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Judge Dismisses Ashcroft
Attempt To Stifle Greenpeace
BushGreenwatch.org
5-20-4
 
The Bush Justice Department's prosecution of Greenpeace, sparked by the environmental group's peaceful protest against the importation of illegally harvested mahogany, was thrown out yesterday afternoon in Miami.
 
Federal Judge Adalberto Jordan accepted Greenpeace's contention that the U.S. government provided insufficient evidence to support its claim that Greenpeace had violated an 1872 law against "sailor-mongering."
 
The Ashcroft Justice Department brought the charge some 15 months after two Greenpeace volunteers boarded a ship three miles off the Miami coast in February, 2002. The volunteers were attempting to hang a banner calling on President Bush to stop illegal logging. They were arrested and served one weekend in jail.
 
The cargo ship was carrying 70 tons of mahogany that had been illegally cut in the Brazilian Amazon. The Justice Department brought no charges against the shipper, despite the fact that the importation violated both U.S. law and international treaties. [1]
 
Speaking from the steps of the Miami Federal Courthouse, Greenpeace USA Executive Director John Passacantando said "America's tradition of free speech won a victory today, but our liberties are still not safe. The Bush Administration and its allies seem bent on stifling our tradition of civil protest, a tradition that has made our country stronger throughout our history."
 
The case marked the first federal indictment targeting an entire advocacy group for its protest tactics. Many U.S. nonprofit organizations viewed the Greenpeace case as the first step in an effort to stifle dissent. Ralph Neas, president of People for the American Way, said "Unfortunately, the continuing pattern of intimidation against those who dare to disagree with the government's viewpoint is undermining the vitality of our constitution and the vibrant, free nation in which we live."
 
Julian Bond, chair of the NAACP, said the decision reaffirms the crucial role of dissent in a democratic society. "I share the sense of relief that Greenpeace must feel," said Bond. "But this prosecution is a strong reminder that we can never let our guard down, that Americans' indispensable right to civil disobedience requires our constant vigilance."
 
Greenpeace has been working closely with the Brazilian government to block the illegal harvesting of mahogany in the Amazon basin. A member of the Brazilian Chamber of Deputies, Hamilton Cassara, came to Miami to testify on Greenpeace's behalf. But Judge Jordan dismissed the case after U.S. attorneys finished their arguments, meaning Greenpeace did not have to present its defense.
 
The 1872 sailor-mongering law was enacted to keep houses of ill-repute from luring sailors off their ships with offers of harlots and strong drink. There is no record of its having been applied for over a century.
 
SOURCES: [1] BushGreenwatch, Dec. 10, 2004 and May 17, 2004.
 
http://www.bushgreenwatch.org/mt_archives/000122.php


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