Iraq war protester loses appeal of trespassing conviction
Published Saturday, November 22, 2008
Digg
delicious
Facebook
Mixx
Reddit
Stumble It!FAIRBANKS — An Iraq war protester lost his appeal of a trespassing conviction stemming from a demonstration that took place in February 2007 at U.S. Sen. Ted Stevens’ Fairbanks office.
The court of appeals released its opinion Friday.
Don Muller, who runs a book store in Sitka, belonged to a group of people who were at Stevens’ office reading the names of fallen soldiers when an office employee asked them to leave. It was 4 p.m. — closing time for the office.
Some of the protesters refused to leave and three, including Muller, were arrested.
Muller was the only protester whose trespassing case went to trial. Charges were dismissed for the other two. A jury convicted Muller of trespassing in April 2007.
Muller appealed saying the judge did not properly instruct the jury about his “necessity defense,” which is that he was trying to stop a significant evil — the war — and that he had no choice but to trespass to reach that end.
The appeals court ruled that Muller’s conviction stands because he did not object to the judge’s jury instruction during the trial.
Additionally, the court ruled that Muller’s necessity defense should not have been allowed.
“Even if Muller reasonably believed the war in Iraq was illegal and morally wrong, he offered no evidence that his protest had any realistic hope of ending the war or that it would be any less effective if it was completed during normal business hours,” the opinion stated.
Muller did not hire an attorney, opting to defend himself at trial.
“I was there alone in court, trying to do the best I could,” he said. “I had no idea that it was something that I should or had to object to.”
As for whether he feels his effort had any impact on the war, Muller said, “The war continues. People are dying.”
Contact staff writer Amanda Bohman at 459-7544.
Community Discussion
Newsminer.com doesn't necessarily condone the comments here, nor does it review every post. Read our full user's agreement.
POP!
POP!
POP! POP!
POP! POP! POP!
POP!
POP!
POP! POP!
POP! POP! POP! POP!
POP! POP! POP!
POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP! POP!
POP! POP! POP! POP! POP! POP! POP! POP! POP! POP!
POP! POP! POP! POP! POP! POP!
POP! POP! POP!
POP!
POP! POP!
POP!
POP!
[Grabs bowl]
Munch, munch, munch...
how does that saying about lawyers go? even wise ones don't defend themselves? or something like that
solidarity to you Mr. Muller. Thank you for your courage. peace
Found the saying; "He who represents himself has a fool for a client and an idiot for a lawyer."
How many Lawyers does it take to screw in a lightbulb?
Mr. Muller may be guilty of trespassing, but the people who's actions he was protesting are guilty of war crimes. Thank you, Mr. Muller, for trying to stop the misuse of our soldiers against innocent people in this illegal, immoral invasion for oil based on a pack of lies. You're a true patriot.
I say thank you to those who have served and are still serving in this unpopular war. You're the true patriots.
doris-and others, "(soldiers) are guilty of war crimes." How is seeking out, arresting, or defending oneself against terrorists who don't even fight fair a war crime? Losing your leg and eye when a house blows up because some rigged it, intending to kill you is not innocent. Our guys are over there losing their lives, either physically or emotionally, for people like you who can't even appreciate it. It may seem that progress is not happening, but every morning when I am safe to let my kids play outside, and safe to go grocery shopping without worrying that we might be blown up or shot by some religious extremist, I KNOW progress is happening-because Our Troops are keeping those creeps over there in there own country.
To all our military guys (and gals):
WE ARE HERE BECAUSE YOU'RE THERE, we love and miss you-THANKS!!!
MBinAK--
Thank you and MEGA DITTO'S!
I'm from a family of military men a mile long!
My children know how to appreciate their dedication
and patriotism!
Godspeed to out guys and gals in uniform!
Blessings,
Peace
OOPS! I get so excited to talk and brag up OUR military my post SHOULD have read " OUR guys and gals"!
But at least I get to say THANKS again!
Peace
an aside: Why aren't we attacking Saudi Arabia where the 9/11 terrorists came from?
At least he had the stones to do something other than complain and to stand up for himself afterwards. I'd buy him a beer.
The_Alaska_Curmudgeon What are you saying? shoot him?
Considering the old question about, "What do you call 10,000 lawyers at the bottom of the sea?" (answer, "A good start"), I'd say this is a good beginning. Now we only have 9,999 more to go...
Mit,
I think TAC was saying, "Get out the popcorn..."
