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With 12 Days Left, Donziger Says Pardon From Biden Would Send Clear Message to Big Oil
"It would send a signal that President Biden, who claims to be a climate president and a rule of law president, can walk the walk, not just do the talk," said human rights attorney Steven Donziger.
Jan 08, 2025
With Joe Biden's White House term ending in less than two weeks, human rights attorney Steven Donziger on Tuesday urged the outgoing president to send a message to Chevron and other oil giants around the world by granting him a pardon.
"I think it would bring enormous recognition that this is just fundamentally wrong and a violation of the Constitution," Donziger said of a pardon in an interview with Amnesty International, one of many advocacy organizations backing his petition to the president. "But more importantly, it would send a signal that President Biden, who claims to be a climate president and a rule of law president, can walk the walk, not just do the talk. And it would be a really important opportunity for him to stand up for the principles that he purports."
Donziger faced a yearslong legal assault from Chevron after he helped win a $9.5 billion settlement against the company in 2011 over oil dumped on Indigenous lands in the Amazon rainforest in Ecuador.
Donziger has spent more than 1,000 days in prison or under house arrest since 2019, when he was charged with six counts of criminal contempt of court—charges for which he was found guilty in 2021 by Loretta Preska, a judge who has served on the advisory board of the Chevron-funded Federalist Society.
The United Nations condemned Donziger's prosecution and prolonged detention as violations of international law.
Donziger, who walked free in 2022, has said he is "the only person in U.S. history to be privately prosecuted by a corporation."
"More specifically," he wrote in a blog post last year, "the government (via a pro-corporate judge) gave a giant oil company (Chevron) the power to prosecute and lock up its leading critic."
In his interview with Amnesty volunteer Elizabeth Haight, Donziger argued that "there was no basis to charge me with contempt, either civil or criminal."
"But even if there was, this was handled in an extremely irregular, and I would argue, questionable, if not outright corrupt, way," he continued. "In my case, the prosecutor looked at the evidence and refused to take the case forward. That should have been the end of it. Instead, this judge appointed a private corporate law firm to step into the shoes of the U.S. government and prosecute me directly."
Donziger said that while "the case in Ecuador does not depend on me getting a pardon... a pardon would make it clear, or even more clear, to any judge in any country who might consider enforcing the judgment against Chevron, that Chevron's entire theory that somehow they were the ones victimized by the people of Ecuador rather than the other way around, is a completely false and manufactured narrative."
With time running out, Donziger urged people to sign his petition to the Biden White House calling for a pardon—a demand backed by dozens of U.S. lawmakers.
"Sign the petition to the White House, donate—as I can't work and am reliant on the goodwill of people all over the world to help pay my legal fees and keep me and this work moving—and call the White House at +1-202-456-1111," Donziger said. "What that means is, when the operator at the White House answers, you simply say, 'I'm calling to urge President Biden to pardon Steven Donziger, this is a grave injustice, this is a stain on the reputation of our country, and it must be corrected.'"
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34 US Lawmakers Urge Biden to Pardon Steven Donziger
"We are deeply concerned about the chilling effect this case will have on all advocates working on behalf of other frontline communities, victims of human rights violations, and those seeking environmental justice."
Dec 11, 2024
More than 30 Democratic members of Congress on Wednesday called on outgoing U.S. President Joe Biden to pardon environmental and human rights lawyer Steven Donziger, who endured nearly 1,000 days in prison and house arrest after successfully representing Ecuadoreans harmed by Big Oil's pollution of the Amazon rainforest.
In a
letter to Biden led by Rep. Jim McGovern, (D-Mass.), 33 House and Senate Democrats plus Independent U.S. Sen. Bernie Sanders of Vermont noted the "troubling legal irregularities" in Donziger's case, which have been "criticized as unconstitutional or illegal by three federal judges, 68 Nobel laureates, and five high-level jurists from the Working Group on Arbitrary Detention of the United Nations."
