“I want you…,” part three

By Skip Schiel, written on June 19, 2005

In a democracy a few are guilty but all are responsible.

— Rabbi Abraham Joshua Heschel

Well then, the arraignment. Meaning something like "call to account," or "answer an indictment," another curiosity about this whole episode is who is being accused and of what are they being charged? Technically speaking, Joe, Jaime and I are charged with unlawful assembly, while Caroline, Kelli, Matt and Patrick of the Boston Direct Action Project (BDAP) disturbed the peace. A few ironies here: unlawful assembly on the Cambridge Common, a public space, while exercising free speech rights, speaking out about an illegal, immoral, and self destructive war, and acceding to police orders—this is unlawful assembly? Disturbing the peace occurred when members of BDAP insisted on being inside the perimeter with their theater. Meanwhile the Powers refuse to be under the jurisdiction of the International Criminal Court (for good reason, the US could be charged with war crimes) and by perpetrating war on Iraq (after ten years of debilitating sanctions), the US creates chaos, destruction, death, and widespread suffering, far from the peace they've claimed they intend to deliver. On the Common I remembered the words of Joshua Abraham Heschel: in a democracy, a few are guilty but all are responsible.

I've learned recently that other contingents of protesters joined the original group who'd assembled at the First Church. Some say they were a noisy, rude, boisterous, disrespectful group. They were not connected with the original call. Rightly, some at the gathering chastised them, especially when allegedly shouters interrupted the part of the festivities that was honoring war dead. Now the Cambridge Peace Commission, one of the groups that had sent out early word of the Army's presence (along with United for Justice with Peace), is feeling the heat. The Commission is being unfairly attacked for organizing a loud disruption.

After a long wait in holding cells where I was finally able to meet my compatriots, sitting together discussing what we'd done, who we were, and what we expected, we were shackled in twos—I was partnered with the stalwart and formidable Patrick, still "blood" spattered—and led into a court room. In the cell I had learned that Patrick had helped organize the gubernatorial campaign of Jill Stein who ran on the Green Party ticket. Matt works for the social action organization, Rise Up, and Caroline had lived in the Catholic Worker House in Boston, Haley House, while writing for the monthly street publication What's Up?. I'd met her two years ago when visiting my friend Al at Haley House who'd been recently released from Walpole prison. Like me, she's been recently to Palestine and Israel.

A lawyer sent over by the AFSC (since Joe and Jaime are on staff) suggested we'd either be given small bail, maybe $40, or released under personal recognizance. Now I began to worry. This experience was becoming real. I would face a judge, perhaps enter a plea. Not guilty might guarantee a trial, but allowed to make a statement; guilty would imply that I accept the state's charges. I felt adrift, nervous, unsure. Joe asked the lawyer if he'd represent me as well, since we were similarly charged. No, can't do that, just AFSC staff. (Later, he told Louise he would step in if things got tough.)

No time to think this thru, no one to talk with other than my new comrades. No way to go on-line and search for information.

This stage of the story, the confusion and uncertainty, reminded me of my recent trip to Palestine, trying to get to the small village of Budrus, outside Ramallah, where internationals were invited to be present for a Palestinian-Israeli demonstration against the Separation Wall. At the first checkpoint, I wasn't sure how to present myself, certainly as a US citizen, since they'd ask for my passport, and then when they asked, as the young soldier did, are you a journalist? whether to answer yes or no. In truth, I don't know myself, since I photograph and write independently of any job. I said no, showed them my passport, and as happened often in the Occupied Territories, received a smile, a nod to pass, and a message to "have a good day." Ah, privilege, always there when you need it.

At the second checkpoint, I didn't have to fuss with the intricacies of who I am. As soon as the soldier saw my passport, he said, "Sorry, you can't pass, only residents of Budrus are allowed in." Off the shared taxi, onto the road, far from any town, I was stranded. The military effectively bared me from observing and photographing an act of civil disobedience, tearing down a portion of the separation fence, as happened on the Cambridge Common. In Palestine I was unsure how to proceed, as I am now in court.

In trying to anticipate what might happen during the arraignment I asked myself a series of questions, with some answers hastily improvised. Suppose the judge sets high bail (Joe had offered to cover a small bail sum, Louise might help, I could use my credit card.)? should I plead guilty and receive a fine? (Joe was sternly against this.) And if I pled guilty and received a fine? Should I pay it? Or conscientiously refuse to pay it and sit in jail?

Entering the courtroom, I quickly scanned the visitor area, looking for Louise and any others who might have come to support. Never was I more grateful to see her and to notice Phyllis of the AFSC, and later Keith Harvey, AFSC's regional executive secretary. And a few others, mostly young, who I understood were friends of the Direct Action Project. Ah, I am not alone.

I was the last to be called to stand and hear the disposition. So I wasn't surprised to hear my case, like the others, was continued. I'm to appear on July 15th, Friday, 9 AM, Middlesex County Court House, 40 Thorndike St, East Cambridge. We don’t know exactly when in the day our case will be called.

Louise and I hugged, we shared stories, others greeted and laughed and discussed, I felt light and happy, maybe even joyous, maybe even confused. It is time for me to rejoin the free and consider next steps.

Finally, in a phone conversation with a friend, Y, a few days ago, he said to me, quite alarmed, “Skip, I want you to be careful, don’t take too many chances.” I replied with a story about Henry David Thoreau.

Henry, in jail for refusing to pay the poll tax, which had been levied specifically to support the Mexican-American War, sat in the Concord jail. One day his friend Ralph Waldo Emerson walked by. I picture Henry in a cell in the basement with a window opening to sidewalk level. Ralph leaned down and said, Henry, what are you doing in there? Henry replied, as only that man of few but precise words could, Ralph, what are you doing OUT there?

Later, someone—many think it was Emerson—paid the fine, releasing Henry. Henry claimed he’d rather remain in jail. He went on to write “Civil Disobedience,” a seminal tract inspiring many of us to accept greater and greater risk to witness from our consciences.

Y concluded with, Skip, should you decide, if fined, to not pay, I’ll be your Ralph.

Thanks, Y, but I’d rather you not.

A few corrections to my earlier accounts.

First, apparently some (not necessarily all) teachers did send out permission forms to parents, so far there are no reported cases of coercion. The parent that I claimed (in an early section of this story) pulled out his child did not, his daughter insisted on attending the “field trip.”

Second, some protesters apparently berated teachers in front of their students for bringing their children to the Army event.

Third, at this point it is unclear how much advance information was given about the event. The Cambridge city website posted an announcement at least several days before it happened, but not long enough to organize a good response.

The Boston Globe gave scant coverage to the story of the gathering, highlighting the disruptiveness of the protest, but slighting the reasons for it. I wrote a rebuttal as a letter to the editor. Here’s my concluding paragraph: “…the article ignored our sincere concerns—that the military is engaged in possible war crimes, the war is draining the economy and increasing the threat of terrorism by antagonizing much of the world' population, especially the more than one billion Muslims. Tragically the war in Iraq consigns to death and severe injury many of this nation's young people, like Sergeant First Class Paul Smith who was honored at the ceremony.”

Happily, the website for the Boston Direct Action Project (as I listed in part two of this story) extensively covered their role in the event. While the Army, as expected, extensively portrayed worldwide Army birthday celebrations.

The story is unfolding. In parts of the story, confusion is dissipating, and in others it is swelling. Like the Japanese film Rashomon—multiple stories, each radically different—can be offered for any one incident.

More to follow.

All text and photos (except those by Abby Yanow & Polly Atwood) copyright Skip Schiel, 2005, made on June 14, 2005 on Cambridge Common

Cambridge Chronicle writing and photo:

http://www2.townonline.com/cambridge/localRegional/view.bg?articleid=267612

Army coverage of the birthday celebrations worldwide:

http://www.army.mil/birthday/230/

Civil Disobedience, Henry David Thoreau:

http://www.cs.indiana.edu/statecraft/civ.dis.html

Middlesex County Courthouse:

http://www.mass.gov/courts/jury/170.htm

Another view of June 14th events:

http://blogs.law.harvard.edu/fensterm/2005/06/14#a68

Parts one and two of my story with photos:

http://teeksaphoto.org/RecentPhotos/ArmyCambridgeCommon/index.html