1932-45: Defs led Third Reich. 1943: U.S., France, UK, USSR announced they would punish war criminals after Allied victory. 5/8/45: Allies defeated Germany, ending WWII in Europe. 8/7/45: U.S., France, UK, USSR executed London Agreement and Charter setting forth crimes against peace, crimes against humanity, war crimes. 11/14/45: U.S., USSR, UK, France Tribunal indicted 24 Defs pursuant to London Agreement and Charter. Count 1: conspiracy to commit crimes against peace, war crimes, crimes against humanity. Count 2: crimes against peace, including waging wars of aggression in violation of Conventions for Pacific Settlement of Int'l Disputes (1899, 1907); Hague Convention III re Opening of Hostilities (1907); Versailles Treaty (1919); Kellogg-Briand Pact (1928). Count 3: war crimes in violation of int'l conventions, internal penal laws, including murder of civilian population, torture, genocide, deportation of civilian population for slave labor (France-1,408,000; Belgium-190,000; Holland-500,000; USSR-4,978,000), murder of POWs, killing of hostages, plunder of public, private property causing starvation in occupied countries, destruction of works of art, 6,000,000 buildings leaving 25,000,000 homeless, wanton devastation not justified by military necessity, Germanization of occupied territories. Count 4: crimes against humanity including murder, extermination, enslavement, deportation of civilian populations, persecution on political, racial, religious grounds. Defs pleaded not guilty: trial under ex post facto law, unfairly conducted by non-neutrals.

• Tribunal rejected Defs' motions. Judges appointed by signatories of Charter of IMT: Lord Justice Lawrence and Mr Justice Birkett, member and alternate for UK; Francis Biddle and Judge John J Parker, member and alternate for U.S.; M Le Professeur Donneidieu de Vabres and M Le Conseiller R Falco, member and alternate for France; Major General I T Nikitchenko and Lt Col A F Volchkov, member and alternate for USSR. Evidence on both sides consisted of witnesses, documents captured by Allied armies in German Army headquarters, including correspondence to, from Hitler, other members of Third Reich. 11/45-10/46: Trial. Ct found: 3 Defs not guilty; 8 guilty of count 1; 12 guilty of count 2; 16 guilty of count 3; 16 guilty of count 4. Sentences: 12 to death; 3 to life; 2 to 20 yrs; 1 to 15 yrs; 1 to 10 yrs. Soviet members diss: Hess should receive death instead of life in prison, should be finding Hitler's Cabinet, Gen'l Staff, Army High Command to be criminal organizations.

I Law Reports of Trials of War Criminals 93 (London, 1947); II Laws of War: A Documentary History 1284, 1487, 1498

3 Defs-scientists provided prussic acid for use in concentration camps.

• 3/46: Before British Military Tribunal, Defs argued lack of specific knowledge of use of acid in lethal dosages for criminal purposes. 1946: Tribunal convicted Tesch, Weinbacher; acquitted Drosihn: Defs could not plead ignorance of purpose; civilian accessory to violation of laws, customs of war liable as war criminal. Sentence: Death.

1/1/28-9/2/45: Japanese Defs waged aggressive war against Allies — U.S., UK, China, USSR, Australia, N Zealand, Canada, France, Netherlands, India, Philippines — to gain political/economic domination of E Asia, Pacific, Indian Oceans, bordering countries. U.S. Joint Chiefs of Staff ordered Gen'l MacArthur, Supreme Commander for Allied Powers in Japan, to issue IMTFE Charter as exec decree. Allies convened IMTFE, appointed 10 judges from 10 nations. 4/29/46: IMTFE indicted 28 Japanese Defs (highest gov't/military officials 1/28-9/45) on 55 counts under IMTFE Charter; Potsdam Declaration, cl 8; Instrument of Surrender; Cairo Declaration; Covenant of League of Nations; Kellogg-Briand Pact; Convention for Pacific Settlement of Disputes (1899, 1907); Neutrality Pact between USSR, Japan (1941), Arts I, II; domestic laws of countries where crimes committed. Counts 1-36: crimes against peace (conspiring to wage wars of aggression against Asia, China, U.S., USSR, UK, France). Counts 37-52: murdering civilians, military personnel (2,015,000 Chinese, more than 118,442 Filipinos); Defs maiming, ill-treating, murdering POWs, civilian internees, denying food, shelter, medical care, caging, drowning, burying alive (in "rape of Nanking" 260-300,000 Chinese men, women, children died); forcing POWs, civilian internees into slave labor, conducting "death marches" (in Bataan death march thousands died); Defs perpetrated murder, rape, pillage, brigandage, torture on civilian populations (bombing/bayoneting); wanton destruction of towns, villages. Counts 53-55: conventional war crimes, crimes against humanity. 5/6/46: All Defs pleaded not guilty, challenged IMTFE jurisdiction: aggressive war not per se illegal; war is act of nation for which no individual responsible under int'l law; IMTFE Charter "ex post facto"; killings in course of belligerent operations normal incidents of warfare, not illegal except when violate rules of warfare. 5/46: IMTFE dism'd Defs' motion re jurisdiction.

• 6/3/46-1/24/47: Ch Prosecutor Kennan (U.S.), prosecutors from 11

(U.S. Military Tribunal, Nuremberg); 9 Trials of War Criminals 1327 (1950)

12/43: Under Lex Krupp, Hitler decree, Fried Krupp AG, private co, converted into individually-owned firm of Fried Krupp, in sole ownership of Def-Krupp, who appointed 11 other Defs to management positions w/in co. Since 1943, unincorporated, privately-owned concern owned/controlled directly, as well as through subsidiary holding cos, mines, steel, armament plants, shipyards, machinery factories used in war effort. 1945: After defeat of Nazis, Allied Control Council (U.S., USSR, UK, France) enacted Control Council Law #10. 8/16/47: U.S. filed indictment: Count 1: planning, preparation, initiation, waging aggressive war. Count 2: plunder, spoliation of territories occupied by German armed forces in ruthless way beyond needs of army, in disregard of needs of local economy, Hague Regulations Arts 46-56 (1907), Control Council Law #10, Art II. Count 3: crimes re POWs, slave labor, Hague Rules of Land Warfare. Count 4: common plan/conspiracy to commit crimes against peace. Defs pleaded not

• 12/9/47-6/9/48: Trial tribunal heard oral testimony of 117 prosecution, defense witnesses, 134 witnesses examined before commrs, prosecution introduced 1,471 docs, defense introduced 2,829 docs. 3/5/48: Tribunal, Daly, Presiding J, granted Defs' motion as to counts 1, 4: prosecution failed to prove case beyond reasonable doubt. 7/48: Tribunal found: 6 Defs guilty on count 2; 10 on count 3. Sentences: 7 to 9-12 yrs; 2 to 6-7 yrs, 1 to 2 yrs.

(U.S. Military Tribunal VI, U.S. Zone of Occupancy, Nuremberg, Case #6); VII, VIII Trials of War Criminals Before Nuremberg Military Tribunals (1952)

5/3/47: U.S. Military Tribunal VI indicted 23 leading German industrialists on 5 counts: Count 1: crimes against peace through planning, preparation, initiation, waging wars of aggression, invasions in other countries. Offenses include: IG Farben allied w/ Hitler, Nazi Party; synchronized activities w/ military planning of German high command; cooperated w/ Hitler to build up military machine violating Versailles Treaty; participated in Germany's 4-yr plan for economic mobilization for war; created, equipped Nazi military machine for war; procured, stockpiled critical war materials (oil, lead, magnesium, etc) for Nazi offenses; participated in weakening enemies; carried on propaganda, intelligence, espionage; Defs participated in plunder, spoliation, slavery, mass murder as part of wars of aggression. Defs violated int'l law, treaties, agreements, assurances, Control Council Law #10, Art II. Count 2: Plunder, spoliation; Defs participated in plunder of public, private property in countries which came under belligerent occupation of Germany; Defs marched w/ Wehrmacht, played major role in Germany's plans for conquest; Defs conceived, initiated, prepared plans for German acquisition of chemical industries in Austria, Czechoslovakia, Poland, Norway, France, Russia, etc. (violated laws, customs of war, int'l treaties, conventions, 1907 Hague Convention, Regs, Arts 45-56, 1131, gen'l principles of criminal law, internal penal laws of countries where crimes committed, Control Council Law No 10, Art II). Count 3: war crimes, crimes against humanity: participating in enslavement, forced labor of civilian population of countries occupied or controlled by Germany, enslavement of concentration camp inmates w/in Germany, use of POWs in illegal labor. Defs charged w/ mistreatment, terrorization, torture, murder of enslaved persons. Count 4: Defs Schneider, Buetefisch, von der Heyde charged w/ membership in criminal org. Count 5: conspiracy to commit crimes against peace. 8/14/47: Defs pleaded not guilty.

• 8/27/47-5/12/48: Defs tried by U.S. military tribunal. Tribunal acquitted (2-1) all Defs on Counts 1, 4, 5; convicted all on Count 2; convicted some, acquitted others on Count 3 (dissenter argued sufficient evidence to convict all Defs for mass murder, slavery). Sentences: 1½ to 8 yrs.

(U.S. Military Tribunal I, U.S. Zone of Occupancy, Nuremberg, Case #1, 1947); I, II Trials of War Criminals Before Nuremberg Military Tribunals Under Control Council Law #10 (1949); cert den 333 US 836 (1948); Frontline, PBS series (2/24/87)

1939-45: 23 Defs, including doctors, held key positions in Third Reich. 10/25/46: U.S. indicted Defs on 4 counts: 1) conspiracy to commit war crimes; 2) war crimes; 3) crimes against humanity, including experimentation on concentration camp victims (eg, high-altitude, freezing, mustard gas, poison experiments); 4) membership in criminal org under 1907 Hague Regs, Arts 4-7, 46; 1929 Geneva POW Convention, Arts 2-4; laws, customs of war; gen'l principles of criminal law; internal penal laws of countries in which crimes committed; Control Council Law #10, Art II (1945). Defs argued: not implicated in experiments due to limited powers, specific duties; superior orders freed them from criminal responsibility; participation in experiments was voluntary; medical experiments took place due to military necessity, nat'l emergency; killings justified because victims were spies; experiments were substitutes for punishments previously imposed; experiments furthered medical science.

• 1947: Beals, Presiding J (ChJ, WA Sup Ct), Sebring, J (Associate J, FL Sup Ct), Crawford, J (OK DJ): Ct lacked jurisdiction on Count 1; 7 Defs not guilty; 1 guilty on Count 6; 6 guilty on Counts 2, 3; 9 guilty on Counts 2, 3, 5. Sentences: 7 to death; 5 to life; 3 to 20, 15, 10 years. 16 Defs petitioned Military Gov Clay for clemency; 15 petitioned USSC for writs of habeas corpus, prohibition against proceeding or order nullifying trial. Clay denied pet. 1948: USSC denied cert. U.S. High Commr John McCloy commuted 9 Defs' sentences. Drs Siegfried Ruff, Konrad Schaeffer among those acquitted. 1947: Pentagon brought 4 Defs to U.S. to work on space/high-altitude programs as part of Project Paperclip, under which 400 Nazi scientists brought to U.S. To bypass immigration law barring Nazis, Sec'y of War Patterson, Sec'y of State Acheson, Asst Sec'y of State Gen'l Hildring gave military right to authorize immigration; U.S. military cleaned scientists' records of references to SS, Nazi Party.

(U.S. Military Tribunal, Nuremberg, 2/48); 11 Trial of War Criminals 1230 (1950)

1946: U.S. Military Tribunal indicted German Defs-Field Marshals List, von Weichs; Gen'ls Rendulic, Kuntze, Foertsch, Boehme, Felmy, Lanz, Dehner, von Leyser, Speidel, von Geitner, commanders of German Mountain Forces, armed forces in SE: war crimes, crimes against humanity under Control Council Law #10. Count 1: killed, tortured 100,000 civilians labelled "partisans", "Communists" in Greece, Albania, Yugoslavia, as retaliation for military attacks on Germans; ordered 100 "hostages" killed for every German soldier killed, 50 "hostages" killed for every German soldier wounded. Count 2:

• 1948: After trial before Wennerstrum, Presiding J: 1) Yugoslavia, Greece were occupied; 2) partisan troops failed to observe laws, customs of war, exercised guerrilla warfare against occupiers, thus not lawful belligerents, not entitled to POW treatment; 3) term "hostage" used inappropriately; 4) Defs' acts were reprisals; military necessity does not justify violation of positive law, thus not valid defense to Defs' arbitrary, excessive reprisals; convicted 8 Defs; sentences: 2 to life, 2 to 20 yrs, 1 each to 15, 12, 10, 7 yrs; acquitted 2 Defs.

(U.S. Military Tribunal II, U.S. Zone of Occupancy, Nuremberg, Case #9, 1948); IV Trials of War Criminals before Nuremberg Military Tribunals (1946); cert den 336 US 964 (1946)

5/41: 24 Defs held high posts in Einsatzgruppen (special task forces) formed before German attack on USSR to accompany German Army into occupied East to exterminate Jews, gypsies, Soviet officials, others. 7/9/47: U.S. charged Defs on 3 counts. Count 1: crimes against humanity, including murder, extermination, imprisonment, genocide, constituting violations of law of nations, int'l conventions, general principles of criminal law, internal penal laws of countries in which crimes were committed, Control Council Law #10, Art II. Count 2: war crimes including murder, torture of POWs, civilians, wanton destruction not justified by military necessity, violating 1907 Hague Convention #IV Regs, Arts 43, 46; 1929 Geneva POW Convention; laws, customs of war. Count 3: membership in criminal orgs so declared in Control Council Law #10, Art II. Defs argued: superior orders, no means of refusing orders; orders justified because they believed Jews were Nazi enemies, bearers of bolshevism; since Allies killed large numbers of German civilians w/out being charged, Defs also should not be charged; killings constituted death penalties for illegal partisan activities or reprisal measures justified under int'l law; evidence submitted by prosecution inaccurate. 7/31/47: Def Haussmann committed suicide.

• 4/8/48: Mussmanno, Presiding J (Member, U.S. Naval Reserve on military leave from Ct of Common Pleas, Allegheny Co, PA), Speight, J (member, AL bar), Dixon, J, found: all Defs guilty on count 3; 20 guilty on counts 1, 2. Sentences: 14 to death; 2 to life; 3 to 20 yrs; 2 to 10 yrs. 3/4/49: U.S. Military Gov Clay aff'd sentences. 5/2/49: USSC denied Defs' petitions to modify sentences.

1939-45: Def held top Third Reich posts. 11/13/46: U.S. indicted Def: Count 1: war crimes involving deportation to slave labor of civilian populations of Austria, Czechoslovakia, Italy, Hungary resulting in enslavement, torture, murder of millions; war operations including transportation of arms in course of which murders, other inhumane acts committed, constituting violations of 1907 Hague Regs, Arts 4-7, 46, 52; 1929 Geneva POW Convention, Arts 2-4, 6, 31; laws, customs of war, general principles of criminal law, internal penal laws of countries in which crimes committed, Control Council Law #10, Art II. Count 2: war crimes involving medical experiments on humans resulting in murder, torture, in violation of Hague Regs Arts 4-7, 46; POW Convention, Arts 2-4. Count 3: Crimes against humanity consisting of acts in counts 1, 2. Def argued: lacked knowledge of war crimes due to superior's mistrust in Def; documents submitted as evidence inaccurate.

• 4/16/47: Toms, Presiding J (CJ, Detroit, MI), Phillips, J (NC Super Ct) Musmanno, J (Ct Common Pleas, Allegheny Co, PA) found Def guilty on counts 1, 3; not guilty on 2. Sentence: life. 5/2/47: Military Gov denied Def's petition for clemency. 10/20/47: USSC (4-4) denied habeas petition.

(U.S. Military Tribunal I, U.S. Zone of Occupancy, Nuremberg, Case #8, 1948); IV, V Trials of War Criminals before Nuremberg Military Tribunals 599 (1946)

7/1/47: U.S. indicted 14 leading officials of German Race and Settlement Main Office ("RuSHA"), 3 other SS agencies. Count 1: crimes against humanity involving acts carried out as part of systematic program of genocide including kidnapping children of foreign nat'ls to select for Germanization those considered to be of "racial value", exterminating those born of eastern workers in Germany; compelling abortions on eastern workers; hampering reproduction of enemy nat'ls; executing, imprisoning, Germanizing eastern workers who had sexual intercourse w/ Germans, imprisoning Germans involved; evacuating enemy populations from native lands, resettling land w/ ethnic Germans; compelling nat'ls of other nations to perform work in Germany, become members of German community, join German Armed Forces; persecution, extermination of Jews in violation of 1907 Hague Regs, Arts 4-7, 23, 43, 45-47, 52, 56; laws, customs of war; general principles of criminal law; internal penal laws of countries in which crimes committed; Control Council Law #10, Art II. Count 2: war crimes including plunder of public, private property, murder, extermination, enslavement, deportation, imprisonment, torture; violation of Hague Regs; 1929 POW Convention; other laws in count 1. Count 3: membership in criminal org. Defs argued: acted under

• 3/10/48: Wyatt, Presiding J (Assoc J, GA Sup Ct), O'Connell, J (Associate J, MA Sup Ct), Crawford, J (OK DJ): 13 Defs guilty on count 3; 7 guilty on counts 1, 2; 1 not guilty. Sentences: 2 Defs to 25 yrs; 1 to 20 yrs; 3 to 15 yrs; 1 to 10 yrs; 5 to time served. U.S. Military Gov Clay aff'd all sentences. 5/2/49: USSC denied writ of habeas corpus to 6 Defs.

2/48: Defs-German industrial leaders indicted on 5 counts: participation in Third Reich slave-labor program; spoliation of public, private property in occupied territories; crimes against humanity; knowledge of Himmler's criminal activities; contributing to/membership in SS. Defs argued int'l law outside work, interest, knowledge of private individuals.

• Tribunal convicted 3; acquitted 3: int'l law binds every citizen just as does municipal law; criminal acts by Gov't official are criminal when done by private individual; Gov't crime differs only in magnitude, not quality. Sentences: 2½-7 yrs.

(U.S. Military Tribunal, Nuremberg, 1948); 14 Trial of War Criminals, 308 (1952); II Laws of War: A Documentary History 1248, 1487, 1498

11/18/47: Indictment filed against 19 Defs-officials in Foreign Ministry, other branches of Nazi Gov't: 8 counts of crimes against peace, crimes against humanity, participating in common plan, conspiracy to commit crimes against peace. 1/7/48: Presentation of evidence.

• Tribunal convicted Defs on 1-5 of 8 counts: liability extends to lower officials who aided in implementation of Nazi policies w/ knowledge of their nature. Sentences: 4-20 yrs.

(British Military Ct for Trials of War Crimes at Wuppertal, 1945); IX War Crimes Trials, Dulag Luft Trial (1952)

1943-45: Defs-Commandant, Chief Interrogator, officer in charge of admr, 2 ordinary interrogators at Third Reich's Dulag Luft POW camp in Germany. Prosecution alleged Defs extracted information from Allied airmen by torture. 11/26/45: Britain indicted Defs: crimes against laws of war, including 1929 Geneva Convention, Arts 2, 5. Defs argued: not culpable for crimes committed under superiors' orders; argued prosecution's evidence inaccurate.

• Judgment by 3 British military officials: 3 Defs guilty; 2 not guilty. Sentences: 2 to 5 yrs; 1 to 1 yr.

(British Military Ct for Trials of War Crimes at Wuppertal); V War Crimes Trials, Natzweiler Trial (1949)

4/6/44: 4 female British POWs at Natzweiler concentration camp in Alsace, w/out h'g or trial, killed by injection of poison, immediately cremated. 5/29/46: Britain indicted 9 Defs-camp officials: war crimes, crimes against humanity under 1945 London Agreement and Charter, 1907 Hague Regs. Defs argued: not present at executions, no knowledge of crimes; acts were lawful execution of spies.

• Judgment by 3 British military officials: 6 guilty, 3 not guilty. Sentences: 1 to death; 1 to life; 1 to 13 yrs; 1 to 10 yrs; 1 to 5 yrs; 1 to 4 yrs.

See Killinger, PL-196/1.8

1940-44: Def-Commander in Chief of German armed forces in Norway. 10/26/42: Def followed orders to: refuse to quarter Allied military personnel, kill them after capture. Britain indicted Def: 9 charges of ordering prisoners to be killed, specific cases in which prisoners killed in violation of laws, customs of war as found in int'l laws, laws of individual nations. Def argued he acted under superior orders.

• Judgment by 3 British military officials: Def guilty of 7 charges, acquitted of 2. Sentence: death.

327 US 1 (1946); IV, B UN War Crimes Comm, Law Reports of Trials of War Criminals 75-96

10/9/44-9/2/45: Def-Commanding Gen'l, 14th Army Group, Imperial Japanese Army, Philippines. 9/3/45: Def surrendered, became POW of U.S. Armed Forces in Philippines. 9/25/45: U.S. Army Lt Gen'l Wilhelm Styer charged Def, while commander of armed forces of Japan at war w/ U.S./allies, for unlawfully disregarding/failing to discharge duty as commander to control operations of members of command, permitting brutal atrocities against people of U.S./allies, particularly Philippines, violating laws of war: 1) starvation, execution/massacre w/out trial, maladministration of civilian internees/POWs; 2) torture, rape, murder, mass execution of over 25,000 Filipino men, women, children, including members of religious orders, by starvation, beheading, bayoneting, clubbing, hanging, burning alive, destruction by explosives; 3) burning/demolition w/out adequate military necessity of large numbers of homes, businesses, hospitals, religious, educational institutions. 10/8/45: Def pleaded not guilty; moved to dismiss for failure to state violation of laws of war.

• 10/29-12/7/45: Military commn-5 U.S. Army officers appointed by Styer tried Def. 12/7/45: Commn found Def guilty, sentence: death by

U.S.-Solicitor Gen'l J Howard McGrath; Pet-Capt A Frank Reel, JAGD

1934: Following secret order by Emperor Hirohito, Japan's General Staff/Ministry for War set up 2 units for manufacture of bacteriological weapons for Kwantung Army to carry out goal of creating "Greater East Asia Co-Prosperity Sphere," including China, Soviet Far East, Netherlands, India, Afghanistan, Australia, New Zealand, Philippines, etc. 1934-1945: 12 Defs (including high officials, doctors, veterinarians) participated in production of bacteriological weapons for use in warfare, chiefly against USSR: bred germs of plague, cholera, gas gangrene, anthrax, typhoid, paratyphoid, etc; conducted inhuman experiments on Chinese, Soviet POWs; shot or injected male/female

• 12/25-30/49: Primorye Military Area Military Tribunal tried Defs. All 12 Defs pleaded guilty; some expressed remorse; some said following superior orders. Judgment: guilty; sentences to labor correction camps: 4 Defs to 25 yrs; 2 to 20 yrs; 4 to 10-18 yrs; 2 to 2-3 yrs.

1942-43: Def-guard, Treblinka concentration camp. 1949: Def entered U.S. 1970: Def became U.S. citizen. 6/28/79: 5th Cir revoked citizenship. 1/21/81: USSC (7-2) Marshall, J, aff'd revocation. 12/19/84: USSC, Brennan, Stevens, JJ, rejected appeals. 12/21/84: U.S. deported Def to USSR, arrested: treason.

• 6/10/86: Regional Ct trial commenced. 6/19/86: Tyutyunnik, J: Def guilty of treason, voluntarily aiding Nazi forces during WWII, participating in mass execution of civilians; sentence: death. Def applied for mercy. Ukrainian presidium, Supreme Soviet denied. Presidium, USSR Supreme Soviet denied. 7/27/87: Def executed by firing squad.

See PL-517/42.6

1940s: Austrian Adolf Eichmann ordered, carried out deportation to concentration camps of 130,000 Jews from France, Austria, Greece, Czechoslovakia. World Jewish Cong charged Def-Austrian: acting under Eichmann's command.

• 1954: Paris, Marseilles Cts tried Def in absentia; convicted; sentence: death. 1983: Germany asked Syria to extradite Def; Syria denied Def in Syria. 12/17/88: French Foreign Ministry sent request for extradition to Syria: Def living there under false name. 7/18/91: French J Jean-Pierre Getti signed legal request for Syria to aid in identification of Def. 8/91: Germany, France agreed jointly to seek extradition of Def. Syria continued to deny Def's presence. 9/12/91: European Parliament passed resolution (219-0, 1 abstention) suggesting 12 EC Gov'ts launch joint initiative to persuade Syria to expel Def. Pending.

Roland Weyl, Paris, France

6/26/45: 51 nations signed at San Francisco Charter establishing United Nations, including: Art 2.1) Sovereign equality of all nations; Art 2.3) All members to settle disputes by peaceful means; Art 2.4) All members to refrain from threat/use of force in int'l relations; Arts 9-22) General Assembly; Art 19) Members cannot vote in UNGA if 2 yrs in arrears in contributions; Arts 23-32) Security Council; Arts 33-38) Pacific settlement of disputes; Arts 39-51) Action re threats to peace/acts of aggression; Art 51) right of self-defense against armed attack; Art 55) UN shall promote: a) higher standards of living, full employment; b) solutions of int'l economic, social, health problems, int'l cultural/education cooperation; c) human rights for all w/out distinction as to race, sex, language, religion; Arts 61-72) Economic & Social Council; Art 71) Economic & Social Council to consult w/ NGOs; Arts 73-74) Int'l Trusteeship System; Arts 75-91) Trusteeship Council; Arts 91-96) Int'l Ct of Justice; all members ipso facto parties to Stat of ICJ; Arts 97-101) Secretariat.

• 10/24/45: Entered into force. 1993: 179 signatories.

78 UNTS 277 (1948)

3 nations introduced resolution declaring genocide a crime under int'l law: whether committed in peace or war, committing acts w/ intent to destroy "national, ethnic, racial or religious group" by killing, causing serious bodily/mental harm, inflicting conditions to cause its physical destruction, preventing births, or forcibly transferring its children; including conspiracy, direct/public incitement, attempt, complicity.

• 12/9/48: UNGA unanimously endorsed Convention. 1/12/61: Entered into force. 1993: 109 signatories, including U.S.

See PL-365/50.5

12/16/66: UNGA adopted Covenant providing: Parties to recognize right to earn a living, to form trade unions, to social security and social insurance, to family not to be hungry, to physical and mental health, to education and cultural life, etc. Verification: Each party must submit progress reports to UN Sec'y-Gen'l, to be reviewed by Economic and Social Council. Int'l action (conventions, recommendations, technical assistance, regional meetings) may be used to

• 1/3/76: entered into force. 1993: 124 signatories; pending before U.S. Senate since 1977.

12/16/66: UNGA adopted Covenant providing: Parties to recognize right to live, not to be held in slavery, to liberty, to leave/enter one's own country, to freedom of thought and opinion, not to have war or racial hatred propaganda, to a family/marriage/children, equality w/ in marriage, etc. Verification: elected 18-member Human Rights Comm of experts reviews initial reports of signatory nations, subsequent 5-yr reports; dialogues w/ reporting gov'ts. Each signatory may report on another party's failure to fulfill Covenant obligations; if not dealt w/ satisfactorily, Comm will deal w/ issue w/in 12 mths; if solution not reached, Conciliation Commn can be appointed. Duration: Unlimited, amdts approved by 2/3 of signatories.

• 3/23/76: entered into force. 1993: 122 signatories, including U.S.

See PL-98/2.2; PL-97a/51.3

12/16/66: 13 nations signed at New York. Parties agreed to enable UN Human Rights Comm to receive, consider communications from individuals claiming to be victims of violations of any rights set forth in (PL-97/2.2). Parties agree Comm shall accept only written communications re States Parties to both Covenant and Protocol, by identified individuals who have exhausted all available domestic remedies; Comm will notify State Party alleged to be in violation of Covenant that state shall submit written explanation of charges w/in 6 mths. Comm to hold closed meetings re individual submissions, forward finding to both State Party, individual concerned.

• 3/23/76: entered into force. 1993: 74 signatories, not including U.S.

12/21/65: Parties agreed to condemn racial discrimination, eliminate barriers between races, condemn racial segregation, condemn supremacist propaganda; to uphold civil, economic, social/cultural rights. Verification: elected Comm on Elimination of Racial Discrimination to be formed to review all reports from parties. Where Comm unable to reach agreement between parties, ad hoc Conciliation Comm to be formed, expenditures of which covered by parties

• 1/4/69: entered into force. 1993: 137 signatories; pending before U.S Senate.

11/30/73: 20 nations signed at New York. Parties agreed to declare apartheid as crime against humanity; condemn murder, illegal arrest, infliction on members of racial group; agreed to condemn persecution of persons opposed to apartheid. Verification: Commn on Human Rights to transmit copies of petitions, prepare lists of parties violating Convention. All unresolved disputes to be brought before ICJ. Duration: Unlimited, revision allowed.

• 7/18/76: entered into force. 1993: 97 signatories, not including U.S.

12/18/79: Parties agreed to condemn discrimination against women in all forms, to eliminate discrimination in political/public life; w/in field of education including reduction of female student drop-out rates; removal of discrimination in employment giving women equal right to social security, health protection, right to paid maternity leave; equality in field of health care; agreed to acknowledge non-monetarized work of women in rural sector; right to enjoy adequate housing, sanitation, water; parties to provide equity before law, w/in family, including same rights as men to choose family name, occupation. Verification: Reports to be submitted to Comm on Elimination of Discrimination Against Women, meeting 2 weeks/yr. Comm to report annually to UNGA. Duration: Unlimited.

• 9/3/81: entered into force. 1993: 125 signatories; pending before U.S. Senate since 1980.

1975: UNGA adopted Declaration on Protection Against Torture. 1986: UNGA debated Convention provisions: no one shall be subjected to torture or cruel, inhuman or degrading treatment. Convention defined torture as any act by which severe pain, physical or mental suffering is intentionally inflicted for purposes of obtaining confession, punishing, or intimidating, inflicted by or at instigation of/with consent or acquiescence of public official/person acting in official capacity; specifically rejected state or threat of war, internal political instability or public emergency as justifications of

• 10/10/84: UNGA adopted by consensus. 6/26/87: entered into force. 10/27/90: U.S. Senate moved to consent to ratification. 1993: 76 signatories.

11/20/89: UNGA adopted Convention w/out vote. 1/26/90: 61 countries signed at UN. Parties agree to protect civil, political, economic, social, cultural rights of children under 18, except where applicable law confers majority earlier. Parties recognize child's right to name, nationality, education, care by parents, protection against illicit transfer, sexual or economic exploitation; freedom to express views in all matters affecting children, freedom of religion, association, leisure; access to media, health care, social security programs. Parties agree to ensure adoption policies protecting interests of child; grant refugees protection/humanitarian assistance; provide care to mentally/physically disabled; establish laws, institutions applicable to children w/in penal system. Rights to be accorded in nondiscriminatory manner, taking into account rights, duties of parents/guardians as well as local custom. Parties must submit regular reports to 10-member Comm on Rights of Child. First report due 2 yrs following entry into force for Party, every 5 yrs thereafter.

• 9/2/90: Entered into force. Fall/90: U.S. Sen approved non-binding resolution urging Pres to sign. 4/91: U.S. Sens Dole (R-KS), Lugar (R-IN), Hatfield (R-OR), circulated letter expressing concern U.S. sole major Western democracy not to sign. 6/23/93: 143 signatories, not including U.S.

(UN Res 2826 (XXVI 1972)); 26 UST 583, TIAS 8062, 11 ILM 309 (1972)

4/10/72: 111 countries (including U.S., USSR) signed at Washington, London, Moscow. Parties agreed not to develop, produce, stockpile or acquire biological agents, toxins "of types and in quantities that have no justification for prophylactic, protective, and other peaceful

• 3/26/75: entered into force. 1993: 130 signatories.

26 UST 571, TIAS 8061, 94 UNTS 65 (1925)

6/17/25: 126 nations signed at Geneva protocol prohibiting use of asphyxiating, poisonous, other gases; all analogous liquids, materials or devices, in situations of war. Extension: parties agree to extend prohibition to bacteriological methods of warfare. Duration: unlimited.

• 2/8/28: Entered into force. 4/10/75: Entered into force for U.S. 1987: 126 signatories.

8/12/49: 146 nations signed at Geneva. Parties defined POW as member of armed forces, resistance group, nonmilitary personnel accompanying armed forces, crews of merchant marine/civil aircraft, who has fallen into power of enemy. Parties agreed to treat POWs humanely: POWs need only give name, rank, serial number, date of birth; detaining power: 1) shall allow POWs to retain possession of personal effects, articles of personal protection; 2) shall immediately evacuate POWs to camps safe from combat zone; 3) may use labor of physically fit POWs; 4) must allow POWs to write to Central POW agency, family, w/in 1 week of capture; 5) shall allow POWs to send/receive mail. Duration: unlimited.

• 2/2/56: entered into force for U.S. 1993: 176 signatories.

8/12/49: 145 nations signed at Geneva. Parties agreed to protect civilians in wartime, defined protected civilians as persons having had no participation in hostile activities who have fallen into hands of occupying power. Parties agreed any party to conflict may propose establishment of neutral/safety zones intended to protect wounded, sick, civilians. Protected persons entitled to humane treatment: to leave territory at beginning of conflict unless departure goes against best interest of state; occupying power shall not: withhold/change benefit of Convention, forcibly transfer protected persons unless evacuation necessary for security of population; encourage civilians to participate in armed auxiliary forces; intentionally destroy private/public property unless done by military operations. Occupying power shall assist institutions responsible for

• 10/21/50: entered into force. 2/2/56: entered into force for U.S. 1993: 176 signatories.

12/1/59: 12 countries (including U.S., USSR) signed at Washington: Antarctica shall be used for peaceful purposes only, any measures of military nature prohibited in area south of 60° S Latitude, including all ice shelves. Exclusions: Treaty does not prevent use of military personnel, equipment for scientific research or other peaceful purposes, or carrying out aerial inspections in Antarctica; rights of states under int'l law re high seas not affected. Enforcement: Any dispute not resolved by two contracting parties involved referred to ICJ for settlement. Duration: Conference to be called in 30 yrs to review operations of treaty if any parties request it.

• 6/23/61: Entered into force. 1987: 19 signatories. 1991: Parties requested conf. 10/7-18/91: Review meeting held to discuss: need for more scientific research, improvement of monitoring research facilities, control of tourism in area. Parties agreed to convene annually instead of biennially. 11/92: meeting in Venice, Italy to discuss permanent secretariat. 1993: 44 signatories.

14 UST 1313, TIAS 5433, 480 UNTS 43, 2 ILM 883 (1963)

8/5/63: 108 countries signed at Moscow (U.S., USSR, UK original parties, 15 signed but did not ratify). Preamble: Parties "seek to achieve banning of all nuclear test explosions, including ... underground." Art II: Each party undertakes to prohibit nuclear weapons tests "or any other nuclear explosion" in atmosphere, outer space, under water; to prohibit nuclear explosions in environment if they cause "radioactive debris to be present outside territorial limits of the state whose jurisdiction or control the explosions were conducted," but does not specifically ban nuclear tests underground. If 1/3 of signatories request Comprehensive Test Ban Amdt Conf, U.S., USSR, UK must convene Conf at which treaty can be changed to Comprehensive Test Ban Treaty. Duration: unlimited; withdrawals permitted on 3 mths notice if extraordinary events related to subject matter of treaty have jeopardized supreme interests of nation.

• 10/10/63: Entered into force. 116 nations signed treaty. 7/89: 41st country requested Amdt Conf to amend from Limited to Comprehensive Test Ban Treaty. 1/7/91: 96 of 118 signatory nations met at UN; proponents sought to convince U.S., USSR, UK to make this amdt; USSR supported; U.S., UK announced intention to veto. France, China did not attend: testing nations, have not signed treaty. 1/18/91: Parties voted to continue Conf (75-2, 19 abstentions). Issue pending.

18 UST 2410, TIAS 6347, 610 UNTS 205, 6 ILM 386 (1967)

1/27/67: 89 countries (including U.S., USSR) signed at Washington, London, Moscow. Parties agreed to restrict military activity in outer space; not to place in orbit around earth any objects carrying nuclear weapons, other weapons of mass destruction; nor install such weapons on celestial bodies, station such weapons in outer space; to use moon, other celestial bodies for peaceful purposes only. Exclusion: use of military personnel for scientific research, other peaceful purposes not prohibited. Enforcement: questions on use, exploration of outer space to be resolved by parties to treaty; parties conducting activities in outer space agree to inform UN Sec'y-Gen'l, public, int'l scientific community re nature, conduct, locations, results of activities. Duration: Unlimited; parties may withdraw on one yr notice.

• 10/10/67: Entered into force, including U.S. 1993: 122 nations are parties.

21 UST 483, TIAS 6839, 729 UNTS 161, 7 ILM 811 (1968)

7/1/68: 97 countries (including U.S., USSR) signed at Washington, London, Moscow. Each nuclear weapon State Party undertakes: not to transfer to any recipient nuclear weapons/explosive devices directly or indirectly; not to receive transfer of nuclear weapons/explosive devices directly or indirectly; peaceful nuclear activities of states that have not already developed nuclear weapons will not be diverted to weapons making. Verification: In accordance w/ Statute of Int'l Atomic Energy Agency, its safeguards system, through negotiation of agreements w/in 180 days from original entry into force. Promotes peaceful uses of nuclear energy w/ potential benefits of peaceful application for nuclear technology being made available to non-nuclear parties. Enforcement: 5 yrs after entry into force, conference held in Geneva to review operation of treaty; every 5 yrs thereafter, majority of parties may convene w/ objective of reviewing operation of treaty. Duration: 25 yrs after entry into force, parties shall convene to decide if treaty should continue indefinitely or be extended for additional fixed period(s).

• 3/5/70: Entered into force. 1975: Conference held in Geneva. 1993: 166 signatories. 4/95: UN NPT Review & Extension Conference.

See PL-553/50.1

23 UST 701, TIAS 7337, 10 ILM 146 (1972)

2/11/71: 87 countries signed at Washington, London, Moscow. Prohibits parties from emplacing nuclear weapons, weapons of mass destruction on seabed, ocean floor beyond 12-mile coastal zone.

• 5/18/72: entered into force for U.S. 1977, 1983, 1989: Review conferences concluded each 5 yrs of treaty. 1990-96: UN Sec'y-Gen'l to report at regular intervals on potential impact of technological developments on treaty, verification of compliance. 1993: 97 signatories. 1996 or 1997: Next review conference.

1919: League of Nations entrusted former German colony of SW Africa (Namibia) to S Africa as Mandate Territory; S Africa pledged to prepare Namibia for self-determination. S Africa imposed apartheid system on Namibia. 1966: UN revoked Namibia Mandate, declared S African occupation illegal.

• 1978: S Africa agreed to administer independence process under UN Transitional Assistance Group (UNTAG) supervision; UNSC Res 435 outlined independence plan; listed conditions for elections: cessation of hostilities, repeal of repressive/discriminatory laws, repatriation of Namibian refugees/exiles, release of political prisoners; UN Special Rep to supervise, certify voter registration, election; restriction of S African/SW African Peoples Org (SWAPO) troops to bases, withdrawal of most S African troops, demobilization of citizen, paramilitary forces; free speech, movement, press during transitional period. 1982: Constitutional Principles for Namibia issued. 1988: Angolan, Cuban troops defeated S African military at Cuito Cuanavale. 1989: S Africa agreed to implementation. UN entrusted admr of registration, election to S African colonial Gov't; reduced UNTAG peacekeeping force from 7600 to 4500. 4/1/89: Implementation began w/ only 1000 UNTAG troops present; w/in 1 week 300 SWAPO soldiers killed, many executed after surrendering. Gov't repealed many security laws, left intact Proclamation AG 8 of 1980 (divided Namibia into white/non-white areas); introduced Public Gathering Act restricting meetings. 41,000 Namibian refugees repatriated. S Africa retained unilateral claim to Walvis Bay (Namibia's only port), authority to grant/withhold observers' visas. 6/89: S Africa published draft election law w/ violations of secrecy: traceable ballots, illiterate voters (60%) to be assisted by Gov't officials; corrected, released final law 3 weeks before election. Multinat'l Commn on Independence observed registration, election. 11/89: Election of Constituent Assembly took place: 97% turnout; SWAPO won 41 of 72 seats (less than 2/3 required for ratifying Const); Democratic Turnhalle Alliance (S Africa-backed) won 21 seats; 5 smaller parties split remainder. Assembly began process of drafting Const, moving toward full independence.

8/2/90: Iraq invaded Kuwait. U.S. proposed Res to UNSC: breach of int'l peace due to invasion under Arts 39, 40 (PL-370/2.1); UNSC condemns invasion, demands Iraq "withdraw immediately and unconditionally" all forces to positions as of 8/1/90; calls on Iraq, Kuwait to begin intensive negotiations for resolution of situation; decides to meet as necessary re further steps to ensure compliance.

