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Restriction of defence arguments in the trial of Catholic peace activists

Convicted Anti-Nuclear Activists Speak Out: “Pentagon Has Brainwashed People”   https://truthout.org/articles/convicted-anti-nuclear-activists-speak-out-pentagon-has-brainwashed-people/?eType=EmailBlastContent&eId=177551ee-b430-44b8-afe2-cbe78a6a6b09   Marjorie Cohn, Truthout, 28 Oct 19,
The seven Catholic peace activists who were convicted on October 24 for their symbolic protest against nuclear weapons at the Kings Bay Naval Base are now facing a two-to-three-month wait to hear their prison sentences. They could face more than 20 years in prison.
“Our own lives are uncertain regarding the possible length of prison sentences,” defendant Martha Hennessy told Truthout in an exclusive interview. “But we rejoice in the fact that more scrutiny is being directed at the purpose of the Kings Bay Naval Base in southern Georgia.”

The Kings Bay Naval Base is home to nuclear armed submarines with two dozen ballistic Trident D5 missiles, each of which is 30 times more powerful than the atomic bomb the United States dropped on Hiroshima in 1945. The seven peace activists — Martha Hennessy, Mark Colville, Clare Grady, Jesuit Fr. Stephen Kelly, Patrick O’Neill, Carmen Trotta and Elizabeth McAlister, who are collectively known as the Kings Bay Plowshares 7 — were convicted by a Georgia federal jury of conspiracy, destruction of property on a naval station, depredation of government property, and trespass after entering the base on April 4, 2018.
They came onto the base bearing hammers, baby bottles containing their own blood, crime scene tape, a copy of Daniel Ellsberg’s book, The Doomsday Machine: Confessions of a Nuclear War Planner, and an indictment that charged the U.S. government with crimes against peace. They cut a fence and entered the base without being detected. They used the hammers to deface a monument to the Trident, poured their blood and left a sign that read, “The Ultimate Logic of Trident is Omnicide.”  They went to three different sites on the base, including a storage bunker for nuclear weapons where they damaged statues and poured their blood on various structures.

“We understand the efficiency of the State is a formidable force, and we ourselves are not surprised with the guilty verdict on all counts,” Hennessy told Truthout. “In a time of withdrawing from nuclear treaties and promoting violence in foreign policy, we are left to wonder what the future may hold for the world.”

 

Facing a Jury Without Opinions on Nuclear Risks

The jury that convicted the Kings Bay Plowshares 7 activists was self-avowedly apathetic about the risks posed to humanity by nuclear weapons, and the judge and prosecution worked together to prevent the defendants from sharing information or arguments to raise jurors’ consciousness on the issue.

Sam Husseini, communications director at the Institute for Public Accuracy, a progressive nonprofit organization, attended the three-day trial. “It was a subtly but insidiously controlled courtroom with the judge and prosecution working hand in glove,” Husseini told Truthout. “The defendants were allowed to speak about their religious beliefs and to some degree how they relate to nuclear weapons. But it was all presented as subjective, and expert testimony on international law, and justification and necessity of urgent action were excluded.”  

 

The defendants, who said they were following the command of the biblical prophet Isaiah to “beat swords into plowshares,” were denied the right to present the defenses of necessity, which allows one to commit a crime in order to avoid a greater harm. They were also denied the right to discuss the Religious Freedom Restoration Act, which “ensures that interests in religious freedom are protected.” Thus, they were limited to their own testimony about their subjective motivations for their acts.

“Defendants were allowed to briefly discuss their moral objections to nuclear weapons but were cut off quickly. No outside evidence or testimony was allowed,” defense attorney Bill Quigley told Truthout.

Husseini added: “The manner that the judge allowed the case to be made did not make it clear that the house was indeed on fire — or even that there was a house. The reality of the nuclear weapons, the threat they pose, and certainly their illegality, were not objectively communicated” to the jury.
Speaking with Truthout in an exclusive email interview, defendant Patrick O’Neill shared an anecdote that further highlights the degree to which the jury reflected the widespread ignorance about nuclear risks that exists in the U.S. now.

“When Judge Lisa Wood asked the entire jury pool: ‘Do any of you have a strong opinion about nuclear weapons — pro or con, would you raise your hand?’ Of 73 people, not one raised a hand,” O’Neill told Truthout. “That is an indication that people living in the throes of the nuclear age, at 2 minutes to midnight on the Doomsday Clock, have come to see [weapons of mass destruction] as inconsequential — nuclear weapons on hair-trigger alert 24/7 is now a ‘normal’ part of people’s lives.”

O’Neill added, “The Pentagon has brainwashed people to just trust a government that is imperiling the earth and risking the end of life as we know. That’s why we went to Kings Bay — to hopefully wake people up.”

Refusal to Allow the Necessity Defense
If the judge had allowed the peace activists to raise a “necessity defense” — in other words, arguing that their actions were necessary to avoid the use of nuclear weapons — the jury could have come to a very different decision. There was abundant evidence to support a necessity defense.
In order to sustain the necessity defense, Quigley explained in his brief,the defendant must show four elements:(1) that she believed that she needed to choose between two evils and she chose the lesser evil. “Any use of nuclear weapons by definition cannot discriminate between civilian and military targets. Each of the many Trident nuclear missiles kept at Kings Bay contain many multiples of the destructive power used by the United States in Hiroshima and Nagasaki.”

(2) that she sincerely believed and reasonably acted to prevent imminent harm. The Bulletin of Atomic Scientists says the world is closer to nuclear devastation than ever before. President Trump repeatedly declared that “all options are on the table” and threatened North Korea with “fire and fury like the world has never seen.”

(3) that she reasonably believed her action could help to avoid that harm. “Only by symbolically disarming these nuclear weapons is there any hope for real disarmament.”

(4) that she reasonably believed there were no legal alternatives to breaking the law. “Defendants have each spoken, written, prayed, petitioned, and lobbied for nuclear disarmament and peace for decades. These actions are the only ones left which might make a difference.”

