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U.S. Out Now! From Iraq, Afghanistan, Pakistan and all U.S. bases around the world; End all U.S. Aid to Israel; Get the military out of our schools and our communities; Demand Equal Rights and Justice for ALL!
TAX THE RICH NOT THE POOR! MONEY FOR HUMAN NEEDS NOT WAR!
Bay Area United Against War Newsletter
Table of Contents:
A. EVENTS AND ACTIONS
B. SPECIAL APPEALS, VIDEOS AND ONGOING CAMPAIGNS
C. ARTICLES IN FULL
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A. EVENTS AND ACTIONS
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AROC} Board of Supervisors Hearing Monday 6/15 on Police
Action at Protests
To: AROC Announcements
When: Monday June 15th at 11am
Where: City Hall, Main Chambers (at the top of big stairs)
Who: Supervisors Campos, Mirkarimi, and Aliota-Pier... and you.
The below hearing is a space for public testimony to be witnessed by 3
members of the San Francisco Board of Supervisors. It will be a place
to receive information from the Police Commission on their protocol at
protests and first amendment activities, and for community members to
speak up about their experiences.
Please respond by email if you would like more information, or to
attend the preparation meeting happening this week. Or call
415-861-7444.
Hearing on Police Protocol at Demonstrations (Protests, marches, and rallies):
we have a right to demonstrate free from harm,
We have a right to have our voices heard!
Save the Date: Mon. June 15th at 11am
Have you witnessed or experienced:
Police brutality at protests?
Police use of racist language towards demonstrators?
Excessive use of force or bullying?
Video or camera monitoring of activists?
Unwarranted arrests?
Do you believe in our right as community members to protest free from
fear of repercussions?
Come testify at the SF Board of Supervisors Public Safety Committee on
what you’ve seen or experienced, and what you want to see changed.
When: Monday June 15th at 11am
Where: City Hall, Main Chambers (at the top of big stairs)
Who: Supervisors Campos, Mirkarimi, and Aliota-Pier... and you.
Why: 2009 has seen an escalation in police tactics at protests and
marches. Attacks on protesters are a deliberate way to repress our
freedom of expression and ability to change our communities through
direct action. As police and military forces continue their daily
assault on our communities here and abroad, we must defend our rights
as community members to organize in the streets free from harm—knowing
that if we don’t, this daily repression will only continue to
escalate.
For more information contact the Arab Resource and Organizing Center:
415-861-7444 or info[at]araborganizing.org
Arab Resource and Organizing Center ~ AROC
522 Valencia St
San Francisco, Ca 94110
415.861.7444 ~ www.adcsf.org ~ arabamericanlegal@gmail.com
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San Francisco, CA, June 15, 2009: Public Rally for the Cuban Five
Monday, June 15, 2009, 4:30 pm
New Federal Building
Seventh St., between Mission & Jessie Sts.
San Francisco
On Mon., June 15, the U.S. Supreme Court is expected to make a ruling on whether or nor to accept the Cuban Five’s appeal. This is a crucial time for the Five, who have been unjustly imprisoned in the United States for almost 11 years.
The National Committee to Free the Cuban Five is making an appeal to everyone to join the S.F. picketline on the day of the expected Supreme Court decision. Regardless of how the court rules, the struggle to free the Cuban anti-terrorist heroes will continue until they are free. Please join us on June 15, raise your voice for the Cuban Five’s freedom!
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Urgent News
Hearing on Death Penalty June 30, Sacramento
Please: SIGN-UP TO ATTEND!
http://salsa.democracyinaction.org/o/1265/t/5820/signUp.jsp?key=4279
On May 1st, the State of California announced that it is moving forward with developing execution procedures in order to comply with a recent legal ruling and resume executions, which have been on hold for more than three years.
The State will be holding a hearing on Tuesday, June 30th from 9am to 3pm in Sacramento to hear public comments about the proposed execution procedures.
Death Penalty Focus, along with our allies, will be organizing a critical Day of Action to End the Death Penalty on June 30th.
What You Can Do to Help:
1. Please plan to attend the hearing on June 30th in Sacramento. We will be organizing buses from the SF Bay Area (more details to be announced very soon).
Please: SIGN-UP TO ATTEND!
http://salsa.democracyinaction.org/o/1265/t/5820/signUp.jsp?key=4279
We need to pack the room with more than 300 hundred supporters. More than one hundred individuals will be needed to give public comment. If they cannot accommodate everyone who signs up to speak, it is possible they will have to schedule another hearing.
After the hearing, we will head to the Capitol to share ours views with elected officials.
2. Please plan to submit a written comment to California Department of Corrections and Rehabilitation (CDCR). In just a few days we will be sending out suggestions for your comments and instructions on how to submit your comments. The CDCR is required by law to review and respond to every written comment. We need to generate thousands of comments from across the state, country and globe. We need to flood them with paperwork.
Please help us make this Day of Action a success!
Legislative Successes
Colorado
Colorado came very close to ending the death penalty this month when their State Senate voted 17-18 in favor of replacing the death penalty with life without parole and redirecting funding to solve murders. The State House has already passed the bill by a vote of 33-32.
Connecticut
On May 13, the Connecticut House voted 90-56 in favor of ending the death penalty. The bill now moves on to the Senate.
Several abolition bills are still active in other states, including New Hampshire, Illinois, Washington, and also in the U.S. Senate.
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Greetings! We wanted to thank you again for your on-going support, and let you know about 2 upcoming events:
Reinstatement Hearing [Ward Churchill]
Wed. July 1, 9:00 am
Courtroom 6 (Judge Naves)
1435 Bannock St., Denver 80202
www.wardchurchill.net
CU is attempting to completely ignore the jury's verdict in this case, pretending that there was no finding that it violated the Constitution by firing Ward, and arguing that the judge should refuse to reinstate Ward and refuse pay him (or his lawyers).
Its excuse is that Ward is not "collegial" enough because he refused to accept the conclusions of the investigative committees. An odd argument from an entity which is refusing to accept the verdict in this case.
