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B. ARTICLES IN FULL
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Drawn
in thick marker along the map of upstate New York, the line snaked down
the Niagara River and zigzagged east to outline a swath of Buffalo and
its surrounding neighborhoods.
But one area of the city — neighborhoods in east Buffalo, where more than 75 percent of the city’s African-American population lives — was explicitly excluded, cut off from access to mortgage credit.
That map, ringed by a line, is at the center of a sweeping investigation by the New York attorney general, Eric T. Schneiderman, into whether banks are “redlining” — deliberately choking off mortgage lending to predominantly minority communities — people briefed on the matter said.
The investigation was expected to reach its first target as early as Tuesday, the people said, with Mr. Schneiderman’s office taking aim at Evans Bank, a regional lender whose business in the Buffalo area dates to 1920, accusing it of denying mortgages to African-Americans regardless of their credit.
The case, expected to accuse Evans Bank of violating the Fair Housing Act — a federal law intended to ensure equal access to credit — is a harbinger of other lawsuits that could be brought against some of the nation’s largest banks, several people briefed on the investigations said.
In the suit, expected to be filed in state court, prosecutors were to outline how, since 2009, Evans Bancorp has created a map that defined the “trade area,” places in the Buffalo metropolitan region where the bank would make mortgages and other loans. The bank, prosecutors contend, deliberately excised much of Buffalo’s East Side.
Rival banks, the authorities said, lent to neighborhoods on the East Side at a far higher rate than Evans Bank, suggesting that the lending patterns did not stem from a dearth of willing minority borrowers.
“We believe that the allegations being made by the New York State attorney general are unfounded and without substance, and we will vigorously defend this complaint through the legal system,” David J. Nasca, president and chief executive of Evans Bank, said in a statement, adding that he was “disappointed” to learn about the pending action.
Mr. Nasca said the bank was “confident that our residential lending practices meet all applicable laws and regulations.”
Also in a statement, Mr. Schneiderman said, “It is crucial that all New Yorkers, regardless of the color of their skin or the racial composition of their neighborhood, be afforded an equal opportunity to obtain credit.”
The suit offers a detailed look at the uneasy state of lending in the United States. In the heady days before the 2008 financial crisis, as Wall Street’s mortgage machine hummed, the nation’s largest banks made loans in black and Hispanic neighborhoods, although often at steep rates. Since then, though, the authorities nationwide have grown concerned that the pendulum has swung too far in the opposite direction, creating a patchy credit drought as banks refuse to lend in those same minority communities where credit once flowed.
That unequal access to credit, the authorities say, threatens to exacerbate the country’s yawning wealth gap. Part of the problem is that the foreclosure crisis disproportionately affected black and Hispanic communities, wiping out billions of dollars of housing wealth, federal mortgage data shows.
Mortgage lending is critical, the authorities say, to bolster homeownership — a cornerstone of upward mobility — in minority communities still trying to dig out from the recession. Denied access to credit, state and federal authorities warn, minority communities are helpless to address problems like boarded-up homes, foreclosures and blight that have long ravaged neighborhoods.
Pointing to the damage wrought, in part, by such problems, the City of Providence, R.I., sued Santander Bank in May, accusing it of systematically refusing to lend in predominantly minority neighborhoods. From 2009 to 2012, the lawsuit said, new mortgages in Providence’s white neighborhoods proliferated while those in minority neighborhoods plummeted by 63 percent a year from the number of new mortgages made in 2006 and 2007.
“It’s a civil rights issue,” said John P. Relman, the lead lawyer in the suit against Santander.
“We categorically reject this accusation and we will vigorously defend ourselves against the legal action,” said a spokesman for Santander, which is fighting the suit. “However, we are willing to work with the City of Providence to allay their concerns.”
Providence is not alone. The city’s lawsuit is one of many cases that have been filed against banks in the aftermath of the financial crisis. The Los Angeles city attorney, Mike Feuer, sued JPMorgan Chase in May, accusing it of both reverse redlining — the practice of steering minority borrowers toward expensive, predatory loans — and traditional redlining.
In a kind of perverse symbiosis, the lawsuit against JPMorgan argues, one practice depends on the other. Reverse redlining comes first, making it difficult for minority communities to obtain loans, except at high rates. Once those loans sour, though, minority communities are left in a credit drought, the suit says.
“These foreclosures often occur when a minority borrower who previously received a predatory loan sought to refinance the loan, only to discover that JPMorgan refused to extend credit at all,” the suit says. The action against JPMorgan came on the heels of similar cases against Wells Fargo and Bank of America.
The original lawsuit against JPMorgan was dismissed, but the city is refiling.
The term “redlining” traces back to the 1930s, when the Federal Housing Administration used red ink to designate areas that the housing agency considered far too risky to receive loans. Since then, the term has come to describe how banks would draw a red line around areas they refused to lend in.
Such a line figures prominently in the lawsuit expected against Evans Bank, according to a copy of the suit reviewed by The New York Times.
Outlining the geographic region where it focused its business, Evans Bank drew a line “bisecting the city,” according the suit. Outside the line — a boundary that prosecutors said excluded “all of the majority African-American neighborhoods” in Buffalo — the bank did not solicit customers or extend mortgage loans.
The city was already racially segregated, but prosecutors contend that Evans Bank’s lending practices only aggravated the divide. Buffalo, a city that, like many along the East Coast, has been battling a prolonged economic downturn, ranked as one the most highly segregated large metropolitan areas in the nation, according to 2010 census data.
The redlining “has had damaging effects over time,” prosecutors say in the lawsuit, “contributing to increased vacancies due to unavailability of new purchase loans and increased deterioration of housing stock.”
Virtually all of the bank’s efforts to attract customers were focused within its so-called trade area, prosecutors say. The “vast majority” of Evans’s print marketing efforts appeared in local newspapers that were not circulated on the East Side of Buffalo, the suit says. Evans Bank also clustered its branches in predominantly white neighborhoods, according to prosecutors. Of its 14 branches throughout New York State, 11 were in Buffalo’s suburbs, which largely consist of white borrowers.
The lending policy at Evans, prosecutors say, walled off people living outside the trade area from qualifying for certain products at all, regardless of their creditworthiness. For example, one loan product, Evans Community Solutions, was available only to borrowers living within the bank’s trade area.
Poring over reams of information from the Home Mortgage Disclosure Act, a federal law requiring banks to report data on their loans so that regulators can identify patterns of racial discrimination, prosecutors discovered a lending gulf. From 2009 to 2012, the data shows, Evans received 1,114 applications for residential mortgages, but only four — or less than 1 percent — came from applicants who identified as African-American.
Because some areas in Buffalo were hit harder by the foreclosure crisis, it makes sense that all lenders, including Evans Bank and its rivals, received fewer applications from minority borrowers.
Still, prosecutors say, Evans Bank’s lending in African-American communities lagged behind its rivals. Compared with other banks that maintained a branch in Buffalo, prosecutors found that Evans “drew mortgage applications from African-American borrowers and East Side borrowers at by far the lowest rate,” the lawsuit says.
Even banks without an office in Buffalo, prosecutors say, managed to make more loans to African-American borrowers in the area at more than “double the rates that Evans did.”
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2) Help Families From Day 1
THE opening of Mayor Bill de Blasio’s universal pre-kindergarten program this week will give 53,000
children access to free, full-day pre-K in New York City, compared with
20,000 enrolled last year. This is well worth celebrating, and other
cities and states should follow suit. But this investment in school
preparation is not enough. If we want to close the income-based achievement gap, we need to begin much earlier.
Families are the ultimate pre-pre-school. Research in neuroscience and other fields has established that parents and caregivers provide a crucial foundation during the first few years of life. Our public policies, however, make it much harder for families, especially families living in poverty, to lay this foundation.
In my research, I have cataloged government policies that undermine parent-child relationships during early childhood. Our legal system, for example, destabilizes low-income, unmarried families, distracting them from parenting. Forty-one percent of children are born to unmarried parents. These parents are usually romantically involved when the child is born, but these relationships often end. Rather than help these ex-partners make the transition into co-parenting relationships, the legal system exacerbates acrimony between them. States impose child support orders that many low-income fathers are unable to pay, creating tremendous resentment for both parents. And courts are not a realistic resource for many unmarried parents, leaving them to work out problems on their own.
Our workplace protection laws likewise do too little to address the needs of families. The dearth of paid parental leave means that many parents have to choose between their job and bonding with their newborn. Our unwillingness to regulate the scheduling of part-time work means that some parents scramble daily to find child care. And our inability to substantially raise the minimum wage means that parents often have to work multiple jobs, limiting time at home.
Finally, land-use policies rarely prioritize building physical environments that facilitate simple but vital parent-child interactions, like going to a playground or the library. Too many impersonal neighborhoods lack spaces where parents and children can spend time with other families, providing much needed social support.
All of these examples, and so many other policies, fly in the face of what we know about the importance of a child’s first few years. When parents are consumed by fractious relationships, it is harder to provide children with the one-on-one interactions that are the building blocks for brain development. When parents have to work multiple low-wage jobs with unpredictable schedules, satisfying the universal advice to read to children is remarkably difficult. When families don’t have access to safe playgrounds, they lack the space for casual play and the opportunity to meet other parents for the all-important kvetch.
I don’t want to rain on the pre-K parade, but we can’t pretend that school preparation begins at age 4. Four is better than 5, but zero is far better than 4.
To promote co-parenting and family stability, we should develop alternatives to the court system. Since 2006, for example, the Australian government has funded Family Relationship Centers, which offer free or low-cost, community-based mediation to help parents who are separating cooperatively manage the transition from one household to two. In the United States, the federal Office of Child Support Enforcement has begun to recognize the importance of connecting fathers with job training and ensuring that fathers have access to their children, efforts that have increased earnings and child support payments. We need to adopt programs like these much more broadly.To help low-wage workers give their children the time and attention critical to child development, we need regulations that allow parents more control over their schedules. Living wage legislation, like Seattle’s recent $15-an-hour provision, and a sizable increase in the earned-income tax credit, one of our most effective poverty-fighting tools, would also go a long way toward helping parents meet their children’s needs.
Finally, to ensure that all families live in neighborhoods that help parents interact easily with their children and other parents, local governments should look to the Stapleton development in Denver. This community, built on a decommissioned airport, includes mixed-income housing, sidewalks, common areas, parks, shops, schools and public transportation. This pattern of development allows families to be together easily and create essential social ties.
But this didn’t just happen. At every stage, Denver’s involvement was key. The city ensured that the plan was part of the sale agreement for the airport, funded needed infrastructure, and sold the land incrementally so the developer did not have to take on the kinds of loans that force quick and cheap development.
Critics will dismiss these ideas as unnecessary intervention in family life, or more big government. But this is simply wrong. Our legal system is already deeply involved in every aspect of family life, from defining what a family is in the first place to subsidizing families through public education and deductions for dependents. The real question is not the magnitude of that involvement, but the ends it serves.
It will take tremendous political will to build a policy framework to improve early childhood. The progress we’ve seen toward universal pre-K is encouraging. Now we need to start on Day 1.
Clare Huntington, a law professor at Fordham, is the author of “Failure to Flourish: How Law Undermines Family Relationships.”
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3) Homeowner Gets 17 Years for Shooting Woman on His Porch
DETROIT — A suburban Detroit homeowner was sentenced to a minimum of 17 years in prison on Wednesday in the death of a woman he shot and killed last November as she stood on the front porch of his house in Dearborn Heights.
The homeowner, Theodore P. Wafer, 55, was found guilty on Aug. 7 of second-degree murder, involuntary manslaughter and a felony weapons charge. Jurors deliberated less than two days.
Mr. Wafer, who had faced the possibility of life in prison, was given a term of 15 to 30 years, as well as two additional years on the weapons charge.
The facts of the case were never in dispute: In the early morning hours of Nov. 2, Renisha McBride, 19, stood on the front porch of Mr. Wafer’s bungalow and pounded at the door, before moving to the side of the house and then back to the front. Minutes later, Mr. Wafer, an airport maintenance worker who had been roused from his sleep, opened the inside front door, fired a single shotgun blast and killed her.The question for jurors was whether Mr. Wafer had acted in self-defense. He testified that he had been asleep in his living-room recliner around 4:30 a.m. when he was jolted awake by pounding on his doors. He was terrified, he said, and within minutes scrambled for his shotgun stashed in a closet, believing that someone was trying to break into his home, just across the city line from Detroit.
“I was upset,” he told the courtroom. “I had a lot of emotions. I was scared. I had fear. I was panicking.”
A friend of Ms. McBride’s testified that earlier in the evening, the two drank vodka and smoked marijuana. Just before 1 a.m., while driving, Ms. McBride hit a parked car within the Detroit city limits, left the scene of the accident and rejected help from neighbors, witnesses said. One witness said that Ms. McBride, who appeared disoriented and was bleeding from her injuries, brushed off a neighbor’s plea to wait for an ambulance.
Her whereabouts for the next several hours remain a mystery. But around 4:30 a.m., she approached Mr. Wafer’s home, a small house on a corner lot. He testified that he had heard loud pounding on the front door, then on the side door.
Mr. Wafer, who has no landline phone, said that he frantically searched for his cellphone, but could not find it. As the banging continued, he said, he went to a closet and retrieved his Mossberg 12-gauge shotgun, which he had loaded less than two weeks earlier after vandals paint-balled his vehicle.
On the morning of Nov. 2, Mr. Wafer was so afraid that his house was about to be invaded, he told the courtroom, that he did not even peek through his vertical blinds to see who was outside, concerned that he might “give away” his position within the house.
He said he opened his front door and, seeing a “figure,” fired one shot through the locked screen door, killing Ms. McBride. Mr. Wafer then found his cellphone and called 911. In a conversation only 18 seconds long, he told the dispatcher that he had shot someone on his front porch who was “banging on my door.”
Michigan law allows lethal force only if a person “honestly and reasonably believes” that it is necessary to prevent imminent death or great bodily harm. Michigan also has a “castle doctrine,” which states that there is no legal requirement for a person to retreat inside his or her home.
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4) Death Penalty Overturned, North Carolina Man Is Released From Prison
RALEIGH, N.C. — Henry Lee McCollum had barely slept in days, terrified that his dream of 31 years — being released from North Carolina’s death row for a crime he did not commit — might not come true.
But finally on Wednesday morning, after one more night of delays, he was driven out of the concertina-wire gates of the central prison in Raleigh, and to the waiting arms of his parents.
“I just thank God I’m out of this place,” Mr. McCollum, 50, said. “Now I want to eat, I want to sleep, and I want to wake up tomorrow and see that this is real.”Despite a judge’s order Tuesday declaring them innocent in a 1983 rape and murder of a child, Mr. McCollum and his half brother, Leon Brown, remained in custody overnight as officials processed the paperwork for their release. But Mr. McCollum finally left the prison around 9:42 a.m. on Wednesday and Mr. Brown, 46, who had been serving a life sentence, was expected to be released this afternoon from another prison in eastern North Carolina, according to his lawyers.
James and Priscilla McCollum, Henry’s father and stepmother, began to cry and shout for joy as the son they call Buddy stepped out in a houndstooth jacket, khaki pants and slate blue tie he’d been given by the lawyers who helped secure his release. The team, from the Center for Death Penalty Litigation, began weeping and hugging as well. Standing a free man in fresh air for the first time in his adult life, Mr. McCollum swatted away gnats as he faced a phalanx of television cameras. He told the reporters that his faith in God had sustained him through years of fear that the legal system that had wrongly incarcerated him would also wrongly take his life.
Mr. McCollum also spoke of the 152 men still on death row in the state prison, whom he called his family.
“You’ve still got innocent people on North Carolina death row,” he said. “Also you’ve got some guys who should not have gotten the death penalty. That’s wrong. You got to do something about those guys.”
Finally free, Mr. McCollum, who like Mr. Brown is mentally disabled (Mr. Brown’s IQ in tests has registered as low as 51) faces the challenge of his life: learning to live in a world he has not experienced since he was a teenager three decades ago. On death row, Mr. McCollum was never allowed to open a door, turn on the light switch, or use a zipper. He never had a cellphone, and until last week had not used the Internet. (He excitedly told his stepmother about his first use of Google Maps days ago, when he saw pictures of her house.)
When he got into the family car, a navy Dodge van, he sheepishly slipped the beige shoulder belt around his neck and let it hang, unsure of how to use it.
The lawyers with the Center for Death Penalty Litigation said that there was no plan to seek redress or to secure money for training from the state to assist with his reintegration into society.
“It’s not like being on probation or parole. It’s just — good luck,” said Gerda Stein, the center’s director of public information. The family did not immediately have plans to seek redress from the government, she said.
For now Mr. McCollum’s father, James, said he wanted to get his son back home to the small town of Bolivia, near Cape Fear.
“We’re going to go home to Bolivia, take a shower,” he said. “Then I’m going to say, ‘Do you want to go fishing? I’m going to teach you how to fish.'” As he got in the driver’s seat to leave, James McCollum put on a hat that said “Jesus Is My Boss.”
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5) Tortured and Raped by Israel, Persecuted by the United States
Tuesday, 02 September 2014 10:11 By Dahr Jamail, Truthout
http://www.truth-out.org/news/item/25910-tortured-and-raped-by-israel-persecuted-by-the-united-states
Twenty-two-year-old Rasmea Odeh, along with 500 other Palestinians, was arrested in 1969 by the Israel Defense Forces (IDF) during a massive security sweep following the 1967 war and occupation of the West Bank.183
At the time, as now, Palestinians who were detained by the IDF were later charged with crimes they did not commit in order to justify their detention.
Charged with bombing a supermarket, while in prison, Odeh was tortured with electrical shock and raped with batons. Her father was tortured in front of her.
She eventually signed a confession to stop IDF personnel from continuing to torture her father.
In March 1979, Odeh was finally released with 60 other prisoners as part of a prisoner exchange for an Israeli soldier. Shortly thereafter she traveled to Geneva, Switzerland, where she gave testimony regarding the torture she suffered at the hands of the IDF.
At the end of the narrative of her torture and imprisonment by the Israelis, she said, "It may have been 10 years, but it felt like 100 years."
Odeh lived in Lebanon after that, then Jordan, until in 1994 she was able to move to the United States to live, since her father was a US citizen.
Ten years later, she became active in the Arab-American community in Chicago, and became the deputy executive director of the Arab American Action Network (AAAN), a community-based nonprofit that provides social services and advocacy, campaigns against anti-Arab discrimination, and organizes for the Arab-American community in the greater Chicago area.
Then, in 2013, 19 years after arriving in the United States and nine years after receiving US citizenship, Odeh was indicted by the US government and charged with immigration fraud, stemming from other charges pulled from her 35-year-old IDF file.
Illegally Charged by Illegal Occupiers
Odeh's lawyer for the case against her in the United States is Michael Deutsch with the People's Law Office in Chicago.
Deutsch told Truthout he believes Odeh's indictment is an attempt to "criminalize her," and has advised her not to speak with the media out of concern something she said might be used against her, given the politically sensitive nature of her case.
"In 2010 the AAAN was investigated by the FBI, and the FBI wanted more information on Rasmea's background and sent a request to the Israeli government to pull her file," Deutsch explained.
Later that same year, the FBI raided the homes of various activists, including Hatem Abudayyeh, the executive director of AAAN.
"Everyone refused to testify at the grand jury, no indictments were made, and possessions seized during the home raids were returned to people," Deutsch said. "But it was during this that they learned of her history in the occupied territories."
The US government claims that Odeh lied when she said she had never been arrested, convicted or imprisoned.
Deutsch is well-versed in cases like Odeh's, given that he was one of the lawyers for the Attica prisoners following the 1971 prison uprising and state massacre. He was also the legal director for the Center for Constitutional Rights in New York City, and has been with the People's Law Office since 1970.
"Our view is that she was asked these questions almost 10 years after coming to this country, and on one level they pertain to the US, and so she said no because the question is ambiguous," Deutsch said. "She thought they were asking her [if she'd been arrested during] her time in the US."
Truthout was provided with a court affidavit for Odeh's US case, within which Mary Fabri, a licensed clinical psychologist who also worked as the senior director of Torture Treatment Services and International Training for the Kovler Center in Chicago, provided the details of Odeh's treatment at the hands of the IDF.
Fabri has diagnosed Odeh with post-traumatic stress disorder (PTSD), and has provided expert opinion that Odeh has suppressed the memories of what happened to her at the hands of the IDF.
"We believe her PTSD affected her state of mind when she answered those questions," Deutsch added. "Like someone who is a battered woman saying she was never married because she suppresses that information so as not to think about it."
Deutsch also sees a legal problem with the US government's attempt to frame Odeh's conviction and persecution by an occupying force as evidence of illegal activity.
"That doesn't hold up to due process or the fundamentals of international law," he said. "These military courts the Israelis set up are illegal under international law, hence, no evidence from them should be used in this case."
Deutsch and others on Odeh's defense team say her indictment is being pushed by the US government as an effort to criminalize those working to educate people about what is really happening in the occupied territories.
"I've seen in other cases I've worked on, a close collaboration between the US and Israeli Justice Departments, and I think the Israelis are more than happy to cooperate with that and condemn her and have her thrown out of the country," Deutsch said.
If Odeh is convicted she automatically loses her citizenship and would be subject to deportation.
Given that the IDF just killed more than 2,000 Palestinians in Gaza, the vast majority of whom were civilians, the possible ramifications of deportation are, indeed, dire.
Pro-Israel Judge Steps Down
The judge for Odeh's case, US District Judge Paul Borman, recently recused himself from her trial after Deutsch and other attorneys accused him of having lifelong ties to the Israeli government.
Borman had angrily refused to recuse himself, but then it was also discovered that his family had financial ties to the supermarket Odeh was accused of bombing.
Borman had also been honored with a civic award in part for his support of Israel, and his family had raised more than $3 million for a pro-Israel charity.
"She's maintained she was not involved," Deutsch said of the bombing. "Even though they all said they'd been tortured and recused their confessions. So she's saying whatever she said [at the time of her detention] was a result of torture and she was not involved [in the bombing]."
Abudayyeh, AAAN's executive director, told Truthout he felt vindicated by Borman's decision to recuse himself.
"It was all about his relationship to Israel," he said of Borman's strong political and financial ties to Israel. "So for him to have ruled that he was offended for being attacked was absolutely disingenuous."
Abudayyeh told Truthout that AAAN is "a very political organization" which believes in "challenging systems of oppression, and working to cause very real change."
Also a member of Odeh's defense committee, Abudayyeh has worked with her more than 10 years, knows her well, and praises her character.
"This is a person who has dedicated her life to social justice," he said of Odeh's character. "For close to 50 years she's been a social justice advocate, working with Palestinian refugees from 1948 to the present. She's a simple woman who's never sought out personal publicity, has no ego, is 67 and still does organizing the old fashioned way."
