Terrorism

Contemputf8g Wolf

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› sarah@sfbg.com

Months after local videographer and blogger Josh Wolf was released from federal prison — where his seven-month stay was the longest in history for an American journalist for refusing to turn over unpublished materials to criminal prosecutors — the San Francisco Police Commission finally has decided to analyze the incident. That inquiry comes just as Wolf embarks on a campaign for mayor, which he hopes will create a dialogue about the lack of police accountability and the overzealous federal intrusions that marked his story.

Wolf, 24, told the Guardian that he’s still baffled by what transpired after he filmed the July 8, 2005, anti-G8 protest, which involved a heavy anarchist turnout, "got rowdier than local officials would have liked," and left a San Francisco police officer with a fractured skull — an incident that Wolf calls "unfortunate" but of which he claims to have absolutely no knowledge

"I’ve read the evidence that was presented in my case, but to this day no one has pointed out anything that constitutes terrorism," Wolf said.

The day after the protest, Wolf was contacted at his home by members of the FBI and the Joint Terrorism Task Force, along with two San Francisco Police Department officers. The four agents who showed up Wolf’s door, one of them dressed in a Hawaiian shirt and shorts, demanded that he hand over all his video outtakes after local and national TV stations aired edited footage that Wolf posted on his blog. The aired film included scenes of anarchists setting off firecrackers, turning over newspaper racks, and spray-painting a Pacific Gas and Electric Co. office. It also showed an SFPD officer holding local resident Gabe Meyers in a choke hold while another agent waved his weapon at the crowd and shouted, "Leave or you’re going to get blasted. I’m a fed, motherfucker."

"If any time the SFPD decides it doesn’t want to deal with some local issue, does it have the autonomy to contact the feds, and if so, doesn’t that jeopardize all the laws that the voters of San Francisco have passed?" Wolf asked July 11 as the Police Commission discussed a resolution supporting the First Amendment rights of the "new media," which is how Web-based disseminators of news, such as Wolf, are being described.

Earlier this year, police commissioner David Campos tried to pass a resolution in support of the then-jailed Wolf, but the proposal got no traction until Theresa Sparks was elected as president in May. By then Wolf had been free from jail for a month, leading Campos and Sparks to shift their focus toward investigating exactly why Wolf’s case got federalized in the first place as well as the implications for other groups that are protected locally but at risk federally.

As Campos told the commission, "A lot of people in San Francisco have been talking about how we as a department interact with the feds, to the extent that it has an impact on medical cannabis providers and immigrants and on First Amendment rights, as in the case of Josh Wolf."

Under state law, reporters’ sources and their work products are protected. A recent case involving Apple suggests that the law also extends to bloggers and independent reporters. But under federal law, reporters have no such protections, which is why former New York Times journalist Judith Miller was jailed in the Valerie Plame–CIA investigation and San Francisco Chronicle reporters Lance Williams and Mark Fainaru-Wada faced potential jail time in the BALCO affair, as did freelancer Sara Olsen in the court-martial of Army Lt. Ehren Watada.

But while these journalists refused to comply with subpoenas that were clearly related to federal matters, there was no such obvious connection in Wolf’s case. An investigation into the assault on SFPD officer Peter Shields normally would have been undertaken by local police and District Attorney Kamala Harris. Police records show that SFPD inspector Lea Militello requested "assistance from the FBI/JTTF regarding investigation of a serious assault against a San Francisco police officer." Federal investigators justified their involvement by maintaining that there had been an attempted arson on an SFPD squad car purchased in part with federal funds, even though SFPD records indicate only that the car’s rear tail light was broken.

"There was nothing incriminating on my tape," Wolf told the Police Commission, recalling how he offered to prove his statement by letting the federal judge view it in his private chambers, an offer the judge refused. "But because I had no federal protections, I had to decide whether to engage in a McCarthyesque witch hunt," Wolf added; he long had suspected that the feds wanted to profile anarchists about whom he has intimate knowledge.

Campos and Sparks hope that last week’s Police Commission discussion will be the first in a series about the protocols and procedures that the SFPD follows in deciding whether to refer matters to federal authorities. Both stress that asking for such a study does not mean they do not care that an SFPD officer was hurt. As Sparks told us, "At this point we don’t know what the deliberations behind everything that night were or how many people were deployed. For us to comment on a police officer being injured is inappropriate unless we have all the information. And all we’re hearing is anecdotal stuff. Our job is not to take sides but to figure out what the policies were, are, and what they should be."

Police Chief Heather Fong has agreed to report to the Police Commission in August on policies and procedures related to the SFPD’s General Orders, the city’s ordinances on immigration and medical marijuana, and protection of journalists’ rights. Sparks predicts that the report will tell the commission "what the SFPD’s policies do, how that compares to the Board of Supervisors’ resolutions, and whether we need to rewrite them or write new rules for the police."

Commissioner Campos told us he hopes the report will clarify whether the police have an obligation to report to the feds if an investigation involves damage to property bought with federal funding. "If it’s the case that we are obligated, then we need a discussion. Do we want to accept funds if doing so ties our hands and forces us to do something that San Francisco doesn’t want to do? For instance, if we accept funding, then does that mean we have to cooperate with [Immigration and Customs Enforcement]? If so, then a lot of us, myself included, would be up in arms and would say, ‘Let’s not.’ To the extent that it comes down to money, I’d hope that we’d make the choice that we’d rather not take the money than get in bed with the federal government."

Wolf, who was not convicted of any crime but served 226 days for being in contempt of a grand jury subpoena, was released April 3 after he agreed to post all his unedited footage online — an action the feds claimed as evidence that he had submitted to their demands. But Wolf pointed out that he agreed to do so only after the feds promised that he would not have to testify about anyone whose actions or words he had captured on tape. He also pointed out that he released the tapes to everyone, not just the federal government.

Since being released Wolf has announced his intention to run for mayor of San Francisco this fall, saying he was inspired by the recent Progressive Convention called by Sup. Chris Daly "in which they had a great platform but no declared candidate."

Wolf’s candidacy pits him against Mayor Gavin Newsom, who expressed neither support for Wolf nor criticism of his detention. That stance is in contrast with that of Harris, who is also running for reelection this fall and publicly criticized the US Attorney’s Office in March, a month before Wolf was released. In August 2006, Newsom returned unsigned the resolution of support for Wolf’s plight that was sponsored by Supervisors Ross Mirkarimi, Tom Ammiano, and Daly. The resolution, which passed on a 9–1 vote, with Sup. Sean Elsbernd voting no and Sup. Michela Alioto-Pier absent, declared that the city "resisted the federal government’s intervention in the City and County of San Francisco’s investigation of the July 8th, 2005 G-8 protest; expressed support for the California Shield Law; and urged Congress to pass Senate Bill 2831, the Free Flow of Information Act."

Asked about Newsom’s position on Wolf and related matters, spokesperson Nathan Ballard reminded the Guardian that the mayor authorized a $10,000 reward for information leading to the arrest and conviction of the person or persons responsible for the assault on Shields. "We take these attacks seriously and will take the appropriate actions necessary to ensure that the person or persons responsible are prosecuted," the mayor said shortly after the assault. As for Wolf, Ballard said by e-mail, "I am not aware of any public statement [by] the Mayor on the case of Josh Wolf. The Mayor is generally supportive of the concept of a better shield law, but he has not taken a position on this particular bill at the present time."

As it happens, Wolf, who has made numerous media appearances since his release, including on The Colbert Report, could find himself in the unusual position of having more name recognition than any of Newsom’s other challengers. And with Congress currently considering a federal shield law, the cause for which Wolf went to jail remains in the news. As media activist Rick Knee put it, pointing to the "Free Josh Wolf" button that he continues to wear on the lapel of his tweed jacket, "Josh may be out, but the issue is still with us." *

We can be heroes

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› annalee@techsploitation.com

TECHSPLOITATION Imagine a world where your genome isn’t just the result of long-term natural selection and random mutation. Instead, its composition and expression actually mean something — not just about you, but also about the fate of the world.

No, I’m not talking about a genetic engineer’s utopia with humans made by design. I’m talking about the driving fantasy behind hit TV show Heroes, now heading into the homestretch of its first season on NBC. I was a doubter when I first started watching this X-Men homage, which is full of ordinary people who suddenly start manifesting mutant powers (flying, telekinesis, superhearing, time travel) due to some genetic whatsit. Created by Tim Kring, best known for the medical melodrama Crossing Jordan, the show was uneven and slow for the first handful of episodes. We got the boring origin story of each hero and learned that they all have a genetic destiny via an irritating voice-over from the nonsuperpowered (so far) Dr. Suresh, who studies these "special" people to find out what makes them tick.

But then things got interesting. Unlike the mutants of X-Men, none of the special people in Heroes has a visible mutation that makes him or her look strange — there are no giant blue cat professors or women made of pure diamond. Instead, there are, among others, a flying politician, a superhealing cheerleader, a time-traveling Japanese comic book otaku, a comic book artist who can paint the future, a psychic police officer, and a villain who absorbs mutant powers by extracting and possibly eating the brains of heroes. The plot is typical comic book fare: our future-painting artist has predicted that New York will be blown up by one of the heroes, eventually resulting in the election of the corrupt flying politician as president. Somehow, these events will destroy the world. The time-traveling otaku‘s future self warns his past self that the fate of the cheerleader is bound up with all this by using the show’s cult tagline, "Save the cheerleader, save the world."

I’ve gone from being a skeptical watcher to a rabid fan of this show for two reasons: one, the hero team that forms around the wacky time travel plot manages to capture what’s so seductive about comic books generally; and two, I think the TV show is an interesting fantasy about terrorism.

So: the seductions of the comic book. One of the benefits of comic books over, say, movies is that they last for decades and thus have plenty of time to evolve complicated relationships between characters whose powers are foils for their personal vulnerabilities. A superhero team is like a cast of characters in a speculative soap opera — they have bang-pow adventures, but the best writers and artists in the medium force them to grapple with the human cost of being a hero. The Hulk is a good example: over the years Bruce Banner and his green alter ego have fought, gone to therapy to reconcile their warring impulses, joined and then been expelled from superhero teams that couldn’t trust the Hulk, and generally played out the drama of what it means to be a high-functioning manic-depressive.

Heroes offers us the bizarro soap opera pleasures of comic books and at the same time sets up the collective power of the heroes as a foil for the problems of the world. There are no terrorists in Heroes — only heroes whose powers go wrong and destroy New York in the process. In other words, the only menace to the United States is its own citizens. In the show’s fantasy reenactment of 9/11, the al-Qaeda bombers are recast as misunderstood heroes who are hunted by shady pseudogovernment agencies and go mad, or as power-hungry politicians who see destruction as the best route to power. I’m intrigued by the implication, in this season’s plot arc, that the destruction of New York is a deliberate effort to ruin the world on the part of US politicians and businessmen. There’s a strong dose of social criticism in that simple idea. Our heroes aren’t trying to stop terrorists from outside the country — they’re trying to stop forces working on the inside.

Sure, you can watch Heroes just for the bang-pow, and I definitely recommend it for that. At its best the show is action packed and edge-of-your-seat thrilling. But it’s also, like great comic books, about the real world. Best of all, it’s about fixing the real world and making it safe for geeks, cheerleaders, and regular people. *

Annalee Newitz is a surly media nerd who thinks the Planet Hulk story line should be the basis for the next Hulk movie.

Who blinked?

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› sarah@sfbg.com

Freelance journalist and blogger Josh Wolf has been free for more than a week, but the debate over why the federal government released him after 226 days in jail is only getting murkier.

First a US Attorney’s Office press release April 3 claimed that Wolf "complied with the grand jury subpoena." Next a San Francisco Chronicle headline April 4 declared, "Blogger Freed after Giving Up Video." Then a Chronicle op-ed April 9 by the California First Amendment Coalition’s executive director, Peter Scheer, claimed Wolf’s case never should have become a constitutional cause célèbre "because he never had evidence."

"In retrospect," Scheer wrote, "Wolf’s jailing looks like a huge misunderstanding, in which prosecutors assumed, incorrectly, that Wolf possessed relevant evidence, while Wolf believed, erroneously, that he had a responsibility to go to jail even if he had no relevant evidence."

Wolf disagrees with all the above, beginning with the prosecutor’s claim that he complied with the subpoena.

