For The Wild - May 06, 2020


LAUREN REGAN on Grey Intelligence and Environmental Activism ⧸179

Topics
Homebound: Confronting Crisis with Divine Dignity with ANDREW HARVEY ⧸178 Homebound: Transforming Toxic Movement Culture with THE WILDFIRE PROJECT ⧸180

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Length

1 hour and 6 minutes

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137.29

Word count

9,163

Sentence count

416

Harmful content

Misogyny

2

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Toxicity

7

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Hate speech

5

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Transcript

Transcript generated with Whisper (turbo).
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Toxicity classifications generated with s-nlp/roberta_toxicity_classifier .
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Topics generated with Qwen2.5-3B-Instruct.
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00:00:30.000 Hello and welcome to For the Wild. I'm Ayanna Young.
00:00:38.640 Today I will be speaking with Lauren Reagan.
00:00:41.800 Lauren is the Executive Director, Founder, and Senior Staff Attorney at the Civil Liberties Defense Center.
00:00:48.100 you know when we start dealing with water shortages and food shortages and flooding and
00:00:58.220 sea level rise you and all these different consequences as that starts to affect people
00:01:03.160 more and more in their daily lives I think that we will see the lines in this battle
00:01:09.020 more clearly drawn and more and more people I believe will be joining the climate movement in
00:01:15.960 order to try and preserve some semblance of civilization for future generations.
00:01:26.380 Lauren has extensive federal and state litigation experience in both civil rights and activist
00:01:32.820 defense cases, as well as expertise in necessity and other constitutional defenses.
00:01:38.980 She has a jurist doctorate in law, bachelor degrees in political science and psychology,
00:01:44.300 and is a national expert in the defense of political activists,
00:01:48.900 particularly those engaged in climate justice, environmental animal rights,
00:01:53.300 indigenous and anti-capitalist movements and their intersections.
00:01:58.340 Lauren and the CLDC provides more than 50 Know Your Right trainings each year
00:02:03.820 to activists, immigrants, indigenous communities, rural landowners resisting pipelines,
00:02:09.820 and many other at-risk groups.
00:02:12.840 Lauren is also an Oregon State Bar Leadership Fellow, a volunteer teen court judge, and
00:02:19.000 has been given dozens of public interest attorney awards, and has been interviewed in dozens
00:02:24.080 of publications and documentary films over her 22 years of activist lawyering.
00:02:34.660 Well, Lauren, thank you so much for joining me today.
00:02:38.540 I am extremely grateful for the work you have put in over your 22-year career, and we are just
00:02:46.420 so blessed to be speaking with you. So thanks for being on For the Wild podcast.
00:02:50.980 Yeah, thanks. Yeah, whenever I hear that number, I have to actually still do the math in my head
00:02:55.900 because I think to myself, how could I be a lawyer for 22 years when I'm barely 22 myself?
00:03:03.120 But when I actually do the math and realize it has been that long.
00:03:08.540 Well, thank goodness it has.
00:03:09.660 But it doesn't feel that long, so.
00:03:11.420 Yeah.
00:03:12.600 Yeah.
00:03:13.120 Well, thank goodness we've had you doing this work for that long because I know there's
00:03:16.740 so much struggle out there.
00:03:18.180 Now, Lauren, back in September of 2019, the Washington Supreme Court set a state precedent
00:03:24.200 in recognizing the necessity defense for climate-related direct action with regards
00:03:29.180 to Ken Ward's valve-turner trial in Washington.
00:03:32.320 Now, just to clarify for listeners who may be unfamiliar, the valve-turners closed the
00:03:36.980 valves on five pipelines back in October of 2016, effectively shutting down 15% of U.S. crude oil
00:03:43.860 imports for a day. So I'd like to talk about the potential of the necessity defense and what is
00:03:50.440 its recognition say about how communities are orienting themselves to climate change?
00:03:54.780 Yeah, so we have been trying to use the choice of evils defense, or sometimes it's called the
00:04:03.640 necessity defense or the justification defense. Each state kind of has a different name depending
00:04:10.780 on the statute. We've been trying to use that defense in the climate context for about a decade.
00:04:18.240 And the way that the process works is when someone is arrested and charged with a misdemeanor or
00:04:25.700 felony, the defendant has to provide the court with notice that they intend to use this necessity
00:04:33.920 defense. So we file a one-page document that says we're going to use the necessity defense.
00:04:40.900 And normally what happens next is that the prosecutor will try to ask the court to exclude
00:04:49.100 that defense so that we can't talk about it or put on experts and testimony during the trial.
00:04:55.700 And so normally what would happen is the prosecution files what's called a motion in limini, which just is Latin for a motion to exclude evidence.
00:05:06.300 And in response to that motion, we normally will file a big giant brief that talks about why the defense is justified, what the evidence is, you know, what we intend to put on in terms of witness statements.
00:05:23.480 We load them up with everything Dr. Hansen has ever written in his career, and we file it all with the court, and we say, we should be able to put on this defense because we've got enough evidence to substantiate it.
00:05:37.540 And more often than not, in the past, the judges have ruled against us, and they have said that we don't get to talk about the necessity of climate action.
00:05:48.780 And the number one reason that they have usually given is that they claim that the climate crisis was not imminent enough because, you know, back then scientists were saying, you know, maybe we have 50 years, maybe we have 20 years.
00:06:04.960 It was not as concrete as it is today. And then the other defense that they would say is that we can't prove that this person, this defendant, was actually threatened with harm.
00:06:21.220 Because even if we believe what you're telling us about climate change, it's going to happen to island nations and places far away, and it's not going to happen in Skagit County, Washington, for instance.
00:06:33.660 And so that went on for a while until actually we had another valve turner case filed in Minnesota.
00:06:42.960 So as you mentioned, the valve turners were in four different locations.
00:06:47.200 They were in Washington, Montana, Minnesota, and North Dakota.
00:06:52.080 And so the Minnesota valve turners, we filed the necessity briefing.
00:06:58.560 And in that case, the trial court judge said, yeah, they passed the test.
00:07:04.800 They should be able to use this defense at trial.
00:07:07.800 And that was the first time that we had had a district court judge actually open up the gates and let us in.
00:07:15.840 And in that case, the prosecutor, the state of Minnesota, appealed the court's decision to let us use the defense.
00:07:24.180 So in that case, it went up to the Minnesota Court of Appeals, and the Minnesota Court of Appeals ruled in our favor and said, yeah, these activists should be able to put on the defense. And then the state of Minnesota appealed up to the Minnesota Supreme Court, and the Minnesota Supreme Court affirmed the lower court.
00:07:44.080 And so the first state to basically create precedent throughout the entire state was Minnesota to say that climate activists who can pass the test should be able to use the defense.
00:07:59.160 And, of course, Minnesota, a super important state with regard to Line 3 and a lot of fossil fuel infrastructure development that is being shoved down the throats of both indigenous communities and other communities.
00:08:15.160 And so this was a really important precedent.
00:08:17.080 So once the Supreme Court ruled in our favor, we put experts together. We had Dr. James Hansen. We had medical doctors. We had policy analysts. We had experts in the efficacy of nonviolent civil disobedience, all lined up to testify along with our clients.
00:08:37.060 Everybody was like waiting in a room to be brought out to testify. And in that trial, the prosecution goes first, they put on their case. And then once the prosecution closes, then the defendants, lawyers will normally do what's called motion for judgment of acquittal, which just basically says, hey, judge, the prosecution didn't meet their burden of proof, and you should throw out all these charges.
00:09:03.900 And in Minnesota, the defendants were facing multiple felonies. They were facing like 30 years in prison. And some of the felony charges were these new critical energy infrastructure felonies for messing with pipelines.
00:09:19.200 And so we put on an argument that we never expected to win, you know, saying the state didn't prove that these activists actually damaged the pipeline. And so, judge, you should dismiss all of these charges.
00:09:33.940 And the next thing that happened is the judge picked up a piece of paper from the bench, something that was written that he had prepared, apparently, and he began to read from this piece of paper.
00:09:49.680 And he granted our motion for judgment of acquittal, which on the one hand means that our clients were found not guilty of all of these felonies, including critical energy infrastructure.
00:10:01.560 That's a huge victory.
00:10:02.600 But on the other hand, the judge, by granting that motion, shut down our entire case and we were foreclosed from actually putting on the necessity defense that we had long prepared and dreamed of doing.
00:10:18.560 So victory, but not for the necessity defense.
00:10:22.620 And so as that case was winding through, Ken Ward's case in Skagit County was also winding its way through the process.
00:10:30.540 And in a similar process in Washington, we appealed the court's denial of the necessity defense up to the Washington Court of Appeals. And as you mentioned, the Court of Appeals ended up ruling in our favor in a very strongly worded opinion where the court says climate change is here. It's now. The harms are serious.
00:10:55.400 All of the criteria for this defense are met by what the defendants intend to put forward as evidence and testimony.
00:11:04.740 So in that case, also, the state appealed up to the Washington Supreme Court and the Washington Supreme Court affirmed the lower court's ruling.
00:11:13.760 The reason that it's significant that the state appealed all the way to the Supreme Court is when that happens, the state itself creates precedent that has to be followed across the state.
00:11:28.440 If they had not appealed the lower court's ruling, then that ruling only would have applied to the county where the court case was going on.
00:11:40.180 But because it went all the way up to the Supreme Court in each of those states, that ruling is now binding on every court in the state.
00:11:49.700 And because it went up to the Supreme Court level, now we can use those state Supreme Court decisions to say, hey, North Dakota, hey, Montana, you should rule like these other cases in these other states because the facts are identical or the facts are similar.
00:12:08.800 So that's been going on. And then, you know, to be frank, in the meantime, we recently just had a case here in Oregon with Extinction Rebellion activists in Portland, Oregon, that shut down oil trains and shut down a tar sands oil and gas facility called Zenith Energy.
00:12:29.360 And in that case, the state decided to take the tactic of not challenging us on the use of the necessity defense. And so at the trial court level, there was no objection by the prosecutor.
00:12:43.900 and just a couple weeks ago, we went through a full jury trial of being able to put on the
00:12:51.060 necessity defense. We had climate experts, we had policy and law experts, we had an academic that
00:12:57.600 testified about the efficacy of direct action, and we were able to present all of that to a jury.
00:13:04.760 And at the end of the jury trial, the judge actually was able to provide them with a jury
00:13:10.980 instruction and literally said, jurors, you are now allowed to utilize this choice of
00:13:18.420 evils necessity defense if you find that the harms of climate change are worse than the
00:13:25.480 harms of committing trespass on corporate property, then you can acquit these defendants
00:13:32.620 of the charge of criminal trespass.
00:13:34.940 And in that case, five out of six of the jurors voted to find the defendants not guilty as a result of the necessity defense. One juror held out and said that they didn't think that the defense applied. So that resulted in a hung jury.
00:13:53.820 When a hung jury happens, then the state basically has to decide whether they want to re-prosecute and go through trial all over again. And just yesterday, the state of Oregon made the decision that they were unable to proceed and that they did not want a new trial.
00:14:12.720 And so all of the charges were dismissed against the activists. And I think that that is the first of its kind in the U.S., the first time that all evidence and jury instructions for climate necessity defense have been allowed in a court proceeding.
00:14:30.780 Wow, Lauren, thank you so much for taking us through all of those details. And I'm sure there are so many more, but that was a huge educational learning for me. So thank you for sharing that.
00:14:44.440 Now, before we delve deeper into topics of activist defense and the law, I'm hoping we can highlight the long-standing connections between private companies, a booming pipeline industry, and the increase in corporate-friendly punitive legislation.
00:15:00.300 For example, the American Legislative Exchange Council, that's a mouthful, or ALEC, is responsible for the drafting of anti-protest legislation across the country.
00:15:12.580 Similarly, it was recently revealed that members of the federal government have been meeting with lawyers for various oil companies who are being sued by cities in an attempt to hold them accountable for a changing climate.
00:15:25.000 So while there is a long history of private lobbyists buying elected officials to further industry's agenda, I'm wondering if you can speak to this grave overreach when it comes to groups like ALEC and the shaping of current and future legislation.
