Jerry ResistsCourtesy of the
National Police Misconduct Reporting Project comes word of
Jerry Koch, a New York anarchist who may be jailed for doing what
most people assume you have a right to do: remaining silent in
court. Federal prosecutors want him to testify in the matter of a
midnight bombing of a military recruitment center in Manhattan in
which nobody was injured. Koch is not a target, but the feds still
want to hear from him.
From the
New York Times:
A 24-year-old self-described Brooklyn anarchist may be headed to
jail after refusing on Thursday for the second time to testify
before a grand jury believed to be examining the explosion of a
homemade bomb that damaged an armed-forces recruitment center in
Times Square in 2008.
A lawyer for the man, Gerald Koch, said she believed that
prosecutors would ask a Federal District Court judge in Manhattan
to cite him for contempt during an appearance scheduled for next
week, an action that could result in Mr. Koch’s being jailed.
“I anticipate that the government will seek an order from the
court holding Jerry in civil contempt,” said the lawyer, Susan V.
Tipograph, adding that her client had refused to testify as “a
matter of principle” and because “he has no knowledge whatsoever”
about the bombing or who caused it.
Ms. Tipograph said Mr. Koch was not a target of the
investigation and had been granted immunity.
That grant of immunity is likely the key to the inquisition,
since it can be interpreted to make the Fifth Amendment right
against self-incrimination moot. But Koch objects that he's already
made it clear in the years since the bombing that he knows nothing,
and he believes the feds want to put him on the stand to extract
information that's irrelevant to the case, but that piques their
interest.
From Jerry
Resists:
Given that I publically made clear that I had no knowledge of
this alleged event in 2009, the fact that I am being subpoenaed
once again suggests that the FBI does not actually believe that I
possess any information about the 2008 bombing, but rather that
they are engaged in a ‘fishing expedition’ to gain information
concerning my personal beliefs and political associations.
Rather than answer questions when last called to court, Koch
confirmed his name, age and address. On his Website, he says he
thinks prosecutors really want to use the grand jury "to gain
information about my friends, loved ones, and activists for whom I
have done legal support."
Originally intended to prevent prosecutors — government
employees — from wielding their powers arbitrarily, grand juries
have instead turned into powerful tools of the state. New York
Judge Sol Wachtler
famously quipped that a prosecutor could get a grand jury to
indict a ham sandwich. In 2003, W. Thomas Dillard, Stephen R.
Johnson, and Timothy Lynch wrote a cautionary
paper (PDF) about grand juries, which were then being further
empowered as part of the "war on terror," for the Cato
Institute:
While most people are generally familiar with the function of
the police officer, the prosecutor, the defense lawyer, the judge,
and the trialjury, few have any idea about what the grand jury is
supposed to do and its day-to-day operation. That ignorance largely
explains how some overreaching prosecutors have been able to
pervert the grand jury, whose original purpose was to check
prosecutorial power, into an inquisitorial bulldozer that enhances
the power of government and now runs roughshod over the
constitutional rights of citizens.
Koch is next scheduled to appear at the federal court house at
500 Pearl Street, in New York City, on May 21. He's inviting
supporters to pack the venue to witness what will likely be a grand
jury doing whatever it's told to do.