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Writers Articles And Opinions |
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22 July 2010 By Stephen Lendman
In May 2005, then FBI Deputy
Assistant Director for Counterterrorism, John Lewis,
told a Senate panel that ecoterrorism is "one of
today's most serious domestic terrorism threats," the
2001 USA Patriot Act creating the crime of "domestic
terrorism," broadening the definition to apply to US
citizens as well as aliens - henceforth, the Bureau
dividing the crime into two categories, international
and domestic, the latter changing dramatically in the
past decade.
Then FBI's Domestic Terrorism
Section Chief, James Jarboe, said two organizations
are principally responsible: the Earth Liberation
Front (ELF) and Animal Liberation Front (ALF),
committing over 600 criminal acts since 1996, causing
over $43 million in damage. Lewis cited over 1,100
acts since 1976, resulting in about $110 million in
damages, and on June 30, 2008, the FBI used the same
figure for over 2,000 crimes since 1979 - against
"international corporations, lumber companies, animal
testing facilities, genetic research firms," and other
companies harming the environment or animals, defining
the crime as follows:
"the use or threatened use of
violence of a criminal nature against innocent victims
or property by an environmentally-oriented,
subnational group for environmental-political reasons,
or aimed at an audience beyond the target, often of a
symbolic nature."
The FBI calls ELF and ALF
'loosely-organized movements whose adherents engage in
crimes like arson, fire bombings, vandalism,
intimidation, assaults, (and) stalking, etc."
On their web sites, ELF says its
"mission is to defend and protect the Earth for future
generations by means of direct action," nonviolent
civil disobedience it calls "the moral road," adhering
to Hippocrates' dictum, to "do no harm."
ALF defines animal rights as "the
philosophy of allowing nonhuman animals to have the
basic rights that all sentient beings desire: freedom
to live a natural life, free from human exploitation,
unnecessary pain and suffering, and premature death."
Direct action qualifies anyone
for membership. No formal organizational structure
exists.
Through surveillance, harassment,
and infiltration, the FBI pursues suspects, "taking
advantage of the 2006 revision to the Animal
Enterprise Terrorism Act (ACTA)," a law the Center for
Constitutional Rights calls:
"unconstitutionally vague and
overbroad in violation of the First and Fifth
Amendments....because it criminalizes protected speech
that causes an animal enterprise to lose profits or
goodwill, and (uses) undefined terms," requiring
guesswork to define their meaning and scope. "Neither
the AETA's overbreath nor its vagueness can be cured
by the statute's rules of construction." Only
rescinding the law can do it.
The Animal
Enterprise Terrorism Act (AETA)
On November 27, 2006, AETA
amended the 1992 Animal Enterprise Protection Act,
making it harsher by criminalizing First Amendment
activities advocating for animal rights, including
peaceful protests, leafleting, undercover
investigations, whistleblowing and boycotts.
The law exempts "lawful public,
governmental or business reaction to the disclosure of
information about an animal enterprise," applying it
only to economic disruption claims, not damage, and
makes it hard distinguishing between the two. It
also:
-- expands the kinds of
facilities covered to any using or selling animals or
animal products for profit, food or fiber production,
agriculture, education, research, or testing -
including zoos, aquariums, animal shelters, pet
stores, breeders, furriers, circuses, rodeos, other
competitive animal events, or any advancing
agricultural arts and scientific interests;
-- covers any person, entity or
organization connected to an animal enterprise;
-- applies to any form of
advocacy;
-- criminalizes threatening
conduct and protected speech as well as communication
with anyone engaging in these practices;
-- protects corporate animal
abusers with a vested interest in silencing dissent,
and
-- targets any form of civil
disobedience or protest activity, and designates
animal advocates as terrorists, even when they cause
no physical harm; in addition, the bill's language is
so broad and vague, it's hard knowing the difference
between legal and illegal behavior, making it easy to
target anyone for any reason, even if no harm was
done.
Other provisions make it a
federal crime to travel in interstate commerce or use
the mails to harass, intimidate, criminally trespass,
damage or, in any way, interfere with animal
enterprise operations, as well as potentially risk
bodily harm or death to anyone, or conspire to do so.
Green Scare
Defined
The term may first have been used
in 2002, referring to legal and extralegal government
actions against animal liberation and environmental
activists. The Spirit of Freedom support network
defines it as "tactics the government and (enforcement
agencies use) to attack ELF/ALF" activists and anyone
supporting them.
