Art or bioterror: The Bush administration, continuing to confuse it's WMDs for a hole in the ground, is now seeking to prosecute members of a respected art collective for making art critical of genetic engineering:

Three artists have been served subpoenas to appear before a federal grand jury that will consider bioterrorism charges against a university professor whose art involves the use of simple biology equipment.

The subpoenas are the latest installment in a bizarre investigation in which members of the Joint Terrorism Task Force have mistaken an art project for a biological weapons laboratory. While most observers have assumed that the Task Force would realize the absurd error of its initial investigation of Steve Kurtz, the subpoenas indicate that the feds have instead chosen to press their "case" against the baffled professor.

Two of the subpoenaed artists--Beatriz da Costa and Steve Barnes--are, like Kurtz, members of the internationally-acclaimed Critical Art Ensemble (CAE), an artists' collective that produces artwork to educate the public about the politics of biotechnology. They were served the subpoenas by federal agents who tailed them to an art show at the Massachusetts Museum of Contemporary Art. The third artist, Paul Vanouse, is, like Kurtz, an art professor at the University at Buffalo. He has worked with CAE in the past.

The artists involved are at a loss to explain the increasingly bizarre case. "I have no idea why they're continuing (to investigate)," said Beatriz da Costa, one of those subpoenaed. "It was shocking that this investigation was ever launched. That it is continuing is positively frightening, and shows how vulnerable the PATRIOT Act has made freedom of speech in this country." Da Costa is an art professor at the University of California at Irvine.

According to the subpoenas, the FBI is seeking charges under Section 175 of the US Biological Weapons Anti-Terrorism Act of 1989, which has been expanded by the USA PATRIOT Act. As expanded, this law prohibits the possession of "any biological agent, toxin, or delivery system" without the justification of "prophylactic, protective, bona fide research, or other peaceful purpose."

Even under the expanded powers of the USA PATRIOT Act, it is difficult to understand how anyone could view CAE's art as anything other than a "peaceful purpose." The equipment seized by the FBI consisted mainly of CAE's most recent project, a mobile DNA extraction laboratory to test store-bought food for possible contamination by genetically modified grains and organisms; such equipment can be found in any university's basic biology lab and even in many high schools.

The investigation focuses on the use of E. coli in a work called GenTerra, which has been part of a touring exhibition for two years.

Steve Kurtz's lawyer says this case is about the First Amendment: "It allows people to be different and express themselves in unique and creative ways. It's unsettling any time that the government comes down on someone because of the message they're trying to send or because they're different, because they're not cookie-cutter individuals in the eyes of clean-cut, blazer-wearing people. He's to be applauded for his individuality."

Read full release here. See CAE's biotech projects here