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My name is Thomas George Jackson.
In
our defense, we attempted to show that under New Hampshire, United States,
and International law, we were licensed and privileged to take the actions
we took, at least until we had sufficient answers to our questions which
had been faxed to the Senator, or until the Senator spoke out against
the war resolution; and we would have shown, had we been allowed to do
so, that due to violations of law by the United States through its threats
of attack on Iraq, as well as the likelihood of massive civilian casualties
in the event of an attack, that in fact it was necessary for us to trespass,
we had the right to do so, and we were required to do so.
The
15 questions we faxed to Mr. Gregg¹s office in Washington reflect at least
a basic understanding on my part of the fact that the Bush administration¹s
plans for an attack on Iraq were not only dangerous, but also violations
of various laws.
Despite
what George W. Bush and Judd Gregg may believe, International agreements
are, under the US Constitution, the supreme law of the land.
Article
VI of the US Constitution states that: "This Constitution, and the Laws
of the United States which shall be made in Pursuance thereof; and all
Treaties made, or which shall be made, under the Authority of the United
States, shall be the supreme Law of the Land;"
On
October 8, 2002, the United States was already acting in violation of
Article 2 of the UN Charter which states:
"All
Members shall refrain in their international relations from the threat
or use of force against the territorial integrity or political independence
of any state, or in any other manner inconsistent with the Purposes of
the United Nations."
I
was fully aware of the text I just read, when I chose to do the sit-in
at the Senator¹s office, and I believed at that time that the US was in
violation of the UN Charter, which I further believed was the supreme
law of the land.
Article
2 also states that "All Members shall settle their international disputes
by peaceful means in such a manner that international peace and security,
and justice, are not endangered." It was my belief on October 8, 2002
that even before the attack took place, the level of threat, violence,
hubris and jingoism which the Bush administration exhibited was such that
these laws had already been violated. I also believed that if the administration
was allowed to carry their threats out, that Article 2 would be violated.
In
addition to these violations, I was aware that the threatened war of aggression
would violate the Principles of Article 33 of the UN Charter, the Geneva
Convention, and the Nuremberg Charter.
Article
33 states "The parties to any dispute, the continuance of which is likely
to endanger the maintenance of international peace and security, shall,
first of all, seek a solution by negotiation, enquiry, mediation, conciliation,
arbitration, judicial settlement, resort to regional agencies or arrangements,
or other peaceful means of their own choice. The Security Council shall,
when it deems necessary, call upon the parties to settle their dispute
by such means."
Furthermore,
in the threatened invasion, civilian casualties are a completely foreseeable
result of the massive bombardment of an urban area, and such a plan was
expressed by members of our government. The result of those plans are
violations of Protocol I to the Geneva Conventions, Article 51, Sections
4 (b) and (c) and 5 (a) and (b).
As
of October 8, 2002, the US government was already in violation of another
codified (under United Nations General Assembly Resolution 177 (II)) international
law which stemmed from the Nuremberg Charter. Principle VI of the Nuremberg
Charter states:
"The
crimes hereinafter set out are punishable as crimes under; international
law: a.Crimes against peace:
i.Planning, preparation, initiation or waging of a war of aggression
or a war in violation of international treaties, agreements or assurances;
ii.Participation in a common plan or conspiracy for the accomplishment
of any of the acts mentioned under (i)."
As
a responsible citizen of the United States, I felt it my duty to take
any and every nonviolent action possible to prevent my representatives
from committing war crimes. Committing a war crime is a federal felony
under U.S. Code Title 18, Part I, Chapter 118.
In
1946, the Nuremberg Tribunal rejected German arguments of the "necessity''
for pre-emptive attacks against its neighbours. "To initiate a war of
aggression,'' said the tribunal's judgment, "is not only an international
crime; it is the supreme international crime differing only from other
war crimes in that it contains within itself the accumulated evil of the
whole.''
Furthermore,
under the Principles of the Nuremberg Tribunal, complicity in a war crime
is itself a war crime, and the fact that a person was following the orders
of a government does not absolve that person of responsibility for committing
a war crime.