The hearing is scheduled for all day, with both sides presenting witnesses and arguments. If you're in the Denver area, please come and show your support. More details at www.wardchurchill.net.
"Shouting Fire" - HBO documentary on the state of free speech in America, featuring Ward's case, will air on Monday June 29 at 9:00 pm ET. Directed by Liz Garbus, and also featuring her father, famed First Amendment attorney Martin Garbus.
Review from its Sundance Film Festival premiere is available at:
http://festival.sundance.org/2009/film_events/films/shouting_fire_stories_from_the_edge_of_free_speech
HBO schedule at:
http://www.hbo.com/apps/schedule/ScheduleServlet?ACTION_DETAIL=DETAIL&FOCUS_ID=573085
In struggle and solidarity,
Natsu
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ATTEND THE JULY 10 NATIONAL ASSEMBLY CONFERENCE IN PITTSBURGH!
REGISTER FOR THE CONFERENCE and DOWNLOAD PRINTABLE BROCHURE (8.5 X 14) at:
https://natassembly.org/Home_Page.html
Dear Brothers and Sisters:
On behalf of the National Assembly to End the Iraq and Afghanistan Wars and Occupations, we are writing to invite you and members of your organization to attend a national antiwar conference to be held July 10-12, 2009 at La Roche College in Pittsburgh, Pennsylvania.
The purpose of this conference is to bring together antiwar and social justice activists from across the country to discuss and decide what we can do together to end the wars, occupations, bombing attacks, threats and interventions that are taking place in the Middle East and beyond, which the U.S. government is conducting and promoting.
We believe that such a conference will be welcomed by the peoples of Iraq, Afghanistan, Pakistan, Palestine and Iran, who are the victims of these policies. It will also be welcomed by victims of the depression-type conditions in this country, with tens of millions losing jobs, homes, health care coverage and pensions, while trillions of dollars are spent bailing out Wall Street and the banks, waging expansionist wars and occupations, and funding the Pentagon's insatiable appetite.
This will be the National Assembly's second conference. The first was held in Cleveland last June and it was attended by over 400 people, including top leaders of the antiwar movement and activists from many states. After discussion and debate, attendees voted - on the basis of one person, one vote - to urge the movement to join together for united spring actions. The National Assembly endorsed and helped build the March actions in Washington D.C., San Francisco and Los Angeles, and the April actions in New York City.
We are all aware of the developments since our last conference - the election of a new administration in the U.S., the ongoing occupation of Iraq, the escalation in Afghanistan and Pakistan, the horrific Israeli bombing of Gaza, and the extreme peril of an additional war in the Middle East, this time against Iran. Given all this, it is crystal clear that a strong, united, independent antiwar movement is needed now more than ever. We urge you to help build such a movement by attending the July conference and sharing your ideas and proposals with other attendees regarding where the antiwar movement goes from here.
For more information, please visit the National Assembly's website at natassembly.org, email us at natassembly@aol.com, or call 216-736-4704. We will be glad to send you upon request brochures announcing the July conference (a copy is attached) and you can also register for the conference online. [Please be aware that La Roche College is making available private rooms with baths at a very reasonable rate, but will only guarantee them if reserved by June 25.]
Yours for peace, justice and unity,
National Assembly Administrative Body
Zaineb Alani, Author of The Words of an Iraqi War Survivor & More; Colia Clark, Chair, Richard Wright Centennial Committee, Grandmothers for Mumia Abu-Jamal; Greg Coleridge, Coordinator, Northeast Ohio Anti-War Coalition (NOAC) and Economic Justice and Empowerment Program Director, Northeast Ohio American Friends Service Committee (AFSC); Alan Dale, Iraq Peace Action Coalition (MN); Donna Dewitt, President, South Carolina AFL-CIO; Mike Ferner, President, Veterans for Peace; Jerry Gordon, Former National Co-Coordinator of the Vietnam-Era National Peace Action Coalition (NPAC) and Member, U.S. Labor Against the War Steering Committee; Jonathan Hutto, Navy Petty Officer, Author of Anti-War Soldier; Co-Founder of Appeal for Redress; Marilyn Levin, Coordinating Committee, Greater Boston United for Justice with Peace, Middle East Crisis Coalition; Jeff Mackler, Founder, San Francisco Mobilization for Peace, Jobs and Justice; Fred Mason, President, Maryland State and District of Columbia AFL-CIO and Co-Convenor, U.S. Labor Against the War; Mary Nichols-Rhodes, Progressive Democrats of America/Ohio Branch; Lynne Stewart, Lynne Stewart Organization/Long Time Attorney and Defender of Constitutional Rights [Bay Area United Against War also was represented at the founding conference and will be there again this year. Carole Seligman and I initiated the motion to include adding opposition to the War in Afghanistan to the demands and title of the National Assembly.
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NATIONAL MARCH FOR EQUALITY
WASHINGTON, D.C. OCTOBER 10-11, 2009
Sign up here and spread the word:
http://www.nationalequalitymarch.com/
On October 10-11, 2009, we will gather in Washington DC from all across
America to let our elected leaders know that *now is the time for full equal
rights for LGBT people.* We will gather. We will march. And we will leave
energized and empowered to do the work that needs to be done in every
community across the nation.
This site will be updated as more information is available. We will organize
grassroots, from the bottom-up, and details will be shared on this website.
Our single demand:
Equal protection in all matters governed by civil law in all 50 states.
Our philosophy:
As members of every race, class, faith, and community, we see the struggle
for LGBT equality as part of a larger movement for peace and social justice.
Our strategy:
Decentralized organizing for this march in every one of the 435
Congressional districts will build a network to continue organizing beyond
October.
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B. SPECIAL APPEALS, VIDEOS AND ONGOING CAMPAIGNS
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Mumia Abu-Jamal, death row, Pennsylvania Legal Update
Robert R. Bryan, lead counsel
June 6, 2009
Introduction
In recent months there have been significant legal developments concerning my client, Mumia Abu-Jamal, who has been on Pennsylvania's death row for nearly three decades. We are presently litigating on his behalf in both the United States Supreme Court and the trial court, the Court of Common Pleas, Philadelphia.