• 8/2/90: UNSC adopted Res (14-0); Yemen abstained. 8/7/90: Pres Bush ordered 50,000 troops to Saudi Arabia over following mth.

See PL-521a/3.2, PL-521b/3.3, PL-521c/3.3, PL-521d/3.4; PL-522/9.1, PL-522a/9.1, PL-522b/9.1; PL-523/10.1

8/2/90: Iraq invaded Kuwait, announced annexation of territory. (See PL-521/3.1). 8/6/90: UNSC considered Res 661: acting under Chap 7 (PL-370/2.1): Iraq failed to comply w/ Res 660, usurped legitimate gov't of Kuwait; imposed mandatory sanctions against Iraq to secure Iraq's withdrawal from Kuwait. Sanctions require all states to prevent: 1) import of all products originating in Iraq, Kuwait; 2) sale/supply by their nat'ls, from their territories of products to Iraq, Kuwait, not including supplies intended for medical purposes, food in humanitarian circumstances; 3) availability of economic resources to Iraqi Gov't, commercial, public undertakings in Iraq, Kuwait. Res also created UNSC Comm to report on progress, implementation of sanctions.

• 8/6/90: UNSC adopted Res 661 (13-0-2), Cuba, Yemen abstaining. 8/9/90: UNSC unanimously adopted Res 662: annexation of Kuwait invalid. 8/18/90: UNSC unanimously adopted Res 664 demanding safe passage from Kuwait, Iraq of third-country nat'ls, rescission by Iraq of orders to close diplomatic, consular missions in Kuwait. 8/25/90: UNSC adopted Res 665 (13-0-2), Cuba, Yemen abstaining, calling on states to engage in naval embargo to support sanctions imposed on Iraq under Res 661. 9/13/90: UNSC adopted Res 666 (13-2-0), Cuba, Yemen voting against, calling for assessment of food supply in Iraq, Kuwait for humanitarian purposes, noting Res 661 does not relate to medical supplies. 9/13/90: Iraqi troops occupied residence of French ambassador in Kuwait City, raided other Western missions in Kuwait. 9/13/90: UNSC unanimously adopted Res 667 condemning actions taken by Iraq against diplomatic missions, personnel in Kuwait. 9/24/90: UNSC unanimously adopted Res 669 calling on Sanctions Comm established under Res 661 to examine requests for assistance by states under Art 50 (PL-370/2.1). 9/25/90: UNSC adopted Res 670 (14-1-0), Cuba voting against: sanctions imposed under Res 661 include all means of transport including aircraft. 10/29/90: UNSC adopted Res 674 (13-0-2), Cuba, Yemen abstaining: demanded Iraq: 1) stop taking third country nat'ls hostage; 2) end mistreatment of Kuwaiti citizens; 3) protect diplomatic, consular missions in Kuwait; requested Sec'y-Gen'l use offices to achieve aims. 11/28/90: UNSC unanimously adopted Res 677: condemned Iraq's attempts to change demographic composition of Kuwait, destroy civil records; requested Sec'y-Gen'l to keep copy of Kuwait's population registration as of 8/1/90.

See PL-521/3.1, PL-521b/3.3, PL-521c/3.3, PL-521d/3.4

8/2/90: Iraq invaded Kuwait. See PL-521/3.1, PL-521a/3.2. Iraq failed to comply. 11/29/90: UNSC discussed Res 678: demanding Iraq fully comply w/ Res 660, 661-677, allowing Iraq one final opportunity, authorizing member states to "use all necessary means" to uphold Res 660, restore int'l peace in area unless Iraq does so itself on/before 1/15/91.

• 11/29/90: UNSC approved Res (12-2-1), Cuba, Yemen voting against; China abstaining. Iraq did not withdraw. 1/16/91: Ground war began in Gulf between Iraq, coalition of military forces from 34 nations cooperating w/ Kuwait.

See PL-521/3.1, PL-521a/3.2, PL-521c/3.3; PL-522/9.1, PL-522a/9.1, PL-522b/9.1; PL-653/50.7

8/2/90: Iraq invaded Kuwait. (See PL-521/3.1; PL-521a/3.2; PL-521b/3.3). 1/16/91: War broke out in Gulf between Iraq, coalition of military forces from 34 nations cooperating w/ Kuwait. 2/28/91: U.S., allied forces announced cease-fire; Iraq stopped combat. 4/3/91: Belgium, France, Romania, UK, U.S., Zaire sponsored Res 687, setting terms for permanent cease-fire in Gulf: 1) Iraq, Kuwait respect 1963 int'l boundary; 2) established demilitarized zone, requested Sec'y-Gen'l to submit plan for deploying UN observer group to monitor zone; 3) Iraq unconditionally to accept destruction/removal of all chemical, biological weapons, ballistic missiles w/ range greater than 150 km; undertake not to use, develop such weapons including nuclear weapons; Iraq to submit declaration of locations of such weapons to Sec'y-Gen'l w/in 15 days; Int'l Atomic Energy Agency (IAEA) to inspect Iraq's nuclear capabilities, submit plan to UNSC for destruction/removal w/in 45 days; 4) Sec'y-Gen'l to report to UNSC steps taken to facilitate return of Kuwaiti property seized by Iraq; 5) reaffirmed Iraq's liability under int'l law for loss, damage, injury to foreign gov'ts, nat'ls, corps resulting from invasion of Kuwait; created compensation fund, overseen by admr comm, to pay claims against Iraq, Iraq's contribution to fund to be based on percentage value of petroleum exports, considering humanitarian needs, payment capacity; 6) ended prohibition against sale/supply to Iraq of food, materials, supplies (not including weapons) essential for civilian needs; continued prohibition on import of Iraqi products until Iraq complied w/ Res; 7) Iraq to cooperate w/ Int'l Red Cross to facilitate repatriation of Kuwaitis, third-country nat'ls; 8) Iraq to inform UN it would not commit/support int'l terrorism; 9) formal cease-fire would enter into force when Iraq officially notified Sec'y-Gen'l of acceptance of Res 687.

• 4/3/91: UNSC adopted Res (12-1-2), Cuba against; Ecuador, Yemen abstained. 4/6/91: Iraq officially accepted terms of Res. 4/9/91:

See PL-521/3.1, PL-521a/3.2, PL-521b/3.3

8/2/90: Iraq invaded Kuwait. (See PL-521/3.1; PL-521a/3.2; PL-521b/3.3; PL-521c/3.3). 1/16/91: War began in Gulf between Iraq, coalition of military forces from 34 nations cooperating w/ Kuwait. 2/28/91: U.S., allied forces announced cease-fire, Iraq stopped combat. 3/2/91: Belgium, France, Romania, USSR, UK, U.S., Zaire sponsored Res 686: 1) Iraq to rescind annexation of Kuwait, accept liability for loss, damage, injury to Kuwait, third-party states, nat'ls; 2) Iraq to cease hostile, provocative action against Member States; 3) Iraq to provide UNSC information, assistance in identifying Iraqi mines, booby traps, chemical, biological weapons in Kuwait.

• 3/2/91: UNSC adopted Res 686 (11-1-3), Cuba voting against; China, India, Yemen abstaining. 4/9/91: UNSC considered Res 689: deploying UN Iraq-Kuwait Observation Mission (UNIKOM) to Gulf. 4/9/91: UNSC unanimously adopted. 6/17/91: UNSC unanimously adopted Res 699: Iraq should pay full cost of destruction of Iraqi weapons outlined in Res 687. 6/17/91: UNSC unanimously adopted Res 700, approving guidelines facilitating full implementation of arms embargo provisions of Res 687, requiring Sanctions Comm to monitor embargo, report to UNSC every 3 mths.

1967-92: Israel reportedly deported 2,000 Palestinian civilians from occupied territories. 1/2/92: Israel decided to resume expulsions, including 12 "heavily implicated in organizing terror attacks."

• 1/6/92: After debate, UNSC unanimously adopted Res 726: 1) strongly condemned 1/2/92 decision; 2) reaffirmed applicability of 1949 4th Geneva Convention to all occupied territories. 1992: Middle East peace conference convened in Madrid, applauded by Sec'y-Gen'l, Comm on Exercise of Inalienable Rights of Palestinian

Parties alleged "grave breaches" of 1949 Geneva Conventions, 1977 1st Additional Protocol (Art 2); specific violations of laws of war (Art 3). 5/25/93: UNSC passed Stat of Int'l Tribunal: Tribunal shall have power to prosecute persons committing genocide (Art 4); accused shall have rights (similar to rights of accused in ICCPR (PL-97/2.2), but no: stated standard of proof, standard of review, provision for ex parte affidavits/in camera proceedings to protect witnesses, "rape shield laws").

• Establishment of Tribunal, appointments of prosecutor, judges, proceedings pending.

Helsinki Watch, 485 5th Ave, NY, NY 10017-6104

See Bosnia, PL-731/5.4

Res proposed to UNGA calling for appointment of special commn to investigate Israeli practices affecting human rights of Palestinian people/other Arabs of occupied territories.

• 12/8/89: UNGA adopted res 44/48. Daya Perera appointed to chair special commn, start investigation immediately.

7/91: Int'l Law Commn (ILC) considered titles and text of Arts 1-26 defining specific punishable crimes including: acts of aggression by State against another State; threats of aggression against State; intervention in affairs of State; colonial/alien domination; genocide; apartheid; mass violations of human rights; war crimes; recruitment, use, financing/training of mercenaries; int'l terrorism; illicit traffic in narcotic drugs; willful/severe damage to environment.

• 11/92: GA Res 47/33: Report of ILC on Work of 44th Session urged countries to present comments/observations on draft by 1/1/93. Pending.

UNGA considered resolution to refrain from promulgating, applying laws/measures affecting sovereignty of other states, as well as freedom of trade, shipping; to take prompt steps to repeal/invalidate such measures already in effect.

• 11/24/92: UNGA passed non-binding resolution (59-3), requested Sec'y-Gen'l to elaborate by report as to fulfillment of resolution; decided to include in agenda for 48th Session.

See PL-738/50.8;

1973 ICJ 105-106, 142; 1974 ICJ 253, 457

1966: France began atmospheric testing of nuclear weapons over French-occupied Polynesian islands. 5/9/73: Australia submitted application to ICJ under Gen'l Act for Pacific Settlement of Int'l Disputes Art 17 (1928), ICJ Stat Art 36, paras 1, 2, 37, instituting proceedings against France to stop further atmospheric nuclear tests in S Pacific: French tests caused measurable quantities of radioactive matter to be deposited on Australian territory; sought interim protection (1928 Gen'l Act Art 33, ICJ Stat Art 41, Rules of Court Art 66). 5/9/73: New Zealand submitted similar application. 5/16/73: France: ICJ lacked jurisdiction, refused to appoint agent, requested case be removed from list. 6/22/73: ICJ approved interim measures of protection: Stat Art 41. Australia requested France carry out such measures by avoiding testing nuclear weapons. 7-8/73, 6-9/74: France continued to carry out nuclear tests.

• ICJ decided written proceedings should first be directed to resolution of Ct's jurisdiction. 7/4-11/74: ICJ held public h'gs on jurisdiction, admissibility of Australia's application; France not represented. 6/8-10/11/74: French Gov't made numerous statements indicating intent to cease atmospheric nuclear tests following conclusion of 1974 series, to continue underground. 12/20/74: ICJ (9-6): public statements by French Gov't conveying intention to terminate atmospheric testing had practical effect of creating binding legal obligation, France required to follow course of conduct consistent w/ statements; Australia's, New Zealand's objectives accomplished, claims no longer valid, Ct need not give decision.

See PL-469/11.1; PL-554/85.8

11/4/79: Iranian students took hostages at U.S. Embassy in Teheran. 11/7/79: Ayatollah Khomeini wanted deposed Shah returned to Iran before allowing U.S. talks on release of hostages. 11/17/79: Khomeini decreed release of black, female hostages. 11/29/79: U.S. filed application w/ICJ seeking release, protection of hostages, prosecution of those responsible. 12/9/79: Iran sent letter to ICJ; did not file pleadings or appear; argued ICJ should not hear case due to 25 yrs of U.S. interference in, exploitation of Iran, including CIA-aided 1953 coup d'etat restoring Shah to power; hostage situation was marginal, secondary aspect of overall problem.

• 5/24/80: ICJ: Iran breached obligations to U.S. under 1955 treaty; 1961, 1963 Vienna Conventions; Iran must: release hostages; ensure

3/81-4/9/84: U.S. spent over $70 million to arm, supply mercenaries to fight against Nicaraguan Gov't. 4/6/84: U.S. Pres Reagan announced U.S. would not accept ICJ compulsory jurisdiction over Central American disputes for 2 yrs. 4/9/84: Nicaragua filed in ICJ Application Instituting Proceedings against U.S. w/ Annex A: Chronological Account of U.S. "Covert Activities" in/against Nicaragua, charging U.S. intervention, use of military force w/in its borders in violation of Art 2, para 4 (PL-370/2.1); OAS Charter Arts 18, 20; general, customary int'l law. U.S. filed brief contesting ICJ jurisdiction.

• ICJ accepted jurisdiction. 5/11/84: ICJ issued interim ruling (15-0): U.S. "should immediately" stop blocking Nicaraguan ports, laying mines; (14-1) should fully respect Nicaraguan sovereignty. 11/26/84: ICJ rejected U.S. argument denying jurisdiction. 1/85: U.S. announced it would not present defense, abide by decision. 9/12/85: ICJ heard case. 6/27/86: ICJ ruled (11-4): must apply "multilateral treaty reservation" in Stat of ICJ, Art 36, para 2, acceptance of jurisdiction by U.S. (8/26/46); (12-3): U.S. activities not justified as self-defense; U.S. training, financing, arming of contras, attacking Nicaraguan territory, overflights, U.S. mining of Nicaraguan harbors all breach of obligations under customary int'l law of nonintervention, not to use force, not to violate sovereignty, not to interrupt peaceful maritime commerce; (14-1): above acts violated U.S.-Nicaragua Treaty of Friendship, Commerce & Navigation (1/21/56); failing to notify of location of mines violated customary int'l law; producing 1983 manual on guerrilla war for contras encouraged acts contrary to general principles of humanitarian law; (12-3): U.S. trade embargo on Nicaragua violated 1956 Treaty; U.S. under duty immediately to cease all such activities; U.S. obligated to make reparations to Nicaragua, amount to be determined by parties; (14-1): failing agreement by parties, ICJ will determine reparations; U.S. not directly accountable for contra activities encouraged by CIA guerrilla-training manual. ICJ unanimously recalled both parties' obligation to resolve disputes in accordance w/ int'l law. U.S. immediately reaffirmed intention not to abide by ICJ ruling. Nicaragua made attempts to negotiate damages w/ U.S., failed; asked UNSC to act. U.S. vetoed UNSC action. Nicaragua asked ICJ to determine damages; ICJ set briefing schedule. Nicaragua submitted brief detailing over $12 billion damages; U.S. did not submit brief. 2/90: Chamorro elected Pres of Nicaragua. 4/5/90: Nat'l Assembly passed Law 92 establishing gov't obligation to continue case. 6/91: Nat'l

See PL-218/5.1

7/28/86: Nicaragua sued Honduras: threats of force, military assistance to contras in transborder actions violated law, claimed ICJ jurisdiction under Bogotá Pact Art 31, under which signatories recognize compulsory jurisdiction. 8/29/86: Honduras claimed ICJ had no jurisdiction.

• 10/22/86: ICJ decided first pleadings to deal exclusively w/ jurisdiction, admissibility. 8/7/87: Central American presidents signed Esquípulas II peace accord; ICJ h'gs adjourned. 3/88: After Nicaraguan incursion, U.S. sent 3200 troops to Honduras. Nicaragua asked ICJ to reactivate proceedings. 6/88: ICJ held 6 public sittings. 12/20/88: ICJ (3-0): suit admissible under Bogotá Pact Art 31: "Contadora process" not such "direct negotiation through the usual diplomatic channels" as to exclude ICJ suit under Bogotá Pact Art 2; no such negotiations underway when Nicaragua filed suit, "Contadora process" having been concluded; ICJ had jurisdiction. Schurbel, Oda, Shahabuddeen, JJ, filed separate opinions. 4/21/89: ICJ set time limits for written proceedings on merits: 9/89 for Nicaragua, 2/90 for Honduras. 1991: Nicaraguan Parliament accepted Pres Chamorro's bill to withdraw claim against Honduras. 5/11/92: Nicaragua, taking into account parties' out-of-court settlement, decided to renounce further proceedings in ICJ. Honduras did not oppose discontinuance. 5/27/92: ICJ ordered discontinuance.

See PL-470/17.1

(Applicability of Obligation to Arbitrate under UN Headquarters Agreement of 6/26/47, §21); 1988 ICJ 77 (ICJ 1988)

1947: UNGA granted permanent observer status to Palestine Liberation Org; PLO opened office in Manhattan. 12/16/87: U.S. Cong passed Anti-Terrorism Act (ATA) (22 USC §§5201-5203) barring PLO from receiving, spending funds, operating offices in U.S. 12/17/87: UNGA passed res declaring U.S. attempt to close PLO mission violated UN Headquarters Agreement, GA Res 169 (11), 11 UNTS 11, No 147 (1947), that assured diplomats unhindered access to UN. 2/29/88: Arab nations asked UNGA to seek ICJ ruling declaring U.S. attempt to close PLO mission violation of Headquarters Agreement. 3/21/88: ATA went into effect; U.S. sued in DC seeking injunction to close PLO mission at UN.

• 4/26/88: Ruda, ICJ Pres, issued 25-page opinion, held U.S. in violation of Headquarters Agreement, U.S. bound by §21 to submit to binding arbitration. Schwebel, ICJ judge (U.S.) joined opinion.

See PL-260/30.6; PL-259/30.6; PL-318/43.14

1988-89 ICJ Yearbook 143; 1989-90 ICJ Yearbook 137; 1992-93 ICJ Yearbook 163

7/2/88: 2 surface-to-air missiles launched from USS Vincennes shot down Iran Air Airbus over Iranian territorial waters during Iran-Iraq war. U.S. Gov't insisted Vincennes fired in self-defense during attack by Iranian gunboats after giving repeated warnings to unidentified, hostile plane. 5/17/89: Iran filed application in ICJ instituting proceedings against U.S.: killing all passengers on board, refusing to compensate for damages, continuous interference w/ Persian Gulf aviation violated Chicago Convention on Int'l Civil Aviation (1944), Montreal Convention for Suppression of Unlawful Acts Against Safety of Civil Aviation (1971). Iran requested U.S. pay compensation set by Ct to Iranian Gov't for loss of plane, injuries suffered by country, families of those killed. 8/89: U.S. Gov't notified ICJ it would participate in case. 7/23/90: Iran filed written complaint.

• 1990: ICJ granted extensions of time to file. 4/4/91: U.S. filed preliminary objections to jurisdiction of Ct. 1991: ICJ granted Iran further extension. 12/18/91: ICJ asked for views of Int'l Civil Aviation Org; submitted.

After break-up of Yugoslavia, widespread fighting, rape, torture, death camps, "ethnic cleansing". 1993: Bosnia accused Serbia, Yugoslavia of violating 1948 (see PL-364/2.1), asked ICJ: for emergency ct protection from ethnic Serb militiamen, Serbia; to support lifting arms embargo preventing Bosnia from receiving military aid.

• 4/1-2/93: Bosnia presented case before ICJ; Serbia, Yugoslavia denied charges: Serbia in Civil War. Presentation of extensive testimony awaited. 4/8/93: ICJ (13-1) issued interim order: Yugoslavia to do everything in its power to "prevent the crime of genocide" in Bosnia-Herzegovina, "in particular ensure that any military, paramilitary or irregular units...directed or supported by it...do not commit any acts of genocide"; did not address exempting Bosnia from arms embargo. Russia diss: lack of proof against Yugoslavia, ill-defined/vague requirements by Ct.

Prof Francis Boyle, U of IL Law School, 504 E Pennsylvania Ave, Champaign, IL 61820

See PL-726/3.5

8/6/45: U.S. dropped first nuclear weapon on civilian city of Hiroshima. 8/8/45: U.S., USSR, France, UK signed Nuremberg Principles: defining crimes against peace, crimes against humanity, war crimes. 8/9/45: U.S. dropped second nuclear weapon on Nagasaki. 1992: Int'l Physicians for Prevention of Nuclear War predicted total exchange of existing stockpiles of nuclear bombs could result in one billion or more casualties making human survival questionable. 6/14/93: World Health Org (WHO) asked ICJ for advisory opinion on legality of nuclear weapons under int'l law (UNGA Res that prohibit use of nuclear weapons as crime against humanity, violative of (PL-370/2.1): GA Res 1653 (XVI), UN GAOR, 16th Sess, Supp No 17, at 4, UN Doc A/5100 (1962); GA Res 2936, UN GAOR, 20th Sess, Supp No 31, at 5, UN Doc A/8730 (1972); GA Res 33/71B, 33 UN GAOR, Supp No 45, at 48, UN Doc A/33/45 (1978); GA Res 34/83G, 34 UN GAOR, Supp No 46, at 56, UN Doc A/34/46 (1979); GA Res 35/152D, 35 UN GAOR, Supp No 48, at 69, UN Doc A/35/48 (1980); GA Res 36/921, 36 UN GAOR, Supp No 51, at 64, UN Doc A/36/51 (1981); Res 37/100C, UN GAOR, Supp No 51, at 83 (1982); Res 38/75, UN GAOR, Supp No 47, at 69 (1983); Res 39/63H, UN GAOR, Supp No 57, at 70 (1984); Res 40/151F, UN GAOR, 40th Sess, Supp No 53, at 85 (1986); Res 42/39C, UN GAOR, 42nd Sess, Supp No 49, at 81 (1987); Res 43/76E, UN GAOR, 43rd Sess, Supp No 49, at 90 (1988); Res 44/117C, UN GAOR, 44th Sess, Supp No 49, at 80, (1989); Res 45/59B, UN GAOR, 45th Sess, Supp No 49, at 71 (1990); Res 46/37D, UN Doc GA/8307, at 127 (1992); Res 47/53C, UN Doc GA/8470, at 112 (1993); Laws of War; Nuremberg Principles; Right to Life under UDHR). Indonesia, on behalf of nonaligned movement (110 countries), drafted res on advisory opinion on legality of use/threat of use of nuclear weapons; issues: WHO's authority to raise nuclear weapons questions; should ct respond to question concerning security policy of nuclear weapons states; should ct conclude that nuclear weapons are inherently violative of int'l law, thereby making their use illegal?

• Pending.

Peter Weiss, Co-Pres, Int'l Assn of Lawyers Against Nuclear Arms, 633 3rd Ave, 14th Fl, NY, NY 10017

Capitol Employees Organizing Group (CEOG) filed complaint against U.S. Gov't: Senate restaurant employees sought exclusive bargaining rights; Sen, Sen restaurant admr harassed, discriminated against CEOG members. 9/83: in employer poll majority rejected collective bargaining, preferred existing restaurant management over contracting out to private firms. 3/9/85: similar problem in House. 7/30/84: CEOG notified House: substantial majority of House restaurant employees signed cards asking CEOG to be exclusive labor-management representative. 6/19/85: House told restaurant employees they would be fired, replaced w/ nonunion private employees. 7/19/85: Architect of Capitol employed same unfair labor practices. 5/16/85: Gov't reply: 3 bills to include Cong under provisions of fed'l labor law expired 1984. 10/23/85: Architect of Capitol improved grievance procedures; House employees given same protection, benefits as other fed'l employees. 2/7/86: U.S. sent memo to managers: supervisors may not interfere in any way w/ right to join union.

• 1987: ILO Freedom of Association Comm: 1) recommended U.S. Gov't recognize for collective bargaining purposes organizations representative of workers employed by U.S.; requested Architect of Capitol announce willingness to bargain collectively w/ organization representing Sen restaurant workers, to organize further ballot among workers; 2) recalled it is fundamental to freedom of association that workers enjoy adequate protection against all acts of anti-union discrimination re employment, protection especially desirable for trade union officials.

8/13/87: CTUO filed complaint against U.S. Gov't/Puerto Rico: violations of trade union rights, ILO Convention on Freedom of Association: U.S./Puerto Rican Gov'ts prepare, maintain lists, files on individuals, unions described as "Separatists, Subversives"; use lists to discriminate unjustly, unconstitutionally influence ability to get employment benefits. 10/4/87: WCL joined complaint. 2/9/88: U.S. Gov't/Puerto Rico replied: civil suit pending in Puerto Rico Sup Ct re lists, cannot transmit observations, case is sub judice. 7/31/87: Puerto Rico Sup Ct: compiling files on individuals, orgs exclusively by political, ideological beliefs w/out link to criminal activity is unconstitutional; Puerto Rico must return docs in possession of police found in files opened for political, ideological beliefs.

• 1988: ILO Freedom of Association Comm: nat'l cts condemned Puerto Rican police practice of compiling blacklists including unionists, workers' orgs w/ no criminal investigation links; "blacklisting" trade union officials is serious threat to free exercise of trade union rights; recommended appropriate remedy guaranteeing Puerto Rican unionists protection against anti-union measures.

7/28/88: UMWA filed complaint against U.S. Gov't: violation of trade union rights: enforcement procedures of U.S. labor law ineffective re Enoxy Coal Corp's unfair labor practices: refusal to bargain in good faith, subcontracting mining operations to nonunion cos, anti-union discrimination against union leaders, union Vice Pres dismissal to weaken union, hiring armed security guards to harass, intimidate union members. 9/2-8/88: AFL-CIO, MIF joined complaint. 10/26/88: U.S. Gov't replied: complaint fails to provide specific information that U.S. labor laws inadequate to safeguard freedom of association; labor negotiations voluntary, not required to bargain collectively if terms unacceptable (NLRA §§8(A)(3), (5), 8(D)); union failed to file w/ NLRB; re subcontracting, union failed to file NLRB grievance, arbitrator ruled in union's favor, 2 appellate cts rev'd arbitrator's award: grievance untimely, pending in U.S. 6th Cir Ct of App; procedures fair, available to both parties; union failed to file NLRB grievance for other complaints.

• 1989: ILO Freedom of Association Comm recommended: 1) complainant did not pursue NLRA adjudication procedures for complaints for dismissal of union leader, refusal to bargain in good faith; 2) regretted excessive length of appeals procedure for subcontracting mining operations allegation; 3) subcontracting accompanied by dismissals of union leaders/members can violate employment discrimination because of union membership, activity; 4) U.S. Gov't should inform Comm of final subcontracting complaint decision; 5) U.S. Gov't should draw attention of Ente Nazionale Idrocarburi/Enoxy Coal Corp of obligation of employers, trade unions to bargain in good faith; 6) satisfactory labor relations depend on parties' attitudes towards each other, mutual confidence; 7) U.S. Gov't should inform Comm on measures taken to improve labor relations at Enoxy Coal Corp, especially Pevler coal mining complex.

7/27/90: AFL-CIO filed complaint against U.S.: U.S. labor law, jurisprudence allow permanent replacement of economic strikers violating freedom of association, rights to organize, bargain collectively. 5/2/91: U.S. Gov't replied: replacement worker doctrine (NLRB v. Mackay, 304 US 333 (1938)) balances rights/interests of

• 1991: ILO Freedom of Association Comm: unable to conclude w/ any degree of certainty whether employers increasing permanent replacement of economic strikers.

10/26/90: AFL-CIO filed complaint against U.S.: Title VII Civil Service Reform Act (CSRA 1978), many state actions violate basic rights of public servants to organize, bargain collectively: TX, GA stats; LA, NM, SC absence of stats; VA judicial, legislative cancellation of current collective agreements; TN discrimination against trade unions by refusing to grant check-off facilities because of nat'l affiliation. 12/18/90: PSI joined complaint. 5/15/92: Gov't replied: constitutional right to freedom of association applies to forming, joining, participating in union, not collective bargaining.

• After h'g, ILO Freedom of Association Comm recommended: 1) all public service workers other than those engaged in admr of state should enjoy collective bargaining rights; 2) Gov't should supply information on legislative situation in states mentioned; 3) priority should be given to collective bargaining in fullest sense possible as means for settlement of disputes arising in connection w/ determination of terms, conditions of employment in public service; 4) U.S. Gov't should transmit specific comments on alleged suspension of current collective agreements in VA, refusal to grant check-off facilities to independent unions in TN; 5) Louisville, KY, U.S. Naval Ordnance Station taking 4 yrs to settle collective agreement not conducive to sound industrial relations.

3/5/90: UFCW filed complaint against U.S. Gov't: violations of trade union rights: U.S. labor laws, enforcement do not adequately protect trade union, worker rights, including freedom of association, right to organize against anti-union conduct of certain employers; legal remedies prove ineffective when NLRB finds organizational rights violated; NLRA §§10(J), (L) treat trade unions, employers unequally. 3/13-4/9/90: AFL-CIO, FIET joined complaint. 10/19/90: U.S. Gov't replied: U.S. labor laws adequately protect trade union, worker rights, including freedom of association, right to organize (1st Amdt, NLRA §§1, 7, 8(A)(1), 10), in compliance w/ ILO

• 1992: ILO Freedom of Association Comm recommended U.S. Gov't: 1) guarantee access of trade union representatives to work-places, w/ due respect for rights of property, management, so trade unions can communicate w/ workers to apprise them of potential advantages of unionization; 2) draw attention of companies concerned to its conclusions in this case; 3) stress to all parties the need to develop harmonious labor relations on basis of mutual confidence when companies violate trade union rights; 4) ensure that workers, employers will be treated equally re unfair labor practices.

2/13/91: During U.S. air raid bombing, Dr Khader's wife, 4 daughters killed in U.S. shelter. 2/13/92: Pl filed petition w/ UN Human Rights Commn charging U.S. w/ gross violations of laws of war.

• 1992: Pl filed petition for compensation for damages. UN Compensation Commn attorneys: Khader eligible under Commn's mandate to compensate all victims of Iraqi "unlawful invasion and occupation of Kuwait." Pending.

Beth Stephens, Jennifer M Green, José Luis Morín, CCR, 666 Broadway, 7th Fl, NY, NY 10012

8/2/90: Iraq invaded Kuwait. 8/90: Hundreds of thousands of foreign workers living in Kuwait, Iraq fled to Jordan. Jordan requested help from UN.

• 8/29/90: UN Sec'y-Gen'l de Cuéllar designated UN Disaster Relief Org to coordinate w/ UN High Commr for Refugees (UNHCR), Int'l Org for Migration (IOM), Jordanian Red Crescent, Int'l Comm of Red Cross. 9/90: Aided by Jordanian funding, IOM organized 40 evacuation flights daily to repatriate 700,000 refugees to countries of origin. 10/90: UNHCR, IOM set up 9 transit camps in Jordan in cooperation w/ World Health Org, UN Children's Fund, UN Development Programme, UN Volunteers, UN Relief and Works Agency for Palestine Refugees, 37 NGOs.

See PL-522a/9.1, PL-522b/9.1; PL-523/10.1

8/2/90: Iraq invaded Kuwait, causing hundreds of thousands of refugees to enter Jordan from Kuwait, Iraq (see PL-522/9.1).

• 1/11/91: Anticipating second surge of refugees at outbreak of war, UN Disaster Relief Org (UNDRO) requested $38 million to feed, shelter, repatriate 400,000 refugees in temporary camps in Syria, Turkey, Iran, Jordan. Nations responded w/ donations. UNDRO set up several camps stocked w/ 3 mths supplies. 1/16/91: War broke out between Iraq, coalition of military forces from 34 nations cooperating w/ Kuwait. 1-3/91: 65,000 refugees left Iraq for temporary refugee camps established by UN.

See PL-522/9.1, PL-522b/9.1; PL-523/10.1

8/2/90: Iraq invaded Kuwait. 1/16/91: War broke out between Iraq, coalition of military forces from 34 nations cooperating w/ Kuwait. 2/28/91: U.S., allied forces announced cease-fire, Iraq stopped fighting. Iraqi Kurds began fleeing toward Turkey, Iran, totalling 1.1 million refugees.

• 4/5/91: UN Disaster Relief Org (UNDRO) announced emergency appeal for $137 million to aid Kurds. UNSC adopted Res 688 demanding Iraq end repression of Kurdish civilians, insisting Iraq allow int'l humanitarian orgs access to all. 4/9/91: UNDRO released new urgent refugee plan, requesting $400.2 million to assist 1-5 million refugees. 4/16/91: U.S. announced intent to send 10,000 troops to build

See PL-522/9.1, PL-522a/9.1; PL-523/10.1

8/2/90: Iraq invaded Kuwait. 1/16/91: War began in Gulf between Iraq, coalition of military forces from 34 nations cooperating w/ Kuwait. 2/28/91: U.S., allied forces announced cease-fire; Iraq stopped combat. Kuwait's reconstruction estimated at $100 billion, damage to nat'ls estimated at $70 billion. 4/3/91: UNSC: aff'd Iraq's liability under int'l law for loss, damage, injury to foreign Gov'ts, nat'ls; recommended creation of Compensation Fund (see PL-521c/3.3) to handle claims of displaced guest workers, lost resources, special hardship pleaded by 21 states under Art 51 (PL-370/2.1).

• 5/20/91: UN created Compensation Fund in Geneva to be administered by UN Compensation Commn: 1) Governing Council of 15 representing 15 UNSC members; 2) Secretariat to administer Fund; 3) Commrs to resolve claims presented to Commn, drawn from register of experts in law, accounting, insurance, finance, environment; Commn requires Gov'ts to submit consolidated claims, provides for Iraq's contribution to fund based on percentage of oil revenues. Governing Council issued criteria for expedited processing of urgent claims to provide immediate relief for: 1) departure from Iraq, Kuwait; 2) personal injury; 3) death; set fixed levels of compensation, ie, $4,000 for claims based on departure. Work proceeding.

See PL-521/3.1, PL-521a/3.2, PL-521b/3.3, PL-521c/3.3, PL-521d/3.4; PL-522/9.1, PL-522a/9.1, PL-522b/9.1

(Int'l Arbitration Tribunal, Geneva)

7/10/85: Greenpeace sailed flagship Rainbow Warrior to lead protest against French underground nuclear testing on S Pacific island of Muruora. French secret service agents sank ship w/ explosives in Auckland Harbor. Pls sued for damages. Parties agreed to arbitrate. Pls raised int'l law, liability of secret services, tort law, damages.

• 10/2/87: Tribunal awarded Pls $8.16 million (U.S.), including $1.2 million aggravated damages in proceedings, text of award held confidential under arbitral agreement.

Lloyd N Cutler; Duncan Currie, Greenpeace Int'l

See PL-554/85.8

Special Comm on Situation re Implementation of Declaration on Granting of Independence to Colonial Countries & Peoples discussed issues: S Africa, apartheid, Trust Territory of Pacific Islands, Puerto Rico, military activities in U.S. territories.

• 2/4/92: U.S. sent letter to UNGA Pres: urging Special Comm to reform its work, stop taking up such "inappropriate" issues, "set aside ... past ... practices focus on ... outmoded agenda."

Nat'l Defense Counsel for Victims of Karoshi (death from overwork), Nat'l Inst of Public Health, labor unions prepared documentary film/other documents re 10,000 deaths/yr from overwork, eg, 100-200 hrs overtime/mth in subsidiary plants supplying parts to Toyota; 1989: Japanese production workers averaged 2,159 hrs/yr, W German 1,638, French 1,636; filed w/ Human Rights Comm in preparation for Comm dialogue w/ Japanese Gov't on its report under (see PL-97/2.2).

• 5/93: Human Rights Comm received documentation. Comm h'g pending.

22 UST 762, TIAS 7137, 634 UNTS 364, 6 ILM 521 (1968); 28 ILM 1400 (1989)

2/14/67: signed at Mexico City. Parties agreed to limit spread of nuclear weapons by preventing their introduction into Latin America; to use exclusively for peaceful purposes nuclear material, facilities under their jurisdiction, to refrain from participating in testing, use, manufacture, production, possession or control of any nuclear weapon. Enforcement: Parties to negotiate problems w/ Int'l Atomic Energy Agency; to establish org to ensure compliance: Agency for Prohibition of Nuclear Weapons in Latin America. Duration: permanent.

• 4/22/68: Entered into force. 1993: 26 nations are parties.

PROTOCOL I: Calls on nations outside treaty zone to apply denuclearization provisions of treaty to their territories in zone.

• UK, Netherlands ratified; France, U.S. only signed.

PROTOCOL II: Nuclear weapons states undertake to respect denuclearized status of zone, not to contribute to acts involving violation of obligations of parties, not to use/threaten to use nuclear weapons against contracting parties.

2/14/67: Signed at Mexico City, adhered to by France, China, UK, U.S., USSR.

• 5/12/71: Entered into force for U.S., which included understandings, declarations in instrument at ratification (22 UST 760). 1990: 25 signatories.

5/86: 5 Central American Pres met, began peace process: Cerezo (Guatemala), Arias (Costa Rica), Hoyo (Honduras), Cristiani (El Salvador), Ortega (Nicaragua).

• 8/7/87: 5 Pres signed accord calling on each country to: negotiate cease-fires in civil war, grant amnesty to political prisoners, end aid to guerrillas, promote democracy/reconciliation, encourage refugees/exiles to return. UN began effort to raise $310 million for refugees; European Community pledged to finance start-up of Central American parliament envisaged in Plan. 2/89: 5 Pres met in El Salvador: created Commn on Environment and Development to regulate use of natural resources. 8/89: 5 Pres met to monitor progress: civil wars continued but did not engulf region; aid to guerrillas largely ended; outlet to negotiated solutions opened; Nicaragua Gov't/opposition established election, amnesty plan; strong Guatemala military threatened democracy; oligarchy, violence continued in El Salvador.

8/24/83: U.S. bombed Richmond Hill Insane Asylum in Grenada, West Indies, killing approximately 20 patients, wounding unascertained number. 11/5/83: Pets filed petition to testify before Commn: bombing violated American Declaration of Rights and Duties of Man (Arts I, XI), urged Chairman of Human Rights Commn to take provisional measures to avoid irreparable damage to persons bombed out in accordance w/ Regs of Commn (Art 26.3); to hold h'g. U.S. admits bombing occurred. Pets alleged: bombing in violation of (PL-370/2.1), OAS Charter, 1949 Geneva Conventions Art 16-20, not subject to military necessity or military error defenses, exhaustion of remedies in U.S.

• 4/17/86: Commn found exhaustion, cause of action stated, granted admissibility of testimony—first time in case against U.S. 1988: OAS working out liability, in negotiation w/ U.S. for aid to ameliorate damages: funds for new hospital, equipment, etc.

Rights Comm of Int'l Disability; Karen Parker; James Donald, Dept of Rehabilitation

3/12/84: INS apprehended 3 Pets-Salvadoran citizens. 6/28/84: Pets filed request for Commn to issue declaratory opinion stating their right to "non-refoulement" to El Salvador while hostilities, human rights violations continue.

• Canada agreed to be asylum country, not threatening refoulement, not OAS signatory. Case moot as to U.S.

Karen Parker, 154 5th Ave, San Francisco, CA 94118

10/12/82: Margarito Lupercito Deanda, 17 yr-old agricultural laborer near Westley, CA, tried to elude U.S. Border Control agents during farm/ranch operation by jumping into Delta Mendota Canal; drowned. Council sued challenging INS practice of raiding farms, ranches bordered by waterways to interrogate/apprehend aliens, failing to give agents life-saving training/equipment; since 1974, 13 Mexican, Guatemalan nat'ls drowned; U.S. Gov't practice violates American Convention on Human Rights, Arts I, XVIII, XXV, XXVI, and Arts II, VI, VII, XVII. 2/27/85: U.S. replied: Pet failed to exhaust domestic remedies; complaint does not state violation of American Declaration of Rights of Man.

• 7/1/85: Commn found petition inadmissable: U.S. not party to

Stephen Rosenbaum, New College Law School, 50 Fell St, San Francisco, CA 94102

1981-82: 2 Honduran civilians, Saul Godínez, Manfredo Velásquez Rodríguez, "disappeared" in Honduras. 1985: Velásquez' family filed petition against Honduras in OAS Inter-American Commn. After h'g, Commn held for Velásquez. Commn filed for de novo review. 1986: Honduras accepted Ct's jurisdiction.

• 10/87, 1/88: Ct heard testimony of 12 witnesses, oral arguments by Honduran Gov't, Inter-American Commn. 7/29/88: Ct unanimously (7-0) rejected allegation of failure to exhaust domestic legal remedies; declared Honduras violated obligations under American Convention on Human Rights to ensure right to personal liberty (Art 7), humane treatment (Art 5), life (Art 4, Art 1 (1)); ordered Honduras to pay damages to victim's family, in Ct's first verdict since creation in 1979 finding a State Party in violation of convention. Honduras announced it would comply.

