NLG CALLS "TERRORISM ENHANCEMENTS" UNNECCESSARY, EXCESSIVE, AND CHILLING TO FREE SPEECH

FOR IMMEDIATE RELEASE

June 5, 2007

Contact:
Heidi Boghosian, NLG Executive Director, 212-679-5100, ext. 11
Lauren Regan, Civil Liberties Defense Center, Eugene, OR, 541-687-9180

New York. The National Lawyers Guild calls the terrorism sentencing enhancement
issued to Daniel McGowan yesterday an unnecessary and excessive government tactic to
discourage the exercise of free speech. U.S. District Court Judge Ann Aiken
sentenced McGowan to seven years in prison, calling one of the fires an act of
terrorism because of a communication issued after the first that referred to
potential legislation aimed at activists
(which would indicate an attempt to influence the government). McGowan was one of
four defendants who plead guilty with the understanding that they would not
implicate others who took part in similar actions.

Ten activists plead guilty to committing property crimes-most of which were
arsons-that carry average sentences ranging from 5-8 years in prison. The terrorism
enhancement, Section 3A1.4 of federal Sentencing Guidelines, can add 20 years to
each of the sentences laid out in the plea agreements. Formal sentencing began on
May 22 and continued through today.

National Lawyers Guild Executive Director Heidi Boghosian says, "Is this what a
terrorist is? Applying terrorism enhancement to property crimes where the
perpetrators went out of their way to minimize the risk to human life makes little
sense as a matter of law or common sense. Americans know the different between
Daniel McGowan and Osama bin Laden, and this effort to subvert the fairness of the
judicial system is an affront to the values they hold dear."

In January the Guild wrote to Judge Aiken urging her to not apply the enhancement
for McGowan's property crimes:

"As an organization that has frequently defended the First Amendment rights of
individuals and causes disfavored by the government, in the past 70 years, the
National Lawyers Guild is deeply troubled by the government's application of
terrorism sentencing enhancements to environmental activists. Many of our members
are criminal defense attorneys, and many
have seen firsthand the chilling effect the government has on unpopular views, from
the House Un-American Activities Committee to the present-day labeling by the FBI of
environmental and animal rights activists as a top "domestic terrorism" priority.
The use of a terrorism enhancement in this case effectively punishes an act of arson
more harshly on the basis of the viewpoint that motivates it; as such, we believe
that it is intended to crack down on environmental activism more generally, by
raising the fear that any misstep could lead to prosecution as a terrorist."

If the enhanced penalties suggest discrimination based on a particular viewpoint or
ideology, it should be noted that they are not necessary: even without them the
crimes to which many environmental activists have plead guilty carry significant
prison time. The National Lawyers Guild believes that criminal acts must be punished
according to the penal law, and that the law as applied to this case carries
sufficient penalties.

Founded in 1937 as the first racially integrated national bar association, the
National Lawyers Guild is the oldest and largest public interest/human rights bar
organization in the United States, with more than 200 chapters. The Guild has a long
history of representing individuals whose rights have been violated by governments
in the U.S. and abroad.