Ecosabotage: A Heroic Action Against Ecocide

Ecosabotage: A Heroic Action Against Ecocide

by | May 22, 2023 | ANALYSIS, Property & Material Destruction

Editor’s Note: The mainstream environmental movement has failed to save the natural world. A baby step in the right direction has been counterbalanced by a giant leap against Earth. DGR has been speaking up for sabotage of key infrastructures for the past decade. Now, more and more individuals and groups are waking up to the asymmetrical nature of our struggles and to the necessity to use any means that we can. The following piece from Truthout argues that ecosabotage of gas and oil pipelines has become a heroic action to save the planet.

By David Klein/Truthout

The environmental movement has offered waves of demonstrations, petition drives, lobbying and other forms of protest. Yet, despite all that, Earth and its inhabitants are losing the war waged against us by capitalism. It follows that a reevaluation of strategy and tactics of the environmental movement is in order, including a closer examination of how nonviolence should be understood and practiced.

Consider first the current trajectory of global greenhouse gas emissions. Concentrations of carbon dioxide, methane and nitrous oxide, the three main greenhouse gases, continue to rise setting new records each year. Earth’s atmosphere now has carbon concentrations not encountered since 15 million years ago, about the time our ancestors became recognizably hominoid.

Alas, more is on the way. According to the International Monetary Fund: “Globally, fossil fuel subsidies were $5.9 trillion in 2020 or about 6.8 percent of GDP and are expected to rise to 7.4 percent of GDP in 2025.” Moreover, global direct subsidies nearly doubled in 2021, and to facilitate fossil fuel transport, more than 24,000 kilometers of new oil pipelines are under development around the world.

While it is true that renewable energy systems are also expanding worldwide at a rapid pace, solar panels, wind turbines and the like neither help nor harm the climate. What matters for the climate are greenhouse gas concentrations, and, as noted above, those are on the rise. By its very nature, capitalism expands in all profitable directions, and fossil fuels continue to be profitable.

In this context, we need to ask ourselves whether the destruction of planet-killing machinery is necessarily an act of violence. The answer should be no, because it prevents violence against nature. But, as a whole, the environmental movement’s dedication to the strict avoidance of property destruction is extreme in comparison to virtually all other social justice movements.

As Andreas Malm ironically writes about the movement in his book, How to Blow Up a Pipeline “admittedly, violence occurred in the struggle against slavery, against male monopoly on the vote, against British and other colonial occupations, against apartheid, against the poll tax, but the struggle against fossil fuels is of a wholly different character and will succeed only on the condition of utter peacefulness.” Has nonviolence, even against the machinery of planetary ecocide, devolved from a tactic to a fetish?

The Example of Jessica Reznicek and Ruby Montoya

Consider the case of Jessica Reznicek and Ruby Montoya. In the summer of 2016, Jessica Reznicek, then a 35-year-old spiritual activist following the tradition of the Catholic Worker and the Plowshares movements, and Ruby Montoya, a 27-year-old former preschool teacher and Catholic Worker, carried out multiple acts of sabotage against pipelines and machinery used in the construction of the Dakota Access Pipeline at Standing Rock.

During the night Donald Trump was elected president, the two women trespassed onto the construction site of Energy Transfer, the conglomerate of companies behind the pipeline, and burned down five pieces of heavy machinery. Thereafter they learned how to use welding torches to destroy valves on steel pipes, and during the year 2017 managed to sabotage pipelines up and down the state of Iowa. They also successfully continued their arson attacks against the heavy machinery used in the construction of the pipeline. Both took great care to make sure that no people were ever harmed by their actions, and their campaign of sabotage was not precipitous. In a press release just after their arrests in 2017, Reznicek and Montoya wrote:

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.

Instead, the courts and public officials allowed these corporations to steal permissions from landowners and brutalize the land, water, and people. Our conclusion is 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…

If there are any regrets, it is that we did not act enough.

Please support and stand with us in this journey because we all need this pipeline stopped.

Water is Life, oil is death.

Both women had previously locked themselves to backhoes and had been arrested several times for nonviolent civil disobedience, but with little impact. By way of contrast, the organization Stop Fossil Fuels described Reznicek and Montoya’s eco-sabotage as “1000 times more efficient than the above ground campaigns,” resulting in a two-month delay of the pipeline completion, from their solo actions alone. Their destruction of heavy machinery and steel pipes was impressively effective, but their protection of Earth’s biosphere came at a high cost.

