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Cody Duty / AP
Occupy Houston protesters lay in the exit ramp at the Port of Houston Authority on Dec. 12.
Seven Occupy protesters were indicted on felony charges by a grand jury in Houston on Tuesday, a spokeswoman for the district attorney's office says, in connection with their demonstration at the local port as part of a national day of action by the movement.
The decision comes nearly a week after a judge initially dismissed the charges, saying the protesters could not be charged with possessing or using a "criminal instrument" – a felony in Texas – for their use of PVC pipe.
The protesters -- three from Austin, four from Houston -- put their arms through the pipe and used latches on it to connect together, making their arrest more difficult but not preventing it, said one of their attorneys, Daphne Silverman, of the National Lawyer's Guild in Houston. Donna Hawkins, a spokeswoman for the District Attorney's Office, confirmed the indictment.
"They are feeling, 'wow,' is the word. ... They're in a lot of shock. They were very happy with the justice's decision last week, they believed in her, they believed in the justice system," Silverman said. "These people ... are not criminals. These folks are out there attempting to make the country better for all of us."
Silverman, who noted that she believed the law had been wrongly applied by the prosecutor, said it's likely the protesters will be back in court in January to talk about the next step, such as negotiations or to go to trial. If convicted, they face up to two years in jail.
Protester Dustin Phipps -- who is not one of the seven charged -- said it was a "strategic move" by local police to discourage others from participating in civil disobedience.
"We definitely plan on fighting it," said Phipps, 28, a pre-medical student at the University of Houston. "We're going to move forward ... with faith and determination because we understand we have the rights and the upper hand, and we're going to make sure justice is served."
The protesters had joined with other Occupy outfits across the country that were conducting port shutdowns on Dec. 12 to economically disrupt what they called "Wall Street on the waterfront.”
Arrests on felony arrests were occurring in other cities, such as Denver and New York. Civil rights lawyers have suggested the use of felony charges was another form of crackdown on the movement.
The Houston Police Department has used the "criminal instrument" against protesters on previous occasions, according to Attorney Randall Kallinen, who is representing one of the seven protesters. The charge usually does not hold up in court in such cases, but because it is a felony charge it has a chilling effect on would-be activists, he said.
"We’ve been seeing more of them (felony arrests), especially beginning of November," said Gideon Oliver of the lawyers guild in New York. The police and the district attorney’s office have discretion in determining the charges, "and so there are two sort of steps in the process where ... the police or the DA, if they conducted a reasonable investigation, I think, in a lot of these cases would realize that they’re overcharging."
Msnbc.com's Kari Huus contributed to this report.
Leave a Comment:
ren 755775 I wonder what you would have thought about the real patriots in 1776 when they stood up to the british? I bet you would have called them criminals also right? You and people like you are not too bright?
It's their only justification for a prosecutor who is verbally trying to use these protesters as an "example" and "scare" other protestors. Clearly this is a fine example of the justice system. What do you expect though, this is where the Bush family came from, and Jr. could hardly speak english.
I sense a countersuit for harassment and abuse of power coming out of this if that prosecutor doesn't back down soon.
That is BS. The same old story. Abuse of power. FELONY CHARGES. For locking arms. The system protects the rich and powerful. Idiots can't see what is happening to the middle class.
The felony charge is not for locking arms. It is for locking arms inside the piece of pvc pipe, the actual "criminal instrument." If the had just been locked arms they would not be facing felony charges.
since when is a PVC pipe a criminal instrument?
And in Texas, PVC is a weapon? or a component of a weapon? NO??? So if they tied themselves together, the rope would be the criminal instrument??
The claim was not a weapons charge. it is criminal instrument charge. That is basically anything you can modify to use in order to break a law.
It is a BS law used to make the law lawless. It is a fact that the average American breaks three federal laws a week. If they don't get you it isn't because they can't it is because they don't want to.
So knots and loops in a rope would have sufficed?? Do you enjoy living in a police state?
In Texas if the protesters have all been carrying ak47s they would be receiving metals.
Openly carrying a fire arm in Texas is illegal, which I think is unconstitutional but that is besides the point.
Rather it is a bad law or not, that law is on the books and the proper way to fight that is to elect officials who will get rid of those laws instead of being arrested and getting convicted of a felony, more or less throwing your life away.
TexAG - voting is what has gotten us into this mess, it is time for a different tactic.
Keith, what exactly would you propose then?
"It has been said that democracy is the worst form of government except all the others that have been tried"
-Winston Churchill
What I support is the OWS or similar movement to stay in the streets until Congress acts to restrict some of their own corrupt activities. I hope this next years political conventions make 1968 look like minor inconveniences and that there are more people on the streets than in the convention halls.
