Grand Jury Resister Jordan Halliday Loses Appeal

Dear friends,We sincerely regret to inform that Jordan Halliday lost his appeal this morning. We have attached the 10th circuits ruling below.

It is crucial that we show solidarity and support for Jordan in everyway we can. We are calling for solidarity actions from January 21st – 28th, 2012 to show support for Jordan Halliday and grand jury resistance.

During the summer of 2008, the FBI approached Jordan at his place of employment; he refused to answer their questions and told them to leave. They warned him that they would return with a subpoena to testify before a grand jury and six months later they followed through with their threats. They subpoenaed both Jordan, and another ‘activist’ Nikki Viehl who chose to testify. Jordan, however, chose to resist the grand jury in protest due to its abusive and archaic nature.

In March 2009, Jordan appeared before federal grand jury investigating a series of underground animal liberation activities in Utah. He asserted his 5th Amendment right against self-incrimination. The court jailed Jordan for nearly 4 months under civil contempt of court in an effort to compel him to testify. The day after Jordan refused to testify, the grand jury indicted Alex Hall and William James Viehl under the Animal Enterprise Terrorism Act.

The week following his first grand jury appearance Jordan (still in jail) received a second subpoena, which he again refused. While in jail, Jordan also received letters of support from all over the world, made friends, and confidently reflected on his decision not to snitch.

Upon release the court charged Jordan with federal criminal contempt of court, to which he pleaded guilty in August 2010.

There are no sentencing guidelines for criminal contempt. However, the government decided to follow the guidelines of “obstruction of justice”, which has a 10-16 month sentence range. Fortunately, the court only sentenced Jordan to the low end of 10 months. However, Jordan and his attorney believed this was far too much, and appealed for a guideline range that more closely relates to his charge. They appealed to the 10th circuit court of appeals asking that the sentence be reevaluated under the guidelines for “failure to appear”, which has a 0-6 month sentence range.

In November 2011, Jordan’s attorney argued his case orally before the 10th circuit court of appeals in Denver, Colorado. The feeling of hostility and bias could be felt from the beginning and in an unusually fast ruling (it usually takes 3-6 months to rule), the 10th circuit denied Jordan’s appeal exactly a month and a day after his oral argument in Denver.

It is ironic to note, that also today, baseball legend Barry Bonds received a 30-day house arrest sentence which will likely be reduced for perjury, while lying to a grand jury regarding steroid use in December 3, 2003. It’s unfortunate that Jordan, who didn’t lie, rather just simply refused to testify, isn’t a celebrity.

United States history to be charged with criminal contempt of court after already serving time for civil contempt, for the same act of recalcitrance.

Over the past 20 years many animal rights, environmentalists, anarchists and otherwise radical activists and communities have suffered subpoenas and coercive incarceration, but rarely for more than a few weeks. But at present we are experiencing an increase of pressure. Shortly after Jordan’s incarceration an Iowa grand jury subpoenaed Carrie Feldman and Scott Demuth, and held them in civil contempt for four months. Fortunately, neither Carrie nor Scott has been charged with criminal contempt.

Jordan’s case sets a crucial new precedence in terms of grand jury resistance. While friends and family converge to show support and solidarity for Jordan in this time of great sadness, we are calling out for an eruption of many more moments, for acts of recalcitrance anywhere and everywhere, for actions that show solidarity with Jordan Halliday and grand jury resistance. We are asking that support and solidarity begin immediately. But we will also be focusing on and asking for massive global solidarity actions from January 21st-28th, 2012.

We are expecting Jordan to begin serving

For More information Visit:
http://www.supportjordan.com

*be advised, we have been suffering server-side issues with the support site and are working to address them. If the website fails to load, please keep trying back.

You can also visit his support page via tumblr:
http://supportjordan.tumblr.com

Donations can be sent to:
Jordan Halliday
West Jordan, Utah 84081

or via paypal: http://t.co/KgyaXV4G

-Support Jordan Committee

Copy of 10th Circuit Decision: http://www.scribd.com/doc/75893505/10thDenial

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