Subject: (abolition-usa) Request for Legal Information
Hello Friends,
Susi Snyder and myself, Reinard Knutsen, are scheduled to appear in Federal Court in Las Vegas on Wednesday, February 17, to face charges of:
Disturbance ( 41 CFR 101.20.305 Conduct on government property which created or obstructed the performance of Government operations.)
and Nonconformity (41 CFR 101.20.304 Nonconformity with direction during a demonstration.)
that resulted from our September 8th nonviolent lock down action at the Las Vegas Federal Building to bring attention to the U.S. subcritical nuclear weapons testing program. We have already had our pre-trial hearing where we plead not guilty to the charges and consolidated our separate cases into one.
This is our first time appearing in a Federal Court so we would appreciate any advice on what to expect.
We plan on arguing:
Technically we are not guilty of obstructing the Federal Building since our action did not block any access to the Federal Building and we had no criminal intent at the time.
That our action falls within our first amendment rights
Our Necessity defense follows that we were upholding Nevada State Law by trying to stop the further contamination of our groundwater by plutonium.
We were upholding international law
specifically,
International Covenant on Civil and Political Rights,
1996 ICJ ruling on illegality of preparations for nuclear war
1948 Nuremburg principles
1996 Comprehensive Test Ban Treaty
If any body has any advice it is greatly appreciated. It is unfortunate that we are involved in so many important projects at the moment that we can not spend a whole lot of time preparing for this case. But we do what we can.
Livermore Lab-designed Subcritical Nuclear Test "Clarinet" is a Sour Note
to Outraged Activists. Protest to be Held at Bechtel HQ in San Francisco,
Feb. 9 at Noon.
The US Department of Energy (DOE) has announced that another subcritical
nuclear test will be detonated at its Nevada Test Site (NTS) tomorrow,
February 9, 1999. Code named "Clarinet," and designed by weaponeers at the
Lawrence Livermore National Laboratory, this will be the sixth such
underground detonation at NTS since the start of the test series in 1997.
A subcritical nuclear test advances nuclear bomb design capabilities by
detonating high explosives along with fissile material, such as plutonium,
a man-made radioactive metal with a half-life of 24,000 years. Exotic
diagnostics record detailed data on the performance of the plutonium under
the test conditions. The test is called "subcritical" because it is set up
so the high explosives stop short of triggering a self-sustaining nuclear
chain reaction in the bomb material.
The DOE justifies these tests as necessary to maintain the "safety and
reliability" of the US nuclear arsenal. However, peace and environmental
groups such as Tri-Valley CAREs point out that the nuclear arsenal can be
properly maintained without such tests, and, further, that subcritical
nuclear tests contaminate the environment, risk public health and safety,
spur the proliferation of nuclear weapons, and undermine the ongoing
international ratification effort for the Comprehensive Test Ban Treaty
(CTBT), signed by President Clinton in 1996 and now awaiting Senate
ratification.
Russia has answered the US subcritical tests "tit for tat" by conducting
five of its own such tests, beginning late last year. Tri-Valley CAREs
sees this as an inevitable result of the US tests.
"Subcritical tests continue the US government's noncompliance with
international treaties, such as the nuclear Non-Proliferation Treaty and
the CTBT, which require us to end nuclear testing and, ultimately, to
eliminate our nuclear arsenal," stated Marylia Kelley, Executive Director
of Tri-Valley CAREs. "If we as a nation are unwilling to abide by the
letter and spirit of the treaties we sign, we lose all moral authority to
persuade other nations to forego nuclear weapons development and abide by
their part of the bargain", Kelley added.
Tri-Valley CAREs, along with allied groups, will hold a protest at noon on
February 9, at Bechtel Corporation's international headquarters, 50 Beale
St., San Francisco, 1 block south of Market St. Bechtel operates the
Nevada Test Site for the DOE.
"Bechtel's contract with the DOE is a perfect example of how the
"military-industrial complex" works," said Sally Light, Tri-Valley CAREs'
Nuclear Program Analyst. "Bechtel earns an enormous $1.5 billion over five
years to carry out the DOE's nuclear tests, endanger the land, air, and
water, not to mention the tribes and other people both in the surrounding
area and downwind of the NTS," Light stated.
For further information, please call Tri-Valley CAREs at (925) 443-7148
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------------------------------
Date: Mon, 08 Feb 1999 23:01:46 -0800
From: Shundahai Network <shundahai@shundahai.org>
Subject: (abolition-usa) 2/9 Actions to stop the subcritical nuclear tests
Hello Friends,
The U.S. Department of Energy (DOE) has announced plans to conduct a subcritical nuclear weapons test, code named "Clarinet" for Tuesday, February 9, 1999. The last Nevada Test Site radio transmission reported that everything was in place and they would be ready by 9am Tuesday. We believe that the Test will be conducted around 10am U.S. Pacific Standard Time. This test will take place on Western Shoshone land.
This will be the sixth subcritical nuclear test in the US since the beginning of the test series in 1997. Subcritical tests help fan the flames that continue the cold war mind set (Russia took up the "challenge" by detonating 5 subcriticals in 1998). These tests also threaten the international ratification of the Comprehensive Test Ban Treaty.
SUBCRITICAL TESTING MUST BE STOPPED!
Call President Clinton and demand that this nuclear insanity must stop right now! (202) 456-1111
Department of Energy Washington DC Headquarters (202) 586-5000
In Nevada, Tuesday, February 9th:
We will be having a Prayer Ceremony lead by Corbin Harney at the gates to the Nevada Test Site beginning at 9am. This is 60 miles north west of Las Vegas on Hwy 95 at the Mercury exit. A Nonviolent Direct Action will take place. Come early to join affinity group discussions.
A protest vigil will be held 4pm - 5pm at the Foley Federal Building, 300 S Las Vegas Blvd. Bring your signs, drums and remember, we need to gather in as many numbers as possible to carry off a spirited, noisy, yet nonviolent event. Tell your friends, family, neighbors to join us. Call (702) 647-3095 for more information.
In the Bay Area (San Francisco CA):
A demonstration will be held on Tuesday, February 9, to protest continuing nuclear weapons development by the US. Bechtel manages the Nevada Test Site where the detonation will take place. Where: Bechtel Corp. HQ, 50 Beale St., San Francisco, 1 block south of
Market St., near the Embarcadero BART station. When: Noon, Tuesday, Feb. 9, 1999 The test was designed by weaponeers at Livermore Lab and its parts transported to the test site. The demonstration will be conducted along nonviolent guidelines. A "risk arrest" is possible for those wishing to do one. Bring: Banners, signs, puppets, "rad" suits and whatever other creative props you desire. For more information about this event please call Tri-Valley CAREs
(Communities Against a Radioactive Environment) <<http://www.igc.org/tvc/> - is our web site, please visit us there! (925) 443-7148 - is our phone
There will also be demonstrations in Japan, etc.
If any one is able to organize solidarity vigils or events please let us know so that we can include it in our media work.