
Tim DeChristopher
(update below)
Environmental activist Tim DeChristopher, who was given a two-year sentence in prison for making fake bids in a Utah public land auction that was later found to be corrupt, was moved to solitary confinement after a member of Congress contacted the Bureau of Prisons.
Peaceful Uprising, a climate change activism group which DeChristopher co-founded, states in a press release posted on March 27:
On the evening of Friday March 9th, Tim DeChristopher was summarily removed from the minimum security camp where he has been held since September 2011, and moved into the FCI Herlong’s Special Housing Unit (SHU). Tim was informed by Lieutenant Weirich that he was being moved to the SHU because an unidentified congressman had called from Washington DC, complaining of an email that Tim had sent to a friend. Tim was inquiring about the reported business practices of one of his legal fund contributors, threatening to return the money if their values no longer aligned with his own. According to Prison officials, Tim will continue to be held in isolated confinement pending an investigation. There is no definite timeline for inmates being held in the SHU — often times they await months for the conclusion of an investigation.
In the SHU, Tim’s movement and communications are severely restricted. In the past two weeks, he has been allowed out of his 8 X 10 cell (which he shares with one other inmate) four times, each time for less than an hour. The SHU could have been designed by Franz Kafka. Tim is allowed one book in his cell, and four in his property locker. His writing means are restricted to a thin ink cartridge which makes correspondence extremely difficult. He can still receive mail from the outside, but has no other form of communication other than 15 minutes of phone calls per month. [emphasis not added]
First off, this congress person who ordered DeChristopher into solitary confinement is a coward and should be unmasked. DeChristopher is powerless in prison. He is already being punished.
If the description is correct, it seems like a congressman is trying to intimidate DeChristopher for wanting to return money. To amplify the punishment because of an email is cruel. That the punishment is to place DeChristopher into solitary confinement is even more inhumane. In fact, it is what a fascist country would do to a political prisoner.
There do not appear to be any other instances known where a congressman called up the Bureau of Prisons and was able to get a prisoner moved. That seems terribly arbitrary and unjust. So, why is the Bureau of Prisons granting the unnamed congressman this power? Did DeChristopher violate some regulation he is supposed to abide by when he wrote the email?
Peaceful Uprising is correct. To get this sorted out could take months. It took months to get Pfc. Bradley Manning, who is accused of releasing classified information to WikiLeaks, moved out of solitary confinement at Quantico Marine Brig to Fort Leavenworth, Kansas. Though there was political support for the pre-trial confinement conditions being imposed, no congressman is known to have ordered the brig authority to keep Manning under the prevention of injury (POI) watch that led to his cruel and inhumane treatment. So, what is happening to DeChristopher may be even more appalling.
Also, don’t bother to seek an unmonitored meeting with UN Special Rapporteur on Torture Juan Mendez. The government will oppose every effort by the UN torture expert to meet privately with DeChristopher and do the work he is to do under his mandate as a Special Rapporteur just like they opposed Mendez’s efforts to meet with Manning.
Mendez has called on all countries, including the United States, to ban solitary confinement. He contends whether countries call it “segregation, isolation, separation, cellular, lockdown, Supermax, the hole, Secure Housing Unit… whatever the name, solitary confinement should be banned by States as a punishment or extortion technique.” He finds “indefinite and prolonged solitary confinement in excess of 15 days should also be subject to an absolute prohibition,” as there can be “lasting mental damage after a few days of social isolation.” He has also said it can “amount to torture or cruel, inhuman or degrading treatment or punishment when used as a punishment.”
There already were many who believed DeChristopher should not have gone to jail. As Peaceful Uprising notes, William Koch entered “ an antitrust settlement where his company, Gunnison Energy, and SG Interest, a Texas energy company, conspired to orchestrate the bidding at a BLM oil and gas lease auction in Colorado. They memorialized this conspiracy in a memorandum of understanding that was subsequently revealed by a whistleblower. The Department of Justice settled the matter by having each company pay a $275,000 fine, and allowed the conspirators to retain their successful BLM oil and gas leases, without any personal consequences.”
DeChristopher went to jail. He was charged with two felonies for conspiring to defeat the Act that created the auction and for making false statements to the government. Employees of Gunnison Energy and SG Interest engaged in a similar conspiracy but no executives or businessmen are going to jail.
When DeChristopher was sentenced, a call went out for people to mobilize and stop the construction of the Keystone XL pipeline. Thousands mobilized. Many were inspired by the fact that the government was jailing DeChristopher for two years.