Mumia's life on the line in this monumental struggle. He is in the greatest danger since his arrest in 1981.
Like so many on death row, Mumia has been a victim of poverty, racial bigotry, fraud, inadequate legal representation, and an unfair trial. The trial judge was a racist who referred to my client as a "ni - - er" whom he was going to help the prosecution "fry." Prior case lawyers failed to investigate and present pivotal issues both at trial and in the post-conviction process, thereby limiting what could be considered by the Supreme Court and the U.S. Court of Appeals. Below is a brief summary of case developments.
U.S. Supreme Court, Washington
There have been two separate cases pending in the Supreme Court concerning Mumia. One involves strictly the death penalty, while the other concerns the prosecution's use of racism in jury selection.
Abu-Jamal v. Beard, U.S. Sup. Ct. No. 08-8483 This case related to the Philadelphia District Attorney's use of racism in selecting the jury that decided both the question of guilt and whether my client should die. The prosecutor used 66.67% of his available strikes to exclude African Americans from sitting on the jury. A judge in the lower federal court determined there was clear evidence that the prosecutor's strikes of black people was race-based and thus unconstitutional. The dissenting justice in a 2-1 decision in the U.S. Court of Appeals for the Third Circuit, found overwhelming evidence of racism by the prosecutor. (Abu-Jamal v. Horn, 520 F.3d 272 (3rd Cir. 2008).) He explained that the "core guarantee of equal protection, ensuring citizens that their State will not discriminate on account of race, would be meaningless were we to approve the exclusion of jurors on the basis of . . . race. . . . I respectfully dissent."
On April 6, 2009, the Supreme Court declined to hear our case. This came as a profound disappointment and shock, even though the court rejects 98-99% of cases presented for review. Mumia's case was exceptional, especially in view of the powerful dissenting decision from the U.S. Court of Appeals. Our strong constitutional position was bolstered by briefing from the NAACP's Legal Defense Fund, which I had invited into the case to address the racism issue. Tragically the court turned its back on it own case law which held that racism in jury selection offends the U.S. Constitution and mandates a new trial. Our extensive briefing had laid out the overwhelming evidence establishing the prosecutor's race-based behavior and the racially-charged atmosphere of the trial. On May 1, I submitted a Petition for Rehearing which has been rejected.
Beard v. Abu-Jamal, Sup. Ct. No. 08-652
We are still litigating in the Supreme Court in an entirely separate case in which the prosecution is seeking to overturn the victory achieved last year in the U.S. Court of Appeals for the Third Circuit. In that ruling the court ordered a new jury trial on the question of the death penalty. Both sides have gone back and forth in briefing in the Supreme Court. Due to developments in another case with a similar issue, it may be several months before Mumia's case is decided. If we win, then there will be a new jury trial. In the event of an adverse decision, the prosecution would push for a quick execution.
Court of Common Pleas, Philadelphia, Commonwealth v. Abu-Jamal, Nos. 1357-1359
On April 20, 2009, we filed a Petition for Habeas Corpus Relief in the trial court, the Pennsylvania Court of Common Pleas. At issue is the fact that Mumia was convicted on the basis of unreliable and incomplete expert ballistics testimony presented by the prosecution during the 1982 trial. We have also moved for discovery of all related evidence possessed by the prosecution.
Other Developments in Europe and the United States
In this country the support and activism of the National Lawyers Guild has been crucial on our work on behalf of Mumia. The cry for justice in the case of Mumia continues to be particularly strong in Europe. As an example, on May 17, 2009 a feature article datelined Paris appeared in the San Francisco Chronicle. The piece is reprinted at the end of this Legal Update and available online with photographs at: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/05/16/MN4517CARS.DTL. It describes the activism of committed French human-rights activists on behalf of Mumia which has drawn considerable attention in the U.S.
United States
Many people have heard about the support for Mumia by the National Lawyers Guild, headquartered in New York with chapters across the country, but know little of the details. Since its founding in 1937 the NLG has provided legal support to a wide range of legal and social movements, starting with drafting New Deal legislation and aiding in the formation of the Congress of Industrial Organizations (CIO) and the United Auto Workers (UAW). It has actively supported labor rights and played a central role in defending individuals targeted by the House Un-American Activities Committee. NLG lawyers, legal workers and law students participated in the Civil Rights movement and opened "people's law offices" in the South. In the 1990s and into the new millennium the organization's scope widened to include protecting individual rights against the increasing dominance of corporations, legal defense at mass demonstrations, and training lawyers about developments in the law such as newly developing anti-terrorism legislation.
The NLG aggressively opposes the death penalty, and many of its attorneys specialize in capital defense work. That included the legal effort to save Julius and Ethel Rosenberg who were executed June 19,1953 in New York. Each year the NLG features a "Student Day Against the Death Penalty," and actively assists 100 student chapters in hosting public education events to raise awareness of the multitude of problems with the death penalty and to work toward its abolition. Law professor members and students have hosted hundreds of events featuring leading capital defense attorneys and former death-row inmates, and the NLG provides an organizing kit to students to help facilitate events against capital punishment.
Mumia's case has been a national priority of the NLG for over two decades. For many years he has served on the Board of Directors as Jailhouse Lawyer Vice President. At the annual conventions numerous resolutions have been passed seeking a new and fair trial and over the years the NLG has co-sponsored events around the country related to his case. Three years ago I invited the Guild to file an amicus curiae (friend of the court) brief on his behalf. Thereafter a brief was submitted on the issue of the death penalty and other issues by Heidi Boghosian, NLG Executive Director, a member professor from George Washington University, Washington, D.C. and others in the U.S. Court of Appeals for the Third Circuit. Further, Ms Boghosian, an outstanding lawyer, has been active is assisting me in the representation of Mumia for many years, and has joined me in a number of client meetings. Mumia has enormous respect and trust for her and the NLG.
Germany
In Berlin on March 27, the prestigious Akademie der Künst (Academy of Arts), located two doors from the U.S. Embassy at the Brandenburg Gate, hosted an outstanding panel discussion on Mumia as a journalist, author, and political prisoner. It originated from the efforts of the writer Sabine Kebir, PEN, and Nicole Bryan. The audience filled the auditorium. Participating in the human-rights event, was: Madame Danielle Mitterrand, former First Lady of France; Klaus Staeck, President of the Akademie; Johano Strasser, President of PEN Germany; Günter Wallraff, a well known author; Gerhart Rudolf Baum, former Minister of the Interior, the Bundestag (parliament), and United Nations representative; and me.
A video of the entire event is available on the Internet, at:
http://www.adk.de/de/aktuell/forum_dokumentationen/forum_27.Akadgespr.html
The commitment of supporters in Germany is a model of activism, especially those in Berlin, Hamburg and Bremen.
France
The movement for Mumia in France is excellent. It is led by the Collectif "Ensemble Sauvons Mumia Abu-Jamal" (Together We Will Save Mumia Abu-Jamal), composed of approximately 80 organizations. In Prison My Whole Life, the outstanding film on Mumia, is being shown in theaters throughout the country and continues to draw acclaim at film festivals. In Paris on March 15, it was awarded the Grand Prix and the Planete Prix at the Film Festival of Human Rights (Le Festival International du Film des Droits de l'Homme). In my two speeches at the awards ceremony, I accepted the prizes not only on behalf of Mumia, but also "for all the men, women and children who are on death rows around the world." The movie was also featured at the Amnesty International, a past winner of the Nobel Peace Prize, is a sponsor of the film. Claude Guillaumaud-Pujol, author of Mumia Abu-Jamal: The Voice of the Voiceless, and I spoke after each presentation. The movie was also featured in the Lyon International Film Festival last October. Mumia is grateful to Jacky Hortaut and the many supporters in France who do so much in the cause of justice.
Netherlands On April 3 and 4, In Prison My Whole Life was shown at Amnesty International's Movies That Matter film festival in The Hague and Amsterdam. Nicole and I participated in both events. There was a panel discussion following each showing in which Arlette Stuip, who attended Goddard College with Mumia, Ms. Guillaumaud-Pujol, and I discussed the case and answered questions.
Donations for Mumia's Legal Defense in the U.S. Our legal effort is the front line of the battle for Mumia's freedom and life. His legal defense needs help. The costs are substantial for our litigation in the U.S. Supreme Court and at the state level. To help, please make your checks payable to the National Lawyers Guild Foundation (indicate "Mumia" on the bottom left). All donations are tax deductible under the Internal Revenue Code, section 501(c)(3), and should be mailed to:
Committee To Save Mumia Abu-Jamal
P.O. Box 2012
New York, NY 10159-2012
Conclusion It is outrageous and a violation of human rights that Mumia remains in prison and on death row. His life hangs in the balance. My career has been marked by successfully representing people facing death in murder cases. I will not rest until we win Mumia's case. Justice requires no less.
With best wishes,
Robert R. Bryan
Lead counsel for Mumia Abu-Jamal
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French Still Rally to Abu-Jamal's Cause
Mary Papenfuss, Chronicle Foreign Service
Sunday, May 17, 2009
San Francisco Chronicle
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/05/17/MN4517CARS.DTL
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IVAW Member Victor Agosto Refuses Deployment to Afghanistan
Sign our Petition in Support of Victor's Resistance Today:
http://org2.democracyinaction.org/o/5966/petition.jsp?petition_KEY=383
Support Victor by making a donation to his legal defense fund:
https://co.clickandpledge.com/sp/d1/default.aspx?wid=27370
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Short Video About Al-Awda's Work
The following link is to a short video which provides an overview of Al-Awda's work since the founding of our organization in 2000. This video was first shown on Saturday May 23, 2009 at the fundraising banquet of the 7th Annual Int'l Al-Awda Convention in Anaheim California. It was produced from footage collected over the past nine years.
Video: http://www.youtube.com/watch?v=kTiAkbB5uC0&eurl
Support Al-Awda, a Great Organization and Cause!
Al-Awda, The Palestine Right to Return Coalition, depends on your financial support to carry out its work.
To submit your tax-deductible donation to support our work, go to
http://www.al-awda.org/donate.html and follow the simple instructions.
Thank you for your generosity!
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KEVIN COOPER IS INNOCENT!
FLASHPOINTS Interview with Innocent San Quentin Death Row Inmate
Kevin Cooper -- Aired Monday, May 18,2009
http://www.flashpoints.net/#GOOGLE_SEARCH_ENGINE
To learn more about Kevin Cooper go to:
savekevincooper.org
LINKS
San Francisco Chronicle article on the recent ruling:
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/05/13/BAM517J8T3.DTL
Ninth Circuit Court of Appeals ruling and dissent:
http://www.ca9.uscourts.gov/datastore/opinions/2009/05/11/05-99004o.pdf
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Don't let them kill Troy Davis
The case of Troy Davis highlights the need for criminal justice reform in the United States.
Please help us fight for the rights -- and life -- of Troy Davis today by signing the petition below, asking Georgia Governor Sonny Perdue to act on behalf of justice and commute Troy Davis's death sentence to ensure that Georgia does not put to death a man who may well be innocent.
Mr. Davis has a strong claim to innocence, but he could be executed without a court ever holding a hearing on his claims. Because of this, I urge you to act in the interests of justice and support clemency for Troy Davis. An execution without a proper hearing on significant evidence of innocence would compromise the integrity of Georgia's justice system.
As you may know, Mr. Davis was convicted of the 1989 murder of police officer Mark MacPhail, a conviction based solely on witness testimony. Seven of the nine non-police witnesses have recanted or contradicted their trial testimony.
The courts, citing procedural rules and time limits, have so far refused to hold an evidentiary hearing to examine these witnesses. Executive clemency exists, and executive action - and your leadership - is required to preserve justice when the protections afforded by our appeals process fail to do so.
Thank you for your attention.
http://org2.democracyinaction.org/o/2446/t/4676/petition.jsp?petition_KEY=369
See also:
In the Absence of Proof
By BOB HERBERT
Op-Ed Columnist
May 23, 2009
http://www.nytimes.com/2009/05/23/opinion/23herbert.html?_r=1
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COURAGE TO RESIST!
