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The Chilling Reason Our Government Wants to Erase These Americans from History July 28, 2014

Posted by rogerhollander in Civil Liberties, Criminal Justice, Racism, Religion, War on Terror.
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Most of those held in Communications Management Units, which imprison people linked to terrorist activity, are Muslims.

July 24, 2014, Molly Crabapple, http://www.alternet.org

Andy Stepanianis one of the kindest humans I have ever met.

An activist publicist, Andy draws attention to Americans imprisoned for their beliefs. He is straitlaced and gentle, and the only time he ever declined to buy me dinner was when I offended his veganism by eating chicken fingers. But Andy is also a felon. As one of the SHAC7, he spent three years locked in a cage for urging people to employ militant protest techniques against the animal-testing corporation Huntingdon Life Sciences. He spent his last six months in prison in a Communications Management Unit (CMU).

CMUs exist to cut off prisoners from the outside world. The prisoners’ every word is recorded. They are strip-searched before and after each visit from loved ones (in case they write messages on their body). Letters are severely restricted; phone calls are limited to two 15-minute calls a week. CMU prisoners may spend decades without hugging their wives or children.

Like Guantanamo Bay, the CMU is a child of the war on terror. In 2006 and 2008, respectively, the Bureau of Prisons, under the directorship of Harley Lappin, created two secret units: one in Terre Haute, IN, and the other in Marion, IL. The bureau’s stated purpose was “Limited Communication for Terrorist Inmates.” But as at Guantanamo, Muslims were the real targets. Muslims make up roughly 70 percent of the prisoners in CMUs but only 6 percent of the federal prison population. The CMUs are part of a philosophy that makes Muslim synonymous with terrorist, that views “terrorists” as both contagious and superhuman—so dangerous that they must be subject to ultimate control.

Andy was the rare white CMU prisoner. Guards told him he was there as a “balancer.” CMUs are another reflection of the double standard to which the United States holds Muslims. Acts of speech, travel or association that would be A-OK for a Christian are enough to get a Muslim branded a terrorist.

Shifa Sadequee, 2014.
Photo Credit: 
Molly Crabapple
Click to enlarge.

CMU prisoner Shifa Sadequee was kidnapped by U.S. forces in Bangladesh at the age of 19, allegedly tortured and rendered to the United States. He spent three years in solitary awaiting his trial for terrorism. His crimes? He played paintball and took video footage of U.S. monuments. The former activity was labeled “paramilitary training”; the latter, “casing videos” for an attack. The judge sentenced him to 17 years.

Pharmacist Tarek Mehanna should be called a dissident—but that’s not a label America allows Muslims. A scathing critic of U.S. foreign policy, Mehanna believed Muslims under attack in their own countries had the right to armed self-defense. He translated and subtitled some jihadi materials and briefly traveled to Yemen. Nothing he did would have been looked at askance if he were a Tea Party member speaking about fellow gun enthusiasts. But as a Muslim Mehanna was convicted of material support for terrorism. His sentence? Seventeen years.

At his sentencing, Mehanna delivered a chilling, eloquent statement about resisting oppression: “In your eyes, I’m a terrorist, I’m the only one standing here in an orange jumpsuit and it’s perfectly reasonable that I be standing here in an orange jumpsuit. But one day, America will change and people will recognize this day for what it is. They will look at how hundreds of thousands of Muslims were killed and maimed by the U.S. military in foreign countries, yet somehow I’m the one going to prison for ‘conspiring to kill and maim’ in those countries…

“The government says that I was obsessed with violence, obsessed with ‘killing Americans.’ But, as a Muslim living in these times, I can think of a lie no more ironic.”

Tarek Mehanna, 2014.
Photo Credit: 
Molly Crabapple
Click to enlarge.

Mehanna is in a CMU for speech. Few American free speech defenders noticed.

While most Americans were rightly nauseated by the NSA programs revealed by Edward Snowden, they gave less thought to the brutal surveillance that Muslim communities have suffered since 9/11. Mosques, student associations and even restaurants were monitored throughout the country. Informants tried to rope the naive or the mentally ill into expressing support for jihad. If an agent was able to pressure an unstable young man into driving a car or buying some backpacks, he could arrest him for assisting terrorism. The agent would receive professional accolades for making the arrest; the young man, decades in jail. For the untold cash it poured into spying on Muslims, the FBI seldom discovered a plot that it did not concoct itself.

Shahawar Siraj, 2014.
Photo Credit: 
Molly Crabapple
Click to enlarge.

CMU prisoner Shahawar Matin Siraj had no explosives or concrete plan of attack, but that did not prevent a judge from sentencing him to 30 years for plotting to bomb New York’s Herald Square. The informant who befriended him, and then goaded him into the plan, was paid $100,000 by the NYPD.

Imprisonment is erasure. The state locks a person in a cage—without context, without community, without love. He becomes not human but a widget passing through a system of absolute control. The CMU enacts a double erasure: it represents the ultimate scission of the prisoner from his non-prison self. You are in a box. You are no one. You belong to us.

Andy is working on a documentary about CMUs. He asked me to draw pictures of some prisoners. Drawing is slow, deliberate. It is an antidote to forgetting men the state wants the world to forget.

