portland independent media center  
images audio video
newswire article reporting oregon & cascadia

environment | police / legal

Craig Subpoenaed to Federal Grand Jury in Eugene; ELF Investigation Continues..

below
NEWS ADVISORY
February 15, 2006

Craig Rosebraugh Subpoenaed to Federal Grand Jury in Eugene, Oregon; ELF Investigation Continues

PORTLAND, OR - On Tuesday, February 14, 2006, Craig Rosebraugh received a subpoena to testify before a federal grand jury currently convened in Eugene, Oregon investigating a series of actions committed by the Earth Liberation Front.

Federal agents approached Rosebraugh as he sat in his vehicle and demanded he roll down his window, presumably to accept the subpoena. He refused, rolled up the windows, locked the doors, and cranked the stereo. After yelling at him, the agents left the subpoena on his windshield.

The grand jury subpoena - the eighth Rosebraugh has received in the last nine years - commands him to appear in Eugene to testify at 9:00am on March 16, 2006.

Investigating ELF actions that occurred between 1996 and 2001, the grand jury convened in Eugene is responsible for indicting eleven people in January 2006 in connection with ELF activity throughout the Pacific Northwest and Colorado.

Rosebraugh served as an unofficial spokesperson for the ELF from 1997 through 2001. Receiving anonymous communiqués from the underground activists, he released the information to the news media and conducted interviews internationally in support of the group. In 2000, Rosebraugh co-formed the North American Earth Liberation Front Press Office (NAELFPO), a media resource organization based in Portland, Oregon. In February 2002, Rosebraugh was subpoenaed and appeared in front of the US Congress in a subcommittee hearing on "ecoterrorism." He pled the Fifth Amendment at the proceeding to 54 out of 56 questions, effectively stonewalling the hearing.

Witnesses subpoenaed to testify before federal grand juries are not allowed to be accompanied by their attorney inside the proceedings, nor are they allowed to rely upon their Fifth Amendment privilege and remain silent. Witness that do plead the 5th and remain silent are commonly forced to take immunity at which time they must answer all questions that fall under the scope of the immunity. Witnesses refusing to answer any question under the scope of immunity usually are jailed for contempt and held for up to eighteen months or the remaining length of the grand jury.

For the last nine years, Rosebraugh has consistently resisted the grand jury inquisitions, refusing to cooperate and provide any information to investigators.


-30-

A couple of thoughts on this 16.Feb.2006 00:13

A Portlander

By now, Craig is probably not too frightened when federal agents approach him with subpoenas. This has got to piss them off. Way to go, C!

Let's see if Craig can up the percentage of questions he declines to answer under his 5th Amendment rights. (That provision still exists in our Constitution, right Mr. Gonzales?) He responded to 54 out of 56 questions (or 96 percent) in this manner during his last appearance. That has got to REALLY piss them off!!

Any more subpoenaes? 16.Feb.2006 10:38

anti-GJ

Has there been any more subpoenaes received by anyone on the "no contact" list?

Solidarity 16.Feb.2006 13:11

CatWoman

Craig has consistently set an example for the rest of us regarding the way to respond to these witch hunts, and may we all watch his back now that they are coming his way again.

support for Craig 16.Feb.2006 13:16

spArkle

Good luck, Craig. Thanks for staying strong.

The detailed report is much appreciated. The more open we are about how the Corporate-State Complex is harrassing people, the safer we make ourselves.

Congratulations are in order 16.Feb.2006 14:27

Not a fan

Rosebraugh has taken a principled stance in front of the previous grand juries and the U.S. Congress. He deserves our thanks for that and for pointing out how grand juries are used against peoples' movements.

Unfortunately, the Fifth Amendment cannot be used indefinitely in front of a federal grand jury. As people will learn if they attend the upcoming road show from the Civil Liberties Defense Center (that's this Saturday, February 18th at Laughing Horse and Wednesday, February 22nd at Liberty Hall), those who refuse to testify, even by invoking the Fifth, can be threatened by the judge with jail sentences.
A federal grand jury is different than a felony grand jury, which is what the local prosecuting attorney uses to indict ham sandwiches or people that she or he wishes to bring to trial. This distinction is important. Not knowing the difference can get people in trouble.

