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Bay Area United Against War Newsletter
Table of Contents:
A. EVENTS AND ACTIONS
B. VIDEOS
C. SPECIAL APPEALS AND ONGOING CAMPAIGNS
D. ARTICLES IN FULL
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A. EVENTS AND ACTIONS
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From: Local 2 UNITE HERE!
UPHOLD THE HOTEL BOYCOTTS!
Join Local 2's All-Day Picketlines!
HILTON SIEGE
O'Farrell and Mason Streets
August 25 & 26, 2010
Wednesday/Thursday
7am to 7pm
SAVE THE DATE
for another siege action!
September 2, 2010
7am to 7pm
Venue to be announced
We always have a Labor Day action, but this year we will join another national coordinated hotel workers' protest on Thursday, September 2. The venue for this 12-hour siege will be announced soon. Please save the date and commit to a two-hour picket shift.
*************
SUPPORT WORKERS! JOIN OUR BOYCOTT TEAM!
UNITE HERE! is leading the fight to for hotel workers - many of them women of color and immigrants - in hotels across San Francisco and North America. UNITE HERE! represents more than 250,000 workers throughout the U.S. and Canada who work in the hospitality, gaming, food service, manufacturing, textile, laundry, and airport industries. We are at the forefront of the battle for workers rights, immigration reform and living wages.
In San Francisco, union contracts for thousands of hotel workers have expired. These workers are standing in solidarity to defend their standards against dozens ruthless hotel corporations. Additionally, non-union hotel workers are also engaged in an ongoing struggle at two hotels, the HEI Le Meridien and the Hyatt at Fisherman's Wharf.
Our ground-up model of organizing and our comprehensive corporate campaigns are largely worker and volunteer run. In this current economic crisis, it is more important than ever for committed local activists to get involved in the fight for workers rights.
We are seeking enthusiastic volunteer activists to help build the labor movement in San Francisco. Currently, the Local 2 Boycott Apprenticeship Program is offering non-paid internship opportunities.
DETAILS OF THE APPRENTICESHIP
Location: San Francisco
Education: No requirement
Additional Qualifications:
Passion for social justice, assertive personality and basic computer skills for research (Spreadsheets, Databases, Internet search tools).
Duties include:
30% - Coordinating and executing creative actions at strategic locations to help enforce worker called boycotts.
70% - Research and campaign related work.
Commitment:
4 - 10 Hours a week minimum, Ongoing program.
************
Let us learn together, and fight together. Join Local 2's awesome Boycott Team.
For volunteer opportunities, please contact:
Powell DeGange, pdegange@unitehere.org
415-864-8770 ext. 759
Sign the Hotel Boycott Pledge:
https://spreadsheets.google.com/viewform?formkey=dE9US3YwVmZyZFpLcVFUOFozWk4tZEE6MA
Click here for details and figures showing why these corporations have no excuse not to provide hotel workers affordable quality health care:
https://docs.google.com/fileview?id=0BzaUbolMBN98NTZmZGU3MGUtM2NjMy00ZjgxLWFjYzgtYTcyOTRmZTA1NDgy&hl=en
WATCH A VIDEO OF THE BOYCOTT CAMPAIGN:
http://www.youtube.com/watch?v=JVOzfbb08_0
For a current list of boycotted hotels, please check our website
www.unitehere2.org
Join our Facebook Groups:
"Boycott HEI Le Meridien and Hyatt Fisherman's Wharf"
"UNITE HERE Local 2"
Check our Websites:
www.unitehere2.org
www.unitehere.org
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There are signs plastered all over the New York City subway system warning that, "Assaulting MTA New York City Transit subway personnel is a felony punishable by up to seven years in prison." What will Johannes Mehserle, an Oakland BART subway cop get for the murder of Oscar Grant? HE COULD EVEN GET PAROLLE! OR AS LITTLE AS FOUR YEARS! WE WANT THE MAXIMUM FOR MEHSERLE!
Longshore workers call for labor/community rally for:
Justice for Oscar Grant! Jail Killer Cops!
The next labor/community organizing meeting will be:
7 PM, Tuesday August 31, 2010
Longshore Hall - Henry Schmidt room
400 North Point St @ Mason
near Fisherman's Wharf in San Francisco
Media/Publicity: Jack Heyman 510-531-4717, jackheyman@comcast.net
You are urged to attend!
A broad group of labor and community organizers met Tuesday, July 27 to help organize a mass demonstration demanding Justice for Oscar Grant! Jail Killer Cops! to take place Saturday, October 23 in Oakland. Committees were set up and organizing has begun involving people from the Bay Area and coordinated nation-wide. Bay Area United Against War Newsletter encourages everyone to become involved in organizing and building this very urgent event. We can't allow the police to have a license to murder the innocent and unarmed with a slap on the wrist. We demand the maximum for Johannes Mehserle!
Oscar Grant was murdered in cold blood!
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SAVE THE DATE: JUSTICE FOR OSCAR GRANT -- October 23, 2010
Media/Publicity: Jack Heyman 510-531-4717, jackheyman@comcast.net
ILWU Local 10 Motion on the Verdict in the Oscar Grant Case
Whereas, Oscar Grant's killer, BART police officer Johannes Mehserle received a verdict of involuntary manslaughter on July 8, 2010; and
Whereas, video tapes show clearly that Oscar Grant was lying face down on the Fruitvale BART platform, waiting to be handcuffed with another cop's boot on his neck posing no threat when he was shot in the back and killed in cold blood by Mehserle; and
Whereas, this is just another example in a racist justice system where police officers go free for killing young black men; and
Whereas, the Contra Costa Times reports that police are holding a rally in Walnut Creek on July 19, 2010 to show support for the killer cop so his sentence will only be a slap on the wrist; and
Whereas; the ILWU has always stood for social justice;
Therefore be it resolved that the labor movement organize a mass protest rally October 23, 2010 with participation from community groups, civil rights organizations, civil liberties organizations and all who stand for social justice demand jail for killer cops.
THAT LOCAL 10 DELEGATES TO THE BAY AREA LABOR COUNCILS ARE DIRECTED TO RAISE THE ABOVE MOTION AT THEIR NEXT MEETING
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Education 4 the People!
October 7 Day of Action in Defense of Public Education - California
http://defendcapubliceducation.wordpress.com/
MORE THAN 100 activists from across California gathered in Los Angeles April 24 to debate next steps for the fight against the devastating cutbacks facing public education.
The main achievements of the conference were to set a date and location for the next statewide mass action-October 7-and for the next anti-cuts conference, which will happen October 16 at San Francisco State University. The other key outcome was the first steps toward the formation of an ad hoc volunteer coordinating committee to plan for the fall conference.
These decisions were a crucial step toward deepening and broadening the movement. For example, the fall conference will be the key venue for uniting activists from all sectors of public education, and especially from those schools and campuses which saw action on March 4, but which have yet to plug into the broader movement.
This will be crucial for extending the scope and increasing the strength of our movement, as well as for helping us strategize and prepare for what is certain to be a tough year ahead. Similarly, the fall mass action will be crucial to re-igniting the movement following the summer months.
http://defendcapubliceducation.wordpress.com/
Organizing for the next Statewide Public Education Mobilization Conference at SFSU on OCT 16th
Posted on May 24, 2010 by ooofireballooo
Organizing for the next Statewide Public Education Mobilization Conference
@ San Francisco State University on October 16th
MORE THAN 100 activists from across California gathered in Los Angeles April 24 to debate next steps for the fight against the devastating cutbacks facing public education.
The main achievements of the conference were to set a date and location for the next statewide mass action-October 7-and for the next anti-cuts conference, which will happen October 16 at San Francisco State University. The other key outcome was the first steps toward the formation of an ad hoc volunteer coordinating committee to plan for the fall conference.
These decisions were a crucial step toward deepening and broadening the movement. For example, the fall conference will be the key venue for uniting activists from all sectors of public education, and especially from those schools and campuses which saw action on March 4, but which have yet to plug into the broader movement.
This will be crucial for extending the scope and increasing the strength of our movement, as well as for helping us strategize and prepare for what is certain to be a tough year ahead. Similarly, the fall mass action will be crucial to re-igniting the movement following the summer months.
Proposal: Form a conference organizing listserve immediately!
Please join the google group today.
* Group home page: http://groups.google.com/group/fallconferencesfsu
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NOVEMBER 2010 - CONVERGE ON FORT BENNING, GEORGIA
November 18-21, 2010: Close the SOA and take a stand for justice in the Americas.
www.soaw.org/take-action/november-vigil
The November Vigil to Close the School of the Americas at the gates of Fort Benning, Georgia will be held from November 18-21, 2010. The annual vigil is always held close to the anniversary of the 1989 murders of Celina Ramos, her mother Elba and six Jesuit priests at a the University of Central America in El Salvador.
ORGANIZE YOUR COMMUNITY FOR THE 2010 VIGIL!
November 2010 will mark the 20th anniversary of the vigil that brings together religious communities, students, teachers, veterans, community organizers, musicians, puppetistas and many others. New layers of activists are joining the movement to close the SOA in large numbers, including numerous youth and students from multinational, working-class communities. The movement is strong thanks to the committed work of thousands of organizers and volunteers around the country. They raise funds, spread the word through posters and flyers, organize buses and other transportation to Georgia, and carry out all the work that is needed to make the November vigil a success. Together, we are strong!
VIGIL AND RALLY AT THE GATES, NONVIOLENT DIRECT ACTION, TEACH-IN, CONCERTS, WORKSHOPS AND A ANTI-MILITARIZATION ORGANIZERS CONFERENCE
There will be exciting additions to this year's vigil program. Besides the rally at the gates of Fort Benning, Georgia with inspiring speakers and amazing musicians from across the Americas, the four day convergence will also include an educational teach-in at the Columbus Convention Center, several evening concerts, workshops and for the first time, the Latin America Solidarity Coalition will stage a one-day Anti-Militarization Organizers Conference on Thursday, November 18, 2010.
SHUT DOWN THE SOA AND RESIST U.S. MILITARIZATION IN THE AMERICAS
Our work has unfortunately not gotten any easier and U.S. militarization in Latin America is accelerating. The SOA graduate led military coup in Honduras, the continuing repression against the Honduran pro-democracy resistance and the expansion of U.S. military bases in Colombia and Panama are grim examples of the ongoing threats of a U.S. foreign policy that is relying on the military to exert control over the people and the resources in the Americas. Join the people who are struggling for justice in Honduras, Colombia and throughout the Americas as we organize to push back.
Spread the word - Tell a friend about the November Vigil:
http://www.SOAW.org/tellafriend
For more information, visit:
www.SOAW.org.
See you at the gates of Fort Benning in November 2010
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B. VIDEOS:
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BP Oil Spill Cleanup Worker Exposes the Realities of Beach Cleanup In Gulf of Mexico
August 11, 2010
http://www.youtube.com/watch?v=2IlMDBAGLFI
NEWS BREAKING Louisiana official willing to go to jail in fight against federal Government!!
August 12, 2010
http://www.youtube.com/watch?v=Cje9Y6HMRoo
The Coast Guard threatens to have Louisiana official arrested for fighting oil spill
August 13, 2010
http://www.youtube.com/watch?v=_Gpet4ZshnE
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Days After Tar Balls Hit New York Beach Massive Fish Kills Stretch From New Jersey to Massachusetts
http://blog.alexanderhiggins.com/2010/08/12/days-tar-balls-york-beach-massive-fish-kills-stretch-nj-massachusets/
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WikiLeaks' Collateral Murder: U.S. Soldier Ethan McCord's Eyewitness Story
http://www.youtube.com/watch?v=kelmEZe8whI&feature=player_embedded
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On The Move: Mumia Abu-Jamal's Message to the United National Peace Conference
http://www.youtube.com/watch?v=T9QAgr1wNZA&feature=player_embedded
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Videos: Hideous Conditions at Long Beach Harbor, MS
By Denise Rednour
August 7, 2010
http://deniselngbch.blogspot.com/2010/08/hideous-conditions-at-long-beach-harbor.html
August 7th, 2010 -- LONG BEACH MS - Very thick oil in and around the harbor at Long Beach, MS today. It's a very sad day indeed. The stench of dispersants and dead fish is in the air as well.
PLEASE, don't be fooled by mainstream media and politicians who are telling people it's over, it's safe to swim, and the seafood is harmless. All beaches in Mississippi remain open without cautions even. All waters are open to commercial and sport fishing of fin fish and shrimp. The only activity banned at the present is crab and oyster fishing.
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Video: George Carlin: "The American Dream"/"Workers Nightmare"
Because the Owners of This Country Own Everything - They Own You - They Don't Want Critical Thinking - They Want Obedient Workers
http://www.youtube.com/watch?v=acLW1vFO-2Q
http://www.facebook.com/video/video.php?v=159216125164&ref=mf
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Citizens of New Orleans Respond to the BP Oil Spill
http://www.youtube.com/watch?v=dCCX8kLm3Sc
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Economic Hitmen: John Perkins on Economic Imperialism
[He's wrong, though, about there being a benign form of capitalism. There's only one kind of capitalism -- this kind of capitalism -- and it's all bad...bw]
http://vodpod.com/watch/3772159-economic-hitmen-john-perkins-on-economic-imperialism
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Narrated - Oil Leaking From BP Gulf Oil Spill Sea Floor Strata
[After the cement fill...bw]
http://www.youtube.com/watch?v=s-VuOTmTbXQ&feature=player_embedded
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Lady Gaga Rallies Fans in Arizona: "If it wasn't for all you immigrants, this country wouldn't have s--t."
By Tanner Stransky
http://music-mix.ew.com/2010/08/02/lady-gaga-arizona-immigration-protest/
Lady Gaga is well known for stirring the pot while advocating for buzzy causes like gay rights, and now she's using her sizable cultural influence to stand up against SB 1070, the controversial Arizona immigration law. At her Monster Ball show in Phoenix on Saturday evening, the pop star encouraged her "little monsters" to not sit idle in regards to the law: "We have to be active. We have to actively protest," she told her audience. Since the news of SB 1070 came down, several heavyweights in the music biz have boycotted the state, but Gaga said she won't do the same.
"I will not cancel my show. I will hold you, and we will hold each other, and we will protest this state," Gaga told her audience. "I got a phone call from a couple really big rock-n-rollers, big pop stars, big rappers, and they said: 'We'd like you to boycott Arizona. We'd like you to boycott playing Arizona because of SB 1070.' And I said: 'You really think that us dumb f-ing pop stars are going to collapse the economy of Arizona?'" And that's when she urged fans to protest. "The nature of the Monster Ball is to actively protest prejudice and injustice and that bullshit that is put on our society!" See her whole impassioned speech here:
http://music-mix.ew.com/2010/08/02/lady-gaga-arizona-immigration-protest/
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Missing Gulf Coast Oil Appears To Be Welling Up Under Barrier Island Beaches (VIDEO)
http://www.huffingtonpost.com/2010/08/03/missing-gulf-coast-oil-ap_n_669243.html
Last week, BP managed to finally cap the Deepwater Horizon oil volcano and the media suddenly found itself in the grips of a baffling problem with object permanence. Where did all the oil go, they wondered. Had it disappeared? Was it eaten by microbes? Did it get Raptured up to Oil Heaven? It was a mystery, wrapped in a miracle! At least it was until Mother Jones reporter Mac McClelland took about a minute to send some text messages to colleagues in the field, inquiring after the oil's whereabouts. They answered back: Where is the oil? How does all over the place grab you?
Over at The Upshot, Brett Michael Dykes highlights this report from WVUE in New Orleans, which confirms that the oil did not, in fact, fortuitously disappear into thin air:
According to WVUE correspondent John Snell, local officials dispatched a dive team to a barrier island off of southeastern Louisiana's Plaquemines parish to scan the sea floor for oil. The team, however, could barely see the sea floor, due to the current murky state of the area waters. But when the divers returned to shore, they made a rather remarkable discovery: tiny holes that burrowing Hermit crabs had dug into the ground effectively became oil-drilling holes. When the divers placed pressure on the ground near the holes, oil came oozing up.
So, basically, questioning where the oil has gone is the exact same thing as looking at the shoes attached to the ends of your legs and wondering if your feet have disappeared.
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Video Shows Michigan Oil Spill
By ROBERT MACKEY
July 29, 2010, 1:57 pm
http://thelede.blogs.nytimes.com/2010/07/29/youtube-video-of-michigan-oil-spill/?ref=us
As my colleague Emma Graves Fitzsimmons reports from Michigan, the Environmental Protection Agency now estimates that more than one million gallons of oil may have spilled from a pipeline into the Kalamazoo River this week, which is far more than the pipeline's owner, Enbridge Energy Partners, initially estimated.