Quigley’s brief cited the 2018 Nuclear Posture Review, which would allow the United States to use nuclear weapons in response to a non-nuclear attack.   The Doomsday Clock, maintained by the Bulletin of Atomic Scientists, continues to stand at 2 minutes to midnight. The U.S. refuses to join the majority of the nations of the world in ratifying the Treaty on the Prohibition of Nuclear Weapons. Trump withdrew the U.S. from the Iran nuclear deal, and he may well pull out of the New START Treaty as well, “which would leave nuclear weapons free from all controls” Quigley wrote.

Ellsberg believes the defendants were “definitely entitled” to present the necessity defense. As he said in a statement to the Institute for Public Accuracy, “an action which would under other circumstances be illegal can be justified as legal by a reasonable belief that it is necessary to avert a much greater evil: in this case omnicide, the collateral murder of nearly every human on earth in a war in which the nuclear missiles aboard Trident submarines were launched.”
The judge found that the defendants could have protested nuclear weapons without illegally entering Kings Bay and could’ve used the political process to change nuclear policy. But, Quigley wrote in his motion to reconsider, “there are no facts at all in the record” to support the judge’s conclusions. In fact, the defense tried unsuccessfully to introduce evidence that defendants had tried to effect change through the political process “for decades without success.”
In a declaration filed with the court, Ellsberg wrote about the significance of civil disobedience:
[I]t was not until widespread campaigns of civil disobedience, affecting public awareness and conscience . . . relating to the women’s right to vote, civil rights, and the right to unionize that the electoral and legislative and legal processes began to function to extend and protect these rights in a way we now take for granted as fundamental to democracy.

Refusal to Allow Expert Testimony on Illegality of Nuclear Weapons“Tellingly,” Quigley wrote, “the Magistrate granted the Government the right to preclude the jury from hearing evidence about nuclear weapons without never once discussing or even acknowledging the uncontested lethality of nuclear weapons.”

Moreover, the judge denied the defense motion to present the expert testimony of Professor Francis Boyle about the illegality of nuclear weapons under both international and U.S. law.

“[T]hese defendants acted lawfully and reasonably to prevent egregious and fundamentally prohibited of all crimes, war crimes,” Boyle wrote in a declaration. He concluded that the defendants did not have the criminal intent required to convict them of the charged crimes.
But while the “Defendants’ subjective beliefs about the illegality of nuclear weapons may be relevant background information, whether nuclear weapons are actually illegal under international or domestic law (a doubtful proposition) is not relevant or an appropriate issue to litigate in this case,” Judge Lisa Godbey Wood wrote.

Refusal to Allow Religious Freedom Restoration Act DefenseThe judge also denied the defense motion to argue that the prosecution violated their rights to religious exercise protected by the Religious Freedom Restoration Act (RFRA). Although the judge concluded that the defendants had established the prima facie elements of a RFRA defense, the government demonstrated a compelling interest in prosecuting the defendants for their actions at Kings Bay, citing the safety of individuals on the base, the security of the assets there, and the smooth operation of the base.

The judge also denied the defense motion to argue that the prosecution violated their rights to religious exercise protected by the Religious Freedom Restoration Act (RFRA). Although the judge concluded that the defendants had established the prima facie elements of a RFRA defense, the government demonstrated a compelling interest in prosecuting the defendants for their actions at Kings Bay, citing the safety of individuals on the base, the security of the assets there, and the smooth operation of the base.

Reactions to the Verdict

The Kings Bay Plowshares 7 are asking people to sign a worldwide petition urgently requesting that the charges against them be dropped.

Peace activist and retired Col. Ann Wright summed up the irony of the prosecution of the Kings Bay Plowshares 7, writing on Facebook, “The US nuclear weapons are so poorly protected that the 7 were able to get into the more secure area! They should be rewarded for pointing out how poorly guarded the weapons are instead of being on trial!!!”

“I don’t see [what I did] that’s the crime,” defendant Liz McAlister said on Democracy Now! “I think the crime is the weapons. The crime is the money spent on the weapons. The crime is the money taken from the real needs in our country and in our world to spend it on these weapons of mass destruction. And we need to stop that. And that’s the message that I want to continue to stand behind.”

Meanwhile, defense attorney Quigley told Truthout that he thinks the verdict will “make convictions easier and defenses harder” in the future.

“If the jury would have heard the facts about the nuclear bombs headquartered at Kings Bay — with 3,800 times the destructive power of Hiroshima and the real possibility of ending all life on the planet — they would probably have come to a different decision about the legality of what these courageous people did,” he said.

Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, deputy secretary general of the International Association of Democratic Lawyers and a member of the advisory board of Veterans for Peace. Her most recent book is Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues.

October 29, 2019 Posted by Christina Macpherson | legal, opposition to nuclear, USA | Leave a comment

Jury finds Catholic anti nuclear activists guilty on all charges

Kings Bay Plowshares activists found guilty of all charges, https://www.ncronline.org/news/people/kings-bay-plowshares-activists-found-guilty-all-charges Oct 25, 2019, by Jesse Remedios  
BRUNSWICK, GEORGIA — A jury unanimously found seven Catholic activists guilty Oct. 24 of conspiracy, destruction of government property, depredation and trespassing for a 2018 anti-nuclear weapons protest at Kings Bay Naval Base in Georgia.The verdict, which came after a little more than two hours of deliberation, was the culmination of a four-day trial at the United States District Court for the Southern District of Georgia. The seven activists, who were tried together but received individual verdicts, were found guilty on all four charges brought against them and now face up to 20 years in prison.

The seven defendants, known together as the Kings Bay Plowshares 7, are Elizabeth McAlister, 79; Jesuit Fr. Stephen Kelly, 70; Martha Hennessy, 64; Patrick O’Neill, 63; Clare Grady, 60; Mark Colville, 58; and Carmen Trotta, 57. Five of the seven — all but Hennessy and McAlister — represented themselves.

Bill Quigley, who represented McAlister and is a law professor at Loyola University New Orleans, said in a statement outside the courthouse that it was an “honor to be with these seven brave, courageous, faithful people.”

“They have told the truth despite the cost. They have taken their actions despite the risks. And they still have more consequences to go in their efforts to try and save all of our lives, and the lives of all of our children and grandchildren, and the lives of everybody around the world,” Quigley said.

The group was arrested in the early morning hours of April 5, 2018, on Kings Bay Naval Base where they broke in to perform a non-violent protest known as a “plowshares action,” taking its name from a verse in the book of Isaiah that says “nations will beat swords into plowshares.” The protest included symbolically hammering on statues of nuclear missiles, pouring human blood around the base and hanging banners with messages denouncing nuclear weapons.

In August 2019, a federal judge denied the activists’ request to dismiss charges under the Religious Freedom Restoration Act

During the trial, O’Neill told the jury that a dramatic protest was necessary to alert the world to the dangers of nuclear weapons.

Evidence presented by the prosecution suggested the protestors did a total of around $30,000 worth of damage to government property.

Following the verdict, the defendants remained positive and continued to pronounce their message of peace as they gathered with friends and family at a press conference outside the courthouse. They thanked their supporters, told stories, sang hymns and even danced around the sidewalk to profess their continued belief in their mission.

“It’s been an incredible experience and it’s not over yet,” said Hennessy. “The efficiency of the state can never be underestimated yet we proceed in humility. The weapons are still there, the treaties are being knocked down one after the next, but we are called to keep trying and we will do this together. We have no other choice.”

Judge Lisa Godbey Wood, who tried the case, ruled Oct. 18 that the defendants would not be allowed to bring in expert witnesses to speak to the dangers of nuclear weapons or the motivations of the defendants.

owever, following the verdict, O’Neill expressed gratitude that he and his co-defendants were able to testify about their beliefs concerning the immorality of nuclear weapons.

“I think collectively we said what needed to be said,” O’Neill said.

With the exception of Kelly — who remains in custody for outstanding charges in another state — all defendants were allowed to leave the courthouse on bond while they await their sentencing hearing.

Multiple defendants, all of whom are white, connected their case to issues with the criminal justice system and mass incarceration.

“The Pentagon has many installations and we just walked out of one of them,” said Colville. “It’s a place where they weaponize the law and they wield it mostly against the poor. … Once in a while people of privilege like us get a taste of it, and when we do, we should hear the word ‘guilty’ as a blessing on us because it gives us an opportunity to stand with people who hear ‘guilty’ all the time, every day.”

After the verdict was announced, Wood told the defendants they have 14 days to file a motion for a new trial, acquittal or any other motion they see fit.

[Jesse Remedios is an NCR Bertelesen intern. His email address is jremedios@ncronline.org.]

October 28, 2019 Posted by Christina Macpherson | legal, opposition to nuclear, USA, weapons and war | Leave a comment

Seven Peace Activists Found Guilty of “Conspiracy” for Anti-Nuclear Protest

Seven Peace Activists Found Guilty of “Conspiracy” for Anti-Nuclear Protest, https://truthout.org/video/seven-peace-activists-found-guilty-of-conspiracy-for-anti-nuclear-protest/,  BY Amy Goodman, Democracy Now!, October 25, 2019  

In Georgia, a federal grand jury on Thursday found seven Catholic peace activists guilty on three felony counts and a misdemeanor charge for breaking into the Kings Bay Naval Submarine Base on April 4, 2018. The activists, known as the Kings Bay Plowshares 7, entered the base armed with hammers, crime scene tape, baby bottles containing their own blood, and an indictment charging the U.S. government with crimes against peace. The base is home to at least six nuclear ballistic missile submarines, each of which carries 20 Trident thermonuclear weapons.

 The activists said they were following the prophet Isaiah’s command to “beat swords into plowshares.” At this week’s trial, the defendants were barred from citing their religious motivations or from mounting a “necessity defense” saying that their lawbreaking was necessary to prevent the far greater crime of a nuclear war. The activists will be sentenced within the next 90 days. They face more than 20 years in prison.
This is Bill Quigley, attorney for the Kings Bay Plowshares 7, speaking just after Thursday’s “guilty” verdict.
Bill Quigley: As the jury was not allowed to hear, the submarines, nuclear weapons submarines, that are at Kings Bay have 3,800 times as much destructive power as the weapons that were used on Hiroshima, enough power to destroy life on Earth as we know it. After two years of prayer and action and practice, they came together and took action to go onto King’s Bay and preach the word — preach the word of love, preach the word of life, preach the word of peace, 
and they are paying a huge price for that as you all know.

AMY GOODMAN: The activists will be sentenced within the next 90 days. They face more than 20 years in prison. This is Plowshares activist Martha Hennessy.

Martha Hennessy: The weapons are still there. The treaties are being knocked down one after the next. But we are called to keep trying, and we will do this together and we have not other choice. Thank you so much.
AMY GOODMAN: Martha Hennessy is the granddaughter of Dorothy Day, the founder of the Catholic Worker Movement. To see our recent interview with legendary peace activist Liz McAlister, click here.

October 28, 2019 Posted by Christina Macpherson | Legal, opposition to nuclear, USA, weapons and war | Leave a comment

Protestors against Sizewell nuclear project get their message out, despite EDF’s blocking tactics

East Anglian Daily Times 27th Oct 2019, A protest planned to take place in Pillbox Field, Sizewell, on October 26, was thwarted when EDF arranged for metal barriers and security staff to occupy an access road to the site. Undaunted but remaining peaceful, the protest was moved to a new location, Sizewell beach car park, where the activists erected marquees and carried out their planned truth-tellingexercises and people’s assembly.

XR protestor Victoria Proctor said:
“There’s been lots and lots of groups in the past few years that have been
working so hard to bring attention to what’s being planned along the coast.
“We’re trying to get the truth out there for people so they realise what is
under threat.

https://www.eadt.co.uk/news/extinction-rebellion-xr-protest-edf-sizewell-1-6343148

October 28, 2019 Posted by Christina Macpherson | opposition to nuclear, UK | Leave a comment

20 sovereign nations in New Mexico and Texas oppose nuclear facility near Carlsbad

Native American Pueblo leaders oppose nuclear facility near Carlsbad, Hobbs,   https://www.oilandgas360.com/native-american-pueblo-leaders-oppose-nuclear-facility-near-carlsbad-hobbs-2/  in Press   by— 360 Feed Wire

Native American Pueblo leaders oppose nuclear facility near Carlsbad, Hobbs

Oct. 24– Oct. 24–A group of Native American leaders opposed a plan to temporarily store nuclear waste at proposed facilities in southeast New Mexico and West Texas before a permanent repository is available.

The All Pueblo Council of Governors, which represents 20 sovereign nations in New Mexico and Texas held a meeting on Thursday where members affirmed their opposition to the projects, read a Monday news release from the group.

Concerns with the transportation of spent nuclear fuel rods drove the group’s opposition to two proposed consolidated interim storage (CIS) sites, one near the border of Eddy and Lea counties in New Mexico and another in Andrews, Texas. Continue reading →

October 26, 2019 Posted by Christina Macpherson | indigenous issues, opposition to nuclear, USA, wastes | Leave a comment

Too small for the monstrosity’: Anti-nuclear campaigners to take Sizewell C opposition to public meeting

Too small for the monstrosity’: Anti-nuclear campaigners to take Sizewell C opposition to public meeting https://www.eadt.co.uk/news/nuclear-free-local-authorities-meeting-colchester-essex-october-2019-1-6341230

  • Andrew Papworth
  • andrew.papworth@archant.co.uk
  • @andrew_papworth  25 October 2019

Anti-nuclear campaigners are to voice their “real concern” over the planned building of new nuclear power stations – including at Sizewell C – during a public meeting.

EDF Energy has said that building new nuclear reactors across the country, including in Suffolk, is crucial to meeting the country’s future ends – with Sizewell B station director Paul Morton recently saying: “The lights won’t stay on without it.”

But that has caused controversy in Suffolk for years, with opponents questioning its environmental benefits while raising fears that building a massive new nuclear power station could have on the area of outstanding natural beauty at Sizewell.

The Nuclear Free Local Authorities (NFLA) English Forum is now holding a public meeting at the Firstsite Gallery in Colchester on Saturday, October 26 in association with groups such as Together Against Sizewell C (TASC).

NFLA steering committee chairman David Blackburn said it would allow “councillors and the concerned public to understand the real concerns in building new nuclear reactors”.

Pete Wilkinson, of Together Against Sizewell C, called the planned Suffolk location “an eroding coastal site, bequeathing future generations an inequitable and intolerable radioactive waste legacy”.

MORE: ‘It made me feel pretty sick’ – TV’s Bill Turnbull on hearing potential impacts of Sizewell C nuclear power station

He also said it was “a site too small for the monstrosity it is required to contain, hemmed in by precious areas of outstanding natural beauty in a remote, inaccessible and tranquil area”.

He added that Sizewell C would be “an unnecessary behemoth” that “electricity bill payers are being asked to subsidise”.

EDF Energy was approached for comment.

October 26, 2019 Posted by Christina Macpherson | opposition to nuclear, UK | Leave a comment

Kings Bay Plowshares 7 face criminal charges and long jail senetences

Taking Next Steps Toward Nuclear Abolition.  https://truthout.org/articles/taking-next-steps-toward-nuclear-abolition/, BY Kathy Kelly, Voices for Creative Nonviolence, October 21, 2019 My friend Marianne Goldscheider, who is 87, suffered a broken hip in July, 2018 and then, in June 2019, it happened again. When she broke her hip the first time, she was running, with her son, on a football field. After the second break, when she fell in her kitchen, she was in so much pain that she recalls her only desire as she was placed on a stretcher: “I just wanted ‘the right pill.’” Marianne says her Catholic friends, who live nearby in the New York Catholic Worker community, persuaded her not to give up. They’ve long admired her tenacity, and over the years many have learned from her history as a survivor of the Nazi regime who was forced to flee Germany. Recalling her entry to the United States, Marianne jokes she may have been one of the only displaced persons who arrived in the United States carrying her skis. Yet she also carried deep anxieties, the “angst,” she says, of her generation. She still wonders about German people in the military and the aristocracy who knew where Hitler was headed and, yet, didn’t try to stop him. “When and how,” she wonders, “do human beings get beyond all reasoning?”

Marianne is deeply disturbed by the extraordinary danger of maintaining nuclear weapons arsenals and believes such weapons threaten planetary survival. She worries that, similar to the 1930s, citizens of countries possessing nuclear weapons sleepwalk toward utter disaster.

On April 4, 2018, several of Marianne’s close friends from the New York Catholic Worker community became part of the Kings Bay Plowshares 7 by entering the U.S. Navy Nuclear Submarine base in King’s Bay, GA and performing a traditional Plowshares action. Guided by lines from Scripture urging people to “beat their swords into plowshares and their spears into pruning hooks,” they prayed, reflected and then symbolically disarmed the Trident nuclear submarine site. The Kings Bay is home port to six nuclear armed Trident ballistic missile submarines with the combined explosive power of over 1825 Hiroshima bombs. One of the banners they hung read “The Ultimate Logic of Trident is Omnicide.”

Referring to this sign, Daniel Ellsberg, who leaked the Pentagon Papers in 1971, said the banner “is exactly right.” In an October 18 endorsement, he called their actions “necessary to avert a much greater evil.”

In late September, the Catholic Bishops of Canada, alarmed over the increasing danger nuclear weapons pose, urged the Government of Canada to sign the Treaty on the Prohibition of Nuclear Weapons, adopted at the UN in 2017. The Canadian bishops issued their statement on September 26, the United Nations International Day for the Total Elimination of Nuclear Weapons. In it, they note the Vatican has already signed and ratified the Treaty. “The ashes of World War I and the centenary of its armistice,” wrote Pope Francis, “should teach us that future acts of aggression are not deterred by the law of fear, but rather by the power of calm reason that encourages dialogue and mutual understanding as a means of resolving differences.”

