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Gag Order on RNC-8 and Prosecutor Gaertner

by: Grace Kelly

Thu Dec 18, 2008 at 13:34:01 PM CST


Prosecutor Gaertnor is saying that she cannot answer RNC questions because of a "gag" order issued by a judge in an off the record meeting in judge's chambers, which means that I cannot get a written record of such an order. Hmmm, the convenience of such an order is amazing. Especially since the most basic complaint is a political complaint that the law is here is being applied in a totally unfair and inconsistent way. It is like enforcing a jaywalking law on the pedestrians in the middle of University of Minnesota.

So here are the questions that I would like to ask Ramsey County Prosecutor Susan Gaerdner:

1) Would any person who did the same acts at a sporting event be treated the same way as these people at the RNC who allegedly committed these crimes?

Grace Kelly :: Gag Order on RNC-8 and Prosecutor Gaertner
2) How much discretion does the prosecution have in cases like this? Why did you use your discretionary ability the way that you did?

4) Why are you, the prosecutor choosing to use the "terrorist" label for these acts?

5) Does the terrorism label only apply to political speech or does any crime committed in St Paul during the RNC automatically become an act of terrorism?

8) So if a police officer abused police power to the extent of breaking the law, would that act because it happened in the space and time of the RNC then become an act of terrorism as well as a criminal act?

9) Is Ramsey county investigating any lawbreaking of police? Why have no cases been filed? There certainly have been many cases caught on film with calls to action from many. In fact, the RNC08 are only alleged to have damaged property. The direct application of mace mere inches away from a bound person caught on tape is certainly torture by normal people's standard, morally wrong and certainly a wrongful use of force. Why is there no prosecution? Why is Ramsey county not prosecuting the police officer who did the mace inches away from a bound person's face? Why are there no arrests in the torture that happened inside the Ramsey county jail?

10) Are you prosecuting cases in priority order? Are these cases the highest priority in comparison with meth crimes in the county? How much time and money is normally spent on prosecuting meth crime? How much time and money is was spent on prosecuting RNC08 cases? How do you in these economic times justify asking for a raise and spending such effort on crimes of breaking windows and dropping a sandbag off of a bridge? Why isn't police abuse of power anywhere on the list of priorities?

11) How can you ask for a raise when county finances are in such bad shape? How do you think people feel who are losing jobs when you ask for a raise when you are paid more than the mayor or the governor? If you need the money then why are you running for the governor's job that pays less?

12) Why would people want to vote for candidate for governor who only applies the force of the law to only selected groups of people, like protesters and not police?

So both an AM950 interview and my interview was canceled because of the gag order. I had a request for an interview for weeks. I am usually easy on people I interview. I really don't expect I will get an interview now. Maybe someone else can ask these questions!

 

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Gag orders denote secrecy denotes terrorism (0.00 / 0)
This blurring of terrorism with protest and/or planned acts of civil disobedience just gets WORSE and WORSE!  The RNC 8 are not charged with actually DOING anything but "conspiring to riot in furtherance of terrorism".  They were all pre-emptively raided and arrested the weekend before the RNC even began.  

Therein lies one of the indications that the "war on terror" has been turned inward into a "war on dissent".  If you remember--even tho' Sarah Palin didn't--the "BUSH DOCTRINE" established in the "Global War on Terror (GWOT)" after 9-11 was to the effect that the U.S. is entitled to launch attacks on a "pre-emptive" or "preventive" basis.  Of course the Bush Doctrine runs completely counter to international law in that respect but.... and now the doctrine involving "pre-emptive arrests" has been turned on American citizens?

Additionally, if you've been following the linking of the Bush Administration's excessive secrecy, over-classification, and the GWOT, well if you haven't been following it, I don't have the space here to inform you how extremely excessive it's become.  "State Secrets Privilege" used repeatedly by the government to win lawsuits; secret court proceedings; secret black sites; secret searches; gag orders on requests for records; you get the picture.  Finally, just a couple of days ago, a federal judge struck down the blanket "gag orders" that have been accompanying all FBI "national security letters".  The fact that excessive secrecy has accompanied every turn of the GWOT is a well understood problem to the extent that it's even counter-productive to agencies sharing of intelligence in many instances.  But now, if news reports are right, we are seeing the Ramsey County Prosecutor seeking a "gag order" on the RNC 8 criminal defendants in Minnesota?!  How would they find and contact witnesses or experts for their defense?!

Finally, (and again if news reports are correct), I just read that the courtroom that the RNC 8 defendants were in was subjected to a bomb-sniffing dog as the proceeding started.

I wish officials would just take a deep breath and remember what Edmund Burke said: "Nothing so effectively robs the mind of its ability to act or to reason as fear."  Ridiculous, unbridled fear is what fueled the Salem Witch Hunt and the House UnAmerican Activities Committee.  It obviously also played a role in the police response to the protest of the RNC.        
       


Bank windows, Susan Gaertner (0.00 / 0)
So, how does the window breaking factor into this? Do we think that is acceptible?  I don't.  Someone was just convicted of that.  I don't see much difference between that and the acts committed on "Kristallnacht".  Hate combined with action.

