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Greenpeace classified as pirates by USCG

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  • Greenpeace classified as pirates by USCG

    Piracy Alibi

    July 8th, 2010

    Defence solicitors for a group of suspected Somali pirates are challenging the very heart of the government?s case, arguing that in the history of the United States there has never been a piracy case that did not involve plundering or stealing a vessel.
    For that reason, the solicitors argue, the piracy case should be thrown out of court.
    In their most recent court filing, the solicitors argue that the 200-year-old piracy statute has never been updated and is not applicable to modern-day pirate suspects.
    Under that law, they say, Greenpeace activists who forcibly prevent a whaling ship from conducting its mission could be considered pirates. The filing is the latest in a string of challenges to one of two piracy cases pending here in federal court.
    In a flurry of motions filed over the past several weeks, defence solicitors have provided new details that they say raise more doubts about the intent of one group of six Somali nationals charged in the case.
    It was also revealed publicly for the first time that in the April 10 attack on the Ashland ? a Little Creek-based amphibious dock landing ship ? a seventh man was present and was killed when sailors returned fire, blowing up the small skiff. The Navy never acknowledged a death during the attack.
    That man was the only one with a firearm, the defence solicitors say, making the other suspects less culpable. And with him dead, the real reason he opened fire may never be known.
    In a move to throw out the most serious charge ? piracy, which carries a mandatory life prison term ? the lawyers in the Ashland attack case argue that the legal definition of piracy requires that there be a robbery or seizure of a ship.
    ?Tellingly, the government cites not one example in the history of American jurisprudence of a criminal prosecution for piracy that did not involve the seizure of a ship,? Keith Kimball, an assistant federal public defender, wrote to the court on behalf of the six suspected pirate s. (Each defendant has his own lawyer as well.)
    ?It cites to none because there are none,? he said in the filing.
    But the government contends that the Piracy Act of 1819, on which the case hinges, historically has included different types of violent acts committed on the high seas. Government prosecutors urged the court not to consider piracy as it existed 200 years ago and to rely on modern-day common law and international treaties.
    The Ashland was fired upon just before dawn on April 10 while on patrol in the Gulf of Aden, about 330 nautical miles off Djibouti. The Ashland fired back, causing an explosion that destroyed the skiff.
    After jumping into the ocean, the six surviving Somalis, two seriously injured, were taken into custody and brought to Norfolk U.S. District Court to face piracy and other charges. Part of one man?s leg was amputated as a result of his injuries.
    The case is set for trial Oct. 19.
    In one recent court filing, the Somalis provided their first hint of an alibi.
    They ?repeatedly told investigators that they had helped transport Somali refugees to Yemen and then had been stranded at sea on a small boat without fuel or supplies for several days before firing their single weapon in an act of desperation in order to attract the attention of the USS Ashland,? Kimball wrote.
    Kimball added that all six provided statements to the FBI and Navy investigators asserting their innocence. They told the agents they were lost at sea for five days.
    The government says in one filing that the ?description of the defendants? statements? is inaccurate but does not provide more detail.
    Five other Somalis are charged in a March 31 attack on the Nicholas, a Norfolk-based frigate that had been patrolling the waters off Somalia. Like the others, the indictment says those five, armed with assault rifles, attacked the Nicholas that night, believing in the darkness that it was a merchant vessel.
    That trial is set for Sept. 9, but the solicitors have yet to file any pretrial motions. They have until July 13 to do so.
    All 11 defendants remain in jail without bond.
    Source: http://www.shiptalk.com/?p=5108
    Emeritus Admin & Founding Member

  • #2
    Re: Greenpeace classified as pirates by USCG

    Pot, this is Kettle; colour sit-rep required.

    Some folk think the USCG are a bunch of pirates, so it's all fair I guess.
    '... English is about as pure as a cribhouse whore. We don't
    just borrow words; on occasion, English has pursued other languages
    down alleyways to beat them unconscious and rifle their pockets for
    new vocabulary.' - James Davis Nicoll

    Comment


    • #3
      Re: Greenpeace classified as pirates by USCG

      Originally posted by penfold
      Pot, this is Kettle; colour sit-rep required.
      Is that more sea shanty hip hop talk again?!
      Emeritus Admin & Founding Member

      Comment


      • #4
        Re: Greenpeace classified as pirates by USCG

        Are you not familiar with the phrase, 'the pot calling the kettle black'?
        '... English is about as pure as a cribhouse whore. We don't
        just borrow words; on occasion, English has pursued other languages
        down alleyways to beat them unconscious and rifle their pockets for
        new vocabulary.' - James Davis Nicoll

        Comment


        • #5
          Re: Greenpeace classified as pirates by USCG

          I was commenting on the syllabic prosody of your retort - I dunno what "sit-rep" means. =P
          Emeritus Admin & Founding Member

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          • #6
            Re: Greenpeace classified as pirates by USCG

            Originally posted by nemo
            I was commenting on the syllabic prosody of your retort - I dunno what "sit-rep" means. =P

            Situation Report
            Not all Trade Unionists are left wing, socialists or even ugly

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            • #7
              Re: Greenpeace classified as pirates by USCG

              you got to get down with the cool kids on da boat innit, and learn all the slang and how to do the double click on the radio.....which winds up some deck teams something chronic
              Trust me I'm a Chief.

              Views expressed by me are mine and mine alone.
              Yes I work for the big blue canoe company.
              No I do not report things from here to them as they are quite able to come and read this stuff for themselves.


              Twitter:- @DeeChief

              Comment


              • #8
                Re: Greenpeace classified as pirates by USCG

                What on earth is the double click?

                (I'm quite middle clarse)
                Not all Trade Unionists are left wing, socialists or even ugly

                Comment


                • #9
                  Re: Greenpeace classified as pirates by USCG

                  i take it he means when you end you message but then press down the button so they can't talk. as you are using the channel by MISTAKE
                  Maybe I will never be
                  All the things that I want to be
                  But now is not the time to cry
                  Now's the time to find out why

                  Comment


                  • #10
                    Re: Greenpeace classified as pirates by USCG

                    no just as it sounds a double click, usually after some one has told you something, instead of answering "ok" etc just double press the transmit button, 2 very short silences....most often heard as clicks at the receiveing end, not press, hold release, just press release press....ergo double click....now expect Alistair to tell me off
                    Trust me I'm a Chief.

                    Views expressed by me are mine and mine alone.
                    Yes I work for the big blue canoe company.
                    No I do not report things from here to them as they are quite able to come and read this stuff for themselves.


                    Twitter:- @DeeChief

                    Comment


                    • #11
                      Re: Greenpeace classified as pirates by USCG

                      haha sounds hilarious chiefy

                      can't wait to try
                      Not all Trade Unionists are left wing, socialists or even ugly

                      Comment


                      • #12
                        Re: Greenpeace classified as pirates by USCG

                        Originally posted by Chiefy
                        no just as it sounds a double click, usually after some one has told you something, instead of answering "ok" etc just double press the transmit button, 2 very short silences....most often heard as clicks at the receiveing end, not press, hold release, just press release press....ergo double click....now expect Alistair to tell me off
                        Why would I tell you off - it saves having to unclip the radio from your belt to acknowledge :-p Besides Hotel and Engine have their own channels
                        ?Twenty years from now you will be more disappointed by the things you didn?t do than by the ones you did do. So throw off the bowlines, sail away from the safe harbor. Catch the trade winds in your sails. Explore. Dream. Discover.?

                        ? Mark Twain
                        myBlog | @alistairuk | flickr | youtube Views and opinions expressed are those of myself and not representative of any employer or other associated party.

                        Comment


                        • #13
                          Re: Greenpeace classified as pirates by USCG

                          Originally posted by alistairuk
                          Originally posted by Chiefy
                          no just as it sounds a double click, usually after some one has told you something, instead of answering "ok" etc just double press the transmit button, 2 very short silences....most often heard as clicks at the receiveing end, not press, hold release, just press release press....ergo double click....now expect Alistair to tell me off
                          Why would I tell you off - it saves having to unclip the radio from your belt to acknowledge :-p Besides Hotel and Engine have their own channels
                          oh to have enough staff we require seperate channels for each department
                          Trust me I'm a Chief.

                          Views expressed by me are mine and mine alone.
                          Yes I work for the big blue canoe company.
                          No I do not report things from here to them as they are quite able to come and read this stuff for themselves.


                          Twitter:- @DeeChief

                          Comment

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