
Anti-War Conference Attendees Issued Subpoenas
by Guest Blogger, 2/23/2004
A FBI Joint Terrorism Task Force subpoena was issued early this month to Drake University in Des Moines, Iowa. The subpoena asked the university to produce all records relating to its November antiwar conference.
The conference, ?Stop the Occupation! Bring the Iowa National Guard Home!? was sponsored by the Drake University chapter of the National Lawyers Guild (NLG). The conference included workshops on nonviolent philosophies, how to convey feelings about Iraq into acts of civil disobedience, and concluded with a peaceful demonstration outside the Iowa National Guard base. The subpoena asked for extensive information about the NLG chapter, including leadership lists, annual reports, office location, and about the conference itself. The Justice Department also subpoenaed at least four conference attendees to appear in front of a federal grand jury.
David D. Cole, a Georgetown law professor told the New York Times, ?I?ve had heard of such a thing, but not since the 1950?s, the McCarthy era. It [the subpoenas] sends a very troubling message about government officials? attitudes toward basic civil liberties.?
In May 2002, Attorney General John Ashcroft announced elimination of the 1978 regulation that prevented the FBI from monitoring ?open to the public? events held by domestic religious, political, and civic organizations unless it had a specific cause for doing so. ?These regulations had been specifically developed to counter the COINTELPRO domestic spying program that has led to massive civil rights era abuses during the 1960s and 70s. Now, these regulations no longer exist ? and such abuses may well be repeating themselves,? Find Law commentator, Noah Leavitt explains.
Stephen Patrick O?Meara, the prosecutor for the United States attorney?s office for the southern district of Iowa, told the New York Times, ?the narrow purpose and scope of that inquiry has been narrowed to determine whether there were any violations of federal law, or prior agreements to violate federal law, regarding unlawful entry onto military property?? The attorney?s office believed that a demonstrator attempted to jump the fence and enter the property of the Iowa National Guard base. However, demonstrators said they were unaware of such an action by any one of the 21 participants.
The subpoenas were withdrawn after public outcry drew attention to the case, but a few days later a new set of subpoenas was issued.
The administration?s use of protest zones, retaliatory grant audits, and now federal subpoenas suggests a campaign to silence organizations and communities that disagree with its policies. It is important for nonprofit organizations not to be chilled by such tactics.
