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Judge rules: In jail until sentencing

Judge Thapar rules: Convicted Y-12 protesters must stay in jail until sentencing

U.S. District Judge Amul Thapar today issued an order that will keep the convicted Y-12 protesters in jail until their Sept. 23 sentencing hearings.

Frank Munger, Knoxville News Sentinel


At a hearing Thursday, Thapar discussed case law with attorneys for the U.S. government and those representing the three defendants — Sister Megan Rice, Michael Walli and Greg Boertje-Obed. At that time, the federal judge indicated he would receive information until Tuesday before deciding whether the newly convicted felons would be eligible for release under any circumstances.

Today’s order, however, indicates that Thapar looked at all avenues and decided there was no choice — given the seriousness of the felony charges that fall under the definition of “federal crime of terrorism” and carry maximum sentences of 10 or more years — but to keep them incarcerated.

Both of the offenses — interfering with or obstructing the national defense and depredation of government property — fell into the category of more serious offenses, so one of the few avenues for possible release would have been the chance for acquittal on one of the charges.

In this case, Thapar has yet to rule on the defense motion to dismiss the charge of injuring the national defense. But, regardless, the judge has already denied a motion to dismiss the other charge, so he said that avenue had been closed.

“Nor have the defendants shown exceptional circumstances warrant their release pending sentencing,” he wrote in the order.

“The defendants must be detained,” he said.

He denied the defense motion for release pending sentencing, and said it’s no longer necessary for the U.S. team to file a brief on whether the defendants would be a flight risk. Because that no longer applicable.

It’s not clear where the three will be imprisoned, pending their September sentencing. U.S. Marshal Jimmy Fowler earlier this week said Knoxville has been sending their federal prisoners to a facility in Irwin County, Ga., if there’s more than a short-term stay involved.


One thought on “Judge rules: In jail until sentencing

  1. Do the 3 see this site? (dave- mozela9@comcast.net) Protest the AFA “Arms Bazaar!”
    For the last three days the Air Force Association (AFA) has held its annaul Air & Space Conference and Technology Expo, what we call an “Arms Bazaar,” at the Gaylord National Resort and Convention Center. The AFA has been hosting speakers and seminars that address how the U.S. can remain the preeminent military superpower on earth and in space. And some 150 arms contractors have been dispaying their latest weaponry and military technology. Tonight, the AFA is holding a $330 per plate banquet sponsored by Lockheed Martin. These arms contractors, like Northrop Grumman, Lockheed Martin and General Dynamics, are profiting from war and literally are making a killing! But that’s not all. The Air Force and numerous arms dealers are committed to U.S. nuclear/military superiority and militarizing and controlling space.
    The U.S. continues to be the #1 arms dealer in the world. Foreign military sales by the U.S. were expected to reach $60 billion in fiscal 2012 ending September 30, according to Richard Genaille, deputy director of the Pentagon’s Defense Security Cooperation Agency, which brokers such government-to-government deals. Worldwide weapons sales by the United States tripled in 2011, according to a report by the Congressional Research Service. Total worldwide weapon sales in 2011 nearly doubled to $85.3 billion, making the U.S. responsible for more than three-quarters (77.7%) of all global sales. Egypt has been, and continues to be, a large recipient of U.S. military aid and weapons. In the wake of the recent coup and horrific violence carried out by the Egyptian military government, Egypt still stands to receive $1.3 billion in U.S. military aid and weapons.
    Who will give voice to the victims who have suffered and died in Iraq, Afghanistan, Pakistan and elsewhere as a direct result of U.S. warmaking, and weapons, like the Drone ”Predator” and “Reaper” war planes, produced by the arms contractors participating in the “Arms Bazaar”? In the name of God who calls us to love and not to kill, it’s time to end this Arms Bazaar! It’s time to repent of U.S. war crimes and make reparations to all victims of U.S. warmaking. It’s time to bring all the war money home, alleviate poverty, meet urgent human needs, and save our environment. It’s time for the U.S. to stop threatening to attack Syria. It’s time to end construction of a new U.S.-backed naval base on Jeju Island in S. Korea that will serve as a U.S. military outpost to threaten and contain China. It’s time to stop producing and disarm and eliminate all weapons–from chemical and nuclear weapons to killer drones, end all U.S. military intervention, abolish war and practice nonviolence. it’s time to say Yes to Life and a resounding No to the war profiteers.

