On December 7th, 2005, seven people in four different states across the U.S. were charged by the federal government as part of the FBI's "Operation Backfire," which is investigating 16 Earth Liberation Front and Animal Liberation Front actions that took place from 1996-2002. Supposedly 19 individuals are the initial focus of the investigation, and the government stated several times in court proceedings and the media that it plans to make more arrests within the next six months. Seven people were arrested that day, including Canadian Darren Thurston, a former ALF prisoner who is allegedly the boyfriend of one of the accused, Chelsea Gerlach. Another person who was charged, Josephine Overaker, could not be found, and the government stated she was believed to be living in Germany.

The entire case is based on a snitch, Jacob Ferguson of Eugene, Oregon, who has been working with the feds since at least september 2004. One of the arrested, Stanislaus Meyerhoff, according to court documents, apparently agreed to cooperate with the government on the day he was arrested, and did in fact give information against his co-defendents. Also according to court documents, there is at least one more person cooperating with the FBI.

On the night of winter solstice, December 21st, Bill Rodgers (aka Avalon) was found dead in his Arizona jail cell of asphixiation, a plastic bag wrapped around his head. While anything is possible, my personal belief is that he did in fact commit suicide, as a letter found in his cell indicates. He was a long-term, well-loved activist known in many movements, in particular Earth First! It also may be significant that although he was in jail for two weeks, he apparently took his life on the night that news of Meyerhoff's betrayal was reported in the media.

Approximately a half dozen people were known to have been served grand jury subpoenas on December 7th. Information about this can be found at www.fbiwitchhunt.com

Grand jury and trial dates have been scheduled for February and March of 2006, though some of them will likely be postponed.

In August of 2005, the FBI testified to Congress that "The No. 1 domestic terrorism threat is the eco-terrorism, animal-rights movement" (see post below). It seems obvious now that the agency wanted to ramp up hysteria about these groups in the lead-up to the arrests. The FBI used to make these claims in 2001, but dropped them after 9/11.

The ELF/ALF have stated time and time again that they have a reverance for all life and do not attack people, but instead, inanimate corporate property. They have *NEVER* hurt anyone in any of their actions. Yet, they are being prosecuted in a manner so extreme, so vindictive, it that would be a sublime joke if it wasn't so deadly serious (people are being maliciously overcharged to the point that, if convicted, they will receive life sentences, or even multiple life sentences). Someone commented on Indymedia about a similiar case, that of Jeff "Free" Luers: "When Free was sentenced, I said that if it had been someone not politically or ethically motivated, they could have raped and murdered a child inside that SUV, then set the SUV on fire and they still wouldn't have gotten so long a sentence [22 years]."

Thanks to all the people doing jail/grand jury support (such as fbiwitchhunt.com, Northwest Grand Jury Defense Network, Earth Liberation Prisoners, and the support groups of the accused) and posting information on Indymedia (in particular Gumby Cascadia and Kirsten Anderberg).

The best sources I've found for news about the situation are: Portland Indymedia ; FBI Witch Hunt .; Earth Liberation Prisoners Support Network ; Earth Liberation Prisoners North America ; Google Search Engine ; and the support websites for the individuals arrested (see below).

My heart goes out first and foremost to the people in jail, and to Bill Rodgers (known to many as "Avalon"), who in his own words made a "jailbreak," (see the end of this article for his last words); to those whose lives have been disrupted in so many different ways by the government's witch hunt; and lastly, to those who were betrayed by the snitches, and are living in a world of hurt.

The people who have been arrested and subpoenaed are respected and thoughtful activists involved in many different groups and movements, not just earth or animal--related. They deserve the active support of conscious people everywhere! Please, write to them in jail, they are under tremendous pressure and living in horrible conditions. Also, please donate to their support campaigns, get the word out about their cases, and continue to struggle in defense of life and liberty.

No pasaran....

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Updates and Addresses for Eco-Defense Prisoners

author: Gumby Cascadia e-mail:e-mail:  gumbycascadia@yahoo.com
source: portland.indymedia.org

Here is the current information about the eco-defense prisoners... WRITE TO THEM!!

Correspondence rules for Lane County Jail included below. To be added to announcement lists for individual prisoners, write to the email addresses for each individual. Kevin and Daniel also have websites.

AT LANE COUNTY JAIL:

Chelsea Gerlach
#1308678
Lane Co. Jail
101 W. 5th Ave
Eugene, OR 97401
 freechelseagerlach@hotmail.com
NO FUTURE HEARINGS ANNOUNCED

Kevin Tubbs
#1213751
Lane Co. Jail
101 W. 5th Ave.
Eugene, OR 97401
 supportkevintubbs@gmail.com
 http://www.supportkevintubbs.org
NO FUTURE HEARINGS ANNOUNCED
*Kevin's birthday is January 18th... send cards!!

Daniel McGowan
#1407167
Lane Co. Jail
101 W. 5th Ave.
Eugene, OR 97401
 friendsofdanielmcg@yahoo.com
"announcement list"
 http://www.supportdaniel.org [there is a PDF flier on this site... please print and post it everywhere!!]
 http://www.myspace.com/danielmcgowan
HEARING: JAN.25th, 1:30pm, Fed. Courthouse, Eugene
NOTE: Daniel McGowan is an environmental and social justice activist, unjustly arrested and charged in federal court. Neither Daniel McGowan, nor his support group "Family and Friends of Daniel McGowan" are affiliated with any other organization or group and any claim to the contrary is speculation and is strongly discouraged.

Sarah Harvey
CCA
Po Box 6300
Florence, AZ 85323
(Sarah is being held at a private prison facility. Use white paper, ball-point pen in black or blue, full name on envelope, return address on letter itself, no extra enclosures until she writes back to tell you what is allowed)
NO FUTURE HEARINGS ANNOUNCED
[Editor's Note: it is unclear at this point whether or not Sarah wants support as a political arrestee, or if she wants to disassociate herself from the other people. I'm including her address because it seems better to err on the side of encouraging public support for her].

Darren Thurston
Multnomah Co. Inverness Jail
11540 Inverness Dr.
Portland, OR 97220
HEARING STATUS UNKNOWN
 freedarren@resist.ca
 http://www.freedarren.org

LANE COUNTY JAIL CORRESPONDENCE RULES:
-Inmate's full name, AIRS number, sender's full name, and return address must be plainly visible on the envelope.
-All publications must be received directly from the publisher. Hardbound books are not accepted.
-Packages - Any completely wrapped parcel more than 1/4 inch thick regardless of other dimensions is prohibited unless previously authorized by a Security Supervisor.
-Other than the canceled postage stamp, address label, and return address label attached to the front of an envelope, no item shall be glued, taped or affixed to the envelope or it's contents. (This one was checked)
-Written correspondence and drawings may be in pencil, standard ink pen, typewritten, or computer generated. No felt pens, markers, crayon, or colored pencil, etc.
-Sexually explicit material is prohibited.
-Material that threatens or is detrimental to the security, good order, or discipline of the facility. Material that facilitates criminal activity is prohibited.
-Credit or deferred billing transactions are prohibited.
-Personal Checks, payroll checks, blank paper, blank cards, envelopes, and UN-cancelled postage stamps are prohibited.
-NO FOREIGN SUBSTANCE IS ALLOWED IN OR ON ANY MAIL ITEMS.
-Polaroid-type photographs with a chemical substance on the back are prohibited. Standard photographs may be no larger than 4"x6". Inmates may possess a maximum of 10 photographs.
-Other than written correspondence, plain cards, photocopies, carbon copies, hand-made drawings, and photographs -- NO OTHER ITEMS SHALL BE ENCLOSED IN THE ENVELOPE

and remember...
When writing:
**DON'T USE NICKNAMES
**Don't discuss pending cases.
**Even if you are a lawyer, don't discuss legal information or offer
legal advice.
**Don't discuss any illegal activity.
**Be Smart - remember ALL mail is read by prison officials.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Court Report: Chelsea Gerlach Arraigned on New Charges Today
source: portland.indymedia.org
author: Gumby Cascadia

Chelsea Gerlach was arraigned on new charges today following indictments by the Federal Grand Jury in Eugene last week.

