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Bay Area United Against War Newsletter
Table of Contents:
A. EVENTS AND ACTIONS
B. VIDEOS
C. SPECIAL APPEALS AND ONGOING CAMPAIGNS
D. ARTICLES IN FULL
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A. EVENTS AND ACTIONS
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There are signs plastered all over the New York City subway system warning that, "Assaulting MTA New York City Transit subway personnel is a felony punishable by up to seven years in prison." What will Johannes Mehserle, an Oakland BART subway cop get for the murder of Oscar Grant? HE COULD EVEN GET PAROLLE! OR AS LITTLE AS FOUR YEARS! WE WANT THE MAXIMUM FOR MEHSERLE!
Longshore workers call for labor/community rally for:
Justice for Oscar Grant! Jail Killer Cops!
The next labor/community organizing meeting will be:
7 PM, Tuesday August 31, 2010
Longshore Hall - Henry Schmidt room
400 North Point St @ Mason
near Fisherman's Wharf in San Francisco
Media/Publicity: Jack Heyman 510-531-4717, jackheyman@comcast.net
You are urged to attend!
A broad group of labor and community organizers met Tuesday, July 27 to help organize a mass demonstration demanding Justice for Oscar Grant! Jail Killer Cops! to take place Saturday, October 23 in Oakland. Committees were set up and organizing has begun involving people from the Bay Area and coordinated nation-wide. Bay Area United Against War Newsletter encourages everyone to become involved in organizing and building this very urgent event. We can't allow the police to have a license to murder the innocent and unarmed with a slap on the wrist. We demand the maximum for Johannes Mehserle!
Oscar Grant was murdered in cold blood!
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SAVE THE DATE: JUSTICE FOR OSCAR GRANT -- October 23, 2010
Media/Publicity: Jack Heyman 510-531-4717, jackheyman@comcast.net
ILWU Local 10 Motion on the Verdict in the Oscar Grant Case
Whereas, Oscar Grant's killer, BART police officer Johannes Mehserle received a verdict of involuntary manslaughter on July 8, 2010; and
Whereas, video tapes show clearly that Oscar Grant was lying face down on the Fruitvale BART platform, waiting to be handcuffed with another cop's boot on his neck posing no threat when he was shot in the back and killed in cold blood by Mehserle; and
Whereas, this is just another example in a racist justice system where police officers go free for killing young black men; and
Whereas, the Contra Costa Times reports that police are holding a rally in Walnut Creek on July 19, 2010 to show support for the killer cop so his sentence will only be a slap on the wrist; and
Whereas; the ILWU has always stood for social justice;
Therefore be it resolved that the labor movement organize a mass protest rally October 23, 2010 with participation from community groups, civil rights organizations, civil liberties organizations and all who stand for social justice demand jail for killer cops.
THAT LOCAL 10 DELEGATES TO THE BAY AREA LABOR COUNCILS ARE DIRECTED TO RAISE THE ABOVE MOTION AT THEIR NEXT MEETING
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Education 4 the People!
October 7 Day of Action in Defense of Public Education - California
http://defendcapubliceducation.wordpress.com/
MORE THAN 100 activists from across California gathered in Los Angeles April 24 to debate next steps for the fight against the devastating cutbacks facing public education.
The main achievements of the conference were to set a date and location for the next statewide mass action-October 7-and for the next anti-cuts conference, which will happen October 16 at San Francisco State University. The other key outcome was the first steps toward the formation of an ad hoc volunteer coordinating committee to plan for the fall conference.
These decisions were a crucial step toward deepening and broadening the movement. For example, the fall conference will be the key venue for uniting activists from all sectors of public education, and especially from those schools and campuses which saw action on March 4, but which have yet to plug into the broader movement.
This will be crucial for extending the scope and increasing the strength of our movement, as well as for helping us strategize and prepare for what is certain to be a tough year ahead. Similarly, the fall mass action will be crucial to re-igniting the movement following the summer months.
http://defendcapubliceducation.wordpress.com/
Organizing for the next Statewide Public Education Mobilization Conference at SFSU on OCT 16th
Posted on May 24, 2010 by ooofireballooo
Organizing for the next Statewide Public Education Mobilization Conference
@ San Francisco State University on October 16th
MORE THAN 100 activists from across California gathered in Los Angeles April 24 to debate next steps for the fight against the devastating cutbacks facing public education.
The main achievements of the conference were to set a date and location for the next statewide mass action-October 7-and for the next anti-cuts conference, which will happen October 16 at San Francisco State University. The other key outcome was the first steps toward the formation of an ad hoc volunteer coordinating committee to plan for the fall conference.
These decisions were a crucial step toward deepening and broadening the movement. For example, the fall conference will be the key venue for uniting activists from all sectors of public education, and especially from those schools and campuses which saw action on March 4, but which have yet to plug into the broader movement.
This will be crucial for extending the scope and increasing the strength of our movement, as well as for helping us strategize and prepare for what is certain to be a tough year ahead. Similarly, the fall mass action will be crucial to re-igniting the movement following the summer months.
Proposal: Form a conference organizing listserve immediately!
Please join the google group today.
* Group home page: http://groups.google.com/group/fallconferencesfsu
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NOVEMBER 2010 - CONVERGE ON FORT BENNING, GEORGIA
November 18-21, 2010: Close the SOA and take a stand for justice in the Americas.
www.soaw.org/take-action/november-vigil
The November Vigil to Close the School of the Americas at the gates of Fort Benning, Georgia will be held from November 18-21, 2010. The annual vigil is always held close to the anniversary of the 1989 murders of Celina Ramos, her mother Elba and six Jesuit priests at a the University of Central America in El Salvador.
ORGANIZE YOUR COMMUNITY FOR THE 2010 VIGIL!
November 2010 will mark the 20th anniversary of the vigil that brings together religious communities, students, teachers, veterans, community organizers, musicians, puppetistas and many others. New layers of activists are joining the movement to close the SOA in large numbers, including numerous youth and students from multinational, working-class communities. The movement is strong thanks to the committed work of thousands of organizers and volunteers around the country. They raise funds, spread the word through posters and flyers, organize buses and other transportation to Georgia, and carry out all the work that is needed to make the November vigil a success. Together, we are strong!
VIGIL AND RALLY AT THE GATES, NONVIOLENT DIRECT ACTION, TEACH-IN, CONCERTS, WORKSHOPS AND A ANTI-MILITARIZATION ORGANIZERS CONFERENCE
There will be exciting additions to this year's vigil program. Besides the rally at the gates of Fort Benning, Georgia with inspiring speakers and amazing musicians from across the Americas, the four day convergence will also include an educational teach-in at the Columbus Convention Center, several evening concerts, workshops and for the first time, the Latin America Solidarity Coalition will stage a one-day Anti-Militarization Organizers Conference on Thursday, November 18, 2010.
SHUT DOWN THE SOA AND RESIST U.S. MILITARIZATION IN THE AMERICAS
Our work has unfortunately not gotten any easier and U.S. militarization in Latin America is accelerating. The SOA graduate led military coup in Honduras, the continuing repression against the Honduran pro-democracy resistance and the expansion of U.S. military bases in Colombia and Panama are grim examples of the ongoing threats of a U.S. foreign policy that is relying on the military to exert control over the people and the resources in the Americas. Join the people who are struggling for justice in Honduras, Colombia and throughout the Americas as we organize to push back.
Spread the word - Tell a friend about the November Vigil:
http://www.SOAW.org/tellafriend
For more information, visit:
www.SOAW.org.
See you at the gates of Fort Benning in November 2010
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B. VIDEOS:
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WikiLeaks' Collateral Murder: U.S. Soldier Ethan McCord's Eyewitness Story
http://www.youtube.com/watch?v=kelmEZe8whI&feature=player_embedded
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On The Move: Mumia Abu-Jamal's Message to the United National Peace Conference
http://www.youtube.com/watch?v=T9QAgr1wNZA&feature=player_embedded
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Videos: Hideous Conditions at Long Beach Harbor, MS
By Denise Rednour
August 7, 2010
http://deniselngbch.blogspot.com/2010/08/hideous-conditions-at-long-beach-harbor.html
August 7th, 2010 -- LONG BEACH MS - Very thick oil in and around the harbor at Long Beach, MS today. It's a very sad day indeed. The stench of dispersants and dead fish is in the air as well.
PLEASE, don't be fooled by mainstream media and politicians who are telling people it's over, it's safe to swim, and the seafood is harmless. All beaches in Mississippi remain open without cautions even. All waters are open to commercial and sport fishing of fin fish and shrimp. The only activity banned at the present is crab and oyster fishing.
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Video: George Carlin: "The American Dream"/"Workers Nightmare"
Because the Owners of This Country Own Everything - They Own You - They Don't Want Critical Thinking - They Want Obedient Workers
http://www.youtube.com/watch?v=acLW1vFO-2Q
http://www.facebook.com/video/video.php?v=159216125164&ref=mf
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Citizens of New Orleans Respond to the BP Oil Spill
http://www.youtube.com/watch?v=dCCX8kLm3Sc
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Economic Hitmen: John Perkins on Economic Imperialism
[He's wrong, though, about there being a benign form of capitalism. There's only one kind of capitalism -- this kind of capitalism -- and it's all bad...bw]
http://vodpod.com/watch/3772159-economic-hitmen-john-perkins-on-economic-imperialism
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Narrated - Oil Leaking From BP Gulf Oil Spill Sea Floor Strata
[After the cement fill...bw]
http://www.youtube.com/watch?v=s-VuOTmTbXQ&feature=player_embedded
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Lady Gaga Rallies Fans in Arizona: "If it wasn't for all you immigrants, this country wouldn't have s--t."
By Tanner Stransky
http://music-mix.ew.com/2010/08/02/lady-gaga-arizona-immigration-protest/
Lady Gaga is well known for stirring the pot while advocating for buzzy causes like gay rights, and now she's using her sizable cultural influence to stand up against SB 1070, the controversial Arizona immigration law. At her Monster Ball show in Phoenix on Saturday evening, the pop star encouraged her "little monsters" to not sit idle in regards to the law: "We have to be active. We have to actively protest," she told her audience. Since the news of SB 1070 came down, several heavyweights in the music biz have boycotted the state, but Gaga said she won't do the same.
"I will not cancel my show. I will hold you, and we will hold each other, and we will protest this state," Gaga told her audience. "I got a phone call from a couple really big rock-n-rollers, big pop stars, big rappers, and they said: 'We'd like you to boycott Arizona. We'd like you to boycott playing Arizona because of SB 1070.' And I said: 'You really think that us dumb f-ing pop stars are going to collapse the economy of Arizona?'" And that's when she urged fans to protest. "The nature of the Monster Ball is to actively protest prejudice and injustice and that bullshit that is put on our society!" See her whole impassioned speech here:
http://music-mix.ew.com/2010/08/02/lady-gaga-arizona-immigration-protest/
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Missing Gulf Coast Oil Appears To Be Welling Up Under Barrier Island Beaches (VIDEO)
http://www.huffingtonpost.com/2010/08/03/missing-gulf-coast-oil-ap_n_669243.html
Last week, BP managed to finally cap the Deepwater Horizon oil volcano and the media suddenly found itself in the grips of a baffling problem with object permanence. Where did all the oil go, they wondered. Had it disappeared? Was it eaten by microbes? Did it get Raptured up to Oil Heaven? It was a mystery, wrapped in a miracle! At least it was until Mother Jones reporter Mac McClelland took about a minute to send some text messages to colleagues in the field, inquiring after the oil's whereabouts. They answered back: Where is the oil? How does all over the place grab you?
