SUBHEAD: Those arrested argue saving the planet justified illegal sand pipeline shutdown.
By Jessica Corbitt on 5 October 2018 for Common Dreams -
(https://www.commondreams.org/news/2018/10/05/landmark-necessity-defense-trial-valve-turners-will-argue-saving-planet-justified)
Image above: A trial for (from left) Emily Nesbitt Johnston, Benjamin Joldersma, and Annette Klapstein regarding their participation in a 2016 multi-state protest begins on Monday. From original article.
Rejecting a challenge from state prosecutors in April, an appeals court ruled that the "valve turners" can present a "necessity defense"—and bring in top climate experts to testify. In June, the Minnesota Supreme Court denied prosecutors' petition to appeal that ruling.
The necessity defense "is a plea that, yes technically we committed a crime, but we did it to prevent a greater harm," explained Annette Klapstein, a retired attorney from the Seattle area and one of the valve turners on trial.
"We cannot work through our political system, because its values are nothing but profit," she told The Nation. "We live in an oligarchy, not a democracy."
"It's very much in the interest of the capitalist political system to make us feel powerless, to make us feel that we can't do anything," she added, but "ultimately, they cannot win if we do not consent.
If we really withdraw our consent, if we really go out there and sit down in front of the machine, eventually they can no longer operate it. And at this point, that is our only option."
Klapstein and Emily Nesbitt Johnston are facing felony charges under Minnesota law for shutting down Enbridge Energy's Line 4 and Line 67.
While Benjamin Joldersma, who assisted them, also faces charges in the case, the state has dropped trespassing charges against videographer Steve Liptay.
The Nation reports that Princeton political scientist Martin Gilens and Harvard Law School's Lawrence Lessig are among the expert witnesses slated to testify.
Dr. James Hansen, a former NASA scientist who has been called "the father of modern climate change awareness," and 350.org co-founder Bill McKibben will also testify in case, according to the activist group Climate Direct Action.
"These people deserve our respect and support," McKibben said on Twitter about the valve turners in Minnesota on Friday.
This will be the first of the valve turner cases where those on trial can present a necessity defense, as judges in three states have barred fellow activists from doing so.
In Washington, Ken Ward was found guilty of second degree burglary after his first trial ended with a hung jury. The judge used a "first-time offender waiver" to sentence him to two days in jail, which was fulfilled by time in custody after he was arrested for the 2016 action.
In North Dakota, Michael Foster was convicted of two felonies and a misdemeanor, and sentenced to three years in prison, though he only served six months and was released in August.
Sam Jessup, who livestreamed Foster's action, was convicted of a felony and a misdemeanor, and received a two-year deferred sentence with supervised probation. In Montana, Leonard Higgins was found guilty of a felony and misdemeanor. He received a three-year deferred sentence.
See also:
Ea O Ka Aina: The futility of Big Green activism 3/29/18
Ea O Ka Aina: Being green is being a terrorist 2/20/18
