>
> From: Peace Now Citrus County
> Date: 2005/11/26 Sat PM 10:03:59 EST
> To: Peace Now Yahoo Group
> Subject: Our nation is in grave danger.....and we have no other recourse.
>
> On November 16th, a number of the folks who were arrested on Sept. 26th on the sidewalk of the White House went to trial in Washington, DC for demonstrating without a permit. These reports by two of the defendants are well worth reading and sharing.
> Beverley
> "Better than a thousand hollow words, is one word that brings peace."
> ~Buddha
>
> This is a great article about the trial by Rose Berger, who gave the Sentencing Statement. This appeared in Sojourners online. www.sojo.net
>
> What I did on the 60th anniversary of the Nuremberg Trials
> by Rose Marie Berger
> SojoMail 11-23-2005
>
> Last week I spent two days in the U.S. District Court in Washington,D.C., on trial after being arrested Sept. 26, 2005, while delivering petitions to President Bush at the White House. Several hundred people met on Pennsylvania Avenue that day, bringing boxes and boxes of letters to President Bush demanding that he "redress the grievances" of hundreds of thousands of Americans regarding the war in Iraq.
>
> Waiting for a reply took several hours. The guards at the gatehouse called the executive office, but apparently no one was able to come pick up the mail. Eventually, roughly 370 of us were arrested for demonstrating on the White House sidewalk without a permit - the largest number ever arrested by the U.S. Park Police, according to one officer.Some of us spent up to 14 hours in handcuffs and all were released with a citation. We had the option of paying a fine or appearing at one of three court dates.
>
> My court date - Nov. 16 - also marked the week of the 60th anniversary of the post-World War II trials held in Nuremberg, Germany.
>
> If you "don't know much about history" (as Sam Cooke sang), let me refresh your memory. In what may have been the most significant shift in international law since the 1648 Peace of Westphalia initiated the modern system of nation-states, the 1945 trials of high-ranking National Socialist German Workers Party leaders at Nuremberg established what we now recognize as the laws and principles of international human rights and against wars of aggression.
>
> The Nuremberg Trials began 60 years ago on Nov. 20, 1945, at 10 a.m. The United States' chief prosecutor, Robert H. Jackson, opened the proceedings with these words: "The wrongs which we seek to condemn and punish have been so calculated, so malignant, and so devastating, that civilization cannot tolerate their being ignored, because it cannot
> survive their being repeated."
>
> The principles put in place at Nuremberg - that individuals are responsible for upholding international laws, whether they are heads of state or common citizens, their country does not impose a penalty for breaking those laws, or they acted under orders of government or superior officers - founded for the world a manner in which peace could be secured through justice. In fact, the great lesson of Nuremberg is that it is incumbent upon every citizen to be politically aware of their government's actions and it is not only the right, but the responsibility, of every citizen to hold its government and leaders accountable when they violate the law.
>
> At the U.S. District Court in D.C. last week, our group was the largest number of co-defendants ever brought to trial in that courthouse, according to the U.S. marshal in charge of courthouse security. All of us were defendants pro se (Latin for "for self") - with the exception of co-defendant Cindy Sheehan, America's most famous military mom, who had an attorney. Since we were the first group to be brought to trial for the Sept. 26 arrests (there are still 200 more to be tried on separate
> court dates in December and January), it was important that we set a good precedent before the judge and with the trial process.
>
> Because we were defendants pro se, we divided among us the various roles that a defense attorney would normally play. Co-defendant Virginia Rodino from Baltimore made the defense's opening statements. Co-defendant Rabbi Arthur Waskow from Philadelphia interviewed the defense's witnesses. Co-defendant P. J. Park from Mt. Rainier, Maryland, cross-examined the government's witnesses. John Barber from Deerfield Beach, Florida, gave the defense's closing statement. I made the
> sentencing statement before the judge.
>
> During the course of the trial there was lively discussion about what exactly it means for America to have a Bill of Rights, which states in its first amendment that "Congress shall make no law...abridging...the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
>
> In John Barber's powerful closing statement he addressed Magistrate Judge Alan Kay, saying, "Each of the defense witnesses clearly stated that the purpose of our visit to the White House on Sept. 26 was to petition our government for a redress of our grievances, a right fully protected by the First Amendment to the Bill of Rights. I recall, sir, you stated a belief at the beginning of this trial that 'surely we had some other recourse'- but when our president claims he doesn't follow polls, he doesn't read the newspaper, and that he pays no attention to the hundreds of thousands of protestors on the streets, what is one to do?"