TAC,
Please correct me if I'm wrong.
Oh yea I see it now Dooh!
yeah... kudos to our kids over there in iraq and afghanistan doing such a fine job. poo poo on the ones who are so danged sure that their view of things is right and gives them permission to break laws.
Polarmark-
Did you just say, "poo poo"? You, my dear, have sunk to a new low.
Ironic. Just as doris has said, many an American soldier feels that their view of things is right and, therefore, gives them the right to break all kinds of laws, be indecent and completely disrespectful to the citizens of the country they are invading.
Again, ironic.
I just think it's unconscionably lame that this gentleman was simply standing in a place of public access, forcing those around him to remember those that have died defending their country and rights, and his reward was this.
The guilty only get pissed off when they're caught. Sounds like the folks in Mr. Stevens' s office got caught forgetting the armed forces.
I say 'good on ya', Don Muller, for not only having the bollocks to continue to stand up for your own beliefs AND for the servicemen and women, but also for taking full responsibility for yourself, in court and out of it.
again. If the current set of wars is about fighting terrorism why didn't/don't we attack Saudai Arabia,the country where over 90% of the 9/11 terrorist came from?
Dana and sniffles-
I have to ask: Why are neither of you serving? Why are neither of you in uniform? Seems as though it is just as easy to state your support as it is for the rest of us to state our disapproval.
Yeah, Mit, Doug caught my joke, and it looks like you did as well after a second look. I was just assuming that this one would provide the maximum entertainment value for the day, but now that the Palin Celebrity Power story has gone up, this might fall by the wayside. Such is the nature of things.
I'd never advocate shooting anyone, by the way. I respect Mr. Muller's right to his opinion and his willingness to follow through on it. But it's my experience that civil disobedience only cheers the converted and angers the opposition. No one's opinion is ever changed by it, they only get hardened. Also, I consider acts like this to be at least partially motivated by a desire for self-promotion.
Anyway, he didn't do anything violent, didn't commit a property crime, just made a pain in someone's butt out of himself. A few hours of community service is the most he should be sentenced to. It's not worth sending him to jail over.
Curmudgeon, never fear!!! Just look up "turkey-gate". Sarah will be entertaining for days to come with that one! You should lay in a stock of Jiffy Pop while you can! :-P
i guess the new tv season leaves much to be desired
polarmark: You guys are far more entertaining than television. Even reality TV can't compete.
The only drawback is, I can't vote a few of you off the island. Oh well, you all would just do likewise to me.
fsmnh2: I'll wait for Tofurkey-Gate. It will involve Denis Kucinich, an unexplained tryst in an out of the way Washington hotel, and a package of soy product. Further details pending...
haha yeah.... we're stuck with each other. i'm sure this is more entertaining than the new tv season. i tend to work evenings so have never seen any of it.
I spent the first 17 years of my life supporting my dad, who was in the Air Force, and gone for much of those years. When he retired, my mom was even given an appreciation of HER military service for being married to him for his 20+ years. All of us kids knew what it meant to serve our country, because we gave our dad to the cause, and for some of us, our childhood was very short too. I married an Army soldier after that, and again, lost a great deal to the Army. Now he is a police officer, and trying once again to keep our country safe.
It sounds to me like DANA and SNIFFLES have given much of the same. We don't have to serve as member of the military to greatly serve our military. We can say THANKS just because, like I said, we are free to live without constant fear. Our kids can play outside and only worry that a moose might charge them, but not some taliban idiot with a bomb attached to his chest. and THAT is why we say thanks to our vetreans-for doing a job none of us had the willingness to do.
As for the article, yes, the constitution gives even idiots the right to freely protest. But the law says if they are on someone eles's property, they have to leave when they are asked, and if they don't, they can be charged with trespassing. He was trespassing, whether you think his cause was valient or stupid, he broke the law. That is not my opinion, just truth.
My opinion is: if disagree with the war, FINE-but don't brag about it, protest it in public, etc.. because there are hundreds of very young men, and older ones to, giving us the freedom to protest against them and they don't need to hear that "we" are not even supporting them.
Patriotism, like heroism comes in many forms. Those who are willing to put their lives on the line in defense of their country are truly heroes. But, in the case of the war in Iraq our own government has betrayed them. The war in Iraq is an illegal war, based on lies, and it's goal is not to fight terrorism but to enhance corporate profits.
Mr. Muller too, is a hero for standing up for what he believed in. And as we all know now, Ted Stevens is a crook.
