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January 1, 12:00 Noon - Oscar Grant 5th annual vigil/celebration at Grant Station (Fruitvale BART Station)
https://www.facebook.com/events/588176761237297/?fref=tck
All Families of Love one killed by Gun Violence, Please bring an 8x10 photo and Love one favorite color balloon to be release.
Come meet us at the Grant Station for the 5th annual vigil/celebration for Oscar Grant to be held on New Year’s Day at the Grant Station (Fruitvale BART Station).
Join the Oscar Grant family on this Day of Remembrance!...
WE ARE ALL STILL OSCAR GRANT
SPEAK OUT:
• Family of murdered victims
• Artist
• Community Activist
LIVE Performances:
• Libation
• African-Native-Latino Ceremony
• Poetry, music, spoken word
• Candle lighting, Balloon Releasing
• Words of inspiration Min. Keith Muhammad
• RGB--Young Gifted and Black--Our Children
GUEST APPEARANCES:
Ryan Coogler -- Director of Fruitvale Station
Skyler Jett -- Preforming "Peace is the Answer"
http://www.youtube.com/watch?v=bl0zUwLoRzM
Taylor Burrise,
http://www.youtube.com/watch?v=xDIPnh9yl-o
Sabel
Rankin Scroo,
https://www.facebook.com/events/588176761237297/?ref_dashboard_filter=calendar
Kev Choice,
http://www.youtube.com/watch?v=bxELIiH4Q9Q#t=44
A.D.Burrise
Jasiri X -- Preforming
https://www.youtube.com/watch?v=-kvI1McyLPI#t=42
Ras Ceylon ", Ras Ceylon is an emcee, educator and organizer bringing revolutionary music, a hip-hop meets reggae dynamic and explosively conscious lyrics."
Sellassie Blackwell Lyrical, Positive Hip Hop. artist representing the Bay Area will be doing a tribute to Oscar Grant.
And many more artist to be announced
WHY:
1. We Are ALL STILL Oscar Grant
2. We should never forget
3. Release a balloon in the name of your Love one Killed
4. Come to embrace and Support all who have lost a Love one to Gun Violence
5. Show your Love to Oscar Grant daughter, Tatiana, now 8yrs old
Much Love from Tatiana and family of Oscar Grant, Hope to see you at the vigil!! "We Are All Still Oscar Grant".
There will be poetry, music, spoken word, candle lighting, Balloon releasing and speak out.
“Every tragedy represents an opportunity to move the agenda for justice forward.” We cannot forget and will not forget what happen on January 1, 2009 at 2:11 am. Join us in remembering and celebrating our martyr comrade brother, Oscar Grant. His life was taken to remind us that We Are All Oscar Grant.
It was the COMMUNITY that led to the resignation of Alameda County District Attorney Tom Orloff.
It was the COMMUNITY that led to the resignation of Bart Chief of Police, Chief Gee.
It was the COMMUNITY that led to the resignation of Bart General Manager, Dorothy Dugger.
It was the COMMUNITY that led to the resignation of police officer Johannes Mehserle.
It was the COMMUNITY that led to the Department of Justice to open a investigation of Civil Rights violation against the Bart Police.
It was the COMMUNITY that led the demonstration Downtown Oakland, making it known, "No Justice, No Peace".
It was the COMMUNITY that joined with the ILWU Local 10 to shutdown l the ports in Northern California.
It was the COMMUNITY that helped usher in the US 9th Circuit Court of Appeals establishing that using stun guns without an imminent threat of harm is unreasonable.
The COMMUNITY have made HISTORY, not VICTORY for the first time in 458 years of California History a officer was charged, arrested, convicted and sentenced to prison for killing a unarmed Black Man in the line of duty. Victory is when we have DESTROYED a racist criminal justice system and replaced with a true Freedom, Justice & Equality for ALL people!
Visit the Oscar Grant Committee at www.oscargrantcommittee.weebly.com.
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Urgent Update on Lynne Stewart
“HELP BRING ME HOME FOR THE HOLIDAYS” a life and death Appeal from renowned people’s attorney Lynne Stewart.
“Yet they refuse to act. While this is entirely within the range of their politics and their cruelty to hold political prisoners until we have days to live before releasing us – witness Herman Wallace of Angola and Marilyn Buck – we are fighting not to permit this and call for a BIG push.”
Lynne Stewart, FMC Carswell
Take Action between now and the New Year. Telephone and send emails or other messages to Federal Bureau of Prisons Director Charles E. Samuels, Jr. and Attorney General Eric Holder.
CHARLES E. SAMUELS, Jr., Director Federal Bureau of Prisons
(202) 307-3250 or 3062; info@bop.gov
ATTORNEY GENERAL ERIC HOLDER, U.S. Department of Justice
(202) 353-1555; AskDOJ@usdoj.gov
Contact U.S. Embassies and Consulates in nations throughout the world
LET US CREATE A TIDAL WAVE OF EFFORT INTERNATIONALLY. Together, we can prevent the bureaucratic murder of Lynne Stewart.
Notes:
In a new 237-page report entitled “A Living Death,” the American Civil Liberties Union documents unconstitutional practices permeating federal and state prisons in the United States.
Focused on life imprisonment without parole for minor offenses, the ACLU details conditions of 3,278 individual prisoners whose denial of release is deemed “a flagrant violation of the Eighth Amendment ban on cruel and unusual punishment” occurring on an increasing scale.
The ACLU labels the deliberate stonewalling as “willful,” a touchstone of Federal Bureau of Prisons and Department of Justice arrogance.
These
conclusions corroborate the findings of Human Rights Watch in 2012:
“The Answer is ‘No’: Too Little Compassionate Release in U.S. Prisons.”
The Report is definitive in exposing arbitrary and illegal conduct that infuses every facet of the treatment accorded Lynne Stewart:
“…the Bureau has usurped the role of the courts. In fact, it is fair to say the jailers are acting as judges. Congress intended the sentencing judge, not the BOP to determine whether a prisoner should receive a sentence reduction.”
Lynne Stewart’s medical findings show less than twelve months to live as stipulated by her oncologist at FMC Carswell.
The Federal Bureau Prisons has failed to file the legally required motion, declaring instead that the matter lies “with the Department of Justice.”
The Report is definitive in exposing arbitrary and illegal conduct that infuses every facet of the treatment accorded Lynne Stewart:
“…the Bureau has usurped the role of the courts. In fact, it is fair to say the jailers are acting as judges. Congress intended the sentencing judge, not the BOP to determine whether a prisoner should receive a sentence reduction.”
Lynne Stewart’s medical findings show less than twelve months to live as stipulated by her oncologist at FMC Carswell.
The Federal Bureau Prisons has failed to file the legally required motion, declaring instead that the matter lies “with the Department of Justice.”
Write to Lynne Stewart at:
Lynne Stewart #53504-054
Unit 2N, Federal Medical Center, Carswell
P.O. Box 27137
Fort Worth, TX 76127
Write to Lynne Stewart Defense Committee at:
Lynne Stewart Defense Committee
1070 Dean Street
Brooklyn, New York 11216
For further information: 718-789-0558
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PVT Chelsea Manning tells TIME Magazine what she's thankful for this year
For their special Thanksgiving edition, TIME Magazine asked WikiLeaks whistleblower PVT Chelsea Manning what she's thankful for this year. Her answer was published alongside those from Michelle Obama, Joe Biden, and 14 other well-known public figures. Her response, while demonstrating wisdom beyond her years, is one that many people who work for the betterment of society will appreciate:
"I’m usually hesitant to celebrate Thanksgiving Day. After all, the Puritans of the Massachusetts Bay Colony systematically terrorized and slaughtered the very same Pequot tribe that assisted the first English refugees to arrive at Plymouth Rock. So, perhaps ironically, I’m thankful that I know that, and I’m also thankful that there are people who seek out, and usually find, such truths. I’m thankful for people who, even surrounded by millions of Americans eating turkey during regularly scheduled commercial breaks in the Green Bay and Detroit football game; who, despite having been taught, often as early as five and six years old, that the “helpful natives” selflessly assisted the “poor helpless Pilgrims” and lived happily ever after, dare to ask probing, even dangerous, questions.
Such people are often nameless and humble, yet no less courageous. Whether carpenters of welders; retail clerks or bank managers; artists or lawyers, they dare to ask tough questions, and seek out the truth, even when the answers they find might not be easy to live with.
I’m also grateful for having social and human justice pioneers who lead through action, and by example, as opposed to directing or commanding other people to take action. Often, the achievements of such people transcend political, cultural, and generational boundaries. Unfortunately, such remarkable people often risk their reputations, their livelihood, and, all too often, even their lives.
Malcolm X began to openly embrace the idea, after an awakening during his travels to the Middle East and Africa, of an international and unifying effort to achieve equality, and was murdered after a tough, yearlong defection from the Nation of Islam. Martin Luther King Jr., after choosing to embrace the struggles of striking sanitation workers in Memphis over lobbying in Washington, D.C., was murdered by an escaped convict seeking fame and respect from white Southerners. Harvey Milk, the first openly gay politician in the U.S., was murdered by a jealous former colleague. These are only examples; I wouldn’t dare to make a claim that they represent an exhaustive list of remarkable pioneers of social justice and equality—certainly many if not the vast majority are unsung and, sadly, forgotten.
So, this year, and every year, I’m thankful for such people, and I’m thankful that one day—perhaps not tomorrow—because of the accomplishments of such truth-seekers and human rights pioneers, we can live together on this tiny “pale blue dot” of a planet and stop looking inward, at each other, but rather outward, into the space beyond this planet and the future of all of humanity.
For those who don't already know, PVT Chelsea Manning grew up in a conservative community in the Midwest. She suffered a dysfunctional home life, and she was bullied at school for being gay. She was even homeless for a period, working two part-time jobs to get by. She dreamed of one day going to college, and for this reason joined the Army at the age of 19. A few years later she realized she was not gay, but transgender; since she was in the Army, her only option was to hide her identity while working 14 hour days in a war zone. Through all these obstacles, she has remained committed to educating herself, asking the hard questions, and taking risks in the name of helping other people.
This year, we give thanks for PVT Manning's humanist idealism, her bravery, and her unyielding belief that through the work of dedicated individuals our society can and will be made more just. It is not only her actions, but also her unique individualism, that has inspired thousands of people around the world to action. We hope you'll join us in showing thanks for Chelsea by making a gift to ensure her legal appeals process is fully funded. 35 years is far too harsh a punishment for showing the public the truth.
Donate to Support the Legal Appeals
So far we've raised just over $16,000 of the $40,000 needed. Please help us meet our goal by Chelsea's birthday on December 17th.
Pvt. Chelsea Manning's fourth birthday in prison
“When
I chose to disclose classified information, I did so out of a love for
my country and a sense of duty to others.”-Pvt. Manning
|
On December 17, Private Chelsea Manning will turn 26.
It will be the fourth birthday this young Army whistle-blower has spent in prison.
Thanks to this brave soldier’s heroic actions, the public learned the following startling truths:
- Donald Rumsfeld and General Petraeus helped support torture in Iraq.
- Deliberate civilian killings by U.S. forces in Iraq and Afghanistan went unpunished.
- Thousands of civilian casualties were never acknowledged publicly.
- Most Guantanamo detainees were innocent.
“When I
chose to disclose classified information, I did so out of a love for my
country and a sense of duty to others.”-Pvt. Manning
See even more of What WikiLeaks revealed
While
some of these documents may demonstrate how much work lies ahead in
terms of securing international peace and justice, their release changed
the world for the better.
Private Manning’s actions showed people everywhere how citizens can use
the Internet to hold their governments accountable.
In Chelsea’s request for pardon from President Obama, she wrote:
“As the late Howard Zinn once said, ‘There is not a flag large enough to cover the shame of killing innocent people.’
Private Manning’s brave actions have set an example for us all.
Here are three important ways you can support Chelsea on her birthday:
1. Make a gift to the Private Manning Defense Fund. We are currently in the middle of a fund drive to raise $40,000 for her legal appeals and personal needs, including visits from family.
2. Send her a birthday message at:
PVT Bradley E Manning89289
1300 N Warehouse Rd
Ft Leavenworth KS 66027-2304
USA
Please note that regular letter paper must be used, as cardstock will be turned away.
However, you can easily print out your own card by searching for “free birthday templates” online.
3. Hold a
party with friends and neighbors to raise money for Chelsea’s legal
defense.
Whether a dinner party, cocktail party or concert, bringing people
together for an evening of education and socializing is a great way to
kindle some social consciousness and holiday spirit.
On each person's way out the door, you can ask them to add a personal
message on a joint birthday letter to Chelsea.
If you want your party to be public, send information about your event
to owen@bradleymanning.org
Help us continue to cover 100%
of Pvt. Manning's legal fees! Donate today.
https://co.clickandpledge.com/sp/d1/default.aspx?wid=38591
COURAGE TO RESIST
http://couragetoresist.org
484 Lake Park Ave #41, Oakland CA 94610
510-488-3559
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Bay Area United Against War Newsletter
Table of Contents:
A. ARTICLES IN FULL
B. EVENTS AND ACTIONS
C. SPECIAL APPEALS AND ONGOING CAMPAIGNS
D. VIDEO, FILM, AUDIO. ART, POETRY, ETC.
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A. ARTICLES IN FULL
(Unless otherwise noted)
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1) On Jammed Jets, Sardines Turn on One Another
By JAD MOUAWAD and MARTHA C. WHITE
December 22, 2013
http://www.nytimes.com/2013/12/23/business/on-jammed-jets-sardines-turn-on-one-another.html?hp=&adxnnl=1&adxnnlx=1387810850-ZlNIG4Yww8WUVudcJIVfpg
Flying coach can be a bruising experience these days.
Rory Rowland said he was rudely rebuffed after he asked the person in front of him not to recline his seat on a red-eye flight. When he later got up to use the bathroom, and the other passenger had fallen asleep, “I hip-checked his seat like you wouldn’t believe,” Mr. Rowland, a speaker and consultant, said, then feigned innocence when the enraged passenger complained to a flight attendant.
With air travelers increasingly feeling like packed sardines, flying has become a contact sport, nowhere more than over the reclined seat.
Now, it is only getting worse, as airlines re-examine every millimeter of the cabin.
Over the last two decades, the space between seats — hardly roomy before — has fallen about 10 percent, from 34 inches to somewhere between 30 and 32 inches. Today, some airlines are pushing it even further, leaving only a knee-crunching 28 inches.
To gain a little more space, airlines are turning to a new generation of seats that use lighter materials and less padding, moving the magazine pocket above the tray table and even reducing or eliminating the recline in seats. Some are even reducing the number of galleys and bathrooms.
Southwest, the nation’s largest domestic carrier, is installing seats with less cushion and thinner materials — a svelte model known in the business as “slim-line.” It also is reducing the maximum recline to two inches from three. These new seats allow Southwest to add another row, or six seats, to every flight — and add $200 million a year in newfound revenue.
“In today’s environment, the goal is to fit as many seats in the cabin as possible,” said Tom Plant, the general manager for seating products at B/E Aerospace, one of the top airplane seat makers. “We would all like more space on an aircraft, but we all like a competitive ticket price.”
Some carriers are taking the smush to new heights.
Spirit Airlines, for instance, uses seats on some flights with the backrest permanently set back three inches. Call it, as Spirit does, “prereclined.”
The low-cost airline started installing the seats in 2010, squeezing passengers into an industry low of 28 inches. While the Airbus A320 typically accommodates 150 passengers in coach, Spirit can pack 178.
And that is a good thing, Spirit says.
“Customers appreciate the fact that there is no longer interference from the seat in front of you moving up and down throughout the flight,” said Misty Pinson, a spokeswoman for Spirit.
Rick Seaney, the chief executive of FareCompare.com, said the airline business had changed in recent years, after airlines parked older planes and started flying with fewer empty seats. In the past five years, he said, carriers had cut capacity — the number of seats they fly — about 12 percent.
“The flip side is they can’t afford not to fill up their seats,” Mr. Seaney said. “This is a massive sea change.”
With so little space to haggle over, passengers have developed their own techniques for handling the crowded conditions.
“They jam their knee into the back of your seat as hard as they can, and they’ll do it repeatedly to see if they can get a reaction,” said Mick Brekke, a businessman who flies for work a few times a month. “That’s happened to me more than once, and that usually settles down after they realize I’m not going to put it back up.”
The passengers Mr. Brekke has encountered are not even the most extreme: Some have taken to using seat-jamming devices, known as knee guards, that prevent a seat in front from reclining. Airlines ban them, but they work, users say.
Smaller seats are not the only reason passengers feel more constricted these days. Travelers are also getting bigger. In the last four decades, the average American gained a little more than 20 pounds and his or her waist expanded about 2.5 inches, according to the Centers for Disease Control and Prevention. The dimensions of airplanes, however, have not changed and neither has the average width of a coach seat, which is 17 to 18 inches.
As the cabins grow more crowded, airlines say they are thinking only of their customers, trying to keep costs down. Jude Bricker, the senior vice president for planning at Allegiant, said the airline’s nonreclining seats have fewer moving parts and so require less maintenance, which means lower costs. This allows the airline to keep its fares low, he said.
“We are continually reminded from customers and their behavior that what they want most is convenient service with a low fare,” Mr. Bricker said.
Several budget carriers in Europe have also adopted stiff seats, including Ryanair and EasyJet. Air France, for its domestic flights, which never take more than an hour, has installed nonreclining seats where the magazine pocket has been moved above the tray table to provide more space in the critical area around the knees.
For passengers willing to pay more, of course, airlines offer more room. Business class remains an ultracompetitive market with constant innovation and comfortable amenities, like seats that recline fully. Airlines are also increasingly offering several rows of coach seats with more legroom — also at an extra price.
Still, the squeeze is on for most passengers in coach. On a flight from Washington to Frankfurt last year, Odysseas Papadimitriou, the chief executive of WalletHub.com, a personal finance social network, was challenged by a tall passenger seated behind him when he reclined his seat. “He was like, ‘Hey, watch it, buddy. I don’t fit here with you reclining the seat,’ ” he said.
Mr. Papadimitriou called the flight attendant to mediate the dispute and eventually tilted his seat back, but the price he paid to recline was a fitful night’s sleep, as the other passenger grumbled and pushed against the back of his seat for the rest of the flight.
There are ways of resolving conflicts other than bumping into other passengers, as Mr. Rowland, the speaker and consultant, found. “I lean forward and tap them on the shoulder and say, ‘I’ll buy you a drink if you don’t push your seat back,’ ” Mr. Rowland said. “It’s made flying very pleasant.”
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2) Amid Steady Deportation, Fear and Worry Multiply Among Immigrants
By JULIA PRESTON
NEW ORLEANS — Karen Sandoval’s promising life in this city fell apart in one day last summer when she went to buy school supplies for her two daughters.
