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...]

Y-12 protesters’ trial rescheduled to May

The federal trial against the three protesters accused of sneaking into the Y-12 National Security Complex in July and vandalizing a uranium storage building has been reset to May 7.

It had most recently been set for Feb. 26, 2013. But the U.S. Attorneys’ Office said last week that the date would likely change after a federal grand jury in Knoxville returned new three-count indictments against the three defendants—Greg Boertje-Obed, Megan Rice, and Michael R. Walli.

The new indictments, which supersede earlier three-count indictments from August, added a more serious charge of injuring national defense premises. That charge carries a longer prison sentence of up to 20 years.

[Read more...]

Y-12 protesters release photos of July 28 intrusion

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 spray-painted slogans on the Highly Enriched Uranium Materials Facility. The protesters also hammered the building, chipping it, and strung up crime scene tape. (Submitted photo)

The three anti-nuclear weapons activists who allegedly cut through fences at the Y-12 National Security Complex on July 28, evaded guards, and vandalized a high-security building where bomb-grade uranium is stored have released photographs showing the blood they splashed and slogans they spray-painted on the Highly Enriched Uranium Materials Facility.

The five photos also show holes cut in fences near the HEUMF, including one photo taken after the three protesters—Greg Boertje-Obed, Megan Rice, and Michael R. Walli—had been arrested. In addition, they show red crime scene tape that was strung up by the three activists and a building corner that was chipped by the protesters, who hammered on the $549 million building to send a symbolic and literal message, “a rejection of nuclear weapons as a cornerstone of our national policy.”

The pictures were obtained by the protesters as part of the discovery stage in advance of a Feb. 26 trial in U.S. District Court in Knoxville. They were released to the media on Monday.

The trio face federal charges of property destruction, property depredation, and trespassing. They have pleaded not guilty and face potential penalties of up to 16 years in prison.

“These photographs carry with them our message,” said the three activists, who called their unprecedented intrusion Tranform Now Plowshares. “We came to Y-12 in a spirit of hope, not fear. We were authorized—even required—to act by the responsibilities placed on us as citizens. The Nuremberg principles, codified by the United Nations after World War II, require citizens to refuse cooperation with unlawful government acts insofar as it is morally possible. We also felt called, as children of God, to act on behalf of all God’s children, including and especially those who are threatened daily by the machines of war and the power of empire.”

Transform Now Plowshares at Y-12

The three protesters painted slogans and poured blood on a concrete wall at the edge of an area designed to detect intruders near the Highly Enriched Uranium Materials Facility at the Y-12 National Security Complex.

They called the production of nuclear weapons a crime against humanity. They said were protesting the continued production of nuclear weapons at Y-12, as well as plans to build a new Uranium Processing Facility, which they estimate could cost $7.5 billion. (Government officials generally say the building could cost up to $6.5 billion.)

The protesters said that spreading the blood of Plowshares members across the HEUMF was a reminder that the use of nuclear weapons will “result in bloodshed beyond calculation and deaths beyond counting.”

They said the pictures released Monday, which include slogans quoting biblical passages, speak for themselves but don’t tell the whole story. They said their story is more than a stunning tale of making it through an high-security zone at Y-12, a place where deadly force is authorized, although that’s where most of the public attention has been focused since July.

“The whole story includes why we went there and the message we took,” Boertje-Obed, Rice, and Walli said in a statement released Monday. “We carried with us a Bible, hammers, candles, bread, white roses, and blood. We attempted to embody the prophecy God gave to Isaiah, to beat swords into plowshares. We tried to be faithful followers of Jesus Christ, who calls us to find our true security in love and compassion.”

Y-12 protesters get three-week extension to file motions

Transform Now Plowshares

The three anti-nuclear weapons activists pictured above 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 trespassing. From left to right, the three are Michael R. Walli, Megan Rice, and Greg Boertje-Obed. (Submitted photo)

A federal judge has given attorneys three extra weeks to file motions in the government’s case against three anti-nuclear weapons activists accused of sneaking into the Y-12 National Security Complex in July and vandalizing a building where bomb-grade uranium is stored.

On Oct. 9, the attorneys asked for a one-month extension, which would have given them until Nov. 9 to file motions for Greg Boertje-Obed, Megan Rice, and Michael R. Walli. They said they hadn’t completed their investigation and needed more time to consult with the defendants.

In an order filed Wednesday, U.S. Magistrate Judge C. Clifford Shirley Jr. gave them until Oct. 30. A motion hearing has been scheduled for Nov. 20.

“In order to remain on track for the Feb. 26, 2013, trial of this matter, this motion hearing cannot be delayed,” Shirley said. “Additional extensions of the motion deadline will not be permitted, except in the event of extraordinary circumstances.”

Shirley said attorneys had said the discovery, or information collected in the case, was minimal, and he was “somewhat surprised” to hear that more time was needed to investigate the facts.

Boertje-Obed, Rice, and Walli are accused of sneaking into Y-12 before dawn on July 28, cutting through fences with bolt cutters, evading guards, and spray-painting slogans and splashing human blood on the Highly Enriched Uranium Materials Facility.

They have been charged with property destruction, property depredation, and trespassing. The three protesters, who have pleaded not guilty, face potential penalties of up to 16 years in jail and $600,000 in fines.

Walli is represented by Christopher Scott Irwin of Knoxville and William P. Quigley of New Orleans. Rice is represented by Francis L. Lloyd Jr. of Knoxville. Boertje-Obed is representing himself, although he has the assistance of “elbow counsel,” Knoxville attorney Bobby E. Hutson Jr.

The Nov. 20 motion hearing starts at 9:30 a.m. in U.S. District Court in Knoxville.

The unprecedented security breach has had a significant impact on Y-12, its contractors, and the National Nuclear Security Administration. Among other things, there have been federal investigations, two congressional hearings, a temporary halt in nuclear operations, a contract termination for security guard company WSI Oak Ridge, and a firing, suspensions, retirements, and reassignments at WSI, NNSA, and B&W Y-12.

Note: This story was last updated at 10:27 p.m. Oct. 18.

Y-12 protesters ask for extra month to file motions in federal case

Attorneys for the three anti-nuclear weapons activists accused of sneaking into the Y-12 National Security Complex have asked for more time to file motions.

The three defendants—Greg Boertje-Obed, Megan Rice, and Michael R. Walli—have been charged with property destruction, property depredation, and trespassing. They face a Feb. 26 trial in U.S. District Court in Knoxville.

Tuesday was the deadline to file motions in the federal case against them. The activists and their attorneys have asked for an extra month.

In a motion filed Tuesday, the attorneys asked for the deadline to be extended to Nov. 9 because they haven’t finished investigating the “circumstances of this case and therefore cannot yet fully advise the defendants regarding the filing of motions in this matter.”

Walli is represented by Christopher Scott Irwin of Knoxville and William P. Quigley of New Orleans, Rice is represented by Francis L. Lloyd Jr. of Knoxville, and Boertje-Obed is representing himself, although he has the assistance of “elbow counsel,” Knoxville attorney Bobby E. Hutson Jr.

During the July 28 security breach at Y-12, the three activists allegedly spray-painted slogans and splashed human blood on the Highly Enriched Uranium Materials Facility, where bomb-grade uranium is stored.

They have pleaded not guilty to the federal charges against them. They face potential penalties of up to 16 years in jail and $600,000 in fines.

Ohio Republican introduces bill to transfer nuclear facility security to military

Mike Turner

Mike Turner

The chair of the U.S. House Subcommittee on Strategic Forces has introduced legislation that would put the military in charge of security of nuclear weapons and special nuclear materials at certain federal sites, including the Y-12 National Security Complex.

The legislation is in response to the unprecedented July 28 security breach at Y-12, according to a press release from U.S. Rep. Mike Turner, an Ohio Republican.

Security at Y-12, including security systems and personnel, has been provided by contractors B&W Y-12 and WSI Oak Ridge.

[Read more...]

Judge releases third Y-12 protester

Greg Boertje-Obed

Greg Boertje-Obed

A federal judge has released the third protester arrested at the Y-12 National Security Complex after an unprecedented July 28 security breach, a court representative said Tuesday.

Greg Boertje-Obed will return to Duluth, Minn., and he must follow conditions that are similar to those imposed on the two other anti-nuclear weapons activists released Aug. 3, said a representative of the U.S. District Court in Knoxville.

[Read more...]

Third Y-12 protester has detention hearing today, trial rescheduled

Greg Boertje-Obed

Greg Boertje-Obed

The third protester who has remained in jail since a July 28 security breach at the Y-12 National Security Complex has a detention hearing at 2 p.m. today in U.S. District Court in Knoxville.

Greg Boertje-Obed had previously waived his right to a detention hearing, and he has remained jailed in Blount County. The other two anti-nuclear weapons activists, Megan Rice and Michael R. Walli, were freed Aug. 3.

Meanwhile, U.S. Magistrate Judge C. Clifford Shirley has rescheduled the trial of the protesters to Feb. 26, 2013. The case will be tried before U.S. District Judge Thomas W. Phillips.

[Read more...]

Seeking delay, Y-12 protesters have Friday hearing in federal court

A Friday hearing has been scheduled for the three protesters accused of sneaking into the Y-12 National Security Complex on July 28 and spray-painting slogans and splashing human blood on the Highly Enriched Uranium Materials Facility, where bomb-grade uranium is stored.

The three protesters—Greg Boertje-Obed, Megan Rice, and Michael R. Walli—have asked Magistrate Judge C. Clifford Shirley to delay their Oct. 10 trial in U.S. District Court in Knoxville.

[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...]

Y-12 cameras weren’t working, guards failed to react, federal letter says

Transform Now Plowshares

The three anti-nuclear weapons activists pictured above sneaked into a high-security area at the Y-12 National Security Complex on July 28 and triggered a security crisis that has led to personnel changes, a temporary halt in nuclear operations, and a potential termination of a federal contract with B&W Y-12. From left to right, the three protesters are Michael R. Walli, Megan Rice, and Greg Boertje-Obed. (Submitted photo)

Note: This story was last updated at 9:32 a.m. Aug. 15.

Many security cameras weren’t working when three anti-nuclear weapons activists sneaked into the Y-12 National Security Complex early in the morning on Saturday, July 28, a federal official said in a critical letter released Tuesday evening.

One of those cameras was near a fence penetrated by the protesters, who allegedly used bolt-cutters to slice through three fences before they walked to a high-security building known as the Highly Enriched Uranium Materials Facility, where bomb-grade uranium is stored.

The intruders, who allegedly spray-painted slogans and splashed human blood on the HEUMF, set off many alarms in a “multi-layered sensor system” in a fence line, but the Y-12 protective force failed to react, the official said.

When guards alerted by the alarms responded with a vehicle patrol, it took them too long to arrive at the scene, and once there, they “failed to take appropriate steps to take control of the situation,” said the official, National Nuclear Security Administration Contracting Officer Jill Y. Albaugh. She said a responding supervisor finally took control and removed the protesters.

Written Friday, Albaugh’s letter gives Babcock and Wilcox Technical Services Y-12, the plant’s managing and operating contractor, 30 days to show why the federal government should not proceed to terminate its contract.

[Read more...]

Y-12 activists indicted by federal grand jury for trespassing, property destruction

Three anti-nuclear weapons activists arrested July 28 in the high-security Protected Area at the Y-12 National Security Complex have been indicted by a federal grand jury on three counts of trespassing, property depredation, and property destruction.

The three defendants—Greg Boertje-Obed, Megan Rice, and Michael R. Walli—are expected to be arraigned this morning in U.S. District Court in Knoxville.

[Read more...]