Thursday, October 11, 2012

Third Northwest activist jailed for staying silent

“Today is October 10th, 2012, and I am ready to go to prison,”announced 24-year-old Leah-Lynn Plante yesterday. By Thursday morning, the Portland activist was in custody and could remain incarcerated in a U.S. federal prison for 18 months, although she has not been charged with a crime.

Along with two others in the Pacific Northwest, Plante was remanded into federal custody for her refusal to provide a grand jury testimony regarding activists in the region. Matt Duran and Kteeo Olejnik were jailed in previous weeks for, like Plante, refusing to cooperate with a grand jury. All three are now being held in U.S. federal prison, not because they are being punished for crime, but, as the National Lawyers Guild’s executive director Heidi Boghosian told me earlier this year, “to coerce cooperation.”

Writing for Truth-Out in August about the Northwest grand juries and those resisting cooperation, I noted that grand juries “are among the blackest boxes in the federal judiciary system.” The closed-door procedures are rare instances in which an individual loses the right to remain silent. As was the case with the Northwest grand juries resistors, the grand jury can grant a subpoenaed individual personal immunity; Fifth Amendment rights against self-incrimination are therefore protected, but silence is not. In these instances, refusal to speak can be considered civil contempt. Non-cooperators can be jailed for the 18-month length of the grand jury. More