Court Agrees to Provide Government More Time on Possible New Hearing for Y-12 Protestors
NS&D Monitor
5/22/2015
The Sixth U.S. Circuit Court of Appeals in Cincinnati has approved the government’s request for an additional 30 days—until June 22—to consider whether to seek a new hearing on the court’s recent decision that overturned the conviction of three Y-12 protesters on sabotage charges. The protesters – Sister Megan Rice, Michael Walli and Greg Boertje-Obed – have since been released from federal prison pending a potential rehearing of the appeals or a resentencing of the three on their other felony conviction (damaging government property). A resentencing hearing has been tentatively scheduled for July 8 in U.S. District Court in Knoxville.
The U.S. Solicitor General will make the decision on whether to seek a rehearing of the appeal of the sabotage conviction, the most serious of the charges and carried the most sentencing weight. If the court’s reversal of the sabotage conviction stands up, the Plowshares protesters will apparently remain free because they would have already served sufficient time in prison for the other conviction on damaging government property. The government is considering whether to file a request for a rehearing, either before the three judges who heard the earlier appeal or before the entire Sixth Circuit. Assistant U.S. Attorney Jeff Theodore said the Solicitor General needs more time to thoroughly review the appeals court’s opinion, consult with the U.S. Attorney’s office and determine whether to seek a rehearing en banc (before the entire Appeals Court).
‘I Believe a Lot of Good Came From This Action’
Meanwhile, Plowshares protester Greg Boertje-Obed stopped in Knoxville, Tenn., following his release from Leavenworth prison in Kansas. He said the release was a “big surprise” because the defense attorneys had indicated it could take months before the appeals process was carried out. Boertje-Obed, who turned 60 years ago two days after his release, was greeted by friends and other peace activists when he arrived at the Greyhound Bus Station in Knoxville. He said he was very happy, and he thanked the attorneys “who demonstrated a great genius” in convincing two of the three appeals court judges to overturn the conviction on sabotage.
Even though he spent two years behind bars, including 14 months at Leavenworth, Boertje-Obed said his protest actions were worth the time, and he said he had no regrets or second-thoughts about the break-in at the nuclear weapons plant in Oak Ridge. “I believe a lot of good came from this action and from our being in jail also,” he said.
Rice, who served time at a federal prison in Brooklyn, N.Y., reportedly is spending time with family following her release, and Walli, who was imprisoned in Pennsylvania, is now with friends in Washington, D.C. Boertje-Obed said the three protesters were not allowed to communicate with each other over the past 14 months, despite multiple requests through the prison system. He said he can’t recall how much time he has spent in jails or prison for his protest actions, noting that he has participated in six Plowshares actions. Boertje-Obed, a military veteran, said he’s not sure if there will be a seventh Plowshares action in his future. He noted that Sister Megan Rice was 82 years old when she did her first Plowshares protest. “I’m almost 60, so I have many years left,” he said.
Protestors Say Action Intended to Draw Attention to UPF
The three protesters said they broke into Y-12 to draw more attention to the government’s plans to build a new production plant – the Uranium Processing Facility – and spend billions of taxpayer dollars to produces more nuclear weapons. The break-in by the three on July 28, 2012 has been characterized as the biggest security breach in the history of the nuclear weapons plant. The protesters used bolt cutters to cut through multiple fences – including the sensor-laden Perimeter Intrusion Detection and Assessment System – to reach the plant’s storehouse for bomb-grade uranium. The three spray-painted messages on the storage facility’s exterior, as well as splashes of human blood, and used small hammer to symbolically chip away at the corner columns of the high-security facility.
Y-12 Hit With Computer Disruption
NS&D Monitor
5/22/2015
Computer operations at the Y-12 nuclear weapons plant were disrupted this week, but the cause remains unclear. The “service disruption” began May 18, and by May 20, a spokeswoman for Y-12 managing contractor Consolidated Nuclear Security said the problem had been “identified and isolated. Ellen Boatner of CNS said “full network capabilities” for the unclassified computer system at Y-12 had been restored. She added, “No further details are available at this time.”
The National Nuclear Security Administration and CNS have refused to discuss the problem with the unclassified computer network or answer any questions about the plant’s classified computer system or address potential impacts on the plant’s production and security. The disruption in the unclassified system scuttled the use of email and other administrative activities that depend on the network. Even with full capabilities reportedly restored on May 20, there were indications that the plant’s email system may not have returned to normal as of press time late this week.
DOE Awards Communications Support Contract
NS&D Monitor
5/22/2015
Mutual Telecom Services, doing business as Black Box Network Services or Black Box, has received a $33.4 million contract from the Department of Energy’s Integrated Support Center in Oak Ridge. According to DOE, Black Box will provide operations, maintenance and upgrades to the Federal Integrated Communications Network that serves multiple federal operations in Oak Ridge – including Oak Ridge National Laboratory, the Y-12 National Security Complex, the Oak Ridge Townsite (which includes the Federal Building and the Office of Scientific and Technical Information), East Tennessee Technology Park, the Office of Secure Transportation, and the Oak Ridge Institute for Science and Education.
In a statement, DOE Manager Kevin Hall said, “This selection comes after many months of evaluations by our selection team for this crucial service, and we are excited to have Black Box on board as our new partner.” The contract with the Massachusetts-based company has a two-year base, with three one-year options. The transition begins June 1.
