Grand Jury Resister Jordan Halliday loses appeal

From: Support Jordan

Dear friends,

We sincerely regret to inform that Jordan Halliday lost his appeal
this morning. We have attached the 10th circuits ruling below.

It is crucial that we show solidarity and support for Jordan in
everyway we can. We are calling for solidarity actions from January
21st - 28th, 2012 to show support for Jordan Halliday and grand jury
resistance.

During the summer of 2008, the FBI approached Jordan at his place of
employment; he refused to answer their questions and told them to
leave. They warned him that they would return with a subpoena to
testify before a grand jury and six months later they followed
through with their threats. They subpoenaed both Jordan, and another
'activist' Nikki Viehl who chose to testify. Jordan, however, chose
to resist the grand jury in protest due to its abusive and archaic nature.

In March 2009, Jordan appeared before federal grand jury
investigating a series of underground animal liberation activities in
Utah. He asserted his 5th Amendment right against self-incrimination.
The court jailed Jordan for nearly 4 months under civil contempt of
court in an effort to compel him to testify. The day after Jordan
refused to testify, the grand jury indicted Alex Hall and William
'BJ' Viehl under the Animal Enterprise Terrorism Act.

The week following his first grand jury appearance Jordan (still in
jail) received a second subpoena, which he again refused. While in
jail, Jordan also received letters of support from all over the
world, made friends, and confidently reflected on his decision not to snitch.

Upon release the court charged Jordan with federal criminal contempt
of court, to which he pleaded guilty in August 2010.

There are no sentencing guidelines for criminal contempt. However,
the government decided to follow the guidelines of "obstruction of
justice", which has a 10-16 month sentence range. Fortunately, the
court only sentenced Jordan to the low end of 10 months. However,
Jordan and his attorney believed this was far too much, and appealed
for a guideline range that more closely relates to his charge. They
appealed to the 10th circuit court of appeals asking that the
sentence be reevaluated under the guidelines for "failure to appear",
which has a 0-6 month sentence range.

In November 2011, Jordan's attorney argued his case orally before the
10th circuit court of appeals in Denver, Colorado. The feeling of
hostility and bias could be felt from the beginning and in an
unusually fast ruling (it usually takes 3-6 months to rule), the 10th
circuit denied Jordan's appeal exactly a month and a day after his
oral argument in Denver.

It is ironic to note, that also today, baseball legend Barry Bonds
received a 30-day house arrest sentence which will likely be reduced
for perjury, while lying to a grand jury regarding steroid use in
December 3, 2003. It's unfortunate that Jordan, who didn't lie,
rather just simply refused to testify, isn't a celebrity.

United States history to be charged with criminal contempt of court
after already serving time for civil contempt, for the same act of
recalcitrance.

Over the past 20 years many animal rights, environmentalists,
anarchists and otherwise radical activists and communities have
suffered subpoenas and coercive incarceration, but rarely for more
than a few weeks. But at present we are experiencing an increase of
pressure. Shortly after Jordan's incarceration an Iowa grand jury
subpoenaed Carrie Feldman and Scott Demuth, and held them in civil
contempt for four months. Fortunately, neither Carrie nor Scott has
been charged with criminal contempt.

Jordan's case sets a crucial new precedence in terms of grand jury
resistance. While friends and family converge to show support and
solidarity for Jordan in this time of great sadness, we are calling
out for an eruption of many more moments, for acts of recalcitrance
anywhere and everywhere, for actions that show solidarity with Jordan
Halliday and grand jury resistance. We are asking that support and
solidarity begin immediately. But we will also be focusing on and
asking for massive global solidarity actions from January 21st-28th, 2012.

We are expecting Jordan to begin serving

For More information Visit:
http://www.supportjordan.com

*be advised, we have been suffering server-side issues with the
support site and are working to address them. If the website fails to
load, please keep trying back.

You can also visit his support page via tumblr: http://supportjordan.tumblr.com

Donations can be sent to:
Jordan Halliday
West Jordan, Utah 84081

or via paypal: http://t.co/KgyaXV4G

-Support Jordan Committee

Copy of 10th Circuit Decision: http://www.scribd.com/doc/75893505/10thDenial

Support Grand Jury Resister Jordan Halliday

Email: SupportJordan@live.com
Website: http://www.supportjordan.com

Hey friends,

I know it seems like forever ago that Jordan Halliday was first
called to a Grand Jury which he resisted. In a way it was forever
ago, he was first approached by the FBI in 2008 regarding local mink
farm raids in Utah. He refused to cooperate with the FBI and was told
he would face a subpoena to testify in front of a grand jury. Six
months later the FBI followed through, Subpoenaing both Jordan and
another 'activist' who chose to testify. Jordan however chose to
resist the grand jury in protest due to its abusive and archaic nature.

