Friday, April 05, 2019

BAUAW NEWSLETTER, FIIDAY, APRIL 5, 2019

BREAKING: A high level source within the Ecuadorian 

state has told @WikiLeaks that Julian Assange will be 

expelled within "hours to days" using  the #INAPapers 

offshore scandal as a pretext--and that it already has an 

agreement with the UK for his arrest.

https://twitter.com/wikileaks

Ecuador twists embarrassing INA Papers into pretext to oust Assange

(en Español)

On 26 March, WikiLeaks’ Twitter account announced that President Moreno is being investigated by Ecuador’s Congress for corruption, sparked by the INA Papers leak. The same tweet referenced President Moreno’s attempt to surrender Assange in exchange for US debt relief, a fact that had been reported by The New York Times.

The following day, Foreign Minister Jose Valencia said that the WikiLeaks tweet was “an absurd lie to harm the dignity of our country… we will not tolerate… inventions and insults… I cannot anticipate when and when we will take action in relation to this, but we will take action for certain.”

On 28 March, Communications Minister Andrés Michelena told CNN Español that the INApapers were part of a plot of Julian Assange, Venezuelan President Maduro and former Ecuadorian President Correa to bring down Moreno’s government. He added, “You have to understand how these people are connected, Mr. Assange is the Troll Center, the hacker for former President Correa, [Assange] handles the technological and social media side.”
That same day, the national assembly, in which Moreno’s party and other right parties command a majority, passed a resolution inviting the Foreign Ministry to take action against Assange’s asylum on the basis of the INApapers leak “in the national interest” if it considers it pertinent to do so.

In March 2019, Moreno’s approval ratings dropped to 17%. Statements by the government of Ecuador deliberately implicate WikiLeaks in the INApapers leak. For example, Ecuador’s Vice President Otto Sonnenholzner said in a local radio interview, “What Wikileaks and other political actors have done, to publish private photos of the President of the Republic, of his family, is a despicable, repugnant, and odious act.”
The Foreign Minister said in a radio interview: “It is absolutely outrageous, reproachable, it shows Assange for what he is… of course we will act. We will not allow his website to interfere in the private channels of communication of the Ecuadorian head of state…. he is biting the hand that feeds him.”

Foreign Minister José Valencia has stated: “we are going to analyze whether Mr. Julian Assange’s aggressive publications against the Ecuadorian state merits a legal action by the Ecuadorian state.”

On 1 April, Ecuador submitted a request to the United Nations Rapporteur on Privacy to take urgent measures in response to the INApapers publication, listing WikiLeaks as the responsible party.

President Moreno, desperate to divert public attention away from the scandal, is using the claims as a pretext to oust Julian Assange from the Ecuadorian Embassy in London. On 2 April, the President stated that Assange has “violated the ‘conditions’ of his asylum” and that he will “take a decision” “in the short term.” He said, “In WikiLeaks there is proof of espionage, of hacking, of the fact that phones have been intercepted and private conversations, there are even pictures of my bedroom.”

Assange’s lawyer in Ecuador, Carlos Poveda, explained that Assange had nothing to do with the publication: “Remember that WikiLeaks has an internal organization and Mr. Assange is no longer in the editor. We will now resort to other types of situations, especially the Inter-American Commission”. (Listen to audio here.)

Nevertheless, Ecuador’s Vice President, Otto Sonnenholzner, has suggested that Assange would be prosecuted over what he described as a WikiLeaks “hack,” alluding to the rigid protocol that Ecuador has imposed on Assange to maintain a constant threat of expulsion.
The INA Papers are a set of documents published in February 2019, allegedly uncovering the operations of INA Investment Corp, an offshore tax haven created by the brother of Ecuadorian President Lenin Moreno. The trove of emails, phone communications and expense receipts are said to link the president and his family to a series of corrupt and criminal dealings, including money laundering and offshore accounts. The leak has sparked a congressional investigation into President Moreno for corruption. Moreno can’t be summoned for a criminal probe while he remains president. He is currently being investigated and risks impeachment.

Former Consul of Ecuador Fidel Navarez denounces the “resolution based on a lie” that blames Assange for the INA Papers:

The recent reaction of the Ecuadorian government to the INAPAPERS scandal could not be worse. Instead of clarifying and making the issue transparent, the government spokesmen, to divert attention from the still timorous official investigations, position a monumental lie, accusing WikiLeaks of having leaked communications and images of President Moreno’s family circle.
Not a single document referring to INAPAPERS, or the president’s family, has ever been leaked or published by WikiLeaks, let alone by Julian Assange, who for more than half a year has not been its editor and who has been isolated for one year under a regime quasi-prison by the government of Ecuador.
Despite being an outrageous accusation, the farce has reached the point that the Ecuadorian National Assembly has issued a resolution to investigate Julián and encourages the government to take measures to “safeguard national interests.” In short, the government seeks a false pretext to end the asylum and protection of Julian Assange.

https://defend.wikileaks.org/2019/04/03/ecuador-twists-embarrassing-ina-papers-into-pretext-to-oust-assange/

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How to buy a gun in the U.S. and New Zeland:

New Zealand to Ban Military-Style Semiautomatic Guns, Jacinda Ardern Says

By Damien Cave and Charlotte Graham-McLay, March 20, 2019

https://www.nytimes.com/2019/03/21/business/boeing-safety-features-charge.html

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The Intercept.com: "Larry Krasner Responds to Progressive Critics" (Feb. 9, 2019)

www.RootsAction.org

Mumia Abu-Jamal

BREAKING NEWS! SHARE WIDELY!

On January 3, 2019 the office of District Attorney Larry Krasner filed a letter memorandum to Judge Leon Tucker. "DA [Larry Krasner], and members of his staff went to a remote and largely inaccessible of the DA's office marked "Storage" looking for office furniture." And found six boxes of files on Mumia Abu-Jamal's case that were not produced duringthe recent court proceedings.

The District Attorney Krasner's remarkable and suspicious discovery of six boxes of files marked Mumia or Mumia Abu-Jamal hidden in a storage room on December 28 was one day after Judge Tucker's historic decision granting Mumia Abu-Jamal new rights of appeal.

This is confirmation of what we've known for decades--the prosecution has hidden exculpatory evidence in Mumia's case. Evidence that is likely proof that Mumia's guilt was intentionally manufactured by the police and prosecution and the truth of his innocence suppressed.

These files should be released to the public. DA Krasner should take this as evidence of the total corruptness of this prosecution against an innocent man. The remedy for this is nothing less than dismissal of the charges against Mumia and his freedom from prison!

It took DA Krasner six days to report this find to Judge Tucker. Why? And who has gone through those six boxes of files on Mumia's case? What assurance can DA Krasner give that there hasn't been further tampering with and covering up of the evidence, which led to an innocent man being framed for murder and sentenced to death?

The DA's letter was not publicly available, nor was the January 3 docket filing shown on the court's public access web pages of docket filing, until January 9.

Rachel Wolkenstein, January 10, 2019

https://whyy.org/articles/philly-prosecutors-discover-mysterious-six-boxes-connected-to-mumia-abu-jamal-in-storage-room/

http://philly.com/news/mumia-abu-jamal-daniel-faulkner-boxes-case-files-20190110.html

WHYY (an affiliate of NPR)

https://whyy.org/articles/philly-prosecutors-discover-mysterious-six-boxes-connected-to-mumia-abu-jamal-in-storage-room/

Philly prosecutors discover mysterious 'six boxes' connected to Mumia Abu-Jamal in storage room

By Bobby AllynJanuary 9, 2019

A group of two dozen activists briefly block traffic during a rally outside the Philadelphia District Attorney's office on Friday. The group called on DA Larry Krasner to not challenge a Common Pleas court ruling that allows Mumia Abu-Jamal to file an appeal. (Bastiaan Slabbers for WHYY)

Days after Christmas, Philadelphia District Attorney Larry Krasner and some of his assistants went rummaging around an out-of-the-way storage room in the office looking for some pieces of furniture. What they stumbled upon was a surprising find: six boxes stuffed of files connected to the case of convicted cop killer Mumia Abu-Jamal.

Five of the six boxes were marked "McCann," a reference to the former head of the office's homicide unit, Ed McCann. Some of the boxes were also marked "Mumia," or the former Black Panther's full name, "Mumia Abu-Jamal."

It is unknown what exactly the files say and whether or not the box's contents will shed new light on a case that for decades has garnered worldwide attention.

But in a letter to the judge presiding over Abu-Jamal's case, Assistant District Attorney Tracey Kavanagh wrote "nothing in the Commonwealth's database showed the existence of these six boxes," she said. "We are in the process of reviewing these boxes."

The surprise discovery comes just weeks after a Philadelphia judge reinstated appeals rightsto Abu-Jamal, saying the former radio journalist and activist should get another chance to reargue his case in front of the Pennsylvania Supreme Court due to a conflict-of-interest one of the justices had at the time Abu-Jamal's petition was denied.

Abu-Jamal's supportersare seizing on the mysterious six boxes as proof that his innocence has been systematically suppressed by authorities.

"There's no question in my mind that the only reason they could've been hidden like this is that this is the evidence of the frame-up of Mumia," said Rachel Wolkenstein, who has been a legal advocate and activist for Abu-Jamal for more than 30 years.

"What these missing boxes represent is confirmation of what we've known for decades: there's hidden, exculpatory evidence in Mumia's case, and that is evidence that Mumia's guilt was intentionally manufactured by the police and prosecution and the truth of his innocence was suppressed," Wolkenstein said.

The Philadelphia District Attorney's Office did not say anything at all about what is in the boxes, or whether there is evidence that the files are exculpatory, or capable of demonstrating that Abu-Jamal did not commit a crime. During his original trial three separate eyewitnesses testified Mumia did commit the murder of Philadelphia Police Officer Daniel Faulkner.

Wolkenstein's assessment is wild speculation, according to Ed McCann, the former homicide unit chief whose name was scrawled across the six boxes. McCann left the office in 2015 after 26 years there as a prosecutor. He was never directly involved in Abu-Jamal's case.

"I can't tell you 100% what is in these boxes," McCann said Wednesday night. "But I doubt there is anything in them that is not already in the public eye."

How and why did six boxes tied to one of the most legendary and racially-charged cases the office has ever handled get relegated to a dusty storage room?

McCann is not sure. But he said when the office moved locations in 2006, hundreds of boxes with his name written them were moved into the current headquarters on South Penn Square, just across the street from Philadelphia City Hall.

"I don't remember these six boxes. But nobody over there discussed this with me before filing this letter," McCann said. "I would think if they were really interested in what happened, they would have reached out to me."

In the two-page letter to the court, assistant district attorney Kavanagh wrote that if Judge Leon Tucker would like to review the boxes, prosecutors will turn them over.

Tucker, who is the same judge who ordered that Abu-Jamal should be given a new appeals argument, has not weighed in on the newly-discovered boxes.

But in his opinion last month, Tucker said former Pennsylvania Supreme Court Justice Ronald Castille should have recused himself from hearing Abu-Jamal's petitions, since Castille himself was Philadelphia's District Attorney when the case was actively on appeal. "True justice must be completely just without even a hint of partiality, lack of integrity or impropriety," wrote Tucker, saying a new hearing in front of the state's high court is warranted.

Prosecutors have not taken a position yet on Tucker's opinion. The files unearthed in the six boxes could influence whether Krasner's office supports or opposes a new hearing for Abu-Jamal.

Wolkenstein said the thousands of people who have joined the "Free Mumia" movement around the globe should be able to review the documents themselves.

"These files should be released publicly," Wolkenstein said. "The remedy for this is nothing less than dismissal of Mumia's charges and his release from prison."

