Government

Judge slams daily-paper monopoly

0

It’s rare to see a federal judge slap down two of the nation’s biggest media corporations, accuse them in effect of lying and declare that their intentions are illegal. That’s what Susan Illston did Nov. 28 in a ruling that barred Hearst Corporation and Dean Singleton’s Media News Group from combining sales and business operations in Northern California.
It’s a stunning legal document: The judge exposes in some detail the plans of the two big companies to collaborate with each other on sales and distribution, undermining any pretense that there will be real competition in the Bay Area daily newspaper market.
The ruling came as part of a lawsuit by real-estate investor Clint Reilly, who is doing as a citizen what the state and federal justice departments have refused to do. He’s challenging the right of Singleton and Hearst to create a regional daily paper monopoly.
Reilly sued to block Singleton from buying the San Jose Mercury News, the Contra Costa Times, the Monterey Herald and some 30 other smaller papers, a move that would give the Denver media magnate a virtual monopoly on daily newspapers in the region. (Singleton already owns the Oakland Tribune and the Marin Independent Journal). Singleton’s lawyers argue that the deal isn’t actually eliminating competition, since the San Francisco Chronicle, owned by the Hearst Corporation, is still a major competitor. And in fact, in part of the basis of that argument, Illston rejected Reilly’s original attempts to put the deal on hold.
But there’s a strange aspect to the sale: Hearst put up $300 million to help finance the buyout, and in exchange was slated to get stock in some of Singleton’s properties outside of California. Reilly found that fishy, but at first, the judge disagreed.
But over the past few months, as Reilly’s lawyer, Joe Alioto, has sifted through a huge pile of discovery material, a key piece of evidence has come to light. It turns out that Hearst and Singleton quietly had a plan going to sell ads together and to combine their Bay Area distribution operations. In other words, the ostensible competitors were really going into business together.
“”The Hearst Corporation and Media News Group Inc. agree that they shall negotiate in good faith agreements to offer national advertising and internet sales for the San Francisco Bay Area newspapers on a joint basis,” an internal letter that Alioto uncovered states. The April 26, 2006 letter, from Hearst Senior Vice President James Asher to Joseph J. Ludovic IV, president of Media News, also states that the companies will work to “consolidate the San Francisco Bay Area distribution networks of such newspapers.”
That sort of arrangement is very similar to the joint operating agreements that were popular in the 1970s and 1980s. Under JOAs, two competing daily papers would combine their business functions while operating separate newsrooms. It was immensely profitable for the JOS publishers – and horrible for readers and advertisers. Without any ecnomic inventive to compete, the papers gave up on their duties as watchdogs of the public trust. The San Francisco Chronicle and Examiner operated under a JOA for many years.
The letter, Illson wrote, “casts doubt on the Court’s earlier finding that the San Francisco Chronicle is a strong source of competition for [Singleton’s] newspapers.” She added that the arrangements “appear inconsistent with the notion [cited by Hearst’s lawyers] that … Hearst ‘is specifically not going to be involved in [Singelton’s] Bay Area newspaper properties.’” That’s legalese for saying that the giant newspaper barons at the very least misled the court.
In fact, Illston states that she “is not wholly convinced that the arrangement now described by defendants would be legal.” The point: advertisers seeking to buy space in a Bay Area daily paper might wind up with having exactly one choice – the combined Singleton-Hearst operation – a situation that would violate antitrust laws.
“Such agreements, the mere existence of the letter, and the cooperation between Hearst and Media News they reflect, increase the likelihood that the transactions at issue here were anti-competitive and illegal,” Illson wrote.
In open court, Alioto argued that the Hearst-Singleton side deal was the lynchpin that made the entire complex purchase deal possible. That would mean that from the start, officials from Hearst and Singleton had agreed to join forced and end daily competition in the Bay Area.
Illston didn’t toss out the entire Singleton deal, ruling that if Reilly succeeds in proving the deal illegal, it can be undone later. But she did issue a restraining order blocking the parties from entering into any of the joint operations that were described in the April 26 letter.
The amazing thing about all of this is that it came to light only because Reilly was willing to put up his own money to take on the case. The U.S. Justice Department was happily allowing it to sail forward. California Attorney General Bill Lockyer had done nothing to toss even a pebble in the path of the merger steamroller. That’s not just terrible public policy – it’s embarrassing. With this new evidence now available, Lockyer and the feds should immediately go into court and join with Reilly to seek a permanent injunction against the entire deal and to force Singleton to divest some of his properties so that some semblance of competition will exist in the local daily newspaper market.
The ruling raises a troubling question: What’s in all of the other secret documents are out there? What other plots and plans were the newspaper owners hatching? We don’t know – because the publishers, who love to describe themselves as staunch supporters of open government, have demanded that every piece of paper in the case be kept under court seal. That’s wrong: The papers certainly can’t claim that competitive trade secrets are at issue, since they clearly had no intention of competing. So why the secrecy? Judge Illston should lift the seal and open all of the records in this case to the public.

PS: The mighty U.S. Justice Department can lock 24-year-old Josh Wolf in prison for standing up to his First Amendment rights, but can’t seem to lift a finger against big newspaper publishers. Lovely.

IN THE RED

0

It’s being released to coincide with World AIDS Day, but Thom Fitzgerald’s 3 Needles isn’t so much about AIDS as it is blood — human hemoglobin seems to pour from every frame. Part Holy Communion, part arsenic-laced Syrah, it’s constantly being wielded by the film’s characters as a weapon in their desperate struggles to survive both the disease and its political and social ramifications.
The movie’s sweeping triptych of stories spans three continents. The first tale, which takes place in China, features Lucy Liu as a very pregnant woman bound to a man dying of AIDS who illegally collects and runs blood out of her dilapidated VW bus. The second (coyly titled “The Passion of the Christ”) follows a poor, HIV-positive Montreal porn actor (Shawn Ashmore) and his Quebecois waitress mother (Stockard Channing), who purposely infects herself with the virus so she can sell her life insurance for a huge profit. Finally, in coastal South Africa two missionary nuns (Sandra Oh, Olympia Dukakis) and a nun in training (Chloe Sevigny) care for dying AIDS victims in the midst of white plantation owners exploiting HIV-infected employees who are so ignorant about the disease they believe they can be cured by passing it on to virgins (i.e., children).
So it’s not exactly Happy Feet. But compared to those sad sacks in Babel, Alejandro Gonzalez Inarritu’s exercise in sadistic anguish, 3 Needles’ characters handle their various afflictions with aplomb and ingenuity. The fight may be futile, but it’ll still be fought — complete with a few sacri-licious jabs at the Big Man himself. It’s doubtful that bisexual Irish Catholic provocateur Fitzgerald (The Hanging Garden) is calling for an Elton John–style outright ban on religion, but his piercing words and images offer a visceral inoculation against the complacency of the church, the worldwide government, and the free market itself.
It all adds up to a wet, crimson slap in the face of global apathy — and a desperately needed one at that. After all, breaking through the polite rhetoric should only take a little prick. (Michelle Devereaux)
3 NEEDLES
Opens Fri/1 in Bay Area theaters
See Movie Clock at www.sfbg.com
www.3-needles.com

Newsom should comply with Prop. I

0

OPINION Much has been said about Mayor Gavin Newsom’s stunning defeat at the ballot Nov. 7. Newsom’s slate of endorsements went down in flames — from supervisorial candidates Rob Black and Doug Chan to the contenders he hoped would take control of the school board to a host of progressive ballot propositions, including worker sick leave and relocation assistance for evicted tenants. Every incumbent supervisor was also reelected, indicating an overall approval level of the Board of Supervisor’s performance. And the voters took a further unprecedented step with the passage of Proposition I, which asked the mayor to appear before the board in person once a month to discuss city policy. The voters sent a clear message that they want the mayor to work with the supervisors rather than against them.
Will Newsom respect the mandate and comply with Prop. I? It’s anyone’s guess right now. The measure is not legally binding, and he vehemently opposed it. Here are five reasons why Newsom should comply with Prop. I:
1. The voters asked him to. Newsom claims to care about the will of the voters. He cited the “will of the voters” as his basis for vetoing a six-month trial of car-free space in Golden Gate Park — even though a trial has never been voted on. Will he respect the voters this time?
2. The status quo is not working. The homicide rate, traffic deaths, and Muni service have gotten worse every year under the Newsom administration. Commissioners aren’t being appointed on time, police reform is off track, promised low-income housing is delayed, all bicycle improvements are on hold, and our roads are falling apart. Popular public events such as the North Beach Jazz Fest are under attack by a city government that can’t keep Halloween revelers safe. Meanwhile, the mayor focuses on political damage control related to his apparent loss of the 49ers in 2012 and the Olympics in 2016.
3. Newsom consistently opposes ideas coming from the Board of Supervisors but doesn’t seem to have any of his own. The homicide rate is at an all-time high and keeps getting worse. But Newsom has opposed every significant measure proposed by the supervisors, including funding for homicide prevention and assistance for victims’ families via Proposition A, as well as police foot patrols. Fare hikes and service cuts haven’t solved Muni’s problems, but Newsom sided with the local Republican Party in opposing Proposition E, which would have provided much-needed funding for Muni through an incremental increase in the car parking tax.
4. Newsom has been missing in action too long. The mayor spent almost the full first three years of his four-year term fundraising around the country to pay off his 2003 campaign debts. This busy fundraising schedule, combined with the demands of his relentless PR machine, has sent the mayor chasing photo ops in China; Italy; Washington, DC; Los Angeles; Chicago; New York; and a host of other places. The majority of the voters are now siding with progressives, the Guardian, and even the San Francisco Chronicle in asking “Where is the mayor?”
5. The voters asked him to. Really, that should be enough. No? SFBG
Ted Strawser
Ted Strawser is the founder of the SF Party Party.

