Tuesday, April 22, 2014

BAUAW NEWSLETTER: WEDNESDAY, APRIL 23, 2014


Native American Shuts Up Anti-immigration demonstrators 

https://www.youtube.com/watch?v=OYfek6ydf3M




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 ACT NOW! OUR CITY, OUR HOMES!

 Join us to say YES to fair rents!
NO MORE evictions and predatory speculation!
There will be interactive activities!

 SATURDAY, APRIL 26, 2014, 12:00 - 3:00 P.M.
CIVIC CENTER (In front of City Hall)

 Sponsored by: San Francisco Anti-Displacement Coallition

 *Labor Donated

 For more information, please visit: sfadc.wordpress.com or email: SFACDoalition@gmail.com


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FROM MARIKANA, SOUTH AFRICA TO OAKLAND, CA:
THE STRUGGLE FOR WORKERS POWER

The fall of apartheid in South Africa in 1994 was a watershed victory. It culminated decades of struggle by the Black and Colored South African masses, a struggle supported by millions in the U.S. and around the world. The victory brought to power the Tripartite government of the African National Congress (ANC), the South African Communist Party (SACP), and the Congress of South African Trade Unions (COSATU).

Now, two decades later, the ANC-led Tripartite government represents big business's interests — especially the interests of U.S. and European-based banks and corporations. This has led the government to brutally attack workers who fight back against austerity. Indeed, in 2012, at the Marikana mine, this government massacred 34 striking miners at the behest of the mine owners.

Black poverty has worsened. Inequality has worsened. Trade union officials collaborate with employers against workers, youth, and unemployed. Does this sound familiar? Isn't the situation similar in the US, with union officials not fighting employer and government attacks on workers, like the machinists at Boeing?

But in South Africa, there's an exciting new development: for the first time since the fall of Apartheid, there's a serious challenge to the Tripartite government's rule, and it comes from the largest and most militant union in Africa. The National Union of Metalworkers of South Africa (NUMSA) has broken with the COSATU leadership and called for South Africans not to support the ANC in this year's elections. It is currently building a workers' party and united front to lead the struggle against the capitalist onslaught of deregulation, privatization, and strike breaking.

We are privileged to present  Brother Mphumzi Maqungo,  the national treasurer of NUMSA and past chair of NUMSA's autoworker shop steward network, to discuss these developments.

Thursday, May 1st, 7:00 p.m.
ILWU Hall, Henry Schmidt Room
400 N. Point St./Mason, San Francisco

Friday, May 2, 12 Noon at UC Berkeley, McCone Hall (Room  575)
Saturday, May 3rd, 2pm. Black Repertory Theater; 3201 Adeline,
Berkeley (one block south of Ashby BART)

For updates or to get involved in building for these events, contact the May Day Committee in Solidarity with South African Workers
at: twscltransportworkers.org. Reach us directly at  (510)325-8664  or  (415)282-1908

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Please hold the date and attend…

A Celebration of Life and Struggle
Free Mumia Abu-Jamal!
Welcome Home Lynne Stewart!
Free all political prisoners! End racist mass incarceration! Abolish the death penalty! Stop police brutality and murder!

Join Lynne Stewart and Pam Africa Sunday, May 4, 6 pm reception; 7pm rally

Humanist Hall, 390 27th Street, between Broadway and Telegraph, Oakland
Donation $10

Initial Bay Area Tour Schedule:
Friday, May 2: San Francisco, Host: National Lawyers Guild, 6 pm 518 Valencia St., SF
Saturday, May 3, Palo Alto, Host: Peninsula Peace and Justice Center, afternoon
Saturday, May 3, San Jose, Host, San Jose Peace and Justice Center & NLG South Bat, evening
Sunday, May 4, Oakland, Host: Mobilization to Free Mumia Abu-Jamal & Lynne Stewart Defense Committee
Monday, May 5: Marin, evening
Tuesday, May 6: Sacramento, evening

Sponsors:
Mobilization to Free Mumia Abu-Jamal & Lynne Stewart Defense Committee

510-268-9429   jmackler@lmi.net
Tour endorsers (initial list): SF Bay Area National Lawyers Guild • Middle East Children’s Alliance • United National Antiwar Coalition • Labor Action Committee to Free Mumia Abu-Jamal • World Can’t Wait • Freedom Socialist Party • Marin Peace and Justice Center • Peninsula Peace and Justice Center • Sacramento Area Peace Council • WILPF • SF Gray Panthers • Socialist Action • International Action Center • Freedom Archives

— This message sent to you by: The Labor Action Committee to Free Mumia Abu-Jamal --

Lynne Stewart's release from prison was the result of great public support, an international petition campaign, and persistence by her husband. This victory for a political prisoner, as well as the release of political prisoner Marshall Eddie Conway after 44 years in prison; political prisoner Maroon Shoatz's transfer from solitary confinement to general prison population, inspires our efforts to free all political prisoners.

The exoneration of innocent death row prisoner, Glen Ford, just before the state of Louisiana was set to execute him, is another blow to the existence of the racist death penalty. And the massive hunger strikes organized by prisoners, including undocumented detainees, in California, Washington, Texas and Georgia are an example of resistance to prisoners and workers everywhere. 

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Bay Area United Against War Newsletter

Table of Contents:
A. ARTICLES IN FULL
B. EVENTS AND ACTIONS
C. SPECIAL APPEALS AND ONGOING CAMPAIGNS
D. VIDEO, FILM, AUDIO. ART, POETRY, ETC.

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A. ARTICLES IN FULL
(Unless otherwise noted)

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1) 50 Years Into the War on Poverty, Hardship Hits Back
By




2) Auto Workers Union Drops Appeal in VW Vote
"Leaked documents showed that Mr. Haslam’s administration offered nearly $300 million in incentives to bring the new S.U.V. line to Chattanooga, but said that money would be contingent on the plant remaining non-union."
By




3) Rubin (Hurricane) Carter, Boxer Whose Murder Convictions Were Overturned, Dies at 76
By SELWYN RAAB





4) The Richer You Are the Older You’ll Get
By Josh Zumbrun
April 18, 2014
http://blogs.wsj.com/economics/2014/04/18/the-richer-you-are-the-older-youll-get/




5) Wage Theft Across the Board
By




6) U.S. Drones and Yemeni Forces Kill Qaeda-Linked Fighters, Officials Say
By




7) Looking at Costs and Risks, Many Skip Health Insurance
By




8) Beleaguered Albuquerque Department Reports Another Fatal Shooting by Police
By TRIP JENNINGS and




9) Even With Dying Boxer’s Appeal, a Tough Road Ahead for Convicted Man
By





10) Thousands More Inmates Eligible for Clemency Under Justice Dept. Plan
By MATT APUZZO




11) Should a Chimp Be Able to Sue Its Owner?
By CHARLES SIEBERT




















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1) 50 Years Into the War on Poverty, Hardship Hits Back
By

TWIN BRANCH, W.Va. — When people visit with friends and neighbors in southern West Virginia, where paved roads give way to dirt before winding steeply up wooded hollows, the talk is often of lives that never got off the ground.

“How’s John boy?” Sabrina Shrader, 30, a former neighbor, asked Marie Bolden one cold winter day at what Ms. Bolden calls her “little shanty by the tracks.”

“He had another seizure the other night,” Ms. Bolden, 50, said of her son, John McCall, a former classmate of Ms. Shrader’s. John got caught up in the dark undertow of drugs that defines life for so many here in McDowell County, almost died of an overdose in 2007, and now lives on disability payments. His brother, Donald, recently released from prison, is unemployed and essentially homeless.“It’s like he’s in a hole with no way out,” Ms. Bolden said of Donald as she drizzled honey on a homemade biscuit in her tidy kitchen. “The other day he came in and said, ‘Ain’t that a shame: I’m 30 years old and carrying my life around in a backpack.’ It broke my heart.”

McDowell County, the poorest in West Virginia, has been emblematic of entrenched American poverty for more than a half-century. John F. Kennedy campaigned here in 1960 and was so appalled that he promised to send help if elected president. His first executive order created the modern food stamp program, whose first recipients were McDowell County residents. When President Lyndon B. Johnson declared “unconditional war on poverty” in 1964, it was the squalor of Appalachia he had in mind. The federal programs that followed — Medicare, Medicaid, free school lunches and others — lifted tens of thousands above a subsistence standard of living.

But a half-century later, with the poverty rate again on the rise, hardship seems merely to have taken on a new face in McDowell County. The economy is declining along with the coal industry, towns are hollowed out as people flee, and communities are scarred by family dissolution, prescription drug abuse and a high rate of imprisonment.

Fifty years after the war on poverty began, its anniversary is being observed with academic conferences and ideological sparring — often focused, explicitly or implicitly, on the “culture” of poor urban residents. Almost forgotten is how many ways poverty plays out in America, and how much long-term poverty is a rural problem.

Of the 353 most persistently poor counties in the United States — defined by Washington as having had a poverty rate above 20 percent in each of the past three decades — 85 percent are rural. They are clustered in distinct regions: Indian reservations in the West; Hispanic communities in the Rio Grande Valley of Texas; a band across the Deep South and along the Mississippi Delta with a majority black population; and Appalachia, largely white, which has supplied some of America’s iconic imagery of rural poverty since the Depression-era photos of Walker Evans.

McDowell County is in some ways a place truly left behind, from which the educated few have fled, leaving almost no shreds of prosperity. But in a nation with more than 46 million people living below the poverty line — 15 percent of the population — it is also a sobering reminder of how much remains broken, in drearily familiar ways and utterly unexpected ones, 50 years on.

A Scarred Landscape

Much of McDowell County looks like a rural Detroit, with broken windows on shuttered businesses and homes crumbling from neglect. In many places, little seems to have been built or maintained in decades.

Numbers tell the tale as vividly as the scarred landscape. Forty-six percent of children in the county do not live with a biological parent, according to the school district. Their mothers and fathers are in jail, are dead or have left them to be raised by relatives, said Gordon Lambert, president of the McDowell County Commission.

Beginning in the 19th century, the rugged region produced more coal than any other county in West Virginia, but it got almost none of the wealth back as local investment. Of West Virginia’s 55 counties, McDowell has the lowest median household income, $22,000; the worst childhood obesity rate; and the highest teenage birthrate.

It is also reeling from prescription drug abuse. The death rate from overdoses is more than eight times the national average. Of the 115 babies born in 2011 at Welch Community Hospital, over 40 had been exposed to drugs.

Largely as a consequence of the drug scourge, a problem widespread in rural America, the incarceration rate in West Virginia is one of the highest in the country.

“Whole families have been wiped out in this county: mother, father, children,” said Sheriff Martin B. West.

“These are good people, good families,” Sheriff West, an evangelical pastor, said of his lifelong neighbors. “But they get involved with drugs, and the next thing you know they’re getting arrested.”

The sheriff’s wife, Georgia Muncy West, has a historical link to the war on poverty. Her parents, Alderson and Chloe Muncy, were the first beneficiaries of the modern food stamp program, traveling to Welch to collect $95 in coupons. Ms. West, one of 15 children, said that unlike many current families, hers remained intact even through the leanest times. She went to work the Monday after she graduated from high school, sent her two children to college and served on the county school board.

As coal mining jobs have declined over half a century, there has been a steady migration away from the mountains. McDowell County’s population is just 21,300, down from 100,000 in the 1950s. Those who stayed did not have the education or skills to leave, or remained fiercely attached to the hollows and homes their families had known for generations.

Alma and Randy McNeely, both 50, tried life in Tennessee. But they returned to McDowell County to be close to their large extended family.

The couple married when they were 16. In a family photo album, Ms. McNeely appears in her white wedding dress as if headed to the junior prom. Turning the album’s pages for a visitor, she apologized for its lack of captions. “Mama couldn’t write, so, you know, there ain’t no names in it,” she said.

Ms. McNeely, whose long, dark hair is gathered behind, is known as Maw for being a surrogate mother to many in Hensley, a dot of a community. Her home is a few small rooms under a metal roof, clinging to a hillside.

Her husband worked in sawmills before a back injury in 1990. His disability payments, some $1,700 a month, are the family’s only income.

After marrying, the couple had two children. Their daughter, Angela, gave birth at 14 and was expelled from a Christian school, her mother said. Now, Ms. McNeely is raising Angela’s daughter, Emalee Short, who is 15.

A high school sophomore, Emalee dreams of being a veterinarian or maybe a marine biologist. The house and yard ring with the yelps of a dozen Chihuahuas and other small dogs, some of them strays dropped off by neighbors.

A confident teenager in a “Twilight” T-shirt, Emalee is enrolled in Upward Bound, the federal program that offers Saturday classes and summer school for bright students aspiring to college. “I want to be one of the ones who gets out of here,” she said. “I don’t want people to talk about me” — meaning the recitation of damaged young lives that is a regular part of catching up.

Another photo in the album shows Randy Jr., the McNeelys’ son, known as Little Man. Little Man dropped out of high school six months shy of graduation, “with me sitting here crying,” Ms. McNeely said. He has been in and out of jail but is one of the lucky ones who have found work, at a junkyard run by a family friend.

Although Ms. McNeely encourages her granddaughter to aim for college, which would mean leaving McDowell County, she said that “her other mommy and daddy” — meaning Emalee’s biological parents — “and all her aunts and uncles, they don’t want her to go.”

“They’re scared she’s going to get hurt,” Ms. McNeely said.

Food Stamps and Coal

Many in McDowell County acknowledge that depending on government benefits has become a way of life, passed from generation to generation. Nearly 47 percent of personal income in the county is from Social Security, disability insurance, food stamps and other federal programs.

But residents also identify a more insidious cause of the current social unraveling: the disappearance of the only good jobs they ever knew, in coal mining. The county was always poor. Yet family breakup did not become a calamity until the 1990s, after southern West Virginia lost its major mines in the downturn of the American steel industry. The poverty rate, 50 percent in 1960, declined — partly as a result of federal benefits — to 36 percent in 1970 and to 23.5 percent in 1980. But it soared to nearly 38 percent in 1990. For families with children, it now nears 41 percent.

Today, fewer than one in three McDowell County residents are in the labor force. The chief effort to diversify the economy has been building prisons. The most impressive structure on Route 52, the twisting highway into Welch, is a state prison that occupies a former hospital. There is also a new federal prison on a mountaintop. But many residents have been skipped over for the well-paying jobs in corrections: They can’t pass a drug test.

Sheriff West, a former coal miner who presided over a magistrate court before he was elected sheriff in 2012, said the region’s ills traced back to many failures by elected officials, including local politicians who governed by patronage and state leaders in Charleston, the capital, who took the county’s solidly Democratic voters for granted and never courted them with aid.The sheriff and other members of McDowell County’s small elite are not inclined to debate national poverty policy. They draw conclusions from what is in front of them.

“Our politicians never really did look ahead in this county for when coal wouldn’t be king,” Sheriff West said. “Therefore, we’ve fallen flat on our face.”

Returning for Neighbors

Not everyone with an education and prospects has moved away. McDowell County has a small professional class of people fighting long odds to better a place they love. Florisha McGuire, who grew up in War, which calls itself West Virginia’s southernmost city, returned to become principal of Southside K-8 School.

For Ms. McGuire, 34, the turning point in the town’s recent history was the year she left for college, 1997, when many of the 17-year-olds who stayed behind graduated from beer and marijuana to prescription pill abuse.

Many of the parents of the children in her school today are her former classmates. In some, emaciated bodies and sunken eyes show the ravages of addiction. “I had a boy in here the other day I went to high school with,” she said. “He had lost weight. Teeth missing. You can look at them and go, ‘He’s going to be the next to die.’ ”

Ms. McGuire, who grew up in poverty — her father did not work and died of lung cancer at 49; her mother had married at 16 — was the first in her family to attend college. On her first morning at Concord University in Athens, W.Va., about 50 miles from War, her roommate called her to breakfast. Ms. McGuire replied that she didn’t have the money. She hadn’t realized her scholarship included meals in a dining hall.

“I was as backward as these kids are,” she said in the office of her school, one of few modern buildings in town. “We’re isolated. Part of our culture here is we tend to stick with our own.” In her leaving for college, she said, “you’d think I’d committed a crime.”

As the mother of a 3-year-old girl, she frets that the closest ballet lesson or soccer team is nearly two hours away, over the state line in Bluefield, Va. But she is committed to living and working here. “As God calls preachers to preach, he calls teachers to certain jobs,” she said. “I really believe it is my mission to do this and give these kids a chance.”

Ms. McGuire described War as almost biblically divided between forces of dark and light: between the working blue- and white-collar residents who anchor churches, schools and the city government, and the “pill head” community. As she drove down the main street, past municipal offices with the Ten Commandments painted in front, she pointed out the signs of a once-thriving town sunk into hopelessness. The abandoned American Legion hall. A pharmacy with gates to prevent break-ins. The decrepit War Hotel, its filthy awning calling it “Miner’s City,” where the sheriff’s department has made drug arrests.

When coal was king, there were two movie theaters and a high school, now closed. “Everybody worked,” Ms. McGuire said.

She turned up Shaft Hollow, where many people live in poorly built houses once owned by a coal company, their roofs sagging and the porches without railings. At the foot of Shop Hollow, a homemade sign advertised Hillbilly Fried Chicken. Another pointed the way to the True Light Church of God in Jesus Name. “This is one of the most country places, but I love these people,” Ms. McGuire said. She said it was a bastion of Pentecostal faith, where families are strict and their children well behaved.

She and others who seek to lift McDowell County have attracted some outside allies. Reconnecting McDowell, led by the American Federation of Teachers union, is working to turn schools into community centers offering health care, adult literacy classes and other services. Its leaders hope to convert an abandoned furniture store in Welch to apartments in order to attract teachers.

“Someone from Indiana or Pennsylvania, they’re not going to come to McDowell County and live in a house trailer on top of a mountain,” said Bob Brown, a union official.

Another group, the West Virginia Healthy Kids and Families Coalition, is working to create a home visitation service to teach new parents the skills of child-rearing.

Sabrina Shrader, the former neighbor of Marie Bolden in Twin Branch, has spoken on behalf of the group to the State Legislature and appeared before a United States Senate committee last year. Ms. Shrader, who spent part of her youth in a battered women’s shelter with her mother, earned a college degree in social work.

“It’s important we care about places like this,” she said. “There are kids and families who want to succeed. They want life to be better, but they don’t know how.”


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2) Auto Workers Union Drops Appeal in VW Vote
"Leaked documents showed that Mr. Haslam’s administration offered nearly $300 million in incentives to bring the new S.U.V. line to Chattanooga, but said that money would be contingent on the plant remaining non-union."
By

The United Automobile Workers union unexpectedly announced Monday that it was dropping its effort to force a new unionization vote at the Volkswagen plant in Chattanooga, Tenn.

Bob King, the U.A.W.'s president, said his union was basing its decision on the belief that the National Labor Relations Board’s adjudication process in the dispute “could drag on for months or even years.”

The union lost a vote at the plant in February, 712 to 626, and soon afterward it asked the labor board to order a new election, asserting that anti-union statements and threats by Tennessee lawmakers had prevented a fair election.

The vote was a major blow to the U.A.W. because Volkswagen, unlike most American companies faced with unionization drives, was not even opposing the effort. If the union had won the vote, the plant would have become the first foreign-owned auto factory in the South to be unionized, and many said it could pave the way to unionizing the Daimler-Benz plant in Vance, Ala., and the BMW plant in Spartanburg, S.C.

The U.A.W. announced it was dropping its appeal on the same day that the Atlanta regional director of the labor board was scheduled to begin a hearing in Chattanooga to take evidence on whether the lawmakers had indeed prevented a fair unionization vote.

The Republican lawmakers whom the U.A.W. blamed for its loss said the union’s effort to overturn the election was a case of sour grapes and a refusal by the union to own up to its failure to win majority support at the three-year-old plant.

The U.A.W. asserted that Governor Bill Haslam had poisoned the election atmosphere by threatening not to provide additional subsidies to the assembly plant if the workers voted to unionize. In addition, the union asserted that Senator Bob Corker, a former mayor of Chattanooga, had improperly sought to influence the election by saying that VW officials had told him that they would bring a second production line to the plant if the workers voted against unionizing. Both Mr. Haslam and Mr. Corker are Republicans.

Mr. Haslam’s office said he did not make any improper threats against the U.A.W., and Mr. Corker has repeatedly maintained that all he was saying at the time of the election was the truth.

