"The administration is slowly replacing communists lurking in every shadow with terrorists. And terrorism may become an even better brand than communism for demonizing dissent. In March, six green activists found themselves among the first victims of a new front in the War on Terror, and of an old PR game.
"They were convicted on 'animal enterprise terrorism' charges — that’s right, terrorism — for campaigning to shut down an animal testing lab. On June 7, they will be sentenced: two defendants face up to a year in federal prison, and others likely face five to 10 years.
Did their terrorist campaign involve anthrax? Pipe bombs? A plot to hijack an airplane? Nope. They ran a website. They posted news about the campaign — legal actions like protests and illegal actions like stealing animals from labs — and unabashedly supported all of it. Since the feds haven’t been able to catch the saboteurs, they’re now cracking down on those in the spotlight. Think red baiting, with a green twist."
http://www.greenisthenewred.com/blog/The following is an account by Dr. Alex Hershaft (FARM's President/Founder), and co-founder of the Equal Justice Alliance, of last night's House passage of the new, expanded Animal Enterprise Terrorism Act (AETA): "Today (11/13/06), a dozen of us from Equal Justice Alliance, FARM, League of Humane Voters, and Compassion Over Killing spent five hours visiting Congressional offices and urging them to vote against AETA, which had been scheduled over the weekend for a sudden vote at 6:30 pm. We were carrying suporting statements from the National Lawyers Guild, the New York City Bar Association, and the Natural Resources Defense Council. At each office, we were told that the mail and calls were running overwhelmingly in our favor.
"Around 3pm, one of the legislative aides said that the bill was just being debated on the House floor. He gave me a pass, and I rushed to the Capitol across the street. I was astonished to see only about six House members present. House Judiciary Chairman Sensenbrenner spoke in favor of AETA, quoting Jerry Vlasak's and other's past extreme statements. Dennis Kucinich joined in abhorring violence, but noted that the bill infringed on civil liberties of people conducting civil disobedience or undercover investigations. Sensenbrenner invoked lack of opposition from the ACLU. Then the chair called for a voice vote, and Kucinich cast the only no vote. It was all over in 15 minutes.
"After the vote, I rode the elevator with Sensenbrenner and chief AETA sponsor Petri. I told them I was there to lobby against their bill. Sensenbrenner replied 'don't blame me; I was just managing the bill for this guy,' pointing to Petri, who smiled sheepishly. The whole thing was absolutely surreal.
"We played the game by their rules, we generated an overwhelming outpouring of opposition to the bill on short notice, and they kicked us in the face through underhanded maneuvers. Then they wonder why people lose faith in the system and take the law into their own hands. Today, Congress brought shame on itself by turning animal activists into 'terrorists."'
http://noaeta.org/report.htmHere is the ACLU's position:ACLU Letter to Congress Urging Opposition to the Animal Enterprise Act, S. 1926 and H.R. 4239 (3/6/2006) Re: Animal Enterprise Act, S. 1926 and H.R. 4239Dear Member of Congress:
On behalf of the American Civil Liberties Union, a non-partisan organization with hundreds of thousands of activists and members and 53 affiliates nation-wide, we write today to explain our opposition to the Animal Enterprise Terrorism Act, S. 1926 and H.R. 4239 (AETA), a bill that amends the Animal Enterprise Protection Act (AEPA), now 18 U.S.C. § 43. The AETA criminalizes First Amendment activities such as demonstrations, leafleting, undercover investigations, and boycotts. The bill is overly broad, vague, and unnecessary because federal criminal laws already provide a wide range of punishments for unlawful activities targeting animal enterprises.
It’s important to let the reader know what conduct is criminal under current law, too. What are the elements of the crime? Setting them forth now is useful to make your point that the bill criminalizes speech. The AEPA, which passed in 1992, created a penalty of $10,000 or 10 years to life imprisonment for any physical disruption that leads to $10,000 in damages to an animal enterprise. AETA expands the class of criminal behavior in 18 U.S.C. § 43, by changing the term used to described activity “for the purpose of causing physical disruption” to activity “for the purpose of damaging or disrupting” an animal enterprise. The overbroad class of “disruptive” activities apply to any and all activities that result in “losses and increased costs” in excess of $10,000.
