1 00:00:01,720 --> 00:00:05,120 Speaker 1: Cool Zone Media. 2 00:00:05,320 --> 00:00:08,680 Speaker 2: Hello, Welcome to It Could Happen Here, a podcast about 3 00:00:08,720 --> 00:00:11,640 Speaker 2: things falling apart and the people trying to put them 4 00:00:11,840 --> 00:00:16,200 Speaker 2: back together again. I am today's guest host, Margaret Kiljoy. 5 00:00:17,440 --> 00:00:21,840 Speaker 2: Today is one of those episodes about people, well trying 6 00:00:21,840 --> 00:00:23,840 Speaker 2: to put it back together again, or I guess really 7 00:00:24,239 --> 00:00:28,920 Speaker 2: an episode about people trying to stop them from making 8 00:00:28,960 --> 00:00:31,880 Speaker 2: things fall apart, because today I'm going to talk a 9 00:00:31,880 --> 00:00:34,839 Speaker 2: little bit about the fight against the Mountain Valley Natural 10 00:00:34,880 --> 00:00:40,360 Speaker 2: Gas pipeline. Last Tuesday, February twenty fifth, twenty twenty five, 11 00:00:41,000 --> 00:00:43,640 Speaker 2: the last criminal trials from the campaign to stop the 12 00:00:43,680 --> 00:00:48,440 Speaker 2: Mountain Valley pipeline were held in Parisburg, Virginia. As you 13 00:00:48,520 --> 00:00:51,320 Speaker 2: might have guessed based on the fact that you've never 14 00:00:51,360 --> 00:00:55,360 Speaker 2: heard of Parisburg, Virginia, it's a tiny town nestled in 15 00:00:55,400 --> 00:01:00,160 Speaker 2: the Appalachian Mountains. It's also the county seat of Giles County, Virginia, 16 00:01:00,480 --> 00:01:04,160 Speaker 2: and it the town is home to almost three thousand people. 17 00:01:04,880 --> 00:01:07,119 Speaker 2: It's in the southwest of the state, right up against 18 00:01:07,120 --> 00:01:11,479 Speaker 2: West Virginia. Culture and geography, of course, both reject things 19 00:01:11,720 --> 00:01:15,319 Speaker 2: like state lines, though governments are obsessed with them. For 20 00:01:15,400 --> 00:01:18,480 Speaker 2: ten years, the people of Central Appalachia on both sides 21 00:01:18,520 --> 00:01:23,080 Speaker 2: of the imaginary line fought against this destructive pipeline. Their 22 00:01:23,120 --> 00:01:27,840 Speaker 2: campaign tied nonviolent direct action with lawsuits and public pressure campaigns, 23 00:01:28,400 --> 00:01:32,160 Speaker 2: and they very nearly won. It took backdoor dealings at 24 00:01:32,160 --> 00:01:35,080 Speaker 2: the highest level of power to force the pipeline's construction, 25 00:01:35,680 --> 00:01:39,560 Speaker 2: with West Virginia Senator Joe Manchin holding twenty twenty three's 26 00:01:39,600 --> 00:01:44,560 Speaker 2: Inflation Reduction Act hostage until President Biden personally guaranteed that 27 00:01:44,600 --> 00:01:49,240 Speaker 2: the pipeline would be constructed, overriding all of the courts, activists, 28 00:01:49,240 --> 00:01:53,760 Speaker 2: and locals who blocked it along the way. Essentially, the 29 00:01:53,800 --> 00:01:57,880 Speaker 2: ostensible Democrat Joe Manchin said, fine, I'll vote for your 30 00:01:57,880 --> 00:02:00,520 Speaker 2: climate bill, but only if you fuck over the state 31 00:02:00,560 --> 00:02:06,040 Speaker 2: that I represent. The pipeline, owned by Mountain Valley Pipeline LLC, 32 00:02:06,760 --> 00:02:09,639 Speaker 2: was supposed to be built in a year. Thanks to 33 00:02:09,720 --> 00:02:12,320 Speaker 2: the campaign against it, it took six and a half 34 00:02:12,440 --> 00:02:15,639 Speaker 2: years to build. It was intended to cost the company 35 00:02:16,000 --> 00:02:19,560 Speaker 2: three billion dollars. It costs them more than twice that, 36 00:02:20,320 --> 00:02:24,440 Speaker 2: which is not bad for a scrappy movement of mountain people, hippies, 37 00:02:24,480 --> 00:02:27,360 Speaker 2: and punks. It's not bad for a bunch of grandma's 38 00:02:27,480 --> 00:02:30,640 Speaker 2: and college kids. I'll be covering the full campaign in 39 00:02:30,680 --> 00:02:33,200 Speaker 2: more details soon on cool People Who Did Cool Stuff. 40 00:02:33,760 --> 00:02:38,720 Speaker 2: This podcast is instead about the trials. Twelve defendants went 41 00:02:38,760 --> 00:02:42,120 Speaker 2: before the court that day, eleven of them facing felonies 42 00:02:42,360 --> 00:02:45,359 Speaker 2: and serious prison time. In the end, none of them 43 00:02:45,360 --> 00:02:47,760 Speaker 2: were sentenced to time behind bars. I am happy to 44 00:02:47,800 --> 00:02:51,200 Speaker 2: say a friend of mine invited me down to cover 45 00:02:51,240 --> 00:02:54,320 Speaker 2: the trials. Twelve defendants, all in the same day, all 46 00:02:54,360 --> 00:02:57,120 Speaker 2: in the same courtroom, with the same judge. I said, yes, 47 00:02:58,320 --> 00:03:00,560 Speaker 2: West Virginia is a bigger state than its own map 48 00:03:00,560 --> 00:03:03,600 Speaker 2: would indicate because there aren't freeways that run through it, 49 00:03:03,639 --> 00:03:05,720 Speaker 2: so it takes a very long time to get anywhere. 