Attacking Palestinians Abudayyeh sees the indictment against Odeh as part of a broader attack against the Palestinian community in general.
"There is Islamaphobia, and it's moved from being a personal tool of oppression to structural and institutional," he explained. "Even non-prominent Muslims are being caught up in law enforcement entrapment on both coasts now. The majority of the prominent Muslims caught up in that net have in common that they are Palestinian organizers, and are challenging US foreign policy as it relates to Palestine specifically."
Deutsch concurred, drawing a stark analogy.
"From 1969 to the present, the IDF tortures people and we have plenty of evidence of this systematic torture," he said. "If you have Nazi courts, would they put in a conviction from a Nazi court in a US court?"
He remains concerned that despite a new judge being selected for the case, this still may not be a fair trial.
Nevertheless, Deutsch sees the best outcome of the trial as this: "They find the judgment of an occupation military court is not legitimate and therefore they can't put in evidence that she was convicted and imprisoned by this so-called judicial process and thus couldn't be convicted and lose her citizenship," he said.
According to Deutsch, if Odeh were convicted, "It'd be a strong punishment for something that was unjust in the first place."
Abudayyeh told Truthout that a new judge has been randomly appointed to replace Borman: Judge Gershwin Drain.
Born in Detroit, Drain worked as an attorney in the federal defender's office for the Eastern District of Michigan, served as a judge of the 36th District Court for Detroit, served as a judge on the Recorder's Court for Detroit, and served on the Third Circuit Court of Michigan, working in both the civil and criminal divisions of the court.
The next trial date is September 2, where it is expected that introductions will be presented and a second trial date will be set.
Abudayyeh believes Odeh's trial is critically important, and says the case must be won "both in the courtroom and in the streets."
"We know historically in this country that every social justice movement that has been effective has come under attack by law enforcement, and we believe very strongly that this is what is happening to Palestinians here now," Abudayyeh said. "We are winning some battles now, and Palestinians around the world are winning this battle against Israel for the hearts and minds of the world, with the Boycott, Divestment and Sanctions movement. So, this is how the US and Israel are reacting . . . they are attacking us by trying to criminalize us. So if they can take down a community icon like Rasmea, then they think they can criminalize the movement as a whole."
Freedom Archives 522 Valencia Street San Francisco, CA 94110 415 863.9977 www.freedomarchives.org
Questions and comments may be sent to:
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6) I Went to Summons Court and Almost Everyone Was Black or Latino
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7) The Innocent on Death Row
The exoneration of two North Carolina men who spent 30 years in prison — one on death row — provides a textbook example of so much that is broken in the American justice system. And it is further evidence (as though more were needed) that the death penalty is irretrievably flawed as well as immoral.
In late September 1983, an 11-year-old girl named Sabrina Buie was found murdered in a soybean field in Robeson County. She had been raped, beaten with sticks and suffocated with her own underwear.
Within days, police got confessions from two local teenagers, Henry Lee McCollum, 19 at the time, and his half brother, Leon Brown, who was 15. Both were convicted and sentenced to death.
The crime was so horrific that it has echoed for decades through North Carolina politics and beyond. In 1994, after Justice Harry Blackmun of the Supreme Court announced that he opposed capital punishment in all circumstances, Justice Antonin Scalia cited the Buie murder as a case where it was clearly warranted. “How enviable a quiet death by lethal injection compared with that!” he wrote.
On Tuesday, a state judge ordered both men freed after multiple pieces of evidence, some of which had never been turned over to defense lawyers, proved that neither Mr. McCollum nor Mr. Brown was responsible for the crime. DNA taken from a cigarette found at the crime scene matched a different man, Roscoe Artis, who is already serving life in prison for a similar murder committed just weeks after Sabrina Buie’s killing.
Virtually everything about the arrests, confessions, trial and convictions of Mr. McCollum and Mr. Brown was polluted by official error and misconduct.
No physical evidence linked either man to the crime, so their false confessions, given under duress, were the heart of the case the prosecutors mounted against them. Both men’s confessions were handwritten by police after hours of intense questioning without a lawyer or parent present. Neither was recorded, and both men have maintained their innocence ever since.
Equally disturbing, Mr. Artis was a suspect from the start. Three days before the murder trial began, police requested that a fingerprint from the crime scene be tested for a match with Mr. Artis, who had a long history of sexual assaults against women. The test was never done, and prosecutors never revealed the request to the defense.It was not until 2011 that the North Carolina Innocence Inquiry Commission, an independent state agency that had taken on the men’s case, discovered the old fingerprint request. The commission also found that multiple statements in the two confessions were inconsistent with each other and with the facts of the crime. In July, the commission finally got the full case file and matched the DNA to Mr. Artis.
None of these pieces mattered to the prosecution in 1984. The prosecutor on the case, Joe Freeman Britt, was listed in the Guinness Book of World Records as the “deadliest prosecutor” for the nearly 50 death sentences he won during his tenure. Almost all have since been overturned.
Mr. McCollum and Mr. Brown, who are now middle-aged, have a hard road ahead. In addition to the difficulties of adapting to life after three decades behind bars, both are intellectually disabled. (Since their conviction, the Supreme Court has banned the death penalty for both juveniles and those with intellectual disabilities.)
Cases of capital prosecutions based on flimsy evidence or marred by prosecutorial misconduct, not to mention racial bias, are distressingly common. Yet, even as death-penalty supporters insist that only guilty people are sent to their death, it is now clear that Justice Scalia was prepared 20 years ago to allow the execution of a man who, it turns out, was innocent.
How many more remain on death row today? Can the American people be assured that none will be killed by the state? For this reason alone, the death penalty must end.
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8) Another Shadow in Ferguson as Outside Firms Buy and Rent Out Distressed Homes
By MATTHEW GOLDSTEIN
Ethel Walker and her daughter Tasha pay $650 a month to rent a home in Ferguson, Mo., from an investment firm 1,800 miles away in Los Angeles. A few miles from the Walkers, Corey Bryant and his mother are renting a two-bedroom home in Ferguson from the same California firm.
Increasingly, the new landlord in Ferguson and in other close suburbs of St. Louis is an out-of-state investment firm that has been buying distressed homes to rent them out, a consequence of the foreclosures resulting from the financial crisis.
The Aug. 9 shooting death of Michael Brown, an unarmed black teenager, by a white police officer in Ferguson put a spotlight on the racial divisions in the United States and the tactics used by the police. But some housing advocates said the incident should also focus attention on how towns like Ferguson are still reeling from the financial crisis and how that also has contributed to heightened tensions.
Six years after the height of the financial crisis, the housing market in Ferguson remains particularly troubled. Fifty percent of the town’s 6,321 homeowners owe more on their mortgages than their homes are worth, a situation called being underwater. Nationally, 17 percent of homeowners are underwater.
The average home in Ferguson sold for $45,032 last year, up from a low of $28,499 in 2011, but still only about half the average price for a home when the market peaked in 2006, according to RealtyTrac, a company that monitors housing sales and foreclosures. Ferguson’s slow recovery has created an opening for dozens of investment firms, flush with cash, to descend, buy up homes and rent them to mostly low-income residents. The firms account for roughly a quarter of home purchases in Ferguson, according to RealtyTrac.
The institutional money has meant a decline in the number of vacant homes and an increase in rental properties, but it has also raised concerns about the long-term intentions of these mainly out-of-town landlords and whether they will upgrade Ferguson’s aging housing stock.
In Ferguson, 461 families are receiving federal rent subsidies from the Housing Authority of St. Louis County, or roughly 8 percent of the Section 8 vouchers the agency has issued. But the federal subsidies restrict the amount of rent a landlord can charge on a home — one reason the largest institutional investors, like the Blackstone Group, American Homes 4 Rent and Colony American Homes, have largely shunned inner suburbs like Ferguson, where the housing stock tends to be older, in greater need of repair and in poorer neighborhoods.
Into that vacuum have stepped smaller firms like Raineth Housing, which is renting homes to the Walkers and Mr. Bryant and his mother. The firm, co-founded by the financier Edward R. Renwick, is one of the bigger institutional buyers of distressed homes in the St. Louis metropolitan area, acquiring 72 homes in Ferguson, or roughly 5 percent of all the single-family homes sold in the city since 2011, according to RealtyTrac. In the St. Louis metropolitan area, the firm has bought 445 homes in six communities.
Mr. Renwick, who lives in an upscale neighborhood of Los Angeles, said the shooting death of Mr. Brown and the ensuing tense confrontations between the police and residents in Ferguson would not deter his firm from buying properties. “I don’t know anything about policing, but what has happened here is tragic,” said Mr. Renwick, 48, the chief executive of Raineth, which has also bought hundreds of homes in Kansas City, Mo., and Cincinnati with the $50 million it has raised from investors. “Ferguson is a great community.”
In an Aug. 15 letter to investors, Mr. Renwick wrote that while he and his partners were “shocked and saddened” by the death of Mr. Brown and subsequent rioting by some protesters, Ferguson remained an “attractive place to live” with good schools. The firm, which Mr. Renwick runs with his wife, Dehua Chen, and his brother-in-law, Detang Chen, told investors that Raineth planned to keep buying homes in the city and renting them to mainly lower-income families.
Mr. Renwick said the decision to invest in Ferguson and the St. Louis metro area was made by his brother-in-law, who had attended Washington University in St. Louis and developed a fondness for the region. Mr. Renwick, a longtime partner and now a consultant with the Yucaipa Companies, the Los Angeles private equity firm led by the billionaire investor Ronald W. Burkle, said Raineth wanted to make money and make a difference in the communities where it bought homes. He said the firm, which is not affiliated with Yucaipa, made up to 40 percent of its homes eligible to families receiving rent subsidies under Section 8, the federal housing assistance program.
One-third of Ferguson’s 21,000 residents are white and two-thirds are black, making it one of the more integrated suburbs in the St. Louis area. But like other older suburbs, Ferguson has lost a fair share of more affluent residents, and lower-income families have taken their place. Aided by federal subsidies, many African-Americans left St. Louis in the 1980s and 1990s for nearby suburbs, changing the racial makeup of communities and creating tension in some cases.
“In the St. Louis region there has been movement of white flight,” said Chris Krehmeyer, chief executive of Beyond Housing, a nonprofit group that works with low-income families in the St. Louis region. “There’s been a wave of movement over time to far-flung suburbia.”
Other institutional investors that have bought homes in Ferguson and St. Louis County include a subsidiary of Building and Land Technology, a Stamford, Conn., private equity firm, and Jersey Jennings, a Los Angeles firm.
Housing advocates worry about what will happen if investors in firms like Raineth become dissatisfied with the returns from leasing homes to low-income families. The commitment of out-of-state landlords to maintaining properties also is a concern. Tenants and local housing officials have given Raineth mixed grades as a landlord.
Mr. Bryant, 24, who lives on Mueller Avenue in Ferguson, said he and his mother had been generally pleased with their home, which they have rented for four years. He said the landlord’s property manager had been fairly responsive about making repairs, although Mr. Bryant said the house, which has white siding and burgundy trim, “needs to be worked on, or updated.”
The Walkers, who moved into their two-bedroom white brick home on La Motte Lane a year ago, tell a different story. Ethel Walker, 54, a custodian at a local school, said her asthma has worsened because of a persistent mold problem in the house, which she blames on a leaky pipe and water in the basement. More recently, Ms. Walker and her daughter said they had had to deal with raw sewage gurgling up in their yard.
“When you’d flush the toilet it’d come up in the backyard,” Tasha Walker, 31, said.
Still, the Walkers both said they liked the neighborhood and would consider buying the house if the landlord first made more repairs.
“We strive to treat our tenants well,” Mr. Renwick said. “In this particular case, we received a call from the tenant in question about a toilet issue at 8 p.m. on a Saturday and had the problem repaired on Monday.”
Susan Rollins, executive director of the Housing Authority of St. Louis County, said she put Raineth in the “bottom third” of landlords receiving federal rent subsidies when it comes to basic repairs and renovations.
Mr. Renwick said the agency “has never expressed any concerns to us” before now, noting that the housing authority issued rent subsidies for 90 Raineth tenants this year. He added that it can take time to renovate a home with a tenant already living there, like a Raineth house Ms. Rollins visited.
The Walkers’ house is eligible for subsidies, though they do not receive any.
Many of the homes Raineth has bought were built more than 50 years ago and were vacant and in need of renovation. Mr. Renwick said most tenants were single mothers.
Mr. Krehmeyer said the test for investment firms like Raineth could come when they were forced to spend additional money for maintenance. He said the firms could then either sell quickly or simply let the properties deteriorate.
Mr. Renwick said he understood the apprehension of housing advocates, but contended his investors were in it for the long haul. “We’ve designed this so everyone will be happy if we own these homes forever,” he said.
Malcolm Gay contributed reporting from Ferguson, Mo.
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9) Michael Brown Never Faced Serious Felony Charge, St. Louis Official’s Lawyer Says
FERGUSON, Mo. — Michael Brown, the unarmed black teenager shot and killed by a white police officer here last month, had no serious felony cases filed against him as a juvenile, a lawyer for a St. Louis County official said Wednesday.
The details came at a county court hearing over a petition by The St. Louis Post-Dispatch and another news outlet to unseal any juvenile court records that might exist for Mr. Brown. The authorities have said Mr. Brown, 18, had no adult criminal record, and his relatives have told reporters he did not have one as a juvenile, either.
In a court document, lawyers for the newspaper said that Mr. Brown’s background was “a matter of significant public interest,” citing security-camera footage that appeared to show Mr. Brown stealing a box of small cigars from a convenience store minutes before the shooting. They also argued that upon Mr. Brown’s death, the justification for keeping his juvenile records confidential had ended.Cynthia Harcourt, a lawyer for the juvenile officer of St. Louis County Family Court, said after the hearing that she could neither confirm nor deny the existence of a juvenile record for Mr. Brown. Missouri state law prohibits the records of most juvenile court proceedings from being released to the public. But she said Mr. Brown had no juvenile cases involving serious felony charges or convictions, including murder, robbery and assault with a deadly weapon. Those felony records would not be required to be confidential and would have been released, but none exist for Mr. Brown, Ms. Harcourt said.
The judge made no decision on whether to unseal records for lesser offenses, if any existed.
At the same time, Gov. Jay Nixon of Missouri lifted the executive orders that established a state of emergency and activated the National Guard, a sign that Ferguson has been slowly returning to normal after several weeks of unrest over the killing of Mr. Brown on Aug. 9. But the seemingly procedural move illustrated lingering tensions.
Some black leaders have been calling for Mr. Nixon to appoint a special prosecutor to handle the case of the Ferguson police officer, Darren Wilson, who shot Mr. Brown. But by lifting the executive orders, Mr. Nixon appeared to have stripped himself of the power to remove the official now handling the local investigation, Robert P. McCulloch, St. Louis County’s top prosecutor. Mr. McCulloch has a history of showing bias toward law enforcement in police shootings, some black leaders have said, noting that the prosecutor’s parents worked for the St. Louis police and that his father was shot and killed by a black man.
State officials suggested that the governor’s power to remove Mr. McCulloch was tied to the emergency declaration. “The expansive powers of a governor during a state of emergency are temporary, and end when the governor lifts the declaration of emergency,” a spokesman for the Missouri attorney general said in a statement.
Mr. McCulloch has said his office was handling the investigation and the presentation of evidence to a St. Louis County grand jury “in a fair, full and impartial manner.” Mr. Nixon had recently expressed support for Mr. McCulloch and said he wanted the two investigations into Mr. Brown’s death, one county and one federal, to move forward.
Organizers of a highway shutdown next week, aimed at pressuring Mr. Nixon to appoint a special prosecutor, said the governor’s move on Wednesday would attract more attention and protesters to their civil disobedience action. It is set for Wednesday afternoon on Interstate 70 at Hanley Road.
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10) Florida Prosecutors Face Long Odds When Police Use Lethal Force
MIAMI
— For decades Florida has had a history of deadly, racially tinged
police confrontations, many of them involving unarmed men, which have
led to riots, protests and a steady undercurrent of rancor between
minorities and the police. But in the past 20 years, not a single
officer in Florida has been charged with using deadly force.
As a grand jury considers the case of Darren Wilson, the officer who shot and killed Michael Brown on Aug. 9 in Ferguson, Mo., Florida’s experience points to both local and national factors making it extraordinarily difficult to prosecute, let alone convict, law enforcement officials for killing someone in the line of duty. Police officers have the authority to use lethal force if they believe they or others are in danger. More often than not, across the country, that right is one of the factors that make hurdling “beyond a reasonable doubt” a challenging task, prosecutors and defense lawyers said.In Florida, even getting a decision on whether to seek charges is problematic. Three years after a particularly notorious episode in South Beach, a 2011 Memorial Day weekend shooting in which a 22-year-old was killed when the police fired more than 110 bullets at his car after it had stopped, prosecutors have still not decided whether to bring charges against any of the 12 officers, despite pressure to do so. Four bystanders were also wounded during the barrage. The shooting is one of 42 cases involving lethal use of force by the police, some dating back several years, now being reviewed by the Miami-Dade Office of the State Attorney.
Prosecutors and defense lawyers agree that the system is intended to protect police officers and give them the benefit of the doubt, though they can differ sharply on where they think the lines should be drawn.
“The system is incredibly biased in favor of the police and incredibly unfair to victims of police shootings and brutality,” said Jeff Weiner, a prominent criminal defense lawyer in Miami. Still, he added, “Of course the police are out there every day risking their lives and making split-second decisions, and nobody is taking that away from them.”
Prosecutors say the slow pace reflects the need for a thorough, rigorous investigation, adding that cases involving police officers, who must quickly make life-changing decisions, are seldom easy to navigate.
Miami, in particular, has been steeped in police-related shootings. In recent years, that history has included a botched 2011 operation that left four armed robbers dead, one of them a police informant, and seven deadly shootings in 2010 and 2011 that drew the scrutiny of the Justice Department and court oversight of the Miami Police Department.
Some legal experts point to Florida’s track record — no charges against officers in 20 years, according to the Miami-Dade state attorney’s office — to emphasize that the system is burdensome at best and broken at worst.
“What that means is that every shooting has been a good shooting, and that the police have never done anything wrong, and if you believe that, I have a bridge I can sell you,” said Howard Simon, executive director of the American Civil Liberties Union of Florida, who has been sharply critical of the dearth of police prosecutions.
In Miami, which last saw widespread unrest over police shootings in the early 1990s, the county’s top prosecutor, Katherine Fernandez Rundle, said her 26-member team conducted the state’s most thorough investigations of police shootings, beginning with sending two prosecutors to the scene immediately after a shooting. Cases are also automatically referred to the Justice Department for possible civil action, and she said she made a point of meeting with community members.
“It is much better to make the 100 percent decision you are going to tell the community about when you have 100 percent of the information,” she said about the slow pace of the investigations.
No police officers have been charged in cases involving lethal use of force in recent years, she said, because the cases are difficult and because the courts and laws grant officers wide latitude to defend themselves, particularly in Florida. However, her office has prosecuted officers for wrongdoing that did not result in a death.
The courts have ruled that police officers should not be penalized for using bad judgment in dangerous situations, said Don L. Horn, the chief assistant state attorney for administration.
“This does not mean that we believe all the shootings were appropriate,” Mr. Horn said. “We have had shootings that, based on the law, were legally justified but we also concluded were totally unnecessary.”
In many cases, prosecutors must rely on the word of police officers, Mr. Horn said. “And even though we may not believe a certain set of testimony, if we can’t prove it to the contrary, then that’s where we are,” he added.
But the relatives of those who have been killed by police officers lament the decisions not to prosecute and the slow pace of the investigations. As the days turn to months and years, memories fade and public outrage dissipates, all of which takes the pressure off prosecutors, legal experts said.
In one case last year, Israel Hernandez-Llach, 18, a graffiti artist, died of a heart attack after a Miami Beach police officer shocked him with a Taser. The officer said Mr. Hernandez-Llach, who fled after the police saw him tagging a building, had confronted him, prompting the officer to use his Taser to subdue him. Witnesses have disputed that account. Outrage in the community prompted the Florida Department of Law Enforcement to step in and review the Miami Beach Police Department’s investigation.
Supporters of Mr. Hernandez-Llach’s family continue to hold vigils and protests to push for a decision in the case.
“This is something that is very wrong with the system,” said Jorge Estomba, a friend of the family who spoke on its behalf. “This is not a case that, in and of itself, is complex.”
For the family of Raymond Herisse, the 22-year-old who died in South Beach in 2011, the clock has been running for years. The police said Mr. Herisse had been driving recklessly before dawn when he hit parked cars, bumped a police officer on a bike, endangered pedestrians and disobeyed commands to stop. Mr. Herisse was drunk at the time, toxicology reports showed.
Ultimately, Mr. Herisse did stop. About a minute later, 12 officers opened fire.“What happened to Michael Brown is very unfortunate,” said Marwan E. Porter, the Herisse family’s lawyer, of the Ferguson case, “but it pales in comparison to what happened to Raymond Herisse.”
“Their silence on this speaks volumes,” he said of the state attorney’s office.
Frank Ledee, chief of the gang prosecution division and the prosecutor in charge of the case, said the Herisse shooting was one of the more complex cases the office had handled, involving multiple crime scenes and shooting scenes, police officers and victims, and hundreds of witnesses. Thoroughness, he said, takes time, and prosecutors must also keep pace with the county’s other homicides.
Beyond the law, though, charging police officers for illegal use of force can pose a thicket for prosecutors for other reasons.
For starters, police departments investigate themselves, raising serious conflict of interest issues. As part of the same law enforcement team, prosecutors must rely on police work to make their cases and are reluctant to mar these relationships without unassailable evidence, legal experts said.
“I’m not going to cast ill on it,” said Michael R. Band, a former top prosecutor here and now a criminal defense lawyer. “But it’s a fact of life. There is a relationship there.”
And state attorneys are elected, making them vulnerable to political pressure, lawyers said. Police unions wield considerable power in elections.
“They are in bed together, which is why police shootings should be investigated independently,” said Mr. Weiner, the criminal defense lawyer in Miami.
In the end, even if they are charged or indicted, most officers are acquitted by juries. The people who are shot are not always sympathetic in the eyes of jurors; in many cases, they were committing crimes when they were killed. Witnesses can sometimes suffer credibility problems.
By contrast, police officers are often held in high esteem, depending on the jury, and are traditionally viewed as guardians of the community.
“When you are charging a police officer with a crime, you are essentially asking most jurors to look at the world upside down: The good guys are in the defendant’s spot,” said David A. Harris, a University of Pittsburgh law professor who specializes in law enforcement behavior. “Prosecuting police officers successfully is a difficult task even in the strongest cases.”
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11) Fast-Food Workers Seeking Higher Wages Are Arrested During Sit-Ins
Twenty-one workers demanding a $15-an-hour wage were arrested while conducting a sit-in outside a McDonald’s in Times Square on Thursday morning as the fast-food movement for the first time embraced widespread civil disobedience to escalate its fight.