Ms. Sandoval, a Honduran immigrant here illegally, was riding with the man her girls have always called their father. Immigration agents, seeing a dilapidated car, pulled them over. They released Ms. Sandoval but detained her partner, a Nicaraguan also here illegally, and he was soon deported.
Now Ms. Sandoval, 28, is grieving her loss and scrambling to support her children without her partner, Enrique Morales, and the income from his thriving flooring business. She sees no future for the girls, who are both American citizens, in her home country or his. So Ms. Sandoval is facing the possibility that she may never see Mr. Morales again.
“It is very difficult to explain to two little girls that Daddy will not be with us anymore,” Ms. Sandoval said.
Since taking office, President Obama has deported more than 1.9 million foreigners, immigration officials announced last week, a record for an American president. The officials said they focused on removing criminals, serious immigration offenders and recent border crossers, with 98 percent of deportees in 2013 in those groups, while sparing workers and their families. Mr. Obama is also pressing for an overhaul of immigration laws with a path to citizenship for those here illegally.
But immigrant leaders say the enforcement has a broad impact on their communities, with deportations still separating bread-winning parents from children and unauthorized immigrants from family members here legally, including American citizens.
Administration officials say the deportation numbers — more than 368,000 this fiscal year — are driven by a congressional requirement that more than 30,000 immigrants be detained daily. They acknowledge that the lines are becoming harder to draw between high-priority violators and those with strong family ties.
For immigrants, the steady deportations have compounded their frustration with Congress, where the House took no action this year after the Senate passed a bipartisan overhaul bill in June. Increasingly advocates are turning their pressure on the president, saying he should use his executive powers to halt removals.
A 24-year-old South Korean, Ju Hong, brought attention to those demands when he repeatedly interrupted Mr. Obama during a speech in San Francisco last month, calling on him to stop deportations of all unauthorized immigrants in the country. In recent days, anti-deportation protesters blocked entrances to immigration detention centers in southwestern Ohio, Northern Virginia and downtown Los Angeles, with more than two dozen people arrested.
In New Orleans, street sweeps by Immigration and Customs Enforcement agents this year also led to a protest. On Nov. 14, nearly two dozen demonstrators, including 14 immigrants without legal status, tied up midday traffic at one of the city’s busiest intersections for nearly three hours until the local police arrested them.
“Our people feel they can’t go to the store to buy food or walk their children to school,” said Santos Alvarado, 51, a Honduran construction worker who joined the protest here even though he has legal papers. “We couldn’t be quiet any longer.”
Many immigrants here have been stunned by the arrests, in which some people seemed to be stopped based solely on their Latino appearance, because they had been living here uneventfully since they came in the chaotic days after Hurricane Katrina in 2005 to work on reconstruction.
One of those workers, Jimmy Barraza, was unloading a carful of groceries on Aug. 16 when agents pulled up with pistols drawn, handcuffing him as well as his teenage son, a United States citizen. A mobile fingerprint check of Mr. Barraza, who is also Honduran, revealed an old court order for his deportation.
Mr. Barraza, 28, won release from detention but is still fighting to remain. His wife is a longtime legal immigrant, and he has two other younger children who are American citizens.
“If they deport me,” he said, “who will keep my son in line? Who will support my family?”
Another Honduran, Irma Lemus, was packing fishing rods for a day on the bayou when cruising immigration agents spotted her family and stopped. A fingerprint check revealed that Ms. Lemus, too, had a deportation order.
“They handcuffed me in front of my children,” she recalled, speaking of a son who is 2 and a daughter who is 4.
After she spent 18 days in jail, lawyers won her release with an ankle monitor while immigration prosecutors weigh their options.
Ms. Lemus, 35, had steady work here cleaning hotels and a stable family, including a Honduran son, Joseph, who is 9 and in treatment for an eye disease, and her younger children who are American-born citizens. So she might be eligible for prosecutorial discretion, a policy the Obama administration has applied extensively to suspend deportations.
But although Ms. Lemus — like Mr. Morales, Mr. Barraza and many other illegal immigrants — had no criminal history, she did have a civil immigration record because of an earlier brush with enforcement authorities. She had failed to appear at a court hearing after she was stopped in 2006 crossing the southwest border. The judge’s order gave agents the authorization to deport her speedily.
Taking her children to Honduras, with its rampant gang violence and poor medical care, is not an option Ms. Lemus wishes to consider. So they live in anxiety that she could leave them any day.
“I think it would be so sad for all of my family,” her son Joseph said.
Many Republicans say Mr. Obama is deporting too few illegal immigrants. Robert Goodlatte, the chairman of the House Judiciary Committee, said the figures published last week, showing a 10 percent decrease from 2012, were “just more evidence that the Obama administration refuses to enforce our immigration laws.”
Administration officials said removal numbers were determined by a requirement, included by Congress in the immigration agency’s appropriations, to fill a daily average of about 34,000 beds in detention facilities. The mandate, which is closely monitored by oversight committees, amounts to about 400,000 removals a year.
“We are fulfilling the mandate,” John Sandweg, the acting director of Immigration and Customs Enforcement, said in an interview. “We want to fill the beds with the right people, that is, public safety and national security threats and individuals we are required by law to detain.”
But he noted that agents were encountering many immigrants who fit those priorities but also had family connections that could make them eligible to stay by prosecutorial discretion.
“Many of these cases are very complex and not cut-and-dry,” Mr. Sandweg said.
In New Orleans, administration officials said, the immigration agency halted some operations after the protest. They had been part of an anti-gang campaign with the local police. But random stops of Latinos were not consistent with the agency’s guidelines, the officials said.
Saket Soni, the executive director of the New Orleans Workers’ Center for Racial Justice, said deportations had picked up again in recent days.
“If Congress doesn’t act, another 400,000 people will be deported,” said Mr. Soni, whose group helped organize the protest. “This suffering has to stop.”
Advocates argue that Mr. Obama could expand reprieves he gave to young undocumented immigrants last year. But White House officials say the only solution is for Congress to pass a path to citizenship. Cecilia Muñoz, the director of the Domestic Policy Council, said in an interview that Mr. Obama did not have the legal authority for a wholesale curb on deportations. “There are not sufficient tools in his toolbox to address the heart of this problem,” she said.
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3) U.S. Flouts Its Own Advice in Procuring Overseas Clothing
By IAN URBINA
WASHINGTON
— One of the world’s biggest clothing buyers, the United States
government spends more than $1.5 billion a year at factories overseas,
acquiring everything from the royal blue shirts worn by airport security
workers to the olive button-downs required for forest rangers and the
camouflage pants sold to troops on military bases.
But even though the Obama administration has called on Western buyers to use their purchasing power to push for improved industry working conditions after several workplace disasters over the last 14 months, the American government has done little to adjust its own shopping habits.
Labor Department officials say that federal agencies have a “zero tolerance” policy on using overseas plants that break local laws, but American government suppliers in countries including Bangladesh, the Dominican Republic, Haiti, Mexico, Pakistan and Vietnam show a pattern of legal violations and harsh working conditions, according to audits and interviews at factories. Among them: padlocked fire exits, buildings at risk of collapse, falsified wage records and repeated hand punctures from sewing needles when workers were pushed to hurry up.
In Bangladesh, shirts with Marine Corps logos sold in military stores were made at DK Knitwear, where child laborers made up a third of the work force, according to a 2010 audit that led some vendors to cut ties with the plant. Managers punched workers for missed production quotas, and the plant had no functioning alarm system despite previous fires, auditors said. Many of the problems remain, according to another audit this year and recent interviews with workers.
In Chiang Mai, Thailand, employees at the Georgie & Lou factory, which makes clothing sold by the Smithsonian Institution, said they were illegally docked over 5 percent of their roughly $10-per-day wage for any clothing item with a mistake. They also described physical harassment by factory managers and cameras monitoring workers even in bathrooms.
At Zongtex Garment Manufacturing in Phnom Penh, Cambodia, which makes clothes sold by the Army and Air Force, an audit conducted this year found nearly two dozen under-age workers, some as young as 15. Several of them described in interviews with The New York Times how they were instructed to hide from inspectors.
“Sometimes people soil themselves at their sewing machines,” one worker said, because of restrictions on bathroom breaks.
Federal agencies rarely know what factories make their clothes, much less require audits of them, according to interviews with procurement officials and industry experts. The agencies, they added, exert less oversight of foreign suppliers than many retailers do. And there is no law prohibiting the federal government from buying clothes produced overseas under unsafe or abusive conditions.
“It doesn’t exist for the exact same reason that American consumers still buy from sweatshops,” said Daniel Gordon, a former top federal procurement official who now works at George Washington University Law School. “The government cares most about getting the best price.”
Frank Benenati, a spokesman for the Office of Management and Budget, which oversees much of federal procurement policy, said the administration has made progress in improving oversight, including an executive order last year tightening rules against federal suppliers using factories that rely on debt bondage or other forms of forced labor.
“The administration is committed to ensuring that our government is doing business only with contractors who place a premium on integrity and good business ethics,” he said.
Labor and State Department officials have encouraged retailers to participate in strengthening rules on factory conditions in Bangladesh — home to one of the largest and most dangerous garment industries. But defense officials this month helped kill a legislative measure that would have required military stores, which last year made more than $485 million in profit, to comply with such rules because they said the $500,000 annual cost was too expensive.
Federal spending on garments overseas does not reach that of Walmart, the world’s biggest merchandiser, which spends more than $1 billion a year just in Bangladesh, or Zara, the Spanish apparel seller, but it still is in a top tier that includes H & M, the trendy fashion business based in Sweden, Eddie Bauer and Lands’ End, sellers of outerwear and other clothing.
Like most retail brands, American agencies typically do not order clothes directly from factories. They rely on contractors. This makes it challenging for agencies to track their global supply chain, with layers of middlemen, lax oversight by other governments, few of their own inspectors overseas and little means of policing factories that farm out work to other plants without the clients’ knowledge. When retailers, labor groups or others inspect these factories, the audits often understate problems because managers regularly coach workers and doctor records.
The United States government, though, faces special pressures. Its record on garment contracting demonstrates the tensions between its low-bid procurement practices and high-road policy objectives on labor and human rights issues.
The Obama administration, for example, has favored free-trade agreements to spur development in poor countries by cultivating low-skill, low-overhead jobs like those in the cut-and-sew industry. The removal of trade barriers has also driven prices down by making it easier for retailers to decamp from one country to the next in the hunt for cheap labor. Most economists say that these savings have directly benefited consumers, including institutional buyers like the American government. But free-trade zones often lack effective methods for ensuring compliance with local labor laws, and sometimes accelerate a race to the bottom in terms of wages.
Along a dirt road in Gazipur, about 25 miles north of the Bangladeshi capital, riot police fired tear gas shells, rubber bullets and sound grenades in a fierce clash with garment workers last month, sending scores to the hospital. The protesters demanding better conditions included some from a factory called V & R Fashions. In July, auditors rated that factory as “needs improvement” because workers’ pay was illegally docked for minor infractions and the building was unsafe, illegally constructed and not intended for industrial use.
Unsafe and Repressive
Like dozens of other factories in the area, V & R makes clothes for the American government, which is constantly prowling for the best deals. In interviews, workers at a half-dozen of these suppliers described the effect of such cost pressures.
At Manta Apparels, for example, which makes uniforms for the General Services Administration, employees said beatings are common and fire exits are kept chained except when auditors visit. The local press has described Manta as one of the most repressive factories in the country. A top labor advocate, Aminul Islam, was organizing there in 2010 when he was first arrested by the police and tortured. In April 2012, he was found dead, a hole drilled below his right knee and his ankles crushed.
Several miles from Manta, 40 women from another supplier, Coast to Coast, gathered late one night to avoid being seen publicly talking to a reporter. Dressed in burqas, the women said that prices of the clothing they make for sale on American military bases are now so cheap that managers try to save money by pushing them to speed up production. In the rush, workers routinely burn themselves with irons, they said, often requiring hospitalizations.
Work does not stop, they said, when it rain pours through a six-foot crack in the ceiling of the top floor of the factory — a repurposed apartment building with two extra floors added illegally to increase capacity. Even after the manager swipes their timecards, they say, he orders them to keep sewing.
While giving a tour of the plant, the manager described the building crack as inconsequential and too expensive to repair. He denied the workers’ other allegations. The owner of Manta declined to comment.
Conditions like those are possible partly because American government agencies usually do not know which factories supply their goods or are reluctant to reveal them. Soon after a fire killed at least 112 people at the Tazreen Fashions factory in Bangladesh in November 2012, several members of Congress asked various agencies for factory addresses. Of the seven agencies her office contacted, Representative Carolyn Maloney, Democrat of New York, said only the Department of the Interior turned over its list.
Over the summer, military officials told Representative George Miller, Democrat of California, that order forms for apparel with Marine Corps logos had been discovered in Tazreen’s charred remains but that the corps had ties to no other Bangladeshi factories. Several weeks later, the officials said they were mistaken and had discovered a half-dozen or so other factories producing unauthorized Marine Corps apparel. On Sunday, the owners of Tazreen and 11 employees were charged with culpable homicide.
President Obama has long pushed for more transparency in procurement. As a senator, he sponsored legislation in 2006 creating the website USASpending.gov, which open-government advocates say has made it far easier to track federal contracting. However, procurement experts fault the website for requiring agencies to name their contractors, but not identifying the specific factories doing the work. Some states and cities already require companies to disclose that information before awarding them public contracts, said Bjorn Skorpen Claeson, senior policy analyst at the International Labor Rights Forum.
Federal officials still have to navigate a tangle of rules. Defense officials, for instance, who spend roughly $2 billion annually on military uniforms, are required by a World War II-era rule called the Berry Amendment to have most of them made in the United States. In recent years, Congress has pressured defense officials to cut costs on uniforms. Increasingly, the department has turned to federal prisons, where wages are under $2 per hour. Federal inmates this year stitched more than $100 million worth of military uniforms.
No sooner had the Transportation Security Administration, or T.S.A., signed a $50 million contract in February for new uniforms for its 50,000 airport security agents and other workers, than the agency was attacked from all sides.
Union officials, opposed to outsourcing work overseas, objected because the Mexican plant making the clothing, VF Imagewear Matamoros, was the same one that had treated uniforms with chemicals that caused rashes in hundreds of T.S.A. agents. Congress called an oversight hearing, where some lawmakers questioned why two-thirds of the uniforms would be made in foreign factories, saying the deal was a missed chance to stimulate domestic job growth. Other lawmakers faulted the agency for spending too much money on clothing, especially on the cusp of a federal budget crisis, no matter where the merchandise was made.
“Bottom line,” John W. Halinski, T.S.A. deputy administrator, told Congress, “we go for the lowest-cost uniform, sir.”
The hunt for lower costs and the expansion of free-trade pacts have meant that more of this work is being done abroad, often in poor countries where the Obama administration is trying to spur competition and development.
In Haiti, for instance, trucks loaded with camouflage pants, shirts and jackets, some of them destined for American military bases, idle in front of a factory called BKI.
By Meridith Kohut
While the Dominican manager of a garment factory in Codevi says the industry is helping improve lives, a worker says conditions are bad for people like him.
Next year, BKI managers hope to double the amount of camouflage clothing made for the American government, part of a contract worth more than $30 million between a division of Propper International, a Missouri-based uniform company, and the General Services Administration, which outfits workers for more than a dozen federal agencies.
Three years ago, much of this camouflage clothing was made in Puerto Rico, where workers earned the minimum wage of about $7.25 an hour. By 2011, many of these jobs moved to a factory in the Dominican Republic called Suprema. Wages there were about 80 cents per hour and unpaid overtime was routine, according to workers in recent interviews and a 2010 audit. Since then, most of these jobs have migrated again, this time to BKI in a Haitian free-trade zone called Codevi. Average hourly wages at BKI are about 8 cents less per hour than those at Suprema, according to workers.
Standing near the factory entrance, several BKI workers said they were proud of the clothes they made for the American government. “We push hard because we know they expect better,” said Rodley Charles, 29, a quality inspector at the factory.
But there is basic math: the average pay of 72 cents per hour (which is illegal and below Haiti’s minimum wage) barely covers food and rent, said Mr. Charles, who has since quit, and two other BKI workers.
These wage pressures may soon intensify. Codevi will soon face new competition from another industrial park called Caracol, which is being built partly with money from the United States Agency for International Development as part of reconstruction efforts after the earthquake of 2010.
American officials predict that Caracol will eventually create 60,000 new jobs. Current wages there? About 57 cents per hour, or roughly 15 cents less than typical wages at Codevi.
Big Business
At a military store in Bethesda, Md., Tori Novo smiled as she looked over a pair of $19.99 children’s cargo pants made in Bangladesh that sell for $39 in most department stores. The best part of living on base, said Ms. Novo, a 31-year-old Navy recruiter, was “savings like these.”
Known as exchanges, these big-box stores on military bases around the world offer a guarantee: to beat or match any price from rivals. That promise puts the exchanges in direct competition with the deep discounts offered by stores like Gap and Target. It also adds to already intense pressure to lower costs by using the cheapest factories, industry analysts say.
These stores, run by the Defense Department, do big business, selling more than $1 billion a year in apparel alone. Exempt from the Berry Amendment, the exchanges get more than 90 percent of their clothes from factories outside the United States, according to industry estimates. The profits from these tax-free stores mostly go toward entertainment services like golf courses, gyms and bowling alleys on bases.
Though the Government Accountability Office criticized the exchanges over a decade ago for exerting less oversight than private retailers and for failing to independently monitor their overseas suppliers, little has improved.
The Marine Corps and Navy still do not require audits of these factories. The Air Force and Army exchanges do, but the audits can come from retailers, and defense officials fail to do routine spot checks to confirm their accuracy.
For example, Citadel Apparels, a factory in a seven-story building in Gazipur, has cut, stitched and shipped more than 11 metric tons of cotton boys’ T-shirts and other clothes for sale at exchanges on Army and Air Force bases in recent months. This summer, lawmakers in Congress asked the Defense Department for proof that Citadel was safe. Defense officials produced an audit conducted for Walmart, another client of the factory, showing that it had an “orange” risk ranking in July 2012, the same high level of alarm that Walmart had given the Tazreen factory before the fatal fire there last year.
While allowing the factory to stay open, the audit offered an alarming statistical snapshot.
Sixty-five percent: number of workers barefoot, some on the building’s roof. Fifty percent: workers without legally required masks to protect against cotton dust. Sixteen percent: workers missing time-sheets, a common sign of forced overtime. Most serious infractions: cracks in the walls that could compromise the building, and partly blocked exit routes and stairwells.
By January, Citadel’s auditors concluded that most of these dangers had been fixed. However, a half-dozen Citadel workers offered a starkly different picture. Virtually none of the original problems had ever been corrected, they said in interviews last month with The Times.