00:15:41.500 Sure. The collusion between corporations and industry and our elected legislators is nothing new.
00:15:52.020 ALEC has been going on since the 80s.
00:15:54.400 And to be frank, ALEC got so much bad rep over the last 10 years that a lot of the anti-protest legislation, these critical energy infrastructure laws are actually not overtly being pushed around by ALEC, but by different front groups and industry groups and Koch brother type think tanks and other kind of more nefarious, more ambiguous entities.
00:16:24.400 That is unfortunately nothing new. And in fact, in our recent trial, the policy and law expert that we had on the stand basically testified that the fossil fuel industry is spending over $30 billion on media and advocacy campaigns
00:16:47.900 to try and sustain its industry and to try to confuse and manipulate the general public
00:16:55.140 into thinking that they're the good guys and that climate activists are the bad guys.
00:17:00.280 And one of the big things that he talked about was how the fossil fuel industry is subverting
00:17:06.280 our democracy, especially at the local level.
00:17:09.680 And they're doing that by saying to your state or local representatives, if you push our
00:17:17.240 legislation through, we will give you a bunch of money for your campaign. Or if you fight
00:17:24.560 against this regulation that will impact our profits, we will give you a bunch of campaign
00:17:30.760 contributions. And unfortunately, we are living in such corrupt times that by and large, legislators,
00:17:40.600 many of them are taking that bait and taking that money. Then you also have court decisions like
00:17:47.880 Citizen United and its prodigy that are basically guaranteeing corporations the constitutional
00:17:55.040 rights that belong to individuals. So there's all of these parts that are going on, whether it is
00:18:01.740 criminalizing dissent, whether it is undoing regulations. I think the Trump administration
00:18:07.820 is also a really classic example of the revolving door between corporations and very high-level
00:18:16.440 government officials. For instance, we saw at the EPA, Trump putting in an oil executive
00:18:23.680 to the highest cabinet-level position of an agency that used to regulate their corporation,
00:18:30.920 And they used to be enemies. Now they literally put the fox in charge of the hen house for some amount of time period. Then that cabinet level government official eventually leaves public service and goes back into the corporate realm with all of the ties, power connections that they accumulated while they were acting as a public official.
00:18:57.460 That revolving door of corporations working in government and then leaving government and working for the corporations is another really serious attack at our democratic principles and something that we are going to be having to fight to repair for the next decade or more once the Trump regime is run out of the White House.
00:19:21.040 Well, hopefully that happens this year.
00:19:24.360 Yes, we can all cross our fingers and toes.
00:19:26.480 Yeah, yeah, exactly.
00:19:29.200 What I usually tell activists is that type of repression, state repression is nothing new. And activism has continued to grow and thrive in spite of it.
00:19:42.060 And a big part of that is because for a lot of activists, when they are engaging in a campaign against a big industry, against a big corporation, they know that they are risking their liberty in doing that.
00:19:57.160 They know that they might get arrested. They know they might get prosecuted and convicted, but they're doing it anyway because of the greater good.
00:20:05.060 And so regardless of what kind of name a crime is given, like these critical energy infrastructure laws are a classic example.
00:20:14.460 They created a new felony when there were already half a dozen felonies that could have applied.
00:20:20.180 Somebody that's going to go in and shut down a pipeline already knows that they may go to jail for felonies as a result of doing that act.
00:20:30.080 But they have made the decision to do it anyway.
00:20:32.560 And so whether they call it felony burglary, felony sabotage, or felony critical energy infrastructure is not going to make or break that person's decision making process on whether they're going to engage in direct action or not.
00:20:48.560 The same with like corporate spying and, you know, and all these other things that are going on. For activists, they know that they're up against the state. And when I use the word the state, that means both government and the corporate state, because they are working so closely together against the people.
00:21:08.700 So we know exactly where the lines are drawn and we know what side we're on versus what side they're on. And now it's just a matter of building that mass movement of people who actually want clean water and want a livable planet versus those that are hell bent on putting billions of dollars of profits into a few people's bank accounts.
00:21:34.780 Those lines are going to become more and more clear as the dire consequences of climate change are in people's face more and more.
00:21:45.960 When we start dealing with water shortages and food shortages and flooding and sea level rise and all these different consequences, as that starts to affect people more and more in their daily lives,
00:21:59.560 I think that we will see the lines in this battle more clearly drawn and more and more people, I believe, will be joining the climate movement in order to try and preserve some semblance of civilization for future generations.
00:22:29.560 guitar solo
00:22:59.540 Is a good, thirsty, never-made
00:23:02.720 Shipwrecked by strange men
00:23:05.500 Tear-dry to cry
00:23:07.240 Tears out the ground
00:23:09.540 So they brought me a chance
00:23:15.540 On a ship like a slave
00:23:21.200 Took me way to the fall of his pain
00:23:29.540 In one way, I'm excited for that moment, that more people stand up and join the frontline
00:23:45.060 fighters. And then there's also that knowing that for more and more people to join,
00:23:51.960 that will mean that things have gotten even worse. And so it's a mixed bag of emotions
00:23:57.160 when I think about that. But thank you for speaking to all of those themes.
00:24:03.180 Also, in acknowledging those realities, we should also acknowledge that lower income people,
00:24:09.480 communities of color, like there's going to be disparate impacts on people who are already
00:24:14.460 challenged based on circumstances. So it's not necessarily a fair fight either.
00:24:20.520 Exactly. Thank you for saying that. Yeah, we see that over and over and over again
00:24:24.540 in so many ways. And we speak to that a lot on this podcast. So that's an important note to take
00:24:29.840 in. In preparing for this interview, I came across a story from The Intercept that highlighted the
00:24:35.200 questionable relationships that are forming in areas where energy infrastructure is set to be
00:24:39.580 constructed. For example, in preparation for the Jordan Cove Energy Project in Coos Bay, Oregon,
00:24:45.760 the parent company, Pembina, has poured money into the unit of the Coos County Sheriff's Office