Mumia Abu-Jamal Letter 1.3.19by on Scribd

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Statement: Academic Institutions Must Defend Free Speech

The International Committee for Peace, Justice and Dignity issued the following statement on 23 December, signed by 155 distinguished academics and human rights advocates.

Sign on and show your support: https://diy.rootsaction.org/petitions/academic-institutions-must-defend-free-speech?just_launched=true

Petition Text

Statement issued by the International Committee for Peace, Justice and Dignity:

We, the undersigned, oppose the coordinated campaign to deny academics their free speech rights due to their defense of Palestinian rights and criticism of the policies and practices of the state of Israel. Temple University in Philadelphia, USA and the University of Sydney, Australia have been under great pressure to fire, respectively, Marc Lamont Hill and Tim Anderson, both senior academics at their institutions, for these reasons. Steven Salaita and Norman Finkelstein have already had their careers destroyed by such attacks. Hatem Bazian, Ahlam Muhtaseb, William Robinson, Rabab Abdulhadi and others have also been threatened.

The ostensible justification for such action is commonly known as the "Palestinian exception" to the principle of free speech. One may freely criticize and disrespect governments – including one's own – religions, political beliefs, personal appearance and nearly everything else except the actions and policies of the state of Israel. Those who dare to do so will become the focus of well-financed and professionally run campaigns to silence and/or destroy them and their careers.

We recognize that much of the free speech that occurs in academic and other environments will offend some individuals and groups. However, as has been said many times before, the answer to free speech that some may find objectionable is more free speech, not less. We therefore call upon all academic institutions, their faculty and students, as well as the public at large, to resist such bullying tactics and defend the free speech principles upon which they and all free societies and their institutions are founded.

https://diy.rootsaction.org/petitions/academic-institutions-must-defend-free-speech?just_launched=true

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Updates from the Committee to Stop FBI Repression

Justice for Rasmea Odeh! Justice for Palestine!

The Committee to Stop FBI Repression strongly supports Rasmea Odeh's right to speak in Berlin about the Palestinian liberation struggle. We stand with the many other organizations who condemn the German, Israeli, and U.S. governments' attacks on Rasmea and their attempts to silence her by revoking her visa and prohibiting her from political activity (see article about the March 15 incident).

The actions of these governments blatantly reflect their racist anti-Palestinian and anti-Muslim views. But we want to draw attention to the underlying reason for their targeting of Rasmea. The attack on her right to speak is deeply tied to U.S. and German support for the Israeli apartheid and settler colonialism in Palestine. Moreover, the attack on Rasmea reflects these countries' imperialist strategies for control of the Middle East. By the same token, these governments are clearly acting out of fear - fear that when Palestinian women and activists like Rasmea speak up, it chips away at such countries' grasp on Palestine and the surrounding region.

The attacks on Rasmea and Palestine also relate to political repression taking place across the globe. Germany, the U.S. and Israel are attempting to silence Rasmea for the same fundamental reasons that the Duterte government has murdered and attacked activists and human rights defenders in the Philippines; that the U.S. government is trying to forcibly install a new government in Venezuela; and that the NYPD's Strategic Response Group is surveilling and harassing leaders and activists in the Black Lives Matter movement. The imperialists who are in power are clearly afraid that people like Rasmea might inspire others to rise up and fight back against the racist and oppressive system in place.

We want to send a message to these imperialist powers, to say that fighting back is exactly what we plan to do. It is imperative that we fight back against this unjust system that tries to silence Palestinian women like Rasmea. We demand that Rasmea Odeh be permitted to speak in Germany, and we demand an end to state repression against all Muslim women, and all Palestinians who have boldly raised their voices against the imperialist and colonialist powers that are oppressing people across the world.

Activists are not terrorists! We stand in solidarity with Rasmea and all Palestinian people in their struggle for liberation.

-- NYC Committee to Stop FBI Repression

Copyright © 2019 Committee to Stop FBI Repression, All rights reserved.
Thanks for your ongoing interest in the fight against FBI repression of anti-war and international solidarity activists!

Our mailing address is:

Committee to Stop FBI Repression

PO Box 14183
Minneapolis, MN 55414

Add us to your address book

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Hi Bonnie. Courage to Resist is working closely with our new fiscal sponsor, the Objector Church, on a couple projects that we're excited to share with you.

Objector Registry launches as draft registration of women nears

The first ever Objector Registry (objector.church/register) offers a declaration of conscience for anyone to assert their moral opposition to war, regardless of age, gender, or religious affiliation. This serves to create a protective record of beliefs and actions with which to oppose a later forced draft. Given last week's release of the report by the Congressionally mandated commission on military service, this free registry is coming online just in time. Please sign up yourself and share with friends!

You're invited to join us online weekly

This is a great way to find out more about the Objector Church and why we might be the religious humanist interfaith peace and justice community you have been looking for! Our live meetups are lead by Minister James Branum from Oklahoma City. This Sunday at 5pm Pacific / 8pm Eastern, if your not excited by the NFL's "big game", pop online and check us out at objector.church/meetup

COURAGE TO RESIST ~ SUPPORT THE TROOPS WHO REFUSE TO FIGHT!
484 Lake Park Ave #41, Oakland, California 94610 ~ 510-488-3559
www.couragetoresist.org ~ facebook.com/couragetoresist

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COURAGE TO RESIST

New "Refuse War" Shirts

We've launched a new shirt store to raise funds to support war resisters.

In addition to the Courage to Resist logo shirts we've offered in the past, we now have a few fun designs, including a grim reaper, a "Refuse War, Go AWOL" travel theme, and a sporty "AWOL: Support Military War Resisters" shirt.

Shirts are $25 each for small through XL, and bit more for larger sizes. Please allow 9-12 days for delivery within the United States.

50% of each shirt may qualify as a tax-deductible contribution.

Courage to Resist -- Support the Troops who Refuse to Fight!

484 Lake Park Ave. #41, Oakland, CA 94610, 510-488-3559

couragetoresis.org -- facebook.com/couragetoresist

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To: Indiana Department of Corrections

Kevin "Rashid" Johnson Should Have Access to His Personal Property

Petition Text

1. IDOC regulation 02-01-101-VIII must be respected! Kevin Johnson (IDOC# 264847) must be allowed to select from his property the items that he most immediately needs. He has been left without any of the material he requires for contacting his loved ones, his writing (this includes books), his pending litigation, and for his artwork.

2. Kevin Johnson (IDOC# 264847) should be released into General Population. Prolonged solitary confinement is internationally recognized as a form of torture. Moreover, he has not committed any infractions.

Why is this important?

Kevin "Rashid" Johnson (IDOC# 264847) – a Virginia prisoner – was transferred to Indiana on November 4. His transfer was authorized under the Interstate Corrections Compact, commonly used to ship prisoners out of state. Virginia is one of several states that make use of this practice as a tool to repress and isolate prisoners who speak up for their rights.

These transfers are extremely disruptive, and serve as an opportunity for prison officials to violate prisoners' rights, especially regarding their property. This is exactly what has been done to Rashid.

Rashid has 24 boxes of personal property. These are all of his possessions in the world. Much of these 24 boxes consist of legal documents and research materials, including materials directly related to pending or anticipated court cases, and his list of addresses and phone numbers of media contacts, human rights advocates, outside supporters, and friends.

At Pendleton Correctional Facility, where Rashid is now being kept prisoner and in solitary confinement, only one guard is in charge of the property room. This is very unusual, as the property room is where all of the prisoners' belongings that are not in their cells are kept. The guard in charge, Dale Davis, has a dubious reputation. Prisoners complain that property goes missing, and their requests to access their belongings – that by law are supposed to be met within 7 days, or if there are court deadlines within 24 hours – are often ignored, answered improperly, or what they receive does not correspond to what they have asked for.

Despite having a need for legal and research documents for pending and anticipated court cases, his requests to receive his property have not been properly answered. The property officer, Dale Davis, is supposed to inventory the prisoners' property with them (and a witness) present, according to IDOC regulation 02-01-101-VIII; this was never done. When Rashid did receive some property, it was a random selection of items unrelated to what he asked for, brought to the segregation unit in a box and a footlocker and left in an insecure area where things could be stolen or tampered with.

On December 19th, Rashid received notice that Davis had confiscated various documents deemed to be "security threat group" or "gang" related from his property. Rashid has no idea what these might be, as (contrary to the prison regulations) he was not present when his property was gone through. Rashid does not know how much or how little was confiscated, or what the rationale was for its being described as "gang" related. None of Rashid's property should be confiscated or thrown out under any circumstances, but it is worth noting that the way in which this has been done contravenes the prison's own regulations and policies!

Dale Davis has been an IDOC property officer for 8 years. He has boasted about how he does not need any oversight or anyone else working with him, even though it is very unusual for just one person to have this responsibility. Prisoners' property goes "missing" or is tampered with, and prisoners' rights – as laid out by the Indiana Department of Corrections – are not being respected.

Rashid is not asking to have all of his property made available to him in his cell. He is willing to accept only having access to some of it at a time, for instance as he needs it to prepare court documents or for his research and writing.

After two months in Indiana, he has still not been supplied with his documents containing the phone numbers and addresses of his loved ones and supporters, effectively sabotaging his relationships on the outside. Rashid is not asking for any kind of special treatment, he is only asking for the prison property room to follow the prison's own rules.

We ask that you look into this, and make sure that Mr. Johnson's right to access his property is being respected, and that something be done about the irregularities in the Pendleton property room. We ask that the rules of the Indiana Department of Corrections be respected.

Sign the petition here:
https://diy.rootsaction.org/petitions/kevin-rashid-johnson-should-have-access-to-his-personal-property?bucket&source=facebook-share-email-button&time=1547257147&fbclid=IwAR3rjpTZog631Oxv6oqjZmaJQv1GLIMHMuhDaP4g0Xu_EajWwW6X1faBPbE

FOR UPDATES CHECK OUT RASHID'S WEBSITE AT RASHIDMOD.COM

you can also hear a recent interview with Rashid on Final Straw podcast here: https://thefinalstrawradio.noblogs.org/post/tag/kevin-rashid-johnson/

Write to Rashid:

Kevin Rashid Johnson's writings and artwork have been widely circulated. He is the author of a book,Panther Vision: Essential Party Writings and Art of Kevin "Rashid" Johnson, Minister of Defense, New Afrikan Black Panther Party, (Kersplebedeb, 2010).

Kevin Johnson D.O.C. No. 264847

G-20-2C Pendleton Correctional Facility

4490 W. Reformatory Rd.

Pendleton, IN 46064-9001

krj.nabpppc@gmail.com

www.rashidmod.com

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Get Malik Out of Ad-Seg

Keith "Malik" Washington is an incarcerated activist who has spoken out on conditions of confinement in Texas prison and beyond: from issues of toxic water and extreme heat, to physical and sexual abuse of imprisoned people, to religious discrimination and more. Malik has also been a tireless leader in the movement to #EndPrisonSlavery which gained visibility during nationwide prison strikes in 2016 and 2018. View his work at comrademalik.com or write him at:

Keith H. Washington
TDC# 1487958
McConnell Unit
3001 S. Emily Drive
Beeville, TX 78102

Friends, it's time to get Malik out of solitary confinement.

Malik has experienced intense, targeted harassment ever since he dared to start speaking against brutal conditions faced by incarcerated people in Texas and nationwide--but over the past few months, prison officials have stepped up their retaliation even more.

In Administrative Segregation (solitary confinement) at McConnell Unit, Malik has experienced frequent humiliating strip searches, medical neglect, mail tampering and censorship, confinement 23 hours a day to a cell that often reached 100+ degrees in the summer, and other daily abuses too numerous to name.  It could not be more clear that they are trying to make an example of him because he is a committed freedom fighter. So we have to step up.

Phone zap on Tuesday, November 13

Mark your calendars for the 11/13 call in, be on the look out for a call script, and spread the word!!

Demands:

- Convene special review of Malik's placement in Ad-Seg and immediately release him back to general population

- Explain why the State Classification Committee's decision to release Malik from Ad-Seg back in June was overturned (specifically, demand to know the nature of the "information" supposedly collected by the Fusion Center, and demand to know how this information was investigated and verified).

- Immediately cease all harassment and retaliation against Malik, especially strip searches and mail censorship!

Who to contact:

TDCJ Executive Director Bryan Collier

Phone: (936)295-6371

Email:  exec.director@tdcj.texas.gov

Senior Warden Philip Sinfuentes (McConnell Unit)
Phone: (361) 362-2300

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Background on Malik's Situation

Malik's continued assignment to Ad-Seg (solitary confinement) in is an overt example of political repression, plain and simple.  Prison officials placed Malik in Ad-Seg two years ago for writing about and endorsing the 2016 nationwide prison strike. They were able to do this because Texas and U.S. law permits non-violent work refusal to be classified as incitement to riot.

It gets worse.  Malik was cleared for release from Ad-Seg by the State Classification Committee in June--and then, in an unprecedented reversal, immediately re-assigned him back to Ad-Seg. The reason?  Prison Officials site "information" collected by a shadowy intelligence gathering operation called a Fusion Center, which are known for lack of transparency and accountability, and for being blatant tools of political repression.

Malik remains in horrible conditions, vulnerable to every possible abuse, on the basis of "information" that has NEVER been disclosed or verified.  No court or other independent entity has ever confirmed the existence, let alone authenticity, of this alleged information. In fact, as recently as October 25, a representative of the State Classification Committee told Malik that he has no clue why Malik was re-assigned to Ad-Seg.  This "information" is pure fiction.

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Listen to 'The Daily': Was Kevin Cooper Framed for Murder?

By Michael Barbaro, May 30, 2018

https://www.nytimes.com/2018/05/30/podcasts/the-daily/kevin-cooper-death-row.html?emc=edit_ca_20180530&nl=california-today&nlid=2181592020180530&te=1

Listen and subscribe to our podcast from your mobile device: Via Apple Podcasts | Via RadioPublic | Via Stitcher

The sole survivor of an attack in which four people were murdered identified the perpetrators as three white men. The police ignored suspects who fit the description and arrested a young black man instead. He is now awaiting execution.

On today's episode:

• Kevin Cooper, who has been on death row at San Quentin State Prison in California for three decades.

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Last week I met with fellow organizers and members of Mijente to take joint action at the Tornillo Port of Entry, where detention camps have been built and where children and adults are currently being imprisoned.

I oppose the hyper-criminalization of migrants and asylum seekers. Migration is a human right and every person is worthy of dignity and respect irrespective of whether they have "papers" or not. You shouldn't have to prove "extreme and unusual hardship" to avoid being separated from your family. We, as a country, have a moral responsibility to support and uplift those adversely affected by the US's decades-long role in the economic and military destabilization of the home countries these migrants and asylum seekers have been forced to leave.

While we expected to face resistance and potential trouble from the multiple law enforcement agencies represented at the border, we didn't expect to have a local farm hand pull a pistol on us to demand we deflate our giant balloon banner. Its message to those in detention:

NO ESTÁN SOLOS (You are not alone).

Despite the slight disruption to our plan we were able to support Mijente and United We Dream in blocking the main entrance to the detention camp and letting those locked inside know that there are people here who care for them and want to see them free and reunited with their families.

We are continuing to stand in solidarity with Mijente as they fight back against unjust immigration practices.Yesterday they took action in San Diego, continuing to lead and escalate resistance to unjust detention, Attorney General Jeff Sessions and to ICE.

While we were honored to offer on-the-ground support we see the potential to focus the energy of our Drop the MIC campaign into fighting against this injustice, to have an even greater impact. Here's how:

Call out General Dynamics for profiteering of War, Militarization of the Border and Child and Family Detention (look for our social media toolkit this week);

Create speaking forums and produce media that challenges the narrative of ICE and Jeff Sessions, encouraging troops who have served in the borderlands to speak out about that experience;

Continue to show up and demand we demilitarize the border and abolish ICE.

Thank you for your vision and understanding of how militarism, racism, and capitalism are coming together in the most destructive ways. Help keep us in this fight by continuing to support our work.

About Face: Veterans Against the War is a 501(c)(3) charity,

and welcomes your tax deductible contributions

Please make a one time or monthly donation to sustain this work.

In Solidarity,

Ramon Mejia

Field Organizer, About Face: Veterans Against the War

P.O. Box 3565, New York, NY 10008. All Right Reserved. | Unsubscribe

To ensure delivery of About Face emails please add webmaster@ivaw.org to your address book.

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Major George Tillery

MAJOR TILLERY FILES NEW LEGAL PETITION

SEX FOR LIES AND

MANUFACTURED TESTIMONY

April 25, 2018-- The arrest of two young men in Starbucks for the crime of "sitting while black," and the four years prison sentence to rapper Meek Mill for a minor parole violation are racist outrages in Philadelphia, PA that made national news in the past weeks. Yesterday Meek Mills was released on bail after a high profile defense campaign and a Pa Supreme Court decision citing evidence his conviction was based solely on a cop's false testimony.

These events underscore the racism, frame-up, corruption and brutality at the core of the criminal injustice system. Pennsylvania "lifer" Major Tillery's fight for freedom puts a spotlight on the conviction of innocent men with no evidence except the lying testimony of jailhouse snitches who have been coerced and given favors by cops and prosecutors.

Sex for Lies and Manufactured Testimony

For thirty-five years Major Tillery has fought against his 1983 arrest, then conviction and sentence of life imprisonment without parole for an unsolved 1976 pool hall murder and assault. Major Tillery's defense has always been his innocence. The police and prosecution knew Tillery did not commit these crimes. Jailhouse informant Emanuel Claitt gave lying testimony that Tillery was one of the shooters.

Homicide detectives and prosecutors threatened Claitt with a false unrelated murder charge, and induced him to lie with promises of little or no jail time on over twenty pending felonies, and being released from jail despite a parole violation. In addition, homicide detectives arranged for Claitt, while in custody, to have private sexual liaisons with his girlfriends in police interview rooms.

In May and June 2016, Emanuel Claitt gave sworn statements that his testimony was a total lie, and that the homicide cops and the prosecutors told him what to say and coached him before trial. Not only was he coerced to lie that Major Tillery was a shooter, but to lie and claim there were no plea deals made in exchange for his testimony. He provided the information about the specific homicide detectives and prosecutors involved in manufacturing his testimony and details about being allowed "sex for lies". In August 2016, Claitt reaffirmed his sworn statements in a videotape, posted on YouTube and on JusticeforMajorTillery.org.

Without the coerced and false testimony of Claitt there was no evidence against Major Tillery. There were no ballistics or any other physical evidence linking him to the shootings. The surviving victim's statement naming others as the shooters was not allowed into evidence.

The trial took place in May 1985 during the last days of the siege and firebombing of the MOVE family Osage Avenue home in Philadelphia that killed 13 Black people, including 5 children. The prosecution claimed that Major Tillery was part of an organized crime group, and falsely described it as run by the Nation of Islam. This prejudiced and inflamed the majority white jury against Tillery, to make up for the absence of any evidence that Tillery was involved in the shootings.

This was a frame-up conviction from top to bottom. Claitt was the sole or primary witness in five other murder cases in the early 1980s. Coercing and inducing jailhouse informants to falsely testify is a standard routine in criminal prosecutions. It goes hand in hand with prosecutors suppressing favorable evidence from the defense.

Major Tillery has filed a petition based on his actual innocence to the Philadelphia District Attorney's Larry Krasner's Conviction Review Unit. A full review and investigation should lead to reversal of Major Tillery's conviction. He also asks that the DA's office to release the full police and prosecution files on his case under the new "open files" policy. In the meantime, Major Tillery continues his own investigation. He needs your support.

Major Tillery has Fought his Conviction and Advocated for Other Prisoners for over 30 Years

The Pennsylvania courts have rejected three rounds of appeals challenging Major Tillery's conviction based on his innocence, the prosecution's intentional presentation of false evidence against him and his trial attorney's conflict of interest. On June 15, 2016 Major Tillery filed a new post-conviction petition based on the same evidence now in the petition to the District Attorney's Conviction Review Unit. Despite the written and video-taped statements from Emanuel Claitt that that his testimony against Major Tillery was a lie and the result of police and prosecutorial misconduct, Judge Leon Tucker dismissed Major Tillery's petition as "untimely" without even holding a hearing. Major Tillery appealed that dismissal and the appeal is pending in the Superior Court.

During the decades of imprisonment Tillery has advocated for other prisoners challenging solitary confinement, lack of medical and mental health care and the inhumane conditions of imprisonment. In 1990, he won the lawsuit, Tillery v. Owens, that forced the PA Department of Corrections (DOC) to end double celling (4 men to a small cell) at SCI Pittsburgh, which later resulted in the closing and then "renovation" of that prison.

Three years ago Major Tillery stood up for political prisoner and journalist Mumia Abu-Jamal and demanded prison Superintendent John Kerestes get Mumia to a hospital because "Mumia is dying." For defending Mumia and advocating for medical treatment for himself and others, prison officials retaliated. Tillery was shipped out of SCI Mahanoy, where Mumia was also held, to maximum security SCI Frackville and then set-up for a prison violation and a disciplinary penalty of months in solitary confinement. See, Messing with Major by Mumia Abu-Jamal. Major Tillery's federal lawsuit against the DOC for that retaliation is being litigated. Major Tillery continues as an advocate for all prisoners. He is fighting to get the DOC to establish a program for elderly prisoners.

Major Tillery Needs Your Help:

Well-known criminal defense attorney Stephen Patrizio represents Major pro bonoin challenging his conviction. More investigation is underway. We can't count on the district attorney's office to make the findings of misconduct against the police detectives and prosecutors who framed Major without continuing to dig up the evidence.

Major Tillery is now 67 years old. He's done hard time, imprisoned for almost 35 years, some 20 years in solitary confinement in max prisons for a crime he did not commit. He recently won hepatitis C treatment, denied to him for a decade by the DOC. He has severe liver problems as well as arthritis and rheumatism, back problems, and a continuing itchy skin rash. Within the past couple of weeks he was diagnosed with an extremely high heartbeat and is getting treatment.

Major Tillery does not want to die in prison. He and his family, daughters, sons and grandchildren are fighting to get him home. The newly filed petition for Conviction Review to the Philadelphia District Attorney's office lays out the evidence Major Tillery has uncovered, evidence suppressed by the prosecution through all these years he has been imprisoned and brought legal challenges into court. It is time for the District Attorney's to act on the fact that Major Tillery is innocent and was framed by police detectives and prosecutors who manufactured the evidence to convict him. Major Tillery's conviction should be vacated and he should be freed.

Major Tillery and family

HOW YOU CAN HELP

Financial Support—Tillery's investigation is ongoing. He badly needs funds to fight for his freedom.

Go to JPay.com;

code: Major Tillery AM9786 PADOC

Tell Philadelphia District Attorney Larry Krasner:

The Conviction Review Unit should investigate Major Tillery's case. He is innocent. The only evidence at trial was from lying jail house informants who now admit it was false.

Call: 215-686-8000 or

Email: justice@phila.gov

Write to:

Security Processing Center

Major Tillery AM 9786

268 Bricker Road
Bellefonte, PA 16823

For More Information, Go To: JusticeForMajorTillery.org

Call/Write:

Kamilah Iddeen (717) 379-9009, Kamilah29@yahoo.com

Rachel Wolkenstein (917) 689-4009, RachelWolkenstein@gmail.com

Obtain Updates: www.justice4majortillery.info

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On Monday March 4th, 2019 Leonard Peltier was advised that his request for a transfer had been unceremoniously denied by the United States Bureau of Prisons.

