The Guardian: “Revealed: how the FBI targeted environmental activists in domestic terror investigations”

cross-posted from the Guardian

Guardian– Revealed: how the FBI targeted environmental activists in domestic terror investigations

Protesters were characterized as a threat to national security in what one calls an attempt to criminalize their actions

Helen Yost, a 62-year-old environmental educator, has been a committed activist for nearly a decade. She says she spends 60 to 80 hours a week as a community organizer for Wild Idaho Rising Tide. She’s been arrested twice for engaging in non-violent civil disobedience.

Yost may not fit the profile of a domestic terrorist, but in 2014 the FBI classified her as a potential threat to national security. According to hundreds of pages of FBI files obtained by the Guardian through a Freedom of Information Act (Foia) lawsuit, and interviews with activists, Yost and more than a dozen other people campaigning against fossil fuel extraction in North America have been identified in domestic terrorism-related investigations.

The investigations, which targeted individual activists and some environmental organizations, were opened in 2013-2014, at the height of opposition to the Keystone XL Pipeline and the expansion of fossil fuel production in North America.

From an FBI communication on Helen Yost, dated 24 July 2014.

From an FBI communication on Helen Yost, dated 24 July 2014.

The new Foia documents reveal the bureau’s motivation for investigating a broad cross-section of the environmental movement and its characterization of non-violent protesters as a potential threat to national security.

In 2010, the DoJ’s inspector general criticized the FBI for using non-violent civil disobedience as grounds to open domestic terrorism investigations. US citizens swept up in such investigations can be placed on terrorism watchlists and subjected to surveillance and restrictions on international travel. The designation can also lead local law enforcement to take a more confrontational approach when engaging with non-violent activists.

The FBI’s 2013-2014 investigation of Keystone XL activists in Houston violated internal agency guidelines designed to prevent the bureau from infringing on constitutionally protected activities. The investigations opened in 2013-2014 were closed after the FBI concluded that the individuals and organizations had not engaged in criminal activity and did not a pose a threat to national security.

But those decisions have been reversed in recent years. Donald Trump has approved construction of the Keystone XL and Dakota Access pipelines, and his administration has also advocated for stiffer penalties against activists who engage in non-violent direct action targeting fossil fuel infrastructure. Meanwhile, in the wake of the Standing Rock protests, seven states have passed legislation making it a crime to trespass on property containing critical infrastructure.

In its July 2014 file on Yost, the FBI cited federal anti-terrorism legislation prohibiting “attacks and other violence against railroad carriers” as the primary justification for opening the investigation. Violation of the law can lead to up to 20 years in prison. Activists who engage in non-violent civil disobedience and are charged with minor offenses such as trespassing are typically released within 48 hours.

The FBI characterized Yost as being driven by a “desire to stop fossil fuels which, in her political view, are destroying parts of the US, specifically Montana, Idaho and Washington”. In addition, the FBI discussed the case with the US attorney’s office in Idaho, local law enforcement, and BNSF Railway, which operates the main rail line delivering coal and oil to export terminals in the Pacific north-west.

FBI communication on Helen Yost

From an FBI communication on Helen Yost, dated 24 July 2014.

According to the FBI file, the bureau opened the investigation based on information that Yost “was organizing and planning on conducting illegal activities against railroad companies from Montana into Idaho and Washington”.

Yost said Wild Idaho Rising Tide (WIRT) never organized direct action protests to disrupt oil train traffic passing in the region. The heavily redacted Yost investigation concludes that “no potential criminal violations or priority threats to national security warranting further investigation were identified”.

WIRT did participate in a series of community-led events and workshops in July and August 2014 opposing the transport of oil and coal by rail. “Investigators may have conflated several community events to assume such fictitious allegations,” Yost said in an email.

For several years, WIRT, founded in 2011, had been publicizing its actions on the organization’s Facebook page. Much of its activity had focused on stopping the passage of huge trucks known as megaloads, which transport processing equipment to tar sands oil fields in Canada and weigh hundreds of thousands of pounds, along one of Idaho’s scenic byways.

The campaign involved posting public records on the megaload routes, tracking their progress, and at times blockading their movement.

