First known attempt to kill Anwar al Awlaki was Dec. 2009. Legal memo justifying US plot to kill him is dated July 2010.
Tags: addington, alberto gonzalex, bybee, CIA torture, condoleeza rice, constitutiion, Criminal Justice, Dick Cheney, George Bush, human rights, International law, john yoo, jon queally, nuremberg, obama torture, roger hollander, rumsfeld, senate intelligence, torture, waterboarding
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Roger’s note: The United States government and military violate international law on a daily basis; the Bush/Cheney torture regime, which Obama has outsourced to Bagram and god knows where else, is one of its most blatant manifestations. Obama’s “we need to look forward not backward” excuse for violating his oath to defend the constitution does credit to Lewis Carroll and Franz Kafka. The next time you are before a judge accused of a crime, please remind her that it is time to look forward and not backward. Your charges are sure to be dropped.
According to sources who spoke with McClatchy, five-year inquiry into agency’s torture regime ignores key role played by Bush administration officials who authorized the abuse
According to new reporting by McClatchy, the five-year investigation led by the U.S. Senate Intelligence Committee into the torture program conducted by the CIA in the aftermath of September 11, 2001 will largely ignore the role played by high-level Bush administration officials, including those on the White House legal team who penned memos that ultimately paved the way for the torture’s authorization.
Though President Obama has repeatedly been criticized for not conducting or allowing a full review of the torture that occured during his predecessor’s tenure, the Senate report—which has been completed, but not released—has repeatedly been cited by lawmakers and the White House as the definitive examination of those policies and practices. According to those with knowledge of the report who spoke with McClatchy, however, the review has quite definite limitations.
The report, one person who was not authorized to discuss it told McClatchy, “does not look at the Bush administration’s lawyers to see if they were trying to literally do an end run around justice and the law.” Instead, the focus is on the actions and inations of the CIA and whether or not they fully informed Congress about those activities. “It’s not about the president,” the person said. “It’s not about criminal liability.”
Responding to comment on the reporting, legal experts and critics of the Bush torture program expressed disappointment that high-level officials in the administration were not part of the review. In addition to the president himself, Vice President Dick Cheney, National Security Advisor Condoleeza Rice and Secretary of Defense Donald Rumsfeld, others considered part of what it sometimes referred to as the “Torture Team,” include: Alberto Gonzales, a former White House counsel and attorney general; David Addington, former vice-president Dick Cheney’s chief of staff; Douglas Feith, who was under-secretary of defence; William Haynes, formerly the Pentagon’s general counsel; and John Yoo and Jay Bybee, who wrote many of the specific legal memos authorizing specific forms of abuse.
“If it’s the case that the report doesn’t really delve into the White House role, then that’s a pretty serious indictment of the report,” Elizabeth Goitein, the co-director of the Brennan Center for Justice’s Liberty and National Security Program at the New York University Law School, said to McClatchy. “Ideally it should come to some sort of conclusions on whether there were legal violations and if so, who was responsible.”
And Kenneth Roth, executive director of Human Rights Watch, indicated that limiting the report to just the actions of the CIA doesn’t make much sense from a legal or investigative standpoint. “It doesn’t take much creativity to include senior Bush officials in the Senate Intelligence Committee’s jurisdiction. It’s not hard to link an investigation into the CIA’s torture to the senior officials who authorized it. That’s not a stretch at all.”
As Mclatchy‘s Jonathan S. Landay, Ali Watkins and Marisa Taylor report:
The narrow parameters of the inquiry apparently were structured to secure the support of the committee’s minority Republicans. But the Republicans withdrew only months into the inquiry, and several experts said that the parameters were sufficiently flexible to have allowed an examination of the roles Bush, Cheney and other top administration officials played in a top-secret program that could only have been ordered by the president.
“It doesn’t take much creativity to include senior Bush officials in the Senate Intelligence Committee’s jurisdiction,” said Kenneth Roth, executive director of Human Rights Watch. “It’s not hard to link an investigation into the CIA’s torture to the senior officials who authorized it. That’s not a stretch at all.”
