Federal judge orders Y-12 protesters jailed until September sentencing

Y-12 Plowshares Protesters

Pictured above are the three anti-nuclear weapons protesters who broke into the Y-12 National Security Complex and vandalized a uranium storage building on July 28. From left, they are Michael Walli, Megan Rice, and Greg Boertje-Obed.

The three protesters who broke into the Y-12 National Security Complex in July and vandalized a uranium storage building must stay in jail until they are sentenced Sept. 23, a federal judge said Friday.

The three protesters—Greg Boertje-Obed, 57; Megan Rice, 83; and Michael Walli, 64—had sought to be released until their sentencing hearings this fall. They each face up to 30 years in prison.

But U.S. District Judge Amul R. Thapar denied that request in a four-page order filed late Friday afternoon. [Read more...]

Y-12 protesters guilty of two federal charges, jailed overnight

The Fruit of Justice is Peace Slogan on HEUMF at Y-12

Three anti-nuclear weapons activists who sneaked into the Y-12 National Security Complex on July 28 splashed human blood and, quoting Proverbs, sprayed paint on the Highly Enriched Uranium Materials Facility. The protesters also hammered the building, causing it to chip, and strung up crime scene tape. (Submitted photo)

KNOXVILLE—The Catholic nun, house painter, and laborer who broke into the Y-12 National Security Complex in July and splashed human blood and spray-painted slogans on a uranium storage building were found guilty on two federal counts Wednesday, one charging them with property depredation of more than $1,000 and the other alleging they willfully injured national defense premises.

The three protesters—Megan Rice, 83; Michael R. Walli, 64; and Greg Boertje-Obed, 57—were taken to the Blount County jail after the verdict was read at the end of a two-day trial in U.S. District Court in Knoxville. Dozens of courtroom supporters sang softly as the three anti-nuclear weapons activists were taken into custody after about 2.5 hours of deliberations by the nine men and three women on the jury panel.

Boertje-Obed, Rice, and Walli have a detention hearing on Thursday morning. Each faces up to 30 years in prison. [Read more...]

Court will not limit time for jury examination in Y-12 protester case

A federal judge will not limit the time used to examine prospective jurors during jury selection on May 6 in the trial against three anti-nuclear weapons activists accused of breaking into the Y-12 National Security Complex last summer and vandalizing a uranium storage building.

As previously reported, attorneys for the defendants—Greg Boertje-Obed, Megan Rice, and Michael Walli—had asked for six hours for jury selection because of the publicity the unprecedented security breach has generated. [Read more...]

Y-12 evaluation: Some excellent ratings, but unsatisfactory on security, UPF

Y-12 National Security Complex

Y-12 National Security Complex (Submitted photo)

Although it received excellent and very good ratings in some areas, the contractor that manages and operates the Y-12 National Security Complex in Oak Ridge was stung by unsatisfactory marks for its performance before and during the July 28 security breach and the redesign of the new Uranium Processing Facility.

The National Nuclear Security Administration said the UPF redesign could add $539 million to the project cost and extend its schedule by 13 months. The UPF has been estimated to cost up to $6.5 billion, and plans have called for it to start operating as early as 2023.

The NNSA also said the Y-12 security system and protective force completely failed when three anti-nuclear weapons activists penetrated a high-security Protected Area before dawn on July 28. The three protesters were able to avoid detection and cut through three fences inside Y-12 before spraying paint and splashing human blood on the Highly Enriched Uranium Materials Facility, where bomb-grade uranium is stored.

But federal officials awarded “excellent” or “very good” ratings to the contractor, Babcock and Wilcox Y-12 Technical Services LLC, or B&W Y-12, for operations in areas that include environmental and waste management activities, infrastructure improvements, risk reduction initiatives, cyber security, and stockpile and nuclear nonproliferation work.

[Read more...]

Y-12 protesters ask court to dismiss sabotage charges

Transform Now Plowshares

The three anti-nuclear weapons activists pictured above allegedly cut through fences and vandalized a high-security building at the Y-12 National Security Complex in July and now face federal charges of property destruction, property depredation, and injuring national defense premises. From left to right the three are Michael R. Walli, Megan Rice, and Greg Boertje-Obed. (Submitted photo)

In one of a series of motions last week, the three protesters who broke into the Y-12 National Security Complex on July 28 asked a federal court to dismiss the new sabotage charges filed against them in December.

Attorneys for the protesters—anti-nuclear weapons activists Greg Boertje-Obed, Megan Rice, and Michael R. Walli—said the new charges, which could add up to 20 years in prison, are unconstitutional, vindictive, and selective. They said the new charges were brought because the defendants earlier refused to plead guilty to less serious crimes.

In addition, the sabotage charges are rarely applied to civilian conduct and should not have been used in this case because Y-12 is a private contractor site and not a military base, the four attorneys for the protesters said in a motion to dismiss filed in U.S. District Court in Knoxville on Friday.

[Read more...]

IG report finds ‘multiple system failures’ at Y-12, inept alarm responses

The U.S. Department of Energy Office of Inspector General has released a report on the July 28 security breach at the Y-12 National Security Complex, and it found “multiple system failures on several levels,” including ineptitude in responding to alarms, failures to maintain critical security equipment, misunderstanding of security protocols, and poor communications.

There was also an over-reliance on “compensatory measures,” and weaknesses in contract and resource management, said the 18-page report, released about one month after the security breach. In addition, “contractor governance and federal oversight failed to identify and correct early indicators of these multiple system breakdowns.

“When combined, these issues directly contributed to an atmosphere in which the trespassers could gain access to the protected security area directly adjacent to one of the nation’s most critically important and highly secured weapons-related facilities,” according to a summary of the report posted on the OIG website.

[Read more...]

Y-12 protesters ask federal judge to delay Oct. 10 trial

Megan Rice and Michael R. Walli

Anti-nuclear weapons activists Megan Rice and Michael R. Walli leave U.S. District Court in Knoxville after an Aug. 9 arraignment on charges of trespassing, property depredation, and property destruction at the Y-12 National Security Complex. A third protester, Greg Boertje-Obed, remains jailed in Blount County.

Two anti-nuclear weapons activists arrested in July in a high-security area at the Y-12 National Security Complex have asked a federal judge to delay their trial date.

The protesters now face an Oct. 10 trial before U.S. District Court Judge Thomas W. Phillips in Knoxville.

But in motions filed Wednesday, two of the protesters—Greg Boertje-Obed and Megan Rice—said the evidence in the case is voluminous, and it involves significant and complex issues, including national security and First Amendment issues.

[Read more...]

Activists who sneaked into Y-12 waive detention hearing, remain jailed

Transform Now Plowshares

Three activists opposed to nuclear weapons pose with banners before their arrests on Saturday at the Y-12 National Security Complex. From left to right, the three are Michael R. Walli, Megan Rice, and Greg Boertje-Obed. (Submitted photo)

Three anti-nuclear weapons activists facing federal trespassing charges after sneaking into a high-security area at the Y-12 National Security Complex on Saturday have waived a detention hearing, meaning they will remain jailed for now, a court representative said Monday.

The three Plowshares activists are Michael R. Walli, 63, of Washington, D.C.; Megan Rice, 82, of New York; and Greg Boertje-Obed, 57, of Duluth, Minn. They have been jailed at the Blount County Corrections Facility.

The federal trespassing charges reportedly carry potential sentences of up to one year in prison and one year of supervised release as well as a maximum $100,000 fine. Supporters and officials have said other charges are possible.

[Read more...]