In a statement posted online, the E.P.A. explained that the government has taken charge of the clean-up effort and is working to keep the oil from reaching Lake Michigan.
On Monday, when a 30-inch pipeline burst in Marshall, Mich., releasing hundreds of thousands of gallons of crude oil into Talmadge Creek, a waterway that feeds the Kalamazoo River, local residents started posting video of the damage on YouTube. As the site's own CitizenTube blog noted, a user calling herself Picture Takin Diva posted these aerial images of the creek, with the comment, "It's not the Gulf, but it's pretty bad!"
Another user, Corrive 9, who uploaded the video at the top of this post on Tuesday, also conducted some interviews with people who live near the river. Looking at the oily water, this man said, "It smells like a mechanic's shop, for one thing, but it's just a shame because this river was just becoming cleaner and now this. We fish this, catch a lot of small-mouth bass out here, great big ones."
A third YouTube user, who goes by 420 Stardust Glitter, uploaded these silent images of the oil water with a note saying, "The oil is so thick it's starting to look gummy and the smell of the toxins are unbearable."
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BP Oil Spill Grand Isle Town Hall Meeting Part 3
http://videos.wittysparks.com/id/699180664
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Sometimes there are things so beautiful it takes your breath away and confirms the best and most basic good in the nature of humanity...bw
Stand By Me | Playing For Change | Song Around the World
http://www.youtube.com/watch?v=Us-TVg40ExM&feature=player_embedded
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Pete Seeger Live - New Protest Song About BP Oil Spill in Gulf Coast on Banjo w James Maddock Guitar
Published on Friday, July 30, 2010 by YouTube
http://www.commondreams.org/video/2010/07/30-2
On July 23th 2010 Pete Seeger performed live at a Gulf Coast Oil Spill fundraiser at The City Winery in New York City. There, he unveiled to the public his new protest song about the BP oil spill entitled "God's Counting on Me, God's Counting on You." Backing up Pete's singing and banjo picking is the singer/songwriter James Maddock on acoustic guitar. All proceeds of this concert went to the Gulf Restoration Project. The show was produced and hosted by Richard Barone. The video was edited and mixed by Matthew Billy.
Lyrics:
When we look and we can see things are not what they should be
God's counting on me, God's counting on you
When we look and see things that should not be
God's counting on me, God's counting on you
Hopin' we'll all pull through, Hoping we'll all pull through,
Hopin' we'll all pull through
Me and you.
It's time to turn things around, trickle up not trickle down
God's counting on me, God's counting on you
It's time to turn things around, trickle up not trickle down
God's counting on me, God's counting on you
Hopin' we'll all pull through, Hoping we'll all pull through,
Hopin' we'll all pull through
Me and you.
And when drill, baby, drill turns to spill, baby, spill
God's counting on me, God's counting on you
Yes when drill, baby, drill turns to spill, baby, spill
God's counting on me, God's counting on you
Hopin' we'll all pull through, Hoping we'll all pull through,
Hopin' we'll all pull through
Me and you.
Don't give up don't give in, workin' together we all can win
God's counting on me, God's counting on you
Don't give up don't give in, workin' together we all can win
God's counting on me, God's counting on you
Hopin' we'll all pull through, Hoping we'll all pull through,
Hopin' we'll all pull through
Me and you.
There's big problems to be solved, let's get everyone involved
God's counting on me, God's counting on you
There's big problems to be solved, let's get everyone involved
God's counting on me, God's counting on you
Hopin' we'll all pull through, Hoping we'll all pull through,
Hopin' we'll all pull through
Me and you.
When we sing with younger folks, we can never give up hope
God's counting on me, God's counting on you
When we sing with younger folks, we can never give up hope
God's counting on me, God's counting on you
Hopin' we'll all pull through, Hoping we'll all pull through,
Hopin' we'll all pull through
Me and you.
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Underwater Lakes Of Oil From BP Spill Will Continue To Cover Gulf Beaches With Toxic Layer Of Invisible Oil For Months
Posted by Alexander Higgins - July 28, 2010 at 10:59 pm - Permalink
http://blog.alexanderhiggins.com/2010/07/28/underwater-lakes-of-oil-from-bp-spill-will-continue-to-cover-gulf-beaches-with-toxic-layer-of-invisible-oil-for-months/
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Feds think public can't HANDLE THE TRUTH about toxic dispersants says EPA Sr. Analyst
July 28, 2010
http://www.youtube.com/watch?v=eN4MJFeEYuE&feature=player_embedded
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Breathing Toxic Oil Vapors??? video
http://www.rumormillnews.com/cgi-bin/forum.cgi?read=179134
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C. SPECIAL APPEALS AND ONGOING CAMPAIGNS
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Ohio may execute an innocent man unless you take action.
http://www.thepetitionsite.com/1/save-kevin-keith
Kevin Keith is scheduled to be executed on September 15th, despite a wide range of new evidence that suggests he is innocent. Kevin, who has been on Ohio's death row for 16 years, was convicted on the basis of faulty eyewitness identification.
Thirteen years after he was convicted, Kevin discovered that one of the State's supposed "witnesses" -- a hospital nurse who was critical to corroborating the legitimacy of the surviving victim's eyewitness identification -- does not actually exist. He has an alibi affirmed by four people and new evidence has emerged implicating another suspect.
No court has heard the full array of new evidence pointing to Kevin's innocence. Take action today to stop Ohio from executing a man who very well may be innocent.
Sincerely,
Stefanie Faucher
Associate Director
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Please sign the petition to release Bradley Manning
http://www.petitiononline.com/manning1/petition.html (Click to sign here)
To: US Department of Defense; US Department of Justice
We, the Undersigned, call for justice for US Army PFC Bradley Manning, incarcerated without charge (as of 18 June 2010) at Camp Arifjan, Kuwait.
Media accounts state that Mr. Manning was arrested in late May for leaking the video of US Apache helicopter pilots killing innocent people and seriously wounding two children in Baghdad, including those who arrived to help the wounded, as well as potentially other material. The video was released by WikiLeaks under the name "Collateral Murder".
If these allegations are untrue, we call upon the US Department of Defense to release Mr. Manning immediately.
If these allegations ARE true, we ALSO call upon the US Department of Defense to release Mr. Manning immediately.
Simultaneously, we express our support for Mr. Manning in any case, and our admiration for his courage if he is, in fact, the person who disclosed the video. Like in the cases of Daniel Ellsberg, W. Mark Felt, Frank Serpico and countless other whistleblowers before, government demands for secrecy must yield to public knowledge and justice when government crime and corruption are being kept hidden.
Justice for Bradley Manning!
Sincerely,
The Undersigned:
http://www.petitiononline.com/mod_perl/signed.cgi?manning1
--
Zaineb Alani
http://www.thewordsthatcomeout.blogspot.com
http://www.tigresssmiles.blogspot.com
"Yesterday I lost a country. / I was in a hurry, / and didn't notice when it fell from me / like a broken branch from a forgetful tree. / Please, if anyone passes by / and stumbles across it, / perhaps in a suitcase / open to the sky, / or engraved on a rock / like a gaping wound, / ... / If anyone stumbles across it, / return it to me please. / Please return it, sir. / Please return it, madam. / It is my country . . . / I was in a hurry / when I lost it yesterday." -Dunya Mikhail, Iraqi poet
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http://couragetoresist.org/donate
Dear Gio,
Thanks again for supporting military war resisters. We do this work because it is a tangible contribution to a future without empire and war. With your help, we've won a number of victories recently--you might have read about "Hip Hop" stop-loss soldier Marc Hall, or single mom, and Afghanistan deployment resister, Alexis Hutchinson in the news.
Now, intel analyst Bradley Manning is in the headlines and facing decades in prison for leaking a video of a massacre in Baghdad. If Pfc. Manning is the source of the video, then he did what he had to do to expose a war crime. Regardless, he's wrongly imprisoned and we are doing everything we can to support him. Keep an eye out for action alerts in the coming days on how to support Bradley!
If you have not yet had a chance to make a donation recently, I'm asking that you please consider doing so now so that together we can step up to support Bradley Manning and all GI war objectors!
http://couragetoresist.org/donate
Jeff Paterson,
Project Director, Courage to Resist
p.s. Our new August print newsletter is now available:
http://www.couragetoresist.org/aug10-newsltr.pdf
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Please forward widely...
Lynne Stewart Sentenced to Ten Years in Prison
By Jeff Mackler
(Jeff Mackler is the West Coast Director of the Lynne Stewart Defense Committee.)
The full force of the U.S. criminal "justice" system came down on innocent political prisoner, 30-year veteran human rights attorney and radical political activist Lynne Stewart today, July 15, 2010.
In an obviously pre-prepared one hour and twenty minute technical tour de force designed to give legitimacy to a reactionary ruling Federal District Court John Koeltl, who in 2005 sentenced Stewart to 28 months in prison following her frame-up trial and jury conviction on four counts of "conspiracy to aid and abet terrorism," re-sentenced Stewart to 120 months or ten years. Koeltl recommended that Stewart serve her sentence in Danbury, Connecticut's minimum security prison. A final decision will be made by the Bureau of Prisons.
Stewart will remain in Manhattan's Metropolitan Correctional Center for 60 days to prepare an appeal.
The jam-packed New York Federal District Court chamber observers where Koeltl held forth let our a gasp of pain and anguish as Lynne's family and friends were stunned - tears flowing down the stricken and somber faces of many. A magnificent Stewart, ever the political fighter and organizer was able to say to her supporters that she felt badly because she had "let them down," a reference to the massive outpouring of solidarity and defiance that was the prime characteristic of Lynne's long fight for freedom.
Judge Koeltl was ordered to revisit his relatively short sentence when it was overturned by a two-judge majority of the U.S. Court of Appeals for the Second Circuit. Judges Robert D. Sack and Guido Calabresi ruled that Koeltl's sentence was flawed because he had declined to determine whether Stewart committed perjury when she testified at her trial that she believed that she was effectively operating under a "bubble" protecting her from prosecution when she issued a press release on behalf of her also framed-up client, the blind Sheik Omar Abdel Rachman. Rachman was falsely charged with conspiracy to damage New York state buildings.
Dissenting Judge John M. Walker, who called Stewart's sentence, "breathtakingly low" in view of Stewart's "extraordinarily severe criminal conduct" deemed the Second Circuit's majority opinion "substantively unreasonable." Walker essentially sought to impose or demand a 30-year sentence.
The three-judge panel on Dec. 20, 2009 followed its initial ruling with even tougher language demanding that Koeltl revisit his treatment of the "terrorism enhancement" aspects of the law. A cowardly Koeltl, who didn't need this argument to dramatically increase Stewart's sentence, asserted that he had already taken it under consideration in his original deliberations.
Government prosecutors, who in 2005 sought a 30-year sentence, had submitted a 155-page memorandum arguing in support of a 15-30 year sentence. Their arguments demonstrated how twisted logic coupled with vindictive and lying government officials routinely turn the victim into the criminal.
Stewart's attorneys countered with a detailed brief recounting the facts of the case and demonstrating that Stewart's actions in defense of her client were well within the realm of past practice and accepted procedures. They argued that Koeltl properly exercised his discretion in determining that, while the terrorism enhancement provisions of the "law" had to be taken into consideration, the 30-year-prison term associated with it was "dramatically unreasonable," "overstated the seriousness" of Stewart's conduct" and had already been factored into Koeltl's decision.
Stewart's attorneys also argued convincingly in their brief that the Special Administrative Measure (SAM) that Stewart was convicted of violating by releasing a statement from her client to the media was well within the established practice of Stewart's experienced and mentoring co-counsels- former U.S. Attorney General Ramsey Clark and past American Arab Anti-Discrimination Committee president Abdeen Jabarra. Both had issued similar statements to the media with no government reprisal. Clark was an observer in Koeltl's courtroom. When he testified in support of Lynne during her trial one overzealous prosecutor suggested that he too be subject to the conspiracy charges. The more discreet team of government lawyers quietly dropped the matter.
At worst, in such matters, government officials refuse defense attorneys client visiting rights until an agreement on a contested interpretation of a SAM is reached. This was the case with Stewart and her visiting rights were eventually restored with no punishment or further action. Indeed, when the matter was brought to then Attorney General Janet Reno, the government declined to prosecute or otherwise take any action against Stewart.
But Koeltl, who had essentially accepted this view in his original sentence, reversed himself entirely and proceeded in his erudite-sounding new rendition of the law to repeatedly charge Stewart with multiple acts of perjury regarding her statements on the SAM during her trial.
Koeltl took the occasion to lecture Stewart regarding the first words she uttered in front of a bevy of media outlets when she joyfully alighted from the courthouse following the judge's original 28-month sentence. Said Stewart at that time, "I can do 28 months standing on my head." A few moments earlier Stewart, with nothing but a plastic bag containing a toothbrush, toothpaste and her various medications, had stood before Koeltl, who had been asked by the government to sentence her to a 30-year term, effectively a death sentence for Lynne, aged 70, a diabetic and recovering breast cancer victim in less than excellent health.
Koeltl dutifully followed the lead of the Second Circuit judges, who feigned outrage that Stewart could possibly appear joyful that her life was spared despite 28 months in prison. Koeltl insisted that Stewart's remark was essentially contemptuous of his sentence and insufficient to convince Stewart of the seriousness of her "crime." Lynne's defense was that while she fully understood that 28 months behind bars, separating from her "family, friends and comrades," as she proudly stated, was a harsh penalty, she was nevertheless "relieved" that she would not die in prison. Koeltl needed a legal brick to throw at Lynne's head and ignored her humanity, honesty and deep feeling of relief when she expressed it to a crowd of two thousand friends, supporters and a good portion of the nation's media.
The same Judge Koeltl who stated in 2005, when he rendered the 28-month jail term, that Lynne was "a credit to her profession and to the nation," clearly heard the voice of institutionalized hate and cruelty and responded in according with its unstated code. "Show no mercy! Thou shall not dissent without grave punishment" in capitalist America.
Lynne was convicted in the post-911 generated climate of political hysteria. Bush appointee, Attorney General John Ashcroft, decided to make an example of her aimed at warning future attorneys that the mere act of defending anyone whom the government charged with "conspiracy to aid and abet terrorism," could trigger terrible consequences.
On July 15 Judge Koeltl made the decision of his career. Known for his meticulous preparation in such matters, and already having enraged the powers that be with his "light" sentence of Stewart, he bent full tilt to the reactionary political pressures exerted on him by the court hierarchy. He had the option to stand tall and reaffirm his original decision. The "law" allowed him to do so. He could have permitted Lynne to leave prison in less than two years, recover her health, and lead a productive life. His massively extended sentence, unless overturned, will likely lead to Lynne's demise behind bars - a brilliant and dedicated fighter sacrificed on the alter of an intolerant class-biased system of repression and war.
Courage is a rare quality in the capitalist judiciary. For every defiant decision made, usually driven by a change in the political climate and pressed forward by the rise of mass social protest movements, there are thousands and more of political appointees that affirm the status quo, including its punishment of all who struggle to challenge capitalist prerogatives and power.
Lynne Stewart stands tall among the latter. We can only hope that the winds of change that are stirring the consciousness of millions today in the context of an American capitalism in economic and moral crisis keeps the movement for her freedom alive and well. The fight is not over! What we do now remains critical. Lynne's expected appeal to the U.S. Supreme Court cannot be written off as absurd and hopeless. What we do collectively to free her and all political prisoners and to fight for freedom and justice on every front counts for everything!
Write to Lynne at:
Lynne Stewart 53504-054
MCC-NY 2-S
150 Park Row
New York, NY 10007
For further information call Lynne's husband, Ralph Poynter, leader of the Lynne Stewart Defense Committee
718-789-0558 or 917-853-9759
Send contributions payable to:
Lynne Stewart Organization
1070 Dean Street
Brooklyn, New York, 11216
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Listen to Lynne Stewart event, that took place July 8, 2010 at Judson Memorial Church
Excerpts include: Mumia Abu Jamal, Ralph Poynter, Ramsey Clark, Juanita
Young, Fred Hampton Jr., Raging Grannies, Ralph Schoenman
http://www.takingaimradio.com/shows/audio.html
And check out this article (link) too!
http://www.baltimorechronicle.com/2010/062210Lendman.shtml
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HE WAS MURDERED!
