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Are So-Called 'Eco-Terrorists' Falsely Prosecuted?

Posted: 09/16/10 06:00 PM ET

The Pennsylvania homeland security office is in the news this week, and receiving a heavy dose of well deserved scrutiny. It seems the office has been distributing anti-terrorism bulletins to state police and other public officials. The "terrorist activities" targeted by the bulletins have included such dire threats to public safety as anti-BP candlelight vigils, peaceful demonstrations by anti-war groups, gay and lesbian festivals, a screening of the documentary "Gasland," and an animal rights protest at a Montgomery County rodeo.

Governor Ed Rendell has apologized, but continues to support James Powers, his homeland security director. Powers, who authorized spending $125,000 of the state's money for the information contained in the bulletins, said his office is charged with preventing damage to critical infrastructure in the state. He did not explain exactly how protests against a local rodeo amounted to threats against critical infrastructure.

What is Powers' justification? What is he thinking? Could he be more concerned with monitoring political activities which he says "foment dissent" than with finding actual potential terrorists?

If so, he's not alone. More than a few public officials have been labeling as "terrorists" people whose beliefs and activities threaten the status quo. If Rosa Parks, Martin Luther King, Jr., or Mahatma Gandhi were alive today, would they find themselves prosecuted as terrorists?

Increasingly, corporations and politicians alike are labeling activists "eco-terrorists" and national security threats. It's like red- baiting, with a new green twist.

Consider, for example, the case of Eric McDavid. Barely 30- years-old, he is currently serving a nearly 20-year sentence as a convicted "terrorist."

Eric McDavid grew up in Orangevale, California, a middle class suburb northeast of Sacramento. An easy-going young man, he worked as a carpenter in order to attend Sierra College, where he studied philosophy and conflict resolution. He opposed the Iraq war, and as an expression of his commitment to be kind to animals, became a vegan.

His parents, who both stem from Midwestern farming families, raised Eric to respect the earth. They were bewildered when FBI agents showed up at the family home looking for their son. Eric, they told the agents, was not a troublemaker. Far from it, he was an affable peacemaker. When his younger sisters would fight, he would mediate.

When spiders were found in the house, he would take them, by hand, back to the garden. But Eric was in trouble. He had fallen in love with a young woman who said her name was Anna. He didn't know she was lying about her name, nor that she was only pretending to be an environmental activist. He didn't know that she was being paid by the FBI to be an informant.

Believing Anna was his soul mate and desperate for her affection, Eric followed her lead. When he talked about his grief and anger at the deterioration of the environment, Anna challenged him to act on his convictions. At the behest of the FBI, Anna presented Eric and his friends with bomb-making recipes. Funded by the FBI, she financed their transportation, food and housing.

At one point Erik sent her an email pouring out his feelings for her. In an interview with Elle magazine, Anna later described how the FBI responded when she showed the email to her handlers at the agency. "They said if he makes another advance, what you need to say to him in order to calm him, to mollify him, is that we need to put the mission first. There's time for romance later." As Anna continued to string Eric along, she encouraged him and the others to develop a plan and stick to it. According to the Sacramento News & Review, "Documents from the investigation show that whenever the group started to lose focus, or to have second thoughts, Anna badgered them about being all talk."

Trying to impress her, Eric went along. He did not know that her actions were, in the words of Will Potter, a leading authority on civil liberties post 9/11, "part of a deliberate, calculated and coordinated effort to infiltrate activist groups and land 'terrorism' convictions, even if it means breaking the rules and provoking criminal activity."

Anna spent a year and a half working with the FBI to entrap a man who had fallen in love with her. Finally, Eric and two others were arrested and charged with a single count of "conspiracy to damage and destroy property by fire and an explosive." Though no actual fire had ever been started, no explosive detonated, and no property damaged or destroyed, Eric was treated as a malevolent and dangerous terrorist. He was denied bail, despite having no prior criminal record and no history of violence. He spent almost two years pre-trial in solitary confinement.

How seriously the government took the case can be seen by who they brought in as lead prosecutor. R. Steven Lapham was no stranger to high profile terrorism cases. He had previously prosecuted the Unabomber, Ted Kacynski, and also members of a militia group who had conspired to blow up two large propane tanks in Elk Grove, California, in order to start the second American Revolution.

McDavid's attorney, Mark Reichel, defended his client by saying that he was a victim of entrapment. "There has never been a case in America," said Reichel, "that has involved this much entrapment, this much pushing by an informant... and by the FBI behind it."

