spiralsheep: Flowers (skywardprodigal Cog Flowers)
[personal profile] spiralsheep posting in [community profile] politics
If any of the people on this com who're more aware of the subtleties of the US "justice" system than I am, or at least have useful links to share, could help me understand WTH is going on in this case then I'd be grateful.

News via: http://nothingiseverlost.wordpress.com/2012/10/11/leah-lynn-plante-a-third-anarchist-comrade-jailed-for-silence/

Leah's statement on tumblr: http://leahxvx.tumblr.com/post/33298924637

Leah's statement at anarchist news: http://anarchistnews.org/content/we-are-made-star-stuff-statement-leah-lynn-plante

I first heard this story via: http://nothingiseverlost.wordpress.com/2012/09/29/katherine-olejnik/

Write to the three prisoners: http://supportresist.net/letters.html (my postcards are on their way).

Date: 2012-10-13 10:48 pm (UTC)
giandujakiss: (Default)
From: [personal profile] giandujakiss
It sounds like she's being jailed until she agrees to testify. If a court compels you to do something and you refuse, you can be held in jail until you do it. The U.S. Constitution protects people from being forced to give evidence that can incriminate them, so sometimes people can refuse to give court-ordered testimony on that basis, but that rule doesn't apply if the prosecutor grants you immunity for your own crimes because he/she is seeking information on someone else. Here, she was ordered to give testimony, and was promised that she would not be prosecuted for any crimes she herself committed, and she refused, so she was jailed until she complies.

Re: Ta!

Date: 2012-10-13 11:33 pm (UTC)
giandujakiss: (Default)
From: [personal profile] giandujakiss
Well, you have to keep in mind that usually this power is used to force people to testify in serious crimes. I mean, this is how you get drug rings and other kind of conspiracies. It's really pretty standard throughout criminal prosecutions. It's also common in civil actions - one guy was jailed for contempt because he refused to reveal his assets to his wife in a divorce action. Jail and fines are really the only way to get people to comply with a court order.

Re: Ta!

Date: 2012-10-13 11:46 pm (UTC)
giandujakiss: (Default)
From: [personal profile] giandujakiss
But I don't know what crime they're pursuing. I see a lot of blog posts about attacking anarchists but I'm unclear what crime they're investigating. And possibly yes, it's a trumped up charge for political harassment - in which case the problem isn't civil contempt, the problem is that the prosecutor is not pursuing an actual crime. But I don't know that because I can't tell from the posts what crime they're seeking information about. I mean, it's clear that this is an anarchist group, but that doesn't mean someone didn't actually commit a crime worth investigating. But then I didn't read all that carefully so maybe the information is there.


Discussion of All Things Political

January 2013

2728 293031  

Most Popular Tags

Page Summary

Style Credit

Expand Cut Tags

No cut tags