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Government dusts off 1800s law in targeting environmental group Greenpeace
Associated Press ^ | 1/22/04

Posted on 01/23/2004 5:45:34 PM PST by optimistically_conservative

MIAMI -- When prosecutors brought charges against Greenpeace for protesting a shipment of Amazon mahogany, they dusted off a 19th century federal law enacted to stop pimps from clambering aboard ships entering port.

Environmentalists call the charges a heavy-handed attempt to stifle free speech and say the government is retaliating against Greenpeace for previous in-your-face protests against the Bush administration.

The federal government has never successfully prosecuted an entire activist organization on criminal charges over its protest methods -- not Operation Rescue, not the NAACP, not even the Ku Klux Klan.

"It's an incredible abuse of power, and this is nothing short of political retribution," said Sierra Club spokesman Eric Antebi. "We think this sets a horrible precedent for political intimidation of public interest groups."

Environmentalists want a judge to throw out the indictment and release Justice Department records on why charges were brought under an 1872 law that had not even been used since the 1800s. The judge is expected to rule sometime early this year on the requests by Greenpeace, the Sierra Club, the American Civil Liberties Union and other supporters.

Defending the prosecution in court last month, Assistant U.S. Attorney Cameron Elliot insisted, "There is no evidence that the government has discriminated against Greenpeace because of its political views."

The group's vocal opposition to the federal government "makes it no different from thousands of other political advocacy groups," he said.

The mahogany protest came as the 965-foot APL Jade approached Miami Beach on April 12, 2002. Two Greenpeace protesters jumped aboard the ship more than three miles from shore, wearing shirts emblazoned "Greenpeace illegal forest crime unit" and carrying a banner reading "President Bush, Stop Illegal Logging." The ship's crew kept them from unfurling the banner.

Six activists were arrested on federal misdemeanor charges, and the indictment against the organization based on the old law came 15 months later.

The law was enacted to keep brothel operators from infiltrating ships "about to" dock. Pimps and others from brothels would row out to the vessels and persuade the sailors to jump ship with them or come over after docking. The sailors were then wined, dined and separated from their money.

Greenpeace maintains a ship moving at 10 mph three miles at sea is not covered by the "about to" dock requirement. The prosecutor retorted that an 1890 conviction was based on a boarding at the mouth of Oregon's Columbia River 50 miles from its dock in Portland. In the only other conviction on record, a New York judge who examined the law the year it was enacted called its language "inartistic and obscure."

One reason Greenpeace is fighting so hard is the potential punishment: a $20,000 fine and five years' probation, which could hinder the organization's use of civil disobedience as a protest tactic and could potentially open Greenpeace finances, operations, support and membership to government inspection.

"For an advocacy organization dedicated to passionate dissent, that could be a crippling inhibition," the Natural Resources Defense Council said in a brief in support of Greenpeace.

The nonprofit Greenpeace also fears the government will revoke its tax-exempt status if it is convicted.

Greenpeace, perhaps best known for sailing its boats into restricted waters and interfering with whaling ships and other vessels on the open seas, has been bothersome to President Bush since shortly after his inauguration, when members put up a banner near his Texas ranch calling him the "toxic Texan."

Greenpeace claims its ship protest called attention to the crime of big leaf mahogany logging in the Brazilian Amazon and the Bush administration's failure to enforce an import ban contained in an international treaty. Greenpeace contends roads built by mahogany loggers are the root cause of Amazon deforestation.


TOPICS: Crime/Corruption; Culture/Society; Extended News; US: Florida; US: Georgia
KEYWORDS: environment; greenpeace; radicalleft
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1 posted on 01/23/2004 5:45:36 PM PST by optimistically_conservative
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To: optimistically_conservative
The federal government has never successfully prosecuted an entire activist organization on criminal charges over its protest methods -- not Operation Rescue, not the NAACP, not even the Ku Klux Klan.

I'm sure that's news to these organizations!