I hope the fear in the eyes of our legislators is evident as they leave the convention and go back to Washington to right some of the wrongs visited on the American people over the last twenty years. When they pass a law declaring that a corporation is not a person and that money is not speech that will be a good first start.
The system is corrupt and continuing to vote in a corrupt system will just continue to give us corrupt politicians.
I disagree, voting for the wrong politicians is what cause our problems.
Staying in the streets and out of the polls is not going to make congress change anything. You have to elect a majority of representatives who want to see things changed.
Having people with out unification and disenfranchised in the streets is not going to help anything.
It's Texas. What do you expect?
Wake Up Now, I do not support the idea that the nation should be ruled as a direct democracy. I do not think the vast majority are smart enough to vote and control the destiny for everyone else. I'm not even sure if I should be allowed the right to vote, but with the current system I am and so I do. The idea that the crack addict down the street who lives off of hand outs has an equal say in what happens in this country as some one who has studied and practices constitutional law is appalling.
Our corrupt system aside, I agree that the government has passed some horrible things in the name of security. The idea of being declared a terrorist and interred by the military with out cause is appalling, just as the murder of Anwar Al-Awlaki with out due process should not have been tolerated. However, waking people up from complacency is not something done with felony arrests
Actually, that's exactly how it is done. The absurdity of these charges clearly shows everyone across the nation with any common sense at all just how over reactive and corrupt the Texas legal system and general polity is. Civil disobedience is a misdemeanor at most, a felony charge is not only absurd but will backfire on the government, only serving to make support for the OWS movement broader and more intense.
This is a change. Houston cops used to toss people in the bayou.
Ha...ha...ha.. Their selfishness will come back to haunt them with a felony conviction on their record. Truly fitting for these left wing thugs.
You are a sad man if you see them as "thugs"
No LB, just doesn't want his stocks to go down.
Or his profit driven taxes to go up.
And he really doesn't care who needs to get beat up, made homeless, jobless , or even killed to keep his little status quo going.
Typical Neo Rightwing Fascist.
The right didn't used to be quite so viral: To think Theodore Roosevelt might be called a Liberal today is game changing.
The things that will destroy America are prosperity-at-any-price, peace-at-any-price, safety-first instead of duty-first, the love of soft living, and the get-rich-quick theory of life.
Theodore Roosevelt
Read more:http://www.brainyquote.com/quotes/authors/t/theodore_roosevelt_4.html#ixzz1h8uIeQ20
Thanks for the quotes from Teddy. I laughed at this one:
When they call the roll in the Senate, the Senators do not know whether to answer "Present" or "Not guilty."
Theodore Roosevelt
Yes Stickerbush : That was one of my favs as well. Frankly, reading the quotes , I'd be seriously inclined to vote for him today . Regardless, of party. There's nothing approaching him running for office today. Either party.
I like this one as well. Think the congress could learn from it??
In any moment of decision, the best thing you can do is the right thing, the next best thing is the wrong thing, and the worst thing you can do is nothing.
Theodore Roosevelt
Read more:http://www.brainyquote.com/quotes/authors/t/theodore_roosevelt_2.html#ixzz1h91mxbb7
Scar, wingnuts such as Glenn Beck have already tried to vilify Roosevelt as an "evil progressive."
raddave: could you post a link:-) I believe you, but just want to see how far into la la land he's gone.....
LB, if you'd been around in the 1770s, we'd still be British... though all things considered, that might not have been such a bad thing.
You cant go a day without President Obama, Secretary of State Hillary Clinton or other government leaders expressing their outrage at countries that beat or imprison peaceful passive protesters and we try our own on charges that could end up with 2 years in prison. Double standard?
Goes to prove a grand jury would indict a ham sandwich if a prosecutor asked for it.
The felony indictment is the real criminal instrument. Charge the grand jury with felonies.
I have never attended a Tea Party or Occupy demonstration but as an Independent I always find it frustrating when one side or the other engages in hypocritically behavior. Whether it is some (not all) of the Christian Right promoting hate towards Muslims or the Occupy crowd breaking the law in the name of saving the rest of us from ourselves. While a majority of the Occupy movement does indeed have true heartfelt intentions to create a more just economic world, using social justice is not an excuse to do whatever or behave in any way you want. As mentioned I have never been a supporter of the Tea Party but to allow Occupy to break laws, litter and trespass in the name of political correctness while demonizing the Tea Party only adds to the division and hatred amongst all of us. To allow some Occupy members to operate outside the law opens the door for other groups to break the law as long as they too believe they operate in the name of social justice. Misguided men have bombed abortion clinics in the name of their social justice. With that said I commend the Richmond Occupy movement for standing with the Richmond Tea Party when the mayor used city hall to go after the Tea Party for political reasons. It also demonstrates that we can have common ground and mutual understanding without breaking the law.
