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For Immediate Release
October, 08 2018, 12:00am EDT
Contact:
Celia Alario, +1.310.721.6517 celiaalario@gmail.com
Alec Connon, + 1.206.258.9176 alecconnon@gmail.com
As Landmark 'Climate Necessity Defense' Trial Opens Today in MN, Shocking Last Minute Court Ruling Silences Scientists Scheduled to Provide Expert Testimony
A groundbreaking 'climate necessity defense' trial of Valve Turners Emily Johnston, Annette Klapstein, and their support person Ben Joldersma begins today in Clearwater County, Minnesota.
Bagley, MN
A groundbreaking 'climate necessity defense' trial of Valve Turners Emily Johnston, Annette Klapstein, and their support person Ben Joldersma begins today in Clearwater County, Minnesota. The three are standing trial for their role in a coordinated action in 2016 that shut down every tar sands crude pipeline coming into the United States. The action temporarily halted the flow of 2.8 million barrels of oil, which according to a report from Reuters was equivalent to 15% of daily U.S. oil consumption.
The trial has been delayed for over a year as the prosecution sought to overturn the District Court's earlier written ruling expressly allowing a necessity defense, a decision upheld by a MN appeals court, and affirmed by the State's Supreme Court.
Yet, in a stunning, 11th hour reversal by the court, attorneys Lauren Regan (Civil Liberties Defense Center ), Tim Phillips, and Kelsey Skaggs (Climate Defense Project) will be prohibited from calling their full suite of planned expert witnesses including climate scientists Dr. James E. Hansen, Dr. Mark Seeley and Dr. Peter Reich; public health expert Dr. Bruce Synder; renowned climate and policy experts Dr. Martin Gilens, Harvard Law Professor Lawrence Lessig, nonviolent direct action historian Jamila Raqib, Executive Director of the Albert Einstein Institution and 350.org cofounder Bill McKibben; and oil infrastructure expert Dr. Anthony Ingraffea. The experts were poised to testify on the overwhelming threats of climate change, and why the Valve Turners' actions were not only right, but necessary in today's challenging political paralysis.
Indicating that he believed that it would be confusing information for the jury, the court barred testimony from defense experts on the barriers to effective political action for addressing climate change, the efficacy of civil disobedience historically, and the imminence of climate change.
"I'm baffled by the surreal nature of this court's decision and timing," said Annette Klapstein. "We were looking forward to entrusting this case to a Minnesota jury of our peers to decide after hearing expert scientists and social scientists discuss the facts of climate change and public policy. By requiring us to establish the necessity defense, without allowing us to use our planned expert testimony to do so, the court has placed an overwhelming burden on us."
"Four days before trial, for no apparent reason, the court eviscerated our defense, and essentially overruled itself," defendant Emily Johnston, a Seattle-based poet, said. "It is impossible for us to properly defend ourselves without expert testimony."
"The irony is that the judge may be proving our point--we acted as we did because we know that the paralysis and myopia of the executive and legislative branches with regard to climate change mean that the political system itself must be shaken up if there is to be any hope for all of us. We were hoping that the judiciary might show the way," Johnston added.
The trial is expected to complete this week. If the jury is allowed to consider this testimony, it will be the first time a 'climate necessity defense' has been considered in a US jury trial.
For more on the action and the trial: https://www.shutitdown.today/
Daily updates during the trial will be posted on the Shut It Down Facebook page.
On Twitter, follow @ClimateDA and @enjohnston, as well as the hashtags #ClimateTrial and #FossilFuelsOnTrial for the latest.
Background and Resources
Check out these short videos of Emily and Annette, and see bios for all the Valve-Turners here.
See this February 2018 piece in New York Times Magazine for an in-depth look at the Valve-Turners and check out other media coverage of the actions and previous Valve-Turner trials here.
More on this Climate Necessity Defense here and here.
