July / August 2004
Craig Cox Utne magazine
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.'
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