<html>
<body>
<font size=3><br><br>
</font><font face="Arial, Helvetica" size=2>Please forward widely.<br>
</font><font size=3> <br>
</font><font face="Arial, Helvetica" size=2>FOR IMMEDIATE RELEASE<br>
</font><font size=3> <br>
</font><font face="Arial, Helvetica" size=2>June 5, 2007<br>
</font><font size=3> <br>
</font><font face="Arial, Helvetica" size=2>Contact:<br>
Heidi Boghosian, NLG Executive Director, 212-679-5100, ext. 11<br>
Lauren Regan, Civil Liberties Defense Center, Eugene, OR,
541-687-9180<br>
</font><font size=3> <br>
</font><font face="Arial, Helvetica" size=2>NATIONAL LAWYERS GUILD CALLS
"TERRORISM ENHANCEMENTS" UNNECCESSARY, EXCESSIVE, AND CHILLING
TO FREE SPEECH<br>
</font><font size=3> <br>
</font><font face="Arial, Helvetica" size=2>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.<br>
</font><font size=3> <br>
</font><font face="Arial, Helvetica" size=2>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.<br>
</font><font size=3> <br>
</font><font face="Arial, Helvetica" size=2>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."<br>
</font><font size=3> <br>
</font><font face="Arial, Helvetica" size=2>In January the Guild wrote to
Judge Aiken urging her to not apply the enhancement for McGowan's
property crimes:<br>
</font><font size=3> <br>
</font><font face="Arial, Helvetica" size=2>"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."<br>
</font><font size=3> <br>
</font><font face="Arial, Helvetica" size=2>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. <br>
</font><font size=3> <br>
</font><font face="Arial, Helvetica" size=2>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. <br>
</font><font size=3> <br><br>
<br><br>
</font><x-sigsep><p></x-sigsep>
<font size=3 color="#FF0000">Freedom Archives<br>
522 Valencia Street<br>
San Francisco, CA 94110<br><br>
</font><font size=3 color="#008000">415 863-9977<br><br>
</font><font size=3 color="#0000FF">
<a href="http://www.freedomarchives.org/" eudora="autourl">
www.Freedomarchives.org</a></font><font size=3> </font></body>
</html>