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In what may be the last act of a quickly unfolding drama, Swiss banking giant Julius Baer has dropped its lawsuit against Wikileaks, an anonymous whistle-blower Web site, and Dynadot LLC, the site’s registrar. Baer’s attorneys had sought to shut down Wikileaks through a permanent injunction for hosting potentially damaging material about the bank’s activities in the Grand Cayman Islands.
The bank’s decision last week follows its legal defeat Feb. 29 in which San Francisco federal court judge Jeffrey S. White withdrew his ruling to halt the US version of the Web site Wikileaks.org and to also stop information from the site from being transferred to another server.
White weighed arguments from both sides and said his withdrawal of the order against Wikileaks still raises serious issues about the extent of jurisdiction any US court has over the Internet. He essentially agreed that prior restraint of the site was unconstitutional, and that it could create a "chilling effect" on future free speech cases. He bowed to arguments from defense attorneys and said his prior order raises questions regarding "possible infringement of protections afforded to the public by the First Amendment."
The anonymous forces of Wikileaks seemed to have braced for the legal blow. Within hours of the Feb. 15 takedown order by White, those in the know could access the site by entering the IP address, which is run on a server in Sweden and on other servers around the world.
While no official Wikileaks defendant ever materialized because its operators remain a secret, the preliminary injunction order set off a firestorm of criticism from free speech advocates. One after another, lawyers from the ACLU’s San Francisco chapter, Public Citizen in Washington D.C., and nearly a dozen civil rights organizations rushed to intervene and defend the site.
Shutting down the site is akin to "locking the doors of The New York Times," said Julie Turner, an attorney who represented Wikileaks in prelitigation matters.
"I think this was a textbook example of what not to do," said media law attorney Thomas Burke of the bank’s efforts to seek a prior restraint. "This just completely backfired and garnered international attention."
The documents posted on Wikileaks have been used as the basis for major news stories on subjects such as the treatment of inmates at Guantanamo Bay, the US military’s rules of engagement in Iraq, and corruption by Kenya’s former president. And instead of concealing documents, the case has drawn a maelstrom of attention to the bank’s alleged dealings, and it raises big questions about freedom of speech on the Internet.
In their filing, Julius Baer attorneys said they still reserve the right to consider filing suit in the same court or elsewhere and are considering the company’s legal options. The bank’s spokesperson, Jenna Agins, declined a Guardian request for comments.
Founded in 2006 by Chinese dissidents, journalists, and tech gurus, Wikileaks hosts 1.2 million leaked documents that aim to expose government and corporate wrongdoing. Anonymous site creators say they’re developing an uncensorable system for "untraceable mass document leaking and analysis" and are ready to fight any legal attack.
Wikileaks may have evaded its censors this time, but the latest case portends the vulnerability of such sites and those involved in them. Julius Baer’s attorneys admitted to the judge they had a hard time tracking down a Wikileaks representative. So they went after Daniel Matthews, a Stanford grad student. According to the bank’s court filing, the bank’s attorneys found his name on a Facebook page listing him as an "officer" of Wikileaks and summoned him to court. Joshua Koltun, his pro bono attorney, rushed to file a brief to defend Matthews.
"It was an extremely aggressive move because they were basically grabbing at straws," said Koltun, who appeared without his client in court. "They said he would face liability for a very tenuous connection or be confronted with disobeying the court order."
The bank’s attorneys claimed that Wikileaks had disclosed confidential or forged information about its clients and said there was nothing newsworthy about it. In this way, they are attempting to pit freedom of speech against personal privacy rights.
"Wikileaks has actively solicited the theft of private information," said William Briggs, one of the lawyers for the bank. "They are no longer shielded by the First Amendment."
But freedom of speech laws trump privacy rights in this case, argues Matt Zimmerman, senior staff attorney for the Electronic Frontier Foundation, which filed an amicus brief opposing the judge’s injunction against Wikileaks. "The information was already out there and the bank wanted to force everyone who had a copy of it to pull it down."
Perhaps the more salient point going forward, Zimmerman says, is that consumers are more wary of what Internet provider or domain registrar they choose and to make sure those companies protect free speech rights.
In their suit, Julius Baer’s attorneys sued Wikileak’s domain registrar, Dynadot LLC in San Mateo, for hosting the site. The small start-up agreed in a Feb.14 court stipulation to all of the bank’s demands to disable the site and prevent its transfer to another server, in exchange for getting the case against them dismissed.
"This is part of the reason why Congress has passed laws to get the intermediary out of the way," Baer said. "Dynadot was never liable for the information its user posted. It’s unfortunate that they apparently didn’t know the law well enough and decided to fold."
Dynadot lawyer Garret Murai denied that his client had agreed to all of the bank’s terms. "The court’s order to remove the domain name settings is not something we wanted to do," he said. "We did not agree to that."
David Ardia, an Internet law expert at Harvard, says even in the US, which has long established First Amendment protections, the threat of lawsuits against Web sites such as Wikileaks still lingers.
The power of an individual judge to bring down a Web site still remains, he says, but not if sites can function on international servers outside US jurisdiction.
Most online bulletins or blog posts allow people to post comments and remain anonymous, but not to the point where governments can’t find out who they are. What makes Wikileaks formidable, some say, is its software’s ability to cover the tracks of its users.
Peter Scheer, executive director of the California First Amendment Coalition, says time will tell whether the Wikileaks site can prove its mission to covertly leak information and should never have been silenced in the first place.
"As we as a society become increasingly dependent on the Internet as a source of information, the vulnerability of the Web site to that kind of action is something to fear," he said. "So when it happens, it’s important to draw maximum attention to it, to go into court with all guns blazing."
From the stand, White conceded the problem with pursuing a case against an anonymous entity such as Wikileaks, which has no official representation and whose chief players remain invisible.
Then he questioned the effectiveness of trying to control leaked documents, even if those responsible had somehow violated personal privacy rights: "When this genie gets out of the bottle, it’s out in the world."
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San Francisco has the best local sunshine law in the country and there are still problems getting access to information. Even though the digital age in which we live affords government agencies with myriad ways to give citizens more access to public documents, there is too often little official will to create transparency. And often, bureaucrats are downright hostile to public scrutiny. But help is out there. This guide to local and national organizations offers a wide range of resources for journalists, citizen activists, and hell-raisers who want to track their tax money and hold their government accountable. The California First Amendment Coalition is an independent, nonpartisan, nonprofit organization whose mission is to "promote and defend the people’s right to know" by improving compliance with state and federal access laws. CFAC’s Web site contains an archive of articles dealing with FOI issues, the texts of state FOI laws, and other useful resources. 534 Fourth St., Suite B, San Raphael, CA 94901. (415) 460-5060, cfac@cfac.org, www.cfac.org. The California Newspaper Publishers Association is the umbrella organization to which most newspapers in the state belong, so it has an acute interest in open government. Its FOI Watch newsletter (also available online) includes a clearinghouse of sunshine news from around the state. 708 Tenth St., Sacramento, CA 95814. (916) 288-6015, tom@cnpa.com (general counsel Thomas Newton), www.cnpa.com. Californians Aware, run by former CFAC general counsel Terry Francke, helps activists and organizations get access to public meetings and records and offers resources on the Web for citizens, public officials, journalists, and attorneys. 2218 Homewood Way, Carmichael, CA 95608. (916) 487-7000, info@calaware.org, www.calaware.org. The Center for Investigative Reporting sponsors workshops on investigative techniques for journalists and university students. The center’s Web-based magazine provides FOI information, tips for journalists, and updates on past CIR investigations. 2927 Newbury St., Suite A, Berkeley, CA 94703. (510) 809-3160, center@cironline.org, www.muckraker.org. The DataCenter provides on-call research, consultation, and referrals to justice organizations regarding FOI issues. It also offers research and action training. Services are free or on a sliding scale, depending on one’s ability to pay. 1904 Franklin St., Suite 900, Oakland, CA 94612. (510) 835-4692, ext. 376, www.datacenter.org. The Electronic Frontier Foundation, an online First Amendment organization, works to uphold digital free speech, empower the online public, and protect privacy on the Internet. It provides stories and alerts on its Web site, with daily updates. Effector, an e-mail newsletter, is available through the site. 454 Shotwell St., S.F., CA 94110. (415) 436-9333, information@eff.org, www.eff.org. The First Amendment Project is a public interest law firm that provides legal representation, educational programs, and low-cost or free advice for journalists, public interest organizations, and individual citizens with public records and FOI-related issues. In a joint publication effort with the Society of Professional Journalists, the project offers three free pocket guides, on the Brown Act, California’s Open Meeting Law, and accessing court records. The Web page has information on using the California Public Records Act as well as on getting court records. 1736 Franklin St., 9th floor, Oakland, CA 94612. (510) 208-7744, fap@thefirstamendment.org, www.thefirstamendment.org. Media Alliance is a nonprofit media center that offers classes on journalism skills, including how to find and use public records. 1904 Franklin St., Suite 500 Oakland, CA 94612. (510) 832-9000, information@media-alliance.org, www.media-alliance.org. The Society of Professional Journalists, Northern California Chapter, FOI Committee fights for open access to information and educates members of the public on FOI issues. The group provides a subscription e-mail list for journalists and others involved in FOI and First Amendment issues in California as well as putting on the James Madison FOI Awards. 222 Sutter St, 6th Floor, San Francisco, CA 94108 (415) 321-1700, www.spj.org/norcal. The Brechner Center for Freedom of Information conducts research and educates the public in mass-media law and the First Amendment, including public access to government meetings and records and litigation information. University of Florida, College of Journalism and Communications, 3208 Weimer Hall, P.O. Box 118400, Gainesville, FL 32611-8400. (352) 392-2273, www.jou.ufl.edu/brechner. The Center for National Security Studies works with concerned citizens and groups to expose secret government policies and offers free assistance to those seeking records under the Freedom of Information Act. It also coordinates related litigation. 1120 19th St. NW, 8th floor, Washington, D.C. 20036. (202) 721-5650, cnss@cnss.org, www.cnss.org. The FOIA Blog, created by an FOIA Washington attorney, has an updated list of documents currently being released by several government agencies infoprivacylaw@yahoo.com, www.thefoiablog.typepad.com. The Freedom of Information Center of the University of Missouri School of Journalism has a collection of more than one million articles and documents about access to information at the local, state, and federal levels. The center works to ensure compliance with sunshine laws around the country. Its Web site contains links, updates, and tips on FOI inquiries. A free e-mail newsletter provides information on developments in FOI access and issues; you can sign up by contacting umcjourfoi@missouri.edu. University of Missouri, 133 Neff Annex, Columbia, MO 65211. (573) 882-5736, daviscn@missouri.edu, www.missouri.edu/~foiwww. GovernmentDocs allows people to browse and search thousands of pages acquired through the FOIA and sunshine laws. Registered users can review and comment on documents. www.governmentdocs.org GovTrack provides information on the U.S. Congress. It compiles information on federal legislation, voting records, and other congressional date and simplifies the language for ordinary citizens. It also indexes all bills, as well as changes to them, in Congress and all roll call votes www.govtrack.us. Investigative Reporters and Editors provides educational services for investigative reporters and editors. The group’s Web site offers FOI-related resource guides, a database of FOI stories, tips for using the Freedom of Information Act, and a database of previous FOI requests. University of Missouri School of Journalism, 138 Neff Annex, Columbia, MO 65211. (573) 882-2042, www.ire.org The National Freedom of Information Coalition is composed of First Amendment organizations dealing with FOI issues. It provides resources for the media, government officials, lawyers, and citizens who want access to public information. The coalition also offers seminars and workshops to media professionals, attorneys, academics, students, and the public on FOI issues and helps nurture start-up FOI groups and Internet sites. Its Web site offers links to relevant legislation and organizations state by state, as well as an Internet mailing list, FOI-L. 133 Neff Annex, Columbia, MO 65211. (573) 882-5736, cdavis@nfoic.org, www.nfoic.org. OMB Watch is a member of the Public Access Working Group, a coalition of organizations promoting greater access to government information. OMB Watch offers an online newsletter, OMB Watcher, available on its Web site or by e-mail, which typically includes articles on FOI issues. To subscribe to the weekly e-mail version, e-mail join-ombwatcher@lyris.ombwatch.org. 1742 Connecticut NW, Washington, D.C. 20009. (202) 234-8494, www.ombwatch.org. The Project on Government Secrecy is an advocacy and public education project of the Federation of American Scientists. The project has an extensive archive and provides regular news updates through its Web site and e-mail newsletter, Secrecy News. 1725 DeSales Street NW, 6th floor, Washington, D.C. 20036. (202) 454-4691, www.fas.org/sgp/index.htm. Project Vote Smart provides information on local, state, and national candidates, including voting records, issue positions, campaign contributions, phone numbers, and mailing addresses. The database is accessible by calling the toll-free hotline at 1-888-VOTE-SMART. 