    For more info contact Dorothy Day Catholic Worker: 202-882-9649

    Message for the Air Force Association Arms Bazaar (9-18-13)
    by Bob Cooke

    My name is Bob Cooke and I am with Pax Christi Metro DC- Baltimore.

    Thank all of you for coming out here tonight as military leaders, military contractors and representatives of foreign counties again gather for the annual Air Force Arms Bazaar to show the world the new weapons of destruction we have developed and in order to sell them throughout the world. As we know, these new weapons will not make the world safer, as many in the banquet room will be saying. They will only increase the level of violence our world knows, since violence begets violence.

    I also thank the Dorothy Day Catholic Worker for once again this year calling us out here. Even though our numbers are relatively small, our presence is very important. In the words of Daniel Berrigan, it is important that we “fracture the good order” of the Air Force Arms Bazaar Dinner, to the degree that we can, and witness to the fact that the selling of advanced arms around the world should not go on as “business as usual” without at least some outcry of protest from those who oppose violence, and especially from those who claim to follow the nonviolent Jesus, the Prince of Peace, such as Pax Christi members. We thank the DDCW for calling us out here each year to witness against this great evil.

    While we are here tonight, let us also remember the thirteen victims of gun violence who died within a couple of miles from here on Monday at the Washington Navy Yard. Domestic violence and international violence, which is being advocated within the walls of the Gaylord National Convention Center this week, are closely aligned. Is it any wonder that in a world where the countries of the world, lead by the United States, advocates the use of military force as the main way to “RESOLVE” conflict, that many people in this country, lead by the NRA and gun manufacturers, have successfully stopped even the most basic, common sense steps to try to alleviate the level of domestic gun violence and oppose any attempts to make it harder for any U.S. citizen to buy and carry virtually any gun they so desire?

    As a member of Pax Christi, I would also like to remind us all of the words of St. Paul, who saw the fight we are involved in as a spiritual one that must be won by changing the hearts, minds and spirits of people. The Apostle Paul wrote to the Christians in Ephesus: Put on the whole armor of God, that you may be able to stand against the wiles of the devil. For we are not contending against flesh and blood; but against the principalities, against the powers, against the world rulers of this present darkness, against the spiritual hosts of wickedness in the heavenly places. Therefore take the
    whole armor of God that you may be able to withstand in the evil day, and having done all, to stand. (Eph. 6:12,13).

    Let us remember, as we are here tonight, that the “world rulers of this present darkness” can only be defeated by the power of love and non-violence, which have been shown to us in the lives of Jesus, Gandhi, Martin Luther King, Jr., and many, many others, who have walked this earth before us and who are walking in our midst today, including those of us gathered here tonight.

    Let us pray that some of those people sitting at this dinner tonight will have a change of heart, mind and spirit and realize the utter madness and futility of the “solution” they propose to make the world safe by killing our alleged “enemies”. Let us remember the words of Jesus, who called us to love our enemies. It is only through such love that people’s hearts, minds and spirits can be changed. So we pray for those in that dinner tonight, that one, or more, of them will realize the great evil they are partaking in and will one day join us on the outside calling for an end to the selling of these weapons of destruction.

    Thank all of you for being witnesses to the power of love. Let us continue to work together with increasing vigor to help win this spiritual battle by using love’s weapon of nonviolence to defeat the evil powers of greed, militarism and domination.

    Posted by david eberhardt | September 20, 2013, 3:18 pm

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