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07.17 Planned Parenthood president Leana Wen forced out by board [Given that states have lost abortion rights on political grounds recently, Wen's philosophical approach to protect abortion rights based on ‘health care’ was smarter – therefore it was that smarter strategy that was killed at the secret meeting.]

07.17 Billions of air pollution particles found in hearts of city dwellers

07.17 What is happening in America's Cancertown is tragic, immoral and evil [Niggardly white government policies could change to produce better students, better jobs and net revenue instead of costs. But it seems they enjoy more cruelty—like Trump.]

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07.14 A Glacier the Size of Florida Is Becoming Unstable. It Has Dire Implications for Global Sea Levels [The willfully ignorant needn't read more, Trump]

07.13 'Climate Despair' Is Making People Give Up on Life [Willfully ignorant governments—having fired many of their best scientists—have made themselves too stupid to despair]

07.13 Trump administration to approve pesticide that may harm bees [The worst government money can buy!]

07.12 These solar panels don’t just generate power—they produce drinking water

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07.10 Plastic Has A Big Carbon Footprint — But That Isn't The Whole Story [Fixing our world begins by educating your consciousness with the best truth from trustworthy news sources—so you'll then insist truly bad things will get fixed. But if instead you are educated by untrustworthy news sources—then your consciousness could be warped to where you are hating and fighting with your best friends. Clue: untrustworthy news sources never seriously report news about the world's most critical emergency—Global warming.]

07.10 Molly Scott Cato: ‘It’s the wealthy who are causing climate change’

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07.19 U.N.'s Bachelet says Congresswomen opposing Trump are 'fantastic'

07.19 Iran makes 'substantial' nuclear offer in return for US lifting sanctions [Was barbaric Saudi Arabia—whose citizens were more involved in the 9-11 attacks—the wrong ally all along?]

07.19 “The Task Ahead Is Enormous, and There Is Not Much Time” [Read this and learn. Or read Donald J. Trump (@realDonaldTrump) | Twitter and/or President Trump (@POTUS) | Twitter. Are you serious? Or are you in hideously criminal denial?]

07.18 Foreign purchases of American homes plunge 36% as Chinese buyers flee the market

07.18 There are 16 million slaves around the world making our stuff

07.18 ‘No rioters, only a tyrannical regime’: Thousands of Hong Kong seniors march in support of young extradition law protesters [Most people around the world have more in common with these Hong Kong Chinese protestors than with the ignorant people at Trump rallies]

07.18 Dozens Arrested as Over 1,000 Jewish Activists and Allies Shut Down Entrances to ICE Headquarters Demanding Closure of Trump Detention Camps [Obviously these are not the immoral and less educated right-wing jews who support Netanyahu, Trump and ICE, and who slowly exterminate Palestinians when no one is looking]

07.17 Trump Murdered the Iran Deal—And Europe Isn’t Too Happy About It [Only psychopathic Saudi Arabia and Russia are U.S. ’allies’ now...]

07.17 Trump’s Unlawful Asylum Policy Is a Jab at Mexico

07.16 Trump’s race fantasy is clear: the US as home for whites fleeing Europe [1:09 video]

07.15 India’s Terrifying Water Crisis

07.15 Australia now has the highest minimum wage in the world [From 1960 to 2018 – the U.S. has fallen from 1st place to below the tenth place and off the chart]

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  Print view: Eric McDavid: Victimized by Green Scare State Terrorism
FACTS & COMMENTARY:

Eric McDavid: Victimized by Green Scare State Terrorism

Under the Patriot Act's vague language, government has been prosecuting mainly left-wing activists as "terrorists."

by Stephen Lendman
Saturday, 11 September 2010

Eric McDavid
Eric McDavid, "terrorist."
The government may confiscate or freeze all foreign and domestic assets of any individual, entity, or organization engaged in, planning, supporting, concealing, or perpetrating any act of domestic or international terrorism against America - even by protesting nonviolently.

The October 2001 USA Patriot Act's Section 802 created the crime of "domestic terrorism" (applicable to US citizens) for the first time, applying it to persons engaged in acts "dangerous to human life" in violation of federal or state criminal laws, if such actions:

  • intimidate or coerce a civilian population;
  • influence government policy by intimidation or coercion; or
  • affect government conduct by mass destruction, assassination or kidnapping.