Support the troops who refuse to fight!
http://www.couragetoresist.org/x/
Donate:
http://www.couragetoresist.org/x/content/view/21/57/
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PETITION IN SUPPORT OF PAROLE OF LEONARD PELTIER
http://www.ipetitions.com/petition/parole2008/
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C. ARTICLES IN FULL
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1) San Francisco to Toughen a Strict Recycling Law
By MALIA WOLLAN
June 11, 2009
http://www.nytimes.com/2009/06/11/us/11recycle.html?ref=us
2) Texas: 100-Year Sentence for Teenager
By THE ASSOCIATED PRESS
National Briefing | Southwest
June 11, 2009
http://www.nytimes.com/2009/06/11/us/11brfs-100YEARSENTE_BRF.html?ref=us
3) The Big Hate
By PAUL KRUGMAN
Op-Ed Columnist
June 12, 2009
http://www.nytimes.com/2009/06/12/opinion/12krugman.html
4) Protesters Gird for Long Fight Over Opening Peru’s Amazon
By SIMON ROMERO
June 12, 2009
http://www.nytimes.com/2009/06/12/world/americas/12peru.html?ref=world
5) Prison Term for a Seller of Medical Marijuana
By SOLOMON MOORE
June 12, 2009
http://www.nytimes.com/2009/06/12/us/12pot.html?ref=us
6) San Francisco at Crossroads Over Immigration
By JESSE McKINLEY
June 13, 2009
http://www.nytimes.com/2009/06/13/us/13sanctuary.html?hp
7) More Than 1 Billion Go Hungry, the World Food Program Says
By REUTERS
World Briefing | United Nations
June 13, 2009
http://www.nytimes.com/2009/06/13/world/13briefs-G8HUNGER.html?ref=world
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1) San Francisco to Toughen a Strict Recycling Law
By MALIA WOLLAN
June 11, 2009
http://www.nytimes.com/2009/06/11/us/11recycle.html?ref=us
BERKELEY, Calif. — San Francisco, which already boasts one of the most aggressive recycling programs in the country, has raised the ante, vowing to levy fines of up to $1,000 on those unwilling to separate their Kung Pao chicken leftovers from their newspapers.
The Board of Supervisors passed new recycling and mandatory composting rules on Tuesday in a 9-to-2 vote. The city already diverts 72 percent of the 2.1 million tons of waste its residents produce each year away from landfills and into recycling and composting programs. The new ordinance will help the city toward its goal of sending zero waste to landfills by 2020, said Jared Blumenfeld, director of the city’s Department of the Environment.
Under the new ordinance, residents will be issued three mandatory garbage bins: a black one for trash, a blue one for recyclables and a green one for compost.
Garbage collectors who spot orange peels or aluminum soda cans in a black trash bin will leave a note reminding the owner how to separate his trash properly. Anyone found repeatedly flouting recycling protocol will be issued fines of $100 for small businesses and single-family homes and up to $1,000 for large businesses and multiunit buildings. The city has put a moratorium on all fines until 2011 while residents learn the ropes.
Reaction to the new rules was as mixed as, well, recyclables.
“This takes Big Brother to an extreme I’m not comfortable with,” said Sean R. Elsbernd, one of two supervisors who voted against the ordinance. “I don’t want the government going through my garbage cans.”
Garbage cops snooping through the curbside refuse is not the intent of the ordinance, said Nathan Ballard, spokesman for Mayor Gavin Newsom.
“We are not going to throw you in the clink for putting your coffee grounds in the wrong bin,” Mr. Ballard said. “Fines will only be imposed in egregious cases.”
Mr. Newsom, who proposed the legislation last May and doggedly championed it, is expected to sign it into law within 30 days.
The city’s most notorious recycling laggards tend to be owners of apartment buildings, Mr. Blumenfeld said. “We’re mainly focusing this new law at multitenant buildings; only 25 percent of those building owners provide recycling for renters.”
But it is the mandatory composting that has city officials most excited.
“When the nation is looking at complex solutions for climate-change reduction,” Mr. Blumenfeld said, “we should not overlook the importance of simple things like increasing the recycling rate and composting.”
The city already composts 400 tons of food scraps a day, 90 percent of which goes to enriching the soil of vineyards in Napa and Sonoma Counties.
“People will embrace composting just like they embraced recycling,” said Mr. Ballard, who himself began composting kitchen scraps six months ago. “Here in San Francisco people are crazy about recycling. Composting is the next frontier.”
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2) Texas: 100-Year Sentence for Teenager
By THE ASSOCIATED PRESS
National Briefing | Southwest
June 11, 2009
http://www.nytimes.com/2009/06/11/us/11brfs-100YEARSENTE_BRF.html?ref=us
An 18-year-old who has profound mental disabilities was sentenced to 100 years in prison after pleading guilty to charges in a sexual abuse case involving his 6-year-old neighbor. The teenager, Aaron Hart, was arrested and charged after a neighbor found him fondling her stepson in September. He pleaded guilty to five counts, including aggravated sexual assault and indecency by contact, and a jury decided his punishment. Judge Eric Clifford in Lamar County said neither he nor jurors liked the idea of prison for Mr. Hart but felt there was no other option. “In the state of Texas, there isn’t a whole lot you can do with somebody like him,” Judge Clifford said. Mr. Hart has an IQ of 47 and was diagnosed as mentally disabled as a child. He cannot read or write and speaks unsteadily.
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3) The Big Hate
By PAUL KRUGMAN
Op-Ed Columnist
June 12, 2009
http://www.nytimes.com/2009/06/12/opinion/12krugman.html
Back in April, there was a huge fuss over an internal report by the Department of Homeland Security warning that current conditions resemble those in the early 1990s — a time marked by an upsurge of right-wing extremism that culminated in the Oklahoma City bombing.
Conservatives were outraged. The chairman of the Republican National Committee denounced the report as an attempt to “segment out conservatives in this country who have a different philosophy or view from this administration” and label them as terrorists.
