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Government asks court to dismiss one charge against Y-12 protesters

Posted at 4:40 pm April 25, 2013
By John Huotari Leave a Comment

Y-12 Plowshares Protesters

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

Note: This story was last updated at 9:47 a.m. April 29.

Federal prosecutors have asked the U.S. District Court in Knoxville to dismiss one of the charges against the three anti-nuclear weapons activists accused of breaking into the Y-12 National Security Complex in July and splashing blood and spray-painting slogans on a uranium storage building.

A motion filed on Thursday said the United States has determined that it is unable to establish jurisdiction for that charge, one of three faced by the defendants: Greg Boertje-Obed, Megan Rice, and Michael Walli. That charge alleges that the trio destroyed and injured, and attempted to destroy and injure, Y-12 property. [Read more…]

Filed Under: Federal, Government, Police and Fire, Top Stories, Y-12 National Security Complex, Y-12 Security Breach Tagged With: Greg Boertje-Obed, Highly Enriched Uranium Materials Facility, Megan Rice, Michael Walli, U.S. District Court, Y-12 National Security Complex, Y-12 protesters

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

Posted at 4:03 pm April 25, 2013
By John Huotari Leave a Comment

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…]

Filed Under: Federal, Government, Top Stories, Y-12 National Security Complex, Y-12 Security Breach Tagged With: Amul R. Thapar, anti-nuclear weapons activists, Greg Boertje-Obed, Highly Enriched Uranium Materials Facility, intent to interfere with the U.S. national defense, Jeffrey E. Theodore, jury selection, Megan Rice, Melissa M. Kirby, Michael Walli, property depredation, property destruction, trial, U.S. District Court, uranium storage building, Y-12 National Security Complex

Former U.S. attorney general, civil rights participant can testify at Y-12 protester hearing

Posted at 7:16 am April 22, 2013
By John Huotari 4 Comments

Y-12 Plowshares Protesters

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

A federal judge will allow a former U.S. attorney general and civil rights sit-in participant to testify at a Tuesday motions hearing for the three anti-nuclear weapons activists who broke into the Y-12 National Security Complex in July.

The two witnesses are former U.S. Attorney General Ramsey Clark and civil rights sit-in participant Robert Booker.

The three anti-nuclear weapons activists are accused of cutting through three fences in the high-security Protected Area at Y-12 on July 28 and splashing human blood and spray-painting messages on the Highly Enriched Uranium Materials Facility, where most of the nation’s bomb-grade uranium is stored. [Read more…]

Filed Under: Federal, Government, Police and Fire, Top Stories, Y-12 National Security Complex, Y-12 Security Breach Tagged With: Amul R. Thapar, Greg Boertje-Obed, Highly Enriched Uranium Materials Facility, Jeffrey E. Theodore, Megan Rice, Melissa M. Kirby, Michael Walli, Ramsey Clark, Robert Booker, U.S. District Court, Y-12 National Security Complex

Y-12 protesters submit witness list, want extra time for jury questioning

Posted at 12:00 pm April 18, 2013
By John Huotari 1 Comment

Y-12 Plowshares Protesters

Pictured above at U.S. District Court in Knoxville are the three anti-nuclear weapons protesters who broke into the Y-12 National Security Complex 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 want to call a retired bishop, a doctor, a former U.S. attorney general, a civil rights leader, and a retired military officer and diplomat as witnesses in a Tuesday hearing and May 7 trial in Knoxville.

The proposed witnesses include former U.S. Attorney General Ramsey Clark, civil rights sit-in participant Robert Booker, doctor Ira Helfand, retired Col. Mary Annette Wright, and retired U.S. Catholic Bishop Thomas Gumbleton.

