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<font size=4><b>The last of the imprisoned SHAC 7, Kevin Kjonaas, has
been released from<br>
prison to a halfway house, having served nearly five years in a
federal<br>
prison.<br><br>
The SHAC7 are 6 activists and a corporation, Stop Huntingdon Animal<br>
Cruelty USA Inc., that were found guilty of multiple federal felonies
for<br>
their alleged role in campaigning to close down the notorious animal<br>
testing lab, Huntingdon Life Sciences. They were never accused of
actually<br>
smashing windows, liberating animals or even attending demonstrations,
but<br>
rather reporting on and encouraging others to engage in legal<br>
demonstrations and supporting the ideology of direct action.<br>
</b></font><font size=3>
************************************************************<br>
It has been almost 4 years and 9 months since Kevin went into prison.
And<br>
after this many years I still have a hard time explaining what<br>
exactly he did, to get himself there. . When I tell people my<br>
boyfriend is in prison, I get some interesting looks at times.
I,<br>
usually, then, just say it was basically protest related, in a sound<br>
bite, the government said they were part of a campaign to close an<br>
animal testing facility, and although they were never accused of<br>
doing anything illegal themselves, the prosecution's case said that<br>
they inspired others, by their website, newsletters, and speeches,
to<br>
engage in illegal action.<br><br>
Why a lengthy letter? Since it defies common sense that speech<br>
expressing encouragement and approval of actions that are nonviolent<br>
and, ordinarily, not necessarily even regarded as crimes in this<br>
society can not only be labeled “terrorism”, but prosecuted as<br>
such, or how within days of an FBI deputy director stating
that<br>
animal rights activists, particularly SHAC, were following the law -<br>
not breaking it, 7 SHAC members could be arrested, some
background<br>
is necessary. The point of this letter is to convey some of
that<br>
background.<br>
The areas covered will include:<br>
1. the legal history protecting
speech now criminalized by dubious<br>
legislation<br>
2. the documented nature of the
abusive and inhumane activities<br>
which the SHAC<br>
protesters sought to halt<br>
3. the pernicious, scientifically
dubious and often legally<br>
unnecessary intended<br>
purposes for which those activities were carried-out<br>
4. the economic and political clout
of the customers of the<br>
enterprise conducting<br>
those activities<br>
5. how this economic and political
clout conspired to successfully<br>
target<br>
environmental and animal-related activities under the umbrella
“terrorism” in<br>
monumentally sweeping legislation<br>
6. how this legislation was passed
in a most egregious abuse of<br>
the legislative<br>
process using a “back door” (i.e. under “suspended rules” when only
5<br>
congressmen<br>
were on the House floor voting)<br>
7. the disproportionate and
extraordinary law-enforcement<br>
resources that have been<br>
brought to bear to investigate non-violent activists to the detriment of
the<br>
investigation of many other urgent concerns which have devastated
our<br>
economy and<br>
society<br>
8. the single-mindedness with which
non-violent animal-rights and<br>
ecology-related<br>
activists have been labeled terrorists while violent acts by extremist
groups<br>
(e.g.white supremacists, neo-nazis, “Christian” militias,
anti-abortion<br>
activists)<br>
have not been labeled as terrorism<br><br>
<br>
So, here goes...<br>
The prosecution took nine days(?) to<br>
present their case against Kevin and the Stop Huntingdon Animal<br>
Cruelty (SHAC) defendants. Corporate executives detailed what
they<br>
had experienced because of their business relationship with<br>
Huntingdon. Prosecutors had them read aloud page after page of<br>
printouts from the SHAC public website, including action alerts,<br>
protest write-ups and anonymous communiqués. Although none of
the<br>
defendants were accused of any of the crimes posted on the site, the<br>
government hoped to convince the jury that by identifying targets,<br>
posting personal information and unabashedly supporting illegal<br>
actions, they were part of a conspiracy.<br><br>
<br>
On January 6, 2009, the Third Circuit Court of Appeals in<br>
Philadelphia heard arguments in the case. U.S. attorney Glenn
J.<br>
Moramarco spoke candidly about the government's motivations,<br>
acknowledging that "this case was never fought on the basis of<br>
what actually happened, by and large....This case was fought on the<br>
battleground of 'should we be held responsible for what other people<br>
are doing.'" As an example, he discussed a radio interview
in<br>
which Lauren Gazzola said SHAC supports home demonstrations and<br>
property destruction. Moramarco said that such a statement of
her<br>
political beliefs and her personal views was "tantamount to a<br>
confession." Jude Fisher, a justice appointed by GW Bush,<br>
verbatim response was, “so what.” He was the only justice to<br>
argue in partial, for the defendants. [Potter, P. 230]<br><br>
<br>
When the 3rd Circuit Court of Appeals made their ruling, the court<br>
ruled that it did not matter that the defendants did not break the<br>
law; they were part of a conspiracy through their speech. In
the<br>
case of Josh Harper (one of the defendants in Kevin’s and the SHAC<br>
7 case), the court said his two public speeches were
constitutionally<br>
protected: "Harper's personal conduct does not cross the line
of<br>
illegality; to punish him simply on the basis of his political<br>
speeches would run afoul of the constitution." However,
the<br>
court ruled that he was guilty of conspiring to violate the Animal<br>
Enterprise Protection Act because of his public support of direct<br>
action, combined with his involvement in researching Huntingdon and<br>
organizing protests. [Potter, P. 230-231]<br><br>
<br>
Historically, conspiracy charges have<br>
been used against political activists when the government cannot
make<br>
anything else stick. The Chicago Seven, for instance, were on
trial<br>
for conspiracy to riot and disrupt the 1968 Democratic National<br>
Convention in Chicago. In 1968 Dr. Benjamin Spock, the baby
doctor,<br>
was convicted of conspiracy to “counsel, aid, and abet resistance”<br>
to the draft because he spoke out against the war. Evidence
used<br>
against him included public speeches and news footage. The
alleged<br>
SHAC conspiracy was even more amorphous, conflating not just words<br>
and actions, but a national organization and an entire underground<br>
movement.<br><br>
For two of the defendants, Darius<br>
Fullmer and Andy Stepanian, their only charge is conspiracy to<br>
violate the Animal Enterprise Protection Act. Fullmer sent
emails<br>
about protests and helped research corporate targets online.<br>
Stepanian took part in protests, and one witness testified that he<br>
instructed protesters where to stand in order to comply with police.<br>
[Potter, P. 98]<br><br>
<br>
The ruling by the 3rd court of appeals in the SHAC case,<br>
departed from a long and unusually winding road concerning the first<br>
amendment in the Unites States. The courts ruling is reminiscent of<br>
the Schenck V. US (“you cant yell fire in a crowded theatre,” )<br>
which had nothing to with yelling fire in a crowded theatre, and<br>
dealt with political dissent, giving the first amendment its first<br>
real test.<br>
Charles Schenck was a leader of the<br>
socialist party and was protesting against the draft. Schenck
was<br>
arrested while handing out pamphlets against the draft. He felt
it<br>
was against his right of not being sent to forced labor.<br><br>
He was arrested because he broke the<br>
Espionage Act of 1917. This allowed no talking badly or giving
away<br>
information about our military. Schenck was convicted and thrown
in<br>
jail. He appealed to the Supreme Court. He felt he was
protected by<br>
the 1st Amendment and therefore the Espionage Act would be<br>
unconstitutional.<br><br>
On March 3rd, 1919, the case<br>
was decided. It was the first time the rights of the 1st amendment
were<br>
limited.<br>
In writing for the court Oliver Wendell<br>
Holmes Jr., held the conviction of espionage. He stated that the<br>
first amendment did not protect speech encouraging insubordination,<br>
since, “when a nation is at war many things that might be said in<br>
time of peace are such a hindrance to its effort that their
utterance<br>
will not be endured so long as men fight, and that no court could<br>
regard them as protected by any constitutional right.” In
other<br>
words, the court held, the circumstances of wartime permit greater<br>
restrictions on free speech than would be allowable during peace<br>
time. In the opinion’s most famous passage Justice Holmes sets
out<br>
the “Clear and Present Danger” test:<br>
“The most<br>
stringent protection of free speech would not protect a man in<br>
falsely shouting fire in a theatre and causing panic… The question<br>
in every case is whether the words used are used in such<br>
circumstances and are of such a nature as to create a clear and<br>
present danger that they will bring about the substantive evils that<br>
congress has a right to prevent.”<br><br>
In 1919, it really was a crime to hand<br>
out anti war pamphlets. The court ruled that you would be
arrested<br>
and charged under the espionage act. It was ruled by the court
that<br>
during times of war we as citizens can not be insubordinate to the<br>
war effort. Shencks insubordinations, in the court's mind, created
a<br>
clear and present danger, equivalent to that of shouting fire in a<br>
crowed theatre.<br><br>
Radical and heated political rhetoric,<br>
would be banned under clear and present danger until it was<br>
challenged in 1969. Charles Brandenburg, a KKK member, held a
public<br>
speech, to which he invited the media. Brandenburg was charged
with<br>
making a speech in which many klan members spoke and one of the<br>
speeches called for “revengeance [SIC],” against niggers, jews,<br>
and those who supported them. The Supreme Court made their
decision<br>
on June 9th, 1969, and adopted the “incitement to<br>
imminent lawless action” standard – a test even more speech<br>
protective than, “clear and present danger.” The case held
that<br>
the government cannot punish inflammatory speech unless it is<br>
directed to inciting and likely to incite imminent lawless
action.<br><br>
The Brandenburg standard holds that even the most controversial and<br>
inflammatory speech is protected as long as it [is] not likely to<br>
incite "imminent and lawless action." According to<br>
attorneys, this is the first time a court has ruled that the written<br>
word--disseminated to a wide audience and focused on past<br>
conduct--has been construed as promoting, or resulting in, imminent<br>
and lawless action. [potter, p ?]<br><br>
In 1966 in segregated Mississippi, an<br>
NAACP field organizer named Charles Evers helped organize a boycott<br>
of white-owned businesses. “Store-watchers” monitored who<br>
shopped there. They printed their names in the newspaper and
read<br>
them aloud at churches. Violating the boycott had serious<br>
repercussions: people had been beaten, others had bullets fired<br>
through their windows. It was in this climate that Evers warned,
“If<br>
we catch any of you going in any of them racist stores, we’re gonna<br>
break your damn neck.” NAACP v. Clairborne Hardware Co. was<br>
strikingly similar to the SHAC case in that it involved political<br>
hyperbole, personalized targeting, and a campaign with both legal
and<br>
illegal elements. In 1982, the Supreme Court ruled that
Evers’s<br>
speech was protected by the Constitution. [Potter, P. 106]<br><br>
On August 27th, 1966 while<br>
attending a protest and discussing police brutality,<br>
eighteen-year-old Robert Watts stated, “I have already received my<br>
draft classification as 1-A and I have got to report for my physical<br>
this Monday coming. I am not going. If they ever make me
carry a<br>
rifle the first man I want to get in my sights is [the president of<br>
the United States] L.B.J.” A federal statute makes it a crime
to<br>
“knowingly and willfully” threaten the life of the President.<br>
Watts was arrested, tried, and convicted in federal court for<br>
violating this statute. Watts argued the statement “did not<br>
constitute a ‘threat’ within the language of the statute.”<br>
The Supreme Court took the case<br>
without hearing arguments, and ruled in a 7-2 decision in his favor.<br>
In their ruling, they ruled that, “the language of the political<br>
arena…is often vituperative, abusive, and inexact.” His speech<br>
according to the court was tantamount to political hyperbole.<br><br>
<br>
The irony of it all is that the SHAC defendants' speech was<br>
relatively tame comparatively. They did not call for:<br>
*the breaking of ones neck if they crossed a picket line<br>
(constitutionally protected by the supreme court)<br>
* “revengeance”[SIC] of a political minority (constitutionally<br>
protected by the supreme court)<br>
* or if they had a rifle, to set their sights on the president<br>
(constitutionally protected by the supreme court)<br>
Not only was the SHAC 7 case mild in comparison in the broader<br>
political hyperbole of other protest groups, their speech was tame
in<br>
comparison to those in the animal protection/ welfare / rights<br>
movement.<br>
On September 12th, 2007, the Minneapolis City Council was<br>
having a hearing as to whether or not they would ban circuses in the<br>
city (in part because of the welfare of the animals). City
Council<br>
member Ralph Remington addressed an employee from Ringling Brothers<br>
Circus, Tom Albert. Remington was holding a bull hook (a large
sharp<br>
object very similar to a pix axe, used to hit elephants in order to<br>
make them learn tricks). Remington stated to Albert, “this is
a<br>
bull hook…If I slung that instrument into your side, would that be<br>
okay? Would you like to feel that?”<br><br>
<br>
Vanik Thapar, India’s top tiger naturalist appeared on CBS’ 60<br>
minutes in November 2006, to discuss the issue of tiger poaching.<br>
The poaching problem had become so great that he told viewers that<br>
they needed to be defended by force. “In some cases you have
to<br>
give shoot on sight orders. Well you have poachers who carry
guns.<br>
If you see them, you have to shoot at them. You can shoot and
say<br>
arrest them. It’s like a war. Because people are out there
to<br>
loot and plunder. They will kill if you don’t kill.”<br><br>
<br>
Another CBS 60 Minutes program featured, yet again, controversial,<br>
over-the-top, statements in the name of animal rights. Jerry
Vlasak,<br>
retired vivisector, and current heart trauma surgeon, talked about<br>
his transition from using dogs in research himself, to actively<br>
working to stop those that do. Vlasak justified his most noted<br>
quote, “And I don’t think you you’d have to<br>
kill—assassinate—too many vivisectors before you would see a<br>
marked decrease in the amount of vivisection going on. And I
think<br>
for 5 lives, 10 lives, 15 human lives, we could save a million, 2<br>
million, 10 million non-human animals.”<br><br>
<br>
Vlasak, described what would be done to vivisectors, and Karl<br>
Buechner, of the hardcore (think heavy metal meets punk rock) band<br>
Earth Crisis basically described how it would be done. In
Deliverance,<br>
Buechner sings:<br>
“When education and peaceful protest can’t bring their [animal]
liberation<br>
the<br>
strategy for their rescue changes into<br>
militant intervention. Every action has an impact. Every life
saved<br>
is a victory. The truth known by the caring few who wage
guerilla<br>
warfare to end this atrocity. Severed locks, doors wrenched
from<br>
hinges, the animals deliverance from torment and captivity.<br>
Vivisectors dragged into the street and shot as flames engulf the<br>
laboratory.”<br><br>
<br>
In Wrath of Sanity:<br>
“The quest for their [animal] freedom won’t cease until<br>
it’s won. Reconcile your sins or your blood will have to run.
