Dave Foreman and the First Green Scare Case

Dave Foreman and the First Green Scare Case

by | Nov 14, 2022 | ACTION, Property & Material Destruction, Repression at Home

Editor’s note: Any movement, if effective in challenging the status quo, is bound to face persecution from the state. The persecution may come in many forms, from defamation, to legal action, to outright murder. The twenty year long COINTELPRO program was run by the FBI to destabilize many movements including African-American, Native Americans and communist movements across the United States. A variety of methods was used to achieve the goal.

The Green Scare is the set of tactics used by FBI in the early twenty-first century to discredit and persecute the radical environmental movement. The following article discusses the Green Scare, putting it in context of the recent demise of Dave Foreman, a found of Earth First! and an early target of Green Scare.

By Jeffrey St. Clair – Joshua Frank/CounterPunch

Dave Foreman, whose vision spawned a radical wave of the US environmental movement, passed away this week at the age of 74 in Albuquerque, New Mexico. He was controversial, he was stubborn, but he wasn’t one to compromise the fight to save wilderness and open space. The following piece on Foreman’s foray with federal law enforcement first appeared in our book, The Big Heat: Earth on the Brink. – Jeffrey St. Clair & Joshua Frank

Dave Foreman, co-founder of Earth First!, awoke at five in the morning on May 30, 1989, to the sound of three FBI agents shouting his name in his Tucson, Arizona home. Foreman’s wife Nancy answered the door frantically and was shoved aside by brawny FBI agents as they raced toward their master bedroom where her husband was sound asleep, naked under the sheets, with plugs jammed in his ears to drown out the noise of their neighbor’s barking Doberman pincher. By the time Foreman came to, the agents were surrounding his bed in bulletproof vests wielding .357 Magnums.

He immediately thought of the murder of Fred Hampton in Chicago, expecting to be shot in cold blood. But as Foreman put it, “Being a nice, middle-class honky male, they can’t get away with that stuff quite as easily as they could with Fred, or with all the Native people on the Pine Ridge Reservation back in the early 70s.”

So instead of firing off a few rounds, they jerked a dazed Foreman from his slumber, let him pull on a pair of shorts, and hauled him outside where they threw him in the back of an unmarked vehicle. It took over six hours before Foreman even knew why he had been accosted by Federal agents.

Foreman’s arrest was the culmination of three years and two million tax dollars spent in an attempt to frame a few Earth First! activists for conspiring to damage government and private property. The FBI infiltrated Earth First! groups in several states with informants and undercover agent-provocateurs. Over 500 hours of tape recordings of meetings, events, and casual conversations had been amassed. Phones had been tapped and homes were broken into. The FBI was doing its best to intimidate radical environmentalists across the country, marking them as a potential threat to national security.

It was the FBI’s first case of Green Scare.

The day before Foreman was yanked from bed and lugged into the warm Arizona morning, two so-called co-conspirators, biologist Marc Baker and antinuclear activist Mark Davis were arrested by some 50 agents on horseback and on foot, with a helicopter hovering above as they stood at the base of a power line tower in the middle of desert country in Wenden, Arizona, 200 miles northwest of Foreman’s home. The next day Peg Millet, a self-described “redneck woman for wilderness,” was arrested at a nearby Planned Parenthood where she worked. Millet earlier evaded the FBI’s dragnet.

Driven to the site by an undercover FBI agent, the entire episode, as Foreman put it, was the agent’s conception. Foreman, described by the bureau as the guru and financier of the operation, was also pegged for having thought up the whole elaborate scheme, despite the fact that their evidence was thin.

Back in the 1970s, the FBI issued a memo to their field offices stating that when attempting to break up dissident groups, the most effective route was to forget about hard intelligence or facts. Simply make a few arrests and hold a public press conference. Charges could later be dropped. It didn’t matter; by the time the news hit the airwaves and was printed up in the local newspapers, the damage had already been done.

It was the FBI’s assertion that the action stopped by the arrests under that Arizona power line in late May 1989, was to be a test run for a much grander plot involving Davis, Baker, Millet, and the group’s leader, Dave Foreman. The FBI charged the four with the intent to damage electrical transmission lines that lead to the Rocky Flats nuclear weapons facility in Colorado.

“The big lie that the FBI pushed at their press conference the day after the arrests were that we were a bunch of terrorists conspiring to cut the power lines into the Palo Verde and Diablo Canyon nuclear facilities in order to cause a nuclear meltdown and threaten public health and safety,” explained Foreman.

In the late 1980s, the FBI launched operation THERMCON in response to an act of sabotage of the Arizona Snowbowl ski lift near Flagstaff, Arizona that occurred in October 1987, allegedly by Davis, Millet, and Baker. Acting under the quirky name, Evan Mecham Eco-Terrorist International Conspiracy (EMETIC) — the eco-saboteurs wrecked several of the company’s ski lifts, claiming that structures were cutting into areas of significant biological importance.

This was not the first act the group claimed responsibility for. A year prior EMETIC sent a letter declaring they inflicted damage at the Fairfield Snow Bowl near Flagstaff. The group’s letter also included a jovial threat to “chain the Fairfield CEO to a tree at the 10,000-foot level and feed him shrubs and roots until he understands the suicidal folly of treating the planet primarily as a tool for making money.”

The group used an acetylene torch to cut bolts from several of the lift’s support towers, making them inoperable. Upon receiving the letter, the Arizona ski resort was forced to shut down the lift in order to do repairs, which rang up to over $50,000.

But the big allegations heaved at these eco-saboteurs weren’t for dislodging a few bolts at a quaint ski resort in the heart of the Arizona mountains, or for inconveniencing a few ski bums from their daily excursions. No, the big charges were levied at the group for allegedly plotting to disrupt the functions of the Rocky Flats nuclear facility hundreds of miles away. Ironically, at the moment of their arrests, the FBI was simultaneously looking into public health concerns due to an illegal radioactive waste leak at the nuclear power site, which led Earth First! activist Mike Roselle to quip, “ [the FBI] would have discharged its duty better by assisting in a conspiracy to cut power to Rocky Flats, instead of trying to stop one.”

***

Gerry Spence climbed into his private jet in Jackson, Wyoming estate almost immediately upon hearing about the FBI arrest of Dave Foreman in Arizona. Spence had made a name for himself among environmental activists in the late-1970s for his case against energy company Kerr-McGee, when he provided legal services to the family of former employee Karen Silkwood, who died suspiciously after she charged the company with environmental abuses at one of their most productive nuclear facilities. Silkwood, who made plutonium pellets for nuclear reactors, had been assigned by her union to investigate health and safety concerns at a Kerr-McGee plant near Crescent, Oklahoma. In her monitoring of the facility, Silkwood found dozens of evident regulatory violations, including faulty respiratory equipment as well as many cases of workers being exposed to radioactive material.

Silkwood went public after her employer ignored her and her union’s concerns, even going as far as to testify to the Atomic Energy Commission (AEC) about the issues, claiming that regulations were sidestepped in an attempt to up the speed of production. She also claimed that workers had been mishandling nuclear fuel rods, but the company has covered up the incidences by falsifying inspection reports.

On the night of November 13, 1974, Silkwood left a union meeting in Crescent with documents in hand to drive to Oklahoma City where she was to meet and discuss Kerr-McGee’s alleged violations with a union official and two New York Times reporters. She never made it. Silkwood’s body was found the next day in the driver’s seat of her car on the side of the road, stuck in a culvert. She was pronounced dead on the scene and no documents were found in her vehicle.

An independent private investigation revealed that Silkwood was in full control of her car when it was struck from behind and forced off to the side of the road. According to the private investigators, the steering wheel of her car was bent in a manner that showed conclusively that Silkwood was prepared for the blow of the accident as it occurred. She had not been asleep at the wheel as investigators initially thought. The coroner concluded she had not died as a result of the accident, but possibly from suffocation.

