Crimes and Criminal Procedure - 18 USC Section 2388
Sec. 2388. Activities affecting armed forces during war
(a) Whoever, when the United States is at war, willfully makes or conveys false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies; or
attempts to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, WILLFULLY OBSTRUCTS THE RECRUITING OR ENLISTMENT SERVICE OF THE UNITED STATES, TO THE INJURY OF THE SERVICE OR THE UNITED STATES, OR ATTEMPTS TO DO SO -
Shall be fined under this title or imprisoned not more than twenty years or both.
(b) If two or more persons conspire to violate subsection (a) of this section and one or more such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in said subsection (a).
(c) Whoever harbors or conceals any person who he knows, or has REASONABLE grounds to believe or suspect, has committed, or is about to commit, an offense under this section, shall be fined under this title or imprisoned not more than ten years, or both.
(d) This section shall apply within the admiralty and maritime jurisdiction of the United States, and on the high seas, as well as within the United States.
Both the Berkeley City Council and Code Pink have clearly and blatantly broken the above Federal Law. This is not a “free speech” issue, it is an issue of Laws of the Land which hold us back from total anarchy in this nation. Berkeley should not get a free pass to break it. Has anyone notified the Code Pinkers that they have a right to protest, but they legally have no right to do it when they are obstructing and interfering with an United States Marine Recruiting Station?
Hopefully soon someone who can will seek litigation under 18 USC CHAPTER 115 - Treason, Sedition, and Subversive Activities. There are several areas of Chapter 115 that would apply, and Sec 2388 is the most obvious place to begin. A knowlegeable team of prosecutors would have a hayday in court.
The Berkeley PD has the Berkeley Minicipal Code on their side, providing they actually enforce the laws...otherwise it can be used against them.