You<br>
have no respect for life. Violence you can understand. Your turn
to<br>
feel the pain. Retribution, from my hand!...A bullet for
every<br>
demon. Only your blood can cleanse you of your sin. Your
actions<br>
proved that you value profit over others lives. Images of your<br>
mutilated victims as I line you in my sight. The wrath of
sanity<br>
unleashed. Justice on Judgement Night.”<br><br>
<br>
In The Order That Shall Be:<br>
“…A future for species once pushed towards extinction. Animal<br>
murderers, violators of the innocent must die for their crimes.<br>
Driven by avarice, this world is a fucking nightmare.
Blackened<br>
skies, deforestation, poisoned seas. This civilization’s price<br>
isn’t worth the fee. Perpetrators of this madness, your right
to<br>
live is gone. Your burning bodies shall light the path to a
glorious<br>
new dawn. If warnings go unheeded and pleas for mercy are
ignored,<br>
our alternative to militant resistance is a half life in a dead<br>
world.”<br><br>
<br>
In addition to one of the defendants stating on a Seattle radio<br>
station, that she supported individuals going into Huntingdon Life<br>
Sciences (the contract testing lab, at the center of the campaign)<br>
and taking out animals (that got a ‘so what’ from one of the<br>
judges hearing the case) the government also presented the<br>
individuals with count 29 of the indictment. In the indictment<br>
against the SHAC 7, count 29 read, “On or about October 21, 2002,<br>
the SHAC Website posted an announcement relating to signs that were<br>
posted in and around the Princeton, New Jersey area, which referred<br>
to CA [Carol Auletta, an HLS employee] as “deluded and deranged”<br>
and listed her home address and telephone number."<br><br>
<br>
What the prosecution failed to mention, was this article was a
repost<br>
from a local Princeton online News Station. This article was
not<br>
written by animal rights activists.<br>
So what the prosecution says here is it is illegal for SHAC to<br>
FURTHER post the information of an HLS employee. It is important<br>
because this is public information being posted, not private<br>
information being posted.<br><br>
<br>
An op-ed in July on 2007 from an individual who had their home<br>
address put on an animal rights website, stated that the FBI<br>
confirmed that this was already public information posted on another<br>
website--this information wasn't secret -- however according to the<br>
indictment, it was one of the offensives they committed.<br>
Regardless of whether that information was public or not, Jane Mayer<br>
from the New York Post wrote a scathing article on the Koch brothers<br>
in August of 2010. In that article she included one of their home<br>
addresses. So you have the prosecution system here saying that it is<br>
not okay for animal rights activists to repost home addresses, but
it<br>
is okay for others to do the same thing when it is not animal rights<br>
related.<br>
You have the website targetofopportunity.com 'taking aim at the<br>
hatred of the left wing.' Under "enemy targets" you get
the<br>
hit list. Andy Stepanian of the SHAC 7 is on there along with his
old<br>
home address. Much more heated rhetoric than the rhetoric animal<br>
rights activists used, and not criminal here because of the the<br>
politics here.<br>
Here is the major point, you cannot treat anyone differently in the<br>
judicial system because of their political beliefs. In 1992 the<br>
supreme court ruled in RAV v. City of St. Paul, that," the<br>
government can not regulate the first amendment based on the<br>
governments disagreement with the message.”<br>
One can easily argue, that the government, particularly the<br>
prosecution, has treated the messengers differently, because of
their<br>
message.<br><br>
<br>
One might argue that this different or special treatment by
‘special’<br>
agents (as the FBI are often referred), is in part because of the<br>
money connected to all of this. Animal Rights activists here
were<br>
going after the worlds second largest Contract Research Organization<br>
(CRO). A CRO is where pesticide/fungicide companies,
agriculture<br>
companies, industrial chemical companies, and whoever wants<br>
something tested on animals, but do not have the ability to do it<br>
themselves, go to get their products tested on animals. These<br>
products are NOT required to be tested on animals. The FDA<br>
require that food and drugs be tested on animals* Roughly 80 percent<br>
of the testing done at HLS is not required to be tested on animals.<br>
HLS has done tests for some of the worlds largest pharmaceutical<br>
companies. And tests there are a complete sham. With
animals<br>
sharing 1.16 percent of human disease, you can always find an animal<br>
that will safely pass any test. Even anthrax in small amounts
will<br>
not effect chimpanzees.<br>
*(with some petition, objection, and argument, Tom’s of Maine<br>
successfully bypassed this law)<br><br>
<br>
Some of those who have used HLS are: GSK, Novartis, Bayer, Pfizer
&<br>
Roche, and some of the drugs they have released onto the market has<br>
had disastrous results.<br>
Just because the FDA requires new pharmaceutical drugs to be tested<br>
on animals does not mean that they will give accurate results to<br>
humans. Listed below are known HLS customers who’s ‘safely<br>
passed’ animal tests failed to predict they would have disastrous<br>
results in humans. Some of these drugs could have possibly
been<br>
tested at HLS.<br><br>
<br>
Accutane - (or Roaccutane) - 240 suicides - (Hoffman-La Roche)<br>
Approved by FDA in 1982.<br>
Information on Accutane shows that a 1998 FDA memo recommended<br>
"active consideration of removal of Accutane from the
market"<br>
and the FDA felt the company had not used good faith in making sure<br>
women had the information on Accutane regarding birth defects.<br>
The drug agency has counted over 160 Accutane birth defects. Many<br>
believe the number of Accutane birth defects counted by the FDA is<br>
extremely low, especially considering doctors are not required to<br>
report Accutane linked pregnancies. At a recent FDA advisory<br>
committee meeting, Public Citizen director described Accutane birth<br>
defects, saying about 25 percent of babies born to mothers taking<br>
Accutane have serious birth defects and 50 percent are mentally<br>
disabled.<br>
::<br>
Baycol - (cerivastatin, or Lipobay) – at least 100 deaths - (Bayer)<br>
Bayer AG, Germany's third-largest drug maker, disclosed that as many<br>
as 100 deaths have been linked to Baycol. Baycol was first
approved<br>
by the FDA in 1997. Bayer Pharmaceutical Division is voluntarily<br>
withdrawing Baycol (cerivastatin) from the U.S. market because of<br>
reports of sometimes fatal rhabdomyolysis, a severe muscle adverse<br>
reaction from this cholesterol-lowering (lipid-lowering) product.
The<br>
FDA agrees with and supports this decision.<br>
Bayer AG has agreed to pay $1.08 billion to settle 2,825 Baycol<br>
lawsuits out of court.<br>
--<br>
Chioquinol - 30,000 blinded - many deaths - (Ciba-Geigy [who merged<br>
with Sandoz<br>
to become part of Novartis]) Clioquinol was banned in Japan in 1970<br>
and then removed from the world market in 1982. Users taking
this<br>
drug developed a new disease called Subacute myelo-optic neuropathy<br>
(SMON). On August<br>
3, 1978,<br>
the Tokyo<br>
District Courtruled that the<br>
cause of SMON is Clioquinol.<br>
Its manufacturer, Ciba-Geigy,<br>
has publicly stated that "Medical products manufactured and
sold<br>
by us have been responsible for the occurrence of [SMON] in Japan,
we<br>
extend our apologies."<br>
SMON is an iatrogenicdisease of the nervous<br>
systemleading to a disablingparalysis, blindnessand even death. Its
was<br>
largely an<br>
epidemic in Japanduring the 1960s,<br>
affecting an estimated 30,000 people.<br>
In Japan, SMON victims filed over 5,000 lawsuits against the
company.<br>
By 1981, Ciba Geigy had paid out over $490 million to Japanese SMON<br>
victims.<br><br>
<br>
--<br><br>
<br>
Isoprenalinebeta 2 inhalers (isoproterenol<br>
inhalers, Marked in different names, first sold by Allen &<br>
Hanburys as Salbutamol under the brand Ventolin )- varying reports,<br>
some set the number as high as 3,500 deaths from patients taking
this<br>
inhaler during the 1960s in England and Wales.<br>
(<a href="http://findarticles.com/p/articles/mi_m1316/is_n3_v27/ai_16615975/pg_5/">
http://findarticles.com/p/articles/mi_m1316/is_n3_v27/ai_16615975/pg_5/</a>
)<br><br>
<br>
--<br><br>
<br>
Opren - 61 deaths, 3,000 seriously injured - (Eli Lilly)<br>
Introduced by Eli Lilly in 1980 and withdrawn in August 1982<br><br>
<br>
--<br><br>
<br>
Posicor - 143 deaths in (Roche)<br>
On June 8, 1998, Roche Labs announced they were withdrawing Posicor<br>
from the market. At least 143 deaths as a result of patients
taking<br>
Posicor with the majority of deaths due to heart arrhythmias<br><br>
<br>
--<br>
Prozac - 1,100 suicide attempts - (Eli Lilly) In a two-year period<br>
following the first lawsuit in mid 1990, more than 100 lawsuits were<br>
filed against Eli Lilly, seeking almost $ 1, 000,000,000 in damages<br>
by families of people who had committed suicide while on Prozac.<br>
--<br><br>
<br>
Redux (dexfenfluramine, commonly known as ‘Fen Phen’) and<br>
Pondimin (fenfluramine)- 123 deaths in America (American Home<br>
Products owned by Wyeth and then bought out by Pfizer)<br>
On January 3, 2002, a national settlement, valued at $3.75 billion,<br>
of the thousands of lawsuits brought against American Home Products<br>
to recover for injuries from taking the now-banned prescription
drugs<br>
Pondimin (fenfluramine) or Redux (dexfenfluramine), both of which<br>
were manufactured by American Home Products, received final judicial<br>
approval.<br>
To date, the FDA has received reports of 123<br>
deaths related to Fen Phen use.<br>
(
<a href="http://www.primary-pulmonary-hypertension.com/)">
http://www.primary-pulmonary-hypertension.com/)</a><br>
A major trial lawyer went to seek damages from American<br>
Home Products, for the<br>
distributor of fenfluramine (Pondimin) and dexfenfluramine<br>
(Redux).[13]<br>
Estimates of total liability ran as high as $14<br>
billion. As of February 2005, Wyeth was still in negotiations with<br>
injured parties, offering settlements of $5,000 to $200,000 to some<br>
of those who had sued, and stating they might offer more to those
who<br>
were most seriously injured. The FDA first approved Redux in
1996;<br>
it is no longer on the market.<br><br>
<br>
--<br><br>
<br>
Duract - 68 deaths (Wyeth-Ayerst Laboratories)<br>
Approved in July 1997; removed from the market in June 1998<br>
----------------------------------------------------------------------------------------<br>
<br>
<br>
Propulsid – 429 deaths (Janssen Pharmaceutica) -Janssen faced over<br>
5,500 liability suits in the United States over its heartburn<br>
medicine. Propulsid had been approved by the FDA in tablet form in<br>
1993; on March 23, 2000, the US Food and Drug Administration (FDA)<br>
announced that Janssen Pharmaceutica would halt its marketing of<br>
Propulsid in the United States by July 14, 2000.In September, 2001,
a<br>
Claiborne County Circuit Court jury awarded $10 million to several<br>
plaintiffs, sueing as a result of the drug.<br><br>
<br>
--<br><br>
<br>
Rezulin (troglitazone) - 63 deaths attributed to the drug<br>
(Parke-Davis produced by Warner Lambert)<br>
The diabetes drug was manufactured by Warner-Lambert to treat type-2<br>
diabetes,<br>
which led to at least 90 cases of Rezulin liver failures, including<br>
63 deaths.<br>
Approved in 1997; pulled from the market in March 2000<br>
--<br><br>
<br>
Tanderil & Tandacote (contained compound oxyphenbutazone) 1182<br>
deaths (Ciba-Geigy, a subsidiary of Novartis)<br>
Ciba-Geigy withdrew Tanderil from market worldwide in 1985<br>
::<br>
It is not surprising. In 1997 when Michelle Rokke worked at HLS,
she<br>
witnessed glaring scientific failures. The scientific
background of<br>
one of her fellow workers, was that they worked at McDonalds.<br>
While observing a scientists perform a shody scientific procedure,<br>
Michelle asked if he was suppose to perform it that way and his<br>
response was, “No, not suppose to, never saw it, never did it, cant<br>
prove it. (Page 67 of Michelle Rokke’s diary found on
<a href="http://www.shac.net/">www.shac.net</a>)<br>
During another test, another scientists acknowledged the poor
results<br>
of animal based testing. While standing over a primate, after<br>
administering a chemical substance to the animals neck, the
scientist<br>
states to Michelle’s hidden camera (unknown to him at the time)<br>
“and I quote, you might as well wipe your ass with that data.”<br>
(video found on shac.net and transcripts on Michelle Rokke’s diary<br>
at shac.net)<br>
Another HLS employee admits to Michelle, “All of the studies are so<br>
screwed up all the time because no one cares. No one cares if stuff<br>
gets done right and there’s always problems. I feel so sorry for<br>
all of the animals. How would you like to be locked in a cage all of<br>
the time with nothing to do?” (p.58 of Michelle Rokke’s diary<br>
found on <a href="http://www.shac.net/">www.shac.net</a>)<br>
An article by Ken Serrano in the Home New Tribune Online in Nov 2007<br>
revealed more problems for HLS. He reported that a worker was fired<br>
for refusing to falsify data, and was now suing the company.<br><br>
<br>
Huntingdon Life Science director Dr. Ralph Heywood, stated to Animal<br>
Toxicity Studies, quote, “the best guess for the correlation of<br>
adverse reactions in man and animal toxicity data is somewhere<br>
between five and twenty-five percent,” (Vivisection Absurd, 2006,<br>
WWW). Translation, animal research when applied to humans has up
to<br>
a 95% failure rate.<br><br>
Former FDA head Commissioner Lester M.<br>
Crawford, acknowledged this high failure rate of animal research in<br>
his own words with a slight variation of the failure percentage.<br>
“8% of pharmaceutical drugs that pass through animal research<br>
methods, make it to Phase 1 and 2 clinical trials,” he told a<br>
pharmaceutical conference in Italy in 2004 (PeTA, 2006, WWW).
Or<br>
another way to put it, animal research, as cited the head of the<br>
federal agency that requires it, has a 92 percent failure rate.
I’m<br>
sure that we would never pass a student in a high school science<br>
class who is getting what would be an F- - -, not to mention, would<br>
we pass them onto college, with honors, and give them thousands of<br>
dollars in grant money. Every year the National Institute of
Health,<br>
gives millions of dollars in research to these so called
scientists.<br><br>
Science has been about predictability.<br>
Always has, always will be. Take this for example. On
anti-cancer<br>
drugs, here is the dismal record of vivisection: Despite
screening<br>
over half a million compounds as anticancer agents on laboratory<br>
animals between 1970-1985, only 80 compounds (EIGHTY OUT OF HALF A<br>
MILLION) moved into clinical trials on humans. Of these, a
mere 24<br>
had any anti-cancer activity and only 12 appeared to have a<br>
“substantial clinical role” (Fadali, 1996, page 25). Let’s<br>
look at this again. Half a million compounds known as
anti-cancer<br>
agents in animals are then tried as clinical trials on humans, 24<br>
work. This study shows animal research to have a 99.99 percent<br>
failure rate when applied to humans. Animal research is not about<br>
solid predictability, and therefore should not be considered a solid<br>
scientific procedure.<br><br>
<br>
Here are more examples of how different<br>
substances work differently, on different species. Morphine
sedates<br>
humans, but stimulates cats; aspirin causes birth defects in rats
and<br>
mice but not in people; thalidomide works the other way around;<br>
penicillin is highly toxic to guinea pigs and hamsters; the common<br>
industrial chemical benzene causes leukemia in man but not mice;<br>
insulin produces deformities in laboratory animals but not in
people;<br>
nitrophenol causes cataracts in humans, ducks and chicks but not<br>
other laboratory animals; serotonin, a naturally occurring chemical<br>
in the body, raises the blood pressure in dogs but reduces it in<br>
cats; and doses of aspirin used in human therapeutics actually
poison<br>
cats whilst having no effect on the treatment of fever in horses<br>
(Sharp, 1988, page72)<br>
.<br>
Dr. Richard Klausner (a National<br>
Institutes of Health director) stated to the LA Times quote:<br>
“The history<br>
of cancer research has been a history of curing cancer in the
mouse. We<br>
have cured<br>
mice of cancer for decades, and it simply did not work<br>
in humans.”<br>
(Los Angeles Times, 2006, WWW). What<br>
can work for animals, doesn’t work for humans.<br>
In 1965, Ciba Geigy, estimated that of every 20 chemical compounds<br>
found safe therapeutically effective in animal tests, only one ever<br>
becomes a prescription drug (Vivisection Absurd, 2006, WWW).<br><br>
<br>
This makes sense. Our bodies are<br>
different. This is basic. A dog could drink from a puddle on
the<br>
street and not get sick—if you or I did that we would get violently<br>
ill. Just as I wouldn’t study feline leukemia in elephants, or<br>
ovarian cysts by artificially creating them in men—we shouldn’t<br>
be looking at uniquely human ailments, crudely reproduced in<br>
non-human models—that generally if ever at all—suffer from such<br>
conditions.<br><br>
Modern science has evolved so much that<br>
we now understand—and should be treating disease on a molecular<br>
level. These molecular differences between species, between
human<br>
and animals, can lead to a huge variation in what diseases we are<br>
pre-disposed to, and how to treat them. Trying to extrapolate<br>
treatments from those genetically different, can, has, does, and
will<br>
continue to lead to lethal consequences.<br><br>
The animal model paradigm may have been<br>
useful a couple hundred years ago (perhaps not even then).
Galen,<br>
considered to be the prince of vivisection extrapolated his<br>
findings—from monkey, pig and goat—to humans and concluded that<br>
blood flows from the right side of our heart to the left side
through<br>
an opening in the wall that separates them. Wrong, false, not
true.<br>
The septum (intervening wall) in the human heart is intact.
Blood<br>
must journey to our lungs to be aerated first before returning to
the<br>
left side of the heart which then pumps it to every station: brain,<br>
liver, limb, bowels, everywhere, not missing tongue or heart.
His<br>
erroneous conclusions misled the Western world for 11 centuries.<br>
Imagine that: 11 centuries wandering on the wrong road (Fadali,
1996,<br>
page 11-12). Galen was also believed that the formation of pus,
post<br>
surgical operations, was an essential part of the healing process;<br>
wrong, an error that greatly retarded the progress of surgery<br>
(Sharpe, 1988, page 145).<br><br>
<br><br>
<br>
Crazy, it sure is. But what is more<br>
crazy is how animal researchers test for serious mental illnesses.<br>
Animal models of anxiety are created by subjecting animals to<br>
unpleasant conditions such as electric shocks or by dosing them with<br>
chemicals known to produce anxiety in people and presumed to do so
in<br>
animals. Development of new major tranquillizers, to treat
serious<br>
mental illness such as schizophrenia, mania, dementia and
personality<br>
and behavior disorders, does not depend on animal models of the<br>
actual disease because these do not exist. Instead, drug
development<br>
depends on animal models of the side-effects of already known drugs!<br>
The idea is based on the assumption that specific side-effects often<br>
parallel a drug’s useful effects. So if the test drug produces
the<br>
same side-effects as already established medicines, it is presumed
to<br>
have the same beneficial effects (Sharpe, 1988, page 211).<br>
More than half (actually two thirds) of the award receiptients of
the<br>
Nobel Prize for Physiology (since the inception of the award in
1901)<br>
has been given to non animal based experiments.<br>
Many animal researchers point to the polio vaccine as a way to<br>
support animal experimentation; the truth is more complicated.
The<br>
most important advance in the development of a polio vaccine came in<br>
1949 when Enders, Weller and Robbins showed that the polio virus<br>
could be grown in human tissue. They were awarded the Nobel
Prize<br>
for this discovery. Despite this breakthrough, Salk and Sabin
–<br>
who are usually credited with the polio vaccines – continued their<br>
reliance on traditional animal models and the use of monkey tissues.<br>
[American Anti-Vivisection Society]<br>
Sabin himself made an impressive argument against vivisection when
he<br>
testified to the House Committee on Veterans Affairs in 1984 saying,<br>
“…work on prevention [of polio] was delayed by an erroneous<br>
conception of the nature of the human disease, based on misleading<br>
experimental models [of polio] in monkeys.” By the
experimenter’s<br>
admission, using monkeys in his experiment was an impediment to<br>
finding a cure. [American Anti-Vivisection Society]<br><br>
<br>
In the book, “Targeted: the anatomy of an animal rights attack”<br>
two pro animal researchers tell other researchers how to deal with
an<br>
animal rights attack at a University.<br>
The researchers Lorenz Otto Lutherer (a researcher at the department<br>
of physiology at Texas Tech University) and Margaret Sheffield
Simon,<br>
tell other researchers how to deal with a debate, when debating<br>
animal research and the science behind it.<br>
“rehearse three to five main points that can be made and repeated;<br>
and take the high moral ground, understanding that the debate will<br>
hinge upon emotional issues and not upon science.” [Lutherer &<br>
Simon, P. 94]<br>
Read again, understand that the debate will hinge upon emotional<br>
issues and not upon science.<br><br>
<br>
Dr. Charles Mayo, one of the founders of the world renowned Mayo<br>
Clinic, one of America’s most skilled and highly respected<br>
surgeons, a surgeon’s surgeon, stated, quote, “I abhor<br>
vivisection. It should at least be curbed. Better it should
be<br>
abolished. I know of no achievement through vivisection no<br>
scientific discovery that could not have been obtained without such<br>
barbarism and cruelty. The whole thing is EVIL,” (Fadali,
1996,<br>
preface).<br><br>
<br><br>
To me this is why I feel strongly about<br>
this subject. As Dr. Charles Mayo stated, it is evil. It
causes<br>
pain, suffering, distress, and torture on sentient animal beings.
It<br>
is important to stress that animals are sentient beings. The<br>
justification for using African Americans in gruesome experiments
was<br>
because they were thought of (or lied about) as being non-sentient<br>
beings. Racist Dr. Mosely wrote in his book, Treatise on
Tropical<br>
Disease quote:<br>
“Negroes…are void of<br>
sensibility to a surprising degree. They are not subject to
nervous<br>
disease. They sleep sound in every disease, nor does any
mental<br>
disturbance ever keep them awake. They bear chirurgical
operations<br>
much better than white peole, and what would be the cause of<br>
unsupportable pain to a white man, a Negro would almost disregard.”<br>
Unquote (Spiegel, 1996, page 65).<br><br>
Any pet guardian (owner) will know that<br>
animals are sentient beings. They live in a give-love
need-love<br>
relationship. Animal researchers try to explain to the public
that<br>
animals are devoid of pain to justify their experiments.<br><br>
It took years for abolitionists to<br>
convince society that black people were sentient beings, they could<br>
suffer from both emotional and physical pain, and therefore was<br>
unjust to perpetuate that pain and violence on them, and was<br>
unethical to use them for our benefit.<br><br>
The same applies to animals. Elephants<br>
will weep when a loved one dies. They will bury their dead and
visit<br>
the grave site for years. In the wild, sport hunters randomly
shoot<br>
the mates of waterfowl, some of whom pair for life. Often the<br>
surviving mate dies of starvation while mourning. Rats will sing
to<br>
their partner after making love; and mourn the loss of their
partner,<br>
sometimes being so emotionally weak that they will die. They
will<br>
also laugh if you tickle them. Prairie Dogs utter different
warning<br>
noises showing that they can count the number of predators entering
a<br>
field, proof of a language in which we can distinguish 300 different<br>
calls. Jeffrey Masson cites the case of a parrot that
unquestionably<br>
disproves the accepted belief that these birds can only repeat,<br>
devoid of context, remembered phrases. Left by his trainer at
a<br>
veterinarian’s office the parrot pleaded, “Come here. I love<br>
you. I’m sorry. I want to go back,” (PeTA, 2006, WWW)
(Spiegel,<br>
1996, page 27).<br>
A common justification given for the<br>
continued use of animals in research is they are so like us. Yet
at<br>
the same time, researchers claim we are able to test on animals<br>
because they are not like us (Rosebraugh, 1998, page 28).<br><br>
<br>
Regardless of whether HLS produced the best scientific results, the<br>
manner in which they did it was unfathomably cruel.<br><br>
<br>
Even industry insiders agreed that what they saw inside of HLS was<br>
disturbing. I remember I was able to walk into a talk at a<br>
pharmaceutical conference in Washington DC. Another anti-HLS
activist<br>
walked in and disrupted the talk by shouting anti-HLS slogans. As a<br>
result of that the speaker at the time (Mary Hanley head of the<br>
Society of Quality Assurance) stated that what she saw at HLS was<br>
disturbing. This was a Society of Quality Assurance Conference.
That<br>
says a lot. And who wouldn’t be disturbed by what went on inside of<br>
HLS.<br><br>
<br>
Michelle Rockke, a PeTA employee, who got a job at the lab
documented<br>
some of the most horrific events inside of a lab. She wore a
hidden<br>
camera in the lining of her glasses and recorded and documented<br>
egregious acts of animal cruelty at HLS<br>
An HLS employee clothling a dog (P.11)<br>
The HLS vet (Terry Kusnir) complaining how she did not want to
attend<br>
a meeting on minimizing pain in animals and she knew others did not<br>
want to as well, so she would keep the meeting short. Terry said<br>
animals would never see animals in joy at lab. (P.15)<br>
Dogs having heads slammed in doors (P.19)<br>
Michelle witnessed a live animal being cut with a scissor until the<br>
animal was dead (p 23 & p 28)<br>
An animal was killed by their head being crushed when the cage door<br>
was shut on them. (p30)<br>
HLS employee was worried about other HLS employees throwing dogs<br>
against the wall (p.34)<br>
HLS will do contracts with customers that will NOT allow euthanasia<br>
for suffering animals (P.34)<br>
Technicians brag about diverting Quality Assurances attention while<br>
they were there for short periods. (P36)<br>
HLS employees joked about primates dying in the extra colony,
because<br>
the vet not knowing about bacteria or cleaning the cage in one year.<br>
(p. 37)<br>
HLS employees talking about how they would love to yank out animals<br>
teeth with pliers. (p. 38)<br>
HLS employee joking about HLS being a circus with their gross<br>
incompetence (p.45)<br>
HLS employees laughs at a dog having brain damage due to another<br>
workers incompetence. (p 46)<br>
Primates being caged in research for years (p. 47)<br>
Dogs locked in a 2 foot cage for a year (p. 56)<br>
HLS worker acknowledges they are not compassionate enough (p. 57)<br>
Some of the dogs have about an hour of human contact a day. (p. 63)<br>
HLS will kill control dogs (dogs given an empty capsule). Michelle<br>
asked them to not kill one of them, they looked at her and laughed.<br>
(p. 64)<br>
HLS undertakes a P & G study that calls for no euthanasia for<br>
suffering primates. (p. 65)<br>
To prevent dogs from struggling during ECGs, HLS uses an (often<br>
rusty) alligator metal clip. (p. 27)<br>
HLS employee yelling at another HLS employee who was gentle with the<br>
animals and told him to hurry things up. (p. 32)<br>
An HLS employees at a primate (with his thumbs over the monkeys<br>
throat), stop it before I bite your face. (p. 67, and because this
is<br>
HLS, it did not just happen once, different incident reported as
well<br>
on page 98)<br>
Many HLS employees joked about monkeys dying of lung-shots (if a<br>
naso-gastric tube is improperly placed in the animals trachea and<br>
lung instead of their esophagus and stomach, the animal receives the<br>
test material in the lung and dies within minutes). If you kill an<br>
animal this way at HLS, your in the platinum club (a club that had a<br>
list of names of all employees that were in it). An HLS employee<br>
tells Michelle he had the most kills (on primates). He had also<br>
killed a dog this way. Has had also broke a primates arm and the<br>
primate had to be euthanized. (P. 67)<br><br>
<br>
Someone broke a primates tail from improperly handling it, so the<br>
primates tail had to be amputated. They had to do a total of four<br>
different tail operations (because of their technical failures) and<br>
it wasn’t healing properly and the stitches kept coming out. (p 75)<br>
An HLS employee complained that she had seen injuries on every
single<br>
primate in one room, from broken tails, to nearly-severed fingers,<br>
all caused from people handling them improperly during tests and<br>
procedures. (p. 75)<br>
Employee talks about how she broke a primates leg (when trying to<br>
catch the primate for testing). She had seen tails (YES MULTIPLE)<br>
lying on the ground from people puling out primates tails (p. 75)<br>
Four primates went without water for a week. (P. 75)<br>
HLS employee operates on a primate with a dull razor. He began<br>
hacking away at the arm, but his razor was so dull he took several<br>
swipes to remove a chunk of flesh, the size of a lemon. The primate<br>
was still very much alive during the procedure. Meanwhile another
HLS<br>
employee spells out his initials on the table with the primates<br>
blood. (P 85)<br>
HLS employee told Michelle that, A true scientist really has no need<br>
for GLP [Good Laboratory Practices] because they’re interested in<br>
science and dont need documentation. (p. 89)<br>
HLS employee told Michelle Huntingdon is using outdated practices<br>
that have been around since the 60s and its time to move forward and<br>
progress (p. 89)<br>
Michelle saw an HLS employee lift up a sick dog by the back skin and<br>
shake her. (p. 91)<br>
A rack of mice and rats died after being put through the cage
washer.<br>
Some rats died after people forgetting about them and forgetting to<br>
feed them. A whole room of rats were killed once, because the worker<br>
that killed them thought they said, to go kill them. (p. 91)<br>
HLS employee got mad at a dog. He took his anger out on the dog by<br>
grabbing his face and twisting his head. (p. 97)<br>
HLS employee smiled when he learned he had to kill a dog. (p. 97)<br>
HLS gives no post surgical analgesics even to animals in pain. (p.<br>
101)<br>
HLS employee slaps a monkey and says, he is a bad monkey. He needs
to<br>
be spanked. (p. 102)<br>
HLS employee grabs a pig by legs and swings the pig out of the cage.<br>
He has also grabbed pigs by hind legs and dragged them across the<br>
floor on their face. (p. 102)<br>
Rats are bleed by inserting a glass pipelette deep into their eyes,<br>
hitting a vein and then they are held upside down to collect blood.<br>
(p. 102)<br><br>
<br>
This was one of several undercover investigations into HLS.<br>
Happening at the same time on in England, Zoe Broughton was doing an<br>
undercover investigation at HLS’ main facility in Huntingdon<br>
England.<br>
What she recorded was young beagle dogs being hit in the face and<br>
violently shaken.<br>
Workers mocking sex acts with these young dogs. Dogs lying in
pools<br>
of their own fecal matter and pools of their own blood, waiting to<br>
die. When these images hit the airways in her documentary,
“It’s<br>
a Dog’s Life,” HLS’ share price hit as low as the workers blow<br>
to the dog they hit in the face.<br><br>
<br>
HLS and their pharmaceutical conglomerate counterparts are
literally,<br>
not figuratively getting away with murder. Whether it be animals
or<br>
humans. When your have enough power to get away with murder,
you're<br>
going to have enough power to get away with a lot of other things<br>
that you want.<br>
Your wallets have to be pretty fat to pull this off.<br><br>
<br>
According to the non-partisan Center for Responsive Politics,<br>
pharmaceutical companies spent $900 million on lobbying between 1998<br>
and 2005, more than any other industry. This would equate to $128<br>
million a year. During the same period, they donated $89.9 million
to<br>
federal candidates and political parties, giving approximately three<br>
times as much to Republicans as to Democrats.<br>
According to the Center for Public Integrity, the top twenty<br>
pharmaceutical companies and their two trade groups, Pharmaceutical<br>
Research and Manufacturers of America (PhRMA) and Biotechnology<br>
Industry Organization, lobbied on at least 1,600 pieces of<br>
legislation between 1998 and 2004. According, the pharmaceutical<br>
industry they spent approximately $182 million on Federal lobbying.<br>
The industry has 1,274 registered lobbyists in Washington D.C, or<br>
just basically 3 lobbyists for every congressional representative.<br>
In 2006, PACs representing the<br>
agribusiness industry gave $20 million to members of Congress, and<br>
the pharmaceutical industry gave $11.5 million. By comparison,
the<br>
Humane Society’s Humane USA PAC gave $123,000, and all<br>
environmental PACs combined gave about $514,000.<br>
Lobbyists from these industries have<br>
lengthy legislative agendas of which the Animal Enterprise Terrorism<br>
Act is but one small part, but their political influence is clear.<br>
In 2006, the Humane Society spent about $90,000, and Pfizer alone<br>
spent $11.8 million [Potter, P.165-166]<br><br>
<br><br>
<br>
Compare these numbers to other large industries and their political<br>
wallets.<br>
In the 2006 election cycle, oil and gas companies contributed over<br>
$19 million to political campaigns. 82% of that money went to<br>
Republican candidates, while the remaining 18% went to
Democrats.<br><br>
<br>
It is estimated that the United States tobacco lobby spends an<br>
average of $106,415 each day legislature meets. In 2010 this
would<br>
equate to $20,325,265.<br><br>
<br>
The ten largest defense contractors in the nation spent more than
$27<br>
million lobbying the federal government in the last quarter of 2009,<br>
according to a review of recently-filed lobbying records. (<br>
<a href="http://www.huffingtonpost.com/2010/01/21/top-defense-contractors-s_n_431542.html">
http://www.huffingtonpost.com/2010/01/21/top-defense-contractors-s_n_431542.html</a>
<br>
)<br>
Top Contributors during 2009-2010 were National Rifle Association<br>
$1,333,660, Safari Club International $364,624, Gun Owners of
America<br>
$143,955, Ohio Gun Collectors Association $18,000, National Shooting<br>
Sports Foundation $7,900, and National Association for Gun Rights<br>
$6,000 (
<a href="http://www.opensecrets.org/industries/indus.php?ind=Q13">
http://www.opensecrets.org/industries/indus.php?ind=Q13</a> )<br><br>
<br>
Looking at the numbers further you have the pharmaceutical industry<br>
spending roughly $128 million a year on lobbying efforts. The<br>
tobacco industry spent $20 million. The oil & gas
industry<br>
spent $19 million. Defense contractors spent $27 million. In
other<br>
words, the pharmaceutical lobby spent almost double the amount of
the<br>
tobacco industry, oil & gas industry, & defense contractors<br>
combined.<br><br>
One of the powerful players in terms of<br>
passing new laws is The American Legislative Exchange Council that<br>
was founded in 1973 by Paul Weyrich—a conservative activist who<br>
famously coined the term “moral Majority” for Jerry Falwell—in<br>
order to take his culture war to statehouses. Over time the
mission<br>
of the organization changed. The focus shifted from winning
cultural<br>
hot-button issues like abortion to advancing a legislative agenda<br>
palatable to corporate benefactors. ALEC evolved into an
efficient,<br>
well-funded and little-known conservative powerhouse. According
to<br>
an expose by the Natural Resources Defense Council and Defenders of<br>
Wildlife, ALEC became a Trojan horse used to roll a corporate agenda<br>
through statehouse gates undetected.<br>
More than one-third of all state<br>
lawmakers are ALEC members. In return, lawmakers pay dues, but
not<br>
enough to even litter the bottom of ALEC’s coffers. Dues from<br>
state legislative members are a token amount of the overall
operating<br>
budget, contributing about 2 percent of total revenue in 2000.
About<br>
97.9 percent of ALEC’s $5.69 million in total revenue that year<br>
came from corporations and charitable foundations.
Corporations<br>
including Philip Morris, R.J. Reynolds, Amoco, Chevron, Shell and<br>
Texaco pay nearly all of ALEC’s expenses. The more they pay,
the<br>
more power they have. Basic membership is $7,000 per year.
Joining<br>
at increasingly elite levels—the Washington Club, Madison Club, or<br>
Jefferson Club—costs up to $50,000.<br>
This is the heart of the Trojan horse. Power in ALEC does not
come<br>
from political acumen, it comes from brute financial force.<br>
Corporations buy their way onto one of ALEC’s specialized task<br>
forces. There, “legislators welcome their private-sector<br>
counterparts to the table as equals,” according to one ALEC<br>
publication. Actually, the corporate counterparts are more
than<br>
equal. They have veto power. No bill is released from a task
force<br>
without their approval. The result of such an arrangement are<br>
predictable. The task force on criminal justice, for example,
has<br>
been con-chaired by a representative of Corrections Corporation of<br>
America, the nation’s largest operator of private prisons. In<br>
1996, ALEC issued model legislation to deregulate utility markets:<br>
the legislation was pushed by Koch Industries and Enron. [Potter,<br>
P.125-126]<br><br>
<br>
Of the 1,600 pieces of legislation that the pharmaceutical industry<br>
lobbied on during 1998 and 2004, one was particularly important for<br>
the industry to stop radical protest campaigns against them—the<br>
Animal Enterprise Terrorism Act. But to get what they wanted in
2006<br>
took many years to get to.<br><br>
<br>
In 1989, Representative Vin Weber<br>
(R-MN) started the animal caucus (‘dubbed the ‘Animal Welfare<br>
Caucus’) to support the legitimate use of animals. Bills<br>
specifically directed against persons committing break-ins in<br>
research and agricultural facilities were introduced in 1989.
The<br>
Animal Research Facilities Protection Act sponsored by Senator
Howell<br>
Heflin (D-Ala.) passed in the Senate, but the companion legislation<br>
in the House, the Farm Animals and Research Facilities Protection
Act<br>
introduced by Representative Charles Stenholm (D-Tex.), failed to
get<br>
out of committee prior to adjournment. [Lutherer & Simon,
P.<br>
149-150.]<br><br>
During this same time in 1989 a<br>
coordinated campaign dubbed “Animal Research Action Plan,” was<br>
starting to be waged by the American Medical Association. It’s<br>
campaign focused on ideology, claiming that animal rights activists<br>
must be shown to be “anti-science” and “a threat to the<br>
public’s freedom of choice.” The association said the public<br>
must be aware of the threats activists pose to human advancement,
and<br>
advocated labeling them militants and terrorists. [Potter, P.
244]<br><br>
In 1990, Congress held a hearing in<br>
which law enforcement and industry groups called for a new federal<br>
law to target animal rights attacks. The bill should have
slipped<br>
through, greased by the spate of arsons and the sympathetic White<br>
House of George H.W. Bush. Instead, the proposal was challenged
by<br>
an unlikely source: Bush’s own Justice Department. It may be<br>
difficult, post-9/11, to fathom the government declining new<br>
terrorism powers. For the U.S. deputy assistant attorney general
at<br>
the time, though, it was a traditional, conservative defense of<br>
limited government. “Despite our sympathy to the aims of some
of<br>
these bills,” Paul L. Maloney said, “the [Justice] Department<br>
cannot endorse the creation of new federal criminal legislation,<br>
which, in our view, could add nothing to the prosecution of these<br>
types of offenses.” [Potter, P. 121]<br><br>
Both bills, The Animal Research<br>
Facilities Protection Act in the senate (?), and the Farm Animals
and<br>
Research Facilities Protection Act in the house(?) were reintroduced<br>
and passed, and the conference<br>
committee version was signed into law as the Animal Enterprise<br>
Protection Act in August 1992. [Lutherer & Simon, P.
149-150.]<br><br>
In 2000, a mink raider pled guilty to<br>
violations of the animal enterprise protection act. It would not
be<br>
until 2005 until another mink raider would plead guilty to violating<br>
the animal enterprise protection act. The pair committed their<br>
crimes in 1997.<br><br>
It is interesting that, during this<br>
time period, even after the pair's crimes, the animal rights
movement<br>
was not a pressing issue to the FBI. FBI Director Louis Freeh
told<br>
European newspapers in 1998 that crimes by the ALF, ELF, and Earth<br>
First were not even on his radar screen. [Potter, P. 56]<br><br>
With the rate of two convictions<br>
between 1992 and 2005, its hard to say that passage of the Animal<br>
Enterprise Protection Act was a pressing issue. As many animal<br>
rights activists would argue, it was more about an industry front<br>
passed law designed to scare activists away from legitimate protest<br>
and freedom of expression, and have a chilling effect on the<br>
movement. It would not be out of historical texts to argue that
the<br>
industry tried to kill off a movement.<br><br>
For decades, the cultural threat of<br>
communism was perceived to be so perilous that it had to be<br>
confronted anywhere it surfaced.<br>
In a 1947 FBI memo, the government<br>
warned that this might include the classic Christmas movie “It’s<br>
a Wonderful Life.” The film’s archetypal villain was old man<br>
Potter, a banker. Its director, Frank Capra, was reported by the
FBI<br>
to have “associated with left-wing groups and, on one other<br>
occasion to have made a picture which was decidedly socialist in<br>
nature—‘Mr. Smith Goes to Washington.’” [Potter, P. 242]<br><br>
In 1948, twelve board members of the<br>
Communist Party were indicted not for attempting to overthrow the<br>
government, but—much as with the SHAC defendants—for conspiring<br>
to advocate those ideas. [Potter, P. 134]<br><br>
To create a chilling effect on the<br>
communist movement a law was introduced and passed that required<br>
anyone receiving “communist political propaganda” through the<br>
post office to authorize the delivery of each piece of mail.
This<br>
legislation did not only say it was illegal to send or receive<br>
communist literature. It just said you had to sign for it.
But that<br>
has the same effect, does it not? Only the truly fearless or<br>
clueless would voluntarily add their name to a list of people who<br>
received communist propaganda during the Cold War. So people
didn’t<br>
do it. The Supreme Court struck down the law. Justice William
O.<br>
Douglas wrote in Lamont v. Postmaster General: “The regime<br>
of this Act is at war with the ‘uninhibited, robust, and wide-open’<br>
debate and discussion that are contemplated by the First
Amendment.’”<br>
Douglas called<br>
this a “deterrent effect,” and it would later<br>
become the legal concept known as a “chilling effect.” The law<br>
was unconstitutional not because it banned subversive speech but<br>
because it chilled it, turning the free flow of ideas into a<br>
crystallized mass, silent and cold. [Potter, P. 135]<br><br>
During this time period laws like this<br>
did create a chilling effect on those sympathetic to communism and<br>
the communist movement. The House Un-American Activities Committee<br>
released a report in 1950 that labeled the [National Lawyers]
[G]uild<br>
“The Legal Bulwark of the Communist Party.” These government<br>
attacks took a heavy tool, and by the 1950s the organization had
lost<br>
about four-fifths of its membership. [Potter, P. 172]<br><br>
Much as communism was a cultural threat<br>
in the 1950s, the concept of animal rights is a cultural threat to<br>
todays lawmakers and industry representatives. In his
influential<br>
position paper on the Animal Enterprise Protection Act, animal<br>
experimenter Edward J. Walsh advocated the law’s expansion to<br>
respond not solely to threats of violence, but to threats to a way
of<br>
life. He argued that even simple acts such as choosing to not
wear<br>
fur, eat meat or attend rodeos “quietly, but effectively, promote<br>
the dissolution of our culture.” [Potter, P. 246]<br><br>
In the late 1990s and early 2000s<br>
animal activists in the UK were targeting animal testing in ways new<br>
and different than in the past. They were targeting the breeders
of<br>
animals to be used for vivisection. They not only protested
against<br>
the sites themselves, and engaged in illegal tactics like breaking<br>
into these places, but they engaged in new tactics that included<br>
tertiary targeting. Going after anyone connected to the
breeding<br>
facilities. They went to the marketplaces where the owners
shopped<br>
and got them banned from grocery stores. Executives not only
had<br>
protests outside of their businesses, but their neighbors were also<br>
informed of what they did, in order to use them as leverage to<br>
convince them to stop doing what they were doing.<br><br>
These new developments in tactics<br>
proved to be very effective. Several breeders closed up shop:<br>
Consort Beagle Breeders, Hillgrove Cat Farm, Shamrock Monkeys, and<br>
Regal Rabbits.<br><br>
Organizers from these campaigns set<br>
their sights on HLS in November of 1999. Stop Huntingdon
Animal<br>
Cruelty (SHAC) was formed.<br><br>
<br>
This latest development of diversity<br>
of tactics, primarily focusing on tertiary targeting shook up<br>
Washington. The AEPA dealt with how to handle animal rights<br>
activists that went beyond traditional protest at facilities, but
did<br>
not include dealing with legitimate protest against tertiary targets.
Even<br>
though<br>
considered legal in the eyes of most in the general<br>
public, including the Massachusetts supreme court, tertiary
targeting<br>
to those in Washington was something they wanted to get done with.<br>
According to a 2000 FBI memorandum, FBI officials met and talked<br>
about what they would do if the SHAC problem came to the United<br>
States, and came to conclusions as to what they would do to put an<br>
end to it all.<br><br>
Industry insiders were well aware of<br>
the treat, and looked at their chalk boards as to what to do next.<br>
It would almost be like the American Medical Association, “Animal<br>
Research Action Plan,” campaign on 1989, where they wanted to sway<br>
public opinion into believing that animal activists, by nature, were<br>
militants and terrorists. It would be hard as two years
previously<br>
the FBI director had told newspapers animal activists were not
even<br>
on his radar.<br><br>
Industry insiders took advantage of<br>
September 11th, hysteria, by using this as a means to<br>
label animal activists as terrorists, and create a further chilling<br>
effect on the movement.<br>
On the day the Twin Towers fell, Don<br>
Young, a U.S. Representative from Alaska, told the Anchorage Daily<br>
News the attacks might have been the work of the ALF [Animal<br>
Liberation Front] or ELF<br>
[Earth Liberation Front]. “I’m not<br>
sure they’re that dedicated, but eco-terrorists--which are really<br>
based in Seattle—there’s a strong possibility that could be one<br>
of the groups,” he said. [Potter, P. 124]<br><br>
In October 2001, U.S. Representative Scott McInnis and other<br>
Republicans sent a letter to the Sierra Club, Greenpeace, National<br>
Wildlife Federation, Earth justice, World Wildlife Fund, League of<br>
Conservation Voters and Natural Resources Defense Council.
"As<br>
our Nation begins the recovery and healing process following the<br>
tragedy of Sept. 11, we believe it is critical for Americans of
every<br>
background and political stripe to disavow terrorism in all its
forms<br>
and manifestations," the letter said. The organizations
were<br>
told that they must publicly denounce the ALF, ELF and similar<br>
groups, which have committed sabotage "no less deplorable"<br>
than the World Trade Center attacks. They were given a deadline,
and<br>
it was implied in press statements that if they declined they would<br>
be investigated. The leaders of the national environmental
movement<br>
all pledged their loyalty oaths. [Potter, P. 191.]<br><br>
In 2003, Ron Arnold who claims to have<br>
pioneered the use of the term“eco-terrorism,” was hired as an<br>
expert consultant by the University of Arkansas Terrorism Research<br>
Center. The project was funded by a grant from the National<br>
Institute of Justice, the research arm of the Justice Department.<br>
Arnold—who has told the New York Times, “we want to destroy<br>
environmentalists by taking away their money and their members”—was<br>
paid by the government to advise law enforcement on the terrorist<br>
threat he helped fabricate. [Potter, P. 61]<br><br>
In 2003, the Justice Department’s<br>
Office of the Inspector General audited the FBI and provided<br>
recommendations for improving its terrorism investigations.
The<br>
audit raised multiple concerns with the bureau’s treatment of<br>
animal rights and environmental activists as terrorists.
Foremost<br>
among them were communications problems within the FBI, and the<br>
quality of terrorism intelligence sent by the bureau to state and<br>
local law enforcement. The audit revealed that the FBI’s
weekly<br>
Intelligence Bulletins and Quarterly Terrorist Threat Assessments<br>
often focused on political activists. The inspector general<br>
recommended that the FBI’s intelligence updates focus on “domestic<br>
terrorist activities aimed at creating mass casualties or destroying<br>
critical infrastructure, rather than information on social protests<br>
and domestic radicals’ criminal activities.”<br>
More important, the audit warned that<br>
the FBI’s focus on animal rights and environmental activists placed<br>
public safety at risk. In one of its six recommendations, the<br>
inspector general’s office advised the FBI to stop investigating<br>
animal rights and environmental activists as terrorists and to shift<br>
these cases to the FBI’s criminal division. The FBI’s
definition<br>
of domestic terrorism has become too broad, the report said: “A<br>
more focused definition may allow the FBI to more effectively target<br>
its counterterrorism resources.”<br>
The FBI refused. Steven C. McGraw of<br>
the FBI’s inspection division responded in a letter to the<br>
inspector general that these groups have “caused considerable<br>
damage to the U.S. economy” and that the Joint Terrorism Task<br>
Forces are the best way to investigate them. Although the
inspector<br>
general’s office does not have the power to override such refusals,<br>
the office wrote back and reiterated its concerns: “we believe that<br>
the FBI’s priority mission to prevent high-consequence terrorist<br>
acts would be enhanced if the Counterterrorism Division did not have<br>
to spend time and resources on lower-threat activities by social<br>
protestors.”<br>
There have been some indications that<br>
federal law enforcement’s focus on political activists has had<br>
consequences. An investigation by the Seattle
Post-Intelligencer,<br>
relying on former FBI officials, revealed that the bureau knew of<br>
pervasive fraud in the mortgage industry and its potential for<br>
national and international economic crises. However, the bureau
did<br>
not have the resources to investigate. After September 11th,<br>
about 2,400 FBI agents were reassigned and highly skilled white<br>
collar crime investigators were shifted to domestic terrorism<br>
investigations.<br><br>
Juxtapose this with the fact that of<br>
these 2,400 agents investigating white collar crimes (which could<br>
have possibly lead to the prevention of the 2008 financial
meltdown),<br>
several of these agents went on to investigate this ‘more<br>
important’ lead instead. In a 2006 bulletin to federal, state
and<br>
local law enforcement agencies, the Department of Homeland Security<br>
warned about eco-terrorism like “flyer [sic] distribution” and<br>
“tying up company phone lines.” [Potter, P. 240]<br>
(flyer drop in Oakland)<br><br>
“We knew we had a broader problem,<br>
but you’ve got a Justice Department and the administration saying<br>
you need to concentrate on domestic intelligence and<br>
counterterrorism,” a retired high ranking FBI official told the<br>
paper. “It wasn’t very popular to ask for resources for<br>
anything. It was dead on arrival.”<br><br>
Homeland security operations have been<br>
similarly criticized within Washington. In 2005, U.S.
Representative<br>
Bennie G. Thompson, who is the ranking member on the House Committee<br>
on Homeland Security, issued a report with six other committee<br>
members criticizing the department for focusing on “eco-terrorism”<br>
while not addressing the threat of right-wing terrorists. “If
DHS’<br>
long-term planning documents do not consider these and other risks<br>
posed by right-wing domestic terrorists,” the report said, “then<br>
lower-level agents working to fight these groups may not be
receiving<br>
enough budgetary, policy or administrative support from their<br>
superiors. This means possible threats to our homeland could
go<br>
undetected.” [Potter, P. 236-238]<br><br>
The pharmaceutical band still played<br>
on, an they still marched on, touting animal rights activists as the<br>
number one domestic threat in this country.<br><br>
The pharmaceutical industry had their<br>
first big break at passing a new law on May 18, 2004. This would
be<br>
one of several hearings into weather or not congress should pass new<br>
laws making legitimate protest campaigns illegal. John E.
Lewis,<br>
assistant deputy director for the FBI was called by the Senate<br>
Committee on the Judiciary to speak on a hearing dubbed, “Animal<br>
Rights: Activism vs. Criminality”<br><br>
His statement would seem quite contrary<br>
to what those would wanted this new law pass hear. He stated,
“While<br>
some ALF activities have involved direct actions covered by this<br>
statute, such as animal releases at mink farms, the activities of<br>
SHAC generally fall outside the scope of the AET statute. In fact,<br>
SHAC members are typically quite conversant in the elements of the<br>
federal statute and appear to engage in conduct that, while criminal<br>
(such as trespassing, vandalism or other property damage), would not<br>
result in a significant, particularly federal, prosecution. “<br>
(<br>
<a href="http://judiciary.senate.gov/hearings/testimony.cfm?id=1196&wit_id=3460">
http://judiciary.senate.gov/hearings/testimony.cfm?id=1196&wit_id=3460</a>
<br>
)<br><br>
It may not have been what the<br>
pharmaceutical representatives wanted to hear. A deputy director
for<br>
the FBI stating that animal rights activists, particularly SHAC,
were<br>
following the law - not breaking it.<br><br>
Ironically within days of this<br>
statement, 7 SHAC activists were arrested in this country and
charged<br>
with breaking the law that the FBI deputy director said days<br>
beforehand, they were not breaking.<br><br>
At one of the first hearings of the<br>
SHAC 7 case, the defense immediately brought up this fact, that even<br>
a deputy director of the FBI said the individuals charged with the<br>
crime were not breaking the law. Charles McKenna, the
prosecutor,<br>
stood dumb faced, and stumbled over his words, “Well I tried to<br>
call Washington, but they never returned my calls.”<br><br>
The next time congress would meet would<br>
be almost a year later, on May 18th, 2005. The Senate’s<br>
Committee on Environment and Public Works would specifically examine<br>
the Earth Liberation Front “ELF” and the Animal Liberation Front<br>
“ALF”.<br><br>
After this, it would be yet another<br>
year until congress would meet on the AETA, this time meeting on May<br>
23, 2006. The House Judiciary subcommittee on Crime, Terrorism,
and<br>
Homeland Security would hear about the AETA.<br><br>
<br>
Senator Patrick Leahy (D-VT) expressed concerns about the hearing.<br>
Refusing to attend, he submitted a statement in which he first<br>
expressed approval that the hearing's original title, "The<br>
Threat of Animal and Eco-Terrorism," had been abandoned. Leahy<br>
wrote: "Most Americans would not consider the harassment of<br>
animal testing facilities to be terrorism, any more than they would<br>
consider anti-globalization protestors or anti-war protestors or<br>
women's health activist to be terrorists…I think that most<br>
Americans would rather that we address more urgent concerns that<br>
really do pose a serious threat to this country and to the
world."<br>
Senator Leahy also noted that although he had suggested to Chairman<br>
Hatch to include an additional witness at the hearing who would<br>
balance out the proceedings with a different perspective on the<br>
issue, Chairman Hatch declined to do so. Some senators submitted<br>
statements that countered the testimony of those seeking increased<br>
restrictions on animal activism.<br>
Then-Senator Barack Obama (D-IL) stated; " I do not want people<br>
to think that the threat from these organizations is equivalent to<br>
other crimes faced by Americans every day. According to the FBI,<br>
there were over 7,400 hate crimes committed in 2003--half of which<br>
were racially motivated….The FBI reports 450 pending environmental<br>
crimes cases involving worker endangerment or threats to public<br>
health or the environment….So, while I appreciate the Chairman's<br>
interest in these fringe groups, I urge the Committee to focus its<br>
attention on larger environmental threats, such as the dangerously<br>
high blood-lead levels in hundreds of thousands of children."<br>
This is the same Obama who also comapired the ALF, with other<br>
liberationists such as Denmark Vesey, Frederick Douglass, and
Harriet<br>
Tubman. In his book, Audacity of Hope, Obama writes, “slaves<br>
and former slaves, men like Denmark Vesey, and Frederick Douglass
and<br>
women like Harriet Tubman who recognized power would concede nothing<br>
without a fight. It was the wild-eyed prophecies of John Brown, his<br>
willingness to spill blood and not just words on behalf of his<br>
visions, that helped force the issue of a nation half slave and half<br>
free. I'm reminded that deliberation and the constitutional order
may<br>
sometimes be the luxury of the powerful, and that is has sometimes<br>
been the cronks (?), the zealots, the prophets, the agitators, and<br>
the unreasonable--in other words, the absolutists--that have fought<br>
for a new order. Knowing this, I can't summarily dismiss those<br>
possessed of similar certainty today--the anti abortion activist who<br>
pickets my town hall meeting or the animal rights activist who raids<br>
a laboratory--no matter how deeply I disagree with their views. I am<br>
robbed even of the certainty of uncertainty--for sometimes absolute<br>
truths may well be absolute. “[Barack Obama Audacity of Hope,<br>
Chapter 3.]<br><br>
<br><br>
<br>
Senator James Jeffords (I-VT) similary attempted to put the<br>
accusations of terrorism into proper perspective: "ELF and ALF<br>
may threaten dozens of people each year, but an incident at a<br>
chemical, nuclear or wastewater facility would threaten tens of<br>
thousands."<br>
He questioned why the Senate's Committee on Environment and Public<br>
Works was examining the issue of animal rights terrorism when it<br>
lacks jurisdiction over law enforcement. Jeffords also expressed his<br>
disappointment that Representative Bennie Thompson (D-MS) had not<br>
been permitted to testify, even though Thompson was on the House<br>
Committee on Homeland Security.<br>
Notably less than a month prior to this hearing, Thompson authored a<br>
report entitled, "10 Years After the Oklahoma City Bombing, the<br>
Department of Homeland Security Must Do More to Fight Right-Wing<br>
Terrorists," in which he criticized the Department of Homeland<br>
Security for focusing its counterterrorism efforts on
"left-wing"<br>
domestic groups, such as the ALF, "which promote nonviolence<br>
toward human life" and not "right-wing" domestic<br>
groups, such as white supremacists and neo-Nazis.<br>
Perhaps the most vocal opponent of animal enterprise terrorism laws<br>
at the hearing was Senator Frank Lautenberg (D-NJ): "The<br>
Oklahoma City bombing killed 168 people. The attacks of 9/11 killed<br>
3,000. Since 1993, there have been at least five fatal attacks on<br>
doctors who performed legal abortions [now there have been 6]. Eric<br>
Ruldolph recently pleaded quietly to placing a bomb in a public area<br>
during the Olympic Games in 1996, as well as bombing a Birmingham<br>
women's clinic and a gay nightclub. All of these cases involved the<br>
loss of human life. To date, not a single incident of so-called<br>
environmental terrorism has killed anyone….Let us not allow<br>
ourselves to be blinded to the more serious threats posed by those<br>
who have taken innocent lives." Lautenberg also warned against<br>
assuming guilt by association; the act of one individual should not<br>
lead to accusations of terrorism for an entire organization. Timothy<br>
McVeigh, he said, belonged to the National Rifle Association:
"that<br>
doesn't make the NRA a terrorist group." Lumping legitimate<br>
activists with terrorists is dangerous, he argued, in that it<br>
"minimize[s] the very real threats against our society."<br>
In a written statement, Representative Sheila Jackson Lee (D-TX)<br>
expressed concerns echoing those set forth by the lone AETA-opposing<br>
witness, Potter: namely, that the AETA would criminalize acts<br>
protected by the Constitution.<br><br>
[Bobby] Scott—a prominent figure in<br>
the Congressional Black Caucus, a go-to guy in the House on civil<br>
rights and civil liberties issues—acknowledges that this<br>
“terrorism” law could target nonviolent civil disobedience.<br>
“There are some who conscientiously believe that it is their duty<br>
to peacefully protest the operation of animal enterprises to the<br>
extent of engaging in civil disobedience,” he says. “If a<br>
group’s intention were to stage a sit-in or lie-down or to block<br>
traffic to a targeted facility, they certainly run the risk of
arrest<br>
for whatever traffic, trespass or other laws they may be breaking.<br>
But they should not be held more accountable for business losses due<br>
to causes such as delivery trucks being delayed any more than a<br>
boycott or protest against any other business.<br>
“To violate the provision of the<br>
bill, one must travel or otherwise engage in interstate activity
with<br>
the intent to cause damage or loss to an animal enterprise.
While<br>
the losses of profits, lab experiments or other intangible losses
are<br>
included, it must be proved that such losses were specifically<br>
intended for the law to be applied.”<br>
In other words, those who<br>
conscientiously believe that it is their duty to peacefully protest<br>
through civil disobedience could be labeled terrorists, but only if<br>
they intend to hurt corporate profits. [Potter, P.166-167]<br><br>
At the last hearing on the AETA on May<br>
23, 2006, Bill Delahunt, a Democrat from Massachusetts, asks to make<br>
a final comment. All of the crimes that were mentioned by the<br>
witnesses today, are already crimes under state law. Redundant<br>
statutes burden the federal government and shift power from the<br>
states, Delahunt says. Federal resources are limited. He
says<br>
industry groups should instead lobby state officials, because they<br>
could address these crimes more efficiently and quickly than their<br>
federal counterparts. […]<br>
One letter of support [for the AETA<br>
bill] is from Mark Bibi, general counsel for Huntingdon. He
says<br>
SHAC’s campaign has been “enormously successful,” and new<br>
legislation is needed because the group’s model poses a continued<br>
threat to other corporate interests. “The risks posed by SHAC
and<br>
its ilk should not be underestimated,” Bibi says. “Imagine the<br>
impact if SHAC tactics were used by those opposed to various other<br>
industries from defense, to mining, to oil, to timber, to who knows<br>
what else.” [Potter, P. 139]<br><br>
<br>
One of the co-sponsors of the AETA<br>
bill, Randall “Duke” Cunningham, resigned from the House a year<br>
earlier after pleading guilty to accepting at least $2.4 million in<br>
corporate bribes. [Potter, P. 160]<br><br>
The National Association for Biomedical<br>
Research (NABR) purchased a full-page ad in Roll Call. The
paper<br>
covers Capitol Hill and is read daily by Congressional staff. The
ad<br>
featured a black-and-white photograph of a vandalized office. On
the<br>
wall, in bright red spray-paint-style lettering, it said “Your home<br>
is next.” At the bottom of the page, it said “SUPPORT THE
ANIMAL<br>
ENTERPROSE TERRORISM ACT.”[…]<br>
The coalition created to pass the AETA<br>
into law had a lot of money. On of the things they were a
little<br>
skimpy on was security, and an anonymous source has leaked many of<br>
the group’s internal documents, which reveal a carefully<br>
orchestrated campaign to label activists as terrorists by spreading<br>
disinformation. […]<br><br>
NABR’s bio medical coalition internal<br>
talking points are written with startling candor. They reveal
these<br>
groups’ description of what they see as the true threat of the<br>
animal rights movement. Activists are dangerous not because of<br>
violence, or the potential for violence. “These tactics have
been<br>
very successful,” the talking points say, in “damaging the<br>
financial footing of corporations involved in animal
enterprise.”<br><br>
The argument about labeling non-violent activists is still there.<br>
The state department and the UN would challenge this rhetoric in<br>
2004. Both the State Department's and the UN Security Council<br>
Resolution 1566 (2004), which helps codify international law<br>
concerning acts of terrorism, do not include violence against<br>
property. To say that activists that break into labs, steal
animals,<br>
destroy the equipment used in the experiments, are terrorists, now<br>
goes against what these governmental agencies is a real terrorist.<br>
(P. 12)( Punishing Protest--Government Tactics That Suppress Free<br>
Speech, by Heidi Boghosia and the National Lawyers Guild. 2007<br>
National Lawyers Guild)<br><br>
<br>
Even with this coordinated campaign by<br>
multinational corporations and industry leaders, the Animal<br>
Enterprise Protection Coalition knows it still does not have the<br>
votes it needs in order to pass the AETA. Two of the
coalition’s<br>
internal lobbying documents are political scorecards. They have
rows<br>
for every member of Congress, and columns for support of the Animal<br>
Enterprise Terrorism Act: “Yes,” “Leaning Yes,” “Leaning<br>
No” and “No.” According to the scorecards, only four of one<br>
hundred senators support the legislation. That explains why
the<br>
Animal Enterprise Terrorism Act was rushed through the Senate, on
the<br>
last business day before Congressional recess for the elections,
with<br>
no discussion or debate. As a result, it passed by “unanimous<br>
consent.”<br><br>
<br><br>
On the House side, support is equally<br>
scarce. According to the scorecard, only 27 of the 435 members
of<br>
the House—6 percent—support the legislation. One should treat<br>
that tally conservatively. Most of the rows and columns on the<br>
scorecard are blank, and only solid “yes” votes are marked.<br>
Lobbyists were clearly erring on the side of caution, which is<br>
normal, and only tabulating the most solid votes. That being
said,<br>
even if the number of supporters is eight times higher than the<br>
coalition has recorded, the legislation will fail on the House
floor.<br>
[Potter, P. 162]<br><br>
It does seem that those who were a yes for this law were more of a<br>
yes for financial reasons. Representative Stenholm has tirelessly<br>
pushed for the Farm Animals and Research Facilities Protection Act<br>
and then its amended version, the AEPA. Throughout his congressional<br>
career, the US agricultural industry--which includes animal<br>
agriculture--gave Stenholm more than $2.5 million in donations. Of<br>
this amount, from 1998 on, the agricultural services/products<br>
industry contributed $666,795; the crop production and basic<br>
processing industry contributed $786,460; and the following<br>
industries contributed a total of $1,106,008: food and beverage,
food<br>
processing and sales, egg, dairy, poultry, and live stock.
Stenholm's<br>
top two contributors were the American Farm Bureau and the National<br>
Cattlemen's Beef Association. The Dairy Farmers of America and the<br>
United Egg Association also were among Stenholm's top ten<br>
contributors. Restriction pressure from animal protection groups is<br>
just what these donors wanted.<br><br>
Other sponsors of the AEPA had financial ties with animal
industries.<br>
Representative Thomas Ewing (R-IL) enjoyed campaign contributions<br>
from political action committees such as the American Meat
Institute,<br>
Dairy Farmers of America, Inc., Milk Industry Foundation, and the<br>
National Cattlemen's Beef Association; the late Representative<br>
Herbert Bateman (R-VA) had over $100,000 in personal investments in<br>
Smithfield Foods, the world's largest producer and processor of
pork;<br>
and Representative Dave Camp (R-MI) owned more than $750,000 worth
of<br>
stock in pharmaceutical companies that profited from animal<br>
vivisection, namely, Abbot Laboratories, Dow Chemical, Johnson &<br>
Johnson, Pfizer, Inc., Schering-Plough Corp., and Wyeth. The Houses<br>
Committee on the Judiciary held hearings on the AETA on 2006. The<br>
chairman was Representative James Sensenbrenner (R-WI) who had deep<br>
financial ties to the pharmaceutical industry. In 2006,
Sensenbrenner<br>
owned significant stocks and bonds in various pharmaceutical giants,<br>
such as Abbot Laboratories, Inc., (over $500,000), Pfizer (over<br>
$600,000), and Merck & Co. ($1.3 million). Altogether $2.4<br>
million in one time Huntingdon Life Sciences customers.<br><br>
<br><br>
It is 2:46 p.m. on November 13th,<br>
2006, and lawmakers who spent the morning grandstanding about
causing<br>
trouble are back in their offices, or at events related to Dr.
King’s<br>
memorial. Only five lawmakers have gathered here on the House
floor. They<br>
are<br>
barreling through a string of bills, assembly-line style,<br>
as part of an obscure procedure called “suspension of the rules.” Members
of<br>
Congress have busy schedules, and this procedure lets<br>
them, as the Congressional Research Service says, “act<br>
expeditiously on relatively non-controversial legislation.”
Each<br>
bill gets forty minutes of debate, then an up-or-down vote, then a<br>
push out the door.<br>
It’s usually so uneventful that many<br>
members of Congress don’t bother attending. Representative
Sheila<br>
Jackson Lee made an appearance to praise the Houston Dynamo, “who<br>
are now the 2006 Major League Soccer Cup champions, as they won it<br>
just yesterday in front of thousands of soccer fans at Pizza Hut<br>
Park.” A few minutes earlier Representative Mike Castle urged
his<br>
colleagues to rename a bridge in Delaware after the man who created<br>
the Roth IRA.<br>
The next bill does not cheer sports<br>
teams or rename bridges. Representative James Sensenbrenner hopes
to<br>
use this quick-and-dirty procedure for the Animal Enterprise<br>
Terrorism Act. [Potter, P. 164-165]<br><br>
<br><br>
[R]epresentative Dennis Kucinich of<br>
Ohio speak[s] against the legislation.[…]<br>
They [(Sensenbrenner & Kucinich)]<br>
go back and forth briefly about the purpose of the bill, and<br>
Sensenbrenner says it is needed to combat tertiary targeting.<br>
Kucinich says lawmakers could more effectively fight extremists by<br>
addressing the extreme cruelty that motivates activists. “I
just<br>
think that you have got to be very careful about painting everyone<br>
with the broad brush of terrorism who might have a legitimate<br>
objection to a type of research or treatment of animals that is not<br>
humane,” Kucinich says. “this bill is written in such a way as<br>
to have a chilling effect on the exercise of people’s First<br>
Amendment rights.” [Potter, P. 169]<br><br>
After 40 minutes of debate the bill<br>
effecting thousands of animal rights activists goes to vote with 5<br>
congressional representatives. The bill passes.<br><br>
Two days later November 15th,<br>
2006, legislation honoring the St. Louis Cardinals for winning the<br>
World Series comes to the House floor under the suspension of the<br>
rules. More members of Congress attend and make comments about<br>
baseball than were in the room for the terrorism legislation at the<br>
start of the week. To record where members of Congress stand on
this<br>
issue, Representative Virginia Foxx wants a tally of the vote, a
move<br>
not made for the Animal Enterprise Terrorism Act.<br>
“Mr. Speaker,” she says, “on<br>
that I demand the yeas and nays.” There were 395 yeas, no
nays,<br>
and only 37 members not voting.<br>
Representative Charlie Norwood, a<br>
Republican from Georgia—Dr. King’s home state—could not make it<br>
to the terrorism vote or the baseball vote. To let the
American<br>
people know he was not shirking his democratic responsibilities, he<br>
submits a “personal explanation” to the congressional record on<br>
December 5th. “Mr. Speaker, on roll call No. 523, H.<br>
Res. 1078, congratulating the St. Louis Cardinals on winning the
2006<br>
World Series, had I been present, I would have voted ‘yes’”.<br>
[Potter, P. 173-174]<br><br>
<br>
On November 27th (?), 2006,<br>
then president Bush signs into law the Animal Enterprise Terrorsim<br>
Act.<br><br>
Later, student activists in<br>
Massachusetts protested the Animal Enterprise Terrorism Act outside<br>
the office of their U.S. Representative, James McGovern. They<br>
demanded answers, and they got some; the headline in the local paper<br>
summed it up: “Animal protesters get results.” After meeting<br>
with McGovern’s staff in his office that afternoon, protesters were<br>
given a statement from the congressman stating that he does not<br>
support the law, he would have voted against it if he had known
about<br>
a vote, and he would advocate for repeal. Outside McGovern’s<br>
office, a young woman held a cardboard sign that read, “you can’t<br>
scare the green out of me.” [Potter, P. 178]<br>
The injustice of the AETA's viewpoint discrimination is not lost on<br>
even those who oppose the activities of animal activists. Mike<br>
German, a former FBI agent, after going undercover to investigate a<br>
domestic terrorist hate group, had this perspective on the unfair<br>
result of the application of such a law: "[T]o create a law
that<br>
protects one particular industry smacks of undue influence and seems<br>
to selectively target individuals with one particular political<br>
ideology for prosecution. Why does an 'animal enterprise' deserve<br>
more legal protection than another business? Why protect a butcher<br>
but not a baker?" [ quote in Muzzling a movement]<br><br>
<br>
After being wrongfully convicted in<br>
their case in the SHAC 7 trial, Kevin Kjonaas, Jake Conroy, &<br>
Lauren Gazzola looked at 23 & ½ years if the judge sentenced<br>
them to the max. [I]n comparison, the average sentence is
about<br>
twenty-one years for murder, eight and a half years for sex offenses<br>
and six and a half years for arson. [Potter, P. 151]<br>
With the signing of the AETA occurring<br>
11 days after the Kevin, Jake, Lauren, Josh, & Darius turned<br>
themselves in, they were so closely associated with the implications<br>
of the new law, the Animal Enterprise Terrorism Act and the dreaded<br>
word that went along with it, ‘Terrorism.’ Imagine this,
animal<br>
rights activists being charged with terrorism, for not harming<br>
anyone, yet the government did not seek the terrorism enhancement in<br>
the case of Zacarias Moussaoui, convicted of conspiracy in
connection<br>
to the September 11th attacks.<br><br>
In the pacific Northwest, a self-avowed<br>
white supremacist named Jacob Albert Laskey threw swastika-etched<br>
rocks through the windows of a Eugene synagogue while members were<br>
inside. Among the many charges against him, Laskey also
solicited<br>
help in murdering a potential witness and called in a bomb threat to<br>
a federal courthouse in order to disrupt a grand jury. While
he<br>
awaited sentencing, Laskey sent a letter to Resistance Magazine<br>
advocating for execution cells to break into homes and kill their<br>
targets in front of wives and children. He advocated using
“shoot<br>
and scoot” tactics to kill political officials as they returned<br>
home from work, because the televised funerals would amplify the<br>
message. Soliciting a bomb threat against the federal courthouse
is<br>
listed as a federal crime of terrorism, and Laskey admittedly<br>
intended to influence the government, but prosecutors never sought<br>
the terrorism enhancement. [Potter, P. 186]<br><br>
Eric Rudolph, whose string of fatal bombings included abortion<br>
providers and a gay nightclub, did not face terrorism charges.<br>
Environmental activists charged with property crimes, however, are<br>
being given "terrorism enhancements" in increasing
numbers.<br>
(P. 21)( Punishing Protest--Government Tactics That Supress Free<br>
Speech, by Heidi Boghosia and the National Lawyers Guild. 2007<br>
National Lawyers Guild<br><br>
<br>
Joseph Stack flew a plane into an IRS<br>
building, killing himself and an IRS manager. Members of the<br>
self-proclaimed Christian militia Hutaree were arrested for
allegedly<br>
plotting to assassinate federal, state and local police officers in<br>
hopes of sparking an antigovernment revolution. An
anti-abortion<br>
activist murdered Dr. George Tiller. A white supremacist opened
fire<br>
at the Holocaust museum, killing one person before killing himself.<br>
In government statements, legal proceedings and press reports, the<br>
word terrorism has been conspicuously absent from any discussion of<br>
these crimes. [Potter, P. 236-238]<br><br>
Demetrius “Van”<br>
Crocker, a former member of the neo-Nazi National Socialist
Movement,<br>
was found quilty in 2006 of attempting to purchase sarin nerve gas<br>
and C-4 explosives as part of a plan to blow up government buildings<br>
with a “dirty bomb.” Crocker had also made a version of Zyklon B,<br>
the gas used in Nazi concentration camps.<br><br>
<br>
A hero of<br>
anti-abortion extremists, Clayton Waagner, proclaimed he was on a<br>
mission from God to murder clinic employees. He stole cars,<br>
stockpiled weapons, gathered home addresses, broke out of prison
when<br>
he was arrested and, when recaptured, admitted mailing more than 550<br>
letters in the aftermath of the 9/11 attacks that contained white<br>
powder and notes that read, “You have been exposed to anthrax.
We<br>
are going to kill all of you.” Waagner was associated with the<br>
Army of God, and in 2003 he was found guilty of more than fifty<br>
federal charges including threatening to use a weapon of mass<br>
destruction.<br>
William J. Krar, a<br>
white supremacist from Texas, pleaded guilty in 2003 to possessing a<br>
weapon of mass destruction. Police found a sodium-cyanide bomb<br>
powerful enough to kill everyone in a 30,000-square foot<br>
building—thousands of people—along with nine machine guns, more<br>
than sixty pipe bombs, remote-control explosive devices and some<br>
100,000 rounds of ammunition.<br>
The FBI<br>
consistently downplays, and even omits, crimes like these when<br>
discussing terrorism. Instead of acknowledging them, the bureau says<br>
that in the three years following 9/11, every act of domestic<br>
terrorism, except for one, was the work of animal rights and<br>
environmental activists. In that time period alone, the
National<br>
Abortion Federation tracked hundreds of attacks by anti-abortion<br>
extremists: twenty-four assaults, eight arsons, seven attempted<br>
bombings/arsons, 240 acts of vandalism, forty-eight bomb threats,<br>
twenty-four anthrax threats, and twenty-four death threats.
From<br>
1977 to 2009, anti-abortion activists committed eight murders.
None<br>
of these crimes are recorded by the FBI as acts of domestic<br>
terrorism. [Potter, P. 45-46]<br><br>
Its not just ‘terrorism’ or<br>
non-terrorism that is different in the legal world for different<br>
political parties.<br><br>
Take for example what others have said<br>
and done, and gotten away with, that an animal rights activist
saying<br>
or doing would not get away with.<br><br>
An activist, David “Gypsy” Chain<br>
was killed by a threatening logger. On September 17, 1998, a
video<br>
of the scene showed A.E. Ammons, saying if the activists did not
move<br>
he would “make sure I got a tree coming this way.” Then he did<br>
just that. The local district attorney refused to press
charges<br>
against the logger. [Potter, P.84, A Good Forest for Dying by<br>
Patrick Beach, Doubleday 2004,<br>
<a href="http://rivendell.fortunecity.com/crisis/359/gypsy.html">
http://rivendell.fortunecity.com/crisis/359/gypsy.html</a> ]<br><br>
Former Alaskan Governor Sarah Palin<br>
posted Gabrielle Giffords name on her website under cross hairs.<br>
Representative Giffords was eventually shot in the face.<br><br>
As Judy Gumbo Albert, a founding member<br>
of the Yippies, said of the 1971 Weather Underground bombing of the<br>
Capitol building, “We didn’t do it, but we dug it.” SHAC<br>
posted disclaimers on the website saying the group did not engage in<br>
illegal activity, but supported those who did. [Potter, P.
96]<br><br>
<br>
Greg Schumacher [owner of Schumacher<br>
Fur’s in Portland, with 112 years of business] put signs in his<br>
window threatening violence. One read: “ALL PROTESTERS SHOULD
BE!<br>
*BEATEN* STRANGLED*SKINNED ALIVE*ANALLY ELECTROCUTED,” the fate<br>
suffered by the animals that became his coats. [Potter, P. 179]<br><br>
Al Gore, one of the most respected and mainstream faces of the<br>
environmental movement, has called for lawbreaking, saying, "I<br>
can't understand why there aren't rings of young people blocking<br>
bulldozers." [Potter, P. 192]<br><br>
<br>
After wall street brought on the financial meltdown of 2008, and the<br>
public learned that bankers bonuses were being paid with taxpayer<br>
money, many were very upset, and very vocal about how they felt.
A<br>
March 9th (?) 2009 NYT brings to issue, what anti-bankers<br>
could get away with that animal rights activists would be arrested
on<br>
federal terrorism charges if they tried the same thing. “Populist<br>
rage over 168 million in bonuses being paid to employees of A.I.G. –<br>
many of whom were responsible for insuring the credit default swaps<br>
and overvaluing derivatives. U.S. Senators and Congressional
reps.<br>
Are demanding to name and shame these exec’s. In testimony
before<br>
congress A.I.G. CEO Edward Libby said he would give them the names<br>
but requested Congress keep them under seal because death threats<br>
have been pouring in and the employees are afraid for their lives.<br>
With the same indignant rage as fomented during the French<br>
Revolution, A.I.G. employees are being threatened to being strung up<br>
with piano wire and violence is even being directed towards their<br>
families and children. Some groups are even organizing protest
bus<br>
tours to the homes of key exec’s. Rep Barney Frank, made
cognizant<br>
of these threats, offered little sympathy and pursued this “name<br>
and shame” pandering policy and stated to the effect, ‘tough<br>
luck.’”<br>
Now does that make him complicit in a conspiracy under the federal<br>
stalking statute, by aiding and knowingly putting person(s) in<br>
reasonable belief of a threat to their lives of safety?<br>
CNBC’s Jim Cramer ranting on his program “Mad Money” that “we<br>
should hound them in the supermarket, we should hound them in the<br>
ballpark, we should hound them everywhere they are.”<br>
--Book, “Too Big to Fail”, by Andrew Ross Sarkin, Page 532<br><br>
<br><br>
Its more than just protecting one industry and not protecting<br>
another. Take for example the disproportionate sentenced an<br>
NON-activist got for a crime of property destruction towards an<br>
animal enterprise. The owner of a pet shop burned down a pet shop
(an<br>
animal enterprise) and spray painted “No more exploitation of<br>
animals” in black spray paint outside the front door. He was not an<br>
activist and his motivations here were not to put the entity out of<br>
business (which an activist may have that motivation for doing the<br>
same crime), but his motivations were not activism-related and were<br>
for financial reasons( he wanted to get money by insurance fraud).
He<br>
got a 2 year, 9 month sentence, one of the accomplice got 2 years 5<br>
months, and the other got 30 days (to be fair he was a minor at the<br>
time and usually smaller sentences are given to minors).<br><br>
<br>
Now compare that to sentences of animal rights and environmental<br>
rights activists who ALSO attacked an animal enterprise or planned
to<br>
engage in property destruction. Consider the past couple of cases.<br>
Eric McDavid 20 years, who planned to attack a dam; Marie Mason, who<br>
destroyed a gmo research center got a 22 year sentence. Nathan Block<br>
and Joyanna L. Zacher were indicted, arrested, and were originally<br>
looking at facing life plus 1,115 years in prison for their roles in<br>
two separate actions of property destruction. . Daniel McGowan was<br>
looking at life plus 335 years, for two separate actions of non<br>
violent property destruction for targeting an office of a lumber<br>
company, and a tree farm that was believed to be testing genetically<br>
engineered trees.<br><br>
<br>
Tamara Meridith of Canyonville was arrested on 35 counts of first<br>
degree arson. The motivation was "overtime." Meredith was<br>
only convicted on two counts; the evidence was
"circumstantial",<br>
which apparently doesn't carry the weight in Roseburg that it does
in<br>
Circuit Court in Eugene. After putting 600 firefighters at risk of<br>
injury and death, and costing tax payers a few hundred thousand<br>
dollars a day (not including the damages to the forest), Ms.
Meredith<br>
was sentenced to three years (<br>
<a href="http://www.topix.com/forum/city/hutchinson-ks/T0NLS068BBUAR2I7R">
http://www.topix.com/forum/city/hutchinson-ks/T0NLS068BBUAR2I7R</a>
)<br><br>
<br>
Since the SHAC 7 conviction there has been some challenges to the<br>
AETA and similar like it.<br>
On February 19 and 20, 2009, the FBI’s<br>
Joint Terrorism Task Force arrested four California animal rights<br>
activists, the first arrests under the Animal Enterprise Terrorism<br>
Act. There had been a wide range of both legal and illegal
tactics<br>
against animal experimentation at University of California campuses,<br>
including the destruction of university vans.<br>
Nathan Pope, Adriana Stumpo, Joseph<br>
Buddenberg and Maryam Khajavi were not arrested in relation to these<br>
crimes, however. Much like the SHAC defendants, they were not<br>
accused of any property destruction or violence. According to
the<br>
indictment, the defendants allegedly chanted loudly at home<br>
demonstrations (including “murderer leave town, terrorist leave<br>
town”), and used the Internet to research public information about<br>
animal experimenters. They also allegedly wore bandannas at<br>
protests, which is an increasingly common response to FBI harassment<br>
and photography, and wrote slogans on the public sidewalk using<br>
children’s sidewalk chalk.<br>
Individually, these acts all clearly<br>
fall outside the scope of criminal behavior. Combined,
however,<br>
prosecutors argued, chanting, researching, wearing masks and
chalking<br>
slogans amounted to a campaign that instilled fear in those<br>
protested. In the lead-up to trial, the government revealed
some<br>
information about the extent of government surveillance, including<br>
the use of DNA testing. At a time when states say they do not
have<br>
money for the expensive testing in death penalty cases—testing that<br>
has exonerated innocent people on death row—the government has<br>
acknowledged using DNA testing on protesters’ bandannas.<br>
In July 2010, a U.S. District Court<br>
threw out the indictment because the government did not clearly<br>
explain what, exactly, the protesters had done. The Center for<br>
Constitutional Rights and attorney Matthew Strugar had argued that<br>
the charges should be dropped because they seemed to involve First<br>
Amendment-protected activity, and that in order to make that
argument<br>
the defendants’ speech must be clearly identified. Judge Ronald
M.<br>
Whyte agreed, saying that the government had not answered basic<br>
questions about the defendants’ alleged conduct and the activists<br>
had the right to know specifically what they did that could be<br>
considered a crime. “This is particularly important,” he said,<br>
“where the species of behavior in question spans a wide spectrum<br>
from criminal conduct to constitutionally protected political<br>
protest.” [Potter, P. 232-233]<br><br>
In Minneapolis, two animal rights<br>
activists were arrest, charged, and convicted for holding signs,<br>
chanting, and making comments about animal abuse at a fur store<br>
(Ribnick’s Fur). The activists directed their comments at<br>
individuals, consisting of shrieking and yelling through a closed<br>
window and stating that they knew where Ribnick and his mother lived<br>
and they knew his license plate number, the court ruled this did not<br>
constitute fighting words. The court overturned their conviction and<br>
ruled, “No reasonable jury could have found that any of appellants’<br>
statements constituted fighting words as that phrase has been<br>
defined.” (<br>
<a href="http://www.mncourts.gov/opinions/coa/current/opa101263-0503.pdf">
http://www.mncourts.gov/opinions/coa/current/opa101263-0503.pdf</a>
)<br>
Well, there you have it. My attempt at presenting the context,<br>
background, and effects of the passage of a patently
unconstitutional<br>
law intended to intimidate and silence the animal rights movement,<br>
the first use of which was to try and make the SHAC 7 defendants an<br>
example to all would-be protesters against animal abuse. The<br>
battlegound has, of course, since moved to the states where, as of<br>
this spring, legislatures in three states (Florida, Iowa and<br>
Minnesota) had recently introduced bills to criminalize taking
photos<br>
and videos of animals being mistreated on factory farms—while doing<br>
absolutely nothing to stop the widespread animal abuse that these<br>
undercover investigators document. Fortunately, these efforts
are<br>
beginning to meet some resistance from a public deservedly
suspicious<br>
about the consequences for their food safety that this lack of<br>
transparency would signal. Hopefully this attempt at overreach
by<br>
agribusiness interests may awaken the public and add energy to the<br>
attempt to repeal the AETA.<br><br>
<br><br>
<br><br>
<br>
As Kevin will be getting out, it looks like Congressman Dennis<br>
Kucinich might be introducing a bill asking for the repeal of the<br>
AETA. From the Equal Justice Alliance: “<br><br>
<br>
Just a quick<br>
update on what's happening with a bill to repeal AETA.<br>
We're working<br>
closely with Congressman Kucinich's staff who are<br>
reviewing the<br>
repeal bill we've drafted and our position paper.<br>
Unfortunately,<br>
Kucinich will be losing his district in Nov. 2012<br>
because of<br>
the census. I expect that he will be introducing the bill<br>
in the Fall. Once he does, we will need to have in place a
network<br>
to<br>
communicate quickly with everyone and when to contact Congress to<br>
co-sponsor<br>
the bill.<br><br>
To be<br>
successful in repealing AETA, we need a large and efficient<br>
network;<br>
therefore, we just set up a Facebook page. It would be great<br>
if you would<br>
go on the Equal Justice Alliance Facebook page and "like"<br>
us and get<br>
your friends and family to "like" us, too. Also, we
are<br>
now on Twitter -- our handle is: @The_EJA.<br><br>
The following books are worth checking out.<br>
Many of the quotes and information I got for this little essay I
wrote<br>
came from these books:<br>
Beyond Bullets: The Suppression of Dissent in the United States by
Jules<br>
Boykoff<br>
Muzzling a Movement: The Effects of Anti-Terrorism Law, Money, and<br>
Politics on Animal Activism by Dara Lovitz<br>
Greeen is the New Red: An Insider's Account of a Social Movement
Under<br>
Siege by Will Potter<br><br>
In the mean time, join me in welcoming<br>
Kevin home.<br>
He will be at Volunteers of America<br>
(aka a half way house), until he is released to go home.<br>
You can write to him there if you want:<br>
Kevin Kjonaas<br>
2825 E. Lake Street<br>
Minneapolis, MN 55406<br><br>
<br>
There will be an unofficial release<br>
party on September 24th, and his official release party on<br>
October 31st. All are invited to come.<br><br>
Also watch the following trailer for a documentary coming out soon
about<br>
the case:<br>
<a href="http://www.youtube.com/watch?v=YQW1rYLmKKU">
http://www.youtube.com/watch?v=YQW1rYLmKKU</a><br>
-- <br>
August 30th, 1963<br>
"We must mark him now...as the most dangerous Negro of the future in
this<br>
nation from the standpoint of national security."--FBI Assistant
Director<br>
William Sullivan on M.L. King<br><br>
September 28th, 2004<br>
"There's been no other movement that has brought as much violence
and<br>
destruction and vandalism."--FBI Deputy Assistant Director John E.
Lewis<br>
on Animal Rights.<br><br>
<br>
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