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by JMR
Wednesday, Sep. 24, 2003 at 3:32 AM
Sherman's situation
remains of critical concern
Thank you to everyone who has faxed Dianne Feinstein. Sherman's situation remains of critical concern, and every effort matters. While many of you have contacted Feinstein or sent letters, we are also collecting signatures for a version of the letter that will be made public and distributed widely. In the coming weeks, a Free Sherman website, www.freesherman.org will be up and running.
That site will include the letter with a list of signatures, updates on Sherman’s legal situation,
links to information, and ways to get involved. In the meantime, if you would like your name to appear on the PUBLIC letter of support, please send a message to ahurley@stanford.edu. Group endorsements are also welcome. Please include your title and/or how you would like to be listed. You should also include your address and contact information in the event that signatures need to be verified. A work address is also acceptable. None of this information will be shared or made public. This is simply to prevent any false signatures from appearing.
A copy with a preliminary list of signatures is pasted below. You'll notice that the letter is introduced by a statement of support from Noam Chomsky and that people such as Howard Zinn and Zack de la Rocha have already signed.
Thanks!
Here it is:
“The events reported in the statement below are deeply troubling. Sherman Austin appears to be the victim of a serious miscarriage of justice, and I hope that this matter is pursued quickly, fairly, and justly.”
Noam Chomsky
We, the undersigned, are united in our opposition to the selective prosecution and imprisonment of Sherman Austin, a twenty year-old African American webmaster and activist. Sherman¹s sentencing sets a dangerous precedent for the future of our right to express dissent and marks a troubling escalation in the criminalization of critical thinking and the erosion of the very civil liberties and rights our society purports to value.
On September 3, 2003 Sherman Austin surrendered himself to begin a one-year term in federal prison for the contents of a website that was authored by another boy and linked to Sherman's site, www.raisethefist.com, on a free-hosting area Sherman provided there. The other boy's site included a direct link to the "Reclaim Guide,² a manual that provides crude instructions on how to build explosives. While this boy has not been charged with any crime, Sherman, who had no part in writing or posting any of the offending material, was prosecuted under a 1997 law sponsored by Dianne Feinstein that makes it illegal to distribute information related to explosives with the intent to use that information in a "federal crime of violence."
Numerous websites feature bomb-making instructions, and while such information is easily accessed via the internet and online bookstores such as amazon.com, Sherman, who has no history of violence and who did not write the "Reclaim Guide,² is the first person to be charged under this law. The key element in the case against Sherman hinged on the question of "intent." Because Sherman's site is critical of U.S. government policy, police brutality, globalization, and racism, the prosecution and judge maintained that his politics provided grounds for proving intent.
Senator Feinstein, in a press release issued the day Sherman entered prison, expressed ³dismay² that prosecutors had not pursued the ³bombmaking² law ³aggressively² enough as a ³tool in fighting terrorism.² We ask, why is it that a nonviolent twenty year-old, someone whom the California Department of Corrections Senior Staff Psychologist determined ³does not represent a risk to society whatsoever² and described as ³a very, very peaceful, mild-mannered² person, has been sentenced under this law while others who present clear and identifiable threats, such as certain white supremacist and anti-choice organizations, have been permitted to distribute bombmaking information and make direct threats on individuals, clinics, and groups? We contend that the selective prosecution of Sherman Austin had everything to do with his race, his politics, his effectiveness as an internet activist, and his mother¹s lack of financial resources to mount an aggressive legal defense. We find it significant and telling that the actual author of the site directly linked to the "Reclaim Guide" is the son of affluent and conservative white parents.
We also question the validity of Sherman¹s plea itself. Sherman, who was eighteen years-old when this case began, was told a "terrorism enhancement" would be applied to his case if he went to trial. This meant that he could have been subjected to an additional 20 years in prison if found guilty. We challenge the notion that a plea made under such circumstances could be truly voluntary. Sherman accepted two plea bargain agreements, one of which the judge rejected, sentencing Sherman to a term longer than what the prosecution suggested.
As is evident in the court transcripts, the decisions of U.S. District Court Judge Stephen V. Wilson were neither fair nor impartial. He stated that he hoped Sherman¹s case would serve as a deterrent to other activists and ³revolutionaries² and that he wanted to "send a message" by subjecting Sherman to a harsher sentence. As activists, educators, artists, and concerned individuals, we stand together to send a message back to Judge Wilson. We will not be silenced or deterred.
Many of us have published, recorded, performed, or presented work that is critical of U.S. foreign policy, domestic examples of social injustice, and the effects of globalization. Some of us have made statements that could provide even more compelling grounds for applying the standard of ³intent² invoked in Sherman¹s case had we offered free-hosting website space that the author of the ³Reclaim Guide² could have used. Because Sherman is now serving time in federal prison for having expressed opinions not unlike our own, we feel compelled to speak out lest we be next.
Two days after entering prison, Sherman was moved into isolation because of death threats made by white supremacist groups. Thanks to numerous calls, faxes, and letters sent to prison officials, Sherman has now been transferred, but his safety in prison remains a concern. In the words of the Department of Corrections Psychologist, Sherman ³is likely to become a victim by virtue of his youth, slight build and naiveté. He is totally unprepared to defend himself in such a setting. He is more likely to become brutalized by the experience than to learn from it."
We support the efforts underway to challenge the terms of Sherman's plea and probation, and we demand that prison and government officials ensure the safety of Sherman Austin while he remains in custody.
Michael Albert Z Magazine and Znet
Antonio Austin
artist and writer
Melanie Austin
Rachel Austin
graphic artist
Shermane Austin, Ph.D
Associate Professor, Computer Science
Medgar Evers College
The City University of New York
http://nrts.mec.cuny.edu/saa/
Blase Bonpane, Ph.D. Director, Office of the Americas
Margaret B. Carey Attorney at Law Denver, CO
Alison Chubb, Ph.D. Biologist and videographer Redwood City, CA
Nicholas De Genova Assistant Professor of Anthropology and Latina/o Studies Columbia University
Zack de la Rocha
Folk This!
James Fujii Associate Professor of Japanese Literature University of California, Irvine
Paul George Director, Peninsula Peace and Justice Center Palo Alto, CA
Theodore Harris artist Philadelphia, PA
Patricia Hartz, Ph.D. Humanities University of California, Irvine
Julie Hoigaard, Ph.D. Social Science University of California, Irvine
Adrienne Carey Hurley, Ph.D. Stanford Institute for International Studies Ramsey Kanaan AK Press
Roger Linn
Roger Linn Designs
http://www.rlinndesign.com/
Josh Lofthouse Red Deer, Alberta, Canada
Futoshi Nakagawa Tokyo, Japan
Anahita New (U.K. National) Bangkok, Thailand
David Remer Frankfurt, Germany
Jennifer Martin Ruggiero Teacher of Computer Science & Imaging
Stephen Ruoss, M.D. Associate Professor Stanford Medical School
Carla Williams writer and artist Oakland, CA
Deborah Willis-Kennedy Professor of Photography & Imaging Tisch School of the Arts New York University
Armando Yañez San Jose, CA
Prof. Howard Zinn
http://www.howardzinn.org/
by nonanarchist
Wednesday, Sep. 24, 2003 at 7:50 PM
Yay! They'll let Sherman out now!
And Mumia, and the Chicago Seven, and any other idiots caught doing something illegal whom you yo-yos think is a "political prisoner".
Chomsky needs to rent a 10-story crane to get over himself.
Ooops! Did I say something heretical?
by KPC
Wednesday, Sep. 24, 2003 at 7:57 PM
Nope...you ain't capable.....
...too fuckin' dim......
by nonanarchist
Wednesday, Sep. 24, 2003 at 7:59 PM
Didn't mean to insult your hero.
Oh, wait...yes, I did.
by KPC
Wednesday, Sep. 24, 2003 at 8:02 PM
Nope...you didn't...
....still too fuckin' dim.....
by KOBE SBM
Wednesday, Sep. 24, 2003 at 8:03 PM
Thank you for making it easy for us to identify the seditionists. Now that we know who sympathizes with anarchists, we can systematically remove them from positions of prestige and power. EXCELLENT.
by nonanarchist
Wednesday, Sep. 24, 2003 at 8:17 PM
Chomsky is a self-important pompous windbag who traded an imaginary theory in linguistics into a lifetime of political celebrity, talk show appearances, and endless printed drivel blaming America for every ill under the sun, real or imagined, using "evidence" carefully crafted to prove his ideas, blithely ignoring facts which contradict his pronunciations.
