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We watched the storms of late afternoon. Sun descending in a welter of brawling purple clouds. Spokes of gold wheel across the sky, jags and jets of lightning flicker from cloud to cloud and from cloud to earth. Mighty kettledrums thunder in the distance. My wind gauge reads thirty-five knots. The trees sway, the wind booms through the forest.

Watching the vultures gather below, I noticed a disturbance. A small gray-backed falcon was diving among the vultures, harrying the laggards. It was a peregrine falcon—rare but not extinct. Watching through the glasses, I saw one vulture actually flapping its wings to escape the falcon—unusual exertion for a vulture. The falcon strikes, their bodies collide in what appears to me as a glancing blow. A few vulture feathers float off on the wind. The vulture flaps into the shelter of the trees, swearing quietly, apparently unharmed. Tiring of this sport, the falcon skims upward in a sweeping arc, shooting through the circling vultures, winging higher and higher into the sky, and stops at the apex of its parabola to hover there, still as a star, facing the wind, the lightning, the advancing storm.

The falcon hangs in space for second after second, motionless, as if suspended on a thread, its wings, body, and spirit in perfect equilibrium with the streaming torrents of the air. Give your heart to the hawks, urged Robinson Jeffers. Okay, I thought, I’ll do that. For this one splendid moment. Until the falcon sheers off on the wind and vanishes in storm and light.

Appealing as I find the idea of reincarnation, I must confess that it has a flaw: to wit, there is not a shred of evidence suggesting it might be true. The idea has nothing going for it but desire, the restless aspiration of the human mind. But when was aspiration
ever intimidated by fact? Given a choice, I plan to be a long-winged fantailed bird next time around.

Which one? Vulture, eagle, hawk, falcon, crane, heron, wood ibis? Well, I believe I was a wood ibis once, back in the good old days of the Pleistocene epoch. And from what I already know of passion, violence, the intensity of the blood, I think I’ll pass on eagle, hawk, or falcon this time. For a lifetime or two, or maybe three, I think I’ll settle for the sedate career, serene and soaring, of the humble turkey buzzard. And if any falcon comes around making trouble I’ll spit in his eye. Or hers. And contemplate this world we love from a silent and considerable height.

Of Protest

Rocky Flats, Colorado; November 1978

A
canvas tepee straddled the railroad tracks, clearly obstructing passage. The railway—a spur—curved across a field of tawny grass and basaltic rocks toward a distant complex of buildings, towers and lights enclosed within a high-security fence topped with barbed wire, patrolled by armed guards. Occasional wisps of steam rose from the short stacks within the plant, fading out in the chilly blue as they drifted toward the rich brown haze of Denver, sixteen miles to the southeast. West of the railroad and the highway nearby stood the foothills of the Front Range of the Rocky Mountains.

A steady stream of truck and auto traffic moved on the highway, but few of the drivers of these vehicles paused to wonder at the strange sight of a wigwam erected across a railroad track. Mostly local people, they had grown accustomed to this oddity; the archaic tent had been standing here for most of the last six months.

Two flags and two young men attended this structure and the scatter of camping equipment around and within it. One flag was the blue, red and white of the United States; the other bore a golden sun on a field of green, representing—what? Some adventurous new nation in the human community? A nation within a nation? A gesture toward another form of independence? Aspen poles twenty feet tall carried the flags well above the peak of the tepee; the cool November breeze rolling down
from the mountains stirred both flags with separate but equal nonchalance.

One of the young fellows was a student at Denver University. He wore a wool shirt, a light blond beard, a shy but friendly smile—I failed to catch his name. The other looked like a pirate: bandana for a headband, gold earrings, black beard, skin darkened by sun and wind. He wore a green sweat shirt, baggy gray sweat pants, the canvas sneakers of a jogger, the fingerless wool gloves of a rock climber—or of a golfer. He admitted with a grin to a touch of Irish in his genes; his name was Patrick Malone.