In a news release, Mr. King said, “The unprecedented political interference by Governor Haslam, Senator Corker and others was a distraction for Volkswagen employees and a detour from achieving Tennessee’s economic priorities. The U.A.W. is ready to put February’s tainted election in the rearview mirror and instead focus on advocating for new jobs and economic investment in Chattanooga.”

Gary Casteel, the union’s director for the South, said on Monday that the U.A.W.'s priority was to press Volkswagen to create more jobs in Tennessee by adding a new line at the Chattanooga plant for sport utility vehicles.

Leaked documents showed that Mr. Haslam’s administration offered nearly $300 million in incentives to bring the new S.U.V. line to Chattanooga, but said that money would be contingent on the plant remaining non-union.

In explaining its decision to drop the effort, the U.A.W. cited the refusal by Mr. Haslam and Mr. Corker to take part in the N.L.R.B.'s hearing.

Some Volkswagen officials seemed quietly in favor of unionization because it would have helped them set up a German-style works council, a group of white-collar and blue-collar workers who help shape a plant’s policies.

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3) Rubin (Hurricane) Carter, Boxer Whose Murder Convictions Were Overturned, Dies at 76
By SELWYN RAAB

Rubin (Hurricane) Carter, a star prizefighter whose career was cut short by a murder conviction in New Jersey and who became an international cause célèbre while imprisoned for 19 years before the charges against him were dismissed, died on Sunday morning at his home in Toronto. He was 76.

The cause of death was prostate cancer, his friend and onetime co-defendant, John Artis, said. Mr. Carter was being treated in Toronto, where he had founded a nonprofit organization, Innocence International, to work to free prisoners it considered wrongly convicted.

Mr. Carter was convicted twice on the same charges of fatally shooting two men and a woman in a Paterson, N.J., tavern in 1966. But both jury verdicts were overturned on different grounds of prosecutorial misconduct.

The legal battles consumed scores of hearings involving recanted testimony, suppressed evidence, allegations of prosecutorial racial bias — Mr. Carter was black and the shooting victims were white — and a failed prosecution appeal to the United States Supreme Court to reinstate the convictions.

Mr. Carter first became famous as a ferocious, charismatic, crowd-pleasing boxer who was known for his shaved head, goatee, glowering visage and devastating left hook. He narrowly lost a fight for the middleweight championship in 1964.

He attracted worldwide attention during the roller-coaster campaign to clear his name of murder charges. Amnesty International described him as a “prisoner of conscience” whose human rights had been violated. He portrayed himself as a victim of injustice who had been framed because he spoke out for civil rights and against police brutality.

A defense committee studded with entertainment, sports, civil rights and political personalities was organized. His cause entered the realm of pop music when Bob Dylan wrote and recorded the song “Hurricane,” which championed his innocence and vilified the police and prosecution witnesses. It became a Top 40 hit in 1976.

Mr. Carter’s life was also the subject of a 1999 movie, “The Hurricane,” in which he was played by Denzel Washington, who was nominated for an Academy Award for the performance. The movie, directed by Norman Jewison, was widely criticized as simplistic and rife with historical inaccuracies.

A more complex picture was provided in accounts by Mr. Carter’s relatives and supporters, and by Mr. Carter himself in his autobiography, “The 16th Round,” published in 1974 while he was in prison. He attracted supporters even when his legal plight seemed hopeless, but he also alienated many of them, including his first wife.

With a formal education that ended in the eighth grade in a reform school, Mr. Carter survived imprisonment and frequent solitary confinement by becoming a voracious reader of law books and volumes of philosophy, history, metaphysics and religion. During his bleakest moments, he expressed confidence that he would one day be proved innocent.

“They can incarcerate my body but never my mind,” he told The New York Times in 1977, shortly after his second conviction.

Troubled From the Start

Rubin Carter was born on May 6, 1937, in Clifton, N.J., and grew up nearby in Passaic and Paterson. His father, Lloyd, and his mother, Bertha, had moved there from Georgia. To support his wife and seven children, Lloyd Carter worked in a rubber factory and operated an ice-delivery service in the mornings.A deacon in the Baptist church, his father was also a disciplinarian. He put Rubin to work cutting and delivering ice at age 8, and when he learned that Rubin, at 9, and some other boys had stolen clothing from a Paterson store, he turned his son in to the police. Rubin was placed on two years’ probation.

A poor student and troubled from the start, Rubin was placed in a school for unruly pupils when he was in the fourth grade. At 11, after stabbing a man, he was sent to the Jamesburg State Home for Boys (now called the New Jersey Training School for Boys). He said he had acted in self-defense after the man had made sexual advances and tried to throw him off a cliff. At Jamesburg, guards frequently beat and abused him, he wrote in his autobiography.

After six years in detention he escaped and made his way to an aunt’s home in Philadelphia, where he enlisted in the Army. Recruitment officers apparently accepted his word that he had grown up in Philadelphia and made no inquiries in New Jersey, where he was wanted as a fugitive.

Thriving in the Army, Mr. Carter became a paratrooper in the 101st Airborne Division in Germany and put on boxing gloves for the first time. He found he enjoyed associating with boxers. “They were strong, honest people, hardworking and equally hard-fighting,” he recalled. “There were no complications there whatsoever, no tensions, no fears.”

He won 51 bouts, 35 by knockouts, while losing only five. He became the Army’s European light-welterweight champion.

Mr. Carter also took speech therapy courses and overcame his stutter. He became interested in Islamic studies. Although he never formally converted, he sometimes used the Muslim name Saladin Abdullah Muhammad. Honorably discharged, he returned to Paterson in 1956 and took a job as a tractor-trailer driver. But the authorities tracked him down and arrested him for his escape from the reform school before he had joined the Army. He was sentenced to 10 months at the Annandale Reformatory for youthful offenders.

Shortly after his release, in 1957, he was charged with snatching a woman’s purse and assaulting a man on a Paterson street. He said he had been drinking. He served four years in Trenton State Prison, where “quiet rage became my constant companion,” he wrote. He also rekindled his interest in boxing and attracted the attention of fight managers.

On Sept. 22, 1961, a day after his release from prison, he fought his first professional fight, winning a four-round decision for a $20 purse. “I was in my element now,” he wrote. “Fighting was the pulse beat of my heart and I loved it.”

Mr. Carter was an instant success and became a main-event headliner. With a powerful left hook, he was more of a puncher than a stylist, winning 13 of his first 21 fights by knockouts.

Showman in the Ring

Promoters capitalized on his criminal record as a box-office lure, suggesting that prison had transformed him into a terrifying fighter. One promoter nicknamed him Hurricane, describing him in advertisements as a raging, destructive force.

Mr. Carter was a showman in the ring. Solidly built at 5-foot-8 and about 155 pounds, he would enter in a hooded black velvet robe trimmed with metallic gold thread, the image of a crouching black panther on the back.

He also made sure he was noticed on the streets of Paterson, where he had returned to live. He dressed in custom-tailored suits and drove a black Cadillac Eldorado with “Rubin Hurricane Carter” engraved in silver letters on each side of the headlights. In 1963 he married Mae Thelma Basket.

Mr. Carter’s biggest victory came in Pittsburgh in December 1963, when he knocked out Emile Griffith, the welterweight champion, who was trying to move into the middleweight division for a crack at its world title. A year later, at the peak of his career, Mr. Carter battled the reigning middleweight champion, Joey Giardello, for the title in Philadelphia, Mr. Giardello’s hometown. He lost a close decision.

Mr. Carter received unfavorable attention when an article in The Saturday Evening Post in 1964 suggested that he was a black militant who believed that blacks should shoot at the police if they felt they were being victimized. He denied he had expressed that view. It was around this time that the police began harassing him, he said. One night, when his Cadillac broke down in Hackensack, he was jailed for several hours without being charged with a crime.

Before bouts, the police compelled him to be fingerprinted and photographed for their files on the ground that he was a convicted felon. He discovered that the Federal Bureau of Investigation had opened a file on him and was tracking his movements.

On the night of June 16 and the early morning of June 17, 1966, while his wife and their 2-year-old daughter, Theodora, were at home, Mr. Carter visited several bars in Paterson, winding up at one called the Night Spot.

A half-mile away, about 2:30 a.m., two black men entered the Lafayette Grill and killed two white men and a white woman in a barrage of shotgun and pistol blasts. The police immediately suspected that the shootings were in retaliation for the shotgun murder that night in Paterson of a black tavern owner by the former owner, who was white.

Mr. Carter had encountered John Artis, a casual acquaintance, that night and was giving him a lift home when they were stopped by the police. They said Mr. Carter’s leased white Dodge sedan resembled the murderers’ getaway car. Except for being black, neither Mr. Carter nor Mr. Artis matched the original descriptions of the killers. They were released after both passed lie detector tests and a patron who had been wounded in the Lafayette Grill failed to identify them. But they remained under suspicion.

On Aug. 6, 1966, in Rosario, Argentina, Mr. Carter lost a 10-round decision to Rocky Rivero. It was his last fight. His record would remain 27 wins (20 by knockout), 12 losses and one draw. Two months later, he and Mr. Artis were charged with the three murders.

Burglars Testify

At their trial in 1967, three alibi witnesses placed them elsewhere at the time of the killings. They were nonetheless convicted, primarily on the evidence of Alfred P. Bello and Arthur D. Bradley, two white prosecution witnesses with long criminal records. Mr. Bello testified that he saw both defendants leave the tavern with guns in their hands; Mr. Bradley identified only Mr. Carter.

Both witnesses admitted that they were in the vicinity of the Lafayette Grill at the time of the murders because they were trying to burglarize a factory nearby.

The prosecution offered no motive for the slayings.

Facing the possibility of death sentences, Mr. Carter received 30 years to life and Mr. Artis 15 years to life. Their appeals were denied unanimously by the New Jersey Supreme Court.

Back in prison, a defiant Mr. Carter refused to wear a uniform or work at institutional jobs. He ate in his cell, sustained by canned food and soup that he heated with an electric coil. He scoured the trial record and law books and typed out unsuccessful briefs for a new trial.

Mr. Carter also lost his vision in his right eye after an operation on a detached retina, a condition he attributed to inadequate treatment in a prison hospital. His celebrity boxing background and his outspoken contempt for prison rules made him a hero to many inmates. The prison authorities credited him with trying to calm down rioters at Rahway State Prison in 1971, and one prison guard reportedly said Mr. Carter had saved his life.

Witnesses RecantBy 1974, Mr. Carter’s prospects for a new trial seemed hopeless. But that summer the New Jersey Public Defender’s Office and The New York Times independently obtained recantations from Mr. Bello and Mr. Bradley. Both men asserted that detectives had pressured them into falsely identifying Mr. Carter and Mr. Artis.

Moreover, it was revealed that the prosecution had secretly promised leniency to the two witnesses regarding their own crimes in exchange for their cooperation in the Carter case.

Based on the recantations and the new information, the New Jersey Supreme Court overturned the guilty verdicts in 1976. Overnight, Mr. Carter was hailed as a civil rights champion, with a national defense committee working on his behalf and fund-raising concerts headlined by Mr. Dylan at Madison Square Garden and the Houston Astrodome; the Garden concert also included Joni Mitchell, Joan Baez and Roberta Flack. Muhammad Ali attended a pretrial hearing in Paterson in 1976 to show his support for Mr. Carter.

At a second trial, in December 1976, a new team of Passaic County prosecutors resuscitated an old theory, charging that the defendants had committed the Lafayette Grill murders to exact revenge for the earlier killing of the black tavern owner. Mr. Bello resurfaced as a prosecution witness and recanted his recantation. He was the only witness who placed Mr. Carter and Mr. Artis at the murder scene.

After being free for nine months on bail, Mr. Carter and Mr. Artis were sent back to prison and deserted by most of the show business and civil rights figures who had flocked to their cause. Mr. Carter’s second child, a son, Raheem Rubin, was born six days after the two men were found guilty.

Racial Revenge Theory

Over the next nine years, numerous appeals in New Jersey courts failed. But when the issues were heard for the first time in a federal court, in 1985, Judge H. Lee Sarokin of United States District Court in Newark overturned the convictions on constitutional grounds. He ruled that prosecutors had “fatally infected the trial” by resorting, without evidence, to the racial revenge theory, and that they had withheld evidence disproving Mr. Bello’s identifications. Mr. Carter was freed; Mr. Artis had been released on parole in 1981.

When the prosecution’s attempts to reinstate the convictions were rejected by a federal appeals court and by the Supreme Court, the charges against Mr. Carter and Mr. Artis were formally dismissed in 1988, 22 years after the original indictments.

During his second imprisonment in the case his wife had sued for divorce, after learning that he had had an affair with a supporter while he was free on bail awaiting trial.

Information about his survivors could not immediately be learned.

On his final release from prison, Mr. Carter — with a full crop of curly hair, clean-shaven and wearing thick eyeglasses — moved to Toronto, where he lived with a secretive Canadian commune and married the head of it, Lisa Peters. He ended relations with her and the commune in the mid-1990s.

He founded Innocence International in 2004 and lectured about inequities in America’s criminal justice system. His former co-defendant, Mr. Artis, joined the organization. In 2011 he published an autobiography, “Eye of the Hurricane: My Path From Darkness to Freedom,” written with Ken Klonsky and with a foreword by Nelson Mandela.

In his last weeks he campaigned for the exoneration of David McCallum, a Brooklyn man who has been in prison since 1985 on murder charges. In an opinion article published by The Daily News on Feb. 21, 2014, headlined “Hurricane Carter’s Dying Wish,” he asked that Mr. McCallum “be granted a full hearing” by Brooklyn’s new district attorney, Kenneth P. Thompson.

“Just as my own verdict ‘was predicated on racism rather than reason and on concealment rather than disclosure,’ as Sarokin wrote, so too was McCallum’s,” Mr. Carter wrote.

He added: “If I find a heaven after this life, I’ll be quite surprised. In my own years on this planet, though, I lived in hell for the first 49 years, and have been in heaven for the past 28 years.

“To live in a world where truth matters and justice, however late, really happens, that world would be heaven enough for us all.”


Emma G. Fitzsimmons contributed reporting.

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4) The Richer You Are the Older You’ll Get
By Josh Zumbrun
April 18, 2014
http://blogs.wsj.com/economics/2014/04/18/the-richer-you-are-the-older-youll-get/

Money may not buy love, but it appears to buy years.

Economist Barry Bosworth at the Brookings Institution crunched the numbers and found that the richer you are, the longer you’ll live. And it’s a gap that is widening, particularly among women.

Mr. Bosworth parsed this data from the University of Michigan’s Health and Retirement Study, a survey that tracks the health and work-life of 26,000 Americans as they age and retire. The data is especially valuable as it tracks the same individuals every two years in what’s known as a longitudinal study, to see how their lives unfold.

The good news is that men of all incomes are living longer. Yet the data shows that the life expectancy of the wealthy is growing much faster than the life expectancy of the poor.

Here’s the sort of detail this remarkable data set can show. You can look at a man born in 1940 and see that during the 1980s, the mid-point of his career, his income was in the top 10% for his age group. If that man lives to age 55 he can expect to live an additional 34.9 years, or to the age of 89.9. That’s six years longer than a man whose career followed the same arc, but who was born in 1920.

For men who were in the poorest 10%, they can expect to live another 24 years, only a year and a half longer than his 1920s counterpart.

The story is rather different for women. At every income level, for both those born in 1920 and 1940, women live longer than men. But for women, the longevity and income trends are even more striking. While the wealthiest women from the 1940s are living longer, the poorest 40% are seeing life expectancy decline from the previous generation.

“At the bottom of the distribution, life is not improving rapidly for women anymore,” said Mr. Bosworth. “Smoking stands out as a possibility. It’s much more common among women at lower income levels.”

Mr. Bosworth’s findings build off earlier research from Hilary Waldron at the Social Security Administration who has also documented the widening gap at the interplay of incomes and longevity. Researchers studying life expectancy use actuarial calculations for their estimates, as precise outcomes cannot be known until an entire generation has passed away. He analyzed the data, along with Kathleen Burke at the Consumer Financial Protection Bureau, to evaluate a common proposal to keep Social Security in balance as the population ages: to simply raise the retirement age

“If it turns out people at the bottom are not having an increase in life expectancy. They are getting a real reduction” in Social Security benefits as a result, said Mr. Bosworth. “They’re going to get it for less years.”

Take the example above. A wealthy man, born in 1920 who retired at age 65, could expect to draw Social Security for 19 years. His son, born in 1940 and retired at age 67, could expect to draw benefits for 24 years. Yes, he retired later, but he’s living longer.

This would not be true for men and women at the bottom. They would draw Social Security for less years, if the retirement age rises, and their longevity does not.

“It’s really hard to come up with some effective means of trying to equalize this,” said Mr. Bosworth, “and that’s a serious concern.”


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5) Wage Theft Across the Board
By

When labor advocates and law enforcement officials talk about wage theft, they are usually referring to situations in which low-wage service-sector employees are forced to work off the clock, paid subminimum wages, cheated out of overtime pay or denied their tips. It is a huge and underpoliced problem. It is also, it turns out, not confined to low-wage workers.

In the days ahead, a settlement is expected in the antitrust lawsuit pitting 64,613 software engineers against Google, Apple, Intel and Adobe. The engineers say they lost up to $3 billion in wages from 2005-9, when the companies colluded in a scheme not to solicit one another’s employees. The collusion, according to the engineers, kept their pay lower than it would have been had the companies actually competed for talent.

The suit, brought after the Justice Department investigated the anti-recruiting scheme in 2010, has many riveting aspects, including emails and other documents that tarnish the reputation of Silicon Valley as competitive and of technology executives as a new breed of “don’t-be-evil” bosses, to cite Google’s informal motto.

The case essentially alleges white-collar wage theft. The engineers were not victimized by the usual violations of labor law, but by improper hiring practices against their interests. The result, however, was the same: Money that would have flowed to workers in the form of wages went instead into corporate coffers and from there to executives and shareholders.

When wage theft against low-wage workers is combined with that against highly paid workers, a bad problem becomes much worse. Data compiled by the Economic Policy Institute show that in 2012, the Department of Labor helped 308,000 workers recover $280 million in back pay for wage-theft violations — nearly double the amount stolen that year in robberies on the street, at banks, gas stations and convenience stores.

Moreover, the recovered wages are surely only a fraction of the wage theft nationwide because the Labor Department has only about 1,100 wage-and-hour investigators to monitor seven million employers and several states have ended or curtailed wage enforcement efforts.New York, however, has been a notable exception. Last month, investigations by Attorney General Eric Schneiderman yielded settlements with nearly two dozen Domino’s Pizza restaurants in New York and one McDonald’s franchise that recovered nearly $1 million in stolen wages for 1,450 fast-food employees.

Those sums, vitally important redress for the low-wage victims, are small in comparison to the billions of dollars sought by the software engineers, or the hundreds of millions that would likely result from a settlement of the engineers’ case.

Still, as important as the recoveries is the evidence that wage theft afflicts both low- and high-wage jobs. To fight the theft from low-wage workers requires more Labor Department resources, as President Obama called for in his recent budget, and immigration reform, which would help to both stanch widespread wage theft from undocumented immigrants and improve low-wage working conditions.

To fight white-collar wage theft requires a re-energized Justice Department, to pursue tough cases and settlements against industry collusion, discrimination and other illegal practices that allow employers to deny employees their rightful pay.


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6) U.S. Drones and Yemeni Forces Kill Qaeda-Linked Fighters, Officials Say
By

WASHINGTON — American drones and Yemeni counterterrorism forces killed more than three dozen militants linked to Al Qaeda’s affiliate in Yemen over the weekend in one of the largest such attacks there in months, officials from both countries said Monday.

At least three airstrikes were carried out against Qaeda fighters in a convoy and in remote training camps in southern Yemen. They were militants who were planning to attack civilian and military facilities, government officials said in a statement.

Yemen’s Interior Ministry said Monday that as many as 55 militants had been killed, but a senior Yemeni official put the figure in the 40s. The government’s statement also acknowledged that three civilians had been killed and five wounded in one of the airstrikes on Saturday.

Yemeni officials said they were working to identify those killed in the attacks. As part of a campaign using armed drones in Yemen, the United States has been trying to kill Nasser al-Wuhayshi, the head of Al Qaeda in the Arabian Peninsula, based in Yemen, and Ibrahim al-Asiri, the group’s master bomb maker. But American officials said Monday that those men were not the intended targets in these strikes.

The precise role of the United States in the airstrikes and ground operations was not immediately clear. American officials said the airstrikes had been carried out by drones operated by the Central Intelligence Agency, but an agency spokesman declined to comment. Other officials said American Special Operations military personnel had supported the Yemeni operations on the ground with intelligence and possibly logistical assistance. The Pentagon declined to discuss the operations.