Numerous charges have been added related to an arson at Childer's Meat Company in Eugene on May 19, 1999 and another at Jefferson Poplar Farm in Clatskanie on May 21, 2001. I didn't catch the number of charges related to the Childer's fire, but she has been charged with 14 counts related to the Clatskanie fire.

The US attorney gleefully announced that Chelsea was facing 290 years in federal detention if convicted, when Chelsea's lawyer asked for another detention hearing to have Chelsea released on bail pending trial. Her lawyer also intends to file a motion for discovery tomorrow (Tuesday 12/20) as the Government has failed to turn over discovery needed to work on her defense. Her lawyer accused the Government of heaping "Multiplicitous Indictments" on Chelsea. "They are overcharging her," he stated. Her lawyer asserted that the only evidence the Government has brought forth appears to be the testimony of confidential informants. He said that he planned to bring to light more on these informants in a detention hearing set for this Thursday, Dec.23 at 1:30, since the Government appears to be relying solely on these informants and Chelsea has been held on little evidence for too long already.

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Ridiculous Multiplicity of Charges for Kevin Tubbs

12/19/05
source: portland.indymedia.org
[Report by Gumby Cascadia]

In Federal Magistrate Thomas Coffin's courtroom today, Kevin Tubbs was arraigned on 36 new charges related to the March 30th, 2001, arson at Romania Chevrolet in Eugene.

He is being charged separately for each of the 35 vehicles destroyed, and faces a mandatory minimum sentence for each vehicle of 5 years, with the maximum penalty being 20 years PER VEHICLE.

In addition, he is being charged with an Enhancement for the use of an "incendiary bomb" which carries a mandatory minimum sentence under Oregon's Measure 11 sentencing rules of 30 years.

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Eco-terrorists are now above ultra-right extremists on the FBI charts

Source: CNN (editor's note: I found this on a right-wing website)

ATLANTA, Georgia (CNN) -- Watching Eric Rudolph be sentenced to life in prison this week for his terror bombings, I wondered whether he and his followers represent the future of domestic terrorism or the past.

The FBI believes Rudolph and McVeigh are part of the past.

Instead, the agency sees a new threat: "The No. 1 domestic terrorism threat is the eco-terrorism, animal-rights movement," said John Lewis, an FBI deputy assistant director and top official in charge of domestic terrorism.

Not so fast, says a monitor of domestic terrorist groups on both ends of the spectrum.

"It is simply ludicrous to describe animal rights and eco-terrorism as the No. 1 threat," said Mark Potok of the Southern Poverty Law Center. He believes those following the paths of Rudolph and McVeigh are still a clear and present danger.

Trying to decide which is the most dangerous domestic threat - far right-wing militants or eco- and pro-animal radicals - is, in some ways, analogous to deciding whether Osama bin Laden or Abu Musab al-Zarqawi poses the biggest international threat.

Lewis said that from January 1990 to June 2004, "animal and environmental rights extremists have claimed credit for more than 1,200 [attacks], resulting in millions of dollars of damages and monetary loss."

The FBI is worried about mounting rhetoric from the Animal Liberation Front (ALF), whose members regularly break into labs, destroy equipment and threaten scientists; and the Earth Liberation Front (ELF), whose supporters attack SUVs and housing developments.

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Support the Eugene Grand Jury Resisters!

source: portland.indymedia.org
author: NWGJDN- Please forward-

As many of you know a Federal Grand Jury has convened in Eugene, OR. to allegedly investigate eco-sabotage throughout the Northwest. Grand Juries are secret government investigative bodies that strip witnesses of their basic constitutional rights. Once you have been subpoenaed to a grand jury you lose the right to remian silent, the right to hear evidence presented against you, and even the right to an attorney in the grand jury room. A grand jury can jail you without convicting you of a crime or giving you a proper trial!
The Eugene Grand Jury already seems suspicious. Those subpoenaed have already had their friends, family, and room mates harassed and intimidated by the FBI. It is up to all of us to make sure the government can not quietly trample the rights of others in our community!

So please consider making a donation, payable to Northwest Grand Jury Defense Network, and sent it to:

Northwest Grand Jury Defense Network
1037 NE 65th Street #108
Seattle, WA 98115

A website, www.grandjurydefense.org , will be up shortly giving further details on this grand jury.

homepage: homepage:  http://www.grandjurydefense.org

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Jake the Snake is FBI

source: portland.indymedia.org
author: Mongoose

Like many of us in Cascadia, my thoughts during the last month of 2005 turned constantly to those imprisoned for alleged Earth Liberation Front (ELF) arsons. Isolated, intimidated, ripped from everything they love, deprived of all but the minimum for survival, the question resounds: why? Why? WHY?

As the initial tumult subsides, the answer has become increasingly clear. The reason why many have been subpoenaed, six have been jailed, one of those jailed has taken his life and a community has been shaken to the core is this: Jacob Ferguson.

A man who has called himself "Jake the Snake" is working and has been working for the FBI.

The entire case against those still jailed seems to rest on the words, actions and credibility of this one man, a man we now learn has lived a double life. In a community where there is consensus distrust, even disgust for the federal government and especially its law enforcement operatives, Jake pretended he was one of us. He was and is one of them.

Let's look at a little of what we know of Jake from Eugene. It is perhaps most relevant to note that Jake is a heroin addict and has continued using throughout 2005. He is the father of a ten year-old that he has repeatedly failed to properly provide for. The mother was forced to take away visitation rights at times. Housemates even recently have had to care for his current partner's child while he was strung out.

While active ten years ago at Warner Creek, he is not known as a hard worker in the larger community of activists. He was less a part of the activist scene and more a part of the has-been junkie scene.

While living a life constantly outside the law, he seems to have been left largely alone by law enforcement.

According to court documents, Ferguson has been traveling around the country secretly taping private conversations, perhaps with people who thought they could trust him. The FBI has not yet revealed how long Jake has been posing this threat to everyone he knew. Jake was not the type for meetings and gatherings but we do know that Jake attended the environmental law conference (ELAW) in Eugene this year. What was the result of that fishing expedition?

We also know that Ferguson departed from past patterns and traveled to the Earth First! national gathering in the Mt. Hood National Forest this July. This was another opportunity to listen in on numerous conversations which had nothing to do with the supposed investigations. And all this time, his federal handlers could not fail to notice, if not facilitate his use of narcotics.

That might not be all the "help" he has been receiving from the feds. Days after his name was revealed in court documents and after Bill Rogers took his life, Ferguson was seen in Eugene driving around his old neighborhood in a new SUV!

How long has Jake been a federal narc? The reason this issue is critical turns on the fact that some of the alleged arsons may actually have been planned or implemented with federal law enforcement help. That could well constitute entrapment.

