Weapon of Mass Destruction Here Plowshares-
Index of Legal Documents and Updates
Carl Kabat, Michael Walli, Greg Boertje-Obed
Burleigh County Jail (moved back to Bismarck in first part of August)
P.O. Box 1416
Bismarck , ND 58502
Legal Update:
Trial: September 13-15, 2006, Courtroom 1
US District Court of North Dakota
220 East Rosser Ave.
PO Box 1193
Bismarck ND 58502
Judge: Chief Judge Daniel L. Hovland
Clare R. Hochhalter representing USA (Plaintiff)
PRO SE Carl Kenneth Kabat (Defendant) Mandy Maxon-court appointed stand-by lawyer
PRO SE Gregory Irwin Boertje-Obed (Defendant) Jeff Weikum-court appointed stand-by lawyer
PRO SE Michael Robin Walli (Defendant) arranging for Bill Quigley-counsel
Motion to Dismiss
Discovery Motion &Memo
US Response 8/30/06 (PDF file)
Francis Boyle Declaration (PDF file)
Hiraoka Testimony, International Court of Justice
International Court of Justice Opinion on Nuclear Weapons
The Bulletin on Nuclear Weapons, 2005, 2006
Discovery Pictures from US Attorney
Testimony of Francis Boyle on International Law, from US District Court, Mass. 1988 (what he could testify to today)
Indictment
August 9, 2006
Kabat, Walli and Boertje-Obed are charged with one count of felony destruction of government property in excess of $1,000.
The U.S. Magistrate Judge ruled on their motions on August 9 with the following outcome:
1) Motion to admit Bill Quigley pro hac vice – DENIED;
2) Motion to allow Bill Quigley to be advisory counsel – DENIED; (magistrate says they have local advisory counsel, that is enough);
3) Motion for Access to Law Library that contains Federal and International Law Books – DENIED (magistrate says international law is irrelevant and is sending them one book - federal rules of criminal procedure -
4) Motion for Continuance - DENIED – (the fact that they want the one advisory counsel to participate who has a scheduling conflict is insufficient -- that advisory counsel is ordered to immediately withdraw and someone else will be appointed. Trial is 30 days away);
5) Motion to Compel Discovery – GRANTED (with conditions);
6) Motion for Defendants to be Included in all Telephone conferences, Hearings and Meetings – DENIED as moot;
7) Motion to Extend Deadline to File Motions – GRANTED;
8) Motion for Copies to be made by the court because defendants do not have 25 cents per copy - GRANTED.
The defendants appealed the Magistrate's rulings and U.S. District Judge Daniel Hovland upheld the August 9 decisions.
July 5, 2006 Carl, Greg and Mike are brought to the Bismarck US District Court for a detention and probable cause hearing. Assistant U.S. Attorney Clare Hochhalter argued that Carl Kabat, Greg Boertje-Obed and Mike Walli were a danger and a continuing threat to the the community. The Plowshares men said that they would each follow their conscience if released, consequently the U.S. Magistrate Judge ordered that they be held without bail and told the peacemakers that they could spend the rest of their lives in prison. They have not been indicted yet. The peacemakers were told that the trial would be in September, and that there would be a pretrial hearing soon. (more)
June 29: Carl, Greg and Mike are moved to Burleigh County Jail so that they are near the Bismarck US District Court. A detention hearing is scheduled for July 5 in front of US Magistrate Judge Charles Miller. The men are given a complaint indicating they will be charged with 18 US Code 1361 (depredation of property) and 18 US Code 2155 (Sabotage).
June 23: Federal detainers delivered to the jail, according to McLean County Sheriff Don Charging
June 21: court appearance in Washburn, North Dakota before South Central District Judge Bruce Romanick.
McLean County Sheriff Don Charging said the three are being charged with criminal trespass and criminal mischief, both Class A misdemeanors, and bond was set at $500 each.
The FBI is involved in the case and federal charges may be pending. (more)
June 20: arrest, held at McLean County Jail