The probable cause hearing concluded without the testimony of paid FBI informant Andrew Darst, who has successfully evaded a subpoena for the hearing. Darst is currently being paid $1,500 per month by the FBI to be on hand for testifying in the case and is legally required to keep a current address with his probation officer. Even so, all attempts to locate Darst have failed and Warner declined to compel him to appear.
“The prosecutors seem intent on using twisted logic to continue pursuing these trumped-up charges,” said Jude Ortiz of the RNC 8 Defense Committee. “We hope that a respect for the right to engage in political organizing will guide the ruling on the probable cause motion and that the charges will be thrown out.”
The judge also affirmed the prosecution’s arguments against suppressing evidence from the preemptive raids during the weekend before the 2008 Republican National Convention. Judge Warner agreed that police officers neglecting to include information about the obvious satire in the “We’re Getting Ready” video did not affect the legitimacy of the affidavits supporting the search warrants used in the raids.
Previously, Ramsey County deputies had testified that they did not recognize satire in scenarios such as a bottle resembling a Molotov cocktail being lit and thrown into a barbecue grill to light a fire for cooking.
Prosecutors also argued that people detained and searched in the politically motivated raid of the RNC Welcoming Committee Convergence Center, a political organizing space for protesters and their supporters, could not expect to be free of unreasonable searches and seizures because they were in a place open to the public.
“What we saw in court was the prosecutors and judge using technicalities in Minnesota law to negate 1st and 4th Amendment protections against government attempts to repress dissent,” said Ortiz.
“If you were to ask the court, it seems they would say that you have the right to dissent as long as you do it on your own at home. It seems that if you associate with others, particularly in public, then it’s fair game for the police to trample your rights whenever they disagree with your perceived political beliefs.”
The next pre-trial hearing is scheduled in September. This hearing will be to determine trial logistics, including jury selection.
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