President Joe Biden has an opportunity in his final months in office to correct a severe miscarriage of justice by granting a full pardon to human rights and environmental attorney Steven Donziger.
Donziger’s case is emblematic of the dangers of unchecked corporate power and a judicial system that appears to have acted in concert with corporate interests to silence a watchdog guarding the planet against a brutal assault.
Donziger’s prosecution was not only a personal ordeal but also a chilling warning to other lawyers and activists who might stand up to corporate malfeasance and a presidential pardon might be a stark deterrent to harassment of other attorneys and activists who are taking action against industrial wrongdoing.
Donziger spent close to three years in home detention and prison, even though the maximum sentence under the charge he faced was only six months.
Donziger’s journey began with his representation of Ecuadorian communities devastated by oil pollution in the Amazon rainforest.
After a grueling 20-year legal battle, an Ecuadorian court ordered Chevron to pay $9.5 billion in damages for the pollution—a verdict that Chevron has since evaded.
Rather than taking accountability, Chevron pivoted its efforts to pursue legal retaliation against Donziger himself. In 2011, Chevron filed a RICO suit against Donziger in New York, alleging fraud and bribery in his handling of the Ecuadorian case.
The case was overseen by U.S. District Judge Lewis A. Kaplan, who failed to disclose that he owned shares in mutual funds that created a financial interest for him in Chevron.
Kaplan barred enforcement of the Ecuadorian ruling in the U.S., he used the court’s power to disbar Donziger, and even imposed restrictions on the environmental lawyer’s ability to seek funding for his case.
The troubling details of Donziger’s subsequent prosecution reveal the extent of Chevron’s influence.
After the US Attorney’s office for the Southern District of New York declined to prosecute allegations of criminal contempt, Kaplan appointed a private law firm with ties to Chevron to pursue charges against Donziger—an extraordinary step in which the oil company’s legal team essentially took on the role of judge and jury.
Donziger’s refusal to turn over his electronic devices, citing attorney-client privilege, led to nearly three years under house arrest, followed by a conviction and a prison sentence for contempt of court.
The case attracted widespread condemnation, with members of Congress, Nobel laureates, and U.N. human rights officials among those denouncing Chevron’s actions as “judicial harassment.”
Startling evidence undermines the fairness of Donziger’s trial.
Alberto Guerra, the Ecuadorian judge whose testimony was pivotal in Kaplan’s RICO ruling, later admitted to lying under oath, alleging that his claims of bribery and judgment ghostwriting by Donziger were exaggerated or false.
Despite these revelations, Kaplan’s decision remained in place, underscoring a justice system that has yet to meaningfully reckon with Guerra’s retraction.
For over a decade, Donziger has faced not only a relentless legal assault but also a personal and professional nightmare.
His experience highlights how powerful corporations, armed with vast legal resources, can weaponize the justice system against those who hold them accountable.
The prosecution and extended detention of Donziger send a chilling message to others who might challenge corporate wrongdoing and expose environmental and human rights abuses.
President Biden has the power to send a different message—that the U.S. justice system is not for sale, and that Americans, even those taking on powerful corporate entities, deserve fairness and due process.
A pardon for Steven Donziger would signal a commitment to human rights, environmental justice, and the protection of those who courageously defend both. Amnesty International has posted a letter online for citizens to write to the White House urging President Biden to do this simple, but very important thing.
It is time to correct this grave injustice and restore faith in a system that should defend, not punish, those who fight for a better world.