Sunday, 3 February 2013

FLOOD THE COURTHOUSE AS 2ND CIRCUIT COURT OF APPEALS RULES ON NDAA! 6 February at 09:45 in EST 40 Centre Street (40 Foley Square), New York, NY 10007



    Dear Friends,

    This landmark court case may have global implications. Thus anything that is tethered to this case, both inside and outside the courtroom, should proceed in only the most thoughtful and strategic manner. We should not look at this event as a typical protest action, this is a hybrid campaign …one part litigative (seeing a legal challenge to § 1021(b)(2) …one part public relations effort to change the public's perception of the bloated security state. Should we succeed in winning a permanent injunction against indefinite detention, we will prop open the door for dozens of legal challenges to previous grotesque uses of powers by the security state (both at home and abroad). But first we must win …and the plaintiffs have put a great deal of thought into what may be the best course to take there. The following is a list of ways attendees at Wednesday's court date can assure we stay on the track to victory, some may be obvious, others may be less obvious, but we ask that you become familiar with this these suggested guidelines and share them with others.

    1.) This is not a protest rally, this is an outpouring of solidarity, both with the plaintiffs and with the faceless victims of prosecutorial over-reach at the hands of this nations security apparatus. Just being there, (preferably well dressed and well behaved) sitting in a seat, or standing in the back row listening, no matter how subdued, IS DOING SOMETHING. The judges are used to making appellate rulings with no more then a half dozen counsel in the room, our over-flowing presence will make them remember this day for the rest of their careers.

    2.) No matter how outrageous or ugly one argument may sound (i.e. McCain et. Al) do not yell out, snicker, or flip them the bird. The three judges who will ultimately rule could be prompted to take their distain out on the attorney's for the plaintiffs (limiting their rebuttal times, etc). This should not, BUT COULD, impact the ruling and we cannot afford to have anything potentially impact the ruling negatively.

    3.) Don't get antsy if you cannot get into the courtroom, the clerks have made it clear that they intend on opening a second room with a closed circuit television so you can view the proceedings in real-time. Should that second room overflow, please try to see this as a good thing, and stay together as a well behaved group in the hallway.

    4.) Once court adjourns, we will exit the court and go across the street to Foley Square where at the base of the fountain we will hold a press conference to brief the media on what transpired inside the courtroom. We ask that everyone attending remain quite as possible as the media will have to record each presenter's statements. We will have a series of mic lines and equipment set up but we will not be permitted to have amplified sound, so please respect those who will be talking, and others who wish to listen to the plaintiffs debrief, by being quite during their statements.

    5.) Be prepared to be asked by the court to check your electronic devices in with security. They will provide you with a cubbyhole and key for your stuff. If you are a journalist with a camera, or a live streamer with a mobile device and wish to cover the press conference we would suggest leaving the courtroom 10 minutes prior to when you observe it is likely to adjourn, this will allot you enough time to get your gear and get outside to the press conference.

    6.) We are also politely asking those who wish to bring a sign to keep signage on message. We all support a variety of causes (as we should) but on this day alone the plaintiffs have expressed interest in displaying only a narrow message pertaining to indefinite detention.

    7.) Because the media will likely want to get comment from attendees as well as plaintiffs you should become familiar with one-line talking points about indefinite detention. Please visit for more information and practice or memorize one-line soundbites about the NDAA should you be put on-the-spot by a television reporter.

    8.) "Never doubt that a small group of thoughtful committed citizens can change the world. Indeed, it is the only thing that ever has." - Margaret Mead

    6 February at 09:45 in EST
    40 Centre Street (40 Foley Square), New York, NY 10007
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