Ea O Ka Aina: DAPL battle not over 6/15/17
Ea O Ka Aina: Defense contractors fought NoDAPL 5/27/17
Ea O Ka Aina: Tribes divest DAPL Bankers 2/13/17
Ea O Ka Aina: Veterans defending NoDAPL 2/11/17
Ea O Ka Aina: Army Corps okays DAPL Easement 2/8/17
Ea O Ka Aina: Trump orders go on DAPL EIS 2/3/17
Ea O Ka Aina: Water Protectors pipeline resistance 2/1/17
Ea O Ka Aina: Force a full EIS on DAPL 1/27/17
Ea O Ka Aina: Missile launcher at Standing Rock 1/19/17
Ea O Ka Aina: Lockdown at Trans-Pecos Pipeline 1/10/17
Ea O Ka Aina: Standing Rock has changed us 12/9/16
Ea O Ka Aina: As Standing Rock celebrates... 12/5/16
Ea O Ka Aina: Army Corps denies easement 12/4/16
Ea O Ka Aina: My Whole Heart is With You 12/2/16
Ea O Ka Aina: The Loving Containment of Courage 12/1/16
Ea O Ka Aina: The Beginning is Near 12/1/16
Ea O Ka Aina: Feds to shutdown NoDAPL Camp 11/25/16
Ea O Ka Aina: NoDAPL people are going to die 11/23/16
Ea O Ka Aina: Hundreds of vets to join NoDAPL 11/22/16
Ea O Ka Aina: Obama must support Standing Rock 11/21/16
Ea O Ka Aina: Trump's pro oil stance vs NoDaPL 11/15/16
Ea O Ka Aina: Kauai NoDAPL Demonstration 11/12/16
Ea O Ka Aina: Obama to Betray Standing Rock 11/12/16
Ea O Ka Aina: Trump impact on Standing Rock 11/12/16
Ea O Ka Aina: Ann Wright on Standing Rock 11/8/16
Ea O Ka Aina: Turning Point at Standing Rock 11/6/16
Ea O Ka Aina: Jackson Browne vs DAPL owner 11/5/16
Democracy Now: Boycott of DAPL Owner's Music Festival
Ea O Ka Aina: World responds to NoDAPL protests 11/5/16
Ea O Ka Aina: NoDAPL victory that was missed 11/5/16
Ea O Ka Aina: DAPL hid discovery of Sioux artifacts 11/5/16
Ea O Ka Aina: Dakota Access Pipeline will leak 11/5/16
Ea O Ka Aina: Route of the Dakota Access Pipeline 11/4/16
Ea O Ka Aina: Sanders calls for stopping DAPL 11/4/16
Ea O Ka Aina: Obama hints at DAPL rerouting 11/3/16
Ea O Ka Aina: New military attack on NODAPL 11/3/16
Ea O Ka Aina: How to Support NoDAPL 11/3/16
Unicorn Riot: Tweets from NoDAPL 11/2/16
Ea O Ka Aina: Standing Rock & the Ballot Box 10/31/16
Ea O Ka Aina: NoDAPL reclaim new frontline 10/24/16
Ea O Ka Aina: How far will North Dakota go? 10/23/16
Ea O Ka Aina: Amy Goodman "riot" charge dropped 10/17/16
Ea O Ka Aina: Amy Goodwin to face "Riot Charge" 10/16/16
Ea O Ka Aina: Shutdown of all tar sand pipelines 10/11/16
Ea O Ka Aina: Why Standing Rock is test for Oabama 10/8/16
Ea O Ka Aina: Why we are Singing for Water 10/8/16
Ea O Ka Aina: Labor's Dakota Access Pipeline Crisis 10/3/16
Ea O Ka Aina: Standing Firm for Standing Rock 10/3/16
Ea O Ka Aina: Contact bankers behind DAPL 9/29/16
Ea O Ka Aina: NoDAPL demo at Enbridge Inc 9/29/16
Ea O Ka Aina: Militarized Police raid NoDAPL 9/28/16
Ea O Ka Aina: Stop funding of Dakota Access Pipeline 9/27/16
Ea O Ka Aina: UN experts to US, "Stop DAPL Now!" 9/27/16
Ea O Ka Aina: No DAPL solidarity grows 9/21/16
Ea O Ka Aina: This is how we should be living 9/16/16
Ea O Ka Aina: 'Natural Capital' replacing 'Nature' 9/14/16
Ea O Ka Aina: The Big Difference at Standing Rock 9/13/16
Ea O Ka Aina: Jill Stein joins Standing Rock Sioux 9/10/16
Ea O Ka Aina: Pipeline temporarily halted 9/6/16
Ea O Ka Aina: Native Americans attacked with dogs 9/5/16
Ea O Ka Aina: Mni Wiconi! Water is Life! 9/3/16
Ea O Ka Aina: Sioux can stop the Pipeline 8/28/16
Ea O Ka Aina: Officials cut water to Sioux 8/23/16
Ea O Ka Aina: Environmentalist going to jail 3/3/11
.