12/20/89: U.S. invaded Republic of Panama: killed over 2,000 Panamanians, made 18,000 homeless according to Panamanian human rights orgs. 70 civilian Pls filed complaint before OAS Commn seeking: ruling on illegality of invasion under int'l law; compensation for intervention, deaths, injuries, human rights violations; investigation of damages.

• 8/90: Commn preliminarily accepted case, requested U.S. reply. U.S. reply objected to jurisdiction, admissibility. 6/91: Pls responded. 2/93: oral argument; pending.

José Luis Morín, Beth Stephens, Michael Ratner, CCR, 666 Broadway, 7th Fl, NY, NY 10012

9/21/76: Orlando Letelier-Chilean exile leader/ambassador under Allende Gov't assassinated in Washington, DC. 8/78: Pls-relatives sued: Def-Gov't directed assassination. See PL-279/30.1. 11/5/80: Green, DJ, DC DC, issued default judgment: Gov't, agents of Pinochet responsible for assassination; ordered $2.9 million damages. Def did not respond. Pls attempted to pierce corporate veil, collect from Chile nat'l airlines (LAN) in NY; unsuccessful. See

• 1988: U.S. State Dept espoused Pls' claim, demanded payment from Def. 1/12/89: U.S. invoked 1914 Treaty for Settlement of Disputes Between U.S., Chile. 6/11/90: Chile agreed to pay reparations to Pls, w/out admitting liability; amount to be determined by Commn of 5 arbitrators per 1914 Treaty; facilities of Commn to be provided by OAS Inter-American Commn on Human Rights. 10/4/91: U.S. delivered presentation. 11/7/91: Chile delivered presentation. 11/19/91: U.S. commented on Chile's presentation. 1/11/92: Commn applied standard: awarded $2.6 million to Pl-widow, others injured.

Prof Michael E Tigar, Lynne A Bernabei, Samuel J Buffone, 1001 Pennsylvania Ave, Washington, DC 20004

See PL-279/30.1, PL-279a/33.3; PL-126/-20.2

9/15/54: Def-Fisk U prof subpoenaed by subcomm of Comm on UnAmerican Activities (HUAC) investigating Communist infiltration in labor, education; asked if member of Communist Party (CPUSA) when attending anti-war American Youth Cong meeting in 7/41; whether CPUSA infiltrating American Federation of Teachers in 1953. Def testified not now member CPUSA, refused to answer questions, refused to invoke 5th Amdt privilege against self-incrimination. 2/24/55, 7/11/56: Def indicted: contempt of Congress (22 USC §192).

• At trial Def asserted question not pertinent to subject of inquiry ( 354 US 178). Cecil, DJ, acquitted Def: subcomm failed to identify issue under inquiry w/ adequate clarity, failed to explain pertinence of question at issue, therefore Def had no opportunity to fairly determine whether he was w/in rights in refusing to answer.

448 F2d 369 (9th Cir 1971); stay denied 92 SCt 4 (1971); 409 US 1013 (1972); (CD CA No 9373-WMB, 1973); Ginger, "Pentagon Papers Case Collection" (MCLI 1975)

10-11/69: Defs Ellsberg, Russo copied Pentagon Papers, secret DoD study of U.S. involvement in Vietnam. 11/69: Ellsberg gave copy to Chairman of U.S. Sen Foreign Relations Comm. 6/13/71: New York Times began publishing Pentagon Papers, sued by U.S. to stop. 6/30/71: USSC upheld right to publish (403 US 713 (1971)). 6/30/71: U.S. indicted Ellsberg for theft, espionage. 12/29/71: Grand jury issued second indictment charging Russo as co-Def, conspirator.

• Spring 1972: Trial began, jury selected. 7/72: Defs alleged illegal wiretap by Gov't of Def, Def's lawyers, moved for dismissal. Byrne, DJ, denied motion, suspended trial pending Defs' interlocutory appeal; USSC denied. 9/12/72: Byrne, DJ, declared mistrial, ordered selection of new jury. New trial began 1/17/73. Defs filed motions to dismiss charges: Gov't misconduct, including: 1) suppression of evidence; 2) invasion of physician-patient relationship; 3) illegal wiretapping; 4) destruction of relevant documents; 5) disobedience of judicial orders; confidential meetings between Ehrlichman (for Pres Nixon) and Byrne, DJ, offering J important Gov't admr position. 5/11/73: Byrne, DJ, granted motion to dismiss as only remedy assuring due process, fair administration of justice.

Leonard B Boudin, Dolores Donovan, Charles Nesson, Leonard Weinglass

3/11,18/71: Def testified before grand jury, learned of criminal investigation into his business activities. 4/7/71: Def fled to Rhodesia, later registered as resident alien, established residency. 4/30/71, 2/16/72: Def indicted: conspiracy to defraud bank, conspiracy to defraud U.S., embezzlement, etc. Shortly before 2nd indictment, U.S. Atty sought extradition through State Dept. U.S. had no extradition treaty w/Rhodesia; UNSC Res 277 (3/18/79) called on Member States to deny any recognition to Rhodesia. State Dept made only informal extradition request; held that conditions imposed by Rhodesia amounted to recognition. 7/13/78: Def returned to U.S. voluntarily.

• 10/3/79: Leighton, DJ, dism'd Def's motion to dismiss indictment as violation of 6th Amdt right to speedy trial: Def had sought asylum in Rhodesia, State Dept required to observe (PL-370/2.1), UNSC Res 277; Def could not complain delay deprived him of rights.

Paul Bradley, 343 S Dearborn St, Chicago, IL

Late 1984: Def drove 3 Salvadorans to bus station; indicated: transporting illegal aliens.

• Def filed affidavits detailing tumult in life of Vela, DJ, pressure on him re his church, due to community's deep concern about sanctuary movement, extra-judicial bias in his rulings. Vela, DJ, recused self, under 28 USC §144. Head, DJ, denied 50 of 53 pretrial defense motions, including 1st Amdt, int'l law defenses, limiting trial to issue: whether Def's action of driving refugees to bus station furthered their illegal presence in U.S. 1/24/85: Jury acquitted.

Jim Larsen, Dennis Riordan, Ellen Yaroshevsky, Michael Altman, Daniel Sheehan, Lisa Brodyaga, Steve Cooper

See PL-154/23.9

6/85: 29 demonstrated in office of U.S. Sen as part of Pledge of Resistance, Louisville; arrested. At arraignment, Defs announced intent to use Nuremberg, necessity, 1st Amdt defenses: freedom to speak includes freedom to be heard; today only way to be heard is to act.

• U.S. Atty dropped charges before trial.

Anne Braden, pro se

9/21/76: Orlando Letelier-Chilean exile leader/ambassador under Allende Gov't assassinated in Washington, DC. 8/1/78: U.S. indicted Def-captain, Chilean secret police (DINA), requested extradition from

• 2/5/87: At trial, Def implicated: Chilean Pres Pinochet in covering up assassination, former DINA chief, chief of operations in directing assassination. Def pleaded guilty: accessory after the fact to murder. Def entered fed'l witness protection program. 5/6/87: Parker, DJ, sentenced: 7 yrs prison. Pending: Request for extradition of former DINA heads; trial of former DINA heads in Chile. Fed'l law prohibits U.S. aid, military sales to Chile until U.S. Pres certifies Chile has taken "appropriate steps" to bring those indicted to justice.

Joseph diGenova, U.S. Atty

See PL-279/30.1, PL-279a/33.3, PL-279b/18.2

8/86: Poet, Evangelical Lutheran minister walked across int'l bridge to Ciudad Juárez, Mexico; met 2 pregnant Salvadorans wishing to deliver babies in U.S., give them up for adoption; arranged for women's entry w/out documents to U.S.; returned to El Paso, picked up 2 women; drove them to Albuquerque. 12/10/87: Defs indicted: transporting illegal aliens (8 USC §1324(a)).

• 7/13/88: At jury trial, Def-poet claimed freedom of press denied; Def testified he heard Karen Parker lecture, took notes, motivated action. As expert witness, Parker testified to content of lecture: since there is war in El Salvador, civilians protected by Rules of Armed Conflict including right to seek, receive humanitarian assistance, also required by (PL-525/2.5, treaty ratified by U.S.); Defs had right to offer, provide such assistance to those protected by Conventions, act could not be criminalized; these civilians cannot be termed illegal aliens if protected by Conventions. DJ denied necessity defense, allowed "mistake of law" re Gov's 1986 Sanctuary Proclamation. 8/2/88: Jury acquitted.

Alice Hector, Karen Snell

1985: U.S. suspected Def of smuggling military plans to S Africa, obtained wiretap. 1987: Def's associate caught w/ military manuals bound for S Africa. Def arrested: violating Comprehensive Anti-Apartheid Act (22 USC §5067), Arms Export Control Act (18 USC §371).

• 1988: Fernandez, DJ, convicted: 10 yrs, all but 4 mths suspended. 1/9/89: 9th Cir, Norris, CJ, aff'd: wiretap did not violate 4th Amdt rights.

2/1/88: Def took 10 hostages at local newspaper to dramatize plight of local blacks, Native Americans. Def surrendered to fed'l authorities after negotiating w/ Gov, arrested: 1984 Anti-Terrorism Act violations:

• 2/17/88: Dixon, DJ, denied bond. Def obtained counsel, appealed. 4/19/88: On reh'g, Boyle, DJ, denied bond. 7/2/88: 4th Cir rev'd, Def released on bond. 8/31/88: 4th Cir, en banc, vacated earlier order, returned Def to custody after manhunt. 9/26/88: Boyle, DJ, denied Def's request for continuance, started trial although Def lacked counsel. Jury trial: 9 blacks, 3 whites. Def proceeded pro se, asserted denial of counsel, called witnesses. 10/14/88: Jury acquitted on all counts.

Eddie Hatcher, pro se; William Kunstler, Barry Nakell, Ron Kuby, Stephanie Moore, 13 Gay St, NY, NY 10014

See PL-367a/28.18; PL-367b/49.6

6/7/88: Def came to aid of John Heid, protester being beaten by U.S. marshals at Washington, DC Fed'l Cthouse; both arrested: assaulting federal officer (18 USC §111).

• 6/8/88: Magis imposed stay-away order on Def. 6/13/88: Magis found "probable cause" to order Def to appear before grand jury. 6/21/88: DJ ruled stay-away order unconstitutional: Def "perfectly welcome" to enter cthouse; released Def, overturned stay-away order. 12/13/88: At trial on assault charge, DJ refused Def-Heid's motion to instruct jury that going limp could not constitute forcible conduct; jury acquitted Wardlaw, convicted Heid. 6/8/90: DC Cir, Buckley, CJ, aff'd.

Nina Kraut, Sebastian KD Graber, Washington, DC

See PL-332a/44.3

1985-87: Def filed tax returns w/out paying full amount due: conscientious objector to supporting military programs. 6/88: IRS summoned Def; Def refused to provide requested information on assets: would expose Def to prosecution for evasion, nonpayment of taxes (26 USC §§7201, 7203), violate protection against self-incrimination (5th Amdt). IRS sought to enforce summons on DC: Def exposed to prosecution in tax returns, would not be further exposed by providing information on assets; Def not referred for prosecution (although IRS refused to grant immunity).

• 7/23/90: Murray, DJ, dism'd IRS petition to enforce summons: Def had reasonable fear of prosecution; information requested potentially incriminating.

5/89: Kowalski, DoJ Deputy Section Chief, Civil Rights Div, led investigation re white supremacist activities. 7 Defs arrested. 5/89: Def-Wood,

• Defs Flowers, Cannon pleaded guilty to 1988 Civil Rights Act violations at Lee Park: intimidating/beating minorities; Def-Wood pleaded guilty to interstate flight to avoid prosecution/grand jury testimony.

Def-retired Air Force Gen'l/private businessman used network of companies, "The Enterprise", to channel arms to Iran, money to Nicaraguan contras. Def took average 38% profit from arms sales (of $16 million profits from arms sales to Iran, $3.8 million reached contras), told Cong he was unaware North obtained money from "Enterprise."

• 11/8/89: Def pleaded guilty to lying to Congressional investigators. 1/24/90: sentence: 2 yrs probation.

Def-businessman worked as middleman in supplying arms to Iran, money to contras; kept $9 million profits in Swiss bank accounts; bought security fence for North from proceeds of arms sale to Iran.

• 11/21/89: Def pleaded guilty to misdemeanor charge of aiding, abetting supplementing North's income. Lake Resources-Def's co pleaded guilty to felony theft of Gov't property. 2/1/90: Def sentenced: 2 yrs probation, $5,000 fine.

12/18/88-3/30/90: Def wrote 5 threatening, racially abusive letters to American-Arab Anti-Discrimination Comm in Detroit, Arab-American professor; enclosed warning for Arab-Americans to return to "own country", newspaper cartoon w/ threat to avenge death of Marine Lt Col Higgins; FBI arrested Def: mailing threatening letters. Def pleaded guilty.

• 12/11/90: Newblatt, DJ, sentenced Def: 6 mths jail, 3 yrs probation, $2,000 fine.

American-Arab Anti-Discrimination Comm, 1731 Connecticut Ave NW, Ste 400, Washington DC 20009

2/25/91: In demonstration protesting ground war in Iraq, Defs blocked entrance to Fed'l Cthouse in Spokane, 6 Defs did not move when ordered; arrested: failure to comply w/ lawful direction of Fed'l Protective Officer (41 CFR 101-20.304). Defs forfeited bail; Def-Mangan filed motion raising int'l law to justify protesting unlawful U.S. actions in Iraq: 1907 Hague Convention Re Laws, Customs of War on Land, 1949

• 5/3/91: DC dism'd: code section language too vague.

Al Mangan, pro se, W 2122 Dean, Spokane, WA 99201

See PL-525/2.5; PL-364/2.1

1983: U.S. deported Def to El Salvador. 7/89: Def, case officer, Intelligence Dept, Salvadoran Army First Infantry Brigade "Death Squad", led troops in 2 murders of suspected members of Farabundo Martí Nat'l Liberation Front; Def fled to U.S.; U.S. arrested Def: reentry after deportation; convicted: 6 mths prison. 1989: U.S. rearrested Def (8 USC §1326 (1988)): extradition on murder charges; Def applied for political asylum: his superiors ordered him to murder. 5/20/90: Asylum h'g conducted: pending. 6/90: U.S. charged Def: illegal entry into U.S. w/out permission of Atty Gen'l after being arrested, deported from U.S.

• Hilton, DJ, convicted Def. 10/22/91: 4th Cir aff'd, Niemeyer, CJ: Def did not show visa prior to reentry; Def not entitled to evidentiary h'g on claims of prosecutorial vindictiveness.

Libby Cooper, El Rescate, 1340 S Bonnie Brae, Los Angeles, CA 90006

(ND IL Cr No 180, 1970); 472 F2d 340 (7th Cir 1972)

1968: Defs-members of Nat'l Mobilization Comm to End the War in Vietnam, Youth Int'l Party, arrested: 1) making speeches to incite riot at 1968 Democratic Nat'l Convention, 2) travelling in interstate commerce w/ intent to do so, conspiracy, under 1968 Anti-riot Act (18 USC §2101).

• 2/20/70: After jury trial before Hoffman, DJ, jury acquitted all Defs of conspiracy, acquitted 2 Defs of teaching use of incendiary device, convicted 5 Defs on 2 counts. Defs appealed. 2/8/72: 7th Cir, Fairchild, CJ, rev'd, remanded: while Act not unconstitutionally vague/overbroad 1st Amdt, where prosecution involved conflicts w/ police, generated extensive publicity, it was error to fail to make some minimal inquiry on voir dire into attitude of prospective jurors re protests against involvement in Vietnam War, relationships w/ law enforcement officers, exposure to pretrial publicity. U.S. did not retry any Defs.

Arthur Kinoy, Helene E Schwartz, Doris Peterson, William M Kunstler, Morton Stavis, CCR, 666 Broadway, 7th Fl, NY, NY 10012; William W Brackett, Thomas M Haney, Thomas P Sullivan, Chicago, IL; Stuart S Ball, Jr, Leonard I Weinglass, Newark, NJ

4/29/79: Defs protested nuclear weapons at Rocky Flats Nuclear Weapons Plant; arrested: trespass (42 USC §2278(a)).

• At jury trial, Defs argued necessity defense, invalidity of arrests: 1) arrest site not publicly designated; 2) Fed'l Govt's property interest insufficient to sustain trespass conviction; 3) arrest made on state, not fed'l property: U.S. w/out jurisdiction to make arrests. Jury convicted. 1/5/81: 10th Cir rev'd: convictions invalid; designation of boundaries in Fed'l Reg 4/13/79 failed to comply w/ provisions of 5 USC §551, 42 USC §7191).

John S Evangelisti, Jonathan L Olom, Timothy Correll

5/19/79: Def-lawyer among group demonstrating on beach adjacent to U.S. Naval Station, Vieques, PR, against U.S. military occupation, bombing practice on the island; 21 arrested; trespass (18 USC §1382).

• At bench trial, Torruella, DJ, convicted Def; sentence: 6 mths, $500 fine. 1/22/80: Amicus brief submitted by NLG argued conviction should be rev'd on grounds of selective prosecution. 5/19/81: 1st Cir: Gov't failed to prove all elements of offense charged; rev'd conviction, dism'd charges: Gov't did not prove place of arrest was on Puerto Rican soil.

Martin R Stolar; Daniel L Alterman, Paul M Giulemetti, NY, NY

2/84: Def-worker at church-supported refugee center attempted to drive 2 Salvadoran aliens to INS office to file asylum claims under (PL-356/50.2, 8 USC §§1101(a)(42)(A), 1158, 1253(h)); arrested en route: conspiracy, transporting illegal aliens w/in U.S. (8 USC §1324(a)(2)).

• Jury convicted; Vela, DJ, sentenced: 90 days suspended, 2 yrs supervised probation. 6/18/85: 5th Cir rev'd: Def entitled to jury instruction: conviction dependent on proof Def willfully transported in furtherance of unlawful purpose; Def's belief aliens' qualifications for political asylum entitled them to legal status prior to asylum claim not permissible defense. Remanded for new trial. U.S. Atty dropped case.

Dennis P Riordan, Karen Leigh Snell

See PL-154/23.9

5/16/81: Def distributed anti-war leaflets during open house at Hawaiian Air Force base, after having been previously barred from entering base; arrested: illegal reentry (18 USC §1382). Def argued 9-yr-old bar letter no longer valid, entered base legally: base open to public for open house.

• DJ convicted. 7/22/83: 9th Cir rev'd: Def's actions protected by 1st Amdt. 6/25/85: USSC rev'd (6-3), O'Connor, J: Def violated 18 USC §1382 by reentering base; enforcing bar letter did not violate 1st Amdt. Stevens, J (Brennan, Marshall, JJ) diss: §1382 not intended to prevent visit during open house. 3/6/86: 9th Cir aff'd conviction: enforcement did not violate Def's due process rights although no hearing on bar letter.

William A Harrison, Gima, Harrison & Matsouka, 707 Richards St, Honolulu, HI 96813; Yvonne B Chotzen

7/2/80: Pres issued Proclamation #4771, 3 CFR 82 (1981), directing 18 yr-old men to register for draft under Military Selective Service Act (50 USC App §453). Pet refused, sent letters to Pres stating he would not register. Abiding by their "passive enforcement" policy, Selective Service sent several letters to Pet. Under "beg" policy, DoJ tried to persuade Pet to register or face prosecution. Pet refused; indicted: failing to register.

• DJ dism'd indictment: Gov't failed to rebut Pet's prima facie case of selective prosecution. 9th Cir rev'd: Pet failed to show Gov't focused investigation on him because of protest activities. 3/19/85: USSC aff'd (7-2): Gov'ts "passive enforcement", "beg" policies do not violate 1st, 5th Amdts. Powell, J (Brennan, J) diss. On retrial Pet pleaded guilty. 9/9/85: DJ sentenced Def: 6 mths house arrest at grandmother's home.

Mark D Rosenbaum, Dan Stormer

9/12/83: Victor Gerena robbed $7.2 million from employer-Wells Fargo Bank, Hartford, CT; never seen again. 1985: FBI conducted

• 10/7/85: Eagan, U.S. Magis, ordered 4 Defs detained: flight/dangerousness, 1 on risk of flight, 1 on dangerousness, released 2 Defs on bail. 1985: Clarie, DJ, aff'd, rev'd. 5/2/86: 2nd Cir, Newman, CJ, remanded as to 2 Defs detained on dangerousness alone: 8 mths prolonged detention based on prediction of future dangerousness constitutes punishment w/out trial, violates 5th Amdt; aff'd as to remaining 6 Defs. 7/25/86: Clarie, DJ, on remand, allowed continued pretrial detention of 2 Defs based on risk of flight. 11/20/86: 2nd Cir vacated, remanded, Newman, CJ: constitutionality of pretrial detention under due process depends on length of detention, speculative nature of future detention, extent prosecution liable for delay, risk of flight: 14 mth detention partially Govt's fault, 2 Defs must be released on bail. 11/26/86: USSC dism'd cert. 1987: Clarie, DJ, released 4 co-Defs: continued detention of 2 other Defs as unacceptable flight risks does not violate due process. 6/2/87: 2nd Cir aff'd, Miner, CJ: Defs' motion for conditional release denied; projected 3 yrs pretrial detention can be constitutionally acceptable. 1987: At pretrial h'gs, DJ: most sections of search warrants over-broad, seizures under these unconstitutional. 1/88: Clarie, DJ: released 1 Def in renewed bail application, continued detention of last Def. 4/88: DJ, per curiam, rev'd as to last Def: continued detention violates 5th Amdt. 7/88: Clarie, DJ: hundreds of Gov't tapes (wiretaps, oral interceptions) inadmissable: Gov't erred in delaying sealing of tapes. 8/19/88: Cabranes, DJ: some tapes inadmissible: inaudible.

9/88: Trial of 5 Defs not affected by wiretaps: 1 acquitted, 2 convicted on minor charges, 2 on serious charges. 2/17/89: 2nd Cir aff'd, Oakes, CJ: tapes inadmissable. 4/30/90: USSC vacated, remanded (6-3), White, J: Ct of App must determine if FBI made good faith error in delaying sealing of tapes. Stevens, J (Brennan, Marshall, JJ) diss. 12/12/90: 2nd Cir: Gov't conceded error in sentencing 1 Def on both §659, Hobbs Act; Ct vacated §659, aff'd all other convictions. 3/18/91: USSC denied stay. 6/10-24/91: USSC denied cert. 2 untried Defs went underground. 3/92: 1 Def captured, charged: bail-jumping. DJ dism'd charges against 2 Defs. 4 Defs pleaded guilty; sentences: up to 5 yrs. In jury trial: 1 Def convicted; sentence: probation. 4-6/92: 1 Def tried in absentia; convicted; sentence: 55 yrs. 1/93: Def-bail jumper convicted; sentence: time served; Wells Fargo charges dism'd. 1993: 2nd Cir aff'd 1988 ruling on inaudible tapes.

William Kunstler, CCR, 666 Broadway, 7th Fl, NY, NY 10012; Ronald L Kuby, Leonard Weinglass, NY; Michael E Deutsch

1/24/86: Def-Mexican citizen apprehended by local police in Mexico, transported to U.S.; arrested by Drug Enforcement Admr (DEA): drug smuggling. 8/26/87: Mexican Embassy issued formal complaint to U.S. State Dept re DEA payments to Mexican police to "kidnap" Def. U.S. State Dept: payment not prearranged. 1/25/88: DEA agents searched Def's Mexico home w/out warrant, obtained evidence. 3/16/88: Fed'l grand jury issued 5-count superseding indictment: murder of DEA agent, drug smuggling.

• Irving, DJ: granted Def's motion to suppress evidence: 4th Amdt violations. 8/29/88: 9th Cir aff'd, Thompson, CJ: 4th Amdt applies to Gov't actions outside U.S. 2/28/90: USSC rev'd, remanded (6-3), Rehnquist, ChJ: 4th Amdt does not protect nonresident alien from search/seizure of property in foreign country. Stevens, J, conc: 4th Amdt applies, but search not unreasonable: U.S. ct cannot issue warrant for home in Mexico. Brennan, J (Marshall, J) diss: It cannot be that U.S. Const authorizes Gov't to enforce criminal laws abroad but 4th Amdt does not travel w/ U.S. agents exercising this authority. Blackmun, J, diss: Relationship between U.S. agents, foreign nat'ls fundamentally different from relationship between U.S. officials/residents. On remand to DC, Def filed motions to dismiss indictment, hold evidentiary h'g under U.S.-Mexico Extradition Treaty (31 UST 5059, TIAS 9656 (1980)), attached copies of 2 Mexican complaints, U.S. responses. Rafeedie, DJ: denied motions; after 2 mth trial, jury convicted Def; DJ sentenced: life plus 4 consecutive 60 yr terms. 7/22/91: 9th Cir rev'd, Reinhardt, CJ: Def has standing; ct has jurisdiction; political question doctrine bars neither; U.S. breached self-executing Treaty, implicit no-kidnapping provision, defied int'l law if authorized/sponsored kidnapping/unlawful removal of Def to U.S. w/out consent of Mexican Gov't (U.S. Const Art 6 cl 2; U.S.-Mexico Extradition Treaty Arts 9, 10, 12, 13, 17, 17 ILM 1058 (1978); OAS Charter Art 17, 2 UST 2394, TIAS 2361 (1948); as amended by Buenos Aires Protocol, 21 UST 607, TIAS 6847 (1967); 59 Stat 1031, TS 993 (1945) (PL-370/2.1); see 745 FSupp 599 (CD CA 1990)); if so, since Mexico has made formal complaint, U.S. cts have no jurisdiction, should not have tried Def, must vacate conviction, repatriate Def to Mexico; remanded to DC for evidentiary h'g re whether U.S. acted unilaterally. 6/22/92: USSC vacated, remanded for review in light of (PL-901/22.4). Pending.

Michael Pancer, 625 Broadway Ste 1135, 92101; Patrick Q Hall, Goldberg, Frant & Hall, 2870 4th Ave, 92103; both San Diego, CA

See PL-901/22.4

1985: U.S. Drug Enforcement Admr (DEA) agent tortured, murdered in Mexico; DEA offered $50,000 reward for Def-Mexican obstetrician. 4/2/90: Def kidnapped from office in Guadalajara, flown to El Paso, TX; arrested: complicity in torture, murder. 4/18, 5/16/90: Mexico issued formal protest to U.S. State Dept, requested Def's repatriation for trial. 7/19/90: Mexico requested extradition of U.S. agents responsible for kidnapping; U.S. ignored.

• 1991: Rafeedie, DJ, dism'd indictment: ct lacked jurisdiction: Gov't kidnap violated 1978 U.S.-Mexico Extradition Treaty (31 UST 5059, TIAS 9656, UNTS 19462, 17 ILM 1058 (1978)); Def must be repatriated to Mexico. 10/18/91: 9th Cir, per curiam, aff'd: "If we are to see the emergence of a `new world order' ... we must begin by holding our own gov't to its fundamental legal commitments." 11/29/91, 3/4/92: Mexico, Canada filed amicus briefs for Def. 6/15/92: USSC rev'd, remanded (6-3), Rehnquist, ChJ: although kidnap "shocking" violation of int'l law, not expressly/implicitly prohibited by Treaty; Exec jurisdiction. Stevens, J (Blackmun, O'Connor, JJ) diss: purpose of Treaty implies mutual respect for territorial integrity; Ct fails to distinguish between private, Gov't-authorized abductions; "desire for revenge no justification for disregarding the rule of law"; "the civilized world will be deeply disturbed by the monstrous decision the court". Seven S American Presidents, OAS Permanent Council requested review from OAS Inter-American Juridical Comm. 8/15/92: Comm issued Legal Opinion (9-0-1): USSC decision "ignores the fundamental principle of int'l law ... respect for ... territorial sovereignty of states"; U.S. obligated to return Def to Mexico. 12/14/92: Rafeedie, DJ, dism'd indictment: insufficient evidence.

Paul Hoffman, Alan Rubin, ACLU-S CA, 1616 Beverly Blvd; Robert K Steinberg, 9911 W Pico Blvd, 8th Fl, 90035; both Los Angeles, CA; amici: Michael Ratner, Beth Stephens, Peter Weiss, José Luis Morín, David Cole, CCR, 666 Broadway, 7th Fl, NY, NY, 10012; Harold Hongju Koh, Lowenstein Human Rights Clinic, Yale Law School; Michael J Abbell, 1101 30th St NW, Ste 525, Washington, DC, 20007 for Mexico

See PL-371/22.3

1987: Fed'l grand jury indicted Defs for fraud, racketeering (RICO) in connection w/ construction contracts among "Club" cos. 2 owners testified before grand jury w/ "use" immunity, preventing gov't from using testimony to show owners were Club members. At trial, gov't used other evidence to show owners were Club members. Defs subpoenaed 2 witnesses who invoked 5th Amdt, refused to testify.

• 10/12/88: Johnson, DJ: denied Def's request to admit grand jury testimony pursuant to Fed'l Rules of Evidence 804(b)(1); convicted Defs on RICO offenses, denied Def's motion for new trial w/out evidentiary h'g. 1/18/89: Feinberg, CJ, vacated, remanded for h'g. 4/16/90: On remand, Brient, DJ, denied Def's motion. 11/6/91: as modified, 2nd Cir rev'd: DC erred in excluding grand jury testimony; to maintain adversarial fairness, Rule 804(b)(1)'s "similar motive" element should evaporate when gov't obtains immunized testimony in grand jury proceeding from witness who refuses to testify at trial. 6/19/92: USSC rev'd (8-1), Thomas, J: 1) former grand jury testimony may not be introduced under Rule 804(b)(1) w/out showing similar motive; there is no allowance for waiving similar motive requirement in interest of adversarial fairness; 2) remanded to determine whether gov't had motive. Stevens, J, diss: grand jury testimony admissible against gov't under Rule 804(b)(1); gov't had opportunity, similar motive to develop testimony denying criminal activity.

Michael E Tigar, U of TX Law School, Austin TX; Robert Ellis, 328 4th St, Marietta, OH 45750; Frederick P Hafetz, 500 5th Ave, 29th Fl, NY, NY 10110; Walter P Loughlin; Patrick M Wall, 36 W 44th St Ste 905, NY, NY 10036; Judd Brustein, NY, NY; Herbert J Miller, 2555 M St NW, Washington, DC 20037

2/22/80: Pet indicted for conspiracy to import, distribute cocaine under 84 Stat 1265, 1291; 21 USC §§846, 963. Pet fled U.S. prior to arrest. 9/25/82: Pet reentered U.S. 9/88: U.S. Marshal's Service ran credit check on individuals subject to outstanding warrants, arrested Pet. Pet filed motion to dismiss indictment for govt's failure to prosecute earlier, violation of 6th Amdt right to speedy trial.

• Moore, DJ, rejected motion. Pet entered conditional guilty plea, convicted of conspiracy to import cocaine. 1990: 11th Cir aff'd. 6/24/92: USSC rev'd, remanded (5-4), Souter, J: Delay of 8½ yrs between Pet's indictment, arrest violated 6th Amdt right to speedy trial; govt's negligent delay presumptively prejudiced Pet's ability to prepare adequate defense even though Pet could not demonstrate exact prejudice; govt's egregious persistence in failing to prosecute Pet sufficient to warrant granting relief; by pleading guilty, Pet did not waive right to claim govt's delay would have prejudiced him had he gone to trial where Pet's plea was conditional on right to appeal adverse ruling under FRCrimP 11(a)(2). O'Connor, J, diss.

William J Sheppard, Jacksonville, FL

417 F2d 1002 (4th Cir 1969)

5/17/68: 9 Defs carried out draft files from Selective Service Bd, set on fire in symbolic protest of Vietnam war; arrested: destruction of Gov't property, Selective Service System (SSS) records, interference w/ administration of SSS, 18 USC §§1361, 2071(a), 50 App USC §462(a). Defs pleaded innocent: actions w/ good motive — protesting illegal, immoral war.

• 10/5-9/68: Thomsen, DJ, allowed evidence of Defs' motives, instructed jury that motive was not relevant re willful violation of statute. Jury convicted each Def on all 3 charges. Sentences: 2-3½ yrs. 10/15/69: Sobeloff, CJ, aff'd: Defs not entitled to jury instruction requiring showing of bad motive for conviction, or that jury could acquit even if Defs clearly guilty of offense; law does not allow seizure, mutilation of public records, even as act of conscience. Defs served time.

1973: Def-Indians involved w/ occupation of Wounded Knee, SD, arrested: interfering w/ law enforcement officers engaged in lawful execution of duties, 18 USC §231(a)(3). Gov't sought order prohibiting Defs making statements re activities of DoD, military personnel, loan/sale of military equipment to DoJ used during occupation.

• 4/7/75: Bogue, DJ: Gov't had burden of proof beyond reasonable doubt that law enforcement officers lawfully engaged in duties; unlawful performance of duty may be shown by evidence U.S. marshals/FBI agents violated Defs' constitutional rights, military personnel took part in direct law enforcement; evidence showed military engaged in legal passive assistance (supplying material).

Wounded Knee Legal Defense/Offense Comm, Council Bluffs, IA 51502

See PL-534/34.1

5/23/78: 181 Defs at protest against Trident nuclear submarine, missile system at Bangor, WA naval base; arrested: illegal entry (18 USC §1382) after being barred.

• 12/26/78: In bench trial, Voorhees, DJ, rejected necessity defense; denied Defs' expert witness on int'l law, Nuremberg Principles: Richard Falk; denied jury trial. 12/30/78: Judge convicted all but 6 Defs; sentence: 45 days - 3 yrs probation. 7/3/80: 9th Cir aff'd conviction.

Irwin H Schwartz, 710 Cherry St, Seattle, WA 98104

See 584 F2d 927; 579 F2d 545 (9th Cir 1978)

Defs Cassidy, Schuchardt threw blood, ashes on walls, ceiling of Pentagon in demonstration against design/possession of nuclear weapons; arrested: depredation of Gov't property (18 USC §1361).

• Lewis, DJ, denied necessity defense: even if possession of nuclear weapons illegal, Defs failed to show absence of other means to defend against this, link between actions and harm they sought to avoid; convicted. 11/1/79: 4th Cir aff'd.

Sebastian KD Graber

10/79: 12 Defs demonstrated against Trident nuclear submarine, missile system at Bangor Naval Base, WA; arrested: illegal entry (18 USC §1382).

• Defs under age 26, subject to Youth Corrections Act, tried by jury. All others tried by bench, Thompson, DJ: all convicted. 8/24/81: 9th Cir aff'd convictions, sentences of other Defs ranging from probation to 6 mths jail; Lowe's sentence vacated, remanded for resentencing re Youth Corrections Act (18 USC §5010).

Irwin H Schwartz, 710 Cherry St, 98104; Howard Ratner, 83 S King St; both Seattle, WA; Thomas Nast, 2246 E Date, Fresno, CA

Def refused to register for draft because of religious beliefs, no place on form to indicate CO.

• Aldrich, DJ: convicted Def. 1983: 6th Cir rev'd: selective prosecution. 4/1/85: USSC vacated, remanded for further consideration in light of (1985), (PL-140/22.1) (Govt's practice of passive enforcement, prosecuting only those who actively identified themselves to Gov't as non-registrants, did not violate 1st, 5th Amdts). DJ denied renewed request for discovery, h'g on selective prosecution. 4/3/87: 6th Cir aff'd: registration requirement not impermissible burden on religious objector's 1st Amdt rights nor denial of equal protection while exempting women/severely mentally deficient males; no requirement of immediate classification of COs.

Harrop Freeman; James H Feldman, Jr; Peter Goldberger; Jon Landau; William T Whitaker, 80 S Summit St, Akron, OH; Elizabeth Reilly; Dale A Baich

2/16/83: 3 pro se Defs demonstrated against development/deployment of Trident missiles; arrested: illegal entry, reentry (18 USC §§1382, 7). Defs' brief argued necessity defense, int'l law.

• DJ rejected written testimony of experts: atty Mary Kaufman,

William C Dodge, Spokane, WA

6/29/83: Members of FALN (Armed Forces of Puerto Rican Nat'l Liberation) arrested separately at workplaces by large squadrons of police, FBI agents: seditious conspiracy (18 USC §2384) (conspiring to oppose U.S. authority by force to obtain independence for Puerto Rico). 9/19/83: Defs filed extensive petition for dismissal or removal: 1) under principles of int'l law derived from (PL-370/2.1), colonized people have right to struggle for self-determination; illegal for colonial power, proceeding under domestic law, to criminalize actions of captured combatants; 2) fighter captured in liberation struggle must be offered political status of POW; 3) case should be transferred to int'l tribunal of competent jurisdiction; 4) in event of proceeding, Ct must insure trial not used as propaganda weapon against Puerto Rican independence movement.

• Leighton, DJ, ordered suppression of videotapes by FBI during surveillance; Gov't appealed. 12/19/84: 7th Cir rev'd: DC had authority to issue warrant for surveilling "safe houses" in which terrorist group allegedly assembled bombs. 8/85: Defs tried in DC; Defs would not participate in "illegal proceeding"; Trial J permitted press to call Defs "terrorists"; Defs went on hunger strike; Trial J transferred Defs to correctional center. Jury convicted 13; sentences: 40 yrs to life. USSC denied cert. Defs began serving time. Defs claimed political prisoner status: refused to work. Warden Luther ordered Defs into total isolation. After 10 mths, DC granted habeas petition, ordered Defs transferred to general prison population.

Michael E Deutsch, Dennis Cunningham, Melinda Power

See PL-417/43.9

9/8/82: Def-Exec Dir, Nat'l Comm Against Registration & the Draft, indicated: failure to register for draft.

• 8/10/84: Doyle, DJ, denied Def's motion to dismiss for selective prosecution based on 1st Amdt activity. 9/18/84: DJ granted Def discovery motion; Gov't refused to comply; DJ granted Def motion to dismiss as sanction under FRCrimP 16 (d)(2). 5/5/86: 7th Cir rev'd. DJ denied Def motion to dismiss for denial of speedy trial. 4/21/87: After trial, jury convicted. 5/29/87: Shabaz, DJ, sentenced: 3 yrs prison, $10,000 fines to prevent Def from "aiding" other draft resisters. Def released on bail after 4 mths prison, entered law school. 1/28/88: 7th

Peter Goldberger; amicus: Comm Against Registration & the Draft

See PL-345/42.13

12/25/83: Def crossed barrier to Rocky Flats Nuclear Plant, run by Rockwell Int'l for DoE; arrested: trespass (42 USC §2278a(a), (c); 10 CFR 860.3, 860.5).

• At trial, Def admitted act, claimed freedom of religious exercise; convicted; 1 yr, $5,000 fine, suspended, 2 yrs probation; under 18 USC §3579, Def to pay $5-10/mth until $200 restitution for costs of Def's arrest. 4/30/84: Def moved for modification of sentence: restitution violated Def's religious convictions; Kane, DJ, denied.

Def pro se; Michael Katz, Vicky Mandell-King as advisors

Easter 1984: Def-priest arrested at Malmstrom AFB: trespass.

• Shanstrom, Magis, convicted Def; sentence: 90 days prison, 80 suspended. On appeal, Def argued: 1) 1973 War Powers Resolution (WPR) (50 USC §1541-48) unconstitutional delegation of legislative powers to exec branch; 2) w/ passage of WPR, air base became illegal as base commander was ready to launch missiles on order of Pres w/out Congressional declaration of war; 3) under MT law, title of fed'l property used for other than original/legal purpose reverts to state. 2/21/86: 9th Cir aff'd.

Robert C Kelleher, John S Yoder, Robert L Kelleher Jr

772 F2d 733 (11th Cir 1985) 42 Guild Practitioner 127 (1985)

4/22/84: 8 Defs cut hole in fence of Orlando plant of Martin Marietta, hammered, poured blood on nuclear missile launchers/components belonging to U.S. Army; arrested: destruction of Gov't property (18 USC §1361), conspiracy to commit that offense (18 USC §371).

• During trial, Defs discharged attys, who promptly left courtroom. DC refused to probe prospective jurors' exposure to prejudicial pretrial publicity, refused to discharge some jurors for cause, denied Defs' motions to present necessity defense, int'l law. Jury convicted. 9/27/85: 11th Cir aff'd: Defs had no reasonable belief disarmament would be direct consequence of their actions.

Thomas Earl Gray, Jr; James M Russ, Tinker Bldg, 18 West Pine St, Orlando, FL 32801; Norman A Townsend, 1019 King St, Alexandria, VA 22314; Charles R Disalvo, Morganstown, WV; Lois Yankowski

(DC MN No 4-84-66); 42 Guild Practitioner 100-103, 123-125 (1985)

8/10/83: 2 anti-nuclear protesters poured blood on computers at Sperry Corp in Minneapolis; arrested: damaging private property being manufactured for U.S. Gov't (18 USC §1361). Defs' memo argued jurisdiction improperly granted to fed'l ct, none of damaged property owned by Fed'l Gov't.

• Lord, DJ, allowed justification defense. 11/7/84: Jury convicted Defs. DJ sentenced: 6 mths suspended, 6 mths probation; gave thoughtful statement re character of their offense relative to misconduct by Sperry: Sperry accused before same DJ of wrongfully embezzling $3.6 million from U.S. Gov't; Gov't sought only 10% of amount Corp wrongfully enriched.

C Peter Erlinder

10/24/83: Def apprehended w/in fenced area of U.S. Air Force missile launch facility in Pondera City, MT: unlawful entry into military installation (18 USC §1382).

• U.S. Magis granted Def's in limine motion concerning expert testimony, justification defenses based on int'l law; after Def's offer of proof, Magis found as matter of law defenses could not prevail, excluded Def's offered evidence; convicted. 9th Cir aff'd.

William Boggs, Frank B Morrison, Sr

(DC NY); 760 F2d 447 (2nd Cir 1985)

11/24/83 (Thanksgiving): 7 Defs entered Griffiss AFB, Rome, NY, hammered, poured blood on B-52 bomber, engines, left written indictment of Gov't; arrested by security guards: sabotage, destruction of Gov't property, conspiracy.

• DJ denied justification defense, expert testimony. Jury acquitted on sabotage, convicted on other 2 counts. Sentences: 2 to 3 yrs. 3/85: 2nd Cir aff'd.

Dean Hammer, pro se; Susan R Horn, Susan Finkelstein, Horn, Heins, Finkelstein & Pezzulo, Syracuse, NY, advisory counsel

• DJ ruled Def should make in camera offer of proof if he intended to assert necessity at trial. Ct convicted Def. 4/17/85: 9th Cir, Sneed,

Yolanda B Gómez

(ND TX)

7/16/85: Def began dismantling section of railroad track leading from DoE's Pantex Nuclear Weapons Assembly Plant, Amarillo, TX; arrested: wrecking trains, destruction of nat'l defense materiel.

• Jury convicted. 11/8/85: Sentence: 2 concurrent 4-yr terms. No appeal.

1983: Bomb attacks on Gov't buildings in Washington, DC, including U.S. Capitol. 11/84: While moving weapons, Defs Rosenberg, Blunk arrested: conspiracy (18 USC §371), possession of unregistered weapons (26 USC §5861(d)), carrying explosives (18 USC §844(h)(2)), false identification (18 USC §1028, 42 USC §408(g)(2)).

• 3/7/85: Lacey, DJ denied necessity defense, Nuremberg Principles, evidence on U.S. war crimes, UNGA Res 33/24 justifying anti-colonial struggle, int'l law, expert witnesses (Michael Ratner, C Alexis Massel). 3/17/85: Jury convicted Defs. 5/20/85: Defs sentenced: 58 yrs prison (consecutive maximum penalty on all counts). 11/28/86: 3rd Cir aff'd. All appeals exhausted; Defs serving time in maximum-security prisons.

Defs pro se; legal advisers: Mark B Gombiner, Peter Avenia, Mary K O'Melveny, Susan B Tipograph; amici: ACLU-NJ, NLG-NJ, CCR, NECLC

See PL-368a/23.6; PL-368b/23.7

1983-85: Def-fed'l fugitive; had served as physician at Wounded Knee, in inner cities, worked w/ Black liberation groups, associated w/ Resistance Conspiracy, involved in bomb attacks on U.S. Capitol, other fed'l buildings in Washington, DC. 5/85: Def arrested: conspiracy to aid, abet possession of weapons, explosives; held in preventive detention, developed Hodgkins Disease.

• At trial, Def argued lack of evidence of possession of contraband, right to resist U.S. war crimes (in Central America, S Africa, etc), right to political affiliation. Pollack, DJ convicted; sentence: 10 yrs. Def sent to Marion, IL maximum security prison, had no access to proper medical care. 1988: Public pressure, DJ's intervention caused Bureau of Prisons to move Def to Washington DC jail, allow medical treatment. 1987: Def became eligible for parole; int'l campaign

William Mocolescu, 220 5th Ave, 10001; William Kunstler, Ronald Kuby, 13 Gay St, 10014; both NY, NY

See PL-368/23.6; PL-368b/23.7

den of bail aff'd, 861 F2d 303 (DC Cir 1988); charges dism'd, 710 FSupp 803 (DC DC 1989); dismissal rev'd, 888 F2d 1406 (1989)

1/83-2/85: Bomb attacks on U.S. Capitol, U.S. Army War College, Washington DC, Fed'l Building in Staten Island, allegedly by 7 Defs. 11/84: Defs Blunk, Rosenberg arrested. 5/85: 4 other Defs arrested. 4/20/88: Grand jury indicted Defs Whitehorn, Evans, Buck: conspiracy to influence/protest U.S. Gov't policies/practices re int'l/domestic matters through violent, illegal means; indicted all Defs: damaging, destroying U.S. Gov't buildings, attempting to do so. Defs made statements: these were acts of resistance against state terrorism, war crimes, other violations of int'l law by Reagan Admr.

• 4/11/89: Greene, DJ, denied Motion to Dismiss for Prosecutorial Misconduct: Defs' actions crimes regardless of Defs' politics; no evidence 3-yr delay resulted from Gov't intention to gain tactical advantage; extraordinary length of sentences for related crimes imposed by DJ, not prosecution; Defs' prison conditions/courtroom security warranted by Defs' history as fugitive, involvement in escapes. DJ dism'd charges against Berkman, Blunk, Rosenberg: double jeopardy: already convicted of possessory crimes re same incidents. 11/3/89: On U.S. Atty's appeal, DC Cir rev'd dismissal, remanded. 9/7/90: Defs pleaded guilty. 12/6/90: Greene, DJ, sentenced Defs: 20 yrs (Whitehorn), 5 yrs (Evans, after completing 35 yr term for buying firearms illegally).

Nkechi Taifa, 576 Nicholson St NE, 20011; Russell F Canan, 419 7th St NW, 20004; Robert E Morin, 419 7th St, Ste 219, 20004; Mary K O'Melveny, 501 3d St NW, Ste 800, 20003; Shawn Moore, Public Defender Service, 451 Indiana Ave NW, 20001; all Washington, DC

See PL-368/23.6; PL-368a/23.6

7/30/84: Def-U.S. Navy employee gave classified "secret" photos of Soviet aircraft carrier under construction in Black Sea naval shipyard to Jane's Publication Co, Ltd, Def's other employer. Photos appeared in Jane's Defense Weekly, 8/11/84. 10/1/84: Def arrested: violating 18 USC §§641, 793(d),(e) by disclosure to Jane's Defense Weekly, personal retention of docs re nat'l defense. Def argued charges should be dism'd: USC §§793(d),(e) unconstitutionally vague, overbroad; intended to proscribe espionage, don't apply to Def's conduct; lack element of subversive intent; fail to give citizens adequate notice of what conduct is proscribed; §793(e) sacrifices 5th Amdt rights against

• 3/12/85: Young, DJ, denied motion to dismiss. 10/85: Def convicted under Espionage Act; sentence: 2 yrs.

Jacob A Stein, Robert F Muse, Mark H Lynch, Armistead P Rood

797 F2d 580 (8th Cir 1986); cert den 481 US 1030

11/12/84: Defs hammered, poured blood on Minuteman II missile silo in MO; indicted by grand jury: conspiracy to, damaging Gov't property, sabotage (18 USC §§371, 1361, 2155).

• 2/22/85: Jury convicted; Bartlett, DJ, sentenced: 8-18 yrs; 3-5 yrs probation, $2932 restitution. After sentencing, Danish Peace Foundation wrote letter to DJ protesting severity of sentences. 11/1/85: DJ reduced one 18-yr sentence to 12 yrs. 7/22/86: 8th Cir aff'd convictions: Wollman, CJ: Defs may not use necessity defense to bypass political question doctrine. Bright, CJ, diss. 3/87: DJ reduced 8-yr sentence to 36 mths, 3 yrs probation; 10 yrs to 40 mths, 4 yrs probation; both w/ 300 hrs community service. 4/27/87: USSC denied cert. Defs served time.

Henry M Stoever, 1101 E 47th St, Kansas City, MO; Prof Norman Townsend

(DC MO); 797 F2d 580 (8th Cir 1986)

2/19/85: Def entered Minuteman II missile silo at Whiteman AFB, Odessa, MO; damaged lid of silo w/ hammer, chisel; poured blood on silo; spray-painted "No More Hiroshimas"; left indictment of Gov't war planning; arrested: destruction of Gov't property, nat'l defense materiel.

• J denied bond; Def held until trial. 4/85: J denied justification defense. 4/25/85: Jury convicted Def on both charges. 5/16/85: J sentenced Def: 8 yrs prison, 5 yrs probation, $1000 fine, $2242 restitution. 9/24/86: J held sentence reduction h'g, released Def after 19 mths prison; probation through 1991, must pay restitution, obey law during probation.

5/5/85: Defs entered Davis-Monthan AFB in Tucson, AZ, danced on Cruise Missile Bldg; arrested: violating Bar Order (18 USC §1382). Defs filed motion for necessity defense w/ 5 experts' affidavits on Defs, reasonable anticipation of deterring imminent harm of nuclear war, lack of viable alternatives.

• 10/9/85: Bilby, DJ, denied prosecution motion in limine to bar necessity defense. 10/25/85: DJ denied motion for reconsideration.

Isabel García-Gallegos, Fajardo, Bustamante, & García-Gallegos; Nancy Grey Postero, Keller & Postero

12/4/84: 2 Casa Romero refugee shelter workers gave man, woman, 3 children short ride to bus station; arrested: conspiracy, transporting illegal aliens (8 USC §1324).

• 3/85: DJ rejected int'l law defenses, evidence, jury instructions on 1st Amdt right to exercise religious beliefs; aliens lawfully in U.S. under 1980 Refugee Act, fled war-ravaged El Salvador; Defs had no specific intent to violate law. Gov't presented refugee whose children were being held by INS pending his testimony identifying Def. 3/21/85: Jury acquitted Merkt on transporting charges, convicted on conspiracy; DJ ordered Def to serve 179 days of 18-mth prison sentence. Jury convicted Elder on all counts, DJ reduced sentence to 150 days in halfway house. 7/86: 5th Cir aff'd: in enacting U.S. refugee stats, Cong not bound by int'l law. 4/16/87: Dr recommended Def-Merkt's release due to complications of pregnancy; DJ released: 83 days house arrest, ordered to move out of Casa Romero, stop talking to media. 5/87: USSC denied cert.

Stephen W Cooper, C Peter Erlinder, Michael E Tigar, Lisa Brodyaga

See PL-152/21.2; PL-153/20.2

(DC AZ 1985); 871 F2d 1436, as amended 883 F2d 662 (9th Cir 1989); cert den 111 SCt 751 (1991)

1/10/85: U.S. grand jury indicted 16 (2 priests, minister, 3 nuns, working w/ nat'l church-based movement to provide sanctuary to Salvadoran, Guatemalan refugees) on 44 counts: conspiracy, smuggling, harboring (8 USC §§1324, 1325; 18 USC §§2, 371); 60 refugees arrested same day: co-conspirators. Defs' Memo in Opposition to Govt's Motion in Limine and in Support of Defs' Motion to Dismiss: int'l law relevant, applicable to stats, necessity defense; U.S. subscribes to humanitarian, refugee, human rights law, which require civilians fleeing from armed internal conflict be given temporary refuge, prohibit forced repatriation (1980 Refugee Act, 94 Stat 102); 1st Amdt freedom of religion.

• Carroll, DJ, granted Govt's motion; denied necessity, "good faith" defenses; denied Defs' motion to dismiss based on selective prosecution. 10/85: Jury trial began w/ extensive voir dire. Chief Gov't witness: undercover informant who posed as church worshiper. DJ dism'd charges against 5 Defs. Defense followed "ooze strategy",

A Bates Butler III, 120 W Broadway Ste 420, Tucson, AZ, 85102-3012; Peter Baird, 40 N Central Ave, Phoenix, AZ 85004; Michael Tigar, U of TX Law School, Austin, TX; James Brosnahan, 345 California St, 94104-2150; Karen Snell, Riordan & Rosenthal; both San Francisco, CA; Jan Hartman, Paul Hoffman, Los Angeles, CA; Robert Pauw, 1111 3d Ave Ste 1210; Deborah Perluss, Evergreen Legal Services; both Seattle, WA; Ellen Yaroshefsky, CCR, 666 Broadway, 7th Fl, NY, NY 10012

5/9/85: 7 Defs staged sit-in at Indianapolis office of Sen Lugar to protest U.S. intervention in Nicaragua; arrested: unwarranted loitering, creating public nuisance (40 USC §386(c), 41 CFR 101.20.315). 7/8/85: Defs filed motion to dismiss: stat repealed; necessity defense; unconstitutional vagueness of charging reg; unconstitutional delegation of power by charging stat.

• Godich, U.S. Magis, allowed necessity defense on pretrial motion; ruled at bench trial: Defs had not met burden on necessity defense; convicted Defs; sentence: 16 hours community service, 6 mths unsupervised, nonreporting probation.

Eric L Mayer

1/24/83: Def indicted: failure to register for draft (50 USC §453) Presidential Proclamation #4771. Def moved to dismiss: selective prosecution (he was public non-registrant); failure to state crime; illegality of Proclamation, Selective Service Regs; denial of due process for failure to provide CO status h'g after registration. Interesting pleading and brief on exec privilege.

• 1/15/86: Jury convicted. 5/18/87: 6th Cir aff'd.

James Lafferty

See PL-254/23.3

1855: U.S. Gov't signed Yakima Treaty affirming right of Yakima Indians to fish for salmon as part of Yakima traditional religion. 1981-82: 5 Defs including David Sohappy, Sr and Jr sold salmon to fed'l, state undercover agents; arrested: U.S. fishing rights law, Lacey Amdts of 1981.

• Summer 1986: Dist Ct trial: Defs convicted. Spring 1987: Def ill in

Tom Keefe, Jr

3/17/86: 5 Defs occupied Rep Don Young's office, protesting bill granting $100 million aid to contras to overthrow Gov't of Nicaragua; arrested: disrupting performance of official duties by government employees (41 CFR 101.20.305 (1978)).

• 7/7/86: Roberts, U.S. Magis, allowed 1st Amdt, int'l law, Nuremberg defenses; barred testimony of 2 expert witnesses (Atty Karen Parker, Dr Ed Meyer Jr); convicted all Defs: conduct not constitutionally protected; 7/25/86: Cong passed Contra aid bill.

James Bamberger

(WD MO, W Div, Cr No 86-000077-01/05-CR-W-3)

3/28/86 (Easter): 5 Catholic Defs entered Johnson Cty AFB, damaged 2 Minuteman II missile launch facilities; indicted: conspiracy, willful injury to structural, mechanical, electrical equipment (18 USC §§371, 1361).

• DJ allowed pro se Defs to present evidence of state of mind; denied justification defense. 6/27/86: Jury convicted on both counts. 8/22/86: DJ sentenced: 4 Defs to 8 yrs prison, 1 to 7 yrs, all plus 5 yrs probation, $100 fine, restitution charges. 4/87: DJ reduced 1 sentence from 7 yrs to 10 mths, 2 from 8 yrs to 1 yr, all plus 5 yrs probation plus restitution. Defs served time.

Spring/86: Sit-in at Capitol Rotunda protesting H of Reps vote to send $100 million to contras, 18 arrested: misdemeanor.

• 2/16/87: Moore, J, conducted trial, did not allow jury to hear Defs' expert witnesses: Ramsey Clark, Daniel Ellsberg on int'l law, effectiveness of protests in altering U.S. policy; jury convicted.

Nina Kraut

9/9/86: 125 stood by while 29 quietly entered Navy's Trident submarine base; 10 previously-barred arrested: trespass (18 USC §1382); 19 given

• 4/6/87: At trial, Defs made oral offers of proof from expert witness Ramsey Clark (on lack of effective legal alternatives to change military policy), Richard Falk (on illegality of 1st-strike nuclear weapons). Coughenour, DJ, allowed expert witnesses, granted Govt's motions that Defs' defenses be denied; convicted all Defs; sentence: 2-60 days depending on past record.

Michael J Trickey, Patrick W Crowley

849 F2d 812 (3rd Cir 1988); 870 F2d 652 (1989)

1/6/87: 4 Defs, including 2 Catholic priests, entered Willow Grove Naval Air Station in Horsham, PA, displayed anti-war banners, left written statement, damaged Navy P-3 Orion anti-sub aircraft (first-strike weapon), Marine CH-53 Sea Stallion, Army H-1 Huey helicopter (interventionary weapons) w/ hammers, blood; arrested on base: conspiracy, destruction of Gov't property (allegedly $160,000), trespass.

• 3/31/87: Broderick, DJ, denied affirmative defenses of crime prevention, necessity, Defs testified re beliefs, facts on nuclear weapons; jury hung. 5/11/87: In second trial, DJ granted Gov't motion in limine preventing Defs from presenting much testimony, evidence; jury hung. Two Defs pleaded guilty to misdemeanor trespass; sentence: 100 days prison, $500 fine. 7/13/87: In third trial, DJ soon declared mistrial for Defs' vocal efforts to discuss nuclear weapons, sentenced Defs to 10, 15 days for contempt. 9/22/87: In fourth trial, during opening statements, DJ revoked Defs' right to defend selves, assigned ct-appointed attys; jury convicted Defs on all counts. Def Romano's trespass—100 days, property destruction—2 yrs, contempt—25 days, conspiracy—5 yrs consecutive probation. Def Boertje went underground. 1/25/88: Romano appealed: in limine order violated constitutional right to present defense case, unsupported by Fed R Evid 401-403; right to counsel violated by Ct appointing counsel after terminating pro se status, not allowing Def to retain own counsel. 6/16/88: 3rd Cir rev'd: DJ violated 6th Amdt right to counsel. By agreement, on remand Def Romano tried for misdemeanor only; convicted; sentence: time served (295 days). 4/3/87: Def Boertje surfaced, returned to ED PA; sentence: same as Romano. 2/8/89: 3rd Cir rev'd: DJ violated 6th Amdt. Tried, convicted of jumping bail; sentence: 27 mths, reduced to 21 mths. Def served time.

Peter Goldberger, The Ben Franklin Ste 400, Chestnut St at 9th, 19107; Br Frank Cervone, Esq, FSC, 1524 Race St, 19102; both Philadelphia, PA

4/15/87: 9 protesters blocked train carrying Trident missile motors to Naval Submarine Base (SUBASE), Bangor, WA; arrested; 2 Defs, previously issued "bar letters" to stay off SUBASE, cited for trespass. 5/5/87: During prayer vigil at SUBASE, 22 arrested: 12 issued bar

• 8/13/87: Rothstein, DJ, denied Defs' motion for jury trial. 9/23/87: Defs offered 1st Amdt, Nuremberg defenses. J granted Gov't motion in limine to block defenses, convicted Defs.

John Midgley, Seattle, WA; amicus Prof Matthew Lippman

(ED PA)

4/17/87 (Good Friday): 2 brothers, one a priest, entered Naval Air Development Center, Warminster, PA, buried coffin containing names of 65 poor people buried in local "potter's field," damaged P-3 Orion aircraft (first-strike weapon) w/ hammers, wire cutters, blood, raised banner, left indictment of U.S. war preparations; arrested: unlawful entry, destruction of Gov't property. At arraignment, charges reduced to breaking, entering.

• 8/5/87: J convicted Defs at bench trial; sentences: each 6 mths probation, $100 fine, $25 special assessment, $770 restitution. Defs unwilling to make restitution. For technical reasons, Gov't would have lost appeal, so agreed to voluntary dismissal. 2/10/88: Defs resentenced: 1 yr probation, $100 fine.

5/5-8/3/87: Cong Select Comm held h'gs on whether new legislation needed in light of sale of U.S. arms to Iran, diversion of profits to contras in violation of existing U.S. laws. Atty Gen'l Meese appointed Special Prosecutor Lawrence Walsh to study possible charges against 4 witnesses: 2 White House Aides, 2 private citizens — Oliver North, John Poindexter, Richard Secord, Albert Hakim — who testified under grants of limited immunity. Walsh recommended indictments against all 4: conspiracy to defraud U.S. by diverting to Nicaraguan contras proceeds of arms sale to Iran in violation of U.S. laws; making false statements to Cong; obstruction of justice; illegal acceptance of gifts.

• 6/6/88: Gesell, DJ, rejected Defs' motions to review highly classified Gov't docs, move trial out of Washington. 6/9/88: DJ ordered separate trials for each Def, after 11/88 election, to allow use of immunized testimony of other Defs. 1/4/89: DJ ordered Def to turn over 3,000 pages of notes from operations to Prosecutor. Atty Gen'l Thornburgh withheld other docs: nat'l security (Classified Information Procedures Act). 4/6/89: U.S. entered 107 paragraphs of admissions into record summarizing classified material. 5/4/89: After trial, jury convicted Def on 3 felony counts: aiding obstruction of Cong, destroying Gov't docs, accepting illegal gifts; acquitted of lying to Cong, defrauding IRS. Sentence: 2 yrs probation, 1200 hrs community service, $150,000 fine. 7/20/90: DC Cir suspended 3 felony convictions, ordered DC to

See PL-275aa/41.4; PL-209/54.1; PL-217/52.1; PL-243/23.14; PL-358/70.4; PL-474/70.3

See also PL-275a/20.5, -275b/23.14, -275c/23.14, -275d/20.5, -275e/23.14

3/16/88: Def-Admiral, nat'l security advisor, charged w/ lying in connection w/Iran-contras. Def subpoenaed records, testimony of Pres Reagan.

• 5/7/90: After trial DC jury convicted Def on 5 felony counts. 6/11/90: DC sentenced Def to 6 mths prison. Def appealed. 11/15/91: DC Cir, Ginsburg, CJ, rev'd: Def's testimony from Congressional investigation used unfairly at trial.

Def-former nat'l security advisor denied Nat'l Security Council solicited support for, moved arms to, contras; denied knowledge of other countries' aid to contras.

• 1987: Def pleaded guilty to 4 misdemeanor counts of withholding information from Cong. 12/87: sentence: 2 yrs probation.

Def Channell-head of nonprofit Nat'l Endowment for Preservation of Liberty (NEPL); Def Miller-head of public-relations firm. Defs raised $10 million to arm contras, gave only $4.5 million to contras.

• 4/87: Defs pleaded guilty to conspiring to defraud U.S. of taxes. 7/7/89: Harris, DJ, sentenced: 2 yrs probation.

1984-86: Def-CIA station chief, Costa Rica, operating as Tomás Castillo, under Clair George, CIA deputy dir, operations; allegedly oversaw construction of N Costa Rica airstrip for delivery of arms to Contras. 1987: Def told Presidential (Tower) Commn investigating Iran/contragate he did not know North aiding Contras, later admitted to Tower Commn, CIA inspector gen'l. 12/86: CIA Dir Webster removed Def from Costa Rica. 5/87: Def retired. 6/29/88: Fed'l grand jury indicted Def: conspiracy to arm Contras, organize private arms supply network during Congressional ban on aid; lying to supervisors to conceal operation; obstructing Tower Commn investigation of sale of U.S. weapons to Iran, diversion of profits to Contras.

• 6/29/88: Def pleaded not guilty; Robinson, DJ, released Def on own

See PL-275/23.13

6/2/87: Def entered Vandenberg AFB, wrote "international law" on obsolete computer, smashed what she thought was part of NAVSTAR 1st-strike guidance system, wrote "Nuremberg Principles" on antenna. 6/3/87: Def described acts at news conference in San Francisco; FBI arrested Def: destruction of Gov't property, sabotage (18 USC §§1361, 2155). U.S. Atty abandoned sabotage charge.

• Rea, DJ, granted Gov't motion in limine barring necessity defense, Nuremberg Principles, motive evidence, int'l law. 11/16/87: Jury convicted Def of destroying Gov't property. 1/11/88: DJ sentenced: 5 yrs prison; $500,000 restitution to come from book, movie deals; denied bail. 5/10/89: 9th Cir aff'd. Def served 25 mths; released. 1990: Def entered 1st yr Harvard Law School.

Leonard Weinglass, 6 W 20th St, NY, NY 10011; Dan Williams, 600 Montgomery St, 94111; William Simpich Jr, 223 Precita, 94110; both San Francisco, CA; Benjamin Gibson

6/20/87: 50 demonstrators assembled along tracks outside Bangor Naval Submarine Base when "white train" arrived carrying missile motors for nuclear warheads. 10 who had been convicted previously of trespass arrested: trespass.

• 12/21/87: Tanner, DJ, granted Gov't motion in limine denying defenses of necessity, int'l law, Nuremberg Principles, expert witnesses; convicted Defs. 1/8/88: DJ sentenced: 6 mths suspended, 1 yr probation.

Karol Schulkin, pro se

(ED VA)

4/3/87: 5 peace activists boarded USS Iowa at Virginia Naval Base, attacked 2 cruise missile launchers w/ hammers, bolt cutters, vials of blood, did minor damage; arrested: trespass.

• 7/26/88: Ct convicted; sentence: 6 mths jail.

See PL-276/23.12, PL-547/28.13

6/28/88: Grand jury indicted 6 including Nicaraguan contra leader's brother, bodyguard, former mercenary, fund-raiser for Civilian Material Assistance (AL-based): 7 counts of recruiting for contras, violating, conspiring to violate Neutrality Act (18 USC §960).

• 7/22/88: Def-Adams pleaded guilty; Roettger, DJ, sentenced: $50 fine, 1 day probation. 7/12/89: Roettger, DJ, granted Defs' motion to dismiss charges re Neutrality Act: U.S. not at peace w/ Nicaragua from 10/84-3/85 (period when alleged crimes occurred) even though Cong had refused to fund contras during this time, as Exec support of contras continued.

See PL-186/33.14; PL-358/70.4; PL-217/52.1

(ND CA Cr #88-0275-MAG (WDB))

3/17/88: 10 sat on steps of San Francisco Fed'l Building to protest deployment of U.S. troops to Honduras; arrested: obstruction of entrance to fed'l building (41 CFR 101.20.305). 6/7/88: Gov't filed motion in limine to exclude evidence of necessity defense. 6/9/88: Defs filed memo in opposition.

• At bench trial, Brazil, Magis, did not consider Gov't motion until after Gov't had put on its case, then denied necessity defense. Def raised defenses of int'l law, prevention of crime; after 2 hours argument, brief testimony of expert Karen Parker, Magis refused defense; convicted Defs.

Stephen N Brannon; John Burroughs, Western States Legal Foundation, 1440 Broadway Ste 420, 94612; Diana Bullock, 3871 Piedmont Ave, 94611; both Oakland, CA; Andrew M Lichterman

Cubic Corp's program manager, engineer worked on Corp's contract w/ U.S. Army for retrofitting mine detectors. 2/84: Army terminated contract. 3/17/88: Fed'l grand jury indicted 2 Defs: 24 counts of conspiracy to defraud Army, making, using false documents to falsify test results. 3/25/88: Defs arrested. U.S. sued Corp, settled related contract claim; retained Defs on payroll.

• 8/14/89: Jury acquitted Defs of fraud, hung on other charges. 4/12/90: After retrial on other charges, jury acquitted.

See PL-346/41.2

Def, wife, joined Greenfields Resistance Community; Def committed civil disobedience at Strategic Air Command Hqtrs (SAC), Offut AFB;

• 4/5/88: convicted; sentence: 6 mths prison, $500 fine; served time.

Greenfields Resistance Community

8/6/88: Def entered Rocky Flats nuclear plant, sought to confront plant manager, perform citizens arrest; arrested: misdemeanor trespass (42 USC §2278). Def filed evidence, proffered expert witnesses on int'l law (Hague Convention), necessity defense, Nuremberg Principles; health, environmental dangers of plutonium production at Rocky Flats.

• Weinstock, DJ, rejected defenses, witnesses, w/out oral argument; reduced charge, took trial off jury docket; denied Def's request for jury trial; convicted Def; sentence: $750 fine. 10th Cir aff'd in unpublished opinion. 10/6/89: DoE-authorized study found enough plutonium in air duct of Rocky Flats plant to cause nuclear reaction, scatter plutonium, radiation.

George Johnson, 595 Canyon Blvd, Boulder, CO 80302

8/16/88: Def, 5 others, entered missile base, sat on silo; arrested: trespass.

• J denied testimony on nuclear weapons, int'l law, Gov't military/domestic spending; convicted; sentence: 2 yrs prison. Def served time.

1983: Def wrote draft bd stating opposition to U.S. military policies, decision not to register for draft. Def claimed to be registered for draft on Financial Aid forms to receive fed'l college aid. 6/18/89: Def arrested: student loan fraud under Solomon Amdt (20 USC §1097).

• 6/89: Def pleaded guilty. Niedermeier, U.S. Magis, sentenced: 18 mths probation; Def agreed to register for draft by 6/29/89, pay back $5088 in student assistance grants.

Richard Rubin, RRI, Box 2980, Plainfield, VT 05667

8/9/89: Def, 2 others spent approximately 5 minutes in Los Alamos Labs office building at former chapel on Nagasaki anniversary; arrested: trespassing at DoE facility (10 CFR §860.3, 42 USC § 2278(a)).

• 10/30/89: George, DJ, disallowed int'l law, Nuremberg Principles defenses, expert witness. Jury convicted; other Defs tried separately. 2/9/90: sentence: 90 days Fed'l Prison Camp, Oxford, WI; maximum $5,000 fine, prison costs $40/day. 9th Cir aff'd. 7/26/90: Def served time.

Def pro se at trial; Randall Roske on appeal

Def assisted Ferdinand/Imelda Marcos in purchasing property w/money from Philippines Gov't treasury. 10/88: Grand jury indicted Def, Marcoses under RICO: racketeering, conspiracy (20 yrs each), obstruction of justice, mail fraud (5 yrs each). 4/18/89: Def arrested in Switzerland.

• U.S. agreed not to prosecute Def on racketeering, conspiracy (crimes not recognized by Swiss Gov't). 7/19/89: Swiss extradited Def. U.S. Atty asked no bail: any bail meaningless against Def's wealth. Keenan, DJ, set $10 million bail. 7/26/89: 2nd Cir granted stay of bail. 3/13/90: Keenan, DJ: denied motions to dismiss, sever case from co-Defs Imelda Marcos, CA Overseas Bank. 6/90: After trial, jury acquitted Defs.

See PL-298/30.8; PL-299/31.1; PL-300/30.5; PL-393/30.9

12/9/87: Congressional Record published report describing Nat'l Council of American-Soviet Friendship (NCASF) as Soviet-funded front group. 2/89: Grand jury indicted Def-NCASF Exec Dir: depositing $17,000 for NCASF in bank in 2 transactions under $10,000, currency violation under new provision of Bank Secrecy Act designed to prevent money laundering. Pretrial discovery revealed FBI surveillance, 4 yrs infiltration of NCASF, over 100 tapes of Def's conversations w/ asst-FBI informant. FBI refused to release tapes to Def: "nat'l security." 8/91: Grand jury issued superseding indictment.

• 7/92: Def pleaded guilty to misdemeanor currency violation; sentence: $1,000 fine.

Morton Stavis, CCR, 666 Broadway, 7th Fl, NY, NY 10012; Mahlon Perkins Jr, Jeffrey Schwartz

1974: U.S. Navy moved bombing range from Culebra to Vieques, PR. 1/80: 11 fishing boats entered Vieques restricted area to protest effects on fishing industry/environment; Fishermen's Assn pres, atty (in boats) arrested: entering military danger zone (33 CFR §204.234, 33 USC §1). Def-Saade contended §204.234 valid only if based on 33 USC §3, not §1 as claimed by gov't. §3 proviso required target practice restrictions in order not to unreasonably interfere w/ fishing industry.

• 1980: Pérez-Gímenez, DJ: dism'd Def's attack on validity of §204.234; convicted Defs; sentence: 6 mths prison. Defs appealed: Dist Ct's failure to examine proper basis of §204.234 deprived remedy under §3 proviso. 6/30/81: 1st Cir, Bownes, CJ: §3 alone authorizes danger zone regs, remanded to determine if Navy regs unreasonably interfered w/ fishing. On remand, Torruella, DJ, denied Defs' motion to dismiss. 7/21/83: 1st Cir, Breyer, CJ, aff'd. On remand, Torruella, DJ: regs w/in statutory authority, no evidentiary h'g. 9/4/86: 1st Cir, Breyer, CJ, remanded so Dist Ct may conduct evidentiary h'g.

Michael Ratner, CCR, 666 Broadway, 7th Fl, NY, NY 10012; Pedro Varela, Instituto Puertorriqueño de Derechos Civiles, Puerto Rico

1950s-1988: Def-army officer, head of state of Panama acted as informant to Drug Enforcement Admr, CIA. 2/4/88: U.S. indicted Def: 11 racketeering, drug counts. U.S. negotiated w/ Def to secure resignation, failed. 12/20/89: 25,000 U.S. troops invaded Panama, overthrew Def. 1/3/90: Def surrendered, U.S. forces arrested Def, aides: drug trafficking; brought to U.S.; froze Def's estimated $20 million int'l assets. 1/90: Def moved to dismiss: could not be tried for crimes committed/charges brought before beginning of hostilities; claimed POW status under (Geneva III) (6 UST 3316 (1949), PL-524/2.5); sought repatriation, removal to third country.

• 2/8/90: Hoeveler, DJ: denied motions; Def remained in custody. Gov't advised ct: Def afforded benefits of Geneva III, w/out agreeing Def-POW. 4/5/90: Def moved to dismiss: U.S. invasion for sole purpose of effectuating illegal arrest, depriving him of due process, killing numerous civilians. 4/90: Hoeveler, DJ, denied motion. 6/8/90: Hoeveler, DJ: found jurisdiction. 11/90: Cable News Network (CNN) obtained copies of gov't tapes of Def's phone conversations, asked Def's permission to air; Def moved to dismiss. 5/3/91: Hoeveler, DJ, denied motion: jail may have improperly recorded Def's phone conversations; DA improperly obtained tapes, violated FRCrimP 16,

Frank A Rubino, Coconut Grove, FL; Human Rights Watch, amicus on POW issue

See PL-524/2.5

1987: Shoshone Indian Tribal Authority disputed Gov't claim to NV Test Site land under Ruby Valley Treaty of 1863, granted permits for Peace Camp to anti-nuclear protesters. 3/89: U.S. Bureau of Land Management (BLM) obtained ct order to eject protesters. 4/89: 10-day demonstration at Peace Camp, over 100 arrested. 6/22/89: Def arrested as BLM dismantled camp: trespassing, failure to comply w/ fed'l regs.

• 10/89: Pro, DJ, denied testimony from Shoshone witnesses. 10/18/89: Jury convicted Def. 11/2/89: Def refused probation, sentence: 90 days. Appeal pending.

Yito R De la Cruz, Fed'l Public Defender, 330 S 3rd St #700, Las Vegas, NV 89102

11/21/89: 26 Defs sat down outside Fed'l Building, Olympia, WA to protest U.S. policy toward El Salvador, talk to Rep Unsoeld in her office. Police warned Defs not to block doors; Defs moved. Police warned Defs to clear stairway entirely; Defs refused. Police, Fed'l officers arrested Defs: violation of order to disperse.

• 4/90: Trial before U.S. Magis: Defs asserted civil resistance; not civil

John Thorne, 1625 Delphi Rd SW, Olympia, WA 98502

3/24/89: 11 million gallon oil spill in AK waters. See PL-537/34.5. 2/27/90: Fed'l grand jury indicted Def on 5 counts: violations of Clean Water Act, 33 USC §§1311(a), 1319(c)(1); Refuse Act, 33 USC §§407, 411; Migratory Bird Treaty Act, 16 USC §§703, 707(a); Ports & Waterways Act, 33 USC §1232(b)(1); Dangerous Cargo Act, 46 USC §3718(b). 4/10/90: Def pleaded not guilty. 1/91: Gov Hickel proposed dropping all state, fed'l lawsuits against Def for damage done by oil spill in exchange for $1.2 billion to restore Prince William Sound. 3/13/91: Def, AK, U.S. Gov't announced $1.1 billion settlement of criminal, civil cases brought by Gov'ts against Exxon, including $100 million fine for criminal violations, grant of immunity to owners of Alyeska Pipeline Service Co.

• 3/23/91: Def pleaded guilty to misdemeanor charges pursuant to settlement agreement. 4/24/91: Holland, DJ, rejected criminal settlement: $100 million fine insufficient; gave Def 1 mth to withdraw from criminal plea agreement or allow ct to set fine. 5/25/91: Def withdrew guilty pleas. Trials pending.

See PL-537/34.5

1983: Father Bourgeois arrested in protest at Ft Benning. Elliot, DJ, presided at trial: convicted. 11/16/89: Army School of Americas (ASA) trainees killed 6 Jesuit priests, 2 civilians in El Salvador. 11/16/90: Defs entered Ft Benning Military Reservation, doused ASA in blood; arrested: willfully injuring gov't property (18 USC §1361). 1991: Defs filed pretrial motion for recusal (28 USC §455 (a)): DJ Elliot's intemperate remarks in Bourgeois' 1983 trial reflected personal bias against him, in favor of gov't in civil disobedience cases.

• 1991: Elliot, DJ, denied recusal motion: ct not permitted, as matter of law, to consider any bias arising in connection w/ judicial proceeding. During trial, Elliot, DJ, allegedly confronted Defs, belittled, demeaned their deeply held religious convictions, refused to hear testimony on material facts. Elliot, DJ, found Defs guilty. 1991: Defs appealed denial of recusal motion: judicial bias need not stem from extra-judicial source. 9/28/92: 11th Cir denied: "matters arising out of the course of judicial proceedings are not a proper basis for recusal". 5/24/93: USSC granted Defs' petition for cert based on 902 F2d 1018 (1st Cir 1990),

Peter Thompson, 2520 Park Ave South, Minneapolis, MN 55404

1982: Pres Reagan allegedly orchestrated top-secret illegal weapons transfers to Iraq from NATO stocks. 1984-89: Def-Atlanta branch manager, Italy's state-owned Banca Nazionale del Lavoro (BNL), loaned $5.6 billion guaranteed by U.S. Dept of Agriculture to Iraq (Saddam Hussein) to buy tanks, war planes, ballistic missiles, material to produce chemical weapons, nuclear bombs. 8/89: FBI raided BNL-Atlanta, found evidence of illegal loans to Iraq. 10/2/89: Pres Bush signed Nat'l Security Directive 26 (classified) approving helping Iraq defeat Iran. Dept approved export to Iraq of equipment to develop nuclear bombs. 10/89: CIA wrote 3 classified reports indicating BNL-Rome officials knew of BNL-Atlanta actions. 2/91: DoJ charged Def: 347 counts of bank fraud for making loans w/out knowledge of BNL-Rome, receiving $2.5 million bribes in exchange; also charged 5 BNL-Atlanta officers. 9/17/92: CIA letter to U.S. Prosecutor: CIA had no independent secret information re case. 9/29/92: Sen Intelligence Comm leaders of both parties sent letter to CIA Dir Gates: CIA misled DoJ, fed'l prosecutors/judge re existence of classified reports.

• 10/92: Shoob, DJ, criticized U.S. for failure to "investigate seriously" whether BNL-Rome knew BNL-Atlanta was violating bank policy re Iraq loans. 10/6/92: CIA acknowledged failure to provide DoJ w/ all classified reports re case, gave DoJ incorrect information. Prosecution allowed Def to withdraw guilty plea, asked Shoob, DJ, to withdraw from case; Shoob agreed. Trial pending.

1983: Def serving 20 yr sentence for attempted murder in Maze Prison, N Ireland, escaped, fled to San Francisco. 1984-92: Def lived/worked w/out arrest; obtained false passport; traveled between U.S./N Ireland 3 times. 6/92: Def arrested: passport fraud; detained for possible extradition to N Ireland. Def: feared for life; sought political asylum.

• 7/92: Caulfield, DJ: granted Def bail after UK served Def w/ "no bail" extradition warrant. 7/30/92: 9th Cir aff'd (2-1). 6/93: Caulfield, DJ: ordered UK gov't to produce secret reports of its alleged involvement in N Ireland killings. Pending.

Karen Snell, Deputy U.S. Public Defender

4/18/92: 3 Defs-members of Aryan Nat'l Front, Confederate Hammer Skins, allegedly stabbed to death Benny Rembert, homeless

• 5/11/92: Preliminary h'g: Defs held on $100,000 bond. Pending.

Southern Poverty Law Center, 400 Washington Ave, Montgomery, AL 36104

3/31/79: 11 Defs demonstrated against nuclear power at Rancho Seco Nuclear Power Plant; arrested: trespassing, resisting arrest.

• 8/79: Balding, Muni J: allowed necessity defense, gave jury instructions on necessity. Jury hung. At new trial, Muni J: would permit necessity defense; DA dism'd case.

Alan Ramo

9/14-28/81: 14 Defs blockaded Diablo Canyon Nuclear Power Plant to prevent loading of fuel rods, beginning of low-power testing for which Pacific Gas & Electric had been granted license; arrested.

• Chotiner, Muni J: allowed 11 expert witnesses for Defs re seismic activity in area, potential harm emanating from plant in event of earthquake; allowed Defs to testify re subjective reasons for blockading, personal fears. J filed long written opinion upholding necessity defense. DA did not appeal decision, dism'd charges.

2/1/82: Def demonstrated against development of nuclear weapons at Lawrence Livermore Lab; arrested: obstructing roadway.

• Muni J allowed necessity defense; jury hung (7-5). Def retried; J did not allow instructions on necessity defense, did allow instructions on malice. Jury acquitted Def.

Robert A Van Nest, Keker & Brockett, 710 Sansome St, 94111; Monte S Travis, 2001 Fillmore St, 94115; both San Francisco, CA

3/19/83: 8 protestors blocked "white train" transporting nuclear weapons through Fort Collins, CO; arrested: obstructing Gov't operations, obstructing railway. Defs filed pretrial motions, memos on Nuremberg Principles, int'l law, public health/safety, necessity, religious beliefs.

• 12/7/83: Schultz, J: denied Defs' right to present 40 expert witnesses. J granted continuance; later dism'd for failure to hold speedy trial.

Bradley W Johnson, 116 N College Ave, Ste 1, Fort Collins, CO; Walter L Gerash, Gerash, Robinson & Miranda, 1439 Court Pl, 80202; Sander N Karp, 1100 Stout St; both Denver, CO

11/28-12/2/83: 51 Defs blocked employee access to Williams Int'l plant where cruise missile engines produced; arrested: criminal trespass, disturbing peace, blocking ingress/egress to place of employment, conspiracy to commit offenses. Defs tried in 9 separate trials.

• 3/2/84: Trial Ct in allowed necessity defense; denied int'l law, Nuremberg defenses. Jury acquitted on all charges but failure to obey traffic officer. 4/9/84: Trial Ct in (4 trials) allowed necessity defense; some jury selection by Defs in 4 trials. Jury acquitted all Defs. 4/4/84: Trial Ct in (4 trials) ruled necessity, int'l law, Nuremberg defenses not available. Little or no jury selection by Defs. Jury convicted on all counts in 2 trials; acquitted on factual grounds in 1 trial; 1 trial pending.

Thomas M McGuire, Deborah Choly, Frederick Miller, Douglas R Mullkoff, Ernest Goodman, Neal Bush, Alfred Millstein, James A Carlin, Detroit, MI

See PL-136/36.1

7/27/84: 23 demonstrators arrested at protest of arrival of "white train" at Naval Sub Base at Bangor, WA: obstructing, delaying lawfully operated train (RCW 81.48.020).

• Defs divided into 3 trial groups. Charges against 1st group dism'd at request of Cty: prosecution could not prove train was being operated lawfully, so failed to present prima facie case. Charges against second 2 groups dropped at request of Def. 12/17/84: Prosecution appealed dismissal of second 2 cases. 1/18/85: Defs filed motion in opposition to Govt's motion in limine based on int'l law, Nuremberg Principles; to dismiss appeal. 11/8/85: DA requested dismissal; Ct granted.

Rachel Levy, Lynn Greiner, Daniel Hoytsmith, pro se; John Midgley, Joan Johnston, Ted Dzielak, Brad Spear

See PL-33/28.6; PL-77/25.5; PL-117/28.3

(Chittenden Cir Dist Ct, Unit 2, No 1372-4-84-CNCR); 42 Guild Practitioner 97-98 (1985)

3/24-27/84: 26 Defs staged sit-in at Winooski office of U.S. Sen Robert Stafford (R) to pressure him to hold public meeting on U.S. policy in Central America; arrested: trespass. Defs submitted memo: Defs' actions justified under int'l law, Nuremberg Principles, 1st, 14th Amdts.

• Mahady, Dist J: allowed necessity defense, gave instructions on all defenses, permitted Def expert witnesses: Sonya Hernández (political violence in El Salvador), Janet Shenk (human rights in El

William M Dorsch, 29 Pine St, Burlington, VT; Olin R McGill, RD 3 Hallady Rd, Middlebury, VT; William Nelson; Sandra Baird; Linda L Vance; Joan Bauer; John McCullough

4/9/84: 6 Defs staged sit-in at office of Rep A Chappie to protest U.S. Gov't policy toward Central America; arrested: trespass. Pretrial briefs argued U.S. policies violate fed'l laws, Defs' actions justified under 1st Amdt, int'l law.

• At jury trial, Defs made extensive offer of proof; Rutherford, Muni J: only allowed evidence on 1st Amdt defense. In third day, after DA rested, Defs moved to dismiss: charges false: entered legally. 6/84: J dism'd charges.

Paul T Persons, 1834 Arroyo Canyon Rd, Chico, CA; Lucy Quacinella, Teddora DeLorenzo

11/13/84: Protest at Great Lakes Naval Base against U.S. involvement in Central America, increases in arms buildup; 19 arrested: mob action, resisting arrest. DA dism'd charges against 12. Remaining Defs entered necessity defense based on Nuremberg Principles, int'l law.

• Jury heard testimony: mining of Nicaraguan harbor violated int'l law, occurred w/out knowledge of U.S. Sen. 4/15/85: Jury acquitted Defs.

Shelley A Bannister, Margaret Byrne, Janin L Hoft

4/16/85: 159 anti-apartheid protestors arrested on steps of Sproul (Steven Biko) Plaza, at U of CA-Berkeley: trespassing, blocking public entrance, lodging; 32 also charged w/ resisting arrest. DA dropped charges against all except those charged w/ resisting. Defs divided into 3 groups for trial.

• In first trial, J dism'd trespassing, lodging charges, instructed jury on 1st Amdt; 6/28/85: Jury acquitted on blocking public entrance, voted 7-5 in favor of acquittal on resisting arrest. In second trial, J did not instruct on 1st Amdt; 7/1/85: Jury acquitted Defs of blocking public

Jane R Kaplan, Anna De León, Terry Koch, Dan Seigel, Thomas V Roland

12/84: Def arrested during anti-apartheid demonstration.

• 12/19/84: On the record, DA supported Def's motion to dismiss on basis that Def exercised 1st Amdt rights in nonviolent manner.

Alton H Maddox, Randolph S Glaughin, Cecil V Mason, Howard Burns, Paul O'Dwyer, Gerald Horne, Vickie Erenstein, Antonio Ricco

1/15, 2/7/85: 8 demonstrators arrested at Chicago office of S African Consulate: trespassing.

• 5/17/85: J allowed necessity defense, expert witnesses on apartheid, anti-apartheid measures (including Sen Paul Simon (D-IL), Rep Charles Hayes (D-IL)). In nation's first full trial of Defs arrested while protesting apartheid, jury acquitted after 2½ hrs deliberation.

Timothy W Wright III, David E Neely, Nancy Gaitskill, Thomas J Royce, Lewis Meyers Jr, Clarence I Burch, Julie Aimen

8 Seattle physicians protested apartheid on porch of S African consul's private residence; arrested: criminal trespass.

• Muni J allowed necessity defense, expert witnesses on living conditions under apartheid; Defs, as physicians, testified on medical effects of apartheid, introduced S African consul's personal phone records to prove he was operating consulate out of home, therefore gave up right to privacy. J instructed jury on necessity, required DA to prove absence of necessity. 8/7/85: Jury acquitted Defs. In post-trial comments, jury stated: only when arrests made in protests against apartheid were efforts made to reform system.

Janet Rice

See Seattle Coalition Against Apartheid, PL-44/35.1

6/19/85: Students sought to talk to U of CA president re U divesting financial ties to S Africa; 7 arrested: trespass, resisting arrest, battery (of sec'y).

• DA stipulated to jury instruction on right to entry for "lawful business purpose" exception to trespass charge. Defs' attys (private, ct-appointed, public defender) conducted extensive voir dire on attitudes

Richard Koch, Michael Freund, Malcolm A Smith, Linda Fullerton, James R Jenner, Peter W Saltzman, Ross Hammond

12/84, 1/85: 27 Defs arrested during anti-apartheid demonstrations at office of Honorary Counsel of S Africa: attempted 2d degree trespass.

• 6/85: Trial J granted Defs' motion to dismiss, finding charge unconstitutionally vague, overbroad; violating Defs' free speech, due process rights. DA did not appeal.

Mark Kramer, Douglas A Swanson, Diane Alessi

2/22/85: 24 protestors held vigil on U.S. Navy property at Burlington Northern railroad tracks leading to Bangor, WA, where "white train" carrying nuclear weapons scheduled to travel. State arrested 20: criminal trespass, conspiracy. Defs filed extensive briefs on right to present defenses to jury, in support of motion to dismiss conspiracy charges, in opposition to State's motion in limine.

• Phillips, J, dism'd conspiracy charges: pre-protest meetings demonstrators had w/ sheriff's deputies aimed at promoting peace rather than creating illegal confrontation; did not admit evidence on necessity defense, did allow Daniel Ellsberg to testify as expert about why first-strike nuclear warheads on train, potential danger to peace. 1 Def pleaded guilty to both charges. 6/22/85: Jury acquitted all 19 tried.

Kate Pelaumer, William J Bender, John J Midgley, Theodore Dzielar

See PL-117/28.3; PL-119/25.2

3 Defs demonstrated at Williams Int'l plant against manufacture of cruise missile engines; arrested: trespass, maliciously defacing fence.

• 3/22/85: Boyle, Dist J: 2 Defs willfully trespassed, but under duress; 1 Def acted w/out malice; acquitted Defs.

Daniel James Lagrou, Thomas Gordon Lumpkin, Marietta Louise Jaeger, all pro se

See PL-136/36.1; PL-48/25.2

5/5/85: 2 Defs displayed banner: "Christ Died for Love — Sperry Kills for Profit" in roadway adjacent to entrance of Sperry Plant at Lake

• 9/19/85: J: Defs guilty of disorderly conduct; did not impose any jail, fine or service.

Robert Boehm, 500 5th Ave, NY, NY 10036

8/9/85: 4 Defs blockaded U.S. Gov't Plutonium-Uranium extraction facility at Hanford Nuclear Reservation; arrested: disorderly conduct (RCW 9A.84.030 (1)), failure to disperse (RCW 9A.84.020). Defs filed motions in limine to raise necessity, Nuremberg principles, Geneva, Hague Conventions as defenses.

• Platts, Ct Commr, allowed Nuremberg, necessity defenses, permitted expert testimony re radiation contamination; refused expert testimony re nuclear war, agreed to give int'l law instruction to jury. 12/10/85: Immediately after ruling permitting scientists to testify on radiation contamination, DA moved to dismiss; granted.

Daniel N Clark, Michael E De Grasse, Raymond L Williams

4/5/86: Defs-members of Right to Housing, other orgs, demonstrated at Johnson & Johnson offices to publicize Co's investments in S Africa, contribution to New Brunswick's housing problems; 16 arrested: criminal trespass (NJSA 2C: 18-3). Defs planned defenses of necessity, Nuremberg Principles, statutory justification (NJSA 2C: 3-10).

• Johnson & Johnson dropped charges on day of trial w/out explanation.

William J Volonte

3/28/86 (Good Friday): numerous Defs blockaded entrance road to NV Nuclear Weapons Test Site; arrested: pedestrians on highway, disobedience to law officers.

• Ct dism'd charges: arresting officers cited incorrect stats.

Dan Clark, Carl Maxey

8/6/86: On Hiroshima Day, 29 people blocked road to Hanford Nuclear Reservation; arrested: disorderly conduct. 11 pleaded guilty to violation of muni ordinance under negotiated plea: 1 day jail, credit for time served, $25 fine. Those pleading not guilty released on own recognizance on identifying selves. Defs' trial brief raised claims of lawful authority, including int'l law, Nuremberg Principles, necessity;

• 10/31/86: Pratt, J, dism'd on own motion: disorderly conduct ordinance unconstitutionally vague, making it a misdemeanor to obstruct traffic w/out lawful authority.

Daniel N Clark

1985: Students at U of CO requested U officials ban CIA recruiters from campus; denied. Community in Action, student org, requested Boulder Cty DA to prevent recruiting, citing CIA violations of int'l law in Nicaragua. DA denied request. Over 400 students later demonstrated, attempted "citizen's arrest" of CIA recruiters; 4 Defs arrested: attempted trespass, obstructing peace officer, interference w/ staff, faculty. 4/17/86: Defs' motion argued right to raise choice of evils, int'l law (OAS, PL-370/2.1), Nuremberg Principles defenses.

• J allowed choice of evils, citizen's arrest defense, subpoena of several Reagan officials including North, Secord, Singlaub, Poindexter. DA dropped charges.

Walter L Gerash, George Johnson

See PL-245/25.9

6/12/85: 22 Pledge of Resistance members occupied Denver office of Sen Armstrong to protest U.S. policy in Central America; arrested: criminal trespass.

• Madsen, J: accepted pretrial offers of necessity, Nuremberg defenses, CO Public Duty Statute. DA appealed pretrial ruling to Dist Ct. 2/27/86: Cisneros, DJ: aff'd rulings. 6/25/86: Madsen, J: instructed jury it must find Defs' actions necessary as "emergency measure to avoid imminent public or private injury," but that injury did not have to involve Defs (first time CO judge permitted "choice of evils" law in political protest trial). Jury acquitted all Defs.

Kenneth Gordon

9/27/85: 11 members, Latin American Support Comm occupied office of Cong Charles Pashayan to protest U.S.-supported bombing of El Salvador; arrested: criminal trespass. DA offered not to prosecute if Defs accepted 6-mth probation; Defs declined.

• Muni J refused to instruct jury on 1st Amdt; did not admit evidence on necessity, int'l law, Nuremberg defenses; allowed testimony from Fresno city council member, two members of religious community, member of Medical Aid for El Salvador. 2/10/86: Jury hung (3 for

Calvert & Milrod; 10 Defs pro se

3/19/86: 13 Defs-Pledge of Resistance members occupied New Britain office of Rep Johnson after she refused to meet to discuss her support of aid to Nicaraguan contras; Defs refused to leave after building manager's order; arrested: trespass.

• Defs' pretrial motions raised 1st Amdt issues of free speech, association, right to petition; argued that Congressional staff, not building manager, had legal authority to order vacation of premises. Defs subpoenaed Rep Johnson, she refused to testify. 6/3/86: DA offered to accept nolo pleas, claiming ctroom improper forum for "political nature" of dispute. J granted Defs' motion to dismiss.

Jay F Malcynsky, Jon L Schoenhorn

11/17/86: Jessie Cocks, Peter Bergel, organizers of anti-nuclear demonstrations at NV Test Site, arrested: conspiracy to trespass (gross misdemeanor, punishable by 1 yr jail). (Previous test site Defs charged w/ simple trespass, disturbing peace: 1st offense-$150 fine; 2nd offense-$50 fine, 2½ days jail; 3rd offense-$75 fine, 5 days jail.)

• 10/87: DA dism'd charges w/out explanation 2 weeks before trial.

C Stanley Hunterton

See PL-202/28.9; PL-203/28.11; PL-205/25.8; PL-206/26.1

10/27/86: Def-organizer of anti-nuclear demonstrations at NV Test Site for NV Desert Experience, arrested: conspiracy to trespass (gross misdemeanor, punishable by 1 yr jail).

• 1987: At preliminary h'g Def argued no probable cause for conspiracy: DA failed to name coconspirator. Trial J dism'd.

C Stanley Hunterton

See PL-202/28.9; PL-203/28.11; PL-204/25.8; PL-206/26.1

8/6/86: 3 Defs protested U.S. nuclear weapons tests in lobby of DoE office; arrested: trespass. 2/27/87: State stipulated nuclear testing/weapons dangerous, Gov't policy wrong, eliminating need for expert witnesses on nuclear dangers.

• 2/27/87: J allowed 1st Amdt, denied necessity defense: 10 minutes in DoE lobby did not constitute non-peaceful assembly; Defs properly exercising rights of free speech, assembly; acquitted.

Herbert Kahn, pro se

12/12/86: 28 protestors attempted to enter CIA offices; arrested: Infraction 22 (CA) (precluding jury trial). 14 Defs pleaded nolo, accepted 40 hrs community service.

• 3/9/87: 3 Defs pleading not guilty brought to trial. After viewing police videos, J dism'd charges.

Richard Koch

11/86: Hundreds protested CIA's recruiting activities at U of CO. 16 attempted citizens' arrest of CIA recruiters under 18-1-1707 CRS 1973, 16-3-202 CRS 1973; arrested: resisting arrest, interference. Defs offered affirmative defense (under 18-1-1407 CRS 1973): privilege to prevent law breaking — CIA recruiting is overt act engaged in intentionally to further unlawful purposes of CIA, thus illegal conspiracy in jurisdiction — violating Neutrality Act, Arms Export Control Act, int'l law by helping Contras; listed prospective Def witnesses on facts, law: Edgar Chamorro, Reed Brody, Ralph McGehee, Profs Ved Nanda, Francis Boyle; sought subpoenas duces tecum against: William Casey, Oliver North, Gen'l Singlaub, Richard Secord.

• 8/21/87: Bailin, J: granted Defs' request to present defenses of choice of evils, citizens' arrest, to introduce evidence on both; permitted 7 subpoenas duces tecum to Defs' witnesses, State to pay ½ costs because ½ Defs indigent. DA dism'd all charges before trial. CIA canceled 11/16/87 recruitment visit to U of CO.

George A Johnson, 595 Canyon Blvd, Boulder, CO

See PL-161/25.7

11/24/86: Amy Carter, Abbie Hoffman, 58 others protested CIA recruiting at U of MA-Amherst; arrested: disorderly conduct, trespass, disturbing school. Defs filed 24 page memo raising int'l law, Nuremberg Principles, necessity defenses, CIA activities in Central America.

• 4/15/87: J allowed defenses, expert witnesses: former contra leader Edgar Chamorro, former CIA officer Ralph McGehee, Daniel Ellsberg, Ramsey Clark-U.S. Atty Gen'l under Pres Johnson. 6 member jury acquitted all 15 Defs.

Leonard I Weinglass, Elizabeth O'Connor Tomlinson, Thomas Lesser, Steven C Schlang

1986-87: Students, others, built, occupied several "shanties" on U of MO grounds in symbolic protest of U.S. investments in S Africa. 2/6-7/87: U destroyed shanties; numerous anti-apartheid demonstrators arrested: trespass. 5/87: U dropped charges against all except one representative Def. Def filed motion to dismiss, extensive proposed findings of fact, conclusions of law.

• 12/17/87: Horner, Assoc Cir J, denied Def's motion to dismiss: Def not guilty; filed findings, conclusions. ACLU, defending group, agreed to pay $33 Ct costs. Actions gave rise to other outcomes: shanties built in other parts of city, demonstrations began at U demanding increased attention to affirmative action, end to racism at U. Arrests of original protestors generated controversy over strip-search policies at Boone Cty Jail.

Dan Viets, ACLU

4/8/87: 30-40 Evergreen State College students sat-in at state capitol in support of S Africa divestment bill. State Patrol ordered them to disperse; 7 refused to obey, arrested: disorderly conduct.

• Stilz, J: denied Gov't motion in limine to suppress necessity defense. 10/20/87: During jury trial, Defs presented defenses: necessity, Nuremberg, UDHR, (PL-96/2.1), (PL-97/2.2), (PL-100/2.3), ICJ Stat on sources of int'l law; expert witnesses: Miriamu LeTyee, Seattle Anti-Apartheid Org; Randy Carter, American Friends Service Comm. 11/9/87: Jury acquitted Defs.

John Thorne, Jason McCarty

5/10/87: 3500 people registered at Mother's Day Action in support of comprehensive nuclear test ban.

• Police nominally arrested, handcuffed, led into buses unknown number of protestors; issued citations: some lacked names, some lacked signature of arresting officer; some arrestees gave obviously false names. Police brought arrestees back to test site, released them. Some arrested twice. No further action.

Dave Phillips

2/5/87: 2,000 protested at NV nuclear weapons test site, including Daniel Ellsberg, Martin Sheen, Kris Kristofferson, arrested: misdemeanor trespass (NRS 207.200).

• Ct convicted fewer than 100 Defs; many received $10 ct cost levy.

Defs pro se, assisted by Al Marquis, John Burroughs

4/17/87 (Good Friday): Over 30 Defs blocked main gate to Lawrence Livermore Nuclear Weapons Lab by nonviolent sit-in; arrested: blocking, delaying traffic (Vehicle C §21950(b)).

• 7/8/87: Traffic Commr agreed to consider expert testimony on necessity defense, int'l law (including Nuremberg Principles, Geneva Protocols, Hague Convention) via affidavits. Defs filed affidavits of Daniel Ellsberg (on effectiveness of nonviolent protests in arousing citizen action), Frank Newman (on int'l law), Charles Schwartz (on role of Lab in promoting arms race); trial set for 10/20/87. 10/87: J granted DA request that all charges be dropped.

Stephen Brannon, Lynda Burton, Andrew Lichterman, John Burroughs, Western States Legal Foundation

6/27/86: Def protested manufacture of Vulcan gun (rapid-fire air-to-ground cannon) at Gen'l Electric Plant in Burlington; arrested: disorderly conduct (13 VSA §1026 (5)) for blocking traffic.

• 1/26/87: Mahady, J, filed 20 page opinion citing state, nat'l authorities: Def may present evidence on necessity, Nuremberg Principles, int'l law defenses. 3/26/87: Trial ct denied state's request for interlocutory appeal. 12/24/87: VT Sup Ct dism'd state's interlocutory appeal. 1/88: state dism'd all charges.

William Nelson

For several yrs Cambridge residents, Simplex Steering Comm opposed MA Institute of Technology (MIT) plans to build office, hotel, condo project. 10/87: Comm festival, sleep-over at site w/ MIT acceptance. Several homeless stayed, forming "Tent City" to focus attention on lack of affordable housing, MIT failure to develop housing. 11/23/87: MIT police evicted "Tent City" residents; 9 arrested while packing w/

• 1/13-15/88: At trial, after DA rested, Defs moved for directed verdict of acquittal of 4; Gershengorn, J: granted. 5 Defs then argued: entitled to reasonable time to pack belongings, leave. Expert witnesses testified, including 3 MIT officials subpoenaed over MIT objections. During Defs' case remaining charges dism'd at J's suggestion; Defs agreed to 16 hrs community service; MIT agreed not to pursue disciplinary charges against student Defs. MIT proceeded w/ building project.

Kurt Pressman; Lee Goldstein, 678 Massachusetts Ave, Cambridge, MA 02139; Robert Johnson

(Mt Diablo Muni Ct #106920-2; Contra Costa Cty Super Ct #C88-01168)

9/28, 10/5, 12/23/87: Peaceful protests of U.S. arms shipments to Central America where RR tracks cross Port Chicago Highway connecting inland, tidal portions of Concord Naval Weapons Station. Police arrested 33: trespassing (CA Pen C 602(n)), obstruction of thoroughfare/public place (Pen C 647(c)), unauthorized entry on RR property, interference w/ operation of trains (Pen C 369(i)). Attys agreed 15 Defs to represent all 33 in trial, all 33 bound by verdict. 2/5/88: DA moved in limine for order precluding defenses of necessity, int'l law, Nuremberg Principles; Defs opposed on constitutional ground of precluding Defs from offering certain defenses at trial before any evidence presented by Gov't.

• 2/26/88: Cunningham, Muni J: granted DA's motion, also precluded Defs using statutory defense of prevention of crime/defense of others (CA Pen C 692). 3/22/88: Defs filed petition in Super Ct seeking peremptory writ of mandate/prohibition compelling Muni Ct to vacate order granting DA's motion in limine. 5/7/88: Arnason, Super Ct J, issued brief written order: rejection of Defs' defenses too "broad and all-encompassing." 7/88: in jury trial, after extensive argument, testimony before J, J denied DA's motion in limine; J permitted Dr Charles Clemens' expert testimony on role of Naval Station in shipment of war materials; barred testimony on right to resist under int'l law; allowed Defs to discuss motive in blocking Navy munitions trains. 7/22/88: Jury hung (9-3 for conviction). 9/88: J dism'd charges: legal status of property on which arrests occurred (tracks) unclear.

H Stanley Dewey, 3150 Hilltop Mall Rd #16, Richmond, CA 94806; Sylvia A Keita, 2161 Shattuck Ave, 94701; Margaret J Mossman, 1607 A Grant St, 94703; both Berkeley, CA; Mary W Izett; John Burroughs; Lowell Richards, 565 Ygnacio Valley Rd, Walnut Creek, CA 94596

8/87: 26 Pledge of Resistance members protested at Arlington Heights Army Reserve Training Center; arrested: trespassing.

• 5/11/88: Madden, J: allowed necessity defense. 5/12/88: J sustained

11/87: Students in anti-CIA protest at U of CA-Santa Barbara opposed teaching appointment of CIA officer as danger to U researchers abroad, violation of U Reg #5 on academic freedom. Police arrested 35: trespass, resisting arrest.

• 4/88: Ochoa, J: allowed necessity defense; granted Gov't motion in limine in part; disallowed expert testimony of former CIA agents. Jury voted 9-3 to acquit of trespass, 7-5 to convict of resisting; trespass charge dism'd; 6 Defs pleaded nolo to resisting.

Richard A Frishman, 206 Sacramento St, Nevada City, CA

3/18/88: Nun, 61 others, protested against troop deployment in Honduras; arrested: disorderly conduct.

• 48 tried, 2 guilty; sentenced: 1 day jail, 6 mths ct supervision. 5/23/88: 12 acquitted; 2 convicted; sentenced: 1, 6 mths ct supervision.

Kathleen Desaultels, pro se

7/14/88: 11 Defs occupied vacant Fed'l Housing Admr housing unit, arrested: trespass.

• Knop, Magis, allowed justification defense (AZ Revised Stats §§13-401, 402), allowed expert testimony on: 1987 McKinney Act (42 USC §11301) mandating U.S. to make unused Gov't housing available to homeless, conditions of homeless, need for more Gov't housing assistance. 11/18/88: Magis: Defs not guilty, assailed U.S. Housing & Urban Development Dept for failure to address homelessness.

Susan Ferrell

3/26/88: Base Commander, Davis-Monthan AFB approved displays at annual air show of literature by vets' lobbying org, POW/MIA group seeking help on suit against U.S.; Base authorities detained Def for "continuing to engage in a political demonstration": handing out leaflets critical of U.S. policy in Honduras; turned over to city police: trespass.

• 7/20/88: At bench trial, Def introduced other literature displayed, cross-examined Base atty on definition of "political demonstration." Goldman, Magis, requested written closing arguments. 8/8/88: Magis granted DA's motion to dismiss "in interests of justice."

Jack Cohen-Joppa, Box 43383, Tucson, AZ 85733, pro se

7/22/88: Defs protested U.S. violation of ICJ decision in (PL-43/5.2) by kneeling in prayer inside, outside Long Island Marine, Navy recruiting offices. Arrested: disorderly conduct.

• 4/29/89: Calabrese, Dist Ct J: denied Defs motion for expert testimony on int'l law, effects of U.S. violation; Defs not guilty: reasonable doubt whether conduct disorderly, Defs exercising 1st Amdt rights.

Robert Boehm, 500 5th Ave, NY, NY 10036

(Worcester Dist Ct 1989)

8/7/89: 5 Defs sought to give leaflets, photos of Soviet people to employees at GTE's Westboro, MA nuclear weapons facility; denied entry; prayed outside building; arrested: trespass. DA filed motion in limine to deny necessity defense.

• Philbin, J: denied motion. 11/1/89: At 6-member jury trial, expert witnesses testified on threat of MX, other first-strike weapons GTE builds, failure of legal means to abate threat, effectiveness of civil disobedience, religious teachings against nuclear weapons: Ted Conna, Physicians for Social Responsibility; Paul Walker, defense analyst; Prof Michael True, Catholic Peace Fellowship; Srs Mae Gagnon, Clare Carter. Defs told jury personal history of activism. J gave instructions on necessity; jury acquitted.

Scott Schaeffer-Duffy, Jennifer Hoffman, Tom Lewis, Ken Synon, Harriet Nestel, all pro se

11/89: Large group of Comm in Support of People of El Salvador (CISPES) supporters blocked Interstate Highway 5 protesting U.S. policy re El Salvador; many arrested: traffic violation. Defs pleaded guilty.

• 11/89: Kessler, J: permitted each Def to make statement at sentencing; sentenced several w/ prior records to $25, w/out records suspended $25 fine; Def Harburg gave speech on Govt's violation of int'l law, grounds for necessity defense, no one should have to pay fine since Gen'l Secord admitted felony, was not severely punished. Kessler, J: in view of Secord example, suspended all fines.

12/23/87: While protesting weapons train bound for Nicaragua contras, El Salvador, at Concord Naval Weapons Station, police sprayed Def w/ tear gas, arrested Def, 7 others: obstruction of public officer in performance of duty (CA Pen C §148), obstruction of thoroughfare (CA Pen C §647c). At trial, Def raised necessity defense, Nuremburg

• 4/10/89: Cunningham, J: dism'd.

Greg Getty, pro se

7/16/78: After scuffle in store in Yreka, CA, 27 heavily-armed police officers chased Native American Def, 4 relatives; officers fired hundreds of rounds, wounding Def, 2 others. Def fired once, killed police officer; Def surrendered, charges: 1st degree murder, conspiracy to commit murder, assaulting police officer w/ deadly weapon. Def tried in Placer Cty Ct. Jury convicted on all counts; sentence: death.

• 12/85: CA Sup Ct rev'd murder, assault convictions, ordered retrial, resentencing. Def filed motion in limine re admissibility of "cultural" evidence, motion granted. Retrial ordered in San Francisco Super Ct. Def introduced cultural evidence, expert witnesses on history of brutality to Indians in northern CA, contemporary racism, harassment of Indians. 5/1/90: Jury acquitted Def.

J Tony Serra, Diana Samuelson, 473 Jackson St, 94111; Jasper Monti, 629 Bryant St, 94107; both San Francisco, CA

See PL-106a/28.7, PL-106b/29.1

(Staten Island Cir Ct); (NY App Term #7R005336 et seq, 1988)

7/14/87: 38 Defs protested construction of U.S. Navy homeport on Staten Island; arrested: trespass (reduced to violation); resisting arrest, possessing handcuffs (dropped). Defs filed extensive omnibus motion w/ supporting affidavits.

• 5/23-27/88: Richmond Cty Crim Ct, McBrien, J: allowed expert witnesses on necessity defense: physicist Michio Kaku; Admiral Gene LaRocque; John Seeley, expert on evacuation plans; disallowed other experts; Several Defs recited Nuremberg Principles. 7/8/88: J acquitted 30 Defs; 8 Defs pleaded guilty; sentenced: 6 Defs-200 hrs community service (unparalleled for nonviolent action); 2 Defs-25 hrs community service. Ct allowed Defs to perform community service at peace/social justice org. J granted motion for stay pending appeal. Def planned appeal on: Illegal sentencing procedure, failure to allow Defs to testify they believed actions legal, failure to consider int'l law, issue of intent. 5/89: Ct informed Defs clerk lost trial notes. Appeal suspended.

Ellen Yaroshefsky, 72 Spring St, NY, NY 10012; Robert Boehm, 500 5th Ave, NY, NY 10036; Mark Gombiner, Peter Henia, Rose Candeloro, John Upton, Michael Wiseman, NLG

See PL-111/43.5; PL-150/48.3; PL-270/48.3; PL-271/48.4; PL-272/48.4; PL-273/48.4

1983-89: Peace activists held monthly vigil outside Hercules plant, manufacturer of Trident II missile engines. 10/20/89: Hundreds in peaceful vigil, 3 entered Hercules property, arrested: criminal trespass (W Valley City Ordinances §76-6-206).

• 1/26/90: Thorne, J, allowed: voir dire on Nuremberg principles, nuclear weapons policy, int'l law; allowed expert testimony: on importance of 1st Amdt exercise to U.S. history; based on survey of intent of Defs in similar cases re: intent of Defs to enforce Nuremberg Principles, not violate domestic law; on illegality of Trident II missiles as first strike weapons; allowed Defs to testify re: intent; gave jury instructions on: Nuremberg Principles, Utah Const Art I §1, 1st Amdt, int'l treaties, necessity. Jury acquitted.

Russell Minas, 1333 South 1100 East, 84105-2420; Bruce Plenk, 125 L St, 84103; Ronald Yengich, 175 East 400, 84111; all Salt Lake City, UT

3/17/90: Def passed out leaflets during air show at Davis Monthan AFB; arrested: criminal trespass. Def raised 1st Amdt, selective enforcement: person distributing leaflets on veterans' rights, etc., allowed to continue; Air Force stated these groups had applied for permission. 4/16/90: Air Force ordered Def to stay off base.

• 6/12/90: Wilson, Magis: Def not guilty. Def requested rescission of order barring him from base. 6/30/90: Air Force denied request.

Jack Cohen-Joppa, Box 43383, Tucson, AZ 85733, pro se

6/90: Defs-rap musicians arrested at concert: misdemeanor obscenity. 10/10/90: Defs challenged jury selection method of drawing potential jurors only from voter registration lists: blacks, younger people under-represented on voter lists; obscenity charge requires jurors to determine community standard; process violated right to trial by jury of Defs' peers. Only 3 of 70 potential jurors were black.

• Johnson, J: denied Defs' challenge. Expert witnesses testified to artistic value of Defs' music; DA played Defs' tapes. 11/6/90: Jury acquitted.

Bruce Rogow, Nova U Law School

10/21/89: 3 Defs-Skinheads beat Eric Vaerga-Pacific Islander; Defs mistook victim for Hispanic; arrested: felony assault, civil rights violations (racially-motivated beating).

• 6/17/90: Defs convicted: 3 yrs, $500 fine; 6 yrs; 1 yr.

1990: Eyewitnesses heard Def, cohorts scream racial epithets as they severely beat 2 Mexican-American men. Def charged: intimidation: crime for 2 or more persons to intentionally, knowingly, recklessly cause physical injury to another based on Defs' perception of victim's race, color, religion, nat'l origin, sexual orientation (ORS 166. 165(1)(a)(A)). Def demurred: statute vague, burdens right to speech; pleaded not guilty.

• 1990: Ellis, J: overruled demurrer. After trial, jury convicted Def: assault, 1st degree intimidation. 6/19/91: OR CT of App, per curiam, aff'd. 8/27/92: OR Sup Ct aff'd, Graber, J: 1) intimidation statute not unconstitutionally vague under OR Const Art I §§20, 21, 14th Amdt due process; crime defined in sufficiently clear, explicit terms to apprise Defs of prohibited conduct; Defs' perception need not be accurate to have committed 1st degree intimidation; 2) statute does not unconstitutionally restrain Def's free expression of opinion, speech under OR Const Art I §8, 1st Amdt; persons can commit crime w/out speech.

Robert M Atkinson-Asst Atty Gen'l, Charles S Crookham-Atty Gen'l, Virginia L Linder-Solicitor Gen'l, Salem, OR; amicus Rex Armstrong, Bogle & Gates, ACLU Foundation-OR, Portland, OR

10/22/90: 6 Defs-Transportation Alternatives members blocked outer lane traffic on Queensboro Bridge during peaceful protest of city closing of bike lane, dangers of auto air pollution; arrested: disorderly conduct.

• 2/5/91: Ct trial, Safer-Espinoza, J: allowed Defs expert witnesses on transportation, pollution, permitted necessity defense (NY Pen Law 35.05(2)). 3/14/91: J issued 42-page written opinion citing numerous unreported acquittals when necessity defense allowed; alluded to Defs' nonviolent actions, need for public education on issues; Defs made prima facie case supporting necessity defense: reasonable belief, choice of evils, imminence of harm, no legal alternative, causal relationship; burden shifted to prosecution to disprove Def's necessity defense beyond reasonable doubt; prosecution failed to do so; acquitted.

Ronald B McGuire, 101 Park Ave, NY, NY 10178

1/15-25/91: Massive protests against Gulf War; 2,000 arrested: obstructing street, sidewalk, 22 MPC; 500 arrested on fed'l charges: later dropped. 900 Defs tried separately.

• At trials, Defs raised defenses: 1) not "willful obstruction" because no malice; 2) Defs' actions protected by 1st Amdt, which requires strict reading of stat; 3) obstruction not substantial. 3/21/91: Defs filed

NLG, 558 Capp St, San Francisco, CA 94110

1/14,17/91: Protestors blocked streets in downtown Seattle to protest Congressional approval for use of force in Persian Gulf; 110 arrested, including 4 pro se Defs: misdemeanor disorderly conduct. 1 Def filed motion for dismissal: lack of evidence.

• Clark, J: granted Defs' motion for dismissal; denied other 3 Defs' expert witnesses; allowed them to present evidence on necessity, int'l law. 3/6/91: Defs argued U.S. violated int'l law (Nuremberg Principles, Geneva Conventions) by: planning, preparing for war; withdrawing from ICJ in 1985; bombing civilian targets in Iraq. Def-Hill answered all DA questions: "Like Pres Reagan said when he was questioned about Iran-Contra, `I just don't remember.' " Jury hung (4-2 for acquittal); charges dropped.

Steven Hill, pro se, 410-11th Ave E, #1, Seattle, WA 98102

1980-89: 1,800 workers died throughout NC due to workplace accidents; NC maintains own occupational safety programs, subject to approval by Occupational Safety & Health Admr (OSHA); 22 experienced safety inspectors to monitor 180,000 workplaces. 9/3/91: Hamlet, NC, 25 people killed at Imperial Foods poultry plant explosion due to locked, blocked fire escapes; plant had no safety/fire inspection in 11 yrs. Coalitions formed to commemorate, change, fight for workplace reform after Imperial fire. State arrested Def-owner of Imperial Foods: involuntary manslaughter.

• 9/92: Def agreed to plead guilty to 25 counts of involuntary manslaughter, accepted 20 yr prison term. NC fined Def's co $800,000 for Labor Code violations, forcing co into bankruptcy; maneuver forestalled 102 civil claims from injured, survivors, families of injured, dead. 11/92: Pls, Def's insurance cos agreed to $16 million settlement.

Woodrow Gunter II, Pl's atty, NC; Mark Schultz, Exec Director, NCOSH, Hamlet, NC; Justice Speaks, PO Box 1339, Rocky Mount, NC 27802

7/91: Def, AIDS counselor, member of Needle Exchange Emergency Distribution (NEED), provided intravenous drug users w/ clean needles to prevent spread of AIDS virus. Def arrested: illegal distribution of hypodermic needles. Def argued necessity defense:

• 9/10/91: Jury deadlocked; deliberation focused on whether AIDS is "immediate" threat, whether adequate alternatives available. Brosnahan, J: mistrial. 4/93: On retrial, Greenberg, J: lower ct had no jurisdiction to accept state's writ to exclude necessity defense; Def acquitted.

William Simpich, 1736 Franklin, 10th Fl, Oakland, CA 94612

10/11/69: Def-medical student, first aid asst in antiwar demonstration; prevented 6 police officers from moving injured man w/out stretcher; arrested: disorderly conduct, interfering w/ police officer in performance of duties (muni ordinances).

• Ouska, Cir J: denied necessity defense, jury instruction on necessity. Jury convicted; sentence: $500 fine. 1/23/74: IL Sup Ct rev'd, Davis, J: Def entitled to necessity defense, jury instruction on necessity: had specialized knowledge that greater injury to injured man was imminent; necessity available in ordinance violation as well as penal violation.

Henry F Field, 2344 Lincoln Park W, Chicago, IL

12/83: Woman placed Christmas ornament on tree located in area appearing to be public sidewalk on periphery of Gen'l Dynamics Convair property during protest against nuclear weapons manufacture; arrested: misdemeanor trespass (CA Pen C 602 (n)).

• 1984: Def convicted; sentence: 3 yrs probation. Super Ct App Dept aff'd. CA Sup Ct granted Def's habeas petition: area was open to public; ordered full h'g by DCA. 2/26/87: DCA rev'd (2-1): Def's "crime" was content of message, not interference w/ property owner's legitimate interests; Convair could have posted signs near tree, didn't.

Dan Bacal, Michael Kaye, ACLU

1/87: Def-actor appeared on "Good Morning America", said he would demonstrate at NV Test Site on 1/27/87, commit civil disobedience. While in prayer near test site before civil disobedience committed, Def arrested on warrant: "threatening to commit an offense against a person or property."

• J of Peace ordered Def to pay $5000 "peace bond" or face 6 mths jail; Beko, DJ: aff'd. 12/29/88: NV Sup Ct rev'd unanimously: arrest, bond wrongful; Young, ChJ: civil disobedience not crime in NV.

Al Marquis

See PL-202/28.9; PL-203/28.11; PL-204/25.8; PL-205/25.8

7/13/86: Def-Mixtec Indian, migrant farmworker speaking little/no English, arrested for fatal stabbing of Ramiro López Fidel, fellow migrant worker. Def's knife had no traces of blood.

• 10/86: Def convicted of murder; J polled jury — each aff'd verdict. 1987: Ct of App aff'd, Sup Ct denied review. 1988: Independent investigation found evidence to exculpate Def. 4/11/91: Marion Cty Cir Ct, Duane Ertsgaard, J: granted Def's post-conviction prayer: Def denied adequate defense. Conviction overturned.

Paul DeMuniz, Salem OR (now OR App Ct J)

12/85: Lexington police arrested Def: soliciting undercover officer to engage in "deviate sexual intercourse" (KRS 506.030(2)(d)); solicitation of consensual acts of sodomy, not for money, both adults. Def challenged constitutionality of criminalizing same sex intercourse (KRS 510.100).

• 1986: Fayette DJ dism'd charge: KRS 510.100 violates Def's privacy rights under KY Const §§1, 2. 1989: Tackett, Fayette CJ, aff'd: KRS 510.100 violates Def's equal protection rights under KY Const §§1, 2. 9/24/92: KY Sup Ct aff'd, Leibson, J: struck down sodomy law: 1) KRS 510.100 violates KY Const privacy rights, which are broader than U.S. Const; 2) KRS 510.100 violates KY Const equal protection: singles out homosexuals for different treatment for engaging in same activity heterosexuals are free to perform; 3) no rational basis for punishing deviate sexual intercourse based on sexual preference; sexual preference, not act, determines criminality. 1/21/93: reh'g denied.

Ernesto Scorsone, 167 W Main St #804, 40507; Pam Goldman, PO Box 102, 40501; Dean W Bucalos, 201 W Short St, 40507; all Lexington, KY; amici: Kenneth C Plotnik, 607 W Ormsby Ave, Louisville, KY 40203; Allen W Holbrook, 100 St Ann St, Owensboro, KY 42301; Stanley M Spracker, 1616 L St NW; David W Ogden, 21 DuPont Circle NW; both Washington, DC 20036

15 year old Pet actively participated in brutal murder. DA filed petition to have Pet tried as adult (10 OK Stat §§1101(b), 1112(b); 21 OK Stat §§701.10-701.15).

• Grady Cty J granted. Jury convicted Pet: 1st degree murder; sentence: death. 1986: OK Ct of Crim App, Brett, J, aff'd. 6/29/88: USSC vacated, remanded (5-3), Stevens, J: 8th, 14th Amdts prohibit execution of Pet convicted of 1st degree murder for offense committed when 15 yrs old.

Harry F Tepker, Jr, Norman, OK; amici: Randy Hertz, Martin Guggenheim, Child Welfare League of America; Robert H Kapp, Int'l Human Rights Law Group; Eugene C Thomas, Andrew J Shookkhoff, Steven H Goldblatt, American Bar Assn; Joseph T McLaughlin, Jeremy G Epstein, Henry Weisburg, American Society for Adolescent Psychiatry; Paul L Hoffman, Joan W Howarth, Joan E Hartman, Mary E McClymont, John E Osborn, Amnesty Int'l; Anna Mamalakis Pappas, Defense for Children Int'l-USA; James E Coleman, Jr, Michael A Mello, Nat'l Legal Aid & Defender Assn; Theodore Gottfried, Office of IL Appellate Defender

1987: Defs-minors sentenced to death under laws of different states. Separate state Sup Ct decisions aff'd.

• 6/26/89: USSC aff'd (5-4), Scalia, J: 8th Amdt does not forbid execution of juveniles. Brennan, J, diss at 2982: execution of minors violates standard of decency; cited Art 6(5) (6 ILM 368, PL-97/2.2), American Convention on Human Rights Art 4(5) (9 ILM 673), Geneva Convention Art 68 (6 UST 3516), UNESCO Res 1984/50, all explicitly prohibiting execution of juveniles; Amnesty Int'l recording of only 8 executions of criminal minors worldwide since 1979.

Frank W Heft Jr, Louisville, KY

9/12/84: Def-Mexican nat'l fled from 2 uniformed police officers in marked car. Officer left car, chased Def; scuffle; officer shot/killed. Def fled to Mexico, claimed officer beat Def after surrender, Def took officer's gun, shot him in self-defense. 4/10/85: Def charged w/murdering police officer in course of duty; extradited to U.S. 8/29/85: Def's change of venue motion granted.

• 1986: McLean Cty jury found Def guilty; sentence: death. Def appealed: denied equal protection when transferred to McLean Cty: exclusion of Hispanics, blacks from jury. 11/21/88: IL Sup Ct aff'd,

Michael D Ettinger, Barry S Pechter, Oak Lawn, IL; Michael Metnick, IL Attys for Criminal Justice, 107 W Cook St, Springfield, IL 62704

1984: Black Def arrested: kidnapping, rape, murder. Def filed pretrial motion to restrict racial use of peremptory challenge: DA had history of excluding blacks from juries where issues involved whites.

• 10/25/84: Lee, J: denied motion. During voir dire, DA used peremptory challenges to remove 9 black jurors, leaving 1. Jury convicted Def. 2/19/85: Lee, J: denied motion for new trial. 10/29/85: GA Sup Ct, Smith, J, aff'd. 2/23/87: USSC rev'd, remanded: 476 US 79 (1986), applies retroactively. 2/19/87: GA Sup Ct: Def's equal protection claim procedurally barred. 2/19/91: USSC rev'd (9-0), Souter, J: 1) although Def's pretrial motion did not mention equal protection, new trial motion cited 6th Amdt, pretrial motion's reference to pattern of excluding black jurors over long period constituted assertion of equal protection; 2) rule (requiring objection to jury between selection, admr of oaths) not adequate, independent state procedural ground barring fed'l judicial review of Def's claim.

Charles J Ogletree Jr

1982: Def murdered 11 year-old stepdaughter, fled AZ, convicted of unrelated fed'l crime, incarcerated in NY, befriended FBI informant, admitted killing stepdaughter; Def released from prison, confessed to informant's wife. 9/4/84: Def indicted in AZ: 1st degree murder. Def moved to suppress confession as coerced, violated 5th, 14th Amdts.

• 12/19/85: Gerst, J: denied Def's motion; Def convicted, sentence: death. 1988: AZ Sup Ct rev'd, remanded: confession was coerced, precedent precluded use of harmless-error analysis; ordered new trial w/out use of confession. 3/26/91: USSC aff'd (JJ divided on 7 issues), White, J: 1) Def's confession was coerced; motivated by fear of physical violence w/out protection from informant; 2) State failed to meet beyond reasonable doubt burden that admission of Def's confession was harmless; unlikely physical, circumstantial evidence alone sufficient to convict; per Rehnquist, ChJ: 3) harmless error rule applied to admission of involuntary confessions; involuntary

Stephen R Collins, Phoenix, AZ

1988: White Def on trial: murder, aggravated murder w/ firearms specifications. During voir dire, Def objected to DA's use of peremptory challenges to remove 7 black jurors.

• 1988: Trial J rejected Def's request to require DA to explain reasons for excluding black jurors. Jury convicted Def; sentence: 53 yrs-life. 1989: OH Ct of App aff'd. 1989: OH Sup Ct dism'd. 4/1/91: USSC rev'd (7-2), Kennedy, J: Under 14th Amdt equal protection: 1) criminal Def may object to race-based peremptory challenges whether or not Def and excluded jurors are of same race; 2) affords ordinary citizens valuable opportunity to participate in democratic process; 3) purpose of jury system to impress on Def, community that verdict is given in accordance w/ law by persons who are fair, which would not occur if jury chosen by unlawful means.

Robert L Lane, Columbus, OH

12/1/83: Def indicted: 2 counts 1st degree murder. 9/84: After trial, jury convicted. DA notified ct: would not seek death penalty. 10/12/84: At sentencing h'g, Reinhardt, J: DA's recommendation inadequate; sentenced: death (ID C §19-2515 (1987)).

• 7/29/87: ID Sup Ct, Bakes, J, aff'd. 6/13/88: USSC vacated, remanded. 4/4/89: ID Sup Ct, Bakes, J, aff'd. 5/20/91: USSC rev'd, remanded (5-4), Stevens, J: sentencing process violated 14th Amdt due process; at sentencing h'g, Def did not have adequate notice judge might sentence him to death: presentencing order comparable to pretrial order limiting issues to be tried. Scalia, J (Rehnquist, White, Souter, JJ) diss.

Joan Marie Fisher, Genessee, ID

4/88: Youths fled at approach of unmarked police car; police, wearing police jackets, left car to chase; officer almost upon Def, Def tossed small amount of cocaine; officer tackled, handcuffed, arrested Def: cocaine possession.

• 1989: In juvenile proceeding, Sweeney, J: denied Def's motion to suppress $130 cash, pager, cocaine; convicted Def. 12/15/89: Ct of App rev'd, Rancanelli, J: Def seized when he saw officer running toward him; seizure unreasonable: 4th Amdt; DA conceded officer lacked reasonable suspicion required to justify stopping Def; evidence

James L Lozenski, Berkeley, CA

1986: Hispanic Def arrested: attempted murder, criminal possession of weapon. During voir dire, Def objected to Pl's peremptory challenges of 4 Latino jurors.

• 1/30/87: Beldock, J: rejected Def's claim under 476 US 79 (1986); convicted. 5/16/88: App Div aff'd. 1990: NY Ct of App, Bellacosa, J, aff'd. 5/28/91: USSC aff'd (4-2-3), Kennedy, J: 1) DA offered race-neutral explanation for striking 2 Spanish-speaking Latino jurors: doubted ability of bilingual jurors to accept official translation of Spanish testimony; 2) trial ct did not commit clear error in concluding DA did not discriminate on basis of race; once DA offered race-neutral explanation, trial ct finding represents finding of fact accorded great deference on appeal. Stevens, J (Marshall, Blackmun, JJ) diss: Neither other equal protection holdings have imposed on Def added requirement to generate evidence of DA's subjective intent to discriminate; DA's explanation insufficient, inevitably results in disproportionate disqualification of Spanish-speaking jurors; less drastic means available (instructing jury); if DA's concerns valid/substantial, would have supported challenge for cause.

Kenneth Kimerling, NY, NY

10/30/87: Police saw Def w/ brown paper bag leave apartment known to contain marijuana. Def placed bag in car trunk, drove away. Police stopped car, opened trunk/bag, found marijuana, arrested Def: possession of marijuana for sale (CA Health & Safety C §11359). Def pleaded guilty.

• 1989: Brown, J: denied Def's motion to suppress; convicted Def. 1/3/90: DCA rev'd: marijuana should have been suppressed; police could seize, could not open closed container w/out warrant. 5/30/91: USSC rev'd (5-1-3), Blackmun, J: police may search container in car w/out warrant w/ probable cause to believe container holds contraband

Fred W Anderson, Santa Ana, CA

198_: 2 Broward Cty Sheriff officers boarded Def's bus; questioned Def w/out stating basis for suspicion, requested consent to search Def's luggage for drugs, advised Def of right to refuse. Def consented; officers found cocaine; arrested Def: drug trafficking.

• 1987: Seay, J: denied Def's motion to suppress cocaine because seizure violated 4th Amdt; Def convicted. 1987: FL Ct of App aff'd, but certified question to FL Sup Ct. 1989: FL Sup Ct: sheriff's practice of working buses unconstitutional; reasonable passenger would not have felt free to leave bus to avoid questioning by police. 6/20/91: USSC rev'd (6-3), O'Connor, J: random bus searches conducted pursuant to passenger's consent not per se unconstitutional; test is whether, taking into account all circumstances surrounding encounter, reasonable passenger would feel free to decline officer's requests, terminate encounter.

Donald B Ayer, Washington, DC

Pet arrested: possessing 672 grams of cocaine (1980 MI Comp Laws §333.7403(2)(a)(i), §§791.233b(1)(b), 791.234(4), §333.7401(2)(a)(i)); convicted; sentence: mandatory life w/out parole. Def appealed.

• MI Ct of App aff'd. 6/27/91: USSC aff'd (5-4), Scalia, J: imposition of mandatory sentence of life in prison w/out possibility of parole or consideration of mitigating factors (Pet had no prior felony convictions) did not constitute cruel, unusual punishment; severe, mandatory penalties may be cruel, but not unusual; individualized capital-sentencing doctrine may not be extended outside capital context because of qualitative differences between death and all other penalties. White, J (Blackmun, Stevens, JJ) diss: undeniable USSC cases have construed 8th Amdt to embody proportionality component ... decisions requiring proportionality do so because of 8th Amdt's prohibition against cruel, unusual punishments; Court's capital punishment cases requiring proportionality reject Scalia's notion that 8th Amdt bars only cruel, unusual modes, methods of punishment. Marshall, J, Stevens, J (Blackmun, J) diss.

Carla J Johnson

1991: Jury convicted Def of 1st degree murder of woman, 2 yr-old daughter; 1st degree assault w/ intent to murder 3 yr-old son. At sentencing Def called parents, girlfriend, clinical psychologist to testify to mitigating circumstances in Def's background. State called victim's grandmother to testify son missed mother/sister; commented on crimes' impact on victims' family. Jury sentenced Def to death.

• 4/16/90: TN Sup Ct aff'd sentence, Fones, J: grandmother's testimony, State's closing argument re crimes' impact on victims' family not violations of 8th Amdt. 6/27/91: USSC aff'd (6-3), Rehnquist, ChJ: 8th Amdt did not bar capital sentencing jury from considering victim impact evidence; stare decisis does not require ct to follow precedent when governing decisions unworkable/badly reasoned. Marshall, J (Blackmun, J) diss: victim impact evidence creates unacceptable risks of arbitrary sentencing; prejudicial effect outweighs probative value. Stevens, J (Blackmun, J) diss: victim impact evidence does not pass 8th Amdt scrutiny: aspects of victim's character irrelevant, not foreseeable to Def at time of crime; quantity/quality of victim impact evidence not defined until after crime, cannot be applied consistently.

J Brooke Lathram, Memphis, TN

4/16/88: Babysitter awakened by child's screams, witnessed Def exiting 4 yr-old girl's bedroom. Child told babysitter Def engaged in sexual contact w/ her. Soon child repeated story to mother, police, nurse, doctor. Def indicted: aggravated sexual assault, residential burglary, unlawful restraint.

• 1989: At trial, Def objected to statements by babysitter, mother, police, nurse, doctor: hearsay, 6th Amdt confrontation. J overruled Def's objections: spontaneous declaration exception; exception for statements made in course of securing medical treatment (IL Rev Stat ch 38 para 115-13 (1989)). Child called as witness, did not testify. Jury convicted Def. 6/15/90: IL Ct of App, Steigmann, J, aff'd. IL Sup Ct denied review. 1/15/92: USSC aff'd (7-2), Rehnquist, ChJ: 1) Confrontation clause satisfied when testimony under spontaneous declaration, medical exam exceptions to hearsay rule has sufficient guarantees of reliability; statement offered in moment of excitement, w/out opportunity to reflect on consequences, may justifiably carry more weight than similar statement offered in relative calm of ctroom; statement made in course of medical exam, where declarant knows false statement may cause misdiagnosis, mistreatment, carries special guarantees of credibility; 2) requirement that hearsay testimony of child be permitted only on showing of necessity involved question of what in-ct procedures constitutionally required once child is testifying, does not apply to out-of-ct

Arleen C Anderson, Chicago, IL; amicus Stephen L Nightingale, Washington, DC

12/1/86: Pet-Aryan Brotherhood member escaped from DE correctional center, stole car, burglarized house, murdered woman, stole victim's car, money; arrested: 1st degree murder, other crimes.

• Super Ct jury convicted. At penalty h'g, DA read stipulation referring to Pet's association w/ Aryan Brotherhood; sentence: death. 1990: DE Sup Ct aff'd. 3/9/92: USSC vacated, remanded (8-1), Rehnquist, ChJ: 1) Pet's 1st, 14th Amdt rights violated; constitutional error to admit stipulation of Pet's membership in white racist prison gang where that evidence not relevant to any issue being decided at punishment phase; 2) on remand, DE Sup Ct to consider whether admission of Aryan Brotherhood evidence was harmless error. Pending.

Bernard J O'Donnell for Pet; Richard E Fairbanks, Jr for Resp; both Wilmington, DE

8/10/90: White Defs indicted: assaulting 2 African-Americans. DA moved to prohibit Defs from using peremptory challenges to remove black jurors.

• 1991: Kelley, J: denied DA's motion. 7/12/91: GA Sup Ct aff'd: distinguished (111 SCt 2077 (1991), PL-780/32.11): civil litigants not criminal Defs. 6/18/92: USSC rev'd, remanded (6-1-2), Blackmun, J: 1) equal protection clause prohibited Defs from exercising peremptory challenges in racially discriminatory manner; excluding jurors due to group bias undermines foundation of justice system; 2) Def's exercise of peremptory challenges was state action; Def's conduct deemed fairly attributable to gov't; 3) State had 3rd party standing; it suffers concrete injury when fairness, integrity of judicial process undermined; 4) prohibition of discriminatory exercise of peremptory challenges does not violate Def's rights to fair trial, counsel, atty/client privilege, trial by impartial jury. O'Connor, Scalia, JJ, diss.

Harrison W Kohler, Atlanta, GA; amicus Michael R Dreeben, Washington, DC

6/21/90: Def, other juveniles burned cross inside fenced yard of African-American family's home; arrested: bias-motivated disorderly

• 1990: Flinn, Ramsey Cty J, dism'd charge prior to trial: ordinance overbroad, content-based, violating 1st Amdt. 1/18/91: MN Sup Ct rev'd, Tomljanovich, J: ordinance not overbroad, fighting words unprotected by 1st Amdt; not content-based, but narrowly tailored to serve compelling gov't interest to protect community against bias-motivated threats to public safety/order. 6/22/92: USSC rev'd, remanded (5-3-1), Scalia, J: ordinance unconstitutional prohibition on subject matter of speech. White, J (Blackmun, O'Connor, Stevens, JJ) conc: ordinance overbroad extension to protected speech. Blackmun, J: no 1st Amdt values would be compromised by law "prohibit hoodlums from driving minorities out of their homes by burning crosses on their lawns. ... great harm in preventing the people ... from specifically punishing the race-based fighting words that so prejudice their community."

Tom Foley-Cty Atty, Steven C DeCoster-Asst Cty Atty; amici: Steven W Zachary, NAACP; all St Paul, MN; Jeffrey D Sineusky, Stephen M Freeman, Michael A Sandberg, NY, NY; Mark S Weitz, Timothy R Meyerson, Lawrence P Schaefer, Leonard, Street & Deinard for Anti-Defamation League of B'Nai B'rith; Robert J Alfton-City Atty, Mitchell Lewis Rothman-Deputy City Atty, all Minneapolis, MN

10/7/89: Def, other young black men beat white boy severely, stole shoes, arrested: aggravated battery.

• 1990: Jury convicted Def: intentionally selected victim due to race, increased maximum penalty from 2-7 yrs, WI Stat §939.645(1)(b). Breitenbach, J, sentenced Def: 4 yrs. 1991: WI Ct of App aff'd: rejected Def's claims that §939.645 violated 1st Amdt, void for vagueness; Def waived 14th Amdt claim. 1992: WI Sup Ct rev'd: §939.645(1)(b) violates 1st Amdt, punishes what legislature deems offensive thought; overbroad. 6/11/93: USSC rev'd (9-0), Rehnquist, ChJ: 1) §939.645 penalty enhancement provision did not violate Def's free speech rights; physical assault is not expressive conduct; Def's motive for committing crime, as opposed to Def's abstract beliefs, is factor judges consider in sentencing; statute aimed at unprotected conduct, not speech; 2) statute not overbroad; prospect of citizen suppressing bigoted beliefs for fear evidence of beliefs will be introduced against him at trial if he commits crime is too speculative; 1st Amdt does not prohibit evidentiary use of speech to establish elements of crime, prove motive, intent.

James Doyle, Madison, WI; amici for Pl: Anti-Defamation League, 1100 Connecticut Ave NW, Ste 1020, 20036; Cong Charles E Schumer; Michael R Dreeben; all Washington, DC; Lawyers Comm for Civil Rights Under Law; Lynn S Adelman, Milwaukee, WI for Def

3/86: Def-19 yr-old robbed convenience store, killed employee. 4/86: Def arrested: capital murder (TX Pen C §§19.02(a)(1), 19.03(a)(2) (1989)).

• 1987: After trial, jury convicted Def. During sentencing, Def's father, other witnesses testified to Def's violent tendencies; DA submitted 2 special issues to jury. Jury answered yes to both. Dulaney, J: sentenced Def: death (TX Pen C §37.071(e) (1981). 1989: TX Ct of Crim App aff'd. 6/24/93: USSC aff'd (5-4), Kennedy, J: jury instruction on future dangerousness based on probability of violence allowed adequate consideration of Def's youth; 8th Amdt requirements satisfied: mitigating evidence w/in effective reach of sentencer; no additional instruction required. O'Connor, J (Blackmun, Stevens, Souter, JJ) diss: death sentence cannot be upheld unless jurors able to consider fully Def's mitigating evidence; emotional, mental immaturity of young people may cause them to respond to events as adult would not; should vacate sentence, remand for resentencing: jurors could not give effect to this aspect of Def's youth.

Michael E Tigar, Austin, TX

Spring/79: 193 anti-nuclear protesters climbed fence at Trojan Nuclear Power Plant, occupied site 4 days; arrested: criminal trespass (ORS 156.620). Defs submitted memo seeking: additional peremptory challenges, choice of evils defense: activities protected by 1st Amdt.

• 6/79: Ct allowed all voir dire questions, excluded evidence re necessity defense, 1st Amdt; jury convicted Defs.

Michael E Rose, Doreen Nepom, Edward Jones, S Lynn Parkinson, Ronald A Fontana, Jane Van Dyke, John Bergland, James P Cunningham, Steven Gorham

(Groton Ct)

12/13/80: Def-former seminarian, Vietnam vet entered Gen'l Dynamics Electric Boat Shipyard during launch ceremony, rammed Trident sub w/ security van, denting rudder; arrested: criminal mischief, trespass.

• 1981: After pro se defense, jury convicted; sentence: 1 yr. Def served time.

rev'd 472 A2d 1099 (PA Super Ct 1984); rev'd 501 A2d 226 (PA Sup Ct 1985); remanded en banc 535 A2d 91 (PA Super Ct 1987); all app den 557 A2d 341 (PA Sup Ct 1989); cert den 110 SCt 219 (1989)

9/9/81: 8 Defs hammered, poured blood on hydrogen bomb missile components being manufactured for use by U.S. Gov't at Gen'l Electric's King of Prussia plant; arrested: burglary, criminal conspiracy.

• Salus, J: refused to present instructions to jury on Defs' state of mind based on duty under int'l law; jury convicted; sentences: 5-10 yrs. Defs' appeal brief argued: 1) manufacture, deployment of hydrogen bomb, nuclear missiles violate custom, treaty provisions of int'l law, Nuremberg Principles, constitute crime of state; 2) when such crimes committed, int'l law of war imposes individual criminal responsibility on civilian manufacturers who carry out official policy, correlative duty to impede such manufacture where reasonable to do so. 2/17/84: Super Ct did not deal w/ int'l law, rev'd due to trial error: refusal to allow expert testimony on necessity defense. Spaeth, J, conc: "No peril even approaches ... the peril of nuclear war ... It extends ... to our survival as a species ... e are not entitled to hold, `as a matter of law,' ... that a jury could not find that our situation is as desperate as appellants offered to prove, and ... could not go on to decide that appellants' conduct, however unlikely of success, represented a reasonable response." 12/85: PA Sup Ct rev'd reversal, aff'd convictions; did not allow necessity defense, testimony by experts on nuclear danger; upheld trial ct (w/ 3 dissents) in excluding public from voir dire questioning of prospective jurors, in method of conducting voir

Thomas Colas Carroll; Peter Goldberger, The Ben Franklin Ste 400, Chestnut St at 9th, 19107; both Philadelphia, PA; Charles A Glackin, Jenkintown, PA; Richard Falk, Princeton, NJ; Ramsey Clark, 36 E 12th St, NY, NY 10003; Michael C Shields, Norristown, PA

See PL-282/23.8; PL-230/23.5; PL-276/23.12; PL-159/23.11; PL-277/23.13; PL-250/23.15; PL-280/28.1; PL-281/28.3; PL-46/23.4; PL-11/28.15; PL-233/28.6

12/9/81: Police officer stopped Def's brother for traffic violation; Def-journalist, former Black Panther witnessed beating, tried to intercede, struggle ensued: police officer fatally shot, Def shot in stomach. Def, eyewitnesses reported third party fired shots. Police beat Def at scene, arrested: murder.

• 1982: At trial, Def denied pro se defense; prosecution excused 12 African-Americans on jury panel, final jury included 2 African-Americans (Philadelphia 40% African-American). Prosecution never produced gun that killed officer, asserted Def had pistol registered in his name that could have been weapon used. 7/3/82: Jury convicted Def. 7/4/82: At sentencing h'g, DA informed jury they were not being "asked to kill anyone" because Def would have numerous appeals, claimed Def's membership in Black Panther Party showed he was committed cop-killer. Jury recommended death penalty. 5/25/83: Sabo, J, sentenced Def: death in electric chair. On appeal, Def argued: denial of impartial jury, counsel of choice; prosecutor allowed to slander Def's character witness ("friend of cop-killers"). 3/6/89: PA Sup Ct, Zappala, J, aff'd sentence. 10/1/90: USSC denied cert (8-1); Marshall, J, diss. 11/26/90: USSC denied petition for reh'g. 6/10/91: USSC denied motion for leave to file second petition for reh'g. Def remains on death row.

Rachel Wolkenstein, Partisan Defense Comm, PO Box 99, Canal St Station, NY, NY 10013; Leonard Weinglass; Steven Hawkins, NAACP Legal Defense Fund

(Groton Ct)

7/4/82: 9 Defs entered Gen'l Dynamics Electric Boat Shipyard; 4 boarded Trident USS Florida, damaged missile hatches, poured blood, spraypainted "USS Auschwitz"; 5 others entered storage yard, damaged 2 Trident sonar spheres; arrested: criminal mischief, trespass, conspiracy.

• J denied justification defense, expert testimony. Jury convicted on all charges. Sentences: up to 1 yr jail, $1387 restitution. All Defs served time; 1 paid restitution, 8 served extra time instead.

(Groton Ct)

11/14/82: 7 Defs entered Gen'l Dynamics Electric Boat Shipyard, hammered, poured blood on Trident missile hatches, components; arrested: criminal mischief, conspiracy, trespass.

• 1983: J denied justification defense; jury convicted; sentences: 2 mths-1 yr; Defs served time.

(Hennepin Cty Dist Ct 1982-88)

11/82-9/88: Tens of thousands demonstrated against Honeywell Corp military production; police arrested 1,880, including wife of Police Chief Bouza; typical charges: trespass, resisting arrest.

• 11/82-9/88: Dist Ct judges dism'd charges against 50 trial groups before trial: technical deficiencies in DA's cases (eg, 8 Defs arrested 11/85 had charges dism'd 9/16/86: DA could not prove arrestees were same people as identified because 2 sets of police involved but only 1 set of officers' names supplied; 6 Good Friday '86 Defs' charges dism'd when arresting officer in hospital, unable to testify). After 85 jury trials of numerous protesters: 16 juries acquitted, 69 juries convicted. Typical sentences: 2 days jail, $50 fine, 1 day community service.

Honeywell Project

See PL-28/35.1; PL-316/28.12; PL-317/66.1

3/22/83: Demonstration held to protest "white train" in Bangor, WA. 5 arrested: trying to block train (misdemeanor). 2 Defs appeared pro se. Defs' brief argued actions justified by binding principles of int'l law, Kellogg-Briand Pact, Nuremberg Principles, (PL-370/2.1), Hague Conventions, (PL-90/2.7, PL-553/50.1), (PL-62/65.1, PL-62a/65.2), UN Res 3168, 1653, 2373.

• Phillips, J: denied int'l law defense; permitted expert testimony on

John Midgley, Robert Adelman

See PL-77/25.5; PL-119/25.2

9/27/83: 5 members of Puget Sound Women's Peace Camp impersonated Boeing employees, entered Boeing Cruise Missile Production Facility in Kent, WA, to talk w/ workers; arrested: 1st degree criminal trespass.

• Trial J denied int'l law, necessity defenses. Jury convicted; sentences: 16 days. 3 Defs served time, other 2 agreed to pay ct costs, do community service.

Lynn Greiner, Rachel Levy, Kristin Delaney, Cynthia Nelson, pro se

10/83: Defs planned to block traffic outside Dupont Co's Savannah River plant, protesting proposed manufacture of cruise missile parts. U.S. Atty obtained injunction against demonstrations from fed'l ct; Defs got injunction lifted. 10/24/83: Demonstrators tried to prevent people from going to work; 100 arrested: impeding traffic. Defs agreed to stipulation on what prosecution witnesses (police) would testify to in return for no state efforts to exclude testimony by Defs, experts, jury instructions on necessity, 1st Amdt.

• After hearing 2 days of defense expert testimony, jury convicted.

Robert L Hallman

4/83: 9 Defs blocked entrances of Honeywell's int'l headquarters in protest of Honeywell's research, development, production of nuclear weapons systems; arrested: trespass.

• J ruled Defs could offer evidence re reasons for trespassing under state stat. 6/13/83: Jury acquitted. Dist Ct rev'd. 8/3/84: MN Sup Ct, Todd, SJ: unanimously reinstated trial ct order, remanded. On retrial, all Defs appeared pro se; convicted.

John Brechon, Scott Carpenter, Mark Wernick, 2520 Park Ave; Michael C Hickey, Robert D Metcalf, Maurice U Lazarus, 1660 Hwy 100 S; all Minneapolis, MN

6/2/79: 9 Defs-reporters entered site of proposed nuclear power plant during Sunbelt Alliance demonstrations; 9 Defs, 339 others arrested: entry w/out permission (21 OS 1981 §1935(a)). Defs filed motion to dismiss: 1st Amdt freedom of press.

• 1/15/80: After bench trial, Ct denied motion to dismiss: utility's nuclear activities considered state action because of Gov't entanglements, subsidies; 1st Amdt applies; press had no special right of access to crime scenes under 1st Amdt; convicted Defs. 5/21/80: Sentences: $25 fine, $27 costs each. 6/22/83: OK Ct of Crim App aff'd (2-1), Brett, J, diss: criminal trespass stat violates free press clause.

Robert Hager, E Barrett Prettyman; expert witness: Dr Amory Lovins (Gov't subsidies to nuclear industry); amici: ACLU; Harvard Civil Rights-Civil Liberties Comm

6/20/83: Massive demonstration against nuclear weapons development at Livermore Nuclear Weapons Lab; 21 Defs among 1,000 arrested: obstruction of roadway (Pen C §§647c, 148.9). Def's pretrial brief sought discovery, extensive voir dire; trial brief argued Defs' fundamental right to present defenses, actions protected by 1st, 14th Amdts; CA Const Art I, §§1, 3, 5; (PL-370/2.1), Nuremberg Principles. 5 churches filed amicus briefs on Defs' freedom to exercise religion.

• DA dropped charges against 11 Defs, 1 pleaded nolo. 1/84: At trial, J heard Defs' expert witness, did not permit testimony to go to jury; after 5 days' deliberation, jury convicted 9; sentences: 8-10 days served before arraignment.

Joanne F Casey, Warren B Wilson, Priscilla Camp, Ann Fagan Ginger

During demonstrations by nuclear protesters at Gen'l Dynamics, U.S. Navy Sub Base, Ballast Point, San Diego, 4 Defs arrested: trespass, obstruction of street/sidewalk (Pen C §§602(n), 647(c)).

• In J refused jury instruction on necessity defense. In J gave necessity instruction to jury. Both refused jury instructions on int'l law, Nuremberg Charter. In after conviction, J equated Defs' action w/ felonious theft of Gen'l Dynamics' possession, police services, ct's time; sentences: 6 mths jail, 45 days suspended for 2 Defs, 1 day suspended for Phipps. 2 trials consolidated on appeal. 9/21/84: App Dept aff'd all convictions: 1) in J correctly refused necessity instruction; in J erred in giving instruction; 2) no duty existed to give instruction on int'l law. remanded for resentencing, due to trial J's improper standard for sentencing.

Diane C Campbell, Allen R Bloom

10/3/83: Group entered Gen'l Dynamics' Electric Boat Division, spraypainted Trident II missile tubes to protest nuclear war; 3 arrested: trespass, malicious injury to property.

• 1/84: Trial J denied necessity defense, charge that jury could reach own conclusion despite ct's instructions. J: 1 Def in contempt; jury

7/24/84: 38 attempted to block "white train" transporting nuclear warhead components through Vancouver, WA; arrested: obstructing train (RCW 81.48.020).

• 9/84: Ct denied necessity defense, int'l law; gave jury instructions. Jury convicted Defs; sentences: different fines.

William D Robison, Morse & Brat, Ste 400 Arts Bldg, 1104 Main St, Vancouver, WA 98666; Aver, Glick & Powell

(Cty Ct)

10/1/84: 5 entered Electric Boat Quonset Point facility, N Kingston, damaged Trident II missile tubes w/ hammers, blood, unfurled banner, posted "Call to Conscience" condemning Trident weapons under int'l, religious law; arrested: possession of burglary tools, malicious damage to property, criminal trespass.

• During jury trial, Defs' expert witnesses qualified; J disallowed their testimony, justification defense. Defs pleaded guilty to malicious damage; prosecution dropped burglary tools charge; J dism'd trespassing charge. 10/18/85: Defs sentenced: 1 yr, $500 fine. Defs served time.

4/24/85: State U of NY (SUNY) students staged sit-in at Central Admr Business Office to protest U.S. rejection of divestiture from cos operating in S Africa; arrested: 3d degree criminal trespass (NYPL 140.05). Defs filed pretrial motions raising defenses of justification, int'l law ( PL-370/2.1), Nuremberg Principles, 1st Amdt.

• 8/15/85: J denied expert testimony on apartheid, NY legislator on role of protests, demonstrations in shaping public policy. J convicted Defs; ordered: $250 each, not participate in "unlawful demonstration" for 1 yr.

Mark S Mishler

6/29/85: 3 Defs entered Athens IRS office "authorized personnel only" area to publicize U.S. funding of Nicaraguan contras; arrested: criminal trespass (ORC 2911.21(A)(4)). Defs' memo in opposition to state's motion in limine argued: actions justified under Nuremberg Principles, int'l law, 1st Amdt, necessity defense (ORC 2901.01(L)).

• J permitted 2 expert witnesses to testify outside jury's hearing on necessity defense, int'l law; held experts' testimony insufficient, would not permit jury to hear; rejected int'l law defense; included jury

Richard R Renner, Jonathan Sowash, Athens, OH; Betty Elliott, Richard Moser, pro se

7/16/78: After scuffle in store w/ 27 police officers, Def fired once, killed police officer; Def surrendered; charged: conspiracy to commit murder (see PL-106/25.15).

• Placer Cty jury convicted Def; sentence: death. 12/31/85: CA Sup Ct rev'd, ordered resentencing. 10/4/90: Super Ct resentenced: 10 yrs probation.

J Tony Serra, 473 Jackson St, 94111; Jasper Monti, 629 Bryant St, 94107; both San Francisco, CA

See PL-106/25.15, PL-106b/29.1

6/20/83: Defs arrested at demonstration against nuclear weapons development at Lawrence Livermore Lab: obstructing roadway.

• 12/5/83: Defs filed extensive Memorandum of Points and Authorities in Support of Right to Present Evidence of Int'l Law; brief argued right to assert necessity defense. Muni Ct J granted Defs' motion for representative trial of 11, other 220 Defs to be bound by outcome; rejected necessity defense, Defs offered no defense; 12/8/83: Jury convicted Defs. 1/17/85: Alameda Cty Super Ct-App Dept upheld convictions. 4/26/85: CA Sup Ct denied h'g (6-1). 10/24/85: Defs filed petition for writ of habeas corpus in U.S. DC (ND CA). 11/7/85: Patel, DJ: issued order to show cause. 2/12/86: convictions aff'd. All Defs served sentences based on decision against 11 Defs tried.

Leonard Post, Alan Ramo, Andrew M Lichterman

4/15/85: 2 Defs participated in 1-hour demonstration outside front door of Remco Hydraulics in Willits, CA, distributed leaflets, spoke w/ employees on Co's involvement in nuclear arms race, carried sign: "We are all chained to nuclear weapons bought by our tax dollars"; arrested: misdemeanor trespass (Pen C 602(j)). 10/17/85: Defs filed pretrial memo outlining right to present all relevant defenses: necessity, int'l law including Nuremberg Principles, (PL-370/2.1), int'l treaties, conventions, resolutions signed by U.S. Gov't, 1st Amdt, self defense; defense of others, defense of property.

• 2/27/86: In pretrial chambers meeting, Defs pleaded nolo to reduced trespass charge; sentences: 24 hours community service.

Norman Rosen Vogel

11/10/83: Def in large demonstration against nuclear weapons production at Gen'l Dynamics Corp, Clayton, MO; arrested: 1st degree trespass (§569.140 RSM 1978).

• 12/3/84: J denied necessity defense; jury convicted; sentence: 3½ mths jail. 3/11/86: DCA unanimously aff'd: Def failed to prove imminence of threat, lack of available alternative remedy.

4/18/85: 6 Defs entered Gen'l Dynamics Electric Boat Shipyard at Quonset Point, N Kingston, RI, hammered, poured blood on 3 Trident II (D-5) nuclear missile tubes; arrested: felony possession of burglary tools, misdemeanor trespass, malicious damage to property.

• 8/13/85: At pretrial conference, Defs refused to plea bargain 2 yrs probation, restitution in exchange for nolo plea. J denied justification defense; jury convicted on all charges. 3/31/86: Sentences: 3 yrs, suspended after 1 yr, 2 yrs probation.

Amy Tabor

(Hayward Ct)

8/14/85: Def damaged Extra Low Frequency (ELF) pole by sawing 2 deep notches; arrested: criminal property damage.

• 9/30/85: Jury convicted Def. 10/29/85: Sentence: 5 mths jail, 3 yrs suspended, 3 yrs probation, $4,775 restitution. 4/86: Def began serving time: refused to pay restitution for reasons of conscience. 9/86: Ct of App aff'd; Def served 3 yrs.

2/86: 5 arrested: trying to block "white train" carrying nuclear warheads from Pantex plant (Amarillo, TX) to sub base (Charleston, SC).

• 6/86: Defs found guilty. J offered sentences: 2 mths jail, $1000 fine; Defs refused. Sentences: 1 yr. Defs served time.

3/28/86 (Good Friday): Def entered Remco Hydraulics, poured own blood on plaque from Martin Marietta acknowledging Remco's contribution to MX missile manufacture; arrested: trespass, vandalism.

• 6/5/86: In bench trial, J denied necessity defense, expert testimony

Joel Coble

(Denver Cty Ct)

9/27/85: Nun, 2 other Defs entered Martin Marietta plant; unable to reach MX production areas, poured blood on windows, placed banner; arrested: felony burglary (dropped), criminal mischief (upgraded to felony). Defs imprisoned 1 mth, released on own recognizance.

• 3/5/86: During trial, J denied justification defense; jury convicted. 5/1/86: Sentences: 2 mths prison. Defs served time.

9/86: Def-professor emeritus, senior lecturer, MA Institute of Technology, arrested w/ 149 other protestors at NV Test Site: trespass.

• 9/25/86: Sullivan, J: convicted Def after bench trial. Sentence: $150 or 6 days jail.

Lisa Peattie, pro se

See PL-203/28.11; PL-204/25.8; PL-205/25.8; PL-206/26.1

10/22-23/85: Students at U of MI protested CIA recruiting on campus by occupying hallway, stairs outside Placement Office; refused to leave premises after warning; Defs arrested: trespass (MSA 28.820). 1/21/86: Defs' motion to dismiss: since Defs arrested during regular business hours on publicly-owned property, trespass stat unconstitutionally vague, overbroad, prior restraint on 1st Amdt freedoms.