HE WAS MURDERED!
HE WAS MURDERED!
HE WAS MURDERED!
RIP Oscar!
DEMAND JUSTICE FOR OSCAR GRANT
Victory for movement, but justice still needs to be won
Calling on all supporters of justice for Oscar Grant and opponents of racist police brutality:
The jury verdict is not justice for Oscar Grant - it is up to the new movement to use its power to win real justice. THIS IS THE TIME TO ACT.
DEMAND:
The maximum sentence for killer cop Johannes Mehserle.
Jail Officers Pirone and Domenici, the two police who were accomplices to murder.
Disarm and disband the BART Police.
Provide massive funding to Oakland for education and jobs for Oakland's black, Latina/o, Asian, and poor and working-class white youth.
Stop police/ICE racial profiling of Latina/o, black, Asian, and other minority youth with and without papers.
Furthermore, we call on Oakland Mayor Dellums and other governmental authorities in Oakland to declare that this verdict does not render justice to Oscar Grant and to act on the demands of the movement.
If you haven't already done so yet, join the JUSTICE FOR OSCAR GRANT ACTION PAGE on Facebook at: http://www.causes.com/causes/188135
BAMN STATEMENT:
Oscar Grant Verdict Is Victory for the Movement,
But Justice for Oscar Grant Still Needs to Be Won
Today's [THURSDAY, JULY 8, 2010] conviction of Johannes Mehserle is a victory for the movement. Despite all the foot-dragging and machinations of the police, the justice system, the government, and the politicians, the movement secured the first conviction of a California police officer for the killing of a black man. This victory is important and provides some greater protection for black and Latina/o youth. However, this verdict does NOT constitute justice for Oscar Grant.
Tens of millions of people around the world saw the videotape and know that Oscar Grant was murdered in cold blood by Johannes Mehserle. And yet, because of the failure of the prosecutor's office to fight the change in venue, and because of the pro-police bias of the judge, the jury was deprived of even being able to consider convicting Mehserle of first-degree murder. The Los Angeles county jury which heard that case did not include a single black juror.
BAMN salutes the new civil rights movement for this victory. However, achieving justice for Oscar Grant requires that the movement continue to build and grow in determination, drawing in millions more black, Latina/o and other youth.
BAMN also salutes Wanda Johnson, Oscar Grant's mother, for refusing to accept a civil settlement and for fighting to achieve justice for her son. We pledge to Wanda Johnson, Oscar's daughter Tatiana, her mother, and all family and friends that we will not rest until we achieve justice for Oscar.
We call on the movement to maintain the fight for justice for Oscar Grant by raising and fighting to win the following demands:
The maximum sentence for killer cop Johannes Mehserle.
Jail Officers Pirone and Domenici, the two police who were accomplices to murder.
Disarm and disband the BART Police.
Provide massive funding to Oakland for education and jobs for Oakland's black, Latina/o, Asian, and poor and working-class white youth.
Stop police/ICE racial profiling of Latina/o, black, Asian, and other minority youth with and without papers.
Furthermore, we call on Oakland Mayor Dellums and other governmental authorities in Oakland to declare that this verdict does not render justice to Oscar Grant and to act on the demands of the movement.
Coalition to Defend Affirmative Action, Integration, and Immigrant Rights and Fight for Equality By Any Means Necessary (BAMN)
(510) 502-9072 begin_of_the_skype_highlighting (510) 502-9072 end_of_the_skype_highlighting letters@bamn.com BAMN.com
--
Ronald Cruz
BAMN Organizer, www.BAMN.com
& Civil Rights Attorney
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SOME GOOD NEWS FOR TROY ANTHONY DAVIS - INNOCENT MAN ON DEATH ROW:
http://www.troyanthonydavis.org/call-to-action.html
Georgia: Witnesses in Murder Case Recant
By SHAILA DEWAN
June 23, 2010
http://www.nytimes.com/2010/06/24/us/24brfs-WITNESSESINM_BRF.html?ref=us
In an unusual hearing ordered by the Supreme Court that began in Savannah on Wednesday, several witnesses said they had concocted testimony that Troy Anthony Davis killed a police officer, Mark MacPhail, in 1989. Last August, the Supreme Court ordered a federal district court to determine if new evidence "clearly establishes" Mr. Davis's innocence, its first order in an "actual innocence" petition from a state prisoner in nearly 50 years, according to Justice Antonin Scalia, who dissented. Seven of the witnesses who testified against Mr. Davis at his trial have recanted, and some have implicated the chief informer in the case. Mr. Davis's execution has been stayed three times.
For more info: www.iamtroy.com | www.justicefortroy.org | troy@aiusa.org Savannah Branch NAACP: 912-233-4161
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Lynne Stewart and the Guantanamo Lawyers: Same Fact Patterns, Same Opponent, Different Endings?
Lynne Stewart will be re-sentenced sometime in July, in NYC.
By Ralph Poynter
(Ralph Poynter is the Life partner of Lynne Stewart. He is presently dedicated 24/7 to her defense, as well as other causes.)
Ralph.Poynter@yahoo.com
In the Spring of 2002, Lynne Stewart was arrested by the FBI, at her home in Brooklyn, for materially aiding terrorism by virtue of making a public press release to Reuters on behalf of her client, Sheik Abdel Omar Rahman of Egypt. This was done after she had signed a Special Administrative Measure issued by the Bureau of Prisons not permitting her to communicate with the media, on his behalf.
In 2006, a number of attorneys appointed and working pro bono for detainees at Guantanamo were discovered to be acting in a manner that disobeyed a Federal Judge's protective court order. The adversary in both cases was the United States Department of Justice. The results in each case were very different.
In March of 2010, a right wing group "Keep America Safe" led by Lynne Cheney, hoping to dilute Guantanamo representation and impugn the reputations and careers of the volunteer lawyers, launched a campaign. Initially they attacked the right of the detainees to be represented at all. This was met with a massive denouncement by Press, other media, Civil rights organizations ,and rightly so, as being a threat to the Constitution and particularly the Sixth Amendment right to counsel.
A second attack on the Gitmo lawyers was made in the Wall Street Journal of March 16. This has been totally ignored in the media and by civil and human rights groups. This latter revelation about the violations, by these lawyers, of the Judge's protective orders and was revealed via litigation and the Freedom of Information Act. These pro bono lawyers serving clients assigned to them at Gitmo used privileged attorney client mail to send banned materials. They carried in news report of US failures in Afghanistan and Iraq . One lawyer drew a map of the prison. Another delivered lists to his client of all the suspects held there. They placed on the internet a facsimile of the badges worn by the Guards. Some lawyers "provided news outlets with 'interviews' of their clients using questions provided in advance by the news organizations." When a partner at one of the large Wall Street law firms sent in multiple copies of an Amnesty International brochure, which her client was to distribute to other prisoners, she was relieved from her representation and barred by the Military Commander from visiting her client.
This case is significant to interpret not because of the right wing line to punish these lawyers and manipulate their corporate clients to stop patronizing such "wayward" firms. Instead it is significant because, Lynne Stewart, a left wing progressive lawyer who had dedicated her thirty year career to defending the poor, the despised, the political prisoner and those ensnared by reason of race, gender, ethnicity, religion , who was dealt with by the same Department of Justice, in such a draconian fashion, confirms our deepest suspicions that she was targeted for prosecution and punishment because of who she is and who she represented so ably and not because of any misdeed.
Let me be very clear, I am not saying that the Gitmo lawyers acted in any "criminal" manner. The great tradition of the defense bar is to be able to make crucial decisions for and with the client without interference by the adversary Government.
I believe that they were acting as zealous attorneys trying to establish rapport and trust with their clients. That said, the moment the Department of Defense and the Department of Justice tried to remove Julia Tarver Mason from her client, the playing field tilted. Ms Tarver Mason was not led out of her home in handcuffs to the full glare of publicity. There was no press conference. The Attorney General did not go on the David Letterman show to gloat about the latest strike in the War on Terror, the purge of the Gitmo lawyer...NO.
Instead an "armada" of corporate lawyers went to Court against the Government. They, in the terms of the litigation trade, papered the US District Courthouse in Washington D.C. They brought to bear the full force of their Money and Power-- derived from the corporate world--and in 2006 "settled" the case with the government, restoring their clients to Guantanamo without any punishment at all, not to say any Indictment. Lynne Stewart, without corporate connections and coming from a working class background, was tried and convicted for issuing, on behalf of her client, a public press release to Reuters. There was no injury, no harm, no attacks, no deaths.
Yet that same Department of Justice that dealt so favorably and capitulated to the Gitmo corporate lawyers, wants to sentence Lynne Stewart to thirty (30) YEARS in prison. It is the equivalent of asking for a death sentence since she is 70 years old.
This vast disparity in treatment between Lynne and the Gitmo lawyers reveals the deep contradictions of the system ---those who derive power from rich and potent corporations, those whose day to day work maintains and increases that power--are treated differently. Is it because the Corporate Power is intertwined with Government Power???
Lynne Stewart deserves Justice... equal justice under law. Her present sentence of 28 months incarceration (she is in Federal Prison) should at least be maintained, if not made equal to the punishment that was meted out to the Gitmo lawyers. The thirty year sentence, assiduously pursued by DOJ under both Bush and Obama, is an obscenity and an affront to fundamental fairness. They wanted to make her career and dedication to individual clients, a warning, to the defense bar that the Government can arrest any lawyer on any pretext. The sharp contrasts between the cases of Lynne and the Gitmo lawyers just confirm that she is getting a raw deal--one that should be protested actively, visibly and with the full force of our righteous resistance.
Write to Lynne:
Lynne Stewart 53504-054
MCC-NY
150 Park Row
New York, New York 10007
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Bernadette McAliskey Quote on Zionists:
"The root cause of conflict in the Middle East is the very nature of the state of Israel. It is a facist state. It is a international bully, which exists not to protect the rights of the Jewish people but to perpetuate a belief of Zionist supremacy. It debases the victims of the holocaust by its own strategy for extermination of Palestine and Palestinians and has become the image and likeness of its own worst enemy, the Third Reich.
"Anyone challenging their position, their crazed self-image is entitled, in the fascist construction of their thinking, to be wiped out. Every humanitarian becomes a terrorist? How long is the reality of the danger Israel poses to world peace going to be denied by the Western powers who created this monster?"
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POEM ON WHAT ISRAEL DOES NOT ALLOW INTO GAZA - FROM THE IRISH TIMES / CARDOMAN AS A BIOLOGICAL WARFARE WEAPON
[ The poem does not mention that the popular herb cardamom is banned from importation into Gaza. Israel probably fears that cardamom can be used as a biological weapon. Rockets with cardamom filled projectiles landing in Israel could cause Israeli soldiers 'guarding' the border to succumb to pangs of hunger, leave their posts to go get something eat, and leave Israel defenseless. - Howard Keylor]
Richard Tillinghast is an American poet who lives in Co Tipperary. He is the author of eight books of poetry, the latest of which is Selected Poems (Dedalus Press, 2010 ), as well as several works of non-fiction
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No tinned meat is allowed, no tomato paste,
no clothing, no shoes, no notebooks.
These will be stored in our warehouses at Kerem Shalom
until further notice.
Bananas, apples, and persimmons are allowed into Gaza,
peaches and dates, and now macaroni
(after the American Senator's visit).
These are vital for daily sustenance.
But no apricots, no plums, no grapes, no avocados, no jam.
These are luxuries and are not allowed.
Paper for textbooks is not allowed.
The terrorists could use it to print seditious material.
And why do you need textbooks
now that your schools are rubble?
No steel is allowed, no building supplies, no plastic pipe.
These the terrorists could use to launch rockets
against us.
Pumpkins and carrots you may have, but no delicacies,
no cherries, no pomegranates, no watermelon, no onions,
no chocolate.
We have a list of three dozen items that are allowed,
but we are not obliged to disclose its contents.
This is the decision arrived at
by Colonel Levi, Colonel Rosenzweig, and Colonel Segal.
Our motto:
'No prosperity, no development, no humanitarian crisis.'
You may fish in the Mediterranean,
but only as far as three km from shore.
Beyond that and we open fire.
It is a great pity the waters are polluted
twenty million gallons of raw sewage dumped into the sea every day
is the figure given.
Our rockets struck the sewage treatments plants,
and at this point spare parts to repair them are not allowed.
As long as Hamas threatens us,
no cement is allowed, no glass, no medical equipment.
We are watching you from our pilotless drones
as you cook your sparse meals over open fires
and bed down
in the ruins of houses destroyed by tank shells.
And if your children can't sleep,
missing the ones who were killed in our incursion,
or cry out in the night, or wet their beds
in your makeshift refugee tents,
or scream, feeling pain in their amputated limbs -
that's the price you pay for harbouring terrorists.
God gave us this land.
A land without a people for a people without a land.
--
Greta Berlin, Co-Founder
+357 99 18 72 75
witnessgaza.com
www.freegaza.org
http://www.flickr.com/photos/freegaza
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Mumia Abu-Jamal - Legal Update
June 9, 2010
Robert R. Bryan, Lead counsel for Mumia Abu-Jamal
Law Offices of Robert R. Bryan
2088 Union Street, Suite 4
San Francisco, California 94123-4117
www.MumiaLegalDefense.org
Dear All:
There are significant developments on various fronts in the coordinated legal campaign to save & free Mumia Abu-Jamal. The complex court proceedings are moving forward at a fast pace. Mumia's life is on the line.
Court Developments: We are engaged in pivotal litigation in the U.S. Court of Appeals for the Third Circuit, Philadelphia. At stake is whether Mumia will be executed or granted a new jury trial on the question of the death penalty. Two years ago we won on that issue, with the federal court finding that the trial judge misled the jury thereby rendering the proceedings constitutionally unfair. Then in January 2010 the U.S. Supreme Court vacated that ruling based upon its decision in another case, & ordered that the case be again reviewed by the Court of Appeals.
The prosecution continues its obsession to kill my client, regardless of the truth as to what happened at the time of the 1981 police shooting. Its opening brief was filed April 26. Our initial brief will be submitted on July 28. At issue is the death penalty.
In separate litigation, we are awaiting a decision in the Pennsylvania Supreme Court on prosecutorial abuses, having completed all briefing in April. The focus is on ballistics.
Petition for President Barack Obama: It is crucial for people to sign the petition for President Barack Obama, Mumia Abu-Jamal & the Global Abolition of the Death Penalty, which was initially in 10 languages (Swahili & Turkish have since been added). This is the only petition approved by Mumia & me, & is a vital part of the legal effort to save his life. Please sign the petition & circulate its link:
www.MumiaLegalDefense.org
Nearly 22,000 people from around the globe have signed. These include: Bishop Desmond Tutu, South Africa (Nobel Peace Prize); Günter Grass, Germany (Nobel Prize in Literature); Danielle Mitterrand, Paris (former First Lady of France); Fatima Bhutto, Pakistan (writer); Colin Firth (Academy Award Best-Actor nominee), Noam Chomsky, MIT (philosopher & author); Ed Asner (actor); Mike Farrell (actor); & Michael Radford (director of the Oscar winning film Il Postino); Robert Meeropol (son of Julius & Ethel Rosenberg, executed in 1953); Fatima Bhutto, Pakistan (writer); Noam Chomsky, MIT (philosopher & author); Ed Asner (actor); Mike Farrell (actor); Michael Radford (director of the Oscar winning film Il Postino); members of the European Parliament; members of the German Bundestag; European Association of Lawyers for Democracy & World Human Rights; Reporters Without Borders, Paris.
European Parliament; Rosa Luxemburg Conference; World Congress Against the Death Penalty; Geneva Human Rights Film Festival: We began the year with a major address to the annual Rosa Luxemburg Conference in Berlin, Germany, sponsored by the newspaper junge Welt. The large auditorium was filled with a standing-room audience. Mumia joined me by telephone. We announced the launching of the online petition, Mumia Abu-Jamal & the Global Abolition of the Death Penalty.
A large audience on the concluding night of the World Congress Against the Death Penalty in Geneva, Switzerland, February 25, heard Mumia by telephone. He spoke as a symbolic representative of the over 20,000 men, women & children on death rows around the world. The call came as a surprise, since we thought it had been canceled. Mumia's comments from inside his death-row cell brought to reality the horror of daily life in which death is a common denominator. During an earlier panel discussion I spoke of racism in capital cases around the globe with the case of Mumia as a prime example. A day before the Congress on February 23, I talked at the Geneva Human Rights Film Festival on the power of films in fighting the death penalty & saving Mumia.
On March 2 in the European Parliament, Brussels, Belgium, members Søren Søndergaard (Denmark) & Sabine Lösing (Germany) announced the beginning of a campaign to save Mumia & end executions. They were joined by Sabine Kebir, the noted German author & PEN member, Nicole Bryan, & me. We discussed the online petition which helps not only Mumia, but all the condemned around the globe.
Donations for Mumia's Legal Defense & Online Petition: The complex litigation & investigation that is being pursued on behalf of Mumia is enormously expensive. We are in both the federal & state courts on the issue of the death penalty, prosecutorial wrongdoing, etc. Mumia's life is on the line.
How to Help: For information on how to help, both through donations & signing the Obama petition, please go to Mumia's legal defense website: www.MumiaLegalDefense.org .
Conclusion: Mumia remains on death row under a death judgment. He is in greater danger than at any time since his arrest 28 years ago. The prosecution is pursuing his execution. I win cases, & will not let them kill my client. He must be free.
Yours very truly,
Robert
---------
Robert R. Bryan
Law Offices of Robert R. Bryan
2088 Union Street, Suite 4
San Francisco, California 94123-4117
Lead counsel for Mumia Abu-Jamal
www.MumiaLegalDefense.org
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Please sign the petition to stop the execution of Mumia Abu-Jamal and
and forward it to all your lists.
"Mumia Abu-Jamal and The Global Abolition of the Death Penalty"
http://www.petitiononline.com/Mumialaw/petition.html
(A Life In the Balance - The Case of Mumia Abu-Jamal, at 34, Amnesty Int'l, 2000; www. Amnesty.org/en/library/info/AMR51/001/2000.)
[Note: This petition is approved by Mumia Abu-Jamal and his lead attorney, Robert R. Bryan, San Francisco (E-mail: MumiaLegalDefense@gmail.com; Website: www.MumiaLegalDefense.org).]
Committee To Save Mumia Abu-Jamal
P.O. Box 2012
New York, NY 10159-2012
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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 501c)3), and should be mailed to:
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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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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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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D. ARTICLES IN FULL
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1) Fire and Imagination
By BOB HERBERT
August 13, 2010
http://www.nytimes.com/2010/08/14/opinion/14herbert.html?hp
2) Detroit Goes From Gloom to Economic Bright Spot
By BILL VLASIC
"The average production worker at G.M. earns $57 an hour in wages and benefits, compared to $51 at Toyota, according to a study by the Center for Automotive Research in Ann Arbor, Mich. Those costs should continue to fall as the companies hire new workers at lower pay grades agreed to by the U.A.W."
August 13, 2010
http://www.nytimes.com/2010/08/14/business/14auto.html?hp
3) WikiLeaks to Publish Remaining War Documents
By THE ASSOCIATED PRESS
August 14. 2010
Filed at 11:41 a.m. ET
http://www.nytimes.com/aponline/2010/08/14/world/asia/AP-Afghanistan-WikiLeaks.html?hp
4) Obama Signs Border Bill to Increase Surveillance
By JULIA PRESTON
August 13, 2010
http://www.nytimes.com/2010/08/14/us/politics/14immig.html?ref=world
5) Judges Divided Over Rising GPS Surveillance
By CHARLIE SAVAGE
August 13, 2010
http://www.nytimes.com/2010/08/14/us/14gps.html?ref=us
6) Relief Well to Be Completed in Gulf
By HENRY FOUNTAIN
August 13, 2010
http://www.nytimes.com/2010/08/14/us/14spill.html?ref=us
7) The oil's stain on science
From The Scientist:
By Linda Hooper-Bui
August 5, 2010
http://www.librarything.com/topic/96328
8) Officials deny dispersant use, residents beg to differ
By Matt Algarin
August 10, 2010 7:00 PM
http://www.thedestinlog.com/news/residents-14872-multiple-differ.html
9) Gulf Health Problems Blamed on Dispersed Oil
By Dahr Jamail
Inter Press Service
August 13, 2010
http://ipsnorthamerica.net/news.php?idnews=3235
10) Secret Assault on Terrorism Widens on Two Continents
"The attack offered a glimpse of the Obama administration's shadow war against Al Qaeda and its allies. In roughly a dozen countries - from the deserts of North Africa, to the mountains of Pakistan, to former Soviet republics crippled by ethnic and religious strife - the United States has significantly increased military and intelligence operations, pursuing the enemy using robotic drones and commando teams, paying contractors to spy and training local operatives to chase terrorists."
By SCOTT SHANE, MARK MAZZETTI and ROBERT F. WORTH
August 14, 2010
http://www.nytimes.com/2010/08/15/world/15shadowwar.html?hp
11) NATO Strike Cited in Afghan Civilian Deaths
By DEXTER FILKINS
August 14, 2010
http://www.nytimes.com/2010/08/15/world/asia/15afghan.html?ref=world
12) Scissors, Glue, Pencils? Check. Cleaning Spray?
By STEPHANIE CLIFFORD
August 15, 2010
http://www.nytimes.com/2010/08/15/business/economy/15supplies.html?adxnnl=1&ref=us&adxnnlx=1281902406-O+ajLVCH71SOVNUKdJFv7w
13) A Battle in Mining Country Pits Coal Against Wind
By TOM ZELLER Jr.
August 14, 2010
http://www.nytimes.com/2010/08/15/business/energy-environment/15coal.html?ref=business
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1) Fire and Imagination
By BOB HERBERT
August 13, 2010
http://www.nytimes.com/2010/08/14/opinion/14herbert.html?hp
The Obama administration seems to be feeling sorry for itself. Robert Gibbs, the president's press secretary, is perturbed that Mr. Obama is not getting more hosannas from liberals.
Spare me. The country is a mess. The economy is horrendous, and millions of American families are running out of ammunition in their fight against destitution. Steadily increasing numbers of middle-class families, who never thought they'd be seeking charity, have been showing up at food pantries.
The war in Afghanistan, with its dreadful human toll and debilitating drain on the nation's financial resources, is proceeding as poorly as ever. As The Times reported on Friday, an ambitious operation that was supposed to showcase the progress of the Afghan Army turned into a tragic, humiliating debacle.
And while schools are hemorrhaging resources because of budget meltdowns, and teachers are losing jobs, and libraries are finding it more and more difficult to remain open, American youngsters are falling further behind their peers in other developed countries in their graduation rates from colleges and universities.
This would be a good time for the Obama crowd to put aside its concern about the absence of giddiness among liberals and re-examine what it might do to improve what is fast becoming a depressing state of affairs.
It's not just liberals who are gloomy. A Wall Street Journal/NBC News poll this week found that nearly 6 in 10 Americans believe the country is on the wrong track and a majority disapproves of President Obama's handling of the economy. Nearly two-thirds expect the economy to get worse still.
Mr. Obama's problem - and the nation's - is that in the midst of the terrible economic turmoil that the country was in when he took office, he did not make full employment, meaning job creation in both the short and the long term, the nation's absolute highest priority.
Besides responding to the nation's greatest need, job creation would have been the one issue most likely to bolster Mr. Obama's efforts to bring people of different political persuasions together. In the early months of 2009, with job losses soaring past a half-million a month and the country desperate for bold, creative leadership, the president had an opportunity to rally the nation behind an enormous "rebuild America" effort.
Such an effort, properly conceived, would have put millions to work overhauling the nation's infrastructure, rebuilding our ports and transportation facilities to 21st-century standards, establishing a Manhattan Project-like quest for a brave new world of clean energy, and so on.
We were going to spend staggering amounts of money in any event. There was every reason to use those enormous amounts of public dollars to leverage private capital, as well, for investment in projects and research that the country desperately needs and that would provide enormous benefits for many decades. Think of the returns the nation reaped from its investments in the interstate highway system, the Land Grant colleges, rural electrification, the Erie and Panama canals, the transcontinental railroad, the technology that led to the Internet, the Apollo program, the G.I. bill.
The problem with the U.S. economy today, as it was during the Great Depression, is the absence of sufficient demand for goods and services. Consumers, struggling with sky-high unemployment and staggering debt loads, are tapped out. The economy cannot be made healthy again, and there is no chance of doing anything substantial about budget deficits, as long as so many millions of people are left with essentially no purchasing power. Jobs are the only real answer.
President Obama missed his opportunity early last year to rally the public behind a call for shared sacrifice and a great national mission to rebuild the United States in a way that would create employment for millions and establish a gleaming new industrial platform for the great advances of the 21st century.
It would have taken fire and imagination, but the public was poised to respond to bold leadership. If the Republicans had balked, and they would have, the president had the option of taking his case to the people, as Truman did in his great underdog campaign of 1948.
During the Depression, Franklin Roosevelt explained to the public the difference between wasteful spending and sound government investments. "You cannot borrow your way out of debt," he said, "but you can invest your way into a sounder future."
Now, with so much money already spent and Republicans expected to gain seats in the Congressional elections, the president finds himself with a much weaker hand, even if he were inclined to play it boldly.
What that will mean in the real world of ordinary Americans is that even if there is a fretful recovery from the Great Recession, millions will be left out of it. Hope has morphed into widespread gloom as widespread economic suffering becomes the new normal in America.
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2) Detroit Goes From Gloom to Economic Bright Spot
By BILL VLASIC
"The average production worker at G.M. earns $57 an hour in wages and benefits, compared to $51 at Toyota, according to a study by the Center for Automotive Research in Ann Arbor, Mich. Those costs should continue to fall as the companies hire new workers at lower pay grades agreed to by the U.A.W."
August 13, 2010
http://www.nytimes.com/2010/08/14/business/14auto.html?hp
DETROIT - After a dismal period of huge losses and deep cuts that culminated in the Obama administration's bailout of General Motors and Chrysler, the gloom over the American auto industry is starting to lift.
Jobs are growing. Factory workers are anticipating their first healthy profit-sharing checks in years. Sales are rebounding, with the Commerce Department reporting Friday that automobiles were a bright spot in July's mostly disappointing retail sales.
The nascent comeback is far from a finished product. Foreign competitors are leaner and stronger, accounting for more than half of all car sales in this country. The sputtering economic rebound is spooking investors and consumers alike, threatening to derail some of Detroit's gains. And talks next year on a new contract with the United Automobile Workers could revive old hostilities.
Still, the improving mood here reflects real changes in how Detroit is doing business - and a growing sense that the changes are turning the Big Three around, according to industry executives and analysts tracking the recovery.
Ford made more money in the first six months of this year than in the previous five years combined. G.M. is profitable and preparing for one of the biggest public stock offerings in American history. Even Chrysler, the automaker thought least likely to survive the recession, is hiring new workers.
Many of the excesses of the past - overproduction, bloated vehicle lineups, expensive rebates - are gone. All three carmakers have shed workers, plants and brands. And a new breed of top management - the three chief executives are outsiders to Detroit, as is the newly named G.M. chief executive - says it is determined to keep the Big Three lean, agile and focused on building better cars that earn a profit.
"What we've come out of this with," said Sergio Marchionne, who runs both Chrysler and its Italian owner Fiat, "are much more rational, more grounded players making moves for the long term."
The proof is emerging in dealer showrooms, where customers are buying more of Detroit's cars and paying higher prices. In July, G.M., Ford and Chrysler sold their vehicles at an average price of $30,400 - $1,350 more than a year ago and higher than an overall industry gain of $1,100, according to the auto research Web site Edmunds.com.
With fewer factories churning out products, inventories are smaller and sales incentives like rebates and low-interest financing are gradually declining. "They were nibbling at these issues before, a little bit here and a little bit there," said Jeremy Anwyl, Edmund's chief executive. "It's just different now that they are in fighting shape."
Detroit has vowed to change before, slimming down when sales slumped or pouring resources into vehicle quality to catch up to foreign competitors. Those efforts stalled or failed. But many auto analysts say the current makeover has a more permanent feel, largely because of the presence of the outsiders at the top and the lessons learned from the near-death experience of last year's bankruptcies at G.M. and Chrysler.
Ford's chief executive, Alan R. Mulally, broke the mold four years ago when he came from Boeing and set out to streamline Ford's bureaucracy and integrate its worldwide operations. At G.M., Edward E. Whitacre Jr., a former AT&T chief, has replaced dozens of top officials with outsiders and younger executives, and driven the company to make decisions faster. Those efforts are likely to be accelerated under Daniel F. Akerson, who was named on Thursday to succeed Mr. Whitacre as chief executive in September.
And at Chrysler, Mr. Marchionne, an Italian raised in Canada who is both a lawyer and an accountant, is systematically upgrading the carmaker's aged product lineup and revamping its plants in Fiat's image.
"Fundamentally this thing has been reshaped, resized and rethought," Mr. Marchionne said of Detroit. The biggest difference, he said, is that the Big Three have finally broken the habit of reflexively raising incentives to increase sales volumes.
"We're not trying to kill each other for this month's market share," he said. "Those days are over. We're not offering $7,000 checks to try to sell a car."
Wave after wave of plant closings and worker buyouts in recent years has brought Detroit's production more in line with the demand for its vehicles. Since 2000, the number of Big Three assembly plants in North America has dropped to 40, from 66, according to the consulting firm Oliver Wyman. In turn, overall capacity has shrunk to about eight million vehicles a year, from 13.7 million.
That still may be too much. After several years of sales topping 16 million vehicles, the industry nosedived to 10.4 million last year - the lowest since 1982. At current levels, sales are projected to edge up to about 12 million this year, with Detroit's share running at 46 percent.
"They carved out a lot of capacity, but I'm not sure it was enough," said Peter Morici, an economist at the University of Maryland. "There's still an excess."
Even under the most hopeful assumptions, a resuscitated United States auto industry in the end would account for less than 3.5 percent of the country's economic output, economists estimate, compared to 4.6 percent in the late 1970s. But the Obama administration, which argues that the comeback is long-term and sustainable, contends that the Big Three have downsized enough to be profitable with fewer sales.
"They were just barely making money or breaking even in a market of 16 to 17 million a year," said Brian Deese, a member of President Obama's auto task force. "The companies are positioned now to move forward in an environment of 11 to 12 million in sales."
Some Republicans and other critics of the administration are less bullish, and suggest it is too early to know if the restructuring will stick or how much credit the federal assistance is due. That debate will likely play out in the November midterm elections, but in the meantime some of the raw numbers are falling Detroit's way.
The bankruptcies at G.M. and Chrysler slashed debt, jobs and labor costs, and revised union contracts have brought manufacturing expenses more in line with factories in this country operated by Toyota and other foreign automakers.
The average production worker at G.M. earns $57 an hour in wages and benefits, compared to $51 at Toyota, according to a study by the Center for Automotive Research in Ann Arbor, Mich.
Those costs should continue to fall as the companies hire new workers at lower pay grades agreed to by the U.A.W.
"What's come out of this crisis is a realization that the interests of both sides are aligned," Harley Shaiken, a labor professor at the University of California, Berkeley, said of workers and management.
That alignment could be tested next year when the Detroit companies negotiate a new contract with the U.A.W. The union's president, Bob King, has vowed to get back some of the concessions made in the bankruptcies.
For now, though, the industry is adding jobs for the first time in a decade. More than 330,000 jobs were lost by the American automakers and their suppliers in 2008, White House officials said, while 55,000 jobs have been added since Chrysler and G.M. emerged from bankruptcy in the summer of 2009.
Chrysler, which cut more than half its work force since 2005, has added 3,100 jobs this year, including white-collar jobs at its headquarters in suburban Detroit. The company is recruiting again on college campuses and bringing in entry-level engineers and managers.
One of the first new hires was James Kim, an electrical engineer who recently graduated from the University of Michigan. Mr. Kim also had job offers from Verizon and other companies.
"I saw an opportunity to get into a company that was rebuilding itself from the ground up," said Mr. Kim. "It's almost like going to a start-up business."
Another new white-collar worker, Davida Redmond, joined Chrysler after taking a buyout from Caterpillar. "I felt like the worst was over in Detroit," she said. "The storm is behind us."
But for the recovery to last, some economists say, several things need to happen, including continued improvements in quality, a relentless focus on cutting costs - and some luck on the economy's overall strength.
"Their recovery is not sustainable yet," said Mr. Morici, the economist. "They need to reduce their costs more if they're going to be competitive in the long term with the Japanese, the Koreans and ultimately the Chinese."
Top management says it is well aware of the rough patches ahead. "We still have important work to do," said Mr. Akerson, the incoming G.M. boss.
Even so, optimism is building in the offices and plants and engineering labs of the Detroit companies, employees say. And promising new electrified vehicles like the Chevrolet Volt and small cars like the Ford Fiesta are slowly changing consumer perceptions that the Big Three are behind the times.
"It wasn't long ago that people had just written them off," said Mr. Shaiken, the labor professor. "But they live to fight another day."
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3) WikiLeaks to Publish Remaining War Documents
By THE ASSOCIATED PRESS
August 14. 2010
Filed at 11:41 a.m. ET
http://www.nytimes.com/aponline/2010/08/14/world/asia/AP-Afghanistan-WikiLeaks.html?hp
STOCKHOLM (AP) -- WikiLeaks will publish its remaining 15,000 Afghan war documents within a month, despite warnings from the U.S. government, the organization's founder said Saturday.
The Pentagon has said that secret information will be even more damaging to security and risk more lives than WikiLeaks' initial release of some 76,000 war documents.
''This organization will not be threatened by the Pentagon or any other group,'' Julian Assange told reporters in Stockholm. ''We proceed cautiously and safely with this material.''
In an interview with The Associated Press, he said that if U.S. defense officials want to be seen as promoting democracy then they ''must protect what the United States' founders considered to be their central value, which is freedom of the press.''
''For the Pentagon to be making threatening demands for censorship of a press organization is a cause for concern, not just for the press but for the Pentagon itself,'' the Australian added.
He said WikiLeaks was about halfway though a ''line-by-line review'' of the 15,000 documents and that ''innocent parties who are under reasonable threat'' would be redacted from the material.
''It should be approximately two weeks before that process is complete,'' Assange told AP. ''There will then be a journalistic review, so you're talking two weeks to a month.''
Wikileaks would be working with media partners in releasing the remaining documents, he said, but declined to name them.
The first files in WikiLeaks' ''Afghan War Diary'' laid bare classified military documents covering the war in Afghanistan from 2004 to 2010. The release angered U.S. officials, energized critics of the NATO-led campaign, and drew the attention of the Taliban, which has promised to use the material to track down people it considers traitors.
That has aroused the concern of several human rights group operating in Afghanistan and the Paris-based media watchdog Reporters Without Borders, which has accused WikiLeaks of recklessness. Jean-Francois Julliard, the group's secretary-general, said Thursday that WikiLeaks showed ''incredible irresponsibility'' when posting the documents online.
WikiLeaks describes itself as a public service organization for whistleblowers, journalists and activists.
''There are no easy choices for our organization,'' Assange said. ''We have a duty to the people most directly affected by this material, the people of Afghanistan and the course of this war which is killing hundreds every week. We have a duty to the broader historical record and its accuracy and its integrity. And we have a duty to our sources to try and protect them where we can.''
Assange told the AP that while no country has taken steps to shut down WikiLeaks, some have been gathering intelligence on the organization.
''There has been extensive surveillance in Australia, there has been surveillance in the United Kingdom, there has been the detainment of one of our volunteers who entered the United States a week and a half ago. But he was released after four hours,'' Assange said. He didn't give details of that incident.
In addition to speaking at a seminar, Assange was in Sweden to investigate claims that the website was not covered by laws protecting anonymous sources in the Scandinavian country.
Assange confirmed that WikiLeaks passes information through Belgium and Sweden to take advantage of press freedom laws there. But some experts say the site doesn't have the publishing certificate needed for full protection in Sweden.
Assange said two Swedish publications had offered their publication certificates to WikiLeaks, ''but we will soon be registering our own this week.''
He declined to disclose what other countries house WikiLeaks' technical infrastructure.
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4) Obama Signs Border Bill to Increase Surveillance
By JULIA PRESTON
August 13, 2010
http://www.nytimes.com/2010/08/14/us/politics/14immig.html?ref=world
President Obama signed into law a $600 million bill on Friday to pay for 1,500 new border agents, additional unmanned surveillance drones and new Border Patrol stations along the southwest border.
The measure sailed through Congress in little more than a week with broad bipartisan support, demonstrating the pressure on politicians to look strong on border enforcement. Introduced on Aug. 5, the bill was approved the same day by the Senate by unanimous consent, and passed again by the Senate on Thursday in a special session during the Congressional recess. The House had passed the bill in a special session on Tuesday.
Mr. Obama requested the funds in June, after he announced he would send 1,200 National Guard troops to support agents along the border.
The administration has been under pressure to strengthen border enforcement since Arizona adopted a tough law in April to crack down on illegal immigration, saying the federal government was failing to do its job. After the administration sued Arizona, a federal court stayed important parts of that law.
The two senators from Arizona, John McCain and Jon Kyl, both Republicans who have criticized the administration's border measures as weak, surprised Democrats by signing on as sponsors of the spending bill.
Under a proposal by Senator Charles E. Schumer, Democrat of New York, the new resources will be paid for by steep increases on visa fees for high-tech workers brought to the United States by Indian companies who bring in thousands of temporary employees each year.
Some Republicans still said they wanted more resources for the border. "Right now, it seems more like an effort to receive positive press than to genuinely improve the critical border situation," said Senator Jeff Sessions, Republican of Alabama.
Immigrant advocates said they were disappointed that the only major immigration legislation this year included no measures to grant legal status to illegal immigrants already in this country.
Senator McCain, campaigning in Arizona, also clarified his position on another immigration controversy, telling The Associated Press that he did not favor a change to the Constitution to revoke the right to citizenship for American-born children of illegal immigrants.
Asked if he would support changing the 14th Amendment, Mr. McCain said: "No. I mean, first of all we'd have to have hearings, we'd have to find out what the argument would be, but I certainly don't at this time."
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5) Judges Divided Over Rising GPS Surveillance
By CHARLIE SAVAGE
August 13, 2010
http://www.nytimes.com/2010/08/14/us/14gps.html?ref=us
WASHINGTON - The growing use by the police of new technologies that make surveillance far easier and cheaper to conduct is raising difficult questions about the scope of constitutional privacy rights, leading to sharp disagreements among judges.
A federal appeals court, for example, issued a ruling last week that contradicts precedents from three other appeals courts over whether the police must obtain a warrant before secretly attaching a Global Positioning System device beneath a car. The issue is whether the Fourth Amendment's protection against unreasonable searches covers a device that records a suspect's movements for weeks or months without any need for an officer to trail him.
The GPS tracking dispute coincides with a burst of other technological tools that expand police monitoring abilities - including automated license-plate readers in squad cars, speed cameras mounted on streetlight poles, and even the widely discussed prospect of linking face-recognition computer programs to the proliferating number of surveillance cameras.
Some legal scholars say the escalating use of such high-tech techniques for enhancing traditional police activities is eroding the pragmatic considerations that used to limit how far a law-enforcement official could intrude on people's privacy without court oversight. They have called for a fundamental rethinking of how to apply Fourth Amendment privacy rights in the 21st century.
"Often what we have to do with the march of technology is realize that the difference in quantity and speed can actually amount to significantly more invasive practices, " said Paul Ohm, a University of Colorado law professor and former federal computer-crimes prosecutor. "It's like you keep turning the volume knob and it becomes something different, not the same thing just a little louder."
Last week, such calls seemed to be answered by an ideologically diverse panel on the United States Court of Appeals for the District of Columbia. It overturned a drug trafficking conviction because the evidence against the defendant included tracking data from a GPS receiver that the police hid under his sport utility vehicle without a warrant. The device essentially recorded his whereabouts 24 hours a day for four weeks.
Traditionally, courts have held that the Fourth Amendment does not cover the trailing of a suspect because people have no expectation of privacy for actions exposed to public view.
But the appeals court argued that people expect their overall movements to be private because different strangers see only isolated moments and a police department's surveillance resources are limited. GPS technology, by allowing police departments to inexpensively track someone's comings and goings, changes that equation, it said.
"Prolonged surveillance reveals types of information not revealed by short-term surveillance, such as what a person does repeatedly, what he does not do, and what he does ensemble," wrote Judge Douglas Ginsburg.
"A person who knows all of another's travels can deduce whether he is a weekly churchgoer, a heavy drinker, a regular at the gym, an unfaithful husband, an outpatient receiving medical treatment, an associate of particular individual or political groups - and not just one such fact about a person, but all such facts."
Supreme Court review of the decision seems likely. It contradicted decisions in three similar GPS-related cases by appellate panels in Chicago, St. Louis and San Francisco.
In 2007, for example, Judge Richard Posner argued that "following a car on a public street" is "unequivocally not a search within the meaning" of the Fourth Amendment. While acknowledging that "technological progress poses a threat to privacy by enabling an extent of surveillance that in earlier times would have been prohibitively expensive," he concluded that using a GPS device to investigate a suspect crossed no constitutional line.
The Fourth Amendment "cannot sensibly be read to mean that police shall be no more efficient in the 21st century than they were in the 18th," he wrote. "There is a tradeoff between security and privacy, and often it favors security."
Judge Posner also cited a 1983 Supreme Court ruling upholding the use of a hidden radio transmitter that helped police trail a suspect. But other judges have argued that the limited power of that device make it different from the prolonged, automated tracking that GPS devices enable.
On Thursday, five judges on the San Francisco appeals court dissented from a decision not to re-hear a ruling upholding the warrantless use of GPS trackers. Chief Judge Alex Kozinski characterized the tactic as "creepy and un-American" and contended that its capabilities handed "the government the power to track the movements of every one of us, every day of our lives."
There is no central repository of how many police forces use the devices, which cost several hundred dollars. But there has been a recent spate of cases about them. Several state supreme courts - including those in Massachusetts, New York, Oregon and Washington - have ruled that their state constitutions require police to obtain a warrant to use them.
Related questions have arisen over businesses' customer records, which courts generally allow police to obtain without a warrant. The appeals court in Philadelphia is considering whether the Fourth Amendment protects location data for cellphones.
The few Fourth Amendment cases involving contemporary technologies to reach the Supreme Court so far have generally stuck to the principle that privacy rights cover only actions no one else could normally see or hear. In 2001, for example, the court ruled that without a warrant, police cannot point a thermal imaging device at a home in search of heat associated with marijuana growing.
Privacy advocates say the volume of public information about people that is increasingly collectable has called into question that approach. Stephen Leckar, who represented the defendant in the GPS case before the District of Columbia appeals court, argued that judicial oversight is needed over the mass collection of information like a suspect's movements, in order to maintain checks and balances.
But Orin Kerr, a George Washington University professor and former federal computer-crimes prosecutor, criticized the ruling. He argued that the police need clear rules, and said it would sow confusion to require warrants for collecting large amounts of information about suspects' action in public because investigators cannot know ahead of time how much they will eventually compile - or how much is too much.
"Police will never know whether they have violated the Fourth Amendment until some judge tells them," Mr. Kerr said.
In other privacy contexts, courts have recognized that aggregating information can make a legal difference. For example, the Supreme Court has interpreted a privacy exception in the Freedom of Information Act as covering "rap sheets" compiling people's criminal records - even though each offense was separately listed in public documents scattered through decades of courthouse files.
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6) Relief Well to Be Completed in Gulf
By HENRY FOUNTAIN
August 13, 2010
http://www.nytimes.com/2010/08/14/us/14spill.html?ref=us
HOUSTON - Although tests of BP's blown-out well in the Gulf of Mexico appear to show that it is fully sealed, the government said Friday that work on a relief well would continue to complete the job of permanently plugging the gusher.
"The relief well will be finished," Thad W. Allen, the retired Coast Guard admiral who leads the spill response, said at a press briefing in Schriever, La. But he said BP and government scientists were still studying the test results to determine the precise procedures to be followed in completing the relief well.
Admiral Allen said the tests showed that there was no "communication" in the well between the reservoir of oil and the surface. But he stopped short of declaring victory in the more than three-month effort to stem the leak.
He said that some oil - perhaps 1,000 barrels, according to BP estimates - was still trapped in the well.
BP and government scientists decided to conduct the test to determine the effectiveness of the so-called static kill, in which heavy mud had been pumped into the damaged well, followed by cement. BP engineers knew that the cement had plugged the well's metal casing pipe; the question was whether cement had also plugged the space between the pipe and the well bore, known as the annulus.
Admiral Allen said the tests appeared to show that there was cement in the annulus. But he said there was no way of knowing how thick the cement was.
One concern with the relief well, he added, is that if it is used to pump more mud into the blown-out well, the increased pressure could affect seals at the top of the well.
"Everybody is in agreement we need to proceed with the relief well," he said. "The question is how to do it."
He said once that question was answered, drilling of the relief well would resume. It would be expected to intercept the blown well about four days later.
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7) The oil's stain on science
From The Scientist:
By Linda Hooper-Bui
August 5, 2010
http://www.librarything.com/topic/96328
Functioning as an independent researcher in and around the Gulf of Mexico these days is no simple task. I study insect and plant communities in near-shore habitats fringing the Gulf, and my work has gotten measurably harder in the wake of the Deepwater Horizon disaster. It's not hazardous conditions associated with oil and dispersants that are hampering our scientific efforts. Rather, it's the confidentiality agreements that come with signing up to work on large research projects shepherded by government entities and BP and the limited access to coastal areas if you're not part of those projects that are stifling the public dissemination of data detailing the environmental impact of the catastrophe.
Some Gulf scientists have already been snatched up by corporate consulting companies with offers of $250/hour. Others are badgered for their data by governmental agencies. Some of us desire to conduct our work without lawyers, government officials, or corporate officers peering over our shoulders. In the end, it may be the independent, non-biased researchers who can deliver credible scientific results that perform the crucial function of assessing the damage wrought by this disaster...if we survive professionally.
Thanks to the National Science Foundation (NSF), some of us might. We don't work for BP or the government's National Resource Damage Assessment (NRDA) process, which is overseen by state, tribal and federal science agencies and is partially funded by BP. We are independent scientists who want to honestly and independently examine the effects of the oil spill.
The ants, crickets, flies, bees, dragon flies, and spiders I study are important components of the coastal food web. They function as soil aerators, seed dispersers, pollinators, and food sources in complex ecosystems of the Gulf.
Insects were not a primary concern when oil was gushing into the Gulf, but now they may be the best indicator of stressor effects on the coastal northern Gulf of Mexico. Those stressors include oil, dispersants, and cleanup activities. If insect populations survive, then frogs, fish, and birds will survive. If frogs, fish, and birds are there, the fishermen and the birdwatchers will be there. The Gulf's coastal communities will survive. But if the bugs suffer, so too will the people of the Gulf Coast.
This is why my continued research is important: to give us an idea of just how badly the health of the Gulf Coast ecosystems has been damaged and what, if anything, we can do to stave off a full-blown ecological collapse. But I am having trouble conducting my research without signing confidentiality agreements or agreeing to other conditions that restrict my ability to tell a robust and truthful scientific story.
I want to collect data to answer scientific questions absent a corporate or governmental agenda. I won't collect data specifically to support the government's lawsuit against BP nor will I collect data only to be used in BP's defense. Whereas I think damage assessment is important, it's my job to be independent -- to tell an accurate, unbiased story. But because I choose not to work for BP's consultants or NRDA, my job is difficult and access to study sites is limited.
In southern Alabama back in late May, my PhD student's ant samples were taken away by a US Fish and Wildlife officer at a publicly accessible state Wildlife Management Area because our project hadn't been approved by Incident Command (also called the Deepwater Horizon Response Unified Command -- which is a joint program of BP and federal agencies, such as the Coast Guard, the Department of the Interior, and the Bureau of Ocean Energy Management, assembled to respond to problems related to the April 20 blowout).
We've had similar experiences in south Louisiana, where our research trip was halted after driving more than 150 miles to a study site. On the way to our sampling sites in Grand Isle, LA, were turned away by a sheriff's deputy blocking the road who said that he was told to allow no one who wasn't associated with BP or NRDA to pass that point. We've also been blocked by the Wisner Trust, one of the largest private land owners of marsh habitat in Louisiana, who in the past allowed LSU researchers access to their property. The lawyer representing the trust indicated that they are coordinating over 700 different people associated with BP and NRDA and that they simply cannot approve access for anyone else.
People at the NSF think the work I conduct with my graduate students and eight collaborators on coastal food webs is important enough to fund through their Rapid Proposal Program. The truth is that we used our meager discretionary funds to hurriedly collect data in May before our study sites were oiled. Our group was lucky we weren't turned away by BP, sheriff's officers, or Coast Guard at that time. Now we're seeking a source of independent funding once again.
