Oct 11 2010
Animal Enterprise Terrorism at 2100 L Street?
Last week we updated you on the case of Denisa Malott, an Arkansas horse owner and trail-ride operator whom HSUS raided last November. We found it particularly ironic that the “Humane Society” of the United States took 25 horses from Malott and left them without adequate food and water. And this was after an HSUS’s press release said the animals would be immediately taken to a proper care facility.
Meanwhile, Malott—who apparently ticked off the wrong animal rights activist and wound up facing 25 felony animal cruelty charges—got a court order allowing her to care for her own animals so they wouldn't starve.
Now Malott has raised the stakes by asking the FBI to investigate the Humane Society of the United States under the federal Animal Enterprise Terrorism Act (AETA). Unlike HSUS, we don’t have the benefit of a medium-sized law firm on our payroll. But to our eyes, it looks like her September 28 letter lays out a reasonable case.
If you’re not familiar with the “AETA,” the U.S. Congress passed the law in 2006 in response to increasing criminal behavior by the violent wing of the animal rights movement against businesses that depend on animal products for their survival.
Remember HSUS campaign director Paul Shapiro’s early days? How about HSUS campaign director J.P Goodwin's youthful indiscretions? Yep. The law eventually caught up with the seamy underbelly of the animal liberation movement. And not a moment too soon.
Basically, the AETA says that intentionally tormenting or threatening the employees of a business, specifically because they work in an “animal enterprise” (whether it’s a zoo, a cancer research lab, the circus, a dairy farm, or—well, you get the picture), is a special category of crime. If your threats or acts of violence aimed at one of these businesses causes it to lose money, and you specifically meant to strike a blow for animal liberation, you’re on the hook for some serious jail time.
It’s helpful to think of the AETA as a “hate crimes” law with a different focus—protecting people in a particular range of occupations rather than those of a specific skin color, sex, or sexual orientation. And yes, behavior that’s protected by the First Amendment—including peaceful protest activity, no matter how obnoxious—is expressly exempt from prosecution under the AETA:
(e) Rules of Construction- Nothing in this section shall be construed--
(1) to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution;
(2) to create new remedies for interference with activities protected by the free speech or free exercise clauses of the First Amendment to the Constitution, regardless of the point of view expressed, or to limit any existing legal remedies for such interference; or
(3) to provide exclusive criminal penalties or civil remedies with respect to the conduct prohibited by this action, or to preempt State or local laws that may provide such penalties or remedies.'.
In her letter to the FBI, Denisa Malott notes that all 25 felony counts of animal cruelty against her were dropped in August. This seems to indicate that the search of her property and the seizure of her horses probably weren’t triggered by legitimate concerns that her animals were being mistreated. Malott writes that her “requests for a copy of the probable cause affidavit were never honored.” That sounds to us like the application for a search warrant was incomplete. And perhaps the warrant itself was invalid.
But is HSUS really on the hook for conspiring to commit Animal Enterprise Terrorism? Maybe.
Denisa Malott’s business does fit the AETA’s definition of an “animal enterprise.”
(1) the term `animal enterprise' means--
(A) a commercial or academic enterprise that uses or sells animals or animal products for profit, food or fiber production, agriculture, education, research, or testing;
(B) a zoo, aquarium, animal shelter, pet store, breeder, furrier, circus, or rodeo, or other lawful competitive animal event; or
(C) any fair or similar event intended to advance agricultural arts and sciences;
Congress was also quite clear that in order to trigger the AETA, you must intentionally damage or cause “the loss of any real or personal property (including animals or records) used by an animal enterprise.” Malott's business incurred financial losses when HSUS took her horses, which were a significant source of her income. She also incurred losses when some of the horses were nearly starved to death in HSUS’s care.
There are other scenarios in which someone can be charged with violating the AETA. Intentionally making someone fear for his or her safety is a big no-no. And the law spells out how this might happen: repeated threats, vandalism, property damage, criminal trespass, harassment, intimidation, or a conspiracy to do any of these things.
Let's see if the shoe fits:
- If Malott’s objections to HSUS’s search warrant hold up, the organization might be guilty of criminal trespass for entering her property without a legitimate cause.
- When HSUS removed her horses and (allegedly) failed to properly care for them, Malott suffered damage to her property.
- In her letter, Malott expresses her belief that someone (either at HSUS or the Humane Society of Missouri) lied to a Sheriff in order to get a green light for the search-and-seizure operation. That could be an element of a criminal conspiracy.
- HSUS’s subsequent press release probably made Malott feel like the victim of harassment or intimidation—at least as the law defines those terms.
Only Malott knows, of course, how she felt when her animals and her livelihood were torn away from her. Harassed? Intimidated? She uses the word "terrorized" in her letter to the FBI:
In the truest sense of the word, I have been “terrorized” by the vigilante-like actions of the representatives of the Humane Society of the United States and the Humane Society of Missouri, and if truth be known, one or more of them may very well have improperly misled the Sheriff into becoming an unwitting accomplice in the violation of the AETA as well as my Civil Rights.
