Report from Daniel McGowan's Sentencing

6/4/07

Asst. U.S. Atty. Stephen Peifer for the government:

Daniel McGowan has plead guilty to one count of conspiracy,
and arson charges related to actions at Superior Lumber in
Glendale, Oregon and Jefferson Poplar Farm in Clatskanie,
Oregon. His aliases have included Dylan Kay, Jamie Moran,
Sorrel, Djenni, Rabid, Agent Tart Classique, and Agent Key
Lime. Peifer said he has had lengthy involvement with many
underground groups, including the Biotic Baking Brigade
(BBB), California Croppers, Cropatistas, Reclaim the Seeds,
Washington Tree Improvement Association, and Anarchist
Golfers' Association. Although many co-defendants in this
case have said in court that they had never used the name
"The Family", McGowan used it often and repeatedly.

Daniel, he said, was two different people; the one his
family and friends knew, and his underground persona. He
characterized Daniel as having a "Jeckyll and Hyde"
personality. He said that, like Tubbs who committed his
first arson solo, in 1997 Daniel "acted alone", breaking
windows and spray painting "ALF" at a Macy's in Brooklyn
for selling furs, Zamir Furs in Brooklyn, and a business
called "Evolution" that sold parts of endangered animals.

In 1998, Daniel moved to San Francisco where he met Suzanne
Savoie. In November of that year, he threw a pie in the
face of the Sierra Club president. Peifer said this was
"more than a symbolic act", and that by this time, Daniel
had given up on mainstream environmentalism. Also that
month, Daniel pied The CEO of Novartis Seeds and the Dean
of Natural Resources at UC Berkeley. The communiqués
attributed the acts to the Biotic Baking Brigade. Peifer
said that Daniel was associated with the group as late as
2004. The same year, Daniel targeted Fidelity Investments
(for their investment in Occidental Petroleum) by throwing
etching solution on their windows. In December, there was a
power outage in San Francisco, and Peifer stated that
Daniel took advantage of the opportunity to target the Bank
of America with paint-filled balloons "apparently just
because it was a financial institution".

In July 1999, Daniel performed reconnaissance at a
UC-Berkeley plant research facility. He drew a diagram of
the genetically engineered corn crop, which was then used
by others to tear the crops up. Daniel was not there,
Peifer said, because he was busy in Lodi, California (with
a group calling themselves the Lodi Loppers) destroying GE
corn owned by Eureka Seeds. The communiqué, was written by
Daniel. The same year, Daniel was involved in another
action against genetic engineering with a group called
Reclaim the Seeds. At the end of 1999, Daniel moved to
Seattle to begin preparing for the WTO ministerial, but,
according to Peifer, "his work lived on" in a 'zine called
The Nighttime Gardener, posted on the Bioengineering Action
Network's website. Peifer said it was similar to the how-to
guides written by Bill Rodgers, with instructions on how to
attack research facilities and "destroy years of
researchers' work". While living in Seattle, Daniel and
Suzanne Savoie travelled to Pullman, Washington to target a
potato research facility [I'd like to note here, that
Peifer never once said the words "genetic engineering" in
describing all these "facilities" and "research"], but the
action was called off due to a vehicle breakdown. In
November, three days before the WTO battle, there were
attacks at two GE crop sites, in Puyallup, Washington and
at the University of Washington (which Peifer called
"prophetic"). Daniel wasn't there because he was sick and
denied writing the communiqué, but said that parts of it
appeared to be based on his research. The communiqué makes
reference to Toby Bradshaw, whose office was later targeted
during the "Double Whammy" arson at the University of
Washington.

From November 30 through December 2, the WTO met [or tried
to] in Seattle. Peifer said Daniel was an "integral part"
of the black bloc actions of property destruction. He said
Seattle was "understaffed by police" who " had their hands
full" dealing with non-violent "legal protesters". He
referred again to the planned action at Cargill that he
said was called off because the team didn't want to "tangle
with Longshoremen" at the site. "McGowan changed his plans
and rampaged through the streets instead," Peifer said,
"using a tire iron to smash windows. McGowan favored the
use of a slingshot with ball bearings, which sounds as
dangerous as it is."

