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12/8/06: AETA UPDATE / Hope For Repeal?

UPDATE: Records Show Big Industry Planned AETA All Along

12/17/08 — READ FULL STORY: Documents Show Plans for Labeling Activists as "Eco-Terrorists"

by Will Potter, GreenistheNewRed.com Ñmdash; It's been two years since passage of the Animal Enterprise Terrorism Act, a sweeping law that wraps up non-violent civil disobedience and hurting corporate profits as "terrorism."

...Here, for the first time, are some of the internal documents outlining how corporations and industry groups planned to label activists "eco-terrorists." I've obtained them from a source who wishes to remain anonymous. They're the creation of the Animal Enterprise Protection Coalition, a network formed for the sole purpose of passing this "eco-terrorism" legislation.

Members include corporate powerhouses like Pfizer, Wyeth, GlaxoSmithKline, and industry groups like the Fur Commission and National Cattlemen's Beef Association. The coalition was put together by the National Association for Biomedical Research, an industry group that has one of the most outspoken proponents of the "Green Scare." In short, this coalition is a front group comprised of other front groups... The coalition supplied its members with talking points, fact sheets, letters to Congress, news releases and more to help keep them on message when labeling activists as terrorists...

Note how "Will Potter's Blog" is listed under the opposition. I guess I should be honored, right?

FROM KINSHIP CIRCLE: And there we are, underneath IDA. We are honored too! We are on Big Industry's pro-animal radar screen


Dog's Paw

IN THIS ALERT:

  1. President Signs Animal Enterprise Terrorism Act Into Law
  2. Keep Fighting, The Animals Need Us - A message from Chris DeRose
  3. Equal Justice Alliance Enacts Strategy In Wake Of AETA's Passage
  4. McGovern Pledges To Help Overturn Animal Terrorism Law
  5. Sunday 12/17: Animal Enterprise Terrorism Act Seminar
  6. Judge Strikes Down Bush On Terror Groups
  7. AETA In Reverse? Portland Fur Dealer "Terrorizes" Protesters
  8. Levity - Dubya's "Letter" To An Animal Rights Activist



1. President Signs Animal Enterprise Terrorism Act Into Law

11/27/06 -- The President signed into law: S. 3880, the "Animal Enterprise Terrorism Act," which expands criminal prohibitions against the use of force, violence, and threats involving animal enterprises and increases penalties for violations of these prohibitions.

ACTION: http://noaeta.org/action.htm


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2. Keep Fighting, The Animals Need Us - A message from Chris DeRose
SOURCE: Chris DeRose, President and Founder, Last Chance for Animals
campaigns@lcanimal.org * 310-271-6096 x30 * http://www.lcanimal.org

The Animal Enterprise Terrorism Act (AETA) has been signed into law...now what?

The government can call constitutionally protected freedom of speech and the act of helping animals "terrorism," but that doesn't change the fact that millions of animals are needlessly suffering for vanity, appetite, entertainment and sport. The animals still need us, regardless of how the animal abusers portray us in the media and the halls of Congress.

LCA's team of lawyers and lobbyists have been pouring over the language of the bill to figure out exactly what this means for activists and are strategizing on how to fight this absurd bill.

The LCA team has two suggestions for animal rights activists, thus far:
1. Attempt to repeal the law (LCA is working on this critical repeal).
2. AETA court challenge. What this means; if an activist is accused of a crime in the process of helping an animal under the AETA, we will have the opportunity to challenge each and every case in court.

Animal abusers would love to see activists spend all their time and money defending themselves in court instead of speaking up for the animals. We won't let that happen. We have found several lawyers who will handle specific cases pro-bono and help minimize our valuable time and resources.

This is a PR war and we can't give them an inch. Animal activists and this whole movement must take a step up and be savvier in how they approach the struggle; negative and threatening remarks accomplish nothing for our cause. THE RIGHT KIND OF ACTION WILL GET RESULTS!