Over at The Upshot, Brett Michael Dykes highlights this report from WVUE in New Orleans, which confirms that the oil did not, in fact, fortuitously disappear into thin air:
According to WVUE correspondent John Snell, local officials dispatched a dive team to a barrier island off of southeastern Louisiana's Plaquemines parish to scan the sea floor for oil. The team, however, could barely see the sea floor, due to the current murky state of the area waters. But when the divers returned to shore, they made a rather remarkable discovery: tiny holes that burrowing Hermit crabs had dug into the ground effectively became oil-drilling holes. When the divers placed pressure on the ground near the holes, oil came oozing up.
So, basically, questioning where the oil has gone is the exact same thing as looking at the shoes attached to the ends of your legs and wondering if your feet have disappeared.
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Video Shows Michigan Oil Spill
By ROBERT MACKEY
July 29, 2010, 1:57 pm
http://thelede.blogs.nytimes.com/2010/07/29/youtube-video-of-michigan-oil-spill/?ref=us
As my colleague Emma Graves Fitzsimmons reports from Michigan, the Environmental Protection Agency now estimates that more than one million gallons of oil may have spilled from a pipeline into the Kalamazoo River this week, which is far more than the pipeline's owner, Enbridge Energy Partners, initially estimated.
In a statement posted online, the E.P.A. explained that the government has taken charge of the clean-up effort and is working to keep the oil from reaching Lake Michigan.
On Monday, when a 30-inch pipeline burst in Marshall, Mich., releasing hundreds of thousands of gallons of crude oil into Talmadge Creek, a waterway that feeds the Kalamazoo River, local residents started posting video of the damage on YouTube. As the site's own CitizenTube blog noted, a user calling herself Picture Takin Diva posted these aerial images of the creek, with the comment, "It's not the Gulf, but it's pretty bad!"
Another user, Corrive 9, who uploaded the video at the top of this post on Tuesday, also conducted some interviews with people who live near the river. Looking at the oily water, this man said, "It smells like a mechanic's shop, for one thing, but it's just a shame because this river was just becoming cleaner and now this. We fish this, catch a lot of small-mouth bass out here, great big ones."
A third YouTube user, who goes by 420 Stardust Glitter, uploaded these silent images of the oil water with a note saying, "The oil is so thick it's starting to look gummy and the smell of the toxins are unbearable."
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BP Oil Spill Grand Isle Town Hall Meeting Part 3
http://videos.wittysparks.com/id/699180664
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Sometimes there are things so beautiful it takes your breath away and confirms the best and most basic good in the nature of humanity...bw
Stand By Me | Playing For Change | Song Around the World
http://www.youtube.com/watch?v=Us-TVg40ExM&feature=player_embedded
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Pete Seeger Live - New Protest Song About BP Oil Spill in Gulf Coast on Banjo w James Maddock Guitar
Published on Friday, July 30, 2010 by YouTube
http://www.commondreams.org/video/2010/07/30-2
On July 23th 2010 Pete Seeger performed live at a Gulf Coast Oil Spill fundraiser at The City Winery in New York City. There, he unveiled to the public his new protest song about the BP oil spill entitled "God's Counting on Me, God's Counting on You." Backing up Pete's singing and banjo picking is the singer/songwriter James Maddock on acoustic guitar. All proceeds of this concert went to the Gulf Restoration Project. The show was produced and hosted by Richard Barone. The video was edited and mixed by Matthew Billy.
Lyrics:
When we look and we can see things are not what they should be
God's counting on me, God's counting on you
When we look and see things that should not be
God's counting on me, God's counting on you
Hopin' we'll all pull through, Hoping we'll all pull through,
Hopin' we'll all pull through
Me and you.
It's time to turn things around, trickle up not trickle down
God's counting on me, God's counting on you
It's time to turn things around, trickle up not trickle down
God's counting on me, God's counting on you
Hopin' we'll all pull through, Hoping we'll all pull through,
Hopin' we'll all pull through
Me and you.
And when drill, baby, drill turns to spill, baby, spill
God's counting on me, God's counting on you
Yes when drill, baby, drill turns to spill, baby, spill
God's counting on me, God's counting on you
Hopin' we'll all pull through, Hoping we'll all pull through,
Hopin' we'll all pull through
Me and you.
Don't give up don't give in, workin' together we all can win
God's counting on me, God's counting on you
Don't give up don't give in, workin' together we all can win
God's counting on me, God's counting on you
Hopin' we'll all pull through, Hoping we'll all pull through,
Hopin' we'll all pull through
Me and you.
There's big problems to be solved, let's get everyone involved
God's counting on me, God's counting on you
There's big problems to be solved, let's get everyone involved
God's counting on me, God's counting on you
Hopin' we'll all pull through, Hoping we'll all pull through,
Hopin' we'll all pull through
Me and you.
When we sing with younger folks, we can never give up hope
God's counting on me, God's counting on you
When we sing with younger folks, we can never give up hope
God's counting on me, God's counting on you
Hopin' we'll all pull through, Hoping we'll all pull through,
Hopin' we'll all pull through
Me and you.
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Underwater Lakes Of Oil From BP Spill Will Continue To Cover Gulf Beaches With Toxic Layer Of Invisible Oil For Months
Posted by Alexander Higgins - July 28, 2010 at 10:59 pm - Permalink
http://blog.alexanderhiggins.com/2010/07/28/underwater-lakes-of-oil-from-bp-spill-will-continue-to-cover-gulf-beaches-with-toxic-layer-of-invisible-oil-for-months/
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Feds think public can't HANDLE THE TRUTH about toxic dispersants says EPA Sr. Analyst
July 28, 2010
http://www.youtube.com/watch?v=eN4MJFeEYuE&feature=player_embedded
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Breathing Toxic Oil Vapors??? video
http://www.rumormillnews.com/cgi-bin/forum.cgi?read=179134
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C. SPECIAL APPEALS AND ONGOING CAMPAIGNS
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Ohio may execute an innocent man unless you take action.
http://www.thepetitionsite.com/1/save-kevin-keith
Kevin Keith is scheduled to be executed on September 15th, despite a wide range of new evidence that suggests he is innocent. Kevin, who has been on Ohio's death row for 16 years, was convicted on the basis of faulty eyewitness identification.
Thirteen years after he was convicted, Kevin discovered that one of the State's supposed "witnesses" -- a hospital nurse who was critical to corroborating the legitimacy of the surviving victim's eyewitness identification -- does not actually exist. He has an alibi affirmed by four people and new evidence has emerged implicating another suspect.
No court has heard the full array of new evidence pointing to Kevin's innocence. Take action today to stop Ohio from executing a man who very well may be innocent.
Sincerely,
Stefanie Faucher
Associate Director
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Please sign the petition to release Bradley Manning
http://www.petitiononline.com/manning1/petition.html (Click to sign here)
To: US Department of Defense; US Department of Justice
We, the Undersigned, call for justice for US Army PFC Bradley Manning, incarcerated without charge (as of 18 June 2010) at Camp Arifjan, Kuwait.
Media accounts state that Mr. Manning was arrested in late May for leaking the video of US Apache helicopter pilots killing innocent people and seriously wounding two children in Baghdad, including those who arrived to help the wounded, as well as potentially other material. The video was released by WikiLeaks under the name "Collateral Murder".
If these allegations are untrue, we call upon the US Department of Defense to release Mr. Manning immediately.
If these allegations ARE true, we ALSO call upon the US Department of Defense to release Mr. Manning immediately.
Simultaneously, we express our support for Mr. Manning in any case, and our admiration for his courage if he is, in fact, the person who disclosed the video. Like in the cases of Daniel Ellsberg, W. Mark Felt, Frank Serpico and countless other whistleblowers before, government demands for secrecy must yield to public knowledge and justice when government crime and corruption are being kept hidden.
Justice for Bradley Manning!
Sincerely,
The Undersigned:
http://www.petitiononline.com/mod_perl/signed.cgi?manning1
--
Zaineb Alani
http://www.thewordsthatcomeout.blogspot.com
http://www.tigresssmiles.blogspot.com
"Yesterday I lost a country. / I was in a hurry, / and didn't notice when it fell from me / like a broken branch from a forgetful tree. / Please, if anyone passes by / and stumbles across it, / perhaps in a suitcase / open to the sky, / or engraved on a rock / like a gaping wound, / ... / If anyone stumbles across it, / return it to me please. / Please return it, sir. / Please return it, madam. / It is my country . . . / I was in a hurry / when I lost it yesterday." -Dunya Mikhail, Iraqi poet
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http://couragetoresist.org/donate
Dear Gio,
Thanks again for supporting military war resisters. We do this work because it is a tangible contribution to a future without empire and war. With your help, we've won a number of victories recently--you might have read about "Hip Hop" stop-loss soldier Marc Hall, or single mom, and Afghanistan deployment resister, Alexis Hutchinson in the news.
Now, intel analyst Bradley Manning is in the headlines and facing decades in prison for leaking a video of a massacre in Baghdad. If Pfc. Manning is the source of the video, then he did what he had to do to expose a war crime. Regardless, he's wrongly imprisoned and we are doing everything we can to support him. Keep an eye out for action alerts in the coming days on how to support Bradley!
If you have not yet had a chance to make a donation recently, I'm asking that you please consider doing so now so that together we can step up to support Bradley Manning and all GI war objectors!
http://couragetoresist.org/donate
Jeff Paterson,
Project Director, Courage to Resist
p.s. Our new August print newsletter is now available:
http://www.couragetoresist.org/aug10-newsltr.pdf
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Please forward widely...
Lynne Stewart Sentenced to Ten Years in Prison
By Jeff Mackler
(Jeff Mackler is the West Coast Director of the Lynne Stewart Defense Committee.)
The full force of the U.S. criminal "justice" system came down on innocent political prisoner, 30-year veteran human rights attorney and radical political activist Lynne Stewart today, July 15, 2010.
In an obviously pre-prepared one hour and twenty minute technical tour de force designed to give legitimacy to a reactionary ruling Federal District Court John Koeltl, who in 2005 sentenced Stewart to 28 months in prison following her frame-up trial and jury conviction on four counts of "conspiracy to aid and abet terrorism," re-sentenced Stewart to 120 months or ten years. Koeltl recommended that Stewart serve her sentence in Danbury, Connecticut's minimum security prison. A final decision will be made by the Bureau of Prisons.
Stewart will remain in Manhattan's Metropolitan Correctional Center for 60 days to prepare an appeal.
The jam-packed New York Federal District Court chamber observers where Koeltl held forth let our a gasp of pain and anguish as Lynne's family and friends were stunned - tears flowing down the stricken and somber faces of many. A magnificent Stewart, ever the political fighter and organizer was able to say to her supporters that she felt badly because she had "let them down," a reference to the massive outpouring of solidarity and defiance that was the prime characteristic of Lynne's long fight for freedom.
Judge Koeltl was ordered to revisit his relatively short sentence when it was overturned by a two-judge majority of the U.S. Court of Appeals for the Second Circuit. Judges Robert D. Sack and Guido Calabresi ruled that Koeltl's sentence was flawed because he had declined to determine whether Stewart committed perjury when she testified at her trial that she believed that she was effectively operating under a "bubble" protecting her from prosecution when she issued a press release on behalf of her also framed-up client, the blind Sheik Omar Abdel Rachman. Rachman was falsely charged with conspiracy to damage New York state buildings.
Dissenting Judge John M. Walker, who called Stewart's sentence, "breathtakingly low" in view of Stewart's "extraordinarily severe criminal conduct" deemed the Second Circuit's majority opinion "substantively unreasonable." Walker essentially sought to impose or demand a 30-year sentence.
The three-judge panel on Dec. 20, 2009 followed its initial ruling with even tougher language demanding that Koeltl revisit his treatment of the "terrorism enhancement" aspects of the law. A cowardly Koeltl, who didn't need this argument to dramatically increase Stewart's sentence, asserted that he had already taken it under consideration in his original deliberations.
Government prosecutors, who in 2005 sought a 30-year sentence, had submitted a 155-page memorandum arguing in support of a 15-30 year sentence. Their arguments demonstrated how twisted logic coupled with vindictive and lying government officials routinely turn the victim into the criminal.