Right before Jeffrey "Free" Luers went on trial, 35 SUVs were burned in an action that claimed solidarity with Free but almost certainly had the opposite effect on Free's judge and jury. Might that have been the work of Jake and his handlers? Was he working for the feds even before this?

There has been much talk of a community coming together to support those in jail and under subpoena. All of their fortunes turn on the credibility of Jacob Ferguson. This is where members of the community can walk their talk and really affect the outcome.

The attorneys and private investigators working for those in jail need to hear every Jake story out there that could help free the accused. This includes law breaking, serious drug use, strange associates at the minimum. Error should be on the side of confiding, not on silence. This in one of those moments where remaining silent could literally cost someone the rest of their life.

Empathy for Jake is not inappropriate. His addiction obviously made him vulnerable to federal predators and junkie's often make terrible decisions. But let us save most of our hearts for the many people who Jake is trying to take down with him. They are either innocent people being manipulated by Jake and the feds or warriors for the Earth that have risked everything to wake up a nation working overtime to destroy a planet.

Jake has a guardian angle by the name of Uncle Sam. He'll be OK. The others have concrete, forced air, a thin blanket and a prayer. If you know anything that has any chance of helping them, please come forward now. The feds want to railroad these people fast and the defense needs to know the whole story like only this community can tell it.

Courage, please. And with love for the Earth and the Resistance.

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Mainstream News article about the snitch

source: THE ASSOCIATED PRESS
December 25, 2005

DENVER - The demise of an Oregon group suspected in the 1998 Vail arsons
and other crimes of eco-sabotage began last year with the cooperation of
one key informant.

Dubbed "cooperating witness" by federal investigators, the alleged Earth
Liberation Front insider knew names and dates, and was willing to wear a
wire to record conversations with other members.

That led to six arrests earlier this month, with two suspects saying last
week they were ready to cooperate and a third apparently committing
suicide in an Arizona jail.

The cell's collapse may be a boon to prosecutors in Oregon, Washington
state and Colorado.

The case also illustrates how federal prosecutors frequently work a cold
case - one that's old, slim on physical evidence and involves a
tight-lipped group of people living on the edges of society.

According to those familiar with such investigations, prosecutors
typically cultivate an informant who will surreptitiously record
conversations with co-conspirators and then charge who they can.

"The federal government makes a living off tapes and snitches," said David
Lane, a Denver lawyer who practices in federal court. "It's absolutely
standard operating procedure."

Federal prosecutors also look for defendants, facing potentially long
federal prison terms, to begin flipping, or offering cooperation in
exchange for leniency. That opens the door for additional charges.

Such moves could boost the Vail investigation.

Kirk Engdall, a federal prosecutor from Oregon, said: "We gathered
information from our confidential witness regarding Vail."

A source close to the Colorado investigation said that information and the
cooperation of two cell members almost certainly would move the case
forward.

The district attorney for Eagle County, where the Vail arsons occurred,
expressed a measure of satisfaction in seeing a break in the case.

"It's pretty obvious that they've been working on this ever since it
happened," said Mark Hurlbert.

Hurlbert said he can file state charges against suspects in the case,
although that is unlikely unless the federal case is thrown out on a
technicality.

The fires, set Oct. 19, 1998, to protest the expansion at the upscale ski
resort, leveled the Two Elk Lodge and restaurant on top of Vail Mountain.
The fires also razed a ski patrol headquarters and several lift buildings.
The loss was tallied at $12 million.

ELF claimed responsibility for the fires in an untraceable e-mail
communique. For five years, it stood as the group's most destructive act
of protest - one that a cadre of investigators focused their resources in
solving.

Documents filed in the Oregon and Washington state cases offer hints as to
how ELF members were able to avoid prosecution for so long.

They used fake identification to register cars. Authorities who raided the
apartment of Chelsea Gerlach, an Oregon woman who is a suspect in the Vail
fires but has not been charged, found numerous fake IDs.

Authorities said William Rodgers, charged in a firebombing in Washington
state, used three different names. Rodgers apparently killed himself late
Wednesday or early Thursday while being held in an Arizona jail, using a
plastic bag to suffocate himself.

The group members, court records say, also used code or nicknames, handles
such as "Avalon," "Rabid" and "Country Girl."

And they talked in their own lingo. Timing devices for starting fires were
called "shot glasses" or "can openers." A van was a "betty."

They shared methods of how to start fires with timers using materials
readily available at hardware stores.

Police scanners and walkie-talkies were employed to avoid detection,
according to court documents.

The counterculture personas of the alleged ELF cell members may have stuck
out in other cities, but Eugene, Ore., is steeped in activists and causes.

The city had become a haven for former Californians looking for a more
affordable lifestyle, according to Eugene resident and anarchist-author
John Zerzan.

"Why Eugene?" Zerzan asked. "Why Berkeley in the 1960s? These things just
sort of happen."

In 2004, John E. Lewis, the FBI's deputy assistant director of
counterterrorism described to the U.S. Senate Judiciary Committee the
difficulties involved in prosecuting members of ELF and a related group,
the Animal Liberation Front, or ALF.

"The animal rights extremist and eco-terrorism movements are unlike
traditional criminal enterprises that are often structured and organized,"
according to a transcript.

"They exhibit remarkable levels of security awareness when engaged in
criminal activity, and are typically very knowledgeable of law enforcement
techniques and the limitations imposed on law enforcement," Lewis said.

Defense lawyers representing ELF members have telegraphed at least one
prong of their strategy, which is to attack the credibility of the "serial
arsonists" upon which the government is relying to build its case.

And because the lead federal prosecutor in the case said the same
informants have information about the Vail fires, the same strategy may
play out in Colorado if the Vail arson investigation results in charges.

Court documents show an effort by federal agents to steel their case
against such attacks.

A search affidavit written by an FBI agent in the case carefully described
how investigators had their informant record numerous conversations with
alleged ELF members.

And they used the document to explain how they corroborated information
from the witness. When the informant said that an ELF member left a van at
a Washington repair shop during an arson mission, agents confirmed that
the vehicle indeed had been abandoned there.

Defense lawyers already have begun to question the credibility of the
evidence in the case.

In pleadings filed last week in federal court in Eugene, the lawyer for
Chelsea Gerlach said the case rested on "tainted witnesses" who bring
considerable baggage to the case.

One witness the government is relying on is Jacob Ferguson, according to
Gerlach's lawyer, Craig Weinerman. Ferguson, Weinerman contends, is a
"cooperating witness" who took part in the arsons but has not been
charged.

Another witness is Stanislaus Meyerhoff, a high school classmate of
Gerlach's who has been charged but not for every crime he admitted to
participating in, according to court pleadings.

"Mr. Ferguson admits setting the fires, and somehow he gets a pass,"
Weinerman said in court last week. "We should consider the source."

~~~~~~~~~~~~~~~~~~~~~

Arrest and Search Affadavit re: Recent Arrests

author: Gumby Cascadia e-mail:e-mail:  gumbycascadia@yahoo.com
source: portland.indymedia.org

Following is a Word format copy of a publicly available arrest and search affadavit from FBI Special Agent John L. Ferreira. Its dissemination is meant to inform and educate, not to cause further speculation. This document is public record and may be disseminated widely.

AO 442 (Rev. 12/85) Warrant for Arrest
I
United States District Court
District of Oregon

UNITED STATES OF AMERICA
v.
JOSEPHINE SUNSHINE
OVERAKER, aka LISA
RACHELLE QUlNTANA and/or
MARlA QUINTANA

WARRANT FOR ARREST

CASE NUMBER 04-2028

To: The United States Marshal and any Authorized United States Officer

YOU ARE HEREBY COMMANDED TO ARREST JOSEPHINE OVERAKER, aka LISA RACHELE QUINTANA, and/or MARlA QUlNTANA and bring her forthwith to the nearest magistrate to answer a(n)
Indictment, Information, X Complaint, Order of court, Violation Notice, Probation Violation Petition
charging her with identify theft, in violation of Title 18 United States Code, Section 1028(a)(7).

Name of Issuing Officer: Thomas M. Coffin
Title of Issuing Officer: United States Magistrate Judge
Date and Location: Eugene, Oregon

Bait fixed at "detention"
Name of Judicial Officer: by Thomas M. Coffin

RETURN
This warrant was received and executed with the arrest of the above-named defendant at
Date Received
Date of Arrest
Name and Title of Arresting Officer Signature of Arresting Officer

AFFIDAVIT FOR SEARCH WARRANTS

I, John L. Ferreira, being first duly sworn, depose and say:

INTRODUCTION

1. I am a special Agent with the Federal Bureau of Investigation ("FBI") and have been so employed since September 1978. For the past ten years, I have been assigned to the Eugene Resident Agency of the ("FBI") working numerous federal violations to include domestic terrorism matters, more specifically arson, and destruction of property claimed by the Animal Liberation Front (ALF) and the Earth Liberation Front (ELF).

2. The information set forth in this affidavit includes facts gathered by myself, and information provided to me by other federal and state law enforcement officers. Unless I indicate otherwise, statements that I attribute to various persons are set forth in substance only.

3. This affidavit is being submitted for the purpose of obtaining four separate search warrants and a seizure warrant in connection with the continuing investigation of a number of arsons committed in the Northwest by persons associated with the ALF/ELF movement. Three of these arsons are more specifically described in paragraph 4 below. Because this affidavit is presented solely to establish the probable cause necessary to justify the issuance of these warrants, it does not necessarily

AFFIDAVIT - Page 1

Include all of the information known to me about the matters presented in the affidavit. Authority is being sought to search the following premises: the residences of Stanislas Meyerhoff, 414 Four Seasons Drive, Charlottesville, Virginia; Kevin Tubbs, 520 South 71st Street, Springfield, Oregon; Daniel McGowan, 510 East 13th Street, Apartment 14, New York, New York; and the residence and business of William C. Rodgers, 109 N-A McCormick Street, Prescott, Arizona. The items for which affiant and others under his direction will be searching include: certain evidence of association among co-conspirators, including address and/or telephone books, personal diaries and photographs; evidence of communication among co-conspirators, including correspondence, voice mail, computer e-mail and web-site messages; evidence of false identification used or possessed by co-conspirators, including identifications of Ronald Calloway, Dylan Kay, and Jamie Moran; evidence of association of co- conspirators with ALF/ELF, including publications or communiqués by or related to ALF/ELF, lists of potential victims, and manuals on how to construct incendiary devices, both written and on computers; evidence of financial and telephone records, including credit card statements, receipts, checks, bank statements, and telephone bills; and two way radios, including hand-held radios or walkie talkies, person to person communicators, scanners and documents or lists of scanner codes. Additionally, authority is

AFFIDAVIT - Page 2

being sought to seize a 1989 blue/silver Toyota pickup truck registered to Rodgers, Your affiant believes these items constitute evidence in, or are relevant to, the continuing investigation of a number of Northwest arsons, including those specifically described in paragraph 4 below and committed in violation of Title 18, United States Code, Section 844(i), Title 18, United States Code Section 844(n), Title 18, United States Code Section 924 (c), and Title 18, United States Code, Section 372.

4. A cooperating witness (CW) who has proven very credible, identified an ALF/ELF cell which was responsible for several ALF/ELF claimed arsons to include the arson at t h e Animal and Plant and Health Inspection Services Facility (APHIS] in Olympia, Washington on June 21, 1998, the arson at Superior Lumber Company in Glendale, Oregon on January 2, 2001, and the arson at Jefferson Poplar Farm, 79214 Collins Road, Clatskanie, Oregon on May 21, 2001. The CW participated in the arsons of the AHPHIS Facility and the Superior Lumber Company Office. The CW participated in the planning ("dry run") of the arsons of the buildings at Jefferson Poplar Farm. The CW provided details of the arsons to include the incendiary devices used, the placement of the devices, and the description of the targeted area most of which matched the fire cause investigation conducted by the Alcohol, Tobacco, Firearms a n d Explosives (ATF) and other State

AFFIDAVIT - Page 3

and Local fire investigators. The CW also provided details of the dry run of Jefferson Poplar Farm which were corroborated by separate consensual tape recordings of conversations between the CW and Meyerhoff and the CW and McGowan. Additionally, the CW indicated that two-way radios and scanners were used by the co- conspirators who participated in each of the arsons.

APHIS FACILITY ARSON

5. In a debriefing of the CW during the period September 21 through 23, 2004, the CW provided the following information regarding the arson at the APHIS Facility in Olympia, Washington on June 21, 1998:

a. On or about June 20, 1998, the CW, Kevin Tubbs, and Josephine Sunshine Overaker drove from the Eugene, Oregon area to Olympia, Washington to commit the arson of the APHIS Facility. They were in a van registered in Tubbs' false name of Ronald Calloway. The plan was to commit two ALF arsons at the same time. The other arson was planned by another cell, targeting the Animal Damage Control Facility, also in Olympia, Washington. Tubbs communicated with Joseph Dibee, also known as Seattle, who was part of the other cell. Dibee was to supply the timers for the incendiary devices for both arsons. The CW, Tubbs and Overaker also planned to meet William C. Rodgers, also known as "Avalon," who

AFFIDAVIT - Page 4

resided in Olympia, Washington, and together commit the arson of the APHIS Facility.

b. On the way to Olympia, Washington, the CW, Tubbs and Overaker stopped in Tacoma, Washington to shoplift item s for their pre-planned arson, Overaker was arrested for shoplifting sponges and a mag light at Home Base, Tacoma, Washington. Because Overaker was arrested, the CW and Tubbs decided to contact Dibee to call off the two arsons. The CW and Tubbs were unable to contact Dibee. In the meantime, the CW and Tubbs were having trouble with their van, but were able to temporarily fix it and meet Rodgers. Overaker, who was released from jail, was with Rodgers. They decided to commit the arson of the APHIS Facility since they were unable to contact Dibee to call off the other planned arson. Overaker was told to find an alibi as she was not permitted to participate in the arson because of her earlier arrest.

c. Because they were unable to meet Dibee who was to supply the timers for the incendiary devices, Rodgers purchased lighter sticks (fire starters) at a store in Olympia, Washington that were to be used in lighting the fuel. With Tubbs driving, the CW, Tubbs and Rodgers traveled to Olympia, Washington in Rodgers's

AFFIDAVIT - Page 5

truck. The CW and Rodgers set the incendiary devices (buckets of fuel and the lighter sticks) at three locations on the outside of the APHIS Facility, and the two of them then set the fire at the three locations.

d. After setting the fire, the CW, Tubbs and Rodgers drove to the Federal Way, Washington area where Tubbs had' parked his van. Overaker was w a i t in g for them in the area where the van was parked. Tubbs and Rodgers drove in Rodgers' truck to Olympia, Washington where Tubbs dropped Rodgers at his then residence. Tubbs used Rodgers' truck and drove to Springfield, Oregon.

e. The CW and Overaker stayed with the van. The CW tried to fix the van, but failed. The CW left the van at an automotive business, and the CW and Overaker then hitch-hiked back to Eugene, Oregon.

6. On December 10, 2004, I placed a body recorder on the CW who had agreed to record a conversation with Tubbs, The CW and Tubbs talked about Josephine Sunshine Overaker being arrested for shoplifting just prior to the arson at the APHIS Facility in Olympia, Washington.

7. Independent investigation determined that Overaker was arrested on June 20, 1999, for shoplifting in Tacoma, Washington. The arson at the APHIS Facility, which was claimed by the ALF,

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occurred on June 21, 1998. Also, there was a second arson at the Animal Damage Control Facility in Olympia, Washington, which also occurred on June 21, 1998, shortly after the arson at the APHIS Facility.

8. Investigation identified the van registered to Ronald Calloway being abandoned at E a g l e Tire and Automotive, 1515 South 344th Street', Federal Way, Washington on June 22, 1998 (the day after the arson at the APHIS Facility).

9. On June 16, 2005, I placed a body recorder on the CW who had agreed to record a conversation with Tubbs. The CW asked Tubbs about his abandoned van. Tubbs replied that "someone signed the permission slip to have it, like salvaged or whatever."

10. On November 18, 2005, I placed a body recorder on the CW who had agreed to record another conversation with Tubbs. Tubbs and the CW discussed the arson at the APHIS Facility. Tubbs talked about a "friend" (Dibee) who failed to show up with the "shot glasses or can opener" (timing devices), but left the area because the CW, Tubbs, Rodgers, and Overaker were late getting to the staging area,

11. The CW's account of how the arson took place and the method of ignition was also consistent with the ATF fire investigation. Fire investigators from ATF determined that at the APHIS Facility, there were three independent areas of origin

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and that accelerants were used. An ATF report regarding the arson states: "Ignition is more probably than not by hand held flame." Fire investigators at the scene collected melted white plastic and wire bucket handles which were consistent with the CW's statement that they used white plastic buckets. The ATF laboratory also identified the "remains of a wood/wax based fire starter". This is consistent with the information provided by the CW that Rodgers used Duraflame Firestart Barbeque lighters to light some of the buckets of fuel.

Superior Lumber Company arson

12. In a debriefing of the CW during the period September 21 through 23, 2004, the CW provided the following information regarding the arson at the Superior Lumber Company office in Glendale, Oregon on January 2, 2001: The CW, Tubbs, Stanislas Meyerhoff, Daniel McGowan, and McGowan's ex-girlfriend, Suzanne M. Savoie, also known as " India, " drove to Glendale, Oregon to commit the arson of the Superior Lumber Company office. McGowan and Savoie were the lookouts or watchdogs. Tubbs was the driver of the van the CW called "Betty." The CW and Meyerhoff scouted the office area of Superior Lumber Company. Tubbs drove the van around to the back parking area to deliver the incendiary devices. The CW and Meyerhoff set the incendiary devices outside of the Superior Lumber Company office building, and left the area in the van.

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13. Investigation revealed that on January 2, 2001, the arson at the office of Superior Lumber Company occurred, and was claimed by the ELF. The CW provided details of the arsons to include the incendiary devices used, the placement of the devices, and the description of the targeted area, nearly all of which matched the fire cause investigation conducted by ATF.

14. On April 2, 2005, I placed a body recorder on the CW who engaged in a conversation with McGowan. McGowan talked about the "Glendale thing" and that "You were losing gas in Betty (the van) and you had to like rub soap or something, or a panty hose or something on the fuckin' O ring. Do you remember that? Every like couple miles or something ridiculous. You know what I'm saying?"

15. On July 18, 2005, 1 placed a body recorder on the CW who engaged in a conversation with Meyerhoff. Meyerhoff stated, regarding Glendale, "It was super smooth. It wa-, it operated well. It all went super smooth except for the fuckin' van starting to break down in the middle of the fucking drive down."

Jefferson Poplar Farm arson
16. In a debriefing of the CW during the period September 21 through 23, 2004, the CW provided the following information regarding the arson at Jefferson Poplar Farm in Clatskanie, Oregon on May 21, 2001: Approximately six months prior to the arson, the CW, who was living in Portland, Oregon with Overaker,

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was visited by Tubbs, Meyerhoff, Chelsea Gerlach and McGowan. They asked the CW to accompany them for a dry run of an unknown location. They drove across the State of Washington border and later crossed back over into Oregon. The CW recalled driving over railroad tracks and to a farm.

17. On December 10, 2004, the CW was driven out to Jefferson Poplar Farms with me. Before we came to any railroad tracks, the CW stated to me that there were railroad tracks shortly ahead. A short distance later, we were able to observe and drove over the railroad tracks. The CW recalled the farm area.

18. On June 28, 2005, 1 placed a body recording device on the CW. The CW met Meyerhoff and they talked about the arson at the Jefferson Poplar Farm. Meyerhoff stated "Towards the end, you know, I'd make the burgers (timing devices) and it kept happening. You remember that double, well you were there...Double whammy? We did two the same time. Washington and Oregon at the same time." Meyerhoff continues by saying "This is what ended up happening is half of it, half of it went... like trucks all went, you know?...half of it went in the shed and the office and relevant stuff, like there were two on there."

19. Investigation revealed that there were two arsons on May 21, 2001 that were claimed by ELF: one was at the Jefferson Poplar Farm in Clatskanie, Oregon, and the other at the

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University of Washington in Seattle, Washington. Investigation also confirmed the details provided by Meyerhoff regarding the setting of the incendiary devices at Jefferson Poplar Farms.

20. On April 2, 2005, I placed a body recording device on the CW who engaged in a conversation with McGowan. McGowan said "Well, yeah, Poplar, they basically, they got an intact one. This uh, didn't work. It (timing device) was submerged though, urn... Yeah (in a bucket). It didn't work, actually they probably have two, two, two of them, from the same spot."

21. Investigation confirmed what McGowan was talking about regarding the setting of the incendiary devices at Jefferson Poplar Farms and that timing devices did not ignite. Found at the scene was a "fanny pack," submerged in a bucket of fuel. The CW had earlier advised me that timing devices were typically brought to the scene of the arsons in backpacks or similar gear. Intact incendiary devices were also recovered at Jefferson Poplar Farms.

Association and Communication Among Co-conspirators

22. On April 1, 2005, I placed a body recording device on the person of the CW, who engaged in a conversation with McGowan. McGowan advised the CW that he keeps in touch with "India" (Savoie), and that they write letters to each other. McGowan also talked about meeting Lacy Phillabaum, girlfriend of Meyerhoff, in the near future.

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23. On April 2, 2005, I placed a body recording device on the person of the CW, who engaged in a conversation with McGowan. McGowan advised the CW that he tries to keep in touch with people (cell members) to make sure everything is alright, and that they did not find religion and/or money, which are the only ways people will talk to law enforcement. McGowan also mentioned tracking down the "punk kids" (a couple who helped with the arson at Jefferson Poplar).

24. On August 15, 2005, I provided a body recording device to the CW, who engaged in a conversation with McGowan. McGowan advised the CW that he talks to India (Savoie) every couple of months.

25. On August 15, 2005, I placed a body recording device on the person of the CW, who engaged in a conversation with McGowan. McGowan advised the CW that he researches on the internet for updates on ALF/ELF arson investigations and information about grand juries.

26. On November 18, 2005, I placed a body recording device on the person of the CW, who engaged in a conversation with Tubbs. Tubbs advised the CW that he is expecting an email from "Kara" (Rebecca Rubin), who is a cell member and who participated in at least one ALF/ELF claimed arson with Tubbs and Meyerhoff. Tubbs also mentioned that he is expecting a telephone call or email from Meyerhoff.

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Association with ALF/ELF