Drilling Mexico

0

› news@sfbg.com
Macuspana, Tabasco, Mexico — The billboard posted along the scrubby highway running east in the sultry southern state of Tabasco displays lush jungle, a sun-dappled iguana, and a flock of dazzling macaws. “We’re working for a better environment” the giant road sign radiates.
The leafy graphic contrasts starkly with the blighted scenery of this tropical state, where rivers have been contaminated, the fish envenomed, and the corn fields blasted by acid rain that drips from the polluted sky thanks to the efforts of Petróleos Mexicanos (PEMEX), the national oil monopoly and its multiple transnational subcontractors. It is a testament to the fact that Tabasco holds Mexico’s largest land-based petroleum deposits.
But the billboard here in Macuspana — the swampy, oil-rich region settled by the Chontal tribe — was not posted by the Environmental Secretariat to inspire conservationism or even by PEMEX to burnish its tarnished image. No, this pristine scene is signed off by a familiar name for the United States: Halliburton de Mexico. The Houston-based petroleum industry titan’s south-of-the-border subsidiary is PEMEX’s largest subcontractor. Vice President Dick Cheney’s old megacorporation and the largest oil service provider on the planet has been doing business in Mexico for many years.
The privatization of PEMEX, nationalized in 1938 after depression-era president Lázaro Cárdenas expropriated Caribbean coast oil enclaves from Anglo American owners, was right at the heart of Mexico’s still-questioned July 2 presidential election. Right-winger Felipe Calderón, a former energy secretary, is committed to selling off Mexico’s diminishing oil reserves — or at least entering into joint agreements that would guarantee private corporations a substantial quotient of them (the reserves have only 10 more good years, according to the worst-case scenario).
On the other side of the presidential ledger, leftist Andrés Manuel López Obrador, a native of Macuspana who many Mexicans believe actually won the presidency, advocates maintaining the state’s control over PEMEX, an entity that pays for more than 40 percent of the Mexican government’s annual budget, on the grounds that the oil wealth of the nation belongs to the Mexican people and no one else.
Knowing full well which side their bread was buttered on, transnationals like Halliburton rushed to support Calderón — as did Cheney, the corporation’s former CEO (1995–2000), and his running mate, George W. Bush. Both Cheney and Bush have long-standing ties to the Mexican oil industry. Bush’s daddy ran Zapata Offshore, a PEMEX subcontractor, back in the 1960s. His partner Jorge Diaz Serrano, a former PEMEX director, served prison time for an oil tanker kickback scheme. Cheney’s Halliburton somehow finagled its way into lucrative service contracts for the newly opened offshore Cantarell field (said to contain upward of 12 billion barrels) back in the 1990s.
How Halliburton got in on the ground floor smells fishy to National Autonomous University professor John Saxe-Fernandez, who tracks strategic resources. The Cantarell contracts were assigned while Cheney was running the show in Houston. At the same time, the Texas conglomerate was busy across the Atlantic allegedly bribing Nigerian oil officials, according to press reports and a French magistrate.
The truth is the debate about privatizing PEMEX is no longer much of a debate. PEMEX has long since subcontracted virtually its entire exploration and perforation divisions to transnationals such as Halliburton, Fluor-Daniels, and the San Francisco–based Bechtel, leaving PEMEX a virtual shell.
Cheney’s old outfit has grabbed the lion’s share of this billion-dollar prize. Between 2000 and 2005, Halliburton picked up 159 contracts with PEMEX’s Perforation and Exploration division for a total of $2.5 billion, about a quarter of PEMEX’s annual operating budget, according to Saxe-Fernandez. The contracts cover everything from drilling slant and vertical wells to maintaining offshore platforms to logging out a jungle for the drilling of 27 turnkey wells in Tabasco and Chiapas.
With 1,250 employees and thousands of contract workers, Halliburton de Mexico has offices in Ciudad del Carmen, Campeche (the fast-shrinking Cantarell operation); Reynosa Tamaulipas, where Cheney’s boys are helping to exploit the Burgos natural gas fields; and Poza Rica Veracruz, a region in which Standard Oil’s Harry Doherty and Lord Cowry (Weetman Pierson), owner of what eventually became British Petroleum, once ruled with an iron fist and where Halliburton is now combing through what is left of its old Chicontepec field.
Halliburton also maintains offices in Mexico City and Villahermosa Tabasco, from which it oversees its off- and onshore Caribbean domain. Mexico’s Gulf Coast is not Halliburton’s only Caribbean operation. The KBR (Kellogg Brown Root) division of Cheney’s conglom built 207 cells at Guantánamo Bay, Cuba, in 2002 to house so-called enemy combatants.
Halliburton has had a boot planted in the rebel-ridden state of Chiapas since 1997, three years after the Zapatista Army of National Liberation (known in Mexico as the EZLN) rose up and declared war on the Mexican government after the conglom built a natural gas separation plant in the north of that southernmost state. In 2003, Halliburton won a $20 million contract to expand natural gas infrastructure at Reforma — autonomous Zapatista communities lie south and east of the Halliburton installations.
Both PEMEX’s and Cheney’s associates have their eyes on Chiapas — ample reserves lie under the floor of the Lacandon jungle in areas where the Zapatistas have established their caracoles, or public centers, according to studies by National Autonomous University political geographer Andrés Barreda. Indeed, the first battle between the EZLN and the Mexican military took place near a capped well at Nazaret in the canyons that lead down to the jungle floor near where the Zapatista Road to Hope (La Garrucha, the autonomous municipality of Francisco Gomez) now sits.
According to closely held PEMEX numbers unearthed by Houston oil investigator George Baker, Nazaret was putting out a million cubic feet of natural gas a day when it was capped back in the early 1990s. If Halliburton had been in the picture then, it probably would have picked up the contract, and Dick Cheney, an avid if erratic hunter, would have gotten a chance to exterminate many endangered Lacandon jungle species.
In a religious mood, Cheney once wondered out loud why God did not put the oil under democratic countries, and with that mission in mind, he has set out to democratize foreign oligarchies. His endeavor to bring democracy to Iraq has resulted in more than 50,000 Iraqi dead, civil war, devastation and destruction in every corner of the land, and the systematic sabotage of that nation’s petroleum infrastructure.
Now Cheney and his Halliburton associates say they are democratizing Mexico, having aided and abetted the stealing of the presidential election from López Obrador in favor of Calderón, who would privatize PEMEX. As a member of the Council of Communication, which groups together transnationals doing business in Mexico, Halliburton helped pay for a vicious TV campaign that featured defamatory hit pieces tagging López Obrador a danger to Mexico. Because only political parties can mount such campaigns, Halliburton’s participation was patently illicit, according to Mexico’s highest electoral tribunal.
Planted outside Halliburton de Mexico’s offices in a soaring skyscraper overlooking Paseo de Reforma, where López Obrador’s people would soon be encamped last summer, 80-year-old former oil worker Jacinto Guzman remembered the great strikes (his father was a striker) that had impelled Cárdenas to expropriate the Caribbean complexes where Halliburton now rules — and bemoaned the depredations of Cheney and others of his ilk against what belongs to the Mexican people.
Dressed in a wrinkled suit and hard hat, the old oil worker said he was even more vexed by Halliburton’s participation in the smear campaign to vilify López Obrador.
As he told me, “The gringos think they own our elections too.” SFBG
John Ross is the Guardian’s correspondent in Mexico. His latest book is ZAPATISTAS — Making Another World Possible: Chronicles of Resistance 2000–2006.

