An Antiwar Forum in Iowa Brings Federal Subpoenas

[JackSpratts]

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