The Associated Press
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John Towery had legitimate safety concerns in 2007 when he attended meetings of the Olympia Port Militarization Resistance while he worked for the force protection division at Joint Base Lewis-McChord, Judge Ronald B. Leighton said in his ruling Wednesday.
The judge found that Towery did not chill political speech, invade the privacy of protesters or influence police, The Olympian reported.
Larry Hildes, a lawyer for the group that tried to block shipments of Army equipment to the Iraq War, said he will appeal the ruling to the 9th U.S. Circuit Court of Appeals.
Leighton’s decision “fundamentally compromises the Constitution,” Hildes said.
Towery unfairly targeted protesters because of their political views and violated the law that bars the military from law enforcement on U.S. soil, Hildes said.
Lawyer Tom Brennan, who represents Towery, said the ruling confirmed his client acted lawfully.
It is not unlawful for undercover informants working in law enforcement to hide their identity, even when questioned by people they are investigating, Brennan said.
“Frankly, he was not a spy,” the lawyer said. “He was concerned with making sure his office was aware of possible disruptive activity related to the Army.”