Stewart's attorneys countered with a detailed brief recounting the facts of the case and demonstrating that Stewart's actions in defense of her client were well within the realm of past practice and accepted procedures. They argued that Koeltl properly exercised his discretion in determining that, while the terrorism enhancement provisions of the "law" had to be taken into consideration, the 30-year-prison term associated with it was "dramatically unreasonable," "overstated the seriousness" of Stewart's conduct" and had already been factored into Koeltl's decision.
Stewart's attorneys also argued convincingly in their brief that the Special Administrative Measure (SAM) that Stewart was convicted of violating by releasing a statement from her client to the media was well within the established practice of Stewart's experienced and mentoring co-counsels- former U.S. Attorney General Ramsey Clark and past American Arab Anti-Discrimination Committee president Abdeen Jabarra. Both had issued similar statements to the media with no government reprisal. Clark was an observer in Koeltl's courtroom. When he testified in support of Lynne during her trial one overzealous prosecutor suggested that he too be subject to the conspiracy charges. The more discreet team of government lawyers quietly dropped the matter.
At worst, in such matters, government officials refuse defense attorneys client visiting rights until an agreement on a contested interpretation of a SAM is reached. This was the case with Stewart and her visiting rights were eventually restored with no punishment or further action. Indeed, when the matter was brought to then Attorney General Janet Reno, the government declined to prosecute or otherwise take any action against Stewart.
But Koeltl, who had essentially accepted this view in his original sentence, reversed himself entirely and proceeded in his erudite-sounding new rendition of the law to repeatedly charge Stewart with multiple acts of perjury regarding her statements on the SAM during her trial.
Koeltl took the occasion to lecture Stewart regarding the first words she uttered in front of a bevy of media outlets when she joyfully alighted from the courthouse following the judge's original 28-month sentence. Said Stewart at that time, "I can do 28 months standing on my head." A few moments earlier Stewart, with nothing but a plastic bag containing a toothbrush, toothpaste and her various medications, had stood before Koeltl, who had been asked by the government to sentence her to a 30-year term, effectively a death sentence for Lynne, aged 70, a diabetic and recovering breast cancer victim in less than excellent health.
Koeltl dutifully followed the lead of the Second Circuit judges, who feigned outrage that Stewart could possibly appear joyful that her life was spared despite 28 months in prison. Koeltl insisted that Stewart's remark was essentially contemptuous of his sentence and insufficient to convince Stewart of the seriousness of her "crime." Lynne's defense was that while she fully understood that 28 months behind bars, separating from her "family, friends and comrades," as she proudly stated, was a harsh penalty, she was nevertheless "relieved" that she would not die in prison. Koeltl needed a legal brick to throw at Lynne's head and ignored her humanity, honesty and deep feeling of relief when she expressed it to a crowd of two thousand friends, supporters and a good portion of the nation's media.
The same Judge Koeltl who stated in 2005, when he rendered the 28-month jail term, that Lynne was "a credit to her profession and to the nation," clearly heard the voice of institutionalized hate and cruelty and responded in according with its unstated code. "Show no mercy! Thou shall not dissent without grave punishment" in capitalist America.
Lynne was convicted in the post-911 generated climate of political hysteria. Bush appointee, Attorney General John Ashcroft, decided to make an example of her aimed at warning future attorneys that the mere act of defending anyone whom the government charged with "conspiracy to aid and abet terrorism," could trigger terrible consequences.
On July 15 Judge Koeltl made the decision of his career. Known for his meticulous preparation in such matters, and already having enraged the powers that be with his "light" sentence of Stewart, he bent full tilt to the reactionary political pressures exerted on him by the court hierarchy. He had the option to stand tall and reaffirm his original decision. The "law" allowed him to do so. He could have permitted Lynne to leave prison in less than two years, recover her health, and lead a productive life. His massively extended sentence, unless overturned, will likely lead to Lynne's demise behind bars - a brilliant and dedicated fighter sacrificed on the alter of an intolerant class-biased system of repression and war.
Courage is a rare quality in the capitalist judiciary. For every defiant decision made, usually driven by a change in the political climate and pressed forward by the rise of mass social protest movements, there are thousands and more of political appointees that affirm the status quo, including its punishment of all who struggle to challenge capitalist prerogatives and power.
Lynne Stewart stands tall among the latter. We can only hope that the winds of change that are stirring the consciousness of millions today in the context of an American capitalism in economic and moral crisis keeps the movement for her freedom alive and well. The fight is not over! What we do now remains critical. Lynne's expected appeal to the U.S. Supreme Court cannot be written off as absurd and hopeless. What we do collectively to free her and all political prisoners and to fight for freedom and justice on every front counts for everything!
Write to Lynne at:
Lynne Stewart 53504-054
MCC-NY 2-S
150 Park Row
New York, NY 10007
For further information call Lynne's husband, Ralph Poynter, leader of the Lynne Stewart Defense Committee
718-789-0558 or 917-853-9759
Send contributions payable to:
Lynne Stewart Organization
1070 Dean Street
Brooklyn, New York, 11216
---
Listen to Lynne Stewart event, that took place July 8, 2010 at Judson Memorial Church
Excerpts include: Mumia Abu Jamal, Ralph Poynter, Ramsey Clark, Juanita
Young, Fred Hampton Jr., Raging Grannies, Ralph Schoenman
http://www.takingaimradio.com/shows/audio.html
And check out this article (link) too!
http://www.baltimorechronicle.com/2010/062210Lendman.shtml
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Requesting Your Support
By Dahr Jamail
July 12th, 2010
Dear Readers:
This morning we hired a flight out to the well site where the Deepwater Horizon sank. This environmental crime scene is now littered with boats and relief wells flailing to stop the flow of oil that has been gushing into the Gulf of Mexico for almost 3 months. Tomorrow, we are hiring a boat to take us to some of the most devastated coastline, which is still smeared in oil, causing harm to uncountable ecosystems and wildlife.
I have been on the Gulf Coast of Louisiana for two weeks now, and together with my partner, Erika Blumenfeld, we have brought you stories and photographs that document and archive the human and environmental impact of the historic and horrific disaster that is the BP oil catastrophe.
In our story, Fending For Themselves, we wrote about the growing crisis of the Pointe-au-Chien Indian Tribe being displaced by the encroaching oil, and showed you images of their dying marshlands.
We produced an original photo essay for Truthout, Mitigating Annihilation, which clearly depicts the futility of the booming efforts, and the resulting destruction of the local and migratory bird rookeries, along with South Louisiana's fragile and endangered coastline.
Our most recent post, Hell Has Come To South Louisiana, articulates the desperate situation of the shrimpers and fisher-folk whose livelihood that spans generations is threatened by extinction.
The complexity and breadth of this continued crisis is beyond what we could have imagined, and our questions have led us to dynamic and impassioned interviews with environmental philosophers, activists, scientists, sociologists, riverkeepers, bayoukeepers, indigenous tribes, and fisher people.
As a freelance team, we could not have produced this important work without your generous support. We are deeply grateful to those who were able to contribute to our efforts thus far.
Our work here is just beginning, and with so much of our investigation requiring that we be out in the field, I am humbly appealing for your continued support to help us extend our reporting, so that we may continue to bring you the unfolding events of this devastating issue that clearly effects us all.
Please support our work in the Gulf Coast by making a donation. There are several ways you can donate:
If you would like to make a tax-deductible donation, International Media Project (IMP) is providing fiscal sponsorship to Dahr Jamail.
Checks for tax-deductible donations should be made out to "International Media Project." please write"Dahr Jamail" in the memo line and mail to:
International Media Project/Dahr Jamail
1714 Franklin St.
#100-251
Oakland, CA 94612
Online, you can use Paypal to donate HERE.
Donations can also be mailed to:
Dahr Jamail
P.O. Box 970
Marfa, TX 79843
Direct links to our pieces produced thus far:
Living on a dying delta
http://dahrjamailiraq.com/living-on-a-dying-delta
Fending For Themselves
http://dahrjamailiraq.com/fending-for-themselves
No Free Press for BP Oil Disaster
http://ipsnews.net/news.asp?idnews=52082
Mitigating Annihilation
http://www.truth-out.org/mitigating-annihilation61145
Hell Has Come to South Louisiana
http://dahrjamailiraq.com/hell-has-come-to-south-louisiana
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HE WAS MURDERED!
HE WAS MURDERED!
HE WAS MURDERED!
HE WAS MURDERED!
RIP Oscar!
DEMAND JUSTICE FOR OSCAR GRANT
Victory for movement, but justice still needs to be won
Calling on all supporters of justice for Oscar Grant and opponents of racist police brutality:
The jury verdict is not justice for Oscar Grant - it is up to the new movement to use its power to win real justice. THIS IS THE TIME TO ACT.
DEMAND:
The maximum sentence for killer cop Johannes Mehserle.
Jail Officers Pirone and Domenici, the two police who were accomplices to murder.
Disarm and disband the BART Police.
Provide massive funding to Oakland for education and jobs for Oakland's black, Latina/o, Asian, and poor and working-class white youth.
Stop police/ICE racial profiling of Latina/o, black, Asian, and other minority youth with and without papers.
Furthermore, we call on Oakland Mayor Dellums and other governmental authorities in Oakland to declare that this verdict does not render justice to Oscar Grant and to act on the demands of the movement.
If you haven't already done so yet, join the JUSTICE FOR OSCAR GRANT ACTION PAGE on Facebook at: http://www.causes.com/causes/188135
BAMN STATEMENT:
Oscar Grant Verdict Is Victory for the Movement,
But Justice for Oscar Grant Still Needs to Be Won
Today's [THURSDAY, JULY 8, 2010] conviction of Johannes Mehserle is a victory for the movement. Despite all the foot-dragging and machinations of the police, the justice system, the government, and the politicians, the movement secured the first conviction of a California police officer for the killing of a black man. This victory is important and provides some greater protection for black and Latina/o youth. However, this verdict does NOT constitute justice for Oscar Grant.
Tens of millions of people around the world saw the videotape and know that Oscar Grant was murdered in cold blood by Johannes Mehserle. And yet, because of the failure of the prosecutor's office to fight the change in venue, and because of the pro-police bias of the judge, the jury was deprived of even being able to consider convicting Mehserle of first-degree murder. The Los Angeles county jury which heard that case did not include a single black juror.
BAMN salutes the new civil rights movement for this victory. However, achieving justice for Oscar Grant requires that the movement continue to build and grow in determination, drawing in millions more black, Latina/o and other youth.
BAMN also salutes Wanda Johnson, Oscar Grant's mother, for refusing to accept a civil settlement and for fighting to achieve justice for her son. We pledge to Wanda Johnson, Oscar's daughter Tatiana, her mother, and all family and friends that we will not rest until we achieve justice for Oscar.
We call on the movement to maintain the fight for justice for Oscar Grant by raising and fighting to win the following demands:
The maximum sentence for killer cop Johannes Mehserle.
Jail Officers Pirone and Domenici, the two police who were accomplices to murder.
Disarm and disband the BART Police.
Provide massive funding to Oakland for education and jobs for Oakland's black, Latina/o, Asian, and poor and working-class white youth.
Stop police/ICE racial profiling of Latina/o, black, Asian, and other minority youth with and without papers.
Furthermore, we call on Oakland Mayor Dellums and other governmental authorities in Oakland to declare that this verdict does not render justice to Oscar Grant and to act on the demands of the movement.
