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by cnajan
Wednesday, Jul. 02, 2003 at 6:48 AM
RAISE THE FIST UPDATE: Judge wants 8-10 months jail time, but first wants suggestion from head Director of the FBI, Robert S. Muller, and the Justice Department in Washington, DC. Sentencing delayed July 28th.
On June 30, 2003, raisethefist.com founder/webmaster Sherman Austin went to court for sentencing, which was expected to be 4 months in jail, and 4 months in a community corrections facility which was recommended by the USPO and prosecutors.
Austin's lawyer (public defender Ron Kaye) opened up with an introduction consistent on stating he was a non-violent person who knowingly realized he acted immaturely at the time of posting the "reclaim guide" to his site when he was 18 (he is 20 now). His lawyer further stressed how Austin went under a psychological examination by an expert. In the analysis the psychologist found Austin to be non-violent by nature, but unaware of what the consequences could be if the posted information was access by someone wanting to hurt others. The psychologist recommended Austin do community service rather than be put in a violent atmosphere such as jail.
The Judge had a different plans.
After a few minutes into the introduction, Judge Wilson expressed how he felt the sentencing range should be based on the crime not on the psychological analysis. The atmosphere of the court room immediately turned political as he stated "this should be looked at with more of a deterrence outcome to future Revolutionaries wanting act in a similar manner". Judge Wilson then criticized the prosecutors for agreeing to a plea that was only 4 months in jail, stating "out of all the nonsense cases you bring me, you finally bring something serious but don't take it serious".
Austin's lawyer tried to assure the Judge that he was not a violent person and that the psychological evaluation report attached to the pre-sentencing indicated that Austin was indeed a non-violent person, the prosecutor stated how the recommended sentence of 4 months in jail and 4 months in community corrections seemed appropriate, however the judge didn't care.
He expressed his wanting to make an example out of Austin by saying this case should be looked at with more of a deterrence outcome for those wanting to act the same as Austin in the future.
Judge Wilson stated 4 months jail time was too little punishment, and said he wanted Austin to serve at least 8-10 months jail time. But before making his final decision, he said he wanted to hear the opinion and recommendation coming directly from the FBI. No, not from the FBI agents working on the case, but the head Director of the FBI, Robert S. Muller, and the Justice Department in Washington, DC.
Austin's sentencing was rescheduled to June 28th.
Raise the Fist was started in Los Angeles, CA by Sherman Austin on President's Day of 2000. At the time the site was run off a home DSL line and a small computer network which Austin maintained. Over time as the site developed, it started catching the attention of authorities who began monitoring the site daily. As the site began to get more popular, the FBI and Secret Service decided to shut it down by raiding Austin's home with 25 heavily armed FBI and Secret service agents under the U.S Patriot Act with the excuse of a protest manual referred to as the "reclaim guide" being posted to his web site which contained information on the manufacture of common-knowledge explosive devices.
A week later Austin was arrested by the FBI for distribution of information related to explosives over the internet, and spent 13 days in maximum security federal jail until being released with prosecutors deciding not to file an indictment. Immediately after Austin's release, he got the site back online despite the repression from authorities. Since then the site has grown and expanded into a network with chapters set up around the U.S, and soon internationally.
6 months later federal prosecutors decided they weren't going to let Austin off the hook and presented him with a pre-indictment binding plea. Either Austin was to take the plea or risk a potential 22 years in federal prison.
Austin is being charged with a felony conviction: FELONY 18 U.S.C. 842 (p)(2)(A): DISTRIBUTION OF INFORMATION RELATING TO EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAPONS OF MASS DESTRUCTION WITH THE INTENT THAT SUCH INFORMATION BE USED IN FURTHERANCE OF A FEDERAL CRIME OF VIOLENCE. Austin entered a plea with a sentencing range between 8-14 months. If going to trial Austin faces a potential "Terrorism Enhancement" which can add an additional 20 years to his sentence.
www.raisethefist.com
by Meyer London
Wednesday, Jul. 02, 2003 at 1:17 PM
Destructive devices? Why, every ROTC instructor and Marine Corps drill instructor will have to be arrested then, especially since they give their trainees hands on training in how to use these things. Who trained those guys in the Gulf to fire cruise missles that may have killed thousands of civilians? Didn't people like that get tried at Nuremburg?
by henny penny
Wednesday, Jul. 02, 2003 at 1:30 PM
So... because the U.S. Armed Forces have weapons and explosive, then 18 year old civilians should as well? What kind of logic is that?
