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Old 10-02-04, 11:47 AM   #2
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Join Date: Apr 2002
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http://desmoinesregister.com/news/st.../23493867.html

Federal officials Monday said a grand jury inquiry involving four peace activists and Drake University is not part of an anti-terrorism investigation.

U.S. Attorney Stephen Patrick O'Meara said late Monday that the investigation focuses on unlawful entry onto military property at Camp Dodge on Nov. 16, and whether plans were laid for that at a conference the day before at Drake.

Suggestions that the investigation is related to the Patriot Act "are not accurate," O'Meara said.

O'Meara's statement and comments from the FBI broke nearly a week of silence from federal officials, who also slowed the investigation Monday, postponing grand jury testimony that had been scheduled for today.

FBI spokesman Jeff Tarpinian in Omaha also denied the investigation was part of a terror probe, and said federal officials might look into whether Polk County Sheriff's Deputy Jeff Warford identified himself inappropriately in delivering the subpoenas.

Last week, Warford served grand jury subpoenas on the peace activists and Drake officials.

Warford left behind at least two business cards identifying himself as a member of an FBI-Joint Terrorism Task Force - alarming those subpoenaed as well as other peace activists.

"There is no connection in this case with his duties - as far as being part of that task force - and this grand jury investigation," Tarpinian said.

Chief Sheriff's Deputy Bill Vaughn defended the longtime deputy, stressing that Warford never intended to intimidate anyone. "I think people's minds are racing just because of Jeff's business card," Vaughn said.

O'Meara, the U.S. attorney based in Des Moines, said the investigation focuses on an incident Nov. 16 when protesters trespassed at Camp Dodge, and not a demonstration about the same time at Iowa National Guard headquarters, which is publicly accessible.

Authorities are looking at possible criminal violations on Nov. 16 or "prior agreements to violate federal law." Twelve activists were arrested Nov. 16, most for trespassing. A Grinnell College librarian also was charged with assault after she allegedly kicked a sheriff's deputy during her arrest.

On Nov. 15, the four activists subpoenaed were among those at an anti-war conference at Drake.

Federal authorities last week ordered the university to turn over campus security records reflecting any observations of the conference, including "any records of persons in charge or control of the meeting and any records of attendees of the meeting."

That subpoena also requires the university to hand over membership information for the conference's host, the Drake chapter of the National Lawyers Guild.

The investigation has alarmed peace activists in Iowa and around the country, who question whether the federal government is trying to silence dissent.

"We're very alarmed," said Bill Dobbs, spokesman for United for Peace and Justice, a coalition of roughly 600 anti-war groups. "I sure hope those subpoenas are quashed, and I hope there's an investigation into just how this happened."

O'Meara said his office does not prosecute people who are peacefully and lawfully engaged in rallies.

"The United States attorney emphasizes that the investigation regarding any attempted breach of the security fence at the Iowa National Guard Base is dangerous both to the person or persons attempting to breach the security fence, as well as a legitimately perceived danger to the base itself," he said.

Earlier Monday, O'Meara's office postponed court appearances for the four activists. They had been scheduled to appear before a grand jury today. All now have been told to appear on March 9.

"They've informed my attorney that this is a scheduling conflict," said Brian Terrell, who was subpoenaed along with Elton Davis, Patti McKee and Wendy Vasquez. "But of course what are they going to say? They're not going to publicize it if they're retreating, if that's what they're doing."

Lawyers say the government also has decided to move more slowly on a demand for Drake University records involving the anti-war conference.

Bruce Nestor, a Minneapolis attorney for the National Lawyers Guild, filed court papers Monday asking that government investigators be forced to explain what they're looking for and why Drake records are necessary.

"To the extent that the grand jury is being employed for the purposes of . . . intimidating and harassing supporters of the peace or anti-war movement, the grand jury has clearly overstepped its authority," Nestor wrote.

Drake University officials again declined to comment Monday. Sources say university employees since Thursday have been under a federal judge's sealed order that forbids them from talking about the subpoena.

A lawyer for Sally Frank, Drake's local contact for the National Lawyers Guild, filed court papers late Monday asking the judge to set aside an unspecified "Order of Nondisclosure." That request argues that the Thursday order was unconstitutional.
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