Can you say “MALICIOUS?”


10:11 AM.  I’m sitting in the courtroom during the morning recess.  We are just about to resume.  The jury has not even been in the courtroom yet today, as the court focused on the jury instructions that are another critical element in this trial.  The morning seemed to revolved around the definition of the term “malicious.”

The government would like the jury to find that the defendants had “malicious” intent; I know, I know… It’s pretty hard to consider someone like Bix, or any of the Disarm Now Plowshares 5, having anything remotely approaching “malicious” intent.

Judge Settle read a definition that he thought suitable in the context of this case: “Wrongful and without legal justification or excuse.”  One of the defense counsels, Blake Kremer, voiced concern over the proposed definition of the term “malice,” proposing that the court use the common and universally understood meaning of the term, meaning some mal or evil intent.  Judge Settle said that they need to stick to the “legal context.”  Blake asked that the court give some time to provide an alternate definition for consideration.

Thanks to Blake we got to take a long recess, and everyone went out on the playground.

But I digress.  We are here today, on what may very well be the final day of this trial, to bring light to the most horrendous thing that human beings have ever done – created the means to extinguish life on Earth.  We come to tell the truth.

Let us hope, as the jury hears the defendants’ closing statements, that the members of the jury will be listening with open hearts and open minds, and that something will open up in them, allowing them to question what is going on in this court, and just what this trial is really all about.

May it be so.



P.S. – Today is Human Rights Day; a good time to consider the right to a fair trial.


One Response

  1. Malicious: “Wrongful and without legal justification or excuse.”

    That would be the building, storage, intent to use, and deployment of nuclear weapons of mass destruction.

    Case closed.

    But not, apparently, in this courtroom.

    In Solidarity, Tenzing

    Port Townsend, Wash.

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