Raided anti-war activists to be in federal court with motion to unseal secret documen

[ckaihatsu]

Raided anti-war activists to be in federal court with motion to unseal secret documents

By staff

St. Paul, MN - Two Minneapolis anti-war and international solidarity activists will be in federal court, Nov. 1, to demand an end to the government secrecy surrounding their case. Jess Sundin and Mick Kelly are two of the 23 Midwest activists targeted by an investigation that included two years of spying by undercover agents, Sept. 2010 raids of homes and offices in Minneapolis and Chicago by the FBI, and a secret Chicago grand jury.

Their attorney will present arguments for a motion to unseal the affidavits used to obtain the search warrants for their homes more than three years ago.

Jess Sundin, a plaintiff in the case, said, “The government launched its vicious attack on anti-war and international solidarity activists with two years of surveillance by undercover agents, then carried out FBI raids on a dozen homes and offices and attempted to force our testimony to a grand jury in Chicago. Every step of the way, the government acted under a cloak of secrecy and has insisted on guarding those secrets to this day. On Friday, Nov. 1, we will have our day in court, as our attorney argues for our motion to unseal the affidavits that were used to obtain the search warrants for those FBI raids.”

Bruce Nestor, attorney for the plaintiffs, writes in a document filed with the court, “Over three years ago, based upon the submission of secret evidence, the United States government convinced Magistrate Judge Susan R. Nelson to seal the search supporting affidavits at issue in this matter. Over three years after the applications and affidavits were ordered sealed, there are no public signs that the government is continuing its investigations related to these warrants or of the individuals named in the warrants. Indeed, while turning the constitutional presumption of innocence on its head by stating that the Petitioners in this matter remain subject to prosecution and therefore under ‘suspicion.’”

Nestor continues, “The government’s position in this matter also raises the question, ‘What is the prosecution trying to hide?’ [This also] … prevents undersigned counsel from effectively challenging the government’s claims.”

The hearing will take place in courtroom 3C at the United States Courthouse in Saint Paul (316 N Robert Street) at 9:00 a.m.


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[ckaihatsu]

Anti-war activists fight government secrecy in push to unseal documents on FBI raids
U.S. attorney office cites ‘ongoing investigation’

By staff

St. Paul, MN - Two prominent anti-war and international solidarity activists, Jess Sundin and Mick Kelly, were in federal court here, Nov. 1, in a bid to pull back the curtain of government secrecy that surrounds the FBI raids on their homes on Sept. 24, 2010. In the hearing presided over by Judge Steven E. Rau, Bruce Nestor, attorney for the plaintiffs, made a passionate argument for a motion to unseal the affidavits used to obtain the search warrants for the FBI raids.

Nestor told the court that the government cannot raid the homes of political activists without providing an explanation. He also spoke of the chilling effect the raids had on those exercising their First Amendment rights.

The Sept. 24, 2010 FBI raids struck seven homes in Minneapolis and Chicago and the office of the Twin Cities Anti-War Committee. A total of 23 activists were summoned to a Chicago grand jury investigating “material support for terrorism.” No one testified.

At the Nov. 1 hearing, Assistant U.S. Attorney Andrew Winter cited the ongoing investigation into the anti-war and Palestine solidarity activists as the “compelling government interest” in continuing to keep the documents under seal. Judge Rau stated that he will hold a closed ‘in camera’ hearing with Assistant U.S. Attorney Winter in 120 days, where Winter will report on the status and scope of the investigation. After that the judge will make periodic reviews (possibly every 90 days) of the order to keep the documents sealed.

Commenting on the Nov. 1 proceedings, Jess Sundin stated, “I came to court today hoping to hear that the investigation of myself and fellow activists was coming to a close and that the veil of secrecy and suspicion around us would be lifted. Instead, the government said the investigation is ongoing. While Assistant U.S. Attorney Winter didn't openly threaten indictments, he expressed that things could develop in our case any day. Given that the government is fighting to keep its secrets hidden, I think he was saying that one or more indictments may still be coming. Or perhaps he expects the investigation will widen, and other activists will be caught up in this shameful witch hunt.”

Sundin continued, “I left the courtroom with a sense of foreboding. We need to be prepared, in the event of indictments, possibly within the next few months. We need to defend others who are persecuted for their political ideas or who they are - such as Chicago’s Palestinian community leader Rasmea Odeh. Three years ago, many of us made arrangements for family members to put up their homes, in the event that we would need to make bail. It was a sobering moment after court today, when we were reminded that all of these preparations should be reviewed again today.”

Sundin and Kelly have long spoken out against U.S. wars and in support of oppressed people. Mick Kelly said, “This case is all about criminalizing those of us who stand with the struggles in Palestine and Colombia, those of us who work against U.S. wars. There is no doubt that the affidavits used to obtain the search warrants on our homes are full of lies and are an attack on protected political activity. We want to drag them into the light of day.”

Read more News and Views from the Peoples Struggle at http://www.fightbacknews.org. You can write to us at [email protected]






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