Oak Ridge Today

Y-12 protesters ask court to dismiss sabotage charges

Posted at
By 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…]

Security breach given ‘due consideration’ in Y-12, Pantex award

Posted at
By Leave a Comment

The July 28 security breach at the Y-12 National Security Complex was given “due consideration” in the competition to award a consolidated contract to a company to manage Y-12 in Oak Ridge and the Pantex Plant near Amarillo, Texas, federal officials said Tuesday.

Federal officials said they evaluated past performance—both positive and negative. Although past performance was a key part of the selection analysis, it was not the determining factor, federal officials said during a Tuesday teleconference. Instead, it was one of a number of factors.

The Y-12 intrusion was given the same consideration as other incidents, federal officials said. During the intrusion, three anti-nuclear weapons activists sneaked into a high-security area at Y-12. They allegedly cut through fences and splashed human blood and spray-painted slogans on the Highly Enriched Uranium Materials Facility, where bomb-grade uranium is stored.

[Read more…]

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

Posted at
By 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…]

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

Posted at
By 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…]

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

Posted at
By 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.

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

Posted at
By 1 Comment

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

Posted at
By 2 Comments

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…]

B&W Y-12 notifies WSI Oak Ridge of possible contract termination

Posted at
By 3 Comments

WSI Oak Ridge could lose its security contract at the Y-12 National Security Complex if it doesn’t take action to address recent security concerns, B&W Y-12 announced Tuesday.

WSI received a notice of a potential contract termination “for default” on Aug. 31, two days after an unspecified Aug. 29 “on-site personnel incident” that allegedly involved a WSI staff member. However, B&W Y-12 didn’t provide more details in a press release it sent out Tuesday.

“At no time during the personnel incident was there risk to the Y-12 employees, community, or to the special nuclear materials,” the release said.

[Read more…]

Y-12 camera didn’t work, hammering trespassers mistaken for maintenance

Posted at
By 2 Comments

Highly Enriched Uranium Materials Facility

Highly Enriched Uranium Materials Facility (Photo courtesy of NNSA/B&W Y-12)

Note: This story was last updated at 10:40 p.m.

A special federal report published Wednesday documents alleged failures that allowed three anti-nuclear weapons activists to sneak into the Y-12 National Security Complex on July 28, penetrate a high-security area, and spray-paint slogans and splash human blood on a building that stores bomb-grade uranium.

Among the findings: A critical security camera in an area penetrated by the protesters hadn’t worked for about six months, and guards assumed the trespassers were maintenance workers when they used hammers to beat on the walls of the uranium storage building, officially known as the Highly Enriched Uranium Materials Facility.

The failures in the $150 million security system at Y-12, which has “long enjoyed a reputation as one of the most secure facilities in the United States,” raised serious questions, said the 18-page report by the U.S. Department of Energy Office of Inspector General.

“We identified troubling displays of ineptitude in responding to alarms, failures to maintain critical security equipment, over-reliance on compensatory measures, misunderstanding of security protocols, poor communications, and weaknesses in contract and resource management,” said the report, signed by Inspector General Gregory H. Friedman.

[Read more…]

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

Posted at
By Leave a Comment

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

Posted at
By 6 Comments

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 protesters plead not guilty to new charge, face more jail time

Posted at
By Leave a Comment

Megan Rice and Michael R. Walli

Anti-nuclear weapons activists Megan Rice, left, and Michael R. Walli leave U.S. District Court in Knoxville after pleading not guilty Thursday morning to three counts 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.

Note: This story was last updated at 1:51 a.m. Aug. 10.

KNOXVILLE—A new felony property depredation charge and the possibility of more jail time have been added to two earlier charges filed against three anti-nuclear weapons activists arrested in July near a uranium storage building at the Y-12 National Security Complex.

The defendants—Greg Boertje-Obed, Megan Rice, and Michael R. Walli—are accused of sneaking into Y-12 before dawn July 28, cutting through three fences, and setting off alarms before spraying paint and splashing blood on the Highly Enriched Uranium Materials Facility, where bomb-grade uranium is stored.

The new charge, contained in a three-count grand jury indictment filed Tuesday, carries a prison sentence of up to 10 years. The three activists pleaded not guilty to all three counts during a Thursday morning arraignment in U.S. District Court in Knoxville.

[Read more…]