Organizers said several hundred fast-food workers planned to sit in at restaurants in dozens of cities on Thursday. Organizers said the police arrested more than 50 workers in Detroit for such action on Thursday morning. The civil disobedience is intended to draw more attention to the “Fight for Fifteen” movement and to step up pressure on the nation’s fast-food chains.
“I’m doing this for better pay,” said Crystal Harris, a McDonald’s worker from St. Louis, minutes before she sat down in the middle of 42nd Street outside a giant McDonald’s restaurant around 7:30 a.m. on Thursday. “I struggle to make ends meet on $7.50 an hour.”
The protesters carried signs saying, “Low Pay Is Not O.K.,” “On Strike to Lift My Family Up,” and “Whatever It Takes: $15 and Union Rights.” The protesters want McDonald’s and other chains to agree not to fight a unionization drive.
The protests on Thursday were the seventh in a series of one-day strikes, with organizers saying that fast-food workers would walk out at restaurants in more than 100 cities across the United States, with civil disobedience for the first time becoming a major ingredient in the protests.
Ever since the fast-food strikes began in just one city, New York, in November 2012, strategists have focused on expanding the effort to more cities and more workers to increase pressure on chains to set a wage floor of $15 an hour.
The Service Employees International Union, which has spent more than $10 million underwriting the fast-food movement, sought to add more protesters and decibels to the efforts on Thursday by getting home-care aides to join the picket lines for the first time. The S.E.I.U., which represents hundreds of thousands of health care workers and janitors, hopes that the push for $15 will help lift the wages of many home-care workers and other low-wage health care workers.
“With the integration of home-care workers into this effort, this is starting to become a larger low-wage workers movement,” said Kendall Fells, organizing director for the movement, known as Fast Food Forward.
Rob Green, the executive director of the National Council of Chain Restaurants, criticized the sit-ins. “Encouraging activities that put both restaurant workers and their customers in danger of physical harm is not only irresponsible, it’s disturbing,” he said in a statement. “Unions are calling it ‘civil disobedience’ when in reality, this choreographed activity is trespassing and it’s illegal.”
McDonald’s and other chains say that they and their franchise operators pay competitive wages and provide job opportunities that allow many to rise to better jobs in the industry. Fast-food chains have said the one-day strikes have hardly affected business, saying that only a handful of workers have walked out at many restaurants.
Restaurant trade groups have repeatedly denounced the call for a $15 wage, saying it would push up menu prices and result in less hiring of fast-food workers, especially of entry level, low-skilled workers. The International Franchise Association says a $15 wage would wipe out the profit margins at many fast-food restaurants.
LaTonya Allen, a home-care aide in Atlanta who earns $9 an hour, said she was joining a fast-food workers’ protest outside a Burger King on Thursday.
“Earning $15 would make a huge difference,” she said. “It would really help me and my husband pay our bills. It would enable us to do more things together as a family. All we do now is work, work, work.”
Home-care workers were expected to join the fast-food protests in six cities — Atlanta, Boston, Chicago, Cleveland, Detroit and Seattle.
“We’d like to see these protests by home-care workers spread to other cities and states,” said Mary Kay Henry, president of the service employees union. “We’d like it to get as big as the fast-food protests.”
Some economists have warned that if wages for home-care workers rose to $15, that could raise the cost for families and for taxpayers who finance much of the nation’s home care through Medicaid and Medicare.
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12) Fast-Food Workers and Allies Arrested in Nationwide Strikes
Rep. Gwen Moore (D-Wis.) was among numerous people arrested as fast-food workers and their supporters rallied in more than 150 cities on Thursday. Thousands of workers walked out of restaurants and picked up picket signs, demanding that big restaurant chains pay them a living wage of $15-per-hour. Home care workers also participated in the strikes. Moore was arrested in West Milwaukee, Wis., and other arrests were made in New York City, Detroit, Chicago and elsewhere.
"I take great pride in supporting Milwaukee workers as they risk arrest in pursuit of a brighter tomorrow for their families," Moore said in a statement. "I've read their letters, I've heard their calls and I've listened to their stories. I understand their struggle, but more importantly, I see their drive to fight for a future that is equal to their talents and worthy of their dreams."
AFL-CIO President Richard Trumka expressed support for the strikers:
"Working families everywhere applaud the courage of the fast-food workers who are striking today and engaging in acts of civil disobedience in over 150 cities. And we applaud the unity and the collective spirit displayed by members of AFL-CIO state federations and labor councils who have joined today’s protests in solidarity.
This nation was built on the fundamental beliefs that work should be a gateway to the middle class, and that no job should ever trap someone in poverty. That’s why the “Fight for Fifteen” movement is surging and the protests are getting ever louder. It’s time for corporations to hear this resounding message: Every worker deserves a fair wage and the right to form a union without retaliation. We support them."
Kendall Fells, organizing director for Fast Food Forward, explained why protesters were willing to take arrest:
"There has to be civil disobedience because workers don't see any other way to get $15 an hour and a union. There's a long history of this, from the civil rights movement to the farm workers movement."
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13) The Epic Food Fight Between Corporations and Americans Who Want to Eat Healthy
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14) After 41 Years in Solitary, 'Angola Three' Prisoner Renews Fight for Justice
The Guardian writes:
"A remedy to the injustice inflicted on Albert Woodfox by the state is long overdue," said Tessa Murphy, USA campaigner at Amnesty International. "Herman Wallace gained his freedom only to die within days. Justice must not again be so cruelly delayed."
King, who Heiss calls Woodfox's "most tireless advocate," has been fighting for Woodfox’s freedom since his own release. “I may be free from Angola,” he writes on his website, "but Angola will never be free of me.”
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15) The unpublicized impact of a successful BDS action
By Roqayah Chamseddine
Thu, 2014-09-04 18:13- In Homage to the Struggle
http://english.al-akhbar.com/content/unpublicized-impact-successful-bds-action
There is no question as to how immensely successful the Block the Boat protest at the Port of Oakland, led by Arab Resource and Organizing Center (AROC) and arranged with the help of countless organizations, was. Unless you are a supporter of Israel or a journalist at the Oakland Tribune. Thousands of protesters, including an estimated 5,000 who marched on the Port of Oakland on August 16, prevented the Zim Piraeus from unloading by keeping workers from crossing their picket line to enter the port for a historic four days, making it “the longest blockade of an Israeli ship” according to AROC.
The Oakland Tribune, Haaretz, and a number of other outlets, reported that the Israeli-owned Zim Piraeus unloaded its cargo after “delays” but after speaking to a number of distributors whose cargo was being transported by Zim Piraeus I found this to be unmistakably false and misleading.
According to a document from PIERS, a database of US international trade which provides maritime logistics, at least 23 companies are clearly listed as having goods aboard Zim Piraeus – ranging from cucumber pickles and sparkling wine to ceramic tiles and solar swimming pool heaters – with some goods originating in Israel. Though building materials and agricultural produce were listed by PIERS it should be noted that Zim Integrated Shipping Services imports ammunition “manufactured by Israel Manufacturing Industries by Federal Cartridge (Federal Premium Ammunition)” which makes defense ammunition used by U.S. law enforcement and has a weapons contract with the Department of Homeland Security. Federal Premium Ammunition is a subsidiary of Alliant Techsystems, which produces Bushmaster autocannons used by U.S. forces and NATO, the AGM-88 High-speed Anti-Radiation Missile (an air-to-surface missile), Hellfire missile upgrades, and provides other weapons services to the US military and allies. The import report for Zim shows that the ammunitions originated in Israel, at the Port of Haifa and arrived at the Port of Savannah in Georgia.
Zim’s first ship, the Kedmah, was purchased in 1947, before the creation of the State of Israel, and would carry thousand of immigrants to Palestine. In 1948 Zim ships would carry arms and ammunition used to carry out the Nakba, and according to a video published online by Zim Integrated Shipping Services “Zim would play this crucial role every time Israel faced conflict.” Ze'ev Shind, a key Mossad activist who would become managing director of Zim Israel Navigation Co., president of the American-Israel Shipping Co., and Director-General of Israel's Ministry of Communications and Ministry of Defense was the organizers and principal figures organizing immigration to Palestine, according to The Canadian Jewish Chronicle. The role of Zim in the ethnic cleansing of Palestine is well documented, even by Zim sources.
Esteson Co., a direct food and beverage importer and distributor in California, posted on their Facebook page that their “garlic is now rotting on its way to Russia to be offloaded unto (sic) another vessel,” and when contacted for comment it was mentioned that a container of Zeos beer never arrived due to the Port action. All in all, Esteson Co. has not received any of their products as of September 3.
Good Stuff Distributors, located in San Francisco, California, told Al-Akhbar English that not only did they not receive their shipment of Zadona cucumber pickles as of September 3 they do not know where the cargo is and are still waiting to hear from Zadona as to where the items are. A spokesperson for Good Stuff Distributors informed Al-Akhbar English that not only were they unaware of Zim’s ties to Israel they have made it clear to Zadona, of Sinokrot Food Company, that they are to “find another vessel” as Good Stuff Distributors will no longer be using Zim.
Alfa Omega Co., which has trading partners in France, Spain and Greece, disclosed to Al-Akhbar English that their business was “greatly affected”, as they did not receive any of their products, including olives. The spokesperson was clearly unhappy, stating that the targeting of Zim by the Block the Boat protesters, specifically, is the reason that they will now look for another vessel to use for their products, despite having worked with Zim “for years”.
The sales and marketing manager at Carmichael International Service, a customs broker and freight forwarder with laminated glass aboard Zim Piraeus, told Al-Akhbar English that customers did not receive their products as of September 3, but it was due to “delays” and “port congestion,” which is undoubtedly a brazen spin on what transpired at the Port of Oakland. When examining the vessel schedule for the Zim Piraeus, dating back to July and after August 20, we find that there are no analogous delays as there was in Oakland as the vessels usually left the same day or a day after, unlike at the Port of Oakland where the “delay” was at least four days long.
Cynara Worldwide Sourcing Inc., located in Fresno, California, said that all products on the Zim Piraeus were not only never unloaded but that they were sent to Shanghai and they wouldn’t receive them until at least the end of the month. As a result of Block the Boat, the spokesperson told Al-Akhbar English that they have put an immediate halt to “everything on Zim” and will now be looking for other vessels they can use.
The most curious case in regards to Block the Boat is that of American Metals and Chemicals, located in Hollywood, Florida. A representative told Al-Akhbar English that they did not receive their shipment of alkyl sulfonic acid, and that the cargo was diverted to Russia. When asked who they were contacted by the representative stated that a letter was delivered from an attorney’s office, though they could not find the letter at the time of the phonecall so as to disclose which office. The letter stated, in part, that their shipment was “turned away because of the strike” at the Port of Oakland. There was also a follow up telephone call from the same office, letting them know that their products were being diverted.
The remaining consignees listed as having cargo delivered to the Port of Oakland by the Zim Piraeus during the Block the Boat campaign were contacted by Al-Akhbar English but did not immediately return calls for comment on the whereabouts of their goods – based on what was revealed by the 6 companies that did supply information it is not difficult to assume that they faced comparable circumstances. Regardless, Block the Boat was not only successful in keeping the Zim Piraeus from unloading the aforementioned cargo but due specifically to this action a number of companies are now either putting a hold on all products using Zim vessels or reconsidering using Zim, which is not only contrary to what the media has reported but an impressive achievement for the movement for boycotts, divestment and sanctions (BDS) against Israel.
Roqayah Chamseddine is a Sydney based Lebanese-American journalist and commentator. She tweets @roqchams and writes 'Letters From the Underground.'
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Bay
Area United Against War Newsletter
Table
of Contents:
A.
EVENTS AND ACTIONS
B. ARTICLES IN FULL
B. ARTICLES IN FULL
C.
SPECIAL APPEALS AND ONGOING CAMPAIGNS
D.
VIDEO, FILM, AUDIO. ART, POETRY, ETC.
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A.
EVENTS AND ACTIONS
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Fri. Sept. 12
On the 16th anniversary of their unjust imprisonment, come together to say:
Free the Cuban Five!
Special Evening Program featuring renowned Cuban poet Nancy Morejón
Sept.-12-2014-w-Nancy-Morejon_color.jpg
Rally: 5:30pm, 24th and Mission Sts., SF
Program: 7pm, 2969 Mission St., near 26th St., SF
On Sept. 12, the highly esteem and world-renowned Cuban poet, essayist, critic, editor and cultural worker Nancy Morejón will be in the Bay Area. She will read poetry about the Cuban Five hero Antonio Guerrero, and other special selections. The poetry reading will take place at 2969 Mission St. at 7pm.
There will also be an update on the freedom struggle of the Cuban Five, who are unjustly held in U.S. prisons, despite the fact that they were protecting Cuba from terrorists.
Sponsored by the National Committee to Free the Cuban Five.
More info: 415-821-6545 or www.freethefive.org
Endorsers include: ANSWER Coaltion; Bay Area Latin America Solidarity Coalition; Haiti Action Committee; International Committee to Free the Angola 3; Farabundo Martí National Liberation Front (FMLN), Nor. Calif.; FNRP/LIBRE Nor. Calif.; SOaW - San Francisco; Party for Socialism and Liberation; Task Force on the Americas (MITF); Women Organized to Resist and Defend (WORD); Workers World Party.
A.N.S.W.E.R. Coalition
http://www.AnswerCoalition.org
http://www.AnswerSF.org
Answer@AnswerSF.org
2969 Mission St.
415-821-6545
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Fri. Sept. 12
On the 16th anniversary of their unjust imprisonment, come together to say:
Free the Cuban Five!
Special Evening Program featuring renowned Cuban poet Nancy Morejón
Sept.-12-2014-w-Nancy-Morejon_color.jpg
Rally: 5:30pm, 24th and Mission Sts., SF
Program: 7pm, 2969 Mission St., near 26th St., SF
On Sept. 12, the highly esteem and world-renowned Cuban poet, essayist, critic, editor and cultural worker Nancy Morejón will be in the Bay Area. She will read poetry about the Cuban Five hero Antonio Guerrero, and other special selections. The poetry reading will take place at 2969 Mission St. at 7pm.
There will also be an update on the freedom struggle of the Cuban Five, who are unjustly held in U.S. prisons, despite the fact that they were protecting Cuba from terrorists.
Sponsored by the National Committee to Free the Cuban Five.
More info: 415-821-6545 or www.freethefive.org
Endorsers include: ANSWER Coaltion; Bay Area Latin America Solidarity Coalition; Haiti Action Committee; International Committee to Free the Angola 3; Farabundo Martí National Liberation Front (FMLN), Nor. Calif.; FNRP/LIBRE Nor. Calif.; SOaW - San Francisco; Party for Socialism and Liberation; Task Force on the Americas (MITF); Women Organized to Resist and Defend (WORD); Workers World Party.
A.N.S.W.E.R. Coalition
http://www.AnswerCoalition.org
http://www.AnswerSF.org
Answer@AnswerSF.org
2969 Mission St.
415-821-6545
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PEOPLE'S CLIMATE RALLY
n solidarity with the historic September 21 NYC event called by 350.org and
hundreds of local and national environmental, trade union and social justice
organizations across the country.
All Out for Sun., Sept. 21
2 pm – 5 pm
Oakland's Lake Merritt Park Amphitheater
Amphitheater is the new grassy area at the end of Lake Merritt near 12th
Street, across from the Henry J. Kaiser Center, a few blocks from Lake Merritt BART
Station.
The historic NYC protest on Sunday, September 21 is 2 days before the UN
Climate Summit of world leaders. Tragically, more inaction or inadequate
action can be expected. We want to show the world that the climate crisis
can no longer be ignored, that the planet earth is burning, that massive &
unprecedented measures must be taken now to assure humanity’s future.
The People’s Climate March is shaping up to be one of the largest climate
justice mobilizations in history, with organizers of the march setting a goal of getting a half million people to demonstrate in NYC.
For additional information: http://peoplesclimatemarch.org
While people all over the country are mobilizing for New York, many of us will
gather in support in Oakland.
Let's make the West Coast Solidarity action a great success!
• For a world with an economy that works for people and the planet
• For a world safe from the ravages of climate change
• For a world with good jobs, clean air and water, peace and justice and
healthy communities
Bay Area September 21 Coalition: Co-sponsors (Very initial list! Add your
organization now!): 350 Bay Area; Sunflower Alliance; System Change Not
Climate Change; KPFA; Peninsula Peace and Justice Center; Social Justice
Committee/Berkeley Fellowship of Unitarian Universalists; Our Place in the
World; Adam Hochschild, author/founder Mother Jones magazine; Green Party of
Alameda County; United National Antiwar Coalition; Democratic Socialists East
Bay; Alameda County Peace and Freedom Party; No. Calif. Committees of
Correspondence for Democracy and Socialism; Socialist Action; Mobilization to
Free Mumia Abu-Jamal; Oakland Socialist Group; Bay Area Solidarity; Dr. Jack
Rasmus, Host, Alternative Visions Radio Show/Progressive Radio Network;
International Socialist Organization; San Francisco Bay View newspaper; One
Hundred Thousand Poets for Change; CodePink Bay Area; Multifaith Voices for
Peace & Justice; Food & Water Watch; Cesar Chavez Holiday Parade and Festival;
San Jose Peace and Justice Center, Bay Area IWW; 350 Santa Cruz; SF Sierra
Club; Peace Action of San Mateo County; Solar Justice; Sonoma County Peace and
Justice Center; Project Censored
Send your endorsement to: endorse@BayAreaSept21.org
n solidarity with the historic September 21 NYC event called by 350.org and
hundreds of local and national environmental, trade union and social justice
organizations across the country.
All Out for Sun., Sept. 21
2 pm – 5 pm
Oakland's Lake Merritt Park Amphitheater
Amphitheater is the new grassy area at the end of Lake Merritt near 12th
Street, across from the Henry J. Kaiser Center, a few blocks from Lake Merritt BART
Station.
The historic NYC protest on Sunday, September 21 is 2 days before the UN
Climate Summit of world leaders. Tragically, more inaction or inadequate
action can be expected. We want to show the world that the climate crisis
can no longer be ignored, that the planet earth is burning, that massive &
unprecedented measures must be taken now to assure humanity’s future.
The People’s Climate March is shaping up to be one of the largest climate
justice mobilizations in history, with organizers of the march setting a goal of getting a half million people to demonstrate in NYC.
For additional information: http://peoplesclimatemarch.org
While people all over the country are mobilizing for New York, many of us will
gather in support in Oakland.
Let's make the West Coast Solidarity action a great success!
• For a world with an economy that works for people and the planet
• For a world safe from the ravages of climate change
• For a world with good jobs, clean air and water, peace and justice and
healthy communities
Bay Area September 21 Coalition: Co-sponsors (Very initial list! Add your
organization now!): 350 Bay Area; Sunflower Alliance; System Change Not
Climate Change; KPFA; Peninsula Peace and Justice Center; Social Justice
Committee/Berkeley Fellowship of Unitarian Universalists; Our Place in the
World; Adam Hochschild, author/founder Mother Jones magazine; Green Party of
Alameda County; United National Antiwar Coalition; Democratic Socialists East
Bay; Alameda County Peace and Freedom Party; No. Calif. Committees of
Correspondence for Democracy and Socialism; Socialist Action; Mobilization to
Free Mumia Abu-Jamal; Oakland Socialist Group; Bay Area Solidarity; Dr. Jack
Rasmus, Host, Alternative Visions Radio Show/Progressive Radio Network;
International Socialist Organization; San Francisco Bay View newspaper; One
Hundred Thousand Poets for Change; CodePink Bay Area; Multifaith Voices for
Peace & Justice; Food & Water Watch; Cesar Chavez Holiday Parade and Festival;
San Jose Peace and Justice Center, Bay Area IWW; 350 Santa Cruz; SF Sierra
Club; Peace Action of San Mateo County; Solar Justice; Sonoma County Peace and
Justice Center; Project Censored
Send your endorsement to: endorse@BayAreaSept21.org
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Please forward and post widely
Protest Now! No To Police Censorship of Mumia, and Teachers!
Reinstate the Urban Dreams Website!
Action Still Needed! Please send messages to the School Board!
- Scroll down for School Board addresses -
Here’s what happened: Under pressure from the Fraternal Order of Police (FOP)—operating through a friendly publicity agent called Fox News—the Oakland Unified School District (OUSD) earlier this year shut down an entire website composed of teacher-drafted curriculum material called Urban Dreams. Why? Because this site included course guidelines on the censorship of innocent political prisoner Mumia Abu-Jamal! The course material compared the censorship of Mumia’s extensive radio commentaries and writings, with that of Dr. Martin Luther King Jr’s later writings, which focused on class exploitation and his opposition to the US’ imperialist War against Vietnam. Both were effectively silenced by the big media, including in Mumia’s case, by National Public Radio (NPR).
Mumia Is Innocent! But He’s Still a Top Target of FOP
Abu-Jamal has long been a top-row target for the FOP, which tried to get him legally killed for decades. Mumia was framed by the Philadelphia police and falsely convicted of murdering a Philadelphia policeman in 1982, with the extensive collaboration of lying prosecutors, corrupt courts, the US Justice Department, and key political figures.
Mumia’s death sentence was dropped only when a federal appeals court judge set it aside because of blatantly illegal jury instructions by the original highly racist trial judge. (The same federal judge upheld every bogus detail of Mumia’s conviction.) The local Philadelphia prosecutor and politicians chickened out of trying to get Mumia’s original death sentence reinstated due to the fact that all their evidence of his guilt had long been exposed as totally fraudulent!
FOP: Can’t Kill Him? Silence Him!
The FOP had to swallow the fact that the local mucky-mucks had dropped the ball on executing Mumia, but they were rewarded with a substitute sentence of life without the possibility of parole, imposed by a local court acting in secret. Mumia is now serving this new and equally unjust sentence of “slow death.”
This gets us back to the FOP’s main point here, which is to silence Mumia. They can’t stop Mumia from writing and recording his world-renownd commentaries (which are available at Prison Radio, www.prisonradio.org). But they look for any opportunity to smear and discredit Mumia, and keep him out of the public eye; and these snakes have found a morsel on the Urban Dreams web site to go after!
Urban Dreams Was Well Used by Teachers
Urban Dreams was initially set up under a grant from the federal Dept. of Education in 1999-2004 and contains teacher-written material on a wide variety of issues. It is (was) used extensively in California and beyond. The OUSD’s knee-jerk reaction to shut the whole site down because of a complaint from police, broadcast on the all-powerful Fox News network, shows the rapid decline of the US into police-state status. Why should we let a bunch of lying, vicious cops, whose only real job is to protect the wealthy and powerful from all of us, get away with this?
