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<H1>Why Is Illinois Putting ‘NATO 3′ On Trial For Terror?</H1></DIV>
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</SPAN><BR><SPAN class=cat-date-line4>By Kevin Gosztola, <A
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<P>Three activists known as the “NATO 3″ are scheduled to go on trial
tomorrow in Chicago. They were arrested days before a North Atlantic
Treaty Organization (NATO) summit in the city in May 2012 and later
indicted on terrorism and other felony conspiracy charges.</P>
<P>The trial will be significant as it involves a state terrorism law. The
defense has also suggested it is significant that the state of Illinois,
not the federal government, has prosecuted the case. The judge has even
apparently asked why the federal government is not prosecuting the case,
suggesting something must be wrong with it.</P>
<P>Undercover police were involved. They conducted a surveillance
operation that involved infiltrating Occupy Chicago, an action at a
local <A id=_GPLITA_4 title="Click to Continue > by Start Savin"
href="http://dissenter.firedoglake.com/2014/01/20/why-is-the-state-of-illinois-not-the-us-government-putting-nato-3-on-trial-for-terror-conspiracy/#">health</A> clinic,
etc, for at least a month prior to the summit. The conduct of the
undercover police involved strongly suggests they played some role in
pushing the activists to allegedly prepare Molotov cocktails.</P>
<P>Brian Church, 22, of Fort Lauderdale, Florida, Jared Chase, 29, of
Keene, New Hampshire, and Brent Betterly, 25, who lived in Massachusetts,
were each arrested along with six other people in a <A
href="http://dissenter.firedoglake.com/2012/05/17/police-preemptively-raid-apartment-arrest-activists-ahead-of-nato-summit/">preemptive
raid</A> by Chicago police on an apartment unit in Bridgeport,
Chicago, on May 16. As <EM>Firedoglake </EM>reported, they were
disappeared and <A
href="http://dissenter.firedoglake.com/2012/05/18/activists-raided-arrested-ahead-of-nato-summit-continue-to-be-held-without-charge/">held
without charge</A> (along with others who were arrested) until
Thursday, May 17. Then, those arrested were released. By late Friday, May
18, the NATO 3 were the only activists in jail and early on Saturday, May
19, it was <A
href="http://dissenter.firedoglake.com/2012/05/19/three-activists-arrested-in-night-raid-still-in-jail-ahead-of-nato-summit/">announced</A> they
would be charged with “material support for terrorism, conspiracy to
commit terrorism and possession of explosives or explosive or incendiary
device.”</P>
<P>On June 13, they were <A
href="http://dissenter.firedoglake.com/2012/06/13/the-indictment-of-nato-protesters-on-terrorism-charges/">indicted</A> on
those charges and also charged with “possession of an incendiary device,
attempted arson, solicitation to commit arson, conspiracy to commit arson
and two counts of unlawful use of a weapon.” That brought the total number
of charges the activists faced to eleven. But, in the past week, four
charges—two counts of “unlawful use of a weapon” and “counts of conspiracy
to commit arson and attempted arson”—were dismissed by prosecutors <A
href="http://abclocal.go.com/wls/story?section=news/local/chicago_news&id=9393644">without
explanation</A>.</P>
<P>The three activists have been incarcerated since they were arrested,
since bail was <A
href="http://www.cnn.com/2012/05/19/us/nato-terror-suspects/">set</A> at
$1.5 million for each of them.</P>
<P>The constitutionality of the terrorism charges was <A
href="http://dissenter.firedoglake.com/2013/01/25/illinois-state-terrorism-laws-constitutionality-challenged-by-lawyers-for-nato-3/">challenged</A> by
their defense lawyers. They alleged the state had sought to “maximize the
sensationalism of the announcement of charges the day before a massive
non-violent anti-NATO protest in Chicago in order to discourage and
frighten people from attending the protest, and to justify the massive
expenditure of public and private dollars to host and provide <A
id=_GPLITA_6 title="Click to Continue > by Start Savin"
href="http://dissenter.firedoglake.com/2014/01/20/why-is-the-state-of-illinois-not-the-us-government-putting-nato-3-on-trial-for-terror-conspiracy/#">security</A> for
the NATO conference.”</P>
<P>A <A
href="http://peopleslawoffice.com/nato-3-defendants-file-challenge-to-illinois-terrorism-statute/">motion</A> arguing
the charges were unconstitutional further claimed, “The prosecution filed
a press release under the guise of a bail proffer, calling the defendants
terrorists and anarchists, and alleging a series of violent acts, none of
which ever occurred. Because of the vague parameters of the statute, the
State was able to proclaim the defendants to be ‘terrorists’ without any
evidence that they ‘intended to intimidate or coerce a significant portion
of the civilian population,’” which is part of what must be proven to
convict them of “terrorism” under the state’s law.</P>
<P>Defense attorney Michael Deutsch asked during oral argument, “How can
you charge someone with terrorism without an act of force, violence or a
violation of federal or state law?” He suggested the statute was being
applied in an overly broad manner and could be used to prosecute vandalism
or property destruction, which an Illinois state representative had been
concerned about when the state terrorism law was passed.</P>
<P>But Cook County Judge Thaddeus Wilson <A
href="http://articles.chicagotribune.com/2013-03-27/news/ct-met-terrorism-law-constitutional-20130328_1_terrorism-case-terrorism-law-brian-church">did
not find the law</A> was vague or overreaching as the defense argued.
It had been passed after the September 11th attacks “due to the grave
nature and global reach of terrorism.” He would not dismiss the charges
against the “NATO 3.” He also indicated the allegations made by
the state went “well beyond garden-variety misdemeanor and felony charges
commonly associated with protests.”</P>
<P>According to “<A
href="http://freethenato3.wordpress.com/court-documents/court-notes/">informal
court notes</A>” posted by the “Free the NATO 3″ blog, there was a police
surveillance operation that likely involved the FBI, Homeland <A
id=_GPLITA_7 title="Click to Continue > by Start Savin"
href="http://dissenter.firedoglake.com/2014/01/20/why-is-the-state-of-illinois-not-the-us-government-putting-nato-3-on-trial-for-terror-conspiracy/#">Security</A>,
Secret Service and Chicago police, including the undercover cops, who are
known as “Mo” and “Gloves.” Alleged text messages were sent between
defendants and undercover cops, however, they were not preserved and
little to nothing was done to get copies of these messages from service
providers.</P>
<P>The defense told the court that police personally deleted text messages
that were related to the case and had even gone as far as to
destroy <A id=_GPLITA_5 title="Click to Continue > by Start Savin"
href="http://dissenter.firedoglake.com/2014/01/20/why-is-the-state-of-illinois-not-the-us-government-putting-nato-3-on-trial-for-terror-conspiracy/#">phones</A> that
had been used. In what could be considered quite an understatement, the
judge said this “might be problematic” and prosecutors were instructed to
investigate and retrieve any text messages, phone numbers or time logs of
text exchanges that were still available.</P>
<P>At each pretrial hearing, the state has sought to make it appear that
this is not a case that the federal government would have pursued if they
thought they could win. However, the FBI and Secret Service <A
href="http://freethenato3.wordpress.com/court-documents/court-notes/final-pre-trial-conference-pt-4/">worked</A> “hand-in-glove”
with Chicago police for months, according to Chicago police chief Garry
McCarthy.</P>
<BLOCKQUOTE>
<P>…Because of the charges they brought, the state now has to prove
terrorism, whereas the defense has argued over and over that they cannot
imagine how they are going to prove these charges. How could four
bottles with gas and a bandanna be used as a weapon of mass destruction,
[Durkin, one of the defense lawyers, asked]. He also said that the state
has been arguing that the defendants came into town with a bomb in their
car and the police found it, so the defense could not wait to go to
trial on these charges. He also pointed to another part of the press
conference video [plays video where McCarthy says they had been working
“hand-in-glove” with the FBI and Secret Service for months,
communicating and passing along information]. Durkin said that it was
mind boggling that they could say the Secret Service was not involved
after this press conference. This state is about justifying the money
spent on NATO, Durkin said. This was not a selective prosecution
argument but it goes to the credibility of the witnesses, mostly the
cops. He also pointed to some emails in the discovery, notably #7470,
which is an email from the Secret Service Chicago Field Office that says
that there was no danger of any plot happening on May 19, 2012, three
days after the defendants were arrested. This email says the defendants
discussed damage to the headquarters but did not surveil the
headquarters…</P></BLOCKQUOTE>
<P>The Secret Service, according to defense <A id=_GPLITA_0
title="Click to Continue > by Start Savin"
href="http://dissenter.firedoglake.com/2014/01/20/why-is-the-state-of-illinois-not-the-us-government-putting-nato-3-on-trial-for-terror-conspiracy/#">attorneys</A>, looked
into a threat made against President Barack Obama’s campaign headquarters.
It turned out they could not substantiate the threat.</P>
<P>Over the course of pretrial hearings, a third undercover cop was
revealed: Patrick Lee Palmer posed as a street medic.</P>
<P>Judge Wilson doubted a claim by the state that the police infiltrators
had met defendants at a party after a May Day march in 2012 without the
assistance of prior surveillance. He said he would give the defense wide
latitude to figure out whether it really was true.</P>
<P>There was a post-arrest statement from Church that the state had
planned to use against him. They now will not be using it, as the defense
has argued it was unconstitutionally obtained after he had been chained up
for 17 hours while being denied access to legal counsel.</P>
<P>Moreover, the defense is wary of how a jury will respond to the state
if it <A
href="http://freethenato3.wordpress.com/court-documents/court-notes/final-pre-trial-conference-pt-1/">emphasizes</A> the
three are “anarchists” or believe in “anarchism.” They are afraid that the
state will use the phrase “black bloc,” which can easily be associated
with protests that involve property destruction, to convince a jury that
these young men would have engaged in acts of domestic terrorism if they
had not been stopped.</P>
<P>One of the state prosecutors even said they believe the three are “part
of the black bloc intrigue,” and their anarchism would help show their
motives, which raises the question: How much of this case is predicated on
the political beliefs prosecutors believe these three men happen to
have?</P>
<P>Unfortunately for the defense, the judge denied a motion to prohibit
the state from using these charged words, which could be used to instill
fear in jurors.</P>
<P>The state prosecutors sought to prohibit the defense from arguing at
trial that the “NATO 3″ were victims of vindictive prosecution. They also
sought to preclude the defense from arguing an entrapment defense. The
judge granted the motion to prohibit arguments that the three were being
vindictively or even selectively prosecuted while allowing an entrapment
defense.</P>
<P>Last week, it became clear that the court would be limiting public
access to the trial. “Spectators” or members of the public were informed
that they would have to go to the courthouse on Friday if they expected to
attend the first day of the trial on Tuesday. They would have to give a
state-issued ID to the Cook County Sheriff’s Office so they could be put
through a <A id=_GPLITA_1 title="Click to Continue > by Start Savin"
href="http://dissenter.firedoglake.com/2014/01/20/why-is-the-state-of-illinois-not-the-us-government-putting-nato-3-on-trial-for-terror-conspiracy/#">background
check</A>. If they were cleared, they would be able to attend the trial.
This would have to be done each day of the proceedings.</P>
<P>As David Shapiro, an assistant law professor at Northwestern
University, and Alan Mills, the legal director of the Uptown People’s Law
Center, wrote in the <A
href="http://www.suntimes.com/news/otherviews/25017683-452/chicago-nato-3-trial-limits-public-access.html">Chicago
Sun-Times</A>:</P>
<BLOCKQUOTE>
<P>There is reason to fear that the restrictions in the NATO 3 case will
cause interested members of the public not to show up. Those who do
attend will be chilled in their discussion of what they observed in the
courtroom. The net effect will be to deprive the public of full
knowledge of how the prosecution unfolds against the three men who were
arrested on terrorism charges before world leaders gathered in Chicago
to attend the 2012 NATO summit. Their <A id=_GPLITA_3
title="Click to Continue > by Start Savin"
href="http://dissenter.firedoglake.com/2014/01/20/why-is-the-state-of-illinois-not-the-us-government-putting-nato-3-on-trial-for-terror-conspiracy/#">attorneys</A> contend
the three men were charged based on “idle chatter, laced with bravado
and abetted, encouraged and egged on by the undercover police
agents.”</P>
<P>“What transpires in the courtroom,” the Supreme Court has said, “is
public property.” Secret trials create an opening for the unsupervised
abuse of power and erode public faith in the judicial process. It is for
this reason that the Founders of our Republic abhorred secret
proceedings — Star Chambers, as they were called in 16th Century England
— and held public trials sacred. When Aaron Burr stood trial for
treason, Chief Justice John Marshall moved the trial to the Virginia
House of Delegates because the courtroom was too small for all who
wished to attend…</P></BLOCKQUOTE>
<P>Jerry Boyle, a Chicago lawyer, considers forcing “spectators” to submit
to <A id=_GPLITA_2 title="Click to Continue > by Start Savin"
href="http://dissenter.firedoglake.com/2014/01/20/why-is-the-state-of-illinois-not-the-us-government-putting-nato-3-on-trial-for-terror-conspiracy/#">background
checks</A> an aspect of the “security theater” that will be on
display during the trial. (Already, defense lawyers have complained about
the number of sheriffs in the courtroom with bulletproof vests.)</P>
<P>There’s also a ‘decorum’ order that activists consider to be “so
sweeping that one could conceivably be ejected from the courtroom and
cited for criminal contempt for raising an eyebrow or shaking one’s head
at testimony — or even smiling at a defendant.”</P>
<P>A press release from organizers of the May 2012 NATO summit protest
adds, “The order also bans political buttons, t-shirts, armbands and
perhaps even particular colors should they be deemed by court officials to
represent a partisan political statement. Members of the public who exit
the courtroom at any time, including to use the bathroom, will not be
readmitted unless the court recesses.”</P>
<P>The judge actually considered banning “spectators” from having pen and
paper to take notes during the trial.</P>
<P>What are the state’s motives in prosecuting this case? Will they have
more to present at trial than sensational hyped allegations based on what
police infiltrators allegedly got the NATO 3 to say to them prior to
arrest?</P>
<P>Many will recall that I spent more than one and a half years covering
the court martial of Chelsea Manning. It is my sense going into this trial
that the Cook County Sheriff’s Office will be putting on a trial that
undermines the public’s right to access much more than the US military did
during Manning’s court martial. I expect officers in the courtroom to be
much less understanding than military officers who were in charge of
maintaining decorum.</P>
<P>I already can inform those who follow my work that it is much more
difficult to obtain press credentials. In addition to the normal press
pass, I have to prove to the Sheriff’s Office that Firedoglake is a
business or corporation by showing some kind of license. I have to show a
letter from my editor too. All the public affairs office of the military
required to give me credentials were basic details like the name of the
media organization I represent, my name, my phone number and my editor’s
email.</P>
<P>Nonetheless, I will be there covering the NATO 3 trial and reports on
proceedings will be posted here throughout the week, regardless of whether
the Sheriff’s Office agrees to give me press credentials or not</P>
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