Washington State Judge Denies Climate "Necessity" Defence in Ecoterrorism Case

Oil Pipeline Pumping Station in rural Nebraska
Oil Pipeline Pumping Station in rural Nebraska. By shannonpatrick17 from Swanton, Nebraska, U.S.A. (Trans Canada Keystone Oil Pipeline) [CC BY 2.0], via Wikimedia Commons
Guest essay by Eric Worrall

Washington State Judge Michael E Rickert has caused green heads to explode, by ruling that climate change is a matter of debate.

Judge in environmental activist’s trial says climate change is matter of debate

Controversial statements angered environmentalists who insist courts have an obligation to recognize the science about manmade climate change

A Washington state judge has sparked outrage for remarks questioning the existence of climate change and the role of humans in global warming.

During the high-profile trial of Ken Ward, a climate activist facing 30 years in prison for shutting down an oil pipeline, Judge Michael E Rickert said: “I don’t know what everybody’s beliefs are on [climate change], but I know that there’s tremendous controversy over the fact whether it even exists. And even if people believe that it does or it doesn’t, the extent of what we’re doing to ourselves and our climate and our planet, there’s great controversy over that.”

The Skagit County judge made the comments on 24 January while addressing Ward’s request to present a “necessity defense” in court, meaning he would argue that the grave threat of climate change justified civil disobedience.

Read more: https://www.theguardian.com/environment/2017/jan/31/environmental-activist-trial-judge-questions-climate-change-ken-ward

Ken Ward allegedly admits he committed the acts for which he is being charged – according to a statement published on the climate disobedience website;

Statement of Ken Ward at his Arraignment

POSTED BY MARLA MARCUM 496.80SC ON OCTOBER 20, 2016

Statement of Ken Ward at his Arraignment on Charges of Burglary, Criminal Trespass, Sabotage and Assemblages of Saboteurs

October 20, 2016 in Mt. Vernon, WA

I have been charged by the Prosecuting Attorney for Skagit County, Washington with four crimes – burglary, criminal trespass, sabotage and assemblages of saboteurs – for my action last Tuesday, closing a safety valve on the TransMountain pipeline and blocking the flow of Canadian tar sands oil from Alberta to the Anacortes refineries.

There is no question about what I did – I livestreamed it, and you can see the video at shutitdown.today and on my FaceBook page, facebook.com/kenward.brightlines. The only question is whether what I did was an appropriate and practical response to what President Obama recently described as “terrifying” climate change conditions.

Read more: http://www.climatedisobedience.org/ken_ward_arraignment

I’m not a legal expert, but my understanding is a “necessity” defence is normally accepted only when an otherwise illegal action is the only way to prevent imminent severe injury or loss of life.

Even if climate change is as serious a threat as Ken Ward believes, his actions likely endangered lives, rather than preventing imminent loss of life. A close family relative used to work in an oil refinery, my understanding is abruptly closing the emergency shutdown valve on an oil pipeline can cause the pipe to rupture, which can lead to life threatening fires and other serious consequences.

The following is an activist video of Ken Ward’s actions;

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January 31, 2017 7:22 pm

Here’s some context and some additional parts to the story:
https://rclutz.wordpress.com/2017/01/31/climate-case-judge-defends-rule-of-law/

Boulder Skeptic
Reply to  Ron Clutz
January 31, 2017 9:27 pm

This just in…
After a long and often disappointing search for a judge who can actually follow the law, President Trump considers Skagit Judge Michael E Rickert for his SCOTUS nominee.

george e. smith
Reply to  Boulder Skeptic
January 31, 2017 9:49 pm

Sorry Mate; but you are just a common garden variety terrorist.
And the only thing that is “necessary” is for you to be thrown in the slammer for a long time; well how about long enough to prove that climate change which NOBODY disputes, is likely to do you some harm if we let you out again.
G
That’s just my opinion of course; as is my opinion that climate changes. Well it at least changes if you move from Sunnyvale to Los Gatos.

afonzarelli
Reply to  Boulder Skeptic
January 31, 2017 11:23 pm

“climate activist facing 30 years in prison”
Ironic how he may be put away for as long as it takes to distinguish “climate” from “weather” (☺)
And just one question about his arraignment statement, who is this “president obama”?

afonzarelli
Reply to  Boulder Skeptic
January 31, 2017 11:53 pm

(obama who?)

Streetcred
Reply to  Boulder Skeptic
February 1, 2017 1:10 am

Is he the president of Kenya ?

Greg
Reply to  Boulder Skeptic
February 1, 2017 1:49 am

Sorry Mate; but you are just a common garden variety terrorist.

don’t be so stupid. However ill-informed and misguided he may be his aim was not to induce fear or terror into anyone. He is in no way a “terrorist”.
reserve that word for people machine-gunning schools and cafes, not everyone who you don’t agree with.

MarkW
Reply to  Boulder Skeptic
February 1, 2017 6:26 am

When he made the arraignment statement, Obama was still president.

StephenP
Reply to  Ron Clutz
February 1, 2017 1:36 am

It’s a pity Judge Rickert wasn’t on the bench at the Kingsnorth Power Station trial where activists, aided by Hanson, claimed the necessity defence. Kingsnorth has now been demolished instead of having clean burn equipment installed.

hunter
Reply to  Ron Clutz
February 1, 2017 4:01 am

Ron, your blog is always great to visit. Your analysis on the legal tactics the Climate Jihad is using is spot on and raises a disturbing point that presents a real challenge.

