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The SOA trial: Cliff Frasier

Cliff Frasier has shared this report of his experience:

[posted here 1-30-03]

Dear Friends,

Some of you may have heard by now, that my long-awaited trial happened yesterday afternoon at the Federal Courthouse here in Columbus Georgia, before the Federal Magistrate G. Mallon Faircloth. You have all been wonderful as I have been preparing for this trial, and your support has made a great difference.

First the good news:

  1. the judge granted me "self-report" and granted me the date I requested: May 22 (giving me enough of a delay so that I can finish a lot of important work in NYC, yet also soon enough so that I'll return before Thanksgiving)
  2. only a $500 fine (it could have been much higher!) and
  3. I enjoyed my time in the courtroom! It was very rich for me: telling the judge why I had participated in the civil disobedience (my statement to the judge is an attachment to this email) and having the chance to engage the federal attorney when he chose to cross-examine me. Hearing the testimonies of my co-defendants was an extraordinary experience -- their stories and arguments were deeply moving and compelling. Getting to know these co-defendants has been extremely rewarding. Also, the Rev. Erin Swenson (who serves on the board of More Light Presbyterians) drove down from Atlanta to be a supportive presence during the trial, which was a real blessing.

And then, the not-so-great news, but not-surprising: a 6-month prison sentence, which will most likely be served in a minimum-security facility somewhere in the Northeast. All of the second-time "line-crossers" received the 6-month sentence, EXCEPT several people over the age of 70 (although several septuagenarians refused house-arrest and insisted upon prison) plus I think one person who is 65 who had some special health considerations. These exceptions received either 6 months of house-arrest or a year's probation with community service. I was blessed by a letter on my behalf from the Justice and Witness Ministries national office of the United Church of Christ, which urged Judge Faircloth to dismiss the charges. Although the judge was not moved by the letter, it was wonderful having it included in the proceedings and knowing that the voice of the Church was present.

I return to NYC this Saturday, and I'll have nearly 4 months to live and work while preparing for the next leg of this journey. I'll be eager to talk with each of you about what this intense experience is meaning for me and about the larger sense I have of how it relates to my work and to other aspects of my life. Suffice to say for the moment, that the last several days have been powerful and spirit-filled.

Peace!
Cliff

Cliff Frasier's statement to the court:

First, an introductory comment offered by Marilyn White:

Please take the time to read Cliff's statement. It is fantastic. Of all the defendants, he was the one who really was able to put WHISC [short - fortunately! - for Western Hemisphere Institute for Security Cooperation) itself on trial. The army lawyer assisting the prosecution was very upset when Cliff suggested that WHISC comment on the appropriateness of light sentences as an example to the Latin American students attending the SOA of the best way to handle nonviolent civil disobedience. Cliff also provoked the most outrageous comment from the judge, who compared our nonviolent witness with a bank robbery where no actual weapons had been used. Once again I was insulted by his equating our commitment to nonviolence with the kind of coercion and threats of violence that are used in bank robberies. Even our attorney, Bill Quigley, felt he had to challenge the judge on this comparison.

Trial Statement before Judge G. Mallon Faircloth
January 28, 2003
Federal Courthouse, Columbus, GA
Rev. Cliff Frasier


Your Honor, thank you for this chance to make a statement to you and to this court.

I was ordained as a United Church of Christ minister in 1997, at The Riverside Church in New York City. Currently I serve 14 Presbyterian churches in New York City as their Director and Minister of Outreach and Inclusion for lesbian, gay, bisexual and transgender persons.

Your Honor, I have stipulated to the fact of crossing onto Ft. Benning last November 17, and I believe my non-violent act was not criminal in nature, and not to the degree worthy of incarceration or other penalty.

Compelled by my conscience, as well as by religious laws and international laws, under which we all stand, and consistent with WHINSEC's [another version of Western Hemisphere Institute for Security Cooperation] new mission statement which says its purpose is to "promote . . . . knowledge and understanding of United States customs and traditions" - with the understanding that non-violent civil disobedience is a cherished and time-honored United States tradition, and so wishing to embody this part of the school's mission statement - I chose to walk to the steps of the Western Institute for Security Cooperation, "WHINSEC", in order to memorialize the thousands of civilians killed by soldiers who learn arts-of-war on that site.