By Jessica Corbitt on 5 October 2018 for Common Dreams -
(https://www.commondreams.org/news/2018/10/05/landmark-necessity-defense-trial-valve-turners-will-argue-saving-planet-justified)
Image above: A trial for (from left) Emily Nesbitt Johnston, Benjamin Joldersma, and Annette Klapstein regarding their participation in a 2016 multi-state protest begins on Monday. From original article.
"If we really go out there and sit down in front of the machine, eventually they can no longer operate it. And at this point, that is our only option."Three activists whose landmark trial is set to begin in Minnesota state court on Monday for their 2016 multi-state #ShutItDown action—which temporarily disabled all tar sands pipelines crossing the U.S.-Canada border—will argue the action was necessary because of the threat that fossil fuels pose to the planet.
Rejecting a challenge from state prosecutors in April, an appeals court ruled that the "valve turners" can present a "necessity defense"—and bring in top climate experts to testify. In June, the Minnesota Supreme Court denied prosecutors' petition to appeal that ruling.
The necessity defense "is a plea that, yes technically we committed a crime, but we did it to prevent a greater harm," explained Annette Klapstein, a retired attorney from the Seattle area and one of the valve turners on trial.
"We cannot work through our political system, because its values are nothing but profit," she told The Nation. "We live in an oligarchy, not a democracy."
"It's very much in the interest of the capitalist political system to make us feel powerless, to make us feel that we can't do anything," she added, but "ultimately, they cannot win if we do not consent.
If we really withdraw our consent, if we really go out there and sit down in front of the machine, eventually they can no longer operate it. And at this point, that is our only option."
Klapstein and Emily Nesbitt Johnston are facing felony charges under Minnesota law for shutting down Enbridge Energy's Line 4 and Line 67.
While Benjamin Joldersma, who assisted them, also faces charges in the case, the state has dropped trespassing charges against videographer Steve Liptay.
The Nation reports that Princeton political scientist Martin Gilens and Harvard Law School's Lawrence Lessig are among the expert witnesses slated to testify.
Dr. James Hansen, a former NASA scientist who has been called "the father of modern climate change awareness," and 350.org co-founder Bill McKibben will also testify in case, according to the activist group Climate Direct Action.
"These people deserve our respect and support," McKibben said on Twitter about the valve turners in Minnesota on Friday.
This will be the first of the valve turner cases where those on trial can present a necessity defense, as judges in three states have barred fellow activists from doing so.
In Washington, Ken Ward was found guilty of second degree burglary after his first trial ended with a hung jury. The judge used a "first-time offender waiver" to sentence him to two days in jail, which was fulfilled by time in custody after he was arrested for the 2016 action.
In North Dakota, Michael Foster was convicted of two felonies and a misdemeanor, and sentenced to three years in prison, though he only served six months and was released in August.
Sam Jessup, who livestreamed Foster's action, was convicted of a felony and a misdemeanor, and received a two-year deferred sentence with supervised probation. In Montana, Leonard Higgins was found guilty of a felony and misdemeanor. He received a three-year deferred sentence.
