Statement by MAP member organization, the Minnesota branch of the National Lawyers Guild:

"Although the immediate threat in Iowa appears to be diminished if not dissipated altogether, activists must remain vigilant and maintain pressure on the federal government. The National Lawyers Guild is calling for a congressional investigation, which would serve both to determine the background of this illegitimate investigation and to deter similar governmental misconduct in the future. Further, there has been word of another government investigation, following a similar pattern, at the University of Texas Law School. Only by following this matter, and any similar matters, to their conclusion can the activist community protect its right to dissent."

Summary of investigation of activists at Drake University

On February 4, a federal grand jury investigation into an antiwar conference held three months ago at Drake University in Des Moines, Iowa, began. The conference, sponsored by the Drake chapter of the National Lawyers Guild, was called "Stop the Occupation! Bring the Iowa Guard Home!" A demonstration was held the following day outside the Iowa National Guard headquarters in Johnston. Twelve demonstrators were arrested on misdemeanors at the protest.

Four activists, Brian Terrell, Patti McKee, Elton Davis, and Wendy Vasquez, were ordered to testify before the Grand Jury on Tuesday, February 10, about "a possible violation of federal law" in subpoenas delivered by a member of the FBI's Joint Terrorism Task Force. Drake University was also subpoenaed for all records relating to the November 15 conference, as well as information about leaders of the Drake University chapter of the National Lawyers Guild and the location of Guild offices and any annual reports since 2002. In addition, it asks for "all records of Drake University campus security reflecting any observations made of the November 15, 2003 meeting, including any records of persons in charge or control of the meeting, and any records of attendees of the meeting." Drake University also received a gag order prohibiting its staff from commenting on the subpoena requests.

The subpoenaed activists included current and former leaders in the Iowa peace movement, including the Iowa Peace Network and Catholic Peace Ministry. As it is extremely unusual for a handful of misdemeanors charged in state court to result in a federal grand jury investigation, activists and the National Lawyers Guild believe that the subpoenas were an attempt to stifle dissent through intimidation. Members of the Iowa congressional caucus agreed:

"I don't like the smell of it," said Sen. Tom Harkin. "It reminds me too much of Vietnam when war protesters were rounded up, when grand juries were convened to investigate people who were protesting the war."

Rep. Leonard Boswell, a Des Moines Democrat and member of the House Intelligence Committee, said he understands the need for secrecy when dealing with matters of national security. "However, I am increasingly concerned about Attorney General John Ashcroft's disregard for explaining the actions of the Justice Department to the public."

Rep. Steve King, a Republican from Kiron, said it appeared the government was using significant resources to investigate a relatively minor protest. "It definitely has my attention, and I will be asking questions," he said.

Over the weekend, news of the investigation spread like wildfire in independent and corporate media. On Monday, February 9, Minneapolis Guild attorney and former NLG President Bruce Nestor filed a court brief asking that the subpoenas be quashed. On Tuesday, February 10, the Justice Department began backpedalling as public and legislative pressure mounted.

Late Monday, the Justice Department issued a highly unusual statement explaining the scope of the investigation - a single, minor protest incident where an activist partially scaled the National Guard armory fence. By Tuesday afternoon, all subpoenas were withdrawn. NLG President Michael Avery said:

"The government was forced to back down in this case and it shows that people can and should stand up to the government when it is abusing its powers. The Lawyers Guild is grateful to our many friends and allies who supported us in the face of this attack by the government. This experience demonstrates that the American people cherish their right of free expression and the right of political groups to dissent from government policies."

Link to NLG February 10 Press Release