Freedomedia

February 6th, 2007

STATEMENT FROM JOSH WOLF 2/6/07

Posted by Insurgent in Posts from Prison

It was over six months ago that I found myself led out of a courtroom bound in handcuffs and shackles and taken to a Federal Prison in Dublin. As of today I’ve spent over 168 days in here and given Judge Alsup’s recent ruling it doesn’t seem likely that I’ll be getting out any time soon.

I never thought this would happen. I grew up being taught that the United States was the greatest country on earth. That dissent was not only permitted but encouraged, and that we had a free press that was not encumbered by government interference. This is so longer the case. One night I went to sleep in a free America, but I woke up in a police state. It’s hard to say when this transformation transpired; many would contend that it began shortly after September 11th, some would argue that it wasn’t until lies led us into the War in Iraq, and still others would say we started down this road soon after the American Revolution. I’m not sure who is right, but I do know that the process of waking up to this grim reality has been a painful one.

Many have asked me why I’ve chosen to sacrifice my personal freedom, and there are a multitude of reasons why I have taken the stance that I have. Most pressing is the fact that a free press in a democracy cannot act as an extension of the justice department. This can be summed up nicely with the words of Amy Goodman who recently stated “we’re supposed to be the fourth estate not for the State.”

If the U.S. Attorney can compel journalists to testify about what they’ve learned through their work and to force then to turn over their unpublished materials then not only will the public be unable to trust reporters but journalists themselves will become defacto deputies and investigators–a role few of us want and one I have refused to accept. This is not a new construct, it is one that dates back to the founding of our country and is one that is guaranteed under the First Amendment of our Constitution.

Thomas Jefferson once stated, “Were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate to prefer the latter,” And with these words I must wonder exactly how he’d feel about the people who took to the street on July 8th, 2005 in protest of a government they fell no longer represents then and how he’d feel about the media that covers their struggle.

The second reason compelling me to refuse to cooperate with the Grand Jury subpoena is that this whole thing is not about what the government would have you believe it to be. This case is not about a videotape, it’s not about identifying suspects of a crime and it’s not about obtaining justice. If it were, then the U.S. Attorney would not have argued against the judge reviewing my outtakes in his chambers and the U.S. Attorney would have been more receptive to the inquires my defense team made.

No, this case is not about a videotape and it’s not about justice. This entire matter is about eroding the rights of privacy and those of a free press. It is about identifying civil dissidents and using members of the news media to actively assist in what is essentially an anarchist witchhunt. This is what I have suspected from the beginning, but it has been brought closer into focus with the government’s recent response to our motion. I will not allow myself to be put in a position of outing anarchists who likely are guilty of nothing more that possessing political beliefs outside the American norm.

How many of the freedoms promised to us in the Bill of Rights are still intact? How many more liberties will be eroded away? The future is uncertain, but at present the military continues to wage war in Iraq in the name of freedom. I don’t know whether to laugh or cry at the tragic irony of it all.

The role of the media is to ask the questions, to point at those inconsistencies, and to demand answers from the powers that be. This is why the media is under attack and this is why it is so urgent that we continue to fight back. Because without a free press we can never be free.

And I’ll conclude with the word of Mario Savio that defined the Free Speech Movement some 40 years ago and still possesses a tremendous vitality today. On December 2, 1964, in the city of Berkeley, Savio stated, “There’s a time when the operation of the machine becomes so odious, makes you so sick at heart, that you can’t take part, you can’t even tacitly take part. And you’ve got to put your bodies upon the gears and upon the wheels, upon the levers, upon all the apparatus, and you’ve got to make it stop. And you’ve got to indicate to the people who run it, to the people who own it, that unless you’re free, the machine will be prevented from working at all.”

Thank you, and I look forward to returning back to San Francisco just as soon as the government comes to its senses and realizes that I will not- that I cannot be coerced.

Thanks again,

Josh Wolf

del.icio.us:STATEMENT FROM JOSH WOLF 2/6/07 digg:STATEMENT FROM JOSH WOLF 2/6/07 simpy:STATEMENT FROM JOSH WOLF 2/6/07 newsvine:STATEMENT FROM JOSH WOLF 2/6/07 blinklist:STATEMENT FROM JOSH WOLF 2/6/07 furl:STATEMENT FROM JOSH WOLF 2/6/07 reddit:STATEMENT FROM JOSH WOLF 2/6/07 fark:STATEMENT FROM JOSH WOLF 2/6/07 Y!:STATEMENT FROM JOSH WOLF 2/6/07 magnolia:STATEMENT FROM JOSH WOLF 2/6/07

89 Responses to ' STATEMENT FROM JOSH WOLF 2/6/07 '

Subscribe to comments with RSS or TrackBack to ' STATEMENT FROM JOSH WOLF 2/6/07 '.

  1. Jim said,
    on February 6th, 2007 at 7:29 pm

    You’re probably getting more sex now than you ever did before..

  2. Margit said,
    on February 6th, 2007 at 8:21 pm

    It takes people like you,Josh,to take back this country and to teach the knuckledragging,rightwing nutcases real patriotism.
    Stay strong!

  3. on February 6th, 2007 at 9:16 pm

    STATEMENT FROM JOSH WOLF 2/6/07…

    It was over six months ago that I found myself led out of a courtroom bound i……

  4. John Seal said,
    on February 6th, 2007 at 9:48 pm

    Hang in there, kid. You’re fighting the good fight.

  5. Cheryl said,
    on February 6th, 2007 at 10:47 pm

    With our MSM bought and sold by corporation, I suppose anyone doing a real journalists job…reporting truth…respresents a threat to the powers that be.

    Stay strong, Josh. I met your mother at the National Conference for Media Reform and gave the only money I had left, a $20 in my pocket, to help your cause. Hope you get out soon and get a great book deal on your story.

    Do you have any legal recourse against any of them???http://www.joshwolf.net/blog/wp-includes/images/smilies/icon_rolleyes.gif
    :roll:

  6. Nolen said,
    on February 6th, 2007 at 11:24 pm

    I found out about this on Myspace. I suppose that is the whole reason you are there, we don’t hear about the atrocities in the corporate media. Luckily there are more of us than there are of them. Hang tight, hold you own and never give in! It’s the rest of us that have a decision to make and we are out of time. I made mine today.