This latest action by a congressional representative may warrant a similar round of activism. President Barack Obama has pledged to cut the “red tape” to expedite the construction of the southern segment of the pipeline. After months of activism, the White House and other politicians in Washington still don’t want to protect the environment from destruction from oil production and the inevitable spills and pollution that will result.
What DeChristopher went to jail for was an entirely selfless act aimed at doing something meaningful to challenge a practice that contributes to climate change.
Warnings from scientists on climate change are becoming more and more apocalyptic. Scientists report this week that the heat waves and heavier rainfalls are the result of greenhouse gas emissions. Extra heat in the atmosphere has made extreme weather more likely yet the political class has chosen to be unresponsive to the dire situation so that capitalism can continue unimpeded.
As an unnamed congressman wields power over the Bureau of Prisons and keeps DeChristopher in solitary, let us all continue be inspired by the example set by DeChristopher:
Those who are inspired to follow my actions are those who understand that we are on a path toward catastrophic consequences of climate change. They know their future, and the future of their loved ones, is on the line. And they know we are running out of time to turn things around. The closer we get to that point where it’s too late, the less people have to lose by fighting back. The power of the Justice Department is based on its ability to take things away from people. The more that people feel that they have nothing to lose, the more that power begins to shrivel. The people who are committed to fighting for a livable future will not be discouraged or intimidated by anything that happens here today.
And neither will I. I will continue to confront the system that threatens our future. Given the destruction of our democratic institutions that once gave citizens access to power, my future will likely involve civil disobedience. Nothing that happens here today will change that. I don’t mean that in any sort of disrespectful way at all, but you don’t have that authority. You have authority over my life, but not my principles. Those are mine alone.”
Update
A staff member with Peaceful Uprising has provided further confirmation that DeChristopher is in solitary confinement. The staff person reports “phone lines have been flooded all day long at FCI Herlong, the BOP office in DC and to various members of Congress, and adds, “Hopefully, the pressure will not subside and not only Tim’s issue, but the issue of keeping prisoners in inhumane conditions while awaiting ‘indefinite’ hearings will also be brought to light.”
Peaceful Uprising’s outrage and disbelief comes from fact that a “congress person was able to read Tim’s emails.” The group asks, “How and why do political representatives have a say in BOP affairs? And what are the underlying connections between such representatives and those overseeing prisons?”
The identity of the member of Congress who is doing this to DeChristopher is still unknown. Peaceful Uprising hopes “investigative journalism and public pressure” will lead to the member’s identity becoming known.
And, the Associated Press provides additional confirmation that DeChristopher was moved to solitary. They spoke to DeChristopher’s lawyer Pat Shea, who told AP “prison officials in California, where DeChristopher is held, told the jailed activist that a congressman complained about an email he sent to some of his supporters.” Because of the complaint, he is now being held in isolation.
Update 2
Known environmental writer Jeff Biggers has a post up on AlterNet with the phone numbers of people for people to call to put pressure on the Bureau of Prisons and Congress.
…Peaceful Uprising is urging supporters to contact prison officials and members of the US Congress with the message: “Tim DeChristopher inmate #16156-081 be immediately removed from the Special Housing Unit (SHU) and placed back in the Minimum Security Camp at FCI Herlong.”
FCI Herlong
530-827-8000
Richard B. Ives, WARDEN
Eloisa DeBruler, Public Information Officer
Bureau of Prisons (BOP) Central Office
202-307-3198
Charles E. Samuels, Jr.
Director
United States House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security
PRIORITY CONGRESSIONAL MEMBERS TO CALL:
Jim Sensenbrenner, WI, Chairman of Subcommittee
(202) 225-5101
Louie Gohmert, TX, Vice Chairman of Subcommittee
(202) 225-3035
Jason Chaffetz, UT
DC: (202) 225-7751
UT: (801) 851-2500
Update 3
Jeff Goodell has a comprehensive update on DeChristopher being thrown in the hole at Rolling Stone. It includes a copy of the email that has led to DeChristopher being put into solitary confinement.
According to Shea, a veteran lawyer and director of the federal Bureau of Land Management during the Clinton administration, this is what happened to DeChristopher: On March 5, he wrote an email to Dylan Schneider, the treasurer and volunteer coordinator at Peaceful Uprising, a climate activism group co-founded by DeChristopher.… In the email (you can read the whole thing below), DeChristopher discusses the fact that an unnamed corporate donor who contributed to his legal defense fund is exporting U.S. manufacturing jobs and laying off workers. DeChristopher is not happy: “I feel like I have some influence and hence some responsibility to do something,” he writes. “If they are saving money by screwing their workers, I can’t in good conscience accept some of that money.” He then says that he plans to send a letter to the owner of the company that made the donation, explaining why it bothers him. He writes, “This letter will include a threat to wage a campaign against them if they don’t reverse course and keep the plants open.”
Let’s be clear about what DeChristopher is doing here: He’s threatening to give back a $25,000 donation because the donor’s company is exporting jobs, thus tainting the donation in his eyes. Is this the action of a dangerous criminal?
This additional information only makes the power being wielded by an unnamed member of Congress even more despicable.



65 Comments

Thanks Kevin, for once again shining a light on the disgusting practices in which our corrupt government is engaged. Tim DeChristopher is a hero and definitely should not be in jail by any standards of right and wrong, but sometimes the good guys end up in prison. In the long run, the scumbags of our planet WILL pay for their crimes, I have no doubt about that. But in the meantime, I’m thankful for good guys like yourself who continue to “fight the good fight” on a daily basis.
Has anyone contacted Matt Taibbi, or the others at Rolling Stone, about this? People with contacts in Congress to find out more.
Any FOIA’s being filed to find out “who” the critter be?
Once the identity is known, go after his donor list and see who would have asked for this to be done to DeChristopher.
The critter is not acting alone.
Thanks Kevin. Just got off the phone with my inept Congresswoman Gwen Moore’s DC office. Tried to position them taking action on DeChristopher as a way to get traction on Trayvon Martin and other victims.
I think an independent investigation of congress needs to take place. I don’t see any of these actions as being representative, nor based on Law.
Remember, we are a nation of laws and you just can’t make it up as you go. Now, where did I hear that from? (smirk)
Yeah, the bastards will end up like you and I. Dead. Dead because the Earth is no longer hospitable plus they were too committed to politics and capitalism to do anything to stop the planet from becoming a hellhole.
If anyone finds any other confirmations from other sources, please let us know.
That’s a rather grim outlook, Kevin. I can’t deny what you say about their motivations but I do think there is a strong possibility we can turn it all around. If there truly were no hope, there would be no reason for us to go on and no reason for you to keep writing these excellent pieces. Hope your mood gets better!
Actually, I don’t know if mood has much to do with my assessment. There’s a lot of empirical evidence to support what I said. Nonetheless, I agree. I hope we can turn it all around. Thanks.
You know a source that could investigate a story like this one? It seems to me to be something that would likely fly below the radar without some plumping for verification.
Congressmen do get things done in federal agencies because they are in Congress. Agencies are all the time fielding Congressional requests. Even ones that skirt the law. And this one is likely to skirt the law and be based on the Congressman’s knowledge about prison rules on e-mail.
Whether Kevin’s outlook and assessment is grim or not, it’s realistic. If karma was real the war criminals would be incarcerated or dead, rather than living in luxury at the expense of the rest of humanity. They are amoral and their golden rule has no correlation to “do unto others…” It’s more in line with those with the gold makes the rules.
sickening, grimy, festering corrupt treatment of a heroic person who has made a huge sacrifice, to save this planet.
absolutely vile.
I hope that someone who can do something for him, starts doing it now.
Kevin
see if you can get in touch with Will Potter, he covers stories like this on animal and environmental activism.
http://www.greenisthenewred.com/blog/
Solitary confinement is torture. It seems that the Fuehrerprinzip has matriculated down to members of Congress (see Tom Delay, et al) over the past decade or so. And why not? The “leaders” in the WH set the standard for others. You are right, Kevin, this is what Fascism looks like.
Here’s the Herlong handbook:
http://www.bop.gov/locations/institutions/her/HER_aohandbook.pdf
5. You have the right to visit and correspond with family members and friends, and correspond with members of the news media in keeping. with Bureau of Prisons rules and institution guidelines.
9.You have the right to a wide range of reading materials for educational purposes and for your own enjoyment.
There are lengthy lists of rules and potential punishments for breaking them.
Also directions to the facility at the end.
http://www.bop.gov/DataSource/execute/dsFacilityAddressLoc?start=y&facilityCode=her
Phone: 530-827-8000
Fax: 530-827-8024
E-mail address2: HER/EXECASSISTANT@BOP.GOV
When did individual members of Congress achieve control of the Federal Prison System?