But with the murder of Dr. George Tiller by an anti-abortion fanatic, closely followed by a shooting by a white supremacist at the United States Holocaust Memorial Museum, the analysis looks prescient.
There is, however, one important thing that the D.H.S. report didn’t say: Today, as in the early years of the Clinton administration but to an even greater extent, right-wing extremism is being systematically fed by the conservative media and political establishment.
Now, for the most part, the likes of Fox News and the R.N.C. haven’t directly incited violence, despite Bill O’Reilly’s declarations that “some” called Dr. Tiller “Tiller the Baby Killer,” that he had “blood on his hands,” and that he was a “guy operating a death mill.” But they have gone out of their way to provide a platform for conspiracy theories and apocalyptic rhetoric, just as they did the last time a Democrat held the White House.
And at this point, whatever dividing line there was between mainstream conservatism and the black-helicopter crowd seems to have been virtually erased.
Exhibit A for the mainstreaming of right-wing extremism is Fox News’s new star, Glenn Beck. Here we have a network where, like it or not, millions of Americans get their news — and it gives daily airtime to a commentator who, among other things, warned viewers that the Federal Emergency Management Agency might be building concentration camps as part of the Obama administration’s “totalitarian” agenda (although he eventually conceded that nothing of the kind was happening).
But let’s not neglect the print news media. In the Bush years, The Washington Times became an important media player because it was widely regarded as the Bush administration’s house organ. Earlier this week, the newspaper saw fit to run an opinion piece declaring that President Obama “not only identifies with Muslims, but actually may still be one himself,” and that in any case he has “aligned himself” with the radical Muslim Brotherhood.
And then there’s Rush Limbaugh. His rants today aren’t very different from his rants in 1993. But he occupies a different position in the scheme of things. Remember, during the Bush years Mr. Limbaugh became very much a political insider. Indeed, according to a recent Gallup survey, 10 percent of Republicans now consider him the “main person who speaks for the Republican Party today,” putting him in a three-way tie with Dick Cheney and Newt Gingrich. So when Mr. Limbaugh peddles conspiracy theories — suggesting, for example, that fears over swine flu were being hyped “to get people to respond to government orders” — that’s a case of the conservative media establishment joining hands with the lunatic fringe.
It’s not surprising, then, that politicians are doing the same thing. The R.N.C. says that “the Democratic Party is dedicated to restructuring American society along socialist ideals.” And when Jon Voight, the actor, told the audience at a Republican fund-raiser this week that the president is a “false prophet” and that “we and we alone are the right frame of mind to free this nation from this Obama oppression,” Mitch McConnell, the Senate minority leader, thanked him, saying that he “really enjoyed” the remarks.
Credit where credit is due. Some figures in the conservative media have refused to go along with the big hate — people like Fox’s Shepard Smith and Catherine Herridge, who debunked the attacks on that Homeland Security report two months ago. But this doesn’t change the broad picture, which is that supposedly respectable news organizations and political figures are giving aid and comfort to dangerous extremism.
What will the consequences be? Nobody knows, of course, although the analysts at Homeland Security fretted that things may turn out even worse than in the 1990s — that thanks, in part, to the election of an African-American president, “the threat posed by lone wolves and small terrorist cells is more pronounced than in past years.”
And that’s a threat to take seriously. Yes, the worst terrorist attack in our history was perpetrated by a foreign conspiracy. But the second worst, the Oklahoma City bombing, was perpetrated by an all-American lunatic. Politicians and media organizations wind up such people at their, and our, peril.
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4) Protesters Gird for Long Fight Over Opening Peru’s Amazon
By SIMON ROMERO
June 12, 2009
http://www.nytimes.com/2009/06/12/world/americas/12peru.html?ref=world
IQUITOS, Peru — Faced with a simmering crisis over dozens of deaths in the quelling of indigenous protests last week, Peru’s Congress this week suspended the decrees that had set off the protests over plans to open large parts of the Peruvian Amazon to investment. Senior officials said they hoped this would calm nerves and ease the way for oil drillers and loggers to pursue their projects.
But instead, indigenous groups are digging in for a protracted fight, revealing an increasingly well-organized movement that could be a tinderbox for President Alan García. The movement appears to be fueled by a deep popular resistance to the government’s policies, which focused on luring foreign investment, while parts of the Peruvian Amazon have been left behind.
The broadening influence of the indigenous movement was on display Thursday in a general strike that drew thousands of protesters here to the streets of Iquitos, the largest Peruvian city in the Amazon, and to cities and towns elsewhere in jungle areas. Protests over Mr. García’s handling of the violence in the northern Bagua Province last Friday also took place in highland regions like Puno, near the Bolivian border, and in Lima and Arequipa on the Pacific coast.
“The government made the situation worse with its condescending depiction of us as gangs of savages in the forest,” said Wagner Musoline Acho, 24, an Awajún Indian and an indigenous leader. “They think we can be tricked by a maneuver like suspending a couple of decrees for a few weeks and then reintroducing them, and they are wrong.”
The protesters’ immediate threat — to cut the supply of oil and natural gas to Lima, the capital — seems to have subsided, with protesters partly withdrawing from their occupation of oil installations in the jungle. But as anger festers, indigenous leaders here said they could easily try to shut down energy installations again to exert pressure on Mr. García.
Another wave of protests appears likely because indigenous groups are demanding that the decrees be repealed and not just suspended. The decrees would open large jungle areas to investment and allow companies to bypass indigenous groups to obtain permits for petroleum exploration, logging and building hydroelectric dams. A stopgap attempt to halt earlier indigenous protests in the Amazon last August failed to prevent them from being reinitiated more forcefully in April.
The authorities said that nine civilians were killed in the clashes that took place last Friday on a remote highway in Bagua. But witnesses and relatives of missing protesters contend that the authorities are covering up details of the episode, and that more Indians died. Twenty-four police officers were killed on the highway and at an oil installation.
Indigenous representatives say at least 25 civilians, and perhaps more, may have been killed, and some witnesses say that security forces dumped the bodies of protesters into a nearby river. At least three Indians who were wounded said they had been shot by police officers as they waited to talk with the authorities.
