Terrorism Enhancement hearing press release

For Immediate Release: May 14, 2007

Civil Rights Outreach Committee

Contacts:

Lauren Regan, Civil Liberties Defense Center, Eugene, OR, 541-687-9180

Alejandro Queral, NW Constitutional Rights Center, Portland, OR, 503-295-6400, 202-491-6204

Feds Seek to Impose Terrorism Sentences on Environmental Activists

Eugene, OR-On May 15, U.S. District Court Judge Ann Aiken will hear arguments as to whether federal “terrorism” sentencing enhancements should apply to 10 environmental activists who have accepted plea deals for crimes of property destruction. The hearing takes place in the Eugene Federal Courthouse at 405 E. 8th Ave. at 10 am. A press conference by the defendants will be held at noon.

The crimes charged under the government’s “Operation Backfire” indictments involved damage to property, but no injury to any living being. Most of the crimes were arsons, for which the median sentence is normally 5 to 8 years. In the 2006 plea deals, the government recommended sentences ranging from slightly over 3 years to nearly 18 years for various defendants. The terrorism enhancement, Section 3A1.4 of federal sentencing guidelines, could add up to 20 years to each of the sentences laid out in the plea agreements. Formal sentencing will take place starting May 22 through June 5 in Judge Aiken’s court.

In existing statutes and the majority of public opinion, terrorism is linked with purposeful violence aimed at injuring people. While recognizing the seriousness of the crimes of arson in these cases, filings for the defendants argue that those facing these draconian sentences went to great lengths to ensure that no humans or animals suffered physical harm from their acts of sabotage. In all counts, the actions targeted property, not people. Some of the targets included slaughterhouses and holding facilities to round up wild horses intended as pet food, a ski development pushing into endangered lynx habitat, and a meat-butchering plant. Federal authorities now claim that these fires count as “terrorism,” under the pretext that such arsons were designed “to influence or retaliate against the government.” Attorney General Alberto Gonzales has even claimed that those arrested were “the country’s number one domestic terror threat.”

“This is the first time in history of the U.S. that the federal government is seeking this enhancement for property crimes that did not result in injury or death to humans,” said attorney Lauren Regan, whose law office defends civil liberties of activists working for social change. “When everyone is a terrorist, no one is. The further we broaden the language of what a true terrorist is, the less security we really have. If a monkeywrencher is the same as Osama bin Laden, where is the distinction drawn?”

The USA PATRIOT Act broadened the application of terrorist enhancements, counter to the original intent, which applied to international terrorism resulting in bodily injury or death to humans, or threats to federal infrastructure like the power grid or waterways. Now criteria includes acts intended to influence the government. Besides increased sentences, the enhancements, if accepted by the court, could land the young defendants in maximum security prisons.

Attorneys for defendant Daniel McGowan said, “The terrorism enhancement is not merely a useful statistic for the Dept. of Justice in its ‘War on Terror,’ it is a label inscribed on the prisoner himself for the duration of his or her sentence… and beyond. It is an inscription uniquely associated with evil intent.”

A press packet with current related articles, background information, and a history of F.B.I. repression of political activism will be available at the event. Court filings are at www.cldc.org