Reply to  hunter
February 1, 2017 10:43 am

Thanks hunter. The challenge is better confronted by understanding the activist game plan.
https://rclutz.wordpress.com/2017/02/01/climatist-manifesto/

ossqss
January 31, 2017 7:22 pm

comment image

ossqss
Reply to  ossqss
January 31, 2017 7:27 pm

I see this as attempted murder. Let alone the environmental damage possibilities. How would you feel if they took the emergency brakes off of the elevator at the Empire State Building and cut the power to prove a point. Lock him up and set the precident.

Greg
Reply to  ossqss
February 1, 2017 1:54 am

He was probably ignorant of the alleged risk of shutting off the value that is claim in this non expert WUWT article. His intent was to temporarily shut of the flow of “carbon” as a symbolic gesture.
It may be criminally negligent , it certainly is not attempted murder.
BTW he would probably get a lot less time in jail for attempted murder than he seems likely to get if found guilty as charged.

PiperPaul
Reply to  ossqss
February 1, 2017 4:57 am

He was probably ignorant of the alleged risk
Then he is dangerous. The first rule in any process facility is don’t touch anything.

Samuel C Cogar
Reply to  ossqss
February 1, 2017 5:28 am

Greg, …… just what is it that you hope to accomplish via your silly, asinine, idiotic acts of “evo-terrorism” …… which you intentionally avert your eyes and mind to their existence …..so that you feel no guilt whatsoever for the dastardly devious destruction of personal property and bodily harm for which you are responsible for?
It is obvious that you and yours truly believe that “killing the patient” is the solution to “curing cancer”.
You and yours should not be allowed to “run loose on the streets” without strict adult supervision.

Reply to  ossqss
February 1, 2017 4:20 pm

I agree ossqss, this guy needs to go away for a long time. Human caused climate change is an open question that has never been tested against reality. All the far-left has is their hand in the till of the Federal Treasury, while denying money for objective research. Things are about to change, big-time.

Peter C
January 31, 2017 7:24 pm

30 years jail would send a very appropriate message to Green ativists

george e. smith
Reply to  Peter C
January 31, 2017 9:51 pm

Well it takes 30 years to make any headway in figuring out the climate; damn thing keeps changing all the time.
g

Ryan
Reply to  george e. smith
February 1, 2017 6:23 pm

You know, living in an area where the temperature can go as high as 104 F in the summer and down to -24 F in the winter only 6 months later, an 0.02 degree average temperature change in the whole earths temperature is hardly climate changing. Reality speaking, the climate changes from winter to summer and everywhere in between two times a year, year in and year out and we all survive. Amazing how fast we adapt!

climanrecon
Reply to  Peter C
February 1, 2017 3:25 am

If he mounts that defence then it proves that he might do it again, hence he must go to jail because of the need to protect people and property.

Trebla
Reply to  climanrecon
February 1, 2017 6:03 am

The judge was right to throw out that defense, but he could have worded it differently. The assertion that climate change is caused by humankind and the magnitude of that change, if it exists, is a conjecture, since it is not verifiable by controlled, repeatable scientific experimentation. An equally plausible explanation for climate change is that it is caused by natural forces. Therefore the whole matter is open to debate.

diachat
January 31, 2017 7:26 pm

what a shame that a probably nice bloke, probably egged on by his less brave colleagues, did this at a time when it was a forgone conclusion that Hillary would win and his crime was be recognised as a world changing act.

Reply to  diachat
January 31, 2017 9:34 pm

he can always sue the folk who inspired him with misinformation.. It’s the responsibility of those in positions of authority to convey facts – Similarly I’d imagine a teacher who deliberately taught utter falsehoods would be liable to be sued by their students.

gnome
Reply to  Karl
January 31, 2017 10:14 pm

He’ll end up with plenty of time to sue, but what satisfaction will he get?
A little contrition might serve him much better just now.

Reply to  Karl
February 1, 2017 2:28 pm

“The only question is whether what I did was an appropriate and practical response to what President Obama recently described as “terrifying” climate change conditions.”
Mr. Obama has inspired a multitude of bad actors. This idiot is just one more. It would be nice if Obama were to take some sort of responsibility for his poor leadership.

eyesonu
January 31, 2017 7:35 pm

There is no question about what I did – I livestreamed it, and you can see the video at shutitdown.today and on my FaceBook page, facebook.com/kenward.brightlines. The only question is whether what I did was an appropriate and practical response to what President Obama recently described as “terrifying” climate change conditions.>/blockquote>
He needs to sue Obama. That’s where the deep pockets are. Sure beats being the ‘wards bitch’.

eyesonu
Reply to  eyesonu
January 31, 2017 8:03 pm

Back to the test page for me

eyesonu
Reply to  eyesonu
January 31, 2017 8:43 pm

If this clown/eco-terrorist gets away with this then the next ISIS terrorist that blows up a pipeline can claim the same defense and where will that lead? Bridges, railways, airports, power stations, power lines, sub stations, oil refineries, etc., etc.. It’s got to stop somewhere and soon.

Reply to  eyesonu
January 31, 2017 11:54 pm

Many people agree that it is necessary to shut down the climate Mafia. Do they really want to go where this idea of “necessary to commit crime to get the job done” leads? It is what is called a “target rich” field, after all.

Samuel C Cogar
Reply to  eyesonu
February 1, 2017 5:35 am

The wacko evo-terrorists desperately want a “get-out-of-JAIL-free” card but the Judge denied their request.

Amber
January 31, 2017 7:36 pm

Good on the Judge for speaking the truth . When people start screwing with pipelines they fall into the derailing of trains and other serious crimes category . Real environmentalists don’t do this crap .
Anarchists do .

Andre
Reply to  Amber
January 31, 2017 7:48 pm

Amber. I completely agree, except with that anarchists part. Anarchy does not mean no rules, just no rulers. I will admit there are plenty of stupid people who call themselves anarchists, but have no idea what it means. Regards

Flyoverbob
Reply to  Andre
February 1, 2017 7:27 am

My Funk & Wagnalls; anarchy = lawlessness. My Roget’s; laws = rules.

MarkW
Reply to  Andre
February 1, 2017 7:53 am

With no rulers, there are no rules.

schitzree
Reply to  Andre
February 1, 2017 9:01 am

Yes! An end to all Rulers. We’ll start by throwing out the yardsticks. ^¿^

MarkW
Reply to  Andre
February 1, 2017 10:25 am

Since man is the measure of all things, we have no need for artificial measuring devices.

Dr. Bogus Pachysandra
Reply to  Andre
February 1, 2017 2:34 pm

Can I throw out my slide-rule? Never could figure out how to use it!

phaedo
Reply to  Amber
January 31, 2017 7:52 pm

They are not the actions of anarchists, they are the actions of terrorists or the mentally ill.

Leonard Lane
Reply to  phaedo
January 31, 2017 10:03 pm

Thank you phaedo.

Greg
Reply to  phaedo
February 1, 2017 2:04 am

How do you conceive shutting a pipeline value to be an act or “terror” . That means an act intended to influence others by instilling fear and terror by your actions. Who was he intending to “terrorise” by temporarily shutting of the flow of oil ?
This is same redneck kneejerk BS several here have adopted.
Somewhere you need to be able to tell the difference between driving a 40t truck into a crowded market and slowing down oil production for a day or two. Get real.

Greg
Reply to  phaedo
February 1, 2017 2:11 am

Those who are trying to change the behaviour others by inducing fear and terror are the AGW propagandists, including many academics.
This guy is a victim of that since he seems to believe it is necessary to risk a lengthy jail sentence in order to make this rather insignificant gesture of direct action.
There seems to be a lot of particularly younger people who have been spoon fed this apocalyptic BS since kindergarten and are truly in fear of imminent collapse of the natural world on which we all depend.
They have been “terrorised” .

Flyoverbob
Reply to  phaedo
February 1, 2017 7:07 am

The very first requirements to be an anarchist is ignorance and insanity. First, the first insanity NO government. Government is organic in that it is generated naturally. The human family evolved because it gave the best means of survival of the species. The family is the only place where communism actually works. In the family there are rules or if you like call them laws. Chief among those laws is parents provide for the children. A society is made up of families. Anarchists have rules. The group enforces those rules. The group is government.
From the anarchist point of view you are what you believe yourself to be. Anarchist committed Murder lighting the fuse to WWI.

taz1999
Reply to  phaedo
February 1, 2017 8:49 am

Flyoverbob
I recommend Hoppes “Democracy, the God that Failed” for well researched views on Governments and Anarchy. You may believe that governments are organic, and I may concede that, however so far in ?civilized? times no particular form of government has proved stable. There’s no government over the governments so countries are anarchic towards each other. While you contend that anarchists triggered WWI it was the governments that postured and prosecuted the war; unless you consider millions of dead citizens a benefit of government. To ad, you find that citizens are far more likely to be killed by their own government than by outside invaders.
My opinion is Family/Tribal governments remain stable where the “government” has sovereign and joined interest in the tribe. Anybody beyond the tribal interest usually finds themselves eventually victimized. Governments do not scale up particularly well

Roguewave1
Reply to  phaedo
February 1, 2017 9:27 pm

My legal dictionary defines “Terrorism” a bit more broadly than above —
The unlawful use of force or violence against persons or property in order to coerce or intimidate a government or the civilian population in furtherance of political or social objectives.
I think this mook qualifies under that definition.

RBom
January 31, 2017 7:44 pm

In Alaska even the University President is aiding illegals, saboteurs of TAPL and nefarious elements for personal gain of cash, drugs and prostitutes (male because the UA President is a Queer who sees himself at the GREATEST HUMAN BORN TO EARTH)! Sad but true. It’s U.

hunter
Reply to  RBom
January 31, 2017 8:03 pm

Please consider if you want to make a good point or if you want to indulge yourself.

JohnKnight
Reply to  hunter
January 31, 2017 8:38 pm

Have you, hunter?