The International Leonard Peltier Defense Committee appreciates and thanks the large number of his supporters who took the time to write, call, email, or fax the BOP in support of Leonard's request for a transfer.

Those of us who have been supporting Leonard's freedom for a number of years are disappointed but resolute to continue pushing for his freedom and until that day, to continue to push for his transfer to be closer to his relatives and the Indigenous Nations who support him.

44 years is too damn long for an innocent man to be locked up. How can his co-defendants be innocent on the grounds of self-defense but Leonard remains in prison? The time is now for all of us to dig deep and do what we can and what we must to secure freedom for Leonard Peltier before it's too late.

We need the support of all of you now, more than ever. The ILPDC plans to appeal this denial of his transfer to be closer to his family. We plan to demand he receive appropriate medical care, and to continue to uncover and utilize every legal mechanism to secure his release. To do these things we need money to support the legal work.

Please call the ILPDC National office or email us for a copy of the postcard you can send to the White House. We need your help to ask President Trump for Leonard's freedom.

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1) Who Counts as a Woman?
The attempt to exclude trans women from the ranks of women reinforces the dangerous idea that there is a right way to be female.
By Carol Hay, April 1, 2019
https://www.nytimes.com/2019/04/01/opinion/trans-women-feminism.html

A woman getting a closer look at a painting by Paul Delvaux at the Grand Palais, Paris.CreditCreditMartine Franck/Magnum Photos

Who counts as a woman? Is there some set of core experiences distinctive of womanhood, some shared set of adventures and exploits that every woman will encounter on her journey from diapers to the grave? The recent debates over the experiences of trans women gives us new reason to return to a question feminists have been grappling with for decades.

Ever since Simone de Beauvoir quipped in 1949 that one is not born a woman, but becomes one, feminists have been discussing the implications of understanding gender as a cultural construct. But more recently, this approach to gender has come under scrutiny. After all, it's all well and good to say that gender is a cultural construct, but it's a mistake to then pretend that cultures construct gender the same way for all people. Let's just say that the sisterhood hasn't always been great about attending equally to the experiences of all sisters.

But thanks to the past 40 years of work from intersectionalist feminists, we're finally paying attention to what women of color have been saying since at least the days when Sojourner Truth had to ask if she, too, got to count as a woman: that what it's like to be a woman varies drastically across social lines of race, socioeconomic class, disability and so on, and that if we try to pretend otherwise, we usually just end up pretending that the experiences of the wealthy, white, straight, able-bodied women who already have more than their fair share of social privilege are the experiences of all women.

You might think we just need to get over the thought that there's anything like the female experience, that the search for a shared female experience is dicey at best, fraught with way too many historical examples of feminists getting it wrong and making things worse for less-privileged women along the way. At the limit, these concerns result in the view that the category of "womanhood" itself is fundamentally confused and thus better abandoned entirely. This is the route taken by feminists like Judith Butler in her iconic 1990 book "Gender Trouble."

There's a reason that after describing gender as fundamentally a performance, Butler counsels people to revel in messing with its scripts, to treat gender as nothing more than an ironic parody. Gender categories need to be taken down a notch, she thinks, but not only because they harm people in all the ways feminism spends so much time criticizing. Butler charges that in their focus on spelling out the harms of gendered socialization, feminists unwittingly entrenched the very things they claimed to be criticizing. By demarcating feminism's subject matter — by articulating a concrete category of harms that deserved feminist attention — feminists inadvertently defined womanhood in a manner that implies that there are right and wrong ways to be a woman. "Identity categories are never merely descriptive," she insists in "Gender Trouble," "but always normative, and as such, exclusionary."

Any attempt to catalog the commonalities among women, in other words, has the inescapable result that there is some correct way to be a woman. This will inevitably encourage and legitimize certain experiences of gender and discourage and delegitimize others, subtly reinforcing and entrenching precisely those forces of socialization of which feminists claim to be critical. And what's worse, it will inevitably leave some people out. It will mean that there are "real" women whom feminism should be concerned about and that there are impostors who do not qualify for feminist political representation.

The women who are accused of being impostors these days are often trans women. You might think that a shared suspicion of conventional understandings of sex and gender would make feminists and trans activists natural bedfellows. You'd be wrong. It all started with Janice Raymond's controversial book, "The Transsexual Empire: The Making of the She-Male," published in 1979. Reissued in 1994, the book continues to inspire "gender-critical" or "trans-exclusionary" radical feminists — TERFs, for short. (For the record, while some consider the acronym derogatory, it is a widely accepted shorthand for a literal description of the views these feminists hold; also for the record, many of us who are critics of TERFs consider Raymond's book to be hate speech.)

Feminists who deny "real woman" status to trans women seem to rely on a false assumption — that all trans women have lived in the world unproblematically as men at some point — and claim the importance of affirming the identity and experiences of those who've spent entire lives in women's shoes. Even the feminist icon Chimamanda Ngozi Adichie has echoed this, claiming in a 2017 interview, "It's about the way the world treats us, and I think if you've lived in the world as a man with the privileges that the world accords to men and then sort of change gender, it's difficult for me to accept that then we can equate your experience with the experience of a woman who has lived from the beginning as a woman and who has not been accorded those privileges that men are."

TERFs also sometimes complain that the performances of femininity enacted by trans women are chiefly retrograde stereotypes, caricatures of a femininity designed primarily for the pleasure of men. When Caitlyn Jenner says that she has always felt like a woman, for example, what she seems to mean by this is that she wants to be an airheaded piece of arm candy all dolled up for delights of the male gaze. "The hardest part of being a woman," she infamously quipped, "is figuring out what to wear."

It's nonsense like this that motivated Germaine Greer to call Glamour magazine "misogynist" for honoring Jenner at its Women of the Year ceremony, claiming that the move was tantamount to affirming that with enough plastic surgery someone who is assigned male at birth can "be a better woman" than someone "who is just born a woman."

While the rhetoric used by those in the trans-exclusionary camp is frequently inexcusable, you might think that some of their frustration is understandable. Feminists who've spent the better part of their lives fighting against a status quo that uncritically affirms gender stereotypes might be forgiven for getting a little resentful when women like Jenner seem to suggest that these stereotypes tell us what it's "really like" to be a woman. On the other hand, it's worth asking why the full brunt of the most extreme TERFs' ire is so often directed at individual trans women who are just trying to get by like the rest of us, rather than on the fact that the media insists on focusing so single-mindedly on trans performances of gender that endorse a regressive, man-pleasing version of femininity to the exclusion of the many diverse others.

For the most part, Greer and Raymond and others who share their view are outliers in contemporary feminism, particularly in North America. Adichie, for instance, could not accurately be called a TERF: She thinks trans women's oppression is not the same as the oppression experienced by women who are assigned female at birth, yet recognizes that trans women are undoubtedly oppressed and should be "part of feminism." Most feminists these days go even further, however, fully rejecting trans-exclusionary rhetoric and agreeing that trans women are women, full stop.

Thankfully, feminists have finally started to realize that the varied experiences of trans women have a thing or two to teach us, if only we're willing to actually listen. All the way back in 1974, Andrea Dworkin launched an early salvo in what would become the "TERF wars," remarking, "It is commonly and wrongly said that male transvestites through the use of makeup and costuming caricature the women they would become, but any real knowledge of the romantic ethos makes clear that these men have penetrated to the core experience of being a woman, a romanticized construct." (There are some important objections that should be made about her terminology here — "transvestite" is no longer the preferred nomenclature, and she doesn't distinguish between male drag queens and trans women — but it would be anachronistic to get too fussed about it.)

Instead of complaining that trans women like Jenner are cartoons of reality, Dworkin would have us be honest with ourselves about the absurd amount of time and energy cis women are expected to invest in our performances of femininity. If cis women were honest about this, we'd admit that if some trans women occasionally camp up their femininity a little more than TERFs might like, they're not doing anything we're not just as guilty of. If we don't like what we see when trans women turn the mirror of femininity toward us, we have only ourselves to blame.

Further driving home the importance of not throwing stones when you live in glass houses, Lori Watson, a professor of philosophy at the University of San Diego, points out that when cis women live as cis, they too are affirming a world of binary gender identifications, a world of gender stereotypes, a world with a limited number of acceptable ways to be a woman, just as much as any trans woman does.

When I, a cis woman, perform my not terribly original rendition of conventional femininity, I am in part saying that this is what women should be like. "In fashioning myself, I fashion Man," Jean-Paul Sartre said. I might not always like it, but when I present myself in ways that I know that others around me will read as female, I'm not only going along with but actually affirming their conventional beliefs about what women are like. (This, in part, is the power of Butler's advice to mess with our performances of gender: doing so unsettles people's unthinking preconceptions.)

But if I'm as guilty of entrenching regressive gender stereotypes as anyone else, why do TERFs think it's trans women who are specially culpable for shoring up gender essentialism? Why aren't they going after cis women like me, too? We might all agree that the goal is to get to a world free of the shackles of conventional gender ascriptions, but that is not the world we currently live in. "The criticism of trans women as failing to act in ways that are consistent with an ideal of liberation from sex and gender," Watson cracks, "is a little like criticizing any of us for making a decent living under capitalism, or investing our retirement funds in the stock market, if the aim of liberation is the destruction of capitalism as a social, political, and economic system. Even Karl Marx had to eat in the here and now."

Talia Mae Bettcher, a professor of philosophy at California State University, Los Angeles, demonstrates how trans people are caught in a double bind. If a trans person successfully passes as cis and is later discovered to be trans, they're seen as an "evil deceiver" who has lied about who they really are. Trans people who are open about being trans, on the other hand, are seen as "make-believers" — cheap counterfeits, pathetically attempting to be something they couldn't possibly actually be. The problem with this view of trans people as either deceptive or pathetic frauds is that it presupposes that there's a real thing that trans women are failing to be. And this sounds an awful lot like the biological essentialism that almost all feminists reject.

The current debates over trans women bring us back to the question of what set of core experiences supposedly make someone who was assigned female at birth a "real" woman. Is it menstruation or childbirth? Nope — lots of women don't experience those, either by fate or by choice. What about being subject to sexual violence and harassment? Trans women face as much if not more sexual violence than cis women. How about simply a lifetime of unwanted objectifying male sexual attention? There are plenty of women who don't meet the standards of superficial sexual attractiveness who do not get such attention, and some of them even long for it. And surely we don't want to go back to the days of defining women by their hormones or even their chromosomes — if for no other reason than we'd leave out the estimated 1.7 percent of women who are intersex.

When a cis woman complains that trans women haven't had the same experiences as "real" women-born-women, then, what she's really saying is, "Trans women haven't had the same experiences as women like me." If 30-plus years of intersectional feminism has taught us anything, it's that this is precisely the move that feminists need to stop making.

Carol Hay is an associate professor of philosophy at the University of Massachusetts, Lowell, and the author of the forthcoming book, "Quite Contrary: A Feminist Survival Guide."

Now in print: "Modern Ethics in 77 Arguments" and "The Stone Reader: Modern Philosophy in 133 Arguments," with essays from the series, edited by Peter Catapano and Simon Critchley, published by Liveright Books.

My New York Times Comment:

This is a fascinating article. I'm 73-years-old, so I'm mortified at the beliefs I had and was raised with about gender and sexuality.

The times have changed and, certainly, for the better.

I read a question in another comment that asks, "Is it fair for trans-athletes to compete with cis-women athletes?" And I immediately thought of major-league football where some of the players weigh 300+ pounds and others are much lighter. They play different positions that are advantageous to those positions. The same is true in most sports. And, what difference does it make, say, in weight-lifting competition if all genders can compete? Some men can lift more than some women and vice-versa.

In another comment in reference to anti-abortion laws that make abortion illegal as soon as a heartbeat is detected, the author asks, "Do you want to know what experience biological women share? It's the vulnerability that a sexual encounter can leave them pregnant and not in legal control of their bodies." This is true, but this is precisely because of bigotry, sexual and class divide that is contrived under capitalism.

It's hard to break "out of the mold" of "gender identification" that has been the "norm" in our society. But it hasn't always been that way. Some indigenous peoples have identified up to five genders.

We are all human. And, I might add, we are all sentient beings like the rest of our menagerie on this planet we share. —Bonnie Weinstein

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2) A Former Detective Accused of Framing 8 People for Murder Is Confronted in Court
By Sean Piccoli, April 1, 2019
https://www.nytimes.com/2019/04/01/nyregion/nypd-detective-louis-scarcella.html?action=click&module=News&pgtype=Homepage

Derrick Hamilton spent nearly 21 years in prison for a 1991 murder investigated by Mr. Scarcella, before his conviction was overturned in 2015.CreditSuzanne DeChillo/The New York Times

Louis Scarcella, the former homicide detective, needed paperwork to refresh his memory and glasses borrowed from a prosecutor to read documents he was handed, including reports that he had written himself more than 20 years ago.

But as he looked out from the witness box in a Brooklyn courtroom on Friday, he could plainly see the row of angry men staring him down in the audience, all wearing hats that said "Wrongfully Convicted." They were men he had helped to arrest and put in prison decades ago and who had later been exonerated.

Mr. Scarcella was in court to testify about yet another imprisoned man, Nelson Cruz, who claimed he had been framed for murder. Once again, Mr. Scarcella was asked to defend his work, and once again, he did so without apology.

When Mr. Cruz's lawyer, Justin Bonus, asked him, "Do you stand by all of the investigations you've conducted?" Mr. Scarcella replied, "110 percent."

Derrick Hamilton, 53, was one of the exonerated men listening to Mr. Scarcella testify. He spent nearly 21 years in prison for a 1991 murder investigated by Mr. Scarcella, before his conviction was overturned in 2015. It was the fourth time he had watched Mr. Scarcella testify at a wrongful conviction hearing.

"His story is the same: He doesn't have anything to do with the case. He wasn't involved. It was somebody else's case," Mr. Hamilton said. "But he did all the work."

In the 1980s and 1990s, Mr. Scarcella was a rock-star homicide detective in some of Brooklyn's most crime-ridden precincts. He cut a swaggering figure, with a taste for cigars and a reputation for persuading even the toughest suspects to confess.

Then in 2013, one of Mr. Scarcella's most celebrated cases — the arrest of David Ranta, an unemployed drug addict convicted of killing a Hasidic rabbi — fell apart after evidence emerged that Mr. Ranta had been framed. The collapse of the case led to Mr. Ranta's release from prison after 23 years and to an inquiry into more than 70 homicides that Mr. Scarcella had helped to investigate over his long career.

Since then, the Brooklyn district attorney's office has asked judges eight times to reverse guilty verdicts that Mr. Scarcella helped to obtain. Several other people imprisoned for crimes Mr. Scarcella investigated have been released by judges after hearings.

In some of those cases, judges noted in their decisions that the former detective had not been truthful in his testimony. Yet he has never been charged with breaking the law or official misconduct.

Mr. Scarcella, who retired in 1999 after 26 years as a police officer, has steadfastly stood by his work and has maintained he never fabricated a confession in his life.

Mr. Cruz, 38, was a teenager when he was convicted in the March 1998 shooting death of Trevor Vieira in East New York. He has claimed in court filings that Mr. Scarcella and his partner, Stephen W. Chmil, pressured a witness to falsely identify him as the gunman, despite police officers at the scene saying he was not there.

A judge rejected Mr. Cruz's first motion to throw out his conviction, but he and his lawyers are rearguing it before Justice ShawnDya L. Simpson with new evidence.

On the stand, Mr. Scarcella demurred when asked about his reputation among his peers as a closer other detectives turned to.

"I helped whenever I could." Mr. Scarcella said.

At another point, Mr. Bonus asked the retired detective about his 2007 appearance on the television show, "Dr. Phil." The subject was false confessions.

"Did you say on Dr. Phil there was no rules on homicide investigations?" the lawyer asked.

"I stated there were no rules but I operated under the law," Mr. Scarcella said. "That's what everybody leaves out."

Mr. Scarcella, who grew up in Brooklyn, wore a wide-shouldered dark suit with a patterned tie; his thinning hair was slicked back, and he looked like an older version of the sharply dressed detective he used to be.

Friday was not the first time that Mr. Scarcella, who now lives on Staten Island, had to come to court since his retirement in 1999 to answer accusations that he had manufactured evidence or coerced confessions.

He testified in 2017 in a review of the case of Sundhe Moses, whose guilty verdict was later thrown out by a Brooklyn judge. Mr. Moses served 18 years for the killing of a 4-year-old girl caught in a hail of gang gunfire and claimed in his appeal that he had confessed after Mr. Scarcella choked and punched him.

In 2015, Mr. Scarcella said on the stand that he had trouble remembering how he came to arrest a 14-year-old in the 1991 shootings of two off-duty correction officers, one of whom died of his injuries.

Mr. Scarcella, 68, was adamant on Friday that he did not run the investigation leading to the arrest and conviction of Mr. Cruz. He only pitched in, he said, as he was often asked to do. He blamed his incomplete memory on the passage of time and on the sheer number of homicide cases he handled — more than 160 by his own estimate.

He flatly rejected any suggestion that he had ever done anything unethical to get a conviction.

As Mr. Bonus reeled off the names of people in other cases who were freed or had convictions overturned, Mr. Scarcella refused to discuss some of them. He bristled at hearing old accusations leveled at him again.

"Ridiculous!" he said when asked by Mr. Bonus if he had once tilted a lineup by telling witnesses "to pick the guy with the big nose."

Outside the courtroom, the group of older men in "Wrongfully Convicted" hats mocked Mr. Scarcella's memory lapses as convenient.

"Every time he does this he gets more and more confident because he knows that nothing is going to happen to him," said Shabuka Shakur, 54, who spent more than 27 years behind bars on a false murder conviction he said was aided by Mr. Scarcella.

Mr. Hamilton, who is suing Mr. Scarcella, said watching the former detective on the stand is torture.

"To see that this guy hasn't been arrested — it really bothers me," Mr. Hamilton said. "And they call guys like us criminals."

Mr. Scarcella, who had his lawyer by his side during his testimony, declined to answer questions as he left the courthouse in the company of other detectives and union representatives.

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3) Why It's So Easy for a Bounty Hunter to Find You
Wireless companies sell your location data. Federal regulators should stop them.
By Geoffrey Starks, April 2, 2019
https://www.nytimes.com/2019/04/02/opinion/fcc-wireless-regulation.html

Illustration by Jeffrey Henson Scales; photographs by Rostislav Sedlacek, and Denisfilm/iStock, via Getty Images Plus

When you signed up for cellphone service, I bet you didn't expect that your exact location could be sold to anyone for a few hundred dollars. The truth is, your wireless carrier tracks you everywhere you go, whether you like it or not. When used appropriately, this tracking shouldn't be a problem: location information allows emergency services to find you when you need them most.

But wireless carriers have been selling our data in ways that allows it to be resold for potentially dangerous purposes. For instance, stalkers and abusive domestic partners have used location data to track, threaten and attack victims. This industrywide practice facilitates "pay to track" schemes that appear to violate the law and Federal Communications Commission rules.

Companies are collecting and profiting from our private data in hidden ways that leave us vulnerable. As you carry your phone, your wireless carrier records its location so calls and texts can reach you. And you can't opt out of sharing location data with your carrier, as you can with a mobile application. Your carrier needs this data to deliver service.But, according to recent news reports, this real-time phone location data has long been available to entities beyond your wireless carrier, for a price. In one alarming example, reported by Vice, a bounty hunter was able to pay to track a user's location on a map accurate to within a few feet. In another case, a sheriff in Missouri used location data provided by carriers to inappropriately track a judge.

In other words, an ability that seems to come right out of a spy movie is now apparently available to just about anybody with your phone number and some cash. The pay-to-track industry has grown in the shadows, outside of the public eye and away from the watch of regulators.

Senator Ron Wyden, Democrat of Oregon, first raised the alarm last year, sending a letter to the F.C.C. on May 8 demanding an investigation into abuses by the pay-to-track industry. The Times reported on the issue the same week. Senator Wyden also demanded answers from the major wireless carriers. After that, the top wireless companies said that bounty hunters and others would no longer have access to their customers' locations.

But months later the reports continue. Other recent articles suggest that highly accurate GPS location information from our phones — which, according to F.C.C. rules, should be used to send help to 911 callers — is available on a location-data black market. Since then, wireless companies have said they'll stop selling our location information completely — eventually.

The misuse of this data is downright dangerous. The harms fall disproportionately upon people of color. According to the Pew Research Center, people of color rely more heavily on smartphones for internet access, so they create more of this data, which makes them more vulnerable to tracking. Researchers also know that location data can be used to target them with misinformation or voter suppression tactics. It can also lead to assumptions about a person's race or income level, assumptions that can feed into discriminatory automated decision making.

What is the government doing to protect us? Congress passed laws years ago protecting this kind of information and entrusted the F.C.C. with the responsibility of enforcing them.

It is unquestionably the F.C.C.'s job to protect consumers and address risks to public safety. Our location information isn't supposed to be used without our knowledge and consent and no chain of handoffs or contracts can eliminate the wireless company's obligations. This is particularly true for the misuse and disclosure of GPS-based 911 location data — which is squarely against F.C.C. rules.

The F.C.C. says it is investigating. But nearly a year after the news first broke, the commission has yet to issue an enforcement action or fine those responsible. This passage of time is significant, as the agency usually has only one year to bring action to hold any wrongdoers accountable before the statute of limitations runs. Some may argue that the F.C.C.'s authority to take action against wireless carriers for this activity has gotten weaker in recent years, with the repeal of consumer-focused privacy and net neutrality rules during the current administration. But I believe that the commission still has ample authority to address these egregious pay-to-track practices.

Federal action is long overdue. As a Democratic commissioner at the Republican-led agency, I can call for action, but the chairman sets the agenda, including deciding whether and how quickly to respond to pay-to-track schemes. The agency's inaction despite these increasingly troubling reports speaks volumes and leaves our duty to the public unfulfilled. The F.C.C. must use its authority to protect consumers and promote public safety, and act swiftly and decisively to stop illegal and dangerous pay-to-track practices once and for all.

Geoffrey Starks is a member of the Federal Communications Commission.

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4) A Rural County Owes $28 Million for Wrongful Convictions. It Doesn't Want to Pay.
By Jack Healy, April 1, 2019
https://www.nytimes.com/2019/04/01/us/beatrice-six-nebraska.html?action=click&module=Top%20Stories&pgtype=Homepage

Top, from left, Joseph White, Tom Winslow, and Ada JoAnn Taylor. Bottom, from left, Deb Shelden, James Dean and Kathy Gonzalez. They came to be known as the Beatrice Six.CreditLincoln Journal Star

BEATRICE, Neb. — Kathy Gonzalez knows that many people across the cornfields and cattle ranches of eastern Nebraska believe she is a murderer. It doesn't change the fact that they owe her millions of dollars.

Ms. Gonzalez was one of six innocent people who collectively spent 77 years in prison in the murder of a 68-year-old woman named Helen Wilson, whose death haunted this rural county for decades. Now, years after DNA evidence exonerated the defendants, they are about to collect a $28 million civil rights judgment against Gage County, which prosecuted them based on false confessions.