“We aren’t sewing machines,” one worker said. “Our lives are worth more.”
For now, Bangladesh’s garment sector continues to grow, as do purchases from one of its bulk buyers. In the year since Tazreen burned down, American military stores have shipped even more clothes from Bangladesh.
Ian Urbina reported from Bangladesh and Washington. Research was contributed by Susan Beachy in New York, Poypiti Amatatham in Bangkok, Karla Zabludovsky in Mexico City, Malavika Vyawahare in New Delhi and Meridith Kohut in Ouanaminthe, Haiti.
But even though the Obama administration has called on Western buyers to use their purchasing power to push for improved industry working conditions after several workplace disasters over the last 14 months, the American government has done little to adjust its own shopping habits.
Labor Department officials say that federal agencies have a “zero tolerance” policy on using overseas plants that break local laws, but American government suppliers in countries including Bangladesh, the Dominican Republic, Haiti, Mexico, Pakistan and Vietnam show a pattern of legal violations and harsh working conditions, according to audits and interviews at factories. Among them: padlocked fire exits, buildings at risk of collapse, falsified wage records and repeated hand punctures from sewing needles when workers were pushed to hurry up.
In Bangladesh, shirts with Marine Corps logos sold in military stores were made at DK Knitwear, where child laborers made up a third of the work force, according to a 2010 audit that led some vendors to cut ties with the plant. Managers punched workers for missed production quotas, and the plant had no functioning alarm system despite previous fires, auditors said. Many of the problems remain, according to another audit this year and recent interviews with workers.
In Chiang Mai, Thailand, employees at the Georgie & Lou factory, which makes clothing sold by the Smithsonian Institution, said they were illegally docked over 5 percent of their roughly $10-per-day wage for any clothing item with a mistake. They also described physical harassment by factory managers and cameras monitoring workers even in bathrooms.
At Zongtex Garment Manufacturing in Phnom Penh, Cambodia, which makes clothes sold by the Army and Air Force, an audit conducted this year found nearly two dozen under-age workers, some as young as 15. Several of them described in interviews with The New York Times how they were instructed to hide from inspectors.
“Sometimes people soil themselves at their sewing machines,” one worker said, because of restrictions on bathroom breaks.
Federal agencies rarely know what factories make their clothes, much less require audits of them, according to interviews with procurement officials and industry experts. The agencies, they added, exert less oversight of foreign suppliers than many retailers do. And there is no law prohibiting the federal government from buying clothes produced overseas under unsafe or abusive conditions.
“It doesn’t exist for the exact same reason that American consumers still buy from sweatshops,” said Daniel Gordon, a former top federal procurement official who now works at George Washington University Law School. “The government cares most about getting the best price.”
Frank Benenati, a spokesman for the Office of Management and Budget, which oversees much of federal procurement policy, said the administration has made progress in improving oversight, including an executive order last year tightening rules against federal suppliers using factories that rely on debt bondage or other forms of forced labor.
“The administration is committed to ensuring that our government is doing business only with contractors who place a premium on integrity and good business ethics,” he said.
Labor and State Department officials have encouraged retailers to participate in strengthening rules on factory conditions in Bangladesh — home to one of the largest and most dangerous garment industries. But defense officials this month helped kill a legislative measure that would have required military stores, which last year made more than $485 million in profit, to comply with such rules because they said the $500,000 annual cost was too expensive.
Federal spending on garments overseas does not reach that of Walmart, the world’s biggest merchandiser, which spends more than $1 billion a year just in Bangladesh, or Zara, the Spanish apparel seller, but it still is in a top tier that includes H & M, the trendy fashion business based in Sweden, Eddie Bauer and Lands’ End, sellers of outerwear and other clothing.
Like most retail brands, American agencies typically do not order clothes directly from factories. They rely on contractors. This makes it challenging for agencies to track their global supply chain, with layers of middlemen, lax oversight by other governments, few of their own inspectors overseas and little means of policing factories that farm out work to other plants without the clients’ knowledge. When retailers, labor groups or others inspect these factories, the audits often understate problems because managers regularly coach workers and doctor records.
The United States government, though, faces special pressures. Its record on garment contracting demonstrates the tensions between its low-bid procurement practices and high-road policy objectives on labor and human rights issues.
The Obama administration, for example, has favored free-trade agreements to spur development in poor countries by cultivating low-skill, low-overhead jobs like those in the cut-and-sew industry. The removal of trade barriers has also driven prices down by making it easier for retailers to decamp from one country to the next in the hunt for cheap labor. Most economists say that these savings have directly benefited consumers, including institutional buyers like the American government. But free-trade zones often lack effective methods for ensuring compliance with local labor laws, and sometimes accelerate a race to the bottom in terms of wages.
Along a dirt road in Gazipur, about 25 miles north of the Bangladeshi capital, riot police fired tear gas shells, rubber bullets and sound grenades in a fierce clash with garment workers last month, sending scores to the hospital. The protesters demanding better conditions included some from a factory called V & R Fashions. In July, auditors rated that factory as “needs improvement” because workers’ pay was illegally docked for minor infractions and the building was unsafe, illegally constructed and not intended for industrial use.
Unsafe and Repressive
Like dozens of other factories in the area, V & R makes clothes for the American government, which is constantly prowling for the best deals. In interviews, workers at a half-dozen of these suppliers described the effect of such cost pressures.
At Manta Apparels, for example, which makes uniforms for the General Services Administration, employees said beatings are common and fire exits are kept chained except when auditors visit. The local press has described Manta as one of the most repressive factories in the country. A top labor advocate, Aminul Islam, was organizing there in 2010 when he was first arrested by the police and tortured. In April 2012, he was found dead, a hole drilled below his right knee and his ankles crushed.
Several miles from Manta, 40 women from another supplier, Coast to Coast, gathered late one night to avoid being seen publicly talking to a reporter. Dressed in burqas, the women said that prices of the clothing they make for sale on American military bases are now so cheap that managers try to save money by pushing them to speed up production. In the rush, workers routinely burn themselves with irons, they said, often requiring hospitalizations.
Work does not stop, they said, when it rain pours through a six-foot crack in the ceiling of the top floor of the factory — a repurposed apartment building with two extra floors added illegally to increase capacity. Even after the manager swipes their timecards, they say, he orders them to keep sewing.
While giving a tour of the plant, the manager described the building crack as inconsequential and too expensive to repair. He denied the workers’ other allegations. The owner of Manta declined to comment.
Conditions like those are possible partly because American government agencies usually do not know which factories supply their goods or are reluctant to reveal them. Soon after a fire killed at least 112 people at the Tazreen Fashions factory in Bangladesh in November 2012, several members of Congress asked various agencies for factory addresses. Of the seven agencies her office contacted, Representative Carolyn Maloney, Democrat of New York, said only the Department of the Interior turned over its list.
Over the summer, military officials told Representative George Miller, Democrat of California, that order forms for apparel with Marine Corps logos had been discovered in Tazreen’s charred remains but that the corps had ties to no other Bangladeshi factories. Several weeks later, the officials said they were mistaken and had discovered a half-dozen or so other factories producing unauthorized Marine Corps apparel. On Sunday, the owners of Tazreen and 11 employees were charged with culpable homicide.
President Obama has long pushed for more transparency in procurement. As a senator, he sponsored legislation in 2006 creating the website USASpending.gov, which open-government advocates say has made it far easier to track federal contracting. However, procurement experts fault the website for requiring agencies to name their contractors, but not identifying the specific factories doing the work. Some states and cities already require companies to disclose that information before awarding them public contracts, said Bjorn Skorpen Claeson, senior policy analyst at the International Labor Rights Forum.
Federal officials still have to navigate a tangle of rules. Defense officials, for instance, who spend roughly $2 billion annually on military uniforms, are required by a World War II-era rule called the Berry Amendment to have most of them made in the United States. In recent years, Congress has pressured defense officials to cut costs on uniforms. Increasingly, the department has turned to federal prisons, where wages are under $2 per hour. Federal inmates this year stitched more than $100 million worth of military uniforms.
No sooner had the Transportation Security Administration, or T.S.A., signed a $50 million contract in February for new uniforms for its 50,000 airport security agents and other workers, than the agency was attacked from all sides.
Union officials, opposed to outsourcing work overseas, objected because the Mexican plant making the clothing, VF Imagewear Matamoros, was the same one that had treated uniforms with chemicals that caused rashes in hundreds of T.S.A. agents. Congress called an oversight hearing, where some lawmakers questioned why two-thirds of the uniforms would be made in foreign factories, saying the deal was a missed chance to stimulate domestic job growth. Other lawmakers faulted the agency for spending too much money on clothing, especially on the cusp of a federal budget crisis, no matter where the merchandise was made.
“Bottom line,” John W. Halinski, T.S.A. deputy administrator, told Congress, “we go for the lowest-cost uniform, sir.”
The hunt for lower costs and the expansion of free-trade pacts have meant that more of this work is being done abroad, often in poor countries where the Obama administration is trying to spur competition and development.
In Haiti, for instance, trucks loaded with camouflage pants, shirts and jackets, some of them destined for American military bases, idle in front of a factory called BKI.
By Meridith Kohut
While the Dominican manager of a garment factory in Codevi says the industry is helping improve lives, a worker says conditions are bad for people like him.
Next year, BKI managers hope to double the amount of camouflage clothing made for the American government, part of a contract worth more than $30 million between a division of Propper International, a Missouri-based uniform company, and the General Services Administration, which outfits workers for more than a dozen federal agencies.
Three years ago, much of this camouflage clothing was made in Puerto Rico, where workers earned the minimum wage of about $7.25 an hour. By 2011, many of these jobs moved to a factory in the Dominican Republic called Suprema. Wages there were about 80 cents per hour and unpaid overtime was routine, according to workers in recent interviews and a 2010 audit. Since then, most of these jobs have migrated again, this time to BKI in a Haitian free-trade zone called Codevi. Average hourly wages at BKI are about 8 cents less per hour than those at Suprema, according to workers.
Standing near the factory entrance, several BKI workers said they were proud of the clothes they made for the American government. “We push hard because we know they expect better,” said Rodley Charles, 29, a quality inspector at the factory.
But there is basic math: the average pay of 72 cents per hour (which is illegal and below Haiti’s minimum wage) barely covers food and rent, said Mr. Charles, who has since quit, and two other BKI workers.
These wage pressures may soon intensify. Codevi will soon face new competition from another industrial park called Caracol, which is being built partly with money from the United States Agency for International Development as part of reconstruction efforts after the earthquake of 2010.
American officials predict that Caracol will eventually create 60,000 new jobs. Current wages there? About 57 cents per hour, or roughly 15 cents less than typical wages at Codevi.
Big Business
At a military store in Bethesda, Md., Tori Novo smiled as she looked over a pair of $19.99 children’s cargo pants made in Bangladesh that sell for $39 in most department stores. The best part of living on base, said Ms. Novo, a 31-year-old Navy recruiter, was “savings like these.”
Known as exchanges, these big-box stores on military bases around the world offer a guarantee: to beat or match any price from rivals. That promise puts the exchanges in direct competition with the deep discounts offered by stores like Gap and Target. It also adds to already intense pressure to lower costs by using the cheapest factories, industry analysts say.
These stores, run by the Defense Department, do big business, selling more than $1 billion a year in apparel alone. Exempt from the Berry Amendment, the exchanges get more than 90 percent of their clothes from factories outside the United States, according to industry estimates. The profits from these tax-free stores mostly go toward entertainment services like golf courses, gyms and bowling alleys on bases.
Though the Government Accountability Office criticized the exchanges over a decade ago for exerting less oversight than private retailers and for failing to independently monitor their overseas suppliers, little has improved.
The Marine Corps and Navy still do not require audits of these factories. The Air Force and Army exchanges do, but the audits can come from retailers, and defense officials fail to do routine spot checks to confirm their accuracy.
For example, Citadel Apparels, a factory in a seven-story building in Gazipur, has cut, stitched and shipped more than 11 metric tons of cotton boys’ T-shirts and other clothes for sale at exchanges on Army and Air Force bases in recent months. This summer, lawmakers in Congress asked the Defense Department for proof that Citadel was safe. Defense officials produced an audit conducted for Walmart, another client of the factory, showing that it had an “orange” risk ranking in July 2012, the same high level of alarm that Walmart had given the Tazreen factory before the fatal fire there last year.
While allowing the factory to stay open, the audit offered an alarming statistical snapshot.
Sixty-five percent: number of workers barefoot, some on the building’s roof. Fifty percent: workers without legally required masks to protect against cotton dust. Sixteen percent: workers missing time-sheets, a common sign of forced overtime. Most serious infractions: cracks in the walls that could compromise the building, and partly blocked exit routes and stairwells.
By January, Citadel’s auditors concluded that most of these dangers had been fixed. However, a half-dozen Citadel workers offered a starkly different picture. Virtually none of the original problems had ever been corrected, they said in interviews last month with The Times.
“We aren’t sewing machines,” one worker said. “Our lives are worth more.”
For now, Bangladesh’s garment sector continues to grow, as do purchases from one of its bulk buyers. In the year since Tazreen burned down, American military stores have shipped even more clothes from Bangladesh.
Ian Urbina reported from Bangladesh and Washington. Research was contributed by Susan Beachy in New York, Poypiti Amatatham in Bangkok, Karla Zabludovsky in Mexico City, Malavika Vyawahare in New Delhi and Meridith Kohut in Ouanaminthe, Haiti.
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4) Alan Turing, Enigma Code-Breaker and Computer Pioneer, Wins Royal Pardon
By EMMA G. FITZSIMMONS
Nearly 60 years after his death, Alan Turing, the British mathematician regarded as one of the central figures in the development of the computer, received a formal pardon from Queen Elizabeth II on Monday for his conviction in 1952 on charges of homosexuality, at the time a criminal offense in Britain.
The pardon was announced by the British justice secretary, Chris Grayling, who had made the request to the queen. Mr. Grayling said in a statement that Mr. Turing, whose most remarkable achievement was helping to develop the machines and algorithms that unscrambled the supposedly impenetrable Enigma code used by the Germans in World War II, “deserves to be remembered and recognized for his fantastic contribution to the war effort and his legacy to science.”
The British prime minister, David Cameron, said in a statement: “His action saved countless lives. He also left a remarkable national legacy through his substantial scientific achievements, often being referred to as the ‘father of modern computing.’ ”
Mr. Turing committed suicide in 1954, two years after his conviction on charges of gross indecency. He was 41. In a 1936 research paper, Mr. Turing anticipated a computing machine that could perform different tasks by altering its software, rather than its hardware.
He also proposed the now famous Turing test, used to determine artificial intelligence. In the test, a person asks questions of both a computer and another human — neither of which they can see — to try to determine which is the computer and which is the fellow human. If the computer can fool the person, according to the Turing test, it is deemed intelligent.
In 2009, Prime Minister Gordon Brown issued a formal apology to Mr. Turing, calling his treatment “horrifying” and “utterly unfair.” But Mr. Cameron’s government denied him a pardon last year.
An online petition urging a pardon received more than 35,000 signatures. The campaign has also received worldwide support from scientists, including Stephen Hawking.
When Mr. Turing was convicted in 1952, he was sentenced — as an alternative to prison — to chemical castration by a series of injections of female hormones. He also lost his security clearance because of the conviction. He committed suicide by eating an apple believed to have been laced with cyanide.
The queen has the power to issue a “royal prerogative of mercy” to pardon civilians, but rarely does so. Mr. Grayling said that Mr. Turing’s sentence would today be considered “unjust and discriminatory.” Mr. Turing has been the subject of numerous biographies, as well as “Breaking the Code,” a play based on his life that was presented in London’s West End and on Broadway in the 1980s.
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5) Israelis Shell Gaza After Israeli Fence Repairer Is Killed
By ISABEL KERSHNER
JERUSALEM — An Israeli laborer who was repairing the security fence along the border with Gaza was fatally shot on Tuesday by a Palestinian sniper, according to the Israeli military, and Israel immediately responded by bombing targets it associated with militant groups in the Palestinian coastal territory.
A Palestinian girl, 3, was killed and at least four of her relatives were wounded when a shell landed in front of their home in a refugee camp, according to hospital officials in Gaza.
The deaths were the latest in a growing wave of Israeli-Palestinian violence that comes against the background of difficult peace talks. Prime Minister Benjamin Netanyahu had warned that the killing of the laborer would not go unanswered.
“Our policy until now has been to act beforehand and to respond in force and this is how we will act regarding this incident as well,” Mr. Netanyahu said during a visit earlier Tuesday to Sderot, the Israeli town located about a mile from the Gaza border that has been subjected to Palestinian rocket fire for years.
No group immediately claimed responsibility for the killing of the Israeli laborer, but anticipating Israeli retaliation, Hamas, the Islamic militant group that controls Gaza, evacuated its security facilities. Islam Shahwan, a spokesman for the Hamas government’s Interior Ministry, praised the killing, calling it a “heroic operation.”
Mahmoud Zahar, a senior Hamas official, condemned the Israeli strikes as aggression against the Palestinian people.
In November 2012 Israel launched a military offensive against the militant groups in Gaza that led to eight days of intense cross-border fighting, which ended with an Egyptian-brokered cease-fire.
The recent uptick in violence, involving both the West Bank and the Israel-Gaza frontier, has prompted talk of the possibility of a third Palestinian uprising, especially if the peace talks, scheduled to continue until late April, end in failure.
Israel is negotiating with the West Bank-based mainstream Palestinian leadership headed by President Mahmoud Abbas. Hamas, which rejects Israel’s right to exist, opposes the peace talks.
The Israeli killed on Tuesday was a civilian contractor who had been working for the Israeli Defense Ministry. His death came a day after an Israeli police officer was stabbed and wounded at a West Bank junction. On Sunday, a bomb exploded on a bus in Bat Yam, near Tel Aviv, minutes after the passengers had been warned to exit, preventing casualties. The police said they were working on the assumption that the bomb had been an attempted attack by Palestinian militants.
In addition, three Israeli soldiers and a retired colonel have been killed in recent months by Palestinians from the West Bank.
More than 20 Palestinians have been killed in clashes with Israeli forces this year, according to Palestinian officials.
Fares Akram contributed reporting from Gaza.
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6) $40 Million in Aid Set for Bangladesh Garment Workers
By STEVEN GREENHOUSE
Eight months after the Rana Plaza factory building collapsed in Bangladesh, killing more than 1,100 workers and leaving hundreds of families bereft and financially adrift, several prominent retailers and labor groups have joined with the Bangladesh government to create an estimated $40 million compensation fund to aid the victims’ families.