"If I complied, then journalists will be happy to know that the meaning of ‘complied’ has changed," Wolf said, noting that he never capitulated to the feds’ demands that he testify under oath before a grand jury about a July 2005 Mission District protest that turned violent, parts of which he captured on video and excerpts of which were aired shortly thereafter on national television.

Wolf was more forgiving of the Chron‘s misleading headline because, as he put it, "headline writers don’t write the story, and the story itself was accurate." That said, the truth, according to Wolf, is that only after the feds gave up their demand that he testify did he agree to post his unedited video.

It’s a subtle distinction that was missing from some coverage of his release from federal prison, but it’s a significant omission that makes Wolf’s decision look like a coerced surrender. Wolf emphasized, "The subpoena demanded I give up my video and testify before a grand jury."

As for Scheer’s argument that Wolf shouldn’t have gone to prison for nothing, Wolfe said it misses the crucial point: complying with a federal subpoena hurts a journalist’s standing with sources.

"You can’t decide to only protect material if it’s of evidentiary value. And Scheer sidestepped the issue of testimony and the fact that the government agreed to not make me testify before a grand jury," Wolf told us.

The problem with grand juries, at least from a journalistic perspective, is that their inquisitional power is unlimited and their proceedings are secret. In other words, journalists can be suspected of snitching yet can’t prove they haven’t, all of which adds up to the kiss of death for reporters who cultivate the trust of confidential sources.

Wolf said he offered to give up his tape but did not offer to testify about it, as early as November 2006, but the feds rejected the latter part of his demand. Once they did agree in April that he wouldn’t have to testify about the tape’s contents, Wolf said there was no longer any point in refusing to release the tape itself.

Releasing the tape, Wolf said, helped put to rest the "suspicion that I had any relevant evidence."

"Sure, Josh had developed sources in the anarchist community, but that’s not what this was about," Wolf attorney James Wheaton told us. "It was about refusing to appear before the grand jury and testify or name names."

With a parallel debate raging about whether bloggers are journalists, Wolf said he hopes people will give him the benefit of the doubt and say he should have been protected.

"I believe my action served to be the strongest case for the need for a federal shield law," Wolf said. Local officials agree.

"What happened to Mr. Wolf is stark evidence that we need a federal shield law to make sure this does not happen again," District Attorney Kamala Harris said April 3.

Harris’s support for Wolf also highlights questions about the role San Francisco police officials played in this mess.

As part of the settlement that secured his release, Wolf answered no to two questions: did he see anybody throw anything at the squad car that was part of an alleged arson, and did he see whom SFPD officer Peter Shields was chasing before his skull got fractured?

"Answering questions about which you know nothing is not a violation of journalistic ethics," Wheaton told the Guardian. "But those same questions prove that law enforcement misused the Joint Terrorism Task Force, which was set up to investigate terrorism but which they used to get around California’s shield laws."

Public records show that the SFPD requested the help of the JTTF and the FBI to investigate the assault on Shields. That assault should be under the jurisdiction of the DA’s Office. But by framing the case as an alleged arson to a car, for which the department received some funds courtesy of the Department of Homeland Security, law enforcement was able to federalize the investigation.

With Wolf’s unedited video showing one police officer wildly pointing his gun at protesters in apparent violation of the SFPD’s general orders, questions remain as to who will hold law enforcement accountable for what’s on this long-disputed tape. *

Wolf freed!

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After spending more than seven months in prison for refusing to give a federal grand jury video outtakes of a 2005 anarchist protest, freelance journalist and blogger Josh Wolf’s is today being released. According to one of Wolf’s lawyers, David Greene of the Oakland-based First Amendment Project, Wolf won’t have to testify to the grand jury or identify protesters shown in his video, which has now been posted at his Web site, www.joshwolf.net/blog.

The deal was announced the day after a second three-hour mediation session before a federal magistrate in San Francisco. The 24-year-old Wolf has been held in contempt of court by a federal judge since August 2006 and has been imprisoned longer than any other journalist in U.S. history for withholding information. He is reportedly being picked up from the federal correctional facility in Dublin this afternoon and will appear on the steps of San Francisco City Hall at 5 p.m.

Greene said that the April 3 breakthrough occurred when federal prosecutors dropped their insistence that Wolf testify to the grand jury about people he interviewed for his video. Greene said Wolf was prepared to turn over the outtakes last November if he’d been excused from testifying but prosecutors refused.

In an April 3 press release, Greene wrote, “For the last several months, this (dispute) has been principally about the testimony and not about the video. The only reason he decided to publish (the video) now was their assurances that they would not require his testimony.”

Greene said prosecutors required only that Wolf answer two questions under oath, in writing: whether he ever saw anyone throw or shoot any object at a police car or learned about anyone who did so, and whether he knew who Officer Peter Shields was trying to arrest when he was hit from behind and suffered a fractured skull. Wolf answered no to both questions in a court filing today.

In a separate filing, Assistant U.S. Attorney Jeffery Finigan said Wolf has complied with the grand jury subpoena and should be released from prison. Finigan also noted the government has reserved the right to issue a new subpoena to Wolf in the future.

“I think his sacrifice of his personal liberty for 226 days for the sake of a principle that was for something much larger than him personally was really commendable,” Greene said.

Rick Knee of the National Writers Union say his group believes that, “Josh’s persecution at the hands of the San Francisco Police Department, the Joint Terrorism Task Force, the U.S. Attorney’s office in San Francisco, federal prosecutor Jeffrey Finigan, the federal grand jury and U.S. District Judge William Alsup was morally and ethically reprehensible, and an egregious misuse of taxpayer dollars.”

The Inter American Press Association calls for the immediate release of Josh Wolf from prison

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By Bruce B. Brugmann

Cartagena, Colombia March l9–The Inter American Press Association has condemned the U.S. government for jailing Josh Wolf and called for his immediate release from federal prison.

IAPA, at its annual mid-year meeting in Cartagena, noted that Wolf “remains in jail for refusing to turn over his videos and has now been in jail for refusing to comply with a subpoena for longer than any journalist in U.S. history.”

IAPA said that “numerous journalists in the United States have been subpoenaed by prosecutors and required to testify in state and federal court, including the requirement that they name their confidential sources.”
It noted that San Francisco Chronicle reporters Mark Fainaru-Wada and Lance Williams faced l8 months in prison until their confidential source recently came forward.”

IAPA relied on principle 4 of the Declaration of Chapultepec, the organization’s version of the First Amendment,
that states, “Freedom of expression and of the press are severely limited by murder, terrorism, kidnapping, intimidation, the unjust imprisonment of journalists, the destruction of facilities, violence of any kind and impunity for perpetrators. Such acts must be investigated promptly and punished harshly.”

IAPA is a non-profit organization dedicated to defending freedom of expression and of the press throughout the Americas. It has a membership of more than l,300 representing newspapers and magazines, with a combined circulation of 43,353,762, from Patagonia to Alaska.

In other action, IAPA found that six journalists were killed and one disappeared in the last six months in Mexico, and another was killed in Haiti. “The assassinated journalists were all victims of drug and gang wars, reflecting how throughout the region organized crime was a bigger physical threat to journalists than old-fashioned political differences,” IAPA said. “There were nearly two dozen more cases of reported death threats, in Guatemala, Honduras, Ecuador, Paraguay, Dominican Republic, Uruguay, Peru,Venezuela, and Brazil, some related to the reporting of corruption.”

IAPA said that Cuba and Venezuela were the worst countries in terms of government pressure on the press.
President Hugo Chavez threatens to shut down the country’s leading television network, Radio CaracasTelevision, by not renewing its license. And in Cuba, after Fidel Castro replaced himself with his brother Raul as the president, repression has escalated against independent journalists and foreign correspondents.

IAPA reported 47 acts of harassment of journalists (police threats, interrogations, ‘acts of repudiation’ organized by the government, public beatings, temporary arrests, fines for disobedience, raids of people’s homes, evictions, seizures of money and personal items, firings, and restrictions on travel within Cuba). Three foreign correspondents were expelled from Cuba on the grounds that “their approach to the situation in Cuba is not in the best interests of the Cuban government.” In an attack on news sources, four people are being prosecuted for manufacturing or repairing satellite television equipment and may go to prison for three years. Meanwhile, IAPA said, 28 journalists remain behind bars, serving sentences of up to 27 years.

Cuba is now extending its repression to internet users. No Cuban may access the internet freely. Ramiro Valdes, the minister of computers and communications, ahs announced the government’s intention to tame the “wild horse” of new technologies, which it describes as “one of the most horrible means of global extermination ever invented.”

Argentina, Uruguay, Ecuador, and Bolivia had “lesser but still worrying” tensions between their governments and the media. In Argentina, the government continued to “arbitrarily classify journalists and media outlets as friends and enemies, and use the placing of official advertising to support the one and punish the other. B3

http://www.sipiapa.com/pulications/informe_usa2007ca.cfm

100 years of secrets

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› gwschulz@sfbg.com

They’re back.

First Amendment foes are again attempting to criminalize news reporting that exposes questionable if not illegal conduct by the White House, Pentagon, and intelligence agencies, from dispatching terrorism suspects to secret torture chambers abroad to listening in on private phone conversations.

An attempt by Sen. Kit Bond (R-Mo.) in 2005 to pass legislation similar to Britain’s Official Secrets Act failed, but Sen. Jon Kyl (R-Ariz.) quietly tried to attach an amendment to an unrelated bill scheduled for committee review last month that would have expanded the Espionage Act of 1917.

The amendment’s broad scope was narrowed March 2 before being shifted to another Senate bill amid an outcry by First Amendment advocates. The proposal’s almost laughably vague original legislative language aimed to punish anyone who published or communicated classified information "concerning efforts by the United States to identify, investigate or prevent terrorist activity."

The amendment would have extended jail time for whistleblowers to 20 years. Senate Bill 2, where the amendment now rests, was originally intended to enact the remaining recommendations of the 9/11 Commission. The new amendment would still punish employees working on Capitol Hill or other unauthorized personnel who knowingly disclose classified information contained in congressional reports.

Coalition of Journalists for Open Government coordinator Pete Weitzel told the Guardian that the earlier language seemed to include newspaper publishers as well as government employees in its scope.

Conservative members of Congress called for reporters to be punished under the Espionage Act after the New York Times, the Washington Post, and other media reported details of the George W. Bush White House’s domestic wiretapping and extraordinary rendition programs. In particular, Post reporter Dana Priest and Times reporter James Risen were condemned and accused of treason by Fox News pundits and jingoistic bloggers for harming national security, today’s ever-present excuse for government secrecy.

"Current laws are sufficient to prosecute anyone who leaks classified information and has an intent to harm the United States," Weitzel told us from Washington. "There’s no impediment to going ahead and prosecuting under existing law. So I don’t see a need for this additional legislation."

Sunshine activists worried the original amendment could plausibly include journalists covering emergency response planning, security failures, public health threats, and federal homeland security spending. In addition, its broadness is simply unconstitutional, according to the Virginia-based Sunshine in Government Initiative.

"The amendment would work to constrain critical reporting on homeland security — even information as basic as homeland security grants — as well as national security and foreign policy matters," the group, which includes the Association of Alternative Newsweeklies (of which the Guardian is a member), wrote in a public statement Feb. 27.

The Espionage Act was passed under President Woodrow Wilson and led to a 10-year prison term for one-time Socialist Party leader and presidential candidate Eugene V. Debs, who was eventually pardoned by President Warren G. Harding after serving three years. Debs had criticized World War I and conscription during a speech in Ohio.

"Do not worry over the charge of treason to your masters," he said during the speech, "but be concerned about the treason that involves yourselves. Be true to yourself, and you cannot be a traitor to any good cause on earth." *

Views of Iwo Jima

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› a&eletters@sfbg.com

Clint Eastwood’s Letters from Iwo Jima has been met with near-unanimous stateside praise for its humanistic portrayal of the infamous 1945 battle. It became the first film primarily in the Japanese language to be nominated for a Best Picture Oscar — on Feb. 25 it vies for an Academy Award in that category and three others. Eastwood himself has called it a "Japanese film." But how have Japanese audiences and critics responded?

