SEPTEMBER 2006
September
13, 14 & 15
Bismarck Federal court, North Dakota
Jury Trial for Carl Kabat,
Michael Walli & Greg Boertje-Obed -
the “Weapon of Mass Destruction Here
Plowshares”.
Judge Daniel Hovland.
"No Clowning Around Weapons of Mass
Destruction!" -
Federal Judge: Priest and Two Veterans in WMD
Protest Must Go to Trial
By Bill Quigley.
A federal judge cleared the way for a priest and two
veterans to be tried before a federal jury on September
13, 2006 for damaging a Minuteman III intercontinental
nuclear missile in North Dakota.
The three, dressed as clowns, hammered and poured their
blood on the silo of the 40 ton weapon. The
bomb has over 20 times the destructive power of the one
dropped on Hiroshima. If convicted on the felony
charges of criminal damage to property, each face up to
10 years in federal prison and fines of up to
$250,000.
They dressed as clowns "to show that humor and
laughter are key elements in the struggle to transform
the structures of destruction and death. Clowns as court
jesters were sometimes the only ones able to
survive after speaking truth to power."
Warheads launched from the Minuteman III missile silo can
reach any destination within 6000 miles in 35
minutes. The nuclear bomb launched from a Minuteman
silo produces uncontrollable radiation, massive heat
and a blast capable of vaporizing and leveling everything
within a 50-mile radius. Outside the 50 square miles --
extending into hundreds of miles -- the blast,
wide-spread heat, firestorms and neutron and gamma rays
are intended to kill, severely wound and poison every
living thing and causing long-term damage to the
environment.
Because the Minuteman III is a weapon of mass
destruction, they argued, it is illegal under
international law.
In a statement, defendants challenged the hypocrisy of
U.S. policy on nuclear weapons. "US leaders
speak
about the dangers of other nations acquiring nuclear
weapons while our nation has thousands of horrific
weapons of mass destruction. Our nation fails to
act in accordance with the Nuclear Non-Proliferation
Treaty which commits the U.S. to take steps to disarm its
weapons of mass destruction. We act in order to
bring attention to people's responsibility for disarming
weapons of state terrorism."
The judge refused to dismiss the charges saying:
"The laws of the United States do not support the
theory
that an individual has a right or responsibility to
correct a perceived violation of international law or
humanitarian law or tribal law or religious law by
willfully destroying government property."
Known as the Weapons of Mass Destruction Here Plowshares,
the defendants are: Fr. Carl Kabat, 72, a
Catholic priest who has spent more than fifteen years in
prison for anti-nuclear protests; Greg Boertje-Obed, 51,
a husband, father and ex-military officer; and Michael
Walli, 57, a Vietnam vet. Boertje-Obed and Walli are
members of the Loaves and Fishes Catholic Worker
community in Duluth, Minnesota.
Francis Boyle, a professor of law at the University of
Illinois, submitted his legal opinion to the court in
support of dismissing the charges: "Where the
"property" allegedly damaged is part of an
illegal and criminal threat of use of a weapon of mass
destruction - these defendants acted lawfully and
reasonably to prevent the most egregious and
fundamentally prohibited of all crimes, war crimes."
Testimony from the Mayor of Hiroshima about the effects
of nuclear weapons and the 1996 advisory opinion of the
International Court of Justice outlawing nuclear weapons
were submitted to the court.
"We are not criminals," Fr. Kabat told the
court. "We are following the laws of morality.
These weapons are
the crimes against humanity!"
The jury trial will be held in Bismarck, North
Dakota. Defendants, who remain in jail awaiting
trial, are now dressed in black and white striped jail
jumpsuits. No word yet on how they intend to dress
for their appearance in court.
Bill is a human rights lawyer and teaches at Loyola
University New Orleans School of
Law. Bill is a legal advisor to the
protestors. You can reach him at Quigley@loyno.edu
from the Bismarck Tribune, August 21, 2006
Why no debate on N.D.'s missiles?
By GREG BOERTJE-OBED
and the Rev. CARL KABAT
For the past seven weeks we have been reading your
paper at every opportunity in different jails, and we
have seen many articles and commentaries on the crises
with Iran, North Korea and Iraq. However, there seems to
be a lack of awareness of how these tragedies are related
to the nuclear missiles in North Dakota and other
midwestern states.
We contend that if the people of the heartland would
speak up and agitate for the United States to follow its
treaty that requires the U.S. to continue to disarm, it
would be an encouraging example for other peoples to join
in the nonviolent struggle of disarming all nuclear
weapons of mass destruction.
The question must be asked why these North Dakota weapons
are not currently debated or opposed much in public
forums. We wonder if part of the explanation could be
that relatively few people live here, and therefore
perhaps people feel they would have less likelihood of
being heard or able to influence decision-makers in
Washington.
However, throughout history it has been noted that small
numbers of people working together with patience and
persistence have been the key factor in bringing about
social change. The 150 nuclear horror weapons here in
farm fields ought to be a cause for study, reflection and
the taking of steps to disarm these nuclear weapons
designed for an offensive, first-strike strategy.
(Boertje-Obed and Kabat with one additional peace
activist have been charged with criminal trespass and
criminal mischief after allegedly infiltrating a
Minuteman III missile silo site in northwestern North
Dakota on June 20. The letter writers currently are being
held in the Burleigh County Detention Center as they
await trial in September. — Editor)
COMMENT:
NO WMDs wrote on August 21, 2006 9:34 AM : "Greg and
Carl raise a really important question: why don't more
North Dakotans stand up against weapons of mass
destruction in our state. I guess people have been pretty
passive about going along with whatever the
"military industrial complex" has in store for
us. Everyone has a responsibility to work for nuclear
disarmament wherever they live. As Greg and Carl write,
the United States has signed on to the non-proliferation
treaty in which we said we would work for nuclear
disarmament. Obviously that hasn't happened, but it's
more important than ever. It's interesting that the only
president of the United States that has ever actually
called for the abolition of nuclear weapons was Ronald
Reagan. There's an interesting book on that topic.
Thanks, Greg and Carl for your efforts. I hope everyone
who reads your letter will feel inspired to take on some
part of the responsibility of working to stop the
proliferation of weapons of mass destruction and also the
elimination of these weapons."
During the 60s North Dakota had one of the largest
concentrations of weapons of mass destruction in the
world. That has been reduced because of Arms Reductions
Treaties after the Cold War ended in 1990s. Actually, the
three biggest nuclear weapons countries would have USA,
Soviet Union, and ND. Unfortunately, we still have 150
Minuteman Missiles in the Minot Field.
Franc wrote on August 21, 2006 8:04 AM : "Clowns
(literally) in jail shouldn't be allowed to read the
paper, much less write editorials to the local fishwrap.
I thought their 15 minutes was up, but I guess we'll have
to endure their "anti-nuke" rants a little
longer."
Weapons of Mass Destruction Plowshares
 |
Greg
Boertje-Obed —51; from Duluth,
Minnesota; member of Loaves and Fishes Catholic
Worker and Veterans for Peace; former U.S. Army
officer; participant in previous plowshares
actions which disarmed Trident II nuclear missile
tubes in Rhode Island, combat helicopters and
nuclear-capable war planes in Pennsylvania, and a
Tomahawk nuclear-capable missile launcher and
missile tubes in Virginia; married to Michele
Naar-Obed; father of Rachel Obed,--11 years old. “ I believe Jesus led us to do this witness based on his teachings of intervening for the sake of the poor. These weapons are killing us and the poor today. I believe this plowshares action is a natural extension of our Catholic Worker mission which is hospitality, providing for the needs of the poor, and defending the poor.” |
| Carl Kabat, OMI —72;
from St. Louis, Missouri; 47 years a Roman
Catholic priest; worked as a missionary in the
Philippines and Brazil; participated in the first
plowshares/pruning hooks action in 1980 and the
first Silo Pruning Hooks action in 1984 and other
plowshares actions; served about 16 years in
jails and prisons. “We are fools and clowns for God and humanity's sake. Over 2,500 American soldiers have died because of nuclear weapons in the past several years in Iraq . … I remember Eisenhower who said that every weapon that is made is a theft from the poor…. The only condemnation of Vatican II was that nuclear weapons are a crime against humanity and are to be condemned unreservedly.” Carl Kabat, OMI |
 |
 |
Michael R. Walli— 57; Vietnam veteran; Roman Catholic; currently residing in Duluth, Minnesota I've been influenced by the teachings of the Roman Catholic Church, and the teachings of the late Pope John Paul II to oppose the culture of death, and this plowshares action seems to me to be a suitable way of acting on these teachings . Michael Walli
|
For more information about the upcoming trial contact the
Loaves and Fishes Community in Duluth at 218.728.0629 or
Nukewatch at 715.472.4185. Copies of some
pleadings in the case, pictures and updates from the men
are posted on the Jonah House website
http://www.jonahhouse.org