‘Resistance is the Secret of Joy’: Two Recent Court Cases

“Resistance” is the secret of joy, wrote Alice Walker in Possessing the Secret of Joy. In the great 20th century experiment of nonviolent civil disobedience, there are currently two cases worth keeping an eye on, reading about, and providing prayerful and material support to those involved.

Dennis Apel

1. Dennis Apel, longtime Catholic Worker, founder of Beatitude House in Guadalupe, Calif., and organizer of the peace witness outside the Vandenburg Air Force base, recently had his case heard before the U.S. Supreme Court. [Send donations to support Beatitude House here: 4575 9th St., Guadalupe, CA 93434]

Issue: When a military installation share custody over a public highway and designated “protest area,” can the base commander bar someone from that area? In what cases is a “public road” a “military zone”?

Judgment: Yes, a “military . . . installation” for purposes of § 1382 encompasses the commanding officer’s area of responsibility, and it includes Vandenberg’s highways and protest area.

Justice Ginsburg and Sotomayor concurred with the judgement. But, they said, “a key inquiry remains, for the fence, checkpoint, and painted line, while they do not alter the Base boundaries, may alter the First Amendment calculus …  it is questionable whether Apel’s ouster from the protest area can withstand constitutional review.”

It’s likely that Dennis’ lawyer will bring the case again, this time making a constitutional argument. Read more on this case here.

transform_now_plowshares2. Greg Boertje-Obed (age 58), Sister Megan Rice (age 84), and Michael Walli (age 65), Catholic peace witnesses, were sentenced last week to federal prison for roughly 5 years for Greg and Michael and 3 years for Sister Megan, for crossing the property line of the Oak Ridge, Tenn., nuclear weapons facility and spray painting bible verses and religious slogans on the outbuildings. (Read Washington Post reporter Dan Zak’s groundbreaking coverage.) [Send donations to assist the Transform Plowshares here: Dorothy Day Catholic Worker 503 Rock Creek Church Road, NW, Washington, D.C. 20010]

Their public witness was called Transform Now Plowshares. It is part of the faith-based Plowshares Movement, an effort by people of faith to transform weapons into real, life-giving alternatives, to build true peace. Inspired by the prophets Micah and Isaiah, Jesus and Gandhi, Transform Now Plowshares began a symbolic conversion of the Y-12 Highly-Enriched Uranium Manufacturing Facility on July 28, 2012.

Issue: The U.S. government charged the defendants with willful injury of a national defense premises with intent to harm the national defense (“Count One”) and willful injury or depredation of property of the United States in excess of $1,000 (“Count Two”). On May 10, 2013, Thapar cited the definition of “federal crime of terrorism” to rule that the protesters must remain in jail until their sentencing. The charge of sabotage – which could have brought a life sentence – was brought forward, discussed, and ultimately dropped.

Judgement: Judge Thapar sentenced Megan Rice to three years in prison for breaking into the U.S. nuclear weapons complex and defacing a bunker holding bomb-grade uranium, a demonstration that exposed serious security flaws. The two other defendants were sentenced to more than five years in prison, in part because they had much longer criminal histories. Judge Thapar said he was concerned they showed no remorse and he wanted the punishment to be a deterrent for other activists. They were also charged with more than $50,000 in fines.

Quotes worth noting:

A. “What is the national defense the three are accused of sabotaging? The answer to that question is not defined in the statute. The prosecution wishes to punish the defendants for interfering with national defense without 1) defining what national defense is and without 2) defining what part of their definition of national defense was interfered with by defendants.

The prosecution wants to use the vague sabotage charge as a blunt instrument to prosecute defendants and also as an impregnable shield to avoid admitting that there are preparations for a nuclear war going on at Y-12. The prosecution wants to proceed without admitting that materials for nuclear weapons are prepared, refurbished and stored at Y-12 or allowing defendants to put on any evidence about those weapons. There is a very good reason for the reluctance of the prosecution – the weapons themselves, thermonuclear warheads produced or refurbished at Y-12 are designed solely to reliably and effectively unleash mammoth amounts of heat, blast and radiation. The uncontested fact is that these weapons, as the prosecution well knows, cannot discriminate between civilian and military and are uncontrollable in space and time. They are designed to cause such massive damage that they necessarily would inflict unnecessary and indiscriminate suffering upon non-combatants and thus violate 18 U.S.C. § 2441. Likewise, the planning, preparations or threat to commit the war crime in 18 U.S.C. § 2441 are crimes in themselves.

