Vote to test corporate water rights

By Ann S. Kim, Staff Writer; published May 11 by the Portland (ME) Press-Herald

A key battle in Maine's ongoing war over water will be decided in Wells on Saturday.

Voters at a town meeting will decide whether theirs will become the latest community to ban water extraction by companies like Poland Spring.

Rather than trying to regulate water extraction, the ordinance takes a "rights-based" approach by asserting that ecosystems have rights to exist, flourish and evolve naturally in town. Wells and any of its residents would have standing to seek damages in court against any company that interfered with those rights.

Under the ordinance, corporations would have no constitutional rights within the town. The Supreme Court has found that corporations have some constitutional rights – such as a right to free speech and against government taking of property without due process – but not others, such as the right against self-incrimination.

Two other Maine towns – Shapleigh and Newfield – used such an approach to adopt similar measures this year. The neighboring towns acted after Poland Spring, a subsidiary of Nestle Waters North America, started the process to drill test wells in search of a potential new water source.

In Wells, the controversy stems from a proposed 30-year contract between Poland Spring and the Kennebunk, Kennebunkport and Wells Water District. Under that proposal – tabled indefinitely last summer because of a public outcry – the company would have been able to draw a maximum of 432,000 gallons a day from the Branch Brook aquifer. By comparison, the district's average daily water usage is about 2.8 million gallons, and peak use is about 7 million gallons a day.

The town attorney for Wells has advised selectmen that she believes the proposed rights-based ordinance violates federal and state constitutional principles, as well as state law and the town charter. Selectmen declined by a vote of 3-2 to put the ordinance on a town ballot, but supporters of the measure gathered enough petition signatures to force a town meeting.

The town's Ordinance Review Committee, meanwhile, is working on regulations for water extraction. A draft may be presented to selectmen May 27, said Bill Gosbee, the group's chairman.

The Pennsylvania-based Community Environmental Legal Defense Fund promotes the rights-based approach of the water ordinances and others dealing with issues ranging from sludge spreading to corporate agriculture to mining.

Regulatory schemes have failed to protect ecosystems and have instead helped "the corporate boys build a better permit," said Gail Darrell, the fund's community organizer in New England. A different view of nature – as something that must be able to preserve itself, rather than being plundered for profit – was needed, she said.

"If we treat nature as though it has rights, we can protect it," Darrell said. "So if a corporation understands, if it destroys nature, they have to fix it. They need to be responsible for the destruction."

Darrell questions why a corporation's goals should trump those of people when people are the source of governing power and corporations are only "creations of the state." She considers court decisions giving corporations constitutional rights "illegitimate."

"'Corporation' is not in our Constitution," she said.

While corporations are artificial legal entities, courts decide whether to treat them like people when it comes to constitutional rights, said H. Cabanne Howard, a University of Maine School of Law professor. No state or municipality has the authority to negate the rights that courts say corporations have, he said.

"You can't just pass a statute saying those decisions don't matter," he said.

Dave Owen, another Maine Law professor, said a local ordinance can't trump state law, which includes a regulatory scheme that allows the extraction of water by companies like Poland Spring, with certain limitations.

Owen, who specializes in environmental law, worked as a lawyer in California with environmental groups that tried to limit water extraction and with counties that defended groundwater management ordinances against constitutional challenges.

"The better approach, if this group is frustrated with that state scheme, would be to try to change it at the state level. Passing an inconsistent local ordinance would be only a symbolic act," Owen wrote in an e-mail message.

Leah Rachin, the attorney for Wells, says the ordinance would likely be found illegal in a challenge.

If the ordinance passes at the town meeting, she said, it could be challenged by a party that has standing, one that could point to a particular injury.

Selectmen would have the option to ask a court for a determination of the ordinance's legality, Rachin said.

Poland Spring would have no legal standing in Shapleigh or Newfield, where the company has no property or business operations, said Mark Dubois, the company's natural resource manager. More work has been done in Wells, he said, but it is too early to look into whether the company would have legal standing there.

In Pennsylvania, Belfast Township in Fulton County repealed its ban on corporate farming after the state attorney general's office took action.

The office targeted the ordinance, based on others by the Community Environmental Legal Defense Fund, because it tried to restrict activities allowed in the state constitution, said Nils Frederiksen, a spokesman for the office. Under a state law, the attorney general has the authority to challenge local ordinances that violate farming-related state laws.

Skip Clark of Wells, a supporter of the rights-based ordinance, worries that the water district could enter into a deal before residents fully understand the issue. In the meantime, he said, the rights-based ordinance offers protection.

"The courts decide it's not constitutional – that's no problem," he said. "It gains time for this entire issue to be thrashed out."

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Wall Street's 'Disaster Capitalism for Dummies': 14 reasons Main Street loses big while Wall Street sabotages democracy

by Paul B. Farrell, posted on MarketWatch on October 20

Yes, we're dummies. You. Me. All 300 million of us. Clueless. We should be ashamed. We're obsessed about the slogans and rituals of "democracy," distracted by the campaign, polls, debates, rhetoric, half-truths and outright lies. McCain? Obama? Sorry to pop your bubble folks, but it no longer matters who's president.

Why? The real "game changer" already happened. Democracy has been replaced by Wall Street's new "disaster capitalism." That's the big game-changer historians will remember about 2008, masterminded by Wall Street's ultimate "Trojan Horse," Hank Paulson. Imagine: Greed, arrogance and incompetence create a massive bubble, cost trillions, and still Wall Street comes out smelling like roses, richer and more powerful!

