Civil Liberties

Gearing up for war

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joe@sfbg.com

A tear gas canister explodes as citizens flee from the gun-toting warriors, safely guarded behind their armored vehicles. Dressed in patterned camo and body armor, they form a skirmish line as they fire projectiles into the crowd. Flash bang explosions echo down the city’s streets.

Such clashes between police and protesters have been common in Ferguson, Mo., in the past few weeks since the death of Michael Brown, an unarmed black teenager killed by a police officer. But it’s also a scene familiar to anyone from Occupy Oakland, where Iraq veteran Scott Olsen suffered permanent brain damage after police shot a less-than-lethal weapon into his head, or similar standoffs in other cities.

police embed 1As the country watched Ferguson police mobilize against its citizens while donning military fatigues and body armor and driving in armored vehicles, many began drawing comparisons to soldiers in Iraq or Afghanistan — indeed, viral photos featuring side-by-side comparisons made it difficult to distinguish peace officers from wartime soldiers.

So how did law enforcement officers in police departments across the country come to resemble the military? And what impact is that escalation of armaments having on otherwise peaceful demonstrations? Some experts say the militarization of police actually encourages violence.

Since the ’90s, the federal Department of Defense has served as a gun-running Santa Claus for the country’s local police departments. Military surplus left over from wars in the Middle East are now hand-me-downs for local police across the country, including here in the Bay Area.

A grenade launcher, armored command vehicles, camera-mounted SWAT robots, mounted helicopter weapons, and military grade body armor — these are just some of the weapons and equipment obtained by San Francisco law enforcement agencies since the ’90s. They come from two main sources: the Department of Defense Excess Property Program, also known as the 1033 loan program, and a multitude of federal grants used to purchase military equipment and vehicles.

A recent report from the American Civil Liberties Union, “The War Comes Home: The Excessive Militarization of American Policing,” slammed the practice of arming local police with military gear. ACLU spokesperson Will Matthews told us the problem is stark in the Bay Area.

“There was no more profound example of this than [the response to] Occupy,” he told the Guardian. He said that military gear “serves usually only to escalate tensions, where the real goal of police is to de-escalate tension.”

The ACLU, National Lawyers Guild, and others are calling for less provocative weaponry in response to peaceful demonstrations, as well as more data to track the activities of SWAT teams that regularly use weaponry from the military.

The call for change comes as a growing body of research shows the cycle of police violence often begins not with a raised baton, but with the military-style armor and vehicles that police confront their communities with.

 

PREPARING FOR BATTLE

What motivation does the federal government have to arm local police? Ex-Los Angeles Police Department Deputy Chief Stephen Downing told the Guardian, “I put this at the feet of the drug war.”

The initial round of funding in the ’90s was spurred by the federal government’s so-called War on Drugs, he said, and the argument that police needed weaponry to match well-armed gangs trafficking in narcotics. That justification was referenced in the ACLU’s report.

After 9/11, the desire to protect against unknown terrorist threats also spurred the militarization of police, providing a rationale for the change, whether or not it was ever justified. But a problem arises when local police start to use the tactics and gear the military uses, Downing told us.

When the LAPD officials first formed military-like SWAT teams, he said, “they always kept uppermost in their mind the police mission versus the military mission. The military has an enemy. A police officer, who is a peace officer, has no enemies.”

“The military aims to kill,” he said, “and the police officer aims to preserve life.”

And when police departments have lots of cool new toys, there is a tendency to want to use them.

When we contacted the SFPD for this story, spokesperson Albie Esparza told us, “Chief [Greg Suhr] will be the only one to speak in regards to this. He is not available for the next week or two. You may try afterwards.”

 

“CRAIGSLIST OF MILITARY EQUIPMENT”

Local law enforcement agencies looking to gear up have two ways to do it: One is free and the other is low-cost. The first of those methods has been heavily covered by national news outlets following the Ferguson protests: the Department of Defense’s 1033 loan program.

The program permanently loans gear from the federal government, with strings attached. For instance, local police can’t resell any weapons they’re given.

To get the gear, first an agency must apply for it through the national Defense Logistics Agency in Fort Belvoir, Va. In California, the Governor’s Office of Emergency Services is the go-between when local police file grant applications to the DLA.

The bar to apply is low. A New Hampshire law enforcement agency applied for an armored vehicle by citing that community’s Pumpkin Festival as a possible terrorism target, according to the ACLU’s report. But the report shows such gear is more likely to be used against protestors or drug dealers than festival-targeting terrorists.

“It’s like the Craigslist of military equipment, only the people getting this stuff are law enforcement agencies,” Kelly Huston, a spokesperson of OEMS, told the Guardian. “They don’t have to pay for this equipment, they just have to come get it.”

Troublingly, where and why the gear goes to local law enforcement is not tracked in a database at the state level. The Guardian made a public records requests of the SFPD and the OEMS, which have yet to be fulfilled. Huston told us the OEMS is slammed with records requests for this information.

“The majority of the documents we have are paper in boxes,” Huston told us, describing the agency’s problem with a rapid response. “This is not an automated system.”

The Guardian obtained federal grant data through 2011 from the OEMS, but with a caveat: Some of the grants only describe San Francisco County, and not the specific agency that requested equipment.

Some data of police gear requested under the 1033 loan program up to 2011 is available thanks to records requests from California Watch. The New York Times obtained more recent 1033 loan requests for the entire country, but it does not delineate specific agencies, only states.

Available data shows equipment requested by local law enforcement, which gravitates from the benign to the frightening.

 

TOYS FOR COPS

An Armament Subsystem is one of the first weapons listed in the 1033 data, ordered by the SFPD in 1996. This can describe mounted machine guns for helicopters (though the SFPD informed us it has since disbanded its aero-unit). From 1995 to 1997, the SFPD ordered over 100 sets of fragmentation body armor valued at $45,000, all obtained for free. In 1996, the SFPD also ordered one grenade launcher, valued at $2,007.

Why would the SFPD need a grenade launcher in an urban setting? Chief Suhr wouldn’t answer that question, but Downing told us it was troubling.

“It’s a pretty serious piece of military hardware,” he said. “I’ll tell you a tiny, quick story. One of the first big deployments of SWAT (in Los Angeles) was the Black Panthers in the ’60s. They were holed up in a building, well armed and we knew they had a lot of weapons in there,” he said. “They barricaded the place with sandbags. Several people were wounded in the shooting, as I recall. The officers with military experience said the only way we’ll breach those sandbags and doors is with a grenade launcher.”

In those days, they didn’t have a grenade launcher at the ready, and had to go through a maze of official channels to get one.

“They had to go through the Governor’s Office to the Pentagon, and then to Camp Pendleton to get the grenade launcher,” Downing told us. “[The acting LAPD chief] said at the time, ‘Let’s go ahead and ask for it.’ It was a tough decision, because it was using military equipment against our citizens.”

But the chief never had to use the grenade launcher, Downing said. “They resolved the situation before needing it, and we said ‘thank god.'”

The grenade launcher was the most extreme of the equipment procured by local law enforcement, but there were also helicopter parts, gun sights, and multitudes of armored vehicles, like those seen in Ferguson.

By contrast, the grants programs are harder to track specifically to the SFPD, but instead encompass funds given to the San Francisco Municipal Transportation Agency, the Sheriff’s Department, and even some schools. That’s because the grants cover not only allow the purchase of military surplus vehicles and riot gear, but also chemical protective suits and disaster-related supplies.

But much of the requested gear and training has more to do with active police work than emergency response.

San Francisco County agencies used federal loans to purchase $113,000 “command vehicles” (which are often armored). In 2010, the SFPD purchased a $5,000 SWAT robot (which often comes equipped with cameras and a remote control), as well as $15,000 in Battle Dress Uniforms, and $48,000 for a Mobile Communications Command Vehicle.

In 2008, the SFPD ordered a Bearcat Military Counterattack Vehicle for $306,000.

The Lenco website, which manufactures Bearcats, says it “may also be equipped with our optional Mechanical Rotating Turret with Cupola (Tub) and Weapon Ready Mounting System, suitable for the M60, 240B and Mark 19 weapons system.”

Its essentially an armored Humvee that can be mounted with rotating gun turrets.

police embed 2

Department of Homeland Security grants were used to purchase Type 2 Mobile Field Training, which Department of Homeland Security documentation describes as involving eight grenadiers, two counter-snipers, two prisoner transportation vans, and 14 patrol vehicles.

All told, the Bay Area’s many agencies were awarded more than $386 million in federal grants between 2008 and 2011, with San Francisco netting $48 million of those rewards. Through the 1033 loan program, San Francisco obtained over $1.4 million in federal surplus gear from 1995 to 2011.

But much of that was received under the radar, and with little oversight.

“Anytime they’re going to file for this equipment, we think the police should hold a public hearing,” Matthews, the ACLU spokesperson, told us.

In San Francisco, there is a public hearing for the procurement of military weapons, at the Police Commission. But a Guardian analysis of agenda documents from the commission shows these hearings are often held after the equipment has already been ordered.

Squeezed between a “status report” and “routine administrative business,” a March 2010 agenda from the commission shows a request to “retroactively accept and expend a grant in the amount of $1,000,000.00 from the U.S. Department of Justice.”

This is not a new trend. In 2007, the Police Commission retroactively approved three separate grants totaling over $2 million in funding from the federal government through the OEMS, which was then called the Emergency Management Agency.

Police Commission President Anthony Mazzucco did not respond to the Guardian’s emails requesting an interview before our press time, but one thing is clear: The SFPD requests federal grants for military surplus, then sometimes asks the Police Commission to approve the funding after the fact.

Many are already critiquing this call to arms, saying violent gear begets violent behavior.

 

PROVOCATIVE GEAR

A UC Berkeley sociologist, with his small but driven team and an army of automatic computer programs, are now combing more than 8,000 news articles on the Occupy movement in search of a pattern: What causes police violence against protesters, and protester violence against police?

Nicholas Adams and his team, Deciding Force, already have a number of findings.

“The police have an incredible ability to set the tone for reactions,” Adams told us. “Showing up in riot gear drastically increases the chances of violence from protesters. The use of skirmish lines also increases chances of violence.”

Adams’s research uses what he calls a “buffet of information” provided by the Occupy movement, allowing him to study over 200 cities’ police responses to protesters. Often, as in Ferguson, protesters were met by police donned in equipment and gear resembling wartime soldiers.

Rachel Lederman is a warrior in her own right. An attorney in San Francisco litigating against police for over 20 years, and now the president of the National Lawyers Guild Bay Area chapter, she’s long waged legal war against police violence.

Lederman is quick to note that the SFPD in recent years has been much less aggressive than the Oakland Police Department, which injured her client, Scott Olsen, in an Occupy protest three years ago.

“If you compare OPD with the San Francisco Police on the other side of the bay,” she told us, “the SFPD do have some impact munitions they bring at demonstrations, but they’ve never used them.”

Much of this is due to the SFPD’s vast experience in ensuring free speech, an SFPD spokesperson told us. San Francisco is a town that knows protests, so the SFPD understands how to peacefully negotiate with different parties beforehand to ensure a minimum of hassle, hence the more peaceful reaction to Occupy San Francisco.