Was that before, or after, Krystallnacht?
Notice he hasn’t done blog post since March 11. Thanks.
The solitary confinement component of the sentence reveals the sentencing judge obviously biased and apparently sadistic as well. It’s colossally unwarranted.
He wasn’t sentenced to solitary confinement. This is a development and a recent move.
I’m pretty sure that BOP violated their regulations and the Congressman may have violated the ethical rules, or other rules to which he is subject. Wish I could be more specific but I don’t have a set of regs handy.
Wow, sorry, I see. A Congressrat got someone moved to solitary confinement. Clearly it is time for officials in California’s correctional system to be fired for failing to grasp that a Congressrat’s politically biased views are not grounds for torturing a prisoner.
Thank you Kevin. I just received this notice from PU and opened your page to get your email address. Please stay on this.
Yes, saw that now, sorry -
Two thoughts on this: 1) maybe it’s NOT a Congressman. Maybe it goes higher up than that and Tim was just told that (heck, maybe even the Warden was told that). And 2) the purpose of it is not so much to punish Tim but to tell all the environmental activists to watch out or this is what will happen to you.
It makes no sense that DeChristopher would be put in solitary for writing an email questioning whether a donation to his legal defense should be returned.
I have a tin foil hat for a reason.
Exactly: the purpose of this confinement is to punish the political activist for doing something not favorable to the establishment, see: Manning. However with the onset of the solitary confinement DeChristopher has become a political prisoner.
It makes perfect sense if someone was framing him for more serious charges. Not that that was happening. But having dealt with local and state politicians and seen agencies hop through hoops for Congressmen, it is likely to indeed have been a Congressman.
Thanks, Kevin, for staying on top of this despicable story… yet another sorry chapter in the current rise of fascism in the USA, where the whistleblowers will definitely be ground under by any means necessary.
“The rule of law is dependent upon a government that is willing to abide by the law.”
Tim DeChristopher from his statement to the court at sentencing on July 26, 2011.
Wondering if Amnesty International should get involved?
Short answer: Yes
All the marks of someone being roughed up for his political views about the environment.
I’m interested to know why an email from DeChristopher about his legal defense could break any rule? I can’t imagine.
Can you please explain how it would make sense? I’m not following your logic…
So true
Thanks for bringing this story to our attention Kevin. Tim DeChristopher is a hero who deserves our support.
Probably quite warranted!
That one has been cleared up. Someone researched the rules at that prison.
So what rule did he violate?
If the email was about returning a donation to his defense fund, that means there was some problem with that particular donation. Consider if the donation was from a person classified as an “environmental terrorist”. That fact might have some bearing on different aspects of his treatment. What if such a donation was unsolicited. How would his defense fund know who exactly made the donation? If someone was framing him as an eco-terrorist, being able to point to such a donation would be just another plant of evidence.
That’s the logic. Not that it is what was going on in this case. Just one of many possible explanations.
Apparently none that anyone can tell.
Dollars to donuts, it’s Louie Goehmert. Just a hunch.
Oh, I see. My tinfoil hat tigled differently. I assumed the suspect donation was some snakey corporate entity affiliated with the congressperson who didn’t like his/her funding source getting dissed.
So far I am still in the dark about the email rule or any rule that Tim broke to warrant solitary confinement. It seems that perhaps it was a set up contribution. By being in solitary confinement, it becomes somewhere between hard and impossible to get the contribution returned. If it is not returned, then it could possibly be used against him. If his contact on the outside takes care of it, then a problem may be avoided.
All I can say is that this incident is just another indication that our national ‘leadership’ has become insane.
That sort of thing is another one of these possibilities.
Rolling Stone interview with the lawyer.
http://www.rollingstone.com/politics/blogs/national-affairs/jailed-climate-hero-tim-dechristopher-thrown-in-the-hole-20120328
The Peaceful Uprising website also says on 3/19 he was granted an appeal, to take place in May. (didn’t find related news stories on Google). Coincidence?
Thanks for that, very interesting.
Excellent. There’s your confirmation. Reinforces my suspicion that it was Goehmert’s office that made the call. A BOP warden would be very concerned that the ranking member of the House committee that funds prisons would have an issue with anything.
Here’s the offending language in the email:
The email scanner picked up “threat”, according to the lawyer’s report (see @45).
Speculation: Someone who saw the scanner report said something to someone about him threatening …That someone told someone else in BOP….There rumor goes all over because he’s a high-profile prisoner. Someone in DC tells Congressional staff…It goes around the Congressional staff networks…Someone on Goehmert’s staff sees it and either calls on his own or alerts Goehmert.
Apparently the company in question owns plants in Ventura CA, Texas, and NC. And it has an “owner” (founding CEO?).
Whoops, Goehmert isn’t ranking member but vice-chair. (The ranking member would be a Dem).
The AP is now carrying this story:
http://hosted2.ap.org/PAWIC/APUSnews/Article_2012-03-28-National%20Parks-Drilling/id-2f471f8e6d1e4810a488823c5c86b342
DW
So the question seems to be; who is this donor / owner who doesn’t want to be exposed as a fake environmentalist?
On another note: why hasn’t Tim’s lawyer filed a 14th amendment challenge to his conviction? Equal protection under the law:It seems the two guys conspiring to rig the bid were worse violations of the law than Tim’s bidding scheme. Yet they get off while he is in prison.
Conviction is in the appeals process.
Just joined peacfuluprising.org And contributed a little. Each time this happens thousands need to join and contribute.(they will take as little as a dollar)
It has to backfire for them
Everyone got The List? “Analyst’s Desktop Binder 2011″ from DHS. Page 20, §2.13 begins the listing of “Key Words and Search Terms:”
Et cetera. “NOC” in this context is the DHS National Operations Center. The list goes on for several pages and, yep, “threat” is on it. So are “mitigation,” “agent,” “drill,” “exercise,” “incident,” and a number of other faves. Now, just looking at this in the most restrictive way possible, consider a list like this in the hands of people with the mentalities of parsley sprigs.
It appears members of Congress can do many things secretly. I’m thinking of those anonymous ‘holds’ on bills and nominees for Federal positions. Now this.
Are their secret powers articulated in House/Senate rules? Or are they just using clout and cronyism?
All evildoers use language like “threat” in their nefarious communications. Oh, look. Now I’m in a government file somewhere for snarking about using the word “threat”.
This is yet another case where I’ve learned of an action I need to take because of FDL.
WTF business does some f***’ing member of Congress have to do with engaging in pointlessly vindictive harrassment of a prisoner?
I always thought the judicial branch took care of these matters. WTF?
Could it be that the donor/owner has no responsibility whatsoever for the punitive treatment of DeChristopher and is only relevant because the donor was mentioned in the email that contained the “threat” that could be used as a reason to punish DeChristopher? It seems likely that the congressperson who requested the investigation has strong ties to Big Oil and decided to impress his insider friends by sticking it to DeChristopher just because he could.
Patagonia made a $25,000 donation to his defense and has factories in those places.
I suspect you are right about it being a congressperson with ties to the oil and gas industry.
However, another less likely angle just occurred to me: What if the member of congress who made the call also receives large donations from the same company that donated to DeChristopher’s defense fund, and he/she doesn’t want any publicity (especially during the election season) about the donor company moving jobs manufacturing jobs overseas because it would hurt his/her re-election campaign?
I hope Peaceful Uprising, who knows for certain the name of the donor, checks into this angle, just in case.
Oh, that would make sense. Patagonia has a green corporate image, no?
That was my initial theory.
If so, the congressperson would be in Texas, SC or CA. Taking money from a green corporation, it could be a turncoat D.
Exactly. It wouldn’t surprise me at all if it’s a D.
Putting DeChristopher in solitary with all those restrictions, I would imagine he no longer has internet access and couldn’t organize a campaign against the company moving the jobs overseas.
Report that he’s out of solitary today.
pd,
I laughed quite a bit at your comment!
You did a nice job listing highlighted words just so people with the mentalities of parsley sprigs would have to flag your comment, read it and find out about their parsley sprig faculties.
Too much!
Here’s a list of suppliers that Patagonia publishes on its website. Note they have a supplier in El Paso as well as Mnt Airy NC and several in CA.
http://www.patagonia.com/pdf/en_US/Factory_List_6-2010.pdf
In his email, Tim describes the closings to be in Texas and NC and Patagonia was a vocal contributor of 25k to his defense.
All that having been said, I don’t think it follows necessarily that they had anything to do with his confinement. I think its much more likely an over-zealous rule-bot saw his email as a threat to the image and profits of a corporation.
Patagonia should get out in front of this with a statement if they want to appear ethical.