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When Protest Is Terrorism

RNC 8 Charged as Terrorists Under State Patriot Act

By Bruce Nestor

04/09/08 "ICH" -- - Ramsey County Charges RNC 8 Under State Patriot Act, Alleges Acts of Terrorism

In what appears to be the first use of criminal charges under the 2002 Minnesota version of the Federal Patriot Act, Ramsey County Prosecutors have formally charged 8 alleged leaders of the RNC Welcoming Committee with Conspiracy to Riot in Furtherance of Terrorism. Monica Bicking, Eryn Trimmer, Luce Guillen Givins, Erik Oseland, Nathanael Secor, Robert Czernik, Garrett Fitzgerald, and Max Spector, face up to 7 1/2 years in prison under the terrorism enhancement charge which allows for a 50% increase in the maximum penalty.

Affidavits released by law enforcement which were filed in support of the search warrants used in raids over the weekend, and used to support probable cause for the arrest warrants, are based on paid, confidential informants who infiltrated the RNCWC on behalf of law enforcement. They allege that members of the group sought to kidnap delegates to the RNC, assault police officers with firebombs and explosives, and sabotage airports in St. Paul. Evidence released to date does not corroborate these allegations with physical evidence or provide any other evidence for these allegations than the claims of the informants. Based on past abuses of such informants by law enforcement, the National Lawyers Guild is concerned that such police informants have incentives to lie and exaggerate threats of violence and to also act as provacateurs in raising and urging support for acts of violence.

“These charges are an effort to equate publicly stated plans to blockade traffic and disrupt the RNC as being the same as acts of terrorism. This both trivializes real violence and attempts to place the stated political views of the Defendants on trial,” said Bruce Nestor, President of the Minnesota Chapter of the National Lawyers Guild. “The charges represent an abuse of the criminal justice system and seek to intimidate any person organizing large scale public demonstrations potentially involving civil disobedience, he said.”

The criminal complaints filed by the Ramsey County Attorney do not allege that any of the defendants personally have engaged in any act of violence or damage to property. The complaints list all of alleged violations of law during the last few days of the RNC — other than violations of human rights carried out by law enforcement — and seeks to hold the 8 defendants responsible for acts committed by other individuals. None of the defendants have any prior criminal history involving acts of violence. Searches conducted in connection with the raids failed to turn up any physical evidence to support the allegations of organized attacks on law enforcement. Although claiming probable cause to believe that gunpowder, acids, and assembled incendiary devices would be found, no such items were seized by police. As a result, police sought to claim that the seizure of common household items such as glass bottles, charcoal lighter, nails, a rusty machete, and two hatchets, supported the allegations of the confidential informants. “Police found what they claim was a single plastic shield, a rusty machete, and two hatchets used in Minnesota to split wood. This doesn’t amount to evidence of an organized insurrection, particularly when over 3,500 police are present in the Twin Cities, armed with assault rifles, concussion grenades, chemical weapons and full riot gear,” said Nestor. In addition, the National Lawyers Guild has previously pointed out how law enforcement has fabricated evidence such as the claims that urine was seized which demonstrators intended to throw at police.

The last time such charges were brought under Minnesota law was in 1918, when Matt Moilen and others organizing labor unions for the Industrial Workers of the World on the Iron Range were charged with “criminal syndicalism.” The convictions, based on allegations that workers had advocated or taught acts of violence, including acts only damaging to property, were upheld by the Minnesota Supreme Court. In the light of history, these convictions are widely seen as unjust and a product of political trials. The National Lawyers Guild condemns the charges filed in this case against the above 8 defendants and urges the Ramsey County Attorney to drop all charges of conspiracy in this matter.

Bruce Nestor, President Minnesota Chapter of National Lawyers Guild
3547 Cedar Avenue South
Minneapolis, MN 55407