No arrests or charges were ever made. Silkwood’s children and father filed a lawsuit against Kerr-McGee on behalf of her estate. Gerry Spence was their lead attorney. An autopsy of Silkwood’s body showed extremely high levels of plutonium contamination. Lawyers for Kerr-McGee argued first that the levels found were in the normal range. but after evidence was presented to the contrary, they were forced to argue that Silkwood had likely poisoned herself.

Spence had been victorious. Kerr-McGee’s defense was caught in a series of unavoidable contradictions. Silkwood’s body was laden with poison as a result of her work at the nuclear facility. In her death, Spence vindicated her well-documented claims. The initial jury verdict was for the company to pay $505,000 in damages and $10,000,000 in punitive damages. Kerr-McGee appealed and drastically reduced the jury’s verdict, but the initial ruling was later upheld by the Supreme Court. On the way to a retrial, the company agreed to pay $1.38 million to the Silkwood estate.

Gerry Spence was not cowed by the antics of the Kerr-McGee Corporation, and when he agreed to take on Dave Foreman’s case pro-bono, justice seemed to be on the horizon for Earth First! activists as well.

“Picture a little guy out there hacking at a dead steel pole, an inanimate object, with a blowtorch. He’s considered a criminal,” said Spence, explaining how he planned to steer the narrative of Foreman’s pending trial. “Now see the image of a beautiful, living, 400-year-old-tree, with an inanimate object hacking away at it. This non-living thing is corporate America, but the corporate executives are not considered criminals at all.”

Like so many of the FBI charges brought against radical activists throughout the years, the case against Dave Foreman was less exciting than the investigation that led up to his arrest. The bureau had done its best to make Foreman and Earth First! out to be the most threatening activists in America.

Spence was not impressed and in fact argued as much, stating the scope of the FBI’s operation THERMCON was “very similar to the procedures the FBI used during the 1960s against dissident groups.” Spence was right. Similar to the movement disruption exemplified by COINTELPRO against Martin Luther King Jr., the Black Panthers, and the American Indian Movement, the FBI’s crackdown on Earth First! in the late 1980s had many alarming parallels to the agency of old.

“Essentially what we need to understand is that the Federal Bureau of Investigation, which was formed during the Palmer Raids in 1921, was set up from the very beginning to inhibit internal political dissent. They rarely go after criminals. They’re thought police,” said Foreman of the FBI’s motives for targeting environmentalists. “Let’s face it, that’s what the whole government is. Foreman’s first law of government reads that the purpose of the state, and all its constituent elements, is the defense of an entrenched economic elite and philosophical orthodoxy. Thankfully, there’s a corollary to that law—they aren’t always very smart and competent in carrying out their plans.”

The man who was paid to infiltrate Earth First! under the guise of THERMCON was anything but competent. Special agent Michael A. Fain, stationed in the FBI’s Phoenix office, befriended Peg Millet and began attending Earth First! meetings in the area. Fain, who went by the alias, Mike Tait, posed as a Vietnam vet who dabbled in construction and gave up booze after his military service. On more than one occasion, while wearing a wire, Fain had tried to entice members of Earth First! in different acts of vandalism. They repeatedly refused.

During pre-trial evidence discovery, the defense was allowed to listen to hours of Fain’s wire-tapings, when they found that the not-so-careful agent inadvertently forgot to turn off his recorder. Fain, while having a conversation with two other agents at a Burger King after a brief meeting with Foreman, spoke about the status of his investigation, exclaiming, “I don’t really look for them to be doing a lot of hurting people… [Dave Foreman] isn’t really the guy we need to pop — I mean in terms of an actual perpetrator. This is the guy we need to pop to send a message. And that’s all we’re really doing… Uh-oh! We don’t need that on tape! Hoo boy!”

Here the FBI was publicly vilifying these Earth First!ers, while privately admitting that they posed no real threat. “[The agency is acting] as if [its] dealing with the most dangerous, violent terrorists that the country’s ever known,” explained Spence at the time. “And what we are really dealing with is ordinary, decent human beings who are trying to call the attention of America to the fact that the Earth is dying.”

The FBI’s rationale for targeting Foreman was purely political as he was one of the most prominent and well-spoken radical environmentalists of the time. Despite their claims that they were not directly targeting Earth First! or Foreman, and were instead investigating threats of sabotage of power lines that led to a nuclear power plant — their public indictment painted quite a different story.

“Mr. Foreman is the worst of the group,” Assistant U.S. Attorney Roger Dokken announced to the court. “He sneaks around in the background … I don’t like to use the analogy of a Mafia boss, but they never do anything either. They just sent their munchkins out to do it.”

But agent Michael Fain’s on-tape gaffes were simply too much for the prosecution to manage, and the case against Foreman, having been deferred almost seven years, was finally reduced in 1996 to a single misdemeanor and a meager $250 in fines. The $2 million the FBI wasted tracking Earth First! over the latter part of the 1980s had only been nominally successful. Yet the alleged ringleader was still free. Unfortunately, the FBI may have gotten exactly what they wanted all along. Dave Foreman later stepped down as spokesman to Earth First! and inherited quite a different role in the environmental movement — one of invisibility and near silence.

Peg Millet, Mark Davis, and Marc Baker were all sentenced separately in 1991 for their involvement in their group EMETIC’s acts of ecotage against the expansion of Arizona Snowbowl. Davis got 6 years and $19,821 in restitution. Millet only 3 years, with the same fine, while Baker only received 6 months and a $5,000 fine.

Little did these activists know that their capture and subsequent arraignments were only the beginning. THERMCON’s crackdown of Earth First! would prove to be a dry-run for the Federal Bureau of Investigations.

Jeffrey St. Clair is editor of CounterPunch. He can be reached at: sitka@comcast.net and trolled on Twitter @JSCCounterPunch. Joshua Frank is managing editor of CounterPunch. He can be reached at joshua@counterpunch.org. You can follow him on Twitter @joshua__frank.

Featured Image: by Robert J. Pleasants Papers, WWII 73, WWII Papers, Military Collection, State Archives of North Carolina, Raleigh, N.C.

Pipeline Sabotage in UK: Does It Help Our Movement?

Pipeline Sabotage in UK: Does It Help Our Movement?

by | Oct 24, 2022 | ACTION, Property & Material Destruction

Editor’s Note: The natural world is dying and time is running out. DGR believes it is necessary to take any action possible to stop the destruction of the natural world. We believe sabotage of key infrastructures are more effective than social movements to bring the industrial civilization (and its death drive) down. In these dire times, we are glad to see increasing adoption of and advocacy for eco-sabotage. Fear that these actions will lead to further hostility from the powerful against the environmental movement are baseless. The powerful (including in UK) are already hostile to the environmental movement and the natural world. Any impact on hostility from the powerful is minimal. However, when it comes to tactics and strategy, context matters. No tactic can be judged as “effective” or “ineffective” in isolation. Goals, assumptions and political circumstances must be considered before selecting methods. As such, we think target selection is critical in evaluating an act of ecosabotage. Pipelines that transport oil are an example of strategic target selection. Windows of organizations linked to fossil fuels are not. Smashing windows or other similar small-scale acts of minor eco-sabotage may be useful for training and propaganda but it does little to challenge the power structure. Minor acts of eco-sabotage may be useful in drawing attention to the issue, by giving media attention to the issue (which is not guaranteed). DGR advocates to move beyond social-political goals and into physical material ones: challenging the power structure that enables destruction of nature through strategic dismantling of global industrial infrastructures. DGR also follows security culture. We maintain a strict firewall between underground action and aboveground organizing. That’s why, as an aboveground organization, we do not engage in any forms of underground action, nor do we know about any underground actions except through information published elsewhere. This article was originally published on opendemocracy.net

