Apr 08 2009
Daniel McGowan, Another 'War on Terrorism' Victim | Print |  E-mail
Bulletin
By Stephen Lendman   
Article Index
Daniel McGowan, Another 'War on Terrorism' Victim
Page 2

Translation

ImageDaniel McGowan, Another 'War on Terrorism' Victim

Of so-called "eco-terrorism" in his case, a term believed coined by Ron Arnold, executive director of the Center for the Defense of Free Enterprise (CDFE), a radical right wing group established on July 4, 1976 "to continue (the) Revolution of liberty, free enterprise and individual initiative....without hindrance by government."

According to Sourcewatch:

"Arnold blurred the boundaries between nonviolent civil disobedience and more contentious tactics such as vandalism and sabotage," (mostly rejected by environmentalists) by equating property damage to "terrorism as a societal threat."

More recently, he linked up with self-styled "eco-terrorism" expert Barry Clausen and Nick Nichols, retired chairman of the PR firm Nichols-Dezenhall. They were instrumental in initiating the (stalled in committees) 2004 Ecoterrorism Prevention Act that led to the passage of the 2006 Animal Enterprise Terrorism Act (AETA). In broad and vague language, it criminalizes First Amendment activities advocating for animal rights like peaceful protests, leafleting, undercover investigations, whistleblowing and boycotts, and made it easier to call civil disobedience "eco-terrorism" with far stiffer penalties for comparable offenses under other laws.

In the late 1980s, Arnold also founded the so-called Wise Use movement - a pro-business funded anti-environmentalist group, mainly involved with western timber and mining issues. 

In December 1991, he told New York Times reporter Tim Egan:

"We want to destroy environmentalists by taking away their money and members." Days later, to Toronto Star writer Katherine Long, he said "Our goal is to destroy, to eradicate the environmental movement. We're mad as hell. We're not going to take it anymore. We're dead serious, we're going to destroy them. We want to be able to exploit the environment for private gain...."

Environmental studies professor Bron Taylor contends that "Radical environmentalism is best understood as a new religious movement that views environmental degradation as an assault on a sacred, natural world." Nonetheless, he concluded in a 1998 Terrorism and Political Violence journal paper that:
"there is, even after 18 years of radical environmental action, little evidence that radical environmentalists intend to maim and kill their adversaries or foster 'terror' among the general population."

Fronting for corporate America, right wing groups like the Center for the Defense of Free Enterprise, Wise Use, the Competitive Enterprise Institute, and their lobbyists and PR flacks claim otherwise in their relentless war on the greens, backed by federal and state authorities calling saving the earth "eco-terrorism" and managing to get activists like Daniel McGowan sent to prison.

Some Brief Background on McGowan

Born in Queens, New York, he was active in sports in high school, then attended the State University of New York (SUNY), Buffalo where he received a BA in business administration and Southeast Asian studies. After several months in Asia, he worked in New York as a paid and volunteer for various environmental and non-profit organizations, then in 1998 relocated to the Pacific Northwest to continue his environmental and social justice work.

Back home in 2002, he worked as a web and office administrator for Rainforest Foundation US and became active in projects for rainforest preservation, national forest protection, and biodiversity.

In 2005, he entered a Tri-State College of Acupuncture graduate program to become a healing practitioner, to be able to offer it free or at low cost to make it affordable for everyone. At the same time, he worked for Womenslaw.org, a non-profit organization helping battered women through legal recourse. His activism also included support for political prisoners, human rights, social justice, and involvement in numerous local events, dedicated to helping people.

Those who know him say he's one of "the most wonderful, expressive, caring, thoughtful and compassionate people in this world" - yet Bush prosecutors targeted, incarcerated, and made him a political prisoner through a gross miscarriage of justice.

The Support for Daniel McGowan Web Site - A Resource for Information on His Case

McGowan was victimized by "green scare," a term likely first used in 2002, referring to legal and extralegal government actions against animal liberation and environmental activists. The Spirit of Freedom prisoner support network defines it as "tactics the government and (their enforcement agencies use) to attack ELF/ALF (Earth Liberation Front and Animal Liberation Front members) and specifically those who publicly support them."

The term also refers to the 2005 arrests, indictments and convictions from the FBI's Operation Backfire (OB) against alleged ELF/ALF activists - charging them with damaging property, conspiracy, arson, and using destructive devices. The FBI included these organizations among their top domestic threats, calling them "eco-terrorists."