One night I worked on a portrait of Ghassan Elashi. A former vice president of an internet company, Elashi was sentenced to 65 years in prison for running the Holy Land Foundation, which was the largest Muslim charity in the United States until the Bush administration shut it down in December 2001. Through charitable organizations in Gaza, Holy Land allegedly funneled money to Hamas, which the United States classifies as a terrorist organization.

Ghassan Elashi, 2014.
Photo Credit: 
Molly Crabapple
Click to enlarge.

Andy invited Elashi’s daughter, Noor, to my studio. She brought a photograph of her father. I was unable to draw him from life, as the USP Marion is not easy to visit. The three of us stayed up late into the night, me rendering Noor’s father’s eyes in careful watercolor, Andy filming us as she watched me draw.

Noor is a stylishly dressed young writer who sidelines as a baker of gluten-free cupcakes. But when she talks about her father, her voice grows cold with pain. She remembers how FBI agents threw him to the floor when they raided their home. She remembers prison guards screaming at her young brother, who has Down syndrome, when he tried to hug his dad (she and her brother were subsequently denied visits for months). She remembers how her father was barred from making phone calls for writing his name on a yoga mat.

She does not believe for a moment that her father deliberately funneled funds to Hamas.

Noor’s situation shows how CMUs rip apart not only prisoners’ lives but also the lives of their families and community. Noor is still fighting for her dad.

In “Counterpunch,” Noor wrote, “My father is my pillar, whose high spirits transcend all barbed-wire-topped fences, whose time in prison did not stifle his passion for human rights.”

Noor’s words point to one of the war on terror’s most insidious legacies. The war on terror flattened Muslims into bogeymen. They could no longer be troubled young men. Nor could they be political dissidents, heads of charities or defenders of human rights. Dissent was equated with terrorism.

In making a fetish of the word “freedom,” America revoked the freedom of so many within her borders. Civil liberties defenders must remember that Muslims are not a separate class of people. Attacks on Muslims’ rights are attacks on human rights.

Three-Fifths of an Attorney General Declares POWs “Non-Persons” July 24, 2014

Posted by rogerhollander in Civil Liberties, Constitution, Criminal Justice, Human Rights, Torture.
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Roger’s note: Congratulations.  Barak Obama and Eric Holder, with the essential contribution of George Bush, have managed to score a trifecta: a policy and implementation at Guantanamo Bay that is all three, Orwellian, Kafkaesque and Lewis Carroll at the same time.  Torture, indefinite detention, and people who are not persons.  “Execution first, then the trial” shouted the Queen.

And by the way, the three fifths of a person of African slaves that was in the original constitution is even worse than it appears at face value.  Slaves would have been better off if not considered as persons at all.  The southern states lobbied for three fifths so that their slaves would be counted in the census, which in turn determined their level of representation in the House of Representative.  More slaves on the roll via the three fifths gave the southern state more political clout with which to defend slavery.  Thus, being counted as less than fully human was a double whammy against the slaves.  Kafka would have loved it.

 

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Protestors gathered in New York City’s Time Square in April of 2013 to raise awareness of detainee hunger strikes and indefinite imprisonment of prisoners in Guantanamo Bay. (Photo: flickr / cc /Jordan P)

 

Hand it to President Obama for appointing Eric Holder the first African American Attorney General in US history. Then try to fathom that after generations of civil and human rights work by African Americans — whom the US Constitution once called “3/5 of a person” — it is Holder who declared some brown skinned prisoners of war to be “non-persons.” The men are held outside the law by the US at Guantánamo Bay.

Attorneys for the POWs have asked for an order that would allow group prayers during the holy month of Ramadan, but Holder’s Justice Dept. has formally replied that the men aren’t entitled to relief under the Religious Freedom Restoration Act (RFRA) because the Supreme Court has not found that Guantánamo’s prisoners “are ‘persons’ to whom RFRA applies.”

Holder calls the men “unprivileged enemy belligerents detained overseas during a period of ongoing hostilities.” Calling them prisoners of war would require respecting their human rights.

Cori Crider, an attorney with the legal charity Reprieve who represents some of the men, said in a statement, “I fail to see how the President can stand up and claim Guantánamo is a scandal while his lawyers call detainees non-persons in court. If the President is serious about closing this prison, he could start by recognizing that its inmates are people — most of whom have been cleared by his own Government.”

According to AG Holder, US Appeals Court rulings mean Guantánamo’s POWs — whom he calls “nonresident aliens outside the US sovereign territory” — are “not protected ‘person[s].’” In the infamous Hobby Lobby case Holder argues, the Supreme Court refused to say that the word “‘person’ as used in RFRA includes a nonresident alien outside sovereign United States territory.”

Even if RFRA applied to the POWs, Holder claims, the law “cannot overcome the judicial presumption against extraterritorial application of statutes.” Translation: US Law doesn’t apply at Gitmo, or, the reason the US isolates non-persons at an off-shore military penal colony in the first place is so we can ignore or violate “statutes” with impunity. And if we convince ourselves that “unprivileged enemy belligerents” are not people, we should be able to sleep even if we violate the US torture statute (18 USC, Sec. 1, Ch. 113C), the Convention Against Torture and the US War Crimes Act (18 USC, Sec. 2441) ¾ for years on end.

