Draft Resister Sasway Ready to Go to Prison

Convicted draft registration resister Ben Sasway has resigned himself to going to prison in light of the U.S. Supreme Court’s refusal Monday to hear further arguments in his appeal.

The 24-year-old college student will meet with his attorney in San Diego today to discuss surrendering to federal authorities.

“At this point, I don’t think there are many options,” Sasway, formerly of Vista, said Tuesday from his home near Humboldt State University in Arcata, where he is a senior. “There’s really nothing to do now but wait for the judge to issue a warrant for my arrest or arrange a time to turn myself in.”

Sasway has been free on bond since Oct. 4, 1982, when U.S. District Judge Gordon Thompson sentenced him to 30 months in a federal minimum-security prison.

Sasway gained national attention three years ago as the first man indicted for failing to register for the draft since the Vietnam era. Sasway said he refused to register because of his moral opposition to military conscription. The Justice Department targeted Sasway for prosecution because of his open violation of the draft registration law.

In the 31 months since his conviction on Aug. 26, 1982, Sasway’s attorney has waged an appeals battle, contending that the federal government violated his client’s right to free speech through its policy--since abandoned--of prosecuting only those young men who vocally opposed draft registration as an example to the estimated 650,000 men who had failed to register.

That contention was rejected by appellate courts, which have consistently upheld the district court ruling that Sasway knowingly violated federal draft registration laws.

“I think it’s appalling,” attorney Charles T. Bumer said. “The courts’ opinions are based on a really alarming deference to military interests and the convenience of the prosecution.”

Both Sasway and his attorney said they would now concentrate on trying to modify the sentence to obtain an early release. Although a few legal avenues still exist to delay the start of the prison term, Bumer said, they would be tantamount to “beating a dead horse.” Sasway said he is anxious to see the matter resolved.

“The sentence has been weighing on my head for the past 2 1/2 years,” he said. “I am interested in getting ahead on that. I’ve been trying to prepare myself for it.”

With his highly publicized legal battle apparently at an end, Sasway said, he faces his prison term with “no regrets” about his actions.

“I’ve lived within my conscience and I feel good about that,” he said. “In the overall scheme of things I don’t know if my case will be all that significant, but if it is, it’s because I was part of a whole group of American young people who are opposed to policies of the federal government which seem to be leading to total annihilation.”