The SHERMAN AUSTIN anarchist website case is interesting as an example of (a) a plea bargain, (b) a judge refusing to go along with a plea bargain, (c) a light sentence for terrorist activity, and (d) the crime of promoting terrorism but not actually acting it out. Sherman Austin posted instructions on how to make bombs on his website and the website said to use them at the IMF and World Bank soon. Judge Charles Wilson thought that the 1 month of prison and 5 months of "community confinement" in the plea bargain were not enough. Instapundit on August 5 quotes:

But when Ron Kaye, Austin�s federal public defender, began making his appeal for the new plea agreement, Wilson�s stone-faced demeanor changed: He looked away or fiddled with his glasses whenever Kaye spoke. Before long, an agitated Wilson made it clear he thought even the latest arrangement was too lenient.

" I must tell you," he interrupted Kaye,
" I see this case differently. I�m rather surprised the government hasn�t taken this case seriously."

By " taking the case seriously," Wilson said, he meant setting an example to deter other would-be revolutionaries. He hinted that he favored an 8-to-10-month sentencing range. " Maybe I�m just living in another world" he said of the plea deal. " I just don�t understand it."

For more details, start from here.

It looks to me that even without a guilty plea, it would be easy to convict Austin, just based on what's in the website and evidence that he posted it. It seems clear that he hoped for people to commit acts of arson against particular targets on particular dates and wanted to encourage them and show them how to do it. From the "Security Culture" page:

This pamphlet is essential reading for anyone who is associated with groups that advocate and/or utilize sabotage, theft, arson and more militant tactics.

From another page,

Break The Bank-DC S30 2001
This website was developed as a means to inspire and inform participants of the upcoming action in DC against the International Monetary Fund and The World Bank. We are assuming that you already have knowledge about the IMF/World Bank and why we feel the need to disrupt their engagements. With this convergence comes alot of holes in the security and safety of participants. The information within these pages is to hopefully further the process of filling these holes. Stay safe. Stay free. Stay resistant!

and the Black Bloc page,

The Black Bloc is a tactic that has been used in demonstrations for years. It is used as a security and safety measure. In it's essential form, each participant of a Black Bloc wears somewhat of a uniform (see the Clothing section). The idea of wearing this uniform is that if every single person in the Bloc looks relatively alike, it is hard for the police to determine which individual did what. For instance, if a Black Bloc participant throws a brick at a store window and runs into the Bloc, she will easily blend in with everyone else. However, if a person wearing normal street clothes happens to throw a brick and run into the Bloc, chances are that she will have been filmed or photographed and later caught by the police.

and the "Defensive Weapons" page,

Homemade explosives work very well in riots. There is a huge history of the military using homemade explosives in war, so if it works for them, it can work against them. Click on the links for construction methods.
Molotov Cocktails-The most popular choice in street fighting weaponry. A very useful and effective explosive, made purely of house hold items.
Smoke Bombs-These easily attainable or homemade items are great when dealing with illegal situations. It can shield any media or police cameras from catching anyone on film participating in an illegal act. It can also disorient the police when they are advancing on the crowd. For construction methods, click on the link.
Fuel-Fertilizer Explosives-These will create an overwhelmingly large explosion and should be practiced in large faraway places like the desert before using. Make sure that you will not injure anyone that you do not intend to injure.
Pipe Bombs-Not really the best explosive to use in a street fight but it still works. Causes lots of good damage.
Draino Bomb-A small bomb that is very risky to use. To be used on cars only. Be careful!
Soda Bottle Bomb-A somewhat biowarfare bomb made from aluminum foil and pool acid. The fumes should not be inhaled by anyone you do not want to inhale them.
Match Head Bomb-A small bomb of match heads. Not too fabulous.
Remember: Be careful and responsible with these explosives. Dont blow yourself up, or any of your comrades! Dont get caught!

Just posting how to make a bomb or commit crimes is not a crime in itself, and has been done enough that it probably adds little to the amount of crime. But talking or writing about using them in particular places is criminal, and that sounds right. Otherwise, if we taped Osama Bin Laden planning another bombing, we couldn 't arrest him for that as a crime--he could say it was just talking. True, it is hard to believe that Sherman Austin really thought someone would take him up on his idea of bombing the IMF. But it also sounds like he really wanted someone to do it and would have been delighted to be part of the operation--at least the inspiration for it. So it looks to me like Judge Wilson was right on this one-- and that 12 months in prison is actually a mild sentence. Yet another story of U.S. government excess turns out to be U.S. government mildness.

[ http://php.indiana.edu/~erasmuse/w/03.08.14a.htm ]

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