Court

May 21, 2013 Update: Steve Kelly was arrested by Sunnyvale, California Police in front of the Lockheed Martin (Trident) missile plant during the 2013 Good Friday vigil there.  He was picked up by Federal Marshals on a Federal warrant for parole violation related to his Disarm Now Plowshares sentence. Steve appeared before Judge Benjamin Settle (in US District Court, Tacoma, Washington) on May 20, 2013 and was given a 60 day sentence, including time already served.  Steve is currently serving that time at the SeaTac Federal Detention Center. Steve will be released (expected date) on May 29th.

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We continue to post court-related documents on this page as we receive them.  Last Updated July 7, 2012

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Revocation Hearing (Susan Crane)

7/23/2012 Susan Crane was charged with three violations of her supervised release, and appeared before Judge Settle at the Tacoma Federal District Court for a Revocation Hearing on Monday, July 23, 2012.  She was given 60 days by Judge Settle.

6/18/2012 Probation officer report and request for summons 10-CR-05586-MEM_45675

6/25/2012 Court Summons     10-CR-05586-SUMM_45676

Three Motions for Modification of Sentence which were all denied.

8/30/2011 228 Crane Motion to Modify Sentence with text of Archbishop Francis Chullikat’s speech on nuclear disarmament attached (filed from prison)

5/1/2012 Motion to Modify Conditions of Release by Susan S. Crane

5/30/2012 Motion for Hearing for early termination of supervised release by Susan S. Crane. Oral arguments requested.

Appeal

4/13/2012 – Opinion by Judge Gwin on the Appeal from the United States District Court for the Western District of Washington Benjamin H. Settle, District Judge, Presiding;  Filed April 13, 2012

Sentencing

3/28/2011 Transcript of  SENTENCING  Hearing (3-28-11)

3/28/2011 – Anabel Dwyer’s Sentencing Statement on behalf of Disarm Now Plowshares

3/28/2011 – Bill Quigley’s Sentencing Statement on behalf of Disarm Now Plowshares

3/22/2011 Susan Crane’s Sentencing Memo

3/22/2011 Steve Kelly’s Sentencing Declaration

Motions, Responses, Replies, and Rulings

12/01/10 – Government’s reply to Plowshares’ responses to government’s motion in limine

11/30/10 – Plowshares’ response to government’s request for motion in limine, and request to reconsider earlier ruling on necessity (part B)

11/30/10 – Plowshares’ response to government’s request for motion in limine, and request to reconsider earlier ruling on necessity (part A)

11/26/10 – Government’s Motion in limine to prohibit any defense based necessity defense or international law, including Nuremberg defense

11/22/10 – Judge Settle’s Ruling re dismissal concerning Plowshares Motion to Dismiss, Necessity defense, and International Law

11/19/10 – Plowshares’ Reply to Government’s Response to Motion to Dismiss

11/19/10 – Plowshares’ Reply to Govt’s Response to Motion to Dismiss: Exhibits

  • Exhibit 1 “US Nuclear Forces, 2010” Norris and Kristensen, Bulletin of Atomic Scientists, May/June 2010
  • Exhibit 2 Fourth Geneva Convention Relative to the Protection of Civilian Persons in time of War
  • Exhibit 3 18 USC 244
  • Exhibit 4 Annotated Supplement to Commander’s Handbook on the Law of Naval Operations, 1997, (pp 5.7-5.8)
  • Exhibit 5 “Nuclear Weapons Safety: The Case of Trident” Harvey and Michalowski, Science and Security, 1994, Vol 4, pp 261-337
  • Exhibit 6 page from the Discovery packet concerning Lockheed Martin’s Reentry Body work that was stopped on November 2, 2009

11/16/10 – Plowshares’ witness Ramsey Clark testifies about the illegality of nuclear weapons under international and national law

11/05/10 – Government’s Response to Plowshares Expanded Motion to Dismiss

10/29/10 – Plowshares’ Expanded motion to dismiss

10/29/10 – Plowshares’ Expanded motion to dismiss: Memorandum in support

10/29/10 – Plowshares’ Expanded motion to dismiss: Exhibits

  • Exhibit 1 – International Court of Justice, 1995, Legality of the Threat or Use of Nuclear Weapons: testimony of Mayor Hiraoka of Hiroshima and Mayor Itoh of Nagasaki
  • Exhibit 2 – International Court of Justice, 1996, Legality of the Threat or Use of Nuclear Weapons: Advisory Opinion
  • Exhibit 3Bulletin of Atomic Scientists, “Nuclear Notebook: US Nuclear Forces, 2009”
  • Exhibit 4 – Francis A. Boyle, Declaration in Support of Motion to Dismiss
  • Exhibit 5 – Statement by Judge C. G. Weeramantry, Former Vice President, International Court of Justice, The Hague
  • Exhibit 6 – Peter Weiss, Declaration in Support of Motion to Dismiss
  • Exhibit 7 – Anabel L. Dwyer, Declaration in Support of Motion to Dismiss
  • Exhibit 8 – Ardeth Platte, Declaration in Support of Motion to Dismiss
  • Exhibit 9 – Joe Morton, Declaration in Support of Motion to Dismiss
  • Exhibit 10 – Chrissy Nesbitt, Declaration in Support of Motion to Dismiss

