Thursday, May 15, 2008
In an alarming case, U.S. attorneys exploited post-9/11 counterterrorism policies to pursue and prosecute an environmental activist.
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Photo courtesy of supportbriana.org
Briana Waters (center) with her partner, John Landgraf, and their daughter, Kalliope.
Mar 27, 2008 | In the early morning hours of May 21, 2001, a group of five men and women dressed in dark clothing and carrying backpacks crept close to the Center of Urban Horticulture on the University of Washington campus in Seattle. One of the intruders cut open a window of a ground-floor office; another climbed through it and placed a digital alarm clock wired to a 9-volt battery and a model-rocket igniter in the drawer of a filing cabinet. Next to the cabinet, he filled plastic tubs with gasoline. He set the timer and climbed back out the window.
Not long after, at about 3 a.m., a university security officer driving on his rounds saw "billowing smoke and flames" rising from the building. The building's cedar latticework had acted as kindling and the fire raced to the roof. From a city park a few miles away, the arsonists listened to the firefighters on an emergency scanner.
It took firefighters two hours to put out the flames. By that time the office where the fire had started had burned down to the studs, and the central hall and several botany labs were damaged. Damages were estimated at $2.5 million. The morning after the fire, agents from the Bureau of Alcohol, Tobacco and Firearms sifted through the ash but found no fingerprints. Any hairs that might have yielded a DNA signature had been incinerated.
Ten days later, the Earth Liberation Front, a loose group of underground activists who had burned a horse-slaughtering plant, logging company headquarters, SUV dealerships and a luxurious Vail ski lodge built on mountain lynx habitat, claimed responsibility for the fire. The group explained that it had targeted the office of Toby Bradshaw, a plant geneticist who they believed was genetically engineering trees for the benefit of the timber industry. They said his research would "unleash mutant genes into the environment" and "cause irreversible harm to forest ecosystems."
Federal and local authorities launched an exhaustive investigation, code-named Operation Backfire. For nearly two years, the FBI had no real leads in the Washington case or 16 other ELF arsons. The Earth Liberation Front is a secretive, amorphous group, with no structure or leaders or formal membership. It is more of a movement than an organization; anyone with a rage against ecological destruction and a match can act in the name of the ELF. The FBI didn't know where to go looking for them.
In spring 2003, FBI agents finally got their first break. They closed in on Jacob Ferguson, a heroin-addicted drifter who played in a metal band called Eat Shit Fuckface, and who had insinuated himself into the radical environmental movement -- no doubt finding a convenient outlet for the pyromaniacal tendencies he'd exhibited since the age of 8.
Ferguson quickly turned informant. He admitted to setting the first fire attributed to the ELF in the United States, in 1996, and to 12 additional arsons, mostly in Oregon. Although many ELF "elves" knew only two or three others, Ferguson knew pretty much everyone. Prosecutors dispatched him across the country -- from Arizona to New York -- to meet with his former compatriots and record their conversations with a hidden wire. Soon the FBI was knocking on doors across the country.
Most of the suspected arsonists, if convicted, would face at least 30 years in prison. Lured with promises of reduced sentences, friends turned in friends, boyfriends offered up the names of girlfriends. Recriminations flew. Those who named names "have dishonored themselves ... by becoming vicious traitors and tools of the state," wrote two non-cooperators in the Earth First! journal. In 2006, the trail of accusations led the FBI to the door of a quiet 32-year-old violin teacher in Berkeley, Calif., named Briana Waters.
Earlier this month, on March 6, a federal jury in Tacoma, Wash., found Waters guilty of two counts of arson for serving as a lookout at the University of Washington fire. According to two women who testified against her in return for dramatically reduced sentences, Waters hid in a shrub near the Center for Urban Horticulture with a walkie-talkie, ready to alert the others if the campus police strolled by. Waters testified she wasn't even in Seattle that night.
Although Waters was on trial for only the University of Washington arson, Assistant U.S. Attorney Andrew Friedman charged that she was part of a conspiracy -- a member of a "prolific cell" of the Earth Liberation Front, responsible for 17 fires set in four states over five years. Ten conspirators have pleaded guilty and been sentenced; four have fled the country; three are awaiting sentencing. Waters, the only one of the accused to have pleaded innocent and therefore the only one to have stood trial, now faces 20 years in prison.
The group's alleged ringleader, William Rodgers, avoided a trial in his own way. From his jail cell in Flagstaff, Ariz., two weeks after his arrest in December 2005, he wrote, "I chose to fight on the side of the bears, mountain lions, skunks, bats, saguaros, cliff roses and all things wild. But tonight ... I am returning home, to the Earth, the place of my origins." He placed a plastic bag over his head and suffocated himself. According to medical records, Rodgers was found with his right arm raised, his hand held tight in a fist -- the Earth First! symbol of resistance.
Prosecutors celebrated the guilty verdict against Waters as a signal victory in the campaign against "eco-terror," a mission that the U.S. Department of Justice has made the centerpiece of its domestic counterterrorism program. "This cell of eco-terrorists thought they had a 'right' to sit in judgment and destroy the hard work of dedicated researchers at the UW and elsewhere," U.S. Attorney Jeffrey Sullivan declared in announcing Waters' conviction. "Today's verdict shows that no one is above the law."
Civil libertarians draw a different moral from the verdict. For them it is evidence of how the Justice Department has exaggerated the threat of eco-sabotage; they see Waters' story as a disturbing example of the misuse of federal authority and the excessive reach of the American counterterrorism program in the wake of 9/11. As Lauren Regan, director of the Civil Liberties Defense Center in Eugene, Ore., remarks: "There's a question of whether burning property is really the equivalent of flying a plane into a building and killing humans."
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