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Submitted by POLDF on Fri, 11/03/2006 - 12:17pm.
Nov 6 2006 - 9:00am
Nov 6 2006 - 12:14pm
The last pre-trial extravaganza for those arrested during the Port War Protests is scheduled for  Monday, November 6th and the trial is scheduled to begin on the 13th. [The trial will span at least a couple of days]. There will be jury selection, there will be expert testimony on the illegality of war, there will be cross-examination of police officers, and much, much more.

If you would like to come to support these 17 cases, come Monday, 11/6/06 at 9am to District Court. Wear red to show your solidarity. Otherwise, be well-behaved, quiet and civil to not complicate the cases. Directions to the court are on the website: http://www.co.thurston.wa.us/distcrt/ and the names of our protesters will be printed on the dockets for the court room number they are expected to be in. Look when you get there.

Come witness the process. Some of our protesters are represented by attorneys, some are represented by Public Defenders and others are either not represented or are representing themselves. For background see articles in Works In Progress www.olywip.org
»

What does...

...the legality of the war have to do with the protest?  I'm curious how this will play out since it should have no influence over the criminal charges.  Whether or not the war is legal should have no influence over a jury.  It's a factor in peoples actions, but not an excuse for criminal activity.  Right?
»

Juries are funny, funny

Juries are funny, funny things.
»

Since the War is Illegal

The port is enabling an illegal military operation to occur, thereby complicating itself in the illegal war. Since the port is a municipal organization, the people of Thurston county, generally are involved in the support of an ongoing illegal military operation.

The protesters responded to a higher law, laws higher than petty trespassing, or obstructing traffic. The protesters responded to a call to halt an ongoing illegal military action. The protesters attempted to dis-enable the war by halting transfer of illegal military cargoes.

George Bush misled the nation into a war of aggression by means of fraud. We have an obligation, both moral and legal, to disenable the continuation of the war. For the sake of the people of Iraq, and for the sake of our Uniformed Service People; let us put this tragic episode behind us, haven't we learned from history? Wars of aggression don't work! The American people don't support wars of conquest or imperialism.

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Yeah, there are folks in

Yeah, there are folks in Olympia who hold the above statement to be true. Again once you get out of Olympia and into thurston county, the odds tip a bit. Thanks for the demonstration Rob.

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Support for the war is dwindling nationwide

At least according to the polls:
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No no, I think support for

No no, I think support for the war is pretty low. I'm saying support for people who oppose the war and rip a gate off of a port fence or pick a fight with cops who are guarding the place is higher in Olympia than it is in Thurston Co. If the jury ends up being 12 folks from littlerock it's going to be very different than 12 folks from evergreen.
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I'd Also Say

Opposition to the war doesn't translate into opposition for military shipments. While the numbers against the war are staggering, for good reason and myself included, I'm inclined to think the numbers are probably reversed for supporting military shipments.  Give them what they need while they are there.  We need a plan to get out - maybe with Democratic leadership we can give our troops that hope.  I'm willing to ditch 'stay the course' with adequate planning.
»

The way I heard it...

... the protesters LIFTED a gate in a fence off its track and laid it on the ground.  The fence wasn't actually destroyed.  Kind of like when you lift a screen door off its track at the end of summer.  I think the whole idea of destruction is being suggested in a deceitful way to scare people, and to create the impression that the protesters were violent.  I was at the May 30 protest, and I didn't see destruction.  I saw the section of fence that was removed lying on the ground, intact.  I did, however, see cops behaving in an inappropriately aggressive manner.  I saw people who weren't breaking any laws get gassed. 
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Hmmm

Well, I was there.  In support of military operations - and I was by far the minority.  I think you heard some things from one side and not the other.  Police have every right to protect themselves from perceived threats.  If they had to wait for the moment of truth each and every time what would the end result look like?

