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Kabat Trial Opening: Monday, April 30, 2001
To all Kabat Watchers:
For perhaps the first time in the atomic age, a federal court in Denver DID
NOT grant the government's "in limine" motion for wholesale suppression of
defense evidence in a nuclear silo trespass case--this time in the case of
Catholic priest, Carl Kabat, OMI.
However, in what amounted to a Solmonic decision, Magristrate Boyd Boland
of the 8th U.S. District Court divided the legal baby by ruling out the use of
international law (such as the Nuremberg Protocol) by the defense team
headed by flambuoyant Denver attorney Walter Gerash, acting pro bono.
In denying the sweeping motion desired by U.S. Prosecutor George Gill,
Boland made it clear that "Mr. Kabat" would be allowed "to testify as to why he
took the action that he took." At the same time, Boland ruled that the
prosecution would NOT be allowed to present any "past bad acts by the
defendant." Boland was referring to the chain of arrests and convictions of
Rev. Kabat in the past, which have caused him to spend nearly 15 years in
jail since the days of his first anti-war protest in Plains, Georgia in 1976.
Assistant defense attorney, Sue Tyburski, explained that this means Rev.
Kabat will be allowed to testify as to his conscience and moral motives
under symbolic free speech, all guaranteed by the First Amendment to the U.S.
Constitution. Rev. Kabat's actions on August 6, 2000, included placing a
ladder over the barbed-wire fence of missile silo N-7 in Weld County,
Colorado, in order to place upon the 300-ton concrete lid of a Minuteman III
the simple and symbolic presents of bread, wine and a hammer. Kabat claims
he took special care not to cause damage or harm.
In a printed statement at that time, broadcast by the bullhorns of the
military personnel who arrested him on site, Rev, Kabat called the silo "A
damnable place of death," and described himself as a "fool for God and
humanity" because he chose to dress himself in a clown costume. An
off-Broadway play, written by New York playwright Dan Kinch, was first
presented in real-life format in 1998 by the New York Lawyer's Guild. That
play commemorated an anti-war protest in 1994 by Kabat at a silo in North
Dakota on Good Friday which fell on April Fool's Day. The play, which has
been presented even in the Hague, Netherlands, is entitled, "A Clown, A
Hammer, A Bomb, and God."
Besides trespass by Kabat at the Colorado silo, the prosecution has cited
federal laws against sabotage as a reason for arresting Rev. Kabat. At the
same time, its own evidence submitted in discovery proceedings indicates
military personnel present for the arrest last August shows no damage to
anything at the site and states the Rev. Kabat was "not a threat" to
national security. The defense team is expected to exploit this legal facet.
After Boland's rulings, the rest of the Monday session, convening at 1
p.m., was consumed in selecting a jury of 12 for the misdemeanor (but criminal)
offense. If convicted, Rev. Kabat could face a jail term of up to one year.
Additionally, the state of Illinois has a warrant for Kabat's arrest,
suspended under bond pending the court decision, for violating his
probation by traveling without permission to Colorado last August.
At the opening of the court session Monday, Boland did grant the
prosecution motion to remove from the Courtroom 502 gallery all witnesses who might be
called later. This included Bill Sulzman, an anti-space-war activist from
Colorado Springs, who was arrested at the same time as Kabat last August.
The state of Colorado has passed Sulzman's charges to the federal domain, which
has taken no action against Sulzman to date.
If Rev. Kabat is acquitted of trespass charges, it would present the
Pentagon and NATO with a dilemma of how to proceed with its weapons planning
for military dominance in space as well as in the Western Alliance, given
the Cold War collapse of the Soviet Union and the recent bellicose challenge by
the U.S. of Red China.
Also excluded from the gallery of 50 Kabat supporters, until he is called to
testify, was Rev. Allen Maes, OMI, from the Oblate order of missionary
priests to which Kabat belongs. Maes had traveled from Minnesota to show
support for his fellow priest, along with Rev. Tom Hitpas, OMI.
Among other witnesses listed by the Gerash defense was one-time FBI fugitive
Daniel Berrigan, S.J., who helped to found the anti-nuclear Plowshares
Movement with Kabat more than 20 years ago. Plowshares has staged more than
100 protests worldwide since that time, while Kabat was transshipped among
dozens of federal prisons. Another defense witnesses listed is Hollywood actor Martin Sheen,
star of the TV series "West Wing." Sheen spoke last November at a rally of
10,000 people in Columbus, Georgia, outside the gates of Fort Benning, home
to the School of the Americas (SOA), training ground for the CIA "death
squads" of Iran-Contra infamy.
