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<a href="http://www.counterpunch.org/stclair12112009.html" eudora="autourl">
http://www.counterpunch.org/stclair12112009.html<br>
</a></font><font face="Verdana" size=2 color="#990000">December 11-13,
2009<br><br>
</font><h1><font face="Times New Roman, Times" size=4><b>Dave Foreman and
the First Greenscare Case <br><br>
<br>
</i></font><font face="Times New Roman, Times" size=5 color="#990000">
Targeting Earth First!
</b></font></h1><font face="Times New Roman, Times" size=4>By JOSHUA
FRANK and JEFFREY ST. CLAIR <br><br>
</font><font face="Verdana" size=6 color="#990000">D</font>
<font face="Verdana" size=2>ave Foreman, co-founder of Earth First!,
awoke at five in the morning on May 30, 1989 to the sound of three FBI
agents shouting his name in his Tucson, Arizona home. Foreman’s wife
Nancy answered the door frantically and was shoved aside by brawny FBI
agents as they raced toward their master bedroom where her husband was
sound asleep, naked under the sheets, with plugs jammed in his ears to
drown out the noise of their neighbor’s barking Doberman pincher. By the
time Foreman came to, the agents were surrounding his bed, touting
bulletproof vests and .357 Magnums.<br><br>
He immediately thought of the murder of Fred Hampton in Chicago,
expecting to be shot in cold blood. But as Foreman put it, “Being a nice,
middle-class honky male, they can’t get away with that stuff quite as
easily as they could with Fred, or with all the native people on the Pine
Ridge Reservation back in the early 70s.”<br><br>
So instead of firing off a few rounds, they jerked a dazed Foreman from
his slumber, let him pull on a pair of shorts, and hauled him outside
where they threw him in the back of an unmarked vehicle. It took over six
hours before Foreman even knew why he had been accosted by Federal
agents. <br><br>
Foreman’s arrest was the culmination of three years and two million tax
dollars spent in an attempt to frame a few Earth First! activists for
conspiring to damage government and private property. The FBI infiltrated
Earth First! groups in several states with informants and undercover
agent-provocateurs. Over 500 hours of tape recordings of meetings, events
and casual conversation had been amassed. Phones had been tapped and
homes broken in to. The FBI was doing their best to intimidate radical
environmentalists across the country, marking them as potential threat to
national security.<br><br>
It was the FBI’s first case of Green Scare.<br><br>
The day before Foreman was yanked from bed and lugged in to the warm
Arizona morning, two so-called co-conspirators, biologist Marc Baker and
antinuclear activist Mark Davis, were arrested by some 50 agents on
horseback and on foot, with a helicopter hovering above as the activists
stood at the base of a power line tower in the middle of desert country
in Wenden, Arizona, 200 miles northwest of Foreman’s home. The next day
Pet Millet, a self-described “redneck woman for wilderness,” was arrested
at a nearby Planned Parenthood where she worked. Millet earlier evaded
the FBI’s dragnet.<br><br>
Driven to the site by an undercover FBI agent, the entire episode, as
Foreman put it, was the agent’s conception. Foreman, described by the
bureau as the guru and financier of the operation, was also pegged for
having thought up the whole elaborate scheme, despite the fact that their
evidence was thin.<br><br>
Back in the 1970s the FBI issued a memo to their field offices stating
that when attempting to break up dissident groups, the most effective
route was to forget about hard intelligence or annoying facts. Simply
make a few arrests and hold a public press conference. Charges could
later be dropped. It didn’t matter; by the time the news hit the airwaves
and was printed up in the local newspapers, the damage had already been
done.<br><br>
It was the FBI’s assertion that the action stopped by the arrests under
that Arizona power line in late May, 1989, was to be a test run for a
much grander plot involving Davis, Baker, Millet, and the group’s leader,
Dave Foreman. The FBI charged the four with the intent to damage
electrical transmission lines that lead to the Rocky Flats nuclear
weapons facility in Colorado.<br><br>
“The big lie that the FBI pushed at their press conference the day after
the arrests was that we were a bunch of terrorists conspiring to cut the
power lines into the Palo Verde and Diablo Canyon nuclear facilities in
order to cause a nuclear meltdown and threaten public health and safety,”
explained Foreman.<br><br>
In the late 1980s the FBI launched operation THERMCON in response to an
act of sabotage of the Arizona Snowbowl ski lift near Flagstaff, Arizona
that occurred in October 1987, allegedly by Davis, Millet and Baker.
Acting under the quirky name, Evan Mecham Eco-Terrorist International
Conspiracy (EMETIC) -- the eco-saboteurs wrecked several of the company’s
ski lifts, claiming that structures were cutting in to areas of
significant biological importance.<br><br>
This was not the first act the group claimed responsibility for. A year
prior EMETIC sent a letter declaring they were responsible for the damage
at the Fairfield Snow Bowl near Flagstaff. The group’s letter also
included a jovial threat to “chain the Fairfield CEO to a tree at the
10,000-foot level and feed him shrubs and roots until he understands the
suicidal folly of treating the planet primarily as a tool for making
money.” <br><br>
The group used an acetylene torch to cut bolts from several of the lift's
support towers, making them inoperable. Upon receiving the letter, the
Arizona ski resort was forced to shut down the lift in order to repair
the damages, which rang up to over $50,000.<br><br>
But the big allegations heaved at these eco-saboteurs wasn’t for
dislodging a few bolts at a quaint ski resort in the heart of the Arizona
mountains, or for inconveniencing a few ski bums from their daily
excursions. No, the big charges were levied at the group for allegedly
plotting to disrupt the functions of the Rocky Flats nuclear facility
hundreds of miles away. Ironically, at the moment of their arrests, the
FBI was simultaneously looking into public health concerns due to an
illegal radioactive waste leak at the nuclear power site, which led Earth
First! activist Mike Roselle to quip, “ [the FBI] would have discharged
its duty better by <i>assisting</i> in a conspiracy to cut power to Rocky
Flats, instead of trying to stop one.”<br><br>
</font><div align="center"><font face="Verdana" size=2 color="#990000">
***<br><br>
</font></div>
<font face="Verdana" size=2>Gerry Spence climbed into his private jet in
Jackson, Wyoming estate almost immediately after he heard about the FBI
arrest of Dave Foreman in Arizona. Spence had made a name for himself
among environmental activists in the late-1970s for his case against
energy company Kerr-McGee, when he provided legal services to the family
of former employee Karen Silkwood, who died suspiciously after she
challenged the company of environmental abuses at one of their most
productive nuclear facilities. Silkwood, who made plutonium pellets for
nuclear reactors, had been assigned by her union to investigate health
and safety concerns at a Kerr-McGee plant near Crescent, Oklahoma. In her
monitoring of the facility Silkwood found dozens of evident regulatory
violations, including faulty respiratory equipment as well as many cases
of workers being exposed to radioactive material. <br><br>
Silkwood went public after the company seemingly ignored her and her
union’s concerns, even going as far as to testify to the Atomic Energy
Commission (AEC) about the issues, claiming that regulations were
sidestepped in an attempt to up the speed of production. She also claimed
that workers had been mishandling nuclear fuel rods, but the company has
covered up the incidences by falsifying inspection reports. <br><br>
On the night of November 13, 1974, Silkwood left a union meeting in
Crescent with documents in hand to drive to Oklahoma City where she was
to meet and discuss Kerr-McGee’s alleged violations with a union official
and two <i>New York Times</i> reporters. She never made it. Silkwood’s
body was found the next day in the driver’s seat of her car on the side
of the road, stuck in a culvert. She was pronounced dead on the scene and
no documents were found in her car.<br><br>
An independent private investigation revealed that Silkwood was in full
control of her vehicle when it was struck from behind and forced off to
the side of the road. According to the private investigators, the
steering wheel of her car was bent in a manner that showed conclusively
that Silkwood was prepared for the blow of the accident as it occurred.