Donziger represented a group of Ecuadorean farmers and Indigenous people in a 1990s lawsuit against Texaco—which was later acquired by Chevron—over the oil company's deliberate dumping of billions of gallons of carcinogenic waste into the Amazon. He played a key role in winning a $9.5 billion settlement against Chevron in Ecuadorian courts.
However, Chevron fought Donziger in the U.S. court system, and when the attorney refused to disclose privileged client information to the company, federal District Judge Lewis Kaplan—who was invested in Chevron—held him in misdemeanor contempt of court. Loretta Preska, Kaplan's handpicked judge to preside over Donziger's contempt trial, is affiliated with the Chevron-funded Federalist Society.
Donziger's case drew worldwide attention and solidarity, with human rights experts and free speech groups joining progressive U.S. lawmakers in demanding his release. He was released in April 2022 after 993 days in prison and house arrest.
"Donziger is the only lawyer in U.S. history to be subject to any period of detention on a misdemeanor contempt of court charge," the 34 lawmakers wrote. "We believe that the legal case against Mr. Donziger, as well as the excessively harsh nature of the punishment against him, are directly tied to his prior work against Chevron. We do not make this accusation lightly or without evidentiary support."
The legislators warned:
Notwithstanding the personal hardship, this unprecedented legal process has imposed on Mr. Donziger and his family, we are deeply concerned about the chilling effect this case will have on all advocates working on behalf of other frontline communities, victims of human rights violations, and those seeking environmental justice. Those who try to help vulnerable communities will feel as though tactics of intimidation—at the hands of powerful corporate interests, and, most troublingly, the U.S. courts—can succeed in stifling robust legal representation when it is needed most. This is a dangerous signal to send.
"Pardoning Mr. Donziger," the lawmakers added, "would send a powerful message to the world that billion-dollar corporations cannot act with impunity against lawyers and their clients who defend the public interest."
The lawmakers join more than 100 environmental and human rights groups that have urged Biden to pardon Donziger.
In an April opinion piece published by Common Dreams, Donziger contended that "I need this pardon because I am the only person in U.S. history to be privately prosecuted by a corporation."
"More specifically, the government (via a pro-corporate judge) gave a giant oil company (Chevron) the power to prosecute and lock up its leading critic," he continued. "As a result of this unprecedented and frightening private prosecution, I still cannot travel out of the country and I have been prohibited from meeting with clients I have represented for over three decades. Nor can I practice law, maintain a bank account, or earn a livelihood."
"No matter where one stands on the political spectrum," Donziger added, "we should all be able to agree that what happened to me should not happen to anybody in any country that adheres to the rule of law."
The appeal for a Donziger pardon comes amid a
wave of eleventh-hour pleas from lawmakers for Biden to grant clemency to figures ranging from WikiLeaks founder Julian Assange and National Security Agency whistleblower Edward Snowden to Indigenous activist Leonard Peltier—often described as the nation's longest-jailed political prisoner—and federal death row inmates including Billie Jerome Allen, who advocates say was wrongly convicted of murder.
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Exposed: The Oil and Gas Giants Profiting Most From Israel's Gaza Genocide
"The complicity of international corporations and governments in fueling Israel's war machine represents the latest chapter in a long history of fossil fuel companies enabling genocide and mass atrocities," said one campaigner.
Nov 14, 2024
On the fourth day of the United Nations Climate Change Conference, or COP29, in Azerbaijan, green groups highlighted how fossil fuel companies "enable and profit from Israel's genocide in Gaza," continuing "a long history of the industry's complicity in mass atrocities worldwide."
"The fossil fuel industry is culpable in death and destruction around the world, not only through the climate crisis they cause but through the violence they fuel," Oil Change International said in a statement Thursday.
"Every shipment of oil to Israel carries the weight of Palestinian lives."
The group—along with others including Friends of the Earth Palestine/PENGON and Tipping Point U.K.—is seizing the opportunity presented by COP29 to draw attention to an aspect of the Gaza war often overlooked amid the staggering death and destruction wrought by Israel's 13-month onslaught, which a United Nations panel on Thursday
said is consistent with the "characteristics of genocide."