There’s been a spate of Hollywood productions set in Japan in recent years — Lost in Translation, The Last Samurai, Memoirs of a Geisha, The Fast and the Furious: Tokyo Drift, to name a few. Each film scored various degrees of commercial success in the United States, but most Japanese audiences agreed that the portrayals of Japanese ranged from well-meaning but a little bit off to downright offensive. With the exception of The Last Samurai, which rode Tom Cruise’s popularity, none performed particularly well at the Japanese box office.

Letters was met with considerable anticipation as soon as the production was announced. Word spread that Eastwood was considering having a Japanese filmmaker direct the project. (He reportedly muttered, "Akira Kurosawa would’ve been perfect.") Once it was confirmed that Eastwood would be taking the helm himself, there were equal amounts of excitement and skepticism. In Japan, Eastwood had been one of the most highly regarded American filmmakers for many years, particularly after Unforgiven, whose fresh treatment of the western genre resonated with samurai movie fans. Yet given the track record of American directors taking on Japan, some suspicion was inevitable.

Letters‘ companion piece, Flags of Our Fathers, opened first, to generally rave reviews, with solid if unspectacular box office numbers. Letters made its world premiere in Tokyo on Nov. 15, 2006, and opened theatrically Dec. 9, 11 days ahead of the US release. To date it’s grossed more than $41 million in Japan (and still going strong), as opposed to a mere $10 million in the US, despite the Oscar nomination and the praise heaped on the film. (Flags, by comparison, grossed $33 million here and $29 million in Japan.) Pop star Kazunari Ninomiya, one of the notable cast members, helped draw a younger audience, many of whom reported having been averse to war movies until taking the leap with this film.

A quick survey of published reviews and blogs in Japan indicated that critics and audiences alike have responded with extremely, if not unanimously, positive comments. Historians have indicated that with the exception of some minor inaccuracies, the film is well researched and essentially true to the events that occurred, while film reviewers have already anointed it a masterpiece for our times. Here’s a sampling of some comments found:

"If one were to see this film without any prior knowledge of its director or production team, there would be no reason to believe this isn’t a bona fide Japanese film."

"When the two films are seen together, there’s a chemical reaction that’s never before seen in the history of cinema."

"Seeing the American soldiers fill the beach, I’d wonder if Doc [from Flags] is somewhere in that crowd. That’s when I realized the effect that seeing both films can have."

"Japanese American writer Iris Yamashita deserves tremendous praise for the incredible detail with which she depicts what is, for her, essentially a foreign story."

"My generation grew up watching films that showed the ugliness and cruelty of Japanese Imperial soldiers, so I didn’t know how to respond to seeing such proud and beautiful Japanese soldiers in Letters."

To be sure, some have also pointed out blemishes. Chief among them is lead Ninomiya’s all-too-modern speech, which for some Japanese viewers sticks out awkwardly from an otherwise well-executed deployment of the language used during World War II. Cast members Tsuyoshi Ihara and Ryo Kase (who delivers the finest, most underrated performance in the film as the former military police officer Shimizu) have mentioned in interviews that the tight time frame from casting to filming prevented them from being fully prepared for their period-specific roles, and they admit details of the era were missed. Many of the cast members reportedly crowded inside Ihara’s hotel room to watch a DVD demonstrating proper Imperial soldier salutes.

That said, those same actors praise Eastwood for keeping his eye on the big picture and focusing more on the characters’ emotions than the period details. They also give him credit for being extremely open to ideas from the cast. "He’s always standing next to the actors," Kase says. "And if we suggest trying something different, he would always say, ‘OK, let’s try it.’ " Ken Watanabe is said to have personally taken on the task of adjusting the translated dialogue on set to sound more natural and accurate.

It’s not surprising, then, that one of the most often heard comments from Japanese viewers was the following: "Tough to admit, but this is a more Japanese film than even a Japanese director might create." More than a few critics and bloggers have pointed out their mixed feelings that such a remarkable "Japanese film" was made by an American filmmaker. The comments range from expressions of frustration and embarrassment — "Why couldn’t this masterpiece of a portrait about the Japanese experience have been made in Japan?" — to one of gratitude: "The film was made possible only because of an outside perspective like Eastwood’s."

The comments are similar to those I heard while traveling to Japan five times during the past two years as a coproducer of the new HBO documentary White Light/Black Rain, directed by Steven Okazaki. We were there to shoot interviews with survivors of the atomic bombings of Hiroshima and Nagasaki. Many documentaries — both in Japan and the US — have tackled the subject before, but surprisingly few have focused on the stories of survivors. Filmmakers, peace activists, and survivors all expressed appreciation for our endeavors but admitted embarrassment that an American production was taking on the important duty.

Indeed, many seem to concede the Japanese film industry is currently incapable of producing films like Letters or White Light that dare to expose the horrific consequences of war. The increasingly conservative society has seen a recent surge in the movement to remove Article 9 of the Constitution, which forbids the nation from maintaining an army, navy, or air force. Reflecting the growing nationalism and the call for remilitarization, recent Japanese blockbusters such as Aegis, Yamato, and Lorelei depict the Japanese military defending the nation in war or against terrorism, though they stop just short of glorifying battle. Even warriors from a different age — the samurai — appear to be gaining in onscreen popularity once again.

In this climate, Letters appears to have had a cathartic effect on the Japanese audience. What many had felt yet couldn’t fully voice, the film spoke loud and clear. Though the awareness of the Pacific War had been waning among the younger generations, the success of the film has spawned new books and TV documentaries renewing interest in the period and sending people rushing to try to visit Iwo Jima. (Because of the US military presence on the island, access is extremely limited.) Most important, Eastwood’s dual-film concept has more than accomplished its objective of offering a perspective from both sides of the battle. Japanese reviews of Flags often mentioned some degree of surprise at seeing the hardships encountered by American soldiers during the war and their ability to emotionally identify with the American characters. And Letters, in turn, has been embraced in Japan. As one blogger wrote, "That the film’s creators broke down the walls of race and language to make this film that has moved so many people on both sides may be the best response to war yet." *

LETTERS FROM IWO JIMA

Now playing in Bay Area theaters

For a discussion between Taro Goto and director Kiyoshi Kurosawa about Letters from Iwo Jima and the films of Clint Eastwood, please go to Pixel Vision at www.sfbg.com/blogs/pixel_vision.

The secret spies

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› tredmond@sfbg.com

To view the TALON documents in PDF format (524 pages) click here.


To view the full ACLU report click here.

The Pentagon has released to the Guardian and the American Civil Liberties Union 534 pages of documents reutf8g to domestic surveillance — and we don’t know much of anything new about the notorious Threat and Local Observation Notice (TALON) program.

The vast majority of the documents, released under the Freedom of Information Act, are entirely blacked out or heavily redacted. It’s clear there has been a lot of high-level discussion about policies and procedures related to military spying on civilians — but the government isn’t coming clean about more than a sliver of it.

One thing the records do show is that the Pentagon at one point had between 12,000 and 13,000 files in its TALON database — and 2,821 contained information about "U.S. persons." At least 186 of the reports in the files involved antiwar or antimilitary protests.

The Guardian and the ACLU went to federal court in 2006 to demand access to Pentagon records related to domestic surveillance after Santa Cruz Students Against the War and the Berkeley Anti-War Coalition compiled evidence to suggest that they had been the subject of TALON spying.

TALON was originally designed to monitor threats against military bases, but its mission expanded to encompass, for example, protests against military recruiters on the Santa Cruz campus. Pentagon officials admitted in December 2005 that the Santa Cruz student group was spied on under the TALON program.

In fact, documents we received earlier show that data about the student group were shared with the Department of Homeland Security and the Joint Terrorism Task Force, which works with local police agencies (see "No End to Pentagon Spying," 7/5/06).

Initial documents received last year showed that, as of early 2006, there were no clear rules barring the military from conducting surveillance on peaceful protesters. The new documents indicate that in January and February of that year top Pentagon officials ordered a review of procedures and set some restrictions on retaining files on people who were not considered imminent threats.

One document states that information on protesters "has not been provided by recruited sources of information" — in other words, the military wasn’t sending spies to watch protests — but concludes that "this statement is not intended to state that TALON reporting could not result from recruited sources or tasked personnel."

That only confirms what we had learned already: that there is no formal ban on armed forces personnel spying on protesters or planting sources inside peaceful groups or peaceful protests.

However, the operation seems to be winding down a bit. By June 16, 2006, one of the few uncensored documents shows, TALON reports had dropped by 80 percent.

It wasn’t easy to get even these highly censored records. The Guardian-ACLU request was stymied at first, and only after Federal Judge William Alsup on May 25, 2006, ordered an expedited review did the US Army, Navy, and Air Force begin to grudgingly release a few tidbits of information.

It’s astounding how heavily redacted the documents are. Page after page after page shows that high-level policy discussions around TALON and domestic surveillance were taking place at the Department of Defense in January and February 2006 — but military officials won’t reveal a bit about the nature of those talks or the policies that resulted.

"The amount of information that’s redacted is significant," ACLU police practices lawyer Mark Schlosberg noted. "We understand the need for certain information to be kept confidential, but discussion about policies involving domestic surveillance is something the public has a strong interest in." *

Preparing for nuclear attack

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By Tim Redmond

I grew up in the 1960s, the era of elementary school bomb drills and “duck and cover.” I thought we’d gone beyond all of that, but apparently not: i just received from the federal Department of Health and Human Services a “Wallet guide for the media” called “Preparing for terrorism and other public health emergencies.” It folds out into a nice handy tip sheet on what to do if we’re attacked by mustard gas, nerve gas, antrax or a number of other awful things. In most cases, of course, there’s absolutely nothing anyone can do except “immediately seek medical care.”

My favorite item, though:

“Nuclear device — powerful bomb involving splitting of atoms. Comes in various sizes and types, producing various levels of destruction.

“First actions: Do not look toward the explosion …. Lie on the ground and cover your head.”

Then bend over and kiss your ass goodbye.