But because the county has limited financial resources and a dwindling population, nearly all of its 22,000 residents must foot the bill by paying hundreds or thousands of dollars in higher property taxes. County leaders have pleaded for help from state lawmakers, and even flirted with declaring bankruptcy.

"Do I think it's fair these people are going to have to pay us off?" Ms. Gonzalez asked. "No. But it wasn't fair what they did to us, either."

The $28 million jury award is one of the largest judgments ever levied against such a small place, say experts who study wrongful convictions. It has stirred resentment in the coffee shops and bars of Beatrice, a small town where suspicions about the defendants — known as the Beatrice Six — still linger like an oil stain on the road.

"There's a feeling of, 'Why us?'" said Myron Dorn, a state senator and former county supervisor who has introduced a bill that would allow Gage County to impose a sales tax to help raise money. "Why are we being held accountable for paying this off?"

The Beatrice case is an extreme example of the difficulties faced by those who have been promised compensation for being wrongfully convicted and spending years behind bars.

In Illinois, exonerated prisoners spent months waiting for compensation as state lawmakers dithered over passing a budget. Michigan's wrongful compensation fund ran low on money earlier this year, and exonerees told The Detroit News that they were left to wait for payments as a bill to replenish the fund with $10 million moved through the State Legislature.

Some in Gage County say the community has a moral obligation to compensate the Beatrice Six. Other residents say they should not be held financially responsible for an investigation and prosecution that unfolded more than three decades ago.

"I wasn't even born," said Nick Faulder, 25, who manages a paint store. He expects to pay an additional $3,500 in property taxes this year on his family's 320-acre farm. "I'm unfortunate enough to have to pay for the mistakes of the past leadership."

But a darker view also pervades conversations across Beatrice's downtown among those who still believe that the six people who were convicted are guilty, despite the pardons, the DNA evidence and the state-run investigation identifying a different killer.

"They knew too much about it to be innocent," Karen Probst said one afternoon as she chatted with customers inside her family's quilting store. Her family owns hundreds of acres of precious irrigated land outside Beatrice, with tax bills that she said were likely to increase by $10,000 or more.

"They had some part in it," her daughter, Ann Freese, said.

The tangled case began in February 1985, when Ms. Wilson was found inside the apartment where she lived by herself. She had been beaten, raped and suffocated.

Ms. Wilson was the heart of her family, recalled her grandson, Bob Houseman. She volunteered at a Methodist church in town, composed little poems for her grandchildren on their birthdays and was forever snapping photos and making tape recordings at family parties to preserve the memories.

"She's the forgotten person in this," Mr. Houseman said one morning, standing at the counter of his family's dry-cleaning business, where he has spent 30 years answering people's questions about his grandmother's murder.

As the official investigation went cold, a former Beatrice police officer, Burdette Searcey, was pursuing his own private investigation, and eventually took over the case after he was hired as a Gage County sheriff's deputy in 1989.

Mr. Searcey, who did not respond to a request for comment, focused on six mostly poor, troubled people with loose ties to Beatrice. Some had substance abuse problems and criminal records. One of the three women charged in the murder said she had been sexually assaulted multiple times as a girl and had spent her life dealing with mental illness. Another had developmental disabilities and said she had been raped by her stepfather.

"None of us were living aboveboard lives," Ms. Gonzalez said. "We were all partyers. We were all basically chemically induced idiots. That made us disposable. That made it O.K. for them to throw us away."

Gage County built its criminal case against the Beatrice Six by drawing out false confessions and manufactured memories from three of the defendants, a state-run inquiry and court reviews would later find. Investigators showed them photos of the crime scene. They dangled cooperation as a way of serving shorter sentences and avoiding the electric chair. They even urged the defendants to reach into their dreams to recall "suppressed memories" of the murder.

It was enough to convince five of the six to plead guilty or no contest in Ms. Wilson's murder. Only one, Joseph White, took his case to trial, and he was convicted in 1989 and sentenced to life in prison after three of his co-defendants gave false testimony against him.

Mr. White never stopped insisting that he was innocent, and in 2008, he and his lawyers were able to obtain DNA tests that cleared Mr. White and the other five.

A task force led by Nebraska's attorney general then identified the real killer as Bruce Allen Smith, who had been 22 at the time of the murder and was seen heading toward Ms. Wilson's apartment building the night she was killed. Mr. Smith died in 1992.

After the Beatrice Six were exonerated, they filed a lawsuit against Gage County and the investigators who had put them behind bars.

Gage County spent a decade and nearly $2 million in legal fees fighting the suit, rejecting offers to settle for $15 million, before its final appeals were rejected by the United States Supreme Court early this month. The county's insurance will not cover the judgment, which puts taxpayers on the hook for the full $28 million.

As people around Beatrice wait for this year's tax bills to arrive, the case boils up constantly in conversation, said Dana Hydo, whose family runs the Gems and Junk shop downtown.

"I'm amazed at how many people believe they did it," she said one afternoon as she was tagging inventory. "I truly believe we put them in jail illegally."

One of her customers piped up: "No way," she said. "I think they did it."

The Beatrice Six are not there to be part of the debate. They scattered across Nebraska and the rest of the country after being released from prison and cleared, and they do not speak much to one another. Mr. White, who spent almost 20 years in prison, was killed in a workplace accident in Alabama in 2011. One of the six still believes the false confession she gave implicating herself.

"It ruined all of our lives," Ms. Gonzalez said.

Ms. Gonzalez now works as a cashier at a grocery store in the tiny town of York, Neb., and said the $2 million she is owed could come in handy. She needs to buy a car, see a dentist to fix her teeth and install air-conditioning in her house before Nebraska's summer swelter descends.

But in her view, the judgment is also poisoned, the money forever rooted in the murder of one innocent woman and the wrongful convictions of six others.

"This is not something you win at the lottery, something I'm inheriting from a rich relative," she said. "Nobody wants this."

Ms. Gonzalez, a voracious reader, often gets to work early to read the newspapers in the grocery store break room, and not long ago came upon a letter to the editor from a Gage County farmer who argued that his taxes should not have to go up on account of someone else's actions 30 years ago.

Ms. Gonzalez said she was struck by the irony.

"Because I know about paying for something somebody else did," she said.

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5) Philippine Supreme Court Orders Release of Documents in Duterte's Drug War
By Jason Gutierrez, April 2, 2019
https://www.nytimes.com/2019/04/02/world/asia/philippines-duterte-drug-war.html

Relatives of victims of drug-related killings at a church in Quezon City, the Philippines, last month.CreditCreditFrancis R Malasig/EPA, via Shutterstock

MANILA — The Philippines' highest court ordered the government on Tuesday to release documents relating to thousands of deaths linked to President Rodrigo Duterte's drug war.

Rights groups quickly welcomed the Supreme Court ruling, saying it would give closure to many families of the more than 20,000 people they estimate have been killed in the crackdown that Mr. Duterte has justified as necessary to end the drug trade.

A court spokesman said the solicitor general had been ordered to submit police and other reports on the killings to the Supreme Court within 60 days and to copy the petitioners.

The solicitor general, Jose Calida, had argued that sharing the documents with third parties could jeopardize national security. The court had previously rejected the same argument after the petition was filed last February, when Mr. Cadila sought to avoid submitting the documents at all.

The petitioners were the Center for International Law (Centerlaw), a rights advocacy group, and the Free Legal Assistance Group, which represents low-income clients.

The court has yet to rule on a separate petition by the Free Legal Assistance Group asking it to declare the police crackdown unconstitutional. The group says the police have been permitted to kill people suspected of selling drugs rather than arresting them.

The government says 5,000 deaths have occurred during police operations. But there are thousands more cases that are classified as "deaths under investigation," including many that officials say were killings by pro-government vigilantes.

The majority of those killed were residents of poor communities or politicians whom Mr. Duterte had personally tagged as drug lords. The president's critics have accused him of using the drug war to eliminate rivals.

Although three police officers were found guilty last year of the murder of a teenager mistaken for a drug dealer, rights groups say the killing spree has continued.

Romel Bagares, a lawyer helping Centerlaw in the case, called the Supreme Court decision a "big step towards establishing accountability" for drug war deaths.

In an interview, Mr. Bagares said the police reports should show whether proper procedures were followed. According to the operations manual used by the police, he said, the death of a suspect during an operation requires the filing of at least 30 documents, including a report to the state prosecutor seeking to establish that the suspect died while resisting officers.

"There ought to be 5,000-plus inquest reports there," Mr. Bagares said, adding that for every report, the "forensics aspect should match the procedures for their use of force."

The Supreme Court also ordered state attorneys to submit records for all "buy-bust operations" conducted in the San Andres Bukid district of Manila, the Philippine capital, where many of the killings have taken place. In 2017, Centerlaw filed a petition with the Supreme Court to issue a "writ of amparo" protecting residents of the district from the drug war.

Mr. Duterte already faces two murder complaints at the International Criminal Court, a situation that led his government to officially withdraw from the court last month.

The first complaint was filed in April 2017 by two men who said they had worked in Mr. Duterte's death squad after he became mayor of the southern city of Davao in the late 1980s. The second was filed last August by relatives of eight people killed by police officers in the drug war.

Neri Colmenares, a rights lawyer who helped bring the second case to the international court, said the police had no choice but to comply with the Philippine court ruling, even if it angered Mr. Duterte.

In an interview, Mr. Colmenares demanded that the government follow the court order and provide copies of the police reports to lawyers representing the families of victims.

"This will help us see the true situation of human rights in the country in the time of Duterte's drug war," he said.

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6) Whale Is Found Dead in Italy With 48 Pounds of Plastic in Its Stomach
By Iliana Magra, April 2, 2019
https://www.nytimes.com/2019/04/02/world/europe/plastic-whale-dead-italy.html

A sperm whale was found dead last week in Porto Cervo, in northern Sardinia.CreditCreditSEAME Sardinia Onlus, via Associated Press

More than 48 pounds of plastic, including disposable dishes, a corrugated tube, shopping bags and a detergent package with its bar code still visible, were found inside a dead sperm whale in Italy, the World Wildlife Fund said on Monday.

The whale, a young female, washed ashore in Porto Cervo, a seaside resort in the north of the Italian island of Sardinia. It was also carrying a fetus "in an advanced state of decomposition," the fund said.

This was the latest in a grim international collection of whale carcasses burdened by dozens of pounds of plastic trash.

Last month, a whale was found dead on a Philippine beach with 88 pounds of plastic in its body. More than 1,000 assorted pieces of plastic were discovered inside a decomposing whale in Indonesia in November. A sperm whale died in Spain last year after being unable to digest more than 60 pounds of plastic trash.

"Plastic is one of the worst enemies of marine species," the World Wildlife Fund said on Monday.

The whale in Porto Cervo was found on Thursday, according to a Facebook post by SeaMe Sardinia, a nonprofit organization that studies marine mammals. The cause of death is still being investigated, but the quantity of plastic found is unusual for a whale of its size, about 26 feet, the World Wildlife Fund said.

Plastic recovered from the belly of the whale.CreditSEAME Sardinia Onlus, via Associated Press

"The amount of plastic found in the cetacean's digestive tract was practically intact, and the proportion between the size of the animal and the ingested plastic is particularly significant," it said in a statement on Monday.

Europe is the second-largest producer of plastics in the world, "dumping 150,000-500,000 tons of macroplastics and 70,000-130,000 tons of microplastics in the sea every year," according to a report the fund published in June.

Surveys suggest that has left the Mediterranean with some of the highest microplastic pollution levels in the world.

Partly in response to such findings, the European Union Parliament voted last week to approve a ban on many single-use plastic products, including disposable plastic straws, cutlery and plates.

Those measures are scheduled to take effect by 2021. On Sunday, in a Facebook post that featured a picture of the dead whale, Italy's environment minister, Sergio Costa, promised his country would be one of the first to carry out the ban.