If it was the KKK that got arrested posting materials online that instructed people on the construction of bombs... you'd be screaming "lock 'em up!" But because it's one of your "anarchist" pals... you whine about political repression.
by Geoffrey
Wednesday, Jul. 02, 2003 at 1:30 PM
bearobot@aol.com
Seriously, this shit was bad enough when Sherman was facing the 4/4, but now Wilson has to bring in the director of the FBI?
I can do a google search right now and find a great deal of sites that offer the same material that is in question here. This is nothing less than selective prosecution, carried out with a great deal of malice on the part of Judge Wilson.
If I am not mistaken, this is the second time in the brief history of this case that Wilson has directly gone against the wishes of the prosecution on this case and tried to impose an even greater sentence than what they had wanted.
I find it hard to believe that a protest/call-in/fax/letter writing campaign to this prick will do anything but coax him into dishing out a more severe sentence. What else is there to do?
by Meyer London
Wednesday, Jul. 02, 2003 at 2:22 PM
Maybe 18 year olds shouldn't be fooling with explosives and military people shouldn't be murdering thousands of people with cruise missles.
by Meyer London
Wednesday, Jul. 02, 2003 at 2:24 PM
Since when does the FBI Director have any legal standing to help decide how many years a person gets in prison? This is worse than the McCarthy Era; I am sure that judges consulted J. Edgar about sentencing back then but I am sure they didn't do it in public.
by dede
Wednesday, Jul. 02, 2003 at 4:42 PM
1. Sherman did not author the reclaim guide that delt with explosive information 2. Sherman only posted a link to the reclaim guide, which mostly delt with security culture and protest tactics, and only a small portion delt with common knowledge explosives - such ammeature information provided didn't even fully explain how to successfully manufacture such incidinary devices. 3. You can go to howthingswork.com and type in exlposives and get detailed instructions on how to make Dynamite, Nuclear Bombs, C-4, Stinger missles, learn how biological and chemcial warfare works, how Dirty Bombs work..etc. 4. The White Resistance Manual at http://members.odinsrage.com/white88/WRMMainpage.htm (posted all over the internet) contains information on explosives, firearms, arson, sabotage, assassination, threats, vandalism, and acquiring funds through counterfeiting, fraud, robbery and smuggling to sustain a large-scale guerrilla campaign. 5. The case against Austin is nothing more than to make a political example.
by J.P.C.
Wednesday, Jul. 02, 2003 at 5:09 PM
I have looked but could not find on-line the court transcripts. Does anyone have a link? I would prefer to read the transcripts of what was said in court and descide for myself rather than rely upon a third-person account.
by ahbn
Wednesday, Jul. 02, 2003 at 5:11 PM
the article was written by someone who attended the court date. we are working on getting the transcripts.
by Sarah
Wednesday, Jul. 02, 2003 at 7:40 PM
If your interested in the transcrips of the June 30th sentencing of Sherman Austion call the courthouse ask for Lena Villegas at 213-680-1265.
Sherman's hearing was suppose to be heard at 11, but started at around 11:50am and was #7.
The trancrips may cost you anywhere around $100-$200, but double check if you can.
by Sarah
Wednesday, Jul. 02, 2003 at 7:41 PM
If your interested in the transcrips of the June 30th sentencing of Sherman Austin call the courthouse ask for Lena Villegas at 213-680-1265.
Sherman's hearing was suppose to be heard at 11, but started at around 11:50am and was #7.
The trancrips may cost you anywhere around $100-$200, but double check if you can.
by anonymous
Wednesday, Jul. 02, 2003 at 11:55 PM
First they came for the anarchists and i did nothing to stop them-- Because I was not an anarchist. Then they came for the communists and i did nothing to stop them-- Because i was not a communist. Next they came for the Jews and i did nothing to stop them-- because i was not a Jew. Next they came for the Trade Unionists and i did nothing to stop them-- Because i was not a Trade Unionist. Then they came for ME- and by that time there was noone left to help.
by anarchist
Thursday, Jul. 03, 2003 at 7:54 AM
its about helping others that cant help themselves. standing up for the values of justice and liberty. and freedom for all. not just the sheep like you.
by pr
Thursday, Jul. 03, 2003 at 12:07 PM
It's a matter of public record. Shouldn't cost nothing. They probably just ain't got it up on-line yet.
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