Just in Time for Trump, Jury Says Defense of Planet Is No Crime
'With our political leadership failing us, we need more courageous activists like Ken to stand up to the fossil fuel industry and set an example of how normal people can effect change.'
Offering some hope that "reality" will prevail in a political climate seemingly bent on climate destruction, a Washington state jury on Wednesday failed to convict activist Ken Ward on two felony counts stemming from an act of civil disobedience against the fossil fuel industry.
The Climate Disobedience Center, which Ward co-founded, declared the mistrial "a resounding recognition of the threat of climate change," noting that one or more jurors refused to convict Ward on charges of sabotage and burglary for breaking into and shutting down a Kinder Morgan pipeline near Anacortes, Washington last year. Alternately, they were persuaded by his argument that he had acted out of necessity, in defense of the planet.
According to the center,
Ward's defense consisted exclusively of his motivation to confront the threat of climate change, and the defense did not contest a single piece of evidence brought by the prosecution. Several exhibits demonstrating climate science and impacts and the role of civil disobedience in societal change were permitted as evidence. Ward himself was the only witness called by the defense. The jury deliberated while looking at charts demonstrating the dramatic increase of greenhouse gasses in the atmosphere and the impacts of sea-level rise to Skagit County.
"This trial was about climate change," said Emily Johnston, who also took part in the October 2016 coordinated action that shut down tar sands pipelines along the U.S.-Canada border. "The prosecution presented only information about what Ken did on October 11, and Ken and the defense presented only information about climate change, so the only decision that the jury was making was which story mattered more. And the story of the climate crisis won."
Activist Leonard Higgins, who faces trial for shutting off Spectra Energy's Express tar sands pipeline in Montana as part of the same action, said he's "excited to see that the jury recognized the integrity, honor, and patriotism of Ken Ward, and recognized that what he did was done for all of us."
Ward was the first of the "valve turners" to appear in court and the trial was said to have "far-reaching implications for the widening pipeline protest movement and the intensifying crackdown against it," particularly in light of the fierce mobilizations expected after U.S. President Donald Trump's recent executive orders advancing the controversial Keystone XL (KXL) and Dakota Access (DAPL) pipelines.
As Ward himself explained after the decision, "In five hours, the jury was unable to decide that with all of the evidence against me, including the video of me closing the valve, that this was a crime. I didn't contest a single piece of the evidence, only presented my story and evidence of catastrophic climate change. This is a tremendous outcome."
As it stands, there will be a conference next week to determine if a new trial will be scheduled. But as Steve Kent with the Climate Disobedience Center explained to Common Dreams, the fact of the mistrial gives "an indication that one or more jurors accepted the argument that the actions were taken to prevent climate harm, and so weren't culpable. That's important legally and will have ramifications."
Wednesday's mistrial was celebrated widely across the climate movement.
Not only does this ruling bode well for the future "valve turner" trials, but it also could impact other activists who plan to confront the Trump administration with increasingly direct civil disobedience.
"The failure of the prosecution's case shows that public opinion is shifting about the need for direct action to solve the climate crisis," said Kelsey Skaggs, an attorney with the Climate Defense Project, which provided legal support to Ward alongside the Civil Liberties Defense Center. "With our political leadership failing us, we need more courageous activists like Ken to stand up to the fossil fuel industry and set an example of how normal people can effect change."
Watch Ward's testimony below:
Urgent. It's never been this bad.
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission from the outset was simple. To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It’s never been this bad out there. And it’s never been this hard to keep us going. At the very moment Common Dreams is most needed and doing some of its best and most important work, the threats we face are intensifying. Right now, with just two days to go in our Spring Campaign, we're falling short of our make-or-break goal. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Can you make a gift right now to make sure Common Dreams not only survives but thrives? There is no backup plan or rainy day fund. There is only you. —Craig Brown, Co-founder |
Offering some hope that "reality" will prevail in a political climate seemingly bent on climate destruction, a Washington state jury on Wednesday failed to convict activist Ken Ward on two felony counts stemming from an act of civil disobedience against the fossil fuel industry.
The Climate Disobedience Center, which Ward co-founded, declared the mistrial "a resounding recognition of the threat of climate change," noting that one or more jurors refused to convict Ward on charges of sabotage and burglary for breaking into and shutting down a Kinder Morgan pipeline near Anacortes, Washington last year. Alternately, they were persuaded by his argument that he had acted out of necessity, in defense of the planet.
According to the center,
Ward's defense consisted exclusively of his motivation to confront the threat of climate change, and the defense did not contest a single piece of evidence brought by the prosecution. Several exhibits demonstrating climate science and impacts and the role of civil disobedience in societal change were permitted as evidence. Ward himself was the only witness called by the defense. The jury deliberated while looking at charts demonstrating the dramatic increase of greenhouse gasses in the atmosphere and the impacts of sea-level rise to Skagit County.
"This trial was about climate change," said Emily Johnston, who also took part in the October 2016 coordinated action that shut down tar sands pipelines along the U.S.-Canada border. "The prosecution presented only information about what Ken did on October 11, and Ken and the defense presented only information about climate change, so the only decision that the jury was making was which story mattered more. And the story of the climate crisis won."
Activist Leonard Higgins, who faces trial for shutting off Spectra Energy's Express tar sands pipeline in Montana as part of the same action, said he's "excited to see that the jury recognized the integrity, honor, and patriotism of Ken Ward, and recognized that what he did was done for all of us."
Ward was the first of the "valve turners" to appear in court and the trial was said to have "far-reaching implications for the widening pipeline protest movement and the intensifying crackdown against it," particularly in light of the fierce mobilizations expected after U.S. President Donald Trump's recent executive orders advancing the controversial Keystone XL (KXL) and Dakota Access (DAPL) pipelines.
As Ward himself explained after the decision, "In five hours, the jury was unable to decide that with all of the evidence against me, including the video of me closing the valve, that this was a crime. I didn't contest a single piece of the evidence, only presented my story and evidence of catastrophic climate change. This is a tremendous outcome."
As it stands, there will be a conference next week to determine if a new trial will be scheduled. But as Steve Kent with the Climate Disobedience Center explained to Common Dreams, the fact of the mistrial gives "an indication that one or more jurors accepted the argument that the actions were taken to prevent climate harm, and so weren't culpable. That's important legally and will have ramifications."
Wednesday's mistrial was celebrated widely across the climate movement.
Not only does this ruling bode well for the future "valve turner" trials, but it also could impact other activists who plan to confront the Trump administration with increasingly direct civil disobedience.
"The failure of the prosecution's case shows that public opinion is shifting about the need for direct action to solve the climate crisis," said Kelsey Skaggs, an attorney with the Climate Defense Project, which provided legal support to Ward alongside the Civil Liberties Defense Center. "With our political leadership failing us, we need more courageous activists like Ken to stand up to the fossil fuel industry and set an example of how normal people can effect change."
Watch Ward's testimony below:
Offering some hope that "reality" will prevail in a political climate seemingly bent on climate destruction, a Washington state jury on Wednesday failed to convict activist Ken Ward on two felony counts stemming from an act of civil disobedience against the fossil fuel industry.
The Climate Disobedience Center, which Ward co-founded, declared the mistrial "a resounding recognition of the threat of climate change," noting that one or more jurors refused to convict Ward on charges of sabotage and burglary for breaking into and shutting down a Kinder Morgan pipeline near Anacortes, Washington last year. Alternately, they were persuaded by his argument that he had acted out of necessity, in defense of the planet.
According to the center,
Ward's defense consisted exclusively of his motivation to confront the threat of climate change, and the defense did not contest a single piece of evidence brought by the prosecution. Several exhibits demonstrating climate science and impacts and the role of civil disobedience in societal change were permitted as evidence. Ward himself was the only witness called by the defense. The jury deliberated while looking at charts demonstrating the dramatic increase of greenhouse gasses in the atmosphere and the impacts of sea-level rise to Skagit County.
"This trial was about climate change," said Emily Johnston, who also took part in the October 2016 coordinated action that shut down tar sands pipelines along the U.S.-Canada border. "The prosecution presented only information about what Ken did on October 11, and Ken and the defense presented only information about climate change, so the only decision that the jury was making was which story mattered more. And the story of the climate crisis won."
Activist Leonard Higgins, who faces trial for shutting off Spectra Energy's Express tar sands pipeline in Montana as part of the same action, said he's "excited to see that the jury recognized the integrity, honor, and patriotism of Ken Ward, and recognized that what he did was done for all of us."
Ward was the first of the "valve turners" to appear in court and the trial was said to have "far-reaching implications for the widening pipeline protest movement and the intensifying crackdown against it," particularly in light of the fierce mobilizations expected after U.S. President Donald Trump's recent executive orders advancing the controversial Keystone XL (KXL) and Dakota Access (DAPL) pipelines.
As Ward himself explained after the decision, "In five hours, the jury was unable to decide that with all of the evidence against me, including the video of me closing the valve, that this was a crime. I didn't contest a single piece of the evidence, only presented my story and evidence of catastrophic climate change. This is a tremendous outcome."
As it stands, there will be a conference next week to determine if a new trial will be scheduled. But as Steve Kent with the Climate Disobedience Center explained to Common Dreams, the fact of the mistrial gives "an indication that one or more jurors accepted the argument that the actions were taken to prevent climate harm, and so weren't culpable. That's important legally and will have ramifications."
Wednesday's mistrial was celebrated widely across the climate movement.
Not only does this ruling bode well for the future "valve turner" trials, but it also could impact other activists who plan to confront the Trump administration with increasingly direct civil disobedience.
"The failure of the prosecution's case shows that public opinion is shifting about the need for direct action to solve the climate crisis," said Kelsey Skaggs, an attorney with the Climate Defense Project, which provided legal support to Ward alongside the Civil Liberties Defense Center. "With our political leadership failing us, we need more courageous activists like Ken to stand up to the fossil fuel industry and set an example of how normal people can effect change."
Watch Ward's testimony below: