Legal Support: Frequently Asked Questions

While Considering Risking Arrest

The decision to engage in nonviolent direct action which may lead to arrest is an important one. Folks should understand the personal and political implications of such an act and discern personally if and when to engage in this kind of witness. As nonviolent activists, we recognize that there are citizens, soldiers, civilians and prisoners on all sides who risk their lives on a daily basis, and endure great suffering on a daily basis, and it is these people that we should keep in our minds and hearts during the action. By taking nonviolent action, we hope to join in solidarity with those who suffer most as a result of our government's policy. Whatever risk or suffering we endure in the course of this action, it is very little compared to what the men of Guantanamo have faced since January 11th, 2002.

Beyond risking arrest, there are numerous ways to support the movement to close Guantánamo and bring peace and healing to those imprisoned there. Any and all are welcome to join this effort.

Support Role

Each person risking arrest must secure the support of another individual not risking arrest, her/his Support Person. The responsibilities of that Support Person include knowing/managing the vital stats and personal effects of the person risking arrest, being accessible by phone during the entirety of the arrest and post-arrest period (beginning with the action on Friday and ending when folks are released), and being willing to holistically support the person risking arrest, contemplating her/his emotional, physical, mental, and spiritual well-being.

A support person can serve in this role for more than one person risking arrest. Often an affinity group, depending on its size, will have just one or two support people for the entire group of folks risking arrest. The number of support people needed to support folks risking arrest should be based on an analysis of the supporters' ability to adequately undertake the above responsibilities.

Jail Support Team

The Jail Support Team is comprised of activists and organizers experienced in nonviolent direct action (NVDA). They are coordinating all aspects of support for the arrest process, from pre- through post-arrest. Their duties include properly recording and tracking all those who are risking arrest and remaining vigilant during the entire time that folks are in police custody. They are among those who communicate with law enforcement before, during, and after arrest and are also the point people for information about the status of those arrested.

Additionally, Jail Support folks offer themselves as resources to folks risking arrest and their supporters, to create as safe and encouraging a space as possible in which folks may discern their level of participation in the action. This may include conducting nonviolent direct action trainings and/or community conversation spaces in which to explore the issues that arise when contemplating NVDA.

The Jail Support team is also required to balance the needs of individuals in the moment with what serves the goals of the action and the broader movement. Thus, if an individual wants to risk arrest but has not prepared herself via discernment, trainings, securing a Support person, and/or other means, the Jail Support team may encourage that person to consider another role as appropriate. Additionally, the Jail Support team contemplates and undertakes its role in the context of the planned action scenario, and may not be able to extend the reach of its support beyond the contingencies already planned. Folks seeking to engage in additional action elements, or entirely separate actions, should therefore take this into consideration.

In preparation for Risk-Arrest Scenarios

Those risking arrest are highly encouraged to participate in at least one Nonviolent Direct Action training session, and/or a dialogue session designed to explore the hopes, fears, needs, etc which surface in contemplating and undertaking risk-arrest scenarios.

When possible, folks should also consider joining or forming Affinity Groups. Affinity groups are groups of a few to as many as 20 folks who work in collective. They often do actions together, or execute a smaller piece of a larger action. They know each other well and thus are skilled in mutual care, quick decisions, and adaptability. It is not necessary to be a part of an affinity group in order to participate in this action, though it is a good idea to consider forming relationships with folks who come from your same region in order to facilitate and encourage future collaboration and mutual support. There will be a time on January 10th to identify and join affinity groups.

Further, every person risking arrest must secure her or his own Support Person (see above). The demands placed on the Jail Support Team members largely preclude its ability to serve as individual support people to those risking arrest.

Likely Arrest Scenarios

A large group from the prisoner procession will ascend the steps of the Supreme Court, bringing the names and stories of those imprisoned at Guantánamo to the court, and dramatically petitioning the court to be responsible for these men.

Other affinity groups will be taking part in other creative nonviolent direct action.

There are several different police jurisdictions on and around federal property, and it is difficult to know in advance which entity may do the arresting. In the event that the Metropolitan Police are doing the arrests, folks who are arrested could be released with a citation at a local substation. However, those arrested could be incarcerated overnight and brought before a magistrate in Superior Court on Saturday, or be held over to appear in court on Monday morning. At that point, folks would then probably be released on personal recognizance and scheduled for a hearing. At that court hearing folks will be asked if they want to plead guilty or not guilty. If pleading not guilty, a date to return for trial will be issued. If pleading guilty to a minor charge, a sentence may be issued in the moment. It is very unlikely that a nonviolent action will result in jail time. More likely scenarios would be community service, a fine and/or probation. If there are a considerable number of arrests, it is more likely that folks would not end up in D.C. Jail. There is the possibility of mass arrests being held at the Police Academy or other locations.

We will potentially inviting people who risk arrest to do so without a photo ID, taking the name of a Guantánamo prisoner instead. Some may chose to give this name to the police (which could result in an additional charge) or simply state when asked: "I am here representing ________." Others may choose to remain silent until we are brought before a judge (probably within 24 hours), at which time, we would give our names and read the name of the prisoner we are representing into the court record, symbolically and actually bringing the men of Guantánamo into US courts.

The Jail Support team will be working with the Legal Support team to track all those arrested, including where they are being held and when it is expected that they will be released.