Conversely, in Oakland, the Occupy movement was met by a hellfire of tear gas and flash bang grenades. Protesters vomited into the sidewalk from the fumes as others bled from rubber bullet wounds.

But some protesters the Guardian talked to noted that the night SFPD officers marched on Occupy San Francisco, members of the city’s Board of Supervisors and other prominent allies stood between Occupiers and police, calling for peace. We may never know what tactics the SFPD would have used to oust the protesters without that intervention.

As Lederman pointed out, the SFPD has used reactive tactics in other protests since.

“We’ve had some problems with SFPD recently, so I’m reluctant to totally praise them,” she said, recalling a recent incident where SFPD and City College police pepper-sprayed one student protester, and allegedly broke the wrists and concussed another. Photos of this student, Otto Pippenger, show a black eye and many bruises.

In San Francisco, a city where protesting is as common as the pigeons, that is especially distressing.

“It’s an essential part of democracy for people to be able to demonstrate in the street,” Lederman said. “If police have access to tanks, and tear gas and dogs, it threatens the essential fabric of democracy.”

Alerts: August 6 – 12, 2014

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THURSDAY 7

 

The Harvey Milk LGBT Democratic Club’s 2014 Dinner and Gayla

City College of San Francisco’s Mission Campus, 1125 Valencia, SF. milkdinner.eventbrite.com. 6-9pm, $40 and up. Join the Harvey Milk LGBT Democratic Club to celebrate 38 years of progressive politics in San Francisco and proudly honor our City College champions. Honorees include Congresswoman Jackie Speier, City Attorney Dennis Herrera, City College Trustee Rafael Mandelman, Student Trustee Shanell Williams, Former President AFT 2121 Alisa Messer, and Keynote Speaker and Bayard Rustin Civil Rights Award Recipient CeCe McDonald. Enjoy dinner by City College culinary program graduates and celebrate a host of other Milk Club honorees.

 

Rally for Affordability

San Francisco City Hall, SF. 2-3:30pm. Youth Movement of Justice Organizing (aka YouthMOJO) is a youth program of the Chinese Progressive Association that collected over 800 pledge cards in support of a campaign to fight for the $15 minimum wage, and the anti-speculation tax. At this rally, members will share stories about their families’ struggles to live in San Francisco. Featuring guerilla theater performances, and more.

 

FRIDAY 8

 

Book Talk with Tony Serra

Book Passage, San Francisco Ferry Building #42, SF. 6pm, free. Tony Serra, a sometimes resident of Bolinas who’s been in the news recently for defending Raymond “Shrimp Boy” Chow against the federal government, will talk about his latest book, Tony Serra — The Green, Yellow and Purple Years in the Life of a Radical Lawyer, at an event sponsored by Marin’s Book Passage (at its San Francisco location). This work is billed as “a chromatic, metaphoric autobiography” of Serra’s defense of the Black Panthers, S.L.A., New World Liberation Front, Nuestra Familia, Earth First, Hells Angels, Mafia and Native Americans, intertwined with his anti-establishment ideology. “Forgive my romanticized and self-indulgent propositions in the forthcoming pages,” Serra says of the book. “Recall that such were written at Lompoc Federal Prison camp during my incarceration for U.S. tax resistance. … Mine is not a quest for accuracy. Mine is a flight into whimsy and caprice, a retrospective twinkle in the eyes of memory: In short, confinement escapism.”

 

SUNDAY 10

 

Bay Area Civil Liberties Coalition Meeting & Documentary Screening

First Unitarian Universalist Center Chapel, 1187 Franklin, SF. bayareacivilliberties.org. 6-9pm, free. This meeting of the Bay Area Civil Liberties Coalition includes a free screening of the documentary “The Internet’s Own Boy,” the story of “programming prodigy and information activist” and Reddit co-founder Aaron Swartz. There will also be an opportunity to join grassroots efforts against mass surveillance.

How you can help the 1,900 Central American child refugees in the Bay Area

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There are at least 1,900 child refugees in the Bay Area from Guatemala, Honduras, and El Salvador, according to federal immigration data. These teens and young children are fleeing gang violence, kidnapping, and countries that have the highest murder rates in the world.

“We need to keep in mind the reason why these children left,” Clarisa Sanchez, a legal representative at Catholic Charities CYO told us. “They didn’t want to leave their pueblos and small cities, they’re coming here by force.”

But this is not about the problem (which we covered in last week’s paper), this is about solutions. Though President Obama recently said he may create a refugee center in Central American countries, the kids who are here now still need help. When ICE holds refugees in Bay Area detention centers, nonprofit organizations offer legal support for these children and teenagers. Unfortunately, now the nonprofits are stretched to capacity.

Only 71 of the 800 new child refugees in San Francisco immigration court had an attorney, according to data from Syracuse University’s TRAC Immigration project.

The nonprofits needs are threefold, Sanchez and other nonprofit representatives told us: They need competent volunteer attorneys, funding to hire new attorneys, and counseling services for the children. Supervisor David Campos recently passed legislation to raise the funding for these needs, but still, volunteers and donations are needed.

Counseling is a luxury some of these nonprofits have been unable to provide, as they focus on legal support to keep the kids in the US.

“[The kids] have been subjected to gang violence and drug cartels,” Sanchez said. “They’ve been hunted down by gangs threatening to kill their family. They’ve been beaten bloody in the streets.”

“They need social workers, counselors,” she said, “who can treat them emotionally.”

Some of these kids and teens will find homes with relatives here in the Bay Area, but wait a year or longer for the legal process that may keep them here or send them back to violent home countries. Sometimes these kids flee specific threats, and going home means death.

Maria Viarta with the Central American Resource Center told us one of those stories.

“So there’s a young man, he came in about three or four weeks ago. He’s 17 years old,” she said. This teenager was from El Salvador. “He was kidnapped while he was trying to sell a snow cone, off the side of a freeway, by a bridge. They beat him pretty badly. He was able to escape, but they showed up at his house and threatened his grandmother because he was living with her. If she didn’t pay them the money they would kill him.”

He then crossed the border and was caught.

“He’s a kid, a scared kid,” she said. “Being in a country riddled with violence, your innocence gets taken away.”

Seeing children and teens fleeing violence every day, hearing their stories, and facing an ever-increasing caseload, many of the legal representatives helping these children are burning out.

“When you’re confronted by someone with compassion who holds your hand with a scary process most kids end up breaking down and asking for help,” Viarta said. When she asked the 17-year-old if he could go back home safely, she said, “He was very cold… all the kids say, ‘I don’t want to go back, if I go back I am sure I am going to die.’”

Sanchez said legal representatives and children needed counseling. “I’m not a therapist, I’m not a psychologist, I’m a legal representative,” she said. “I can help him on the legal side, and we’ll do everything we can, but I don’t have the tools to treat his trauma.”

Sometimes of these crucial providers don’t come back.

“I think often times in the legal immigration community we don’t talk about the burnout rate,” Sanchez told us. “It’s high.”

What’s needed:

Funding

Pro bono attorneys (preferably with grounding in immigration law)

Counseling services

Volunteers

Who you can contact to offer help:

Central American Resource Center

3101 Mission Street

415-642-4400

www.carecensf.org

Asian Law Caucus

55 Columbus Avenue

415-896-1701

www.asianlawcaucus.org

La Raza Centro Legal

424 Valencia St. Suite 295

415-575-3500

Catholic Charities CYO

180 Howard St., San Francisco

415-972-1313

www.cccyo.org

Legal Services for Children

415-863-3762

www.lsc-sf.org

American Civil Liberties Union (ACLU)

1663 Mission St.

415-621-2488

www.aclusf.org

Avalos: Should SFPD officers wear body mounted cameras?

The fatal shooting of Alejandro Nieto, a man who possessed a Taser that was mistaken for a firearm who was killed in Bernal Heights Park, produced a backlash of community anger toward the San Francisco Police Department. It was the first thing Sup. John Avalos mentioned when he called for a hearing on equipping officers with body-mounted video cameras at the April 8 Board of Supervisors meeting.

Avalos knew Nieto, and the incident struck close to home. He mentioned another recent incident of police violence at City College of San Francisco in which officers targeted student protesters; video footage from a bystander shows an officer releasing his nightstick, making a fist, and throwing a punch at someone already being restrained.

“These incidents show that there’s a great deal of work we need to do … to build trust between members of the community and the police department,” Avalos said. “These incidents involved people I knew and it almost makes me feel how widespread the problem can be.”

Police body-mounted cameras have been tried in New York, Los Angeles, New Orleans and other places as a way to shore up police accountability and provide a record of officer interactions with targeted suspects, Avalos said, and there is support for the technology both among law enforcement communities and civil liberties watchdog organizations.

“Many police support these cameras because they can help protect police officers against false accusations,” Avalos noted. “Watchdog groups support police body-mounted cameras because they can help reduce incidents of police misconduct. The [American Civil Liberties Union] supports the cameras because they allow the public to monitor the government, instead of the other way around.”

Avalos’ request called for a review of the feasibility of equipping police officers with body cams, taking concerns about cost and privacy into consideration, plus a cost-benefit analysis to show how the cost of the cameras would compare with potential savings from reductions in citizen complaints and use-of-force lawsuits.

SFPD spokesperson Sgt. Danielle Newman noted that the SFPD is already in contract negotiations for a pilot program that would equip 50 plainclothes sergeants with body-mounted cameras. The program would be funded through a federal grant, Newman said, and the department has not yet received the cameras or hashed out policies spelling out how long data would be stored, how often they would be used, or whether officers would be able to switch them on and off at will.

Newman said the pilot program grew out of allegations that undercover officers had stolen property and violated the civil rights of SRO residents during searches of their units, incidents that were initially brought to light by the San Francisco Public Defender and more recently became the subject of a federal indictment.

“When Chief Suhr took over, he was looking at ways to ensure that those things don’t happen again,” Newman explained. The department was under the leadership of former Police Chief George Gascon when the officers now facing charges were caught on film by SRO surveillance cameras.

Despite the planned pilot, Newman said Suhr was less certain about the idea of equipping 1,500 to 2,000 officers with body cameras, as Avalos’ request is geared toward.

“The concern with the chief is that with San Francisco, we haven’t been able to get crime cams put up,” she said, let alone having all officers record all police contact with the public. “That’s something that would need to be ironed out.”

Newman added that there were cost and logistical concerns associated with storage of bulk data generated by the cameras.

Rachel Lederman, an attorney with the National Lawyers Guild who represented Occupy protester Scott Olsen in a police misconduct case that left Olsen with lasting brain injuries and resulted in a $4.5 million settlement, said she was skeptical of body cams as a “quick fix” for police violence.

Oakland police officers are equipped with personal digital recording devices, she noted, but in the incident the left Olsen permanently injured, “there were 11 police officers with less-lethal weapons who were supposed to have PDRDs on – but didn’t.”

Lederman said that based on her experience, the footage that is captured on body cams is kept under lock and key by police, and remains hidden to all but doggedly persistent criminal attorneys. In practice, “journalists and affected people can’t get it without a lawyer,” she said, because police departments tend to withhold the footage with the excuse that it pertains to ongoing investigations.

