Eco-Terrorist or Water Protector? Jessica Reznicek Appeals Terrorism Charges

Eco-Terrorist or Water Protector? Jessica Reznicek Appeals Terrorism Charges

Oral arguments for a federal appeal in the high profile case of environmental activist Jessica Reznicek will be heard by the 8th circuit court of appeal on May 13. In a defining moment for the climate justice movement and for all civil rights, the court will decide whether or not to uphold a “domestic terrorist enhancement” that an Iowa court applied to Reznicek’s prison sentence. Reznicek is expected to argue that the terrorism enhancement was both illegally and unjustly applied.

In 2016, Jessica Reznicek took action to stop the construction of Dakota Access Pipeline by dismantling construction equipment and pipeline valves. In 2021 she was sentenced to 8 years in prison with a domestic terrorism enhancement.

Under normal conditions Jess would have been sentenced to 37 months, but the terrorism enhancement resulted in a sentence of 96 months. She was also ordered to pay $3.2 million in restitution to Energy Transfer corporation.

The appeal is supported by the Center for Constitutional Rights (CCR), National Lawyers Guild, Water Protectors Legal Collective, and the Climate Defense Project. “If Jessica Reznicek’s acts can be punished as terrorism,” says an amicus brief filed by CCR, “the United States will have moved so far past the international consensus as to be operating in a completely different realm.”

  • WHAT: Oral arguments for federal appeal, U.S.A. v. Jessica Reznicek. Case # 21-2548
  • WHO: United States Court of Appeals- 8th Circuit, DAPL activist Jessica Reznicek
  • WHEN: Friday, May 13 at 8:30 CST
  • WHERE: St Paul, Minnesota United States Court, Courtroom 5A. Closed to the public in person. Listen in by calling 1-888-363-4749 Code 4423562. Jessica Reznicek is 5th on the docket.

In 2017 Jessica Reznicek and a partner from the Catholic Worker Movement publicly claimed responsibility for acts of vandalism against the Dakota Access Pipeline. In February, 2021 she pled guilty to a single count of Conspiracy to Damage an Energy Facility. In June, 2021 an Iowa judge imposed a “terrorism enhancement” at the prosecution’s request and sentenced Reznicek to 8 years in prison with restitution of over $3 million to be paid to Energy Transfer LLC. No one was injured by Reznicek’s acts of civil disobedience.

Although federal courts have ruled the Dakota Access Pipeline was constructed illegally, excessive punishment for people like Jessica, who tried to stop it, is on the rise – and scrutiny is growing of fossil fuel industry influence in the process. Wrote Jessica in a 2021 statement to the court, “I am not a political person. I am certainly not a terrorist. I am simply a person who cares deeply about an extremely basic human right that is under threat: Water.”

To support Jess’s legal case, visit https://supportjessicareznicek.com/.


Photo: Occupy Des Moines – Day 113: Jess Reznicek Arrested, by Justin Norman. Attribution-NonCommercial-ShareAlike 2.0 Generic (CC BY-NC-SA 2.0.

Dakota Access Pipeline resister stands with integrity in face of long prison sentence

Dakota Access Pipeline resister stands with integrity in face of long prison sentence

Sentenced to eight years in prison for acts of sabotage, water protector Jessica Reznicek reflects on her faith-driven resistance.

By Cristina Yurena Zerr

This article was first published in the German newspaper taz, and has been translated and edited for Waging Nonviolence.

On June 28, the federal court in Des Moines, Iowa was silent and filled to capacity. Fifty people were there to witness the sentencing of 40-year old Jessica Reznicek, charged with “conspiracy to damage an energy production facility” and “malicious use of fire.” The prosecution, asking for an extended sentence, argued that Reznicek’s acts could be classified as domestic terrorism.

This was not the first time Reznicek had been on trial, but this time she was facing a prison sentence of up to 20 years.

Sitting across from her was U.S. District Court Judge Rebecca Goodgame Ebinger, the prosecutor and an FBI agent. Numerous police officers in bulletproof vests stood around the courtroom. The defendant was called upon to give her closing speech.

In her loud, clear voice, Reznicek told them about her strong connection to the water. In her childhood she regularly went to the river to swim and play. But that’s no longer possible, she said, because the two rivers that run through Des Moines — Iowa’s capital — are now poisoned by agrobusiness pesticides and waste.