The Patriot Act gave Washington expansive powers to investigate and prosecute "terrorism," including environmental and animal rights activists demonstrating peacefully or engaging in nonviolent civil disobedience, America's longstanding tradition, now harshly criminalized, those convicted subject to long-term incarceration.

For example, in 2001, several prominent Americans engaged in civil disobedience on Vieques Island, Puerto Rico by unlawfully entering an airbase to protest against regular Pentagon military exercises, including bombings. It's now called domestic terrorism to influence government policy.

Under the Patriot Act's Section 806, with no hearing or notice, the government may confiscate or freeze all foreign and domestic assets of any individual, entity, or organization engaged in, planning, supporting, concealing, or perpetrating any act of domestic or international terrorism against America - even by protesting nonviolently.

Other provisions are just as harsh, using vague language giving authorities wide latitude to twist the law perversely and advantageously, targeting anyone for anything called terrorism.

Eric McDavid is one of many victims, serving a 20-year sentence in federal prison for "thought crime," encarcerated for his political beliefs, targeted by an FBI undercover informant who entrapped him unjustly.

Detailed information on him can be accessed by just clicking here.

Previous articles described "green scare," the Spirit of Freedom support network calling it "tactics the government and (enforcement agencies use) to attack" environmental and animal rights activists and anyone supporting them - called "eco-terrorists" for engaging in socially responsible protests or civil disobedience against harmful corporate practices. Opposing them is now criminal, repressive laws like the Patriot Act putting innocent people at risk, McDavid one of many.

On January 13, 2006, he, Zachary Jenson and Lauren Weiner were arrested, charged with "conspiracy to damage and destroy property by fire and an explosive," the January 25 indictment stating:

The "defendants....did knowingly and intentionally agree, combine and conspire with each other, and others known and unknown to the Grand Jury, to maliciously damage and destroy, and attempt to do so, by means of fire and an explosive, (1) a building, and personal and real property of the United States Forest Service, United States Department of Agriculture (2) a building, and personal and real property of an institution and organization receiving (government) financial assistance....and (3) personal and real property used in interstate commerce and in an activity affecting interstate commerce...."

Conspiracy alone was charged to commit the following acts:

  • meeting at a Forresthill, CA residence, purportedly to plan their attack, no supportive evidence cited;
  • defendant Weiner ordered a book titled, "Poor Man's James Bond," supposedly with explosive making instructions;
  • defendants visited the alleged target sites "to perform reconnaissance;" and
  • bought the following items: three bottles of bleach, a hot-plate, glassware, a gasoline can, a car battery, and three jars of petroleum jelly.

Yet prosecutors said these activities violated Title 18, United States Code, Section 844(n), even though engaging in them and all items bought are legal and nonviolent. Prosecutors cited no incriminating evidence proving otherwise. How could they? There was no plot or crime, the FBI inventing guilt by entrapment, a scheme used numerous times before, snaring innocent victims in the "war on terror."

A government informant called "Anna" befriended, encouraged, deceived, and entrapped them, earning at least $75,000 for her services, according to Sacramento-based FBI Special Agent Nasson Walker. "She was the glue" said McDavid's lawyer, Mark Reichel, explaining that "Take away Anna, and (the case) would have scattered in the wind like so many tumbleweeds."

In an affidavit filed in the case, Walker said she was used in at least 12 prior cases, entrapping others like McDavid, Jenson and Weiner, provoking them to discuss actions they never committed or wanted to, manufacturing fake crimes. Reichel explained that "when you have someone poking you and prodding, egging you on," you end up saying or going through the motions of things you'd never do, but may seem like it, making defendants vulnerable because jurors are afraid to exonerate.

McDavid's case is especially troubling, according to Reichel:

"There has never been (one like it in America) that has involved this much entrapment, this much pushing by an informant, by the US government and by the FBI behind it."

He was charged with one count of conspiracy, commonly used against activists and others when no real evidence exists, the idea being to intimidate juries, ensure convictions, crush dissent and discourage others. Twice he was denied bail, despite no past criminal record or history of violence.

As a result, pre-trial, he spent two years isolated in Sacramento County Main Jail in "Total Separation," given no contact with other prisoners and allowed out of his cell only a few hours weekly.

McDavid is a vegan. Protesting for acceptable food, he conducted two hunger strikes, and suffered two bouts of pericarditis - an inflammation of tissue surrounding the heart, causing chest pain and long-term complications if not properly treated. Born in October 1977, he's now 32 years old, a shocking condition for someone that young, something he never before experienced.

Under pressure, his co-defendants copped a plea for a lesser sentence, agreeing to testify against McDavid. His case is clear entrapment, his trial defense citing it in vain. Despite no incriminating evidence and proceedings "riddled with errors, lies and blunders," jurors convicted him, many later making "damning statements about the FBI's handling of the case."

Nonetheless, on May 6, 2008, he was sentenced to 19 years, seven months in prison, equivalent to a 2nd degree murder judgment in some states. McDavid committed no crime yet got, up to that time, the longest ever Green Scare punishment, increased by Terrorism Enhancements (TEs) - used against defendants trying to influence or coerce government policy, an act of honor, not a crime, when challenging lawless, harmful practices.

In February 2009, animal rights activist Marie Mason received 21 years, 10 months and a $4 million dollar fine (another travesty of justice). Just click here to read an article on her case.

In June 2001, environmental activist Jeff Luers was sentenced to 22 years, eight months for burning three SUVs - to raise awareness how gas-guzzling vehicles exacerbate global warming. No one was hurt, $40,000 in damages resulted, and the vehicles were refurbished and sold.

A political prisoner, Luers appealed in January 2002, his hearing held in November 2005, and on February 14, 2007 the Appeals Court remanded his case to the Circuit Court for resentencing. On February 28, 2008, it was reduced to 10 years, a hopeful sign for McDavid, Mason and others like them, wrongfully imprisoned for their activism and honor.

Calling his sentence "fair, just, and reasonable," Judge Morrison C. England found McDavid's talk and items bought "very serious....with respect to the disruption of the Government....There was no question that this....was a conspiracy, and (its) object (was) federal buildings or locations....this is a new world after September 11, 2001...."

"So when taking all of these factors into consideration, it is the judgment and sentence of this Court that in accordance with the Sentencing Reform Act of 1984, that the defendant, Eric McDavid, will be sentenced to 235 months in federal prison. (He) will also pay a special assessment of $100 immediately....Upon release from imprisonment, Mr. McDavid will be placed on supervised release for a term of 36 months."

Imprisoned at FCI Victorville, Medium II, Adelanto, CA, McDavid's appealing his conviction and sentence.

A Final Comment

On August 9, the San Francisco-based 9th Circuit Court of Appeals heard McDavid's oral arguments, focused mainly on "the incorrect written response to a question the jurors asked during deliberations....the oral answer (given) was the complete opposite from the written" one, after which jurors quickly reached a guilty verdict.

Afterwards, however, the deception outraged juror Diane Bennett, saying:

"During deliberations, we asked the court to please clarify for the jury the issue of whether Anna was a government agent, and if so, when did she become one. The written answer....stated 'no' that she was not a government agent, yet we were told orally that she was."

"With the written response of 'no,' and after reading the other written responses to the court, we ended our consideration of the issue of entrapment, the vote (being) 7 - 5 to consider the entrapment issue as a defense. Once the written response advised Anna was not a government agent, we then changed to a guilty verdict soon thereafter."

To prove criminal conspiracy, prosecutors must show McDavid conspired with one or more others. His codefendants, however, absolved him, testifying that no illegal actions were planned. As a result, it was his word against Anna's, an FBI provocateur, paid to entrap innocent victims prosecutors want to convict.

The presiding appeals judge expressed interest, having previously been involved in reversing a sentence because of erroneous jury instructions. Defense counsel was hopeful, noting other important arguments also raised and likely wait before a decision - on average six months to a year, a long time to perpetuate injustice never easy to reverse in a climate of fear, police state terror, pervasive spying, entrapment, and complicit courts.

It's "a new world after September 11, 2001," not a fair or just one.


Stephen Lendman

Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net. His blog is sjlendman.blogspot.com.

Listen to Lendman's cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.

Mr. Lendman's stories are republished in the Baltimore Chronicle with permission of the author.



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This story was published on September 11, 2010.
 

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