U.S.-sponsored Death squads are blamed for the assassination of Archbishop
Oscar Romero of El Salvador; four Maryknoll nuns; six Jesuit priests;
thousands of campesino peaseants throughout Mexico and Central America;
Archbishop Juan Gerardi of Guatemala; and Cardinal Posadas of Mexico. All of
these aberrations occurred around the time of the attempted assassination of
the present Pope.
Another of Rev. Kabat's activist companions is the excommunicated priest,
Philip Berrigan, who is serving time in Connecticut (at age 78) for
protesting the use of depleted uranium in bombs by the U.S. in the recent Balkan wars.
During Monday's hearing in Denver, federal prosecutor George Gill referred
to Rev. Kabat as possibly being "formerly" a Catholic priest, a reference
which caused Gerash to bristle. Privately, Gerash says he is prepared to
demonstrate that Gill's derogation of Kabat is not true, because Gill does
not understand the Church process of priestly faculties.
In fact, informed sources say Rev. Kabat remains a priest in good standing
with his missionary order and with the Vatican in Rome. However, Kabat is,
in effect, a priest without a parish in which to celebrate the Mass because the
federal government keeps putting him in prison for non-violent acts of civil
disobedience, much as Rev. Martin Luther King Jr. once did.
The ONLY potential non-white jury member, Richard Lucero, was discharged
from the jury for funeral hardship during voir dire proceedings. This underscores
Gerash's contention, previously submitted to Boland and denied by Boland,
that the jury selection criteria presents an automatic bias against minority
participation in the Constitutional guarantee of judgment of defendants by a
jury of their peers.
-- Bill Strabala
The law giveth and the law taketh - 2 May 2001
To all Kabat Watchers:
Message title sums it up. What Magistrate Boland seemed to be giving opening
day of Carl's trial, he pretty much took away the next day. Chalk up my
hopeful message of Monday to my naivete. No matter how often I used to cover
court things in my reporting days; I still get suckered by the process of
codified justice.
I will necessarily oversimplify, but Boland now says this is not a matter of
free speech, because the government can rightfully suppress it under the
conditions and place of the utterance for good cause (protection of
government assets against sabotage, for example.) This follows his earlier
decision to prohibit defense under the international law argument. The
magistrate's strategy is now clear: to slowly choke off all the grounds for
defense rather than do it with a single stroke, as other federal
gavel-pounders have done. I suppose this will set legal precedents that seem
to show a course of jurisprudence that is more convincing than simply
granting motions wholesale.
Despite Boland's assurance that he will let the defendant tell "why he did
what he did," in a sidebar at the bench, the magistrate described the
attempts to broaden motives into intent as a "clever means of making an end
run" around his prohibition against use of international law. This gives the
prosecution a chance to split motive from intent and then says Fr. Carl's
whole intent simply was to break the law, in this case, the misdemeanor act
of going over the fence into a government restricted area. His motives
(i.e., prevent nuclear holocaust and point out physical and moral dangers) may then
be declared irrelevant. By the time it reaches that point, Fr. Carl will be
left with no defense. This process has all the wrappings of a "fair trial."
The prosecution is still presenting its case, a procession of military and
police witnesses. However, Bill Sulzman, who assisted Fr. Carl at the silo
action testified early because he has to leave on a previously scheduled
trip abroad.
Bill, who is a former diocesan priest (Denver) gave a very passionate and
sincere witness. Under pressure from prosecutor George Gill, he insisted
that no laws were broken and that in fact, it was a sin of omission NOT to go
over the fence. (Bill steadied the ladder that Fr. Carl used and would have gone
over the fence himself, but has a metal hip that must be treated gingerly.)
Prosecution attempted to discredit him because he left the priesthood.
(Actually, his bishop did not like his peace activism and they agreed to
part company.)
In his opening remarks, crackling with emotion, Walter Gerash summed up the
case for Fr. Carl by taking the jury on "three journeys." One through Carl's
growing up years establishing an earnest and simple young man in search of
the truth; One through his maturation on the world mission scene which
acquainted him with the connection between poverty and Eisenhower's
"military-industrial" complex; and one showing the moral need for taking
action against nuclear arsenals and war. Gerash cited the pastoral letter
of the U.S. bishops condemning nuclear weapons. He also cited several generals
and admirals who, in retirement, retracted their support for nuclear weapons
and now recommend abolition. He noted that Fr. Carl had used all this
experience and utterances of military leaders to form his motives. Gerash is
quite an orator, so you had to be there to appreciate the full impact of his
remarks. There were some misty eyes.