Trading American lives for corporate profits is a despicable war crime and those responsible should be prosecuted.
Hi imusually right (wrong-and extremely opinionated)
You ask why aren't I serving.
Well my dear, I'm busy raising the next generation of patriotic citizens.
I'm also working closely w/ the men in my family to support and respect their work in other countries to free those enslaved by terrorism and tyranny....
ALSO, I (we) are praying/working earnestly for release of those captured and tortured in the name of communnisn, (so I can't spell) and domination by those who seek to destroy freedoms and religion in all countries whose leaders spit on the common man.
Want more?
My grandfathers were both in ww1, my uncles in ww2, my father,3uncles 1 aunt were in Korea, My cousins fought in Vietman, my brother and cousin are Gulf War vets, and my brother & close cousins, and MANY friends were/are in Iraq, Iran, Afganistan, and others.
Want more?
I support Mullers right to protest.
HOWEVER- when asked to leave at closing time, for various security reasons, he refused. That is now trespassing.
He fought, got the word out, it's over.
I ask what is HE doing to show support for the gals and guys over there?
If he needs to protest,I say use caution
We fear another come back.... AKA.... 1972-1976.
They are doing a JOB!
Picked by the USA to do a JOB!
Thank you military for the tough job you do for ours/others freedoms around the world!
Hey --how's that for an answer?
Anything more from you on what I'M doing is just you being a stinker looking for a conversational fight!
Want more? I don't think so.
Oh BTW-- Thanks to polarmark for the kinder use of creative speech ;]
Peace, Baaa
Peace
Very predictable, thank you.
Your welcome kind sir
Peace
Sweetheart, I'm not a "sir".
JoeMurphy -- what is your basis for calling the removal of the Husseini regime illegal? Here are the legal bases for the action:
http://www.iraqwatch.org/government/US/L...
http://www.whitehouse.gov/news/releases/...
Not even Constitutional Law scholar and president-elect Obama has called it an illegal action. He calls it a "dumb war", but not illegal.
chewtoy -- this may be news to you, but Al Qaida has its base along the Afghani/Pakistani border, not Saudi Arabia. You're off base by almost 1,000 miles. Anyway, the United States has had an active treaty to protect the House of Saud since WW2 (see FDR). It would make no sense to invade a country whose government has been very helpful and active in the GWOT. It does have a problem with some of its fundamentalist Islamist clerics and believers, but then so does the rest of the world.
I think the fellow was perfectly within his right to demonstrate his opinion. I also think that the state is perfectly within their right to enforce their regulations. He could have come back the next day and the next day and the next day..... during business hours, just like the rest of us. He should get no special treatment. He has the same rights as other pro-Lifers.
I just see this guy as another common criminal. He broke the law and tried to grandstand a defense for doing something he should not have. Go Justice. I say make the punishment fit the crime make Stevens serve part of his time at this bozos house, after hours of course.
On the question of morality, I find for Mr. Muller. Invading a foreign country without declaring war is constitutionally illegal. Just ask Mr. Madison and Mr. Jefferson.
But trespassing is illegal just the same and so in this case I find for the government.
Court adjourned.
Prospector,
It was and still is an illegal war because our president lied, deliberately, about weapons of mass destruction. This is common knowledge now--there were no weapons of mass destruction and those at the top knew it. They even outed a CIA agent, Valerie Plame, because her husband, Joseph Wilson, dissented. There was then, and now, no basis for the invasion of Iraq. It was and still is a war in which our current regime trades America's Best for corporate profits.
You're quite correct as to Al Qaida has its base along the Afghani/Pakistani border and this war has been essentially ignored in favor a the invasion of a country with vast oil resources. Still, almost all of the 911 Terrorists were from Saudi Arabia, the same country that spawned Osama Bin Laden. Most Americans seem content to also ignore the special relationship between the Bush family and the Bin Laden family, another sign of the horrendous corruption that has infected our government.
I notice both websites you contributed are US government sites but the UN disagrees.
http://www.hrcr.org/hottopics/Iraq.html
MBinAK - I have never accused soldiers of war crimes. Their Commander in Chief and his administration, who lied to America and the world to invade Iraq for its resources, are guilty of war crimes. They weren't mistaken about the WMDs and the lack of Saddam's connection to 9-11. They lied. We know for sure now that they lied over 900 times before the invasion on every outlet their allied corporate media had to offer to try to convince the world that America had no choice but to invade. Colin Powell lied when he gave his infamous speech at the UN. Bush lied when he gave his 2003 State-of-the-Union address, and Dick Cheney lied on 'Meet the Press' about the meeting in Prague.
The soldiers have no choice but to do what they're ordered to do, and have done, and are still doing a stellar job in a hideous situation that was supposed to take "six months, tops," after Iraqi people were to have greeted them with flowers. That six months has turned into six years of devastating loss for both countries with no end in sight (judging by Obama's hawkish cabinet choices). More than a million Iraqi men, women, and children are dead and millions more are injured. Five million are displaced, their homes destroyed, and their homeland poisoned with DU. Over four thousand soldiers have lost their lives, tens of thousands have lost parts of their bodies and parts or all of their spirits, doing an honorable job for their dishonorable leaders. The people whose proven lies have caused the world such devastating grief and anguish should be in prison for war crimes, not the soldiers, and certainly not Mr. Muller, for speaking out against the perpe-"traitors" of those lies.
I do have to add that I think the real military is being ripped off in more ways than one by the mercenary soldiers of Blackwater and other contractors. They are not held to any military code of conduct and are literally getting away with murder and other heinous behavior. Those pseudo-soldiers ARE committing war crimes and they and their companies should be prosecuted to the full extent of national and international law.
Joe Murphey;
With all due respect, you and Prospector are both wrong. Whether Al Quaeda was in Iraq or not, or whether Sadaam Hussein had WMD's or not, is immaterial. Trying to prove whether the President deliberately misled congress or was simply a victim of his naivety is also a waste of time.
Everyone here is missing the point. The Constitution of the United States allows only the Congress the power to take the nation to war, either by declaration in the case of facing a hostile foreign government, or by Letter of Marquis and Reprisal in the case of a hostile non-government entity such as Al Quaeda. In the case of Al Quaeda this was properly done. However, congress did not declare war before we invaded Iraq, instead in a very cowardly manner, simply gave the president a blank check to do whatever he wanted by vague resolution, a clear abdication of its authority and if you ask me, one of the most consequential legislative failures of all time.
Mr Bush, for his part ignored the Constitution as well, took the resolution and ran with it, doing what the Founding Fathers would have considered most criminal as far as the highest law of the land is concerned:
"""The power to declare war, including the power of judging the causes of war, is fully and exclusively vested in the legislature . . . the executive has no right, in any case, to decide the question, whether there is or is not cause for declaring war. The constitution supposes, what the History of all Governments demonstrates, that the Executive is the branch of power most interested in war, and most prone to it. It has accordingly with studied care vested the question of war to the Legislature.""" James Madison (Letter to Jefferson, c. 1798.)"""
Joe Murphy and Doris --- this subject has been hashed over in exactly the same words since 2003. The fact remains that no court has brought suit against the current administration over the facts or the assumptions and inferrences made in 2002 leading up to the invasion. The Bush administration didn't have to make anything up. The previous administration had already done that and laid the groundworks for the invasion. Besides, your numbers are grossly exaggerated and misapplied. Hey, over a million Americans have died during the last six years.... just from smoking alone. Maybe they smoked because of George Bush and the Iraq War?
Murphy, I gave you the legal bases for the removal of Saddam Hussein. Those are the laws that I gave to you. I don't give a flying hot dog about what the UN had to say. They were so scandalously indebted to Saddam that they could not make an objective decision.
But now, the Iraq war is over. Our Armed Forces, the Coalition Partners, and especially, the Iraqi people have won their freedom. No thanks to you. Where were the "Human Shields" when the Iraqi people really needed them? We strengthen our freedom through the enlargening of freedom elsewhere. You may not recognize this, you may ignore this, you may resist this, whatever. Wave a rude sign and make a pain of yourself if you think that's what wins liberty. Fool! President Obama may now safely and triumphantly begin to withdraw our Armed Forces under the agreement made by Bush and Maliki. I think that President Bush will graciously allow him to take credit for whatever he can garner.
Further, Afghanistan has not been ignored by the U.S. It's just been undermanned by our NATO allies. Note that when Senator Obama went on his campaign tour to Europe that this was the primary issue that he discussed with the leaders of Germany, Italy, Spain, and France. He told them that they need to comply with their treaty obligations and man up in the WOT in the ugly places of the globe. When AQ attacked the World Trade Center, they attacked the world -- not just the United States.
Tundra Rebellion -- excellent. Now can you give us a lecture on the War Powers Act? I would think that liberals, of all Americans, would endorse the flexible, evolving, living Constitution --- morphing by will to accomodate the needs of the day.
