Case 1:12-cv-00331-KBF Document 17
Filed 03/13/12 Page 1 of 7
Carl J. Mayer (CM - 6589)
MAYER LAW GROUP LLC
1040 Avenue of the Americas, Suite 2400
New York, NY 10018
212-382-4686
Bruce I. Afran (BA – 8583)
10 Braeburn Drive
Princeton, New Jersey 08540
609-924-2075
Attorneys for Plaintiff
UNITED STATES DISTRCT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------------------CHRISTOPHER HEDGES, DANIEL ELLSBERG,
JENNIFER BOLEN, NOAM CHOMSKY
ALEXA O’BRIEN, US DAY OF RAGE,
KAI WARGALLA, HON. BIRGITTA
JONSDOTTIR M.P.
Plaintiffs,
INDEX NO. 12-CV-331 (KBF)
v.
BARACK OBAMA, individually and as
representative of the UNITED STATES
OF AMERICA; LEON PANETTA, individually
and in his capacity as the
executive and representative of the
DEPARTMENT OF DEFENSE; JOHN McCAIN,
JOHN BOEHNER, HARRY REID, NANCY PELOSI,
MITCH McCONNELL, ERIC CANTOR
as representatives of the UNITED STATES OF AMERICA
Defendants.
-----------------------------------------------------------------------------------CERTIFICATION OF BIRGITTA JONSDOTTIR M.P.
Case 1:12-cv-00331-KBF Document 17
Filed 03/13/12 Page 2 of 7
1. My name is Birgitta Jonsdottir and I am a citizen of Iceland.
2.
I am a member of parliament of Althing, the Icelandic national parliament,
formerly representing the Citizens' Movement, but now representing The Movement. My
district is the Reykjavík South Constituency. I was elected to the Icelandic parliament in
April 2009 on behalf of a movement advocating democratic reform beyond party politics of
left and right. I have been an activist and a spokesperson for various groups, such as
Wikileaks, Saving Iceland and Friends of Tibet in Iceland.
3. I am also a poet, writer, artist, editor and publisher. My first poetry collection was
published when I was 22 years old by Iceland's biggest publisher, Almenna Bókafélagið,
AB books, in 1989. I organized "Art against war" where a number of Icelandic artists and
poets came out to protest the war in Iraq; I also participated in several international
projects related to writing and activism including "Poets Against the War", "Dialogue
among Nations through Poetry", and "Poets for Human Rights". I edited and published the
two international books: The World Healing Book and The Book of Hope which contains
writings by Lawrence Ferlinghetti, Rita Dove, the Dalai Lama, Rabbi Michael Lerner, John
Kinsella, and Sigur Rós.
4. As a volunteer for WikiLeaks I helped them produce a video called Collateral
Murder in early 2010. At the time WikiLeaks was largely unknown to the rest of the
world. The release of Collateral Murder changed that. This leaked video showed uncut war
crimes, although no-one has been held accountable for the war crimes exposed. The
footage shown in Collateral Murder came from Iraq and showed an American Apache
helicopter in Baghdad, after the Iraqi War but during the insurrection, open fire on a group
of nine to eleven men, most of them unarmed, and two of whom were journalists working
Case 1:12-cv-00331-KBF Document 17
Filed 03/13/12 Page 3 of 7
for Reuters. Eight men were killed, including the two journalists; a second and a third
strike killed more people and wounded two children.
5. WikiLeaks received international attention and later that year became a world wide
sensation because of material it helped expose from the United States. The sensation
around WikiLeaks and the attention to the material it leaked has changed the way we see
our world and has been a source of inspiration for many of the democratic reforms
occurring around the world. It has brought the poor status of freedom of information and
expression into the limelight: 2010 and 2011 were dominated by debates on these issues at
high end panels all over the world from policy makers to grassroots groups.
