Today, attorneys for SC Progressive Network Director Brett Bursey filed a writ of coram nobis, usually translated as “the error before us,” in Federal District Court in Columbia, SC. A coram nobis petition applies to persons who have already been convicted and have served their sentence. Such motions cannot be used to address issues of law previously ruled upon by the court but only to address errors of fact that were not known at time of trial or were knowingly withheld during and after trial from judges and defendants by prosecutors, and which might have altered the verdict were they presented at the trial.

The writ argues that the government withheld evidence of White House involvement in segregating peaceful protestors from from supporters of President Bush at presidential rallies. Bursey was arrested at a Bush rally in Columbia in October 2002 for refusing to be segregated from the general public.

“I said at the time of my arrest that the Secret Service was being used as an armed political advance team by the president,” Bursey said. He filed discovery motions and subpoenas during his trial for any White House directives to the Secret Service, but the government successfully moved to deny his efforts, calling them a “fishing expedintion.”

A recently discovered Presidential Advance Manual instructs the Secret Service to do what Bursey alleged they did to him. “There are several ways the advance person can prepare a site to minimize demonstrators. First, as always, work with the Secret Service and have them ask the local police department to designate a protest area where demonstrators can be placed, preferable not in view of the event site or the motorcade route.” (pg. 32, Presidential Advance Manual, see below).

The Presidential Advance Manual, which was in effect at the time of Bursey’s arrest, clearly states that “If it is determined that the media will not see or hear them (demonstrators) and that they pose no potential disruption to the event, they can be ignored. On the other hand, if the group is carrying signs, trying to shout down the President, or has the potential to cause some greater disruption to the event, action needs to be taken immediately to minimize the demonstrator’s effect” (Presidential Advance Manual: pg. 35). The Manual advises “the formation of ‘rally squads’ to minimize demonstrators.” (Presidential Advance Manual: pg. 34). The rally squad’s task “is to use their signs and banners as shields between the demonstrators and the main press platform. If the demonstrators are yelling, rally squads can begin and lead supportive chants to drown out the protesters (USA!, USA!, USA!). As a last resort, security should remove the demonstrators from the event site.” (Presidential Advance Manual: pg. 34).

Bursey’s lead attorney is Michael Tigar, a professor at Duke Law School and one of America’s leading Constutional lawyers. His former clients include: Lynne Stewart, Terry Nichols, John Demjanjuk, the Chicago Seven, Angela Davis and H. Rap Brown.

“This case involves two of the most important issues that the legal system faces,” Tigar said today. “First, the evidence shows that the White House and federal prosecutors have conspired to shut off speech criticizing George Bush while supporting pro-Bush speakers and demonstrators. Second, the prosecutors misled a federal court by denying the existence of a document that shows there was a plan to suppress peaceful debate about the war in Iraq and other important issues. ”

Bursey was convicted in 2003 for his refusal to go to a remote protest area during an appearance by President George Bush in 2002. The US Supreme Court refused to hear his appeal in 2006. Bursey is the only person ever prosecuted under a 1971 statute that allows the Secret Service to establish “secure zones” for the protection of the president.

Professor Tigar will be assisted by local counsel, Joyce Cheeks, Interim Executive Director of the SC ACLU. Lewis Pitts and Rauch Wise, Bursey’s trial attorneys, will also be assisting. The government has 30 days to respond to Bursey’s motion.

presidential_advance_manual.pdf

Attorney Lewis Pitts and Brett Bursey