Wednesday the prosecution should complete its case and see the start of
defense witnesses which may include an "offer of proof" (absent the jury) by
international law expert, Prof. Francis Boyle of the University of Illinois
(Champaigne). This is an effort to once again show the court why
international law is applicable to the case. Rev. Allen Maes, OMI, has
offered to be a character witness as has Bill Strabala, who has become a
biographer of Carl Kabat and other priest-prophets while writing a book
about "Prophets Without Honor, a Requiem for Moral Patriotism." (No, it's
not in print yet.)
Then, of course, Fr. Kabat will give 'em hell.
So far, it's been a roller coaster ride. Right now, we're at the bottom of
the loop. Don't want to make any predictions now, just wanted to give you
all a sense of how it's going.
Stay tuned. --Strab
Day Three (Wednesday) You be judge & jury
Kabat Breath-holders:
The pendulum swings a bit our way, thanks to the masterful manipulations of
Walter Gerash. Let me summarize, with the understanding that this is
interpretive on my part.
Prosecution has finished its case, mostly wondrously dutiful Air Force
personnel and one female FBI agent named Hukill. (I'll later send a short
list of names of other federal agents which are hard to come because they're
deleted in Freedom of Information documents.) Here's how the battle goes:
The law empowering any base commander to evict a trespasser says that law must
be published in the Federal Register annually. Defense established that such
was NOT the fact. (Judge still has that motion under advisement. If he
determines that defense is correct, he would have no alternative but to throw the case
out.)
Secondly, the prosecution may have tried to cover all the legal bases
by citing too many disparate and conflicting regulations. For example, all
base commanders are compelled under Code of Federal Regulations to issue a
"ban and bar" letter of warning for trespassers and cannot call for
trespasser's arrest until a second offense. This did not happen in Fr.
Carl's case.
b.) nothing less than crimes of war because of several violations of the
1907 Hague Convention and the Geneva Convention, subscribed to by all the
nations of the world including the United States. Those crimes include the
law of proportionality, which means that if , for example, a rogue nation
blows up a ship of the United States , it may not, in wholesale retaliation,
blow up the entire offending nation or its non-combative civilian population
c.) in violation of several nuclear weapons treaties to which the U.S.
is party and is bound under its own Constitutional laws concerning treaties
to honor.
d.) in contradiction of the 1996 determination by the United Nations
Court that nuclear weapons, especially in the thermonuclear category.
Just cause aside, it is more likely that Magistrate Boland will instruct
the jury to think only in terms of the law, which seems to have no regard
for moral intent or motive, by which most people operate and control their
lives.
In that gymnasium, conviction and jail for at least one year would be the
logical consequence. Then there is the matter of Fr. Carl's technical
violation of probation out of Illinois pertinent to previous charges for
which he has been already punished. Fr. Carl could be subject to another
three years in Illinois. He is now 67, but in relatively good health.
However, his siblings seem not to have an extended lifetime. So you may
judge as you will where the government is headed with this modern Don Quixote.
Well, it is late, and I am tired and I know there are several thoughts
I've left out. We'll play catch-up later.
The best from here, -- Strab
Day Three: Part Two, Carl's Journey
Kabat supporters:
As promised, Walter Gerash took the Kabat jury on a journey intended to be
an eye-opener to the moral and legal issues. Starting from Carl's farm boy days
in Illinois, the jury saw a naive youth become educated as a priest,
sensitive to moral issues. Then they followed him to the Philppines and
Brazil where Kabat told of watching people live in mud huts and seeing
thousands of babies die of malnutrition because so much of the world's money
was being spent on nuclear and other weapons. The jury saw Carl weep when he
recounted his return to the U.S. and realized "he didn't fit in" this First
World economy and society. This epiphany occurred when he opened his
mother's well-stocked refrigerator. The event set him on a lifelong mission
to attack the source of the problem: the economic drain of nuclear weapons.
Kabat recounted all this in an inimitable stream of consciousness style.
The jury was told another epiphany occurred in Kabat's life through Carl's
reading of the pastoral letter of the American bishops which condemned
nuclear weapons. When he realized that even Eisenhower thought armaments
were an economic burden to the poor and starving, his mission was confirmed.