I encourage activists everywhere NOT to be swayed: but to continue and increase your non-violent activities (non-violent does not always mean laws are not broken) advocating for the animals. If we don't, who will?


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3. Equal Justice Alliance Enacts Strategy In Wake Of AETA's Passage
SOURCE: http://noaeta.org/

The Animal Enterprise Terrorism Act (AETA, S. 3880) passed the U.S. Senate by unanimous consent in September. It passed the U.S. House of Representatives on November 13 because we were outmaneuvered by the Republican leadership of the House Judiciary Committee. And now the bill has been signed into law by President Bush. We appreciate your massive outpouring of emails and phone calls to Congress. We learned valuable lessons from our lobbying experience. For us, this is a new beginning.

Equal Justice Alliance will continue its mission along three tracks:
—To protect equal justice/freedom of speech for animal and social justice advocates by working to repeal
    AETA, prevent future repressive legislation.
—To provide an alternative Congressional watchdog function.
—To promote an atmosphere of respect for animal advocacy within Congress and the Justice Department.

We plan to pursue three ways of neutralizing AETA:
—By convincing federal district attorneys not to prosecute under AETA because the law is too broad and vague
    to make it through the courts.
—By convincing federal courts to dismiss a test case because the law is too broad and vague.
—By convincing Congress that the law is unworkable, unconstitutional, and should be repealed.

These are our projected tasks:
—Establish friendly relations with key legislators, Justice Department personnel and civil liberties defenders.
—Work with bar associations to obtain their support.
—Place favorable stories in the media.
—Develop talking points for contacting your Senators and Representative to begin the repeal process.
—Plan a national conference next summer in Los Angeles to promote repeal.
—Compile guidelines for operating in the face of AETA.
—Compile a record of discriminatory enforcement of AETA.
—Ask animal rights and other social justice advocacy groups and individuals to join our effort.

Key flaws of AETA, with more details in the section on Why Oppose
http://noaeta.org/whyoppose.htm :
—It was passed by a voice vote of only five Representatives as a non-controversial bill.
—It is excessively broad and vague.
—It imposes disproportionately harsh penalties.
—It effectively brands animal advocates as 'terrorists' and denies them equal protection.
—It effectively brands civil disobedience as 'terrorism' and imposes severe penalties.
—It has a chilling effect on all forms of protest by endangering free speech and assembly.
—It interferes with investigation of animal enterprises that violate federal laws.
—It detracts from prosecution of real terrorism against Americans.

WHAT YOU CAN DO:
—Keep the issue alive in Congress by contacting your two Senators and Representative periodically to explain
    why the AETA should be repealed.

—Report any cases of prosecution of social justice groups under AETA to the Equal Justice Alliance at
    800-632-8688. This will help us demonstrate that AETA enforcement unfairly discriminates against animal
    activists.

—Send a generous contribution to help fund this ambitious, crucial campaign.
    DONATE ONLINE: https://www.givedirect.org/give/givefrm.asp?Action=GC&CID=483
    MAIL CHECKS TO: FARM - EJA
    10101 Ashburton Lane
    Bethesda MD 20817
    DONATE BY PHONE: 800-632-8688


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4. Animal Protesters Get Results
McGovern Pledges To Help Overturn Animal Terrorism Law

SOURCE: http://www.telegram.com/apps/pbcs.dll/article?AID=/20061130/NEWS/611300760/1008/NEWS02

EDITED FOR LENGTH
11/30/06 -- By Shaun Sutner ssutner@telegram.com TELEGRAM & GAZETTE STAFF, WORCESTER: U.S. Rep. James P. McGovern is an unlikely target for protesters. But that is exactly what the Worcester Democrat -- who is usually a friend to liberal and progressive causes -- became yesterday during a noisy lunchtime demonstration outside his district office here by about 20 students and other young animal-rights activists.

