Local lawyer seeks to subpoena Don Rumsfeld

Sherry Coolidge reports in Friday's Enquirer

Cincinnati attorney Bill Gallagher wants to call former U.S. Defense Secretary Donald Rumsfeld as a witness in a trespassing case against five anti-war protestors.

Gallagher is expected to file a motion today asking Hamilton County Municipal Judge David Stockdale to declare Rumsfeld a material witness in the case against the protestors who were arrested at U.S. Rep. Steve Chabot’s downtown Cincinnati office.

If Stockdale grants the motion, Gallagher can subpoena Rumsfeld.

Gallagher has already issued a subpoena to Chabot in the misdemeanor case that carries a maximum possible sentence of up to 30 days in jail.

“They had a right to be where they were,” said Gallagher, who said he took the case for free because he believes the protestors’ actions were honorable.

Gallagher and three other attorneys represent seven people, including Gallagher’s client Greg Flannery, 48, a 78-year-old nun and two 15 year olds.

The group was arrested Sept. 27 during a sit-in at Chabot’s offices. They refused to leave unless Chabot signed the Congressional Declaration of Peace.

When Chabot, R-Westwood, was unable to meet with the group, all seven were arrested on charges of criminal trespassing.

Gallagher is presenting a “necessity defense,” hoping to convince a jury that the protestors broke the law in order to save human lives and therefore should be found not guilty.

The adult protesters are scheduled for trial Jan. 22. One juvenile case has been dismissed. The other is pending.

Gallagher said the request is not a publicity stunt. Rumsfeld is needed to explain the war’s death toll and cost, he said.

Gallagher said he could subpoena several government officials to discuss the war, but figured Rumsfeld can answer all questions about the war’s death toll and cost.

“He’s retired, he’s got time,” Gallagher said.