I spent the last few days traveling across the country to North Dakota to join others in supporting a gentle man who tried to help everyone. For that he was convicted of several crimes and will be heading to a North Dakota prison.

Michael Foster was born and raised in Texas, in an oil family. His crime in North Dakota was turning off the Keystone pipeline in a symbolic but real call to all of us to do what we can to stop global climate chaos.

That North Dakota valve turn was one of five similar actions last October–two women, three men, five valves on lines in Washington state, Montana, North Dakota, and Minnesota, all done in resonance with the Break Free from Fossil Fuels campaign.

We see the buck-naked consequences of paying no attention to our oil consumption; Harvey drowns Houston, fires rip through the West, every hurricane is more intense than it otherwise would be, droughts last longer, lakes are drying up, the seas are rising and surging, and with fracking even earthquakes are no longer a pure act of God. Most previously natural disasters are now unnatural disasters, made worse by our hand more than the hand of God or Mother Nature.

The Trump regime is doing worse than nothing; they are exacerbating the problem by rolling back the tepid regulations the Obama administration brought to bear. Trump yanks the US out of a world agreement to fix this, the Paris Accords. He gets Rick “Never-met-an-oil-well-I-didn’t-like” Perry as his Secretary of Energy and Scott “That-pollution-smells-like-money-to-me” Pruitt to run the Environmental Protection Agency–into the ground. Trump promises to bring back dirty coal. It is Satanic, frankly, with zero regard for the children of the world, for the generations. He’s old without any discernible conscience. Who will confront him?

Michael Foster, Leonard Higgins, Ken Ward, Emily Johnston, and Annette Klapstein will. They have.

I attended Michael’s trial as much as possible, although I couldn’t be in the room in the beginning because I was scheduled as an expert witness and we were sequestered until we testified–or until the judge disallowed us…which she did.

Michael was facing 23 years in prison on four charges. Three of us were there to provide expert testimony in three topic areas to help the judge and jury understand why Michael should be acquitted. Two of us were there to speak to different aspects of nonviolence and one was on hand to speak about the urgency of a rapid change in our general habits but a specific exam of the dirty tar sands oil that flows through the Keystone pipeline. Climatologist James Hansen is 76 years old and is the one who announced that “global warming has arrived” in 1988 when he worked as a scientist at the Goddard Space Center. Every single prediction he made then has come to pass. He is arguably the world’s top scientist in that area–certainly the most famous. He’s Trump’s age, only with a long-view conscience and integrity.

The court could not be bothered to listen to this eminent scientist, someone who could have helped the judge and jury become at least familiar with the emergency that we see unfolding all over nowadays, made much worse by the dirtiest sort of fossil fuel–tar sands oil.

The contempt for anyone coming to North Dakota to “tell us how to live” (the prosecutor’s attack on Michael, who is now from Seattle) was palpable. The judge allowed the prosecution’s expert witness, demonstrating some spectacular inconsistency and hypocrisy. As one who woke up a few times this summer to unbreathable air and everything in my town covered in forest fire ash, I say to North Dakotans, you need to fix this. We will do our part but you need to do yours. Most of us know at least one or two people in Houston, or in the Santa Rosa area, or in Miami or Puerto Rico. Are we Americans who value all other Americans or are we not?

But the prosecutors were dismissive. Hell, Foster only faces 23 years, why give him a chance to reason with jury members? Let’s not confuse them with the facts.

The trial in tiny Cavalier, North Dakota, in remote Pembina County, was heartbreaking.

Dr. Tom H. Hastings is a scholar of civil resistance and PeaceVoice Director. 


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Dr. Tom H. Hastings is Coördinator of Conflict Resolution BA/BS degree programs and certificates at Portland State University, PeaceVoice Senior Editor, and on occasion an expert witness for the defense of civil resisters in court.

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