Scott DeMuth, a Minneapolis activist, has been indicted for conspiracy to violate the Animal Enterprise Terrorism Act, apparently in relation to a 2004 Animal Liberation Front raid at the University of Iowa. He faces up to 5 years in prison. His indictment marks a continued expansion of the scope of the new terrorism law, which has already been used to target activists who release mink from fur farms, and the AETA4, who are accused of protesting and chalking on public sidewalks.

The indictment comes after DeMuth and another local activist, Carrie Feldman, were found to be in contempt of court refusing to cooperate with a federal grand jury investigated that ALF burglary and vandalism. They were handcuffed and taken to jail for refusing to testify about their political beliefs and political associations.

I have written previously about Feldman’s refusal, and her statement to the grand jury (Activist to Iowa Grand Jury: “We will not be intimidated. We will not cooperate.”).

In a statement prepared prior to the grand jury hearing, DeMuth said:

“Grand juries can be very disempowering for us all, and especially for those targeted by them. We face questioning without legal counsel present or a right to remain silent. We can be threatened, coerced, and jailed. However, no punishment could be worse than surrendering our values. “

There has been some speculation about what, exactly, DeMuth’s conspiracy charges entail. Is the indictment for conspiracy to damage property? Or is it for conspiracy to instill a “reasonable fear”?

The truth: neither.

Bear with me for a moment. The indictment lists sections 43(a) and 43(b)(2) of the Animal Enterprise Terrorism Act, and says the conspiracy was to commit economic damage in the amount exceeding $10,000. Section 43(a) is simply the offense section. Section 43(b)(2) spells out penalties for damages exceeding $10,000. The indictment does not specify whether the charges are for violating
43(a)(2)(A) (damaging property) or 43(a)(2)(B) (instilling fear). Does that make sense? I know it’s a little tedious, but I think it’s important to clear up. (I just spoke with Matthew Strugar, who was quoted on Peter Young’s blog, and he agreed.)

Local press has been speculating. But regardless of what, specifically, DeMuth is charged with conspiring to do, one thing is clear: conspiracy charges have been used throughout U.S. history as a catch-all when prosecutors can’t get anything else to stick. That’s exactly what happened in the case of the SHAC 7, under the previous version of the Animal Enterprise Terrorism Act.

I have personally met both Scott DeMuth and Carrie Feldman, on multiple occasions. They were involved in organizing a Green Scare speaking event in Minneapolis. They are both incredibly kind, passionate, activists who are involved in a variety of local issues, including organizing public lectures and supporting the RNC 8. They are lawful, above-ground activists who have organized against the Green Scare. Now they, themselves, have become targets, and they need your support.

You can write letters to Carrie Feldman and Scott DeMuth, and email them to: davenportgrandjury@riseup.net. You can also donate to their legal support at http://davenportgrandjury.wordpress.com/

Related posts:

1. Grad Student Indicted on Terrorism Charges
2. Activist to Iowa Grand Jury: “We will not be intimidated. We will not cooperate.”
3. Scott Demuth Free Despite Emergency Government Motion Labeling Him an “Anarchist”

Carrie Feldman, a 20-year-old woman from Minneapolis, has been subpoenaed to a federal grand jury in Iowa in what appears to be yet another attempt to harass and intimidate political activists. She faces up to a year in jail if held in contempt for refusing to cooperate with the grand jury.

As you can see in Feldman’s grand jury subpoena, the government provides few details about what is actually being investigated. That’s no accident: grand juries, by design, are secretive and conducted outside of public scrutiny in a legal void where basic Fifth and First Amendment rights do not apply. [Here is a handy booklet on grand juries with much more information.] If activists refuse to participate in the political witch-hunt, they can face serious jail time. Jordan Halliday has done exactly that with a Utah Grand Jury, and he is facing federal criminal contempt charges.

