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Keep Up the Support for Josh Wolf! New Hearing on August 1!
Josh's last civil contempt hearing was continued until August 1st. We need to keep up the support for Josh. Having so many people attend the last hearing really helped and changed the mood in the court room. Any of these hearing could result in Josh being sent to prison for simply asserting his constitutional rights.
Keep up the solidarity! See you on August 1st !
Keep up the solidarity! See you on August 1st !
______________________
Please Forward Widely:
______________________
Josh Wolf's Civil Contempt Hearing Continued. New Hearing on August 1.
Independent Journalist Faces Jail Time for Resisting Grand Jury Subpoena
Where: Federal Building; 450 Golden Gate Ave. San Francisco
When: August 1, 2006
9:00 AM Civil Contempt Hearing
Josh Wolf's civil contempt hearing was continued until Tuesday August
1st. He still faces over a year in jail for refusing to testify or
turn over video out takes to a Federal Grand Jury investigating a
July, 2005, anti-G8 demonstration. At Josh's last hearing over 30
supporters, family and press filled the courtroom. Judge Alsup (in
contrast to his last performance) was less abrasive and we feel this
is due to the large turn out in the courtroom. This is why we are
continuing our call for supporters to attend his upcoming hearings.
Josh faces more than a year in federal prison for simply exercising his
constitutional right to remain silent, while standing up for freedom of
the press. This is one of several grand juries being convened across
the country to harass, intimidate and collect information on political
activists and their supporters.Please spread the word and attend
Josh's hearing. Let's have another show of solidarity and support for
Josh!
2:00 PM Board of Supervisors General Meeting
Where: SF City Hall
At 2:00 PM, the Board of Supervisors will vote on resolution 061086
"Resisting the Federal Government's Intervention in a San Francisco
Investigation," please come out to show your support for the pending
resolution put forth by Ross Mirkarimi and Tom Ammiano's offices on
behalf of Josh Wolf's case.
For more info and updates about Josh's case:
http://www.joshwolf.net/grandjury/
http://www.fbiwitchhunt.com
Support Josh!
Resist Grand Juries!
Please Forward Widely:
______________________
Josh Wolf's Civil Contempt Hearing Continued. New Hearing on August 1.
Independent Journalist Faces Jail Time for Resisting Grand Jury Subpoena
Where: Federal Building; 450 Golden Gate Ave. San Francisco
When: August 1, 2006
9:00 AM Civil Contempt Hearing
Josh Wolf's civil contempt hearing was continued until Tuesday August
1st. He still faces over a year in jail for refusing to testify or
turn over video out takes to a Federal Grand Jury investigating a
July, 2005, anti-G8 demonstration. At Josh's last hearing over 30
supporters, family and press filled the courtroom. Judge Alsup (in
contrast to his last performance) was less abrasive and we feel this
is due to the large turn out in the courtroom. This is why we are
continuing our call for supporters to attend his upcoming hearings.
Josh faces more than a year in federal prison for simply exercising his
constitutional right to remain silent, while standing up for freedom of
the press. This is one of several grand juries being convened across
the country to harass, intimidate and collect information on political
activists and their supporters.Please spread the word and attend
Josh's hearing. Let's have another show of solidarity and support for
Josh!
2:00 PM Board of Supervisors General Meeting
Where: SF City Hall
At 2:00 PM, the Board of Supervisors will vote on resolution 061086
"Resisting the Federal Government's Intervention in a San Francisco
Investigation," please come out to show your support for the pending
resolution put forth by Ross Mirkarimi and Tom Ammiano's offices on
behalf of Josh Wolf's case.
For more info and updates about Josh's case:
http://www.joshwolf.net/grandjury/
http://www.fbiwitchhunt.com
Support Josh!
Resist Grand Juries!
Add Your Comments
Comments
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The Fifth Amendment reads, in full:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation"
There simply is NOT a US Constitutional right of "silence" generally. Read it for yourself.
Show me where it says there isnt a rite to silence
"you have the right to remain silent"
so they tell you that because.... you dont have the right to remain silent?
law student? are you sure youre not just a right wing troll?
so they tell you that because.... you dont have the right to remain silent?
law student? are you sure youre not just a right wing troll?
"gives" us the right to free speech. presumably, this would include the decision not to answer questions. so there.
