Urge Governor Kotek to Veto
Domestic Terrorism Bills

June 30, 2023

Oregon Governor Tina Kotek has 300 bills passed by the legislature on her desk and has encouraged state residents to let her office know which bills they really want her to sign or veto. I wrote to urge her to veto three, including House Bills 2772 and 2572, and hope you will join me in advocating the elimination of this harmful legislation.

House Bill 2772 and House Bill 2572 will allow law enforcement to target those seeking progressive social change by harassing, persecuting, and imprisoning climate/environmental activists, Indigenous water protectors, police brutality/racial justice protesters, labor unions, and advocates for LGBTQ, women's, BIPOC, and reproductive rights. (I explained my objections about the third, House Bill 2426 eliminating Oregon's ban on Self Service Gas Stations in April.)

House Bill 2772 (relating to domestic terrorism) and House Bill 2572 (relating to paramilitary activity), are being sold as giving "law enforcement agencies the tools they need to confront the dangerous and troubling rise of extremism in this country", according to Oregon Attorney General Ellen Rosenblum.

In reality, these laws will be used to crack down on progressive protestors just as similar legislation has been used against the Stop Cop City protestors in Atlanta, Georgia.

I strongly urged the governor to veto House Bill 2772 (relating to domestic terrorism) and "stand against the fascism encroaching on Oregon.

"As jurisdictions across the United States embrace fascism, parts of Oregon have offered a tiny blue beacon of refuge for marginalized people. But, HB 2772 will eliminate any hope Oregon has of resisting the fascism engulfing this country.

"In theory, HB 2772 sounds like a measure that could be used to fight the radical, right-wing, fascist movements terrorizing marginalized people across the U.S.

"In reality it's a dangerous and unnecessary bill because:
  1. "We already have plenty of laws on the books to prosecute right-wing terrorists for their violence.
  2. "Right-wing terrorists often are not arrested or prosecuted until/unless they murder people because police -- who often are friends with them and members of the same organizations -- protect them. (See almost every mass shooter who had already been bought to law enforcement's attention, the number of LEO who participated in the January 6 insurrection, the many LEOs who are members of Proud Boys, Patriot Prayer, Three Percenters, etc.)
  3. "Domestic terrorism laws are routinely used (as this one will be) by police and prosecutors to selectively target people seeking progressive social change by harassing, persecuting, and imprisoning climate/environmental activists, Indigenous water protectors, police brutality/racial justice protesters, labor unions, and advocates for LGBTQ, women's, BIPOC, and reproductive rights. (See the brutalization of Cop City protestors in Atlanta where peaceful protestors, legal observers, and reporters have been charged with domestic terrorism -- and murdered -- under similar legislation; where a SWAT team arrested legal support staff on charges of 'money laundering' for providing funds to bail out people imprisoned without trial in violation of their constitutional rights.)
  4. "HB 2772 will allow police to wield the same playbook used against labor, farm worker, civil rights, women's suffrage, LGBTQ, etc. movements throughout the 20th century.
"It should be noted that HB 2772 uses the same language as American Legislative Exchange Council (ALEC)-drafted bills written specifically to attack climate activists and Indigenous water protectors.

I'm begging you to please veto HB 2772, and the fascism it enables."

I also strongly urged the governor veto House Bill 2572 (relating to paramilitary activity).

"The fact that this bill was pushed for by law enforcement and prosecutors -- the same members of law enforcement who watch paramilitary groups attack social justice protesters and never arrest them for the crimes they commit (although they will arrest the social justice protestors, especially those who are Black and Indigenous, exercising their First Amendment rights and committing no crimes); the same prosecutors who refuse to bring charges against members of paramilitary organizations until their crimes become too egregious to ignore -- should be reason enough to send this bill straight to the shredder.

"If an attorney general is allowed to seek a court order when they have 'reasonable cause to believe that a person or group of persons has engaged in, or is about to engage in, paramilitary activity', what's to stop them from seeking a court order against members of a John Brown Gun Club or the Pink Pistols teaching self defense classes to those in the crosshairs of LEO and actual paramilitary groups?

"LEO already has the tools needed to 'confront the dangerous and troubling rise of extremism in this country' but refuses to do so because those extremists are their friends and belong to the same organizations they do, including Proud Boys, Patriot Prayer, Three Percenters, etc.

"The warnings from the social justice protestors on the front lines (including climate/environmental activists, Indigenous water protectors, police brutality/racial justice protesters) standing alone against fascists and Nazis -- that if heeded could have prevented the Jan. 6, 2021 insurrection -- were ignored by LEO, including DHS and the FBI, because all of those organizations were too busy attacking those social justice protestors.

"House Bill 2572 is just an attempt by LEO to gain further leverage against climate/environmental activists, Indigenous water protectors, police brutality/racial justice protesters and these 'additional tools' will be used against social justice protestors sooner and more often than against any real threats such as Proud Boys, Patriot Prayer, Three Percenters, etc. This, despite the fact that 'paramilitary activity' by members of those organizations has resulted in injury and deaths of marginalized individuals while LEO (and many politicians) at best ignored and at worst actively aided them. (See the brutalization of Cop City protestors in Atlanta of peaceful protestors, legal observers, and reporters.)

"The emphasis on the requirement that such 'paramilitary activity' has to include an intention 'to commit the act of infringing on people's protected First Amendment Rights' ignores the fact that the definition of free speech used by dangerous right-wing extremists includes hate speech and the stochastic terrorism that has already resulted in the deaths of LGBTQ (especially those who are trans and gender non-conforming) and Black and Indigenous people."

I also thanked the governor for seeking Oregonian's input on the bills that reached her desk especially because, in my case at least, both my representative and senator ignored my concerns.

If you're an Oregon resident concerned about police/prosecutors attacking, arresting, and prosecuting as domestic terrorists or participants in paramilitary activity those who are climate/environmental activists, Indigenous water protectors, police brutality/racial justice protesters, labor unions, and advocates for LGBTQ, women's, BIPOC, and reproductive rights, please contact Governor Kotek at https://www.oregon.gov/gov/Pages/share-your-opinion.aspx and urge her to veto House Bills 2772 and 2572.

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