NLG CHICAGO

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NLG Chicago Attorneys & LOs Give Legal Support to Protestors of Harith “Snoop” Augustus Shooting

Harith Augustus protest

Source: Enough is Enough. Scene of crowd soon after police murdered Harith Augustus, a father and local barber.

On July 14, Chicago Police shot and killed Harith Augustus, a barber and father to a 5-year-old girl. The South Shore community immediately gathered to demand answers. NLG Chicago volunteers responded to requests for support by sending Legal Observers to the scene to document police violence against demonstrators and by sending lawyers to track and visit people in CPD custody.

CPD reported that four people were arrested in total, but without names, we are unable to confirm those numbers or the whereabouts of everyone. At least two people who were briefly taken into custody were released without charges. NLG Chicago collaborated with First Defense Legal Aid and the Law Office of the Cook County Public Defender to identify and support the one other person who remained in CPD custody.

On July 16 at 1 pm, Melvin Johnson, the person who was violently arrested by Chicago Police on the night of July 14, received an I-Bond at 1pm today. Johnson was arrested. This means he will be released without having to pay money.

Harith “Snoop” Augustus Shooting

Source: Loevy & Loevy

On July 18, civil rights activist William Calloway sued the Chicago Police to compel the public release of all unedited videos of the July 14th police shooting. Mr. Calloway is also represented in his suit by Matt Topic and Joshua Burday of Loevy & Loevy Attorneys at Law.

Please follow Black Lives Matter Chicago and BYP 100 for additional updates on the demand for justice for Harith Augustus. #BlackLivesMatter

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NLG Chicago is Part of the Struggle to Keep Families Together

NLG Legal Observer (LO) - Pilsen, June 2018

NLG Chicago Legal Observer (LO) with Pilsen Alliance protestors during the ‘March to Abolish ICE’ (June 2018). www.thepilsenalliance.org

The slogan of the National Lawyers Guild is “law for the People.” This call has always been an ideal that we struggle towards by building dignity-focused, movement-based spaces for advocates and activists to come together.

Small steps have been made over the years. Although some decisions were — and still are — inadequate at the time, they are nevertheless important steps. For example, decisions like Flores, which limited detention of children in immigration proceedings; or Obergefell, which established same-sex marriage rights; or increased pay for teachers through Union support and strikes; or the ongoing fight by Chicago Community Bond Fund to bring dignity to those facing felony charges, freeing those incarcerated solely because they cannot afford to post bond. “Relentless advocacy — by lawyers, paralegals, and organizers — was key to all of these wins.” And in countless other, less known but incredibly important instances, the people who find solidarity through the NLG have continue to fight for dignity, and law that works for the people, across all areas.

Sadly, this ideal of “law for the People” seems so far away right now.

These past few weeks have been devastating as we watch our government rip up what we have fought for and destroy rights belonging to disenfranchised communities across the United States. We protest in fear and anger for ourselves, our families, our friends, our neighbors, our countries. We grieve for the loss and trauma that has come and organize to stop what is coming.

We must continue to organize — to stand in the strength of solidarity across religion, ethnicity, income, and employment. This diversity of thoughts and life experiences is what makes our struggle for dignity a bright light in these truly fucked up times. We need that bright light as a reminder that we are strong and will not give up.

NLG Chicago Legal Observer (LO), Pilsen, June 2018

NLG Chicago Legal Observer (LO) with Pilsen Alliance protestors during the ‘March to Abolish ICE’ (June 2018). www.thepilsenalliance.org

And while this should not need to be said — this should not ever need to be shared — it feels important to remind each of us reading this.

You are wanted, here, in your country. You are deserving of dignity, appreciation, love, and respect. You are needed here. What you bring matters. Who you are matters. You have a community here, built out of our collective tenacity, strength, and loyalty. We, all of us, are lucky you are here. THANK YOU.

Today, the NLG Chicago re-commits to standing with its membership to fight in solidarity with, alongside, and among our many communities for the children separated from families; for the people detained and for those jailed; for all those discriminated against because they are Muslim; for black men and women who daily fight the persecution of police and institutionalized racism; for labor movements fighting for dignity in the workplace; for the First Nations working to save our water and our lands; for women everywhere whose reproductive autonomy is taken away, over, and over; and for countless other struggles.

Guided by our ‘law for the People’ ideal and the light of many movements guiding us through, we stand together.

Stand with us by donating to the work of NLG Chicago.

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Mass Defense Committee and Legal Observers Update

Matt and Skye have accomplished a lot since they started with us a year ago. Both our MDC and LO Program are more organized than ever before.  Thanks to our LOs, activists know that we are keeping an eye on the police during actions, and that we can help protect their rights. Also, when activists are arrested for their activism, they can count on the MDC to have their backs.

Here are some quick facts about the programs:

Legal Observer Program

  • NLG-Chicago had Legal Observers at 50+ actions in 2017
  • This work is made possible by 100’s of volunteers coordinated by 10 attorneys.
  • Thanks to Skye’s efforts, more coordinating attorneys are being recruited to increase LO capacity.
  • Each year the NLG-Chicago spends roughly:
    • $300 on LO hats
    • $350 to train new LOs
    • $5200 on staff

In March 2017, Guild attorneys helped drop the charges of 15 #stopITOA and 5 #noDAPL activists.

Mass Defense Committee

  • NLG-Chicago lawyers represented 36 people arrested in 2017
  • Each year the NLG-Chicago spends $5200 on staff to coordinate clients and volunteer attorneys.

Matt Ginsberg-Jaeckle, of the Mental Health Movement, had this to say about our LOs and MDC:

My name is Matt Ginsberg-Jaeckle, and I was represented by the NLG after several arrests that took place as a result of our many actions of civil disobedience to try to stop Rahm Emanuel from closing half of Chicago’s public mental health clinics. Having an NLG lawyer, not just for me but for the 50+ others who took arrests throughout that effort, was indispensable. Knowing we could count on the NLG gave us more confidence to do what we knew had to be done to draw attention to the injustice of those clinic closures and do everything possible to stop them. More importantly, the NLG listened to us and our desire to use our own legal proceedings to put the city’s inhumane policies on trial. It is rare to find lawyers who are attuned both to the need to defend individual protesters so we can fight another day but also to help advance our organizing efforts  as we defend ourselves. The NLG does both well and I will be forever grateful to them.

Matt Ginsberg-Jaeckle (holding bullhorn) along with other activists/patients being arrested by CPD during a civil disobedience for the Mental Health Movement.

 

To help fund the MDC and the LO Program, donate here!

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Charlottesville and Law Enforcement Investigations Into Social Movements

The statement below was written by individuals providing legal support to anti-racist and anti-fascist movements. It includes an update on law enforcement investigations into the incidents in Charlottesville. The statement also includes valuable advice regarding the risks of talking to law enforcement and why you should seek counsel from experienced movement attorneys if you are contacted by the FBI, local police or other law enforcement officers.

 

If you are in the Chicago area and are contacted by law enforcement regarding any political action, call the hotline for National Lawyers Guild of Chicago: 312-913-0039 and press “0”.

 

In the aftermath of this summer’s white supremacist rallies and attacks in Virginia, local and federal law enforcement are contacting anti-fascist and anti-racist activists and others who were in Charlottesville on August 11 and 12, 2017.

As of this writing (October 27, 2017) we are aware that state and local police (including the Charlottesville Police Department, Albemarle County Police Department, University of Virginia Police Department, and Virginia State Police) have contacted dozens of activists. We are also aware of two activists who have been contacted by federal law enforcement including the FBI. All of the activists contacted by law enforcement were injured either on the evening of August 11 at the University of Virginia campus or during the August 12 march in Charlottesville when a fascist rammed a car into the crowd. Law enforcement is telling all activists that the activists themselves are not the subject of the investigation, but that law enforcement would like to speak to them as victims and witnesses as part of an ongoing criminal investigation.

Everyone we have been in touch with directly has agreed to the above information being shared on their behalf in the interest of transparency and in the spirit of solidarity.

Many people have been calling for the state to prosecute fascists for the extreme violence, terror, and injuries inflicted on August 11 and 12. We recognize that in light of this some people may be considering sharing information with various law enforcement agencies for the purpose of prosecuting the fascists, and that some people have already done so. In this moment we would like to encourage everyone considering “helping” the state’s investigation of fascist violence get legal advice before deciding to talk to any law enforcement agents.

We suggest that people start from the presumption that any information shared with law enforcement will be used against other anti-fascists & anti-racist activists, and that everyone keep the following points in mind:

  • Law enforcement can lie about what the subject of their investigation is.
  • Law enforcement agencies do routinely share information with other agencies (for example, local police departments may share the substance of an interview with the FBI or with ICE).
  • In fact, inter-agency structures are in place to facilitate exactly this type of information sharing (for example, the Virginia Fusion Center: http://www.vsp.state.va.us/FusionCenter/index.shtm).
  • If you make statements now in order to assist police in the investigation and prosecution of fascists and the state later decides to broaden their investigation to include anti-fascist and anti-racist activists, you may be subpoenaed for more information. Refusing to comply with a subpoena later is more difficult (from a legal defenses perspective) if you have previously cooperated with law enforcement investigation efforts.
  • It is possible that a special grand jury either has been or will be convened to investigate anti-fascist and anti-racist actions and efforts surrounding the events in Charlottesville and elsewhere. Any and all information given to law enforcement deepens the reach of a grand jury investigation. Grand juries have historically been used as a tool to repress political movements.
  • Even simply confirming to law enforcement that you were present at an event on specific date or at a certain place can lead to further adverse actions against leftist activists and subpoenas to you for testimony and/or for access to your records (including electronic devices like cell phones and cameras) at a later stage.

We would like to remind everyone of your rights when interacting with law enforcement:

  • You are not required to speak with any law enforcement officer or agent.
  • You have a right to consult an attorney before talking to law enforcement or deciding whether or not to talk to them.
  • You have a right to have an attorney present while being questioned by law enforcement even if they tell you that you are not the subject of the investigation or if you volunteer to do an interview.

We recommend the following:

  • If you are contacted by law enforcement, simply get their name and contact information and firmly let them know that you do not want to speak with them at this time and that they will hear from your attorney.
  • If you do ultimately choose to share information with law enforcement, never discuss your political views or affiliations and never discuss anyone else in any way (including who else was present).
  • Remember that giving photo or video records to law enforcement that show other people does amount to confirming the whereabouts of other activists without their consent.

We also remind everyone that information shared with law enforcement will be used against other people in anti-fascist and anti-racist movements. Even seemingly innocuous details about where you were and at what time can end up being used against other people or simply to construct social maps of our communities. Sharing information can also inadvertently expose others to the type of right-wing harassment and doxing which have recently been so harmful to people in our communities.

For these reasons we recommend that no-one speak with law enforcement. If you have already done so, contact a lawyer as soon as possible for assistance moving forward. If you have been contacted by law enforcement and are considering speaking with them, don’t do it without first contacting an attorney to privately discuss these issues and to decide how to proceed. Always use attorneys who have experience representing members of political movements during criminal investigations or defending activists with criminal charges.

We also encourage people to continue to be transparent about these developments as they occur – secrecy leads to isolation and feeds fear, which are both harmful to solidarity.

This information is not the most up to date, but contains important information and resources.

Resources:

National Lawyers Guild (NLG) Know Your Rights materials:
http://www.nlg.org/know-your-rights/
Center for Constitutional Rights (CCR) If an Agent Knocks booklet:
https://ccrjustice.org/if-agent-knocks-booklet

Article by NLG Chicago member Michael Deutsch on the history of grand juries and how they have been used against political movements
http://peopleslawoffice.com/improper-use-of-federal-grand-jury-michael-deutsch-political-repression/

Freedom Archives background on how grand juries have been used against political movements in the past:
https://search.freedomarchives.org/search.php?s=Grand+Juries

For more on grand juries and the criminal legal process for activists in general we recommend:
A Tilted Guide to Being a Defendant
https://tiltedscalescollective.org/full-book/

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Highlights from DisO 2017

Dis-Orientation is an annual city-wide retreat for law students held by the National Lawyers Guild of Chicago. This year, Dis-Orientation was hosted by Chicago-Kent College of Law Chapter. The speakers for this year were lawyers and organizers with People’s Law Office, Chicago Community Bond Fund, Community Activism Law Alliance, First Defense Legal Aid, Uptown People’s Law Center, and other organizations.

Timothy Rose of People’s Response Team, Emily Coffey and Quinn Rallins of the Shriver Center, and Lam Ho of CALA speak what law in action looks like.

Lavette Mayes of CCBF and Monica Crosby of UPLC explained what lawyers need to do to be accountable to oppressed communities and liberation movements.

The panel on the role of policy was led by Lilian Jimenez, Chief of Staff for Commissioner Chuy Garcia, Alan Mills of UPLC, Max Suchan of CCBF and Samoane Williams of Raise the Floor.

The event was topped off with a Legal Observer training led by two experienced law student LOs from Kent Law School and John Marshall Law School.

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Slutwalk Marcher Lee Dewey Represented by Guild Lawyers Joey Mogul and Sara Garber

On Saturday, August 12, 2017, volunteers from the NLG Chicago Legal Observer Program observed five violent arrests at SlutWalk Chicago 2017. Four people were released that day, but Lee Dewey was held for bond.

As reported on Lee’s fundraiser page, toward the end of the march, Chicago police officers on the scene arrested three organizers and placed them in a police wagon. The dozens of remaining participants, including Lee, were waiting on the sidewalk and demanding police release their friends. Suddenly, police moved in and Lee fell to the ground. Lee’s bicycle fell on top of them, and police piled on. While Lee was on the ground, a CPD officer stepped on Lee’s head and ground it into the pavement. Lee was then arrested, handcuffed, and taken to the 18th District Police Station.

As a result of their rough arrest, Lee sustained several injuries, including an open cut across their thigh. At the station, Lee alerted several police officers to their cut and asked for bandages so they could tend to themselves. Out of an abundance of caution and care for the safety of everyone, Lee informed those CPD officers that they were HIV+.

After Lee shared their HIV status, they were forcibly taken to Rush Hospital—despite the fact they did not consent to or desire such medical treatment. At the hospital, Lee was confronted by a CPD officer and a medical professional who demanded that Lee consent to have their blood taken. They told Lee that a CPD officer was claiming Lee bit their ankle and that there was video footage of the incident. Lee denied then and continues to deny they bit anyone, but felt coerced to give their consent to having their blood withdrawn because of their HIV+ status.

Lee was then falsely charged with Aggravated Battery on a Police Officer for allegedly biting a Chicago Police Officer and falsely charged with Aggravated Assault on a Police Officer for attempting to bite a Chicago Police Commander.

Lee was subjected to similar transphobic and hostile attitudes from Cook County Sheriff’s staff both before and during bond court the next day. In bond court, the prosecutor unnecessarily revealed Lee’s HIV+ status as a way to stigmatize Lee in front of the judge, the public, and on the court record. Lee was given a $100,000 bond that was clearly intended to keep Lee in Cook County Jail. Luckily, Chicago Community Bond Fund immediately posted the $10,000 needed to free Lee, and they were released within a few hours. SlutWalk Chicago, Trans Liberation Collective, and SWOP-Chicago organized the court support event on September 11, 2017.

Lee is facing a Class 2 felony aggravated battery charge. If Lee were to be wrongfully convicted of this charge, they could be sentenced to serve three to seven years in prison. Lee is being represented by Joey Mogul of People’s Law Office (http://peopleslawoffice.com/) and Sara Garber of Thedford Garber Law.

The charges against Lee and Gary are part of a longstanding and disturbing pattern in which queer, gender non-conforming, and transgender people and people with HIV/AIDS are presumptively and falsely framed as malicious and vindictive spreaders of disease. In fact, Lee’s attorney Joey Mogul co-authored an entire book about the criminalization of LGBT people along with co-authors Andrea Ritchie and Kay Whitlock. Queer (In)Justice documents how homophobic and transphobic prejudice pervades law enforcement practice and leads to public stigmatization and false charges, prosecution, and punishment.

Please support Lee by sharing or contributing to this fundraiser for their legal defense and medical expenses!

Contact

637 S. Dearborn St., 3rd Floor
Chicago, IL 60605

(773) 492-1405
chicago[@]nlg.org