Support Janes Revenge defendant Gabriella Oropresa!
Call for Court Support!!! October 7th 10-10:30PM EST
Support in person at the Elbert P. Tuttle U.S. Court of Appeals in Atlanta, GA at 10 AM. Use the Forsyth St. Entrance. Remember you cannot bring electronics into the courthouse and you must show ID. There is also a livestream: https://bit.ly/SupportGabyO
Gaby was convicted at trial for Conspiracy Against Rights for allegedly participating in graffitiing two "fake clinics" - pro-life propaganda centers which pretend to be abortion clinics in order to trick patients. The Feds did not charge Gaby with the actual crime but rather participating in the conspiracy. Gaby is bringing this complaint to the 11th Circuit Appellate Court: how can someone be guilty of Conspiracy but not the underlying crime? The Feds convicted Gaby of a felony but only ever accused Gaby of a misdemeanor. The Feds escalated the charges, alleging that they are a member of ANTIFA and Janes' Revenge. However no evidence has ever been presented to support this claim as neither are organizations.
WHAT IS A CONSPIRACY?
In the past, Conspiracy was people forming an organization to make money via crime. Prosecutors had to prove that they were operating as an organization rather than individuals. Courts broadened the definition to include more associates of such organizations. Eventually, Conspiracy became anyone that was aware of an organization's ongoing criminal income. You did not need to be a part of the crime, just aware. Courts further broadened Conspiracy to include organizations that do not have illicit income and broadened what constitutes an organization to any two or more persons planning a crime together.
IS THIS A CONSPIRACY?
One of the most common reasons that someone is in Federal Prison is Conspiracy to Distribute drugs. Given Conspiracy's newly broadened definition, this includes:
Example A: your dealer texts you something like "I need to pick up the drugs from my supplier and then I can serve you your drugs"
Example B: you are knowingly dating a drug dealer
In both examples, you are not selling drugs. You are not contributing to the business of selling drugs at all. But you are guilty of felony Conspiracy and would face the 10 years mandatory minimum.
GABY'S APPEAL
Gaby is working to undo the broadening of Conspiracy by chipping away at the definition of a criminal organization being any two or more people that plan a crime together with no intentions of making illicit income. Gaby and her codefendants were not an organization with a budget, income, and membership. Gaby cannot be guilty of Conspiracy but not the crime. If Gaby wins her Appeal, she will be not guilty. Her codefendants can Appeal their indictment of Conspiracy. Nationwide, the Feds will lose the ability to escalate these charges to felonies.
RISING FASCISM IN THE COURTS
Trump designating ANTIFA a terrorist organization is not rooted in law but a broad definition of conspiracy would be necessary to implement this vision. The Trump-appointed head of the DOJ's Civil Rights Division Harjeet Dhillon will be personally arguing the case against Gaby. There have been four federal Janes' Revenge cases nationwide. In all cases, Federal Judges upheld the FACE Act's application to "fake clinics" and in two cases, defendants pled to FACE Act Charges. This is solid, nationwide precedent. On its own, this will not be enough to free people convicted of most types of Conspiracy. This will also not undo the FACE Act precedent. But for Gaby and her codefendants, it could mean freedom.
This could escalate to the U.S. Supreme Court and affect case law across the U.S. Should Gaby lose the Appeal outright, the Feds will be able to continue supercharging cases to felony conspiracy. Stay connected to Gaby's fight, the only Janes' Revenge defendant to go to trial nationwide!
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Autonomie und Solidarität
Ella / UP1
Solidarity South Florida
