[Ppnews] More on the Ninth Circuit’s Contempt Reversal for Winstead

[Political Prisoner News]

More on the Ninth Circuit's Contempt Reversal for Winstead

Nadia Winstead was notified on December 22 that the Ninth Circuit Court of
Appeals had reversed U.S. District Court Judge Susan Illston's contempt
order.  The contempt order, which was imposed on Winstead for her refusal
to testify before a federal grand jury investigating Bay Area Activists,
was overturned when the Ninth Circuit found that the government had not
made an adequate response to Winstead's claim of being the subject of
unlawful electronic surveillance.

In their decision, the Ninth Circuit found that there was indeed just
cause for Winstead not to answer questions posed to her by the grand jury.

The government has filed an opposition to the Ninth Circuit's decision,
and the case will likely go back before U.S. District Court Judge Susan
Illston.

More information will be released as it becomes available.  Please stay
tuned for more updates!

Background:
In late May '05 Winstead and at least 10 other Bay Area activists were
subpoenaed to appear before a grand jury claiming to be investigating the
2004 disappearance of Daniel Andreas Sandiego.

In August '05 Winstead and several other of those subpoenaed to testify
filed a motion to quash the subpoenas, arguing that the subpoenas were
unconstitutional. The motion was denied by Judge Illston. Several weeks
later Winstead and others filed a motion for disclosure of illegal
electronic surveillance. The motion was deemed premature and too broad and
thus denied as well by Illston.

Winstead originally appeared before the grand jury in January '06 and
again in August '06, each time asserting her Fifth Amendment right to
remain silent.

In September 2006, Winstead's attorney, Mark Goldrosen, filed a second
electronic surveillance motion in an attempt force the U.S. government to
disclose any illegal electronic surveillance that may have influenced
their decision to subpoena Winstead to the grand jury. The government
argued that they did not have to reveal their reasons for subpoenaing
Winstead, garnered illegally or not, and Judge Illston again denied the
motion.

Three weeks later, Winstead was found in contempt by Judge Illston for
asserting her Fifth Amendment right to remain silent, and ordered to jail.
Winstead's attorney then appealed the decision with the Ninth Circuit
Court of appeals.  Winstead was notified that the contempt had been
reversed on December 22, 2006.

This grand jury is one of many, targeting activists, convened around the
country. It has been identified as one part of the U.S. government's
stepped-up efforts to silence dissent among eco and animal liberationists,
now widely referred to as "The Green Scare".

for more information visit www.FBIwitchHunt.com

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