See also:
Ea O Ka Aina: The futility of Big Green activism 3/29/18
Ea O Ka Aina: Being green is being a terrorist 2/20/18
Ea O Ka Aina: DAPL battle not over 6/15/17
Ea O Ka Aina: Defense contractors fought NoDAPL 5/27/17
Ea O Ka Aina: Tribes divest DAPL Bankers 2/13/17
Ea O Ka Aina: Veterans defending NoDAPL 2/11/17
Ea O Ka Aina: Army Corps okays DAPL Easement 2/8/17
Ea O Ka Aina: Trump orders go on DAPL EIS 2/3/17
Ea O Ka Aina: Water Protectors pipeline resistance 2/1/17
Ea O Ka Aina: Force a full EIS on DAPL 1/27/17
Ea O Ka Aina: Missile launcher at Standing Rock 1/19/17
Ea O Ka Aina: Lockdown at Trans-Pecos Pipeline 1/10/17
Ea O Ka Aina: Standing Rock has changed us 12/9/16
Ea O Ka Aina: As Standing Rock celebrates... 12/5/16
Ea O Ka Aina: Army Corps denies easement 12/4/16
Ea O Ka Aina: My Whole Heart is With You 12/2/16
Ea O Ka Aina: The Loving Containment of Courage 12/1/16
Ea O Ka Aina: The Beginning is Near 12/1/16
Ea O Ka Aina: Feds to shutdown NoDAPL Camp 11/25/16
Ea O Ka Aina: NoDAPL people are going to die 11/23/16
Ea O Ka Aina: Hundreds of vets to join NoDAPL 11/22/16
Ea O Ka Aina: Obama must support Standing Rock 11/21/16
Ea O Ka Aina: Trump's pro oil stance vs NoDaPL 11/15/16
Ea O Ka Aina: Kauai NoDAPL Demonstration 11/12/16
Ea O Ka Aina: Obama to Betray Standing Rock 11/12/16
Ea O Ka Aina: Trump impact on Standing Rock 11/12/16
Ea O Ka Aina: Ann Wright on Standing Rock 11/8/16
Ea O Ka Aina: Turning Point at Standing Rock 11/6/16
Ea O Ka Aina: Jackson Browne vs DAPL owner 11/5/16
Democracy Now: Boycott of DAPL Owner's Music Festival
Ea O Ka Aina: World responds to NoDAPL protests 11/5/16
Ea O Ka Aina: NoDAPL victory that was missed 11/5/16
Ea O Ka Aina: DAPL hid discovery of Sioux artifacts 11/5/16
Ea O Ka Aina: Dakota Access Pipeline will leak 11/5/16
Ea O Ka Aina: Route of the Dakota Access Pipeline 11/4/16
Ea O Ka Aina: Sanders calls for stopping DAPL 11/4/16
Ea O Ka Aina: Obama hints at DAPL rerouting 11/3/16
Ea O Ka Aina: New military attack on NODAPL 11/3/16
Ea O Ka Aina: How to Support NoDAPL 11/3/16
Unicorn Riot: Tweets from NoDAPL 11/2/16
Ea O Ka Aina: Standing Rock & the Ballot Box 10/31/16
Ea O Ka Aina: NoDAPL reclaim new frontline 10/24/16
Ea O Ka Aina: How far will North Dakota go? 10/23/16
Ea O Ka Aina: Amy Goodman "riot" charge dropped 10/17/16
Ea O Ka Aina: Amy Goodwin to face "Riot Charge" 10/16/16
Ea O Ka Aina: Shutdown of all tar sand pipelines 10/11/16
Ea O Ka Aina: Why Standing Rock is test for Oabama 10/8/16
Ea O Ka Aina: Why we are Singing for Water 10/8/16
Ea O Ka Aina: Labor's Dakota Access Pipeline Crisis 10/3/16
Ea O Ka Aina: Standing Firm for Standing Rock 10/3/16
Ea O Ka Aina: Contact bankers behind DAPL 9/29/16
Ea O Ka Aina: NoDAPL demo at Enbridge Inc 9/29/16
Ea O Ka Aina: Militarized Police raid NoDAPL 9/28/16
Ea O Ka Aina: Stop funding of Dakota Access Pipeline 9/27/16
Ea O Ka Aina: UN experts to US, "Stop DAPL Now!" 9/27/16
Ea O Ka Aina: No DAPL solidarity grows 9/21/16
Ea O Ka Aina: This is how we should be living 9/16/16
Ea O Ka Aina: 'Natural Capital' replacing 'Nature' 9/14/16
Ea O Ka Aina: The Big Difference at Standing Rock 9/13/16
Ea O Ka Aina: Jill Stein joins Standing Rock Sioux 9/10/16
Ea O Ka Aina: Pipeline temporarily halted 9/6/16
Ea O Ka Aina: Native Americans attacked with dogs 9/5/16
Ea O Ka Aina: Mni Wiconi! Water is Life! 9/3/16
Ea O Ka Aina: Sioux can stop the Pipeline 8/28/16
Ea O Ka Aina: Officials cut water to Sioux 8/23/16
Ea O Ka Aina: Environmentalist going to jail 3/3/11
.
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