Category Archives: Grand Jury

Steve Martinez Still Resists Grand Jury Related To Dakota Access Pipeline Struggle

Steve Martinez Still Resists Grand Jury Related To Dakota Access Pipeline Struggle

Steve Martinez giving a fist up salute in front of Federal Courthouse in Bismark, ND
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It’s been nearly half a decade since thousands of indigenous water and land defenders and their accomplices and allies weathered a difficult winter and attacks by law enforcement and private security attempting to push through the Dakota Access Pipeline through so-called North Dakota. The DAPL was eventually built and has already, unsurprisingly damaged the lands, waters and sacred sites of the Standing Rock Sioux and other people native to the area. Resistance has also continued to this and other extractions and pipeline projects across Turtle Island and the defense against DAPL surely inspired and fed many other points of opposition in defense of the earth and native sovereignty.

On one night in November, 2016, as government goons leveled fire hoses and “less-lethal” armaments at water defenders in freezing temperatures, Sophia Wilansky suffered an injury from an explosion that nearly took her arm. An Indigenous and Chicano former employee of another pipeline project named Steve Martinez volunteered to drive Sophia to the hospital in Bismark. For this, he was subpoenaed to a Federal Grand Jury, which he refused to participate in. Now, almost 4 and a half years later, Steve is being imprisoned for resisting another FGJ in Bismark. For the hour, we hear from Chava Shapiro with the Tucson Anti-Repression Committee and James Clark, a lawyer who works with the National Lawyers Guild, talk about Steve’s case, the dangers of Grand Juries, and why it’s imperative for movements to support their incarcerated comrades.

More info on the case and ways you can support Steve, plus more info on Grand Juries can be found at SupportSteveMartinez.com and you can also follow the campaign on Twitter via @SupportSteveNow, Instagram via @SupportSteveMartinez and donate at his GoFundMe.

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Featured Track:

  • Deep Cover (instrumental) by Dr Dre

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Transcription

The Final Straw Radio: Would you please introduce yourselves to the audience with any names, preferred pronouns, affiliations or other information that pertain to this chat?

Chava: My name is Chava I work with Tuscon Anti-Repression Committee in Tohono O’odham territories, also known as Tucson. And I have done anti-repression and movement defense work for around 13 years, and grand jury support work for the last four or five years. And I use they/them pronouns.

James: My name is James, I use he/him pronouns. I’m a lawyer with the National Lawyers Guild based out of Austin, Texas. And I’ve also been doing anti-repression and activists legal support for about 13 years now, including a number of grand jury support situations.

TFSR: So would you please tell us who’s Steve Martinez and how did he come to be called before a federal grand jury after a brutal night in November of 2016. And what happened with that grand jury back then?

C: Steve started out coming to Standing Rock, really thinking that he was just going to drop off water. And he actually had been working in the oil fields, the Bakken oil fields in western North Dakota prior to that, heard about what was happening at Standing Rock, and was really inspired by what he had seen and heard about happening, even though he was also working for the oil fields and the oil company.

He’s Indigenous from Pueblo community in northern New Mexico and also Chicano and grew up in southern Colorado, and just inspired by the Indigenous land resistance and movement happening. And so he loaded up his vehicle with water to come and take it to the camps, and then he never left. And he became really involved in what was going on there. From the point of the summer, all the way up to that night that you mentioned in November. Which a lot of people remember that there were fire hoses used – and, you know, sub freezing temperatures – by law enforcement on water protectors that night in a conflict that lasted, you know, 12 to 14 hours on the bridge in those cold temperatures. And a young woman named Sophia Wilansky was really gravely injured that night, presumably due to law enforcement’s use of so called “less lethal munitions”. She nearly lost her arm.

When she was injured, getting emergency services was almost impossible for emergency vehicles and services to get to that point on this highway that had been blockaded by law enforcement at that point for around a month or more. And in order for her to get to emergency services, she would have to be driven by someone who was on the other side of that blockade. And that person who volunteered to do that was Steve, who was acting as a Good Samaritan doing the right thing in that moment. And then just really, a handful of days later was subpoenaed before a grand jury. And his presence was requested to provide information – they said they were asking for information – related to Sofia Wilansky’s injuries. So any testimony he could provide, or any images he might have taken on a cell phone or anything like that.

Steve didn’t know what that subpoena was when he received it. And so he reached out to a relative that stayed in the same camp that I did at the time – I had gone up there to do legal support for people – and his relative then came to me and said “Hey, can you speak with my uncle? He’s received some kind of subpoena we don’t really know what it is.” And at that time, just pulled his uncle into a tent and that uncle turned out to be Steve, and immediately from that moment that he received that paperwork, he asked for support, and then happened to have one of the best, most knowledgeable movement attorneys on grand juries in camp that day, which is Lauren Regan from the Civil Liberties Defense Center.

You know, maybe it’s just pure luck. Maybe it’s, you know, serendipitous, or that Lauren happened to be there that day. But we were able to immediately get Steve talking with an attorney who could explain to him the process. And then also from that exact day, moving forward, it also began a massive outreach with the thousands of people who were staying in camp at that point, about grand jury occurring subpoenas going out, at least one known subpoena at that point. And then also initiated the nationwide education campaign, because many tens of thousands of people had come and gone from the camps. And so that is where Steve was four years ago. But almost exactly four years later, he was subpoenaed to this new grand jury. And he, again, has refused to comply, because he’s acting in immense solidarity with a movement that he believes in, which is a movement for Indigenous sovereignty over lands and waters, and to protect those things, and a deep love and care for his comrades. And so that’s where we are now. And how we got there.

TFSR: Do people feel like they have an understanding of what this grand jury is specifically about? And does that matter?

J: We’re quite confident that it’s about the situation regarding Sofia Wilansky. One sort of important development between Steve’s grand jury subpoena in 2016, and when he got subpoenaed again in 2020, was that Miss Wilansky has sued Morton County over their use of, you know, these “less lethal munitions” that caused her injury. And in, I can’t remember if it was October or November of 2020, the judge in that Civil Lawsuit made a ruling that she could seek to compel the government to disclose evidence, specifically the fragments that were taken from her arm during surgery. And it was just a matter of days after that court’s ruling in the civil lawsuit that Steve was, again, subpoena to this grand jury. So it’s kind of you know, the timing is is convenient, as they say.

C: Yeah, I think you spoke well, to that, James, the timing is is suspect. And I think it’s also interesting to note that throughout the whole course of legal battles related to Standing Rock – both criminal and civil legal battles – there has been some signs of real collusion between civil court and criminal court. There’s been a number of attempts at SLAPP suits and civil suits by ETP (Energy Transfer Partners) that continue even now. And this timing of, you know, this win in Sofia’s case with that judge to compel the government to turn over this evidence – which I’ll just note there were FBI agents lurking outside of her surgery room outside of the OR, waiting to confiscate those items, while her family is like crying in a hallway. I just think it’s important to remember the cruelty of the state in the course of this entire situation. Because I don’t think that’s most people’s experience when they’re in a really scary, dangerous situation that involves possibly losing a limb or use of that limb.

And so the way that it looks like, the government has been able to make sure Sophie’s attorneys cannot get that evidence back from the federal government is by saying it’s part of an ongoing investigation. And so if there’s a new grand jury looking into these facts from, who knows, what, four years ago? Then they can’t turn that evidence over to the civil court, because there’s this ongoing criminal investigation. So it seems pretty well timed and convenient on their part, and really just a continued leverage of cruelty against Sofia, and against other water protectors who were injured and harmed at the hands of law enforcement. And also unbelievable amount of cruelty leveraged against Steve, who, all he did on that night was the right thing. And now, four years later, he’s dragged back before a grand jury in what seems like just using him as if he’s upon, but he’s a real person with a family and a life. And now he’s separated from them while he’s incarcerated.

J: I think the other key portion of this story, and the cruelty the Chava is talking about, is how Morton County has tried to basically twist the narrative, while all the evidence that we know about points to Morton County law enforcement being responsible for Sofia’s injuries and for the use of these “less lethal munitions”, they’ve always tried to either directly say or insinuate that this was actually caused by other water protectors, or potentially even by Sofia herself. And so the sort of victim blaming narrative that they’ve tried to use to tar the movement, kind of like what, you know, what the government did with environmentalist Judi Bari, you know, when her car got bombed, and they tried to blame her for that. And so it’s kind of a continuation of that, bad actors will inflict horrible violence on activists and then try and twist the narrative to blame the activist for that violence that they’re inflicted.

TFSR: So this is a beginning of a long conversation, but can you tell us a little bit about grand juries? They’re a pretty complicated legal tool that is shrouded in mystery. And yeah, just kind of remind us about what they are, how they operate, and sort of their range and uses, from the mundane to political repression?

J: Yeah, absolutely. Most of the uses of grand jury are pretty mundane, you know, speaking here, specifically about federal grand juries, because it can vary a lot from state to state, whether there are grand juries or how they work. But in the federal system, pretty much every felony case goes before a grand jury. And the purpose of the grand jury is to decide whether or not the government has enough evidence to even bring charges against somebody. It’s supposed to be a sort of screening or gate-keeping kind of function, to make sure that people aren’t brought to trial on serious charges without, you know, at least some amount of evidence. That’s sort of the ideological idea behind fair use.