If charges should actually be brought against individuals working for HSUS, more information about the events of last November 12 will certainly emerge. As a nonprofit corporation, HSUS could be charged criminally. And a criminal case could easily become the prelude to a monster of a lawsuit for defamation, Civil Rights violations, or who-knows-what-else.
There's an odd irony in thinking that the animal-rights Mother Ship could be in serious hot water for moving a few truckloads of horses a few miles down the road. We’ll all just have to wait and see.
If you are inclined to help Denisa Malott with her legal expenses, the Arkansas Horse Council is promoting a Legal Defense Fund for her benefit. Visit the AHC's website to learn more.
Related People
Comments
GREAT STORY!! Everyone should click through and read the actual court filing…...eye opening
and frightening, but even more enlightening as to what HSUS is really about: Lies, damn lies, and their own “sanitized by the media” brand of animal cruelty and abuse…..
WOW!!! I hope they sock it to the H$U$!!!!! Thank you Congress, for the Animal Enterprise Terrorism Act!!!!
Oh, could we possibly be so lucky? Here’s hoping the ‘mother ship’ suffers a catastrophic cascade failure. Those thieves have gotten away with literal murder for FAR too long.
I have been following this case and it certainly seems that she was terrorized, her horses “stolen” and “abandoned”, and her name and reputation smudged by HSUS. She had no recourse and had to legally fight to get food to her horses after she found them abandoned by HSUS with no care or food.
I am glad that Ms Malott is taking this to court.
This might be the nail for want of which the H$U$‘s shoe/horse/criminal enterprise/fake charity/etc. is lost.
Goodness, I hope so. What they did to Ms. Malott and her horses is just plain evil, in the very literal, Biblical sense of the term.
If you read the article about the raid, then the text of the AETA, it certainly looks like several violations there. A warrant is supposed to be served by officers within the county where issued, but this was served -or carried out- by non-officers, from not just out of county, but out of state.
HSUS have been known to do thing such as this and much more. However, it is not only the HSUS that does this. It happens as well with county animal controls, especially in small towns where the “good ole boy system” runs the town. People need to think about the animals before their personal hate or dislike for someone. It is the same for poor children that are being used or played by their divorced parents. The children feel lost and scared as does the animals. The children and the animal are alike in the fact they cannot tell us what they want or the real situation. Yes, children can speak. However, children are to afraid to do so because they don’t want to hurt either parent or they are afraid of being hurt themselves by a parent(s).
The HSUS steals money from the public in my eyes. They display these poor neglected animals on television and act as if you make a donation the money will go to the animals completely and entirely. They also make statements such as animals around you, etc (not quoted exact words). That leads people to believe that if they make a donation, the animals in their neighborhood will be helped. However, that is absolutely not the case. The small amount that they actually use to help animals is used mostly at their local shelters.
I contacted the HSUS many times because I was incapable of getting my county animal control to get up and do their jobs and act on many neglected horses and dogs that I contacted local county control about as well. Not only did my local animal control never even show up to look at the animals (I know I home 24/7 due to neurological disorder), the HSUS told me it was not their problem to call the local county animal control (this was after I explained I had already contacted the local control.)
The HSUS are not helping animals. They are lining pockets as a non-profit organization working with at least 120 million dollar budget (reported 2007). Where is the money. It paid their bills, their employees, and who knows what else. Have you saw any change that they have made at your local shelter? No, and you never will.
With that all being said, please know I am not saying that HSUS is not entirely bad. They have helped in many situations. I think that is wonderful. However, I don’t feel that they are doing as they should be and as they lead us to believe they are doing with all those donations they are getting.
If you want to help animals, make donations to your local animal shelter, your local rescues, your local human societies, or the local animal welfare group.
I’m on your side. We The Dog breeders of Missouri are in a battle with HSUS. You may have helped us with our fight.
I feel terrorized and they have done nothing, yet, but make laws that would have me become a criminal! Not a good feeling for sure!
I would love to see the cases filed put a stop to the stealing! One case filed in Pennsylvania on multiple constitutional premises and Terrorism!
I sure hope this gets front page in Missouri ..and everywhere else… and I hope she winds BIG
I hope she wins as well. This is such a horrible injustice to her and her animals as well. It is sad people are such cowards that they must go after defenseless animals who have no say or play in the matter what-so-ever. The person who started this should be jailed and anyone who knowingly went along with such a horrible action should be jailed as well. I have always felt if you hurt a defenseless animal, you can hurt anyone.That is exactly what they have done here. They hurt the animals more than they hurt the owner. Though I am sure she suffered horribly as would have. Stop acting like children, go to the source of you problem and handle in an adult like manner. I am not saying go “beat someone up” like an idiot. I am saying confront like a mature adult and if you cannot solve it that way. Solve legally, not illegally uses the legal system. GROW UP!!!!