In 2000, Daniel moved to Eugene, where he was invited to
attend his first "book club" meeting, but he didn't go to
that one. "By that time, he was a trusted member of the
Family, otherwise he would not have been invited," said
Peifer. Daniel committed acts of vandalism around Eugene --
at Umpqua Bank, and at a "health food store", according to
Peifer. For a short time, Daniel worked for the Earth
First! Journal, which was not "radical or extreme enough"
for him, says Peifer, who quoted a line from a letter to
the Journal from “Rabid” that read, "If Earth First! won't
support the ELF, who will?" In June of 2000 with Savoie,
Daniel targeted the Pure Seed Testing Company in Canby,
Oregon, destroying their greenhouses and test plots, and
causing half a million in damage. The communiqué released
by the Anarchist Golfers' Association was "full of
McGowan's well-known humor and ridicule," according to
Peifer. The communiqué blamed the US Forest Service and
APHIS for their role in biological destruction, which
Peifer said was another example of how Daniel has targeted
government agencies and private facilities "over and over
again" to intimidate, coerce and retaliate.

The following month, Daniel travelled to the Midwest to
work with an entirely different cell. Peifer said that the
plea agreement does not require Daniel to name names, but
that the Midwest group is an entirely different cell of
people and that Daniel is protecting them and thwarting
their investigation by refusing to name them -- "not that
there haven't been leads," he said. While in the Midwest,
Daniel researched and carried out an attack on the a US
Forest Service Biotechnology Laboratory in Rheinlander,
Wisconsin, which Peifer said was "looking for alternative
ways to create wood pulp to save trees". Over one million
dollars in damage was done, and Daniel wrote the
communiqué. In September, Daniel attended the "book club"
meeting in Santa Cruz, where he "lectured" to the others
about actions against genetic engineering. That December,
Daniel performed a recon mission at Jefferson Poplar, which
was a large and challenging target, so the action was put
off, and instead, Superior Lumber was targeted. Daniel
reconnoitered the site a week before the arson, and moved
into a nearby house "solely to prepare". He "lived with the
devices and fuel" and on the night of the action, helped
load the vehicle and rode with the crew, changed into dark
clothing, checked the radios, and acted as lookout while
the others set the devices that caused over a million
dollars damage. After the action, Daniel and Savoie went to
Portland and used a public computer to write the
communiqué. Peifer said Daniel went into the bathroom at
Powell's Books to assemble the communiqué, "almost like
Mission Impossible".

In January of 2001, Daniel attended his second "book club"
meeting in Olympia, prior to the "Double Whammy" and
Romania fires. In March, Daniel played a "major role" in
the tree spiking of the Judie timber sale. Peifer said
Daniel researched tree spiking, so he "knew about the
danger to loggers and millworkersmill workers", that he
purchased the nails and spikes, and that he personally
recruited others. They worked for two and a half hours,
"wearing headlamps like miners" and spiked the trees high
and low, cutting off the ends of some so that loggers would
not see the nails. Daniel wrote the communiqué, which
stated that, "All responsibility for worker safety now lies
with the owner of the sale, Seneca Jones Corporation and
their accomplices, the Forest Service. Cancel thise sale
immediately." Peifer said that Daniel's actions were
"callous and reckless", and that tree spiking was renounced
by Judi Bari before Redwood Summer.

Daniel was not involved in the Romania arson, but Meyerhoff
came to Daniel to approve the communiqué. Daniel was
concerned that the communiqué mentioned Free and Critter,
but was unable to sway the group to change it.

Originally, the action at Jefferson Poplar was supposed to
be "simply destroying the trees" as with other GE actions
Daniel had participated in, but this was "ratcheted up to
arson". Daniel knew about the "Double Whammy" (simultaneous
arsons planned for the University of Washington
Horticulture Center and Jefferson Poplar in Oregon). Peifer
called it a "well-planned and coordinated crime". Daniel
helped purchase the needed supplies and took part in the
construction of the devices wearing a Tyvek "clean suit"
and gloves. He set the devices in the office and garage
using "trailers” of bedsheets soaked in fuel to link the
vehicles together, and spray painted "ELF" on the unburned
building. Regarding the placement of a device near a
propane tank, Peifer said Daniel and Meyerhoff had a brief
discussion about it and that Daniel expressed concern, but
ultimately it was still left there. Gerlach and Daniel
wrote the communiqué, which was out to get the government,
according to Peifer.

