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Judge says Y-12 protesters not contrite as snow delays sentencing

Posted at 1:06 pm January 29, 2014
By John Huotari 5 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, 2012, and vandalized a uranium storage building. From left, they are Michael Walli, Megan Rice, and Greg Boertje-Obed.

KNOXVILLE—The three protesters who cut through fences and vandalized a uranium storage building at the Y-12 National Security Complex in July 2012 have not shown contrition or accepted responsibility for what they’ve done, a federal judge said during a Tuesday sentencing hearing.

The three anti-nuclear weapons activists—Greg Boertje-Obed, Megan Rice, and Michael R. Walli—have acknowledged that they splashed human blood, hung crime scene tape, and hammered on the side of the Highly Enriched Uranium Materials Facility on July 28, 2012. They have freely given interviews to reporters and admitted that they spray-painted slogans—they called them “Biblical graffiti”—on the side of the HEUMF, which stores most of the nation’s bomb-grade uranium.

But acknowledging their actions is not the same as contrition, U.S. District Judge Amul R. Thapar suggested during a Tuesday sentencing hearing at the Howard H. Baker Jr. Courthouse in Knoxville. To accept responsibility, the trio would have to show contrition and remorse, and acknowledge that what they did was wrong, Thapar said.

However, the defendants have fought the government at every step in the 18-month-old case, the judge said. [Read more…]

Filed Under: Federal, Government, National Nuclear Security Administration, Slider, Top Stories, U.S. Department of Energy, Y-12, Y-12 National Security Complex, Y-12 Security Breach Tagged With: Amul R. Thapar, Andy Anderson, B&W Y-12, Bill Quigley, Chrissy Nesbitt, civil disobedience, Greg Boertje-Obed, HEUMF, Highly Enriched Uranium Materials Facility, Howard H. Baker Jr. Courthouse, Jeffrey E. Theodore, Megan Rice, Michael R. Walli, Michele Naar-Obed, National Nuclear Security Administration, NNSA, nuclear weapons, protesters, restitution, Rodney L. Johnson, security breach, sentencing, Transform Now Plowshares, U.S. Department of Energy, U.S. District Court, uranium, WSI Oak Ridge, Y-12 National Security Complex, Y-12 protesters

Y-12 protesters to be sentenced Tuesday morning

Posted at 2:35 am January 28, 2014
By John Huotari 1 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, 2012. From left, they are Michael Walli, Megan Rice, and Greg Boertje-Obed.

The three protesters convicted on federal charges after sneaking into the Y-12 National Security Complex and splashing human blood and spray-painting slogans on a uranium storage building in July 2012 will be sentenced in U.S. District Court in Knoxville on Tuesday morning.

The sentencing hearing for the three anti-nuclear weapons activists—Greg Boertje-Obed, Megan Rice, and Michael R. Walli—is scheduled to begin at 9 a.m. Tuesday. The defendants will be sentenced individually after a joint hearing to hear witness testimony and objections to a pre-sentence report.

The government plans to call retired Brig. Gen. Rodney L. Johnson as a witness. He testified at the two-day trial in May, and he is the senior vice president and deputy general manager of security operations and emergency services at Y-12.

A Catholic nun, house painter, and laborer, Boertje-Obed, Rice, and Walli were convicted in May 2013 of destroying U.S. property and attempting to injure national defense premises. They acknowledged sneaking into Y-12 before dawn on July 28, 2012, and cutting through three fences in a high-security Protected Area before vandalizing the Highly Enriched Uranium Materials Facility, where most of the nation’s bomb-grade uranium is stored. But they said their unprecedented intrusion was peaceful, religiously motivated, and nonviolent, a symbolic disarming of Y-12. [Read more…]

Filed Under: Federal, Government, Slider, Top Stories, Y-12, Y-12 National Security Complex, Y-12 Security Breach Tagged With: bomb-grade uranium, Greg Boertje-Obed, Highly Enriched Uranium Materials Facility, Megan Rice, Michael R. Walli, nuclear operations, security breach, sentencing hearing, U.S. District Court, uranium storage, Y-12 National Security Complex, Y-12 protesters

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

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

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

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

Posted at 2:50 pm October 10, 2012
By John Huotari 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.

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

Ohio Republican introduces bill to transfer nuclear facility security to military

Posted at 4:01 pm September 22, 2012
By John Huotari 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…]

Filed Under: U.S. Department of Energy, Y-12 Security Breach Tagged With: B&W Y-12, Greg Boertje-Obed, Highly Enriched Uranium Materials Facility, Megan Rice, Michael R. Walli, Mike Turner, National Nuclear Safety Administration, NNSA, security breach, U.S. Department of Defense, U.S. Department of Energy, U.S. House Subcommittee on Strategic Forces, WSI Oak Ridge, Y-12 National Security Complex

Judge releases third Y-12 protester

Posted at 4:43 pm September 11, 2012
By John Huotari Leave a Comment

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…]

Filed Under: U.S. Department of Energy, Y-12 Security Breach Tagged With: Greg Boertje-Obed, Megan Rice, Michael R. Walli, security breach, U.S. District Court, Y-12 National Security Complex

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

Posted at 1:52 pm September 11, 2012
By John Huotari Leave a Comment

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…]

Filed Under: U.S. Department of Energy, Y-12 Security Breach Tagged With: Francis L. Lloyd Jr., Greg Boertje-Obed, Megan Rice, Michael R. Walli, security breach, U.S. District Court, Y-12 National Security Complex

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

Posted at 12:38 pm September 4, 2012
By John Huotari Leave a Comment

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…]

Filed Under: U.S. Department of Energy, Y-12 Security Breach Tagged With: Chris Irwin, Francis L. Lloyd Jr., Greg Boertje-Obed, Jeffrey E. Theodore, Megan Rice, Melissa M. Kirby, Michael R. Walli, U.S. District Court, Y-12 National Security Complex

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

Posted at 5:25 pm August 29, 2012
By John Huotari 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…]

Filed Under: U.S. Department of Energy, Y-12 Security Breach Tagged With: anti-nuclear weapons activists, Francis L. Lloyd Jr., Greg Boertje-Obed, Highly Enriched Uranium Materials Facility, Megan Rice, Michael R. Walli, protesters, security breach, U.S. District Court, Y-12 National Security Complex

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