The RNC 8:  We can't tell what the evidence is... one thing that is happening FOR SURE is Susan Gaertner's name being dragged in thru the mud, making it hard for her to do her job and run as a Gov.  I guess that's called "baggage" and maybe why lawyers sometimes don't make good candidates?  I think her stance on the issues is pretty good and I will vote for her if she is endorsed.

The Conspiracy to Riot in Furtherance of Terrorism must mean there is evidence of conspiracy (togetherness, with mission) but that word terrorism is loaded, isn't it.  There's still the idea that govn't protects the people, but "terrorism" is way overused.


Are laws uniformly enforced? (0.00 / 0)
The people who were "conspiring" to kill Obama in Denver were simply let go, while people here "conspiring" to break a window are held under felony terrorism charges.  

[ Parent ]
Conspiring (0.00 / 0)
Well, there must have been more to it than just conspiring to break windows (which, by the way, hurts fellow citizens who have to fix those and pay for those windows and doesn't necessarily have an effect on the group they hate:  the RNC attendees.)


[ Parent ]
Planning is not Conspiracy (0.00 / 0)
I assure you, the existence of a felony charge does not indicate evidence of anything.

Protestors are commonly given felony charges after the police have beaten them up or otherwise violated their rights.  The idea is to scare them into accepting a plea deal on a lesser charge.  The protestor is relieved, thinking, "Wow, I really got off easy there!"  When in reality it is the police that have gotten off easy -- once the protestor pleads guilty to something -- anything -- it is very difficult to sue the police for brutatlity or violation of civil rights.  The judge will simply say, "You were doing something wrong and you got what you deserved."

Planning for a large protest, finding out-of-town visitors a place to stay, gathering up bicycles so people can get around town does not constitute "conspiracy to riot" either with or without the terrorism enhancement.  Planning is not a conspiracy.  The prosecution is going to have to do a lot better than this.


[ Parent ]
welcome to what? The USA? Nope. (0.00 / 0)
magoo said:
Planning for a large protest, finding out-of-town visitors a place to stay, gathering up bicycles so people can get around town does not constitute "conspiracy to riot" either with or without the terrorism enhancement.  Planning is not a conspiracy.  The prosecution is going to have to do a lot better than this.

That all sounds wonderful except for the planning for a large protest part...

This anarchist group planned to "crash" the RNC.  That sounds pretty anti-American to me. I agree with the idea of free speech, but it also sounds like they are going to "crash" the RNC... what does that mean. Where does free speech stop and protection of others' rights begin.  

Let's see, according to their website http://www.nornc.org/:  

Those who work with the RNC Welcoming Committee must agree to:
1. A rejection of Capitalism, Imperialism, and the State;

2. Resist the commodification of our shared and living Earth;

3. Organize on the principles of decentralization, autonomy, sustainability, and mutual aid;

4. Work to end all relationships of domination and subjugation, including but not limited to those rooted in patriarchy, race, class, and homophobia;

5. Oppose the police and prison-industrial complex, and maintain solidarity with all targets of state repression;

6. Directly confront systems of oppression, and respect the need for a diversity of tactics.

here's more on what they mean by anti-State:

The State: A political organization that exists to support the ruling class by managing and policing people. The state is considered by most, though not by us, as the only modern institution that may legitimately use violence to achieve its goals, via the military and the police. The relationship between capitalism and the state can be clearly seen in the recent Enron and Halliburton scandals.

That is outright disregard for law and order, and for our precious democracy. I understand there has to be push-pull or power gets out of hand, but they were clearly a group with a mission.


Thoughts are not Crimes (0.00 / 0)
First of all, you cannot punish people for what they put up on a website -- unless you're planning on abolishing the First Amendment.  You cannot punish people for believing that a large centralized state concentrates too much power in too few hands, unless you plan to start prosecuting "thought crimes."

The way the RNC Welcoming Committee worked is that various groups planned their own actions among themselves.  What they chose to do would depend on their own agendas, what tactics they thought were appropriate and how much risk they were willing to take personally.  This means some groups might picket, others might do street theater, some might decide to  block traffic and others might try to prevent the delegates from reaching the convention, and some might decide to have their own little picnic in a park along Shephard Road.  This is what "diversity of tactics" means.  The various groups did not agree on what constituted appropriate tactics, but under the umbrella agreement, they agreed to leave one another alone in this respect.

Unless the prosecution can prove the defendants were planning to do something illegal themselves, they haven't got a case.  It isn't enough to say that some group from Santa Cruz broke a window, therefore the people who gave them a place to sleep are guilty of a crime.  It isn't enough to say that some protestors tried to prevent the delegates from reaching the convention, therefore all are guilty.  The prosecution is going to have to prove that Luce Guillen-Givins, Max Specktor, Nathanael Secor, Eryn Trimmer, Monica Bicking, Erik Oseland, Robert Czernik and Garrett Fitzgerald each intended to do something illegal before they have any case at all.  Then they are going to have to show what it was they intended to do, and then they are going to have to show that that action would constitute terrorism.  That's why they all have four charges against them now -- because the prosecution is not sure it can convince a jury that "property damage" = "terrorism,"  that "picketing" = "disorderly conduct" or that "blocking the streets" = "rioting."


[ Parent ]

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