Peifer spoke again about how there had been a disagreement,
involving Craig Rosebraugh, about alterations made to the
communiqué, and that Rosebraugh "lost his job over it.",
which illustrates Daniel's "depth of involvement" in the
movement. Peifer showed an overhead projection of the
Spirit of Freedom newsletter from June/July of '01, which
Daniel published (as part of the North American Earth
Liberation Prisoner Support Network he established and ran)
that contained an article entitled "Fascist Legislation in
the Works" about laws being passed in Oregon and Washington
targeting direct action activists. Peifer used the exhibit
to show that Daniel had an interest in influencing
government and should have the terrorism enhancement
applied in the Jefferson Poplar fire. He said, "For years,
McGowan has been targeting government and private
facilities."

At Daniel's third "book club" meeting, held in Sisters,
Oregon, the altered communiqué was discussed, as wasnd the
possible dissolution of "The Family". On June 18th of 2001,
Daniel damaged logging equipment totaling $22,000, and in
July he, dug up and damaged culverts at a timber sale in
Oregon. Following that action, he went to Canada, and
"tries to make it look innocent", says Peifer, but Grand
Juries were being convened in Eugene and people subpoenaed,
so Daniel left to "avoid getting arrested". He returned to
Eugene briefly before moving back to New York. Peifer made
the "Jeckyll and Hyde" allusion again, saying that during
his time back in New York, Daniel engaged in "legitimate"
activism while remaining sympathetic to direct action
tactics. As for Daniel's prisoner support work, Peifer said
he was only willing to support those who had not cooperated
with law enforcement and that his current support is filled
with "like-minded people".

On January 20, 2004, Daniel stood by while someone tossed a
pie into the face of Randall Terry, founder of
right-wingnut pro-life wackos Operation Rescue [my words,
not Peifer's. But the following are Peifer's words:]
"Apparently free speech and lawful protest only go so far
with Mr. McGowan." Daniel wrote the communiqué, which was
signed, Agent Key Lime. Also in 2004, Daniel was a key
organizer for RNC Not Welcome website designed "to make
conventioneers feel unwelcome in his hometown." He Peifer
showed articles from the New York Times and Salon.com in
which Daniel, going by the name Jamie Moran, disavows
violence against people, but not property. Peifer said
Daniel was "directing his cadre of anarchists, dogging
delegates, and trying to make Republicans' lives as
miserable as possible."

Peifer then played excerpts of the recorded conversations
Daniel had with the wired [double entendre] Jake Ferguson.
In the recordings, captured when Ferguson visited Daniel in
New York in April of 2005 and again when Daniel visited
Eugene in August that year, they discuss whether the
actions had any lasting effect. Daniel said he felt the
actions had been a powerful symbol, even though most of the
targets had been rebuilt. He referred to Vail as a
"recruitment drive", and expressed that he felt the actions
had been successful in changing public perception. Daniel
also expressed concern about others in the cell turning on
each other, and said that if any of them were ever
captured, he would find the money to hire the best lawyer
available for that person. He said the only reasons he felt
anyone would talk were if they "found Jesus", went insane
or if they wanted money, to which Jake jumped in and said,
"Money? What do you mean?" and to which  Daniel replied,
"That's some Judas shit, man." Daniel spoke about Free's
case, and talked about hiring a private investigator to
reveal a personal friendship between (the judge from Free's
case), Lyle Velure, and the Steve Romania family (owners of
the SUV lot Free targeted.) He also spoke about putting
Velure's address and phone number on a website (although he
never did it).

Then Daniel talked about finding a copy of Bill Rodgers'
"Setting Fires with Electronic Timers", making "clean"
copies, and sending them to some distributors in hopes they
would be circulated. While Ferguson drove Daniel to the
airport that "visit", they passed a Seneca Sawmill (owners
of a company Daniel remembered as linked to the Superior
Lumber Company but that was actually connected to the Judie
sale), laughed and said "Happy fuckin' New Year, " (i.e.
referring to the New Year arson at Superior Lumber.)