The morning after

0

› gwschulz@sfbg.com
The plight of newspapers is a popular news story these days, from a late-August cover package in the Economist (“Who Killed the Newspaper?”) to National Public Radio’s On the Media last week (“Best of Times, Worst of Times”).
It’s usually told as the story of an industry on its deathbed, bleeding from self-inflicted wounds and those delivered by Wall Street, Main Street, Craigslist, and the blogger’s laptop. Ad revenues have nose-dived in recent years. Circulation is down nationwide. Journalism scandals and shortcomings have damaged the whole profession’s credibility.
And staff newspaper blogs alone won’t be enough to bring a new generation of tech-savvy Americans back to hard-copy publications that even smell stodgy and old.
Yet the bottom line is still the bottom line. The truth of the matter is that many publicly traded newspaper companies have healthy profit margins ranging between 15 and 20 percent. But the tendency of the doom and gloom business press to sensationalize bad news may actually make things easier for William “Lean” Dean Singleton, the cost-cutting king of Denver-based MediaNews Group, which recently announced a round of staff reductions at its Bay Area newspapers. The cuts came amid claims of a massive dip in ad income just a few months after Singleton promised that his company’s buyout of local newspapers wouldn’t diminish the quality or quantity of journalism here.
“Given continued declines in revenue, we need to reduce expenses significantly, and thus have no alternative but to implement a reduction in [the] work force,” George Riggs, who was recently appointed to lead the company’s Northern California operations, told employees in a memo Oct. 20. Several such memos have now been posted on the Internet.
If this is how quickly the news biz can turn ugly, it’s a wonder MediaNews was attracted to print journalism in the first place. Who knows what newspapers around here will look like in another few months? How much fat can they trim before they start hitting bone?
They aren’t just cutting staff. The Bay Area’s newspaper establishment is now outsourcing work to circumvent those pesky labor unions. The press operators’ union at the San Francisco Chronicle — which was the sole union holdout against management’s demand for expanded control and decreased benefits — could disappear in three years as a result of a new printing contract with a Canadian company. MediaNews recently announced plans to outsource ad production positions to India.
Consolidation already has amounted to fewer reporters covering individual stories that are distributed to several publications, including at least one story about the latest layoffs. That means fewer editorial perspectives on key public policies (and possibly fewer editorial positions) for readers in a market that’s notorious for its high intellectual demand and robust political participation.
Only an ongoing federal Justice Department investigation and a civil lawsuit threaten to slow down big changes going on at the Bay Area dailies. A federal judge ruled just before deadline in real estate mogul Clint Reilly’s antitrust claim against the Hearst Corp., publisher of the Chronicle, and MediaNews that for now, at least, the two could not combine circulation and advertising operations to save money.
The companies had secured a court order sealing key records unearthed during discovery, including depositions and exhibits, citing the right to protect confidential trade secrets. It’s an ironic move for a group of papers that have regularly sued government agencies for public records and made a great show of their First Amendment pieties.
Federal Judge Susan Illston on Nov. 28 blocked the two companies from merging some advertising and distribution operations, a consolidation she said was probably illegal under antitrust laws. And she sounded her concern that Hearst isn’t the “passive equity investor” it had represented itself in court to be. She also revealed the contents of letters written in March and April by company executives: “Hearst and MediaNews will enter into agreements to offer national advertising and internet advertising sales for their Bay Area newspapers on a joint basis, and to consolidate the Bay Area distribution networks of such newspapers, all on mutually satisfactory terms and conditions, and in each case subject to any limitation required to ensure compliance with applicable law.” (For more extensive information on the ruling and related coverage, see www.sfbg.com.)
For those who regard newspapers as more of a public trust than an engine for deep profits, the future is starting to look a bit unsettling.
When Singleton expanded his control over the Bay Area threefold last summer, he temporarily quelled some discontent by assuring skeptics that there were no planned changes in staffing and salaries as a result of the transactions.
“We’re looking forward to doing a lot of good things here in Northern California,” Singleton told San Jose Mercury News staffers, according to the paper’s story on the buyout.
But employees at the papers still had every reason to be nervous about Singleton’s $1 billion takeover of the Contra Costa Times, the Mercury News, and other papers from the Sacramento-based McClatchy Co.
MediaNews already owned the Oakland Tribune, the San Mateo County Times, and the Marin Independent Journal among others in California before it carved excess properties out of McClatchy, which had grown too large following its purchase of the Knight Ridder chain earlier this year.
The purchases allowed Singleton to seize almost complete control of 14 metropolitan and suburban media markets. The only remaining daily print competitor in the Bay Area was the Chronicle and its parent company, the Hearst Corp., which subsequently purchased $300 million in MediaNews stock, a deal the feds are still investigating. When the transaction with Hearst was finalized, top executives at MediaNews were collectively awarded about $2 million in bonuses.
Some profiles of Singleton have depicted him as a good old-fashioned newspaper journalist, but knowing his cost-cutting reputation, only a fool would assume there were no plans to consolidate major operating functions to save money regardless of any promises made. Singleton has always been more about business than news.
Clustered ownership and shared management were prominent features of the company that MediaNews presented to investors at a Deutsche Bank “Global High Yield” conference in October. An April letter that reappeared in federal court last week during a hearing in Reilly’s suit confirmed that MediaNews and Hearst hoped to shed costs by possibly combining circulation and advertising operations.
Layoffs are also a big part of Singleton’s MO. Respected but tough Contra Costa Times editor Chris Lopez was let go in October because he’d become “redundant,” according to a memo company executive John Armstrong sent to employees.
“That came as a shock to a lot of people in the newsroom,” one source at the paper told the Guardian. Known for handing cash rewards out of his wallet to reporters who nailed concise stories for the front page, Lopez had attempted to play down Singleton’s reputation when the purchases were announced. Lopez had been at the paper for more than six years and had helped earn Singleton a Pulitzer Prize during a six-year stint at the company’s flagship Denver Post, received for its coverage of the Columbine shootings.
“In better times, we might have found a way to ignore an extra position or two or even three,” Armstrong wrote in the memo.
Lopez insisted to the Guardian in a phone interview that he had proposed his own termination to ease anticipated cuts elsewhere.
“My layoff from the paper was not unexpected,” Lopez said. “It caught the staff off guard, but I saw it coming. I made the recommendation. I was trying to save some jobs in the newsroom.”
The loss of an experienced editor may have saved some jobs … for now. But maybe not for long. Reporters have been asked to summarize their beats for managers to determine how they can cover single subjects for a number of papers. The idea seems to be maximizing staff output rather than ensuring broad coverage of the communities.
A story about Lopez’s departure written by a Times reporter also appeared on the Merc’s Web site. MediaNews is also looking into multimedia deals with local TV stations and arming reporters with cameras for podcasts, one source told us.
Armstrong told the Guardian in a phone interview that opinion columnists, for instance, could still cover the same stories. “But we had found some situations where reporters were sent to the same events like Oakland [Raiders] away games.” He said offering buyouts to staffers has been “successful,” but it wasn’t enough to stem declining revenue, triggering the need for “involuntary” layoffs.
All of this may make sense from a strictly economic perspective. After all, doing more with less is a widely accepted imperative for profit-driven corporations. But there is a public price that will be paid for this reality: Bay Area citizens will get less original reporting and fewer perspectives on the news.
A former senior staffer at a major Bay Area daily wrote an open missive outlining recent major stories covered by fewer reporters: “Three months after MediaNews Group added two major Knight Ridder dailies to its far-flung Northern California newspaper group, news coverage is well on its way to being homogenized in this formerly competitive market.”
The observation is borne out by a Guardian survey of three major MediaNews papers. Out of 10 top recent cultural and political stories in the Bay Area, nine were covered by the same reporter, who wrote the same article for all three papers. (For details, visit www.sfbg.com.)
Under the recent layoff announcement, the Merc could lose up to 101 employees, half from its newsroom, while more than 100 business-side positions will be reportedly moved to a new, nonunionized San Ramon office of the California Newspapers Partnership (CNP), a consortium of companies including Gannet Co. and Stephens Group that helped MediaNews fund its recent purchases. The centralized San Ramon space could continue to fill up with employees from the business side of the papers who have been forced to reapply for their jobs under the CNP corporate moniker. They would presumably fall out from under union protection.
The company’s Peninsula and East Bay papers saw cuts across their operations from Walnut Creek to San Mateo. Armstrong told the Times the layoffs were “broad but not deep.” East Bay Express writer Robert Gammon, a former Tribune reporter and union organizer, revealed in early November that MediaNews planned to leave behind the Tribune’s historic downtown tower and move many of its staffers to the San Ramon office. News-side functions could be moved to a cheaper spot across from the Oakland Coliseum.
“The question is how do we continue to put out a paper people want to read if we continue to cut further?” Luther Jackson, executive officer for the San Jose Newspaper Guild, which represents almost 500 workers at the Merc, asked the Guardian. “I have a concern that when newspapers face increased competition for advertising, why are we cutting service? Does it work for readers? Does it work for advertisers?”
The Bay Area isn’t alone. In the complex transactions that took place over the summer, Hearst bought the St. Paul Pioneer Press from McClatchy and shifted it to MediaNews in exchange for stock in the company. At the Pi Press, as it’s known in Minnesota, 40 positions were cut in November. A MediaNews paper in Los Angeles, the Daily News, recently axed its publisher and 20 other workers.
MediaNews enraged union workers at the Merc when it offered them a contract during September negotiations that was unlike anything they’d seen at the paper before. The company has since toned down some of its harsher demands but asserted that if a tentative agreement were accepted by Nov. 30, the Merc might see fewer layoffs, Jackson told the Guardian.
The proposal would grant management the right to modify insurance coverage without telling the union, freeze the paper’s pension plan and replace it with a 401(k), and change the types of work that could be assigned to nonunion employees. It would also allow the paper to hire new workers at “market-rate” salaries, which means their pay increases could be capped at lower rates.
The company may choose to simply not replace costly veterans who are retiring or accepting buyouts, meaning cub reporters could find themselves with fewer seasoned mentors around to help teach them government and private sector watchdogging.
The guild foresees losing nearly 200 members if the full number of layoffs and worker transfers are carried out. And many guild members fear it may also mean the beginning of the end of newspapers as we know them.
Corporations have the right to see to their bottom lines. But communities and individuals also have a right to the fruits that independent, competitive journalism bestows. And that’s the right being asserted now in civil court by Clint Reilly.
While federal and state investigators have largely been idling, Reilly sued Hearst, MediaNews, and its other business partners last summer. He asked Judge Illston to temporarily halt the transactions until the trial begins in his antitrust claim against the companies. She denied Reilly’s initial request for a preliminary injunction, in part because the Hearst investment had not been officially inked, even though the trial isn’t expected to start until this spring.
In her opinion, however, she suggested parts of the deal were troubling and has not ruled out forcing MediaNews to give up some of its newly acquired assets. Earlier this month Reilly’s attorney, Joe Alioto, again asked the judge for an injunction. The renewed appeal was inspired in part by the recently announced job cuts.
The plaintiffs are arguing Hearst and MediaNews previously withheld a letter from the court that the two companies had signed agreeing to discuss the possibility of combining some circulation and advertising functions to save money. In his request Alioto told the judge the companies were “rapidly consolidating, commingling, and irrevocably altering their San Francisco Bay Area newspapers so as to frustrate this Court’s ability to provide an effective remedy for their antitrust violations.”
During a tense hearing last week on the matter, Alioto asked that top Hearst and MediaNews executives be ordered to testify immediately. He suggested Hearst’s board of directors would never have agreed to invest $300 million in MediaNews if it couldn’t also merge distribution and ad sales with its competitor.
“I don’t think there is any doubt that they intend to end up with newspapers that are very different than they are today,” Alioto said. He wants any such discussions stopped by the court, adding, “We believe they intend to wipe out the possibility of any of these papers to remain freestanding. These papers will not be the same within a very short amount of time.”
Hearst attorney Daniel Wall angrily fired back that no one was trying to deceive the court with a price-fixing agreement and that the companies were merely discussing the possibility of “pro-competition collaboration,” which Wall described as a business partnership lawfully permitted by the Justice Department. He disclosed that the Chronicle was bleeding millions of dollars annually, partially because of lost revenue to the Web, and exclaimed that drastic cost reductions were necessary to keep the paper alive.
“These are tough times for newspapers, and they need to take cost out of the system,” Wall told the judge. “They need to find new revenue streams.”
Hearst has already faced something akin to all of this before. Reilly sued it in 2000 when the company bought the Chron and attempted to nix competition by shutting down its long-held San Francisco Examiner. Reilly didn’t block the deal, but the Justice Department forced Hearst to keep open the reliably conservative Examiner, today owned by another Denver-based company.
This week Illston ruled that Hearst and MediaNews must temporarily stop any agreements to combine advertising sales and distribution networks until Dec. 6, when she’ll decide whether to extend her prohibition on merging business operations.
Reilly has emerged over the last decade as a serious pain for corporate media executives and unshakable critic of concentrated newspaper ownership in the Bay Area. His most recent lawsuit charges that the Hearst and MediaNews partnership would dilute fair competition and limit alternatives for both readers and advertisers.
“They started the blood flow with the firings,” Alioto told reporters after the hearing. “We think when they’re done with this they’re going to have entirely different newspapers.”
Recent job losses don’t stop at just MediaNews. The Chronicle is getting in on the action too.
Divisive contract negotiations between the Chronicle and the Web Pressman and Prepress Workers Union Local 4 over the last two years ended recently when the union “reluctantly approved” an agreement, union treasurer Paul Kolter told us. The union was the last holdout at the paper to accept drastically reduced workers’ rights.
By successfully pushing its will on the unions, Hearst has virtually ensured that the press operators won’t pose much of a threat to the company anymore, because around the same time it signed a $1 billion outsourcing deal with the Canadian printing company Transcontinental.
The union’s new contract is up in about three years, and there are no assurances Local 4 will have any workers in the new plant Transcontinental has promised to build. That could mean the end of its relationship with the Chronicle and about 225 workers from the paper that it represents.
The previous contract ended in the summer of 2005, and under the paper’s new publisher, Frank “Darth” Vega, management called for drastic cuts in salaries and benefits. The two groups spent several intervening months battling over the proposed changes.
In July, Vega prepared the paper for a strike, issuing a memo that outlined exactly how to keep the paper operating throughout a work stoppage, and hired a notorious security firm that specializes in handling labor disputes.
The union points out that while the Chronicle complains of massive financial bloodletting, its parent company, Hearst, has somehow scraped together enough money for a brand-new $500 million office building in midtown Manhattan, the construction of which was completed over the summer. The company also sold the sprawling 82,000-acre ranch that surrounds Hearst Castle to the state early last year for nearly $100 million. It was once home to the notoriously belligerent and imperialistic newspaper magnate William Randolph Hearst.
Union members say there are wide ramifications to what’s happening here. In July the World Association of Newspapers published a report describing how more news services globally, including the New York Times, were outsourcing major tasks, even news reporting, to save money.
“There are a lot of labor unions that have an interest in what is happening with us,” Local 4 organizer and press operator Bruce Carlton told members at a meeting in late October. “If this flies, it will be a blueprint on how to break unions. We will be sent back into the ’30s.”
The mood is dark for many employees working under MediaNews and Hearst. The scrappy feel and hard-driving reportage of the CoCo Times under Lopez and Knight Ridder are believed by some to be at risk following the purchases. “No one thinks we’re going to be a better newspaper because of this,” one source at the paper told us.
In another memo MediaNews executive Armstrong wrote to Bay Area staffers last week, he stated that the company, in fact, predicted its “advertising revenue challenges.”
“We have no additional job reductions planned due to economic conditions, but we cannot guarantee that additional reductions might not be necessary in the future,” he wrote. “Our job level is dependent on our revenue performance.”
The memo also shows that the company plans to sell an office in Danville and two parking lots in downtown Oakland.
News accounts depicted third-quarter earnings for MediaNews based on Securities and Exchange Commission filings as a windfall profit caused by its purchases of the Times and the Merc. But the company’s ad revenue and circulation are actually down a few percentage points, and it made $16 million from the July sale of an office building in Long Beach, which offsets a simple analysis of its financial standing.
It’s still a company that topped $1 billion in revenue last year, a figure that has increased steadily since 2002, but Singleton has never feared doing business with loads of debt on the books, which he’s always used to fuel new purchases. For the Bay Area papers, MediaNews took on a $350 million bank loan in August.
MediaNews has still managed to take recent dire economic forecasts to a fever pitch despite its confidently large debt burden, enabling the company to implement a business model that’s hardly new for Singleton. He knows how to make money. Interestingly, for an industry that’s supposedly on the ropes, several billionaires (who didn’t become wealthy by investing poorly) have in the last few weeks publicly expressed interest in purchasing some of the nation’s largest dailies.
The Boston Globe noted earlier this month that rock industry tycoon David Geffen and grocery chain investor Ron Burkle were considering a bid for the Tribune Co., which owns the Los Angeles Times. That paper recently endured a major shakeup when a top editor was fired for refusing to execute job cuts demanded by the company. Former General Electric CEO Jack Welch has considered a run for the Globe, and more buyout rumors have floated around the Baltimore Sun and the Hartford Courant. Such deals could signal a fundamental shift in how newspapers are regarded with respect to their newsgathering responsibilities.
“Geffen has reportedly told associates that he’d be happy with returns comparable to the 3 or 4 percent he might get from municipal bonds,” the Globe wrote. Others have discussed turning individual newspapers into nonprofits.
But Singleton probably isn’t going anywhere, and a lot of people are going to have to learn how to get along with him around here, Texas drawl and all, unless the feds shut down his party.
Knight Ridder was a respected newspaper chain before investors grew restless and demanded greater short-term profit margins. It was sold earlier this year to McClatchy (begrudgingly for some top execs and Pulitzer-wielding journalists who openly fought with Knight Ridder’s financial backers prior to the sale). Knight Ridder posted a profit margin of nearly 20 percent in 2004.
Employees of the chain wrote a chilling open letter shortly before it was sold: “Knight Ridder is not merely a public company. It is a public trust. It must balance corporate profitability with civic purpose. We oppose those who would cripple the purpose by coercing more profit. We abhor those for whom good business is insufficient and excellent journalism is irrelevant.” SFBG

Clint Reilly wins a big one against Hearst and Singleton. Fighting to keep one newspaper towns from becoming a one newspaper region.

0

By Bruce B. Brugmann

On April 26, 2006, the McClatchy newspapers and the Chronicle/Hearst and MediaNews/Singleton publicly announced a complex series of transactions that resulted in Singleton owning three major Bay Area dailies (Contra Costa Times, San Jose Mercury News, and the Monterey Herald) that had been previously owned by Knight-Ridder and then McClatchy.

On the same day, April 26, 2006, Hearst and Singleton secretly signed a key centerpiece deal that set up a secret arrangement between Hearst and Singleton that in effect would allow them to join forces, destroy daily competition in the Bay Area, and establish a regional monopoly for the duration.

The key point: the two big publishing chains from New York and Denver lied in effect about the monopolizing features of their deal, and in effect concealed key evidence in the Clint Reilly antitrust case, according to Federal Judge Susan Illston. And then the two chains, who love to holler about freedom of the press and government suppression of documents, moved to keep the documents under seal, including the incriminating letter outlining the monopoly agreement. Their coverage amounts largely to rummy little business stories buried deep in their papers.

Illston neatly skewered the Hearst/Singleton lie that their deal was harmless and would not interfere with vigorous competition between the two companies. Illston quoted the April 26 letter, which she pointed out was not disclosed in the first hearing on a request for a temporary restraining order. (Alioto got the letter in discovery. It is an even bigger bombshell than his charge in the first Reilly trial that Hearst was “horesetrading” favorable coverage for political favors with then Mayor Willie Brown and others to get political help on its moves to create a morning monopoly.)

The letter of agreement was from Hearst Corporation Vice President James Asher to Joseph Lodovic, president of MediaNews. She quoted “in pertiment part” these statements: “The Hearst Corporation and Media News Group agree that they shall negotiate in good faith agreements to offer national advertising and internet advertising sales for their San Francisco Bay Area newspapers on a joint basis, and to consolidate the San Francisco Bay area distribution networks of such newspapers, all on mutually satisfactory terms and conditions, and in each case subject to any limitations required to ensure compliance with applicable law.

“In addition, Hearst and MediaNews agree that, with respect to the newspapers owned by each of them on the date of this letter, they shall work together in good faith to become affiliated with the networks operated by Career Builder…and Classified Ventures) on the same terms, and each of Hearst and MediaNews further agrees that neither of them shall enter into any agreement, arrangement, or understanding to participate in Career Builder or
Classified Ventures or their respective networks with respect to such newspapers unless the other party is offered the opportunity to participate on identical terms…”

Illston quoted extensively from the “secret” letter, but the Guardian and nobody else can see the letter, oor the supporting documents and depositions, that would further flesh out monopoly deal. That is a terrible position, let me emphasize, for big daily chains to be taking in federal court these days.

Illston said the letter “casts serious doubt on several key findings underlying” her previous order denying a temporary restraining order. She said that she had previously accepted Hearst arguments that “Hearst’s involvement in the transactions was solely that of a passive investor.” But she continued, “Though (Hearst and Singleton) offered no explanation why Hearst was willing to finance an acquisition that would only make competition stronger, the Court did not understand that Hearst expected, or would receive, any quid pro quo. However, the April 26 letter suggests, at the very least, that Hearst’s involvement was specifically tied to an agreement by MediaNews to limit its competition with Hearst in certain ways.”

This “cooperation” between Hearst and Singleton, she said, was “in fact, quid pro quo for Hearst’s assistance to MediaNews in acquiring two of the Bay Area papers.” (The quid pro quo was also a $300 million Hearst investment in Singleton, which I think might evaporate should Illston ultimately nix or water down the deal.) Illston also said the letter indicated that the Chronicle may not continue to be “strong competition” for the other Bay Area papers.

Had the letter been disclosed to the court, she said, it would have “affected the court’s analysis of the McClatchy-MediaNews-Hearst transactions in this case.” Summing up, she stated that “such agreements, the mere existence of the letter, and the cooperation between Hearst and MediaNews they reflect, increase the likelihood that the transactions at issue here were anti-competitive and illegal.”

And so she granted a temporary restraining order in part and temporarily restrained and enjoined Hearst and Singleton from entering into any agreements “of the nature described in the April 26 letter, including agreements to offer national advertising sales for their San Francisco Bay Area newspapers on a joint basis, and consolidation of the Bay Area distribution networks for their papers.” She ordered Hearst and Singleton to show cause at a Dec. 6 hearing why she should not impose a preliminary injunction. Quite an opinion.

As an antitrust attorney told us after reading the opinion, “How the hell does Joe Jr. keep getting the Hearst people to lie under oath, then cough up the documents that prove it? Haven’t they figured out that judges don’t react well to that little character flaw?”

Implicit in all of this is Brugmann’s Law of Journalism: where there is no economic competition, there is no news or editorial competition. Suddenly,for the first time ever by the terms of the proposed deal, daily competition would be eliminated and one of the most liberal and civilized areas of the world would be firmly under the monopoly thumb of conservative billionaires from New York and Denver. The result would give ad rates a monopoly boost, gut and centralize editorial staffs, make editorials and endorsements ever more uniform and conservative, and send all profits out of town on a conveyor belt to headquarters to buy more properties. The carnage is well underway (note our stories and those carried on ChainLinks, the newspaper guild publication)

Illston should disclose the letter and other documents in open court. And the U.S. Justice Department and California Attorney General should awake from their long naps and jump into this case and stop this secretive march to regional monopoly. Meanwhile, thank the Lord for Reilly and Alioto. Keep on rolling. B3, celebrating San Francisco values since l966

P.S. We are running lots of material on this story, including the judge’s order, because it amounts to a “censored” story in the mainstream media. Each year, as the local part of our Project Censored package, we cite the monopolization of the press story. We will follow the current version along in the Guardian and the Bruce blog. Send us your comments and evidence of Eurekas or Censored material. (See previous blogs)

The morning after by G.W. Schulz
While drunk on big newspaper purchases, Dean Singleton promised competitive papers and no layoffs. Now he’s swinging the ax, cutting deals with Hearst, and decimating local news coverage

Judge slams daily-paper chains by Tim Redmond
With a federal court ruling exposing a secret plan by Hearst and Singleton to join forces and end competition, the federal and state Justice Departments should intervene – and all records in the case should now be open

More on Singleton by G.W. Schulz

Read the judge’s decision
Judge Susan Illston’s ruling on Hearst-MediaNews collaboration

Turkey in the sky

0

› paulr@sfbg.com
Airline food was a rich lode of material for jokery — until there was no more airline food. In the wake of Sept. 11 and apparently as part of the airline industry’s determination to make air travel as uncivilized and distressing an experience as possible, meal services were replaced by the peddling — cash only, please, and exact change preferred — of boxed junk: cookies, crackers, Velveeta spread, and all of the other industrial, hyperprocessed, sclerosis-inducing unfood that has made America the land of the fat.
I was stunned, then, on a recent Hawaiian Airlines flight to Honolulu, to be presented with not only an actual meal — free! — but a choice of meals. A turkey croissant sandwich, a bag of chips, an oatmeal cookie: it wasn’t much, but it wasn’t bad, either, and I was beyond thankful to have it. Although flying is an ordeal at best, it is slightly less so when one’s stomach isn’t growling for hours on end and one isn’t constantly rummaging through one’s carry-on bag for a blackened banana or a fistful of Trader Joe’s dried cherries or salty pistachio nuts while wondering if one has enough cash to buy one of those $9 airport wraps when one lands, and how many unbearable moments hence will that be?
If food is civilization, in some basic way, what does that make the deliberate withholding of food from or the hawking of barely edible dreck to a captive and immiserated population? Insulting is one word that springs to mind; abusive is another. In recent years all of corporate America, not to mention the Bush government, seems to have been on a savage quest to find out just how much mistreatment the subject population would accept and how much said population would pay to be mistreated. And the answer seemed to be, on both counts, a lot, at least until the Nov. 7 elections, when the word Enough! at last rang across the land. Even I heard it, and I was in Hawaii, not at all hypoglycemic despite the five-hour flight and the usual where-is-the-luggage circus. A big aloha (sayonara version) to George and the gang back in DC, and an even bigger mahalo to the voters of America, who finally resisted the temptation to hit the snooze bar yet one more time.