Will Potter's Green Is The New
Red.com (http://www.greenisthenewred.com/blog/) calls
it exploiting terrorism "to push a political and
corporate agenda," specifically "how animal rights and
environmental advocates are being branded
'eco-terrorists,' " for their socially responsible
civil disobedience in defense of animal rights and
environmental conservation and preservation.
Like the 1917 - 1920 and McCarthy
era Red Scares, "Green Scare (operates) on three
levels: legal, legislative, (and)
extra-legal....scare-mongering (to) instill fear,
chill dissent," and protect corporate profits, the
Department of Homeland Security (DHS) saying:
"Attacks against corporations by
animal rights extremists and eco-terrorists are costly
to the targeted company and, over time, can undermine
confidence in the economy."
A leaked State Department
presentation to corporations said:
"Although incidents related to
terrorism are most likely to make the front-page news,
animal rights extremism is what's most likely to
affect your day-to-day business operations."
Green Scare also refers to the
2005 arrests, indictments and convictions from the
FBI's Operation Backfire (OB) against environmental
and animal rights activists, charging them with
damaging property, conspiracy, arson, and using
destructive devices.
OB was the Agency's code name for
its ten-year domestic "war on terrorism," against
dissent. It resulted in 17 Pacific Northwest arson
indictments using flawed and suspect evidence from an
admitted heroin-addicted/ serial arsonist, culminating
in the largest ever roundup of alleged environmental
and animal rights activists, charged with various acts
of vandalism, some defendants testifying against
others for leniency, others striking plea bargains,
sentences ranging from three years, one month to 13
years with most defendants punished by Terrorism
Enhancements (TEs) - used when the DOJ decides a crime
aimed to influence or coerce government policy,
denying justice for political expediency.
Marie Mason -
One of Many Green Scare Political Prisoners
More information about her,
including current updates, can be accessed at:
http://freemarie.org/
A 48-year old mother of two, she
became activist as a writer, Earth First! organizer,
and free herbal healthcare collective volunteer. Also,
a Cincinnati, OH school extended care assistant where
FBI agents arrested her on March 10, 2008, charging
her with two charges of arson:
-- one in December 1999 at
Michigan State University's (MSU) Agriculture Hall
genetics laboratory, and the other
-- in January 2000, involving
logging equipment in Mesich, MI, both claimed by the
ELF.
Burning MSU's Agriculture Hall
"was a significant act," bound to bring recrimination,
former ELF press officer, Craig Rosebraugh, saying in
his memoir, "Burning Rage of a Dying Planet:"
"Not only was the damage quite
significant....but this was the first time arson had
been used to further the cause against genetic
engineering (GE) in the US. Furthermore, it was the
first time the ELF had taken credit for any GE-related
action."
Dispelling predictable media
distortion, ELF said Washington and agribusiness
giants like Monsanto funded MSU's research, using it
to contaminate farmland with GMO crops, known to harm
humans and animals that consume them.
"A long-time environmental,
animal rights and social justice organizer, Mason had
previously experienced government repression when
(anti-)ELF actions occurred in her community," making
her vulnerable to future criminalization for her
outspokenness against destructive genetic engineering
and forestry practices.
Mason's
Sentencing
A February 5, 2009 DOJ press
release headlined, "Michigan State University
Eco-Terrorist Sentenced in Arson Case," saying:
Chief US District Court Judge
Paul L. Maloney sentenced Mason to 21 years, 10 months
in federal prison for the twin arsons (the longest
Green Scare sentence), and "ordered (her) to pay over
$4 million in restitution to MSU and to victims of
other similar acts of arson in Eastern Michigan and
Southern Indiana in which she participated between
1999 and 2003."
After completing her sentence,
she was also ordered to remain "on supervised release
for life....," the DOJ saying she "and her criminal
associates had sought to destroy or disrupt federally
funded research that was being conducted into genetic
modification of crops for the purpose of feeding Third
World populations."
In fact, they and Western ones
are fed these foods unwittingly, vast amounts of US
acreage alone contaminated with corn, soy and other
GMO crops, unsafe and unfit to eat, removing them is a
humanitarian act deserving praise, not prosecution.
