To Get Out of Jail, Arrested Persons Must Agree Not to ProtestIn an open violation of the rights to conscience, speech and assembly, federal forces in Portland, Oregon are arresting people and then only releasing them if they agree not to protest or even go near protest areas. Many are being arrested on minor charges, like "failing to obey" an order to get off a sidewalk. Then people are being forced to agree not to protest as a condition for release. Many find themselves forced to submit to this blackmail as otherwise they could remain in jail until trial, which could be weeks away, leaving their families vulnerable in their absence. Since July 20, the federal government has sharply increased the number of protesters it is charging with federal crimes. The petty offences used are classified as federal misdemeanors only because they occur on federal property which includes sidewalks around the courthouse. Court documents show that over a third of the protesters are charged with "failing to obey a lawful order," with 14 charged between July 21 and July 24 alone. Others are charged with assault on a federal officer, though no officer is actually named. At least 12 of those arrested in recent weeks have been specifically barred from attending protests or demonstrations as they await trials on federal misdemeanor charges. Some are barred from protests in Portland, others from any in Oregon and still others from actions anywhere in the country. "Defendant may not attend any other protests, rallies, assemblies or public gathering in the state of Oregon," states the "Order Setting Conditions of Release" for one protester, alongside other conditions such as appearing for court dates. In at least two cases, there are no geographic restrictions. One release document instructs, "Do not participate in any protests, demonstrations, rallies, assemblies while this case is pending." The orders are signed by federal magistrate judges who have broad authority to set the terms of release for anyone accused of a crime. They typically receive recommendations from U.S. Pretrial Services, an arm of the Justice Department, which gathers input from prosecutors and others involved in the case. It is suspected the bans on protesting were initiated by Justice Department officials. U.S. Attorney for Oregon, Billy J. Williams, for example has branded demonstrators as "violent extremists." "We're going to do what we need to do to protect federal property," Williams said. Linking release to agreeing not to protest is also a means to further criminalize participating in demonstrations. Those involved are not charged with violent offences and it is only federal because it occurred on federal property, or at least that is what is claimed by federal forces. Release conditions are supposed to be related to public safety or risk of flight. Imposing such conditions thus implies that demonstrating is a "public safety" risk while also serving to threaten those defending rights with such bans. As continued actions by thousands show, the intimidation is not succeeding.
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