1 Common Ground, Phillipsburg, MT 59858. (406) 859-8683 comments@vote-smart.org, www.vote-smart.org. The Radio-Television News Directors Association is the world’s largest professional organization devoted to electronic journalism. It lobbies for cameras in courtrooms and strong FOI laws and provides coverage of FOI issues on its Web site. 1600 K St. NW, Suite 700, Washington, D.C. 20006. (202) 659-6510, www.rtnda.org. The Reporters Committee for Freedom of the Press operates the 24-hour FOI Service Center at 1-800-336-4243 to answer emergency questions from journalists and others with open-records problems. 1101 Wilson Blvd., Suite 1101, Arlington, VA 22209. (703) 807-2100, rcfp@rcfp.org, www.rcfp.org. The Society of Professional Journalists advocates for open access to information and educates members of the public on FOI issues. The society’s Web site has an FOI section with extensive links to resources and information, including a list of FOI advocacy organizations. 3909 N. Meridian St., Indianapolis, IN 46208. (317) 927-8000, questions@spj.org, www.spj.org. State Sunshine and Open Records shares information, guidance and advice on developments and news about open records at the state and local level. They also have an extensive list of links to other sunshine blogs. www.openrecords.wordpress.com. The Student Press Law Center works with the Reporters Committee for Freedom of the Press to cover FOI and other First Amendment issues reutf8g to high school and college journalists. It offers free advice, lawyer referrals, and analysis. 1101 Wilson Blvd., Suite 1100, Arlington, VA 22209. (703) 807-1904, admin@splc.org, www.splc.org. The Sunlight Foundation develops a database to ensure transparency in government and fiscal accountability. They digitize new info and provide access to existing information. 1818 N Street NW, Suite 410, Washington, D.C. 20036, (202) 742-1520. www.sunlightfoundation.com. WikiFOIA helps people understand the FOI Act on a state and federal level by providing a how-to-guide about open records requests, as well information on how to make that request. www.wikifoia.pbwiki.com. The Guardian Web site has extensive information and links concerning international press-freedom issues. For details on journalists under fire, including frontline dispatches and reports from the battle to keep the world safe for journalists, go to www.sfbg.com/journalists/. For updates, dispatches, and links to national and international FOI groups, go to www.sfbg.com/FOI. The UK FOI Blog provides a glimpse into how FOI issues are dealt with across the pond by listing news and developments on FOI in Great Britain. www.foia.blogspot.com. Local government resources The Government Information Center, on the fifth floor of the San Francisco Public Library’s Main Branch, stocks public documents published by the city. These include annual reports for committees and departments, minutes and agendas of official meetings, environmental impact reports, and city audits, ordinances, and resolutions. San Francisco Public Library, 100 Larkin St., S.F., CA 94102. (415) 557-4500, www.sfpl.org. The Oakland Public Ethics Commission responds to complaints and holds hearings on possible violations of the city’s Sunshine Ordinance. Records, tapes of the commission’s meetings, agendas, and minutes can be picked up at the commission’s office. 1 Frank Ogawa Plaza, 4th floor, Oakland, CA 94612. (510) 238-3593, ethicscommission@oaklandnet.com, www.oaklandnet.com/government/public_ethics/webpage.html. The Office of Information and Privacy, U.S. Department of Justice, provides online versions of frequently requested records, opinions, policy statements, and guides to the Freedom of Information Act. The guides include detailed instructions for filing FOIA requests, average response times for different governmental offices, and a wealth of other useful information. The text of the FOIA is available on the office’s Web site. 1425 New York Ave., Suite 11050, Washington, D.C. 20530. (202) 514-3642, www.usdoj.gov/oip/oip.html. Public Access to Court Electronic Records is an online database of court records and decisions. Web access is 8¢ a page, and requires registration through the Web at www.pacer.psc.uscourts.gov. P.O. Box 780549, San Antonio, TX 78278. 1-800-676-6856, pacer@psc.uscourts.gov. The San Francisco Ethics Commission monitors and enforces the Sunshine Ordinance and the city’s governmental-ethics, campaign-finance, and lobbyist-reporting laws. Individuals can file complaints regarding violations of the Sunshine Ordinance. The commission meets the second Monday of each month at 5:30 p.m. in City Hall, Room 408. 25 Van Ness, Suite 220, S.F., CA 94102. (415) 252-3100, ethics.commission@sfgov.org, www.sfgov.org/site/ethics_index.asp. The San Francisco Law Library is open to the public, though only government officials, state bar members, and judges can check out items. Main reference library: Mon.-Fri., 8:30 a.m.-5 p.m., Veterans War Memorial Building, 401 Van Ness, Room 400, S.F. (415) 554-6821. Courthouse reference room: Mon.-Fri., 8:30 a.m.-4:30 p.m., 400 McAllister, Room 512, S.F. (415) 551-3647. Financial District branch: Mon.-Thurs., 9 a.m.-9 p.m.; Fri.-Sat., 9 a.m.-5 p.m.; Sun., noon-4 p.m., 685 Market St., Suite 420, S.F. (415) 882-9310, www.ci.sf.ca.us/site/sfll_index.asp. The Sunshine Ordinance Task Force oversees compliance with San Francisco’s sunshine law by investigating complaints from individuals who believe city officials have withheld records or conducted meetings in violation of the law. The task force meets the fourth Tuesday of each month at 4 p.m. City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244 (meetings held in Room 408), S.F. For complaint forms and other information call (415) 554-7724 or go to http://www.sfgov.org/site/sunshine_index.asp The California First Amendment Coalition publishes the California Journalist’s Legal Notebook, a handy guide to the legal issues surrounding telephone interviews, press passes, gags on sources, and other journalism-related topics ($36.25, $30.88 for CFAC members, shipping included). Also by CFAC is The New Brown Act: How the Open Meeting Law Has Been Revised ($12.75, $7.39 for CFAC members, shipping included). (415) 460-5060. The Oakland Public Ethics Commission publishes a free brochure, How to Notice a Public Meeting under the Oakland Sunshine Ordinance and the Brown Act, useful for making sure a public meeting follows the requirements of the Brown Act. (510) 238-3593, (510) 238-6620, ethicscommission@Oaklandnet.com, www.oaklandnet.com/government/public_ethics/webpage.html. Access to Courts and Court Records in California, Open Meeting Laws in California, and The California Public Records Act are free, convenient, quick-reference guides published by the Society of Professional Journalists, Northern California Chapter, and the First Amendment Project. (510) 208-7744, www.thefirstamendment.org/freepress.html. The ACLU Freedom of Information Project publishes Using the Freedom of Information Act: A Step-by-Step Guide (#4002, $3) and Your Right to Government Information (#1190, $5.95), which covers a broader range of topics, including how to get into public meetings. Both publications can be ordered online through the ACLU’s e-store or by phone. ACLU Publications, P.O. Box 4713, Trenton, NJ 08650-4713. 1-800-775-2258, www.aclu.org. The Government Printing Office publishes The Freedom of Information Act Guide and Privacy Act Overview ($63), a 986-page guide to the FOIA produced by the Justice Department. It can be ordered by phone at 1-866-512-1800 or online at bookstore.gpo.gov. The Citizen’s Guide is available in its entirety online at www.fas.org/sgp/foia/citizen.html. The Freedom of Information Clearinghouse Guidebook is a free brochure about making FOIA requests and appealing agency decisions. It’s available online through the Freedom of Information Clearinghouse. www.citizen.org/litigation/free_info/index.cfm. Paper Trails: A Guide to Public Records in California ($12.89), written by Stephen Levine and Barbara Newcombe, is published by the Center for Investigative Reporting and supported by the California Newspaper Publishers Association. It can be ordered from the CIR. An abridged, online version is coming soon. 2927 Newbury St., Suite A, Berkeley,, CA 94703. (510) 809-3160, www.centerforinvestigativereporting.org/ The fourth edition of the Investigative Reporters’ Handbook ($61, $51 for Investigative Reporters and Editors members), by Steve Weinberg, Brant Houston, and Len Bruzzese, is a comprehensive and accessible guide for novice and experienced journalists that shows how to locate and use more than 500 sources of public information. (573) 882-3364, www.ire.org/store/books. The Reporters Committee for Freedom of the Press supplies a wealth of publications on public access and other First Amendment topics. How to Use the Federal FOI Act ($5) is a handbook on FOI rights, with instructions for appealing if your request is denied, and includes sample letters. The First Amendment Handbook ($7.50) is a journalist’s pocket guide to FOI issues. Two guides Judicial Records: A Guide to Access ($3) and Access to Electronic Records ($5) analyze state laws and decisions regarding access to legal records and government electronic data. Tapping Officials’ Secrets is a set of guides to state public records and open-meeting laws ($10 a state). The News Media and the Law is a quarterly magazine that includes updates on legislation pertinent to FOI ($30 a year for four issues). Some of these publications are available in their entirety online; all can be ordered online. 1-800-336-4243, www.rcfp.org. The second edition of Law of the Student Press ($18) is a vital handbook for student newspapers. It’s extensively annotated but avoids legalese and tries to bring the law to life for students and educators. The Student Press Law Center also publishes Covering Campus Crime, Third Edition ($2) and the Student Press Law Center Report ($15 for three issues a year). (703) 807-1904, www.splc.org. Citizen Muckraking: How to Investigate and Right Wrongs in Your Community ($9) offers advice on writing press releases, conducting interviews, and using the FOIA. The book, a collaborative effort by the Center for Public Integrity, is available through Common Courage Press. 1-800-497-3207, www.commoncouragepress.com >
Click here for details on the First Amendment Awards Dinner. Norwin S. Yoffie Career Achievement Award If journalists were the subjects of trading cards like baseball players, the Dan Noyes rookie card would be just as impressive as a 2008 career highlights card. Think Reggie Jackson: a long, impressive career, spanning multiple organizations and a propensity to come out swinging big at the end of a hard-fought battle. Over a career spanning 30 years, Noyes has pursued serious investigations, some lasting as long as a year, into everything from questionable Liberian timber imports to illicit gun trafficking from United States suppliers to the Nuestra family gang. Journalism first interested Noyes during the crucial investigative reporting that sparked Watergate scandal in the early 1970s. In 1977 Noyes cofounded the Berkeley-based Center for Investigative Reporting (CIR), an independent news organization which produces in-depth stories and documentaries for all major news outlets. In 1979, reporting for the ABC News program 20/20, CIR broke a story on a swindling United Nations charity organization and its connections to international drug trafficking. More recently, Noyes has done a series of print and broadcast pieces concerning gang violence in California and its effect on the lives of those surrounding the lifestyle. Noyes still holds an executive position at the CIR and continues to contribute to the world of investigative journalism. Beverly Kees Educator Award Cliff Mayotte sees his Advanced Acting Class at Lick-Wilmerding High School as one that merges students’ "consciousness and awareness as young adults with their skills and energies as performance artists." The subtitle of the course is "Theatre as Civic Dialogue," and the eight students enrolled during the 2007 spring semester used all their abilities to pull off a notable show. After an introduction to Documentary Theatre a form he described as "oral history turned into performance" the group selected a topic that was important to them, giving birth to the "Censorship Project." The students interviewed their peers, teachers, and administrators to gather perspectives on the ways in which expression and opinion can be muted or altered, both voluntarily and involuntarily. They reached out to organizations such as Project Censored, the First Amendment Project, and the Ella Baker Center for Human Rights. They transcribed interviews and studied subjects in order to capture statements, word patterns, and mannerisms of interviewees, then shaped the themes into a 60-minute performance. Professional Journalists "Being a high school sports guy, I don’t get to do this very often," the Modesto Bee‘s Will DeBoard said of his first major foray into investigative reporting. He had gotten a tip that the California Interscholastic Federation was investigating recruiting violations by the football program at Franklin High School in Stockton, which competed with schools in his area. DeBoard asked the school and CIF about recruiting violations, but the football coach flatly denied the allegations and the CIF wasn’t much more helpful. So DeBoard decided to make formal requests for public records with the help of business reporter Joanne Sbranti, and after fighting through some initial denials, he obtained hundreds of pages of investigatory documents from CIF showing how the school was recruiting players from American Samoa. "It really was a treasure trove of great stuff. We got two weeks’ worth of stories out of these documents," DeBoard said. "It really showed us that what the school was telling us just wasn’t true." The documents detailed the recruiting scheme and gave DeBoard tons of leads for follow-up stories, including the address of "a home owned by the coach where there were all these gigantic Samoan linemen living there." DeBoard called the effort an "adrenaline rush" better than that caused by the best game he’s covered and a high point of his journalism career. Contra Costa Times investigative reporter Thomas Peele has a long history of battling for public records access on behalf of both reporters and private citizens. Peele, who helps with projects for all the newspapers under the Bay Area News Group-East Bay ownership, helped ensure the recovery of thousands of e-mails from the Oakland mayoral tenure of Jerry Brown when he left office to become the state’s attorney general in 2006. Peele also helped conduct a statewide audit of Public Records Act compliance by law enforcement agencies with the nonprofit Californians Aware, which revealed glaring inconsistencies in how police across the state make information about their activity available to the public. And he’s been a major figure in helping the Chauncey Bailey Project pry out new information about Bailey’s murder last year and it’s connection to Your Black Muslim Bakery. He began his career in 1983 at a small weekly in Bridgehampton, N.Y., and moved from there in 1988 to the Ocean County Observer in New Jersey before joining the CCT in 2000. KTVU-TV producer Roland De Wolk is leading the investigative team of photographer Tony Hedrick and video editor Ron Acker in a quest to get the names of drivers who regularly use FasTrak lanes but don’t pay anything. But to date, says De Volk, the Metropolitan Transportation Commission has been blocking his team’s quest. De Wolk told the Guardian that his team filed a California Public Records request when the MTC wouldn’t provide information on the amount of money it was losing thanks to drivers who don’t pay tolls when they use FasTrak lanes. "We asked MTC for specific numbers last summer and got little information. That makes a reporter’s antennae quiver," said De Wolk. But when he and his team asked for the numbers of people obstructing their plates, the MTC started acting squirrelly, De Wolk said. "Finally, after six to eight weeks of asking we got an answer: a photo of a car whose plate was blank," fumed De Wolk, whose team continues to push for the names of the 10 most frequent FasTrak violators. Broadcast News Outlet When KGO-TV reporter Dan Noyes and producer Steve Fyffe asked Muni to turn over records of public complaints against its drivers, they were ready for some bureaucratic foot dragging. But they never expected the yearlong grudge match that followed. First, the union representing Muni drivers sued to keep the records sealed. Then Muni’s parent department, the Municipal Transportation Agency, made a backroom deal with the union and released a blizzard of confusing and heavily redacted paperwork that would have made the Pentagon blush. "It was essentially a big document dump," Fyffe told us. "There was no way to tell one form from another or which driver was which." Noyes and Fyffe convinced their bosses at KGO-TV to file a lawsuit for full access to the records. The station prevailed, after which Noyes and Fyffe received over 1,200 pages of public complaints about 25 drivers. Recently, the station went back to court after Muni refused to release surveillance tapes of the drivers. As in the previous case, the judge ruled that the public had a right to the materials and forced the transit agency to hand the tapes over. Fyffe said he sees KGO’s legal successes as small victories in a much larger fight. "I hope in the future that this case will make Muni and other city departments more [responsive] to records requests … these kinds of incremental victories hopefully lead, little by little, to a more open government." Print News Outlet The Sacramento Bee operates in a city run by top-tier politicians and their spinmeisters, so the editors and reporters there have placed increasingly high value on using documents to support their stories. "We’ve always used public records here. Being in a state capital, we’re a little more aware of the necessarily of that," managing editor Joyce Terhaar said. "You just need to be able to tell a story about what’s really happening." Yet she said that in recent years, the Bee has made a concerted effort to hire public-records experts and to have them share their knowledge with the paper’s staff through regular workshops. And last year, those efforts paid off with a string of big, impactful investigative stories. Among them was Andy Furillo’s look at how much the state was spending to fight inmate care lawsuits, Andrew McIntosh’s exposé on the lack of oversight for paramedics and emergency medical technicians, and stories by John Hill and Kevin Yamamura on misconduct by the state’s Board of Chiropractic Examiners. In selecting the Bee, Society of Professional Journalists judges recognized these individual efforts as well as the Bee‘s "institutional support of reporters and their use of public records for numerous stories." Community Media One of the only ways to uncover corporate wrongdoing is to dig through court records, and it’s the job of the press to report what it discovers, said Becky O’Malley, executive editor for the Berkeley Daily Planet. She was convinced that a prior court order violated the public’s constitutional rights to see court documents, so the small daily newspaper sued and won in a California appeals court last year, making public 15,000 pages of records from a class-action suit filed against Wal-Mart in 2001. The documents included allegations that the company had denied rest breaks to its workers and deleted hours from paychecks. In the Planet‘s freedom of information suit, the appeals court judges agreed with the paper’s attorneys that the case could set a dangerous precedent where the public would have to prove its right to access court records. "It’s becoming more of a trend for judges to grant permanent seals on court records," said O’Malley. That’s unfortunate, she added, since "the only way the public finds out about bad things going on in society is through court records." Special Citation Award After Oakland journalist Chauncey Bailey was murdered last August, a large group of Bay Area media organizations formed a rare coalition to investigate his death and the activities of Your Black Muslim Bakery, a long-time East Bay institution believed by police to be involved in the killing. Since then, the group has produced several stories complete with audio, video, and photo presentations, the most recent of which is a series by retired Santa Rosa Press-Democrat reporter Mary Fricker detailing the sexual assault allegations made by young women once in the custody of Yusuf Bey Sr., founder of the bakery. Fricker received help from independent radio journalist Bob Butler, investigative reporter A.C. Thompson, and MediaNews staff writers Cecily Burt, Thomas Peele and Josh Richman. Other stories have reported allegations of real estate fraud against bakery associates, explored potential coconspirators in Bailey’s death, and examined the bakery’s ties to several prominent politicians. More about the project the first of its kind since a group of journalists investigated the murder of Don Bolles more than 30 years ago in Arizona can be found at chaunceybaileyproject.org, or at www.sfbg.com/news/chaunceybailey. Public Official It was a staff member, Kathryn Dresslar, who told Assemblymember Mark Leno how horrible state agencies had become at complying with the California Public Records Act. Dresslar served on the board of Californians Aware, a group that advocates for open government, and she described to her boss how a 1986 audit by the organization had given every one of the 33 agencies in California government a failing grade. Ryan McKee, then a high-school student and the son of CalAware board president Rich McKee, had visited each agency and asked for a few simple things. He wanted to see each agency’s guidelines for public access, and he requested some basic information, including the salary of the agency director. Agency after agency refused to follow the law. So Leno introduced legislation that would have mandated that every agency post its access guidelines on the Web and included stiff fines for agencies that violated the Public Records Act. "It put some teeth into the law," Leno told us. "And I got 120 of 120 members of the state Legislature to vote for it. That wasn’t enough for Gov. Arnold Schwarzenegger, who vetoed the bill, saying it wasn’t needed. The governor insisted that he had already ordered state agencies to fix the problem. "It was a great eye-opener for me, and showed me the resistance this administration has to allowing public access to state government," Leno said. "Without that access the public is at a great disadvantage." Library It might be hard to believe, but in 1949 the University of California Regents, a bastion of higher education, rode the wave of anticommunist fervor and McCarthyism, forcing all UC employees to take a loyalty oath. The Board of Regents adopted the rule that UC administrators pushed forth: denounce communism and swear loyalty to the state, or face losing your job. As could be expected, people resisted and 31 faculty, workers, and student employees lost their jobs. They appealed the case to the California Supreme Court and eventually were reinstated in 1952, but the controversy cast a pall over the UC’s reputation and divided campuses. With the help of a grant from UC President Emeritus David Gardner, archivists from UC Berkeley’s Bancroft Library and other researchers painstakingly compiled 3500 pages of text, many audio statements, and photos from four UC collections. The online collection, which went live in December 2007, serves as primary source material for students and researchers who want to understand how UC administrators got embroiled in and came to terms with the McCarthy-era tensions that rocked the country. Legal Counsel Electronic data is the new frontier for public-records law, and Rachel Matteo-Boehm, a lawyer with Holme, Roberts and Owen, last year won a key case preserving the public’s right to access to what some public agencies have tried to claim was proprietary data. The county of Santa Clara produced a digital map showing property lines, assessors parcels and other key real-estate data, and that became the basis for a geographic information system tool. The GIS would allow users to plot everything from property taxes to street repairs, public investment, political party registration, school test scores and other trends. But Santa Clara wasn’t giving it out to the public: The database cost more than $100,000, which meant only big businesses could use it. Boehm went to court on behalf of the California First Amendment Coalition to argue that the data was public, and must be made available without high charges. "As information begins to be collected in electronic form, and governments choose to put information in sophisticated electronic formats, you can run into real public-access problems," Boehn told us. Boehm convinced a Santa Clara Superior Court judge that the data was indeed covered under the California Public Records Act. Now Santa Clara must make the map available to the public and other counties with similar data, seeing the results of the suit, are following that rule. The decision was a key one, Boehm said: "One day we’re going to wake up and all there will be is electronic records," she noted. And if governments can apply different rules to those documents, "you can kiss the Public Records Act goodbye." Whistleblower When Dan Cooke shared details of an alleged sewage spill on Alcatraz Island with the Guardian, the health of the national park where he’d been working as an historical interpreter for over a decade was foremost on his mind. But he lost his job after the story was published apparently for taking a proactive role in noting details of the spill in the island’s log book and speaking candidly to the press about what he’d seen. Wanting nothing more than a return to his job leading educational tours of the island, he filed an administrative claim with the US Department of Labor against the Golden Gate National Park Conservancy and the National Park Service. And he called the Guardian. We reported his firing. The next time Cooke called, it was to happily report he was back on the job. Citizen SuperBOLD has accomplished something entirely different from what it set out to do. Originally, the small group of devoted Berkeley public library users organized to oppose the installation of RFID tags in books. "In the process of going to library board of trustees meetings, we discovered they were vioutf8g the Brown Act," said Gene Bernardi, who heads SuperBOLD’s steering committee with Jane Welford, Jim Fisher, and Peter Warfield. They found, among other things, that certain documents were only made available to trustees and a lottery system was employed in selecting speakers during public comment. They took their complaints to the Berkeley city attorney and joined up with the First Amendment Project, which threatened a lawsuit. Things have changed, though it’s still not perfect city council meetings only allow 10 speakers and the library trustees still play the lottery for public comment, but marginal improvements portend better days. "Now you can speak more than once," said Bernardi. "Now you can speak on consent calendar and agenda items. So there are more opportunities to speak … if the Mayor [Tom Bates] remembers to call public comment." Electronic Access For years, web pioneer Carl Malamud has sought ways to use the Internet to connect average citizens with their government. His new Web site public.resource.org helps that cause by excavating buried public domain information and posting it online. Though still in its early stages, the site already allows users to tap into hard-to-find records from places like the Smithsonian, Congress, and the federal courts system. Even though most government records are part of the public domain, fishing them out from the bureaucratic depths can be a daunting and expensive task, even for someone like Malamud. During a lecture at UC Berkeley last year, he related his recent difficulties in acquiring a simple database from the Library of Congress. Instead of turning over the materials, officials at the Library cited dubious copyright protections and presented Malamud with a bill for over $85,000 all for access to supposedly public information. Thanks to Malamud’s Web site, that database and millions of other documents are now available with the click of a mouse. Ultimately, Malamud hopes public.resource.org will help bring about an age of "Internet governance," in which every last byte of public data winds up online for all to see, free of charge. THE SOCIETY OF PROFESSIONAL JOURNALISTS MARCH 18, 2008 TICKETS: >
The breaking news about 23-year-old Prince Harry secretly being deployed in Afghanistan as a battlefield air controller created a public sensation in Britain. It also resulted in the quick return home of the prince – third in line to the British throne – for security reasons. The episode pointed to the British tradition of expecting the sons of British kings and queens to enter military service when their country is at war. The same was true in the United States during World War II, when four of Franklin Delano Roosevelt’s sons entered the armed forces, as did General Dwight Eisenhower’s son, John Eisenhower. Since the expansion of the number of women in the military, what about George W. Bush’s daughters – Barbara and Jenna? Their father repeatedly describes the war in Iraq as crucially important to protect the United States and to spread democracy in the Middle East. President Bush also repeatedly asserted that the losses of life and the costs of the Iraq war are “worth the sacrifice.” Whose sacrifice? Certainly not that of the family in the White House. There have been no indications in this town of 24/7 gossip of either the parents urging or the daughters considering joining the armed forces. Recently, a Midwestern mother, who lost her son in Iraq, declared, half weeping, “Why am I planning for a funeral when George W. Bush is planning for a wedding?” Is this mother being unfair? Or is she reflecting a feeling that there is a double standard operating here? There is a certain moral authority to governing — setting an example, sharing in the sacrifice initiated by the White House — that escapes both George W. Bush and Dick Cheney. Both were early draft dodgers who were gung-ho for the Vietnam war so long as someone else in their age group was doing the fighting. They both have children who have declined to serve during the Iraq war-occupation. It would be a different question if the Bush and Cheney offspring had come out publicly against the war or were conscientious objectors. No signs of these positions thus far. There is a simple safeguard regarding the decision to make war while leaving the younger adult sons and daughters of Congress and the White House enjoying civilian life as the casualties and illnesses of the “other Americans” keep mounting. Ask your member of Congress to introduce a one page bill that says the following: Whenever Congress and the White House take our country to war, all able-bodied military-age children of every member of Congress, the President and the Vice-President will be conscripted automatically into the armed forces. When politicians’ children are required to go off to war, it tends to concentrate their minds toward waging peace. Yeah, the hype over Prince Harry getting assigned to combat duty in Afghanistan is way over the top. (As the U.K. Independent noted, even gaysocialites.com, not known for its war reporting, jumped in, calling Harry “like the hottest thing ever.”) But the whole thing reminded me that the British have a different standard when it comes to the children of the powerful serving in times of war. The sons of British royalty have always gone to war; it’s almost expected. If the country’s fighting, the royals don’t sit it out. The children of American leaders are doing just that, of course. You don’t hear anything about the Bush twins signing up to fight their father’s war. (Of course, Bush didn’t fight in Vietnam, either, nor did Dick Cheney.) Ralph Nader, who shouldn’t be running for president, has a great line on this. He suggests that Congress ought to enact a law that Whenever Congress and the White House take our country to war, all able-bodied military-age children of every member of Congress, the President and the Vice-President will be conscripted automatically into the armed forces. . Makes a lot of sense. OPINION Be nice, wait your turn, pay your dues, your time will come. This is the “guidance” given to women in politics, and many of us have bided our time and paid our share of dues. But what happens when our time comes, and we speak out for what we believe in? We are called pushy, mean, controlling, or cold. And worse — we are stripped of our positions. In the last month, four of the most respected women in city government have been removed from their posts: •Susan Leal is considered one of city government’s best managers and was leading the city toward a future of sustainable energy usage. According to the Chronicle, she was fired from her position as director of the San Francisco Public Utilities Commission because the Mayor did not consider her to be a “team player,” and because it appeared that Leal was readying herself for another run for Mayor in 2011. •Leah Shahum is a fearless bike advocate and Executive Director of the San Francisco Bicycle Coalition. She was removed from the city’s Municipal Transportation Agency for being an outspoken critic of the city’s inaction on promoting alternative forms of transportation. •Roma Guy is a fierce advocate for women’s health, a former lecturer in San Francisco State University’s health education department and a longtime progressive activist. She was removed from the city’s Health Commission without explanation. •Debra Walker is the only woman on the city’s powerful Building Inspection Commission, a longtime affordable housing activist, and a fighter for reform and transparency in the Department of Building Inspection (a male-dominated department in a male-dominated field). Walker lost her leadership position on the commission after she was targeted by the mayor’s office for openly disagreeing with his positions. We can’t allow these affronts to go unnoticed and we can’t afford to lose more good women in power — or let the few that remain be silenced into inaction. It is time for women to stand behind our sisters who work hard every day to represent us in government, many on a volunteer basis, while also pursuing full time careers and caring for their families. The National Women’s Political Caucus and the San Francisco Women’s Political Committee are working to increase the number of women in positions of influence in city government. In September of last year, 47 elected officials and other community leaders from the San Francisco women’s community came together for a Women’s Policy Summit where the participants agreed that our top priority is to promote more women to positions of influence in government. Even though women comprise 51 percent of the voting population, we hold only 16 percent of the seats in Congress, 23 percent of state legislative seats nationwide, and 27 percent of the seats on the San Francisco Board of Supervisors. Only one elected executive office in San Francisco — district attorney — is held by a woman. San Francisco must do more to promote women to leadership positions. We must also call on the mayor to appoint women to positions of influence in city government and demand an explanation when he removes qualified women from their posts without good cause. The time for patience and waiting our turn has passed. * Alix Rosenthal, Amy Moy and Micha Liberty Alix Rosenthal is the founder of the San Francisco Women’s Policy Summit. Amy Moy is president of the San Francisco Women’s Political Committee. Micha Liberty is president of the National Women’s Political Caucus (SF chapter). OPINION In the late 1980s, Federal Energy Regulatory Commission member Charles Trabant warned that "the only thing that we have to fear is FERC itself." He was speaking about his agency’s aggressive policy of preempting state regulatory powers and undermining the rights of consumers to encourage utility competition. This spring the Supreme Court will decide whether or not Trabant was right. FERC’s response to the California energy crisis was too little too late. At the height of the crisis FERC urged the state and many utilities desperate to reduce the immediate cost impact of the crisis to purchase long-term power supply contracts. Energy traders call this type of transaction "blend and extend" because the contract is a mix of short- and long-term prices. During this period, California and many utilities followed FERC’s advice and took advantage of this form of contract with the objective of extending the contracts long enough to keep short-term prices down. One utility, for example, tried to limit prices to a 35 percent rate increase. While the immediate effect was to reduce prices, sellers ended up gaining crisis-related scarcity profits over the longer term of the contract. After the crisis abated FERC found that short-term prices including those that had been used in many utilities’ blended contracts were unjust and unreasonable and ordered sellers to refund revenues that exceeded an administratively determined just price. However, FERC denied the pleas of the state of California and others for adjustments to long-term contract prices. Ironically, it did so based on a "public interest standard," a financial test that considers the welfare of sellers but not that of customers. The public interest standard evolved to enable sellers to unilaterally raise a contract price that is below cost in order to avoid financial harm. Clearly, these were not the circumstances facing those who purchased power to temper customer costs. FERC just reckoned that the price would be passed on to customers. The federal courts overturned the FERC decision. The 9th Circuit Court of Appeals found that FERC’s oversight was "fatally flawed" and "offers no protection to purchasers victimized by the abuses of sellers or dysfunctional market conditions that FERC itself only notices in hindsight." Electricity sellers, supported by FERC, have persuaded the Supreme Court to review the 9th Circuit’s ruling. Amicus briefs before the Supreme Court paint a dark picture of unwilling investors not providing the capital necessary to maintain reliable electric systems. The merchant energy sector experienced a severe credit and liquidity crisis in 2002. According to Moody’s Investors Service, the crisis was not caused by regulators’ protecting customers but was due to energy trading having a flawed business model that lacked investment-grade characteristics. The market was taught an expensive lesson with the bankruptcies of Pacific Gas and Electric Co., Enron, Mirant Corp., Calpine, and NRG. During this process, however, bankrupt power generators such as Mirant, the owner of the Potrero Hill power plant in San Francisco, used bankruptcy protection to modify contracts to generate value for their creditors. Creditors have protection in the new competitive markets. Now it is time for the Supreme Court to protect customers too, by enforcing the Federal Power Act as it was written by Congress. Carl Pechman Carl Pechman is an economist and the founder of the energy consulting firm Power Economics in Santa Cruz. By A.J. Hayes Host Allen Ludden and regular panelist Larry Hovis, of Hogan Heroes fame, may have passed on ages ago, but look for the Liar’s Club to make a big return to television on Wednesday. This time the star will be none other than ace pitcher Roger Clemens, and his audience will be members of Congress and baseball fans desperately seeking closure to the steroids era. Like a Clemens strikeout pitch, expect the untruthfulness to come fast and furious. Despite being sworn to tell the truth, Clemens will do anything to get around the accusations that he used performance-enhancing drugs to take his baseball career to a higher level at an age when pitchers have traditionally moved to mop-up roles. › news@sfbg.com The fourth floor of San Francisco’s City Hall feels remote. Dimly lit and strangely quiet, it conveys a sense of isolation from the powerful people who do their work in the lower levels of the building. Here, in an unremarkable conference room, is where the San Francisco Peak Oil Preparedness Task Force is conducting its second meeting. Two of its officers are absent, and only one member of the public has turned up to participate. It is an atmosphere that belies the issue’s cataclysmic potential. The day’s breaking news headlines of oil reaching $100 per barrel for the first time in history is perhaps a harbinger of things to come. One year earlier the price was $58 per barrel. This dramatic increase in such a short span would devastate economies around the world if it continued at anywhere close to that rate. Chairperson Jeanne Rosenmeier, an articulate, contemplative woman, reiterates the task force’s purpose: "Our charge is to examine how the city is going to handle rising oil prices and possible shortages. That is what we have been asked to do." The assessment seems like an understatement, perhaps suggesting that the group is merely looking for solutions to how the average citizen could function better without an automobile. Yet in a society built on oil, the consequences of such an energy crisis are likely to be far more sweeping and problematic than merely high gas prices. While considering models for the study the task force will prepare, Rosenmeier points to Portland, Ore.’s recently completed peak oil report and talks about limiting San Francisco’s effort to outlining the range of scenarios, from small impacts to large. She’s reluctant to acknowledge the extralarge scenario massive worldwide social unrest and full-scale anarchy in the streets of San Francisco which she argues would be harmful to the group’s focus. Jan Lundberg, the task force member in charge of "societal functioning," politely disagrees. Insightful and exuding a sort of deeply ingrained experience, Lundberg has a goatee and a big mane of blond hair that make him look like a Berkeley-ish version of billionaire Virgin CEO Richard Branson. The resemblance is strangely apt when you consider that Lundberg has defected from more lucrative ventures. His family’s business, the Lundberg Survey, has been one of the premier oil industry research authorities in the world for the past few decades, but today Lundberg is volunteering his time to the task force. "You have to look honestly at what we are up against," Lundberg tells the Guardian. "Only then can you come up with intelligent responses to what is occurring. If it is a tsunami coming, then you take action for a tsunami." It might come as news to most San Franciscans that a team of seven relatively unknown, politically appointed volunteers is hashing out the hard realities and dire implications of a potentially massive energy crisis. When the Board of Supervisors unanimously passed a resolution (with Sup. Michela Alioto-Pier absent) in April 2006 to acknowledge the looming phenomenon of the global oil supply being exceeded by demand, San Francisco was the first city in the country to do so. It was a precedent that received little attention from the media, perhaps shrugged off as just another wacky resolution steeped in San Francisco values. For the next 10 months the task force will be preparing a study of mitigation measures to be considered by the city government for implementation into law. Much like the phenomenon of peak oil, their work will also be best assessed in hindsight. For now, some will see them as a team of Chicken Littles sketching a contingency plan for when the sky falls. Yet if the scientific insights that compelled the Board of Supervisors to form the group prove prescient, then the report that the task force is producing may well be crucial to San Francisco’s very survival. Oil has acquired a bad reputation in recent years, as if the resource were not a fossil fuel found in the earth’s crust but a corrupt corporate tycoon spurring international conflicts and gleefully dismantling the ozone layer. Like addicts who blame the substance rather than the habit, we have come to forget that oil is one of the best resources the planet has offered. "Oil is amazing stuff. The 20th century was basically founded on the wonders of petroleum," explains Richard Heinberg, a professor at New College of Santa Rosa and author of several books, including The Party’s Over: Oil, War and the Fate of Industrial Societies (New Society Publishers, 2003). "Oil is very energy dense and can be made into an amazing range of chemicals and products. Our entire way of life is soaked in petroleum," he says. This point tends to get lost in the shuffle. It is often forgotten that more than just powering our cars, petroleum is deeply woven into the fabric of our daily lives. Adding up to a global consumption rate of about 86 million barrels per day, oil plays a starring role in agriculture, industry, infrastructure, and transportation. It heats our homes, paves our roads, and grows our food. So what happens when the global demand for oil begins to outpace the supply? That’s the peak oil question. "Peak oil is not theoretical. Everyone knows that oil is a nonrenewable resource," Heinberg explains, "so at some point our ability to continue increasing the supply will cease. Everyone knows that it will happen. It is just a matter of when." Peak oil is inherently a geological concept, formulated by renowned geophysicist Marion King Hubbert. In 1956, as a researcher for Shell Oil, Hubbert presented his theory to the American Petroleum Institute, claiming that the oil output in the mainland United States would peak in the late 1960s or early ’70s. Though dismissed by his colleagues at the time, Hubbert was vindicated when US oil production peaked in 1970 and the nation became forever dependent on foreign sources of petroleum to meet its energy needs. Hubbert had explained that the production of any petroleum reserve a single oil well, a particular country, or even the entire planet follows a similar bell-shaped curve (now referred to as the Hubbert curve). The logic is that as the supply is first tapped, there is a steady increase of oil output that ascends to a peak (or plateau), which represents the maximum amount of oil that will ever be produced from the designated source. As production descends the other side of the curve, the supply is not exhausted, but future yields will always be lower and more expensive to obtain. For the past 10 years as the price of crude oil has gone from $12 to $100 per barrel on the world market scientists, geologists, petroleum experts, and concerned citizens have increasingly pondered the point at which the global oil supply will not only begin to wane but fail to keep up with surging demand. Proponents of preparing for the impending peak in worldwide petroleum output often cite the steady decline of major oil field discoveries since the 1960s and the alarming number of oil-producing countries that have already hit their peaks. Considering the widespread role petroleum plays in the general day-to-day functioning of our society, an impending decline in overall global production is to put it mildly severely worrying. "People assume that the other side of the peak will be an orderly transition," Lundberg tells us, "but we have no other experience to compare it to." In 2005 the United States Department of Energy completed a study it had commissioned on the topic of worldwide petroleum depletion titled Peaking of World Oil Production: Impacts, Mitigation, and Risk Management. Popularly known as the Hirsch Report (for principal author Robert Hirsch), the study consulted a wide range of scientific and oil industry experts. It painted a startling portrait: "The peaking of world oil production presents the U.S. and the world with an unprecedented risk management problem. As peaking is approached, liquid fuel prices and price volatility will increase dramatically, and, without timely mitigation, the economic, social, and political costs will be unprecedented. Viable mitigation options exist on both the supply and demand sides, but to have substantial impact, they must be initiated more than a decade in advance of peaking." "It is one of the most important government reports of the last half century," Heinberg explains, "because it clearly indicates that this global event of peak oil is going to change everything." Unfortunately, the Hirsch Report has been mostly ignored by Congress, the George W. Bush administration, and the DOE itself (which did not even publish the study for more than a year after its completion). However, the most troublesome aspect of the report is the fact that a sizable selection of the scientists and activists concerned with the topic believe that we’ve already hit the peak. They believe peak oil is happening right now. "Most people in this country are energy illiterate," David Fridley says. "We can’t substitute millions of years of fossil fuels with something that we can manufacture in a factory, like biofuels. So most people don’t get this sense of anxiety about the situation we’re in." Fridley knows a fair amount about energy. Currently a staff scientist leading the China Energy Group of the Lawrence Berkeley National Laboratory, he has spent a large portion of his career working in the Asian oil industry. His deep concern over the implications of peak oil incited him to play a key role in the formation of San Francisco’s task force. "Having spent a year just thinking about this on my own," Fridley tells us, "and everyone around me telling me I was nuts, I decided to join a local group where I could at least meet up with others and see if we might educate people rather than just talking amongst ourselves." In 2005, Fridley met Dennis Brumm a veteran San Francisco activist with an address book containing an A-list of the city’s prime political players who was looking to raise the city’s awareness of the issue. Together with local activists Jennifer Bresee and Allyse Heartwell, they set their sights on bringing the issue of peak oil before the Board of Supervisors. "Tommi Avicolli Mecca of the Housing Rights Committee is a friend of mine," Brumm explains, "so I invited him over to my house one night and had him discuss with us the personalities and quirks of the supervisors and their aides." Having charted the terrain, Brumm’s small group soon began spending its Thursdays and Fridays for the next six months lobbying the supervisors at City Hall. When technical questions were asked, the group referred to Fridley’s decades-long experience in the industry for expert scientific analysis. In April 2006, with backing from District 5 Sup. Ross Mirkarimi and District 1 Sup. Jake McGoldrick, the board passed Resolution Number 224, recognizing "the challenge of Peak Oil and the need for San Francisco to prepare a plan of response and preparation." For Fridley, the resolution and the formation of the task force were matters of appropriate preparation. "We have two oil tankers come under the Golden Gate every day to fill up the local refinery tanks to produce the fuels that keep the Bay Area running," he says. "What would happen if those tankers don’t come in? Or they don’t come for a week? The city has no plan for that, but we have the ability to be better prepared." When discussing the phenomenon of peak oil, Lundberg prefers to use the term petro collapse. It is a turn of phrase that quickly provides insight into his considerable sense of alarm for the days ahead. "It is going to be a globally historic event," Lundberg says. "Imagine a nationwide version of [Hurricane] Katrina." Although ominous in its predictions, Lundberg’s perspective is based on a long road of experience. While he ran the Lundberg Survey with his father in the 1970s, their widely read insider journal for the oil industry predicted the second great oil shock of the decade (in 1979). In the mid-1980s he moved on from the family business to form the Sustainable Energy Institute nonprofit in Washington DC, a move USA Today marked with the headline "Lundberg Goes Green." As suggested by the title of the online magazine he currently edits Culture Change Lundberg has come to view the peak oil phenomenon as being primarily an issue of the American consumer lifestyle. "We have this crazy way of life based on limited resources that are clearly becoming constrained," he says, "and we’re holding on to yesterday’s affluence without realizing that we have already walked off the cliff." Chairperson Rosenmeier, one of Lundberg’s colleagues on the task force, is wary that such an explicitly bleak viewpoint may scare public attention away from the matter. "You have to be careful with peak oil that you don’t immediately leap to ‘We’re all doomed and our economy is doomed,’<0x2009>" she says. "I think there is an intermediate phase, which is what we are being asked to address: the transition from business as usual." An accountant by trade and a longtime Green Party activist, Rosenmeier ran for state treasurer in 2002, garnering about 350,000 votes. Setting an ambitious pace for her contribution to the report, she recently met with the Mayor’s Office of Economic and Workforce Development to request an analysis of how oil prices are related to the orientation of San Francisco’s economy. For this reason, she appears less concerned with predictions than with producing a heavily researched and well-structured report. "I have a very strong vision of what I want the report to look like," Rosenmeier says. "I want us to have a uniformity and a more quantitative approach. I do not want to address the disintegration of our society." The disparity between the views of Lundberg and Rosenmeier reflects the vast spectrum of opinions on how peak oil will manifest, although the extremes go well beyond them: some call peak oil a liberal hoax, while others have converted all of their assets to gold and prepared well-stocked and well-armed bunkers where they can ride out the social and economic storm. The Web site LifeAfterTheOilCrash.net is now getting as many as 23,000 hits per day. Creator Matt Savinar, a graduate of the University of California Hastings College of the Law, abandoned his law career as a futile concern when compared to the implications of peak oil. "It is pretty simple," Savinar tells us. "What do you think is going to happen when the oil-exporting countries like Russia, Venezuela, and Iran say, ‘We cannot export any more because we need to keep it for our own people’? The US will react by starting a war." Although Savinar gravitates toward the most drastic of peak oil’s potential implications, his concerns are shared by some high-profile figures. Rep. Roscoe Bartlett (R-Md.), who has started the small but significant Peak Oil Caucus in Congress, has quoted Savinar’s work in congressional session, while billionaire Richard Rainwater told Fortune magazine he regularly reads Savinar’s site. Pessimistic about the prospect of mitigating the effects of peak oil, Savinar characterizes the efforts of the San Francisco Peak Oil Preparedness Task Force as "throwing a wet rag at a forest fire." In swinging to the opposite end of the spectrum, the vast chasm between opinions on the matter manifests more clearly. Peter Jackson, the senior director of oil industry activity for the Cambridge Energy Research Associates, recently published the results of an in-depth analysis of more than 800 oil fields worldwide, concluding that the declining output rate of established fields is about half as low as originally expected. "I think the danger of a peak [in global oil production] in the short term is minimal," Jackson tells the Guardian. "I think there are plenty of new developments on the books of oil companies, and the prospects for growth are good." While Jackson acknowledges that at some point in the future it will be difficult to increase production, his optimistic viewpoint of the current situation helps to flesh out the dynamics of the overall discussion. As Heinberg explains it, "The debate really is between the near-peak and the far-peak viewpoints." Yet even as Jackson attracts the ire of near-peak proponents such as Heinberg, he still acknowledges the need for swift preparation efforts. "There is still time to think about these issues and plan for the future," Jackson says. "But the sooner we do that the better." Toward the end of the task force’s most recent meeting, the group discusses the city’s potential options for producing its own food supply. As Lundberg points out some of the particulars for pulling up pavement to plant crops, the exchange seems like an excerpt from Ernest Callenbach’s novel Ecotopia (Bantam, 1990). "Streets cannot be pulled up as easily as driveways or parking lots," Lundberg explains. "There is soil immediately below a concrete driveway, whereas the earth beneath a street is much farther down." This talk of tearing up asphalt to transform the city’s urban landscape into a viable agricultural venture may seem strange, until one considers how overreliant modern agribusiness has become on cheap fossil fuels. "About one-fifth of all the petroleum we use goes into some part of our agriculture system," explains Jason Mark, the task force member focusing on the city’s food supply. "Whether that is through transportation and shipping, tractors and farm machinery, or the making of synthetic fertilizers and pesticides it all demands oil." Mark notes that the average American meal travels an estimated 1,500 miles from the farm to the dinner table, a startling figure that can be partly attributed to federal policies like the North American Free Trade Agreement that have encouraged export crops rather than diversified farming for local consumption. "There is no way that San Francisco is going to feed itself in the short term," Rosenmeier says. "Food is going to be a gigantic issue." In a larger sense, it already is. This past December the Food and Agricultural Organization of the United Nations urged governments to take immediate steps to mitigate "dramatic food price increases" worldwide. Meanwhile, a recent cover story in the New York Times ("A New, Global Quandry: Costly Fuel Means Costly Calories," 1/19/08) cited "food riots" in more than half a dozen countries and asserted, "Soaring fuel prices have altered the equation for growing food and transporting it around the world." In the US, the Department of Labor’s Consumer Price Index cited a 5.6 percent increase of national grocery store prices in 2007, echoing sizable domestic price spikes in milk, corn, and wheat supplies. "In a situation where you have sharp increases in the price of fossil fuels, you are going to see spikes in the costs and perhaps even the availability of food," explains Jason Mark, a former employee of Global Exchange and a graduate of the University of California at Santa Cruz’s renowned ecological horticulture program. Mark now splits his time between editing the environmental quarterly Earth Island Journal and comanaging Alemany Farms. In his task force research, Mark plans to focus on two key challenges: increasing food production within San Francisco and improving both production in and distribution from the farms in the Bay Area. "The city is pretty lucky because we are surrounded by all of this incredibly productive agricultural land," Mark explains. "If you were to draw a 100-mile radius around Potrero Hill, you could still have a pretty amazing diet." Of course, the situation is far from simplistic. Climate change has proven to be a wild card in the equation, periodically negating dependable food supplies. Most recently, the entire Australian wheat crop collapsed due to a massive drought, affecting food imports around the world. Less noticeable, though equally problematic, is the strain that biofuels are putting on food supplies. As increases in oil prices are stimuutf8g demands for alternatives, governments must decide whether crops should be used as food or fuel. "Increasing our production of ethanol or biodiesel means direct competition with the food supply," Heinberg says. "In other words, we may see millions of people around the world going hungry so that a small percentage of the population can continue to drive their cars." While such factors translate into a predicament as delicate as it is complex, Mark manages to elude pessimism. "I’m not one of these apocalyptic fetishists inciting for some sort of Mad Max scenario," he explains. "[The task force] is going to come out with a document that, although cautionary in scope, will be really optimistic about how SF can exist as an oil-free city." Amid a vast disparity of opinions from scientists and industry experts expounding both sides of the debate, the San Francisco Peak Oil Preparedness Task Force plans to release its final report in October. As with the issue of climate change almost two decades ago, the task force members face a long climb toward making an impression on an American population that has shown considerable reluctance to alter its lifestyles. And while the deliberation over the onset of peak oil is likely to see little decline among skyrocketing energy costs and increasing geopolitical hostilities, the underlying truth may already be far less complicated. "The era of cheap oil is over," Lundberg says. "Period." * The next meeting of the San Francisco Peak Oil Preparedness Task Force will be on Feb. 5 at 3 p.m. in room 421 of City Hall, 1 Dr. Carlton B. Goodlett Place, SF. Members of the public are strongly encouraged to attend. ————————————————————– OIL ALTERNATIVES In the event of sudden petroleum shortages, how do the alternatives stack up? Ethanol: The Republican choice for weaning the nation off oil is a lucrative venture for red state constituents in the Midwest. However, the drawbacks are numerous. Corn ethanol requires almost as much oil energy to produce as it is meant to replace. Furthermore, it will require 4.8 billion yes, billion acres of corn to match the world’s current rate of annual oil consumption. Hydrogen fuel cells: Touted by conservatives as some kind of miracle fuel because its tailpipe by-product is simply water vapor, hydrogen is a long way from being a viable fuel for cars, if that’s even possible. It takes even more energy to produce than ethanol and can explode in collisions. Nuclear: Expensive and unpopular, nuclear power faces numerous logistical hurdles (particularly safety and long-term waste storage) that make it infeasible in the short and middle terms. Natural gas: A major source of current United States energy consumption (25 percent nationally), natural gas is extremely difficult to ship, making importation from far-off sources impractical. Its supplies are running low in the US, and this nonrenewable fossil fuel is likely to parallel oil in its decline. Wind: This clean power source is being quickly developed around the world as a major generator of electricity. Currently in the US, it accounts for about 1 percent of domestic electricity production, so offsetting the loss of fossil fuel plants would require a massive commitment. Downsides include the danger to migrating birds and the fact that sometimes the wind doesn’t blow. Solar: This is Marion King Hubbert’s choice for replacing fossil fuels. It is a renewable generator of electricity, yet the shortcomings so far have been with finding more efficient and less toxic battery technology to store it. But improving research and strong consumer demand for solar panels point to a promising future. OPINION Nearly 10 years ago Matthew Shepard was crucified on a fence in Wyoming because he was gay. Recently a bill bearing his name failed to pass the United States Senate. S 1105, the Matthew Shepard Act, would "provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes." Its supporters are still pushing for its passage, and Speaker of the House Nancy Pelosi wants to see it approved early this year. Here is why Congress should not bother: Nearly 1,500 hate crimes motivated by sexual orientation were reported in the United States in 2006. To reduce that number we do not need a bill that would give the local sheriff a cash grant after some kid decides to crucify another kid because he likes to kiss boys. We need education. Our school system is structured with the implication of heterosexuality. Any information that be construed as other than strictly heterosexual is rarely taught. James Baldwin is widely read in schools for his writings on the difficulties of living in a racist world. His writings on the difficulties of living in a homophobic world, however, are largely ignored. "The Fire Next Time," an essay on how to "end the racial nightmare" that blacks endure, is more widely read than Giovanni’s Room, which begins with the gay lover of the main male character about to be guillotined. Most students know Alexander the Great as one of the most important generals of history, conquering most of the known world by the time of his death at 33. Some know of his three wives. Few know of Hephaistion, his lifelong companion, with whom it is widely acknowledged he had a sexual relationship. Through such selective edits of history, students learn (falsely) that heterosexuality is the norm and has been throughout time. With this background, is it any wonder that hate crimes based on sexual orientation accounted for more than 15 percent of all hate crimes reported in the US in 2006? These statistics will not be affected by reactionary laws. The Matthew Shepard Act will not change them. It will not allow him to celebrate another birthday. Nor will it help to ensure that no more children are robbed of their birthdays. The best it can hope for is to make sure their persecutors spend their birthdays in jail. We expect schools to teach our children about history, math, and English and, by extension, about society. When they learn about Alexander but not Hephaistion, about "The Fire Next Time" but not Giovanni’s Room, about the Seneca Falls Convention but not Stonewall, they come to understand that heterosexuality is expected, that it is normal. And few children wish to be abnormal. What we need in our schools is a curriculum that acknowledges the different sexualities and perceptions of sexuality that have existed in history. Tell the students about Baldwin’s Giovanni’s Room and Alexander the Great’s Hephaistion. From there, why don’t we let the students decide for themselves what is "normal"? Matthew Shepherd’s attackers are serving consecutive life sentences in prison. S 1105 might send more people to prison with them. But it cannot prevent them from committing the crimes. Education might. And wouldn’t that be a better legacy to leave Shepard? Christina Luu Christina Luu is a student in the Economics Department at Stanford University. She is also a fellow of the Roosevelt Institution’s Center on Education, the nation’s first student-run think tank. She plans to graduate in spring 2010. By Todd Lavoie All right, I’m giving some heads up time here so you can plan your weekend accordingly: Dolly Parton turns 62 this Saturday, Jan. 19. Oh, the possibilities for celebration are endless, aren’t they? Maybe a spin of her 1971 classic Coat of Many Colors (RCA), or how about slappin’ 9 to 5 (oh, my sweet baby Jesus, so that flick is really from 1980?! Now I feel old) into the ole DVD player, or if you’re feeling particularly ambitious, you could always fry up some catfish and hush puppies (two of the Dixie diva’s favorite dishes, which must always be paired together: “One without the other is like pickin’ without grinnin’,” she once famously declared, and who am I to disagree?) Or, how about this: you could Dolly yourself up and swing on over to El Rio this Saturday night for their Tennessee Mountain Birthday Bash! Yep, a night of Dolly music, movies, and homemade pie! Ah, pie – who doesn’t love pie? And did I mention the Dolly-look-alike contest? I smell a photo op! Whatever your plans may be, methinks some serious Happy Haps are in order for Ms. Parton. Sure, we’ve all probably succumbed to Dolly the caricature at one point or another, but the fact remains this: she’s one of the sweetest-voiced, savviest, and most successful artists of our lifetime: 25 number-one singles at last count, and 41 top 10 country albums so far – no one else comes close, even. She has penned some of the most touching, soul-baring, achingly tender melodies of the past five decades. But wait, there’s more: a star in the Hollywood Walk of Fame, inductions into the Country Music Hall of Fame and the Nashville Songwriters Hall of Fame, the distinction of being honored as a Living Legend by the US Library of Congress, as well as being rewarded the National Medal of Arts (the highest honor given by the US government for cultural excellence.) Oh, and let’s not forget: she wrote “Jolene.” Covered by everyone from Olivia Newton-John to the Sisters of Mercy to the White Stripes to Susanna and the Magical Orchestra, it’s an absolute classic in the whole infidelity-song genre, an area with plenty of competition, particularly in country music. Here, in a more recent performance, she gives a shout-out to her drag-queen fans, then kicks up a mighty row with a wicked bluegrass version of the song. B3 note: Good for George McGovern. Good for the Washington Post for running this important timely commentary The McGovern piece reminds me of a major political point: that a big reason the Pelosi Democrats in It’s good that Cindy Sheehan is running against Pelosi and will force these issues into the public arena. Maybe, just maybe, Pelosi will be forced to debate Sheehan and will be forced in the November election to conduct a real campaign for the first time in her home territory to keep her Speaker of the House post. Personal note about McGovern: he comes from South Dakota, a state so conservative that it has outlawed abortions. Its eastern border is l7 miles or so from my northwestern Iowa hometown of Rock Rapids. I have followed him closely through the years. I still marvel that a liberal of his force and eloquence could represent South Dakota for so many years in Congress. Imagine if he were the Speaker of the House. Why I Believe Bush Must Go By George McGovern The Washington Post Nixon was bad. These guys are worse. As we enter the eighth year of the Bush-Cheney administration, I have After the 1972 presidential election, I stood clear of calls to impeach I thought that my joining the impeachment effort would be seen as an Today I have made a different choice. Of course, there seems to be little bipartisan support for impeachment. The political scene is marked by narrow and sometimes superficial But what are the facts? Bush and Cheney are clearly guilty of numerous impeachable offenses. They have repeatedly violated the Constitution. They have transgressed national and international law. They have lied to the American people time after time. Their conduct and their barbaric policies have reduced our beloved country These are truly “high crimes and misdemeanors,” to use the constitutional From the beginning, the Bush-Cheney team’s assumption of power was the In a more fundamental sense, American democracy has been derailed The dominant commitment of the administration has been a murderous, That irresponsible venture has killed almost 4,000 Americans, left many The financial cost to the United States is now $250 million a day and is All of this has been done without the declaration of war from Congress that This reckless disregard for life and property, as well as constitutional I have not been heavily involved in singing the praises of the Nixon But the case for impeaching Bush and Cheney is far stronger than was the The nation would be much more secure and productive under a Nixon How could a once-admired, great nation fall into such a quagmire of It happened in part because the Bush-Cheney team repeatedly deceived The administration also led the public to believe that Iraq was involved in The basic strategy of the administration has been to encourage a climate of The same fear-mongering has led government spokesmen and cooperative Another shocking perversion has been the shipping of prisoners scooped off Although the president was advised by the intelligence agencies last August This is the same strategy of deception that brought us into war in the I can say with some professional knowledge and experience that if Bush Ironically, while Bush and Cheney made counterterrorism the battle cry of Consider the difference between the policies of the first President Bush When the Iraqi army marched into Kuwait in August 1990, President George The Saudis and Japanese paid most of the cost. Instead of getting bogged down in a costly occupation, the administration Iraq was left as a stable country with little or no capacity to threaten Today, after five years of clumsy, mistaken policies and U.S. military It is no secret that former president Bush, his secretary of state, James In addition to the shocking breakdown of presidential legal and moral The veteran CNN commentator Jack Cafferty condenses it to a sentence: “I Any impeachment proceeding must include a careful and critical look at the Impeachment is unlikely, of course. But we must still urge Congress to act. Impeachment, quite simply, is the procedure written into the Constitution It is also a way to signal to the American people and the world that some This, I believe, is the rightful course for an American patriot. As former representative Elizabeth Holtzman, who played a key role in the A President, any President, who maintains that he is above the law – and I believe we have a chance to heal the wounds the nation has suffered in This recovery may take a generation and will depend on the election of a At age 85, I won’t be around to witness the completion of the difficult There has never been a day in my adult life when I would not have We must be a great nation because from time to time, we make gigantic OPINION A major difference between Rep. Nancy Pelosi’s values and my values surfaced last month. On Friday, Dec. 14, I learned that since 2002, Pelosi has been a silent partner in the George W. Bush regime’s torture policy. As a Bay Area resident for the past 15 years, I can say with confidence that the use of torture is not a San Francisco value. According to a Dec. 9 Washington Post article, Pelosi was one of four members of Congress to witness a "virtual tour" of secret CIA detention sites. Officials have described the briefings as "detailed and graphic." The article, by Joby Warrick and Jan Eggen, revealed that the House Intelligence Committee received 30 briefings on the CIA’s torture chambers and the "harsh techniques interrogators had devised to try to make their prisoners talk." In 2003, Congressperson Jane Harman (D-Calif.), who was also present during the briefings, filed a letter of protest over the interrogation program. After the Democrats won control of the House in 2006, Pelosi passed over Harman, who was in line for chair of the Intelligence Committee, instead naming Silvestre Reyes (D-Texas) to the position. Harman, who publicly voiced her discontent at her demotion, was punished for speaking out when Pelosi would not. Pelosi and I both know that the use of torture is outlawed under both the US Army Field Manual and the Geneva Conventions. I have chosen to speak out against the Bush administration’s use of torture. Pelosi has chosen to remain silent. Through her complicity and her actions, Pelosi continues to support an illegal policy that harms our soldiers in the field and is counterproductive to winning the hearts and minds of the Arab and Muslim world. Even committed warmonger Sen. John McCain (R-Ariz.) realizes that the use of torture as a tool to garner information is a flawed and inhumane strategy. Pelosi has used her position as Speaker of the House to protect the criminal Bush regime, and although she has pledged to hold the president accountable for the Iraq war, she continues to give him the money, and therefore the means, to wage it. San Franciscan values are good values. We want every person to be guaranteed the very same basic human rights that Pelosi and her wealthy cronies enjoy: peace, shelter, nutritious and plentiful food, health care, education, and the right to live free from torture. I would add the right to marry whomever one loves regardless of gender or orientation. The neocon hatemongers have tried to make the word liberal an obscenity. Fox News jester Bill O’Reilly has publicly stated that al Qaeda can "go ahead" and "blow up" San Francisco. We cannot allow our values to be marginalized and ridiculed any longer. Our values must spread across this nation because we care about people and we care about true freedom and real representative democracy. Pelosi abdicated her role as defender of our values and needs years ago, but especially so when she countenanced torture and refused to impeach the Bush regime when San Franciscans voted overwhelmingly in a referendum for impeachment. The choice is simple and clear in California’s District 8. If you want San Francisco values represented in Congress, vote for me in November. If you support torture and war crimes, then vote for Pelosi. * Cindy Sheehan Antiwar activist Cindy Sheehan is running for Congress as an independent. Newsom, Leno, Kopp — it’s a wide open field The current field may not be thrilling, but potentially there are so many good choices. Remember: Under the Constitution, you don’t actually have to live in the district to get elected to Congress (you just have to live in the state). And it would be easy for a lot of promeninent San Franciscans to move there, anyway. Let’s start the list: Gavin Newsom. He’s not doing such a great job as mayor, but he’d be a fine member of Congress. It would get him out of town, let him hobnob with Washington society, Jen would love it … and if he won, Aaron Peskin would become mayor. Can’t beat that. Or: Mark Leno. First openly gay member of Congress from the Bay Area. A lifetime job for a guy who loves politics and never wants to leave office. Instead of running against Carole Migden, he could be the class of the Congressional race. Or: Peskin. What the hell; he’s termed out next year and has nothing to do. And just imagine him in Washington. Or: Quentin Kopp. He’s not a young man, but he’s heathy and as energetic as ever — and even as a junior member, he’d put the fear of God in Nancy Pelosi. Or: Matt Gonzalez. He could skip the primary, let the Dems all beat each other bloody then run in the general as a Green. Who else? Let’s get the list going. I’m sorry to hear that Rep. Tom Lantos has cancer, and I wish him well. But I’m very glad he’s leaving Congress; he was bad on the war and has been a foreigh-policy hawk for many years. And now comes the scramble. This is the first time since 1986 that a house seat has opened up in San Francisco. It’s a chance that comes along once in a lifetime for many politicians, and since it’s a safe Democratic district, whoever wins the primary in June will be almost guaranteed a seat in Congress for life. Jackie Speier has already announced, and was prepared to take on Lantos. She instantly becomes the front runner. But I would be shocked if state Sen. Leland Yee didn’t jump in to the race, and I suspect there will be a few others joining the mad scramble. There’s no obvious prominent progressive in the district, but let’s not write this one off yet. And now we need l00,000 people to get Congress to reverse the FCC of George W. Bush to reverse the commission’s sellout to the Big Media who supported us going into Iraq and are now helping keep us there By Bruce B. Brugmann (Scroll down to sign a protest letter to Congress and the New York Times story) As expected, FCC Chairman Kevin Martin and his two Republican colleagues approved new rules that will unleash yet another flood oer media consolidation across the country. As expected, the Big Media is either blacking out or minimalizing the story, with the notable exception of the New York Times which ran an opposing editorial in Monday’s edition and a strong story online today. (See below). As Robert McChesney, the president of Free Press, a valiant media reform group puts it in an action alert, Or, let me add, a city’s diversity, such as San Francsico. Remember the Will and Willie show on the Quake on Clear Channel, a highly valuable show that was killed brutally with no explanation because it didn’t have high enough ratings and wasn’t able to go national? That’s but one local example of this dreadful phenomenon. There are some good people on the liberal Quake on Clear Channel (Thom Hartman, Big Ed Schulz, Randi Rhodes, Rachel Matteo, et al), but none of them bring a San Francisco perspective to the show, even though the city is one of the most liberal and civilized cities in tthe world and has the Speaker of the House and two California Senators (Diane Feinstein in the city, Barbara Boxer in Marin). McChesney rolls the drums and points out that in 2003 the FCC tried to do the same thing, but millions of people demanded that Congress reject the FCC’s rules. And they did, thanks in large part to McChesney’s group. And it’s ttime to do it again. Sign the open letter to Congress, as suggested in the alert below. B3 Read the New York Times article here. Dear Charles, It happened. A few minutes ago, FCC Chairman Kevin Martin and his two fellow GOP commissioners approved new rules that will unleash a flood of media consolidation across America. The rules will further consolidate local media markets — taking away independent voices in cities already woefully short on local news and investigative journalism. In 2003, the FCC tried to do the same thing, but millions of people demanded that Congress reject the FCC’s rules. And they did. It’s time to do it again. We need 100,000 people to get Congress to reverse the FCC’s rules right now. This is about whether we will have access to the information that democracy requires. It is about whether or not we’ll have real news and local voices on radio, television and in the newspaper in your town. It’s about whether the public airwaves will represent our nation’s diversity. Just yesterday — spurred by your calls and letters — 26 senators from both parties sent a letter to the FCC Chairman promising “to revoke and nullify the proposed rule” if the FCC voted to lift the longstanding ban on “newspaper-broadcast cross-ownership.” But Chairman Martin did it anyway. Congress has the power to throw out these rules — and if 100,000 people demand it, they’ll have to listen. Take action now and spread the word. Some say that nobody listens to letters like this. Well they definitely do, and it’s a way you can truly help the cause with just a few clicks. Sign on now — and get your friends to do the same. Your actions are making a difference. Let’s keep up the pressure. And stay tuned — this fight is far from over. Thanks for bringing us this far, Robert McChesney P.S. Spread the word: Recruit three new friends to sign on to this letter and send the message to Congress. P.P.S. Read Senator John Kerry’s blog post on today’s decision on the Free Press Action Network. ——————————————————————————– View more information about this campaign at: www.action.freepress.net/campaign/sbmopenletter Tell your friends about this campaign at: www.action.freepress.net/campaign/sbmopenletter/forward If you received this message from a friend, you can click here to become a Free Press activist. After five years of effort, a group of ten media organizations called the Sunshine in Government Initiative has succeeded in getting Congress to pass a much-needed reform bill that addresses some of the worst problems with the Freedom of Information Act. It now goes to the president — but since there are Republican co-sponsors and it passed pretty overwhelmingly, there’s a chance he’ll sign it. Here’s the official statement: U.S. House Sends FOIA Reforms to President’s Desk, The ten media organizations comprising the Sunshine in Government Initiative Senator Patrick Leahy (D-VT), Sen. John Cornyn (R-TX), House Oversight and The media group members of SGI appreciate the hard work and dedication of Statements from the Sunshine in Government Initiative and SGI Members “After years of growing government secrecy, today’s vote reaffirms the “We applaud Congress for resolving the differences that existed in the House Long-time open government advocate Pete Weitzel, Coordinator of the Community newspapers particularly sought an independent office to resolve Other media leaders praised today’s vote and the bill’s sponsors. ³The ³This is a huge advancement for open government, thanks to the leadership of Other SGI members saw this as a strong change in direction. “Passage of the
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Prince Harry and the Bush twins
Harry goes to war; Bush twins don’t

The (hot) prince at war: Where’s Jenna?
Newsom’s woman problem
Cleaning up FERC’s mess
SPORTS: Pants on fire
Running on empty
SLIPPERY SLOPE
PITCHING THE PEAK
HALF EMPTY OR HALF FULL?
EATING OIL, GROWING FUEL
GLOBAL WARNING
The way to honor Matthew Shepard
Love me some Dolly…and pass the birthday pie at El Rio

George McGovern: Impeach Bush & Cheney!
in its Sunday edition. Question: how many other papers will run it?
Washington have so cravenly caved in to the Bush initiatives, on the war and much else, is because Pelosi wrongheadly pulled the impeachment issue off the table before the last election. This meant, among other things, that the Democrats at the first bugle lost their most important bit of muscle and leverage. The result has been disastrous and the war is now surging.
Sunday 06 January 2008
belatedly and painfully concluded that the only honorable course for me is
to urge the impeachment of the president and the vice president.
President Richard M. Nixon for his misconduct during the campaign.
expression of personal vengeance toward the president who had defeated me.
partisanship, especially among Republicans, and a lack of courage and
statesmanship on the part of too many Democratic politicians. So the
chances of a bipartisan impeachment and conviction are not promising.
to a historic low in the eyes of people around the world.
standard.
product of questionable elections that probably should have been officially
challenged – perhaps even by a congressional investigation.
throughout the Bush-Cheney regime.
illegal, nonsensical war against Iraq.
times that number mentally or physically crippled, claimed the lives of an
estimated 600,000 Iraqis (according to a careful October 2006 study from
the Johns Hopkins Bloomberg School of Public Health) and laid waste their
country.
expected to exceed a total of $1 trillion, most of which we have borrowed
from the Chinese and others as our national debt has now climbed above $9
trillion – by far the highest in our national history.
the Constitution clearly requires, in defiance of the U.N. Charter and in
violation of international law.
law, has been accompanied by the abuse of prisoners, including systematic
torture, in direct violation of the Geneva Conventions of 1949.
administration.
case against Nixon and Vice President Spiro T. Agnew after the 1972 election.
presidency than with Bush. Indeed, has any administration in our national
history been so damaging as the Bush-Cheney era?
killing, immorality and lawlessness?
Congress, the press and the public into believing that Saddam Hussein had
nuclear arms and other horrifying banned weapons that were an “imminent
threat” to the United States.
the 9/11 attacks – another blatant falsehood. Many times in recent years, I
have recalled Jefferson’s observation: “Indeed I tremble for my country
when I reflect that God is just.”
fear, letting it exploit the 2001 al-Qaeda attacks not only to justify the
invasion of Iraq but also to excuse such dangerous misbehavior as the
illegal tapping of our telephones by government agents.
members of the press to imply that we are at war with the entire Arab and
Muslim world – more than a billion people.
the streets of Afghanistan to Guantanamo Bay, Cuba, and other countries
without benefit of our time-tested laws of habeas corpus.
that Iran had no program to develop nuclear weapons, he continued to lie to
the country and the world.
Arabian Desert and could lead us into an unjustified invasion of Iran.
invades yet another Muslim oil state, it would mark the end of U.S.
influence in the crucial Middle East for decades.
their administration, their policies – especially the war in Iraq – have
increased the terrorist threat and reduced the security of the United States.
and those of his son.
H.W. Bush gathered the support of the entire world, including the United
Nations, the European Union and most of the Arab League, to quickly expel
Iraqi forces from Kuwait.
established a policy of containing the Baathist regime with international
arms inspectors, no-fly zones and economic sanctions.
others.
occupation, Iraq has become a breeding ground of terrorism and bloody civil
strife.
A. Baker III, and his national security adviser, Gen. Brent Scowcroft, all
opposed the 2003 invasion and occupation of Iraq.
responsibility, there is the scandalous neglect and mishandling of the
Hurricane Katrina catastrophe.
have never ever seen anything as badly bungled and poorly handled as this
situation in New Orleans.”
collapse of presidential leadership in response to perhaps the worst
natural disaster in U.S. history.
to deal with presidents who violate the Constitution and the laws of the land.
of us feel strongly enough about the present drift of our country to
support the impeachment of the false prophets who have led us astray.
Nixon impeachment proceedings, wrote two years ago, “it wasn’t until the
most recent revelations that President Bush directed the wiretapping of
hundreds, possibly thousands, of Americans, in violation of the Foreign
Intelligence Surveillance Act (FISA) – and argued that, as Commander in
Chief, he had the right in the interests of national security to override
our country’s laws – that I felt the same sinking feeling in my stomach as
I did during Watergate…
repeatedly violates the law – thereby commits high crimes and misdemeanors.”
the opening decade of the 21st century.
series of rational presidents and Congresses.
rebuilding of our sorely damaged country, but I’d like to hold on long
enough to see the healing begin.
sacrificed that life to save the United States from genuine danger, such as
the ones we faced when I served as a bomber pilot in World War II.
blunders, but so far, we have survived and recovered.
Cindy Sheehan’s SF values
Who should run for Lantos’ seat?

After Tom Lantos: The scramble



Lantos, Speier, Yee: The mad rush is on
FCC votes for Big Media
“This is about whether we will have access to the information that democracy requires. it is about whether or not we’ll have real news and local voices on radio, trelevision, and in the newspaper in your town. It’s about whether the public airwaves will represent our nation’s diversity.”
Sign Our Open Letter to Congress
Then get three of your friends to do the same.
President
Free Press
www.freepress.net
FOIA reform bill passes!
Media Groups Praise Changes Helping Public Obtain Documents
(SGI) applaud the House and Senate for passing important bipartisan reforms
to the Freedom of Information Act (FOIA).
Government Reform Chairman Henry Waxman (D-CA), Rep. Tom Davis (R-VA), Rep.
William Lacy Clay (D-MO), Rep. Todd Platts (R-PA) and Rep. Lamar Smith
(R-TX) led the effort to pass this legislation. Senator Jon Kyl (R-AZ) also
played a key role in getting this legislation over the finish line.
these members and their staffs for their diligent work to improve the way
FOIA works for the American public. Members of the SGI coalition include:
American Society of Newspaper Editors, Associated Press, Association of
Alternative Newsweeklies, Coalition of Journalists for Open Government,
National Association of Broadcasters, National Newspaper Association,
Newspaper Association of America, Radio-Television News Directors
Association, Reporters Committee for Freedom of the Press, and Society of
Professional Journalists.
Organizations
public’s fundamental right to know,” said Rick Blum, Coordinator of the
Sunshine in Government Initiative. “Fixing FOIA isn’t a secret. This bill
makes commonsense changes to help the public know what government is up to.
We thank the sponsors who championed real changes and worked hard to keep
the government’s doors open.”
and Senate versions of this important legislation and making its passage a
reality,” said Gilbert Bailon, president of the American Society of
Newspaper Editors and editorial page editor of the St. Louis Post-Dispatch.
“This action reaffirms the public’s right to know and buttresses a statutory
right vital to our Democracy.”
Coalition of Journalists for Open Government, which is a member of SGI,
called the vote “a true holiday gift from Congress.”
disputes. “Strengthening the Freedom of Information Act will pay dividends
in public information for a long time to come. This new law has many
virtues. But as community newspaper journalists, we particularly celebrate
the development of an ombudsman office under the Office of Government
Information Services,” said Steve Haynes, President of the National
Newspaper Association and Publisher of the Oberlin (KS) News. “We hope it
will open doors that have too long been locked by delay and inattention to
information requests. National Newspaper Association congratulates Senators
Leahy, Cornyn and Kyl and House Chairman Henry Waxman for their authorship
and contributions to this bill. We hope this will be the first of many
enactments to improve transparency and help citizens better understand how
the government operates.”
Freedom of Information Act is an indispensable tool for citizens and
businesses to access information about their government, which,
unfortunately, too often includes government waste and wrongdoing,² said
John F. Sturm, President and CEO of the Newspaper Association of America.
³Today¹s bipartisan passage of the OPEN Government Act to strengthen and
reform FOIA is a great day for the public¹s interest in good government. We
applaud the dedication of all the lawmakers who pushed this important
measure forward, particularly Senators Patrick Leahy, John Cornyn, Jon Kyl
and Reps. Henry Waxman and Todd Platts.²
Senators Leahy, Cornyn and Kyl and Representatives Waxman and Platt,² said
Barbara Cochran, president of the Radio-Television News Directors
Association. ³But this isn¹t just a victory for journalists; it¹s a victory
for every single member of the American public. This legislation will
eliminate some of the lengthy delays and persistent backlogs in the FOIA
process that create obstacles and limit the public¹s ability to make
informed choices in their communities.²
FOIA bill will allow not only members of the press but all Americans to hold
their government more accountable. In a time when First Amendment rights
are under attack almost daily in this country, this bill is a major step to
ensuring America has a free press and a government that is transparent and
open,” noted Clint Brewer, president of the Society of Professional
Journalists and Executive Editor of the City Paper in Nashville, Tennessee.