50 00:03:06,320 --> 00:03:08,600 Speaker 2: So I packed up my van and headed down on 51 00:03:08,680 --> 00:03:13,200 Speaker 2: Monday night. That night, sleeping in my van, I had 52 00:03:13,240 --> 00:03:16,240 Speaker 2: a stress dream about court, where I'd forgotten to take 53 00:03:16,280 --> 00:03:18,880 Speaker 2: off my knife before going through the metal detectors and 54 00:03:19,320 --> 00:03:22,280 Speaker 2: spent a very long time talking to various cops about 55 00:03:22,360 --> 00:03:25,160 Speaker 2: who I was and why I was there, before being 56 00:03:25,160 --> 00:03:28,280 Speaker 2: stuck outside the courthouse and a large crowd of protesters 57 00:03:28,320 --> 00:03:31,920 Speaker 2: surrounded by a large crowd of cops. In that dream, 58 00:03:32,160 --> 00:03:35,000 Speaker 2: someone who wasn't on either side stood up to give 59 00:03:35,040 --> 00:03:37,800 Speaker 2: a speech but too near an open flame in his 60 00:03:37,880 --> 00:03:41,200 Speaker 2: clothes caught fire. Us anarchists again, I'm talking about my 61 00:03:41,240 --> 00:03:43,680 Speaker 2: dream here. Aus anarchist rushed to help him while the 62 00:03:43,680 --> 00:03:46,360 Speaker 2: cops stared on with blank Stairs. We beat out the 63 00:03:46,360 --> 00:03:49,440 Speaker 2: flames and held his burned body while the cops stared 64 00:03:49,480 --> 00:03:52,600 Speaker 2: on with blank Stairs. We screamed for someone to call 65 00:03:52,600 --> 00:03:55,760 Speaker 2: an ambulance while the cops stared on with blank Stairs. 66 00:03:57,400 --> 00:04:00,680 Speaker 2: I like when my dreams lend themselves to obvious symbolism 67 00:04:01,120 --> 00:04:03,680 Speaker 2: in this moment, where the apparatus of the state is 68 00:04:03,720 --> 00:04:06,200 Speaker 2: content to let all of us burn, whether in the 69 00:04:06,200 --> 00:04:10,120 Speaker 2: fires of fascism or the fires of climate change. But 70 00:04:10,720 --> 00:04:13,880 Speaker 2: I woke up disturbed nonetheless, with the sun barely over 71 00:04:13,920 --> 00:04:16,960 Speaker 2: the horizon. I ate a quick breakfast, and I drove 72 00:04:17,000 --> 00:04:19,120 Speaker 2: the rest of the way up to the actual courthouse 73 00:04:19,160 --> 00:04:23,080 Speaker 2: and the actual trial. Fortunately, at the actual thing, no 74 00:04:23,120 --> 00:04:26,520 Speaker 2: one caught fire. I parked on a nearby street and 75 00:04:26,600 --> 00:04:29,600 Speaker 2: made my way to the courthouse. It didn't accidentally bring 76 00:04:29,640 --> 00:04:32,000 Speaker 2: a pocket knife, which is easy for me to do 77 00:04:32,160 --> 00:04:33,800 Speaker 2: since I usually have three on me because I am 78 00:04:33,800 --> 00:04:38,280 Speaker 2: a totally normal human. I did, though, bring an audio recorder, 79 00:04:38,480 --> 00:04:41,760 Speaker 2: which was equally forbidden in the courtroom. I went through 80 00:04:41,760 --> 00:04:44,040 Speaker 2: the metal detector and surrendered my little bag with the 81 00:04:44,120 --> 00:04:47,800 Speaker 2: Zoom recorder. Later, press came into the room and I 82 00:04:47,839 --> 00:04:49,919 Speaker 2: tried to get my recorder back, but I was told 83 00:04:50,400 --> 00:04:54,599 Speaker 2: that's real media. Without a press badge, I don't look 84 00:04:54,720 --> 00:04:57,800 Speaker 2: much like someone who works for iHeart. I settled into 85 00:04:57,839 --> 00:05:01,159 Speaker 2: a seat and waited for the proceedings. ECO defendants and 86 00:05:01,200 --> 00:05:05,640 Speaker 2: ECO defenders both poured into the tiny, dingy courtroom. The 87 00:05:05,680 --> 00:05:09,800 Speaker 2: ceiling had holes in it, the drywall was sagging. Appalachia 88 00:05:10,000 --> 00:05:13,400 Speaker 2: isn't extracted from region. A place from which wealth is gathered, 89 00:05:13,800 --> 00:05:17,960 Speaker 2: not a place where wealth goes. We were reminded repeatedly 90 00:05:18,080 --> 00:05:20,760 Speaker 2: that the fire code limited occupancy of the roomed eighty 91 00:05:20,839 --> 00:05:23,800 Speaker 2: nine people, and it sure seemed like they brought in 92 00:05:23,839 --> 00:05:26,239 Speaker 2: as many cops as they could to limit our numbers. 93 00:05:27,040 --> 00:05:30,880 Speaker 2: Many more supporters waited outside. Most of what I did 94 00:05:30,880 --> 00:05:33,880 Speaker 2: that day was weight in the courtroom, because most of 95 00:05:33,920 --> 00:05:38,160 Speaker 2: the courtroom drama was happening behind closed doors as the prosecutor, 96 00:05:38,320 --> 00:05:41,200 Speaker 2: the judge, and the aid or so defense attorneys all 97 00:05:41,320 --> 00:05:45,200 Speaker 2: argued and fought over the details of plea deals. Most 98 00:05:45,240 --> 00:05:49,000 Speaker 2: of these characters judge, prosecutor, and lawyers were quite familiar 99 00:05:49,040 --> 00:05:51,720 Speaker 2: to the people working with the movement. This was the 100 00:05:51,800 --> 00:05:55,159 Speaker 2: last trial of many throughout the ten year campaign, which 101 00:05:55,200 --> 00:05:58,599 Speaker 2: has relied heavily on nonviolent direct action since twenty eighteen. 102 00:05:59,480 --> 00:06:02,600 Speaker 2: The prosecut in particular, a guy named Bobby Lilly, was 103 00:06:02,640 --> 00:06:06,719 Speaker 2: a well known figure. Usually when people say things like 104 00:06:07,240 --> 00:06:12,720 Speaker 2: the prosecutor was a clown, they're speaking figuratively. But Bobby Lilly, 105 00:06:12,839 --> 00:06:16,000 Speaker 2: the prosecutor is a balloon artist in his free time, 106 00:06:16,400 --> 00:06:18,560 Speaker 2: and his Facebook is full of photos of all of 107 00:06:18,560 --> 00:06:22,400 Speaker 2: his balloon creations. The rumor is that he clowned his 108 00:06:22,440 --> 00:06:25,479 Speaker 2: way through law school, all right. Which, look, if I 109 00:06:25,560 --> 00:06:28,280 Speaker 2: wasn't predisposed to not like this man because he was 110 00:06:28,400 --> 00:06:30,440 Speaker 2: arguing for the imprisonment of people trying to save all 111 00:06:30,480 --> 00:06:32,919 Speaker 2: life on earth, I would kind of think that's cool. 112 00:06:33,839 --> 00:06:36,560 Speaker 2: But it does mean that there was a clown prosecution. 113 00:06:37,520 --> 00:06:39,919 Speaker 2: And some people who were there to support the defendants 114 00:06:40,480 --> 00:06:43,720 Speaker 2: wore balloon animal hats to mock Bobby Lily, though they 115 00:06:43,720 --> 00:06:46,240 Speaker 2: were forced to leave those hats outside as no hats 116 00:06:46,279 --> 00:06:49,960 Speaker 2: of any kind were allowed in the courtroom. Coming in 117 00:06:49,960 --> 00:06:52,560 Speaker 2: that morning, we expected most of the defendants to take 118 00:06:52,640 --> 00:06:57,040 Speaker 2: non cooperating plea deals. They'd already agreed to. Non cooperating 119 00:06:57,080 --> 00:07:00,040 Speaker 2: plea deals are deals in which the defendant refuses to 120 00:07:00,080 --> 00:07:04,159 Speaker 2: cooperate with the state's investigation of other protesters. Basically, this 121 00:07:04,320 --> 00:07:08,400 Speaker 2: means these are non snitching deals a few of the defendants, 122 00:07:08,440 --> 00:07:11,840 Speaker 2: though we're ready to take their cases to trial, I've 123 00:07:11,840 --> 00:07:14,840 Speaker 2: decided to largely not use people's names in this reporting. 124 00:07:15,560 --> 00:07:18,160 Speaker 2: Those names are a matter of public record, of course, 125 00:07:18,560 --> 00:07:21,920 Speaker 2: but we are entering unprecedented times, and I don't see 126 00:07:21,920 --> 00:07:24,720 Speaker 2: any particular advantage in making their names more public than 127 00:07:24,720 --> 00:07:27,120 Speaker 2: they already are. But do you know what I do 128 00:07:27,240 --> 00:07:30,960 Speaker 2: want to make public the sweet sweet deals offered by 129 00:07:31,000 --> 00:07:35,840 Speaker 2: our advertisers. I love making those public. Here they are, 130 00:07:46,280 --> 00:07:51,240 Speaker 2: and we're back. The charges against the defendants seem politically motivated. 131 00:07:52,000 --> 00:07:54,680 Speaker 2: This isn't to say the defendants might not have walked 132 00:07:54,720 --> 00:07:58,280 Speaker 2: onto pipeline work sites and disrupted activity there. There was 133 00:07:58,320 --> 00:08:01,800 Speaker 2: certainly a coordinated campaign to do just that, but the 134 00:08:01,880 --> 00:08:05,800 Speaker 2: charges against them were artificially inflated. I was talking to 135 00:08:05,840 --> 00:08:08,520 Speaker 2: a supporter during one of the many long interludes in 136 00:08:08,560 --> 00:08:12,360 Speaker 2: the proceedings who explained to me that nearly everyone on 137 00:08:12,440 --> 00:08:15,440 Speaker 2: trial that day, and a large percentage of all defendants 138 00:08:15,520 --> 00:08:19,360 Speaker 2: throughout the course of the campaign were charged with felony 139 00:08:19,440 --> 00:08:24,720 Speaker 2: misuse of a motor vehicle aka joy riding. To be clear, 140 00:08:25,000 --> 00:08:27,840 Speaker 2: no one has been accused of hijacking construction equipment and 141 00:08:28,000 --> 00:08:31,520 Speaker 2: riding it around. It's just one of the many charges 142 00:08:31,600 --> 00:08:34,360 Speaker 2: levied at protesters in order to get their bail denied 143 00:08:34,480 --> 00:08:37,960 Speaker 2: or inflated to tie everyone up in legal proceedings for 144 00:08:38,040 --> 00:08:42,080 Speaker 2: longer and intimidate people into pleting guilty to lesser charges. 145 00:08:42,679 --> 00:08:45,319 Speaker 2: These are similar to the kidnapping charges that a lot 146 00:08:45,320 --> 00:08:49,040 Speaker 2: of protesters got as well, despite that, well, no one 147 00:08:49,160 --> 00:08:53,160 Speaker 2: was kidnapped during the course of the campaign, except of course, 148 00:08:53,679 --> 00:08:58,600 Speaker 2: by the state. Another supporter explained to me, inflated charges 149 00:08:58,679 --> 00:09:01,560 Speaker 2: has been part of the Mountain Valley Pipeline's legal strategy 150 00:09:01,640 --> 00:09:04,800 Speaker 2: all along. The same as protesters look to tie the 151 00:09:04,840 --> 00:09:09,719 Speaker 2: pipeline company up in court and delay construction, MVP's strategy 152 00:09:09,840 --> 00:09:12,320 Speaker 2: seems to have been to drag out court cases and 153 00:09:12,720 --> 00:09:15,400 Speaker 2: keep as many individual force defenders caught up in legal 154 00:09:15,480 --> 00:09:20,400 Speaker 2: jeopardy as possible. Of course, they shouldn't actually have the 155 00:09:20,520 --> 00:09:24,640 Speaker 2: means to change people's charges, But if the fight against 156 00:09:24,800 --> 00:09:27,680 Speaker 2: MVP has taught us anything, it's that the state caves 157 00:09:27,679 --> 00:09:32,560 Speaker 2: to business interests every time. Most defendants from the course 158 00:09:32,600 --> 00:09:35,920 Speaker 2: of the campaign have taken pleas that include suspended sentences 159 00:09:36,440 --> 00:09:38,600 Speaker 2: so that they never do jail time as long as 160 00:09:38,640 --> 00:09:41,480 Speaker 2: they promise to never try to save the world from 161 00:09:41,559 --> 00:09:46,080 Speaker 2: fossil fuel infrastructure. It seems like MVP wants each person 162 00:09:46,160 --> 00:09:48,960 Speaker 2: who catches charges to be out of the fight, but 163 00:09:49,080 --> 00:09:51,760 Speaker 2: fortunately Frontline's work is only a portion of the work 164 00:09:51,800 --> 00:09:55,840 Speaker 2: involved in defending the earth. When someone told me that 165 00:09:55,880 --> 00:09:59,360 Speaker 2: this was MVP's strategy to catch everyone up on charges, 166 00:10:00,080 --> 00:10:04,200 Speaker 2: I wasn't really skeptical because it made sense, but I 167 00:10:04,240 --> 00:10:08,200 Speaker 2: still had that confirmed for me in the courtroom. You see, 168 00:10:08,280 --> 00:10:11,439 Speaker 2: a few lawyers or other legal representatives of MVP were 169 00:10:11,440 --> 00:10:14,360 Speaker 2: present in the courtroom that day, standing at the back 170 00:10:14,400 --> 00:10:17,560 Speaker 2: of the room, seemingly eves dropping on the courtroom chatter. 171 00:10:18,200 --> 00:10:20,040 Speaker 2: Word on the street was that part of their goal 172 00:10:20,280 --> 00:10:23,720 Speaker 2: was to gather information for the ongoing civil litigation happening 173 00:10:23,760 --> 00:10:28,200 Speaker 2: against environmentalists. But eves dropping goes both ways, and one 174 00:10:28,280 --> 00:10:31,200 Speaker 2: supporter I talked to overheard them talking to each other 175 00:10:31,280 --> 00:10:34,040 Speaker 2: about how they wish they could drag these cases out 176 00:10:34,240 --> 00:10:39,000 Speaker 2: even longer. Once court began, defendants went up one by 177 00:10:39,080 --> 00:10:43,440 Speaker 2: one before the judge, most entered pleas of not guilty 178 00:10:43,480 --> 00:10:47,320 Speaker 2: with stipulation. This is, in essence, a way to accept 179 00:10:47,320 --> 00:10:51,320 Speaker 2: a plea agreement without actually accepting guilt. So each person 180 00:10:51,360 --> 00:10:54,640 Speaker 2: went up pleaded not guilty with stipulation, and then was 181 00:10:54,679 --> 00:10:58,320 Speaker 2: found guilty by the judge on their lesser charges. The 182 00:10:58,400 --> 00:11:02,280 Speaker 2: process took three to six minutes per defendant attract it. 183 00:11:03,320 --> 00:11:06,720 Speaker 2: The defendants were there for arrests stemming from actions that 184 00:11:06,800 --> 00:11:10,840 Speaker 2: happened between October twenty twenty three and March twenty twenty four, 185 00:11:11,559 --> 00:11:15,560 Speaker 2: from three different actions, all on nearby Peters Mountain, a 186 00:11:15,600 --> 00:11:19,080 Speaker 2: mountain which sits on the horizon of Parrisburg, Virginia, and 187 00:11:19,120 --> 00:11:23,200 Speaker 2: which defies the border between Virginia and West Virginia. Most 188 00:11:23,240 --> 00:11:26,400 Speaker 2: of the action from the campaign happened on either Peter's 189 00:11:26,440 --> 00:11:31,480 Speaker 2: Mountain or another mountain in another county, Poor Mountain. One 190 00:11:31,520 --> 00:11:34,640 Speaker 2: action in October twenty twenty three, like I said, court 191 00:11:34,640 --> 00:11:37,320 Speaker 2: has been dragged out for a very long time, was 192 00:11:37,360 --> 00:11:39,880 Speaker 2: an action in which one person locked themselves to an 193 00:11:39,920 --> 00:11:43,679 Speaker 2: excavator while others were there in support. The supporters of 194 00:11:43,720 --> 00:11:47,160 Speaker 2: the action were facing felonies too, some of them A 195 00:11:47,200 --> 00:11:50,360 Speaker 2: while back were re arrested at their own arraignments, given 196 00:11:50,400 --> 00:11:54,360 Speaker 2: additional charges, and put into jail for days. It's not 197 00:11:54,480 --> 00:11:56,840 Speaker 2: hard to imagine why the defendants were nervous in the 198 00:11:56,880 --> 00:11:59,880 Speaker 2: courtroom that day, even though most of them had already 199 00:11:59,880 --> 00:12:02,720 Speaker 2: seen sorted out their plea agreements ahead of time. The 200 00:12:02,760 --> 00:12:08,040 Speaker 2: state is fickle, condescending, and unpredictable. One of the defendants 201 00:12:08,120 --> 00:12:10,400 Speaker 2: that I talked to told me about their own case. 202 00:12:11,080 --> 00:12:14,600 Speaker 2: The evidence supporting the charges against pretty much everyone was weak, 203 00:12:14,920 --> 00:12:17,880 Speaker 2: but the evidence supporting the charges against this particular person 204 00:12:17,920 --> 00:12:22,200 Speaker 2: were particularly weak. The state kept offering this person plea 205 00:12:22,240 --> 00:12:25,880 Speaker 2: deals before anyone else. Will you be offering the same 206 00:12:25,920 --> 00:12:29,560 Speaker 2: deal to my co defendants, the defendant kept asking. The 207 00:12:29,600 --> 00:12:33,319 Speaker 2: state kept saying no, so the defendant kept refusing the deal. 208 00:12:34,160 --> 00:12:37,320 Speaker 2: That defendant came to court fully expecting to stand trial 209 00:12:38,000 --> 00:12:39,880 Speaker 2: rather than take a better deal than what their co 210 00:12:40,000 --> 00:12:43,400 Speaker 2: defendants were getting. The big story of the day actually 211 00:12:43,440 --> 00:12:46,320 Speaker 2: revolves around that particular point. At least one of the 212 00:12:46,320 --> 00:12:49,320 Speaker 2: defendants who came prepared to stand trial last Tuesday wound 213 00:12:49,400 --> 00:12:52,400 Speaker 2: up being offered much more generous plea agreements at the 214 00:12:52,440 --> 00:12:55,360 Speaker 2: last minute because the state knew its case against them 215 00:12:55,720 --> 00:13:00,160 Speaker 2: was flimsy. Those who accepted non cooperating plea deals were 216 00:13:00,240 --> 00:13:05,680 Speaker 2: hit with suspended sentences, community service, and restitution. The details 217 00:13:05,720 --> 00:13:08,640 Speaker 2: differed from case to case, but in general, people were 218 00:13:08,679 --> 00:13:11,280 Speaker 2: given a year in prison hanging over their heads if 219 00:13:11,280 --> 00:13:14,000 Speaker 2: they're caught breaking the law in the next year, and 220 00:13:14,080 --> 00:13:16,480 Speaker 2: have to spend between fifty and one hundred hours doing 221 00:13:16,520 --> 00:13:20,160 Speaker 2: manual labor for Giles County, Virginia. I've been told this 222 00:13:20,160 --> 00:13:23,559 Speaker 2: can range from something benign like painting murals to something 223 00:13:23,640 --> 00:13:27,360 Speaker 2: intentionally humiliating, like cleaning the toilets at the police station. 224 00:13:28,480 --> 00:13:33,000 Speaker 2: The single biggest issue of contention was restitution. The defendants 225 00:13:33,040 --> 00:13:35,959 Speaker 2: are being ordered to pay for the overtime costs associated 226 00:13:36,000 --> 00:13:39,840 Speaker 2: with arresting them. One defendant, who was I believe arrested 227 00:13:39,880 --> 00:13:42,960 Speaker 2: at a mom's against the pipeline's action, a woman who 228 00:13:43,000 --> 00:13:45,040 Speaker 2: simply wants her children to grow up in a world 229 00:13:45,080 --> 00:13:48,640 Speaker 2: with a habitable ecosystem, was in court last Tuesday to 230 00:13:48,640 --> 00:13:52,800 Speaker 2: contest their restitution payments. This is, as I understand it, 231 00:13:53,040 --> 00:13:55,640 Speaker 2: the only issue that was not fully resolved that day. 232 00:13:56,480 --> 00:13:59,160 Speaker 2: The case the defense made was one that I found convincing, 233 00:13:59,280 --> 00:14:03,000 Speaker 2: though of course I bias in that direction. Essentially, The 234 00:14:03,040 --> 00:14:06,160 Speaker 2: defense's case was that people are not legally on the 235 00:14:06,160 --> 00:14:09,559 Speaker 2: hook for the investigation of their own crime, that it 236 00:14:09,600 --> 00:14:12,400 Speaker 2: would set a very dangerous precedent to have people have 237 00:14:12,440 --> 00:14:16,160 Speaker 2: to pay for the cops's time to arrest them. The 238 00:14:16,200 --> 00:14:20,920 Speaker 2: prosecutor's argument was, and I rudely paraphrase here, yeah, but 239 00:14:21,000 --> 00:14:24,040 Speaker 2: fuck these people in particular, that because there was a 240 00:14:24,080 --> 00:14:28,000 Speaker 2: campaign against the MVP, their crimes ought to be treated differently, 241 00:14:28,160 --> 00:14:30,160 Speaker 2: in the same standard of the rule of law should 242 00:14:30,160 --> 00:14:33,360 Speaker 2: not apply to them. Again, I'm paraphrasing, but that really 243 00:14:33,440 --> 00:14:36,400 Speaker 2: was the takeaway that I seem to get. The judge 244 00:14:36,440 --> 00:14:38,280 Speaker 2: said he would need to consider the case law on 245 00:14:38,320 --> 00:14:40,400 Speaker 2: the matter and would not rule on it that day. 246 00:14:41,480 --> 00:14:43,760 Speaker 2: But you know what he would have ruled on if 247 00:14:43,760 --> 00:14:46,400 Speaker 2: he was the judge of this podcast. He would have 248 00:14:46,520 --> 00:15:00,920 Speaker 2: ruled that it is time for advertising and we're back. 249 00:15:02,800 --> 00:15:05,160 Speaker 2: The only case that actually went to trial, as I 250 00:15:05,240 --> 00:15:08,480 Speaker 2: understand it, was for the only misdemeanor case of the day, 251 00:15:08,960 --> 00:15:12,080 Speaker 2: a protester who was accused and convicted later at the 252 00:15:12,120 --> 00:15:14,880 Speaker 2: end of the trial of spending a couple days living 253 00:15:14,920 --> 00:15:17,320 Speaker 2: inside a length of pipe to prevent it from being 254 00:15:17,360 --> 00:15:20,760 Speaker 2: buried in the earth. The full incompetence of the police 255 00:15:20,840 --> 00:15:23,520 Speaker 2: was on display from the state trooper who didn't know 256 00:15:23,560 --> 00:15:25,760 Speaker 2: what the word diameter meant when asked to describe the 257 00:15:25,760 --> 00:15:28,560 Speaker 2: pipeline in question, to the police, who admitted that they 258 00:15:28,560 --> 00:15:31,600 Speaker 2: didn't actually bother watching the entrance to the pipe, so 259 00:15:31,640 --> 00:15:34,640 Speaker 2: they didn't actually see the protester. When they emerged from 260 00:15:34,680 --> 00:15:37,840 Speaker 2: the pipe. In court, the cop said the protester came 261 00:15:37,920 --> 00:15:41,280 Speaker 2: up to them to turn themselves in and said, quote, well, 262 00:15:41,640 --> 00:15:45,239 Speaker 2: you're lucky, I'm honest. A large part of the defense's 263 00:15:45,320 --> 00:15:47,920 Speaker 2: case was that the defendant had been denied the right 264 00:15:47,960 --> 00:15:51,720 Speaker 2: to a speedy trial, which seems true to me. Misdemeanors 265 00:15:51,720 --> 00:15:54,080 Speaker 2: in particular supposed to move through the court system quickly, 266 00:15:54,240 --> 00:15:57,680 Speaker 2: not drag on for a year, because again it seems 267 00:15:57,760 --> 00:16:00,360 Speaker 2: quite likely that MVP has been working and from the 268 00:16:00,360 --> 00:16:03,600 Speaker 2: start to drag on court cases as long as possible. 269 00:16:04,840 --> 00:16:07,680 Speaker 2: All the while the trial went on, supporters outside had 270 00:16:07,680 --> 00:16:10,240 Speaker 2: a table set up in the parking lot with homemade food, 271 00:16:10,680 --> 00:16:12,920 Speaker 2: a staple of this movement. As far as I can tell, 272 00:16:13,560 --> 00:16:16,160 Speaker 2: the connections between the front lines and their supporters built 273 00:16:16,200 --> 00:16:20,320 Speaker 2: a very strong movement. Indeed, after the trial, an older 274 00:16:20,360 --> 00:16:22,960 Speaker 2: local man gave a heartfelt thank you to everyone who 275 00:16:22,960 --> 00:16:24,840 Speaker 2: had put their bodies on the line to protect the 276 00:16:24,920 --> 00:16:28,240 Speaker 2: mountains he loves, and I went around and talked to people, 277 00:16:28,840 --> 00:16:31,320 Speaker 2: feeling a bit odd to be there as a stranger 278 00:16:31,360 --> 00:16:35,880 Speaker 2: to the movement and as a journalist. Blocking pipeline construction 279 00:16:35,960 --> 00:16:40,280 Speaker 2: through nonviolent direct action is simple and principle, but complicated 280 00:16:40,280 --> 00:16:43,200 Speaker 2: in the details. The core of it is that you 281 00:16:43,280 --> 00:16:46,320 Speaker 2: leverage your own safety in order to prevent construction crews 282 00:16:46,360 --> 00:16:49,720 Speaker 2: from working. Since your own safety is what you're gambling with, 283 00:16:49,920 --> 00:16:54,280 Speaker 2: it's well not safe the ideas you put your own 284 00:16:54,320 --> 00:16:58,120 Speaker 2: body on the line. In nineteen ninety eight, for example, 285 00:16:58,120 --> 00:17:01,840 Speaker 2: an Earth First activist named David died when a lagger 286 00:17:01,920 --> 00:17:05,080 Speaker 2: dropped a tree on him and killed him, and despite 287 00:17:05,080 --> 00:17:07,720 Speaker 2: ample evidence that the lagger in question had been aware 288 00:17:07,720 --> 00:17:11,000 Speaker 2: of the protesters and had been threatening them, no charges 289 00:17:11,000 --> 00:17:14,439 Speaker 2: were pressed against him. In two thousand and three, an 290 00:17:14,480 --> 00:17:17,800 Speaker 2: American anarchist piece worker named Rachel Corey was killed in 291 00:17:17,840 --> 00:17:20,199 Speaker 2: the Gaza Strip when she stood in front of an 292 00:17:20,280 --> 00:17:23,960 Speaker 2: Israeli bulldozer trying to stop the bulldozer from demolishing a 293 00:17:24,000 --> 00:17:28,120 Speaker 2: Palestinian home. Even when you aren't murdered for doing it, 294 00:17:28,600 --> 00:17:32,280 Speaker 2: the work itself is dangerous too. Shortly before I joined 295 00:17:32,280 --> 00:17:35,800 Speaker 2: my first forest defense campaign in the Pacific Northwest, an 296 00:17:35,840 --> 00:17:38,680 Speaker 2: activist named Whorhound had just fallen to her death from 297 00:17:38,720 --> 00:17:42,000 Speaker 2: a tree sit and her absence was a tangible presence 298 00:17:42,040 --> 00:17:45,000 Speaker 2: in every meeting and every forest defense camp for years after. 299 00:17:46,000 --> 00:17:49,040 Speaker 2: So I don't feel like I'm speaking hyperbolically when I 300 00:17:49,080 --> 00:17:51,680 Speaker 2: say that in that courtroom were some of the bravest 301 00:17:51,680 --> 00:17:54,720 Speaker 2: people I've ever met, who risked their lives to stop 302 00:17:54,760 --> 00:17:58,199 Speaker 2: a clear and present threat against it. And again, I 303 00:17:58,320 --> 00:18:01,639 Speaker 2: genuinely believe this is not hyperbolic to say clear and 304 00:18:01,680 --> 00:18:05,320 Speaker 2: present thread against all life on Earth. Climate change could 305 00:18:05,440 --> 00:18:08,840 Speaker 2: very easily destroy every ecosystem on the planet. This fight 306 00:18:09,440 --> 00:18:13,320 Speaker 2: is bigger than Appalachia. These forest defenders at this last 307 00:18:13,359 --> 00:18:17,000 Speaker 2: trial knew that they would likely face felonies where they arrested, 308 00:18:17,359 --> 00:18:19,480 Speaker 2: and they knew that people have died doing this work 309 00:18:19,520 --> 00:18:22,479 Speaker 2: before them. And I don't want to speak to everyone 310 00:18:22,560 --> 00:18:25,560 Speaker 2: involves gender identity, but it seems likely that some of 311 00:18:25,560 --> 00:18:28,800 Speaker 2: them were trans as well, and thus risking spending prison 312 00:18:28,840 --> 00:18:31,840 Speaker 2: time in the wrong prisons, which is a particularly dangerous 313 00:18:31,840 --> 00:18:34,600 Speaker 2: position to be in. I don't say this to try 314 00:18:34,640 --> 00:18:37,600 Speaker 2: to scare people out of joining movements like this. I 315 00:18:37,640 --> 00:18:40,960 Speaker 2: can name people who have died in nonviolent direct action campaigns, 316 00:18:41,240 --> 00:18:44,840 Speaker 2: and occasionally people have served real jail time. But I've 317 00:18:44,880 --> 00:18:48,520 Speaker 2: met thousands and thousands more who have saved wild places, 318 00:18:48,760 --> 00:18:51,960 Speaker 2: who have built lifelong friendships, and who have proven to 319 00:18:52,000 --> 00:18:55,080 Speaker 2: themselves that they are who they hoped they would be. 320 00:18:56,440 --> 00:18:59,200 Speaker 2: I want to end this by reading two statements. One 321 00:18:59,280 --> 00:19:02,200 Speaker 2: was written by one of the defendants and was posted 322 00:19:02,280 --> 00:19:06,080 Speaker 2: onto the Ablachians Against Pipeline's Facebook page on March third. 323 00:19:06,480 --> 00:19:08,480 Speaker 2: You can read the full statement over there if you'd 324 00:19:08,560 --> 00:19:13,919 Speaker 2: like quote. Today we proved that co defendant solidarity works. 325 00:19:14,440 --> 00:19:17,040 Speaker 2: We were able to see how different strategies against a 326 00:19:17,080 --> 00:19:19,960 Speaker 2: stacked system play out. It is in the court's best 327 00:19:20,000 --> 00:19:22,040 Speaker 2: interest for us to take a deal out of fear 328 00:19:22,080 --> 00:19:24,840 Speaker 2: of trial, but today we showed that they are just 329 00:19:24,880 --> 00:19:28,040 Speaker 2: as afraid of an uncertain outcome, and we can use 330 00:19:28,080 --> 00:19:31,119 Speaker 2: that to our advantage when we work together. The people 331 00:19:31,119 --> 00:19:33,359 Speaker 2: who went to trial or pushed it to the brink 332 00:19:33,440 --> 00:19:36,840 Speaker 2: got objectively better outcomes than those who took deals ahead 333 00:19:36,880 --> 00:19:39,800 Speaker 2: of time, and those who took deals often had to 334 00:19:39,800 --> 00:19:43,560 Speaker 2: struggle with changing conditions at trial, but still felt obligated 335 00:19:43,600 --> 00:19:46,920 Speaker 2: to comply. I and another defendant held out, in part 336 00:19:47,200 --> 00:19:49,679 Speaker 2: out of principle for people who had not been offered deals, 337 00:19:49,680 --> 00:19:53,760 Speaker 2: and in part to say fuck you Bobby Lilly, our prosecutor, 338 00:19:53,920 --> 00:19:57,280 Speaker 2: who is a literal clown. My co defendant and I 339 00:19:57,359 --> 00:19:59,520 Speaker 2: went to bat for another who was not offered a 340 00:19:59,560 --> 00:20:02,720 Speaker 2: deal at first. My co defendant was offered a deal, 341 00:20:03,119 --> 00:20:05,800 Speaker 2: rather nice one at that, but my friends said no. 342 00:20:06,359 --> 00:20:10,119 Speaker 2: The clown blinked. My friend basically went to trial. Technically 343 00:20:10,119 --> 00:20:13,040 Speaker 2: they took a deal, but they basically started a trial. 344 00:20:13,480 --> 00:20:16,879 Speaker 2: Prosecution made a motion to amend charges, but abruptly the 345 00:20:16,920 --> 00:20:20,400 Speaker 2: clown and his cop body left. They ran they had 346 00:20:20,400 --> 00:20:23,880 Speaker 2: no evidence. Another deal, which was even better, was offered, 347 00:20:23,880 --> 00:20:27,040 Speaker 2: and this time I got one too. For me, it 348 00:20:27,080 --> 00:20:29,919 Speaker 2: was good and an agreement. We took our deals. The 349 00:20:29,960 --> 00:20:32,639 Speaker 2: one other person was offered an okay deal, but opted 350 00:20:32,640 --> 00:20:35,000 Speaker 2: to go to trial with eyes open at the courts 351 00:20:35,000 --> 00:20:39,000 Speaker 2: in competence and crushed it. Little Bobby Lilly looked even 352 00:20:39,040 --> 00:20:42,359 Speaker 2: more like a clown. Every deal that was offered only 353 00:20:42,359 --> 00:20:45,159 Speaker 2: got better, especially on the day of the trial. You 354 00:20:45,240 --> 00:20:47,840 Speaker 2: don't have to accept the first deal, or the second, 355 00:20:48,160 --> 00:20:51,000 Speaker 2: or the third, or the fourth, and when they try 356 00:20:51,040 --> 00:20:53,440 Speaker 2: to pit us against each other, it is because they 357 00:20:53,440 --> 00:20:58,160 Speaker 2: know we are stronger together. Initially we were charged with conspiracy. 358 00:20:58,680 --> 00:21:02,320 Speaker 2: The real conspiracy is between prosecutors and the judges, between 359 00:21:02,359 --> 00:21:05,840 Speaker 2: the cops and the corporations. It is the conspiracy between 360 00:21:05,840 --> 00:21:08,920 Speaker 2: your landlord and your boss to keep you exhausted and hungry, 361 00:21:09,280 --> 00:21:12,359 Speaker 2: unable to fight back. It is the dictatorship of the 362 00:21:12,359 --> 00:21:15,360 Speaker 2: billionaires to keep us bound to their world where they 363 00:21:15,400 --> 00:21:18,600 Speaker 2: make and break their own rules. This is bigger than 364 00:21:18,640 --> 00:21:21,520 Speaker 2: a forty two inch wide, three hundred and three mile long, 365 00:21:21,880 --> 00:21:25,600 Speaker 2: ticking time bomb running to Appalachia. It is the fact 366 00:21:25,640 --> 00:21:28,240 Speaker 2: that our lives are bought and sold by the large 367 00:21:28,320 --> 00:21:31,400 Speaker 2: land owning class who are able to ram this project 368 00:21:31,440 --> 00:21:35,640 Speaker 2: through under Joe Biden, despite the harm it'll cause, because 369 00:21:35,680 --> 00:21:39,400 Speaker 2: it will make them money as the world burns. Then 370 00:21:39,880 --> 00:21:42,960 Speaker 2: here's another statement from the person who sat inside the pipe, 371 00:21:43,000 --> 00:21:47,240 Speaker 2: and the statement is from last year. Quote. Winning looks 372 00:21:47,240 --> 00:21:50,320 Speaker 2: so much bigger than just stopping this pipeline. It's a 373 00:21:50,359 --> 00:21:53,520 Speaker 2: win through the community folks continue to build. It is 374 00:21:53,560 --> 00:21:55,720 Speaker 2: a win because of the insane amount of skills that 375 00:21:55,760 --> 00:21:59,680 Speaker 2: people have gathered and shared. It's a win because whether 376 00:21:59,760 --> 00:22:02,359 Speaker 2: or not this pipeline ever has gas running through it. 377 00:22:02,640 --> 00:22:07,640 Speaker 2: The legacy of resistance in Appalachia still lives. Extractive industry 378 00:22:07,760 --> 00:22:10,720 Speaker 2: knows that they can't fuck with the communities here without 379 00:22:10,760 --> 00:22:14,000 Speaker 2: going through hell, and we better not let them forget that. 380 00:22:15,080 --> 00:22:17,919 Speaker 2: Many times in my life I have felt consumed by grief. 381 00:22:18,640 --> 00:22:21,840 Speaker 2: Grief for all the places this pipeline has destroyed, for 382 00:22:21,960 --> 00:22:25,280 Speaker 2: communities who continue to be ravaged by the state and industry, 383 00:22:25,800 --> 00:22:29,280 Speaker 2: for the senseless violence committed against people and land every day, 384 00:22:29,720 --> 00:22:33,280 Speaker 2: for friends and strangers forced into cages. But what keeps 385 00:22:33,320 --> 00:22:35,920 Speaker 2: me moving is knowing that I feel such grief only 386 00:22:36,000 --> 00:22:38,919 Speaker 2: because I have such deep hope and love for what 387 00:22:39,040 --> 00:22:41,680 Speaker 2: could be and what we have the power to create. 388 00:22:42,320 --> 00:22:46,640 Speaker 2: Find or facilitate radical community wherever you call home, Think 389 00:22:46,640 --> 00:22:49,159 Speaker 2: about the things you are willing to sacrifice for people 390 00:22:49,200 --> 00:22:52,920 Speaker 2: near and far. Dream of worlds that feel out of reach, 391 00:22:53,359 --> 00:22:55,600 Speaker 2: because I bet they aren't as far away as it 392 00:22:55,640 --> 00:23:00,480 Speaker 2: may seem. That's the end of the quote. And so yeah, 393 00:23:00,680 --> 00:23:03,320 Speaker 2: though the criminal trials are over, the civil legal fight 394 00:23:03,440 --> 00:23:06,760 Speaker 2: rages on. MVP is attempting to wield civil courts to 395 00:23:06,840 --> 00:23:10,600 Speaker 2: silence its opposition. And if you want to help support 396 00:23:10,640 --> 00:23:14,920 Speaker 2: that fight, which continues. You can donate to Appalachian Legal 397 00:23:14,920 --> 00:23:18,439 Speaker 2: Defense Fund, which you can find probably by just searching 398 00:23:18,480 --> 00:23:20,080 Speaker 2: for it, but you can also find it by going 399 00:23:20,119 --> 00:23:26,320 Speaker 2: to bit dot l y slash app Legal Defense all 400 00:23:26,359 --> 00:23:31,000 Speaker 2: one word, no dashes. Anyway, that's it for the episode. 401 00:23:31,400 --> 00:23:32,280 Speaker 2: I'll talk to you soon. 402 00:23:35,560 --> 00:23:38,040 Speaker 1: It Could Happen Here is a production of cool Zone Media. 403 00:23:38,200 --> 00:23:41,280 Speaker 1: For more podcasts from cool Zone Media, visit our website 404 00:23:41,359 --> 00:23:43,919 Speaker 1: cool Zonemedia dot com, or check us out on the 405 00:23:43,960 --> 00:23:47,879 Speaker 1: iHeartRadio app, Apple Podcasts, or wherever you listen to podcasts. 406 00:23:48,320 --> 00:23:50,240 Speaker 1: You can now find sources for It Could Happen Here, 407 00:23:50,280 --> 00:23:53,240 Speaker 1: listed directly in episode descriptions. Thanks for listening.