Nurse investigated for "Sedition" for writing a letter to the editor

[IChing]

Don't know if this was reported but it was news to me


ASSOCIATED PRESS
February 1, 2006

ALBUQUERQUE (AP) - The American Civil Liberties Union of New Mexico wants the government to apologize to a nurse for seizing her computer and investigating her for "sedition" after she criticized the Bush administration.
The ACLU said Wednesday the Department of Veterans Affairs found no evidence Laura Berg used her office computer to write the critical letter.

VA human resources chief Mel Hooker said in a Nov. 9 letter that his agency was obligated to investigate "any act which potentially represents sedition," the ACLU said.
A VA spokesman in Washington could not say Wednesday whether the agency had received the ACLU's request.

It seeks an apology from Hooker "to remedy the unconstitutional chilling effect on the speech of VA employees that has resulted from these intimidating tactics."
Even if Berg had used an office computer, neither that nor her criticism approached "unlawful insurrection," said Peter Simonson, executive director of the ACLU.

"Is the government so jealous of its power, so fearful of dissent, that it needs to threaten people who openly oppose its policies with charges of sedition?" he said.>>>>snip

http://www.freenewmexican.com/news/38858.html

[maxsolomon]

1. sedition is still a crime?

holy crap!

who's still buying this 'land of the free' horseshit?

[IChing]

4. Yes, it has come down to this- criticize the pResident and be investigated

"Wrong thinking" has to be dealt with by the Thought police

[IChing]

9. Sedition is totalitarian according to Wikipedia

Sedition
From Wikipedia, the free encyclopedia

Sedition refers to a legal designation of non-overt conduct that is deemed by a legal authority as being acts of treason, and hence deserving of legal punishment.

The term is deprecated in most countries, though equivalent language may still be in use in totalitarian and fascist jurisdictions.

Critical speech, political organization, and mere association between individuals may be considered as "sedition." And though such behaviours may be common in a free society, in societies where sedition laws exist the acts and behaviours which qualify are highly subjective, and typically left to the whims of state agents.

Legal definitons of sedition often include subversion of a constitution, or incitement to rebellion or insurrection toward the lawful authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws.>>>snip

http://en.wikipedia.org/wiki/Sedition

[FormerRepublican]

13. Well, from that description, Bush qualifies.

I actually wrote an email about this to my Senators last night. IMO, sedition laws come in direct conflict with Constitutionally guaranteed rights of free speech. In general, the Supreme Court in the past has agreed and sided with those who speak out against the government.

Even if we're at war, I believe Americans have a right to speak out about government abuses and incompetence. If there's ever a time when abuses and incompetence need to be stopped, it's in a time of war, so it could just as easily be argued that free speech in a time of war is patriotism. So to say that speaking out is sedition is pretty stupid, IMO.

In the words of Alberto Gonzales, when interpreting a law would bring it into direct conflict with the constitution, a US attorney is obligated to interpret the law in ways which do not conflict. In this case, by viewing free speech as patriotism.

[Toots]

44. I would agree with you except we are not at war.

:shrug: We do have our military engaged in police action in several countries but that hardly qualifies as being at war. Or is society so dumbed down they don't even know the meaning of War?

[bloom]

36. that's interesting... n/t

[iconocrastic]

42. Advocating violent overthrow is sedition. Her letter didn't do that.

Noun
S: (n) sedition (an illegal action inciting resistance to lawful authority and tending to cause the disruption or overthrow of the government)

[rman]

43. ehm. prosecution for sedition is totalitarian

sedition is rebellion

http://dictionary.reference.com/search?q=sedition
1. Conduct or language inciting rebellion against the authority of a state.
2. Insurrection; rebellion.

[icymist]

2. I work in nursing and this makes me afraid to apply to the VA.

I speak my mind way too much.

[w8liftinglady]

7. Me,too

[boobooday]

3. The head of the ACLU asks . . .

"Is the government so jealous of its power, so fearful of dissent, that it needs to threaten people who openly oppose its policies with charges of sedition?"

Apparently, the answer is yes. Because they are illegitimate, and secretive, and insane.

[Julius Civitatus]

5. Outrage!!!

We no longer live in a DEMOCRACY!
People, wake the fuck up!!!!

[rd_kent]

6. Unbelievable!!!!

Who are the ones that are REALLY hurting America?

