For Immediate Release: May 14, 2007

Civil Rights Outreach Committee
Contacts:

Lauren Regan, Civil Liberties Defense Center, Eugene, OR, 541-687-9180
Alejandro Queral, NW Constitutional Rights 
Center, Portland, OR, 503-295-6400, 202-491-6204

Feds Seek to Impose Terrorism Sentences on Environmental Activists

Eugene, OR-On May 15, U.S. District Court Judge 
Ann Aiken will hear arguments as to whether 
federal “terrorism” sentencing enhancements 
should apply to 10 environmental activists who 
have accepted plea deals for crimes of property 
destruction. The hearing takes place in the 
Eugene Federal Courthouse at 405 E. 8th Ave. at 
10 am. A press conference by the defendants will be held at noon.

The crimes charged under the government’s 
“Operation Backfire” indictments involved damage 
to property, but no injury to any living being. 
Most of the crimes were arsons, for which the 
median sentence is normally 5 to 8 years. In the 
2006 plea deals, the government recommended 
sentences ranging from slightly over 3 years to 
nearly 18 years for various defendants. The 
terrorism enhancement, Section 3A1.4 of federal 
sentencing guidelines, could add up to 20 years 
to each of the sentences laid out in the plea 
agreements. Formal sentencing will take place 
starting May 22 through June 5 in Judge Aiken’s court.

In existing statutes and the majority of public 
opinion, terrorism is linked with purposeful 
violence aimed at injuring people.  While 
recognizing the seriousness of the crimes of 
arson in these cases, filings for the defendants 
argue that those facing these draconian sentences 
went to great lengths to ensure that no humans or 
animals suffered physical harm from their acts of 
sabotage. In all counts, the actions targeted 
property, not people. Some of the targets 
included slaughterhouses and holding facilities 
to round up wild horses intended as pet food, a 
ski development pushing into endangered lynx 
habitat, and a meat-butchering plant. Federal 
authorities now claim that these fires count as 
“terrorism,” under the pretext that such arsons 
were designed “to influence or retaliate against 
the government.” Attorney General Alberto 
Gonzales has even claimed that those arrested 
were “the country’s number one domestic terror threat.”

  “This is the first time in history of the U.S. 
that the federal government is seeking this 
enhancement for property crimes that did not 
result in injury or death to humans,” said 
attorney Lauren Regan, whose law office defends 
civil liberties of activists working for social 
change. “When everyone is a terrorist, no one is. 
The further we broaden the language of what a 
true terrorist is, the less security we really 
have. If a monkeywrencher is the same as Osama 
bin Laden, where is the distinction drawn?”

The USA PATRIOT Act broadened the application of 
terrorist enhancements, counter to the original 
intent, which applied to international terrorism 
resulting in bodily injury or death to humans, or 
threats to federal infrastructure like the power 
grid or waterways. Now criteria includes acts 
intended to influence the government. Besides 
increased sentences, the enhancements, if 
accepted by the court, could land the young 
defendants in maximum security prisons.

Attorneys for defendant Daniel McGowan said, “The 
terrorism enhancement is not merely a useful 
statistic for the Dept. of Justice in its ‘War on 
Terror,’ it is a label inscribed on the prisoner 
himself for the duration of his or her sentence… 
and beyond. It is an inscription uniquely associated with evil intent.”

A press packet with current related articles, 
background information, and a history of F.B.I. 
repression of political activism will be 
available at the event. Court filings are at www.cldc.org



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