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Activist to Iowa Grand Jury: “We will not be intimidated. We will not cooperate.”

Oct 19th, 2009 by Will Potter

Carrie Feldman, a 20-year-old woman from Minneapolis, has been subpoenaed to a federal grand jury in Iowa in what appears to be yet another attempt to harass and intimidate political activists. She faces up to a year in jail if held in contempt for refusing to cooperate with the grand jury.

As you can see in Feldman’s grand jury subpoena, the government provides few details about what is actually being investigated. That’s no accident: grand juries, by design, are secretive and conducted outside of public scrutiny in a legal void where basic Fifth and First Amendment rights do not apply. [Here is a handy booklet on grand juries with much more information.] If activists refuse to participate in the political witch-hunt, they can face serious jail time. Jordan Halliday has done exactly that with a Utah Grand Jury, and he is facing federal criminal contempt charges.

There’s a very good chance the grand jury is investigating a 2004 Animal Liberation Front raid at the University of Iowa (video of the raid is embedded here), for a few reasons. It was a very high profile crime at the time, and both the university and the FBI have indicated it is a top priority. Also, at the preliminary hearing by the grand jury, a witness asked a question that Feldman says related to that investigation.

After that raid, the University of Iowa announced that its new, $11.2 million animal experimentation facility would be underground. As an anonymous activist wrote on the TwinCities Indymedia page:

“Like the torture of animals, grand juries, too, are only at their most effective when done as intended, in secret.”

If the new underground lab at the University of Iowa is intended to deter both legal and illegal animal rights activity, that’s not going to happen. When I sent around a news article about that on Twitter a while back, an aboveground activist responded in a way that I think reflects the mentality of many people in the animal rights and environmental movements: “They’re building their labs underground now? I guess we’ll just have to get shovels.”

And if this new grand jury is intended to harass and intimidate political activists… well, I think they picked the wrong activist and the wrong community to target. Carrie Feldman is active with EWOK (Earth Warriors are OK), which has been active on local Green Scare issues. She also works with the Coldsnap Legal Collective and the RNC 8 support committee, experience that is clearly reflected in her statement to the grand jury:

First of all, I would like to state, unequivocally and most certainly for the record, that I have no intention of testifying before this grand jury. Based on information from the prosecutor indicating that I may be a target of this investigation, I am invoking my Fifth Amendment right against self-incrimination. But beyond that, I am refusing to cooperate based on a sincere belief that to do so would run counter to my deeply held convictions and values.

Grand juries were originally created to prevent arbitrary indictments, but are now used as a tool of the prosecution to gather information. Grand juries undercut basic rights supposedly granted in the Constitution by denying access to counsel and coercing testimony. They are now, and have been for some time, used to investigate and intimidate those who would express dissent.

This is only effective when we are complicit, when we are frightened, when we are divided. Today my voice may waver, as I stand alone in this room. But I know I speak with the voice of every one of my friends, loved ones, and comrades when I say this: We will not be intimidated. We will not cooperate. I have nothing more to say to you.

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Posted in Activism & Activists' Response, Grand Juries, Legal Issues

  • 11/30: Call-in for Carrie!

    Carrie Feldman is still being held on civil contempt and needs our support and solidarity. She’ll remain in custody over the long weekend as state officials enjoy time with their families. We can’t let them go back to an easy work day come Monday while they continue to hold our friend in civil contempt for taking a principled stand against state repression!

    THIS MONDAY, November 30, CALL IN to Cronk’s boss, US Attorney Nicholas Klinefeldt, from 9am to 4pm to demand that they dismiss Carrie’s subpoena and release her immediately.

    Monday November 30, 9am-4pm CST, (515) 473-9300

    In the hearings so far, Cronk has attempted to use our statements of support against Carrie and Scott by twisting our words and arguing that using our right to free speech and to petition the government for a redress of grievances is a reflection of their bad moral character. Ridiculous, we know. While his arguments haven’t met with much success yet, we don’t need to give him anything with which to hurt our friends.

    When you call in to demand Carrie’s release, please follow the sample script below and don’t allow them to trick you into saying something that they can twist around to hurt her:

    *sample script*
    Mr. Klinefeldt, I am calling to express my concern about the continued detention of Carrie Feldman for her refusal to testify to a grand jury in Davenport initiated by your Assistant US Attorney, Cliff Cronk. This grand jury is being used to investigate political activity, and by extension her refusal to cooperate makes her a political prisoner. She will continue to refuse to answer questions regardless of her detention, so her incarceration for civil contempt becomes a punitive action. I urge you to release Carrie Feldman from jail immediately.

    Don’t forget to call Klinefeldt between 9am and 4pm on Monday! And get your friends to call too!
  • FYI: A second member of the Twin Cities activist community has now been subpoenaed, as well. Like Carrie, he has stated his intention to refuse to comply. His statement, along with support info and details of upcoming actions, can be found here. The TC Indymedia write-up is here.

    Please support them both. Thanks.
  • rose
  • Fruitarian
    it is amazing that the Iowa tv reporter calls removal of animals
    from a torture center 'vandalism'

    Fruitarian
  • Joe
    @Anita Ray Voleaux-Shinn

    It is you that is naive if you think AR groups are always non violent, there is no such thing as a non violent arson, car bomb or death threat all of which the ALF has done.
  • Nicoal
    Loved the article and the video! What a strong, amazing activist. We should all learn from her.

    Also, I think one of the best parts in the video is when the ALF person ties their shoe in the middle of the liberation, as if they are saying "We have all the time in the world - we are coordinated and well planned".

    A subtle "fuck you" to the authorities :) haha.
  • Not to derail the discussion, but I'd just like to point out how badass the stance of non-cooperation and non-compliance is. That's all, thanks.

    Great post, Will.
  • @ludditerobot: Ha! Derailment appreciated :)
  • Anita Ray Voleaux-Shinn
    Joe, it seems to me you have a pretty naive notion of what exactly terrorism is. Princeton defines it as "the calculated use of violence (or the threat of violence) against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear".

    When people risk their lives in non-violent acts of liberation and non-violent property destruction and sabotage for the freedom, safety, and dignity of defenseless animals, it's not terrorism. It's love.

    When a state threatens a person with violence (prison time, to be enforced with violence, if they feel necessary) to coerce them to give up their right to silence, that is terrorism.

    Not all terrorists wear ski masks. But most of them do wear suits.
  • Joe
    so the ALF comments ” by axe, drill or crowbar we are coming through your door” were a joke too?
  • No. They were, as you noted, the comments of the ALF.

    Statements on a political website like this, and statements in jest from aboveground activists, are not the same as anonymous communiques by underground groups.
  • Joe
    All AR activist wish to be called activist, but look at the
    statements made in the video and from the post above. The quote from the video is " by axe, drill or crowbar we are coming through your door" and from the post above "If the new underground lab at the University of Iowa is intended to deter both legal and illegal animal rights activity, that’s not going to happen" and “They’re building their labs underground now? I guess we’ll just have to get shovels.” .

    Its these type of statements that get you labled as terrorist, how else is someone who works in or for a lab suppose to take those threats? Its just more example of a small group of people trying to force their way of life onto everyone else.
  • "Its [sic] these types of statement that get you labeled as terrorist"? Well then everyone should feel safer that government resources are being used to look after "terrorists" like me who thought the comment about the shovels was funny. It was a JOKE, Joe. And my comment about the underground lab not deterring legal OR illegal actions was based on following this stuff for 10 years now... and no legislation, no new security, no PR campaigns have deterred either form of activism.
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