The seven defendants, in everyday life, practice nonviolence while serving people who are often the least cared for in our society. Like Marianne, I have known each defendant for close to four decades. They have risked their lives, safety and health in numerous actions of civil disobedience. When imprisoned, they write and speak of the cruel abuse of human beings and the racist, primitive nature of the United States prison-industrial complex. They’ve also chosen to visit or live in war zones, providing witness on behalf of people trapped under bombardment. They live simply, share resources and strive to help build a better world.

Nevertheless, beginning Monday, they will face serious criminal charges and potentially harsh sentences for their action at Kings Bay.

Marianne anxiously awaits their trial. “Why,” she asks, “isn’t there more coverage?”

One of the defendants, Rev. Steve Kelly, SJ, a Jesuit priest, referred to himself in a recent letter as “a tenuous voice in the wilderness.” He further explained that he is among the wilderness of the incarcerated, “two and a quarter million folks comprising the human warehouses in the empire.” Steve has been imprisoned in the Glynn County jail since April 4, 2018.

His letter continues:

And your presence today clearly demonstrates that while you can jail the resisters you cannot destroy the resistance. In this advent of our trial, we have a blue-ribbon legal team to whom I’m sure you’ll show your own gratitude.

This trial and the preliminary process represents the second phase of our witness. It is the Kings Bay Plowshares’ attempt to continue with what began in nonviolence — and hopefully without arrogance — to convert the judiciary according to Prophet Isaiah 2:4. As these judges historically legitimize the nuclear idols, we anticipate the government’s presentation of and the judge’s likely approval of motions preventing the jury from hearing our defense. The mechanism is an in limine — you’ll hear more about that if you don’t know already, but essentially it is, in the words of the late Phil Berrigan, a gag order.

Late in the afternoon of October 18, Judge Woods issued her long-awaited orders regarding testimony allowed in court. She will not allow testimony about the illegality of nuclear weapons, the necessity of civil disobedience, or individual motivations and personal faith. Fortunately, the many dozens of people filling the Brunswick, GA courtroom on October 21 will help communicate the essential evidence that won’t be shared within the court. In alternative settings, such as over meals, during a Festival of Hope, and as part of a Citizens Tribunal, they’ll discuss and eventually share reasons that motivated our friends to perform the Kings Bay Plowshares 7 action.

A recent op-ed in The New York Times suggests the Kings Bay Plowshares 7 message is entering public discourse. The defendants have clarified that the U.S. nuclear weapon arsenal robs resources desperately needed for food, shelter, health care and education. The New York Times notes if we could reach a total nuclear weapons ban, we could save roughly $43 billion each year on weapons, delivery systems and upgrades. “That’s roughly the same amount we’ve allocated in federal hurricane aid for Puerto Rico.”

Marianne laments the way in which nuclear weapons are revered as a modern idol deserving of great sacrifice. She is rightfully wary of social and cultural developments that consider such reverence normal.

She and I commiserate about recovering from hip fractures, (I’ve been on the mend for the past month), but we both know that Steve Kelly’s invitation deserves our greatest attention.

Tiny postcards are the only means of correspondence allowed to or from the Glynn County jail. On one of these, Steve wrote a message to a large gathering in New York celebrating the Kings Bay Plowshares 7 action. “I am encouraged by your presence,” he wrote, “to ask that this small effort of ours not be the last word in nuclear abolition.”

October 22, 2019 Posted by Christina Macpherson | legal, opposition to nuclear, USA | 2 Comments

Facing a nasty pro nuclear campaign, Ohio’s anti nuclear group hope for a federal court decision to delay nuclear bailout

Anti-nuclear bailout group fails to make deadline for referendum https://www.cincinnati.com/story/news/politics/elections/2019/10/21/anti-nuclear-bailout-effort-miss-deadline-submit-signatures/4052255002/ Jessie Balmert, Cincinnati Enquirer  Oct. 21, 2019  COLUMBUS – Opponents of Ohio’s $1 billion bailout of two nuclear plants say they didn’t gather enough signatures to block the law by the Monday deadline.

Their only hope: a federal court decision that could give them more time to collect signatures.

Ohioans Against Corporate Bailouts spokesman Gene Pierce wouldn’t say how many signatures the group collected, but it wasn’t enough to put the issue before voters in November 2020.

Ballot groups often collect more than the required number in anticipation of some being tossed out because of duplicates, illegible signatures and other problems.

That means House Bill 6 will take effect at midnight. The law imposes a new fee of 85 cents per month for residential customers on Ohioans’ electric bills starting in 2021.

Those fees are expected to raise about $150 million a year for FirstEnergy Solutions’ plants – money the company says it needs to keep the doors open. Another $20 million from those fees will pay for solar energy companies.

Ohio lawmakers say the legislation will save customers money by cutting assistance for renewable energy and energy efficiency efforts.

The runup to Monday’s deadline has been one of the nastiest campaigns in recent Ohio history. The nuclear plants’ owner, FirstEnergy Solutions, and its allies deployed a variety of tactics to block the referendum from making the ballot ranging from anti-Chinese advertisements to petition signature blockers.

“Nuclear bailout supporters of House Bill 6 have stooped to unprecedented and deceitful depths to stop Ohioans from exercising their constitutional rights to put a bailout question on the ballot for voters to decide,” Pierce said in a news release.

Ohioans Against Corporate Bailouts had to submit at least 265,774 valid signatures from at least 44 of Ohio’s 88 counties to put the bill to a vote next year. The group failed to submit those signatures by Monday’s deadline.

The group has asked a federal court judge for more time to collect signatures because initial steps in the process, such as collecting 1,000 valid signatures and having ballot language approved as accurate, ate into its 90-day window.

A hearing on that request is set for Tuesday afternoon. U.S. District Court Judge Edmund Sargus will make a decision after hearing arguments from both sides.

On Monday, Ohioans for Energy Security submitted signatures to Rep. Jamie Callender, R-Concord Township, calling for a ban on foreign control of the state’s energy grid. Callender said he hopes to put that issue before voters.

“That’s kind of scary that someone who didn’t like America, who didn’t like our way of life could cause a lot of damage and a lot of havoc by randomly shutting down a plant that they had controlling interest in,” Callender said. “It could bring the grid down.”

