Oak Ridge Today

Judge recommends against dismissing Y-12 protester charges, says weapons work not a war crime

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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)

The charges against three protesters accused of breaking into the Y-12 National Security in July should not be dismissed, a federal judge recommended Wednesday.

U.S. Magistrate Judge C. Clifford Shirley Jr. said the three anti-nuclear weapons activists—Greg Boertje-Obed, Megan Rice, and Michael Walli—have argued that the charges must be dismissed because the production, processing, and storage of nuclear weapons at Y-12 is illegal under United States and international law.

The defendants also contend that the production and continuing threat of the use of nuclear weapons is a war crime and violates international law, Shirley said in a 20-page report and recommendation filed in U.S. District Court in Knoxville on Wednesday.

“The defendants assert that their nonviolent actions to expose and disarm symbolically nuclear weapons were legal, reasonable, and justified,” Shirley said. “Thus, they conclude that laws designed to protect property, such as the statutes charges in the instant case, cannot be applied in such a way that they abrogate the federal and international laws of war.”

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Y-12 security breach top story of 2012 on Oak Ridge Today

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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)

Four of the Top 5 stories on Oak Ridge Today in 2012 were related to the July 28 security breach at the Y-12 National Security Complex.

Of those four, the most viewed—and also our most viewed story of the year—was the one we wrote the day of the intrusion: Y-12 protesters enter high-security area, spray paint, splash blood. That’s when three anti-nuclear weapons activists allegedly hiked over Pine Ridge, cut through fences, and splashed human blood and spray-painted slogans on the Highly Enriched Uranium Materials Facility, where bomb-grade uranium is stored.

Other stories related to the security breach that ended up in the Top 5 were:

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Y-12 protesters say fence hole remains after break-in, officials say it’s repaired

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Hole in Y-12 Perimeter Fence

The Oak Ridge Environmental Peace Alliance says three protesters crossed into the Y-12 National Security Complex through this hole the trio cut in a perimeter fence before dawn on July 28, and OREPA alleges that the hole had not been repaired as of Monday. (Submitted photo)

More than four months after three protesters broke into the Y-12 National Security Complex, a hole that the trio cut in a perimeter fence still hasn’t been repaired, an Oak Ridge group said Wednesday.

In a statement, the Oak Ridge Environmental Peace Alliance, which has supported the Y-12 protesters, said two OREPA members went to the nuclear weapons plant on Monday and, after 15 minutes of walking, found the spot where the protesters had cut through an outer fence. It was open from the ground up to a spot about four feet high—a hole large enough for a person to squeeze through, the group said.

But in a statement Thursday afternoon, federal officials said the fence has been repaired.

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Y-12 protesters’ trial rescheduled to May

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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.

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Opposed to nuclear weapons work, Y-12 protesters refused to plead guilty

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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 allegedly 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)

The three protesters who vandalized a uranium storage building at Y-12 National Security Complex in July said they would not accept a plea deal from the federal government earlier this year, even though prosecutors threatened to charge them with more serious sabotage crimes.

“We chose to exercise our constitutional right to a jury trial and refused to bow down to their threats,” the trio said in a statement released Wednesday. “We remain convinced that making and refurbishing nuclear weapons at Y-12 is both illegal under U.S. and international law, and it is also immoral. Ultimately, we are required to follow the law of love and our consciences.”

Calling themselves Transform Now Plowshares, the three protesters—Greg Boertje-Obed, Megan Rice, and Michael Walli— allegedly cut through fences at Y-12 before dawn on Saturday, July 28, entered a high-security area where deadly force is authorized, and splashed human blood and spray-painted slogans on the Highly Enriched Uranium Materials Facility, where bomb-grade uranium is stored.

On Tuesday, a federal grand jury in Knoxville returned a new charge against the trio for this summer’s unprecedented intrusion. The new count of injuring national-defense premises carries a prison sentence of up to 20 years, longer than any of the earlier potential penalties.

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Y-12 protesters face new national defense charge, longer prison sentence

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Transform Now Plowshares

The three anti-nuclear weapons activists pictured above allegedly cut through fences and vandalized a uranium storage 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)

A new federal charge has been added against the three protesters who allegedly cut through fences at the Y-12 National Security Complex in July and splashed human blood and spray-painted slogans on a uranium storage building.

A three-count indictment returned against Greg Boertje-Obed, Megan Rice, and Michael Walli adds a new count of injuring national-defense premises, U.S. Attorney William C. Killian said in a Wednesday morning press release. The new charge carries a longer prison sentence of up to 20 years.

The indictment returned by a federal grand jury in Knoxville on Tuesday supersedes the earlier three-count indictment from August.

The new indictment does not include the earlier trespassing charge. However, it does include the previous charges of property destruction and property depredation. Including all the charges, the protesters, who are opposed to Y-12’s nuclear weapons work, now face jail sentences of up to 35 years and fines of up to $750,000.

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Despite nuclear shutdown, Y-12 meets warhead refurbishment schedule

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Despite a two-week shutdown in August, the Y-12 National Security Complex completed its work on a nuclear warhead refurbishment program by the end of September, the end of the federal fiscal year.