I've been doggedly pursued by NRDA for data our team has and will be collecting. Three different people from the Louisiana Department of Natural Resources (LDNR) indicated interest in our data in repeated requests. In fact, I'll be going to a meeting with LDNR next Thursday (August 12) to further discuss my data. If I were to agree to submit my data, thus officially participating in NRDA, I would be required to sign a confidentiality agreement that lacks an officially specified end date. Exactly when my students or I would be able to publish any results from this research would be determined by the Department of Justice (DOJ), which would make that decision based on the status of a civil suit brought against BP. Were I to accept research funding directly from BP or from one of their contractors, I'd have to sign a contract that includes a three-year no publication clause. If I signed either a contract to work with NRDA or to work under BP or one of their contractors, I would have virtually unlimited access to study sites and more research support.
But the price of the secrecy involved with participating in NRDA or conducting research under the auspices of BP is too high. My student and I couldn't discuss our data, results or experiences for three years or until the litigation against BP is settled. More importantly, we couldn't publish any of our results. I couldn't write this essay. The data could be tied up for years in litigation just like that of the scientists who participated in NRDA after the Exxon Valdez incident.
Every day it takes resolve to continue on the path of honest and open science on the effect of stressors on the smallest creatures on the coast. If current trends continue, I fear that the independent researcher may be added to the list of species that will be endangered by this ecological disaster.
Linda Hooper-Bui is an ecosystem biologist at Louisiana State University A&M and the LSU Agricultural Center who specializes in disturbance ecology of ants and other arthropods. She coauthored a chapter called "Consequences of Ant Invasions" in the book Ant Ecology, published this year. She loves to spend time mentoring students and has an active undergraduate and graduate student research program.
Editor's note - Pete Tuttle, USFWS environmental contaminant specialist and Dept of Interior NRDA coordinator, told The Scientist that he was unaware of any samples being taken or access to study sites being restricted by federal, state, or tribal officials associated with NRDA. He did, however, confirm that researchers wishing to formally participate in NRDA must sign a contract that includes a confidentiality agreement. Tuttle said that the agreement prevents signees from releasing information from studies and findings until authorized by the Department of Justice at some later and unspecified date. "This is a civil lawsuit (against BP)," Tuttle said. "We are protecting our interests and our case. It's not designed to squelch anything, but just to ensure that the integrity of the case is protected." The Scientist contacted a BP representative to respond to Hooper-Bui's claims, but BP declined to comment.
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8) Officials deny dispersant use, residents beg to differ
By Matt Algarin
August 10, 2010 7:00 PM
http://www.thedestinlog.com/news/residents-14872-multiple-differ.html
Mayor Sam Seevers knows that BP should not be using dispersants in state waters, but after multiple reports from area residents about suspicious activity, she plans to get to the bottom of it.
"We had asked the Coast Guard and BP to find out what they can, and to let us know what was going on," Seevers said recently.
She told The Log she had heard people talking about a "mystery dispersant" over the past few days, but it wasn't until last week's Vessel of Opportunity meeting at City Hall that Seevers had heard the topic echoed over and over.
Okaloosa Island resident Joseph Yerkes, who had been employed by BP as a VOO operator, wrote in a letter that he distributed at Tuesday night's meeting that he had "witnessed and reported" suspicious activity over the Gulf of Mexico on July 30.
Yerkes, who was sitting on the back porch of his third floor condo about 1:30 p.m., wrote that he witnessed a military C-130 "flying from the north to the south, dropping to low levels of elevation then obviously spraying or releasing an unknown substance from the rear of the plane."
The unknown substance, Yerkes wrote, "was not smoke, for the residue fell to the water, where smoke would have lingered."
Austin Norwood, whose boat is contracted by Florida Fish and Wildlife, also provided a written account of a "strange incident."
While Norwood was observing wildlife offshore, he had received a call from his site supervisor at Joe's Bayou. After telling the supervisor that he and his crewmember were not feeling well, the supervisor had the two men come in "to get checked out because a plane had been reported in our area spraying a substance on the water about 10- 20 minutes before."
Norwoord complained of a bad headache, nasal congestion while his crewmember said he had a metallic taste in his mouth.
After filling out an incident report, both Norwood and his crewmember were directed to go to the hospital. The following day, the two men were once again "asked to go to the hospital for blood tests."
When reached for comment, Lt. Cmdr. Dale Vogelsang, liaison officer with the United State Coast Guard, told The Log he had contacted Unified Command and they had "confirmed" that dispersants were not being used in Florida waters.
"Dispersants are only being used over the wellhead in Louisiana," Vogelsang said. "We are working with Eglin and Hurlburt to confirm what the flight pattern may be. But right now, it appears to be a normal flight."
Vogelsang also said Unified Command confirmed to him that C-130s have never been used to distribute dispersants, as they "typically use smaller aircraft."
But according to an article by the 910th Airlift Wing Public Affairs Office, based in Youngstown, OH., C-130H Hercules aircraft started aerial spray operations Saturday, May 1, under the direction of the president of the United States and Secretary of Defense. "The objective of the aerial spray operation is to neutralize the oil spill with oil dispersing agents," the article states.
A July Lockheed Martin Newsletter states that "Lockheed Martin aircraft, including C-130s and P-3s, have been deployed to the Gulf region by the Air Force, Coast Guard and other government customers to perform a variety of tasks, such as monitoring, mapping and dispersant spraying."
Neither of the articles specify the operations have taken place in Florida.
After The Log spoke with Vogelsang Friday morning, he once again reiterated that "no dispersants were being used in Florida waters," and no dispersants have been used anywhere since mid-July. When The Log asked Vogelsang about the two articles, which state C-130s have been used for dispersant spraying, he said "if they were being used here locally to spray dispersants, then Unified Command didn't know about it."
Yerkes said he has a friend who is sick from whatever has been sprayed, and he intends to find out what it is. He has recently been in contact with various attorneys who are interested in his case, including the law firm that represented Erin Brockovich.
"If I have to be the Erin Brockovich of Okaloosa County, I am going to do it," he said.
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9) Gulf Health Problems Blamed on Dispersed Oil
By Dahr Jamail
Inter Press Service
August 13, 2010
http://ipsnorthamerica.net/news.php?idnews=3235
DAUPHIN ISLAND, Alabama, 12 Aug (IPS) - BP says it is no longer using toxic dispersants to break up the Gulf of Mexico oil spill. Gulf Coast residents claim otherwise, and say they have the sicknesses to prove it.
On Aug. 5, Donny Mastler, a commercial fisherman who also works on boats, was at the Dauphin Island Marina.
"I was with my friend Albert, and we were both slammed with exposure," Mastler, told IPS, referring to toxic chemicals he inhaled that he believes are associated with BP's Corexit dispersants. "We both saw the clumps of white bubbles on the surface that we know come from the dispersed oil."
Both of their eyes were watering and their throats were burning, so Albert went to sit in his air-conditioned truck, while Mastler headed home.
"I started to vomit brown, and my pee was brown also," Mastler said. "I kept that up all day. Then I had a night of sweating and non-stop diarrhea unlike anything I've ever experienced."
BP has been using two oil dispersants, Corexit 9500 and Corexit 9527, both of which are banned in Britain. More than 1.9 million gallons of dispersant has been used to date on the Gulf of Mexico oil disaster.
Pathways of exposure are inhalation, ingestion, skin, and eye contact. Health impacts include headaches, nausea, vomiting, diarrhea, abdominal pains, dizziness, chest pains and tightness, irritation of eyes, nose, throat and lungs, difficulty breathing, respiratory system damage, skin irrigation and sensitisation, hypertension, central nervous system depression, neurotoxic effects, genetic damage and mutations, cardiac arrhythmia, and cardiovascular damage, among several others.
Not along ago, at the same marina, WKRG News 5 took a water sample to test for dispersants. The sample literally exploded when it was mixed with an organic solvent separating the oil from the water.
Bob Naman, the chemist who analysed the sample, told the station, "We think that it most likely happened due to the presence of either methanol or methane gas or the presence of the dispersant Corexit."
As for Mastler's physical reaction to his exposure, Hugh Kaufman, an EPA whistleblower and analyst, has reported this of the effects of the toxic dispersants:
"We have dolphins that are hemorrhaging. People who work near it are hemorrhaging internally. And that's what dispersants are supposed to do&And, for example, in the Exxon Valdez case, people who worked with dispersants, most of them are dead now. The average death age is around 50. It's very dangerous, and it's an& economic protector of BP, not an environmental protector of the public."
By early July, the Alabama Department of Public Health said that 56 people in Mobile and Baldwin Counties had sought treatment for what they believed were oil disaster-related illnesses.
Mastler had a previous exposure when he was working on a boat for a BP contractor and brought aboard an oil-covered absorbent pad he found in the water. That exposure, too, found Mastler with rashes on his arms, a soar throat, and nausea. He told IPS he knows many island residents who stay inside to avoid toxic fumes that blow in from the Gulf.
BP claims to have conducted air monitoring of oil-effected areas. A written statement by the company says, "The monitoring data shows that few people, if any, are exposed to levels of oil or dispersants that have even the potential to cause any significant adverse health effects."
Many scientists and doctors disagree.
"The dispersants used in BP's draconian experiment contain solvents such as petroleum distillates and 2-butoxyethanol," Dr. Riki Ott, toxicologist and marine biologist, told IPS.
"Solvents dissolve oil, grease, and rubber. Spill responders have told me that the hard rubber impellors in their engines and the soft rubber bushings on their outboard motor pumps are falling apart and need frequent replacement&Divers have told me that they have had to replace the soft rubber o- rings on their gear after dives in the Gulf and that the oil-chemical stew eats its way into even the Hazmat dive suits," Ott said.
"Given this evidence, it should be no surprise that solvents are also notoriously toxic to people, something the medical community has long known," Dr. Ott added. "In 'Generations at Risk', medical doctor Ted Schettler and others warn that solvents can rapidly enter the human body: They evaporate in air and are easily inhaled, they penetrate skin easily, and they cross the placenta into fetuses. For example, 2- butoxyethanol is a human health hazard substance: It is a fetal toxin and it breaks down blood cells, causing blood and kidney disorders."
Even the federal government has taken precautions for its employees. U.S. military officials decided to reroute training flights in the Gulf region in order to avoid oil and dispersant tainted-areas.
Public health agencies operating in the region have told their researchers who test the air quality to wear respirators when they are offshore, and in preparation for a long-term study of health effects from the BP disaster, the U.S. Labour Department has started gathering data from thousands of workers.
Meanwhile, physical evidence around the Gulf continues to mount daily. Ongoing reports of fish kills and wildlife deaths are a daily occurrence now.
On Aug. 5, in Port St. Joe, Florida, city officials closed a public boat ramp following an unexplained fish kill in St. Joseph's Bay that caused hundreds of dead fish and crabs to wash ashore. Witnesses sighted a brown, sludgy material roughly six miles offshore.
"My voice is gone," Mastler, speaking to IPS with a gravelly voice. "Another time I was at the marina and got exposed again, I could smell the oil. I've got a lot of burning in my mouth right now."
On Aug. 8 he said that his urine was still "brown", but said he was starting to feel "a little better". Given that Mastler already had a chronic obstructive pulmonary disease, he believes he is "like the canary in the coal mine" with dispersant exposure.
Over the last six weeks, IPS has spoken with several people along the Gulf Coast who have complained of skin rashes, respiratory problems, nausea, headaches, burning eyes, and other problems they believe to be associated with BP's toxic dispersants.
Mastler told IPS he chose not to work for BP because he never trusted them.
"That's why I never went to BP, and I'm not going to, and I don't appreciate the people they let die over this, and how they're making us sick, and we've already had some deaths around this island," he added, "They put untrained people out on the water, with faulty equipment, and with faulty respirators."
On Wednesday, Mastler was still suffering.
"I'm still feeling terrible. I'm about to go to the doctor again right now. I might end up in the hospital. I'm short of breath, the diarrhea has been real bad, I still have discolouration in my urine, and the day before yesterday I was coughing up white foam with brown spots in it."
Mastler plans to file a claim against BP for his medical expenses.
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10) Secret Assault on Terrorism Widens on Two Continents
"The attack offered a glimpse of the Obama administration's shadow war against Al Qaeda and its allies. In roughly a dozen countries - from the deserts of North Africa, to the mountains of Pakistan, to former Soviet republics crippled by ethnic and religious strife - the United States has significantly increased military and intelligence operations, pursuing the enemy using robotic drones and commando teams, paying contractors to spy and training local operatives to chase terrorists."
By SCOTT SHANE, MARK MAZZETTI and ROBERT F. WORTH
August 14, 2010
http://www.nytimes.com/2010/08/15/world/15shadowwar.html?hp
WASHINGTON - At first, the news from Yemen on May 25 sounded like a modest victory in the campaign against terrorists: an airstrike had hit a group suspected of being operatives for Al Qaeda in the remote desert of Marib Province, birthplace of the legendary queen of Sheba.
But the strike, it turned out, had also killed the province's deputy governor, a respected local leader who Yemeni officials said had been trying to talk Qaeda members into giving up their fight. Yemen's president, Ali Abdullah Saleh, accepted responsibility for the death and paid blood money to the offended tribes.
The strike, though, was not the work of Mr. Saleh's decrepit Soviet-era air force. It was a secret mission by the United States military, according to American officials, at least the fourth such assault on Al Qaeda in the arid mountains and deserts of Yemen since December.
The attack offered a glimpse of the Obama administration's shadow war against Al Qaeda and its allies. In roughly a dozen countries - from the deserts of North Africa, to the mountains of Pakistan, to former Soviet republics crippled by ethnic and religious strife - the United States has significantly increased military and intelligence operations, pursuing the enemy using robotic drones and commando teams, paying contractors to spy and training local operatives to chase terrorists.
The White House has intensified the Central Intelligence Agency's drone missile campaign in Pakistan, approved raids against Qaeda operatives in Somalia and launched clandestine operations from Kenya. The administration has worked with European allies to dismantle terrorist groups in North Africa, efforts that include a recent French strike in Algeria. And the Pentagon tapped a network of private contractors to gather intelligence about things like militant hide-outs in Pakistan and the location of an American soldier currently in Taliban hands.
While the stealth war began in the Bush administration, it has expanded under President Obama, who rose to prominence in part for his early opposition to the invasion of Iraq. Virtually none of the newly aggressive steps undertaken by the United States government have been publicly acknowledged. In contrast with the troop buildup in Afghanistan, which came after months of robust debate, for example, the American military campaign in Yemen began without notice in December and has never been officially confirmed.
Obama administration officials point to the benefits of bringing the fight against Al Qaeda and other militants into the shadows. Afghanistan and Iraq, they said, have sobered American politicians and voters about the staggering costs of big wars that topple governments, require years of occupation and can be a catalyst for further radicalization throughout the Muslim world.
Instead of "the hammer," in the words of John O. Brennan, President Obama's top counterterrorism adviser, America will rely on the "scalpel." In a speech in May, Mr. Brennan, an architect of the White House strategy, used this analogy while pledging a "multigenerational" campaign against Al Qaeda and its extremist affiliates.
Yet such wars come with many risks: the potential for botched operations that fuel anti-American rage; a blurring of the lines between soldiers and spies that could put troops at risk of being denied Geneva Convention protections; a weakening of the Congressional oversight system put in place to prevent abuses by America's secret operatives; and a reliance on authoritarian foreign leaders and surrogates with sometimes murky loyalties.
The May strike in Yemen, for example, provoked a revenge attack on an oil pipeline by local tribesmen and produced a propaganda bonanza for Al Qaeda in the Arabian Peninsula. It also left President Saleh privately furious about the death of the provincial official, Jabir al-Shabwani, and scrambling to prevent an anti-American backlash, according to Yemeni officials.
The administration's demands have accelerated a transformation of the C.I.A. into a paramilitary organization as much as a spying agency, which some critics worry could lower the threshold for future quasi-military operations. In Pakistan's mountains, the agency had broadened its drone campaign beyond selective strikes against Qaeda leaders and now regularly obliterates suspected enemy compounds and logistics convoys, just as the military would grind down an enemy force.
For its part, the Pentagon is becoming more like the C.I.A. Across the Middle East and elsewhere, Special Operations troops under secret "Execute Orders" have conducted spying missions that were once the preserve of civilian intelligence agencies. With code names like Eager Pawn and Indigo Spade, such programs typically operate with even less transparency and Congressional oversight than traditional covert actions by the C.I.A.