It was for these very personal reasons that she decided to fight the construction of the Dakota Access Pipeline, Reznicek told those in attendance. At least eight leaks, she explained, had already occurred in 2017, with 20,983 gallons of crude oil leeching into soils and the waterways. “I was acting out of desperation,” she said, describing her motivations for sabotage.

“Indigenous tradition teaches us that water is life. Scripture teaches that in the beginning, God created the waters and the earth and that it was good.” With these words, she ended her closing argument. The prison sentence followed shortly thereafter: eight years in federal prison, three years of probation, and a restitution of $3,198,512.70 to the corporation Energy Transfer.

The Des Moines River (Cristina Yurena Zerr)

On July 24, 2017 — two years before sentencing — Jessica Reznicek can be seen in a shaky video with her activist partner Ruby Montoya, a former elementary school teacher who was 27 at the time. They stand in front of a group of journalists next to a busy street. The speech they give would drastically change their lives.

After several months of secretly sabotaging one of the country’s most controversial construction projects, the two women, whose paths would later part, went public. “We acted for our children because the world they inherit does not meet their needs. There are over five major bodies of water here in Iowa, and none of them are clean. After having explored and exhausted all avenues of process, including attending public hearings, gathering signatures for valid requests for environmental impact statements, participating in civil disobedience, hunger strikes, marches and rallies, boycotts and encampments, we saw the clear refusal of our government to hear the people’s demands.”

That’s why Reznicek and Montoya burned five machines at a pipeline construction site in Iowa on election night in November 2016. They would later change their methods, using a welding torch to dismantle the pipeline’s surface-mounted steel valves, delaying construction by weeks. “After the success of this peaceful action, we began to use this tactic up and down the pipeline, throughout Iowa,” the two women say.

But no media reported on their activities; the corporation cited other — false — reasons for the delay. When the activists noticed during an action that oil was already flowing in the pipes, they decided to go public, as they had to admit a kind of defeat.

The two women appear clear and determined on this day in the summer of 2017 as they take turns reciting their pre-written text. “If there are any regrets, it is that we did not act enough.” They end their speeches and are led away in handcuffs by three police officers.

Using the slogan “Mni wiconi,” meaning “Water is Life,” in the Lakota (Sioux) language, a broad movement was organized in 2016 against the construction of the Dakota Access Pipeline. The protest of the Standing Rock Sioux tribe garnered national and international attention.

The tribe sees the construction of the pipeline as a threat to their water supply because the pipeline runs under Lake Oahe, which is near the reservation. Other bodies of water are also at risk because the pipeline crosses under rivers and lakes in many places, which could contaminate the drinking water of many people in the event of an accident. In addition, ancient burial sites and sacred places of great cultural value would be threatened by the construction. Opponents of the pipeline speak of ecological racism — not only because Indigenous rights to self-government would be curtailed, but also because the construction of so-called Man Camps (temporary container cities for construction workers who move from other states) would lead to prostitution and an increase in violence against Indigenous women.

Their government — the Sioux Tribe is a sovereign nation — issued a resolution back in 2015 saying the pipeline “poses a serious risk to the very survival of our tribe and […] would destroy valuable cultural resources.” Construction would also break the Fort Laramie Treaty, which guarantees them the “undisturbed use and occupation” of reservation land. But their arguments went unheard by both the company and the government.

The operating company said the pipeline would not harm the environment, would not affect Indigenous rights and would not pose a threat to drinking water supplies. But the protest, which stretches across several states along the pipeline, has developed into one of the largest environmental movements in the United States. Native Americans from different nations and reservations are joining, along with landowners, environmental organizations and left-wing autonomous movements.

Reznicek first heard about the pipeline when she was released from prison six years ago, after serving a two-month stint for her protest against a U.S. military weapons contractor in Omaha, Nebraska. An organizer from Standing Rock had come to Des Moines to mobilize people for the protest. “I decided that I wanted to learn more about Indigenous ceremony, understanding that I am a white person, I cannot just go in and express my demands. And I also wanted to focus on stopping the Dakota Access Pipeline Project. So I drove up to Standing Rock.”

