March 28, 2011
The Disarm Now Plowshares activists were sentenced today at the Tacoma Federal Courthouse, receiving sentences of 6 months to 15 months confinement, plus one year supervised release. About two hundred fifty people gathered at the courthouse to support the Plowshares activists with their presence, song, and prayer. After the trial, they sang peace songs and processed out as a group, celebrating the beacon of hope the five activists have been for their community.
The five activists entered U.S. Naval Base Kitsap-Bangor on November 9, 2009 to symbolically disarm the nuclear weapons stored there
Roman Catholic Bishop Thomas Gumbleton, former U.S. Attorney General Ramsey Clark, and others testified on behalf of the defendants. Bishop Gumbleton, retired bishop of Detroit and founding president of the peace group Pax Christi, testified that the Catholic Church has spoken out very strongly against nuclear weapons, saying that no use of nuclear weapons can be justified morally. “We must abolish these weapons before the earth is destroyed.” Ramsey Clark, U.S. Attorney General under President Lyndon B. Johnson, testified that never in his life has he encountered such unselfish people as those who participate in the Plowshares tradition of direct action against nuclear weapons. Regarding their decision to live a life of civil resistance, he said, “Their consciences tell them they have to do it. God will bless them for it and the courts of the United States should too.”
Speaking as part of the Disarm Now Plowshares legal team, Anabel Dwyer and Bill Quigley laid out the broader legal picture of the case. “The problem is that nuclear weapons and the rule of law can’t exist side by side,” Dwyer said. “The other problem is, we cannot disarm nuclear weapons unless through the rule of law. We are in a conundrum here.” Quigley submitted that lawyers are obligated to “understand difference between law and justice and to narrow that gap.” He encouraged the judge to look back one hundred years and consider how many of the laws of that time were “legal but manifestly unjust.” Dwyer is a Michigan attorney and Board Member of The Lawyers’ Committee on Nuclear Policy (LCNP), and an expert in humanitarian law and nuclear weapons. Quigley is the Legal Director for the Center for Constitutional Rights in New York and Professor at Loyola New Orleans.
Each of the five co-defendants, Bill “Bix” Bichsel, SJ, Susan Crane, Lynne Greenwald, Steve Kelly, SJ, and Anne Montgomery, RSCJ, read statements in court. They focused on the personal responsibility they feel to disarm nuclear weapons, and their desire to prevent pain, suffering, and death for “those deprived by our wars and military budget of a human way of life.”
Character witnesses spoke to the defendants’ solidarity with Native people, children, working people, and the wider Tacoma community. Rosella Apel, age 11, said in her character witness for Steve Kelly, “I have a clear image that when I grow up I’m going to do the exact same thing that these five have.”
Crane and Kelly have each been sentenced to 15 months prison and one year supervised release. Greenwald has been sentenced to six months prison, one year supervised release, and 60 hrs community service. Bichsel has been sentenced to three months prison, six months electronic home monitoring, and one year supervised release. Montgomery has been sentenced to two months prison, four months electronic home monitoring, and one year supervised release. The group as a whole is ordered to pay $5300 restitution.
Roger Hunko, standby counsel for the Plowshares activists, disagreed with the outcome of the sentencing but expressed his respect for Judge Settle as a fair man. Dwyer was also impressed by the judge’s civility and his thoughtful attention to the case, but she too disagrees with the judge’s decision. “Every citizen has the right to ensure nonviolent complete nuclear disarmament. Trident is grotesquely illegal and criminal, and Disarm Now Plowshares should not be in prison for pointing that out.”
For more information see the Disarm Now Plowshares Website disarmnowplowshares.wordpress.com.