The 2001 USA Patriot Act created the federal crime of "domestic terrorism," broadening the definition and applying it to US citizens as well as aliens. It let OB target McGowan on December 7, 2005 when federal agents arrested him at the WomensLaw.org office, then imprison him in the "terror wing" of lower Manhattan's Metropolitan Correctional Center (MCC).

On the same day, New York Indymedia reported:

"Federal marshals arrested six environmental activists (today) in a series of coordinated raids in four states in apparent response to a string of arsons in Oregon and Washington attributed to the Earth Liberation Front (ELF), including simultaneous attacks in 2001 at the University of Washington's Urban Horticulture Center and the Jefferson Poplar Farms in Clatskanie, Oregon. Daniel McGowan, 31, was arrested in New York City. Authorities also stated that there will be more arrests, with at least one indictment immediately outstanding."

McGowan was held pending his extradition to Eugene, OR for his arraignment. Without evidence, prosecutors alleged he was an ELF member, a group dedicated to saving the earth pro-actively. More recently it abandoned arson as "a dangerous and irrational strategy," and now works "within the system (to) "build consensus and public support (for) a better world and future." Its unofficial motto: "ELF Resistance Forever....Live on....No Evil."

The evening of his arrest, agents raided McGowan's apartment seizing computers, personal photographs, tax records, textbooks, school work, videotapes, DVDs and more. The next day, he appeared in US District Court for the Eastern District of New York, after which he endured a two week odyssey taking him to federal detention facilities in Oklahoma, California and Sheridan, Oregon. 

After his January 25, 2006 hearing, he was released on $1.6 million bail, spent the next seven months under house arrest, on November 9 pled guilty to minor charges, then on June 4, 2007 was sentenced (without trial) to seven years in prison - for offenses warranting no more than a fine and suspended sentence.

Charges in "United States of America v. Daniel Gerard McGowan" and Twelve Other Defendants

After initially being charged on December 19, 2005, a superseding May 18, 2006 indictment (against him and 12 others) accused them of "willfully and knowingly conspir(ing) and agree(ing) to commit the following offenses against the United States:"

Count 1
-- "On or about January 2, 2001, at Glendale, Douglas County, Oregon," four of the defendants, including McGowan, "unlawfully and willfully caused and aided, abetted, counseled, commanded, induced, and procured the malicious damaging and destroying, by means of fire and an explosive, of a building and other real and personal property used in interstate commerce and used in activities affecting interstate commerce, namely, a building and its contents located at Superior Lumber Company (in) Glendale, Douglas County, Oregon;"
-- these same defendants "traveled in separate vehicles to a predetermined staging area....where they dressed in dark clothing and put on their radio earpieces and masks;"
-- they "traveled to Superior Lumber Company building, set up lookouts, positioned the 'pick-up' vehicle, placed the time-delayed incendiary devices, and returned to the staging area;"
-- there they disposed of their dark clothing; and
-- McGowan and seven others "unlawfully and willfully caused and aided, abetted, counseled, commanded, induced, and procured the malicious damaging and destroying, by means of fire and an explosive, of buildings, vehicles and other real and personal property used in interstate commerce....at Jefferson Poplar Farm (in) Clatskanie, Columbia County, Oregon.

Count 2
Said defendants, including McGowan, conspired "to commit arson and destruction of an energy facility" by the manner and means so outlined, "to influence and affect the conduct of government, commerce, private business and others in the civilian population by means of force, violence, sabotage, mass destruction, intimidation and coercion...." By so doing, they endangered "human life and property that constituted violations of the criminal laws of the United States and of individual states."

Counts 3 - 13
Excluded McGowan of charges for various other incidents.

Count 14 and 15
Pertained to the January 2001 Superior Lumber Company destruction.

Counts 16 - 52 
Excluded McGowan.

Count 53 
Charged him with "using and carrying a destructive device in relation to a crime of violence (pertaining to) Jefferson Poplar Farm."

Count 54
Charged him with arson at the Jefferson Poplar Farm Vehicle Shop.

Count 55
Charged him with arson at the Jefferson Poplar Farm shop and office.

Count 56
Charged him with arson of a Jefferson Poplar Farm vehicle.

Counts 57 - 65
Charged him in more detail for the vehicle arson.

Signed:
Kirk A. Engdall
Assistant United States Attorney


In total, McGowan was charged with two counts of conspiracy to commit arson, 14 counts of arson, and two counts of use or possession of a destructive device. If tried and convicted of the latter two, he faced a minimum 30 year sentence. For all counts, he faced a mandatory life sentence - even though he neither hurt or intended to hurt any person or animal and acted only to defend the earth against real environmental terrorists against whom no charges were brought.



 
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