There’s a very good chance the grand jury is investigating a 2004 Animal Liberation Front raid at the University of Iowa (video of the raid is embedded here), for a few reasons. It was a very high profile crime at the time, and both the university and the FBI have indicated it is a top priority. Also, at the preliminary hearing by the grand jury, a witness asked a question that Feldman says related to that investigation.

After that raid, the University of Iowa announced that its new, $11.2 million animal experimentation facility would be underground. As an anonymous activist wrote on the TwinCities Indymedia page:

“Like the torture of animals, grand juries, too, are only at their most effective when done as intended, in secret.”

If the new underground lab at the University of Iowa is intended to deter both legal and illegal animal rights activity, that’s not going to happen. When I sent around a news article about that on Twitter a while back, an aboveground activist responded in a way that I think reflects the mentality of many people in the animal rights and environmental movements: “They’re building their labs underground now? I guess we’ll just have to get shovels.”

And if this new grand jury is intended to harass and intimidate political activists… well, I think they picked the wrong activist and the wrong community to target. Carrie Feldman is active with EWOK (Earth Warriors are OK), which has been active on local Green Scare issues. She also works with the Coldsnap Legal Collective and the RNC 8 support committee, experience that is clearly reflected in her statement to the grand jury:

First of all, I would like to state, unequivocally and most certainly for the record, that I have no intention of testifying before this grand jury. Based on information from the prosecutor indicating that I may be a target of this investigation, I am invoking my Fifth Amendment right against self-incrimination. But beyond that, I am refusing to cooperate based on a sincere belief that to do so would run counter to my deeply held convictions and values.

Grand juries were originally created to prevent arbitrary indictments, but are now used as a tool of the prosecution to gather information. Grand juries undercut basic rights supposedly granted in the Constitution by denying access to counsel and coercing testimony. They are now, and have been for some time, used to investigate and intimidate those who would express dissent.

This is only effective when we are complicit, when we are frightened, when we are divided. Today my voice may waver, as I stand alone in this room. But I know I speak with the voice of every one of my friends, loved ones, and comrades when I say this: We will not be intimidated. We will not cooperate. I have nothing more to say to you.

• Carrie Feldman’s support website:
  http://supportcarrie.wordpress.com/

Related posts:

1. Minneapolis Activist Indicted for Conspiracy to Violate Animal Enterprise Terrorism Act
2. Jordan Halliday Faces Trial on Contempt Charges for Resisting Grand Jury
3. Grand Jury 101 From the Rockford Files

A Utah animal rights activist has been indicted by a federal grand jury on felony contempt charges for asserting his First and Fifth Amendment rights, and refusing to cooperate with the “animal rights terrorism” witch hunt. His trial is scheduled to begin on November 2.

The grand jury is investigating the release of thousands of mink from Utah ranches. Jordan Halliday has already served several months in jail for contempt of court for refusing to testify, and now the grand jury is going after him again.

Grand juries can compel people to testify without representation by an attorney. They are conducted in secret, and exist as a legal vacuum where First and Fifth Amendment rights can be deemed by a judge to no longer apply.

[Here's a "Grand Jury 101 from the Rockford Files."]

Halliday has a federal public defender in this case, but still needs to raise about $600 to pay his previous attorney; if you would like to make a donation, please visit his support website, www.SupportJordan.com.

Related posts:

1. FBI Admits Utah Grand Jury May Lead to ALF “Sympathy Attacks”
2. Grand Jury 101 From the Rockford Files
3. Activist to Iowa Grand Jury: “We will not be intimidated. We will not cooperate.”

A Utah animal rights activist, Jordan Halliday, has been jailed for refusing to testify before a grand jury about his political beliefs and political associations. But you know what, he’s in good company. Check out this clip of Jim Rockford in the Rockford Files as he is hauled before a grand jury and jailed for refusing to testify.

“I have not only been cited with contempt, I have been treated with contempt. And with a total disregard for my rights, guaranteed me under the Constitution. I have been guilty of nothing, except… with the ignorance that in a proeeding of law you could slander, and threaten and try to intimidate me with impunity…

“There is no such thing as a small injustice, there is no such thing as a minor abridgment of rights. That if even one citizen is so deprived, make no mistake, we all suffer.”

-Jim Rockford

Related posts:

1. Jordan Halliday Faces Trial on Contempt Charges for Resisting Grand Jury
2. FBI Admits Utah Grand Jury May Lead to ALF “Sympathy Attacks”
3. Activist to Iowa Grand Jury: “We will not be intimidated. We will not cooperate.”

Jordan Halliday, photo by Deseret News.

• Feds says Halliday is “making a mockery of the rule of law” as they use a draconian, secret court. Halliday was found in contempt of court for refusing to testify before a grand jury, a secret proceeding where witnesses are not allowed to have attorneys present. His attorney asserted Halliday’s First Amendment right to free association, and suggested that the government has used illegal surveillance tactics. It is the FBI and prosecutors, not Halliday, who are making a mockery of the law.
• Feds say they’re preventing crime, and admit they’re inspiring crime. Two animal rights activists were arrested as “terrorists” for allegedly raiding fur farms, and the Feds says this grand jury will bring additional criminals to justice. Yet the FBI is already warning of “sympathy attacks” by groups like the Animal Liberation Front. In other words, the FBI acknowledges that going after lawful, above-ground activists, and jailing them for refusing to participate in political witch hunts, will actually inspire more illegal activity. If FBI agents know that targeting above-ground activists leads to underground crimes, yet they continue to do so, it shows that the real target isn’t the ALF: it’s First Amendment activity.

When Halliday’s attorney was asked if jail time will change his decision to not cooperate, he replied: “I understand it’s not going to change anything. He’s adamant about his position.”

Write him:

Jordan Halliday #324013
c/o Salt Lake County Metro Jail
3415 S. 900 W.
Salt Lake City, UT 84119
USA

Related posts:

1. Jordan Halliday Faces Trial on Contempt Charges for Resisting Grand Jury
2. Grand Jury 101 From the Rockford Files
3. Activist to Iowa Grand Jury: “We will not be intimidated. We will not cooperate.”

Activists protest grand jury in Utah investigating the Animal Liberation Front.

When two animal rights activists were subpoenaed to a federal grand jury on February 18th, local organizers showed that the activists had public support, and that no one would be intimidated into remaining silent.

The grand jury was investigating the release of thousands of mink from two fur farms by the Animal Liberation Front. Just two week later, the FBI’s Joint Terrorism Task Force arrested two Utah animal rights activists, William Viehl and Alex Hall, in connection with the fur farm raids.

I wanted to draw your attention to this grand jury, because it’s an example of how the government uses the pretext of “investigating illegal activity” to harass and intimidate lawful activists. It’s also a great example of how people can organize in response to those tactics.

The activists subpoenaed weren’t been charged with any crimes. They were hauled before a grand jury and ordered to testify about their political beliefs and political associations, all without being permitted to have an attorney present. In these situations, if activists refuse to cooperate they face jail time. If they agree to cooperate, they aid the government’s fishing expedition and validate witch hunt tactics.

Grand juries have historically been used against social movements. They’re a tool to harass and intimidate activists, and foster fear and distrust among activist communities.

Grand juries are hella sketch.

“Although I do support it, I am not affiliated with it,” Halliday said.

Halliday said prosecutors were unhappy with his refusal to testify. He expects to be called before the grand jury again.

“I’m uncertain at this point,” he said. “It seems they were just fishing for information.”

What Halliday is describing is part of the FBI’s 5-Step Process to Criminalize First Amendment Activity as “Terrorism.” He’s not accused of being involved in the fur farm raid, but he openly unabashedly supports those tactics.

The government argues that grand juries exist to determine if there is enough evidence of a crime to pursue a criminal case. But grand juries almost always indict because only the prosecution presents its case, says University of Utah Associate Law Professor Daniel Medwed notes.

