anarchist convicted of thought crime (1 Viewer)

treelo

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ok this is a long one, but please read it. this is probably one of the most important prosecutions in american legal history.

"It's such a dangerous precedent because you are criminalizing ...someone's intent rather than their conduct, rather than anything they actually did"

Sherman Austin, webmaster of RaisetheFist.com, was sentenced on August 4, 2003, to one year in federal prison, with three years of probation.
Austin's probation stipulates, among other things, that (1) he cannot possess or access a computer of any kind without prior approval of his probation officer, (2) if his probation officer gives permission, the equipment is subject to monitoring and is subject to search and seizure at any time, without notice, (3) he cannot alter any of the software or hardware on any computer he uses, (4) he must surrender his phone, DSL, electric, and satellite bills, (5) he cannot associate with any person or group that seeks to change the government in any way (be that environmental, social justice, political, economic, etc.), and (6) he must pay over $2,000 in fines and restitution.
He has since been moved to isolation due to death threats from the Aryan Brotherhood within the prison, and then changed prisions without notification or without informing his family.

There have been hideous details throughout the trial, and back to when Austin's house was first raided when he was 18. The search warrant accused RaiseTheFist.com of containing "anti-government (primarily the United States), anti-capitalism, and militant messages that promoted communism." It described Sherman's participation in protests and demonstrations and contained information about him from when he was 14 years old.
Although the cops/FBI had been monitoring Raise The Fist for years, it was an article called 'the Reclaim Guide' - a rough bomb-making guide written by a young white guy from a nice conservative family - that formed the basis for Austin's case. Although Austin had nothing to do with writing the article, and had only allowed a link to be posted on RTF, it was him that was arrested and charged under anti-terrorism laws. During the trial, the judge, the prosecutor, the FBI, and the mass media all kept repeating the lie that Sherman Austin had written 'The Reclaim Guide', even though they knew this wasn't the case. This lie was constantly repeated in official court documents by the judge and the prosecutor, and there has been a concerted effort by the media to portray Sherman as the author.

What is most worrying about this case is the precedence it sets. Telling the courtroom that Austin's case has "national and international overtones," the judge said that he wanted to make an example of Sherman. He asked what kind of message four months in jail (the recommended sentence) would send to "some other revolutionary who wants to change the world."

Don't think this doesn't effect you because it does. Look at how the irish government nod to American policy. Think about May Day next year, about protests you might end up at anywhere else in the world. Think about things you've done or said or written and whether of not you're willing to do anything to retain your right to do and say and write what you want. Sherman Austin is 20 years old, he hosted an anarchist website and went to protests and organised gigs. He didn't write a bomb-making guide, he didn't make a bomb, he didn't do anything wrong. He was convicted because of his opinions and his beliefs and as an example to anyone else who might agree with him.
We need to be aware of how things are changing and we need to do something to stop them.
I'm posting the usual letter-writing details - if you can write a letter or an email or make a phone call, do it, it's something. If you can do more, then great, even better.

read more about the case and it's repercussions:
http://www.raisethefist.com/news.cg...3093t4a.article

posted from anarchomedia.cjb.net, where you can also get the standard protest letter:
write to
Institution where Sherman is being held:

Warden Captain C. Burris
Central Detention Center
Western Divison, San Bernadino
630 E. Rialto, CA 92408
Phone: 909-386-0969
Or send an email
[email protected]

For more information regarding the Central Detention
Center please go to:
http://www.co.san-bernardino.ca.us/...orr/CDC/CDC.asp
 
jesus that's scary stuff


hey treelo long time no see - how's cork working out for you?
 
A letter to my girlfriend

by Sherman Austin

I miss you. I haven’t been able to call anyone because I’ve been in the hole here at Oklahoma. They moved me up here last Tuesday. I was watching TV in one of the rooms, and the guards called my name, handcuffed me and put me in here where they keep the high security prisoners.

I’m locked in a cell 24 hours a day. The only time I can come out is for recreation twice a week, for an hour I think. Then I’m put in a smaller cage outside.

It’s like the place I was in when they held me last time, but my charges were dropped, so I was only there for a couple hours. I hope I leave this place soon. I shouldn’t be here much longer cause it’s been two weeks since I got here. Here in the hole, you only get a phone call every 30 days. It sucks.

I keep asking to speak with the lieutenant to find out why they put me here, but it seems like they are ignoring me. I asked for a legal call to a lawyer, and they won’t give me that either. I thought they had to.

I hope everyone isn’t too worried. I was hoping that everyone would find out that I was put here soon after they moved me. A few days ago I was asking one of the wardens why they put me here (in the hole), and he was like, “ I don’t know, something about your history with explosives, and you have to speak with the lieutenant about it.”

I hate it here - hopefully I’ll get moved soon - and their cells are cold all day. I’ve been reading and working out to make the time go by quicker.

I try to get some sunlight by the cell window. This time my cell actually has a view. I have something to look at. The prison is on a federal air force base, and planes take off and land every day. Occasionally I see some animals. I saw a couple of deer I think. I don’t know why they’re here, but there’s some farm or something below me that is part of the prison, because it’s behind wire.

The other inmates here are cool. I haven’t noticed any Nazis here. Mostly everyone is older. It’s pretty chill for the most part.

When I was in general population, before they put me in the hole, my cellmate was telling me all about the prison and what to expect and watch out for. He’s been locked up for the past decade. My cellie here in the hole is cool, too. He also tells me what to watch out for. He says I should do fine, and time will move quickly.

Most people up here are being transferred to United States penitentiaries (USP), which is a maximum-security federal prison. I’ve heard a lot about USP. People get killed all the time, so it’s a good thing they’re not sending me there.

