by Jason Nellis
Mercury, Nevada – On Friday, April 19, more than two dozen people were arrested during a peaceful, nonviolent demonstration for nuclear abolition and indigenous rights (to end the occupation of the Western Shoshone Nation’s homeland) in the roadway leading to the Nevada National Security Site (N.N.S.S., formerly known as the Nevada nuclear Test Site).
Thirty-three people were detained on N.N.S.S. land until the remaining crowd left the roadway, uphill towards the historic Peace Camp. Twenty-five of those arrested were issued written warnings by Nye County, with the threat that if they return for such ritual, supervised line-crossing events the warning will turn into an actual citation with attached court dates. But eight men and women – the “Good Friday 8” – were taken to the Pahrump Jail (1520 E. Basin Ave., Pahrump, Nevada).
Prior to Friday’s line crossing and arrests at the N.N.S.S., a group of over 50 justice activists and faith leaders gathered for a Western Shoshone Sunrise Ceremony at Peace Camp followed by breakfast and a powerful Nuclear Stations of the Cross Reading, hosted by the Las Vegas Catholic Worker. The Western Shoshone Nation’s Johnnie Bobb had issued Western Shoshone Permits to the entire group, and led the group to a Blessing at the Mercury, Nevada entrance of the N.N.S.S.
The Sacred Peace Walkers and friends were surrounded by artistic media makers gathering content for their programs in California and Colorado. The work of the Nevada Desert Experience to create and wage “Nonviolent Social Change for the Planet” continues to actively reconnect personal responsibility to healing human habitat and the rest of the earth’s environmental healing. Participants at NDE events agree to abide by a Nonviolent Covenant.
Protesters holding up their Western Shoshone permits before crossing the line. Photo by Wendy Rogan.
One returning NDE participant holding his Western Shoshone Permit (which allows non-Shoshone persons to be on either side of the white line in the road to Mercury) is John Amidon. Amidon, of Veterans for Peace, had the chance to state clearly prior to his arrest, “We have a legal responsibility to bring to the attention of the government it’s wrongdoing and that they are in criminal violation of the Non-Proliferation Treaty of 1970 and the 1863 Treaty of Ruby Valley.
The Peoples Indictment of the Nevada National Security Site
Crimes Against Peace and Crimes Against Humanity
April 19, 2019
To President Trump, to Secretary of Energy Rick Perry, to Lisa E. Gordon-Hagerty, Administrator of the National Nuclear Security Administration (NNSA) and to the Nevada National Security Site personnel (NNSS) and to all military personnel and civilian staff at the NNSS, and to the federal law enforcement, private contractors of the NNSS and the local police and Sheriffs Department of Nye County, Nevada:
We bring this indictment to the Nevada National Security Site in response to the existential threat its operation poses to the local and global environment, including but not limited to the possible extinction of the human species. The recent movement of a half ton of weapons-grade plutonium to the Nevada National Security Site is only one example of the reckless, irresponsible and criminal disregard for public safety, the rule of law and the sanctity of life of the government agencies and their contractors that manage the site.
Each one of you, when you became a public servant, serving in a government position or when you joined the United States Armed Forces or police, you publicly promised to uphold the United States Constitution. We take this opportunity to call your attention to Article VI of the US Constitution, which states:
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary not with standing.”
This clause is known as the Supremacy Clause because it provides that the Constitution and laws of the U.S., including treaties made under authority of the U.S. shall be supreme law of the land.
The Supremacy Clause provides part of the Supreme Law of the Land.
One Treaty duly ratified by the U.S. is the United Nations Charter. It was ratified by a vote of 89 to 2 in the U.S. Senate, and signed by the President in 1945. It remains in effect today. As such, it is part of supreme law of the land.
The Preamble of the U.N. Charter states that its purpose is to “save future generation from the scourge of war” and it further states, “all nations shall refrain from the use of force against another nation.”
This Treaty applies both collectively and individually to all three branches of government, on all levels, U.S. federal, state and local governments, starting with the executive branch: the U.S. President and the executive staff; the judicial branch: all judges and staff members of the judiciary; the legislative branch: all members of the U.S. Armed Forces and all departments of Law Enforcement and all civilian staff, who have sworn to uphold the Constitution, which includes Article VI.
Under the U.N. Charter and long established international laws, anyone–civilian, military, government officials, or judge- who knowingly participates in or supports illegal use of force against another nation or its people is committing a war crime.
Today you must recognize that when you promised to uphold the Constitution, you promised to obey Treaties and International Law – as part of the Supreme Law of the Land and furthermore, under the Uniform Code of Military Justice of the U.S., you are required to disobey any clearly unlawful order from a superior.
Based on all the above,
WE, THE PEOPLE, CHARGE THE UNITED STATES PRESIDENT, Donald Trump AND THE FULL MILITARY CHAIN OF COMMAND and the Department of Energy with CRIMES AGAINST PEACE & CRIMES AGAINST HUMANITY, WITH VIOLATIONS OF PART OF THE SUPREME LAW OF THE LAND, including and for the illegal occupation of the Western Shoshone Nation in violation of the Treaty of Ruby Valley, 1863, for the criminal negligence and release of radioactive materials resultant in the deaths of 340 to 690 thousand U.S Citizens, and for the violation of numerous treaties and “rules of international law” including but not limited to the 1868 Declaration of St. Petersburg, the 1907 Hague Convention , the 1948 Universal Declaration of Human Rights, the 1949 Geneva Convention, the 1977 Geneva Convention. the 1928 Kellogg-Briand Pact, Treaty on the Non-Proliferation of Nuclear Weapons, Treaty on the Prohibition of Nuclear Weapons and numerous US military regulations which clearly state that nuclear weapons are illegal.
“United States of America
The US Naval Handbook (1995) states: “Weapons which by their nature are incapable of being directed specifically against military objectives, and therefore that put noncombatants at equivalent risk, are forbidden due to their indiscriminate effect.”
The actions of the US government and all of the above named participants have resulted in EXTRAJUDICIAL KILLINGS, VIOLATION OF DUE PROCESS,
WARS OF AGGRESSION, VIOLATION OF NATIONAL SOVEREIGNTY, AND KILLING OF INNOCENT CIVILIANS.
There is no legal basis for the use of nuclear weapons, no legal criteria for deciding which people can be targeted for killing, no procedural safeguards to ensure the legality of the decision which indiscriminately kill every living being within the kill radius of such weaponry.
The occupation of the Western Shoshone Nation by the DOE and the Nevada National Security Site are a deliberate illegal use of force against another nation, and as such are a felonious violation of Article VI of the US Constitution.
By giving material support to this occupation, you as individuals are violating the Constitution, dishonoring your oath, and committing war crimes.
We demand that you end this illegal occupation and immediately begin the process of nuclear disarmament and stop participating in all nuclear weapons development
As citizens of this nation, which maintains over 700 military bases around the globe, and the largest, most deadly military arsenal in the world, we believe these words of Martin Luther King still hold true, ”the greatest purveyor of violence in the world today is my own government”.
There is hope for a better world when WE, THE PEOPLE, hold our government accountable to the laws and treaties that govern the use of lethal force and war. To the extent that we ignore our laws and constitution and allow for the unchecked use of lethal force by our government, allowing the government to kill whomever it wants, where ever it wants, however it wants with no accountability, we make the world less safe for children everywhere.
We appeal to all United States citizens, military and civilian, and to all public officials, to do as required by the Nuremburg Principles I-VII, and by Conscience, to refuse to participate in these crimes, to denounce them, and to resist them nonviolently.
Signed by:
xxx
from Beyond Nuclear International
Protesters at drone base and Nevada National Security Site cross the line for peace
by John Amidon
We came for the annual Nevada Desert Experience Sacred Peace Walk. But this year, it is different. This year, eight of us will leave the Walk in belly chains. It is Holy Week, Good Friday, April 19, 2019. We are loaded into a white truck to begin the 50-minute ride from the Nevada Test Site — recently rebranded the Nevada National Security Site (NNSS) — to Pahrump Jail.
Our annual pilgrimage for nuclear abolition and in support of Western Shoshone sovereignty had begun a week earlier in front of the National Atomic Testing Museum in Las Vegas. It ended at NNSS where, in the past, we were mostly apprehended, then released. But today we are being treated with a heavier hand.
We walk because we want to see an end to nuclear weapons, but also because we are deeply concerned that should radioactive waste move to be stored at Yucca Mountain it will never be safe. All of these issues intersect at the Nevada National Security Site, a name designed to obscure its deadly and poisonous work.
The Western Shoshone People are the legal owners of the land we traverse and also of much of the State of Nevada, a sovereign nation under occupation.
One of the most beautiful aspects of this year’s walk ( and most years) is the amiable, integrated group of concerned citizens who attend. In 2019 we are Western Shoshone, Paiute, Apache, Chinese, Japanese, Hispanic, black and white, young and old, male and female, gay and straight, representing a variety of faith traditions from across the land. The largest contingent is from Las Vegas, NV, the base for the Nevada Desert Experience. The second largest group from Iowa is a surprise, consisting of mostly young Catholic Workers from the Des Moines area. Big Sky country, (aka Montana) has several representatives as does California. Some of us hail from upstate New York.
Many of our group are long-time participants, returning year after year. This year, the local Fox Affiliate, Channel 5 airs a live report as we prepare to set off — “A 60 mile walk for peace”. Today we will walk the Las Vegas Strip carrying signs and handing out leaflets to the tourists, bringing needed awareness and information about drone warfare and nuclear weapons. At Fremont Street, we hold a die-in, stop for lunch at the Las Vegas Catholic Worker, then protest briefly outside the Department of Energy and National Security Technology Offices. Our walk ends for the day at the statue of Martin Luther King, Jr. in North Las Vegas.
Monday and Tuesday offer the peace walkers an opportunity to more fully experience the Mojave desert. The distant snow-capped peaks of nearby mountains frame the valley and contrast with the sparse desert terrain along Highway 95. On Monday evening, most of our group camp amongst the Joshua trees at Lee Canyon Road. It is a cool evening spent in quiet conversation and much needed rest.
Tuesday we arrive at Indian Springs and Creech Air Force Base, an enormous military establishment presently engaged in the US drone assassination program, which terrorizes large regions of the world while undermining our security here. We will return tomorrow to vigil, but for the moment continue on to Cactus Springs and the Temple of Goddess Spirituality Dedicated to Sekhmet.
The Temple is an oasis of peace. It was partially established to be a counterpoint to the massive violence of the Nevada National Security Site where approximately 1,000 nuclear weapons have been detonated and subcritical testing of nuclear weapons continues to this day, in violation of the nuclear Non-Proliferation Treaty (NPT). The Temple is a place of exceptional beauty and a life affirming center for those who support peace and justice. This evening it is our deeply appreciated resting place.
Even in this moment of tranquility and reflection, we must still discuss the upcoming legal ramifications of our protest at the NNSS. The tension and concern during the discussion is palpable. This is an hour of discernment, looking at and assessing risks and considering our respective roles in the upcoming actions. We suspect that, since prosecutions resumed in late 2018, some of us will likely be arrested and may have to spend several days in Pahrump jail.
We wonder what the charges might be when we “cross the line” onto the NNSS property. Given the arbitrary and often illegal conduct of our legal system, we cannot know for sure. We conclude that the likely outcome for crossing the line will be a simple trespass charge. But inwardly, each of us asks “what risks am I willing to take to bring attention to the urgent need for nuclear abolition?” “Can we truly help in addressing the environmental racism and the illegal occupation of the Western Shoshone Homeland?” “Am I willing to risk jail time? Can I handle it?”
Wednesday morning’s vigil at Creech AFB presented some unexpected opportunities. We learned anyone arrested for blocking the road would be released on site that morning. An unplanned civil resistance action took place when four spontaneous volunteers joined together to block the road to prevent drone pilots from entering. While this act is largely symbolic, Air Force personal faced with the reality of protesters at their gate do reflect on their mission and the illegality of killing people in foreign lands, in undeclared wars, often civilians, sometimes children and women and largely noncombatants. Soon after the arrests, the four resisters were released.
That evening back at the Temple, several health care professionals spoke to us about the high incidence of cancer amongst those working at the NNSS. Concerned for the patients and for the workers presently at the NNSS, they asked how we might make the DOE employees more aware of the risks.
Then Chief Johnnie Bobb, and a Western Shoshone Spiritual Person, arrived. He was a welcome presence amongst us. He exuded good humor, tranquility and patience, all of which encouraged a sense of well being in our community.
Thursday morning came early to the sound of drums as Chief Bobb called us out for morning prayers in the Western Shoshone tradition. We stood and listened as Bobb prayed and sang and lead us in circle dances around the fire.
The last full day of walking to Peace Camp was upon us. Our community was now transformed, a magical bubble of intense energy, floating down the highway, through the vast expanse of this rugged desert land. Tomorrow would be the culmination of our walk, our prayer, our love and the challenge of bringing light, love and understanding to a group of people at the NNSS, possessed by nuclear demons, trapped in fear and profound ignorance.
Peace Camp lies on a stretch of hilly land, directly across the road from Mercury, Nevada and the NNSS. It is a relatively calm night in an area known for its wind. Tonight the desert is peaceful.
Early Friday morning, Johnnie Bobb conducts a Sunrise Ceremony inside the willow circle, a much anticipated and treasured spiritual gathering many of us have come to love. He sings songs to the animals and songs to the rocks. He speaks of Mother Earth and teaches us to offer her water.
We prayed and danced in community and several sang songs of kindness and caring. The sun rising in the east brought light and warmth while the moon setting behind the distant western mountains, gave each of us a blessing. Here we could experience the grandeur and love of creation, a fleeting moment of belonging to something so much larger and pure, something so vast and wondrous, bringing with it the humble realization that we are only one small piece of this magnificent creation.
Soon we would have our last breakfast together before the Nuclear Stations of the Cross. Fourteen stations were set out, each represented by a different affliction we are now facing. The group prayed in remembrance of Good Friday and prayed for strength and guidance, to allow us to help alleviate the suffering so many people are presently experiencing worldwide.
We then joined in circle and Chief Bobb spoke to us briefly before we proceeded to the line beyond which lies the NNSS.
Legally, the Treaty of Ruby Valley, 1863, gives sovereignty and title of the land here to the Western Shoshone People. With permission of the Western Shoshone National Council to be on their land, six of us decided to carry the Western Shoshone Land Use Permits which always served as official identification. We also brought along a copy of the Treaty and a map of the Western Shoshone Homeland. The boundary, that magic “line” at NNSS, is in any case an illegal fiction of the DOE and a disingenuous pretense and insult to all who respect the Constitution of the United States.
We also carried the Peoples Indictment of the Nevada National Security Site, Crimes Against Peace and Crimes Against Humanity, April 19, 2019, which explained the many laws and treaties that the DOE was in violation of. We presented these documents to both the Sheriff’s representative and to the DOE representative who were present. We also carried copies of the NPT which the US government is in violation of, having failed to disarm and in fact producing new nuclear weapons.
Twenty five of us were arrested then released at the NNSS with a warning citation. Eight of us were transported to Pahrump jail. For six of the eight, the charge on the citation read “attempted trespass not amounting to burglary”. Our arraignment is tentatively June 10, 2019, however as of this writing the Nye County DA has of yet not filed charges. We are awaiting further developments.
In the space of a week, the Sacred Peace Walk provides many levels of extraordinary life experience. The friendships made, the tender moments of caring for each other, and the personal joys shared, are not easily captured in words but pulse through the beauty of Joshua trees in bloom, the desert flowers, the desert wind and the rare rainfall. You can join us next year for this amazingly complex and intense experience!
Breaking bread before handcuffs
The desert was blooming. Looking out at the eternal horizon, we saw flowers, not bombs. In fact, other than the ominous blue and red lights from the police cruisers and a black and white sign warning against trespassing, there was little evidence of the Nevada National Security Site.
Even the police presence turned out to be less ominous than could have been reasonably assumed. Nye County Lieutenant Chris Jordan was downright happy to see us, even joining the protesters’ breakfast on Good Friday — an odd sort of breakfast club, given that Jordan would undoubtedly be arresting several of them later that day.
It’s a contention that reflected so much of the experience well. Amy Hadden Marsh had invited me to join her in covering the annual Nevada Desert Experience (NDE) Sacred Peace Walk, a weeklong march that culminates at the Nevada National Security Site, shortly after protesting outside Creech Airforce Base. In a few short days, we spoke with dozens of people, from Western Shoshone Council members to Catholic Worker representatives who had joined the protest to a Desert Research Institute (DRI) archaeologist in Las Vegas — and yes, to the police.
First-timer and Catholic Worker from Los Angeles David Harris spoke at length about his own contentious relationship with land and country. For him, it seemed fitting that walkers sang “This Land” around their first campfire outside Creech.
“This black narrative about land — not about ownership, not even about naturalization — has always used the land in the same way the indigenous people to the Americas use land,” he said, noting his own Ethiopian-American identity. “I think the black narrative is not one of ownership or one of its usage but one of being forced to till it for someone else’s gain.”
That felt particularly poignant sitting on Shoshone land, having been granted a Shoshone permit to be on that land, contemplating willfully getting arrested to protest the United States Department of Energy “tilling” the land via nuclear testing, he continued.
“The United States seems to be the hired hand for the globe, so if we’re making all our money off of military warfare, that basis is just a way for people to practice in a great cash transaction of getting us to do something that we shouldn’t be doing,” he said.
Living history
While the Peace Walk was Harris’s first foray into organized activism, many in the group had decades invested in political action — for them, it was a lifestyle.
Ted Thomas chuckled when thinking about his own arrest record. He was a 19-year-old street performer in New Orleans when he decided to join the Great Peace Peace March for Global Nuclear Disarmament in 1986.
“I’m on a date, and it comes up jokingly: Have you ever been arrested? Sixty-four times,” he laughed. “I was in San Francisco with Food Not Bombs, and … I got arrested every day for a few weeks. It was just a cite and release, but it racked up the numbers.”
James Knight was also part of that cross-country march in 1986. More than 30 years later, he and Thomas still walk together, and many of his closest friends today share that history, he noted. When that walk concluded, “re-entry into civilian life” proved jarring for many — so much so that three protesters died by suicide afterward.
“It’s like you share something that you can’t share with anyone else, which is also similar to what veterans feel,” Knight said. “Like they can only really share this really huge, impactful part of themselves with other veterans.”
Breakfast with the police who would later arrest you for trespassing and relating to veterans’ perspectives while protesting an airforce base are par for the course in these activists’ lives. Their commitment to nonviolence is formalized — NDE even insists that participants sign a statement that includes nonaggression toward law enforcement — and their walk includes as much spiritual grounding exercises and prayer as it does protest.
Western Shoshone National Council Chief Johnnie Bobb often led those prayers. He’d speak to the Shoshone experience — being denied access to sacred sites turned to nuclear testing sites — before switching to his native language.
“I’m going to pray my way, and you pray yours,” he’d say.
And that was the common theme among everyone: a longing for community. When protesting daunting issues like nuclearization and drone warfare and climate change, it can feel a bit like shouting into the void, they all agreed. But if enough people shout together, perhaps they’ll create an echo.
