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Leonard Eiger, 360-375-3207, outreach@gzcenter.org
Father Steve Kelly, S.J., a Jesuit priest and longtime nuclear resister, arrived in Tacoma, Washington March 30th to appear in the US District Court on a warrant for a previous probation violation.
Father Steve Kelly, S.J., a Jesuit priest and longtime nuclear resister, arrived in Tacoma, Washington March 30th to appear in the US District Court on a warrant for a previous probation violation.
Kelly had been arrested on a charge of trespassing at Naval Base Kitsap-Bangor in Silverdale, Washington during a Pacific Life Community nonviolent direct action in March 2017. Kelly refused to cooperate with a federal judge's imposition of supervised release following his September 2017 trial, and an arrest warrant was issued. Kelly has consistently refused cooperation with any sentencing terms throughout his history of resistance.
After being taken in chains from Brunswick, Georgia, where he had been imprisoned for his part in the 2018 Kings Bay Plowshares, Kelly arrived in Tacoma, Washington on March 30, 2021, and was scheduled to have a preliminary court hearing before a Federal judge the next day on the outstanding warrant. Because of Kelly's intention to appear in person at all court proceedings, he waived his appearance and was represented by his attorney, Blake Kremer. Magistrate Judge David Christel set another court hearing for April 13th.
After the preliminary hearing ended, Kremer worked with the probation office and their post-release unit to resolve probation issues. Although the initial recommendation was that Kelly be ordered to live in a halfway house and continue to be supervised by the court, Kremer argued that kelly will have served his maximum sentence by the April 13th hearing date and therefore the court could not impose any additional conditions. The probation office agreed, and on April 1st changed their position, writing: "we will be recommending Father Kelly's term of probation to be revoked and he be sentenced to time served with no option for supervision to follow."
Kelly was ordained a Roman Catholic priest in the Jesuit order in 1990, and engaged in his first Plowshares action - "Jubilee Plowshares" - in 1995. Since then, he has participated in numerous Plowshares actions and other witnesses against nuclear weapons and war making. In that time he has spent over 10 years behind bars, and roughly one-third of that time in solitary confinement (for non-cooperation).
Most recently, on April 4, 2018, on the 50th anniversary of the assassination of Dr. Martin Luther King, Jr., Kelly and others, known as the the Kings Bay Plowshares 7, entered Naval Submarine Base Kings Bay, the US Navy's East Coast Trident nuclear ballistic missile submarine base. All seven defendants pled not guilty, insisting that they had not entered the base to commit a crime, but rather to prevent one from occurring, the crime of "omnicide", the destruction of the human race which is possible in a nuclear war. In the face of this threat that the US nuclear arsenal poses to the world, they believed what they had done was not illegal, but a "symbolic disarmament", an act of necessary civil resistance. All seven were found by a jury to be guilty on three felony counts and a misdemeanor charge.
Prior to the action at Kings Bay, Kelly and four others, in what is known as the Disarm Now Plowshares, were arrested at Naval Base Kitsap-Bangor on All Souls Day, November 2, 2009, after entering the nuclear warhead storage area at Strategic Weapons Facility Pacific, to expose the nuclear warheads that are deployed on OHIO Class "Trident" ballistic missile submarines. Bangor is home to the Largest Concentration of Deployed Nuclear Weapons in the U.S.
The combined fourteen ballistic missile submarines at Bangor and Kings Bay, carrying the Trident II D5 ballistic missile armed with some combination of W76-1 (100 kiloton) warheads and W88 (475 kiloton) warheads, in addition to some small number of the newer "low-yield" W76-2 warhead are, in addition to being what the US government calls "the most survivable leg of the US nuclear triad," arguably a first-strike nuclear weapon, which is inherently destabilizing to any efforts toward cooperation and disarmament efforts with Russia. The continuing warhead modernization and current construction of the next generation of ballistic missile submarines, with plans for a new warhead and missile, is contributing to a new and far less stable nuclear arms race.
As a person of deep spiritual convictions, Fr. Kelly understands that "It's a Sin to Build a Nuclear Weapon," as Jesuit Father McSorley once wrote. McSorley explained that, "The taproot of violence in our society today is our intention to use nuclear weapons. Once we have agreed to that, all other evil is minor in comparison. Until we squarely face the question of our consent to use nuclear weapons, any hope of large scale improvement of public morality is doomed to failure."
Reaching to the heart of Gospel teachings, in Kelly's own words: "The Gospel has many instances of the parables of Jesus inserting himself between the flock and the dangers; namely the thief and the wolf. In today's or rather contemporary application of the Gospel is that Christ is incarnate in the poor in the flock and the thief is the budget dedicated to war profiteering and nuclear annihilation. The wolf is the ever-present danger of the threat and, God forbid, the use of nuclear weapons. So it is my life long quest to imitate the Good Shepherd. I will insert myself between the dangers and the flock."
"In order to use my limited time I will, along with others, try to embody the vision given to us through the prophet Isaiah. It is a conversion of weapons to devices for human production. The gift of Isaiah 2:4 is an economic, political, and moral conversion of the violence of nuclear annihilation. With others, I hope to be instruments in God's hands for showing a way out of the escalation, the proliferation of this scourge of humanity. I feel strongly that Martin Luther King Jr. would agree with the principle I attribute to Gandhi that we cannot be fully human while one nuclear weapon exists."
Aside from Fr. Kelly's deeply held, and practiced, beliefs, courts in the US have consistently refused to allow Kelly (and other Plowshares activists) to present any kind of reasonable defense. Federal prosecutors have asked, and judges have agreed, in nearly every case, to prohibit the defendants from introducing anything constituting a reasonable defense - including religious motivations, international law and treaties, Nuremberg principles, necessity defense, or the existence, numbers, or lethality of nuclear weapons, all of which are established, public knowledge and/or precedent.
In contrast to the repressive court system in the US, Plowshares actions have also occurred in Australia, Germany, Holland, Sweden, New Zealand and Scotland, Ireland, and England, and many of the trials in these cases resulted in jury acquittals, In the case of the Pitstop Ploughshares, five members of the Catholic Worker Movement who damaged a United States Navy C-40 transport aircraft (enroute to Iraq) at Shannon Airport, Ireland in 2003, were allowed to present a reasonable defense and were acquitted by a jury that determined the defendants had acted to save lives and property in Iraq.
Rather than prosecute Fr. Kelly and others who attempt to shine the light of conscience on nuclear weapons, which represent an omnicidal threat to humanity, the US government should instead listen to their warnings and begin, as required by Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), to which the US is a signatory, to "pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general and complete disarmament under strict and effective international control."
Father John Dear, a Catholic priest and long-time friend of Fr. Kelly, as well as some fellow Jesuits, are available for interviews. Contact Leonard Eiger, Ground Zero Center for Nonviolent Action, at outreach@gzcenter.org or 360-375-3207, for contact information.
Background information on Fr. Kelly and other Plowshares activists is available at The Nuclear Resister at https://www.nukeresister.org. More information on the Kings Bay Plowshares is at https://kingsbayplowshares7.org.
"Does anyone truly believe that caving in to Trump now will stop his unprecedented attacks on our democracy and working people?" asked Sen. Bernie Sanders.
US Sen. Bernie Sanders on Sunday implored his Democratic colleagues in Congress not to cave to President Donald Trump and Republicans in the ongoing government shutdown fight, warning that doing so would hasten the country's descent into authoritarianism.
In an op-ed for The Guardian, Sanders (I-Vt.) called Trump a "schoolyard bully" and argued that "anyone who thinks surrendering to him now will lead to better outcomes and cooperation in the future does not understand how a power-hungry demagogue operates."
"This is a man who threatens to arrest and jail his political opponents, deploys the US military into Democratic cities, and allows masked Immigration and Customs Enforcement agents to pick people up off the streets and throw them into vans without due process," Sanders wrote. "He has sued virtually every major media outlet because he does not tolerate criticism, has extorted funds from law firms and is withholding federal funding from states that voted against him."
If Democrats capitulate, Sanders warned, Trump "will utilize his victory to accelerate his movement toward authoritarianism."
"At a time when he already has no regard for our democratic system of checks and balances," the senator wrote, "he will be emboldened to continue decimating programs that protect elderly people, children, the sick and the poor while giving more tax breaks and other benefits to his fellow oligarchs."
Sanders' op-ed came as the shutdown continued with no end in sight, with Democrats standing by their demand for an extension of Affordable Care Act (ACA) tax credits as a necessary condition for any government funding deal. Republicans have so far refused to negotiate on the ACA subsidies even as health insurance premiums skyrocket nationwide.
The Trump administration, meanwhile, is illegally withholding Supplemental Nutrition Assistance Program (SNAP) funding from tens of millions of Americans—including millions of children—despite court rulings ordering him to release the money.
In a "60 Minutes" interview that aired Sunday, Trump again urged Republicans to nuke the 60-vote filibuster in the Senate to remove the need for Democratic support to reopen the government and advance other elements of their agenda unilaterally. Under the status quo, Republicans need the support of at least seven Democratic senators to advance a government funding package.
"The Republicans have to get tougher," Trump said. "If we end the filibuster, we can do exactly what we want. We're not going to lose power."
Congressional Democrats have faced some pressure from allies, most notably the head of the American Federation of Government Employees (AFGE), to cut a deal with Republicans to end the shutdown and alleviate the suffering it has inflicted on federal workers and many others.
But Democrats appear unmoved by the AFGE president's demand, and other labor leaders have since voiced support for the minority party's effort to secure an extension of ACA subsidies.
"We're urging our Democratic friends to hold the line," said Jaime Contreras, executive vice president of the 185,000-member Service Employees International Union Local 32BJ.
In his op-ed on Sunday, Sanders asked, "Does anyone truly believe that caving in to Trump now will stop his unprecedented attacks on our democracy and working people?"
"If the Democrats cave now, it would be a betrayal of the millions of Americans who have fought and died for democracy and our Constitution," the senator wrote. "It would be a sellout of a working class that is struggling to survive in very difficult economic times. Democrats in Congress are the last remaining opposition to Trump's quest for absolute power. To surrender now would be an historic tragedy for our country, something that history will not look kindly upon."
"Can't follow the law when a judge says fund the program, but have to follow the rules exactly when they say don't help poor people afford food," one lawyer said.
As the Trump administration continued its illegal freeze on food assistance, the US Department of Agriculture sent a warning to grocery stores not to provide discounts to the more than 42 million Americans affected.
Several grocery chains and food delivery apps have announced in recent days that they would provide substantial discounts to those whose Supplemental Nutrition Assistance Program (SNAP) benefits have been delayed. More than 1 in 8 Americans rely on the program, and 39% of them are children.
But on Sunday, Catherine Rampell, a reporter at the Washington Post published an email from the USDA that was sent to grocery stores around the country, telling them they were prohibited from offering special discounts to those at greater risk of food insecurity due to the cuts.
"You must offer eligible foods at the same prices and on the same terms and conditions to SNAP-EBT customers as other customers, except that sales tax cannot be charged on SNAP purchases," the email said. "You cannot treat SNAP-EBT customers differently from any other customer. Offering discounts or services only to SNAP-eligible customers is a SNAP violation unless you have a SNAP equal treatment waiver."
The email referred to SNAP's "Equal Treatment Rule," which prohibits stores from discriminating against SNAP recipients by charging them higher prices or treating them more favorably than other customers by offering them specialized sales or incentives.
Rampell said she was "aware of at least two stores that had offered struggling customers a discount, then withdrew it after receiving this email."
She added that it was "understandable why grocery stores might be scared off" because "a store caught violating the prohibition could be denied the ability to accept SNAP benefits in the future. In low-income areas where the SNAP shutdown will have the biggest impact, getting thrown off SNAP could mean a store is no longer financially viable."
While the rule prohibits special treatment in either direction, legal analyst Jeffrey Evan Gold argues that it was a "perverted interpretation of a rule that stops grocers from price gouging SNAP recipients... charging them more when they use food stamps."
The government also notably allows retailers to request waivers for programs that incentivize SNAP recipients to purchase healthy food.
Others pointed out that SNAP is currently not paying out to Americans because President Donald Trump is defying multiple federal court rulings issued Friday, requiring him to tap a $6 billion contingency fund to ensure benefit payments go out. Both courts, in Massachusetts and Rhode Island, have said his administration's refusal to pay out benefits is against the law.
One labor movement lawyer summed up the administration's position on social media: "Can't follow the law when a judge says fund the program, but have to follow the rules exactly when they say don't help poor people afford food."
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy.
After failing to use the government's might to bully Jimmy Kimmel off the air earlier this fall, President Donald Trump is once again threatening to bring the force of law down on comedians for the egregious crime of making fun of him.
This time, his target was NBC late-night host Seth Meyers, whom the president said, in a Truth Social post Saturday, "may be the least talented person to 'perform' live in the history of television."
On Thursday, the comedian hosted a segment mocking Trump's bizarre distaste for the electromagnetic catapults aboard Navy ships, which the president said he may sign an executive order to replace with older (and less efficient) steam-powered ones.
Trump did not take kindly to Meyers' barbs: "On and on he went, a truly deranged lunatic. Why does NBC waste its time and money on a guy like this??? - NO TALENT, NO RATINGS, 100% ANTI TRUMP, WHICH IS PROBABLY ILLEGAL!!!"
It is, of course, not "illegal" for a late-night comedian, or any other news reporter or commentator, for that matter, to be "anti-Trump." But it's not the first time the president has made such a suggestion. Amid the backlash against Kimmel's firing in September, Trump asserted that networks that give him "bad publicity or press" should have their licenses taken away.
"I read someplace that the networks were 97% against me... I mean, they’re getting a license, I would think maybe their license should be taken away,” Trump said. "All they do is hit Trump. They’re licensed. They’re not allowed to do that.”
His FCC director, Brendan Carr, used a similar logic to justify his pressure campaign to get Kimmel booted by ABC, which he said could be punished for airing what he determined was "distorted” content.
Before Kimmel, Carr suggested in April that Comcast may be violating its broadcast licenses after MSNBC declined to air a White House press briefing in which the administration defended its wrongful deportation of Salvadoran immigrant Kilmar Abrego Garcia.
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy (D-Conn.) on social media following Trump's tirade against Meyers. "Why? Because Trump believes he—not the people—decides the law. This is why we are in the middle of, not on the verge of, a totalitarian takeover."