Fresh from defeating Obama’s nominee to head the Civil Rights Division of the Justice Department because he served for a period as Mumia’s attorney, the FOP is attacking a school lesson plan that asks students to think outside the box of system propaganda. But the grave-diggers of capitalist oppression are stirring.
Labor Says No To Police Persecution of Mumia!
In 1999, the Oakland teachers union, Oakland Education Association (OEA), held an unauthorized teach-in on Mumia and the death penalty. Later the same year, longshore workers in the International Longshore and Warehouse Union (ILWU) shut down all West-Coast ports to Free Mumia. Other teacher actions happened around the country and internationally. And now the Alameda County Labor Council, acting on a resolution submitted by an OEA member, has denounced the FOP-inspired shutdown of Urban Dreams, and called for the site’s complete restoration (ie no deletions).
Labor Says No To Censorship of Mumia, and Teachers!
We are asking union members particularly, and everyone else as well, if you abhor police-sponsored censorship of school curricula, and want to see justice and freedom for the wrongfully convicted such as Mumia Abu-Jamal, send your message of protest now to the Oakland School Board, at the three addresses below.
Union members: take the resolution below to your local union or labor council, and get it passed!
Whatever you do, send a copy of your protest letter or resolution, or a report of your actions, to Oakland Teachers for Mumia, at communard2@juno.com.
Here is the Alameda County Labor Council resolution:
_ _ _ _ _ _ _ _ _ _ _ _
Labor Speaks: Urban Dreams Censorship Resolution
Alameda County Labor Council
Whereas Mumia Abu-Jamal, an award winning journalist, defender of the rights of the working class, people of color, and oppressed people has been imprisoned since 1982 without parole for a crime he didn’t commit after his death sentence was finally overturned;
Whereas the Oakland Unified School District’s censorship of the Urban Dreams website was in reaction to a Fox News and Fraternal Order of Police attack on a lesson plan asking students to consider a parallel between censorship of Martin Luther King’s radical ideas and censorship of Mumia Abu-Jamal, and;
Whereas it is dangerous and unacceptable to allow the police to determine the curriculum of a major school district like Oakland, or any school district;
Whereas removal of the Urban Dreams OUSD website denies educators and student access to invaluable curriculum resources by Oakland teachers with social justice themes promoting critical thinking, and;
Whereas in 1999, the Oakland Education Association led the teach-in on Mumia Abu-Jamal and the death penalty which helped deepen the debate in the U.S. on the death penalty itself, and greatly intensified the spotlight on the widespread issue of wrongful conviction and demanded justice for Mumia Abu-Jamal, and;
Whereas OEA and Alameda Contra Costa County Service Center of CTA cited the Mumia teach-in and the censored unit on Martin Luther King Jr. in its Human Rights WHO AWARD for 2013;
Be it resolved that the Alameda Labor Council condemns OUSD’s censorship of the Urban Dreams website and demands that it immediately restore access to all materials on the website, reaffirms its demand for justice for Mumia Abu-Jamal, and issues a press release to seek the widest possible support from defenders of free speech and those who seek justice for Mumia.
- Submitted by Keith Brown, OEA
- Passed, Alameda County Labor Council, 14 July 2014
_ _ _ _ _ _ _ _ _ _ _ _
Now It’s your turn!
Join with Ed Asner, and with the Alameda County Labor Council, in protesting the
Oakland School Board’s censorship of the Urban Dreams web site!
• Ask your local union, labor council or other organization to endorse the resolution by the Alameda County Labor Council.
• Demand the School Board reinstate the Urban Dreams website without any deletions!
• Send your union resolutions or letters of protest to the following;
1. Oakland Board of Education: boe@ousd.k12.ca.us
2. Board President Davd Kakishiba: David.Kakishiba@ousd.k12.ca.us
3. Superintendent Antwan Wilson: Antwan.Wilson@ousd.k12.ca.us
Important: Send a copy of your resolution or email to:
Bob Mandel/Teachers for Mumia at: communard2@juno.com.
Thank you for your support!
-This message is from the Labor Action Committee To Free Mumia Abu-Jamal,
and Oakland Teachers for Mumia.
communard2@juno.com.
Please forward and post widely
Protest Now! No To Police Censorship of Mumia, and Teachers!
Reinstate the Urban Dreams Website!
Action Still Needed! Please send messages to the School Board!
- Scroll down for School Board addresses -
Here’s what happened: Under pressure from the Fraternal Order of Police (FOP)—operating through a friendly publicity agent called Fox News—the Oakland Unified School District (OUSD) earlier this year shut down an entire website composed of teacher-drafted curriculum material called Urban Dreams. Why? Because this site included course guidelines on the censorship of innocent political prisoner Mumia Abu-Jamal! The course material compared the censorship of Mumia’s extensive radio commentaries and writings, with that of Dr. Martin Luther King Jr’s later writings, which focused on class exploitation and his opposition to the US’ imperialist War against Vietnam. Both were effectively silenced by the big media, including in Mumia’s case, by National Public Radio (NPR).
Mumia Is Innocent! But He’s Still a Top Target of FOP
Abu-Jamal has long been a top-row target for the FOP, which tried to get him legally killed for decades. Mumia was framed by the Philadelphia police and falsely convicted of murdering a Philadelphia policeman in 1982, with the extensive collaboration of lying prosecutors, corrupt courts, the US Justice Department, and key political figures.
Mumia’s death sentence was dropped only when a federal appeals court judge set it aside because of blatantly illegal jury instructions by the original highly racist trial judge. (The same federal judge upheld every bogus detail of Mumia’s conviction.) The local Philadelphia prosecutor and politicians chickened out of trying to get Mumia’s original death sentence reinstated due to the fact that all their evidence of his guilt had long been exposed as totally fraudulent!
FOP: Can’t Kill Him? Silence Him!
The FOP had to swallow the fact that the local mucky-mucks had dropped the ball on executing Mumia, but they were rewarded with a substitute sentence of life without the possibility of parole, imposed by a local court acting in secret. Mumia is now serving this new and equally unjust sentence of “slow death.”
This gets us back to the FOP’s main point here, which is to silence Mumia. They can’t stop Mumia from writing and recording his world-renownd commentaries (which are available at Prison Radio, www.prisonradio.org). But they look for any opportunity to smear and discredit Mumia, and keep him out of the public eye; and these snakes have found a morsel on the Urban Dreams web site to go after!
Urban Dreams Was Well Used by Teachers
Urban Dreams was initially set up under a grant from the federal Dept. of Education in 1999-2004 and contains teacher-written material on a wide variety of issues. It is (was) used extensively in California and beyond. The OUSD’s knee-jerk reaction to shut the whole site down because of a complaint from police, broadcast on the all-powerful Fox News network, shows the rapid decline of the US into police-state status. Why should we let a bunch of lying, vicious cops, whose only real job is to protect the wealthy and powerful from all of us, get away with this?
Fresh from defeating Obama’s nominee to head the Civil Rights Division of the Justice Department because he served for a period as Mumia’s attorney, the FOP is attacking a school lesson plan that asks students to think outside the box of system propaganda. But the grave-diggers of capitalist oppression are stirring.
Labor Says No To Police Persecution of Mumia!
In 1999, the Oakland teachers union, Oakland Education Association (OEA), held an unauthorized teach-in on Mumia and the death penalty. Later the same year, longshore workers in the International Longshore and Warehouse Union (ILWU) shut down all West-Coast ports to Free Mumia. Other teacher actions happened around the country and internationally. And now the Alameda County Labor Council, acting on a resolution submitted by an OEA member, has denounced the FOP-inspired shutdown of Urban Dreams, and called for the site’s complete restoration (ie no deletions).
Labor Says No To Censorship of Mumia, and Teachers!
We are asking union members particularly, and everyone else as well, if you abhor police-sponsored censorship of school curricula, and want to see justice and freedom for the wrongfully convicted such as Mumia Abu-Jamal, send your message of protest now to the Oakland School Board, at the three addresses below.
Union members: take the resolution below to your local union or labor council, and get it passed!
Whatever you do, send a copy of your protest letter or resolution, or a report of your actions, to Oakland Teachers for Mumia, at communard2@juno.com.
Here is the Alameda County Labor Council resolution:
_ _ _ _ _ _ _ _ _ _ _ _
Labor Speaks: Urban Dreams Censorship Resolution
Alameda County Labor Council
Whereas Mumia Abu-Jamal, an award winning journalist, defender of the rights of the working class, people of color, and oppressed people has been imprisoned since 1982 without parole for a crime he didn’t commit after his death sentence was finally overturned;
Whereas the Oakland Unified School District’s censorship of the Urban Dreams website was in reaction to a Fox News and Fraternal Order of Police attack on a lesson plan asking students to consider a parallel between censorship of Martin Luther King’s radical ideas and censorship of Mumia Abu-Jamal, and;
Whereas it is dangerous and unacceptable to allow the police to determine the curriculum of a major school district like Oakland, or any school district;
Whereas removal of the Urban Dreams OUSD website denies educators and student access to invaluable curriculum resources by Oakland teachers with social justice themes promoting critical thinking, and;
Whereas in 1999, the Oakland Education Association led the teach-in on Mumia Abu-Jamal and the death penalty which helped deepen the debate in the U.S. on the death penalty itself, and greatly intensified the spotlight on the widespread issue of wrongful conviction and demanded justice for Mumia Abu-Jamal, and;
Whereas OEA and Alameda Contra Costa County Service Center of CTA cited the Mumia teach-in and the censored unit on Martin Luther King Jr. in its Human Rights WHO AWARD for 2013;
Be it resolved that the Alameda Labor Council condemns OUSD’s censorship of the Urban Dreams website and demands that it immediately restore access to all materials on the website, reaffirms its demand for justice for Mumia Abu-Jamal, and issues a press release to seek the widest possible support from defenders of free speech and those who seek justice for Mumia.
- Submitted by Keith Brown, OEA
- Passed, Alameda County Labor Council, 14 July 2014
_ _ _ _ _ _ _ _ _ _ _ _
Now It’s your turn!
Join with Ed Asner, and with the Alameda County Labor Council, in protesting the
Oakland School Board’s censorship of the Urban Dreams web site!
• Ask your local union, labor council or other organization to endorse the resolution by the Alameda County Labor Council.
• Demand the School Board reinstate the Urban Dreams website without any deletions!
• Send your union resolutions or letters of protest to the following;
1. Oakland Board of Education: boe@ousd.k12.ca.us
2. Board President Davd Kakishiba: David.Kakishiba@ousd.k12.ca.us
3. Superintendent Antwan Wilson: Antwan.Wilson@ousd.k12.ca.us
Important: Send a copy of your resolution or email to:
Bob Mandel/Teachers for Mumia at: communard2@juno.com.
Thank you for your support!
-This message is from the Labor Action Committee To Free Mumia Abu-Jamal,
and Oakland Teachers for Mumia.
communard2@juno.com.
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B. ARTICLES IN FULL
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1) New York Set to Accuse Evans Bank of Redlining
By JESSICA SILVER-GREENBERG
2) Help Families From Day 1
3) Homeowner Gets 17 Years for Shooting Woman on His Porch
4) Death Penalty Overturned, North Carolina Man Is Released From Prison
5) Tortured and Raped by Israel, Persecuted by the United States
Tuesday, 02 September 2014 10:11 By Dahr Jamail, Truthout
http://www.truth-out.org/news/item/25910-tortured-and-raped-by-israel-persecuted-by-the-united-states
6) I Went to Summons Court and Almost Everyone Was Black or Latino
By JESSICA SILVER-GREENBERG
2) Help Families From Day 1
By CLARE HUNTINGTON
By MARY M. CHAPMAN
By JONATHAN M. KATZ
5) Tortured and Raped by Israel, Persecuted by the United States
Tuesday, 02 September 2014 10:11 By Dahr Jamail, Truthout
http://www.truth-out.org/news/item/25910-tortured-and-raped-by-israel-persecuted-by-the-united-states
6) I Went to Summons Court and Almost Everyone Was Black or Latino
Minorities who commit minor offenses are more likely than whites to be targeted for summonses.
By Aaron Cantú
September 3. 2014
http://www.alternet.org/civil-liberties/i-went-summons-court-and-almost-everyone-was-black-or-latino?akid=12200.229473.By4M9n&rd=1&src=newsletter1017948&t=4&paging=off¤t_page=1#bookmark
7) The Innocent on Death Row
8) Another Shadow in Ferguson as Outside Firms Buy and Rent Out Distressed Homes
By MATTHEW GOLDSTEIN
By MATTHEW GOLDSTEIN
9) Michael Brown Never Faced Serious Felony Charge, St. Louis Official’s Lawyer Says
10) Florida Prosecutors Face Long Odds When Police Use Lethal Force
11) Fast-Food Workers Seeking Higher Wages Are Arrested During Sit-Ins
12) Fast-Food Workers and Allies Arrested in Nationwide Strikes
13) The Epic Food Fight Between Corporations and Americans Who Want to Eat Healthy
12) Fast-Food Workers and Allies Arrested in Nationwide Strikes
09/04/2014
http://www.aflcio.org/Blog/Organizing-Bargaining/Fast-Food-Workers-and-Allies-Arrested-in-Nationwide-Strikes
The United States cannot afford food capitalism, given the interaction between health care costs and the Western diet.
By Ben Agger
September 4, 2014
http://www.alternet.org/food/contested-terrain-american-dinner-plate?akid=12202.229473.lDNhaU&rd=1&src=newsletter1018096&t=14&paging=off¤t_page=1#bookmark
14) After 41 Years in Solitary, 'Angola Three' Prisoner Renews Fight for Justice
15) The unpublicized impact of a successful BDS action
By Roqayah Chamseddine
Thu, 2014-09-04 18:13- In Homage to the Struggle
http://english.al-akhbar.com/content/unpublicized-impact-successful-bds-action
Albert
Woodfox, last remaining prisoner of the Angola Three, seeks to sue
prison authorities for constitutional rights violations
by Nadia Prupis
http://www.commondreams.org/news/2014/09/04/after-41-years-solitary-angola-three-prisoner-renews-fight-justice15) The unpublicized impact of a successful BDS action
By Roqayah Chamseddine
Thu, 2014-09-04 18:13- In Homage to the Struggle
http://english.al-akhbar.com/content/unpublicized-impact-successful-bds-action
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But one area of the city — neighborhoods in east Buffalo, where more than 75 percent of the city’s African-American population lives — was explicitly excluded, cut off from access to mortgage credit.
That map, ringed by a line, is at the center of a sweeping investigation by the New York attorney general, Eric T. Schneiderman, into whether banks are “redlining” — deliberately choking off mortgage lending to predominantly minority communities — people briefed on the matter said.
The investigation was expected to reach its first target as early as Tuesday, the people said, with Mr. Schneiderman’s office taking aim at Evans Bank, a regional lender whose business in the Buffalo area dates to 1920, accusing it of denying mortgages to African-Americans regardless of their credit.
The case, expected to accuse Evans Bank of violating the Fair Housing Act — a federal law intended to ensure equal access to credit — is a harbinger of other lawsuits that could be brought against some of the nation’s largest banks, several people briefed on the investigations said.
In the suit, expected to be filed in state court, prosecutors were to outline how, since 2009, Evans Bancorp has created a map that defined the “trade area,” places in the Buffalo metropolitan region where the bank would make mortgages and other loans. The bank, prosecutors contend, deliberately excised much of Buffalo’s East Side.
Rival banks, the authorities said, lent to neighborhoods on the East Side at a far higher rate than Evans Bank, suggesting that the lending patterns did not stem from a dearth of willing minority borrowers.
“We believe that the allegations being made by the New York State attorney general are unfounded and without substance, and we will vigorously defend this complaint through the legal system,” David J. Nasca, president and chief executive of Evans Bank, said in a statement, adding that he was “disappointed” to learn about the pending action.
Mr. Nasca said the bank was “confident that our residential lending practices meet all applicable laws and regulations.”
Also in a statement, Mr. Schneiderman said, “It is crucial that all New Yorkers, regardless of the color of their skin or the racial composition of their neighborhood, be afforded an equal opportunity to obtain credit.”
The suit offers a detailed look at the uneasy state of lending in the United States. In the heady days before the 2008 financial crisis, as Wall Street’s mortgage machine hummed, the nation’s largest banks made loans in black and Hispanic neighborhoods, although often at steep rates. Since then, though, the authorities nationwide have grown concerned that the pendulum has swung too far in the opposite direction, creating a patchy credit drought as banks refuse to lend in those same minority communities where credit once flowed.
That unequal access to credit, the authorities say, threatens to exacerbate the country’s yawning wealth gap. Part of the problem is that the foreclosure crisis disproportionately affected black and Hispanic communities, wiping out billions of dollars of housing wealth, federal mortgage data shows.
Mortgage lending is critical, the authorities say, to bolster homeownership — a cornerstone of upward mobility — in minority communities still trying to dig out from the recession. Denied access to credit, state and federal authorities warn, minority communities are helpless to address problems like boarded-up homes, foreclosures and blight that have long ravaged neighborhoods.
Pointing to the damage wrought, in part, by such problems, the City of Providence, R.I., sued Santander Bank in May, accusing it of systematically refusing to lend in predominantly minority neighborhoods. From 2009 to 2012, the lawsuit said, new mortgages in Providence’s white neighborhoods proliferated while those in minority neighborhoods plummeted by 63 percent a year from the number of new mortgages made in 2006 and 2007.
“It’s a civil rights issue,” said John P. Relman, the lead lawyer in the suit against Santander.
“We categorically reject this accusation and we will vigorously defend ourselves against the legal action,” said a spokesman for Santander, which is fighting the suit. “However, we are willing to work with the City of Providence to allay their concerns.”
Providence is not alone. The city’s lawsuit is one of many cases that have been filed against banks in the aftermath of the financial crisis. The Los Angeles city attorney, Mike Feuer, sued JPMorgan Chase in May, accusing it of both reverse redlining — the practice of steering minority borrowers toward expensive, predatory loans — and traditional redlining.
In a kind of perverse symbiosis, the lawsuit against JPMorgan argues, one practice depends on the other. Reverse redlining comes first, making it difficult for minority communities to obtain loans, except at high rates. Once those loans sour, though, minority communities are left in a credit drought, the suit says.
“These foreclosures often occur when a minority borrower who previously received a predatory loan sought to refinance the loan, only to discover that JPMorgan refused to extend credit at all,” the suit says. The action against JPMorgan came on the heels of similar cases against Wells Fargo and Bank of America.
The original lawsuit against JPMorgan was dismissed, but the city is refiling.
The term “redlining” traces back to the 1930s, when the Federal Housing Administration used red ink to designate areas that the housing agency considered far too risky to receive loans. Since then, the term has come to describe how banks would draw a red line around areas they refused to lend in.
Such a line figures prominently in the lawsuit expected against Evans Bank, according to a copy of the suit reviewed by The New York Times.
Outlining the geographic region where it focused its business, Evans Bank drew a line “bisecting the city,” according the suit. Outside the line — a boundary that prosecutors said excluded “all of the majority African-American neighborhoods” in Buffalo — the bank did not solicit customers or extend mortgage loans.
The city was already racially segregated, but prosecutors contend that Evans Bank’s lending practices only aggravated the divide. Buffalo, a city that, like many along the East Coast, has been battling a prolonged economic downturn, ranked as one the most highly segregated large metropolitan areas in the nation, according to 2010 census data.
The redlining “has had damaging effects over time,” prosecutors say in the lawsuit, “contributing to increased vacancies due to unavailability of new purchase loans and increased deterioration of housing stock.”
Virtually all of the bank’s efforts to attract customers were focused within its so-called trade area, prosecutors say. The “vast majority” of Evans’s print marketing efforts appeared in local newspapers that were not circulated on the East Side of Buffalo, the suit says. Evans Bank also clustered its branches in predominantly white neighborhoods, according to prosecutors. Of its 14 branches throughout New York State, 11 were in Buffalo’s suburbs, which largely consist of white borrowers.
The lending policy at Evans, prosecutors say, walled off people living outside the trade area from qualifying for certain products at all, regardless of their creditworthiness. For example, one loan product, Evans Community Solutions, was available only to borrowers living within the bank’s trade area.
Poring over reams of information from the Home Mortgage Disclosure Act, a federal law requiring banks to report data on their loans so that regulators can identify patterns of racial discrimination, prosecutors discovered a lending gulf. From 2009 to 2012, the data shows, Evans received 1,114 applications for residential mortgages, but only four — or less than 1 percent — came from applicants who identified as African-American.
Because some areas in Buffalo were hit harder by the foreclosure crisis, it makes sense that all lenders, including Evans Bank and its rivals, received fewer applications from minority borrowers.
Still, prosecutors say, Evans Bank’s lending in African-American communities lagged behind its rivals. Compared with other banks that maintained a branch in Buffalo, prosecutors found that Evans “drew mortgage applications from African-American borrowers and East Side borrowers at by far the lowest rate,” the lawsuit says.
Even banks without an office in Buffalo, prosecutors say, managed to make more loans to African-American borrowers in the area at more than “double the rates that Evans did.”
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2) Help Families From Day 1
By CLARE HUNTINGTON
Families are the ultimate pre-pre-school. Research in neuroscience and other fields has established that parents and caregivers provide a crucial foundation during the first few years of life. Our public policies, however, make it much harder for families, especially families living in poverty, to lay this foundation.
In my research, I have cataloged government policies that undermine parent-child relationships during early childhood. Our legal system, for example, destabilizes low-income, unmarried families, distracting them from parenting. Forty-one percent of children are born to unmarried parents. These parents are usually romantically involved when the child is born, but these relationships often end. Rather than help these ex-partners make the transition into co-parenting relationships, the legal system exacerbates acrimony between them. States impose child support orders that many low-income fathers are unable to pay, creating tremendous resentment for both parents. And courts are not a realistic resource for many unmarried parents, leaving them to work out problems on their own.
Our workplace protection laws likewise do too little to address the needs of families. The dearth of paid parental leave means that many parents have to choose between their job and bonding with their newborn. Our unwillingness to regulate the scheduling of part-time work means that some parents scramble daily to find child care. And our inability to substantially raise the minimum wage means that parents often have to work multiple jobs, limiting time at home.
Finally, land-use policies rarely prioritize building physical environments that facilitate simple but vital parent-child interactions, like going to a playground or the library. Too many impersonal neighborhoods lack spaces where parents and children can spend time with other families, providing much needed social support.
All of these examples, and so many other policies, fly in the face of what we know about the importance of a child’s first few years. When parents are consumed by fractious relationships, it is harder to provide children with the one-on-one interactions that are the building blocks for brain development. When parents have to work multiple low-wage jobs with unpredictable schedules, satisfying the universal advice to read to children is remarkably difficult. When families don’t have access to safe playgrounds, they lack the space for casual play and the opportunity to meet other parents for the all-important kvetch.
I don’t want to rain on the pre-K parade, but we can’t pretend that school preparation begins at age 4. Four is better than 5, but zero is far better than 4.
To promote co-parenting and family stability, we should develop alternatives to the court system. Since 2006, for example, the Australian government has funded Family Relationship Centers, which offer free or low-cost, community-based mediation to help parents who are separating cooperatively manage the transition from one household to two. In the United States, the federal Office of Child Support Enforcement has begun to recognize the importance of connecting fathers with job training and ensuring that fathers have access to their children, efforts that have increased earnings and child support payments. We need to adopt programs like these much more broadly.To help low-wage workers give their children the time and attention critical to child development, we need regulations that allow parents more control over their schedules. Living wage legislation, like Seattle’s recent $15-an-hour provision, and a sizable increase in the earned-income tax credit, one of our most effective poverty-fighting tools, would also go a long way toward helping parents meet their children’s needs.
Finally, to ensure that all families live in neighborhoods that help parents interact easily with their children and other parents, local governments should look to the Stapleton development in Denver. This community, built on a decommissioned airport, includes mixed-income housing, sidewalks, common areas, parks, shops, schools and public transportation. This pattern of development allows families to be together easily and create essential social ties.
But this didn’t just happen. At every stage, Denver’s involvement was key. The city ensured that the plan was part of the sale agreement for the airport, funded needed infrastructure, and sold the land incrementally so the developer did not have to take on the kinds of loans that force quick and cheap development.
Critics will dismiss these ideas as unnecessary intervention in family life, or more big government. But this is simply wrong. Our legal system is already deeply involved in every aspect of family life, from defining what a family is in the first place to subsidizing families through public education and deductions for dependents. The real question is not the magnitude of that involvement, but the ends it serves.
It will take tremendous political will to build a policy framework to improve early childhood. The progress we’ve seen toward universal pre-K is encouraging. Now we need to start on Day 1.
Clare Huntington, a law professor at Fordham, is the author of “Failure to Flourish: How Law Undermines Family Relationships.”
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3) Homeowner Gets 17 Years for Shooting Woman on His Porch
By MARY M. CHAPMAN
DETROIT — A suburban Detroit homeowner was sentenced to a minimum of 17 years in prison on Wednesday in the death of a woman he shot and killed last November as she stood on the front porch of his house in Dearborn Heights.
The homeowner, Theodore P. Wafer, 55, was found guilty on Aug. 7 of second-degree murder, involuntary manslaughter and a felony weapons charge. Jurors deliberated less than two days.
Mr. Wafer, who had faced the possibility of life in prison, was given a term of 15 to 30 years, as well as two additional years on the weapons charge.
The facts of the case were never in dispute: In the early morning hours of Nov. 2, Renisha McBride, 19, stood on the front porch of Mr. Wafer’s bungalow and pounded at the door, before moving to the side of the house and then back to the front. Minutes later, Mr. Wafer, an airport maintenance worker who had been roused from his sleep, opened the inside front door, fired a single shotgun blast and killed her.The question for jurors was whether Mr. Wafer had acted in self-defense. He testified that he had been asleep in his living-room recliner around 4:30 a.m. when he was jolted awake by pounding on his doors. He was terrified, he said, and within minutes scrambled for his shotgun stashed in a closet, believing that someone was trying to break into his home, just across the city line from Detroit.
“I was upset,” he told the courtroom. “I had a lot of emotions. I was scared. I had fear. I was panicking.”
A friend of Ms. McBride’s testified that earlier in the evening, the two drank vodka and smoked marijuana. Just before 1 a.m., while driving, Ms. McBride hit a parked car within the Detroit city limits, left the scene of the accident and rejected help from neighbors, witnesses said. One witness said that Ms. McBride, who appeared disoriented and was bleeding from her injuries, brushed off a neighbor’s plea to wait for an ambulance.
Her whereabouts for the next several hours remain a mystery. But around 4:30 a.m., she approached Mr. Wafer’s home, a small house on a corner lot. He testified that he had heard loud pounding on the front door, then on the side door.
Mr. Wafer, who has no landline phone, said that he frantically searched for his cellphone, but could not find it. As the banging continued, he said, he went to a closet and retrieved his Mossberg 12-gauge shotgun, which he had loaded less than two weeks earlier after vandals paint-balled his vehicle.
On the morning of Nov. 2, Mr. Wafer was so afraid that his house was about to be invaded, he told the courtroom, that he did not even peek through his vertical blinds to see who was outside, concerned that he might “give away” his position within the house.
He said he opened his front door and, seeing a “figure,” fired one shot through the locked screen door, killing Ms. McBride. Mr. Wafer then found his cellphone and called 911. In a conversation only 18 seconds long, he told the dispatcher that he had shot someone on his front porch who was “banging on my door.”
Michigan law allows lethal force only if a person “honestly and reasonably believes” that it is necessary to prevent imminent death or great bodily harm. Michigan also has a “castle doctrine,” which states that there is no legal requirement for a person to retreat inside his or her home.
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4) Death Penalty Overturned, North Carolina Man Is Released From Prison
By JONATHAN M. KATZ
RALEIGH, N.C. — Henry Lee McCollum had barely slept in days, terrified that his dream of 31 years — being released from North Carolina’s death row for a crime he did not commit — might not come true.
But finally on Wednesday morning, after one more night of delays, he was driven out of the concertina-wire gates of the central prison in Raleigh, and to the waiting arms of his parents.
“I just thank God I’m out of this place,” Mr. McCollum, 50, said. “Now I want to eat, I want to sleep, and I want to wake up tomorrow and see that this is real.”Despite a judge’s order Tuesday declaring them innocent in a 1983 rape and murder of a child, Mr. McCollum and his half brother, Leon Brown, remained in custody overnight as officials processed the paperwork for their release. But Mr. McCollum finally left the prison around 9:42 a.m. on Wednesday and Mr. Brown, 46, who had been serving a life sentence, was expected to be released this afternoon from another prison in eastern North Carolina, according to his lawyers.
James and Priscilla McCollum, Henry’s father and stepmother, began to cry and shout for joy as the son they call Buddy stepped out in a houndstooth jacket, khaki pants and slate blue tie he’d been given by the lawyers who helped secure his release. The team, from the Center for Death Penalty Litigation, began weeping and hugging as well. Standing a free man in fresh air for the first time in his adult life, Mr. McCollum swatted away gnats as he faced a phalanx of television cameras. He told the reporters that his faith in God had sustained him through years of fear that the legal system that had wrongly incarcerated him would also wrongly take his life.
Mr. McCollum also spoke of the 152 men still on death row in the state prison, whom he called his family.
“You’ve still got innocent people on North Carolina death row,” he said. “Also you’ve got some guys who should not have gotten the death penalty. That’s wrong. You got to do something about those guys.”
Finally free, Mr. McCollum, who like Mr. Brown is mentally disabled (Mr. Brown’s IQ in tests has registered as low as 51) faces the challenge of his life: learning to live in a world he has not experienced since he was a teenager three decades ago. On death row, Mr. McCollum was never allowed to open a door, turn on the light switch, or use a zipper. He never had a cellphone, and until last week had not used the Internet. (He excitedly told his stepmother about his first use of Google Maps days ago, when he saw pictures of her house.)
When he got into the family car, a navy Dodge van, he sheepishly slipped the beige shoulder belt around his neck and let it hang, unsure of how to use it.
The lawyers with the Center for Death Penalty Litigation said that there was no plan to seek redress or to secure money for training from the state to assist with his reintegration into society.
“It’s not like being on probation or parole. It’s just — good luck,” said Gerda Stein, the center’s director of public information. The family did not immediately have plans to seek redress from the government, she said.
For now Mr. McCollum’s father, James, said he wanted to get his son back home to the small town of Bolivia, near Cape Fear.
“We’re going to go home to Bolivia, take a shower,” he said. “Then I’m going to say, ‘Do you want to go fishing? I’m going to teach you how to fish.'” As he got in the driver’s seat to leave, James McCollum put on a hat that said “Jesus Is My Boss.”
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5) Tortured and Raped by Israel, Persecuted by the United States
Tuesday, 02 September 2014 10:11 By Dahr Jamail, Truthout
http://www.truth-out.org/news/item/25910-tortured-and-raped-by-israel-persecuted-by-the-united-states
Twenty-two-year-old Rasmea Odeh, along with 500 other Palestinians, was arrested in 1969 by the Israel Defense Forces (IDF) during a massive security sweep following the 1967 war and occupation of the West Bank.183
At the time, as now, Palestinians who were detained by the IDF were later charged with crimes they did not commit in order to justify their detention.
Charged with bombing a supermarket, while in prison, Odeh was tortured with electrical shock and raped with batons. Her father was tortured in front of her.
IDF
personnel even attempted to make her father rape her.
She was beaten regularly with metal rods, kicked, threatened, humiliated, denied medical care and access to a bathroom, and almost needless to say, was denied access to legal resources.
She was made to watch a Palestinian man literally tortured to death.
She was beaten regularly with metal rods, kicked, threatened, humiliated, denied medical care and access to a bathroom, and almost needless to say, was denied access to legal resources.
She was made to watch a Palestinian man literally tortured to death.
She eventually signed a confession to stop IDF personnel from continuing to torture her father.
In March 1979, Odeh was finally released with 60 other prisoners as part of a prisoner exchange for an Israeli soldier. Shortly thereafter she traveled to Geneva, Switzerland, where she gave testimony regarding the torture she suffered at the hands of the IDF.
At the end of the narrative of her torture and imprisonment by the Israelis, she said, "It may have been 10 years, but it felt like 100 years."
Odeh lived in Lebanon after that, then Jordan, until in 1994 she was able to move to the United States to live, since her father was a US citizen.
Ten years later, she became active in the Arab-American community in Chicago, and became the deputy executive director of the Arab American Action Network (AAAN), a community-based nonprofit that provides social services and advocacy, campaigns against anti-Arab discrimination, and organizes for the Arab-American community in the greater Chicago area.
Then, in 2013, 19 years after arriving in the United States and nine years after receiving US citizenship, Odeh was indicted by the US government and charged with immigration fraud, stemming from other charges pulled from her 35-year-old IDF file.
Illegally Charged by Illegal Occupiers
Odeh's lawyer for the case against her in the United States is Michael Deutsch with the People's Law Office in Chicago.
Deutsch told Truthout he believes Odeh's indictment is an attempt to "criminalize her," and has advised her not to speak with the media out of concern something she said might be used against her, given the politically sensitive nature of her case.
"In 2010 the AAAN was investigated by the FBI, and the FBI wanted more information on Rasmea's background and sent a request to the Israeli government to pull her file," Deutsch explained.
Later that same year, the FBI raided the homes of various activists, including Hatem Abudayyeh, the executive director of AAAN.
"Everyone refused to testify at the grand jury, no indictments were made, and possessions seized during the home raids were returned to people," Deutsch said. "But it was during this that they learned of her history in the occupied territories."
The US government claims that Odeh lied when she said she had never been arrested, convicted or imprisoned.
Deutsch is well-versed in cases like Odeh's, given that he was one of the lawyers for the Attica prisoners following the 1971 prison uprising and state massacre. He was also the legal director for the Center for Constitutional Rights in New York City, and has been with the People's Law Office since 1970.
"Our view is that she was asked these questions almost 10 years after coming to this country, and on one level they pertain to the US, and so she said no because the question is ambiguous," Deutsch said. "She thought they were asking her [if she'd been arrested during] her time in the US."
Truthout was provided with a court affidavit for Odeh's US case, within which Mary Fabri, a licensed clinical psychologist who also worked as the senior director of Torture Treatment Services and International Training for the Kovler Center in Chicago, provided the details of Odeh's treatment at the hands of the IDF.
Fabri has diagnosed Odeh with post-traumatic stress disorder (PTSD), and has provided expert opinion that Odeh has suppressed the memories of what happened to her at the hands of the IDF.
"We believe her PTSD affected her state of mind when she answered those questions," Deutsch added. "Like someone who is a battered woman saying she was never married because she suppresses that information so as not to think about it."
Deutsch also sees a legal problem with the US government's attempt to frame Odeh's conviction and persecution by an occupying force as evidence of illegal activity.
"That doesn't hold up to due process or the fundamentals of international law," he said. "These military courts the Israelis set up are illegal under international law, hence, no evidence from them should be used in this case."
Deutsch and others on Odeh's defense team say her indictment is being pushed by the US government as an effort to criminalize those working to educate people about what is really happening in the occupied territories.
"I've seen in other cases I've worked on, a close collaboration between the US and Israeli Justice Departments, and I think the Israelis are more than happy to cooperate with that and condemn her and have her thrown out of the country," Deutsch said.
If Odeh is convicted she automatically loses her citizenship and would be subject to deportation.
Given that the IDF just killed more than 2,000 Palestinians in Gaza, the vast majority of whom were civilians, the possible ramifications of deportation are, indeed, dire.
Pro-Israel Judge Steps Down
The judge for Odeh's case, US District Judge Paul Borman, recently recused himself from her trial after Deutsch and other attorneys accused him of having lifelong ties to the Israeli government.
Borman had angrily refused to recuse himself, but then it was also discovered that his family had financial ties to the supermarket Odeh was accused of bombing.
Borman had also been honored with a civic award in part for his support of Israel, and his family had raised more than $3 million for a pro-Israel charity.
"She's maintained she was not involved," Deutsch said of the bombing. "Even though they all said they'd been tortured and recused their confessions. So she's saying whatever she said [at the time of her detention] was a result of torture and she was not involved [in the bombing]."
Abudayyeh, AAAN's executive director, told Truthout he felt vindicated by Borman's decision to recuse himself.
"It was all about his relationship to Israel," he said of Borman's strong political and financial ties to Israel. "So for him to have ruled that he was offended for being attacked was absolutely disingenuous."
Abudayyeh told Truthout that AAAN is "a very political organization" which believes in "challenging systems of oppression, and working to cause very real change."
Also a member of Odeh's defense committee, Abudayyeh has worked with her more than 10 years, knows her well, and praises her character.
"This is a person who has dedicated her life to social justice," he said of Odeh's character. "For close to 50 years she's been a social justice advocate, working with Palestinian refugees from 1948 to the present. She's a simple woman who's never sought out personal publicity, has no ego, is 67 and still does organizing the old fashioned way."
Attacking Palestinians Abudayyeh sees the indictment against Odeh as part of a broader attack against the Palestinian community in general.
"There is Islamaphobia, and it's moved from being a personal tool of oppression to structural and institutional," he explained. "Even non-prominent Muslims are being caught up in law enforcement entrapment on both coasts now. The majority of the prominent Muslims caught up in that net have in common that they are Palestinian organizers, and are challenging US foreign policy as it relates to Palestine specifically."
Deutsch concurred, drawing a stark analogy.
"From 1969 to the present, the IDF tortures people and we have plenty of evidence of this systematic torture," he said. "If you have Nazi courts, would they put in a conviction from a Nazi court in a US court?"
He remains concerned that despite a new judge being selected for the case, this still may not be a fair trial.
Nevertheless, Deutsch sees the best outcome of the trial as this: "They find the judgment of an occupation military court is not legitimate and therefore they can't put in evidence that she was convicted and imprisoned by this so-called judicial process and thus couldn't be convicted and lose her citizenship," he said.
According to Deutsch, if Odeh were convicted, "It'd be a strong punishment for something that was unjust in the first place."
Abudayyeh told Truthout that a new judge has been randomly appointed to replace Borman: Judge Gershwin Drain.
Born in Detroit, Drain worked as an attorney in the federal defender's office for the Eastern District of Michigan, served as a judge of the 36th District Court for Detroit, served as a judge on the Recorder's Court for Detroit, and served on the Third Circuit Court of Michigan, working in both the civil and criminal divisions of the court.
The next trial date is September 2, where it is expected that introductions will be presented and a second trial date will be set.
Abudayyeh believes Odeh's trial is critically important, and says the case must be won "both in the courtroom and in the streets."
He, the AAAN and other groups are mobilizing
from Chicago to Michigan to fill the courtroom in support of Odeh.
"We know historically in this country that every social justice movement that has been effective has come under attack by law enforcement, and we believe very strongly that this is what is happening to Palestinians here now," Abudayyeh said. "We are winning some battles now, and Palestinians around the world are winning this battle against Israel for the hearts and minds of the world, with the Boycott, Divestment and Sanctions movement. So, this is how the US and Israel are reacting . . . they are attacking us by trying to criminalize us. So if they can take down a community icon like Rasmea, then they think they can criminalize the movement as a whole."
Freedom Archives 522 Valencia Street San Francisco, CA 94110 415 863.9977 www.freedomarchives.org
Questions and comments may be sent to:
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6) I Went to Summons Court and Almost Everyone Was Black or Latino
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7) The Innocent on Death Row
The exoneration of two North Carolina men who spent 30 years in prison — one on death row — provides a textbook example of so much that is broken in the American justice system. And it is further evidence (as though more were needed) that the death penalty is irretrievably flawed as well as immoral.
In late September 1983, an 11-year-old girl named Sabrina Buie was found murdered in a soybean field in Robeson County. She had been raped, beaten with sticks and suffocated with her own underwear.
Within days, police got confessions from two local teenagers, Henry Lee McCollum, 19 at the time, and his half brother, Leon Brown, who was 15. Both were convicted and sentenced to death.
The crime was so horrific that it has echoed for decades through North Carolina politics and beyond. In 1994, after Justice Harry Blackmun of the Supreme Court announced that he opposed capital punishment in all circumstances, Justice Antonin Scalia cited the Buie murder as a case where it was clearly warranted. “How enviable a quiet death by lethal injection compared with that!” he wrote.
On Tuesday, a state judge ordered both men freed after multiple pieces of evidence, some of which had never been turned over to defense lawyers, proved that neither Mr. McCollum nor Mr. Brown was responsible for the crime. DNA taken from a cigarette found at the crime scene matched a different man, Roscoe Artis, who is already serving life in prison for a similar murder committed just weeks after Sabrina Buie’s killing.
Virtually everything about the arrests, confessions, trial and convictions of Mr. McCollum and Mr. Brown was polluted by official error and misconduct.
No physical evidence linked either man to the crime, so their false confessions, given under duress, were the heart of the case the prosecutors mounted against them. Both men’s confessions were handwritten by police after hours of intense questioning without a lawyer or parent present. Neither was recorded, and both men have maintained their innocence ever since.
Equally disturbing, Mr. Artis was a suspect from the start. Three days before the murder trial began, police requested that a fingerprint from the crime scene be tested for a match with Mr. Artis, who had a long history of sexual assaults against women. The test was never done, and prosecutors never revealed the request to the defense.It was not until 2011 that the North Carolina Innocence Inquiry Commission, an independent state agency that had taken on the men’s case, discovered the old fingerprint request. The commission also found that multiple statements in the two confessions were inconsistent with each other and with the facts of the crime. In July, the commission finally got the full case file and matched the DNA to Mr. Artis.
None of these pieces mattered to the prosecution in 1984. The prosecutor on the case, Joe Freeman Britt, was listed in the Guinness Book of World Records as the “deadliest prosecutor” for the nearly 50 death sentences he won during his tenure. Almost all have since been overturned.
Mr. McCollum and Mr. Brown, who are now middle-aged, have a hard road ahead. In addition to the difficulties of adapting to life after three decades behind bars, both are intellectually disabled. (Since their conviction, the Supreme Court has banned the death penalty for both juveniles and those with intellectual disabilities.)
Cases of capital prosecutions based on flimsy evidence or marred by prosecutorial misconduct, not to mention racial bias, are distressingly common. Yet, even as death-penalty supporters insist that only guilty people are sent to their death, it is now clear that Justice Scalia was prepared 20 years ago to allow the execution of a man who, it turns out, was innocent.
How many more remain on death row today? Can the American people be assured that none will be killed by the state? For this reason alone, the death penalty must end.
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8) Another Shadow in Ferguson as Outside Firms Buy and Rent Out Distressed Homes
By MATTHEW GOLDSTEIN
Ethel Walker and her daughter Tasha pay $650 a month to rent a home in Ferguson, Mo., from an investment firm 1,800 miles away in Los Angeles. A few miles from the Walkers, Corey Bryant and his mother are renting a two-bedroom home in Ferguson from the same California firm.
Increasingly, the new landlord in Ferguson and in other close suburbs of St. Louis is an out-of-state investment firm that has been buying distressed homes to rent them out, a consequence of the foreclosures resulting from the financial crisis.
The Aug. 9 shooting death of Michael Brown, an unarmed black teenager, by a white police officer in Ferguson put a spotlight on the racial divisions in the United States and the tactics used by the police. But some housing advocates said the incident should also focus attention on how towns like Ferguson are still reeling from the financial crisis and how that also has contributed to heightened tensions.
Six years after the height of the financial crisis, the housing market in Ferguson remains particularly troubled. Fifty percent of the town’s 6,321 homeowners owe more on their mortgages than their homes are worth, a situation called being underwater. Nationally, 17 percent of homeowners are underwater.
The average home in Ferguson sold for $45,032 last year, up from a low of $28,499 in 2011, but still only about half the average price for a home when the market peaked in 2006, according to RealtyTrac, a company that monitors housing sales and foreclosures. Ferguson’s slow recovery has created an opening for dozens of investment firms, flush with cash, to descend, buy up homes and rent them to mostly low-income residents. The firms account for roughly a quarter of home purchases in Ferguson, according to RealtyTrac.
The institutional money has meant a decline in the number of vacant homes and an increase in rental properties, but it has also raised concerns about the long-term intentions of these mainly out-of-town landlords and whether they will upgrade Ferguson’s aging housing stock.
In Ferguson, 461 families are receiving federal rent subsidies from the Housing Authority of St. Louis County, or roughly 8 percent of the Section 8 vouchers the agency has issued. But the federal subsidies restrict the amount of rent a landlord can charge on a home — one reason the largest institutional investors, like the Blackstone Group, American Homes 4 Rent and Colony American Homes, have largely shunned inner suburbs like Ferguson, where the housing stock tends to be older, in greater need of repair and in poorer neighborhoods.
Into that vacuum have stepped smaller firms like Raineth Housing, which is renting homes to the Walkers and Mr. Bryant and his mother. The firm, co-founded by the financier Edward R. Renwick, is one of the bigger institutional buyers of distressed homes in the St. Louis metropolitan area, acquiring 72 homes in Ferguson, or roughly 5 percent of all the single-family homes sold in the city since 2011, according to RealtyTrac. In the St. Louis metropolitan area, the firm has bought 445 homes in six communities.
Mr. Renwick, who lives in an upscale neighborhood of Los Angeles, said the shooting death of Mr. Brown and the ensuing tense confrontations between the police and residents in Ferguson would not deter his firm from buying properties. “I don’t know anything about policing, but what has happened here is tragic,” said Mr. Renwick, 48, the chief executive of Raineth, which has also bought hundreds of homes in Kansas City, Mo., and Cincinnati with the $50 million it has raised from investors. “Ferguson is a great community.”
In an Aug. 15 letter to investors, Mr. Renwick wrote that while he and his partners were “shocked and saddened” by the death of Mr. Brown and subsequent rioting by some protesters, Ferguson remained an “attractive place to live” with good schools. The firm, which Mr. Renwick runs with his wife, Dehua Chen, and his brother-in-law, Detang Chen, told investors that Raineth planned to keep buying homes in the city and renting them to mainly lower-income families.
Mr. Renwick said the decision to invest in Ferguson and the St. Louis metro area was made by his brother-in-law, who had attended Washington University in St. Louis and developed a fondness for the region. Mr. Renwick, a longtime partner and now a consultant with the Yucaipa Companies, the Los Angeles private equity firm led by the billionaire investor Ronald W. Burkle, said Raineth wanted to make money and make a difference in the communities where it bought homes. He said the firm, which is not affiliated with Yucaipa, made up to 40 percent of its homes eligible to families receiving rent subsidies under Section 8, the federal housing assistance program.
One-third of Ferguson’s 21,000 residents are white and two-thirds are black, making it one of the more integrated suburbs in the St. Louis area. But like other older suburbs, Ferguson has lost a fair share of more affluent residents, and lower-income families have taken their place. Aided by federal subsidies, many African-Americans left St. Louis in the 1980s and 1990s for nearby suburbs, changing the racial makeup of communities and creating tension in some cases.
“In the St. Louis region there has been movement of white flight,” said Chris Krehmeyer, chief executive of Beyond Housing, a nonprofit group that works with low-income families in the St. Louis region. “There’s been a wave of movement over time to far-flung suburbia.”
Other institutional investors that have bought homes in Ferguson and St. Louis County include a subsidiary of Building and Land Technology, a Stamford, Conn., private equity firm, and Jersey Jennings, a Los Angeles firm.
Housing advocates worry about what will happen if investors in firms like Raineth become dissatisfied with the returns from leasing homes to low-income families. The commitment of out-of-state landlords to maintaining properties also is a concern. Tenants and local housing officials have given Raineth mixed grades as a landlord.
Mr. Bryant, 24, who lives on Mueller Avenue in Ferguson, said he and his mother had been generally pleased with their home, which they have rented for four years. He said the landlord’s property manager had been fairly responsive about making repairs, although Mr. Bryant said the house, which has white siding and burgundy trim, “needs to be worked on, or updated.”
The Walkers, who moved into their two-bedroom white brick home on La Motte Lane a year ago, tell a different story. Ethel Walker, 54, a custodian at a local school, said her asthma has worsened because of a persistent mold problem in the house, which she blames on a leaky pipe and water in the basement. More recently, Ms. Walker and her daughter said they had had to deal with raw sewage gurgling up in their yard.
“When you’d flush the toilet it’d come up in the backyard,” Tasha Walker, 31, said.
Still, the Walkers both said they liked the neighborhood and would consider buying the house if the landlord first made more repairs.
“We strive to treat our tenants well,” Mr. Renwick said. “In this particular case, we received a call from the tenant in question about a toilet issue at 8 p.m. on a Saturday and had the problem repaired on Monday.”
Susan Rollins, executive director of the Housing Authority of St. Louis County, said she put Raineth in the “bottom third” of landlords receiving federal rent subsidies when it comes to basic repairs and renovations.
Mr. Renwick said the agency “has never expressed any concerns to us” before now, noting that the housing authority issued rent subsidies for 90 Raineth tenants this year. He added that it can take time to renovate a home with a tenant already living there, like a Raineth house Ms. Rollins visited.
The Walkers’ house is eligible for subsidies, though they do not receive any.
Many of the homes Raineth has bought were built more than 50 years ago and were vacant and in need of renovation. Mr. Renwick said most tenants were single mothers.
Mr. Krehmeyer said the test for investment firms like Raineth could come when they were forced to spend additional money for maintenance. He said the firms could then either sell quickly or simply let the properties deteriorate.
Mr. Renwick said he understood the apprehension of housing advocates, but contended his investors were in it for the long haul. “We’ve designed this so everyone will be happy if we own these homes forever,” he said.
Malcolm Gay contributed reporting from Ferguson, Mo.
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9) Michael Brown Never Faced Serious Felony Charge, St. Louis Official’s Lawyer Says
FERGUSON, Mo. — Michael Brown, the unarmed black teenager shot and killed by a white police officer here last month, had no serious felony cases filed against him as a juvenile, a lawyer for a St. Louis County official said Wednesday.
The details came at a county court hearing over a petition by The St. Louis Post-Dispatch and another news outlet to unseal any juvenile court records that might exist for Mr. Brown. The authorities have said Mr. Brown, 18, had no adult criminal record, and his relatives have told reporters he did not have one as a juvenile, either.
In a court document, lawyers for the newspaper said that Mr. Brown’s background was “a matter of significant public interest,” citing security-camera footage that appeared to show Mr. Brown stealing a box of small cigars from a convenience store minutes before the shooting. They also argued that upon Mr. Brown’s death, the justification for keeping his juvenile records confidential had ended.Cynthia Harcourt, a lawyer for the juvenile officer of St. Louis County Family Court, said after the hearing that she could neither confirm nor deny the existence of a juvenile record for Mr. Brown. Missouri state law prohibits the records of most juvenile court proceedings from being released to the public. But she said Mr. Brown had no juvenile cases involving serious felony charges or convictions, including murder, robbery and assault with a deadly weapon. Those felony records would not be required to be confidential and would have been released, but none exist for Mr. Brown, Ms. Harcourt said.
The judge made no decision on whether to unseal records for lesser offenses, if any existed.
At the same time, Gov. Jay Nixon of Missouri lifted the executive orders that established a state of emergency and activated the National Guard, a sign that Ferguson has been slowly returning to normal after several weeks of unrest over the killing of Mr. Brown on Aug. 9. But the seemingly procedural move illustrated lingering tensions.
Some black leaders have been calling for Mr. Nixon to appoint a special prosecutor to handle the case of the Ferguson police officer, Darren Wilson, who shot Mr. Brown. But by lifting the executive orders, Mr. Nixon appeared to have stripped himself of the power to remove the official now handling the local investigation, Robert P. McCulloch, St. Louis County’s top prosecutor. Mr. McCulloch has a history of showing bias toward law enforcement in police shootings, some black leaders have said, noting that the prosecutor’s parents worked for the St. Louis police and that his father was shot and killed by a black man.
State officials suggested that the governor’s power to remove Mr. McCulloch was tied to the emergency declaration. “The expansive powers of a governor during a state of emergency are temporary, and end when the governor lifts the declaration of emergency,” a spokesman for the Missouri attorney general said in a statement.
Mr. McCulloch has said his office was handling the investigation and the presentation of evidence to a St. Louis County grand jury “in a fair, full and impartial manner.” Mr. Nixon had recently expressed support for Mr. McCulloch and said he wanted the two investigations into Mr. Brown’s death, one county and one federal, to move forward.
Organizers of a highway shutdown next week, aimed at pressuring Mr. Nixon to appoint a special prosecutor, said the governor’s move on Wednesday would attract more attention and protesters to their civil disobedience action. It is set for Wednesday afternoon on Interstate 70 at Hanley Road.
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10) Florida Prosecutors Face Long Odds When Police Use Lethal Force
As a grand jury considers the case of Darren Wilson, the officer who shot and killed Michael Brown on Aug. 9 in Ferguson, Mo., Florida’s experience points to both local and national factors making it extraordinarily difficult to prosecute, let alone convict, law enforcement officials for killing someone in the line of duty. Police officers have the authority to use lethal force if they believe they or others are in danger. More often than not, across the country, that right is one of the factors that make hurdling “beyond a reasonable doubt” a challenging task, prosecutors and defense lawyers said.In Florida, even getting a decision on whether to seek charges is problematic. Three years after a particularly notorious episode in South Beach, a 2011 Memorial Day weekend shooting in which a 22-year-old was killed when the police fired more than 110 bullets at his car after it had stopped, prosecutors have still not decided whether to bring charges against any of the 12 officers, despite pressure to do so. Four bystanders were also wounded during the barrage. The shooting is one of 42 cases involving lethal use of force by the police, some dating back several years, now being reviewed by the Miami-Dade Office of the State Attorney.
Prosecutors and defense lawyers agree that the system is intended to protect police officers and give them the benefit of the doubt, though they can differ sharply on where they think the lines should be drawn.
“The system is incredibly biased in favor of the police and incredibly unfair to victims of police shootings and brutality,” said Jeff Weiner, a prominent criminal defense lawyer in Miami. Still, he added, “Of course the police are out there every day risking their lives and making split-second decisions, and nobody is taking that away from them.”
Prosecutors say the slow pace reflects the need for a thorough, rigorous investigation, adding that cases involving police officers, who must quickly make life-changing decisions, are seldom easy to navigate.
Miami, in particular, has been steeped in police-related shootings. In recent years, that history has included a botched 2011 operation that left four armed robbers dead, one of them a police informant, and seven deadly shootings in 2010 and 2011 that drew the scrutiny of the Justice Department and court oversight of the Miami Police Department.
Some legal experts point to Florida’s track record — no charges against officers in 20 years, according to the Miami-Dade state attorney’s office — to emphasize that the system is burdensome at best and broken at worst.
“What that means is that every shooting has been a good shooting, and that the police have never done anything wrong, and if you believe that, I have a bridge I can sell you,” said Howard Simon, executive director of the American Civil Liberties Union of Florida, who has been sharply critical of the dearth of police prosecutions.
In Miami, which last saw widespread unrest over police shootings in the early 1990s, the county’s top prosecutor, Katherine Fernandez Rundle, said her 26-member team conducted the state’s most thorough investigations of police shootings, beginning with sending two prosecutors to the scene immediately after a shooting. Cases are also automatically referred to the Justice Department for possible civil action, and she said she made a point of meeting with community members.
“It is much better to make the 100 percent decision you are going to tell the community about when you have 100 percent of the information,” she said about the slow pace of the investigations.
No police officers have been charged in cases involving lethal use of force in recent years, she said, because the cases are difficult and because the courts and laws grant officers wide latitude to defend themselves, particularly in Florida. However, her office has prosecuted officers for wrongdoing that did not result in a death.
The courts have ruled that police officers should not be penalized for using bad judgment in dangerous situations, said Don L. Horn, the chief assistant state attorney for administration.
“This does not mean that we believe all the shootings were appropriate,” Mr. Horn said. “We have had shootings that, based on the law, were legally justified but we also concluded were totally unnecessary.”
In many cases, prosecutors must rely on the word of police officers, Mr. Horn said. “And even though we may not believe a certain set of testimony, if we can’t prove it to the contrary, then that’s where we are,” he added.
But the relatives of those who have been killed by police officers lament the decisions not to prosecute and the slow pace of the investigations. As the days turn to months and years, memories fade and public outrage dissipates, all of which takes the pressure off prosecutors, legal experts said.
In one case last year, Israel Hernandez-Llach, 18, a graffiti artist, died of a heart attack after a Miami Beach police officer shocked him with a Taser. The officer said Mr. Hernandez-Llach, who fled after the police saw him tagging a building, had confronted him, prompting the officer to use his Taser to subdue him. Witnesses have disputed that account. Outrage in the community prompted the Florida Department of Law Enforcement to step in and review the Miami Beach Police Department’s investigation.
Supporters of Mr. Hernandez-Llach’s family continue to hold vigils and protests to push for a decision in the case.
“This is something that is very wrong with the system,” said Jorge Estomba, a friend of the family who spoke on its behalf. “This is not a case that, in and of itself, is complex.”
For the family of Raymond Herisse, the 22-year-old who died in South Beach in 2011, the clock has been running for years. The police said Mr. Herisse had been driving recklessly before dawn when he hit parked cars, bumped a police officer on a bike, endangered pedestrians and disobeyed commands to stop. Mr. Herisse was drunk at the time, toxicology reports showed.
Ultimately, Mr. Herisse did stop. About a minute later, 12 officers opened fire.“What happened to Michael Brown is very unfortunate,” said Marwan E. Porter, the Herisse family’s lawyer, of the Ferguson case, “but it pales in comparison to what happened to Raymond Herisse.”
“Their silence on this speaks volumes,” he said of the state attorney’s office.
Frank Ledee, chief of the gang prosecution division and the prosecutor in charge of the case, said the Herisse shooting was one of the more complex cases the office had handled, involving multiple crime scenes and shooting scenes, police officers and victims, and hundreds of witnesses. Thoroughness, he said, takes time, and prosecutors must also keep pace with the county’s other homicides.
Beyond the law, though, charging police officers for illegal use of force can pose a thicket for prosecutors for other reasons.
For starters, police departments investigate themselves, raising serious conflict of interest issues. As part of the same law enforcement team, prosecutors must rely on police work to make their cases and are reluctant to mar these relationships without unassailable evidence, legal experts said.
“I’m not going to cast ill on it,” said Michael R. Band, a former top prosecutor here and now a criminal defense lawyer. “But it’s a fact of life. There is a relationship there.”
And state attorneys are elected, making them vulnerable to political pressure, lawyers said. Police unions wield considerable power in elections.
“They are in bed together, which is why police shootings should be investigated independently,” said Mr. Weiner, the criminal defense lawyer in Miami.
In the end, even if they are charged or indicted, most officers are acquitted by juries. The people who are shot are not always sympathetic in the eyes of jurors; in many cases, they were committing crimes when they were killed. Witnesses can sometimes suffer credibility problems.
By contrast, police officers are often held in high esteem, depending on the jury, and are traditionally viewed as guardians of the community.
“When you are charging a police officer with a crime, you are essentially asking most jurors to look at the world upside down: The good guys are in the defendant’s spot,” said David A. Harris, a University of Pittsburgh law professor who specializes in law enforcement behavior. “Prosecuting police officers successfully is a difficult task even in the strongest cases.”
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11) Fast-Food Workers Seeking Higher Wages Are Arrested During Sit-Ins
Twenty-one workers demanding a $15-an-hour wage were arrested while conducting a sit-in outside a McDonald’s in Times Square on Thursday morning as the fast-food movement for the first time embraced widespread civil disobedience to escalate its fight.
Organizers said several hundred fast-food workers planned to sit in at restaurants in dozens of cities on Thursday. Organizers said the police arrested more than 50 workers in Detroit for such action on Thursday morning. The civil disobedience is intended to draw more attention to the “Fight for Fifteen” movement and to step up pressure on the nation’s fast-food chains.
“I’m doing this for better pay,” said Crystal Harris, a McDonald’s worker from St. Louis, minutes before she sat down in the middle of 42nd Street outside a giant McDonald’s restaurant around 7:30 a.m. on Thursday. “I struggle to make ends meet on $7.50 an hour.”
The protesters carried signs saying, “Low Pay Is Not O.K.,” “On Strike to Lift My Family Up,” and “Whatever It Takes: $15 and Union Rights.” The protesters want McDonald’s and other chains to agree not to fight a unionization drive.
The protests on Thursday were the seventh in a series of one-day strikes, with organizers saying that fast-food workers would walk out at restaurants in more than 100 cities across the United States, with civil disobedience for the first time becoming a major ingredient in the protests.
Ever since the fast-food strikes began in just one city, New York, in November 2012, strategists have focused on expanding the effort to more cities and more workers to increase pressure on chains to set a wage floor of $15 an hour.
The Service Employees International Union, which has spent more than $10 million underwriting the fast-food movement, sought to add more protesters and decibels to the efforts on Thursday by getting home-care aides to join the picket lines for the first time. The S.E.I.U., which represents hundreds of thousands of health care workers and janitors, hopes that the push for $15 will help lift the wages of many home-care workers and other low-wage health care workers.
“With the integration of home-care workers into this effort, this is starting to become a larger low-wage workers movement,” said Kendall Fells, organizing director for the movement, known as Fast Food Forward.
Rob Green, the executive director of the National Council of Chain Restaurants, criticized the sit-ins. “Encouraging activities that put both restaurant workers and their customers in danger of physical harm is not only irresponsible, it’s disturbing,” he said in a statement. “Unions are calling it ‘civil disobedience’ when in reality, this choreographed activity is trespassing and it’s illegal.”
McDonald’s and other chains say that they and their franchise operators pay competitive wages and provide job opportunities that allow many to rise to better jobs in the industry. Fast-food chains have said the one-day strikes have hardly affected business, saying that only a handful of workers have walked out at many restaurants.
Restaurant trade groups have repeatedly denounced the call for a $15 wage, saying it would push up menu prices and result in less hiring of fast-food workers, especially of entry level, low-skilled workers. The International Franchise Association says a $15 wage would wipe out the profit margins at many fast-food restaurants.
LaTonya Allen, a home-care aide in Atlanta who earns $9 an hour, said she was joining a fast-food workers’ protest outside a Burger King on Thursday.
“Earning $15 would make a huge difference,” she said. “It would really help me and my husband pay our bills. It would enable us to do more things together as a family. All we do now is work, work, work.”
Home-care workers were expected to join the fast-food protests in six cities — Atlanta, Boston, Chicago, Cleveland, Detroit and Seattle.
“We’d like to see these protests by home-care workers spread to other cities and states,” said Mary Kay Henry, president of the service employees union. “We’d like it to get as big as the fast-food protests.”
Some economists have warned that if wages for home-care workers rose to $15, that could raise the cost for families and for taxpayers who finance much of the nation’s home care through Medicaid and Medicare.
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12) Fast-Food Workers and Allies Arrested in Nationwide Strikes
09/04/2014
http://www.aflcio.org/Blog/Organizing-Bargaining/Fast-Food-Workers-and-Allies-Arrested-in-Nationwide-Strikes
"I take great pride in supporting Milwaukee workers as they risk arrest in pursuit of a brighter tomorrow for their families," Moore said in a statement. "I've read their letters, I've heard their calls and I've listened to their stories. I understand their struggle, but more importantly, I see their drive to fight for a future that is equal to their talents and worthy of their dreams."
AFL-CIO President Richard Trumka expressed support for the strikers:
"Working families everywhere applaud the courage of the fast-food workers who are striking today and engaging in acts of civil disobedience in over 150 cities. And we applaud the unity and the collective spirit displayed by members of AFL-CIO state federations and labor councils who have joined today’s protests in solidarity.
This nation was built on the fundamental beliefs that work should be a gateway to the middle class, and that no job should ever trap someone in poverty. That’s why the “Fight for Fifteen” movement is surging and the protests are getting ever louder. It’s time for corporations to hear this resounding message: Every worker deserves a fair wage and the right to form a union without retaliation. We support them."
Kendall Fells, organizing director for Fast Food Forward, explained why protesters were willing to take arrest:
"There has to be civil disobedience because workers don't see any other way to get $15 an hour and a union. There's a long history of this, from the civil rights movement to the farm workers movement."
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13) The Epic Food Fight Between Corporations and Americans Who Want to Eat Healthy
14) After 41 Years in Solitary, 'Angola Three' Prisoner Renews Fight for Justice
Albert
Woodfox, last remaining prisoner of the Angola Three, seeks to sue
prison authorities for constitutional rights violations
by Nadia Prupis
http://www.commondreams.org/news/2014/09/04/after-41-years-solitary-angola-three-prisoner-renews-fight-justice
After serving more than 41 years in solitary confinement, the longest sentence in isolation ever served by a U.S. inmate, Angola Three prisoner Albert Woodfox had a new day in court on Thursday to seek damages against Louisiana prison authorities for constitutional rights violations.
Woodfox, 67, was arrested for armed robbery in 1971 and sentenced to 50 years at Louisiana State Penitentiary — also known as Angola, a prison built on a former slave plantation that quickly became one of the most notorious facilities in the country. He was placed in solitary in April 1972, where he has remained ever since, for allegedly killing a guard, Officer Brent Miller, during riots in the prison that year. He was transferred from Angola to the David Wade correctional center in unincorporated Claiborne Parish in 2010, but was immediately placed in closed-cell restriction there as well.
Woodfox is seeking permission from the U.S. Fifth Circuit appeals court in New Orleans to sue prison officials for violating his constitutional rights, including the Eighth Amendment, which protects prisoners from cruel and unusual punishment.
"This is one more step in what has been a very long, long path towards justice," Jasmine Heiss, senior campaigner with Amnesty International USA, told Common Dreams "[Albert] is still sitting in a tiny solitary confinement cell waiting to hear from an appeals court... Combined, the Angola Three have served more than 100 years in solitary confinement."
The Guardian reports:
But David Wade prison officials are arguing (pdf) that because Woodfox transferred to their facility in 2010, his four-year solitary confinement there should be considered a separate sentence from his decades in Angola — and that four years in isolation does not constitute “atypical and significant hardship.” Authorities also claim that qualified immunity protects them from liability in Woodfox’s case, and that as a prisoner, he could not have expected to have his liberties protected.
Woodfox’s lawyers counter (pdf) that officials’ arguments for keeping Woodfox in solitary confinement are “sham proceedings” and “meaningless board reviews.” They say prison authorities could not have been unaware that decades of solitary confinement counted as “atypical” punishment, and should not be able to invoke qualified immunity in this case. “Immunizing Defendants-Appellants also contravenes the letter of qualified immunity law, which is intended to protect public servants who reasonably believed their conduct was lawful—not shield those who conduct themselves with wanton indifference to the law,” their brief states.
Woodfox’s conviction for the guard's murder has been overturned three times. Federal courts ruled that the trial had violated his constitutional rights through racial discrimination, prosecutorial misconduct, inadequate defense, and suppression of exculpatory evidence.
But instead of freeing Woodfox, Louisiana attorney general Buddy Caldwell decided to contest the most recent federal decision in 2008 and sent him back to live in isolation at Angola.
“Then and now, the fundament of the suit has been this: the continued lockdown confinement of [Albert Woodfox] without legitimate penological interests, in violation of the Constitution,” the lawsuit states.
"Louisiana cannot extend the abuses and injustice against Albert Woodfox another day," said Steven W. Hawkins, executive director of Amnesty International USA. "Louisiana authorities are leading a campaign of vengeance instead of upholding justice. Keeping Woodfox in solitary confinement for over four decades is a dark stain on human rights in the United States and globally. Louisiana must withdraw its legal appeal and allow the federal court ruling to stand. Should this not occur, the Court of Appeal should rule in the interests of justice and pave the way for Albert Woodfox's release."
United Nations Special Rapporteur on Torture, Juan E. Méndez, in October 2013 called for Albert Woodfox’s immediate release from solitary confinement. “Four decades in solitary confinement can only be described as torture,” he said.
After his imprisonment in 1971, Woodfox was an active member of the Black Panther party on his cell block — having joined the organization after briefly escaping from court on his sentencing date — which angered the guards at Angola. Officer Miller's death led to Woodfox and two other Black Panther inmates, Herman Wallace and Robert King, being accused of his murder. The case was fraught with inconsistencies, lost evidence, and special favors paid between prison officials and inmates, as well as investigators and jury members.
Woodfox and Wallace were tried and convicted by an all-white jury within two hours.
King was never charged, but placed in solitary confinement for 29 years until his release in 2001.
NPR reports:
Herman Wallace was set free on October 1, 2013, at age 71, after Amnesty International called for his release on humanitarian grounds. Two days later, a grand jury reindicted him for Miller’s murder, but did not arrest him. He died the next day.
Prison officials have argued that Woodfox should not be freed from solitary confinement because "there has been no rehabilitation [from] practicing Black Pantherism." Over the past several years, Woodfox has testified about the numerous health problems he has suffered from while in solitary confinement.
After serving more than 41 years in solitary confinement, the longest sentence in isolation ever served by a U.S. inmate, Angola Three prisoner Albert Woodfox had a new day in court on Thursday to seek damages against Louisiana prison authorities for constitutional rights violations.
Woodfox, 67, was arrested for armed robbery in 1971 and sentenced to 50 years at Louisiana State Penitentiary — also known as Angola, a prison built on a former slave plantation that quickly became one of the most notorious facilities in the country. He was placed in solitary in April 1972, where he has remained ever since, for allegedly killing a guard, Officer Brent Miller, during riots in the prison that year. He was transferred from Angola to the David Wade correctional center in unincorporated Claiborne Parish in 2010, but was immediately placed in closed-cell restriction there as well.
Woodfox is seeking permission from the U.S. Fifth Circuit appeals court in New Orleans to sue prison officials for violating his constitutional rights, including the Eighth Amendment, which protects prisoners from cruel and unusual punishment.
"This is one more step in what has been a very long, long path towards justice," Jasmine Heiss, senior campaigner with Amnesty International USA, told Common Dreams "[Albert] is still sitting in a tiny solitary confinement cell waiting to hear from an appeals court... Combined, the Angola Three have served more than 100 years in solitary confinement."
The Guardian reports:
If the appeals court upholds an early ruling from a lower court and allows Woodfox’s lawsuit to go to trial next year, the Louisiana authorities face potentially massive financial penalties. Were he to win at trial, not only would the prison service face up to $1m in legal costs but it could also be saddled with seven-figure damages.Apart from a three-year period in general population, Woodfox has spent 23 hours of every day alone in a 6-by-8-foot cell. His only view is of the prison hallway. In the last hour of the day, he is permitted to walk the hallway, shower, and occasionally walk through the exercise yard — alone. In January, he testified that prison guards forced him to undergo daily strip and cavity searches. In 2008, he described (pdf) the claustrophobia and panic attacks that plagued him in a solitary camp known as 'the Dungeon,' where prisoners are confined at all times except for a 15-minute shower break. "When I have an attack I feel like I am being smothered, it is very difficult to breathe, and I sweat profusely; it seems like the cell walls close in and are just inches from my face," he stated.
But David Wade prison officials are arguing (pdf) that because Woodfox transferred to their facility in 2010, his four-year solitary confinement there should be considered a separate sentence from his decades in Angola — and that four years in isolation does not constitute “atypical and significant hardship.” Authorities also claim that qualified immunity protects them from liability in Woodfox’s case, and that as a prisoner, he could not have expected to have his liberties protected.
Woodfox’s lawyers counter (pdf) that officials’ arguments for keeping Woodfox in solitary confinement are “sham proceedings” and “meaningless board reviews.” They say prison authorities could not have been unaware that decades of solitary confinement counted as “atypical” punishment, and should not be able to invoke qualified immunity in this case. “Immunizing Defendants-Appellants also contravenes the letter of qualified immunity law, which is intended to protect public servants who reasonably believed their conduct was lawful—not shield those who conduct themselves with wanton indifference to the law,” their brief states.
Woodfox’s conviction for the guard's murder has been overturned three times. Federal courts ruled that the trial had violated his constitutional rights through racial discrimination, prosecutorial misconduct, inadequate defense, and suppression of exculpatory evidence.
But instead of freeing Woodfox, Louisiana attorney general Buddy Caldwell decided to contest the most recent federal decision in 2008 and sent him back to live in isolation at Angola.
“Then and now, the fundament of the suit has been this: the continued lockdown confinement of [Albert Woodfox] without legitimate penological interests, in violation of the Constitution,” the lawsuit states.
"Louisiana cannot extend the abuses and injustice against Albert Woodfox another day," said Steven W. Hawkins, executive director of Amnesty International USA. "Louisiana authorities are leading a campaign of vengeance instead of upholding justice. Keeping Woodfox in solitary confinement for over four decades is a dark stain on human rights in the United States and globally. Louisiana must withdraw its legal appeal and allow the federal court ruling to stand. Should this not occur, the Court of Appeal should rule in the interests of justice and pave the way for Albert Woodfox's release."
United Nations Special Rapporteur on Torture, Juan E. Méndez, in October 2013 called for Albert Woodfox’s immediate release from solitary confinement. “Four decades in solitary confinement can only be described as torture,” he said.
After his imprisonment in 1971, Woodfox was an active member of the Black Panther party on his cell block — having joined the organization after briefly escaping from court on his sentencing date — which angered the guards at Angola. Officer Miller's death led to Woodfox and two other Black Panther inmates, Herman Wallace and Robert King, being accused of his murder. The case was fraught with inconsistencies, lost evidence, and special favors paid between prison officials and inmates, as well as investigators and jury members.
Woodfox and Wallace were tried and convicted by an all-white jury within two hours.
King was never charged, but placed in solitary confinement for 29 years until his release in 2001.
NPR reports:
"You heard hollering and screaming and the bodies being slammed against the walls," says Billy Wayne Sinclair, a white inmate on death row in 1972. "Upstairs you could smell tear gas bombs. They would come in there and set them off. So we would have to wet stuff and put it to our faces and turn our fans on and hope that we could suck as much out as we could. We heard the beatings that were going on for weeks after that."
Several inmates said it was a bad month to be black at Angola. According to court records, prison officials never questioned a single white inmate.
Herman Wallace was set free on October 1, 2013, at age 71, after Amnesty International called for his release on humanitarian grounds. Two days later, a grand jury reindicted him for Miller’s murder, but did not arrest him. He died the next day.
Prison officials have argued that Woodfox should not be freed from solitary confinement because "there has been no rehabilitation [from] practicing Black Pantherism." Over the past several years, Woodfox has testified about the numerous health problems he has suffered from while in solitary confinement.
The Guardian writes:
The prisoner is suffering from several medical ailments including hypertension, heart disease and kidney disease. Psychologically, his lawyers say, Woodfox is remarkably stoic and uncomplaining, but Kendall said there had been a “horrible toll” from prolonged isolation."Really the amazing thing about Albert, King, and Herman, was that they have gone through and experienced so beyond the pale what human beings can endure and have come out committed to justice," Heiss said.
"A remedy to the injustice inflicted on Albert Woodfox by the state is long overdue," said Tessa Murphy, USA campaigner at Amnesty International. "Herman Wallace gained his freedom only to die within days. Justice must not again be so cruelly delayed."
King, who Heiss calls Woodfox's "most tireless advocate," has been fighting for Woodfox’s freedom since his own release. “I may be free from Angola,” he writes on his website, "but Angola will never be free of me.”
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15) The unpublicized impact of a successful BDS action
By Roqayah Chamseddine
Thu, 2014-09-04 18:13- In Homage to the Struggle
http://english.al-akhbar.com/content/unpublicized-impact-successful-bds-action
There is no question as to how immensely successful the Block the Boat protest at the Port of Oakland, led by Arab Resource and Organizing Center (AROC) and arranged with the help of countless organizations, was. Unless you are a supporter of Israel or a journalist at the Oakland Tribune. Thousands of protesters, including an estimated 5,000 who marched on the Port of Oakland on August 16, prevented the Zim Piraeus from unloading by keeping workers from crossing their picket line to enter the port for a historic four days, making it “the longest blockade of an Israeli ship” according to AROC.
The Oakland Tribune, Haaretz, and a number of other outlets, reported that the Israeli-owned Zim Piraeus unloaded its cargo after “delays” but after speaking to a number of distributors whose cargo was being transported by Zim Piraeus I found this to be unmistakably false and misleading.
According to a document from PIERS, a database of US international trade which provides maritime logistics, at least 23 companies are clearly listed as having goods aboard Zim Piraeus – ranging from cucumber pickles and sparkling wine to ceramic tiles and solar swimming pool heaters – with some goods originating in Israel. Though building materials and agricultural produce were listed by PIERS it should be noted that Zim Integrated Shipping Services imports ammunition “manufactured by Israel Manufacturing Industries by Federal Cartridge (Federal Premium Ammunition)” which makes defense ammunition used by U.S. law enforcement and has a weapons contract with the Department of Homeland Security. Federal Premium Ammunition is a subsidiary of Alliant Techsystems, which produces Bushmaster autocannons used by U.S. forces and NATO, the AGM-88 High-speed Anti-Radiation Missile (an air-to-surface missile), Hellfire missile upgrades, and provides other weapons services to the US military and allies. The import report for Zim shows that the ammunitions originated in Israel, at the Port of Haifa and arrived at the Port of Savannah in Georgia.
Zim’s first ship, the Kedmah, was purchased in 1947, before the creation of the State of Israel, and would carry thousand of immigrants to Palestine. In 1948 Zim ships would carry arms and ammunition used to carry out the Nakba, and according to a video published online by Zim Integrated Shipping Services “Zim would play this crucial role every time Israel faced conflict.” Ze'ev Shind, a key Mossad activist who would become managing director of Zim Israel Navigation Co., president of the American-Israel Shipping Co., and Director-General of Israel's Ministry of Communications and Ministry of Defense was the organizers and principal figures organizing immigration to Palestine, according to The Canadian Jewish Chronicle. The role of Zim in the ethnic cleansing of Palestine is well documented, even by Zim sources.
Esteson Co., a direct food and beverage importer and distributor in California, posted on their Facebook page that their “garlic is now rotting on its way to Russia to be offloaded unto (sic) another vessel,” and when contacted for comment it was mentioned that a container of Zeos beer never arrived due to the Port action. All in all, Esteson Co. has not received any of their products as of September 3.
Good Stuff Distributors, located in San Francisco, California, told Al-Akhbar English that not only did they not receive their shipment of Zadona cucumber pickles as of September 3 they do not know where the cargo is and are still waiting to hear from Zadona as to where the items are. A spokesperson for Good Stuff Distributors informed Al-Akhbar English that not only were they unaware of Zim’s ties to Israel they have made it clear to Zadona, of Sinokrot Food Company, that they are to “find another vessel” as Good Stuff Distributors will no longer be using Zim.
Alfa Omega Co., which has trading partners in France, Spain and Greece, disclosed to Al-Akhbar English that their business was “greatly affected”, as they did not receive any of their products, including olives. The spokesperson was clearly unhappy, stating that the targeting of Zim by the Block the Boat protesters, specifically, is the reason that they will now look for another vessel to use for their products, despite having worked with Zim “for years”.
The sales and marketing manager at Carmichael International Service, a customs broker and freight forwarder with laminated glass aboard Zim Piraeus, told Al-Akhbar English that customers did not receive their products as of September 3, but it was due to “delays” and “port congestion,” which is undoubtedly a brazen spin on what transpired at the Port of Oakland. When examining the vessel schedule for the Zim Piraeus, dating back to July and after August 20, we find that there are no analogous delays as there was in Oakland as the vessels usually left the same day or a day after, unlike at the Port of Oakland where the “delay” was at least four days long.
Cynara Worldwide Sourcing Inc., located in Fresno, California, said that all products on the Zim Piraeus were not only never unloaded but that they were sent to Shanghai and they wouldn’t receive them until at least the end of the month. As a result of Block the Boat, the spokesperson told Al-Akhbar English that they have put an immediate halt to “everything on Zim” and will now be looking for other vessels they can use.
The most curious case in regards to Block the Boat is that of American Metals and Chemicals, located in Hollywood, Florida. A representative told Al-Akhbar English that they did not receive their shipment of alkyl sulfonic acid, and that the cargo was diverted to Russia. When asked who they were contacted by the representative stated that a letter was delivered from an attorney’s office, though they could not find the letter at the time of the phonecall so as to disclose which office. The letter stated, in part, that their shipment was “turned away because of the strike” at the Port of Oakland. There was also a follow up telephone call from the same office, letting them know that their products were being diverted.
The remaining consignees listed as having cargo delivered to the Port of Oakland by the Zim Piraeus during the Block the Boat campaign were contacted by Al-Akhbar English but did not immediately return calls for comment on the whereabouts of their goods – based on what was revealed by the 6 companies that did supply information it is not difficult to assume that they faced comparable circumstances. Regardless, Block the Boat was not only successful in keeping the Zim Piraeus from unloading the aforementioned cargo but due specifically to this action a number of companies are now either putting a hold on all products using Zim vessels or reconsidering using Zim, which is not only contrary to what the media has reported but an impressive achievement for the movement for boycotts, divestment and sanctions (BDS) against Israel.
Roqayah Chamseddine is a Sydney based Lebanese-American journalist and commentator. She tweets @roqchams and writes 'Letters From the Underground.'
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C.
SPECIAL APPEALS AND
ONGOING
CAMPAIGNS
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Free the Whistle-Blowers
An Appeal from Daniel Ellsberg
I am immensely thankful to both these young whistle-blowers who have so bravely stood up against the powerful forces of the US government in order to reveal corruption, illegal spying and war crimes. They were both motivated by their commitments to democracy and justice. They both chose to reveal information directly to the public, at great cost to themselves, so that citizens and taxpayers could be fully informed of the facts. They also revealed the amazing potential of new technologies to increase public access to information and strengthen democracy. It saddens me that our current political leaders, rather than embracing this potential, have chosen to tighten their strangleholds on power and information, turning away from both progress and justice.
Shockingly, the Obama administration has prosecuted more whistle-blowers under the Espionage Act than every previous president combined. These heroes do not deserve to be thrown in prison or called a traitor for doing the right thing. Obama’s unprecedented and unconstitutional abuse of the Espionage Act—as if it were a British-type Official Secrets Act, never intended by Congress and a violation of our First Amendment—and Manning’s 35-year prison sentence will have a chilling effect on future citizens’ willingness to uncover hidden injustices. The government has already brought comparable charges against Snowden.
The only remedy to this chilling precedent, designed to effect government whistle-blowers as a whole, is to overturn the Manning verdict. Given that Manning’s court martial produced the longest trial record in US military history, it will take a top legal team countless hours to prepare their defense. But as an Advisory Board member for the Chelsea Manning Support Network, I was inspired by the way citizens around the world stepped forward to help fund a strong defense during Manning’s trial. I remain hopeful that enough people will recognize the immense importance of these appeals and will contribute to help us finish the struggle we started. That struggle, of course, is for a just political system and freedom for our whistle-blowers.
Chelsea Manning has continued to demonstrate uncommon bravery and character, even from behind bars. With the New York Times Op-Ed she published last month, she has cemented her position as a compelling voice for government reform. Working as an intelligence analyst in Iraq, Manning was privy to a special view of the inner-workings of our military’s propaganda systems. Despite her personal struggles, she felt compelled to share her knowledge of what was happening in Iraq with the Americans people. If the military hadn’t hidden the number of civilian casualties and incidences of torture detailed in the Iraq Logs she released, we would have known far sooner to expect the civil war that has gripped Iraq fully today. Her exposure of US knowledge of the corruption in Tunisia, by the dictator our government supported, was a critical catalyst of the non-violent uprising which toppled that dictator, in turn directly inspiring the occupation of Tahrir Square in Egypt and then the Occupy movement in the US
I personally am inspired by Chelsea Manning as I am by Edward Snowden, which is why I have spent countless hours advocating for both of them. I’m asking you to join me today in supporting what I believe to be one of the most important legal proceedings in our country’s history. We are fortunate to have a truly impressive legal team that has agreed to partner with us. Already, our new appeals attorney Nancy Hollander and her team have begun to research legal strategies, and are collaborating with Amnesty International, the American Civil Liberties Union, and the international news media to highlight the significance of this case.
Chelsea is only 26 now, younger than I was when I learned to recognize the injustices of the Vietnam War. She wishes to complete her education, as I did, and go into public service. Imagine what great things she could both learn and teach the world if she were free. Now imagine if our corrupt government officials are allowed to get their way, holding her behind bars until life has almost passed her by, and extraditing Snowden to suffer the same outcome. What a sad result that would be for our country and our humanity.
I have been waiting forty years for a legal process to at long last prove the unconstitutionality of the Espionage Act as applied to whistle-blowers (the Supreme Court has never yet addressed this issue). This appeals process can accomplish that, and it can reduce Chelsea’s sentence by decades. But unfortunately, without your help today it will not happen. We must raise $100,000 by September 1st, to ensure that Chelsea’s team have the resources to fully fight this stage of the appeals process.
Unless Manning’s conviction is overturned in appeals, Snowden and many other whistle-blowers, today and in the future, will face a similar fate. And with them will perish one of the most critical lifelines for our democracy. But you can join me in fighting back. I’m asking you to do it for Chelsea, to do it for Snowden, and to do it because it’s the right thing to do to preserve our democracy. We can only win this great struggle with your help. Please contribute to help us fund Chelsea’s legal appeals today.
It’s time we band together on the right side of history once again.
Free the Whistle-Blowers
An Appeal from Daniel Ellsberg
July 21, 2014 by Daniel Ellsberg
NSA whistle-blower Edward Snowden, a personal hero of mine, has recently filed to renew his asylum in Russia. Exiled thousands of miles from friends and family, he awaits his fate. He learned from the example of another top hero of mine, Chelsea Manning. Manning helped inspire his revelations that if he released his vital information while in this country he would have been held incommunicado in isolation as Chelsea was for over ten months—in Snowden’s case probably for the rest of his life. And facing comparable charges to Chelsea’s, he would have no more chance than Chelsea to have a truly fair trial—being prevented by the prosecution and judge (as I was, forty years ago) from even raising arguments of public interest or lack of harm in connection with his disclosures. Contrary to the hollow advice of Hillary Clinton or John Kerry, if he were to return to America he would not be able to “make his case” neither “in court,” nor “to the public” from a prison cell.I am immensely thankful to both these young whistle-blowers who have so bravely stood up against the powerful forces of the US government in order to reveal corruption, illegal spying and war crimes. They were both motivated by their commitments to democracy and justice. They both chose to reveal information directly to the public, at great cost to themselves, so that citizens and taxpayers could be fully informed of the facts. They also revealed the amazing potential of new technologies to increase public access to information and strengthen democracy. It saddens me that our current political leaders, rather than embracing this potential, have chosen to tighten their strangleholds on power and information, turning away from both progress and justice.
Shockingly, the Obama administration has prosecuted more whistle-blowers under the Espionage Act than every previous president combined. These heroes do not deserve to be thrown in prison or called a traitor for doing the right thing. Obama’s unprecedented and unconstitutional abuse of the Espionage Act—as if it were a British-type Official Secrets Act, never intended by Congress and a violation of our First Amendment—and Manning’s 35-year prison sentence will have a chilling effect on future citizens’ willingness to uncover hidden injustices. The government has already brought comparable charges against Snowden.
The only remedy to this chilling precedent, designed to effect government whistle-blowers as a whole, is to overturn the Manning verdict. Given that Manning’s court martial produced the longest trial record in US military history, it will take a top legal team countless hours to prepare their defense. But as an Advisory Board member for the Chelsea Manning Support Network, I was inspired by the way citizens around the world stepped forward to help fund a strong defense during Manning’s trial. I remain hopeful that enough people will recognize the immense importance of these appeals and will contribute to help us finish the struggle we started. That struggle, of course, is for a just political system and freedom for our whistle-blowers.
Chelsea Manning has continued to demonstrate uncommon bravery and character, even from behind bars. With the New York Times Op-Ed she published last month, she has cemented her position as a compelling voice for government reform. Working as an intelligence analyst in Iraq, Manning was privy to a special view of the inner-workings of our military’s propaganda systems. Despite her personal struggles, she felt compelled to share her knowledge of what was happening in Iraq with the Americans people. If the military hadn’t hidden the number of civilian casualties and incidences of torture detailed in the Iraq Logs she released, we would have known far sooner to expect the civil war that has gripped Iraq fully today. Her exposure of US knowledge of the corruption in Tunisia, by the dictator our government supported, was a critical catalyst of the non-violent uprising which toppled that dictator, in turn directly inspiring the occupation of Tahrir Square in Egypt and then the Occupy movement in the US
I personally am inspired by Chelsea Manning as I am by Edward Snowden, which is why I have spent countless hours advocating for both of them. I’m asking you to join me today in supporting what I believe to be one of the most important legal proceedings in our country’s history. We are fortunate to have a truly impressive legal team that has agreed to partner with us. Already, our new appeals attorney Nancy Hollander and her team have begun to research legal strategies, and are collaborating with Amnesty International, the American Civil Liberties Union, and the international news media to highlight the significance of this case.
Chelsea is only 26 now, younger than I was when I learned to recognize the injustices of the Vietnam War. She wishes to complete her education, as I did, and go into public service. Imagine what great things she could both learn and teach the world if she were free. Now imagine if our corrupt government officials are allowed to get their way, holding her behind bars until life has almost passed her by, and extraditing Snowden to suffer the same outcome. What a sad result that would be for our country and our humanity.
I have been waiting forty years for a legal process to at long last prove the unconstitutionality of the Espionage Act as applied to whistle-blowers (the Supreme Court has never yet addressed this issue). This appeals process can accomplish that, and it can reduce Chelsea’s sentence by decades. But unfortunately, without your help today it will not happen. We must raise $100,000 by September 1st, to ensure that Chelsea’s team have the resources to fully fight this stage of the appeals process.
Unless Manning’s conviction is overturned in appeals, Snowden and many other whistle-blowers, today and in the future, will face a similar fate. And with them will perish one of the most critical lifelines for our democracy. But you can join me in fighting back. I’m asking you to do it for Chelsea, to do it for Snowden, and to do it because it’s the right thing to do to preserve our democracy. We can only win this great struggle with your help. Please contribute to help us fund Chelsea’s legal appeals today.
It’s time we band together on the right side of history once again.
Daniel Ellsberg
Please contribute to help us fund Chelsea’s legal appeals today!
Learn now how you can write a letter to be included in Chelsea Manning’s official application for clemency!
Please share this information to friends and community leaders, urging them to add their voice to this important effort before it's too late.
Please share this information to friends and community leaders, urging them to add their voice to this important effort before it's too late.
http://www.privatemanning.org/pardonpetition
Help
us continue to cover 100%
of Pvt. Manning's legal fees! Donate today.
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
http://couragetoresist.org
484 Lake Park Ave #41, Oakland CA 94610
510-488-3559
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Only an Innocent Man Would Voluntarily Return
to Prison to Fight Against his Life Sentence
and For Exoneration —
That Courageous Man is Lorenzo Johnson.