In order to serve as an effective tool for holding law enforcement accountable, Lederman said, body-cam videos “have to be produced under the Public Records Act.”

Lederman added that the video quality tends to be low, officers can turn them on and off at will, and “they try to use them as evidence against people they are arresting.”

Still, a study in Rialto, California that was undertaken by a group of Cambridge University researchers determined that police use-of-force and complaints against police officers declined dramatically after officers were outfitted with the recording devices.

“The findings suggest more than a 50 percent reduction in the total number of incidents of use-of-force compared to control-conditions, and nearly ten times more citizens’ complaints in the 12-months prior to the experiment,” the authors concluded.

Lederman believes those findings are somewhat misleading, however. “Rialto has 66 police officers,” she pointed out. “It’s not really comparable to San Francisco or Oakland.”

In the dark

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A battle for transparency that has dragged on for years is nearing a milestone, as Bay Area civil liberties advocates await a judge’s ruling on whether the federal government will be forced to hand over memos outlining its legal justification for overseas drone strikes targeting US citizens.

The First Amendment Coalition, an Oakland-based civil liberties organization, submitted a Freedom of Information Act request in October 2011 seeking a legal memo prepared by the Office of Legal Counsel to the US Department of Justice.

Initially referenced in the New York Times and the Washington Post, the memo reportedly justifies the legal arguments underpinning the DOJ’s decision to track down and execute Anwar al-Awlaki, an American-born Al Qaeda operative who was killed by a US drone strike in Yemen in September 2011.

In its request, FAC noted that it was not interested in factual information about intelligence sources, but rather “discussion of the legal issues posed by prospective military action against a dangerous terrorist who also happens to be a US citizen.”

It’s hard to see how releasing a legal memo would constitute a threat to national security, an exemption that allows government to classify much of its information about military operations, but nevertheless federal authorities refused to honor FAC’s request.

In fact, the DOJ took its denial a step further, stating that it “neither confirms nor denies the existence of the document described in your request … because the very existence or nonexistence of such a document is in fact classified.”

After filing an appeal and getting nowhere, the civil liberties organization filed suit in Feb. 2012, demanding the release of the memo. Attorney Tom Burke, of Davis Wright Tremaine LLP, is representing FAC.

“We are not interested in how the US government found Al-Awlaki,” he explained. “Our suit is to release that memo with all intelligence information redacted.”

In Oakland on Jan. 23, US District Judge Claudia Wilken heard arguments from Burke and DOJ lawyers in motions for summary judgment, seeking a pretrial decision to settle the matter. By press time, Wilken still had not issued her ruling.

“It’s hard to know the ruling,” Burke said in a phone interview a week after the hearing. “The judge was being very short and blunt.” He added, “We’ve been fighting for this for years. If the ruling doesn’t go our way, I look forward to taking this to the Ninth Circuit [Court of Appeals].”

Meanwhile, the US District Court for the Southern District of New York heard two similar cases, brought against the DOJ by the New York Times and a New York chapter of the American Civil Liberties Union. In January of 2013, that court decided in favor of the DOJ, albeit with grave reservations.

“I find myself stuck in a paradoxical situation in which I cannot solve a problem because of contradictory restraints and rules — a veritable Catch-22,” Judge Colleen McMahon wrote in her opinion. “I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reasons for their conclusion a secret.”

The New York Times and ACLU appealed the decision, and are currently awaiting further ruling from the Court of Appeals for the Second Circuit.

The American citizens at the heart of these convoluted proceedings are al-Awlaki, his teenage son, Abdulrahman al-Awlaki, and Samir Khan. Al-Awlaki and his son — who was 16 at the time of his death — were both born in the United States, while Khan was a naturalized citizen of Pakistani origin.

Although all three were killed in strikes associated with counter terrorism operations, the elder al-Awlaki was the only one specifically targeted, according to a letter Attorney General Eric Holder wrote to members of Congress last May.

While the US government’s use of drone strikes has always been politically contentious because of stray civilian deaths, the use of this tactic to target American citizens has been particularly controversial. How is it that the US government — a global beacon for democracy and due process — can find guilty and execute its own citizens without a modicum of a trial?

“Judge McMahon expressed serious concerns that what the government was doing was unconstitutional,” said Brett Kaufman, an ACLU attorney who is handling the cases concerning drone strikes. “But on the merits of [the Freedom of Information Act], which was the issue before her, she had to agree with the DOJ.”

Francisco Alvarado contributed to this report.

Alerts: January 22 – 28, 2014

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WEDNESDAY 22

Housing forum at an historic location I-Hotel Manilatown Center, 868 Kearny, SF. 630pm, free. Join Sup. David Campos and others for a community forum on the housing affordability crisis in San Francisco at the Manilatown Center, the site of the historic International Hotel housing battle. Other panelists will include Gen Fujioka of the Chinatown Community Development Center; Lisa Gray Garcia aka Tiny, POOR Magazine and Angelica Cabande of the South of Market Community Action Network. The evening will also mark the debut of the “I-Hotel Anti-eviction, anti-gentrification Hit Squad” spoken word group.

Community forum on surveillance in Oakland Oakland Metropolitan Chamber of Commerce boardroom, 475 14th St., Oakl. www.lwvoakland.org. 6pm-7:30pm, free. The League of Women Voters of Oakland plans to host this discussion about Oakland surveillance. How does a city like Oakland respond to residents’ demands for more effective crime prevention and reduction while protecting everyone’s civil liberties? How will the Domain Awareness Center impact Oakland? How much surveillance is enough — or too much — to enhance our law enforcement capabilities? Bring your ideas and a friend to discuss these important issues with knowledgeable resource people and fellow Oaklanders.

 

TUESDAY 28

 

Economic Strategies for Japantown’s Cultural Preservation SPUR Urban Center, 654 Mission, SF. www.spur.org/events.12:30pm, $10 non-member fee. This meeting is intended to help promote new strategies in improving and preserving the economic and cultural heritage of Japantown. The event will include speakers Bob Hamaguchi and Karen Kai of the Organizing Committee, Diana Ponce de Leon of the Office of Economic and Workforce Development, as well as Shelley Caltagirone and Steve Werthelm from the San Francisco Planning Department. Show your support and help guide the future of this historic neighborhood, while remembering its past.

 

WEDNESDAY 29

Spaghetti Dinner and a Fight for Global Justice and Anti Capitalism Unitarian Universalist Center, 1187 Franklin, SF. www.sf99percent.org. 6-9pm, $20 requested donation. The San Francisco 99% dinner will feature a hearty meal plus a program featuring Jerry Mander, author of The Capitalist Papers: Fatal Flaws of an Obsolete System, political satirist Will Durst, poetry from Revolutionary Poets Brigade, and recognition of local activists. No one turned away for lack of funds. Sponsored by the Unitarian Universalists for Peace-San Francisco.

Solomon: We met Edward Snowden in Moscow: Please defend his right to travel

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(B3 note: Norman Solomon sent out the following message from Roots.org. The message was signed by four Americans who recently  visited Snowden in Moscow: Thomas Drake, Ray McGovern, Jesselyn Raddack, and Coleen Rowley.)

Most Americans probably take the right to travel for granted until this right is lost or curtailed. Passports are, of course, required for most international travel. When our group (Jesselyn Radack, Thomas Drake, Ray McGovern and Coleen Rowley) recently traveled to Moscow to meet with Edward Snowden and present him with the Sam Adams Award for Integrity in Intelligence, we depended upon our fundamental right to travel.

The intelligence whistleblower whose integrity we honored, however, has been deprived of that right. Vindictive U.S. officials revoked the passport of Snowden, whose disclosures have informed and educated the people of the United States and the world about secret surveillance and massive data-gathering that the NSA and other government agencies are engaged in within the U.S. and around the world.

If you’ve already signed the RootsAction petition urging that Snowden’s passport be restored, please forward this email to people you know and urge them to do the same. If you haven’t yet signed the petition, you can add your name by clicking here.

Proposals for serious reforms that will enhance security as well as preserve constitutional rights are now being studied and debated in Congress as a result of the disclosures. Snowden made it clear in our conversation with him that achieving debate and reform of the unethical, illegal and counter-productive massive data collection was his sole motivation and remains his focus. He hopes to play a continuing role in that debate, even if it’s at long-distance from Russia where he was granted temporary asylum.

The least we can do in recognition of Snowden’s personal sacrifices on behalf of all of our civil liberties and human rights is to sign and share this petition urging Secretary of State John Kerry to restore the NSA whistleblower’s passport.

To send an email now to Secretary of State Kerry, click here.

Please forward this link to like-minded friends:
http://SupportEdwardSnowden.org

Thank you!

Best wishes,
Thomas Drake
Ray McGovern
Jesselyn Radack
Coleen Rowley

Background:
Ray McGovern: Snowden Accepts Whistleblower Award

www.RootsAction.org

Shit happened (Oct. 23-29)

6

Tenant proposals and Guardian forum address eviction crisis

Tenant advocates have proposed a sweeping set of legislative proposals to address what they’re calling the “eviction epidemic” that has hit San Francisco, seeking to slow the rapid displacement of tenants by real estate speculators with changes to land use, building, rent control, and other city codes.

“In essence, it’s a comprehensive agenda to restrict the speculation on rental units,” Chinatown Community Development Center Policy Director Gen Fujioka told the Guardian. “We can’t directly regulate the Ellis Act [the state law allowing property owners to evict tenants and take their apartments off the rental market], but we’re asking the city to do everything but that.”

The package was announced Oct. 24 on the steps of City Hall by representatives of CCDC, San Francisco Tenants Union, Housing Rights Committee of SF, Causa Justa-Just Cause, Tenderloin Housing Clinic, UNITE HERE Local 2, Community Tenants Association, and Asian Americans Advancing Justice.

“San Francisco is falling into one of the deepest and most severe eviction crises in 40 years,” SFTU Director Ted Gullicksen said. “It is bad now and is going to get worse unless the city acts.”

The announcement came a day after the Lee family — an elderly couple on Social Security who care for their disabled daughter — was finally Ellis Act evicted from its longtime Chinatown home after headline-grabbing activism by CCDC and other groups had twice turned away deputies and persuaded the Mayor’s Office to intervene with the landlord.

But Mayor Ed Lee has been mum — his office ignored our repeated requests for comment — on the worsening eviction crisis, the tenant groups’ proposals, and the still-unresolved fate of the Lees, who are temporarily holed up in a hotel and still hoping to find permanent housing they can afford.

The package proposed by tenant advocates includes: require those converting rental units into tenancies-in-common to get a conditional use permit and bring the building into compliance with current codes (to discourage speculation and flipping buildings); regulate TIC agreements to discourage Ellis Act abuse; increase required payments to evicted tenants and improve city assistance to those displaced by eviction; require more reporting on the status of units cleared with the Ellis Act by their owners; investigate and prosecute Ellis Act fraud (units are often secretly re-rented at market rates after supposedly being removed from the market); increase inspections of construction on buildings with tenants (to prevent landlords from pressuring them to move); prohibit the demolition, mergers, or conversions of rental units that have been cleared of tenants using no-fault evictions in the last 10 years (Sup. John Avalos has already introduced this legislation).

