There was a Grumbles hearing for Jeff, August 15. He was denied release. Below is a report from the courtroom.

Today, in Eugene, Ore. Jeff Hogg appeared in federal court in front of Judge Michael Hogan to present arguments for his release from jail. Hogg has been jailed since May 18 for civil contempt, for refusing to cooperate with a federal grand jury. This Grand Jury was empanelled to investigate acts of eco-sabotage in the Northwest.
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Hogg’Äôs attorney, Paul Loney, set out criteria which should be examined by the judge when ruling whether continued jailing is coercive or has become punitive in nature. The judge must consider factors such as the amount of time the detainee has been jailed, the time remaining before the grand jury expires, and alternative means for gaining the information in question. If, upon considering such criteria, the judge is convinced that a jailing is punitive and there is no reasonable expectation that testimony can be coerced, the detainee must be released. Loney argued that Hogg refuses to testify before a grand jury due to strongly held principles and beliefs, and that Hogg sees the current grand jury system as vulnerable to abuse.
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Assistant US Attorney Stephen Peifer argued that the court has to consider all circumstances and changes that have occurred during Hogg’Äôs incarceration. He stated that although the grand jury was scheduled to expire next month, there would be a motion next week to extend this grand jury until March ’Äô07 (thereby implying that perhaps more threatened time would change Jeff’Äôs mind.). Peifer stated that six defendants are cooperating and have agreed to aid and assist government prosecutions. Peifer also alleged that the grand jury is not being used illegally as preparation for trial. Over the objections of Paul Loney, who argued that there was no evidence for such statements, Peifer made allegations against Hogg, and then offered Hogg an "immunity bath" through grand jury testimony. To discredit the many letters that Jeff’Äôs friends and family wrote on his behalf, Peifer alleged that Hogg’Äôs supporters are actively trying to prevent "snitches," and that the supporters’Äô purpose is to interfere with the "lawful job of the Grand Jury." Peifer even argued that to release Hogg would somehow be to "reward" him.
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Jeff Hogg took the stand and answered questions from Loney. Hogg stated that he couldn’Äôt go against his beliefs by testifying before the grand jury. He criticized the secret nature of grand juries, and also that such proceedings do not allow a lawyer to be present. Hogg outlined the harm that he had suffered through his incarceration’Äîhis studies have suffered and he is in danger of being kicked out of nursing school, his career may be jeopardized, and he was unable to attend the funeral of his grandfather who died while he was in jail. Hogg said that he had read all the letters sent on his behalf to the court, and stated that some of the people he had known for ten or even twenty years; the person who he had known for the shortest amount of time was a co-worker who he had known for three. Hogg mentioned that both Assistant US Attorney Engdall and Paul Caldwell of the FBI had told him that they wanted him to testify at trial. Hogg stated that he knew he wasn’Äôt protecting anybody by refusing to testify to the grand jury.
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In cross-examining Hogg, Peifer asked of Hogg’Äôs knowledge of the grand jury system, mentioning that it is written into the constitution. Peifer then asked Hogg whether he would testify before a grand jury if he were the victim of a bank robbery. Hogg noted the hypothetical nature of the question and that it was totally different from his own, before stating that he might proceed differently in that circumstance. Peifer attempted to use Hogg’Äôs response to his advantage, suggesting that Hogg was not making an informed and principled stand at all. Peifer then asked about the "solicitation" of letters in support of Hogg from old friends, insinuating that there was something sinister about this.
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Following Hogg’Äôs testimony, Judge Hogan had an in camera (private, in the judge’Äôs chamber) hearing with Peifer. Loney’Äôs motion to attend this hearing was denied.
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After the in camera hearing, Loney called Cecilia Story to testify. Story has been Hogg’Äôs partner for five years, and the two have known each other as friends for over a decade. On cross-examination, Story was asked if attorney Lauren Regan solicited the letters of support for Hogg. Cecelia testified that she herself had put out an appeal for those who have known Hogg for years to write such letters, and that her appeal was amplified by a support network for political prisoners via the internet. She also stated that since Lauren Regan is the executive director of the Civil Liberties Defense Center, and that her partners’Äô civil liberties were being threatened , that it would make sense for Lauren to be concerned with helping Jeff. Story was asked whether the support network considered Nathan Block and Joyanna Zacher ("Green Scare" defendants whose case is ongoing) to be political prisoners, to which Cecilia replied her concern was with her partner’Äôs freedom, and that political prisoner designation for others would probably be determined after a trial had taken place. Peifer then asked Cecelia if she knew Gumby Cascadia, asking whether Gumby belonged to a "prisoner support network" soliciting help for defendants. It appears the US attorney is trying to equate prisoner support with "impeding an investigation".
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Loney made his final arguments, stating that the legal matters involved were quite clear. Any future motion to extend the grand jury should be excluded from deliberation, as it has not happened yet. Loney asked how Hogg could possibly be seen as being "rewarded" for not testifying before the grand jury’Äîhis three months in jail are simply not a reward of any type. Loney criticized government efforts to "besmirch" his client. Loney stated that Hogg is not being used as a tool of anybody. He argued that the grand jury is being used improperly, and if there were new evidence, the proper procedure would be to empanel a new grand jury. Loney argued that there are alternative means the government could use to obtain the information they require’Äîthere are six cooperating defendants and three cooperating witnesses. Hogg has suffered from his incarceration, but he has remained steadfast to his beliefs and there is no realistic possibility that he will testify.
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Peifer countered that the government was looking way beyond the Dibee (et. al.) case and was not using the grand jury improperly. He also stated that both Caldwell and Engdall were unavailable to respond to Jeff Hogg’Äôs assertions about them.
Judge Hogan, noting that the situation was "melancholy," nevertheless ruled for the government and for Hogg’Äôs continuing incarceration. Hogan noted the changes in the Dibee case, including the pleas of six defendants, as part of his rationalization. He dismissed arguments that the grand jury was being used to preview trial testimony, and instead sided with the government in its investigation beyond the Dibee case. Hogan finally remarked that at some stage Hogg was convinced of the need to not cooperate with the grand jury, but Hogan didn’Äôt consider Hogg’Äôs case for relief to be sufficiently demonstrated, and therefore Hogg’Äôs motion was denied.

Jeff Hogg can be written to at Jeff Hogg, 1901 N.E. F st, Grants Pass, OR 97526.