It’s not as if there wasn’t evidence that Bush and his top national security lieutenants were directly involved in the program’s creation and operation.
The Senate Armed Services Committee concluded in a 2008 report on detainee mistreatment by the Defense Department that Bush opened the way in February 2002 by denying al Qaida and Taliban detainees the protection of an international ban against torture.
White House officials also participated in discussions and reviewed specific CIA interrogation techniques in 2002 and 2003, the public version of the Senate Armed Services Committee report concluded.
Several unofficial accounts published as far back as 2008 offered greater detail.
Cheney and Defense Secretary Donald Rumsfeld relentlessly pressured interrogators to subject detainees to harsh interrogation methods in part to find evidence of cooperation between al Qaida and the late Iraqi dictator Saddam Hussein, McClatchy reported in April 2009. Such evidence, which was non-existent, would have substantiated one of Bush’s main arguments for invading Iraq in 2003.
Other accounts described how Cheney, Rumsfeld, National Security Adviser Condoleezza Rice, Attorney General John Ashcroft, and Secretary of State Colin Powell approved specific harsh interrogation techniques. George Tenet, then the CIA director, also reportedly updated them on the results.
“Why are we talking about this in the White House? History will not judge this kindly,” Ashcroft said after one of dozens of meetings on the program, ABC News reported in April 2008 in a story about the White House’s direct oversight of interrogations.
News reports also chronicled the involvement of top White House and Justice Department officials in fashioning a legal rationale giving Bush the authority to override U.S. and international laws prohibiting torture. They also helped craft opinions that effectively legalized the CIA’s use of waterboarding, wall-slamming and sleep deprivation.
Though President Obama casually admitted earlier this, “We tortured some folks.” — what most critics and human rights experts have requested is an open and unbiased review of the full spectrum of the U.S. torture program under President Bush. And though increasingly unlikely, calls remain for those responsible for authorizing and conducting the abuse to be held accountable with indictments, trials, and if guilty, jail sentences. In addition, as a letter earlier this year signed by ten victims of the extrajudicial rendition under the Bush administration stated, the concept of full disclosure and accountability is key to restoring the credibility of the nation when it comes to human rights abuses:
Publishing the truth is not just important for the US’s standing in the world. It is a necessary part of correcting America’s own history. Today in America, the architects of the torture program declare on television they did the right thing. High-profile politicians tell assembled Americans that ‘waterboarding’ is a ‘baptism’ that American forces should still engage in.
These statements only breed hatred and intolerance. This is a moment when America can move away from all that, but only if her people are not sheltered from the truth.
As McClatchy notes, a redacted version of the report’s summary—the only part of it expected to be released to the public—continues to be under review. Its release date remains unclear.
WHAT ‘DEMOCRACY’ REALLY MEANS IN U.S. AND NEW YORK TIMES JARGON: LATIN AMERICA EDITION October 19, 2014Posted by rogerhollander in Bolivia, Democracy, Foreign Policy, Imperialism, Latin America, Media, Venezuela.
Tags: Bolivia, democracy, dictatorships, egypt coup, Evo Morales, foreign policy, glenn greenwald, Hugo Chavez, imperialism, journalism, Media, new york times, roger hollander, Venezuela, venezuela coup
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Roger’s note: I read the New York Times (it is the most right wing site I go to online; and, when asked how I keep up with the “other side,” I reply that one absorbs it by osmosis), there is often good reporting and feature articles; but on U.S. foreign policy, the Times is as Neanderthal as Bush/Obama/Clintons.
One of the most accidentally revealing media accounts highlighting the real meaning of “democracy” in U.S. discourse is a still-remarkable 2002 New York Times Editorial on the U.S.-backed military coup in Venezuela, which temporarily removed that country’s democratically elected (and very popular) president, Hugo Chávez. Rather than describe that coup as what it was by definition – a direct attack on democracy by a foreign power and domestic military which disliked the popularly elected president – the Times, in the most Orwellian fashion imaginable, literally celebrated the coup as a victory for democracy:
With yesterday’s resignation of President Hugo Chávez, Venezuelan democracy is no longer threatened by a would-be dictator. Mr. Chávez, a ruinous demagogue, stepped down after the military intervened and handed power to a respected business leader, Pedro Carmona.
