NEW YORK — In the fall of 2016, under the cover of darkness, Jessica Reznicek had a singular focus: to halt the construction of the Dakota Access Pipeline. At valve sites across America's heartland, she snuck through security fences, set fire to equipment, and used chemicals to burn holes in the pipeline itself.
To Reznicek, a veteran climate activist, the damage was justified: a nonviolent act of civil disobedience in pursuit of saving the planet. The Justice Department saw it differently. After Reznicek publicly acknowledged her crimes and entered a guilty plea, federal prosecutors subsequently persuaded a judge to apply a sentencing increase known as the"terrorism enhancement" against her, putting her behind bars for eight years.
At a time when domestic violent extremism is on the rise, experts say Reznicek's appeal presents a fresh opportunity to reexamine how terrorism cases are prosecuted -- and who deserves to be labeled a terrorist.Long before Reznicek committed herself to a life of environmental activism, the Iowa native felt a deep connection to nature.
In public and in court, Reznicek admitted to her actions -- which included setting fire to multiple construction vehicles -- and encouraged others to follow suit. She never hurt another person and said she never targeted human life. But her actions led to a delay in the pipeline's construction and more than $3 million in damages.
"When an individual or group of individuals use an explosive device and incendiary device, engage in tight acts of targeted violence, they have crossed the line," said John Cohen, an ABC News contributor and former senior official in the Department of Homeland Security, describing the intention of the harsher penalties.
"While [prosecutors] try to be consistent, they'll try to be fair, obviously, there's going to be different jurisdictions, different groups," DOJ federal prosecutor Joe Moreno told ABC News."And ultimately, you're never going to get a system where it's uniformly applied everywhere." "I believe 100% that this is an overreach of power," said Sen. Ed Markey, D-Mass."And it is absolutely imperative that we put guidelines in place."Markey and other climate supporters say the oil and gas industry has spent years trying to silence opposition, lobbying state and federal lawmakers to enact tougher rules for protesters and increasing penalties for trespassing, damage and destruction at critical infrastructure sites.
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