10/08/10 – Plowshares’ Motion To Immediately Dismiss Charges and Memo in Support

09/02/10 – Government’s Indictment (list of charges)

Letters to the judge and amicus briefs

Various other articles of interest

Previous proceedings:

Indictment (9/2/2010) & Arraignment (10/8/2010) The Disarm Now Plowshares activists were indicted by a Federal Grand Jury, and they appeared in the Tacoma Federal District Court for arraignment on Friday, October 8, 2010 at 1:30 pm. The charges included trespass, conspiracy, destruction of government property, and depredation of government property. The plowshares activists respond to these charges by saying that they were acting according to the moral law of their faith, and that they have a responsibility and duty under international law to disarm the nuclear weapons at the base. The first strike nuclear weapons that are on the trident subs and stockpiled at the US Naval Base Bangor/Kitsap are illegal under international law. The Strategic Weapons Facility Pacific is indeed a crime scene, not because the plowshares activists were there, but because the nuclear warheads are there.

Misdemeanor charges dismissed in favor of felony charges (12/31/2010) On Thursday, December 31, 2009, Plowshares activists received a cover letter and Order for Dismissal from Jenny A. Durkan, United States Attorney, and Barbara J. Sievers, Assistant United States Attorney. The letter was addressed to Magistrate Judge Karen L. Strombom, in the US District Court in Tacoma Washington. The cover letter stated: “Attached hereto is an Order for Dismissal in the above-entitled case. Our office is working with the relevant law enforcement agencies to determine whether felony charges should be filed as to the underlying conduct in this case. As a result, we do not intend to proceed as to these misdemeanor charges at this time. ” Federal Grand Juries The Fifth Amendment of the U.S. Constitution requires that felony defendants in federal courts be indicted by grand jury.

“Federal grand juries have a maximum of 23 members, 16 of whom must be present to form a quorum. Indictments are returned by a vote of 12 or more members. Federal grand juries typically sit for a term of 18 months and meet at regular intervals. Although federal judges empanel federal grand juries and formally supervise them, these judges do not usually interfere with federal grand jury investigations. The federal prosecutor, or Assistant United States Attorney (“AUSA”), is the primary government official interacting with the federal grand jury. The federal prosecutor leads all grand jury sessions, although he cannot testify or be present during grand jury deliberations. As a practical matter, a federal grand jury will almost always return an indictment presented to it by a prosecutor. This is the basis for Judge Saul Wachler’s famous saying that a prosecutor can get a grand jury to “indict a ham sandwich.”

(from Federal Grand Jury Crash Course by Solomon L Wisenberg)
 

For more information about Grand Juries and federal investigations, check out the Center for Constitutional Rights booklet, If an Agent Knocks.

8 Responses

  1. I support the nonviolent disarmament action that took place in the U.S. on Nov 2, 2009 at Naval Base Kitsap-Bangor where Trident nuclear weapons are stored or deployed on Trident submarines.

  2. I live in Northern California and upset! Our schools here have to constantly raise money yet on top of the huge weapon expense the Federal Govt. also has money to bring this group to court. Disarm for our children and please plead not guilty!

  3. You guys are crazy and should get punished. I understand proving a point and raising awareness, but trespassing into a restricted area where “Deadly force is Authorized” is just stupid. How will you continue to deliver your message after you get shot to death? I once heard this saying: “Those who trade their swords for plows, get shot by those who don’t.” I’m completely against having to USE nuclear weapons, but believe that the presence alone acts as a deterrent from nuclear strikes from other countries.

  4. I believe that it is important to take citizen action against an out-of-control military-industrial complex supported by our U.S. government policy. Such policy allows the development of world destructive weapons (We now have missiles armed with power 30 times more powerful than the Hiroshima atomic bomb). Now, just why do we as a country need these? Do we want to destroy people and lands?
    In addition, the costs of such a program yearly means that the costs of maintaining such a policy is putting our country into debt and deferring needed education and social needs.;

  5. I fully support the disarmnowplowshares

  6. Thank you so much for your loving service! You are very courageous, compassionate, and devoted, as evidenced by your actions and indeed lives of loving services; and we are also very grateful for your most dedicated and active supporters

    Peace, Love, Joy, and Blessings to You All!

  7. It is a sad day when we lock up people of peace. Have we no respect at all for dissenting voices in our rush to destroy our planet. Do we even care about our own children? To these prisoners of conscience..stay strong..you are right…the world needs more like you.

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