The protesters were upset by the House and Senate's passage earlier this week of the Animal Enterprise Terrorism Act, which amends and broadens existing legislation to criminalize threats or attacks against any business that uses or sells animals or animal products to include animal shelters, breeders, pet stores, furriers and other enterprises. The law, which was quickly passed on an informal voice vote, also makes crimes under the act eligible for electronic surveillance...

Mr. McGovern was not among the six House Democrats from Massachusetts who were present for the vote... "We're not protesting McGovern," said Jennifer Burt, a Clark University senior and one of the organizers of the event. "We're just asking him to introduce a bill to repeal this law."

By the activists' account, they succeeded. After meeting with members of Mr. McGovern's staff inside his office about 1 p.m., the protesters were given a statement from the congressman pledging to work to overturn the measure, said Drew Wilson, a junior at Worcester Polytechnic Institute...

Matthew Pacheco, a spokesman for Mr. McGovern, said in an e-mail message that the congressman opposed the bill and would have voted "no" in a recorded vote. Mr. McGovern's office yesterday released a letter to the congressman, dated yesterday, from the Humane Society of the United States.

The letter said the group, which opposes the Animal Enterprise Terrorism law, understands that Mr. McGovern is against it as well. The letter also noted that Mr. McGovern has voted with the Humane Society 100 percent of the time this year and last year, and in the past.

"We understand that you would have voted against the AETA bill had you had the opportunity to do so," wrote Mimi Brody, director of federal affairs for the Humane Society. "We deeply appreciate your recognition of the flaws in this bill. Now that this legislation has been signed into law by the president, we hope that its application will be limited and will not encroach on constitutional rights."

read full article: http://www.telegram.com/apps/pbcs.dll/article?AID=/20061130/NEWS/611300760/1008/NEWS02


From: Odette Wilkens owilkens@nyc.rr.com
Date: Tue, 5 Dec 2006
To: christopher.philbin@mail.house.gov
Subject: Animal Enterprise Terrorism Act (AETA)

To The Honorable Mr. James McGovern
Re: The Animal Enterprise Terrorism Act (AETA)

Dear Mr. McGovern,
I commend you on your resolve to start the process of repealing AETA and we are here to support you in that effort. I would be happy to attend your meeting in January that I believe you are scheduling regarding AETA.

I am Executive Director of the Equal Justice Alliance that was formed to oppose AETA. There are over 180 organizations nationwide vigorously opposing AETA, none of whom were invited to testify at the single House hearing held on AETA. Organizations in opposition include not only animal advocacy organizations, but also environmental groups such as the National Resources Defense Council and constitutional law groups such as Alliance for Justice and the National Lawyers Guild. In addition, the Association of the Bar of the City of New York, with which I am affiliated, issued Comments disapproving AETA, a copy of which is below.

Representatives who we know so far who are opposed to AETA are:
Dennis Kucinich (D) Ohio
Nydia Velasquez (D) New York
Debbie Wasserman Schultz (D) Florida
Chris Van Hollen (D) Maryland
Loretta Sanchez (D) California
Maurice Hinchey (D) New York
Carolyn Maloney (D) New York

You may know of others. Indeed, Congresswoman Maloney's office informed me that she had intended to give a speech on the House floor in opposition to AETA when her office had discovered that the bill had already been passed. The vote was originally scheduled on 11.13.06 for 6:30pm, but was rescheduled upon short notice for a mid-afternoon voice vote.

Between the Senate and the House, AETA was only voted upon by 5 members of Congress. As you know, the Senate passed AETA by unanimous consent which means that it was voted upon by default since no one blocked the vote. We heard from many members of Congress that their phones were ringing off the hook with opposition towards AETA.

The week before AETA passed, I had lobbied members of Congress, along with Alliance for Justice and League of Humane Voters. One such member was Congressman Marty Meehan (D-MA), who sits on the Subcommittee on Crime, Terrorism and Homeland Security of the House Judiciary Committee. We spoke to Christopher Hickling, Legislative Assistant to Congressman Meehan, who was very pleasant. It appeared from the conversation that the Congressman had not reviewed the bill, having instead relied upon Congressman Robert Scott of Virginia to determine whether to support the bill. Since Congressman Scott has been seen as the first line of defense for First Amendment rights, we understood that Congressman Meehan would follow Congressman Scott's recommendation to support the bill. Indeed, many Democrats followed that recommendation.