Happiness science

0

› annalee@techsploitation.com
TECHSPLOITATION I took a five-question happiness quiz, and it turns out I’m very satisfied but not overly so. If I start feeling down, the quiz advised, I should look inside myself for answers.
No, I wasn’t reading Cosmopolitan or OKCupid.com. The quiz was part of a study by happiness researcher Ed Diener, a psychology professor at the University of Illinois.
Over the past couple of years, happiness has come into vogue as an object of study. Everybody from renowned British economist Richard Layard to philosophers and neuroscientists have been weighing in on what happiness is and how we can make more of it.
While neuroscience struggles to untangle the mystery of whether dopamine boosts our happiness and which parts of the brain are active when people report being happy, social science has an easy answer. Just ask.
Most studies of happiness are based on simple quizzes like Diener’s. Like many psychologists, Diener assumes that people will be honest when asked how happy they are and that they can gauge their own happiness levels. Because there’s no way to measure happiness objectively, most studies call self-reported happiness a form of “subjective well-being.”
It turns out that these subjective tests are quite revelatory.
Economist Layard published a book last year called Happiness in which he discusses one of the surprising results of these tests: money doesn’t make people happier. The only time people’s subjective well-being rises as a result of cash is when the money takes them out of poverty. Middle-class people who become upper-class, however, don’t report feeling any happier. In fact, happiness levels in the United States have remained steady since the 1950s, despite the fact that the nation itself has become much wealthier.
If money doesn’t make us happy, Layard argues, we should be rethinking our priorities. Most people value happiness above all else, but they live in nations where progress and social good are equated with money.
Why not value other things that might make us genuinely happy? After all, the Declaration of Independence promises that the government will safeguard its citizens’ “pursuit of happiness.” The problem is how to implement a pro-happiness policy.
You’d think there would be a lot of disagreement among scientists about what makes people happy, but in fact there are a few basic things everyone agrees lead to happiness. Strong, intimate relationships with others are integral to happiness, as is self-esteem in the face of setbacks. One of the big happiness killers turns out to be “keeping up with the Joneses,” or comparing yourself to other people who are somehow better off than you.
People with a strong sense of self are less likely to engage in this kind of comparing and are also more likely to be stable, which is another ingredient in happiness.
Philosopher Joel Kupperman points out in his recent book Six Myths about the Good Life that happiness isn’t always the nice thing it’s cracked up to be. There are clearly immoral kinds of happiness, such as enjoying murder. Then there’s the problem of mistaking pleasure for happiness. Pleasure is fleeting and based on objects outside us (like good food or a movie or winning the lottery). It doesn’t contribute to a sense of self-esteem. Taking pleasure in our hard-won accomplishments is more likely to lead to the good kind of happiness that builds self-reliance. One can even have too much happiness and never develop the emotional skills required to endure hardship or setbacks.
A healthy consciousness, Kupperman argues, isn’t entirely happy. Indeed, he says, good philosophy should make its readers unhappy because it forces them to confront their ethical and logical vulnerabilities.
I was relieved to read Kupperman’s criticism of happiness, because Layard and many of his cohorts seem to take it for granted that happiness is a good thing. And this leads them down the thorny path of inventing policies to maximize happiness, such as (in Layard’s case) preventing divorce, banning television, and handing out antidepressant drugs in even greater numbers than they are already.
It’s good to know that there’s a scientific basis to the truism that money can’t buy happiness. But trying to legislate how people make themselves happy is an ethical and scientific dead end. All we can do is grant everyone the freedom to find fulfillment and enough money to bring them the happiness created by a relief from poverty. The rest is just subjective. SFBG
Annalee Newitz is a surly media nerd whose happiness is bigger than yours.

What you can do

0

What: Free Josh Wolf!
When: Thursday, December 7th 2006, 7:30pm
Where: Balazo, 2183 Mission Street @18th, 415-255-7227

On December 7th, journalists, activists, and local leaders will come
together to call upon the United States Government to free independent
videographer and freelance journalist Josh Wolf. He is currently in
“coercive custody” at the Federal Detention Facility in Dublin, California.
He is not charged with any crime. Please join us for a night of music,
inspiring speakers, and action in support of Josh Wolf and to demand that
Congress pass a Federal Shield Law protecting journalists and freedom of the

press. $10 Suggested Donation. No one turned away for lack of funds. For
more information about Josh Wolf go to www.joshwolf.net. Contact:
andy.blue@yahoo.com.

To read Josh’s prison blog, click here

Free Josh Wolf Support Update
11/14/06

http://joshwolf.net/blog/
http://freejosh.pbwiki.com

*****************************
In this email:
1) Legal Update
2) Josh Wins Society of Professional Journalists’ Journalist of the Year
Award
3) Josh Wins 2 Vloggy Awards
4) New Flyers!
5) Josh Can Receive More Books
6) How Can I Support Josh?
*****************************

1)Legal Update

See story

*****************************

2) Josh Wins Society of Professional Journalists’ Journalist of the Year
Award http://www.spj.org/norcal/
http://www.indybay.org/newsitems/2006/11/10/18328773.php

“On Thursday, November 9th, Northern California Chapter of the Society
of Professional Journalists held their annual banquet. Of the many
honors that were bestowed on people, arguably the most prestigious,
Journalist of the Year, went to imprisoned video documentarian, Josh
Wolf, along with other grand jury subpoena resisters, San Francisco
Chronicle sports writers, Lance Williams and Mark Fainaru-Wada.

Wolf’s mother, teacher Liz Wolf-Spada, accepted the award on behalf of
her son. Wolf, who had been imprisoned, released and then
re-imprisoned, has served a total of 82 days in a federal penitentiary
for refusing to turn over his unedited video footage of a July 2005
San Francisco protest. From: Indybay.org

Read Josh’s Acceptance Speech: http://www.joshwolf.net/blog/?p=277

*****************************

3) Josh Wins 2 Vloggy Awards

Josh’s video, All Empires Must Fall, received the Judge’s Choice Award
for Most Controversial Video and the People’s Choice Award for Best
Male Vlogger.

Read Josh’s Acceptance Speech: http://www.joshwolf.net/blog/?p=273

*****************************

4) New Flyers!

Thanks to Njeri for making these awesome flyers!

You can download them here:
http://freejosh.pbwiki.com/f/joshwolf_flyer.pdf
And view them here: http://freejosh.pbwiki.com/Flyers%20and%20Graphics

*****************************

5) Josh Can Receive More Books

Josh is ready for more books! THANKS!
http://freejosh.pbwiki.com/Send%20Josh%20Books

Please consider sending a book to Josh while he is being held in
prison. It’s a great way to show your support for him!

Josh’s Book Wish List:
Days of War, Nights of Love – The Crimething Ex-Workers Collective Logic
and Contemporary Rhetoric – Howard Kahane

*****************************

5) How Can I Support Josh?

10 WAYS TO SUPPORT JOSH http://freejosh.pbwiki.com/Help%20Support%20Josh

There are lots of things we can all be doing to help Josh.

Here are the top 10 ways

1) SEND LETTERS and maintain correspondence with Josh while he is
incarcerated. We need to let Josh know that we are thinking of him and
supporting his courageous and important stand. Visit:
http://freejosh.pbwiki.com/Write%20Josh%20Letters for info on how to
send a letter to Josh. Please remember that all of Josh?s letters are
read by the prison authorities and it may take a while for your letter
to reach him.

2) SEND A BOOK to Josh. Find Josh’s book wish list and info on how to
get him a book visit: http://freejosh.pbwiki.com/Send%20Josh%20Books

3) READ HIS BLOG from prison. Josh’s blog is still being updated by
his family and friends. Letters from Josh will be posted as they are
received. http://joshwolf.net/blog/

4) DISTRIBUTE FLYERS about his case:
http://freejosh.pbwiki.com/Flyers%20and%20Graphics

5) DONATE to Josh’s support fund via Paypal:
http://joshwolf.net/grandjury/donate.html

6) PLAN BENEFIT CONCERTS AND EVENTS to raise money. There have been
several concerts and fundraisers thrown recently to support Josh. If
you are interested in hosting a concert or other type of fundraiser
please contact Josh’s support team at: freejosh(at)joshwolf.net so we
can assist you with publicizing your event.

7) JOIN AND PARTICIPATE in the Support Josh Wolf Email List:
http://lists.riseup.net/www/info/supportjoshwolf

8) PROMOTE JOSH’S CASE. Write letters and articles of support for Josh
to your local media. Blog about his case. Link to his blog and wiki.
Post “support Josh” banners on your blogs and webpages:
http://freejosh.pbwiki.com/Flyers%20and%20Graphics

9) SEND LETTERS to the other inmates who are being incarcerated along
with Josh at FCI Dublin. You can get their contact information at:
http://freejosh.pbwiki.com/Write%20Josh%20Letters

10) BECOME INVOLVED WITH THE SUPPORT TEAM. Email:
freejosh(at)joshwolf.net or the Email List if you are interested in
getting more involved. We still need people willing to help with tech
support, organizing, fundraising, graphic design, publicity, media and
legal support. Send an email to the support team indicating how you
would like to help and we will plug you in!

The new Iraq-war media offensive

0

The American media establishment has launched a major offensive against the option of withdrawing U.S. troops from Iraq.

In the latest media assault, right-wing outfits like Fox News and The Wall Street Journal editorial page are secondary. The heaviest firepower is now coming from the most valuable square inches of media real estate in the USA — the front page of The New York Times.

The present situation is grimly instructive for anyone who might wonder how the Vietnam War could continue for years while opinion polls showed that most Americans were against it. Now, in the wake of midterm elections widely seen as a rebuke to the Iraq war, powerful media institutions are feverishly spinning against a pullout of U.S. troops.

Under the headline “Get Out of Iraq Now? Not So Fast, Experts Say,” the Nov. 15 front page of the Times prominently featured a “Military Analysis” by Michael Gordon. The piece reported that — while some congressional Democrats are saying withdrawal of U.S. troops “should begin within four to six months” — “this argument is being challenged by a number of military officers, experts and former generals, including some who have been among the most vehement critics of the Bush administration’s Iraq policies.”

Reporter Gordon appeared hours later on Anderson Cooper’s CNN show, fully morphing into an unabashed pundit as he declared that withdrawal is “simply not realistic.” Sounding much like a Pentagon spokesman, Gordon went on to state in no uncertain terms that he opposes a pullout.

If a New York Times military-affairs reporter went on television to advocate for withdrawal of U.S. troops as unequivocally as Gordon advocated against any such withdrawal during his Nov. 15 appearance on
CNN, he or she would be quickly reprimanded — and probably would be taken off the beat — by the Times hierarchy. But the paper’s news department eagerly fosters reporting that internalizes and promotes the basic worldviews of the country’s national security state.

That’s how and why the Times front page was so hospitable to the work of Judith Miller during the lead-up to the invasion of Iraq. That’s how and why the Times is now so hospitable to the work of Michael Gordon.