Sure enough, that’s exactly what happened. I actually had a version of this post set to be published on March 5th, but removed it because the grand jury indicted two activists just hours earlier. In the original version of the post, I wrote:

There’s something brewing in Utah, and if the recent arrests are any indication, it might be part of an Animal Enterprise Terrorism Act prosecution. But if the response of activist communities is any indication, the government is going to have a hell of a fight on its hands.

Check out these photos I received from outside of the courthouse. It’s inspiring to see the public support shown to these activists. Rather than stay at home and be afraid of scare-mongering tactics, local activists organized a demonstration and reached out to the media. [If you’re curious about the masks, check out “5 Reasons for Activists to Cover Their Faces at Protests”]

These activists didn’t go into the grand jury proceedings alone. They had a vocal community of people supporting them every step of the way.

What do you think should be done to show the two individuals facing “terrorism” charges the same support?

Related posts:

1. Jordan Halliday Faces Trial on Contempt Charges for Resisting Grand Jury
2. FBI Admits Utah Grand Jury May Lead to ALF “Sympathy Attacks”
3. Minneapolis Activist Indicted for Conspiracy to Violate Animal Enterprise Terrorism Act

A well-known author, speaker and artist in the radical environmental movement has become the target of another “Green Scare” grand jury witch hunt.

The grand jury is investigating six “eco-terrorism” cases in Pennsylvania. The actions by the Earth Liberation Front and Animal Liberation Front, in 2002 and 2003, caused about $1.5 million in damage, including the release of animals from fur farms and the burning of a construction crane.

Kevin Tucker is a green anarchist, or anarcho-primitivist, who has been very public about his views on industrial civilization and the destruction of the environment. He isn’t accused of committing these crimes. But he was hauled before a grand jury because the FBI says they believe he might have information about the saboteurs.

So, what’s the problem? These actions were clearly illegal. And the government is simply doing their job by investigating, right?

The problem is that grand juries are routinely used in political cases to force people to talk about their political beliefs and political associations. To that end, grand jury targets frequently include the most public and visible activists, those considered “leaders.”

Kevin Tucker fits that bill (here’s a profile of Tucker, “Wild Times Ahead”). He’s been public, visible, outspoken, and, to the government at least, controversial. He has spoken at events with authors John Zerzan and Derrick Jensen, and took part in Total Liberation Fest (a conference that was the subject of quite a bit of scare-mongering in 2004). For instance, Tucker wrote in Green Anarchy:

“The end of civilization is coming and I believe it will be in our lifetime. I can’t say how it will end, but things will get much worse before they get better. Those holding power now won’t go down without a fight… Our response must be fitting.”

Tucker appeared before the grand jury for about 20 minutes, and nobody–not the Feds, not the defense, not Tucker–will comment on what he said. All proceedings are secret. (Which is another way that grand juries are used to disrupt social movements: if someone appears before a grand jury, others are left to wonder what, if anything, was said, and who, if anyone, will be next. Appearing before a grand jury fosters distrust and speculation).

The use of grand juries to harass, intimidate and railroad people with controversial views isn’t unique to the environmental and animal rights movements. It’s a government tactic used, for instance, during the Red Scare as well. To give you an idea of just how secretive, and corrupt, grand juries can be in political cases, check out this Red Scare example.

Julius and Ethel Rosenberg were convicted of passing nuclear secrets to the Soviet Union, and they were executed for it in 1953. Now, it has come out that a key prosecution witness, Ethel’s younger brother, lied under pressure from prosecutors. He turned on his own sister in exchange for saving his own skin, and spending 10 years in prison. (Sound familiar?)

But get this: all these years later, he still wants this grand jury testimony to remain secret, and a judge ruled in his favor. As the BBC reports:

US District Judge Alvin Hellerstein said the public’s right to know was outweighed by the tradition of grand jury secrecy.

“He may be a scoundrel, he may be a hypocrite, he may be a liar,” Judge Hellerstein said. But he added, “It’s no easy task to compare the value of accountability with grand jury secrecy.”

UPDATE 9/15/08: Check out this Erie Times-News editorial on “eco-terrorism.” It seems that to the editors, the fact that Tucker was hauled before a grand jury is guilty by association….

Tucker, a writer and public speaker, calls himself a “rewilding human being.” His aim is to free the world from civilization and to return to a primitive existence. That’s his prerogative.

But it’s also our prerogative to remind the public that it’s a crime to set fires and destroy property for the sake of what the perpetrators think is a greater social good.

Those who commit these acts, under cover of night, are rightly called terrorists.

What do you think? Should Tucker have appeared before the grand jury? Post a comment…

Related posts:

1. Jordan Halliday Faces Trial on Contempt Charges for Resisting Grand Jury
2. Activist to Iowa Grand Jury: “We will not be intimidated. We will not cooperate.”
3. Grand Jury 101 From the Rockford Files

Eight years ago, the Earth Liberation Front claimed responsibility for sabotaging the U.S. Forest Service Facility in Rhinelander, Wisconsin, because the facility was performing genetic engineering research on trees. Underground activists “girdled” about 500 trees, removing a strip of bark, a few inches wide, around the circumference of the trees that caused them to die. Activists also used spray paint and etching cream to sabotage U.S. Forest Service vehicles.

Now, eight years later, the government has announced the indictment of three activists for the crimes. Aaron Ellringer, Katherine Christianson, and Bryan Rivera have been charged with destruction of government property and conspiracy. The indictment also names Ian Wallace (a government informant) and Daniel McGowan (one of the “Operation Backfire” defendants you’ve read about on this site). It also ominously names others “known and unknown to the grand jury.”

What stood out to me in the indictment is the language being used by the government, language that echoes “terrorism enhancement” provisions applied to McGowan and others in the Operation Backfire cases, language like “direct actions are acts of vandalism or arson designed to intimidate business, government, and the general civilian population into ceasing activities that individuals in these movements believe are harmful to the natural environment.” I wouldn’t be surprised in the least if the government is gunning for another “War on Terrorism” victory.

Details are still emerging about all of this, and I’ll be following up here, but there is one inspiring note. Daniel McGowan was recently subpoenaed to testify at a grand jury about this crime. He refused to testify, refused to help the government make an absurd “terrorism” case against other activists, and was placed in civil contempt. As a result, he lost “good time” toward his 7-year sentence. And now he’s at the “terrorist prison” in Terre Haute, Indiana, and will soon head to a special unit in the federal prison in Marion, Illinois.

It’s outrageous that, with all the issues facing the country, the government thinks its a priority to revive an eight-year-old case, months before it will expire, for activists that stripped bark off of trees and caused about $500,000 in damage. I feel safer now, don’t you?

As always, if you have been approached by law enforcement, please let us know at GreenIsTheNewRed.com and call the NLG Green Scare Hotline, 1-888-NLG-ECOL.

Related posts:

1. Activist to Iowa Grand Jury: “We will not be intimidated. We will not cooperate.”
2. Daniel McGowan: “Tales from Inside the U.S. Gitmo”
3. Jordan Halliday Faces Trial on Contempt Charges for Resisting Grand Jury

The last grand jury “eco-terrorism” witch hunt in the Midwest didn’t go too far; the Feds dropped it after it was clear that the two activists wouldn’t cooperate in any way. From SupportDaniel.org, it looks like the government may be at it again:

It’s 10 pm on the east coast and a few hours ago we finally heard from Daniel. He called from the Columbia County Jail in Portage, Wisconsin. Daniel was woken up at 4 am and on a plane en route from Oklahoma City to Chicago by 6 am. Daniel and his supporters presumed he was going to Marion, Illinois, but once he landed in Chicago, he was put in a van and driven to Madison, Wisconsin. From there he was driven to Portage. Along the way, Daniel asked if he was being transferred based on facing new charges, and the marshal flatly told him no. Daniel then asked if he was facing a Grand Jury subpoena. The marshal would not come right out and say yes, but he hinted at it and at one point said, “good guess.”

If Daniel is called before a grand jury, he will not testify and is concerned about being held in civil contempt and imprisoned at the Columbia County Jail, where the time he serves will not count against his 7 year sentence.

At this point, neither Daniel nor his attorney have received a subpoena or any other paperwork to indicate that he will be appearing before a grand jury, but it’s what he is preparing for and what folks would be best served to see as a possibility.

I’ll keep you all posted as this develops.

Until then, McGowan’s current address is:
Daniel McGowan
Columbia County Jail
403 Jackson Street
Portage, Wisconsin 53901

Related posts:

1. Activist to Iowa Grand Jury: “We will not be intimidated. We will not cooperate.”
2. FBI Admits Utah Grand Jury May Lead to ALF “Sympathy Attacks”
3. Jordan Halliday Faces Trial on Contempt Charges for Resisting Grand Jury

Through my reporting, I focus on how the “War on Terrorism” is being used to target environmental and animal advocates. But one thing I try to hit home again and again is that this “Green Scare” doesn’t exist in a vacuum. The attacks on environmental and animal advocates are strikingly similar to other eras of government repression, such as the communist witch hunts in the Red Scare and COINTELPRO-style surveillance in the 60s (and beyond). What’s happening to environmental and animal advocates now is not unique, historically, and it’s unfortunately not unique in a contemporary context either.

That’s disheartening, of course. It’s easy to think, “Well if this stuff has been going on for so long, and it’s still happening, what’s the point in trying to stop it?” But it’s a mistake to fall victim to that kind of thinking. In some ways, I see it is a bigger opportunity to do something positive, like building relationships with other social movements and other communities, learning from their experiences, and working together on shared visions.

That’s a long introduction to a feature on GreenIsTheNewRed.com called “Movement Watch.” I’ll highlight non-eco news, in the hopes of making connections between the “Green Scare” and what’s going on elsewhere.

First up: grand jury subpoenas for Puerto Rican activists.

The FBI/NYPD Anti-Terrorism Task Force has been visiting Puerto Ricans in New York City, and ordering them to appear before a Brooklyn grand jury. The grand jury is investigating a violent Puerto Rican pro-independence groups called the Macheteros.

From Juan Gonzalez at the NY Daily News:

In addition to the young Pabon, Tania Frontera, a graphic designer, and Christopher Torres, a social worker, have been subpoenaed.

Frontera and Torres were active several years ago in the successful movement to end the Navy’s use of the Puerto Rican island of Vieques as a bombing range, acquaintances say. Protests over the grand jury investigation are expected Friday here and in Puerto Rico.

Serrano fears the federal government is once again using grand juries and law enforcement surveillance to intimidate Puerto Ricans engaged in legitimate dissent.

Back in 2000, at the congressman’s request, former FBI Director Louis Freeh declassified and released thousands of internal agency documents about the FBI’s activities in Puerto Rico.

Those documents revealed a massive campaign by the agency to disrupt and persecute independence groups from the 1930s to the late 1970s. The surveillance even targeted longtime governor of Puerto Rico Luis Muñoz Marin.

According to BreakAllChains, in one recent case the FBI claimed to be investigating “the extremist group: The Welfare Poets.” The Welfare Poets is a collective of artists and activists.

The danger of grand juries is that they’re a legal black hole. The government can haul in activists, question them about their political beliefs and political associations, and throw them in jail if they refuse to cooperate. Even if activists walk in the grand jury room, but don’t answer questions, it still creates mistrust among other activists because grand jury deliberations are secret.

The government has been using grand juries to harass environmental and animal rights advocates for years. Recently, grand jury subpoenas for Tony Wong and Brandon Elder were dropped, apparently because prosecutors got the picture that the two weren’t going to cooperate in a political witch hunt.

Related posts:

1. Jordan Halliday Faces Trial on Contempt Charges for Resisting Grand Jury
2. Activist to Iowa Grand Jury: “We will not be intimidated. We will not cooperate.”
3. Grand Jury 101 From the Rockford Files