[I believe herstory 17 is Sherman's girlfriend. Previous Politech message, which included Sen. Feinstein's statement: http://www.politechbot.com/p-05067.html --Declan] --- From: "herstory17" <herstory17@private> To: <declan@private> Subject: Important Update on Sherman Austin ! Date: Wed, 24 Sep 2003 23:23:53 -0700 Currently Sherman is being held at the Oklahoma City Transfer Prison awaiting to be moved possibly to Tucson, Arizona Prison. He's currently in a section known as segregation or the hole on 23 hour lockdown with no contact to other inmates, restricted phone calls, no commissary, and no sending or receiving letters. He's been in the hole since Sept 15, 2003. He is only allowed to call out once every 30 days, until he is transfered. We are still in great need of donations and a lawyer. We really need someone to help us get in contact with him. They will not allow the family or anyone to talk to him for the time being. They will only allow lawyers to talk to him. If you would like to help, please contact Jennifer Martin (shermans mother) @ Jmi46@private **************************************************************************** ****** The following is a a short thank to individuals that havehelped out, and then a Press Release in Response to Diane Feintein (which you can find at the end of this e-mail.) **************************************************************************** ***** Thank you to everyone who has faxed Dianne Feinstein. Sherman's situation remains of critical concern, and every effort matters. While many of you have contacted Feinstein or sent letters, we are also collecting signatures for a version of the letter that will be made public and distributed widely. In the coming weeks, a Free Sherman website, www.freesherman.org will be up and running. That site will include the letter with a list of signatures, updates on Sherman's legal situation, links to information, and ways to get involved. In the meantime, if you would like your name to appear on the PUBLIC letter of support, please send a message to ahurley@private Group endorsements are also welcome. Please include your title and/or how you would like to be listed. You should also include your address and contact information in the event that signatures need to be verified. A work address is also acceptable. None of this information will be shared or made public. This is simply to prevent any false signatures from appearing. A copy with a preliminary list of signatures is pasted below. You'll notice that the letter is introduced by a statement of support from Noam Chomsky and that people such as Howard Zinn and Zack de la Rocha have already signed. Thanks! Here it is: ********************************************************************* "The events reported in the statement below are deeply troubling. Sherman Austin appears to be the victim of a serious miscarriage of justice, and I hope that this matter is pursued quickly, fairly, and justly."- Noam Chomsky We, the undersigned, are united in our opposition to the selective prosecution and imprisonment of Sherman Austin, a twenty year-old African American webmaster and activist. Shermanıs sentencing sets a dangerous precedent for the future of our right to express dissent and marks a troubling escalation in the criminalization of critical thinking and the erosion of the very civil liberties and rights our society purports to value. On September 3, 2003 Sherman Austin surrendered himself to begin a one-year term in federal prison for the contents of a website that was authored by another boy and linked to Sherman's site, www.raisethefist.com, on a free-hosting area Sherman provided there. The other boy's site included a direct link to the "Reclaim Guide,² a manual that provides crude instructions on how to build explosives. While this boy has not been charged with any crime, Sherman, who had no part in writing or posting any of the offending material, was prosecuted under a 1997 law sponsored by Dianne Feinstein that makes it illegal to distribute information related to explosives with the intent to use that information in a "federal crime of violence." Numerous websites feature bomb-making instructions, and while such information is easily accessed via the internet and online bookstores such as amazon.com, Sherman, who has no history of violence and who did not write the "Reclaim Guide,² is the first person to be charged under this law. The key element in the case against Sherman hinged on the question of "intent." Because Sherman's site is critical of U.S. government policy, police brutality, globalization, and racism, the prosecution and judge maintained that his politics provided grounds for proving intent. Senator Feinstein, in a press release issued the day Sherman entered prison, expressed ³dismay² that prosecutors had not pursued the ³bombmaking² law ³aggressively² enough as a ³tool in fighting terrorism.² We ask, why is it that a nonviolent twenty year-old, someone whom the California Department of Corrections Senior Staff Psychologist determined ³does not represent a risk to society whatsoever² and described as ³a very, very peaceful, mild-mannered² person, has been sentenced under this law while others who present clear and identifiable threats, such as certain white supremacist and anti-choice organizations, have been permitted to distribute bombmaking information and make direct threats on individuals, clinics, and groups? We contend that the selective prosecution of Sherman Austin had everything to do with his race, his politics, his effectiveness as an internet activist, and his motherıs lack of financial resources to mount an aggressive legal defense. We find it significant and telling that the actual author of the site directly linked to the "Reclaim Guide" is the son of affluent and conservative white