On Jan 25, 2011, anti-war activists subpoenaed by the Federal Bureau of Investigations (FBI) refused to appear before a grand jury in Chicago. They and other activists who had their homes raided in September 2010 characterize the grand jury investigation as a “fishing expedition” to suppress the anti-war movement and infringe on their First Amendment rights. Three of the activists were offered immunity and risk being held in contempt of the court and could be sent to jail for the duration of the grand jury (approximately one year). On the same day, thousands of people held protests around the country in support of the activists.
Maureen Murphy, one of the subpoenaed activists released a statement explaining why she did not testify. In part, her statement said, “No crime has been identified. No arrests have been made. And when it raided several prominent organizers’ homes and offices on Sept. 24, the FBI acknowledged that there is no immediate threat to the American public. So what is this investigation really about?”
According to the FBI, the raids on 14 anti-war and international solidarity activists in September 2010 were based on “evidence in support of an ongoing Joint Terrorism Task Force investigation into activities concerning the material support of terrorism.” FBI agents seized financial records, personal documents and advocacy materials from the homes and offices of members of the Freedom Road Socialist Organization (FRSO) and the Twin Cities Anti-War Committee (AWC). Invoking their Fifth Amendment rights, the 14 activists who initially received subpoenas declared that they would refuse to take the stand. In response to widespread protest, the U.S. Attorney’s office in Chicago cancelled the subpoenas. In late 2010, however, subpoenas were issued to at least 23 activists. Three of the activists, Tracy Molm, Ana Pham and Sarah Martin, were offered immunity in exchange for their testimony, meaning if they refuse to testify, they could face a civil contempt charge and a prison sentence of about a year.
On Jan. 25, thousands of demonstrators gathered in front of regional FBI offices across the country to support them. In Minneapolis, nearly 250 people stood outside a federal building and chanted, “From Minnesota to Palestine, solidarity is not a crime.” Other cities, such as Albany, NY Louisville, KY and Tuscon, AZ, also hosted to demonstrations. (Brief reports from the rallies held in different cities can be found here.)
Speaking at the Minneapolis event, Jess Sundin of the AWC criticized the legal framework that targets activism. She said the law “criminalizes simple acts of solidarity that should be protected by our constitutional rights to freedom of association, speech, travel and dissent. These freedoms are also protected under international law.”