> "you have the right to remain silent" <BR>
> so they tell you that because.... you dont have the right to remain silent? <BR>
<P>
The Miranda warning (which you seem to have been on the wrong end of a few times) includes the right to remain silent becuase it is certainly likely that you are about to blab about the crime which you were just arrested for. The police have no right to make you confess your own crimes -- the prohibition against self-incrimination came from a fear on the part of the Founders that torture and other less-savory practices would be established in the New World. However, they have every right in the world to make you squeal on somebody else. And if you have been granted full immunity you have no right to hide anything, even if it might be incriminating to you. <P>
The Supreme Court agrees: Kastigar v. United States ("The Court found that compelled testimony is legitimate given the grant of immunity")<P>
If you don't like the Supreme Court then try Wikipedia ("However, if the state feels the need, a suspect or subpoenaed grand jury witness may be given a grant of immunity and compelled to give testimony under oath")
> so they tell you that because.... you dont have the right to remain silent? <BR>
<P>
The Miranda warning (which you seem to have been on the wrong end of a few times) includes the right to remain silent becuase it is certainly likely that you are about to blab about the crime which you were just arrested for. The police have no right to make you confess your own crimes -- the prohibition against self-incrimination came from a fear on the part of the Founders that torture and other less-savory practices would be established in the New World. However, they have every right in the world to make you squeal on somebody else. And if you have been granted full immunity you have no right to hide anything, even if it might be incriminating to you. <P>
The Supreme Court agrees: Kastigar v. United States ("The Court found that compelled testimony is legitimate given the grant of immunity")<P>
If you don't like the Supreme Court then try Wikipedia ("However, if the state feels the need, a suspect or subpoenaed grand jury witness may be given a grant of immunity and compelled to give testimony under oath")
The Justice Department (in the person of the Assistant United States Attorney) have decided (as of the last hearin) to not grant Josh immunity. Until immunity is ranted, Josh ahs an absolute right to remain silent and not incirminate himslef. If immunity is granted, Josh will have to make a decision, as to whether to continue to withhold his outtakes or to give them and testify.
This will be a hard decision for Josh as if he withholds his "evidence" and testimony he will probably go to jail. If he does he will follow in the footsteps of many rpeorters and activists who have gone to jail ofr what they believed in.
This will be a hard decision for Josh as if he withholds his "evidence" and testimony he will probably go to jail. If he does he will follow in the footsteps of many rpeorters and activists who have gone to jail ofr what they believed in.
Turning over a piece of evidence is very different from compelling Mr. Wolf to get on the stand himself. The video tape is a physical object that can be physically taken as evidence, just like a gun that might have been used in a crime.
His alleged "right" to "silence" is not implicated by taking a physical object away from him. If the cops wanted him to get on the stand and testify about who he saw and what he saw that's a form of compelled speech (see people commenting above). But it's not compelled speech to make him hand over an object -- that's simply the judicial system at work.
His alleged "right" to "silence" is not implicated by taking a physical object away from him. If the cops wanted him to get on the stand and testify about who he saw and what he saw that's a form of compelled speech (see people commenting above). But it's not compelled speech to make him hand over an object -- that's simply the judicial system at work.
My sister once was on a jury of trial of a person who didn't steal a car, but road in a car that was stolen. The key thing was that he might have known it was stolen. It might be important to realize that if you witness a crime and don't tell the police about it, you can be considered an accessory to the crime. This goes against the idea that most children have been taught that they should mind their own business and they are only in trouble if they have done something themself. Rather, everyone should run. Can a lawyer or paralegal chime in here?
You might want to research the case a bit before you start trying to dissect it. Go to Josh's webpage joshwolf.net and you can find all the documents you want on the fine points of the case. He is being asked to turn over the video and answer questions. The key here is his 5th amendment right against self incrimination. He may get granted immunity which protects you from being indicted by the grand jury based on your testimony. But, immunity does not protect you from being indicted based on the testimony of others. If Josh is granted immunity and still refuses to turn over the video he could be jailed until he agrees to comply with the subpoena. Yes, the above comment is correct. You do not have the right to remain silent per say. Technically its the right against self incrimination. When your read your miranda rights it is stating your 5th amendment right in laymans terms so that everyone can understand. If the cops told you, "you have the right to protect yourself from self incrimination" it would get a little confusing. Saying that you have the right to remain silent is just easier for most people to understand. Unfortunately most people don't remain silent and they do end up incriminating themselves and their friends.
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