Josh Wolf, petition denied, to remain in jail until July

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By Sarah Phelan
It looks like Josh Wolf, the jailed freelance videographer and blogger, will be stuck inside Dublin Federal Correctional Institute until July 2007.
That at least is the word from Wolf’s lead attorney Martin Garbus today, following news that the 9th Circuit has denied Wolf’s petition for a rehearing in USA v Josh Wolf.
Wolf’s legal team asked for a rehearing on the basis that the 9th Circuit court, which previously ruled that Wolf does not the right to withhold video outtakes of a July 8, 2005 anarchist protest turned violent, had however granted that privilege in the Jaffee case, when a police officer didn’t want the family of a fatal shooting victim to access notes from a series of counseling sessions that the officer in question underwent following the shooting.
Evidently, the 9th Circuit didn’t agree. Not only did it deny the petition and rule that the motion to reinstate bail is moot, it also wrote that “no further filings shall be accepted in this case.”
Sounds like Wolf will be playing lots of Scrabble and reading lots of books until next summer.
Meanwhile, Chronicle reporters Lance Williams and Mark Fainaru-Wade have yet to serve any jail time for refusing to testify before a federal grand jury that’s investigating who leaked them secret testimony of Barry Bonds, Jason Giambi and others in the Bay Area Laboratory Co-Operative scandal.
What’s ironic about this discrepancy between how the BALCO reporters and Wolf are being treated is that the feds could at least argue a connection to the BALCO case, whereas the protest that Wolf covered and which subsequently sparked their interest took place in San Francisco and should, by all rights, have been investigated locally.
Could it be that these differences are purely a case of the corporate media getting preferential treatment over freelancers? Perhaps. But questions as to whether reporters are shielded from revealing their sources date back to 1972, when US Supreme Court Justice Byron White ruled, in Branzburg v. Hayes, that reporters must answer relevant questions that are asked in a valid grand jury investigation.
Since then, judges largely ignored Branzburg, believing that it’s important to balance the First Amendment rights of journalists against the public right’s to know. But then came Bush, 9/11 and the “war on terror,” at which point First Amendment freedoms began to take a back seat.
Consider that in 2003, a federal appeals court, citing Branzburg, ordered Chicago Sun-Times and Chicago Tribune reporters to divulge recordings of interviews of a witness in a terrorism case. The same case was made in the federal investigation as to who leaked the name of CIA agent Valerie Plame, and New York Times reporter Judith Miller spent 85 days in jail in 2005 for refusing to testify in that case, which resulted perjury and obstruction of justice charges against Vice President Dick Cheney’s top aide, Lewis I. “Scooter” Libby. And this year, the US Justice Department has been investigating whether classified information was illegally leaked to the Washington Post about the secret CIA prisons in Eastern Europe, as well as who told the New York Times about President Bush’s secret plan to eavesdrop on Americans. All of which could be seen as an effort to suppress leaks to journalists.
To add to the confusion, accusations have been made in the BALCO case that it was the federal government which leaked the testimony to the Chronicle reporters. While those accusations have not been proven to date, the truth is that the feds certainly have benefited from the Chron’s revelations, given that Major League Baseball have subsequently adopted stricter steroid rules and the feds have been able to push through harsher penalties for steroid dealers.
What’s striking about the path to Josh Wolf’s incarceration is how he became the target of a federal investigation although his case had no obvious connection to the feds. So far, the feds have trotted out disturbingly vague arguments about how they should be involved because of alleged arson to a squad car that may or may not have been purchased with federal funds. But the truth is that arson was never proven and all the SFPD reports mention is a broken rear taillight, which Wolf’s mother has repeatedly offered to pay for, if that would get her son out of jail.
In fact, court filings show that the police’s real interest is finding out who attacked and seriously hurt an SFPD officer in the course of the protest—a valid concern and one that SF District Attorney Kamala Harris’ office should be handling. Instead, the feds were called in, triggering justifiable fears in Josh Wolf, who the FBI has questioned about his anarchist tendencies, that the real reason that he’s sitting in jail, is that the feds want him to release his video outtakes and identify the anarchists, who lifted up their ski masks and spoke directly into Josh’s camera, before the violence went down. And then there’s the fact that the portion of Wolf’s tape that he posted online at his blog and got picked up by several TV stations does not paint a flattering portrait of the police.
Interestingly, while Wolf has argued that journalists should not be forced into becoming investigative tools of the government, both the SFPD and the US Attorney General’s Office have voiced doubts to the Guardian as to whether Wolf is a “real” journalist, citing his direct involvement with the anarchist cause as well as the fact that he is not employed by a media outlet. These arguments should sound the alarm bells of freelancers nationwide.
Meanwhile, Wolf sits in jail, where he is only allowed 15-minute phone interviews with the media, thereby preventing live visual images and recordings of his voice to be aired across the nation, effectively blacking him out of the consciousness of all those who don’t get their news from the print media. And when the federal grand jury expires in July, there’s a chance that a new grand jury might demand that Wolf release his outtakes and testify or rot in jail for another year.
It’s a sad day for journalists, corporate and freelance, and the First Amendment.

Oh, Alejandro

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› a&eletters@sfbg.com
These days finesse in the art of montage is too often used to compensate for ineptitude (or just laziness) in the art of storytelling. Of course, rhythmic, Eisensteinian montage can be beautiful in itself and can even bear the weight of actual substance. Right now there is no more impressive practitioner of this particular skill than Alejandro González Iñárritu, who since his first feature, Amores Perros, has worked on the kinds of expansive, crisis-driven, crisscrossing stories that practically require cathartic crescendos of pure editorial bravado.
González Iñárritu doesn’t write his own screenplays (Guillermo Arriaga does), and the two features since Perros have credited others as editors. But Perros, 21 Grams, and the new Babel are so much of a piece — conceptually, thematically, stylistically — and the work his collaborators have done elsewhere is so dissimilar that there’s no doubting González Iñárritu’s all-controlling hand.
Anyone who works on so ambitious a scale risks missteps and unevenness. Babel is a teetering monument, and its plot is hole pocked as if made of Swiss cheese. Yet it’s also better shaped as a whole than Amores Perros and carries its burden of existential hand-wringing less pretentiously than 21 Grams. Mercifully, it abjures the latter’s jaundiced palette for Rodrigo Prieto’s full-bodied, naturalistic wide-screen compositions. There are individual passages that are as dazzling as anything onscreen this year. Perros told three consecutive Mexico City stories; Grams interwove three chronology-scrambled threads set mostly in New Mexico (though originally conceived for Mexico City). Babel sprawls across the globe, tenuously linking tales of culture shock in Mexico, Japan, and Morocco.
The last is where San Diegan professionals Brad Pitt and Cate Blanchett have gone for reparative alone time. They’re about to reconcile, maybe, when a stray bullet from a young goatherd’s gun strikes their tour bus. The panic among fellow passengers and impact on innocent locals are ramped up by international media attention on this “terrorist act.”
The same couple’s two preschool children are back in San Diego with Mexican housekeeper-cum-nanny Amelia (Adriana Barraza). She’s willing to go the extra mile when the globe-trotting parents get in trouble — but not, when those troubles drag on, to miss her own son’s wedding. Amelia finally decides to take her towheaded charges across the border, with reckless nephew Santiago (Gael García Bernal) as their most untrustworthy chauffeur.
Ultimately connected to these dramas by the thinnest of threads, a third strand centers on deaf-mute Tokyo teen Chieko (Rinko Kikuchi). Her mother is dead, her CEO father distant. Further alienated from the speaking world, Chieko plunges into raver postures of wannabe nymphomania that are by far Babel’s least convincing or pointed ploy. Still, they engender the movie’s most exhilarating montage — an ecstasy-propelled joyride that arcs from desire to bliss to aftermath, only slightly overdoing the audio on-off effects meant to capture the nonhearing experience.
What is González Iñárritu saying here? Why are the near-death experiences of American yuppies straying outside their home safety zone — in nations painted as menacingly chaotic, even the director’s native Mexico — more vivid than the travails of residents? Surely that’s not González Iñárritu’s intention, but the star power of Pitt and Blanchett and the pixie perils endured by their fictive kids tend to tip the scales in that direction. In interviews the director says what he thought would be a movie about cultural differences ended up being about subjects — family, parenting, compassion — that unite all people. Babel does gesture thataway, yet its primary emphasis is on crisis creation and ambulance chasing. Hot-button issues like terrorism, illegal immigration, and US imperialism are diversionary flags González Iñárritu waves without actually signaling anything.
Among filmmakers working in this fashionable crazy-quilt-of-humanity genre, many less talented ones are even more convinced they’re making an important statement about life. Babel is so accomplished and urgent as spectacle that maybe it’s folly to expect more than the rewards of an engrossing, sweeping surface. Babel might not be a great movie, but you can’t watch it without knowing González Iñárritu will someday make one. SFBG
BABEL
Opens Fri/3 at Bay Area theaters
See Movie Clock at www.sfbg.com for theaters and showtimes
www.paramountvantage.com/babel
For Cheryl Eddy’s interview with director Alejandro González Iñárritu, go to www.sfbg.com/blogs/pixel_vision.

Assassin fascination

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› cheryl@sfbg.com
Four presidents have been killed in office: the two you hear about (Abraham Lincoln and John F. Kennedy) and the two you kind of don’t (James A. Garfield and William McKinley). But any time a political figure meets a violent death, post-traumatic stress can echo through generations — particularly because Hollywood is so fond of assassination cinema. Oliver Stone’s JFK is the most exhaustive example but certainly not the first; John Wilkes Booth pops up in 1915’s Birth of a Nation.
You don’t even have to be president to get your own assassination narrative (see: this fall’s Bobby) or be a successful target, for that matter. The Assassination of Richard Nixon spun would-be Tricky Dick killer Samuel Byck into a Travis Bickle–by–way–of–Sept. 11 man with a twisted take on the American dream. Fictitious films like Nashville and The Manchurian Candidate also pick up the assassination thread; Taxi Driver went one further by actually inspiring John Hinckley Jr. to take aim at Ronald Reagan.
Images of Reagan’s shooting outside the Washington, DC, Hilton clearly influenced Gabriel Range’s made-for-British-television mock doc Death of a President, by my count the first to imagine the death of a sitting president. The murder takes place Oct. 19, 2007, outside a Chicago hotel surrounded by angry antiwar protesters. Actors playing secret service agents, speechwriters, and sundry witnesses recall their experiences; the events themselves unfold via staged and real footage, some massaged with special effects to make the holy shit! moment as authentic as possible.
But the holy shit! is what you expect — and once Death of a President segues into the President Dick Cheney era, it assumes the far less salacious task of exposing post-9/11 America’s darker corners. A Muslim man is nabbed for the crime; his home country of Syria is taken to task as the FBI scrambles to make a motive out of terrorism. PATRIOT Act Three is passed. Civil liberties become even more restricted. But is the suspect really the killer? Is he a patsy? Or is he guilty only of wrong time, wrong place, wrong race?
In many ways, Death of a President resembles The Confederate States of America — a fake TV doc beamed from a reality where the South won the Civil War — rather than its assassination-obsessed cinematic predecessors. This, despite all the controversy surrounding the film’s sensational suggestion that someone might think the world a better place with Bush in the grave. Ultimately, Range is more interested in using Bush’s untimely death as a way to address issues that already exist in 2006, notably the lose-lose repercussions of a hopeless, never-ending Iraq war. Alas, there’s nothing shocking about that. SFBG
DEATH OF A PRESIDENT
Opens Fri/27
Lumiere Theatre
1572 California, SF
(415)267-4893
Shattuck Cinemas
2230 Shattuck, Berk.
(510) 464-5980
www.deathofapresident.com

Death by satire

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› annalee@techsploitation.com
TECHSPLOITATION In honor of George W. Bush’s efforts to stop torture by setting up secret CIA prisons and promote freedom by expanding government surveillance powers, I think we should spend a few days contemputf8g another great thing this administration has done for the world: it has reinvigorated political satire.
What was The Daily Show before the USA PATRIOT Act? And where would international pranksters the Yes Men be today without this administration’s asshattish policies?
Thanks to the Internet, satire can be instant and lethal. Certainly it’s not always pretty, but it’s more effective as social criticism than it was in an era before jesters could respond within hours to current events and broadcast their pranks globally.
I’m still a big fan of the widely condemned fake execution video made by three San Francisco multimedia geeks in 2004. Benjamin Vanderford, who plays experimental music in several bands, decided to make the video in response to the media hysteria around the Nick Berg execution video. He’s said that the video wasn’t a partisan protest of the war itself, but instead a wake-up call to the media, which he criticized on his Web site (videohoax.ctyme.com) for doing “no fact-finding” and being so “centralized” that they’ll reprint anything from Reuters or the Associated Press without verifying it.
With the help of Laurie Kirchner and Robert Martin, Vanderford filmed himself tied up in a dingy room as if he’d been kidnapped in Iraq. He stated his real name and address and urged the United States to get out of Iraq. Islamic chants played in the background, and every few seconds a picture of a grisly execution appeared. “We need to leave this country alone or all of us will die like this,” Vanderford said before the video cut to a grainy image of somebody sawing his head off with a butcher knife.
He and his buddies made the video available on their hard drives to anyone using the P2P networks Kazaa and Soulseek. Because the Berg execution video was all over the news, thousands of people were scouring P2P networks for anything with the word “execution” in the title. The video soon turned up on an Islamic Web site, which is how the US media got wind of it. AP and several papers published stories about the video without ever bothering to look up Vanderford, verify his existence, or check the address he used in the video (which was his real home address).
Sure, the message was ugly and the video is actually quite disturbing to watch. But it was the very best kind of social satire — it proved Vanderford’s point that the media were so eager to lap up any news that could feed the terrorism frenzy that they weren’t bothering to do even the most rudimentary fact-checking. Of course, the news outlets whose shoddy practices had been unmasked by this prank were quick to condemn Vanderford and cover their asses. Fox ran a bogus segment featuring a “legal adviser” who said Vanderford had broken the law (he hadn’t), and AP deputy editor Tom Kent claimed that his organization did eventually check the veracity of the tape by “banging” on Vanderford’s door at 4 a.m. and filming him in his underwear answering questions about the hoax (you can see clips of this seminaked interview online).
Possibly the stupidest responses to the hoax came from people who claimed that it hurt people and therefore Vanderford and pals should be punished. Stanford professor of communications Ted Glasser told the San Jose Mercury News that releasing the video was “like bombing a building to see if security measures are in place.” Despite the foolishness of this comment, it reveals how strongly people are affected by well-aimed satire.
I’d rather watch a dozen fake execution videos if it would make the media more careful about buying into government and corporate propaganda. I live for the day when satire is like bombing a building — because nobody actually bombs anyone anymore.
See, that’s the beauty of satire — it hurts, but only in your conscience. SFBG
Annalee Newitz is a surly media nerd who can’t wait to watch videos of the Yes Men masquerading as HUD officials in New Orleans.

Five years after

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EDITORIAL Here’s the painful but undeniable truth: five years after a pair of airplanes flew into the Twin Towers in New York, killing almost 3,000 people, the world — and the United States — is a decidedly less secure place.
Sure, would-be terrorists can’t carry box cutters (or toothpaste) onto planes anymore. It’s harder to open cockpit doors. Some flights have fully armed undercover air marshals on board. Security screeners make passengers take off their shoes.
But the nation is bogged down in a deadly, pointless war, the Middle East is a powder keg — and all over the globe, the United States is increasingly seen as an enemy.
Simon Jenkins, writing in the Guardian of London on Sept. 11, described a fanciful interview with Osama bin Laden, in which he asked the secretive al-Qaeda leader how he was doing five years after the attacks. Fine, bin Laden says: the United States could have turned the attacks into a rallying point against terrorism but did exactly the opposite.
“Bin Laden need not have worried,” Jenkins wrote. “He would agree, as did the CIA’s al-Qaida analyst in Peter Taylor’s recent documentary, that the Americans have done his job for him. They panicked. They drove the Taliban back into the mountains, restoring the latter’s credibility in the Arab street and turning al-Qaida into heroes. They persecuted Muslims across America. They occupied Iraq and declared Iran a sworn enemy. They backed an Israeli war against Lebanon’s Shias. Soon every tinpot Muslim malcontent was citing al-Qaida as his inspiration. Bin Laden’s tiny organisation, which might have been starved of funds and friends in 2001, had become a worldwide jihadist phenomenon.
“I would ask Bin Laden whether he had something special up his sleeve for the fifth anniversary. Why waste money, he would reply. The western media were obligingly re-enacting the destruction and the screaming, turning the base metal of violence into the gold of terror. They would replay the tapes and rerun the footage ad nauseam, and thus remind the world of his awesome power…. As for European support for America’s world leadership, that has plummeted from 64% in 2002 to 37% this year.”
This will be the enduring historical legacy of the Bush administration: At last count, 2,996 dead or presumed dead at the World Trade Center. At last count, 2,668 US soldiers dead in Iraq. At least 41,650 civilian casualties of that war.
The goodwill of the world squandered. Endless enemies all around. And every Republican running for reelection to Congress will have to deal with that. SFBG

Welcome to the nightmare

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MEXICO CITY (Sept. 14th) – In an epiphany of how he might have to govern Mexico if, in fact, an aggrieved left opposition allows him to assume the presidency December 1st, right-winger Felipe Calderon had to be helicoptered to the bunker in the deep south of this conflictive capital, where the nation’s top electoral tribunal doing business as the TRIFE was to hand him the certificate attesting that he had, in the judges’ less-than-august opinions, won the hotly-contested July 2nd election from leftist Andres Manuel Lopez Obrador (AMLO.).

Upon emerging from the chopper, which had been accompanied by a military gunship, the stubby, balding Calderon, his eyes darting like the proverbial deer caught in the headlights, was quickly hustled into the TRIFE headquarters by the back door, a full 90 minutes before the actual ceremony was to commence, a subterfuge necessitated by the presence by thousands of AMLO’s enraged supporters, some of whom had already stripped naked.

Calderon’s witnesses – members of his campaign team and functionaries of the archly-rightist PAN party who had the misfortune to arrive by land — were greeted by clods of earth and screams of “Rateros!” (Thieves) and “Fraude!” (Fraud.) The ritual unfolded under a steady barrage of rotten eggs and tomatoes that AMLO’s people kept hurling at the TRIFE bunker, a kind of Aztec version of a U.S. missile silo, to express their unhappiness with the seven-judge panel that had neither heard nor seen any evil in the maladroit machinations of President Vicente Fox, the Federal Electoral Institute (IFE), and the PAN to steal the election from their candidate.

On September 5th, just hours before the constitutional deadline for confirming the next president of Mexico, the TRIFE had finally handed down its eagerly anticipated decision. In the learned justices’ unanimous judgment, outgoing president Vicente Fox’s unconstitutional intromission in the electoral campaign on behalf of Calderon had put the validity of the July 2nd balloting “at risk.”

Moreover, months of venomous anti-AMLO hit pieces designed by U.S. carpetbagger Dick Morris that labeled Lopez Obrador a DANGER to Mexico in big red letters “unquestionably” impacted the results and were illegally financed by big business councils that included such transnationals as Wal Mart and Halliburton, a patently criminal act.

In addition, the election was riddled with “arithmetic mistakes.” The TRIFE’s own recalculation of the actual vote count, effected by its much-maligned twin the IFE, demonstrated beyond a shadow of a doubt that Calderon had been credited with hundreds of thousands of votes that could not be substantiated by the number of ballots inside the ballot boxes. A partial recount of 9.7% of the 130,000 “casillas” (precincts) had turned up a total of 237,000 questionable votes that the TRIFE had chosen to annul, a quarter of those cast in the sample, and more than Calderon’s supposed margin which had been reduced to 233,000 out of a total 41.5 million cast.

Having duly noticed these egregious outrages, the seven judges concluded that they could not calibrate the impact of such organized criminal activity upon the final outcome and awarded the presidency to one Felipe de Jesus Calderon Hinojosa to the great delight and immediate congratulations of Mexico’s masters in Washington D.C.

Did the TRIFE go into the tank? Three of the justices are expected to be promoted to the Mexican Supreme Court when and if Felipe Calderon takes over the presidency. A fourth, Alejandro Luna Ramos, who will remain at the helm of the electoral tribunal, is a business partner of PAN topdog “El Jefe” Diego Fernandez de Cevallos – El Jefe won millions for the Ramos family from the Mexico City government before AMLO became mayor in a shady land deal involving the site of the Aztec football stadium. A Ramos sister sits on Mexico’s Supreme Court.

Lopez Obrador has suggested that the judges were willing recipients of “canonazos” (cannonades of pesos) to help them better contemplate the “validity” of the election. Porfirio Munoz Ledo, a hoary political chameleon who was Fox’s ambassador to the European Union, describes a post-electoral huddle at the home of Chief Supreme Court Justice Mariano Azuela, a Fox ally, where the Presidente warned the “TRIFitos” that should they declare the election null and avoid due to the overwhelming evidence of fraud, the Mexican economy would collapse and anarchy would reign in the streets. Although Munoz Ledo is an unsavory sort, his sources are usually impeccable.

Now that the TRIFE has legitimized the fraud, the IFE brain trust under the beady gaze of the chief architect of the July 2nd debacle, Luis Carlos Ugalde, is moving quickly to destroy the evidence. Following the modus operandi established after the stolen election of 1988 when the then-ruling PRI in connivance with the PAN ordered the ballots to be burnt by the military, the IFE has refused petitions from 16,000 suspicious subscribers to PROCESO magazine and a blue-ribbon commission of prominent members of the civil society to allow them to conduct a citizens recount of the ballots that are now, once again, under the protection of the military. Never! Ugalde and his mafia scoff. The ballots are “inviolable!” “The property of the people!”

But, on the other hand, the ballots are not “documents” open to public scrutiny as guaranteed by law, the IFE contends, and therefore are eminently “burnable” under current electoral stipulations. Ugalde’s ruling was described as “metaphysical” by National University law professor John Ackerman. According to the IFE’s hypothesis, the ballots were “documents” before they were marked by the voters but now they have been reduced to symbolic “expressions of the people’s will” and thus are candidates for the incinerator.

AMLO is sworn to preventing a repeat of the 1988 flimflam and his people are pleading with Azuela’s Supreme Court to stay the December date set for the burning – after all, an Ohio court just stepped in to save what ballots remain from Bush’s stealing of that state’s electoral votes in the smarmy 2004 presidential balloting. Not without a certain sense of déjà vu all over again, the final arbiter in this dispute may well be (who else but?) the TRIFE.

As illustrated by his armed airlift to the TRIFE silo, Felipe Calderon has a problem meeting the people he intends to govern over the next six years. In his first junket as president-elect, Fecal (as his detractors have dubbed him) took a sentimental journey to his native Morelia, the capital of the narco-ridden western state of Michoacan, where he was scheduled to lay a wreathe at the feet of that city’s namesake, Jose Maria Morelos y Pavon, a black defrocked priest who led the guerrilla war against the Spanish Crown several centuries before the 44 year-old Calderon first slithered from the darkness of his PANista mother’s womb.

Calderon’s family on all sides is a founding pillar of the PAN, an Opus Dei-like creature of Catholic bankers formed to denigrate Mexico’s beloved depression-era “Bolshevik” president Lazaro Cardenas, also a Michoacan native whose grandson, also Lazaro Cardenas, now besmirches that hallowed name as governor. Indeed, Calderon ‘s trip to Michoacan was designed to split Lopez Obrador’s three-party Coalition for the Good of All – young Cardenas is titularly a member of the PRD, AMLO’s home party, founded by his father Cuauhtemoc after he was swindled out of the presidency in 1988.

But Felipillo never made it to Morales’s feet (the good padre probably exhaled a sigh of relief). Hundreds of AMLO’s faithful tore down the barricades, tossed the usual rotten eggs and tomatoes at Calderon’s entourage, battled Cardenas’s state police and the elite Presidential military guard, and generally made the venue so unsafe that the wreath-laying had to be called off and the president-elect sped into a nearby locked-down convention center for a speech to a carefully-culled audience of “perfumados” (literally the perfumed ones.)

The draconian security measures at the convention center – sniffer dogs, metal detectors, pat-down searches – were not unwarranted. On the eve of Calderon’s confirmation, in Michoacan’s second city Uruapan, the capital of the state’s “hot lands” where drug cropping accounts for the whole economy, a ski-masked commando burst into a local dance hall, forced the patrons to lie face down on the dance floor under pain of being Swiss cheesed by the automatic weapons they were waving convincingly, and carefully removed five severed human heads from black plastic bags which they artfully arranged in the center of the “pista” (dance floor) with the accompanying message: “the family does not kill for money. It does not kill women. It does not kill innocents. Those who deserve to die, die. Justice is divine.”

This country has been visited by unspeakable acts of narco-terrorism in the months that Calderon has been blaspheming Lopez Obrador as “a DANGER to Mexico” (thanks Sasha for this observation). Such beheadings are now a regular feature of the cityscapes in Acapulco and Tijuana. Corpses are strewn in Baghdad-sized numbers each month in the rural outback of Sinaloa, Jalisco, Guerrero, Michoacan, and Chiapas. Judges are gunned down on their way to court at La Palma, Mexico’s maximum narco-lockup – published reports speak of a “psychosis of fear” spooking the nation’s judiciary. The brains of industry and the stock market are not immune from being splattered all over the street. Last week, the top official of a privatized customs agency part-owned by Fox’s financial secretary Francisco Gil, was cut down by professional hit men on a busy Mexico City street as the end-of-the-administration chickens begin to come home to roost. La Jornada, the left daily, has even gone on “suicide” watch – officials often blow their brains out or sever their veins with box cutters at such moments in the Mexican political dynamic.

The TRIFE’s confirmation of the stealing of the 2006 election has generated an avalanche of accolades for Felipe de Jesus – Bush and his crony ambassador Tony Garza were first in line to extend their congratulations all over again (they did so hours after the deeply flawed preliminary vote count came in July 2nd.) Spain’s Rodriguez Zapatero and his pals at REPSOL were right behind, looking to get in on the ground floor of the fire sale of privatization Calderon has pledged for PEMEX, the once-nationalized state petroleum enterprise. The U.S. State Department’s “democratic” answers to Hugo Chavez and Evo Morales, Alan Garcia and Oscar Arias, along with Salvador’s fawning Tony Saca chimed in. Improbably, so did Nestor Kirschner – can Fidel and Lula be far behind?

But to my ear, the most appropriate toast to Felipe Calderon ‘s confirmation as the next president of this dangerous neighbor nation was one that was not sounded (at least not yet.) In 1994, after Ernesto Zedillo had finally relieved the reviled Carlos Salinas at the wheel of state, the still missing-in-action Subcomandante Marcos scribbled salutations to the new prez that began, much as does this chronicle, “Welcome to the Nightmare.”

This past Sunday, Lopez Obrador’s weekly packed-as-usual revival meeting in the Zocalo transpired parallel to Felipe Calderon’s “victory” celebration, held appropriately enough in a bullring in an affluent district of the capital. AMLO’s numbers as always dwarfed his diminutive rival’s – the PAN reportedly padded out the crowd by requiring the compulsory attendance of Catholic school children and their parents. and the wealthy burghers in the south of the city were said to have obligated their servants to attend.

While the President-elect swore vengeance on his enemies across town, AMLO did not. As always, he let his furious flock call Fecal bad names but eschewed even mentioning his rival. Lopez Obrador had other plans. The seven week, seven mile encampment of his followers that so vex upper and middle class “capitolinos” would stay in place through Friday night, September 15th, the eve of Mexican Independence Day when AMLO intends to deliver the “Grito” of “Viva Mexico!” to the multitudes gathered in the great square, an honor reserved for the President of Mexico.

But rather than challenging the Mexican military, AMLO’s people will then dismantle their encampments and retreat from the Zocalo for 12 hours to allow the Generals and Admirals to conduct their traditional Independence Day parade. “The army belongs to the people, not the government – we have no argument with this institution,” AMLO explained seeking to mollify his militants who are reluctant to step back. “Many members of military families voted for us July 2nd. And besides the troops are so badly paid that they can’t even support their families.”

Once the military procession which always features tanks and jet fighter planes is done with – Vicente Fox will wave it on from a balcony of the National Palace and receive it at the newly refurbished (by the PRD Mexico City government) Angel of Independence – an expected million delegates to Lopez Obrador’s National Democratic Convention (CND) will retake the Zocalo and sit in session to install AMLO as the legitimate president of Mexico.

But Fox, who was prevented from delivering his State of the Union address to congress September 1st when Lopez Obrador’s senators and deputies stormed the tribune, is said to be obsessed with decrying his final Grito from the presidential balcony overlooking the Zocalo. Cornered between his hubris and personal ambition for a notch in history, and the huge angry crowd seething in the plaza below, the outgoing president could make a fatal mistake by turning the military and/or the military police on AMLO’s people to force them out of the Tiennemens-sized square that sits at the heart of Mexico’s political life, a move that indeed invokes both Tiennemens and Tlatelolco where in 1968 hundreds of striking students were massacred by the paranoid, anti-communist president Gustavo Diaz Ordaz, and a wound that has never closed here.

As Sub Marcos so eloquently waxes: “Welcome to the Nightmare.”

John Ross’s “ZAPATISTAS! Making Another World Possible – Chronicles of Resistance 2000-2006” will be published in October by Nation Books and the Blindman will set out on a tour of the left coast from border to border and beyond to flog it. But before the flogging comes the honeymoon. Sasha Crow and John Ross (they met while human shielding in Baghdad) will be traveling in Turkey and Greece for the next few weeks.

Terrorizing the peace marches

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› gwschulz@sfbg.com
If any questions remain today as to how the law enforcement establishment views antiwar activists in the post–Sept. 11 world, just follow the money for answers.
The San Francisco Police Department was paid $3.3 million from the US Department of Homeland Security to cover overtime costs for officers who patrolled the major antiwar demonstrations of early 2003.
After months of haggling, the Governor’s Office of Homeland Security finally turned key records over to the Guardian. They showed that the money came from a federal “critical infrastructure protection” grant and covered police overtime costs that were incurred by the city between March 2003 and October 2004.
The overtime payments concentrated mostly on more than two weeks’ worth of large protests that occurred in San Francisco around the outset of the war in Iraq. On March 23, 2003 — the first full day after the war began, when the city was nearly shut down by the demonstrations and there were nearly 2,000 arrests — the overtime costs covered by terror money alone reached nearly $800,000.
Other days’ payment ranged from $5,000 to as much as $500,000. Most of the Police Department records included in one file the Guardian obtained describe the events as “anti-war demonstrations,” but one protest is identified as an “alternative bicycle event,” while another is listed as a “Global Exchange Protest of Fox News.”
To obtain the federal antiterror funding, local governments must first spend their own money and follow up with a request for reimbursement from the feds. While the critical infrastructure protection grant exclusively covers overtime expenses, the records we obtained happen to show the full amounts motorcycle patrol officers earned to work the protests: sometimes up to $80 an hour.
San Francisco already pays out millions of dollars annually for overtime expenses from the city’s General Fund to cover chronic staff shortages at the Police Department. The San Francisco Office of the Controller predicted in March that overtime expenditures generated by the department would climb to around $20 million by the end of fiscal year 2005, $7 million more than the year before.
During the spring budget process, police officials asked the city for $12.5 million to send 250 new wannabe cops through academy classes. But the department hopes to hire 350 to 400 more sworn and nonsworn employees over the next three years. Mayor Gavin Newsom made new police recruitments a top priority in his proposed budget for fiscal year 2006–07.
In 2003, the San Francisco Chronicle reported that then-mayor Willie Brown intended to cover some of the costs of the city’s widely publicized antiwar protests through federal terror funds. An agreement for the total award between San Francisco and the state, which administers the federal funds, was signed in August 2003 by former budget director Ben Rosenfield, who worked for the both Brown and Mayor Newsom. Spokespeople for Newsom and the Police Department did not answer our inquiries in time.
At the time of the protests, Brown seemed to really stretch in his attempt to link them to a terrorism threat. According to the Chronicle, Brown said, “Terrorists could use the demonstrations as a ‘cover’ to get near the bridges or targeted buildings in the Financial District or Civic Center area.” (G.W. Schulz)

Weaponizing data

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› annalee@techsploitation.com
TECHSPLOITATION I was in front of a computer when the Twin Towers went down. The morning light flooded Charlie’s tiny studio apartment kitchen, where she’d parked her computer desk in a spot that another person would have used for a breakfast nook.
“Holy shit,” she said. “Look at the Washington Post!” I stared blearily at the monitor, coffee mug in my hand, and saw pictures of smoke. Charlie continued clicking and clicking on news. It was everywhere: live streams and up-to-the-second photographs of the towers as they burned.
One had fallen. Then the other one did. That morning we consumed hundreds of images and lines of electronic text, at the edge of a future I couldn’t fathom. Shit was going to happen, that’s all I knew.
My phone rang an hour later: it was Ed, whose plane from Japan to San Francisco had been diverted to Vancouver. No planes were entering or leaving US airspace.
What happened in geographical space was just the thin end of the wedge.
Shifts more dramatic than anything I could have imagined occurred on our electronic communication networks. The phone system and the Internet formed a new ground zero, a place where “fighting terrorism” became a force more socially disruptive than terrorism itself.
In the weeks that followed, flags and half-baked, vengeful ideas
spattered the mediascape online. ISPs allowed the government to install “carnivore” devices on network backbones, thus allowing the government to eavesdrop on everybody’s Internet traffic. Passage of the USA-PATRIOT Act allowed law enforcement to send secret subpoenas to online service providers for information about their customers.
Those of us critical of the US policies that led to the attack literally whispered to each other about it. We were afraid to say what we thought of the government crackdowns.
Something changed the Internet forever during the surreal years after the attack on the World Trade Center, when we went to war with a country whose citizens and leaders had nothing to do with what happened on September 11, 2001. Data mining was weaponized.
The ability to track hidden information patterns in vast piles of
unsifted data, once the purview of obscure academic articles and some start-ups with weird names like Inktomi and Google, became the touchstone of government efforts to track down terrorists. If a lack of intel is what allowed the terrorists to get us, then by gum, the spooks were going to get as much intel as they possibly could.
As a result, we got John Poindexter pushing misguided programs like Terrorism Information Awareness (TIA), which would allegedly be a giant computer operation in which all the data in the universe would be crunched and “patterns” would emerge to lead government agents to dens of bomb-making bad guys. It also led to the NSA’s now infamous (and probably illegal) surveillance of all the telephone and Internet data passing through AT&T’s wires — as well as the wires of several other major network providers.
Both of these programs rely on the idea that you can find a terrorist
needle in a haystack of data. And both were made far more dangerous by the rise of consumer products like Gmail, Flickr, and MySpace — giant databases of personal information, often tagged with keywords for easy searching. As many pundits (including myself) have said, we’re creating our own surveillance treasure trove.
But what that analysis leaves out is something near and dear to the
American spirit: the people have weapons too. It isn’t just the
government that can turn data mining into a weapon. The citizens can do it too, often better. And so the years since the Sept. 11 attacks have witnessed a blooming of what Dan Gillmor calls “citizen journalism.”
When the mainstream media wouldn’t report what was going on, people turned to alternative sources of news, including online sources. Bloggers became the new investigative reporters.
The groundwork laid by these subversive data miners continues today. The community of online journalists and researchers revealed that an AP photo of the fires in Beirut had been doctored. Bloggers sounded the alarm when upstart photographer Josh Wolf was arrested for refusing to hand over to police video he’d taken of a G-8 protest in San Francisco.
It’s no accident that the rise of blogging coincides with the rise of
government surveillance online. The people are watching too. SFBG
Annalee Newitz is a surly media nerd who is watching the watchers.

Bailed Wolf worries proposed federal reporter’s shield laws won’t protect independent press

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By Sarah Phelan
Like a mole emerging from a hole, bespectacled freelance journalist Josh Wolf squinted into the September sunlight, as he stood on the steps outside the U.S. Court of Appeals 9th Circuit building on Seventh Street in San Francisco. It was the 24-year-old’s first taste of freedom after a month-long stint inside Dublin Federal Correctional Institute for refusing to give a federal grand jury video outtakes of an anarchist protest turned violent.
During his stretch at Dublin, Wolf was only able to breathe fresh air for an hour each day, and he looked as if was relishing the feeling of the sun on his skin, as he voiced his belief that what should have been a SFPD investigation into an assault on an officer, turned into a federal witch hunt, which so far has involved the FBI, the Joint Taskforce on Terrorism, a grand jury—and the thousands of tax payers’ dollars to prosecute and jail him.
As Wolf, who’d traded prison dudes for black jeans, blue shirt and white sneakers, began to speak, jackhammers went off across the the road, as if some evil mastermind was making a last ditch effort to censor the truth. The crowd of camera wielding, microphone-holding paparazzi pressed closer, as Wolf expressed his hope that the 9th Circuit’s decision to grant him bail was a positive sign. (A month earlier, District Court Judge Alsup denied Wolf bail, calling his case “a slamdunk for the federal government.”)
“The late Senator Paul Wellstone once said that significant social change comes from the bottom up,” said Wolf, who hopes his case will ultimately help cement the rights of the independent, as well as those of the traditional, media. Expressing concern that the federal shield laws that are currently on the table “do not encompass people who meet my criteria,” Wolf critiqued the proposed laws for only protecting those who are employed by or under contract with an established media outlet.
‘There should be a common law to protect journalists,” he said, voicing the belief that anyone who is involved in gathering and disseminating news and information is a journalist, whether they are paid for their activities or not.
“I am a journalist, I have a website, I’ve sold footage, including to MichaelMoore.com,” said Wolf, who worries that proposed federal reporter shield laws will create two classes of journalists, those that report and get paid, and those that do it out of volition. “It will create a corporatocracy in which only corporations are media,” he said. “It goes against the idea of a free and independent press.”
He also critiqued what he saw as an increasing abuse of grand juries, which were established to protect the rights of those accused, but increasingly appear to resemble military tribunals and are used so the feds to secretly coerce and investigate targets.
“There is no means that any extended stay in jail is going to bring about a coercive effect,” said Wolf, who believes the case of former New York Times journalist Judith Miller, as well as those of the two BALCO reporters from the San Francisco Chronicle who still face jail time, helped publicize his plight, as well as the blogosphere.
‘It’s egregious that the feds took up an investigation into an assault in a SFPD office,’ said Wolf, who believes that the alleged arson to a SFPD car was used as a hook, simply because SFPD receives federal funds.
“In my tape you hear someone yell, ‘Officer Down!’ That’s the extent of it,” said Wolf, in reply to the question of what interest the feds could possibly have in his clips on the cutting room floor.”
“I don’t want my case to be a reason why people don’t get involved in grassroots journalism,” he said,a cknowledging that his case shows there are risks, “An individual can decide what’s important and truly change thw world we live in,” he said, comparing that freedom to the restrictions imposed on journalists who work for corporate media.”
To help freelancers, Wolf would like to see more information out there on what independent journalists should do if they are subpoenaed. “Know your rights and how to protect them,” he advised.
By the way, when was the last time that an assault on a SFPD triggered a federal investigation, involving the FBI, the JTTF, a grand jury and a reporter doing jail time?

Bailed Wolf worries federal shield laws won’t protect independent press

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Like a mole emerging from a hole, bespectacled freelance journalist Josh Wolf squinted into the September sunlight, as he stood on the steps outside the U.S. Court of Appeals 9th Circuit building on Seventh Street in San Francisco. It was the 24-year-old’s first taste of freedom after a month-long stint inside Dublin Federal Correctional Institute for refusing to give a federal grand jury video outtakes of an anarchist protest turned violent.
During his stretch at Dublin, Wolf was only able to breathe fresh air for an hour each day, and he looked as if was relishing the feeling of the sun on his skin, as he voiced his belief that what should have been a SFPD investigation into an assault on an officer, turned into federal witch hunt, involveing the FBI, the Joint Taskforce on Terrorism, a grand jury—and the thousands of tax payers’ dollars to prosecute and jail him.
As Wolf, who’d traded prison dudes for black jeans, blue shirt and white sneakers, began to speak, jackhammers went off across the the road, as if some evil mastermind was making a last ditch effort to censor the truth. The crowd of camera wielding, microphone-holding paparazzi pressed closer, as Wolf expressed his hope that the 9th Circuit’s decision to grant him bail was a positive sign. (A month earlier, District Court Judge Alsup denied Wolf bail, calling his case “a slamdunk for the federal government.”)
“The late Senator Paul Wellstone once said that significant social change comes from the bottom up,” said Wolf, who hopes his case will ultimately help cement the rights of the independent, as well as those of the traditional, media. Expressing concern that the federal shield laws that are currently on the table “do not encompass people who meet my criteria,” Wolf critiqued the proposed laws for only protecting those who are employed by or under contract with an established media outlet.
“There should be a common law to protect journalists,” he said, voicing the belief that anyone who is involved in gathering and disseminating news and information is a journalist, whether they are paid for their activities or not.
“I am a journalist, I have a website, I’ve sold footage, including to MichaelMoore.com,” said Wolf, who worries that proposed federal reporter shield laws will create two classes of journalists, those that report and get paid, and those that do it out of volition. “It will create a corporatocracy in which only corporations are media,” he said. “It goes against the idea of a free and independent press.”
Wolf also critiqued what he saw as an increasing abuse of grand juries, which were established to protect the rights of those accused, but increasingly appear to be used by the feds to secretly coerce and investigate targets.
“There is no means that any extended stay in jail is going to bring about a coercive effect,” said Wolf, who believes the case of former New York Times journalist Judith Miller, as well as those of the two BALCO reporters from the San Francisco Chronicle who still face jail time, helped publicize his plight, as did the blogosphere.
‘It’s egregious that the feds took up an investigation into an assault in a SFPD office,’ said Wolf, who believes that the alleged arson to a SFPD car was a hook, allowing the feds in simply because SFPD receives federal funds.
“In my tape you hear someone yell, ‘Officer Down!’ That’s the extent of it,” said Wolf, in reply to the question of what interest the feds could possibly have in his clips on the cutting room floor.
“I don’t want my case to be a reason why people don’t get involved in grassroots journalism,” he said, acknowledging that his case shows there are risks involved. “But an individual can decide what’s important and truly change the world we live in,” he said, comparing that freedom to the restrictions imposed on journalists who work for corporate media.”
To help freelancers, Wolf would like to see more information out there on what independent journalists should do, if they are subpoenaed. “Know your rights and how to protect them,” he advised.

The attack on public housing

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OPINION If the Bush administration has its way, conditions for San Francisco’s public housing residents are about to get much worse.
The San Francisco Housing Authority, which operates 6,000 units of public housing, is facing a $7 million shortfall this year due to Republican-led cuts to the Department of Housing and Urban Development (HUD) budget. Congress has already cut the public housing budget by $1 billion since 2001 and has now created a $300 million shortfall in operating funds for already cash-strapped public housing agencies. As a result, agencies will receive 85.5 percent of what they need. But that’s not all. The president’s proposed budget for 2007 guarantees that funding will drop again to (at most) 80 percent of the need.
San Francisco will be one of the hardest-hit housing authorities. That’s because HUD uses a nonsensical funding formula that unfairly cuts funds to some agencies while providing increased funding for others.
The impact of these budget cuts is alarming, as agencies try to do more with less. Housing authorities across the nation are being forced to cut back vital tenant services such as security and maintenance.
The impact on San Francisco’s public housing residents will be nothing short of disastrous. The housing authority will now have to operate with only $342 per unit (down from $454).
Since Bush took office, per unit funding has declined sharply, from $585 in 1999; combine that with rising housing costs and other expenditures and you’ll see that San Francisco’s poorest have been hit hard. Residents are plagued with deferred maintenance and growing repair needs. Units sit empty because there are no funds for rehab. Shootings continue on many public housing sites while cutbacks in security are made. There’s a backlog of $245 million in immediate capital improvements needs and no plans for new development, despite the 30,000 families who have been languishing for years on the waiting list.
A loss of $7 million will mean dire consequences: longer turnaround on repairs, less secure buildings, and a further halt to modernization and new construction — this at a time when the agency has already failed its tenants and when housing costs continue to climb out of reach of San Francisco’s homeless and low-income families. Congress must take a stand now and stop the Bush administration and its unconscionable attempts to dismantle low-income housing programs. Democrats in Congress should take the lead and demand that a $300 million budget supplemental for public housing be passed to stop the losses for this year. It will also take strong leadership to ensure that public housing is fully funded for 2007. If the Republicans succeed once again in ridding cities of housing for the poor, it would be, as Erni Young of the Philadelphia Daily News wrote, nothing short of “an act of domestic terrorism perpetrated by our own government.” SFBG
Sara Shortt
Sara Shortt is an organizer with the Housing Rights Committee.
To send a letter to your congressional representative, visit www.localimpact.org.

The flaws in the Josh Wolf case

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› sarah@sfbg.com
Last week the California State Assembly and Senate unanimously asked Congress to pass a federal shield law to protect journalists from being forced to disclose unpublished material and the identity of a source.
Part of the motivation for the new push for federal legislation is the recent spate of federal attempts to imprison journalists who won’t give up their confidential sources. The latest victim of that crackdown, Josh Wolf, is in federal confinement after refusing to give prosecutors outtakes from a video he shot of a demonstration at which a San Francisco police officer was injured and a taillight was broken on a cop car (see “The SFPD’s Punt,” 8/23/06).
And while Congress is reviewing the case for protecting journalists, the Guardian has taken a hard look at the case against Josh Wolf — and it’s looking more dubious every day.
For starters, the local cops and the federal prosecutors are trying to claim that Wolf isn’t really a reporter.
That’s what sources in the San Francisco Police Department and the US Attorney’s Office tell us, and it’s borne out by the way the feds are pressing their case in court. In legal briefs, the government never refers to Wolf as a journalist, only as a witness. One federal official, who spoke on the condition he not be identified, likened Wolf to a convenience store owner who has a security camera that catches criminal activity on tape.
There are all sorts of problems with this argument — the first being that the courts have never formally contested Wolf’s journalistic credentials. In fact, the local prosecutors admit in legal briefs that they contacted Washington to seek permission to subpoena Wolf — a process that’s required whenever journalists face this sort of legal action.
As Peter Scheer of the California First Amendment Coalition points out, “The Justice Department claims it complied with regulations that say you can’t subpoena a journalist for outtakes without getting a special order from the attorney general.”
Scheer also notes that under California law, even bloggers enjoy the reporter’s privilege, as recently established when Apple Computer unsuccessfully tried to obtain the identities of sources who allegedly leaked business secrets to bloggers.
Lucy Dalglish, executive director of the Virginia-based Reporters Committee for Freedom of the Press, says that a case for Wolf qualifying as a journalist could be made under both the House and Senate versions of the Free Flow of Information Act, simply because Wolf was paid for broadcasting his video of the protest.
“In the Senate version, you have to be involved in journalism for money, make some part of your livelihood from it, while the House version is even broader,” said Dalglish.
Watching the part of Wolf’s video that he’s made public, which is posted online at www.joshwolf.net and was aired without his consent by at least three major TV networks before he was eventually compensated, it’s easy to speculate that the SFPD would not have delighted in the picture it paints of local law enforcement.
The footage of the July 8, 2005, protest begins peacefully with protesters, many of them wearing black ski masks, carrying banners saying “Anarchist Action,” “War is the Symptom, Capitalism is the Disease,” and “Destroy the War Machine.” As night comes on, the mood sparkles, then darkens. Someone lights a firecracker, smoke rises, helmeted police arrive, newspaper boxes are turned over, a Pacific Gas and Electric Co. office is sprayed with paint, and suddenly a police officer is captured holding a protester in what appears to be a choking position, while someone shouts, “Police brutality! Your career is over, fajita boy!” and an officer warns, “Leave or you’re going to get blasted. I’m a fed, motherfucker.”
At the same demonstration, Officer Peter Shields was hit in the head while charging into a crowd of protesters — and nobody knows exactly who hit him. That’s not on the public part of Wolf’s video, and Wolf and his lawyers insist there is no footage of the attack. Wolf fears that the government may be looking for something else — perhaps some video of other protesters — and will ask him to identify them. He refused to turn over the outtakes.
Carlos Villarreal, executive director of the National Lawyers Guild, says District Court Judge William Alsup, who ordered Wolf to jail, “made a big deal that Josh did not have agreement with a confidential source, but his argument turns Josh’s video equipment into a de facto government surveillance camera.”
Noting that there is a lot of trust between Wolf and protesters at demonstrations — “People aren’t afraid to go up to the camera and say, ‘Did you check out the pig that’s kicking a guy down the street?’” — Villarreal claims that “independent journalists are harder to see and spot than their corporate counterparts.”
The second, perhaps equally troubling problem is that the Wolf case should never have gone to the federal level in the first place.
Alan Schlosser, legal director of the American Civil Liberties Union of Northern California, told us there are a lot of red flags in the Wolf case, “beginning with the question, ‘Is there a legitimate federal law enforcement issue here?’”
The federal agents from the Joint Terrorism Task Force (JTTF) and the FBI didn’t choose to investigate the case — the San Francisco cops requested assistance. That in itself was odd: why is an assault on an officer a federal affair?
Schlosser asks, “Were the feds called in because they aren’t bound by the state’s reporter’s shield law?”
In theory, the local cops say it’s a federal issue because a cop car was damaged — and the city gets money from the federal government for law enforcement. Schlosser said it’s disturbing that “the SFPD doesn’t have to show the federal funds went towards paying for the allegedly damaged car…. So that statute could be applied to any number of situations. It’s very troubling. It federalizes law enforcement around demonstrations.”
A highly placed source in the SFPD offered a somewhat alarming explanation: the feds were brought in, the source said, not because of shield law issues but because the cops figured the JTTF and the US Attorney’s Office would move faster and more aggressively than San Francisco district attorney Kamala Harris, who has not been on the best terms with the local police.
In other words, if this source is correct, the SFPD is choosing who will prosecute crimes — based on politics, not the law.
As of press time, all Harris’s office was saying was that “the DA strongly believes in the First Amendment and the rights of the press. She also believes in justice for members of the SFPD. An officer was gravely injured that evening, and those responsible need to be held accountable.”
Asked why the federal government was involved in the investigation, Luke Macaulay, a spokesperson for the US Attorney’s Office, said, “This is not an attempt to profile anarchists and dissidents. It’s an attempt to get to the bottom of a crime.”
Macaulay also referred us to federal filings with the US District Court, which conclude that “the issue could not be more straightforward…. The incident is under investigation so that the grand jury can determine what, if any, crimes were committed.”
As far as we can tell, there’s nothing in writing that lays out when a San Francisco cop is allowed to ask for federal intervention in a case. All the SFPD General Orders say is that department members requesting assistance from an outside agency have to obtain the permission of a deputy chief.
According to records from the Investigations Bureau General Work Detail, Inspector Lea Militello filed a request for assistance from the FBI and JTTF to investigate a “serious assault against an SF police officer.” It was approved by Captain Kevin Cashman and Timothy Hettrich, deputy chief of investigations.
As of press time, the SFPD had not returned our calls inquiring why the FBI and JTTF were involved in an assault case, which is usually the domain of the DA’s Office.
David Campos, a member of the San Francisco Police Commission, said he thinks the commission needs to look at the issue “to make sure investigations are federalized when it’s appropriate and not as a way of getting around California’s shield laws.”
Reached Aug. 23 by phone in the Dublin Federal Correctional Institute, where he’s been held since Aug. 1, Wolf suggested that the feds are after more than pictures. “The Un-American Affairs Committee [in the 1950s] called in one person and forced them to make a list of all the people they knew. It was like Communist MySpace. So, I anticipate that they want all my contacts within the civil dissent movement.”
Wolf said he offered to let the judge view his video, which he insists does not capture the arson or assault. “There should not be a federal investigation. I published my video. They can use that to do their investigation.” SFBG
With all briefs filed, a decision on the Josh Wolf case is expected by Sept. 4.

The jump off

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› johnny@sfbg.com
Underground Sam Green’s documentary The Weather Underground helped spark David Dorfman Dance’s ambitious new 50-minute piece about activism and terrorism, but Dorman’s own experiences growing up in ’60s Chicago during the Days of Rage are an even bigger influence. Dorfman and Green will also discuss Green’s film in a related event.
Sept. 21 and 23. Yerba Buena Center for the Arts Theater, 701 Mission, SF. (415) 978-2787, www.ybca.org
“Kathak at the Crossroads” Working with companies in India and Boston, Chitresh Das Dance Company has put together perhaps the biggest event ever dedicated to Kathak in this country. No better figure than the energetic, veteran Das could be at the helm of such an undertaking.
Sept. 28–30. Yerba Buena Center for the Arts Theater, 701 Mission, SF. (415) 333-9000, www.kathak.org
Tarantella, Tarantula The local Artship Dance/Theater, led by Slobodan Dan Paich, explores the tarantella, a dance used to ward off the poison of a tarantula bite in particular and malaises of the heart in general. This premiere is paired with a visual art exhibit based on Artship’s years of research on the subject.
Sept. 28–Oct. 8. ODC Theater, 3153 17th St., SF. (415) 863-9834, www.odctheater.org
King Arthur Mark Morris collaborates with the English National Opera and takes on Henry Purcell’s semiopera, giving it a vaudevillian spin, with costume design by Isaac Mizrahi. Productions in England have already been lavishly praised.
Sept. 30–Oct. 7. Zellerbach Hall, Bancroft and Telegraph, Berk. (510) 642-9988, www.calperfs.berkeley.edu
The Live Billboard Project Site-specific specialist (and Guardian Goldie winner) Jo Kreiter knows how to create a dynamic, innovative image. This time she’s doing so at the wild intersection of 24th and Mission streets (near Dance Mission, no doubt). A 10th anniversary production by Kreiter’s Flyaway company, Live Billboard Project will feature her signature aerial choreography.
Oct. 4–8. 24th St. and Mission, SF. (415) 333-8302, www.flyawayproductions.com
The Miles Davis Suite Savage Jazz Dance Company and Miles Davis is a match made in dance heaven — or whatever sphere Davis’s music reaches and thus wherever Reginald Savage’s choreography manages to follow it. If any choreographer is well suited to the late, great Davis, it’s Savage — the real question is what compositions and recordings Savage will mine.
Oct. 12–15. ODC Theater, 3153 17th St., SF. (415) 863-9834, www.odctheater.org
Daughters of Haumea Patrick Makuakane and Na Lei Hulu I Ka Wekiu pay tribute to the women of ancient Hawaii. Both hula kahiko and hula mua will figure in Goldie winner Makuakane’s adaptation of a new book by Lucia Tarallo Jensen that is devoted to fisherwoman, female warriors, and high priestesses.
Oct. 21–29. Palace of Fine Arts Theatre, 3301 Lyon, SF. (415) 392-4400, www.naleihulu.org
Kagemi — Beyond the Metaphors of Mirrors The visual splendor within the title only hints at what the classical-, modern-, and Butoh-trained Sankai Juku company might present in this performance; raves for the mind-bending talents of artistic director Ushio Amagatsu, and the still photos alone make this event a must-see.
Nov. 14–15. Yerba Buena Center for the Arts Theater, 701 Mission, SF. (415) 978-2787, www.performances.org
“San Francisco Hip-Hop Dance Fest” You can count on Micaya to not only showcase the best hip-hop dance in the Bay Area but also to bring some of the world’s best hip-hop troupes to Bay Area stages. This year Flo-Ology, Soulsector, Funkanometry SF, and Loose Change will be representing the Bay Area, and Sanrancune/O’Trip House will be traveling all the way from Paris.
Nov. 17–19. Palace of Fine Arts Theatre, 3301 Lyon, SF. (415) 392-4400, www.sfhiphopdancefest.com
Dimi (Women’s Sorrow) The all-female, Ivory Coast–based Compagnie Tché Tché is renowned for pushing dance into realms that are both visually awe-inducing and physically explosive. This piece, overseen by artistic director Beatrice Kombé, entwines the stories of four dancers.
Dec. 1–2. Yerba Buena Center for the Arts Theater, 701 Mission, SF. (415) 978-2787, www.ybca.org SFBG

Don’t call the feds

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EDITORIAL It’s bad enough that the federal government is aggressively infringing on the rights of three Bay Area journalists, the sovereignty of California, and the freedom of San Franciscans to choose — through the elections of our district attorney, sheriff, and mayor — how laws should be enforced in this city. It’s even worse that the San Francisco Police Department has actively invited the feds in to abuse the city’s citizens.
Now is the time for Mayor Gavin Newsom and Police Chief Heather Fong to strongly, clearly, and publicly spell out when the officers under their control are permitted to federalize investigations rather than turning them over to the District Attorney’s Office. Particularly during this dark period when the Bush administration has shown a flagrant disregard for the rule of law, those in positions of public trust within San Francisco must safeguard the rights and liberties that generations of Americans have fought hard to win.
Specifically, Newsom and Fong should join the San Francisco Board of Supervisors in calling for a federal shield law similar to the one enshrined in the California Constitution, which allows journalists to protect their sources and unpublished notes and other materials. Until that happens, it should be the policy of San Francisco to refuse to cooperate with federal prosecutions of journalists, an action that would be similar to existing police policies of refusing to take part in raids on marijuana dispensaries or in operations targeting those suspected of vioutf8g immigration laws.
Instead, in the case of videographer Josh Wolf — who has been jailed for refusing to turn over his work to a federal grand jury — it appears that the SFPD was the agency that used a dubious interpretation of the law to bring in the feds for this unconscionable witch hunt. This is a disgrace and an affront to local control and basic American values.
As Sarah Phelan reports in this issue (“The SFPD’s Punt,” page 10), the cowboys who run the SFPD have been so intent on nailing those responsible for injuring an officer during a protest last year that they have deceptively morphed the investigation into one involving a broken taillight on a police cruiser. The idea was to argue that because some federal funds helped purchase the cruiser, then it was legitimate to turn this case over to the feds — which was simply a ruse to get around the California shield law. Perhaps even scarier is that it was done under the guise of fighting terrorism, even though the cops knew they were talking about homegrown anarchists who have legitimate concerns about US trade policies.
Over and over — in openly defying local beliefs about drug and sex laws and the death penalty — SFPD officers have shown contempt for San Francisco values. Even Newsom and Fong said as much during last year’s police video scandal, when they chastised officers for making videos that mocked Bayview residents, the homeless, Asians, and transgender people.
Yet that incident wasn’t as obscene as the decision by the SFPD to turn the murder investigations of Bayview gangs over to the feds rather than allow them to be prosecuted by District Attorney Kamala Harris, with whom the SFPD has feuded. The still-high murder rate in this city is a problem that will only be solved when we come together to address it as a community, rather than simply calling in heavy-handed outsiders.
It’s no wonder that communities of color in this city don’t trust the SFPD, which bypasses the black woman we’ve elected as our district attorney in favor of the US Justice Department and its facilitator of empire, Attorney General Alberto Gonzalez.
Newsom has already demonstrated that he’s willing to stand up to unjust state and federal laws, as he did on same-sex marriage, pot clubs, and illegal wiretapping by the Bush administration. Now it’s time for him to say that we’re not going to invite unjust federal prosecutions into this proudly progressive city. SFBG
PS We also must strongly condemn the federal prosecution of Chronicle reporters Lance Williams and Mark Fainaru-Wada. They are facing jail time for refusing to reveal how they obtained grand jury information that indicated San Francisco Giants slugger Barry Bonds knowingly took steroids. Journalists must be allowed to fully investigate important stories, particularly those involving public figures, without fearing they will be jailed for their work. Again, this case strongly begs for a federal shield law.
PPS Peter Scheer of the California First Amendment Coalition summed up the argument well in a commentary now posted on the Guardian’s Web site, www.sfbg.com, calling the prosecutions “a wholesale usurpation of state sovereignty. The Bush administration, which has been justly criticized for attempting to enhance executive power at the expense of Congress, is now eviscerating states’ rights in order to expand the power of the federal government. William Rehnquist, the conservative former chief justice of the US Supreme Court and intellectual champion of American ‘federalism,’ is no doubt turning over in his grave.”

All Lebanon is collateral damage

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OPINION Once again, Lebanese civilians are getting blasted, killed, and bombed by high-tech American weapons because Israel is angry and lashing out. I remember this well; even some of the targets are the same. I spent part of my childhood in Beirut. I remember my mother yelling at me to get off the balcony where I was busy trying to see if it was an American F-4 Phantom Israeli Air Force jet or a French-made Dassault Mirage screaming by our apartment building at rooftop level on its way to bomb the Beirut airport yet again.
My mother wasn’t happy with my plane-spotting endeavors. But Beirut at the time was frequently called the Jewel of the Middle East, and I was lucky enough to go to the American elementary school. I remember Pigeon Rock, the cedars, the beaches — and the Israeli raids. In fact, such raids led to my family being evacuated from Lebanon on more than one occasion.
Whenever the Palestine Liberation Organization conducted a military engagement, US-supplied F-4 Phantoms would bomb the Beirut airport. It became almost a regular Sunday outing for Beirut residents. How many Middle East Airlines jets did Israel bomb today? If the Syrians lobbed shells or anybody else in the region displeased Israel, US-supplied F-4 Phantoms would bomb the Beirut airport. If there was a border incursion, US-supplied F-4 Phantoms would bomb the Beirut airport. Do you see a sadly familiar pattern?
The Lebanese are once again civilians paying for the actions of others. Lebanon is and always has been Israel’s whipping boy. It has become a pawn between Israel, Hezbollah, and possibly Iran. An entire nation is collateral damage. Two-year-old children dying with perforated eyes. Kids blown up when they go swimming in a canal. Are they any less innocent than the children killed in Hamas suicide bombings?
Believe it or not, your elected representatives care what you think, if you let them know in no uncertain terms. The United States supplies billions of dollars of no-strings-attached money to Israel. That money directly and indirectly supports Israel Defense Forces that have, in the last few days alone, killed more than 200 Lebanese citizens. Write your elected officials a personal letter. They pay attention to those. Demand that the United States stop funding Israel’s war — its terrorism with a bigger budget — on Lebanon.
The terror attacks on Israel are hideous, as is the region’s poisonous anti-Semitism. But so are Israel’s bombing raids that are destroying a recently revived Lebanon. Israel will not help its case with tit-for-tat attacks on civilians or the wholesale destruction of Lebanon’s infrastructure. The Germans’ bombing attacks on Britain in World War II didn’t break the people’s spirit and make them turn on Churchill; the opposite happened. One would think Israel might learn this lesson and act accordingly at the negotiating table.
War begets war, not peace. Write, don’t e-mail, don’t call — write a personal letter to your congressperson, your senator, your elected officials, demanding that the United States cut its military aid to Israel by half. That at least would get the Israelis’ attention off the bombs they’re dropping on the Lebanese and might even force Prime Minister Ehud Olmert to start negotiating for real. It would level the playing field just a bit. SFBG
Tim Kingston
Tim Kingston is a freelance writer who lives in the East Bay.