Kabat recalled reading the nuclear condemnations of dozens of retired
generals and admirals even on moral grounds. This included Gen. Omar
Bradley's comment that "We have grasped the mystery of the atom and rejected
the Sermon on the Mount...Ours is a world of nuclear giants and ethical infants."
The jury also learned of Kabat's chain of protests at missile silos,
punctuated by sledgehammers. They learned of his skein of 15 years in prison
for repeated protests at nuclear arms sites. These included the first
Plowshares action at a missile plant in Pennsylvania, and the Good
Friday/April Fool's Day action at a missile site in North Dakota when he
first wore his trademark clown suit.
Finally, the journey concluded with the totally peaceful action at N-7
missile silo in Colorado August 6, 2000, when Kabat placed bread, wine and a
symbolic toy hammer on top of the silo lid and awaited arrest.
On Thursday, the prosecution will cross-examine Fr. Carl, and then both
sides will make closing remarks before the judge instructs the jury. The key to
the verdict will lie with how restrictive those jury instructions are. Jury
already has been told they must decide the facts under the law in spite of
any personal feelings to the contrary.
So we go into Day 4.
-- Strab
Guilty but victorious: Kabat
Kabat friends:
"We've already won," Carl Kabat said the day before a Denver jury declared
him guilty of trespass in less time than it took him to climb over the silo
fence and be arrested last august. Like a prophet, he was right, because
just minutes after his conviction, three teary-eyed children whom he had
entertained on Easter Sunday in a clown outfit were outside the Federal
Courthouse holding a big banner reading NO MORE HIROSHIMAS. It was the same
banner used at the missile silo site, being shown to the world this time by
a new generation touched by Kabat's actions.
Before the jury left, Kabat thanked them for their efforts and asked God's
blessing on them. As the jury filed out of the courtroom, one juror
respectfully and silently saluted Kabat, seated at the defense table. This
was taken as a signal that at least one juror had been forced to act against
his conscience according to the strict instructions of Magistrate Boyd
Boland. As soon as the jury left, Kabat asked for immediate sentencing, but
the judge said he was unable to do that because of the requirements for
pre-stentencing hearing. Carl's pro bono attorney, Walter Gerash, offered to
appeal his case, but Kabat could not be persuaded.
"I'm through cooperating with an evil system," Kabat told the magistrate. "I
ask you to revoke my bond and have someone put me in jail. Otherwise, I
leave here and make myself available for arrest at the home where you know I am
staying." He flourished a handwritten note on which he had scribbled his
demands. After the flustered judge consulted with the prosecutor and his
companion FBI agent, Boland revoked bond and Carl was taken by the FBI agent
to jail (presumably in Denver) for pickup by U.S. marshals. He was given a
chance to embrace and thank his friends and supporters in the cause of
nuclear weapons protest.
(Kabat's co-counsel, Susan Tyburski, is attempting to find out where Kabat
will be imprisoned and I'll let you know asap. It will take from 6 to 8
weeks for sentence to be imposed, according to Magistrate Boland. I...)
WOW! Just as I was typing this report, I got a call from Vicki Makings, one
of the jurors. She called to try to get a message to Fr. Carl. JUST LET HIM
KNOW WE FELT VERY CONSTRAINED BY THE INSTRUCTIONS. I WANT HIM TO KNOW HOW
MUCH HE TOUCHED US AND WE ALL WENT HOME EVERY NIGHT THINKING ABOUT HIM. WE
FELT THE PASSION AND MESSAGE HE CONVEYED AND WE WERE LOOKING FOR A WAY OUT
FOR HIM. She added that the speed of the verdict was a result of the very
narrow consideration the court mandated. (That is, whether or not Carl went
over the silo fence.)
Friends, obviously there is more at work here than just Carl Kabat! But
then, I guess we all knew that...this just confirms it. Once again, Carl's
prophecy is right, "we have already won."
It may by now be anti-climactic, but I'll proceed to flesh out the day's details.
As you know from my earlier message, prosecutor Gill told that same jury
FREE SPEECH STOPS AT THE WIRE. (This was during his closing argument). Obviously,
wire doesn't stop Carl's spirit and thought, because the jury in their
hearts did not believe Gill or the government or the silent message of death Gill's
wire protects.
As Thursday May 5 began before the jury was called to the courtroom Boland
blithely proceeded to dismiss three motions for acquittal by the defense.
One motion charged a fatal technicality in the government's case, that is, the
lack of publication in the federal register of the ingress/egress laws at
the silo. Judge ruled the sign posted on the fence at the silo was adequate.