Thankfully, said the NYT, democracy in Venezuela was no longer in danger . . . because the democratically-elected leader was forcibly removed by the military and replaced by an unelected, pro-U.S. “business leader.” The Champions of Democracy at the NYT then demanded a ruler more to their liking: “Venezuela urgently needs a leader with a strong democratic mandate to clean up the mess, encourage entrepreneurial freedom and slim down and professionalize the bureaucracy.”
More amazingly still, the Times editors told their readers that Chávez’s “removal was a purely Venezuelan affair,” even though it was quickly and predictably revealed that neocon officials in the Bush administration played a central role. Eleven years later, upon Chávez’s death, the Times editors admitted that “the Bush administration badly damaged Washington’s reputation throughout Latin America when it unwisely blessed a failed 2002 military coup attempt against Mr. Chávez” [the paper forgot to mention that it, too, blessed (and misled its readers about) that coup]. The editors then also acknowledged the rather significant facts that Chávez’s “redistributionist policies brought better living conditions to millions of poor Venezuelans” and “there is no denying his popularity among Venezuela’s impoverished majority.”
If you think The New York Times editorial page has learned any lessons from that debacle, you’d be mistaken. Today they published an editorialexpressing grave concern about the state of democracy in Latin America generally and Bolivia specifically. The proximate cause of this concern? The overwhelming election victory of Bolivian President Evo Morales (pictured above), who, as The Guardian put it, “is widely popular at home for a pragmatic economic stewardship that spread Bolivia’s natural gas and mineral wealth among the masses.”
The Times editors nonetheless see Morales’ election to a third term not as a vindication of democracy but as a threat to it, linking his election victory to the way in which “the strength of democratic values in the region has been undermined in past years by coups and electoral irregularities.” Even as they admit that “it is easy to see why many Bolivians would want to see Mr. Morales, the country’s first president with indigenous roots, remain at the helm” – because “during his tenure, the economy of the country, one of the least developed in the hemisphere, grew at a healthy rate, the level of inequality shrank and the number of people living in poverty dropped significantly” – they nonetheless chide Bolivia’s neighbors for endorsing his ongoing rule: “it is troubling that the stronger democracies in Latin America seem happy to condone it.”
The Editors depict their concern as grounded in the lengthy tenure of Morales as well as the democratically elected leaders of Ecuador and Venezuela: “perhaps the most disquieting trend is that protégés of Mr. Chávez seem inclined to emulate his reluctance to cede power.” But the real reason the NYT so vehemently dislikes these elected leaders and ironically views them as threats to “democracy” becomes crystal clear toward the end of the editorial (emphasis added):
This regional dynamic has been dismal for Washington’s influence in the region. In Venezuela, Bolivia and Ecuador, the new generation of caudillos [sic] have staked out anti-American policies and limited the scope of engagement on development, military cooperation and drug enforcement efforts. This has damaged the prospects for trade and security cooperation.
You can’t get much more blatant than that. The democratically elected leaders of these sovereign countries fail to submit to U.S. dictates, impede American imperialism, and subvert U.S. industry’s neoliberal designs on the region’s resources. Therefore, despite how popular they are with their own citizens and how much they’ve improved the lives of millions of their nations’ long-oppressed and impoverished minorities, they are depicted as grave threats to “democracy.”
It is, of course, true that democratically elected leaders are capable of authoritarian measures. It is, for instance, democratically elected U.S. leaders who imprison people without charges for years, build secret domestic spying systems, and even assert the power to assassinate their own citizens without due process. Elections are no guarantee against tyranny. There are legitimate criticisms to be made of each of these leaders with regard to domestic measures and civic freedoms, as there is for virtually every government on the planet.
