Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Sea Shepherd whale activists called pirates, lose ruling by 9th Circuit judges
The Oregonian ^ | February 27, 2013 | Richard Reed

Posted on 02/27/2013 11:05:06 AM PST by jazusamo

Video and slideshow at link.

A federal appeals court panel has branded a Northwest anti-whaling group "pirates," ordering a halt to attacks on Japanese whalers in Antarctic waters.

The outspoken opinion, which reads at times more like "Moby Dick" than a court decision, hands a victory to Miller Nash, a Portland law firm that took the controversial step of representing Japan's whale hunters .

The 9th Circuit U.S. Court of Appeals opinion issued late Monday is also unusual for ordering the transfer of a lower-court judge from the case, finding that U.S. District Judge Richard A. Jones made "numerous, serious and obvious errors" in the ruling that generated the appeal.

The majority opinion of the three-judge panel continues an earlier injunction ordering Sea Shepherd Conservation Society activists to stay at least 500 yards away from Japanese whaling ships.

"You don't need a peg leg or an eye patch," wrote Chief Judge Alex Kozinski in the majority opinion. "When you ram ships; hurl glass containers of acid; drag metal-reinforced ropes in the water to damage propellers and rudders; launch smoke bombs and flares with hooks; and point high-powered lasers at other ships, you are, without a doubt, a pirate, no matter how high-minded you believe your purpose to be."

The opinion is a blow to Sea Shepherd, registered in Oregon and based in Friday Harbor, Wash., known for combating whaling on the high seas. It's a win in a continuing legal battle waged by the plaintiffs, which are led by the Institute of Cetacean Research , a Japanese foundation that cites a scientific-research exception to an international whaling ban.

But the opinion isn't shutting down Sea Shepherd, which continued clashes this week off Antarctica, claiming whalers rammed one of its vessels and deployed stun grenades and a water cannon.

Scott West, a Sea Shepherd spokesman, said that to comply with the appeals court's earlier injunction, the U.S. organization has separated itself from Sea Shepherd Australia, which is now operating the anti-whaling campaign.

"It's not us," West said. "We have separated ourselves from having anything to do with what's going on in Antarctica."

That argument doesn't wash with the Cetacean Institute, which filed suit in 2011 against Sea Shepherd and its president, Paul Watson, whom the judges' opinion describes as eccentric.

Gavin Carter, an institute spokesman in Washington, D.C., noted that Sea Shepherd split its branches after the panel of judges issued a preliminary injunction Dec. 17.

"I would imagine that the courts would be able to see through what they've done," Carter said. "The question now is whether the nations that are flagging the Sea Shepherd vessels, which are the Netherlands and Australia, are going to be willing to continue providing a flag for vessels that the U.S. courts have deemed to be engaging in acts of piracy."

The appeals court judges said their opinion should be taken not as an endorsement of whaling but as a signal that "violent vigilantism by U.S. nationals in international waters" is not condoned.

Judge Jones, a former prosecutor who is a half brother of musician Quincy Jones, has been presiding in Seattle in the case.

The Cetacean Institute appealed Jones' decisions to dismiss its piracy claims and to deny the foundation's request for an injunction against Sea Shepherd. Miller Nash lawyer John Neupert presented arguments in October, supported by his law partner, Chris Helmer.

In the latest opinion, Kozinski wrote that Jones erred in dismissing the piracy claims. "Damaging Cetacean's ships could cause them to sink or become stranded in glacier-filled Antarctic waters," he wrote, "jeopardizing the safety of the crew."

Kozinski wrote in the majority opinion that the case, should be transferred to another district judge, drawn at random, as the case continues in the courts.

But another panel member, Circuit Judge Milan Smith, dissented on that point, saying Jones would be able to put aside his previous views and follow the appeals court's requirements.

"The Sea Shepherds are pirates. Period," Smith wrote. "No district judge could fail to grasp the clarity and firmness of our opinion."


TOPICS: Crime/Corruption; Culture/Society; Extended News; News/Current Events
KEYWORDS: 9thcircuit; ecopirates; ecoterrorists; paulwatson; pirates; seashepherd
Navigation: use the links below to view more comments.
first 1-5051-58 next last
The 9th Circus not only labeled Watson and thugs pirates but removed the federal judge from the case, the 9th Circus got one right.
1 posted on 02/27/2013 11:05:19 AM PST by jazusamo
[ Post Reply | Private Reply | View Replies]

To: jazusamo

It takes a lot of work to be too much for the 9th to stomach.