parents. We also question the validity of Shermanıs plea itself. Sherman, who was eighteen years-old when this case began, was told a "terrorism enhancement" would be applied to his case if he went to trial. This meant that he could have been subjected to an additional 20 years in prison if found guilty. We challenge the notion that a plea made under such circumstances could be truly voluntary. Sherman accepted two plea bargain agreements, one of which the judge rejected, sentencing Sherman to a term longer than what the prosecution suggested. As is evident in the court transcripts, the decisions of U.S. District Court Judge Stephen V. Wilson were neither fair nor impartial. He stated that he hoped Shermanıs case would serve as a deterrent to other activists and ³revolutionaries² and that he wanted to "send a message" by subjecting Sherman to a harsher sentence. As activists, educators, artists, and concerned individuals, we stand together to send a message back to Judge Wilson. We will not be silenced or deterred. Many of us have published, recorded, performed, or presented work that is critical of U.S. foreign policy, domestic examples of social injustice, and the effects of globalization. Some of us have made statements that could provide even more compelling grounds for applying the standard of ³intent² invoked in Shermanıs case had we offered free-hosting website space that the author of the ³Reclaim Guide² could have used. Because Sherman is now serving time in federal prison for having expressed opinions not unlike our own, we feel compelled to speak out lest we be next. Two days after entering prison, Sherman was moved into isolation because of death threats made by white supremacist groups. Thanks to numerous calls, faxes, and letters sent to prison officials, Sherman has now been transferred, but his safety in prison remains a concern. In the words of the Department of Corrections Psychologist, Sherman ³is likely to become a victim by virtue of his youth, slight build and naiveté. He is totally unprepared to defend himself in such a setting. He is more likely to become brutalized by the experience than to learn from it." We support the efforts underway to challenge the terms of Sherman's plea and probation, and we demand that prison and government officials ensure the safety of Sherman Austin while he remains in custody. Michael Albert Z Magazine and Znet Antonio Austin artist and writer Melanie Austin Rachel Austin graphic artist Shermane Austin, Ph.D Associate Professor, Computer Science Medgar Evers College The City University of New York http://nrts.mec.cuny.edu/saa/ Blase Bonpane, Ph.D. Director, Office of the Americas Margaret B. Carey Attorney at Law Denver, CO Alison Chubb, Ph.D. Biologist and videographer Redwood City, CA Nicholas De Genova Assistant Professor of Anthropology and Latina/o Studies Columbia University Zack de la Rocha Folk This! James Fujii Associate Professor of Japanese Literature University of California, Irvine Paul George Director, Peninsula Peace and Justice Center Palo Alto, CA Theodore Harris artist Philadelphia, PA Patricia Hartz, Ph.D. Humanities University of California, Irvine Julie Hoigaard, Ph.D. Social Science University of California, Irvine Adrienne Carey Hurley, Ph.D. Stanford Institute for International Studies Ramsey Kanaan AK Press Roger Linn Roger Linn Designs http://www.rlinndesign.com/ Josh Lofthouse Red Deer, Alberta, Canada Futoshi Nakagawa Tokyo, Japan Anahita New (U.K. National) Bangkok, Thailand David Remer Frankfurt, Germany Jennifer Martin Ruggiero Teacher of Computer Science & Imaging Stephen Ruoss, M.D. Associate Professor Stanford Medical School Carla Williams writer and artist Oakland, CA Deborah Willis-Kennedy Professor of Photography & Imaging Tisch School of the Arts New York University Armando Yañez San Jose, CA Prof. Howard Zinn http://www.howardzinn.org/ The following is Feinsteins Letter *********************************************** > FOR IMMEDIATE RELEASE: > Wednesday, September 3, 2003 > http://feinstein.senate.gov > >> Senator Feinstein Urges Department of Justice to > > Aggressively Enforce Bombmaking Statute > First person prosecuted under law > is scheduled to be taken into custody tomorrow > > Washington, DC - U.S. Senator Dianne Feinstein (D-Calif.) > has called upon the Department of Justice to aggressively > enforce a law that makes it illegal to distribute > information with the knowledge or intent that the > information will be used to commit a violent federal crime. > > This statute, which was established through legislation > sponsored by Senator Feinstein in 1997, was recently applied > for the first time in a case against Sherman Austin, an > anarchist who put links to bombmaking information on his > website. Austin, who is scheduled to surrender to U.S. > Marshals tomorrow, was sentenced to 12 months in prison, a > $2000 fine, three years of probation, as well as other > restrictions. > > In this case, according to press reports, the federal > prosecutor reached two separate plea agreements with Austin, > but the presiding judge threw out the initial pleas, saying > that they were insufficient and that the government was not > taking the crime "seriously" enough. > > In a letter to Attorney General John Ashcroft, Senator > Feinstein wrote: "I was pleased to learn recently that > Sherman Austin was sentenced earlier this month in federal > court in Los Angeles for violating 18 U.S.C. 842(p), a law I > authored mandating up to 20 years in prison for anyone who > distributes information knowing or intending that > the information will be used for a violent federal crime. > However, Thus, I write to request your assistance > in ensuring that DOJ personnel know about section 842(p) and > are aggressively enforcing it. > > > > A few weeks ago, because of Mr. Austin's