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While Considering Risking Arrest
The decision to engage in nonviolent direct action which may lead to arrest is an important one. Folks should understand the personal and political implications of such an act and discern personally if and when to engage in this kind of witness. As nonviolent activists, we recognize that there are citizens, soldiers, civilians and prisoners on all sides who risk their lives on a daily basis, and endure great suffering on a daily basis, and it is these people that we should keep in our minds and hearts during the action. By taking nonviolent action, we hope to join in solidarity with those who suffer most as a result of our government's policy. Whatever risk or suffering we endure in the course of this action, it is very little compared to what the men of Guantanamo have faced since January 11th, 2002.
Beyond risking arrest, there are numerous ways to support the movement to close Guantánamo and bring peace and healing to those imprisoned there. Any and all are welcome to join this effort.
Support Role
Each person risking arrest must secure the support of another individual not risking arrest, her/his Support Person. The responsibilities of that Support Person include knowing/managing the vital stats and personal effects of the person risking arrest, being accessible by phone during the entirety of the arrest and post-arrest period (beginning with the action on Friday and ending when folks are released), and being willing to holistically support the person risking arrest, contemplating her/his emotional, physical, mental, and spiritual well-being.
A support person can serve in this role for more than one person risking arrest. Often an affinity group, depending on its size, will have just one or two support people for the entire group of folks risking arrest. The number of support people needed to support folks risking arrest should be based on an analysis of the supporters' ability to adequately undertake the above responsibilities.
Jail Support Team
The Jail Support Team is comprised of activists and organizers experienced in nonviolent direct action (NVDA). They are coordinating all aspects of support for the arrest process, from pre- through post-arrest. Their duties include properly recording and tracking all those who are risking arrest and remaining vigilant during the entire time that folks are in police custody. They are among those who communicate with law enforcement before, during, and after arrest and are also the point people for information about the status of those arrested.
Additionally, Jail Support folks offer themselves as resources to folks risking arrest and their supporters, to create as safe and encouraging a space as possible in which folks may discern their level of participation in the action. This may include conducting nonviolent direct action trainings and/or community conversation spaces in which to explore the issues that arise when contemplating NVDA.
The Jail Support team is also required to balance the needs of individuals in the moment with what serves the goals of the action and the broader movement. Thus, if an individual wants to risk arrest but has not prepared herself via discernment, trainings, securing a Support person, and/or other means, the Jail Support team may encourage that person to consider another role as appropriate. Additionally, the Jail Support team contemplates and undertakes its role in the context of the planned action scenario, and may not be able to extend the reach of its support beyond the contingencies already planned. Folks seeking to engage in additional action elements, or entirely separate actions, should therefore take this into consideration.
In preparation for Risk-Arrest Scenarios
Those risking arrest are highly encouraged to participate in at least one Nonviolent Direct Action training session, and/or a dialogue session designed to explore the hopes, fears, needs, etc which surface in contemplating and undertaking risk-arrest scenarios.
When possible, folks should also consider joining or forming Affinity Groups. Affinity groups are groups of a few to as many as 20 folks who work in collective. They often do actions together, or execute a smaller piece of a larger action. They know each other well and thus are skilled in mutual care, quick decisions, and adaptability. It is not necessary to be a part of an affinity group in order to participate in this action, though it is a good idea to consider forming relationships with folks who come from your same region in order to facilitate and encourage future collaboration and mutual support. There will be a time on January 10th to identify and join affinity groups.
Further, every person risking arrest must secure her or his own Support Person (see above). The demands placed on the Jail Support Team members largely preclude its ability to serve as individual support people to those risking arrest.
Likely Arrest Scenarios
A large group from the prisoner procession will ascend the steps of the Supreme Court, bringing the names and stories of those imprisoned at Guantánamo to the court, and dramatically petitioning the court to be responsible for these men.
Other affinity groups will be taking part in other creative nonviolent direct action.
There are several different police jurisdictions on and around federal property, and it is difficult to know in advance which entity may do the arresting. In the event that the Metropolitan Police are doing the arrests, folks who are arrested could be released with a citation at a local substation. However, those arrested could be incarcerated overnight and brought before a magistrate in Superior Court on Saturday, or be held over to appear in court on Monday morning. At that point, folks would then probably be released on personal recognizance and scheduled for a hearing. At that court hearing folks will be asked if they want to plead guilty or not guilty. If pleading not guilty, a date to return for trial will be issued. If pleading guilty to a minor charge, a sentence may be issued in the moment. It is very unlikely that a nonviolent action will result in jail time. More likely scenarios would be community service, a fine and/or probation. If there are a considerable number of arrests, it is more likely that folks would not end up in D.C. Jail. There is the possibility of mass arrests being held at the Police Academy or other locations.
We will potentially inviting people who risk arrest to do so without a photo ID, taking the name of a Guantánamo prisoner instead. Some may chose to give this name to the police (which could result in an additional charge) or simply state when asked: "I am here representing ________." Others may choose to remain silent until we are brought before a judge (probably within 24 hours), at which time, we would give our names and read the name of the prisoner we are representing into the court record, symbolically and actually bringing the men of Guantánamo into US courts.
The Jail Support team will be working with the Legal Support team to track all those arrested, including where they are being held and when it is expected that they will be released.
Medications
If you are taking medications that are vitally necessary (i.e. for HIV, high blood pressure medicine, etc.), it is very important that (1) you tell the processing officers that you need these medications to live; (2) you have the medications in their original containers (as it is a crime to carry prescription medications outside of their original containers); (3) you have a copy of the prescription from your doctor; and (4) the support team knows about your medical situation.
If you are booked into jail, most prescription medications are confiscated and placed into your "property" which is inaccessible to you while in jail, and (possibly) returned to you upon release. For a variety of reasons (security, lawsuits), the jail has a policy of using their own medications for prisoners. The exception to this policy is if the medications are rare and expensive, in which case they will may use your prescription or transfer you to a hospital to be administered medication.
Likely Arrest Scenarios
When risking arrest in Washington, DC, there are several different police jurisdictions on and around federal property, and it is sometimes difficult to know in advance which entity may do the arresting. In the event that the Metropolitan Police are doing the arrests, folks who are arrested could be released with a citation at a local substation. If US Park Police do the arrests (as is typical for White House sidewalk actions), groups are typically taken to Anacostia station for processing. With larger actions, no matter the arresting police force, groups are often taken to special processing centers that hold larger groups.
While it is possible to be processed (photographed and printed) and released on personal recognizance with a date to come back for arraignment, for many recent arrests at the White House, people have been released from Anacostia Station without being processed, but instead given a ticket which requires their return to Anacostia for processing within fifteen (15) days. When we have returned, we are printed, photographed, and given a court date for arraignment.
While it is possible that you will be released the same day as your arrest, everyone should be prepared for the possibility of being held overnight. If held, in most cases folks will be transferred to DC Jail and will most likely see a magistrate in DC Superior Court the day following the arrest. At that court hearing folks will be asked if they want to plead guilty or not guilty. If pleading not guilty, a date to return for trial will be issued. If pleading guilty to a minor charge, a sentence may be issued in the moment. It is unlikely that a nonviolent action will result in jail time, though depending on your record and willingness to accept probation or a fine, jail is possible. More likely scenarios would be community service, a fine and/or probation. I
Washington, D.C. sometimes offers the option of "post and forfeit," where you pay ("post") a set amount of money (usually around $75) and forfeit the right to ever get the money back. It is not the same as a guilty plea, and does not become part of your record as it is not a criminal conviction. It is considered an administrative adjudication of your arrest, and is akin to receiving and paying a traffic ticket. The post and forfeit option officially ends the legal process after arrest, and those who choose it do not have to return for trial. This is sometimes offered shortly after the arrest, and you may usually consider this option up to and including on your trial date.
The Jail Support team will be working with the Legal Support team to track all those arrested, including where they are being held and when it is expected that they will be released.
Misc. Legal Information
DC Charges
Incommoding. This is blocking vehicle or pedestrian traffic on the streets, sidewalks, and other walkways. Maximum penalty is a $250 fine and/or 90 days in jail--DC Code § 22-1107. The charge of disorderly conduct is essentially the same--DC Code § 22-1121.
Failure to obey a Police Officer. Often called "failure to disperse," this charge is possible when the police order you to depart and you refuse. The order must be "lawful," which means that if the police issue an unconstitutional order, there is no offense in ignoring it. But police authority is very broad. At trial, if the order is ruled lawful, you can be fined $100-$1,000. DC Muni. Reg. §§ 18-2000.2 & 2000.10.
Unlawful entry on property (trespassing). Remaining on government property after being told to leave is punishable by a fine up to $100 and/or up to 6 months in jail. For government buildings and the surrounding land, there must be some reason that you have been asked to leave, such as to prevent disruption or to maintain security. DC Code § 22-3102.
We are seeing these charges at the White House as well...
District of Columbia Municipal Regulations Chapter 18 Section 2000.2 (Failure to Obey Police Officer)
No person shall fail or refuse to comply with any lawful order or direction of any police officer, police cadet, or civilian crossing guard invested by law with authority to direct, control, or regulate traffic. This section shall apply to pedestrians and to the operators of vehicles.
And DCMR Chapter 21 Section 2100.1-3 (Crossing a Police Line) When fires, accidents, wrecks, explosions, parades or other occasions cause or may cause persons to collect on the public streets, alleys, highways, or parkings, the Chief of Police, an inspector or captain of the police, or an officer acting
for him or her may establish an area or zone that he or she considers necessary for the purpose of affording a clearing for the following:
a) the operation of firemen or policemen
b) the passage of a parade
c) the movement of traffic
d) the exclusion of the public from the vicinity of a riot, disorderly
gathering, accident, wreck, explosion or other emergency, and
e) the protection of personal and property.
2100.3 No person shall enter the emergency area or zone unless duly authorized by the person in command of the emergency occasion, except as provided in 2100.4
And Code of Federal Regulations 36 CFR 7.96
(vii) No signs or placards shall be permitted on the White House sidewalk except those made of cardboard, posterboard or cloth having dimensions no greater than three feet in width, twenty feet in length, and one-quarter inch in thickness. No supports shall be permitted for signs or placards except those made of wood having cross-sectional dimensions no greater than three-quarter of an inch by three-quarter of an inch. Stationary signs or placards shall be no closer than three feet from the White House sidewalk fence. All signs and placards shall be attended at all times that they remain on the White House sidewalk. Signs or placards shall be considered to be attended only when they are in physical contact with a person. No signs or placards shall be tied, fastened, or otherwise attached to or leaned against the White House fence, lamp posts or other structures on the White House sidewalk. No signs or placards shall be held, placed or set down on the center portion of the White House sidewalk, comprising ten yards on either side of the center point on the sidewalk; Provided, however, that individuals may demonstrate while carrying signs on that portion of the sidewalk if they continue to move along the sidewalk.
Failure to Obey an Order, under CFR regs (36 CFR 2.32), with a White House arrest recently:
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
PART 2_RESOURCE PROTECTION, PUBLIC USE AND RECREATION--Table of Contents
Sec. 2.32 Interfering with agency functions.
(a) The following are prohibited:
(1) Interference. Threatening, resisting, intimidating, or intentionally interfering with a government employee or agent engaged in an official duty, or on account of the performance of an official duty.
(2) Lawful order. Violating the lawful order of a government employee or agent authorized to maintain order and control public access and movement during fire fighting operations, search and rescue
operations, wildlife management operations involving animals that pose a threat to public safety, law enforcement actions, and emergency operations that involve a threat to public safety or park resources, or
other activities where the control of public movement and activities is necessary to maintain order and public safety.