boutons_deux
06-19-2014, 09:32 PM
A federal district court judge in the state of Washington has dismissed a major lawsuit challenging alleged domestic military spying against antiwar activists. He made the choice not to do his job, admitted to lawyers representing activists that he had not reviewed all the evidence and issued a decision that could seriously jeopardize the ability of citizens to dissent in American society if it is allowed to stand.
The lawsuit is known as Panagacos v. Towery. It accused the United States Army of directing John Jacob Towery, who worked for the US Army Force Protection Division at Fort Lewis, to infiltrate a group called the Port Militarization Resistance (PMR) in Olympia and Tacoma in Washington. It also accused the cities of Olympia and Tacoma of coordinating with the Army to violate the First and Fourth Amendment rights of activists.
PMR organized demonstrations from 2006 to 2009 and engaged in nonviolent civil disobedience with intention of preventing the shipment of Stryker vehicles or other military cargo to Iraq.
The defendants—military and law enforcement officials—sought summary judgment, which means they believed there were no facts in dispute in the case and the law was on their side. Judge Ronald B. Leighton, who was appointed by President George W. Bush to the US District Court of the Western District of Washington, decided in favor of them. "heckuva job, dubya!"
National Lawyers Guild attorney Larry Hildes, who represents multiple activists who were targets of alleged military spying, was livid and immediately indicated that this decision by should be reversible on appeal.
“He’s got to review all the evidence presented,” Hildes said. The judge admitted he didn’t with our evidence, however, he quoted from the government’s arguments. He is “supposed to view the evidence in the light most favorable to us,” he added.
The mere fact that the activists had engaged in civil disobedience, whether nonviolent or not, was enough to convince the judge that it was acceptable for the government to spy on the activists however they wanted, for as long as they wanted, regardless of any Defense Department regulations or constitutional law.
“I’m really concerned about where this leaves the Constitution,” Hildes confessed. “This ruling potentially does so much utter damage to what’s left of the First and Fourth Amendments and what’s left on the restrictions of what the military can do that we don’t have a choice but to appeal.”
http://dissenter.firedoglake.com/2014/06/19/judge-dismisses-major-lawsuit-against-alleged-domestic-military-spying-on-antiwar-activists/
The lawsuit is known as Panagacos v. Towery. It accused the United States Army of directing John Jacob Towery, who worked for the US Army Force Protection Division at Fort Lewis, to infiltrate a group called the Port Militarization Resistance (PMR) in Olympia and Tacoma in Washington. It also accused the cities of Olympia and Tacoma of coordinating with the Army to violate the First and Fourth Amendment rights of activists.
PMR organized demonstrations from 2006 to 2009 and engaged in nonviolent civil disobedience with intention of preventing the shipment of Stryker vehicles or other military cargo to Iraq.
The defendants—military and law enforcement officials—sought summary judgment, which means they believed there were no facts in dispute in the case and the law was on their side. Judge Ronald B. Leighton, who was appointed by President George W. Bush to the US District Court of the Western District of Washington, decided in favor of them. "heckuva job, dubya!"
National Lawyers Guild attorney Larry Hildes, who represents multiple activists who were targets of alleged military spying, was livid and immediately indicated that this decision by should be reversible on appeal.
“He’s got to review all the evidence presented,” Hildes said. The judge admitted he didn’t with our evidence, however, he quoted from the government’s arguments. He is “supposed to view the evidence in the light most favorable to us,” he added.
The mere fact that the activists had engaged in civil disobedience, whether nonviolent or not, was enough to convince the judge that it was acceptable for the government to spy on the activists however they wanted, for as long as they wanted, regardless of any Defense Department regulations or constitutional law.
“I’m really concerned about where this leaves the Constitution,” Hildes confessed. “This ruling potentially does so much utter damage to what’s left of the First and Fourth Amendments and what’s left on the restrictions of what the military can do that we don’t have a choice but to appeal.”
http://dissenter.firedoglake.com/2014/06/19/judge-dismisses-major-lawsuit-against-alleged-domestic-military-spying-on-antiwar-activists/