To be fair, why were rocks and bottles and other items thrown over the fence?  I witnessed these acts.  Why did some at the protest arrive with bandanas on over their faces?  I saw these people.  It was clear from web blogs before the actual event that gas was a possibility.  Why else would they take steps to inform others how to beat the gas?

I may sound like I don't care for protesting in general.  That would be wrong.  I, in fact, see it as a reasonable means for in line opposition.  The Women in Black get much respect from me.  I don't honk to support them when driving by nor do I get in their faces and belittle their cause.  I let them do what is granted to them by our constitution.  What you had at the port on those couple of tense nights was far out of line and purposefully confrontational.

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Protesters have every right to protect themselves from.....

... perceived threats.  That's why they were wearing bandanas on May 30.  People had been gassed the night before.  Gas really hurts.  They were protecting themselves from overzealous police who don't tend to give adequate warning before spraying pepper gas.  I didn't see rocks or bottles thrown over the fence on May 30.  Did that happen earlier on, shortly after the protesters marched in, or later?  Before or after the arrests?  Before or after the section of fence was removed?  Where were these people throwing things standing?  What did they look like?  I'm so curious. 

I was at the protest, carrying an anti-war sign, and I didn't break any laws.  I do have to say that I was "purposefully confrontational."  I knew there would be people there in support of the war and protecting the war effort, and I oppose the war.  But, quite frankly, I don't understand what the point of a protest would be if participants didn't have a confrontational purpose. 
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Protesters have every right

Protesters have every right to protect themselves from perceived threats.

Just replace "protester" with "law enforcement" and we have ourselves a Vicious Cycle.

Because usually, these are the people showing up in bandanas. Hardly a woman and three kids putting a bandana on to "protect" themselves.

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Funny, I've never seen palm trees in Olympia

I guess those vicious anarchists brought them with them as weapons?
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I apologize. You wanted an

I apologize. You wanted an Olympia specific picture.

And if you'll look to your left and right, you'll see the same species...

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It doesn't really contribute much to our understanding...

... of what happened locally, does it, if you post a picture of someone somewhere else, participating in something different, does it?   Just for the record, I was there for a number of protests, a middle-aged woman, with a child, neither of us wearing clothing with skulls on it.  My daughter actually wore a green flannel pillowcase over her face (very scary looking!) even though we actively tried to stay away from areas where we suspected there might be gas sprayed.  We failed; the police sprayed pepper gas widely, and without warning.  I was not wearing anything over my face, and I sucked some up.  My daughter was well-covered and wasn't hurt.  Everything the protesters in the Olympia picture are wearing (the bandanas, the hoodies) are for their own protection from pepper gas.
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Style and Appearance

It's too bad that you don't like the way the port protesters look.

Would it make a difference in they were wearing suits and ties?

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When one is dressing in

When one is dressing in attire very similar to the clothing of individuals linked to inciting violence during mass congregations and who fit the demographics and belief sets of individuals normally associated with worker and student revolutions, yes, people become nervous.

»

Every night I was there ( 3

Every night I was there ( 3 nights for those counting ) there was so much warning for people being sprayed it wasn't funny. The first night I was down there a couple and I were standing in the back laughing at 4 young people shouting at a deputy through a fence when he warned them, "If you don't get off the fence, I'm going to spray you." by God he did. Later that night OPD walked up, with a large can of spray in their hand, and asked everyone to disperse or they were gonna spray, guess what, they sprayed.

The rock throwing happend after the fence was removed, probably close to 7pm, because I was off work and down there taking pictures. This is what caused the police forces to move outside of the fence and had one particular protester taking a swing at a state trooper ( ask Drew ) he didn't last long after having paintballs full of peppers spray shot at his feet and getting thrown to the ground.

I have to disagree with you Janet. A good protest gets people onto your side, it does not have to lead to confrontation. I think people there were confronting because they were frustrated over their lack of power. I understand this but it does not make it right. Police were well within their use of force to use pepper spray to disperse a crowd that hugely outnumbered them.