“The government is trying to clean the blood off its hands by hiding the truth,” said Andrés Huaynacari Etsam, 21, an Awajún student here who said that five of his relatives had been killed on June 5 and that three were missing.
Senior government officials repudiate such claims. “There is a game of political interests taking place in which some are trying to exaggerate the losses of life for their own gain,” said Foreign Minister José García Belaunde.
He said the ultimate aim of the protesters was to prevent Peru from carrying out a trade agreement with the United States, because one of the most contentious of the decrees that were suspended on Thursday would bring Peru’s rules for investment in jungle areas into line with the trade agreement.
“But,” Mr. García Belaunde insisted, “the agreement is not in danger.”
Still, the government’s initial response to the violence seems to have heightened resentment. A television commercial by the Interior Ministrycontained graphic images of the bodies of some police officers who were killed while being held hostage by protesters. The commercial said that the killings were proof of the “ferocity and savagery” of indigenous activists, but an uproar over that depiction forced the government to try to withdraw the commercial.
The authorities are struggling to understand a movement that is crystallizing in the Peruvian Amazon among more than 50 indigenous groups. They include about 300,000 people, accounting for only about 1 percent of Peru’s population, but they live in strategically important and resource-rich locations, which are scattered throughout jungle areas that account for nearly two-thirds of Peru’s territory.
So far, alliances have proved elusive between Indians in the Amazon and indigenous groups in highland areas, ruling out, for now, the kind of broad indigenous protest movements that helped oust governments in neighboring Ecuador and Bolivia earlier in the decade.
In contrast to some earlier efforts to organize indigenous groups, the leaders of this new movement are themselves indigenous, and not white or mestizo urban intellectuals. They are well organized and use a web of radio stations to exchange information across the jungle. After one prominent leader, Alberto Pizango, was granted asylum in Nicaragua this week, others quickly emerged to articulate demands.
“There has been nothing comparable in all my years here in terms of the growth of political consciousness among indigenous groups,” said the Rev. Joaquín García, 70, a priest from Spain who arrived in Iquitos 41 years ago and directs the Center of Theological Studies of the Amazon, which focuses on indigenous issues.
“At issue now,” he said, “is what they decide to do with the newfound bargaining power in their hands.”
Andrea Zarate contributed reporting from Lima, Peru.
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5) Prison Term for a Seller of Medical Marijuana
By SOLOMON MOORE
June 12, 2009
http://www.nytimes.com/2009/06/12/us/12pot.html?ref=us
LOS ANGELES — A federal judge on Thursday sentenced the owner of a marijuana dispensary to a year in prison, a sign that providers of medical marijuana still face the possibility of jail time despite the Obama administration’s promise not to prosecute them if they comply with state law.
In imposing his sentence on Charles C. Lynch, who ran a dispensary in the surfing hamlet of Morro, Judge George H. Wu said the changed federal policy did not directly affect his ruling. But the judge talked at length about what he said were Mr. Lynch’s many efforts to follow California’s laws on marijuana dispensaries and the difficulty the judge had finding a loophole to avoid sending him to prison.
“I find I cannot get around the one-year sentence,” Judge Wu said of federal sentencing laws.
The judge said he had reduced the sentence from a mandatory five years because Mr. Lynch had no criminal record or history of violence, and did not fit the strict definition of a “leader” of a criminal enterprise.
Mr. Lynch, 47, was convicted last summer on five federal counts in connection with the running of his dispensary and the selling of medical marijuana to customers under 21.
Legal experts said the case highlighted the conflict between state and federal laws on medical marijuana. Federal law prohibits the cultivation, sale and use of marijuana for medicinal purposes, but 13 states allow it. In prosecuting for medical marijuana, the Bush administration had considered only federal laws.
Advocates of medical marijuana said the Lynch case would have a chilling effect on activities and undermine state laws. At his trial, and again in seeking leniency in his sentence, Mr. Lynch argued that he had complied with California’s law, which allows certain uses of marijuana with a doctor’s prescription.
“He is caught between California’s voter-approved medical marijuana system and the Bush administration’s single-minded effort to smother it,” said Stephen Gutwillig of the Drug Policy Alliance, an organization that favors a change in drug policy. “That Attorney General Holder changed federal policy three months ago only makes this miscarriage of justice all the more disturbing. Charlie is like a forgotten prisoner of war, abandoned after a truce was declared.”
The United States attorney for the Central District of California, Thomas P. O’Brien, said Mr. Lynch had violated state laws because he was not his customers’ main caregiver and provided no medical services beyond the marijuana sale.
Matthew Miller, a Justice Department spokesman, said that as a general rule “we are not prioritizing federal resources to go after individuals or organizations unless there is a violation of both federal and state law.”
More than 100 marijuana dispensaries — most in California — have been raided since 1996, when California voters passed Proposition 215, which sanctioned medical marijuana. About half the raids resulted in prosecutions, and about a dozen owners received prison sentences.
There are now about 25 pending federal prosecutions of medical marijuana dispensaries, most in California, said Kris Hermes, a spokesman for Americans for Safe Access, a medical marijuana advocacy organization.
Among them is a case against Virgil Grant, whose dispensary was raided twice in 2007. He is scheduled to go on trial in the fall. But unlike Mr. Lynch, Mr. Grant has a criminal record and so faces at least 10 years in prison.
Most advocates of medical marijuana agreed that Mr. Lynch presented the best face for a movement that has tried to cast itself as mainstream — like yoga and herbal medicine — and distance itself from recreational drug use and advocates for legalization of marijuana.
Mr. Lynch’s defense lawyer, Reuven Cohen, said he planned to appeal the sentence.
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6) San Francisco at Crossroads Over Immigration
By JESSE McKINLEY
June 13, 2009
http://www.nytimes.com/2009/06/13/us/13sanctuary.html?hp
SAN FRANCISCO — In the debate over illegal immigration, San Francisco has proudly played the role of liberal enclave, a so-called sanctuary city where local officials have refused to cooperate with enforcement of federal immigration law and undocumented residents have mostly lived without fear of consequence.
But over the last year, buffeted by several high-profile crimes by illegal immigrants and revelations of mismanagement of the city’s sanctuary policy, San Francisco has become less like its self-image and more like many other cities in the United States: deeply conflicted over how to cope with the fallout of illegal immigration.
At the center of the turnaround is a new law enforcement policy focused on under-age offenders who are in this country illegally. Under the policy, minors brought to juvenile hall on felony charges are questioned about their immigration status. And if they are suspected of being here illegally, they are reported to the Immigration and Customs Enforcement agency for deportation, regardless of whether they are eventually convicted of a crime.
“We went from being one of the more progressive counties in the country to probably one of the least, and the most draconian,” said Abigail Trillin, the managing attorney with Legal Services for Children, a nonprofit legal group. “It’s been a total turnaround.”
Mayor Gavin Newsom, who ordered the new policy, disputes that characterization and ticks off a list of policies that remain immigrant friendly: the issuing of identification cards to residents regardless of legal status, the promotion of low-cost banking and the city’s longstanding opposition to immigration raids.
“I’m balancing safety and rights,” Mr. Newsom said. “And I’m taking the arrows.”
The policy was put in place last summer amid a series of embarrassing revelations about the city’s handling of illegal minors and even as reports arose of several serious crimes committed by illegal residents. The policy has led not only to dozens of juveniles in deportation proceedings, but also to criticism from the city’s public defender and members of its Board of Supervisors, which is threatening to relax it next month.
“I think the point of sanctuary is that you protect people and treat people the same unless they engage in some felony crime,” said David Campos, a county supervisor who came illegally to the United States from his native Guatemala when he was 14.
The new approach has pitted a growing coalition of immigrants rights groups against Mr. Newsom, who is running for governor in a state where immigrants, particularly Latinos, can be vital to being elected.
Mr. Newsom defends the policy as an effort to bring the city’s juvenile protocol in line with that for adult illegal immigrants, who have always been reported to federal authorities if they are accused of a felony.
But immigration advocates say the policy has too often swept up juveniles who are in this country illegally but who are innocent or held on minor charges, a list that includes young men like Roberto, 14, who has lived in the United States since he was 2.
Roberto, whose last name is being withheld at the request of his parents who are also in the country illegally, was handed over to immigration authorities last fall after he took a BB gun to school to show off to friends. He spent Christmas at a juvenile facility in Washington State and is now facing deportation to Mexico, where he was born.
The experience left Roberto shaken. “I was feeling really scared,” he said in an interview here.
Supporters of the new crackdown say that Roberto’s case is unrepresentative and that the majority of youths turned over to the immigration authorities have engaged in serious crimes, including those associated with the practice by Honduran drug gangs in San Francisco of using minors as dealers.
“A lot of them have histories; a lot of them are second, third chances,” Mr. Newsom said. “This is not as touchy feely as some people may want to make it.”
Mr. Newsom says he still supports the sanctuary ordinance, which grew out of worries in the 1980s about the deportation of Central Americans to war-torn regions. Made city law in 1989, the policy forbids city agencies to use resources to assist in the enforcement of federal immigration law or information gathering.
While proponents say such policies help the police by making immigrant communities — often suspicious of the authorities — more comfortable with reporting crimes, critics say San Francisco’s policy had been stretched to extremes, including the practice of occasionally flying some offenders back to their home countries rather than cooperating with immigration authorities.
Mr. Newsom says he discovered and stopped that practice in May 2008, and quickly ordered a review. Juvenile referrals began shortly thereafter and were formalized as policy in August.
In the interim, however, The San Francisco Chronicle reported that a group of teenage Honduran crack dealers who had been sent to a group home simply walked away from confinement.
A second event was more serious, when a father and two sons driving home from a picnic were killed in a case of mistaken identity in June 2008. The police later charged Edwin Ramos, an illegal immigrant from El Salvador and suspected gang member who had had run-ins with the San Francisco police as a juvenile but had not been turned over to the immigration authorities.
At the same time, San Francisco found itself under criminal investigation by the United States attorney for the Northern District of California, and city officials were eager to show that their city was not a lawless haven for illegal-immigrant criminals.
“If we start harboring criminals as a sanctuary city, this entire system is in peril,” Mr. Newsom said.
For their part, immigration advocates say they are not asking the city to shelter felonious youths from deportation. The problem, they say, is the point of contact: at arrest, rather than after any sort of legal adjudication.
“Even if you’re undocumented, you have the right to due process,” said Jeff Adachi, the city’s public defender.
The federal authorities, meanwhile, have been pleasantly surprised that the new policy has resulted in more than 100 referrals.
“We are now getting routine referrals,” said Virginia Kice, a spokeswoman for the immigration agency.
The most serious challenge to the policy is likely to come in July, when the Board of Supervisors is expected to take up a proposal that would apply the policy only to illegal juveniles found in court to have committed a felony. The measure’s sponsor, Mr. Campos, said he expected it to pass.
Such an ordinance would not help Roberto, who is still waiting to plead his case to an immigration judge. He said he had already learned a valuable lesson.
“I will never bring anything to school again,” he said.
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7) More Than 1 Billion Go Hungry, the World Food Program Says
By REUTERS
World Briefing | United Nations
June 13, 2009
http://www.nytimes.com/2009/06/13/world/13briefs-G8HUNGER.html?ref=world
High food prices have pushed another 105 million people into hunger in the first half of 2009, the leader of the United Nations World Food Program said on Friday in Rome. She said the total number of hungry people around the world was now more than one billion. At a meeting of the Group of 8’s development ministers, Josette Sheeran, the food program’s executive director, said the world faced a “human catastrophe.” “This year, we are clocking in, on average, four million new hungry people a week — urgently hungry,” Ms. Sheeran said. The agency needs $6.4 billion this year for food aid, she said, but donors’ contributions have fallen far behind that level. The agency had around $1.5 billion at the end of last week. Ms. Sheeran said it had had to cut food aid rations and shut down some operations in eastern Africa and North Korea because of the credit crunch.
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