San Diego Activists Subpoenaed for Grand Jury
UPDATE: 6/20 - At least eight, possibly nine activists have received subpoenas at this point. In addition, the Acvitist San Diego house in City Heights was visited by 3 federal agents.
6/18 - At least 4 activists have now received subpoenas from the FBI, some being visited at work in an extra step of harassment. Those receiving the subponeas include David Agranoff, Colleen Dietzel and others. A community response will be announced soon.
The San Diego activist community has been the target of an intense campaign of harassment by federal law enforcement agencies, and that campaign went to a new level this morning. At a recent teach-in in San Francisco, a lawyer speaking about federal grand juries stated that they are often used in an attempt to "break the movement".
'This morning at 7:30AM, I was woken up by a knock on my door. The people knocking refused to identify themselves, simply saying they had "something for Michael Cardenas". When I opened my door, I found that it was two FBI agents. I wondered why I'm always at the door in my underwear when the FBI comes to my house. The agents were there to issue a subpoena to me for a federal grand jury to take place in San Diego on June 28th at 9:00AM.' - Michael Cardenas
The Grand Jury in San Diego continues the recent increase in government repression of political activity taking place all across the country, from New Jersey to San Francisco. Recently, 9 activists were subpoenaed in San Francisco. Last week an independent media activist Mark Conlan was visited and questioned by the FBI as well in connection with the La Jolla apartment complex fire set by the ELF in 2003.
In recent decades, the grand jury has been used increasingly to intimidate and harass activists who are pushing for social justice. Pressure on the animal rights, environmental justice, anti-war, and anarchist movements has been escalating. At a recent hearing before the Senate Committee on Environment and Public Works, John E. Lewis, Deputy Assistant Director of the Counterterrorism Division of the FBI, testified that, "Investigating and preventing animal rights extremism and eco-terrorism is one of the FBI's highest domestic terrorism priorities."
Grand Jury Teach-In Audio | San Francisco Subpoenas | Just Law Collective on Fighting Grand Juries | Last Week's FBI Visit in San Diego | Previous Home Raid | Another Raid Account on San Diego Fed Watch
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The case of Craig Rosebraugh is instructive. Craig was the spokesperson for ELF. As such, he maintained a high profile, but naturally avoided any illegal action that could expose him to legal repercussions and interfere with his ability to continue this informational function. He too was subpoenaed multiple times, purely for harrassment purposes. Each time, he refused to testify under the conditions imposed by the Grand Jury (e.g, no right to remain silent, no right to legal representation). The Grand Jury is a dangerous institution that was never intended for use against ordinary citizens. Its original purpose was to root out highlevel government conspiracy and corruption, where lower level officials needed the protection of immunity in exchange for acting as whistleblowers against higher-ups. It has been repeatedly abused in this fashion for the purpose of repressing grassroots social activism.
Craig was never convicted of contempt for refusing to cooperate with the Grand Jury. He took an honorable position and lived to tell the tale. If we all learned from his behavior, it could represent a powerful reproach to these repressive tactics.
I know I recieved one at work today. The Rocket scientists at the San Diego FBI(yeah you) are at it again. After all the raids turned up nothing after they learned we will not help them they insist on doing this bullshit over again. They couldn't catch the 9/11 hijackers here, what makes them think they can root out underground activists by Harassing above ground activists.
They have raided our homes and found nothing. They will get nothing from this. The only goal of this action is to intimidate us who helped put on Rod coranado as a speaker. We have not been intimadated before and we wont this time. Each subpoena is a attack on Freedom of speech. Freedom of association.
If they want to drag us in front of the court,put us in jail we will take it to the media and we will have alot of fun showing they spend taxpayer dollars putting people who promote Vegetarian lifestyles in jail well terrorists run free. Is this how San diegans want the FBI to act? How is this gonna look?
Come on feds? Let it go, your fishing and wasting your time. BTW when I getting my stuff back?
This information comes from a lawyer...
if people come to one's door to serve a Grand Jury subpoena (to
testify), and the subpoena is for somebody else besides the person who
answers the door, what is the person who answers the door obligated to
say or do?
Assuming California State Service rules apply, may be served by any person other than defendant. Holiness Church v. Metropolitan Church Assn. (1910) 12. Cal.App. 445, 448.
My be served only on person to be served. Holiness Church v. Metropolitan Church Assn. (1910) 12. Cal.App. 445, 448.
Person always has right of privacy not to answer door or say anything. Opposite of George Orwell philosophy of many law enforcement agents.
if there person the subpoena is for is in the house, is the
person answering the door obligated to tell the person they need to come
to the door for a subpoena?