The operators of Ohio’s electric grid say they are “vigilant” about the grid’s security. The federal government can block projects if foreign investment poses a national security risk.

For example, President Trump has halted two foreign acquisitions, citing national security concerns, since 2017: Lattice Semiconductor Corporation by a Chinese investment firm and telecom company Qualcomm by Singapore-based Broadcom.

Columbus bureau chief Jackie Borchardt contributed reporting.

October 22, 2019 Posted by Christina Macpherson | legal, opposition to nuclear, USA | Leave a comment

Determined opposition to nuclear expansion in India’s iconic tiger reserve

Karnataka activists may approach court to oppose Kaiga nuclear plant expansion

Earlier, a Tata Memorial Trust report had said the nuclear plant, was responsible for increasing cancer cases in the region. The News Minute, Soumya Chatterjee, Saturday, October 19, 2019  Environmental activists are determined to oppose the expansion of the Kaiga Atomic Power Station in the buffer zone of the Kali Tiger Reserve in Uttara Kannada district of Karnataka. Currently, the plant has four units. The  Nuclear Power Corporation Ltd. has proposed a fifth and a sixth unit, the proposal for which has cleared all environmental regulatory hurdles from both the state and union governments recently.

Activists argue that expanding the Kaiga plant will result in the loss of 54 hectares of pristine forests in the fragile Western Ghats near the Kali Tiger Reserve. They also question the practicality of setting up more nuclear power plant units or replacing it with other safer and cheaper power generating options like solar and wind energy.

Incidentally, the Karnataka High Court also recently ordered an interim stay on further felling of trees by the National Highway Authority of India for the expansion of NH4A (Belagavi-Goa), after it learnt that the authorities had violated the Forest Protection Act. Encouraged by this, activists opposing the new units in the Kaiga plant are planning to approach the court, if other means of protest do not work.

A threat to eco-sensitive area

“When the whole world is shifting away from nuclear power and looking for eco-friendly sources like solar and water, why do we want to create problems like Fukushima (Japan) with already four dams created in the upper course of the Kali river? Why do we want to destruct forests further when climate change is already impacting us?” asks Joseph Hoover, a former member of State Wildlife Board and founder of United Conservation Movement.

“It is not necessary as the state is power surplus and will primarily help other states. There is also the issue of increased cancer cases in the area because of the plant,” he added.

A Tata Memorial Centre report in 2010 had said there was a spurt in cases of cancer over the past two decades in Kaiga. Experts insist that this is because of radioactive pollution caused by the nuclear power plant.

Advocate Prince Isaac, who represented the United Conservation Movement, which was one of the petitioners in the NH4A case, said, “This area is classified as eco-sensitive area-1, according to a specific order from November 2013 under Section 5 of the Environmental Protection Act by the Union Ministry of Forest, Environment and Climate Change. By the same order, no developmental work (construction involving space more than 20,000 sq metres) can take place in this zone.”

Pointing out that the government is breaking its own law, he added,  “Other than this, for projects in sensitive areas, there is a legal mandate to carry a biological impact assessment as there are rare species that are endemic to the area. That has not been undertaken here.”…… https://www.thenewsminute.com/article/karnataka-activists-may-approach-court-oppose-kaiga-nuclear-plant-expansion-110831

October 21, 2019 Posted by Christina Macpherson | India, opposition to nuclear | Leave a comment

Anti nuclear activism revival in Washington

Fear of a new nuclear arms race revives hotbed of anti-nuclear action, President Trump’s plans for escalation kick off a new chapter in Washington’s long history with nuclear proliferation and resistance. CrossCut, by Kevin Knodell. October 18, 2019, As worries of nuclear war resurface and new concerns about the health impacts of America’s atomic arsenal emerge, Washington state’s long-lived but largely dormant anti-nuclear movement is again raising its voice.

President Donald Trump has made a show of withdrawing from landmark nuclear arms treaties while pushing a $1.7 trillion plan to replace America’s entire nuclear arsenal, even as North Korea has made progress toward a long-range atomic weapon. Those developments and violence around the globe have rekindled anti-nuke activism in the Northwest.

On Sept. 29, Washington Physicians for Social Responsibility held a town hall on Washington’s history with nuclear weapons that brought together anti-war, environmental and Indigenous rights activists. Activists marched on the Federal Building in Seattle the following day to protest Trump’s nuclear policies.

“We’re a little more alarmed than in the past, so we’re working hard to affect Congress and also working to build a movement of people,” said Dr. Joe Berkson with Washington Physicians for Social Responsibility. “The issue is the new nuclear arms race. There’s an expansion, the current administration wants to expand into new nuclear weapons and redo the whole nuclear weapons arsenal for a large amount of money, and we are opposed to that.”

On Sept. 29, Washington Physicians for Social Responsibility held a town hall on Washington’s history with nuclear weapons that brought together anti-war, environmental and Indigenous rights activists. Activists marched on the Federal Building in Seattle the following day to protest Trump’s nuclear policies.

“We’re a little more alarmed than in the past, so we’re working hard to affect Congress and also working to build a movement of people,” said Dr. Joe Berkson with Washington Physicians for Social Responsibility. “The issue is the new nuclear arms race. There’s an expansion, the current administration wants to expand into new nuclear weapons and redo the whole nuclear weapons arsenal for a large amount of money, and we are opposed to that.”

Berkson and others hope to draw on that history to broaden the conversation about nuclear weapons from the abstract fears of nuclear war to the tangible impacts the weapons have had on communities and on the environment. Activists hope to give new life to anti-nuclear activism in Washington.

“We’ve focused a lot of times on the environmental issues but now we’re really looking to hit home with the health issues,” said Twa-le Abrahamson of the Spokane Tribe.

Spokane and Yakama people have dealt with the radioactive contamination from Hanford that has poisoned their lands and, activists say, caused health problems for tribal members living on their reservations.

Abrahamson noted Trump administration has made deep cuts to cleanup efforts at Hanford and moved to roll back regulations on nuclear waste handling.