Patrick Malone had been here, like the wigwam, for most of the previous six months. He said he planned to stay through the winter—blizzards, ice, subzero temperatures notwithstanding—until that quiet but industrial-looking installation at the end of the railway spur was shut down forever, or converted perhaps to the manufacture of something different—of solar heating devices, let us say, or skis, or mopeds, bicycles, plowshares.

An electric power line on wooden poles paralleled the railway and led into the factory. Wooden poles: it occurred to me that one resolute man with a chainsaw could put that place out of business for a short while, easily and quickly. Such a suggestion would not be welcome here; Malone and his friend were opposed both in principle and in practice to violence in any form. Even to moderate violence, technically restrained, tactically precise, against mere inanimate property.

They did not consider their wigwam on the tracks, barring the right-of-way near a sign that read u.s.
PROPERTY NO TRESPASSING
, to be a form of violence. Once a week, when the train came, the short train of specially designed armored cars marked
FISSILE MATERIAL—RADIOACTIVE
, Malone and helpers dismantled the tent and carried it out of the way (saving it from confiscation and the security forces from unnecessary paperwork). Then he and friends, a series of them totaling about two hundred so far, returned to the railway and sat on the tracks, offering only their bodies to the advancing engine. The train always halted, or had so far, and the people on the rails were taken away by the police,
booked for trespass and obstruction of traffic, and jailed or released on their own recognizance.

This scene had been repeated more than twenty times since April 29, 1978, when some four thousand people, mostly from the cities of Denver and Boulder (nine miles to the north), gathered in a well-organized and peaceful assembly at the gates of the Rocky Flats nuclear weapons plant to make their feelings known to whoever, or whatever, might be in charge. There had been so far no fights, no bodily injuries of any kind on either side. Demonstrators, protestors, security guards, and the Jefferson County sheriff’s deputies who made the actual arrests had all been on their best behavior. The world was not watching, but a small part of it had been here, including the local press.

After saying goodbye to Malone and his mate—they were now being visited, interviewed, and photographed by a German professor of American literature from the University of Hamburg—we attempted to enter the plant itself. We were turned back at the gate. The guards were polite but firm: No entry, they said, without a pass from Rockwell International Corporation, which manages the plant under contract with the U.S. Department of Energy and the Pentagon. What Rockwell makes here is no longer a secret, if it ever was, though it was only gradually revealed to the public after 1952, when the plant was established. Rockwell is making an essential component—the plutonium “trigger”—of what the government calls thermonuclear devices. Hydrogen bombs. The trigger, which itself is an atomic detonating device equivalent in explosive power to the atomic bombs dropped on Japan, is shipped from here to another factory near Amarillo, Texas, where the actual H-bombs are assembled.

Our government has been in this business, operating through various private corporations (Rockwell was preceded by Dow Chemical here at Rocky Flats), for thirty years. The total number of atomic and hydrogen bombs now available for use is a state secret; but everything leaks, eventually. Careful students of the matter, such as Daniel Ellsberg, estimate the size of the
American stockpile at something between eleven thousand and thirty thousand nuclear bombs. Since a few dozen of these weapons could obliterate most mammalian life from Dublin to Vladivostok, that should be, from a layman’s point of view, a sufficient number. But production continues, a $1.7 billion annual business.

The government justifies continued production on the grounds that bombs made ten, twenty, and thirty years ago are no longer reliable or adequate, and that ever more sophisticated refinements in design and delivery make regular model changes desirable. Furthermore the Russians are doing the same thing. And the Chinese. And the English, and the French. And maybe the Israelis, the Indians, the South Africans, the Brazilians. All governments need enemies.

We have lived for so long under the umbrella of Mutual Assured Destruction (MAD) that perhaps we would feel uncomfortable, even defenseless, without it. It is certainly arguable that the threat of nuclear devastation has helped prevent a major war. When presidents and premiers, commissars and commissioners, generals and admirals are compelled to share the dangers of war with ordinary citizens and common soldiers, then we are all a little safer. We hope.