[HootieMcBoob]

8. and so it goes

they'll be rounding us all up before too long

[Lasher]

10. Sedition defined

Sedition refers to a legal designation of non-overt conduct that is deemed by a legal authority as being acts of treason, and hence deserving of legal punishment. The term is deprecated in most countries, though equivalent language may still be in use in totalitarian and fascist jurisdictions. (Emphasis mine)

http://en.wikipedia.org/wiki/Sedition

On edit: Check it out, IChing (post 9 of this thread) and I posted almost exactly the same thing at just about the same time. Great minds work alike, I guess. I thought about deleting my humble contribution, but decided to leave it here, just for grins.

[IChing]

11. At least we are not ditto heads on "truthiness."

;) ;) :toast:

Last fall, Stephen Colbert, of Comedy Central's "Colbert Report, came up with a word to describe this phenomenon: "truthiness."

"I'm not a fan of facts," he pronounced, in his best, Bill O'Reilly-like persona. "You see, facts can change, but my opinions will never change, no matter what the facts are."

[Doctor_J]

12. According to this, it's subject to punishement only if

the authorities deem it to be treasonous. So I guess this woman's letter is treason.

[FormerRepublican]

15. The Constitution is also very clear as to what constitutes treason.

The Constitution says:

"Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court."

http://www.archives.gov/national-archives-experience/charters/constitution_transcript.html

They make it pretty clear that free speech doesn't qualify. So, if sedition laws were interpreted to include free speech critical of the government as treason, those laws would themselves be unconstitutional.

[Lasher]

31. So, has Scooter been charged with sedition?

Seems like it applies to him much more that it would to a VA worker who sent a letter to an editor.

[Neil Lisst]

32. Yeah, and even on its face, its NOT sedition what the nurse did.

There isn't a federal judge in the nation who wouldn't toss this alleged case against the nurse, even if she did send the letter from her work computer. Not one. Not the worst rightwing judge in the country.

In fact, federal judges would almost uniformly sanction the US prosecutors for even bringing such a case.

It's outrageous beyond words.

[Angry Girl]

14. A New Federal War on Dissent? Some scary articles...

And just remember, in the back of your mind, the fact that Halliburton was just given a multimillion dollar contract to build detention centers throughout the U.S.:
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=2085433

A New Federal War on Dissent?

The FBI catalogued some of the new threats to public safety: "Several effective and innovative strategies are commonly used by protesters prior to, during, and after demonstrations.... Protesters often use the internet to recruit, raise funds, and coordinate their activities prior to demonstrations. Activists may also make use of training camps to rehearse tactics and counter-strategies for dealing with the police."

Saying that dissenters are attending a “training camp” is intended to suggest that they are akin to the killers who attended Afghan terrorist training camps. And the fact that protesters use the Internet is as irrelevant as that earlier generations of protesters used the U.S. mail. Since FBI computers are far behind the technology curve, FBI analysts may be unaware that Internet use is pervasive among Americans of all political stripes.

After warning about the danger that “extremist elements” could engage in “vandalism,” “trespassing,” and “the formation of human chains,” the FBI cast suspicion on almost anyone attending a protest: "Even the more peaceful techniques can create a climate of disorder, block access to a site, draw large numbers of police officers to a specific location in order to weaken security at other locations, obstruct traffic, and possibly intimidate people from attending the events being protested."

[IChing]

18. Thank you sister on the same train of thought

I didn't know if to post it separately or in this tread, so I started a new one

[Angry Girl]

20. New's good. Such an important, glaring issue

Thanks for bringing it out again!
:hi:

[MadHound]

29. Please don't be fooled by this mislieading information

The FBI computers are not "far behind the technology curve", in fact FBI computers are actually more sophisticated that ninety percent of what is available in the civilian world. Yes, there are many desktop units out there in field offices nationwide that are technologically behind the times. But in the main offices, in areas where high tech is needed on a routine basis, the FBI has some of the best boxes going.

[Angry Girl]

34. Yeah, I didn't buy that either

The government works together with Microsoft and Intel on a daily basis, as well as several other large and specialized corporations (Fluke, Cisco, Oracle, Symantec). And there's still RAND, sneaking around in the background.

[caligirl]

16. sounds like a guy in Oakland a couple years ago. someone

at a gym he was at reported him for his desenting view of * policy. He was investigated too.