But the very idea that the U.S. government and its media allies are motivated by those flaws is nothing short of laughable. Many of the U.S. government’s closest allies are the world’s worst regimes, beginning with the uniquely oppressive Saudi kingdom (which just yesterday sentenced a popular Shiite dissident to death) and the brutal military coup regime in Egypt, which, as my colleague Murtaza Hussain reports today, gets more popular in Washington as it becomes even more oppressive. And, of course, the U.S. supports Israel in every way imaginable even as its Secretary of State expressly recognizes the “apartheid” nature of its policy path.
Just as the NYT did with the Venezuelan coup regime of 2002, the U.S. government hails the Egyptian coup regime as saviors of democracy. That’s because “democracy” in U.S. discourse means: “serving U.S. interests” and “obeying U.S. dictates,” regardless how how the leaders gain and maintain power. Conversely, “tyranny” means “opposing the U.S. agenda” and “refusing U.S. commands,” no matter how fair and free the elections are that empower the government. The most tyrannical regimes are celebrated as long as they remain subservient, while the most popular and democratic governments are condemned as despots to the extent that they exercise independence.
To see how true that is, just imagine the orgies of denunciation that would rain down if a U.S. adversary (say, Iran, or Venezuela) rather than a key U.S. ally like Saudi Arabia had just sentenced a popular dissident to death. Instead, the NYT just weeks ago uncritically quotes an Emirates ambassador lauding Saudi Arabia as one of the region’s “moderate” allies because of its service to the U.S. bombing campaign in Syria. Meanwhile, the very popular, democratically elected leader of Bolivia is a grave menace to democratic values – because he’s “dismal for Washington’s influence in the region.”
Photo: Dean Mouhtaropoulos/Getty Images
Email the author: firstname.lastname@example.org
Noam Chomsky vs. Al Franken: Behind the odd progressive divide between senators, intellectuals on Gaza July 23, 2014Posted by rogerhollander in Democracy, Israel, Gaza & Middle East.
Tags: AL FRANKEN, brzezinski, david palumbo-liu, elizabeth warren, gaza, hamas, idf, israel, lindsay graham, netanyahu, News, Noam Chomsky, Palestine, progressives, roger hollander, u.s. senate
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Roger’s note: The United States Senate voted 100% to support the Israeli massacre in Gaza; apparently our senators have no problem with the massive attack on Gaza citizens, including women and children, who are hemmed in by the Israeli/Egyptian blockade and have nowhere to go. What does this have to say about electoral “democracy” in our capitalist world? Is this representative government? Even with the whoring corporate mainstream media blasting out the Big Lie narrative of Israeli victimhood, surely a significant percentage of Americans via alternative sources of information are aware of the illegal and immoral slaughter. Who represents them (us)? Note to “progressives” who see salvation in the candidacy of Bernie Sanders and Elizabeth Warren: these heroes have no problem with war crimes and the violation of international law, not to mention common decency. Where is Senator Wayne Morse when we need him?
WEDNESDAY, JUL 23, 2014 04:17 PM EDT
Senate progressives join unanimous resolution
backing Israel, but the reaction has been different
elsewhere on left
Very recently, former U.S. national security advisor Zbigniew Brzezinski had this to say about Israeli prime minister Benjamin Netanyahu’s brutal attack on and now invasion of Gaza: “He is isolating Israel. He’s endangering its longer-range future. And I think we ought to make it very clear that this is a course of action which we thoroughly disapprove and which we do not support and which may compel us and the rest of the international community to take some steps of legitimizing Palestinian aspirations perhaps in the U.N.”
While it is to be expected that not all of Washington would sign on to this, it is shocking to find the U.S. Senate voting unanimously for Senate Resolution 498, which gave U.S. support for the Israeli defense forces’ invasion and urges Palestinian Authority president Mahmoud Abbas to dissolve the unity governing arrangement with Hamas and condemn the attacks on Israel. The resolution calls on Hamas to immediately cease all rocket and other attacks against Israel.
Sen. Lindsay Graham, R-S.C., a co-sponsor of the resolution, was absolutely right when he said, “The United States Senate is in Israel’s camp.”
For many outside the U.S. Senate, the discovery that even progressive stalwarts such as Bernie Sanders, I-Vermont, Elizabeth Warren, D-Mass., and Al Franken, D-Minn., voted for the resolution is more than disappointing. It does more than confirm U.S. Senate support for Israel. It pushes that statement beyond any rational or ethical or moral framework imaginable.
The resolution not only gave the green light to the invasion—it gave the IDF a high-five and armaments as they crossed the intersection. All this after more than 400 civilians already had been killed by Israeli forces, the vast majority of them children. It was as if that bloodshed were not of a sufficient quantity.
The notion that the invasion would bring peace and calm is delusional. A people described by even David Cameron as living in a prison camp have no incentive to stop defending themselves from a full-scale military invasion. As one young person wrote from Gaza, “What do we have to lose?”
Tags: aumf, david barron, doj, drone memo, drone wars, eric holder, kill list, olc, presidential assassination, roger hollander, sarah lazare
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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.
Revealed: Gov’t Used Fusion Centers to Spy on Occupy May 23, 2014Posted by rogerhollander in Civil Liberties, Constitution, Criminal Justice, Democracy, Occupy Wall Street Movement.
Tags: #occupy movement, civil liberties, dissent, first amendment, fusion centers, Homeland Security, occupy, occupy wall street, politica protest, roger hollander, sarah lazare
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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’
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.”
Tags: #occupy movement, cecily mcmillan, Criminal Justice, ows, police brutality, roger hollander, sarah lazare, zuccotti
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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
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).“
Tags: cecily mcmillan, Criminal Justice, grantley bovell, occupy wall street, ows, police brutality, roger hollander, sarah lazare, sexual assault, zuccotti park
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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.’
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.
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:
Here Are New, Disturbing Pictures of the Arrest of Cecily McMillan http://gawker.com/here-are-new-disturbing-pictures-of-the-arrest-of-ceci-1572470447 … via @Gawker #OWS #Justice4CecilyRetweeted by Lavene.DerKat
Even the jurors themselves in the #Justice4Cecily case regret their decision. https://occupywallst.org/article/jury-regrets-convicting-cecily-mcmillan/ … pic.twitter.com/0s0RnFJQfBRetweeted by Mukha Kaloev
Cecily is the 99%, and we need to stand with her now. SIGN this petition to demand #Justice4Cecily: http://www.change.org/petitions/governor-andrew-cuomo-mayor-bill-deblasio-governor-cuomo-and-mayor-deblasio-pardon-cecily-mcmillan-now … #OWSRetweeted by Evelyn Hammid
RT @StopMotionsolo: An excellent article on the trial, the jurors, and its aftermath. #Justice4Cecily http://www.theguardian.com/world/2014/may/06/cecily-mcmillan-juror-occupy-activists-jail-sentence?CMP=twt_gu …Retweeted by Trent Engel
Jury Regrets Convicting OWS Protester Of Felony Assault Of An Officer http://gothamist.com/2014/05/06/jury_that_convicted_ows_protester_o.php# …. #Justice4Cecily“
Governor Cuomo and Mayor DeBlasio, Pardon Cecily McMillan NOW! http://www.change.org/petitions/governor-andrew-cuomo-mayor-bill-deblasio-governor-cuomo-and-mayor-deblasio-pardon-cecily-mcmillan-now?recruiter=91829256&utm_source=share_petition&utm_medium=twitter&utm_campaign=share_twitter_mobile … #Justice4Cecily
They made an example of #CecilyMcMillan: dissent will not be tolerated. http://truth-out.org/opinion/item/23526-cecily-mcmillan-verdict-proves-dissent-is-dangerous … @truthout #Justice4CecilyRetweeted by Janice Gintzler
Even the jurors themselves in the #Justice4Cecily case regret their decision. https://occupywallst.org/article/jury-regrets-convicting-cecily-mcmillan/ … pic.twitter.com/0s0RnFJQfBRetweeted by To The Starz
Even the jurors themselves in the #Justice4Cecily case regret their decision https://occupywallst.org/article/jury-regrets-convicting-cecily-mcmillan/ … pic.twitter.com/RJV5hHroXJRetweeted by Mike Flugennock
Banks pay fines. Occupiers do time. http://becausefinanceisboring.com/post/84944005414/cyrus-vance-why-jail-bankers-when-you-can-jail-bank … #Justice4CecilyRetweeted by Lee Wilson
They made an example of #CecilyMcMillan: dissent will not be tolerated. http://truth-out.org/opinion/item/23526-cecily-mcmillan-verdict-proves-dissent-is-dangerous … @truthout #Justice4CecilyRetweeted by Merton Gaudette
Jury Regrets Convicting OWS Protester Of Felony Assault Of An Officer http://gothamist.com/2014/05/06/jury_that_convicted_ows_protester_o.php# …. #Justice4Cecily pic.twitter.com/ILcMIPGXV1Retweeted by Kaye
Even the jurors themselves in the #Justice4Cecily case regret their decision. https://occupywallst.org/article/jury-regrets-convicting-cecily-mcmillan/ … pic.twitter.com/0s0RnFJQfBRetweeted by anoknps
Even the jurors themselves in the #Justice4Cecily case regret their decision https://occupywallst.org/article/jury-regrets-convicting-cecily-mcmillan/ … pic.twitter.com/RJV5hHroXJRetweeted by Zoe Alif
Banks pay fines. Occupiers do time. http://becausefinanceisboring.com/post/84944005414/cyrus-vance-why-jail-bankers-when-you-can-jail-bank … #Justice4CecilyRetweeted by Robert Campbell
Jury Regrets Convicting OWS Protester Of Felony Assault Of An Officer http://gothamist.com/2014/05/06/jury_that_convicted_ows_protester_o.php# …. #Justice4Cecily pic.twitter.com/ILcMIPGXV1Retweeted by Tommy Miles
Cecily is the 99%, and we need to stand with her now. SIGN this petition to demand #Justice4Cecily: http://www.change.org/petitions/governor-andrew-cuomo-mayor-bill-deblasio-governor-cuomo-and-mayor-deblasio-pardon-cecily-mcmillan-now … #OWSRetweeted by fr0g5
They made an example of #CecilyMcMillan: dissent will not be tolerated. http://truth-out.org/opinion/item/23526-cecily-mcmillan-verdict-proves-dissent-is-dangerous … @truthout #Justice4CecilyRetweeted by Robert Campbell
Even the jurors themselves in the #Justice4Cecily case regret their decision https://occupywallst.org/article/jury-regrets-convicting-cecily-mcmillan/ … pic.twitter.com/RJV5hHroXJRetweeted by UCanCallMeSOSA
Retweeted by W. Renee McEwan
Retweeted by Antti Rautiainen
Banks pay fines. Occupiers do time. http://becausefinanceisboring.com/post/84944005414/cyrus-vance-why-jail-bankers-when-you-can-jail-bank … #Justice4CecilyRetweeted by Occupy Network
Retweeted by Mary Clinton
Retweeted by Miro Collas
Jury Regrets Convicting #OWS Protester Of Felony Assault Of An Officer http://gothamist.com/2014/05/06/jury_that_convicted_ows_protester_o.php … via @gothamist #Justice4Cecily
An OWS activist was assaulted by a police officer. She’s being sent to Riker’s Island for it today. https://www.jacobinmag.com/2014/04/the-trial-of-cecily-mcmillan/ … #Justice4CecilyRetweeted by TheCitizen
RT @other98: Banks pay fines. Occupiers do time. http://becausefinanceisboring.com/post/84944005414/cyrus-vance-why-jail-bankers-when-you-can-jail-bank … #Justice4Cecily
“NYPD: “we get to sexually assault you, and if you don’t let us, we…” #Justice4Cecily #MyNYPD http://www.supernoder.com/newsium.php?ref=myNYPD …
Retweeted by mechan-onymous
Retweeted by Captain Swing
Jury Regrets Convicting OWS Protester Of Felony Assault Of An Officer http://gothamist.com/2014/05/06/jury_that_convicted_ows_protester_o.php# …. #Justice4Cecily pic.twitter.com/ILcMIPGXV1Retweeted by alexis goldstein
Retweeted by Melinda Coleman
Retweeted by Saysewahum
Nearly 2.5K ppl have signed this petition demanding #Justice4Cecily. You? http://www.change.org/petitions/governor-andrew-cuomo-mayor-bill-deblasio-governor-cuomo-and-mayor-deblasio-pardon-cecily-mcmillan-now …Retweeted by Liz Meldon
Retweeted by [allshiny]
A Thousand Words April 25, 2014Posted by rogerhollander in Democracy, Political Commentary.
Tags: Bill Clinton, democracy, g.w.h. bush, george wallace, mubarak, photo, political parties, politics, roger hollander
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Roger’s note: This photo taken at a BBQ in 1983 shows these Three Amigos: racist Alabama governor George Wallace; point man for the MIC and CIA, G.W.H. Bush; and future President and destroyer of what little was left of the progressive wing of the Democratic Party, Bill Clinton. Notice the smirk on Clinton’s face and the all around bonhomie. They’re having a great time (at whose expense?). It’s all one big happy family of Republicrats, united to screw ordinary Americans and the peoples of nations around the globe. American democracy in action. Eat up!
Here we see Bill having a belly-splitting laugh with his good friend and mentor, Egyptian Dictator Mubarak:
Inside the Brutality of Egypt’s New Regime: 2,500 Killed, 16,000 Political Prisoners, Torture Allegations Are Widespread April 23, 2014Posted by rogerhollander in Democracy, Egypt, Foreign Policy, Human Rights, Israel, Gaza & Middle East, Torture, Women.
Tags: civilian casualties, codepink, egypt, egypt coup, egypt dictatorship, egypt massacres, egyptian junta, human rights, kate chandley, kerry, medea benjamin, morsi, muslim brotherhood, roger hollander
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Roger’s note: just to document one more time that the United States doesn’t give a shit about democracy as long as a government is in alliance with its geopolitical objectives. Emperor Obama declared the Egyptian coup not to be a coup, and that is that. Egypt’s military government, led by a US trained general, probably as much or more brutal than the overthrown Mubarak regime, continues to support Israel and the isolation of Gaza in accord with US wishes. And “we wonder why they hate us.”
After a recent CODEPINK delegation to Egypt ended up in deportations and assault, we have become acutely aware of some of the horrors Egyptians are facing in the aftermath of the July 3 coup that toppled Muslim Brotherhood President Mohamed Morsi. Over 2,500 civilians have been killed in protests and clashes. Over 16,000 are in prison for their political beliefs and allegations of torture are widespread. Millions of people who voted for Morsi in elections that foreign monitors declared free and fair are now living in terror, as are secular opponents of the military regime, and the level of violence is unprecedented in Egypt’s modern history. With former Defense Minister Abdel Fatah al-Sisi set to become the next president in sham elections scheduled for May 26-27, the Egyptian military is trampling on the last vestiges of the grassroots uprising that won the hearts of the world community during the Arab Spring.
The most publicized case is the trial of the three Al Jazeera journalists and their co-defendants, charged with falsifying news and working with the Muslim Brotherhood. On April 10, there was a ludicrous update in the trial, when the prosecution came to courtpresenting a video that was supposed to be the basis of their case but consisted of family photos, trotting horses, and Somali refugees in Kenya. The judge dismissed the “evidence” but not the charges.
The high-profile case is just a taste of wide-ranging assault on free expression. The government has closed down numerous TV and print media affiliated with the Muslim Brotherhood and other Islamist currents. The Committee to Protect Journalists named Egypt the third deadliest countries for journalists in 2013, just behind Syria and Iraq.
An incident that shows how the judicial branch is now working hand-in-glove with the military is the horrific March 24 sentencing of 529 Morsi supporters to death in one mass trial. The entire group was charged with killing one police officer. The trial consisted of two sessions, each one lasting less than one hour. Secretary of State Kerry said that the sentence “defies logic” and Amnesty International called the ruling “grotesque.”
And if you think that a US passport entitles a prisoner to due process, look at the tragic case of 26-year-old Ohio State University graduate Mohamed Soltan. Soltan served as a citizen journalist, assisting English-speaking media in their coverage of the anti-coup sit-in at Rabaa Square that was violently raided by police and resulted in the death of over 1,000 people. In jail for over 7 months, Soltan has been on a hunger strike since January 26 and is now so weak he can’t walk. His situation in prison has been horrifying. When he was arrested, he had a wound from being shot that had not yet healed. Prison officials refused to treat him, so a fellow prisoner who was a doctor performed surgery with pliers on a dirty prison floor, with no anesthesia. His trial has been postponed several times, and there is no update on when it might actually take place. (Activists in the US are mobilizing on his behalf.)
Female activists also face dehumanizing experiences. In February, four women who were arrested for taking part in anti-military protests say they were subjected to virginity testswhile in custody–a practice that coup leader Abdel al-Sisi has supported. In addition to the horror of virginity tests, Amnesty International has also reported that women in prison in Egypt face harsh conditions, including being forced to sleep on the floor and not being allowed to use the bathroom for 10 hours from 10pm to 8am every day. Egyptian Women Against the Coup and the Arab Organisation for Human Rights has reported beatings and sexual harassment of female prisoners.
The internal crackdown may be getting worse, not better. New counter-terrorism legislationset to be approved by Egypt’s president would give the government increased powers to muzzle freedom of expression and imprison opponents. Two new draft laws violate the right to free expression, including penalties of up to three years’ imprisonment for verbally insulting a public employee or member of the security forces. They broaden the existing definition of terrorism to include actions aimed at damaging national unity, natural resources, monuments, communication systems, the national economy, or hindering the work of judicial bodies and diplomatic missions in Egypt. “The problem with these vaguely worded ‘terrorist offenses’ is that they potentially allow the authorities to bring a terrorism case against virtually any peaceful activist,” said Hassiba Hadj Sahraoui of Amnesty International.
The draft legislation also widens the scope for use of the death penalty to include “managing or administering a terrorist group.” The Muslim Brotherhood was labelled a terrorist group by the Egyptian authorities in December (though no factual evidence was provided that it is engaged in terrorist attacks).
The US government refuses to call Morsi’s overthrow a coup, and has continued to give Egypt $250 million in economic support, as well as funds for narcotics controls, law enforcement and military training. But the bulk of the foreign military funding of $1.3 billion has been suspended.
On March 12, Secretary of State Kerry indicated that he wanted to resume the aid and would decide “in the days ahead.” Egypt has long been one of the top recipients of US aid because of its peace treaty with Israel, its control over the Suez Canal and the close ties between the US and Egyptian militaries. To renew the funding, Kerry must certify that Egypt is meeting its commitment to a democratic transition and taking steps to govern democratically. The constitutional referendum was held January 14-15, but opponents werearrested for campaigning for a “no” vote. The May presidential election, taking place under such repressive conditions with the main opposition group banned, will certainly not be free and fair. The same can be said for the parliamentary elections that are expected to occur before the end of July.
“The question is no longer whether Egypt is on the road to democratic transition, but how much of its brute repression the US will paper over,” said Human Rights Watch Middle East Director Sarah Leah Whitson. “An accurate appraisal of Egypt’s record since the military-backed overthrow of President Morsi would conclude that, far from developing basic freedoms, the Egyptian authorities are doing the opposite.”
The Obama Administration should insist that political dissidents be released, laws restricting public assembly be lifted, the Muslim Brotherhood be declassified as a terrorist organization and allowed to participate in all aspects of public life, and criminal investigations be launched into the unlawful use of lethal force and abuse of detainees by security officials. Only when the Egyptian junta lifts its iron curtain should the US consider resuming military aid.