There seems to be quite a few problems with the way the Green Peace and some of the media is portraying this.
Many media reports, Green Peace and apparently a "law specialist" named "Turley" (where do I know this name from?) are saying that the charge placed "under an obscure and bizarre 1872 law against "sailor-mongering". This is EXTREMELY misleading. I believe what they are referring to is this :
Section 2194. Shanghaiing sailors
Whoever, with intent that any person shall perform service orlabor of any kind on board of any vessel engaged in trade and
commerce among the several States or with foreign nations, or on
board of any vessel of the United States engaged in navigating the
high seas or any navigable water of the United States, procures or
induces, or attempts to procure or induce, another, by force or
threats or by representations which he knows or believes to be
untrue, or while the person so procured or induced is intoxicated
or under the influence of any drug, to go on board of any such
vessel, or to sign or in anywise enter into any agreement to go on
board of any such vessel to perform service or labor thereon; or
Whoever knowingly detains on board of any such vessel any person
so procured or induced to go on board, or to enter into any
agreement to go on board, by any means herein defined -
Shall be fined under this title or imprisoned not more than one
year, or both.
I don't even believe this could be called "obscure" as it was amended and updated as recently as 1996.
But when you read the actual charges here: http://www.usdoj.gov/usao/fls/Greenpeace.html
You find that the actual charge is:
Title 18, United States Code, Section 2279.
which can be found here:
Section 2279. Boarding vessels before arrival
Whoever, not being in the United States service, and not being
duly authorized by law for the purpose, goes on board any vessel
about to arrive at the place of her destination, before her actual
arrival, and before she has been completely moored, shall be fined
under this title or imprisoned not more than six months, or both.
The master of such vessel may take any such person into custody,
and deliver him up forthwith to any law enforcement officer, to be
by him taken before any committing magistrate, to be dealt with
according to law.
Again, I don't see how this can be called "obscure" when it's been amended and updated recently.
I really hate this type of B.S., I have a lot more faith in causes when they aren't busy B.S.in the public.
Of course this gets even deeper when you see where it may all lead.
At the very least it creates an international issue, if we allow citizens to break maritime law...and then find that indeed the brazilians were breaking the law...it gives the U.S. a weaker stance. Also, at this point ships have two options to protect themselves from illegal bording of their ship. They can physically threaten and fight off those boarders or present them to an authority for prosecution. Which is exactly what the shipmates did.
The other issue is that greenpeace did not just "drop of volunteers after bussing them in" those present were also employees on green peace owned ships. The green peace ships also "attempted to evade law enforcement ships". That creates a bit of an issue as well.
It will be interesting to see how this plays out in October.
Of course if the U.S. wins the case against Green Peace then there is an even larger issue that will effect green peace. It has to do with the recent issues of missuse of funds that threaten it's tax exempt status in the U.S.. specificly diverting funds given for educational purpose to use in situations like this...money allocated for illegal actions are not tax exempt.