So far, four retailers — Bon Marché, El Corte Inglés, Loblaw and Primark — have pledged to contribute to the fund, which is intended to compensate the families of those who died last April 24 in what was the deadliest disaster in garment industry history. The new fund is considered a landmark in compensating families of garment industry victims, in terms of both the amount to be paid and the sophistication of the arrangements. No United States-based retailers have signed on.
Several officials involved in negotiations to establish the fund said in interviews that the families of the dead would receive, on average, more than $25,000 each, while hundreds of workers who were injured or maimed would also receive compensation. Per capita income in Bangladesh is about $1,900 a year.
The fund’s members said they hoped to begin making payments in February, although they have yet to decide how much each firm will contribute, which depends in part on whether governments donate. The money is to be paid in installments to ensure that the families have a steady source of income for years to come. “We think the agreement is a really good result,” said Ineke Zeldenrust, international coordinator of the Clean Clothes Campaign, a European antisweatshop group that has pressed retailers to do far more to help the families of the disaster’s victims. “The agreement will deliver to all the victims and the families of the Rana Plaza disaster full and fair compensation in a credible manner. What we need now is for other companies to agree to pay into the fund.”
Families of the victims have already received several months of short-term emergency aid from the Bangladesh government as well as from Primark, an Anglo-Irish retailer. But these families have been pressing for long-term compensation.
In some families, with the mother dead, children have quit school and gone to work. In other cases, workers who were seriously injured and cannot work are desperate for income.
Talks to establish the fund, coordinated by the International Labor Organization, began in September but stalled over such issues as how to collect information on claims, how to determine which claims were legitimate and who should administer the fund. The amount to be paid will be based on the anticipated wage loss of each worker killed, tied to the number of children, or, if the beneficiary is a parent, to the life expectancy of an adult.
With 1,800 workers having died in garment industry disasters in Bangladesh over the last decade, Dan Rees, program director for the Better Work organization, an affiliate of the International Labor Organization, said: “If you look at the history of compensation efforts in the Bangladesh garment industry, it’s not a good one. But this is a potential breakthrough.”
Among the groups that signed the agreement to create the compensation were the Bangladesh Garment Manufacturers and Exporters Association, IndustriAll Global Union, the Bangladesh Employers Federation and the main Bangladesh coalition of labor unions.
Some retailers and labor rights groups have expressed dismay that no United States retailers have agreed to join the compensation effort.
“Following the collapse, we came very quickly to the conclusion that compensation was not only a necessity for the survivors and their families, but a responsibility for the many retailers sourcing from Rana Plaza,” said Robert Chant, senior vice president for corporate affairs at Loblaw, a Canadian company. “We are still hopeful that other retailers will join us in meeting the obligation, but we’ve already made public our disappointment in the failure of others to step forward.”
Loblaw owns the Joe Fresh apparel chain, with apparel from one of Rana Plaza’s factories.
Amid warnings that its columns were crumbling, the poorly constructed building collapsed, crushing hundreds of workers in tons of concrete and steel.
Labor rights groups say they found documents and remnants of apparel tying 25 European and American retailers and brands to the five garment factories spread across Rana Plaza’s eight floors. Several of the firms have since denied their apparel came from any of the factories. Mango, a Spanish apparel brand, said, for instance, that it only had a test order in a factory there.
Walmart has been urged to help the Rana Plaza families because production documents found in the rubble indicated that a Canadian contractor was producing jeans for Walmart in 2012 at the Ether Tex factory inside the building. Walmart said an unauthorized contractor was producing garments there without its knowledge. It says it is focused on assuring that there are no such disasters in the future.
The Children’s Place, which had obtained apparel from one of the factories inside Rana Plaza, said the factory was not supplying it at the time of the collapse.
A Walmart official said the company had no comment about requests for it to contribute to the fund. The Children’s Place did not respond to inquiries.
“These brands produced at Rana Plaza, yet did nothing to protect the workers who made their clothes, despite a history of deadly building collapses in Bangladesh,” said Scott Nova, executive director of the Worker Rights Consortium, a monitoring group based in Washington that is financed by American colleges and universities. “Incredibly, some companies do not seem to feel the slightest responsibility to the families whose lives were destroyed as a result of this negligence.”
Officials involved in the compensation fund say they have not yet worked out how much money each participant should contribute. That will depend, in part, on how many retailers ultimately agree to participate and whether various governments agree to give money.
Some industry experts say the American companies are afraid to participate for fear of being exposed to legal liability or appearing hypocritical after denying that they knowingly did business at Rana Plaza at the time of the collapse. Mr. Rees, the I.L.O. official, said contributions would not lead to liability. “At the moment, this effort needs support,” he said. “It needs the backing of companies that were in Rana Plaza when it collapsed, that were there in the recent past before it collapsed and that weren’t in there at all and want to show solidarity with the industry.”
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7) More Hunger for the Poorest Americans
By THE EDITORIAL BOARD
This is a harsh season for Americans struggling to afford food. Last month, the long lines at food pantries across the country grew longer with the expiration of the boost to food stamp benefit levels included in the 2009 economic stimulus plan. Those lines are apt to grow even longer thanks to the refusal of House Republicans to renew extended unemployment benefits as part of the recent budget deal.
And if that isn’t sufficient pain for the neediest, Congress is getting ready to make another big cut to nutrition aid when it returns in early January.
Senator Debbie Stabenow, a Democrat of Michigan and the chairwoman of the Senate Agriculture Committee, and Representative Frank Lucas, a Republican of Oklahoma who leads the House Agriculture Committee, are close to a deal on a farm bill that is said to include an increase in crop insurance subsidies for farmers and a more than $8 billion cut in food stamp benefits for the poor over the next 10 years.
That cut, about double the one contained in the Senate version of the farm bill, is more modest than the devastating $40 billion reduction in the farm bill passed by House Republicans that would have denied benefits to about 3.8 million people in 2014, according to the Congressional Budget Office. The House bill would also impose drug-testing, work requirements and other conditions, which are not expected to be included in the compromise bill. Still, the compromise deal, driven by the Republican obsession with cutting the food stamps program, will leave many Americans worse off than before.
The deal being finalized would not kick people off the rolls, but it would end a practice used in some 16 states to boost food stamp benefits. That change would reduce benefits for 850,000 of the nation’s poorest households, according the Congressional Budget Office, with the cut falling particularly hard on seniors, disabled people and working-poor families with children.
The households affected currently receive higher food stamp benefits (on average around $90 a month) under a practice known as “heat-and-eat,” which is intended to prevent poor families from having to choose between heating fuel and food. States employing this practice trigger the increased food assistance by providing selected households a nominal amount of fuel aid (as little as $1 per year), regardless of whether they actually pay utility bills.
This gaming of the system has had the positive effect of giving some hard-pressed families in high-cost areas like New York City help with their overall household budget, but it has also provided a talking point for critics bent on gutting the food stamps program.
The proposed Senate-House deal would require states to pay $20 a year to trigger the higher benefits. Some states will likely decline to increase their subsidies to that amount, so to achieve the bill’s projected savings benefits would have to be taken away from many poor families. The right fix would be to take any savings and devote it along with other new financing to make sure basic food needs of the poorest families are met. Some Democratic lawmakers and antihunger advocates say the $8 billion cut being contemplated in the compromise deal is necessary to get the food stamps program reauthorized by both the Senate and House and that keeping the cuts to that level would be a political defeat for right-wing Republicans, who sought to do much more damage. That may be true, but it’s not much consolation for people lining up at food pantries because their inadequate monthly food stamps allotment has run out.
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8) Snowden Offers a Christmas Message: Privacy Matters
By STEPHEN CASTLE
LONDON — In a message due to be broadcast on British televison, Edward J. Snowden, the former American security contractor, urged an end to mass surveillance, arguing that the electronic monitoring he has exposed surpasses anything imagined by George Orwell in “1984,” a dystopian vision of an all-knowing state.
“A child born today will grow up with no conception of privacy at all. They’ll never know what it means to have a private moment to themselves an unrecorded, unanalyzed thought,” said Mr. Snowden in a Christmas Day message to be broadcast by Channel 4, which released excerpts in advance.
“Privacy matters, privacy is what allows us to determine who we are and who we want to be,” he said.
Mr. Snowden, 30, remains in Moscow where the Russian government granted him temporary asylum rather than extraditing him to the United States following his leak of information about the National Security Agency’s extensive electronic surveillance programs. The Justice Department filed a criminal complaint against him in June, alleging that he had violated the Espionage Act and stolen government property.
Earlier this month, Judge Richard J. Leon of the Federal District Court for the District of Columbia said the N.S.A.'s mass collection of data was probably unconstitutional. President Obama appointed an advisory committee of outside experts to review the agency's operations; it issued a report last week that recommended curbing the agency’s data collection.
Britain’s security services, which work closely with their American counterparts, have also been deeply embarrassed by the revelations and one of Mr. Snowden’s more striking comments in the broadcast refers to “1984,” Orwell’s celebrated novel about a state controlled by an omnipresent Big Brother.
“Great Britain’s George Orwell warned us of the danger of this kind of information,” Mr. Snowden said, according to the excerpts. “The types of collection in the book — microphones and video cameras, TVs that watch us — are nothing compared to what we have available today. We have sensors in our pockets that track us everywhere we go.”
But he also argued that his actions had set off a debate that could help restore faith in those who regulate electronic communications. “The conversation occurring today will determine the amount of trust we can place both in the technology that surrounds us and the government that regulates it. Together we can find a better balance, end mass surveillance and remind the government that if it really wants to know how we feel, asking is always cheaper than spying,” Mr. Snowden said.
That echoes other comments Mr. Snowden made this week. In a lengthy interview with The Washington Post, he said he had achieved what he set out to do. “For me, in terms of personal satisfaction, the mission’s already accomplished,” he said. “I already won. As soon as the journalists were able to work, everything that I had been trying to do was validated. Because, remember, I didn’t want to change society. I wanted to give society a chance to determine if it should change itself.”
Channel 4 described Mr. Snowden’s brief appearance Wednesday as his first TV interview since arriving in Moscow, though the format is a televised statement as the station’s alternative Christmas message to the queen’s annual holiday broadcast. In the 20 years since it began its tradition, Channel 4 has commissioned a variety of outspoken public figures, including the former president of Iran, Mahmoud Ahmadinejad, and the Reverend Jesse L. Jackson Sr. Mr. Snowden’s message was filmed and produced by the documentary maker Laura Poitras, Channel 4 said. In a statement the channel’s director of news and current affairs, Dorothy Byrne, said the information Mr. Snowden had revealed “raises serious questions for democratic society.” She added that his message was “an opportunity for our viewers to hear from him directly and judge for themselves what he has to say.”
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9) U.S. Sends Arms to Aid Iraq Fight With Extremists
By MICHAEL R. GORDON and ERIC SCHMITT
December 25, 2013
http://www.nytimes.com/2013/12/26/world/middleeast/us-sends-arms-to-aid-iraq-fight-with-extremists.html?hp
WASHINGTON — The United States is quietly rushing dozens of Hellfire missiles and low-tech surveillance drones to Iraq to help government forces combat an explosion of violence by a Qaeda-backed insurgency that is gaining territory in both western Iraq and neighboring Syria.
The move follows an appeal for help in battling the extremist group by the Iraqi prime minister, Nuri Kamal al-Maliki, who met with President Obama in Washington last month.
But some military experts question whether the patchwork response will be sufficient to reverse the sharp downturn in security that already led to the deaths of more than 8,000 Iraqis this year, 952 of them Iraqi security force members, according to the United Nations, the highest level of violence since 2008.
Al Qaeda’s regional affiliate, the Islamic State in Iraq and Syria, has become a potent force in northern and western Iraq. Riding in armed convoys, the group has intimidated towns, assassinated local officials, and in an episode last week, used suicide bombers and hidden explosives to kill the commander of the Iraqi Army’s Seventh Division and more than a dozen of his officers and soldiers as they raided a Qaeda training camp near Rutbah.
Bombings on Christmas in Christian areas of Baghdad, which killed more than two dozen people, bore the hallmarks of a Qaeda operation.
The surge in violence stands in sharp contrast to earlier assurances from senior Obama administration officials that Iraq was on the right path, despite the failure of American and Iraqi officials in 2011 to negotiate an agreement for a limited number of United States forces to remain in Iraq.
In a March 2012 speech, Antony J. Blinken, who is currently Mr. Obama’s deputy national security adviser, asserted that “Iraq today is less violent” than “at any time in recent history.”
In contrast, after a recent spate of especially violent attacks against Iraqi forces, elected officials and civilians, Jen Psaki, the State Department spokeswoman, issued a strongly worded statement on Sunday warning that the Qaeda affiliate is “seeking to gain control of territory inside the borders of Iraq.”
Pledging to take steps to strengthen Iraqi forces, Ms. Psaki noted that the Qaeda affiliate was a “common enemy of the United States and the Republic of Iraq, and a threat to the greater Middle East region.”
But the counterterrorism effort the United States is undertaking with Iraq has its limits.
Iraq’s foreign minister has floated the idea of having American-operated, armed Predator or Reaper drones respond to the expanding militant network. But Mr. Maliki, who is positioning himself to run for a third term as prime minister and who is sensitive to nationalist sentiment at home, has not formally requested such intervention.
The idea of carrying out such drone attacks, which might prompt the question of whether the Obama administration succeeded in bringing the Iraq war to what the president has called a “responsible end,” also appears to have no support in the White House.
“We have not received a formal request for U.S.-operated armed drones operating over Iraq, nor are we planning to divert armed I.S.R. over Iraq,” said Bernadette Meehan, a spokeswoman for the National Security Council, referring to intelligence, surveillance and reconnaissance missions. For now, the new lethal aid from the United States, which Iraq is buying, includes a shipment of 75 Hellfire missiles, delivered to Iraq last week. The weapons are strapped beneath the wings of small Cessna turboprop planes, and fired at militant camps with the C.I.A. secretly providing targeting assistance.
In addition, 10 ScanEagle reconnaissance drones are expected to be delivered to Iraq by March. They are smaller cousins of the larger, more capable Predators that used to fly over Iraq.
American intelligence and counterterrorism officials say they have effectively mapped the locations and origins of the Qaeda network in Iraq and are sharing this information with the Iraqis.
Administration officials said the aid was significant because the Iraqis had virtually run out of Hellfire missiles. The Iraqi military, with no air force to speak of and limited reconnaissance of its own, has a very limited ability to locate and quickly strike Qaeda militants as they maneuver in western and northern Iraq. The combination of American-supplied Hellfire air-to-ground missiles, tactical drones and intelligence, supplied by the United States, is intended to augment that limited Iraqi ability.
The Obama administration has given three sensor-laden Aerostat balloons to the Iraqi government, provided three additional reconnaissance helicopters to the Iraqi military and is planning to send 48 Raven reconnaissance drones before the end of 2014. And the United States is planning to deliver next fall the first of the F-16 fighters Iraq has bought.
The lack of armed drones, some experts assert, will hamper efforts to dismantle the Qaeda threat in Iraq over the coming weeks and months.
“Giving them some ScanEagle drones is great,” said Michael Knights, an expert on Iraqi security at the Washington Institute for Near East Policy. “But is it really going to make much difference? Their range is tiny.”
“The real requirement today is for a long-range, high-endurance armed drone capability,” added Mr. Knights, who frequently travels to Iraq. “There is one place in the world where Al Qaeda can run a major affiliate without fear of a U.S. drone or air attack, and that is in Iraq and Syria.”
In an effort to buttress the Iraqi military’s abilities, the Obama administration has sought congressional approval to lease and eventually sell Apache helicopter gunships. But some lawmakers have been hesitant, fearing that they might be used by Mr. Maliki to intimidate his political opponents.
A plan to lease six Apaches to the Iraqi government is now pending in the Senate. Frustrated by the United States’ reluctance to sell Apaches, the Iraqis have turned to Russia, which delivered four MI-35 attack helicopters last month and planned to provide more than two dozen more. Meanwhile, cities and towns like Mosul, Haditha and Baquba that American forces fought to control during the 2007 and 2008 surge of American troops in Iraq have been the scene of bloody Qaeda attacks.
Using extortion and playing on Sunni grievances against Mr. Maliki’s Shiite-dominated government, the Qaeda affiliate is largely self-financing. One Iraqi politician, who asked not to be named to avoid retaliation, said Qaeda militants had even begun to extort money from shopkeepers in Ramadi, Anbar’s provincial capital.
A number of factors are helping the Qaeda affiliate. The terrorist group took advantage of the departure of American forces to rebuild its operations in Iraq and push into Syria. Now that it has established a strong foothold in Syria, it is in turn using its base there to send suicide bombers into Iraq at a rate of 30 to 40 a month, using them against Shiites but also against Sunnis who are reluctant to cede control.
The brutal tactics, some experts say, may expose Al Qaeda to a Sunni backlash, much as in 2006 and 2007 when Sunni tribes aligned themselves with American forces against the Qaeda extremists.
But Mr. Maliki’s failure to share power with Sunni leaders, some Iraqis say, has also provided a fertile recruiting ground.
Haitham Abdullah al-Jubouri, a 40-year-old government employee in Baquba, said that “the policy of the sectarian government” had “contributed to the influx of desperate young elements from the Sunni community to the ranks of Al Qaeda.”
In Mosul, most of the security force members who are not from the area have left the city, and Al Qaeda controls whole sections of territory.
“In the morning, we have some control, but at night, this is when we hide and the armed groups make their movements,” said an Iraqi security official, who spoke only on the condition of anonymity, out of fear of retaliation.
Ayad Shaker, a police officer in Anbar, said that Al Qaeda had replenished its ranks with a series of prison breakouts, and that the group had also grown stronger because of the limited abilities of Iraqi forces, the conflict in Syria and tensions between Mr. Maliki and the Sunnis.
Mr. Shaker said that three close relatives had been killed by Al Qaeda and that he had been wounded by bombs the group had planted.
“I fought Al Qaeda,” he said. “I am sad today when I see them have the highest authority in Anbar, moving and working under the sun without deterrent.”
Yasir Ghazi contributed reporting from Baghdad, Thom Shanker from Washington and an employee of The New York Times from Mosul, Iraq.
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10) N.S.A. Phone Surveillance Is Lawful, Federal Judge Rules
By MICHAEL S. SCHMIDT
WASHINGTON — A federal judge in New York on Friday ruled that the National Security Agency’s program that is systematically keeping phone records of all Americans is lawful, creating a conflict among lower courts and increasing the likelihood that the issue will be resolved by the Supreme Court.
In the ruling, Judge William H. Pauley III, of the United States District Court for the Southern District of New York, granted a motion filed by the federal government to dismiss a challenge to the program brought by the American Civil Liberties Union, which had tried to halt the program.
Judge Pauley said that protections under the Fourth Amendment do not apply to records held by third parties, like phone companies.
