Chevron used witness bribery and other false evidence to lobby for Donziger to be suspended on an interim basis without a hearing after he led Indigenous groups in Ecuador to a landmark court victory over the company. (For background, see this criminal referral letter of Chevron and its attorneys to the U.S. Department of Justice.) Four layers of courts in Ecuador, and 16 appellate judges total, have affirmed the findings against Chevron and rejected the company's fake "fraud" narrative targeting Donziger.
Donziger is contesting his suspension, but staff attorneys at the New York bar grievance committee -- who have been pressured by company lawyers -- are trying to deny him a hearing where he can present evidence.
Garbus said the following in defense of Donziger:
“This awful injustice, a dagger in the heart of the Ecuadorian people, is unconstitutional and must be reversed,” he said. “The Ecuadorian people are entitled to the lawyer of their choice, Steven Donziger, who is one of the country’s finest, most decent and most honorable lawyers. Steven’s representation is essential to the Ecuadorian quest for justice and he must be permitted to continue.”The press release about the latest development from the Amazon Defense Coalition, the organization that won the historic pollution judgment against Chevron in Ecuador, is here and can be read in full below:
Prominent Lawyers Rally To
Support Steven Donziger’s Demand That He Be Allowed to Present Evidence of
Chevron Fraud
Harvard Professor Nesson Says
Evidence Proves Oil Giant “Manufactured A Lie” To Try to Strip Donziger’s Law
License To Retaliate for Winning Pollution Case
New York – Three prominent
lawyers have rallied behind the demand of human rights attorney Steven Donziger
that he be allowed to present compelling new evidence that Chevron committed
fraud to try to strip him of his law license as retaliation for helping his
Indigenous clients win a landmark $12 billion pollution judgment in Ecuador.
Under pressure from Chevron
and a U.S. judge who has tried to attack the Ecuador judgment, staff attorneys
at the New York bar grievance office in 2018 designated Donziger “an immediate
threat to the public order” and temporarily suspended his law license despite
the fact 16 appellate judges in Ecuador have affirmed the pollution findings
against Chevron. Donziger had a disciplinary hearing scheduled for December to
challenge that designation, but the bar staff lawyers blocked it – an act that
Donziger and his supporters say violates the Constitution.
In a legal
motion filed this week before a New York state appellate court, Donziger is
demanding he be able to challenge findings of Judge Lewis A. Kaplan that formed
the basis of his temporary suspension. Kaplan’s finding that the Ecuadorian
judge was promised a payment was based entirely on the testimony of an
admittedly corrupt Chevron witness, Alberto Guerra, after he was paid $2
million by Chevron and coached by its lawyers for a staggering 53 days prior to
taking the stand.
Guerra later admitted
he had perjured himself under oath while a forensic
analysis proved he lied about a critical issue on which Kaplan based most
of his decision. Yet Donziger was still suspended based on Guerra’s testimony,
which has been rejected by four layers of courts in Ecuador. The Kaplan findings
also have been ignored by Canada’s Supreme Court, which unanimously
endorsed an enforcement action filed by the Ecuadorians targeting the
company’s assets in that country. Donziger has not had even one client
complaint in 25 years of law practice.
New York grievance committee staff
attorneys Naomi Goldstein and Jorge Dopico (who oversee attorney licensing in
New York) refused even to interview Donziger after he sent them a detailed
letter explaining why he believed there was no valid basis to proceed
against him. Donziger and the case against Chevron have the backing of several
major environmental groups (here),
indigenous leaders (here),
and a coalition of civil rights groups (here)
who are trying to stop a proliferation of corporate-funded harassment lawsuits.
First Amendment litigator and
scholar Martin Garbus, who represents Donziger in the bar proceeding, criticized
the attorney grievance office that oversees attorney licensing in New York.
“This awful injustice, a
dagger in the heart of the Ecuadorian people, is unconstitutional and must be
reversed,” he said. “The Ecuadorian people are entitled to the lawyer of their
choice, Steven Donziger, who is one of the country’s finest, most decent and
most honorable lawyers. Steven’s representation is essential to the Ecuadorian
quest for justice and he must be permitted to continue.”
Donziger is also represented
by Harvard Law Professor Charles Nesson and Kathleen Mahoney, who teaches at
the University of Calgary Law School and is a prominent human rights advocate
in Canada who played a leading role in helping to settle the landmark
residential schools case in that country. Mahoney has visited Ecuador and met
with Chevron’s victims.
“I am representing Steven
Donziger because Judge Kaplan’s finding that he is guilty of judicial bribery
is a manufactured lie that not even Kaplan stands behind,” said Nesson, who
taught Donziger when he was a student at Harvard in 1989. “This is not any sort
of basis to take disciplinary action to suspend a lawyer, especially without a
hearing where he is not allowed to challenge the finding. This is patently
unconstitutional.”
Donziger also has won the
support of the London-based human rights group Global Witness. Last year,
Global Witness released
a statement criticizing the New York bar grievance staff lawyers for
violating Donziger’s due process rights. A separate letter the group sent to
the grievance office seeking an explanation was ignored.
“It is shocking to note the
similarities between this case, and cases we have observed in a myriad of
Banana Republics around the world, where official harassment of anyone who
threatens the powerful is the norm,” the group wrote.
The court-appointed referee
in Donziger’s disciplinary case, John Horan, had ruled last November that
Donziger could challenge Kaplan’s findings and set December 4 for a hearing.
“It is an open question whether [Donziger] did receive a full and fair hearing
before Judge Kaplan,” Horan found. (The full decision is here.)
The Horan ruling prompted
Goldstein and Dopico to rush back to a New York state appellate court to
overturn his decision, essentially shutting down Donziger’s ability to present
evidence challenging the Kaplan findings that were used as the basis for his
temporary suspension four years after they issued.
Chevron has a long history of
trying to bully and silence its adversaries in the case. Two weeks ago, more
than 20 civil rights groups gave Chevron the “Corporate Bully of the Year”
award for its SLAPP-style harassment attacks on Donziger and his Ecuadorian
clients. (See here.)
In 2015, Chevron won the lifetime Public Eye Award in Davos for being the worst
corporation for its refusal to clean up the billions of gallons of toxic waste
it dumped in Ecuador, decimating Indigenous groups and causing
an outbreak of cancer that puts thousands of people at risk.
After the Ecuador judgment
against Chevron issued in 2011, a Chevron official threatened the Ecuadorian
villagers with a “lifetime of litigation” if they persisted. Another official
admitted that the company’s defense strategy was to “demonize” Donziger. Chevron
lawyers – including Andrea Neuman of the Gibson Dunn firm -- have openly
lobbied for Donziger’s disbarment.
Donziger has written a
criminal referral
letter to the U.S. Department of Justice outlining fraud and misconduct
committed by the company and its lawyers.
For more details of the New
York bar grievance committee’s handling of the Donziger case, see here.
For background on Chevron’s and Judge Kaplan’s attacks on Donziger and his
Ecuadorian clients, see this
article by Greenpeace co-founder Rex Weyler.
CONTACT:
Karen Hinton (703-798-3109)