Oh, and I'm not sure what the rock/bottle throwers looked like, but watched a handful of things being chucked over the fence. Completely out of line for protesters. It's too bad that 4 or 5 protesters had to take it to that level.

»

Thanks for the info about the alleged rock-throwing, Norm

If it happened after 7 p.m., as you say, spraying without warning had already occurred, and I had already left.  I have to say, I was shocked and upset that the police sprayed me when I wasn't breaking any laws.  I didn't throw any rocks, and I don't condone that response, but I can certainly understand the impulse.
»

Unfortunately that's the way

Unfortunately that's the way pepper spray works Janet. I wasn't doing anything either but on two of the nights I ended up inhaling some of it. I've had multiple exposures and I still hate the stuff. Police officer often get doused in their own pepper spray. They were trying to keep people away from the fence, if you seek to blame a party blame your fellow protesters who wouldn't back up. Police had a reason to keep people away from the fence ( as it was "gently" removed earlier ) because there was a history of people climbing it or dismantling it. Pepper spray is certainly better on a person than a baton to the thigh or tasers. Force was required, they used a small amount, and by far the least intrusive, and it happend to be the one that doesn't work well with wind happening.
»

I Disagree

Protestors can protect themselves by backing away or going home.  Warnings were given - many times.  Whether you chose to listen is on you.

So your agenda is more important than others.  Sounds selfish to me.  Many protests surrounding the war happen on daily basis in this country without incident.  Supporters from both sides are present and can coexist.

But, quite frankly, I don't understand what the point of a protest would be if participants didn't have a confrontational purpose. 

No disrespect, but then you shouldn't be protesting.  A protest is a demonstration or expression of your dissapproval and/or opposition.  Not physical confrontational.

»

You're wrong about the warnings

I know that there were some warnings issued at some times, but I was standing quite a distance from the fence, at all times, precisely because I wasn't wearing protective gear and to protect my child, and if I had heard a warning, I would have moved myself and my child farther back.  The police sprayed widely, and people who did not hear warnings were sprayed.  The extent of my physical confrontation was my physical presence, holding a sign and, at times, chanting.  I know there are other people who were present that can attest that people were sprayed that were not warned.  I chose to listen for warnings -- I was, in fact, listening very carefully for warnings; the people standing where I stood when we were sprayed, quite a distance from the fence, were not warned. 
»

I Have Little

Sympathy for those who were sprayed.  Not sure why you or others didn't hear the warnings as I heard every one of them and did not take in any gas at all - and, at times, I was as close as you could get, legally.  You should encourage those that brought about the police response (very few from what I saw, but a justified response) to act responsibly next time so you don't have to absorb the fallout.  A few individuals can spoil it for everyone.  Why in the h*ll would anyone bring a child to such a potentially dangerous event?  I did see a few children, but if memory serves me, they were quite a ways back and out of the area directly in front of the fence.  Maybe next time less chant would allow you to listen more closely.  Sorry, I'm not wrong about the warnings - you participated in selective hearing.

If the police response wasn't justified I'd expect some may have filed suit against WSP and Thurston County.  Not so sure about OPD as they didn't seem to be the main enforcer.  Do you know of anyone who plans to sue the county or state?

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Who are you, anyway?

You're new here.  Why don't you introduce yourself?  I'm getting a little tired of telling an anonymous poster, a stranger, over and over and over again that I was standing quite a distance back from the fence, that I was listening for warnings, no warnings came, and nevertheless the spray reached us.  I'm telling the truth, I'm REPEATING and REPEATING the truth, while you imply I'm a liar.  Who are you?
»

Try Clicking

On my name.  I'm not hiding myself in any way.  You can read about me.  I've been reading for a while and have views the way of Norm, TFI, and OlyCop.  So what, I'm new - are you exclusive here?

Born and raised here, went to Timberline, served in the US Navy, spent a few years on the East Coast in Philly, NY, Jacksonville and Charlotte.  Moved back for a while then to LA for two and half years.  Moved back again, got married, had 3 children and now I live on the Westside off of Cooper Point Road.  Independent voter who thinks the party system is fatally flawed.  Don't vote party, vote the person.  Enough?

Not from Texas but they have a saying down there, "You mess with the bull, you'll get the horns."  I liken this saying to the events at the port.  I wonder why the Women in Black have never been gassed.

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I'm new - are you exclusive

I'm new - are you exclusive here?

Not exclusive but I think it's fair to ask for an introduction from an individual who has just come onto the scene (or at least made it known).

With that said, welcome! Looking forward to seeing you on here, "Comrade" Ehver Green (great name, by the way).

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Ehver Green

Our local garage band name!  Wanted Ever Green, but it was taken and we play with a lot of Electro-Harmonix effects equipment, so it made sense.

Instrumental Rock the way of Mogwai, no lyrics, at all.  We can be found here:  Ehver Green  Got a logo and everything!

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Thanks for the info.

Welcome.
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oh yes they can

"A few individuals can spoil it for everyone."

That is so true.  It's just too bad we keep looking in the wrong directions for the spoilers.

Freedom lies in being bold.
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The gate was lifted

That is what I saw also, no fence destruction. It was lifted off and laid to one side on the ground. Just as Janet and many others of us witnessed, the gate was laid on the ground off to one side, out of the general flow of people, intact.

I sat for quite some time with a young man who had been jabbed hard and zapped in the ribs with a stun baton, while he was trying to back away with his hands up.
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What Right

Did anyone have removing the fence?  Removing the physical barrier was costly for some and rightly so.
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Most Of What You Said

I can buy into or at least see for what it is worth (the war has not been proven illegal in a court of law - correct me if I am wrong).  Trying to rationalize criminal activity as a means for defense is childish at best.  While the stakes are higher in this case, my 7 year old could find fault in this defense.  Why not a judge?
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True Enough

But, I'd hope the judge in this case doesn't allow the irrelevance.  I'm no lawyer, however, a good prosecutor should be able to object to any war testimony as irrelevant and have it sustained.
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well, don't quote me, but I

well, don't quote me, but I 'think' that it was ironed out in the pre-trial and it is being allowed during trial. Whether or not this convinces a jury depends much upon who is selected and what their views are like. Olympia is pretty diverse, open it up to thurston county and the odds start tipping a little.
»

Update

The prosecutor, Debra Eurich, has filed for certiori from the Superior (or was it Supreme?*) Court of Washington, to have the Judge's decision overturned prior to trial. Should get interesting. (She's arguing that the Judge cannot allow the necessity defense).

*(Four beers plus legal documents equals fuzzy memories.)

"The greatest hoax played on the masses is that their individual voice is nothing amidst the cacophany of world events." - enpen, an Olyblogger (2006)

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Aha! Drew frequently comes

Aha! Drew frequently comes through with some info. I knew there was more to it than what I had off the top of me ol noggin.
»

Found the Link

http://159.54.227.3/apps/pbcs.dll/article?AID=/20061004/NEWS/610040330

Dubuisson is allowing it as a "necessity" defense.  Wow, I'm speechless.  It goes to far and opens up the flood gates for future chaos at the port and ultimately questions the safety of port staff.  Although, I'm pretty sure if there ever was a confrontation, the longshoremen would serve up an old-fashion whooping!

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Are you kidding?

Really, it is being allowed?  Ah, right, activist judges.  Bad precedent.  There will be future shipments through our port and it's a good time to let the community at large know what is acceptable when venting during a protest.  So, if I'm understanding your comment, the judge has said the legality of the war in Iraq can be used in defense of somebody committing a crime at the Port of Olympia (two wrongs now make a right)?  I'm new to this blog from a posting standpoint, but I've been reading it for several months now - so I know my position isn't a popular one and I'm OK with that.  I'm all about perspective!

By the way, the people with court dates could use the Women in Black as their model for gaining respect.  It's not always about who can be the loudest.  In fact, rarely is it about attention getting unless you want public backlash.  And, for the record, I spent two peaceful nights right at the fence and even had the pleasure of speaking with TJ and Laura about their views.  It was quite a spectacle.

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Nope, not kidding. If you've

Nope, not kidding. If you've been reading awhile you'll know that my point-of-view is not always the most popular either. Play the game, follow the rules, support your statements and you'll do just fine.
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If you look back over the history...

...of the port protest on this blog, you notice that there were a number of us, including me and Phil (that I remember off the top of my head), who thought that the whole "tear it down" meme was counter-productive. I think that the protests could have been much more powerful and alienated fewer people if they had been handled differently. That being said, though, this stuff about how protests shouldn't be confrontational or break any laws -- give me a break! It's not called "civil disobedience" for nothing. It always gets me that those who claim to cherish the freedom to protest are the first ones to gripe when someone actually does protest. Where would this country be if everyone followed the rules in the 1770's (not a country at all, I'm afraid).


When you think of the long and gloomy history of man, you will find more hideous crimes have been committed in the name of obedience than have ever been committed in the name of rebellion. -C.P. Snow
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Sure..

...but own up to your "civil disobedience" without citing an external factor for your unlawfulness.  Protest all you want without breaking laws and you'll be fine.  Protest all you want while breaking laws and expect to be held accountable - no whiners.

Confrontation is one thing.  Physical confrontation is quite another.  The former is where the protest should end unless you can accept the variety of options the authorities have at their disposal.  When these options become a reality it has gone too far.  I saw a number of people who were at the fence look to one another and decided it wasn't worth what the police had to offer.  The turned around and walked away.  I'm sure they still believe in their cause and didn't sell-out in any way.  They simply found the provoked reaction to be more than they were willing to accept.

And I do support peaceful protest.  No doubt in my mind that I agree with signage, and chanting and the like.  Not shopping at Ralph's is a perfect example.  If the people boycotting Ralph's can make a big enough financial impact, the store brass may change their stance.  This is a great example of protest working in the favor of opposition without being criminal.

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And what about...

...sitting at the whites only lunch counter, or at the front of the bus? Or blocking the path of a train carrying nuclear waste, or refusing to pay that portion of the tax on your phone that funds the defense department?

Please explain how justice equates with non-criminal behavior in these examples.


When you think of the long and gloomy history of man, you will find more hideous crimes have been committed in the name of obedience than have ever been committed in the name of rebellion. -C.P. Snow
»

That's a whole nother

That's a whole nother ball-game Rick. Yes there were illegal things done during the civil rights movement that SHOULD have been legal. It was still illegal though, we are judged by our current system of law, not what it SHOULD be in our own minds, but what it is right now. The law was broken, it's up to the prosecutor to determine if charges should be filed. Charges were filed, now it's up to a jury to decide if they are guilty after evidence is given and the two sides duke it out. Justification for a crime ended with the prosecutor. If you choose to be active in civil disobedience you'd better expect to be arrested sometime and when you are you should damn well expect to be charged with a crime. Justified or not the law was broken, right?

  If you decided not to pay taxes on your phone bill I'm sure the company would ding you, and blocking a train seems like a really bad idea. You may end up with something worse than jailtime.

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The things I mentioned...

...are all examples of acts of protest that folks have done (or are doing). First of all, I don't see anyone whining particularly about being prosecuted. The people who trespassed on port property expected to be arrested, and I'm sure they considered the consequences, so let's not play Papa and pretend that you can tell them that they should be sorry for what they've done. They're grown ups and can take care of themselves. (And will probably make out just fine given the incompetence of the prosecution, from what I've heard).

With respect to the criminal-behavior-does-not-equal-valid-protest aspect, it is more than a tad bit ironic that Bush and Cheney can commit political crimes of enormous scale and not suffer the consequences, while some college kids become the pariah of the community for knocking down a gate (did you see the surprised look on their faces when it actually came off its hinges? They were more surprised than anyone).