Peifer said the comment showed Daniel's attitude. He said
that, if Nathan and Joyanna plead out because they "had
to", that Daniel's "goose was cooked" by those tapes. In
them, he recounts all his major criminal acts and reveals
his attitude toward the law. Peifer then quoted Emerson,
"'Commit a crime, and the earth is made of glass.' Right
now, your Honor, Daniel McGowan's world is made of glass."
He said the government is seeking 92 months' sentence.

Defense Arguments

Amanda Lee presented arguments for Daniel McGowan. She
began by quoting Gandhi, "You must be the change you wish
to see in the world." Daniel McGowan lives by this
principle in his daily practices more than anyone she's
every represented, Ms. Lee said, stating that it was "truly
a tragedy that he, for a brief time, did not follow that
principle, and engaged in the 'militant extremism of
arson.'" She said that Daniel's regret is enormous, and
that he wishes to apologize to the people he has harmed by
those actions, his family, and the court. She said she had
attended sentencing for Meyerhoff, Tubbs and Gerlach, and
said that Daniel had acted of his own free will; that he
was not coerced or pressured, by friends or loved ones to
commit acts of arson, and that he and he alone takes full
responsibility for his choices. She displayed photos and
spoke of his closeness to his family, and of his love for
his wife, Jenny. Daniel's family was in attendance, and was
introduced to the court.

Lee then addressed issues argued by the government. She
said that the government had characterized Daniel's
disagreement with Meyerhoff over the placement of the
incendiary device near the propane tank as "brief", and
today, the government is blaming Daniel for its placement.
Daniel strongly voiced his opposition to placing it there,
as he knew nothing about propane tanks and believed it to
be dangerous. He regrets not standing his ground on the
issue, but now the government wishes to place the blame on
him. She said Daniel deeply regrets the actions of that
day, and wishes he could take it back, but that faulting
him for not having the influence to change the decision is
going too far.

The government describes Daniel as a two-dimensional
criminal in the '90's, with nothing more on his mind than
reckless destruction. Lee said, "The government could not
be more wrong." They equated Daniel's non-violent civil
disobedience actions and minor property destruction with
Kevin Tubbs' solo act of arson at Dutch Girl Dairy, but Lee
said Daniel's prior minor criminal behavior was very
similar to Savoie's. At this point, Judge Aiken
interjected, "I know the difference and I've read your
memo. The government has the right to argue as they wish,"
to which Lee responded, "It's hard not to respond to
certain types of comparisons." Lee continued her arguments,
saying that Daniel had been very much focused on
researching genetic engineering, especially the development
of Round-up Ready corn. She read from a communiqué the
government had used to show that Daniel had intended to
target the government, which said that Roundup is the
largest selling pesticide in the world, and is "the largest
cause of illness in farmworkers" and violates the human
rights of agricultural workers. These were his motivations.

She went on to say that, yes, Daniel had broken windows at
the WTO in Seattle. She said, "I was there," saying that
she worked only a few blocks from where the black bloc had
damaged property, and that she and other workers downtown
had many conversations about the goings-on during the
ministerial, but that no one she spoke to felt intimidated.
Indeed, she said, "We were more annoyed with the police
checkpoints." Lee said the government had made a big deal
about the aborted Cargill action, saying that it had been
called off because the activists "didn't want to tangle
with Longshoremen", when in fact, they called it off
because there were still workers in the office, it was a
bad idea, and that they decided not to because of this. Lee
said that there were massive peaceful demonstrations, and
that police -- of which there was an abundance --
overreacted, cases were dismissed and judgements were made
against the city as a result. She said, "We that live there
think the riots were just a bunch of media hype."

Lee talked about Daniel's attendance at three of the "book
club" meetings and described the length of his involvement
with the cell as similar to Savoie's, at which point Aiken,
clearly annoyed, interrupted again, "I already know all
this stuff." Lee responded, "Then you know their roles are
very similar."