We drove on to the town of Golden, seat of Jefferson County, State of Colorado, where the trial of the railway trespassers was taking place. An arch across the main street proclaimed
WELCOME TO GOLDEN—WHERE THE WEST BEGINS.
(If so, this must also be where the East begins.) We found the courtroom packed, the proceedings under way, with thirty-one-year-old Judge Kim Goldberger presiding over his first criminal case.

Several days had already been spent in selecting the six-member jury, a touchy and difficult process, and in the presentation of its case by the prosecution, a much simpler affair. The defendants freely confessed to being present on the tracks at the time alleged, freely admitted their attempt to block rail traffic into the weapons plant. But they did not plead guilty; they
pleaded not guilty, using as their defense an old Colorado “choice-of-evils” statute that allows the intentional commission of an illegal act when the purpose of such act is to prevent a greater harm or a greater crime. For example, the law allows you to violate speed limits when your purpose is to save a life, or to escape imminent danger.

Unfortunately for the defendants and their lawyers, the judge had ruled that only he, and not the jury, had the right to determine if the choice-of-evils defense was “applicable” in this instance. The defendants were obliged, therefore, to present their case without being heard by a jury of their peers; the jury had been excused, forbidden to hear the defense, read about it, or talk about it. Since trial by jury in criminal cases is supposed to be a constitutional right, the judge had already given the defense firm grounds for appeal to a higher court. Which
might
have been his purpose, since he had been quoted earlier as saying that the issues involved were too important to be settled in a county court. But as will be seen, Judge Goldberger would make no secret of his prejudgment of the defendants.

The defense went ahead with its case, jury or no jury, calling a number of experts to the stand to testify to the reality of radiation hazards imposed on the residents of Boulder, Denver, and environs by the Rocky Flats installation. One witness came from England, another from Georgia, another from California; the remainder were recruited locally. All traveled at their own expense and gave their testimony without monetary compensation.

The seven Denver attorneys working for the defense were doing the same thing; they had volunteered their time out of sympathy. The defendants, though presumed innocent until proved guilty, are not allowed under our system of justice any form of reimbursement for their loss of income or livelihood, even if they should finally be acquitted. The judge, meanwhile, and the prosecuting attorneys (including a couple of lawyers on loan from the U.S. Department of Energy) continued to receive their pay without interruption. Since the trial dragged on for
eleven days, the defendants and their counsel were effectively punished even before the judge pronounced sentence. But nobody questions this way of doing things. Perhaps, in a rationalized society like ours, there is no better way. As Hegel concluded in his 457-page
Philosophy of History
, stealing a line from Leibniz, Whatever is—is right.

The defendants and their legal counsel did not appear to share my sense of the injustice already imposed on them. They were busily and happily engaged not so much in defending themselves as in prosecuting the adversary, putting on trial the Rocky Flats weapons plant itself, and by implication the Department of Energy, the Department of Defense, the U.S. government, the Russian government, the nuclear arms race, the freight train of history, the complacency and cowardice of us all in meekly accepting, like mice in a laboratory, the miserable nightmare that statesmen and scientists, industrialists and technologists have laid upon our lives, without our consent, and upon the lives of our descendants (if any) for thousands of years to come.

The first witness that I heard was Karl Z. Morgan, a professor at Georgia Tech of what is called “health physics.” Dr. Morgan, age seventy-two, is an old-timer in the nuclear enterprise; he took part in the origins of the Manhattan Project, when the first atomic reactor was built under the stadium at the University of Chicago during World War II; he served for twenty years as director of safety operations at the nuclear laboratories at Oak Ridge, Tennessee, before returning to teaching. He has published many books and papers on the subject of radiation-induced illness and is considered to be one of the world’s authorities on the subject.

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