Questions were raised about the production schedule after a July 28 security breach by three anti-nuclear weapons activists, and a two-week shutdown in nuclear operations that quickly followed.

But Steven Wyatt, National Nuclear Security Administration public affairs manager at Y-12, said then that the plant still expected to meet its production milestones for the year.

Ellen Boatner, spokeswoman for managing and operating contractor B&W Y-12, confirmed on Wednesday that the work had been completed on time.

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DOE inspector finds no evidence of cheating, but questions testimony

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Federal investigators found no evidence that WSI Oak Ridge tried to cheat on a test at the Y-12 National Security Comple this summer, but they also questioned the credibility of contractors who testified that there was no intent to cheat.

A copy of the test was found in a WSI Oak Ridge patrol vehicle on Aug. 29, one day before it was scheduled to be given to security guards. It was part of an inspection by the U.S. Department of Energy’s Office of Health, Safety and Security that followed the July 28 security breach at Y-12.

In a special report this month, U.S. Department of Energy Inspector General Gregory H. Friedman said the test, as well as answers to test questions, had been distributed to many WSI Oak Ridge employees, including captains, lieutenants, and security police officers, “the very people whose knowledge was to have been evaluated.” At best, Friedman said, the transmission, review, and distribution of the test demonstrated a lack of due care and negligence.

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Y-12 guard transition complete

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WSI Oak Ridge has provided security guard services at the Y-12 National Security Complex for years, but that work has come to an end, three months after an unprecedented security breach.

B&W Y-12, the company that manages and operates Y-12, announced on Monday that it had taken over the security guard force and hired 560 WSI Oak Ridge employees.

On Tuesday, WSI Oak Ridge said the transition was complete.

WSI Oak Ridge said it has provided para-military protective force services to Y-12 for more than a decade and at U.S. Department of Energy sites across the nation for more than 50 years. It continues to provide protective force services for local DOE sites at Oak Ridge National Laboratory, East Tennessee Technology Park, and the Federal Office Building Complex.

“I appreciate the hard work and dedication demonstrated by all our employees,” WSI Oak Ridge General Manager Steve Hafner said. “I am happy that so many employees successfully transitioned to B&W Y-12 and proud to report that every WSI Oak Ridge employee has a position.”

The security force transition from WSI Oak Ridge to B&W Y-12 started Oct. 1 and lasted about a month.

B&W Y-12 announced in September that it would terminate its contract with WSI Oak Ridge. The National Nuclear Security Administration had recommended the move. B&W Y-12 manages and operates Y-12 for the NNSA.

WSI became a subcontractor to B&W Y-12 after the July 28 security breach. Before then, it had operated under a separate contract with the NNSA.

The contracting change was one of several changes made after three anti-nuclear weapons activists, including an 82-year-old nun, sneaked into Y-12 before dawn on July 28, cut through three fences with bolt cutters, and vandalized a building where bomb-grade uranium is stored.

B&W Y-12 takes over guard force, hires 560 WSI workers

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Note: This story was updated at 11:07 p.m.

After a four-week transition, B&W Y-12 has taken over the security guard force at the Y-12 National Security Complex and hired 560 WSI Oak Ridge employees.

The transition ends three months after an unprecedented security breach at Y-12 and one month after B&W Y-12 announced it would terminate its contract with WSI Oak Ridge. That company, also known as Wackenhut and G4S Government Solutions, had provided security guards at the nuclear weapons complex for about a dozen years.

“The transition from WSI Oak Ridge to B&W Y-12 has gone very smoothly, and we welcome these new employees to the company,” said retired Brig. Gen. Rod Johnson, deputy general manager for security. “We’ve already seen improvements in security performance following previously announced contracting changes, and we believe we’ll see additional successes with the protective force fully integrated into B&W Y-12.”

B&W Y-12 announced it would end the WSI Oak Ridge contract after a Sept. 28 recommendation from the National Nuclear Security Administration. B&W Y-12 manages and operates Y-12 for the NNSA.

The transition from WSI to B&W Y-12 began Oct. 1. B&W had said it would offer employment to active Y-12 security police officers and other active union WSI Oak Ridge employees at Y-12 and the Central Training Facility in Oak Ridge.

B&W Y-12 had also said it would evaluate non-union WSI Oak Ridge employees who supervise and support Y-12 guards.

WSI became a subcontractor to B&W Y-12 after the July 28 security breach. Before that highly publicized intrusion, WSI had operated under a separate contract with the NNSA.

The contracting change was among many made after three anti-nuclear weapons activists, including an 82-year-old nun, sneaked into Y-12 before dawn on July 28, cut through three fences with bolt cutters, and vandalized a building where bomb-grade uranium is stored. The breach also led to federal investigations and critical reports, congressional hearings, staff re-assignments and suspensions, and at least one firing.

B&W Y-12 said it has made many improvements in security in the past three months, significantly reducing false and nuisance alarms, successfully completing two intensive force-on-force exercises to test protective force readiness, and installing new security cameras.

Y-12 protesters release photos of July 28 intrusion

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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

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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.