Regarding the taped conversations with scumbag Jake
Ferguson, Lee said it was important to note that Ferguson
sought Daniel out. She said that the bulk of what we had
heard on the tapes from August 15th occurred right after
Daniel had visited Jeff "Free" Luers in prison, and that he
was very emotional. She said the comments about Judge
Velure were deeply embarrassing to Daniel, but that he did
not DO anything, like post personal information about
Velure online. When Daniel found out that the US Attorneys
in this case had passed that information to Velure and
scared his wife, Daniel wrote a personal letter of apology.
Aiken, annoyed, interrupted again, "I know this. I've seen
it." [At this point, all in the courtroom were baffled by
Aiken's continuous interruptions and visible annoyance, and
were struggling to figure out what she DID want.] Lee went
on, "What the government didn't show is what's NOT on the
tapes... no planning of future arsons, no talk of guns or
explosives. In fact, the vast majority of these recordings
show Daniel speaking about his prisoner support work, the
time and effort he puts into it. There's no talk of
enjoying the arsons. He does talk of not wanting to get
arrested. He didn't run, go underground, use a false name,
store false identification. He had a job, went to school,
and paid his school loans."

Regarding the terrorism enhancement the government had
requested for the Jefferson Poplar fire, Lee asked if the
government had really supplied clear and convincing
evidence that the action targeted the government. She
pointed out that Jefferson Poplar was a privately owned
company, and that the communiqué had been altered, and
according to Gerlach was "entirely different" than the one
they had written. Lee said the government bears the burden
of proof in establishing clear and convincing evidence of
motive, and that they had not.

Daniel did not commit the arsons for fun or adventure,
argued Lee, but out of a profound love of nature and a
sense of desperation. She said that his trip to Thailand
after college affected him deeply, seeing the struggles of
indigenous people trying to defend their natural resources.
She said that in high school and college, Daniel's heroes
had been figures like Malcolm X and Nelson Mandela,
powerful leaders who had accepted violence in their
struggles for justice as younger men, but had moved away
from violence with age. Daniel, also, has matured and
evolved, and was more likely now to speak about role models
like Mother Jones and Utah Phillips. She cited Daniel's
extraordinary volunteerism and activism after leaving
Eugene, his employment at WomensLaw.org, organizing of
Really Really Free Markets, prisoner support work, and
computer recycling program, as examples. She said that his
evolution occurred not as an "epiphany or single moment",
but was more gradual.

Lee began to speak about Daniel's work at Women's Law, and
to read a letter from a co-worker, when Aiken interrupted
again, saying, "I've read it all. I met her." When Lee
started to speak then about Daniel's prisoner support work,
Aiken interjected, asking if Daniel's support group only
supports people who don't "name names". Aiken said, "That's
what is on the table here." Lee spoke about Daniel's
support of Turkish prisoner Mehmet Tarhan, a gay
conscientious objector. She read a letter a supporter of
Mehmet Tarhan had submitted to the court,  which spoke of
the immense help Daniel was, and spoke of his "deep
commitment to helping prisoners in need". Aiken said, "The
letter still did not answer my question." Lee countered
that Mehmet was in jail for refusing to serve in the army,
and that Daniel's work was compassionate. She told the
judge about the families of three prisoners he met on a
plane flying out to one of the court proceedings, to whom
he offered information and resources, and Aiken said, "I'm
not asking fringe questions. It was a simple question to
answer." Lee apologized. She went on to describe Daniel's
involvement organizing Really Really Free Markets in New
York, and helping to open a Free Store, which, Lee said,
paints a very different picture of Anarchists than the news
coverage from Seattle.

Lee said that Daniel's media interviews during the RNC did
not advocate violence, but rather bluntly stated, "Fight
back if provoked." Daniel said that trying to keep protests
in a one square block corral was wrong, and that permits
for marches had not been forthcoming.

Lee mentioned the many letters that had been sent to the
court on Daniel's behalf, and said that you don't get
letters from professors, law students, and policemen if
you're not out there doing the work. Daniel demonstrated
through action what most people only talk about. Lee said,
"He IS being the change," and said he had grown from a
person doing damage to being a person who did everything he
could to reduce suffering and improve the lives of people
in his community. She said, "Hard work is not glamorous,
and not fun all the time, but Daniel does it every single
day."