But the jury was given false information about "Anna" and her role in the events that had taken place. After the trial, one of the jurors, Diane Bennett, issued a formal declaration to the court, complaining that she and the other jurors had been gravely misled:

"During deliberations, we asked the court to please clarify for the jury the issue of whether Anna was a government agent, and if so, when did she become one... The written answer was from the court and stated 'no' that she was not a government agent... Once the written response advised Anna was not a government agent, we then changed to a guilty verdict."

Eric McDavid was found guilty in September, 2007, and sentenced to 19 years and 7 months in prison, far longer than the average sentence given to violent child molesters and many murderers. The U.S. Attorney's office promptly issued a press release proudly trumpeting "Eco-Terrorist Given Nearly Twenty Years In Prison." The statement made no mention of the fact that an informant and provocateur had been involved. It mentioned, only briefly and in passing, a "confidential source."

Since 9/11, the U.S. government has prosecuted more than 20 "terrorism" cases involving environmental activists. In so doing, the government has redefined environmentally motivated property destruction, such as torching Hummers or destroying tree-felling equipment, as being tantamount to the murderous assaults of Al Qaeda.

Some of us may think the nation should turn its terror focus to Al Qaeda and the hunt for Osama bin Laden. Others, including experts at the Pentagon, are worried about the colossal national security threat posed by climate change. But apparently there are federal officials who for whatever reason consider the threat posed by "eco-terrorists" to be priority number one. This, even though no act of environmental protest, even those where property has been intentionally damaged, has ever resulted in a single human death.


John Robbins is the author of The New Good Life: Living Better Than Ever in an Age of Less. His other bestsellers include The Food Revolution and Diet For a New America. John is the recipient of the Rachel Carson Award, the Albert Schweitzer Humanitarian Award, the Peace Abbey's Courage of Conscience Award, and Green America's Lifetime Achievement Award. For more info about his work, or to sign up for his email list, visit johnrobbins.info

 
 
 

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HUFFPOST SUPER USER
cj5
12:09 PM on 10/31/2010
Federal enforcement is a joke. It's a bunch of bureaucratic do-nothings, that when there is a veritable threat to our national security, they completely miss it (or what some would define as purposefully overlooking it, for some political agenda), either way the fed enforcers are incompetent in protecting us from real terrorists, and this is evidenced in their failure to stop the 9/11 conspirators when they were right under their noses. When we have a government that wholly enables democratic capitalism, then you have to ask yourself, who will the Federal enforcers protect, and your answer is always going to be the capitalist institutions. This sentencing is just a show, the fed enforcers are expressing to their bureaucracy, "look we actually did something for national security." In reality it's all bloated lies, and false efforts to pursue some weakened form of justice. BP execs killed 11 men by ignoring safety rules, for the sake of saving money, and they still banter in courts, trying to save themselves from serving time in jail, yet Mr. McDavid goes to jail for trying to save the environment. Absurd. "Life is either a daring adventure or nothing. Security does not exist in nature, nor do the children of men as a whole experience it. Avoiding danger is no safer in the long run than exposure." - Helen Keller
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Pilatunes
Best described as miscellaneous
10:31 AM on 10/02/2010
BP is the biggest ecoterrorist I can think off and no one is being prosecuted.
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HUFFPOST BLOGGER
Tina Traster
01:02 PM on 09/20/2010
Imposing reality is very threatening to corporate interests. Recently, in articles regarding the egg recall, I noticed the "opposite" side were referred to as "food activisits."
Tina Traster
Author of Burb Appeal: The Collection