The Tea Party has never broken the law. Even anti-abortion groups did not bomb any one. Single fanatics. The Tea Party is for the Constitution, limited, much smaller federal Gov.; less spending; less taxes. Free market capitalism with few regulations. Let the States make most of the decisions that affect our lives. That's it. OWS are domestic terrorists. Arrest them and throw away the key.
What a cop out. They don't do it in the name of political correctness. There are much more important issues here than littering. It really is the powerful vs. the powerless. I'll stand with the "law breakers" (powerless) Daniel Ellsberg and Bradley Manning and against the "law abiders" (the powerful) George Bush, Dick Cheney and Karl Rove and, evidently, Barack Obama.
Paul, when you equate protestors with terrorists we have lost our democracy. Go find a dictatorship to live in.
Fedupinseattle, If you're so fed up then why don't you get your ass out in the streets and march with these people or are you a 1%er? These people are in no way like the friggin' Tea Party gun toting idiots. These people are peacefully marching for your rights as an american citizen and it would do people good to Remember That! Don't sound like you are too keen on the 99% but it sounds like you are somewhat biased toward the Tea Party Rethuglicans...It's time for this inequality in the US to become narrower and a good start to that would be Taxing the Very Rich that can afford to pay their fair share, including the Corporations of America that are not hiring people but squeezing those few employees that they have so that they can increase their bottom line...btw, I'm sick of this Do Nothing Congress as well, sick of it and sick of all you sobs that criticize because of your ignorance...
I am the 99%
Paul those that bombed abortion clinics were part of anti-abortion movements. Using the same judgement you use for the OWS movement, all anti-abortion movements are terrorists. The teabagges seem to forget that the issue of Federal vs. states rights was settled in 1865 and they lost. Tea baggers aren't for the Constitution, only the amendments they agree to, the rest? the teabaggers dismiss them.
To you wingnuts saying "well they broke the law" should really learn about the Sedition act of 1918, and what it made illegal.
Peaceful civil disobedience would be for every American not to file a tax return April 15, 2012.
Kumbuyah, singing songs, and camping out won't get it done. The current crop of criminals only care about money--stealing our money.
You want to really scare the SOBs in Washington, then don't pay them. To hell with them all, at some point they have to be stopped.
I'm Tea Party conservative. I'm with you. Smaller, local government.
Debtfreeisme, While I totally agree with you about the sobs in Washington, it IS ILLEGAL not to file a Tax Return.
Agreed, it is illegal, so is theft. At some point the American people need to grow some cajones, and let these pedigreed gangsters in Washington know enough is enough. Should 140 million taxpayers refuse to file, what then?
Seems as though we are so afraid of our own government we will allow them to do anything. Grope our grandparents, our children, we do nothing. Our fear has ruined our resolve. Land of the free, and home of the brave are now just words with no meaning. We have become a nation of cowards.
Jailing those Houston protestors will be like throwing gasoline onto the fire. First, the civilized world expects Texas to be a bastion of ignorance and intolerance, and, Second, the Houston Police have a long history of being corrupt and out-of-control. So what better place to trample the First Amendment? Thanks, Houston. You've just given the Occupy Movement a cause to rally around.
They are domestic terrorists. They do not have the 1st amendment on their side.
Stop this insane equation of protestors with terrorists, Paul, or you will some day be arrested for "terrorism" for standing up for what you believe.
Paul is a Troll, all he does is post the same crap on every thing that comes up about the OWS. Ignorance is his stock and trade
Paul is an ignoramous if that is what he really believes....you can't argue with Stoopid so don't even try...Paul is a hopeless Troll....pitiful
Paul: Actually, the historic TEA PARTY were domestic terrorists. The difference is that no property was destroyed in this event.
And read the first amendment. Note the peaceable assembly and more importantly the political redress parts.
But, if you want it to spiral out of control. Remember, this is not 1930's Germany, or Syria of today.
If you push this this country to revolution, it's armed from day one. With millions of militarily trained vets.
Thats not an event to be played with in a political bs fashion.
scar..what property was ever destroyed at a Tea Party Rally? Moron And you dont have the balls for a revolution little man
Go after everyone except the Ones who Wrecked the Economy.