  7. michelle said,
    on February 7th, 2007 at 2:12 am

    Just read about your story on dailyKos. Will be blogging it, too, but it’s a little late here, so will do tomorrow (I think I have one reader, but he’ll be really interested! XD)

    Thanks for fighting the good fight. If not for people like you, this country would be in a worse place. Do you think it would help to send the judge a copy of the Constitution–clearly, that wasn’t required reading for a seat on the federal bench.

    Peace out. A whole lot of people are pulling for you.

  8. GARETH HUGHES said,
    on February 7th, 2007 at 4:17 am

    WELL DONE ! I JUST READ ABOUT YOU TODAY AND FELT I HAD TO SAY I SUPPORT YOUR CAUSE AND IDEALS.
    YOU MUST HAVE BEEN THROUGH SO MUCH INSIDE THE LAST 6 MONTHS AND TO STILL BE PROUD AND STRONG AFTER ALL THAT TIME MAKES YOU A HERO TO FREE SPEACH AND PERSONAL LIBERTY.
    I SALUTE YOUR STAND ! I LIVE IN THE UK AND JUST HOPE THAT THE US GOVEMENT COMES TO THERE SENCES AND LETS YOU GO SOON.

  9. Alejandro said,
    on February 7th, 2007 at 4:28 am

    Josh, firstly let me say that I admire you and have respect for your cause. You are truely being a patriot and trying to defend the Constitution.

    I too was briefly held in jail for my journalistic activities back in 1992. I was living in the bay area then, a freelance photographer by trade, and ‘hit the streets’ during the Rodney King riots. I was wearing a vest that identified me as press, and held press credentials. Whilst shooting an incident of police brutality on Market st, I was set upon by two officers who assaulted me, confiscated my equipment, and carted me off to jail. They charged me with ‘obstruction’ and resisting arrest!! Needless to say, I was released after a couple of days (although it was a hairy experience) and all charges were dropped.

    I returned to the UK in 1995, my country of origin, with a very bad impression of US police powers and how the constitutional rights of US citizens are being eroded and abused. I’m afraid that this continues to be the case and I’ve watched from afar as the US has slid ever closer to a totalitarian police state. Under the current administration, the use of the word ‘terrorist’ mirrors that of the word ‘communist’ during the McCarthy years.

    I wish you continued strength and courage of your convictions. Know that you are, indeed, fighting the ‘good fight’ and that there are people across the planet that applaud you, support you, and demand your immediate release. I want an invitation to your release party!!!!

    Best wishes,

    Alejandro. London

  10. Mark said,
    on February 7th, 2007 at 9:38 am

    John Wolf would be out of jail if ENOUGH people cared about what he is standing up for and went and protested where he is being held. Imagine 1 million people standing there demanding he be released. What are you waiting for?

  11. Alan Thompson said,
    on February 7th, 2007 at 9:40 am

    boo f**king hoo!! you voted for Bush. TWICE. suck it up.

    thats the thing about democracy. you always get the leaders and laws you deserve.
    Think harder before casting your votes next time. :roll:

  12. Mark Burnett said,
    on February 7th, 2007 at 9:45 am

    Who cares if another left-winger is in jail? He should tell the Judge what they want to know – they’re a JUDGE, you can TRUST THEM! God made America the country which it is, and it’s people like you who are destroying it – TRUST YOUR COUNTRY TO DO THE RIGHT THING.

    Josh, stop hiding information – it’s unpatriotic and is dismaying to those of us who truly love America. With any luck they’ll deport you.

  13. Hitmanfq said,
    on February 7th, 2007 at 9:48 am

    John, Man I have to say, You are fighting a good fight and a fight that must be fought for the freedom of all media..

    You have Been Dugg!!

  14. Lee said,
    on February 7th, 2007 at 9:48 am

    Surprise. You can’t appoint to yourself a position above the law and all other citizens. The U.S. is not a police state. You are a stubborn and willful child throwing a tantrum.

  15. eric said,
    on February 7th, 2007 at 9:49 am

    Josh,

    As a future journalist myself, sick of corporate rat race, I want to tell you that what you’re doing is right and you are an inspiration. I was at a National Guard armory recently at a send off ceremony and I saw a bumper sticker that had a red, white and blue background, the foreground being the words ‘Nuke Dissent’. You’re either for us or against us right? I don’t know what has happened in this country that we have forgotten that it’s ok to disagree and ask questions and that does not make you a terrorist.

    Josh, what you’re doing is very noble and I don’t see that you have a choice if you have a conscience.

    Sincerely,

    Eric

  16. Arica said,
    on February 7th, 2007 at 9:49 am

    All I can say is THANK YOU!

  17. Chad Simmons said,
    on February 7th, 2007 at 9:50 am

    To Josh: I am a journalist fresh out of college, hailing from one of the best schools for journalism in the country. As a professional, it scares and irks me to no end knowing that for doing the job I spent a lot of money in school learning how to do, simply for keeping the tenets of good journalism, any of us could go to jail. I support your fight, and a fight it has become.

    To Alan Thompson: It behooves you not to make broad, sweeping statements such as you made. Many an American didn’t vote for bush—such as myself— or didn’t vote at all because we were so disgusted by what we saw as a race between two rotten politicians. That’s the thing about democracy, if you can convince everyone you’re right, then you are.

  18. Samantha said,
    on February 7th, 2007 at 9:57 am

    Alan, honey, we didn’t even vote Bush in ONCE.

    Josh…what can I say? We’re pulling for you. The last few years have made me embarrassed to even live in this country. People like you make me proud again.

    Samantha

  19. on February 7th, 2007 at 9:59 am

    Stand true to your belief, convictions and self!

    Josh you are a Hero, more powerful than any person in congress or the corrupt systems of the united states.