“This blunt tool only works because it collects everything,” Judge Pauley said in the ruling.
“While robust discussions are underway across the nation, in Congress and at the White House, the question for this court is whether the government’s bulk telephony metadata program is lawful. This court finds it is,” he added.
The ruling comes nearly two weeks after Judge Richard J. Leon of Federal District Court for the District of Columbia said the program most likely violated the Fourth Amendment. As part of the ruling, Judge Leon ordered the government to stop collecting data on two plaintiffs who brought the case against the government.
In his ruling, Judge Leon said that the program “infringes on ‘that degree of privacy’ that the founders enshrined in the Fourth Amendment,” which prohibits unreasonable searches and seizures. While Judge Leon ordered the government to stop collecting data on the two plaintiffs, he stayed the ruling, giving the government time to appeal the decision.
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11) A Lifeline for the Poor, Free Phone Service Faces Legal Battle
By ALAN BLINDER
AUSTELL, Ga. — From her trailer with a rusting roof on Lot 54, Donna James uses the free Samsung cellphone provided by a federal program to speak with friends who give her rides, clerks at medical offices, a case worker, emergency dispatchers and, of course, bill collectors.
“If it weren’t for my free phone, there were a few times I wouldn’t have made it to the hospital,” said Ms. James, who is unemployed because of chronic health issues and has no other telephone or Internet connection in her home. She is among the 15.3 million people in the United States who receive the Lifeline telephone service because they meet income guidelines or are enrolled in programs like Medicaid or food stamps.
But the fundamental feature of the program on which Ms. James relies — 250 minutes of free wireless service a month — is at the center of a legal battle linked to a new tactic to reduce fraud in the program. The outcome could have far-reaching consequences for the telecommunications industry and millions of impoverished Americans.
Alarmed by accounts of households that have more than one subsidized phone — a breach of federal guidelines — and other allegations of fraud, the Georgia Public Service Commission voted earlier this year to make this state the first to require phone companies to collect a fee of at least $5 a month from Lifeline users.
As an alternative, in an effort to force the service providers to better police phone usage, the commission also said that the companies could, for the same compensation they already receive from the government, offer participants 500 minutes a month. But the companies denounced that option.
Georgia regulators made their move about three years after the Government Accountability Office reported that officials from 21 states “indicated that they were somewhat or very concerned about consumer fraud in the Lifeline program.”
Georgia’s mandate, which had been scheduled to take effect in January before a judge in Atlanta granted an injunction last week, prompted outrage from some advocates for the poor, and a legal challenge from a trade group that represents cellphone companies. The group argued that Georgia was circumventing federal law to set rates.
But the author of the regulation has argued that the fee’s benefits outweigh the risks, and would do much to reduce Georgia’s share of fraud in the Lifeline program, which began in 1985 and was expanded to include wireless coverage two decades later.
“There’s always going to be collateral damage when you’re having a war, and we’re having a war with fraud and abuse,” Commissioner H. Doug Everett told WABE Radio in October.
Stan Wise, one of two public service commissioners who voted against the new regulation, conceded that the Lifeline program has been rife with misconduct, but warned that the fee would be ineffective and damaging.
“What it really does is harm those in the most need and the ones that the program was designed to help,” Mr. Wise said. “If you have three Lifelines and it’s important to you have the three phones, what’s $15 to you if you’re promoting fraud?”
Although Mr. Everett has staked out an atypical approach to combating Lifeline fraud, the program’s troubles have received widespread attention.
Aware of the criticisms, the Federal Communications Commission, which cited the potential for “a significant burden on some classes of Lifeline consumers” when it turned back a plan in 2012 to impose monthly fees across the country, has started a campaign to clean up the program, including the introduction of new national databases tracking eligibility and participation.
But if Georgia’s new policy can survive in court, it could be replicated elsewhere by anxious state regulators.
“These sorts of cases are relatively unusual,” said James B. Speta, a professor at Northwestern University who specializes in telecommunications law. “So in a second state or a third state, they will certainly look at what happened in Georgia.”
As the legal battle plays out, Georgia residents who have Lifeline phones are beginning to contemplate what they will do if the fee is put in effect.
Ms. James, who has a monthly budget of about $350, said she was likely to have to choose between her phone and one of the six prescription medications she takes every day.
“I’ve got medicines I’ve got to buy with $5,” said Ms. James, 47, who lives just northwest of Atlanta and said she has medical debts well into six figures after numerous hospitalizations.
Others who have the Lifeline phones, including the 60-year-old Brenda Florence, said they would immediately return their devices.
“They’re supposed to be free,” said Ms. Florence, who pays for a home phone landline and cell service but also participates in Lifeline because she receives Medicaid benefits. “I’m going to put it in the box and mail it back.”
In Georgia, where nearly 721,000 people use Lifeline, the debate has also exposed a fissure among those who work to aid people in poverty.
At the Christian Aid Mission Partnership, which provides food and clothing to the region’s poor and sometimes hosts phone providers offering their wares, officials said they endorsed the state’s new effort to stem fraud.
“I think there should be some skin in the game,” said Linda Oviatt, the organization’s outreach director. But she added that she generally supported the Lifeline program because it was “a godsend” for many of her clients.
Other advocates for the poor, though, have been sharply critical of Georgia’s plan.
“The proposed fee simply serves as a penalty on the poor,” the Rainbow PUSH Coalition wrote in an October letter to commissioners. “It is, in essence, a tax being arbitrarily applied to those who can least afford it and an incursion by the P.S.C. on the free market business practices of private companies.”
Back on Lot 54, Ms. James, whose kitchen on a recent day was cluttered with boxed and canned foods, said she thought the debate should focus less on complex legal arguments. She merely wants to keep her aging flip phone. “It’s so hard on someone who is on a fixed, fixed income,” she said. “It was just an honor to get something that is going to help me.”
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12) Benefits Ending for One Million Unemployed
By ANNIE LOWREY
WASHINGTON — An emergency federal program that acts as a lifeline for 1.3 million jobless workers will end on Saturday, drastically curtailing government support for the long-term unemployed and setting the stage for a major political fight in the new year.
The program, in place since the recession started in 2008, provides up to 47 weeks of supplemental unemployment insurance payments to jobless people looking for work. Its expiration is expected to have far-reaching ramifications for the economy, cutting job growth by about 300,000 positions next year and pushing hundreds of thousands of households below the poverty line.
An extension of the unemployment program did not make it into the two-year budget deal that was passed just before Congress left on its winter recess. When the federal program expires, just one in four unemployed Americans will receive jobless benefits — the smallest proportion in half a century.
“I really depend on unemployment,” said David Davis of Chantilly, Va., adding that the $1,600 a month he receives is helping keep him afloat while he interviews for new positions. “I’ve got a résumé that knocks your socks off. The reason for this long period of unemployment is that the work just isn’t there.”
At one point, Mr. Davis, 68, made more than $100,000 a year as an information technology expert and web designer. He is now living on ramen noodles and $140 he counted out from his change jar. Since being laid off over the summer, he has missed mortgage payments, forcing him to take out a reverse mortgage on his home. He sold his car and got a late-1990s model Ford Taurus, and is looking to cut his utility and cellphone bills. Soon, he might start taking Social Security.
“It’s very stressful,” Mr. Davis said. “At least I’ve had the ability to maneuver my finances so I don’t wind up homeless. That’s one goal, to avoid living on the street or in my car.”
Democrats on Capitol Hill are pushing for an extension of the program, though the constrained fiscal environment makes its reinstatement somewhat less likely, aides said. Members of the Republican leadership have indicated that they might be willing to extend the benefits, but only if Democrats offset the new spending with other cuts.
On Friday morning, President Obama called Senator Jack Reed, Democrat of Rhode Island, and Senator Dean Heller, Republican of Nevada, to extend his support for their proposal to extend emergency unemployment benefits for three months.
“The president said his administration would, as it has for several weeks now, push Congress to act promptly and in bipartisan fashion to address this urgent economic priority,” said Josh Earnest, a White House spokesman.
As the last payments are distributed, Democrats have initiated a campaign aimed at shaming Republicans — particularly those in leadership and in swing districts — for letting the program expire over the holiday season.
“I don’t know if our colleagues who have opposed passing the unemployment-insurance legislation know or care about the impact on families,” said Nancy Pelosi of California, the House minority leader. “The impact is very, very strong. It hurts the dignity of a family, of a worker.”
Americans United for Change, a liberal group, is running an advertisement on cable television stations. “You know who had a Merry Christmas? The richest 1 percent, that’s who. Republicans in Congress made sure of that, protecting billions in taxpayer giveaways,” it says. “For those facing tough times? Republicans stripped 1.3 million Americans of jobless benefits — folks who want to work, but cannot find a job — kicking them to the curb during Christmas.”
Republican aides said they remained willing to negotiate. “Why didn’t they offer a plan that met the speaker’s requirements — fiscally responsible, with something to create jobs — or any plan, for that matter, before they left for the holidays?” asked Michael Steel, a spokesman for John A. Boehner of Ohio, the speaker of the House.
Some Democrats have suggested that continuing the program for three months, with the estimated $6 billion in spending offsets coming from agricultural subsidies in the farm bill.
But some conservatives have shown stauncher opposition.
“I do support unemployment benefits for the 26 weeks that they’re paid for,” said Senator Rand Paul of Kentucky on Fox News. “If you extend it beyond that, you do a disservice to these workers. When you allow people to be on unemployment insurance for 99 weeks, you’re causing them to become part of this perpetual unemployed group in our economy.”
The loss of benefits is expected to drain billions in consumer spending from the economy next year. People losing their federal benefits — often benefits they expected to continue to receive for weeks or months into 2014 — described cutting back on Christmas, driving less, turning off the heat, draining retirement accounts, applying for food stamps, readying to move in with relatives and missing mortgage payments.
The psychological toll is significant, too.
“I get up. I check my messages. I go through my ritual,” said Margie Bogash, 52, a laid-off medical laboratory manager in Pennsylvania, describing her job application process. “When I’m done cleaning up around my house, I sit down, I go on again. When I can’t sleep, I go on again. The past year has been very stressful — it’s still just very stressful.”
Ms. Bogash said the loss of benefits has spurred her husband to collect his Social Security payment early, meaning smaller benefit checks in perpetuity.
Extending the program for a year would cost an estimated $25 billion. But because recipients tend to immediately spend the money they receive in unemployment benefits, the effect on the economy will be amplified, economists said. The left-of-center Economic Policy Institute has said that the end of the program will cut job growth in 2014 by about 310,000 positions. Michael Feroli, the chief United States economist at JPMorgan Chase, has estimated that the loss of income will cut the country’s annual growth rate by about 0.4 percentage points in the first quarter of 2014.
“We are certainly seeing long-term unemployment as this deeply entrenched problem at a time when the economy seems to be growing,” said Christine L. Owens of the National Employment Law Project, a research and advocacy group. “This crisis of long-term unemployment has been unprecedented and remains unprecedented. It underscores that we need to maintain and frankly strengthen the kind of supports that long-term unemployed workers need to get jobs.”
Economists expect that the end of the emergency jobless benefits will, surprisingly, lead to a sharp drop in the unemployment rate, by as much as 0.5 percentage points.
That is in part because the loss of benefits might spur some workers to intensify their job search, or accept an offer they might have turned down.
Since her federal benefits expired, Jamie Young, a library scientist living in Portland, Ore., has accepted a part-time job, taking a large reduction in her income. “It’s embarrassing for me,” she said. “I dread going to parties or social functions and having people ask me what I do.” Her unemployment has also spurred her to donate her eggs for $6,000 in compensation.
But the unemployment rate will primarily drop as workers, especially older workers, drop out of the labor force. Those receiving unemployment benefits are required to demonstrate that they are actively looking and applying for jobs. Without those benefits, and requirements, economists said, many might give up.
Analysts also believe the end of the federal program will lead to an increase in poverty. Already, cuts to unemployment insurance payments and reductions in the weeks of benefits have meant that the program has lifted fewer people out of poverty: 1.7 million Americans in 2012, down from 2.3 million in 2011 and 3.2 million in 2010.
“The opportunities that were there for my brother and my parents, they don’t seem to be there,” said Brett Ivey, a 29-year-old college graduate in Seattle, who lives on his $329-a-week unemployment insurance payment and about $15 a week in food stamps. “There’s hundreds of people fighting for the same job, just trying to get by.”
Ashley Parker contributed reporting from Honolulu.
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13) Despair at Guantánamo
By THE EDITORIAL BOARD
In April, when a hunger strike by detainees at the prison in Guantánamo Bay, Cuba, was in its third month, Pentagon officials agreed with defense lawyers that the underlying cause was a growing despair among prisoners who have been in detention for a decade with no hope of getting out. The protest, which at its height involved 106 of the 166 prisoners there this summer, served to put the Guantánamo issue back on the radar in Washington.
The National Defense Authorization Act for 2014, signed on Thursday by President Obama, includes a long-sought provision easing the Pentagon’s ability to transfer to countries other than the United States detainees rated as low threats. Mr. Obama, who has wavered on his early vows to shut down the prison, praised Congress for this change, though he stressed that the prison remained a blight on the nation’s reputation.
The improved transfer policy helps, but a petty policy change at the prison this month shows how perverse the situation has become. The military says it will no longer report the number of prisoners on hunger strike, according to a report in the Miami Herald. A spokesman for the facility said the military “will not further their protests by reporting the numbers to the public.” The numbers of detainees being force-fed by prison authorities, which dropped into the teens in recent months, offered the world a window into the prison, which has been shrouded in secrecy even though its motto is “safe, humane, legal, transparent detention.” Eighty-six of the remaining prisoners — more than half — were designated three years ago for transfer to another country, provided that security concerns could be satisfied. Yet the transfer plan was left adrift in the face of political combat. Even if the new defense bill spurs progress in reducing the detainee population, the delivery of credible justice for those at the Guantánamo prison camp is far from complete.
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14) Reported Sexual Assaults in Military Increase
By REUTERS
The number of sexual assaults reported across the United States military rose by about 50 percent in the 2013 fiscal year compared with 2012, the Defense Department said Friday. Preliminary data showed there were slightly more than 5,000 reports of sexual assault during the year. The latest numbers were released a week after President Obama ordered military leaders to review the problem.
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B. EVENTS AND ACTIONS
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C. SPECIAL APPEALS AND
ONGOING CAMPAIGNS
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U.S. Court of Appeals Rules Against Lorenzo Johnson’s
New Legal Challenge to His Frame-up Conviction!
Demand the PA Attorney General Dismiss the Charges!
Free Lorenzo Johnson, Now!
The U.S. Court of Appeals for the Third Circuit denied Lorenzo Johnson’s motion to file a Second Habeas Corpus Petition. The order contained the outrageous declaration that Johnson hadn’t made a “prima facie case” that he had new evidence of his innocence. This not only puts a legal obstacle in Johnson’s path as his fight for freedom makes its way (again) through the state and federal courts—but it undermines the newly filed Pennsylvania state appeal that is pending in the Court of Common Pleas.
Stripped of “legalese,” the court’s October 15, 2013 order says Johnson’s new evidence was not brought into court soon enough—although it was the prosecution and police who withheld evidence and coerced witnesses into lying or not coming forward with the truth! This, despite over fifteen years and rounds of legal battles to uncover the evidence of government misconduct. This is a set-back for Lorenzo Johnson’s renewed fight for his freedom, but Johnson is even more determined as his PA state court appeal continues.
Increased public support and protest is needed. The fight for Lorenzo Johnson’s freedom is not only a fight for this courageous man and family. The fight for Lorenzo Johnson is also a fight for all the innocent others who have been framed and are sitting in the slow death of prison. The PA Attorney General is directly pursuing the charges against Lorenzo, despite the evidence of his innocence and the corruption of the police. Free Lorenzo Johnson, Now!
—Rachel Wolkenstein, Esq.
October 25, 2013
For more on the federal court and PA state court legal filings.
Hear Mumia’s latest commentary, “Cat Cries”
Go to: www.FreeLorenzoJohnson.org for more information, to sign the petition, and how to help.
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PUSH CHELSEA'S JAILERS TO RESPECT HER IDENTITY
Call and write Ft Leavenworth today and tell them to honor Manning's wishes around her name and gender:
Chelsea's supporters were awarded the title “absolutely fabulous overall contingent” at the San Francisco Pride Parade
|
Call: (913) 758-3600
Write to:
Col. Sioban Ledwith, Commander
U.S. Detention Barracks
1301 N Warehouse Rd
Ft. Leavenworth KS 66027
Private Manning has been an icon both for the government transparency movement and LGBTQ activists because of her fearlessness and acts of conscience. Now, as she begins serving her sentence, Chelsea has asked for help with legal appeals, family visits, education, and support for undergoing gender transition. The latter is a decision she’s made following years of experiencing gender dysphoria and examining her options. At a difficult time in her life, she joined the military out of hope–the hope that she could use her service to save lives, and also the hope that it would help to suppress her feelings of gender dysphoria. But after serving time in Iraq, Private Manning realized what mattered to her most was the truth, personal as well as political, even when it proved challenging.
Now she wants the Fort Leavenworth military prison to allow her access to hormone replacement therapy which she has offered to pay for herself, as she pursues the process to have her name legally changed to ‘Chelsea Elizabeth Manning.’
To encourage the prison to honor her transgender identity, we’re calling on progressive supporters and allies to contact Fort Leavenworth officials demanding they acknowledge her requested name change immediately. Currently, prison officials are not required to respect Chelsea’s identity, and can even refuse to deliver mail addressed to the name ‘Chelsea Manning.’ However, it’s within prison administrators’ power to begin using the name ‘Chelsea Manning’ now, in advance of the legal name change which will most likely be approved sometime next year. It’s also up to these officials to approve Private Manning’s request for hormone therapy.
Call: (913) 758-3600
Write to:
Col. Sioban Ledwith, Commander
U.S. Detention Barracks
1301 N Warehouse Rd
Ft. Leavenworth KS 66027
Tell them: “Transgender rights are human rights! Respect Private Manning’s identity by acknowledging the name ‘Chelsea Manning’ whenever possible, including in mail addressed to her, and by allowing her access to appropriate medical treatment for gender dysphoria, including hormone replacement therapy (HRT).”
While openly transgender individuals are allowed to serve in many other militaries around the world, the US military continues to deny their existence. Now, by speaking up for Chelsea’s right to treatment, you can support one brave whistleblower in her personal struggle, and help set an important benchmark for the rights of transgender individuals everywhere. (Remember that letters written with focus and a respectful tone are more likely to be effective.) Feel free to copy this sample letter.
Earlier this year, the Private Manning Support Network won the title of most “absolutely fabulous overall contingent” at the San Francisco Pride Parade, the largest celebration of its kind for LGBTQ (Lesbian, Gay Bisexual, Transgender and Questioning) people nationwide. Over one thousand people marched for Private Chelsea (formerly Bradley) Manning in that parade, to show LGBTQ community pride for the Iraq War’s most well-known whistleblower.
Help us continue to cover 100%
of Pvt. Manning's legal fees! Donate today.
https://co.clickandpledge.com/sp/d1/default.aspx?wid=38591
COURAGE TO RESIST
http://couragetoresist.org
484 Lake Park Ave #41, Oakland CA 94610
510-488-3559
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Please sign the NEW petition for Lynne Stewart.
Your signature will send a letter to Bureau of Prisons Director Samuels and to Attorney General Holder requesting that they expedite Lynne Stewart’s current application for compassionate release. The NEW petition is at https://www.change.org/petitions/new-petition-to-free-lynne-stewart-support-compassionate-release
Your signature will send a letter to Bureau of Prisons Director Samuels and to Attorney General Holder requesting that they expedite Lynne Stewart’s current application for compassionate release. The NEW petition is at https://www.change.org/petitions/new-petition-to-free-lynne-stewart-support-compassionate-release
Free Lynne Stewart: Support Compassionate Release
http://www.change.org/petitions/free-lynne-stewart-support-compassionate-release
Renowned defense
attorney Lynne Stewart, unjustly charged and convicted for the “crime”
of providing her client with a fearless defense, is dying of cancer
while imprisoned in the Federal Medical Center, Carswell, Texas.
Your action now can lead to her freedom so that she
may live out her remaining days with the comfort and joy of her family
and those closest to her, including her devoted husband Ralph Poynter,
many children, grandchildren, a great grandchild and lifelong friends.
The conservative medical prognosis by the
oncologist contracted by the prison is that Lynne Stewart has but
16-months to live. Breast cancer, in remission prior to her
imprisonment, reached Stage Four more than a year ago, emerging in her
lymph nodes, shoulder, bones and lungs.
Despite repeated courses of chemotherapy, cancer
advances in her lungs, resistant to treatment. Compounding her dire
condition, Lynne Stewart’s white blood cell count dropped so low that
she has been isolated in a prison hospital room since April 2013 to
reduce risk of generalized infection.
Under the 1984 Sentencing Act, upon a prisoner’s
request, the Bureau of Prisons can file a motion with the Court to
reduce sentences “for extraordinary and compelling reasons,” life
threatening illness foremost among these.
Lynne Stewart’s recent re-application for
compassionate release meets all the criteria specified in guidelines
issued by the Bureau of Prisons in August 2013.
These “new guidelines” followed a searing report
and testimony before Congress by the Department of Justice’s Inspector
General Michael Horowitz. His findings corroborated a definitive report
by Human Rights Watch. Inspector General Horowitz excoriated the Federal
Bureau of Prisons for the restrictive crippling of the compassionate
release program. In a 20-year period, the Bureau had released a scant
492 persons – an average of 24 a year out of a population that exceeds
220,000.
Over 30,000 people of conscience from all walks of
life in the United States and internationally took action to free Lynne
Stewart following her first application for compassionate release in
April of this year.
Among those who raised their voices are former
Attorney General Ramsey Clark – who was co-counsel in the case that led
to Lynne Stewart’s imprisonment, Archbishop Desmond Tutu, former
President of the United Nations General Assembly, Father Miguel D’Escoto
Brockmann, Nobel Peace Laureate Mairead Corrigan Maguire, Ed Asner,
Daniel Berrigan, Liz McAllister Berrigan, Richard Falk, Daniel Ellsberg,
Noam Chomsky, Cornell West, Dick Gregory, Alice Walker and Bianca
Jagger.
They along with thousands of individuals and
organizations, such as the Center for Constitutional Rights, the
National Lawyers Guild and Lawyers Rights Watch Canada, directed
letters, phone calls and public declarations to the Federal Bureau of
Prisons Director Charles E. Samuels, Jr. and to Attorney General Eric H.
Holder, Jr.
Dick Gregory has refused all solid food since April
4 and his remarkable moral witness will not end until Lynne Stewart is
released.
We call upon all to amplify this outpouring of
support. We ask all within our reach to convey to Bureau of Prisons
Director Samuels his obligation to approve Lynne Stewart’s application
and instruct the federal attorney to file the requisite motion for Lynne
Stewart’s compassionate release.
Please sign this new petition and
reach out to others to sign. The letter below will be sent on your
behalf via email to Charles E. Samuels, Jr., Director of the Federal
Bureau of Prisons and to Attorney General Eric H. Holder, Jr. Telephone
calls also can be made to the Bureau of Prisons:
(202) 307-3250/3262.
http://www.change.org/petitions/free-lynne-stewart-support-compassionate-release
Write to Lynne Stewart at:
Lynne Stewart #53504-054Unit 2N
Federal Medical Center, Carswell
P.O. Box 27137
Fort Worth, TX 76127
Federal Medical Center, Carswell
P.O. Box 27137
Fort Worth, TX 76127
or via:
www.lynnestewart.org
What you can do:
Demand Compassionate Release for Lynne Now!
Write and call:
President Obama
The White House
Pennsylvania Avenue
Washington, DC 20500
(202) 456-1111
Attorney General Eric Holder
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, D.C. 20530-0001
(202) 353-1555
Charles E. Samuels, Jr.
Director, Federal Bureau of Prisons
320 First Street, NW
Washington, DC 20534
(202) 307-3250/3262
Write to Lynne Stewart:
Lynne Stewart #53504-054
Unit 2N, Federal Medical Center, Carswell
P.O. Box 27137
Fort Worth, TX 76127
Write to Lynne Stewart Defense Committee at:
Lynne Stewart Defense Committee
1070 Dean Street
Brooklyn, New York 11216
For further information: 718-789-0558 or 917-853-9759
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Kimberly Rivera
Imprisoned pregnant resister seeks early release for birth
495 supporters from around the world write letters in support of clemency applicationBy James Branum and Courage to Resist. November 4, 2013
Fort Carson, Colorado – Imprisoned war resister PFC Kimberly Rivera has submitted a clemency application seeking a reduction by 45 days in the 10 month prison sentence she received for seeking asylum in Canada rather return to her unit in Iraq.
The request for clemency was based on humanitarian reasons due to pregnancy. Unless clemency is granted, Private First Class Kimberly Rivera will be forced to give birth in prison and then immediately relinquish custody of her son while she continues to serve the remainder of her sentence.
Unfortunately military regulations provide no provisions for her to be able to breastfeed her infant son while she is in prison.
Fort Carson Senior Commander Brigadier General Michael A. Bills will be making a decision on PFC Rivera’s clemency request in the coming weeks.
PFC Rivera’s case made international news when she was the first female US soldier in the current era to flee to Canada for reasons of conscience. After a protracted struggle through the Canadian legal system, she was deported back to the United States in September 2012. She was then immediately arrested and sent back to the Army to stand trial.
In an interview with Courage to Resist on the eve of her court-martial, Rivera said, “When I saw the little girl [in Iraq] shaking in fear, in fear of me, because of my uniform, I couldn’t fathom what she had been through and all I saw was my little girl and I just wanted to hold her and comfort her. But I knew I couldn’t. It broke my heart. I am against hurting anyone… I would harm myself first. I felt this also made me a liability to my unit and I could not let me be a reason for anyone to be harmed—so I left... Even though I did not fill out the official application to obtain conscientious objector status, I consider myself a conscientious objector to all war.”
On April 29, 2013, PFC Rivera pled to charges of desertion. She was sentenced by the military judge to fourteen months in prison, loss of rank and pay, and a dishonorable discharge; thanks to a pre-trial agreement her sentence was reduced to an actual sentence to ten months of confinement and a bad-conduct discharge.
Kimberly Rivera has been recognized by Amnesty International as a “prisoner of conscience.” She is the mother of four children, ages 11, 9, 4 and 2.
Kimberly Rivera’s request for clemency was accompanied by 495 letters of support, written by family members, friends, as well as members of Amnesty International from 19 countries.
“We have many organizations to thank for the outpouring of support for Kimberly Rivera, including Amnesty International, Courage to Resist, the War Resisters Support Campaign of Canada, Veterans for Peace and Coffee Strong,” said James M. Branum, civilian defense attorney for PFC Rivera. “We also want to recognize the tireless efforts of local supporters in Colorado Springs and San Diego who have taken the time to visit Kim in prison as well as to provide important support to Kim’s family in her absence.”
While the official clemency request is now complete, supporters of PFC Rivera are still encouraged to continue to speak out on her behalf. Letters in support of PFC Rivera’s clemency request can be sent directly to:
Brigadier General Michael A. Bills
c/o Fort Carson Public Affairs Office
1626 Ellis Street
Suite 200, Building 1118
Fort Carson, CO 80913
(fax: 1-719-526-1021)
Supporters are also encouraged to sign an online petition posted at:c/o Fort Carson Public Affairs Office
1626 Ellis Street
Suite 200, Building 1118
Fort Carson, CO 80913
(fax: 1-719-526-1021)
http://www.thepetitionsite.com/752/756/678/free-a-pregnant-war-resister/
Photos: Top-Kimberly with husband Mario
during her court martial. Middle-Kimberly in Canada prior to being
deported. Bottom-Courage to Resist rallies outside Canadian Consulate,
San Francisco CA, prior to Kimberly's forced return.
Initial press release
by The Center for Conscience in Action, an Oklahoma City-based
organization dedicated to the intersection of peace, conscience and
direct action. CCA’s Legal Support Project provides low and no cost
legal representation to military service members seeking discharge on
the grounds of conscience.For more information or to schedule an interview about this subject, please contact James M. Branum, lead defense counsel for PFC Rivera, at 405-494-0562 or girightslawyer(at)gmail(dot)com. Consolidated Brig Miramar generally forbids inmates from doing interviews with the press, but you are welcome to see if an exception can be made by contacting the Brig Public Affairs office at 858-577-7071.
Additional case updates will be posted at couragetoresist.org and freekimberlyrivera.org.
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SAVE CCSF!
Two campaigns that need funds – Please donate!
Cartoon by Anthonty Mata for CCSF Guardsman
DOE CAMPAIGN
We are working to ensure that the ACCJC’s authority is not renewed by the Department of Education this December when they are up for their 5-year renewal. Our campaign made it possible for over 50 Third Party Comments to be sent to the DOE re: the ACCJC. Our next step in this campaign is to send a delegation from CCSF to Washington, D.C. to give oral comments at the hearing on December 12th. We expect to have an array of forces aligned on the other side who have much more money and resources than we do.
So please support this effort to get ACCJC authority revoked!
LEGAL CAMPAIGN
Save CCSF members have been meeting with Attorney Dan Siegel since last May to explore legal avenues to fight the ACCJC. After much consideration, and consultation with AFT 2121’s attorney as well as the SF City Attorney’s office, Dan has come up with a legal strategy that is complimentary to what is already being pursued. In fact, AFT 2121’s attorney is encouraging us to go forward.
The total costs of pursuing this (depositions, etc.) will be substantially more than $15,000. However, Dan is willing to do it for a fixed fee of $15,000. He will not expect a retainer, i.e. payment in advance, but we should start payments ASAP. If we win the ACCJC will have to pay our costs.
PLEASE HELP BOTH OF THESE IMPORTANT EFFORTS!
Checks can be made out to Save CCSF Coalition with “legal” in the memo line and sent to:
Save CCSF Coalition
2132 Prince St.
Berkeley, CA 94705
Or you may donate online: http://www.gofundme.com/4841ns2132 Prince St.
Berkeley, CA 94705
http://www.saveccsf.org/
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16 Years in Solitary Confinement Is Like a "Living Tomb"
American Civil Liberties Union petition to end long-term solitary confinement:
California Corrections Secretary Jeffrey Beard: We stand with the prisoners on hunger strike. We urge you to comply with the US Commission on Safety and Abuse in America’s Prisons 2006 recommendations regarding an end to long-term solitary confinement.
Sign the petition:
https://www.aclu.org/secure/ca-hunger-strike?emsrc=Nat_Appeal_AutologinEnabled&emissue=criminal_justice&emtype=petition&ms=eml_130719_acluaction_cahungerstrike&af=k%2FxKX1cIRdoonPVmvnAfAit8jzOCulLOnCX4AAFljff%2B%2BVOdOHNe6CKwl7glWQSjSakzXt53zF%2FodPf00T3rRHlglO3tjEA6DcMSLJRlTbfVBHAizX6uOxoSy5%2FbP93EBFj5xi6Lwm3RWHjmDOZDARHLBSl1rqTr07kLhONZrnU1UIIgPs0P%2FXQ%2BJL3reyE8%2BoiI1nlfPZPBVhbfYxUzMQ%3D%3D&etname=130719+CA+prisoners+hunger+strike&etjid=946739
In California, hundreds of prisoners have been held in solitary for more than a decade – some for infractions as trivial as reading Machiavelli's "The Prince."
Gabriel Reyes describes the pain of being isolated for at least 22 hours a day for the last 16 years:
“Unless you have lived it, you cannot imagine what it feels like to be by yourself, between four cold walls, with little concept of time…. It is a living tomb …’ I have not been allowed physical contact with any of my loved ones since 1995…I feel helpless and hopeless. In short, I am being psychologically tortured.”
That’s why over 30,000 prisoners in California began a hunger strike – the biggest the state has ever seen. They’re refusing food to protest prisoners being held for decades in solitary and to push for other changes to improve their basic conditions.
California Corrections Secretary Jeffrey Beard has tried to dismiss the strikers and refuses to negotiate, but the media pressure is building through the strike. If tens of thousands of us take action, we can help keep this issue in the spotlight so that Secretary Beard can’t ignore the inhumane treatment of prisoners.
Sign the petition urging Corrections Secretary Beard to end the use of long-term solitary confinement.
Solitary is such an extreme form of punishment that a United Nations torture rapporteur called for an international ban on the practice except in rare occasions. Here’s why:
The majority of the 80,000 people held in solitary in this country are severely mentally ill or because of a minor infraction (it’s a myth that it’s only for violent prisoners)
Even for people with stable mental health, solitary causes severe psychological reactions, often leading people to attempt suicide
It jeopardizes public safety because prisoners held in solitary have a harder time reintegrating into society.
And to add insult to injury, the hunger strikers are now facing retaliation – their lawyers are being restricted from visiting and the strikers are being punished. But the media continues to write about the hunger strike and we can help keep the pressure on Secretary Beard by signing this petition.
Sign the petition urging Corrections Secretary Beard to end the use of long-term solitary confinement.
Our criminal justice system should keep communities safe and treat people fairly. The use of solitary confinement undermines both of these goals – but little by little, we can help put a stop to such cruelty.
Thank you,
Anthony for the ACLU Action team
P.S. The hunger strikers have developed five core demands to address their basic conditions, the main one being an end to long-term solitary confinement. They are:
-End group punishment – prisoners say that officials often punish groups to address individual rule violations
-Abolish the debriefing policy, which is often demanded in return for better food or release from solitary
-End long-term solitary confinement
-Provide adequate and nutritious food
-Expand or provide constructive programming and privileges for indefinite SHU inmates
Sources
“Solitary - and anger - in California's prisons.” Los Angeles Times July 13, 2013
“Pelican Bay Prison Hunger-Strikers' Stories: Gabriel Reyes.” TruthOut July 9, 2013
“Solitary confinement should be banned in most cases, UN expert says.” UN News October 18, 2011
"Stop Solitary - Two Pager" ACLU.org
What you Didn't know about NYPD's Stop and Frisk program !
http://www.youtube.com/watch?feature=player_embedded&v=rfJHx0Gj6ys#at=990
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Egypt: The Next President -- a little Egyptian boy speaks his remarkable mind!
http://www.youtube.com/watch?v=QeDm2PrNV1I
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Wealth Inequality in America
[This is a must see to believe video...bw]
https://www.youtube.com/watch?feature=player_embedded&v=QPKKQnijnsM
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Read the transcription of hero Bradley Manning's 35-page statement explaining why he leaked "state secrets" to WikiLeaks.
March 1, 2013
Alternet
The statement was read by Pfc. Bradley Manning at a providence inquiry for his formal plea of guilty to one specification as charged and nine specifications for lesser included offenses. He pled not guilty to 12 other specifications. This rush transcript was taken by journalist Alexa O'Brien at Thursday's pretrial hearing and first appeared on Salon.com.
http://www.alternet.org/news-amp-politics/bradley-mannings-surprising-statement-court-details-why-he-made-his-historic?akid=10129.229473.UZvQfK&rd=1&src=newsletter802922&t=7
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Call for a Compassionate Release for Lynne Stewart:
Attorney General Eric Holder: 202-514-2001
White House President Obama: 202-456-1414
Bureau of Prisons Director Charles Samuels: 202-307-3198 ext 3
Urgent: Please sign the petition for compassionate release for Lynne Stewart
http://www.change.org/petitions/petition-to-free-lynne-stewart-save-her-life-release-her-now-2
For more information, go to http://www.lynnestewart.org
Write to Lynne Stewart at:
Lynne Stewart #53504-054
??Federal Medical Center, Carswell
PO Box 27137
Fort Worth, TX 76127
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You Have the Right to Remain Silent: NLG Guide to Law Enforcement Encounters
Posted 1 day ago on July 27, 2012, 10:28 p.m. EST by OccupyWallSt
Occupy Wall Street is a nonviolent movement for social and economic justice, but in recent days disturbing reports have emerged of Occupy-affiliated activists being targeted by US law enforcement, including agents from the FBI and Department of Homeland Security. To help ensure Occupiers and allied activists know their rights when encountering law enforcement, we are publishing in full the National Lawyers Guild's booklet: You Have the Right to Remain Silent. The NLG provides invaluable support to the Occupy movement and other activists – please click here to support the NLG.
We strongly encourage all Occupiers to read and share the information provided below. We also recommend you enter the NLG's national hotline number (888-654-3265) into your cellphone (if you have one) and keep a copy handy. This information is not a substitute for legal advice. You should contact the NLG or a criminal defense attorney immediately if you have been visited by the FBI or other law enforcement officials. You should also alert your relatives, friends, co-workers and others so that they will be prepared if they are contacted as well.
You Have the Right to Remain Silent: A Know Your Rights Guide for Law Enforcement Encounters
What Rights Do I Have?
Whether or not you're a citizen, you have rights under the United States Constitution. The Fifth Amendment gives every person the right to remain silent: not to answer questions asked by a police officer or government agent. The Fourth Amendment restricts the government's power to enter and search your home or workplace, although there are many exceptions and new laws have expanded the government's power to conduct surveillance. The First Amendment protects your right to speak freely and to advocate for social change. However, if you are a non-citizen, the Department of Homeland Security may target you based on your political activities.
Standing Up For Free Speech
The government's crusade against politically-active individuals is intended to disrupt and suppress the exercise of time-honored free speech activities, such as boycotts, protests, grassroots organizing and solidarity work. Remember that you have the right to stand up to the intimidation tactics of FBI agents and other law enforcement officials who, with political motives, are targeting organizing and free speech activities. Informed resistance to these tactics and steadfast defense of your and others' rights can bring positive results. Each person who takes a courageous stand makes future resistance to government oppression easier for all. The National Lawyers Guild has a long tradition of standing up to government repression. The organization itself was labeled a "subversive" group during the McCarthy Era and was subject to FBI surveillance and infiltration for many years. Guild attorneys have defended FBI-targeted members of the Black Panther Party, the American Indian Movement, and the Puerto Rican independence movement. The NLG exposed FBI surveillance, infiltration and disruption tactics that were detailed during the 1975-76 COINTELPRO hearings. In 1989 the NLG prevailed in a lawsuit on behalf of several activist organizations, including the Guild, that forced the FBI to expose the extent to which it had been spying on activist movements. Under the settlement, the FBI turned over roughly 400,000 pages of its files on the Guild, which are now available at the Tamiment Library at New York University.
What if FBI Agents or Police Contact Me?
What if an agent or police officer comes to the door?
Do not invite the agents or police into your home. Do not answer any questions. Tell the agent that you do not wish to talk with him or her. You can state that your lawyer will contact them on your behalf. You can do this by stepping outside and pulling the door behind you so that the interior of your home or office is not visible, getting their contact information or business cards and then returning inside. They should cease questioning after this. If the agent or officer gives a reason for contacting you, take notes and give the information to your attorney. Anything you say, no matter how seemingly harmless or insignificant, may be used against you or others in the future. Lying to or misleading a federal agent is a crime. The more you speak, the more opportunity for federal law enforcement to find something you said (even if not intentionally) false and assert that you lied to a federal officer.
Do I have to answer questions?
You have the constitutional right to remain silent. It is not a crime to refuse to answer questions. You do not have to talk to anyone, even if you have been arrested or are in jail. You should affirmatively and unambiguously state that you wish to remain silent and that you wish to consult an attorney. Once you make the request to speak to a lawyer, do not say anything else. The Supreme Court recently ruled that answering law enforcement questions may be taken as a waiver of your right to remain silent, so it is important that you assert your rights and maintain them. Only a judge can order you to answer questions. There is one exception: some states have "stop and identify" statutes which require you to provide identity information or your name if you have been detained on reasonable suspicion that you may have committed a crime. A lawyer in your state can advise you of the status of these requirements where you reside.
Do I have to give my name?
As above, in some states you can be detained or arrested for merely refusing to give your name. And in any state, police do not always follow the law, and refusing to give your name may make them suspicious or more hostile and lead to your arrest, even without just cause, so use your judgment. Giving a false name could in some circumstances be a crime.
Do I need a lawyer?
You have the right to talk to a lawyer before you decide whether to answer questions from law enforcement. It is a good idea to talk to a lawyer if you are considering answering any questions. You have the right to have a lawyer present during any interview. The lawyer's job is to protect your rights. Once you tell the agent that you want to talk to a lawyer, he or she should stop trying to question you and should make any further contact through your lawyer. If you do not have a lawyer, you can still tell the officer you want to speak to one before answering questions. Remember to get the name, agency and telephone number of any investigator who visits you, and give that information to your lawyer. The government does not have to provide you with a free lawyer unless you are charged with a crime, but the NLG or another organization may be able to help you find a lawyer for free or at a reduced rate.
If I refuse to answer questions or say I want a lawyer, won't it seem like I have something to hide?
Anything you say to law enforcement can be used against you and others. You can never tell how a seemingly harmless bit of information might be used or manipulated to hurt you or someone else. That is why the right not to talk is a fundamental right under the Constitution. Keep in mind that although law enforcement agents are allowed to lie to you, lying to a government agent is a crime. Remaining silent is not. The safest things to say are "I am going to remain silent," "I want to speak to my lawyer," and "I do not consent to a search." It is a common practice for law enforcement agents to try to get you to waive your rights by telling you that if you have nothing to hide you would talk or that talking would "just clear things up." The fact is, if they are questioning you, they are looking to incriminate you or someone you may know, or they are engaged in political intelligence gathering. You should feel comfortable standing firm in protection and defense of your rights and refusing to answer questions.
Can agents search my home or office?
You do not have to let police or agents into your home or office unless they have and produce a valid search warrant. A search warrant is a written court order that allows the police to conduct a specified search. Interfering with a warrantless search probably will not stop it and you might get arrested. But you should say "I do not consent to a search," and call a criminal defense lawyer or the NLG. You should be aware that a roommate or guest can legally consent to a search of your house if the police believe that person has the authority to give consent, and your employer can consent to a search of your workspace without your permission.
What if agents have a search warrant?
If you are present when agents come for the search, you can ask to see the warrant. The warrant must specify in detail the places to be searched and the people or things to be taken away. Tell the agents you do not consent to the search so that they cannot go beyond what the warrant authorizes. Ask if you are allowed to watch the search; if you are allowed to, you should. Take notes, including names, badge numbers, what agency each officer is from, where they searched and what they took. If others are present, have them act as witnesses to watch carefully what is happening. If the agents ask you to give them documents, your computer, or anything else, look to see if the item is listed in the warrant. If it is not, do not consent to them taking it without talking to a lawyer. You do not have to answer questions. Talk to a lawyer first. (Note: If agents present an arrest warrant, they may only perform a cursory visual search of the premises to see if the person named in the arrest warrant is present.)
Do I have to answer questions if I have been arrested?
No. If you are arrested, you do not have to answer any questions. You should affirmatively and unambiguously state that you wish to assert your right to remain silent. Ask for a lawyer right away. Do not say anything else. Repeat to every officer who tries to talk to or question you that you wish to remain silent and that you wish to speak to a lawyer. You should always talk to a lawyer before you decide to answer any questions.
What if I speak to government agents anyway?
Even if you have already answered some questions, you can refuse to answer other questions until you have a lawyer. If you find yourself talking, stop. Assert that you wish to remain silent and that you wish to speak to a lawyer.
What if the police stop me on the street?
Ask if you are free to go. If the answer is yes, consider just walking away. If the police say you are not under arrest, but are not free to go, then you are being detained. The police can pat down the outside of your clothing if they have reason to suspect you might be armed and dangerous. If they search any more than this, say clearly, "I do not consent to a search." They may keep searching anyway. If this happens, do not resist because you can be charged with assault or resisting arrest. You do not have to answer any questions. You do not have to open bags or any closed container. Tell the officers you do not consent to a search of your bags or other property.
What if police or agents stop me in my car?
Keep your hands where the police can see them. If you are driving a vehicle, you must show your license, registration and, in some states, proof of insurance. You do not have to consent to a search. But the police may have legal grounds to search your car anyway. Clearly state that you do not consent. Officers may separate passengers and drivers from each other to question them, but no one has to answer any questions.
What if I am treated badly by the police or the FBI?
Write down the officer's badge number, name or other identifying information. You have a right to ask the officer for this information. Try to find witnesses and their names and phone numbers. If you are injured, seek medical attention and take pictures of the injuries as soon as you can. Call a lawyer as soon as possible.
What if the police or FBI threaten me with a grand jury subpoena if I don't answer their questions?
A grand jury subpoena is a written order for you to go to court and testify about information you may have. It is common for the FBI to threaten you with a subpoena to get you to talk to them. If they are going to subpoena you, they will do so anyway. You should not volunteer to speak just because you are threatened with a subpoena. You should consult a lawyer.
What if I receive a grand jury subpoena?
Grand jury proceedings are not the same as testifying at an open court trial. You are not allowed to have a lawyer present (although one may wait in the hallway and you may ask to consult with him or her after each question) and you may be asked to answer questions about your activities and associations. Because of the witness's limited rights in this situation, the government has frequently used grand jury subpoenas to gather information about activists and political organizations. It is common for the FBI to threaten activists with a subpoena in order to elicit information about their political views and activities and those of their associates. There are legal grounds for stopping ("quashing") subpoenas, and receiving one does not necessarily mean that you are suspected of a crime. If you do receive a subpoena, call the NLG National Hotline at 888-NLG-ECOL (888-654-3265) or call a criminal defense attorney immediately.
The government regularly uses grand jury subpoena power to investigate and seek evidence related to politically-active individuals and social movements. This practice is aimed at prosecuting activists and, through intimidation and disruption, discouraging continued activism.
Federal grand jury subpoenas are served in person. If you receive one, it is critically important that you retain the services of an attorney, preferably one who understands your goals and, if applicable, understands the nature of your political work, and has experience with these issues. Most lawyers are trained to provide the best legal defense for their client, often at the expense of others. Beware lawyers who summarily advise you to cooperate with grand juries, testify against friends, or cut off contact with your friends and political activists. Cooperation usually leads to others being subpoenaed and investigated. You also run the risk of being charged with perjury, a felony, should you omit any pertinent information or should there be inconsistencies in your testimony.
Frequently prosecutors will offer "use immunity," meaning that the prosecutor is prohibited from using your testimony or any leads from it to bring charges against you. If a subsequent prosecution is brought, the prosecutor bears the burden of proving that all of its evidence was obtained independent of the immunized testimony. You should be aware, however, that they will use anything you say to manipulate associates into sharing more information about you by suggesting that you have betrayed confidences.
In front of a grand jury you can "take the Fifth" (exercise your right to remain silent). However, the prosecutor may impose immunity on you, which strips you of Fifth Amendment protection and subjects you to the possibility of being cited for contempt and jailed if you refuse to answer further. In front of a grand jury you have no Sixth Amendment right to counsel, although you can consult with a lawyer outside the grand jury room after each question.
What if I don't cooperate with the grand jury?
If you receive a grand jury subpoena and elect to not cooperate, you may be held in civil contempt. There is a chance that you may be jailed or imprisoned for the length of the grand jury in an effort to coerce you to cooperate. Regular grand juries sit for a basic term of 18 months, which can be extended up to a total of 24 months. It is lawful to hold you in order to coerce your cooperation, but unlawful to hold you as a means of punishment. In rare instances you may face criminal contempt charges.
What If I Am Not a Citizen and the DHS Contacts Me?
The Immigration and Naturalization Service (INS) is now part of the Department of Homeland Security (DHS) and has been renamed and reorganized into: 1. The Bureau of Citizenship and Immigration Services (BCIS); 2. The Bureau of Customs and Border Protection (CBP); and 3. The Bureau of Immigration and Customs Enforcement (ICE). All three bureaus will be referred to as DHS for the purposes of this pamphlet.
? Assert your rights. If you do not demand your rights or if you sign papers waiving your rights, the Department of Homeland Security (DHS) may deport you before you see a lawyer or an immigration judge. Never sign anything without reading, understanding and knowing the consequences of signing it.
? Talk to a lawyer. If possible, carry with you the name and telephone number of an immigration lawyer who will take your calls. The immigration laws are hard to understand and there have been many recent changes. DHS will not explain your options to you. As soon as you encounter a DHS agent, call your attorney. If you can't do it right away, keep trying. Always talk to an immigration lawyer before leaving the U.S. Even some legal permanent residents can be barred from returning.
Based on today's laws, regulations and DHS guidelines, non-citizens usually have the following rights, no matter what their immigration status. This information may change, so it is important to contact a lawyer. The following rights apply to non-citizens who are inside the U.S. Non-citizens at the border who are trying to enter the U.S. do not have all the same rights.
Do I have the right to talk to a lawyer before answering any DHS questions or signing any DHS papers?
Yes. You have the right to call a lawyer or your family if you are detained, and you have the right to be visited by a lawyer in detention. You have the right to have your attorney with you at any hearing before an immigration judge. You do not have the right to a government-appointed attorney for immigration proceedings, but if you have been arrested, immigration officials must show you a list of free or low cost legal service providers.
Should I carry my green card or other immigration papers with me?
If you have documents authorizing you to stay in the U.S., you must carry them with you. Presenting false or expired papers to DHS may lead to deportation or criminal prosecution. An unexpired green card, I-94, Employment Authorization Card, Border Crossing Card or other papers that prove you are in legal status will satisfy this requirement. If you do not carry these papers with you, you could be charged with a crime. Always keep a copy of your immigration papers with a trusted family member or friend who can fax them to you, if need be. Check with your immigration lawyer about your specific case.
Am I required to talk to government officers about my immigration history?
If you are undocumented, out of status, a legal permanent resident (green card holder), or a citizen, you do not have to answer any questions about your immigration history. (You may want to consider giving your name; see above for more information about this.) If you are not in any of these categories, and you are being questioned by a DHS or FBI agent, then you may create problems with your immigration status if you refuse to provide information requested by the agent. If you have a lawyer, you can tell the agent that your lawyer will answer questions on your behalf. If answering questions could lead the agent to information that connects you with criminal activity, you should consider refusing to talk to the agent at all.
If I am arrested for immigration violations, do I have the right to a hearing before an immigration judge to defend myself against deportation charges?
Yes. In most cases only an immigration judge can order you deported. But if you waive your rights or take "voluntary departure," agreeing to leave the country, you could be deported without a hearing. If you have criminal convictions, were arrested at the border, came to the U.S. through the visa waiver program or have been ordered deported in the past, you could be deported without a hearing. Contact a lawyer immediately to see if there is any relief for you.
Can I call my consulate if I am arrested?
Yes. Non-citizens arrested in the U.S. have the right to call their consulate or to have the police tell the consulate of your arrest. The police must let your consulate visit or speak with you if consular officials decide to do so. Your consulate might help you find a lawyer or offer other help. You also have the right to refuse help from your consulate.
What happens if I give up my right to a hearing or leave the U.S. before the hearing is over?
You could lose your eligibility for certain immigration benefits, and you could be barred from returning to the U.S. for a number of years. You should always talk to an immigration lawyer before you decide to give up your right to a hearing.
What should I do if I want to contact DHS?
Always talk to a lawyer before contacting DHS, even on the phone. Many DHS officers view "enforcement" as their primary job and will not explain all of your options to you.
What Are My Rights at Airports?
IMPORTANT NOTE: It is illegal for law enforcement to perform any stops, searches, detentions or removals based solely on your race, national origin, religion, sex or ethnicity.
If I am entering the U.S. with valid travel papers can a U.S. customs agent stop and search me?
Yes. Customs agents have the right to stop, detain and search every person and item.
Can my bags or I be searched after going through metal detectors with no problem or after security sees that my bags do not contain a weapon?
Yes. Even if the initial screen of your bags reveals nothing suspicious, the screeners have the authority to conduct a further search of you or your bags.
If I am on an airplane, can an airline employee interrogate me or ask me to get off the plane?
The pilot of an airplane has the right to refuse to fly a passenger if he or she believes the passenger is a threat to the safety of the flight. The pilot's decision must be reasonable and based on observations of you, not stereotypes.
What If I Am Under 18?
Do I have to answer questions?
No. Minors too have the right to remain silent. You cannot be arrested for refusing to talk to the police, probation officers, or school officials, except in some states you may have to give your name if you have been detained.
What if I am detained?
If you are detained at a community detention facility or Juvenile Hall, you normally must be released to a parent or guardian. If charges are filed against you, in most states you are entitled to counsel (just like an adult) at no cost.
Do I have the right to express political views at school?
Public school students generally have a First Amendment right to politically organize at school by passing out leaflets, holding meetings, etc., as long as those activities are not disruptive and do not violate legitimate school rules. You may not be singled out based on your politics, ethnicity or religion.
Can my backpack or locker be searched?
School officials can search students' backpacks and lockers without a warrant if they reasonably suspect that you are involved in criminal activity or carrying drugs or weapons. Do not consent to the police or school officials searching your property, but do not physically resist or you may face criminal charges.
Disclaimer
This booklet is not a substitute for legal advice. You should contact an attorney if you have been visited by the FBI or other law enforcement officials. You should also alert your relatives, friends, co-workers and others so that they will be prepared if they are contacted as well.
NLG National Hotline for Activists Contacted by the FBI
888-NLG-ECOL
(888-654-3265)
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Free Mumia NOW!
Prisonradio.org
Write to Mumia:
Mumia Abu-Jamal AM 8335
SCI Mahanoy
301 Morea Road
Frackville, PA 17932
FOR IMMEDIATE RELEASE Contact: Rachel Wolkenstein
August 21, 2011 (917) 689-4009
MUMIA ABU-JAMAL ILLEGALLY SENTENCED TO
LIFE IMPRISONMENT WITHOUT PAROLE!
FREE MUMIA NOW!
www.FreeMumia.com
http://blacktalkradionetwork.com/profiles/blogs/mumia-is-formally-sentenced-to-life-in-prison-w-out-hearing-he-s
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"A Child's View from Gaza: Palestinian Children's Art and the Fight Against
Censorship" book
https://www.mecaforpeace.org/civicrm/contribute/transact?reset=1&id=25
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Justice for Albert Woodfox and Herman Wallace: Decades of isolation in Louisiana
state prisons must end
Take Action -- Sign Petition Here:
http://www.amnesty.org/en/appeals-for-action/justice-for-albert-woodfox-and-herm\
an-wallace
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WITNESS GAZA
http://www.witnessgaza.com/
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Write to Bradley
http://bradleymanning.org/donate
View the new 90 second "I am Bradley Manning" video:
I am Bradley Manning
http://www.youtube.com/watch?v=o-P3OXML00s
Courage to Resist
484 Lake Park Ave. #41
Oakland, CA 94610
510-488-3559
couragetoresist.org
"A Fort Leavenworth mailing address has been released for Bradley Manning:
Bradley Manning 89289
830 Sabalu Road
Fort Leavenworth, KS 66027
The receptionist at the military barracks confirmed that if someone sends
Bradley Manning a letter to that address, it will be delivered to him."
http://www.bradleymanning.org/news/update-42811
This is also a Facebook event
http://www.facebook.com/event.php?eid=207100509321891#!/event.php?eid=2071005093\
21891
Courage to Resist needs your support
Please donate today:
https://co.clickandpledge.com/sp/d1/default.aspx?wid=38590
"Soldiers sworn oath is to defend and support the Constitution. Bradley Manning
has been defending and supporting our Constitution." --Dan Ellsberg, Pentagon
Papers whistle-blower
Jeff Paterson
Project Director, Courage to Resist
First US military service member to refuse to fight in Iraq
Please donate today.
https://co.clickandpledge.com/sp/d1/default.aspx?wid=38590
P.S. I'm asking that you consider a contribution of $50 or more, or possibly
becoming a sustainer at $15 a month. Of course, now is also a perfect time to
make a end of year tax-deductible donation. Thanks again for your support!
Please click here to forward this to a friend who might also be interested in
supporting GI resisters.
http://ymlp.com/forward.php?id=lS3tR&e=bonnieweinstein@yahoo.com
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The Battle Is Still On To
FREE MUMIA ABU-JAMAL!
The Labor Action Committee To Free Mumia Abu-Jamal
PO Box 16222 • Oakland CA 94610
www.laboractionmumia.org
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KEVIN COOPER IS INNOCENT! FREE KEVIN COOPER!
Reasonable doubts about executing Kevin Cooper
Chronicle Editorial
Monday, December 13, 2010
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/12/13/EDG81GP0I7.DTL
Death penalty -- Kevin Cooper is Innocent! Help save his life from San Quentin's
death row!
http://www.savekevincooper.org/
http://www.savekevincooper.org/pages/essays_content.html?ID=255
URGENT ACTION APPEAL
- From Amnesty International USA
17 December 2010
Click here to take action online:
http://takeaction.amnestyusa.org/siteapps/advocacy/index.aspx?c=jhKPIXPCIoE&\
b=2590179&template=x.ascx&action=15084
To learn about recent Urgent Action successes and updates, go to
http://www.amnestyusa.org/iar/success
For a print-friendly version of this Urgent Action (PDF):
http://www.amnestyusa.org/actioncenter/actions/uaa25910.pdf
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Short Video About Al-Awda's Work
The following link is to a short video which provides an overview of Al-Awda's
work since the founding of our organization in 2000. This video was first shown
on Saturday May 23, 2009 at the fundraising banquet of the 7th Annual Int'l
Al-Awda Convention in Anaheim California. It was produced from footage collected
over the past nine years.
Video: http://www.youtube.com/watch?v=kTiAkbB5uC0&eurl
Support Al-Awda, a Great Organization and Cause!
Al-Awda, The Palestine Right to Return Coalition, depends on your financial
support to carry out its work.
To submit your tax-deductible donation to support our work, go to
http://www.al-awda.org/donate.html
and follow the simple instructions.
Thank you for your generosity!
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D. VIDEO, FILM, AUDIO. ART, POETRY, ETC.:
[Some of these videos are embeded on the BAUAW website:
http://bauaw.blogspot.com/ or bauaw.org ...bw]
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Exceptional art from the streets of Oakland:
Oakland Street Dancing
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NYC RESTAURANT WORKERS DANCE & SING FOR A WAGE HIKE
http://www.youtube.com/watch?v=L_s8e1R6rG8&feature=player_embedded
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On Gun Control, Martin Luther King, the Deacons of Defense and the history of Black Liberation
http://www.youtube.com/watch?v=qzYKisvBN1o&feature=player_embedded
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Fukushima Never Again
http://www.youtube.com/watch?v=LU-Z4VLDGxU
"Fukushima, Never Again" tells the story of the Fukushima nuclear plant meltdowns in north east Japan in March of 2011 and exposes the cover-up by Tepco and the Japanese government.
This is the first film that interviews the Mothers Of Fukushima, nuclear power experts and trade unionists who are fighting for justice and the protection of the children and the people of Japan and the world. The residents and citizens were forced to buy their own geiger counters and radiation dosimeters in order to test their communities to find out if they were in danger.
The government said contaminated soil in children's school grounds was safe and then
when the people found out it was contaminated and removed the top soil, the government and TEPCO refused to remove it from the school grounds.
It also relays how the nuclear energy program for "peaceful atoms" was brought to Japan under the auspices of the US military occupation and also the criminal cover-up of the safety dangers of the plant by TEPCO and GE management which built the plant in Fukushima. It also interviews Kei Sugaoka, the GE nulcear plant inspector from the bay area who exposed cover-ups in the safety at the Fukushima plant and was retaliated against by GE. This documentary allows the voices of the people and workers to speak out about the reality of the disaster and what this means not only for the people of Japan but the people of the world as the US government and nuclear industry continue to push for more new plants and government subsidies. This film breaks
the information blockade story line of the corporate media in Japan, the US and around the world that Fukushima is over.
Production Of Labor Video Project
P.O. Box 720027
San Francisco, CA 94172
www.laborvideo.org
lvpsf@laborvideo.org
For information on obtaining the video go to:
www.fukushimaneveragain.com
(415)282-1908
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1000 year of war through the world
http://www.youtube.com/watch?v=NiG8neU4_bs&feature=share
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Anatomy of a Massacre - Afganistan
http://www.youtube.com/watch?v=v6BnRc11aug&feature=player_embedded
Afghans accuse multiple soldiers of pre-meditated murder
To see more go to http://www.youtube.com/user/journeymanpictures
Follow us on Facebook (http://goo.gl/YRw42) or Twitter
(http://www.twitter.com/journeymanvod)
The recent massacre of 17 civilians by a rogue US soldier has been shrouded in
mystery. But through unprecedented access to those involved, this report
confronts the accusations that Bales didn't act alone.
"They came into my room and they killed my family". Stories like this are common
amongst the survivors in Aklozai and Najiban. As are the shocking accusations
that Sergeant Bales was not acting alone. Even President Karzai has announced
"one man can not do that". Chief investigator, General Karimi, is suspicious
that despite being fully armed, Bales freely left his base without raising
alarm. "How come he leaves at night and nobody is aware? Every time we have
weapon accountability and personal accountability." These are just a few of the
questions the American army and government are yet to answer. One thing however
is very clear, the massacre has unleashed a wave of grief and outrage which
means relations in Kandahar will be tense for years to come: "If I could lay my
hands on those infidels, I would rip them apart with my bare hands."
A Film By SBS
Distributed By Journeyman Pictures
April 2012
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Photo of George Zimmerman, in 2005 photo, left, and in a more recent photo.
http://www.nytimes.com/interactive/2012/04/02/us/the-events-leading-to-the-sooti\
ng-of-trayvon-martin.html?hp
SPD Security Cams.wmv
http://www.youtube.com/watch?v=9WWDNbQUgm4&feature=player_embedded
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Kids being put on buses and transported from school to "alternate locations" in
Terror Drills
http://www.youtube.com/watch?v=qFia_w8adWQ
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Private prisons,
a recession resistant investment opportunity
http://www.youtube.com/watch?v=DIGLDOxx9Vg
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Attack Dogs used on a High School Walkout in MD, Four Students Charged With
"Thought Crimes"
http://www.youtube.com/watch?v=_wafMaML17w
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Common forms of misconduct by Law Enforcement Officials and Prosecutors
http://www.youtube.com/watch?v=ViSpM4K276w&feature=related
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Organizing and Instigating: OCCUPY - Ronnie Goodman
http://arthazelwood.com/instigator/occupy/occupy-birth-video.html
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Rep News 12: Yes We Kony
http://www.youtube.com/watch?v=68GbzIkYdc8
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The New Black by The Mavrix - Official Music Video
https://www.youtube.com/watch?v=Y4rLfja8488
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Japan One Year Later
http://www.onlineschools.org/japan-one-year-later/
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The CIA's Heart Attack Gun
http://www.brasschecktv.com/videos/assassination-studies/the-cias-heart-attack-g\
un-.html
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The Invisible American Workforce
http://www.democracynow.org/2011/8/5/new_expos_tracks_alec_private_prison
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Labor Beat: NATO vs The 1st Amendment
http://www.youtube.com/watch?v=HbQxnb4so3U
For more detailed information, send us a request at mail@laborbeat.org.
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The Battle of Oakland
by brandon jourdan plus
http://vimeo.com/36256273
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Officers Pulled Off Street After Tape of Beating Surfaces
By ANDY NEWMAN
February 1, 2012, 10:56 am
http://cityroom.blogs.nytimes.com/2012/02/01/officers-pulled-off-street-after-ta\
pe-of-beating-surfaces/?ref=nyregion
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This is excellent! Michelle Alexander pulls no punches!
Michelle Alexander, Author of The New Jim Crow, speaks about the political
strategy
behind the War on Drugs and its connection to the mass incarceration of Black
and Brown people in the United States.
http://www.youtube.com/watch?v=P75cbEdNo2U&feature=player_embedded
If you think Bill Clinton was "the first black President" you need to watch this
video and see how much damage his administration caused for the black community
as a result of his get tough attitude on crime that appealed to white swing
voters.
This speech took place at Abyssinian Baptist Church in Harlem on January 12,
2012.
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FREE BRADLEY MANNING
http://www.bradleymanning.org/news/national-call-in-for-bradley
I received the following reply from the White House November 18, 2011 regarding
the Bradley Manning petition I signed:
"Why We Can't Comment on Bradley Manning
"Thank you for signing the petition 'Free PFC Bradley Manning, the accused
WikiLeaks whistleblower.' We appreciate your participation in the We the People
platform on WhiteHouse.gov.
The We the People Terms of Participation explain that 'the White House may
decline to address certain procurement, law enforcement, adjudicatory, or
similar matters properly within the jurisdiction of federal departments or
agencies, federal courts, or state and local government.' The military justice
system is charged with enforcing the Uniform Code of
Military Justice. Accordingly, the White House declines to comment on the
specific case raised in this petition...
That's funny! I guess Obama didn't get this memo. Here's what Obama said about
Bradley:
BRADLEY MANNING "BROKE THE LAW" SAYS OBAMA!
"He broke the law!" says Obama about Bradley Manning who has yet to even be
charged, let alone, gone to trial and found guilty. How horrendous is it for the
President to declare someone guilty before going to trial or being charged with
a crime! Justice in the U.S.A.!
Obama on FREE BRADLEY MANNING protest... San Francisco, CA. April 21, 2011-
Presidential remarks on interrupt/interaction/performance art happening at
fundraiser. Logan Price queries Barack after org. FRESH JUICE PARTY political
action:
http://www.youtube.com/watch?v=IfmtUpd4id0&feature=youtu.be
Release Bradley Manning
Almost Gone (The Ballad Of Bradley Manning)
Written by Graham Nash and James Raymond (son of David Crosby)
http://www.youtube.com/watch?v=dAYG7yJpBbQ&feature=player_embedded
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Julian Assange: Why the world needs WikiLeaks
http://www.youtube.com/watch?v=bVGqE726OAo&feature=player_embedded
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School police increasingly arresting American students?
http://www.youtube.com/watch?v=Zl-efNBvjUU&feature=player_embedded
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FYI:
Nuclear Detonation Timeline "1945-1998"
The 2053 nuclear tests and explosions that took place between 1945 and 1998 are
plotted visually and audibly on a world map.
http://www.youtube.com/watch?v=I9lquok4Pdk&feature=share&mid=5408
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We Are the 99 Percent
We are the 99 percent. We are getting kicked out of our homes. We are forced to
choose between groceries and rent. We are denied quality medical care. We are
suffering from environmental pollution. We are working long hours for little pay
and no rights, if we're working at all. We are getting nothing while the other 1
percent is getting everything. We are the 99 percent.
Brought to you by the people who occupy wall street. Why will YOU occupy?
OccupyWallSt.org
Occupytogether.org
wearethe99percentuk.tumblr.com
http://wearethe99percent.tumblr.com/
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We Are The People Who Will Save Our Schools
YouTube:
http://www.youtube.com/watch?v=lFAOJsBxAxY
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In honor of the 75th Anniversary of the 44-Day Flint Michigan sit-down strike at
GM that began December 30, 1936:
According to Michael Moore, (Although he has done some good things, this clip
isn't one of them) in this clip from his film, "Capitalism a Love Story," it was
Roosevelt who saved the day!):
"After a bloody battle one evening, the Governor of Michigan, with the support
of the President of the United States, Franklin Roosevelt, sent in the National
Guard. But the guns and the soldiers weren't used on the workers; they were
pointed at the police and the hired goons warning them to leave these workers
alone. For Mr. Roosevelt believed that the men inside had a right to a redress
of their grievances." -Michael Moore's 'Capitalism: A Love Story'
- Flint Sit-Down Strike http://www.youtube.com/watch?v=h8x1_q9wg58
But those cannons were not aimed at the goons and cops! They were aimed straight
at the factory filled with strikers! Watch what REALLY happened and how the
strike was really won!
'With babies & banners' -- 75 years since the 44-day Flint sit-down strike
http://links.org.au/node/2681
--Inspiring
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HALLELUJAH CORPORATIONS (revised edition).mov
http://www.youtube.com/watch?v=ws0WSNRpy3g
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ONE OF THE GREATEST POSTS ON YOUTUBE SO FAR!
http://www.youtube.com/watch?v=M8C-qIgbP9o&feature=share&mid=552
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ILWU Local 10 Longshore Workers Speak-Out At Oakland Port Shutdown
http://www.youtube.com/watch?v=3JUpBpZYwms
Uploaded by laborvideo on Dec 13, 2011
ILWU Local 10 longshore workers speak out during a blockade of the Port of
Oakland called for by Occupy Oakland. Anthony Levieges and Clarence Thomas rank
and file members of the union. The action took place on December 12, 2011 and
the interview took place at Pier 30 on the Oakland docks.
For more information on the ILWU Local 21 Longview EGT struggle go to
http://www.facebook.com/groups/256313837734192/
For further info on the action and the press conferernce go to:
http://www.youtube.com/watch?v=Jz3fE-Vhrw8&feature=youtu.be
Production of Labor Video Project www.laborvideo.org
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UC Davis Police Violence Adds Fuel to Fire
By Scott Galindez, Reader Supported News
19 November 11
http://readersupportednews.org/opinion2/275-42/8485-uc-davis-police-violence-add\
s-fuel-to-fire
UC Davis Protestors Pepper Sprayed
http://www.youtube.com/watch?v=6AdDLhPwpp4&feature=player_embedded
Police PEPPER SPRAY UC Davis STUDENT PROTESTERS!
http://www.youtube.com/watch?v=wuWEx6Cfn-I&feature=player_embedded
Police pepper spraying and arresting students at UC Davis
http://www.youtube.com/watch?v=WmJmmnMkuEM&feature=player_embedded
*---------*
UC Davis Chancellor Katehi walks to her car
http://www.youtube.com/watch?feature=player_embedded&v=CZ0t9ez_EGI#!
Occupy Seattle - 84 Year Old Woman Dorli Rainey Pepper Sprayed
http://www.youtube.com/watch?v=TTIyE_JlJzw&feature=related
*---------*
THE BEST VIDEO ON "OCCUPY THE WORLD"
http://www.youtube.com/watch?v=S880UldxB1o
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Shot by police with rubber bullet at Occupy Oakland
http://www.youtube.com/watch?v=I0pX9LeE-g8&feature=player_embedded
*---------*
Copwatch@Occupy Oakland: Beware of Police Infiltrators and Provocateurs
http://www.youtube.com/watch?v=VrvMzqopHH0
*---------*
Occupy Oakland 11-2 Strike: Police Tear Gas, Black Bloc, War in the Streets
http://www.youtube.com/watch?v=0Tu_D8SFYck&feature=player_embedded
*----*
Quebec police admitted that, in 2007, thugs carrying rocks to a peaceful protest
were actually undercover Quebec police officers:
POLICE STATE Criminal Cops EXPOSED As Agent Provocateurs @ SPP Protest
http://www.youtube.com/watch?v=KoiisMMCFT0&feature=player_embedded
*----*
Quebec police admit going undercover at montebello protests
http://www.youtube.com/watch?v=gAfzUOx53Rg&feature=player_embedded
G20: Epic Undercover Police Fail
http://www.youtube.com/watch?v=jrJ7aU-n1L8&feature=player_embedded
*----*
WHAT HAPPENED IN OAKLAND TUESDAY NIGHT, OCTOBER 25:
Occupy Oakland Protest
http://www.youtube.com/watch?v=wlPs-REyl-0&feature=player_embedded
Cops make mass arrests at occupy Oakland
http://www.youtube.com/watch?v=R27kD2_7PwU&feature=player_embedded
Raw Video: Protesters Clash With Oakland Police
http://www.youtube.com/watch?v=CpO-lJr2BQY&feature=player_embedded
Occupy Oakland - Flashbangs USED on protesters OPD LIES
http://www.youtube.com/watch?v=QqNOPZLw03Q&feature=player_embedded
KTVU TV Video of Police violence
http://www.ktvu.com/video/29587714/index.html
Marine Vet wounded, tear gas & flash-bang grenades thrown in downtown
Oakland
http://www.youtube.com/watch?v=cMUgPTCgwcQ&feature=player_embedded
Tear Gas billowing through 14th & Broadway in Downtown Oakland
http://www.youtube.com/watch?v=OU4Y0pwJtWE&feature=player_embedded
Arrests at Occupy Atlanta -- This is what a police state looks like
http://www.youtube.com/watch?v=YStWz6jbeZA&feature=player_embedded
*---------*
Labor Beat: Hey You Billionaire, Pay Your Fair Share
http://www.youtube.com/watch?v=PY8isD33f-I
*---------*
Voices of Occupy Boston 2011 - Kwame Somburu (Paul Boutelle) Part I
http://www.youtube.com/watch?v=DA48gmfGB6U&feature=youtu.be
Voices of Occupy Boston 2011 - Kwame Somburu (Paul Boutelle) Part II
http://www.youtube.com/watch?v=cjKZpOk7TyM&feature=related
*---------*
#Occupy Wall Street In Washington Square: Mohammed Ezzeldin, former occupier of
Egypt's Tahrir Square Speaks at Washington Square!
http://www.youtube.com/watch?v=ziodsFWEb5Y&feature=player_embedded
*---------*
#OccupyTheHood, Occupy Wall Street
By adele pham
http://vimeo.com/30146870
*---------*
Live arrest at brooklyn bridge #occupywallstreet by We are Change
http://www.youtube.com/watch?v=yULSI-31Pto&feature=player_embedded
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FREE THE CUBAN FIVE!
http://www.thecuban5.org/wordpress/index.php
http://www.youtube.com/watch?v=JmS4kHC_OlY&feature=player_embedded
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One World One Revolution -- MUST SEE VIDEO -- Powerful and beautiful...bw
http://www.youtube.com/watch?v=aE3R1BQrYCw&feature=player_embedded
"When injustice becomes law, resistance becomes duty." Thomas Jefferson
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Japan: angry Fukushima citizens confront government (video)
Posted by Xeni Jardin on Monday, Jul 25th at 11:36am
http://www.youtube.com/watch?v=rVuGwc9dlhQ&feature=player_embedded
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Labor Beat: Labor Stands with Subpoenaed Activists Against FBI Raids and Grand
Jury Investigation of antiwar and social justice activists.
"If trouble is not at your door. It's on it's way, or it just left."
"Investigate the Billionaires...Full investigation into Wall Street..." Jesse
Sharkey, Vice
President, Chicago Teachers Union
http://www.youtube.com/watch?v=BSNUSIGZCMQ
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Coal Ash: One Valley's Tale
http://www.youtube.com/watch?v=6E7h-DNvwx4&feature=player_embedded
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