Jeff Robinson, co-counsel for Daniel said a few words, as
well. Robinson said that he and Amanda Lee had had no
illusions about the seriousness of the allegations against
their client, and had never been more afraid for a client.
He knew that if they went to trial and lost, Daniel would
spend the rest of his life in prison. Daniel had the choice
to name names or get life in prison. "This was never a
choice for him," said Robinson. Daniel had no "misplaced
loyalty, gang mentality, or desire to stay involved in
criminal activity" which guided his choice not to name
names. He had promised himself that he would not try to
mitigate his own punishment by hurting someone else, and
said that "Mr. McGowan is a man of his word." Robinson said
that Daniel had no desire to be a martyr for anyone, only
to keep a promise to himself. Daniel had said, "I was
involved, I will plead guilty, but I will not hurt others
to make it easier for myself." Robinson said that doing the
humble work Daniel does, helping victims of domestic
violence and the homeless, is inconsistent with a "hero"
mentality. He said that Daniel has no control over what is
written on websites. Yes, he asked for support. His legal
bills are staggering, and he knows he is going to spend
years in prison. There was nothing wrong with him asking
for support. Aiken interjected, "He was given the
opportunity for court-appointed counsel, wasn't he?" To
which Robinson replied, "Yes, absolutely. But the fact that
he has asked for financial or emotional support should not
get him..."

Judge Aiken: "There are people in this courtroom who are
not here every day. Taxpayers pay for qualified legal
representation, so they need to hear that court-appointed
counsel is an option. Not one dollar of Mr. McGowan's
assessment has been paid. I don't see money set up for
restitution. I don't see anything for the victims, for
THEIR homelessness, THEIR hardships."

"If his fee hasn't been paid, that's the obligation of our
firm, not his," countered Robinson.

Robinson then spoke about how the global non-cooperation
agreement came about. He said that Daniel had lead the
movement to reach a plea deal. The government agreed not to
ask for more than 92 months, and Daniel agreed that his
sentence should be whatever Suzanne Savoie received, plus
eighteen months. When the parents of one of the fugitives
contacted Daniel's attorneys, Daniel gave permission for
his attorneys to share anything that would help them.

He then spoke about the impact Daniel's refusal to name
names had had on the government's case. Robinson said the
government already had Jonathan Paul, and had attendance
lists from the "book club" meetings. He said that any names
Daniel would have given would have been "very familiar" to
investigators, thus he didn't believe Daniel's decision had
inhibited the government in any way. He also said that
Daniel's refusal to meet with Chelsea Gerlach was not out
of some sense of false loyalty, "There was no loyalty left
at that point!" said Robinson. Daniel felt that Chelsea's
decision was personal. Daniel felt that he also must make
his own decision, and that the choice to name names was
impossible to him. Daniel's acceptance of responsibility
for his own actions had assisted the government in closing
cases that would never have been closed. "He made the
promise to tell what he did, and kept it -- just like he
kept the promise to himself. He is a man of his word."
Robinson argued that Daniel’s refusal to name names about
the Wisconsin case had not impeded the government, as the
statute of limitations had run out, and there would be no
prosecution anyway. Daniel kept his promise to tell of his
actions, and saved the court hundreds to thousands of hours
of administration time, security concerns for a month-long
trial, psychological trauma to victims and witnesses to
testify at trial, cost and expense. Daniel took
responsibility for himself while putting no pressure on
others so that they could decide how to deal with the
government on their own.

Robinson said the court wants to know who Daniel McGowan is
and where he's headed. He plans on pursuing his Master's
degree from prison. Judge Aiken then asked, "How much do
the classes cost?" in a rhetorical way. Robinson went on.
The court might think that his refusal to name names is an
indication that he plans to return to his life of crime,
but Daniel has kept his word from the detention hearing and
followed the court's wishes to the letter. He promises that
those days are over.

Jenny Synan, Daniel's wife then read her statement to the
court.  She finished it by saying,

"Your honor, I kindly yet desperately ask for your fairness
in Daniel's case. I am about to lose my partner and lose
the life that I know, for more years than I can bear to
think about. Please consider my words and understand that
Daniel is not just a good person, he is an exceptional
human being who has contributed positively to so many
people's lives. He made some terrible choices in his past
and he and I both know there is a price to pay. He has
moved on to making the kind of choices that reflect his
true character. I beg you to please consider all of these
things."

