Judge rules Y-12 protesters can only enter government nuclear facility with President's permission

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Source: Knoxville News-Sentinel



U.S. District Judge Amul Thapar today ruled that the time already served was sufficient for three Plowshares protesters, upheld that they are responsible for $52,953 in restitution costs for damages from their July 28, 2012 break-in at the Y-12 nuclear weapons plant in Oak Ridge, and imposed two years of “unsupervised supervision” with three conditions.

The judge’s conditions are that the three — Sister Megan Rice, Michael Walli and Greg Boertje-Obed — not commit any state, local or federal crimes; that they not enter any U.S. government nuclear facility, unless specifically invited by the President of the United States; and that they report any arrests to their probation officer. Other than that, they only have to report to a probation officer one time before 5 p.m. Friday to sign up.

Thapar added the stipulation about an invitation from POTUS after the protesters raised a question about whether they could visit a government nuclear facility — such as Y-12 — if it was part of a public tour.

The judge ruled against that request with the one exception, adding that he thought the President was pretty busy and was unlikely to approve such a visit.

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Read more: http://knoxblogs.com/atomiccity/2015/09/15/federal-judge-rules-y-12-protesters-can-only-enter-nuclear-facility-with-presidents-permission/

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1. Transform Now Plowshares three receive unsupervised supervised probation, $52,000 restitution upheld

https://transformnowplowshares.wordpress.com/2015/09/15/transform-now-plowshares-three-receive-unsupervised-supervised-probation-52000-restitution-upheld-by-judge/

Transform Now Plowshares three receive unsupervised supervised probation, $52,000 restitution upheld by Judge.

Posted by tnplowshares ⋅ September 15, 2015 ⋅ 3 Comments

After hearing arguments from both sides during a teleconference sentencing hearing, Judge Amul Thapar split the different between the defense’s request for no supervised probation and the government’s request for supervised probation for Megan Rice, Greg Boertje-Obed and Michael Walli.

In the end, the judge sentenced each to two years of “unsupervised” supervised probation with only three conditions

- they must not be commit any local, state or federal crimes
- they may not enter any US nuclear facility
- they must report any arrests for any reason to their probation officer

There are no other restrictions on their activities. When defense attorneys asked if they retained their first amendment right to protest nuclear weapons at facilities, the judge said, “Absolutely, as long as they don’t enter the facility.”

The judge also declined to reduce or drop the demand for $52,000 in restitution to the taxpayer.

The three have until Friday, September 18, to report to their local probation office.

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2. Nun who broke into nuclear weapons complex resentenced to time served

http://www.cbsnews.com/news/nun-85-who-broke-into-nuclear-weapons-complex-resentenced-megan-rice/

Nun who broke into nuclear weapons complex resentenced

AP September 15, 2015, 5:20 PM


Sister Megan Rice, center, and Michael Walli, in the background waving, are greeted by supporters as they arrive for a federal court appearance in Knoxville, Tenn., Aug. 9, 2012.
AP Photo/Knoxville News Sentinel, Michael Patrick

NASHVILLE, Tenn. -- An 85-year-old nun and two fellow Catholic peace activists have been resentenced to time served for vandalizing a storage bunker that held much of the nation's bomb-grade uranium.

Sister Megan Rice, Michael Walli and Greg Boertje-Obed were originally convicted of felony sabotage for their 2012 actions in Oak Ridge, Tennessee, where they cut through fences and sneaked into the most secure area of the Y-12 National Security Complex. Once there, they hung banners, prayed and hammered on the outside wall of the bunker to symbolize a Bible passage that refers to the end of all war: "They will beat their swords into ploughshares."

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The 6th U.S. Circuit Court of Appeals threw out the sabotage charge in May, leaving a conviction on the lesser charge of injuring government property. When they were released from prison in June, the anti-nuclear activists had already served two years.

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Rice and Walli, who live in Washington, D.C., and Boertje-Obed, who lives in Minnesota, are part of a loose network of activists who oppose the spread of nuclear weapons through provocative non-violent protests they call ploughshares actions. In the aftermath of their break-in at Y-12, federal officials implemented sweeping changes, including new management and a new defense security chief to oversee all of the National Nuclear Security Administration's sites.

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3. How is the Government going to collect the money?

None own any property the Government can sell. All are on Social Security or SSI, which by Federal Law can not be attached (Social Security can be attached for Student loans and Taxes but not for fines, SSI can not be attached even for Student loans and taxes).

Sister Megan Rice, being a nun, had no salary when whe was below age 65 and thus only in SSI. As to the other two, I do not know their income status but I suspect no assets and maybe on Social Security instead of SSI, but the article said they are all indigent, thus the costs wil never be paid.