The White House press secretary, Jay Carney, referred all questions about the operations, which started on Saturday and continued past midnight on Sunday, to the Yemeni government, and he spoke only in broad terms about the counterterrorism cooperation between the two countries.

“We have a strong collaborative relationship, as you know, with the Yemeni government and worked together on various initiatives to counter the shared threat we face from A.Q.A.P.,” said Mr. Carney, referring to Al Qaeda in the Arabian Peninsula.

American officials sought to play down the United States’ role and to allow Abdu Rabbu Mansour Hadi, Yemen’s president, to bolster his domestic credibility and claim credit for the operations. They had a troubled relationship with the longtime president who preceded him, Ali Abdullah Saleh, but they have voiced confidence in Mr. Hadi and increased aid to the country.

The drone attacks were the largest barrage of airstrikes carried out in Yemen this year — 11 in all so far, according to The Long War Journal, a website that tracks drone strikes — and one of the largest strikes carried out since President Obama outlined a new strategy last May for targeting Qaeda militants in battlefields outside Afghanistan.

In his speech in May, Mr. Obama said targeted killing operations were carried out only against militants who posed a “continuing and imminent threat to the American people.” He also said no strike could be authorized without “near certainty that no civilians will be killed or injured,” a bar he described as “the highest standard we can set.”

Given that the administration would not even confirm that American drones carried out the strikes over the weekend, it was unclear how the people targeted in the strike posed a threat to Americans. The Qaeda affiliate has in the past targeted the United States Embassy in Sana, the Yemeni capital.The raid by Yemen’s Counterterrorism Unit late Sunday, which occurred on the main road connecting the southern province of Shabwa with the adjacent province of Marib, culminated nearly 48 hours of intensive airstrikes.

“The operation delivers a strong message to the criminal and terror operatives that the armed forces and security personnel are ready to foil and thwart terrorist acts in any time and place,” Mr. Hadi said in the government’s statement.

The statement said three airstrikes had destroyed a Qaeda training camp in a remote mountainous area in Abyan, a southern province, killing two dozen militants, including foreign fighters.

The government said several other airstrikes had targeted vehicles and militants in Abyan, Shabwa and Bayda Provinces.

Mohsen Labhas, a resident of Al Lahab, a village near a highway that connects the cities of Ataq and Bayhan in Shabwa Province, said that after hearing gunfire on Sunday night, he and other residents jumped in their cars and raced to the scene. They were met by American drones and helicopters. “We abandoned our car since we thought that the aircraft might target us, but it turned out that it warned us from approaching the area,” he said.

“Nearly half an hour later, the aircraft fired a missile at a target on the ground,” Mr. Labhas said.

A strike on Saturday morning targeted a vehicle in Bayda Province, killing 10 militants and wounding one, according to the Yemeni government. It said intelligence had indicated that the fighters were planning to attack important installations.

“Regrettably, three civilians were also killed during the attack and five were injured when their pickup truck unexpectedly appeared next to the targeted vehicle,” the statement said.


Saeed Al Batati contributed reporting from Sana, Yemen, and Mark Mazzetti from Washington.

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7) Looking at Costs and Risks, Many Skip Health Insurance
By

LOUISVILLE, Ky. — Steve Huber, an affable salesman who is still paying off an unexpected medical bill, was not among the millions of Americans who signed up for health insurance under the Affordable Care Act during the enrollment period that ended March 31.

After seeing television ads for Kentucky’s new online insurance marketplace, Mr. Huber, 57, made several attempts to explore the website but found it too complicated. Moreover, his income has dropped in recent years, he said, and he felt certain that he could not afford coverage. So he never priced plans or researched whether he qualified for financial assistance.

“I realize that I’m gambling,” he said, stopping at a coffee shop before a sales call. “But I don’t have a lot of patience, and I’m on a pretty tight budget anyway.”After a surge of last-minute sign-ups, eight million people bought private coverage through the federal and state marketplaces during the initial six-month enrollment period, exceeding the Obama administration’s target. Mr. Huber represents the next challenge for the administration as it struggles to reduce the ranks of the uninsured and broaden support for the president’s signature health care law.


For every individual who did sign up, there were others who resembled Mr. Huber: people who have decided to stay uninsured for now, despite the law’s requirement that most Americans get coverage this year or pay an income tax penalty of $95 or more.

A common thread running through stories of the unenrolled is cost. Many people either do not qualify for federal subsidies or believe that the assistance is not enough to make insurance affordable, interviews with consumers and experts suggested. According to enrollment counselors in several states, people who have gone without health insurance or major illness for years can be especially resistant to investing in coverage.

To be sure, some of those who chose not to sign up were motivated by ideological opposition to Mr. Obama, to the law’s mandate that they buy insurance, or to both. And for many others, confusion and lack of understanding, including about whether they could get financial help buying coverage, were the overriding reasons.

But a New York Times/CBS News poll of uninsured people in December found that of those who did not plan to get coverage, half said that cost was the main reason. Nearly three in 10 said they objected to the government’s requiring it, while about one in 10 said they felt they did not need it.

Heidi Reinberg, 53, a freelance documentary producer who lives in Brooklyn, said she had gone uninsured for most of her adult life and had managed just fine.

She did check out her options through New York’s marketplace but said she was not impressed. She did not qualify for a subsidy based on her 2013 income, she said, and was particularly put off by the high deductibles on many of the plans available to her.

With an income that fluctuates unpredictably, she said that she could not justify a new expense for something that was “not a priority.”

“It doesn’t scare me not to have it,” said Ms. Reinberg, adding that she exercised, ate healthily and rarely got sick. “I’d rather pay down my credit cards than take on another bill for something I don’t know that I’m going to need.”

She acknowledges that she could have major medical expenses as she ages. And she might buy insurance in the future if her income stabilizes, she said. But for now, like many others, she has decided that the financial penalty for not buying insurance is more palatable than the cost of premiums and deductibles.

“I know what the penalty is going to be,” she said, “and I can get my head around that.”

There is no demographic data on the uninsured who could have bought coverage through the exchanges but chose not to. But a federal report last year on the overall uninsured population eligible for coverage under the new law estimated that 45 percent had incomes low enough to qualify for financial assistance buying exchange plans. Many others were poorer and eligible for Medicaid because their state opted to expand the program. Another federal report last year said that young and healthy people made up nearly half of the uninsured, and that more than half were men.

For Mr. Huber, the salesman, the complexity of the process was enough to make him give up trying to enroll.

In 2011, Mr. Huber lost a better-paying job with health benefits. For a while, he paid $450 a month to continue his employer-based coverage under the federal Cobra law. But that quickly grew unaffordable, and he has been uninsured for the last two years. He has a new job as a battery salesman but is making about half of what he used to, he said.

Not having insurance has also carried a price. A bout of diverticulitis, an intestinal inflammation, left him with a $1,100 medical bill last fall. He stretches his blood pressure medicine, taking it “exactly half as often as I’m supposed to,” and pays out of pocket when he sees his internist.

Declaring himself impatient and not good with computers, Mr. Huber said he had become flummoxed when trying to explore Kynect, Kentucky’s insurance marketplace, including late last month, when the online application form would not accept his phone number. He did not know that he could have sought enrollment help, he said.

“I tried four times and said, ‘Forget this,’ and logged off,” he said.

He said he would probably try again during the next open enrollment period, from Nov. 15 through Feb. 15, perhaps enlisting an insurance agent’s help. As for the tax penalty, he had heard it would be $95 for everyone and was surprised to learn he could owe more.

“They can get in line, I guess,” he said of the Internal Revenue Service, shaking his head.

Drew Lacy, 32, a self-employed carpenter in Louisville, encountered a technical glitch with the online marketplace that dissuaded him from signing up.

Mr. Lacy enrolled last fall in a plan with monthly premiums of about $200 after a subsidy and what appeared to be a $250 annual deductible. But in December, his broker informed him that Kynect had miscalculated because of a programming error.

The error, which the exchange acknowledged, affected about 2,100 people. Mr. Lacy’s deductible, he learned, would actually be much higher; other out-of-pocket costs would be higher, too.

Put off by the error, he canceled his enrollment and did not explore other options.

“I went from being very hopeful and excited to do this to being infuriated,” he said, standing in his carpentry shop in a former distillery.

Mr. Lacy had been covered for several years by an inexpensive, bare-bones plan — “If I was in a helicopter crash, it might pay for something,” he joked. But he wanted more comprehensive benefits so that he could see doctors for elbow and neck problems, among other things.

For now, he is holding on to his old plan, which costs $98 a month and has a $3,500 deductible. But it will be canceled this fall, he said, because it does not meet the new coverage requirements of the Affordable Care Act. At that point, he might check back in with Kynect.“Let’s see what this actually turns out to be and what changes are made,” he said.


Tammy Williams of Bothell, Wash., based her decision to opt out partly on philosophical resistance to the law.

“The government comes into our life and makes these decisions for us without even asking us,” said Ms. Williams, 56. “It just makes me want to rebel.”

Ms. Williams, who earns less than $40,000 a year at a small marketing firm in Seattle, said she did not want to hand over what little discretionary money she had after rent and other living expenses to an insurance company. She has been uninsured since moving a year ago from Ohio, where she had a job with health benefits.

She qualified for a subsidy to help buy coverage through Washington’s marketplace, but said that she still would have had to pay around $135 a month for the least expensive plan, with a $6,000 deductible that she said made it unfeasible.

“I am opting out,” she said on the last day of the enrollment period, adding that she might instead buy dental coverage outside the marketplace to take care of a chipped crown and a cavity.

A political independent, Ms. Williams said she at first chided herself about not buying coverage, thinking, “There’s plans out there that make it a good thing for people, and I’m just going for rebelling against the government.”

But when she looked closely at the costs, she decided her resentment was justified.

“If given a voice — ‘Do you want to participate or not?’ — I would have said no,” Ms. Williams said. “But I don’t remember being asked.”

Yet for all the resisters, there were people who intended not to enroll, then changed their minds at the last minute.

Cindy Whitely, who works for a small home-improvement company in Louisville, initially decided not to buy insurance through Kynect because, even with a subsidy, it would have cost more than $400 a month for her family of three.

But her income fell over the winter, and when an enrollment counselor she met in the fall called recently to see if she wanted to reconsider, she agreed. With less income, she and her husband qualified for a bigger subsidy, and their 6-year-old son qualified for Medicaid.

Just before the March 31 deadline, they bought a plan with monthly premiums of $176 and an $1,800 deductible — still expensive “for something I may never use,” she said. In her 44 years, Ms. Whitely said, she has never had health insurance.

For her, the mandate and its threat of a penalty were important. “I’m doing it more because I have to,” she said.

Still, she is relieved that her son now has Medicaid coverage. And now that she has health insurance for the first time, she has already begun worrying about losing it. Might she have to give it up if her income grows and her subsidy shrinks?

“If work picks back up and I jump right back up there,” she said, “then I’m stuck.”


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8) Beleaguered Albuquerque Department Reports Another Fatal Shooting by Police
By TRIP JENNINGS and

ALBUQUERQUE — An Albuquerque police officer fatally shot a suspected car thief on Monday during a foot chase in which, officials said, the suspect pointed a gun at the officer as he closed in on her. The shooting occurred 11 days after the Justice Department rebuked the Police Department for engaging in a “pattern or practice of unconstitutional use of deadly force.”

Police Chief Gorden Eden made a terse statement to reporters in the morning, reciting the basics of the shooting, like its location — “the officers spotted the suspect running east” of Wyoming Boulevard on Zuni Road. Later, the department released the sex of the victim, the first woman to be fatally shot by the police here since 2010. As of early evening, her name had not been released because her relatives had not been notified.

Chief Eden said the officer had been placed on administrative leave, standard procedure in shootings involving the police.Tensions over the department’s use of deadly force have resulted in heated protests against the police in recent weeks.

Twenty-four people have been killed by the police since 2010, and the city has paid several millions of dollars in legal settlements as a result of some of the deaths. None of the officers involved in the shootings have faced criminal charges or, in most cases, other types of internal reprimand.

The Justice Department report said inadequate training, improper oversight and “systemic deficiencies” had fostered a culture of permissiveness among officers and undermined the community’s trust in them.

In its report, the result of a 16-month investigation into allegations of abuse by the police here, the Justice Department listed 44 remedies. Among them were significant revisions to training so officers learn to rely more on verbal warnings and less on stun guns. Stun guns were used pervasively in nonlethal confrontations, including those that involved elderly, drunken or emotionally disturbed individuals.

The report also suggested the use of clearer procedures for handling people with mental illness, a common thread among most of those killed or wounded in police shootings here. It is unclear if mental illness was a factor in Monday’s shooting.

Mayor Richard J. Berry named a retired veteran of the department, Robert Huntsman, this month as the assistant chief in charge of overseeing the changes, particularly as they apply to the $1 million set aside for crisis-intervention training and programs. The choice raised questions among community leaders because of Mr. Huntsman’s close ties to Chief Eden — The Albuquerque Journal, New Mexico’s largest newspaper, described them as close friends — and because many of the shootings took place before he retired in May 2012.

“While he was there” at the Albuquerque Police Department, “it was pretty bad,” Ralph Arellanes, state director of the League of United Latin American Citizens, said Monday. The league was one of the first groups to call for a federal investigation of the police.

Mr. Huntsman is just one part of a team that the mayor is assembling to help overhaul the department, Mr. Berry said Monday afternoon. Others include Scott Greenwood, a member of the American Civil Liberties Union national board, and Tom Streicher, a former police chief of Cincinnati, he said.

Mr. Berry said he saw no problem with the friendship between Mr. Huntsman and Chief Eden. “I have two individuals who have known each other over the years and have a mutual respect for each other,” he said.

Mr. Huntsman will serve as a go-between for Chief Eden and the Police Department’s field services, support services and investigative bureaus, and will supervise its internal affairs unit and training academy. He is to attend a training session scheduled for police officers on Thursday, and the Justice Department has invited residents to attend that event and bring suggestions.

Federal officials have also urged the community to submit comments and concerns by phone or through email, and invited advocacy and civic groups, victims, police officers and union representatives to a series of yet-to-be-scheduled meetings.


Trip Jennings reported from Albuquerque, and Fernanda Santos from Phoenix.

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9) Even With Dying Boxer’s Appeal, a Tough Road Ahead for Convicted Man
By

It was the dying wish of the former prizefighter Rubin (Hurricane) Carter, a man whose life had come to symbolize how the justice system can go terribly awry: to see David McCallum, a Brooklyn man who had written to him from prison and asked for his help in overturning his murder conviction, go free.

Mr. Carter, who succumbed to prostate cancer on Sunday, in the last weeks of his life penned a final appeal to Brooklyn’s new district attorney, Kenneth P. Thompson, to conduct a full review of Mr. McCallum’s nearly three-decade-old case.

But despite Mr. Carter’s deathbed lobbying, Mr. McCallum’s fight for freedom appears to be a challenging one — trying to prove innocence when the presumption is guilt. There is no smoking gun, no cut-and-dried DNA evidence, no receipt proving the defendant was several states away hours before the murder took place.

“These are hard cases to prove because there’s no single thing that establishes his innocence,” said Oscar Michelen, a lawyer working for Mr. McCallum.

Mr. McCallum was convicted in 1986 of the kidnapping and murder of Nathan Blenner, a 20-year-old Queens man. Two witnesses saw two young black men push Mr. Blenner into his Buick Regal in Queens in October 1985 and drive off. The next day, Mr. Blenner was found dead in Aberdeen Park in Bushwick, Brooklyn, with a gunshot wound to his head.

Mr. McCallum and a friend, Willie Stuckey, both 16, confessed to the kidnapping and murder. Found guilty by a jury, each was sentenced to 25 years to life in November 1986.

Mr. Stuckey died in prison in 2001. Several years later, Mr. McCallum wrote to Mr. Carter, who was then starting a group called Innocence International to work on wrongful-conviction issues, arguing his innocence.

Mr. Carter, who spent 19 years behind bars before murder charges against him were dismissed, and his group came to believe that the teenagers were fed stories by the police and repeated those stories as confessions. By the time of their arraignment, both recanted, but the confessions stayed in evidence.

“Their confessions are very, very brief, with no details, and the details they do have are not consistent with each other and not consistent with the physical evidence,” Mr. Michelen said.

In the confessions, each boy implicated the other. Mr. McCallum said that Mr. Stuckey took the gun to the car window, told the man to get out, then drove the man from Queens to the Brooklyn park, where Mr. Stuckey shot the man. Mr. Stuckey said it was Mr. McCallum who pulled the gun out and told the man to get in the back seat of the car and Mr. McCallum who shot the man. Mr. Stuckey said there were three shots fired; Mr. McCallum said there was one. Each described the other as being quite close to the man as he shot him.

Yet someone shot at close range often has stippling on the skin, Mr. Michelen said, which was not present in this case. And there was blood on the victim’s pants, which was never explained.

Both boys said the murder occurred after dark. But the medical examiner put the time of death at 3:15 p.m.

There was another key issue. Mr. Stuckey confessed to harassing a woman who was washing her car, also a Buick Regal, near the victim’s house about an hour before the victim was kidnapped.

That woman, whose car was stolen a few days later, said to police that two young black men were bothering her that day, with one saying “Nice car,” and gave a description of them — one had braids — that did not fit Mr. Stuckey and Mr. McCallum, who both had close-cropped hair.In court, the prosecution argued that those two events were unrelated and committed by different duos, but did not explain why Mr. Stuckey had confessed to harassing the woman (an incident Mr. McCallum never mentioned). Mr. Michelen argues that it is likely that Mr. Stuckey was fed the story.

As Mr. McCallum’s advocates looked into the matter further, they found other troubling elements — for instance, another suspect was questioned multiple times, but that information was not turned over to the defense.

After being pressed by Mr. McCallum’s advocates, the Brooklyn district attorney’s Conviction Integrity Unit, now known as the Conviction Review Unit, performed DNA tests on some of the evidence from the case a few years ago. They came back with matches for two other men and not for Mr. Stuckey or Mr. McCallum, according to Mr. Michelen. But since the car was discovered three days after the murder — it was being burned by a group of youths on Fulton Street — those new DNA links were not enough to convince prosecutors of his client’s innocence.

Mr. McCallum has run through most of the legal options available to him and has been denied parole four times because he refuses to acknowledge that he committed the crime, Mr. Michelen said.

Now the Conviction Review Unit in the district attorney’s office is examining the case. But it is a busy unit that has to revisit about 50 cases that a retired detective, Louis Scarcella, whose methods have come under scrutiny, worked on, in addition to other wrongful-conviction claims.

A spokeswoman for the district attorney, Sheila Stainback, said the office was looking into Mr. McCallum’s case but did not discuss cases under review.

In prison visits with Mr. McCallum, Mr. Carter “tried to make David feel emotionally bolstered,” said Ken Klonsky, who worked on Innocence International with Mr. Carter. “He very much wanted David to feel like we were going to get him out of there, that he should hang on.”



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10) Thousands More Inmates Eligible for Clemency Under Justice Dept. Plan
By MATT APUZZO

WASHINGTON — The Justice Department is significantly expanding the pool of people eligible to apply for early release from prison, a move that would further chip away at strict sentencing laws involving drug crimes.

The plan, which Deputy Attorney General James M. Cole was scheduled to announce Wednesday morning, would make thousands of federal inmates eligible for early release, but only a fraction of those would probably make it through the review process before President Obama leaves office.

Mr. Cole won praise from civil rights groups in January for encouraging inmates convicted of low-level drug crimes to apply for clemency. The new policy goes even further, making nonviolent felons eligible for clemency if they have served 10 years in prison and would have received a significantly lower sentence under today’s more lenient laws.

“Older, stringent punishments that are out of line with sentences imposed under today’s laws erode people’s confidence in our criminal justice system,” Mr. Cole said in prepared remarks. “And I am confident that this initiative will go far to promote the most fundamental of American ideals: equal justice under law.”

Such an announcement would have been politically unthinkable during the crack cocaine and violent crime epidemic of the 1980s and 1990s. But budget problems in the states have led local governments to reconsider their criminal justice policies, which have created large prison populations that are expensive to house and feed.

Attorney General Eric H. Holder Jr. has urged that the sentencing system be overhauled, portraying it as a civil rights issue. He has built an unusual coalition of liberal Democrats and libertarian-minded Republicans in Congress who want to make the nation’s sentencing laws more lenient.