“We get some impacts on the daily. And our water has been contaminated forever, so forever we’ll have transportation of that waste,” she said. “Nobody talks about that. They want to act like that’s a history, but we have that going through our communities.”

For years, anti-nuclear activists have continuously protested against the U.S. Navy’s ballistic missile submarines stationed at Naval Base Kitsap-Bangor, which some nuclear weapons watchdogs believe houses 1,300 nuclear warheads. Berkson claimed the base, located near Hood Canal, is home to about one-third of America’s nuclear arsenal and is the third-largest cache of nuclear weapons in the world.

But the actual numbers — and locations — of America’s nuclear weapons are hard to nail down.

“It is U.S. government policy that we can neither confirm nor deny the presence or absence of nuclear weapons at any general or specific location” said Sheila Murray, a spokesperson for Navy Region Northwest, noting that for safety and security the information is tightly guarded.

Activists argue that those weapons and other large military facilities make Western Washington an attractive target for strikes by rival nuclear powers. As Trump and North Korean dictator Kim Jong Un traded insults, some Seattleites worried that the city would be in Kim’s crosshairs.

New fears of nuclear conflict have spurred a wave of activism among younger Americans. Jeanelle Sales, a University of Washington student with the campus chapter of Beyond the Bomb, became active after a nuclear false alarm in her home state of Hawaii. The thought that her friends and family could have been caught in the blast terrified her. “It was a major wake up call for me,” she said.

Among the activists’ concerns is the Trump administration’s keen interest in tactical or “low yield” nuclear warheads that are easier to deploy and which produce smaller explosions. The fear among activists is that these weapons could make a nuclear strike much more likely……https://crosscut.com/2019/10/fear-new-nuclear-arms-race-revives-hotbed-anti-nuclear-action

 

October 19, 2019 Posted by Christina Macpherson | opposition to nuclear, USA | Leave a comment

Continued strong public opposition to nuclear power in India

The Biggest Hurdle In India’s Nuclear Energy Push Oil Price.com By Ag Metal Miner – Oct 05, 2019,  Nuclear energy is, for now, playing a minuscule role in India’s energy story, contributing to about 2 percent of the country’s electricity needs.  ndia is looking at adding another 5.4 GW to the nuclear power plants in the next decade, adding to the current total output of 6.7 GW.But new nuclear plants have been opposed by the local populace in almost every part of the country where they have been proposed to be set up.

Now, an in-principle approval given by the Indian government to initiate exploratory mining for more uranium across the two southern provinces of Andhra Pradesh and Telangana has locals up in arms.

The location also includes a nature reserve not only rich in flora and fauna, but also with a large tiger population. The technical go-ahead was given a few months back for Uranium Corporation of India Limited (UCIL) to begin exploration for uranium, but an earlier protest led to a temporary pause in the process.

Andhra Pradesh is the largest producer of uranium in India. Tummalapalle village, located in the Kadapa district of Andhra Pradesh, is considered to have one of the largest uranium reserves in the world.

Next to the mine there is a processing plant that converts the uranium ore into sodium diuranate for use in nuclear power plants. Over the years, local farmers and environmentalists have alleged that it had led to the contamination of soil and groundwater, in addition to the destruction of water bodies.

A rethink by the government to go ahead with the fresh exploration has once again raised the hackles of environmentalists in India, who argue that whatever the procedure used to extract uranium, the wholesale mining for uranium would produce large amounts of radioactive waste that would pollute a major river nearby (as well as the surrounding areas).

They claim even if the waste is treated before disposal, uranium mining can still lead to the contamination of water and soil, eventually harming the flora and fauna of the region.

Officials of the Atomic Minerals Directorate tried to take samples after drilling a bore well for exploration and research, but were prevented by villagers, according to the News Minute.

The villagers have also been joined by opposition parties in the protests.

India’s nuclear plants are controlled by Nuclear Power Corporation of India (NPCIL), a state-owned corporation. India currently has seven nuclear power plants, but there are plans to add more.

But toward that goal, the government faces an uphill task………. https://oilprice.com/Alternative-Energy/Nuclear-Power/The-Biggest-Hurdle-In-Indias-Nuclear-Energy-Push.html

October 12, 2019 Posted by Christina Macpherson | India, opposition to nuclear | Leave a comment

A-bomb survivor Toshiki Fujimori urges nuclear haves and have-nots to join hands on abolition  

https://www.japantimes.co.jp/news/2019/10/11/national/atomic-bomb-toshiki-fujimori-nuclear-haves-have-nots/#.XaDl-0YzbIUJIJI  NEW YORK – Hibakusha Toshiki Fujimori called for nuclear states and non-nuclear states to cooperate on abolishing atomic weapons as a meeting on the subject was held at U.N. headquarters in New York on Thursday.

Fujimori, 75, assistant secretary-general at the Japan Confederation of A- and H-Bomb Sufferers Organizations (Nihon Hidankyo), urged both sides to join forces to bring about a peaceful world.

Fujimori was exposed to radiation from the atomic bomb dropped on Hiroshima on Aug. 6, 1945, while his mother was carrying him on her back to a hospital. After the bombing, six of his 12 family members died, Fujimori said.

Three days after, the second U.S. atomic bomb devastated Nagasaki.

NEW YORK – Hibakusha Toshiki Fujimori called for nuclear states and non-nuclear states to cooperate on abolishing atomic weapons as a meeting on the subject was held at U.N. headquarters in New York on Thursday.

Fujimori, 75, assistant secretary-general at the Japan Confederation of A- and H-Bomb Sufferers Organizations (Nihon Hidankyo), urged both sides to join forces to bring about a peaceful world.

Fujimori was exposed to radiation from the atomic bomb dropped on Hiroshima on Aug. 6, 1945, while his mother was carrying him on her back to a hospital. After the bombing, six of his 12 family members died, Fujimori said.

Three days after, the second U.S. atomic bomb devastated Nagasaki.

October 12, 2019 Posted by Christina Macpherson | Japan, opposition to nuclear, weapons and war | Leave a comment

In Australia, millions unite in 40 organisations to say NO to nuclear power

Broad coalition representing millions of Australians opposes nuclear power,   https://www.sbs.com.au/news/broad-coalition-representing-millions-of-australians-opposes-nuclear-power  17 Sept 19, Some 40 groups have drawn up a statement calling on the federal government to embrace renewable energy rather than going down the path of nuclear.

More than 40 groups representing millions of Australians have come together to issue a clear message to the federal government that the nation’s energy future is renewable, “not radioactive”.

However, the mining industry is calling for the ban on nuclear energy to be lifted.

The coalition of groups has submitted a shared statement in response to the federal parliamentary inquiry into the prospects for nuclear power in Australia.

“The groups maintain nuclear power has no role in Australia’s energy future and is a dangerous distraction from real progress on our pressing energy and climate challenges and opportunities facing Australia,” the Australian Conversation Foundation said.

“[We call] for the federal parliament to embrace renewable energy as the cleanest, quickest, cheapest and most credible way to power Australian homes and workplaces, and re-power regional communities and the national economy.”

The ACF is joined by a broad coalition of faith, union, environmental, aboriginal and public health groups.

These include the ACTU, state and territory trade unions and councils, the Public Health Association of Australia, Uniting and Catholic church organisations, the Smart Energy Council, the Aboriginal-led Australian Nuclear Free Alliance, climate action groups and Greenpeace Australia Pacific.

Their statement raises concerns over the long-life of nuclear waste, the volume of water needed to cool a nuclear reactor, the time needed to build a reactor, the high cost of a plant, security and safety.

However, in its own submission, the Minerals Council of Australia called on the legislated ban on nuclear to be lifted and uranium mining to be mainstreamed with other minerals.

Council chief executive Tania Constable said nuclear energy should be considered as part of the energy mix if Australia is to retain its strong industrial sector with high-paying long-term jobs.

It will also encourage investment and maintain system and price stability through a stable and reliable electricity market while significantly cutting greenhouse gas emissions.

“Australia has lost its comparative advantage in energy,” Ms Constable said in a statement. “Rising prices and falling reliability are forcing businesses to invest overseas instead of Australia.”

September 17, 2019 Posted by Christina Macpherson | AUSTRALIA, opposition to nuclear, politics | Leave a comment

Opposition in Suffolk to Sizewell nuclear plan, which hugely threatens wildlife

ITV 15th Sept 2019, RSPB hosts new festival in response to EDF’s plans to build nuclear reactor
at the edges of a nature reserve. A thousand people attended a festival
today organised by the RSPB in response to EDF’s plans to build a nuclear
reactor in Suffolk. Sizewell C will be built on the boundary of the
Minsmere Nature Reserve which is home to more than five and a half thousand
species of wildlife.

The RSPB manages the site and opposes the energy
giants plans. They say building the reactor so close to the nature reserve
could threaten the thousands of different species of wildlife that call
Minsmere home. EDF say that the environmental impact of the new site would
be kept to a minimum, and argue that new jobs for local people will be
provided.

Among the visitors supporting the festival today (Sunday,
September 15) was television presenter, Bill Turnbull, who lives nearby. He
said: There’s no infrastructure or communications for it here. What is
here, is Minsmere – where the RSPB have been trying really hard to get all
these birds to come back. And we are going to risk it all just simply
because it’s a convenient place to build a power station.” The public
consultation into EDF’s proposal for Sizewell C will end on September 27.

https://www.itv.com/news/anglia/2019-09-15/rspb-hosts-new-festival-in-response-to-edf-s-plans-to-build-nuclear-reactor-at-the-edges-of-a-nature-reserve/

September 17, 2019 Posted by Christina Macpherson | environment, opposition to nuclear, UK | Leave a comment

Strong drumbeat of opposition to Yucca Mountain nuclear dump continues

  Beyond Nuclear 
As reported by the Las Vegas Sun, a coalition of Nevadans — from Western Shoshone Indians, to environmentalists, to local, state, and federal officials — have come together yet again to express their adamant opposition to the scheme to dump 70,000 metric tons or more of highly radioactive wastes at Yucca Mountain, Nevada. This continues 32 years of resistance, ever since the 1987 “Screw Nevada” amendments to the Nuclear Waste Policy Act of 1982 singled out Western Shoshone land as the only site in the country to be further considered for an irradiated nuclear fuel and high-level radioactive waste permanent geological repository. In that time, more than a thousand environmental, and environmental justice, organizations have fought the dump at every twist and turn (see 750 of them listed here). Native Community Action Council secretary Ian Zabarte has achieved hard won, official intervening party status in the U.S. Nuclear Regulatory Commission Yucca dump licensing proceeding, in his effort to defend Western Shoshone treaty rights. (The photo shows NCAC’s Zabarte at right, and Beyond Nuclear’s Kevin Kamps at left, on the National Mall in Washington, D.C., during a youth climate rally in 2018.)
As the Nevada Current reported about the recent forum, calls are growing for Democratic candidates for president to be bold and clear in their opposition to the Yucca dump. Nevada has the first Western presidential campaign caucus, coming just after the earliest contests in Iowa, New Hampshire, and South Carolina. The Current reports: “At least five current Democratic presidential candidates — Bernie Sanders, Elizabeth Warren, Cory Booker, Amy Klobuchar, and [Kamala] Harris — have signed on to [U.S.] Sen. Catherine Cortez Masto’s [Democrat-Nevada] bill to force the federal government to request Nevada’s consent before storing nuclear waste at Yucca Mountain. Julian Castro, Beto O’Rourke, and Pete Buttigieg have also expressed their opposition to the federal government’s proposal, while Andrew Yang has said he supports it.” The Trump administration is seeking to restart the Yucca Mountain dump project, which the Obama administration wisely cancelled as “unworkable” in 2010 (not to mention scientifically unsuitable, environmentally unjust, non-consent based, inter-generationally unjust, regionally inequitable, etc.!)

September 14, 2019 Posted by Christina Macpherson | opposition to nuclear, USA, wastes | Leave a comment

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