When Protest Is Terrorism:
RNC 8 Charged as Terrorists Under State Patriot Act
By Bruce Nestor 09/04/08 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