    Your actions are the true source of freedom!

    http://www.personaltao.com/tao/freedom.htm

  20. Vitriol said,
    on February 7th, 2007 at 10:06 am

    Keep ur strength and don’t lose focus, Josh.

    Also–pay no attention to whoever tells you to trust your judges and that “God” made America anything…Otherwise, it would prove that God is just as corrupt as the government today, and that the person who made that comment needs to sublet the rock that they’ve been living under and begin to embrace reality.

  21. VD said,
    on February 7th, 2007 at 10:15 am

    To all those right-winged elitist snobs. How dare you respond to this issue with such a narrow-minded argument. Josh is caged as if he were an animal and not a human being . I agree with the comments left by the people on this site. he does deserve to be released, but honestly, too many people have become apathetic to issues because they feel they will not make a difference. This president did not win with a popular vote, it was vote fraud.

    Was it a coincidence that the deciding state for the primary election was decided in Florida, where his brother was governor?? This is such a coincidence, there is no foreign terrorism in this county, the only terrorism that we have is brought to us by the state. Do you know why it turned out to be this way? Because we Americans do not want to face the truth about reality. There is poverty and atrocities being committed around the world, and we rather sit and become entertained by the mindless garbage that is spewed by corporate commercialism and consumption. We are the good being sold to corporations.

    Mark, may your God will punish you for being unpatriotic and ignorant. May SHE bless your soul. Amen.

  22. Rachel Dawn said,
    on February 7th, 2007 at 10:16 am

    Air America Radio and Democracy Now continue to be great daily sources for American citizens to stay atop American foreign and domestic policy. Your video and words are a big eye opener for those not familiar with the dire media supression situation currently upon us and getting worse globally. WE THE PEOPLE know that God in no way shape or form created this country and WE THE PEOPLE fighting to keep up our intended FREE PRESS will continue to love this country and its capabilies through the way we protect the rights of journalists like yourself. All others will continue to miss out on life and logical debate.

  23. Rob said,
    on February 7th, 2007 at 10:20 am

    To Mark Burnett and Lee…

    Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety. -Benjamin Franklin

    Why should he give up his constitutional rights for any reason? A government should be afraid of its citizens. The people should never have to fear their government.

  24. Mitch Haase said,
    on February 7th, 2007 at 10:23 am

    Josh,

    How have you been able to keep your asshole virgin while in prison? What is pruno like?

    My greatest fear is being locked up in prison and having some homo force his hairy cock up my unlubed asshole.

    Mitch Haase

  25. K said,
    on February 7th, 2007 at 10:27 am

    This has been long enough. Let John go now, this is BS!

  26. Zach said,
    on February 7th, 2007 at 10:27 am

    It’s good that at least some people can resist our Government and its corruption. Keep on keepin’ on!

  27. Bill Foster said,
    on February 7th, 2007 at 10:35 am

    I was all set to praise you for your integrity and thank you for standing up for the things that make this country great until I looked into the real story.

    You are not a journalist and you are not protecting a source. You’re just a punk withholding evidence of an assault on a police officer to keep some of your misguided friend out of jail. To do this under the guise of media rights is an insult to true journalists.

    I hope you realize that you can do more with your life than this pathetic attempt to become a martyr. Or at least find something legitimate to standup for.

  28. Brian Gooch said,
    on February 7th, 2007 at 10:35 am

    It would have been helpful for those unfamiliar with your case to actually explain what the freaking story was that you refuse to reveal your sources. Instead, you whine about being treated unfairly and how we live in a police state. To bad I can’t judge for myself if your whining is valid or not. You aren’t a very good journalist are you? You sound like one of those journalist that have a political axe to grind instead of getting the story out. My proof? Your entire whining rant is a tad bit self-indulgent and lacking in details on the reason for your imprisonment. Too bad, you might had a valid point but you don’t make it here.

  29. Achalemoipas said,
    on February 7th, 2007 at 11:05 am

    You people do know he’s protecting people who assaulted a police officer with a metal pipe to the head don’t you? This guy is not a journalist. He’s some guy with a camera that filmed a crime and who is now protecting the people who comitted that crime. This has nothing to do with freedom of speech. This has nothing to do with protecting sources of information. This is protecting dangerous criminals who deserve to get ass-raped for the next 15 to 20 years.

  30. a said,
    on February 7th, 2007 at 11:08 am

    The government needs better methods to obtain information period, full stop. What do they hope to accomplish? Rehabilitation? Renunciation? Respect?

    “Violence is the last refuge of the incompetent.” – Isaac Asimov

  31. Ryan said,
    on February 7th, 2007 at 11:16 am

    Rock on bro, rock on. Your government has devolved into Animal Farm but hopefully with the democrats back in power you can plead your case. Maybe “THE DECIDER” will go easy on you and respect the law.

  32. Ryan said,
    on February 7th, 2007 at 11:18 am

    Hey Achalemoipas,

    You clearly don’t have any conception of what journalism is or what function it serves for society. Go back into your cave and leave the rest of us to our discussion.

  33. Matthew Harmon said,
    on February 7th, 2007 at 11:20 am

    I just spoke with the California governors office and although they had not heard anything about this, they will look into it. Not sure what it will do, but at least they have heard about it now.

    He can pardon people on death row, maybe he can get Josh Wolf released.

    Governor Schwarzenegger’s contact information can be found at: http://gov.ca.gov/site/contact-governor

    If contacting the office, please be polite and have your facts in order and emphasize the US Constitution First Amendment[0] protecting the press and the California Constitution Article I Section 2[1]:

    The person who I spoke with was interested in the issue, was receptive, and even took the time to (try to) go to this blog post, her firewall blocked – but she is going to request this IP be allowed.

    0. http://caselaw.lp.findlaw.com/data/constitution/amendment01/
    1. http://www.leginfo.ca.gov/cgi-bin/waisgate?waisdocid=8756604306+0+0+0&waisaction=retrieve
    A publisher, editor, reporter (…) shall not be adjudged in contempt by a judicial (…) body, or any other body having the power to issue subpoenas, for refusing to disclose the source of any information procured while so connected or employed for publication in a newspaper, magazine or other periodical publication, or for refusing to disclose any unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public.