Prospector,
I believe the war in Iraq is a wonderful example of the absolute, collosal failure that is the War Powers Act of 1973.
Oh, and I can't think of any greater threat to liberty than the notion of a "flexible, evolving, living Constitution".
TundraRebellion -- well, we agree then. Take it up with the left-wing of the Democratic Party and P-E Obama. Sounds like you should get to work on the repeal of the War Powers Act. How do you propose to do this?
Prospector, anyone who thinks the war in Iraq is over, is a bigger fool than I am. The bombings still continue, American troops dare not stray from their bases unless fully armed and ready for combat.
As far as the legal basis, this came from a president who has referred to our constitution as "a god damned piece of paper."
So don't try to justify the deaths of American patriots for the continual profits of KBR, Blackwater, and the numerous corporations who continually reap huge rewards from the blood spilled in Iraq. Don't stand on your soapbox and tell me about a victory at the expense of over 90,000 Iraqi civilians who have been liberated only from Life in this horrible conflict. Don't talk to me about a government who promotes torture, who has ignored the Geneva Convention, who spied on both civilians and military personal through illegal phone taps.
I'm certainly not surprised at your disdain of the UN, obviously Peace and Democracy don't compare to your blind allegiance to the Right Wing philosophies that have wrecked our reputation in the world, all but destroyed our economy, and sentenced over 4,000 American men and women to a needless death.
The Constitution is a living document for the advancement and freedom of the American people. It's not a tool to be used to justify an illegal war, corporate profits, or idiots too brain dead to know the difference between what is morally right and wrong.
Prospector,
I already have my hands full with the 10th Amendment, but maybe you can help out with that one(War Powers Act of 1973).
Joe Murphey,
Sorry, but it's your "living document" idea that got us into this mess(Iraq War).
Tundra,
Sorry, but it's not my idea. The Constitution's meaning has changed over the centuries. There was a time when, if a natural disaster occurred, it wasn't our government's responsibility to assist the unfortunate people involved. Now we routinely do so. But I do understand your point.
Joe Murphey.
I apologize. I should have said it was the generalized "living document philosophy". Indeed it was not "your idea" personally.
I agree there was a time when it was up to local state/state governments as well as public charity to respond to natural disasters and now it is up to the largess of the federal government. This and along with a multitude of economic calamities and social ills both foreign and domestic have led our federal government into ever increasing deficits and debts it may never repay.
Doris: your quote, "Mr. Muller may be guilty of trespassing, but the people who's actions he was protesting are guilty of war crimes. "
the people whose actions he was protesting-doesn't that translate as soldiers, doing their job? Or you are saying you meant he was protesting President Bush? nah.
I am not big fan of this war, quite honestly...but, I understand the necessity of it. I doubt you could really think that pulling our troops would end the killing. It would likely result in more attacks on the U.S..
I am proud of my military family. I am a Daughter of the Revolution and have had a family member in every major war in the US history to include, my grandfather in WWII, father in Vietnam and my husband fought in Iraq. I am always amazed and disappointed in the people who are not educated in what the true stories are behind the news. The humanity of the soldiers and their efforts to better not only our country, but that of others around the world.
Thankfully today, there is NO draft because of the brave men and women who volunteer to serve in the military, to stand and protect in an unpopular war. Bravo!
However, I also believe that they fight for people's rights to live in a free world, to have the freedom of speech. So protesting the war at the office is fine, doing so peacefully, but he crossed the line when he refused to leave at the appropriate time.
Great for people to stand up for their beliefs, but don't be a martyr for them and cross the line of justice our country has set for many years before this unpopular war started.
you can support the soldiers without supporting the war...
"Very predictable, thank you."
Yes. You are.
Peaceful civil disobedience sometimes is the only way to take a stand. Without civil disobedience lunch counters still would be segregated and the excuse of separate but equal would still be the law. Our own revolutionary leaders defied England and dumped tea into the Boston harbor among other things to make a point about taxation. It is time we remembered that bad laws and bad wars stay on the books until good people defy them.
excellent post NOONE, some people on here seem to confuse patriotism with blind faith rather than taking an intelligent stand.
after a half a decade and trillions of dollars we have lost somewhere around 4500 troops (about 2/3 of what was lost the first day at Normandy and yet our target (Bin Laden) still remains free. what have we accomplished?
Post a comment
Commenting requires registration.