And, as American counterterrorism operations spread beyond war zones into territory hostile to the military, private contractors have taken on a prominent role, raising concerns that the United States has outsourced some of its most important missions to a sometimes unaccountable private army.
A Proving Ground
Yemen is a testing ground for the "scalpel" approach Mr. Brennan endorses. Administration officials warn of the growing strength of Al Qaeda's affiliate there, citing as evidence its attempt on Dec. 25 to blow up a trans-Atlantic jetliner using a young Nigerian operative. Some American officials believe that militants in Yemen could now pose an even greater threat than Al Qaeda's leadership in Pakistan.
The officials said that they have benefited from the Yemeni government's new resolve to fight Al Qaeda and that the American strikes - carried out with cruise missiles and Harrier fighter jets - had been approved by Yemen's leaders. The strikes, administration officials say, have killed dozens of militants suspected of plotting future attacks. The Pentagon and the C.I.A. have quietly bulked up the number of their operatives at the embassy in Sana, the Yemeni capital, over the past year.
"Where we want to get is to much more small scale, preferably locally driven operations," said Representative Adam Smith, Democrat of Washington, who serves on the Intelligence and Armed Services Committees.
"For the first time in our history, an entity has declared a covert war against us," Mr. Smith said, referring to Al Qaeda. "And we are using similar elements of American power to respond to that covert war."
Some security experts draw parallels to the cold war, when the United States drew heavily on covert operations as it fought a series of proxy battles with the Soviet Union.
And some of the central players of those days have returned to take on supporting roles in the shadow war. Michael G. Vickers, who helped run the C.I.A.'s campaign to funnel guns and money to the Afghanistan mujahedeen in the 1980s and was featured in the book and movie "Charlie Wilson's War," is now the top Pentagon official overseeing Special Operations troops around the globe. Duane R. Clarridge, a profane former C.I.A. officer who ran operations in Central America and was indicted in the Iran-contra scandal, turned up this year helping run a Pentagon-financed private spying operation in Pakistan.
In pursuing this strategy, the White House is benefiting from a unique political landscape. Republican lawmakers have been unwilling to take Mr. Obama to task for aggressively hunting terrorists, and many Democrats seem eager to embrace any move away from the long, costly wars begun by the Bush administration.
Still, it has astonished some old hands of the military and intelligence establishment. Jack Devine, a former top C.I.A. clandestine officer who helped run the covert war against the Soviet Army in Afghanistan in the 1980s, said his record showed that he was "not exactly a cream puff" when it came to advocating secret operations.
But he warned that the safeguards introduced after Congressional investigations into clandestine wars of the past - from C.I.A. assassination attempts to the Iran-contra affair, in which money from secret arms dealings with Iran was funneled to right-wing rebels in Nicaragua known as the contras - were beginning to be weakened. "We got the covert action programs under well-defined rules after we had made mistakes and learned from them," he said. "Now, we're coming up with a new model, and I'm concerned there are not clear rules."
Cooperation and Control
The initial American strike in Yemen came on Dec. 17, hitting what was believed to be a Qaeda training camp in Abyan Province, in the southern part of the country. The first report from the Yemeni government said that its air force had killed "around 34" Qaeda fighters there, and that others had been captured elsewhere in coordinated ground operations.
The next day, Mr. Obama called President Saleh to thank him for his cooperation and pledge continuing American support. Mr. Saleh's approval for the strike - rushed because of intelligence reports that Qaeda suicide bombers might be headed to Sana - was the culmination of administration efforts to win him over, including visits by Mr. Brennan and Gen. David H. Petraeus, then the commander of military operations in the Middle East.
The accounts of the American strikes in Yemen, which include many details that have not previously been reported, are based on interviews with American and Yemeni officials who requested anonymity because the military campaign in Yemen is classified, as well as documents from Yemeni investigators.
As word of the Dec. 17 attack filtered out, a very mixed picture emerged. The Yemeni press quickly identified the United States as responsible for the strike. Qaeda members seized on video of dead children and joined a protest rally a few days later, broadcast by Al Jazeera, in which a speaker shouldering an AK-47 rifle appealed to Yemeni counterterrorism troops.
"Soldiers, you should know we do not want to fight you," the Qaeda operative, standing amid angry Yemenis, declared. "There is no problem between you and us. The problem is between us and America and its agents. Beware taking the side of America!"
A Navy ship offshore had fired the weapon in the attack, a cruise missile loaded with cluster bombs, according to a report by Amnesty International. Unlike conventional bombs, cluster bombs disperse small munitions, some of which do not immediately explode, increasing the likelihood of civilian causalities. The use of cluster munitions, later documented by Amnesty, was condemned by human rights groups.
An inquiry by the Yemeni Parliament found that the strike had killed at least 41 members of two families living near the makeshift Qaeda camp. Three more civilians were killed and nine were wounded four days later when they stepped on unexploded munitions from the strike, the inquiry found.
American officials cited strained resources for decisions about some of the Yemen strikes. With the C.I.A.'s armed drones tied up with the bombing campaign in Pakistan, the officials said, cruise missiles were all that was available at the time. Drones are favored by the White House for clandestine strikes because they can linger over targets for hours or days before unleashing Hellfire missiles, reducing the risk that women, children or other noncombatants will fall victim.
The Yemen operation has raised a broader question: who should be running the shadow war? White House officials are debating whether the C.I.A. should take over the Yemen campaign as a "covert action," which would allow the United States to carry out operations even without the approval of Yemen's government. By law, covert action programs require presidential authorization and formal notification to the Congressional intelligence committees. No such requirements apply to the military's so-called Special Access Programs, like the Yemen strikes.
Obama administration officials defend their efforts in Yemen. The strikes have been "conducted very methodically," and claims of innocent civilians being killed are "very much exaggerated," said a senior counterterrorism official. He added that comparing the nascent Yemen campaign with American drone strikes in Pakistan was unfair, since the United States has had a decade to build an intelligence network in Pakistan that feeds the drone program.
In Yemen, officials said, there is a dearth of solid intelligence about Qaeda operations. "It will take time to develop and grow that capability," the senior official said.
On Dec. 24, another cruise missile struck in a remote valley called Rafadh, about 400 miles southeast of the Yemeni capital and two hours from the nearest paved road. The Yemeni authorities said the strike killed dozens of Qaeda operatives, including the leader of the Qaeda branch in Yemen, Nasser al-Wuhayshi, and his Saudi deputy, Said Ali al-Shihri. But officials later acknowledged that neither man was hit, and local witnesses say the missile killed five low-level Qaeda members.
The next known American strike, on March 14, was more successful, killing a Qaeda operative named Jamil al-Anbari and possibly another militant. Al Qaeda's Yemeni branch acknowledged Mr. Anbari's death. On June 19, the group retaliated with a lethal attack on a government security compound in Aden that left 11 people dead and said the "brigade of the martyr Jamil al-Anbari" carried it out.
In part, the spotty record of the Yemen airstrikes may derive from another unavoidable risk of the new shadow war: the need to depend on local proxies who may be unreliable or corrupt, or whose agendas differ from that of the United States.
American officials have a troubled history with Mr. Saleh, a wily political survivor who cultivates radical clerics at election time and has a history of making deals with jihadists. Until recently, taking on Al Qaeda had not been a priority for his government, which has been fighting an intermittent armed rebellion since 2004.
And for all Mr. Saleh's power - his portraits hang everywhere in the Yemeni capital - his government is deeply unpopular in the remote provinces where the militants have sought sanctuary. The tribes there tend to regularly switch sides, making it difficult to depend on them for information about Al Qaeda. "My state is anyone who fills my pocket with money," goes one old tribal motto.
The Yemeni security services are similarly unreliable and have collaborated with jihadists at times. The United States has trained elite counterterrorism teams there in recent years, but the military still suffers from corruption and poor discipline.
It is still not clear why Mr. Shabwani, the Marib deputy governor, was killed. The day he died, he was planning to meet members of Al Qaeda's Yemeni branch in Wadi Abeeda, a remote, lawless plain dotted with orange groves east of Yemen's capital. The most widely accepted explanation is that Yemeni and American officials failed to fully communicate before the attack.
Abdul Ghani al-Eryani, a Yemeni political analyst, said the civilian deaths in the first strike and the killing of the deputy governor in May "had a devastating impact." The mishaps, he said, "embarrassed the government and gave ammunition to Al Qaeda and the Salafists," he said, referring to adherents of the form of Islam embraced by militants.
American officials said President Saleh was angry about the strike in May, but not so angry as to call for a halt to the clandestine American operations. "At the end of the day, it's not like he said, 'No more,' " said one Obama administration official. "He didn't kick us out of the country."
Weighing Success
Despite the airstrike campaign, the leadership of Al Qaeda in the Arabian Peninsula survives, and there is little sign the group is much weaker.
Attacks by Qaeda militants in Yemen have picked up again, with several deadly assaults on Yemeni army convoys in recent weeks. Al Qaeda's Yemen branch has managed to put out its first English-language online magazine, Inspire, complete with bomb-making instructions. Intelligence officials believe that Samir Khan, a 24-year-old American who arrived from North Carolina last year, played a major role in producing the slick publication.
As a test case, the strikes have raised the classic trade-off of the post-Sept. 11 era: Do the selective hits make the United States safer by eliminating terrorists? Or do they help the terrorist network frame its violence as a heroic religious struggle against American aggression, recruiting new operatives for the enemy?
Al Qaeda has worked tirelessly to exploit the strikes, and in Anwar al-Awlaki, the American-born cleric now hiding in Yemen, the group has perhaps the most sophisticated ideological opponent the United States has faced since 2001.
"If George W. Bush is remembered by getting America stuck in Afghanistan and Iraq, it's looking like Obama wants to be remembered as the president who got America stuck in Yemen," the cleric said in a March Internet address that was almost gleeful about the American campaign.
Most Yemenis have little sympathy for Al Qaeda and have observed the American strikes with "passive indignation," Mr. Eryani said. But, he added, "I think the strikes over all have been counterproductive."
Edmund J. Hull, the United States ambassador to Yemen from 2001 to 2004, cautioned that American policy must not be limited to using force against Al Qaeda.
"I think it's both understandable and defensible for the Obama administration to pursue aggressive counterterrorism operations," Mr. Hull said. But he added: "I'm concerned that counterterrorism is defined as an intelligence and military program. To be successful in the long run, we have to take a far broader approach that emphasizes political, social and economic forces."
Obama administration officials say that is exactly what they are doing - sharply increasing the foreign aid budget for Yemen and offering both money and advice to address the country's crippling problems. They emphasized that the core of the American effort was not the strikes but training for elite Yemeni units, providing equipment and sharing intelligence to support Yemeni sweeps against Al Qaeda.
Still, the historical track record of limited military efforts like the Yemen strikes is not encouraging. Micah Zenko, a fellow at the Center for Preventive Action at the Council on Foreign Relations, examines in a forthcoming book what he has labeled "discrete military operations" from the Balkans to Pakistan since the end of the cold war in 1991. He found that these operations seldom achieve either their military or political objectives.
But he said that over the years, military force had proved to be a seductive tool that tended to dominate "all the discussions and planning" and push more subtle solutions to the side.
When terrorists threaten Americans, Mr. Zenko said, "there is tremendous pressure from the National Security Council and the Congressional committees to, quote, 'do something.' "
That is apparent to visitors at the American Embassy in Sana, who have noticed that it is increasingly crowded with military personnel and intelligence operatives. For now, the shadow warriors are taking the lead.
Muhammad al-Ahmadi contributed reporting from Yemen.
This article has been revised to reflect the following correction:
Correction: August 14, 2010
An earlier version of this article misstated that Micah Zenko was still at the Kennedy School of Government at Harvard. Mr. Zenko, a fellow at the Council on Foreign Relations, is no longer at the Kennedy School.
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11) NATO Strike Cited in Afghan Civilian Deaths
By DEXTER FILKINS
August 14, 2010
http://www.nytimes.com/2010/08/15/world/asia/15afghan.html?ref=world
KABUL, Afghanistan - There is a "fair chance" that a NATO jet inadvertently killed five Afghan civilians during a shootout with Taliban fighters in a village in southern Afghanistan earlier this week, an American official said Saturday.
Some details were still unclear, but a local Afghan official and two witnesses said that the civilians were killed Thursday afternoon when a NATO aircraft fired on a house after a firefight with Taliban militants who had attacked a NATO convoy. The Taliban were operating in Luchak, a farming village in central Helmand Province, the epicenter of the insurgency. When the convoy arrived in Luchak, about a half-dozen Taliban fighters opened fire from behind a wall next to a house.
After a 10-minute exchange of fire, the insurgents ran away, the witnesses said. Then, about 10 minutes later, a pair of helicopters appeared in the sky, the villagers said.
Maj. Michael Johnson, a NATO spokesman, said the aircraft was a plane that had come in support of the troops on the ground.
The witnesses said the aircraft fired on the house, killing five men inside. Two Afghans were wounded.
"Afterwards some of the other villagers and I went to the house and we saw a man and woman crying and screaming for the dead," said Khair Mohammed, who lives in Luchak. "It was a very bad scene."
Another villager, Hajji Baz Muhammad, gave a similar account, adding that the Taliban dominated Luchak and often used it to ambush NATO troops. Mr. Muhammad said that the Taliban had decreed that everyone turn off their cellphones after 6 p.m.
"The Taliban have a lot influence here," he said.
Major Johnson said a team had been sent to the area to figure out what happened, but its report was not yet complete. He said it was likely, though, that NATO had killed the civilians. "They feel there is a fair chance that those seven causalities were caused by us," he said.
Most NATO troops in the area are American or British.
More civilians are being killed and wounded now than at any time since the American-led war here began in 2001. The overwhelming majority of civilians are killed by insurgents, according to the United Nations and other aid groups.
Still, the issue is an extremely delicate one between the Afghan and American governments. American and other NATO commanders have sharply restricted the use of airstrikes against insurgents. In most cases, soldiers caught in a firefight may not call in airstrikes to kill insurgents who are hiding in houses in populated areas, unless the NATO soldiers are in danger of being overrun.
On Saturday, President Hamid Karzai of Afghanistan took up the matter with President Obama in an hourlong video teleconference. A statement released afterward by Mr. Karzai's aides said he had given Mr. Obama a letter calling for a "strategic review" of NATO's campaign, based on the "rightful demands of the people of Afghanistan that terrorism cannot be fought in Afghan villages."
In its own statement, the American Embassy said that Mr. Obama and Mr. Karzai discussed a variety of subjects, including civilian casualties. It made no reference to Mr. Karzai's request.
Sharifullah Sahak contributed reporting from Kabul, and an Afghan employee of The New York Times from Helmand Province.
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12) Scissors, Glue, Pencils? Check. Cleaning Spray?
By STEPHANIE CLIFFORD
August 15, 2010
http://www.nytimes.com/2010/08/15/business/economy/15supplies.html?adxnnl=1&ref=us&adxnnlx=1281902406-O+ajLVCH71SOVNUKdJFv7w
When Emily Cooper headed off to first grade in Moody, Ala., last week, she was prepared with all the stuff on her elementary school's must-bring list: two double rolls of paper towels, three packages of Clorox wipes, three boxes of baby wipes, two boxes of garbage bags, liquid soap, Kleenex and Ziplocs.
"The first time I saw it, my mouth hit the floor," Emily's mother, Kristin Cooper, said of the list, which also included perennials like glue sticks, scissors and crayons.
Schools across the country are beginning the new school year with shrinking budgets and outsize demands for basic supplies. And while many parents are wincing at picking up the bill, retailers are rushing to cash in by expanding the back-to-school category like never before.
Now some back-to-school aisles are almost becoming janitorial-supply destinations as multipacks of paper towels, cleaning spray and hand sanitizer are crammed alongside pens, notepads and backpacks.
OfficeMax is featuring items like Clorox wipes in its school displays and is running two-for-one specials on cleaners like gum remover and disinfectant spray. Office Depot has added paper towels and hand sanitizer to its back-to-school aisles. Staples' school fliers show reams of copy paper on sale, while Walgreens' fliers are running back-to-school discounts on Kleenex.
State and local school financing, which make up almost all of public schools' money, is falling because of budget-balancing efforts and lower property- and sales-tax revenue.
"Some of the things that have been historically provided by schools, we're not able to provide at this point," said Barbara A. Chester, president of the National Association of Elementary School Principals.
On the list for pre-kindergartners at McClendon Elementary in Nevada, Tex.: a package of cotton balls, two containers of facial tissue, rolls of paper towels, sheaves of manila and construction paper, and a package of paper sandwich bags.