  34. Anonymous said,
    on February 7th, 2007 at 11:33 am

    Good for you. It’s people like you that help protect our rights as Americans. Thank you for standing up for justice.

  35. alex said,
    on February 7th, 2007 at 11:56 am

    sorry, i am not quite sure what this case is all about. please forward detailed infos. thanks

  36. Anonymous said,
    on February 7th, 2007 at 12:00 pm

    This is so sad — this is a self-important college kid.

    He didn’t do news work — interview people, etc. He was outside and video taped a beating, WHICH HE SOLD. The beating took place OUTSIDE and IN PUBLIC. This isn’t the result of him doing any sort of “reporting” — he just happened to be outside and there.

    It is sad that real reporters who do research that need to be protected by Shield Laws are lumped in with this idiot. I hope he rots in jail until he gives up the tape.

    Pride before the fall I guess.

  37. M said,
    on February 7th, 2007 at 12:19 pm

    You aren’t a journalist, you are an activist. And I suspect this is really about your sympathy for criminal activists, in turn becoming a criminal yourself. Your story caught my interest at first, but after reading the details and more about you, I find you difficult to believe.

  38. EB said,
    on February 7th, 2007 at 12:59 pm

    It’s called civil disobedience (for those who voted for Bush, look it up), and I applaud it.

  39. on February 7th, 2007 at 1:03 pm

    [...] Today, Josh Wolf–northern California’s 2006 journalist of the year–broke the record for the longest amount of time a reporter has spent in jail protecting his sources. Journalist and professional organizations are denouncing his continued imprisonment.read more | digg story [...]

  40. g man said,
    on February 7th, 2007 at 1:13 pm

    civil disobedience is colluding with those who smack a cop upside the head? the same cop who risks his life every day so those little snots can be protected from preditors who would victimize them. yeah, thanks for standing up for my rights man.

  41. Mark said,
    on February 7th, 2007 at 1:14 pm

    Why do you Starbuck’s resisters and anti-McDonald’s freedom fighters always insist that you really, really believed in American democracy right up until yesterday, when your illusions were finally shattered? You’d have more credibility if you just came right out and said you hate the whole place, find it annoying, always have. It’s OK. You can admit it. We already know.

    Get over yourself. Being a journo doesn’t mean you can witness a crime and then refuse to tell the cops who did it. And your refusal to come to grips with this elemtary requirement of citizenship does not constitute a threat to democracy.

    You’re small. Your case is small. It has no meaning beyond your childish refusal to uphold the law.

    As far as the anarchism. Don’t worry. You’ll grow out of that.

  42. on February 7th, 2007 at 1:23 pm

    Freedom of the Press…

    At one point in time, America was the land of the free and the home of the brave. As of today, Josh Wolf has become the record holder for the longest time spent in jail for a journalist. I’ve yet to really go through and read all of the details, …

  43. Achalemoipas said,
    on February 7th, 2007 at 1:23 pm

    Hahaha, yeah ever wonder why you never see a person over thirty years of age in a Anarchist demonstration? Childish things require childish minds.

  44. Ari said,
    on February 7th, 2007 at 1:24 pm

    You’re fighting for the future of this whole globe. If world’s powerful nation fails in democracy, I am afraid of the consequences.

    When Hitler was elected, the one of the first things he attacked was free press.

    Good luck and have strenght.

  45. Achalemoipas said,
    on February 7th, 2007 at 1:53 pm

    Hitler was never elected you faux-intellectual.

  46. Mark said,
    on February 7th, 2007 at 2:03 pm

    Achalemoipas –

    Please stop troubling us with your tiresome facts and your quaint attachment to ‘reality.’ Can’t you see that we are deeply engaged in a totally awesome game of make-believe here? We’re pretending that we’re just like Jefferson, Thoreau, even Mario Savio. We’re pretending that our silly antics are matters of great historical import. You’re ruining it. Please be quiet.

  47. Michael Yardley said,
    on February 7th, 2007 at 2:06 pm

    This issue seems to be argued along party lines, however this is not an issue of politics. Protecting your source is truly a noble cause and of value in most situations, so that journalists can get information. But the fact is that the constitution does not place the rights of the press above any other person, and only protects there right to speak. There is no mention of a right to protect your source. The fact that you can write from within a prison, and have your views reach the world is a testament to the validity of our constitution. Unfortunately in this case the base of our constitution outlines the process of how situations such as yours are to be treated. Our congress was given the power to create the laws that allowed our government to request information from any individual. The executive branch enforced this law by requesting through the proper channels that you be required to disclose this information. With your refusal to do so, The judiciary branch has the power to use the means necessary within the guidelines of the constitution to encourage the giving of up of this information. All actions are well within the guidelines of the constitution and the laws of our country.
    Is it good to jail you, no. Is it the best thing for our country, no. I feel sorry you are put in this situation. But to claim that it is somehow unconstitutional or that the press has magical rights beyond every other American is a bit over reaching and is not correct. The right of every American to free speech is listed right there in article 1 next to the only mention of the press.

  48. Mark said,
    on February 7th, 2007 at 2:39 pm

    Michael Yardley –

    Well said. I’m a former journalist myself and remember at one time feeling quite strongly that their OUGHT to be a blanket shield law for journalists. But I think my position has moderated a bit since then. I still feel like there should be a strong presumption against forcing journalists to reveal sources unless there is no other way to gather the evidence necessary to try a case. When it comes to discussing politicians, the protection for journalists should probably be greater. Particularly in cases where information is given with the understanding that the source’s identity is to be kept secret, I think the journalist has a strong case. If the law is against the journalist, as it sometimes will be in specific cases, it is probably noble at least on some level for the journalist to withstand even the legitimate pressure of the law.

