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In 1968, 14 men raided a draft board office. 8 were clergy. They took 10,000 1A draft files and burned them across the street. One of their court defenses was the Wisconsin Statute 939.45 which is called the defense privilege. Jim Forest, one of the defendants said "If, as we are doing, we attempt to argue that we could reasonably believe that the only means of preventing illegal bodily harm to others was to undertake these actions, then it seems to me that they are clearly privileged under the statute?"
For the law states, one may commit an action that is illegal in order to indirectly help someone. Forest also sated "In response to that, I would simply point out the only charges against us are property damage. Damage to property not to persons; and that, in fact, what we were trying to do was prevent people from getting killed, not killing anyone. So, the direction is opposite" Judge Samson replied during the trial, "If it pleases the Court, the State’s position on this matter is this, that in order for the defense privilege to apply, the Defendants must prove that there was an unlawful interference with a third person. The Selective Service System is not an unlawful interference into the life of another person."
Did the Milwaukee 14 have to right to act pre-emptively to save the lies of young draftees who were bound to serve in an unjust war?
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