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Old 10-02-04, 07:55 AM   #1
JackSpratts
 
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Default An Antiwar Forum in Iowa Brings Federal Subpoenas

Monica Davey

DES MOINES, Feb. 9 — To hear the antiwar protesters describe it, their forum at a local university last fall was like so many others they had held over the years. They talked about the nonviolent philosophies of Mahatma Gandhi and the Rev. Dr. Martin Luther King Jr., they said, and how best to convey their feelings about Iraq into acts of civil disobedience.

But last week, subpoenas began arriving seeking details about the forum's sponsor — its leadership list, its annual reports, its office location — and the event itself. On Monday, lawyers for the sponsor, the Drake University chapter of the National Lawyers Guild, went to court in an effort to block the federal prosecutors' demands.

Those who attended the forum, at least four of whom said they had received subpoenas to appear before a federal grand jury on Tuesday, said that they did not know what to make of the inquiry and that they feared it was intended to quash protest.

Late on Monday, prosecutors in the United States attorney's office for the southern district of Iowa took the unusual step of issuing a confirmation of the investigation, stressing that its scope was limited to learning more about one person who had tried to scale a security fence at an Iowa National Guard base in a protest a day after the forum.

"The United States attorney's office does not prosecute persons peacefully and lawfully engaged in rallies which are conducted under the protection of the First Amendment to the Constitution of the United States," a written statement issued by the prosecutor here, Stephen Patrick O'Meara, said.

Prosecutors also delayed the grand jury appearances by a month, a move local civil liberties officials interpreted as a sign that the government might be backing away from the investigation.

"I'd say the prosecutors are recognizing the groundswell of reaction that has happened in the face of this extraordinary thing they've done," said R. Ben Stone, executive director of the Iowa Civil Liberties Union.

Still, the protesters, their lawyers and some national civil liberties advocates described the investigation into the attendance rolls and leadership lists of the lawyers' group as highly unusual in recent years. Some said it could send a chilling message far beyond Iowa, leaving those who consider voicing disapproval of the administration's policy in Iraq, or anywhere else, wondering whether they too might receive added scrutiny.

"I've heard of such a thing, but not since the 1950's, the McCarthy era," said David D. Cole, a Georgetown law professor. "It sends a very troubling message about government officials' attitudes toward basic liberties."

Officials at Drake University, a private institution of 5,100 students, declined to comment on Monday. Lisa Lacher, a spokeswoman for the school, said the court had made Drake, which received a broad subpoena in the case, subject "to a nondisclosure order" about the matter. "I'm afraid then that there's not much we can say," Ms. Lacher said.

The school's subpoena called for detailed information on the lawyers guild and its members, including the names of those who are officers, and guild meeting agendas and annual reports since 2002.
http://www.nytimes.com/2004/02/10/national/10PROT.html
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Old 10-02-04, 11:47 AM   #2
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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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