
After 993 days, Steven Donziger is lastly free.
On Monday, the embattled lawyer, who has been focused by Chevron for years in a Kafka-esque courtroom wrestle, completed a six-month sentence, which got here on the heels of greater than two years underneath home arrest in his Manhattan condominium. The ending of the saga will not be with out combined feelings for Donziger.
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“I am exhilarated to be able to live fully again, extremely excited to be able to make the normal choices people in a free society get to make,” he informed me by telephone on Monday. “I’m also stunned that I just spent two years and seven months of my life in detention in retaliation for my work in the climate justice field.”
Donziger’s story begins in 1993 within the Ecuadorian Amazon, when he started representing a bunch of 30,000 Indigenous folks and farmers in a lawsuit in opposition to Texaco. The oil large had arrange store drilling for crude oil within the area within the Seventies, and over the following 20 years spilled 16 million gallons of crude (round 80 instances what was spilled within the 2010 Deepwater Horizon catastrophe) in addition to depositing billions of gallons of poisonous waste in unlined pits, turning the world into an oil-pooled wasteland and poisoning soil and native water provides. Texaco left the area—and its mess—behind in 1992 when its contract expired, and locals determined to file a lawsuit.
The case dragged on for 18 years, by Chevron’s 2000 buy of Texaco, a transaction that made it the important thing defendant, till 2011, when an Ecuadorian courtroom ordered Chevron to pay $18 billion in compensation (later lowered to $9.5 billion). Chevron, which nonetheless has not paid a cent of this wonderful, instantly started combating the ruling. A key cornerstone of its efforts: to “demonize Donziger,” inner emails from Chevron despatched in 2009 read. In 2012, Chevron launched a racketeering swimsuit in opposition to Donziger and two different plaintiffs.
The abuses of energy enacted on this case are so far-fetched as to be virtually unbelievable. Shortly earlier than trial, Chevron dropped any financial claims it was making, which disadvantaged Donziger and the opposite defendants of the correct to a jury trial. Presiding over the case was New York U.S. District Court Judge Lewis Kaplan, who within the courtroom called Chevron “a company of considerable importance to our economy” and banned Donziger and the opposite defendants from citing Chevron’s air pollution within the Amazon throughout the trial. The oil large’s predominant proof relied on the testimony of a disgraced Ecuadorian choose, Alberto Guerra, who had accepted hundreds of thousands of dollars from Chevron and met with Chevron’s legal professionals a whopping 53 instances earlier than the trial. (Guerra later admitted he lied in his testimony.) Kaplan discovered Donziger and different defendants responsible in 2014.
The saga didn’t finish there—and by some means obtained much more twisted. In 2019, Kaplan requested federal prosecutors to deliver contempt of courtroom fees in opposition to Donziger for refusing at hand over his digital units and passports throughout the trial. (Donziger stated giving his electronics to the courtroom would betray non-public shopper info.) After public prosecutors declined to press fees, Kaplan pulled the unprecedented move of assigning a group of personal prosecutors to prosecute Donziger—the primary time this had occurred in U.S. judicial historical past. The group Kaplan selected was led by an legal professional who on the time labored for a regulation agency with a historical past of representing Chevron. Kaplan once more went in opposition to typical process for these circumstances and likewise handpicked the choose, Loretta Preska, who has a history of positive rulings in favor of vitality firms and serves as an advisor to the Federalist Society, a pro-business group that has benefited from donations from Chevron. Preska put Donziger underneath home arrest earlier than the trial, claiming he represented a flight threat.
While the case is actually a wild instance of justice run amok, it has chilling implications for what might be attainable for a non-public firm trying to make use of the courts to silence critics. “What happened to me goes way beyond just me,” Donziger stated. “It was part of a design by the fossil fuel industry and some of its high-priced lawyers to create a playbook to silence those who advocate effectively and successfully against major polluters who are destroying the planet.”
Last July, Preska discovered Donziger responsible of misdemeanor fees of prison contempt. In November, the United Nations High Commissioner on Human Rights, the world’s prime human rights physique, dominated that Donziger’s home arrest was unlawful underneath worldwide regulation and known as on the U.S. to launch him. Six worldwide jurists that made up the UN physique stated in a quick that they have been “appalled by uncontested allegations in this case,” including that Donziger’s prison fees and arrest “[appear] to be retaliation for his work as a legal representative of indigenous communities.” Despite the UN ruling, Judge Preska sentenced Donziger to 6 months in jail, the utmost sentence, a day after the UN issued its temporary. (Donziger was returned to house arrest in December 2021 underneath a pandemic early-release program.)
Despite the injustices foisted on him for the previous few years, Donziger sees a selected victory in opposition to Chevron within the newfound consideration to his case and Chevron’s air pollution within the Amazon. “They tried to turn me into a symbol as part of this intimidation campaign,” he stated. “I would argue that what ended up happening was the opposite of what they intended. They thought they could crush me, but they created a situation where I now have a platform and a voice. I think they have a real problem now.”
The wrestle isn’t over now that his sentence is completed. Donzinger and his supporters—which embrace leading organizations like Amnesty International, in addition to several lawmakers in Washington—are working to safe a pardon for Donziger from President Biden. A pardon, he defined, wouldn’t set a authorized precedent to stop a case like his from taking place once more, nevertheless it may discourage different judges from attempting out the identical techniques on the following one that dares stand as much as Big Oil.
“What Chevron and the industry want to do is make this the new normal,” he stated. “This will happen again unless people wake up and stop it from happening again.”
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