Lawful and peaceful protests that, for example, urge a consumer boycott of a company that does not use humane procedures, could be the target of this provision because they “disrupt” the company’s business. This overbroad provision might also apply to a whistleblower whose intentions are to stop harmful or illegal activities by the animal enterprise. The bill will effectively chill and deter Americans from exercising their First Amendment rights to advocate for reforms in the treatment of animals.
Alarmingly, the bill would also make the expanded crime a predicate for Title III federal criminal wiretapping. This provision could be used for widespread domestic surveillance of animal rights organizations. A court will be far more likely to find probable cause for a vague crime of causing economic damage or disruption to an animal enterprise than for a crime that requires some evidence that the organization plans to engage in activity causing illegal “physical disruption.”
While the bill provides an exemption for “lawful public, governmental, or business reaction to the disclosure of information about an animal enterprise,” that exemption applies only to claims of economic “disruption” and not claims of economic “damage.” It also does not necessarily cover the entire range of expression protected by the First Amendment, which covers more than a lawful “reaction” to a “disclosure of information.” Ordinary persons would not understand which activities are prohibited and which are lawful.
The bill AETA also expands the types of facilities covered by the AEPA. The bill adds facilities that sell animals, expands the class of criminal behavior to include threatening conduct (which could have a chilling effect on legitimate whistleblowers) and expands the class of entities protected from the enterprise itself to persons connected to the enterprise. Finally, AETA doubles the criminal penalties and criminalizes attempts to disrupt, which creates a greater danger of encompassing protected speech.
Amendments to AEPA are unnecessary. The Department of Justice has successfully used the existing Animal Enterprise TerrorismProtection Act to obtain indictments of members of animal rights organizations alleged to have engaged in violent behavior. The ACLU urges you to oppose the Animal Enterprise Terrorism Act, S. 1926 and H.R. 4239.
We thank you for your consideration of our views.
Sincerely,
Caroline FredricksonDirector, Washington Legislative Office
Lisa Graves,Senior Counsel on Legislative Strategy
I could not ascertain if there was a subsequent action by ACLU supporting Sensenbrenner's claim that they did not object, but it seems unlikely.
1) One of the reasons these things can be slopped through in the evening on a voice vote is the presentation of bipartisan support. In the Senate action, Democratic voodoo goddess Diane Feinstein collaborated in this mischief with facile remarks highlighting the direst aspects of animal activism. (If you are into vomit, visit some of the industry homesites---fur ranchers and pork packers are an appropriate start---praising her, Inhofe, and Sensenbrenner.)
The details:
Majority Press ReleaseINHOFE-FEINSTEIN INTRODUCE BI-PARTISAN ANIMAL ENTERPRISE TERRORISM ACTWASHINGTON, DC
Sen. James Inhofe (R-Okla.), Chairman of the Environment & Public Works Committee together with Sen. Dianne Feinstein (D-Cal.), a member of the Senate Judiciary Committee, today introduced bi-partisan legislation that will enhance the effectiveness of the U.S. Department of Justice’s response to recent trends in the animal rights terrorist movement. The Animal Enterprise Terrorism Act (AETA) was drafted with technical assistance from counter-terror experts at the Department of Justice and the Federal Bureau of Investigation. Senators Inhofe and Feinstein are committed to passing legislation this year.Sen.
Inhofe Statement: “Our bi-partisan legislation will provide law enforcement the tools they need to adequately combat radical animal rights extremists’ who commit violent acts against innocent people because they work with animals. This is terrorism and must not be tolerated. As a result of my committee hearings on this topic, I became aware of the need for legislation to combat this growing violent phenomenon. With eco-terrorist attacks in Oklahoma and California, Senator Feinstein and I share a commitment to passing legislation that will help end these terrorist attacks.”
Senator Feinstein Statement: "The tactics used by animal rights extremists have evolved in the face of our current laws, and consequently, the scope of their terror is widening,” Senator Feinstein said. “We need the Animal Enterprise Terrorism Act to fight these tactics, including the latest trend of targeting any business and associate working with animal research facilities.
“Just three months ago, extremist activists acting in the name of animal rights attempted to firebomb the home of a UCLA primate researcher. The home where they placed their bomb actually belonged to a 70-year-old neighbor of the scientist. Thankfully, the device did not ignite. But it did lead another prominent UCLA researcher to quit in fear. We must recognize that scientific research is not only a legitimate career, but also an invaluable facet of medical advancement, conducted by respectable professionals deserving our support. The deplorable actions of these eco-terrorists threaten to impede important medical progress in California and across the country.
“Unfortunately, this type of activity has been going on for awhile. In August 2003, two bombs were placed at the Emeryville offices of Chiron Corporation, a pharmaceutical company in the Bay area that employs 4,400 employees as our nation's 2nd largest manufacturer of flu vaccines."
The picture was just as bad in the House, where 10 of the bill's 44 sponsors were Democrats:Nov 4, 2005 Sponsor: Rep. Thomas Petri [R-WI]Cosponsors: Rep. Robert Andrews [D-NJ]Rep. Tammy Baldwin [D-WI]Rep. Bob Beauprez [R-CO]Rep. Rob Bishop [R-UT]Rep. Marsha Blackburn [R-TN]Rep. Henry Bonilla [R-TX]Rep. Dan Boren [D-OK]Rep. Ken Calvert [R-CA]Rep. Christopher Cannon [R-UT]Rep. Chris Chocola [R-IN]Rep. John Coble [R-NC]Rep. Michael Conaway [R-TX]Rep. Barbara Cubin [R-WY]Rep. Randall Cunningham [R-CA]Rep. John Doolittle [R-CA]Rep. John Duncan [R-TN]Rep. Thomas Edwards [D-TX]Rep. Jo Ann Emerson [R-MO]Rep. Philip English [R-PA]Rep. Michael Ferguson [R-NJ]Rep. Samuel Graves [R-MO]Rep. Mark Green [R-WI]Rep. Ralph Hall [R-TX]Rep. Robert Hayes [R-NC]Rep. Walter Herger [R-CA]Rep. Darrell Issa [R-CA]Rep. Ronald Kind [D-WI]Rep. John Kline [R-MN]Rep. John Kuhl [R-NY]Rep. Rick Larsen [D-WA]Rep. Thaddeus McCotter [R-MI]Rep. Charles Norwood [R-GA]Rep. Otter [R-ID]Rep. Steven Pearce [R-NM]Rep. Collin Peterson [D-MN]Rep. Dennis Rehberg [R-MT]Rep. Paul Ryan [R-WI]Rep. Allyson Schwartz [D-PA]Rep. James Sensenbrenner [R-WI]Rep. Fortney Stark [D-CA]Rep. Bart Stupak [D-MI]Rep. John Sullivan [R-OK]Rep. Curtis Weldon [R-PA]Rep. Addison Wilson [R-SC] Cosponsorship information sometimes is out of date.
Last Action: May 23, 2006: Subcommittee Hearings Held.
Kucinich, from what I can gather, was practically alone in warning of the dangerous aspects of the legislation.There are several points here that need emphasis. One is that congress is as much a part of the systemic villainy as bush---and maybe more significantly, because it survives in the rotation of members.
The second is that this government is operating in a bipartisan manner no matter how much the two "sides" want us to believe otherwise. With a handful of exceptions, both parties are bought and owned by big money. AETA is a good example here; despite opposition by a large array of legal and animal rights groups, the donations from industry interests easily prevailed.
The third is that the active, incremental promotion of a totalitarian exercise of power, whether intentional or merely incidental to corporate interests, is real. AETA is a text-book instance of protecting industry by curtailing and criminalizing personal freedoms.
There is little reason to think that the introduction of 29 new Democrats whose positions expand the centrist/conservative profile of the party will change much of anything, starting out as they do in hock to the party establishment and big money. It seems there is always that 20-25% available to join in the bipartisan conquest of our freedoms.
The challenge is to stop electing compromised candidates. The job is to convince ourselves that this is possible.