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Federal magistrate dismisses charges against Md. peace activists

By The Associated Press
01.26.06

BALTIMORE — A federal magistrate judge yesterday dismissed charges against two peace activists who were cited after a visit to the National Security Agency where they wanted to meet with the director of the secretive agency that conducts surveillance for the government.

The judge’s decision came hours before President Bush was scheduled to visit the NSA as he sought to strengthen his campaign to explain the need for domestic spying to counter terrorism.

Ellen Barfield and Max Obuszewski, who are members of the group Pledge of Resistance-Baltimore, were charged with disturbance of protected property during their July 2 visit to the site at Fort Meade between Washington and Baltimore. The offense was punishable by up to 30 days in jail and a $50 fine.

The two activists, who wanted to discuss the agency’s involvement in the war in Iraq, were scheduled for trial in U.S. District Court in Baltimore. But Magistrate Judge Beth Gesner said she had trouble with the charges because the activists had been told to move from one protected area at the NSA to another protected area, so she couldn’t see how the law had been broken. She also said the government should have produced documents that were requested by the defense.

Army lawyers said the documents needed to be reviewed because they cover details about NSA security personnel. But Carrie Corcoran, a public defender representing the activists, said the government had failed to produce the documents after several requests.

“They simply haven’t done what they were supposed to do,” she said.

Obuszewski, who brought a small statue of Don Quixote with him to court, said he planned to keep protesting the war in Iraq and the NSA.

“I brought Don Quixote in because we’re going to keep tilting at the windmills,” Obuszewski said. “We don’t have any illusions that we’re going to make any great changes, but we can sleep well at night because we’re speaking out.”

Obuszewski and Barfield were among eight activists who went to the NSA on July 2. They walked from a museum on the grounds that is open to the public to a guard station, where they were told to return to the parking lot. Obuszewski and Barfield remained and were issued citations.

The group of activists also have been seeking government documents relating to NSA’s monitoring of the group during protests. Obuszewski said the group has been granted access to the documents through a Freedom of Information Act request, but the group is trying to avoid paying a $1,915 copying fee.

The group has been conducting protests at the NSA for years.

Sister Ardeth Platte, who was freed last month after serving more than two years in prison for breaking into a Colorado missile silo and defacing it with her own blood in protest, attended the court proceeding to show support. She was joined by Sister Carol Gilbert, who was convicted with Platte in the missile silo incident.


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