November, 20 2013, 08:15am EDT
Bail Already Posted for Nine of the Arctic 30
AMSTERDAM
Greenpeace International today said it has already posted bail for nine of the Arctic 30, but does not expect them to be released before the weekend. Lawyers say they are making bail payments - set at 2 million rubles (45,000 euros) for each detainee - as quickly as they can.
At court hearings this morning Faiza Oulahsen from the Netherlands and British citizen Alexandra Harris became the 13th and 14th Arctic 30 prisoners to be granted bail. After getting bail Faiza was asked by a friend what she will do when she is released from prison. She replied: "I'm going to have a good meal, and I'm going to call my family because I haven't spoken to them in more than two months. I'm going to enjoy the fact that I can walk more than just three yards in the cell, and some fresh air." On the palm of her hand was written the words 'SAVE THE ARCTIC'.
At her bail hearing, Alexandra Harris told the court: "Every day in prison for me is connected with the struggle." She also said: "I joined Greenpeace because I care about the environment and think the Earth should be saved for future generations."
Lawyers for Greenpeace today said there are a number of bureaucratic issues to resolve before any of the Arctic 30 are released from jail and they do not expect any of them to be out of prison until the weekend, possibly later. It is still not clear whether their movements will then be restricted. None of them have passports after they were confiscated following the seizing of their ship Arctic Sunrise by Russian security forces. Greenpeace cautioned that the detainees will not be free until they are home with their families. They are still charged with at least one very serious offence and if convicted could face years in prison.
Faiza's mother, Mimount Oulahsen, said today: "This news is a huge relief, even though it doesn't mean this is all over now. But Faiza has a strong personality, and she doesn't give up easily. We cannot wait to hear her voice, and to see her again."
The International Tribunal for the Law of the Sea (ITLOS) will announce its ruling on Friday in a case brought by the Netherlands seeking the immediate release and repatriation of the detainees, and the end of all legal proceedings against them. Twenty-one judges will give their verdict at 15:00 in Hamburg.
The Australian ambassador to Russia today announced that he is visiting the Foreign Ministry in Moscow in an effort to find out why Greenpeace International activist Colin Russell was this week refused bail and ordered to return to jail for three months [1].
Colin, from Tasmania, was refused bail on Monday and returned to SIZO 4 detention centre in St Petersburg. Colin's wife Christine told Australian public broadcaster ABC that civil servants have told her Foreign Affairs Minister Julie Bishop has made no representations about his case since early October [2]. When Australian Prime Minister Tony Abbott was asked in Parliament what help his government is doing to free Colin, he replied: "We offer consular assistance to all Australian citizens overseas. But it never helps to make public comment if people are in trouble."
Greenpeace International Executive Director Kumi Naidoo said today: "We have 18 nationalities in jail and almost all of their governments are working hard to get them out. The only peaceful protester to be denied bail so far is an Australian, his government hasn't done enough and they need to stand with him right now."
Today's hearings in Primorskiy court, with local times: 14:00 Anne MR Jensen (Den); 14:00 Mannes Ubels (NL); 12:00 Kieron Bryan (UK). In Kalininsky court: 11:00 Peter Willcox (USA) ; 13:00 Anthony Perrett (UK); 15:00 Marco Weber (SWISS)
Notes:
[1] Ambassador Paul Myler tweeted: "Going to @mfa_russia this morning to express concern @ continued detention of #ColinRussell #Arctic30". He added in a second tweet: "Not clear why a radio operator would be treated differently to rest of crew #Arctic30."
[2] https://www.abc.net.au/news/2013-11-19/emotional-plea-from-family-of-gre...
Tomorrow's hearings:
Primorskiy court: 10:30 Alexandre Paul (CAN); 10:30 Ruslan Yakushev (UKR); 14:00 Gizem Akhan (TUR). Kalininsky court: 10:00 Jonathan Beauchamp (NZ); 11:00 Frank Hewetson (UK); 12:00 Iain Rogers (UK)
Contacts:
Greenpeace International press desk: +31 20 718 24 70 or pressdesk.int@greenpeace.org
Greenpeace International picture desk: +31 20 718 24 71
Greenpeace International video desk: +31 20 718 24 72
Greenpeace Australia Pacific Media and Communications Alison Orme +61 (0)432 332 104
Greenpeace is a global, independent campaigning organization that uses peaceful protest and creative communication to expose global environmental problems and promote solutions that are essential to a green and peaceful future.
+31 20 718 2000LATEST NEWS
Supreme Court Urged to 'Rule Quickly' After Trump Immunity Arguments
"It'd be a travesty for justices to delay matters further," said one legal expert.
Apr 25, 2024
After about three hours of oral arguments Thursday on former President Donald Trump's immunity claims, legal experts and democracy defenders urged the U.S. Supreme Court to rule swiftly, with just over six months until the November election.
Trump—the presumptive Republican candidate to challenge Democratic President Joe Biden, despite his 88 felony charges in four ongoing criminal cases—is arguing that presidential immunity should protect him from federal charges for trying to overturn his 2020 loss to Biden, which culminated in the January 6, 2021 insurrection at the U.S. Capitol.
Justices across the ideological spectrum didn't seem inclined to support Trump's broad immunity claims—which critics have said "reflect a misreading of constitutional text and history as well as this court's precedent." However, Citizens for Responsibility and Ethics in Washington (CREW) shared examples of what it would mean if they did.
"Trump could sell pardons, ambassadorships, and other official benefits to his wealthy donors, members of his clubs, or cronies who helped him commit other crimes," CREW warned. "Trump could sell nuclear codes and government secrets to help pay back crippling debts."
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After warning that a president could also order the occupation or closure of the Capitol or high court to prevent actions against him, CREW concluded that "the Supreme Court never should have taken this appeal up in the first place. They should rule quickly and shut these ludicrous claims down for good."
The organization was far from alone in demanding a quick decision from the nation's highest court.
"In the name of accountability, the court must not delay its decision," the Brennan Center for Justice said Thursday evening. "The Supreme Court's time is up. It needs to let the prosecution move forward. The court decided Bush v. Gore in three days—it should act with similar alacrity in deciding Trump v. U.S."
In Bush v. Gore, the case that decided the 2000 election, the high court issued a related stay on December 9, heard oral arguments on December 11, and issued a final decision on December 12.
On Thursday, the arguments "got away from the central question: Is a former president immune from criminal prosecution if he tried to overthrow a presidential election, using private means and the power of his office to do so?" the Brennan Center noted. "The answer is simple: No."
"It is not an 'official act' to try to overthrow the peaceful transfer of power or the Constitution, even if you conspire with other government officials to do it or use the Oval Office phone," the center said. "Trump's attorney was pushing the court to come up with a sea change in the law. That's unnecessary and a delay tactic that will hurt the pursuit of justice in this case."
In a departure from previous claims, Trump's attorney, D. John Sauer, "appeared to agree with Special Counsel Jack Smith, who is leading the prosecution, that there are some allegations in the indictment that do not involve 'official acts' of the president," NBC Newsreported, noting questions from liberal Justice Elena Kagan and conservative Justice Amy Coney Barrett, a Trump appointee.
Barrett summarized various allegations from the indictment and in three cases—involving dishonest election claims, false allegations of fraud, and fake electors—Sauer conceded that Trump's alleged conduct sounded private, suggesting that a more narrow case against the ex-president that excluded any potential official acts could proceed.
Due to Trump attorney's concessions in Supreme Court oral argument, there's now a very clear path for DOJ's case to go forward.\n\nIt'd be a travesty for Justices to delay matters further.\n\nJustice Amy Coney Barrett got Trump attorney to concede core allegations are private acts.\u2b07\ufe0f— (@)
According to NBC:
Matthew Seligman, a lawyer and a fellow at the Constitutional Law Center at Stanford Law School who filed a brief backing prosecutors, said Sauer's concessions highlight that Trump is "not immune for the vast majority of the conduct alleged in the indictment."
Ultimately, he said, the case will go to trial "absent some external intervention—like Trump ordering [the Justice Department] to drop the charges" after having won the election.
At the same time, Sauer's backtracking might have little consequence from an electoral perspective. Further delay in a trial, which Sauer is close to achieving, is a form of victory in itself.
Slate's Mark Joseph Stern pointed out that when Barrett similarly questioned Michael Dreeben, the U.S. Department of Justice lawyer arguing the case for Smith, it seemed like they "were trying to work out some compromise wherein the trial court could distinguish between official and unofficial acts, then instruct the jury not to impose criminal liability on the former."
"It was fascinating to watch Barrett nodding along as Dreeben pitched a compromise that would largely preserve Smith's January 6 prosecution but limit what the jury could hear, or at least consider," Stern added. "That, though, would take months to suss out in the trial court. More delays!"
Stern and other experts signaled that the decision likely comes down to Barrett and Chief Justice John Roberts, with the three liberals seemingly supporting the prosecution of Trump and the other four conservatives suggesting it is unconstitutional.
People for the American Way president Svante Myrick said in a statement that "today's argument brought both good and bad news. It was chilling to hear Donald Trump's lawyer say that staging a military coup could be considered part of a president's official duties."
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