By Jack McGovan/Open Democracy UK climate activist group Pipe Busters first broke into the construction site for the Southampton to London Pipeline (SLP) in June. Using an array of carefully selected tools, from bolt cutters to a circular saw, they damaged several sections of uninstalled pipeline and a construction vehicle. This wasn’t a random act: the pipeline’s main function is to supply Heathrow with aviation fuel. “Aviation is a planet killer,” said Pipe Busters in an emailed statement. “Pipe Busters act to halt the expansion of flying that the SLP would make possible.” https://twitter.com/StopTheSLP/status/1539609635002400771 In a year in which heat records were smashed across the globe, a new wave of climate activists seems to have simultaneously begun its own campaign of breaking things. During the summer, Just Stop Oil activists destroyed several petrol pumps on the M25, while This Is Not a Drill smeared black paint on buildings and smashed the windows of organisations linked to fossil fuels. The disruption has continued into the autumn. Last week, Just Stop Oil threw black paint on Altcourse prison in Liverpool, in protest at one of their number being held in custody. On Monday, This Is Not a Drill’s website reported that campaigners had broken the front windows of the Schlumberger Cambridge Research Centre at Cambridge University, to draw attention to the recent disastrous flooding in Pakistan. Outside the UK, the French arm of Extinction Rebellion made the news for filling golf course holes with cement. Another group, the Tyre Extinguishers, have started a crusade against SUVs in urban environments across a number of countries by deflating their tyres. Not that long ago, climate activism made the headlines for school children skipping class to protest, so these more radical tactics seem to mark a turning point.

Losing patience

“I’ve tried all the conventional main means of creating change – I’ve had meetings with my MP, I’ve signed petitions, I’ve participated in public consultations, I’ve organised and taken part in marches,” says Indigo Rumbelow, a Just Stop Oil activist. “The conventional ways of making change are done.” Marion Walker, spokesperson for the Tyre Extinguishers, added: “We want to live in towns and cities with clean air and safe streets. Politely asking and protesting for these things has failed. “The only thing we can do is make it impossible or extremely inconvenient to own [an SUV].” The need for urgent action on the climate is not in doubt. These campaigners are frustrated by what they see as a lack of meaningful steps taken by governments to stem the flow of carbon into the atmosphere. Despite the need to move away from fossil fuels, for instance, the UK government recently opened up a new licensing round for North Sea oil and gas. Andreas Malm, associate professor in human ecology at Lund University in Sweden, made the case for sabotage as a legitimate form of climate activism in his provocative 2021 book ‘How to Blow Up a Pipeline’ – and he seems to have inspired others to follow his lead. Deflating SUV tyres, for example, is something Malm writes about and says he has done in the past. But is breaking stuff – temporarily or otherwise – really an effective form of action for a movement trying to communicate on such a serious issue? “Coordinated, sustained social movements that do destroy property tend to be pretty effective over the long term,” says Benjamin Sovacool, professor in energy policy at Sussex University. Sovacool highlights three global movements – the abolition of slavery, the prohibition of alcohol and the civil rights movement – that used violence, including destroying property, to achieve their goals. “Some work in sociology even suggests that violent social movements are actually more effective than non-violent ones,” he adds. In his own paper, Sovacool cites research from the late 20th century that looked into US social movements, and found that American activists in the 1980s who were willing to use violence were able to reach their objectives more quickly than those who weren’t. He goes on to describe a number of actions that could fall under the umbrella of violence, from destroying property through to assassinations and bombings. Others refer to property destruction as “unarmed violence”, and research suggests movements that adopt this specific style of violent tactic are more successful than others. Movements highlighted as having used unarmed violence include the Chuquisaca Revolution in 1809, and the overthrowing of the military dictatorship in Argentina in 1983. But there isn’t a consensus. Other research looking at similar kinds of movements comes to a different conclusion, indicating that violent tactics are less successful in specific cases, such as those seeking regime change. For any kind of action to have an impact, though, it has to be noticed. German climate movement Letzte Generation, part of the international A22 network that includes Just Stop Oil, sabotaged a number of fuel pipelines across Germany this spring – more than 30 times in total, the group claims. “We asked ourselves, what can we do to really put pressure on the government to give us a reaction towards our demands?” says Lars Werner, who was involved in the action. “We did it publicly – it wasn’t an action that we wanted to hide from.” But despite their enormous logistical efforts, the media coverage was underwhelming. The corporations targeted didn’t react publicly, either. “The government could ignore what we were doing because there wasn’t much attention,” says Werner. Following the action, the group reverted to its old tactics of blocking roads.

Accountability or anonymity?

Indigo Rumbelow is keen to highlight the importance of accountability – showing names and faces – to Just Stop Oil’s activism. Other groups, such as the Tyre Extinguishers, prefer to remain anonymous. “We’re trying to change the narrative around fossil fuels,” says Rumbelow. “We’re not trying to materially stop fossil fuels – we don’t have enough people, resources or power for that. “But by having our face attached to the action and being able to explain, ‘I did this and I believe that I am right because it’s the only right thing to do’ – that’s how we’re going to change the political story,” she says. Choosing to remain anonymous, and not being accountable for your actions, can also be risky. “If you put a mask on, there’s the danger of labelling those people in masks as terrorists,” says Laurence Delina, assistant professor in environment and sustainability at the Hong Kong University of Science and Technology. He adds that this can be taken advantage of by others, such as fossil fuel interests, to demonise activists and undermine their message.

Indigenous communities

Those on the frontlines of resource extraction, however, don’t have the privilege of being able to decide whether they want to be accountable or not. Many Indigenous communities – such as the Wet’suwet’en, Pacheedaht, Ditidaht, Mapuche and Sioux peoples across the American continent – have used their bodies to obstruct pipelines, as well as logging and mining vehicles, that would otherwise destroy their lands. Some have resorted to arson to protect their way of life. Not only do these communities have fewer options; retaliation is usually more severe too, sometimes deadly. A Guardian investigation revealed in 2019 that Canadian police had discussed using lethal force against Wet’suwet’en activists blocking the construction of a gas pipeline. Last year, Global Witness reported that 277 land and environmental activists were murdered in 2020 for defending their land and the planet. Most of these incidents occurred in the Global South. Despite differences in opinion, there is a consensus among Malm, Walker and Rumbelow that sabotage, if used, would be most successful as part of a broader movement – that it is one tool in a wider arsenal, not the answer in itself. Delina thinks that sabotage is a legitimate tactic, but only in situations where all other avenues of action have been explored, emphasising that he thinks non-violent actions are preferable. Sovacool doesn’t advocate for sabotage, but agrees that a multiplicity of tactics is useful, and that it’s important for us to be able to talk about how successful sabotage has been in the past. “I think each person has to decide on their own threshold for action,” he says.

Featured image: Sabotage of a train in Copenhagen on March 27, 1945 by National Museum of Denmark via Picryl

Ecosaboteur Ruby Montoya Sentenced to 6 Years in Federal Prison

Ecosaboteur Ruby Montoya Sentenced to 6 Years in Federal Prison

by | Oct 3, 2022 | NEWS, Property & Material Destruction

Editor’s note: After months of aboveground organizing against the Dakota Access Pipeline (DAPL) Ruby Montoya and Jessica Reznicek conducted a campaign of underground sabotage to stop the pipeline in 2017. When their action received no media attention, they decided to go public to promote the seriousness of the cause. In a public statement, they claimed responsibility for their actions and consequently became subject to lawsuits, including criminal liability and terrorism charges. Jessica was sentenced to eight years in prison in 2021 and Ruby was recently sentenced to six years in prison. We understand and respect the risks that Jessica and Ruby took to protect what they love.