America’s indefinite imprisonment without charges, hunger strikers and force-feeding

My own jail and prison time, all for political protests, has always come with a clear sentence: six days, 90 days, 180 days; 54 months in all. Anybody who’s been on the inside knows that a release date gives you something fast to hold on to, even if you’re called by a number, fed through a slot, handcuffed for court. But imagine 156 months in a nihilistic “extraterritorial” military prison, with no charges, no trial, no sentence, no visits, phone calls or mail, and no hope.

This is what the USA imposes at Guantánamo, a torturous psychological vice of legal oblivion and manufactured futurelessness. Add to this appalling construction the fact that 72 of 149 remaining inmates were approved for release more than four years ago — but are chained up anyway. Scores of Gitmo’s inmates have looked into this man-made oblivion and decided to die. They are using the only power they have left, the dreadful hunger-strike, both as a protest against their endless detention without trial and their only means of eventually ending it.

The US military has chosen to force-feed hunger strikers, gruesomely plunging plastic tubes up the non-persons’ noses. This abuse violates laws against torture, and the force-feeding schedule is the original basis for the religious rights petition so vigorously opposed by Obama and Holder. The ghastly traumatic stress resulting from enduring force-feeding and the regime of its application make Ramadan’s prayerful group reflection impossible. US District Judge Gladys Kessler has, according to Charlie Savage in the New York Times, publicly condemned the abuse for causing “agony.” For PR purposes the Pentagon and Justice Department call the abuse “enteral feeding.”

Mr. Holder has called “not credible” the prisoners’ complaints about “alleged aspects of enteral feeding” and “allegations that detainees who were being enterally fed were not permitted to pray communally during Ramadan in 2013.” But after the number of hunger strikers reached 106 last year, the military halted its public reporting of the strike.

Significantly, a Navy medical officer at Guantánamo has become the first prison official known to refuse force-feeding duty. The unidentified nurse’s refusal was acknowledged by the Pentagon July 15.

If Holder wins his frightening argument denying the humanity of the men at Guantánamo, even the American Society for the Prevention of Cruelty to Animals could object. The ASPCA says its vision is that “the US is a humane community in which all animals are treated with respect and kindness.”

The Egyptian Counterrevolution Will Not Be Televised June 27, 2014

Posted by rogerhollander in Civil Liberties, Egypt, Mining.
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Roger’s note: the Egyptian “elected” dictator, General Abdel Fattah el-Sisi, attended training sessions in the UK and the USA.  He is no doubt an “asset” of these two powerful paragons of Western democracy.  It only matters that he is pro-American, no matter how oppressive and tyrannical with respect to the Egyptian media and opposition.  If Obama says the Egyptian coup was not a coup, who is there to contradict him, as long as the US millions in military aid keep flowing.

“It is the flow of information, not the flow of military aid, that is essential to the functioning of a democratic society,” writes Amy Goodman. (Photo: cropped from Andy Carvin/cc/flickr)

Egypt sentenced three Al-Jazeera journalists this week to severe prison terms, in court proceedings that observers described as “farcical.” Peter Greste, Mohamed Fahmy and Baher Mohamed were charged with fabricating news footage, and thus supporting the Muslim Brotherhood, which was ousted from power in a military coup a year ago and labeled a terrorist organization. Along with the three jailed journalists, three other foreign journalists were tried and convicted in absentia. Greste, who is Australian, and Fahmy, who is Canadian-Egyptian, received seven-year prison sentences. Baher Mohamed, who is Egyptian, was dealt a 10-year sentence, ostensibly because he had an empty shell casing in his possession, which is an item that many journalists covering conflicts pick up off the street as evidence. The prosecutors called that possession of ammunition. The harsh, six-month pretrial imprisonment, the absurd trial itself and now these sentences have generated global outrage. A movement is growing to demand clemency or release for these three journalists. But while the words of the Obama administration support their freedom, the U.S. government’s actions, primarily in pledging to resume military aid to Egypt, send the opposite message.

The three journalists who were sentenced in absentia to 10 years in prison are Al-Jazeera correspondent Sue Turton, along with Dominic Kane and Dutch journalist Rena Netjes. Speaking on the “Democracy Now!” news hour from Doha, Qatar, where Al-Jazeera is based, Turton told me: “The verdicts left us all here at Al-Jazeera quite stunned. We dared to believe that the verdict would be ‘not guilty,’ because we had sat and watched the court sessions over the past few months, and we’d seen absolutely no evidence that the prosecution had brought that proved in any way, shape or form the charges against us.”

Jailed journalist Greste has won awards for his work around the world for Reuters and the BBC prior to Al-Jazeera. Fahmy was working as Al-Jazeera’s Cairo bureau chief at the time of the trio’s Dec. 29, 2013, arrest. He has also worked for CNN, contributed to The New York Times and worked with “PBS NewsHour.” Margaret Warner, the chief foreign-affairs correspondent for “NewsHour,” worked with Fahmy while covering the Egyptian revolution in 2011 when her crew was attacked. She said of Fahmy’s efforts that day: “He absolutely saved our lives. I’m no legal expert, but I can tell you that Mohamed Fahmy struck me … as nothing more and nothing less than a professional journalist.”

In a letter sent to the newly elected President Abdel Fattah el-Sisi, more than 75 journalists, including “Democracy Now!” correspondent Sharif Abdel Kouddous, who is himself Egyptian-American, wrote: “As journalists, we support the release of all of our Egyptian or international colleagues who may be imprisoned for doing what they believed to be their jobs.”

The Committee to Protect Journalists noted, “While the focus has been on the Al-Jazeera journalists, in fact Egypt is currently holding at least 14 journalists in prison, placing the country among the world’s worst repressors.” Amnesty International is calling on people around the world to appeal to President Sisi, writing: “All three men are prisoners of conscience, imprisoned solely for the peaceful exercise of their right to free expression. Egypt must immediately drop the charges against the three journalists and let them go free.”

Of course, not all voices calling for freedom are equal. When the sentences were handed down in court this week, Mohamed Fahmy shouted from his cage, “Where is John Kerry?” It was a very important question. The day before the verdict was issued, U.S. Secretary of State John Kerry was in Cairo, meeting with Sisi.

Egypt has long been one of the largest recipients of U.S. aid, averaging $1.5 billion-$2 billion per year since 1979. Since the coup d’etat last year, that aid has been halted, but the U.S. says it is resuming military aid. One of Kerry’s former colleagues in the Senate, Patrick Leahy, warned, “The harsh actions taken today against journalists is the latest descent toward despotism.” So how is it that the U.S. is restoring more than $500 million in military aid right now?

From his home in Australia, Peter Greste’s father, Juris Greste, said, “Journalism is not a crime,” echoing the sentiment that has gone global. In newsrooms the world over, from the BBC and the Toronto Star to Hong Kong, journalists and staff are posting photos of their mouths covered with tape, protesting Egypt’s oppression of the press. President Barack Obama and Secretary of State Kerry should take heed. A threat to the freedom of the press is a threat to the public’s right to know. It is the flow of information, not the flow of military aid, that is essential to the functioning of a democratic society.
Denis Moynihan contributed research to this column.

U.S. Funds “Terror Studies” to Dissect and Neutralize Social Movements June 24, 2014

Posted by rogerhollander in Civil Liberties, Criminal Justice, Democracy, Occupy Wall Street Movement.
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Roger’s note: Eisenhower warned of the military industrial complex in his farewell address.  A functional definition of fascism is when the state and the corporate world are largely indistinguishable.  What is discussed in this article is exactly what we say in the brutal repression of the Occupy Wall Street movement at the hands of policing and spying agencies of all three levels of government.

Tue, 06/17/2014 – 23:19 — Glen Ford

War Gear Flows to Police Departments June 9, 2014

Posted by rogerhollander in armaments, Arms, Civil Liberties, Police.
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Roger’s note: I am reminded of the infamous remark made by Malcolm X when President Kennedy was assassinated: “The chickens have come home to roost.”  Local police departments with armored vehicles, machine guns, planes and helicopters, grenade launchers, etc.  I wonder what they can be used for.  Protecting your home from a burglary?  Fraud investigations?  Bank hold ups?  It seems to me that these weapons are geared towards dealing with large numbers, let’s say perhaps, citizen protests?  Please excuse my cynicism, I happen at the moment to be reading “The Rise and Fall of the Third Reich,” and it somehow has a contemporary feel to it.

 

The 9-foot-tall armored truck was intended for an overseas battlefield. But as President Obama ushers in the end of what he called America’s “long season of war,” the former tools of combat — M-16 rifles, grenade launchers, silencers and more — are ending up in local police departments, often with little public notice.

During the Obama administration, according to Pentagon data, police departments have received tens of thousands of machine guns; nearly 200,000 ammunition magazines; thousands of pieces of camouflage and night-vision equipment; and hundreds of silencers, armored cars and aircraft.

The equipment has been added to the armories of police departments that already look and act like military units. Police SWAT teams are now deployed tens of thousands of times each year, increasingly for routine jobs. Masked, heavily armed police officers in Louisiana raided a nightclub in 2006 as part of a liquor inspection. In Florida in 2010, officers in SWAT gear and with guns drawn carried out raids on barbershops that mostly led only to charges of “barbering without a license.”

Military Equipment for Local Police

As the nation’s wars abroad wind down, many of the military’s surplus tools of combat have ended up in the hands of state and local law enforcement. Totals below are the minimum number of pieces acquired since 2006 in a selection of categories.

06TK-nat-ARMS-web-Artboard_1

When the military’s mine-resistant trucks began arriving in large numbers last year, Neenah and places like it were plunged into the middle of a debate over whether the post-9/11 era had obscured the lines between soldier and police officer.

“It just seems like ramping up a police department for a problem we don’t have,” said Shay Korittnig, a father of two who spoke against getting the armored truck at a recent public meeting in Neenah. “This is not what I was looking for when I moved here, that my children would view their local police officer as an M-16-toting, SWAT-apparel-wearing officer.”

A quiet city of about 25,000 people, Neenah has a violent crime rate that is far below the national average. Neenah has not had a homicide in more than five years.

“Somebody has to be the first person to say ‘Why are we doing this?’ ” said William Pollnow Jr., a Neenah city councilman who opposed getting the new police truck.

Neenah’s police chief, Kevin E. Wilkinson, said he understood the concern. At first, he thought the anti-mine truck was too big. But the department’s old armored car could not withstand high-powered gunfire, he said.

“I don’t like it. I wish it were the way it was when I was a kid,” he said. But he said the possibility of violence, however remote, required taking precautions. “We’re not going to go out there as Officer Friendly with no body armor and just a handgun and say ‘Good enough.’ ”

Congress created the military-transfer program in the early 1990s, when violent crime plagued America’s cities and the police felt outgunned by drug gangs. Today, crime has fallen to its lowest levels in a generation, the wars have wound down, and despite current fears, the number of domestic terrorist attacks has declined sharply from the 1960s and 1970s.

Police departments, though, are adding more firepower and military gear than ever. Some, especially in larger cities, have used federal grant money to buy armored cars and other tactical gear. And the free surplus program remains a favorite of many police chiefs who say they could otherwise not afford such equipment. Chief Wilkinson said he expects the police to use the new truck rarely, when the department’s SWAT team faces an armed standoff or serves a warrant on someone believed to be dangerous.

Today, Chief Wilkinson said, the police are trained to move in and save lives during a shooting or standoff, in contrast to a generation ago — before the Columbine High School massacre and others that followed it — when they responded by setting up a perimeter and either negotiating with, or waiting out, the suspect.

The number of SWAT teams has skyrocketed since the 1980s, according to studies by Peter B. Kraska, an Eastern Kentucky University professor who has been researching the issue for decades.

The ubiquity of SWAT teams has changed not only the way officers look, but also the way departments view themselves. Recruiting videos feature clips of officers storming into homes with smoke grenades and firing automatic weapons. In Springdale, Ark., a police recruiting video is dominated by SWAT clips, including officers throwing a flash grenade into a house and creeping through a field in camouflage.

In South Carolina, the Richland County Sheriff’s Department’s website features its SWAT team, dressed in black with guns drawn, flanking an armored vehicle that looks like a tank and has a mounted .50-caliber gun. Capt. Chris Cowan, a department spokesman, said the vehicle “allows the department to stay in step with the criminals who are arming themselves more heavily every day.” He said police officers had taken it to schools and community events, where it was a conversation starter.

Photo

Kevin Wilkinson, the police chief of Neenah, Wis., said having a vehicle built for combat would help protect his officers. Credit Darren Hauck for The New York Times

“All of a sudden, we start relationships with people,” he said.

Not everyone agrees that there is a need for such vehicles. Ronald E. Teachman, the police chief in South Bend, Ind., said he decided not to request a mine-resistant vehicle for his city. “I go to schools,” he said. “But I bring ‘Green Eggs and Ham.’ ”

The Pentagon program does not push equipment onto local departments. The pace of transfers depends on how much unneeded equipment the military has, and how much the police request. Equipment that goes unclaimed typically is destroyed. So police chiefs say their choice is often easy: Ask for free equipment that would otherwise be scrapped, or look for money in their budgets to prepare for an unlikely scenario. Most people understand, police officers say.

“When you explain that you’re preparing for something that may never happen, they get it,” said Capt. Tiger Parsons of the Buchanan County Sheriff’s Office in northwest Missouri, which recently received a mine-resistant truck.

In the Indianapolis suburbs, officers said they needed a mine-resistant vehicle to protect against a possible attack by veterans returning from war.

“You have a lot of people who are coming out of the military that have the ability and knowledge to build I.E.D.’s and to defeat law enforcement techniques,” Sgt. Dan Downing of the Morgan County Sheriff’s Department told the local Fox affiliate, referring to improvised explosive devices, or homemade bombs. Sergeant Downing did not return a message seeking comment.

The police in 38 states have received silencers, which soldiers use to muffle gunfire during raids and sniper attacks. Lauren Wild, the sheriff in rural Walsh County, N.D., said he saw no need for silencers. When told he had 40 of them for his county of 11,000 people, Sheriff Wild confirmed it with a colleague and said he would look into it. “I don’t recall approving them,” he said.

Some officials are reconsidering their eagerness to take the gear. Last year, the sheriff’s office in Oxford County, Maine, told county officials that it wanted a mine-resistant vehicle because Maine’s western foothills “face a previously unimaginable threat from terrorist activities.”

County commissioners approved the request, but recently rescinded it at the sheriff’s request. Scott Cole, the county administrator, said some people expressed concerns about the truck, and the police were comfortable that a neighboring community could offer its vehicle in an emergency.

At the Neenah City Council, Mr. Pollnow is pushing for a requirement that the council vote on all equipment transfers. When he asks about the need for military equipment, he said the answer is always the same: It protects police officers.

“Who’s going to be against that? You’re against the police coming home safe at night?” he said. “But you can always present a worst-case scenario. You can use that as a framework to get anything.”

Chief Wilkinson said he was not interested in militarizing Neenah. But officers are shot, even in small towns. If there were an affordable way to protect his people without the new truck, he would do it.

“I hate having our community divided over a law enforcement issue like this. But we are,” he said. “It drives me to my knees in prayer for the safety of this community every day. And it convinced me that this was the right thing for our community.”