Grand juries are called when the government lacks evidence to indict
an individual for a crime. Witnesses are subpoenaed to testify before
the grand jury in hopes of providing evidence to the prosecution.
Little is known about these secretive proceedings, because all
information is considered sealed and classified. A witness that is
called before a grand jury is not allowed to have a lawyer present
with them in the grand jury room.

In recent years activists have seen an increase in subpoenas to grand
juries. These subpoenas are often used to harass and intimidate legal
above-ground activists, like Jordan feels is the case, in his
situation. The prosecutor can ask any question and if you refuse to
answer or if you lie, you could be held in contempt of court or
perjury. With no lawyer present for the witnesses, prosecutors can
often ask for information not relevant to a crime in hopes to harass,
intimidate or 'fish' for information, in a secretive manner which
many consider a modern day witch hunt. Jordan said he was mainly
asked information about his friends, family, and general life and
refused to answer any of them.

Jordan refused to answer any of the questions he was asked, the 3
times he was subpoenaed. He was incarcerated after his second
appearance for "civil contempt of court". He eventually was granted
immunity. Yet still refused to cooperate and stayed in jail until the
term of the grand jury expired 4 months later. Upon release he was
indicted with "criminal contempt of court", and was released on
pre-trial pending trial, eventually he took a non-cooperating plea
deal, and was sentenced to 10 months plus 3 years probation under the
guidelines low-end range for "obstruction of justice", which has a
10-16 months recommended range. He was ordered to report to the
federal custody early January, 2011. Although he was able to stay out
on a release pending his appeal, just days before he was due to
present himself.

Jordan and his lawyer filed an appeal arguing that a guideline range
for "failure to appear" which has a 0-6 month recommended range, was
more fitting for Jordan, who still to this day claims he has no
knowledge of any illegal underground activity or actions. In fact the
individuals Jordan was allegedly called in to testify against, have
both already been indicted, convicted, sentenced and have served
their time already, without the help of a testimony by Jordan.

On November 15th, 2011, Jordan's attorney argued their final
arguments before the court of appeals in Denver, Colorado. Jordan
says he felt a bias and hostility from the beginning and although his
lawyer did an excellent job, felt the judges already had their minds
made up. Jordan's lawyer also said he wasn't very optimistic about
the outcome. It typically takes 3-6 months before a ruling comes back.

Although we remain optimistic that Jordan might still win his appeal
and get the low-end sentence of 0 months, we are also confronting the
reality that he is more likely going back, than staying out. With the
possibility of prison coming soon for Jordan. We have decided to
start accepting donations again. Currently he is now only around $350
in legal debt, although we will continue collecting donations in case
of incarceration. If Jordan wins his appeal and doesn't end of having
to serve any additional time, we will be distributing the remaining
donations to other political prisoners and activists in need.

You can donate by PayPal by visiting "supportjordan.com", or you can
send a donation or letter of support to:

Jordan Halliday
PO BOX 601
West Jordan, Utah 84084

This is an important case for the future of all activists, radicals
and dissidents. If his appeal is not heard, he will be going back to
prison for an additional 10 months, this is on top of the 4 he
already served. With a total of 14 months and 3 years probation, he
will be serving more time than the individuals he was called to
testify against, who were convicted under the Animal Enterprise
Terrorism Act. Jordan is also the first dissident in decades and only
the 3rd known case to be convicted of "criminal contempt of court"
after already serving time for "civil contempt of court".

Jordan needs our support now more than ever. Let him know he hasn't
been forgotten in this long period of legal battles.

We are all proud of Jordan. Please re-post this to as many places as
you can. He needs our support.

-Jordan's Support Committee

Email: SupportJordan@live.com
Website: http://www.supportjordan.com
Twitter: http://www.twitter.com/SupportJH
Facebook: http://www.facebook.com/pages/Support-Jordan-Halliday/107550725954849
Myspace: http://www.myspace.com/SupportJordanHalliday
-Animal Defense League of Salt Lake City
www.ADLSLC.org