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STRYKER PROTEST -- NEWS: Arraignment of the Tacoma 23 Print E-mail
Written by Mark Jensen   
Friday, 16 March 2007


The Olympian reported Friday on the arraignment of the Tacoma 23.  --  For reasons that no one could understand and that authorities would not explain ("The prosecutor at the arraignment wouldn't give his name or explain why some were charged and others weren't," reporter Matt Batcheldor noted) three persons were charged for going over a police barrier with a "citizen's injunction" to halt the shipment of Stryker vehicles at the Port of Tacoma on Sun., Mar. 11, but twelve others who had done the same thing were not.  --  "It makes no sense to me.  You better believe we're going to be filing selective-prosecution motions," said Lawrence Hildes, a lawyer representing many of those charged.  --  In addition, all eight protesters who refused to obey an arbitrary and illegal ban imposed by police on backpacks, bags, and purses in the demonstration area where charged with the same offense.  --  The Olympian published a list of those charged, and those not charged.[2]  --  The paper also published a "sampling of e-mails that the Olympia City Council received this week from residents expressing their opposition to or support for Councilman TJ Johnson."[3]  --  This included three statements of support (including one from Linda Frank of Pierce County) and two in opposition.  --  The difference between the two sides when it comes to careful writing and thoughtful prose is certainly strking; whereas the letters of support are cerebral, passionate, and extensive, the expression of opponents is visceral, vituperative, and brief.  --  Also on Thursday, the Olympian published a wrongheaded editorial proclaiming "What Johnson's arrest does is diminish his status in the eyes of many community residents."[4]  --  It misses the point that his arrest enhances his status in the eyes of those who regard the Iraq war as a sign that in America the time is out of joint, a sign that there has been severe failure on the part of multiple American institutions (this is the theme of Thomas Ricks's account of the Iraq war, Fiasco) and who are desperate for leaders who represent core American values and deep moral convictions.  --  The News Tribune (Tacoma, WA) at first failed to cover the arraignment, then, on Sun., Mar. 18, published a version of Matt Batcheldor's Olympian follow-up Mar. 17 article in the Olympian on Thursday.[5] ...


1.

COUNCILMAN NOT CHARGED IN TACOMA PORT PROTEST
By Matt Batcheldor

Olympian (Olympia, WA)
March 16, 2007

http://www.theolympian.com/101/story/70634.html

[PHOTO CAPTION: Olympia City Council member T.J. Johnson and Olympia resident Molly Gibbs look at their court papers Thursday in Tacoma. (Steve Bloom/The Olympian)]

TACOMA -- Olympia City Councilman TJ Johnson won't face charges for his role in protests Sunday against a military shipment at the Port of Tacoma bound for Iraq.

Prosecutors declined to bring charges against him and 11 others during an arraignment Thursday afternoon in Tacoma Municipal Court. But they charged 11 other protesters Thursday with refusing to obey a flagman, a misdemeanor.

Each pleaded not guilty. They are scheduled to appear at a pre-trial hearing April 24 in Tacoma Municipal Court.

A woman who was arrested for allegedly failing to allow a search of her car Saturday also was not charged Thursday.

The prosecutor at the arraignment wouldn't give his name or explain why some were charged and others weren't.

Those charged include eight people who were arrested for bringing a bag or backpack into a no-backpack zone designated by Tacoma Police.

Johnson said there was no physical barrier marking the zone.

But three others who were charged Thursday had done the same thing as those who weren't charged: stepped across a police line one by one to deliver a "citizen's injunction" calling for an end to a shipment bound for Iraq. Johnson did so and wasn't charged.

"I think it's interesting that they're choosing to prosecute some people but not others for . . . the same infraction," Johnson said.

Lawrence Hildes, a lawyer representing the 11 charged, was similarly baffled. "It makes no sense to me," he said. "You better believe we're going to be filing selective-prosecution motions."

Molly Gibbs, one of the protesters arrested but not charged, said it's a call for people who oppose the war to work to stop it.

"I think there's going to be an opportunity for the community to be involved," she said. "If you're not out here getting arrested, you can help in numerous ways."

2.

PROSECUTORS CHARGE SOME, DROP OTHERS IN TACOMA PROTEST

Olympian (Olympia, WA)
March 16, 2007

http://www.theolympian.com/101/story/70719.html

Below are the people who were and weren't charged Wednesday for their roles in protests at the Port of Tacoma. Their cities of residence were unavailable Thursday night.

CHARGED

Elizabeth Rivera Goldstein
Dennis Dutton
Leah Coakley
Patrick Edelbacher
Charles Bevis
Somerset Fetter
Gloria Norton [Sasha Crow]
Phan Nguyen
Jody Tiller
Matthew Reiss
William [Wes] Hamilton

NOT CHARGED

TJ Johnson
Dylan Snyder
Rosie Math
Margo Newman*
Sandra Mayes
Amanda Askea
Chris Stegman
Patty Imani
Andrea Robbins
Brooke Stepp
Sam Edwards
Linda Jansen
Molly Gibbs

* not arrested with the initial 23 on Sunday but arraigned Wednesday

3.

OLYMPIA CITY COUNCIL RECEIVES E-MAILS ABOUT TJ JOHNSON

Olympian (Olympia, WA)
March 16, 2007

http://www.theolympian.com/101/story/70718.html

Here's a sampling of e-mails that the Olympia City Council received this week from residents expressing their opposition to or support for Councilman TJ Johnson, who was arrested Sunday during a war protest at the Port of Tacoma.

***

To the Olympia City Council

We are writing in support of TJ Johnson. The actions he took on Sunday night got him arrested while participating in non-violent civil disobedience to prevent equipment from the 4th Stryker Brigade from being loaded at the Port of Tacoma on a ship bound for Iraq.

My husband Alec and I will not be able to be at tomorrow's city council meeting because of illness. But we want it known that we are very proud of TJ and the other citizens who participated for being willing to put himself at risk and taking this stand.

TJ is an inspiring leader for our community and we thank him for that.

Gabi Clayton and Alec Clayton, Olympia

***

Dear Olympia City Council Persons:

I wish I had time to more thoroughly express the admiration I have for TJ Johnson's civil disobedience. Risking arrest as a representative requires a great deal of courage. And when the majority of representatives in both local and national government fail to "represent" the people -- the large majority of people who are being negatively affected by a war of aggression being waged not only in their name but with their tax dollars -- a leader like Councilman Johnson begins to stand for people like me up in Tacoma who don't have any other leaders to stand up for me. I think you'll find ample numbers of people around the country who will look at Olympia and say "wow, that's the kind of government I'd like to have."

I was there on Sunday for the two inspiring acts of civil disobedience, and if you all could have seen TJ Johnson setting the tone for civility, negotiating with the officers for the safety of all concerned, I think you'd all have been proud to tout him as one of your own. I sincerely believe the same would be true for Olympia residents had they witnessed what I did.

Some of this country's greatest strides have been taken only because some members of the population were willing to risk jail by refusing to abide by an unjust status quo. Like Gandhi said, "A democracy can't work if people act like sheep."

To those who might say "what was our Councilman doing in jail" I invoke the story of Emerson coming to see Thoreau in jail and asking Thoreau "what are you doing in there?" Thoreau's response was something like "perhaps the more important question is, 'what are you doing out there?'"

I ask that of everyone who's now standing on the sidelines while men and women lose their lives in a conflict waged on intentional untruths proferred on trusting Americans by some in our Administration who are profiting obscenely from their sacrifice and the sacrifice of our civil society as a whole.

Sincerely, Linda Frank, Tacoma

***

Dear Mayor Foutch and Council Members,

I write in support of Council Member TJ Johnson and his decision to commit an act of nonviolent, well-planned civil disobedience to serve a citizens' injunction at the Port of Tacoma. I am aware that months of discernment and preparatory work went into the actions that took place on Sunday.

And while I did not cross the line on Sunday, I feel daily the pain and despair caused by the over 3,200 American deaths and perhaps over 655,000 Iraqi deaths. May we not forget that each day there are innumerable families here and in Iraq who are torn apart because they lost someone they loved deeply. Those who went to jail on Sunday felt it was a small price to pay to try, in some small way, to halt the river of grief that has been unleashed by this war; to attempt to limit the number of families who may be torn apart tomorrow, next week, or next year.

So I do not feel that TJ's actions were inappropriate or extreme. In fact, I believe he honored the position of responsibility he holds as an elected official during these times that require each of to think very deeply about what our responsibilities are as Americans.

Finally, I wish to ask each of you to refrain from public criticism of TJ. I am sure the criticisms from some members of the public will be coming in through email and perhaps at the Council meeting tonight. Instead of adding to the chorus, my request is that you honor TJ's decision, even if you don't agree with it. Civil disobedience is not an easy or comfortable path to take -- not today, not during the 1950s, and not during the 1930s when Gandhi led mass movements in India. It takes deep reflection, organization, and commitment. It is hard. Quick criticisms of the people who took part in Sunday's action represent, to me, a facile and glib desire to divide, rather than a willingness to understand.

Thank you for taking the time to read my email, and for your consideration of my request.

Alice Zillah

***

Dear Mayor Foutch,

Criminal behavior by an Olympia City Council Person such as committed by T.J.Johnson is totally unacceptable and should be grounds for his termination from the council. He intentionally committed a criminal act which should not be condoned by the other Council Members and action needs to be severely taken. Why should anyone else obey the law if he (as a civic leader) can get away with such blatant immoral actions. I ask for your swift and decisive action in response to anyones criminal behavior.

Frank Byles, Olympia

***

T J Johnsons' leading a protest against the shipment of military equipment thru the port of Tacoma raises some interesting questions -- was he using his office as lending credibility to this effort?? Is this the type of behavior that city council members endorse?? (I realize he has the right to protest -- the military has defended his right) I would think the city council should represent all the voters of the city???

Dan Kienow

***

Hi Mark,

With the continued spirited actions of TJ Johnson may we count on support from the council to suspend TJ and appoint someone else to fill his position until elections this fall? Criminal activities of any kind do not reflect well on the council or I as a citizen of Olympia.

Tim Koehler, Olympia

***

4.

Editorial

JOHNSON FAILED CONSTITUENTS

Olympian (Olympia, WA)
March 16, 2007

http://www.theolympian.com/207/story/70625.html

When he was appointed to office in August 2000, Olympia city council member Thomas W. "TJ" Johnson swore to uphold the Constitution and laws of the United States and state of Washington as well as the ordinances of the city of Olympia. He made the same promise on Jan. 13, 2004, when he began his current term on the seven-member council.

This week, Johnson let his constituents down when he was among about two dozen anti-war protesters arrested at the Port of Tacoma. The protesters object to the shipment of military equipment -- including vehicles and cargo -- that is headed to U.S. troops in the war zone. With his deliberate arrest, Johnson has become a scofflaw, not a role model. It's a good thing for the capital city and for its residents that Johnson has announced plans to vacate his council position at year's end.

Johnson and 22 other protesters were arrested on suspicion of criminal obstruction, a misdemeanor, according to Det. Brad Graham with the Tacoma Police Department. A Tacoma prosecutor declined Thursday to file charges against Johnson. Eight of the protesters were arrested after taking backpacks into a zone where backpacks were prohibited. Later, 15 people crossed a fence that separated the protest from the military equipment.

The arrests were peaceful, police and protesters agree.

Johnson's intentional arrest sends the wrong message to the community he purports to serve as a council member. Did Johnson not swear to uphold all the laws of the state and nation when he took his oath of office? What would happen if each of us only obeyed the laws we agree with? Surely the result would be chaos.

Johnson, as an American citizen, has a right to peaceably assemble, and to petition the government for a redress of grievances. Those rights are guaranteed to Johnson and every other American in the First Amendment to the U.S. Constitution.

But intentionally violating the law by stepping across a police barricade has no constitutional protection. It shows a lack of respect for the law and those public servants charged with enforcing the law.

As an elected official, Johnson has a bully pulpit to voice his opinion and to influence fellow policy makers. Those who attend City Council meetings or watch on TCTV know that Johnson has posted war casualty numbers on his computer at council meetings for months. It's clear that he has a passion to stop the war in Iraq. So why not use the power of his office for constructive dialogue with members of Congress and the Bush administration? How does getting arrested at the port further councilman Johnson's cause?

What Johnson's arrest does is diminish his status in the eyes of many community residents and his fellow elected officials. That makes him a less effective council member.

5.

SOME CHARGED, SOME AREN'T IN WAR PROTESTS
By Matt Batcheldor

News Tribune (Tacoma, WA)
March 18, 2007

http://www.thenewstribune.com/news/northwest/story/6420882p-5723365c.html

Olympia City Councilman T.J. Johnson and others still could be charged for their actions during recent protests of military shipments at the Port of Tacoma.

Tacoma assistant city attorney Jean Hayes said Friday that the reason 11 protesters were charged Thursday in Tacoma Municipal Court but that Johnson and 11 others were not was because of "insufficient information."

Court officials would not comment on the reason.

Johnson said he thinks some of the protesters aren't being charged as a way to intimidate them and decrease the likelihood that they'll protest in the future.

"If they have insufficient information to charge the others, what is the sufficient information they have for those they are charging?" he asked. "I find the whole thing continues to be bizarre."

Hayes said information to charge the protesters Thursday came from several police agencies, and prosecutors did not have all the reports even four days after the incident.

"All I know is we only charge those people that there was sufficient information on the reports that we have," she said.

Protesters had questioned why three people were charged for doing the same thing as those who weren't charged: stepping across a police line one by one to deliver a "citizen's injunction" to police.

Eight other protesters were arrested after bringing a bag or backpack into a no-backpack zone designated by Tacoma police. Johnson said there was no physical barrier marking the zone, and protesters said the U.S. Constitution allowed them to carry the packs into the zone.

The 11 were charged with refusing to obey a flagman, a misdemeanor.

Hayes said a prosecutor who refused to give a reporter his name on Thursday -- or release the names of those charged and not charged -- was busy, and that it wasn't his responsibility to hand over the names.

When asked if the office could produce a list of protesters charged in municipal court in the future, Hayes said that wasn't possible.


Last Updated ( Monday, 19 March 2007 )
 
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