Revealed: Gov’t Used Fusion Centers to Spy on Occupy May 23, 2014

Posted by rogerhollander in Civil Liberties, Constitution, Criminal Justice, Democracy, Occupy Wall Street Movement.
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Roger’s note: The Patriot Act and the establishment of the Orwellian named Homeland Security have taken the United States one giant step forward towards a police state.  Criminalizing dissent is nothing new, goes back to WWI and further; but the scope of it today is truly frightening.

New report exposes US government’s treatment of social movements as ‘criminal or terrorist enterprises’

- Sarah Lazare, staff writer

(Photo: David Shankbone / Wikimedia Creative Commons)

U.S. government Fusion Centers, which operate as ill-defined “counter-terrorism” intelligence gathering and sharing centers, conducted spy operations against Occupy protesters involving police, the Pentagon, the FBI, military employees, and business people.

So finds a report released Friday by the Partnership for Civil Justice Fund based on 4,000 public documents obtained through a Freedom of Information Act request. The release was accompanied by an in-depth article by the New York Times.

“The U.S. Fusion Centers are using their vast counter-terrorism resources to target the domestic social justice movement as a criminal or terrorist enterprise,” PCJF Executive Director Mara Verheyden-Hilliard stated. “This is an abuse of power and corruption of democracy.”

“Although the Fusion Centers’ existence is justified by the DHS as a necessary component in stopping terrorism and violent crime, the documents show that the Fusion Centers in the Fall of 2011 and Winter of 2012 were devoted to unconstrained targeting of a grassroots movement for social change that was acknowledged to be peaceful in character,” the report states.

Police chiefs of major metropolitan areas used the Southern Nevada Counter Terrorism Center to produce regular reports on the occupy movement.

Furthermore, “The Boston regional intelligence center monitored and cataloged Occupy-associated activities from student organizing to political lectures,” according to the report. That center also produced twice-daily updates on Occupy activities.

The New York Times notes:

The Boston Regional Intelligence Center, one of the most active centers, issued scores of bulletins listing hundreds of events including a protest of “irresponsible lending practices,” a food drive and multiple “yoga, faith & spirituality” classes.

Nationwide surveillance has included extensive monitoring of social media, in addition to a variety of spying methods used across Fusion Centers.

“[T]he Fusion Centers are a threat to civil liberties, democratic dissent and the social and political fabric of this country,” said Carl Messineo, PCJF Legal Director. “The time has long passed for the centers to be defunded.”

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It’s a Crime to Be Gay May 17, 2014

Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights, LGBT.
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Remorseful Jurors Plea to Judge: No Prison Time For OWS Activist May 9, 2014

Posted by rogerhollander in Civil Liberties, Criminal Justice, Democracy, Occupy Wall Street Movement, Police.
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Roger’s note: this is a follow-up to an article I posted a few days ago.  Take a good look at our police state and criminal injustice system.

 

Jurors express shock and regret upon learning guilty verdict could land Cecily McMillan in prison for 7 years

- Sarah Lazare, staff writer

Eduardo Munoz/Reuters

A majority of the jury that found Occupy Wall Street protester Cecily McMillan guilty of “felony assault” of the very police officer who she says sexually assaulted and brutalized her appears to be remorseful that the 25-year-old could spend up to seven years behind bars.

Nine of the 12 people who served on the jury have penned a letter to Judge Ronald Zweibel begging for a “lenient” sentence that avoids any prison time. The letter, obtained by the Guardian and dated Tuesday, states:

We the jury petition the court for leniency in the sentencing of Cecily McMillan. We would ask the court to consider probation with community service. We feel that the felony mark on Cecily’s record is punishment enough for this case and that it serves no purpose to Cecily or to society to incarcerate her for any amount of time.

The letter follows initial reactions of shock and regret from some who served on the jury—which was not informed of the verdict’s severe sentencing guidelines during the trial—once they learned McMillan could be incarcerated for years. One juror expressed “remorse” to the Guardian on Tuesday, stating, “Most just wanted her to do probation, maybe some community service. But now what I’m hearing is seven years in jail? That’s ludicrous. Even a year in jail is ridiculous.” Martin Stolar, criminal defense attorney affiliated with the National Lawyers Guild and co-counsel for McMillan’s case, said two other jurors had contacted him with similar expressions of regret, according to the Huffington Post.

During McMillan’s trial, the jury was not informed of the severe sentencing guidelines for the verdict, as is the standard in the United States, except for death penalty cases. Furthermore, they were denied key evidence throughout the trial.

McMillan’s conviction on Monday shined an international spotlight on what critics charge is a failed “justice system” that routinely sides with police—no matter how bad their behavior, dismisses survivors of sexual violence, and criminalizes dissent.

McMillan is described by her supporters as “a 25-year-old organizer” who “has been politically active for over a decade — most notably in the Democratic Socialists for America, the anti-Scott Walker mobilization, and Occupy Wall Street.”

She was one of approximately 70 people detained late the night of March 17/early morning March 18, 2012, when police violently cleared a memorial event marking the six-month anniversary of Occupy Wall Street. McMillan, who had stopped by the park to meet a friend, says she was sexually assaulted by police officer Grantley Bovell while she attempted to leave the area.

“Seized from behind, she was forcefully grabbed by the breast and ripped backwards,” according to a statement by support group Justice For Cecily. “Cecily startled and her arm involuntarily flew backward into the temple of her attacker, who promptly flung her to the ground, where others repeatedly kicked and beat her into a string of seizures.” Following the attack, McMillan underwent treatment for Post-Traumatic Stress Disorder.

Despite numerous allegations that Bovell has inflicted excessive force while on duty, as well as photograph and video evidence of injuries sustained by McMillan—including a hand-shaped bruise on her chest, it was McMillan who was put on trial for felony charges of assaulting Bovell.

According to McMillan’s supporters, what followed was a trial riddled with injustice, in which Judge Ronald Zweibel showed repeated favoritism towards the prosecution. Zweibel imposed a gag order on McMillan’s lawyers, excluded key physical evidence, and ruled that information about Bovell’s past violent behavior, and violence the night of McMillan’s arrest, was not relevant to the case.

“To the jury, the hundreds of police batons, helmets, fists, and flex cuffs out on March 17 were invisible – rendering McMillan’s elbow the most powerful weapon on display in Zuccotti that night, at least insofar as the jury was concerned,” wrote journalist Molly Knefel, who was present the night of McMillan’s arrest.

McMillan, is planning an appeal, but the process could take six to nine months. Meanwhile, Justice for Cecily organizers report that they have been able to visit McMillan where she is being held at Rikers Island, and she has released the following message to her supporters:

“Thank you again for all that you’ve done and continue to do for me- ya’ll are very much loved, and make me feel loved when I’m lying here at night. Please do not feel like there’s anything more you could have done— you all went above and beyond any expectations I had or any standards anyone would have set. Also, please don’t worry about my safety – it is difficult in here, but people (especially the inmates but also many of the corrections officers) have been very kind; several women (re-incarcerates) have taken me under their wing, giving me tea, sugar extra milk and the paper (NY Daily News).“

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Outrage and Protests Follow Guilty Verdict for OWS Activist May 6, 2014

Posted by rogerhollander in Civil Liberties, Criminal Justice, Democracy, Occupy Wall Street Movement, Police.
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Roger’s note: There is nothing new about police brutality in democratic America, but historically we always see an escalation when protests against the injustices of our capitalist utopia themselves escalate (during the Great Depression, for example).  What is frightening is the level of militarization of urban police forces and governments at all levels preparing for mass incarceration as protests rise in proportion to the economic, military and environmental crises at the same time that what was left of constitutional guarantees such as habeas corpus have disappeared.

‘This has become something bigger than Cecily McMillan. It’s about protests and dissent.’

- Sarah Lazare, staff writer

People across the United States responded with outrage after Occupy Wall Street activist Cecily McMillan was found guilty Monday afternoon of “assaulting” the very police officer who she says sexually assaulted her.

Cecily McMillan (Photo: Democracy Now! Screen Shot)

Over 100 people rallied in New York City’s Zuccotti Park Monday night and, according to advocates, messages of support immediately began pouring in from across the country.

“I know Cecily would be in gratitude for how much people care,” Stan Williams of support group Justice for Cecily told Common Dreams. “But this has become something bigger than Cecily. It’s about protests and dissent.”

McMillan’s supporters on Monday filled a New York court room with cries of “Shame!” when the 25-year-old organizer was handed a guilty verdict and then promptly handcuffed and taken away to Rikers Island, where she is currently detained pending sentencing. In a Democracy Now! interview Tuesday morning, Martin Stolar, criminal defense attorney affiliated with the National Lawyers Guild and co-counsel for McMillan’s case, derided her felony verdict—that could land her a sentence of two to seven years with a chance of parole—as “ridiculous” and vowed an appeal.

McMillan was one of approximately 70 people detained late the night of March 17/early morning March 18, 2012, when police violently cleared a memorial event marking the six-month anniversary of Occupy Wall Street. McMillan, who had stopped by the park to meet a friend, says she was sexually assaulted by police officer Grantley Bovell while she attempted to leave the area. “Seized from behind, she was forcefully grabbed by the breast and ripped backwards,” according to a statement by Justice For Cecily. “Cecily startled and her arm involuntarily flew backward into the temple of her attacker, who promptly flung her to the ground, where others repeatedly kicked and beat her into a string of seizures.” Following the attack, McMillan underwent treatment for Post-Traumatic Stress Disorder.

Yet, despite numerous allegations that Bovell has inflicted excessive force while on duty, as well as his previous involvement in a ticket-fixing scandal, it was McMillan who was put on trial for felony charges of assaulting Bovell.

According to McMillan’s supporters, what followed was a trial riddled with injustice, in which Judge Ronald Zweibel showed repeated favoritism towards the prosecution and imposed a gag order on McMillan’s lawyer.

Facing photographic and video evidence of McMillan’s bruises following the attack, including a hand-shaped bruise on her chest, as well as the testimony of dozens of witnesses, the prosecution went so far as to claim that McMillan had imposed the injuries on herself.

“In the trial, physical evidence was considered suspect but the testimony of the police was cast as infallible,” writes journalist Molly Knefel, who was present the night of McMillan’s arrest. “And not only was Officer Bovell’s documented history of violent behavior deemed irrelevant by the judge, but so were the allegations of his violent behavior that very same night.”

“To the jury, the hundreds of police batons, helmets, fists, and flex cuffs out on March 17 were invisible – rendering McMillan’s elbow the most powerful weapon on display in Zuccotti that night, at least insofar as the jury was concerned,” Knefel added.

Yet, according to Kristen Iversen writing for Brooklyn Magazine, McMillan’s verdict is not just the outcome of one unfair trial, but rather exposes “systemic” failures of justice: “The failure is that McMillan was given the exact kind of trial that our system is set up for, one that supports the police no matter how wrong their behavior, one that dismisses victims of sexual assault in astonishing numbers.”

Lucy Parks, field coordinator for Justice For Cecily, said McMillan’s supporters are busy figuring out next steps, with plans to organize petitions, call-in days, and other mobilizations in the works.

“We’re also trying to bring together communities of U.S. activists and anyone who feels strongly about this trial to try and heal and move forward and broaden the conversation about the justice system to talk about more people than just Cecily,” Parks added.

Reactions and reports are being posted on Twitter:

Pulitzer Vindicates: Snowden Journalists Win Top Honor April 15, 2014

Posted by rogerhollander in Civil Liberties, Media, Whistle-blowing.
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Roger’s note: I don’t know why, but somehow I don’t expect that this vindication of Edward Snowden’s bravery will not get much play in the mainstream media, so I am posting it here.  As some of the comments on the Common Dreams web site have pointed out, there has been no or  little mention of those who made great sacrifices and paid a price for speaking out, such as Chelsea Manning (it is reported today that the General in charge of her kangaroo court martial has affirmed her 35 year sentence) and Julian Assange (held prisoner indefinitely in London’s Ecuadorian Embassy).  These should not be forgotten.

 

Guardian and Washington Post each honored with Pulitzer for Public Service

- Lauren McCauley, staff writer

Ewen MacAskill, Glenn Greenwald and Laura Poitras in Hong Kong to meet NSA whistleblower Edward Snowden on June 10, 2013. (Photo by Laura Poitras)

The Washington Post and the Guardian/US were both awarded one of journalism’s top honors on Monday—the Pulitzer Prize for Public Service— for their separate but related reporting on the NSA’s widespread surveillance documents leaked by NSA whistleblower Edward Snowden.

Journalists Glenn Greenwald, Laura Poitras and Ewen MacAskill from the Guardian and the Washington Post’s Barton Gellman sent shock waves across the globe for their reporting on the leaks—eliciting responses from citizens and governments alike and spurring a new era of backlash against government intrusion.

Following news of the honor, Snowden released a statement thanking the Pulitzer committee for recognizing those involved in the NSA reporting. He wrote:

Today’s decision is a vindication for everyone who believes that the public has a role in government. We owe it to the efforts of the brave reporters and their colleagues who kept working in the face of extraordinary intimidation, including the forced destruction of journalistic materials, the inappropriate use of terrorism laws, and so many other means of pressure to get them to stop what the world now recognizes was work of vital public importance.

This decision reminds us that what no individual conscience can change, a free press can. My efforts would have been meaningless without the dedication, passion, and skill of these newspapers, and they have my gratitude and respect for their extraordinary service to our society. Their work has given us a better future and a more accountable democracy.

The Pulitzer committee awarded the prize to the publications for their “revelation[s] of widespread secret surveillance by the National Security Agency,” specifying that the Guardian, “through aggressive reporting,” helped “to spark a debate about the relationship between the government and the public over issues of security and privacy.” They credited the Post for their “authoritative and insightful reports that helped the public understand how the disclosures fit into the larger framework of national security.”

The Guardian team broke the first report on the NSA’s collection of Verizon phone records and Gellman, with help from Poitras, reported on the wide-ranging surveillance program known as “PRISM.” In addition to Greenwald, Poitras, MacAskill and Gellman—who are primarily credited for the NSA revelations—a number of other reporters working at the publications also contributed to the reporting that followed.

Following the announcement, many hailed the selection as a vindication of the actions of both the journalists and the whistleblower, a number of whom have been threatened for their work and are forced to remain in exile for fear of persecution by the U.S. government.

“The stories that came out of this completely changed the agenda on the discussion on privacy and the NSA,” David Remnick, editor of The New Yorker, said prior to the announcement. “There’s an enormous public good in that, and it’s yet to be proven at all that somehow did great damage to national security.”

“I can’t imagine a more appropriate choice for a Pulitzer Prize,” New York University media studies professor Mark Miller told AFP. Miller said that the winning team of reporters did what “American journalists are supposed to do, which is serve the public interest by shedding a bright light on egregious abuse of power by the government.”

“The real journalistic heroes in this country tend to be the mavericks, the eccentrics, those who dare to report stories that are often dismissed derisively as ‘conspiracy theory,'” Miller continued.

On Friday, Poitras and Greenwald returned to the U.S. for the first time since breaking the NSA stories to accept the prestigious George Polk Award for national security reporting.

During his acceptance speech for the George Polk award, Greenwald discussed the intimidation that both whistleblowers and journalists face.

“The only way to deal with threats,” he said, “is to just do the reporting as aggressively, if not more so, than you would absent those threats.”

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