2 posted on 02/27/2013 11:09:55 AM PST by Colonel Kangaroo
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

I’d like to see the Sea Shepherd take on a Russian ship. Just once. That’s all it would take. I suspect we’d never hear about the Sea Shepherd again.


3 posted on 02/27/2013 11:10:18 AM PST by COBOL2Java (Fighting Obama without Boehner & McConnell is like going deer hunting without your accordion)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

Even a blind squirrel finds a nut now and then.


4 posted on 02/27/2013 11:13:41 AM PST by History Repeats (sic transit gloria mundi)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo
Looks like to me a bunch of pirates going after a bunch of liers...Research my ass.

...what the law should do is STF out of this mess. Either the Japanese whalers sink the Sea Shephard, or vice versa.

...this will not end until one side is sunk....&...frankly, I don't care which.

5 posted on 02/27/2013 11:14:33 AM PST by B.O. Plenty (Give war a chance........)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

if i was a whaling ship captain and was tasked with the safety of the ship, crew, mission, and cargo... i would sink them as a severe threat

i might even have hired a crew to provide security for my ship.

they could even board such a ship, seize it, and imprison the crew with thoughts of hanging them

welcome to the high seas


6 posted on 02/27/2013 11:14:41 AM PST by sten (fighting tyranny never goes out of style)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo
"You don't need a peg leg or an eye patch," wrote Chief Judge Alex Kozinski in the majority opinion. "When you ram ships; hurl glass containers of acid; drag metal-reinforced ropes in the water to damage propellers and rudders; launch smoke bombs and flares with hooks; and point high-powered lasers at other ships, you are, without a doubt, a pirate, no matter how high-minded you believe your purpose to be."

lol!

7 posted on 02/27/2013 11:15:34 AM PST by South40
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo
The 9th Circuit comes up with some flaky decisions because the first time a case is heard, it's heard by a three-judge panel, not the entire court. Two or three judges on that three-judge panel could be from San Francisco, Oakland, Berkeley or Los Angeles and be as nutty as a bowl of granola.

En banc decisions by the 9th Circuit are a little more normal because they're heard by the entire court, which includes several very solid conservatives, including Chief Justice Kozinski, who was appointed by Ronald Reagan. Like Kozinski said, "For better or worse, we are the Court of Appeals for the Hollywood Circuit."

8 posted on 02/27/2013 11:17:24 AM PST by Bryan
[ Post Reply | Private Reply | To 1 | View Replies]

To: COBOL2Java; All

Agreed, they’d only do it once with a Russian ship.

The video in the article is of the activist ship Bob Barker getting sandwiched and rammed but sadly the ships opened up too soon:)


9 posted on 02/27/2013 11:18:04 AM PST by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
[ Post Reply | Private Reply | To 3 | View Replies]

To: B.O. Plenty
Looks like to me a bunch of pirates going after a bunch of liers

Perhaps, but there is one major difference. The pirate are breaking the law, the liars are not.

10 posted on 02/27/2013 11:18:11 AM PST by South40
[ Post Reply | Private Reply | To 5 | View Replies]

To: jazusamo

Judge Koczinski is a conservative. He came to speak at the Federalist Society at Berkeley when I was in law school there. I used to work with his wife, who had a picture in her office of the two of them, in their 20s, with Ronald Reagan.


11 posted on 02/27/2013 11:20:12 AM PST by married21
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

How does the 9th District court have juridiction over internationl waters?


12 posted on 02/27/2013 11:20:22 AM PST by The Iceman Cometh (Proud Teabagging Barbarian Terrorist Hobbit Crazy Cracker Son-of-a-Bitch!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

How does the 9th District court have juridiction over internationl waters?


13 posted on 02/27/2013 11:20:30 AM PST by The Iceman Cometh (Proud Teabagging Barbarian Terrorist Hobbit Crazy Cracker Son-of-a-Bitch!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

It was NOT RAMMED it was brushed big difference


14 posted on 02/27/2013 11:22:00 AM PST by al baby (Hi Mom)
[ Post Reply | Private Reply | To 9 | View Replies]

To: jazusamo

Pirates = outside the law...