The new policy change is unlikely to make a sizable dent in the prison population, but it represents the most significant effort at large-scale clemency since Presidents Gerald R. Ford and Jimmy Carter offered amnesty to Vietnam War draft evaders.

The Justice Department on Wednesday was also to announce an overhaul of its pardon office, which must deal with a significant backlog of petitions each year.


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11) Should a Chimp Be Able to Sue Its Owner?
By CHARLES SIEBERT

Just before 4 p.m. on Oct. 10, Steven Wise pulled his rental car in front of a multiacre compound on State Highway 30 near the tiny Adirondack hamlet of Gloversville, N.Y., and considered his next move. For the past 15 minutes, Wise had been slowly driving the perimeter of the property, trying to get a better read on the place. An assortment of transport trailers — for horses and livestock, cars, boats and snowmobiles — cluttered a front lot beside a single-story business office with the sign “Circle L Trailer Sales” set above the door. At the rear of the grounds was a barn-size, aluminum-sided shed, all its doors closed, the few small windows covered in thick plastic.

With each pass, he looked to see if anybody was on the grounds but could find no one. A number of times Wise pulled off the road and called his office to check whether he had the right place. It wasn’t until he finally spotted a distant filigree of deer antlers that he knew for certain. The owner of Circle L Trailer, Wise had read, runs a side enterprise known as Santa’s Hitching Post, which rents out a herd of reindeer for holiday events and TV spots, including commercials for Macy’s and Mercedes-Benz.

After spotting a man tightening bolts on one of the trailer hitches, Wise paused to explain his strategy to me and the documentary filmmaker Chris Hegedus, who had a video camera. “I’m just going to say that I heard their reindeer were on TV,” Wise said. “I happened to be driving by and thought I might be able to see them in person.”

The repairman told Wise that the owner wasn’t on the premises that day. Wise mustered as many reindeer questions as he could, then got to his real agenda.

“So,” he finally asked, doing his best excited-tourist voice. “Do you keep any other animals around here?”

“Yeah,” the man answered, nodding toward the aluminum-sided shed. “In there. Name’s Tommy.”

Inside the shed, the repairman inched open a small door as though to first test the mood within. A rancid milk-musk odor wafted forth and with it the sight of an adult chimpanzee, crouched inside a small steel-mesh cell. Some plastic toys and bits of soiled bedding were strewn behind him. The only visible light emanated from a small portable TV on a stand outside his bars, tuned to what appeared to be a nature show.

“It’s too bad you can’t see him when he’s out in the jungle,” the repairman said, pointing to a passageway nearby, which opened onto an enclosure that housed a playground jungle gym. “At least he gets fresh air out there.”

Tommy’s original owner, we learned, was named Dave Sabo, the one-time proprietor of a troupe of performing circus chimps. The repairman said that Sabo raised Tommy, who appears to be in his 20s, from infancy. Sabo, who had been living for a number of years in a trailer on the grounds of Circle L Trailer, recently died.

“He’s back in there now somewhere,” the repairman said, quickly tracing with his hands what seemed to be the outline of an urn of ashes. “In a room next to Tommy’s.”

On the way back out to the car, Wise paused.

“I’m not going to be able get that image out of my mind,” he said, his voice quavering. “How would you describe that cage? He’s in a dungeon, right? That’s a dungeon.”Seven weeks later, on Dec. 2, Wise, a 63-year-old legal scholar in the field of animal law, strode with his fellow lawyers, Natalie Prosin, the executive director of the Nonhuman Rights Project (Nh.R.P.), and Elizabeth Stein, a New York-based animal-law expert, into the clerk’s office of the Fulton County Courthouse in Johnstown, N.Y., 10 miles from Circle L Trailer Sales, wielding multiple copies of a legal document the likes of which had never been seen in any of the world’s courts, no less conservative Fulton County’s.


Under the partial heading “The Nonhuman Rights Project Inc. on behalf of Tommy,” the legal memo and petition included among their 106 pages a detailed account of the “petitioner’s” solitary confinement “in a small, dank, cement cage in a cavernous dark shed”; and a series of nine affidavits gathered from leading primatologists around the world, each one detailing the cognitive capabilities of a being like Tommy, thereby underscoring the physical and psychological ravages he suffers in confinement.

Along with chimps, the Nh.R.P. plans to file similar lawsuits on behalf of other members of the great ape family (bonobos, orangutans and gorillas) as well as dolphins, orcas, belugas, elephants and African gray parrots — all beings with higher-order cognitive abilities. Chimps were chosen as the first clients because of the abundance of research on their cognitive sophistication, and the fact that, at present, there are sanctuaries lined up to take in the plaintiffs should they win their freedom. (There are no such facilities for dolphins or orcas in the United States, and the two preferred sanctuaries for elephants were full.)

“Like humans,” the legal memo reads, “chimpanzees have a concept of their personal past and future . . . they suffer the pain of not being able to fulfill their needs or move around as they wish; [and] they suffer the pain of anticipating never-ending confinement.” What Tommy could never have anticipated, of course, huddled just up the road that morning in his dark, dank cell, was that he was about to make legal history: The first nonhuman primate to ever sue a human captor in an attempt to gain his own freedom.

Animals are hardly strangers to our courts, only to the brand of justice meted out there. In the opening chapters of Wise’s first book, “Rattling the Cage: Toward Legal Rights for Animals,” published in 2000, he cites the curious and now largely forgotten history, dating at least back to the Middle Ages, of humans putting animals on trial for their perceived offenses, everything from murderous pigs, to grain-filching rats and insects, to flocks of sparrows disrupting church services with their chirping. Such proceedings — often elaborate, drawn-out courtroom dramas in which the defendants were ostensibly accorded the same legal rights as humans, right down to being appointed the best available lawyers — were essentially allegorical rituals, a means of expunging evil and restoring some sense of order to a random and disorderly world.

Among the most common nonhuman defendants cited by the British historian E. P. Evans in his 1906 book, “The Criminal Prosecution and Capital Punishment of Animals,” were pigs. Allowed to freely roam the narrow, winding streets of medieval villages, pigs and sows sometimes maimed and killed infants and young children. The “guilty” party would regularly be brought before a magistrate to be tried and sentenced and then publicly tortured and executed in the town square, often while being hung upside down, because, as Wise explains it in “Rattling the Cage,” “a beast . . . who killed a human reversed the ordained hierarchy. . . . Inversion set the world right again.”

The practice of enlisting animals as unwitting courtroom actors in order to reinforce our own sense of justice is not as outmoded as you might think. As recently as 1906, the year Evans’s book appeared, a father-son criminal team and the attack dog they trained to be their accomplice were prosecuted in Switzerland for robbery and murder. In a trial reported in L'Écho de Paris and The New York Herald, the two men were found guilty and received life in prison. The dog — without whom, the court determined, the crime couldn’t have been committed — was condemned to death.

It has been only in the last 30 years or so that a distinct field of animal law — that is laws and legal theory expressly for and about nonhuman animals — has emerged. When Wise taught his first animal-law class in 1990 at Vermont Law School, he knew of only two others of its kind in the country. Today there are well over a hundred. Yet while animal-welfare laws and endangered-species statutes now abound, the primary thrust of such legislation remains the regulation of our various uses and abuses of animals, including food production, medical research, entertainment and private ownership. The fundamental legal status of nonhumans, however, as things, as property, with no rights of their own, has remained unchanged.

Wise has devoted himself to subverting that hierarchy by moving the animal from the defendant’s table to the plaintiff’s. Not in order to cast cognitively advanced beings like Tommy in a human light, but rather to ask a judge to recognize them as individuals in and of themselves: Beings entitled to something that, without us, no wild animal would ever require — the fundamental right, at least, not to be wrongfully imprisoned.

Tracking down captive backyard chimps as clients is not the sort of career Wise imagined for himself. But then neither was law. A self-described apolitical lead singer in a rock band who thought he would have a career in music, Wise’s increasing involvement in the anti-Vietnam War movement while at the College of William and Mary began to stoke a growing interest in social activism.

Over lunch in Manhattan one afternoon a few weeks after finding Tommy, Wise told me he thought that he was going to be a doctor, but he didn’t get into medical school. He ended up working as a lab technician in Boston, all the while continuing his antiwar activities. “Then one day, I thought to myself, You know, I think I want to be a lawyer,” he said. “I had become really interested in issues of social justice.”

Several years after graduating from Boston University School of Law, he sat down with a copy of Peter Singer’s seminal work, “Animal Liberation,” and got the “jolt” that has directed his passions ever since. “It was a total epiphany,” he recalled. “I just had never thought about what was going on out there with our treatment of animals. First, I became a vegetarian. Then I thought to myself, Well, if I’m interested in social justice, I can’t imagine beings who are being more brutalized than nonhuman animals. People could do whatever they wanted with them and were doing whatever they wanted with them. Nonhuman animals had no rights at all. I couldn’t think of any other place where my participation could do more good. I suddenly realized this is why I became a lawyer.”

He dedicated himself to getting a better sense of the general arc over the course of history of human thinking about animals. From Aristotle’s Great Chain of Being that ranked animals, because they lacked reason, below man; to René Descartes’s view of animals as complex but soulless automatons; to Immanuel Kant’s argument against cruelty to animals, not because of any specific obligation to them but because such cruelty had an adverse effect on human relations; to the assertion by the 19th-century British philosopher and jurist Jeremy Bentham that the only arbiter of how we treat animals “is not ‘can they reason?’ nor ‘can they talk?’ but ‘can they suffer?’ ” a view that would profoundly influence the work of modern-day animal rights thinkers like Peter Singer.

In 1991, Wise filed an early animal rights lawsuit that both underscored the difficulty of the challenge he would be facing and helped him hone his legal strategy. The case, filed in the United States District Court of Massachusetts against the New England Aquarium, was on behalf of Kama, a 6-year-old dolphin, and several animal rights groups that objected to the aquarium’s transfer of Kama to the Navy for training at the Naval Ocean Systems Center in Hawaii, a violation, the suit claimed, of the Marine Mammal Protection Act.

The judge immediately dismissed Kama’s part of the suit due to insufficient “standing”: the legal requirement that a plaintiff personally speak to the injury that has been done to him or her by the defendant and then show that such harm can be properly redressed by the court — a requirement that Kama, of course, could never have met.

A nonhuman is, in fact, so invisible in a court of law that the only way such a creature can seek redress is if the human plaintiffs representing that animal can prove that the injury done to it has in some way injured them. After several days of deliberation, the judge ultimately decided that the humans, too, had failed to adequately prove injury and threw out their part of the suit on the basis of standing as well.

“The lawyer for the aquarium was so outraged,” Wise said. “He kept saying, ‘Judge, our own dolphin is suing us!’ And I understand that outrage. He felt: ‘We own this. This is completely ours, and what is ours is now claiming we can’t do something to it?’ But what these cases made me realize is that the issue wasn’t really about standing at all. What lawyers and judges had been calling an ‘animal-standing problem’ was really a ‘not-being-a-legal-person problem.’ We could show the animals had been injured, that the defendants were responsible and that the judge could remedy it. But because animals are not legal persons, they don’t even have the capacity to sue in the first place. They’re totally invisible. I knew if I was going to begin breaking down the wall that divides human and nonhumans, I first had to find a way around this issue of personhood.”

A few years later, while continuing to lecture in animal jurisprudence to law students, Wise revisited the famous case of Somerset v. Stewart. In 1772, the chief justice of the English Court of King’s Bench, Lord Mansfield, issued a writ of habeas corpus — a court order requiring that a prisoner be brought before a judge by his or her captor in order to rule on the legality of that prisoner’s detainment — on behalf of a slave named James Somerset, a being as invisible then to the law as any nonhuman. Mansfield ultimately decided to free Somerset from his Scottish-American owner, Charles Stewart — a landmark decision that would drive one of the first wedges into the wall then dividing black and white human beings from one another.

The Somerset case soon had Wise exploring other habeas corpus cases. He noted that many of them were filed on behalf of those unable to personally appear in court: prisoners, for example, or children, or mentally incapacitated adults. Habeas corpus cases, Wise realized, have the most relaxed standing requirements, precisely because the circumstances necessitate that a proxy like Wise plead the plaintiff’s case.

As Wise started to formulate it further, he saw habeas corpus as a form of redress for the denial of a “legal person’s” right to bodily liberty, not necessarily a “human being’s.” At lunch, he outlined a broad spectrum of cases in which nonhumans have been held to be legal persons, like ships, corporations, partnerships and states. He invoked cases in India in which the holy book of the Sikhs was deemed a legal person, as well as Hindu idols. He spoke of a dispute between the Crown of New Zealand and the Maori tribe in which a river was held to be a legal person.

“A legal person is not synonymous with a human being,” he told me. “A legal person is an entity that the legal system considers important enough so that it is visible and [has] interests” and also “certain kinds of rights. I often ask my students: ‘You tell me, why should a human have fundamental rights?’ There’s not a single person on earth I’ve ever put that question to who can answer that without referring to certain qualities that a human has.”

In his animal-law classes, Wise told me, he has his students consider the actual case of a 4-month-old anencephalic baby — that is, a child born without a complete brain. Her brain stem allows her to breathe and digest, but she has no consciousness or sentience. No feelings or awareness whatsoever. He asks the class why we can’t do anything we want with such a child, even eat her.

“We’re all instantly repelled by that, of course,” Wise said. When he asked his students that question, they “get all tied up in knots and say things like ‘because she has a soul’ or ‘all life is sacred.’ I say: ‘I’m sorry, we’re not talking about any characteristics here. It’s that she has the form of a human being.’ Now I’m not saying that a court or legislature can’t say that just having a human form is in and of itself a sufficient condition for rights. I’m simply saying that it’s irrational. . . . Why is a human individual with no cognitive abilities whatsoever a legal person with rights, while cognitively complex beings such as Tommy, or a dolphin, or an orca are things with no rights at all?”

The other advantage of habeas corpus cases, Wise said he realized, is they allow him to circumvent federal courts, where judges tend to rule in accordance with what they perceive to be the original intentions of pre-existing statutes and laws. State courts, by contrast, where almost all habeas corpus cases are heard, are the home of common law — what Wise often characterizes as a breeding ground of ever-evolving laws where for the past 800 years judges have been making decisions based more on the available evidence and on broader principles like equality and liberty and what is morally right. The common law is the realm in which Wise feels he has the best chance to succeed. “I have to present an argument that a judge can grasp quickly. I have to go bang, bang, bang, detailing the distinct qualities of my clients. We’re definitely asking a judge to make a leap of faith here; what some might see as a quantum leap. My job is to make it seem as small as possible.”

No recent case better underscores the unique nature of Wise’s present endeavor than the one that seemed, at first, to most resemble it. In October 2011, despite Wise’s objections, People for the Ethical Treatment of Animals (PETA) filed a lawsuit on behalf of five orcas at SeaWorld San Diego and SeaWorld Orlando, accusing the theme park of violating the 13th Amendment, which abolished slavery. The suit was dismissed by Judge Jeffrey Miller of the U.S. District Court for Southern California, who wrote in his ruling that “the only reasonable interpretation of the 13th Amendment’s plain language is that it applies to persons, and not to nonpersons such as orcas.”

Wise was furious over what he considered the grossly premature timing of PETA’s case. After the judge’s decision, Wise called a PETA lawyer to “share his thoughts” with him. Natalie Prosin was on that call too. “She really let me have it afterward,” Wise said. “She said, ‘You acted like you were the professor and he was your student, lecturing him for over 30 minutes on why his case was so bad.’ I said: ‘I know. And frankly 30 minutes wasn’t nearly enough.’ It was idiotic to invoke the Constitution the first time around. You know maybe in 50 years, after you’ve already laid a foundation of courts recognizing that nonhuman animals could be considered legal persons under the common law. That’s precisely why we’re avoiding the federal courts.”

As hasty an overreach as Wise thought PETA’s legal gambit to be, the Nh.R.P.'s has been plodding and precise. As many as 70 volunteers have been working over the past four years on different facets of his legal offensive. Perhaps the most important is the Nh.R.P.'s Science Working Group, which collaborates with Dr. Lori Marino, an Emory University specialist in the cetacean brain and the evolution of animal intelligence. This group is assigned the task of gathering available research and expert testimony on the cognitive abilities of the plaintiffs that the Nh.R.P. plans to represent.

As recently as 10 years ago Wise’s effort would have been laughed out of a courtroom. What has made his efforts viable now, however, is in part the advanced neurological and genetic research, which has shown that animals like chimpanzees, orcas and elephants possess self-awareness, self-determination and a sense of both the past and future. They have their own distinct languages, complex social interactions and tool use. They grieve and empathize and pass knowledge from one generation to the next. The very same attributes, in other words, that we once believed distinguished us from other animals. Wise intends to wield this evidence in mounting the case that his clients are “autonomous beings,” ones who are able, as Wise defines that term, “to freely choose, to self-determine, to make their own decisions without acting from reflex or innate behavior.” He sees these abilities as the minimum sufficient requirement for legal personhood.

Another element of the Nh.R.P.'s strategy is the Legal Working Group, which selects optimal jurisdictions for their lawyers and then finds potential clients there, a reversal of the typical process in which a lawyer has a client and then argues their case in whatever jurisdiction that client happens to live. For the first set of cases, the 20 or so members of the Legal Working Group scoured the records on the habeas corpus rulings of all 50 states and composed memos, each at least 15 pages, before finally settling on New York, where seven privately owned chimps were being held throughout the state.

Wise, Prosin, Stein and Monica Miller, another lawyer, filed habeas corpus petitions on behalf of four of the chimps (the three others died before the Nh.R.P. could do so). The day after Tommy’s case was presented, the lawyers were in Niagara Falls, N.Y., filing on behalf of a chimp there named Kiko. Two days after that, they traveled to Riverhead, N.Y., on Long Island, to file a third suit in the name of Leo and Hercules, two chimps being kept at Stony Brook University for studies on human locomotion.

In addition, the Nh.R.P.'s Sociological Working Group has been collecting whatever information it can on the judges within a prospective jurisdiction, everything from their sex, age and political party to their leisure activities and whether or not they own pets. It’s all by way of getting the best sense of the kind of judge the plaintiffs might be facing.

The hope is that they will get what Wise calls a “substantive-principles judge,” one not as bound by precedent, who makes what he or she believes is a just decision, regardless of what ramifications the decision may have. A judge like Lord Mansfield, who before setting the slave James Somerset free, said, “Fiat justicia, ruat coelumtet” (“Let justice be done, though the heavens may fall”).

“I’m looking for a Lord Mansfield,” Wise told me, “but as I often tell my students, be careful what you wish for. You may get a principles judge, and it turns out that the principles the judge holds are the ones that make him say: ‘You lose. I don’t agree with your principles. I agree with the principle that God created humans, and we all have souls, and we’re special, and nonhuman animals do not and so aren’t.’ And in that case you’ve just shot yourself in the head.”

Of course, a number of people both in the legal world and beyond find the very premise of seeking legal personhood for animals an oxymoron. There are, they assert, already ample protections available under current animal-welfare laws, on both the federal and state levels, without having to go down the practically and philosophically fraught path of extending a human right to a nonhuman.

Richard Epstein, a New York University law professor, is an outspoken critic of Wise and of the notion of extending rights to animals. He bridles at what he sees as the potential practical consequences of such an outcome, a slippery-slope effect that would eventually abolish long-established institutions like the agriculture-and-food-production industry. “[T]here would be nothing left of human society,” Epstein once asserted in a 1999 essay, “The Next Rights Revolution?” “if we treated animals not as property but as independent holders of rights.” He also considers Wise’s legal approach to be “completely misguided.”

“Steven is extremely ingenious,” Epstein told me in his N.Y.U. office in January. “I don’t think he’s a great intellect. He’s a man of tremendous persistence. He just doesn’t think there is any serious argument that can be made on the other side. It’s like watching someone with tunnel vision. . . . My attitude is this: There are two ways to think about it. He thinks of it as rights. I think about it as protection. You can guarantee the things he’s seeking through animal-protection legislation without calling them rights. I mean, you may want to enforce the laws better. I just think the argument of making animals into sort of human beings is what’s crazy.”

But Wise contends that present forms of protection are effectively unenforceable in a case like Tommy’s, primarily because under current animal-welfare laws on both the state and federal levels, it isn’t illegal to keep a chimp in a cage, Tommy’s present owner, Pat Lavery, has said that Tommy’s cage is legal and inspected annually. In those cases in which cages do not meet proper standards, animals are rarely taken from their owners because they’re still considered private property.

