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Y-12 Activists May Be Barred From Bringing up the Morality of Nukes at Their Trial

December 10, 2012 ·

Federal prosecutors seek to remove justification for the existence of nuclear weapons from the trial of the Transform Now Plowshares Three.

Federal prosecutors seek to remove justification for the existence of nuclear weapons from the trial of the Transform Now Plowshares Three.

Remember the activists, including an 82-year-old nun, who infiltrated the Y-12 nuclear weapons complex in Oak Ridge, Tennessee on July 12? They're members of  Transform Now Plowshares, the current version of the original Plowshares Christian pacifist movement. The Plowshares Eight initiated these kinds of actions in 1980 when they snuck into a General Electric nuclear missile facility in Pennsylvania.

Like their predecessors, the Transform Now Plowshares Three are as physically courageous as they are morally. A lengthy jail term could see at least one of its members, 82-year-old Sister Megan Rice, die while incarcerated.

At the trial in February they each face 15 years in prison and fines up to $500,000. Worse, as the co-director of a nuclear watchdog group in Wisconsin called Nukewatch, John LaForge, wrote at the Transform Now Plowshares site, "federal prosecutors have mentioned bringing two heavier charges, including sabotage 'during wartime,' which together carry up to 50 years."

Even worse, the Transform Now Plowshares Three may be left destitute of tools with which to defend themselves. LaForge explains.

If the government gets it way, the trial judge will keep facts about nuclear weapons away from jurors and make sure that questions about the Bomb's outlaw status are left out of jury instructions. … before starting deliberations.

On Nov. 2, federal prosecutors [urged the judge] to "preclude defendants from introducing evidence in support of certain justification defenses." The motion asks the court to forbid all evidence — even expert testimony — about "necessity, international law, Nuremberg Principles, First Amendment protections, the alleged immorality of nuclear weapons, good motive, religious moral or political beliefs regarding nuclear weapons, and the U.S. government's policy regarding nuclear weapons."

The prosecution's justification? That it is "not relevant." Even though

The U.S. Attorney's motion … confesses, "[w]e do not suggest that the deployment of nuclear armament systems does not violate international law, but merely that Congress has power to protect government property."

The value of the Transform Now Plowshares Three's efforts was initially depreciated because the only kind of soul searching resulting from their actions was about plant security, not the morality of nuclear weapons. Now, federal prosecutors would move to expunge justification for the existence of nuclear weapons from the trial and reduce it to a simple case of trespass and vandalism at a military installation.

Clearly, the U.S. Attorney's office fears that admitting discussion of the justice of nuclear weapons to the jurors' deliberations will only obstruct the progress of the trial. More to the point it probably knows it's an argument it can't win.