RockyRoad
Reply to  hunter
January 31, 2017 9:44 pm

It’s possible to do both, you know.

brians356
Reply to  hunter
January 31, 2017 11:22 pm

The term “Queer” is self-selected, as the ‘Q’ in LGBTQ, so it’s not necessarily a slur, in fact I refuse to treat it as one. Thanks, I feel liberated!

schitzree
Reply to  hunter
February 1, 2017 9:24 am

So now ‘queer’ is a thing separate from all the other orientations in LGBT?
(twitch)
They’re just going to keep adding new divisions until every special snowflake has his very own category, aren’t they?
I can’t even act surprised, It’s how the Left works. Convince smaller and smaller groups of people that they have been suppressed by a larger group and that the only way they can get ‘justice’ is by giving power to the leftists. Then KEEP them all divided and suspicious of each other so they can’t work together to change things.

January 31, 2017 7:54 pm

And how did these folks get to these four remote ESD valve station? Well, of course, they drove in gasoline powered SUVs. So now we know that CO2 also causes hypocrisy.

The Original Mike M
Reply to  John MacDonald
February 1, 2017 7:01 am

YESSS! That was also one of my first thoughts. You’d think that if they had had the brains to examine the credibility of their own motives they would have opted for going on horseback to block the shipping dock of a spark plug factory as a “symbolic gesture”.

hunter
January 31, 2017 8:01 pm

Good for the judge and even better for justice. It is long past time that these self righteous misanthropic twits meet the real world.

Killer Marmot
January 31, 2017 8:05 pm

Ecoterrorists have decided that they are so right that the laws passed by our democratically elected governments do not apply to them. They must be held accountable for every … single … crime … they commit, and punished like anyone would be punished.

William Bradford Grubel
Reply to  Killer Marmot
February 1, 2017 12:34 am

That doesn’t make him an eco terrorist. Just another Democrat.

MarkW
Reply to  Killer Marmot
February 1, 2017 6:30 am

Sort of like Hillary deciding to use a private e-mail server so she can avoid FOIA requests.

markl
January 31, 2017 8:06 pm

Thankfully logic still has a place in society. Another the ends justify the means statement put to bed. The save the world eliminate people meme is sociopathic.

January 31, 2017 8:11 pm

comment image
There’s ZERO “imminent threat” of climate change.

Boulder Skeptic
Reply to  Eric Simpson
January 31, 2017 9:33 pm

To pick a nit…I think you meant,
The climate is changing (alway has and always will). There is zero real, non-model evidence that it is man-caused and zero evidence that it is in any way dangerous or “terrifying” to normal people with sound reasoning skills.

Reply to  Boulder Skeptic
January 31, 2017 10:06 pm

Good points.
Although … looks like there’s been zero temperature change.
I know we like to be politically correct and say “the climate is changing.” Doesn’t seem like that’s the case to me.

AGW is not Science
Reply to  Boulder Skeptic
February 3, 2017 10:04 am

I think the phrase “non-model evidence” is redundant. Models are not “evidence” of anything; they are merely reflections of the input assumptions. As it was once so eloquently said, “Computers are very stupid things; they do EXACTLY what you tell them to do.”

Reply to  Eric Simpson
January 31, 2017 10:17 pm

Climate Change is very dangerous. Where will Canada go when our nice little warm spell runs out and the normal glacial conditions return.
I would have loved it if the Judge had said that!

J.H.
January 31, 2017 8:18 pm

These Ecoterrorists sound exactly like ISIS jihadists when they speak. They use the same language about feeling “Serene” before an attack, their slavish dedication to dogma and their use of sabotage and violence to achieve their goals.
These people and anyone associated with the Global Warming Jihad are beyond dangerous….. For jihad it has become when you see this kind of fanaticism.
They need to be dealt with harshly to set a counter example….. Otherwise the propaganda of their actions will stir more Ecofascists to violence.

Stephen Greene
Reply to  J.H.
January 31, 2017 9:21 pm

It’s an addiction. I swear their limbic system is out of whack (I know, very scientific)

John M. Ware
Reply to  J.H.
February 1, 2017 2:00 am

I prefer the new term “ecothugs,” which I just now made up.

hunter
Reply to  J.H.
February 1, 2017 3:57 am

Ron, your posts are always interesting and thoughtful. The post you have on this latest legal gambit by the climate concerned raises a very disturbing point.

Trebla
Reply to  J.H.
February 1, 2017 6:33 am

Although I agree that the comparison to actual Jihadi terrorism is a bit extreme, it is interesting to note that both movements rely on the existence of “useful idiots” to achieve their goals. Deluding oneself into believing that a moronic act like closing a valve will have an impact on the climate debate is akin to blowing oneself up in the certainty of going to heaven. By the way. What’s the warmist equivalent of Allahu akbar? Did the defendant utter it as he closed the valve? Just asking.

MarkW
Reply to  Trebla
February 1, 2017 7:55 am

“What’s the warmist equivalent of Allahu akbar?”
All hail ManBearPig?

schitzree
Reply to  Trebla
February 1, 2017 9:41 am

I can’t find the video of the wild eyed Climate Faithful chick screaming ‘There’s a Consensus!’, but if there IS a ecothug (thanks john) battle cry, that’s it.

Reply to  Trebla
February 1, 2017 2:38 pm

save the planet

Janice Moore
Reply to  Trebla
February 1, 2017 5:48 pm

DonM — BINGO.

