This is a retaliation case US lawyer who sued Chevron says after landing six-month sentence despite UNs call for his release
Steven Donziger, who sought compensation for Ecuadorian victims of pollution from the energy giant, said his sentencing for contempt was âtotally unfair,â and accused the judge of pushing for him to serve time before his appeal.
âThis is a retaliation case designed to punish me for my successful advocacy on behalf of the indigenous groups in Ecuador,â Donziger said in a video address he uploaded to Twitter in response to Fridayâs verdict in the Chevron case.
Today was difficult but not surprising. Let's remember this case will not be decided by Judge Preska â" the appeals court is the final arbiter. The key question is whether I will be released pending appeal.Thanks again for the support. Here is my latest take: pic.twitter.com/WjUSjvLsgi
â" Steven Donziger (@SDonziger) October 2, 2021In the early 1990s, the Harvard Law School graduate and college classmate of former US President Barack Obama sued Texaco, which later became part of Chevron, on behalf of 30,000 Ecuadorian farmers and indigenous people who believed the American oil companyâs operations were responsible for water and soil contamination in their countryâs Lago Agrio region, as well as for a spike in cancer rates in the area. The proceedings in an Ecuadorian court lasted for years and ended with Donziger winning a $9.5-billion judgment against Chevron in 2011.
The company doesnât deny the damage done to the ecology by waste pools and slag heaps, but insists the $40 million it invested in clean-up efforts absolved it from liability. Chevron subsequently filed a countersuit in the US, accusing the lawyer of bribery, fraud, and witness-tampering. It claimed Donziger was motivated by greed because he was looking to get his hands on hundreds of millions of dollars in contingency fees from a successful compensation case. The American judge took the side of Chevron in 2014 and refused to enforce the Ecuadorian judgement.
The energy company later tried to recoup the money earned by Donziger in that case, with the contempt charges against him stemming from the lawyerâs refusal to turn his electronic devices over to Chevron's forensic experts during those proceedings. He denied the request, arguing it would violate client-attorney privileges and provide the energy company with insight into his teamâs legal strategy.
Donziger has been under house arrest since August 2019 while awaiting trial and sentencing. This May, US District Judge Loretta Preska found him guilty of âwillfullyâ defying court orders.
Also on rt.com âIâm a Weapon of Mass Distractionâ: American lawyer who took on US oil giant held under house arrest in New York for 500+ daysExperts from the UNâs Working Group on Arbitrary Detention said earlier this week that they were âappalledâ by the way the 60-year-old was being treated by the US justice system and called for him to be set free. Five international jurists on the panel described the detention of the now-disbarred lawyer as âarbitrary,â pointing out that he had âalready served the maximum-possible penalty some four times over.â
âJudge Preska completely ignored the ruling of the UNâ and came up with a âtotally unfairâ verdict, Donziger insisted in the video. âShe sentenced me to the maximum sentence of six months in prison â" that is, on top of my two years and two months of house arrest.â
Contempt is âthe lowest-level misdemeanor ⦠a petty offense,â he pointed out, reminding viewers that the harshest sentence previously handed to a lawyer in the US on such charges had been 90 days of home confinement.
Also on rt.com âOnce a corporation is involved, justice goes out the windowâ: Sarandon, Williamson rip into Chevronâs hounding of lawyer DonzigerDonziger and his legal team are to challenge the six-month prison term, with the lawyer claiming the fact the judge denied him bail pending the appeal was another sign of the âpunitive natureâ of the whole process. Her decision was âalmost unheard of,â considering it was a misdemeanor case, he added.
âI have a really good appeal. I think, ultimately, Iâll be exonerated. But that appeal takes one to two years. Itâs very clear Judge Preska wants me to serve my six-month sentence immediately, so that, even if I get exonerated on appeal, I still wouldâve served a sentence for a crime that I never committed.â
A huge crowd of supporters gathered outside the court in New York before the sentence was announced on Friday. Donziger said the rally was âphenomenalâ and expressed confidence that the unjust verdict would attract even more attention to his case.
BREAKING: Flouting the U.N. decision ordering my release, Judge Preska sentenced me to 6 months in prison. Still on house arrest until the appeals court rules on my motion for release pending appeal. Picture is from rally this morning. More details shortly. Stay strong. pic.twitter.com/ufXVhTTWJA
â" Steven Donziger (@SDonziger) October 1, 2021Earlier this year, the lawyer told RT he believed the true aim of the prosecutors was to prevent future cases of this kind being filed against major companies such as Chevron.
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