Political Prisoner Support for Ruby Montoya and Jessica Renzicek

Political Prisoner Support for Ruby Montoya and Jessica Renzicek

By Max Wilbert

On July 24th, 2017, Ruby Montoya and Jessica Renzicek made a public statement admitting that they had carried out multiple acts of sabotage against the then-under-construction Dakota Access Pipeline (DAPL) in Spring 2017 during the #NoDAPL #StandingRock movement. The two activists set fire to heavy machinery and used blow torches to damage the oil pipeline and valves in an effort to decisively halt the project.

While the Dakota Access Pipeline was ultimately completed, their actions singlehandedly delayed construction for months. Jessica and Ruby are calling on others to consider similar tactics in their struggles against pipelines and other destructive projects.

On June 30, Jessica was sentenced to eight years in prison. Now, Ruby is scheduled to appear in Federal Court to argue that Energy Transfer Partners lied and demonized her and Jessica to try and get them locked up as “eco-terrorists.” Her defense, if successful, could set important legal precedents for eco-activists around the country.

To do this, she needs financial help. Please donate here to support Ruby’s legal defense. Funding will go directly to her attorney, Daphne Silverman.

DONATE:
https://www.gofundme.com/f/nodapl-water-protector-ETP

RUBY MONTOYA SUPPORT WEBSITE:
https://justice4ruby.com/

JESSICA REZNICEK SUPPORT WEBSITE (Jessica is now a political prisoner and we encourage supporters to write letters to her):
https://supportjessicareznicek.com/

1st letter from political prisoner Jessica Reznicek

1st letter from political prisoner Jessica Reznicek

Free Jessica Reznicek
15m

BREAKING: As Joe Biden talks of being a climate leader at #COP26 in Glasgow we received our first letter & update from #JessicaReznicek for the people. Jessica is a climate / water protector political prisoner in the U.S. who was labeled a terrorist just months ago by the US government for her nonviolent action against #DAPL. She asked we share this with all of you!

By Jessica Reznicek

“10-29-21

Hello Dear Friends!

I am reaching back out to you to express gratitude for your love and support. These are without doubt difficult times, but your kindness helps to soften the blow. The human spirit certainly is resilient and with your prayers and friendship I am able to overcome obstacles much more gratefully.

A few updates in my world: Through the help of many supporters I am excited to say I have sent out my admissions form to the University of Colorado and in January plan to be enrolled in B.S. Sociology program.

I’ve been approved to volunteer at snow shoveling this coming winter. I’m so happy to very soon be getting outdoors more!

In 2 weeks I’ll be completing a tutoring program and will soon be tutoring my fellow inmates in GED classes, creative writing, empowering women courses and more. Great opportunity for me given so many obstacles.

I am making progress in being accepted into the PAWS program. I am currently being recommended to fill a position that will be opening in January. The new puppies will be arriving at the end of December.

As for hobbie I’m drawing a lot and learning to play the piano. Super peace-giving pastimes.

Anyway, I love you all. I truly do. I am human, so it would be dishonest to not share the other side of things. I’m battling depression and at times still in shock about where I am and for how long I’ll be here. One day at a time! Thank you again for your prayers and love, Peace, Jessica Reznicek”

—-

Please continue to share Jessica’s story as her appeal & petition move forward!

SIGN THE PETITION

“Water Protectors not Terrorists. Free Jessica Reznicek” T-Shirts

#FreeJessicaReznicek  #COP26Glasgow

Banner image: Tony Webster/Flickr (CC BY-SA 2.0)

UPDATE on Jessica Reznicek’s case! SIGN THE PETITION “Protecting Water is Never Terrorism: Repeal Terrorist Enhancement!”, and Free Jessica WEBSITE LAUNCH!

UPDATE on Jessica Reznicek’s case! SIGN THE PETITION “Protecting Water is Never Terrorism: Repeal Terrorist Enhancement!”, and Free Jessica WEBSITE LAUNCH!

Update from July 23, 2021

Contact: freejessicareznicek@gmail.com
Facebook: https://www.facebook.com/freejessrez
Website: Supportjessicareznicek.com
Featured image photo credit: Christina Yurena Zerr

Since sentencing Jessica has remained on house arrest at the Des Moines Catholic Worker, with her cat Noni who has offered constant comfort and solidarity. The United States Department of Justice has notified Jessica Reznicek that she is scheduled to report to Waseca, MN Federal Correctional Institution on Aug 11th at 2pm. Our hearts are filled with feelings of love and gratitude from all the requests to write letters of support to Jessica. Once she is in prison we will launch a letter writing campaign with all the information and directions on how to do so.

The 8th Circuit United States Court of Appeals has set a preliminary deadline of August 19th for an appeals brief to be filed. The appeal will be focusing on Judge Rebecca Goodgame Ebinger’s misuse of terrorism enhancements at Jessica’s sentencing.

Despite federal authorities use of ‘terrorism’ language to describe Reznicek’s actions, no person was harmed by her actions, nor was she technically convicted of any terrorism-related crime. In plain language, there are already laws on books to punish people for arson, and without the domestic terrorism enhancement Jessica would be looking at less than half of the 8 year sentence she has wrongfully received.

ADD YOUR NAME TO THE PETITION: https://actionnetwork.org/petitions/protecting-water-is-never-terrorism-repeal-jessica-rezniceks-terrorist-enhancement?source=direct_link&

In the meantime, Jessica remains upbeat and heart-strong as she is receiving enormous amounts of support, solidarity and love from folks around the globe. She is currently exploring ways to earn her bachelor degree while in prison through prison correspondence education programs. For more information on Jessica’s case and to continue to support Jessica visit our website: supportjessicareznicek.com

If you are on organization that would like to add your name to the petition or support team fill out this form: https://forms.gle/EVP17qvNmgp5AYRRA

Thank you for your support!

Love and solidarity,

Jessica and the Jessica Support Team


Update from August 11, 2021

Jessica Reznicek self surrenders for an unjust sentence: appeal and petition move forward.

Contact: freejessicareznicek@gmail.com

Waseca, MN– Today water protector Jessica Reznicek self-reported to the Waseca Federal Correctional Facility to begin serving her 8 year prison sentence for the actions she took to stop the Dakota Access Pipeline. Jessica spent the week leading up to her imprisonment emotionally preparing with her spiritual community. When asked how she felt she said:

“Today I feel sad to be saying my final goodbyes to loved ones. I am strengthened, however, knowing that I’m still standing with integrity during this very important moment in history, as there truly is no other place to be standing at a time like this.”

Jessica’s harsh sentence was the result of a domestic terrorism enhancement that federal prosecutors are increasingly using against water protectors and climate justice activists who endanger the fossil fuel industries profits. Jessica is still actively pursuing an appeal. Her lead attorney Bill Quigley gave an update: “The legal team is working hard on this appeal to challenge the length of the sentence and to reverse the terrorism enhancement. A number of environmental organizations have agreed to consider signing onto amicus or friend of the court briefs supporting Jessica. The deadline for filing briefs is currently August 19 but we expect that will be pushed back at least a month.”

Jessica and her support team are asking the public to sign this petition to take a stand against the criminalization of water protectors. So far over 5,600 have signed along over 50 organizations including Veterans for Peace, MN350, National Lawyers Guild, CODEPINK, Chesapeake Climate Action Network, About Face: Veterans Against the War, and Center for Protest Law and Litigation.

A statement from the support team read “It is important to highlight this moment. Only days ago the Intergovernmental Panel on Climate Change released their most dire report yet, calling it a code red for humanity. We’re in a moment when scientists, indigenous people, and global ecosystems sound the alarm, and over a dozen state governments in the US introduce critical infrastructure bills targeting pipeline protestors under the guise of “national security”. A moment when the sheriffs and police in Minnesota arrest over 600 people fighting to stop the Line 3 pipeline and charge 100 with the new critical infrastructure laws and dozens more with felonies. A moment when a federal judge orders Jessica Reznicek to pay 3.2 million in restitution to a fossil fuel corporation responsible for building a world that humans cannot survive in, a moment when, today, Jessica reports to prison to start an 8 year sentence labeled a terrorist by Joe Biden’s Department of Justice. What happens to Jessica, happens to all of us! In this moment we must unequivocally tell Joe Biden protecting water is never terrorism. Acting on clear directives from climate science with direct action is never terrorism. ”

When life on this planet is under attack, as Jessica says “there truly is no other place to be standing at a time like this.”

Add your name to the Petition:

https://actionnetwork.org/petitions/protecting-water-is-never-terrorism-repeal-jessica-rezniceks-terrorist-enhancement

For more information on Jessica’s case and to continue to support Jessica visit our website: supportjessicareznicek.com

If you are on organization that would like to add your name to the petition or support team fill out this form: https://forms.gle/EVP17qvNmgp5AYRRA

###