“The evidence is clear. We are facing not only an eviction crisis but also a crisis associated with the loss of affordable rental housing across the city. Speculative investments in housing has resulted in the loss of thousands affordable apartments through conversions and demolitions. And the trend points to the situation becoming much worse,” the coalition wrote in a public statement proposing the reforms.

Evictions have reached their highest level since the height of the last dot-com boom in 1999-2000, with 1,934 evictions filed in San Francisco in fiscal year 2012-13, and the rate has picked up since then. The Sheriff’s Department sometimes does three evictions per day, last year carrying out 998 court-ordered evictions, Sheriff Ross Mirkarimi told us, arguing for an expansion of city services to the displaced.

At “Housing for Whom?” a community forum the Guardian hosted Oct. 23 in the LGBT Center, panelists and audience members talked about the urgent need to protect and expand affordable housing in the city. They say the current eviction epidemic is being compounded by buyouts, demolitions, and the failure of developers to build below-market-rate units.

“We’re bleeding affordable housing units now,” Fred Sherburn-Zimmer of Housing Right Committee said last night, noting the steadily declining percentage of housing in the city that is affordable to current city residents since rent control was approved by voters in 1979. “We took out more housing than we’ve built since then.”

Peter Cohen of the Council of Community Housing Organizations actually quantified the problem, citing studies showing that only 15 percent of San Franciscans can afford the rents and home prices of new housing units coming online. He said the housing isn’t being built for current city residents: “It’s a demand derived from a market calculation.”

Cohen said the city’s inclusionary housing laws that he helped write more than a decade ago were intended to encourage developers to actually build below-market-rate units in their projects, but almost all of them choose to pay the in-lieu fee instead, letting the city find ways to build the affordable housing and thereby delaying construction by years.

“It was not about writing checks,” Cohen said. “It was about building affordable units.”

Discussion at the forum began with a debate about the waterfront luxury condo project proposed for 8 Washington St., which either Props. B or C would allow the developer to build. Project opponent Jon Golinger squared off against proponent Tim Colen, who argued that the $11 million that the developer is contributing to the city’s affordable housing fund is an acceptable tradeoff.

But Sherburn-Zimmer said the developer should be held to a far higher standard given the obscene profits that he’ll be making from waterfront property that includes a city-owned seawall lot. “Public land needs to be used for the public good.”

Longtime progressive activist Ernestine Weiss sat in the front row during the forum, blasting Colen and his Prop. B as a deceptive land grab and arguing that San Francisco’s much ballyhooed rent control law was a loophole-ridden compromise that should be strengthened to prevent rents from jumping to market rate when a master tenant moves out, and to limit rent increases that exceed wage increases (rent can now rise 1.9 percent annually on rent controlled apartment).

“That’s baloney that it’s rent control!” she told the crowd. (Steven T. Jones)

Students fight suspensions targeting young people of color

Sagging pants, hats worn indoors, or having a really bad day — the list of infractions that can get a student suspended from a San Francisco Unified School District school sounds like the daily life of a teenager. The technical term for it is “willful defiance,” and there are so many suspensions made in its name that a student movement has risen up against it.

The punishment is the first step to derailing a child’s education, opponents said.

Student activists recognize the familiar path from suspensions to the streets to prisons, and they took to the streets Oct. 22 to push the SFUSD to change its ways. Around 20 or so students and their mentors marched up to City Hall and into the Board of Education to demand a stop of suspensions over willful defiance.

A quarter of all suspensions in SFUSD for the 2011-12 school year were made for “disruption or defiance,” according to the California Department of Education. Half of all suspensions in the state were for defiance.

When a student is willfully defiant and suspended, it’s seen as a downward spiral as students are pushed out of school and onto the streets, edging that much closer to a life of crime.

“What do we want? COLLEGE! What are we gonna do? WORK HARD!” the students shouted as they marched to the Board of Education’s meeting room, on Franklin Street.

They were dressed in graduation gowns of many colors, signs raised high. They smiled and danced and the mood was infectious. One driver drove by, honked and said “Yes, alright!” Assorted passersby of all ethnicities cheered on the group. The students were from 100% College Prep Institute, a Bayview tutoring and mentoring group founded in 1999 aiming to educate students of color in San Francisco. Their battle is a tough one. Though African American students make up only 10 percent of SFUSD students, they accounted for 46 percent of suspensions in 2012, according to SFUSD data. Latinos made up the next largest group, at 30 percent. (Joe Fitzgerald Rodriguez)

Techies to NSA: Stop spying on us!

Thousands of privacy and civil liberties activists, including many from the Bay Area, headed to Washington DC for an Oct. 26 rally calling for surveillance legislation reform, in response to National Security Agency spying programs. It was organized by more than 100 groups that have joined together as part of the Stop Watching Us coalition. The group has launched an online petition opposing NSA spying, and planned to deliver about 500,000 signatures to Congress. Many of the key drivers behind Stop Watching Us, from the Electronic Frontier Foundation to Mozilla, are based in San Francisco. (Rebecca Bowe)

Celebrities tell NSA to stop spying as digital privacy advocates head to D.C.

Thousands of privacy and civil liberties activists are bound for Washington, D.C. for an Oct. 26 rally calling for surveillance legislation reform, in response to National Security Agency spying programs.

It’s being organized by more than 100 groups that have joined together as part of the Stop Watching Us coalition. The group has launched an online petition opposing NSA spying, and plans to deliver about 500,000 signatures to Congress on Sat/26. Many of the key drivers behind Stop Watching Us, from the Electronic Frontier Foundation to Mozilla, are based in San Francisco.

In advance of the rally, Stop Watching Us also released a video featuring celebrities who, like millions of Americans, happen to like corresponding via email and text messages. It features appearances from Phil Donahue, John Cusack, Maggie Gyllenhaal, Congressional Rep. John Conyers, NSA whistleblower Thomas Drake, Pentagon Papers whistleblower Daniel Ellsberg, and others.

Since Edward Snowden leaked the NSA spying documents earlier this year, the Bay Area has been host to a number of protests organized in response. This past July, some college kids who met on reddit organized a march against NSA spying, called Restore the Fourth (referring to Fourth Amendment privacy rights), and paraded through downtown San Francisco. Meanwhile, the first-ever clues that the NSA was running a domestic spying program were picked up at AT&T’s Folsom Street facility in San Francisco by whistleblower Mark Klein, who exposed the operations in technical documents that subsequently spurred a lawsuit and mainstream news coverage in 2006.

As The Atlantic Wire pointed out not too long ago, the Stop Watching Us coalition is unique in that it straddles ordinary political boundaries:

“It comprises perhaps the most diverse collection of groups in the modern history of American politics. Among the groups and businesses that are signatories to it are: 4Chan, Freedomworks, BoingBoing, CREDO Mobile, Greenpeace USA, Mozilla, reddit, Sunlight Foundation, Taxpayers Protection Alliance, and California’s The Utility Reform Network. You can see the thread that ties these organizations together, but it’s a thin one.” 

Is the growing digital privacy movement at all worrisome to Sen. Dianne Feinstein, who is chair of the Senate Intelligence Committee and a former San Francisco mayor? So far, she doesn’t seem to be showing any signs of backing down. Feinstein defended the spying program in a recent USA Today editorial, writing that she believes the program should continue and even stating that “the call-records program is not surveillance.”

Lock-up shake up

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rebecca@sfbg.com

Should San Francisco spend $290 million on a modernized jail to replace the old ones that will be demolished when the Hall of Justice comes down?

That’s been the plan for years, but the Board of Supervisors Budget & Finance Committee started to ponder that question at its Oct. 9 meeting, setting the stage for a larger debate that hinges on questions about what it means to take a progressive approach to incarceration.

The Department of Public Works, in collaboration with the Sheriff’s Department, is preparing to submit a state grant application for $80 million to help offset the cost of rebuilding County Jails 3 and 4, outmoded facilities that are located on the sixth and seventh floors of the Hall of Justice.

That building is seismically vulnerable, and slated to be razed and rebuilt under a capital plan that has been in the works for the better part of a decade. With a combined capacity of 905 beds, Jails 3 and 4 were built in the 1950s and are in deplorable condition.

At the hearing, when supervisors considered whether to authorize the $80 million grant application, Sheriff Ross Mirkarimi said the current state of affairs is so bad that his department had to convert a bathroom to a visitation area because there was nowhere else for inmates to spend time with their kids in the same room. In other areas of the jail, temporarily vacant holding cells sometimes double as classroom space, since the department lacks dedicated areas for conducting classes.

The new jail would be built with somewhere between 481 and 688 beds, based on a lower calculated projected need, and more space would be devoted to programs like substance abuse education, parenting programs, or counseling.

San Francisco currently has five jails, but only one — a San Bruno facility built in 2006 — has what the Sheriff’s Department considers to be adequate space for rehabilitative services. Inmates there can opt to earn a high school diploma or take a course in meditation, and the department wants to build on that design in the new facilities.

Mirkarimi urged committee members to sanction the funding request as a first step toward that goal. “Whether it’s parenting programs or something that goes much deeper, then we need that space to make it happen,” he said.

At the same time, some community advocates questioned the very premise of spending millions on a new jail, arguing that scarce public resources could be better spent on services to prevent people from winding up in the criminal justice system to begin with.

In late August, the American Civil Liberties Union and the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area called for the plan to be reexamined. “We agree that Jails 3 and 4 in the Hall of Justice should be torn down,” they wrote, “[but] we question the need to replace them with a new facility.”

Micaela Davis, criminal justice and drug policy attorney at the ACLU of Northern California, told the Guardian that advocates are seeking to reframe the debate by questioning why a new jail should even be built, rather than focusing on what kind of jail should replace the old ones.

She and other advocates are pushing for the county to explore alternatives to jailing arrestees who haven’t yet gone to trial, or look at ways of reorganizing housing for existing inmates. Given that the jail has been in the capital plan for so many years, she said, “it just seems necessary to reevaluate before moving forward with this project.”

While Sup. David Campos hasn’t taken a position so far, he submitted a request at the Oct. 1 board meeting for a hearing “to have an open discussion about what is being proposed, and to really examine if what is proposed makes sense,” he said. It’s expected to take place in early December at the Neighborhood Services and Safety Committee.

If San Francisco is awarded the $80 million in state funding, it must agree to dedicate $8.9 million of its own funds toward the project, which would be spent on preliminary designs, studies, environmental review, and other early costs, according to a board resolution approving the request.

Speaking at the Oct. 9 committee hearing, Sup. John Avalos responded to activists’ concerns by saying: “The last thing I want to do is build out the prison industrial complex. … I’ve always wanted to make sure we were minimizing what would lead to incarceration of more people.” While he did support the idea of applying for the grant, he did so with a caveat. “I would certainly want to uphold the right to vote against a jail in the future,” Avalos said.

Sup. Eric Mar, on the other hand, would not consent to allowing the funding request. “I can’t, under clear conscience, support this,” he said. In the end, the committee authorized the grant application with Avalos and Sup. Mark Farrell supporting it, and Mar opposed.

SFPD targets bikes before hearing on its anti-cyclist bias

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As it prepares for this Thursday’s Board of Supervisors hearing examining allegations that its officers are biased against bicyclists, the San Francisco Police Department has quietly started enforcement stings focused on cyclists riding the Wiggle, one of the city’s most popular and heavily traveled bike routes.

I was among a series of cyclists stopped by one of two motorcycle cops on Saturday night as they stood on Waller Street waiting for cyclists to make that left turn off of Steiner, the first in a series of five turns known as the Wiggle, a key bike route connecting the east and west sides of town.

The sting operation — a term that Officer R. Scott, who stopped me, denied, although that’s clearly what it was — was like shooting fish in a barrel for these guys, given that thousands of cyclists a day roll through the stop signs on the Wiggle on their way to work, school, or errands.

Since being pulled over, I’ve heard this was part of several recent enforcement actions targeting cyclists on the Wiggle, supposedly driven by neighborhood complaints. Although Scott took down my driver’s license information, entered my information into the system, and issued me a citation — lecturing me along the way, and getting an earful from me in response — he waited to the end to tell me it was only a warning (actually, it was his partner who said that he should give me a ticket rather than a warning because of how I was expressing myself, but Scott said it was too late).

I’ve asked the SFPD a series of questions about the reasons for and goals of this stepped-up enforcement against cyclists, as well as about the timing, stats, and other information. I’ll update this post if and when I get a response.

For conservative law-and-order types, it probably doesn’t seem like there’s much to discuss here. Cyclists run stop signs, that’s against the law, end of story. But if San Francisco is going to continue to encourage people to ride bikes — with all the societal benefits that brings — it needs to take a more realistic and progressive approach to this issue.   

The California Vehicle Code Section 22450(a), which I was accused of violating, doesn’t distinguish between cars and bikes when it states, “The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection.”

Unlike the traffic laws in Idaho, which do have different standards for bikes and cars and where my approach of yielding but not stopping would have been legal, California has traffic laws that are hopelessly mired in another age, before global warming, air pollution, traffic gridlock, skyrocketing automobile fatalities, and other factors caused society to rediscover and embrace bikes as a beneficial mode of everyday transportation.

And when state or federal laws have lagged behind public opinion and behaviors, San Francisco has often been at the forefront of radical reform, as we have done on immigration, marijuana, civil liberties, rent control, marriage equality, and other issues where we have refused to go along with an unjust or unrealistic status quo.

How we get around, and the right to be treated with dignity and respect for the reasonable choices that we make, belongs on that list. The number of cyclists on the streets of San Francisco has surged in recent years, and it’s the official policy of the city to favor that mode over the automobile and to work toward the goal of having 20 percent of all trips be by bicycle by the year 2020.

That probably won’t happen without many more bike lanes — and it definitely won’t happen if bicyclists are expected to stop at every stop sign. Momentum matters on bikes and they become a far less appealing mode of transportation if we’re forced to come to a complete stop at every intersection, an unrealistic approach that impedes the smooth flow of not just cyclists, but motorists, Muni, and pedestrians as well.

Sup. Jane Kim called the hearing on how the SFPD handles cyclists — which is scheduled for this Thurday at 10am before the board’s Neighborhood Services and Safety Committee — after the Guardian helped expose some truly appalling anti-cyclist bias by the SFPD.

San Francisco Bicycle Coalition Executive Director Leah Shahum said that cyclists will call for better training and investigations of traffic collisions involving bikes, as well as a shift in how the SFPD polices the streets. She said her message will be, “Focus limited traffic enforcement resources on known dangerous intersections and known dangerous behaviors.”

And she said the bicyclists on the Wiggle just don’t meet those criteria. “When you look at the data on the Wiggle, it’s not a high collision area,” Shahum said, confirming reports that the SFPD has done bicycle stings on the Wiggle on at least two days in the last week.

Shahum acknowledges that there are sometimes conflicts and that bicyclists aren’t angels, noting that the SFBC has recently done events on the Wiggle encouraging bicyclists to ride carefully and yield to pedestrians and motorists when they have the right-of-way.

But she that Police Chief Greg Suhr has repeatedly called for each police district to “focus on five,” using traffic data to target the five most dangerous intersections in each district. As she said, “We’re asking the police to live up to have they’ve said, over and over.”

As for changing state law to adopt Idaho’s bike standards, Shahum said that the difficult, multi-year effort just to get a weak bike buffer law recently signed into law shows that’s probably not realistic. But here in San Francisco, there’s much more we can do to encourage safer cycling and road sharing.

Still secret

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news@sfbg.com
A high-profile local civil rights ordinance passed last year to shine light on the San Francisco Police Department’s joint activities with the FBI has been undermined by the SFPD’s refusal to disclose its surveillance activities. This comes at a time when the public is learning more than ever about the federal government’s intrusion into the privacy of law-abiding US citizens.

In May 2012, the Board of Supervisors unanimously passed the Safe San Francisco Civil Rights Ordinance, which Mayor Ed Lee signed in a photo-op ceremony with Police Chief Greg Suhr and the activists who supported it. They claimed the board’s passage of the ordinance ushered in a new era of transparency over the SFPD’s previously secretive work with the FBI-led Joint Terrorism Task Force.

“The ordinance basically requires three things,” Nasrina Bargzie, a civil rights attorney at the Asian Law Caucus who worked on the measure, told the Bay Guardian. “The first part requires that the Police Department work with the JTTF has to follow the California constitutional rights of privacy, so they’re not following the lax standards of the [US] Department of Justice. The second part is that they can no longer enter into any secret agreements with the FBI; it has to go before the Police Commission in a public setting. The final part of the ordinance exists to make sure the rules are being followed, so there is a requirement for a yearly report.”

At the time of its passage, activists told the Guardian that the ordinance was only as strong as the SFPD’s willingness to disclose its activities (see “Mayor Lee signs watered-down limits on SFPD spying,” 5/9/12). But the SFPD’s refusal to disclose even minimal, basic information calls into question the ordinance’s value.

After the release of multiple reports earlier this year that activists called inadequate, Suhr is now maintaining silence regarding the JTTF, while claiming the department is in full compliance with the ordinance. According to Bargzie, Suhr told her the FBI is barring him from disclosing the requested information.

Following multiple efforts by the Guardian to get a comment out of SFPD about the ordinance and whether the department was indeed taking a subservient role to the FBI, SFPD Sgt. Dennis Toomer told us, “We’re not talking about that at all.”

LACK OF RESPONSE

Activists have sparred with Chief Suhr over implementation of the ordinance and its required annual report since at least the beginning of 2013.

Deputy Chief John Loftus presented the first report to the Police Commission on Jan. 23, which claimed the SFPD was in “full compliance” with the ordinance without providing any details. Activists and the public quickly demanded a real response.

“The commission presented this short oral report, which was a little short of two minutes long,” Bargzie told us. “There was no data that we were not already aware of. It was just basic statements claiming that they were complying with the ordinance.”

Suhr apologized for the omissions while stating his department was still in compliance with the ordinance’s guidelines, pledging to be more forthcoming. At this time, SFPD Sgt. Michael Andraychak told the Guardian: “The Chief’s Office is in the process of scheduling meetings with Nasrina Bargzie [of the Asian Law Caucus] to develop a report with more detail so those concerned and the public can be as informed as possible. Chief Suhr is committed to remain in compliance with the ordinance.”

The Coalition for Safe San Francisco, an activist group consisting of Muslim Legal Fund of America, Asian Law Caucus, and dozens of other groups, met with Suhr to discuss setting up a template for the reports.

Suhr then released a second report, which contained more relevant information, stating that SFPD officers did not act as informants in 2012 and three full-time SFPD officers were assigned to the JTTF.

But the report still omitted key oversight information, such as whether any prosecutions resulted from JTTF and SFPD investigations, which would allow the Muslim Legal Fund of America and other groups to determine who the SFPD is arresting and why.

Last year, Suhr told a San Francisco Examiner reporter that his officers followed up on 2,000 tips regarding counterterrorism activities. However, this information curiously did not make it into the official report.

“We contacted the chief to let him know we were not okay with this. We had another meeting with him and he said he’d think about it and get back to us and now he is claiming he cannot honor a basic component of the ordinance,” Bargzie told us. “He asserts in writing this is because the FBI will not let him share the basic information.”

WEAKENED LEGISLATION

The weak efforts behind the implementation of the SSFCRO date back to Mayor Lee’s veto of a stronger ordinance in April 2012, which would have codified privacy protections and given the Police Commission more power to stop FBI-SFPD activities that did not comply with Department General Order (DGO) 8.10, the 1990 policy aimed at protecting First Amendment activities. After Lee’s veto, the Board of Supervisors passed a weaker version. Both were sponsored by Sup. Jane Kim.

John Crew, a former police practices expert with the Northern California American Civil Liberties Union, raised concerns to the Guardian about the weakened legislation. “It is a step in the right direction, there’s no doubt it’s progress,” Crew told us at the time. “But whether it’s real progress depends on the implementation. Ultimately, it will come down to political will at the Police Commission to enforce privacy protections.”

Much of the ordinance’s failure stems from the apparent lack of real intent to disclose what the activists sought. Critics painted the SSFCRO signing ceremony as a hollow symbolic act, a way for Mayor Lee and Chief Suhr to publicly promote civil rights and progressive ideals with an ordinance they purposefully weakened.

“My sense is that [the SFPD] is not taking this seriously,” Bargzie told us. “I think they probably believe that they are providing as much information as the FBI will let them and Chief Suhr thinks it’s fine that the FBI can tell him to share what they tell him to.”

The lack of transparency regarding the JTTF’s work with the SFPD requires the public to trust the federal government to safeguard civil liberties. But in the wake of whistleblower Edward Snowden’s leak exposing the expansive surveillance system by the National Security Agency and the SFPD’s notorious history of illegal surveillance and racial profiling, the public has little reason to trust the authorities.

HISTORY OF SPYING
The passage of the SSFCRO is the latest effort to counter a long history of racial profiling, spying on radical political groups, and other constitutional violations, episodes that have been followed by progressive reforms in San Francisco.
Prior to the passage of DGO 8.10 in 1990, the SFPD notoriously participated in the surveillance of non-criminal, pacifist political organizations. During the 1984 Democratic National Convention, the SFPD carried out surveillance on law-abiding organizations and, throughout the 1980s, it created files on civil, labor, and special interest groups in the Bay Area, revelations that led to the adoption of DGO 8.10.
But even after that, disclosures surfaced showing that the SFPD was blatantly violating its own rules. They included then-Police Chief Tony Ribera admitting that files on non-criminal political activity were not destroyed (as required by the ’90s reforms), the selling of confidential intelligence material to foreign governments and private entities, and the actions of SFPD Intelligence Officer Tom Gerad, who informed on local political groups for the FBI.
In the subsequent years following the Gerad scandal, San Francisco sought to strengthen DGO 8.10, requiring more transparency and oversight. But this progress was undercut in 2007 when the SFPD secretly signed a secret JTTF Memorandum of Understanding (MOU) undermining DGO 8.10.
San Francisco’s Human Rights Commission held hearings in which the community voiced concerns over illegal police and federal surveillance. In response, the SFPD said they were unable to discuss arrangements with the JTTF without the permission of the FBI.
In 2011, the previously secret MOU was unearthed by the ACLU (see “Spies in blue,” 4/26/11), prompting Suhr to issue Bureau Order #2011-07, which reinforced that SFPD personnel were under the jurisdiction of local and state privacy protections and did not spy on law-abiding groups. SFPD Public Information Officer Albie Esparza said the order reversed the language of the 2007 memo.
Part of Suhr’s amendment to SFPD policy at the time included the necessity of a predicate offense in all SFPD investigations. Thus, the SFPD could not investigate or spy on those who were not suspected of violating the California Penal Code or federal law.
Activists wanted those protections enshrined in city law, which resulted in last’s vetoed ordinance and passage of the watered down Safe San Francisco Civil Rights Ordinance in 2012, which activists now say they feel duped by.
“We have been extremely disappointed at the lack of information that has been included in the reports,” Summer K. Hararah, Regional Director for the Greater San Francisco Area Muslim Legal Fund of America told us. “If the SFPD is going to violate rights of Arab-Americans, the police chief has a responsibility to stand up to the FBI.”

POST 9/11 WORLD
Lax federal guidelines for counterterrorism have been building since the Bush Administration began implementing emergency measures after 9/11 terrorist attacks in 2001. In San Francisco’s case, the FBI has subjected local law enforcement to these rules.
Since 9/11, both the ACLU of Northern California and the Human Rights Commission have publicized cases of racial profiling and surveillance of pacifist, non-criminal Muslim and Middle-Eastern groups in San Francisco. A 2007 FBI memorandum illustrated a prominent instance of this profiling in which FBI agents attended Ramadan Iftar dinners in San Francisco purportedly as part of the FBI’s mosque outreach program. Under this guise, the agents collected data on certain attendants, including names, the content of conversations, and other information covered by the First Amendment. According to the FBI Domestic Investigations and Operations Guide, the JTTF is permitted to conduct surveillance of this nature, by identifying “locations of concentrated ethnic communities in the Field Office’s domain, if these locations will reasonably aid in the analysis of the potential threats and vulnerabilities, and, overall assist domain awareness for the purpose of performing intelligence analysis.” These policies directly contradict SSFCO, DGO 8.10, and the California Constitution’s privacy protections. In Portland, Ore., the local government successfully fought this issue by bifurcating local law enforcement from the JTTF after the public and the ACLU raised concerns over similar constitutional violations and racial profiling. This Portland model is now a precedent for activist groups nationwide, seeking to end the lack of oversight permeating their local police departments. “Portland has been a great model,” Hararah told us. “When the FBI began to interview Muslim men in mass after 9/11, Portland was one of the few that said ‘absolutely not.'” But in San Francisco, Lee (whose office also didn’t respond to our request for comment) and Suhr’s symbolic promotion of civil rights has diminished into a case of them basically bullshitting the public. “Civil rights is not a symbolic issue,” Hararah told us. “The mayor backed this legislation and we want to see that the commitment is put forth with global insurance. The first step is having info about what the JTTF is doing to be sure it abides by human rights protections and is appropriate.”

Solomon: Oiling the war machinery, from Oslo to Heathrow to Washington

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Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.” Information on the documentary based on the book is at www.WarMadeEasyTheMovie.org.

In Oslo, the world’s most important peace prize has been hijacked for war.

In London, government authority has just fired a new shot at freedom of the press.

And in Washington, the Obama administration continues to escalate its attacks on whistleblowers, journalism and civil liberties.

As a nation at peace becomes a fading memory, so does privacy. Commitments to idealism — seeking real alternatives to war and upholding democratic values — are under constant assault from the peaks of power.

Normalizing endless war and shameless surveillance, Uncle Sam and Big Brother are no longer just close. They’re the same, with a vast global reach.

Last week, I met with the Research Director of the Nobel Committee at its headquarters in Oslo. We sat at one end of a long polished conference table, next to boxes of petitions signed by 100,000 people urging that the Nobel Peace Prize go to Bradley Manning.

The Nobel official, Asle Toje, remained polite but frosty when I urged — as I had two hours earlier at a news conference — that the Nobel Committee show independence from the U.S. government by awarding the Peace Prize to Manning. Four years after the prize went to President Obama, his leadership for perpetual war is incontrovertible — while Manning’s brave whistleblowing for peace is inspiring.

In recent times, I pointed out, the Nobel Peace Prize has gone to some dissenters who were anathema to their governments’ leaders — but not to any recipient who profoundly displeased the U.S. government. Toje responded by mentioning Martin Luther King Jr., a rejoinder that struck me as odd; King received the prize 49 years ago, and more than two years passed after then until, in April 1967, he angered the White House with his first full-throated denunciation of the Vietnam War.

I motioned to the stacks of the petition, which has included personal comments from tens of thousands of signers — reflecting deep distrust of the present-day Nobel Peace Prize, especially after Obama won it in 2009 while massively escalating the U.S. war effort in Afghanistan.

We were in the grand and ornate building that has housed the Nobel Committee for more than a hundred years. Outside, a bust of Alfred Nobel graces the front entrance, and just across a small traffic circle is the U.S. Embassy, an imposing dark gray presence with several stories, hundreds of windows on each of its three sides and plenty of electronic gear on its roof. (That intersection is widely understood to be a base for American surveillance operations.) More than ever in recent years, the Norwegian Nobel Committee building’s physical proximity to the U.S. Embassy is an apt metaphor for its political alignment.

Over the weekend, the British government showed more toxic aspects of its “special relationship” with the U.S. government. As the Guardian reported, “The partner of the Guardian journalist who has written a series of stories revealing mass surveillance programs by the U.S. National Security Agency was held for almost nine hours on Sunday by UK authorities as he passed through London’s Heathrow Airport on his way home to Rio de Janeiro.” David Miranda, who lives with Glenn Greenwald, “was held for nine hours, the maximum the law allows before officers must release or formally arrest the individual. … Miranda was released, but officials confiscated electronics equipment including his mobile phone, laptop, camera, memory sticks, DVDs and game consoles.”

Assaulting press freedom is part of a comprehensive agenda that President Obama is now pursuing more flagrantly than ever. From seizing phone records of AP reporters to spying on a Fox News reporter to successfully fighting for a federal court decision to compel reporter James Risen to reveal his source for a New York Times story, Obama’s war on journalism is serving executive impunity — for surveillance that fundamentally violates the Fourth Amendment and for perpetual war that, by force of arms and force of example, pushes the world into further bloody chaos.

The destructive effects of these policies are countless. And along the way, for the Nobel Committee, more than ever, war is peace. Across the globe, aligned with and/or intimidated by official Washington, many governments are enablers of an American warfare/surveillance multinational state. And in Washington, at the top of the government, when it comes to civil liberties and war and so much more, the moral compass has gone due south.

Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.” Information on the documentary based on the book is at www.WarMadeEasyTheMovie.org.

(Bruce B. Brugmann, who signs his blogs and emails b3, edits and writes the Bruce Blog for the Bay Guardian.  He is the editor at large of the Bay Guardian and the former editor and co-founder and co-publisher, 1966-2013.)

One thousand surveillance cams in SF and counting

If you walk through densely populated commercial corridors on a regular basis, chances are you’re being recorded. Based on information compiled by CommunityCam, a data visualization project plotting the location of security cameras, there are at least 1,100 surveillance devices installed throughout San Francisco – and possibly many more.

Billed as a “community service initiative” designed to make neighborhoods safer, the CommunityCam platform was developed by VideoSurveillance.com, a proprietor of IP-connected CCTV systems that has served customers ranging from California Pacific Medical Center to Harvard University to Lockheed Martin.

The web-based platform reveals the precise locations of visible security cameras throughout the city, incorporating a crowd-sourcing component that allows anyone to plot the location of a camera.

San Francisco neighborhoods with the highest concentration of surveillance cameras include the Financial District, the areas around North Beach and Chinatown, and the Marina, the data shows. The vast majority of the cameras are privately owned, but the map plots all visible security cameras regardless of whether they’re operated by commercial interests or public agencies.

VideoSurveillance.com president Josh Daniels, a Portland resident who previously lived in San Francisco, launched the effort, which he described as an effort to improve public safety.

“The CommunityCam network of cameras gives community residents a way to investigate when an incident occurs,” Daniels said in an interview with the Guardian. Noting that accidents such as cyclist collisions or physical assaults were common in San Francisco streets, he said, “it’s just impossible to investigate these kinds of incidents in San Francisco” without the presence of security cameras. He called the project “a way to let people know that video surveillance can be used in very positive ways.”

While Daniels is not formally partnering with police, he described law enforcement as  “very interested in the locations of the cameras” and said he’d met with law enforcement groups in San Francisco as well as neighborhood groups, landlords, and building managers. He added that across the board, police agencies are “very strapped from a financial resources standpoint,” so his project can serve as a tool for those agencies without additional cost.

And collaboration with law enforcement could expand further down the road, Daniels said. “In the future there’s potential to expand the program and expand the services to give law enforcement access to privately held cameras,” Daniels said, “but that’s a long way off.” Media representatives from SFPD had not responded to the Guardian’s request for comment by press time.

While the CommunityCam platform introduces a new level of transparency to private security systems installed throughout the city, it also raises a number of questions. While it’s billed as a public safety program designed to illustrate the useful attributes of CCTV, CommunityCam also serves to illustrate the growing surveillance infrastructure in public space, a phenomenon that necessarily raises questions about the erosion of privacy in a hyper-connected world.

The early-stage data-mapping project also presents questions about how this tool could ultimately be developed and utilized, particularly if it’s used toward developing a broader or more centralized surveillance infrastructure. If public safety officials or private security entities use the data to identify gaps where public space isn’t being monitored, it could be used to justify the installation of still more cameras.

Earlier this year, the Guardian spotlighted San Francisco’s pilot project testing out “smart” streetlights that would be wired into a centralized IP-connected system, with possible future uses as street surveillance. We’ve also kept an eye on the San Francisco Police Department’s efforts to collect surveillance footage from local bars.

Privacy and civil liberties advocates have flagged concerns about the proliferation of CCTV cameras in public spaces. Privacy advocates focused on CCTV are particularly active in the UK, where studies suggest the average Londoner is caught on camera 300 times per day on average, and new technologies such as cameras that incorporate license plate readers have been adopted in smaller cities.

Daniels said he’s very familiar with these concerns, but was dismissive of the idea that security cameras in public space presented any sort of encroachment on personal privacy. “My own opinion is that I don’t believe I have an expectation to privacy in a public setting,” he said.

While Daniels noted that CommunityCam is the first-ever attempt to plot security cameras in an interactive online format, it’s not actually true. Last summer, European privacy activists who wished to draw attention to the proliferation of CCTV cameras led a game called “camspotting” in Brussels, part of an international activism effort known as “1984 Action Day.” After going out and logging camera locations, they plotted them on an online map.

Alerts: July 31 – August 7, 2013

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Whose paper? Your paper! A community forum about the Guardian LGBT Community Center, 1800 Market, SF. tinyurl.com/lvl9vla. 6-8pm, free. Join the staff of the SF Bay Guardian for a community forum on the future of San Francisco’s oldest alternative newsweekly. Nearly a month after longtime editor-publisher Tim Redmond left the newspaper after 31 years, Guardian staff members have reached an agreement with our parent company ensuring full editorial autonomy and control. This forum will help us determine where to go from here. We will seek community input, engage in dialogue with our readers, and discuss the Guardian’s important role in the Bay Area media and political landscape as we work to rejuvenate the newspaper and reach a new generation of readers.

 

Hear Alice Walker’s deliciously enlightened poetry and prose First Congregational Church of Berkeley, 2345 Channing, Berk. tinyurl.com/lqcsfph. 7:30pm, $15–$18. Internationally celebrated author, poet and activist Alice Walker will speak at this benefit for KPFA Radio and read from her recent works, The Cushion in the Road: Meditation and Wandering as the Whole World Awakens (Essays); and The World Will Follow Joy: Turning Madness Into Flowers (New Poems) Walker has written seven novels, four collections of short stories, four children’s books, and many volumes of essays and poetry. She’s best known for The Color Purple, the 1983 novel for which she won the Pulitzer Prize in Fiction. This event will be hosted by Brian Edwards Tiekert.

THURSDAY 1

Rally for a human rights attorney stuck in prison with cancer Federal Building, 90 Seventh St., SF. lynnestewart.org. Noon-2pm, free. Roughly 10 years ago, the Guardian wrote about the case of Lynne Stewart, a National Lawyers Guild member and radical human rights attorney who dedicated her career to representing unpopular clients who faced civil liberties violations. She was convicted of providing material support to terrorists in 2005, an accusation supporters say is false, and was eventually sentenced to federal prison for 10 years. Now age 73, Stewart is battling cancer behind bars and has petitioned the Federal Bureau of Prisons for compassionate release. The request has been denied, and so supporters are rallying to show their support for Stewart.

FRIDAY 2

Panel: How to win the environment Nourse Theater, 275 Hayes, SF. tinyurl.com/n77mqsv. 7pm, $10. Want to know how the build “a winning movement” on climate change? If so, these folks know what they’re talking about. Bill McKibben, founder of 350.org, will speak on this panel along with Gopal Dayaneni of the Oakland-based Movement Generation Justice and Ecology Project, Rev. Sally Bingham of Interfaith Power & Light, Katy Roemer of the California Nurses Association, and Antonia Juhasz, author of The Tyranny of Oil and Black Tide.

Solomon: Obama’s escalating war on freedom of the press

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The part of the First Amendment that prohibits “abridging the freedom … of the press” is now up against the wall, as the Obama administration continues to assault the kind of journalism that can expose government secrets.

Last Friday the administration got what it wanted — an ice-cold chilling effect — from the Fourth Circuit Court of Appeals, which ruled on the case of New York Times reporter James Risen. The court “delivered a blow to investigative journalism in America by ruling that reporters have no First Amendment protection that would safeguard the confidentiality of their sources in the event of a criminal trial,” the Guardian reported.

The Executive Branch fought for that ruling — and is now celebrating. “We agree with the decision,” said a Justice Department spokesman. “We are examining the next steps in the prosecution of this case.” The Risen case, and potentially many others, are now under the ominous shadow of the Appeals Court’s pronouncement: “There is no First Amendment testimonial privilege, absolute or qualified, that protects a reporter from being compelled to testify … in criminal proceedings.”

At the Freedom of the Press Foundation, co-founder Trevor Timm calls the court ruling “the most significant reporter’s privilege decision in decades” and asserts that the court “eviscerated that privilege.” He’s not exaggerating. Press freedom is at stake.

Journalists who can be compelled to violate the confidentiality of their sources, or otherwise go to prison, are reduced to doing little more than providing stenographic services to pass along the official story. That’s what the White House wants.

The federal Fourth Circuit covers the geographical area where most of the U.S. government’s intelligence, surveillance and top-level military agencies — including the NSA and CIA — are headquartered. The ruling “pretty much guts national security journalism in the states in which it matters,” Marcy Wheeler writes.

That court decision came seven days after the Justice Department released its “News Media Policies” report announcing “significant revisions to the Department’s policies regarding investigations that involve members of the news media.” The report offered assurances that “members of the news media will not be subject to prosecution based solely on newsgathering activities.” (Hey thanks!) But the document quickly added that the government will take such action “as a last resort” when seeking information that is “essential to a successful investigation or prosecution.”

Translation: We won’t prosecute journalists for doing their jobs unless we really want to.

Over the weekend, some news accounts described Friday’s court decision as bad timing for Attorney General Eric Holder, who has scrambled in recent weeks to soothe anger at the Justice Department’s surveillance of journalists. “The ruling was awkwardly timed for the Obama administration,” the New York Times reported. But the ruling wasn’t just “awkwardly timed” — it was revealing, and it underscored just how hostile the Obama White House has become toward freedom of the press.

News broke in May that the Justice Department had seized records of calls on more than 20 phone lines used by Associated Press reporters over a two-month period and had also done intensive surveillance of a Fox News reporter that included obtaining phone records and reading his emails. Since then, the Obama administration tried to defuse the explosive reaction without actually retreating from its offensive against press freedom.

At a news conference two months ago, when President Obama refused to say a critical word about his Justice Department’s targeted surveillance of reporters, he touted plans to reintroduce a bill for a federal shield law so journalists can protect their sources. But Obama didn’t mention that he has insisted on a “national security exception” that would make such a law approximately worthless for reporters doing the kind of reporting that has resulted in government surveillance — and has sometimes landed them in federal court.

Obama’s current notion of a potential shield law would leave his administration fully able to block protection of journalistic sources. In a mid-May article — headlined “White House Shield Bill Could Actually Make It Easier for the Government to Get Journalists’ Sources” — the Freedom of the Press Foundation shed light on the duplicity: As a supposed concession to press freedom, the president was calling for reintroduction of a 2009 Senate bill that “would not have helped the Associated Press in this case, and worse, it would actually make it easier for the Justice Department to subpoena journalists covering national security issues.”

Whether hyping a scenario for a shield law or citing new Justice Department guidelines for news media policies, the cranked-up spin from the administration’s PR machinery does not change the fact that Obama is doubling down on a commitment to routine surveillance of everyone, along with extreme measures specifically aimed at journalists — and whistleblowers.

The administration’s efforts to quash press freedom are in sync with its unrelenting persecution of whistleblowers. The purpose is to further choke off the flow of crucial information to the public, making informed “consent of the governed” impossible while imposing massive surveillance and other violations of the First, Fourth and Fifth Amendments. Behind the assault on civil liberties is maintenance of a warfare state with huge corporate military contracts and endless war. The whole agenda is repugnant and completely unacceptable.

Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.”

(Bruce B. Brugmann, who signs his emails and blogs b3, edits and writes the Bruce blog on the Guardian website at SFBG.com.  He is the editor at large and  former co-founder and co-publisher with his wife Jean Dibble, 1966-2012.)

Alerts: July 24 – 31

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WEDNESDAY 24

Milk Club Dinner & Gayla Roccapulco Supper Club, 3140 Mission, SF. http://milkdinner2013.eventbrite.com. 7-10pm, $40 and up. Join the Harvey Milk LGBT Democratic Club in celebrating 37 years of queer progressive leadership. Featuring U.S. Army Lieutenant Dan Choi, staunch advocate for the successful repeal of the U.S. military’s “Don’t Ask, Don’t Tell” policy affecting LGBT service members, as keynote speaker. Milk Club honorees include whistleblower Bradley Manning, queer activist group ACT UP, the San Francisco Gay Men’s Chorus and others.

THURSDAY 25

Forum: The worst international trade deal you’ve never heard of First Unitarian Universalist Society of San Francisco, 1187 Franklin, SF. 7-9pm, free. You may or may not have heard of the Trans-Pacific Partnership, a multinational “free-trade” agreement that’s being hashed out largely behind closed doors. Why should you are? Here’s a hint: It’s being orchestrated by the likes of Chevron, Halliburton, Walmart, and major financial firms among others. Join experts in globalization and learn about international resistance to this shady trade deal.

SATURDAY 27

Party with Meiklejohn Civil Liberties Institute 1715 Francisco St., Berk. (510) 848-0599. 1:30-4pm, donation requested. This benefit gathering for a unique think tank on human rights will include a special treat: Oakland attorney Walter Riley will deliver a talk on “getting the Oakland Police Department to obey the law.” And just in case you require more discussion on our eroding civil liberties to make your hair stand up, there will also be discussion about how drones violate the California Constitution.

TUESDAY 30

Teach-in: immigration and labor ILWU Local 34 union hall, 801 2nd St., SF. (415) 362-8852, http://www.lclaa.org. 7-9pm, free. Join the International Longshore and Workers Union for this Laborfest event, offering a concise history of labor and immigration in California. The history of the Bracero Program is key to understanding the current Congressional debate about immigration reform. Featuring members of the Association of Braceros of Northern California. Al Rojas, a labor organizer and with Labor Council For Latin America Advancement, LCLAA, of Sacramento, will discuss the continuing struggle of California Braceros for justice and the connection of the struggle for immigrant rights.

 

Solomon: Denouncing NSA surveillance isn’t enough–we need the power to stop it!

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By Norman Solomon

Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.”

For more than a month, outrage has been profuse in response to news about NSA surveillance and other evidence that all three branches of the U.S. government are turning Uncle Sam into Big Brother.

Now what?

Continuing to expose and denounce the assaults on civil liberties is essential. So is supporting Bradley Manning, Edward Snowden and other whistleblowers — past, present and future. But those vital efforts are far from sufficient.

For a moment, walk a mile in the iron-heeled shoes of the military-industrial-digital complex. Its leaders don’t like clarity about what they’re doing, and they certainly don’t like being exposed or denounced — but right now the surveillance state is in no danger of losing what it needs to keep going: power.

The huge digi-tech firms and the government have become mutual tools for gaining humungous profits and tightening political control. The partnerships are deeply enmeshed in military and surveillance realms, whether cruise missiles and drones or vast metadata records and capacities to squirrel away trillions of emails

At the core of the surveillance state is the hollowness of its democratic pretenses. Only with authentic democracy can we save ourselves from devastating evisceration of the First, Fourth and Fifth Amendments.

The enormous corporate leverage over government policies doesn’t change the fact that the nexus of the surveillance state — and the only organization with enough potential torque to reverse its anti-democratic trajectory — is government itself.

The necessity is to subdue the corporate-military forces that have so extensively hijacked the government. To do that, we’ll need to accomplish what progressives are currently ill-positioned for: democratic mobilization to challenge the surveillance state’s hold on power.

These days, progressives are way too deferential and nice to elected Democrats who should be confronted for their active or passive complicity with abysmal policies of the Obama White House. An example is Al Franken, senator from Minnesota, who declared his support for the NSA surveillance program last month: “I can assure you, this is not about spying on the American people.”

The right-wing Tea Party types realized years ago what progressive activists and groups are much less likely to face — that namby-pamby “lobbying” gets much weaker results than identifying crucial issues and making clear a willingness to mount primary challenges.

Progressives should be turning up the heat and building electoral capacities. But right now, many Democrats in Congress are cakewalking toward re-election in progressive districts where they should be on the defensive for their anemic “opposition” to — or outright support for — NSA surveillance.

Meanwhile, such officials with national profiles should encounter progressive pushback wherever they go. A step in that direction will happen just north of the Golden Gate Bridge this weekend, when House Democratic Leader Nancy Pelosi appears as guest of honor to raise money for the party (up to $32,400 per couple) at a Marin County reception. There will also be a different kind of reception that Pelosi hadn’t been counting on — a picket line challenging her steadfast support for NSA surveillance.

In the first days of this week, upwards of 20,000 people responded to a RootsAction.org action alert by sending their senators and representative an email urging an end to the Insider Threat Program — the creepily Orwellian concoction that, as McClatchy news service revealed last month, “requires federal employees to keep closer tabs on their co-workers and exhorts managers to punish those who fail to report their suspicions.”

Messages to Congress members, vocal protests and many other forms of public outcry are important — but they should lay the groundwork for much stronger actions to wrest control of the government away from the military-industrial-digital complex. That may seem impossible, but it’s certainly imperative: if we’re going to prevent the destruction of civil liberties. In the long run, denunciations of the surveillance state will mean little unless we can build the political capacity to end it.

Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.”

(Bruce B. Brugmann, who signs his name B3 in his emails and blogs, writes and edits the Bruce blog at SFBG.com. He is the editor at large of the Bay Guardian and the former editor and the former co-founder and co-publisher  with his wife Jean Dibble, 1966-2012. He can be reached at bruce@sfbg.com.)

 
      
         

Alerts

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WEDNESDAY 10

Laborfest: CCSF’s accreditation crisis City College of San Francisco, Mission Campus, 1125 Valencia, SF. www.saveccsf.org. 6-8pm, free. City College serves about 85,000 students and faces threat of closure in July 2014 if its appeals to the Accrediting Commission for Community and Junior Colleges, which has threatened to revoke the school’s accreditation in a year, aren’t successful. At this forum, Marty Hittelman, former president of the California Federal of Teachers, will speak on accreditation and the ACCJC. Sponsored by Save CCSF Coalition and AFT 2121.

THURSDAY 11

Laborfest panel: The press and the powerful First Unitarian Universalist Church, 1187 Franklin, SF. www.laborfest.net. 7-9pm, free. Gray Brechin, author of Imperial San Francisco, will join Westside Observer publisher George Wooding, former Berkeley Daily Planet reporter Richard Brenneman, and former Bay Guardian reporter Savannah Blackwell for a panel talk on the erosion of investigative journalism in the face of commercialization and monopolization of the media.

SUNDAY 14

Panel: The continuing battle for free expression Contemporary Jewish Museum, 736 Mission, SF. www.ginsbergfestival.com. 3-5pm, $12. Allen Ginsberg’s seminal poem, Howl, represented a landmark in the history of freedom of speech, obscenity issues, and the censorship of literary works. This panel talk, led by Peter Maravelis of City Lights Booksellers with panelists Rebecca Farmer of the American Civil Liberties Union (ACLU), Mark Rumold of the Electronic Frontier Foundation (EFF), and James Wheaton of the First Amendment Project, will focus on the continuing fight against censorship today. Presented in conjunction with The Allen Ginsberg Festival and the exhibition Beat Memories: The Photographs of Allen Ginsberg, at the Contemporary Jewish Museum.

TUESDAY 16

Green renters expo Ecology Center, 2530 San Pablo Ave, Berk. Ecologycenter.org. 7-9pm, free. Who says you have to own a home to live a green and energy efficient lifestyle? The Bay Area offers a myriad of resources for renters who wish to green their living spaces with efficiency upgrades, which can also help save money. Representatives from Rising Sun Energy Center, Community Energy Services Corps, the City of Berkeley Recycling Program, Stopwaste.org, the Ecology Center and others will be on hand to offer presentations, tips and advice, and to answer questions.

 

Solomon: David Brooks, Tom Friedman, Bill Keller wish Snowden had just followed orders

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Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.”

Edward Snowden’s disclosures, the New York Times reported on Sunday, “have renewed a longstanding concern: that young Internet aficionados whose skills the agencies need for counterterrorism and cyberdefense sometimes bring an anti-authority spirit that does not fit the security bureaucracy.

Agencies like the NSA and CIA — and private contractors like Booz Allen — can’t be sure that all employees will obey the rules without interference from their own idealism. This is a basic dilemma for the warfare/surveillance state, which must hire and retain a huge pool of young talent to service the digital innards of a growing Big Brother.

With private firms scrambling to recruit workers for top-secret government contracts, the current situation was foreshadowed by novelist John Hersey in his 1960 book The Child Buyer. When the vice president of a contractor named United Lymphomilloid, “in charge of materials procurement,” goes shopping for a very bright ten-year-old, he explains that “my duties have an extremely high national-defense rating.” And he adds: “When a commodity that you need falls in short supply, you have to get out and hustle. I buy brains.”

That’s what Booz Allen and similar outfits do. They buy brains. And obedience.

But despite the best efforts of those contractors and government agencies, the brains still belong to people. And, as the Times put it, an “anti-authority spirit” might not fit “the security bureaucracy.”

In the long run, Edward Snowden didn’t fit. Neither did Bradley Manning. They both had brains that seemed useful to authority. But they also had principles and decided to act on them.

Like the NSA and its contractors, the U.S. military is in constant need of personnel. “According to his superiors . . . Manning was not working out as a soldier, and they discussed keeping him back when his unit was deployed to Iraq,” biographer Chase Madar writes in The Passion of Bradley Manning. “However, in the fall of 2009, the occupation was desperate for intelligence analysts with computer skills, and Private Bradley Manning, his superiors hurriedly concluded, showed signs of improvement as a workable soldier. This is how, on October 10, 2009, Private First Class Bradley Manning was deployed . . . to Iraq as an intelligence analyst.”

In their own ways, with very different backgrounds and circumstances, Bradley Manning and Edward Snowden have confounded the best-laid plans of the warfare/surveillance state. They worked for “the security bureaucracy,” but as time went on they found a higher calling than just following orders. They leaked information that we all have a right to know.

This month, not only with words but also with actions, Edward Snowden is transcending the moral limits of authority and insisting that we can fully defend the Bill of Rights, emphatically including the Fourth Amendment.

What a contrast with New York Times columnists David Brooks, Thomas Friedman and Bill Keller, who have responded to Snowden’s revelations by siding with the violators of civil liberties at the top of the U.S. government.

Brooks denounced Snowden as “a traitor” during a June 14 appearance on the PBS NewsHour, saying indignantly: “He betrayed his oath, which was given to him and which he took implicitly and explicitly. He betrayed his company, the people who gave him a job, the people who trusted him. . . . He betrayed the democratic process. It’s not up to a lone 29-year-old to decide what’s private and public. We have — actually have procedures for that set down in the Constitution and established by tradition.”

Enthralled with lockstep compliance, Brooks preached the conformist gospel: “When you work for an institution, any institution, a company, a faculty, you don’t get to violate the rules of that institution and decide for your own self what you’re going to do in a unilateral way that no one else can reverse. And that’s exactly what he did. So he betrayed the trust of the institution. He betrayed what creates a government, which is being a civil servant, being a servant to a larger cause, and not going off on some unilateral thing because it makes you feel grandiose.”

In sync with such bombast, Tom Friedman and former Times executive editor Bill Keller have promoted a notably gutless argument for embracing the NSA’s newly revealed surveillance programs. Friedman wrote (on June 12) and Keller agreed (June 17) that our government is correct to curtail privacy rights against surveillance — because if we fully retained those rights and then a big terrorist attack happened, the damage to civil liberties would be worse.

What a contrast between big-name journalists craven enough to toss the Fourth Amendment overboard and whistleblowers courageous enough to risk their lives for civil liberties.

Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.”

Protesters to be awarded $1 million settlement in mass arrest lawsuit

A federal judge has granted preliminary approval for a settlement of more than $1 million to a group of 150 activists who were mass arrested in Oakland three years ago. The National Lawyers Guild filed the federal class action civil-rights suit on behalf of the protesters, who in some cases were held for more than 24 hours despite never facing formal charges.

The mass arrest took place on Nov. 5, 2010, when activists marched in opposition to the light sentence handed down to Johannes Mehserle, the former BART officer who was tried for murder after he shot and killed unarmed BART passenger Oscar Grant.

After winding through the streets in downtown Oakland, protesters took a turn toward Fruitvale Station, where Grant was fatally shot. But instead, police in riot gear forced them into a residential neighborhood where they were kettled in and mass-arrested for unlawful assembly.

There’s a process for making mass arrests that is clearly laid out in OPD’s crowd control policy, “to comply with California law and the U.S. constitution. That would involve giving a warning, and then allowing people to disperse,” Rachel Lederman of the NLG points out. “This was a perfectly legal demonstration,” and with the exception of one or two individuals who vandalized bus windows during the march, the vast majority of protesters did not engage in illegal activity.

Instead of being cited and released, or simply allowed to disperse once police declared the march to be “unlawful,” the 150 demonstrators who were penned in by police were sent through a long and uncomfortable booking process, Lederman said. They were left sitting on the street, then loaded onto buses and vans where they were made to wait, still handcuffed, for up to 6 hours in some cases. (Note: This reporter was kettled in along with protesters initially but then allowed to leave when police created an exit for members of the media. From there, all reporters were sent to an area cordoned off by police tape, where it was difficult to observe the arrests. So reporters were essentially given the choice between being sent to jail, which would have made it difficult to file a timely story, or being roped off in an area far from where police activity could be observed. But that’s a different story.)

The Alameda County Sheriff’s Department then sent demonstrators through a lengthy jail booking process, even though in similar circumstances, arrestees have typically been cited and released. They were placed in overcrowded, temporary holding cells with no beds and no chairs. “People needed medical attention that they didn’t get,” Lederman said. “No food was provided for more than twelve hours after our initial detention,” noted plaintiff Katie Loncke. “There was no room to lie down. I sat up against a wall for the entire night.”

Lederman said she expects protesters who were part of the class action suit to receive somewhere around $4,500 each in settlement payments. In addition to the monetary payment, the settlement agreement reaffirms and reincorporates OPD’s crowd control policy for up to seven years.

That policy dates back to 2004, when the NLG and the American Civil Liberties Union jointly drafted the regulations in the wake of an anti-war demonstration where police fired rubber bullets into the crowd, resulting in serious injuries and intense scrutiny on the police department’s practices.

While OPD complied with the crowd control policy in the first years after it was implemented, Lederman said, there were relatively few mass mobilizations in the streets of Oakland until those mounted in response to the Oscar Grant shooting. Those street demonstrations were followed by 2011 mass marches organized in conjunction with the Occupy movement.

“Our primary goal, and our clients’ primary goal, was to stop” unlawful police practices that violated OPD’s crowd control policy, Lederman said, “so that people can be freer to organize on the streets.”