27. On January 8, 2005, I placed a body recording device on the CW who engaged in a conversation with Tubbs regarding I discovering an ALF/ELF pamphlet in his house. Tubbs advised the CW that the pamphlet was in his belongings for the past ten years, and when he found it, he got rid of it.

28. On August 15, 2005, I provided a body recording device to the CW who engaged in a conversation with McGowan. McGowan talked about discovering a copy of the Rodgers' manual "Setting Fires with Electronic Timers," at an unknown storage unit for an environmental office in New York City. McGowan stated to the CW that he made copies of the manual and was going to distribute the m to continue to educate extremists in how to build destructive devices.

29. On November 25, 2005, I placed a body recording device on the person of the CW who engaged in a conversation with Rodgers. Rodgers advised the CW that he stopped working on his manual ("Setting Fires with Electronic Timers") about a year and a half ago and has not done anything with it since then. He continued by stating that if he had completed the manual in 2001, young people, who were committed to the destruction of property on behalf of the ALF/ELF, would have avoided being arrested. Rodgers also mentioned that he has all the "zines" (magazines and other publications of the ALF/ELF) under his control.

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30. Investigation identified Rodgers as operating an Infoshop and Bookstore (anarchist bookstore) at 109 N-A McCormack Street, Prescott, Arizona, where he resides in the back part of the store.

Use and Possession of False Identification by Co-conspirators
31. On June 16, 2005, I placed a body recording device on the CW who engaged in a conversation with Tubbs about Tubbs' alias of Ronald Calloway. Tubbs advised the CW that in approximately May 2005, he received a notification from the local courts regarding jury duty under the name of Ronald Calloway.

32. Investigation confirmed that Tubbs utilized the false name of Ronald Calloway, a former friend from Nebraska. A copy of an Oregon Department of Motor vehicles driver's license photograph of Calloway was obtained and the photograph is identical to Tubbs.

33. On April 1, 2005, f placed a body recording device on the person of the CW, who engaged in a conversation with McGowan regarding the use of Jamie Moran as a false identity.

3 4. Investigation h as revealed that for the past seven years, McGowan h as used the false names of Djenni McGowan, Dylan Kay, and Jamie Moran. McGowan has also used the street names or forest names of Sorrell and Rabid.

35. For the past year, I have recorded several conversations between the CW, Meyerhoff, Tubbs, and McGowan.
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During these conversations, they used aliases such as Jack or Country Boy for Meyerhoff; Sorrel or Jamie Moran for McGowan; and Bobby Pants or Bob, for Tubbs.

Financial and Telephone Records
36. Based upon my training and experience, including participation in other domestic terrorism investigations, and extensive discussions with other experienced FBI agents and state and local officers, I have probable cause to believe and do believe that persons generally, including individuals involved in domestic terrorism groups, and specifically Meyerhoff, Tubbs, McGowan and Rodgers, typically maintain financial and telephone records including credit card statements, receipts, checks, bank statements and telephone bills as part of their personal records for purposes of preparing personal tax returns, reconciling checkbooks, and verification of purchases and/or payments. These documents may be relevant to this investigation because they may establish relationships, payments among co-conspirators, locations and timing of where co-conspirators were in relation to the destruction of property and/or arsons, and purchases of components of incendiary devices and other necessary clothing and tools used in the commission of the destruction of property and/or arsons.

Two Way Radios and Scanners
37. On July 18, 2005, I placed a body recording device on

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the CW who engaged in a conversation with Meyerhoff. Meyerhoff stated to the CW that he was in the process of getting rid of some of his belongings, including "those radios." CW suggested that Meyerhoff ask Tubbs if he wanted the radios. In a subsequent communication, Meyerhoff informed the CW that he was keeping one (scanner).

Blue/Silver Toyota Pickup

38. I was informed by the CW that Rodgers used an older blue/silver Toyota pickup to transport the incendiary devices and the CW and Tubbs to the APHIS Facility arson. Investigation identified a 1989 blue/silver Toyota pickup registered to William C. Rodgers, Idaho license plate 2TF8170. The CW further informed @ me that Rodgers was using the same pickup during the meeting in Western Colorado where they discussed the planned arson at the Vail Ski Resort in October 1998. On November 26, 2005, I observed Rodgers' pickup-parked in the back parking lot of 109 N- A McCormack Street, Prescott, Arizona.

Confirmation of Residences

39. 1 was informed by Special Agent (SA) Joseph Kincaid, New York FBI, that McGowan is currently receiving mail under the name of Daniel McGowan, at 510 East 13th Street, Apartment 14, New York, New York. On December 1, 2005, 1 was informed by Eugene Police Detective Greg Harvey that he had observed McGowan enter the building located at 510 East 13th Street, New York, New

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York. On November 30, 2005, SA Victor A. Arocho, New York, FBI, advised me that 510 East 13th Street, Apartment 14, New York, New York, is a six floor multi-apartment dwelling with a red brick face and a front locking door with approximately 25 apartments. Apartment 14 is located on the fourth floor with number "14" on the door.

40. I was informed by SA Steve Duenas, Charlottesville, Virginia FBI, that Meyerhoff resides at 4 1 4 Four Seasons Drive, Charlottesville, Virginia, SA Duenas conducted a surveillance of the residence and located Meyerhoff's vehicle parked near the apartment. SA Duenas also checked with Virginia Department of Motor Vehicles which revealed Meyerhoff obtained a driver's license on which he listed his address as 414 Four Seasons Drive, Charlottesville, Virginia. On December 1, 2005, I spoke with SA Denise Rhoades, Charlottesville FBI, who informed me that 414 Four Seasons Drive, Charlottesville, Virginia, is one of approximately three units of a grayish two story building, and 414 is the corner unit on the first floor. She also told me that all units of the building have white trim around the doors and windows and a dark green front door, and that the numbers "414" on the corner unit appear in black just left of the front door.

41. On November 25, 2005, Detective Gregory Harvey, Eugene Police Department, entered Catalyst Infoshop and Bookstore, 109 N-A McCormick Street, Prescott, Arizona, and observed Rodgers in

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the kitchen area in the back of the Infoshop and Bookstore building. Detective Harvey informed me that it appears Rodgers is living in the back part of the building. On November 25, 2005, the CW agreed to record a conversation with Rodgers, who advised that he resides in the Infoshop and Bookstore building. SA Doug Litner, Flagstaff FBI, advised me that the Catalyst Infoshop and Bookstore is a two story wood framed building, orange and yellow in color with purple trim, and there is a sign located by the entrance of the building, which states Catalyst Infoshop and Bookstore, 109 N-A McCormack Street, Prescott, Arizona.

42. During numerous surveillances, Tubbs or Tubbs' vehicle were observed at his residence, 520 South 71st Street, Springfield, Oregon. The CW met Tubbs at his residence on several occasions, as recently as August 15, 2005. A check with Lane County Property records revealed that Tubbs owns the residence located at 520 South 71st Street, Springfield, Oregon, with Michelle Page. On November 30, 2005, Detective David Burroughs, Eugene Police Department, advised me that 520 South 71st Street, Springfield, Oregon, is a two story cinder block dwelling, white in color with a carport on the north side, and the number "520" in brown wooden numbers on the carport. Detective Burroughs also advised me that there is an unattached white wooden shed on the northeast corner of the backyard of 520

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South 71st Street, Springfield, Oregon.

Forensic Analysis of Computers

43. SA Paul Mueller has advised that based upon his knowledge, training and experience, and that of the Computer Analysis and Response Team ("CART") unit at the Portland Regional Computer Forensic Laboratory (RCFL) and the Portland Division of the FBI, computer files or remnants of such files can be recovered months or even years after they have been downloaded onto a hard drive, deleted or viewed via the Internet. Electronic files downloaded to a hard drive can be stored for years at little or no cost. Even when such files have been deleted, they can be recovered months or years later using readily-available forensics tools. When a person deletes a file on a home computer, the data contained in the file does not actually disappear; rather, that data remains on the hard drive until it is over written by new data. Therefore, deleted files, or remnants of deleted files, may reside in free space or slack space - that is, in space on the hard drive that is not allocated to an active file or that is unused after a file has been allocated to a set block of storage space - for long periods of time before they are overwritten. In addition, a computer's operating system may also keep a record of deleted data in a "swap" or "recovery" file. Similarly, files that have been viewed via the Internet are automatically downloaded into a

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temporary Internet directory or "cache." The browser typically maintains a fixed amount of hard drive space devoted to these files, and the files are only overwritten as they are replaced with more recently viewed Internet pages. Thus, the ability to retrieve residue of an electronic file from a hard drive depends less on when the file was downloaded or viewed than on the particular user's operating system, storage capacity, and computer habits.

44. SA Mueller has advised that based upon his knowledge, training and experience, and that of the CART unit at Portland Regional Computer Forensics Laboratory, searching and seizing information from computers often requires agents to seize most or all electronic storage devices (along with related peripherals) to be searched later by a qualified computer expert in a laboratory or other controlled environment. This is true because of the following:

a. The volume of evidence. Computer storage devices (like hard disks, diskettes, tapes, laser disks) can store the equivalent of millions of pages of information. Additionally, a suspect may try to conceal criminal evidence; he or she might store it in random order with deceptive file names. This may require searching authorities to examine all the stored data to determine which particular files are evidence or

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instrumentalities of crime. This sorting process can take weeks or months, depending on the volume of data stored, and it would be impractical and invasive to attempt this kind of data search on-site.

b. Technical requirements. Searching computer systems for criminal evidence is a highly technical process requiring expert skill and a properly controlled environment. The vast array of computer hardware and software available requires even computer experts to specialize in some systems and applications, so it is difficult to know before a search which expert is qualified to analyze the system and its data. In any event, however, data search protocols are exacting scientific procedures designed to protect the integrity of the evidence and to recover even "hidden," erased, compressed, password-protected, or encrypted files. Because computer evidence is vulnerable t o inadvertent or intention a modification or destruction (both from external sources or from destructive code imbedded in the system as a "booby trap"), a controlled environment may be necessary to complete an accurate analysis. Further, such searches often require the seizure of most or all of the computer system's input/output peripheral devices, related software, documentation,

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and data security devices (including passwords) so that a qualified computer expert can accurately retrieve the system's data in a laboratory or other controlled environment.

45. Based upon the above information, as well as my training, experience, participation in other domestic terrorism investigations, and extensive discussions with other experienced FBI agents, and state and local officers, I have probable cause to believe and do believe that there will be found in the premises of Stanislas Meyerhoff, 414 Four Seasons Drive, Charlottesville, Virginia, Kevin Tubbs, 520 South 71st Street, Springfield, Oregon, Daniel McGowan, 510 East 13th Street, Apartment 14, New York, New York, and William C. Rodgers, 109 N-A McCormick Street, Prescott, Arizona, certain evidence of association among co-conspirators, including address and/or telephone books, personal diaries and photographs; evidence of communication among co-conspirators, including correspondence, voice mail, computer e-mail and web-site messages; evidence of false identification among co-conspirators, including identifications of Ronald Calloway, Dylan Kay, and Jamie Moran; evidence of association of co-conspirators with ALF/ELF, including publications ox communiques by or related to ALF/ELF, list s of potential victims, and manuals on how to construct incendiary devices, both written and on computers; evidence of

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financial and telephone records, including credit card statements, receipts, checks, bank statements and telephone bills; and two way radios, including hand-held radios or walkie talkies, person to person communicators, scanners and documents or lists of scanner codes, Additionally, I have probable cause to believe and do believe that a 1989 blue/silver Toyota pickup bearing Idaho license plate # 2TF8170, and registered to Rodgers will be found in close proximity to Rodgers' residence. These items constitute evidence of, or are relevant to, the continuing investigation of the three Northwest arsons specifically described in paragraph 4 above and committed in violation of Title 18, United States Code, Section 844(i), Titles 18, United States Code, Section 844(n), Title 18, United States Code Section 924(c), and Title 18, United States Code, Section 371. I therefore respectfully request that four search warrants and a seizure warrant be authorized allowing law enforcement officers acting under my direction to search for the aforementioned items a t the above locations, and authorizing the seizure of same, if any are found.

46. Additionally, your Affiant requests the Court's permission to seize the computer hardware (and associated peripherals) that are believed to contain some or all of the evidence described in the warrant, and to conduct an off-site search of the hardware for the evidence described.

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47. Due to the extremely sensitive nature of the investigative techniques contained herein and because the investigation of this matter is continuing and is expected to continue for some time, I request that this affidavit be sealed.

48. Based upon my consultation with David B. Deitch, Domestic Terrorism Coordinator, Counterterrorism Section, Criminal Division, Department of Justice, and John C. Ray, Assistant United States Attorney, I believe the Court has the authority to issue the search warrants sought for locations outside of the District of Oregon pursuant to rule 41(b) (3) of the Federal Rules of Criminal Procedure. That Rule provides as follows:

At the request of a federal law enforcement officer or an attorney for the government . . . a magistrate judge -- in an investigation of domestic terrorism or international terrorism (as defined in 18 U.S.C. section 2331) -- having authority in any district in which activities related to the terrorism may have occurred, may issue a warrant for a person or property within or outside that district.

Title 18, United States Code section 2331(5) states that "domestic terrorism" means:

Activities that -

(A) involve acts dangerous to human life that are

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a violation of the criminal laws of the United States or of any State;

(B) appear to, be intended -

(i) to intimidate or coerce a civilian population;

(ii) to influence the policy of a government by intimidation or coercion; or

(iii) to affect the conduct of a government by mass destruction, assassination, or kidnaping; and

(C) occur primarily with in the territorial jurisdiction of the United States.

It is my belief, based upon the facts set forth in this affidavit, that this is an investigation involving domestic terrorism, as defined in the referenced statute, and that there are activities related to the terrorism which have occurred with in the District of Oregon.

49. This affidavit has been reviewed and approved for presentation to United States Magistrate Judge Thomas M. Coffin by the aforementioned Department of Justice Attorneys.

John L. Ferreira
Special Agent
Federal Bureau of Investigation

Subscribed and worn to before me and in my presence this

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____________ day of December, 2005.

Thomas M. Coffin
United States Magistrate
District of Oregon

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“American Taliban” Vs. “Eco-Terrorist” Sentencing Guidelines

author: kirsten anderberg e-mail:e-mail:  kirstena@resist.ca
source: portland.indymedia.org

Sentencing in American courts needs some accountability. John Walker Lindh, found hiding with Taliban in fight against US troops in Afghanistan which killed one CIA agent: 20 years. Yaser Hamdi, under similar circumstances: 3 years. Jeff Luers accused of arson on 3 SUVs in Eugene: 20 years. The Green River Murderer confesses to torturing, raping and killing over 40 women: Life in Prison. Threatened sentence on accused environmental activists arrested this week: Life.
"American Taliban" Vs. "Eco-Terrorist" Sentencing Guidelines
By Kirsten Anderberg (www.kirstenanderberg.com)

America touts a pride in the concept of "blind justice." America makes an attempt, at least on the surface, to offer the accused a defense lawyer, a public defender, to thwart claims of unfairness due to lack of access to equal legal representation for the accused in courtrooms. To have "blind justice," you need standards. Both parties need to be allowed access to defense lawyers, but without sentencing standards and precedents, you have random judges doing whatever they want on whim, which sets a stage for corruption and chaos and something that does not resemble a country. Federal sentencing is nearly impossible if every state varies wildly on its sentencing patterns. The cases of extreme blatant racism in America's Southern courtrooms show how that can be a societal fault line. In the case of John Walker Lindh, the man dubbed the "American Taliban," he was found hiding with a group of Taliban fighters, in a fight against U.S. military that killed a CIA agent in Afghanistan. In 2002, he was sentenced to 20 years in jail for his part in that fight. His attorney is now arguing that sentencing is excessive because "another American citizen Yaser Hamdi who was also captured on the battlefield in Afghanistan, taken into American custody at the same time under the same conditions" was "freed after less than three years." Compare that to the sentencing of an environmental activist labeled an "eco-terrorist" by the government, Jeff Luers. Jeff is accused of and sentenced to prison for destroying property, 3 SUVs. No human life was threatened. The property damage was not even that great. He was sentenced to 22 years.

How did we get to this sentencing pattern where federal judges in Eugene, Oregon are sending environmental activists to jail for periods far longer than people fighting with armed enclaves of Taliban against American troops on the ground abroad? It is impossible to not look at this as extremism within our courts. Have you ever been to Eugene? It is a very small town. The idea that the federal courts in Eugene, Or. have just sent out arrest warrants for at least 6 environmental activists across the country, charging them with lavish accusations, labeling them "eco-terrorists" in the press releases, and most of this based on frightened "informants," by the way, reminds me of Deputy Barney Fife in Mayberry. I imagine they are really excited about something like this, that will bring them national attention, going on in Eugene. Right now environmental activists who do NO DAMAGE TO LIFE are being associated with armed fighters, as "terrorists," and threatened with things like life in prison, while "American Taliban" get 3 years. We need to seriously look at that.

The Green River Murderer in the Seattle, Wa. area confessed to the rapes, torture and murder of over 40 women. HE got life in prison. In a posting on the internet attributed to a 12/09/05 article by Bryan Denson in The Oregonian, it says, "Meyerhoff and McGowan were both charged" with arsons, one of which was at a poplar farm, and "the two face life imprisonment if convicted of using destructive devices to perform both arsons." McGowan and Meyerhoff are two of the people arrested this month in the sweep of environmental activists. But, Meyerhoff turned state's evidence as soon as he was arrested and is now being brought up in other cases for these accused, as one of the "informants" that these arrests are hinged upon. So in that case, we have 2 people who were threatened with life in prison, one goes state's evidence trying to reduce his own sentence on the back of others' skin, and you throw in a little inflammatory language, such as "eco-terrorism," and we have a full blown judicial mess on our hands.

Let us do a review up to this point in this article. If we look at sentencing standards, the American government wants us to believe that environmental activists who have sworn to a pact of no damage to life in their actions, and have stuck to that, are more of a danger to the world, and are more dangerous "terrorists" than armed Taliban in the field. And American courts have also decided to sentence people who are accused of property damage and arsons on a level equal to raping, torturing and killing over 40 women. So women's lives are not worth much more than oh, a poplar farm. And even more controversial, perhaps, 3 SUVs in Eugene had more worth than that CIA agent that was killed and American troops injured in that battle involved in the Lindh "American Taliban" case. You can see how these sentencing standards really point to some strange trends when set side by side.

I guess this is not surprising in this era where American corporations seem literally drunk on greed and power, that they are valuing property equal to human life and are now labeling people who try to interfere on behalf of the environment's health "terrorists." American corporations do not care if they ruin innocent people's lives, whether via labeling them "eco-terrorists" and setting them up with ridiculous, overblown criminal charges that are reminiscent of the McCarthy era or whether they are leaving open arsenic pits after their open pit mining projects. Bush is known as an eco-unfriendly president so it is not that big of a leap for him to use the federal courts to protect corporation's interests against environmentalists. As a matter of fact, he is now authorizing spies to watch not only environmentalists, but also poverty action groups, peace groups, etc. So we have no money to house the Katrina survivors, but we have ample money to spy on Catholic Services doing peace work. We do not have the resources or money to prosecute the companies that left vats of toxic waste with unbelievable shelf lives in the nuclear waste dump in Hanford, Wa., vats they did not even note the contents of for later generations to reference. Those vats now have to be burped or they will explode, but god only knows what is in there. They are putting people in jail who burn 3 SUVs rather than dealing with the industrial nuclear, mining, air and water pollution criminals. It is all about money and priorities. It is all about values we put on life and living things versus money and power.

We will be watching how these sentencing standards of past "terrorist" trials compare to these new trials of environmentalists being slurred as "eco-terrorists." It is not fair, nor does it make sense, to be treating environmental activists as "terrorists." That is malicious and inflammatory and purposefully done to taint the accused before they even get to trial. That wording is a hollow attempt to trigger a body of law that has no place in these cases currently coming out of Eugene. The use of the term "terrorist" in these environmentalist arrests has allowed federal resources to come in. It has allowed inflated charges and threats of excessive sentencing, and apparently excessive spying, to be placed upon these people, forcing some of them to break under the pressure, claiming to offer some kind of insider information for their own skin, such as Meyerhoff has apparently done.

Jeff Luers was sentenced to 22 years in prison for doing property damage to 3 SUVs in Eugene, Or. One "American Taliban" got 3 years, the other got 20 years and is complaining that is excessive now. The well-respected social justice activist Daniel McGowan, who is oft referred to as gentle and warm-hearted, who was working at a non-profit that provided resources for women dealing with domestic violence (womenslaw.org) when arrested this December, is now being accused of environmental activist crimes, which caused property damage, alone, and he is threatened with the same punishment as a man who tortured and killed 40 women. Even the Green River Murderer was not labeled a "terrorist." What has made the president, our government, and Eugene, Or., of all places, decide to target these activists on this aggressive witchhunt? It is very curious. It seems like we are still missing a puzzle piece here... we will have to see what transpires in the days to come.

homepage: homepage:  http://www.kirstenanderberg.com

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Excerpt from a letter Bill wrote on his last night . . .

"To my friends and supporters to help them make sense of all these events that have happened so quickly:

Certain human cultures have been waging war against the Earth for millennia. I chose to fight on the side of bears, mountain lions, skunks, bats, saguaros, cliff rose and all things wild. I am just the most recent casualty in that war. But tonight I have made a jail break -- I am returning home, to the Earth, to the place of my origins."

Bill, 12/21/05 (the winter solstice)

homepage:  http://www.supportbill.org