Raided Anti-War Activists to Be in Federal Court With Motion to Unseal Secret Documents
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.
Lawyer quips to judge: Call me Capt. Justice
NASHVILLE, Tenn. (AP) - A
Tennessee defense attorney responded to a prosecutor's request to be
referred to as "general" and other titles with a request of his own:
Just call me "Captain Justice."
The suggestion came in response to a motion from Assistant District Attorney General Tammy Rettig in which she asked the judge in an aggravated burglary case to order the defense attorney not to refer to her as "the government."
According to the motion, "The State believes that such a reference is used in a derogatory way and is meant to make the State's attorneys seem oppressive and to inflame the jury."
As alternatives, Rettig asked that the judge order she be referred to at trial as "General Rettig, the Assistant District Attorney General, Mrs. Rettig, or simply the State of Tennessee."
"General" is a common title for state prosecutors in Tennessee.
In his response, defense attorney Drew Justice argued the motion should be dismissed.
Williamson County Circuit Court Judge Michael Binkley did dismiss the motion in a hearing last week.
If the judge had decided to grant the prosecutor's request, Justice wrote that he wanted the judge to grant him a military title of his own. He suggested "Captain Justice."
Arguing that "lawyer" and "defense attorney" are prejudicial, he also suggested that he be referred to at trial as "defender of the innocent" or "guardian of the realm."
And Justice argued the word "defendant" should be banned because it unfairly demeans and dehumanizes his client, Donald Powell.
"At trial, Mr. Powell hereby demands be addressed only by his full name, preceded by the title "Mister," Justice wrote. He also suggested the prosecutor could use the alternative title "that innocent man," since Powell is presumed innocent until proven guilty.
And he asked that the defense be referred to as "the resistance," concluding his response with, "WHEREFORE, Captain Justice, Guardian of the Realm and Leader of the Resistance, primarily asks that the Court deny the State's motion, as lacking legal basis."
Justice said of the ruling: "The judge basically said he didn't think the words 'the government' were derogatory."
Rettig did not immediately return a call requesting comment.
http://www.katu.com/news/weird/Lawyer-quips-to-judge-Call-me-Capt-Justice-230252861.html
The suggestion came in response to a motion from Assistant District Attorney General Tammy Rettig in which she asked the judge in an aggravated burglary case to order the defense attorney not to refer to her as "the government."
According to the motion, "The State believes that such a reference is used in a derogatory way and is meant to make the State's attorneys seem oppressive and to inflame the jury."
As alternatives, Rettig asked that the judge order she be referred to at trial as "General Rettig, the Assistant District Attorney General, Mrs. Rettig, or simply the State of Tennessee."
"General" is a common title for state prosecutors in Tennessee.
In his response, defense attorney Drew Justice argued the motion should be dismissed.
Williamson County Circuit Court Judge Michael Binkley did dismiss the motion in a hearing last week.
If the judge had decided to grant the prosecutor's request, Justice wrote that he wanted the judge to grant him a military title of his own. He suggested "Captain Justice."
Arguing that "lawyer" and "defense attorney" are prejudicial, he also suggested that he be referred to at trial as "defender of the innocent" or "guardian of the realm."
And Justice argued the word "defendant" should be banned because it unfairly demeans and dehumanizes his client, Donald Powell.
"At trial, Mr. Powell hereby demands be addressed only by his full name, preceded by the title "Mister," Justice wrote. He also suggested the prosecutor could use the alternative title "that innocent man," since Powell is presumed innocent until proven guilty.
And he asked that the defense be referred to as "the resistance," concluding his response with, "WHEREFORE, Captain Justice, Guardian of the Realm and Leader of the Resistance, primarily asks that the Court deny the State's motion, as lacking legal basis."
Justice said of the ruling: "The judge basically said he didn't think the words 'the government' were derogatory."
Rettig did not immediately return a call requesting comment.
http://www.katu.com/news/weird/Lawyer-quips-to-judge-Call-me-Capt-Justice-230252861.html
... to be continued ....
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