The three protesters—Greg Boertje-Obed, Megan Rice, and Michael Walli—also want six hours, and not 1.5, to question prospective jurors for their May 7 trial in U.S. District Court. [Read more…]

Filed Under: Federal, Government, Police and Fire, Top Stories, Y-12 National Security Complex, Y-12 Security Breach Tagged With: Greg Boertje-Obed, hearing, Highly Enriched Uranium Materials Facility, Ira Helfand, jury, Mary Annette Wright, Megan Rice, Michael Walli, national defense, nuclear war, nuclear weapons, Oak Ridge Reservation, Ramsey Clark, Robert Booker, security, security breach, thermonuclear warheads, Thomas Gumbleton, trial, U.S. District Court, Y-12 National Security Complex

Y-12 protesters ask court to dismiss sabotage charges

Posted at 1:46 pm January 22, 2013
By John Huotari Leave a Comment

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…]

Filed Under: Special Sections, Top Stories, U.S. Department of Energy, Y-12 National Security Complex, Y-12 Security Breach Tagged With: anti-nuclear weapons activists, attempting to injure federal property, C. Clifford Shirley Jr., Chris Irwin, Francis L. Lloyd Jr., Greg Boertje-Obed, Highly Enriched Uranium Materials Facility, Megan Rice, Michael R. Walli, property depredation, sabotage, trespassing, U.S. District Court, William P. Quigley, Y-12 National Security Complex, Y-12 protesters

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

Posted at 3:22 pm January 3, 2013
By John Huotari 1 Comment

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.”

[Read more…]

Filed Under: Top Stories, Y-12 National Security Complex, Y-12 Security Breach Tagged With: C. Clifford Shirley, Greg Boertje-Obed, Megan Rice, Michael Walli, U.S. District Court, Y-12 National Security Complex

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

Posted at 12:09 pm December 20, 2012
By John Huotari Leave a Comment

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.

[Read more…]

Filed Under: Top Stories, Y-12 Security Breach Tagged With: B&W Y-12, Greg Boertje-Obed, Highly Enriched Uranium Materials Facility, Megan Rice, Michael Walli, National Nuclear Security Administration, NNSA, Oak Ridge Environmental Peace Alliance, OREPA, Ralph Hutchison, security breach, Steven Wyatt, Transform Now Plowshares, Y-12 National Security Complex, Y-12 protesters

Y-12 protesters’ trial rescheduled to May

Posted at 3:38 pm December 10, 2012
By John Huotari 2 Comments

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…]

Filed Under: Police and Fire, Top Stories, Y-12 Security Breach Tagged With: Greg Boertje-Obed, Megan Rice, Michael R. Walli, protesters, security breach, U.S. Attorneys' Office, U.S. District Court, U.S. Magistrate Judge C. Clifford Shirley Jr., Y-12 National Security Complex

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

Posted at 12:44 am December 8, 2012
By John Huotari 1 Comment

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.

[Read more…]

Filed Under: Police and Fire, Top Stories, Y-12 Security Breach Tagged With: federal grand jury, Greg Boertje-Obed, Highly Enriched Uranium Materials Facility, indictment, intrusion, Megan Rice, Michael Walli, nuclear weapons, Oak Ridge Environmental Peace Alliance, plea deal, protesters, security breach, Transform Now Plowshares, U.S. District Court, uranium processing facility, Y-12, Y-12 National Security Complex

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

Posted at 9:28 am December 5, 2012
By John Huotari 2 Comments

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.

[Read more…]

Filed Under: Police and Fire, Top Stories, Y-12 Security Breach Tagged With: federal grand jury, Greg Boertje-Obed, injuring national defense premises, Jeffrey E. Theodore, Megan Rice, Melissa M. Kirby, Michael Walli, protesters, U.S. Attorney, United States Attorney, Y-12 National Security Complex

Y-12 protesters release photos of July 28 intrusion

Posted at 4:33 pm October 22, 2012
By John Huotari Leave a Comment

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.”

Filed Under: Y-12 Security Breach Tagged With: Greg Boertje-Obed, Megan Rice, Michael R. Walli, security breach, Y-12 National Security Complex

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

Posted at 10:07 pm October 18, 2012
By John Huotari Leave a Comment

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.

Filed Under: U.S. Department of Energy, Y-12 Security Breach Tagged With: C. Clifford Shirley Jr., Greg Boertje-Obed, Highly Enriched Uranium Materials Facility, Megan Rice, Michael R. Walli, motions, protesters, security breach, U.S. District Court, Y-12 National Security Complex

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