Another motion charged there was no evidence of sabotage as cited in the
charges against Carl. Judge ruled the motion was based on a
misinterpretation of the statute.
Third motion was on the basis that the U.S. laws and practice in the matter
of nuclear missile policy violated international law because the
first-strike indiscriminately destructive weapons are a war crime under
Nuremberg Protocols and international law and under definitions set forth by
the U.S. in its Army Field Manual. This was testified to the previous day in
the the expert testimony of Prof. Francis Boyle of the University of
Illinois. Boland ruled the motion amounted to an end-run around his previous
ruling against applying international law in the case and so he rejected it.
Let me explain here a point I failed to make in yesterday's account. The
case law upon which the rejection of international law by Boland is based is:
U.S. v. May. I will have to paraphrase, but in essence it says that a federal
court may not sit in judgment of government because this would usurp the
powers of the U.S. Constitution.
Now, I'm going to break away and finish this report later, because I've got
a call from Michael DeYoanna of the CU DAILY. He was unable to cover the trial
as planned because of other editorial duties.
More later--Strab
Kabat friends:
Where was I? Oh, yes, the case law cited by Boland which seems to bar
international law from federal courts. I think it's important for anyone
facing trial in federal court to be aware of this.
In his closing, Prosecutor Gill made much of the fact, published in a local
newspaper that Fr. Carl had left his residence in the Oblate community
without permission of his superior, mentioning David Kalert. The inference
was that Kalert would have told Kabat that what he planned to do (trespass
at a missile silo) was wrong. (There had been extensive questioning of Carl
about the circumstances of his assignment to St. Henry's during the previous
day's cross-examination.) Then he gave the jury what may become known as
THE GILL DOCTRINE: FREE SPEECH STOPS AT THE WIRE.
To put Gill's views into better perspective, Gill uttered another
constitutional clinker last summer during one of Carl's pre-trial hearings
on the issue of personal recognizance bond. Gill announced at that time: CARL
DOES WHAT HE DAMN WELL PLEASES. A courtroom observer was heard by this
reporter to mutter under his breath: THAT PRETTY WELL SUMS UP WHAT OUR
COUNTRY IS SUPPOSED TO BE ALL ABOUT.
Now, back to the present: In dramatically modulated tones, Gerash
summarized for the jury why they should and could declare Carl Kabat not guilty. This
included the evidence that Kabat believes the missiles were a crime
threatening billions of people and BECAUSE THAT WAS IN HIS MIND AS A MATTER
OF INTENT AT THE TIME HE CROSSED THE SILO FENCE, HE COMMITTED NO CRIME. As
an illustration, Gerash said if there were a mountain lion mauling a baby
inside the fence and someone such as Kabat crossed that fence to rescue that baby,
there would be no crime and no arrest. "Now think about 4 billion people and
their babies," Gerash said, his voice cracking. "That's what those missiles
do." Gerash concluded by looking at prosecutor George Gill and said "I'd be
ashamed to prosecute this case."
During a long recess at which the prosecution and the defense and the judge
argued over the wording of the instructions to the jury, the Gerash team was
successful in modifying slightly the legal distinctions between intent and
motive. Under the law, intent and motive are two things that the jury must
think of as separate. INTENT is the state of mind in which an act is
committed. (State of Mind). MOTIVE is what causes a person to act. The
prosecution and the instructions tended to focus on Carl's intent of
breaking the law by the act of going over the fence, which he knew to be wrong. Under
this scenario, motive becomes irrelevant. However, defense opened a small
window to include Carl's motive as an factor influencing his intent.
That particular instruction to the jury was worded: "The motive of the
defendant is immaterial EXCEPT INSOFAR AS EVIDENCE OF MOTIVE MAY AID IN
DETERMINING THE STATE OF MIND OR INTENT OF THE MOTIVE.
It was within this narrow framework that the defense placed all the evidence
of greater moral law, illegality of missiles, and Kabat's motives, hoping
that the jury would see this window of opportunity to free Carl. However,
this subtlety was apparently lost on the jury which had more than 20 other
instructions to consider. If the jury had given this modified instruction
more weight, they might have found Kabat not guilty.
-- Strab
Kabat Verdict
Fr. Carl Kabat sends good news:
He is guilty!