Mason (#04672-061) is at:
FCI Waseca
Federal Correctional Institution
PO Box 1731
Waseca, MN 56093
An update follows below about her
solitary confinement, before which she described her
prison life, saying:
"We are awakened at 6:00am by
lights and loudspeakers to get ready for work at 7:00
or 7:30am jobs. My job doesn't start until 10am
scrubbing pots and pans in the kitchen."
"Still, I have to be up, bed made
military style, and present for census count. I
usually shower, dress for work in my green part ranger
uniform....and write or read or do laundry until my
work call."
It's "physically hard (water's
boiling, soap and steel wool rip up fingernails and
fingers), pots are huge and heavy and hundreds of pans
to carry, clean, and carry again. My crew is a three
or four woman team....and we work using English and
Spanish...."
"After work, I go to the
recreation center and try to do two miles a day or
more of brisk walking on the fenced-in track and bike
three miles."
She was also able to "socialize,
watch a movie, read, or do hobby crafts." After 10PM,
lights go out, "but we're allowed to play cards, talk,
or watch TV until 11:30pm in the television rooms."
On weekends, they could sleep
until 7AM and wear sweats all day. She said her
relationship with other prisoners was friendly, doing
a lot for others who reciprocate. Most know why she's
there. "Generally, they think it's a bum rap that I
got so much time."
Mason in
Solitary Confinement, Denied Vegan Meals
Being a vegan, Mason's had
trouble receiving a proper diet as prison authorities
aren't accommodative. Until recently, however, she got
by with commissary privileges, beans and rice, and
around the edges with a baked potato, non-dairy salad
dressings, and other occasional vegan foods, though
selections had been thin - now denied according to an
April 13, 2010 letter to friends and supporters,
saying:
"Marie's requests for an adequate
vegan died are still being denied by (prison)
officials....despite the Federal Bureau of Prisons
having a policy ensuring (one) for inmates."
It asked supporters to write
letters to the Bureau of Prisons director and regional
head, asking them to have her facility follow policy.
On July 7, her web site
headlined, "Marie is being held in Solitary
Confinement! Please send letters of support," saying:
According to her family, Mason's
been in solitary confinement since July 1, in a small,
windowless cell, allowed outside in a small cage less
than an hour daily. Though able to receive letters
from friends, family and supporters, she's denied
outside contact and email privileges, permited one
phone call a week, and has no access to the commissary
or her property.
No further information explains
why or for how long, except she's been reclassified,
perhaps before transfer to harsher confinement,
possibly at one of two federal prison Communication
Management Units (CMUs), primarily for (bogusly
designated "high-security risk") Muslims in a
demeaning, unpleasant environment in which inmates get
fewer rights than general population prisoners, with
regard to:
-- food quality, amount, and
items conforming to a strict Muslim or vegan diet;
-- medical care, especially in
emergencies;
-- outside contact, including
email and mail privileges; and
-- whatever rules prison
authorities impose for any reason, whether or not
conforming to Bureau of Prison standards.
Updates on Mason's status and
treatment will be posted on her web site.
A Final
Comment
On July 13, the Civil Liberties
Defense Center reported that the San Jose, CA US
District Court threw out the the AETA prosecution of
four animal rights activists, the so-called AETA 4 -
Joseph Buddenberg, Maryam Khajavi, Nathan Pope and
Adriana Stumpo, accused of "animal enterprise
terrorism" for picketing and distributing leaflets
about animal experimenters, constitutionally protected
speech under the First Amendment.
The court dismissed the
indictment for failing to explain the alleged crimes
"with sufficient specificity to meet the requirements
of the Fifth Amendment (and) Fed. R. Crim.P. 7(c)(1)."
The motion was granted "without prejudice," meaning
prosecutors may re-indict with an amended bill of
particulars, more clearly presenting the charges.
However, the decision is "a victory for activists
everywhere!"
Stephen Lendman lives in
Chicago and can be reached at lendmanstephen@sbcglobal.net.
Also visit his blog site at sjlendman.blogspot.com and
listen to cutting-edge discussions with distinguished
guests on the Progressive Radio News Hour on the
Progressive Radio Network Thursdays at 10AM US Central
time and Saturdays and Sundays at noon. All programs
are archived for easy listening.
http://www.progressiveradionetwork.com/the-progressive-news-hour/.
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