Georgia police are invoking a 2017 terrorism law against activists accused of little more than trespassing.
found that, for nine forest defenders detained during police operations in December and January, their alleged acts of “domestic terrorism” consist solely of trespassing in the woods and camping or occupying a tree house.following a police raid on December 13, for example, justifies a domestic terrorism charge by stating that the activist “affirmed their cooperation with [Defend the Atlanta Forest] by occupying a tree house while wearing a gas mask and camouflage clothing.
Four forest defenders charged with domestic terrorism are also accused of possessing incendiary devices or firearms or throwing rocks at fire department and emergency workers and damaging a police vehicle. One of those was charged separately with injuring an officer, who scraped and cut his knee and elbow as the defendant fled. A fifth defendant is separately accused of trying to cut the rope of an arborist attempting to remove them from a tree house.
The initial arrest citations for domestic terrorism also state that members of the crowd “used explosives/fireworks toward police,” without indicating whether the defendants did so themselves. The street protesters’ domestic terrorism arrest affidavits state that the alleged felonies were carried out with the intention of intimidating officials into changing government policy.All but one of the activists arrested in the forest were released on bonds ranging from $6,000 to $13,500.
The forest defenders’ charges appear to stand on shaky legal ground. To be convicted under Georgia’s terror law, an individual must first commit or attempt a felony. Nine of those arrested in the forest are charged with criminal trespass, which is only a misdemeanor.Also, the acts must be intended to intimidate people, use intimidation to influence government policy, or impact the government through the use of “destructive devices, assassination, or kidnapping.
Even if the charges are dismissed on the grounds that they do not fulfill the requirements of the law, they may leave a lasting legacy. “One of the problems with state repression is the crackdown and the arrests and the jailing and the bond — for the humans that are targeted, even if they end up being acquitted, all of that takes a toll,” said Regan, the attorney.
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