She had not been asleep at the wheel as investigators initially thought.
The coroner concluded she had not died as a result of the accident, but
possibly from suffocation. <br><br>
No arrests or charges were ever made. Silkwood’s children and father
filed a lawsuit against Kerr-McGee on behalf of her estate. Gerry Spence
was their lead attorney. An autopsy of Silkwood’s body showed extremely
high levels of plutonium contamination. Lawyers for Kerr-McGee argued
first that the levels found were normal, but after damning evidence to
the contrary, they were forced to argue that Silkwood had likely poisoned
herself.<br><br>
Spence had been victorious. Kerr-McGee’s defense was caught in a series
of unavoidable contradictions. Silkwood’s body was laden with poison as
result of her work at the nuclear facility. In her death Spence
vindicated her well-documented claims. The initial jury verdict was for
the company to pay $505,000 in damages and $10,000,000 in punitive
damages. Kerr-McGee appealed and drastically reduced the jury’s verdict,
but the initial ruling was later upheld by the Supreme Court. On the way
to a retrial the company agreed to pay $1.38 million to the Silkwood
estate.<br><br>
Gerry Spence was not cowed by the antics of the Kerr-McGee Corporation,
and when he agreed to take on Dave Foreman’s case pro-bono, justice
seemed to be on the horizon for the Earth First! activists as well.
<br><br>
“Picture a little guy out there hacking at a dead steel pole, an
inanimate object, with a blowtorch. He’s considered a criminal,” said
Spence, explaining how he planned to steer the narrative of Foreman’s
pending trial. “Now see the image of a beautiful, living,
400-year-old-tree, with an inanimate object hacking away at it. This
non-living thing is corporate America, but the corporate executives are
not considered criminals at all.”<br><br>
Like so many of the FBI charges brought against radical activists
throughout the years, the case against Dave Foreman was less exciting
than the investigation that led up to his arrest. The bureau had done its
best to make Foreman and Earth First! out to be the most threatening
activists in America.<br><br>
Spence was not impressed and in fact argued as much, stating the scope of
the FBI’s operation THERMCON was “very similar to the procedures the FBI
used during the 1960s against dissident groups.” No doubt Spence was
right. Similar to the movement disruption exemplified by COINTELPRO
against Martin Luther King Jr., the Black Panthers and the American
Indian Movement, the FBI’s crackdown of Earth First! in the late 1980s
had many alarming parallels to the agency of old.<br><br>
“Essentially what we need to understand is that the Federal Bureau of
Investigation, which was formed during the Palmer Raids in 1921, was set
up from the very beginning to inhibit internal political dissent. They
rarely go after criminals. They’re a thought police,” said Foreman of the
FBI’s motives for targeting environmentalists. “Let’s face it, that’s
what the whole government is. Foreman’s first law of government reads
that the purpose of the state, and all its constituent elements, is the
defense of an entrenched economic elite and philosophical orthodoxy.
Thankfully, there’s a corollary to that lawthey aren’t always very smart
and competent in carrying out their plans.”<br><br>
The man who was paid to infiltrate Earth First! under the guise of
THERMCON was anything but competent. Special agent Michael A. Fain,
stationed in the FBI’s Phoenix office, befriended Pet Millet and begun
attending Earth First! meetings in the area. Fain, who went by alias,
Mike Tait, posed as a Vietnam vet who dabbled in construction and gave up
booze after his military service. On more than one occasion, while
wearing a wire, Fain had tried to entice members of Earth First! in
different acts of vandalism. They repeatedly refused. <br><br>
During pre-trial evidence discovery the defense was allowed to listen to
hours of Fain’s wire-tapings, when they found that the not-so-careful
agent inadvertently forgot to turn off his recorder. Fain, while having a
conversation with two other agents at a Burger King after a brief meeting
with Foreman, spoke about the status of his investigation, exclaiming, “I
don't really look for them to be doing a lot of hurting people... [Dave
Foreman] isn't really the guy we need to pop -- I mean in terms of an
actual perpetrator. This is the guy we need to pop to send a message. And
that's all we're really doing... Uh-oh! We don't need that on tape! Hoo
boy!”<br><br>
Here the FBI was, acting as if these Earth First!ers were, publicly
vilifying them, while privately admitting that they posed no real threat.
“[The agency is acting] as if [its] dealing with the most dangerous,
violent terrorists that the country’s ever known,” explained Spence at
the time. “And what we are really dealing with is ordinary, decent human
beings who are trying to call the attention of America to the fact that
the Earth is dying.”<br><br>
The FBI’s rationale for targeting Foreman was purely political as he was
one of the most prominent and well-spoken radical environmentalists of
the time. Despite their claims that they were not directly targeting
Earth First! or Foreman, and were instead investigating threats of
sabotage of power lines that led to a nuclear power plant -- their public
indictment painted quite a different story.<br><br>
“Mr. Foreman is the worst of the group,” Assistant U.S. Attorney Roger
Dokken announced to the court. “He sneaks around in the background ... I
don’t like to use the analogy of a Mafia boss, but they never do anything
either. They just sent their munchkins out to do it.”<br><br>
But agent Michael Fain’s on-tape gaffes were simply too much for the
prosecution to manage, and the case against Foreman, having been deferred
almost seven years, was finally reduced in 1996 to a single misdemeanor
and a meager $250 in fines. The $2 million the FBI wasted tracking Earth
First! over the latter part of the 1980s had only been nominally
successful. Yet the alleged ring-leader was still free. Unfortunately,
the FBI may have gotten exactly what they wanted all along. Dave Foreman
later stepped down as spokesman to Earth First! and inherited quite a
different role in the environmental movement -- one of invisibility and
near silence.<br><br>
Pet Millet, Mark Davis and Marc Baker were all sentenced separately in
1991 for their involvement in their group EMETIC’s acts of ecotage
against the expansion of Arizona Snowbowl. Davis got 6 years and $19,821
in restitution. Millet only 3 years, with the same fine, while Baker only
received 6 months and a $5,000 fine.<br><br>
Little did these activists know that there capture and subsequent
arraignments were only the beginning. THERMCON’s crackdown of Earth
First! would prove to be a dry-run for the Federal Bureau of
Investigations.<br><br>
<b>Joshua Frank</b> is co-editor of <i>Dissident Voice</i> and author of
<a href="http://www.amazon.com/exec/obidos/ASIN/1567513107/counterpunchmaga">
<i>Left Out! How Liberals Helped Reelect George W. Bush</a></i> (Common
Courage Press, 2005), and along with Jeffrey St. Clair, the editor of the
brand new book
<a href="http://www.amazon.com/exec/obidos/ASIN/1904859844/counterpunchmaga">
<i>Red State Rebels: Tales of Grassroots Resistance in the
Heartland</a></i>, published by AK Press in July 2008. <br><br>
<b>Jeffrey St. Clair </b>is the author of
<a href="http://www.easycartsecure.com/CounterPunch/CounterPunch_Books.html">
Been Brown So Long It Looked Like Green to Me: the Politics of Nature</a>
and
<a href="http://www.amazon.com/exec/obidos/ASIN/1567513360/counterpunchmaga">
Grand Theft Pentagon</a>. His newest book,
<a href="http://www.easycartsecure.com/CounterPunch/CounterPunch_Books.html">
Born Under a Bad Sky</a>, is just out from AK Press / CounterPunch books.
He can be reached at:
<a href="mailto:sitka@comcast.net">sitka@comcast.net</a>.<br><br>
This is excerpted from <i>GreenScare: the New War on Environmentalism</i>
by Jeffrey St. Clair and Joshua Frank, forthcoming from Haymarket
Books. <br><br>
<br><br>
</font><x-sigsep><p></x-sigsep>
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