I will not be complicit in war crimes. Therefore, I believed that it was
necessary for me to take nonviolent action at my representative¹s office.
As
of October 8, 2002, I further believed that the method by which the US
was attempting to carry out its threatened attack would violate the US
Constitution, because it states: CONGRESS SHALL HAVE THE POWER TO DECLARE
WAR. The so- called "war resolution" before Congress on the day we did
our sit-in was not a declaration of war, it was a wholesale hand-over
of the power to wage war to one man: George W. Bush. As such, the resolution
itself was arguably a violation of the US Constitution, and it was therefore
necessary for me to take action to protect that Constitution. It was clear
to me at the time that Judd Gregg did not intend to do so.
What
I did on October 8, 2002 was also necessary and required under NH law:
NH
Constitution, Bill of Rights Art. 8 states "All power residing originally
in, and being derived from, the people, all the magistrates and officers
of government are their substitutes and agents, and at all times accountable
to them. Government, therefore, should be open, accessible, accountable
and responsive. To that end, the public's right of access to governmental
proceedings and records shall not be unreasonably restricted."
I
believed at the time that I took action that my government officials should
be open, accessible, accountable and responsive. They were not.
As
the court has seen, Mr. Gregg¹s so-called response to our questions did
not directly address ANY of the questions. Similarly, Mr. Mayola¹s constantly
repeated "response" of "we will just have to agree to disagree" can be
characterized as nothing other than UNRESPONSIVE! Therefore I was fully
justified in trespassing at least until such time as I received substantive
answers to my concerns which pertained to matters infinitely more likely
to impose far greater harm.
Despite
being served with subpoenas, Senator Judd Gregg is not here today. This
underscores my argument that the Senator, who is supposed to represent
the interests of the people of NH, is inaccessible, closed, unaccountable
and unresponsive despite the urgency of the issue we have tried to discuss
with him.
Additionally,
Article 10 of the NH Constitution, Bill of Rights states that "Government
being instituted for the common benefit, protection, and security, of
the whole community, and not for the private interest or emolument of
any one man, family, or class of men; therefore, whenever the ends of
government are perverted, and public liberty manifestly endangered, and
all other means of redress are ineffectual, the people may, and of right
ought to reform the old, or establish a new government. The doctrine of
nonresistance against arbitrary power, and oppression, is absurd, slavish,
and destructive of the good and happiness of mankind."
No
other law states so clearly my obligation to take action. The text of
Mr. Gregg¹s FAX shows that he is marching in lock step with the aims of
a very small class of men, and as we sat in his office protesting the
war resolution, he was speaking in favor of it on the Senate floor---
he was speaking in favor of violating our Constitution, and putting enormous
power into the hands of one man.
According
to another of NH¹s own laws, I was justified in what I did: CRIMINAL CODE,
Section 627:3 describes Competing Harms. and JUSTIFICATION as: "Conduct
which the actor believes to be necessary to avoid harm to himself or another
is justifiable if the desirability and urgency of avoiding such harm outweigh,
according to ordinary standards of reasonableness, the harm sought to
be prevented by the statute defining the offense charged."
In conclusion:
The
Criminal Trespass Law, under which I am charged, RSA 365:2, states that
a person is guilty of criminal trespass if he enters or remains in any
place "knowing that he is not licensed or privileged to do so." I knew
differently.
Though
this court may not wish to acknowledge events that have taken place since
October 8, 2002, and that are taking place as I speak, everything that
I have heard, read and seen since the US invasion of Iraq began has been
a realization of the horror which I feared last October. I could not support
this vicious act of aggression by my government last Fall, and I will
not support it now.
The
rule of law will not prevail throughout the world until justice returns
to prevail here at home. Our own government, with all its military and
economic might will be able to rely on frontier justice in world affairs
as long as we fail to hold it accountable. Last October, after so many
attempts to reason with my representatives, I determined that an act of
nonviolent civil disobedience was absolutely necessary and required of
me, as I have described.
For the foregoing reasons I ask this court to find me not guilty.
I
thank you for your attention.
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