http://www.amazon.com/Burb-Appeal-Collection-Humorous-ebook/dp/B0042G0SZA
08:32 AM on 09/20/2010
MLK and Ghandi did not blow things up.
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HUFFPOST SUPER USER
Trackerinblue
Human Rights Activist
10:17 PM on 09/19/2010
Lest anyone forget, Ghandi WAS arrested and imprisoned several times and the FBI considered Martin Luther King, Jr. worthy of constant wiretapping and, now we learn, of an undercover agent in residence with him taking photos of him everywhere he went.
This particular case is extremely offensive to normal, rational people. Yes, the FBI trumps up cases to make their stats look good. They always have. What's a real shame, and should be a chargeable crime, is they are wasting taxppayer money on these farces while there are real terrorists out there to catch.
My heart goes out to this young man and his family for the tragedy they are suffering for the sake of a "terrorist" conviction.
02:34 PM on 09/22/2010
The allegation of "terrorism" is the new "communism" allegations that the US govt threw liberally (no pun intended) upon its opponents. Most terrorism allegations that are presented in the media are dropped when the trial comes through. The Washington Post did a study of this about 3-5 years ago. But the media rarely covers the end result and with much less fervor than the sensational allegations with full direction from the administrations. So, Americans believe that the threat of domestic terrorism is much larger than it actually is.
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09:26 AM on 09/19/2010
Am I understanding this right? The FBI is now manufacturing terrorist activity so they can claim they caught one? They are our Al Qaeda with the incredible hope they can stop what they start before someone actually does blow something up?
01:09 AM on 09/19/2010
Let alone eco-terrorists (and one who uses terror is a terrorist no matter what his purpose) we now have "eco-fascism" being tacitly promoted by environmentalists and some sections of the gullible media.
Their creed seems to be: “An ecocatastrophe is taking place on earth and discipline, prohibition, enforcement and oppression” are the only solution. Their political programme includes suspending democracy ending the freedom to procreate, abolishing fossil fuels, revoking all international trade agreements, banning air traffic, demolishing the suburbs, and reforesting parking lots.
http://ktwop.wordpress.com/2010/09/18/ecofascism-the-new-shameful-face-of-environmentalism/
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MJinCanada
Safe from zombies until my 2nd cup of coffee
01:44 AM on 09/19/2010
You know, you could read something reputable about sustainability instead of a lot of extremist garbage written by loopy climate change deniers about the loopiest environmentalists they can find. I recommend something like David Suzuki's "A Sacred Balance" or "More Good News."
02:15 AM on 09/19/2010
Sustainable energy is perfectly doable and is being done and I have worked with that for over 40 years. On a rational basis and without having to resort to faith or alarmism.
But I cannot accept extremism and fanatiscm of any kind. When nonsense is given space and tacit support by The Guardian - or by The Huffington Post - it becomes irresponsible.
11:03 AM on 09/19/2010
You also might try works by E.O. Wilson.
10:37 PM on 09/18/2010
"This, even though no act of environmental protest, even those where property has been intentionally damaged, has ever resulted in a single human death."

the author might want to restate or retract that last sentence. there have been environmental protesters who have klled. the unabomber for one. ole teddy had a hi-lited and dogeared copy of al gore's first enviro book. ted did all his work in the name of the environment.
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HUFFPOST SUPER USER
jeffneumanlee
11:23 PM on 09/18/2010
Hmmm. Somehow you have connected Ted K with Al Gore. That's unfounded. I don't understand your purpose except to create defamation where it doesn't exist, which amounts to lying.

Your dispute with the author is weird. So what.
05:25 PM on 09/20/2010
The Unabomber was not an environmental activist. He belonged to no environmental organization and was involved in no campaigns.

The man was a paranoid schizophrenic, a sad case, who remained untreated as he lived in his paranoia alone in a cabin in the Montana woods. This other guy who shot up the Discover offices was also not an environmentalist, he was just another mentally ill nutcase. For some reason, the government dissembles that these mentally ill people are environmentalists. They are not. They are mental and need to be medicated and/or institutionalized.

Environmental activists, the real ones, have never killed a human. Corporations on the other hand continue to kill outright and over time through increased cancer rates. Bhopal. Love Canal. Chernobyl. Dow Chemical. BP.
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HUFFPOST SUPER USER
Cmyst82
Nothng but the facts, willing to discuss opinions
10:06 PM on 09/18/2010
"Some of us may think the nation should turn its terror focus to Al Qaeda and the hunt for Osama bin Laden. Others, including experts at the Pentagon, are worried about the colossal national security threat posed by climate change. But apparently there are federal officials who for whatever reason consider the threat posed by "eco-terrorists" to be priority number one. This, even though no act of environmental protest, even those where property has been intentionally damaged, has ever resulted in a single human death."

