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can compel journalists to testify about what they’ve learned through their work and to force then to turn over their unpublished materials then not only will the public be unable to trust reporters but journalists themselves will become defacto deputies and investigators–a role few of us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exactly how he’d feel about the people who took to the street on July 8th, 2005 in protest of a government they fell no longer represents then and how he’d feel about the media that covers their struggle.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

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July 18th, 2006

SF Resolution sponsored by Ross Mirkarimi and Chris Daly

Posted by Insurgent in Uncategorized

File No: (Pending)
Resolution No: (Pending)
Presented to SF BOS on July 18,2006

Resolution resisting the federal government’s intervention in the City and County of San Francisco’s investigation of the July 8th, 2005 G-8 protest and expressing support for the California Shield Law

WHEREAS, The City and County of San Francisco and its residents are governed under the California State Constitution and other state laws; and

WHEREAS, The California Constitution under the California Evidence Code 1070 establishes protections for news-gatherers under the California Shield Law; and

WHEREAS, The California Court of Appeals recently ruled that the California Shield Law “is intended to protect the gathering and dissemination of news,” and that the law protects Internet “bloggers” and other new forms of journalism just as it does traditional journalists; and,

WHEREAS, A federal grand jury is investigating the events that occurred at a July 8th, 2005 protest of the G-8 Summit in Scotland, and the stated subject of the investigation is the alleged vandalism of a San Francisco Police Department patrol vehicle; and

WHEREAS, The United States Government asserts that this case is under federal jurisdiction because the patrol vehicle is paid for out of San Francisco’s general fund, and the City and County receive money from the federal government; and

WHEREAS, This attempt to circumvent the local judicial system stands to damage the efficacy of the California Shield Law and the California State Constitution; and

WHEREAS, There is an ongoing local investigation in the matters of the July 8th demonstration; and

WHEREAS, Josh Wolf, an independent journalist in the City and County of San Francisco, and therein protected by the California Shield Law, has been subpoenaed to testify before the Federal Grand Jury and to furnish his unedited footage for the jury; and

WHEREAS, Josh Wolf was reporting on protected First Amendment activities on the night of July 8th, 2005; and

WHEREAS, The US Government has a recent and extensive history of overstepping its limitations in its efforts to investigate political protest; now, therefore be it

RESOLVED, That the Board of Supervisors of the City and County of San Francisco oppose these attempts by the federal government and the federal grand jury to intervene in this matter that is within the jurisdiction of the City and County of San Francisco; and, be it further

RESOLVED, The Board of Supervisors urges the federal government and the federal grand jury to respect the protection of journalists afforded under the California Shield Law; and, be it further

RESOLVED, The City and County of San Francisco reinforces the need for a free press as stipulated in the First Amendment of the US Constitution and is deeply concerned that this attempt to erode the protections afforded to journalists under state law can not only have a chilling effect, but stands to potentially erode the trust relationship between journalists and their contacts and is essential to journalistic practices.

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July 17th, 2006

Grand Jury Resource Page

Posted by Insurgent in Uncategorized

My case has been contintued until August 1st. Please visit the Josh Wolf legal-support Wiki

Please consider making a donation to my legal fund so that I can help raise the money necessary to insure that I am able to cover the expenses I am incurring as a result of this case. Any support you can possibly provide in any form possible means a lot to me. Thank you all.

Great News!: City Resolution in Support of my case
submitted by the Supervisor Ross Mirkarimi and Tom Ammiano’s Offices.

Press Releases Related to the Case:

Articles From the Established Media

  • SF Bay Guardian (July 26, 2006): A Reporter in Wolf’s Clothing
  • KPFA (July 21, 2006): Independent Journalist Josh Wolf Resists Grand Jury (Mp3)
  • SF Chronicle (July 21, 2006): Judge gives protest videographer reprieve
  • San Francisco Sentinel (July 21, 2006): Contempt of court hearing for freelance journalist continued.
  • The Mercury News (July 20, 2006): Herhold: Film of protest puts maker in legal jeopardy.
  • The Huffington Post (July 20, 2006): Prosecutors Flout California Shield Law; Seek to Jail Reporter in Federal Court
  • SF Chronicle (July 18, 2006): Contempt case over rally video
  • SF Chronicle (June 16, 2006): Journalist not forced to give up video
  • SF Sentinel (June 16, 2006): San Francisco reporter asserts rights to remain silent before federal grand jury
  • SF Weekly (April 19, 2006): Should Journalist Josh Wolf Be Afraid?