The best part is the newest slogan that his persecutors have given the
nuclear resistance movement. It comes from the lips of his federal
prosecutor, George Gill, who said in Denver's 10th Judicial Court on May 5, 2001:
"FREE SPEECH STOPS AT THE WIRE." (Reference is to the chain link/barbed
wire enclosures of missile silos.) Suggestion: anywhere the government puts up
a barbed wire fence, it can stop anyone from speaking freely and will imprison
us for doing so, because it has the laws and the power, protected by its
self-serving courts and courtesans such as Gill, to do so.
For that reason, I suggest that peaceful people outraged by the federal
government and all those associated with the prosecution of Father Carl
Kabat, OMI, now engage the government in a bloodless "war" of free speech
and ideas on a scale equivalent to patriots such as Thomas Paine, Thomas
Jefferson, George Washington, Abraham Lincoln, Theodore Roosevelt, Woodrow
Wilson, Franklin Delano Roosevelt, and John F. Kennedy. This waging of peace
may very likely be initiated, using free speech and freedom of the printed
word, at the Federal Building in Denver, where U.S. attorney Gill dropped
the government gauntlet.
By way of legal Constitutional protection, this notice should not be
construed in any way as a threat of any kind of violent action and should
not be construed as an invitation to violence by anyone. On the other hand, any
restraints, coercion, or contravening interdiction by law enforcement
officers in contraint of people exercising their constitutional rights to
peaceful protest will be construed for what such illegal actions mean under the law.
As to the conviction of Rev. Carl Kabat, people who receive this original
message will receive the details about courtroom events on the final day of
Fr. Carl's trial. The account is my own, sent for reflection and personal evaluation.
The time for showing the world how to wage peace has arrived, thanks to the
action of Carl Kabat and Bill Sulzman and Sacchio and Kim and friends, (not
to mention the thousands of others going back to Dan and Phil Berrigan.)
Prepare the "Gill Banner", good friends, to spread the good news in
preparation for a day soon when the proliferation of such banners will
flower at some innocent signal which we all will recognize. Peace has arrived in
the form of this ostensibly unjust decision about Carl. On the other hand, it is
just for those who, like Carl, know what that means. When people are
unjustly imprisoned by the system, then it is time for every just man and woman to be in prison.
So use, by whatever pronouncement or platform of peace you select, the
quote offered by U.S. attorney George Gill: FREE SPEECH STOPS AT THE WIRE. Are we
in violation if our cries for peace and an end to war echo beyond the barbed
wire? As Carl said at his trial, "If we are not responsible, who is?"
Gill has been offered by me, personally and face to face in the presence of
the FBI agent (surname, Hukill) who took Carl prisoner, a chance to journey
with a peaceful group to a missile silo in Colorado. This happened while
awaiting the verdict of the Kangaroo jury that convicted Carl Kabat in less
time than it takes most juries to elect a foreman. (45 minutes) Obviously,
they wanted to go home on time despite issues of moral motive and intent.
So let's give Gill a shrine in history wherein he described this case would
settle. Give him full credit for history's sake, as the U.S. attorney from
the 10th District (check me on that number is it 8th or 10th?) . Let's
remember Gill's words when he told the jury "He (Kabat) is not afraid of
jail, he is not afraid to suffer the consequences, so give him what he
wants, and make him suffer the consequences of his action." (Notice the active and
punitive verb, SUFFER.) I guess that's what sadistic prosecutors have
always done whether in Germany or in these disunited states which have not been
free since Vietnam. As Carl's attorney, Walter Gerash said in his closing in
reference to Gill, "I'd be ashamed to prosecute this case."
Besides Gill, Magistrate Boyd Boland gave Gerash good reason to make such a
bold statement when he said during a sidebar (loud enough for the jury to
hear) that he (Boland) doubted that Kabat had read the material which he
testified to reading. Boland subsequently denied a motion by Kabat defense
to declare a mistrial.
Here's the point, folks. Let's network. Send the messages I send you to
every peace loving group you can, to help raise the consciousness, if not the
righrful rage, of the American public.
There's more to follow. Right now it's very late and I've got to sleep.
"They cry peace, peace, but there is no peace."
-- Strab
In the other events of the day, Prof. Francis Boyle weighed in as an
expert in international law, with world-recognized credentials in that arena
(Palestine, nuclear weapons, the Balkans, United Nations, etc.) Although he
was barred from testifying on matters of international law as being superior
to U.S. law, Boyle was allowed by Magistrate Boland to present testimony
that reflected on INTENT (why Kabat did what he did). Under discussion of that
protocol, interrupted by numerous and heated sidebars, jurors learned that
Minuteman III missiles (which Carl protested and for which he is being
tried) were:
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