Yost was also active in protesting against the shipment of coal and oil by rail to export terminals in Seattle. In the summer of 2014, WIRT, along with several other environmental organizations and native groups across the Pacific north-west, sponsored a series of rallies and workshops in the region.

Those protests were peaceful – a handful of activists in Montana including the environmental writer Rick Bass were arrested for trespassing – and in the end the FBI concluded that Yost did not pose a threat to national security. Several months later the investigation was closed.

However, in the file closing the case, it appears that Yost has been watchlisted, which is standard for named subjects of FBI domestic terrorism investigations, according to Mike German, a former FBI agent who is now a fellow with the Brennan Center for Justice. Being watchlisted can lead to heightened scrutiny from law enforcement and delays or additional screenings when traveling. Yost said she had not traveled overseas since the FBI investigation.

Yost, who was contacted by an FBI agent when the case was still active, said she was not surprised by the agency’s actions. Surveillance was a form of suppression, she said, and this was another attempt to criminalize the actions of “normal people” working to protect natural resources. But she remains undeterred.

“Assume they know the color of your underwear every morning and get up and resist anyway,” Yost said.

Herb Goodwin, a 70-year-old activist, has a similar philosophy. “We’re all under surveillance,” Goodwin said. “If they want to look at your stuff, they’re going to.”

In 2013-2014 Goodwin frequently participated in actions organized by Yost and WIRT. He was also part of the Occupy Wall Street protests in Bellingham, Washington, in 2011 and was one of 12 individuals arrested that year for blockading a BNSF coal train passing through the city. They became known as the Bellingham 12.

Goodwin was one of at least a dozen environmental activists, many of them affiliated with the group Deep Green Resistance, contacted by FBI agents in autumn 2014. In early October that year, not long after Goodwin returned from a megaload resistance campaign in Idaho, an FBI agent and a police intelligence officer showed up at his residence. According to Goodwin, they wanted to ask him questions about the environmental group Deep Green Resistance. Goodwin refused to cooperate and referred the agents to his lawyer, who himself became a subject of interest to the FBI.

Founded in 2011 Deep Green Resistance (DGR), based on the principles laid out in the book of the same name, describes itself as a radical organization that “uses direct action in the fight to save the planet”. Though the group supports underground movements, its members abide by a code of conduct that includes a commitment to nonviolence and operating entirely above-ground. According to the group’s website, “We do not want to be involved in or aware of any underground organizing.” In another FBI interview with a DGR member documented in the files, the activist even invited the agents to attend one of DGR’s presentations.

FBI files show that the bureau initiated the two-year investigation into DGR to determine if the group or any of its members were planning to engage in the destruction of energy facilities or attacks against railroad companies, referring to the same federal statute cited in the Yost investigation.

But the FBI also took an interest in constitutionally protected activities, including DGR members’ participation in public meetings and lectures and the group’s early organizing efforts.

Even though the FBI investigation found no evidence that DGR was planning to engage in violent activity, it often portrayed the group as an extremist organization. One individual contacted numerous times by the FBI was said to have been a “suspected member of the Deep Green Resistance’s extremist wing” and a participant in DGR’s “Midwest extremist planning process”. DGR did have a strategic planning conference in Wisconsin in spring 2012 which they said was attended by about 30 people, but it was publicly advertised and focused on building the organization, fundraising and leadership training.

From an FBI communication on Deep Green Resistance, dated 28 November 2014.

From an FBI communication on Deep Green Resistance, dated 28 November 2014.

The FBI also focused its attention on DGR organizing at Western Washington University, which hosted a lecture in 2011 by two of the group’s members, Max Wilbert and Dillon Thomson. Information about the lecture, titled Environmentalism for the New Century, and about the professor who hosted it was included in the FBI files. Wilbert, who attended WWU, is also a member of DGR’s board of directors.

As part of the investigation, the FBI met with the university’s police department to “discuss possible Deep Green Resistance presence on the WWU campus”. The FBI also said it would attempt to determine whether any of the professors in the environmental sciences department were involved in the “DGR movement”.

FBI communication on Deep Green Resistance

From an FBI communication on Deep Green Resistance, dated 21 November 2013.

