I witnessed a travesty of justice today that left an awfully bad taste in my mouth. My friend Danny Factor has been navigating the shifting shoals of our less than” just” legal system. I say less than “just” because the legal system and those who work in it should abide by a modicum of just-ness but Danny received much less than that.
Danny Factor, Acton activist Attorney, and Green Rainbow Party candidate for Secretary of the Commonwealth in 2014 was arrested for an act of civil disobedience in the defense of the Silver Maple Forrest on October 20, 2014 – “After being detained for seven hours, much of it in leg shackles, Danny Factor pled “not guilty” and was released.”
His trial is scheduled for Monday, July 13, 2015. In court, Danny will be stating that he did nothing wrong; he did what was necessary to protect the planet.
Danny’s current Facebook page related to this action it is at:
The essence of this case rests on one singular and overriding legal point, “autem quod est necessarium est licitum” or that which is necessary is legal. This is a valid legal defense; one that Daniel Factor has been denied the use of, simply and arbitrarily because the Judge hearing his case will not allow it. And why not you might ask, because according to the Judge the use of the Public Necessity Defense doesn’t meet the criteria.
This is the rankest litigious piffle ever uttered; totally lacking in any sane persons’ credence. I question the motives of the court in this ruling and I feel completely justified in doing so.
Here is the legal definition for the “Public Necessity Defense”
“Public necessity can create a privileged invasion of another’s land or chattel. The rationale is that when peril threatens the whole community so that the public interest is involved, one has a complete defense to act to protect the public interest. To invoke this privilege, it must be:
- An immediate and imperative necessity; and
- An act that is done in good faith for the public good.
The privilege disappears when the act becomes unreasonable under the circumstances.”
Aristotle says “that things that are not within our power of choice and deliberation are not matters upon which we can be held morally accountable. What happens to us is not our crime or misdeed.” This argument goes up in smoke much like the trees that previously inhabited the destroyed areas of the Silver Maple Forest and for what? So that some developer can profit?
“There is a higher court than courts of justice and that is the court of conscience. It supersedes all other courts.” ~ Mahatma Gandhi
The benefits of the forest and all the varied species that called it home did a great deal to protect our environment. Trees are carbon sinks; they capture carbon from the atmosphere and store it safely away for their lifetime. To destroy forests and the trees that live in them is to put our already stressed planet in unnecessary danger from anthropogenic climate disruption, that would be human caused climate change and this was the immediate and imperative necessity that motivated Mr. Factor to act in good faith for the public good. The fact that the Judge presiding over this case ruled against allowing this legal defense demonstrates both a lack of concern for the environment and a total ignorance of the legal precedence that preceded and motivated it.
“This is one of the strongest defenses in the law. It can result in findings of two sorts (1) that the act was justifiable or (2) that the act was excusable. These are quite different. Justifiable acts should be done again in the same situation. Excusable acts, not so much so.”
~ a philosopher and a legal scholar
This is just further evidence of our supposed impartial Legal System ruling in favor of corporate authority and against humanity’s best interests. I call for all persons who love justice, the environment, their lives and, the lives of their children to write to your representatives, local Newspapers, anyone you can think of to overturn this travesty of justice. Spread the word that the power is in the roots!