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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 Human Rights, Torture, Criminal Justice, Civil Liberties, Constitution.
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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.”

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

US Forced to Release Memo on Extrajudicial Drone Killing of US Citizen June 23, 2014

Posted by rogerhollander in Barack Obama, Constitution, Criminal Justice, Democracy, War on Terror.
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Roger’s note: As I have noted more than once on this Blog, the major crimes in history, including the death of Socrates, Jesus, and the Holocaust, were carried out and justified by the existing “legal’ system, that is under the color of law.   Again, history repeats itself, and David Barron of the OLC joins the disgraced criminal ranks of John Yoo, Bruce Bybee and the other torture memo conspirators.

Not Forgotten: Street Art to Remember the Victims of the School of the Americas May 31, 2014

Posted by rogerhollander in Criminal Justice, Latin America.
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Roger’s note: If you watch the short video at the end of this posting, you will see a group of young people breaking the law by affixing posters on private property.  Someone obviously called the cops, and you will see them being arrested and taken away.  I don’t know how things turned out, but I suspect they were processed by the criminal justice system and will pay a price, perhaps even a large one, for their “crime.”  The object of their action, their protest, their civil disobedience, i.e., the U.S. government School of the Americas, is responsible for wholesale murder throughout Latin America.  They (the American politicians and military and the Latin American soldiers they train) will not be brought to justice for their deeds, they will literally get away with murder.  This is the world we live in, supported by our tax dollars.

 

by Nick Alexandrov

Víctor Jara was an internationally-acclaimed Chilean singer-songwriter, a theater director and activist. When General Augusto Pinochet took power on “the other 9/11” in 1973, his troops forced Jara and thousands of other political prisoners into Santiago’s Chile Stadium. After a group of soldiers recognized the artist, they tortured him in the arena basement, and then—before the crowd of detainees—cut off his fingers, mocking him as they demanded he perform something, perhaps a composition in the “New Song” genre he’d helped pioneer, and which Pinochet had banned. Witnesses recall that Jara sang “Venceremos”—“We Will Win”—before the guards dragged him away. He was shot 44 times.

Jara is one of the people School of the Americas Watch’s (SOAW) current poster campaign, developed with street artist César Maxit, commemorates. Others include El Salvador’s Archbishop Óscar Romero, who was celebrating Mass in a hospital chapel when assassins gunned him down in March 1980; Guatemalan Bishop Juan Gerardi, one of the main figures behind the crucial human rights report Guatemala: Nunca Más!, whose killers pummeled his face with a concrete slab, mutilating it beyond recognition; and Natalia Tuberquia Muñoz, who was only six in 2005 when massacred—along with three men, two women and another child—in the Colombian village of San José de Apartadó. What the musician, the bishops and the child have in common is that they are just four of the thousands of Latin Americans murdered by School of the Americas (SOA) graduates.

The SOA, located at Fort Benning, Georgia, is a combat training school for Latin American soldiers, 70,000 of whom have studied counterinsurgency techniques, sniper training, commando and psychological warfare there since the institution’s 1946 founding. Training manuals the school used for at least a decade recommended extortion, torture and execution as effective means of dealing with the state’s enemies. And the SOAW posters also feature eight of its alumni, including Argentine dictator Jorge Rafael Videla, who died last year in jail, incarceration his punishment for committing crimes against humanity, including disappearances, torture, and the killing of 15,000-30,000 dissidents; Guatemalan military dictator Ríos Montt, whom a Guatemalan court last year found guilty of genocide against his country’s Ixil Maya; and Honduran General Romeo Vásquez Velásquez, a key official spearheading the country’s 2009 coup, which even the military lawyer—himself an SOA alum—charged with giving the affair a veneer of legitimacy admittedwas “a crime.”

SOA complicity in the recent Honduran coup reveals the institution’s continuing relevance. Its 2001 name-change—it’s known now as the Western Hemisphere Institute for Security Cooperation (WHINSEC)—was merely cosmetic, and “there are no substantive changes besides the name,” one of its former instructors testified shortly after the rebranding. The school’s consistent aim, in the past and today, has been to facilitate Latin American militaries’ wars of repression against their own people. Describing Washington’s support for dictators like Videla and Montt as stemming from its “anti-Communism,” or as related to the U.S.-Soviet rivalry, misses the point. The term “Communist,” for example, was always incredibly elastic, used to refer to illiterate peasant farmers, church officials, university instructors, women in areas considered guerrilla territory—the label could be affixed to whoever was slated for execution. “The army is not killing guerrillas, despite what is reported,” a U.S. mercenary in 1980s El Salvador explained. “It is murdering the civilians who side with them. By terrorizing civilians the army is crushing the rebellion without the need to directly confront the guerrillas. Attacking civilians is the game plan.” The SOAW posters remembering some of the victims—bishops, young girls, a musician—help capture this reality, still very much a part of Washington’s Latin America policy, as ongoing U.S. support for the repressive Mexican, Colombianand Hondurangovernments makes clear.

To help draw attention to the beneficiaries and victims of U.S. training and aid, nearly a dozen activists gathered on May 14 in Washington, D.C.’s Adams Morgan neighborhood, where they pasted up a mural composed, in part, of the SOAW posters. “Though the activists were peaceful in their actions,” SOAW reports, “D.C. police decided that political art was unacceptable in the district.  After the artwork was completed, four of the activists”—Dominique Diaddigo-Cash, Gail Taylor, Maria Luisa Rosal, and Nico Udu-gama—“were handcuffed, arrested and held for 6 hours before being charged with ‘defacing public or private property.’ The charge carries a maximum penalty of 6 months in prison and a $1,000 fine,” and those detained “will be arraigned in the D.C. Superior Court on June 5, 2014.”

But the police intervention in the Adams Morgan art action hasn’t had a deterrent effect: in the last few weeks, SOAW activists have taken posters to other District neighborhoods, as well as the streets of Los Angeles and the UC Riverside campus. “The best way to stand in solidarity with the targeted activists, and to push back against the criminalization of dissent,” SOAW reminds us, “is to keep up the resistance!”

This video, by Beth Geglia, shows footage of the May 14 action, as well as the subsequent arrest of four SOAW activists:

And go here for more information on the SOAW poster campaign. You’ll find the full series of downloadable posters on the website, as well as step-by-step wheat-pasting instructions.

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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Lac-Mégantic Residents Decry Charging of Low-Level Employees Over Deadly Disaster May 15, 2014

Posted by rogerhollander in Capitalism, Criminal Justice.
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Roger’s note: JUSTICE: CAPITALIST STYLE.  Those who own capital, also own government, and that includes the so-called justice system.  You can be sure you will be prosecuted to the full extent of the law (sic)  if you shop lift to feed your children.  But you would be wiser to own a railroad company or be a politician who receives their financial largesse.  That pretty much buys you a free pass … up to and including murder.

“The big boss — he should be first.”

- Andrea Germanos, staff writer

Image of the deadly Lac-Mégantic, Quebec explosive derailment. (Screengrab from video below.)

Three employees of the rail company behind the infamous Lac-Mégantic train derailment and fireball explosion faced charges Tuesday of criminal negligence for the deaths of the 47 people killed. But for the residents of the small Quebec town, the fact that no executives were charged 10 months after the tragedy brought little sense of justice.

The three Montreal Maine and Atlantic Railway Ltd. employees charged were Thomas Harding, the train conductor; Jean Demaître, manager of train operations; and Richard Labrie, traffic controller.

Harding, whose lawyer, Thomas Walsh, had said would voluntarily appear in court, was arrested on Monday by a SWAT team that came to his house.

Walsh told CTVNews that the police forced Harding, his son and a friend to the ground before cuffing and taking Harding, who reportedly suffers from PTSD, away.

The three face a maximum sentence of life in prison.

The charging of the three employees of the now bankrupt MMA, however, brought no joy to the people of the disaster-stricken town. Rather than being gripped by anger, they expressed sorrow and frustration that these low-level employees face charges while the real people who should be charged evade justice.

As the three somber-faced men were led into court, Ghislain Champagne, who lost his 36-year-old daughter Karine in the disaster, shouted, “It’s not them we want!”

Peggy Curran, reporting for the Montreal Gazette, shares similar voices from Lac-Mégantic residents.

Resident Diane Poirier, who lost two nephews in the tragedy, told the Gazette, “To my mind, it is their boss who is responsible,” referring to MMA chairman Ed Burkhardt. “He took his time coming here to see us here. I didn’t like the attitude of that man at all. But I don’t blame them at all — maybe they lacked training.”

That feeling was echoed by Ghislain Champagne’s wife, Danielle Lachance Champagne. “I believe there should be charges, but for the right people,” adding, “The big boss — he should be first.”

But beyond the bosses, said Raymond Lafontaine, who lost friends and family members in the accident, the federal government bears responsibility for inadequate track maintenance.

“We want to know that it can never happen again,” Danielle Champagne said, “but it will.”

Weeks after the Lac-Mégantic disaster, Maude Barlow, national chairperson of the Council of Canadians, wrote, “Those who do not learn from their mistakes are bound to repeat them,” and noted, “How easy it would be to lay the blame for the tragedy in Lac-Mégantic on the engineer who ran the train.”

“But the real responsibility lies with the governments on both sides of the border who have deregulated their transport sectors, gutted freshwater protections and promoted the spectacular growth and transport of new and unsustainable fossil fuels,” Barlow wrote.

* * *

The scene of the explosive July 2013 derailment was captured by YouTube user Anne-Julie Hallée in this video below:

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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.

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