This sort of pollution, he wrote, "afflicts the whole marine world, not just Italy, of course, but every country in the world has the duty to apply the policies to fight it: not today, yesterday."

"Is there still someone who says that these are not important problems?" he asked.

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7) Americans Borrowed $88 Billion to Pay for Health Care Last Year, Survey Finds
By Karen Zraick, April 2, 2019
https://www.nytimes.com/2019/04/02/health/americans-health-care-debt-borrowing.html

Speaker Nancy Pelosi announced a Democratic health care plan last week. About 70 percent of respondents in a new survey said they did not have confidence in their elected officials to lower health care costs.CreditCreditSarah Silbiger/The New York Times

Americans borrowed an estimated $88 billion over the last year to pay for health care, according to a survey released on Tuesday by Gallup and the nonprofit West Health.

The survey also found that one in four Americans have skipped treatment because of the cost, and that nearly half fear bankruptcy in the event of a health emergency.

There was a partisan divide when respondents were asked whether they believed that the American health care system is among the best in the world: Among Republicans, 67 percent of respondents said they believed so; that number was 38 percent among Democrats.

But Democrats and Republicans had similar responses about putting off medical treatment. Asked if they had deferred treatment because of the cost, 27 percent of Democrats said they had, compared with 21 percent of Republicans and 30 percent of independents.

Respondents from across the political spectrum also reported pessimism about their leaders' abilities to reduce health care costs. About 70 percent of respondents said they had no confidence in their elected officials to bring prices down. And 77 percent said they were concerned that rising health care costs would damage the American economy.

"Our data shows an American public that's beaten down from this really serious issue," said Dan Witters, a senior researcher at Gallup.

At the same time, 64 percent of respondents said they were mostly satisfied with their experiences in the health care system. When asked if they were satisfied with how well the system was serving Americans generally, only 39 percent said they were.

The survey's authors noted that Americans' feelings were complicated and at times conflicted. But one thing was clear: High health care costs had created significant anxiety.

Even among households earning $180,000 or more a year, a third of respondents said they were concerned about the specter of personal bankruptcy due to a health crisis. (There has been fierce debate among researchers about the extent to which health care costs can be blamed for bankruptcies.)

Many American families earning less than that, of course, feel the effects of high health care costs acutely. They are forced to cut back on other expenses to pay for health care, or skip appointments and prescription refills, creating health risks down the road.

Twelve percent of respondents said they had borrowed money for care, including 11 percent of those with health insurance, who may still face high deductibles and other out-of-pocket expenses.

Most survey respondents said they believed that Americans were paying too much for health care relative to what they receive. Asked to choose between a hypothetical freeze in their health care costs or a 10 percent increase in household income, 61 percent of respondents chose the freeze. Those in low-income households were most likely to choose that option.

"When we're talking about health care and the debate right now, it usually bifurcates between the financial impact of health care or the health outcomes themselves," said Tim Lash, chief strategy officer for West Health, a nonpartisan nonprofit that aims to lower health care prices.

"But those two things intersect at access," which can have dire health consequences, he said.

The organization believes that Congress should allow Medicare to negotiate directly with drug companies; that there should be more transparency about the prices of medicines and procedures; and that the health care industry should shift toward "value-based care" — in which doctors are paid based on patient outcomes — rather than the current "fee-for-service" model.

Mr. Lash noted that other wealthy countries spend much less on health care than the United States does, while achieving better outcomes in areas like life expectancy and infant mortality. Although about 87 percent of Americans have health insurance, according to data from Gallup, an individual's plan may not cover all costs associated with treatment.

President Trump, who has sought to undo the Affordable Care Act, tweeted about high deductibles under the law on Monday morning, promising that "Good things are going to happen!" and tagging several Republican lawmakers.

The administration asked a federal appeals court to invalidate the lawlast week, while Democrats announced a health care bill that builds on the Affordable Care Act and seeks to lower premiums, among other goals.

The partnership between West Health and Gallup, the analytics and consulting company, was a first. The survey results are based on phone interviews conducted in English and Spanish in early 2019 with a random sample of 3,500 adults across the country. The margin of sampling error ranged from one to two percentage points for results based on the total sample, and three to five percentage points for results based on subgroups such as political identity or income level, so differences of less than those amounts are statistically insignificant.

Gallup and West Health said they will conduct similar surveys in the coming years.

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8) How Bees Find Your Flowerpots
By C. Claiborne Ray, April 1, 2019
https://www.nytimes.com/2019/04/01/science/bees-flowers-pollen-honey.html

CreditVictoria Roberts

Q. How do bees find the flowers in the container garden on the fourth-floor deck of my city apartment?

A. Foraging bees use the same methods to find nectar and pollen four floors up that they use at ground level.

Honeybees routinely fly two miles from their hives in their search for raw material for honey; it doesn't require much extra energy to fly several stories up.

[Like the Science Times page on Facebook. | Sign up for the Science Times newsletter.]

It takes only one scout to report a promising garden to the rest of the hive with a famous waggle dance. The scout relies on its sophisticated eyes, which are tuned to a variety of wavelengths, including ultraviolet color patterns in flowers that are invisible to people.

When the bees get closer to flowers, smell receptors begin transmitting information. And it has recently been discovered that both bumblebees and honeybees can detect and discriminate among weak electrostatic fields emanating from flowers.

The bees accumulate a positive charge, while the flowers have a negative charge. The interaction between the fields is detected by antennae or sensitive hairs on the body. The electrical field helps bees to recognize pollen-rich blooms and perhaps even to transfer the pollen.

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9) The Great Barrier Reef Was Seen as 'Too Big to Fail.' A Study Suggests It Isn't.
By Livia Albeck-Ripka, April 3, 2019
https://www.nytimes.com/2019/04/03/world/australia/great-barrier-reef-corals-bleaching.html?action=click&module=Discovery&pgtype=Homepage

Studying bleached corals on the Great Barrier Reef in 2017.CreditGergely Torda/ARC Center of Excellence for Coral Reef Studies

MELBOURNE, Australia — For millenniums, ecosystems have withstood fires, floods, heat waves, drought and even disease by adapting and rebuilding their biodiverse communities.

But according to new research, there is a limit to what even the largest and most resilient places can stand, and climate change is testing that limit by repeatedly disturbing one of the earth's most precious habitats: the Great Barrier Reef.

The study, released Wednesday in the journal Nature by researchers from the ARC Center of Excellence for Coral Reef Studies in Australia, monitored the death and birth of corals following ocean heat waves that caused mass bleaching of the Great Barrier Reef in 2016 and 2017.

Not only did many of the adult corals die off, but for the first time, researchers observed a significant decline in new corals settling on the reef, compromising its capacity to recover.

"There are so many corals, and it's been disturbed many times in the past," said Andrew Baird, chief investigator at the research center and one of the paper's lead authors.

"We never thought we'd see this happen," he said.

The study is the first to show the collapse of fundamental ecosystem processes in a marine environment, Professor Baird said.

"We thought the Barrier Reef was too big to fail," he said, "but it's not."

The Great Barrier Reef, off Australia's east coast, covers 133,000 square miles and can be seen from outer space. It pumps 6.4 billion Australian dollars, or $4.5 billion, into the Australian economy per year and supports tens of thousands of jobs, according to 2017 figures from Deloitte.

But in recent years, research has shown that the time left to save it is growing short.

Since 1998, the Great Barrier Reef has suffered four mass bleaching events, two of them back to back in 2016 and 2017. While coral populations can recover from a bleaching event — which stresses individual corals and strips them of their vibrant color — they need up to a decade to do so. And if carbon emissions continue at the high-emissions scenario, bleaching will occur twice every decade starting in 2035, and annually after 2044, according to climate models from Unesco.

"It's not too late to act, but time is running out," Prof. Baird said, adding that without drastic climate action, reefs will be "fundamentally changed, as will everything."

Coral reefs were among the first ecosystems to respond to the rise in global temperatures, he said, "but it's only a matter of time before these changes are happening in our back gardens."

According to the researchers' findings, the settlement of baby corals on the reef declined 89 percent last year. The coral that experienced the most significant decline in new organisms, at 93 percent, was a type called Acropora, which provides most of the reef habitat that supports thousands of other species, including coral trout, clown fish and triggerfish.

Adult corals that were further south escaped bleaching, but they were too far from the bleached northern reefs to help them replenish, the scientists found. They also explored the impact of back-to-back cyclones in 2014 and 2015 on the reef's north at Lizard Island, which, despite killing off 80 percent of the adult corals, did not cause a decline in new corals settling.

"Cyclones are fairly patchy," Professor Baird said, whereas heat and bleaching "just kills everything."

The corals that do manage to survive such trauma, however, were found to be more resistant to periods of extreme warmth in a separate study conducted by Professor Baird and his colleagues last year. Scientists have been trying to breed the most resilient forms of coral in the hope that they can use these to repopulate the reef.

While crucial, such projects are limited, said Mark Eakin, the coordinator of the National Oceanic and Atmospheric Administration's Coral Reef Watch program, who was not involved in the study but has previously worked with the Australian researchers.

"Those are at the scale of a large family garden," he said of the restoration efforts, whereas the collapse of the Great Barrier Reef would mean "the loss of an entire seascape," akin, he said, to the fall of the Roman Empire.

"This is just further evidence of how much damage climate change is having," Dr. Eakin said.

Russ Babcock, a senior research scientist at an Australian government agency called the Commonwealth Scientific and Industrial Research Organization, said the study, which he was also not involved in, had confirmed many scientists' worst fears.

"All ecosystems have some things in common, and one of them is the ability to recover," he said. "There's going to be no lucky escape."

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10) Belgium Apologizes for Kidnapping Children From African Colonies
By Milan Schreuer,April 4, 2019
https://www.nytimes.com/2019/04/04/world/europe/belgium-kidnapping-congo-rwanda-burundi.html

Visitors at Mr. Michel's speech to Parliament in Brussels. Dozens of mixed-race people were among those in attendance.CreditFrancois Lenoir/Reuters

BRUSSELS — Belgium apologized on Thursday for the kidnapping, segregation, deportation and forced adoption of thousands of children born to mixed-race couples during its colonial rule of Burundi, Congo and Rwanda.

The apology is the first time that Belgium has recognized any responsibility for what historians say was the immense harm the country inflicted on the Central African nations, which it colonized for eight decades. Prime Minister Charles Michel offered the apology on Thursday afternoon in front of a plenary session of Parliament, which was attended by dozens of people of mixed race in the visitors gallery.

"Throughout Belgian colonial Africa, a system of targeted segregation of métis and their families was maintained by the Belgian state and acts were committed that violated the fundamental rights of peoples," he said, using the term for mixed-race people.

"This is why, in the name of the federal government, I recognize the targeted segregation of which métis people were victims" under Belgian colonial rule in Africa, and "the ensuing policy of forced kidnapping" after independence, he added.

"In the name of the federal government," Mr. Michel said, "I present our apologies to the métis stemming from the Belgian colonial era and to their families for the injustices and the suffering inflicted upon them."

"I also wish to express our compassion for the African mothers, from whom the children were taken," he said.

The prime minister said that the Belgian government would make resources available to finance additional research on the issue, open up its colonial archives to métis people and offer administrative help to those seeking to gain access to their official records and seeking Belgian nationality.

Over the past year, Belgium has taken a number of steps to reassess its colonial past. Today's apologies also come at a time when politicians across Europe are under pressure from a growing African diaspora and a younger generation that wishes to shed a new light on colonial history in order to tackle latent racism and discrimination in European society.

Some experts on colonial history noted that Belgium's apology had came late — nearly 60 years after the three countries gained independence.

Racial segregation was a pillar of Belgian colonial rule, historians say. Until the late 1950s, the colonial authorities discouraged interracial romance and banned interracial marriage before the Catholic Church.