Following one of the most aggressive prosecutions of environmentalists in U.S. history, Reznicek and Montoya each faced a maximum of 110 years in prison. After accepting plea agreements, Reznicek expected to get four years, but Judge Rebecca Ebinger added a terrorism enhancement to her sentence which doubled her time in prison to eight years. Subsequently, Montoya was given a terrorism enhancement by the same judge resulting in a sentence of six years. Each has been ordered to pay $3.2 million in restitution.

The severity of the sentences given to Reznicek and Montoya may be contrasted with sentences meted out to January 6, 2021, attackers of the U.S. Capitol. During the January 6 attack, defendant David Judd launched a lit object into a tunnel full of police and others in order to clear a path so that the mob could stop the transfer of power from Trump to Joe Biden. The judge, Trevor McFadden, sentenced Judd to 32 months, barely over a third of what prosecutors had requested, and declined to add a terrorism enhancement requested by prosecutors.

Another January 6 attacker, Guy Reffitt, was shown in court to have “carried a firearm, was a member of a right wing militia group and threatened a witness afterward.” The Judge, Dabney Freidrich, rejected a terrorism enhancement and sentenced Reffitt to 7.25 years, less time than Reznicek’s sentence.

Based on the decisions of the three federal judges involved in these cases, one may conclude that the U.S. legal system considers defending Earth in the manner of the Plowshares Movement as terrorism, whereas attempting to overthrow the U.S. government via a right-wing coup is not. This conclusion is reinforced by the recent charges of domestic terrorism of 42 forest defenders in Atlanta. Even legendary environmental activist Erin Brockovich has been linked to terrorist threats by Ohio police. The real purpose of lengthy prison terms and the “terrorism” designation is to defend the interests of capital above all else.

Certainly, Reznicek and Montoya are not the only activists who have made major personal sacrifices in the defense of nature. More than 1,700 environmental defenders from around the world have been murdered between 2012 and 2021 for that cause, and more recently, forest defender Manuel Esteban Paez Terán (Tortuguita) was killed by Georgia police. There are also other courageous U.S. activists, including “valve turners” facing prison terms, but they have largely been ignored and neglected by the U.S. environmental movement.

The Future

Using current technology, researchers have unequivocally demonstrated that renewable energy generation, electrified mass transportation, regenerative agriculture, and sustainable building structures are easily within the grasp of humanity. Alternative, eco-socialist systems of human relations that could replace the cancer of capitalism have also been discussed and proposed. Such a future is still possible, but barely so. It is time to put more emphasis on resistance, as opposed merely to protest. Ultimately, saving the planet from the worst effects of the climate crisis will require global working-class leadership and self-emancipation, together with broad support from the middle classes.

At the time of this writing, the environmental movement is losing the struggle to save the biosphere and losing badly. Punishments for civil disobedience are increasing and can be as severe as punishments for property destruction. Republican legislatures in 34 states have introduced 81 anti-protest bills in 2021 alone. These range from criminalizing protests and making blocking traffic on a highway a felony, to granting immunity to drivers who injure or kill protesters.

The kinds of actions carried out by Reznicek, Montoya and others have the potential to capture greater attention, galvanize a broader mobilization, and thus play a critical role in resisting the destruction of the planetary biosphere. As Malm puts it in How to Blow Up a Pipeline:

The immediate purpose of such a campaign against CO2 emitting property, then, would be twofold: establish a disincentive to invest in more of it and demonstrate that it can be put out of business. The first would not require that all new devices be disabled or dismantled, only enough to communicate the risk. Strict selectivity would need to be observed.

Not every environmental activist is willing to risk the long prison terms, or worse, that could result from such actions. Nor should they be expected to. That kind of commitment requires extraordinary courage and self-sacrifice, like that exhibited by Reznicek and Montoya. But the rest of us can at least honor and support those who do take those risks.

These two women, now languishing in prison, deserve more support from U.S. environmentalists than they have received so far (though an online petition is available). Demanding presidential pardons would be a first step. But beyond that, nominations for awards to recognize their sacrifices and contributions would be an important step forward. Nominating Reznicek and Montoya for awards such as the Right Livelihood Award, Nobel Peace Prize, the Congressional Gold Medal, or Presidential Medal of Freedom would go a long way in advancing the movement to save Mother Earth.

If climate justice activists are unable to recognize and offer full-throated support to the most selfless and courageous among us, what chance do we have to reverse the course of destruction of our planet?

