The 19 protesters are being charged under a Georgia law passed in 2017, which,
according to the Republican state senator who introduced the bill, was intended to combat cases like the Boston Marathon bombing, Dylann Roof’s massacre of nine Black churchgoers in Charleston, South Carolina, and the Orlando Pulse nightclub shooting.
“During legislative debate over this law, the concern was raised that as written, the law was so broad that it could be used to prosecute Black Lives Matter activists blocking the highway as terrorists. The response was simply that prosecutors wouldn’t do that,” Kautz told me. “There are similar laws passed in many other states, and we believe that the existence of these laws on the books is a threat to democracy and the right to protest.”
The Georgia law is exceedingly broad. Domestic terrorism under the statute includes the destruction or disabling of ill-defined “critical infrastructure,” which can be publicly or privately owned, or “a state or government facility” with the intention to “alter, change, or coerce the policy of the government” or “affect the conduct of the government” by use of “destructive devices.” What counts as critical infrastructure here? A bank branch window? A police vehicle? Bulldozers deployed to raze the forest? What is a destructive device? A rock? A firework? And is not a huge swathe of activism the attempt to coerce a government to change policies?
Police
affidavits on the arrest warrants of forest defenders facing domestic terror charges include the following as alleged examples of terrorist activity: “criminally trespassing on posted land,” “sleeping in the forest,” “sleeping in a hammock with another defendant,” being “known members” of “a prison abolitionist movement,” and aligning themselves with Defend the Atlanta Forest by “occupying a tree house while wearing a gas mask and camouflage clothing.”