Pre-kindergartners in the Joshua school district in Texas have to track down Dixie cups and paper plates, while students at New Central Elementary in Havana, Ill., and Mesa Middle School in Castle Rock, Colo., must come to class with a pack of printer paper. Wet Swiffer refills and plastic cutlery are among the requests from St. Joseph School in Seattle. And at Pauoa Elementary School in Honolulu, every student must show up with a four-pack of toilet paper.
For the retailers, back-to-school season is second only to the holidays, and parents' longer school-supply lists are a bonus - especially at a time when shoppers are reluctant to spend. While the impact is not enormous, retailers are looking for anything to lift sales.
"It's newfound business that the retailers didn't have a year or two ago," said Steve Mahurin, executive vice president of merchandising for Office Depot.
The shift is notable even at stores that sell much more than office supplies.
"When I walk through the back rooms of our stores where the layaway orders are stored, not only are you seeing things you expect to see - computers, apparel," said Mark Snyder, chief marketing officer of Kmart, "you're seeing these sort of household supplies that teachers are asking, school systems are asking, kids to now bring."
For several years, the lists have been getting lengthier, but in many parts of the country, educators and retailers say, the economic downturn has also pushed them into uncharted territory. "It's definitely spiked this year," said Bob Thacker, senior vice president of marketing and advertising at OfficeMax.
Many stores have tailored their offerings to reflect the demands of local schools, collecting the back-to-school supply lists and stocking inventory accordingly.
Mr. Thacker said the change had meant bigger orders this summer of things like cleaning supplies and paper towels. "It's just changed the way our merchants buy things for their different areas," he said.
In some places, though, parents being asked to make up depleted school budgets are under budget pressure, too, which has left schools without a clear solution.
Malcolm Thomas, the superintendent of the Escambia County school district on Florida's Gulf Coast, has put supplies like plastic bags, Kleenex and soap under an "optional" category because "we know that people in our community are hurting," he said. He also seeks donations from local businesses.
If those efforts don't bring in enough supplies, it means either his teachers - who start at a salary of $32,500 - usually pay for the supplies themselves, or the district "would probably have to get into cutting personnel if we had to supply absolutely everything," he said.
In Noblesville, Ind., Kristi Smith, 41, a teacher's aide, said she was sympathetic to the cost pressures at her daughters' elementary school, but she also thought the supply list was a little extreme.
"Sometimes I think it's too much," she said. "Is my fourth grader really going to use 50 pencils herself?"
Ms. Cooper, the Alabama mother, spent her summer making the most of the school-supply stores' new interest in classroom supplies. "Each week I go to the stores' Web sites - Staples, OfficeMax, Office Depot," she said, and posts the deals on a blog for fellow bargain hunters. "All three of these major stores are offering jaw-dropping deals every week," she said.
And as overwhelming as it might seem to some parents, she would rather buy the goods than expect Emily's teacher to do so, she said.
"We don't expect Wal-Mart cashiers to buy the plastic bags for our groceries, or the mailman to pay for the gas to deliver our mail," Ms. Cooper said.
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13) A Battle in Mining Country Pits Coal Against Wind
By TOM ZELLER Jr.
August 14, 2010
http://www.nytimes.com/2010/08/15/business/energy-environment/15coal.html?ref=business
ROCK CREEK, W.Va.
LORELEI SCARBRO'S husband, Kenneth, an underground coal miner for more than 30 years, is buried in a small family cemetery near her property here at the base of Coal River Mountain. The headstone is engraved with two roosters facing off, their feathers ruffled. Kenneth, who loved cockfighting, died in 1999, and, Ms. Scarbro says, he would have hated seeing the tops of mountains lopped off with explosives and heavy machinery by mining companies searching for coal.
Critics say the practice, known as "mountaintop removal mining," is as devastating to the local environment as it is economically efficient for coal companies, one of which is poised to begin carving up Coal River Mountain. And that has Ms. Scarbro and other residents of western Raleigh County in a face-off of their own.
Their goal is to save the mountain, and they intend to do so with a wind farm. At least one study has shown that a wind project could be a feasible alternative to coal mining here, although the coal industry's control over the land and the uncertain and often tenuous financial prospects of wind generation appear to make it unlikely to be pursued. That, residents say, would be a mistake.
"If we don't stop this," Ms. Scarbro says, adjusting the flowers on her husband's grave, "one day we'll be standing on a big pile of rock and debris, and we'll be asking, 'What do we do now?' "
For many renewable-energy advocates outside the region, the struggle at Coal River Mountain has become emblematic of an effort across the country to find alternatives to fossil fuels. They have lent money, expertise and high-profile celebrities like Daryl Hannah and James Hansen, the NASA climate scientist, to help residents advance their case for wind power and to make it a test case for others pursuing similar projects nationwide.
The mountain, which is privately owned and leased to coal interests, is also one of the last intact mountaintops in a region whose contours have otherwise been irreversibly altered by extreme surface-mining techniques. Preserving its peaks for a wind farm, plan advocates say, could provide needed job diversification for impoverished towns that otherwise live or die by the fortunes of coal.
Don L. Blankenship, the chief executive of Massey Energy, the largest coal company in West Virginia and the one planning to cut into Coal River Mountain's peaks, has repeatedly called assertions of long- and short-term environmental damage exaggerated.
"There are a lot of misstatements out there," Mr. Blankenship says. "I don't find the environmental damage to be nearly what people say they find it to be, and we're struggling with whether the true objective of all these regulations is to protect the environment, or whether it's simply to stop the mining of coal."
While the odds remain slim that wind power will replace coal mining here, proponents say that changes in state and federal mining regulations could tilt things in their favor.
"We want to make it economically unfeasible to do mountaintop mining," Ms. Scarbro says.
COAL mining of all kinds has long played a vital role in the West Virginia economy, and the state still sits on more than 30 billion tons of coal reserves, according to federal estimates. It produced 158 million tons in 2008, second only to Wyoming, at 468 million. And with roughly half of the United States' electricity derived from coal-fired power plants, the incentive to keep digging here is strong - particularly in the handful of counties in the southwest corner of the state, where a majority of its 20,000 coal-industry jobs are concentrated.
Still, that number is down substantially from a peak of 130,000 jobs in the 1940s, and the decrease suggests less about production than about the rise of mechanized surface mining, including mountaintop removal. The resulting debris - a mixture of rock, dirt and other leftovers known as "spoil" - is dumped into valleys and streams below.
Hundreds of feet of elevation are sometimes removed, with equal amounts of nearby valley filled in, creating a peculiar landscape of high, wide plateaus in various stages of revegetation, encircled by the pointy, forested peaks native to the area.
Outside the industry, mountaintop removal mining has few defenders, and it has come under increasing regulatory scrutiny for its environmental impact. Mining companies, however, value it as a cost-effective way to gain access to coal deposits that otherwise couldn't be reached.
Two studies released this spring by environmental groups, the Natural Resources Defense Council and Appalachian Voices, used aerial and satellite analysis to document at least 500 mountaintops and roughly 1.2 million acres in four states that have been altered by mountaintop removal. The Appalachian Voices report estimated that 352,000 acres and 136 mountains have been affected in West Virginia alone.
Federal and state permits have long been granted for this type of mining, though that appears to be changing. The Environmental Protection Agency signaled this spring that it would be instructing its regional offices to raise the bar for permitting valley fills, which have been linked to increases in potentially hazardous chemicals downstream.
If the guidance is enforced, it could make mountaintop removal mining, at least as it is now practiced, all but impossible - but that remains far from certain.
Coal industry executives and landowners, meanwhile, argue that flattened mountaintops are easier to develop for agriculture, housing, shopping centers or even wind farms.
Massey Energy's Mr. Blankenship - whom detractors often try to portray as a Luciferian overlord of fossil fuel production- relies on what he sees as an elementary cost-benefit analysis when discussing wind power: if you make coal mining more expensive, the cost of electric power goes up.
"If you raise the cost of a kilowatt-hour from a nickel to a quarter, then some American plant producing aluminum, or cars, or whatever, it goes out of business, because you can then put your factories in Asia, where you can get that electricity for a nickel or less," Mr. Blankenship says.
Ms. Scarbro sees things differently. "While I'd be happy if no man ever had to go underground again to mine a lump of coal, I also know that we need it," she says. "We need coal for steel, and we need steel to make wind turbines. But I am 100 percent against mountaintop removal mining."
Shoving aside the coffee table in her living room, Ms. Scarbro - the 55-year-old daughter, granddaughter, mother-in-law and widow of West Virginia coal miners - unfolded a map depicting the three parts of Coal River Mountain that Massey plans to surface-mine. She pointed out her home on the map, near the end of a winding, forested hollow supporting walnut trees, wild ginseng and a variety of fruit trees.
The forests in this part of the state are among the most biologically diverse in the world. Although stressed by two centuries of development, including 100 years of underground coal mining, the steep ridges and valleys still support a staggeringly diverse tree canopy, dozens of herb and mushroom species, plentiful stocks of perch, trout and catfish, a variety of native and migratory birds, a veritable rainbow of salamanders as well as coyotes, deer, black bears and bobcats.
Ms. Scarbro reckons that curbing mountaintop removal, by whatever means, would not only protect some of that diversity - and perhaps help lure more tourists - but would also create more coal jobs, because it would make coal companies go back to more labor-intensive underground mining. That would presumably include an expansion of jobs at Coal River Mountain, which has long been mined from below.
Throw a large wind farm into the mix, Ms. Scarbro says - and perhaps even a turbine factory - and the coal-dependent economies around the mountain might diversify and thrive.
"The problem is, nobody here has any choices," Ms. Scarbro says. "The miners doing mountaintop removal don't have any choices, because they need their jobs to provide for their families. And people like me have no choice but to fight it, because if we don't, nothing will change."
THE idea for a wind project first surfaced in 2006, after David Orr, a professor of environmental studies at Oberlin College in Ohio, approached researchers at the National Renewable Energy Laboratory, part of the Department of Energy, about its analysis of wind potential around the country.
"We were supporting lots of groups trying to stop mountaintop removal and to do remediation at former sites," Professor Orr says. "But we realized that, while that's fine, it's hard to get something done if you're always just against something. So we began looking for alternatives to mountaintop mining."
The lab's wind resource maps showed West Virginia's potential as modest compared with that of blustery states like North Dakota and Montana. And the best wind in the state tended to be in the northeast corner, far from the southern heart of coal country.
Undeterred, Professor Orr reached out to WindLogics, a St. Paul-based company that provides wind resource assessments for utility-scale projects. Using computer modeling, WindLogics produced a detailed assessment of specific sites in West Virginia - including Coal River Mountain - suggesting that the winds atop some peaks even in coal country were strong and steady enough to support a wind farm.
By 2008, those models had been folded into an economic comparison between future surface mining at Coal River Mountain and the proposed placement of a 164-turbine, 328-megawatt wind farm along its spine. The analysis - which Professor Orr, the Sierra Club and other groups helped finance on behalf of Coal River Mountain Watch, a community group in the once-bustling town of Whitesville - found that the energy potential of the mountain's coal, and the royalties that would accrue to companies owning land there, vastly outstripped anything a wind farm could replicate, at least in the short term.
The longer view, however, seemed to argue strongly for a wind farm.
Using wind turbine tax rules established by the state in 2007, the researchers calculated that a wind farm of the size proposed for Coal River Mountain would generate $1.74 million in annual tax revenue for Raleigh County. That's roughly equal to the total coal taxes the county collected for the 2007-2008 fiscal year, according to the state auditor.
The portion of added tax revenue that would arise from surface mining Coal River Mountain was estimated at $36,000 a year for the next 17 years, at which point the resource would be exhausted. But a wind farm could keep generating revenue indefinitely for the county. It would also generate several hundred construction jobs, and several dozen permanent maintenance jobs.
Luring a turbine production plant while continuing to mine coal underground could generate more than 1,000 jobs, the report found. And Rory McIlmoil, a former member of Coal River Mountain Watch and now a project manager for the energy and climate-change practice at Downstream Strategies, which produced the economic analysis, said that despite the coal industry's protestations to the contrary, a decapitated Coal River Mountain would no longer be suitable for wind development.
"If you decrease the elevation, you decrease the wind resource," he said. "There would be no more utility-scale wind up there."
The real world, of course, presents other complications. Wind power, for example, currently cannot compete with cheap coal without substantial subsidies. And if one aim of wind development is to reduce carbon dioxide emissions, even the authors of the Coal River economic study noted that there were more economical ways to do it. A 2008 study found that at some Texas wind projects, the cost of the subsidies exceeded the value of the emissions that were being offset.
Wind turbines also have environmental impacts - including the roads needed to gain access to the mountaintops, the trees that would have to be stripped away for giant turbine footprints and the inevitable number of birds and bats that would be bludgeoned by 164 mountaintop Cuisinarts. Many communities in West Virginia - and across the country - have been beating back wind projects they see as a blight on wide-angle views and, with the repetitive thrum of the turning blades and their strobelike effect on daylight passing through them, psychological torture for those living nearby.
Echoing the decadelong court battles that nearly derailed a major offshore wind project off Cape Cod in Massachusetts, citizens of Greenbrier County, W.Va., represented by a group called Mountain Communities for Responsible Energy, battled a proposed wind farm there for more than five years, citing negative impacts on property values, threats to birds, and other downsides.
A United States District Court brokered a compromise in January that would allow a small part of the project to proceed - though on its Web site, the group says it remains "convinced that massive installation of industrial wind turbines on forested ridges will create more problems than it will solve."
DAVID POLLITT, owner of the Rowland Land Company, the largest of the property owners on Coal River Mountain, says he has nothing against wind farms in principle, but adds that he believes the technology is too expensive, too undeveloped and too rife with its own environmental objections to be viable. In any case, until mountaintop removal is banned, he says leasing his land to coal developers is simply too profitable not to do.
"Certainly if it came to a point in time where the companies we have it leased to say they don't need the surface, then we can look at alternatives," Mr. Pollitt says. "And if there ever comes a point in time where they completely outlaw surface mining, we'd certainly look at alternatives. We'd look at anything that would generate income for us."
For now, though, that's likely to remain coal, and Massey Energy has already begun blasting on one corner of Coal River Mountain.
"I do believe that people who own property, if they conduct the use of that property in a manner that doesn't bother other people and doesn't impact water and so forth in a meaningful way, have a right to the use of that property," says Mr. Blankenship, Massey's C.E.O. He adds that sooner or later, environmentalists, wind advocates and government regulators will drive electricity costs so high that they will see their folly.
"At some point in time, hardship or pragmatism or truth will take over, and jobs and schools and communities will become more important," he says.
Despite all of this, advocates for the wind facility continue to travel to Charleston, the state capital - and to Washington.
And the cause for a wind farm here has also been taken up by a Who's Who of environmental celebrities. Ashley Judd, an opponent of mountaintop mining, has championed renewable energy development in the region. Mr. Hansen, the NASA climate scientist, joined Ms. Hannah, the actress and environmentalist, at a rally in Raleigh County last summer. They spoke to a crowd of several hundred about the ravages of mountaintop removal and the virtues of renewable energy.
Not everyone in the community agreed, and local miners and their families, who see the movement against mountaintop removal mining as a threat to their livelihoods, repeatedly shouted them down. Mr. Hansen and Ms. Hannah were among 30 people arrested after the rally, accused of blocking traffic outside a Massey preparation plant.
In Raleigh County, local officials have given a polite hearing to the Coal River wind proposal, but say they should not be made to choose between industries.
Some advocates express hope that a wealthy benefactor might someday sweep in and buy the land from Rowland, providing an avenue for wind development. Ms. Scarbro and the authors of the wind project study suggested that Gov. Joe Manchin III of West Virginia could use his administration's executive powers to rescind Massey's surface-mine permits on the mountain.
But Governor Manchin says such a move is pure fantasy. "People believe that just because you're the governor you can do anything," he says. "They think that with just a stroke of the pen I can tell them to do this or that."
Nonetheless, in a visit to the state capital last fall, Ms. Scarbro, flanked by demonstrators holding signs reading "Yes, Wind," implored him to intervene.
"What we're trying to do is find balance - you know that," the governor told the protesters in an exchange captured on YouTube. "I mean, it's tough to find balance in an extraction state."
Ms. Scarbro, invoking West Virginia's official state nickname, replied, "We're the Mountain State, not the extraction state."
Ben Werschkul contributed reporting from Whitesville, W.Va.
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