His Daniel’s lawyers then spoke to the judge about issues
in the presentencing report that needed to be resolved.
Peifer was allowed to counter. Peifer said that Mr.
Robinson had said the statute of limitations had run out,
but that he had been referring to info from the Midwest
cell, involved in an arson November 5th of 2001, which the
statute would run out on in 2011. Peifer said that Ian
Wallace [who may or may not be under indictment, but is
clearly offering assistance to the government] had told the
government that McGowan introduced him to Stan Meyerhoff.
Peifer said that it is an ongoing investigation. Peifer
said the introduction occurred in July of 2001, and
mentioned that EPD Detective Harvey had been assisting the
investigation. Robinson said that Daniel could be called
before a grand jury, according to his plea agreement, and
that Daniel may have to do that time on top of his
sentence, but that shouldn't impact the court's decision.

Then Daniel read his statement to the court:

"Your Honor,

"Thank you for letting me address the court today.

"A lot of horrible things have been said about me today and
I would like to offer some additional information. I do not
blame anyone else for my actions or words. It is not anyone
else's fault that I engaged in burning Superior Lumber and
Jefferson Poplar Farms. Not my codefendants, either living
or dead, nor my parents. No one forced me into it and I was
fully cognizant of what I was doing at the time.

"However, this does not mean I am ok with what I did. I am
not. I feel deep regret for the actions because they have
frightened people. Although I now know it is hard for
people to believe, my intention at the time was to be
provocative and make a statement, not to put individual
people in fear. It pains me now to think that I did not see
at the time that these arsons would obviously cause fear. I
have read in the newspaper and heard from my lawyers about
the victims who testified and talked about how scared they
were. This was very upsetting and it made me quite ashamed
of myself. I thought of my sister Lisa and how she would
feel if someone burned down her place of employment-how
pictures of my niece and family would be destroyed, and it
stung. To the workers at Jefferson Poplar and Superior
Lumber, I am truly sorry for the damage I did and the fear
I caused you.

"I was a lookout for the arson at Superior Lumber and while
I am as responsible as anyone else, I was insulated in some
ways from the incident. While I saw the actual building, I
did not set the devices nor was I involved in their
creation. It made it seem less real to me. Even when I
heard the alarm over the radio, it still did not seem real.
My participation at Jefferson Poplar, a few months later
was completely different - it freaked me out badly. I
remember standing there in the middle of the vehicle shop
feeling dizzy from the fumes emanating from the gasoline
and wondering, "how did I get to be standing here right
now"? My decision to leave the Earth Liberation Front was
crystallizing in that moment. I attended a meeting weeks
later but I was so disenchanted by my involvement in that
action, by the real world ramifications of the arson at
Romania and how it affected my friend and discussions about
violence.

"It is hard to hear tapes of conversations I had with Jacob
Ferguson, where I speak with false bravado about our past
together. There are no tapes of some of my most private
thoughts, about how I got sick to my stomach before these
acts, about the fear and discomfort I hid from my friends
and family. None of it is an excuse, but I want you to
know, Judge Aiken, that when I became involved in the
arsons, it was after being involved in environmental
activism for a few years, and at a time when I felt utterly
desperate as my attempts to change anything failed almost
always. Moving to Oregon changed my life as it is so
beautiful and the forests are amazing. There is nothing
like it on the planet and it caused me great pain to see
the old growth forests being logged. I wish I had the
answers for how to fix this problem but I didn't and I took
the easy way out. I allowed myself to choose extreme
tactics because I felt the environmental situation in the
world was getting more and more dire by the day. Things I
spoke about and thought about how to fix 7 years ago are
being discussed on television and online now and it gives
me some hope. At the time though, I was feeling quite
hopeless. This seems now to be a hollow excuse for my
actions. But it is the truth.

"When I got back from a trip to Canada, I made a resolution
to myself. I wanted to settle down in a community and do
above-groundaboveground and community based activism. I had
been already been engaged in this sort of activism while I
was destroying property. I now wanted to stop the illegal
actions and concentrate on positive, solution-based
activism. I am lucky to have met my wife Jenny when I was
visiting home. I decided to move back home to NYC, I
quickly found employment at a rainforest and indigenous
rights foundation, organized computer recycling events and
open air free markets. Since 2005, I have worked as a
website assistant for a domestic violence organization that
helps women escape from horrible situations.