Ultimately, Wise is not interested in trying to distinguish between bad and better forms of captivity. What he is trying to provoke is a paradigm shift in how we think of our relationship to animals. “One day we’ll be filing a suit on behalf of SeaWorld orcas,” Wise said, “these amazingly intelligent and social animals who were captured from the ocean and are now being kept in a tiny pool, and yet obviously it’s not illegal. SeaWorld is making tens of millions of dollars a year. No one is suggesting they be charged with cruelty to animals, and nobody has any ideas about how to get those orcas out. It’s the same thing with chimpanzees. So the reason we chose habeas corpus over other causes of action is that it’s the only possible remedy.”

Even some in the animal rights community have criticized Wise for the anthropocentrism of stressing his clients’ similarity to us rather than that basic Benthamic barometer of “can they suffer?” For Wise, though, “can they suffer?” is still the defining arbiter. It’s simply one that has been lent a whole new meaning and level of urgency by something obviously unavailable to a 19th-century British philosopher: the ever-growing body of scientific evidence pushing us into the increasingly discomfiting corner of knowing that, in the end, it isn’t really his clients’ likeness to us but their distinctly different and yet compellingly parallel complexity that now may command not just a philosophical regard but a legal one as well.

At just past 2 p.m. on Dec. 2, Nh.R.P.'s legal team of Wise, Prosin and Stein sat at the plaintiff’s table in the main courtroom of the Montgomery County courthouse in Fonda, N.Y., nervously awaiting the entrance of Justice Joseph M. Sise.

Wise had told me what he could expect from a decision made in a lower court like this one. “At this level,” he said, “it’s not going to be an emotional decision, but a very practical, serious one. The judge is going to want to rule in a way in which he feels reasonably supported by the existing laws. He doesn’t want to look like an idiot. But if he’s willing to hear the case, or even write a decision on it, as long as his rejection goes on the record, we can go to the Court of Appeals. That’s where you can argue with more emotion and where most common law gets made anyway.”

On the drive from Johnstown to the courthouse, Prosin was on her phone, trying to get information on Sise, a justice on the State Supreme Court. “Brother was a judge,” Prosin muttered. “Father a judge. He’s young. Graduated law school 1988. Conservative Republican.” There was, however, little clear indication of whether he might be a Lord Mansfield.

Now in the courtroom, a voice called, “All rise.” Through a sudden opening in the room’s oak paneling, Sise, a tall, lean, dark-haired man in his early 50s, emerged and strode swiftly to his seat at the bench. Wise listened, rapt as Sise spoke the words he had been waiting his entire career to hear in court: “This is in the matter of . . . an application . . . seeking a writ of habeas corpus for a nonhuman.”When Sise asked Wise why Article 70 of the Civil Practice Law and Rules — New York State’s habeas corpus provision — “should be enlarged to include an animal, a chimpanzee,” the typically voluble Wise struggled to speak. You could almost hear the gears of his brain snagging, the various lines of argument that he had been planning and honing over the years for this very moment, getting all bound up now into one hopeless snarl.

“I couldn’t believe I was finally about to argue this case before a judge,” he told me later. “I really got choked up for a moment.”

The hearing took no more than 20 minutes. The justice interrupted often at the start, pre-empting Wise’s attempts at building an argument, knocking him back on his heels with repeated questions about why Article 70 was the only form of redress in this instance.

“Isn’t there a different way,” Sise asked at one point, “for you to petition the court for . . . relief other than attempting to have the Supreme Court . . . enlarge the definition of ‘human-being’ under Article 70 to include an animal?”

“We are most definitely not asking the court to redefine the term ‘human being,’ ” Wise boomed, his heart at last having loosened its grasp on his throat. “We brought a writ of habeas corpus because [it] is aimed at the denial of a legal person’s, not necessarily a human being’s, but a legal person’s right to bodily liberty.”

Wise next began to make his case for why all chimps in New York should be declared legal persons, arguing that they are fully autonomous beings. “Says who?” Sise asked. “And . . . I’m asking the question because that’s beyond your ken and beyond my ken. It’s beyond the ken of the normal fact-finder. You’re stating something that only expert testimony could supply.”

Wise quickly cited the affidavits from the world’s leading primatologists. The previously curt and pre-emptive Sise fell silent, leaning in, his head nodding slightly.

“So what is it that you’re asking the court to do in terms of Article 70, make an exception for chimpanzees only?” Sise asked. “You understand the question, right? The legal conundrum the court is in based upon your argument?”

“We are, in a specific, legal way . . . simply asking that you issue the writ of habeas corpus on behalf of Tommy,” Wise began calmly. “We are saying the reason that this court should do that is Tommy, as these experts pointed out, is autonomous. . . . Being a member of the species homosapiens is indeed a sufficient condition for personhood, but there are other sufficient conditions for personhood, as well. . . . Autonomy is an extraordinarily important attribute, and we argue . . . that a being who is autonomous, who can choose, who is self-aware, these, your honor, are essentially us.”

“All right,” Sise said. “What else? Anything else?”

Wise appeared spent. “No, your honor.”

The justice sat back in his chair. “Your impassioned representations to the court are quite impressive,” he said. “The court will not entertain the application, will not recognize a chimpanzee as a human or as a person . . . who can seek a writ of habeas corpus under Article 70. I will be available as the judge for any other lawsuit to right any wrongs that are done to this chimpanzee, because I understand what you’re saying. You make a very strong argument. However, I do not agree with the argument only insofar as Article 70 applies to chimpanzees. Good luck with your venture. I’m sorry I can’t sign the order, but I hope you continue. As an animal lover, I appreciate your work.”

I managed to get hold of Sise on the phone a few weeks later and asked him about his ruling. “I thought they should have an opportunity to make their argument as to why Article 70 should be enlarged to include nonhumans,” Sise said. “Ultimately, I felt that they had the right to make a record so that they could appeal. I thought, Here’s this group of lawyers, living and dying this, they deserve due process, and they deserve to be told just how impressed at least I was by the effort they’re making on behalf of animals.”

I said that I imagined it wasn’t the sort of case that came across his desk very often.

“Obviously not,” he said, laughing. “But in terms of the legal questions before the court, it was very similar to many applications we have: Whether or not a petition has been rightfully filed under an article and whether that article applies. So the legal analysis was not novel, although the facts certainly were.”

The Nh.R.P. ended up losing their other two New York cases as well, with the judges arguing that the petitioners had other remedies they could seek through existing animal-protection laws. But before Justice Ralph A. Boniello III, of the State Supreme Court for the County of Niagara, rendered his decision, Wise was given full leave to air for the record his petition on behalf of Kiko. The justice called the argument “excellent” but concluded that he was “not prepared to make this leap of faith.”

On balance, Wise and his colleagues emerged from their first round of suits ecstatic. They had all they needed to take the cases to the appellate level to keep making their argument.

In February, the Nh.R.P. lawyers were in New York City for a weekend-long meeting to refine their pending appeals for later this year and to decide on the next roster of plaintiffs. In a couple of weeks Wise would be back on the road, reviewing new prospects: mostly chimps and a few circus elephants. For the latter, Wise told me, the California-based animal-protection organization PAWS is willing to provide sanctuary on a case-by-case basis.

Over dinner one night, I asked Wise about the oft-stated position that there are already ample forms of redress for the likes of Tommy. Did he ever feel that gaining legal rights for such creatures is really a symbolic gesture? As Richard Epstein put it in his N.Y.U. office, “He’s just sticking his fingers in your eyes.”

“In whose eyes?” Wise said, smiling. “In the world’s eye? For what purpose? Look, he’s a law professor. He doesn’t practice law. If he does, it isn’t this kind of law. It’s hardly symbolic for the animals.”I reminded Wise at one point that he, the crusader against speciesism and ordained hierarchies, has been accused of erecting a speciesist hierarchy of his own by singling out only certain sufficiently sophisticated animals to represent in court. I asked him, for example, if he would also consider filing a suit on behalf of a captive vervet monkey or a tortoise or a rat.

“I don’t know the answer to the question,” he responded. “The reason I do know the answer for the animals we are currently choosing to represent is we’ve spent years trying to understand what their cognitive capabilities are. But we feel very comfortable in saying that for any nonhuman animal who is autonomous, whatever species they may be, then we will go into court and make the argument that they have a sufficient condition for rights. We’ve never claimed it’s a necessary condition, and as the public debate evolves, people may be making other arguments based on other factors. I mean, how autonomous do you have to be anyway? Look at human beings. We all have rights, and we range from drooling, nonautonomous people to people who are extraordinarily autonomous, like Richard Epstein.”

Wise told me he was well aware of the fact that for creatures like Tommy, a victory in court could only result in transfer to a kinder type of captivity. The larger significance of winning for Wise, however, is the clear message it sends about the wrongfulness of holding captive a chimp or a circus elephant or a SeaWorld orca in the first place.

In a 2001 debate with Peter Singer, Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit — who has debated Wise as well — argued that only facts will lead to according animals rights, not intuitions. “Much is lost,” Posner stated at one point, “when . . . intuition is made a stage in a logical argument.”

And yet in that same debate, Posner stated that the special status we humans accord ourselves is based not on tests or statistics but on “a moral intuition deeper than any reason that could be given for it and impervious to any reason that you or anyone could give against it.” That inherent irrationality at the heart of humanity’s sense of exceptionalism is what most worries Wise.

“It’s those deeply held beliefs that I’m concerned about,” he told me. “The judge who either doesn’t recognize that he’s ruling against us on those grounds, or who does, and decides that way anyway. Our challenge is to lay bare that bias against our facts. I will say: ‘Judge, you know, we’ve been here before. We’ve had people who’ve essentially said, “I’m sorry, but you’re black.” Or “I’m sorry, you’re not a male or a heterosexual.” And this has led us to some very bad places.’ ”

Much like other civil rights movements, the Nh.R.P.'s efforts are designed to be a systematic assault; a continued and repeated airing of the evidence now at hand so that other lawyers and eventually judges and society as a whole can move past what Wise considers the increasingly arbitrary distinction of species as the determinant of who should hold a right.

Wise said he doesn’t expect to win in the first round of suits, and neither does he in the fifth or the 20th. “For me this has been a 25-year plan. All my books and my courses were designed to help me think through this problem. Now I want to spend the rest of my life litigating. If we lose, we keep doing it again and again, until we find a judge who doesn’t feel that the way is closed off. Then our job is to produce the facts that will allow that judge to make that leap of faith. And when it happens, it will be huge. I wouldn’t be spending my life on this otherwise.”

Charles Siebert is a contributing writer and the author, most recently, of “Rough Beasts: The Zanesville Massacre, One Year Later.”


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B. EVENTS AND ACTIONS

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 ACT NOW! OUR CITY, OUR HOMES!

 Join us to say YES to fair rents!
NO MORE evictions and predatory speculation!
There will be interactive activities!

 SATURDAY, APRIL 26, 2014, 12:00 - 3:00 P.M.
CIVIC CENTER (In front of City Hall)

 Sponsored by: San Francisco Anti-Displacement Coallition

 *Labor Donated

 For more information, please visit: sfadc.wordpress.com or email: SFACDoalition@gmail.com


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FROM MARIKANA, SOUTH AFRICA TO OAKLAND, CA:
THE STRUGGLE FOR WORKERS POWER

The fall of apartheid in South Africa in 1994 was a watershed victory. It culminated decades of struggle by the Black and Colored South African masses, a struggle supported by millions in the U.S. and around the world. The victory brought to power the Tripartite government of the African National Congress (ANC), the South African Communist Party (SACP), and the Congress of South African Trade Unions (COSATU).

Now, two decades later, the ANC-led Tripartite government represents big business's interests — especially the interests of U.S. and European-based banks and corporations. This has led the government to brutally attack workers who fight back against austerity. Indeed, in 2012, at the Marikana mine, this government massacred 34 striking miners at the behest of the mine owners.

Black poverty has worsened. Inequality has worsened. Trade union officials collaborate with employers against workers, youth, and unemployed. Does this sound familiar? Isn't the situation similar in the US, with union officials not fighting employer and government attacks on workers, like the machinists at Boeing?

But in South Africa, there's an exciting new development: for the first time since the fall of Apartheid, there's a serious challenge to the Tripartite government's rule, and it comes from the largest and most militant union in Africa. The National Union of Metalworkers of South Africa (NUMSA) has broken with the COSATU leadership and called for South Africans not to support the ANC in this year's elections. It is currently building a workers' party and united front to lead the struggle against the capitalist onslaught of deregulation, privatization, and strike breaking.

We are privileged to present  Brother Mphumzi Maqungo,  the national treasurer of NUMSA and past chair of NUMSA's autoworker shop steward network, to discuss these developments.

Thursday, May 1st, 7:00 p.m.
ILWU Hall, Henry Schmidt Room
400 N. Point St./Mason, San Francisco

Friday, May 2, 12 Noon at UC Berkeley, McCone Hall (Room  575)
Saturday, May 3rd, 2pm. Black Repertory Theater; 3201 Adeline,
Berkeley (one block south of Ashby BART)

For updates or to get involved in building for these events, contact the May Day Committee in Solidarity with South African Workers
at: twscltransportworkers.org. Reach us directly at  (510)325-8664  or  (415)282-1908

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Please hold the date and attend…

A Celebration of Life and Struggle
Free Mumia Abu-Jamal!
Welcome Home Lynne Stewart!
Free all political prisoners! End racist mass incarceration! Abolish the death penalty! Stop police brutality and murder!

Join Lynne Stewart and Pam Africa Sunday, May 4, 6 pm reception; 7pm rally

Humanist Hall, 390 27th Street, between Broadway and Telegraph, Oakland
Donation $10

Initial Bay Area Tour Schedule:
Friday, May 2: San Francisco, Host: National Lawyers Guild, 6 pm 518 Valencia St., SF
Saturday, May 3, Palo Alto, Host: Peninsula Peace and Justice Center, afternoon
Saturday, May 3, San Jose, Host, San Jose Peace and Justice Center & NLG South Bat, evening
Sunday, May 4, Oakland, Host: Mobilization to Free Mumia Abu-Jamal & Lynne Stewart Defense Committee
Monday, May 5: Marin, evening
Tuesday, May 6: Sacramento, evening

Sponsors:
Mobilization to Free Mumia Abu-Jamal & Lynne Stewart Defense Committee

510-268-9429   jmackler@lmi.net
Tour endorsers (initial list): SF Bay Area National Lawyers Guild • Middle East Children’s Alliance • United National Antiwar Coalition • Labor Action Committee to Free Mumia Abu-Jamal • World Can’t Wait • Freedom Socialist Party • Marin Peace and Justice Center • Peninsula Peace and Justice Center • Sacramento Area Peace Council • WILPF • SF Gray Panthers • Socialist Action • International Action Center • Freedom Archives

— This message sent to you by: The Labor Action Committee to Free Mumia Abu-Jamal --

Lynne Stewart's release from prison was the result of great public support, an international petition campaign, and persistence by her husband. This victory for a political prisoner, as well as the release of political prisoner Marshall Eddie Conway after 44 years in prison; political prisoner Maroon Shoatz's transfer from solitary confinement to general prison population, inspires our efforts to free all political prisoners.

The exoneration of innocent death row prisoner, Glen Ford, just before the state of Louisiana was set to execute him, is another blow to the existence of the racist death penalty. And the massive hunger strikes organized by prisoners, including undocumented detainees, in California, Washington, Texas and Georgia are an example of resistance to prisoners and workers everywhere. 

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C. SPECIAL APPEALS AND
ONGOING CAMPAIGNS


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Next Tuesday marks the end of the first year in office for South Korea's President Park, Geun-hye.

On that day, South Korea's trade union confederation (the KCTU) will be holding a nationwide "people's strike" together with broader social movements including organisations of peasants, the urban poor, small shop keepers, students, and youth.

They'll be marching under the slogan "After one year under Park's Government, we cannot stand it anymore!"

Human and trade union rights have been attacked and democracy in the country has been undermined since Park came to power.

Organising strikes in President Park's Korea is increasingly dangerous.  Harsh repression is becoming the norm.  Unions are under attack.

The Korean Teachers Union has been de-registered and the Korean Government Employees Union refused registration. Union buildings have been raided. There are eleven trade union leaders behind bars at the moment, some of them still awaiting trial, some already convicted.  Four have just been bailed for trial later.

In solidarity with the 15 union leaders in prison or on bail, and with the KCTU, the global trade union movement is calling for the release of all imprisoned trade unionists.

That's why the International Trade Union Confederation has launched this new campaign on LabourStart:

http://www.labourstartcampaigns.net/show_campaign.cgi?c=2183&src=lsmm

It will take you less than one minute to show your support for our brothers and sisters on the front lines in the fight for democracy in Korea.

Once you've signed the campaign, please don't stop there -- spread the word in your union and workplace.

I know that we can count on your support.

Thank you!

Eric Lee

P.S. There's been a major show of support for Canadian workers on strike since September 2013 at Crown Holdings. The Toronto and York Region Labour Council has voted to boycott Carnival, whose CEO is board member of Crown.  Have you supported this campaign yet?  Please do so and spread the word.
Copyright © 2014 LabourStart, All rights reserved.
http://www.labourstart.org
Our mailing address is:
LabourStart
Unit 168, Lee Valley Technopark
Ashley Road, Tottenham
London, England N17 3LN
United Kingdom

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AN URGENT FUNDRAISER FOR LYNNE STEWART'S MEDICAL NEEDS CONTINUES
http://lynnestewart.org/

LYNNE STEWART HAS JUST BEEN DENIED MEDICAL BENEFITS. SHE CAN'T RE-APPLY UNTIL JULY! SHE IS IN URGENT NEED OF OUR HELP NOW!

Because of a determined people’s movement, Lynne is finally home with her family. But she has urgent medical needs and costs. Lynne’s Stage 4 breast cancer spread a year ago to both lungs, back, bones and lymph nodes. Now 74, she has lost weight and has trouble breathing; doctors estimate her lifespan at 12 months. Lynne will soon begin treatment requiring her to pay deductibles and co-payments. To boost the odds, she’ll use a special diet, vitamins, and other healing methods – some costly and none covered by insurance.
Lynne’s spirit is indomitable – help her fight to survive!

“I fought lions, I fought tigers, and I’m not going to let cancer get me,” Stewart said.

Lynne has always come to the aid of those who needed her. Now it’s our turn to stand by Lynne.

SEND LYNNE A DONATION TO:

On line at:

http://www.indiegogo.com/projects/lynne-stewart-s-medical-fund

Or by USPS to:

Lynne Stewart Defense Committee
  1070 Dean Street?
  Brooklyn, New York 11216



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Tell Maj. Gen. Buchanan why Chelsea
deserves to be free!


PVT Chelsea Manning has served nearly four years in prison, yet she’s showing a remarkable spirit of persistence. She is unjustly imprisoned, but not defeated. With plans to enroll in a prelaw/political science university program, and a legal name change underway, she continues planning for her future and working to fulfill her dreams. She is determined to make the best of her situation. However, we know she could contribute more to the world if she was free.
Please write a letter to Convening Authority Major General Buchanan today urging him to reduce Chelsea’s sentence!
We began collecting letters to include in PVT Manning’s clemency packet last fall. We expected that the military would finalize her record of trial last December, and that she could then submit her application to Maj. Gen. Buchanan by the end of 2013. Just like so many times before, however, the military’s process has slowed Chelsea’s ability to defend her rights. Defense attorney David Coombs now estimates that it will be at least another month before the clemency application can be submitted.
Want to make sure decision-makers know why you believe Chelsea deserves to go free? If you haven’t done so yet, please write a short letter to Maj. Gen. Buchanan. Hundreds of people have already submitted letters for us to use, including Pentagon Papers whistleblower Daniel Ellsberg and award-winning author Alice Walker.
As Alice Walker wrote:
Private Manning was the one soldier willing to speak out against what he thought was wrong. When others silently followed orders, Manning could not. Pvt. Manning is a humanist, meaning he sees humanity before nationality, and values human life above all else. When he released documents to WikiLeaks in 2010, he wanted the American people, and the world, to judge for themselves if the U.S. military was properly valuing human life in Iraq and Afghanistan. As taxpayers who fund that military, we deserve that opportunity.
Learn now how you can write a letter to be included in Chelsea Manning’s official application for clemency!
Please share this information to friends and community leaders, urging them to add their voice to this important effort before it's too late.
http://www.privatemanning.org/pardonpetition



Help us continue to cover 100%
of Pvt. Manning's legal fees! Donate today.
https://co.clickandpledge.com/sp/d1/default.aspx?wid=38591


COURAGE TO RESIST
http://couragetoresist.org
484 Lake Park Ave #41, Oakland CA 94610
510-488-3559

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Only an Innocent Man Would Voluntarily Return
to Prison to Fight Against his Life Sentence
and For Exoneration —
That Courageous Man is Lorenzo Johnson.