Coalition to Defend Affirmative Action, Integration, and Immigrant Rights and Fight for Equality By Any Means Necessary (BAMN)
(510) 502-9072 begin_of_the_skype_highlighting (510) 502-9072 end_of_the_skype_highlighting letters@bamn.com BAMN.com
--
Ronald Cruz
BAMN Organizer, www.BAMN.com
& Civil Rights Attorney
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SOME GOOD NEWS FOR TROY ANTHONY DAVIS - INNOCENT MAN ON DEATH ROW:
http://www.troyanthonydavis.org/call-to-action.html
Georgia: Witnesses in Murder Case Recant
By SHAILA DEWAN
June 23, 2010
http://www.nytimes.com/2010/06/24/us/24brfs-WITNESSESINM_BRF.html?ref=us
In an unusual hearing ordered by the Supreme Court that began in Savannah on Wednesday, several witnesses said they had concocted testimony that Troy Anthony Davis killed a police officer, Mark MacPhail, in 1989. Last August, the Supreme Court ordered a federal district court to determine if new evidence "clearly establishes" Mr. Davis's innocence, its first order in an "actual innocence" petition from a state prisoner in nearly 50 years, according to Justice Antonin Scalia, who dissented. Seven of the witnesses who testified against Mr. Davis at his trial have recanted, and some have implicated the chief informer in the case. Mr. Davis's execution has been stayed three times.
For more info: www.iamtroy.com | www.justicefortroy.org | troy@aiusa.org Savannah Branch NAACP: 912-233-4161
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Mumia Abu-Jamal - Legal Update
June 9, 2010
Robert R. Bryan, Lead counsel for Mumia Abu-Jamal
Law Offices of Robert R. Bryan
2088 Union Street, Suite 4
San Francisco, California 94123-4117
www.MumiaLegalDefense.org
Dear All:
There are significant developments on various fronts in the coordinated legal campaign to save & free Mumia Abu-Jamal. The complex court proceedings are moving forward at a fast pace. Mumia's life is on the line.
Court Developments: We are engaged in pivotal litigation in the U.S. Court of Appeals for the Third Circuit, Philadelphia. At stake is whether Mumia will be executed or granted a new jury trial on the question of the death penalty. Two years ago we won on that issue, with the federal court finding that the trial judge misled the jury thereby rendering the proceedings constitutionally unfair. Then in January 2010 the U.S. Supreme Court vacated that ruling based upon its decision in another case, & ordered that the case be again reviewed by the Court of Appeals.
The prosecution continues its obsession to kill my client, regardless of the truth as to what happened at the time of the 1981 police shooting. Its opening brief was filed April 26. Our initial brief will be submitted on July 28. At issue is the death penalty.
In separate litigation, we are awaiting a decision in the Pennsylvania Supreme Court on prosecutorial abuses, having completed all briefing in April. The focus is on ballistics.
Petition for President Barack Obama: It is crucial for people to sign the petition for President Barack Obama, Mumia Abu-Jamal & the Global Abolition of the Death Penalty, which was initially in 10 languages (Swahili & Turkish have since been added). This is the only petition approved by Mumia & me, & is a vital part of the legal effort to save his life. Please sign the petition & circulate its link:
www.MumiaLegalDefense.org
Nearly 22,000 people from around the globe have signed. These include: Bishop Desmond Tutu, South Africa (Nobel Peace Prize); Günter Grass, Germany (Nobel Prize in Literature); Danielle Mitterrand, Paris (former First Lady of France); Fatima Bhutto, Pakistan (writer); Colin Firth (Academy Award Best-Actor nominee), Noam Chomsky, MIT (philosopher & author); Ed Asner (actor); Mike Farrell (actor); & Michael Radford (director of the Oscar winning film Il Postino); Robert Meeropol (son of Julius & Ethel Rosenberg, executed in 1953); Fatima Bhutto, Pakistan (writer); Noam Chomsky, MIT (philosopher & author); Ed Asner (actor); Mike Farrell (actor); Michael Radford (director of the Oscar winning film Il Postino); members of the European Parliament; members of the German Bundestag; European Association of Lawyers for Democracy & World Human Rights; Reporters Without Borders, Paris.
European Parliament; Rosa Luxemburg Conference; World Congress Against the Death Penalty; Geneva Human Rights Film Festival: We began the year with a major address to the annual Rosa Luxemburg Conference in Berlin, Germany, sponsored by the newspaper junge Welt. The large auditorium was filled with a standing-room audience. Mumia joined me by telephone. We announced the launching of the online petition, Mumia Abu-Jamal & the Global Abolition of the Death Penalty.
A large audience on the concluding night of the World Congress Against the Death Penalty in Geneva, Switzerland, February 25, heard Mumia by telephone. He spoke as a symbolic representative of the over 20,000 men, women & children on death rows around the world. The call came as a surprise, since we thought it had been canceled. Mumia's comments from inside his death-row cell brought to reality the horror of daily life in which death is a common denominator. During an earlier panel discussion I spoke of racism in capital cases around the globe with the case of Mumia as a prime example. A day before the Congress on February 23, I talked at the Geneva Human Rights Film Festival on the power of films in fighting the death penalty & saving Mumia.
On March 2 in the European Parliament, Brussels, Belgium, members Søren Søndergaard (Denmark) & Sabine Lösing (Germany) announced the beginning of a campaign to save Mumia & end executions. They were joined by Sabine Kebir, the noted German author & PEN member, Nicole Bryan, & me. We discussed the online petition which helps not only Mumia, but all the condemned around the globe.
Donations for Mumia's Legal Defense & Online Petition: The complex litigation & investigation that is being pursued on behalf of Mumia is enormously expensive. We are in both the federal & state courts on the issue of the death penalty, prosecutorial wrongdoing, etc. Mumia's life is on the line.
How to Help: For information on how to help, both through donations & signing the Obama petition, please go to Mumia's legal defense website: www.MumiaLegalDefense.org .
Conclusion: Mumia remains on death row under a death judgment. He is in greater danger than at any time since his arrest 28 years ago. The prosecution is pursuing his execution. I win cases, & will not let them kill my client. He must be free.
Yours very truly,
Robert
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Robert R. Bryan
Law Offices of Robert R. Bryan
2088 Union Street, Suite 4
San Francisco, California 94123-4117
Lead counsel for Mumia Abu-Jamal
www.MumiaLegalDefense.org
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Lynne Stewart and the Guantanamo Lawyers: Same Fact Patterns, Same Opponent, Different Endings?
Lynne Stewart will be re-sentenced sometime in July, in NYC.
By Ralph Poynter
(Ralph Poynter is the Life partner of Lynne Stewart. He is presently dedicated 24/7 to her defense, as well as other causes.)
Ralph.Poynter@yahoo.com
In the Spring of 2002, Lynne Stewart was arrested by the FBI, at her home in Brooklyn, for materially aiding terrorism by virtue of making a public press release to Reuters on behalf of her client, Sheik Abdel Omar Rahman of Egypt. This was done after she had signed a Special Administrative Measure issued by the Bureau of Prisons not permitting her to communicate with the media, on his behalf.
In 2006, a number of attorneys appointed and working pro bono for detainees at Guantanamo were discovered to be acting in a manner that disobeyed a Federal Judge's protective court order. The adversary in both cases was the United States Department of Justice. The results in each case were very different.
In March of 2010, a right wing group "Keep America Safe" led by Lynne Cheney, hoping to dilute Guantanamo representation and impugn the reputations and careers of the volunteer lawyers, launched a campaign. Initially they attacked the right of the detainees to be represented at all. This was met with a massive denouncement by Press, other media, Civil rights organizations ,and rightly so, as being a threat to the Constitution and particularly the Sixth Amendment right to counsel.
A second attack on the Gitmo lawyers was made in the Wall Street Journal of March 16. This has been totally ignored in the media and by civil and human rights groups. This latter revelation about the violations, by these lawyers, of the Judge's protective orders and was revealed via litigation and the Freedom of Information Act. These pro bono lawyers serving clients assigned to them at Gitmo used privileged attorney client mail to send banned materials. They carried in news report of US failures in Afghanistan and Iraq . One lawyer drew a map of the prison. Another delivered lists to his client of all the suspects held there. They placed on the internet a facsimile of the badges worn by the Guards. Some lawyers "provided news outlets with 'interviews' of their clients using questions provided in advance by the news organizations." When a partner at one of the large Wall Street law firms sent in multiple copies of an Amnesty International brochure, which her client was to distribute to other prisoners, she was relieved from her representation and barred by the Military Commander from visiting her client.
This case is significant to interpret not because of the right wing line to punish these lawyers and manipulate their corporate clients to stop patronizing such "wayward" firms. Instead it is significant because, Lynne Stewart, a left wing progressive lawyer who had dedicated her thirty year career to defending the poor, the despised, the political prisoner and those ensnared by reason of race, gender, ethnicity, religion , who was dealt with by the same Department of Justice, in such a draconian fashion, confirms our deepest suspicions that she was targeted for prosecution and punishment because of who she is and who she represented so ably and not because of any misdeed.
Let me be very clear, I am not saying that the Gitmo lawyers acted in any "criminal" manner. The great tradition of the defense bar is to be able to make crucial decisions for and with the client without interference by the adversary Government.
I believe that they were acting as zealous attorneys trying to establish rapport and trust with their clients. That said, the moment the Department of Defense and the Department of Justice tried to remove Julia Tarver Mason from her client, the playing field tilted. Ms Tarver Mason was not led out of her home in handcuffs to the full glare of publicity. There was no press conference. The Attorney General did not go on the David Letterman show to gloat about the latest strike in the War on Terror, the purge of the Gitmo lawyer...NO.
Instead an "armada" of corporate lawyers went to Court against the Government. They, in the terms of the litigation trade, papered the US District Courthouse in Washington D.C. They brought to bear the full force of their Money and Power-- derived from the corporate world--and in 2006 "settled" the case with the government, restoring their clients to Guantanamo without any punishment at all, not to say any Indictment. Lynne Stewart, without corporate connections and coming from a working class background, was tried and convicted for issuing, on behalf of her client, a public press release to Reuters. There was no injury, no harm, no attacks, no deaths.
Yet that same Department of Justice that dealt so favorably and capitulated to the Gitmo corporate lawyers, wants to sentence Lynne Stewart to thirty (30) YEARS in prison. It is the equivalent of asking for a death sentence since she is 70 years old.
This vast disparity in treatment between Lynne and the Gitmo lawyers reveals the deep contradictions of the system ---those who derive power from rich and potent corporations, those whose day to day work maintains and increases that power--are treated differently. Is it because the Corporate Power is intertwined with Government Power???
Lynne Stewart deserves Justice... equal justice under law. Her present sentence of 28 months incarceration (she is in Federal Prison) should at least be maintained, if not made equal to the punishment that was meted out to the Gitmo lawyers. The thirty year sentence, assiduously pursued by DOJ under both Bush and Obama, is an obscenity and an affront to fundamental fairness. They wanted to make her career and dedication to individual clients, a warning, to the defense bar that the Government can arrest any lawyer on any pretext. The sharp contrasts between the cases of Lynne and the Gitmo lawyers just confirm that she is getting a raw deal--one that should be protested actively, visibly and with the full force of our righteous resistance.
Write to Lynne:
Lynne Stewart 53504-054
MCC-NY
150 Park Row
New York, New York 10007
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Bernadette McAliskey Quote on Zionists:
"The root cause of conflict in the Middle East is the very nature of the state of Israel. It is a facist state. It is a international bully, which exists not to protect the rights of the Jewish people but to perpetuate a belief of Zionist supremacy. It debases the victims of the holocaust by its own strategy for extermination of Palestine and Palestinians and has become the image and likeness of its own worst enemy, the Third Reich.
"Anyone challenging their position, their crazed self-image is entitled, in the fascist construction of their thinking, to be wiped out. Every humanitarian becomes a terrorist? How long is the reality of the danger Israel poses to world peace going to be denied by the Western powers who created this monster?"
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POEM ON WHAT ISRAEL DOES NOT ALLOW INTO GAZA - FROM THE IRISH TIMES / CARDOMAN AS A BIOLOGICAL WARFARE WEAPON
[ The poem does not mention that the popular herb cardamom is banned from importation into Gaza. Israel probably fears that cardamom can be used as a biological weapon. Rockets with cardamom filled projectiles landing in Israel could cause Israeli soldiers 'guarding' the border to succumb to pangs of hunger, leave their posts to go get something eat, and leave Israel defenseless. - Howard Keylor]
Richard Tillinghast is an American poet who lives in Co Tipperary. He is the author of eight books of poetry, the latest of which is Selected Poems (Dedalus Press, 2010 ), as well as several works of non-fiction
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No tinned meat is allowed, no tomato paste,
no clothing, no shoes, no notebooks.
These will be stored in our warehouses at Kerem Shalom
until further notice.
Bananas, apples, and persimmons are allowed into Gaza,
peaches and dates, and now macaroni
(after the American Senator's visit).
These are vital for daily sustenance.
But no apricots, no plums, no grapes, no avocados, no jam.
These are luxuries and are not allowed.
Paper for textbooks is not allowed.
The terrorists could use it to print seditious material.
And why do you need textbooks
now that your schools are rubble?
No steel is allowed, no building supplies, no plastic pipe.
These the terrorists could use to launch rockets
against us.
Pumpkins and carrots you may have, but no delicacies,
no cherries, no pomegranates, no watermelon, no onions,
no chocolate.
We have a list of three dozen items that are allowed,
but we are not obliged to disclose its contents.
This is the decision arrived at
by Colonel Levi, Colonel Rosenzweig, and Colonel Segal.
Our motto:
'No prosperity, no development, no humanitarian crisis.'
You may fish in the Mediterranean,
but only as far as three km from shore.
Beyond that and we open fire.
It is a great pity the waters are polluted
twenty million gallons of raw sewage dumped into the sea every day
is the figure given.
Our rockets struck the sewage treatments plants,
and at this point spare parts to repair them are not allowed.
As long as Hamas threatens us,
no cement is allowed, no glass, no medical equipment.
We are watching you from our pilotless drones
as you cook your sparse meals over open fires
and bed down
in the ruins of houses destroyed by tank shells.
And if your children can't sleep,
missing the ones who were killed in our incursion,
or cry out in the night, or wet their beds
in your makeshift refugee tents,
or scream, feeling pain in their amputated limbs -
that's the price you pay for harbouring terrorists.
God gave us this land.
A land without a people for a people without a land.
--
Greta Berlin, Co-Founder
+357 99 18 72 75
witnessgaza.com
www.freegaza.org
http://www.flickr.com/photos/freegaza
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Please sign the petition to stop the execution of Mumia Abu-Jamal and
and forward it to all your lists.
"Mumia Abu-Jamal and The Global Abolition of the Death Penalty"
http://www.petitiononline.com/Mumialaw/petition.html
(A Life In the Balance - The Case of Mumia Abu-Jamal, at 34, Amnesty Int'l, 2000; www. Amnesty.org/en/library/info/AMR51/001/2000.)
[Note: This petition is approved by Mumia Abu-Jamal and his lead attorney, Robert R. Bryan, San Francisco (E-mail: MumiaLegalDefense@gmail.com; Website: www.MumiaLegalDefense.org).]
Committee To Save Mumia Abu-Jamal
P.O. Box 2012
New York, NY 10159-2012
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Donations for Mumia's Legal Defense in the U.S. Our legal effort is the front line of the battle for Mumia's freedom and life. His legal defense needs help. The costs are substantial for our litigation in the U.S. Supreme Court and at the state level. To help, please make your checks payable to the National Lawyers Guild Foundation indicate "Mumia" on the bottom left). All donations are tax deductible under the Internal Revenue Code, section 501c)3), and should be mailed to:
It is outrageous and a violation of human rights that Mumia remains in prison and on death row. His life hangs in the balance. My career has been marked by successfully representing people facing death in murder cases. I will not rest until we win Mumia's case. Justice requires no less.
With best wishes,
Robert R. Bryan
Lead counsel for Mumia Abu-Jamal
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Short Video About Al-Awda's Work
The following link is to a short video which provides an overview of Al-Awda's work since the founding of our organization in 2000. This video was first shown on Saturday May 23, 2009 at the fundraising banquet of the 7th Annual Int'l Al-Awda Convention in Anaheim California. It was produced from footage collected over the past nine years.
Video: http://www.youtube.com/watch?v=kTiAkbB5uC0&eurl
Support Al-Awda, a Great Organization and Cause!
Al-Awda, The Palestine Right to Return Coalition, depends on your financial support to carry out its work.
To submit your tax-deductible donation to support our work, go to
http://www.al-awda.org/donate.html and follow the simple instructions.
Thank you for your generosity!
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KEVIN COOPER IS INNOCENT!
FLASHPOINTS Interview with Innocent San Quentin Death Row Inmate
Kevin Cooper -- Aired Monday, May 18,2009
http://www.flashpoints.net/#GOOGLE_SEARCH_ENGINE
To learn more about Kevin Cooper go to:
savekevincooper.org
LINKS
San Francisco Chronicle article on the recent ruling:
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/05/13/BAM517J8T3.DTL
Ninth Circuit Court of Appeals ruling and dissent:
http://www.ca9.uscourts.gov/datastore/opinions/2009/05/11/05-99004o.pdf
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COURAGE TO RESIST!
Support the troops who refuse to fight!
http://www.couragetoresist.org/x/
Donate:
http://www.couragetoresist.org/x/content/view/21/57/
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D. ARTICLES IN FULL
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1) Unusual Alliance Protests Execution
By BOB DRIEHAUS
August 9, 2010
http://www.nytimes.com/2010/08/10/us/10deathrow.html?ref=us
2) Relief Well Nears Point of Intercept
By THE NEW YORK TIMES
August 9, 2010
http://www.nytimes.com/2010/08/10/us/10spill.html?ref=us
3) Out of Sight, Out of Mind (Even When It's Not Out of Sight)
By Dahr Jamail
August 8, 2010
http://dahrjamailiraq.com/out-of-sight-out-of-mind-even-when-it%E2%80%99s-not-out-of-sight#more-1946
4) New Jersey Halts Oyster Restoration Project
By RICHARD PÉREZ-PEÑA
August 9, 2010
http://www.nytimes.com/2010/08/10/nyregion/10oysters.html?ref=us
5) Teacher Jobs Saved by $12 Billion Cut to Food Stamps
posted by: Ann Bibby
August 11, 2010
http://www.care2.com/causes/education/blog/house-passes-edujobs-teaching-jobs-saved-at-the-expense-of-food-stamps/
6) In the Rearview Mirror, Oklahoma and Death Row
By DAN BARRY
August 10, 2010
http://www.nytimes.com/2010/08/11/us/11land.html?ref=us
7) Flight Attendant's Tale Resonates, and Evolves
By JAMES BARRON
August 10, 2010
http://www.nytimes.com/2010/08/11/nyregion/11attendant.html?ref=nyregion
8) California Unions Take Pay Protest to Movies
By DAVID STREITFELD
August 10, 2010
http://www.nytimes.com/2010/08/11/business/11furlough.html?ref=business
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1) Unusual Alliance Protests Execution
By BOB DRIEHAUS
August 9, 2010
http://www.nytimes.com/2010/08/10/us/10deathrow.html?ref=us
CINCINNATI - An unlikely array of Republicans and Democrats, attorneys general and federal and state judges and prosecutors has lined up to fight the execution of a death row inmate many believe to be innocent.
Dozens of former officials have joined death penalty opponents to appeal to Gov. Ted Strickland of Ohio, a Democrat, to spare the life of the inmate, Kevin Keith. They say emerging evidence of investigative errors, inadequate defense and the existence of another suspect merit a pardon or at least a new trial.
The diverse group, including some who generally support the death penalty, is scheduled to appear at a news conference at the Statehouse in Columbus on Tuesday, ahead of a clemency hearing on Wednesday.
Mr. Keith, 46, was convicted of murdering two women and a 4-year-old girl and wounding a man and two children in February 1994. Prosecutors said he sprayed gunfire through an apartment in Bucyrus, Ohio, to retaliate against a relative of some of the victims who cooperated with a drug raid.
Mr. Keith is scheduled to be executed by lethal injection on Sept. 15. But many believe he did not commit the crime.
"I am gravely concerned that the State of Ohio may be on the verge of executing an innocent person," Jim Petro, a former Ohio attorney general and a Republican who described himself as a death penalty supporter, wrote in a letter to Mr. Strickland.
Herbert R. Brown, a member of the Ohio Public Defender Commission and a former Ohio Supreme Court justice, wrote to the governor, "There is a mass of exculpatory evidence, suppressed evidence, faulty eyewitness identification and forensic reports that support legitimate claims of innocence."
Those officials were joined by 31 former judges and prosecutors from around the country; the Innocence Network and its 61 affiliates, including the Ohio Innocence Project; and 100 religious leaders and organizations - a level of support that very few cases reach, said Richard C. Dieter, executive director of the Death Penalty Information Center in Washington.
Defense lawyers say another man told a confidential informant in a separate drug investigation that he had been hired for $15,000 to "cripple" the informant whose relatives were victims of the Bucyrus shooting. That other man was also identified as the Bucyrus gunman by his co-defendant in the drug case, said Rachel Troutman, Mr. Keith's lawyer.
Lawyers say that a critical piece of evidence in Mr. Keith's case was fabricated. A police officer testified that a nurse who treated the lone adult survivor had called the police station and said the survivor identified his attacker as "Kevin." But the original defense team did not call the nurse to testify, and a 2007 investigation found no nurse with the name given by the officer. A nurse with the same first name but a different surname who treated the victim stated in a 2007 affidavit that she did not hear or relay the name of the gunman.
Mr. Keith's defenders also say that the photo lineup in which he was identified by the only adult witness was prejudiced because his photo was larger than the others, the photos were presented by police officers who knew Mr. Keith was a suspect, and the photos were displayed simultaneously rather than sequentially. The state now recognizes those practices as likely to produce false identifications and proscribes them in a law passed with bipartisan support this year.
State Senator David Goodman, a Republican who sponsored the bill, has also called for clemency.
The fact that the victim, a white man, was asked to identify a black assailant also increased the chance of an inaccurate identification, according to a panel of 13 eyewitness and memory experts from universities throughout the country. The panel was assembled by Scott D. Gronlund, a University of Oklahoma psychology professor, on behalf of Mr. Keith.
Some of the five people who offered an alibi for Mr. Keith were never brought to testify, defense lawyers said.
Clifford Murphy, an assistant prosecutor in Crawford County, where the crime was committed, declined to comment.
Mr. Keith has lost state and federal appeals, including an effort to bring his case before the United States Supreme Court. His clemency request comes as Mr. Strickland is locked in a campaign for re-election against John Kasich, a former Republican congressman.
Amanda Wurst, Mr. Strickland's spokeswoman, said that the governor and his staff always rigorously reviewed clemency requests and that he had made no decision in the case. "The governor has already said that he finds some of the circumstances in Mr. Keith's case troubling," Ms. Wurst said.
She said the re-election campaign would play no part in his decision. "This is an issue of life and death, and that takes precedent over political considerations."
Mr. Dieter said governors often faced political pressure to deny clemency, especially during a campaign, though few ever acknowledged its influence.
Mr. Strickland, whose administration has overseen more executions over the last two years than any state but Texas, may have the political leeway to grant clemency if he believes it is warranted, Mr. Dieter said.
"I guess if the governor had to prove his commitment to the death penalty, it's been done," he said, "and Governor Strickland knows that the death penalty is not infallible."
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2) Relief Well Nears Point of Intercept
By THE NEW YORK TIMES
August 9, 2010
http://www.nytimes.com/2010/08/10/us/10spill.html?ref=us
The official in charge of the federal response to the oil spill in the Gulf of Mexico said Monday that a relief well being drilled was within 30 to 40 feet of intercepting the well that poured millions of barrels of oil in the gulf.
Although a "static kill," or "top kill," cemented the runaway well last week, the relief well is considered a more reliably permanent solution.
"They're closing in on the last, I'd say, 30 or 40 feet at this point," Thad W. Allen, the retired Coast Guard admiral who heads the response effort, told reporters Monday. "But it's very, very slow because they have to be very exact."
The drilling of the relief well began on May 2 and has reached nearly 18,000 feet. Officials for BP have emphasized that intercepting the Macondo well on the first try will be difficult. After a spill off the coast of Australia last August, crews needed five attempts to hit their target.
Also on Monday, BP and the Justice Department announced that they had finished negotiations to set up a $20 billion fund for victims of the spill, and that BP had made a $3 billion initial deposit.
"Establishing this trust and making the initial deposit ahead of schedule further demonstrates our commitment to making it right in the Gulf Coast," Bob Dudley, chief executive of BP's Gulf Coast Restoration Organization, said in a statement.
Kenneth R. Feinberg is the independent administrator, appointed by President Obama in June, who will run the fund to pay spill-related claims.
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3) Out of Sight, Out of Mind (Even When It's Not Out of Sight)
By Dahr Jamail
August 8, 2010
http://dahrjamailiraq.com/out-of-sight-out-of-mind-even-when-it%E2%80%99s-not-out-of-sight#more-1946
Since BP announced that CEO Tony Hayward would receive a multi-million dollar golden parachute and be replaced by Bob Dudley, we have witnessed an incredibly broad, and powerful, propaganda campaign. A campaign that peaked this week with the U.S. government, clearly acting in BP's best interests, itself announcing, via outlets willing to allow themselves to be used to transfer the propaganda, like the New York Times, this message: "The government is expected to announce on Wednesday that three-quarters of the oil from the Deepwater Horizon leak has already evaporated, dispersed, been captured or otherwise eliminated-and that much of the rest is so diluted that it does not seem to pose much additional risk of harm."
The Times was accommodating enough to lead the story with a nice photo of a fishing boat motoring across clean water with several birds in the foreground.
This message was disseminated far and wide, via other mainstream media outlets like the AP and Reuters, effectively announcing to the masses that despite the Gulf of Mexico suffering the largest marine oil disaster in U.S. history, most of the oil was simply "gone."
Thus, it's only what is on the surface that counts. If you can't see it, there is not a problem.
This kind of government cover-up is nothing new, of course.
"It is well known that after the Chernobyl accident, the Soviet government immediately did everything possible to conceal the fact of the accident and its consequences for the population and the environment: it issued 'top secret' instructions to classify all data on the accident, especially as regards the health of the affected population," journalist Alla Yaroshinskaya has written.
In 1990 Yaroshinskaya came across documents about the Chernobyl nuclear catastrophe that revealed a massive state cover-up operation, coupled with a calculated policy of disinformation where the then Soviet Union's state and party leadership knowingly played down the extent of the contamination and offered a sanitized version to the public, both in and out of Russia. To date, studies continue to show ongoing human and environmental damage from that disaster.
When the disaster at Chernobyl occurred, it was only after radiation levels triggered alarms at the Forsmark Nuclear Power Plant in Sweden that the Soviet Union admitted an accident had even occurred. Even then, government authorities immediately began to attempt to conceal the scale of the disaster.
Sound familiar?
In late April, after the Deepwater Horizon rig exploded and sank into the depths and the Macondo well began gushing oil, BP and the complicit Coast Guard announced no oil was being released. The Gulf Restoration Network flew out to the scene and saw massive amounts of oil and sounded the alarm, which forced BP and the U.S. government to admit there was, indeed, oil. Such has the trend of BP/U.S. Government lying, countered by (sometimes) forced accountability, then to more lying, been set.
These most recent, and most blatant of the BP/U.S. Government propaganda gems are easily undermined by countless facts. Reality and truth always, given time, find a way to surface...just like BP's dispersed oil.
Two captains of so-called "vessels of opportunity" helping with the cleanup recently told Times-Picayune reporter Bob Marshall that they saw more oil at South Pass on Tuesday than they have during the entire crisis.
"I don't know where everyone else is looking, but if they think there's no more oil out there, they should take a ride with me," charter captain Mike Frenette said.
Another captain, Don Sutton, saw floating tar balls for 15 miles from South Pass to Southwest Pass. "And that wasn't all we saw. There were patches of oil in that chocolate mousse stuff, slicks and patches of grass with oil on them,'" he said.
Yesterday I spoke with Clint Guidry, a Louisiana fisherman who is on the Board of Directors of the Louisiana Shrimp Association and the Shrimp Harvester Representative on the Louisiana Shrimp Task Force created by Executive Order of Louisiana Governor Bobby Jindal.
"Right now, there is more oil in Barataria Bay than there has been since this whole thing started on April 20," Guidry told me.
BP oil is now turning up under the shells of post-larval blue crabs all across the northern Gulf of Mexico. Nearly all the crab larvae collected to date by researchers, from Grand Isle, Louisiana all the way over to Pensacola, Florida, have oil under their shells. Further analysis is showing that the crabs likely also contain BP's Corexit dispersant.
On August 5th it was reported that a pair of fishermen in Mississippi "made an alarming discovery that has many wondering what's happening below the surface" of the Gulf of Mexico. They found several full-sized crabs filled with oil.
In Hancock County, Mississippi, Brian Adam, the EMA director, reported, "We're still seeing tar balls everyday, and I'm not talking just a few tar balls. We're seeing a good amount everyday on the beaches."
According to Adam, a rock jetty near Waveland became covered in one thousand pounds of tar balls in only three days time. Keith Ladner, owner of Gulf Shores Sea Products and a longtime supplier of seafood, said this of some full-sized crabs he found near the mouth of Bay St. Louis: "You could tell it was real slick and dark in color so I grabbed it, and opened the back of the crab, and you could see in the 'dead man' or the lungs of the crabs...you could see the black."
The National Oceanic and Atmospheric Administration (NOAA) report from Wednesday claims that 33 percent of BP's oil in the Gulf has been either burned, skimmed, dispersed, or directly recovered by cleanup operations. NOAA goes on to claim that another 25 percent has evaporated into the atmosphere or dissolved in the water, and another 16 percent has been naturally dispersed. Of the remaining 26 percent, NOAA claims that amount is either washed ashore, been collected from beaches, is buried along the coasts, or is still on or just below the surface.
University of South Florida chemical oceanographer David Hollander says these estimates are "ludicrous." Of the NOAA report, Hollander says, "It's almost comical."
Other scientists also immediately expressed their doubts of the validity of the NOAA report, while toxicologists expect to be busy tracking the effects of BP's toxic dispersants "for years."
Giant plumes of BP's sub-surface dispersed oil are floating around the Gulf of Mexico, as confirmed recently by researchers from the University of South Florida.
It was also recently revealed that the worst dead zone in 25 years has been recorded in Gulf of Mexico waters. Of course it's likely a given that this is due to BP's liberal use of dispersants.
"To judge from most media coverage, the beaches are open, the fishing restrictions being lifted and the Gulf resorts open for business in a healthy, safe environment," environmental activist Jerry Cope wrote recently, "We, along with Pierre LeBlanc, spent the last few weeks along the Gulf coast from Louisiana to Florida, and the reality is distinctly different. The coastal communities of Louisiana, Mississippi, Alabama, and Florida have been inundated by the oil and toxic dispersant Corexit 9500, and the entire region is contaminated. The once pristine white beaches that have been subject to intense cleaning operations now contain the oil/dispersant contamination to an unknown depth. The economic impacts potentially exceed even the devastation of a major hurricane like Katrina, the adverse impacts on health and welfare of human populations are increasing every minute of every day and the long-term effects are potentially life threatening."
Cope continued:
"In May, Mother Nature Network blogger Karl Burkart received a tip from an anonymous fisherman-turned-BP contractor in the form of a distressed text message, describing a near-apocalyptic sight near the location of the sunken Deepwater Horizon-fish, dolphins, rays, squid, whales, and thousands of birds-"as far as the eye can see," dead and dying. According to his statement, which was later confirmed by another report from an individual working in the Gulf, whale carcasses were being shipped to a highly guarded location where they were processed for disposal."
"Local fisherman in Alabama report sighting tremendous numbers of dolphins, sharks, and fish moving in towards shore as the initial waves of oil and dispersant approached in June. Many third and fourth generation fishermen declared emphatically that they had never seen or heard of any similar event in the past. Scores of animals were fleeing the leading edge of toxic dispersant mixed with oil. Those not either caught in the toxic mixture and killed out at sea, or fortunate enough to be out in safe water beyond the Source, died as the water closed in, and they were left no safe harbor. The numbers of birds, fish, turtles, and mammals killed by the use of Corexit will never be known as the evidence strongly suggests that BP worked with the Coast Guard, the Department of Homeland Security, the FAA, private security contractors, and local law enforcement, all of which cooperated to conceal the operations disposing of the animals from the media and the public."
Cope added, "The Gulf of Mexico from the Source into the shore is a giant kill zone."
Earlier this week, marine biologist, toxicologist and Exxon Valdez survivor Dr. Riki Ott took a flight over southern Louisiana. Here's some of what she wrote about it:
"Bay Jimmy on the northeast side of Barataria Bay was full of oil. So was Bay Baptiste, Lake Grande Ecaille, and Billet Bay. Sitting next to me was Mike Roberts, a shrimper with Louisiana Bayoukeepers, who has grown up in this area. His voice crackled over the headset as I strained to hold the window. "I've fished in all these waters-everywhere you can see. It's all oiled. This is the worst I've seen. This is a heart-break..."
"We followed thick streamers of black oil and ribbons of rainbow sheen from Bay Baptiste and Bay Jimmy south across Barataria Bay through Four Bayou Pass and into the Gulf of Mexico. The ocean's smooth surface glinted like molten lead in the late afternoon sun. Oil. As far as we could see: Oil."
"When we landed after our 2-hour flight, our pilot told us that she sometimes has to wipe an oily reddish film off the leading edges of her plane's wings after flying over the Gulf. Hurricane Creekkeeper John Wathem documented similar oily films on planes he chartered for Gulf over-flights. Bonnie doesn't wear gloves when she wipes her plane. She showed me her hands-red rash, blisters, and peeling palms."
"If peeling palms are an indication of the oil-solvent stew, the reddish film on Bonnie's plane and others means that the stew is not only in the Gulf, it is in the rain clouds above the Gulf. And in the middle of hurricane season, this means the oil-solvent mix could rain down anywhere across the Gulf."
Dean Blanchard, one of the most important seafood purchasers in Louisiana, recently attended a Town Hall Meeting with a BP representative in Grand Isle, Louisiana.
In the meeting, Blanchard stands up and addresses the BP representative at length.
"Ya'll didn't give me enough money to pay my bills. I can show you. For the electric bill and everything. What I've collected from BP, so far since this started, is less than what I paid out in bills. And I've cut my things down to rock bottom. But how do you expect a man to live on less than ten percent of what I was projected to make? I don't believe there's anybody in this country who could pay their bills with just ten percent of their check. We borrowed money preparing for shrimping season and this happened at the worst possible time."
Blanchard added, "I ain't got no job, and no money, and Mr. Hayward gets $18 million and a new job. That's hard to take. Let me tell you. Very, very hard to take."
I should point out that from my first days in Louisiana, I've been hearing from fishermen working on BP's clean-up operations that BP is using night flights to drop dispersant on oiled bays. I've seen video taken by fishermen of a white-foamy substance in the marsh the morning after these flights took place.
Blanchard went on to say that he felt that BP did not want to clean up the oil, that it was more cost effective for them to leave it in the water than to clean it up, and then mocked the preposterous government claim that most of the oil is gone because you cannot see it from the air.
The BP rep, Jason, clearly nervous, later responds by saying,
"We are doing over-flights, our task forces are looking for oil each day. We have a communications room where they are able to call in sightings of oil, from the boats, from the task forces. There is...I understand the anger and I understand the frustration. A couple of things that Dean said I have to take exception to. We do want to clean up this oil. I can understand frustration. I can understand seeing certain people getting certain amounts of money and some of the things that people see. But someone is going to have to explain to me why BP would not want to clean up this oil."
Blanchard had clearly heard enough of BP's propaganda. To the representatives' request to have someone explain to him why BP would not want to clean up the oil, Blanchard angrily obliged:
"Because it's more cost effective for ya'll to come at night and sink the son-of-a-bitch! When the oil's coming around, they call ya'll, they tell ya'll where the oil's at, and the first thing ya'll do is tell them to go the other way, ya'll send the planes, and ya'll fucking sink it! [Spray dispersants from the air] That's what ya'll are doing, come on man!"
He sits back down angrily.
"Let's quit playing over here and tell the truth. Ya'll are sinking the oil, Jason! You know ya'll are sinking it. You know what ya'll are doing. Ya'll are sending all the boats, you're putting them all in a group at night, we all hear the planes, and the next morning there's nothing but white bubbles! What do you think, we're stupid? We're not stupid! Ya'll are putting the oil on the bottom of my fishing grounds! Ya'll not only messing me up now, ya'll are messing me up for the rest of my life! I ain't gonna live long enough to buy anymore shrimp!"
The lives of Gulf coast fishermen and residents are being destroyed. Scientists, environmentalists, and toxicologists are describing the Gulf of Mexico as a growing dead zone, a kill zone, and an energy sacrifice zone. As you read this, oil is everywhere around southeastern Louisiana, and continually washing ashore in Alabama and Mississippi.
Meanwhile, Doug Suttles, BP's chief operating officer, announced Friday that the company may not give up on its claims on the Macondo well. "There's lots of oil and gas here," he said, "We're going to have to think about what to do with that at some point."
Of this, Louisiana's St. Bernard Parish President Craig Taffaro said it's no secret that BP wants to drill again. In fact, he said, it has been part of his conversations with BP since the oil crisis began.
Let us be clear about who, and what, we are dealing with here.
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4) New Jersey Halts Oyster Restoration Project
By RICHARD PÉREZ-PEÑA
August 9, 2010
http://www.nytimes.com/2010/08/10/nyregion/10oysters.html?ref=us
KEYPORT, N.J. - A decade of efforts to restore marine life to the polluted Raritan Bay suffered a serious setback on Monday when, under orders from the state, an environmental group pulled up the oysters it had cultivated there.
But after years of wrangling with the State Department of Environmental Protection, the group, NY/NJ Baykeeper, said it was not surrendering, just beating a tactical retreat. The state agency wants the project to stop completely, but Baykeeper insists it still has the right to seed new oysters in a small patch of Keyport Harbor, in Raritan Bay.
Oysters, which can act as natural water filters but also absorb toxins from their habitat, present something of a Catch-22: scientists say that growing them could play a major role in returning the bay to health, but state regulators, obliged to prevent dangerous seafood from reaching consumers, say the water is too polluted to allow it.
Bob Martin, the state environmental protection commissioner, said he gave the order for Baykeeper to remove its oysters reluctantly, because "we think their research is good research."
But Mr. Martin was under pressure from the United States Food and Drug Administration, which told the state to improve its monitoring of shellfish harvesting or risk a federal order to shut down the industry.
The federal agency demands that if oysters are being grown in Keyport Harbor, the state should send patrol boats to the harbor to monitor the project. Mr. Martin said his department had already "stretched as far as we possibly can" just to patrol areas where harvesting was allowed.
"We don't want those contaminated oysters getting into the food supply," he said. "And we've got a $790 million shellfish industry in this state to protect."
Meredith Comi, who runs the oyster project for Baykeeper, said such fears were unwarranted because Baykeeper's oysters were encased in an artificial reef - a metal frame with a hard plastic mesh, anchored in the sand deep under water. The group placed another reef in the Navesink River, in Monmouth County.
"It's totally unrealistic to think anybody could poach those oysters and eat them," Ms. Comi said. "We use a boat and a crane to lift those structures."
Baykeeper is trying to find a new home for its oysters, she said, rather than destroying them.
She also said there were "millions upon million of clams living in that bay, in waters that are also off-limits, and they're much easier to poach because they don't attach to anything, but the state isn't worried about policing that."
Asked about the clams, Lawrence Ragonese, a spokesman for the environmental department, said, "Just because there are naturally occurring shellfish growing here doesn't mean you can purposely grow more of them."
Raritan Bay once offered oysters in such abundance that for the Lenape Indians and early white settlers, finding dinner was as simple as a quick wade in the shallows. But overharvesting, combined with pollution, long ago killed off the oysters.
Biologists call oysters a keystone species - without them, much of the species' ecosystem collapses. In addition to making the water cleaner and clearer, oysters latch onto objects and one another, forming natural reefs that provide habitat for other animals and plants, and combat erosion.
Over the last decade, Baykeeper has tried several times to cultivate oysters in small areas of Raritan Bay and adjoining waters, with permission - sometimes grudging - from the state. The group found that in the right circumstances, the oysters did, indeed, survive and grow.
When New Jersey officials first told Baykeeper months ago to remove the oysters, the group said the order was invalid and promised a drawn-out fight through administrative hearings and appeals, and possibly the courts. But Christopher Len, a lawyer for the group, said Baykeeper recently realized it had a problem.
"Our permit from D.E.P. said if the oysters reached market size, D.E.P. could order their removal," he said. "These meet their definition of market size, so we have to remove them."
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5) Teacher Jobs Saved by $12 Billion Cut to Food Stamps
posted by: Ann Bibby
August 11, 2010
http://www.care2.com/causes/education/blog/house-passes-edujobs-teaching-jobs-saved-at-the-expense-of-food-stamps/
The House reconvened to vote on the Edujobs bill yesterday, which resulted in the bill passing today. The bill now makes its way to the White House, where President Obama awaits the its arrival. Although the spending appropriation aimed at putting laid off teachers back in the classroom was scaled back, the bill itself carries a $26 billion price tag -- $10 billion going to the states for teachers, and the other $16 billion aimed at stop-gapping a Medicaid shortfall that would have meant disaster for the cash-strapped states.
Not Everyone Pleased
Though school districts, teachers and the White House are pleased with this rare effort of semi-cooperation, Republicans and conservative Democrats still believe the money is ill spent.
Food Stamps Cut
Particularly hard to swallow is the fact that $12 billion needed to be cut from the Food Stamp program in order to fund Edujobs. This is unsettling news considering a recent report showed food insecurity -- the number of people for whom their next meal is uncertain -- is on the rise in the United States. Given current unemployment numbers and the sky high number of people applying for assistance, programs like Food Stamps are part of the fabric holding the economy together.
Taking money from food stamps definitely has a robbing Peter to pay Paul feel and has some members of Congress angry.
"At a time when we have seen the demand for food assistance skyrocket, we have chosen to pilfer $12 billion from the food stamp program," said Rep. Rosa DeLauro, D-Conn.
President Reaffirms Commitment to Education
But at today's press conference, the President reminded the public that teachers play a vital role in delivering education to the nation's children, and it was imperative the bill be passed.
"We can't stand by and do nothing while pink slips are given to the men and women who educate our children," he said.
Not all Teachers Called Back
However, some school districts have indicated they will not rehire teachers. Instead, they will save the money to prevent layoffs certain to come next spring if the recession continues to hammer their states' coffers.
Aid Arriving Soon
Regardless, Sec. of Education Arne Duncan has said that his department is working to ensure states can apply for funding quickly and hopes to have aid distributed within a few weeks. Some school districts have already begun recalling teachers.
Your Thoughts
Certainly the President is correct about the importance of education, but the bill's critics make good points, too. What should our priorities be? Where should Congress be cutting the budget instead?
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6) In the Rearview Mirror, Oklahoma and Death Row
By DAN BARRY
August 10, 2010
http://www.nytimes.com/2010/08/11/us/11land.html?ref=us
MONTGOMERY, Ala.
You can never come back, ever. If you plead guilty to that long-ago murder in Oklahoma City, you will be released from prison, where you have spent most of the last 27 years on death row. But once free, you will be banished from Oklahoma. O.K.?
O.K., said James Fisher, trading his black-and-white-striped prison top for a blue-and-white-striped dress shirt. Then, without shackles or escort, he stepped into the late afternoon of a state that once wanted him dead and now just wanted him gone.
First, though, Mr. Fisher's lawyers and supporters thought that the end to his Hitchcockian case, a study in the cost of appalling legal representation, warranted at least dinner. So they took him to Earl's Rib Palace for the celebratory opposite of a last meal.
With brown eyes wide behind large glasses and incarceration-gray hair cut close to the scalp, the ex-inmate dined on ribs, coleslaw, fried okra, and root beer. While he ate, a gospel singer from Georgia introduced herself, sang out a song of redemption, and handed him a $100 bill.
When dinner was over, he ordered a coffee, to go.
A trip to WalMart for the incidentals needed on the outside was aborted when word came that the district attorney expected Mr. Fisher to be already gone. His lawyers promised an early start the next day, and he went to sleep in a hotel at the city's edge.
In the morning, his latest defense lawyer, Perry Hudson, gave him a farewell gift, a portable MP3 player. Mr. Fisher had wanted a Walkman, a hot item back when he was last free, but Mr. Hudson explained that this was better.
Then Mr. Fisher got into the passenger seat of a small red rental car that soon blended into the southward flow of Interstate 35. As the radio played hip-hop, the exhausted, exhilarated man gazed through the car window at a different country from the one he remembered.
"It looked like the society outside had become cleaner, shinier," he said.
What Mr. Fisher, 46, remembered included this: abandoned as a small child, fobbed off to relatives, returned to an abusive father and dumped at 13 on the doorstep of the New York State child-welfare system, which cut him loose at 16. In and out of the Navy in seven months, he bobbed through the drugs and street life of the South, until he found a bus ticket to Tulsa and drifted, finally, into Oklahoma City.
There, on Dec. 12, 1982, a white man named Terry Neal was stabbed to death in his apartment with the broken neck of a wine bottle. A juvenile known to solicit on the streets was charged with the murder, but that changed when he named Mr. Fisher as the assailant. He said that Mr. Neal had picked the two of them up for sex, but that things had gone wrong.
Mr. Fisher, who is African-American, was arrested in upstate New York and returned to Oklahoma, where he pleaded not guilty to first-degree murder. He faced execution if convicted, a prospect that, records show, his well-respected lawyer did little to avoid.
The lawyer, E. Melvin Porter, a civil rights advocate and the first African-American elected to the Oklahoma State Senate, later said that at the time he considered homosexuals to be "among the worst people in the world," and Mr. Fisher to be a "very hostile client."
Mr. Porter was shockingly ill-prepared for trial - "unwilling or unable to reveal evident holes in the state's case," a federal appellate court later noted, yet "remarkably successful in undermining his own client's testimony." He exhibited "actual doubt and hostility" about his client's defense, the court said, and failed to present a closing argument, even though the state's case "was hardly overwhelming."
When the time came at sentencing to plead for mercy, the court said, Mr. Porter uttered just nine words. Four were judicial pleasantries; the remaining five formed a lame objection to the prosecution's closing argument.
With that, James Fisher, 20, was sentenced to death.
Years passed and appeals were denied. He lived in the cave-like setting of the death-row unit, spending 23 hours a day in his cell, and was frequently relegated to one of the special disciplinary isolation cells. As his various emotional problems went largely untreated, he grew increasingly self-destructive, according to a comprehensive psychological assessment.
He became a notoriously difficult inmate, often disciplined for refusing to remove his hands from the cell-door slot through which his food trays were passed. With these hand gestures, Mr. Fisher shouted his frustration.
Finally, after 19 years, the federal Court of Appeals for the 10th Circuit overturned Mr. Fisher's conviction on the grounds of "ineffective assistance of counsel." In 2005 he was tried again, only to relive his courtroom betrayal.
This time his lawyer was Johnny Albert, also well-regarded, who later admitted that at the time of the trial, he was drinking heavily, abusing cocaine and neglecting cases. The two men fought so much that Mr. Albert once physically threatened Mr. Fisher, who then refused to attend his own trial.
According to court records, Mr. Albert all but ignored the many boxes of defense material concerning Mr. Fisher's case. The various other examples of his inept counsel included the failure to sufficiently challenge in the testimony of the state's central witness, the juvenile, now a man with a violent criminal record.
Mr. Fisher was convicted and sentenced to death, again. And, again, his conviction was overturned on grounds of ineffective counsel - faster this time, and by the Court of Criminal Appeals of Oklahoma.
His new lawyer, Mr. Hudson, succeeded in finally gaining Mr. Fisher's trust, but it was not easy. As the prospect of a third trial drew nearer, Mr. Fisher instructed his lawyer to seek a plea deal.
Last month the two sides ended the 28-year-old case. In addition to pleading guilty to first-degree murder, Mr. Fisher agreed to complete a comprehensive re-entry program in Montgomery, Ala., overseen by the Equal Justice Initiative, which helps indigent defendants and inmates who have been mistreated by the legal system. This nonprofit organization had long been familiar with Mr. Fisher's case.
One other thing: Mr. Fisher also agreed to get the hell out of Oklahoma forever.
The small red car, driven by Sophia Bernhardt, a lawyer for the Equal Justice Initiative, continued south on the interstate. Packed inside were several goodbye gifts, including a set of inexpensive luggage from Janet Davis, a lawyer with the Oklahoma Indigent Defense System, who had worked for Mr. Fisher's freedom for many years.
"He has certainly done his time," she said later. "He deserves to be free in the world."
Just short of the Texas border, Mr. Fisher and Ms. Bernhardt, who, at 31, was 5 when Mr. Fisher was first sentenced to death, stopped to eat at a Braum's Ice Cream store, where two men stared and talked loudly about his release. They drove on. And when they finally left Oklahoma, Mr. Fisher had this thought: "The past is over with."
At Dallas-Fort Worth International Airport, Ms. Bernhardt, who had to rush off to another case, entrusted Mr. Fisher and the car to her colleague Stanley Washington. The two men bought some takeout at a diner, spent the night at a budget hotel and, at 6:45 the next morning began the 16-hour drive to Montgomery.
Early in the ride, Mr. Washington rolled down the car windows to allow the hot Texas air to rush in. "Here's freedom blowing on you," he said, and he knew what he was talking about.
Mr. Washington, 60, was once sentenced to life without parole for various nonviolent drug-related crimes; he served 14 years in the Alabama prison system before being released in January 2009. Now, gently, he began to suggest ways for Mr. Fisher to make the best of what was before him: small goals; a day at a time; it will be all right.
They stopped for food at gas stations along the way. Mr. Fisher savored the various brands of root beer. He talked about the pet he had on death row, a mouse called Jasper. He noticed how lush the landscape became once they hit Louisiana, and how there were so many cars on the road at night, all of them so sleek, and forming uniform lines that said America never sleeps.
Mr. Fisher vented for a while about his banishment from Oklahoma. He asked Mr. Washington why they would do that, but seemed satisfied by Mr. Washington's answer of: Who cares?
It was 10:30 at night by the time the small red car pulled up to the Montgomery apartment where Mr. Fisher would start again. Home, Mr. Washington said, to which his passenger said something along the lines of, O.K.
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7) Flight Attendant's Tale Resonates, and Evolves
By JAMES BARRON
August 10, 2010
http://www.nytimes.com/2010/08/11/nyregion/11attendant.html?ref=nyregion
So who was that man who slid down the inflatable chute, beer in hand? Was he a folk hero, a real-life Howard Beale who found a way to channel his workaday frustrations? Or was he wrong to have his say on the intercom and then turn an expensive piece of airline equipment into a personal ejection device, probably in violation of federal regulations?
Steven Slater, 38, the JetBlue flight attendant who was the first person off a just-landed plane at Kennedy International Airport on Monday after a dispute with a passenger, has his fans. By midday Tuesday, when he remained in custody after a judge had set bail at $2,500, more than 30,000 Facebook users had indicated that they "liked" a page apparently set up as a tribute.
More than 30 had rallied around a "Steven Slater defense fund," and on eBay an artist was selling a portrait of Mr. Slater with the promise that the money, minus eBay's fees and taxes, would be donated to Mr. Slater. A "Steven Slater for president" group on Facebook had four members, the same number as one headed "Steven Slater is the best flight attendant ever."
Some fans had designed pro-Slater T-shirts. "Free Steven Slater," one read, while another said, "Take this job and slide it."
Around 9:30 p.m. Tuesday, Mr. Slater was released on bail amid a crowd of journalists who had gathered outside the jail barge in the South Bronx where he had been held. He appeared to be in good spirits, though dazed by the cameras' lights. When asked what he thought of the support expressed for him by the public, Mr. Slater said, "Greatly appreciated." He declined to comment on his time in custody, and made his way to a minivan.
Earlier Tuesday, at Mr. Slater's arraignment on felony charges of reckless endangerment and criminal mischief, his court-appointed lawyer took issue with elements of the story that had taken hold in the public imagination.
The lawyer, Howard Turman of the Legal Aid Society, said Mr. Slater had intervened with a passenger before the flight left Pittsburgh for New York. The woman had been squabbling with another passenger over access to the overhead luggage bins.
"The woman initially at Pittsburgh slammed the overhead into his head," Mr. Turman said of Mr. Slater.
A passenger, Gregory J. Kanczes, said he had noticed a large, fresh-looking gash on Mr. Slater's forehead when he boarded the plane.
"It wasn't bandaged," Mr. Kanczes said in a telephone interview. "He should have had a bandage."
That version of events differed from the account that the authorities had given on Monday, when they said Mr. Slater's main dispute with the passenger had come at the end of the flight as she stood too soon to retrieve her luggage. On Tuesday, law enforcement officials declined to identify the passenger or say if she had been interviewed. JetBlue said it would not release the passenger's name because of privacy rules.
Les Dorr Jr., a spokesman for the Federal Aviation Administration, said the agency was investigating the episode. Mr. Dorr would not say what the inquiry encompassed or whether the agency was looking into the passenger's behavior.
Standing to retrieve luggage before an aircraft has been parked at the gate is not a violation of federal regulations. But failing to follow a flight attendant's instructions - to sit back down, for example - is a violation, Mr. Dorr said.
For their part, Mr. Slater's fans said they did not have to fly a mile in his shoes to know what must have gone through his head.
"I've actually gone AWOL like that before," Guzo Conforti, a bartender in the East Village, said in an interview.
Mr. Conforti said it happened when he was working at a bar in Toronto. After the manager had just laid off 20 of the bar's 30 employees, 50 people attending a convention tumbled in, shouting drink orders. The one who set off Mr. Conforti had already had one too many. Mr. Conforti said no more whiskey. The man cursed him out.
"I didn't want to punch him, because I would get charged," Mr. Conforti said, "so I did something worse: I spat in his face."
And then, Mr. Conforti said, he quit.
Others, some of whom posted comments on the City Room blog of The New York Times, said they had kept their don't-get-me-started moments bottled up until they finally quit.
One talked about grabbing the microphone for the public-address system in a big-box chain store just after closing and denouncing the manager before leaving for the last time. A nurse said that on her last day on the job, she used the voice-mail system to send a message - "Goodbye to You," by the Veronicas - to all 5,000 people in the federal agency she worked for.
And then there were those who found ways to get even. A man who said he had worked as the assistant night manager in a grocery store told about quitting after being promised a raise that never came through. The same thing had happened to his boss at the same time.
"We proceeded to order full-pallet quantities for random products and hundreds of random items," the man said. "We did this over a period of about three weeks, putting in orders every several days."
"I'm sure we cost them more than the lack of promised pay," he added.
Another man said his brother's co-workers at a New Jersey service station took a Saturday off, leaving his brother alone at the pumps.
"After putting in more nozzles than he could hope to keep track of," the man said, "he lost it, and simply walked away from the station and the job. As far as I know, those cars are still there, with the hoses attached and the drivers waiting for the attendant to collect the money. And that was 44 years ago."
Kristina Alejandro, who works in the registration area of the New York Eye and Ear Infirmary at 310 East 14th Street, said she identified with the outburst on the plane.
Ms. Alejandro said her job in a crowded waiting room was like a flight attendant's, because she had to deal with irritated patients while the doctors, like the pilots, got the accolades.
"Patients are like, 'Thank you, doctor, you've been so great,' " she said, "but they never thank us."
Alan Hilfer, the chief psychologist at Maimonides Medical Center in Brooklyn, said Mr. Slater had "lived out a bunch of people's fantasies."
"There were lots of ways he could have dealt with it," Dr. Hilfer said, "but he did something that was larger than life. I don't agree with it. I don't think this is something people should think about doing. I don't think it was safe. I think he had options he didn't explore, but he was pushed in his own mind to the brink."
Reporting was contributed by C. J. Hughes, Mick Meenan, Christine Negroni, Andy Newman and M. Amedeo Tumolillo.
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8) California Unions Take Pay Protest to Movies
By DAVID STREITFELD
August 10, 2010
http://www.nytimes.com/2010/08/11/business/11furlough.html?ref=business
SAN FRANCISCO - State workers across the country have long complained about budget-cutting by way of furloughs and pay cuts. Now California's state employee unions are taking the fight to the wellspring of Gov. Arnold Schwarzenegger's popularity: the big screen.
The workers, scheduled by the governor to be on unpaid leave on Friday, say they will demonstrate outside theaters across the state showing the new action thriller "The Expendables," which features a rare cameo by the actor turned governor, who is likely to become an actor again when his term expires early next year.
"While state workers are being asked to do their job with less money, he is restoring his movie star status," said Jim Zamora, a spokesman for Service Employees International Union Local 1000. "It's another slap in the face."
Mr. Schwarzenegger and about 150,000 state workers are at loggerheads: he wants them to continue taking furloughs to help close the state's huge budget gap, while they are declining the honor of making such a sacrifice.
The service workers, the Association of California State Supervisors, the California Statewide Law Enforcement Association and other unions are suing to stop the furloughs. The cuts amount to a 15 percent reduction in pay.
Alameda County Superior Court Judge Steven A. Brick said Monday that the unions had raised "serious questions" about the governor's ability to order the unpaid vacations. Pending a resolution of the court case, Judge Brick canceled the furloughs.
Lawyers for the governor appealed the decision on Tuesday.
Whatever the outcome, state workers are trying to raise a little havoc with "The Expendables." The title alone is a gift from Hollywood, allowing the unions to post such declarations on their Web sites as, "Tell Arnold We're Not Expendable."
A demonstration on Aug. 3 during the premiere of "The Expendables" at Grauman's Chinese Theater in Hollywood forced Mr. Schwarzenegger to skip the red carpet and enter the building from the back, the service workers said.
The governor's spokesman, Aaron McLear, said Mr. Schwarzenegger often enters buildings from the back as a security measure. Mr. McLear said he had not heard of any demonstrations against the movie, but said that the state workers "are certainly free to do whatever they want."
From the evidence of its trailer, the Sylvester Stallone comeback vehicle employs every action movie cliché ("A job no one wanted is becoming a mission no one expected") and every aging action movie hero this side of Steven Seagal (Dolph Lundgren, Jet Li and Jason Statham, and Mr. Stallone himself).
The movie is expected to be a big commercial hit, not because of the governor. His role is uncredited.
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