6. I am acutely aware that WikiLeaks has been classified by elected political leaders
and members of the Obama Administration as a terrorist organization: Congressman Peter
King called the organization a terrorist group: Sarah Palin said: “hunt WikiLeaks founder
like al-Qaeda and the Taliban.”
7. I am also aware that Harvard Law Professor Yochai Benkler suggests the U.S.
government has attempted to falsely frame the WikiLeaks revelations in a way to discredit
WikiLeaks and Julian Assange.1 The false framing begins with what Benkler calls the “hurt
America” argument. A report by Benkler points to a string of statements made by Vice
President Joe Biden, Secretary of State Hillary Clinton, Senator Joe Liebermann, and
Secretary of Defense Robert Gates. For example, the report quotes Biden’s claim that
WikiLeaks is “more like high tech terrorist than the Pentagon Papers.” In addition,
Clinton’s comment, “Let's be clear: This disclosure is not just an attack on America's
foreign policy interests. It is an attack on the international community - the alliances and
1
http://benkler.org/Benkler_Wikileaks_current.pdf
Case 1:12-cv-00331-KBF Document 17
Filed 03/13/12 Page 4 of 7
partnerships, the conversations and negotiations that safeguard global security and advance
economic prosperity.”2
8. I am also aware that Bradley Manning, who leaked government documents, was
charged by the United States government in 2011 with aiding terrorists. (Manning,
allegedly, leaked the video footage that is the basis for Collateral Murder.) In closing
statements at a pre-trial hearing, Capt. Ashden Fein, for the United States government,
stated that Manning had actual knowledge that what he gave to WikiLeaks would end up in
the hands of the enemy and that enemy was Al Qaeda, Al Qaeda in the Arabian Peninsula
(AQAP) and similar enemies.3 The Chairman of the House Homeland Security Committee
has said that WikiLeaks – an organization which published Manning’s documents – should
be classified as a “terrorist organization.”4
9. I am also aware that the Obama administration has pressed Britain, Germany,
Australia, and other allied Western governments to consider opening criminal
investigations of WikiLeaks founder Julian Assange. The administration has also admitted
considering a wide range of criminal charges against Assange and WikiLeaks and it is
widely reported in the press that Assange and WikiLeaks will be criminally indicted,
reflecting the Administration’s belief that WikiLeaks and organizations like it threaten
American national security.5
10. I have also been aware that the United States government takes the position that
Assange and WikiLeaks were using Iceland as a haven for free speech, creating a potential
2
more links to characterizations of WikiLeaks as terrorists can be found at:
http://www.google.com/search?client=safari&rls=en&q=wikileaks+terrorist+organization+fox&ie=UTF8&oe=UTF-8
3
http://www.salon.com/2011/12/23/manning_to_be_charged_with_aiding_terrorists/.
4
http://dailycaller.com/2010/11/29/top-gop-congressman-says-wikileaks-should-be-named-terroristorganization/
5
http://www.infowars.com/obama-wants-wikileaks-assange-charged-with-espionage/
Case 1:12-cv-00331-KBF Document 17
Filed 03/13/12 Page 5 of 7
home for WikiLeaks and other organizations that may violate the laws of the U.S. and other
nations through the release of classified documents and that the Washington seeks to
review its relations with Iceland in the wake of the release of the Afghan war logs.6
11. In fact, I worked with people from all over the world including people from
WikiLeaks on drafting the Icelandic Modern Media Initiative: immi.is – its aim is to create
a save haven for freedom of information, expression and speech in Iceland in relation to the
changed landscape we are living in because of development with content in a digital
format.
12. This work took place around the same time frame as the video was being prepared
for world wide release. The IMMI proposal was successfully passed through the Icelandic
parliament with unanimous vote including all members of the government present.
13. I also sponsored legislation that would ensure Iceland has the world’s strongest
modern freedom of information, expression and speech laws. The European Union is
considering adopting a model based on this legislation. I regularly work with leaders
around the globe on human rights and freedom of information issues.