Ted Kaczynski (the Unabomber) was an eco-terrorist responsible for 23 injuries and three deaths through letter-bombs. Were they not "acts of environmental protest"? That's certainly how Kaczynski intended them.
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MJinCanada
Safe from zombies until my 2nd cup of coffee
01:56 AM on 09/19/2010
Have you read Kaczinsky's manifesto? I skimmed it and it sounds more like a Tea Partier who could spell big words than any environmentalist I've encountered.
http://en.wikisource.org/wiki/Industrial_Society_and_Its_Future
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HUFFPOST BLOGGER
John Robbins
07:56 AM on 09/19/2010
Ted Kaczynski's reprehensible actions were not acts of environmental protest. The FBI used the handle "UNABOM" ("UNiversity and Airline BOMber") to refer to his case, which resulted in the media calling him the Unabomber. This was because the targets of his mail bombs were primarily Universities and Airlines. His protest was against civilization itself. A child prodigy, Kaczynski was a mathematical genius, who clearly became mentally ill. He had no association to the ELF or any other environmental group.
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HUFFPOST SUPER USER
SusanElizabeth1949
My micro-bio may be empty but my head isn't.
10:33 AM on 09/19/2010
Kaczynski is what is called a 'greenanarchist'.
09:43 PM on 09/18/2010
Neither Democrats nor Republicans will ever repeal the Patriot Act. It is too useful for getting, oh, anyone they want to get.
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HUFFPOST SUPER USER
Trackerinblue
Human Rights Activist
10:23 PM on 09/19/2010
Your response is much more succinct than mine, but same point. Bravo.
HUFFPOST SUPER USER
dbrett480
09:41 PM on 09/18/2010
Just because we may agree with parts of their agenda doesn't make them any less of a terrorist than anti-abortion and other domestic terrorist groups. They use violence in a misguided attempt to instill fear to try to force their version of change. There are many good environmental organizations that don't use methods that kill people. Let's support them instead of these terrorists.
HUFFPOST SUPER USER
UKVisitor
05:44 AM on 09/19/2010
Dbrett480. I agree. Violence is only justified if peaceful means have been exhausted, think Nelson Mandela. There is no excuse for using violence in a democracy.
11:05 AM on 09/19/2010
Assuming, of course, that the vote count is correct and information is not manipulated.
08:34 AM on 09/20/2010
Thank you, UKvisitor
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10:23 AM on 09/19/2010
This article is about people who use non-violent methods being labeled "eco-terrorists" and the FBI manufacturing terrorist activity, so who do you mean by "these terrorists"?
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HUFFPOST SUPER USER
SusanElizabeth1949
My micro-bio may be empty but my head isn't.
10:35 AM on 09/19/2010
I'm sorry, but planning to do bombings is NOT 'non violent'.
HUFFPOST SUPER USER
dbrett480
11:57 AM on 09/19/2010
McDavid has admitted to advocating violent protests, instructing other protesters on how to make Molotov cocktails, and expressing a desire to mur der a police officer. That doesn't sound non-violent to me.
HUFFPOST SUPER USER
WashingtonDCsucks
DC... Give them rope & they will try to hang you.
01:54 PM on 09/18/2010
How can justice be done when every American agency is just another bunch of criminal running their little "mobs", the cia is nothing but criminals working for the corporations under the pseudo official government umbrella. The fbi is just a bunch of bumbling cretins recruited for their gullibility at swallowing enormous lies and not choking on the hypocrisy of their puppet leaders lap dogging the corporations.
HUFFPOST SUPER USER
Christine Gallo
America, best democracy corporations can buy
12:58 PM on 09/18/2010
Well, technically we no longer have government in our lives...we have corporations in our lives.
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HUFFPOST SUPER USER
rivrgrrl
Our Constitution trumps your Bible.
12:39 AM on 09/20/2010
And you can bet it is also corporations behind these government entrapments.

Corporations are the ones concerned with ordinary citizens finding out their dirty, polluting, poisoning secrets and revealing them to the masses so they trump up threats about anyone who snoops into their business too much and sics the fbeye and fed prosecutors on them.

As usual, follow the money trail.
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Electrum 01
And the horse you rode in on.
11:55 AM on 09/18/2010
Add to this the tragic story of Julia Butterfly Hill an activist who was horribly maimed by a nail-bomb. The feds tried to say she did it to herself, when the evidence is overwhelming that it was done by lumber industry goons.

The reason that so-called "eco-terrorists" are such a high priority target is because they commit the capital sin of threatening capitalism. They interfere with the profitable exploitation of our dwindling natural resources. And God help those who stand in the way of enriching the rich and powerful.
12:27 PM on 09/18/2010
This is juvenile leftieness. I hope it will be sooner rather than later that you make the intellectual transition and start to appreciate that 'capitalism' has in fact underpinned a great deal of progress. It is shorthand for freedom and opportunity, after all.
01:23 PM on 09/18/2010
Do you call the destruction of forest and oceans progress?!!!!
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Electrum 01
And the horse you rode in on.
05:01 PM on 09/18/2010
If I make that intellectual transition, it will be a sad day. It will mean that my powers of observation and reason have declined considerably. Destroying our natural environment to make a buck isn't my idea of progress.
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HUFFPOST BLOGGER
John Robbins
01:35 PM on 09/18/2010
It was Judi Bari, not Julia Butterfly Hill, who was the victim of a bombing in 1990 in Oakland, California while organizing for that year's Redwood Summer logging protests. She was nearly killed when a powerful motion-triggered bomb exploded under her driver's seat, shattering her pelvis and leaving her disabled and in pain for the rest of her life.