We find it disturbing that Ruby Montoya collaborated with the law enforcement agencies to put the blame against her co-defendant and other people for a lighter sentence on her part. This type of behavior harms the entire movement. Therefore before engaging in any form of environmental action, aboveground or underground, it is necessary to study security culture. Understand the risks associated with one’s actions and make a conscious decision of whether to engage in the action or not.

In order to follow the rules of security culture, as an aboveground organization, DGR does not engage in or have knowledge of any form of underground action. This increases the security and effectiveness of our movement as a whole. Though we do believe in using any means necessary to stop the ongoing ecocide. We also believe in a coordination between aboveground organizing and underground action. The Deep Green Resistance News Service exists to publicize and normalize the use of militant and underground tactics in the fight for justice and sustainability of the natural world.

By Ryan Fatica, Contributor September 26, 2022 / Unicorn Riot

Des Moines, IA – Ruby Montoya, admitted Dakota Access Pipeline ecosaboteur, stepped out of a car Wednesday morning in front of the federal courthouse in Des Moines, Iowa, and walked quietly into the building. Her dark hair was pulled back into a low bun and her long, teal skirt blew in the wind. Her attorney, Maria Borbón, walked behind her.

The atmosphere outside the courthouse that morning was mundane, lacking the usual fanfare of a high-profile political sentencing. No family, friends, or supporters were present for the two-day hearing, which brought to close a legal battle spanning almost exactly three years to the day. Montoya was ordered to spend the next 72 months of her life in federal prison—a sentence imposed for her fierce participation in the protest movement against the pipeline project, which at its height attracted tens of thousands to the icy plains of rural North Dakota.

Montoya was also ordered to pay over $3 million in restitution to Energy Transfer Partners (ETP), the multi-billion dollar fossil fuel transport corporation primarily responsible for the construction of the Dakota Access Pipeline, known as DAPL. She was ordered to pay the restitution jointly with her co-defendant Jessica Reznicek.

From her elevated platform, U.S. District Judge Rebecca Ebinger looked down on Montoya as she read aloud her sentence Thursday, stating in part that a long prison sentence was necessary to deter others from taking similar action. When the hearing was over, the judge nodded to the U.S. Marshals waiting in the back of the courtroom; they then approached Montoya and handcuffed her before leading her away.

It was a lonely end to Montoya’s yearslong journey from Mississippi Stand, the Iowa anti-pipeline encampment where she and Reznicek first met, to the most elaborate and successful campaign of sabotage to arise out of the No DAPL movement.

U.S. Marshals parked outside of the federal courthouse in Des Moines, Iowa during Ruby Montoya’s sentencing. After sentencing, the Marshals led her away in handcuffs. Photo by Ryan Fatica.

Between November 2016 and May 2017, Montoya and Reznicek attacked DAPL infrastructure in at least 10 locations, setting fire to construction equipment and using oxy-acetylene torches to cut holes in the pipeline’s steel walls. Prosecutors also alleged in court filings that two earlier acts of sabotage, for which the pair were not charged, matched the profile of their later actions.

According to the pipeline company, the attacks resulted not only in the $3,198,512.70 in damages Montoya and Reznicek were ordered to jointly pay in restitution, but cost ETP an additional $20 million in added security expenses as well.

In a dramatic press conference in July 2017, the two admitted to their direct action campaign before turning around and prying the letters off the sign in front of the Iowa Utilities Board Office of Consumer Advocacy, expressing no remorse for their actions. “If we have any regrets, it is that we did not act enough,”they wrote in a public statement at the time.

In June 2021, Reznicek was sentenced to eight years in prison, a term that included a domestic terrorism enhancement. Reznicek later appealed the enhancement, but it was upheld on June 6, 2022 by judges Ralph R. Erickson, David R. Stras, and Jonathan Kobes, on the Eighth U.S. Circuit Court of Appeals. (All three judges were appointed by former president Donald Trump.)

The course of Montoya’s three-year grind through the federal court system took many turns. She went through four attorneys and went from cooperating with her co-defendant to cooperating with law enforcement. During this legal process, she and Reznicek were labeled terrorists by the government, an highly political accusation that dramatically increased their possible prison sentences and created increased repression on environmental movements across the country.

A “Harmless” Terrorism Enhancement

In October 2017, less than three months after Montoya and Reznicek’s public confession, a group of 84 members of Congress wrote a letter to then-Attorney General Jeff Sessions, asking the Department of Justice to consider whether 18 U.S.C. 2331(5), the federal criminal code governing domestic terrorism charges, applied to acts of sabotage committed against the DAPL project.

The application of terrorism enhancements at sentencing can add a decade or more to a defendant’s sentence, and the decision to apply them is highly politically charged. According to the federal statute, crimes can be considered “domestic terrorism” if they “involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State” and are “calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct.”

ecosaboteur
Two security camera stills of one instance of sabotage to DAPL used as evidence in the prosecution against Montoya and Reznicek.

There is a longstanding precedent for terrorism enhancements being used against animal rights and environmental activists. According to a 2019 study by The Intercept, of the 70 federal prosecutions of animal and environmental activists they identified, the government sought terrorism enhancements in 20. Those cases include 12 of the defendants in Operation Backfire, the major FBI operation that targeted the Earth Liberation Front, also known as ELF.

However, it’s also notable when terrorism enhancements are not applied. As many have pointed out, participants in the January 6th Insurrection have not received terrorism enhancements, despite participating in a political attack on the heart of the U.S. government, an event which led to several deaths. Neither Dylan Roof, the white supremacist who murdered nine African Americans in 2015, nor James Fields, the neo-Nazi who intentionally drove his car into a crowd in Charlottesville, Virginia, killing Heather Heyer and injuring 35 others, received terrorism enhancements.

In Montoya’s case, Judge Ebinger calculated that according to federal sentencing guidelines Montoya’s sentence would have been 46-57 months without a terrorism enhancement. The terrorism enhancement elevated her sentencing range to 292-365 months—a possible sentence of 24 to 30 years in prison.

In November 2021, Reznicek appealed her case, arguing that the lower court had erred in applying the terrorism enhancement for several reasons. Reznicek’s actions, her attorneys argued, did not constitute terrorism in part because they did not primarily target government conduct. The pair’s public statements “decried perceived failures of the government but did not make express or implied threats and did not articulate any hoped-for effect of the offense on government conduct,” Reznicek’s attorneys wrote in the appeal. “The only purpose articulated in the statement was to ‘[get] this pipeline stopped,’” they continued.

The court of appeals upheld Reznicek’s conviction and the application of the terrorism enhancement, claiming that it was “harmless” because Judge Ebinger would have sentenced Reznicek to 96 months in prison regardless of the enhancement.

During Montoya’s sentencing hearing, the prosecutor seemed to anticipate the same arguments raised in Rezniceck’s appeal, arguing that Montoya’s actions were clearly intended as retaliation for the government’s approval of the DAPL project and to influence its decisions about the project’s future.

Maria Borbón, Montoya’s attorney, seemed ill-suited to the task of countering these arguments as well as many other arguments made by the prosecution during the two-day hearing. Her courtroom conduct frequently appeared to frustrate the judge, who repeatedly lectured her on procedural norms of federal court. When asked to speak, her comments were often off topic and occasionally incoherent.

Federal judges have discretion to deviate from sentencing calculations, and in Montoya’s case, Judge Ebinger explained that she decided to depart downward from the possible 24 years allowable under the guideline calculation. Her consideration included Montoya’s mental health and extensive history of childhood trauma, her good behavior on pretrial release, and her efforts to assist the government through four “proffer” interviews in 2021 (the contents of which remain sealed).

Violent Extremism Research Center Director Claims Iowa Catholic Workers Further “Terrorist Ideology”

At sentencing, the defense called Dr. Anne Speckhard, Director of the International Center for the Study of Violent Extremism (ICSVE), who claimed that Montoya had been manipulated by what she called the “terrorist ideology” of the Des Moines Catholic Worker and the environmental direct action movements she’d been a part of.

