Transcript from Maddy's Grand Jury Appearance
Posted Nov. 8, 2012
Here are the notes from the Grand Jury hearings. Personal information has been redacted, including the names of people asked about by the Prosecutor.
Prosecutor Michael Dion: What is your Name?
Maddy: Matthew Pfeiffer
Prosecutor Michael Dion: What is your Birth Date?
Maddy: (gave birth date)
Prosecutor Michael Dion: What do you do for work?
Maddy: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: What is your Address?
M: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Do you intend to answer that for every question?
M: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Did you live at (address redacted for privacy)?
M: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Did your lawyer advice you about Immunity?
M: Yes.
at this point in time, the prosecution showed the room a statement posted to the committee against political repression’s website, attributed to Maddy
P: Are you familiar with the committee against political repression?
M: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Are you aware that the Federal courthouse was vandalized on May 1st?
M: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Were you present at the courthouse on May 1st?
M: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Do you know Person 1 (name redacted)?
M: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Was Person 1 in Seattle on May 1st?
M:I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Do you know Person 2 (name redacted)?
M: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Was Person 2 in Seattle on May 1st?
M:I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Do you know Person 3 (name redacted)?
M: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Was Person 3 in Seattle on May 1st?
M: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Did anyone tell you about vandalizing the courthouse?
M: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Do you know what a black bloc is?
M:I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Have you ever been in a black bloc?
M:I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Have you ever possessed a road flare?
M: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Do you know a man named ___________ (name redacted)?
M: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Do you intend to answer "I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments." to all questions?
M: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: You are due upstairs in 10 minutes and have another subpoena on the 20th of November.
Maddy went before the judge then was sent back down to the grand jury for a second appearance
P: Has your position changed since talking to Judge Jones?
M: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Are you going to continue to answer " I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments." to every question?
M: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Have you ever met Person 1?
M: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Have you ever been in a black bloc?
M: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Were you there on May 1st?
M: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments.
P: Did anyone say anything to you about the damage to the courthouse?
M: I am exercising my state and federal constitutional rights including the 1st, 4th and 5th amendments
P: Okay, we're done here.
Grand jury resister Maddy Pfeiffer released on continuance, new date set for December 14
Posted Nov. 8, 2012
Thanks to everyone who came out to the solidarity rally today. Remember to keep writing letters to Matt and KteeO, who have been sitting in prison since September 10 and September 28, respectively!
Solidarity with grand jury resister Maddy Pfeiffer: rally at the courthouse Nov. 7, Seattle
November 7th, 8:30am - Seattle Federal Courthouse, 700 Stewart St.
REMEMBER: It is likely they'll be taken into "custody" after their hearing.
Grand juries are secret and closed, but Maddy's contempt hearing will be open to the public. If you would like to go inside the contempt hearing to support them, you will need to bring ID to get into the courthouse. If you have a warrant out or otherwise need to avoid contact with law enforcement, it's not a good idea to try to come into the courthouse. Please bring anything you can to contribute: food, coffee, umbrellas, BANNERS, FLIERS, SIGNS, megaphones, etc.
SOLIDARITY WITH ALL THOSE WHO RESIST THE GRAND JURY.
Matthew "Maddy" Pfeiffer Subpoenaed for Grand Jury
October 30th, 2012
On October 25, 2012 a fifth subpoena was served to Matthew "Maddy" Pfeiffer to appear before the federal grand jury on November 7, 2012.Pfeiffer's statement:
On October 25th, the day before my 23rd birthday, two FBI agents wearing ill-fitting khakis and too much gel in their hair, served me a subpoena for 9am on November 7th. I knew my fate right away: 18 months in SeaTac Federal Detention Center. Matt, Kteeo and Leah have all been imprisoned for their refusal and I will be the next. Despite the urgings of lawyers, agents and judges, I only have one option: non-cooperation. Any other option is unthinkable.
I am being asked to testify before a Grand Jury on November 7th and will likely be detained on that date for refusing to cooperate. The vultures of the state will try to imprison my comrades and me until we give in. We will never give in.
From so many different perspectives, for so many reasons, snitching is never an option. I will never betray the people I care about, the ideas which I hold dear, or the commitments I have made. I will never give any information about crimes, should I have any knowledge of them, nor will I give information about my personal relationships. I will never cooperate with this or any attempt to stop struggle. I will never cooperate with the systems of control which I loathe. If the federal government chooses to imprison me for my refusal, then so be it. I expect no less from them.
The official reason the state gives for imprisoning those who refuse to cooperate is to coerce testimony. If they know anything about me or my friends, they know that this will never work. Some have said that this Grand Jury is about trying to repress people's political opinions and free speech. No doubt this is true. My subpoena states that I am being asked to testify about events that took place on May 1st. The state is trying to use broken windows as a reason to ruin people's lives. This is absurd, and I will oppose it to the fullest. This life-ruining system which they call "justice" is organized to defend property and capitalism. This system is against everything I believe in.
My imminent imprisonment is an attempt to disrupt struggle against domination in all its forms. What the vultures cannot understand is that attempts to repress this struggle will only embolden it, whether we are inside the walls of the Federal Detention Center or in the streets. The growing list of solidarity actions, from St. Louis to France, demonstrate an inspiring continuity in this regard.
In silence, we roar!
Matthew "Maddy" Pfeiffer
Compilation Album Created in Support of Grand Jury Resisters
Musical Impressions has created a compilation album called "Black Clothing, Anarchist Literature, Flags, Flag-Making Materials, Cell Phones, Address Books, and Hard Drives" in support of the Grand Jury Resisters.You can buy it here. Proceeds go to support the legal and material needs of those resisting the FBI investigations of anarchists in the Pacific Northwest.
Nov 17: Solidarity with Grand Jury Defiance Noise Demonstration
Bring banners, loud noise-makers, flyers, and whatever else could be useful. Please send this announcement to listserves and invite your friends.
Matt and Kteeo have been locked away inside the Detention Center since September 13 and September 27, respectively, for refusing to cooperate with a secret federal Grand Jury investigation targeting anarchists in the Pacific Northwest.
Noise demonstrations are meant to break the isolation of prison by breaking through the walls with the sounds of solidarity. In a very real way, this small gesture can remind those on the inside that they are not alone and that there are many of us out here who are fighting alongside them. Like other solidarity actions, this noise demo is meant to strengthen the resolve of the defiant, courageous rebels the state is trying to coerce into participating in their strategy of repression.
We also wish to acknowledge and send our love to all the other comrades whose lives have been thrown into turmoil as a result of this Grand Jury. Please know that we're fighting for you, too.
This event is part of the Days of Solidarity with Grand Jury Resisters.
FBI Affidavit Demonstrates Political Nature of FBI Investigation
Originally released 10.21.2012
On October 18, SeattlePI.com ran an important article, "Agent: FBI tailed Portland anarchists headed to May Day riot." While the piece describes previously unavailable details of the FBI's investigation into the May Day actions, the most important fact is contained in the first sentence:"the FBI's interest in several suspects predated the political vandalism that swept downtown Seattle." Though the May 1 protest and the attack on the Federal Court House in particular, has been cited as the cause of the current FBI/Grand Jury investigation, the article clearly shows that the FBI was already keeping a close watch on Portland-area anarchists - following their vehicles and monitoring their text messages, at the least.
CAPR has consistently argued that the extensive surveillance, swat raids, and grand jury subpoenas were not simply a response to a few broken windows but demonstrate an effort to criminalize the political philosophy of anarchism.
The FBI's treatment of anarchism as evidence of criminality in the affidavit quoted in the P-I supports the conclusion that the ongoing investigation is more about politics than law. The political nature of this investigation is also demonstrated by the scale of the state's attack and the seizure of "anarchist literature" in armed raids. The fact that the investigation actually preceded any unlawful act only proves the point.
Public letter from Kteeo
Posted 10.16.2012
"I want to start by saying thank you all so much for your support. What I am doing would not be possible without all the support I have been receiving. The letters have been incredible. I am so sorry to those I have yet to write back; I am only allowed to purchase $9 in postage a week, but know that I am inspired by every single one of you. I can't wait to hear more about ya'll and or to exchange thoughts and ideas with y'all. I am doing just fine in here, but being here is a constant reminder that every prisoner is a political prisoner and that one of the reasons I am doing so well is that I have all of this support. Hopefully one day we can build more networks of prisoner support so that more of the amazing people, like my friends in here, can receive the type of mail stacks I receive daily. I want to make it very clear that I am very grateful you have all been taking time to support me. It helps me survive. I just wanted to add some thoughts that I have been having:
My friends in here are so incredible and strong; they have taken wonderful care of me and welcomed me into their lives. My friends outside are likewise incredible; the type of selfless support work that they have been doing inspires me every hour of every day. My family has also had amazing, unwavering support and for that I cannot thank them enough.
Thank you all again so much. I can't wait to keep hearing from y'all, and I really can't wait to see ya'll again.
Keep struggling, keep smiling, in solidarity,
Kteeo
PS: to my international friends and supporters postage is really limited, so it will take me a while to respond, but I love to hear from y'all. Thank you for your continued support and I hope to continue to got to know you all better via letters."
Leah in Federal Custody
Posted 10.10.2012
Leah was taken from the courtroom by US Marshalls after calling out, "I love you all!" to those who had come to offer support.
Please let Leah know how loved and supported she is by writing her at:
#42611-086
FDC SeaTac
PO Box 13900
Seattle, WA 98198
Watch this wonderful video of Leah reading her statement:
Statement From A Resister - Leah-Lynn Plante from Because We Must on Vimeo.
Details of Grand Jury Hearing Released
Posted 10.9.2012
Williams had been subpoenaed to an earlier grand jury and, together with Plante, released a statement pledging that they wouldn't cooperate. Williams subpoena was then dropped.
Asked about the most recent hearings, Williams commented:
"Leah's transcript confirms my and others' suspicions that the reason for my subpoena being dropped is that I am a target of the grand jury investigation. I applaud Leah in staying strong through a process that has been terrifying and has uprooted her life. I am not discouraged by the disclosure of our acquaintance as it is clearly evident by the pictures we took with the ever charming Clyde, the mini-dachshund, accompanying our statement of intention to resist the Grand Jury. I am encouraged by her statement of future intentions and am happy to stand alongside her any time as an enemy of the state."ALSO,
Leah's next hearing is TOMORROW, Oct. 10th, at 9am
The grand jury is closed, but the contempt hearing is expected to be open, so remember to bring court-appropriate clothes. Please let people who are close to Leah into the courtroom first.
See the facebook page for tomorrow here, and invite people.
ALSO, SEE our post about NATIONAL CALL AND FAX-IN DAY! which is today, Oct, 9th.
Matt has been moved from solitary to the general population!
Posted 10.2.2012
Statement Regarding Snitchjacketing
Posted 10.2.2012
Even worse than the police employing this technique to break up communities is when communities use this technique themselves when speculating about those involved with a state investigation.
In regards to the Grand Jury investigation in the Pacific Northwest, CAPR is assuming the best intentions of those who have been subpoenaed. In the event that someone does co-operate it will become evident in the resulting grand jury transcripts, records of those indicted (if there are indictments), and in the upcoming FOIA requests that we are committed to obtaining and publishing. Each of the subpeanuts has decided to take a different approach in resisting the Grand Jury. Each technique has allowed for varying degrees of transparency.
We are assuming that there will not be co-operation with the investigation and we are asking the same of the larger radical community. We are asking that you consider the implications of the things you say about those who have been subpoenaed before speaking speculations about others.
If you have questions about this process or would like to contribute in some way please contact us.
Updates on KteeO's hearing, September 26th, 2012
10 AM Hearing for the Motion to Quash the Subpena
Judge Richard Jones started by explaining that there was a "miscommunication" between the US Marshalls and himself on September 13th - Matt's day in court. He explained that there were parts of the Hearing for the Motion to Quash and the Contempt Hearing that were supposed to be open to the public. He annoyingly recited various legal citations to validate that some parts are open and portions of either hearing that reference information from the Grand Jury are supposed to be closed.
After that he closed the hearing and excused people that were there to support Kteeo. We waited outside.
Eventually we were invited back in. Kteeo's attorney made these points:
- Violates 1st, 4th, and 5th Amendment Rights!
- Separation of Powers
- Individuals have the right to not talk to law enforcement simply because they don't want to. It is a legal right everyone has in almost any situation except grand juries.
- We were told that the basis of the Grand Jury is the courthouse having its' windows broken, but this grand jury was convened in March!
After Jennifer Kaplan made her points the prosecutors whined about how this grand jury is only about the vandalism that occurred and is not investigating anarchists (Don't remember if "anarchists" was the word used).
Prosecutors asked the Judge to explain how Civil Contempt works.
We finished around 11 and had a recess until 2 PM.
Grand Jury Supporters of Kteeo waited outside the courthouse.
When the Grand Jury was finished Kteeo ran out to smoke a final cigarette.
She said they did not let her take notes.
She refused to answer questions. She reported the jurors almost seemed annoyed. She speculated that maybe they were annoyed because they kept asking her questions and she kept adamantly refusing.
Contempt Hearing Judge Richard Jones explained for the umpteenth time that day that some parts are open and some parts are closed. Once he was done he excused us "guests" for the closed part.
During the closed portion they went over the transcript from the Grand Jury. They asked Kteeo if the transcript was accurate. She said it was. (They explained this is what happened when we, the guests, were invited back in.)
The court was then open for civil contempt.
Established that the end date for this grand jury is March 2014.
Kteeo was taken into custody.
Another Grand Jury Resister, Katherine (KteeO) Olejnik, in federal custody
Updates on Matt's September 26th hearing (Posted 11:30pm September 26th, 2012)
Here is what took place at that hearing:
Matt Duran's Hearing on September 26th
Friends and Supporters arrived and went through security at the Federal Courthouse about 10 minutes before court began. Court proceedings were held on the 13th floor with Judge Richard Jones.
Judge Jones began the morning with an explanation of the policies around open v. closed contempt hearings. He explained that, the beginning of Matt's hearing is not technically a contempt hearing, but a chance for Matt to state his intentions around whether or not he will be providing the court with information or if he will continue to resist their coercion. This means that the first portion of the hearing was specifically addressing the Grand Jury proceedings and could not be accessible to the public. He continued to explain that, once Matt stated his intentions, and if he continued to resist the court's wishes, the hearing then turned into a contempt hearing and would become public.
Judge Jones went on to explain and apologize for the "miscommunication" during Matt's initial Grand Jury appearance. During his initial appearance on September 13th, those who were attempting to get through security and up to the contempt hearing were repeatedly told that the hearing was closed and that no one would be any further than the lobby of the courthouse. He admitted that the original contempt hearing on September 13th should have functioned identically to the way that day would go.
At that time, Judge Jones notified Matt's friends and supporters that the first portion of the hearing would be specifically discuss the Grand Jury and proceeded to excused the public, closing the hearing.
Friends and Supporters hung out just beyond the doors and the hearing was open again approximately 3 minutes later. Matt, once again, kept true to his word, to his principles and to his loved ones, and did not answer any questions.
Once allowed back in, Matt's lawyer took the floor to explain Matt's current conditions and intentions. Here is an abridged and bullet-point list of issues and information brought up by Matt's lawyer in court-
Matt is in Solitary Confinement (the Secure Housing Unit) which means:
+ he has very little access to phone
+ he has been denied the ability to initiate contact with attorney
+ he has been denied visitor request forms
+ he has been denied vegan food (has access to vegetarian options and commissary items)
+ he has no way of socializing within the prison
+ he has no access to sunlight, fresh air or an untinted window to the outdoors
Even under these conditions, Matt has no intention of changing his mind or strategy. Matt's lawyer explained that Matt will be at peace no matter where he is within the prison. She said that he would like to socialize and play chess with other inmates, but is content where he is. He has a clock radio and a couple of romance novels the prison gave him upon arrival. She went on to describe the kinds of support Matt has been getting while in prison. Matt has received an overwhelming number of letters from all over the world, some from friends and most from strangers, who support and respect him for his convictions. Recently, a few publishers have written him offering to send him books for free and he has begun to receive reading material from many sources. She also cited that, during the transport to the Prison, an inmate in the vehicle with Matt complimented him and respected him because "...most people are in here because they were informed on by other people..." Matt's lawyer demonstrated how resilient, driven, focused and principled Matt is and will continue to be. Matt's lawyer also argued that, because of Matt's steadfast commitment to silence, his detainment was punitive.
The Prosecution (the government) took the floor after Matt's lawyer's statements. They explained that Matt's conditions and treatment were normal and the same as all prisoners at the Federal Detention Center at SeaTac. They also asserted that because Matt's Lawyer did not have representation from FDC SeaTac, Matt's detainment conditions could not be corroborated. He also argued that, because Matt is getting worldwide support "...he must be doing fine..." The Prosecution made clear that, even though statements of non-compliance were made by Matt and on behalf of Matt, a statement of non-compliance would not be enough to prove that incarceration had moved from coercive to punative. He also made it known that congress passed the law ruling that someone can be held for no more than 18 months in civil contempt as a coercive strategy for a reason. The Prosecution explained that the full coercive affects of imprisonment had not be felt by Matt due to the short term of detainment and that a second hearing date for 6-8 months out to reasses his incarceration was reasonable. The Prosecution made that suggestion then rested.
Matt's lawyer took the floor and suggested that the court not set another hearing date, while reserving herself and her client the privilege of coming forward to request a date.
The Prosecution agreed with this suggestion.
Judge Jones ruled to not set another hearing date and to keep Matt Duran detained.
Updates on Matt's hearing as of 11:30am, September 26th
Matt's Next Hearing is Wednesday, September 26th!
Matt's next hearing is September 26th, 2012. It is at the Federal Courthouse at 700 Stewart, Seattle, WA: 13th floor with Judge Richard Jones. It will be an OPEN hearing! However, please be cooperative in letting people who know Matt get into the courtroom first. The hearing will likely be about his refusal to cooperate with the grand jury. If you can, please take the time to show up and let Matt know he is supported, even if it is early.
There will also be TWO solidarity marches on the same day, at noon and at six. Find out about them here.
Update on Matt's situation as of September 18, 2012:
Matt is being held in the Secure Housing Unit (isolation) at SeaTac. His lawyer guesses this is because he's never been to prison before. He says he's doing fine; reading trashy romance novels because that's all he has access to. He may be moved to general population soon, where he'll be able to play chess and have greater access to a phone. The prison is so far not giving Matt access to all-vegan food, though he is applying for vegetarian food. We suspect he'd have much better access to vegan food
if people resumed calling in and urging that he receive the food he needs!! (206-870-5700).
Matt's next hearing is September 26th at 9am. We believe this will be
at the federal courthouse (700 Stewart St. in Seattle), but we'll update this when we confirm the location. Let's pack the courtroom! His lawyer says this should be an open hearing.
Remember to keep writing to Matt! Here's his address again:Matthew Kyle Duran #42565-086
FDC SeaTac,
P.O. Box 13900
Seattle, WA 98198
How about a weekly get-together with your friends to write to Matt and other prisoners? 10 minutes out of your day could make a world of difference for someone locked in a cage!
Legal Updates as of 4:40 PM on September 13, 2012
Around 3:00 PM today, Matt was taken to a contempt of court hearing. The judge decided to make the hearing private instead of public. It is our understanding that this action is unprecedented since the McCarthy Era of political witch hunts. The entire 2nd floor of the Federal Court House in Seattle where the grand jury itself was taking place was closed off to the public as well as the 13th floor where the contempt hearings were taking place. As of this writing, Leah has not been taken to her contempt hearing yet.As of 4:00 PM, Matt is now in federal custody. He has another hearing scheduled on Wednesday, September 26th. We do not know where is being taken yet, but supporters are still at the court house to support him.
As of 4:30 PM, Leah was released and re-subpoenaed. She does not know the date of her next subpoena.
We are asking for supporters to call Judge Richard Jones in his chambers at 206-370-8870 and demand that Matt not be charged with contempt and be released.