Judge Upholds Charges Against Greenpeace

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April 15, 2004
Judge Upholds Charges Against Greenpeace
By THE ASSOCIATED PRESS
Filed at 9:18 p.m. ET
MIAMI (AP) -- A judge refused Thursday to throw out federal charges
against Greenpeace for protesting a shipment of Amazon mahogany, setting
up a trial that could serve as a test on the limits of political
dissent.
The Justice Department charged the environmental group under an obscure
19th century law enacted to stop pimps from clambering aboard ships
heading for port. The government has never successfully prosecuted an
activist organization on criminal charges over protest methods.
Although U.S. District Judge Adalberto Jordan allowed the case to move
forward, parts of his ruling could give prosecutors reason to be
nervous.
``This case is, to put it mildly, unusual,'' Jordan wrote. Although the
law's ``lack of use does not prevent the government from going forward
against Greenpeace, it does point to how uncommon such a prosecution
is.''
Jordan did not make a final decision on Greenpeace's claim that the
wording of the old law is too vague, but said the argument ``looks like
a winner.''
U.S. Attorney's Office spokesman Matt Dates declined comment.
Greenpeace claims the Bush administration is going out of its way to
stifle dissent in retaliation for its pushy challenges to pollution,
deforestation and global warming.
The prosecution ``has the potential to transform an important aspect of
our nation's legal and political life, significantly affecting our
tradition of civil protest,'' said Greenpeace executive director John
Passacantando.
The charges stem from a 2002 protest on the 965-foot APL Jade more than
three miles off Miami Beach. Two protesters jumped aboard the vessel
while members in two rubber rafts zigzagged in front of the ship. The
crew kept protesters from unfurling a banner reading, ``President Bush,
Stop Illegal Logging.''
Greenpeace claims the ship was carrying illegally cut Brazilian mahogany
and that Bush has failed to enforce an international import ban.
Six Greenpeace members settled criminal charges over the boarding, but a
misdemeanor indictment charged the group with conspiracy and an illegal
boarding under the 1872 law.
Each count carries a possible $10,000 fine plus probation, a chilling
prospect for an organization that is afraid it could be forced to open
its records to government inspection.
The judge said the fears were ``unfounded'' and specifically noted that
Greenpeace's membership list would be protected.
The jury trial will begin May 17.
^----
On the Web:
Greenpeace USA: http://www.greenpeaceusa.org/

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