Daniel McGowan
Daniel McGowan
Daniel McGowan
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Archive for the ‘Focus On:’ Category

Focus on: Civil Liberties Defense Center (CLDC)

Tuesday, April 15th, 2008

It is an unfortunate fact but during the course of my legal case, my codefendants and I received very little organizational support from the environmental and social justice movements. While prisoner support groups like ELPSN (UK) and ABCF and legal organizations like the National Lawyers Guild and Center for Constitutional Rights were quick to extend their solidarity, the environmental movements’ silence was palpable. Other than Forest Ethics and some Earth First! groups, there was nothing but private support offered; an inability to organize a response to the terrorist enhancement and at worst, condemnation offered from NGO heavyweights, Rainforest Action Network, Ruckus Society and Greenpeace[1]. While this speaks volumes about our movement’s conception of solidarity and the discomfort expressed by non-profit organizations in dealing with cases of property destruction, this is beyond the scope of this blog entry[2]. One group that did not act like the previously named groups and went well beyond the call of duty is the Civil Liberties Defense Center based out of Eugene, Oregon.

A tiny, young organization funded by environmental lawyer and activist (and I’m proud to say, a good friend of mine) Lauren Regan, the CLDC had the Operation Backfire defendants’ backs from day one[3]. During the chaotic weeks following the first wave of arrests in December 2005, the CLDC made valiant attempts to find lawyers for all the defendants and quickly became a hub for families of defendants, lawyers and media contacts. Sitting in Lane County Jail, just 3 blocks from their office, I took solace knowing there were local lawyers advocating for us, keeping everyone well informed through conference calls and providing a local and long-term perspective (being that they lived in Eugene during the time of the conspiricy 1996-2001).

As the case progressed, I was freed on bail, returned to New York and relied on the CLDC’s extensive court reports and posting of legal documents. I devoured the court reports and was able to determine which codefendant started to cooperate at which time and better determine my chances of success at trial. When people ask me what it is that defendants in those cases need, I reply that it’s the unglamorous and tedious work that the CLDC does, sitting in court for hours concentrating hard and taking copious notes, getting those court reports and analysis posted on sites like Portland Indymedia, monitoring databases for relevant court documents, legal research, setting up a local media collective and press strategy and visiting people regularly at the jail. The support was invaluable with the preparation of my defense and helped my wife, family and NYC support group make sense of the case and develop solid and powerful defense strategies.

Now, don’t mistake the CLDC for some large, well-funded outfit based on their impressive resume. They are a few lawyers, an office and a dedicated crew of volunteers operating on a shoe-string budget. Since I have been imprisoned, I have relied on their work to keep up on Green Scare cases like Briana Waters and the campaign to repeal the Animal Enterprise Terrorism Act. The CLDC is one model of how an organization can provide support for complex legal cases and free the defendants and their families to deal with the pressure of the case itself.

Please support the CLDC with their ongoing work if you are able. On their site, cldc.org, you can make a donation or send a check to them at Civil Liberties Defense Center/ 259 East 5th Avenue, Suite 300 A/ Eugene, Oregon 97401. Don’t forget— if you are arrested for an offense like mine or face a grand jury subpoena, do not hesitate to call the CLDC at 541.687.9180 or the NLG’s hotline at 888-NLG-ECOLAW.

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[1]Many contacts were made by my support group to RAN and Ruckus Society directly through email, to people on RAN’s board of directors and informally to staff of both organizations. RAN, at least, expressed support privately. Board member Jodie Evans, in particular, expressed support and committed to raising this issue with her executive director. A staff member of RAN commited to writing a letter from RAN regarding the terrorist enhancement issue and never did. Ruckus Society members/staff never once responded to emails, informal contacts, or info packets sent to them. Greenpeace’s director, John Pascantando, took it further condemning us publically— you can read a criticism of that statement in an article by Michael Donnelly on Counterpunch.org from 2006.

[2]What is sad is that defendants in this case had professional relationships with RAN and Ruckus. I had worked on the Mitsubishi, Home Depot and U’wa campaigns RAN organized, getting arrested while committing civil disobedience and dedicating countless hours to these campaigns. I attended two of Ruckus Society’s action camps including the ‘Globalize This’ pre-Seattle/WTO camp with many of my codefendants. We also worked with the Direct Action Network to some extent in the months leading up to the WTO protests in 1999 (DAN was partially a creation of RAN, Ruckus Society, and other groups). Additionally, a fugitive in my case was a former trainer for Ruckus and local organizers in Seattle, employed by RAN, and dealt with harrassment and search of their former residence by the FBI related to this case. The links were many but the support from these groups was sorely lacking.

[3]The CLDC’s involvement begins well before December 7, 2005— the day of the first arrest in Operation Backfire. Lauren Regan represented an early target of the investigation in 2000/01 and participated in community efforts to protect the individuals who had received grand jury subpoenas.