• J denied necessity defense; Defs convicted. Cir Ct aff'd.

Molly H Reno, Nancy Francis

3/3/86: 4 Defs obstructed traffic protesting Pres Reagan's requested $100 million aid to Nicaraguan contras; arrested: disorderly conduct (Pen Law §240.20). Defs' filed Pretrial Omnibus Motion defenses of justification, int'l law (OAS, PL-370/2.1), 1st Amdt.

• 4/86: In bench trial, J denied expert testimony. J acquitted 2 Defs: police/witnesses failed to identify which Def did what; convicted 2 Defs: fined $200 each; refused to pay fine; resentenced: 15 days jail.

Mark S Mishler

12/22/84: White Def shot, wounded 4 African-American youths, two in back, on Manhattan subway train w/ hollow "dum dum" bullets; Cabey permanently paralyzed. Def confessed.

• NY Cty Grand Jury indicted Def: gun possession. 1985: Cabey sued Def for $50 million damages: bodily injury. 1985: Grand Jury re-indicted Def: 4 counts of attempted murder. 6/87: Jury acquitted Def on all but gun possession charge; sentence: 1 yr.

See PL-667a/39.1

1986: Def-Indian student led anti-apartheid activity at Dartmouth; participated in protests. U withheld degree as punishment. 6/86: Def attended commencement; arrested: disorderly conduct, resisting arrest.

• 8/86: At trial, Def claimed 1st Amdt right to attend exercises, denied resisting. Boswell, J: Def not guilty of disorderly conduct, guilty of resisting; sentence: 7 days jail, $250 fine; raised bail on appeal from $500 to $2,000. 8/21/86: Dartmouth Comm on Standards: Def guilty of disorderly conduct, not guilty of resisting, stipulated no degree until 6/87, banned from campus except for purely academic reasons.

Anti-Apartheid Defense Fund

1986: Def participated in anti-apartheid rallies at U of CA, arrested: battery on police, resisting arrest, malicious mischief, 14 other counts.

• 12/12/86: Greenburg, J: granted Def's discovery motion of U Police complaint files. Police did not comply. 2/20/87: Def moved for dismissal based on police failure. J dism'd 16 counts; Def pleaded to malicious mischief, $250 fine.

Linda Fullerton, 145 Park Place, Pt Richmond, CA 94801

5/18/87: Pledge of Resistance, Spokane Peace & Justice Action League sponsored direct action to protest 50,000 U.S. troops in "war games" in Honduras. 100 walked to Navy recruiting station; it closed; demonstrators held vigil at Air Force recruiting station; it closed; 14 occupied Marine Corps office; city police arrested 14: 1st degree criminal trespass (RCW 9A.52.070, 9A.52.010(3)). 9/15/87: Defs submitted trial brief seeking admission of evidence to negate criminal intent based on

• 1987: Madden, J: rejected Defs' expert witnesses; convicted all Defs.

Lewis M Wilson, James Sheehan, George Caplan

8/6/86: Defs protested Sperry Corp's manufacture of nuclear components for Trident sub; arrested: trespass (140.05 Pen Law). Defs' memo argued justification (Pen Law 35.05(2)), 1st, 14th Amdts' freedom of speech/religion.

• 2/5/87: Bench trial, Alpert, J: rejected defenses of justification (Pen Law 35.05(2)), freedoms of speech/religion: rights of property owner not outweighed by interest of trespasser; Defs failed to establish: emergency; action had reasonable certainty of success; convicted.

Robert Boehm, 500 5th Ave, NY, NY 10036

1/87: 186 protested at Cape Canaveral, including 77 yr-old CA woman atty who climbed, w/out detection, to 13th story of active Titan launch tower, Navy Trident II D-5, during testing program; announced action. Cty police arrested 186 under admr decision by U.S. Air Force/Cty that Cty process such cases (formerly handled by fed'l authorities).

• At trial, Defs called expert witness Prof Francis Boyle on int'l law defenses. J convicted, sentenced Def to 6 mths; released after 4 mths.

See PL-363/28.12

2/5/87: Demonstration against nuclear weapons tests at NV Test Site; Def arrested w/ 430 others: criminal trespass (NRS 207.200(1)).

• 4/9/87: Sullivan, J: granted DA's motion in limine to bar defenses of duress, necessity, choice of evils, 1st Amdt; bench trial: J upheld DA's repeated objections on this basis; convicted Def; sentence: $150 fine.

John Morearty, 2906 Carpenter Rd, Stockton, CA 95205

See PL-202/28.9; PL-204/25.8; PL-205/25.8; PL-206/26.1

1/87: 200 arrested at Trident protest at Cape Canaveral: trespass.

• 1987: Jury convicted 3 Defs. Budnick, J: passed sentence, including requirement for Defs to develop "People-to-People" peace plan spurring dialogue between U.S./USSR citizens.

10/28/87: 90 protesters closed Lockheed, Santa Cruz, for 2½ days; arrested: failure to yield to vehicular traffic. Defs raised crime prevention/int'l law defense, filed brief based on (PL-222/25.11).

• 12/11/87: McAdams, J: necessity defense requirement of "no adequate alternative" not met; convicted Defs.

Defs pro se, assisted by John Burroughs, 145 A St, Pt Reyes Station, CA; amici: Robert Aldridge, aerospace engineer; Prof Frank Newman

5/8/88 (Mother's Day): 78-, 77-yr old, 3 younger women demonstrated at Cape Canaveral Missile Test Range; arrested: misdemeanor trespass.

• 6/30/88: Haddad, J: denied int'l law, necessity defenses; convicted Defs; sentences: 4 to 9 mths; 1 to 1 yr due to previous trespass conviction. 9/88: Security Co sought $32,000 restitution for arrest costs; denied. Defs served 5½ mths.

Burton Greene, ACLU, PO Box 320087, Coco Beach, FL 32932-0087 in restitution h'g

3/4, 3/23, 4/18/88: Defs-Knolls Action Project members requested meeting with manager of Knolls Atomic Power Lab (KAPL); refused. 4/22/88: Defs entered KAPL premises; arrested: trespass. Defs, DA agreed: Defs admitted trespass, DA did not object to justification (NY Pen C §35.05), int'l law defenses.

• In bench trial, Peter Weiss, CCR, gave expert testimony on int'l law; J convicted.

Connie Mayer

Spring/87: Hundreds demonstrated at Honeywell Corp against military weapons production; many arrested: trespass. Defs sought to present necessity, Nuremberg Principles, technical defenses (speedy trial); some sought representative trials.

• 4/21/88: Jury convicted 5. J sentenced: 4 to 2 days, regardless of past arrest/conviction records; 1 requested community service, sentenced to 21 hrs. 5/5/88: 7 Defs representing larger group came to trial after several postponements making it impractical to present expert witnesses; 7 pleaded guilty; Burke, J: sentenced 7+ trial group to 1 day optional community service. 5/9/88: 4 Defs appeared for representative trial of 25; Lang, J, dism'd: violation of right to speedy trial.

Honeywell Project

See PL-28/35.1; PL-54/28.3; PL-317/66.1

1987: 2 protested Trident I nuclear missile test on Kennedy Space Center property; arrested: criminal trespass (§810.09 FL Stats (1985)). DA, Def filed motions in limine.

• 1987: At trial, J granted State motion denying Defs' right to present Nuremberg defense: right under int'l law to act to prevent commission of war crime, crime against humanity. Defs pleaded nolo, appealed. 2/25/88: DCA aff'd, answering certified question: int'l law not paramount to FL criminal law, does not provide valid legal defense to violation of state criminal law.

Dan & Val Jonas, Sharon A Jacobs, 220 71st St Ste 210, Miami Beach, FL 33141

7/14/88: Def, 100 others entered vacant home owned by U of TX-Austin. Def, 2 other homeless men remained overnight; arrested: criminal trespass. 1989: Def's pretrial memo raised necessity defense (TX Pen C §9.22): Def's conduct being politically, morally motivated does not negate defense; Def sought to avoid harm of homelessness, influence Gov't housing policy, prevent planned destruction of 26 U-owned homes, influence U to provide low income housing as promised.

• Kennedy, J: did not allow necessity defense, expert testimony on lack of shelter in Austin. Jury convicted. No appeal.

Rick Levy, 1405 W 6th St, 78703; Julie Howell, 702 San Antonio Ste 201, 78701; Elizabeth A Crabbe, 2400 NCNB Tower, 515 Congress Ave, 78767; all Austin, TX

12/29/84: Def knelt on White House tourist path to protest nuclear weapons policy, refused to move; arrested: unlawful entry. Def requested voir dire questions: whether potential jurors had relative, close friend in gov't agency, firm involved w/ nuclear weapons; raised 1st Amdt free speech.

• Beauden, Super Ct J: changed voir dire question to one about protests in general; jury convicted. 10/31/89: DC Ct of App aff'd, Terry, J: Def's 1st Amdt right not violated, his action did not communicate protest; changed voir dire question did not prejudice Def.

Nina Kraut, Washington, DC

10/4/86: 4 Defs attempted to discuss U.S. foreign policy re Nicaragua w/ sergeant at U.S. Armed Forces Recruitment Center, New Haven. Police ordered Defs to move; Defs refused; arrested: criminal trespass (CT GS 53a-107).

• Trial J denied Defs' motions in limine: for permission to present necessity, int'l law defenses; to charge jury on necessity defense. Jury convicted. On appeal, amici argued Defs' actions not merely justified by int'l law, manifestation of int'l law at work (Nuremberg Principles), should have been admitted; since issue involved possible conflict that could lead to nuclear holocaust, trial ct decision denying Defs' necessity defense should be subjected to "more exacting judicial scrutiny," as in n4, 304 US 144, 152 (1937). 5/2/89: App Ct aff'd.

Defs pro se at trial; Elizabeth A Curry, Susan Meredith on appeal; amici Anne Simon, Peter Weiss, CCR, Lawyers Comm on Nuclear Policy

7/7/89: 10 people occupied Sacramento BIA Office protesting Big Mountain relocation policy (Hopi & Navajo Tribes Land Act, 25 USC §640d), remained past office hours. Def arrested: disorderly conduct.

• 10/8/89: Magis allowed defense testimony based on 1st Amdt, (PL-364/2.1, 78 UNTS 277 (1948)), (PL-365/50.5, 18 USC §§1091-3), Nuremberg Principles, 1980 4th Russell Tribunal on Rights of Indians of Americas. Magis convicted Def; sentence: $50 or 16 hrs community service.

Paul Bloom, pro se, Big Mountain Support Group, 720 E 20th St #1, Oakland, CA 94606

See PL-294/34.3; PL-133/43.8

1988: Defs-Klansmen arrested: aiding/abetting murder of black man. 2/88: During jury selection, Def's atty used peremptory challenges to strike blacks from jury. Prosecution filed petition for writ of mandamus, alleging violation of 14th Amdt equal protection, citing 476 US 79 (1986).

• 6/28/88: AL Ct of Cr App denied writ. AL, 45 other states sought cert. 1/9/89: USSC denied cert.

Edward Carnes, AL Asst Atty Gen'l

12 Defs stood in driveway of Williams Int'l Corp-cruise missile engine designer, manufacturer; arrested: molesting/disturbing persons in peaceable pursuit of lawful occupation. 3/14/89: Ramsey Clark, former U.S. Atty Gen'l, gave expert testimony that planning, preparation of weapons by Corp violated int'l law, including 1907 Hague Conventions Art 2 (2), (3), Art 33 (PL-370/2.1), Nuremberg Principles,

• 3/89: Batchik, DJ: int'l law had no place in his ct; refused to permit jury to hear Clark's testimony. 1989: Jury found 12 Defs guilty.

William H Goodman, 3000 Cadillac Tower; Deborah A Choly, 1816 One Kennedy Sq; Kenneth M Mogill, 1930 One Kennedy Sq, all Detroit, MI 48226; Julie H Hurwitz, 1394 E Jefferson, Detroit, MI 48207; Peter Dougherty, pro se

557 NE2d 1380 (MA Sup Ct 1990)

7/14/83: Protest against nuclear weapons production at AVCO Corp in Wilmington, MA; 7 arrested: criminal trespass, destruction of property. 8/1/83: Defs filed pretrial brief arguing illegality of nuclear weapons under int'l law.

• J allowed expert testimony on necessity, imminent danger of nuclear war (including Daniel Ellsberg, Admiral Gene LaRocque); excluded testimony on emotional harm to public from threat of nuclear war; ruled jury could not consider necessity defense; jury convicted; sentence: up to 3½ mths jail. Super Ct aff'd, Viola, J: Defs did not establish necessity. 8/15/90: MA Sup Ct, O'Connor, J: aff'd trespass; rev'd destruction of property: incorrect charge. Liacos, ChJ, diss: Defs presented sufficient evidence to establish necessity.

John Schuchardt, pro se; Robert L Hernández, Boston, MA

9/1/87: Vietnam vet Willson, others, sat down on railroad tracks outside Concord Naval Weapons Station to protest shipment of weapons to Central America. Munitions train leaving base ran over Willson, causing loss of two legs. (See PL-234/41.2, PL-234a/30.8). 9/5/87: 10,000 gathered outside Weapons Station to protest maiming, U.S. involvement in Central America; several hundred began dismantling nearby RR tracks. Police on scene did not interfere. 2/22/88: Def charged: conspiracy to dismantle RR tracks, Pen C §182.1; felony vandalism, Pen C §549(B)(i). 3/1/88: Def only person arrested. After arrest, Contra Costa Cty DA Yancey told reporters he felt Def was "primarily responsible" for "mob scene", remarks published in newspaper. 3/10/88: Muni Ct imposed conditions on Def's release on own recognizance: 1) obey all laws; 2) banned from Concord Naval Weapons Station. 3/28/88: Def filed Motion to Reconsider Conditions, Motion to Demur. 4/8/88: Simon, J: denied motions. 8/31/88: Def petitioned Contra Costa Cty Super Ct for writ mandating Muni Ct to remove conditions, alleging Muni Ct abused discretion in denying writ. 9/10/88: Def moved to dismiss for selective prosecution, prosecutorial delay: complaint filed 5½ mths after demonstration, inhibited preparation of defense; to disqualify DA's office on ground Yancey's statements constituted conflict of interest making fair trial unlikely.

• 8/90: At trial, Def pleaded not guilty. Law, J: Def "reasonably good person" who should not face felony charges. Def changed plea from not guilty to nolo. 8/23/90: Law, J, sentenced: 500 hours community service, $500 fine, 3 yrs probation.

Linda Fullerton, 124 Washington Ave, Ste A, Pt Richmond, CA 94801

8/9/87: On anniversary of Nagasaki bombing, protesters attempted to block workers entering DoE-Rockwell Int'l nuclear weapons facility; 320 arrested. 8/20/87: 5 DAs met w/ 3 judges to discuss case w/out notifying defense attys. Defense learned of meeting through anonymous letter, moved to recuse judges.

• Goldberger, J: attended meeting, denied recusal motion. Jefferson Cty Dist Ct, Munch, J: remanded, instructed Goldberger to take additional facts into consideration; on remand, Goldberger recused himself. At jury trial, J denied expert testimony, evidence re int'l law, necessity, 1st Amdt defenses. Jury convicted 8 Defs; J sentenced 7: $96 costs, 8 days community service; 1: $45 costs, 4 days community service; 1 Def pleaded guilty, no sentence. 7/88: 4 Defs scheduled for trial. 11/13/90: CO Sup Ct aff'd (6-1), Erickson, J: Def's evidence insufficient as matter of law to support specific, definite imminent injury required for necessity defense. Quinn, J, diss: Def's evidence should have been submitted to jury; magnitude, probability of nuclear harm sufficiently imminent even though actual war not impending.

Eugene Deikman, 1700 Broadway Ste 702, Denver, CO 80290; Alan Dunn, 4800 Wadsworth Blvd #318, Wheatridge, CO 80033

8/9/89: 15 Defs leafleted re Lockheed's Trident II missiles to Sunnyvale employees on 43rd anniversary of Nagasaki bombing; ordered to leave, refused, arrested: trespass (CA Pen C §602(n)). 11 pleaded nolo.

• 6/29/90: Gurney, J: allowed Defs' expert witness Justice Frank Newman: Trident Missile (being developed for first-strike capabilities against USSR) is violation of int'l law. Defs testified intent to obey Nuremberg Principles. J instructed jury: disregard int'l law. Jury convicted Defs; sentences: 30 days suspended, 1 yr probation, $115.

Craig A Brandt, John Burroughs, Western States Legal Foundation, 1440 Broadway Ste 420, Oakland, CA 94612

11/14/89: Envirosafe Services of OH Inc, suburban hazardous waste dump, sought, received injunction to prevent Def's plan to demonstrate at Co. 11/15/89: Def carried out protest, police arrested 12: blocking entrance, disorderly conduct; 2 w/ resisting arrest.

• 12/15/89: Resnick, J: Defs guilty of contempt: violation of ct order.

2/2/90: 7 Defs sought to speak w/ Rep McGrath re El Salvador; refused to leave office until appointment scheduled; arrested: trespass.

• 9/5/90: At bench trial, Defs sought to present necessity defense, expert testimony on human rights violations by El Salvador Gov't. 9/90: Seybert, J: Defs not entitled to necessity defense: no real emergency; convicted Defs.

Douglas Colbert, Keri Gould, Community Legal Assistance Corp; Matthew Chachere, CCR, 666 Broadway, 7th Fl, NY, NY 10012

9/24/90: Def stood leafleting at supermarket entrance during boycott of Folgers' coffee; arrested: trespass, obstructing police officer. 10/11/90: During pretrial h'g, DA offered to drop obstructing charge if Def pleaded guilty to trespass; Def refused. Def moved to dismiss obstructing charge; DA dropped charge.

• Verema, J: denied evidence on Nuremberg Principles, int'l law, jury nullification, 1st Amdt freedom of speech including freedom to be heard. Def testified supermarket essentially public property. Jury convicted; sentence: $200. Def refused to pay fine; J changed sentence to 20 days Cty jail, to be served when space available. Def still not notified space available.

Richa, 448 Pleasant St SE, Grand Rapids, MI 44503, pro se

3/88: Coalition for Nuclear Free Harbor demonstrators climbed chain link fence surrounding U.S. Navy's homeport, Stapleton, Staten Island, during construction; police warned, arrested Defs: 3rd degree criminal trespass (Pen Law 140.10(a)). Defs filed motions to dismiss in interests of justice. Most demonstrators pleaded guilty; 3 did not.

• 12/19/88-1/24/89: In bench trial, Defs sought to present int'l law defense. McBrien, J: denied motion. In 2-day trial, Defs testified effectively re issues. McBrien, J: Defs guilty; sentences: $200-$500 fines, 1 yr, discharged on condition Defs avoid homeport. 1/17/91: aff'd: free speech, justification defenses w/out merit.

Defs pro se; Peter Weiss, Matthew Chachere, CCR, 666 Broadway, 7th Fl; Robert L Boehm, Lawyers Comm on Nuclear Policy, 225 Lafayette St; all NY, NY 10012

See PL-111/43.5; PL-150/48.3; PL-270/48.3; PL-271/48.4; PL-272/48.4; PL-273/48.4; PL-274/25.15

2/1/88: Def, Timothy Jacobs occupied local paper to dramatize official corruption, involvement in drug trade, plight of local blacks, Native Americans (see PL-367/20.3). 12/6/88: After acquittal by fed'l ct jury, NC authorities reindicted/arrested Def: 14 counts kidnapping. 12/9/88: Hobgood, J: reduced bond from $140,000 to $25,000, posted by Nat'l Council of Churches; Def fled state. 1/89: Def surrendered to Shoshone-Bannock Tribal Ct, Ft Hall Reservation, ID. Lohah, Tribal J: required extradition request; NC obtained fed'l warrant instead. 1/29/89: Brannon, J: appointed Public Defender for Def in NC. 2/89: Def fled ID reservation after threat of FBI capture. 3/10/89: Def denied asylum at Soviet consulate-San Francisco; arrested: interstate flight. 7/2/89: Gov't returned Def to Robeson Cty.

• 7/7/89: Brooks, J: allowed Def's outside counsel to aid public defender. 9/5/89: Farmer, J, rev'd: Def denied outside counsel, pro se defense, must proceed w/ public defender. 11/14/89: Lake, J: Def's atty in criminal contempt, had Def bound/gagged, removed from ct. 11/27/89: NC Sup Ct, Wichard, J: dism'd Def's mandamus petition. 1/18/90: NC Sup Ct, Wichard, J: vacated 7/7, 9/5/89 orders, remanded. 2/14/90: Def pleaded guilty; sentence: 18 yrs. 9/18/91: Def attacked, nearly killed by inmate who implicated prison staff. 10/20/92: Def refused to work in unsanitary conditions, placed in prison lock-up. 2/24/93: Def on hunger strike protesting maximum security conditions, third parole denial.

See PL-367/20.3; PL-367b/49.6

7/72: Def enlisted in U.S. Army, served 2 tours of duty in Vietnam, returned to U.S.; after assassinations of Malcolm X, ML King Jr, joined/became leader of Black Panther Party, named target of FBI's COINTELPRO efforts, arrested: murder. In Santa Monica, CA trial, Def asserted he was framed by FBI, Los Angeles police, DA; convicted. 6/91: Def filed 147-page petition w/ 300 pp of exhibits in San Francisco Super Ct to set aside conviction: evidence showed LAPD intimidation of witness who heard actual murderer discussing crime, previously unknown FBI wiretap showed Def in Oakland at time crime committed in Santa Monica; petition not filed in Los Angeles because it alleged misconduct by Richard Kalustian, DA at Def's trial, now sitting judge in Los Angeles, whose colleagues should not evaluate his credibility.

• 6/27/91: McCabe, J: issued order requiring state to show cause why Def should not be freed. Gov't requested case be transferred to Los Angeles. 7/1/91: McCabe, J: routinely transferred to another ct; new judge, Louie, J: granted Govt's order for transfer. 8/91: Klausner, Los Angeles Super Ct J: dism'd Def's petition. Appeal denied.

Robert Bloom, Berkeley, CA; Stuart Hanlon, San Francisco, CA

See PL-602a/49.8

(Rochester City Ct 1985); 585 NE2d 783 (NY Ct of App 1991)

5/85: Pres Reagan imposed embargo on Nicaragua. 11 Defs met w/ 2 U.S. Reps w/out incident. 5/7/85: Defs visited office of Rep Eckert, told Rep unavailable, refused to leave office; arrested: trespass (infraction). Defs raised necessity defense (NYPL 35.05): Eckert, conservative Republican close to Reagan, had power to affect policy.

• At bench trial, Valentino, J: denied expert witnesses on necessity defense; convicted; sentence: 1 yr probation. 12/19/91: Ct of App aff'd, Hancock, J: no basis for necessity defense. 1 Def died; appeal abated.

Irene Dymkar, 1135 Main St East, Rochester, NY 14609; Charles DiSalvo, WVU Law School, PO Box 6130, Morgantown, WV 26506

1979, 1983: Defs-36 members of Abenaki Nation fished on Missisquoi River w/out licenses to dramatize claims to ancestral land, aboriginal hunting/fishing rights, repatriation of archeological tribal remains, official gov't recognition; arrested; charges dropped. 10/19/87: Defs staged third "fish-in"; served w/ citations, ordered to appear 3/15/88 in VT Dist Ct, subject to $25 fine, barred from fishing for 1 yr.

• 8/11/89: Wolchik, J: dism'd charges against all but 6 Defs found not to be legitimate tribe members: 1) recognized Abenaki as tribe; 2) tribe retained aboriginal title permitting fishing w/out state licenses. 6/12/92: VT Sup Ct rev'd, remanded (5-0), Wood, J: aboriginal title extinguished by gradual series of historical events between 1763, 1971. On remand, charges against all but tribal protest leaders dropped.

Gabor Rona, Rubin, Rona, Kidney & Myer, Barre, VT; Neil Mickenberg, Mickenberg, Dunn, Sirotkin & Dorsch, 29 Pine St, PO Box 406, Burlington, VT 05401-0406; James A Dumont, Sessions, Keiner, Dumont, Barnes & Everitt, Middlebury, VT

10/20/90: 13 Defs blockaded gates to Westover AFB to protest Operation Desert Shield; arrested: trespass. Ryan, J: allowed in part Defs' pretrial motion to present evidence, expert witnesses on necessity; excluded evidence on effect of arms race/Persian Gulf War on U.S. poor.

• 5/91: At trial, Defs' expert witnesses testified on: imminence of war in Persian Gulf as of 10/90; destructive capability of weapons deployed in Gulf; threat to civilians; crimes against Arab-Americans since deployment of troops to Persian Gulf, history of necessity defense, civil disobedience. Ryan, J, granted DA's motion to strike necessity defense: Defs raised sufficient evidence on elements of imminence of threat, lack of effective legal means to abate threat, lack of clear legislative

Scott Schaeffer-Duffy, pro se, 52 Mason St, Worcester, MA 01610

10/20/86: Def, 15 others locked selves into office of Pres, U of TX-Austin, protesting U investment in S Africa. Defs filed motions: in limine, to consolidate trials, to dismiss, to recuse judge.

• 5/11-7/27/87: At jury trials, to prove defenses of necessity, int'l law, public duty under TX Pen C Defs proffered expert witnesses: State Sen Craig Washington; Themba Ntinga, Sec'y, Youth Section, African Nat'l Cong Mission to UN; Joshua Nessen, American Comm on Africa; Prof Francis Boyle, U of IL; Prof Thomas DeGregori, U of Houston; Prof Mike Tigar, U of TX; State Sen Gonzalo Barrientos. Taylor, J: denied all defenses, did not admit evidence, give jury instructions on defenses; denied recusal motion. After 1 week trial, jury convicted Defs; sentences: 3-5 mths jail, $200 fine. 9/27/89: TX DCA, Smith, J, aff'd. 2/28/90: TX Ct of Crim App granted petition for discretionary review. 5/19-26/93: Def's motion for reh'g on petition for discretionary relief denied.

Brian East, 1405 W 6th, 78703; Tom Kolker, 1006 E 1st, 78702; Willie Schmerler, 607 W 10th, 78701; Cynthia Biggers; NLG; all Austin, TX

See PL-296/46.3; PL-450/57.1

3/3/91: Defs-Los Angeles police officers severely beat Rodney King-parolee/black motorist, after freeway chase. Witness videotaped beating, sold tape to local TV station. Initial viewing caused social/political uproar, nat'l media coverage. 3/26/91: Defs arrested, charged: 1) assault w/ deadly weapon by force likely to cause great bodily injury; 2) officer unnecessarily assaulting/beating King. Defs Koon, Powell charged w/ submission of false police report; Def Koon charged w/ being accessory after the fact. Defs pleaded not guilty, filed motion to change venue.

• Kamins, J: denied motion. 6/12/91: App Ct granted Defs' motion for stay of trial, jury selection. 6/17/91: Kamins, J: wrote to App Ct indicating willingness to change venue. 6/18/91: Kamins, J: sent ex parte communication to DA's office assuring DA venue would be handled properly. 6/19/91: Kamins indicated trial would remain in Los Angeles. 7/15/91: Defs filed motion to disqualify Kamins for cause: 1) ex parte communications w/ DA's office; 2) disregard for law to expeditiously move case to trial; 3) allowing media to influence case management. 7/23/91: App Ct, Klein, PJ (Danielson, Croskey, Hinz, JJ): compelled trial ct to change venue. 8/21/91: App Ct (Klein, Danielson, Croskey, Hinz) disqualified Kamins, J: changed venue to Simi Valley, Ventura Cty (population 2% black;

See PL-851a/49.8

1/29/92: Def, other police officers, prompted by informant who allegedly bought drugs from victim's relative, conducted pre-dawn raid outside of jurisdiction; Def shot, killed 84-yr-old black, bedridden woman; found no drugs; filed no charges; Def arrested: negligent homicide. Def claimed automatic pistol fired accidentally.

• 8/92: Inquest jury deadlocked; Grand jury failed to indict: rejected negligent homicide argument. Cty Commr Andrew Melontree: "Blacks have been complacent far too long; we all have a vested interest; get involved."

Ernest Deckard, Pres, NAACP of Tyler, TX; Andrew Melontree, Cty Commr, Tyler, TX

6/12/92: Dario Miranda-Valenzuela, unarmed, crossed AZ border to find work; Def-U.S. border patrol agent shot, killed him; Def, partner dragged body back to Mexico, hid body; Santa Cruz Cty Coroner: victim could have lived if given medical attention w/in 30 minutes. Def arrested: 1st degree murder, aggravated assault, obstruction of justice. Def admitted shooting, hiding body; Def claimed self-defense: victim was drug smuggler. Case removed to fed'l ct on Def's motion.

• 12/16/92: After trial, DJ reduced charges, told jury (11 whites, 1 Mexican-American) to deliberate on 2nd degree, manslaughter, not guilty verdicts. Jury acquitted. Roll, DJ: overturned another J's order releasing Def on $120,000 bond: Def must be kept in custody pending investigation on similar offense.

Guadalupe Castillo, La Mesilla Organizing Project, 630 S Main St, Tucson, AZ 85701

See PL-683a/29.4

1992: 17 yr-old Arab-American: parents forced her into arranged religious marriage. Def-parents arrested: abducting, forcing minor to marry, aiding/abetting rape, battery, disturbing peace; bail denied. Def-husband arrested: sex w/ minor; pleaded nolo.

• 8/92: after ct trial, Saiers, J: complainant's testimony unbelievable,

Gary Talesfore, Deputy DA, San Joaquin Cty; Mike Ballard, Public Defender

7/17/78: Def-Shasta Karuk, Native American woman, fled w/ 4 others to grandmother's home in Yreka, CA following argument w/ store clerk; 27 police officers besieged family, fired 200 shots, shot Def in back.

• 7/24/78: Ct-appointed atty tried case before jury. 6/29/79: Jury convicted, sentenced Def to life imprisonment; Patrick Croy sentenced to death (see PL-106/25.15). 4/28/81: 3rd DCA aff'd. 5/1/90: On retrial Patrick Croy claimed self-defense, San Francisco jury acquitted; Stern, J: if Def tried under same facts/evidence presented in Patrick Croy's case, judgment would be not guilty. 12/20/91: San Francisco Super Ct denied habeas petition. 3/24, 5/14, 9/16/92: 1st, 3rd DCA, CA Sup Ct denied habeas petitions. 1993: Def's parole, fed'l habeas petitions pending.

James S Thomson, 660 J St Ste 280, Sacramento, CA 95814; Diana Samuelson, 473 Jackson St, 3rd Fl, San Francisco, CA 94111

See PL-106/25.15, PL-106a/28.7

3/2/69: Def-Black Panther leader arrested w/ 20 other Panthers ("Panther 21"): conspiracy to commit murder, arson. 3/70: Def released on bail. 5/13/71: Jury acquitted Panther 21. 5/19, 5/21/71: 4 NY police officers murdered; Black Liberation Army claimed responsibility. 6/5/71: Def arrested: armed robbery of narcotics club. Def pleaded guilty: clumsy attempt to rid black community of drugs. Police began to investigate Def for police murders. 6/12/71: Witness Pauline Joseph called police: Def not guilty of police murders. Police held Joseph as material witness for 20 mths; she changed story to hold Def guilty. At trial, prosecution did not introduce Joseph's recorded statements exonerating Def, exculpatory FBI, NYPD fingerprints, ballistics evidence. 1972: First jury hung. 1973: During jury selection, after several black jurors selected, Martinez, J, became ill; declared mistrial. 4/26/73: At third trial, only 5% of jurors selected were black; jury convicted Def. All appeals denied. 11/77: USSC denied cert. 1975: After U.S. Cong Church Comm disclosed COINTELPRO against Panthers, Def filed civil rights lawsuit. 5/80: Lowe, DJ: ordered FBI, NYPD to produce files on Def, Panthers, COINTELPRO. 1980-87: Def uncovered 300,000 pages of documents, challenged deletions. 1987: FBI produced file detailing investigation of Def, exculpatory tests, Joseph's interview exonerating Def. 4/88: Def filed motion for new trial.

• 3/17/89: McQuillan, J, denied motion: DA wrongfully withheld evidence which would have impeached Joseph but issue should have been raised on direct appeal. 2/8/90: Ct of App unanimously rev'd;

Elizabeth Fink, Robert Bloom, Robert Boyle, 244 Atlantic Ave, Brooklyn, NY 11201; Joan P Gibbs, CCR, 666 Broadway, 7th Fl, NY, NY 10012

1987: Def and boyfriend had violent relationship; he tried to strangle, run Def over w/ car; witnesses noticed bruises, black eyes, swollen lips, bite marks on Def's body after she moved in w/ boyfriend. 1/88: Def stayed at friend's house after boyfriend beat her; Def sustained black eye, bruises, red marks. 3/88: Boyfriend punched Def in face after another fight; Def never filed formal complaint despite history of abuse, alcohol abuse. 6/10/88: Boyfriend, drunk, came home late, allegedly attacked Def w/ knife, threatened to kill her; Def stabbed him. 6/11/88: Nurse examined Def, found bruises all over body, redness, swelling on knuckles, abrasions on right knee, elbow; boyfriend died. Def arrested: claimed self-defense.

• After trial, jury convicted Def: involuntary manslaughter, assault w/ deadly weapon. Def filed motion for new trial: counsel's failure to introduce evidence, investigation of Battered Woman Syndrome (BWS) (Evid C §1107). Hardin, J, denied motion: counsel's failures did not prejudice Def. 1/92: DCA rev'd, Ardaiz, J: counsel's failure to produce evidence of BWS did prejudice Def's case; prosecution would have had to explain behavior, misconceptions about women living in abusive circumstances. New trial pending.

Alisa M Weisman, CA

1/89: Def-Hispanic police officer killed 2 black motorists in predominantly black neighborhood resulting in rioting: 136 buildings burned, 1 person killed, 372 arrested; Def claimed victims tried to run him over while fleeing from other officer. Def arrested: manslaughter.

• 12/89: After trial, jury convicted Def of 2 counts manslaughter. 1991: Ct of App rev'd: trial should have been moved to different venue, jury "obviously", "justifiably" concerned riots may break out if Def acquitted. 5/6/92: Spencer, J, sua sponte, ordered change of venue for 2nd trial from Orlando to Tallahassee to insure blacks on jury: blacks make up larger percent of population; warned attys jury selection will be examined closely to insure no racial discrimination

Roy E Black, 201 S Biscayne Blvd Ste 1300, Miami, FL 33131 for Def

4/23-27/90: Def-head of Winston Cty NAACP led peaceful protest of 21 blacks: no aggressive, threatening, intimidating tactics used; Defs entered campus, held signs w/ 60 discrimination problems of school; Pls had Defs arrested: disturbing peace; Defs claimed 1st Amdt rights.

• Woods, J, convicted Def: 5 counts of disturbing peace; sentence: 150 days jail, $2,125 fine: "We have a good school system up here ... it's just a few radicals, renegades trying to run things, stir things up." Appeal pending; h'gs of 20 other Defs postponed.

Marie Wilson, Lawrence Young, Solomon Osborne, N MS Rural Legal Services, PO Box 928, Oxford, MS 38655

1/14/90: Def cut down nuclear siren pole in protest against Seabrook nuclear power plant; arrested, indicted: felony criminal mischief, misdemeanor disorderly conduct (later dropped). Def raised necessity, free speech defenses: 1st, 9th Amdts, NH Const Arts 3, 10.

• McHugh, J: granted 2 continuances. 9/16/93: Jury trial date.

Guy Chichester, Box 102, Rye, NH 03870, pro se

157 So2d 403 (1963); 615 So2d 1134 (MS Sup Ct 1992)

1950s-60s: Medgar Evers, active black civil rights leader in MS. 6/12/63: Evers murdered in Jackson home. 6/23/63: Def-vocal segregationist, white supremacist, arrested for Evers' murder. 2/64: trial ended in hung jury. Judge released Def on $10,000 bail. 1967: Def ran unsuccessful campaign for Lt Gov; indicting DA did not seek reelection; successor DA requested, obtained nolle prosequi from Cir Ct. 12/90: Hinds Cty grand jury indicted Def for Evers murder; Cir Ct denied bail. 10/91: Def jailed. 4/92: Def moved to dismiss indictment: violations 6th Amdt right to speedy trial, 5th Amdt due process, double jeopardy.

• 8/4/92: Cir Ct denied motion. Def filed interlocutory appeal. 12/16/92: MS Sup Ct (4-3) dism'd in part, aff'd in part, remanded in part, Hawkins, J: speedy trial, due process issues afford no basis for interlocutory appeal; double jeopardy claim dism'd as w/out merit. Def's trial for murder pending.

Bobby De Laughter, Asst DA, Jackson, MS

2/87: Def moved behind Pl, Palestinian-American family in Castro Valley, CA. 7/87: Def sought variance to build multi-car garage at residence; homeowners assn, Pl, others voiced opposition at h'gs; City approved variance; Def began to racially harass, threaten, assault, batter, intimidate Pl. Pl sought injunction against Def. 7-12/89: Super Ct granted preliminary injunction, found Def in contempt, refused to jail Def. 1990-1992: Sheriff characterized situation as feud. 9/20/92: Pl signed final papers to sell house; Def fired multiple gunshots at Pl, real estate agent: shattered car window, damaged car trunk, garage ceiling, Pl not injured. Police arrested Def: attempted murder, assault w/ deadly weapon.

• 9/28/92: Lewman, J, denied bail: repeated threats, racial bias, previous contempt conviction. Pending.

Don Tamaki, 388 Market St Ste 1080, 94111-5315; Doreena Wong, Hate Violence Project, Asian Law Caucus, 468 Bush St, 3rd Fl, 94108; all San Francisco, CA

See PL-685-39.2

3/18/92: Nat'l Guard, in joint operation w/ border patrol, on lookout for drug smugglers; 20-30 male/female Mexicans crossed AZ border to find work; Def, other border patrol agents equipped w/ night vision goggles, M-16 rifles w/ infra-red targeting, fired at aliens for 5-10 minutes, hitting 1 in leg; incident unreported; aliens given voluntary departure same night. 7/22/92: Inspector Gen'l investigating Def for murder (see PL-683/28.21), received anonymous letter implicating Def; Def arrested: 10 counts aggravated assault. Def admitted shooting: thought victims were drug traffickers. Case removed to fed'l ct on Def's motion.

• 1/26/93: Roll, DJ: granted Def's motion to exclude evidence from murder trial, other acts; denied motion to exclude evidence of Def's firing at alleged drug traffickers, not in self-defense, on 3/16/92. Pending.

Guadalupe Castillo, La Mesilla Organizing Project, 630 S Main St, Tucson, AZ 85701

See PL-683/28.21

12/5/91: In anti-nuclear weapons protest at Johns Hopkins U Applied Physics Lab (received $300 million/yr from Pentagon for war research), 8 members of Baltimore Emergency Response Network (BERN) arrested: trespass.

• 3/26/92: At trial, Def complained re ct restrictions: "This is a disgrace"; Vaughan, J: convicted Def; sentence: 5 yrs. Appeal pending.

1985-92: Def-20 yr San Francisco Police (SFPD) Intelligence/Special Investigations Div inspector, Roy Bullock-acted as spy for 39 yrs for Anti-Defamation League of B'nai B'rith amassed/shared computer files on: ex-Cong McCloskey (R-CA), 3,000 Arab-Americans, 9,000 others; 1,000+ orgs from San Francisco, Los Angeles, San Diego, Portland, Chicago, St Louis, Atlanta, NYC: LA Times, Mother Jones, ACLU, Nat'l Lawyers Guild, CCR, Asian Law Caucus, Bay Area Nat'l Conf of Black Lawyers, African Nat'l Cong, NAACP, Black United Fund, N CA Ecumenical Council, Int'l Jewish Peace Union, Friends of Yesh Gvul, Israelis Against Occupation, American-Arab Anti-Discrimination Comm, Christic Inst, CISPES, Greenpeace, Earth Island Inst, UAW, AFSCME, SEIU, SF Labor Council/AFLCIO, Oakland Education Assn. Bullock told FBI: he/Def began selling info on U.S. reporters, anti-apartheid activists to S African agent in 1987, split $16,000 payment. 10/25/92: FBI questioned Def re possession of secret FBI/CIA docs, Bullock's claim; Def denied selling info to S Africa; FBI released Def: no secrets revealed; Def fled to Philippines: no extradition treaty w/ U.S. 11/92: Def sent retirement papers to SFPD. 2/11/93: SF Super Ct h'g, John Dwyer-Asst SF DA: 1 Chicago Arab-American detainee in Israel is on Def's list. 4/7/93: police w/ warrants raided ADL-SF/LA offices, Bullock's home, Def's former home/police locker.

4/9/93: SF DA released 700-page "Declaration of SFPD Inspector Ron Roth" containing transcripts of interviews w/ Def, Bullock, others, exhibits from seized docs, computer files; conclusions: 1) Def passed confidential law enforcement agencies' information to Bullock, who filed it w/ ADL; 2) Def gave Bullock SFPD files ordered destroyed in 11/90 pursuant to SFPD Disorder & Intelligence Guidelines; 3) copies of secret FBI report on Popular Front for Liberation of Palestine (see PL-241/44.4) found at Bullock's home, ADL-SF; 4) 1987-92: ADL committed 48 felonies by not claiming Bullock on tax returns; 5) San Diego Police Detective Carroll: Def, Bullock "work with the FBI quite a bit"; 6) Def's briefcase in SFPD locker contained: CIA instructional memo, newsletter; many alias passports, drivers/marriage licenses, birth certificate; 3 page "International Activities Division — Special Activities Group" w/ 100+ names/phone numbers Def identified as CIA int'l undercover agents, black cloth hood w/ drawstring, dozen articles on Central American death squad activities. 4/27/93: Def: "victim of circumstance" caught between CIA, FBI, ADL, SFPD; would blow lid on CIA support for Death Squads if prosecuted; CIA was directly involved in training/support of torturers/death squads operating in El Salvador, Honduras, Guatemala during mid-1980s; quit CIA in late 1985: could not stomach what he witnessed there; manila envelope containing "Interrogation Training Farm Prison 1984" is from CIA training camp outside Williamsburg, VA; 4 envelopes labelled "D.S." = information on death squads: "Secret Biodata of the Nominees to be Trained in Human Resource Exploitation (Interrogation) Course" w/ 13 names; CIA station chief in

• 4/28/93: SF Police Commn public h'g: Def guilty of violating dept guidelines: unauthorized gathering/dissemination of intelligence; Commn to: 1) notify 7,000+ people, numerous orgs on Def's lists; 2) determine why files ordered destroyed in 11/90 policy change never destroyed. 5/6/93: SFPD arrested Def: theft of gov't documents, computer theft, burglary, conspiracy; Def released on $20,000 bail, returned to Philippines. 5/7/93: Cong Don Edwards (D-CA): threatened Cong h'gs re FBI's relationship w/ Bullock-ADL operative. Pending.

John Dwyer-Asst DA, Arlo Smith-DA, San Francisco, CA

8/11/67: Pike Cty, KY police seized papers from Pls-civil rights organizers, arrested: sedition (KY Rev Stat §432.040). Defs, Sen Brick, 2 staff members inspected, took seized material to Washington w/out Pls' knowledge/consent; Ratliff, KY prosecutor, gave Sen access to Pls' papers. Sen subpoenaed Pls for doc held by Ratliff. 3/4/69: Pls appeared before Cong, refused to comply w/ subpoenas, Sen approved res authorizing contempt prosecution. 3/4/69: Pls sued Defs: declaration they did not have to comply w/ subpoenas, injunction to prevent criminal contempt charges being brought, alleging damages from violation of 1st, 4th, 5th Amdts, 42 USC §§1981, 1983, 1985.

• 12/18/69: DC stayed all proceedings until final disposition of contempt prosecution. 3/26/70: Bazelon, CJ, rev'd, remanded: over-broad. Pls amended complaint: damage claims against Defs, charging Sen Brick's inspection, transportation of docs unlawful, staff members entered into conspiracy w/ Brick. Sen Defs sought dismissal: immune from liability under Speech or Debate Clause. 6/12/73: DC denied motion. 10/28/75: Wilkey, CJ: rev'd in part, aff'd in part. 12/21/76: DC Cir, en banc, vacated, remanded: dism'd most claims against Sen Defs, divided on others. 10/11/77: USSC granted Sen Defs cert. 6/26/78: USSC dism'd writ. After trial on merits, jury returned verdicts against each Sen Def for violating Pls 1st, 4th Amdt rights, right to privacy. Sen Defs appealed. Ratliff settled w/ Pls, dism'd as party on appeal. 1/18/85: DC Cir, per curiam: aff'd verdict against Brick for violation of Pls' right to privacy, rev'd other verdicts.

Morton Stavis, Charles Mason Jr

9/21/76: Orlando Letelier-Chilean exile leader/ambassador under Allende Gov't assassinated in Washington, DC. 8/78: Pls-relatives sued: Def-gov't directed assassination. Def submitted 2 diplomatic notes to U.S. State Dept, which it forwarded to DC: sovereign immunity, charges false.

• 3/11/80: Green, DJ: Ct had jurisdiction under FSIA tortious activity exception, 28 USC §1605(a)(5), act of state doctrine did not protect Def if it ordered assassination in U.S. 11/5/80: Green, DJ, issued default judgment: Gov't, agents of Pinochet responsible for assassination;

Michael E Tigar, Lynne A Bernabei, Samuel J Buffone

See PL-279a/33.3, PL-279b/18.2; PL-126/20.2

Cuban refugee brought habeas corpus action to challenge legality of indefinite detention in maximum security fed'l prison on ground he arrived w/out proper entry papers.

• 5/21/81: Shoob, DJ: ordered Pl released on domestic law grounds, but if "forced" to decide int'l law issue, would find Pet's detention violated UDHR Art 9, American Convention on Human Rights Art 7(3), Art 9(1) (PL-97/2.2), at 515 FSupp at 1061 n18.

See PL-392a/41.9

1978: Vietnam vets, families brought product liability suit against 7 chemical cos for damages due to injuries suffered from exposure to Agent Orange in SE Asia when sprayed by U.S. military. Defs impleaded U.S. Gov't.

• DC granted U.S. motion to dismiss third party complaint. Defs moved for reconsideration of dismissal. 2/16/84: DC: U.S. immune from claims of vets, derivative claims of families; U.S. not immune from independent claims of vets' spouses, children, Fed'l Tort Claims Act (28 USC §1346(b)), Feres-Stencel Doctrine ( 340 US 135; 431 US 666). 5/84: 7 cos agreed to establish $180 million fund for class members. 1984: 300 vets challenged settlement. 1987: DC dism'd: manufacturers immune from suit. 2d Cir aff'd. 6/27/88: USSC decided (PL-325/32.4). 6/30/88: USSC denied cert. 7/6/88: Weinstein, DJ, began process of allocating fund (now $240 million) to 250,000 injured vets, families: $170 million cash benefits to long-term, totally disabled vets, families of deceased vets; $52 million for social service projects benefiting vets, families; $5 million to vets in Australia, N Zealand; $13 million for Pls' attys; admr of distribution plan by Aetna Life Insurance Co.

Phillip E Brown; Stanley M Chesley, 1513 Central Trust Tower, 4th & Vine, Cincinnati, OH 45202; David J Dean, 55 Mineola Blvd, Mineola, NY 11501-4220; Thomas Henderson; Gene Locks; Benton Mussle White; John O'Quinn; Newton B Schwartz; Stephen J Schlegel; James Sparrow, Dir, Vietnam Vets Agent Orange Victims

See PL-164/43.16; PL-396/41.21

1952: Def-Ukrainian admitted to U.S. under 1948 Displaced Persons Act. 1958: Def became U.S. citizen. 1981: U.S. sought denaturalization of Def based on information he was brutal WWII guard "Ivan the Terrible" at Treblinka, Poland concentration camp. At h'gs, 6 witnesses testified for Gov't; Def claimed mistaken identity.

• Battisti, DJ: ordered denaturalization. U.S. brought deportation proceedings. 1984: Israel sought extradition under 1962 U.S./Israel extradition treaty, claiming jurisdiction to prosecute deportee for crimes committed outside Israeli territory before its independent existence. Deportee filed habeas petition. 1985: Battisti, DJ: int'l law permits nation to try persons accused of acts w/ which it has no territorial nexus when offenses so special in character they make perpetrators enemies of all mankind; therefore any nation that can find perpetrators may try, punish, under principle of universal jurisdiction. 10/31/85: 6th Cir aff'd: treaty covers "mass murder" as well as murder. 1986: DC Cir denied habeas petition. Def extradited to Israel.

Steven Schneebaum, Int'l Human Rights Law Group, amicus

See PL-57a/85.4

1942: Pl convicted of being in place excluded to persons of Japanese ancestry: Civilian Exclusion Order No 34 (18 USC §97(a)). 1944: USSC aff'd. 1984: Pl filed extensive petition for writ of coram nobis to vacate conviction: Gov't misconduct: officials of U.S. War Dept altered, destroyed, withheld knowledge of evidence from DoJ, USSC; officials of War Dept, DoJ suppressed evidence re loyalty of Japanese-Americans, alleged commission of espionage; Gov't officials failed to advise USSC of falsity of allegations in final report of Gen'l Dewitt.

• 4/19/84: Patel, DJ: granted petition.

Dale Minami, Lorraine K Banwai, Robert L Rusky, Karen Kai, Michael Wong, Russell Matsumoto, Maniwa & Mabumoto, Steven Bomse, Michael Shepard, Andrea Peterson, Peter Irons; Heller, Ehrman, White & McAuliffe, amicus

See PL-32/32.4; PL-135/30.4; PL-361/50.4

1/9/53: Pres Truman issued Exec Order 10422 (22 USC §287), requiring loyalty checks as precondition to employment of U.S.

• 1984: McNaught, DJ: granted summary judgment for Pl. 9/21/84: 1st Cir aff'd, Breyer, CJ: terms of Order violate 1st Amdt rights to freedom of speech, association. 6/2/86: U.S. notified UN Secretariat security clearances of U.S. citizens employed by int'l orgs would no longer be carried out.

Leonard B Boudin, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, NY, NY

9/3/84: Def-Reagan/Bush '84 campaign paid De Anza College $6621 to rent stadium for widely-publicized election rally. Students carrying political banners opposing Reagan/Bush, their policies, denied entry to rally; pushed back from Presidential motorcade where people w/ pro-Reagan signs permitted. 10/1/84: Sued Reagan/Bush '84, Santa Clara Cty, U.S. Secret Service, De Anza College: false imprisonment (42 USC §1983).

• 10/18/84: Ingram, DJ: issued preliminary injunction ordering Defs to notify Pls of any appearance in ND CA, authorizing h'g 24 hrs before appearance. 4/4/86: DJ: rally constituted public forum; dismissed Secret Service as Defs, denied Defs' motion for summary judgment. 6/23/87: DJ dism'd Pls' prayer for punitive damages. 2/8/88: Reagan/Bush '84, Cty agreed to pay Pls $39,000 settlement, announce right of people w/ dissident signs to go wherever people w/ supportive signs go.

Constance Carpenter, 131 George St, San Jose, CA; Stan Doty, Jeff Lake, Dan Mayfield, Cynthia Rice

Nat'l VFW expelled Santa Cruz VFW chapter for adopting policy statement opposing U.S. intervention in Central America. Chapter sued for reinstatement.

• 6/15/85: settled; chapter agreed not to publicly oppose nat'l VFW positions in return for reinstatement.

During WWII Pet refused to observe curfew regs, removal orders imposed on Japanese-Americans. Trial J instructed jury to convict Pet of 2 misdemeanor violations of military orders; sentence: 8 mths jail. 1943: USSC aff'd. 1/83: Pet filed Petition for Writ of Error Coram Nobis alleging Gov't failed to review docs by Cong Commn on Wartime Relocation and Internment of Civilians, which found no

• 5/18/84: Voorhees, DJ: denied Govt's motion to dismiss. 6/17/85: Evidentiary h'g. 2/10/86: Voorhees, DJ: Gov't engaged in misconduct in justifying forced removal; vacated Pet's conviction for failure to report to military authorities for relocation, upheld conviction for curfew violation. Pet, Def appealed. 9/24/87: 9th Cir, Shroeder, CJ: vacated curfew conviction.

Rodney Kawakami, Camden Hall, Benson Wong, Kathryn Bannai, Michael Leong, Craig Kobayashi, Daniel Ichinaga, Arthur Barnett

See PL-32/32.4; PL-73/30.3; PL-361/50.4

9/21/72: Philippines Pres Marcos declared martial law near end of elected term. 1972-86: Marcos directed systematic appropriation of public funds. 2/25/86: Marcos fled to HI. Philippines Gov't sued to prevent Marcos/agents from transferring stolen property held anywhere in world.

• 5/2/86: Leval, DJ, issued preliminary injunction against Defs: act of state doctrine inapplicable to personal acts of conversion not done in name of foreign sovereign. 11/26/86: 2d Cir aff'd, Oakes, CJ: act of state doctrine did not prohibit adjudication of private acts by Marcos, who lost protection when he lost power. 5/18/87: USSC denied cert.

Morton Stavis, Peter Weiss, CCR, 666 Broadway, NY, NY 10012

See PL-298/30.8; PL-299/31.1; PL-375/23.18; PL-393/30.9

1981: Mobile jury hung in trial of black man for murder of white policeman; Klansmen randomly caught, hanged, Michael Donald. 1983: After 2 investigations, 2 members of Def (largest Klan org) tried; convicted: 1-murder, 1 (Tiger Knowles) violating civil rights. 1984: Pl-victim's mother sued on theory of agency: murderers carried out policy of Def, Def's Imperial Wizard.

• 2/12/87: At 4-day trial, ex-Klan members testified leaders directed harassment, killing blacks; Knowles said acted as Klansman, asked jury to find for Pl. All-white jury awarded Pl $7 million. 5/87: Pl received deed to Def's headquarters; sought further assets.

Morris Dees, Southern Poverty Law Center, 400 Washington Ave, PO Box 2087, Montgomery, AL 36102-2087; Michael Figures, State Sen

690 FSupp 1243 (SD NY 1962 ELP)

1974: PLO opened observer mission in NY City at invitation of UNGA. 12/16/87: Cong passed Anti-Terrorism Act (ATA) (22 USC §5201) barring PLO from receiving, spending funds, operating offices in U.S. 3/21/88: ATA took effect; U.S. sued for injunction to close PLO mission at UN.

• 6/8/88: DJ permitted Carl August Fleischauer-UN Undersec'y-Gen'l, Legal Counsel, to address Ct at outset. 6/29/88: Palmieri, DJ dism'd suit: U.S. may prohibit people from working officially for PLO in U.S. except for UN mission under UN Headquarters Agreement, UNGA Res 169 (II), 11 UNTS 11, No 147 (1947) 61 Stat 756, TIAS No 1976, authorized by SJ Res 144, 80th Cong, 1st Sess, Pub Law 80-357, in 22 USC §287 note (1982); Ct may not direct U.S. to submit to arbitration under Agreement §21, due to political questions doctrine; later enacted stat supersedes treaty only where irreconcilable, Cong clearly intended to supersede. 8/30/88: U.S. announced it will not appeal.

PLO-Ramsey Clark, Lawrence W Schilling; Mansour-Leonard Boudin, Michael Krinsky; amicus: UN-Keith Highet; NYC Bar Assn-Sheldon Oliensis

See PL-260/30.6; PL-309/5.3; PL-318/43.14

(SD NY #88 Civ 2005 ELP)

12/16/87: Cong passed Anti-Terrorism Act (ATA) (22 USC §§5201-5203): as of 3/21/88, Palestine Liberation Org barred from receiving, spending funds, operating offices in U.S. 3/23/88: 65 U.S. citizens, orgs sued for declaratory judgment: ATA violates 1st Amdt free speech, association, bill of attainder prohibition of U.S. Const Art I §9(3).

• 6/29/88: Palmieri, DJ, upheld constitutionality of ATA by narrow interpretation: ATA restricts transfer of funds by PLO to 2 Pls, does not prohibit 3rd Pl from opening, maintaining information office so long as office accepts no money from, does not purport to act officially for PLO. 8/30/88: U.S. announced it will not appeal.

Leonard Boudin, Michael Krinsky, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, 740 Broadway, NY, NY 10003

See PL-259/30.6; PL-309/5.3; PL-318/43.14

3/24/76: Argentine military took power in coup. 1976-79: Military Gov't conducted "dirty war" against "subversive thought." 1983: Civilian Gov't took power in Argentina: 9-member military junta claimed full responsibility for conduct of "dirty war"; arrested, prosecuted. 3/84: Sup Council summoned Def-former military commander, Buenos Aires Zone, not member of junta; Def fled to U.S. 1/24/87: Def found in

• 4/27/88: Jensen, DJ: denied habeas petition; granted extradition on 39 murder counts, forgery; kidnapping barred by U.S. stat of limitations; "military offense" exception in extradition treaty inapplicable to murder; political offense exception inapplicable to conduct of Gov't officials suppressing rebellion; alleged murders not incident to military uprising, would not fall w/in exception. 5/7/88: Def extradited.

U.S. Atty Mark N Zanides, San Francisco, CA

See PL-181/30.7; PL-285/30.8; PL-286/30.7; PL-552/70.5

1976-80: During "dirty war," Argentine military junta held, tortured Pl-union atty in secret military prisons. 1/24/87: U.S. arrested Def-former Buenos Aires military commander: extradition for murder. 4/30/87: Pl sued for damages under Alien Tort Claims Act (28 USC §1350).

• 3/15/88: Conti, DJ: entered default judgment against Def. 3/28/88: At award h'g, DJ heard expert testimony: Rabbi Marshall Meyer, 16-yr resident of Argentina; Richard Mollica, psychiatrist, re "torture victim's syndrome." 4/25/88: DJ awarded Pl full amount requested: $21 million damages. Pl seeking to uncover Def's assets.

David Cole, Georgetown Law Center, 600 New Jersey Ave NW, Washington, DC 20001; Peter Weiss, Michael Ratner, CCR; Samuel Issacharoff; William Gordon; Kathy Bagdonas Jordaneth, Paul Friedman, Joanne Hoeper, Tom Long, Morrison & Foerster

See PL-181/30.7; PL-262/30.6, PL-552/70.5; PL-285/30.8

1977-78: 3 families tortured to death or disappeared while in custody of Def-Commander, Argentina's 1st Army Corps. 1983: Democracy restored in Argentina; Def fled to U.S. 1/24/87: Def arrested in Foster City, held in San Francisco Cty jail pending determination of extradition request. 5/6/87: Pls-relatives of 3 families, sued for damages under Alien Tort Claims Act (28 USC §1350). 5/7/88: Def extradited.

• Vukasin, DJ: awarded Pls $60 million damages. Tracking of Def's assets proceeding.

Human Rights Advocates, Box 5675, Berkeley, CA 94705

See PL-262/30.6, PL-552/70.5; PL-285/30.8; PL-286/30.7

2/18/77: Argentine military seized Pl, Pl's mother, 4 brothers from airplane at Buenos Aires Int'l Airport. 2/23/77: Military released Pl, brothers; mother "disappeared". 1983: Civilian Gov't restored; Argentina charged Def-former Buenos Aires military commander: murder, kidnapping, forgery. 1/24/87: U.S. arrested Def. Pl sued for damages under Alien Tort Claims Act (28 USC §1350).

• 10/6/87: Jensen, DJ, granted Def's motion to dismiss: Alien Tort Claims Act provides cause action; law of nations does not extend only to relations between sovereign states; endorsed 630 F2d 876 (1980) (PL-19/31.1); Pl failed to establish int'l human rights norm against "disappearance", "cruel, inhuman or degrading treatment." 11/18/87: Pl filed Motion for Reconsideration w/ affidavits from Richard Falk, other int'l law scholars. 7/6/88: Jensen, DJ: Pls may file claims for disappearance, torture, not for "cruel, inhuman, or degrading treatment." 4/90: DJ awarded Pl $2 million damages.

Kathy Bagdonas Jordaneth, Paul T Friedman, Joanne Hoeper, Morrison & Foerster, 345 California St, San Francisco, CA 94104; Samuel Issacharoff, William C Gordon; David Cole, Peter Weiss, Michael Ratner, CCR, 666 Broadway, 7th Fl, NY, NY 10012

See PL-181/30.7; PL-262/30.6, PL-552/70.5; PL-286/30.7

9/1/87: U.S. Navy train bearing munitions for contras, Salvadoran army ran over, maimed Def-Willson at Concord Naval Weapons Station. 1/11/88: Train crew sued Willson, two other protesters in Super Ct: conspiracy to "directly affect physical actions and emotional responses" of train crew. Pls dropped state suit, filed same complaint in fed'l Ct.

• 4/90: Trial date. Case dism'd.

Doron Weinberg, Larson & Weinberg, 523 Octavia St, San Francisco, CA 94102

See PL-234/41.2; PL-287/57.1

9/21/72: Def-Philippines Pres Marcos declared martial law near end of elected term. 1972-86: Def directed systematic appropriation of public funds. 2/25/86: Def fled to HI. Philippines Gov't sued in U.S. Ct under RICO to prevent Def from transferring property stolen from Gov't.

• Pfaelzer, DJ: issued preliminary injunction for Pls. 7/8/86: Fong, DJ: denied motion to dismiss. 2 cases consolidated on appeal. 6/4/87: 9th Cir vacated, Kozinski, CJ: action barred by act of state doctrine, political question doctrine, or both. Nelson, CJ, diss. 11/16/87: 9th Cir panel ordered reh'g. 12/1/88: 9th Cir, en banc, aff'd DC, Noonan, CJ:

Ronald L Olson, Richard B Kendall, Bradley S Phillips

See PL-299/31.1; PL-300/30.5; PL-375/23.18; PL-393/30.9

10/15/84: Henry Liu-historian/journalist critical of Taiwan Gov't assassinated in CA. 1985: Taiwan Military Ct convicted Defense Intelligence Bureau Dir Wong Hsi-Ling: ordering assassination; sentence: life imprisonment. Pl-widow sued Def under RICO (18 USC §1985(3)), Civil Rights Act (42 USC §§1985(3), 1986): wrongful death, emotional distress.

• 8/11/86: Lynch, DJ, denied motion to dismiss, later granted: act of state doctrine precludes Def's liability under CA law. 12/29/89: 9th Cir rev'd, remanded, Boochever, CJ: 1) murder occurred in CA: CA law of respondeat superior applies; 2) Dir acted to benefit Def: Def liable under CA law, Pl established subject matter jurisdiction under FSIA (28 USC §§1330(a), 1604, 2680(a)); 3) suit not barred by act of state doctrine. 9/28/90: USSC denied cert. 10/25/90: case settled for undisclosed sum; Def admitted no wrongdoing. 1/21/91: Taiwan released Wong under clemency law.

Gerard E Harper, Paul, Weiss, Rifkind, Wharton & Garrison, 1285 Ave of Americas, NY, NY 10019-6064; Jerome Garchik, 57 Post, San Francisco, CA 94104

11/88: Def-GOP chair Fuentes hired security guards to stand at polling places on election day. 5 Hispanic voters alleged guards handled ballots (fed'l violation), carried signs warning undocumented immigrants: illegal to vote. Pls sued successful GOP candidate Pringle, Fuentes: harassment, intimidation.

• 1989: Defs Saddleback Security Co, Cty Registrar agreed to pay Pls $80,000. 12/28/89: Defs Pringle, Fuentes agreed to pay Pls $400,000 damages, denied wrongdoing.

Joseph Remcho, 155 Montgomery St, San Francisco, CA 94109

6/1/81: Dictado, Ramil, Guloy, Domingues entered Union headquarters, assassinated U.S. citizens Domingo-sec'y-treasurer, Viernes-dispatcher, ILWU Cannery Workers Local 37, member of 2 anti-Marcos orgs. Domingues murdered. WA Super Ct tried 3 Defs: murder; convicted. 1982: Pls sued Defs Ferdinand/Imelda Marcos,

• 11/20/89: Rothstein, DJ, jury heard Pls' expert witnesses: Philippines Cong Bonifacio Gillego, Prof Richard Falk, ex-CIA agent Ralph McGehee. 1/15/90: Jury held for Pls. Rothstein, DJ, assessed damages: $15 million against Marcoses, $8.5 million against other Defs. 1991: Some assets uncovered; some damages/atty fees being paid.

Michael E Withey, Jeffrey P Robinson, Schroeter, Goldmark & Bender, 540 Central Bldg, 98104; James A Douglas, Gibbs, Douglas, Theiler & Drachler, 1613 Smith Tower, 98104; John Caughlan, 1508 McGilvra Blvd E, 98112; Elizabeth Schott 1027-31st Ave E, 98112; all Seattle, WA

See PL-298/30.8; PL-299/31.1; PL-300/30.5; PL-375/23.18

1985: Def-magazine ran classified ad offering "gun-for-hire" for 10 mths. Person placing ad murdered Richard Braun. 3/31/88: Pls-Braun's sons sued for damages: personal injuries, father's wrongful death.

• 12/7/90: Jury awarded Pls $12.4 million. 1/23/91: Hobbs, DJ: jury's award excessive; reduced to $4.4 million. 8/13/92: 11th Cir aff'd, Anderson, CJ: Def negligent to place ad which put public in substantive danger; no constitutional interest to protect public illegal activity.

Perry Hooper, 456 S Court St, 36104; Stephen Glassroth, L Gilbert Kendrick, 615 S McDonough St, 36104; John Cason, 4191 Carmichael Rd, 36106; all Montgomery, AL

Defs harassed, intimidated Pls while they were fishing in Galveston Bay, Texas. 1981: Pl sued: infringement on legal right to fish in bay.

• 1981: Dist Ct enjoined Def from any further harassment. 1982: Dist Ct further enjoined Def from operating paramilitary army in Texas.

Southern Poverty Law Center, PO Box 2087, Montgomery, AL 36102

1/17/87: Pls scheduled, held "Brotherhood March" to commemorate birth of Martin Luther King, Jr to promote racial harmony in

• 10/25/88: After trial, jury awarded Pls compensatory, punitive damages: $940,000. 10/27/89: 11th Cir aff'd, Henderson, CJ: evidence showed Defs plotted to disrupt, stop peaceful civil rights marchers by violent means; jury award not excessive, disproportionate; jury may award punitive damages in civil rights action if determined that Def motivated by evil intentions, actions were recklessly, callously indifferent to fed'l protected rights. 1989-93: Pls sought to uncover Defs' assets. 5/20/93: Invisible Empire, KKK agreed to go out of business, pay Pl $37,500; Southern White Knights to pay Pl $11,000 damages; case settled.

Joe Roy, Klanwatch Project, PO Box 548, 36101-0548; Southern Poverty Law Center, PO Box 2087, 36102; all Montgomery, AL

1987: Pl-waitresses filed sex discrimination, retaliation suit against Konocti Harbor Inn, owned/operated by Def-Union Trust Fund: management moved Pls from dining room to less lucrative jobs in coffee shop, said they wanted only male waiters in dining room, committed direct assault against one Pl.

• 11/89: Legge, DJ: granted Pls' summary judgment motion on retaliation under CA Govt C §12940, right-to-sue letter from CA Fair Employment & Housing Dept. Prior to trial, DJ granted Pls' directed verdict motion on Def's liability for unlawful sex discrimination. 1990: After trial, jury awarded waitresses $400,000 back pay, damages, $800,000 atty fees. 1/17/92: 9th Cir aff'd, Chambers, Tang, Pregerson, JJ: DC did not abuse discretion by retaining jurisdiction over case, suit filed timely, granting of summary judgments acceptable: Defs did not adequately respond to discovery, did not make legally adequate defense to summary judgment motion, jury damages awards reasonable based on evidence. 12/7/92: USSC denied cert. 1/7/93: Def-Plumbers Union closed Inn, laid off 300 workers.

Def attacked Pl-Southern Christian Leadership Conference marchers in Decatur, AL; 10 members of Def-KKK arrested, convicted. Pls sued for damages.

• 1989: DJ approved consent decree: Def to stop paramilitary activities, pay Pl monetary damages, take mandatory race relations seminar taught by Rev Joseph Lowery.

Southern Poverty Law Center, 400 Washington Ave, PO Box 2087, Montgomery, AL 36102-2087

1987: Pl-undocumented worker took pregnancy leave; Def refused reinstatement as promised. Pl sued Def: sex discrimination, sought reinstatement, back pay. Def argued: undocumented workers not entitled to protection under fed'l civil rights laws since undocumented workers prohibited employment under 1986 IRCA (8 USC §1254 (b)(3)).

• 2/20/91: Coyle, DJ: undocumented workers, while seeking amnesty, have right to file discrimination lawsuits against employers under Title VII, 1964 Civil Rights Act (42 USC §2000e). 10/21/91: Case settled, terms confidential.

María Blanco, Equal Rights Advocates, 1663 Mission St, 94103; Bill Tamayo, Asian Law Caucus, 468 Bush St, 94108; both San Francisco, CA; Manual Romero, Mexican American Legal Defense & Education Fund

4/91: Def laid off, w/out warning, over 50 non-union employees at 2 Pittsburgh, PA locations as part of simultaneous nationwide termination of over 1,000 non-union Emery employees. Def immediately began using independent contractors. Pls sued: violation of Worker Adjustment Retraining Notification Act (WARN), 29 USC §2104. Def claimed: firing less than 50 employees at single site of employment conforms w/ WARN Act requirements.

• 6/3/92: Bloch, DJ: certified Pl class. 12/18/92: Bloch, DJ, memo opinion: Pls entitled to jury trial on WARN claims. 5/93: Def settled for undisclosed amount, neither party allowed to disclose terms.

Jay Hornack, Cindy Akers, Leslie Grey, NLG/Sugar Law Center, 2915 Cadillac Tower, Detroit, MI 48226

1991: Def-CNBC bought FNN, laid off 325 Pls-employees w/out warning at 6 locations throughout U.S. Pls filed Worker Adjustment Retraining Notification Act (WARN) claims (29 USC §101). Def settled w/ studio offices in NY, Los Angeles, refused to acknowledge responsibility for sales office, 3 branch offices. Pls pressed suit.

• 5/93: Conrad, Bankruptcy J: Def settled for undisclosed amount.

Richard Levy, Elizabeth Werby, Gwynne Wilcox, NLG, Sugar Law Center, 2915 Cadillac Tower, Detroit, MI 48226

3/1/91: Pls sued Def: harassment, discrimination against Arabs, Arab-Americans seeking to fly w/ Def on int'l, domestic flights by

• 1993: Parties settled: Def agreed to pay Pl-Comm, Pl-Mohammed Ghonoudian, ACLU; Pls to drop suit against bankrupt airline.

American-Arab Anti-Discrimination Comm, 4201 Connecticut Ave NW Ste 500, Washington, DC 20008; amicus ACLU, 132 W 43rd St, 2d Fl, NY, NY 10036

3/5/92: Oakland Police Dept (OPD) arrested Pl-homeless person: trespass; confiscated Pl's personal belongings (prescription eyeglasses, medication, food stamps, clothing), intentionally discarded into refuse truck; forcefully stopped Pl from retrieving glasses. 4/92: Pl, other homeless persons, sued Defs: injunctive relief, damages: violation of due process (14th Amdt), unreasonable search and seizure (4th Amdt), conversion, CA Civ C §2080.

• 7/93: Defs settled w/ all Pls: OPD will not destroy, assist in destruction of arrestees' personal property; $13,000 for Pls' monetary damages; parties each bear own costs, expenses. Armstrong, DJ: entered final judgment for injunctive relief.

James M Finberg, William M Audet, Embarcadero Center W, 275 Battery St, 30th Fl, San Francisco, CA 94111; Stephen Ronfeldt, Legal Aid Society of Alameda Cty, 1440 Broadway, Ste 700, Oakland, CA 94612; Osha Neumann, 1840 Woolsey St, Berkeley, CA 94703

1976: Joelito Filártiga, 17, died of heart failure after 4 hours torture in Paraguay. Sister, father-noted critic of Stroessner regime sued Def-Paraguayan citizen residing illegally in U.S. for torture/murder of son.

• Nickerson, DJ: dism'd. 6/30/80: 2d Cir rev'd, Kaufman, CJ: torture cognizable in U.S. cts although committed abroad ( (PL-370/2.1), customary int'l law). U.S. Dept of State, DoJ submitted amicus memo: int'l law part of U.S. law, including certain fundamental human rights. 1/10/84: In trial after Def deported by INS, DJ awarded each Pl $5 million punitive, $400,000 total compensatory damages.

Donald L Doernberg, Peter Weiss, Rhonda Copelon, John Corwin, CCR; U.S. amicus: Robert B Owen, William T Lake, Stefan A Riesenfeld, Charles Runyon, Linda A Baumann, Dept of State; Drew S Days III, John E Huerta, Brian K Lansterg, Irwin Gornstei, DoJ

9/21/72: Philippines Pres Marcos declared martial law near end of elected term. 1972-86: Marcos directed systematic repression of political opposition in Philippines. 2/25/86: Marcos fled to HI. 3/86: Philippine citizens, expatriates, filed 3 suits in HI, 2 in CA: wrongful death, false imprisonment, torture (UN 23 ILM 1027 (1984), PL-101/2.3), intentional infliction of emotional distress, violation of int'l law (Alien Tort Claims Act, 28 USC §1350): act of state doctrine inapplicable to lawless acts contrary to public interest, furthering Marcos' personal power, where established int'l law principles prevail.

• 7/18/86: Fong, DJ, dism'd HI suits: act of state doctrine. 1/22/87: Williams, DJ, dism'd CA suits: act of state doctrine. 10/87: U.S. Gov't filed amicus brief on behalf of Def: int'l human rights cases should not be heard in U.S. fed'l cts (reversing Govt's position in PL-19/31.1). 7/10/89: 9th Cir rev'd, remanded. 1990: DJ entered default judgment against Def. 10/27/90: Sen ratified (136 Cong Rec S17486, PL-623/50.2). 5/13/91: Real, DJ: torture, death, execution of Archimedes Trajano constituted gross violation of fundamental human rights — tort under law of nations, awarded Pl-estate of deceased $411,000 damages for lost earnings, moral damages (physical suffering, mental anguish, wrongful death, execution); awarded Pl-mother of deceased $1,250,000 for mental anguish; $250,000 atty fees; $2.5 million punitive damages (Philippine Civ C Arts 2229, 2231). 1991: Cong passed Torture Victim Protection Act, 106 Stat 73 (1992). 10/21/92: 9th Cir aff'd, Rymer, CJ: 1) DC had subject matter jurisdiction under 28 USC §1350; FSIA, 28 USC §1330 not applicable; 2) DoJ "flip" on "not a

Sherry Broder, 345 Queen St Ste 800; Lillian Ramirez Uy, 1850 Pioneer Plaza, 900 Fort St Mall; Peter C Labrador, 33 S King St #402; all Honolulu, HI 96813; Jon Van Dyke, 41-911 Laumilo St, Waimanalo, HI 96795; David Cole, CCR, 666 Broadway, 7th Fl, NY, NY 10012; Jules Lobel, U of Pittsburgh Law School, 3900 Forbes Ave, Pittsburgh, PA 15260; Harold Koh, Yale Law School; Paul Hoffman, ACLU, 633 S Shatto Pl, Los Angeles, CA 90005

See PL-298/30.8; PL-300/30.5; PL-375/23.18; PL-393/30.9

2/92: Pl sought injunction to stop testing of unlicensed experimental Hepatitis A vaccine on Native American children/infants on reservations w/out informed consent of parents: violation of int'l human rights law, U.S. Const, fed'l regs re medical experimentation on human subjects, U.S.-Oglala treaty obligations.

• Battey, DJ: denied injunction. 1/93: 8th Cir, Bowman, CJ: appeal moot: gov't suspended testing at Standing Rock, Pine Ridge reservations.

Matthew J Chachere, CCR, 666 Broadway, 7th Fl, NY, NY 10012; Bruce Ellison, Rapid City, IA

1965: Cong passed Voting Rights Act, §4(e): no person who successfully completed 6th grade in Puerto Rican school in which predominant language was not English shall be denied right to vote in any election because of inability to pass English literacy test. Pls-NY City voters sought declaratory judgment, injunction restraining compliance w/ Act: unconstitutional for prohibiting enforcement of NY election laws requiring ability to read, write English as condition of voting (NY Const Art 2, §1, Election Law NY §§150, 168).

• 11/15/65: Holtzoff, J: granted declaratory, injunctive relief. Defs appealed directly to USSC. 6/13/66: USSC rev'd (7-2), Brennan, J: application of Act to prohibit enforcement of NY literacy requirement was proper exercise of powers granted to Cong by enforcement section of 14th Amdt, U.S. Const supremacy clause.

Alfred Avins, Memphis, TN

Pls filed suit against private schools, admrs: Pls' children excluded from private schools solely on basis of race; deprivation of civil rights.

• DJ found for Pls; claim for damages barred by limitations. 4th Cir aff'd, denied atty fees to Pls. 6/25/76: USSC aff'd (7-2), Stewart, J: Civil Rights Act provides all persons under U.S. jurisdiction shall have equal rights to make, enforce contracts; applying stat to private schools does not violate rights to free association, privacy under U.S. Const, parents' right to direct children's education. (White, Rehnquist, JJ, diss).

1854-55: U.S., various Indian tribes signed treaties protecting tribal fishing rights. 9/70: U.S., on own behalf, as trustee for 7 tribes, sued WA: sought interpretation of treaties, injunction requiring state to protect Indians' share of fish from non-tribal fishers. 7 additional tribes, commercial/sports fishing orgs intervened.

• 2/12/74: Boldt, DJ: state could regulate fishing rights for conservation only, Indians entitled to ½ of fish passing through tribal grounds. 6/4/75: 9th Cir, Choy, CJ, aff'd, remanded for continuing jurisdiction. Pl-Commercial Fishing Assn sued state in state ct: sought declaratory judgment that fishing regs promulgated in compliance w/ fed'l order invalid. Super Ct, Alexander, J: regs invalid. 8/12/76: WA Sup Ct dism'd (5-4), Rosellini, J. Gillnetters Assn sued, seeking writ of mandamus requiring state to restrict regs to conservation,

5/75: TX legislature passed Education C Ann §21.031 withholding from local school dists any state funds for education of, to deny enrollment to children not legally admitted to U.S. 9/77: Mexican children residing in U.S. filed class action seeking injunctive, declaratory relief against exclusion from public schools.

• 1977: DC enjoined Def from denying free education to Pl class. 1980: DC: illegal aliens entitled to 14th Amdt equal protection. 10/20/80: 5th Cir: OAS Charter Art 47 was partial evidence of U.S. Govt's commitment to expanding educational opportunities for all children. 6/15/82: USSC (5-4): §21.031 violates 14th Amdt equal protection, state's concern to save money by excluding aliens from schools not compelling interest.

Peter D Roos, Larry Daves, Vilma S Martínez

See PL-105a/32.2

• Consolidated w/ PL-105/32.2.

Peter A Schey, Al Campos, Larry Mealer, Jane Swanson

1/9/80-6/2/81: Gleason-ILA Pres decided to boycott incoming shipments of Soviet goods as protest against Soviet troop activities in Afghanistan. Pl-importer of plywood, hardboard from USSR, claimed damages for refusal of members of Def's locals to unload material during boycott. 3/31/80: Pl sued: Def's actions violated: 1) NLRA prohibition against secondary boycotts, 29 USC §158(b)(4), for which Pl had private right of action under 29 USC §187; 2)

• 6/17/80: Skinner, DJ, dism'd: Pl stated no cause of action. 1/6/81: 1st Cir, Campbell, CJ, rev'd. 4/20/82: USSC aff'd (9-0): Pl's complaint stated cause of action under NLRA: Def's actions based solely on political motives, however commendable, effectively placed heavy burden on neutral employers, secondary boycott provisions designed to prevent this type of burden; Pl's allegation of violation of NLRA does not infringe 1st Amdt rights of Def; conduct designed not to communicate but to coerce merits little consideration under 1st Amdt. Pl sued in DC MA, moved for partial summary judgment on liability. 10/1/82: Skinner, DJ, granted motion: NLRB finding that union, through boycott, committed unfair labor practices would be given collateral estoppel effect. Pl sued for damages for out-of-pocket expenses, lost favorable trade arrangements, lost profits. 9/19/86: Skinner, DJ, awarded damages to Pl: $8,055,490 plus prejudgment interest at 8% from 11/1/85 to date of judgment, plus costs.

Ernest L Mathews Jr, Thomas W Gleason, Charles R Goldburg

9/30/83: House passed HR 4042, conditioning continuance of U.S. military aid to El Salvador on Pres' semiannual certification of El Salvador's progress protecting human rights. 11/17/83: Sen passed bill. 1984: Barnes, 32 other House members sued Defs-Burke-U.S. Archivist, Geisler-White House Exec Clerk, challenging Pres Reagan's pocket veto. Both parties moved for summary judgment.

• 4/9/84: Jackson, DJ, dism'd: Defs' motion for summary judgment granted, Pls' motion denied. 4/25/85: DC Cir, McGowan, CJ, rev'd. 1/14/87: USSC vacated, remanded (6-2): issues concerning whether bill had become law mooted when bill expired by own terms, regardless of whether it had previously been enacted into law.

Morgan J Frankel, Washington, DC