Statement of Independent Trial Monitors
On Release of Official Report:
"This is unequivocally one of the most important cases in American history — it's far bigger than the survival of Greenpeace or even the environmental movement as a whole. If this outrageous verdict is allowed to stand, this case will likely impair the advocacy of activists, religious groups, political organizations, churches, charities, and anyone exercising a constitutional right to speak on an issue of public importance, regardless of where they fall on the political spectrum.”
"Based on our own observations, the court in North Dakota abdicated its sacred duty to conduct a fair trial. I've been a part of or observed more than 100 trials in my life. This was probably the most unfair one I've ever witnessed in the United States."
— Marty Garbus | Trial attorney who has practiced law for six decades and has represented Nelson Mandela, Daniel Ellsberg, Cesar Chavez, and Vaclav Havel
Marty Garbus
Steven Donziger
“This was a targeted legal attack on maybe the largest environmental organization in the world, designed to weaken the environmental movement as a whole. Watching the trial against Greenpeace in North Dakota shows yet again that fossil fuel corporations are using a playbook to weaponize the law against their adversaries."
"These companies go out of their way to steer these illegitimate harassment lawsuits to judges who — either out of malice or ignorance — allow them to proceed to trial, burdening defendants with years of exorbitant costs and psychological stress even if they ultimately prevail."
— Steven Donziger | Environmental and Human Rights Advocate
Jeanne Mirer
“We documented pervasive bias in the jury pool in favor of Energy Transfer, which completely blocked Greenpeace's ability to get a fair trial. Juror after juror conceded they had ties to the very oil and gas industry that was prosecuting the case, and the judge refused to remove them. Not a single Native American or person of color was seated on the jury, even though Indigenous rights motivated the Standing Rock protests — adding to the unfairness.
"In addition, multiple efforts to change venue away from the protest site — which we considered an absolute necessity to ensure a fair trial — were rejected by the court.
The bottom line is that Greenpeace did not get a fair trial."
— Jeanne Mirer, Esq, | President, International Association of Democratic Lawyers
"I have documented human rights abuses and sham trials across the globe under some of the world's most repressive regimes, but the myriad violations of fair trial rights I witnessed in that North Dakota courtroom has shocked me to the core. The analysis presented in this report will serve as a case study in how to expose judicial malpractice and demand accountability from those in power."
— Wade McMullen, Esq., Distinguished Fellow, Human Rights Institute, Georgetown University Law Center