'Overt Bastardization of the Truth': Valve Turner Listed as 'Extremist' by U.S. Government Faces Upcoming Trial
The valve turners recently listed by Homeland Security as "extremists" believe their action of shutting down 15 percent of the daily U.S. oil supply on Oct. 11, 2016 was their only option of fighting the climate crisis.
Valve turner Ken Ward of Climate Direct Action is going to trial this spring for the third time. He is charged with burglary and sabotage. EcoWatch teamed up with Ward and his attorney Lauren Regan, the executive director and co-founder of Civil Liberties Defense Center, on EcoWatch Live to share what this trial means for climate activists and why the U.S. government is listing some of these peaceful activists alongside mass murderers and white supremacists.
Watch the interview here:
"In a fairly short period of time, after making some phone calls to pipeline companies, we broke in to enclosures, cut some chains, closed what are called safety block valves and closed down all five pipelines that carry tar sands oil from Canada into the U.S.," Ward said of the October 2016 direct action. It "might count as the most significant thing I've ever done on climate."
Ward, who has been working in energy policy since 1978, including a variety of strategic approaches to climate change says "what sociologists and political scientists are demonstrating is that faced with this kind of situation, faced with an intractable political environment, where powerful industries have billions to spend ... the single most effective thing that you can do is do engage in nonviolent direct action."
Five members of Climate Direct Action are seen before a coordinated effort to turn off valves on a pipeline in four states. Climate Direct Action
In mid January, the U.S. Department of Homeland Security listed these valve turners as "suspected environmental rights extremists" and "domestic terrorists." What does this listing mean for climate activists?
Regan is not surprised by this "rhetorical" listing.
"The far right and the fossil fuel industry are spending about $30 billion in a media campaign, basically a smear campaign. It's one of the last-ditch efforts to try and persuade Americans that their gross profits are worth more than clean water and a healthy planet," Regan says. "As they're gasping for their last profiteering breaths, they are pulling out all of the dirty tricks that those types of profiteering industries have used historically."
Such listings seem to have no relevance for climate activists, as those who engage in direct action are aware of risks such as being arrested and potentially facing serious consequences.
Regan points to "the overt bastardization of the truth or manipulation of reality by those industries." It's an attempt to "frame nonviolent civil disobedience as the same type of action as Nazis who murdered humans or anti-choice zealots that murder abortion doctors. I think normal humans with thinking brains see the incredible difference between those scenarios. It really exposes the desperation of the industry in my opinion."
Ward mentions the "immense privilege" he has to engage in direct action here in the U.S. "Most people doing this around the world are getting killed or going to prison for long periods of time," he says. "The costs are so low compared to that."
Because Ward is engaged in climate action, he doesn't have "a certain amount of existential dread." He'd doing what he can. "I encourage everybody to think of what you could do," because we're out of time he says.
In the upcoming trial, Regan is defending Ward on the grounds of the climate necessity defense, something Ward was not permitted to offer in his first or second trial which both landed in a hung jury. Although Ward finished his sentence after the second trial, he chose to appeal anyway on the basis that he wasn't allowed to use the only defense he had.
Regan outlines where they are in the process:
A defendant pursuant to the Sixth Amendment is entitled to assert defenses and have jurors who are the fact finders in trials determine whether or not the defense actually passed muster. The Washington Court of Appeals ruled in our favor and affirmed the right of a defendant to use the climate necessity defense.
The state then appealed up to the Washington Supreme Court. The Washington Supreme Court ruled in our favor and again affirmed the right to a climate necessity defense, thereby creating Washington state precedent for future activists to be able to use.
Since that time there has been one other climate activist that was prosecuted since our appellate victory and the state did not even attempt to hinder their right to use the defense at trial.
So now we will move forward with the ability to put on expert witnesses and to be able to argue to the jury that when you are balancing the harms of cutting a lock and temporarily shutting a block valve compared to the serious and imminent harms of the climate crisis, sea level rise, forest fires and everything else that is going on in terms of harm from climate change, when you balance those two things clearly the scales tip in favor of engaging in direct action to avert the catastrophic impacts of climate change.
When EcoWatch asks how a victory in Ward's upcoming case would be good news for climate activists, Regan says "it's already good news for climate activists." For example, in Minnesota, where valve turners have also been granted the right to use the necessity defense, climate activists will be able to use it to argue a case to fight the Line 3 pipeline.
Regan stresses the importance of the upcoming trial: "It will be the first time that 12 jurors will be given all of the evidence and information to actually do that weighting and that balancing," Regan says, while realizing that it's a "big ask" for the public to justify a crime for the greater good.
"We've been really trained that when the state tells you that something is a crime that you're supposed to think it's bad and you're supposed to punish them," Regan says. "In light of all of the broken systems of democracy right now in our country, more and more people are coming to the realization that we may have to fight for our own lives and not rely on global policies and the fossil fuels corruption of the democratic processes."
This trial will find out whether Americans who are not necessarily engaged in climate activism, the jurors, will agree that nonviolent direct action is justified in the face of the climate crisis, in what Regan says, will be a first.
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As protests are taking place across our nation in response to the killing of George Floyd, we want to acknowledge the importance of this protest and the Black Lives Matter movement. Over the years, we've aimed to be sensitive and prioritize stories that highlight the intersection between racial and environmental injustice. From our years of covering the environment, we know that too often marginalized communities around the world are disproportionately affected by environmental crises.
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With more than 1.7 million confirmed cases of COVID-19 in the United States and more than 100,000 deaths from the virus, physicians face unprecedented challenges in their efforts to keep Americans safe.
They also encounter what some call an "infodemic," an outbreak of misinformation that's making it more difficult to treat patients.
When Leaders and Doctors Spread Misinformation<p>When people in charge of towns, cities, states, and countries spread misinformation, the potential for belief in misinformation to result in policies can have harmful effects.</p><p><a href="https://www.northwell.edu/find-care/find-a-doctor?q=Bruce+E.+Hirsch%2C+MD&insurance=&location=&query_type=provider&physician_partners=false&default_view=list&gender=&language=&sort=relevancy" target="_blank">Dr. Bruce E. Hirsch</a>, attending physician and assistant professor in the infectious disease division of Northwell Health in Manhasset, New York, says an example of this is when President Trump informed the public he was taking hydroxychloroquine as a preventive measure.</p><p>"To approach this enormous challenge, we need some intellectual honesty and clarity, and to disregard expertise and to make decisions and model decisions based on hunches is inviting us to handle challenges on the basis of rumor and uninformed opinion. The magnitude of that error is epic," Hirsch told Healthline.</p><p>Stukus agrees, noting that the harm of this proclamation is documented.</p><p>"Early on when the president touted the benefits of hydroxychloroquine and azithromycin, people started to hoard this medicine, and state boards had to shut it down because they were getting so many prescriptions for this unproven therapy that it was not available for those who truly needed it, such as those who have lupus and autoimmune conditions," Stukus said.</p><p>He adds that calls to poison control centers increased after the president suggested using disinfectant to prevent contracting the new coronavirus.</p>
Listen to Science, Even When it Changes<p>When recommendations change or evidence flip-flops, skepticism may arise. However, Stukus says change is the beauty of science.</p><p>"That shows us that we can evolve, and if the evidence shows that our prior thoughts were incorrect, we need to be able to change our recommendations and advice based upon the best quality of evidence at the time," he said.</p><p>Pierre agrees.</p><p>"Science is an iterative process, whereby we arrive at facts and truth through repeated and controlled observations. That means that it's inherently self-correcting as we revise conclusions based on ongoing research. Scientific facts aren't immutable dogma chiseled on a tablet. They change based on the best available evidence we have at a given point in time," he said.</p><p>Because research of COVID-19 has only been underway for 6 months, information is evolving rapidly, and new information may contradict old.</p><p>"There's still much we don't know about exactly how [COVID-19] spreads, what effects it has on the body, or how to best treat it. That means that the best available evidence is preliminary, but that doesn't mean that we should ignore it or turn to other sources of information or opinion as if they're just as valid," Pierre said.</p><p>He explains that conspiracy theories based on mistrust lead to vulnerability to misinformation.</p><p>If people mistrust science because it sometimes "changes its mind," Pierre said, "that shouldn't be used to embrace other opinions based on no evidence at all, which are typically selected based on confirmation bias: what we want to believe rather than what the objective evidence supports."</p>
Where to Find the Best Information<p>Stukus says to start with the <a href="https://www.cdc.gov/coronavirus/2019-nCoV/index.html" target="_blank">CDC</a> and <a href="https://www.nih.gov/health-information/coronavirus" target="_blank">NIH</a>. Then check with your local health officials, because COVID-19 guidelines may vary depending on where you live.</p><p>If you can't find information you need or have questions specifically related to you, call your primary care doctor.</p><p>"Your personal doctor should always be a resource for individual specific questions because they know best how to apply all the nuances retaining to your health, and how to incorporate all the other general [COVID-19] recommendations," Stukus said.</p><p><a href="https://www.eehealth.org/find-a-doctor/b/boyd-laura-b/" target="_blank">Dr. Laura Boyd</a>, primary care physician at Edward-Elmhurst Health Center in Elmhurst, Illinois, says her clinic receives a lot of calls about COVID-19.</p><p>"Most doctors' offices are receiving calls and answering questions, and doing phone or video visits to help clarify and/or order testing over the phone based on patients' symptoms. It is always best to call your doctor's office first instead of worrying about symptoms and waiting too long to seek treatment," she told Healthline.</p><p>If your primary care doctor has limited testing, she suggests looking on your state's public health website for available testing sites.</p><p>With a lot of unknowns related to this virus and disease, Boyd says many patients are feeling overwhelmed and anxious for a treatment.</p><p>"Unfortunately, there is no specific medication recommended for COVID for outpatient. There are a lot of ongoing studies with various drugs going on within the hospital setting. Patients should always contact their doctors about their specific symptoms as they can treat the symptoms that go along with COVID, but there is no cure," Boyd said.</p><p>While we wait for treatment and a vaccine, Hirsch, who treats patients hospitalized for COVID-19 complications on a daily basis, says everyone can do their part by washing hands, wearing a mask, and staying 6 feet apart.</p><p>"As an infectious disease doctor working in the hospital, I see the damage of the pandemic and the worst cases of what's happening. We are trying to get the best possible outcome and confronting this overwhelming biologic reality of this terrible epidemic the best we can," Hirsch said.</p><p>Everyone at home can help in the fight too, he adds.</p><p>"Follow information that is science- and evidence-based, and avoid that which is not," he said.</p>
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