The PA Attorney General’s Office Agrees to Investigate New Facts and Witnesses —
  Send Your Message Now to PA AG
Kathleen Kane: Dismiss the Charges!
Free Lorenzo Johnson!

On January 29, 2014 Lorenzo Johnson’s attorney, Michael Wiseman, met with representatives of PA Attorney General Kathleen Kane to discuss the new evidence of Lorenzo Johnson’s innocence contained in legal filings now pending in the Pennsylvania courts. This includes affidavits confirming Johnson’s presence in New York City at the time of the Harrisburg murder and the identity of the actual killers, as well as police and prosecutorial misconduct.

Attorney Wiseman said Kane’s office promised to investigate these new facts in order to assess whether they merit the relief that Lorenzo Johnson seeks in his PCRA petition.

Speaking to AP reporter Mary Claire Dale on February 11, 2014 Wiseman said, “We believe the witnesses we presented to them are credible, and give a coherent version of the events. I take them at their word, that they’re going to do a straightforward, honest review.”  Kane spokesman Joe Peters confirmed the meeting to AP “but said the office won’t comment on the new evidence until the court filing,” (referring to the March 31, 2014 date for the AG’s response to Johnson’s October 2013 court filing).

It is the Office of the PA Attorney General that is responsible for the false prosecution of Lorenzo Johnson from trial through appeals. And just a few months ago, the Attorney General’s office opposed a federal petition based on this new evidence saying there was no prima facie claim for relief. This resulted in the denial of Lorenzo Johnson’s Motion to File a Second Writ of Habeas Corpus in the federal court.

On December 18, 2013 a press conference called by the Campaign to Free Lorenzo Johnson protested these actions of the PA Attorney General and delivered petitions demanding dismissal of the charges and immediate freedom for Lorenzo. Tazza, Lorenzo’s wife, declared, “1,000 signatures means we are not in this alone…I won't stop until he’s home. There is nothing and no one that can stop me from fighting for what’s right.”

This is Lorenzo Johnson’s second fight for his innocence and freedom. In January 2012, after 16 years of court battles to prove his innocence, a federal appeals court held his sentence was based on insufficient evidence – a judicial acquittal. Lorenzo was freed from prison. But after a petition filed by the PA Attorney General the U.S. Supreme Court reinstated Lorenzo Johnson’s conviction and he was re-incarcerated to continue serving a life sentence without parole for a murder he did not commit.

This innocent man drove himself back to prison in June 2012—after less than five months of freedom—leaving his new wife and family, construction job and advocacy on behalf of others wrongfully convicted. The reason Lorenzo Johnson voluntarily returned to prison? Because he is innocent and fighting for full vindication.

In the words of Lorenzo Johnson, “A second is too long to be in prison when you are Innocent, so eighteen years … is Intolerable.”

Add your voices and demand again: Dismiss the charges against Lorenzo Johnson. Free Lorenzo NOW!

 SIGN LORENZO JOHNSON'S FREEDOM PETITION

CONTRIBUTE TO HELP TAZZA AND THE OTHER FAMILY MEMBERS VISIT LORENZO AND STAY IN CONTACT!


Write: Lorenzo Johnson
            DF 1036
            SCI Mahanoy
            301 Morea Rd.
            Frackville, PA 17932

 Email: Lorenzo Johnson through JPAY.com code:
              Lorenzo Johnson DF 1036 PA DOC


 www.FreeLorenzoJohnson.org

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End Drone Killing, Drone Surveillance and Global 
Militarization 
United National Antiwar Coalition Call for Spring Days of
 Action 2014

Today we issue an international call for Spring Days of Action—2014, a coordinated campaign in April and May to end drone killings, drone surveillance and global militarization.

The campaign will focus on drone bases, drone research facilities and test sites and drone manufacturers.

The campaign will provide information on:

1. The suffering of tens-of-thousands of people in Afghanistan, Pakistan, Yemen, Somalia and Gaza who are under drone attack, documenting the killing, the wounding and the devastating impact of constant drone surveillance on community life.

2. How attack and surveillance drones have become a key element in a massive wave of surveillance, clandestine military attacks and militarization generated by the United States to protect a global system of manufacture and oil and mineral exploitation that is creating unemployment and poverty, accelerating the waste of nonrenewable resources and contributing to environmental destruction and global warming.

In addition to cases in the Middle East, Africa and Central Asia, we will examine President Obama’s “pivot” into the Asia-Pacific, where the United States has already sold and deployed drones in the vanguard of a shift of 60 percent of its military forces to try to control China and to enforce the planned Trans-Pacific Partnership. We will show, among other things, how this surge of “pivot” forces, greatly enabled by drones, and supported by the U.S. military-industrial complex, will hit every American community with even deeper cuts in the already fragile social programs on which people rely for survival. In short, we will connect drones and militarization with “austerity” in America.

3. How drone attacks have effectively destroyed international and domestic legal protection of the rights to life, privacy, freedom of assembly and free speech and have opened the way for new levels of surveillance and repression around the world, and how, in the United States, increasing drone surveillance, added to surveillance by the National Security Agency and police, provides a new weapon to repress black, Hispanic, immigrant and low-income communities and to intimidate Americans who are increasingly unsettled by lack of jobs, economic inequality, corporate control of politics and the prospect of endless war.

We will discuss how the United States government and corporations conspire secretly to monitor U.S. citizens and particularly how the Administration is accelerating drone surveillance operations and surveillance inside the United States with the same disregard for transparency and law that it applies to other countries, all with the cooperation of the Congress.

The campaign will encourage activists around the world to win passage of local laws that prohibit weaponized drones and drone surveillance from being used in their communities as well as seeking national laws to bar the use of weaponized drones and drone surveillance.

The campaign will draw attention to the call for a ban on weaponized drones by RootsAction.org that has generated a petition with over 80,000 signers:

http://act.rootsaction.org/p/dia/action/public/?action_KEY=6180

And to efforts by the Granny Peace Brigade (New York City), KnowDrones.org and others to achieve an international ban on both weaponized drones and drone surveillance.

The campaign will also urge participation in the World Beyond War movement.
The following individuals and organizations endorse this Call: 
Lyn Adamson, Co-chair, Canadian Voice of Women for Peace; Dennis Apel, Guadalupe Catholic Worker, California; Judy Bello, Upstate NY Coalition to Ground the Drones & End the Wars; Medea Benjamin, Code Pink; Leah Bolger, Former National President, Veterans for Peace; Canadian Voice of Women for Peace; Sung-Hee Choi, Gangjeong Village International Team, Jeju, Korea; Chelsea C. Faria, Graduate student, Yale Divinity School; Promoting Enduring Peace; Sandy Fessler, Rochester (NY) Against War; Joy First; Bruce K. Gagnon, Global Network Against Weapons & Nuclear Power in Space; Holly Gwinn Graham, Singer/songwriter, Olympia, WA; Regina Hagen, Darmstaedter Friedensforum, Germany; Kathy Kelly, Voices for Creative Nonviolence; Malachy Kilbride; Marilyn Levin and Joe Lombardo, Co-Coordinators, United National Antiwar Coalition; Tamara Lorincz, Halifax Peace Coalition, Canada; Nick Mottern, KnowDrones.org; Agneta Norberg, Swedish Peace Council; Pepperwolf, Director, Women Against Military Madness; Lindis Percy, Coordinator, Campaign for the Accountability of American; Bases CAAB UK; Mathias Quackenbush, San Francisco, CA; Lisa Savage, Code Pink, State of Maine; Janice Sevre-Duszynska; Wolfgang Schlupp-Hauck, Friedenswerkstatt Mutlangen, Germany; Cindy Sheehan; Lucia Wilkes Smith, Convener, Women Against Military Madness (WAMM),  Ground; Military Drones Committee; David Soumis, Veterans for Peace; No Drones Wisconsin; Debra Sweet, World Can’t Wait; David Swanson, WarisACrime.org; Brian Terrell, Voices for Creative Nonviolence; United National Antiwar Coalition; Veterans for Peace; Dave Webb, Chair, Campaign for Nuclear Disarmament (UK); Curt Wechsler, Fire John Paki Wieland, Northampton (MA) Committee to Stop War(s); Loring Wirbel, Citizens for Peace in Space (Colorado Springs, CO); Women Against Military Madness; Ann Wright, Retired U.S. Army colonel and former diplomat; Leila Zand, Fellowship of Reconciliation.
United National Antiwar Coalition
UNACpeace@gmail.com
UNAC
P.O. Box 123
Delmar, NY 12054
518-227-6947
www.unacpeace.org

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Sireen Khudairy Appeal Update.

Sireen Khudairy was arrested again at 4am on Tuesday 7th January 2014. According to reports she has been taken to Huwwara military point. When the Israeli army took her from her home they didn't show any papers to her or the person she was with.

This follows eight months of harassment of this 24-year-old Palestinian woman who is a teacher, activist and supporter of the non-violent action against the Israeli occupation. She was previously imprisoned from May to July 2013, and has been subjected to frequent harassment ever since. See further details at:

http://freesireen.wordpress.com

Please help by contacting your Embassies urgently to demand her release and spread her appeal widely. Follow updates on:

https://www.facebook.com/FreeSireenKhudiri?ref=hl

Please contact us to let us know any action you take. We will pass this information on to her family. Thanks for your solidarity and support.  

Steven Katsineris, January 2014
 
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U.S. Court of Appeals Rules Against Lorenzo Johnson’s
New Legal Challenge to His Frame-up Conviction!
Demand the PA Attorney General Dismiss the Charges!
Free Lorenzo Johnson, Now!

The U.S. Court of Appeals for the Third Circuit denied Lorenzo Johnson’s motion to file a Second Habeas Corpus Petition. The order contained the outrageous declaration that Johnson hadn’t made a “prima facie case” that he had new evidence of his innocence. This not only puts a legal obstacle in Johnson’s path as his fight for freedom makes its way (again) through the state and federal courts—but it undermines the newly filed Pennsylvania state appeal that is pending in the Court of Common Pleas.

Stripped of  “legalese,” the court’s October 15, 2013 order says Johnson’s new evidence was not brought into court soon enough—although it was the prosecution and police who withheld evidence and coerced witnesses into lying or not coming forward with the truth! This, despite over fifteen years and rounds of legal battles to uncover the evidence of government misconduct. This is a set-back for Lorenzo Johnson’s renewed fight for his freedom, but Johnson is even more determined as his PA state court appeal continues.

Increased public support and protest is needed. The fight for Lorenzo Johnson’s freedom is not only a fight for this courageous man and family. The fight for Lorenzo Johnson is also a fight for all the innocent others who have been framed and are sitting in the slow death of prison. The PA Attorney General is directly pursuing the charges against Lorenzo, despite the evidence of his innocence and the corruption of the police. Free Lorenzo Johnson, Now!

—Rachel Wolkenstein, Esq.
   October 25, 2013

For more on the federal court and PA state court legal filings.
Hear Mumia’s latest commentary, “Cat Cries”
Go to: www.FreeLorenzoJohnson.org for more information, to sign the petition, and how to help.
 
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PUSH CHELSEA'S JAILERS TO RESPECT HER IDENTITY
Call and write Ft Leavenworth today and tell them to honor Manning's wishes around her name and gender:
Call: (913) 758-3600


Write to:
Col. Sioban Ledwith, Commander
U.S. Detention Barracks
1301 N Warehouse Rd
Ft. Leavenworth KS 66027

Private Manning has been an icon both for the government transparency movement and LGBTQ activists because of her fearlessness and acts of conscience. Now, as she begins serving her sentence, Chelsea has asked for help with legal appeals, family visits, education, and support for undergoing gender transition. The latter is a decision she’s made following years of experiencing gender dysphoria and examining her options. At a difficult time in her life, she joined the military out of hope–the hope that she could use her service to save lives, and also the hope that it would help to suppress her feelings of gender dysphoria. But after serving time in Iraq, Private Manning realized what mattered to her most was the truth, personal as well as political, even when it proved challenging.

Now she wants the Fort Leavenworth military prison to allow her access to hormone replacement therapy which she has offered to pay for herself, as she pursues the process to have her name legally changed to ‘Chelsea Elizabeth Manning.’

To encourage the prison to honor her transgender identity, we’re calling on progressive supporters and allies to contact Fort Leavenworth officials demanding they acknowledge her requested name change immediately. Currently, prison officials are not required to respect Chelsea’s identity, and can even refuse to deliver mail addressed to the name ‘Chelsea Manning.’ However, it’s within prison administrators’ power to begin using the name ‘Chelsea Manning’ now, in advance of the legal name change which will most likely be approved sometime next year. It’s also up to these officials to approve Private Manning’s request for hormone therapy.
Call: (913) 758-3600


Write to:
Col. Sioban Ledwith, Commander
U.S. Detention Barracks
1301 N Warehouse Rd
Ft. Leavenworth KS 66027

Tell them: “Transgender rights are human rights! Respect Private Manning’s identity by acknowledging the name ‘Chelsea Manning’ whenever possible, including in mail addressed to her, and by allowing her access to appropriate medical treatment for gender dysphoria, including hormone replacement therapy (HRT).”

While openly transgender individuals are allowed to serve in many other militaries around the world, the US military continues to deny their existence. Now, by speaking up for Chelsea’s right to treatment, you can support one brave whistleblower in her personal struggle, and help set an important benchmark for the rights of transgender individuals everywhere. (Remember that letters written with focus and a respectful tone are more likely to be effective.) Feel free to copy this sample letter.

Earlier this year, the Private Manning Support Network won the title of most “absolutely fabulous overall contingent” at the San Francisco Pride Parade, the largest celebration of its kind for LGBTQ (Lesbian, Gay Bisexual, Transgender and Questioning) people nationwide. Over one thousand people marched for Private Chelsea (formerly Bradley) Manning in that parade, to show LGBTQ community pride for the Iraq War’s most well-known whistleblower.

Help us continue to cover 100%
of Pvt. Manning's legal fees! Donate today.
https://co.clickandpledge.com/sp/d1/default.aspx?wid=38591

COURAGE TO RESIST
http://couragetoresist.org
484 Lake Park Ave #41, Oakland CA 94610
510-488-3559
 

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 SAVE CCSF!


Two campaigns that need funds – Please donate!
Posted on August 25, 2013

Cartoon by Anthonty Mata for CCSF Guardsman

DOE CAMPAIGN
We are working to ensure that the ACCJC’s authority is not renewed by the Department of Education this December when they are up for their 5-year renewal. Our campaign made it possible for over 50 Third Party Comments to be sent to the DOE re: the ACCJC. Our next step in this campaign is to send a delegation from CCSF to Washington, D.C. to give oral comments at the hearing on December 12th. We expect to have an array of forces aligned on the other side who have much more money and resources than we do.
So please support this effort to get ACCJC authority revoked!

LEGAL CAMPAIGN
Save CCSF members have been meeting with Attorney Dan Siegel since last May to explore legal avenues to fight the ACCJC. After much consideration, and consultation with AFT 2121’s attorney as well as the SF City Attorney’s office, Dan has come up with a legal strategy that is complimentary to what is already being pursued. In fact, AFT 2121’s attorney is encouraging us to go forward.
The total costs of pursuing this (depositions, etc.) will be substantially more than $15,000. However, Dan is willing to do it for a fixed fee of $15,000. He will not expect a retainer, i.e. payment in advance, but we should start payments ASAP. If we win the ACCJC will have to pay our costs.

PLEASE HELP BOTH OF THESE IMPORTANT EFFORTS!
Checks can be made out to Save CCSF Coalition with “legal” in the memo line and sent to:
Save CCSF Coalition
2132 Prince St.
Berkeley, CA 94705
Or you may donate online:  http://www.gofundme.com/4841ns

http://www.saveccsf.org/
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16 Years in Solitary Confinement Is Like a "Living Tomb"

American Civil Liberties Union petition to end long-term solitary confinement:
California Corrections Secretary Jeffrey Beard: We stand with the prisoners on hunger strike. We urge you to comply with the US Commission on Safety and Abuse in America’s Prisons 2006 recommendations regarding an end to long-term solitary confinement.

In California, hundreds of prisoners have been held in solitary for more than a decade – some for infractions as trivial as reading Machiavelli's "The Prince."

Gabriel Reyes describes the pain of being isolated for at least 22 hours a day for the last 16 years:

“Unless you have lived it, you cannot imagine what it feels like to be by yourself, between four cold walls, with little concept of time…. It is a living tomb …’ I have not been allowed physical contact with any of my loved ones since 1995…I feel helpless and hopeless. In short, I am being psychologically tortured.”

That’s why over 30,000 prisoners in California began a hunger strike – the biggest the state has ever seen. They’re refusing food to protest prisoners being held for decades in solitary and to push for other changes to improve their basic conditions.

California Corrections Secretary Jeffrey Beard has tried to dismiss the strikers and refuses to negotiate, but the media pressure is building through the strike. If tens of thousands of us take action, we can help keep this issue in the spotlight so that Secretary Beard can’t ignore the inhumane treatment of prisoners.

Sign the petition urging Corrections Secretary Beard to end the use of long-term solitary confinement.

Solitary is such an extreme form of punishment that a United Nations torture rapporteur called for an international ban on the practice except in rare occasions. Here’s why:

The majority of the 80,000 people held in solitary in this country are severely mentally ill or because of a minor infraction (it’s a myth that it’s only for violent prisoners)
Even for people with stable mental health, solitary causes severe psychological reactions, often leading people to attempt suicide
It jeopardizes public safety because prisoners held in solitary have a harder time reintegrating into society.

And to add insult to injury, the hunger strikers are now facing retaliation – their lawyers are being restricted from visiting and the strikers are being punished. But the media continues to write about the hunger strike and we can help keep the pressure on Secretary Beard by signing this petition.

Sign the petition urging Corrections Secretary Beard to end the use of long-term solitary confinement.

Our criminal justice system should keep communities safe and treat people fairly. The use of solitary confinement undermines both of these goals – but little by little, we can help put a stop to such cruelty.

Thank you,
Anthony for the ACLU Action team
P.S. The hunger strikers have developed five core demands to address their basic conditions, the main one being an end to long-term solitary confinement. They are:

-End group punishment – prisoners say that officials often punish groups to address individual rule violations

-Abolish the debriefing policy, which is often demanded in return for better food or release from solitary

-End long-term solitary confinement

-Provide adequate and nutritious food

-Expand or provide constructive programming and privileges for indefinite SHU inmates

Sources
“Solitary - and anger - in California's prisons.” Los Angeles Times July 13, 2013
“Pelican Bay Prison Hunger-Strikers' Stories: Gabriel Reyes.” TruthOut July 9, 2013
“Solitary confinement should be banned in most cases, UN expert says.” UN News October 18, 2011
"Stop Solitary - Two Pager" ACLU.org
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What you Didn't know about NYPD's Stop and Frisk program !
http://www.youtube.com/watch?feature=player_embedded&v=rfJHx0Gj6ys#at=990

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Egypt: The Next President -- a little Egyptian boy speaks his remarkable mind!
http://www.youtube.com/watch?v=QeDm2PrNV1I

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Wealth Inequality in America

[This is a must see to believe video...bw]

https://www.youtube.com/watch?feature=player_embedded&v=QPKKQnijnsM

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Read the transcription of hero Bradley Manning's 35-page statement explaining why he leaked "state secrets" to WikiLeaks.

March 1, 2013

Alternet

The statement was read by Pfc. Bradley Manning at a providence inquiry for his formal plea of guilty to one specification as charged and nine specifications for lesser included offenses. He pled not guilty to 12 other specifications. This rush transcript was taken by journalist Alexa O'Brien at Thursday's pretrial hearing and first appeared on Salon.com.

http://www.alternet.org/news-amp-politics/bradley-mannings-surprising-statement-court-details-why-he-made-his-historic?akid=10129.229473.UZvQfK&rd=1&src=newsletter802922&t=7

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You Have the Right to Remain Silent: NLG Guide to Law Enforcement Encounters

Posted 1 day ago on July 27, 2012, 10:28 p.m. EST by OccupyWallSt

Occupy Wall Street is a nonviolent movement for social and economic justice, but in recent days disturbing reports have emerged of Occupy-affiliated activists being targeted by US law enforcement, including agents from the FBI and Department of Homeland Security. To help ensure Occupiers and allied activists know their rights when encountering law enforcement, we are publishing in full the National Lawyers Guild's booklet: You Have the Right to Remain Silent. The NLG provides invaluable support to the Occupy movement and other activists – please click here to support the NLG.