>
> In fact, one witness asked how she, as an ordinary American, was to determine when she had "exhausted all legal means" for petitioning her government. She had already been told by her congressional representatives that the matter of the legality of the war in Iraq was out of their hands and that the petitions needed to be directed toward the White House and the executive branch.
>
> Cindy Sheehan gave an eloquent testimony about her 24-year-old son, Casey, who was killed in Sadr City, Iraq, on April 4, 2004, and the effect his death has had on her family.
>
> There were also some humorous moments. At one point the prosecutor was examining a witness for the defense. In order to determine whether the witness had willingly joined with others on the White House sidewalk (and therefore knowingly became part of a group without a permit), the prosecutor asked if the defendant was singing "in unison with others or simply singing to yourself." At another point, the judge commented that he was certain that Rabbi Waskow was an excellent rabbi, but he had a
> few things still to learn about the finer points of the law. Rabbi Waskow was eager to learn from the judge how best to proceed.
>
> One surreal side note: At the end of the first day, I took a cab back to Sojourners with a man who I learned, as the conversation developed, had a business meeting the next morning with Paul Wolfowitz, Donald Rumsfeld, and possibly (he was still working out the details), Vice President Cheney. I talked to him about what I had been doing today and that, even though I was sure he had a different agenda for his morning meeting, I would appreciate it if he would convey our sentiments about the war in Iraq to those gentlemen since our group had not been able to meet with them directly. He just smiled. After he left the car, the cab driver went off on how it was that this man could consort so casually with the worst killers in the world today. The cabbie and I then proceeded to have a much more candid conversation.
>
> After two days in the courtroom, Magistrate Judge Kay ruled that we knowingly violated the prohibition against demonstrations without a permit.
>
> I walked forward to deliver the sentencing statement on behalf of the defendants. "Judge Kay," I began, "we the defendants request that you sentence us to 'time served' or allow us community service in the organization of our choice.
>
> "These defendants represent the very best of American values. They have acted courageously and nonviolently to hold our highest leaders accountable for their illegal and immoral actions in Iraq. They have, at their own expense, spent countless hours petitioning Congress, President Bush, and other members of the administration. They have cared for wounded veterans. They have organized public discussions and vigils. They have written letters to the editors of dozens of newspapers. They
> have pleaded, argued, and cried out for the troops to come home now.
>
> "Your honor, this is a war that not only do we believe is wrong, but one that Congress is now proving to be wrong. The indictment and investigations are proving that the war was launched on false pretenses. In the week leading up to our arrest 95 civilians were killed in Iraq and 21 U.S. soldiers. This speaks to the urgency of our cause. Five of the civilians killed that week were lay leaders of the main Christian church in Baghdad. Some of the defendants in the courtroom today have
> testified to paying the ultimate cost when their sons and daughters were killed while serving in Iraq.
>
> "Even today, we are learning that white phosphorus - the napalm of the Iraq war - was used as 'an incendiary weapon against enemy combatants,' in the firestorm that was the attack on Fallujah. U.S. Lt. Col. Barry Venable swears that it wasn't used on civilians, but I feel certain that he will be proved wrong.
>
> "In sentencing us, your honor, we ask that you take into account the words of William Penn who said, 'Always put justice above the law, and when the law is unjust change it directly.' Let us honor the lessons of Nuremberg. Let our ongoing work for peace serve as 'living petitions' holding our government accountable for its actions in Iraq. Let the witness of our lives be the manner in which we pay our debt to society."
>
> As I returned to my seat, one of the court security officers stopped me to say that he thought I did a very good job and he agreed with everything I said! Magistrate Judge Kay, however, sentenced us to a $50 fine, plus a $25 court processing fee.
>
> Over the course of the two days, numerous law students and legal counsel from other courtrooms attended the proceedings - partly out of curiosity, partly to see Cindy Sheehan, and partly because of the importance of the process and the ruling. Rep. John Conyers (D-Mich.) sent an attorney from his office to observe and offer moral support. Thirty-five criminal justice students from Roberts Wesleyan College in Rochester, New York, attended the closing arguments. I think they got a
> good dose of American democracy in action.
>
> I'll close with more of John Barber's comments. "I call on all good citizens of this country," he said, "to occupy sidewalks without the proper permits today and everyday until an end to this war is found." May it be so.
>
> Rose Marie Berger, an associate editor of Sojourners, is a Catholic peace activist and poet.
>
> Sojourners | 3333 14th Street NW, Suite 200 | Washington, DC 20010
> Phone 202.328.8842 | Fax 202.328.8757 | sojourners@sojo.net
> *******************************************************
> Closing Statement by Johnny Barber, Deerfield Beach, Florida
>
> Closing argument, for 1st trial of those arrested in front of the White House on Sept 26th, 2005
>
> Your honor, my name is John Barber, defendant pro se and I will be giving the closing argument. It is clear that the government has failed to meet the burden of proof necessary to find us guilty of demonstrating without a permit.
>
> Testimony by the defense witnesses Ms Saba, Ms First, Ms Murphy and Ms Sheehan clearly state we were at the White House not to protest, not to picket, not to make speeches, or to block traffic. We were at the White House to petition our government.
>
> Rick Merryman testified for the prosecution that the default position of the permit application process is that people have a right to assemble and seek redress of their grievances.
>
> Each of the police officers that appeared on behalf of the prosecution said clearly that they did not see any of us hinder anyone from coming or going about their business at the White House. Officers Johnson, Davis and Clarke all characterized our activity as a non-violent assembly. Officers Johnson, Davis, Clarke, and Fuller all stated that we were on the sidewalk, standing or sitting, though officer Fuller’s recollection only went so far as “I was there with you. I saw you there”. He could not recall what any of us were actually doing that day.
>
> Each of the defense witnesses clearly stated the purpose of our visit to the White House on September 26th was to petition our government for a redress of our grievances, a right fully protected by the Bill of Rights.
>
> I recall, sir, you stated a belief at the beginning of this trial “that surely we had some other recourse”- but when our President claims he doesn’t follow polls, he doesn’t read the newspaper, that he pays no attention to the hundreds of thousands of protestors on the streets, what is one to do?
>
> We heard testimony from the defendants- we have written the letters, made the phone calls, faxed and emailed our government representatives. None of us are welcomed to the presidents so called public forums or his speeches. Cindy Sheehan and others in this room traveled at great expense to the President’s vacation home and slept in a field beside the road- hoping to get a moment to voice our concerns about the grave consequences we have suffered due to our governments immoral, inept, and dangerous policies.
>
> Consistently we have been rebuked or ignored, but we are not bowed sir, and insist on our right to assemble to address this government. On September 26th, sir, we had no recourse but to wait until our voices were heard. On September 26th I carried a petition from the Buddhist Peace Fellowship. Each of the defendants testified that they too carried petitions to present to the President. We represent tens of thousands who have questions of our government and we demand answers from our President. On September 26th our petitions were not even accepted by the guardhouse, never mind the White House.
>
> Your honor, I am an ordinary person and I make mistakes- and when I am wrong, I admit it. But sir, we were not wrong on September 26th.
>
> § When it is revealed that our government ignored the facts in presenting evidence leading up to the war,
> § When it is revealed that our government condones torture of detainees,
> § And sir, when it is revealed, after many denials, that in fact we used white phosphorous- (a chemical that burns flesh down to the bone) as an offensive weapon on the people of Fallujah,
>
> Our nation is in grave danger. On September 26th and today, we have no other recourse.
>
> We have a right, no, sir, we have an obligation as citizens of this country to speak out- and sir it is with the utmost urgency that we demand to be heard.
>
> Sir, I ask that you find all the defendants not guilty of the charge of demonstrating without a permit.
>
> Thank you, your honor.
>
>
>
> Beverley Finney Wiskow
> (352) 400-4174 (352) 344-2506
> http://peacenowcitrus.tripod.com/
> Our lives begin to end the day we become silent about things that matter. Rev. Martin Luther King, Jr.
>
>
>
>
>
>
>
>
>
>
>
>
> ---------------------------------
> Yahoo! Music Unlimited - Access over 1 million songs. Try it free.
>
> From: Peace Now Citrus County
> Date: 2005/11/26 Sat PM 10:03:59 EST
> To: Peace Now Yahoo Group
> Subject: Our nation is in grave danger.....and we have no other recourse.
>
> On November 16th, a number of the folks who were arrested on Sept. 26th on the sidewalk of the White House went to trial in Washington, DC for demonstrating without a permit. These reports by two of the defendants are well worth reading and sharing.
> Beverley
> "Better than a thousand hollow words, is one word that brings peace."
> ~Buddha
>
> This is a great article about the trial by Rose Berger, who gave the Sentencing Statement. This appeared in Sojourners online. www.sojo.net
>
> What I did on the 60th anniversary of the Nuremberg Trials
> by Rose Marie Berger
> SojoMail 11-23-2005
>
> Last week I spent two days in the U.S. District Court in Washington,D.C., on trial after being arrested Sept. 26, 2005, while delivering petitions to President Bush at the White House. Several hundred people met on Pennsylvania Avenue that day, bringing boxes and boxes of letters to President Bush demanding that he "redress the grievances" of hundreds of thousands of Americans regarding the war in Iraq.
>
> Waiting for a reply took several hours. The guards at the gatehouse called the executive office, but apparently no one was able to come pick up the mail. Eventually, roughly 370 of us were arrested for demonstrating on the White House sidewalk without a permit - the largest number ever arrested by the U.S. Park Police, according to one officer.Some of us spent up to 14 hours in handcuffs and all were released with a citation. We had the option of paying a fine or appearing at one of three court dates.
>
> My court date - Nov. 16 - also marked the week of the 60th anniversary of the post-World War II trials held in Nuremberg, Germany.
>
> If you "don't know much about history" (as Sam Cooke sang), let me refresh your memory. In what may have been the most significant shift in international law since the 1648 Peace of Westphalia initiated the modern system of nation-states, the 1945 trials of high-ranking National Socialist German Workers Party leaders at Nuremberg established what we now recognize as the laws and principles of international human rights and against wars of aggression.
>
> The Nuremberg Trials began 60 years ago on Nov. 20, 1945, at 10 a.m. The United States' chief prosecutor, Robert H. Jackson, opened the proceedings with these words: "The wrongs which we seek to condemn and punish have been so calculated, so malignant, and so devastating, that civilization cannot tolerate their being ignored, because it cannot
> survive their being repeated."
>
> The principles put in place at Nuremberg - that individuals are responsible for upholding international laws, whether they are heads of state or common citizens, their country does not impose a penalty for breaking those laws, or they acted under orders of government or superior officers - founded for the world a manner in which peace could be secured through justice. In fact, the great lesson of Nuremberg is that it is incumbent upon every citizen to be politically aware of their government's actions and it is not only the right, but the responsibility, of every citizen to hold its government and leaders accountable when they violate the law.
>
> At the U.S. District Court in D.C. last week, our group was the largest number of co-defendants ever brought to trial in that courthouse, according to the U.S. marshal in charge of courthouse security. All of us were defendants pro se (Latin for "for self") - with the exception of co-defendant Cindy Sheehan, America's most famous military mom, who had an attorney. Since we were the first group to be brought to trial for the Sept. 26 arrests (there are still 200 more to be tried on separate
> court dates in December and January), it was important that we set a good precedent before the judge and with the trial process.
>
> Because we were defendants pro se, we divided among us the various roles that a defense attorney would normally play. Co-defendant Virginia Rodino from Baltimore made the defense's opening statements. Co-defendant Rabbi Arthur Waskow from Philadelphia interviewed the defense's witnesses. Co-defendant P. J. Park from Mt. Rainier, Maryland, cross-examined the government's witnesses. John Barber from Deerfield Beach, Florida, gave the defense's closing statement. I made the
> sentencing statement before the judge.
>
> During the course of the trial there was lively discussion about what exactly it means for America to have a Bill of Rights, which states in its first amendment that "Congress shall make no law...abridging...the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
>
> In John Barber's powerful closing statement he addressed Magistrate Judge Alan Kay, saying, "Each of the defense witnesses clearly stated that the purpose of our visit to the White House on Sept. 26 was to petition our government for a redress of our grievances, a right fully protected by the First Amendment to the Bill of Rights. I recall, sir, you stated a belief at the beginning of this trial that 'surely we had some other recourse'- but when our president claims he doesn't follow polls, he doesn't read the newspaper, and that he pays no attention to the hundreds of thousands of protestors on the streets, what is one to do?"
>
> In fact, one witness asked how she, as an ordinary American, was to determine when she had "exhausted all legal means" for petitioning her government. She had already been told by her congressional representatives that the matter of the legality of the war in Iraq was out of their hands and that the petitions needed to be directed toward the White House and the executive branch.
>
> Cindy Sheehan gave an eloquent testimony about her 24-year-old son, Casey, who was killed in Sadr City, Iraq, on April 4, 2004, and the effect his death has had on her family.
>
> There were also some humorous moments. At one point the prosecutor was examining a witness for the defense. In order to determine whether the witness had willingly joined with others on the White House sidewalk (and therefore knowingly became part of a group without a permit), the prosecutor asked if the defendant was singing "in unison with others or simply singing to yourself." At another point, the judge commented that he was certain that Rabbi Waskow was an excellent rabbi, but he had a
> few things still to learn about the finer points of the law. Rabbi Waskow was eager to learn from the judge how best to proceed.
>
> One surreal side note: At the end of the first day, I took a cab back to Sojourners with a man who I learned, as the conversation developed, had a business meeting the next morning with Paul Wolfowitz, Donald Rumsfeld, and possibly (he was still working out the details), Vice President Cheney. I talked to him about what I had been doing today and that, even though I was sure he had a different agenda for his morning meeting, I would appreciate it if he would convey our sentiments about the war in Iraq to those gentlemen since our group had not been able to meet with them directly. He just smiled. After he left the car, the cab driver went off on how it was that this man could consort so casually with the worst killers in the world today. The cabbie and I then proceeded to have a much more candid conversation.
>
> After two days in the courtroom, Magistrate Judge Kay ruled that we knowingly violated the prohibition against demonstrations without a permit.
>
> I walked forward to deliver the sentencing statement on behalf of the defendants. "Judge Kay," I began, "we the defendants request that you sentence us to 'time served' or allow us community service in the organization of our choice.
>
> "These defendants represent the very best of American values. They have acted courageously and nonviolently to hold our highest leaders accountable for their illegal and immoral actions in Iraq. They have, at their own expense, spent countless hours petitioning Congress, President Bush, and other members of the administration. They have cared for wounded veterans. They have organized public discussions and vigils. They have written letters to the editors of dozens of newspapers. They
> have pleaded, argued, and cried out for the troops to come home now.
>
> "Your honor, this is a war that not only do we believe is wrong, but one that Congress is now proving to be wrong. The indictment and investigations are proving that the war was launched on false pretenses. In the week leading up to our arrest 95 civilians were killed in Iraq and 21 U.S. soldiers. This speaks to the urgency of our cause. Five of the civilians killed that week were lay leaders of the main Christian church in Baghdad. Some of the defendants in the courtroom today have
> testified to paying the ultimate cost when their sons and daughters were killed while serving in Iraq.
>
> "Even today, we are learning that white phosphorus - the napalm of the Iraq war - was used as 'an incendiary weapon against enemy combatants,' in the firestorm that was the attack on Fallujah. U.S. Lt. Col. Barry Venable swears that it wasn't used on civilians, but I feel certain that he will be proved wrong.
>
> "In sentencing us, your honor, we ask that you take into account the words of William Penn who said, 'Always put justice above the law, and when the law is unjust change it directly.' Let us honor the lessons of Nuremberg. Let our ongoing work for peace serve as 'living petitions' holding our government accountable for its actions in Iraq. Let the witness of our lives be the manner in which we pay our debt to society."
>
> As I returned to my seat, one of the court security officers stopped me to say that he thought I did a very good job and he agreed with everything I said! Magistrate Judge Kay, however, sentenced us to a $50 fine, plus a $25 court processing fee.
>
> Over the course of the two days, numerous law students and legal counsel from other courtrooms attended the proceedings - partly out of curiosity, partly to see Cindy Sheehan, and partly because of the importance of the process and the ruling. Rep. John Conyers (D-Mich.) sent an attorney from his office to observe and offer moral support. Thirty-five criminal justice students from Roberts Wesleyan College in Rochester, New York, attended the closing arguments. I think they got a
> good dose of American democracy in action.
>
> I'll close with more of John Barber's comments. "I call on all good citizens of this country," he said, "to occupy sidewalks without the proper permits today and everyday until an end to this war is found." May it be so.
>
> Rose Marie Berger, an associate editor of Sojourners, is a Catholic peace activist and poet.
>
> Sojourners | 3333 14th Street NW, Suite 200 | Washington, DC 20010
> Phone 202.328.8842 | Fax 202.328.8757 | sojourners@sojo.net
> *******************************************************
> Closing Statement by Johnny Barber, Deerfield Beach, Florida
>
> Closing argument, for 1st trial of those arrested in front of the White House on Sept 26th, 2005
>
> Your honor, my name is John Barber, defendant pro se and I will be giving the closing argument. It is clear that the government has failed to meet the burden of proof necessary to find us guilty of demonstrating without a permit.
>
> Testimony by the defense witnesses Ms Saba, Ms First, Ms Murphy and Ms Sheehan clearly state we were at the White House not to protest, not to picket, not to make speeches, or to block traffic. We were at the White House to petition our government.
>
> Rick Merryman testified for the prosecution that the default position of the permit application process is that people have a right to assemble and seek redress of their grievances.
>
> Each of the police officers that appeared on behalf of the prosecution said clearly that they did not see any of us hinder anyone from coming or going about their business at the White House. Officers Johnson, Davis and Clarke all characterized our activity as a non-violent assembly. Officers Johnson, Davis, Clarke, and Fuller all stated that we were on the sidewalk, standing or sitting, though officer Fuller’s recollection only went so far as “I was there with you. I saw you there”. He could not recall what any of us were actually doing that day.
>
> Each of the defense witnesses clearly stated the purpose of our visit to the White House on September 26th was to petition our government for a redress of our grievances, a right fully protected by the Bill of Rights.
>
> I recall, sir, you stated a belief at the beginning of this trial “that surely we had some other recourse”- but when our President claims he doesn’t follow polls, he doesn’t read the newspaper, that he pays no attention to the hundreds of thousands of protestors on the streets, what is one to do?
>
> We heard testimony from the defendants- we have written the letters, made the phone calls, faxed and emailed our government representatives. None of us are welcomed to the presidents so called public forums or his speeches. Cindy Sheehan and others in this room traveled at great expense to the President’s vacation home and slept in a field beside the road- hoping to get a moment to voice our concerns about the grave consequences we have suffered due to our governments immoral, inept, and dangerous policies.
>
> Consistently we have been rebuked or ignored, but we are not bowed sir, and insist on our right to assemble to address this government. On September 26th, sir, we had no recourse but to wait until our voices were heard. On September 26th I carried a petition from the Buddhist Peace Fellowship. Each of the defendants testified that they too carried petitions to present to the President. We represent tens of thousands who have questions of our government and we demand answers from our President. On September 26th our petitions were not even accepted by the guardhouse, never mind the White House.
>
> Your honor, I am an ordinary person and I make mistakes- and when I am wrong, I admit it. But sir, we were not wrong on September 26th.
>
> § When it is revealed that our government ignored the facts in presenting evidence leading up to the war,
> § When it is revealed that our government condones torture of detainees,
> § And sir, when it is revealed, after many denials, that in fact we used white phosphorous- (a chemical that burns flesh down to the bone) as an offensive weapon on the people of Fallujah,
>
> Our nation is in grave danger. On September 26th and today, we have no other recourse.
>
> We have a right, no, sir, we have an obligation as citizens of this country to speak out- and sir it is with the utmost urgency that we demand to be heard.
>
> Sir, I ask that you find all the defendants not guilty of the charge of demonstrating without a permit.
>
> Thank you, your honor.
>
>
>
> Beverley Finney Wiskow
> (352) 400-4174 (352) 344-2506
> http://peacenowcitrus.tripod.com/
> Our lives begin to end the day we become silent about things that matter. Rev. Martin Luther King, Jr.
>
>
>
>
>
>
>
>
>
>
>
>
> ---------------------------------
> Yahoo! Music Unlimited - Access over 1 million songs. Try it free.
>
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