The PA Attorney General’s Office Agrees to Investigate New Facts and Witnesses —
Send Your Message Now to PA AG
Kathleen Kane: Dismiss the Charges!
Free Lorenzo Johnson!
On January 29, 2014 Lorenzo Johnson’s attorney, Michael Wiseman, met with representatives of PA Attorney General Kathleen Kane to discuss the new evidence of Lorenzo Johnson’s innocence contained in legal filings now pending in the Pennsylvania courts. This includes affidavits confirming Johnson’s presence in New York City at the time of the Harrisburg murder and the identity of the actual killers, as well as police and prosecutorial misconduct.
Attorney Wiseman said Kane’s office promised to investigate these new facts in order to assess whether they merit the relief that Lorenzo Johnson seeks in his PCRA petition.
Speaking to AP reporter Mary Claire Dale on February 11, 2014 Wiseman said, “We believe the witnesses we presented to them are credible, and give a coherent version of the events. I take them at their word, that they’re going to do a straightforward, honest review.” Kane spokesman Joe Peters confirmed the meeting to AP “but said the office won’t comment on the new evidence until the court filing,” (referring to the March 31, 2014 date for the AG’s response to Johnson’s October 2013 court filing).
It is the Office of the PA Attorney General that is responsible for the false prosecution of Lorenzo Johnson from trial through appeals. And just a few months ago, the Attorney General’s office opposed a federal petition based on this new evidence saying there was no prima facie claim for relief. This resulted in the denial of Lorenzo Johnson’s Motion to File a Second Writ of Habeas Corpus in the federal court.
On December 18, 2013 a press conference called by the Campaign to Free Lorenzo Johnson protested these actions of the PA Attorney General and delivered petitions demanding dismissal of the charges and immediate freedom for Lorenzo. Tazza, Lorenzo’s wife, declared, “1,000 signatures means we are not in this alone…I won't stop until he’s home. There is nothing and no one that can stop me from fighting for what’s right.”
This is Lorenzo Johnson’s second fight for his innocence and freedom. In January 2012, after 16 years of court battles to prove his innocence, a federal appeals court held his sentence was based on insufficient evidence – a judicial acquittal. Lorenzo was freed from prison. But after a petition filed by the PA Attorney General the U.S. Supreme Court reinstated Lorenzo Johnson’s conviction and he was re-incarcerated to continue serving a life sentence without parole for a murder he did not commit.
This innocent man drove himself back to prison in June 2012—after less than five months of freedom—leaving his new wife and family, construction job and advocacy on behalf of others wrongfully convicted. The reason Lorenzo Johnson voluntarily returned to prison? Because he is innocent and fighting for full vindication.
In the words of Lorenzo Johnson, “A second is too long to be in prison when you are Innocent, so eighteen years … is Intolerable.”
Add your voices and demand again: Dismiss the charges against Lorenzo Johnson. Free Lorenzo NOW!
SIGN LORENZO JOHNSON'S FREEDOM PETITION
CONTRIBUTE TO HELP TAZZA AND THE OTHER FAMILY MEMBERS VISIT LORENZO AND STAY IN CONTACT!
Write: Lorenzo Johnson
DF 1036
SCI Mahanoy
301 Morea Rd.
Frackville, PA 17932
Email: Lorenzo Johnson through JPAY.com code:
Lorenzo Johnson DF 1036 PA DOC
www.FreeLorenzoJohnson.org
Only an Innocent Man Would Voluntarily Return
to Prison to Fight Against his Life Sentence
and For Exoneration —
That Courageous Man is Lorenzo Johnson.
The PA Attorney General’s Office Agrees to Investigate New Facts and Witnesses —
Send Your Message Now to PA AG
Kathleen Kane: Dismiss the Charges!
Free Lorenzo Johnson!
On January 29, 2014 Lorenzo Johnson’s attorney, Michael Wiseman, met with representatives of PA Attorney General Kathleen Kane to discuss the new evidence of Lorenzo Johnson’s innocence contained in legal filings now pending in the Pennsylvania courts. This includes affidavits confirming Johnson’s presence in New York City at the time of the Harrisburg murder and the identity of the actual killers, as well as police and prosecutorial misconduct.
Attorney Wiseman said Kane’s office promised to investigate these new facts in order to assess whether they merit the relief that Lorenzo Johnson seeks in his PCRA petition.
Speaking to AP reporter Mary Claire Dale on February 11, 2014 Wiseman said, “We believe the witnesses we presented to them are credible, and give a coherent version of the events. I take them at their word, that they’re going to do a straightforward, honest review.” Kane spokesman Joe Peters confirmed the meeting to AP “but said the office won’t comment on the new evidence until the court filing,” (referring to the March 31, 2014 date for the AG’s response to Johnson’s October 2013 court filing).
It is the Office of the PA Attorney General that is responsible for the false prosecution of Lorenzo Johnson from trial through appeals. And just a few months ago, the Attorney General’s office opposed a federal petition based on this new evidence saying there was no prima facie claim for relief. This resulted in the denial of Lorenzo Johnson’s Motion to File a Second Writ of Habeas Corpus in the federal court.
On December 18, 2013 a press conference called by the Campaign to Free Lorenzo Johnson protested these actions of the PA Attorney General and delivered petitions demanding dismissal of the charges and immediate freedom for Lorenzo. Tazza, Lorenzo’s wife, declared, “1,000 signatures means we are not in this alone…I won't stop until he’s home. There is nothing and no one that can stop me from fighting for what’s right.”
This is Lorenzo Johnson’s second fight for his innocence and freedom. In January 2012, after 16 years of court battles to prove his innocence, a federal appeals court held his sentence was based on insufficient evidence – a judicial acquittal. Lorenzo was freed from prison. But after a petition filed by the PA Attorney General the U.S. Supreme Court reinstated Lorenzo Johnson’s conviction and he was re-incarcerated to continue serving a life sentence without parole for a murder he did not commit.
This innocent man drove himself back to prison in June 2012—after less than five months of freedom—leaving his new wife and family, construction job and advocacy on behalf of others wrongfully convicted. The reason Lorenzo Johnson voluntarily returned to prison? Because he is innocent and fighting for full vindication.
In the words of Lorenzo Johnson, “A second is too long to be in prison when you are Innocent, so eighteen years … is Intolerable.”
Add your voices and demand again: Dismiss the charges against Lorenzo Johnson. Free Lorenzo NOW!
SIGN LORENZO JOHNSON'S FREEDOM PETITION
CONTRIBUTE TO HELP TAZZA AND THE OTHER FAMILY MEMBERS VISIT LORENZO AND STAY IN CONTACT!
Write: Lorenzo Johnson
DF 1036
SCI Mahanoy
301 Morea Rd.
Frackville, PA 17932
Email: Lorenzo Johnson through JPAY.com code:
Lorenzo Johnson DF 1036 PA DOC
www.FreeLorenzoJohnson.org
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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!
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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SAVE
CCSF!
Posted
on August 25, 2013
Cartoon
by Anthonty Mata for CCSF Guardsman
DOE
CAMPAIGN
We
are working to ensure that the ACCJC’s authority is not renewed by the
Department of Education this December when they are up for their 5-year
renewal. Our campaign made it possible for over 50 Third Party Comments to be
sent to the DOE re: the ACCJC. Our next step in this campaign is to send a
delegation from CCSF to Washington, D.C. to give oral comments at the hearing
on December 12th. We expect to have an array of forces aligned on the other
side who have much more money and resources than we do.
So
please support this effort to get ACCJC authority revoked!
LEGAL
CAMPAIGN
Save
CCSF members have been meeting with Attorney Dan Siegel since last May to
explore legal avenues to fight the ACCJC. After much consideration, and
consultation with AFT 2121’s attorney as well as the SF City Attorney’s office,
Dan has come up with a legal strategy that is complimentary to what is already
being pursued. In fact, AFT 2121’s attorney is encouraging us to go forward.
The
total costs of pursuing this (depositions, etc.) will be substantially more
than $15,000. However, Dan is willing to do it for a fixed fee of $15,000. He
will not expect a retainer, i.e. payment in advance, but we should start
payments ASAP. If we win the ACCJC will have to pay our costs.
PLEASE
HELP BOTH OF THESE IMPORTANT EFFORTS!
Checks
can be made out to Save CCSF Coalition with “legal” in the memo line and sent
to:
Save
CCSF Coalition
2132
Prince St.
Berkeley, CA 94705
Or
you may donate online: http://www.gofundme.com/4841ns
http://www.saveccsf.org/
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16 Years in Solitary Confinement Is Like a "Living Tomb"
American
Civil Liberties Union petition to end long-term solitary confinement:
California
Corrections Secretary Jeffrey Beard: We stand with the prisoners on hunger
strike. We urge you to comply with the US Commission on Safety and Abuse in
America’s Prisons 2006 recommendations regarding an end to long-term solitary
confinement.
In
California, hundreds of prisoners have been held in solitary for more than a
decade – some for infractions as trivial as reading Machiavelli's "The
Prince."
Gabriel
Reyes describes the pain of being isolated for at least 22 hours a day for the
last 16 years:
“Unless
you have lived it, you cannot imagine what it feels like to be by yourself,
between four cold walls, with little concept of time…. It is a living tomb …’ I
have not been allowed physical contact with any of my loved ones since 1995…I
feel helpless and hopeless. In short, I am being psychologically tortured.”
That’s
why over 30,000 prisoners in California began a hunger strike – the biggest the
state has ever seen. They’re refusing food to protest prisoners being held for
decades in solitary and to push for other changes to improve their basic
conditions.
California
Corrections Secretary Jeffrey Beard has tried to dismiss the strikers and
refuses to negotiate, but the media pressure is building through the strike. If
tens of thousands of us take action, we can help keep this issue in the
spotlight so that Secretary Beard can’t ignore the inhumane treatment of
prisoners.
Sign
the petition urging Corrections Secretary Beard to end the use of long-term
solitary confinement.
Solitary
is such an extreme form of punishment that a United Nations torture rapporteur
called for an international ban on the practice except in rare occasions.
Here’s why:
The
majority of the 80,000 people held in solitary in this country are severely
mentally ill or because of a minor infraction (it’s a myth that it’s only for
violent prisoners)
Even
for people with stable mental health, solitary causes severe psychological
reactions, often leading people to attempt suicide
It
jeopardizes public safety because prisoners held in solitary have a harder time
reintegrating into society.
And
to add insult to injury, the hunger strikers are now facing retaliation – their
lawyers are being restricted from visiting and the strikers are being punished.
But the media continues to write about the hunger strike and we can help keep
the pressure on Secretary Beard by signing this petition.
Sign
the petition urging Corrections Secretary Beard to end the use of long-term
solitary confinement.
Our
criminal justice system should keep communities safe and treat people fairly.
The use of solitary confinement undermines both of these goals – but little by
little, we can help put a stop to such cruelty.
Thank
you,
Anthony
for the ACLU Action team
P.S.
The hunger strikers have developed five core demands to address their basic
conditions, the main one being an end to long-term solitary confinement. They
are:
-End
group punishment – prisoners say that officials often punish groups to address
individual rule violations
-Abolish
the debriefing policy, which is often demanded in return for better food or
release from solitary
-End
long-term solitary confinement
-Provide
adequate and nutritious food
-Expand
or provide constructive programming and privileges for indefinite SHU inmates
Sources
“Solitary
- and anger - in California's prisons.” Los Angeles Times July 13, 2013
“Pelican
Bay Prison Hunger-Strikers' Stories: Gabriel Reyes.” TruthOut July 9, 2013
“Solitary
confinement should be banned in most cases, UN expert says.” UN News October
18, 2011
"Stop
Solitary - Two Pager" ACLU.org
*---------*---------*---------*---------*---------*---------*
What
you Didn't know about NYPD's Stop and Frisk program !
http://www.youtube.com/watch?feature=player_embedded&v=rfJHx0Gj6ys#at=990
*---------*---------*---------*---------*---------*---------*
Egypt:
The Next President -- a little Egyptian boy speaks his remarkable mind!
http://www.youtube.com/watch?v=QeDm2PrNV1I
*---------*---------*---------*---------*---------*---------*
Wealth
Inequality in America
[This
is a must see to believe video...bw]
https://www.youtube.com/watch?feature=player_embedded&v=QPKKQnijnsM
*---------*---------*---------*---------*---------*---------*
*---------*---------*---------*---------*---------*---------*
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
*---------*---------*---------*---------*---------*---------*
*---------*---------*---------*---------*---------*---------*
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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WITNESS
GAZA
http://www.witnessgaza.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]
*---------*---------*---------*---------*---------*---------*
*---------*---------*---------*---------*---------*---------*
Prison vs School: The Tour
https://www.youtube.com/watch?v=ogmtAQlp9HI
*---------*---------*---------*---------*---------*---------*
*---------*---------*---------*---------*---------*---------*
*---------*---------*---------*---------*---------*---------*
Checkpoint - Jasiri X
http://www.youtube.com/watch?v=Dq6Y6LSjulU
Published on Jan 28, 2014
"Checkpoint" is based on the
oppression and discrimination Jasiri X witnessed firsthand during his
recent trip to Palestine and Israel "Checkpoint" is produced by Agent of
Change, and directed by Haute Muslim. Download "Checkpoint" at https://jasirix.bandcamp.com/track/ch....
Follow Jasiri X at https://twitter.com/jasiri_x
LYRICS
Journal of the hard times tales from the dark side
Evidence of the settlements on my hard drive
Man I swear my heart died at the end of that car ride
When I saw that checkpoint welcome to apartheid
Soldiers wear military green at the checkpoint
Automatic guns that's machine at the checkpoint
Tavors not m16s at the checkpoint
Fingers on the trigger you'll get leaned at the checkpoint
Little children grown adults or teens at the checkpoint
All ya papers better be clean at the checkpoint
You gotta but your finger on the screen at the checkpoint
And pray that red light turns green at the check point
If Martin Luther King had a dream of the checkpoint
He wake with loud screams from the scenes at the checkpoint
It's Malcolm X by any means at the check point
Imagine if you daily routine was the checkpoint
Separation walls that's surrounding the checkpoint
On top is barbwire like a crown on the checkpoint
Better have ya permits if your found at the checkpoint
Gunmen on the tower aiming down at the checkpoint
The idea is to keep you in fear of the checkpoint
You enter through the cage in the rear of the checkpoint
It feels like prison on a tier at the check point
I'd rather be anywhere but here at this checkpoint
Nelson Mandela wasn't blind to the check point
He stood for free Palestine not a check point
Support BDS don't give a dime to the checkpoint
This is international crime at the checkpoint
Arabs get treated like dogs at the checkpoint
Cause discrimination is the law at the checkpoint
Criminalized without a cause at the checkpoint
I'm just telling you what I saw at the checkpoint
Soldiers got bad attitudes at the checkpoint
Condescending and real rude at the checkpoint
Don't look em in they eyes when they move at the checkpoint
They might strip a man or woman nude at the checkpoint
Soldiers might blow you out of ya shoes at the checkpoint
Gas you up and then light the fuse at the checkpoint
Everyday you stand to be accused at the checkpoint
Each time your life you could lose at the checkpoint
If Martin Luther King had a dream of the checkpoint
He wake with loud screams from the scenes at the checkpoint
It's Malcolm X by any means at the check point
Imagine if you daily routine was the checkpoint
At the airport in Tel Aviv is a checkpoint
They pulled over our taxi at the checkpoint
Passport visa ID at the checkpoint
Soldiers going all through my things at the checkpoint
Said I was high risk security at the checkpoint
Because of the oppression I see at the checkpoint
Occupation in the 3rd degree at the checkpoint
All a nigga wanna do is leave fuck a checkpoint
Follow Jasiri X at https://twitter.com/jasiri_x
LYRICS
Journal of the hard times tales from the dark side
Evidence of the settlements on my hard drive
Man I swear my heart died at the end of that car ride
When I saw that checkpoint welcome to apartheid
Soldiers wear military green at the checkpoint
Automatic guns that's machine at the checkpoint
Tavors not m16s at the checkpoint
Fingers on the trigger you'll get leaned at the checkpoint
Little children grown adults or teens at the checkpoint
All ya papers better be clean at the checkpoint
You gotta but your finger on the screen at the checkpoint
And pray that red light turns green at the check point
If Martin Luther King had a dream of the checkpoint
He wake with loud screams from the scenes at the checkpoint
It's Malcolm X by any means at the check point
Imagine if you daily routine was the checkpoint
Separation walls that's surrounding the checkpoint
On top is barbwire like a crown on the checkpoint
Better have ya permits if your found at the checkpoint
Gunmen on the tower aiming down at the checkpoint
The idea is to keep you in fear of the checkpoint
You enter through the cage in the rear of the checkpoint
It feels like prison on a tier at the check point
I'd rather be anywhere but here at this checkpoint
Nelson Mandela wasn't blind to the check point
He stood for free Palestine not a check point
Support BDS don't give a dime to the checkpoint
This is international crime at the checkpoint
Arabs get treated like dogs at the checkpoint
Cause discrimination is the law at the checkpoint
Criminalized without a cause at the checkpoint
I'm just telling you what I saw at the checkpoint
Soldiers got bad attitudes at the checkpoint
Condescending and real rude at the checkpoint
Don't look em in they eyes when they move at the checkpoint
They might strip a man or woman nude at the checkpoint
Soldiers might blow you out of ya shoes at the checkpoint
Gas you up and then light the fuse at the checkpoint
Everyday you stand to be accused at the checkpoint
Each time your life you could lose at the checkpoint
If Martin Luther King had a dream of the checkpoint
He wake with loud screams from the scenes at the checkpoint
It's Malcolm X by any means at the check point
Imagine if you daily routine was the checkpoint
At the airport in Tel Aviv is a checkpoint
They pulled over our taxi at the checkpoint
Passport visa ID at the checkpoint
Soldiers going all through my things at the checkpoint
Said I was high risk security at the checkpoint
Because of the oppression I see at the checkpoint
Occupation in the 3rd degree at the checkpoint
All a nigga wanna do is leave fuck a checkpoint
*---------*---------*---------*---------*---------*---------*
*---------*---------*---------*---------*---------*---------*
Exceptional
art from the streets of Oakland:
Oakland
Street Dancing
*---------*---------*---------*---------*---------*---------*
NYC
RESTAURANT WORKERS DANCE & SING FOR A WAGE HIKE
http://www.youtube.com/watch?v=L_s8e1R6rG8&feature=player_embedded
*---------*---------*---------*---------*---------*---------*
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
*---------*---------*---------*---------*---------*---------*
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
*---------*---------*---------*---------*---------*---------*
1000
year of war through the world
http://www.youtube.com/watch?v=NiG8neU4_bs&feature=share
*---------*---------*---------*---------*---------*---------*
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
*---------*---------*---------*---------*---------*---------*
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
*---------*---------*---------*---------*---------*---------*
Kids
being put on buses and transported from school to "alternate
locations" in
Terror
Drills
http://www.youtube.com/watch?v=qFia_w8adWQ
*---------*---------*---------*---------*---------*---------*
Private
prisons,
a
recession resistant investment opportunity
http://www.youtube.com/watch?v=DIGLDOxx9Vg
*---------*---------*---------*---------*---------*---------*
Attack
Dogs used on a High School Walkout in MD, Four Students Charged With
"Thought
Crimes"
http://www.youtube.com/watch?v=_wafMaML17w
*---------*---------*---------*---------*---------*---------*
Common
forms of misconduct by Law Enforcement Officials and Prosecutors
http://www.youtube.com/watch?v=ViSpM4K276w&feature=related
*---------*---------*---------*---------*---------*---------*
Organizing
and Instigating: OCCUPY - Ronnie Goodman
http://arthazelwood.com/instigator/occupy/occupy-birth-video.html
*---------*---------*---------*---------*---------*---------*
Rep
News 12: Yes We Kony
http://www.youtube.com/watch?v=68GbzIkYdc8
*---------*---------*---------*---------*---------*---------*
The
New Black by The Mavrix - Official Music Video
https://www.youtube.com/watch?v=Y4rLfja8488
*---------*---------*---------*---------*---------*---------*
Japan
One Year Later
http://www.onlineschools.org/japan-one-year-later/
*---------*---------*---------*---------*---------*---------*
The
CIA's Heart Attack Gun
http://www.brasschecktv.com/videos/assassination-studies/the-cias-heart-attack-g\
un-.html
*---------*---------*---------*---------*---------*---------*
The
Invisible American Workforce
http://www.democracynow.org/2011/8/5/new_expos_tracks_alec_private_prison
*---------*---------*---------*---------*---------*---------*
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.
*---------*---------*---------*---------*---------*---------*
The
Battle of Oakland
by
brandon jourdan plus
http://vimeo.com/36256273
*---------*---------*---------*---------*---------*---------*
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
*---------*---------*---------*---------*---------*---------*
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.
*---------*---------*---------*---------*---------*---------*
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
*---------*---------*---------*---------*---------*---------*
Julian
Assange: Why the world needs WikiLeaks
http://www.youtube.com/watch?v=bVGqE726OAo&feature=player_embedded
*---------*---------*---------*---------*---------*---------*
School
police increasingly arresting American students?
http://www.youtube.com/watch?v=Zl-efNBvjUU&feature=player_embedded
*---------*---------*---------*---------*---------*---------*
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
*---------*---------*---------*---------*---------*---------*
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/
*---------*---------*---------*---------*---------*---------*
We
Are The People Who Will Save Our Schools
YouTube:
http://www.youtube.com/watch?v=lFAOJsBxAxY
*---------*---------*---------*---------*---------*---------*
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
*---------*---------*---------*---------*---------*---------*
HALLELUJAH
CORPORATIONS (revised edition).mov
http://www.youtube.com/watch?v=ws0WSNRpy3g
*---------*---------*---------*---------*---------*---------*
ONE
OF THE GREATEST POSTS ON YOUTUBE SO FAR!
http://www.youtube.com/watch?v=M8C-qIgbP9o&feature=share&mid=552
*---------*---------*---------*---------*---------*---------*
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
*---------*---------*---------*---------*---------*---------*
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
*---------*---------*---------*---------*---------*---------*
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
*---------*---------*---------*---------*---------*---------*
FREE
THE CUBAN FIVE!
http://www.thecuban5.org/wordpress/index.php
http://www.youtube.com/watch?v=JmS4kHC_OlY&feature=player_embedded
*---------*---------*---------*---------*---------*---------*
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
*---------*---------*---------*---------*---------*---------*
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
*---------*---------*---------*---------*---------*---------*
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
*---------*---------*---------*---------*---------*---------*
Coal
Ash: One Valley's Tale
http://www.youtube.com/watch?v=6E7h-DNvwx4&feature=player_embedded
*---------*---------*---------*---------*---------*---------*
*---------*---------*---------*---------*---------*---------*
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