Don't take your eye off the Other Hand. That's the one holding the Walnut!
you mean obama, Frank, Dodd, lyndon Johnson, all progressive/socialists; All politicians who stole the social security money?
Did you think up all those talking points on yer own or did you get them From Hank Paulson?
You simply can't be this laughably ignorant... It's just not possible..
Lyndon Johnson?? LOL!!! What a rube..
I told ya, ignoramous! lmao,
No one "stole" the social security money Paul. The social security fund was always set up where any money left over afer all payouts must be hel in the form of treasury bonds and not cash. You wingnuts are pathetic.
One of our Greatest Presidents was a Progressive Republican!
The Original "Trust Buster", the very man who Broke Up Standard Oil which is Exxon/Mobil today,
Teddy Roosevelt.
He broke up all the Big Trusts/Monopolies because he saw the Damage they inflicted on the Spirit of America...
This is a "take notice" warning from Texas y'all...The state that executes the most must certainly be the #1 in quashing a national citizen's dissent uprising, part which is about, ABUSES OF POWER!
So does this signal a new strategy of tactics by the state? Are the heavy-handed responses on the way? The corporate-controlled media and their backers (share-holders) would like us to believe that "dirty-hippies" are behind these protests, when in fact that notion is a lie! There is a wide-range of citizen participation with the OWS movements across the country - The economics and politics of this country have broken down for the working-class majority, with no political will in place to bring about the appropriate corrections - Neither party leading with their ideology, has the playbook to make things better - too much greed in their ranks!
The Occupiers are making the case daily, and it's just a matter of time before the true colors and true intentions of all parties involved, will be as clear as day - The forces of justice moving in/with time, have brought humanity to that crossroad - There is no doubt in my mind, that its inevitable the bridge of social-justice will be crossed in due time...there's nothing 2012 about it!! Instead, there are social-consequences involved for oppressing and lying to people for soooooo long...the weather is even protesting!!
Rah13, My compliments, very well spoken!
PVC pipe is considered a criminal instrument in Texas ?........wow......they must have a shortage of lithium for their legislators.
So, Radave, as you see below, or could have seen, if you had read the article, something other than simply protesting was at work here, both by aim and by result.
Isn't it amazing what one can learn by reading?
I'm far from being a Republican, still less a Tea Party supporter. But none the less, I am offended by these protesters apparent sense of entitlement to take whatever disruptive action they choose to further their political agenda.
These protesters are not the moral equivalent of Rosa Parks refusing to give up her seat to a white passenger in 1955, or of civil rights marchers in the 60s.
Be serious. Rosa Parks stood up to a law that was manifestly unconstitutional. The Civil Rights protesters were demonstrating (and working) to secure basic civil rights for Black Americans. In both cases, the people involved were not intentionally stopping others from conducting their lawful business.
I just looked at the first of you links. I had to drill down through about 3 links to get to one of the movements videos. What I saw was nothing that convinces me of your position. Just a lot of loud, obnoxious people blocking a city street and chanting "Rule the Streets! Our Streets" [but apparently nobody else's].
No where did I see a clear statement of the movement's intent, program for action or anything else actionable, just a bunch of people obstructing other people ...and doing their best to get in the faces of the police too.
Yes, there are huge differences between deceived, ignorant and unintelligent. Then there is a special category called self-deceived.
I saw no parallels with the civil rights protesters of the 60s, who were polite, non-obstructionist and had a clear message. There maybe parallels to Students for a Democratic Society or the Weathermen, but I am not sympathetic to such means or methods.
You see Texans are supposed to be the Baddest Lawmen out there even if they are attacking the wrong path to Justice.
There are many venues where the Occupy Dramas will unfold and the Law will go after the wrong Culprits.
Now let us see if Texans have the Intellectual capacity to cure the Disease instead of being mislead by it's symptoms.
Which one of the Great Legal Minds out there will summon the Courage to step into the Breach.
America is parched in the Desert of Justice...
Random fact, a couple of weeks ago researchers at Texas A&M found a way to kill HIV on contact with topical treatment. So before we go attacking people's intelligence based on a state, maybe we should think about it a little bit deeper than Texas has cows.
(Your disease analogy reminded me of that so I had to through it out there)
You can't cure a Disease by only treating it's symptoms.
You have to take out the Pathogen to cure the Disease.
Protesters are just the Symptoms of the underlying Disease Process...
Big mistake Texas, you may have just ensured the 'American spring' is coming
Department of Justice TX has exaggerated the situation to which they are not supposed to be charged with Felony in which it is only fit for violent crimes to which nonetheless they have exercised their First Amendment in which the pipe has not become the violent weapons to which they have not attacked nor held onto any weapons.
Their hands are tied up and they are completely immobile to which that means that they cannot become a violent person. They do not have any physical force for which they cannot commit any crime.
It was a Grand Jury that indited the lawbreakers. Breaking the law is not a First Amendment right.
As if you Chairborne Warriors have the balls for a revolution roflmaof
I don't know if the protesters understand or not but interfering with interstate commence is a Federal crime and can land them in a federal pen for 20 years and you will do the whole time there is no parole.
At least then they will get what they seem to want, room and board provided by the federal government.
Peter17,
There are any number of charges that can be brought against these protesters who are carrying out their protests in broad daylight, but what of those who hatched their brand of Economic Terror behind closed doors and unleashed it on unsuspecting Americans?
These Protesters would not be out there had they been brought to Justice first.
What say you to that Peter?
Exactly what laws were broken by those you are complaining about "behind closed doors"?? Madoff and several others are in prison, having been convicted of breaking laws that are on the books. Being greedy has never been a crime. If you don't like it, I suggest living in a country like North Korea where greed is not a "problem".
Catching one guy out of thousands and only doing so because his scam collapsed and wiped out billions of dollars isn't much. Too many of them get away with stuff that's just as bad as what Madoff did.
I think there should be a type of Godwin's law that applies to people who use the "if you don't like it here you should go somewhere else" argument.
C'mon Peter, you know better then that. You know what I am talking about. I know you're smarter then that.
A Truther Nutbag....suprise suprise
What a surprise - ONCE AGAIN: REDNECK TEXAS.
Is it too late to this state back to Mexico?
Those of us in Texas would be far better off being our own country again instead of having to put up with all the whining liberals and progressives in the rest of the country.
I don't think it's fair to call them rednecks. The term redneck is derived from the idea that you are out all day in the sun working, so you end up with a burnt neck. In the small red state I grew up in, we would not be willing to extend that term to Texas.
I stand corrected - thank you. =)
The police and the district attorney’s office have discretion in determining the charges
Huh......I've known this as a matter of fact, but haven't stopped to think about it. That seems like a rather bad idea: either the people who were PO'd enough to arrest someone get to decide the charges against them, or someone who makes their living off of guilty verdicts does. Yeah.......that seems flawed.
Our Constitutional Rights are being stripped away because the people running this country don't want dissention, it's not in their interest. They like things just as they are and when their corruption, lies and deceptions are threatened they will stop at nothing to beat down anyone or anything that stands in their way. If you ask most Americans they have been convinced by the media that the OWS movement is just a bunch of spoiled brats who have nothing better to do but cause trouble. People will remain willfully ignorant. They'll wake up one day in shackles and wonder what happened to their rights, their money, their lives, their homes, their jobs and the American Dream. The American Dream was thrown overboard thirty years ago. Wake up people before it's too late.
Our Constitutional Rights are being stripped away because the people running this country want to control their "ignorant subjects" from cradle to grave. They like things just as they are and when their corruption, lies and deceptions are threatened they will stop at nothing to beat down anyone or anything that stands in their way with punitive regulation & taxation. If you ask most Americans they have been convinced by the media that the Tea Party movement is just a bunch of old white rednecks who have nothing better to do but cause trouble. People will remain willfully ignorant. They'll wake up one day in shackles and wonder what happened to their rights, their money, their lives, their homes, their jobs and the American Dream. The American Dream was thrown overboard 70 years ago by the likes of FDR, LBJ, Jimmy Carter and the Democrats that have been transformed into Marxist/Socialists. Wake up people before it's too late.
It's unfortunate you don't understand the loss of Constitutional Rights isn't a partisan issue. But if you want to do so you should remind yourself who was in office for the Patriot Act first.
"So if these protesters got arrested, I'd say they deserve it."
Anybody who is arguing that theses protesters shouldn't get arrested is missing the point. Part of the idea of civil disobedience is being willing to deal with the consequences peacefully, which often means getting arrested. Charging them with a felony is another story. That's just a ridiculous waste of resources in an effort to discourage other Occupiers from "acting up."
Every person who has ever been found not guilty was indicted too. Did they charge the plumber with possessing PVC too?
With a felony arrest, not even a conviction, it may be hard to buy a weapon.
And if they are bullyed into taking a 'deal', they may end up with a charge that doesn't allow them to own weapons or vote.
Exactly as planned.
In the words of System of a Down....
There trying to build a prison for you and me.