Police and the FBI accused her of knowingly transporting the bomb, but no charges were ever filed in court due to lack of any evidence against her. Still moving forward in federal court is the lawsuit she filed in 1991 against the FBI and Oakland police. She sued them for trying to frame her as a terrorist in order to discredit her and Earth First! in the public's mind, for fabricating evidence, and for failing to even look for the real bombers.

Judi Bari was no ordinary person. After her death from cancer on March 2, 1997, the California State Senate adjourned in her honor March 3, at the request of Sen. Tom Hayden (Dem.-L.A.), Chair of the Senate Natural Resources Committee. "She was a wonderful inspiration to all of us and a steadfast champion of our natural heritage," Senator Hayden said. "She was instrumental in bringing the plight of the ancient redwood forests to national attention. We will sorely miss the energy she provided, but she has left a legacy of dedicated activists who will carry her banner flying high."
05:58 PM on 09/19/2010
Update on Judi Bari: was exonerated by a federal jury in 2002, 7 years after her death, when her landmark civil rights suit against the FBI and Oakland Police finally came to trial. A federal jury awarded her estate and co-plaintiff Darryl Cherney $4.4million in damages for violation of their First and Fourth Amendment rights.

Fully 80% of the damages were for attempting to frame Bari and Cherney, and by extension Earth First!, as violent terrorists in order to discredit them and destroy their First Amendment rights to speak out and organize in defense of the forests.

At the time of the bombing on May 24, 1990, Judi was the main spokesperson and organizer of Earth First! Redwood Summer, a broad mobilization of non-violent protests and actions against corporate liquidation logging in Northern California's famed redwood forests. By falsely arresting and accusing Bari (and Cherney) of beiing terrorists blown up by their own bomb, the authorities sought to destroy her credibility as a proponent of nonviolent protests.

They also allowed the real bomber to go free, and trial evidence showed the FBI and OPD never made a good-faith effort to investigate the evidence, including a multitude of death threats Bari had received from timber industry supporters, that she was targeted for her environmental activism.

For much more information visit http://www.judibari.org
06:12 PM on 09/19/2010
(Continued)

The FBI and OPD falsely arrested Bari and Cherney and their sensational accusations against them garnered national headlines and network TV news reports. The accusations continued for two months, with claims of incriminating evidence from Bari's and Cherney's homes. After seven weeks, the District Attorney finally said he would file no charges against the pair due to lack of evidence. No formal charges were ever filed against them in the bombing, but they had been convicted in the media, and the damage was done.

The immediate beneficiaries of the attempted frame-up and media smear campaign were three timber corporations logging the redwood forests: Pacific Lumber, Louisiana Pacific, and Georgia Pacific. They spent millions fighting a popular initiative, Proposition 130 on the November California ballot, that would have ended the logging of old-growth redwoods, banned clear-cutting, and ended industry control of the rule-making state Board of Forestry. Billions of dollars were at stake.

The timber industry took immediate advantage of the frame-up and media smear by falsely branding Prop. 130 as "The Earth First Amendment" and called it "too extreme" and supported by environmental extremists who were under investigation in bombings. This tactic worked for them, and the public voted down the initiative by a narrow margin. As a result, each of the three corporations made at least $2 billion from finishing their liquidation logging during the rest of the 1990s and into the 2000s.

See www.judibari.org for more information.
07:27 AM on 09/18/2010
RE: Are So Called Eco-Terrorists Falsely Prosecuted? Yes, McDavid IS being prosecuted falsely AND he is being bullied, by "ANNA," and then by "the system". Almost everyone bullies everyone else with their communication. Those who are the most sensitive to bullying, ( those who sense intuitively and instinctually that bullying is innately unjust and unfair,) prevent themselves, perhaps unconsciously, subconsciously, from contributing further to the bully problematic. Instead of bullying back, they internalize the bullying by believing they are weak, deserve the bullying due to lack of self esteem, due to an upbringing that emphasizes "original sin", etc. The bullying going on in the name of political correctness, bravely communicated by John Robbins in The Huffington Post, is justified with the ILLUSION that McDavid, and others like him, are threats to our safety and security. The biggest threat of all is that most of us have bought into the belief that money spent on detecting "plots" is the best way to deal with the root causes of symbolic, etc., violence. One way to stop symbolic violence and actual violence, is by stopping any bullying (even if it seems that the communication is,on its surface, seemingly harmless, an expected "civility") whenever it is attempted, through humor. For instance, I have experienced bullying my entire life, and I only just started to comprehend how to respond, ie, with humor, whenever I'm bullied. See link for examples of how to respond.
http://www.youtube.com/watch?v=XegltDJLUHo
http://www.powerplayradiorabtz.com