Craig Rosebraugh, as well as others who have been or will be called, needs our support. I urge people to attend the forums to find out how to help him and ourselves.

lest we forget 16.Feb.2006 17:14

Thurgood Marshall

And lest we forget, though the Supreme Court has held that you don't have the right to have an attorney present in a grand jury, you do have the right to have one outside the courtroom--and the right to consult with him on questions.

"Please state our name sir"

"I am invoking my right to consult my attorney on this question"

talk to lawyer for 40 minutes

"It's blank"

Theorically you could hold up a grand jury investigation to a few questions a day this way.

Grand Jury Information 16.Feb.2006 17:38

Lucy Parsons

Grand Juries, Snitches, & Spies, Oh My!

Is this Justice?
How far can they go?
How far have they gone?
What do you have to lose?

Grand Jury Roadshow and Grand Jury Coming to a City Near You!

Come to an educational forum on Grand Juries, criminal prosecution, and
the use of confidential informants presented by Attorney Lauren Regan of
the Civil Liberties Defense Center. Learn the facts about the legal
system and what rights citizens have in the face of a growing police state
that is based on political whim more than a desire for safe communities or
justice. Come hear how grand juries and snitches deny your rights,
disrupt political movements, and destroy communities. How will current
events impact your community?

PORTLAND DATES:

SOUTHEAST:
Saturday, Feb. 18th, 7PM
Laughing Horse Books, 3652 SE Division St.

NORTH / NORTHEAST:
Wednesday, Feb. 22nd, 7PM
Liberty Hall, 311 N Ivy

Remember the 4th Amendment 16.Feb.2006 17:58

if being harrased

If someone does come to your door, and looks suspicious, you do not have to respond to ANY of their questions. It may be good to ask your own questions first... "What are you doing at my home, (or on my property), who are you and what do you want?" etc. Then, you may respond to any questions by evoking your rights; The 4th Amendment of the US Constitution: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." If they do not have a warrent, they cannot be at your home or on your property. Obviously, when you leave your home, this will be the time that they may try to contact you. Does someone else out there has more information on just what rights we have on public property regarding intrusive questions by federal agents?

You don't have to be on the "no contact list" to be served a subpoenae! 16.Feb.2006 18:05

not on list

I know for fact that federal agents have attempted to serve a grand jury subpoenae related to the "eco-terrorists" to at least one other person, and that person is not on the "no contact" list. Be wary.

Craig is a true warrior 16.Feb.2006 19:02

.

I totally support Craig and what he represents. I know he will remain strong and defiant and wish him only the best in this newest round of harassment.

craig and others 16.Feb.2006 20:36

j

we should all really focus on supporting all of the people subpeonaed in this witch hunt- they seem like they're looking for a "weak link" or someone who will make up stories or collaborate the stories the FBI is making up...and all they need is one. So let's make sure and support ALL those who stand strong in the face of this, including CR.

ding 16.Feb.2006 20:52

pictures do help

who do we support
CRAIG

Short Note About Federal v. Felony Grand Juries 17.Feb.2006 18:38

stu sugarman

Basically, they are the same. There are two kinds of grand juries -- State and Federal. Grand Juries ONLY exist in felony investigations. In misdemeanor investigations, the prosecutor files the charging instrument without any Grand Jury being convened. When they talk about the ham sandwich, this is what they are talking about.

I agree that most of the rest of the posts are accurate -- this stood out for me so I thought I'd share what I've learned a little. Thanks for reading.

503.228.6655

Hey Stu! 18.Feb.2006 08:19

StevetheGreen

I was wondering who makes the decision to hold people in contempt when they invoke the 5th amendment? Is it the presiding judge?

What is the criteria for holding someone in contempt for refusing to answer any Grand jury inquiries?

Why wasn't Craig held in contempt for refusing to answer their questions in the past?