"Investor-owned and private oil companies supply 66% of oil to Israel—more than a third of that from major oil companies like Chevron, Shell, and BP—despite genocide warnings from the International Court of Justice," Oil Change said. "BP is among the top corporate suppliers of oil to Israel. It operates and is the largest owner of the BTC pipeline, which transports Azeri oil that is ultimately sent to Israel."
The BTC pipeline runs from Baku—the Azeri capital and COP29 host city on the Caspian Sea—through Azerbaijan, Georgia, and Turkey and, according to Oil Change, supplies Israel with 28% of its oil, belying Thursday's claim by Turkish President Recep Tayyip Erdoğan that the country has severed all ties with Israel.
An
investigation published in September by Energy Embargo for Palestine showed how oil transported via the BTC pipeline is refined into jet fuel for Israel Defense Forces warplanes.
Oil Change continued:
BP has also been granted gas exploration licenses in occupied Palestinian waters. By providing it with fuel, BP enables the Israeli government to commit genocide in Gaza. Chevron operates and partially owns the two largest Israeli-claimed fossil gas fields, Tamar and Leviathan, making it the main international actor extracting fossil gas claimed by Israel in the Mediterranean. In 2022, 70% of Israel's power was generated from fossil gas extracted by Chevron. Through the millions of dollars it pays Israel for its gas extraction licenses, Chevron is also directly contributing to financing Israel's regime of genocide, apartheid, settler colonialism, and occupation.
"The complicity of international corporations and governments in fueling Israel's war machine represents the latest chapter in a long history of fossil fuel companies enabling genocide and mass atrocities,"
Mohammed Usrof, a member of the Palestinian Youth Climate Negotiation Team at COP29 who lost 21 relatives to Israel's onslaught, said in a statement Thursday. "Every shipment of oil to Israel carries the weight of Palestinian lives."
Tipping Point U.K. organizer Sadie DeCost said that "BP originated as a key enabler of the British empire, and continues as one of the top 10 largest carbon emitters in the world."
"It operates and is the largest owner of the BTC pipeline, which ships Azeri oil to fuel Israel's genocide in Gaza," DeCost added. "BP's historic colonial harms continue through its support of violent regimes. Its emissions are estimated to cause hundreds of billions of dollars of loss and damage. We must shut down BP to end this injustice, and demand climate reparations for impacted communities around the world."
Mahmoud Nawajaa, general coordinator of the Boycott, Divestment, and Sanctions movement for Palestinian rights, lamented that "criminal fossil fuel companies that have shamefully been invited to join COP29 are not only responsible for destroying the planet, they are also responsible for fueling genocide and other atrocity crimes around the world, from Gaza to Myanmar to the Amazon region."
"Prime among these is Chevron, [which] continues to supply Israel and its military with energy and millions of dollars in tax revenues through fossil fuel extraction activities in the Mediterranean," Nawajaa added.
Oil Change International U.S. campaign manager Allie Rosenbluth asserted Thursday that "the fossil fuel industry is not just destroying our climate—it's actively profiting from genocide."
"These companies and the governments enabling them know exactly how their supplies are being used against Palestinian civilians," she continued. "Palestinian groups and their allies around the world have called for an energy and arms embargo demanding governments and companies cease all fuel and arms shipments to Israel until it ends the genocide and its regime of apartheid against the Palestinian people."
"The fossil fuel industry is not just destroying our climate—it's actively profiting from genocide."
"Despite these strong demands, the U.S. continues to be a key supplier of JP8 jet fuel to Israel, which is crucial for its military operations," Rosenbluth added. "This isn't just business—it's complicity in mass atrocities."
Oil Change noted that while many governments have prioritized profit and national interest over human rights in Palestine, Colombia—which is led by leftist President Gustavo Petro—"has set a strong precedent and issued an embargo on coal exports to Israel" as part of a broader suspension of relations due to the Gaza onslaught.
This is more than just a symbolic move, as Israel imports more than half of its coal from Colombia.
"Others must follow suit," Oil Change stressed.
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