Federal correction institutions (FCI) are medium-security prisons. Crazy stuff happens in FCI too, but it usually depends on the one you’re going to. I hear it’s pretty chill at the next prison I may go, but my cellie said it’s real bad. There are constantly fights, and it’s an FCI, so I’m glad I’m not going there yet. When I do go, I’ll go in the same day, so I won’t have to stay anywhere on holdover.

How is everything going on the outside? Any luck with an attorney yet? I hope my mom isn’t getting too stressed out.

My mom told me the letter to Dianne Feinstein was finished. I hope she reads it.

How are all the Wilmington folks doing? I miss going out and eating tofu, going to Wild Oats to get pizza, hanging out and going to the beach. How are the cats doing?

Can you try to get in contact with Dead Prez? I wanna see if they can play a benefit show. They’re hard to get a hold of though.

Anyway, I’m going to try to get some sleep tonight. I think it’s around 11 or 12 a.m. It’s hard to tell, because there’s no clock. It’s hard to sleep too, because the mattress is too hard and it’s not comfortable. Anyway, I hope you get this soon. Let everyone know that they put me in the hole.
http://www.sfbayview.com/100803/lifeinthehole100803.shtml
 
Twenty-year-old Sherman Austin is now in federal prison because of a website which was authored by another young man and linked to a free hosting area on Sherman’s site, www.raisethefist.com.
Sherman’s site has been an open one, available to anyone wanting to post articles or use space. This other young man’s site included crude instructions on how to make explosives.

Sherman was prosecuted under a 1997 law sponsored by Sen. Dianne Feinstein, which makes it illegal to distribute information related to explosives with the intent to use that information in a “federal crime of violence.”

The young man who authored the website with the bomb-making instructions has not been charged with anything, but Sherman is now in federal prison. The other young man is white and the son of wealthy Orange County Republicans; Sherman is African American and the son of a single mother with no property.

The key element in the case against Sherman hinged on the question of “intent,” and because Sherman’s site espouses anarchism and is critical of U.S. government policy, police brutality, globalization and racism, the prosecution and judge maintained that his politics provided grounds for intent.

Sen. Dianne Feinstein is not only defending this application of the law she sponsored, but she is encouraging prosecutors to use it more aggressively. This law has not been used against the white supremacist and anti-choice groups that host websites with more explicit information on how to build bombs and carry out acts of violence. Sherman, someone with no history of violence and who did NOT author the website with the illegal information, is the first person to be prosecuted under this law.

Sherman was told a PATRIOT Act “terrorist enhancement” would be applied to his case if he went to trial. This meant he would have been subjected to 20 years in prison if found guilty. Sherman accepted a plea bargain, which the judge, a Reagan appointee, subsequently rejected, sentencing Sherman to a term longer than what the prosecution suggested.

Sherman agreed to a plea that was rejected, but it’s also important to question how voluntary his plea was when he was threatened with the “terrorist enhancement.” This same judge ignored testimony from the court psychiatrist who said Sherman poses absoutely NO threat to anyone and is more likely to be victimized because of his peaceful nature. The judge also stated that he wanted to “send a message” to other activists.

Two days after entering prison, Sherman was moved into isolation because of death threats made by white supremacist groups. At that time, he was in a prison with a large “Aryan Brotherhood” population in San Bernadino, Calif. While efforts are underway to plan a withdrawal of his plea, his safety while in prison is of great concern.

One of the posted threats against Sherman read, “What I find funny ... niggers were found shot to death in their homes along with their nigger families, shows what niggers are. Dumb.” The threat was signed “Hail Hitler” by a person calling himself Himmler.

Intellectual Noam Chomsky said, “Sherman Austin appears to be the victim of a serious miscarriage of justice, and I hope this matter is pursued quickly, fairly and justly.” Chomsky made this statement after reading a letter signed by over 300 people so far, including Zack de la Rocha, formerly of Rage Against the Machine, Ozomatli, historian Howard Zinn, and the Indigo Girls, in support of Sherman Austin.

Unfortunately, the story of Sherman Austin hasn’t received a lot of media coverage. Please spread the word about this injustice towards humanity and do whatever you can to help ensure Sherman’s safety.

If you can, please make a donation to Sherman’s legal defense. You can make checks payable to Jennifer Martin, Sherman’s mother, or to Sherman Austin himself, and mail them to: Jennifer Martin, 12115 Magnolia Blvd. #155, North Hollywood, CA 91607. Letters of support to Sherman can also be sent to that address.

Send a message to Sen. Dianne Feinstein asking her to examine the misapplication of her law, 18 U.S.C. 842(p), in this case, or you may want to challenge the law itself. Ask her, too, to ensure Sherman’s safety in prison. Call her D.C. office at (202) 224-3841 or fax her at (202) 228-3954.

Adrienne Carey Hurley, Ph.D., is a Japan Studies postdoctoral fellow at the Stanford Institute for International Studies, Stanford University. To add your signature to the letter in support of Sherman, email her at [email protected]. Send your full name, the way you’d like to be listed and a verifiable home or work address, which will not be made public or shared.

http://www.sfbayview.com/100803/webmaster100803.shtml
 
i was actually on a couple of internet messageboard's with Sherman (rage against the machines and a couple of ezboards). he seemed cool enough but i always thought he was very paranoid. obviously he was right to be paranoid

i asked him for a link to raisethefist.com once in ratm.com chatroom, and he had actually redid the front page to tell the FBI to stop spying on him.

that's why i thought he was paranoid

but he did seem very cool, i really liked him

also their was a photo fanbook on RTF.com which features photo's of anybody from rage's board who wanted to post them, i had a photo of myself in it so now the FBI knows what i look like
 

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