Media Related to the Case

Court Documents Pertaining to the Case

Feel free to contact me if you have any questions about my case. Mail (at) Joshwolf.net

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July 16th, 2006

Gabe Meyers Speaks about July 8th, 2005

Posted by Insurgent in Uncategorized
Gabriel Meyers is one of three people that were charged at the protest that occured on July 8th, 2005. This interview with Gabe was posted to Indybay earlier today by Bill Carpenter.
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July 12th, 2006

Josh Wolf’s Grand Jury Resource Page

Posted by Insurgent in Uncategorized

*Update* At this point in time I have a civil contempt hearing on July 20th! If you are able to come out to show your support it would be much appreciated! Feel free to contact me if you have any questions about my case. Mail (at) Joshwolf.net

Daisuke posted on Digg asking where to begin reading about my case. This blog entry serves as a good overview, but doesn’t contain the most recent information.

Press Releases Related to the Case:

Articles From the Established Media

  • SF Chronicle (June 16, 2006): Journalist not forced to give up video
  • SF Sentinel (June 16, 2006): San Francisco reporter asserts rights to remain silent before federal grand jury
  • SF Weekly (April 19, 2006): Should Journalist Josh Wolf Be Afraid?

Media Related to the Case

July 8, 2005 
Published Video of the July 8th Protest


Court Documents Pertaining to the Case

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June 14th, 2006

Grand Jury Update (Please Repost)

Posted by Insurgent in Uncategorized

In February of this year I was served with a subpoena to appear in front of a federal grand jury regarding a protest that I shot in the city of San Francisco on July 8th of 2005. I’ve since exhausted all possible means to quash that subpoena and was served a final subpoena on Monday afternoon [June 12th] ordering me to appear this Thursday, June 15th. I have been compiling all associated documents related to this case at the grand jury resource page.

The case is somewhat complicated, but essentially, I have been ordered to turn over the unpublished video footage of the protest and to submit to examination by the federal grand jury; I feel that this is an attempt to trump the protections afforded to me by the State of California under the state shield law. The assistant US Attorney has asserted that the federal government has jurisdiction in the case because of the vandalism of an SFPD patrol vehicle. The US argues that as the city of San Francisco receives money from the federal government, a portion of the vehicle is, in essence, federal property and thus a federal crime may have occurred. Not only does this logic seem silly, but if unchallenged, will have a deleterious effect on the state protections afforded to many journalists both independent and those that are part of the established media. Just as the police vehicle has some vague monetary connection to the interests of the federal government, so to does any public space including the public roads and sidewalks. In fact, it is my opinion that if this interpretation stands, it has the potential to eviscerate all state protections afforded to journalists and could conceivably have such a dramatic chilling effect on both journalists and their subjects as to effectively kill politically contentious journalism in America. Sure, that’s probably a bit dramatic, but from my perspective this is pretty serious, and I’m curious as to whether there is anyone you know who might be willing to shed light on this story.

It goes against my journalistic ethics to provide the footage to the government, and I have every reason to believe that if I were to comply at that level, I would then be asked to identify various activists that I may or may not know on my video and it goes against every moral fiber in my body to sit back and out people for their political beliefs; I have a decent sense of history and I remember that it was not that long ago that Senator Mc Carthy was holding HUAC meetings and inquiring from scores of people who they knew that might be Communist, and it is for this reason that I need to have all of the information pursuant to my case available to me and have had ample opportunity to discuss and assess all options available with my legal counsel before making any decisions in regards to how I will proceed.