2 posted on 01/23/2004 5:51:47 PM PST by TheDon (Have a Happy New Year!)
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To: optimistically_conservative
HERE is what Greenpeace is:

Gerard Jackson
Melbourne: Australia
BrookesNews.Com
Thursday 20 March 2003


Much as Greenpeace has tried to cover up, with the help of sympathetic journalists, its Soviet links, it is a matter of public record that during the 1980s the Soviets helped Greenpeace raise funds in return for which it helped the Soviets plan propaganda campaigns.

During the 80s the Soviets helped Greenpeace raise funds, while the environmentalist group helps formulate Soviet propaganda. It appears, however, that cooperation did not stop with just aiding the Soviet propaganda onslaught against the West.

Greenpeace made Fernando Pereira it official photographer. But Pereira had been and important member of the Stasi-backed Baader-Meinhof gang, a Marxist-Leninist terrorist group. The Dutch Communist Party later made him editor of its paper Der Waarheld. Eventually he was arrest by Dutch intelligence as a Soviet agent.

(The view that Greenpeace is evidently not bothered by certain brands of terrorism was given additional weight when it not only supported the eco-terrorist group Earth First but its cofounder Michael Roselle payroll).

Pereira was brought to Greenpeace by the World Peace Council, another Soviet front whose chairman, Chandra Romesh, was a Soviet agent.

So what was Greenpeace doing hiring a Soviet agent who had been an active member of a terrorist organisation? Well, do not bother asking, because Greenpeace ain't saying. But in case anyone thinks an innocent Greenpeace had been taken for a ride by cunning Soviet agents I should direct to attention to those KGB dregs that Greenpeace is still knowingly collaborating with.

William Arkin is the director of the Nuclear Information unit at Greenpeace. He was also a member of the Marxist-Leninist Washington-based IPS (Institute of Policy Studies). The IPS is notorious for having supported every communist regime that ever existed, including every leftwing terrorist organisation I can think of. It was so brazen in its support of the Soviets it even allowed KGB operatives to work in its Washington Office.

Brian Crozier (a highly respected commentator on intelligence matters and a fellow of the prestigious Institute for the Study of Conflict) summed up the real role of the IPS when he wrote:

"The IPS is the perfect intellectual front for Soviet activities which would be resisted if they were too originate openly from the KGB."

Another Greenpeace collaborator is the National Lawyers Guild. This Marxist-Leninist front for the Soviets was set up in 1936 by a caucus of the American Communist Party (CPUSA) which was helped at the time by the International Labor Defence, which in turn was an agency of the Comintern (Communist International).

Greenpeace is also in bed with the CCR (Centre for Constitutional Rights) which was co-founded by pro-Soviet lawyers William Kuntsler and Arthur Kinoy. This pair never saw a communist totalitarian state they did not like. Michael Ratner is the organisation's current president and a notorious fellow traveller who blames the US — you guessed it — for terrorism.

The Committee for a Sane Nuclear Policy is another longstanding friend of the water melons (green on the outside, red on the inside) that run Greenpeace. The IPS was instrumental in setting up SANE to oppose resistance to Soviet aggression. To make this organisation's pro-Soviet activities more effective Greenpeace helped it build a computer network to coordinate its anti-American activities.

3 posted on 01/23/2004 5:53:48 PM PST by Lancey Howard
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To: optimistically_conservative
A little breeze to clear up the fog:

Boarding any vessel without invitation is NOT Constitutionally-guaranteed free speech, and if the crew throws you back into the water, be thankful that the ship's captain didn't decide it was terrorism or attempted piracy and put a bullet between your beady eyes, as is his perogative.

Does that clear the air?

4 posted on 01/23/2004 6:04:26 PM PST by Viking2002
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To: optimistically_conservative
Good! They should put everyone of the bastards in prison instead of jail.
5 posted on 01/23/2004 6:06:52 PM PST by sport
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To: sport
Make them walk the plank!
6 posted on 01/23/2004 6:08:52 PM PST by Sofa King (-I am Sofa King- tired of liberal BS! http://www.angelfire.com/art2/sofaking/index.htm)
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To: optimistically_conservative
Every other article I have read about this incident mentions that Greenpeace was wrong in their belief that Amazon mahogany was being illegally shipped on this ship.