Louis LeBlanc
January 31, 2017 8:19 pm

Another unintended consequence of taking the election for granted. I can hardly catch my breath before the next one pops up.

willhaas
January 31, 2017 8:19 pm

If the pipeline was really such a dnager to the public Ken Ward could have gone to court and gotten a court order to have the pipeline shut down but, no, he defied the court and tryed to take the law into his own hands. The existance of Internet sites like this one is testamony that the AGW conjecture is very contraversial. Even it the AGW conjecture was at least mostly true, Mr. Ward’s actions would have had no real affect on climate also Mr. Ward’s actions helped no one. If the climate change defense does not work maybe next Ken Ward can try the Twinke defense.

Tom
Reply to  willhaas
February 1, 2017 7:56 am

Say that his actions affected no one would be false. Anytime oil production is interrupted the cost of fuel goes up to the areas and that Facility Services. So many people were affected by short-lived price increase. The people that work there were affected has her hours were increased or decreased which increases or decreases their pocketbook. I think many times academics forget about the people that work there along with the people who rely on the people that work there.

Louis LeBlanc
January 31, 2017 8:22 pm

Another unintended consequence of Democrats taking the election for granted. I can hardly catch my breath before the next one pops up, courtesy of the Donald.

RockyRoad
Reply to  Louis LeBlanc
January 31, 2017 9:46 pm

The Democrats haven’t been this angry since the Republicans took away their slaves.
(And for anybody who doesn’t know their history, Abe Lincoln was the first Republican president and the US saw the loss of ~640,000 soldiers freeing the slaves. The vast majority of slave owners were Democrats in the South.)

Reply to  RockyRoad
February 1, 2017 3:40 am

But the Democrats have changed since those dark days, long ago.
They no longer discriminate, they will now enslave anyone, irrespective of their colour.

Reply to  RockyRoad
February 1, 2017 6:10 pm

Rocky Road – “and the US saw the loss of ~640,000 soldiers freeing the slaves. ”
Not exactly. The United States saw the loss of about 260,000 soldiers, nearly all of whom were fighting to preserve the Union, not free the slaves. The Confederate States lost about 160,000, few to none of whom were fighting to free the slaves. It is true that 640,000 AMERICANS died during the war, which DID NOT free the slaves. The 13th Amendment did that in 1865.

Reply to  RockyRoad
February 1, 2017 6:17 pm

Darn typos – 360,000 and 260,000. Total of around 620,000 by some accounts.

RockyRoad
Reply to  RockyRoad
February 1, 2017 10:00 pm

Bob, the emancipation proclamation was signed on January 1, 1863 by President Lincoln. If you study the Civil War, you’ll discover that the North wasn’t very successful waging the war until that point, then they were.
Coincidence? I think not, although I concede the war was originally waged to preserve the union, as you say.
I used the ~640,000 death toll to include Americans on both sides, a figure some debate might be much higher. But to ignore the South’s sacrifice is a truly cowardly act of journalism.

Tom
Reply to  RockyRoad
February 3, 2017 8:18 am

I am sorry but people that think the Civil War ( which is badly named as is was not a civil war for control of America but a war for the independence of the south so they could continue being slave owners apart from the north) was about anything but slavery are fooling them selves. Some will say it was about state rights but the only state right that was in question and worth going to war for was slavery. We did not kill 600,000 plus people in the name of tax tariffs or trade agreements. It was from start to finish a war about the right to keep another person as property. And yes the democrats changed. first to the divided south that enslaved people thru economies,the fear of the KKK, a democrat created group, and segregation. Only to be followed with the planned destruction of the black family and black business thru welfare and social programs that turned intercity into ghettoes. Oh yeah they have changed so much .

J Mac
Reply to  Louis LeBlanc
January 31, 2017 10:34 pm

Democrats haven’t been this angry since Everett Dirksen authored the Civil Rights Act of 1964 and Republicans passed it into Law on a straight party line vote, with ALL democrats opposed. Same thing again in 1967.

Steve Borodin
Reply to  Louis LeBlanc
February 1, 2017 12:18 am

Can we stop calling the anti-democrats Democrats please.

PiperPaul
Reply to  Steve Borodin
February 1, 2017 7:04 am

The left has moved so far left that classical liberals are now voting conservative. How much socialism is enough socialism? Progressives helpfully explain: “Shut up!”

Logoswrench
January 31, 2017 8:24 pm

Is there anything that doesn’t “spark outrage” for lefty?
In other news a left coast judge with an ounce of common sense.

BallBounces
Reply to  Logoswrench
January 31, 2017 10:05 pm

Logoswrench — I am outraged at your suggestion that everything sparks outrage among leftists.

Plato
Reply to  BallBounces
January 31, 2017 11:29 pm

+1

Reply to  BallBounces
February 1, 2017 3:25 am

That’s outrageous!

MarkW
Reply to  BallBounces
February 1, 2017 6:35 am

In another case, a judge has ruled that a student expelled by Amherst for sexual misconduct can’t appeal his case because it would be emotionally traumatic to the victim.
http://reason.com/blog/2017/01/31/amherst-student-expelled-for-sexual-misc

High Treason
January 31, 2017 8:32 pm

Don’t we all just love the way the Left seems to have this air of entitlement to do whatever they believe without going through due process (obeying the laws of the land.) Since Mr Ward decided without any legal sanction to do as he pleased, he is personally liable for all damage caused.
30 years in the slammer for blatant disregard for property and potentially life threatening fires is reasonable. It will send the message out to other prospective environmental cowboys (or cowLGBTQIA whatevers) that their lives are effectively over if they do this sort of thing.
Some blame must also go to the bodies that fund the eco-terrorists, such as George Soros.
Sorry, no tears for him as he rots in jail

eyesonu
Reply to  High Treason
January 31, 2017 8:49 pm

No knee pads either.

Reply to  High Treason
January 31, 2017 8:51 pm

High Treason “30 years in the slammer…”
The eco-terrorist probably thought he could plea bargain it down to a few hours of community service or probation. You wonder about his level of freak out if the law is actually followed and he gets that 30 year sentence.

Reply to  High Treason
January 31, 2017 9:03 pm

Some blame must also go to the bodies that fund the eco-terrorists, such as George Soros.
Huh? Ken Ward should be given immunity if he can successfully finger Soros. I would love to see that 80 year old POS carted off to the slammer in chains.

ossqss
Reply to  High Treason
January 31, 2017 9:41 pm

http://www.newsmax.com/t/newsmax/article/646587?section=Newsfront&keywords=Ferguson-Missouri-paid-protesters&year=2015&month=05&date=25&id=646587&aliaspath=%2FManage%2FArticles%2FTemplate-Main&oref=www.google.com
Where is the justice for those who had their convenience stores, pharmacies, and such destroyed from this in their hood from outsiders? I hope this link works as it is plagued with Google as part of it. Remember other highly visible protests when you read this…….

Hivemind
Reply to  High Treason
February 1, 2017 2:20 am

It should be done BLIGT (Bisexual, Lesbian, Intersex, Gay & Transvestite)
Pronounced blight.

Tom
Reply to  Hivemind
February 1, 2017 8:17 am

[snip – thanks but…let’s not start a food fight over this – mod]

Mike
Reply to  Hivemind
February 1, 2017 9:15 am

It’s their problem, they get to name it. As much of a blight as it is, they have chosen LGBTQ. ( “Queer”, for short.)

Janice Moore
January 31, 2017 8:47 pm

Skagit County, Washington, USA is my home county! And I know Mike Rickert. He is an excellent, seasoned, judge, tough but fair, with a sterling reputation in his home county.
You are correct, Eric. The Necessity defense did not apply here.
Very proud of our Judge Rickert!

Reply to  Janice Moore
January 31, 2017 9:17 pm

Thanks Janice for that info, although I am totally blown away by the fact there is a judge in Washington State with his integrity! (Thank God).

Janice Moore
Reply to  asybot
January 31, 2017 10:02 pm

My pleasure, Sybot. If it weren’t for the larger cities of Washington, where so many of the “safety-in-numbers,” easily duped, group-thinkers, live, Washington would have victories on personal liberty/free market/private property/truth-in-science issues far more frequently.
IOW: lots of good judges in Washington State. 🙂

Janice Moore
Reply to  Eric Worrall
January 31, 2017 9:55 pm

Okay, Eric. If I see/hear of anything, I will. Thank you for bringing this to our attention (I don’t pay much attention to local news).
Here is the local online newspaper account (jury deliberated until 4:30pm today, Tuesday, 1/31/17, then adjourned for the evening):
(Excerpt)

… Judge Michael Rickert ruled before the start of the trial that climate scientists and civil disobedience experts defense lawyer Ralph Hurvitz planned to call as witnesses were not relevant and could not testify in the case, according to court documents.
While questioning Ward during his testimony, Hurvitz referenced climate change and climate science. He shared charts depicting carbon dioxide in the atmosphere, carbon emissions from fossil fuels and projections of sea level rise.
Hurvitz said Ward was influenced in his attempt to shut down the pipeline by science, family, his job history and the success of previous acts of civil disobedience. Those involved with the Boston Tea Party are remembered as patriots, rather than criminals, Hurvitz said.
“Just as they are patriots, Ken Ward also is a patriot,” he said.
Skagit County deputy prosecutor Sloan Johnson alluded to Ward’s actions as being comparable to those of a terrorist group. He said Ward put his personal beliefs above the safety of others.
“He didn’t happen to hurt himself or others, but he certainly could have. He put himself and others at risk,” Johnson said. …

(Source: https://www.goskagit.com/news/local_news/jury-begins-deliberations-in-trial-of-man-accused-of-trying/article_83d9b7cc-316f-5f66-95cb-2a28097f9ae5.html )
The Boston Tea Party — eye roll. Criminal defense attorney grasping at straws. Pitiful.

Janice Moore
Reply to  Eric Worrall
February 1, 2017 5:14 pm

Well, here’s the disgusting news:

MOUNT VERNON — The jury deliberating the case of Kenneth Ward has failed to reach a verdict. … a hung jury was announced Wednesday afternoon.

https://www.goskagit.com/news/crime/jury-fails-to-reach-verdict-in-case-of-man-who/article_1498f7e5-3559-5d04-b926-305650d17983.html
It only took one (don’t know how many) feelings-over-reason jury member to wreck it for the rest (vote must be unanimous).
Now, the prosecutor must decide whether to re-try or not.
Public education is VITAL.
Soft-pedalling AGW by lukewarmists (and brainwashing by hard-liners, too, of course) results in exactly what happened to today in that courthouse.

“Oh, I don’t know,” furrowed browed, I-vote-with-my-nerves, dupe whines, “he was guilty, but, not really, because he cared SO MUCH about the planet.”
SICKENING.

Janice Moore
Reply to  Eric Worrall
February 1, 2017 6:53 pm

UPDATE (on “Disgusting News”) —

MOUNT VERNON — The jury deliberating the case of Kenneth Ward failed to reach a verdict, and a mistrial was declared Wednesday in Skagit County Superior Court. ***
It is now up to {Deputy Prosecutor Sloan} Johnson to decide whether to retry the case, Skagit County Prosecuting Attorney Rich Weyrich said. A decision is expected within the next few weeks. …

(Source: https://www.goskagit.com/news/crime/mistrial-for-man-who-broke-into-pipeline-facility-in-name/article_1498f7e5-3559-5d04-b926-305650d17983.html/#utm_source=goskagit.com&utm_campaign=related-by-section&utm_medium=direct&utm_term=mistrial%20for%20man%20who%20broke%20into%20pipeline%20facility%20in%20name%20of%20climate%20change)

OweninGA
Reply to  Janice Moore
February 1, 2017 8:18 am

Janice,
My mother was raised in Sedro Wooley. I know the area pretty well from childhood visits to my grandparents (I should say knew – last was back for my Uncle’s funeral 3 years ago and it has changed quite a bit since the 70s). All my Washington state relatives would be right with this guy in the dock if they had been there. I try never to talk politics with the west coast branch of the family – it never ends well. Love them dearly and will help them out of trouble however I can, but I don’t talk policy with them – ever.
I am surprised a judge in that part of the country didn’t buy the defense as a natural right. Maybe there is hope for Washington State after all.

Janice Moore
Reply to  OweninGA
February 1, 2017 5:42 pm

Hi, Owen,
Nice to hear from you. Well, your relatives are typical of the tree-hugger (i.e., non-thinking environmentalist, not a principled, science-saavy, conservationist) type of liberal Washington state is infested with. I must say, though, that in Skagit County (unlike King County), until about 10 years ago, the average judge (or jury member) is a realist and eager to see the law upheld.
What happened today (hung jury), nevertheless, could have happened 30 years ago (not 50, though). All it took was one old flower child who never grew up or the like to destroy a unanimous verdict. There are still plenty of those giant-peace-sign-on-my-house nuts around here — and their children and grandchildren (skips every other generation, for the most part). And the defense attorney (who did the voir dire for that jury) knew that.
Just like the Casey Anthony murder case. Out of their own mouths, the jury members who did not vote “guilty” condemned their action: their remarks after the trial to reporters showed that they essentially created their own “any doubt at all” standard (versus “reasonable doubt” — i.e., a doubt for which you can articulate a rational reason) and, thereby, CA walked.
So, too, here. Someone “just felt like he shouldn’t be punished” and COMPLETELY IGNORED THE JUDGE’S INSTRUCTIONS (to NOT consider the bogus AGW “necessity” defense).
Arrgh! I am so disgusted!!!!! Thank you for letting me vent!
Yes, the area has changed a LOT since the 1970’s when I was a little kid. It doesn’t feel like home to me anymore. The natural beauty is still here, though. Boy, do I love that!
Lol, when you said “tarheel,” I thought of the upriver folks who came mostly from North Carolina to the Sedro Woolley/Concrete neck of the woods long ago. Some of them STILL talk that way. And their twang is fun to listen to — my “STILL” is just re: that the twang hasn’t died out in this area of the country, so far from the “south” (passed down, now for at least 3 generations in some).
I hope that you got to hike in the Cascades…. to walk one of the beaches and see a pretty sunset…. to hear the Trumpeter Swans flying over……. to eat fresh strawberries….. AND GO AT LEAST 5 OVER THE SPEED LIMIT (grrrr — now, so MANY people around here — what is their problem??? — on average, drive the limit or UNDER, and I mean UNDER UNDER, like 40 in a 50!).
Wishing you well from about 2 miles west of Sedro Woolley,
Janice

Janice Moore
Reply to  OweninGA
February 1, 2017 5:45 pm

re: “when you said ‘tarheel'”
That was a couple years or so ago, when you referred to yourself as one here on WUWT (and we both know that was NOT a putdown to your intelligence 🙂 ).

Owen in GA
Reply to  OweninGA
February 2, 2017 5:39 pm

Too bad about the hung jury. Unlikely the prosecutor will retry due to the expense and the likelihood of the same result in that environment.
Last time I was up I took my mom for a ride up the 20 to North Cascade Visitor Center. Apparently a rock slide closed it farther up several years ago and they decided not to reopen it (at least at that time). Went up to the upper hydrodam on the North fork of the Skagit river and just enjoyed the scenery. I have always loved it up there in the Cascades as well as down by Deception Pass. The drive really helped my mom in the grieving process, too as childhood memories were tied to much of the route. While we were driving up the valley it was gray and misty as only that area can do, but as we climbed up the clouds parted somewhere 20 miles east of Concrete and we had absolutely fantastic views of the mountains. We started to go up to see Baker Lake and take a good walk but it got late on us too fast on that warm winter day and we returned to the hotel in Mt Vernon to get ready for the service the next day.
It is beautiful country, but I can’t even think of living there because of the politics. I’d wind up in jail for losing my temper at the inanity.