Many white Belgian men, nevertheless, married black Congolese women according to local customs, producing children sometimes called métis. But in the eyes of Belgium, these children undermined official segregation policies and blemished the white race's prestige, official documents from that time show.

Fearing a repeat of the Red River Rebellion in Canada in 1869-1870, when métis people revolted and overthrew the local government, the Belgian authorities ordered métis children in Congo to be separated from their families, and from the black population as a whole.

An estimated 10,000 to 20,000 children were segregated from their parents — most often from single African mothers — and placed in orphanages and schools predominantly run by the Catholic Church, historians said.

"Children born out of parents of mixed color during colonial times were always considered as a threat to the colonial enterprise, to profits and to the prestige and the domination of the white race," said Assumani Budagwa, 65, a Belgian engineer and amateur historian who was born in colonial Congo and whose family experienced the separation of mixed-race children.

Mr. Budagwa was a co-author of a Parliamentary resolution that was unanimously adopted last year urging the government to apologize and recognizing Belgium's misdeeds regarding the mixed-race children with the complicity of the Roman Catholic Church.

The resolution also demanded that the government open up its colonial archives and grant administrative help to hundreds of people in Congo and in Belgium who still do not possess their official birth certificates, and to those who wish to reconstitute their true family history.

Around the time when Belgium's colonies gained independence, in the early 1960s, thousands of métis children were taken from Burundi, Congo and Rwanda to Belgium, where they were either adopted by white parents or raised in Belgian boarding schools. Many are still alive today.

The Catholic Church apologized in 2017 for its "participation" in the kidnapping and segregation of métis children and in the banning of mixed-race marriages. In a letter, the Belgian bishops stated: "Many never knew their mother or their father, and many mothers never saw their children again. For a long time, they couldn't fully exercise their civic rights, and a large number later found itself on the margins of Belgian society in insecurity and hardship."

The letter said, "We present our apologies to those people for the part taken by the Catholic Church in these deeds."

Métis de Belgique, a Belgian group representing mixed-race people affected by the segregation, along with their descendants, counts a few hundred active members and fights for their right to obtain Belgian nationality, which in some cases still has not been granted, and to gain access to their families' colonial records.

While some historians say Belgium's apology was not sufficient, Mr. Budagwa, co-author of the resolution that led to Thursday's official apology, was more optimistic.

"Peoples rarely and with great difficulty recognize their errors and their responsibility in historical crimes," he said, calling the prime minister's declaration both historic — because it was done in the name of the Belgian people — and symbolic, because it "doesn't efface the aftermath of the colonization."

He added, "And it is also, above all, human."

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11) Alabama's Gruesome Prisons: Report Finds Rape and Murder at All Hours
By Katie Benner and Shaila Dewan, April 3, 2019
https://www.nytimes.com/2019/04/03/us/alabama-prisons-doj-investigation.html

The segregation unit at Alabama's St. Clair Correctional Facility houses inmates in solitary confinement. Many have come to see the unit as a haven from the prison's general population.CreditCreditWilliam Widmer for The New York Times

One prisoner had been dead for so long that when he was discovered lying face down, his face was flattened. Another was tied up and tortured for two days while no one noticed. Bloody inmates screamed for help from cells whose doors did not lock.

Those were some of the gruesome details in a 56-page report on the Alabama prison system that was issued by the Justice Department on Wednesday. The report, one of the first major civil rights investigations by the department to be released under President Trump, uncovered shocking conditions in the state's massively overcrowded and understaffed facilities.

Prisoners in the Alabama system endured some of the highest rates of homicide and rape in the country, the Justice Department found, and officials showed a "flagrant disregard" for their right to be free from excessive and cruel punishment. The investigation began in the waning days of the Obama administration and continued for more than two years after Mr. Trump took office.

The department notified the prison system that it could sue in 49 days "if State officials have not satisfactorily addressed our concerns."

[The New York Times received more than 2,000 photos taken inside an Alabama prison. This is what they showed.]

Alabama is not alone in having troubled, violent prisons. But the state has one of the country's highest incarceration rates and its correctional system is notoriously antiquated, dangerous and short-staffed. The major prisons are at 182 percent of their capacity, the report found, contraband is rampant and prisoners sleep in dorms they are not assigned to in order to escape violence.

"The violations are severe, systemic, and exacerbated by serious deficiencies in staffing and supervision," the report said, noting that some facilities had fewer than 20 percent of their allotted positions filled. It also cited the use of solitary confinement as a protective measure for vulnerable inmates, and "a high level of violence that is too common, cruel, of an unusual nature, and pervasive."

State officials said the report addressed issues that Alabama was already aware of and working to fix.

"For more than two years, the D.O.J. pursued an investigation of issues that have been the subject of ongoing litigation and the target of significant reforms by the state," a statement from the office of Gov. Kay Ivey said. "Over the coming months, my Administration will be working closely with D.O.J. to ensure that our mutual concerns are addressed and that we remain steadfast in our commitment to public safety, making certain that this Alabama problem has an Alabama solution."

But the report called the state "deliberately indifferent" to the risks prisoners face, and said, "It has failed to correct known systemic deficiencies that contribute to the violence." Legislative efforts to reduce overcrowding through measures such as reducing sentences were not made retroactive and have had "minimal effect," the report said.

Alabama's prisons have for years been the subject of civil rights litigation by the Equal Justice Initiative and the Southern Poverty Law Center, nonprofit legal advocacy groups based in Montgomery. Maria Morris, the lead lawyer for the center's lawsuit, also disputed the assertion that the problems were being fixed.

"They're not fixing them," Ms. Morris said. "They're giving a lot of lip service to the need to fix them, but the lip service always comes back to we just need a billion dollars to build new prisons and, as the Department of Justice found, that's not going to solve the problem."

Alabama inmates continue to die in high numbers. There have been 15 suicides in the past 15 months, and the homicide rate vastly exceeds the national average for prisons.

The Justice Department report focused on the failure to prevent prisoner-on-prisoner violence because of what it said was inadequate training, failure to properly classify and supervise inmates, and failure to stem the flow of contraband including weapons and drugs, among other problems.

The department is still investigating excessive force and sexual abuse by prison staff members, an investigation that former federal prosecutors say could lead to criminal indictments.

Violence in Alabama's Prisons

Here is some of the violent and illegal activity reported during a single week in September 2017.

Friday:
Three stabbings, including one that resulted in death.
Saturday:
One beating and one discovery of a drug cache.
Sunday:
Two beatings, one stabbing, one sexual assault and one beating with a sock full of metal locks.
Tuesday:
One discovery of a drug cache and one case of arson, when a prisoner's bed was set on fire while he slept.
Wednesday:
One sexual assault.
Thursday:
One beating, one sexual assault and one overdose that resulted in death.

The Department of Justice

[Our reporter went inside St. Clair Correctional Facility in Springville, Ala. He found it was "virtually ungoverned" and the inmates were armed.]

Investigators visited four prisons and interviewed more than 270 prisoners. To "provide a window into a broken system," the report detailed a single week's worth of injuries and attacks, including days that saw multiple incidents including stabbings, a sleeping man attacked with socks filled with metal locks and another man being forced to perform oral sex on two men at knife point.

The department also concluded that the system does not provide "safe and sanitary" living conditions. Open sewage ran by the pathway that government lawyers used to access one facility, which the state closed soon after the visit. One investigator grew ill from the toxic fumes of cleaning fluids while inspecting the kitchen, the report said.

The report said the state failed to track violent deaths or adequately investigate sex abuse. At least three homicide victims — including one who was stabbed and another who was beaten — were classified as having died from natural causes, the report said. The report listed nine killings in which the victims had been previously attacked or officials had received other warnings that they were in danger.

Sexual assaults occur in "dormitories, cells, recreation areas, the infirmary, bathrooms, and showers at all hours of the day and night," the report said. Prisons must screen inmates and separate sexually abusive prisoners from those at risk of sexual abuse, particularly gay and transgender people; the report said Alabama does not do so.

Inmates are raped to pay off debts, and one mother told the Justice Department that a prisoner had texted her to say he would "chop her son into pieces and rape him if she did not send him $800," the report said.

Last month, Governor Ivey warned of "horrendous conditions" in the prisons and an impending federal intervention in her State of the State speech.

Ms. Ivey said the department had increased the prison budget in recent years, given raises to corrections officers and requested $31 million to hire 500 more correctional officers and increase pay in the coming fiscal year.

But Mac McArthur, the executive director of the Alabama State Employees Association, which includes state corrections workers, said attrition was still outpacing recruitment, in part because starting salaries were still below $30,000 a year for some officers, and in part because the job was so dangerous.

The federal investigation was opened during the Obama administration, after the lawsuits over prison abuses and published accounts of endemic brutality, violence and torture. The investigation continued under former Attorney General Jeff Sessions, who had also served as a longtime senator from Alabama.

The report included a series of measures necessary to remedy the constitutional and other violations that regularly occur in the Alabama prison system, including additional screening for those entering the prisons, moving low-risk inmates, hiring 500 additional corrections officers and overhauling disciplinary processes around violence and sexual assault.

Similar federal civil rights investigations have resulted in consent decrees — court-approved deals that include a road map of changes that institutions such as police departments and state correction departments must adhere to in order to avoid being sued.

But in a break with past practice, Mr. Sessions placed three key restrictions on consent decrees. He said that a top political appointee must sign off on any deal. Department lawyers must show proof of violations that go beyond unconstitutional behavior. And the deals must have a sunset date, meaning they can expire before violations have been remedied. The current attorney general, William P. Barr, has not changed Mr. Sessions's policy.

Mr. Sessions said that the consent decrees interfered with states' rights, a position echoed by Ms. Ivey in her statement insisting on an "Alabama solution."

But Vanita Gupta, a head of the civil rights division in the Obama administration and one of the officials who opened the investigation, said that given the pervasive problems and the history of inaction, "nothing short of a comprehensive consent decree will adequately address these constitutional violations."

The Justice Department declined to comment on whether it would seek a consent decree.

Ms. Ivey is hardly the first governor to reckon with the prison system and its decrepit conditions. Her immediate predecessor, Robert Bentley, pushed a plan for $800 million in bonds to build four new prisons and to close some existing facilities.

But governors have only so much influence in Alabama, and the Legislature balked, especially as a scandal left Mr. Bentley weakened. This year, Ms. Ivey proposed a similar plan for new prisons that state officials hoped would be ready by 2022.

Alan Blinder contributed reporting.

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12) "Someone is Always Trying to Kill You"
The United States cannot erect a wall and expect women to resign themselves to being slaughtered.
By Sonia Nazaro, Photograph by Victor J. Blue, April 5, 2019

Denis Daniel Flores Carranza, 9, at the grave of his sister, Katherine Nicolle Bonilla Carranza, who was murdered in 2017. Victor J. Blue for The New York Times

CHOLOMA, HONDURAS APRIL 5, 2019

THE MURDER OF SHERILL YUBISSA HERNÁNDEZ MANCÍA explains why Central American women are fleeing north.

Read the whole article at: https://www.nytimes.com/interactive/2019/04/05/opinion/honduras-women-murders.html

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BAUAW Newsletter

Friday, April 05, 2019

BAUAW NEWSLETTER, FIIDAY, APRIL 5, 2019

Ecuador twists embarrassing INA Papers into pretext to oust Assange

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Statement: Academic Institutions Must Defend Free Speech

Justice for Rasmea Odeh! Justice for Palestine!

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To: Indiana Department of Corrections

Kevin "Rashid" Johnson Should Have Access to His Personal Property

Petition Text

Why is this important?

Listen to 'The Daily': Was Kevin Cooper Framed for Murder?

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Q. How do bees find the flowers in the container garden on the fourth-floor deck of my city apartment?

Violence in Alabama's Prisons

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