PEACEMAKERS AND A PENNSYLVANIA JUDGE
By Colman McCarthy
Column: COLMAN MCCARTHY
Sunday, May 6, 1990
; Page F02
A bracing mix of judicial candor and integrity was displayed recently in a
Pennsylvania county courtroom. Senior Judge James Buckingham had before the
bench eight defendants who were convicted in 1981 of burglary, criminal
mischief and criminal conspiracy. A dastardly crew, all in all. Nine years
ago, the sentencing judge threw the book at them, a heavy tome that included
three-to-10-year prison stretches.
On appeal in 1984 the conviction was reversed. Prosecutors then appealed
the reversal, with the Pennsylvania Supreme Court ruling favorably for the
state. The case was returned to the Superior Court of Pennsylvania, with a
resentencing ordered in Montgomery County, Pa.
The criminals were the Plowshares Eight, a group of incorrigible
peacemakers who, hammers in hands and resistance to war preparation in their
hearts, damaged two nuclear missile nose cones, poured blood on documents and
prayed for peace. They had slipped into the General Electric plant in King of
Prussia, Pa., a bomb-making facility that had helped the nation's sixth
largest industrial corporation gross an estimated $11 billion in nuclear
warfare systems in 1984-86. GE has plugged itself into the major instruments
of death in the U.S. arsenal: the Trident, MX, Minuteman, Poseidon, Aegis and
Tomahawk cruise missiles; the Stealth and B-1 bombers; fighter planes; and
Star Wars. In the Washington palm-greasing game, GE is a bright bulb of
fluorescent generosity with PAC money and honoraria to its congressional soul
mates.
In passing new sentences on the Plowshares Eight, whose members included
the Rev. Daniel Berrigan, Philip Berrigan and Sister Anne Montgomery of the
Religious of the Sacred Heart, Judge Buckingham declined to throw even a page,
much less the previously sanctioned book, at them. They were dismissed on the
time they had served awaiting trial in 1980-81, amounts from five days to 17
months.
Buckingham said the crimes were minor and not violent: "The defendants were
attempting to make statements. I agree with many of the statements... . The
nuclear industry is a frightening subject."
The judge has an incorrigibility of his own, an opened mind. He broke
ranks from most judges in anti-war civil disobedience cases by allowing the
eight to speak in court both of their motivations and their vehemence against
the American military machine. Not a one of the eight was burdened by
reticence, despite the memory of the original sentencing judge in 1981 who
treated the defendants as self-anointed, Christ-hounded doomsayers who broke
the law and now needed to have the law break them, and without a peep from the
docket. That judge was criticized by the Superior Court for his "acrimonious
series of confrontations."
Before a calmer judge this time, each of the eight restated what Thoreau,
Gandhi, the Rev. Martin Luther King Jr. and other miscreants told their courts
after guilty verdicts were delivered: Conscience comes before the state, no
one is excused from defying unjust laws. The 1980 statement of the group,
issued when entering the bomb factory, still held: "In confronting General
Electric, we choose to obey God's law of life, rather than a corporate summons
to death. Our beating of swords into plowshares is a way to enflesh this
biblical call. In our action, we draw on a deep-rooted faith in Christ, who
changed the course of history through his willingness to suffer rather than to
kill. We are filled with hope for our world and for our children as we join
this act of resistance."
After listening to the Plowshares Eight, Buckingham acknowledged that when
he "came down here today my ideas were a little different." The judge praised
the defense attorney, Ramsey Clark, a former U.S. attorney general who
described the eight as "a gentle, principled, loving and devoted people who
have made a stunning difference in the lives of all who know them and, beyond
that, in the lives of millions."
Most judges, products first of law schools that require no courses on civil
disobedience and then years of not questioning a government that bankrolls the
legal slaughter that results from weapons making, disdain such dissidents as
the Plowshares Eight. "Who are you to be above the law?" is the rote query. If
the question were fairly phrased, it would ask, "Who are you to be above the
law that sanctions human annihilation?" Then the answer is rational: "I'm a
citizen with a conscience that values life over state-ordered killing."
As surely as the General Electrics keep the assembly lines of death in high
gear, protesters keep coming. The Nuclear Resister Newsletter, a Tucson
publication, reports that 37,000 citizens were arrested in the United States
and Canada in the 1980s for anti-nuclear disobedience.
These are citizens to be honored, their defiance celebrated. They protest
legal violence, always the last temple to be stormed because the idolatry of
law is America's civil religion. General Electric, godlike, says, "We bring
good things to life." Defy the sham of that dictum and some judge may give you
life, or three to 10 years.
Articles appear as they were originally printed in The Washington
Post and may not include subsequent corrections.
Return to Search Results