"My life since my arrest has been tumultuous and I have
been trying to make the best of a bad situation. Although I
had to abandon my acupuncture program, I recently was
accepted to Antioch University McGregor's distance learning
masters program and I will be finishing my first quarter on
June 15th. I hope to apply my education in ways that will
further my goals of environmental preservation and
protection of human rights. I also intend to make the best
of my incarceration and utilize my education to help my
fellow prisoners with legal, educational and translation
issues.

"Your honor, I hope you can see that I have turned away
from a path of destruction a long time ago. I accept the
fact I will be imprisoned and will do in prison what I do
out here-try to make the lives of those around me better.
After all this is done, I hope to be released and continue
positive activism in my community once again and be a good
role model and uncle to my two nieces and a good husband to
my wife Jenny.

"I want to thank my family, friends and community for
standing with me through this very difficult time."

Judge Aiken said that this was a very interesting
sentencing in her court. She said that her impression of
Daniel is of two faces: the one face -- that if he doesn't
agree with something, he'll burn it down -- and the "Janus
face" -- "Poor me. I'm a victim. I'm in pain." She said, "I
Googled you at the noon hour. You're a cause celebre. I
can't help but notice that nowhere on your website does it
say what you plead guilty to. [*Daniel's plea agreement was
posted on the site within a day of the hearing.] I'm sure
your lawyers told you not to. It minimizes what you did; it
says you are being victimized by the government because you
will receive a greater sentence for not cooperating. You're
not some political prisoner for speaking out. You committed
arson. You destroyed peoples' property by fire. Based on
their views. You do nothing on your website to end support
of property destruction. You are not a poster child, you
are an arsonist. You wanted to have your cake and eat it,
too. You want to be a martyr or a hero... It is a choice to
have private counsel... you trumpeted your cause... no
remorse... no regret... I generally commend furthering
education, but here it seems to be further evidence of your
self-absorption... sister put finances on the line...
accepting money for your defense... while you should be
paying back your debt, you're getting your Master's... Why
wasn't your special assessment paid? I have gotten no
check. Other defendants are indigent because they are
feeding their families, but they do it... I've been doing
this job for 19 years... people try their very best to make
amends... why no money raised for restitution? You've
received enormous gifts from your community, but other than
today's apology, what have you given back to Oregon? What
about the employees of Jefferson Poplar? Destroyed...
immature... self-righteous... misguided young adults... Did
you talk to these victims? Get a grant? Get funded to make
a difference? Or did you just Google it? You know better.
You are not a typical defendant; your father is a police
officer, a public servant. You targeted public servants...
collateral damage... You were just afraid of getting
caught. I understand you've extended yourself, taken
positive actions. I commend it and I will consider it. I
find it ironic that you support victimized women, yet in
your communiqués you verbally victimize those with whom you
disagree. I wonder if you ever called scholars in the
Northwest about how to be effective and take positive
action. Like the professors who wrote letters to the court
on your behalf, most professors are incredibly generous
with their ideas. I've learned a lot in my years on the
bench... seen it all... it's called the human experience...
How do you choose to respond? I question whether your
newfound remorse is genuine. But you are not Block or
Zacher. [!] Decide to lead an authentic and genuine life...
take off the masks until the real Daniel McGowan is
revealed... be the change you truly want to be. Don't use
Gandhi just when it's convenient. I hope you'll go back to
your website and tell who you were, what you did. You may
not be as popular, but... change your website. Denounce,
renounce and condemn. If you really mean it, it shouldn't
be hard. To the young people, send the message that
violence doesn't work. If you want to make a difference,
have the courage to say how the life you lived was the life
of a coward... It is a tragedy to watch these extremely
talented and bright young people come in and do damage to
industries. It's not okay to put people in fear doing what
they need to do to survive. Take off the hoods,
sweatshirts, and masks and have a real dialogue."

Judge Aiken sentenced Daniel McGowan to 84 months (7 years)
in a federal detention facility, followed by three years of
supervised probation. She applied the terrorism enhancement
to the Jefferson Poplar Farm arson. She departed downward
of the lowest end of the government's recommended sentence
for the positive works Daniel is doing in the community.