The Catholic Worker movement was founded in 1933 by anarchist journalist Dorothy Day and French-born Catholic social activist Peter Maurin. The movement, which is ongoing, focuses on redistributing wealth and resources through food pantries and shared housing, and uniting workers and intellectuals through educational discussions and joint activities.

While Speckhard testified in Montoya’s defense, claiming she had little to no responsibility for the actions she took while in a “dissociated state,” her testimony also insinuated that the actions taken by Montoya and Reznicek amounted to terrorism. She referred to the Des Moines Catholic Worker as “cult-like” and claimed that Montoya had been “recruited” and “elevated” by Reznicek who preyed upon her weakness.

Jessica Reznicek (L) and Ruby Montoya (R), as they participate in a vision quest led by Indigenous elders. Source: Ruby Montoya, Document 205, Supplement to Motion to Withdraw Guilty Plea, Exhibit 17, Filed November 24, 2021.

According to its website, ICSVE was founded in 2015 and works closely with both domestic government agencies like the Department of Homeland Security as well as military organizations like NATO.

ICSVE is one of several organizations and governmental bodies that promote an approach to domestic terrorism called “Countering Violent Extremism”(CVE). According to the nonpartisan think tank Brennan Center for Justice, CVE are a “destructive counterterrorism program” that is “bad policy.” The think tank also explains that CVE are “based on junk science, have proven to be ineffective, discriminatory, and divisive.” 

After the Department of Homeland Security and Department of Justice named Boston as a CVE pilot program site in 2014, the ACLU of Massachusetts “raised serious concerns about the civil rights, civil liberties, and public safety implications of adopting this unproven and seemingly discriminatory approach to law enforcement.” Unicorn Riot spoke with an ex-FBI agent, Mike German, from the Brennan Center about CVE in 2017.

CVE originated in the United Kingdom as Preventing Violent Extremism or Prevent, which “led to repeated instances of innocent people ensnared, monitored, and stigmatized,” including a nine-year-old boy who was “referred to authorities for ‘deprogramming’ purposes,” according to the ACLU of Massachusetts. In 2016, Unicorn Riot covered a CVE panel in Minneapolis hosted by the Young Muslim Collective, a panel about resisting surveillance in 2017, and another in Boston in January 2018.

“She was not the one who struck the matches” 

Since August 2021, activists and legal professionals have raised concerns that Montoya may have begun cooperating with law enforcement in an attempt to reduce her prison sentence by putting other activists at risk of prison instead.

In her August 2021 motion to withdraw her previous guilty plea, Montoya publicly cast blame on a slew of people and claimed she lacked the mens rea—the intention or knowledge of wrongdoing—to understand what she was doing. Montoya argued that her abusive father, her “coercive” co-defendant Reznicek, the Des Moines Catholic Worker, and possible undercover “government operative[s]” were each in part responsible for her actions.

In the months that followed, Montoya’s new attorney Daphne Silverman filed a series of sealed documents with the court, the contents of which are still unknown to the public. Filing sealed documents is a practice usually avoided by participants in political movements as it can raise suspicion within activist communities that a defendant may be attempting to cast blame elsewhere by informing on other activists.

Montoya and her attorneys have also continued to pursue the argument that some sort of government or private security operatives “influenced me” and “appear to be unlawfully pressuring me to engage in illegal acts,” as Montoya put it in a November 2021 affidavit to the court. The affidavit goes on to discuss three unnamed people Montoya says influenced her to use fire to damage construction equipment and even taught her how to weld.

According to Montoya, she and Reznicek traveled to Denver where the unnamed people taught them to use an oxy-acetylene torch and encouraged them to do so. “Inside Person 2’s house,” in Denver, Montoya wrote, “there were army training manuals of how to destroy infrastructure, and little else. They slept on sheepskin.” 

In Montoya and Reznicek’s previous public statements, the pair claimed that they acted in secret without the knowledge or involvement of other activists. “It’s insulting on some level,” Reznicek said in a 2017 joint interview with Montoya, “but it needs to be cleared up. Ruby and I acted solely alone. Nobody else was involved in any of these actions. I think it’s hard for people to believe ― ‘How could these two women pull this off so easily?’”

Montoya’s testimony is the only evidence on record suggesting that the individuals she claims taught her to weld actually exist. If, indeed, they do exist, it is unclear whether they are actually government operatives or activists who believe in using direct action against the fossil fuel industry.

At sentencing, the federal prosecutor spoke of these assertions as though they were ridiculous, calling them “conspiracy theories” and even sought to increase Montoya’s prison sentence as a result of her implicating the government in her actions.

The historical record reveals that government operatives and informants, especially those employed by the FBI, pressuring activists into property destruction and even providing them the means to do so may be a conspiracy, but is much more than a theory. The fairly recent cases of Eric McDavid, in which a government informant concocted and lured him into a bomb plot and the Cleveland 4, in which a paid FBI informant sold fake C4 explosives to a group of young Occupy activists while also providing them drugs and resources, clearly document this reality. The history of FBI surveillance and entrapment of Muslim communities is even more extensive.

At sentencing, Montoya’s fourth attorney, Maria Borbón, argued that the courtroom should be closed during sentencing, referring to the “sensitive nature” of some of the topics discussed. The judge denied her request, saying that the public record in this case had already been “oversealed” in a manner that is “contrary to the public interest.”

On the morning of the first day of sentencing, federal prosecutors filed an unsealed document containing a list of more than 80 exhibits they intended to use at the hearing that day. Most of the items on the list are public statements made by Montoya about her actions as well as assessments and images of the damage her and Reznicek caused to fossil fuel infrastructure. At the end of the list, as seen below, are five exhibits titled Transcript of Proffer Interview and Grand Jury Testimony dated from November 2020 to July 2021.

A list of exhibits used by the prosecution at sentencing includes five documents attesting to Montoya’s cooperation with law enforcement. Source: United States v. Reznicek, Document 324, Filed 9/21/22.

Although transcripts of these interviews remain sealed, their contents were briefly mentioned by the attorneys throughout the proceedings, including a claim by Montoya that at one point she threw away $5,000 in cash in an effort to stop Reznicek from continuing the sabotage campaign. This claim was part of a relentless attempt by Montoya and her attorneys to deflect blame for her actions onto her co-defendant and the Des Moines Catholic Worker House, especially its founder and de facto leader, former priest Frank Cordero.

“At no time did Ms. Montoya lead,” said Borbón. She claimed instead that Montoya’s actions were “directed by the household,” referring to the Des Moines Catholic Worker House. “She remained in the vehicle,” Borbón explained when arguing Montoya’s alleged lack of participation.

“She was not the one who struck the matches, she was not the one who put together the funds to continue the vandalism.”

Maria Borbón, Montoya’s attorney

However, according to the federal prosecutor, Montoya said in her proffer interview that she was the one who lit the match during their election night attack on construction equipment in Buena Vista County, Iowa. The prosecutor also said that in those interviews, Montoya says that she, not Reznicek, was the author of the pair’s 2017 public statement claiming responsibility for the attacks.

The government’s exhibit list also contains a listing for a document titled Grand Jury Testimony of 1-21-21- Under seal. It was not previously known to the public that Montoya had testified before a federal grand jury, and the reason it was convened remains shrouded in mystery.

“Misguided, wrong and lawless” 

In her closing statements, Judge Ebinger identified “three versions” of the events of 2016 and 2017, each as told by Montoya at different points in time. The first is the story she told during her public confession and in the pair’s public talk at the Iowa City Public Library in August 2017. In this version, the judge said, Montoya appeared as “an educated woman who speaks articulately” and “passionately” about the value of property destruction in furthering the aims of the environmental movement.

“I have a choice,” said Judge Ebinger as she quoted Montoya’s description of why she joined the No DAPL protests, “I knew I had to go there. And so I hit the road.” 

The second version is the story told by Montoya in the proffer interviews with the government, in which she knew the facts of each attack and could recite them in great detail to the willing ears of law enforcement. In this version, Montoya said that she had limited contact with Des Moines Catholic Worker Frank Cordero, hearing his thoughts mostly from Reznicek.

The third version is the story told by Montoya to her mental health providers, which they relayed in court during the sentencing. In this version, Montoya is a deeply traumatized and mentally ill person who was “coached” and “manipulated” into taking action by Cordero and Reznicek. According to Montoya’s care providers, she suffers from such severe post-traumatic stress disorder that she committed her crimes “in a fog” and in a “dreamlike” and “childlike state” of dissociation that she hardly remembers them.

The Montoya represented in the third version of her story is deeply sorry for her actions and it was this Montoya who addressed the court during allocution, the defendant’s formal statement prior to sentencing.

federal
U.S. Federal District Court, Des Moines, Iowa. Photo by Ryan Fatica.

“I am here to take responsibility for my actions,” Montoya told the court, “which were misguided, wrong and lawless.” Nonetheless, she said through tears, she was on a “journey of self-accountability” which included her attempts to “rectify” her actions through her “statements to the government and my grand jury testimony.”

Despite her pleas, it was primarily toward the Montoya represented in version number one that Judge Ebinger directed her sentence, saying that Montoya’s statements during “the conspiracy period” were entirely “inconsistent with someone who is in a fog or a dreamlike state.” The judge quoted repeatedly from Montoya’s public statements, arguing that she was cogent, articulate and proud of her actions.

Nonetheless, the judge said, “the court recognizes and credits the adverse childhood experiences” testified to by Montoya, her mental health providers, and several family members. “PTSD frequently rears its head in this courtroom,” Judge Ebinger said.

In recognition of these challenges, she recommended that the Bureau of Prisons designate Montoya to a facility in or close to Arizona and that she be allowed to participate in any available vocational trainings during her six years of life in a prison cell.

For more on DGR News Service coverage on the issue:

Sabotage In Defense of Mother Earth

Sabotage In Defense of Mother Earth

by | Aug 7, 2022 | ACTION

Editor’s note: Today we share an online fundraiser created by dissident author and journalist Christopher Ketcham. Ketchum is fundraising to meet with and complete his book about a Texas man who sabotaged electrical infrastructure across the American West “in defense of mother earth,” to use his own words.

We support strategic and moral acts of sabotage against industrial infrastructure that is destroying our planet, and look forward to reading Ketchum’s book when it is released.

By Christopher Ketchum / Kickstarter

What it means when you turn your rifle against techno-industrial civilization

Since 2016 I have been working on a book about a 62-year-old Texas man who was sentenced to 96 months in federal prison, charged with being an “ecoterrorist” for acts of industrial sabotage “in defense of mother earth,” as he put it.  He is now in the last months of his sentence, due to be released in August of 2022, a few weeks from now.  If I can raise the money, I’d like to be there when he gets out.

The idea is that we take a trip together upon his release to visit some of the places he sabotaged. For that I need your help: $1,000 is my fundraising goal.

My protagonist, who I will call Saboteur (his name will remain undisclosed for now), traveled the American West taking out various parts of our civilization’s fossil fuel infrastructure.  In the course of getting to know him – through letters, phone calls, and our many meetings in various jails and prisons since 2016 – I came to see his strange tortured tale of environmental vengeance as a vehicle for discussing the big questions that define our fraught moment.

For Saboteur, there was no doubt in his mind that the beauty of the world would be doomed by the continued march of technoindustrial civilization – a civilization addicted to technology, crazed in its obsession with material wealth, anthropocentric to the point of ecological insanity, totally dysfunctional in its relationship with the natural world.  “This is a crackhead,” Saboteur told me.  “The crackhead will keep on smoking until the last of the drug.”  Until the world, he said, is “turned to ash.”

He declared himself, by contrast, a “madly matriarchal, dirt worshipping, tree-hugging, godless feminist with a gun,” “a worshipper of Gaia.” “We have to destroy the existing order,” he is recorded saying on an FBI surveillance tape. “I have a political agenda to destroy industrial capitalism. I can shut down coal-fired power plants, costing millions of dollars, all by myself. God damn it! You really want me to tell you, or you wanna go see? I’m serious as a fuckin’ heart attack. And I’m willing to die for what I believe.”

In my book about him I seek to understand the psychological forces behind both the refusal to act and the turn toward violent disruption.  Why did Saboteur finally pick up his weapons?  What has inspired other ecosaboteurs?  Given the bleak future of a depauperate earth that business-as-usual promises, what shape does direct action take and how extreme should that action be?  In what circumstances is sabotage justified, if ever?   If Greta Thunberg’s “fairy tale of eternal economic growth” condemns future generations to apocalyptic suffering, what duty do we have to oppose that noxious and ultimately homicidal economic system?  What kind of sacrifice will that entail, now, today?   What are we willing to risk for the safety and security of the generations of tomorrow?

All subjects to be explored, questions to be answered, in my story about Saboteur.  Any help you can give to facilitate my book about him is most appreciated!

Letter to an Ecosaboteur

BY Christopher Ketchum / CounterPunch

Below is one in a series of letters to an ecosaboteur, declared by our government an  “ecoterrorist,” who is serving 96 months in federal prison.  In his most recent email, this individual, who I will call Saboteur, wrote: “Anatole France came close to the theme that Sartre was later to exploit: the tragic solitude of the thinker in a hostile community……….. Prison is the most hostile of all communities…”  The subject line of his email was “alone.”  He had written previously that he felt now, at the tail end of his sentence, that he was losing his mind.

His inspiration to act – he destroyed fossil fuel infrastructure – was his love of the natural world, wild places, wild flora and fauna.  My reply to Saboteur, who turned 62 this year, was an attempt to cheer him up:

I’m sorry I missed your last few calls.  I was out taking my 10-yr-old daughter backpacking.  And since she asks questions about you often enough (as I talk about you so often), I told her that you spent a good part (the best part?) of your 40s and 50s taking nieces and nephews into the wild with backpack, on foot and free and easy.  To assuage your loneliness, forthwith some random notes on my trip with Josie up Plateau Mountain in the Catskill range. 

Now the Catskills, mind you, is not a range at all, not orogenic, formed by tectonic folding of the earth’s crust, but is in fact an eroded plateau, an uplift dissected into pieces much like the Colorado Plateau has been dissected.  Except this violent erosive process was made gentle with the help of glaciers, the most significant of which was the Wisconsonan Glacier, which lasted 75,000 to roughly 11,000 years ago. This last glaciation rounded the edges of the high points of the plateau, carved rolling valleys and cirques, created shallow river corridors with fast run-off, and, where there might have been impossibly walled canyons in a plateau of the American West, fashioned instead narrow notches where the cols of the “peaks” gloomily come together.   The major peaks of the Catskills plateau ascend to a relatively uniform height, between 3500 and 4000 feet, and at a distance they have the table aspect of mesas.  What distinguishes them most clearly from the plateau country of the West is the rich rushing green: the deciduous oaks, beeches, birches, and the evergreen conifers, the Eastern white pine, balsam fir, spruce.

Plateau Mountain, as its name suggests, is the most canyon-country-like of these peaks. The climb to the top of Plateau is from a v-shaped col called Stony Clove Notch, also called the Devil’s Notch.  The trail from Stony Clove Notch rises nearly 2000 feet in the space of 1.3 miles.  A difficult climb — especially for a ten-year-old girl shouldering a 15-pound pack.   