[Lochloosa]

17. The Sedition Act of 1798

The Sedition Act of 1798
--------------------------------------------------------------------------------

An Act in addition to the act, entitled "An act for the punishment of certain crimes against the United States. "

SEC. I Be it enacted . . ., That if any persons shall unlawfully combine or conspire together, with intent to oppose any measure or measures of the government of the United States, which are or shall be directed by proper authority, or to impede the operation of any law of the United States, or to intimidate or prevent any person holding a place or office in or under the government of the United States, from undertaking, performing or executing his trust or duty; and if any person or persons, with intent as aforesaid, shall counsel, advise or attempt to procure any insurrection, riot. unlawful assembly, or combination, whether such conspiracy, threatening, counsel, advice, or attempt shall have the proposed effect or not, he or they shall be deemed guilty of a high misdemeanor, and on conviction, before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding five thousand dollars, and by imprisonment during a term not less than six months nor exceeding five years; and further, at the discretion of the court may be holden to find sureties for his good behaviour in such sum, and for such time, as the said court may direct.

SEC. 2. That if any person shall write, print, utter. Or publish, or shall cause or procure to be written, printed, uttered or published, or shall knowingly and willingly assist or aid in writing, printing, uttering or publishing any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress of the United States, or the President of the United States, with intent to defame the said government, or either house of the said Congress, or the said President, or to bring them. or either of them, into contempt or disrepute; or to excite against them, or either or any of them, the hatred of the good people of the United States, or to excite any unlawful combinations therein, for opposing or resisting any law of the United States, or any act of the President of the United States, done in pursuance of any such law, or of the powers in him vested by the constitution of the United States, or to resist, oppose, or defeat any such law or act, or to aid, encourage or abet any hostile designs of any foreign nation against the United States, their people or government, then such person, being thereof convicted before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years.

SEC. 3. That if any person shall be prosecuted under this act, for the writing or publishing any libel aforesaid, it shall be lawful for the defendant, upon the trial of the cause, to give in evidence in his defence, the truth of the matter contained in the publication charged as a libel. And the jury who shall try the cause, shall have a right to determine the law and the fact, under the direction of the court, as in other cases.

SEC. 4. That this act shall continue to be in force until March 3, 1801, and no longer....

[chaplainM]

22. Sec. 4.

I was surprised to learn that "sunset provisions" were used in the 18th century!

[bettyellen]

19. thiss is the quote that got her into trouble

"We need to wake up and get real here, and act forcefully to remove a government administration playing games of smoke and mirrors and vicious deceit. Otherwise, many more of us will be facing living hell in these times."


they don't understand that to be forceful does not imply violence? well, that's part of the problem, ain't it?

[Pacifist Patriot]

35. Sheesh, sounds like something I could have written in one of my letters

calling for impeachment. Good grief!

[yellowdogmi]

21. That is pretty mild.

Her quote is really not that bad. I have posted things that are worse than that here on DU.

"We need to wake up and get real here, and act forcefully to remove a government administration playing games of smoke and mirrors and vicious deceit. Otherwise, many more of us will be facing living hell in these times."

I advanced the thought that I would rather have an islamic insurrection here in the US than the erosion of the bill of rights because then patriotic americans would stand up to it instead of laying down and letting it happen like a bunch of sheep. They can have my keyboard when they pry it from my cold dead fingers.

[Earth_First]

23. Merrily we roll along...

towards a fascist, totalitarian regieme. The masses to caught up to be "bothered" by American Idol, Gap and the new H3 'consumer entry level' SUV.

One day we'll all wake up to a loudspeaker on a military vehicle ordering you and your family out of your homes at midnight demanding to see papers. While leashed military dogs are viciously gnashing and growling at arms length away. At which time you will be separated from the women and children and sent away for political reeducation.

[Jo March]

24. Oh, but this DU poster thinks that no one has lost any rights under *

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=364&topic_id=328197&mesg_id=344322

I'd laugh if it weren't so pathetic.

[Patiod]

39. Glad you said "DU poster" vs DUer -- they've been tombstoned

Grrrrr...

[Uncle Joe]

25. I wonder if they tapped her phone? n/t

[EVDebs]

26. I am furious !

I only regret that I have but one vote to give to the greatest page to bring attention to the extent of this internal terror campaign being waged against critics of this administration.

Total Surveillance
http://www.motherjones.com/interview/2005/12/albrecht.h ...