When you think of the long and gloomy history of man, you will find more hideous crimes have been committed in the name of obedience than have ever been committed in the name of rebellion. -C.P. Snow
»

I think I'm still arguing

I think I'm still arguing with the people a few posts up. I think the whining ( if we are gonna call it that ) is more in regards to how the police and community responded to this. You are right these are big boys and girls who aren't upset that they were arrested. Because they are so grown up they should also know that a part of the community is going to have no respect for their actions. Maybe that will change a few generations down the road but in the present they had folks in the community who frowned upon what they did. The police are also doing their job, they used force and people are upset that they were caught in the crossfire. Let me be very clear here, if you do not want to inhale peppers spray, or subject your children to it, DON'T go to protests. This is a common dispersal tactic and if you think that because you aren't breaking any laws that it won't affect you, you are wrong.

 I disliked your analogy simply because civil rights for a people are different than stopping a shipment for the military. If this were a protest about homosexual rights I would feel more sympathetic, I still wouldn't condone the violence but at least they are looking to change something, and realistically have a chance. There was NO WAY IN HELL that the protesters at the port were going to stop shipments. It was not going to happen and anyone who thought they would make a difference in this manner has a serious disconnect from reality.

 I've asked this before, I'll ask again, WHO is going to charge cheney/bush with anything? You might, just might, have the backing of the citizens of this country but nobody is going to touch them on a legal level so how are they going to suffer the consequences?  I was pretty supportive of the group as a whole. I understood their cause and, to an extent, agreed with them. The handful who decided to climb fences, remove gates ( gently, I know, gently ) and square off with the cops just didn't receive much respect from me. Had it been a different cause maybe I would have held more.

 In short I think criminal behavior can be valid protest, but it may not sit well with some in the community/country. Everyone has their own limitations and level of intensity that they think is appropriate.

»

Agreed.

Bush and Chaney commited political crimes, and thus, their fate will be decided poltically. But, I think Mike's point from the other thread is that they haven't become pariahs -- there are still many apologists who think that they were acting in good faith. Well, if you're wrong about something as important as a war, and you're acting in good faith, and you just can't get it right no matter how hard you try, don't you think you'd ask for help? But, we get nothing but arrogance and more doublespeak. That will get sorted out on Tuesday (at least a start, anyways).

Nobody thought they were going to stop a shipment. It wasn't the best symbolism, but it was a symbol.


When you think of the long and gloomy history of man, you will find more hideous crimes have been committed in the name of obedience than have ever been committed in the name of rebellion. -C.P. Snow
»

Me? Of course I'd ask for

Me? Of course I'd ask for help. I'm that kind of person though. If it's a snap decision I have no problem making it and if I'm wrong I have no problem admitting it. With something like a war though I feel, with my personality, I would surround myself with people I trusted, and with people who had a better knowledge of what circumstances and consequnces may arise. Of course if I were president things would be pretty different. Wink

Tuesday will certainly be interesting. If I had to place my bets I'd say there are going to be some pissed off republicans.

»

I have attended a great number of peace demonstrations

I have attended a great number of peace demonstrations.  In the majority of them, no laws were broken, no arrests were made, and the police didn't hurt anyone.  I expect to be able to lawfully exercise my right to peaceful demonstration as a citizen without being harmed by the police. If the police use excessive force on peacefully demonstrating citizens, and I complain, you can call me a whiner.  I don't really care. I recognize that label for what it is, an attempt to squelch dissent.  I will continue to attend peace demonstrations, and I will continue to expect the police to behave responsibly. 
»

At times action must be

At times action must be taken that is deemed illegal.

If you really believe illegal activity is necessary, go for it. You cannot, however, expect to carry out illegal actions and for society to not punish you.

Basically, protesting requires sacrifice. If you believe it in enough, jail and/or prison shouldn't be a problem. I would argue a great deal of important writings have come about because the author was incarcerated.

»

Basically, protesting

Basically, protesting requires sacrifice.

AMEN, TFI!
»

That's why I left the ( this

That's why I left the ( this ) right after the term. It wasn't my choice of words. I understand you think the force down at the port was excessive, and I'm not on here to belittle you, and I'm sorry if I am in fact doing that.
»

Sorry I Wasn't

Able to respond until now.  I was out last night with lots to do today.  Collateral damage at the port, which was far from peaceful, should have been expected.  It's far too late for a more reasonable approach to the protest.

Don't forget, this cost the city money in the end.  And, as a result of a few people's actions, via police presence (more than should be necessary) and overtime, the force of authority will be larger when the next shipment comes to town.  These resources are not free - and they *ARE* required - given the events at the end of May this year.  So, rather than your normal patrol to control the scene, we're going to have many, many officers onsite and even more on call, if needed.  And again, the city will have to cough up the money to pay for it.  Doesn't seem at all right that the residents of this city have to pay for protestor actions.  If you asked me, anyone convicted on trespassing charges or any other charge related to the May protests, should be banned from Port of Olympia property, barred from attending protests on port property, and arrested without question if found to be in disagreement with the above.

While the police patrol is on salary or hourly wages, military pay is set and not very flexible.  I think it's time to bring down a small infantry division, full gear (including M-16's) and all, to setup a nice perimeter!  The protest can take place outside of the perimeter.  They gently removed a fence - lets see if they want to get rough with a well-trained soldier.

»

Just one little hitch...

...with that suggestion: posse comitatus.


When you think of the long and gloomy history of man, you will find more hideous crimes have been committed in the name of obedience than have ever been committed in the name of rebellion. -C.P. Snow
»

Probably Good For

The protesting crowd anyway! ;-)

So, we'll just keep paying our cops overtime and shank our local budget.  It perils in comparision to the billions spent on the war, though.

»

If the city and the port say

If the city and the port say no more shipments, think of all the money they'd save!
»

Wouldn't they be losing

Wouldn't they be losing money since the Port would be sitting empty?

»

Trial Update

I would really appreciate an update on what's going on with the trial. I didn't make it on MOnday, Hopefully I will be able to next time... Friday, right?
»

An update -- Olympian style

Published November 07, 2006
Lawyer targets ruling on port case

christian hill

A prosecutor has challenged a judge's ruling that aids the defense of the 17 people who were scheduled to go on trial Monday for trespassing on Port of Olympia property during the May 30 protest against the Iraq war.

District Court Judge Susan Dubuisson erred last month when she granted the co-defendants use of the "necessity" defense for the trial, Deputy Prosecuting Attorney Debra Eurich argued in court papers.

Eurich has petitioned Thurston County Superior Court to stay Dubuisson's ruling and schedule a hearing to consider her argument. Superior Court Judge Thomas McPhee will consider the stay Thursday. If granted, the trial would be postponed until next year.

Dubuisson's Oct. 3 ruling was a key victory for the codefendants, giving them a legal tool to seek acquittal. The ruling allows the defense to justify a conduct was necessary to prevent some greater harm.

To use it, the defendants must prove they "reasonably" believed the trespass was necessary to avoid or minimize harm, that their conduct resulted in no greater harm than they were attempting to prevent, and that they had no legal alternative.

The co-defendants said their actions were necessary to stop the killing of U.S. troops and Iraqi civilians. The May 30 event was the most charged of several days of protests over use of the port to ship the equipment of a Fort Lewis-based brigade to the Middle East.

They also claimed they had exhausted legal alternatives to stop the shipment, including participating in vigils, writing elected leaders and testifying before port commissioners.

If McPhee denies the stay, opening statements will begin Monday.

Christian Hill can be reached at 360-754-5427 or at chill@theolympian.com.

 

 

 

 

 

 

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