It is of course as green as the ancient English mythic forests where the Green Man lives, he who peaks behind ferns in the woods, who might kill you, but is mostly loving.  A few years back, when she was six or maybe seven, Josie and I were planting seeds, building our vegetable garden, and I told her bedtime stories about the Green Man who leapt from the forest and could eat a fallen man, woman, or child who it saw as flesh to rejuvenate.  Human beings as compost.  Which we are.

There has been terrific heat over the last month in the lowlands around the Catskills: ninety degree highs, day after day of unbroken sun and blue sky, rarely seen here, probably a new weather regime of climate warming.  But in the higher reaches of the mountains this heat softens, takes on a delightful aspect, libertine and easeful, with silken zephyrs, and bringing, most importantly, the chance to travel in the backcountry with barely any weight.  A normal Catskills in summer is sunny for a minute, then rainy, foggy, dismal, doomy, blowing a gale, or still as death and full of bugs and humidity — and all these strange troubled faces of the mountains can show in the space of days.  Which means preparation and a lot of equipment.

Now that a hot calm clear-blue-eyed weather had stabilized, Josie and I traveled light on our ascent of Plateau Mountain, starting the climb late in the day, around 6 pm, with sunset not two and half hours away, and the long tail of twilight until 9:30 pm or a little later.

The trail was very steep.  We toiled and sweated.  Josie complained not one bit.  She rallied me to her side when I slowed.  The air was still.  The insects were quiet.  No brooks or streams or rills ran off the peak; we’ve had little rain lately, and the land is in the early stages of drought.  I worried about our water.  I had brought a gallon for the both of us, taken from the tap at home, and a water filter in case we found something running.  A few springs burble in wet years on the high Catskill peaks, but for the most part these are dry places.  We got thirsty.  Husbanded the water.  Lots of sweat and groans, the good and happy kind, as everywhere along the trail there were ledges and boulders and cobbles and minor difficulties galore.  I worried about the water, and I worried about the time — it was dusk now and we were hardly nearer the rim of the mountain (for Plateau is one of those “peaks” in the Catskills that really does form a mesa rim). 

At about 3,000 feet of elevation, relief: a breeze picked up, the satiny zephyrs of which I spoke.  We were both of us soaked in sweat, wet to the skin, wet down to our wool socks (for even in summer on the trail I’ve taught Josie to wear only wool socks).   The stirring air drove through our soaked clothes, acted with the effect of evaporative cooling, the same action of what they call a swamp cooler in the aridlands. 

Still we climbed.  The trail faced west and now there was a sunset of marvelous red-pink-purple immensity that we caught sight of through the rustling leaves of the silver birches and the paper birches.  Soon, the full dark, moonless, time for headlamps.  Josie was afraid.  Bears, she said.  I had a pistol strapped to me, and showed her the gun to allay her fears, clearing the chamber and handing it to her.  “Looks like a blaster!” she said, being a Star Wars fan.  She held and weighed it without judgment, as one might any other tool, and correctly did not place her finger in the trigger guard while doing so. 

For the most part you don’t need a gun out here, not for bears or anyone else.   Subjective risk and objective risk are two explicitly competing worlds – often comically at odds – and the subjective risk, Josie’s perception of it, was allayed a bit (meaninglessly) with the knowledge that ol’ backpacker dad carried a gun to deal with an almost non-existent objective risk.  I told her the greatest risk on this wondrous mountain was that we might happen on another Homo sapiens playing music on a portable IJoy Beachbomb sound system.  Blind and deaf hominids as they hike deep in wilderness need to get terribly lost and never be able to recharge their Beachbombs. 

We climbed and climbed, the trail narrowed now to the cone of light from our headlamps, the breeze blew stronger and warmer, all the living world on the steep mountainside shook and danced and hushed.  With our lamps we groped up the final stretch along a series of ledges, and at the top, where the wind blew fiercest, we looked for a place to lay our sleeping bags, found one in the duff of high country firs and pines, and hugged.  We hugged!  And did a little dance, celebration of finding a place to sleep that was so endearing, so lovely.  The perfume of the balsam fir filled the air.  Here was the revealed edge of the world, here was a small taste of immensity.    

Let it never be said, however, that such glory is because of conquest.  It is not glorious by the measures of the deranged creature called the Competitive Man, who keeps by his side the sick concubine Competitive Woman-who-Wants-to-Be-Man.  It is not glorious by the measure of some inane clown-mimicry of a climb up K2, Kilimanjaro, fastest ascent (fastest masturbation), fastest descent, etc. etc., ad absurdum.

The glory is when the mere walker in the woods, the animal Homo sapiens, is at the still point of the turning world: “Neither flesh nor fleshless; Neither from nor towards; at the still point, there the dance is, But neither arrest nor movement. And do not call it fixity, Where past and future are gathered….Except for the point, the still point.”

A small creature, a silly creature, a stupid and contemptible creature given the industrial culture he’s created, but also, free of that culture, a loving and sweet and gentle creature who needs only to find the still point.   

And on the rim of Plateau Mountain, two creatures, father and daughter, now lay down at their camp to sleep.  

Author’s Note: Since 2016 I have been working on a book about a 62-year-old Texas man who was sentenced to 96 months in federal prison, charged with being an “ecoterrorist” for acts of industrial sabotage “in defense of mother earth,” as he put it.  He is now in the last months of his sentence, due to be released in August of 2022, a few weeks from now.  If I can raise the money, I’d like to be there when he gets out.   The idea is that we take a trip together upon his release to visit some of the places he sabotaged. For that I need your help: $1,000.00 is my fundraising goal.

Christopher Ketcham writes at Christopherketcham.com and is seeking donations to his new journalism nonprofit, Denatured.  He can be reached at christopher.ketcham99@gmail.com.

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Prosecutors Seek Terrorism Enhancement for Eco-Saboteur

Prosecutors Seek Terrorism Enhancement for Eco-Saboteur

by | Aug 5, 2022 | NEWS, Property & Material Destruction

Editor’s note: From 2016-2017, Jessica Reznicek and Ruby Montoya conducted a campaign of sabotage against the Dakota Access Pipeline (known as DAPL). The saboteurs had previously participated in the aboveground movement at Standing Rock and Mississipi Stand, but when that proved largely ineffective, they turned to underground direct action.

At the end of June, Reznicek was sentenced to eight years in federal prison after a controversial “terrorism enhancement” — which hasn’t been applied to January 6 defendants or to hate-crime terrorists — was added to her sentence. If you want to write to Jessica in prison, we’ve included her info at the end of this post.

Now, Montoya’s case is moving towards sentencing. It appears she may be collaborating with authorities. If that is true, it’s disturbing. If you join a revolutionary movement, study security culture and gird yourself for what comes.

By Ryan Fatica / Unicorn Riot

Des Moines, IA – Federal prosecutors are seeking a sentence of 96 months in prison for Ruby Montoya, admitted Dakota Access Pipeline (DAPL) saboteur, which includes a ‘terrorism enhancement’ that could tack years onto her sentence.

In November 2016, on the night of the election of Donald Trump, Montoya and Jessica Reznicek, who had become convinced that an escalation of tactics was necessary, began their arson and sabotage spree. In a press release shared on July 24, 2017, the two admitted to their direct action campaign.

“After having explored and exhausted all avenues of process, including attending public commentary 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 deficiencies of our government to hear the people’s demands,” the pair wrote.

According to federal law (18 USC § 2332b(g)), a crime is considered an act of terrorism if it is “calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct,” and is a violation of a federal statute.

US Federal District Court, Des Moines, Iowa. Photo by Ryan Fatica.

“While stopping the DAPL may have been the immediate purpose of their unlawful conduct,” wrote Assistant United States Attorney Jason T. Griess in his memorandum to the court, “Reznicek and Montoya’s ultimate goal was to address ‘the broken federal government and the corporations they continue to protect.’ A federal government which they described as ‘more like a Nazi fascist Germany as each day passes.’”

