Update on Terrorism Enhancement hearing

May 16, 2007 Family and Friends of Daniel McGowan

On May 15, Judge Aiken heard oral arguments on the terrorism enhancement from the government and the lawyers for all the defendants. The government is asking the court to impose the “terrorism enhancement,” which could affect the judge’s sentencing guideline calculation and have a huge impact on where, and under what conditions, Daniel McGowan is imprisoned. During the hearing, the government compared the defendants to the KKK and to other people who have been sentenced under the terrorism enhancement. What the government did not say is that in all of those other cases, the people who committed the crimes intended to injure and kill others.

Daniel’s lawyers argued that if the terrorism enhancement is applied, Daniel could be placed in a prison such as Terre Haute, Indiana, where inmates have very little contact with the outside world and are monitored constantly. They also pointed out that the government cannot seriously argue that the defendants are dangerous “terrorists,” considering that the government has agreed to allow Jacob Ferguson, who is responsible for over a dozen arsons, to remain free. The reality is that none of the defendants in the case are terrorists who pose a risk to the community.

The judge did not make a ruling at the hearing. She will rule on some legal issues by early next week. Daniel probably will not know if Judge Aiken will impose the terrorism enhancement until he is sentenced on June 4.

Thank you to everyone who came out for the hearing. Please come out for Daniel's sentencing on June 4th.
Location: Eugene Federal Court, 405 East 8th Avenue.

Family and Friends of Daniel McGowan

Related media articles:
http://www.oregonlive.com/newsflash/regional/index.ssf?/base/news-19/1179264023287970.xml&storylist=orlocal
http://www.registerguard.com/news/2007/05/16/a1.terrorism.0516.p1.php?section=cityregion
http://www.oregonlive.com/oregonian/stories/index.ssf?/base/news/1179282317253940.xml&coll=7



Daniel McGowan is an environmental and social justice activist. He was charged in federal court on many counts of arson, property destruction and conspiracy, all relating to two incidents in Oregon in 2001. Until recently, Daniel was offered two choices by the government: cooperate by informing on other people, or go to trial and face life in prison. His only real option was to plead not guilty until he could reach a resolution of the case that permitted him to honor his principles. As a result of months of litigation and negotiation, Daniel was able to admit to his role in these two incidents, while not implicating or identifying any other people who might have been involved. The government will seek a sentence of eight years, while Daniel's lawyers will seek a sentence of no more than 63 months at his June 4th sentencing hearing.