    However, I’m not sure that any reasonable construction of a shield law would permit a “freelance” (read: unemployed) journo/blogger to take video in a public place and then refuse to hand it over. This is for for a couple of reasons, in my mind. One, it’s in a public place. The protesters did not secure an explicit agreement from Josh to not show video of them committing crimes. This is not the same as a “Deep Throat” kind of circumstance, where the ability of journalists to tell the truth is substantially harmed by the removal of secrecy. The protesters/vandals/whatever were destroying property and attacking police in a fully public place, where they should have been aware that they could have been caught on any number of security cams, camera phones, etc. The fact that Josh happened to have the best video does not make it any more reasonable for them to do all this in plain public view and then claim they have a right to privacy or protection by the journalist. Unless he was involved in the protesters’ group itself in some way, this is spot new, in a public place — not the traditional situation where reporter’s privilege would apply. Second, as alluded to earlier, Josh’s credentials as a journalist are spotty at best. Any random schmoe who catches his friends committing crimes on his camera phone could make the same claim, as long as he maintains some sort of silly personal blog or myspace or whatever. As the distinction between ordinary citizen and journalist continues to erode and lose meaning (if it ever had any), shield laws make less and less sense.

  49. Len said,
    on February 7th, 2007 at 3:01 pm

    Let’s get a few things straight

    1. In the demo/action of July 8, 2005, the injury to the cop was not from a pipe but from a skateboard. While the guy(s) who referred to the pipe might wish to write off this correction, it is significant in that the skateboard wasn’t brought to the scene for the sake of attacking a cop while a pipe would have been. Since I didn’t witness the incident, I cannot say whether this was an act of self-defense, but I suspect it was.
    2. Josh’s tape contains no footage whatsoever of this incident nor did the grand jury mention it in their subpoena or elsewhere. Josh was not even present when that occured.
    3. There is no ongoing investigation by the City and County of San Francisco with respect to this demo nor has there been. The only relevant footage Josh has is the stranglehold a cop put on Gabe Meyers.
    4. The grand jury claimed interest in the “attempted arson” of a police car. Josh deposed that he has no footage of any such attempt and offered to screen his tape in chambers to verify that to the judge.
    5. At every demonstration in San Francisco, including this one, the police are on the scene with their own video surveillance unit equipped with DV cameras and extended monopods that allow them to shoot from well above the crowd. It is exceedingly unlikely that they do not already have multiple camera angles on everything that transpired that night.
    6. In addition to Josh’s footage there were probably close to 20 other people shooting that evening. Some of these have significant footage of the alleged “attempted arson” but the people who shot this footage were not subpoenaed, not compelled to testify, and are not now in jail.
    7. Aside from the First Amendment issues involved in this case there are major federal violations of the Ninth and Tenth Amendments. The federal government has no reasonable jurisdication in this matter. The government made the spurious claim that because the San Francisco Police Department received federal funds, some piece of the damaged police car (it had a broken taillight bezel) represented damaged federal property. Although that’s laughable in itself (was there even a dollar’s damage when apportioned out?), the reality is that this was a lie. San Francisco PD did not spend a single penny of Federal money on equipment. So you have a situation here where the only crimes that were committed were state and local, no ongoing investigation into any of these, and the feds attempting to inject themselves into a local matter based on a flimsy premise that turns out to be a lie.
    8. So what is this really about? Anyone familiar with the Animal Enterprise Terrorism Act which criminalizes any action, peaceable or not, including any informational campaign, that results in a loss of $10,000 or more to an “animal enterprise’s” business, should recognize the drift. Josh is really being asked to out a bunch of high school kids (most under 18 with some as young as 13) as domestic terrorists. This isn’t about the tape nor about general testimony relating to the incident. The papers filed by Martin Garbus for Josh and the federal attorney Finnegan both spell that out quite clearly (see the legal tab at http://joshwolf.net/freejosh for these documents) and agree on this point. It is instead about the one thing that Josh had which neither the police surveillance squad nor the other video journalists did: access to these kids, their statements, and their identities. I personally find it extraordinarily ironic that the government of the United States should feel threatened by a handful of high school kids.
  50. Mark said,
    on February 7th, 2007 at 3:15 pm

    LEN SAID: “It is exceedingly unlikely that they do not already have multiple camera angles on everything that transpired that night.
    In addition to Josh’s footage there were probably close to 20 other people shooting that evening. Some of these have significant footage of the alleged “attempted arson””

    Kudos for honesty, Len. With all this video around, how does Josh have the remotest claim to protection under a journalist shield law?? Such laws are designed to protect the public’s right to know. When the crimes were committed in a public place, with cameras all around, Josh’s claim to be protecting the anonymity of sources gets more and more ludicrous. The public’s right to know is not substantially affected either way.

    Word of advice to Len and any non-threatening teens who may be reading: don’t burn cop cars in a public place, where there are likely “20 other people” with video cameras, unless you’re willing to stand up and be held accountable for your actions.

  51. Jeff Booth said,
    on February 7th, 2007 at 4:44 pm

    Josh thank you for being a *REAL* American hero and having the wits to see what is happening and the courage to stand up for what is right.

  52. Steve said,
    on February 7th, 2007 at 4:53 pm

    Journalist? Give me a break. You’re a self-important blowhard with a camera. You filmed a public place where crime occurred. The cops want the tape to find the bad guys. For all of you that think this guy is somehow protecting our rights, use this wonderful tool we call the Internet to discover the truth. Get some facts and be empowered.

  53. vijay said,
    on February 7th, 2007 at 5:19 pm

    I think you are fighting for a right cause. Now, I am not sure about journalism laws in India. Here in India, the government takes several examples from US/UK, and implements the same on Indian press. Hope things won’t go bad (for the press and freedom) here in India.

  54. T Strichter said,
    on February 7th, 2007 at 5:56 pm

    Josh,

    Thank you for standing up for what you believe in. You’re a wonderful human being and inspire us all!

  55. JJohnson said,
    on February 7th, 2007 at 5:57 pm

    Josh, if you were a journalist, and you filmed a news story…if it was for the public, then the police would have it automatically, right? Instead, you filmed a “snuff” movie of someone destroying property and attacking a police officer. You didn’t release it to the public. Therefore, you are not a journalist, because it was never in your interest to inform the public. Thanks for nothing, and have fun in jail, you bastard.