At this point, categories like “vehement critics of the Bush administration’s Iraq policies” are virtually meaningless. The bulk of the media’s favorite “vehement critics” are opposed to reduction of U.S. involvement in the Iraq carnage, and some of them are now openly urging an increase in U.S. troop levels for the occupation.

These days, media coverage of U.S. policy in Iraq often seems to be little more than a remake of how mainstream news outlets portrayed Washington’s options during the war in Vietnam. Routine deference to inside-the-Beltway conventional wisdom has turned many prominent journalists into co-producers of a “Groundhog Day” sequel that insists the U.S. war effort must go on.

During the years since the fall of Saddam, countless news stories and commentaries have compared the ongoing disaster in Iraq to the
Vietnam War. But those comparisons have rarely illuminated the most troubling parallels between the U.S. media coverage of both wars.

Whether in 1968 or 2006, most of the Washington press corps has been at pains to portray withdrawal of U.S. troops as impractical and unrealistic.

Contrary to myths about media coverage of the Vietnam War, the
American press lagged way behind grassroots antiwar sentiment in seriously contemputf8g a U.S. pullout from Vietnam. The lag time amounted to several years — and meant the additional deaths of tens of thousands of Americans and perhaps 1 million more Vietnamese people.

A survey by the Boston Globe, conducted in February 1968, found that out of 39 major daily newspapers in the United States, not one had editorialized for withdrawing American troops from Vietnam. Today — despite the antiwar tilt of national opinion polls and the recent election — advocacy of a U.S. pullout from Iraq seems almost as scarce among modern-day media elites.

The standard media evasions amount to kicking the bloody can down the road. Careful statements about benchmarks and getting tough with the Baghdad government (as with the Saigon government) are markers for a national media discourse that dodges instead of enlivens debate.

Many journalists are retreading the notion that the pullout option is not a real option at all. And the Democrats who’ll soon be running
Congress, we’re told, wouldn’t — and shouldn’t — dare to go that far if they know what’s good for them.

Implicit in such media coverage is the idea that the real legitimacy for U.S. war policymaking rests with the president, not the Congress. When I ponder that assumption, I think about 42-year-old footage of the CBS program “Face the Nation.”

The show’s host on that 1964 telecast was the widely esteemed
journalist Peter Lisagor, who told his guest: “Senator, the Constitution gives to the president of the United States the sole
responsibility for the conduct of foreign policy.”

“Couldn’t be more wrong,” Sen. Wayne Morse broke in with his sandpapery voice. “You couldn’t make a more unsound legal statement than the one you have just made. This is the promulgation of an old fallacy that foreign policy belongs to the president of the United States. That’s nonsense.”

Lisagor was almost taunting as he asked, “To whom does it belong then, Senator?”

Morse did not miss a beat. “It belongs to the American people,” he shot back — and “I am pleading that the American people be given the facts about foreign policy.”

The journalist persisted: “You know, Senator, that the American people cannot formulate and execute foreign policy.”

Morse’s response was indignant: “Why do you say that? … I have complete faith in the ability of the American people to follow the facts if you’ll give them. And my charge against my government is, we’re not giving the American people the facts.”

Morse, the senior senator from Oregon, was passionate about the U.S. Constitution as well as international law. And, while rejecting the widely held notion that foreign policy belongs to the president, he spoke in unflinching terms about the Vietnam War. At a hearing of the Senate Foreign Relations Committee, on Feb. 27, 1968, Morse said that he did not “intend to put the blood of this war on my hands.”

And, prophetically, Morse added: “We’re going to become guilty, in my judgment, of being the greatest threat to the peace of the world.
It’s an ugly reality, and we Americans don’t like to face up to it.”

_____________________________

Norman Solomon’s latest book, “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death,” is out in paperback. For information, go to:www.warmadeeasy.com

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

1

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

The devil in the metadata

0

The Rules Committee of the Board of Supervisors is considering whether or not the city should allow its departments to release electronic documents that include metadata. Although the Sunshine Ordinance Task Force has already hashed over the minutiae of this issue and ruled that metadata can and should be released, the mystery enshrouding what it is, and the lack of any specific policy or known precedent in other cities or states with public records laws has pushed the discussion upstream to where a formal legislation has become a possibility.
Freedom of information purists are saying all the parts and pieces of a document are part of the public domain, while the City Attorney’s Office is claiming another layer of protection may be required.
Metadata entered the realm of public discussion in San Francisco after citizens started making requests of electronic documents with a specific plea for metadata. Activists Allen Grossman and Kimo Crossman wanted copies of, ironically enough, the city’s Sunshine Ordinance, in its original Microsoft Word format. Grossman and Crossman wanted to use the advantages of technology to follow the evolving amendments the Sunshine Ordinance Task Force members were considering for the city’s public records law. These “tracked changes” are a common function in Word, and are, technically, metadata.
When Clerk of the Board Gloria Young received these specific requests for Word documents, not knowing what this “metadata” was or what to do about it, she turned to the office of City Attorney Dennis Herrera for advice.
Deputy City Attorney Paul Zarefsky initially gave oral advice to Young, and when pressed by the Sunshine Ordinance Task Force, issued a five-page memo in response, arguing that release of documents with metadata could pave a path for hackers into the city’s computer system, render documents dangerously vulnerable to cut-and-paste manipulation, and invite another unwelcome burden of reviewing and redacting for city officials. Young followed his advice and proffered the requested documents as PDFs.
A PDF, or “portable document format,” is essentially a photograph of the real thing, and contains none of the metadata that exists a couple clicks of the mouse away in a Word document. Evolving changes can’t be tracked, and PDFs don’t have the same searchability that Word docs have. So PDFs of the Sunshine Ordinance that Young provided didn’t have the functions that Crossman and Grossman were looking for, and were utterly useless for their purposes.
“It’s 92 pages,” Grossman said of the PDF Sunshine Ordinance. “I can’t search it electronically if I want to find something. This document I received is of no use to me.”

Meta-what?
Before delving too deep into the intricacies of current city politics, let’s pause for a moment to note that you don’t need to be a Luddite to have no idea what metadata is. It sounds like some diminutive or ethereal version of the real thing. In a sense, it is.
Simply put, metadata is data about data, and grows with weed-like tenacity in the electronic flora of the twenty-first century. Common examples include the track an email took from an outbox to an inbox, details about the owner of a computer program, or the laptop on which a Word document has been typed.
Metadata becomes cause for concern when there is something to hide. Not readily visible, metadata requires a little sleuthing to reveal, but in the past it’s been used to uncover deeper truths about a situation. For example, attorney Jim Calloway relates on his Law Practice Tips blog a divorce case where custody of the child was called into question because of the content of emails sent from the mother to the father. The mother denied she’d sent the emails, though the father vehemently insisted she had. A court forensics investigation found metadata showing that, in reality, the father had written the emails and sent them to himself.
“Metadata speaks the truth,” Calloway writes. “My position has always been that a tool is a tool. Whether a tool is used for good or evil is the responsibility of the one who uses the tool.”
Lawyers have historically advised that metadata be fiercely protected. Jembaa Cole, in the Shidler Journal for Law, Commerce and Technology wrote, “There have been several instances in which seemingly innocuous metadata has wreaked professional and political havoc.”
Cole goes on to cite a gaffe from Tony Blair’s administration – a document about weapons of mass destruction was available on the government’s web site, which claimed the information was original and current. Metadata showed that, not only had the information been plagiarized from a student thesis, it was more than ten years old.
Cole urges lawyers to take an aggressive tack against revealing metadata, by educating offices about its existence, making a practice of “scrubbing” it from documents, and providing “clean” documents in PDF or paper form.
The city attorney’s office has taken a similar stance. Spokesperson Matt Dorsey told us metadata has been a part of the continuing education of the city attorney’s office. However, all past case law of which they are aware focuses on metadata in the context of discovery and “the conclusion of most state bars is that they have the obligation, under attorney-client privilege, to review metadata prior to discovery,” he said. “The issue of metadata is a relatively new one in legal circuits. It isn’t a brand new issue to us, but it is in the context of Sunshine,” said Dorsey, who maintains that metadata could still fall within the standard redaction policies of the public records act.
Terry Franke, who runs the open-government group Californian Aware, argues that “the city attorney needs to complete this sentence: ‘Allowing the public to see metadata in Word documents would be a detriment because…’ What?”
“From the beginning of this discussion the city attorney has never provided a plausible, practical, understandable explanation of what is the kind and degree of harm in allowing metadata to be examined that justifies stripping it out,” Francke said.

To the task force
When Grossman and Crossman were denied the documents as they’d requested them, they filed complaints with the Sunshine Ordinance Task Force. In their cases, first heard on Sep. 26, they argued there should be no concern that the text of Word documents could be manipulated – anybody with a gluestick and a pair of scissors could do that to any piece of paper. That had been a consideration when the Sunshine Ordinance was drafted, and why the city always retains the undisputable original.
Thomas Newton, of the California Newspapers and Publishers Alliance, who was involved in drafting the state’s public records law, agreed with them. “If you follow his logic, you can’t release a copy of any public record because, oh my God, someone might change it,” Newton told us.
Crossman and Grossman also pointed out that to convert documents from Word to PDF invites even more work to a task that should be as burden-free as possible. It’s a regular practice for the clerk of the board to maintain documents as PDFs because that preserves signatures and seals of ratified legislation, but to make it a policy of all departments could invite a landslide of work, printing out documents and converting them to PDFs – not to mention undermining the notion of conserving paper.
Also, translation software and the “screen reader” feature that a blind person might employ to “read” an electronic document, don’t work with PDFs.
First amendment lawyers also offered written opinions on the issue. “Some of the city’s arguments have no support in the law whatsoever,” wrote Francke. “The fundamental problem for the city is that it has no authority to legislate a new general exception of exemption from the CPRA (California Public Records Act), and that’s what’s being advanced here.”
“The city’s scofflaw position represents the status quo ante, the old law that used to allow an agency to provide a copy of computer data ‘in a form determined by the agency.’ The city’s position has been directly and completely repudiated by the legislature. If the city disagrees with the law, it should come to Sacramento and get a bill,” wrote Thomas Newton, general counsel for the California Newspaper Publishers Association (CNPA).
As for the hacker scare, Zac Multrux, an independent technology consultant was invited to the Sep. 26 hearing by task force member Bruce Wolfe to speak about the dangers of metadata. He suggested a number of technological tools that are available for purchase or are free online, that will “scrub” metadata from documents. He said that while it’s true that someone with ill intent could mess with metadata, “I think someone would need a whole lot more than the name of a computer” to hack into the city’s system. “Personally, I don’t see it as a significant security risk,” he said.
It was also pointed out at the hearing that a variety of city, state, and federal departments already make Word and Excel documents available. Wolfe did a quick online search and found more than 96,000 Word documents on the State of California web site. “They’re not afraid to make Word documents public online,” he said.
Over the course of two hearings the task force found no basis for Zarefsky’s claims in either the city’s law or the California Public Records Act – both of which explicitly state a document should be released in whatever format is requested, as long as the document is regularly stored in that format or does not require any additional work to provide.
The task force found Young in violation of the ordinance and she was told to make the documents available in Word format. No restrictions or rulings were made for future requests, but task force member Sue Cauthen said, “I think this whole case is a test case for how the city provides documents electronically.”

