[Ppnews] Testing the Limits of Dissent and Repression in the Green Scare
Political Prisoner News
ppnews at freedomarchives.org
Sun Dec 17 11:08:57 EST 2006
Testing the Limits of Dissent and Repression in the Green Scare
By Dan Berger
One of the biggest post-9/11 criminal cases involves the prosecution
of fourteen radical environmentalists on a slew of charges for
property destruction, mainly arson, and conspiracy. The actions for
which they are accused occurred date back as far as 1996 and include
the multi-million dollar destruction of a Vail ski lodge expansion in
1998. No one was hurt in any of the actions, which were claimed by
the Earth Liberation Front, the Animal Liberation Front, or jointly
by the equally shadowy and decentralized groups.
The FBI swooped up the defendants in December 2005 in multi-state
raids the government dubbed "Operation Backfire." This massive
operation targeting the awkwardly named phenomenon of
"eco-terrorism"--but which environmentalists and civil libertarians
are dubbing "the Green Scare"--is at the centerpiece of the Bush
administration's assault on domestic dissent under the auspices of
fighting terrorism. The "terrorism" these defendants are accused of,
like other eco-militants arrested in recent years, has targeted the
property of large corporations to the tune of more than $100
million--done intentionally without harming anyone.
Yet because the T-word is attached to the case, people are facing
more severe punishments than they might otherwise face for property
destruction--including the possibility of life in prison. Indeed, six
of the fourteen pled guilty shortly after their arrest in exchange
for reduced--but still lengthy--sentences. Part of their plea
agreement, however, mandates that the half-dozen eco-militants
cooperate with the state in ongoing investigations against radical
environmentalists for the rest of their lives.
The case has been built on informants: the government's star witness
who helped build the initial case is, by his own admission in a
gossipy article in the August Rolling Stone, a longtime drug addict
who says he took part in several of the arsons yet who faces no
charges himself. After the FBI starting applying significant pressure
in the Pacific Northwest through grand juries and home visits, other
activists also began cooperating as the government expanded the
number of people indicted to 18. Some remained defiant; Jeff Hogg
spent six months in jail for refusing to cooperate with a grand jury.
Of the remaining eight defendants from the initial arrest, one
person, Bill Rodgers, committed suicide in his cell shortly after
being arrested in December. Three people remain at large, and four
people--Nathan Block, Daniel McGowan, Jonathan Paul, and Joyanna
Zacher--changed their pleas to guilty in November, after months of
negotiation. As a condition of their plea, however, these four
defendants remain non-cooperative with the state. As a result,
prosecutors will seek a "terrorism enhancement" charge in their case,
attempting to add up to 20 years to the reduced plea sentence.
Many progressives haven't paid much, if any, attention to the trial
of these eco-militants--feeling distanced, perhaps, from a movement
that has not only utilized illegal tactics but has generally done too
little to incorporate itself into a broader social justice
initiatives and whose militant sectors have earned the wrath of the
FBI as the "number-one domestic terrorist threat," according to FBI
deputy assistant director John Lewis last year.
But the ramifications of this case are too large to ignore, and not
just because it is likely that such militant actions will increase in
number as the earth's destruction becomes more severe.
One of the defendants is Daniel McGowan, an activist who has devoted
significant attention to exactly the kind of bridge building that the
environmental movement is in desperate need of. As with radical
attorney Lynne Stewart and incendiary professor Ward Churchill, the
government has gone after seemingly extreme radicals in the hope of
cleaving off any significant support from the left for people whose
tactics or politics prove controversial, even among progressive
circles. Unlike Stewart and Churchill, however, many of these
eco-activists face up to life in prison as a result of illegal
activities and an investigation bolstered by informants and surveillance.
It is a strategy that has been used before, with some degree of
success: go after the apparent margins of the left as a way to limit
the parameters of dissent more generally. The targeting of
clandestine anti-imperialist militants and jailhouse activists of the
1980s with experimental control unit prisons led to the more
widespread use of such draconian institutions. This includes the
"supermax" prisons in Florence , Colorado , and Marion , Illinois ,
as well as the other entire control unit prisons, and the "special
housing units" within most prisons, which function as exceptionally
austere prisons within existing prisons. In both cases, according to
groups like Human Rights Watch, prisoners are separated from any
human contact except the guards and confined to tiny cells for 23
hours a day. Numerous psychologists have criticized such institutions
for the mental illnesses they engender in those incarcerated.
This case is also one where the worst of PATRIOT ACT surveillance and
its related snitch culture are being tested. The six who plead guilty
in the spring and summer are required to cooperate with prosecutors
in testifying against other defendants, numerous people have been
hauled before grand juries to testify about environmental activism in
the northwest (resulting in the incarceration of several people for
refusing to comply with the invasive and undemocratic subpoenas), and
it appears that the initial arrests were made on the basis of
voluminous surveillance data. Besides informants, the case is
evidently built off the National Security Agency's domestic spying program.
According to a September story in the Eugene Weekly, the government
has handed over "some 28,000 pages of documents, 71 CDs (likely
recordings made by snitches with wires), four DVDs and three
videotapes. But they hedged the request [from the defense] for
information obtained by NSA surveillance." Since a federal judge
in Detroit ruled domestic NSA surveillance illegal for violating the
Fourth Amendment, revelation of warrantless wiretapping used in
building a case against these radical environmentalists could have
rendered the government's case null and void. The judge presiding
over the case ordered the prosecution to "find out whether
warrantless wiretapping was used to build a case against the
defendants," the Weekly reported.
Ultimately, however, the defense agreed to drop this motion when the
four defendants opted to plead guilty (presumably in exchange for
lower sentences). Still, these proceedings and the case overall mark
an important turning point in the existence of radical opposition
within the United States : can resistance movements develop and
maintain consciousness about non-cooperation with the repressive aims
of the state? And will the rights of people to oppose the government
and corporate agenda beat back the current Orwellian strategies of control?
Check out http://www.greenscare.org or http://www.supportdaniel.org
for updates.
Dan Berger is a writer, activist and graduate student
in Philadelphia . He is the co-editor of Letters From Young
Activists: Today's Rebels Speak Out (Nation Books, 2005) and author of
Outlaws of America: The Weather Underground and the Politics of
Solidarity (AK Press, 2006).
The Freedom Archives
522 Valencia Street
San Francisco, CA 94110
(415) 863-9977
www.freedomarchives.org
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