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GREENSBORO JUSTICE FUND Southeastern Building, Suite 301 102 North Elm Street Greensboro, North Carolina 27401 FEDERAL PROSECUTION IN THE CASE OF THE GREENSBORO MASSACRE Mr. Michaux's Recommendation On June 24, 1981, Mr. H. M. Michaux, then U.S. Attorney, stated to the press that on May 5th, 1981, he had recommended to the Justice Department that they proceed with indicting and prosecuting participants in the November 3, 1979 attack on the anti-klan demonstration in Greensboro which left 5 people dead, for criminal violations of the evil rights statutes. The bases for his decision were (1) his research, including conferences with legal experts and examination of the evidence; and (2) the human factors - the deaths of five people, that an innocent neighborhood was terrorized, and that non-prosecution is a license to terrorist groups. He said that while there x^ere difficult legal questions, he felt that they should be resolved by the courts. Confusion has been projected through the media on two basic and extremely important points: (1) who is the intended target of Mr. Michaux's recommendation and (2) that the victims (the demonstrators) have been and are a "hold up" in the Justice Department's attempt to fil charges and prosecute civil rights violations for November 3rd. Both of these areas of confusion serve to continue the view that those who committed the crime and the victims are equally to blame and this confusion tends to undercut public support for vigorous prosecution of Klansmen, Nazis and other parties responsible for the deaths of November 3rd. (a) Confusion on the intended target of Mr. Michaux's recommendation: In an Associated Press (AP) story carried in the June 25 Durham Morning Herald, the headline was "Rally Charges Urged; Possibly Klan, Nazis, COT". The story also said that Mr. Michaux indicated that charges could be brought against Klansmen, Nazis and supporters of CWP. The article, which Is attached, tends to suggest that the victims are equally responsible for the deaths of November 3rd. AP stories are carried nationally throughout the country. A similar statement suggesting that anti-klan demonstrators could be indicted based on Michaux's recommendation appeared in the June 25 Winston-Salem Journal. There is no basis for this view. One Tuesday, June 23, Mr. Michaux, at his office, informed Nelson Johnson that his recommendation had been that charges be brought against the six Klan/Nazi defendants (from the state court proceeding) and other Klan/Nazi participants under sections 241 and 245(b)(4) of the Civil Rights Act of 1871. (Section 241 prohibits conspiracies against the rights of citizens and section 245 prohibits interference with legally protected activities for a discriminatory motive.) On Thursday, June 25, Mr. Michaux confirmed this information with Nelson Johnson by phone. Mr. Michaux further stated that demonstrators could not be prosecuted under the civil rights statutes and that it would be difficult, in his opinion, to prosecute them under any other federal statute. (b) Confusion on the victims "holding up" the bringing of civil rights violation charges: In the Greensboro Record of June 25, 1981, the headline read "Michaux: Indict Klansmen - Agent Says Mum CWP A Hold Up". This headline gives the false impression that "mum CWP' is a "hold up" to indicting the Klan and Nazis. Actually the story about the Justice Dept. employee and FBI agent Cecil Moses does not really deal
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Full text | GREENSBORO JUSTICE FUND Southeastern Building, Suite 301 102 North Elm Street Greensboro, North Carolina 27401 FEDERAL PROSECUTION IN THE CASE OF THE GREENSBORO MASSACRE Mr. Michaux's Recommendation On June 24, 1981, Mr. H. M. Michaux, then U.S. Attorney, stated to the press that on May 5th, 1981, he had recommended to the Justice Department that they proceed with indicting and prosecuting participants in the November 3, 1979 attack on the anti-klan demonstration in Greensboro which left 5 people dead, for criminal violations of the evil rights statutes. The bases for his decision were (1) his research, including conferences with legal experts and examination of the evidence; and (2) the human factors - the deaths of five people, that an innocent neighborhood was terrorized, and that non-prosecution is a license to terrorist groups. He said that while there x^ere difficult legal questions, he felt that they should be resolved by the courts. Confusion has been projected through the media on two basic and extremely important points: (1) who is the intended target of Mr. Michaux's recommendation and (2) that the victims (the demonstrators) have been and are a "hold up" in the Justice Department's attempt to fil charges and prosecute civil rights violations for November 3rd. Both of these areas of confusion serve to continue the view that those who committed the crime and the victims are equally to blame and this confusion tends to undercut public support for vigorous prosecution of Klansmen, Nazis and other parties responsible for the deaths of November 3rd. (a) Confusion on the intended target of Mr. Michaux's recommendation: In an Associated Press (AP) story carried in the June 25 Durham Morning Herald, the headline was "Rally Charges Urged; Possibly Klan, Nazis, COT". The story also said that Mr. Michaux indicated that charges could be brought against Klansmen, Nazis and supporters of CWP. The article, which Is attached, tends to suggest that the victims are equally responsible for the deaths of November 3rd. AP stories are carried nationally throughout the country. A similar statement suggesting that anti-klan demonstrators could be indicted based on Michaux's recommendation appeared in the June 25 Winston-Salem Journal. There is no basis for this view. One Tuesday, June 23, Mr. Michaux, at his office, informed Nelson Johnson that his recommendation had been that charges be brought against the six Klan/Nazi defendants (from the state court proceeding) and other Klan/Nazi participants under sections 241 and 245(b)(4) of the Civil Rights Act of 1871. (Section 241 prohibits conspiracies against the rights of citizens and section 245 prohibits interference with legally protected activities for a discriminatory motive.) On Thursday, June 25, Mr. Michaux confirmed this information with Nelson Johnson by phone. Mr. Michaux further stated that demonstrators could not be prosecuted under the civil rights statutes and that it would be difficult, in his opinion, to prosecute them under any other federal statute. (b) Confusion on the victims "holding up" the bringing of civil rights violation charges: In the Greensboro Record of June 25, 1981, the headline read "Michaux: Indict Klansmen - Agent Says Mum CWP A Hold Up". This headline gives the false impression that "mum CWP' is a "hold up" to indicting the Klan and Nazis. Actually the story about the Justice Dept. employee and FBI agent Cecil Moses does not really deal |