Hammond Letter

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    Honorable Loretta A. PreskaChief Judge

    Southern District of New York500 Pearl Street

    New York, NY 10007

    Dear Judge Preska, October 14, 2013

    In June of 1773 Anonymously procured letters were published in the Boston Gazette.Their publication and the whisper campaign that preceded their publication set thecountryside aflame. Protests were held as far away as Philadelphia and, back in England, aduel took place over who was responsible for the Anonymous leak. No one died in the initialduel so a second duel was duly scheduled. Before it could take place, Benjamin Franklin, thenacting on behalf of Massachusetts in London, stepped forward to admit that he had sent theletters to Samuel Adams, John Hancock, and others in the Massachusetts legislature. Those ofus who are heirs to the American Revolution know of these events as the Hutchinson LettersAffair. Thomas Hutchinson, then Governor of the British Province of Massachusetts, was oneof the correspondents involved in penning the packet of twenty letters. I would like tosubmit to the Court that what happened in the Hutchinson Letters Affair might proveinstructive as the Court considers the length of sentence it will level for Jeremy Hammond'sadmitted responsibility in pilfering a large number of electronic letters from Stratfor andpassing them along to Wikileaks.

    My name is Doug Johnson Hatlem. I was born in California, studied at LibertyUniversity in Virginia and Duke Divinity School in North Carolina. Most recently, I spent

    eight years as a street pastor working with people who are homeless or otherwisemarginalized for the Mennonite Central Committee Ontario (MCCO). MCCO placed me towork at Sanctuary, a church, drop-in center, health clinic, and arts collective in the heart ofdowntown Toronto. Recently, I moved back to the United States as my wife has taken a job ata seminary in Chicago. Much more has been written about me publicly in two embarassinglykind articles in the Toronto Star that describe me as a diligent and conscientiousprofessional with an Old Testament sense of justice that can sometimes boil over.Besides having moved to the city where Jeremy Hammond lived and worked before hisarrest, I can identify with him and with his plight for a number of reasons. Most especially, Ifeel a deep resonance with his various passions for justice and his intolerance for corruptionof any sort.

    Perhaps the British would have been within their then blinkered understanding ofjustice if they had put Ben Franklin away for a decade to punish him for his treachery in theHutchinson Letters Affair, but our experience as Americans and, in fact, as citizens all overthe world, would certainly be quite different if Ben had been behind bars in the years thatfollowed. Mr. Franklin is said to have stood silently as he was upbraided by the SolicitorGeneral as a dishonorable thief at a Privy Council meeting which, among other items,considered how he ought to be disciplined. Interestingly, Franklin spent no time in jail for his

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    misdeeds. He was, however, relieved of his position as Postmaster General of the colonies atthe Privy Council meeting. While silent at the hearing, Franklin initially defended hispublication of the purloined letters precisely on the grounds that their contents intended toinfluence public policy and were therefore in the public interest.

    Jeremy Hammond has plead guilty before this Court. As I understand it, however,

    there is not a shred of a question surrounding Mr. Hammond's intentions. Mr. Hammond,like Franklin, Samuel Adams, and John Hancock before him, firmly believed that hisinvolvement in the Stratfor eLetters Affair was undertaken in the public interest. More to thepoint, John Hancock, speaking to the conclusion of the Massachusetts legislature, specificallystated that the Hutchinson Letters showed that the Governor was involved with plans to"overthrow the Constitution of this Government, and to introduce arbitrary Power into theProvince." Mr. Hammond acted, by all accounts, from similar concerns. Now, it may turn outthat Mr. Hammond is wrong about what is happening behind the scenes with private militarycontractors. Just the same, it could have turned out that Hancock, Franklin, Sam Adams andothers were wrong. Or even just unsuccessful.

    But they weren't.

    It is worth noting that Franklin never had to give up the Anonymous method or sourceby which he originally came into possession of the Hutchinson Letters. Fort Meade was then,indeed, no Fort at all and wouldn't become such until 1917. Likewise, the FBI, which didn'texist until 1908. More ironically, among the rights for which the colonies fought against theBritish were the rights to Freedom of the Press, Speedy Trial, and against Cruel and UnusualPunishment. The British might be said now to have a better grasp of these inalienble rights asDeclared three years after the publication of the Hutchinson Letters and cemented thirteenyears after that in our Bill of Rights. Jake Davis, Jeremy Hammond's Lulzsec co-conspirator in

    the UK for instance, has not only already been tried and sentenced, but has actually alreadyserved the entirety of his term behind bars. In the name of Franklin, Adams, and Hancockand even more so in the name of a rational and moral application of justice, I ask that theCourt sentence Jeremy Hammond to the time he has already served.

    With all due respect,

    Doug Johnson Hatlem