Reportback from todays motion hearing for Carrie Feldman

From:    ewok@riseup.net
Date:    Tue, December 8, 2009

Carrie Feldman appeared today before Judge Jarvey in federal court, where her
attorney, Bruce Nestor, argued for her release based on a number of issues.
These were that, one, the statute of limitations for the incident in question
has now expired, and the government has not demonstrated that the grand jury
could produce further indictments at this point; and, two, that Feldman still
has a right to plead the 5th amendment given the possibility that she
could be prosecuted by both the State of Iowa and the State of Minnesota, and that
compelling her to testify violates her right against self-incrimination.
Nestor also argued that Carrie is being targeted because of her political beliefs
and associations, an argument bolstered by prosecutor Cliff Cronk's previous
arguments regarding the release of Scott DeMuth, in which he claimed that
Scott's identification as an anarchist makes him a domestic terrorist.

Also of note in today's hearing, Cronk attempted to derail the
proceedings by filing a motion to prevent Nestor from representing Carrie based on an
alleged conflict of interest. The meat (punny!) of his argument was that Nestor's
representation of one of the RNC 8, facing state charges in Minnesota
stemming from anti-RNC organizing, presents a conflict because Carrie could be
called as a witness in that trial.

At the conclusion of the hearing, Cronk argued that there was no
possibility of prosecution for Carrie, exclaiming, "she was, what,
15 at the time [of the U of I action]? That's absurd!"

We agree it is absurd that Carrie is continuing to be held. We hope to
bring her home soon. Meanwhile, we wait, and the legal battle continues.

Judge Jarvey took the arguments under advisement and is expected to issue a
ruling sometime in the next week.