Montoya’s sentencing has been delayed several times and a date for the hearing is not currently set. Meanwhile, Reznicek was sentenced to eight years in prison with a domestic terrorism enhancement on June 30, 2021. She appealed the enhancement, but it was upheld on June 6, 2022 by judges Ralph R. Erickson, David R. Stras, and Jonathan Kobes, on the Eighth U.S. Circuit Court of Appeals. (All three judges were appointed by former president Donald Trump.)

In recent pleadings to the court, Montoya has sought to withdraw her admission of guilt, admitting to the campaign of sabotage against the Dakota Access Pipeline, but claiming that she’d been coerced into doing it. Her co-defendant Jessica Reznicek, members of the Des Moines Catholic Worker Community, her father, her mental health, and even an undercover federal agent were all to blame for her conduct, according to Montoya.

According to an article in The Economist, by the fall of 2020, Montoya had “agreed to cooperate with the FBI.” Although the contents of her meetings with the FBI have not yet come to light, such meetings usually involve providing information on other activists in hopes of receiving a lighter sentence. Montoya still denies cooperating with the FBI.

Graffiti on electrical equipment in Boone County, Iowa next to a pipeline damaged by Ruby Montoya and Jessica Reznicek on March 18, 2017. Photo source: US Federal District Court, S.D. Iowa.

“She’s saying anything and everything to avoid going to jail and that’s a deflated position to be in,” said Frank Cordero, co-founder of the Des Moines Catholic Worker Community where Reznicek and Montoya lived during their sabotage campaign. “It’s just sad to see a person with such integrity and such hopes be destroyed like this. I pray for Ruby all the time.”

In a motion to the court last year, Montoya’s attorney, Daphne Silverman, pointed fingers at members of the Des Moines Catholic Worker, claiming that they had pressured Montoya into taking action against the pipeline.

“Ms. Montoya was then coerced by the activist community within the Catholic Worker Des Moines,” the motion reads. “This activist community offered the opportunity to engage in destruction but did not give Ms. Montoya the information and other tools she needed to evaluate what they requested.”

The allegation that other activists offered her the “opportunity” and “tools” to engage in crimes implies that members of the Des Moines Catholic Worker were aware of her ongoing sabotage campaign or had even encouraged or “requested” that she engage in it. Implicating others in serious federal crimes is a form of cooperation with law enforcement usually avoided by activists loyal to the movements they’re a part of.

Part of the Dakota Access Pipeline in Hedrick, Iowa cut with an acetylene torch by Ruby Montoya and Jessica Reznicek. Photo source: US Federal District Court, Southern District of Iowa.

Despite this breach of trust, Cordero said that for him, it’s the federal government and the pipeline companies that are to blame, not Montoya. “I feel sorry for her and I feel no resentment toward her,” Cordero explained.

“The real criminals are the ones running the government and creating the laws,” he said.

“The ‘justice system’ is hardly that,” Cordero continued. “The fear tactics that they use, piling charges on top of charges, that’s how the feds do it. Did you know that 95% of all criminal charges are pled? Rarely does anyone go to trial. The prosecutors lay on tons of charges and you are facing the possibility of never getting out of prison alive, so you plead. This is typical of how the justice system works.”

Cordero also pointed out that none of the actions claimed by Montoya and Reznicek caused harm to any living thing. “Jess is no terrorist, neither of these women did any violence,” said Cordero. “They did a great thing, trying to bring down an oil pipeline.”

Frank Cordero, right, is arrested at a direct action at the Iowa Air National Guard Drone Command Center on Armed Forces Day, 2018. Photo Source: Des Moines Catholic Worker Community.

In the sentencing memo to the court, the federal prosecutor performed the same sentencing guideline calculation that they’d performed for Reznicek prior to her sentencing. For Reznicek, the prosecutor sought a sentence of 180 months—15 years in federal prison—but sought only 96 months, or eight years, for Montoya “to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.”

Whatever information Montoya has provided to authorities, it appears that it may not result in a lighter sentence.

In January 2021, Montoya signed a plea agreement admitting to ten acts of sabotage committed between November 2016 and May 2017. In each case, Montoya and Reznicek admitted to either setting fire to construction equipment associated with the DAPL project or using an oxy-acetylene torch to cut holes in the pipeline itself at various locations along its route.

“We began in Mahaska County, IA, using oxy-acetylene cutting torches to pierce through exposed, empty steel valves, successfully delaying completion of the pipeline for weeks,” the pair wrote in a public statement in 2017. “After the success of this peaceful action, we began to use this tactic up and down the pipeline, throughout Iowa (and a part of South Dakota), moving from valve to valve until running out of supplies, and continuing to stop the completion of this project.”

Montoya’s new oppositional stance toward her co-defendant and former movement allies worried many involved in climate justice and related movements, as did her new attorney’s series of sealed motions in court.

eco-saboteur location of confession
The Iowa Utility Board Office of Consumer Advocate, where Reznicek and Montoya publicly admitted to their arson and sabotage campaign in 2017. Photo by Ryan Fatica.

Despite her attempts to cast blame on others and her claims that she was not capable of fully understanding the consequences of her actions, in June of this year, U.S. District Judge Rebecca Ebinger rejected Montoya’s motion to withdraw her guilty plea, stating that Montoya had failed to prove that she’d received ineffective legal representation. Judge Ebinger also cited Montoya’s statements under oath that she understood her plea agreement and was satisfied with her legal representation. (Ebinger was appointed by former president Barack Obama.)

“Montoya confirmed she was not pressured in any way to plead guilty,” Ebinger wrote in her nine-page ruling. “On this record, Montoya cannot demonstrate a fair and just reason to withdraw her guilty plea.”

The 1,172-mile-long Dakota Access Pipeline, which now stretches from the northwest corner of North Dakota to Patoka, Illinois, was heavily contested by Indigenous and environmental activists. Indigenous people and those fighting alongside them staged a yearlong direct action campaign in 2016 and 2017 in hopes of preventing the project’s completion.

Fierce battles with law enforcement and private security companies near the encampment on the Standing Rock Sioux Reservation in North Dakota involved thousands of people and gained national support, but were ultimately unable to stop the project’s completion. On June 14, 2017, a federal judge found that the Army Corps review of DAPL’s potential impacts to wildlife, hunting and fishing rights, and the environment did not fulfill their obligations under the National Environmental Protection Act (NEPA), yet the pipeline has remained operational.

In Montoya and Reznicek’s press release shared on July 24, 2017, they expressed how “the courts and public officials allowed these corporations to steal permissions from landowners and brutalize the land, water, and people.” They concluded that “the system is broken and it is up to us as individuals to take peaceful action and remedy it, and this we did, out of necessity.”

This prosecution unfolded in the Southern District of Iowa, which has played a key role in many probes of leftist groups since 2004, hundreds of pages of FBI records involving ‘domestic terrorism’ investigations obtained by FOIA showed. This included the 2004 and 2008 Republican National Conventions, a 2004-2007 Crimethinc investigation, and a 2009 grand jury in Davenport that held a Minneapolis resident without charges for four months.

Photo via YouTube screenshot.

Write to Jessica Reznicek:

Instructions:  All correspondence needs to be on white paper and white envelopes. Do not use stickers, return address labels, tape, or markers. You cannot send Jessica unused paper or stamps.

Be aware that prison authorities will read all mail. Don’t include any sensitive information and don’t ask Jessica questions about her case.

For more information look at the Waseca mail instructions.

Address:

Jessica Reznicek # 19293-030

FCI Waseca

PO Box 1731

Waseca, MN 56093

Deep Green Resistance conducted this interview with the pair shortly after they publicly admitted to the sabotage, but before they were arrested: