DeChristopher Convicted

Tim DeChristopher, the environmental activist who bid on oil and gas leases to prevent development of sensitive tracts near Arches and Canyonlands National Parks, was convicted yesterday on both counts (false statements and impeding a federal auction). This is not surprising as he had admitted to the acts and he was barred from discussing his motives. The New York Times' reporter Kirk Johnson asked "Do Motives Matter?" in a blog post about the verdict. Legally, in this case, the answer is no. Without the ability to argue necessity any discussion of his motives, technically speaking, would be irrelevant to proving the charges; the government asked the jury "did he do it?" and reminded them that it didn't matter why. (Aside: motive is almost always irrelevant in criminal prosecutions (though it can be relevant in sentencing), a misconception that is perpetuated by pop culture portrayals of trial. Cops rely on motive in investigations, but in the courtroom it is rarely an element that must be proved).

Mr. Johnson is asking the wrong question. Rather, he should be asking "why was this case brought?" Prosecutorial discretion is the principle that the executive has the right to determine which cases are tried, which suspects tried, and what the priorities of enforcement will be. First, the Obama administration pulled the tracts in question from development, negating the auctions, so there was no harm to the government. Second, his motives were honorable. This is the case of a non-violent student engaging in civil disobedience. That he would be prosecuted and now faces up to 10 years in prison for this is unconscionable, especially from an administration that, despite its abysmal record in many areas, actually has a relatively good (though far from exemplary) record on environmental issues. However, what it comes down to is corporate power and money and, as DeChristopher said after his conviction, "I can't point to many examples where they've sided with future generations over corporate interests." It's just another in a long list of examples of Obama siding with the rich and powerful instead of supporting meaningful systemic reform.

At least he was convicted of dealing only with the Bureau of Livestock and Mining and not the historically (even more) corrupt Minerals Management Service (now Bureau of Ocean Energy Management, Regulation, and Enforcement). That would have been intolerable. And perhaps he will raise the profile of the continued problems of widespread oil and gas leasing, climate change, and environmental degradation (especially near sensitive lands) and serve as a martyr. The first hero in a long fight.