COLUMBIA - Longtime political activist
Brett Bursey violated federal law by disobeying a Secret Service
agent's order to leave a spot within a few yards of where President
Bush's limousine slowed to make a U-turn, a federal magistrate ruled
Tuesday.
At the same time, U.S. Magistrate Bristow Marchant gave Bursey a
sentence far less severe than the law allows and questioned whether
federal prosecutors should have pursued the case. In a ruling from
the bench, Marchant said Bursey meant no harm to the president, but
rather was making what he believed to be a "principled stand" for
freedom of speech.
Bursey was fined $500. The maximum penalty under the seldom-used
law, which allows the Secret Service to temporarily restrict access
to areas the president is visiting, is 30 days in jail and a $5,000
fine. Because the charge is a misdemeanor, Marchant heard the case
without a jury.
Bursey, 55, who served a prison term for pouring blood over draft
board records during the Vietnam War and who has been arrested
several other times on protest-related charges since then, vowed to
appeal.
"We may have lost this battle," Bursey said during a news
conference outside the courthouse, "but we're winning the war ... by
virtue of the fact that people who learned about this case thought
it was outrageous."
He and his attorneys said they don't want to allow the current
law to stand because it will set a precedent for chilling free
speech.
Assistant U.S. Attorney John Barton, who prosecuted the case,
said the guilty verdict means that "our office will continue to
assist the Secret Service to protect the president. If a similar
situation presents itself in the future, we will not hesitate to
prosecute again."
The incident happened in October 2002 at Columbia Metropolitan
Airport, where Bush spoke on behalf of Republican candidates for
state office. Bursey had arrived with a sign reading "No War For
Oil," a reference to the impending invasion of Iraq.
Bursey said he was told he had to go to a designated "free speech
zone" a half-mile away. Bursey, the American Civil Liberties Union
and others say such zones are a thinly veiled attempt by the Bush
administration to force protesters to stay out of sight during
presidential visits.
The ACLU has filed a civil lawsuit seeking a nationwide
injunction barring the Secret Service from telling local police to
shunt protesters into free-speech zones.
Marchant, in his ruling Tuesday, said that had Bursey been
farther from where Bush's motorcade was to make its turn, he would
have had had a stronger case that the Secret Service had acted
unreasonably.
"In this age of suicide bombers," Marchant said, "the Secret
Service's concern with allowing unscreened persons to stand in such
close proximity to a slow-moving vehicle carrying the president is
not just understandable, but manifestly reasonable."
Marchant rejected the prosecutors' argument, made in a written
brief, that the courts shouldn't second-guess the Secret Service and
law enforcement on security decisions.
"By bringing prosecutions under this statute, the government is
... drawing the courts into the debate over how far the government
can go in restricting the rights of protesters and others in the
exercise of their constitutional rights," Marchant said.
He said his rejection of arguments by Bursey's attorneys that the
prosecutors violated Bursey's constitutional rights didn't mean that
he agreed that they should have gone ahead with the case.
That, he said, "is a decision solely reserved for the government
to make, and for the public to debate."