admitted violation > of section 842(p), U.S. District Court Judge Stephen Wilson > sentenced him to 12 months of custody, a $2000 fine, three > years probation, and as well as other restrictions. > However, I was dismayed to learn that Judge Wilson imposed > this sentence only after throwing out two previous plea > agreements reached with Mr. Austin as too lenient. The > first plea agreement gave Mr. Austin one month in prison > followed by five months in a halfway house and the second > agreement gave him four months custody and four months in a > halfway house. > According to press reports, Judge Wilson stated at a hearing > on the second plea agreement that, while the Austin case had > 'national and international implications,' the government > was not taking it 'seriously' and that in fact the plea > agreement was 'shocking.' Subsequently, upon learning that > the plea agreement had not been cleared by top DOJ > officials, the judge asked the prosecutor to contact Main > Justice as well as FBI Director Robert Mueller and solicit > their views on the matter. > In my view-and apparently the view of at least one federal > judge-the Department of Justice needs to do a better job > making prosecutors aware of section 842(p) and ensuring that > they take the law seriously. It is dismaying that there has > only been one conviction under section 842(p) in the four > years that the law has been on the books and that, once that > conviction was obtained, a federal judge described the final > recommended plea bargain for the convicted individual as > 'shocking' in its leniency. Moreover, I was also disturbed > to read that Mr. Austin, in an interview after his > sentencing, stated that 'The fact that bomb-making > information is readily available on the Internet doesn't > concern the feds. If someone were to use a bomb to do > something illegal, there's plenty of information out > there..' > Last May, I met with then Deputy Assistant Attorney General > Alice Fisher and FBI Director Robert Mueller. Both Ms. > Fisher and Director Mueller assured me that they would > arrange for widespread distribution of information about > section 842(p) within their respective agencies. A month > later, Director Mueller informed me that the FBI had sent an > electronic communication to all field offices encouraging > awareness and enforcement of section 842(p). However, I > never received word that the DOJ Criminal Division had > issued any similar communication. > Section 842(p) should be an important tool in fighting > terrorism but, unfortunately, it has been little used. I > would greatly appreciate your assistance in getting the word > out to all to all appropriate components of the Department Section 842(p) should be an important tool in fighting terrorism but, unfortunately, it has been little used. I would greatly appreciate your assistance in getting the word out to all to all appropriate components of the Department of Justice about this statute." --- From: "Bodhi Man" <bodhiman@private> To: declan@private Cc: jya@private Subject: Zach De La Rocha/ Rage Against The Machine speaks on RAISETHEFIST.COM Date: Tue, 16 Sep 2003 10:38:06 +0000 Zach De La Rocha, former frontman for the rock band Rage Against The Machine appeared at a rally/benefit concert at the University of California, San Diego (UCSD) on August 29, 2003 for the embattled webmaster of the RAISETHEFIST.COM website, Sherman Austin. De La Rocha and his bandmates were known throughout the 90's for their angry, controversial lyrics and their support for equally angry and controversial social or political causes. A concert featuring local bands packed UCSD's collective The Che Cafe (Appropriately named after revolutionary Che Guevara) to capacity. As a result of this benefit show, Sherman Austin was able to pay off legal fines resulting from his case. Austin surrendered to federal custody one week later where he will serve a one year term. Attached are links to the Audio file of Zach commenting on the persecution of Sherman Austin and his reading of two relevant poems. http://www.raisethefist.com/8-29-03/zdlr-rtfbenefit-8-29-03.mp3 Narrative on the show: http://www.raisethefist.com/news.cgi?artical=wire/-----735113t4a.article other relevant items: Stanford University Professor reponds to feinstain comments on Sherman Austin's sentencing http://www.la.indymedia.org/news/2003/09/82945.php Feinsteins press release can be seen here: http://feinstein.senate.gov/03Releases/r-bombmaking3.htm (Thanks to Sherman's Girlfriend for providing this information) --- From: "Thomas Leavitt" <thomasleavitt@private> To: <declan@private> References: <6.0.0.22.2.20030915022620.01fd3df0@private> Subject: Re: Update on Raisethefist.com creator Sherman Austin, now in prison Date: Tue, 16 Sep 2003 07:33:57 -0700 Organization: B40 MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: 7bit X-Priority: 3 X-MSMail-Priority: Normal [expletive deleted] Feinstein What happened to this kid is just total bullshit! This is a despicable and absurd law, promulgated by a despicable and absurd career politician! If I'm employed when Feinstein comes up for re-election, I'm going to donate $1000 to the Green Party candidate, and $100 to the Libertarian candidate and the Peace and Freedom Party candidates running against her! I'd sooner cut off my hand than vote for her at this point! Thomas --- Date: Mon, 15 Sep 2003 10:28:26 -0700 From: "Major Variola (ret.)" To: declan@private, cypherpunks@private Subject: raisethefist conviction Note that http://www.animalliberation.net/library/publications.html has info on arson devices. Interesting that the feds picked on Sherman Austin. Should these docs be pulled we're sure they'll be mirrored, of course. _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/)
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