In practicality, it tends to be much more of a rubber stamp. But there’s a famous quote from a judge in New York that “a grand jury would indict a ham sandwich if that’s what a prosecutor wanted”, because the prosecutor controls the entire process. And so, in most grand jury proceedings, what happens is that a federal law enforcement, federal agent of some type, will go to the grand jury, maybe summarize a police report, give some facts, some details, and the grand jurors will decide if that’s enough evidence to constitute probable cause to bring charges against somebody. And it, you know, typically, pretty quick proceeding, you know, the cop says, “Oh, we did this raid, and we found these drugs, and these people were there and we know that this was their apartment.” And so in that way, a lot of the grand jury uses are kind of unexceptional, even if it is a still problematic in regards to how much power and control it gives to the prosecutors in this system.

In a more political context, what we see though, is actually using the grand jury as an investigative tool. As a way to compel witnesses to appear and give testimony, or compel people to turn over evidence of some type. And this is where we see, you know, analogies to grand juries is like a fishing expedition or a witch hunt, or something. Where people are sort of dragged before these legal proceedings and forced to, you know, name names or give evidence, or something of that sort.

And so, the way the grand jury works is that there’s typically, I believe, 24 jurors – so it’s twice as big as what you think of as a typical jury in a trial. There’s 24 jurors, and the only people in the grand jury room at the time are the grand jurors themselves, the United States Attorney, the prosecutor, the court reporter, maybe some clerical staff and the witness who’s giving evidence. There’s no defense attorneys, there’s no judges, there’s no audience. It all happens very much in secrecy.

And the other aspect is that, you know, sometimes we think about how in a jury trial you have the lone holdout juror that prevents somebody from getting convicted. In a grand jury proceeding they only have to decide by a simple majority. So you can’t have a single lone holdout grand juror, because as long as 13 people still vote to charge somebody or to indict somebody, the other 11 people, their votes don’t really matter.

Grand jurors, again, in opposition to what we normally think of in terms of a jury, grand jurors are not screened for bias. There were situations during grand juries that were investigating alleged acts of Animal Liberation, Earth Liberation groups, where people that basically worked in the industries that were being targeted by these Animal Liberation groups, other people in those industries, were actually sitting on the grand juries that were reviewing the cases that were, you know, allegedly targeting those industries. So there’s no screening for bias. It’s, you know, supposed to be a cross section of the community, but it’s kind of random. And there is a long history of discrimination in who gets selected to sit on a grand jury, who gets selected as the foreperson of the grand jury.

And so, you know, what turns into is this, you know, secret of proceeding with almost no oversight or accountability, where the prosecutor has total control over what evidence they present, they don’t have to present contradictory evidence, they don’t have to present exculpatory evidence, they don’t have to present anything that would be unfavorable to the outcome that they seek. They can present the evidence in whatever light they want. And they can also present evidence that, you know, is illegally gathered, or that wouldn’t be admissible in a normal trial. So things like hearsay, rumor, gossip, evidence that was collected as from illegal search or seizure, statements that were maybe coerced or compelled in a way that wasn’t constitutional, all this all this evidence can be presented to the grand jury, in furtherance of what the prosecutor wants to see happen.

Considering the scope of this, another thing that we see in some of these political cases, is, you know, people getting called to grand juries, to testify about things that are sort of far afield of what they directly experienced. There’s one case where somebody was being asked to testify about something that he allegedly overheard two other people saying, at a bar or coffee shop. Not something that he was directly involved in or directly participating in, but sort of this third or fourth hand rumor that he had overhear.

TFSR: As you mentioned, James, the witness that’s being called before the grand jury, is seated before grand jurors, the prosecutors, stenographers, the, you know, court officials, doesn’t have a lawyer present, right? And a lawyer could hypothetically, if they had a role there, challenge some of those things that might be inadmissible normal court setting. But they also can’t really warn someone about safe approaches towards answering the questions or not answering the questions. Are there safe approaches?

J: So, I mean, this is getting into, you know, sort of the difference between political advice and legal advice. I’m obviously not here to give anybody legal advice, and if anybody’s ever called before grand jury, they really need to have a good lawyer that shares their values and their goals to represent them and inform them of all the nuances and implications here. Politically, I would argue that there is no safe way to answer questions at a grand jury. And this is for a variety of reasons. I think one reason is that you don’t know what they’re looking for. People have an idea that like, “I didn’t do anything wrong”, or “I don’t have anything to hide” and I think that’s generally mistaken. I think part of it is the broad expanse of federal law that things that you wouldn’t even imagine are illegal and felonious under federal law, so you don’t know what’s going to incriminate you or incriminate somebody else. You also don’t know what somebody else might be exposed to. Maybe you have a reasonably good idea of what actions you’ve taken and what things might put you at risk, but you don’t know what your best friend or your family member, your comrade, or your neighbor, your fellow organizer, what they might be subject to. Things that might seem supposedly innocuous or harmless can easily cause significant problems for people.

The other thing that we see is, you know, we have this idea of like, back in the Red Scare McCarthyism, people getting dragged before hearings and being forced to name names, and then everybody that they name then also gets dragged before the hearing in kind of this dragnet approach to investigations. And that’s entirely possible with grand juries too, that the mere fact of you identifying somebody else, even if it’s not in a way that criminally incriminates them, could be grounds for them to get dragged in front of this grand jury also. And then they’re faced with this sort of impossible situation where they have to either decide to testify or face imprisonment for contempt.

And I think, you know, again, speaking politically, I think the idea of solidarity and building trust and cohesion and our movements is really fractured when somebody that’s involved in those movements goes before a secret grand jury and gives testimony that there’s no accountability or transparency for. It’s often hard for people to trust one another in that situation. So that’s how grand juries can serve to sort of, sow this distrust and paranoia and discord within movements and really fracture the solidarity that’s necessary for effective organizing.

C: Bursts, you said in the beginning of your question “Is there any safe way to answer questions before the grand jury?” And, James, you spoke really well about all of the reasons they’re not. That question you asked Bursts is sort of a gateway into strategy that we’ve seen be effective in recent years for resisting a grand jury.

There’s essentially four ways somebody can resist a grand jury: you can avoid being subpoenaed, which means you need to know that there’s a grand jury happening, and that’s actually a lot harder to avoid a subpoena than it sounds. But a subpoena for a grand jury does have to be served to you in person by a federal agent, by a federal law enforcement agent. Doesn’t have to be an FBI agent, it could be an ATF agent, or a CIA officer or whatever. But you’d have to avoid that person. And know that they were coming for you.

You could also receive a subpoena and you could just disappear. Some people have used that strategy to varied success, but it’s very difficult. Because it means you have to basically go on the run, you’re avoiding complying with that subpoena. And it means that you would have to leave the place where you normally live, stop talking to people you normally speak to. And that’s a really difficult way for somebody to exist.

The other thing is that you could receive a subpoena and you can publicly refuse to enter the courtroom. And some people have done that very successfully. Because even entering the courtroom, like James said, we don’t know for sure what’s happened in there, right? So all of your comrades, and the larger movement on the outside of this secretive process, we don’t know what’s going on in there. So you run a risk when you enter the courtroom that potentially could leave some room for mistrust amongst the movement.

But we have also seen this last option where you receive the subpoena, you publicly refused to cooperate, but you enter the courtroom and then you invoke your constitutional rights that apply in the situation and your refusal to testify. Which is the tactic that Steve has used and other recent grand jury resistors have used successfully, is that it sets up a great legal precedent for getting you out of the legal consequence that occurs when you refuse to comply with the grand jury. Which is if you refuse to comply, you could be held in civil contempt for up to the length of the grand jury, and that could be 18 months. And that’s a long time, but we’ve seen the use of this legal maneuver, called a “grumbles motion”, which basically appeals to the judge who’s holding you in a civil contempt of court for your refusal to testify and says, “this person has stated publicly that they’re never going to comply, they’re never going to testify, they have continued to not comply or testify. And you holding them in jail or prison, during this grand jury for their refusal to testify, has gone from this civil form of contempt, to something that’s now illegal, because you’re actually holding them in jail knowing that that’s not going to be the coercive tool that you hope it will be, to get them to comply, and to testify before the grand jury.” And it’s not legal to hold someone in prison in that way, because they’ve never committed a crime, and then the state, the government, has crossed the line, right? They’ve crossed their own legal line.

That’s a strategy that’s worked well, but it does require that somebody sets up the infrastructure along with their comrades in the larger movement to support them. And that means being very, very public from the beginning of your situation, which is what happened with Steve the first time that he was subpoenaed to grand jury and what has happened with him the second time that he’s been subpoenaed.

TFSR: So just to belabor the point, because nobody actually said thisI don’t think. You both have mentioned going into the grand jury, and then refusing to speak and getting held in contempt. What happens if somebody invokes their fifth amendment? And why does that make this sort of proceeding so scary?

C: So when somebody goes in, and they’re asked a question by the prosecutor, the prosecutor is going to say something like, “Hey, what’s your name, state it for the record?” So I would say “My name is Chava so-and-so.” And then the prosecutor would ask me, “okay, tell me about what James had for lunch yesterday” and I would say, “you know, what, I’m gonna actually invoke my first, my fourth, my fifth, and any other applicable Amendment rights that I might have?” A prosecutor is gonna be like, “Oh, great. Okay, well, what did James have for lunch day before yesterday?”, I’d say “I’m going to invoke my first, my fourth, my fifth, and any other applicable Amendment rights”, and then eventually, the prosecutor is going to be very clear that that’s my entire plan, while I’m present in their grand jury room, and then they’re going to take me before judge, because they’re going to ask for me to be held in contempt. And then they’re likely to request from a judge that I be given immunity. And that immunity means that anything I say can’t necessarily be used against me. And that’s what the Fifth Amendment provides to us, is like protection from testifying things that would incriminate ourselves.

