March 2004

Views expressed are those of the authors, not necessarily of the AFSC.

Iowa Peace Activists Quash Grand Jury Subpoenas

Kathleen McQuillen is a staff member of the American Friends Service Committee in Des Moines, Iowa.

Detective Jeff Warford, who introduced himself as being with the Polk County Sheriff's Department, came to the Friends House in Des Moines on Tuesday, February 3 requesting to see Patti McKee, former director of Iowa Peace Network, and Brian Terrell, director of the Catholic Peace Ministry.

Both organizations have offices in the Friends House where AFSC offices are also located. As neither was available Warford left his card with me, asking me to let them know he had papers for them.

It wasn't until I called Patti on the telephone that I noticed the card identified him as being with the FBI Joint Terrorism Task Force. Seeing that in print sent a chill through me. As I read it to Patti, it was clear that she was experiencing some trepidation about it as well - kind of a "well, here they come" feeling.

When Brian arrived later that day he called Warford who then came again to the Friends House and gave Brian a subpoena to appear before a Federal Grand Jury. The subpoena provided little information other than noting "possible violations of federal criminal law in the Southern District of Iowa." Who was the object, and what was the subject, of the grand jury was not known.

It was known that attorneys could not be present in the room when they were to testify on February 10 - only one week away.

Since Patti and Brian were the contact persons and presenters for the nonviolence training held at Drake University in preparation for a civil disobedience action that took place in November, and since AFSC was not involved in that action (the only such local action in which AFSC was not involved) and did not receive a subpoena, we focused on the November action as the likely target of the investigation.

Additional subpoenas were served on individuals from the Catholic Worker House and Des Moines Valley Friends Meeting, and on Drake University as well.

We swung into action. On February 4, we sent out action alerts calling for people to respond by contacting their representatives and media, and further calling for a 12:15 pm rally outside the courthouse on the day of the hearings (February 10th) and a presence outside the grand jury room throughout the day. The Iowa Peace Network also began organizing a prayer vigil for the morning of the hearing.

The public response to our efforts was immediate and very positive. Calls flooded in to Congressional offices, the media, and the District Attorney's office. The Des Moines Register covered the story on the front page for six days.

Our Congressional delegation responded admirably to the public outcry. Senator Harkin and Representatives Boswell and King, despite their ideological differences on most questions, were quick to raise questions about the subpoenas. Later, Senator Grassley did as well. Senator Harkin stayed on top of this and sent a letter to US Attorney General Ashcroft calling on him to get involved to make sure the Des Moines subpoenas were not taking us back into "dark" times when civil liberties were curtailed. Two of Senator Harkin's staff attended the rally and one read a statement from the Senator.

On February 5, public opinion was inflamed further when Drake University announced that it had received a gag order telling Drake employees not to discuss the subpoenas. The Des Moines Register reported that some professors proposed defying the gag order and opposed the University's turning over its records to the Grand Jury.

On February 10, the prayer service drew people from around the state, Minnesota, and Illinois. Our plan for the noon rally's speakers included the four subpoenaed individuals, Sally Frank from the Drake Legal Clinic and member of the National Lawyers Guild, a member of the clergy, a union representative, an immigrant rights activist, an Iowa state representative, and a representative from the Ames Committee for Defense of the Bill of Rights.

The timing of the rally was great. The combined weight of public response motivated the prosecutors to quash the subpoenas that morning. Though the subpoenas were dropped, the Federal prosecutors, in an ominous note, left open the possibility that the investigation could continue. The same day, a federal judge ordered that the gag rule on Drake employees be rescinded. Since we had just found out the largely good news, we had Brian speak first to make that announcement. The cheers were astounding. The tone then became one of celebration for the civil liberties victory we had just won.

The media reported 150 in attendance, while our count was closer to 200. People were overflowing into the street, thus blocking one lane of traffic. This had not been intended but it was very interesting that no authorities came forth to get us back on the sidewalk.

The whole event was videotaped by a Des Moines police officer who tried to stay hidden behind a drape in an upstairs room across the street from the rally. I urged a few reporters to look into it. Two of them then went to the room but had to wait outside the door for an hour before the police would answer the door. When they did answer they identified themselves as Des Moines police - told by their supervisor to tape the rally in case of any problems. It's interesting that there were no police down on the street, "in case of any problems." The question remains whether the taping order came from local police or federal authorities.

A crucial factor in our ability to mobilize people so quickly was our positive relationships with members of the media, local politicians, and other organizations.

Now, along with the National Lawyers Guild, other grassroots organizations, and the Des Moines Register, we are calling for further investigation of this attack on our civil liberties. We are also in the early stages of preparing a city council resolution calling for restrictions on Des Moines police cooperation with the Patriot Act. This incident stands as an example of the power we have when we refuse to be intimidated, isolated, or terrorist-baited.

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