The American Civil Liberties Union had requested further changes to the bill before its passage, but were refused. The contact is Marvin Johnson at 202-675-2334 or mjohnson@dcaclu.org

Many attorneys across the country at various bar associations, and constitutional, environmental and animal advocacy groups, are extremely concerned about AETA's passage, as well as the existing law that it amends. We are able to provide national grass-roots support for AETA's repeal to support your efforts. Please let me know when your meeting is in January, and I will be sure to be there.

Sincerely, Odette J. Wilkens, Esq., Attorney-at-Law
Specializing in Corporate and Transactional Law, and Technology, Copyright, Trademark and Real Estate Law


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5. Sunday 12/17: Animal Enterprise Terrorism Act Seminar
SOURCE: Alex at Equal Justice Alliance, alex@equaljusticealliance.com

Perspectives on the Animal Enterprise Terrorism Act
WHEN: Sunday, December 17, 2006 - 1pm to 4pm

WHERE: The Peace Abbey
2 N. Main Street (Junction of Route 16 and Route 27)
Sherborn, MA 01770
ph: 508-650-3659
For detailed directions - http://www.peaceabbey.org

Program:
  • Introduction to the Peace Abbey and the Program (5)
  • Message of Unity and Recognition for the Communities
  • (Communities potentially include Animal, Environmental, Peace, Spiritual) (5)
Key Speakers
  • Congressman Dennis Kucinich & Elizabeth Kucinich, his wife (50)
  • Presentation of Courage of Conscience Award to Kucinich (10)
  • Parallels between the 1950's Red Scare and the present Green Scare (10)
  • Legal Panel: Concerns and misperceptions about AETA, the workings of the legal system... (30)
  • Advocacy Panel: How organizers intend to continue operating under AETA. (30)

Sponsored by Mass Action for Animals - an educational, advocacy, and strategy group for animals that works with the environmental, peace, and spiritual communities. Mass Action for Animals is under the umbrella of the 501c3 of the Peace Abbey.

For additional information on the seminar contact Steve B at 508-842-1450, or baerwolf@hotmail.com


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6. Judge Strikes Down Bush On Terror Groups
SOURCE: 11/29/06: Associated Press, Linda Deutsch
read full article: http://news.yahoo.com/s/ap/20061129/ap_on_re_us/terrorist_designation
read full article: http://www.noaeta.com/news.htm

EDITED FOR LENGTH
11/29/06 -- Associated Press, By Linda Deutsch: A federal judge struck down President Bush's authority to designate groups as terrorists, saying his post-Sept. 11 executive order was unconstitutionally vague, according to a ruling released Tuesday...

The judge's 45-page ruling was a reversal of her own tentative findings last July in which she indicated she would uphold wide powers asserted by Bush under an anti-terror financing law. She delayed her ruling then to allow more legal briefs to be filed...

She also struck down the provision in which Bush had authorized the secretary of the treasury to designate anyone who "assists, sponsors or provides services to" or is "otherwise associated with" a designated group.

However, she let stand sections of the order that penalize those who provide "services" to designated terrorist groups. She said such services would include the humanitarian aid and rights training proposed by the plaintiffs...

In 2004, Collins ruled that portions of the Patriot Act were too vague and, even after Congress amended the act in 2005, she ruled the provisions remained too vague to be understood by a person of average intelligence and were therefore unconstitutional..


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7. AETA In Reverse? Portland Fur Dealer "Terrorizes" Protesters
SOURCE: http://www.ktvz.com/story.cfm?nav=oregon&storyID=1746

EDITED FOR LENGTH
11/28/06 -- Protests spur Portland fur dealer's move, By Vince Patton, for kgw.com: After 112 years of doing business in downtown Portland, Schumacher Furs announced it is pulling out of the city's core and may leave the city altogether. The firm also hopes anti-fur protesters will be prosecuted as terrorists under a new law.

Sign
KGW photo / A sign posted on a window inside Schumachers store.

Every week for an entire year Schumacher has faced sidewalk protests by animal rights activists. Schumacher has blasted city officials and police for failing to support him in the face of picketers who appear weekly to try to dissuade customers from buying his coats...

Police counter that they've assigned an officer to every weekly protest and they've made occasional arrests. Police also say Schumacher has rejected their advice and has made relations with protesters worse, not better.

Mayor Tom Potter has offered to mediate. Schumacher replies, "I don't think it is reasonable to ask me to mediate with a terroristic organization."

"That's offensive," responds Matt Rossell of In Defense of Animals. "We're law-abiding citizens. In this day and age, we know what terrorism is and clearly we are exercising our first amendment rights. The real terror that's being caused here is the terror these animals go through."

...Schumacher wants the new "Animal Enterprise Terrorism Act," signed by President Bush on Monday, enforced against the picketers.

It's language is not crystal clear. One section specifically states it is not intended to prohibit peaceful picketing or boycotts. Yet, in an apparent contradiction, it outlines penalties of a year in prison for offenses that do not instill fear of injury or death and result in no economic damage.

As a result, Laura Ireland Moore, the director of the Animal Law Center at Lewis & Clark College, says she cannot predict how it would be enforced. "What this bill is certainly doing is putting a chill on the animal advocacy movement because nobody knows exactly where the line is," she said.

...Schumacher says he will move out by next spring. Until then, he is discounting every item in his store between now and the move. Some customers have been told the store may move to Bridgeport Village. Schumacher would not identify the new spot.

read full article: http://www.ktvz.com/story.cfm?nav=oregon&storyID=17461
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8. Levity - Dubya's "Letter" To An Animal Rights Activist
SOURCE: Forwarded by AnimalVoicesNews@earthlink.net

LETTER FROM GEORGE W. BUSH, from the White House
[From: Lindy Greene]

Dear Lindy,
Today I signed into law the "Animal Enterprise Terrorism Act." Now that you and your fellow animal rights activists can legally be declared terrorists, it will be much easier for me to have you designated enemy combatants, as well. Then it will be my pleasure to reserve cells for all of you in my fine offshore gulag at Guantanamo Bay.

I think you will find the accommodations and treatment by our staff to meet with your highest expectations. Your cell will be cozy (about 6' X 6') and kept at a comfortable 40 degrees. Your personal military police guard will be an expert in - and won't hesitate to apply - stress positions, sleep deprivation, water boarding, and rape. (You might like that last one, Lindy, as I understand it's been a while.) He will not hold back on administering psychological torture, either - relentlessly reminding you that you are completely at his mercy, that he can do anything he wants to you, that no one knows or cares that you are there, that you cannot challenge your incarceration in a U.S. court, and that you will most likely remain there for the rest of your life. Just wanted to dash off this note to you. Now, I have to get back to my international campaigning for additional troops and more funds so that I can step up my efforts in Iraq and Afghanistan and go to war with Iran, Korea, and China.

Sincerely,
George W. Bush, Uberreichsfuhrer
United States of Amerika


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KINSHIP CIRCLE / AETA RESOURCES
11/16/06: Questions & Rumors: Animal Enterprise Terrorism Act
11/13/06 - Done Deal? AETA Passes
11/11/06 - Post-Election AETA Action - Your Right To Speak for Animals
10/25/06 - Activism = Terrorism?
10/5/06 - If You Speak For Animals, AETA Concerns You
9/27/06 - URGENT ACTION NEEDED: Protect Your Rights
8/21/06 - Save Your Right To Protest - Animal Enterprise Terrorism Act

*Kinship Circle is a working member of the Equal Justice Alliance
http://noaeta.org/





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