NO (See U.S. Constitution.)
if the person is not there does the person
answering have to tell the people serving the subpoena this (they are
likely FBI agents, or have agents with them)?
NO (See U.S. Constitution.)
if the person is
traveling or does not live there anymore, does the person answering the
door have to let them know this?
NO (See U.S. Constitution.)
also, if FBI agents come to the door, knock and announce themselves, but
do not say they have a warrant, is a person obligated to answer the door
NO (See U.S. Constitution.)
(there seems to be grand jury subpoenas going around in san diego this
morning, and this is a pertinent question for those whose houses have
not been visited yet, or or will be visited later when they are home if
they aren't now. one account already posted here:
, and it's very, very certain there are more
subpoenas to be issued).
THE CAVEAT IS DO NOT LIE. DON'T GIVE FALSE INFO. BE RESPECTFUL. GET A WITNESS AND VIDEO CAMERA AND RECORD EVERYTHING. "NO"!!! (See U.S. Constitution.)
Wonder if it's related to the guy quitting that Amy Goodman interviewed:
"And you know, I mean, it's kind of perfume on a pig to keep changing these top people, because I don't think the top people are the problem."
Hey, you guys and gals facing the brunt of the FBI's police state tactics, by hauling you in front of the Grand Jury; remember, you will never walk alone. Those of us old and young, gay and straight, faith-based and free-thinkers, who value freedom, dissent, the sufferings of God's little creatures, the plundering of the Earth for profit and laugh at the keystone cops of Carol Lam, stand by you today - and tommorrow. In solidarity, rocky.
I think what needs to happen is to have a Community Forum on this. I personaly would like to know full stories as to what is going on here, such as why, who, and what if anything has been confiscated in raids here. We all need to be aware as to what is going on so we can help each other and inform those who dont know what to do when feds knock, or what to do during a raid, or even what a Grand Jury is.
Dear Carol Lam:
As a citizen of the United States, a former elected member of San Diego City Government (City Heights Planning Board)and an activist (director, San Diego Renters Union), I want to protest your moves against young activists in San Diego by this most recent Grand Jury shenanigans.
Also, as a former journalist (editor, San Diego Street Light and daily reporter, Fontana Herald-News) I would like to reprimand your officers for their attempt to badger and compromise my fellow journalist (and friend) Mark Conlan of Zenger's Magazine.
Now, while I am a Quaker (San Diego Friends Meeting) and abhor violence, including setting fires where people (and animals) can be hurt; I do not think the proper way of going about your investigation is to target young, idealistic activists (unless, of course, there is a different, greater agenda at play here.
Belonging to over 14 organizations and three coalitions, below is my e-mail to several thousand people I know and work with here in San Diego.
Remember, you actions do not occur in a vacuum. These people have friends, who have friends, who have....and a cause (the right to freedom and dissent as an American.
Thank you for your attention.
peace, Rocky Neptun
San Diego Renters Union
4019 Goldfinch, #322
San Diego, Ca 92103
Fellow San Diegans:
I think our response to these FBI actions will
determine whether we are, indeed, a movement or just a
rag-tag group of isolated noisemakers and rabble
I don't think that we should let these young people
go before the "modern inquisitors" alone. I propose
that the rest of us assemble outside the dungeon, or
courthouse, wherever these proceedings are held.
Remember, everyone; fear is the mind killer. They
want you afraid; fearful of activism and dissent,
least you are next.
In the 1930's, in Berlin, after Hitler's "election"
his brown shirted thugs started very slowly. First
they rounded up the radicals, the socialists, the
political types and no one protested because it was
someone else.Then they came for the gypsys and Gays,
then, of course, massive sweeps for Jews.
Let us dedicate ourselves - and our life's actions
- to making sure that will never happen in this
Yours in love and peace,
It really means a lot to me rocky.
I've been told that some folks are organizing a communit forum, it looks like you're organizing protests and another group of people are working on fundraising for legal support costs. More announcements will be made soon, I'm sure.
At least 3 activists in OB have received Grand Jury subpoenas. As near as I can tell it is due to being present at the showing of a certain movie/video.
today i heard from another person that somebody they knew had also been given notice to appear. So i think it is important for everyone who is involved to try and get in touch with each other so they dont hurt themselve sor others. This is an extremely serious issue and people should not be left to deal with this on their own.
Not 3 OB activists subpeonaed, 3 at the RC event, 1 subpoenaed.
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