Those who hang on his every word are no better than Limbaugh's dittoheads, using fawning hero-worship instead of independent thought.
His obvious hatred of America is made even more disgusting by the fact that he doesn't hesitate to take advantage of its opportunites. His hypocrisy knows no bounds, and yet is not recognized by his sycophants. To them, he is a folk hero, rather than what he actually is: a hack, riding the wave of the self-loathng Left, grabbing after fame and fortune within a system he professes to abhor.
There...that sounds pretty accurate, doesn't it?
by Reality Check
Wednesday, Sep. 24, 2003 at 8:21 PM
nonanarchist... That is absolutely the finest, most accurate description of Chomsky I've ever had the pleasure of reading. Well done!
by nonanarchist
Wednesday, Sep. 24, 2003 at 8:21 PM
Relax, KOBE. Sympathizing is all they CAN do.
It's not like there will EVER be an anarchist revolution, after all.
Let them have their little dreams of their little Utopia, because we all know it's never going to happen.
Meanwhile, they're easy to spot, muttering into their coffee, peeking over their shoulders to see who might be watching them...
by nonanarchist
Wednesday, Sep. 24, 2003 at 8:23 PM
But I'm afraid the imc crowd will sentence me to 10 "Hail Mumia"s as pennance for my blaspemy.
by anti-troll alert
Wednesday, Sep. 24, 2003 at 8:24 PM
Fresca , nonanarchist, smashtheleft, Real check and KOBE are the same pitiful shit .I know,You know, everybody know.You postings are ZERO intellectual ZERO interested and you help on this board is - ZERO.Only you believe you poor opinions and arguments. You online harassment are Unbelievably pathetic and highly ineffective . You are unloved and unwelcome.Don't waste you time here. Fuck off !!!
by kgj;lc
Wednesday, Sep. 24, 2003 at 8:24 PM
...... Chomsky is riding this "Blame American First" gravy train all the way to the bank. Good capitalist!
by nonanarchist
Wednesday, Sep. 24, 2003 at 8:25 PM
What, exactly, are you afraid of?
by attention: anti-toll alert
Wednesday, Sep. 24, 2003 at 8:28 PM
>Fresca , nonanarchist, smashtheleft, Real check and KOBE are the same pitiful shit .I know,You know, everybody know.You postings are ZERO intellectual ZERO interested and you help on this board is - ZERO.Only you believe you poor opinions and arguments. You online harassment are Unbelievably pathetic and highly ineffective . You are unloved and unwelcome.Don't waste you time here. Fuck off !!!
Ignore us! Pretend we're not here. Don't react to any of our comments. Don't acknowledge us. If you do that, eventually we'll leave. I've already told you this. You still haven't done it. Just how stupid are you?
by KPC
Wednesday, Sep. 24, 2003 at 10:04 PM
Fido : "His obvious hatred of America is made even more disgusting by the fact that he doesn't hesitate to take advantage of its opportunites."
...oooh...he takes ADVANTAGE of OPPORTUNITIES...without HESITATION!
...what a scoundrel!
by nonanarchist
Wednesday, Sep. 24, 2003 at 10:22 PM
Because he's taking advantage of the very system he abhors.
You know, like you complaining about the erosion of civil rights as you sit there safe and secure, freely expressing your opinion to a (theoretically) world-wide audience.
by KOBE SBM
Wednesday, Sep. 24, 2003 at 10:25 PM
"It's not like there will EVER be an anarchist revolution, after all. "
Well put. You know, I was watching my neighbor wash her car, and I saw her point the hose at the corner of her yard while doing so. Suddenly, about 2 million little ants started boiling out of the ground, some carrying eggs, others struggling in the water (which to them must be a flood of epic proportions). I thought to myself "That is anarchy".
Every living creature, plant and animal, organizes their kind in hierarchial structures (proto-government), based on dominance and submission. The fossil record shows that all humanoids, and prehumans also did this. New evidence is emerging that the dinosaurs did it too. There is NO analogy to functional anarchy in nature, except: fire, plasma, explosions, gas, and the spread of disease.
I find the efforts of "anarchists" to be unproductive and pointless. Perhaps they think its cool?
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