The sweeping investigation into DGR’s activities was formally closed in 2014 but Wilbert assumes that the group is still being closely watched. Wilbert, who is also a writer and photographer, frequently posts short polemical essays on his Facebook page or the Deep Green Resistance website.

Wilbert said that on 7 September 2018, nearly four years after the investigation was closed, he got a call from an FBI agent in Seattle informing him that the bureau had received an anonymous tip regarding something he had written online. The agent also left a card at Wilbert’s parents’ home.

“I’m pretty outspoken about being a revolutionary, somebody who believes in the necessity for revolutionary change,” Wilbert said. “It’s not something I hide.”

An FBI file documenting the online tip describes Wilbert as “an environmental extremist” involved in “inciting violence in Seattle”.

German, the former FBI agent, whose recent book, Disrupt, Discredit, and Divide, chronicles the troubling post-9/11 expansion of the FBI’s domestic surveillance powers, said the agency had failed to heed the warnings laid out in a 2010 justice department IG investigation that criticized the FBI’s targeting of certain domestic advocacy groups. According to German, the Yost files and the two-year DGR investigation show how “ineffective these internal oversight mechanisms are to preventing abusive and wasteful investigations of non-violent protesters”.

Rising Tide North America Statement of Solidarity with Anti-Fossil Fuel Activists in the Northwest

wild-idaho-rising-tide-on-cornerRising Tide North America Statement of Solidarity with Rising Tide and Anti-Fossil Fuel Activists in the  Northwest

In response to the recent news that the Federal Bureau of Investigation (FBI) continues its harassment of climate activists in Idaho, Washington and other parts of the Northwest, Rising Tide North America issued the following statement:

We believe that the extraction of fossil fuels like coal, natural gas and tar sands oil, and the expansion of pipelines and other transportation infrastructure, is a dangerous threat to our communities, our wild places and the climate. We further believe that grassroots organizing and non-violent direct action are bold and effective tools used to stop these threats.

The FBI’s recent harassment of activists and organizers in Idaho and Washington is nothing less than a concerted effort to intimidate and stifle dissent. It’s ridiculous that the FBI spends its time and resources investigating peaceful environmental activists, while the corporations responsible for oil spills, water and air pollution, toxic environmental racism and climate change continue to run amok.

We stand in solidarity with our friends and allies with Wild Idaho Rising Tide, and others in the Northwest, who’ve taken courageous stands against the Keystone XL pipeline, tar sands heavy haul shipments, natural gas extraction and coal exports. Furthermore, we stand in solidarity with all communities that have chosen to take a stand against this horrible industry and protect a livable future.”

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Rising Tide North America is continental network of climate justice groups and individuals challenging the root causes of climate change and for social, environmental and climate justice.

Portland Rising Tide: 15 Activists Arraigned, Total Bail Set At $150k Following Blockade Of Tar Sands Megaloads

BAILOUTCross-posted from Portland Rising Tide

FOR IMMEDIATE RELEASE

12/18/13

Media contacts:

Trip Jennings, Portland Rising Tide – tripjennings1@gmail.com – 541.729.3294

David Osborn, Portland Rising Tide – david@portlandrisingtide.org – 503.516.8932

15 ACTIVISTS ARRAIGNED, TOTAL BAIL SET AT $ 150,000 FOLLOWING BLOCKADE OF TAR SANDS MEGALOAD MONDAY

John Day, OR: The people arrested Monday night blockading the tar sands megaload were arraigned today in the Justice Court of Grant County. Fourteen were charged with five misdemeanors, one with six and the minor arrested in the action was released Monday. Each person has had bail set at $ 10,000 for a total of $ 150,000. The arrests stem from the two blockades that were set up Monday night using two disabled vehicles to stop the controversial, 450-ton, 376-foot long tar sands megaload transported by Omega Morgan, which was delayed for several hours.

The action Monday was the sixth regional action against the Oregon megaloads in two weeks. The actions started when two were arrested successfully preventing the megaload from leaving the Port of Umatilla on December 1st. A member of the Confederated Tribes of Umatilla was arrested December 2nd trying to block the megaload. Office occupations and disruptions have taken place at Omega Morgan’s offices in Fife, WA and Hillsboro, OR, as well as the General Electric subsidiary that designed the machinery moving towards the Athabasca oil fields in Alberta.