This is why the prosecution wants to prosecute defendants for interference with a national defense without explaining that the “national defense” which defendants are claimed to be interfering with is totally based on first-strike thermonuclear weapons.” —OBJECTION TO MAGISTRATE’S REPORT AND RECOMMENDATION DENYING DEFENDANTS’ MOTION TO DISMISS NEW SABOTAGE CHARGE IN SUPERSEDING INDICTMENT

B. “[Judge] Thapar said the recommended sentences seemed extreme given the circumstances and did not distinguish between saboteurs and peace protesters. “Here, it seems like overkill,” Thapar said of Rice’s recommended sentence. “Six-and-a-half years for Megan Rice? Isn’t it supposed to be sufficient but not greater than necessary?”

Announcing the shorter sentences, the judge cited Rice’s decades of service and Walli’s military history, among other things. And he said he gave similar sentences to Walli and Boertje-Obed to avoid sentencing disparities. Even while emphasizing the importance of deterrence, though, Thapar acknowledged the good works of the defendants, which have ranged from volunteering in soup kitchens to teaching science in Africa.

“The court can say it is generally distressed to place good people behind bars,” Thapar said. “But I continue to hold out hope that a significant sentence may deter…and lead (the defendants) back to the political process that they seem to have given up on. Without question, the law does not permit the breaking and entering into the secure facilities of the United States.” Thapar urged the trio to use the political process and their community of supporters to go to Washington, D.C., to try to abolish nuclear weapons.”–Oak Ridge Today

C. Also fascinating is the “Heartland” Amicus brief and response by the defense on federal sentencing guidelines. Judge Thapar asked for guidance on whether he had to use the federal sentencing guidelines for “terrorism” in judging a nonviolent peace witness and how much he could take into account a defendant’s “good works” and contribution to the community.

Both cases remind me of practices in the early Christian church. A 3rd century Christian manual, called the Didascalia, reads as follows:

You shall not turn away your eyes from a Christian who for the name of God and for His faith and love is condemned to the games, or to the beasts, or to the mines; but of your labor and of the sweat of your face do you send to him for nourishment, and for a payment to the soldiers that guard him, that he may have relief and that care may be taken of him, so that your blessed brother be not utterly afflicted.[]

Pope Francis Takes Next Steps for Transparency of Vatican Bank

transparent_pig_250Pope Francis has vowed to take on the “third rails” of Vatican power: the Roman Curia and the Vatican Bank.

From news this week, he’s moving forward on cleaning house in the Vatican Bank! All of this is in line with the document released by the Pontifical Justice and Peace Council a few years ago on reforming global finance, a document that was sort of buried until Pope Francis started acting out of it. Here’s an excerpt from the Vatican Information Service release:

“The Holy See Press Office issued a press release on May 8 with the information that the Financial Intelligence Authority of the Holy See and Vatican City State (“Autorita di Informazione Finanziaria”, AIF), signed a Memorandum of Understanding that day, 7 May, in Washington, D.C., USA. The memorandum’s cosignatory was the Financial Crimes Enforcement Network (FinCEN), its United States counterpart at the US Department of Treasury. The purpose of the collaboration is to strengthen efforts to fight money laundering and the global financing of terrorism.

The Memorandum, signed by Rene Brulhart, director of AIF, and Jennifer Shasky Calvery, director of FinCEN, will foster bi-lateral cooperation in the exchange of financial information. “This is a clear indication that the Holy See and the Vatican City State take international responsibilities to combat money laundering and the financing of terrorism very seriously, and that we are cooperating at the highest levels”, said Brulhart. “The Vatican has shown that it is a credible partner internationally and has made a clear commitment in the exchange of information in this fight.”

Read more.
Read more on the the Justice and Peace document for reforming global finance.

Franciscans on 9/11: ‘Actions based solely on fear are rarely fruitful, and frequently destructive.’

At Mass today at St. Camillus, newly minted Franciscan friar Erick Lopez preached a powerful sermon. Drawing on the prescient lectionary readings from Sirach, Romans, and Matthew, he reminded us of the great compassion that we have all felt toward the victims of the al-Qaeda attacks.

He also read a letter from an Afghan third-grader to her American counterparts, in which she also expressed her compassion for those who had suffered in the attacks. This kind of unjustified violence is something her country has experienced for more than 30 years.