14. Despite my obvious intentions to report the truth, work for peace and support
openness in government, the United States government brought me into its criminal
investigation of WikiLeaks. On December 14, 2010, upon the application of the Obama
Administration’s Department of Justice, a Federal Magistrate Judge issued a subpoena for
my Twitter account and three other social media accounts including those of Julian
Assange and Bradley Manning. (See Appendix A.) From Iceland, I am fighting this
highly invasive subpoena that even goes after bank records but I now fear going to the
United States.
6
http://www.thedailybeast.com/articles/2010/08/10/a-western-crackdown-on-wikileaks.html
Case 1:12-cv-00331-KBF Document 17
Filed 03/13/12 Page 6 of 7
15. I had a meeting at the Foreign Affairs Ministry in January 2011 with Einar
Gunnarsson Permanent Secretary of State and Kristjan Guy Burgess Political Advisor to
the Minister. Mr. Burgess had just arrived to the Ministry after attending a meeting
accompanying the Foreign Affairs Minister Össur Skarphéðinsson at the U.S. Embassy
with the Ambassador Luis E. Arreaga. Mr. Burgess was asked to pass to me the following
information from the Department of Justice: 1) I was free to travel to the USA; 2) I was not
going to be a subject of involuntary interrogation; and 3) I was not under criminal
investigation.
16. Despite this message the Permanent Secretary of State and the Minister advised me
against traveling to the USA, due to the fact that this message was not in writing and these
conditions could easily change during my flight to the USA.
17. I want to testify in open court for this case and my lawyers have asked that I do so.
However, I had a meeting recently with the Icelandic Permanent Secretary of State and he
again advised me not to travel unless I would get these assurances in writing or a special
visa.
18. As a consequence of the Justice Department subpoena and the involvement in the
criminal case, I will not fly to the United States and am even more fearful of doing so now
that the US Government has additional powers under the Homeland Battlefield Act.
19. I have been invited to keynote many key events in the USA to speak about the issue
of Freedom of information, expression and speech since but I have had to decline all these
offers and have therefore sacrificed important contacts and money.
20. I have a very real and legitimate fear that the federal government will enforce the
Homeland Battlefield Act against me in that my work could be construed as giving
Case 1:12-cv-00331-KBF Document 17
Filed 03/13/12 Page 7 of 7
“substantial support” to terrorists and/or “associated forces” because of the way that the
United States Government views WikiLeaks. I have seen first hand how the Twitter
subpoena means that I can’t travel to the United States and how my financial and other
information will be exposed in a criminal investigation.
21. My understanding of the Homeland Battlefield Act is that it grants even more
sweeping powers to the United States Government and that I could face the prospect of
permanent military detention without even a trial.
22. My free speech activities are already chilled by the looming implementation of the
Homeland Battlefield Act because of my inability to travel to the United States and give the
lectures and interviews that have been requested of me. The Homeland Battlefield
provisions create a greater sense of fear since now the federal government will have a tool
with which to incarcerate me outside of the normal requirements of the criminal law.
Because of this change in the legal situation, I am now no longer able to travel to the U.S.
for fear of being taken into custody as having “substantially supported” groups that are
considered as either terrorist groups or their associates.
23. I am already incurring additional expenses and obligations related to this litigation
against the Homeland Battlefield Act.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on March 12, 2012
______________
Birgitta Jonsdottir, M.P.
Case 1:12-cv-00331-KBF Document 17-1
Filed 03/13/12 Page 1 of 1
Case 1:12-cv-00331-KBF Document 17-2
Filed 03/13/12 Page 1 of 4
Case 1:12-cv-00331-KBF Document 17-2
Filed 03/13/12 Page 2 of 4
Case 1:12-cv-00331-KBF Document 17-2
Filed 03/13/12 Page 3 of 4
Case 1:12-cv-00331-KBF Document 17-2
Filed 03/13/12 Page 4 of 4