I respect that it is your sworn duty, your Honor, to uphold U.S. law, which includes the class-B federal misdemeanor of trespass. However, my walking onto Ft. Benning was my best attempt to be a responsible citizen in troubling times. I was in New York City on the day of the terrorist attacks, and I witnessed its chaos and destruction, and I want our country and world to be safe from such horrible violence. I am troubled, your Honor, by knowing that my country and yours is the only nation in the world found-guilty by the World Court for international terrorism. In 1986 the United States was ordered to pay reparations for unlawful use of force in Latin America - reparations we still have not paid.

Human Rights Watch has just issued a report that says "Washington has waged war on terrorism as if human rights were not a constraint" and warns that international support for our anti-terrorism campaign is weakening because of U.S. human rights violations [NYT Jan 15, 2003]. My intent was and is to do everything within the American tradition to improve the human rights record of the United States, including voting, writing to my legislators, and, when necessary, participating in the highly regarded American tradition of non-violent civil disobedience.

Your honor, WHINSEC is a combat training school which instructs foreign military personnel in the use of lethal force and then releases these personnel to the command of foreign armies. WHINSEC trains soldiers who do not remain under American command. Even when Latin American armies are connected to human rights abuses of the poor, even then WHINSEC continues training these personnel. Even when the human rights abuses against civilians by these armies are well documented, as they are currently in Columbia, even then WHINSEC continues this policy of training-and-releasing foreign soldiers with no reliable way to track them or hold them accountable in courts of law.

We tax-payers support an institution that leads to human rights violations overseas.

Your Honor, I know WHINSEC claims, by pointing to its mission-statement and to some of its courses, that its purpose is to promote human rights. But if WHINSEC is actually a human-rights school, why are most of its courses in methods for the deployment of lethal force? If WHINSEC is actually a human-rights school, why does WHINSEC receive no recognition for being such by other human rights organizations, and why aren't there human rights groups rushing to WHINSEC's defense? If WHINSEC is a human rights school, why does WHINSEC approve (and here I assume its administration does approve, at least tacitly . . . . ) of giving maximum penalties and prison sentences to peaceful, non-violent citizens who wish to hold a funeral service for the thousands who have been killed or tortured at the hands of persons who trained at that site? Would a human rights school support maximum prison sentences for class-B misdemeanors of non-violent trespassing? Would not a human rights school call for minimum sentences or no sentences?

Your Honor, I know you consider WHINSEC to be an improvement over its predecessor school, the School of the Americas, located on the same site. I agree with you, your honor, that WHINSEC has a better curriculum than the SOA. But if WHINSEC is now a human rights school, why has Amnesty International just recommended that WHINSEC be shut down while being investigated? If WHINSEC is a human rights school, why has WHINSEC not called for a full-scale investigation of its predecessor school, the SOA? Given the seriousness of the charges and well-documented connections between SOA graduates and human rights atrocities in Latin America, would not a credible human rights school at least embrace the idea of an investigation? Given the seriousness of the charges against its predecessor school, would not WHINSEC call for supervision entirely under the authority and guidance of Congress, rather than the Department of Defense?

Your Honor, it appears as if WHINSEC is not a human rights school. It appears as if WHINSEC is a combat school for Latin American soldiers who are then released to serve under the command of foreign armies. It appears as if WHINSEC is determined to continue this policy and so it seems as if WHINSEC is doomed to foster the same cycles of violence that have been well-connected to the graduates of the SOA.

My prayer is that, because of the non-violent actions of my sisters and brothers, in which I join, and the actions of those in the past and in years to come, that WHINSEC will become a human rights school. My prayer is that when it does it will act like a human rights school by investigating its predecessor school and embracing complete congressional oversight. My prayer is that, the chain-of-non-violence that processes every year onto Ft. Benning will inspire WHINSEC to become a human rights school, and that doing so will create greater security for ourselves, our children and grandchildren.

When WHINSEC finally makes the transition to becoming a human rights school, one clue, one sign, will be when it stops giving its tacit support to maximum prison sentences on non-violent persons for misdemeanors of trespass. Your honor, you could help make the case that WHINSEC has become a human rights school by dismissing all of the cases before you this week, or by giving token sentences that reflect the token nature of the action. WHINSEC could then issue a public statement affirming your leniency which, I believe, more than anything, would send a message and establish its credentials as a human rights school.

Your honor, the denomination in which I now serve, the Presbyterian Church, voted in 1994 to call for an end to U.S. military training of Latin American military personnel. I am responding to that call, and ask that you and others join with me.

Thank you, your Honor.

 

 

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