Those arrested Monday included support personal not involved in the action. Of those arrested 12 were not involved in the blockade and were standing on the side of the road to take photographs, document the police response and provide medical assistance if needed. They were not given cease and desist orders, nor told to leave by the police prior to being arrested. Police also used violence on the individuals that were part of the blockade in an attempt to coerce them into unlocking themselves.

“I was away from the actual blockades and present to support the people taking action. I was arrested without warning and charged with the same thing as those who locked down”, said Johnathan Batchelor who was arrested, “This aggravated and inappropriate response is the opposite of what is needed. The real criminals are Omega Morgan and the companies involved in the tar sands which fuel the climate crisis”.

Omega Morgan says this is the first of three megaload shipments through the region. Former routes through Idaho were blocked by an injunction filed by the Nez Perce Tribe, following major protests in Idaho and Montana. Similar opposition from the Confederated Tribes of Umatilla is growing in Oregon and Gary Burke, Chair of the Umatilla Reservation’s Board of Trustees, recently delivered a letter to Governor Kitzhaber expressing opposition to the megaloads due to lack of consultation with the tribes and the role of tar sands extraction in harming indigenous people and fueling global climate change.

Portland Rising Tide, a member of an alliance of groups organizing against the megaloads, continues to mobilize support for ongoing opposition to these and any future megaloads. During the summer some 400 people signed a pledge expressing willingness to participate in non-violent civil disobedience and direct action to address the climate crisis. “We will continue to resist the tar sands megaloads and all other fossil fuel infrastructure, including the oil, coal and gas terminals proposed for the NW, “ said David Osborn of Portland Rising Tide, “All new fossil fuel extraction must be halted, communities are being destroyed and the climate is being imperiled. The equipment transported by Omega Morgan will expand the tar sands and devastate communities in northern Alberta and throughout the world. It is immoral and we will do everything we can to stop it.”

Photos available from freelance journalist Alex Milan Tracy of December 1st and 12th actions:

http://www.demotix.com/news/3398176/activists-prevent-megaload-bound-tar-sands-leaving-umatilla#media-3398116

http://www.demotix.com/news/3487848/omega-morgan-closes-after-tar-sands-protesters-enter-facility

Photos of Monday’s action will be forthcoming when the cameras are released by the Grant County police.
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Call Omega Morgan & Tell Them To Stop Shipping The Tar Sands Megaloads!

Tar Pit #3Call Omega Morgan CEO John McCalla  at 503-647-7474 right now with a message: I oppose  tar sands mining and I want you to stop shipping equipment to process it.

Big Oil has been moving massive equipment for a tar sands oil development in western Canada.  The “megaload” shipments have been challenged in Idaho, Montana, eastern Washington, and now eastern Oregon.

Climate activists object to the shipments for their potential to worsen global warming, and tribal members say they’re worried about the possibility of environmental damage in eastern Oregon, where they assert a treaty interest and say they weren’t adequately consulted.

Last week, three people were arrested while blockading these megaload shipments near Umatilla, Oregon.  More blockades are expected this week, and we’re calling on people from all over North America to help us tell shipping company Omega Morgan to stop shipping the tar sands megaloads.

Call Omega Morgan CEO John McCalla  at 503-647-7474 right now with a message: I oppose tar sands mining and I want you to stop shipping equipment to process it. 

You can use these talking points on the call:

  • *I oppose the tar sands megaloads because tar sands will spill into our water supply and soil and cook our climate.
  • *I oppose the tar sands megaloads because tar sands pollution will harm communities from Alberta to those near refinery sites in Houston.
  • *I oppose the tar sands [megaloads] because [they] will only serve to line the pockets of oil industry executives, while landowners from Texas on up to the Canadian border will pay the price for their greed.

If you cannot reach CEO McCalla, call Holly Zander, Omega Morgan’s press spokesperson, at 503-360-7144.

After you call tell us how it went in this short survey.