Yes, we're idiots: While distracted by the "illusion of democracy" in the endless campaign, Congress surrendered the powers we entrusted to it with very little fight. Congress simply handed over voting power and the keys to trillions in the Treasury to Wall Street's new "Disaster Capitalists" who now control "democracy."

Why did this happen? We're in denial, clueless wimps, that's why. We let it happen. In one generation America has been transformed from a democracy into a strange new form of government, "Disaster Capitalism." Here's how it happened:

Three decades of influence peddling in Washington has built an army of 42,000 special-interest lobbyists representing corporations and the wealthy. Today these lobbyists manipulate America's 537 elected officials with massive campaign contributions that fund candidates who vote their agenda.

This historic buildup accelerated under Reaganomics and went into hyperspeed under Bushonomics, both totally committed to a new disaster capitalism run privately by Wall Street and Corporate America. No-bid contracts in wars and hurricanes. A housing-credit bubble -- while secretly planning for a meltdown.

Finally, the coup de grace: Along came the housing-credit crisis, as planned. Press and public saw a negative, a crisis. Disaster capitalists saw a huge opportunity. Yes, opportunity for big bucks and control of America. Millions of homeowners and marginal banks suffered huge losses. Taxpayers stuck with trillions in debt. But giant banks emerge intact, stronger, with virtual control over government and the power to use taxpayers' funds. They're laughing at us idiots!

Amazing isn't it, Wall Street's Disaster Capitalists screwed up, likely planned or let happen this meltdown and recession. Yet America's clueless taxpayers just reward them by giving the screw-ups massive bailouts, control over more than $2 trillion of tax money, and the power to clean up the mess they made. Oh yes, we are dummies!
This end game was planned for years in secret war rooms on Wall Street, in Corporate America, in Washington and the Forbes 400. Democracy is too cumbersome. It had to be marginalized for Disaster Capitalism to take over. Reagan, Bush and Paulson were Wall Street's "Trojan Horses."

Naomi Klein summarizes the game in "Shock Doctrine: the Rise of Disaster Capitalism." This "new economy" generates enormous profits feeding off other peoples' misery: Wars, terror attacks, natural catastrophes, poverty, trade sanctions, subprime housing meltdowns and all kinds of economic, financial and political disasters. Natural (Katrina) or manmade (Iraq), either way "disaster capitalism" creates fortunes.

So you, me and the other 300 million better get out of denial. America is no longer a democracy. Voting is irrelevant. Best case scenario: We're a plutocracy, a government ruled by the wealthy, the richest 1%, the Forbes 400, the influential wealthy elite, while the other 99% are their "servants." Meanwhile, the inflation-adjusted income of wage-earners has declined for three decades.

Worst case scenario: America's no democracy and as a result of the meltdown and the surrender of our power to Wall Street's new Disaster Capitalism we are morphing into what one WWII dictator called "corporatism," a "merger of state and corporate power," kind of like what's going on now with Goldman Sachs' ex-boss as de facto president.

Wolves in sheep's clothing

Yes, a strong charge. But like a lot of our readers, I don't like what's happening to America. I'm a patriot. I volunteered for the Marines. Served four years. Volunteered for Korea. I don't like how our freedoms, rights and value system are being subverted in the name of greed, arrogance, self-righteous intolerance and other false gods.
We know for the last eight years disaster capitalists ignored obvious warnings of a coming meltdown. They apparently planned it. They road the bull, got very rich. Now they have the ultimate disaster capitalist weapons, trillions in tax money, virtual control of government.

That's why I fear we're on the edge of a dangerous line between Wall Street's version of disaster capitalism and a toxic "merger of state and corporate power." The wolf is in sheep's clothing. Wall Street pretends we're a democracy. Yet America more closely resembles the kind of "corporatism" that Laurence W. Britt wrote about five years ago in Free Inquiry magazine.

We adapted his historical analysis of 14 key traits for today's discussion. Notice how they have a huge impact your investments and retirement:

1. Wall Street rich get first priority
Think "bailout." Wall Street's greedy con game spins out of control globally. Millions of homeowners misled, lose. Who gets hundreds of billions first? Wall Street's con men.

2. National security obsession
Think of the expansion of executive powers in the name of national security: Preemptive wars, wiretapping private citizens, Gitmo, torture; driven by a dark wealthy neocon elite.

3. Superpower with massive military
Think of our $3 trillion Iraq/Afghan War. Disaster capitalists love the thrill of military power. We outspend all nations, over half the federal budget to strut before the world.

4. Extreme nationalism
Signs are everywhere: Flags, lapel pins, "support the troops" slogans, all to get huge military budgets passed. Challenge them and you're un-American and unpatriotic.

5. Rally the masses by scapegoating enemies
Think "axis of evil," mushroom clouds, "Islamofascists," more terrorist attacks on the homeland. Propaganda creates "enemies" in the public's mind and distracts from real issues.

6. Corruption and cronyism
Think earmarks, no-bid defense contracts, paid mercenaries outnumbering military in Iraq, superlobbyist Jack Abramoff, biofuels, bridge to nowhere, millions donated to campaigns.

7. Obsession with crime
Think of prison-building as just another investment opportunity, rather than focusing on reforming our criminal justice system. Stoke irrational fear of criminals and extremists.

8. Labor and low wages Think corporate earnings versus the wages paid to workers. No "trickling down," leaves more for tricklers: Rich insiders, stockholders. Wages dropping as CEO salaries skyrocket.


9. Contempt for human rights
Think of abuses of habeas corpus, loss of right to trial, bogus charges, plus "demonizing" the victims, all in the name of national defense and homeland security.

10. Mass media manipulation
Think of leaking false information, Joseph Wilson, Valerie Plame, Scooter Libby, Colin Powell's United Nation's testimony, Condoleezza Rice's mushroom clouds, WMDs, all to suppress the truth.

11. Obsession with sexism
Think of paternalism, antigays, antiabortion, subordinate women -- then codify the system as the law of the land reinforcing a male-dominated society, punish violators.

12. Disdain for intellectuals
Think of conservative intellectuals Francis Fukuyama and Bill Buckley. Contrast them to Sarah Palin and Joe Sixpack conservatism, Bush's funding cuts for arts and science education.

13. Religion in government
Think of all the faith-based programs versus antiscience in drug approvals, creationism vs. evolution, Ten Commandments enshrined in public buildings, public money to churches.

14. Fraudulent elections
Think of police and prosecutorial intimidation and threats to voters, challenging minority voters, ballots disappearing, party election officials committing outright fraud.

Yes, officially America is still a democracy. We have enough signs and rituals to support that illusion. But the truth is America has become a plutocracy run by and for the wealthy. And since Wall Street's Disaster Capitalism coup de grace, we are rapidly morphing into a dangerous new government.

For more, read Britt's original article.

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Steering Committee To Seek Prosecution of Bush For War Crimes

by Sherwood Ross, published on Yubanet, October 15

Massachusetts law school Dean Lawrence Velvel will chair a Steering Committee to pursue the prosecution for war crimes of President Bush and culpable high-ranking aides after they leave office Jan. 20th.

The Steering Committee was organized following a conference of leading legal authorities and scholars from the U.S. and abroad convened by Velvel on Sept. 13-14 in Andover, Mass., titled "The Justice Robert Jackson Conference On Planning For The Prosecution of High Level American War Criminals."

"If Bush, Vice President Dick Cheney, and others are not prosecuted," Velvel said, "the future could be threatened by additional examples of Executive lawlessness by leaders who need fear no personal consequences for their actions, including more illegal wars such as Iraq."

Besides Velvel, members of the Steering Committee include:

Ben Davis, a law Professor at the University of Toledo College of Law, where he teaches Public International Law and International Business Transactions. He is the author of numerous articles on international and related domestic law.

Marjorie Cohn, a law Professor at Thomas Jefferson School of Law in San Diego, Calif., and President of the National Lawyers Guild.

Chris Pyle, a Professor at Mount Holyoke College, where he teaches Constitutional law, Civil Liberties, Rights of Privacy, American Politics and American Political Thought, and is the author of many books and articles.

Elaine Scarry, the Walter M. Cabot Professor of Aesthetics and the General Theory of Value at Harvard University, and winner of the Truman Capote Award for Literary Criticism.

Peter Weiss, vice president of the Center For Constitutional Rights, of New York City, which was recently involved with war crimes complaints filed in Germany and Japan against former Defense Secretary Donald Rumsfeld and others.

David Swanson, author, activist and founder of AfterDowningStreet.org/CensureBush.org coalition, of Charlottesville, Va.

Kristina Borjesson, an award-winning print and broadcast journalist for more than twenty years and editor of two recent books on the media.

Colleen Costello, Staff Attorney of Human Rights, USA, of Washington, D.C., and coordinator of its efforts involving torture by the American government.

Valeria Gheorghiu, attorney for Workers' Rights Law Center.

Andy Worthington of Redress, a British historian and journalist and author of books dealing with human rights violations.

Initial actions considered by the Steering Committee, Velvel said, are as follows:

Seeking prosecutions of high level officials, including George Bush, for the crimes they committed.

Seeking disbarment of lawyers who were complicitous in facilitating torture.

Seeking termination from faculty positions of high officials who were complicitous in torture.

Issuing a recent statement saying any attempt by Bush to pardon himself and aides for war crimes prior to leaving office will result in efforts to obtain impeachment even after they leave office.

Convening a major conference on the state secret and executive privilege doctrines, which have been pushed to record levels during the Bush administration.

Designation of an Information Repository Coordinator to gather in one place all available information involving the Bush Administration's war crimes.

Possible impeachment of 9th Circuit Court of Appeals Judge Jay Bybee for co-authoring the infamous "torture memo."

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Army combat team assigned to domestic "civil unrest"

A member in Minneapolis brought this blog entry to our attention; with more than 800 people arrested during the recent Republican National Convention, including some 50 journalists, there's been a lot of local discussion about attacks on civil liberties by the authorities, and what the community response should be. Now it seems that future protesters may have to deal not only with city or county police, plus temps from the Department of Homeland Security, but our own military. Here's a clip from Democracy Now!:



Here's a link to the Army Times story, and commentary on CommonDreams.org by Glenn Greenwald. Greenwald notes:

For more than 100 years -- since the end of the Civil War -- deployment of the U.S. military inside the U.S. has been prohibited under The Posse Comitatus Act (the only exceptions being that the National Guard and Coast Guard are exempted, and use of the military on an emergency ad hoc basis is permitted, such as what happened after Hurricane Katrina). Though there have been some erosions of this prohibition over the last several decades (most perniciously to allow the use of the military to work with law enforcement agencies in the "War on Drugs"), the bright line ban on using the U.S. military as a standing law enforcement force inside the U.S. has been more or less honored -- until now. And as the Army Times notes, once this particular brigade completes its one-year assignment, "expectations are that another, as yet unnamed, active-duty brigade will take over and that the mission will be a permanent one."

Greenwald asks several questions: Where's the "small government" conservative and strict Constitutional fundamentalist outcry against this expansion of government power? And why now--weeks before an election and with the economy on the verge of a what could be an executive branch takeover?

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Naomi Wolf on Palin, the RNC police actions and the risks we face

This is not just another Palin hit piece, but important analysis, especially in light of the arrests of journalists at the Republican National Convention. Posted on Monday, September 22, on Naomi Wolf's blog at Huffington Post.

Please understand what you are looking at when you look at Sarah "Evita" Palin. You are looking at the designated muse of the coming American police state.

You have to understand how things work in a closing society in order to understand "Palin Power." A gang or cabal seizes power, usually with an affable, weak figurehead at the fore. Then they will hold elections -- but they will make sure that the election will be corrupted and that the next affable, weak figurehead is entirely in their control. Remember, Russia has Presidents; Russia holds elections. Dictators and gangs of thugs all over the world hold elections. It means nothing. When a cabal has seized power you can have elections and even presidents, but you [don't?] have freedom.

I realized early on with horror what I was seeing in Governor Palin: the continuation of the Rove-Cheney cabal, but this time without restraints. I heard her echo Bush 2000 soundbites ("the heart of America is on display") and realized Bush's speechwriters were writing her -- not McCain's -- speeches. I heard her tell George Bush's lies -- not McCain's -- to the American people, linking 9/11 to Iraq. I heard her make fun of Barack Obama for wanting to prevent the torture of prisoners -- this is Rove-Cheney's enthusiastic S and M, not McCain's, who, though he shamefully colluded in the 2006 Military Tribunals Act, is also a former prisoner of war and wrote an eloquent Newsweek piece in 2005 opposing torture. I saw that she was even styled by the same skillful stylist (neutral lipstick, matte makeup, dark colors) who turned Katharine Harris from a mall rat into a stateswoman and who styles all the women in the Bush orbit --but who does not bother to style Cindy McCain.

Then I saw and heard more. Palin is embracing lawlessness in defying Alaskan Legislature subpoenas --this is what Rove-Cheney, and not McCain, believe in doing. She uses mafia tactics against critics, like the police commissioner who was railroaded for opposing handguns in Alaskan battered women's shelters -- Rove's style, not McCain's. I realized what I was seeing.

Reports confirmed my suspicions: Palin, not McCain, is the FrankenBarbie of the Rove-Cheney cabal. The strategy became clear. Time magazine reported that Rove is "dialed in" to the McCain campaign. Rove's protégé Steve Schmidt is now campaign manager. And Politico reported that Rove was heavily involved in McCain's vice presidential selection. Finally a new report shows that there are dozens of Bush and Rove operatives surrounding Sarah Palin and orchestrating her every move.

What's the plan? It is this. McCain doesn't matter. Reputable dermatologists are discussing the fact that in simply actuarial terms, John McCain has a virulent and life-threatening form of skin cancer. It is the elephant in the room, but we must discuss the health of the candidates: doctors put survival rates for someone his age at two to four years. I believe the Rove-Cheney cabal is using Sarah Palin as a stalking horse, an Evita figure, to put a popular, populist face on the coming police state and be the talk show hostess for the end of elections as we know them. If McCain-Palin get in, this will be the last true American election. She will be working for Halliburton, KBR, Rove and Cheney into the foreseeable future -- for a decade perhaps -- a puppet "president" for the same people who have plundered our treasure, are now holding the US economy hostage and who murdered four thousand brave young men and women in a way of choice and lies.

How, you may ask, can I assert this? How can I argue, as I now do, that there is actually a war being ramped up against US citizens and our democracy and that Sarah Palin is the figurehead and muse for that war?

Look at the RNC. This is supposed to be McCain's America. But you see the unmistakable theatre of Rove's S and M imagery -- and you see stages eight, nine and ten of the steps to a dictatorship as I outlined them in The End of America. Preemptive arrest? Abusive arrest? "Newly released footage, which was buried to avoid confiscation, shows riot cops arresting and abusing a giant group of people for nothing."

Journalists were arrested -- for reporting. Amy Goodman and ABC producers were arrested. Jane Hamsher of Firedoglake and others were forced to lie face down as armed agents tied their hands behind their backs. The riot police wore the black S&M gear of the Rovian fantasy life and carried the four foot batons cops carry in North Korea. All this is not John McCain's imagery or strategy: it is Karl Rove's.

In McCain-Palin's America, citizens who are protesting are being charged as terrorists. This means that a violent war had been declared on American citizens. A well known reporter leaked to me on background that St Paul police had dressed as protesters and, dressed in Black -- shades of the Blackshirts of 1920 -- infiltrated protest groups. There were also phalanxes of men in black wearing balaclavas, linking arms and behaving menacingly -- alleged "anarchists." Let me tell you, I have been on the left for thirty years and you can't get three lefties to wear the same t-shirt to a rally, let alone link arms and wear identical face masks: these are not our guys. Agent Provocateurs framing protesters and calling protest "terrorism" constitutes step ten of a police state:

"In what appears to be the first use of criminal charges under the 2002 Minnesota version of the Federal Patriot Act, Ramsey County Prosecutors have formally charged 8 alleged leaders of the RNC Welcoming Committee with Conspiracy to Riot in Furtherance of Terrorism... [they] 7 1/2 years in prison under the terrorism enhancement charge which allows for a 50% increase in the maximum penalty."

"Paid, confidential informants... infiltrated the RNCWC on behalf of law enforcement. They allege that members of the group sought to kidnap delegates to the RNC, assault police officers with firebombs and explosives, and sabotage airports in St. Paul. Evidence released to date does not corroborate these allegations with physical evidence or provide any other evidence for these allegations than the claims of the informants. Based on past abuses of such informants by law enforcement, the National Lawyers Guild is concerned that such police informants have incentives to lie and exaggerate threats of violence and to also act as provocateurs in raising and urging support for acts of violence."

Under the Palin-Rove police state, you will see escalating infringements on your access to a free internet:

"Sarah Palin was baptized at Wasilla Assembly of God...Last Sunday our research team released a video, a ten-minute mini-documentary, focusing on the Wasilla Assemblies of God and the video seemed on the verge of a massive "viral" breakthrough when YouTube pulled it down, citing 'inappropriate content'. At the point the video was censored by YouTube it had been viewed by almost 160,000 people. The short of it is that YouTube has censored a video documentary that appeared to be close to having an effect on a hard fought and contentious American presidential election..."

Under the coming Palin-Rove police state, you will witness the plans now underway to bring Iraqi troops to patrol the streets of our nation. This is not McCain's fantasy: it is Rove's and Cheney's.

Under the Palin-Rove police state, there will be no further true elections. Mark Crispin Miller has done sensational and under-reported investigating to establish that -- as I warned -- indeed the GOP staffers on the US Senate Judiciary Committee have been [blog editor's note: this paragraph ends here on the HuffPo site].

The evidence is also buried on the Website of the Majority House Permanent Select Committee on Intelligence. [blog editor's note: this link, copied from the HuffPo site, goes to a .gif of a short horizontal line.]

WASHINGTON -- Republican staff members of the US Senate Judiciary Commitee infiltrated opposition computer files for a year, monitoring secret strategy memos and periodically passing on copies to the media, Senate officials told The Globe. >From the spring of 2002 until at least April 2003, members of the GOP committee staff exploited a computer glitch that allowed them to access restricted Democratic communications without a password. Trolling through hundreds of memos, they were able to read talking points and accounts of private meetings discussing which judicial nominees Democrats would fight -- and with what tactics.
-- "Senate panel's GOP staff spied on Democrats" By Charlie Savage, Globe Staff | January 22, 2004

Do you think that spying like this will ever end under a Palin-Rove regime? Dream on. If she and McCain are elected, then every single strategy memo and speech and debate prep note from every opposition candidate from now and on into forever will be read by the regime in power while it is still in the computers of the challengers.

Under the Palin-Rove police state, citizens will be targeted with state cyberterrorism. Bruce Fein of the American Freedom Agenda, a former Reagan official, warned me three years ago that the Bush team went after a Republican who had crossed them through cyberstalking: they messed with his email, messed with his phones and I believe messed with his bank account -- he became a cyber-pariah, unemployable and haunted. With modern technology, there really is less place to hide from the state than there was in East Germany in the Cold War era. I remember feeling a chill: of course. That is the wave of the future once we breach the protections around citizens of FISA and the fourth amendment. That way lies the abyss for us all.

Am I trying to scare you? I am. I am trying to scare you to death and ask you to scare your Republican and independent friends most of all. How do you know when it is war on citizens? When there are mass arrests, journalists are jailed, the opposition is infiltrated, rights are stripped and leaders start to ignore the rule of law.

Almost everyone I work with on projects related to this campaign for liberty has been experiencing computer harassment: emails are stripped, messages disappear. That's not all: people's bank accounts are being tampered with: wire transfers to banks vanish in midair. I personally keep opening bank accounts that are quickly corrupted by fraud. Money vanishes. Coworkers of mine have to keep opening new email accounts as old ones become infected. And most disturbingly to me personally is the mail tampering I have both heard of and experienced firsthand. My tax returns vanished from my mailbox. All my larger envelopes arrive ripped straight open apparently by hand. When I show the postman, he says "That's impossible." Horrifyingly to me is the impact on my family. My childrens' report cards are returned again and again though perfectly addressed; their invitations are turned back; and my daughters many letters from camp? Vanished. All of them. Not one arrived. Try explaining that to a smart thirteen year old. Try explaining it in a way that still makes her feel secure and comfortable.

I am not telling you this because it's about my life. I am telling you this because it is about your life -- whoever you are, Conservative or Liberal, independent or evangelical. Your politics will not protect you in a police state. History shows that nothing protects you in a police state. This is not about my fear and anxiety: it is about what awaits you and everyone you love unless you see this for what it is:

Scharansky divided nations into "fear societies" and "free societies." Make no mistake: Sarah "Evita" Palin is Rove and Cheney's cosmetic rebranding of their fascist push: she will help to establish a true and irreversible "fear society" in this once free once proud nation. For God's sake, do not let her; do not let them.

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‘Homegrown’ Suppression of Dissent

by Jules Boykoff

Published on Friday, November 30, 2007 by CommonDreams.org
http://www.commondreams.org/archive/2007/15/30/5526/

Last month the U.S. House of Representatives flew a stealth mission under the mainstream media’s radar, passing startling legislation that targets constitutionally protected political speech and paves a path for the government’s suppression of dissent.

The Violent Radicalization and Homegrown Terrorism Prevention Act of 2007 would establish a ten-member National Commission on the Prevention of Violent Radicalization and Homegrown Terrorism primarily comprised of Congress members. It would also give the Department of Homeland Security the power to create “a university-based Center of Excellence for the Study of Violent Radicalization and Homegrown Terrorism” to “study the social, criminal, political, psychological, and economic roots” of U.S.-based radicalization and terrorism.

Despite its overwhelming support in the House–where it passed 404 to 6–this law is severely problematic in three main ways.

First of all, it’s superfluous. We don’t need more laws against “violent radicalization” and “homegrown terrorism.” We already have plenty of legislation outlawing murder, conspiracy, arson, and other crimes that the government often associates with terrorism, not to mention wide-reaching terrorism laws like the USA PATRIOT Act, the Animal Enterprise Terrorism Act, and the Military Commissions Act, all of which can be applied to U.S. citizens.

As such, the bill is less an honest effort to combat actual terrorism than it is ideology-drenched window dressing designed to win political points and electoral votes.

Second, the measure takes aim at political speech that is protected under the First Amendment of the Constitution. Groups and individuals trying to further “political or social objectives” are explicitly the focus of the act, which brings up questions around the freedom of assembly.

From a judicial perspective, this bill is a constitutional challenge waiting to happen.

Sure the bill claims, “Any measure taken to prevent violent radicalization, homegrown terrorism, and ideologically based violence…should not violate the constitutional rights, civil rights, or civil liberties of United States citizens or lawful permanent residents.”

But given the actual text of the bill and the Bush administration’s penchant to engage in warrantless surveillance, this flimsy caveat assuring that dissent will not be suppressed is tantamount to saying “I don’t do cocaine, I just like the way it smells.”

Third, too often the bill employs alarmingly over-broad definitions. The bill states that “ideologically based violence” is “the use, planned use, or threatened use of force or violence by a group or individual to promote the group or individual’s political, religious, or social beliefs.”

It doesn’t take the imagination of an avant-garde poet to envision scenarios in which radical political dissidents could get sucked into the wide-swirling vortex of “ideologically based violence.”

What if protesters use their bodies during a direct action to take over an intersection or to block traffic, as anti-war activists in Olympia, Washington have done recently? Can this seriously be dubbed “homegrown terrorism”?

What about an anarchist who hurls a brick through a corporate window to make a political statement? Is this vandalism really “violent radicalization” or “homegrown terrorism”?

The bill also defines “violent radicalization” in part as “adopting or promoting an extremist belief system,” but what exactly is “an extremist belief system”? Anti-capitalism? Socialism? Anarchism? Neo-conservatism?

Even a cursory look backward through U.S. history reveals heroic figures who could be dubbed “violent radicals” or “homegrown terrorists” under the proposed bill, from U.S. revolutionaries like Sam Adams to gun-toting slavery abolitionists like John Brown to militant civil-rights organizers like Malcolm X and Martin Luther King, Jr.

Shortly after the American Revolution, Thomas Jefferson wrote in 1787, “What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance?” The Senate, which is currently considering a virtually identical version of the bill, would do well to resurrect “the spirit of resistance” and finally say no to the Bush administration’s persistent whittling of our civil liberties.

The House roll call vote demonstrates that this is not a partisan issue. The bill’s supporters were obviously bi-partisan, but it’s important to note that opposition to the bill was also bi-partisan, with three Democrats and three Republicans voting against it.

Unlike the media–who have performed a mums-the-word blackout on the bill–concerned citizens from the left, right, and center must oppose this legislation before the Senate slots it into law. We need a nonpartisan groundswell to stand up to this newest onslaught against our civil liberties, before it’s too late.

Jules Boykoff is the author of Beyond Bullets: The Suppression of Dissent in the United States (AK Press, 2007). He teaches political science at Pacific University in Oregon.

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Homegrown Terrorism Prevention Act Raises Fears of New Government Crackdown on Dissent

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Tuesday, November 20th, 2007
http://www.democracynow.org/article.pl?sid=07/11/20/1458214

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A little-noticed anti-terrorism bill quietly making its through Congress is raising fears of a new affront on activism and constitutional rights. The Violent Radicalization and Homegrown Terrorism Prevention Act was passed in an overwhelming 400 to six House vote last month. Critics say it could herald a new government crackdown on dissident activity under the guise of fighting terrorism. [includes rush transcript]

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A little-noticed anti-terrorism bill quietly making its through Congress is raising fears of a new affront on activism and constitutional rights. The Violent Radicalization and Homegrown Terrorism Prevention Act was passed in an overwhelming 400 to six House vote last month. Critics say it could herald a new government crackdown on dissident activity and infiltration of universities under the guise of fighting terrorism. The bill would establish two government-appointed bodies to study, monitor and propose ways of curbing what it calls homegrown terrorism and extremism in the United States. The first body, a National Commission, would convene for eighteen months. A university-based "Center for Excellence" would follow, bringing together academic specialists to recommend laws and other measures.

Critics say the bill's definition of "extremism" and "terrorism" is too vague and its mandate even more broad. Under a false veil of expertise and independence, the government-appointed commissions could be used as ideological cover to push through harsher laws.

Following last month's approval in the House, the Senate version is expected to go before the Judiciary Committee this week.

• Jessica Lee, reporter for the Indypendent, published by the NYC Indymedia Center. Her latest article is called "Bringing the War on Terrorism Home: Congress Considers How to 'Disrupt' Radical Movements in the United States"
• Kamau Karl Franklin, Racial Justice Fellow at the NY-based Center for Constitutional Rights. He is also co-chair of the National Conference of Black Lawyers and serves on the Executive Committee of the National Lawyers Guild.

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AMY GOODMAN: A little-noticed anti-terrorism bill, quietly making its way through Congress is raising fears of the new affront on activism and constitutional rights. The Violent Radicalization and Homegrown Terrorism Prevention Act was passed in an overwhelming 400-6 House vote last month. Critics say it could herald a new government crackdown on dissent and infiltration of universities under the guise of fighting terrorism. The bill would establish two government-appointed bodies to study, monitor, and propose ways of curbing what it calls homegrown terrorism and extremism in the United States. The first body, a national commission, would convene for 18 months. The university-based "Center for Excellence" would follow, bringing together academic specialists to recommend laws and other measures. Critics say the definition of extremism and terrorism is too vague and its mandate even more broad. Under a false veil of expertise and independence, they say, the government-appointed commissions could be used as ideological cover to push through harsher laws. Following last month's approval in the House, the Senate version is expected to go before the Judiciary Committee this week. Two guests join us now in the Firehouse studio. Kamau Franklin is an attorney with the Center for Constitutional Rights. CCR has been closely following the measure. And Jessica Lee with us. She’s a journalist with the Indypendent, put out by the New York Indymedia Center. She has an extensive piece in the latest issue of the Indypendent. Its called "Bringing The War On Terrorism Home: Congress Considers How To 'Disrupt' Radical Movements In The United States." Jessica, let’s begin with you. Lay out what this bill is.

JESSICA LEE: Thank you for having me. When I first heard about this, I immediately did a Google news search and was alarmed to find that no media was talking about it whatsoever. So I looked into the bill and are two things that immediately jumped out of me. The first was that there is a broad use of definitions and the second is, who would they study? What does this mean? I would first like to point out the two definitions that many people I interviewed had problems with. And if you wouldnt mind me just reading them. The first is “violent radicalization”. This term means “the process of adapting or promoting an extremist belief system for the purpose of facilitating ideologically-based violence to advance political, religious, or social change”. Many people I interviewed were very concerned about this. The second definition, which is “homegrown terrorism”, talks about the planned use, threatened use, of force or violence by a group to intimidate or coerce the government of the United States. When you think about these definitions, what does that mean? When you look at the activism going on today, is there planned use of force or coercion going on? When you look at what is going on in Olympia, with individuals sitting down and blocking war shipments. When you look at Code Pink going into Congress and disrupting activities. Could this be included in this definition? And that’s what I went out to try to find my article.

AMY GOODMAN: Kamau Franklin, your concerns?

KAMAU FRANKLIN: Somewhere, as Jessica stated, the broad definitions allow for new laws that can be passed. that can basically equate social justice activism and civil disobedience to terrorism in some ways. So in the past if someone got charged for blocking the street, there were charged with disorderly conduct, or obstruction of governmental administration. Now, after this commission is done, if new laws are passed, with the broadness of the definitions, the Feds can now say “well, wait a minute, you threatened the use of violence or threatened the use of force. And that by itself can mean that we can now charge you with federal terrorist crimes because we do not agree with the type of demonstration that you were doing, we don’t agree with the point of view that you were having”. So its the broad based-ness, the breadth, the scope of the inquiry, which is really threatening for potential activists, people concerned with social justice issues and civil libertarians, something people should really be concerned about.

AMY GOODMAN: Talk about the groups you see.

KAMAU KARL FRANKLIN: Well, I see groups as folks that are come out against the globalization, anti-globalization activists, social justice activists, animal rights activists. I think the breadth is [extounding] in terms of what can be covered. I dont think theres any limits placed on who can be targeted by this particular act. I think certain groups have already been singled out, like folks that are fighting against some of the globalization measures that are happening. And I think that is really going to be scary. Because The the sponsors of this bill are really targeting this sect more than targeting anything else.

AMY GOODMAN: Talk about the groups, Jessica. In particular, you’ve mentioned, for example, Critical Mass, the cycling movement all over the country.

JESSICA LEE: Right. When I started to look into this bill, what I found was a great influence by the Rand Corporation, which is a government affiliated think tank. Twice, Brian Michael Jenkins, who is an expert on terrorism, gave testimony in the House on this bill.

AMY GOODMAN: He is from the Rand Corporation.

JESSICA LEE: He is from the Rand, yes. They largely tried to push this bill through on this idea there are these extreme political Islamists in our country and they did not do a very good job stating the actual threat. But when you look through the Rand Corporation's other reports in 2005, they had a report called “Trends in Terrorism”. And they had one chapter called “Homegrown Terrorism Threats”. When you look in that chapter, there’s nothing about political Islamists. In fact, its all about anti- globalization people on the right and left side of the spectrum. The animal rights and the environmental movements; and anarchists. And to me I found that very interesting that that testimony was not mentioned at all when this bill was passed. That this legislation is not just gonna look at so-called violent, religious people, but also people who have been very strong opinions against this administration.

AMY GOODMAN: In terms of the Rand Corporation, it was Daniel Ellsburg who worked for the Rand Corporation, when he have that many thousands of pages on the history of the Vietnam war and the Pentagon papers. So Rand is the key -- what would you say, writer of the bill? And the Congressmember who’s most involved in this?

JESSICA LEE: Representative Jane Harmon, a Democrat from California, has had a lengthy relationship with the Rand Corporation. I called several times to get comment from the Rand Corporation, they said that their experts are out of town and unavailable due to the holidays. So I did not find out if they indeed did write the bill themselves. What we do know is that have a great influence and that they have had in the past.

KAMAU FRANKLIN: I just wanted to add to the Rand comment, particularly with Brian Michael Jenkins, supposed terrorist expert who’s mainly known according to Rand as someone who helped the United States in counter-insurgency measures in Vietnam, which is one of his claims to fame. In addition to that, he wrote a book and in his own book, I just want to quote that says "in their international campaign, the Jihadist will seek common ground with leftist, anti-American and anti-globalization forces who will in turn seek radical Islam comrades against a mutual foe." So I think what Jessica’s talking about, is that, the breadth of it is not focused in on supposed terrorists who are threatening the United States, but folks who have real concerns about where this country is heading, folks who express dissent in various different ways including demonstrations and marches. These are the folks who this bill potentially good target.

AMY GOODMAN: The Baltimore Sun has a column called "Here Comes the Thought Police."

KAMAU FRANKLIN: I think they’re saying “thought” because one of the important aspects of this bill, also, is to – it concentrates on the internet as a place where terrorist rhetoric or ideas have been coming across into the United States and to American citizens. If, once again, this bill reaches to become a law and that study is done, who is to say that now after the study is done, the recommendations wont get made to say “lets curb how the internet is being used, lets put filters on what gets to come into the country”. You spoke a little bit about al- Jazeera. Imagine after they take a look at this and how al-Jazeera is viewed, one particular area well say “let's stop that” – I mean they stopped that from coming in over a cable – but, “let’s stop that from coming from the internet”. That could be happening to thousands of web sites in the near future.

AMY GOODMAN: And local, federal cooperation among police, Kamau?

KAMAU FRANKLIN: Theres a New York study that was done that also was a basis for some of where this bill came from. These type of operations go hand-in-hand with of course, joint task force. So we truly would expect when they go around and seek out experts and they talk to folks that it would be talking to local police officials and looking for ways in which they can work together on this, where the local officials can seek federal funding and they will come out and try to use this and say “let's target these particular groups in our area that we know about”. Once again, no basis for terrorism, but “they’ve been dissenters, they have their internet sites reviewed and we dont like those”.

AMY GOODMAN: Jessica Lee, the Violent Radicalization and Homegrown Terrorism Prevention Act was passed in the house 400-6. That is a very big margin.

JESSICA LEE: Correct. It was actually passed under what is called the “Suspension of the Rules”, which is a provision the House uses to pass bills very quickly and these are usually bills deemed uncontroversial and do not need more debate. So we saw a quick vote. Six people voted against. One was presidential candidate Dennis Kucinich. He was unavailable for comment unfortunately. So what we're seeing not only the Republican congress giving the Bush administration swath of powers to confront the war on terrorism, but we are also seeing the democratically-led congress also extending these powers.

AMY GOODMAN: Talk about the Center for Excellence.

JESSICA LEE: It would be one of the – there’s already eight in existence, under the Department of Homeland Securityg, and they’re based in universities, they bring scholars together from around the country, that are “experts” in a bunch of different fields to study a particular thing. This is someone who would want to study the moment in which somebody who is a radical or extremist will turn from being peaceful, having those beliefs which are protected under the First Amendment, to when they might become violent. I found it very interesting because if you want to study the moment in which somebody is going to turn violent, don't you need to study them before they turned violent? If so, aren’t you studying First Amendment beliefs? I talked to a couple of scholars who study this type of thing. One is Braun Taylor who has studied the radical environmental movement for about 15 years, and he says if you really want to understand this stuff, you have to go into the field, make human interactions, build trust, and you have to talk to them. It takes a long time. These people are very wary to talk to academics in the first place. So we are seeing the Center of Excellence that is supposed to bring people together to study these very people that are skeptical of academics. Another interesting thing, the national commission which has mandated to produce three reports, each six months apart. The first report is supposed to come out after six months. How in the world can they possibly study these very complex issues? They want to study the social, criminal, political, psychological and economic roots of terrorism. How are they supposed to study this in six months and come up with these recommendations, which in fact, are going to be used to prevent, disrupt and mitigate domestic terrorism in six months?

AMY GOODMAN: Kamau Franklin, Center for Constitutional Rights, what are you doing about this?

KAMAU FRANKLIN: On our website, we have a lot more information about what this bill is. In fact, we have the different versions for people to start to view. We’re gonna call for some actions in the next couple of weeks. We probably agree that at this stage the Senate is also going to pass their version of the bill. What is really going to happen, where the fight’s really gonna start to take place is in the forming of this commission, watching this commission, responding to its inquiries. In fact, doing demonstrations against this commission. We think that is where the real fight will be now is in the grassroots who are gonna have to come out and really talk about how they think this commission will not really study terrorism but will study them. We want to provide as much information as we can on who should be the target of some of this work that will have to be done. So when people go to the website ccrjustice.org, they’ll start to find this information. In the next couple of weeks, we’ll rally start to target and hone in on who should be thought about.

AMY GOODMAN: Kamau Karl Franklin, Center for Constitutional Rights and Jessica Lee, journalist for the Indypendent. Thank you for being with us. This is democracy now!, democracynow.org, the war and peace report. I'm amy Goodman. When we come back, I will be joined by Marcel Khalife the Marcel.

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