15 posted on 02/27/2013 11:22:18 AM PST by castlebrew (Gun Control means hitting where you're aiming!))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Bryan
Agreed, this was a unanimous decision of the three judge panel on the ruling which surprised me though one judge dissented on the removal of the lower court judge.
16 posted on 02/27/2013 11:24:06 AM PST by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
[ Post Reply | Private Reply | To 8 | View Replies]

To: The Iceman Cometh

I understand the Japanese brought suit against Paul Watson and his Sea Shepherd Society and their home base is Friday Harbor in the Seattle area.


17 posted on 02/27/2013 11:28:40 AM PST by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
[ Post Reply | Private Reply | To 12 | View Replies]

To: jazusamo

Now it’s time to teach the Sea Shepherds what comes to Pitates on the high seas, a one way trip to Davy Jone’s Locker.


18 posted on 02/27/2013 11:29:08 AM PST by SandRat (Duty - Honor - Country! What else needs said?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: The Iceman Cometh

They are based in the 9ths district

” The opinion is a blow to Sea Shepherd, registered in Oregon and based in Friday Harbor, Wash.”


19 posted on 02/27/2013 11:29:43 AM PST by Lurkina.n.Learnin (Obama is the Chicken Little of politics)
[ Post Reply | Private Reply | To 13 | View Replies]

To: COBOL2Java
I like watching the TV show but I tend to cheer for the Japanese.
20 posted on 02/27/2013 11:30:07 AM PST by southernerwithanattitude (New and Improved Redneck!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: al baby

That’s true, I worded like the video was labeled.


21 posted on 02/27/2013 11:30:19 AM PST by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
[ Post Reply | Private Reply | To 14 | View Replies]

To: SandRat

Amen to that, it should have happened long ago.


22 posted on 02/27/2013 11:33:29 AM PST by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
[ Post Reply | Private Reply | To 18 | View Replies]

Please bump the Freepathon or click above and donate or become a monthly donor!

23 posted on 02/27/2013 11:38:45 AM PST by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
[ Post Reply | Private Reply | To 1 | View Replies]

To: B.O. Plenty
...this will not end until one side is sunk....&...frankly, I don't care which.

I agree. No heroes on either side.

24 posted on 02/27/2013 11:51:11 AM PST by TangoLimaSierra (To the left the truth looks like Right-Wing extremism.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: jazusamo

I was not directing it to you but more to the idiots that wrote the piece


25 posted on 02/27/2013 11:52:02 AM PST by al baby (Hi Mom)
[ Post Reply | Private Reply | To 21 | View Replies]

To: al baby

No problem, FRiend!


26 posted on 02/27/2013 11:56:55 AM PST by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
[ Post Reply | Private Reply | To 25 | View Replies]

To: jazusamo
So that group is claiming that those people they're attacking have no right to defend against their attacks. Okay, I see the Liberal idiot's there.
27 posted on 02/27/2013 12:05:42 PM PST by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

“The outspoken opinion, which reads at times more like “Moby Dick” than a court decision...”

Gee, I have no idea what opinion the writer of the article holds on this.


28 posted on 02/27/2013 12:12:01 PM PST by RedStateNotShirt
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo
Treat them like PIRATES!


29 posted on 02/27/2013 12:15:04 PM PST by Ruy Dias de Bivar (THE SOUND OF MUSIC at the POTEET THEATRE in OKC! See our murals before they are painted over!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: B.O. Plenty

the japanese are blatantly violating thge whaling treaty, and lying to us all they are not, and are upset we all don’t buy their lies.

the idiot libtard pirates are idiots and whine little little bitches about getting roughed up. if you want to be a pirate, you’re going to get roughed up in fights.

i personally would not mind both sides at the bottom of the ocean.


30 posted on 02/27/2013 12:16:57 PM PST by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: South40

the liars are breaking international treaty law against whaling. they are lying they are only doing it for research. if they weren’ t lying they wouldn’t be breaking intl law. not everyone swallows their blatant lying.


31 posted on 02/27/2013 12:19:40 PM PST by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: RedStateNotShirt

I hear you. Remember this was printed in The Oregonian and they’re in the lib bastion of Portland. :-)


32 posted on 02/27/2013 12:21:05 PM PST by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
[ Post Reply | Private Reply | To 28 | View Replies]

To: Ruy Dias de Bivar

Arghhh....


33 posted on 02/27/2013 12:23:56 PM PST by skinkinthegrass (who'll take tomorrow,$pend it all today;who can take your income,tax it all away..0'Blowfly can :-)
[ Post Reply | Private Reply | To 29 | View Replies]

To: South40
With all due respect, sir...we don't know if the liers are breaking the law. It all depends what they are doing with the whales they kill.

I could believe that to keep up the ruse, they "donate" the whale parts to people who use the parts for "nutrition" studies. In return, the study recipients donate monies for furtherance of the research, ie, killing more whales...

...but as I said, they need to kill each other to end this "standoff"...

34 posted on 02/27/2013 12:27:47 PM PST by B.O. Plenty (Give war a chance........)
[ Post Reply | Private Reply | To 10 | View Replies]

To: sten

I was thinking along the same lines. Now that they are officially pirates, it’s pretty much open season on them. I wonder what one of those harpoon cannon would do to the pilothouse?


35 posted on 02/27/2013 12:34:48 PM PST by Hugin ("Most times a man'll tell you his bad intentions, if you listen and let yourself hear."---Open Range)
[ Post Reply | Private Reply | To 6 | View Replies]

To: The Iceman Cometh
How does the 9th District court have juridiction over internationl waters?

Piracy on the high seas can be punished by any country, under an old legal doctrine called "universal jurisdiction." The doctrine goes back to Roman law, under which pirates were considered hostes humani generis, enemies of the entire human race.

36 posted on 02/27/2013 12:42:09 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 12 | View Replies]

To: The Iceman Cometh
How does the 9th District court have juridiction over internationl waters?

US Constitution, Article I, Section 8:
"To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;"

Congress defined "piracy" and the Courts are simply upholding this Constitutional law and power.

37 posted on 02/27/2013 2:22:38 PM PST by superloser
[ Post Reply | Private Reply | To 12 | View Replies]

To: Secret Agent Man

They aren’t actually breaking a treat or a law. They’re breaking an agreement which has no force of law behind it on any level. They’re in an international group, which has no treaties behind it and is basically just a club, and they’re breaking one of the rules of the group.

http://en.wikipedia.org/wiki/International_Whaling_Commission


38 posted on 02/27/2013 2:33:09 PM PST by discostu (Not just another moon faced assassin of joy.)
[ Post Reply | Private Reply | To 31 | View Replies]

To: B.O. Plenty
With all due respect, sir...we don't know if the liers are breaking the law. It all depends what they are doing with the whales they kill.

I realize the Japanese are not Americans and thus may not in the minds of some be accorded the same assumption of innocence we enjoy here in America. So in your mind are they guilty before until proven innocent? You sure make it sound that way.

The ICRW makes an exception that whales can be taken for scientific purposes and that is what Japan claims it is doing. Until it is proven otherwise in a court of law they have not broken any laws. Conversely, the lawless band of hippie pirates have been found guilty on several counts; heck, they even brag about it. They risk peoples' lives. To my knowledge the Japanese whalers actions do not come close to doing that, unless, of course, you want to blame them for the hippies steering their boat in front of the larger ship. I don't.

39 posted on 02/27/2013 3:43:25 PM PST by South40
[ Post Reply | Private Reply | To 34 | View Replies]

To: Secret Agent Man
the liars are breaking international treaty law against whaling. they are lying they are only doing it for research. if they weren’ t lying they wouldn’t be breaking intl law. not everyone swallows their blatant lying.

Sure thing, comrade. Innocent until proven guilty apparently means nothing to you. So be it.

40 posted on 02/27/2013 3:45:40 PM PST by South40
[ Post Reply | Private Reply | To 31 | View Replies]

To: discostu
They aren’t actually breaking a treat or a law

lol! A salient fact. But good luck getting those who have had their minds manipulated by this television show to accept it.

41 posted on 02/27/2013 3:47:36 PM PST by South40
[ Post Reply | Private Reply | To 38 | View Replies]

To: discostu
They aren’t actually breaking a treat or a law. They’re breaking an agreement which has no force of law behind it on any level.

A treaty has no binding power on any group not a signatory to the treaty. Japan, Norway and a few others never signed, ergo they are not bound.

Norway tends to hunt more whales then Japan does and yet you never hear anyone bitch about them. Make of that what you will.

The hippies also go after tuna boats and have indicated that they are against all fishing.

I wonder how sanguine the hippy huggers will be when their fishing boats are targeted?

42 posted on 02/27/2013 4:00:07 PM PST by Harmless Teddy Bear (Promotional Fee Paid for by "Ouchies" The Sharp, Prickly Toy You Bathe With!)
[ Post Reply | Private Reply | To 38 | View Replies]

To: discostu; South40; Harmless Teddy Bear

BUMP!


43 posted on 02/27/2013 4:18:32 PM PST by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
[ Post Reply | Private Reply | To 38 | View Replies]

To: South40
This whole thing continues to be a ruse. What kind of research needs 5 or 6 whales a day, caught by a processing ship. Come on, it don't take a genius to figure out what is going on here.

These innocent Japanese are selling the whales to the highest bidder, for "research" of course. Maybe the research would be to find out which upscale Tokyo restaurant will contribute the most to the "research" fund.

I would agree that the whalers actions don't even come close to what the hippie lunatics are doing. If I was commanding one of the whalers, the Sea Shepard and its crew would have met Davey Jones a long time ago.

That being said, don't try to blow smoke at us here that the Japanese are not lying about their "research". If the "research" didn't pay well, they wouldn't put up with a bunch of crazy American hippies...and if the Hippies didn't have a TV gig, they would have gone home a long time ago.

The guiding principle here is "MONEY TALKS, AND BULLSHIT WALKS"

44 posted on 02/27/2013 5:22:49 PM PST by B.O. Plenty (Give war a chance........)
[ Post Reply | Private Reply | To 39 | View Replies]

To: B.O. Plenty
I'm not blowing smoke, just stating fact. The Japanese have not broken any laws. In fact, whaling isn't even against the law. See post #38.

I would agree that the whalers actions don't even come close to what the hippie lunatics are doing. If I was commanding one of the whalers, the Sea Shepard and its crew would have met Davey Jones a long time ago.

I partially agree. However, the hippies' actions, while incredibly dangerous to human life, have not risen to the point where they warrant the death penalty. Not in America, anyway.

45 posted on 02/27/2013 6:13:02 PM PST by South40
[ Post Reply | Private Reply | To 44 | View Replies]

To: All


Just A Reminder
Please Don't Forget
To Donate To FR
This Quarter
Less Than $300 To Go!!

Sponsoring FReepers are contributing
$10 Each time a New Monthly Donor signs up!
Get more bang for your FR buck!
Click Here To Sign Up Now!

46 posted on 02/27/2013 6:14:06 PM PST by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
[ Post Reply | Private Reply | To 45 | View Replies]

To: jazusamo; Pan_Yan; All

Ping a roo

BTW their show Whale wars got renew for this summer

Rumor has it they may go to Alaska do crossover by messing with Deadliest catch crews


47 posted on 02/28/2013 10:35:57 AM PST by SevenofNine (We are Freepers, all your media bases belong to us ,resistance is futile)
[ Post Reply | Private Reply | To 1 | View Replies]

To: COBOL2Java
"I’d like to see the Sea Shepherd take on a Russian ship. Just once. That’s all it would take. I suspect we’d never hear about the Sea Shepherd again."

I've always wondered why the Jap Whalers didn't get them some black market antitank weapons and fire a few at the Seasheps below the water line. Now that is a Whale Wars I would thoroughly enjoy!

48 posted on 02/28/2013 10:40:21 AM PST by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the 2nd one...)
[ Post Reply | Private Reply | To 3 | View Replies]

To: SevenofNine
I wouldn't put anything past that slime ball Watson. :-)

I haven't watched even one episode of Whale Wars because I can't stand him but I've seen several post here that watch but say they root for the whalers. lol

49 posted on 02/28/2013 10:43:23 AM PST by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
[ Post Reply | Private Reply | To 47 | View Replies]

To: jazusamo
"The Sea Shepherds are pirates. Period," Smith wrote.

I wonder to what degree this declaration clears the way for the Japanese to respond to acts of piracy with deadly force.

50 posted on 02/28/2013 10:51:55 AM PST by PapaBear3625 (You don't notice it's a police state until the police come for you.)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-58 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson