Justice Denied: The AETA 4 and You
The following is a letter just released by one of the lawyers defending the AETA 4, Bob Bloom. The letter captures both the absurdity of the charges, and the significance of the case for the animals and all of us. For a blunt and succinct explanation of how far the FBI is willing to go to crush the more effective tactics employed by the animal liberation movement, read on.
-Peter Young
A new client of mine, a young man named Joseph Buddenberg, is one of four principled, dedicated, and non-violent animal rights activists who have been indicted in federal court in San Jose, California under a new federal statute that was intended by Congress to target unlawful and violent conduct.
The statute, effective as of 2008, is known as the Animal Enterprise Terrorism Act (AETA), and each of the four defendants is facing five years or more in federal prison because they are alleged to have engaged in, literally, picketing at the homes of researchers they believe cause laboratory animals to be subjected to inhumane experimentation that causes suffering, pain, and death.
Congress was cautioned that the statute would be subject to overreaching by the FBI and by prosecutors. Predictably, this case that targets non-violent and non-criminal speech is the very first prosecution the government has chosen to initiate under this new statute. (The statute can be found by Googling 18 U.S.C. 43).
I do not understate or attempt to mis-state the allegations against the defendants. One of the documents I enclose is an affidavit sworn to by the FBI agent in charge of this case. The affidavit sets forth the worst of what the FBI claims the defendants did (in fact, the affidavit mis-states the facts as to one event). As you will see from reading the affidavit, the defendants are accused of identifying and locating animal researchers and then loudly picketing on the sidewalks in front of their homes. The intent was, and is, to stop the torture and other mistreatment of animals by speaking out in a non-violent manner to shame the researchers by exposing them and their conduct to their neighbors.
This kind of activity, speaking out to expose wrongdoers, is the very essence of the First Amendment. But the offending research laboratory, the University of California, is politically very powerful, and it has apparently lobbied federal law enforcement officials to bring this prosecution. The right of non-violent activists working to protect animals is under threat, and the First Amendment rights of all of us are threatened by this prosecution as well, as the animals suffer and die painful deaths every day.
The defendants are all good people, and courageous people. I have come to know Joe, and I can tell you that he cares deeply about protecting innocent creatures and putting an end to the mistreatment and the suffering. He is not a violent person, and he is not a criminal. And he certainly is not a terrorist.
Many animal lovers and civil libertarians believe that this is an extremely important case for a number of reasons. I have been engaged in civil rights law for more than forty years, and I am truly offended by, and worried by, this prosecution. Needless to say, it impacts the four defendants, but it also imperils the rights of all of us, as well as the lab animals who are being subjected to horrific mistreatment.
The case is complex and labor-intensive. It involves a maze of legal questions regarding the constitutionality of the statute, the validity of search warrants, potential issues regarding wiretapping, and other challenging issues, including the intricacies of the law of conspiracy (one of the two counts in the indictment). The facts of the case are also complicated, encompassing some fourteen incidents in at least three counties, and there are literally dozens of witnesses for whom we must prepare.
Because of my strong feelings about my client and about the broad impact of the case, I have agreed to represent Joe for a greatly reduced fee. But Joe and his family have no funds, and they need outside help to cover the costs of defending the case. I have never in my forty years of practice reached out beyond the family and friends of a client to ask for donations to a defense fund, but it is necessary to do so in this case. I earnestly and urgently ask that you send a tax-deductible donation to the AETA Defense Fund, c/o the National Lawyers Guild Foundation, 132 Nassau Street, Suite 922, NY, NY 10039.
I also urge you to speak about this case with any of your friends who share your concern about the rights of animals or about the right of citizens to speak out against injustice. I am, of course, aware that these are difficult times, but I hope you (and your friends) can help support this extremely important effort. It is critical that we prevail — a victory for these four defendants is a victory for all of us.
Please contact me if you have any questions or if you would like further information, I can be reached at 510-595-7766, and my email address is bbloom222@hotmail.com. I would be happy to speak with you.
We sincerely thank you for your help.
Bob Bloom
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