Copyright, Truthout.org. Reprinted with permission

Photo by SELİM ARDA ERYILMAZ on Unsplash

Treasure Hunt for Coastal Gaslink [Communique]

Treasure Hunt for Coastal Gaslink [Communique]

by | Mar 13, 2023 | ACTION, Property & Material Destruction

Editor’s Note: The Earth is dying and the industrial civilization is killing it. Decades of the environmental movement has not only failed to stop the ecocide, let alone even to slow it down. By the time you finish reading this article, a species will have gone extinct. We’ve tried peaceful negotiations. We’ve lobbied. We’ve protested. We’ve organized non violent direct action. Yet, what seems to be the most effective action is sabotage of infrastructures, be it the attack on Saudi oil wells or on the Niger Delta. DGR is an aboveground organization, yet believes that it is necessary to use any means necessary to bring down the industrial civilization. You can know the difference between an underground and an aboveground organization here.

The following is a communique from an underground group. It is posted from BC Counter Info.

Over the past few months, several sections of the coastal gaslink pipeline have been vandalized. Financially, the consequences of each act were minor: a few holes in the pipeline here, some corroded welding seams there, damaged concrete here. Our goal was to contribute to the small delays in a project that was already well over budget.

  1. We drilled holes less than a penny wide in a section of pipe that had not yet been lowered into the trench. We covered the holes with fiberglass film, which temporarily prevents leaks in the pipes, but only lasts a few months. We know that welded sections of coated pipe are assessed before being lowered into the trench. After the trench is backfilled, they are tested under pressure. The holes were sealed in the hope that they would pass the first pressure test, but will have to be excavated and repaired before the pipeline is completed. This occurred during the last week of October on section 8 of the pipeline, between Kilometers 610 and 613.
  2. Between 585 and 588 kilometers of the pipeline, we found a section of pipe that had been dug out, so we damaged the coating at the joints by chipping and sanding it off in less visible places. This coating is needed to protect the pipe from corrosion and rust. We did this in early November. We liked this approach because the damage is not visible, but can still have a significant long-term structural impact if corrosion and rust show up, so it will need to be fixed.
  3. We drilled very small holes and filled them this time with an epoxy putty, somewhere between Kilometers 605 and 608 of the pipeline route (that’s in section 8.) We did this in the second week of November. We weren’t sure if the sealant would withstand the pressure test, but decided it was worth a try since this sealant is easier to source and use than the fiberglass coating.
  4. At the end of November, we drilled and filled holes in the pipe string before it would be lowered into section 6 of the pipeline between Kilometers 486 and 489.
  5. In early December, we chipped and busted the welds on a section of pipe that had not yet been lowered into the trench between Kilometers 606 and 609.
  6. We damaged the protective coating on a section of pipe by chipping and grinding, and chipped a welded seam on several sections of pipe before they were backfilled between Kilometer 377 and 380 of section 5 of the pipeline. This work was performed in early January.
  7. Near Kilometer 27 of North Hirsch forestry road we damaged welds and coating on a pipe section in the middle of January.
  8. We poured hydrochloric acid on the concrete pipes we knew were meant for the tunnel under Wedzin Kwa and used a concrete drill inside the pipe to weaken them even further. The concrete pipes are designed to protect the pipe itself from the pressure of the surrounding soil. Given the heightened security and surveillance of concrete pipe storage, we can’t say when this happened.
  9. In early December, we grinded and chipped the coating on the welded seams of the pipe sections between Kilometers 598 to 601.
  10. In mid February, we scraped and chipped large portions of the pipe coating of the string between Kilometers 626 and 629.

Or is that in fact what happened? Only some of these activities have actually taken place. We waited to share this information all at once, complete with some additional false reports, so the only way to know where repairs are really needed is to excavate and re-examine all the above-mentioned pipes. Cracked concrete or rusted and patched pipes can lead to small leaks and large-scale spills, which is why every action, whether genuine or falsified, is being brought to the attention of the public long before the pipeline is operational.

While we would prefer to write only completely honest report backs, we also believe that we should be resourceful and use every means at our disposal to delay construction as best we can. We apologize to those involved in the struggle for not being able to give you an accurate picture of what we have really accomplished. CGL we wish you all the best in your treasure hunt.

Banner “construction of the gas pipeline” by npcaonline is licensed under CC BY 2.0.

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:

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: