November 22, 2009
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The FBI reportedly knows the author of the Reclaim Guide information but has refused to prosecute him, claiming instead in court testimony that Austin wrote the material. Austin and his attorney eventually negotiated a plea bargain with the federal prosecutor that would limit his jail time to one month followed by five months of custody in a halfway house. But when District Court Judge Stephen V. Wilson was informed of the plea bargain at the June 30, 2003, court hearing, he said the case had 'national [and] international overtones' and rejected the plea as being too lenient.

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He ordered the prosecutor to confer with the FBI and the Justice Department, which recommended a one-year prison sentence, a $2,000 fine, and three years of probation, during which Austin is not allowed to use a computer for any organizing work or associate with progressive organizations. With a possible 20-year sentence hanging over his head as a result of PATRIOT Act laws, Austin and his lawyer had no choice but to acquiesce. He's currently serving time at a federal prison in Tucson, Arizona.

Austin calls his experience a sign of what lies ahead for progressives in post-9/11 America. 'If it happened to me, it can definitely happen to you,' he said. 'But don't be scared, because that's what they want. Once they have you in a state of fear, they have you in control.'

For more information, contact jmi46@sbcglobal.net

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