not the motorcycle diaries

“A federal magistrate in Albuquerque took under advisement Thursday a government motion to exclude evidence related to the war in Iraq at next month’s civil disobedience trial of eight anti-war protesters.

The eight, cited by Homeland Security officials in September for ‘failing to conform with signs and directions’ during a protest at the downtown Santa Fe federal building, had promised to put the war on trial” in Magistrate Don J. Svet’s courtroom.

A group that included a student, several retired people and a Jesuit priest tried to have an unscheduled meeting with the staff of U.S. Sen. Pete Domenici, R-N.M., saying they wanted the senator’s signature on a document calling on Congress to end funding for the war and withdraw U.S. troops.

After being denied a meeting for the whole group, they walked into an elevator, sat down and began reading aloud the names of American soldiers and Iraqi citizens killed in the fighting. Officers then removed and cited the protesters, who later declined to pay a fine.

The action was one of 375 organized Declaration of Peace events around the country last September.

The government asked the judge to prohibit the defendants from directly mentioning such things as the justification, legality, cost, conduct, consequences and impact of the war in Iraq.

At Thursday’s hearing, the judge said he would rule during the proceedings on what testimony he would allow, and the group, who refer to themselves as the Elevator 8, agreed they wouldn’t drag out the testimony.

The defendants “have strong feelings and want those feelings known,” Assistant U.S. Attorney William Pflugrath said.

“That’s well within their right,” he said.

Clearly, he added, the defendants are permitted to explain in court why they were at the federal building, but “questioning the constitutionality of the president’s action under the War Powers Act is a gray area.”

Although the judge has set aside a full day for the trial, Pflugrath said the charge is “fairly minor,” and the government plans to call as witnesses only the security officer at the building, the federal protection service agent who issued the citations and possibly Domenici’s office manager.

Defendant Bud Ryan, co-coordinator of the Roman Catholic peace group Pax Christi New Mexico, said the defendants plan to present testimony from character witnesses and might even try to subpoena Domenici.

According to Ryan, “It’s pretty clear that it’s his office policy that anybody who doesn’t agree with him gets the short shrift on everything.”

The trial was first scheduled for January, and Ryan said he hoped it would not be postponed again. “If we lose and I go to jail, I want to get it (the sentence) over with. I’m one of the main people promoting Hiroshima Day” in Los Alamos in August, Ryan said.

Only six of the original defendants were in court Thursday. The Rev. John Dear, a longtime peace activist, and one other person were traveling. Jordan McKitrrick, 15, who was also cited, was dropped from the case because of his age.

The trial is scheduled for April 12 at the federal courthouse at 421 Gold Ave. SW in Albuquerque.”

– From The New Mexican, March 22, 2007, at the Declaration of Peace website.