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<a class="gmail-domain gmail-reader-domain" href="https://popularresistance.org/lawyers-argue-jessica-rezniceks-actions-do-not-constitute-terrorism/">popularresistance.org</a>
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<h1 class="gmail-reader-title">Lawyers Argue Jessica Reznicek's Actions Do Not Constitute Terrorism <br></h1>
<div class="gmail-credits gmail-reader-credits">By Free Jessica Reznicek, Popular Resistance.</div>
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<img src="cid:ii_l361vjy80" alt="image.png" width="400" height="221"><br><br><p>Above photo: Los Angeles Catholic Worker.</p>
<p dir="ltr"><span>St. Paul, MN – </span><span>In a </span><a href="https://abcnews.go.com/US/climate-activists-fight-terrorism-sentence-impact-future-protests/story?id=84345514" target="_blank" rel="noopener"><span>defining moment</span></a><span>
for the climate justice movement and for all civil rights, the court
will decide whether or not to uphold a “domestic terrorist enhancement”
that an Iowa court applied to Reznicek’s prison sentence. Reznicek
argues that the terrorism enhancement was both illegally and unjustly
applied. </span><span></span></p>
<p dir="ltr"><span>The appeal is supported by the Center for
Constitutional Rights (CCR), National Lawyers Guild, Water Protectors
Legal Collective, and the Climate Defense Project. </span><span>“If Jessica Reznicek’s acts can be punished as terrorism,”</span><span> says </span><a href="https://img1.wsimg.com/blobby/go/d0e95be6-4478-4ea4-9b9f-52292fcf6d47/downloads/Amicus%20Brief%20Three%20CCR%20and%20Dean%20Sudha%20Setty.pdf?ver=1643600497783" target="_blank" rel="noopener"><span>an amicus brief</span></a><span> filed by CCR, </span><span>“the United States will have moved so far past the international consensus as to be operating in a completely different realm.”</span></p>
<p dir="ltr"><span>Nearly 100 supporters of Jessica Reznicek dialed into
the 8th Circuit Court of Appeals today to listen in as her attorney
argued in front of a panel of three appellate judges, Hon. Jonathan A.
Kobes, Hon. David R. Stras, Hon. Ralph R. Erickson, that the terrorism
ehancement imposed at her sentencing by request of the Department of
Justice by District Judge Rebecca Goodgame Ebinger was misapplied. </span><span>The 8th Circuit Court of Appeal will release their decision in the coming weeks. </span></p>
<p dir="ltr"><span>Reznicek’s attorney Robert Richman argued that the
terrorism enhancement does not apply in Jess’ case since her actions
were not </span><span>“calculated to influence or affect the conduct of the government or retaliate against government conduct.”</span><span>
The government prosecutor argued that even though Jessica’s actions
targeted private property, that the terrorism enhancement must apply
since she referred to the government’s regulatory failure of approving
this pipeline in her public statement. In July 2020, a federal judge
found this permitting process that Jessica was referring to to be </span><a href="https://unicornriot.ninja/2020/federal-judge-orders-dakota-access-pipeline-shut-down/" target="_blank" rel="noopener"><span>illegal</span></a><span>.
Reznicek’s attorney said “the court should find that the error resulted
in a five-fold increase in the [sentencing] guideline range.”</span></p>
<p dir="ltr"><span>Robert Richman argued that under the prosecutor’s
position, every time there is a political protest that tries to generate
public attention to affect policy (the way our democracy works, he
notes), this may trigger the terrorism enhancement. In the </span><a href="https://drive.google.com/file/d/1IbBOWQv8CwyhEg5cLu0r1YNug-QanFpI/view?usp=sharing" target="_blank" rel="noopener"><span>appeal brief</span></a><span> Richman states that Jessica’s actions had, “at most an indirect and incidental effect on the government.” </span></p>
<p dir="ltr"><span>The </span><a href="https://img1.wsimg.com/blobby/go/d0e95be6-4478-4ea4-9b9f-52292fcf6d47/downloads/Amicus%20Brief%20Three%20CCR%20and%20Dean%20Sudha%20Setty.pdf?ver=1643600497783" target="_blank" rel="noopener"><span>amicus brief</span></a><span>
filed by the Center for Constitutional Rights details the
misapplication of the “terrorism enhancement” to Jess’ case. The brief
notes </span><span>“..the natural risk of a broad definition of
terrorism is misapplication of the terrorism enhancement to traditional
means of civil resistance: for example, a sit-in style protest near
train tracks, a demonstration at a military exercise, or opposition to
government immigration policies at airports around the country might
next be subject to the label of terrorism.” The brief’s authors </span><a href="https://img1.wsimg.com/blobby/go/d0e95be6-4478-4ea4-9b9f-52292fcf6d47/downloads/Amicus%20Brief%20Three%20CCR%20and%20Dean%20Sudha%20Setty.pdf?ver=1643600497783" target="_blank" rel="noopener"><span>write</span></a><span> </span><span>“if
Jessica Reznicek’s acts can be punished as terrorism, the United States
will have moved so far past the international consensus as to be
operating in a completely different realm.”</span></p>
<p dir="ltr"><span>Following the hearing, the Campaign to Free Jessica Reznicek said, “we are extremely hopeful that</span><span>
the judges recognized that her actions were not terrorism. We are
hopeful that Jessica’s 8 year sentence will be overturned and her case
will be sent back for resentencing. No matter what they decide, we are
prepared for all outcomes and will be with Jessica until the very end.”</span><span> </span></p>
<p dir="ltr"><span>In 2017 Jessica Reznicek and a partner from the
Catholic Worker Movement publicly claimed responsibility for acts of
vandalism against the Dakota Access Pipeline. In February, 2021 she pled
guilty to a single count of Conspiracy to Damage an Energy Facility. In
June, 2021 an Iowa judge imposed a “terrorism enhancement” at the
prosecution’s request and sentenced Reznicek to 8 years in prison with
restitution of over $3 million to be paid to Energy Transfer LLC. No one
was injured by Reznicek’s acts of civil disobedience. </span></p>
<p dir="ltr"><span>Excessive punishment for water protectors is on the rise where more states are </span><a href="https://insideclimatenews.org/news/12042021/laws-pipeline-protests-line-3/" target="_blank" rel="noopener"><span>passing harsh laws that target protestors</span></a><span>, which have been </span><a href="https://archive.thinkprogress.org/criminalize-pipeline-resistance-sessions-40828c2cb1e6/" target="_blank" rel="noopener"><span>architected and funded</span></a><span> by the fossil fuel industry. Jessica wrote in a 2021</span><a href="https://img1.wsimg.com/blobby/go/d0e95be6-4478-4ea4-9b9f-52292fcf6d47/downloads/Jess_s%20Court%20Statement.pdf?ver=1643600497782" target="_blank" rel="noopener"><span> </span><span>statement</span></a><span> </span><span>to
the court, “I am not a political person. I am certainly not a
terrorist. I am simply a person who cares deeply about an extremely
basic human right that is under threat: water.”</span></p>
<blockquote>
<p dir="ltr"><span>Listen to the May 13th oral arguments </span><a href="https://drive.google.com/file/d/10Rq8wQnkFuzp0w5TGnWpWM5E9itwpSNE/view?usp=drivesdk" target="_blank" rel="noopener"><span>here</span></a><span>. </span></p>
<p dir="ltr"><span>Jessica Reznicek’s </span><a href="https://img1.wsimg.com/blobby/go/d0e95be6-4478-4ea4-9b9f-52292fcf6d47/downloads/Jessica_s%20Appeal.pdf?ver=1643600497783" target="_blank" rel="noopener"><span>appellant brief</span></a><span> & </span><a href="https://drive.google.com/file/d/1IbBOWQv8CwyhEg5cLu0r1YNug-QanFpI/view?usp=drivesdk" target="_blank" rel="noopener"><span>reply brief</span></a><span> are linked.</span></p>
<p dir="ltr"><span>Amicus briefs filed in support of her appeal can be found</span><a href="https://supportjessicareznicek.com/legal" target="_blank" rel="noopener"><span> </span><span>here</span></a><span>. </span></p>
<p><span>Over 15,000 people and 100 orgs have signed a petition in
support of her objection to the terrorism enhancement and can be viewed </span><a href="https://actionnetwork.org/petitions/protecting-water-is-never-terrorism-repeal-jessica-rezniceks-terrorist-enhancement?source=direct_link&" target="_blank" rel="noopener"><span>here</span></a><span>.</span></p></blockquote>
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