I sure hope people read this and pay heed. HSUS is not the only organization participating in this behavior. While many Humane Societies publicly state they are not “HSUS” many of them prescribe to the same doctrine and rhetoric. Some Humane Societies even utilize HSUS Humane Officer training programs as their “choice” for training officers. (See Oregon Humane Society as an example.) Animal activists are beginning to fill legitimate roles with organizations (Animal Control Agencies) where they can attempt to push around their weight.
It is important for people to understand their rights ahead of time and know how to fight back. Be it a RICO lawsuit, Civil Rights violation case, or AETA. And when unfairly targeted, FIGHT BACK. The only way to draw attention to these egregious acts is to fight back, speak out and not give in.
I have no love for hsus, and this read put a smile on my face.
Okay, everyone - please donate to her legal fund, even a few dollars will help. She needs this more than sympathy or other support.
@Angie - No, the HSUS is not all bad, if what you want is the entire country (the rest of the globe to follow) converted to the vegan lifestyle.
But your point that small country shelters behave the same way is a good one. That’s absolutely true. I’m not sure why that is, but I believe it’s the end result of thirty odd years of all animal education being done by AR organizations, as well as shelters public and private, but especially private, using HSUS materials for management and policy decisions, and a legal community which appears to think that any accusation of some crimes should mean conviction regardless of the law, the Constitution, or any other consideration. Much of the legal community seems to feel that owning an animal is a *privilege*, not a right (property laws notwithstanding) and won’t even consider the possibility of such accusations being specious.
The fact is that the laws which have been passed by AR interests give prosecutors a lot more scope to gain convictions - which is of interest to prosecutors because often their win/lose ratio is important to their keeping their jobs. It’s also true that the media will trumpet any animal abuse accusations (why wait for convictions when you can try them in sound bytes live at six?) to heaven, regardless of the facts. The press no longer seems to bother checking facts; these days they publish and broadcast any press release they are sent, it seems. And people more and more perceive any animal they see which doesn’t look like it came out of a child’s picture book or is on it’s way to a show, to be ‘neglected’. That is, any animal which is not fat, glossy, and preferably singular. People believe that it is in some way immoral for people to breed animals and sell them. This is pure AR doctrine, and has nothing whatever to do with the health and safety of the animals, but since those individuals who are most knowledgeable about animals have been demonized, there is no one to defend the accused. You’d expect that perhaps a vet would stand up and be counted, but small animal vets tend to support the AR policies of animal management (It would be interesting to see who is funding small animal vet education), and those who are willing to defend someone who has been unjustly accused seem to be brushed aside.
So I suppose it depends on your perspective, whether or not HSUS is all bad. For animal lovers, and those who eat dairy, eggs and/or meat, enjoy pets and prefer to wear leather and wool, they are certainly all bad.
For vegans, on the other hand they’re doing a pretty good job.
@Lynn
Hi Lynn,
The HSUS have done more harm than good by far. However, I cannot overlook what they have done good. I mean they should be credited in their good. They should pay for their harmful acts as well (which far exceed their good).
I feel that there must be many wonderful people who believe in what HSUS claims to be and are working with or working for the HSUS. The HSUS have done good by some animals. They have also neglected many as well as even bring harm to other as the situation above.
I was merely stating that they have done some good, you know at least 1/2 of 1% of their money (or should I say honest animal lover’s money) has went to help animals. I am grateful for those animals.
However, I cannot stop to think of how many more animals could have been helped with that money they steal from people. They think they can control the world, and do what they want, when they want, how they want with no regards to the law and/or the animals or their owners, and they must be stopped.
Though I don’t consider myself to be my property as in a car or nothing. I look at them as though they are my children and if someone messes with my 2 or 4 legged kids, there is going to be some serious consequences.
Just like humans, animals are not identical in size or shape, even if the same breed. Some may be bony-skinny no matter how much they feed them. Some may be limping from a birth injury or deformity or little sister accidentally let him out when she looked outside and he got hit by a car.
Accidents can happen to the best of pet parents, no matter how hard we try to prevent it. My horse stuck a T-post in his side in the middle of the night. I was sick that morning, so I did not get up until almost 10 o clock (usually feeding them at the break of dawn). My horse was covered with blood from head to toe. Scared the heck out of me. I called 4 vets that all managed to be out of town or unavailable. I had to call a vet from 2 1/2 hours a way to come help me (New horse mommy, had no idea what I was to do.) My horse stood their for hours looking like that. Had someone from HSUS came by they would have likely not have believed me and tried to take my horses. My horses are the shiniest, most well fed, and get more attention than any horses I have seen in my area. I have received many compliments on how well they were cared for and how they have obviously been talked to a lot because they understand what I want from them without many words at all. HSUS would have stolen my animals and put them in a place where they would not receive a 10th of the care that they get here with me over something that I had no control of.
I AGREE THEY SHOULD BE SHUT DOWN AND MADE TO PAY EVERY PENNY BACK THAT THEY STOLE FROM PEOPLE AND FOR WHAT THEY DID TO HER AND OTHERS ALIKE.
Glad to see the ball is rolling against the H$U$, I will be taking the info to my local sheriff’s office to make the steps toward this as well. Long story short as a breeder in Missouri, I was (still am due to USDA rules change) on a license with another person (I’ve had my own through a business name for a while) Well this person went through a semi bad patch and some hell fire inspectors and racked up some bad inspections, how ever my kennel has always been in compliance, expect for a few minor items maybe 4-5 times in 15 years. To say the least I got put on Missouri Dirty Dozen, and my kennel no where reflects that, my inspections during the time it was licensed with that other facility that is 100 miles away and clearly defined as site 2 on all the inspections, where all good. I was further told by a very tough inspector i could get a blue ribbon kennel pretty easily. But when they came out with this report none of that was clarified, that I had a total compliant kennel. So for 3 days I received over 500 harassing phone calls, we are in the process of getting a subpoena to find out who it is. The HSUS has caused needless harassment of good people, just because you may have write ups don’t mean they are bad one, could be a dog chewed a hold in the fiberglass overnight (anyone with a bulldog knows that happens quickly) could be a few cob webs, could be anything that don’t really effect the dogs and then you are harassed. I think for the most part HSUS are terrorist and need shut down. After reading some laws, I determined that because the HSUS put out that Missouri dirty dozen and I was harassed repeatedly they were committing the crime with in the statues of the AETA. i know I am not the only one out there with these issues, we need to stand together and fight back
The HSUS has donated over $1,600,000 on Prop B to be voted on in just a few weeks will the false illusion that it wants to stop “puppy mill” abuse. We have a law already in place in MO and this is just there way to begin a vegan society. Next they will be after the caged chickens, then the cattle will need 1 acre per cow and the big farmers will have restrictive laws. Start buying your beans now for your source of protein. They have huge pockets of money to get their way.
@Angie - Well, I’d agree that if a multiple rape murderer helped a little old lady across the road that it was a nice thing to do for that old lady, but I’d certainly want to see him prosecuted to the fullest extent of the law and removed from society forever.
HSUS is not about doing anything good for animals; any good they’ve done is kind of incidental, if not outright accidental. HSUS is a vegan animal rights organization, and is not in any way friendly to animals. The vegan goal is to eliminate all animal products and animals from human lives. All ... food, clothing, companionship, exhibition, working animals. All.
@Upset - you got that exactly right.
Your point is well taken. I am in agreement with you. I was merely stating that they have done a good or two thing before. I love your metaphor for the situation as well. I feel in a sense that is exactly what they are doing.
Right. I’m always glad to be in agreement!
Some of these comments are so ridiculous, it’s funny!
I’m no fan of HSUS but to call them terrorists?
Please.
Guys, thank you so much for this.
The cattlenetwork link is dead, and so is the link to her letter, but the Mane Connection still shows it, for anyone who wants to read more.
I think it’s particularly important to keep this story alive because it so graphically illustrates HSUS callous attitude to animals. I hope you can maintain as much of it as you can.
Do you think that the ManeConnection would allow you to add the story to your archives?
In any case, thanks for revisiting it.
“I sure hope people read this and pay heed. HSUS is not the only organization participating in this behavior. While many Humane Societies publicly state they are not “HSUS” many of them prescribe to the same doctrine and rhetoric. Some Humane Societies even utilize HSUS Humane Officer training programs as their “choice” for training officers. (See Oregon Humane Society as an example.) Animal activists are beginning to fill legitimate roles with organizations (Animal Control Agencies) where they can attempt to push around their weight.
It is important for people to understand their rights ahead of time and know how to fight back. Be it a RICO lawsuit, Civil Rights violation case, or AETA. And when unfairly targeted, FIGHT BACK. The only way to draw attention to these egregious acts is to fight back, speak out and not give in.”
Posted by Fred on 10/12 at 03:39 PM
EXACTLY!!
I am also fighting an illegal seizure of my stock. Any ideas about setting up a legal defense fund? Thanks for all your support for those of us struggling with these abuses of power.
Nancy
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I’m quite certain that I, in Ms. Malott’s shoes, would feel *terrorized*.
Please let the people who have been terrorized by these zealots find ways to fight back. and let them succeed. Ms. Malott is far from alone, but it seems as though one victim isn’t enough to attract the attention of the authorities whose place is to protect us from this kind of predation.