We strongly encourage all Occupiers to read and share the information provided below. We also recommend you enter the NLG's national hotline number (888-654-3265) into your cellphone (if you have one) and keep a copy handy. This information is not a substitute for legal advice. You should contact the NLG or a criminal defense attorney immediately if you have been visited by the FBI or other law enforcement officials. You should also alert your relatives, friends, co-workers and others so that they will be prepared if they are contacted as well.

You Have the Right to Remain Silent: A Know Your Rights Guide for Law Enforcement Encounters

What Rights Do I Have?

Whether or not you're a citizen, you have rights under the United States Constitution. The Fifth Amendment gives every person the right to remain silent: not to answer questions asked by a police officer or government agent. The Fourth Amendment restricts the government's power to enter and search your home or workplace, although there are many exceptions and new laws have expanded the government's power to conduct surveillance. The First Amendment protects your right to speak freely and to advocate for social change. However, if you are a non-citizen, the Department of Homeland Security may target you based on your political activities.

Standing Up For Free Speech

The government's crusade against politically-active individuals is intended to disrupt and suppress the exercise of time-honored free speech activities, such as boycotts, protests, grassroots organizing and solidarity work. Remember that you have the right to stand up to the intimidation tactics of FBI agents and other law enforcement officials who, with political motives, are targeting organizing and free speech activities. Informed resistance to these tactics and steadfast defense of your and others' rights can bring positive results. Each person who takes a courageous stand makes future resistance to government oppression easier for all. The National Lawyers Guild has a long tradition of standing up to government repression. The organization itself was labeled a "subversive" group during the McCarthy Era and was subject to FBI surveillance and infiltration for many years. Guild attorneys have defended FBI-targeted members of the Black Panther Party, the American Indian Movement, and the Puerto Rican independence movement. The NLG exposed FBI surveillance, infiltration and disruption tactics that were detailed during the 1975-76 COINTELPRO hearings. In 1989 the NLG prevailed in a lawsuit on behalf of several activist organizations, including the Guild, that forced the FBI to expose the extent to which it had been spying on activist movements. Under the settlement, the FBI turned over roughly 400,000 pages of its files on the Guild, which are now available at the Tamiment Library at New York University.

What if FBI Agents or Police Contact Me?

What if an agent or police officer comes to the door?

Do not invite the agents or police into your home. Do not answer any questions. Tell the agent that you do not wish to talk with him or her. You can state that your lawyer will contact them on your behalf. You can do this by stepping outside and pulling the door behind you so that the interior of your home or office is not visible, getting their contact information or business cards and then returning inside. They should cease questioning after this. If the agent or officer gives a reason for contacting you, take notes and give the information to your attorney. Anything you say, no matter how seemingly harmless or insignificant, may be used against you or others in the future. Lying to or misleading a federal agent is a crime. The more you speak, the more opportunity for federal law enforcement to find something you said (even if not intentionally) false and assert that you lied to a federal officer.

Do I have to answer questions?

You have the constitutional right to remain silent. It is not a crime to refuse to answer questions. You do not have to talk to anyone, even if you have been arrested or are in jail. You should affirmatively and unambiguously state that you wish to remain silent and that you wish to consult an attorney. Once you make the request to speak to a lawyer, do not say anything else. The Supreme Court recently ruled that answering law enforcement questions may be taken as a waiver of your right to remain silent, so it is important that you assert your rights and maintain them. Only a judge can order you to answer questions. There is one exception: some states have "stop and identify" statutes which require you to provide identity information or your name if you have been detained on reasonable suspicion that you may have committed a crime. A lawyer in your state can advise you of the status of these requirements where you reside.

Do I have to give my name?

As above, in some states you can be detained or arrested for merely refusing to give your name. And in any state, police do not always follow the law, and refusing to give your name may make them suspicious or more hostile and lead to your arrest, even without just cause, so use your judgment. Giving a false name could in some circumstances be a crime.

Do I need a lawyer?

You have the right to talk to a lawyer before you decide whether to answer questions from law enforcement. It is a good idea to talk to a lawyer if you are considering answering any questions. You have the right to have a lawyer present during any interview. The lawyer's job is to protect your rights. Once you tell the agent that you want to talk to a lawyer, he or she should stop trying to question you and should make any further contact through your lawyer. If you do not have a lawyer, you can still tell the officer you want to speak to one before answering questions. Remember to get the name, agency and telephone number of any investigator who visits you, and give that information to your lawyer. The government does not have to provide you with a free lawyer unless you are charged with a crime, but the NLG or another organization may be able to help you find a lawyer for free or at a reduced rate.

If I refuse to answer questions or say I want a lawyer, won't it seem like I have something to hide?

Anything you say to law enforcement can be used against you and others. You can never tell how a seemingly harmless bit of information might be used or manipulated to hurt you or someone else. That is why the right not to talk is a fundamental right under the Constitution. Keep in mind that although law enforcement agents are allowed to lie to you, lying to a government agent is a crime. Remaining silent is not. The safest things to say are "I am going to remain silent," "I want to speak to my lawyer," and "I do not consent to a search." It is a common practice for law enforcement agents to try to get you to waive your rights by telling you that if you have nothing to hide you would talk or that talking would "just clear things up." The fact is, if they are questioning you, they are looking to incriminate you or someone you may know, or they are engaged in political intelligence gathering. You should feel comfortable standing firm in protection and defense of your rights and refusing to answer questions.

Can agents search my home or office?

You do not have to let police or agents into your home or office unless they have and produce a valid search warrant. A search warrant is a written court order that allows the police to conduct a specified search. Interfering with a warrantless search probably will not stop it and you might get arrested. But you should say "I do not consent to a search," and call a criminal defense lawyer or the NLG. You should be aware that a roommate or guest can legally consent to a search of your house if the police believe that person has the authority to give consent, and your employer can consent to a search of your workspace without your permission.

What if agents have a search warrant?

If you are present when agents come for the search, you can ask to see the warrant. The warrant must specify in detail the places to be searched and the people or things to be taken away. Tell the agents you do not consent to the search so that they cannot go beyond what the warrant authorizes. Ask if you are allowed to watch the search; if you are allowed to, you should. Take notes, including names, badge numbers, what agency each officer is from, where they searched and what they took. If others are present, have them act as witnesses to watch carefully what is happening. If the agents ask you to give them documents, your computer, or anything else, look to see if the item is listed in the warrant. If it is not, do not consent to them taking it without talking to a lawyer. You do not have to answer questions. Talk to a lawyer first. (Note: If agents present an arrest warrant, they may only perform a cursory visual search of the premises to see if the person named in the arrest warrant is present.)

Do I have to answer questions if I have been arrested?

No. If you are arrested, you do not have to answer any questions. You should affirmatively and unambiguously state that you wish to assert your right to remain silent. Ask for a lawyer right away. Do not say anything else. Repeat to every officer who tries to talk to or question you that you wish to remain silent and that you wish to speak to a lawyer. You should always talk to a lawyer before you decide to answer any questions.

What if I speak to government agents anyway?

Even if you have already answered some questions, you can refuse to answer other questions until you have a lawyer. If you find yourself talking, stop. Assert that you wish to remain silent and that you wish to speak to a lawyer.

What if the police stop me on the street?

Ask if you are free to go. If the answer is yes, consider just walking away. If the police say you are not under arrest, but are not free to go, then you are being detained. The police can pat down the outside of your clothing if they have reason to suspect you might be armed and dangerous. If they search any more than this, say clearly, "I do not consent to a search." They may keep searching anyway. If this happens, do not resist because you can be charged with assault or resisting arrest. You do not have to answer any questions. You do not have to open bags or any closed container. Tell the officers you do not consent to a search of your bags or other property.

What if police or agents stop me in my car?

Keep your hands where the police can see them. If you are driving a vehicle, you must show your license, registration and, in some states, proof of insurance. You do not have to consent to a search. But the police may have legal grounds to search your car anyway. Clearly state that you do not consent. Officers may separate passengers and drivers from each other to question them, but no one has to answer any questions.

What if I am treated badly by the police or the FBI?

Write down the officer's badge number, name or other identifying information. You have a right to ask the officer for this information. Try to find witnesses and their names and phone numbers. If you are injured, seek medical attention and take pictures of the injuries as soon as you can. Call a lawyer as soon as possible.

What if the police or FBI threaten me with a grand jury subpoena if I don't answer their questions?

A grand jury subpoena is a written order for you to go to court and testify about information you may have. It is common for the FBI to threaten you with a subpoena to get you to talk to them. If they are going to subpoena you, they will do so anyway. You should not volunteer to speak just because you are threatened with a subpoena. You should consult a lawyer.

What if I receive a grand jury subpoena?

Grand jury proceedings are not the same as testifying at an open court trial. You are not allowed to have a lawyer present (although one may wait in the hallway and you may ask to consult with him or her after each question) and you may be asked to answer questions about your activities and associations. Because of the witness's limited rights in this situation, the government has frequently used grand jury subpoenas to gather information about activists and political organizations. It is common for the FBI to threaten activists with a subpoena in order to elicit information about their political views and activities and those of their associates. There are legal grounds for stopping ("quashing") subpoenas, and receiving one does not necessarily mean that you are suspected of a crime. If you do receive a subpoena, call the NLG National Hotline at 888-NLG-ECOL (888-654-3265) or call a criminal defense attorney immediately.

The government regularly uses grand jury subpoena power to investigate and seek evidence related to politically-active individuals and social movements. This practice is aimed at prosecuting activists and, through intimidation and disruption, discouraging continued activism.

Federal grand jury subpoenas are served in person. If you receive one, it is critically important that you retain the services of an attorney, preferably one who understands your goals and, if applicable, understands the nature of your political work, and has experience with these issues. Most lawyers are trained to provide the best legal defense for their client, often at the expense of others. Beware lawyers who summarily advise you to cooperate with grand juries, testify against friends, or cut off contact with your friends and political activists. Cooperation usually leads to others being subpoenaed and investigated. You also run the risk of being charged with perjury, a felony, should you omit any pertinent information or should there be inconsistencies in your testimony.

Frequently prosecutors will offer "use immunity," meaning that the prosecutor is prohibited from using your testimony or any leads from it to bring charges against you. If a subsequent prosecution is brought, the prosecutor bears the burden of proving that all of its evidence was obtained independent of the immunized testimony. You should be aware, however, that they will use anything you say to manipulate associates into sharing more information about you by suggesting that you have betrayed confidences.

In front of a grand jury you can "take the Fifth" (exercise your right to remain silent). However, the prosecutor may impose immunity on you, which strips you of Fifth Amendment protection and subjects you to the possibility of being cited for contempt and jailed if you refuse to answer further. In front of a grand jury you have no Sixth Amendment right to counsel, although you can consult with a lawyer outside the grand jury room after each question.

What if I don't cooperate with the grand jury?

If you receive a grand jury subpoena and elect to not cooperate, you may be held in civil contempt. There is a chance that you may be jailed or imprisoned for the length of the grand jury in an effort to coerce you to cooperate. Regular grand juries sit for a basic term of 18 months, which can be extended up to a total of 24 months. It is lawful to hold you in order to coerce your cooperation, but unlawful to hold you as a means of punishment. In rare instances you may face criminal contempt charges.

What If I Am Not a Citizen and the DHS Contacts Me?

The Immigration and Naturalization Service (INS) is now part of the Department of Homeland Security (DHS) and has been renamed and reorganized into: 1. The Bureau of Citizenship and Immigration Services (BCIS); 2. The Bureau of Customs and Border Protection (CBP); and 3. The Bureau of Immigration and Customs Enforcement (ICE). All three bureaus will be referred to as DHS for the purposes of this pamphlet.

? Assert your rights. If you do not demand your rights or if you sign papers waiving your rights, the Department of Homeland Security (DHS) may deport you before you see a lawyer or an immigration judge. Never sign anything without reading, understanding and knowing the consequences of signing it.

? Talk to a lawyer. If possible, carry with you the name and telephone number of an immigration lawyer who will take your calls. The immigration laws are hard to understand and there have been many recent changes. DHS will not explain your options to you. As soon as you encounter a DHS agent, call your attorney. If you can't do it right away, keep trying. Always talk to an immigration lawyer before leaving the U.S. Even some legal permanent residents can be barred from returning.

Based on today's laws, regulations and DHS guidelines, non-citizens usually have the following rights, no matter what their immigration status. This information may change, so it is important to contact a lawyer. The following rights apply to non-citizens who are inside the U.S. Non-citizens at the border who are trying to enter the U.S. do not have all the same rights.

Do I have the right to talk to a lawyer before answering any DHS questions or signing any DHS papers?

Yes. You have the right to call a lawyer or your family if you are detained, and you have the right to be visited by a lawyer in detention. You have the right to have your attorney with you at any hearing before an immigration judge. You do not have the right to a government-appointed attorney for immigration proceedings, but if you have been arrested, immigration officials must show you a list of free or low cost legal service providers.

Should I carry my green card or other immigration papers with me?

If you have documents authorizing you to stay in the U.S., you must carry them with you. Presenting false or expired papers to DHS may lead to deportation or criminal prosecution. An unexpired green card, I-94, Employment Authorization Card, Border Crossing Card or other papers that prove you are in legal status will satisfy this requirement. If you do not carry these papers with you, you could be charged with a crime. Always keep a copy of your immigration papers with a trusted family member or friend who can fax them to you, if need be. Check with your immigration lawyer about your specific case.

Am I required to talk to government officers about my immigration history?

If you are undocumented, out of status, a legal permanent resident (green card holder), or a citizen, you do not have to answer any questions about your immigration history. (You may want to consider giving your name; see above for more information about this.) If you are not in any of these categories, and you are being questioned by a DHS or FBI agent, then you may create problems with your immigration status if you refuse to provide information requested by the agent. If you have a lawyer, you can tell the agent that your lawyer will answer questions on your behalf. If answering questions could lead the agent to information that connects you with criminal activity, you should consider refusing to talk to the agent at all.

If I am arrested for immigration violations, do I have the right to a hearing before an immigration judge to defend myself against deportation charges?

Yes. In most cases only an immigration judge can order you deported. But if you waive your rights or take "voluntary departure," agreeing to leave the country, you could be deported without a hearing. If you have criminal convictions, were arrested at the border, came to the U.S. through the visa waiver program or have been ordered deported in the past, you could be deported without a hearing. Contact a lawyer immediately to see if there is any relief for you.

Can I call my consulate if I am arrested?

Yes. Non-citizens arrested in the U.S. have the right to call their consulate or to have the police tell the consulate of your arrest. The police must let your consulate visit or speak with you if consular officials decide to do so. Your consulate might help you find a lawyer or offer other help. You also have the right to refuse help from your consulate.

What happens if I give up my right to a hearing or leave the U.S. before the hearing is over?

You could lose your eligibility for certain immigration benefits, and you could be barred from returning to the U.S. for a number of years. You should always talk to an immigration lawyer before you decide to give up your right to a hearing.

What should I do if I want to contact DHS?

Always talk to a lawyer before contacting DHS, even on the phone. Many DHS officers view "enforcement" as their primary job and will not explain all of your options to you.

What Are My Rights at Airports?

IMPORTANT NOTE: It is illegal for law enforcement to perform any stops, searches, detentions or removals based solely on your race, national origin, religion, sex or ethnicity.

If I am entering the U.S. with valid travel papers can a U.S. customs agent stop and search me?

Yes. Customs agents have the right to stop, detain and search every person and item.

Can my bags or I be searched after going through metal detectors with no problem or after security sees that my bags do not contain a weapon?

Yes. Even if the initial screen of your bags reveals nothing suspicious, the screeners have the authority to conduct a further search of you or your bags.

If I am on an airplane, can an airline employee interrogate me or ask me to get off the plane?

The pilot of an airplane has the right to refuse to fly a passenger if he or she believes the passenger is a threat to the safety of the flight. The pilot's decision must be reasonable and based on observations of you, not stereotypes.

What If I Am Under 18?

Do I have to answer questions?

No. Minors too have the right to remain silent. You cannot be arrested for refusing to talk to the police, probation officers, or school officials, except in some states you may have to give your name if you have been detained.

What if I am detained?

If you are detained at a community detention facility or Juvenile Hall, you normally must be released to a parent or guardian. If charges are filed against you, in most states you are entitled to counsel (just like an adult) at no cost.

Do I have the right to express political views at school?

Public school students generally have a First Amendment right to politically organize at school by passing out leaflets, holding meetings, etc., as long as those activities are not disruptive and do not violate legitimate school rules. You may not be singled out based on your politics, ethnicity or religion.

Can my backpack or locker be searched?

School officials can search students' backpacks and lockers without a warrant if they reasonably suspect that you are involved in criminal activity or carrying drugs or weapons. Do not consent to the police or school officials searching your property, but do not physically resist or you may face criminal charges.

Disclaimer

This booklet is not a substitute for legal advice. You should contact an attorney if you have been visited by the FBI or other law enforcement officials. You should also alert your relatives, friends, co-workers and others so that they will be prepared if they are contacted as well.

NLG National Hotline for Activists Contacted by the FBI

888-NLG-ECOL

(888-654-3265)

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Free Mumia NOW!

Prisonradio.org

Write to Mumia:

Mumia Abu-Jamal AM 8335

SCI Mahanoy

301 Morea Road

Frackville, PA 17932

FOR IMMEDIATE RELEASE Contact: Rachel Wolkenstein

August 21, 2011 (917) 689-4009

MUMIA ABU-JAMAL ILLEGALLY SENTENCED TO

LIFE IMPRISONMENT WITHOUT PAROLE!

FREE MUMIA NOW!

www.FreeMumia.com

http://blacktalkradionetwork.com/profiles/blogs/mumia-is-formally-sentenced-to-life-in-prison-w-out-hearing-he-s



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"A Child's View from Gaza: Palestinian Children's Art and the Fight Against

Censorship" book

https://www.mecaforpeace.org/civicrm/contribute/transact?reset=1&id=25

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Justice for Albert Woodfox and Herman Wallace: Decades of isolation in Louisiana

state prisons must end

Take Action -- Sign Petition Here:

http://www.amnesty.org/en/appeals-for-action/justice-for-albert-woodfox-and-herm\

an-wallace

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WITNESS GAZA

http://www.witnessgaza.com/

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Write to Bradley

http://bradleymanning.org/donate

View the new 90 second "I am Bradley Manning" video:

I am Bradley Manning

http://www.youtube.com/watch?v=o-P3OXML00s

Courage to Resist

484 Lake Park Ave. #41

Oakland, CA 94610

510-488-3559

couragetoresist.org

"A Fort Leavenworth mailing address has been released for Bradley Manning:

Bradley Manning 89289

830 Sabalu Road

Fort Leavenworth, KS 66027

The receptionist at the military barracks confirmed that if someone sends

Bradley Manning a letter to that address, it will be delivered to him."

http://www.bradleymanning.org/news/update-42811

This is also a Facebook event

http://www.facebook.com/event.php?eid=207100509321891#!/event.php?eid=2071005093\

21891

Courage to Resist needs your support

Please donate today:

https://co.clickandpledge.com/sp/d1/default.aspx?wid=38590

"Soldiers sworn oath is to defend and support the Constitution. Bradley Manning

has been defending and supporting our Constitution." --Dan Ellsberg, Pentagon

Papers whistle-blower

Jeff Paterson

Project Director, Courage to Resist

First US military service member to refuse to fight in Iraq

Please donate today.

https://co.clickandpledge.com/sp/d1/default.aspx?wid=38590

P.S. I'm asking that you consider a contribution of $50 or more, or possibly

becoming a sustainer at $15 a month. Of course, now is also a perfect time to

make a end of year tax-deductible donation. Thanks again for your support!

Please click here to forward this to a friend who might also be interested in

supporting GI resisters.

http://ymlp.com/forward.php?id=lS3tR&e=bonnieweinstein@yahoo.com

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The Battle Is Still On To

FREE MUMIA ABU-JAMAL!

The Labor Action Committee To Free Mumia Abu-Jamal

PO Box 16222 • Oakland CA 94610

www.laboractionmumia.org

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KEVIN COOPER IS INNOCENT! FREE KEVIN COOPER!

