From: [redacted] To: [redacted] Subject: sherman martin austin / raisethefist.com Date: Mon, 12 Aug 2002 to all concerned parties: This e-mail is in reference to an earlier one i sent yesterday regarding Sherman Austin, webmaster of raisethefist.com. Some additional info: date plea agreement faxed: aug 7, 2002. offer expires and is withdrawn if not accepted by aug 9, 2002. sherman has told me that the deadline for him to accept this deal is now aug, 15, 2002 charges dropped in exchange for guilty plea on 18USC 842 (P)(2)(A): the original charges of (1) count of 26USC 5861 D, possessing the components of a molotov cocktail and posession of a unregistered firearm and (2) counts of 18USC 1030 A, intentionally accessing protected computers without authorization and causing damage to those systems in and before jan, 2001. "defendant understands that the USAO is free to prosecute defendant for any other unlawful past conduct or any unlawful conduct that occurs after the date of this agreement" The plea agreement offered by the U.S. Attorney's office in Los Angeles to sherman austin contains a "waiver of prosecution by indictment" form which he is being asked to sign. From what i understand, this is very unusual. he has not yet been indicted, and his attorney is consenting that the proceedings may be "by information rather than indictment" Sherman must also sign the form to make it binding. sherman has informed me that he has "got a second opinion from other attornies" and they have indicated that the situation is unusual. sherman says he thinks that it is "some sort of set up or trap" I have a copy of the Plea agreement and I will make it availible to all interested parties as soon as i am able to obtain consent from Sherman. [name redacted] to all concerned parties: [name], i am sorry for the delay in contacting you. the u.s. attorney's office in los angeles (major crime section) has decided to prosecute sherman austin for allegedly posting bomb making instructions on his website www.raisethefist.com. the best plea agreement offered him so far is 1 month custody, 5 months halfway house, and 3 years supervised release. part of the conditions of his probation restict him from using a computer and intereacting with his fellow activists. i am also assuming that if standard procedure is foilowed, his travel will be confined to the county where he lives. he is being instructed by his counsel to not speak to the news media. i am trying to convince him otherwise since there are illegal measures being used by the FBI in order to harass sherman at this time. His AOL Instant Messnger accounts were routinely used by FBI hackers to gain intel on who he is communicating with. In addition sherman has told me that there are "2 to 3 hackers employed by the FBI who are knocking off my website. i am tracking them now" his attorney is federal public defender Ron Kay, 321 E. 2nd st. Los Angeles, 90012, 213-894-2854 he is being prosecuted by assistant u.s. attorney (AUSA) Rodrigo A. Castro-Silva, major crimes section, 213-894-2262 he is being asked to plead guilty to title 18 u.s. code section 842(P)(2)(A) which is the disemmination of bomb making instructions on the internet under u.s. guidelines this is a base offense level of 12 with a reduction for acceptance of reponsibility, a level 10 which carries a penalty of 6 to 12 months if he takes the case to trial, he faces two to twenty-five years. his attorney has viewed the evidence and informs sherman that they will easily convict him at trial. sherman is being pressured to accept the agreement. i will keep you informed on what happens from here. [name redacted]