But what we don’t know is how our words then can be used against someone else, or how someone else’s words could be used against us. So it doesn’t protect us entirely, it just protects us in this very narrow way. And the court and the government call it being “granted” immunity, like there’s some fucking fairy godmother that’s coming and waving a wand and giving us this great gift. But it’s not a great gift. They’re actually imposing and forcing something on us, that strips us of our rights in that courtroom – are very limited rights – and takes them away from us. Because that’s the like beauty of the rights that the state has given us, right? They can give them they can take, and that’s all at their discretion.

So they impose immunity on you and you no longer – when you were taken in before the grand jury – can refuse to answer questions based off of your fifth amendment rights, right? And so then at that point, when you continue to refuse, you’d be taken back before a judge, who then would likely decide, “okay, well, we’re going to put you into coercive incarceration. So we’re going to try and compel this testimony out of you by incarcerating you”, and then things move from there. And that’s where we are right now with Steve, is at that point: immunity has been imposed upon him, he’s being held in contempt, and his contempt will be reviewed on a monthly basis by the judge in North Dakota.

TFSR: So you’ll have mentioned that Steve went before the grand jury in 2016. Steve was again called this year, I believe, before a grand jury and then released, is that correct? Like, where does Steve stand at the moment?

J: Right, so when Steve was subpoenaed in 2016 – his appearance date was actually in early 2017 – and he went and refused to testify. And the prosecutor never pursued contempt proceedings against him, they ended up withdrawing the subpoena, before he had to be found in contempt or be incarcerated or anything. When he appeared, when he first appeared in February, just about a month and a half ago, he again refused to cooperate and very quickly was taken before a federal magistrate judge, found in contempt and ordered into coercive custody for contempt. His legal team filed some motions and objections on the grounds that the magistrate judge actually did not have legal authority to find him in contempt or order him into custody. There’s some, you know, complicated and nuanced laws around that. Basically, he was ordered into jail by a judge that didn’t have authority to order him into jail.

And so his legal team filed some motions and objections and they were granted, and he was released from jail after 19 days of being unlawfully incarcerated. But before they released him from jail, they subpoenaed him again, to the same grand jury to appear on March 3. And when he appeared on March 3, and again refuse to cooperate, this time they brought in front of a federal district judge who did have authority to conduct contempt proceedings. And so at that point, he was again, found in contempt and ordered back into custody.

So I think this is a pretty salient example of just how ripe for abuse Grand Jury proceedings can be. That they can illegally incarcerate you for, you know, almost three weeks, and then the remedy for that is that you get released, but then you just get re-subpoenaed and taken back, and the whole thing starts again. And so, you know, the prosecution really gets…in some ways they get unlimited bites at the apple. I think we mentioned earlier that he can be incarcerated up to the length that this grand jury is impaneled, which is, you know, typically 18 months, but can be longer in some circumstances. But if that grand jury expires, there’s nothing that prevents the prosecutor from subpoena him to a subsequent grand jury. In this way, you know, we’ve seen, throughout history, that grand juries, there’s not a whole lot of check on this. And so they can really be used to harass and incapacitate activists and, you know, entire movement communities.

TFSR: So, how about earlier you had brought up the idea of SLAPP suits. Could you define that for the audience? And also, maybe, I don’t want to take this too far off a focus on Steve, but I’d like to recontextualize this, again, to be within not only supporting someone who has proven himself to be brave and an amazing supporter of other people involved in movement, but besides Morton County law enforcement trying to avoid or state officials trying to avoid possible lawsuits for the damages that they’ve caused to people. How does it relate to the timing right now the operation of DAPL

J: Well to speak to SLAPP suits and what they are, “SLAPP” is an acronym for “strategic lawsuit against public participation”. And it basically refers to lawsuits that…typically it’s large entities like corporations, sometimes governments, you know, powerful people filing against activists or journalists or sort of the little guy, for the purpose of basically retaliating against or silencing their damaging statement. So a lot of times this takes the form of defamation lawsuits, libel or slander. And so maybe a corporation sues this small activist group, and says these statements about us clubbing baby seals are defamatory, and they have to stop saying it and pay us damages. And, you know, a lot of the purpose of these lawsuits isn’t necessarily to win the lawsuit. Because of the power disparity, it’s often intended just to tie up the organization of the people in litigation. That if you’re a big corporation with, you know, billions and revenue and expenditures every year, it’s no big deal for you to spend a million dollars on, you know, a lawsuit. But if you’re a small, scrappy activist group, or citizen journalist or a whistleblower or something, you know, defending this humongous lawsuit can be can be totally debilitating.

And so there are statutes and a number of states that allow procedures to quickly dismiss these types of lawsuits. And that’s, I mean, kind of a whole other conversation. But I would, you know, if people are interested in this topic, the Civil Liberties Defense Center website has a number of resources about SLAPP suits, and defending against SLAPP suits, and things of that nature.

I can’t speak to the situation with DAPL, specifically, maybe Chava can, but I will say that we’re kind of in this moment where a lot of pipeline resistance efforts have seen some success. Recently, there was the pipeline that was supposed to run through Appalachia, they got cancelled. Resistance against line 3, in Minnesota has really been taking off. And so I think there is this sort of moment where, you know, people that are invested in these pipeline projects are seeing the success that resistance movements are having, and are looking for new ways to subvert those movements, undermine those movements and push back against those movements. And so I think, you know, it’s impossible to say like, if there’s a direct correlation between that and what’s going on with Steve’s case, but I do think it is sort of a reminder of what tools the state has against some of these movements, and how those movements should sort of think about making anti-repression and legal support and movement defense an integral part of their organizing throughout their campaigns.

C: I think one of the strategies that Energy Transfer Partners – which is like the larger company that was pursuing the Dakota Access Pipeline, along with many other pipeline related projects across North America – but Energy Transfer Partners goal with SLAPP suits, is not even necessarily to win. It’s a way of industry leveraging the law – in particular laws around RICO (Racketeer Influenced and Corrupt Organizations Act), which a lot of people are have heard at least that term related to, like, “organized crime” type cases – but leveraging those laws as a way for industry to have a chilling effect on movements that are successful against them. And so Energy Transfer Partners kind of famously filed this outrageous SLAPP suit, including Greenpeace as one of the named parties that they were suing, and asking for, like, almost a billion dollars, I think in damages. Which, they knew they were never going to win that award of money in civil court. That wasn’t the point. The point was to make movements and NGOs, or nonprofit organizations that were supporting social movements against ETPs various pipeline projects, to make them have to scramble and exhaust their resources, both financially and as far as people power, real like human labor, to exhaust them to a point where you’re so focused on fighting the SLAPP suit, that you can’t be focused anymore on fighting the people who are suing you.

And that was dismissed in court because it was outrageous, right? But it doesn’t mean that it didn’t have some of its intended impact, which was to distract people’s energies towards this other thing. And ETP continues to do this. But we also know that pipelines are failing as financial projects. And it was known that the Dakota Access Pipeline was only ever going to be financially beneficial in the short term. It’s basically like a big scam to make a bunch of money at the at the beginning, and that it was going to be a financial failure in the long run. But their goal isn’t to make better energy for anybody if they were they would be pursuing other things. Their goal is to make money and at any cost possible, including the costs of human lives and the earth.

TFSR: So bringing it back to support for Steve, how can listeners support him? What are some good places that they can find out more information about his case? Does he need people to write to him? Are there any campaigns on going besides informing people about the resistance to the grand jury that people could join in on?

J: Absolutely. There’s a website supportstevemartinez.com, there’s an Instagram account @SupportSteveMartinez, and there’s a Twitter account SupportSteveNow. All of these are excellent ways to stay informed about what’s going on with Steve’s case, find out more information about grand juries about you know, anti-repression strategies, and to, you know, connect with what’s going on. Another really vital way to support Steve is to write to him. He really appreciates getting letters. And we know that regardless of what the government says about the nature of incarceration, we know that incarceration is always punitive. It’s always extremely damaging, and difficult, and writing letters and staying in contact with people in prison is an incredibly important and incredibly effective way of keeping them connected to their community, connected to their movement, keeping their time and their spirits occupied and lifted while they’re incarcerated. And so yeah, we definitely encourage people to write to Steve. You can find information – the address and sort of guidelines about what what kind of materials you can send – at his website, or on any of the social media accounts.

And also donations. Donations are being used to put in his commissary so that he can get snacks and food and, you know, hygiene items and things like that while he’s in jail. Also to be used for phone calls, so he can stay in contact with his partner, and other family. We know that calls from jail can be extraordinarily expensive. And then also supporting his partner and his family while he’s incarcerated. You know, they’ve lost Steve’s income since he’s now incarcerated. Bills don’t stop, expenses don’t stop, things like that. And so money to support the people around Steve while he’s standing up for his principles, and standing up for the movement, is incredibly important. Because, you know, grand jury resistance is a community effort, and it takes all of us to support the resistor and the resistor’s supporting all of us. And, yeah, it really takes a community in that way.

C: Yeah, I can’t really stress enough how vital people’s community support is. I think there are a lot of people who listen to this podcast that came and went from the camps at Standing Rock and the occupation there. And tens of thousands of people from all over the world did. And Steve is in prison to protect all of those people, at the end of the day. That’s the reality of the choice that he’s making. And so he’s showing some real solidarity to all of us who were present there and who fought against that pipeline, and for Indigenous sovereignty over the land and the water. But it’s our role to support him so that he can support us. And you know, James did mention that his partner is bearing a lot of the brunt. And that’s the reality of what’s happening, you know, anytime anyone is incarcerated: they are separated from their family and removed from their communities and are unable to fulfill the many obligations that they have to people that they love and they care about. There’s a GoFundMe page that’s gofundme.com/SupportSteveMartinez and that GoFundMe is going directly to support Steve, like James was saying, but also really to support his partner. They have a grandson, who is pretty little and I know that it’s really hard on Steve to be separated from his grandson. And that is something that brings a lot of joy to him, to even be able to talk to him on the phone and on a video chat. And so by people donating to that, it also enables Steve to video chat with his grandson and with his wife. And that’s a real lifeline for him right now.

The other thing that I would just say that people can do to support is be really public about your support. Even your banner drop that says, like, you know, “FREE STEVE MARTINEZ”, and “FUCK A GRAND JURY”, or like whatever you want to put on a banner, that’s actually proof, it’s evidence that can go into a motion to compel the court to release Steve. That there is a wide network of humans across the world, of comrades who support him and are enabling him to continue to stand against this grand jury. So if we show that he has that support, that’s also something that can be utilized in like a legal maneuver to get him released from court to compel the judge to do that. So even if you think your banner jobs are silly and they don’t matter, they do matter! And it shows the federal government that that we have Steve’s back, and he is going to be able to continue to maintain his silence.

TFSR: I’d like to ask you all, if you have anything else that I didn’t ask about, that you want to mention while we’re on the phone?

J: I’ll just add that, you know, we’ve sort of tried to emphasize this again and again, but movement support means all of us. It takes all of us to take action, but it also takes all of us to support each other, and care for each other when things get difficult. And so, again, putting that at the forefront of our minds: when we’re organizing it’s not just about the day of action and the days leading up to it. It’s about the days and weeks and years after that, that we have to continue to support each other, continue to help people navigate these legal processes that drag on and on. And the more that we can anticipate that and prepare for that and account for that in our organizing, the more resilient we are when these things occur. And I know Chava and I are both extremely indebted to all of our elders and all the people who have come before us that have helped teach us these lessons and teach us this information and allowed us to share it with other people. And so everybody that’s that’s sort of tread this path before us we’re extremely grateful for.

C: Yeah, I think if people want to learn more about grand jury resistance there’s a lot of great resources online, but I would really encourage people to check out the Freedom Archives, and anything in there related to Puerto Rican independentista resistance to grand juries. Those movement elders really built the model that we see used today successfully against grand juries. And we really just wouldn’t be where we are now, in our ability to resist this particularly nefarious and fucked up tool of the state, if it hadn’t been for many movement elders from a lot of different communities, particularly in the 1970’s and into the early 80’s and their resistance in national liberation struggles.

And I think the last thing I want to say is just that people went up to Standing Rock to, well people went up there for a lot of different reasons, right? But at the heart of it was to protect land and water and to engage in either, like, your own Indigenous resistance or to support those who are Indigenous and their resistance. But ultimately it was about a movement for liberation, which is what social movements are about. And at the heart of those movements for liberation is a lot of like deep care and love for each other. And having lived in those camps for months and lived in a field in the middle of the winter in so-called North Dakota, I can tell you the only thing that keeps you up at night really is like the deep blue loving care of your comrades. And Steve is really continuing to exemplify that deep love and care for his comrades, and for the reasons that he he stayed at camp after he thought he was just dropping something off.

TFSR: James and Chava thank you so much for this conversation and for all the work that you do. We really appreciate it.

J: Thank you.

C: Thank you, for all the work you do.

TFSR: You do work. Shucks. *laughs*

C: *playful scolding tone* You do work!

*everyone laughs*

Chelsea Manning and Grand Jury Resistance

Chelsea Manning and Grand Jury Resistance

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This week on The Final Straw, we’re excited to bring you perspectives on resisting Federal Grand Juries in the U.S. In particular, we focus on the situation of imprisoned, former army whistle-blower, Chelsea Manning. Ms. Manning, who was in military prison for releasing information about U.S. war crimes in the Afghanistan and Iraq theaters in 2010, had her sentence commuted by former U.S. President, Barack Obama in 2017. Having refused in 2019 to testify on principal before a grand jury in Virginia, spent 4 weeks in solitary confinement and has just been released to general population under the charge of civil contempt.

In the first part of this hour, we’ll hear from El & Eli, two supporters of Chelsea, about the grand jury, Chelsea’s resistance to it, and her incarceration. After that, we hear from two anarchist Grand Jury resistors of the last decade who support Chelsea about their personal experiences standing up to this unjust legal practice. First formerly incarcerated Grand Jury resistor, Jerry Koch, speaks about his experiences of resisting a grand jury for which he was imprisoned and mustered a defense that won his release. Then, Katie Yow speaks of her experience resisting a grand jury beginning in 2016 and her admiration and support for Chelsea. You can hear prior interviews with and about the resistance of Jerry Koch and Katie Yow at https://thefinalstrawradio.noblogs.org.

You can find out more about Grand Jury resistance at Katie’s support page, https://ncresiststhegrandjury.com.

You can keep up on Chelsea’s case via their twitter handle, @resistschelsea, at their fedbook page called @chelsearesists, on their less-active website https://xychelsea.is. There are beautiful “Resist Grand Juries” t-shirts up at akpress.org that support Chelsea’s legal fundraiser, you can also check out the benefit album that Evan Greer helped make for Chelsea that’s being used again for this fundraiser, or just check out the action network fundraiser for her legal defense.

Announcements

June 11th, 2019

From june11.org about the international day of solidarity with Marius Mason and long-term anarchist prisoners.:

 In the 15 years this tradition has been observed, June 11th has facilitated support and action inspired by imprisoned anarchists — from noise demonstrations outside of jails to letter-writing nights, from fundraisers to arson. Setting aside this day is one way of remembering anarchists who are serving long prison sentences, generating support for them, and inspiring solidarity actions.

Because social struggles phase in and out, this day is a way to make sure that our imprisoned comrades are not forgotten. Our lack of memory is partially a result of the techno-alienation of the larger culture we’re fighting against. But it’s also a product of the dynamics of the anarchist space. People become burnt out and the cycle of forgetting continues.

June 11th is a way of combating that amnesia, of trying to sustain a long-term memory in the anarchist space. Not only does this generate support for anarchists locked in the state’s prisons, it forces us to look back at what came before. Considering what previous generations did can both inspire us with ideas we’ve forgotten, and help us understand how our current practices came to be.

So, this is a call to organize ourselves actions for June 11th, 2019. Get some friends together, remember folks inside, remember our common struggles and engage in making ourselves the resistance we need to reverse this course of ecocide and tyranny.

NAASN 2019 May 31-June 2nd, Atlanta, GA

The North American Anarchist Studies Network is hosting it’s free, yearly conference in Atlanta. The following text is from their gofundme page at https://www.gofundme.com/help-bring-naasn-2019-to-atlanta-ga:

The North American Anarchist Studies Network (NAASN) is a network for the engagement of intellectual work, both within and without institutional walls.

The goal of the network is to serve as a means of mutual support for North American anarchists engaged in intellectual work, both theoretical and empirical; to facilitate and promote anarchist studies by bringing together students,academics, independent scholars, and activists from across the United States, Canada, and Mexico; and to provide a space for critical dialogue and reflection on anarchism.

This year’s NAASN conference, “Emergent Horizons” will be hosted in Atlanta, GA. In keeping with the spirit of mutual aid and accessibility for all, we are asking for donations to help make this conference happen. 

Over the past years, NAASN has brought together hundreds of activists, academics, intellectuals, and artists across North America , including: Mexico City, Montreal, San Francisco, New Orleans, Portland, San Juan, and Toronto.  Previous presentations have included grassroots struggles, social and peasant movements, decolonization and Indigenous resurgence, border/imperialism, racism, police violence, torture, surveillance, technology, as well as biography, oral histories, historiography, and anarchist subcultures.

More on this year’s gathering is up at https://naasn2019.noblogs.org/. If you attend NAASN, come find The Final Straw table and say hi!

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Show playlist

Hamburg G20 Protest Report Back + NC Resists the Grand Jury

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This week William interviewed Mark Bray, who is a professor, author, and anti authoritarian, about the G20 protests that took place in Hamburg Germany last week. We will talk about the event, how it unfolded, much in the way of cultural and historical context for resisting G20 summits, and much more! You can follow our guest on Twitter @Mark__Bray and search any search engine to find his books.

B(A)D News #2

The July 2017 edition of the monthly English language podcast, Bad News: Angry Voices from Around The World, is just out from the International Anarchist Radio Network. As of this moment, the network’s website has yet to debut at a-radio-network.org, so check out our post and our rss podcast feed for a link to this newest episode.

Fuck a Grand Jury; Grand Jury Resistance

We’d like to present a breaking announcement. Longtime North Carolinian, organizer and anarchist, Katie Yow has just released a statement that she’s been subpoena’d to a Federal Grand Jury in Greensboro and will be refusing to cooperate. We at the Final Straw Radio wish to express our care and support to Katie as she faces down this threat with our hearts full of the knowledge that she won’t be resisting this alone, but alongside all of us who know that backing down is not a choice. Many before have resisted and will. To the recalcitrant refusals of Team Grumbles!

To see Katie Yow’s full statement, you can visit North Carolina Resists the Grand Jury on It’s Going Down.

Some Upcoming Events

In the Asheville area, here are a few upcoming events:

On Thursday, July 20th at 7:30pm at Firestorm there’ll be a showing of Trouble #4, about movement defense and resisting repression followed by episode 2 of Channel (A)!, a compilation of screen representation of anarchists from popular media. This event sits in the international week of solidarity from July 20-27th with J20 defendants from the inauguration protests in D.C. this year.

“We are calling for a Week of Solidarity with the J20 defendants from July 20 to 27, 2017. July 20 marks six months from the initial actions and arrests during Donald Trump’s inauguration, and on July 27, a motion to dismiss the charges will be argued in court. On January 20, 2017, tens of thousands of people converged in Washington, D.C. for the DisruptJ20 protests to oppose the inauguration of yet another president. A combination of blockades, marches, and festive demonstrations shattered the spectacle of a peaceful transition of power. Unfortunately, with resistance comes repression. Approximately 214 arrestees now face a total of eight felony charges a piece, including conspiracy and destruction of property. All of the J20 defendants are now facing up to 75 years in prison. The majority of defendants are working together, collectively responding to the charges and using solidarity to push back against the state. How effectively we support the inauguration day defendants will determine how effectively anyone can keep resisting under the Trump administration. Turning protest into a felony offense is dangerous for anyone who believes in the right to resist. We call on supporters to organize events and actions in solidarity with the J20 defendants throughout the week. Be creative and strategic! Help cultivate a spirit of resistance and mutual aid! Visit Defend J20 Resistance for more information”

On July 21st at 8pm at Firestorm, a report-back from the protests in Hamburg, Germany, will take place at Firestorm. From the original announcement

“In July 2017, the rulers of the world’s 20 most powerful nations met in Hamburg, Germany to coordinate the preservation of capitalism and state power at the expense of humanity and the natural world. Over 20,000 police were brought into the city in order to brutally suppress dissent. Yet the more violently the police attacked demonstrators, the more the general population of Hamburg came together in rebellion against them. In the end, in response to escalating attempts at repression, massive riots paralyzed the city, with some areas becoming police-free zones. We will hear a full report from Hamburg, complete with photos and video.”

On July 22nd, don’t forget about the bbq, bake sale and benefit punk show for J20 defendants. Details should be up on It’s Going Down along with other scheduled events around North Carolina for the week.

Playlist here on spintron

An Anarchist Legal Worker on Grand Jury Resistance at Standing Rock, and Scott Campbell on the upcoming Insumisión/IGD tour of Mexico

Grand Juries & Scott Campbell

Grand Jury Resistance at Standing Rock

http://waterprotectorlegal.org/
Download This Episode

This week we are airing two short interviews, the first is with an anarchist legal worker who has been participating in resistance at Standing Rock in so called North Dakota. This interview is specifically about the grand jury summons which was recently served to someone who was struggling at Standing Rock, we speak about what a grand jury is and how people might resist them, also a bit about what it means for this movement to have a grand jury subpoena occur at this moment.

If you have been contacted by federal agents in relation to Standing Rock, please call the Water Protector Legal Collective IMMEDIATELY at area code (605) 519-8180. To donate to this collective and to learn more about the work they do, you can visit their website at http://waterprotectorlegal.org/. To look again at our guest’s suggestions for further research, you can visit the noblogs site or on http://www.ashevillefm.org/, or go to the IGD article “Grand Jury Resistance at Standing Rock.”

Our guest’s suggestions for further research:

Civil Liberties Defense Center here
CrimethInc.’s don’t talk pdf and support the NW grand jury resisters.
Midnight Special Law Collective’s Grand Jury Training pdf
Freedom Archives’s resource here

Scott Campbell on upcoming tour of Mexico with It’s Going Down

The next interview we will present is a conversation with Scott Campbell who writes the Insumisión column for itsgoingdown.org. Insumisión is a semi regular publication which aims to highlight anarchistic and anarchist struggles and news all around Mexico. Scott and members of IGD are in the process of launching an information gathering and affinity building tour around Mexico in early next year. In this interview we talk about Insumisión and what inspired it, as well as some of the strategies and influences both North American and Mexican struggle can take from one another, among other topics. To read Insumisión and for a write up about the upcoming tour, you can visit https://itsgoingdown.org/insumision/. To donate to the tour and to see a write up about it, you can visit the rally dot org website https://rally.org/igd-mexico

You can also check out El Enemigo Común (or The Common Enemy) at https://elenemigocomun.net/

From their website:

“[This project] is an international watchdog against state sponsored repression. It is the project of a small collective of volunteers in the U.S. and Mexico. We publish and translate communiqués, articles, and other media by, about, and for social movements. Our primary focus is on indigenous peoples, women, and youth, in both urban and rural communities in Oaxaca, but we also publish about other struggles against neoliberalism throughout Mexico”.

Thanks!!

A quick shoutout of thanks to KFED for the lovely new image for the series podcast. Much appreciated!

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Playlist

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Transcription

Transcribed, designed & formatted in Occupied Duwamish
Territory.
1312press@riseup.net
IG@1312.press

Since the time that this episode of the Final Straw podcast was recorded, Steve Martinez, a Water Protector and grand jury resistor appeared at the U.S. District Court in Bismarck, North Dakota. On January 4th, 2017 Steve gave a statement outside the courthouse amidst dozens of other Water Protectors who braved the single digit temperatures to stand in solidarity.

My name is Steve Martinez. I have been subpoenaed to this federal grand jury. I refuse to cooperate with these proceedings on the grounds of not helping opposition towards water protectors. I will in no way condone or cooperate with this attempt to repress the movement here at Standing Rock. I know that by refusing to cooperate I will most likely be incarcerated. The loss of my own freedom is a small price to pay for keeping my dignity and standing up for what is right- the defense of the earth and all that is sacred. Mni Wiconi!

The motion to quash the subpoena was denied by the federal judge and a new subpoena was issued by the U.S. Attorney demanding that Steve appear on February 1st, 2017 in Bismarck.

What we know about grand juries is that they have a long history of being used to target those in resistance to the state and engaged in political or revolutionary movements. The purpose of this grand jury and all grand juries that target revolutionary people and communities is to cause division, manufacture prisoners of war, and create paranoia or suspicion amongst comrades. We will not be intimidated and resistance to this is only strengthening our resolve to kill this black snake and all the others.

Water protectors stand in resistance to this grand jury and all tools of state repression, be it on the ground through Morton County’s violent tactics or in the shrouded secrecy of a grand jury courtroom. We will continue to build on the vibrancy of our resistance movement here at Standing Rock in order to destroy the pipeline, the grand jury and their world.
– Water Protector Anti-Repression Committee
#blacksnakekillas #grandjurykillas

TFSR: So we are here talking with an anarchist legal worker who has been participating in the Standing Rock resistance, and we’re here to talk about the grand jury subpoena, which recently came to a Water Protector at
Standing Rock. Would you briefly explain what a grand jury is for those listeners who don’t know and how they have historically been used to divide and subdue radical movements?

Standing Rock: So what a grand jury is is a federal proceeding and it’s intended to produce a federal felony indictment. So in order for a felony indictment to happen, there has to be some process, and it’s typically a grand jury process, that determines whether there’s enough evidence to proceed with a federal indictment and formal charges. And while grand juries are used as a way for U.S. attorneys to produce indictments for a wide array of things, they are especially used as a tool of repression towards political movements, resistance movements, and have a long history of that, going back to the origins of grand juries, which are a holdover from British legal proceedings. So it goes back a really long way, but most recently people have memories of their use around political resistance movements, like the Black Panther Party, American Indian Movement, even more recently
earth and animal liberation movements.

TFSR: Gotcha. And I think that we can remember people like Jerry Koch who got sent to prison for nine months for doing grand jury resistance in response to a bombing that happened in Times Square in New York City. I was wondering if you would talk a little bit about what the specifics of grand juries tend to look like on the ground, or how participants of grand juries, what people have to go through if they are subpoenaed for a grand jury.

SR:
So the first step that typically happens when somebody’s called to be a witness at a grand jury, or provide testimony or physical evidence, is that you would be served a subpoena by a federal agent. So in the case of Water Protectors at Standing Rock, a federal agent could be an agent from B.I.A. (or Bureau of Indian Affairs), which is a federal policing force, but often times it would be an F.B.I. agent or even a U.S. Marshall who might serve you the subpoena. And then what that means is that you’re required to attend the grand jury and provide information to them. So at a grand jury, they’re unlike any other court proceeding, where normally there’s a judge in the courtroom and you’re allowed to have your own legal council present with you at a legal proceeding. But at a grand jury, there’s no judge in the courtroom, the courtroom really belongs to the U.S. attorney and the
prosecutor. And you are the person who’s been called to the grand jury, you don’t know for sure why you’ve been called because they operate in almost total secrecy. You don’t know if you’ve been called just as a witness, you don’t know if you’re the target, or the person that they are
potentially trying to indict. And so you’re also not allowed to have your legal council in the room with you. You can, and you really should, obtain legal council if you’ve been subpoenaed to a grand jury, because they can provide you support in the process of resisting a grand jury.

So once you’ve been served and you’re required to go to the grand jury, you have a few options as a person who is working to resist the grand jury. Your first option is that you can just ghost. That’s a really hard option for most people because it means you can’t talk to your friends, your loved ones, your family, your comrades, it means you can’t go to the normal places that you go to. It means that you probably need to leave your hometown, or maybe even the country as a whole. And some people have done that, andthe people have done that have had very difficult experiences. It also puts you at risk still of being in contempt of court and my understanding is that if you just ghost after you’ve received a subpoena, that the contempt can turn into a criminal contempt versus a civil contempt, which I’ll explain a little bit as well.

And so your other option would be, well basically some people have never walked into a grand jury room. They would just show up, hold a press conference with all their friends, loved ones, comrades, and legal council and read a statement in front of the courthouse, or in front of the grand jury room, and that says “We’re never gonna talk to you. I stand in solidarity with my community and this is a tool of repression, and I’m part of a impenetrable wall of silence.” And people have certainly taken that tactic.

Another tactic that people used to resist a grand jury, if they’ve been called to testify, would be to enter the grand jury room and provide only their name. And then any question that they’re asked after giving their name to the U.S. attorney, they would invoke their 5th amendment right, which is their right to not say anything that would incriminate yourself. What happens typically though, is that a prosecutor then says, “Okay we get it, you’re using your 5th amendment right.” And then they might let you go for the day, or they might right on the spot go have a hearing with a judge in another room, and at that hearing the judge would almost certainly impose on you immunity. And I say impose because a lot of people have the idea that immunity would be a good thing, right? That they can’t say
the things that you’re saying in the testimony against yourself, but the thing is they can still use it against your friends, they can still use it against the movement as a whole, they can still use it against all kinds of people,
you might not be aware of how they would use it.

And so then once you’ve had immunity imposed on you, you’re no longer allowed to invoke your 5th amendment right against self-incrimination. And so when you refuse to answer questions, then the U.S. attorney is going to say, “Okay I get it, you’re not going to answer any of my questions.” They’re going to have another hearing with a judge. And that hearing is a civil contempt hearing. Which is not a criminal proceeding, it’s a civil proceeding. And what grand juries do is if you refuse to cooperate, they
try to coerce your cooperation out of you. And if you’re charged with civil contempt in that hearing, then they can incarcerate you for up to the length of the grand jury.

Like you mentioned before with Jerry out in New York, he was incarcerated for around nine months. People in the Pacific Northwest who were resisting a grand jury in 2012 were incarcerated for around four-to-six months, and that’s a coercive incarceration that’s meant to pull testimony out of you. But they’re not allowed to punitively incarcerate you, which is like all semantics right? We all know that all incarceration is punitive. It’s all meant to punish us for something. But they’re using tricky legal language, so that it’s not punitive, “It’s just coercive, we’re just trying to torture all of your testimony out of you by incarcerating you and removing you from your community and your loved ones.”

But, because people have used this tactic of being really public and saying that not only are they not personally going to cooperate, and they personally have put up a wall of silence, but also that they’re whole community is in a silent resistance to this grand jury. Then that can be used as evidence further that you’re not ever going to cooperate, and something then that can happen is called a grumbles motion, which is a fantastic name and it’s actually named for people who were a married couple who resisted a grand jury, it has a really beautiful history of it’s own.

A grumbles motion can be filed by your council, by your attorney, and it’s basically saying “This person has made it evident and clear that they’re not going to cooperate with this grand jury, and this incarceration has gone from coercive to punitive.” Which is illegal for a civil proceeding, which is what that is, it’s a civil contempt charge. And so that’s how Jerry was able to get out of coercive incarceration, and that’s how many other people have been able to do that. But I think it also really ties into this public display, community-wide, nationally, even internationally, that people have taken up around grand jury resistance, especially in this last decade, of being really firm and open from the onset, from the moment they receive a subpoena, instead of being quiet as a community which is what the feds hope will happen. That you get scared and that you self-isolate. But instead, build your own vibrancy in our communities of resistance and that same loving solidarity that we have, we continue that as a way of resisting.

TFSR:  Yeah, like you said it seems like so many things in the legal system, this just seems like a pretty diabolical framework for doing this sort of thing and I think that like so many things, the success of it just rides on isolation,it rides on personal despair or being worn down. And it seems really interesting to me, and really telling, this grand jury subpoena has come pretty hot on the heels of the supposed easement of the Dakota Access Pipeline. I was wondering if you would speak about the timing of this
grand jury subpoena.

SR: I think it’s smart for us to be looking at the whole picture like that. You know on November 20th there was a battle, a kind of stand off, at the backwater bridge, which is just on the North end of the Oceti Sakowin Camp, there
at Standing Rock, which is the Northern camp, which originally had been an overflow camp for Sacred Stone and Rosebud on the reservation side. And that battle that happened on November 20th, which a lot of people have now burned into their memory, not just across the so-called U.S. but really across the world because of the use of water cannons in sub-freezing temperatures by Morton County Sheriffs. There was also a young woman, Sophia Wilansky, whose arm was horrifically injured, and another woman named Vanessa who might lose her eye due to the insane force that was used by Morton County. So just a little more than a week, a week and a half later, is when this grand jury was convened. And what we know from
on the ground is that those things that happened on November 20th on that bridge, what happened to Sophia Wilansky, we know that Morton County Sheriffs were already trying to victim blame her, saying that somehow she had blown her own arm off. I personally was on that bridge and I can tell you that no one was blowing their own arms off there. What I saw was people who were not, it wasn’t even street fighting in that setting, it was really just people who are so incredibly frustrated and incredibly broken at the continued horrific use of colonial forces in their territories and in their homelands. And I saw a lot of young indigenous people who were just trying to turn that knob on the pressure valve and let some pressure off of them. It’s not just been building for the last month at Standing Rock, but really people are letting the pressure off of ancestral trauma that goes back more than five hundred years. And I think all of that context is really
important when we’re looking at this grand jury situation as well. What we know about this grand jury is that it has something to do with, at least in part, with what happened on the bridge on November 20th. And we know so far that they are looking at potentially eco-terrorism that’s taking
place at Standing Rock, which isn’t taking place. The only terrorism that’s taking place is the terrorism of the state.

The person who received this first subpoena, we believe has been targeted because of their close proximity to Sophia Wilansky. This is a person who helped to transport Sophia when her arm was injured and get her to medical care. And so there’s very little information that any body has right now about what exactly this grand jury is trying to put together information-wise. But at the end of the day, we don’t need to know for sure. We know it’s being used as a tool to repress the work that’s happening with water
protectors at Standing Rock, and potentially to connect it to other resistance movements to extraction and environmental terrorism that’s happening at the hands of capital and the state.

And that first subpoena was received a day before that announcement from the Army Corps (of Engineers) about the easement. And I don’t think that the timing is coincidental. I think the timing is probably pretty intentional. You had a lot of people distracted feeling like they won, and I don’t want to say that that was an entirely false victory, but it’s not a permanent victory. In the camp, when the announcement of the denial happened, and there were cheers, you know rippling throughout the camp for the entire day and night, people celebrating and feeling excited. And I do want to recognize that that only happened because of people’s collective power. The Army Corps didn’t deny the easement, the people who’ve been
fighting this pipeline denied the easement and will continue to deny it, and will continue to deny Dakota Access Pipeline and their ability to do what they’re doing.

I want to recognize that while that is a victory, it’s a victory of one battle in a long-game war. What’s happening is that the state, while people are distracted by the victory of that particular battle, are doing the backdoor dealing with the grand jury and that they’re trying to prey on people who
are in resistance to extraction and to the Dakota Access Pipeline, and really to colonialism in general, and imperialism in general. This is a movement about indigenous sovereignty, and not just about one pipeline. But I think that the timing is really purposeful, and this is also a movement where a lot of people are really new to being in resistance. A lot of people are really new to political and social organizing, and so what is important and the work that’s happening amongst legal workers and supporters at the camp right now is that because there’s so many new, fresh people, it’s also a ripe environment for the feds to prey on people who might not understand that
what feels like innocuous testimony they might give to a federal agent, in or out of a grand jury room, that information is never innocuous to the state. While it might seem like not a big deal to say that you ate dinner with so-and-so or yes once you had coffee with so-and-so, the state can then use that to socially map an entire movement of resistance, and that’s why people have really taken on this work, running full speed ahead, and moving as quickly and strategically as possible to disseminate the
information and make sure that people aren’t just distracted by the victory of one battle, because there’s a whole war that we’re trying to fight right now.

TFSR: I think that’s a fantastic point because I’ve been seeing a lot of discussion about “Yay we won! We can go home now!” But I was wondering, maybe you’ve already answered this as much as you want to, but I was wondering if you had any thoughts on how real the easement is, or how permanent you think it is. Do you think that people will just come back and start building once the regime has flipped, or what are your thoughts on that?

SR: Things up there (at Standing Rock) are in a pretty delicate situation. The tribal government of Standing Rock and their chairman Dave Archambault, you know in the beginning he said that a re-route would never be a victory
of Standing Rock and for Sioux Nation, and the only victory would be a complete block of the Dakota Access Pipeline. Well now you have Dave Archambault, who came to the camp and drove around in his personal pick-up truck, announcing to people that they have won, and that people could return to their homes. And what is suspected to be happening with this denial of the easement by the Army Corps, they’re denying the easement in that spot at the Oahe Lake, which is actually just a lake that’s resulted
by the damming of the Missouri River, which is a whole other history that I encourage people to look into, the way that the Missouri River has been a point of struggle for the people at Standing Rock and the Sioux Nation for many, many years.

And so denying the easement in this one tiny spot on Lake Oahe on the Missouri River is not a victory, because we all, tens of millions of people, rely on the water from the Missouri River, the largest water basin in this region of the country. And putting the pipeline crossing of the Missouri
River twenty miles north or, forty miles north, is still going to result in the same risks for everybody who drinks that water and for all the people of Standing Rock, and for all the people of Sioux Nation. And so I think it’s important for people to be examining. You know, I’m an anarchist, I’malways examining the people who hold power, and I think my indigenous comrades who are up there, or who have been up there at Standing Rock, they also come from a perspective that somebody who is in tribal government, these are governments that mirror colonial government and colonial power. And so there’s something to question there. This isn’t the ways in which traditionally indigenous people of Sioux Nation would have governed themselves. And if we’re going to be talking about being in solidarity with indigenous sovereignty, then we as non-native people,
allies and accomplices to them, need to be following their lead, but we also need to be critical of whose lead we’re following and what kind of power those people are wielding.

But I think that there’s a lot of people who are not going home, and I think that’s really important to remind people right now, that there are hundreds and hundreds of people who will not be returning home. Over on the reservation side at Sacred Stone and Rosebud camp, there’s still around six hundred or more people on that side, at Oceti Sakowin which I believe has actually been renamed to Oceti Oyate, which that rename has come from the indigenous youth council and from this person Chase
Ironeyes who actually had run for U.S. Congress, he did not win, which I think is a good thing, so that he can stay in the community as opposed to ascending to actual power, but Chase Ironeyes is actually from Standing Rock. Him and his wife have been fighting this pipeline really along with the people, and he’s stepped into a real role of leadership that I think is a positive role of leadership. And he is encouraging people along with Ladonna Allard whose land Sacred Stone is on, is one of the founders of Sacred Stone Camp, are telling people to not go home, that people who are already there need to continue holding space, to continue to fight this pipeline, but also to continue to assert their indigenous sovereignty over
these lands that don’t belong to North Dakota and were never ceded by the people of Standing Rock and Sioux Nation.

TFSR: So earlier in the interview you spoke a lot about ways to resist grand juries; ghosting, press conferences and invoking the fifth amendment. Are there any other ways that you would recommend people fighting a grand jury scrutiny?

SR: Yeah, so the first thing, I said a little bit earlier, but I think it bears repeating, it’s scary when you are the person who receives a subpoena, and it’s meant to be scary, that’s the tool that the state is using, is to be the big scary,
secretive entity that intends to isolate you. So number one, reaching out to people and not staying silent I think is one of our strongest tools. And also, I think the grand jury that happened in the Pacific Northwest, the grand jury that happened with Jerry out in New York, I think those are really great recent examples, the grand jury with Carrie Feldman in Minnesota a few years ago as well, are really great examples of building not just localized community resistance, but really started reaching out through the
very vibrant national networks of anarchist, anti authoritarian and radical people. And so I think doing that as well, reaching out in through all the networks that we have, whether they’re political or personal networks, and
building these ways of resisting together.

Also the Water Protector Legal Collective and the National Lawyer’s Guild have a really strong presence up there at Standing Rock and they’re doing a lot of work in the camp and out of the camp to help mount resistance to this grand jury and offer the support necessary. So just as a heads’ up to any person who, because people who are possible targets for subpoenas for this grand jury, so many people have come and gone from Standing Rock, that you could be back home in Ohio and receive a subpoena. You don’t have to be at Standing Rock or in North Dakota or that region of the country to be subject to this risk, and I don’t say that to stoke any fear but just to be really honest with people, that you may have come and gone but this is still a possibility. So reaching out to the Water Protector Legal Collective as quickly as possible is really important because they’re able to offer legal council that could represent you through the grand jury process, they’re able to connect you to those networks of resistance that are already existing if you yourself aren’t already plugged into them.

Water Protector Legal Collective has a website which is waterprotectorlegal.org, but if you received a subpoena, you should call them immediately. Twenty-four hours a day they have a hotline, and the number is 605-519-8180.

And also, right now people who want to help support grand jury resistance, donating to the legal collective fund is especially helpful. Not only does that legal fund that exists through the Water Protector Legal Collective going towards supporting people’s criminal cases, it’s also going towards supporting the people who are up there doing legal work who’ve left their homes and their families back in their own communities and are up there doing that work. The amount of resource that’s necessary to help 571 people, and that number of people with criminal cases is growing, to help those people with their criminal cases, also fighting a grand jury, also trying to support the people who have given up their lives at home to be engaged in full-time legal support. So donations are vital and that is
a way that people at home and outside of Standing Rock can continue to support not just grand jury resistance but also all the people that are facing criminal charges as well.

TFSR: I was wondering, you mentioned looking into the cases of recent grand jury resistance as a way to be more informed, but are there any other resources for grand jury resistance that you would recommend to listeners?

SR: Yeah, so I would say one of my number one favorite spots for grand jury resistance information is there’s a lot of really great detailed information that’s available through the Civil Liberties Defense Center in Eugene, OR, and their website is cldc.org, and they have a number of resources that are available on there, both for a person or people in a community that are thinking about grand juries but also resources available for legal workers or attorneys about grand juries and how to fight them when they are being used against people of political or social resistance. Other good stuff that’s out there; crimethInc has some information, also the Midnight Special Law Collective has a grand jury training available on their website which is midnightspecial.net, and there’s also some really good history and information that’s available through the Freedom Archives. On the Freedom Archives, if you just search on there, which is freedomarchives.org; you can search “grand jury” or “grand jury repression” or things like that. There’s a lot of really good information on there, and there’s a lot of really good historical context about how grand juries have been used against people in social and political movements. People like the Puerto Rican Independinistas, people from the American Indian Movement, and the long history of grand jury use and FBI repression.

TFSR: Do you have anything else that you’d like to add?

SR: I think the only thing I would want to add is I think that there’s a lot of really exciting and beautiful and hopeful things that are coming out of this movement at Standing Rock. We’re seeing that spirit of resistance spread from Standing Rock Reservation, which probably most people had never heard of until a few months ago, but that’s spreading out not just across this country and continent but really globally, there’s global solidarity for this. And I think, I really want to drive home to people who are non-native people who are allies and accomplices to Indigenous people who are in this struggle, that part of what I feel like our responsibility is, we’re in solidarity
with Indigenous people who are fighting for sovereignty, that we not only be in solidarity with them on the frontlines, we not only be in solidarity with them in those kind of glamorous moments of resistance, but that we
be in continued solidarity with them when the repression, the inevitable repression comes raining down on those movements of resistance. And that we really take it very seriously that the grand jury, the feds, and local law enforcement, more importantly County law enforcement, that this isn’t something that’s just going to be happening in this next couple of months, that the repression that’s going to be coming against people who are in struggle for indigenous sovereignty over their lands, their water,
their communities, their spiritual practices, that this repression is going to last for a long time. I hope that non-native allies and accomplices are in it for the long haul as well.

GE Trees update + pt 2 of former prisoner panel from NAABC conference, 2015

GE Trees + Former Political Prisoners

http://denverabc.wordpress.com
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This episode has two parts.

In the first segment of the episode, William spoke with Anne Peterman of the Global Justice Ecology Project, following up on the GE Trees Action Camp which took place in late September outside of Asheville. To hear the previous interview you can go to http://thefinalstrawradio.noblogs.org and search GE Trees, and to learn more about GJEP and to donate to Anne and Ruddy’s legal defense, you can go to http://nogetrees.org

The bulk of the hour we’ll hear the second half of the Former Prisoner Panel proceeding the North American Anarchist Black Cross conference in Denver, 2015.

On the panel you’ll hear from:

  • Jerry Koch, an anarchist who was incarcerated over 9 months for refusing to testify before a grand jury (for a second time) in New York, as he talks about his incarceration and his release.
  • Eric McDavid is a green anarchist who served 10 years of a 20 year sentence before release in January of 2015.
  • Lynne Stewart is a movement who served 2.5 years of a 10 year sentence, released due on compassionate grounds due to terminal cancer.
  • Kazi Toure is a formerly incarcerated member of the marxist guerrilla group United Freedom Fighters/Ohio 7.
  • Jihad Abdulmumit is national chairperson for the Jericho Movement and spent 23 years in prison for involvement in the Black Panther Party and the Black Liberation Army.
  • Mark Cook was a social prisoner who founded a Panther Chapter in prison and became involved in the George Jackson Brigade.

The first half of the panel discussion can be found here: http://thefinalstrawradio.noblogs.org/post/2015/10/14/former-political-prisoner-panel-in-denver-2015-pt-1/

In this presentation, the panelists speak about experiences of re-entry, trauma of incarceration, support they’ve received, experiences behind the bars and critiques of how prisoners are supported. This event was hosted by Denver Anarchist Black Cross (http://denverabc.wordpress.com)

We lacked time to announce this benefit for Stephanie Wilson, a dear friend who was struck by a car while attempting to render care to a dog who’d been previously hit by another vehicle. The benefit is to raise medical funds for Stephanie. More info here: https://www.youcaring.com/stephanie-wilson-454345

Playlist

Jerry Koch speaks on behalf of Luke O’Donovan

letlukego.wordpress.com
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This week we spoke with Jerry Koch, an anarchist who was coercively imprisoned for refusing to cooperate with a federal grand jury in New York City, about Luke O’Donovan’s legal case.

From Luke’s support website:

“On New Year’s Eve of 2013, Luke O’Donovan attended a house party in Reynoldstown, a neighborhood in Atlanta, Georgia. Luke was seen dancing with and kissing other men at the party. Later in the night he was insulted with homophobic slurs, and attacked by several people at once. Luke unsuccessfully attempted to escape, at which point several witnesses reported watching between 5 and 12 men ganging-up on Luke and stomping on his head and body, evidently with the intent to kill him. Luke was called a faggot before and during the attack. Throughout the course of the attack, Luke and five others were stabbed. Luke was subsequently imprisoned and charged with five counts of aggravated assault with a deadly weapon as well as one count of attempted murder. He spent two and a half weeks in jail without bond before being released under bond conditions that drastically affected his life. None of the other individuals involved in the altercation were charged.”

On August 12th of this year, Luke O’Donovan took a plea deal, which reduced his sentence of up to 110 years in prison to 2 years in prison with 8 years of probation alongside criminal banishment. Luke’s supporters – as well as The Final Straw participants – believe that the choice to plead guilty was coercively enacted by the court systems and the state and Luke is thoroughly supported in having to have made that choice.

We speak with Jerry Koch about the particulars of this case, what anarchist interaction with the court system can look like, as well as of his own case and his thoughts thereupon. We also speak about supporting folks who are incarcerated and the various forms that support could take, as well as things that folks doing support might consider.

For more information about the status of Luke O’Donovan’s case, and for information on how to send him mail, you can visit: http://letlukego.wordpress.com

And to write to his support crew, you can email letlukego@gmail.com

Thanks to a listener who send us some of their hip hop remixes! You can see more of their stuff at https://soundcloud.com/geothermalblowout/

Steve Jablonski on exile against the PNW Grand Jury (05/04/2014)

http://pnwgjresistance.storenvy.com/(Post Script, April 2015:  It has come to our attention at The Final Straw, and within the wider North American Anarchist scene, that Steve Jablonski’s story of evasion of a Grand Jury in the PNW was a false one.  It’s regrettable that someone would choose to gain social and economic capital by posing themselves as bravely resisting the state and it’s harassment.  As has been verified to us here at the show, Steve not only lied on this show, but in tons of personal interactions in the U.S. and Canada and took advantage of good intentions and trust while also soaking up resources that could have been used to support others actually resisting Grand Juries and otherwise experiencing State repression.  The audio of this episode has been removed.  For further clarification: http://anarchistnews.org/content/regarding-steven-jablonskis-deceptions-grand-juries-and-sensible-solidarity)

This week’s show features a conversation with Steve Jablonski, recently returned from a period of self-imposed exile in Canada as avoidance of receiving a Federal Grand Jury subpoena in relation to anti-police organizing in the pacific northwest and the May Day spree of 2012 in Seattle. Steve talks about the choice he made, the circumstances that allowed him to return, the support he received while abroad and his return to the U.S.

This week’s Sean Swain segment is read by a supporter. Sean has resumed his meals but is still being denied phone and email access. It is suggested that you take a minute and give a call to Chief Inspector Gary Mohr in Columbus Ohio at (614)752-1671 or (614)752-1677 and request that Sean be given those accesses so that he can more easily communicate with his new legal counsel, Richard Kerger. Seanswain.org also suggests calling ODRC Legal Services at 614-752-1765 and requesting to speak to Counsel Trevor Clark. Sean believes that Trainwreck Trevor is the source of his silencing.

We also announce a request by the Move9 Parole supporters that people call the Pennsylvania Parole Board from the 5th to the 9th 24/7 at (717) 772-4343 and request that the Board parole Debbie (Sims) Africa (#006307) on the grounds that Debbie has:
1.) received a positive recommendation from both the Warden and Superintendent of her prison for parole;
2.) employment and housing both set up for her if she is paroled
3.) an excellent prison conduct record.
More info can be found at http://move9parole.blogpsot.com
Hear our interview with Orie Lumumba about the Move9 case here: http://thefinalstrawradio.noblogs.org/post/2014/02/27/update-on-the-g20-extraditees-the-move-9-parole-push-02162014/

A great way to support legal fees and such for resisters, including Dennison Williams and Kerry Cunneen who are still in exile, as they evaded the Grand Jury AFTER being served with subpoenas, and make your walls pretty, check out http://pnwgjresistance.storenvy.com/ or http://nopoliticalrepression.wordpress.com/ and specify donations for Dennison and Kerry. Hopefully money will get to them.

Also, Steve wanted me to include info about his buddy, Amelie, who is caught up in the 5E3 prisoners in Mexico: http://fuegoalascarceles.wordpress.com/in-english-information/

Lelsie James Pickering on surveillance and radical history

L.J. Pickering & Co
L.J. Pickering + Fam
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This week Bursts spoke to Leslie James Pickering about a range of different subjects. Mr. Pickering worked for the North American Earth Liberation Front Press Office (NAELFPO), acting to spread the message and communiques of the ELF, from 1997 to 2002. Obviously, he experienced heavy state oppression during that period of time. And recently, it’s become apparent that the state hasn’t forgotten him.

Leslie James Pickering is no longer allowed to enter Canada (despite no relevant arrests in the last decade and a half) and has found that he’s got a “Mail Cover” via the Post Office where his mail is photocopied and tracked by an as yet unidentified Law Enforcement Agency. He’s also had friends on the West Coast contacted by the Buffalo (NY) FBI Office and asked if Leslie has enemies or do direct action and business contacts of Leslie’s have been subpoenaed to Grand Juries around Burning Books Radical Bookstore. Leslie is an owner of that radical bookstore in Buffalo, which carries books, zines and hosts political events and via which, according to the FBI, Leslie is “stirring up the youth.”

We spend most of the hour talking about government surveillance in his case in particular and in general in the U.S. and also about the prosecution of Jeremy Hammond. Leslie shares some thoughts on parts the forgotten history of radical resistance in the U.S. In particular, he talks about his recent book on the Evan Mecham Eco Terrorist International Conspiracy (EMETIC), a predecessor to the ELF, as well as his earlier book on a radical, white, working class radical named Sam Melville who bombed government and capital centers in New York and inspired the Weather Underground. Melville, who’s the focus of Pickering’s book “Mad Bomber Melville”, went on to organize at Attica before and die during the Attica Prison uprising in 1971. In Pickering’s view, the importance of recognizing and learning from radical history allows us to better strategize for current and future struggles.

Lastly, we briefly touch on the story of Martin Sostres, who’s ideological journey brought him from Nation of Islam through Black Nationalism to Anarchism. Sostre was framed up on drug charges in order to silence his organizing and shut down his bookstore in Buffalo, NY, in 1967 and served 10 years before having his case overturned. Martin Sostre now lives in New York City. There was a 1974 documentary about his case called “Frame-Up!: The Imprisonment of Martin Sostre” (Pacific Street Films). The film HAS been available for streaming at christiebooks.com, alongside MANY other films in many languages.

http://lesliejamespickering.com where you can find news of, updates on and writings/speeches by L.J. Pickering

http://burningbooksbuffalo.com/

Playlist

When THE MAN knocks, health in the coal fields of West Virginia and METAL/PUNK!

FBI cartoon
freeze…
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This week’s show features two interviews. The first is a conversation is with Mark of Croatan Earth First! about the recent visits by JTTF/FBI to anti-fracking activists on the East Coast, climate-change activists on the West Coast and and GJ-targetted Anarchist communities in NYC.

The second conversation takes place between our friend, Wren Awry (AFM news hour) and Dustin Steele about Dustin’s work with the Beards Fork Health Survey to gather information on the health effects of surface mining in West Virginia with an eye toward mutual aid.

The last half of the show features new songs from Bellicose Minds (PDX), Anniversary (D.C.), Wiccans, and Criminal Damage. And more!

http://www.croatanearthfirst.com
http://www.jerryresists.net
http://ccrjustice.org/if-agent-knocks-%28-booklet%29
https://www.nlg.org
https://nopoliticalrepression.wordpress.com/
http://www.sals.info/

Playlist

Grand Jury in NYC; also, Marius Mason and June11

Marius Mason
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This week, William speaks to Dave about Jerry Koch. Jerry is a New York Anarchist resisting (for the 2nd time) a GJ in NYC.

JerryResists.net

Also, Bursts speaks to Bella about Marius Mason, long term ecological, animal rights, labor and anarchist activist. Marius is also serving a 22 year sentence. Bella also talks about the upcoming day of Solidarity with Marius Mason, Eric McDavid and Other Longterm Anarchist Prisoners on June 11th. We also talk about the despicable snitch, Frank Ambrose (more info on the below sites).

supportmariusmason.org
june11.org

Playlist can be found here.

(Also, the song after the Jerry Koch portion is Arianna Staiger’s song for her parent, Marius Mason)