Support Grand Jury Resistors
By: Stefan Aune
Issue date: 11/20/09 Section: Opinion
On Tuesday, Nov. 17 Twin Cities residents Carrie Feldman and Scott DeMuth refused to testify in front of a federal grand jury in Davenport, Iowa. They were found to be in contempt of court and were immediately handcuffed and hauled away by U.S. marshals. According to District Judge John Jarvey, they will both remain incarcerated until they agree to testify. The state can keep them locked up for the duration of the grand jury-another 11 months. Neither Carrie nor Scott has been accused of a crime.
Historically, the federal grand jury has been used to ascertain whether or not someone should be charged with a crime; they were created to serve as a safety measure to defend against overzealous prosecution. More recently they have served as a way to harass oppositional political movements, coerce information from activists and sow mistrust and fear amongst movement participants. Grand juries have been used to carry out "the green scare"-the government crackdown on environmental and animal rights activists, whom the FBI has labeled "the number one domestic terrorism threat." A grand jury operates in total secrecy. There is no judge presiding, a prosecutor runs the show, and the individuals subpoenaed to a grand jury cannot have legal council during the proceedings. It is not a courtroom setting, and many of the rights we take for granted do not apply. Individuals can be compelled to offer information regarding lawful or unlawful activities, participation in movements, beliefs, ideologies, and values. None of the rules that prohibit irrelevant, unreliable or unlawfully obtained evidence apply. Witnesses who assert their Fifth Amendment right to avoid self incrimination, refusing to testify, are held in contempt of court and imprisoned. Because of the unjust and damaging use of grand juries and the harm they cause to individuals and groups working for liberation, many people refuse to cooperate.
The law does not require that the state reveal the subject of a grand jury, but based on prosecutor comments it is likely that the Davenport grand jury is in regard to an unsolved Animal Liberation Front action that took place at the University of Iowa in 2004, when Carrie and Scott were 15 and 17 respectively. Both have been active in supporting political prisoners, especially those incarcerated for environmental or animal rights issues. Their association with and support of these political prisoners is likely the reason for their subpoenas to this grand jury.
Historically, the federal grand jury has been used to ascertain whether or not someone should be charged with a crime; they were created to serve as a safety measure to defend against overzealous prosecution. More recently they have served as a way to harass oppositional political movements, coerce information from activists and sow mistrust and fear amongst movement participants. Grand juries have been used to carry out "the green scare"-the government crackdown on environmental and animal rights activists, whom the FBI has labeled "the number one domestic terrorism threat." A grand jury operates in total secrecy. There is no judge presiding, a prosecutor runs the show, and the individuals subpoenaed to a grand jury cannot have legal council during the proceedings. It is not a courtroom setting, and many of the rights we take for granted do not apply. Individuals can be compelled to offer information regarding lawful or unlawful activities, participation in movements, beliefs, ideologies, and values. None of the rules that prohibit irrelevant, unreliable or unlawfully obtained evidence apply. Witnesses who assert their Fifth Amendment right to avoid self incrimination, refusing to testify, are held in contempt of court and imprisoned. Because of the unjust and damaging use of grand juries and the harm they cause to individuals and groups working for liberation, many people refuse to cooperate.
The law does not require that the state reveal the subject of a grand jury, but based on prosecutor comments it is likely that the Davenport grand jury is in regard to an unsolved Animal Liberation Front action that took place at the University of Iowa in 2004, when Carrie and Scott were 15 and 17 respectively. Both have been active in supporting political prisoners, especially those incarcerated for environmental or animal rights issues. Their association with and support of these political prisoners is likely the reason for their subpoenas to this grand jury.
Viewing Comments 1 - 2 of 2
Grand jury fan
posted 11/20/09 @ 9:32 AM CST
The grand jury is a historic and honorable institution that allows citizen juries to investigate the facts of alleged crimes. The rights of witnesses ARE protected -- their testimony is sealed, they are allowed to consult with an attorney, and their Fifth Amendment right against self-incrimination is guaranteed through grants of immunity. (Continued…)
hallie
posted 11/20/09 @ 9:49 AM CST
I'm sorry, but did your writer just submit a letter to the editor in support of violating Federal Law? How idiotic is that? He may have some valid points about targeting individuals, but clearly the grand jury is something that is necessary and works. (Continued…)
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