Couple this insidious technology with purposely erroneous background checks

Who is checking the background checkers?
http://www.csmonitor.com/2005/1128/p13s02-wmgn.html

They've offshored, outsourced, and privatized TIA. Now all they have to do is fire you for being 'of the wrong political party' and put false information in your background data...and voila ! You've just created the most insidious terror project in the US ever.

[Babel_17]

27. Nominated

This story virtually screams for more details. I'll be keeping an eye on this thread as well as googling. If I find anything worthwhile I'll post it.

[Capn Sunshine]

28. Not one word in the congress about this

Of course.

Spinelessness continues as the consultants cash their checks.

[Neil Lisst]

30. meanwhile, US govt employees read DU using govt resources

looking for dissent they can attack or attempt to quell

These Nazis have no concept of the role of dissent in our history, and how important it is.

[MsUSA]

33. "used an office computer".......well, that'd be me. I know I could

get into a ton of trouble, plus dismissal if the people in charge of where I work would look at my computer. Yikes..... DU, e-mails to Senators, Representatives, the White House. Oh yeah, I could be in real trouble, but wait a minute, I'm retiring in 49 working days. :bounce: :toast: :party: :applause:

[IChing]

37. If This is "Sedition" then I wish our "Democratic Leadership" would not be

so sedated in their response to the shouts of tyrannies against a government
that is supposed to be by the people
and for the people and their obligation
to represent the people.

I await the sedation of the intellectual prozac of democracy
which we live in now in this country,
that explains it to you in the corporate world of right thinking,
and define the words we discuss, which I don't want to be seditious with you
that will make us sedated on what freedom and history is in this land
of the "free and home of the brave",
interpreted by music now from my generation, on your TV commercials now
that talks about love
but not about humans,
it's a products.

if those thoughts are sedition
so be it,
but it is not sedated..

Listening and language is the art of understanding

END rant.

[enough]

38. Morning kick

[Coexist]

40. things get more and more peculiar every day...

down the rabbit hole we go.

[leveymg]

41. VA hospital - military prohibited from criticizing CIC

Under the Uniform Code of Military Justice (UCMJ) political criticism that calls for disobedience to orders could be considered "sedition". When you sign up, you sign away many of your rights under the Constitution, unfortunately. Whether that charge might apply in this case would depend upon whether the nurse was active military at the time.

Those who criticize BushCo from within or blow the whistle take a terrible risk, and one has to be astonished at their bravery for doing so. They deserve our support, such as donations to the National Security Whistleblowers Coalition: http://www.nswbc.org/

Sedition under the UCMJ is defined as:
http://www4.law.cornell.edu/uscode/html/uscode10/usc_sec_10_00000894----000-.html

U.S. Code

TITLE 10 > Subtitle A > PART II > CHAPTER 47 > SUBCHAPTER X > § 894 Prev | Next


§ 894. Art. 94. Mutiny or sedition


Release date: 2005-07-12

(a) Any person subject to this chapter who—
(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;
(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;
(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.

[DemInDistress]

45. help me here...does this only apply in the workplace?

or am I in danger from my home? I hate bush,I hate the bush crime family. I often denounce him and alert fellow NYC residents of the evidence indicating 911 WAS AN INSIDE JOB. Can I be arrested for "freely speaking?" This is serious shit and everyone I know will be told. KBR recently awarded 400 mil. to dust off America's concentration camps..hmm

[Neil Lisst]

46. The lesson should be: stop making suggestions of illegally.

While this incident clearly was a ruse by the Bush Gestapo to muscle the VA nurse and send a message to dissenters, it's also a lesson that some here could stand to learn.

I get really tired of seeing almost daily someone here urge some form of illegally to redress legitimate grievances. Free speech is advocating opposition to policies. Free speech is demonstrating legally. Free speech is finding good candidates, running them, and winning, the DEMOCRATIC way.

We have a way to deal with our concerns and that way is simple: Win elections. It pisses me off to no end every time someone suggests some illegal approach to dealing with a government we do not like. The entire site and everyone who posts here is besmirched when someone starts talking about how they're gonna get a bunch of guns, or calls for a tax revolt, or calls for any illegal means of expressing dissent.

Whether we're dealing with a rabid dog is immaterial. Assume we are. That rabid dog will still eat your face off, so don't let it.

This nurse chose her words poorly, and only a goon seeking to enforce political regimen and intimidate dissenters would use those words to shake her down and rough her up. But an excuse is all they need.

What we need is less big talk and more dedicated workers in election campaigns.