U of MN SOCIOLOGY GRAD STUDENT CHARGED AS TERRORIST

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U of MN SOCIOLOGY GRAD STUDENT CHARGED AS " TERRORIST "

 

From the website http://davenportgrandjury.wordpress.com. December 1, 2009

 

This is an update and message to all concerned scholars regarding the case of

our colleague Scott DeMuth.

 

Scott is currently out of jail, back in school, and awaiting trial. We are

mounting a support campaign from the academic community and the general public

so that he will have the resources necessary for a solid defense.

 

RELEVANT FACTS:

 

On November 17, 2009, Scott DeMuth was jailed for contempt of court, since he

refused to answer questions posed to him by a federal grand jury in Davenport,

Iowa. They were interested in questioning him about his knowledge of an unsolved

Animal Liberation Front action in 2004 at the University of Iowa. At the time,

Scott was only 17 years old and was a resident of the Twin Cities (Minnesota).

Scott is a University of Minnesota graduate student and Dakota language student

whose research focuses on liberation struggles and social movements in the U.S.

and globally. In his work, he has researched and/or interviewed numerous

activists from Native American struggles for sovereignty and land, and

environmental and animal liberation movements in the U.S. The grand jury was

interested in asking him to divulge the names of activists, which would violate

the confidentiality agreements that he made with his research participants.

Scott took a principled stand

against the grand jury's fishing expedition, and instead decided to go to jail

rather than be party to what many attorneys and the American Bar Association

(ABA) view as a dangerous practice that deprives people of basic constitutional

freedoms. But it gets worse. Two days later (November 19, 2009) Scott was

charged with conspiracy under the Animal Enterprise Terrorism Act (AETA) of

2006. This indictment came just one day before the statute of limitations was to

expire and was rushed through to freeze the statute of limitations, with the

intent of buying the state time to issue additional future indictments. These

legal maneuvers are indicative of an investigation that has gone nowhere, and

prosecutors who are desperate to locate members of the Animal Liberation Front,

no matter what legal acrobatics are required.

 

REGARDING GRAND JURIES:

 

The federal grand jury is a legal proceeding used to investigate possible

organized criminal activity rather than a specific crime. It is held in secrecy,

and does not grant rights to representation or the right to obtain transcripts

of the proceedings to those subpoenaed: those served with a subpoena face only a

federal prosecutor and 16-23 jurors who are not screened for bias. Federal grand

juries are used not to prove guilt, but to coercively extract evidence without

due process from third parties under threat of imprisonment. They have a history

of being used to intimidate and suppress movements for social change.

 

REGARDING SCHOLARLY RIGHTS:

 

The American Sociological Association's Code of Ethics states:

Section 11.01:

 

" Sociologists have an obligation to protect confidential information and not

allow information gained in confidence from being used in ways that would

unfairly compromise research participants, students, employees, clients, or

others. "

 

Section 11.06:

" Sociologists do not disclose confidential, personally identifiable

information concerning their research participants, other recipients of

their service which is obtained during the course of their work. "

 

This scholar-research participant confidentiality is the bedrock of academic

research and without it the public would lose trust in scholars seeking

important information (concerning, for example, social histories or

institutional discrimination practices), leading to the incalculable loss of

invaluable data for community preservation, public policy, and university

teaching purposes. Scott is being charged with conspiracy for invoking his

constitutional rights and heeding to professional codes of conduct.

 

REGARDING THE AETA:

 

More than 160 non-governmental organizations opposed the passage of the

AETA. The opposition includes such influential groups as the National

Lawyers Guild, American Civil Liberties Union (belatedly), New York City Bar

Association and other bar associations, Natural Resources Defense Council,

Humane Society of the U.S., and American Society for Prevention of Cruelty to

Animals (ASPCA).

 

 

Problems with AETA:

 

- is excessively broad and vague and imposes disproportionately harsh

penalties

 

- brands animal advocates as " terrorists " and denies them equal protection under

the law

 

- brands civil disobedience as " terrorism " and imposes severe penalties

 

- has a chilling effect on all forms of protest by endangering free speech and

assembly

 

- interferes with investigation of federal law violations by animal

enterprises

 

- detracts from prosecution of real terrorism against the American people

 

 

 

For more information on AETA, visit www.equaljusticealliance.org

 

In the meantime, here's what you can do:

Contact David Pellow at dpellow for more information or to send

statements of support.

 

Please send polite letters to the following individuals requesting that they

work to dismiss all charges against Scott, protect academic freedom and

integrity, and denounce the Animal Enterprise Terrorism Act:

 

U.S. District Judge John A. Jarvey

United States Courthouse

131 East 4th Street

Davenport, Iowa 52801

 

U.S. Attorney Nicholas Klinefeldt

United States Courthouse

131 East 4th Street

Davenport, Iowa 52801

 

Assistant U.S. Attorney Cliff Cronk

United States Courthouse¨

131 East 4th Street

Davenport, Iowa 52801

 

Representative Keith Ellison¨

2100 Plymouth Avenue North

Minneapolis, MN 55411

 

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