What’s next?
As requested, Young had the Sunshine Ordinance, in Word format, pulled from the city’s files and posted on a separate server outside of the city’s system to be viewed. Crossman, noting the added labor and resources for that provision, wondered if that would happen to all public records requested in Word format, so he cooked up another request to test his theory.
He asked for all the pending and accepted legislation for the month of September from the Board of Supervisors, in Word format.
While the Sunshine Ordinance Task Force had found that withholding documents because of metadata was against the law, redaction of privileged information is still legally necessary, and Young continued to follow the city attorney’s advice that a PDF with no metadata was still the safest, easiest way to comply. She told us, “I don’t take their advice lightly.”
Zarefsky’s opinion said departments “may” provide PDFs instead of Word documents and that “metadata may include a wide variety of information that the City has a right — and, in some cases a legal duty — to redact. Young’s office does have pending legislation in Word format, she says it does not fall within the expertise of her staff to review and redact the metadata in those documents because they didn’t author them. “Since we don’t create the documents, how could we ever know whether the metadata should be released? We don’t know what it is,” she told us. “We couldn’t even hire expertise that would know.”
“I can’t imagine there’s so much toxic stuff in Board of Supervisors records they can’t let out,” Grossman told us. “This is a whole mystery to me.”
“It’s just data,” says Crossman. “City employees created it on our dime. Unless it falls under redaction discretion, entire documents should be provided.”
Young took the issue to the legislators who do draft the legislation, asking the November 2 meeting of the Rules Committee for further policy consideration. Miriam Morley spoke on behalf of the city attorney’s office, and said there was a sound legal basis for providing documents as PDFs, but that this was an evolving area of the law that the city attorney’s office wasn’t aware of until about 9 months ago. They could find no other cities currently grappling with the issue, but she said, “Our conclusion is that a court would likely hold a right to withhold a document in Word.”
The committee decided to research the issue further before making a ruling. Committee chair Ross Mirkarimi said he had been integral to the drafting of the Sunshine ordinance, and to rush a decision could be detrimental.
“It seems to me in the spirit of the Sunshine law this is something we should really look at,” Tom Ammiano said. It’s currently at the call of the Chair of Rules and no date has been set for the Rules Committee to hear it again.
A policy in San Francisco could set a real precedent for public records law, but according to many first amendment lawyers, for the Board to do so would be a violation of state law. “I know of no other city, county, or subdivision of state government or state agency that’s disregarding the clear intention of the law as some elements of San Francisco city and county government are planning to do,” Newton told us.
“It’s a debate that can’t really occur outside of a proposal to change the state law,” he said. “The Board of Supervisors can’t pick and choose which law to comply with,” and he said the state’s constitution and public records act trumps the city, which is reading the law too narrowly. “They’re required to give a broad interpretation of this access law. If they don’t like it they should come to Sacramento and get a bill,” he said.
“I think a lot of city departments, and policy and advisory bodies can save themselves a lot of headaches by declaring as policy that they will provide documents in their original formats,” task force member Richard Knee said. “With metadata.”

The Business of Dirty Nukes

0

By Sarah Phelan
In the war on terror, even cats are suspect. Or at least their kitty litter is.
That’s because of trace amounts of uranium and other suspect stuff that apparently triggers alarms at ports worldwide
But now comes news of better technology–and bigger profits—in the war on terror.
Today, the Bay Area-based Veritainer unveiled equipment at the Port of Oakland which can, according to Veritainer CEO John Alioto, detect “dirty bombs” in shipping containers

Yes, we know that Oakland is a domestic port, and thus less likely to be the site of smuggled nukes, but the Veritainer folks say they are using Oakland as a test case.

No, that doesn’t mean they’ll be bringing in dirty bombs to Oakland so they can test their technology. Instead, they’ll be bringing in small sources of naturally occurring nuclear material, such as americium, which is found in smoke detectors (and was, ironically enough, named for the Americas).

“This is to protect ports around the world from the low probability but high impact of nuclear smuggling,” said Veritainer Chairman and CEO John Alioto, who plans to charge $20 per container to screen for dirty bombs, provided his company gets certified by the Department of Homeland Security in January 2007.

In other words, Veritainer stands to make oodles of bucks, given that Oakland handles 2 million containers a year, L.A. handles 6 million and Rotterdam handles 20 million. Add to that the fact that radiation screening is now required at international ports, thanks to the Safe Port Act which President Bush signed in October, and you get the picture.
Right now, according to John Alioto, the customer is the government, with the National Nuclear Safety Agency setting aside $2.5 billion to cover initial costs.

Alioto also told me that there’ll be no danger to port workers from this technology,
“The equipment is purely passive,” he said. “Unlike dentists’ X-ray equipment, this is passive, purely detective equipment. So, there’ll be no shooting of radiation at the waterfront!” (The International Longshoremen and local residents will be happy to hear that.)

“Unlike radiation portal monitors, which were called kitty litter detectors because they couldn’t differentiate between dangerous and non-dangerous sources, these devices can identify isotopes, and say, yes, it americium. At which point, port officials can check the ship’s manifest and see if it’s certified to carry smoke detectors. And eventually, the machine will be able to do manifest comparison itself, too.”
So, next year, if you’re riding a ferry to Jack London Square, chances are port officials will be monitoring radioactive levels at the port, 24/7. So, leave the kitty litter at home.

The new sunshine “problem”

0

EDITORIAL Matt Dorsey, who handles press for City Attorney Dennis Herrera, stopped by last week to talk to us about the barrage of public records requests that are coming in from one activist, Kimo Crossman, who is demanding so many records and so much information from so many departments that it’s costing the city big money.
The problem, Dorsey says, is a lot of the records that people like Crossman request (particularly if they have metadata, or hidden computerized information, embedded in them) have to be reviewed by a lawyer before they’re released to determine if any of the internal information might contain something confidential. The city typically accounts for its legal work at about $200 an hour — and already, Herrera’s office has spent hundreds of hours scouring records just to satisfy one aggressive gadfly whose sunshine activism is, we have to agree, sometimes rather scattershot. That’s a hefty taxpayer bill.
Dorsey’s done more for promoting open government than anyone who has ever worked for the Office of the San Francisco City Attorney, so we don’t dismiss his concerns. And we’ve said before and we’ll say again that the Sunshine Task Force needs to take up this issue, hold hearings, and make some policy recommendations.
Still, we had the same response we typically do when public records are at issue:
Why all the effort? Why the fuss? Just release the stuff. Give Crossman what he wants, and that will be the end of it.
Dorsey’s response: state law and state bar requirements mandate that attorneys, including municipal attorneys, carefully monitor all documents that might contain metadata and “at every peril to himself or herself” prevent any potentially confidential material from accidental release. “The lawyers in our office risk real penalties if they don’t carefully review every one of these requests, and that takes a lot of time,” Dorsey told us.
Well, if that’s a problem, the city and the state need to address it right now. Metadata is increasingly becoming part of government activities and will increasingly be part of public records requests by community activists. And there’s no reason that city employees, including city lawyers, should have to fear retribution if they make a good-faith effort to release information to the public.
Under state and local law everything the city government does is presumed to be public, unless it falls under one of a set of very narrowly defined exemptions.
But in San Francisco there’s been a culture of secrecy at City Hall that goes so far back and is so deeply inbred it’s hard to remove it from the political DNA. All sorts of deals are done behind closed doors. It’s considered perfectly acceptable to promise vendors bidding on public contracts that they can keep basic financial data secret. Every city official seems to think that every request needs legal review.
It’s ridiculous — and the supervisors, the mayor, and the city attorney should take some basic steps to end it.
For starters, the supervisors should pass a clear policy statement that says no city employee shall face any disciplinary action of any sort stemming from a good-faith effort to release information to the public. Herrera should tell his lawyers the same thing: nobody gets in trouble for handing out information.
Yes, there are sensitive documents, particularly in the City Attorney’s Office — but overall, the risk to the city of a mistaken release of confidential information is far, far lower than the risk (and the cost) of continuing this deep culture of confidentiality.
If that creates a problem with the state bar, Assemblymember Mark Leno should introduce a bill that eliminates any penalties or consequences for public agency lawyers who, in good faith, allow the release of public information that may unintentionally include confidential material.
Meanwhile, Crossman has a good idea: why not create a publicly accessible database that gets automatic copies of every document created at City Hall (unless there’s a damn good reason to mark it secret)? That way the busiest of the advocates can spend their time searching the files on their own, and the lawyers can go back to fighting Pacific Gas and Electric Co. SFBG

Journalists need to fight back

0

EDITORIAL At the annual awards dinner Nov. 9 of the Northern California Society of Professional Journalists, the mood was somber. One of the winners of the Journalist of the Year award, Josh Wolf, was behind bars for refusing to give unpublished material to the authorities. Two others, Lance Williams and Mark Fainaru-Wada of the San Francisco Chronicle, were only free pending appeal of a judge’s order that they go to jail unless they reveal the names of confidential sources.
On the eve of the dinner, the editor of the Los Angeles Times, Dean Baquet, had been fired for refusing to go along with drastic newsroom job cuts ordered by an out-of-town corporate headquarters. The event’s keynote speaker, Jerry Roberts, had been forced to leave his job as editor of the Santa Barbara News-Press after the multimillionaire publisher demanded that basic news reporting be squelched.
The buzz around the room was that more layoffs were coming at the Contra Costa Times and San Jose Mercury News, papers just recently purchased by Dean Singleton, who now owns every major daily in the Bay Area except for the San Francisco Chronicle (which is owned by Hearst, one of his business partners). And indeed, the CoCo Times announced the day after the dinner that it had cut jobs across the board and was outsourcing some production work to a firm with facilities in India.
Linda Jue, the president of the SPJ chapter, made a point in her opening remarks about the need for journalists to take a more active stance, to fight against the assault on freedom of the press and journalistic standards that’s happening across the country. She had exactly the right point — and local and national journalism groups need to wake up and start paying attention.
These are particularly ugly times — the amount of government secrecy, particularly at the federal level, is almost unprecedented. But there’s something else just as bad going on: consolidation of media ownership is destroying the profession of journalism. And that’s something that groups made of working journalists have to start addressing.
There are all sorts of ways to get started. The SPJ, both local and national, ought to formally request the federal Justice Department to overturn the deal that gave Singleton hegemony over the Bay Area market and should press for a full investigation into Hearst’s role in the deal. These organizations (including the big unions that represent newspaper workers) ought to be working with the likes of Media Alliance in demanding that the Federal Communications Commission tighten the rules on ownership of broadcast media. Publicly traded companies that own newspapers should face organized shareholder-resolution campaigns opposing debilitating newsroom cuts. They should look at ways to support San Francisco investor Clint Reilly in his lawsuit against the Singleton deal and should at the very least issue statements on it. They should send regular delegations to see Wolf in jail and should press Rep. Nancy Pelosi to demand a federal shield law — an end to the federalizaton of law enforcement investigations (which can land people like Wolf in jail).
Sure, the Internet is changing the face of the media industry, and there are all kinds of other challenges — but in the end, no matter what the publishing platform, there will always be a need in a democratic society for qualified professional reporters and editors. And those of us in that line of work need to stand up to make sure that big media chains demanding obscene corporate profits don’t suck the life out of American journalism. SFBG

The Santa Rosa Press Democrat/New York Times “censors” the annual Project Censored story. Why? Some impertinent questions for the Press Democrat

1

To the Santa Rosa Press Democrat:

This morning I got an email from Carl Jensen, the founder of Project Censored at your nearby Sonoma State University, complaining that the Press Democrat published an “irresponsible page one article” about Project Censored and its annual Sonoma State Conference. He and Peter Phillips, the current director of the project, have asked for answers to the questions they have raised about your coverage.

