Feds Win Right to War Protesters' Records AP Sat Feb 7, 2:06 PM ET

BY RYAN J. FOLEY, Associated Press Writer

DES MOINES, Iowa - In what may be the first subpoena of its kind in decades, a federal judge has ordered a university to turn over records about a gathering of anti-war activists.

In addition to the subpoena of Drake University, subpoenas were served this past week on four of the activists who attended a Nov. 15 forum at the school, ordering them to appear before a grand jury Tuesday, the protesters said.

Federal prosecutors refuse to comment on the subpoenas.

In addition to records about who attended the forum, the subpoena orders the university to divulge all records relating to the local chapter of the National Lawyers Guild, a New York-based legal activist organization that sponsored the forum.

The group, once targeted for alleged ties to communism in the 1950s, announced Friday it will ask a federal court to quash the subpoena on Monday.

"The law is clear that the use of the grand jury to investigate protected political activities or to intimidate protesters exceeds its authority," guild President Michael Ayers said in a statement.

Representatives of the Lawyer's Guild and the American Civil Liberties Union (news - web sites) said they had not heard of such a subpoena being served on any U.S. university in decades.

Those served subpoenas include the leader of the Catholic Peace Ministry, the former coordinator of the Iowa Peace Network, a member of the Catholic Worker House, and an anti-war activist who visited Iraq (news - web sites) in 2002.

They say the subpoenas are intended to stifle dissent.

"This is exactly what people feared would happen," said Brian Terrell of the peace ministry, one of those subpoenaed. "The civil liberties of everyone in this country are in danger. How we handle that here in Iowa is very important on how things are going to happen in this country from now on."

The forum, titled "Stop the Occupation! Bring the Iowa Guard Home!" came the day before 12 protesters were arrested at an anti- war rally at Iowa National Guard headquarters in Johnston. Organizers say the forum included nonviolence training for people planning to demonstrate.

The targets of the subpoenas believe investigators are trying to link them to an incident that occurred during the rally. A Grinnell College librarian was charged with misdemeanor assault on a peace officer; she has pleaded innocent, saying she simply went limp and resisted arrest.

"The best approach is not to speculate and see what we learn on Tuesday" when the four testify, said Ben Stone, executive director of the Iowa Civil Liberties Union, which is representing one of the protesters.

Mark Smith, a lobbyist for the Washington-based American Association of University Professors, said he had not heard of any similar case of a U.S. university being subpoenaed for such records.

He said the case brings back fears of the "red squads" of the 1950s and campus clampdowns on Vietnam War protesters.

According to a copy obtained by The Associated Press, the Drake subpoena asks for records of the request for a meeting room, "all documents indicating the purpose and intended participants in the meeting, and all documents or recordings which would identify persons that actually attended the meeting."

It also asks for campus security records "reflecting any observations made of the Nov. 15, 2003, meeting, including any records of persons in charge or control of the meeting, and any records of attendees of the meeting."

Several officials of Drake, a private university with about 5,000 students, refused to comment Friday, including school spokeswoman Andrea McDonough. She referred questions to a lawyer representing the school, Steve Serck, who also would not comment.

A source with knowledge of the investigation said a judge had issued a gag order forbidding school officials from discussing the subpoena.

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On the Net:

Drake University: http://www.drake.edu/

National Lawyers Guild: http://www.nlg.org/

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FEDS DROP ALL SUBPOENAS AGAINST PEACE PROTESTERS, UNIVERSITY

** Advocates Rally At Federal Courthouse Tuesday **

From: TheIowaChannel.com --http://www.theiowachannel.com/education/2833197/detail.html

February 10, 2004 – 6:38 PM CST

DES MOINES, Iowa -- After almost a week of controversy, the U.S. attorney in Des Moines dropped four subpoenas against local peace protesters and one subpoena against Drake University Tuesday.

The attorney said in just-released court documents that all five subpoenas are quashed. A reason for the withdrawals was not given.

The grand jury issued subpoenas to at least four Iowans last week: Wendy Vasquez, Elton Davis, Patti McKee and Brian Terrell. Drake University was also ordered to divulge records relating to an antiwar forum held last November. Drake President David Maxwell said the gag order against the university was also lifted Tuesday.

The case has received national attention and has outraged peace activists and civil libertarians. Tuesday morning, peace activists held a prayer vigil at the Des Moines Valley Friends Meeting House at 42nd and Grand. Two people under federal subpoena were there. Shortly after noon Tuesday, advocates rallied in front of the federal courthouse in Des Moines.

When the subpoena withdrawal was announced Tuesday during the rally, the crowd outside the courthouse cheered wildly.

TRESPASSING INVESTIGATION

Monday, a federal prosecutor said subpoenas seeking records of a legal activist group and ordering four antiwar activists to testify before a grand jury are linked to an investigation into trespassing at Camp Dodge last November. Earlier that day, the U.S. Attorney's Office in Des Moines postponed those four appearances before the grand jury. And Monday evening, U.S. Attorney Stephen O'Meara provided the first official details of what the investigation is about. O'Meara said reports that the case is being investigated as an "antiterrorism" matter that involves the United States Patriot Act are "not accurate."

The four activists had been scheduled to appear Tuesday, but the government pushed it back until next month. Reasons for the delay were not given.

The grand jury was also seeking documents and information from Drake, though a legal activist group is asking a federal judge to throw out the subpoena.

The federal government issued the subpoena last week because it wants records of an antiwar forum that took place Nov. 15 at Drake and of a war protest the next day at Camp Dodge. Polk County Sheriff's deputies arrested some of the protesters.

In a statement released Monday evening, U.S. Attorney Stephen O'Meara in Des Moines said: "The narrow purpose and scope of that inquiry is to determine whether there were any violations of federal law, or prior agreements to violate federal law, regarding unlawful entry into military property -- and specifically to include whether there were any violations as a result of an attempt to enter within the fenced, secure perimeter at Camp Dodge."

O'Meara said the investigation "does not relate to the rally held at STARC Armory on Nov. 16." He confirmed his office is investigating an event that occurred at Camp Dodge at or about the same time as the peace rally at STARC Armory. Several protesters were arrested at that well-publicized event where law officers were waiting for protesters who crossed over a line demarking National Guard property. The investigation appears to pertain to an incident that same day elsewhere on Camp Dodge property where someone entered or attempted to enter the fenced area of the military property.

As for the protestors, O'Meara said, "The United States Attorney's Office does not prosecute persons peacefully and lawfully engaged in rallies which are conducted under the protection of the First Amendment to the Constitution of the United States."

O'Meara said reports that this matter are being investigated by the Joint Terrorism Task Force are not accurate. The subpoenas were served by a local sheriff's deputy who works on the FBI Joint Terrorism Task Force.

DRAKE SUBPOENA

Though a judge has gagged Drake from discussing the case, the National Lawyers Guild, which helped sponsor the antiwar conference, faxed KCCI a copy of that Drake subpoena. It asks for all conference records, including names of people who were there.

The grand jury also wants Drake's names and records of the National Lawyers Guild's campus chapter and Drake security records, including any observations of what happened at the forum.

The guild filed court documents asking a judge to block the grand jury's subpoena: "To the extent that the grand jury is being employed for the purposes of probing into protected political and associational activities or intimidating and harassing supporters of the peace or antiwar movement, the grand jury has clearly overstepped its authority."

HARKIN INQUIRY

Iowa Sen. Tom Harkin told NewsChannel 8 he's writing U.S. Attorney General John Ashcroft asking him for more information.

"I want to know what is going on. I want to know what is happening here and why these subpoenas are being issued," Harkin said, prior to release of the statement from the U.S. attorney in Des Moines.

In a letter to Ashcroft released Tuesday, Harkin said: "Prosecutors should be particularly vigilant about using extraordinary steps in cases when such a treasured American value as free speech is at stake. I hope that the steps taken in this case are an effort to protect citizens and security, not to silence legitimate voices calling for peace.

"When law enforcement measures are disproportionate to the activities they target, or when they appear to target activities that are legitimate expressions of dissent, then those law enforcement measures have a chilling effect. They stifle liberty instead of protecting it."

Federal officials had previously refused to provide any information about the grand jury inquiry. The statement released late Monday came after national attention began focusing on the case in Des Moines. Reporters for both the New York Times and Los Angeles Times were working on the story Monday.

Tuesday, the American Friends Service Committee demonstrated in front of the federal courthouse in Des Moines around noon.

-- Mark K. Jensen Associate Professor of French Chair, Department of Languages and Literatures Pacific Lutheran University Tacoma, WA 98447-0003 Phone: 253-535-7219 Webpage: http://www.plu.edu/~jensenmk/"

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