He laid out the path that one must walk to follow the Prince of Peace. A path that is paved with our human brokenness and that leads toward healing when we make a decision – every morning when we wake up – to choose to forgive. He concluded with a thundering voice from the pulpit: “We must NOT look for our security in flags, but in the cross of Jesus Christ.” The congregation responded with thunderous applause.

Below is a letter signed by representatives from eight Franciscan provinces in the U.S. and U.K. addressing the Sept. 11 memorial.

As the 10th anniversary of the Sept. 11 attacks approaches, the friars of Holy Name Province and seven other Franciscan provinces — six American along with one in England — have released a statement urging Catholics in the United States and around the world to stay informed, to stand firmly against all forms of prejudice and discrimination and to find responses that “can unlock the full potential of the human imagination for good.”

In this message, distributed last week to Holy Name friars, the collaborating provinces recommend five ways that friars and partners-in-ministry can “live the Gospel in the way of St. Francis.” The statement is also available in Spanish.

As we remember and honor, may we move away from fear and toward “the other”

Throughout the liturgical year, as Catholics and Franciscans we are called to remember events in the life of Christ, the Church and the holy men and women who served the Church. Likewise as Americans, we annually remember those individuals and events that have significantly shaped our nation. These days of remembrance — both religious and civil — invite us to examine where we’ve been as a Church and as a nation, where we are now, and where we need to go.

For the past 10 years, since Sept. 11, 2001, we have remembered the men, women and children — our family members, our friends and co-workers — who lost their lives on that tragic day. For many, the process of healing from that trauma continues to this day. In addition to summoning us to solemnly honor the dead and gratefully remember the many compassionate “first responders,” these annual commemorations also have underscored the urgent need to understand the complexity of our world in terms of politics, economics, culture and religion, particularly that of Islam.

To this end, many of our ministries have developed close relationships with local Muslim communities in order to learn from one another, to address common concerns, and to stand in solidarity with one another. The desire to know “the other” as friend is an essential challenge and a necessary aim for those who endeavor to follow Christ in the manner of St. Francis. We need only recall Francis’ encounter with the Sultan al-Malik al-Kamil in which he chose to engage Muslims peacefully and respectfully in a time of violence and hatred.

Seek Patience and Discipline. Such an effort on the part of friars and their partners-in-ministry is needed now more than ever, for while 9/11 has generated an interest in Islam for some, it has engendered excessive fear and hatred for Muslims in others. Left unanswered and unchecked, these fears can lead to prejudice, racism, hate-speech and even violence against our Muslim brothers and sisters. In the past decade, this has sometimes taken the form of attacks on Muslims in the U.S., their houses of worship and their Scriptures.

Many of these fears are based on perceived differences of values and faith. Yet, if the recent revolutions and uprisings in the Middle East are any indication, the vast majority of Muslims in the world fervently desire many of the rights and privileges that we enjoy under the U.S. Constitution.

These “spring uprisings” in the Middle East highlight for us a second challenge since Sept. 11, 2001: the urgent need to develop effective policies and strategies to deal with global violence and international terrorism through non-violent means. Ten years ago, the dominant belief was that the only way to respond to the attacks of Sept. 11 was by means of military force. We lacked the non-violent tools of robust diplomacy and crisis resolution which, coupled with an internationally shared strategy for police action, might have brought the perpetrators of the attack to justice without massive military intervention and additional loss of lives.

Regrettably, seeking the non-violent tools of robust diplomacy and crisis resolution is not an easy road to follow, but we must always seek the patience and discipline to pursue this path as a first option. We remain challenged to find responses that can unlock the full potential of the human imagination for good.

Be Not Afraid. As we move into the second decade after the tragedy of Sept. 11, we must, as people of faith, remember the words of Jesus who tells us: “be not afraid.” Actions based solely on fear are rarely fruitful, and frequently destructive. We are at a crossroads as a nation and world. We can choose to remain primarily on a path of excessive fear and the use of force, or we can choose to find new ways of building communities of respect and cooperation across faith traditions and national boundaries.

As brothers and sisters committed to living the Gospel in the way of St. Francis, we encourage you, your partners-in-ministry, and your families and friends to:

• Increase and deepen your efforts to understand and build relationships with our Muslim brothers and sisters, and indeed with all those from faith traditions different from our own.
• Stand firmly against all forms of prejudice and discrimination, including Islamophobia.
• Stay informed about world events through reliable sources of information in order to better access American foreign policies and their impact on others.
• Call for deeper investments in diplomacy and development so that options beyond military violence are employed.
• Take time for prayer, both private and communal, asking God for peace in your hearts and minds, for wisdom and understanding, for healing and forgiveness.

Followers of the Gospel — in particular followers of St. Francis — must never be timid or satisfied with lesser “solutions” born of fear and prejudice. Rather, let us be inspired by the bold example of our brother Francis who, obeying Jesus’ new commandment to “love one another,” reached out to the Sultan and thereby created new paths of peace.

Responding to Sept 11: ‘A Ubiquity of Flags’?

One of America’s top preachers and teachers Will Willimon, presiding bishop of the North Alabama Conference of the United Methodist Church, cuts to the heart of what Sept 11 has meant for the American Christian church.

On 9/11 I thought, For the most powerful, militarized nation in the world also to think of itself as an innocent victim is deadly. It was a rare prophetic moment for me, considering Presidents Bush and Obama have spent billions asking the military to rectify the crime of a small band of lawless individuals, destroying a couple of nations who had little to do with it, in the costliest, longest series of wars in the history of the United States.

The silence of most Christians and the giddy enthusiasm of a few, as well as the ubiquity of flags and patriotic extravaganzas in allegedly evangelical churches, says to me that American Christians may look back upon our response to 9/11 as our greatest Christological defeat. It was shattering to admit that we had lost the theological means to distinguish between the United States and the kingdom of God. The criminals who perpetrated 9/11 and the flag-waving boosters of our almost exclusively martial response were of one mind: that the nonviolent way of Jesus is stupid. All of us preachers share the shame; when our people felt very vulnerable, they reached for the flag, not the Cross.

September 11 has changed me. I’m going to preach as never before about Christ crucified as the answer to the question of what’s wrong with the world. I have also resolved to relentlessly reiterate from the pulpit that the worst day in history was not a Tuesday in New York, but a Friday in Jerusalem when a consortium of clergy and politicians colluded to run the world on our own terms by crucifying God’s own Son.–From Christianity Today

Why Civil Resistance Works: The Strategic Logic of Nonviolent Conflict

Palestinian nonviolence campaign
Palestinian nonviolence campaign

I was in a “webinar” (live online presentation thingy) recently with Erica Chenoweth from Wesleyan University. She was discussing her statistical work tracking contemporary nonviolent campaigns. Her data backs up what nonviolent strategists already know: it’s better than violence and more effective.

One factoid I found particularly interesting: “Foreign states are more likely to support violent campaigns against their common enemies than nonviolent campaigns. This can increase violent campaigns success to 41%, but is still less successful than nonviolent campaigns. But nonviolent campaigns seem to be better off without foreign support.”

I recommend checking out her slide show presentation and (if you are deep into this stuff) reading her excellent study. Watch for more of her work to come. Here’s an excerpt below:

Why Civil Resistance Works: The Strategic Logic of Nonviolent Conflict, by Maria J. Stephan and Erica Chenoweth

From 2000 to 2006 organized civilian populations successfully employed nonviolent methods including boycotts, strikes, protests, and organized noncooperation to challenge entrenched power and exact political concessions in Serbia (2000), Madagascar (2002), Georgia (2003) and Ukraine (2004–05), Lebanon (2005), and Nepal (2006). The success of these nonviolent campaigns—especially in light of the enduring violent insurgencies occurring in some of the same countries—begs systematic investigation.

Our findings show that major nonviolent campaigns have achieved success 53 percent of the time, compared with 26 percent for violent resistance campaigns. There are two reasons for this success. First, a campaign’s commitment to nonviolent methods enhances its domestic and international legitimacy and encourages more broad-based participation in the resistance, which translates into increased pressure being brought to bear on the target. Recognition of the challenge group’s grievances can translate into greater internal and external support for that group and alienation of the target regime, undermining the regime’s main sources of political, economic, and even military power.

Second, whereas governments easily justify violent counterattacks against armed insurgents, regime violence against nonviolent movements is more likely to back fire against the regime. Potentially sympathetic publics perceive violent militants as having maximalist or extremist goals beyond accommodation, but they perceive nonviolent resistance groups as less extreme, thereby enhancing their appeal and facilitating the extraction of concessions through bargaining.

Our findings challenge the conventional wisdom that violent resistance against conventionally superior adversaries is the most effective way for resistance groups to achieve policy goals. Instead, we assert that nonviolent resistance is a forceful alternative to political violence that can pose effective challenges to democratic and nondemocratic opponents, and at times can do so more effectively than violent resistance.

Read the whole article here.