Info about prior Valve Turner Cases: In Washington, Valve Turner Ken Ward had one hung jury on two charges, and, on a split verdict in a second trial, was found guilty of one count of burglary, and sentenced to time served and 30 days of community service. Ken's conviction has been appealed on the basis that he was denied a necessity, and will be heard by a Washington appeals court in November.
In Montana, Leonard Higgins was found guilty of criminal mischief and misdemeanor criminal trespass, sentenced to three years deferred imprisonment, meaning he will serve no jail time. Leonard's conviction has been appealed on the basis that he was denied a necessity defense
In North Dakota, Michael Foster was convicted of criminal mischief, conspiracy to commit criminal mischief (both felonies) and criminal trespass (a misdemeanor), and sentenced to three years, two deferred, for which he served 6 months. Michael's conviction has been appealed on a question of application of state law. Sam Jessup, who live-streamed Foster's action, was convicted of conspiracy to commit criminal mischief (a felony) and conspiracy trespass (a misdemeanor), and was required to pay $5,000 restitution.
In October 2016 activists under the banner of 'Shut It Down - Climate Direct Action' took the climate future into their own hands by shutting down all the tar sands oil flowing into the US from Canada.
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As House Vote Looms, State Lawmakers Challenge Trump to Release Epstein Files
"Your eleventh-hour decision to not fight a vote in the House that you were certainly going to lose is yet another dodge," Democratic legislators wrote to the president, a former friend of the dead criminal.
Nov 17, 2025
After President Donald Trump's sudden about-face on the US House of Representatives' imminent vote to force the release of files on deceased sex offender Jeffrey Epstein, a group of state legislators on Monday urged Trump to prove he is serious by not waiting for Congress to make public materials from the federal case against his former friend.
In a letter provided to Common Dreams by the group Defending America Action, the 15 elected Democrats called on Trump and his administration to "put the issue of the Epstein files to bed once and for all" and "focus on what the American people are concerned about: the affordability crisis which has exploded on your watch."
"Just a few weeks ago, Americans from Georgia to Virginia to New Jersey registered their dissatisfaction with your economic performance with overwhelming victories for Democrats up and down the ballot," they noted. "That should've been a wake-up call for you and your administration, but instead, you've turned to an all-too familiar strategy of gaslighting the American people with tales of a booming economy that don't match reality."
Americans are falling behind on utility bills and car loan payments as job growth has ground to a halt and inflation—driven in part by Trump's sweeping tariffs—is costing average US households at least hundreds of dollars a month.
"We need bipartisan solutions to the cost of living crisis, not multiple congressional committees, investigations, and precious floor time devoted to files related to Jeffrey Epstein, which you could release with the stroke of a pen."
US House Democrats and a few Republicans have long fought to make the Department of Justice release its files on the late financier, which Speaker Mike Johnson (R-La.) recently pushed off for weeks by refusing to swear in Congresswoman Adelita Grijalva (D-Ariz.)—a delay he tried to blame on the government shutdown.
As the shutdown standoff over a looming healthcare crisis came to an end, Johnson finally administered the oath of office to Grijalva, who swiftly became the crucial 218th signature on a discharge petition to force a vote on the Epstein files. While her decision set up a December vote, Johnson then moved up the timeline.
With many House Republicans expected to vote for releasing the files as early as Tuesday, Trump sent shockwaves through the US on Sunday by suddenly declaring his support for the disclosure. He doubled down on Monday, telling reporters that he would sign the bill if it reached his desk but also returning to his claim that "the whole thing is a hoax."
Trump on if he'll sign an Epstein files release bill: "We have nothing to do with Epstein. The Democrats do. All of his friends were Democrats. You look at this Reid Hoffman, Larry Summers, Clinton... all I want is I want for people to recognize the great job I've done on pricing, on affordability."
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— Aaron Rupar (@atrupar.com) November 17, 2025 at 3:20 PM
As the state legislators wrote to Trump: "You have called the issue of the Epstein files a 'hoax,' and dismissed the numerous congressional efforts underway to pursue transparency, accountability, and justice for the hundreds of victims who suffered at Epstein's hands. This issue has again overtaken Washington, DC, and you have mobilized enormous government resources, up to and including meetings in the ultra-secure Situation Room, to try to prevent the files' release."
"Your eleventh-hour decision to not fight a vote in the House that you were certainly going to lose is yet another dodge—you could order the full release of the files today so that we can all move forward and deal with the issues our voters and yours care about: making life affordable for American families," they argued. "Those priorities should be addressing the skyrocketing costs that are keeping families up at night: housing, food, energy, and healthcare."
"We need bipartisan solutions to the cost of living crisis, not multiple congressional committees, investigations, and precious floor time devoted to files related to Jeffrey Epstein, which you could release with the stroke of a pen," they continued, stressing the need for "good partners" and "good policies" at the federal level the aid American families struggling with soaring prices. "Release the files and let's get on with the business of the American people."
Signatories to the letter include Iowa Rep. Kenneth Croken, Vermont Rep. William Greer, Colorado Sen. Cathy Kipp, Michigan Rep. Stephen Wooden, and Kentucky Rep. Lisa Willner. It is also signed by Pennsylvania Reps. Danilo Burgos and Arvind Venkat, Maryland Dels. Ashanti Martinez and Vaughn Stewart, Wisconsin's Sen. Melissa Ratcliff and Rep. Ryan Clancy, and four lawmakers from New Hampshire: Reps. John Cloutier, Chris McAleer, Terri O'Rorke, and Terry Spahr.
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Campaigners Urge Countries to Seize 'Momentum' at COP30 and Deliver Roadmap for Green Transition
"We need to make sure that any and all plans towards a fossil fuel-free future are built with community and frontline needs at the heart, and implemented in a way that does not leave vulnerable communities behind."
Nov 17, 2025
Despite concerns over the presence of hundreds of corporate lobbyists peddling "false solutions" at the United Nations Climate Change Conference in Belém, Brazil, campaigners on Monday expressed optimism about the "remarkable speed" with which global support has grown at the summit for a Transition Away From Fossil Fuels Roadmap.
Brazilian President Luiz Inácio Lula da Silva opened the Leader's Summit on November 6 with a call for the TAFF Roadmap, which would build on the 2023 conference's (COP28) promise to “transition away from fossil fuels” in a “just, orderly, and equitable manner."
He urged leaders to map out how their countries will "overcome dependence on fossil fuels," reverse deforestation, and mobilize resources to achieve those goals, as the presidencies of this year's conference (COP30) and last year's released a Baku to Belém Roadmap with a plan to mobilize $1.3 trillion per year in climate finance for developing countries.
350.org found on Monday that within nine days, support for the TAFF Roadmap grew from one to 62 countries.
Suluafi Brianna Fruean, a 350.org Pacific Council elder, acknowledged that a call for "a transition away from fossil fuels is not a new concept for the Pacific, it’s a demand we’ve made at every COP and every room we’ve been in."
Still, she said, "the growing support for a roadmap to this reality is a sign that the age of fossil fuels is over. We need to make sure that any and all plans towards a fossil fuel-free future are built with community and frontline needs at the heart, and implemented in a way that does not leave vulnerable communities behind."
"The presidency calls on developing countries to lead, prioritize public, grant-based, concessional finance to protect the world’s most vulnerable, and break the vicious debt cycle. However, it misses the urgency to simplify direct access to finance for communities, especially Indigenous peoples."
350.org analyzed public statements and written inputs from countries and country groups to the COP30 presidency, and released its analysis of the conference's momentum as the Brazil presidency released its "consultation text."
That document lays out options for a final agreement at COP30, including "the ingredients for a highly ambitious outcome," said 350.org.
Options in the text include establishing a three-year program to implement Article 9.1 in the Paris Agreement, which requires wealthy countries to finance adaptation and a transition away from fossil fuels for the Global South; tripling adaptation finance; and implementing Article 3.5 of the UN Framework Convention on Climate Change, which requires parties to support an economic system that leads "to sustainable economic growth and development in all parties... thus enabling them better to address the problems of climate change."
“Finance is the engine of climate action. The presidency calls on developing countries to lead, prioritize public, grant-based, concessional finance to protect the world’s most vulnerable, and break the vicious debt cycle," said Fanny Petitbon, France team lead for 350.org. "However, it misses the urgency to simplify direct access to finance for communities, especially Indigenous peoples, who hold solutions on the ground yet face enormous barriers to securing the funds needed to scale them up."
A second package of options is set to be released in the coming days and "will cover the more technical negotiating areas," according to the World Wildlife Fund (WWF).
Andreas Sieber, associate director of policy and campaigns at 350.org, credited Lula with injecting "real momentum into a global roadmap to move away from fossil fuels."
But Sieber noted that Brazil recently gave its state-owned oil and gas company, Petrobras, license to drill a well in the Amazon rainforest, and Brazil is still one of the top 10 producers of crude oil globally.
"Lula spoke powerfully about justice and cooperation in a divided world, highlighting the need to get rid of fossil fuels and accelerate the energy transition," Sieber told Argus Media after the Leaders' Summit. "But he cannot be both a champion of climate justice and one of the world's biggest oil expanders."
350.org added that in a TAFF Roadmap, "finance, technology transfer, and capacity-building must be central pillars—not peripheral details—if the transition is to lift up communities rather than deepen inequality."
WWF also applauded the "momentum" at COP30, and urged "decisive political leadership" in order to "get back on track to the 1.5°C Paris Agreement temperature limit."
Manuel Pulgar-Vidal, WWF global climate and energy lead, and the president of COP20, said that "COP30 could make history by agreeing on roadmaps for both a transition away from fossil fuels and to combat deforestation. It must also respond to the emissions gap in national climate plans, and make advances on finance, including to help countries adapt to climate change."
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At Least 98 Palestinians Died in Israeli Custody Since October 7, 2023
"Israel has become one of the worst systematic abusers of human rights in the world," said one human rights advocate.
Nov 17, 2025
A report released on Monday by Physicians for Human Rights–Israel claims that nearly 100 Palestinians have been killed while being held in detention by Israel since the start of the war in Gaza on October 7, 2023.
The report, which PHRI said was based on "testimonies, official records, and extensive evidence" collected by the organization, shows that at least 98 Palestinians died in Israeli custody.
The report says that the deaths were part of a "deeply concerning pattern of systemic human rights violations committed against Palestinians," and that people who died while in custody included "the young and elderly, the healthy and the sick alike." PHRI also emphasized that the records in its report are far from complete, and indicated that the full death toll of Palestinians who died in custody is even higher.
Breaking things down further, the organization said it found that 42 Palestinians died while in custody of the Israel Prison Service (IPS), including Palestinians from Gaza, the West Bank, and even Palestinians who held Israeli citizenship. A further 52 Palestinians from Gaza died while in Israeli military custody.
The report shows a mixture of deaths from medical neglect, from physical abuse, or some combination of the two causes.
Witness testimony given to PHRI from both Palestinian detainees and Israeli physicians depicted military detention facilities as "sites of systematic torture and abuse, where dozens of Palestinians from Gaza died while in military custody."
Raed Jarrar, advocacy director at human rights organization DAWN, said the PHRI report was more evidence that "Israel has become one of the worst systematic abusers of human rights in the world," and he pointed the finger at the US for continuing to fund and enable such abuses.
"Despite overwhelming evidence of these crimes and grave violations of human rights, documented even by the State Department's own watchdog, not a single Israeli unit has been deemed ineligible for US weapons, making the United States complicit in Israel's systematic torture regime," said Jarrar.
In addition to the Palestinians killed in Israeli custody, more than 69,000 Palestinians have died during Israel's war in Gaza, which began on October 7, 2023 when Hamas launched an attack inside Israel that killed nearly 1,200 Israelis.
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