  56. Gunnar said,
    on February 7th, 2007 at 6:11 pm

    I keep you in my evening prayers.

  57. 50Cal said,
    on February 7th, 2007 at 6:45 pm

    Josh,

    Don’t let the neo-nazi bastards get you down, however, you might want to reconsider. While you are in jail these nazis have nothing to fear from you. If you are out there taking pictures of them, documenting their behaviour they have something to fear. Do some investigating, such as, who they are, who they associate/work with, who donates money to their cause, what they do to those that are freedom minded, what specific things they do that would be considered “crimes against humanity”. Don’t laugh. It is surprising what a nazi will brazenly do when he thinks he is above the law. Just look at some of the comments you have already received from them…

    I understand your principled stance, but there is no sense in getting cut down now for not much. There will be plenty of crap coming down the pipe that you should be preparing to cover, such as mass arrests, torture, zelots (some of whom have already commented above) informing on others. I’m pretty sure you will have all kinds of chances to show that you are a patriot, plus, when the shit really hits the fan and these nazis in power now get to stand trial you can whip out the video… They will get a long drop at the end of a short rope, all thanks to you. Think about it.

  58. adfad said,
    on February 7th, 2007 at 7:52 pm

    Rot :razz: in jail. See that the great thing about America, if you get a SUBPOENA you must comply. Dumb ass.

  59. Erik said,
    on February 7th, 2007 at 8:09 pm

    Josh,

    You and your Infoshop/riseup/indybay, bandanna bloc kids aren’t fooling anyone. This has less to do with any actual crime or grievance being committed and more so to do with your 15minutes of fame, book deal, and teen-angst martyrdom. Get over yourself. If your mother truly knew what you kids do, she wouldn’t be protecting your sorry ass.

  60. gman said,
    on February 7th, 2007 at 8:25 pm

    josh, you poor tool. stay in jail. fight the “good fight” for all your buddies here egging you on with thier words, and for the few that are willing to give up thier pocket change for your legal defense. live the revolution man! this is what it takes to be a martyr for your cause. lucky you live in america instead of one of the leftwing utopias you envy, where the workers are in charge of the details, right?

  61. MidWesterner said,
    on February 7th, 2007 at 9:26 pm

    This Mark guy is either obsessed or on the pay roll…pretty pathetic either way.

  62. MidWesterner said,
    on February 7th, 2007 at 9:29 pm

    Oh, by the way josh, although I am sure it is far from your mind, don’t pay any attention to the pathetic kids in their parents basement writing angry messages on a blog to someone they don’t even know. What a way to live it must be. At night and lonely and averting their eyes from mirrors to not see their reptile face. Sad.

  63. genet said,
    on February 7th, 2007 at 9:32 pm

    Josh,

    Hold your head, hit that commisary up /be easy/etc/etc. You will get out one of these days don’t worry, be calm, maybe sooner than you think. Get with Books Behind Bars if you need some free books. Real people miss & love you.

  64. Jen said,
    on February 8th, 2007 at 1:41 am

    Great post Len!

    Josh, as unfortunate as it is there are too many people out there that still believe that Big Brother is your friend.
    You ARE fighting the good fight.
    Screw the people who submit to unfair requests from State, they’ll be the first to switch sides when the shit hits the fan.
    We have you in our thoughts!!

  65. Shine said,
    on February 8th, 2007 at 1:48 am

    See this…. Looks Awesome…http://enginepuller.com/

  66. on February 8th, 2007 at 2:00 am

    I left this comment on the previous entry but one of the questions was answered already here. So the idea is to identify the protesters. If that is the case why don’t they just use their own videos? I have never been to any demonstration that did not have FBI and Mossad operatives taking pictures and videos of the event.

    If you have not seen Terror Storm by Alex Jones then you are really missing something. It is a must see for anyone who thinks the government cares about you. The website is http://www.infowars.com

    Peace be unto you,

    I have two questions:

    What do you think the government is looking for in the unpublished videos or pictures?

    If Josh is Jewish, what is the Jewish community doing to assist in his release?

    Please post your answers in this comment section. Thanks.

  67. Maddog said,
    on February 8th, 2007 at 6:15 am

    To Achalemoipas,
    You said,
    on February 7th, 2007 at 1:53 pm

    “Hitler was never elected you faux-intellectual.”

    I beg to differ with you. Between the end of WWI and 1933, Germany had a democratic government they called the Weimar Republic. This government was never popular with Germans disgruntled from the results of the war and especially frustrated proponents of the Kaiser as well as many others. However, Hitler and his National Socialist German Workers Party did get elected to the Parliament in 1933, but only with a percentage of less than 5% of the popular vote. It wasn’t until Hitler got help from like-thinking industrialist and royalists within the parliament that he was “elected” to become chancellor. From then on he used deceit of the masses (through propaganda), influence (through money provided by the industrialists) and terror (most evident in the Reich’s Pogrom Night on November 7, 1938, when synagogues, Jewish shops and anything else Jewish were destroyed all over Germany) to promote the Nazi agenda.
    So Achalemoipas, who is the faux-intellectual?

  68. on February 8th, 2007 at 6:21 am

    [...] Statement From Josh Wolf 2/6/07 [...]

  69. John Carney said,
    on February 8th, 2007 at 6:51 am

    There are no absolute rights. Free speech, argueably our most precicious, can be abrogated if a judge feels that speech can unfairly influence a person getting a fail trial. In the same way, freedom of the press demands that journalists be able to protect their sources. They do not have to reveal those sources if a prosecutor or a police investigator asks them too. A journalist can argue that the loss of press freedom is more important than the needs of the government. However, in our system of laws, when a judge rules that the needs of the government are greater than the dimunition of press freedom, the discussion is over (absent appeals), and the the journalist must comply. The right is not absolute.

  70. Todd R. Hawkins said,
    on February 8th, 2007 at 10:10 am

    How do I explain the actions of our current administration to my children? Apparently a lack of integrity, morals and ethics is acceptable. We need to decide if our current path is the one we want to follow. I for one, would like to proudly state that I am an American, at this time, that is not possible. Police, Politicians and yes journalists need to realize that they have clouded the boundaries and let us all down. Who do our children look up to? Taking a stand is admirable, it shows strength and principle, but living by principles shows strength of character. Josh, is your stand sincere or a calculated investment in your journalist future?

  71. Mark said,
    on February 8th, 2007 at 10:19 am

    “MidWesterner said,
    on February 7th, 2007 at 9:26 pm
    This Mark guy is either obsessed or on the pay roll…pretty pathetic either way.”

    True, MidWesterner. I actually am on the payroll of the Starbuck’s/McDonald’s/Neocon/SFPD conglomerate. They’ve got all of us working overtime to try to stamp out democracy, starting with the most obvious place: Josh Wolf. I don’t like working overtime (I prefer to outsource the really tough stuff to third world children), but hey, Josh Wolf is the focal point of democracy in the modern world, and something must be done!

  72. Josh said,
    on February 8th, 2007 at 10:44 am

    Follow your heart… And only you can do that…

  73. Jen said,
    on February 9th, 2007 at 1:37 am

    :roll:

  74. on February 9th, 2007 at 8:59 am

    [...] Wolf’s supporters have been helping him maintain his blog — titled, The Revolution Will Be Televised — during his incarceration and a few days ago they posted a note from him, doubtless written in advance, in long-hand and on paper and mailed to someone who typed it an put it online. In that note Wolf writes: [...]

  75. Ben Katz said,
    on February 10th, 2007 at 10:25 am

    You have to wonder about a so-called “journalist” anarchist who claims to be violating the law because of some imaginary “Constitutional” rights to refuse to cooperate with a Grand Jury.

    No one else sees the irony in an anarchist looking to supposed government protections for support?

  76. Arne said,
    on February 11th, 2007 at 3:33 pm

    Stay strong, the world is watching and happy to see that not all Americans support “their” state blindly.
    Greetings from Amsterdam

  77. Daniel said,
    on February 12th, 2007 at 12:22 am

    Good thing is – people in prison have a VERY low chance of impregnating anybody. I’m glad you’re in there, it’s protecting the gene pool of our future from self-important blowhards who never really made it so pretended that they had.

  78. Len said,
    on February 12th, 2007 at 1:41 pm

    For Palestine Eternal

    [If the police have full coverage from their own surveillance]why don’t they just use their own videos?…What do you think the government is looking for in the unpublished videos or pictures?

    Because this isn’t about investigating a crime or getting evidence on it. It’s about identifying kids so that they can build a case against a fictitious organization called the “Black Block”. I believe the grand jury wants to screen the tape in Josh’s presence and then ask him to identify various people depicted on it including names, phone numbers, etc. They believe Josh knows these kids and can provide that information.

    If Josh is Jewish, what is the Jewish community doing to assist in his release?

    I don’t know. Is Josh Jewish? His grandmother’s mother was put in a camp during the Holocaust, as I remember. But his grandmother was a unitarian in terms of religion, not Jewish. His Mom doesn’t follow Judaism nor does Josh. His Mom was a Buddhist and is now a Christian. Josh has been a Christian and resonates somewhat with Buddhism. I can’t say what, if any, religion he holds now. As I understand, had his grandmother, his mother, and himself remained within Judaism, he would be considered Jewish by the state of Israel and he would be eligible for immigration and automatic citizenship. Had they also simply stopped practicing their religion or become atheists, it would have been the same thing. Adopting another religion voids that, as I understand it. I’m Josh’s Dad and I’m not Jewish, but that makes no difference whatsoever, since this is determined by who your mother is.

    I don’t know of any particular support for Josh coming from the Jewish community because he is Jewish, but I don’t know everything that’s going on. I hesitate to speak for Josh, and this is my guess, not his position, but I doubt that he identifies as Jewish in any other sense than some of his ancestors were.

  79. Horkenschwitler Bargmillitonson said,
    on February 13th, 2007 at 10:06 am

    I think there are many people who have responded to this that do not fully understand what is going on here. I will start with a few of the basics, and move on to the issues.
    In the beginning, God created man. Man then created Government. Government destroyed God. Government has attempted to become god.
    “We the People” is not just a phrase, it is a whole statement; a statement with an undeniable meaning of power and authority. We, the people of this planet, more specifically, this country are the ultimate authority. Our government exists for one purpose and one purpose only; it is an extension, a group of delegates, of the power and authority of the people. The government is supposed to act in the best interest of the people that it represents.
    In this day, my view is considered an idealistic or unrealistic view of government.
    Each of us, each individual is a Sovereign Entity. We are the beginning and the end of the law within our country. To this end, we realized that we cannot all be a country to ourselves, so we enlisted representatives to gather and create a grouping of laws, rules, regulations, policies, codes, and guidelines that everyone could agree upon. Then we gave them power to enforce these laws, rules, regulations, policies, codes, and guidelines upon the population.
    It is important to note here that the government didn’t spring out of nothing and take over. The government is a tool designed and created for the express purpose of maintaining peace, of maintaining commerce and friendly political relations between the several states. Each state is a grouping of citizens, cities, and counties. Each state is essentially its own country, with a constitution and a government. The Union, or this United conglomeration of states is an agreement between the states to maintain a bond of unity.
    The only way this might be achieved is via a united government. When you start at the basic unit, and build it up, it makes sense:
    *The Individual with all the rights inherent in creation and free will.
    *The Community, a grouping of like minded individuals, or individuals with wants and needs in common.
    *The State, a grouping of smaller communities, communities that are working in tandem for the benefit of the whole.
    *The Union, a grouping of states – also working in tandem for the benefit of the whole
    The only item in this list that has RIGHTS and PRIVILEGES is the INDIVIDUAL. All other items in this list have powers and authorities that are delegated or derived from the individual.
    “State’s Rights” is a misnomer. It is actually the act that allows citizens of a state to NOT LOOSE their rights to the federal government. It isn’t a right the state can exercise, but it is a right that the state can RESERVE to the citizens.
    Since some time in the 1940’s we have been loosing our government, or control of our government. This government today is the result of years of loosing a little control each year over the years. The government now controls itself without thought or concern for the people that it once represented. It is a group of people who are nothing more than a bunch of “professionals”, and our system of government wasn’t intended to be run by “them”, but by “we the people”…
    People in politics are rich. There is no room in government for the poor. Because of this, there are MILLIONS of Citizens that will be unrepresented or under represented in the current government. Roosevelt called this a Plutocracy, or a rule of the rich. Our government has been overrun by special interest groups, which are also not a representation of the people, but a representation of some minority faction. The Rich get Richer…
    The PUBLIC SERVANTS have now become the MASTERS by writing their own ticket. They give themselves raises…but they are rich, they don’t need the income, but it isn’t the money, it is the principal of it…
    While they get paid in the 100-200K range, the AVERAGE American is making 40K. Instead of the public servants abiding by the same rules we, the masters, are bound to, they give themselves special treatments…they have their own retirement plans which make my 401K look like a my daughter’s penny filled piggy bank. They have their own medicare(ish) program…etc.
    So the Rich continue to get even richer…
    Since when did any servant get better pay and better benefits than their master?
    So, here is the current situation we find ourselves. A government not bound by the will of the people, a government that can exist for its own sake, not for the benefit of the citizens and states of the Union it was formed to protect.
    Along come people like Josh. People who believe in their freedoms, people who believe in their sovereignty…only, the government doesn’t see it that way…currently we are subjects, not sovereign citizens.
    Instead of “innocent until proven guilty”, instead of providing compelling reasons and sound law, they simply say, “give us what we want, or pay the price”. Only, this isn’t how the system was designed, this isn’t the purpose of the system…
    The Justice system wasn’t intended to be a political tool, nor was it intended to be used against a citizen that has not transgressed the common law or violated another’s sovereign rights.
    If the government wants what Josh has, they have to provide compelling proof of its need, of the rights of the people to have what Josh has…they would have to prove that Josh is violating some law or the rights of some citizens. But, again, my views are considered idealistic…
    Instead of this, the government can now hold people indefinitely as “suspected” terrorists; no proof, no trial, no defense…
    The government can withhold evidence; no way to defend yourself…
    The government can deny liability and culpability; immunity from prosecution for violation of a sovereign citizen’s rights…
    Over-criminalization is the order of the day. If we can be prosecuted for the government’s failure to do it’s job, and negative proof can be used to send innocent people to jail, and secret courts and secret evidence is enough to lock someone up, and requiring citizens to prove their own innocence…if these can come to be, and they have, how are we to remain free?
    The answer is, we aren’t free. Freedom in this country is an illusion. People believe they are free only because they aren’t in jail (yet). People believe they are free only because someone hasn’t told them they are really some kind of slave. Working to pay taxes to make the rich in the government even richer…working for corporate America who is getting rich on the backs of the laborer, while the common man struggles to make ends meet. No more is the day of paying a fair price for a product of service…we must pay what the price is, or suffer without. Look at the CEO of Microsoft, Enron, Exxon, and many other corporations, the scandals of ripping off our retirement and getting unreasonable pay and pay increases.
    Guess what, America…we are all slaves. Slaves to a system that we have let get out of control. We are victims of our own complacency.
    So, Josh, when the Government provides sound reasoning, based on precedent, based on constitutional law, for you to turn over your materials, I would suggest you do so. Until then, hold on. As a sovereign citizen, you have the right to your property, your privacy, and your free speech. (c)

  80. Dan said,
    on February 28th, 2007 at 3:14 am

    The founding fathers of this great country would have been called criminal activists and terrorists. They would have railed against leaders who pretend to believe in freedom, but destroy it every chance they get.

  81. on May 4th, 2007 at 12:05 am

    ultracet.ioinfoblogs.org 8 9…

    Hi! http://employment-agreement.ioinfoblogs.org/ . Thanks!…

  82. gold-hyip said,
    on May 14th, 2007 at 10:53 am

    gold-hyip.vel4.com is an investment system designed specifically for online investors. To make it easier for you and to reduce administrative expenses, we use the so-called e-currencies (also referred to as digital currencies or electronic payment systems) in our operations.

  83. Žϵͳ said,
    on May 31st, 2007 at 3:57 pm

    http://www.ruifan.net

  84. on May 14th, 2008 at 2:47 pm

    [...] [...]

  85. Anonymous said,
    on August 14th, 2008 at 6:37 am

    Cool, I didn’t know that Mario Savio quote. It reminds me of a Henry David Thoreau quote:

    “But when the friction comes to have its machine, and oppression and robbery are organized, I say, let us not have such a machine any longer. In other words, when a sixth of the population of a nation which has undertaken to be the refuge of liberty are slaves, and a whole country is unjustly overrun and conquered by a foreign army, and subjected to military law, I think that it is not too soon for honest men to rebel and revolutionize. What makes this duty the more urgent is the fact that the country so overrun is not our own, but ours is the invading army.”

  86. SBedard said,
    on August 23rd, 2008 at 12:23 pm

    I commend you on standing up for what you believe in and standing up for your rights against those who seek to control us. I am sorry you must endure that jail and all that must happen on a daily basis.Jails are for criminals.
    Hold your head high and be strong!!May god protect you and quickly take you out of that place!!

  87. AGE said,
    on May 4th, 2010 at 7:24 pm

    Yet with a stubborn, delusional G W Bush holding iPhone Transfer
    Blu-ray ripper for Mac us all hostage and the stale”mated” Congress afraid of voting in a moral manner because

  88. on July 30th, 2010 at 7:58 pm

    [...] http://www.joshwolf.net/blog/?p=302 [...]

  89. on August 5th, 2010 at 8:14 pm

    [...] http://www.joshwolf.net/blog/?p=302 [...]

Leave a reply

:mrgreen: :neutral: :twisted: :shock: :smile: :???: :cool: :evil: :grin: :oops: :razz: :roll: :wink: :cry: :eek: :lol: :mad: :sad:

Bad Behavior has blocked 1035 access attempts in the last 7 days.