January 31, 2017 9:01 pm

I hope the Trump Administration, or better: Donald himself, heard about this case and duly recommends that all judges presiding over similar acts of misanthropic behaviour and green lawlessness, or, IOW: terrorism in future, are to take advantage of the full force of the law when passing sentence… I.e. 30 years, no parole.

Reply to  Alan Vaughn
January 31, 2017 9:18 pm

Yes I hope he follows through and sets a precedence.

Joe Shaw
Reply to  asybot
February 1, 2017 5:24 am

The precedent of having the President tell judges how to decide cases is not one that I would welcome. Would that have been a good thing under Obama? I think not.

MarkW
Reply to  asybot
February 1, 2017 6:38 am

Try reading the comment before commenting on it.
He said nothing about the president influencing the verdict. His comment was in regards to the penalty phase.

Harry Passfield
Reply to  Alan Vaughn
February 1, 2017 12:52 am

Just a suggestion: send the story to Breitbart. Banning might get to hear of it, and then….

Harry Passfield
Reply to  Harry Passfield
February 1, 2017 12:53 am

Arrgh. BANNON

AGW is not Science
Reply to  Alan Vaughn
February 1, 2017 8:01 am

Interference with railroads and pipelines, in particular, is interference with “interstate commerce,” and thereby should be a FEDERAL offense, thus something the POTUS/Congress can influence. How about we drop those “mandatory sentences” for non-violent drug possession cases, and ratchet up mandatory sentences for “civil disobedience” BS that is based on “climate change” fantasies?

Frank K.
January 31, 2017 9:02 pm

“The only question is whether what I did was an appropriate and practical response to what President Obama recently described as “terrifying” climate change conditions.”
Ahhh – the “Obama made me do it” defense!

Phoenix44
Reply to  Frank K.
February 1, 2017 3:49 am

To which the obvious answer is no – even if he had succeeded, and even if you believe the Alarmist claims, it would have made not one iota of difference to what the climate is going to do.
I don’t understand how his defence can possibly work.

AGW is not Science
Reply to  Phoenix44
February 1, 2017 8:04 am

It can’t – the “climate change” BS is purely speculative, and the SUPPOSED but actually non-existent danger is nowhere NEAR “imminent.” Fear of something that MIGHT occur 100 years from now IF a bunch of poor assumptions and psuedo-science were correct is hardly “actionable” in a legally defendable way TODAY.

Stephen Greene
January 31, 2017 9:24 pm

Felonies to all violent political acts. Especially violence during “peaceful” protests.

Editor
January 31, 2017 9:46 pm

This “defense” is identical to religious nutcases that claim they have to do some specific violent act to prevent the wrath of their god from descending on the world. It’s right up there with fundamentalist Christians bombing abortion clinics and killing abortion-providing-doctors or fundamentalist Moslems killing “unbelievers”. “Unbelievers” can be strictlly defined to mean not-in-your-particular-branch; e.g. historical wars and burnings-at-the-stake between Catholics and Protestants, as well as the equivalant bloodshed between the Shia and Sunni branches of Islam.
If this “defense” is allowed, it’ll eventually be used to justify killing “nonbelievers” of Catastrophic Anthropogenic Global Warming. This is one of those areas where we MUST “draw a line in the sand”, with “zero tolerance” for crossing that line.

gnomish
Reply to  Walter Dnes
February 1, 2017 3:12 am

it’s much simpler than you imagine.
the guy violated the rights of somebody.
case closed.
the only thing left is restitution, reparation, compensation.
did you think the courts were there to send messages? are judges social media pundits?
are you aware of the concept of rights at all?
when did you forget that they are the only thing between you and savagery?
but you want to hoot derision cuz it makes you feel so good.
so do chimpanzees.
is there any hope you discover reason?
i ask, because what you propose is more of the tribal angst and none of the sober ratinality that makes civilization work.

gnomish
Reply to  Walter Dnes
February 1, 2017 3:17 am

sorry, walter- i got my comment in the wrong place.

Reply to  gnomish
February 1, 2017 2:47 pm

I was wondering what the hell you were talking about … 🙂

John V. Wright
January 31, 2017 9:49 pm

Lock him up.

gnomish
Reply to  John V. Wright
February 1, 2017 3:03 am

you’re the lucky one today…lol
‘lock em up!’ you say? at whose expense?
will that fix something? will it undo damage?
will it cost more and whom will you steal from to pay for that cost?
is rage signalling now a virtue that justified predation on passersby?
why not charge the person for the damage done?
idiotic reactions are obviously not the exclusive province of any tribe – they are a distinguishing characteristic of all tribes.
so you imagine that one can counter stupid with more stupid?
exponential stupid will reach a limit – do you care what that limit is?

TG
January 31, 2017 10:08 pm

Ken Ward at his Arraignment on Charges of Burglary, Criminal Trespass, Sabotage and Assemblages of Saboteurs. Ken Ward at any time in history or in any country would be a low life criminal full stop!
Climate is an excuse to carry on with his true nature!

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