[Ppnews] NLG calls Terrorism Enhancements Chilling to Free Speech

[Political Prisoner News]

Please forward widely.

FOR IMMEDIATE RELEASE

June 5, 2007

Contact:
Heidi Boghosian, NLG Executive Director, 212-679-5100, ext. 11
Lauren Regan, Civil Liberties Defense Center, Eugene, OR, 541-687-9180

NATIONAL LAWYERS GUILD CALLS "TERRORISM 
ENHANCEMENTS" UNNECCESSARY, EXCESSIVE, AND CHILLING TO FREE SPEECH

New York. The National Lawyers Guild calls the 
terrorism sentencing enhancement issued to Daniel 
McGowan yesterday an unnecessary and excessive 
government tactic to discourage the exercise of 
free speech. U.S. District Court Judge Ann Aiken 
sentenced McGowan to seven years in prison, 
calling one of the fires an act of terrorism 
because of a communication issued after the first 
that referred to potential legislation aimed at 
activists (which would indicate an attempt to 
influence the government). McGowan was one of 
four defendants who plead guilty with the 
understanding that they would not implicate 
others who took part in similar actions.

Ten activists plead guilty to committing property 
crimes—most of which were arsons—that carry 
average sentences ranging from 5-8 years in 
prison. The terrorism enhancement, Section 3A1.4 
of federal Sentencing Guidelines, can add 20 
years to each of the sentences laid out in the 
plea agreements. Formal sentencing began on May 22 and continued through today.

National Lawyers Guild Executive Director Heidi 
Boghosian says, "Is this what a terrorist is? 
Applying terrorism enhancement to property crimes 
where the perpetrators went out of their way to 
minimize the risk to human life makes little 
sense as a matter of law or common sense. 
Americans know the different between Daniel 
McGowan and Osama bin Laden, and this effort to 
subvert the fairness of the judicial system is an 
affront to the values they hold dear."

In January the Guild wrote to Judge Aiken urging 
her to not apply the enhancement for McGowan's property crimes:

"As an organization that has frequently defended 
the First Amendment rights of individuals and 
causes disfavored by the government, in the past 
70 years, the National Lawyers Guild is deeply 
troubled by the government's application of 
terrorism sentencing enhancements to 
environmental activists. Many of our members are 
criminal defense attorneys, and many have seen 
firsthand the chilling effect the government has 
on unpopular views, from the House Un-American 
Activities Committee to the present-day labeling 
by the FBI of environmental and animal rights 
activists as a top "domestic terrorism" priority. 
The use of a terrorism enhancement in this case 
effectively punishes an act of arson more harshly 
on the basis of the viewpoint that motivates it; 
as such, we believe that it is intended to crack 
down on environmental activism more generally, by 
raising the fear that any misstep could lead to prosecution as a terrorist."

If the enhanced penalties suggest discrimination 
based on a particular viewpoint or ideology, it 
should be noted that they are not necessary: even 
without them the crimes to which many 
environmental activists have plead guilty carry 
significant prison time. The National Lawyers 
Guild believes that criminal acts must be 
punished according to the penal law, and that the 
law as applied to this case carries sufficient penalties.

Founded in 1937 as the first racially integrated 
national bar association, the National Lawyers 
Guild is the oldest and largest public 
interest/human rights bar organization in the 
United States, with more than 200 chapters. The 
Guild has a long history of representing 
individuals whose rights have been violated by 
governments in the U.S. and abroad.





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415 863-9977

www.Freedomarchives.org  
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