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Josh Wolf at 81 days

By Sarah Phelan

Spoke to jailed freelance videographer/blogger Josh Wolf by phone on his 81st day at Dublin Federal Correctional Institute. (Wolf clocked 31 days during his first stint, was released on bail, only to get sent back inside when the 9th Court rejected his appeal.)
“This is like the world’s worst summer camp,” joked Wolf, who keeps busy with lots of reading, writing and Scrabble-playing. “Though the people I play Scrabble with keep leaving.”

Wolf hopes to be free when the Democrats take over Congress in January 2007, in part because Martin Garbus, a big shot First Amendment lawyer, is now his lead attorney.

“I’m lucky to have such illustrious counsel. Garbus had been referred to me before I went to jail the first time, but I wanted to meet him face-to-face. Then, while I was inside, an inmate had a copy of Garbus’ 300-page long book, Heroes and Traitors. I read it in four hours straight.”

Another reason for hope: On October 11, Wolf’s legal team filed paperwork with the 9th Circuit in the hope of a rehearing, given that the panel’s decision in his case appears to conflict with a prior decision of the court, in which sessions in which a police officer sought counseling following a contentious and fatal shooting were given protection from investigators’ prying eyes.

In Wolf’s case, he’s being asked to produce video-out takes of a July 2005 anarchist protest turned violent–something he fears the police want to access so they can profile members of the anarchist community.

“The alleged arson of a police car is serious, but so is the chilling effect of trying to get a reporter to work as an arm of the government,” says Wolf, who has only 14 days to go before he tops former New York Times’ reporter Judith Miller’s 95-day stint inside.

“I’m looking forward to being out in the fresh air, walking around –and meeting you face to face,” says Wolf, who believes TV coverage of his case has been adversely affected by Dublin’s ruling that he can only give interviews by phone and that they can’t be taped.

“TV news doesn’t want to report what Josh Wolf says if there’s no voice and no face to go with it,” he observes. As for the fact that the two Chronicle reporters who printed leaked grand jury testimony in the BALCO steroids scandal remain outside, while Wolf remains inside playing Scrabble, is that evidence of preferential treatment of the corporate media, or evidence that the feds had something to gain in their “war on drugs’ by the leaked testimony getting out in print? Stay tuned.

Josh Wolf: 81 days inside, Scrabble Master

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By Sarah Phelan

Spoke to jailed freelance videographer/blogger Josh Wolf by phone on his 81st day at Dublin Federal Correctional Institute. (Wolf clocked 31 days during his first stint, was released on bail, only to get sent back inside when the 9th Court rejected his appeal.)
“This is like the world’s worst summer camp,” joked Wolf, who keeps busy with lots of reading, writing and Scrabble-playing. “Though the people I play Scrabble with keep leaving.”

Wolf hopes to be free when the Democrats take over Congress in January 2007, in part because Martin Garbus, a big shot First Amendment lawyer, is now his lead attorney.

“I’m lucky to have such illustrious counsel. Garbus had been referred to me before I went to jail the first time, but I wanted to meet him face-to-face. Then, while I was inside, an inmate had a copy of Garbus’ 300-page long book, Heroes and Traitors. I read it in four hours straight.”

Another reason for hope: On October 11, Wolf’s legal team filed paperwork with the 9th Circuit in the hope of a rehearing, given that the panel’s decision in his case appears to conflict with a prior decision of the court, in which sessions in which a police officer sought counseling following a contentious and fatal shooting were given protection from investigators’ prying eyes.

In Wolf’s case, he’s being asked to produce video-out takes of a July 2005 anarchist protest turned violent–something he fears the police want to access so they can profile members of the anarchist community.

“The alleged arson of a police car is serious, but so is the chilling effect of trying to get a reporter to work as an arm of the government,” says Wolf, who has only 14 days to go before he tops former New York Times’ reporter Judith Miller’s 95-day stint inside.

“I’m looking forward to being out in the fresh air, walking around –and meeting you face to face,” says Wolf, who believes TV coverage of his case has been adversely affected by Dublin’s ruling that he can only give interviews by phone and that they can’t be taped.

“TV news doesn’t want to report what Josh Wolf says if there’s no voice and no face to go with it,” he observes. As for the fact that the two Chronicle reporters who printed leaked grand jury testimony in the BALCO steroids scandal remain outside, while Wolf remains inside playing Scrabble, is that evidence of preferential treatment of the corporate media, or evidence that the feds had something to gain in their “war on drugs’ by the leaked testimony getting out in print? Stay tuned.

“This is a progressive town”

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By Steven T. Jones

Pollster David Binder was about to begin his regular election post-mortem in the SPUR offices this afternoon when I ran into Mayor Gavin Newsom’s press secretary, Peter Ragone. “Not a very good night for the mayor, huh?” I noted.
But rather than admitting the obvious, Ragone began to spin and dissemble like crazy, shrugging off the defeats of supervisorial candidates Rob Black and Doug Chan – who Newson endorsed and campaigned heavily for – and the approval of a slate of progressive ballot measures that the centrist mayor opposed.
“We endorsed them, but didn’t put a lot into it,” Ragone said, despite the fact that Newsom spent the last two weekends campaigning for Black and Chan (who finished in fourth place) and obviously made a high priority of defeating his main political nemesis of recent years: Sup. Chris Daly.
“The real key for us was Hydra Mendoza, who won [a seat on the school board],” Ragone said. “From my perspective, we now have the mayor’s education advisor on the school board. It’s a good thing.” Perhaps, although I noted that even with support from the mayor and lots of mainstream groups, Mendoza still finished behind a green: Jane Kim. He shrugged again, sticking to his line.
But Ragone can’t spin away the fact that, as Binder said a few minutes later, “I don’t think Newsom had a very good night.”
It was a night for the progressives, with Daly and most of his ballot measures winning decisively and San Franciscans proving themselves to be way to the left of even the leftward national trend. One indicator among many was that nearly 60 percent San Franciscans approved Prop. J, urging Congress to pursue impeachment even though soon-to-be Speaker of the House Nancy Pelosi says she’s taken it off the table.
“It showed that we had a progressive turnout and this is a progressive town,” Binder said.

Keefer looks ahead; calls Pelosi out

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Live report from Sarah Phelan

Krissy Keefer, the candidate for Congress, District 8, rose amid a flurry of Peruvian pan pipes at Café Boheme, dressed in bright green, to address the crowd of her supporters. Her platform had been: US out of Iraq, impeach Bush, stop global warming. With Democrat Nancy Pelosi leading at 77 percent — looks like she may be the next Speaker of the House – Keefer had this to say:

“The most important thing now is to see if measure J passes. Pelosi has to look at what her district wants — impeachment for Bush. Her district was against the Iraq war from the start.

It’s time for Nancy Pelosi to take the interests of San Francisco and put them at the center rather than the margins. People from SF will be watching.”

Pelosi’s perplexing pledge

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When my friend Salli Martyniak heard that Nancy Pelosi would be featured on the CBS news program 60 Minutes, she got excited. Like a lot of professional women who have been turned into political activists by six years of Bush-Cheney-ism, Martyniak’s doing everything she can to end Republican control of the House of Representatives. She’s got the right campaign signs in her yard, she’s writing checks and hosting fundraising events, and she’s knocking on doors and making calls in a politically competitive precinct of the battleground state Wisconsin. And she has always lit up at the prospect of the first female speaker of the House.
But when Pelosi’s segment aired on 60 Minutes three Sundays before the election, Martyniak said, “I was shouting at the television. How could she say that? How could she so miss the point of being an opposition leader?”
What was it that so infuriated my friend and millions of other Americans who want this election to be about holding an out-of-control presidency to account?
Pelosi, the House Democratic leader who may well surf a wave of voter resentment against the Bush administration and Republican misrule into the speaker’s office after the votes are counted Nov. 7, bluntly declared that it would not be the purpose of a Democratic House to restore the rule of law, despite the fact that more than three dozen members of her own caucus are calling for an inquiry into possibly impeachable offenses by the administration, led by Rep. John Conyers of Michigan, who is in line to become chair of the Judiciary Committee if the Democrats retake the House.
“Impeachment is off the table,” Pelosi declared.
“And that’s a pledge?” asked CBS’s Lesley Stahl.
“Well, it’s a pledge in the — yes, I mean, it’s a pledge,” Pelosi responded. “Of course it is. It is a waste of time.”
A waste of time?
Not in the eyes of the American people. A majority of those surveyed last fall in a national poll by Ipsos Public Affairs, the firm that measures public opinion on behalf of the Associated Press, agreed with the statement “If President Bush did not tell the truth about his reasons for going to war with Iraq, Congress should consider holding him accountable by impeaching him.”
It was not entirely surprising that 72 percent of Democrats favored impeachment. What was more interesting was that 56 percent of self-described Independents were ready to hold the president to account, as were 20 percent of Republicans. And given what has been learned over the past year about the deceits employed to guide the United States into Iraq and about the quagmire that has ensued, support for impeachment has undoubtedly risen.
So why has Pelosi been so determined to disassociate herself and her potential leadership of the House from talk of impeachment?
Is she, like former House speaker Carl Albert, the Democrat representative from Oklahoma’s “Little Dixie” region who cautiously approached the issue of impeaching Richard Nixon, fearful that challenging a president who is still popular with conservative voters will cause trouble at home? Spare me. Pelosi represents what may well be the most impeachment-friendly congressional district in the country.
The San Francisco Board of Supervisors voted last February to ask Congress to pursue Bush’s impeachment for leading the country into war in Iraq and undermining civil liberties. And on Nov. 7, San Francisco voters are all but certain to approve Proposition J, urging impeachment. If anything, Pelosi creates political problems at home by being on the wrong side of the impeachment issue, as the spirited challenge she faces this year from proimpeachment Green Krissy Keefer well illustrates.
Since it is impossible to imagine that the House Democratic leader honestly disagrees with the merits of calling the president and vice president to account — especially when, if seen through to its conclusion, the successful impeachment of Bush and Cheney could make her president — she must believe that impeachment is bad politics on the national scale.
But is impeachment really a political loser? Not if history is a guide. There have been nine attempts since the founding of the republic to move articles of impeachment against a sitting president. In the cases in which impeachment was proposed by members of an opposition party, that party either maintained or improved its position in Congress at the next general election. In seven instances the party that proposed impeachment secured the presidency in the next election.
Pelosi’s problem appears to be that she doesn’t want to be accused of repeating the partisan misuse of impeachment that Republicans perpetrated in 1998 and 1999. But the misdeeds of Bush and Cheney are precisely the sort of wrongdoing that impeachment was designed to check and balance.
As a political reporter who has spent a good many years trying to unlock the mysteries of the contemporary Democratic Party, I contend that an openness to impeachment is not just good but essential politics for Pelosi and her caucus. If Democrats retake the House on Nov. 7, it will not be because the party proposed a bold agenda and won on it. Pelosi has shied away from making presidential accountability a central theme of the campaign; arguably, she has shied away from central themes in general — except, of course, to promise that Democrats will behave more admirably than Republicans.
Russ Feingold, the senator from Wisconsin who learned a hard lesson about his party’s interest in accountability when he mounted a lonely effort to censure Bush for authorizing illegal spying on telephone conversations, argues that Democrats are doing well this fall in spite of, rather than because of, their cautious approach. “I hope that people don’t think we are winning because of our meekness,” Feingold said. “We are being handed a tremendous gift, but the voters are going to expect us to do something with it.”
To “do something” that will matter in the long term, something that will give Democrats the moral authority and the political pull that will allow them to correct the country’s course, Pelosi and her fellow partisans must abandon the ahistoric and hyperstrategic politics of a contemporary status quo, which seeks to keep both political parties operating within the narrow boundaries that prevent surprises for entrenched officials, wealthy campaign contributors, and powerful lobbyists. And the first step in that process involves embracing the oath members of the House take — to “support and defend the Constitution of the United States against all enemies, foreign and domestic.”
It is impossible to support and defend the Constitution in this era of executive excess while at the same time taking impeachment off the table. As long as impeachment is wrongly portrayed as the political third rail by Pelosi, standards of accountability remain low, and prospects for fundamental improvement in the national condition are diminished. When it pulls its biggest punch, the opposition party that covets power is limited in its options, tempered in its approach, and muted in its voice.
The benefit of an impeachment fight to an opposition party comes not in the removal of an individual who happens to wear the label of another party. Rather, it comes in the elevation of the discourse to a higher ground where politicians and voters can ponder the deeper meaning of democracy and the republican endeavor.
When the whole of a political party finally concludes that it must take up the weighty responsibility of impeaching a president, as Democrats did in 1974 but Republicans never fully did in 1998, its language is clarified and transfigured. What Walt Whitman referred to as “long dumb voices” are suddenly transformed into clarion calls as a dialogue of governmental marginalia gives way to discussion of the intent of the founders, the duty of the people’s representatives, and the renewal of the republic.
When a political party speaks well and wisely of impeachment, frustrated voters come to see it in a new way. It is no longer merely the tribune of its own ambition. It becomes a champion of the American experiment. To be sure, such a leap entails risk. But it is the risk-averse political party that is most likely to remain the permanent opposition. This is the requirement of politics, not as the game that is played by both major parties but as the essential struggle in which the founders engaged.
If Pelosi hopes to build a new and more vital relationship with the American people, a relationship that runs deeper than any particular issue or individual, she must overcome the irrational fear of presidential accountability in general and impeachment in particular that have so paralyzed Democrats as an opposition force. If Democrats win Nov. 7, it will be because the voters recognize that America needs an opposition party, not to reshuffle the deck chairs on the Titanic that a federal government thrown off course by neoconservative foreign policies and neoliberal economic policies has become, but to turn the ship of state in a new direction.
Pelosi owes it to Salli Martyniak and all the other activists who are pouring themselves and their dollars into making her the next speaker of the House to put impeachment back on the table. Pelosi owes it to her San Francisco constituents who so clearly favor impeachment. Most importantly, Pelosi owes it to the republic that as speaker she will have it in her power to restore and redeem. SFBG
John Nichols, a political writer for the Nation, is the author of The Genius of Impeachment: The Founders’ Cure for Royalism (The New Press). He will discuss the book and impeachment Nov. 1 at 12:30 p.m. at Stacey’s and 7 p.m. at the New College Cultural Center.

Winning in 2006 — and beyond

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EDITORIAL There are plenty of Democrats running for the House and Senate this fall who don’t exactly qualify as liberals. Howard Dean, the (somewhat) grassroots-oriented, progressive party chair, has been largely aced out of a meaningful role in the fall campaigns, which are being run by Rep. Rahm Emanuel (D-Ill.) and Sen. Charles Schumer (D-NY), who have said repeatedly that they’re willing to eschew a coherent program or ideology because what they want to do is win. In fact, there isn’t much of a clear Democratic Party platform at all.
But in a way, that doesn’t matter. The Nov. 7 midterm election is all about President George W. Bush, the war in Iraq, and the precarious state of the US economy. The (ever more likely) prospect of the Democrats taking back both houses of Congress would be a clear and profound statement that the country wants a change.
This year’s Democratic Party is not about fundamental social and economic change. Rep. Nancy Pelosi, who will likely be the next House speaker, has said she won’t consider hearings on or an inquiry into the impeachment of Bush and Vice President Dick Cheney. The Democratic leadership under Pelosi and Sen. Harry Reid (D-Nev.) would likely be far more bipartisan than the Republicans have been. And there are a lot of things that just won’t be on the agenda.
But there are some very strong Democrats who will be in position to chair powerful committees. Rep. John Conyers (D-Mich.) and Rep. Maxine Waters (D–Los Angeles) would be in line to run the House Judiciary Committee. That committee would never allow another PATRIOT Act to emerge. But even more important, Conyers and Waters would likely launch detailed investigations into a long list of Bush administration misdeeds. And with this congressional committee using the investigative authority and subpoena power it holds, the White House would lose a lot of its imperial immunity.
But if the Democrats are going to emerge from the next two years of leading the national legislature with the kind of momentum they’ll need to field a strong presidential candidate in 2008, they’ll need to do more than serve as the loyal opposition. Democrats need to take on some big issues — and the first one is the war. Congress can effectively end the war any time, simply by cutting off funding for it — and while that’s not likely to happen in the first 100 days, the Democrats can and should demand that Bush offer a clear and acceptable timetable for withdrawing from Iraq — and prepare to start cutting appropriations on that schedule.
That would tell the public that the Democratic Party believes in something — and is willing to listen to the large and growing majority in this country who are sick of Bush’s pointless war and want it to end, now. SFBG

Breakfast with Dr. Bish

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This weekend brings a major event: the rare return of Bruce Baillie — whose visions of San Francisco are just as brilliant and uncanny, if not as famous, as Alfred Hitchcock’s — to a movie screen in the city. Contemporary filmmaker Apichatpong Weerasethakul, the director making the most revelatory commercial features today, cites Baillie as his favorite experimental filmmaker. Though Baillie primarily made short films, the philosophical rivers of beauty that run between their works are deep. The moment seemed more than right for a conversation between Baillie and filmmaker Michelle Silva, who helps run Canyon Cinema, one of the two organizations (along with SF Cinematheque) that Baillie founded. They got on the phone and let the tape roll. SFBG We’re recording. BRUCE BAILLIE How do they say that in the industry? SFBG “For quality assurance, we’re recording this conversation.” BB Well, for the recorder’s sake, I might be mumbling a little, because I’m still eating my second bowl of cereal. It’s the famous Dr. Bish’s elixir, which all filmmakers require. SFBG You’ve built a monumental body of cinema now housed in our Library of Congress. You’ve also founded two distinguished organizations, the avant-garde film distributor Canyon Cinema and the experimental film and video exhibitor San Francisco Cinematheque, which both began in your own backyard over 40 years ago. At the beginning, did you have any forethought about the significance of your work and the movement you would initiate? BB To give a generic response, probably not. People don’t operate that way generally. Adolf Hitler probably had a pretty grand idea at the beginning, but it was ill founded. Theater was always one of the bases. I was very taken by Balinese theater and Noh theater. Also [Jean] Cocteau’s admonishments that all theater must arise from local familiarity. We had all those ingredients there, almost like baking bread, and it did arise very nicely and warmly and simply. We had a theater in the woods with the neighbors coming over and putting up park benches. There was a big old willow tree by our house and conveniently, a hill behind that held the big surplus screen nicely. I always say to myself, “What is theater made of?” and it really is any collage collection of sticks and stones. It can be highly technical or it can be like the charred bones and the fire out in the desert of Mongolia. If it’s done with that kind of ancient mind-set, that kind of respect and adulation of the content — and also the Irish tradition of the manner of presentation — then you’re all right. It could be under the apple tree that I’m looking at now while we speak. I’m not too worried about all the modern stuff, aside from the problem of the way semiconscious people identify with the mere technology of it and become two-dimensional. Then you don’t have theater, you have President Bush at Harvard taking business administration. SFBG When I watch your films, such as Here I Am, the tightly framed faces reveal unconventional beauty. Could you talk about the people who do appear in your films? BB I will try … I’m going to have to wash the Bishery off my teeth. The only trouble with the Bish formula at breakfast is that it not only gives you thick ankles eventually if you keep eating it, but it’s also hard on the dentures or teeth. We don’t like to admit it on the labels. We have a big business shipping this stuff out of the house in a dehydrated form to all the filmmakers in the world. Especially in Asia, it’s very popular. We sent a batch to South Korea for a festival. I just got their booklet back, from a Dr. Kim. I didn’t realize she was such an esteemed colleague of the doctor here. Apparently the huge batch of dehydrated Bishery was rejected by most of the younger people there, who prefer their own diet, so they sent it up to North Korea. I don’t know what’s going to come of that. I might be able to save us from the bombs and everything they’re trying to throw over here. Anyway, avante, as my old friend would say — on to the question. There’s all kinds of references in our literature, especially, I suppose, in the holy works like the Gita and the writings of the Buddha, which run across the idea of direct perception. Just seeing. Or in the Bible, the Old Testament. Or the Tibetan teachings for the acolytes who were becoming monks and priests — they used to sit up above the road, maybe one at a time, and observe the faces coming up from the world below. For some reason, when most people take a camera in hand and click on a face, all they get is a two-dimensional representation. I don’t see why I’d wanna be satisfied by that. When you photograph, you photograph what is, not what is merely apparent or not. That’s the assignment, really, and it’s not completed and shouldn’t be exceptional. SFBG The spiritualism in your films, like Mass of the Dakota Sioux, Tung, and On Sundays, seems to be combined with a little bit of disdain for modern civilization. There’s that mixture. BB Well, there’s what Jesus called hatred of the world — which is something one might be able to teach his or herself along the way, to give up all the appearances and become one with the continuity of life flow itself. That’s a whole process. Some people, like myself, are born with a disdain, yes, for the world in that other sense. For example, my totem animal is a wolf, and I’ve never liked my neighbors. That’s a horrible thing, but I was born with that in my portfolio and I work with that every day. Some people really are very fond of going to the supermarket and the malls and are able to behave themselves when they’re buying a pair of shoes. Actually, whether they believe in it all or not doesn’t seem to come into any question, and overall it’s quite wonderful that they’re able to be not only very kind but loving with all of these comings and goings. To me, going to the aerodrome to pick up the Alaska Air number 387 is the most frightening kind of experience that anyone could have devised in purgatory. In my own case, since you’re asking me, this person, not someone else, about the images they project, the images are contaminated with not only a great universal love but at the same moment a great hatred for the goings on of worldly affairs and events and shapes and forms. So as I get into nature I find it less contaminated by man’s touch, but it’s also frightening in its own way, of course, with all the monsters at the edge of the world that are ready to devour you when you’re out on your sailboat in the Atlantic. And the tigers in the night and the ragings of the great beasties. SFBG In your work there will sometimes be a shot where the subject is the mist or the fog. Those two aspects cut together create a tension that has an emotional effect. How would you say your palette developed and matured over time? BB I lived my life with the camera and I deliberately took on nothing else. No family, which is the main thing one gives up to live that kind of life, and I lived en route, always on the move. Living in my car, just seeing and trying my best to get it through that little eyepiece, that little Bolex viewfinder — the first version, which was half the size of the later version. I can’t see through it anymore, it’s so small. There’s no reason at all to settle for anything less than a grand attempt at bringing back from the unknown what is there. The what is of this. Part of it can kind of humorously involve a practice that I used to throw out when I was teaching, that is, to learn to become invisible. I would line all my students up and say, “OK, everybody close their eyes,” and then I would run around the corner [laughs] and disappear. We’d go into it a little further, where I’d say, “What I really meant was we have to learn not to use the camera, just the way a policeman has to learn not to use his or her pistola.” It’s a weapon, a medium, that exists between self and other. One must become selfless, invisible, in order to relate to the other or vice versa. “When you meet the tiger on the trail, you become one with him instantly by your training so that there’s no fear.” Rather than ignorantly involving one’s self in confrontational relationships, one intelligently unifies the selfhood between the two appearances and it becomes one reality. That’s how you work with a Bolex. (Intro by Johnny Ray Huston; interview by Michelle Silva)

Defeating Pombo

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EDITORIAL One of the half-dozen worst members of the United States Congress represents a district less than 50 miles from San Francisco. Republican Richard Pombo of Tracy chairs the House Resources Committee and has used that post to attempt to eliminate the Endangered Species Act and gut a long list of environmental regulations. He’s been an ally of Tom DeLay and Jack Abramoff. He’s rabidly antichoice. And if the Republicans keep control of the House, he will become even more powerful.
A few months ago, his seat seemed fairly safe: Pete McCloskey, a liberal Republican, challenged him in the primary but didn’t even come close to defeating Pombo. His Democratic challenger, energy consultant Jerry McNerney, was way behind in fundraising and the national Democratic Party wasn’t exactly targeting this as a competitive seat.
But times change quickly, and right now some polls (although admittedly ones taken by McNerney and his allies) show the race close enough that an upset is entirely possible. The GOP is clearly worried and has poured half a million dollars into Pombo’s campaign. McNerney’s now on the national radar; retired general Wesley Clark came out to endorse him, and there’s Democratic Party money flowing in too. But he’s still behind Pombo, and resources may turn out to be a key factor in the final weeks.
McNerney isn’t a San Francisco liberal by any stretch (he’s even been a consultant to Pacific Gas and Electric Co., albeit on alternative energy). But he’s radically better than Pombo: he’s pro-choice and pro-labor, and as someone whose career is in the wind power business, he’s got a real understanding of energy and environmental issues.
We support McNerney, and we’re more than happy to endorse him, even though he’s outside the area for which we usually issue recommendations. But for San Francisco and central East Bay residents, whose Democratic congressional representatives face no real opposition, this may be a place to put some money and political energy: McNerney is holding an SF fundraiser, and his campaign is looking for volunteer help. Defeating Pombo would be a huge coup and might be one of the most effective ways for local folks to help Democrats take back the House. SFBG
McNerney’s fundraiser is Oct. 11 from 6 to 8 p.m. at Delancey Street, 600 Embarcadero, SF. Info: (925) 556-7077.

Same-sex marriage: On to the Supreme Court

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EDITORIAL It’s hard to take the California Courts of Appeal decision on same-sex marriage seriously. It reads like some sort of joke, the product of a bad old mind-set that this country put behind it almost 40 years ago when the US Supreme Court struck down bans on interracial marriage. It’s worse though: the court, by a 2–1 decision, seems to imply that gay and lesbian people don’t have the same fundamental legal rights as everyone else, that discrimination against them doesn’t need to be viewed with strict legal scrutiny.
Hiding behind the absurd notion that the court would be usurping the role of the legislature by finding that it’s unconstitutional to outlaw same-sex marriage, Justices William R. McGuiness and Joanne C. Parrilli overturned a landmark ruling by San Francisco Superior Court Judge Richard Kramer and set the stage for what has to be a full debate before the state Supreme Court.
On many, many levels, this is the defining civil rights issue of our era — and the state’s highest court must agree to take the case and overturn this embarrassingly misguided decision.
The court goes out of its way to try to sound sympathetic to gay and lesbian couples, acknowledging in its ruling that social standards are changing and that “gay and lesbian couples can — and do — form committed, lasting relationships that compare favorably with any traditional marriage.” But the two judges in the majority argue that the state legislature hasn’t legalized same-sex marriage, so there’s nothing the courts can do.
That, of course, is nonsense and flies in the face of centuries of American legal jurisprudence (and most recently, of the well-reasoned decision by Judge Kramer). The Virginia legislature had explicitly refused to legalize marriage between people of different races when the Loving case came before the US Supreme Court in 1967; the court ruled, quite properly, that the so-called antimiscegenation laws by their very nature deprived people of a fundamental constitutional right. The right to an abortion was never established by Congress; the Supreme Court ruled in 1973 that the constitutional right to privacy protected the right of a woman to terminate her pregnancy. The list goes on and on: when courts find that state and federal legislators have acted in a way that undermines basic legal rights, they often wind up enshrining in law rules that were never put to a majority vote.
Besides, let’s remember: the state legislature did take up this issue and passed a bill — which the governor vetoed, saying he was leaving the issue to the courts.
Justice J. Anthony Kline, the lone dissenting voice, put it very nicely: “To say that the inalienable right to marry the person of one’s choice is not a fundamental constitutional right, and may therefore be restricted by the state without a showing of compelling need, is a terrible backward step…. Ignoring the qualities attached to marriage by the Supreme Court, and defining it instead by who it excludes, demeans the institution of marriage and diminishes the humanity of the gay men and lesbians who wish to marry a loved one of their choice.”
San Francisco City Attorney Dennis Herrera will, of course, appeal this decision to the state Supreme Court, where everyone has assumed it was heading anyway. But there’s a danger here: the high court could duck the entire issue, more or less, by simply declining to hear the case and letting the appeals court decision stand. That would be a tragedy. Everyone involved on all sides agrees that this is a huge issue, both legally and politically, and two appellate judges on a sharply divided three-judge panel simply can’t be allowed to hold the last word.
We urge the Supreme Court to take the case. So should every Democratic (and decent-minded Republican) politician running for office this fall, starting with Jerry Brown, the leading candidate for attorney general.
The ultimate outcome of the debate over same-sex marriage isn’t in doubt. A few years from now — 5, 10, 15, 20 — the bigots will have lost their hold on politics and same-sex marriage will be as widely accepted as interracial marriage is today. California can either be a national leader in this progressive cause — or suffer the shame and embarrassment of being a state where the highest court enshrined unconscionable and indefensible discrimination into its constitution. SFBG
The appeals court decision and Justice Kline’s dissent can be viewed at www.courtinfo.ca.gov/opinions/documents/A110449.DOC.

East Bay races and measures

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Editor’s note: The following story has been altered from the original to correct an error. We had originally identified Courtney Ruby as running for Alameda County Auditor; the office is actually Oakland City Auditor.

Oakland City Auditor
COURTNEY RUBY
Incumbent Roland Smith has to go. He’s been accused of harassing and verbally abusing his staff and using audits as a political weapon against his enemies. The county supervisors have had to reassign his staff to keep him from making further trouble. And yet somehow he survived the primary with 32 percent of the vote, putting him in a November runoff against Courtney Ruby, who led the field with 37 percent. Ruby, an experienced financial analyst, would bring some credibility back to the office.
Peralta Community College Board, District 7
ABEL GUILLEN
Challenger Abel Guillen has extensive knowledge of public school financing and a proven commitment to consensus building and government accountability. In the last six years Guillen, who was raised in a working-class community and was the first in his family to go to college, has raised $2.2 billion in bond money to construct and repair facilities in school districts and at community colleges. Incumbent Alona Clifton has been accused of not being responsive to teachers’ concerns about the board’s spending priorities and openness.
Berkeley mayor
TOM BATES
This race has progressives tearing at each other’s throats, particularly since they spent a ton of cash last time around to oust former mayor Shirley Dean and replace her with Tom Bates, who used to be known as a reliable progressive voice.
Bates’s reputation has shifted since he became mayor, and his record is a mixed bag. This time around, he stands accused of setting up a shadow government (via task forces that duplicate existing commissions but don’t include enough community representatives), of giving developers too many special favors instead of fighting for more community benefits, and of increasingly siding with conservative and pro-landlord city council member Gordon Wozniak.
The problem is that none of Bates’s opponents look like they would be effective as mayor. So lacking any credible alternative, we’ll go with Bates.
Berkeley City Council, District 1
LINDA MAIO
Incumbent Linda Maio’s voting record has been wimpy at times, but she is a strong proponent of affordable housing, and her sole challenger, Merrilie Mitchell, isn’t a terribly serious candidate. Vote for Maio.
Berkeley City Council, District 2
DONA SPRING
A valiant champion of every progressive cause, incumbent Dona Spring is one of the unsung heroes of Berkeley. Using a wheelchair, she puts in the energy equivalent of two or three council members and always remains on the visionary cutting edge. If that weren’t enough, her sole challenger, Latino businessman and zoning commissioner Raudel Wilson, has the endorsement of the Berkeley Chamber of Commerce. Vote for Spring.
Berkeley City Council, District 7
KRISS WORTHINGTON
Incumbent Kriss Worthington is an undisputed champion of progressive causes and a courageous voice who isn’t afraid to take criticism in an age of duck and run, including the fallout he’s been experiencing following the closure of Cody’s on Telegraph Avenue, something conservatives have tried to link to his support for the homeless. His sole challenger is the evidently deep-pocketed George Beier, who describes himself as a community volunteer but has the support of landlords and the Berkeley Chamber of Commerce and has managed to blanket District 7 with signage and literature, possibly making his one of the most tree-unfriendly campaigns in Berkeley’s electoral history. Keep Berkeley progressive and vote for Worthington.
Berkeley City Council, District 8
JASON OVERMAN
Incumbent Gordon Wozniak postures as if he is going to be mayor one day, and he’s definitely the most conservative member of the council. During his tenure, Wozniak has come up with seven different ways to raise rents on tenants in Berkeley, and he didn’t even vote against Gov. Arnold Schwarzenegger’s special election last year. Challenger Jason Overman may be only 20 years old, but he’s already a seasoned political veteran, having been elected to the Rent Stabilization Board two years ago. Vote for Overman.
Berkeley city auditor
ANN-MARIE HOGAN
Ann-Marie Hogan is running unopposed for this nonpartisan post, which is hardly surprising since she’s done a great job so far and has widespread support.
Berkeley school director
KAREN HEMPHILL, NANCY RIDDLE, NORMA HARRISON
With five candidates in the running and only three seats open, some are suggesting progressives cast only one vote — for Karen Hemphill — to ensure she becomes board president in two years, since the job goes to the person with the most votes in the previous election.
Hemphill has done a great job and has the support of Latino and African American parent groups, so a vote for her is a no-brainer.
So is any vote that helps make sure that incumbents Shirley Issel and David Baggins don’t get reelected.
Nancy Riddle isn’t a hardcore liberal, but she’s a certified public accountant, so she has number-crunching skills in her favor. Our third pick is Norma Harrison, although her superradical talk about capitalism being horrible and schools being like prisons needs to be matched with some concrete and doable suggestions.
Rent Stabilization Board
DAVE BLAKE, HOWARD CHONG, CHRIS KAVANAGH, LISA STEPHENS, PAM WEBSTER
If it weren’t for the nine-member elected Rent Stabilization Board, Berkeley would have long since been taken over by the landlords and the wealthy. This powerful agency has been controlled by progressives most of the time, and this year there are five strong progressives running unopposed for five seats on the board. We recommend voting for all of them.
Oakland City Council
AIMEE ALLISON
When we endorsed Aimee Allison in the primary in June, we pointed out that this was a crucial race: incumbent Patrician Kernighan has been a staunch ally of outgoing mayor Jerry Brown and Councilmember Ignacio de La Fuente — and now that Ron Dellums is taking over the Mayor’s Office and a new political era could be dawning in Oakland, it’s crucial that the old prodevelopment types don’t control the council.
Kernighan’s vision of Oakland has always included extensive new commercial and luxury housing development, and like De La Fuente, she’s shown little concern for gentrification and displacement. Allison, a Green Party member, is the kind of progressive who could make a huge difference in Oakland, and she’s our clear and unequivocal choice for this seat.
From crime to city finance, Allison is well-informed and has cogent, practical proposals. She favors community policing and programs to help the 10,000 parolees in Oakland. She wants the city to collect an annual fee from the port, which brings in huge amounts of money and puts very little into the General Fund. She wants to promote environmentally sound development, eviction protections, and a stronger sunshine ordinance. Vote for Allison.
East Bay Municipal Utility District director, Ward 4
ANDY KATZ
Environmental planner Andy Katz is running unopposed. Despite his relative youth, he’s been an energetic and committed board member and deserves another term.
AC Transit director at large
REBECCA KAPLAN
Incumbent Rebecca Kaplan is a fixture on the East Bay progressive political scene and has been a strong advocate of free bus-pass programs and environmentally sound policies over the years. A former public interest lawyer, Kaplan’s only challenger is paralegal James K. Muhammad.
Berkeley measures
Measure A
BERKELEY PUBLIC SCHOOLS TAX
YES
This measure takes two existing taxes and combines them into one but without increasing existing rates. Since 30 percent of local teachers will get paid out of the revenue from this measure, a no vote could devastate the quality of education in the city. Vote yes.
Measure E
RENT STABILIZATION BOARD VACANCY
YES
Measure E seeks to eliminate the need to have a citywide special election every time a vacancy occurs on the Rent Stabilization Board, a process that currently costs about $400,000 and consumes huge amounts of time and energy. The proposal would require that vacancies be filled at November general elections instead, since that ballot attracts a wider and more representative group of voters. In the interim, the board would fill its own vacancies.
Measure F
GILMAN STREET PLAYING FIELDS
YES
Measure F follows the council’s October 2005 adoption of amendments that establish the proper use for public and commercial recreation sports facilities, thereby allowing development of the proposed Gilman Street fields. Vote yes.
Measure G
GREENHOUSE GAS EMISSIONS
YES
Measure G is a nice, feel-good advisory measure that expresses Berkeley’s opinion about the dangers of greenhouse gas emissions to the global climate and advises the mayor to work with the community to come up with a plan that would significantly reduce such emissions, with a target of an 80 percent reduction by 2050. Vote yes.
Measure H
IMPEACHMENT OF PRESIDENT GEORGE BUSH AND VICE-PRESIDENT DICK CHENEY
YES
In left-leaning Berkeley this is probably the least controversial measure on the ballot. Do we really need to spell out all over again the many reasons why you should vote yes on this issue?
If this measure passes, both Berkeley and San Francisco will have taken public stands in favor of impeachment, which won’t by itself do much to force Congress to act but will start the national ball rolling. Vote yes.
Measure I
AMENDING CONDO CONVERSION ORDINANCE
NO, NO, NO
Measure I is a really bad idea, one that links the creation of home ownership opportunities to the eviction of families from their homes. It was clearly cooked up by landlord groups that are unhappy with Berkeley’s current condo conversion ordinance, which allows for 100 conversions a year. Measure I proposes increasing that limit to 500 conversions a year, which could translate into more than 1,000 people facing evictions. Those evictions will hit hardest on the most financially vulnerable — seniors, the disabled, low- and moderate-income families, and children. With less than 15 percent of current Berkeley tenants earning enough to purchase their units, this measure decreases the overall supply of rentals, eliminates requirements to disclose seismic conditions to prospective buyers, and violates the city’s stated commitment to fairness, compassion, and economic diversity. Vote no.
Measure J
AMENDING LANDMARK PRESERVATION ORDINANCES
YES
A well-meaning measure that’s opposed by developers, Measure J earns a lukewarm yes. It establishes a nine-member Landmarks Preservation Commission; designates landmarks, structures of merit, and historic districts; and may approve or deny alteration of such historic resources but may not deny their demolition. It’s worth noting that if Proposition 90 passes, the city could face liability for damages if Measure J is found to result in substantial economic loss to property — all of which gives us yet another reason to say “vote no” on the horribly flawed Prop. 90 while you’re voting yes on Measure J.
Oakland Measures
Measure M
POLICE AND FIRE RETIREMENT BOARD INVESTMENTS
YES
Measure M would amend the City Charter to allow the board that oversees the Oakland Police and Fire Retirement System (PFRS) slightly more leeway in making investment decisions. The board claims that its current requirements — which bar investment in stocks that don’t pay dividends — are hampering returns. That’s an issue: between July 2002 and July 2005, the unfunded liability of the PFRS grew from $200 million to $268 million — a liability for which the city of Oakland is responsible. We’re always nervous about giving investment managers the ability to use public money without close oversight, but the new rules would be the same as ones currently in place in San Francisco and Los Angeles.
Measure N
LIBRARY IMPROVEMENT AND EXPANSION BONDS
YES
Oakland wants to improve and expand all library branch facilities, construct a new main library at the Henry J. Kaiser Convention Center, and buy land for and construct two new library facilities in the Laurel and 81st Avenue communities. The upgrades and construction plans come in response to residents’ insistence that they need more space for studying and meeting, increased library programs and services, tutoring and homework assistance for children, increased literacy programs, and greater access to current technology and locations that offer wi-fi.
This $148 million bond would cost only $40 a year for every $100,000 of assessed property. Vote yes.
Measure O
INSTANT RUNOFF VOTING
Ranked-choice voting, or instant runoff voting, is a great concept. The city of Oakland is using it to elect officials in the November election without holding a prior June election. There’s only one problem: so far, Alameda County hasn’t invested in voting equipment that could make implementing this measure possible. Voting yes is a first step in forcing the county’s hand in the right direction. SFBG

Divorcing Columbus

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OPINION This year may go down in history as the one new immigrants reignited a civil rights mobilization in the United States. Their efforts, like those of the black liberation movement of the ’60s, will certainly become a catalyst for progressive action from many communities. As southern Italian Americans, this Columbus Day we have to ask our community the age-old question — which side are we on? Unfortunately, many of us have chosen exactly which side we are on: supporting racist immigrant bashers, whether they are legislators in the halls of Congress or vigilante Minutemen. As progressive Italian Americans, we support new immigrants because of the simple fact that our folks were once in the same situation that newcomers find themselves in: overworked, exploited, and demonized for quick political gain. It’s time for the Italian American community to finally reclaim our social justice tradition, divorcing the dazed and confused explorer who discovered a country that was already inhabited. Instead of Columbus, we honor the Italians, Cubans, and Spaniards of Ybor City, Fla., who worked in the cigar industry and were able to create a Latin culture based on values such as working-class solidarity and internationalism (see “Lost and Found: The Italian American Radical Experience,” Monthly Review, vol. 57, no. 8). We also remember the Italian American radicals who were a part of labor actions in the early 1900s, including the Lawrence textile, Paterson silk, Mesabi Iron Range, and New York City Harbor strikes. This year, instead of conquest, we acknowledge those who stood up for justice. Everyone knows about Al Capone, but what about Mario Savio, a founder of the free speech movement in Berkeley in the ’60s? Most people can recite the names of Italian American singers such as Madonna and Frank Sinatra, but they don’t know Cammella Teoli, the 13-year-old southern Italian girl who appeared before Congress in 1912 to testify in her broken English about the horrible working conditions in America’s sweatshops. It’s not surprising that Italian Americans forgot those things. We faced a lot of discrimination when we arrived: two unionists, Nicola Sacco and Bartolomeo Vanzetti, were falsely accused of murder and executed. Italian Americans in the south were lynched by white supremacists. During World War II, thousands were relocated or jailed on suspicion of being enemy aliens. After the war, the anticommunist witch hunts began with the arrest and deportation of Italian American radical Carl Marzani. Today, Italian Americans don’t have to face these threats, yet those who immigrate from Central and South America, Asia, and the Middle East do. It is unlikely that Congress will pass any form of legislation reform this year, and many cities have instituted local statutes designed to run immigrants out of town. Minutemen and similar groups are harassing day laborers in the Bay Area and beyond. As Italian Americans, we call upon our paesani and paesane to remember our roots. Emboldened racists can be stopped — when those of us they claim to represent support the work of grassroots organizations of color bravely confronting these throwbacks. By divorcing Columbus, we start to break down the logic of conquest, which invariably leads to wars abroad and repression at home. SFBG Tommi Avicolli Mecca and James Tracy Tommi Avicolli Mecca and James Tracy are Italian American radicals who organize the annual “Dumping Columbus” reading. This year it’s Oct. 9, 7 p.m., City Lights, 261 Columbus, SF, featuring the legendary Diane DiPrima.

Casting off

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› amanda@sfbg.com
Hornblower Yachts assumed control of the ferry service to Alcatraz Island on Sept. 25. As the new crew cast off the dock lines, spurned union workers — some 30-year veterans with the former contractor, Blue and Gold — rallied with supporters at the entrance, asking passengers not to board the boats.
Two union-friendly visitors from Sydney, Australia, ripped up their tickets and demanded refunds. “We don’t agree with what they’re doing to the workers,” one said, while in the background Supervisors Aaron Peskin and Tom Ammiano took turns with the bullhorn, also offering their support to the workers.
“All of our colleagues on the board are not going to stand for it,” Peskin said to the couple hundred laborers gathered on the sidewalk. “We’re going to stand with you and march with you.”
Terry MacRae, CEO of Hornblower, expressed little concern about the boycotting tourists and the rally at his gate. “I suspect there’s plenty more people who want the tickets if they’re not going to use them,” he told the Guardian. Visits to Alcatraz peak this time of year, with a couple thousand people turned away every day when tickets sell out, according to National Park Service spokesperson Rich Wiedeman.
The NPS decision to grant the lucrative, 10-year contract to Hornblower over Blue and Gold has resulted in more than just what some are calling the largest union layoff in San Francisco waterfront history. The story also has an environmental angle as slick as an oil spill and a nasty landlord-tenant tussle.
“The port and I are extremely concerned with how Hornblower has conducted itself,” City Attorney Dennis Herrera told the Guardian, referring to the company’s artful dodge of city and state permitting processes. “They’ve focused more energy on sidestepping public oversight than complying with it.”
Despite infuriating two leading San Francisco institutions — unions and city planners — MacRae has managed thus far to avoid too much of a stir by keeping another critical local constituency off his back with a well-played “green” card.
THE GREEN MACHINE
When NPS put out a request for proposals in 2004, three companies submitted bids for Alcatraz: Red and White, a local charter and bay cruise company that ran the service when it first started in the ’70s; Blue and Gold, which took over Red and White’s boats and unionized crew in 1994; and Hornblower Cruises and Events, which runs charter and dinner boat cruises from five California ports and is a subsidiary of a larger, $30 million company.
When Brian O’Neill, superintendent of the Golden Gate National Recreation Area, announced last year that Hornblower won the bid, union activists immediately challenged the choice. Mayor Gavin Newsom, Peskin, Rep. Nancy Pelosi, and both of California’s US senators expressed concerns about the decision. Neighborhood group Citizens to Save the Waterfront filed suit. Environmentalists, however, were elated.
For the first time since being passed by Congress in 1998, the Concessions Management Act applied to the bid for Alcatraz. In addition to forbidding the Department of the Interior from favoring incumbent contractors, the act also outlined new criteria for awarding contracts that included a mandate to improve environmental quality in national parklands.
“Bluewater Network has been advocating for more than five years for a solar- and wind-powered ferry for San Francisco Bay,” said Teri Schore, a spokesperson for the local environmental group. She added that diesel vessels in the Bay Area account for more pollution than cars and buses combined. “We’ve been talking to every ferry operator on the bay, and we also knew that the Alcatraz contract was up. We thought it was the perfect application.”
Hornblower’s MacRae wrote a provision into his bid that within two years of taking over the Alcatraz service, the company would build and launch a ferry to run on a combination of solar, wind, and diesel power. After one year of testing the vessel, a second would be built within five years.
That — in combination with a plan to make two initial vessels 90 percent more fuel efficient, as well as implement a clean energy shuttle service on the Embarcadero, power the landing facilities with solar panels, purchase green products, and vend healthy snacks — put Hornblower’s bid over the top.
Wiedeman said all bidders are informed that financial feasibility of the company and potential revenue for the government, as well as environmental and sustainability initiatives, were considered. But some criteria were more weighted than others, and Hornblower ranked strongly on all points.
“We’re ecstatic,” Wiedeman said. “We’re looking at higher-quality visitor services from the get-go.”
But some doubt whether the proposed vessels are anywhere close to a reality. MacRae said a final design and marine contractor have not been selected yet, although Solar Sailor’s model BayTri has been touted. A giant solar-arrayed fin provides auxiliary wind and sun power to the trimaran’s diesel engines. No such vessel has ever been built, but the model is based on a smaller solar ferry that services Sydney Harbor in Australia — with a top speed of just seven knots.
The proposed boat is emissions free and could go 12 knots with the aid of the wind, although it would need a push from auxiliary diesel engines to keep up with Alcatraz’s schedule. Boats now run between 15 and 19 knots.
The other concern is that MacRae’s commitment of $5 million for constructing the 600-passenger vessel might not be enough. The San Francisco Water Transit Authority has been looking into a similar vessel carrying no more than 150 passengers that would cost between $6 and $8 million.
“Their requirements for design are different than what mine would be,” MacRae said. “I think it’s possible to do it for $5 million.”
Bluewater Network founder Russell Long worries that the low-budget cap could hurt the vessel’s environmental potential. “We believe that Hornblower may intend to maintain this budget ceiling even if it compromises other aspects of the design, such as best management practices in regard to environmental components,” he wrote in a letter to NPS, urging reconsideration of the contract.
NPS awarded the contract anyway and Bluewater is hoping for the best.
“We will be watchdogging the progress and keeping track of what’s going on. If it doesn’t happen, it will be a huge black eye for the National Park Service, Hornblower, and the city of San Francisco,” Schore said. “At this point we have faith that it’s going to get built, because it’s in the contract.”
However, Hornblower’s snub toward union contracts and dodgy relations with the city suggest that playing by the rules may not be a top priority for the company.
THE PERFECT TYPO
Since 1974, boats to Alcatraz have run from the Pier 39 area of Fisherman’s Wharf, where waiting ticket holders can indulge in the myriad distractions the tourist hub offers.
MacRae launched his new ferry service from Pier 31, half a mile farther south on the Embarcadero, where he currently leases space and operates a charter and dining cruise business.
Pier 31 is little more than a parking lot with a ramp and floating dock, which only sees about 100,000 people a year, far fewer than the 1.3 million annual passengers Alcatraz draws.
MacRae has attractive plans for a complete overhaul of the area, which would include landscaping and sheltered seating, a bookstore, and an informational center. Such alterations would require a thorough run through the city’s planning process, which MacRae told the NPS he won’t be doing until 12 to 18 months from now.
Instead, interim improvements to the lot were planned, which sparked concern from the city that the sudden increase in foot traffic wouldn’t be properly mitigated. That area of the Embarcadero also hosts 250,000 passengers a year from cruise ships docking at adjacent Pier 35. The Port spent close to $200,000 last year controlling that traffic with signage and police officers. The addition of thousands more visitors streaming down the sidewalks seeking passage to Alcatraz could cause gridlock every time a cruise ship docks.
Monique Moyer, executive director of the port, sent repeated letters over the last year to MacRae asking for clarifications about his plans and expressing concern that the change in use of Pier 31 required a review of existing permits.
She wasn’t alone. On July 31, Citizens to Save the Waterfront filed suit against Hornblower, claiming that the amount of activity at Pier 31 would increase twentyfold. “That represents a substantial change in the intensity of use,” Jon Golinger, a representative from the group, told us.
A change in the intensity of use of a waterfront property triggers the need for a complete environmental impact review (EIR) from the Bay Conservation and Development Commission (BCDC), a state agency with jurisdiction over anything within 100 feet of the shoreline. As many city developers know, EIRs can take many months to consider all potential changes to the existing landscape that the applicant would cause. Delays of that sort could have hindered MacRae’s ability to assume ferry service on the contracted date of Sept. 25.
MacRae said the litigation kept him from divulging to the city his proposed plans for upgrades to the pier.
Just days before the lawsuit was to be argued in San Francisco Superior Court on Sept. 6, BCDC executive director Will Travis sent a letter to Moyer stating that Hornblower’s new service and alterations to Pier 31 did not require any new permits.
He cited a typo from Hornblower’s current BCDC-issued permit as an allowance for the increase in passengers. The permit states that the pier may provide “access to the entire bay via vessel for 200,000 to 5000,000 [sic] people/year.”
He footnoted the quote: “There is clearly a typographical error in the 5000,000 number, which is intended to state the maximum anticipated usage of the dock … the correct number is probably either 500,000 or 5,000,000. While it seems reasonable to believe that the correct number is 500,000, the record contains nothing to substantiate this conclusion.”
Travis also relayed that Hornblower plans to use temporary measures that include trailers with port-a-potties, a portable ticket booth, and hollow traffic barriers for guiding traffic and pedestrians on and off the boat.
Herrera told us that this was the first Moyer had heard of what was planned for the lot and there was concern about how other services in the area and traffic on the Embarcadero would be affected, as well as if any structures, signage, and other enhancements would require additional permits. “It certainly would have been nice if they had shared all these plans so the port could conduct the proper environmental review that we all agree is in order,” he said.
In a strongly worded letter to Travis, Herrera wrote that to allow Hornblower to proceed without any environmental review could violate the California Environmental Quality Act (CEQA) and urged the BCDC to “issue an immediate cease and desist order” to prevent the start of service. Herrera also made the salient point that “the later the environmental review process begins, the more bureaucratic and financial momentum there is behind a proposed project, thus providing a strong incentive to ignore environmental concerns that could be dealt with more easily at an early stage of the project.”
On Sept. 7, BCDC commissioners met in closed session at the end of a four-hour meeting and voted to stand by Travis’s argument.
David Owen, a former Peskin aide who’s also a BCDC commissioner, was one of two abstentions to the otherwise unanimous vote. “It was really frustrating, because it seemed like Hornblower did everything in their power to avoid a permit review,” Owen told us. “Now what? We have a CEQA lawsuit and then the Board of Supervisors shuts down the Alcatraz ferry service? They’ve managed to start up service without acquiring a single permit. Kudos to them for strategy.”
Citizens to Save the Waterfront then dropped its lawsuit, feeling it was weakened by the BCDC decision.
“Essentially, now there’s a turf war between Bush’s park service and the Port of San Francisco,” Golinger said. “BCDC tried to avoid getting involved, but the precedent it sets is horrible. A corporation can come in and skirt any planning process.”
UNION TOWN POLITICS
After scoring the Alcatraz bid, Hornblower sought an exemption to the Service Contract Act of 1965 that would have required MacRae to pay equal to or more than what current crew make. But the Department of Labor ruled Sept. 21 against Hornblower. So veteran Blue and Gold crew have added safety to their concerns.
“I’ve made tens of thousands of landings on Alcatraz Island, and now they have captains who have never been there,” Capt. Andy Miller said. For 17 years, Miller has navigated the busy shipping lanes and the constant summer fog against the tugging tide and the sudden slams of inclement weather to bring tourists, park service staff, and supplies to the island.
“No one’s ever gotten hurt. It’s a very tricky place to land a boat. It takes skill and experience that you can’t just hire off the street,” he said.
Miller said he applied for a job with Hornblower but was not interviewed. So far, no captains and only three ticket agents and a deckhand have been hired from Blue and Gold’s former fleet.
“We have a ready workforce,” Master, Mate, and Pilot union spokesperson Veronica Sanchez said. “They’re going to have to be paid the same wages as union workers at Blue and Gold. They don’t want to be a union shop. Why don’t you want to be a union shop on a union waterfront like San Francisco?”
One reason could be concern that it might bump up costs for Hornblower’s other tour operations. “They want us to agree that if we sign up our workers for Alcatraz, that we won’t organize the dining yachts,” Sanchez said. In 1998, the union attempted to organize Hornblower’s dinner cruise operations in San Francisco but didn’t prevail in a supervised election.
MacRae said he’s not opposed to the unions and he’s encouraged the Blue and Gold staff to apply for jobs. “The unionization is the choice of the workers,” he said. “We try to let the employees make the choices. Last time I checked, that’s who the unions represent.”
“We want to make sure we have the best crew,” he said. “Many of the products and guest services we provide aren’t what Blue and Gold do now.” He added that some current employees from the dining cruises have also been shifted to the Alcatraz route.
“I’ve been here 21 years, and we’ve been replaced by busboys and waiters,” said deckhand Robert Estrada, standing with fellow workers outside the gate of the new Alcatraz ferry service.
Estrada said Hornblower’s reliance on part-time, low-wage workers has earned the company the nickname “the Wal-Mart of the Water.” The company’s rapid expansion, from a two-boat Berkeley-based charter to a multinational fleet with government contracts is a similar characteristic.
Blue and Gold spokesperson Alicia Vargas assured us that the remaining ferry services to Alameda, Angel Island, Oakland, Sausalito, Tiburon, and Vallejo will be solvent, but some of the veteran crew who haven’t been laid off yet are worried this is the beginning of the end.
“The public needs to be warned. If funds don’t come from Alcatraz, Blue and Gold could fold,” said David Heran, an International Boatmen’s Union member and deckhand since 1974 who applied to Hornblower but wasn’t hired. “I’m not ready to retire yet, and this wasn’t the way I was expecting it to happen.” SFBG

The 2006 political candidates let loose with us

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(For our 2006 endorsements, click here.)

Guardian endorsement interviews are, well, unusual: We bring in candidates for office, set aside as much as an hour or more, and quiz them about local issues. Sometimes we argue; sometimes the candidates yell at us. Nobody pulls any punches. They are lively political debates, fascinating discussions of political policy – and high political theater.

For the first time this year, we’re posting digital versions of these interviews, so our readers can get front-row seats for all the action.

Participants include Editor and Publisher Bruce B. Brugmann, Executive Editor Tim Redmond, City Editor Steven T. Jones and reporters Sarah Phelan, G.W. Schulz and Amanda Witherell. If you’re confused about who’s speaking, here’s a handy guide: If the question is long and involved and about tax policy, it’s probably Tim. If it’s about an incumbent’s record or personal style, it’s probably Steve. George asks about criminal justice a lot; Sarah has a British accent. Everybody knows Bruce’s voice; you can’t miss it. Enjoy.

Sup. Sophie Maxwell
“Redevelopment in the Bay View is different.”
Listen to the Maxwell interview

Sup. Bevan Dufty
“I’m willing to piss people off on both sides of the [landlord-tenant] issue.”
Listen to the Dufty interview

Jaynry Mak, candidate for supervisor, District 4
“I would have to look at it.”
Listen to the Mak interview

Alix Rosenthal, candidate for supervisor, District 8
“We’re going to make it extremely expensive to build market-rate housing, in terms of the community benefits.”
Listen to the Rosenthal interview

Mauricio Vela, candidate for school board
“I probably would lean toward getting rid of [ROTC} … but it would be difficult.”
Listen to the Vela interview

Marie Harrison, candidate for supervisor, District 10
“The one thing I did learn from Willie Brown is that an MOU means I understand that you understand that I don’t have to do a damn thing on this paper.”
Listen to the Harrison interview

Starchild, candidate for supervisor, District 8, and Philip Berg, Libertarian candidate for Congress
“Nobody will invade Switzerland. Everyone has guns, M-16s and AK-47s and grenade launchers in their living rooms.”
Listen to the Starchild-Berg interview

Bruce Wolfe, candidate for community college board
“When you ask where the money is, you want a trail where the money is, the answer you get is it’s in a fungible account.”
Listen to the Wolfe interview

Kim-Shree Maufas, candidate for school board
“My kid was in JROTC …. I like the community, I liked the structure, I liked the commitment to family… I absolutely could not stand the military recruitment.”
Listen to part one of the Maufas interview
Listen to part two of the Maufas interview

Hydra Mendoza, candidate for school board
“There are some schools that are not serving our children.”
Listen to the Mendoza interview

Krissy Keefer, Green Party candidate for Congress
“I’m running against a ghost”
Listen to the Keefer interview

John Garamendi, candidate for lieutenant governor
“Phil Angeledes is wrong [about taxes] in the context of our time.”
Listen to the Garamendi interview

Dan Kelly, school board member
“I don’t think JROTC is a terrific program … it doesn’t teach leadership skills, it teaches follow-ship skills.”
Listen to the Kelly interview

Rob Black, candidate for supervisor, District 6
“Developers have fancy lawyers and they know how to get around things.”
Listen to the Black interview

EDITOR’S NOTES

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› tredmond@sfbg.com
None of the candidates for public office this year can beat the performance of a 2004 supervisorial hopeful who showed up at the Guardian office for an endorsement interview with a completely spaced-out homeless friend in tow. The candidate was talking rapid-fire for an hour, shifting effortlessly back and forth from his history as a welfare recipient turned bartender turned subject of a drug bust turned successful businessperson to his suggestions for public policy and proposals for improving the neighborhood. His pal was muttering the entire time, off in his own world, his random comments a kind of atonal counterpoint to the candidate’s high-speed pronouncements and reminiscences — until the would-be politician began to talk about the time years ago when the cops caught him with a bunch of LSD that wasn’t really his. Quite a bit of LSD. At the description of the inventory, the sidekick snapped out of his reverie for a moment and proclaimed, “That’s a lot of dose.” Then he was back to his own world.
The 2006 contenders are a much more predictable lot, generally speaking. But there have been some moments.
At the top of the list, I think, were Starchild, the Libertarian candidate for District 8 supervisor, and Philip Berg, the Libertarian for Congress, who came in together and told us that the city would be a much safer place if the entire populace were armed — not just with handguns but with AK-47s — and that the trouble-plagued Halloween Night in the Castro would be much more peaceful if everyone who attended had a weapon.
I’ve always wanted the rest of the world to be able to share these moments with us — Guardian endorsement interviews are great moments in policy formation and political debate, as well as high theater of the finest kind. Soon we’ll have them online, unedited — questions, answers, speeches (ours and theirs), fights, laughs … every moment, for your listening pleasure. Check www.sfbg.com for details.
We generally don’t record interviews with people who just come down to the office to chat and give us advice about the election, which is fair — but I want to share a really sad moment with you. Sarah Lipson stopped by at my request to talk about the SF school board race; she’s one of the best members of that often-dysfunctional panel, the kind of person who gives you hope for the schools and for local politics … and she’s not seeking reelection. She misses teaching, she told us, and that’s understandable — but she also said that it’s basically impossible for someone with kids who isn’t rich to devote perhaps 30 or 40 hours a week to the school board and still have a job on the side.
Thing is, the San Francisco Board of Education, which oversees a half-billion-a-year budget, is essentially a volunteer ($500 a month) gig. That’s a model from a very different era, and it doesn’t work anymore.
San Francisco is a hideously expensive place, a city where almost nobody can support a family on one income. Full-time volunteerism is an impossible burden, and it means people like Lipson — who is exactly the sort of person we want setting policy for the schools — can’t serve on the board. Either you punish your family or you don’t do the job you want to do.
Being on the school board is a full-time job. We need to pay these folks a full-time salary. SFBG

Five years after

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

The age of 9/11

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OPINION We all remember where we were on Sept. 11, 2001. The event rocked the world as the last remaining superpower was attacked in full view of its citizens. The images entered our collective consciousness, and we began a new era of global unrest. The gloves came off, diplomacy was mocked, and the United States blasted onto the world stage, weapons drawn.
Let’s not relive the events of Sept. 11. We have been reminded of that morning over and over as it has become the sole source of George W. Bush’s foreign policy. The international war on terror has taken center stage as Bush and others have used it as a pretext to undermine the pillars of democracy — the rule of law and transparent government. We now take racial profiling for granted. We watch as people are kidnapped from their countries and imprisoned indefinitely. Illegal torture is commonplace, as is the hideous killing of civilians, and now we hear accusations that our soldiers in Iraq seek revenge through rape and murder. We are forced to accept the USA PATRIOT Act and illegal National Security Agency surveillance, supposedly for our own good.
As Bush used Sept. 11 to justify a renewed campaign of imperialist aggression, he also eviscerated social programs at home. He gutted the Federal Emergency Management Agency and placed it under the control of the Department of Homeland Security, leaving us unable to respond adequately to natural disasters. He deployed our National Guard overseas and depleted our treasury to pay for war. He failed to address global warming, in deference to industry supporters. Finally, we have had to let go of the assumption that our government would protect its own people, as we ask: when did the Bush team know about Sept. 11? Will this question take as long to answer as “Who killed JFK?”
Nothing about the Bush regime is working for the average citizen, and yet all of the above have been completely normalized and barely contested by Congress, with hardly a whimper, a press conference, or a filibuster. Five years later, Bush still attempts to build his legacy on the twin towers of fear and aggression, working with the pathological paranoia that has become the hallmark of our 21st-century society.
But five years later, public opinion is reversing. Impeachment, which once seemed as far-fetched as due process for Guantánamo prisoners, has become a rallying cry for the next election. The San Francisco Board of Supervisors recently passed a resolution in support of Bush’s impeachment, and Sup. Chris Daly has sponsored another one, which will appear on the November ballot. They are an important response from the people to a criminal administration and an anemic Congress. If Bill Clinton can be impeached for a sexual indiscretion to the tune of $60 million in tax dollars and Bush gets off scot-free, what are we telling our children? That a blow job is worse than blowing up a country, and that illegal lying and spying play second fiddle to a marital blunder? The Christian fundamentalists who run our country would have us think so.
Vote for Chris Daly’s impeachment resolution. Yes on J! SFBG
Krissy Keefer
Krissy Keefer is the Green Party candidate for the 8th Congressional District.

Welcome to the nightmare

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CENSORED!

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› sarah@sfbg.com
Last month, two news stories broke the same day, one meaty, one junky. In Detroit, US District Judge Anna Diggs Taylor ruled that the Bush administration’s warrantless National Security Agency surveillance program was unconstitutional and must end. Meanwhile, somewhere in Thailand, a weirdo named John Mark Karr claimed he was with six-year-old beauty queen JonBenet Ramsey when she died in 1996.
Predictably, the mainstream media devoted acres of newsprint and hours of airtime to the self-proclaimed beauty queen killer, including stories on what he ate on the plane ride home, his desire for a sex change, his child-porn fixation, and — when DNA tests proved Karr wasn’t the killer — why he confessed to a crime he didn’t commit.
During that same time period, hardly a word was written or said in the same outlets about Judge Diggs Taylor’s ruling and the question it raises about why Bush and his power-grabbing administration repeatedly lie to the American public.
The mainstream media’s fascination with unimportant stories isn’t anything new. Professor Carl Jensen, a disenchanted journalist who entered advertising only to walk away in greater disgust and become a sociologist, says the media’s preoccupation with “junk food news” inspired him to found a media research project at Sonoma State University about 30 years ago to publicize the top 25 big stories the media had censored, ignored, or underreported the previous year.
That was the beginning of Project Censored, the longest-running media censorship project in the nation — and it drew plenty of criticism from editors and publishers.
“I was taking a lot of flak from editors around Project Censored’s annual list of the top stories the mainstream media missed,” recalls the now-retired Jensen. “They said the reason they hadn’t covered the stories was that they only had a limited amount of time and space, and that I was an academic, sitting there criticizing.”
But Jensen had an answer: there was plenty of time and space, but it was just being filled with fluff.
Since 1993, Project Censored has been running not only the stories that didn’t get adequate coverage but also the “junk food news” — the stories that were way, way overblown and filled precious pages and airtime that could have been used for real news.
While Jensen would love to be able to claim that Project Censored solved the media’s problems with censorship and junk food news, that didn’t happen.
“If anything, it’s gotten worse,” Jensen says, pointing to increased media monopolization.
Project Censored’s current director, Peter Phillips, says entertainment news may be addictive, but that’s no excuse for the media to push it.
“Massacres, celebrity gossip — we’re automatically attracted,” Phillips says. “It’s like selling drugs. But we don’t tolerate the drug dealer on the corner. For the democratic process to happen, we have to have information presented and made available. To just give people entertainment news is an abdication of the First Amendment.”
Art Brodsky, a telecommunications expert at Public Knowledge, an advocacy group based in Washington, DC, says some of the problems with censorship are a product of journalistic laziness. Brodsky, who has written extensively on network neutrality, which is the number one issue on this year’s list, says the topic hasn’t received enough coverage, partly because the debate has largely remained couched in telecommunications jargon.
“Network neutralilty is a crappy term, other than its alliterative value,” Brodsky says. “It’s one of those Washington issues that gets intense coverage in the field where it happens but can be successfully muddied, and it’s technical. So a lot of editors and reporters throw their hands up in the air, a lot like senators.
Following are Project Censored’s top 10 stories for the past year.
1. THE FEDS AND THE MEDIA MUDDY THE DEBATE OVER INTERNET FREEDOM
In its relatively brief life, the Internet has been touted as the greatest vehicle for democracy ever invented by humankind. It’s given disillusioned Americans hope that there is a way to get out the truth, even if they don’t own airwaves, newspapers, or satellite stations. It’s forced the mainstream media to talk about issues it previously ignored, such as the Downing Street memo and Abu Ghraib prisoner abuse.
So when the Supreme Court ruled that giant cable companies aren’t required to share their wires with other Internet service providers, it shouldn’t have been a surprise that the major media did little in terms of exploring whether this ruling would destroy Internet freedom. As Elliot Cohen reported in BuzzFlash, the issue was misleadingly framed as an argument over regulation, when it’s really a case of the Federal Communications Commission and Congress talking about giving cable and telephone companies the freedom to control supply and content — a decision that could have them playing favorites and forcing consumers to pay to get information and services that currently are free.
The good news? With the Senate still set to debate the Communications Opportunity, Promotion and Enhancement Act of 2006, as the network neutrality bill is called, it’s not too late to write congressional representatives, alert friends and acquaintances, and join grassroots groups to protect Internet freedom and diversity.
Source: “Web of Deceit: How Internet Freedom Got the Federal Ax, and Why Corporate News Censored the Story,” Elliot D. Cohen, BuzzFlash.com, July 18, 2005
2. HALLIBURTON CHARGED WITH SELLING NUCLEAR TECHNOLOGY TO IRAN
Halliburton, the notorious US energy company, sold key nuclear reactor components to a private Iranian oil company called Oriental Oil Kish as recently as 2005, using offshore subsidiaries to circumvent US sanctions, journalist Jason Leopold reported on GlobalResearch.ca, the Web site of a Canadian research group. He cited sources intimate with the business dealings of Halliburton and Kish.
The story is particularly juicy because Vice President Dick Cheney, who now claims to want to stop Iran from getting nukes, was president of Halliburton in the mid-1990s, at which time he may have advocated business dealings with Iran, in violation of US law.
Leopold contended that the Halliburton-Kish deals have helped Iran become capable of enriching weapons-grade uranium.
He filed his report in 2005, when Iran’s new hard-line government was rounding up relatives and business associates of former Iranian president Hashemi Rafsanjani, amid accusations of widespread corruption in Iran’s oil industry.
Leopold also reported that in 2004 and 2005, Halliburton had a close business relationship with Cyrus Nasseri, an Oriental Oil Kish official whom the Iranian government subsequently accused of receiving up to $1 million from Halliburton for giving them Iran’s nuclear secrets.
Source: “Halliburton Secretly Doing Business with Key Member of Iran’s Nuclear Team,” Jason Leopold, GlobalResearch.ca, Aug. 5, 2005
3. WORLD OCEANS IN EXTREME DANGER
Rising sea levels. A melting Arctic. Governments denying global warming is happening as they rush to map the ocean floor in the hopes of claiming rights to oil, gas, gold, diamonds, copper, zinc, and the planet’s last pristine fishing grounds. This is the sobering picture author Julia Whitty painted in a beautifully crafted piece that makes the point that “there is only one ocean on Earth … a Mobiuslike ribbon winding through all the ocean basins, rising and falling, and stirring the waters of the world.”
If this world ocean, which encompasses 70.78 percent of our planet, is in peril, then we’re all screwed. As Whitty reported in Mother Jones magazine, researchers at the Scripps Institution of Oceanography and the Lawrence Livermore National Laboratory in 2005 found “the first clear evidence that the world ocean is growing warmer,” including the discovery “that the top half-mile of the ocean has warmed dramatically in the past 40 years as the result of human-induced greenhouse gases.” But while a Scripps researcher recommended that “the Bush administration convene a Manhattan-style project” to see if mitigations are still possible, the US government has yet to lift a finger toward addressing the problem.
Source: “The Fate of the Ocean,” Julia Whitty, Mother Jones, March–April 2006
4. HUNGER AND HOMELESSNESS INCREASING IN THE UNITED STATES
As hunger and homelessness rise in the United States, the Bush administration plans to get rid of a data source that supports this embarrassing reality — a survey that’s been used to improve state and federal programs for retired and low-income Americans.
President Bush’s proposed budget for fiscal year 2007 includes an effort to eliminate the Census Bureau’s Survey of Income and Program Participation. Founded in 1984, the survey tracks American families’ use of Social Security, Medicaid, unemployment insurance, child care, and temporary assistance for needy families.
With legislators and researchers trying to prevent the cut, author Abid Aslam argued that this isn’t just an isolated budget matter: it’s the Bush administration’s third attempt in as many years to remove funding for politically embarrassing research. In 2003, it tried to whack the Bureau of Labor Statistics report on mass layoffs and in 2004 and 2005 attempted to drop the bureau’s questions on the hiring and firing of women from its employment data.
Sources: “New Report Shows Increase in Urban Hunger, Homelessness,” Brendan Coyne, New Standard, December 2005; “US Plan to Eliminate Survey of Needy Families Draws Fire,” Abid Aslam, OneWorld.net, March 2006
5. HIGH-TECH GENOCIDE IN CONGO
If you believe the corporate media, then the ongoing genocide in the Democratic Republic of the Congo is all just a case of ugly tribal warfare. But that, according to stories published in Z Magazine and the Earth First! Journal and heard on The Taylor Report, is a superficial, simplistic explanation that fails to connect this terrible suffering with the immense fortunes that stand to be made from manufacturing cell phones, laptop computers, and other high-tech equipment.
What’s really at stake in this bloodbath is control of natural resources such as diamonds, tin, and copper, as well as cobalt — which is essential for the nuclear, chemical, aerospace, and defense industries — and coltan and niobium, which is most important for the high-tech industries. These disturbing reports concluded that a meaningful analysis of Congolese geopolitics requires a knowledge and understanding of the organized crime perpetuated by multinationals.
Sources: “The World’s Most Neglected Emergency: Phil Taylor talks to Keith Harmon Snow,” The Taylor Report, March 28, 2005; “High-Tech Genocide,” Sprocket, Earth First! Journal, August 2005; “Behind the Numbers: Untold Suffering in the Congo,” Keith Harmon Snow and David Barouski, Z Magazine, March 1, 2006
6. FEDERAL WHISTLEBLOWER PROTECTION IN JEOPARDY
Though record numbers of federal workers have been sounding the alarm on waste, fraud, and other financial abuse since George W. Bush became president, the agency charged with defending government whistleblowers has reportedly been throwing out hundreds of cases — and advancing almost none. Statistics released at the end of 2005 by Public Employees for Environmental Responsibility led to claims that special counsel Scott Bloch, who was appointed by Bush in 2004, is overseeing the systematic elimination of whistleblower rights.
What makes this development particularly troubling is that, thanks to a decline in congressional oversight and hard-hitting investigative journalism, the role of the Office of Special Counsel in advancing governmental transparency is more vital than ever. As a result, employees within the OSC have filed a whistleblower complaint against Bloch himself.
Ironically, Bloch has now decided not to disclose the number of whistleblower complaints in which an employee obtained a favorable outcome, such as reinstatement or reversal of a disciplinary action, making it hard to tell who, if anyone, is being helped by the agency.
Sources: “Whistleblowers Get Help from Bush Administration,” Public Employees for Environmental Responsibility (PEER) Web site, Dec. 5, 2005; “Long-Delayed Investigation of Special Counsel Finally Begins,” PEER Web site, Oct. 18, 2005; “Back Door Rollback of Federal Whistleblower Protections,” PEER Web site, Sept. 22, 2005
7. US OPERATIVES TORTURE DETAINEES TO DEATH IN AFGHANISTAN AND IRAQ
Hooded. Gagged. Strangled. Asphyxiated. Beaten with blunt objects. Subjected to sleep deprivation and hot and cold environmental conditions. These are just some of the forms of torture that the US military in Iraq and Afghanistan inflicted on detainees, according to an American Civil Liberties Union analysis of autopsy and death reports that were made public in response to a Freedom of Information Act lawsuit.
While reports of torture aren’t new, the documents are evidence of using torture as a policy, raising a whole bunch of uncomfortable questions, such as: Who authorized such techniques? And why have the resulting deaths been covered up?
Of the 44 death reports released under ACLU’s FOIA request, 21 were homicides and eight appear to have been the result of these abusive torture techniques.
Sources: “US Operatives Killed Detainees During Interrogations in Afghanistan and Iraq,” American Civil Liberties Union Web site, Oct. 24, 2005; “Tracing the Trail of Torture: Embedding Torture as Policy from Guantánamo to Iraq,” Dahr Jamail, TomDispatch.com, March 5, 2006
8. PENTAGON EXEMPT FROM FREEDOM OF INFORMATION ACT
In 2005, the Department of Defense pushed for and was granted exemption from Freedom of Information Act requests, a crucial law that allows journalists and watchdogs access to federal documents. The stated reason for this dramatic and dangerous move? FOIA is a hindrance to protecting national security. The ruling could hamper the efforts of groups like the ACLU, which relied on FOIA to uncover more than 30,000 documents on the US military’s torture of detainees in Afghanistan, Iraq, and Guantánamo Bay, including the Abu Ghraib torture scandal.
With ACLU lawyers predicting that this ruling will likely result in more abuse and with Americans becoming increasingly concerned about the federal government’s illegal intelligence-gathering activities, Congress has imposed a two-year sunset on this FOIA exemption, ending December 2007 — which is cold comfort right now to anyone rotting in a US overseas military facility or a secret CIA prison.
Sources: “Pentagon Seeks Greater Immunity from Freedom of Information,” Michelle Chen, New Standard, May 6, 2005; “FOIA Exemption Granted to Federal Agency,” Newspaper Association of America Web site, posted December 2005
9. WORLD BANK FUNDS ISRAEL-PALESTINE WALL
In 2004, the International Court of Justice ruled that the wall Israel is building deep into Palestinian territory should be torn down. Instead, construction of this cement barrier, which annexes Israeli settlements and breaks the continuity of Palestinian territory, has accelerated. In the interim, the World Bank has come up with a framework for a Middle Eastern Free Trade Area, which would be financed by the World Bank and built on Palestinian land around the wall to encourage export-oriented economic development. But with Israel ineligible for World Bank loans, the plan seems to translate into Palestinians paying for the modernization of checkpoints around a wall that they’ve always opposed, a wall that will help lock in and exploit their labor.
Sources: “Cementing Israeli Apartheid: The Role of World Bank,” Jamal Juma’, Left Turn, issue 18; “US Free Trade Agreements Split Arab Opinion,” Linda Heard, Aljazeera, March 9, 2005
10. EXPANDED AIR WAR IN IRAQ KILLS MORE CIVILIANS
At the end of 2005, US Central Command Air Force statistics showed an increase in American air missions, a trend that was accompanied by a rise in civilian deaths thanks to increased bombing of Iraqi cities. But with US bombings and the killing of innocent civilians acting as a highly effective recruiting tool among Iraqi militants, the US war on Iraq seemed to increasingly be following the path of the war in Vietnam. As Seymour Hersh reported in the New Yorker at the end of 2005, a key component in the federal government’s troop-reduction plan was the replacement of departing US troops with US air power.
Meanwhile, Hersh’s sources within the military have expressed fears that if Iraqis are allowed to call in the targets of these aerial strikes, they could abuse that power to settle old scores. With Iraq devolving into a full-blown Sunni-Shiite civil war and the United States increasingly drawn into the sectarian violence, reporters like Hersh and Dahr Jamail fear that the only exit strategy for the United States is to increase the air power even more as the troops pull out, causing the cycle of sectarian violence to escalate further.
Sources: “Up in the Air,” Seymour M. Hersh, New Yorker, December 2005; “An Increasingly Aerial Occupation,” Dahr Jamail, TomDispatch.com, December 2005 SFBG
For the next 15 of Project Censored’s top 25 stories, go to www.sfbg.com.

The attack on public housing

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

The flaws in the Josh Wolf case

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

Here comes Miami Beach

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› gwschulz@sfbg.com
A pebbled, unmarked trail crunches underneath Peter Loeb’s soft leather shoes as he walks through the Rockaway Quarry in Pacifica, his dog following behind.
Until recently, the 87-acre plot was owned by a man named William F. Bottoms. But he never showed much interest in developing it, and locals have long used the network of trails for hiking. It’s one of the few remaining vacant lots of its size in Pacifica.
Bordering the west side of the property is a ridgeline — a small stone peak literally cut in half by what was once a noisy limestone mining operation — that separates the Pacific Ocean from flat seasonal marshlands that turn to rolling hills just past the highway, where the property stops.
Like the rest of the small coastal town, the former quarry is submerged much of the year in a thick, fast-moving fog. From the ground, it hardly seems like an ideal place in which to introduce luxury living.
“It’s the windiest spot in Pacifica,” Loeb says. “It’s the coldest, windiest spot in the whole city.”
But its close proximity to San Francisco has a headstrong Miami developer drooling.
R. Donahue Peebles bought the quarry last summer for what he says was $7.5 million, and although he hasn’t actually submitted a formal proposal to the town, he’s talking about building 350 exclusive hotel suites, 130 single-family homes, more than 200 town houses, live-work lofts and apartments, and an untold number of stores, such as the Gap and Trader Joe’s.
It’s an unusual battle for the normally quiet town. Tucked 10 miles south of San Francisco just off Highway 1, Pacifica is a largely middle-class bedroom community of about 37,000 people that’s so overwhelmingly residential, it’s hardly seen any commercial development larger than a shopping center with a Safeway.
Loeb served on Pacifica’s City Council for eight years in the 1980s and has lived in the same home near the quarry for three decades. He helped formulate the land use plan for the property, which was designated a redevelopment area in 1986. The plan calls for mixed-use residential and commercial spaces, preservation of the walk and bikeway system, and “high-quality design in both public and private developments including buildings, landscaping, signing and street lighting.”
Joined by a stay-at-home dad named Ken Restivo, Loeb is now organizing the opposition to Peebles — and it hasn’t been an easy task. Peebles has already poured several hundred thousand dollars into a campaign to overturn a 1983 city law that requires voter approval of a housing element in the redevelopment zone. This in a town where the typical council candidate spends less than $10,000 running for office.
Of course, as the opponents point out, it’s not clear exactly what Peebles wants to do. His plans are still tentative; he’s trying to get blanket approval for a massive development before he actually applies for a building permit.
The point of the 1983 law was to ensure that new development on the property would be mixed-use, mostly to offset the city’s high residential concentration and to increase the amount of money the city received in tax revenue.
“What he’s trying to do is privatize the certainty and socialize the risk,” Restivo said. “He wants to know whether he can build the houses before he even starts with a plan, and he wants to leave us trusting him to do whatever.”
Measure L on the November ballot would give Peebles the right to include as many as 355 housing units in any final plan. But even if the bill passes, Pacifica’s City Council would get to negotiate and vote on any final deal with Peebles.
Peebles isn’t the first developer to spend a small fortune attempting to overcome the required ballot vote to develop housing on the quarry, which could attract buyers from all over the millionaire-heavy Bay Area. A similarly well-funded effort failed just four years ago.
The difference is, Peebles likes to win — and has proven before that he knows how to do it.
When it comes to commercial and residential development, Peebles is a prodigy of sorts.
At just 23 years old, after one year at New Jersey’s Rutgers University, the ambitious young man forged a relationship with Washington, DC’s infamous former mayor Marion Barry.
The returns were handsome. Barry appointed Peebles to a city property assessment appeals board membership, a sleep-inducing government function that is nonetheless among the most powerful at the municipal level. Peebles also counts the legendary former congressman and now Oakland mayor–elect Ron Dellums as a mentor; a teenage Peebles worked for him as a legislative page.
“Ron was an interesting person,” Peebles said in a recent phone interview. “One of the things I learned was that you can have your own ideas. He was a very liberal member of Congress. He got to chair two committees even though he was an antiwar person [during Vietnam], because he respected the process.”
After a short tenure on the assessment board, Peebles was developing thousands of square feet of commercial space across the nation’s capital under the Peebles Atlantic Development Corporation, today known simply as the Peebles Corporation. Eventually, an attempt to lease a multimillion-dollar office building to the city inspired accusations of cronyism, according to a 2001 Miami New Times profile. Peebles left Washington and moved to Florida.
There he indulged in the truest spirit of American affluence, putting together enormous hotels and condominium complexes, working in partnership with public agencies. He earned a reputation for resorting to multimillion-dollar litigation when those relationships went bad.
Peebles is well aware that major developments naturally attract conflict. He says it took him a while to become thick-skinned as a controversial developer. In south Florida, however, he proved skilled at getting cranes into the air, completing a $230 million residential tower and a $140 million art deco hotel in Miami Beach during the first half of this decade.
And now he’s set his sights on the low-density, small-scale town of Pacifica.
“Pacifica is unique in many ways, but politically it’s not,” he told the Guardian. “If you look at any city, small or large, it always has people on both sides of the issue. There are people who like to say ‘no’ a lot. [In] most environments — if you look by and large across the country, DC for example — developers are generally not the most popular all the time. Pacifica is not different politically in that regard from other places.”
Press accounts depict Peebles as highly self-assured, even cocky. He once cited his favorite saying to the San Francisco Business Journal as “Sometimes you have to be prepared to stand on the mountain alone.” But he’s also charming and enthusiastic, something that Loeb admits has won Peebles the hearts of many Pacificans.
“The comments we get from people who have seen him speak is, ‘I was soooo charmed by him. I trust him,’” Loeb said. “On the basis of what?”
Restivo chimed in, “He’s a very charismatic speaker. He makes promises and gives voice to people’s fantasies and wishes.”
Pacifica isn’t technically the first place in California where Peebles has attempted to introduce his version of the East Coast’s taste for high-rise condos and hotels. In 1996 a bid to redevelop the old Williams Buildings at Third and Mission in San Francisco crumbled when the partnership he’d created with Oakland businessman Otho Green turned into a civil battle in San Francisco Superior Court. The two couldn’t agree on who would control the majority stake, and another bidder was eventually chosen by the San Francisco Redevelopment Agency. Peebles and Green later settled a $400,000 dispute over the project’s deposit, according to court records. Green, in fact, alleged in a complaint against the city that Willie Brown had him kicked out of the deal.
The 1996 fallout notwithstanding, Pacifica marks the first time Peebles has actually bought land on the West Coast for development.
And he’s using a proven political tactic to win over hearts and minds: fear.
The quarry is still zoned as commercial land, and if Measure L fails, Peebles reminds Pacificans, he could go to the city council with a proposal that strictly includes retail and office space.
In a letter he circulated to the city’s residents, he warned that the alternative to a plan that includes housing could just as easily be a Wal-Mart.
“Your ‘yes’ vote means we will have an opportunity to study and evaluate a better option for our community,” Peebles wrote in the letter. “A ‘no’ vote means we would be forced to file an application for a large scale commercial development such as a big box or a business/industrial complex.”
But a plan that exclusively contains commercial space doesn’t appear to be what Peebles really wants. Despite the fact that Pacifica is hardly the type of crony-driven city that he’s used to, he’s shown that he’s willing to pay what it takes to get his housing element.
In a six-month period, the political action committee that he formed to push through Measure L spent more than $163,000, according to campaign disclosure forms kept in Pacific’s tiny, half-century-old City Hall, which sits close to the ocean amid a neighborhood of clapboard beach houses.
Nearly $90,000 went to a Santa Barbara public relations firm called Davies Communications, whose clients range from schools and major oil producers to Harrah’s Entertainment and the Nashville-based privatization pioneer Hospital Corporation of America.
Two user profiles under the names “Jimmy” and “Susan” surfaced on a Google message board where the development has been discussed, and they link back to a Davies mail server in Santa Barbara. Jimmy and Susan claimed to be Pacifica residents in favor of Peebles’s plan. (A call to Sara Costin, a Davies project manager who’s been present at some of the community meetings, was not returned.)
Peebles spent $10,000 more on the influential Sacramento lobbying firm Nielsen, Merksamer, Parrinello, Mueller and Naylor, which specializes in passing ballot measures. Another $70,000 went to professional petition circulators who were needed to get the measure on a ballot.
Peebles isn’t the first one to bring big money to the city. Four years ago the publicly traded Texas developer Trammell Crow Company spent $290,000 just on election costs in an attempt to get a mixed-use development with housing past Pacifica voters, according to public records. The company’s plan for the quarry included 165,000 square feet of retail space, over 300 apartments and town houses, and a town center. The late 2002 ballot measure still lost by over 65 percent of the vote, despite the fact that the opposing political action committee, Pacificans for Sustainable Development, spent just $6,500.
An Environmental Impact Review released at the time suggested the wrong type of development could threaten the habitat of an endangered garter snake and a red-legged frog, both known to be living in the area. The lush Calara Creek, which runs the length of the property to the ocean, was also perceived to be in danger of pollution runoff without the proper setbacks. And traffic mitigation on Highway 1 has remained a top concern of the city’s residents.
Peebles insists he’s identified state money that can help with widening the highway and says he’d also donate land for a library and new city center. Beyond election costs, Peebles says he’s spent hundreds of thousands of dollars on experts who’ve helped him craft a better plan that promotes sustainability compared to what Trammel Crow had to offer.
“I’ve had an environmental consulting team and contractual consulting team for the last year analyzing this property, analyzing these issues that are necessary,” he said.
Affordability is another matter, however. Peebles has suggested to the business press that single-family home prices on the land could range from $3 million to $8 million.
A mixed-use development on the land could still bring millions of new tax dollars to a city that has struggled in the past to find money for emergency services and even basic public works projects.
Loeb and Restivo haven’t been without their own rhetoric in the debate. They started a Web site, www.pacificaquarry.org, which prophesies a nightmare traffic scenario on Highway 1 where it bottlenecks into two lanes through town. They add that estimates on potential tax revenue are unreliable without a definite plan.
But their group, Pacifica Today and Tomorrow, has hardly spent enough to even trigger disclosure requirements. And Pacifica remains a modest world, far removed from Miami’s glass-and-steel monoliths. Only a man with an ego equal to the size of his development dreams would try to so dramatically alter Pacifica’s topography. Peebles says he’s confident he’ll prevail in November.
Loeb and Restivo recognize that the area won’t stay empty forever, and they aren’t opposed to all development. Restivo told us he’d be more than happy to consider a commercial and residential project on the site — “but ideally it’d be much smaller.” SFBG

Who’s going to control Congress?

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By Tim Redmond

Chris Bowers offers a pretty detailed analysis on the state of the battle for control of the House at MyDD.com. Hard to read without my glasses on, but worth checking out as the campaign continues.

No Pasaran!

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MEXICO CITY, Aug. 24th — The Congress of the country is ringed by two-meter tall grilled metal barriers soldered together, apparently to thwart a suicide car-bomb attack. Behind this metal wall, 3000 vizored, kevlar-wearing robocops — the Federal Preventative Police (PFP, a police force drawn from the army) — and members of the elite Estado Mayor or presidential military command, form a second line of defense. Armed with tear gas launchers, water cannons, and reportedly light tanks, this Praetorian Guard has been assigned to protect law and order and the institutions of the republic against left-wing mobs that threaten to storm the Legislative Palace – or so the president informs his fellow citizens in repeated messages transmitted on national television.
No, the president’s name is not Pinochet and this military tableau is not being mounted in the usual banana republic or some African satrap. This is Mexico, a paragon of democracy (dixit George Bush), Washington’s third trading partner, and the eighth leading petroleum producer on the planet, seven weeks after the fraud-marred July 2nd presidential election of which, at this writing, no winner has been officially declared. One of the elite military units assigned to seal off congress is indeed titled the July 2nd brigade.

“MEXICO ON A KNIFEBLADE” headlines the British Guardian. The typically short-term-memory-loss U.S. print media seems to have forgotten about the imbroglio just south of its borders. Nonetheless, the phone rings and it’s New York telling me they just got a call from their man on the border and Homeland Security is beefing up its forces around Laredo in anticipation of upheaval further south. The phone rings again and it’s California telling me they just heard on Air America that U.S. Navy patrols were being dispatched to safeguard Mexican oil platforms in the Gulf. The left-wing daily La Jornada runs a citizen-snapped photo of army convoys arriving carrying soldiers disguised as farmers and young toughs. Rumors race through the seven mile-long encampment installed by supporters of leftist presidential challenger Andres Manuel Lopez Obrador (AMLO) three weeks ago, who have tied up big city traffic and enraged the motorist class here, that PFP robocops will attack before dawn. The campers stay up all night huddled around bum fires prepared to defend their tent cities.

The moment reminds many Mexicans of the tense weeks in September and October 1968 when, 12 days before the Olympic Games were to be inaugurated here, President Gustavo Diaz Ordaz ordered the military to massacre striking students in a downtown plaza not far from where AMLO’s people are now camped out. Some 300 were killed in the Plaza of Three Cultures, their bodies incinerated at Military Camp #1 in western Mexico City. The Tlatelolco massacre was a watershed in social conflict here and the similarities are sinister– in fact, Lopez Obrador has taken to comparing outgoing President Vicente Fox with Diaz Ordaz.

Fox will go to congress September 1st to deliver his final State of the Union address; the new legislature will be convened the same day. The country may or may not have a new president by that day. In anticipation of this show-down, on August 14th, newly-elected senators and deputies from the three parties that comprise AMLO’s Coalition for the Good of All attempted to encamp on the sidewalk in front of the legislative palace only to be rousted and clobbered bloody by the President’s robocops.

With 160 representatives, the Coalition forms just a quarter of the 628 members of the new congress, but its members will be a loud minority during Fox’s “Informe.” Since the 1988 presidenciales were stolen from Cuauhtemoc Cardenas, founder of AMLO’s Party of the Democratic Revolution, PRD legislators have routinely interrupted the president during this authoritarian ritual in orchestrated outbursts that have sometimes degenerated into partisan fisticuffs.

The first to challenge the Imperial Presidency was Porfirio Munoz Ledo, a hoary political warhorse, who in 1988 thrust a finger at President Miguel De la Madrid, accusing him of overseeing the theft of the election from Cardenas. Munoz Ledo’s J’Acuse stunned the political class; he was slugged and pummeled by members of De la Madrid’s long-ruling PRI when he tried to escape the chamber. Munoz Ledo now stands at AMLO’s side.

But perhaps the most comical moment in the annals of acting out during the Informe came in 1996 when a brash PRI deputy donned a Babe the Valiant Pig mask and positioned himself directly under the podium from which President Ernesto Zedillo was addressing the state of the nation and wiggled insouciant signs with slogans that said things like ‘EAT THE RICH!” Like Munoz Ledo, Marco Rascon was physically attacked, his mask ripped off like he was a losing wrestler by a corrupt railroad union official — who in turn was hammer locked by a pseudo-leftist senator, Irma “La Tigresa” Serrano, a one-time ranchero singers and, in fact, the former mistress of Gustavo Diaz Ordaz.

This September 1st, if martial law is not declared and the new Congress dissolved before it is even installed, the PRD delegation — which will no doubt be strip-searched by the Estado Mayor for incriminating banners — is sworn to create a monumental ruckus, shredding the tarnished decorum of this once-solemn event forever to protest Fox’s endorsement of electoral larceny. Some solons say they may go naked.

But no matter what kind of uproar develops, one can be secure that it will not be shown on national television, as the cameras of Mexico’s two-headed television monstrosity Televisa and TV Azteca will stay trained on the President as he tries to mouth the stereotypical cliches that is always the stuff and fluff of this otherwise stultifying seance. The images of the chaos on the floor of congress will not be passed along to the Great Unwashed.

NO PASARAN!

There is a reptilian feel to Mexico seven weeks after a discredited Federal Electoral Institute (IFE) cemented Lopez Obrador into a second place coffin by awarding the presidency to right-winger Felipe Calderon by a mere 243,000 votes out of a total 42,000,000 cast. Both Calderon and IFE czar Luis Carlos Ugalde (Calderon was best man at Ugalde’s wedding) make these little beady reptile eyes as they slither across national screens.

Those screens have been the scenes of some of the slimiest and most sordid political intrigue of late. One of the lizard kings who is fleetingly featured on Televisa primetime is an imprisoned Argentinean construction tycoon, Carlos Ahumada, who in 2004 conspired with Fox, Calderon’s PAN, and Televisa to frame AMLO on corruption charges and take him out of the presidential election. El Peje” (for a gar-like fish from the swamps of Lopez Obrador’s native Tabasco) was then leading the pack by 18 points.

Charged by Lopez Obrador, then the mayor of this megalopolis, with defrauding Mexico City out of millions, Ahumada had taken his revenge by filming PRD honchos when they came to his office to pick up boodles of political cash for his lover, Rosario Robles, who aspired to be queen of the PRD. Although the filthy lucre was perfectly legal under Mexico’s milquetoast campaign financing laws, the pick-ups looked awful on national television — AMLO’s former personal secretary was caught stuffing wads of low denomination bills into his suit coat pockets as if he were on Saturday Night Live.

Ahumada subsequently turned the tapes over to the leprous, cigar-chomping leader of Fox’s PAN party in the Senate, Diego Fernandez de Cevallos (“El Jefe Diego”) who in turn had them delivered to a green-haired clown, Brozo, who was then reading the morning news on Televisa. Then the Argentine fled to Cuba in a private plane. Televisa would air the incriminating videos day and night for months.

Apprehended in Veradero after his lover Robles was shadowed to the socialist beachfront, Ahumada spilled the beans to Cuban authorities: Interior Secretary Santiago Creel, who was then AMLO’s lead rival for the presidency, had cooked up the plot with the connivance of reviled former president Carlos Salinas, Lopez Obrador’s most venomous foe, the then attorney general, and Fox himself, to remove AMLO from the race.

The Mexican government did not ask for extradition and Ahumada’s deportation from Cuba was not seen as a friendly gesture. Within a month, diplomatic relations between Mexico and that red paradise were broken off and ambassadors summoned home. The construction tycoon has been imprisoned in Mexico City ever since he was booted out of Cuba, and was last heard from when he had his rogue cop chauffer shoot up the family SUV, a charade both Fox and Televisa tried to pin on AMLO — Ahumada had suggested he was about to release two more incriminating videos. These dubious events took place on June 6th, the day of a crucial presidential debate between AMLO and Calderon.

Then last week, Ahumada abruptly resurfaced — or at least his videotaped confession to Cuban authorities did. Filmed through prison bars, he lays out the plot step by step. Yes, he affirms, the deal was fixed up to cut AMLO’s legs out from under him and advance the fortunes of the right-wing candidate who turned out to be Felipe Calderon and not the bumbling Creel. The conspiracy backfired badly as his supporters rallied around him and Lopez Obrador’s ratings soared.

The origins of the confession tape, leaked to top-rung reporter Carmen Aristegui, was obscure. Had Fidel dispatched it from his sick bed to bolster Lopez Obrador’s claims of victory as the PAN and the snake-eyed Televisa evening anchor Joaquin Lopez Dorriga hissed? The air grew serpentine with theories. There was even one school that speculated Calderon himself had been the source in a scheme to distance himself from Fox (there had always been “mala leche” between them) and Creel, now the leader of the PAN faction in congress.

AMLO advanced a variant of this explanation — the specter of Ahumada had been resuscitated to divert attention from the evidence of generalized fraud the Coalition had submitted to the TRIFE and the panel’s impending verdict that Calderon had won the election.

Perhaps the most nagging question in this snakepit of uncertainty is what happened during the partial recount of less than 10% of the 130,000 ballot boxes ordered by the TRIFE to test the legitimacy of the IFE’s results. Although the recount concluded on August 13th, the judges have released no numbers and are not obligated to do so — their only responsibility is to certify the validity of the election.

Although AMLO’s reps in the counting rooms came up with gobs of evidence — violated ballot boxes, stolen or stuffed ballots, altered tally sheets and other bizarre anomalies — only the left-wing daily La Jornada saw fit to mention them. The silence of the Mexican media and their accomplices in the international press in respect to the Great Fraud is deafening — although they manage to fill their rags with ample attacks on Lopez Obrador for tying up Mexico City traffic.

According to AMLO’s people, 119,000 ballots in the sample recount cannot be substantiated — in about 3500 casillas, 58,000 more votes were cast than the number of voters on the voting list. In nearly 4,000 other casillas, 61,000 ballots allocated to election officials cannot be accounted for. The annulment of the casillas in which these alterations occurred would put Lopez Obrador in striking distance of Calderon and in a better world, would obligate the TRIFE to order a total recount.

But given the cheesy state of the Mexican judiciary this is not apt to happen; one of the judges who will decide the fate of democracy in Mexico is a former client of El Jefe Diego for whom the PANista senator won millions from the Mexico City government in a crooked land deal.

Meanwhile, thousands continue to camp out in a hard rain for a third week on the streets of Mexico City awaiting the court’s decision. They have taken to erecting shrines and altars and are praying for divine intervention. Hundreds pilgrimage out to the shrine of the Virgin of Guadalupe, some crawling on their knees, to ask the Brown Madonna to work her mojo. “God doesn’t belong to the PAN!” they chant as they trudge up the great avenue that leads to the Basilica. “AMLO deserves a miracle” Esther Ortiz, a 70 year-old great grandmother comments to a reporter as she kneels to pray before the gilded altar.

At the Metropolitan Cathedral on one flank of the Zocalo, a young worshipper interrupts Cardinal Norberto Rivera with loas to AMLO and is quickly hustled off the premises by the Prelate’s bouncers. The following Sunday, the Cathedral’s great doors are under heavy surveillance, and churchgoers screened for telltale signs of devotion to Lopez Obrador. Hundreds of AMLO’s supporters mill about in front of the ancient temple shouting “voto por voto” and alleging that Cardinal Rivera is a pederast.

AMLO as demi-god is one motif of this religious pageant being played out at what was once the heart of the Aztec theocracy, the island of Tenochtitlan. The ruins of the twin temples of the fierce Aztec war god Huitzilopochtli and Tlahuac, the god of the rain, is adjacent to the National Palace against which AMLO’s stage is set. Lopez Obrador sleeps each night in a tent close by.

Many hearts were ripped out smoking on these old stones and fed to such hungry gods before the Crusaders showed up bearing the body and blood of Jesus Christ.

AMLO is accused by right-wing “intellectuals” (Enrique Krauze and the gringo apologist George Grayson) of entertaining a Messiah complex. Indeed, he is up there every day on the big screen, his craggy features, salt and pepper hair, raspy voice and defiantly jutted jaw bearing more of a passable resemblance to a younger George C. Scott rather The Crucified One. AMLO’s devotees come every evening at seven, shoehorned between the big tents that fill the Zocalo, rain or shine. Last Monday, I stood with a few thousand diehards in a biblical downpour, thunder and lightening shattering the heavens above. “Llueve y llueve y el pueblo no se mueve” they chanted joyously, “it rains and rains and the people do not move.”

The evolution of these incantations is fascinating. At first, the standard slogan of “Voto Por Voto, Casilla por Casilla!” was automatically invoked whenever Lopez Obrador stepped to the microphone. “You are not alone!” and “Presidente!” had their moment. “Fraude!” is still popular but in these last days, “No Pasaran!” — they shall not pass, the cry of the defenders of Madrid as Franco’s fascist hordes banged on the doors of Madrid, 1936 — has flourished.

In this context, “No Pasaran!” means “we will not let Felipe Calderon pass to the presidency.” AMLO, who holds out little hope that the TRIFE will decide in his favor, devotes more time now to organizing the resistance to the imposition of Calderon upon the Aztec nation. Article 39 of the Mexican constitution, he reminds partisans, grants the people the right to change their government if that government does not represent them. To this end, he is summoning a million delegates up to the Zocalo for a National Democratic Convention on Mexican Independence Day September 16th, a date usually reserved for a major military parade.

Aside from the logistical impossibility of putting a million citizens in this Tiananmen-sized plaza, how this gargantuan political extravaganza is going to be financed is cloudy. Right now, it seems like small children donating their piggy banks is the main mode of fund-raising. Because AMLO’s people distrust the banks, all of which financed Calderon’s vicious TV ad campaign, a giant piggy bank has been raised in the Zocalo to receive the contributions of the faithful.

Dreaming is also a fundraiser. Some 10,000 raised their voices in song this past Sunday as part of a huge chorus assembled under the dome of the Monument to the Revolution to perform a cantata based on the words of Martin Luther King and Mohandas Gandhi. This too is a form of civil resistance, Lopez Obrador commended his followers.

The first National Democratic Convention took place behind rebel lines in the state of Aguascalientes in 1914 at the apogee of the Mexican Revolution when the forces of Francisco Villa and his Army of the North first joined forces with Zapata’s Liberating Army of the Southern Revolution. The second National Democratic Revolution took place 80 years later in 1994, in a clearing in the Lacandon Jungle of Chiapas when the Zapatista Army of National Liberation wedded itself to the civil society in an uprising that rocked Mexico all throughout the ’90s; eclipsed by events, the EZLN and its quixotic spokesperson Subcomandante Marcos have disappeared from the political map in the wake of the fraudulent election.

What this third National Democratic Convention is all about is now being debated in PRD ruling circles and down at the grassroots. Minimally, a plan of organized resistance that will dog Felipe Calderon for the next six years, severely hampering his ability to rule will evolve from this mammoth conclave. The declaration of a government in resistance headed by Andres Manuel Lopez Obrador is one consideration. The National Democratic Convention could also result in the creation of a new party to replace a worn-out PRD now thoroughly infiltrated by cast-offs from the PRI.

The Party of the Democratic Revolution has always functioned best as an opposition party. With notable exceptions (AMLO was one), when the PRD becomes government, it collapses into corruption, internecine bickering, and behaves just as arrogantly as the PAN and the PRI. No Pasaran?

Seven weeks after the July 2nd electoral debacle, Mexico finds itself at a dangerously combustible conjunction (“coyuntura”) in which the tiny white elite here is about to impose its will upon a largely brown and impoverished populous to whom the political parties and process grow more irrelevant each day. “No Pasaran!” the people cry out but to whom and what they are alluding to remains to be defined.
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John Ross’s ZAPATISTAS! Making Another World Possible – Chronicles of Resistance 2000-2006 will be published by Nation Books this October. Ross will travel the Left Coast this fall with both ZAPATISTAS! and a new chapbook of poetry BOMBA! and is still looking for possible venues; send suggestions to johnross@igc.org

WEDNESDAY

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AUG. 23

Fundraiser

Clean Keefer

Join Terry Baum, former Green Party candidate for Representative in the 8th district, at a fundraiser for her successor in grassroots representation – Krissy Keefer, the local activist, Dance Brigade founder, and now Green Party candidate for US Congress. Unlike Rep. Nancy Pelosi (D-CA), Keefer is not accepting any corporate donations for her campaign. Musician Scrumbly Koldewyn and singer-songwriter Austin Willacy perform. (Deborah Giattina)

7-9 p.m.
Bazaar Cafe
5927 California, SF
Campaign donations accepted
(415) 835-4748, krissyforcongress@yahoo.com

Music

Japanther

If Brooklyn’s Japanther weren’t people, they’d be gas-powered robots straight off the mean streets. Employing the plowing force of gutter punk and the tinny hooks of bedroom-recorded pop, their music is a potent mixture: it’s punk and they play it fast, but there’s a certain whimsy and strong sense of melody hiding behind the muscular grind. This particular show benefits the Prisoners Literature Project and Berkeley Liberation Radio. This Bike is a Pipe Bomb, who play a folky variety of jittery, socially conscious punk, share the bill. (Michael Harkin)

With This Bike is a Pipe Bomb, Two Gallants, KIT, and Stripmall Seizures
8 p.m.
$7-$10
LoBot Gallery
1800 Campbell, W. Oakl
(510) 798-6566
www.lobotgallery.com

Also Thurs/24
With This Bike is a Pipe Bomb and the Punks
9:30 p.m.
$7
Hemlock Tavern
1131 Polk, SF
(415) 923-0923
www.hemlocktavern.com