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March 29th, 2006

Another Update on the Grand Jury

Posted by Insurgent in Uncategorized

Videoblog coming later tonight: Stay tuned… until then, here’s our press release. Wish me luck guys!

For Immediate Release
March 30, 2006

Lawyers Group Attempts To Halt Federal Grand Jury
Contact Carlos Villarreal at 415-285-5067 x 10 or Jose Luis Fuentes at 510-839-1200 x 207

The National Lawyers Guild and attorneys with Oakland-based Siegel & Yee have filed a motion to quash a federal grand jury convened earlier this year. A press conference will take place at 9 a.m. on the steps of the San Francisco Federal Building (450 Golden Gate) to be followed by the hearing on the matter at 10 a.m. in Federal District Court. The Grand Jury has attempted to subpoena an independent journalist’s videotape of a Mission District protest that occurred on July 8th of 2005.

The motion, filed in response to the grand jury, states that the subpoena should be quashed because the target, independent journalist and educator Josh Wolf, is a member of the media and because the federal government is abusing its grand jury powers to benefit a local San Francisco Police Department (SFPD) investigation.

Records revealed in the motion to quash show that the SFPD, led by Inspector Lea W. Militello, solicited the help of the FBI, and that FBI Agent Scott A. Merriam agreed that his agency would be “assisting.”

“There are already criminal investigations and prosecutions in state court arising from last summer’s protest and there are no charges pending relating to federal crimes,” said Attorney Jose Luis Fuentes. “The federal government appears to be using the broad powers of a grand jury to gather information for the SFPD in violation of the Federal Rules of Criminal Procedure. This grand jury has nothing to do with legitimate, federal, criminal investigations.”

The July 8th protest was in response to the G-8 Summit held in Scotland that spurred protests across the globe. A handful of activists were arrested and later charged with minor offenses. The protest garnered media attention at the time because a San Francisco Police Officer was injured on the scene, though no one was ever charged with assaulting that Officer.

Information compiled by the Grand Jury Resistance Project (GJRP), a coalition which provides support and education on politically motivated attacks by government, shows that grand juries are currently being used against environmental and animal rights activists, as well as groups that have historically struggled for self-determination, like the Black Panther Party, frequently based on information from years, and in some cases decades, ago. GJRP reports that in the past year, at least 54 individuals have been subpoenaed and/or indicted in Denver, Eugene, Sacramento, San Francisco, San Diego, Tampa, FL, and Trenton, NJ.

“We believe that there is a political agenda at play here and we are concerned first that the FBI is involved, again, in such matters, and second that the San Francisco Police Department may be working with them,” said Carlos Villarreal, Executive Director of the National Lawyers Guild San Francisco Bay Area chapter.

Mr. Wolf and his attorneys will be commenting at the press conference Thursday morning. The motion to quash and other information can be found at http://joshwolf.net/grandjury/ or www.nlgsf.org.

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July 11th, 2005

All Empires Must Fall

Posted by Insurgent in My Videos, Uncategorized

All Empires Must Fall
Originally uploaded by Insurgent.

Update:Anarchist Action has released a communique regarding the event documented in this video.

The difference between an anarchist approach to organizing a march and typical authoritarian leftist and liberal methods is that the latter seeks to control the actions of the participants, often squashing attempts at direct action. Authoritarian leftist and liberal groups favor routine, symbolic protests and beg for reforms from the ruling class. This does little in terms of actual resistance to the war or to whatever social condition is being opposed. An anarchist approach rejects all forms of authority and therefore does not set protest laws or try to keep people within boundaries- we believe in freedom and when we take to the streets that is the atmosphere we want. Anarchist Action does not coordinate, plan or participate in direct action, economic sabotage, or any other similar actions, we simply organize a protest space in which people may autonomously enact a diversity oftactics, and express their resistance in whatever way they choose.

This is a first-person account of the protest that occured in San Francisco on the evening of July 8th, 2005. This protest recieved an exceptional amount of attention due to the injury of a police officer during a scuffle towards the end of the protest. This video makes use of all natural sound.

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