[News] Feds Drop Subpoenas Against Peace Protesters

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Feds Drop Subpoenas Against Peace Protesters




Advocates Rally At Federal Courthouse Tuesday

http://www.theiowachannel.com/education/2833197/detail.html

POSTED: 11:28 AM CST February 9, 2004
UPDATED: 1:51 PM CST February 10, 2004

DES MOINES, Iowa -- The U.S. attorney in Des Moines dropped two subpoenas 
against local peace protesters Tuesday.

The attorney sent a letter to Ben Stone at the Iowa Civil Liberties Union 
saying the subpoena against Wendy Vasquez was withdrawn. Later, Brian 
Terrell told NewsChannel 8 his subpoena was also droppped. No word yet on 
if the subpoenas against two other protesters and Drake University have 
been dropped.

The case has received national attention and has outraged peace activists 
and civil libertarians. Tuesday morning, peace activists held a prayer 
vigil at the Des Moines Valley Friends Meeting House at 42nd and Grand. Two 
people under federal subpoena were there. Shortly after noon Tuesday, 
advocates rallied in front of the federal courthouse in Des Moines 
(pictured, above right).

When Vasquez's subpoena withdrawal was announced Tuesday during the rally, 
the crowd outside the courthouse cheered wildly.



Trespassing Investigation

Monday, a federal prosecutor said subpoenas seeking records of a legal 
activist group and ordering four antiwar activists to testify before a 
grand jury are linked to an investigation into trespassing at Camp Dodge 
last November.

Earlier that day, the U.S. Attorney's Office in Des Moines postponed those 
four appearances before the grand jury.


And Monday evening, U.S. Attorney Stephen O'Meara provided the first 
official details of what the investigation is about. O'Meara said reports 
that the case is being investigated as an "antiterrorism" matter that 
involves the United States Patriot Act are "not accurate."

The grand jury originally issued subpoenas to at least four Iowans last 
week: Wendy Vasquez, Elton Davis, Patti McKee and Brian Terrell.

The activists had been scheduled to appear Tuesday, but the government 
pushed it back until next month. Reasons for the delay were not given.

The grand jury is also seeking documents and information from Drake, though 
a legal activist group is asking a federal judge to throw out the subpoena.


The federal government issued the subpoena last week because it wants 
records of an antiwar forum that took place Nov. 15 at Drake (pictured, 
below left) and of a war protest the next day at Camp Dodge (pictured, 
above left). Polk County Sheriff's deputies arrested some of the protesters.

In a statement released Monday evening, U.S. Attorney Stephen O'Meara in 
Des Moines said:

"The narrow purpose and scope of that inquiry is to determine whether there 
were any violations of federal law, or prior agreements to violate federal 
law, regarding unlawful entry into military property -- and specifically to 
include whether there were any violations as a result of an attempt to 
enter within the fenced, secure perimeter at Camp Dodge."

O'Meara said the investigation "does not relate to the rally held at STARC 
Armory on Nov. 16." He confirmed his office is investigating an event that 
occurred at Camp Dodge at or about the same time as the peace rally at 
STARC Armory.

Several protesters were arrested at that well-publicized event where law 
officers were waiting for protesters who crossed over a line demarking 
National Guard property. The investigation appears to pertain to an 
incident that same day elsewhere on Camp Dodge property where someone 
entered or attempted to enter the fenced area of the military property.

As for the protestors, O'Meara said, "The United States Attorney's Office 
does not prosecute persons peacefully and lawfully engaged in rallies which 
are conducted under the protection of the First Amendment to the 
Constitution of the United States."

O'Meara said reports that this matter are being investigated by the Joint 
Terrorism Task Force are not accurate.

The subpoenas were served by a local sheriff's deputy who works on the FBI 
Joint Terrorism Task Force.



Drake Subpoena

Though a judge has gagged Drake from discussing the case, the National 
Lawyers Guild, which helped sponsor the antiwar conference, faxed KCCI a 
copy of that Drake subpoena. It asks for all conference records, including 
names of people who were there.

The grand jury also wants Drake's names and records of the National Lawyers 
Guild's campus chapter and Drake security records, including any 
observations of what happened at the forum.

The guild filed court documents asking a judge to block the grand jury's 
subpoena: "To the extent that the grand jury is being employed for the 
purposes of probing into protected political and associational activities 
or intimidating and harassing supporters of the peace or antiwar movement, 
the grand jury has clearly overstepped its authority."



Harkin Inquiry

Iowa Sen. Tom Harkin told NewsChannel 8 he's writing U.S. Attorney General 
John Ashcroft asking him for more information.

"I want to know what is going on. I want to know what is happening here and 
why these subpoenas are being issued," Harkin said, prior to release of the 
statement from the U.S. attorney in Des Moines.

In a letter to Ashcroft released Tuesday, Harkin said:

"Prosecutors should be particularly vigilant about using extraordinary 
steps in cases when such a treasured American value as free speech is at 
stake. I hope that the steps taken in this case are an effort to protect 
citizens and security, not to silence legitimate voices calling for peace.

"When law enforcement measures are disproportionate to the activities they 
target, or when they appear to target activities that are legitimate 
expressions of dissent, then those law enforcement measures have a chilling 
effect. They stifle liberty instead of protecting it."

Federal officials had previously refused to provide any information about 
the grand jury inquiry. The statement released late Monday came after 
national attention began focusing on the case in Des Moines. Reporters for 
both the New York Times and Los Angeles Times were working on the story 
Monday.

Tuesday, the American Friends Service Committee demonstrated in front of 
the federal courthouse in Des Moines around noon.


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