00:24:52.100 that would be responsible for security concerns related to the project.
00:24:56.420 This, of course, is just one of the many examples where the line between public safety
00:25:00.620 and private security becomes incredibly murky. 0.99
00:25:04.400 So I'm wondering if you'd be willing to discuss the current increase of gray intelligence 0.64
00:25:08.640 and what this means for environmental activism. 1.00
00:25:12.420 Sure.
00:25:12.580 Yeah, I mean, in the LNG circumstance that you mentioned, which I'm here in Oregon,
00:25:18.840 And we've been fighting off this pipeline for over 15 years.
00:25:24.560 So this is a fight that's been going on a long time.
00:25:27.500 A new corporation, Pembina, came in and is really trying to railroad and ram the project through.
00:25:34.940 And one of the unprecedented things that has occurred is that a fossil fuel corporation has purchased public law enforcement officers to guard and protect their private corporate property.
00:25:52.660 We did extensive research around the country trying to figure out whether this had ever happened before.
00:25:59.820 And the only other example that we could find of a private corporation literally purchasing public law enforcement was in California with regard to a Google campus, I believe.
00:26:13.820 You know, one of these IT tech campuses basically hired public law enforcement officers to specifically patrol their private campus, a large, sprawling campus.
00:26:26.680 That is the only other example in the history of the U.S. that we could find where this has happened.
00:26:33.940 Now, when we started stirring the pot and making some noise about potentially mounting a legal challenge to the idea that our public tax dollars are going to go to buy cops to guard private property, now it appears that they are withdrawing that plan somewhat.
00:26:57.200 But it's unclear whether they are suspending that plan or if they actually are going back to the drawing board with it.
00:27:04.240 But, yeah, there are so many problems with the idea that a corporation will be able to have local cops doing their bidding.
00:27:15.960 I mean, it's against the basic constitutional rights, civil rights, human rights.
00:27:21.680 You know, there's all sorts of incredible problems with it.
00:27:24.840 But in some ways, it is appealing in its transparency because we know that this arrangement happens all the time on the sly without there being transparency around it.
00:27:40.680 We know that big corporations, fossil fuel industry facilities make arrangements with cops to do their bidding.
00:27:50.320 Sometimes, like I remember when I was working down in Texas, when the tar sands blockaders were fighting off Keystone XL, there were like TransCanada representatives on site that when cops were macing and gassing lawful protesters, one of the TransCanada individuals kind of walked up to the cops afterward, thanked them, shook their hands.
00:28:19.440 and then basically made some comment about replenishing their pepper spray back at the
00:28:25.300 station. We know that this is nothing new, but it certainly is bold that they are so publicly
00:28:33.400 and openly saying, we can do this now. And I think that really speaks to sort of the times
00:28:40.120 that we are in at the moment, especially with regard to the Trump regime, opening the flood
00:28:46.540 gates to these types of fossil fuel projects and profiteering. So we'll see what happens here
00:28:54.340 in Oregon. But what we also know is in the run up to this project, when Pembina took over,
00:29:04.220 we have seen through Freedom of Information Act requests that both the government and private
00:29:11.520 corporations are spying on local activists that are not doing anything illegal. You know,
00:29:18.800 they're holding meetings, they're doing public advocacy, you know, everything that is
00:29:23.500 constitutionally protected. And so probably this summer, the Civil Liberties Defense Center
00:29:29.780 is going to be filing a big, what we're kind of calling COINTELPRO second gen. And what we mean
00:29:36.840 by that is during the 60s and 70s, there was a round of litigation where the government was sued
00:29:44.240 for violating the constitutional rights of activists in illegally spying on them. And the
00:29:51.680 courts ruled that that was a violation of their constitutional rights. And they said, thou shalt
00:29:58.360 not do that anymore. And even though the courts ruled that that was illegal and unconstitutional,
00:30:04.880 We know that those programs of spying on activists never actually ended. They just sort of were driven underground. And now the modern version of that is the government working with corporations where the corporations are not even bound by the very basic rules that like the FBI are bound to.
00:30:29.940 And so what we see is the private spies doing all sorts of illegal things and things that the FBI would not be able to do. And then the private spies are turning over these investigative materials to the FBI. And then the FBI is utilizing the benefits of those ill-gotten goods, illegally obtained surveillance information.
00:30:55.480 And so we're going to basically sue both private spy agencies and the government for this collusion and say, you know, this is still illegal. It's still unconstitutional. And just because you've made this arrangement with these private spies to do the dirty work doesn't mean that it's any less illegal.
00:31:17.460 And we will basically be asking the federal courts to draw the line again and to basically tell the government that they can't be sharing information with illegal private spies as they are monitoring and conducting surveillance on lawful advocacy.
00:31:37.460 And the importance of this is if we don't have separation between the state and public activism, we are not allowed to effectively advocate against the state.
00:31:51.920 If Big Brother is literally always watching and learning what you are going to do in the future and why, it gives them so much power to be able to shut down that advocacy, either by jailing the leaders of the movement or shutting down the road before the rally gets there.
00:32:14.180 There's all different ways that the state can use that power to basically shut down all of the constitutional rights that we have to advocate against the state and its power structures.
00:32:27.340 You can look around the world and see where those protections don't exist. You see leaders, lawyers, activists being jailed and imprisoned or even murdered for their advocacy against Chevron and all sorts of other things.
00:32:43.760 So, you know, I think it becomes a very important issue of where do we really stand in the United States with regard to these freedoms. And I think that the state has been really effective, especially with the advent of social media, where there is a younger generation that has grown up without really knowing or understanding why the right to privacy is so essential in a democracy.
00:33:11.680 When you have students that have walked through metal detectors since kindergarten and who have basically given up all of their private information to Facebook or WhatsApp or Instagram, they no longer really have a lot of understanding about why there really needs to be this separation
00:33:33.340 between the state and citizenry with regard to privacy and the Fourth Amendment and your
00:33:41.960 First Amendment rights. So they've kind of really raised a generation of people who are
00:33:49.580 much less concerned about these privacy rights. They've basically grown themselves a generation
00:33:56.720 of sheep that don't have as much awareness as maybe past generations have had with regard to
00:34:02.680 that separation. Well, Lauren, in continuing with the theme of gray areas, in response to 9-11,
00:34:10.340 George W. Bush signed the 9-11 Commission Act, which allocated hundreds of millions of dollars
00:34:16.500 to the creation of fusion centers. Currently, there are over 70 of these centers across the
00:34:22.260 country. So I'm wondering if you could speak to the designated purpose of these centers,
00:34:27.400 the frequency in which they're being used, and what kind of actions are they actually monitoring?
00:34:32.680 Sure. I will premise my remarks in saying that, you know, fusion centers and calling them fusion centers is sort of another propagandist tactic of the state to make people afraid to be advocates and activists.
00:34:51.280 And so, you know, again, I would premise it by saying, like, this is really nothing new in terms of the war on dissent and activism and should not be viewed as something scary to make you stop hitting the streets or campaigning for a cause.
00:35:09.940 But basically, what they do is, A, funnel a ton of our taxpayer dollars to law enforcement, even more money going to law enforcement than currently exists, and for them to be able to have distinct streams of money being funneled away from social services and into law enforcement.
00:35:35.260 And fusion centers, what their intention was, was to allow state and local law enforcement to work more closely with federal law enforcement in order to prevent terrorism.
00:35:48.780 That was like the stated intent of them back during the George Bush era.
00:35:53.640 Now, there is no definition of terrorism in the federal and state laws, generally speaking.
00:35:59.680 There's thousands of different definitions.
00:36:02.720 Generally speaking, the government tends to define terrorism as anybody that they don't
00:36:08.460 like, but it has consistently included anti-capitalists, which often include climate
00:36:14.560 activists, environmental activists, animal rights activists, indigenous activists.
00:36:19.720 They are almost all able to be categorized as anti-capitalist, and that category has
00:36:26.060 consistently been on the dartboard of these fusion centers.
00:36:29.780 So how they practically relate is they will utilize state and local law enforcement intelligence, whether that is infiltrators or overtly uniformed law enforcement, to try and burrow themselves into local activist scenes, campaigns, etc., etc., organizations.
00:36:55.080 And then they funnel that intelligence back to these fusion centers, which are then shared around the country through mostly computer networks, databases.
00:37:07.800 So individual organizers, campaign leaders, people who are arrested are often included in these databases.
00:37:17.180 So if there is a particularly effective indigenous campaigner in northern Washington who then ends up in Texas and then maybe ends up in Minnesota, these types of databases will provide local law enforcement with that person's photo, name, background information, arrests, et cetera, et cetera, which then allows local law enforcement to target that person.
00:37:47.180 person when they, you know, end up in Minnesota, for instance. So, you know, in a lot of ways,
00:37:53.000 we all assume that the state is monitoring us and, you know, and is sharing it. So I don't
00:38:01.540 necessarily think that this is anything new or anything that people need to be particularly
00:38:07.640 concerned about. As activists, obviously, from a democratic standpoint, as a taxpayer, you know,
00:38:15.100 for all other reasons, this is like a complete waste of time and resources and really sort of
00:38:21.780 demonstrates the unfair disparities of the sides. You know, when the state is able to
00:38:30.320 have that much power and infrastructure to literally be able to monitor frontline community
00:38:37.980 organizers in every nook and cranny in the U.S., that is certainly a lot of surveillance power.
00:38:47.200 But with that power, their weakness, this behemoth's weakness, is that we the people
00:38:55.940 are nimble and many, and that giant state fusion center is never going to be able to
00:39:05.700 fully understand and control the way that grassroots activism as a non-hierarchical
00:39:13.580 movement is going to work and adapt and change and build power for itself. 0.99
00:39:20.560 So on the one hand, it's horrible, it sucks, it's ridiculous. And on the other hand, 0.99
00:39:27.020 it really goes to show how little the federal government and these big corporations
00:39:33.020 really actually understand grassroots movements.
00:39:38.200 Yeah, I think it's really important and interesting for us to understand things like fusion centers
00:39:43.960 and what's going on.
00:39:46.340 Not that it's totally behind the scenes, but isn't necessarily in many of our day-to-day
00:39:51.560 lives to be thinking or researching things like this.
00:39:53.960 I appreciate your understanding of it and also explaining to us that just because these
00:39:59.040 exist, they're nothing new.
00:40:01.000 don't stop being an activist because of this, because we are powerful and there are so many
00:40:05.580 ways in which that we can be creative and ways that, yeah, the computer systems will never be
00:40:11.580 able to fully understand or predict or stop us. So I really appreciate the way that you
00:40:18.920 explain that response. And yeah, gosh, there's literally so much I could ask you about the
00:40:25.560 surveillance state and the list goes on and on. And I know we only have an hour, so I'm really
00:40:30.680 deciding which things to not ask you in terms of facial recognition technology and all that jazz,
00:40:37.660 but there's so much for us to talk about. So I'm going to move away from the surveillance state as
00:40:42.100 much as I don't want to at the moment. Let me just add two things that are proactive on that
00:40:47.460 before we change topics. One is we strongly encourage people to use the Freedom of Information
00:40:52.960 Act and to FOIA their own files, their organization's files, and just let the
00:40:59.940 government know that, you know, there is some ability for we, the people to have some transparency
00:41:06.000 with regard to the dossiers that they're compiling on all of us. And then the second thing I will say
00:41:12.940 about that is as a result of all the FOIAs that we've done for activists and organizations,
00:41:18.440 it's almost comedic how wrong they are so often. They just get it so wrong because they are so
00:41:28.060 used to thinking in terms of like hierarchical government or corporate structures that they just
00:41:34.980 especially when they are monitoring indigenous organizers they'll be we don't know how these two 1.00
00:41:40.600 people know each other and work together well they're tribal members together idiots but they 0.99
00:41:46.140 don't they just are just off the mark so often that that's the other thing that i would just 0.99
00:41:50.680 sort of say like yeah they're surveilling us they're putting together dossiers but it's awesome
00:41:56.620 how often they are just getting it completely wrong to our benefit.
00:42:01.940 And then if we're not going to talk about facial recognition, one thing I will say about that is
00:42:06.360 what we learned during Standing Rock is that the state didn't really have to go to too much effort
00:42:13.660 to spy on water protectors because so many people were live streaming and putting video and photos
00:42:22.420 up on face crack, what we call face crack, Facebook. And state agents, law enforcement
00:42:29.280 agents, private spies just literally got paid all day and night to monitor people's Facebook
00:42:36.180 pages and live feeds. And because of the facial recognition software in Facebook,
00:42:43.380 they were able to identify anyone and everyone in videos and photos. And I remember one day in
00:42:50.700 particular, we were in a convoy out at Standing Rock to go out to the pipeline route. And the
00:42:57.160 cops stopped the whole convoy. And a bunch of cops started walking along the cars with something the
00:43:05.200 size of a laptop. And they were shining it into each of the cars. And every once in a while,
00:43:12.360 they would stop, open up somebody's car door and pull out a water protector and arrest them
00:43:19.120 right there on the spot. And what they were doing is they were using live facial recognition
00:43:25.040 to match up facial recognition from a video that they had found online of somebody graffitiing
00:43:34.280 equipment or, you know, whatever they were doing. And they were in real time matching those two
00:43:40.040 faces up and arresting people and prosecuting them as a result of basically shit that we gave 0.98
00:43:48.460 them over publicly available social media. So people really, really need to take themselves 0.95
00:43:56.960 more seriously when it comes to using social media and the facial recognition components of it.
00:44:05.020 We do a whole separate training on digital security for activists, and I would strongly
00:44:09.980 recommend that people really learn how to make themselves more safe. You can't make yourself
00:44:16.460 entirely safe. But there are ways to make it harder for the state to be able to mess with us.
00:44:24.080 And we should be doing that. We should make it as hard as possible on them to be able to spy on us
00:44:30.700 and to be able to take us down. Because the reality is when it comes to social media and
00:44:36.100 facial recognition, we're only as strong as our weakest link. If one person is posting video on
00:44:43.300 Facebook, we are all exposed as a result of that single posting. So as a movement, we really do
00:44:52.200 need to understand the risks and how to basically make our movement stronger and safer in this
00:44:59.140 current timeframe. Well, Lauren, thanks for speaking.
00:45:02.880 Now I'm ready for you to move on.
00:45:04.820 Yeah. And gosh, yeah, there's so much there. But I do want to talk a little bit more about
00:45:10.920 social media, it was something I was going to ask you about. And I think for many, the belief still
00:45:15.960 holds that visibility is unwanted in environmental activism. But I guess I'm wondering if this is
00:45:22.520 changing as a threat of climate change because climate change is becoming more obvious to so
00:45:27.800 many other people at this point. If perhaps we're entering into a time where there's actually a
00:45:33.300 tremendous amount of public support and thus safety to be found in taking actions that are
00:45:37.960 highly visible and demonstrate the power of our First Amendment rights.
00:45:42.580 Yeah. I mean, I think that Extinction Rebellion Portland case that I mentioned at the beginning
00:45:47.500 is a pretty classic example of, I think, what you're talking about. Two of the women
00:45:54.400 who were defendants in that case, one was a public school teacher for 30 years, 1.00
00:46:00.740 and the other worked as a labor organizer for 40 years. They were both retired children,
00:46:07.960 grandchildren, and they were not what you would normally think of as people who were willing to
00:46:18.540 risk arrest for activism. But their testimonies on the stand was that after they had tried every
00:46:27.880 legal alternative that they could think of to try and protect their communities, their children and
00:46:35.300 grandchildren, the planet from exacerbation of carbon emissions and climate change.
00:46:43.660 They realized that all of those efforts were futile. And the only thing left was to use their
00:46:52.640 body to disrupt the economics of the fossil fuel industry. And so they sat down on train tracks
00:47:02.820 and got arrested and ultimately luckily we won that case but their testimony basically was like
00:47:10.460 it's coming to a point where we won't have much more to lose and when you are thinking about
00:47:18.800 your legacy and how you want to be able to communicate to your children and grandchildren
00:47:25.460 you want to be able to look them in the eye and say, I tried. And for a lot of ethical people
00:47:33.620 in the world that are paying attention, those days are drawing near where more and more people
00:47:41.980 are going to have nothing left to lose than to risk arrest in basically putting their bodies
00:47:52.080 between the machines and their communities in order to try and stop the insanity of expanding
00:48:01.280 fossil fuel infrastructure, or even in the continuation of the fossil fuel industry,
00:48:07.920 especially with regard to tar sands and coal. It's just insanity that we would be continuing
00:48:13.980 to build new pipelines and new facilities to increase that kind of production right now
00:48:21.600 in the world. And the only reason that that is even viable is because of the billionaires
00:48:29.220 that are pulling the puppet strings and putting that money into their bank accounts and then
00:48:35.380 using that money and power to basically immunize themselves and their industry from what would 0.98
00:48:43.140 normally be the checks and balances of democratic accountability.
00:48:48.300 Gosh, there's so much there, Lauren. But just to clarify around the social media part, because I feel like a lot of folks will be questioning this. So in a way, we don't want to be using social media, Facebook to make things easier for the state.
00:49:04.220 But at the same time, do you not think that there is any type of safety in being more visible so that the public and the public supporters are more aware of people who may go missing or who may go into prison?
00:49:20.560 But I guess what I'm thinking is if more and more people know through social media what's going on and what activists are the leaders, will they not realize when those leaders are under threat because of social media, because of the decentralization of that form of media?
00:49:39.400 Well, I mean, I think if you look back at history, some of the strongest, tightest affinity groups and organizing structures were those that were bound together face to face and voice to voice.
00:49:56.160 The more that network expands farther distances, more individuals, the harder it is to hold tightly to the level of trust and accountability that those smaller structures have.
00:50:14.680 The labor movement, for instance, has never stopped going door to door and meeting members face to face because just those brief interactions instill loyalty and shared purpose.
00:50:30.440 And that is protection, especially somebody in New York knowing what I look like is not going to stop Nazis here in Oregon from trying to take me out.
00:50:41.180 But having a group of 50 people in my community that know me, love me, care about me are going to make sure that I stay safe in a different way.
00:50:53.260 And there's, of course, different scales to it.
00:50:56.580 But I think if you look historically at grassroots movement building, you are not necessarily thinking about what is the biggest, flashiest, most.
00:51:07.300 you're thinking about how can I build power and accountability and respect in a community that
00:51:17.920 may be asked more and more to engage in more militant action. I jokingly tell youth that we
00:51:25.760 train, if you would make a flyer and put it up on a light post, it's probably going to be okay for
00:51:33.280 face crack too. You know, if it's something that is not going to potentially harm someone,
00:51:39.580 have at it. It's too bad that we've become so reliant on social media that some people
00:51:44.740 even consider it their activism, but have at it. Where it crosses the line is when
00:51:50.100 you're using people's names, you're using photos, images that not everyone is consenting
00:51:56.960 to disclose to the state. Because I think the bottom line is, you know, when you're posting
00:52:01.480 something on Facecrack or Instagram, you should basically assume that it is going into an FBI
00:52:07.020 database. It may not be harmful to you, but can it be used by the government to psychologically
00:52:14.140 profile a movement? Can it be used for them to figure out how you pick targets, et cetera, et
00:52:20.520 cetera. So there's just a lot of factors that should be considered when utilizing that technology.
00:52:31.480 Night is young and the road bends
00:52:45.680 A shooting star and superstition
00:52:52.780 Mountain
00:52:59.680 Thank you.
00:53:29.680 Now, as we come to a close, I'd like to end on a question on the future of climate activism in recognition of the booming oil and gas pipeline business. Although right now that seems to be going the other direction because of coronavirus, but we all know that activism can take a plethora of forms.
00:53:47.140 but we must be honest and realistic in what we can contribute, where our strengths,
00:53:53.100 vulnerabilities, and capacities lie. That being said, it appears that illegal actions are becoming
00:53:58.820 our last hope for real change, whether it's in raising awareness or setting precedent through
00:54:04.040 the legal system. I also think if more people were physically putting themselves on the line,
00:54:09.060 then it would overflow the systems, the courts, the jails, etc. So there is indeed power in
00:54:14.480 numbers when it comes to direct action. So as somebody who has defended thousands of activists,
00:54:19.660 I'm wondering if you could speak to when and where you think it is appropriate for people to get
00:54:23.780 involved and how we can assess our capabilities realistically. Well, so the first thing that I
00:54:30.380 would say is people should not be thinking about this as a dichotomy between I'm either going to
00:54:38.400 engage in direct action and risk arrest, or I'm going to do something else. Because for the climate
00:54:45.680 necessity defense, part of the defense is that you need to be able to testify that you are either
00:54:52.680 utilizing now or have attempted all reasonable lawful alternatives. And what we hear from a
00:55:01.240 number of our activist clients that have successfully used the defense, what they say is
00:55:08.360 we still engage in petition gathering, going to city council meetings, doing all these lawful
00:55:16.460 means. We think that those are important, but they are just not going to win the day
00:55:22.100 on their own. Combined with economic disruption or direct action or nonviolent civil disobedience,
00:55:30.020 whatever term you want to use, when those tactics are combined with all of those other lawful
00:55:36.260 tactics. That is how the movement pushes forward, I believe. And in those circumstances, when an
00:55:43.800 activist can say that, can testify to that, then you've got a real possibility that even in the
00:55:51.360 legal system, a jury of your peers is told to balance the harms. And if you've picked the
00:55:59.080 appropriate tactic and you've done the organizing work that you should be doing anyway, it's likely
00:56:06.580 that in the community where, you know, the jurors are picked, that they are going to hear your
00:56:13.320 testimony, hear the testimony of your experts. And more often than not, the majority of those
00:56:20.640 jurors are going to rule in your favor. And that is because jurors are supposed to be the
00:56:26.720 conscience of your community. And so if you are engaging in a direct action on a pipeline,
00:56:32.200 your community lives with that pipeline. And if you're saying, I did this action because
00:56:38.440 I care about my community. I was trying to keep it safer. I care about the future of the planet
00:56:43.500 and everything about this project goes against all of those things. People of normal intelligence
00:56:50.020 are going to listen to that. They're going to look you in the eye. They're going to trust you
00:56:54.640 over some out-of-state or international corporation that on the stand will say,
00:57:02.000 legally, our number one goal is to make as much profit as possible. That is our legal requirement
00:57:08.840 is to make as much profit as possible. When those distinctions are made really evident
00:57:15.180 in a small courtroom, it is my belief that if we are allowed to utilize this defense and if
00:57:22.040 activists have ensured that they have lined up the defense properly, we will more and more see
00:57:28.780 acquittals by jurors for climate activists engaged in that way. It's important that they maintain
00:57:37.200 good, nonviolent discipline. The jurors, in that case I mentioned, one of the things that they
00:57:44.200 said was really important in finding the clients not guilty was that they were polite to the
00:57:49.840 workers and polite to the cops. That was a thing for them, that they really stuck with a pretty
00:57:56.080 strict nonviolence code, even though they were engaging in economic disruption and resistance.
00:58:03.160 Thank you, Lauren. Now, maybe this could be the last question. This feels relevant,
00:58:08.800 especially with what's going on right now with this global pandemic, disaster recovery. Now,
00:58:16.440 Now, TigerSwan, which is the private security company notorious for their violent actions and attempted suppression of the No-Daple movement, are positioning themselves to meddle in areas affected by natural disasters.
00:58:29.000 In the past couple of years, TigerSwan has responded in the aftermath of Hurricane Harvey, Maria, and Matthew.
00:58:34.340 So as someone who is familiar with TigerSwan and the way they operate, I'm wondering if you could speak to the potential threats if security companies that operate on behalf of industry start intervening in disaster recovery, what agenda will they further? And I do feel like, yeah, this is a potentially very relevant question for what we're dealing with right now.
00:58:54.080 Yeah. When private spy agencies like TigerSwan are profiting off of disasters, it is a serious
00:59:04.280 problem. That type of disaster assistance should never be privatized. That is the duty of our
00:59:12.900 government. That is what our tax dollars are supposed to go toward. The idea of outsourcing
00:59:18.940 that to private corporations whose number one goal, like I just mentioned, by law is to maximize
00:59:28.300 profits that should never, ever, ever be paired with something like disaster relief or enforcement.
00:59:36.980 And TigerSwan in particular, the founders of TigerSwan are all ex-military intelligence
00:59:43.780 people from Middle East theaters. And we have a law in the U.S. called the Posse Comitatus,
00:59:51.600 which basically says the military shall not police civilian populations. Tiger Swan is an
00:59:59.000 example of basically a military front group. The U.S. knows that they can't put people in U.S.
01:00:05.360 military uniforms and have them using attack dogs on Native American water protectors.
01:00:13.420 That would never hold water. That would never stand up to the laws. But they think by taking
01:00:20.180 those same soldiers and putting them in different uniforms and putting them on a private corporate
01:00:27.440 payroll to do those exact things is somehow legitimate or justified, I think is an incredibly
01:00:35.260 grave, slippery slope. And whether it is prisons or family detention centers or disaster relief,
01:00:44.860 the idea that a corporation would profit off of that kind of suffering, harm, misery is
01:00:54.000 unethical and extremely problematic. Absolutely. Well, Lauren, this information that you shared
01:01:02.100 with us today and also all of the trainings that you do, I feel like are just extremely necessary
01:01:09.640 and so needed right now. I'm so grateful to your knowledge and your passion and your devotion to
01:01:18.480 this work. It's just huge. And I feel like so many of us don't think about this kind of stuff until
01:01:24.840 it's potentially too late or we're already in trouble. And I think about how corporations
01:01:31.860 really, you know, they have enough disposable income to essentially bankrupt individuals once
01:01:36.940 they get in trouble with the law for activist issues. Like I'm thinking about some of the GMO
01:01:42.460 Monsanto cases where they'll just bankrupt farmers. And so I think that we really need to be aware.
01:01:49.080 We need to be aware of these things. We need to understand how to keep ourselves safe
01:01:52.520 as much as possible while also standing up for justice, for climate justice, environmental
01:01:58.500 justice, social justice. We all need a livable planet in order to survive as humans. So this
01:02:04.900 activism is, I think, extremely necessary, but also understanding the ways in which we could
01:02:11.000 potentially be harmed is also necessary. We have to be smarter. We have to really understand the
01:02:16.840 other side because, yeah, we could be bankrupt. We could go to jail. We could, who knows? I mean,
01:02:22.620 there's so many things, but those types of fear tactics that the state uses shouldn't stop us
01:02:28.600 because what's the alternative? Do nothing and then be completely destroyed by climate change?
01:02:34.460 Like there's, it's, I don't think the alternative is to do nothing, but it's very complex.
01:02:39.560 I mean, I think the goal of the CLDC is like the idea that knowledge is power. You know,
01:02:45.640 we want to build a stronger, more effective movement, but we also want people to know what
01:02:52.980 they're getting into before they get into it. For instance, with the issue you raised about
01:02:58.040 bankruptcy, one of the things that we talk about in our Know Your Rights training is if you're
01:03:03.020 going up against a litigious industry, talk with a financial consultant and see what you can do
01:03:09.560 to armor any assets that you have before you engage in anything. Because you can't move
01:03:17.000 assets once you're under threat of litigation. But there are lots of things that rich people do
01:03:23.440 all the time to make their money impenetrable. And it only takes a couple hundred bucks
01:03:29.600 to walk into an office and learn what it is that you can do to make it a little harder.
01:03:35.600 And that peace of mind will empower and embolden you to be able to take braver, maybe more tactically effective actions. So I would definitely say we do Know Your Rights for Climate Activists as webinars, as well as in person. I really strongly encourage people to make sure that they've got up-to-date information.
01:03:56.820 Part of that training is also teaching activists how the state and corporations spy on you, what they're looking for, what the goods are that they're trying to get on you so that you could at least try to protect those things.
01:04:12.200 And then the other thing is we are currently hiring more lawyers because we really believe that the movement needs access to free legal support. And that's what we've defended over 4,500 activists for free around the country.
01:04:29.240 And there's not very many of us here at the CLDC. So we're trying to find like-minded activist lawyers that are willing to come kind of join us on the front lines and to be able to plant those people in South Dakota, in Minnesota, in the front lines communities that really need that kind of legal support right now.
01:04:52.000 Well, I hope the lawyers in the audience hear that call out or the folks who are studying to be lawyers hear that call out because, yeah, we need you. We need you at the CLDC. Gosh, Lauren, I really could and could have spoken to you all day about these issues.
01:05:08.400 you're so knowledgeable and clear with your analysis. And this is fascinating at one hand,
01:05:15.380 and also it just feels like mandatory information. And you have just done so much work. It's
01:05:21.920 incredible to hear your responses and the depth of your knowledge. So thank you for coming on today.
01:05:27.700 I know you're very busy and it just, we're very grateful that you've shared this time and space
01:05:32.400 with us. Well, thanks so much for having me and, you know, down the road, if you want to
01:05:37.120 pick a particular topic, I would be happy to come back on for some more in-depth.
01:05:42.560 Okay. Well, now you really got my head turning.
01:05:45.660 Will do, Lauren.
01:05:46.640 All right. Well, thank you so much.
01:05:48.440 Yeah. Have a good one. Bye, Lauren.
01:05:50.280 Bye.
01:05:57.680 Thanks for listening to another episode of For the Wild Podcast. I'm audio producer Andrew Storrs.
01:06:04.360 The music you heard today was by Jonathan Yance,
01:06:07.660 the County Line Bandits, and Dimples.
01:06:10.680 I'd like to thank our host and founder, Ayanna Young,
01:06:13.680 as well as the rest of our podcast team,
01:06:16.760 Aidan McCray, Hannah Wilton, Francesca Glassbell,
01:06:21.220 Carter Lou McElroy, Erica Ekram, Aaron Wise, and Melanie Younger.
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