Interesting that AP fails to mention that here.
7 posted on 01/23/2004 6:11:45 PM PST by RJL
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To: Sofa King
Works for me!
8 posted on 01/23/2004 6:12:15 PM PST by sport
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To: sport
I'm impressed with the sound reasoning exhibited by the Administration.
9 posted on 01/23/2004 6:12:43 PM PST by Ciexyz
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To: Ciexyz
Me too. About time that the adults took control.
10 posted on 01/23/2004 6:13:51 PM PST by sport
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To: optimistically_conservative
(This subject was discussed at length on a thread back in November)

From that thread:

"When the press gets upset about RICO being applied to pro-life protestors, I'll get upset about this law being applied to Greenpeace."

72 posted on 11/04/2003 5:45:29 PM EST by Question_Assumptions
11 posted on 01/23/2004 6:18:21 PM PST by Lancey Howard
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To: optimistically_conservative
Here is a link to the November thread which discussed this case:

Did Ashcroft go too far in Greenpeace indictment?

12 posted on 01/23/2004 6:21:04 PM PST by Lancey Howard
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To: optimistically_conservative
Hangin's too good fer 'em Sheriff!
13 posted on 01/23/2004 6:23:22 PM PST by jaz.357 (We should be more open-minded toward people trying to kill us.)
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To: optimistically_conservative
...Jes tie 'em to a hoss 'n DRAGEM!
14 posted on 01/23/2004 6:25:22 PM PST by jaz.357 (We should be more open-minded toward people trying to kill us.)
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To: Viking2002
Boarding any vessel without invitation is NOT Constitutionally-guaranteed free speech, and if the crew throws you back into the water, be thankful that the ship's captain didn't decide it was terrorism or attempted piracy and put a bullet between your beady eyes, as is his perogative.

That's what I'm wondering--why the captain and crew of these hijacked ships don't just give Greenpeas the ol' heave-ho. Turn one of these greasy bastards into shark food and they'd think twice about pirating these ships.

15 posted on 01/23/2004 6:27:53 PM PST by randog (Everything works great 'til the current flows.)
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To: Viking2002
Boarding any vessel without invitation is NOT Constitutionally-guaranteed free speech, and if the crew throws you back into the water, be thankful that the ship's captain didn't decide it was terrorism or attempted piracy and put a bullet between your beady eyes, as is his perogative.

But if nude dancing is "speech" couldn't boarding a vessel entering port?

16 posted on 01/23/2004 6:34:07 PM PST by Paleo Conservative (Do not remove this tag under penalty of law.)
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To: optimistically_conservative
It just goes to show that it is usually not necessary to pass a new law everytime a situation that politicians have never seen before happens. What we really need to do is enforce the laws that are already on the books first.
17 posted on 01/23/2004 6:37:19 PM PST by Paleo Conservative (Do not remove this tag under penalty of law.)
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To: randog
Exactly. As soon as one of these maggots comes over the side, a crewman should be waiting there with a 2x4. It would be the same as if these psychotic bastards kicked in your front door, spray-painted the walls of your living room with their 'save the gay whales' propaganda, and screamed because they think your tank of tropical fish are being held against their will. They're sub-simian freaks, and need to be treated as imminent threats when they show their @sses like that. They haven't been given a bloody nose yet, and they've gotten too bold because of it - like a raccoon that keeps raiding the garbage can, before it get shot in the keister with a .22.
18 posted on 01/23/2004 6:41:24 PM PST by Viking2002
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To: Viking2002
Exactly. As soon as one of these maggots comes over the side, a crewman should be waiting there with a 2x4.

I'd start boiling the oil as soon as I saw the "Rainbow Warrior" on the horizon. Which brings up another question--how exactly does one go about boarding a cargo ship? It's not like you can bang on the door on the side of the hull and yell "pizza guy!".

19 posted on 01/23/2004 6:49:51 PM PST by randog (Everything works great 'til the current flows.)
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To: Paleo Conservative
If I'm to interpret your query correctly, then try docking your 'sub' in that nude dancer's 'berth' uninvited. If she doesn't cut off your 'torpedo' and the 'twin depth charges', the bouncer (US Coast Guard) will. Capiche? :-)
20 posted on 01/23/2004 6:50:19 PM PST by Viking2002
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