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Occupy Wall Street protesters in Zuccotti Park, New York. Oct. 1, 2011. REUTERS Jessica Rinaldi

Prosecutors subpoena Occupy protester's tweets

3/12/2012 COMMENTS (0)

NEW YORK, March 12 (Reuters) - Prosecutors have subpoenaed the Twitter records of an arrested Occupy Wall Street protester, seeking his account information and tweets he sent around the time of his arrest last fall.

Jeff Rae, 31, who was arrested during a mass protest on the Brooklyn Bridge in October, posted the subpoena on his Twitter account Monday.

The subpoena seeks all of Rae's tweets from Sept. 15 -- two days before the Occupy movement began in downtown Manhattan -- through Oct. 31, along with account and contact information for Rae.

The subpoena, which Twitter emailed to Rae, is dated March 8.

A faxed cover sheet posted by Rae indicates that the Manhattan District Attorney's office subpoenaed Twitter for five different user accounts. It was not immediately clear whether the other four are also Occupy defendants, though in January, prosecutors filed a subpoena seeking similar information from Malcolm Harris, another arrested protester.

"I was a little bit blown away," Rae said. "It's interesting that in places like Egypt our leaders applaud people for using Twitter and social media for their movements. Here, I'm being subpoenaed for using social media."

He said his lawyer, Paul Mills of the National Lawyers Guild, would file a motion to quash.

Martin Stolar, a Guild lawyer who represents Harris, filed a motion to quash that subpoena in Manhattan criminal court. The motion is still pending.

It was not entirely clear what evidence prosecutors hoped to collect from the tweets.

But in a court filing in response to Stolar's motion, prosecutors said Harris' tweets were "directly germane to the contested issue of defendant's state of mind at the time he chose to defy police orders and block the Brooklyn Bridge."

"The reason the subpoena requested defendant's Tweets is that defendant has made clear through various public statements that he was well aware of the police instructions that day," wrote Assistant District Attorney Lee Langston.

The district attorney's office declined to comment.

A Twitter spokesman would not comment on the new subpoenas but noted that the company's policy is to notify users about any law enforcement requests for their information "to help users protect their rights."

Rae is one of nearly 2,000 Occupy protesters who have been charged in Manhattan since the movement's beginning; nearly all face misdemeanor charges, such as blocking vehicular traffic or disorderly conduct.

A special Manhattan criminal court has been set up to handle Occupy cases. Many have been resolved through a type of conditional dismissal that wipes the charges away if the defendant stays out of trouble for six months, but hundreds of protesters have chosen to move ahead with trials.

The National Lawyers Guild represents many of the protesters.

(Reporting by Joseph Ax)

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