Author: Fight Back

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.”

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.

Jacksonville, FL – Protesters from across Florida gathered in front of the Duval County Courthouse on October 31 for the first status hearing in the retrial of Marissa Alexander, the 33 year old African American mother who fired a warning shot to fend off her abusive husband.

The status hearing lasted just a few minutes as Judge James Daniel set November 8 as the date of Alexander’s bail hearing.

Although protesters tried to enter the courtroom to show support for Alexander, Jacksonville police locked them out. The group of protesters regrouped outside for a press conference, where they discussed future plans to win freedom for Alexander.

Alexander’s case drew national attention after the murder of Trayvon Martin and the not-guilty verdict in the trial of racist vigilante George Zimmerman, Martin’s killer. Prosecuted under Florida’s mandatory minimum sentencing laws, Alexander received a 20-year prison sentence for aggravated assault in 2012 despite only firing a shot in the air to defend herself from a domestic abuser. Zimmerman, on the other hand, received a not guilty verdict after murdering Martin, an African American youth. Protesters contrasted the cases to show the racist and sexist nature of the criminal injustice system.

The Zimmerman verdict brought new attention to Alexander’s case, launching nationwide protests demanding her release. The Southern Movement Assembly led a 126-mile walk from Jacksonville to Sanford in August demanding Alexander’s freedom and the resignation of State Attorney Angela Corey, who prosecuted her case. On September 26, 2013, a Florida appeals court ordered a new trial for Alexander.

Over 30 people attended the press conference afterwards, bringing together members of the Southern Movement Assembly, the New Jim Crow Movement, Sisterhood of Survivors from the Miami Workers Center, the Southern Christian Leadership Conference, the Freedom Road Socialist Organization, Dream Defenders, the Jacksonville Progressive Coalition, the New Black Panther Party, and Florida New Majority.

Speakers focused on domestic violence, the racist criminal justice system, the school-to-prison pipeline, and Florida’s mandatory minimum sentencing laws, which disproportionately affect African Americans and other oppressed nationalities.

Shay Brown talked about domestic violence and pointed out that the state of Florida does not take the safety of women seriously. As a domestic violence survivor and victims’ advocate, she pointed out that women and abuse survivors everywhere have an interest in seeing Alexander freed.
Other speakers denounced the racist criminal injustice system for incarcerating Alexander in the first place.

“They had the white robes of the KKK in the 60s,” said Minister Richard Burton of the Epiphany Baptist Church in Jacksonville. “And they have the black and blue robes inside the Duval County Courthouse today.”

Florida State Senator Dwight Bullard sent a staff member to read a letter expressing his support for Alexander and demanding her freedom. “I urge you to drop the charges on Marissa Alexander,” read Bullard’s letter, “and I urge you to drop the new trial.”

At the end of the press conference, chants broke out of “Free Marissa Now!” and “What do we want? Freedom for Marissa! When do we want it? Now!”

Protesters plan to rally at the courthouse for the November 8 bail hearing at 2:00pm and demand, “Free Marissa Now!”

Jacksonville, FL – Protesters from across Florida gathered in front of the Duval County Courthouse on October 31 for the first status hearing in the retrial of Marissa Alexander, the 33 year old African American mother who fired a warning shot to fend off her abusive husband.

The status hearing lasted just a few minutes as Judge James Daniel set November 8 as the date of Alexander’s bail hearing.

Although protesters tried to enter the courtroom to show support for Alexander, Jacksonville police locked them out. The group of protesters regrouped outside for a press conference, where they discussed future plans to win freedom for Alexander.

Alexander’s case drew national attention after the murder of Trayvon Martin and the not-guilty verdict in the trial of racist vigilante George Zimmerman, Martin’s killer. Prosecuted under Florida’s mandatory minimum sentencing laws, Alexander received a 20-year prison sentence for aggravated assault in 2012 despite only firing a shot in the air to defend herself from a domestic abuser. Zimmerman, on the other hand, received a not guilty verdict after murdering Martin, an African American youth. Protesters contrasted the cases to show the racist and sexist nature of the criminal injustice system.

The Zimmerman verdict brought new attention to Alexander’s case, launching nationwide protests demanding her release. The Southern Movement Assembly led a 126-mile walk from Jacksonville to Sanford in August demanding Alexander’s freedom and the resignation of State Attorney Angela Corey, who prosecuted her case. On September 26, 2013, a Florida appeals court ordered a new trial for Alexander.

Over 30 people attended the press conference afterwards, bringing together members of the Southern Movement Assembly, the New Jim Crow Movement, Sisterhood of Survivors from the Miami Workers Center, the Southern Christian Leadership Conference, the Freedom Road Socialist Organization, Dream Defenders, the Jacksonville Progressive Coalition, the New Black Panther Party, and Florida New Majority.

Speakers focused on domestic violence, the racist criminal justice system, the school-to-prison pipeline, and Florida’s mandatory minimum sentencing laws, which disproportionately affect African Americans and other oppressed nationalities.

Shay Brown talked about domestic violence and pointed out that the state of Florida does not take the safety of women seriously. As a domestic violence survivor and victims’ advocate, she pointed out that women and abuse survivors everywhere have an interest in seeing Alexander freed.
Other speakers denounced the racist criminal injustice system for incarcerating Alexander in the first place.

“They had the white robes of the KKK in the 60s,” said Minister Richard Burton of the Epiphany Baptist Church in Jacksonville. “And they have the black and blue robes inside the Duval County Courthouse today.”

Florida State Senator Dwight Bullard sent a staff member to read a letter expressing his support for Alexander and demanding her freedom. “I urge you to drop the charges on Marissa Alexander,” read Bullard’s letter, “and I urge you to drop the new trial.”

At the end of the press conference, chants broke out of “Free Marissa Now!” and “What do we want? Freedom for Marissa! When do we want it? Now!”

Protesters plan to rally at the courthouse for the November 8 bail hearing at 2:00pm and demand, “Free Marissa Now!”