Reasonable doubts about executing Kevin Cooper

Chronicle Editorial

Monday, December 13, 2010

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/12/13/EDG81GP0I7.DTL

Death penalty -- Kevin Cooper is Innocent! Help save his life from San Quentin's

death row!

http://www.savekevincooper.org/

http://www.savekevincooper.org/pages/essays_content.html?ID=255

URGENT ACTION APPEAL

- From Amnesty International USA

17 December 2010

Click here to take action online:

http://takeaction.amnestyusa.org/siteapps/advocacy/index.aspx?c=jhKPIXPCIoE&\

b=2590179&template=x.ascx&action=15084

To learn about recent Urgent Action successes and updates, go to

http://www.amnestyusa.org/iar/success

For a print-friendly version of this Urgent Action (PDF):

http://www.amnestyusa.org/actioncenter/actions/uaa25910.pdf

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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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D. VIDEO, FILM, AUDIO. ART, POETRY, ETC.:

[Some of these videos are embeded on the BAUAW website:

http://bauaw.blogspot.com/ or bauaw.org ...bw]

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Checkpoint - Jasiri X 

http://www.youtube.com/watch?v=Dq6Y6LSjulU



Published on Jan 28, 2014
"Checkpoint" is based on the oppression and discrimination Jasiri X witnessed firsthand during his recent trip to Palestine and Israel "Checkpoint" is produced by Agent of Change, and directed by Haute Muslim. Download "Checkpoint" at https://jasirix.bandcamp.com/track/ch....

Follow Jasiri X at https://twitter.com/jasiri_x

LYRICS
Journal of the hard times tales from the dark side
Evidence of the settlements on my hard drive
Man I swear my heart died at the end of that car ride
When I saw that checkpoint welcome to apartheid
Soldiers wear military green at the checkpoint
Automatic guns that's machine at the checkpoint
Tavors not m16s at the checkpoint
Fingers on the trigger you'll get leaned at the checkpoint
Little children grown adults or teens at the checkpoint
All ya papers better be clean at the checkpoint
You gotta but your finger on the screen at the checkpoint
And pray that red light turns green at the check point

If Martin Luther King had a dream of the checkpoint
He wake with loud screams from the scenes at the checkpoint
It's Malcolm X by any means at the check point
Imagine if you daily routine was the checkpoint

Separation walls that's surrounding the checkpoint
On top is barbwire like a crown on the checkpoint
Better have ya permits if your found at the checkpoint
Gunmen on the tower aiming down at the checkpoint
The idea is to keep you in fear of the checkpoint
You enter through the cage in the rear of the checkpoint
It feels like prison on a tier at the check point
I'd rather be anywhere but here at this checkpoint
Nelson Mandela wasn't blind to the check point
He stood for free Palestine not a check point
Support BDS don't give a dime to the checkpoint
This is international crime at the checkpoint
Arabs get treated like dogs at the checkpoint
Cause discrimination is the law at the checkpoint
Criminalized without a cause at the checkpoint
I'm just telling you what I saw at the checkpoint
Soldiers got bad attitudes at the checkpoint
Condescending and real rude at the checkpoint
Don't look em in they eyes when they move at the checkpoint
They might strip a man or woman nude at the checkpoint
Soldiers might blow you out of ya shoes at the checkpoint
Gas you up and then light the fuse at the checkpoint
Everyday you stand to be accused at the checkpoint
Each time your life you could lose at the checkpoint

If Martin Luther King had a dream of the checkpoint
He wake with loud screams from the scenes at the checkpoint
It's Malcolm X by any means at the check point
Imagine if you daily routine was the checkpoint

At the airport in Tel Aviv is a checkpoint
They pulled over our taxi at the checkpoint
Passport visa ID at the checkpoint
Soldiers going all through my things at the checkpoint
Said I was high risk security at the checkpoint
Because of the oppression I see at the checkpoint
Occupation in the 3rd degree at the checkpoint
All a nigga wanna do is leave fuck a checkpoint

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Exceptional art from the streets of Oakland:

Oakland Street Dancing
http://www.youtube.com/watch?v=JQRRnAhmB58

http://www.youtube.com/watch?v=uqH9s5mwTEY

http://www.youtube.com/watch?v=atyTZ8prhCg

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NYC RESTAURANT WORKERS DANCE & SING FOR A WAGE HIKE

http://www.youtube.com/watch?v=L_s8e1R6rG8&feature=player_embedded

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On Gun Control, Martin Luther King, the Deacons of Defense and the history of Black Liberation

http://www.youtube.com/watch?v=qzYKisvBN1o&feature=player_embedded

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Fukushima Never Again

http://www.youtube.com/watch?v=LU-Z4VLDGxU

"Fukushima, Never Again" tells the story of the Fukushima nuclear plant meltdowns in north east Japan in March of 2011 and exposes the cover-up by Tepco and the Japanese government.

This is the first film that interviews the Mothers Of Fukushima, nuclear power experts and trade unionists who are fighting for justice and the protection of the children and the people of Japan and the world. The residents and citizens were forced to buy their own geiger counters and radiation dosimeters in order to test their communities to find out if they were in danger.

The government said contaminated soil in children's school grounds was safe and then

when the people found out it was contaminated and removed the top soil, the government and TEPCO refused to remove it from the school grounds.

It also relays how the nuclear energy program for "peaceful atoms" was brought to Japan under the auspices of the US military occupation and also the criminal cover-up of the safety dangers of the plant by TEPCO and GE management which built the plant in Fukushima. It also interviews Kei Sugaoka, the GE nulcear plant inspector from the bay area who exposed cover-ups in the safety at the Fukushima plant and was retaliated against by GE. This documentary allows the voices of the people and workers to speak out about the reality of the disaster and what this means not only for the people of Japan but the people of the world as the US government and nuclear industry continue to push for more new plants and government subsidies. This film breaks

the information blockade story line of the corporate media in Japan, the US and around the world that Fukushima is over.

Production Of Labor Video Project

P.O. Box 720027

San Francisco, CA 94172

www.laborvideo.org

lvpsf@laborvideo.org

For information on obtaining the video go to:

www.fukushimaneveragain.com

(415)282-1908


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1000 year of war through the world

http://www.youtube.com/watch?v=NiG8neU4_bs&feature=share

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Anatomy of a Massacre - Afganistan

http://www.youtube.com/watch?v=v6BnRc11aug&feature=player_embedded

Afghans accuse multiple soldiers of pre-meditated murder

To see more go to http://www.youtube.com/user/journeymanpictures

Follow us on Facebook (http://goo.gl/YRw42) or Twitter

(http://www.twitter.com/journeymanvod)

The recent massacre of 17 civilians by a rogue US soldier has been shrouded in

mystery. But through unprecedented access to those involved, this report

confronts the accusations that Bales didn't act alone.

"They came into my room and they killed my family". Stories like this are common

amongst the survivors in Aklozai and Najiban. As are the shocking accusations

that Sergeant Bales was not acting alone. Even President Karzai has announced

"one man can not do that". Chief investigator, General Karimi, is suspicious

that despite being fully armed, Bales freely left his base without raising

alarm. "How come he leaves at night and nobody is aware? Every time we have

weapon accountability and personal accountability." These are just a few of the

questions the American army and government are yet to answer. One thing however

is very clear, the massacre has unleashed a wave of grief and outrage which

means relations in Kandahar will be tense for years to come: "If I could lay my

hands on those infidels, I would rip them apart with my bare hands."

A Film By SBS

Distributed By Journeyman Pictures

April 2012

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Photo of George Zimmerman, in 2005 photo, left, and in a more recent photo.

http://www.nytimes.com/interactive/2012/04/02/us/the-events-leading-to-the-sooti\

ng-of-trayvon-martin.html?hp

SPD Security Cams.wmv

http://www.youtube.com/watch?v=9WWDNbQUgm4&feature=player_embedded

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Kids being put on buses and transported from school to "alternate locations" in

Terror Drills

http://www.youtube.com/watch?v=qFia_w8adWQ

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Private prisons,

a recession resistant investment opportunity

http://www.youtube.com/watch?v=DIGLDOxx9Vg

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Attack Dogs used on a High School Walkout in MD, Four Students Charged With

"Thought Crimes"

http://www.youtube.com/watch?v=_wafMaML17w

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Common forms of misconduct by Law Enforcement Officials and Prosecutors

http://www.youtube.com/watch?v=ViSpM4K276w&feature=related

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Organizing and Instigating: OCCUPY - Ronnie Goodman

http://arthazelwood.com/instigator/occupy/occupy-birth-video.html

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Rep News 12: Yes We Kony

http://www.youtube.com/watch?v=68GbzIkYdc8

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The New Black by The Mavrix - Official Music Video

https://www.youtube.com/watch?v=Y4rLfja8488

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Japan One Year Later

http://www.onlineschools.org/japan-one-year-later/

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The CIA's Heart Attack Gun

http://www.brasschecktv.com/videos/assassination-studies/the-cias-heart-attack-g\

un-.html

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The Invisible American Workforce

http://www.democracynow.org/2011/8/5/new_expos_tracks_alec_private_prison

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Labor Beat: NATO vs The 1st Amendment

http://www.youtube.com/watch?v=HbQxnb4so3U

For more detailed information, send us a request at mail@laborbeat.org.


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The Battle of Oakland

by brandon jourdan plus

http://vimeo.com/36256273

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Officers Pulled Off Street After Tape of Beating Surfaces

By ANDY NEWMAN

February 1, 2012, 10:56 am

http://cityroom.blogs.nytimes.com/2012/02/01/officers-pulled-off-street-after-ta\

pe-of-beating-surfaces/?ref=nyregion

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This is excellent! Michelle Alexander pulls no punches!

Michelle Alexander, Author of The New Jim Crow, speaks about the political

strategy

behind the War on Drugs and its connection to the mass incarceration of Black

and Brown people in the United States.

http://www.youtube.com/watch?v=P75cbEdNo2U&feature=player_embedded

If you think Bill Clinton was "the first black President" you need to watch this

video and see how much damage his administration caused for the black community

as a result of his get tough attitude on crime that appealed to white swing

voters.

This speech took place at Abyssinian Baptist Church in Harlem on January 12,

2012.

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FREE BRADLEY MANNING

http://www.bradleymanning.org/news/national-call-in-for-bradley

I received the following reply from the White House November 18, 2011 regarding

the Bradley Manning petition I signed:

"Why We Can't Comment on Bradley Manning

"Thank you for signing the petition 'Free PFC Bradley Manning, the accused

WikiLeaks whistleblower.' We appreciate your participation in the We the People

platform on WhiteHouse.gov.

The We the People Terms of Participation explain that 'the White House may

decline to address certain procurement, law enforcement, adjudicatory, or

similar matters properly within the jurisdiction of federal departments or

agencies, federal courts, or state and local government.' The military justice

system is charged with enforcing the Uniform Code of

Military Justice. Accordingly, the White House declines to comment on the

specific case raised in this petition...

That's funny! I guess Obama didn't get this memo. Here's what Obama said about

Bradley:

BRADLEY MANNING "BROKE THE LAW" SAYS OBAMA!

"He broke the law!" says Obama about Bradley Manning who has yet to even be

charged, let alone, gone to trial and found guilty. How horrendous is it for the

President to declare someone guilty before going to trial or being charged with

a crime! Justice in the U.S.A.!

Obama on FREE BRADLEY MANNING protest... San Francisco, CA. April 21, 2011-

Presidential remarks on interrupt/interaction/performance art happening at

fundraiser. Logan Price queries Barack after org. FRESH JUICE PARTY political

action:

http://www.youtube.com/watch?v=IfmtUpd4id0&feature=youtu.be

Release Bradley Manning

Almost Gone (The Ballad Of Bradley Manning)

Written by Graham Nash and James Raymond (son of David Crosby)

http://www.youtube.com/watch?v=dAYG7yJpBbQ&feature=player_embedded

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Julian Assange: Why the world needs WikiLeaks

http://www.youtube.com/watch?v=bVGqE726OAo&feature=player_embedded

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School police increasingly arresting American students?

http://www.youtube.com/watch?v=Zl-efNBvjUU&feature=player_embedded

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FYI:

Nuclear Detonation Timeline "1945-1998"

The 2053 nuclear tests and explosions that took place between 1945 and 1998 are

plotted visually and audibly on a world map.

http://www.youtube.com/watch?v=I9lquok4Pdk&feature=share&mid=5408

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We Are the 99 Percent

We are the 99 percent. We are getting kicked out of our homes. We are forced to

choose between groceries and rent. We are denied quality medical care. We are

suffering from environmental pollution. We are working long hours for little pay

and no rights, if we're working at all. We are getting nothing while the other 1

percent is getting everything. We are the 99 percent.

Brought to you by the people who occupy wall street. Why will YOU occupy?

OccupyWallSt.org

Occupytogether.org

wearethe99percentuk.tumblr.com

http://wearethe99percent.tumblr.com/

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We Are The People Who Will Save Our Schools

YouTube:

http://www.youtube.com/watch?v=lFAOJsBxAxY

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In honor of the 75th Anniversary of the 44-Day Flint Michigan sit-down strike at

GM that began December 30, 1936:

According to Michael Moore, (Although he has done some good things, this clip

isn't one of them) in this clip from his film, "Capitalism a Love Story," it was

Roosevelt who saved the day!):

"After a bloody battle one evening, the Governor of Michigan, with the support

of the President of the United States, Franklin Roosevelt, sent in the National

Guard. But the guns and the soldiers weren't used on the workers; they were

pointed at the police and the hired goons warning them to leave these workers

alone. For Mr. Roosevelt believed that the men inside had a right to a redress

of their grievances." -Michael Moore's 'Capitalism: A Love Story'

- Flint Sit-Down Strike http://www.youtube.com/watch?v=h8x1_q9wg58

But those cannons were not aimed at the goons and cops! They were aimed straight

at the factory filled with strikers! Watch what REALLY happened and how the

strike was really won!

'With babies & banners' -- 75 years since the 44-day Flint sit-down strike

http://links.org.au/node/2681

--Inspiring

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HALLELUJAH CORPORATIONS (revised edition).mov

http://www.youtube.com/watch?v=ws0WSNRpy3g

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ONE OF THE GREATEST POSTS ON YOUTUBE SO FAR!

http://www.youtube.com/watch?v=M8C-qIgbP9o&feature=share&mid=552

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ILWU Local 10 Longshore Workers Speak-Out At Oakland Port Shutdown

http://www.youtube.com/watch?v=3JUpBpZYwms

Uploaded by laborvideo on Dec 13, 2011

ILWU Local 10 longshore workers speak out during a blockade of the Port of

Oakland called for by Occupy Oakland. Anthony Levieges and Clarence Thomas rank

and file members of the union. The action took place on December 12, 2011 and

the interview took place at Pier 30 on the Oakland docks.

For more information on the ILWU Local 21 Longview EGT struggle go to

http://www.facebook.com/groups/256313837734192/

For further info on the action and the press conferernce go to:

http://www.youtube.com/watch?v=Jz3fE-Vhrw8&feature=youtu.be

Production of Labor Video Project www.laborvideo.org

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UC Davis Police Violence Adds Fuel to Fire

By Scott Galindez, Reader Supported News

19 November 11

http://readersupportednews.org/opinion2/275-42/8485-uc-davis-police-violence-add\

s-fuel-to-fire

UC Davis Protestors Pepper Sprayed

http://www.youtube.com/watch?v=6AdDLhPwpp4&feature=player_embedded

Police PEPPER SPRAY UC Davis STUDENT PROTESTERS!

http://www.youtube.com/watch?v=wuWEx6Cfn-I&feature=player_embedded

Police pepper spraying and arresting students at UC Davis

http://www.youtube.com/watch?v=WmJmmnMkuEM&feature=player_embedded

*---------*

UC Davis Chancellor Katehi walks to her car

http://www.youtube.com/watch?feature=player_embedded&v=CZ0t9ez_EGI#!

Occupy Seattle - 84 Year Old Woman Dorli Rainey Pepper Sprayed

http://www.youtube.com/watch?v=TTIyE_JlJzw&feature=related

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THE BEST VIDEO ON "OCCUPY THE WORLD"

http://www.youtube.com/watch?v=S880UldxB1o

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Shot by police with rubber bullet at Occupy Oakland

http://www.youtube.com/watch?v=I0pX9LeE-g8&feature=player_embedded

*---------*

Copwatch@Occupy Oakland: Beware of Police Infiltrators and Provocateurs

http://www.youtube.com/watch?v=VrvMzqopHH0

*---------*

Occupy Oakland 11-2 Strike: Police Tear Gas, Black Bloc, War in the Streets

http://www.youtube.com/watch?v=0Tu_D8SFYck&feature=player_embedded

*----*

Quebec police admitted that, in 2007, thugs carrying rocks to a peaceful protest

were actually undercover Quebec police officers:

POLICE STATE Criminal Cops EXPOSED As Agent Provocateurs @ SPP Protest

http://www.youtube.com/watch?v=KoiisMMCFT0&feature=player_embedded

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Quebec police admit going undercover at montebello protests

http://www.youtube.com/watch?v=gAfzUOx53Rg&feature=player_embedded

G20: Epic Undercover Police Fail

http://www.youtube.com/watch?v=jrJ7aU-n1L8&feature=player_embedded

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WHAT HAPPENED IN OAKLAND TUESDAY NIGHT, OCTOBER 25:

Occupy Oakland Protest

http://www.youtube.com/watch?v=wlPs-REyl-0&feature=player_embedded

Cops make mass arrests at occupy Oakland

http://www.youtube.com/watch?v=R27kD2_7PwU&feature=player_embedded

Raw Video: Protesters Clash With Oakland Police

http://www.youtube.com/watch?v=CpO-lJr2BQY&feature=player_embedded

Occupy Oakland - Flashbangs USED on protesters OPD LIES

http://www.youtube.com/watch?v=QqNOPZLw03Q&feature=player_embedded

KTVU TV Video of Police violence

http://www.ktvu.com/video/29587714/index.html

Marine Vet wounded, tear gas & flash-bang grenades thrown in downtown

Oakland

http://www.youtube.com/watch?v=cMUgPTCgwcQ&feature=player_embedded

Tear Gas billowing through 14th & Broadway in Downtown Oakland

http://www.youtube.com/watch?v=OU4Y0pwJtWE&feature=player_embedded

Arrests at Occupy Atlanta -- This is what a police state looks like

http://www.youtube.com/watch?v=YStWz6jbeZA&feature=player_embedded

*---------*

Labor Beat: Hey You Billionaire, Pay Your Fair Share

http://www.youtube.com/watch?v=PY8isD33f-I

*---------*

Voices of Occupy Boston 2011 - Kwame Somburu (Paul Boutelle) Part I

http://www.youtube.com/watch?v=DA48gmfGB6U&feature=youtu.be

Voices of Occupy Boston 2011 - Kwame Somburu (Paul Boutelle) Part II

http://www.youtube.com/watch?v=cjKZpOk7TyM&feature=related

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#Occupy Wall Street In Washington Square: Mohammed Ezzeldin, former occupier of

Egypt's Tahrir Square Speaks at Washington Square!

http://www.youtube.com/watch?v=ziodsFWEb5Y&feature=player_embedded

*---------*

#OccupyTheHood, Occupy Wall Street

By adele pham

http://vimeo.com/30146870

*---------*

Live arrest at brooklyn bridge #occupywallstreet by We are Change

http://www.youtube.com/watch?v=yULSI-31Pto&feature=player_embedded

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FREE THE CUBAN FIVE!

http://www.thecuban5.org/wordpress/index.php

http://www.youtube.com/watch?v=JmS4kHC_OlY&feature=player_embedded

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One World One Revolution -- MUST SEE VIDEO -- Powerful and beautiful...bw

http://www.youtube.com/watch?v=aE3R1BQrYCw&feature=player_embedded

"When injustice becomes law, resistance becomes duty." Thomas Jefferson

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Japan: angry Fukushima citizens confront government (video)

Posted by Xeni Jardin on Monday, Jul 25th at 11:36am

http://www.youtube.com/watch?v=rVuGwc9dlhQ&feature=player_embedded


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Labor Beat: Labor Stands with Subpoenaed Activists Against FBI Raids and Grand

Jury Investigation of antiwar and social justice activists.

"If trouble is not at your door. It's on it's way, or it just left."

"Investigate the Billionaires...Full investigation into Wall Street..." Jesse

Sharkey, Vice

President, Chicago Teachers Union

http://www.youtube.com/watch?v=BSNUSIGZCMQ

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Coal Ash: One Valley's Tale

http://www.youtube.com/watch?v=6E7h-DNvwx4&feature=player_embedded

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