As the editor and publisher of the alternative paper that has for years proudly run the Project Censored story, and then sent it out for publication in alternative papers throughout the country, I would appreciate your response to their charges of omission and commission as noted below. And I also have some questions. I am sending them via the Bruce blog at our website sfbg.com to the reporter, and the editors and publsher of the Post Democrat.

I have been astounded through the years that the Press Democrat has never to my knowledge written up this annual story. And then, this year, instead of running a fair story on a major local story by a major local university on its 30th anniversary, I was further astounded to find that you go on the attack mode and pick out one story and use it to lambaste the project on the front page of the Press Democrat. I find it particularly galling that, after censoring the story for three decades or so, you finally do the story on the project’s 30th anniversary, a major journalistic and academic milestone. Bush. Real bush.

Some questions:

+Will you answer the questions raised by Jensen and Phillips in their notes to you? (Please send them also to me for publication in the Guardian and the Bruce blog.) Will you run the Phillips’ answer in an op ed?

+Why have you never run this story through the years? (If you have, I would appreciate knowing about it and would love to see copies.)

+Why this year, instead of running a fair account of a nationally recognized project in journalism, did you center on just one story, which was number l8 on the list, and left out a flood of stories on important issues. (See the Guardian Censored package link below). In fact, in our coverage, we did not even go down this far on the list and concentrated on the top l0 stories, which ranged from number one (“The Feds and the media muddy the debate over internet freedom” to number ten (“Expanded air war in Iraq kills more civilians”). We did synopses and comments on the other stories and cited the source. Why didn’t you at least do this and run a list of the stories, so people had a chance to judge the project for themselves, if you were going to do a hit attack and not a fair story? (We ran the entire list in our online package.) Why didn’t you at least say this was the project’s 30th anniversary and provide some history and context?

+Why didn’t you get comments from any of the distinguished Censored judges through the years or from any of its many supporters, including Ben Bagdikian, author of “The Media Monopoly” and former dean of the UC-Berkeley Graduate School of Journalism, and Noam Chomsky, and Robert McChesney, a prominent media critic and author, and many many others. Or from any of the alternative press that regularly runs the Censored story as one of its most widely read and highly respected issues of the year?

+Each year, Censored runs l0 stories that it considers Junk Food News. Doesn’t this story qualify as a top entry this year?

I would also appreciate it you would address the larger issue of “censorship” that this project, and many of us, try to address. As the only daily paper in the Bay Area not aligned with the emerging Singleton/Hearst regional monopoly, you have a special responsbility to report the news, not censor it and mangle as you do annually with this story.

This is particularly the case with the paper of Jayson Blair, Judith Miller, and the uncritical news stories and editorials that helped march us into Iraq and a deadly occupation. The “censored” Iraq stories, let me emphasize, were a major staple of Project Censored and the Guardian, and other alternative papers that ran Censored stories and took the anti-war side and condemned the preemptive invasion before and during the war and up to the present day.

Last impertinent question: has the Press Democrat/NY Times done a major local story on the impact of the Hearst/Singleton moves to destroy daily competition and impose regional monopoly in the
Bay Area (and the Clint Reilly/Joe Alioto suit to break up the unholy alliance)? If not, why not? If not, when will you start doing this kind of major local story and stop doing attack stories on major local projects such as Project Censored? Have you run the major Hearst scandal story on prescription drug pricing (from the Wall Street Journal, the Guardian, and previous Bruce blogs). This is a story, let me emphasize, that Singleton papers are also censoring as yet another example of the Hearst/Singleton mutual benefit society. Until you do this Hearst/Singleton story and pursue it properly, until you run the major Hearst scandal story, until you start doing fair and balanced stories on major local projects such as Project Censored, you have no business criticizing anybody on much of anything involving media criticism. Thanks very much.

Dear Colleague:

On October 4, the Press Democrat published an irresponsible page one article about Project Censored and a conference it held at SSU. The article, written by Paul Payne, appeared to be set up to attack Project Censored. He interviewed two well-known critics of the project before the conference took place. They didn’t even attend the conference to know what the speaker said.

In all my years in journalism, as a journalism professor, and as an advisor to the SSU STAR, Payne’s hit-piece definitely was one of the least objective articles I have ever read.

In the weeks following, the Press Democrat published just two letters concerning the ethics of Payne’s article leading readers to believe there was little public reaction. However, there were well over 100 comments submitted to the Press Democrat on line with the great majority castigating the PD.

Following is a letter Peter Phillips, director of Project Censored, wrote to Payne questioning his article Further, Phillips is submitting an op ed article to the PD this week, in hopes of letting the public know the truth about the conference and the speaker.

I thought you, as a journalist, should be aware of this unethical behavior by Payne and the Press Democrat.

Carl Jensen

Dear Paul Payne,

Staff Writer for the Press Democrat

October 6, 2007

Subject: There’s that other theory on 9/11: SSU hosts discredited academic who says U.S. could have planned attack.? Page 1 October 4, 2006 Press Democrat

Were we at the same lecture last? Friday night?? Somehow you missed reporting? Dr. Jones’? first 45 minutes on the?collapse speeds of building 7 and the Twin towers, which where the principle physics questions? presented that evening.??

Did you? tape the lecture, because nowhere can we find Dr. Jones making a statement that the US Government did it? He was quite clear in saying he doesn’t know who placed the thermite in the building,? if indeed that is what was used.

When you write that Jones’ theories have been discredited/condemned by other scholars and critics as groundless,? it would be nice to actually cite who is making these charges.? If you look on the 9/11 Scholars for Truth website you will find the names of over 2 dozen structural engineers, physicists, chemists, and other scientists who support his work . That sounds to us like a valid scientific dispute not a total or even partial discrediting.?

When we discuss journalism at the University we clearly talk about objectivity and balance as the hallmark of solid reporting. So we are wondering how the effort by you to present both sides of the issues was missed? Obviously, the quotes from the two well-known enemies of Project Censored were obtained before you came to the lecture, but why weren’t the numerous other professors present at the event or Project Censored people, or even Jones himself given the opportunity to respond to the critics???

The article was so one-sided and biased that we will be formally requesting to Pete Golis to provide space for a 700 word response sometime within the next two weeks.??

Disagreeing on scientific issues is one thing, slandering a visiting scholar is quite another.? I saw Dr. Jones’ face when he read your article.? He didn’t deserve such a mean-spirited slight. What a terrible thing to do to him personally.??

Dr. Jones spoke at the University of Colorado the? weekend before last and I have attached the Denver Post story for your review.? Perhaps this will assist you in understanding what balanced objectivity in news is about.

Peter Phillips

THERE’S THAT OTHER THEORY ON 9/11: SSU HOSTS DISCREDITED ACADEMIC WHO SAYS U.S. COULD HAVE PLANNED ATTACK

SFBG Project Censored

{Empty title}

0

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

0

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.

City hall’s new secrets

0

EDITORIAL Back in 1999 reporter Scott Rosenberg dug up a juicy little scoop for Salon: he found out that part of Microsoft’s annual report was written on an Apple computer. That caused the giant purveyor of Windows software (and Apple competitor) no small amount of embarrassment. And Rosenberg did this without any secret source or leaked records; he just looked at the metadata embedded in the files of public company documents.
Metadata is part of the new frontier of public-records law. It’s the stuff you can’t see that’s hidden in digital versions of, say, Microsoft Word documents. It shows what computer (and type of computer) created the document and often shows the revisions the document has gone through. It’s sort of an electronic history of what used to be something typed on paper — and as such, it’s extremely useful to researchers who want to follow what the government is doing.
It’s also, all too often, something that public officials want to hide. That’s the case in San Francisco, where Gloria Young, the clerk of the Board of Supervisors, has refused to release copies of the original Word versions of what are clearly public records. She wouldn’t, for example, give out a Word copy of the city’s Sunshine Ordinance.
That’s a mistake — and the Board of Supervisors needs to direct Young to change her policy.
Young isn’t refusing to release the records per se — she’s had them made into PDFs, the electronic equivalent of photocopies that don’t contain the embedded data. And she’s released those versions. The office of City Attorney Dennis Herrera concluded Sept. 19 that city officials have the right to withhold metadata and provide documents only in PDF format. The argument, contained in a six-page memo, goes more or less like this:
A Word version of a document can be edited and changed — and thus someone who requests a public record might alter it and then pass it off as a true version.
Besides, metadata might possibly contain privileged information (legal advice from an attorney). It might include early drafts of a document (which are exempt from disclosure but really shouldn’t be). And it might give somebody with evil intent the ability to hack into the city’s computer system and do a lot of damage.
In the end, deputy city attorney Paul Zarefsky argues, figuring out where there is and isn’t metadata and what it might include is a huge job that requires special skills and would be inordinately burdensome for city agencies.
The first argument is just silly. Sure, somebody could take a copy of a city record and alter it — but enterprising scammers have always been able to take real records and turn them into phonies. That’s why the city keeps the originals on file and releases only copies.
The rest of Zarefsky’s analysis is a bit more complex. But in the end the posture of the city is far too defensive. This is, after all, data that was produced by city employees on the taxpayers’ dime. And like just about everything else the city produces — with only narrow exceptions — it ought to be released to the public.
We don’t buy the argument that there are vast stores of deep secrets lurking in the metadata that might somehow damage the city’s interests. There may be a few specific cases in which documents have been reviewed by the City Attorney’s Office and might include confidential advice. But most of the material will simply show who created the document, how it was edited (and by whom), and how all of that relates to the final product. Like the Microsoft revelation, some of that might embarrass city hall — but that’s not an excuse to keep it secret.
Tom Newton, general counsel for the California Newspaper Publishers Association, noted in a Sept. 22 letter to the Sunshine Ordinance Task Force that the “CNPA is aware of no other state or local agency that has adopted this restrictive policy.”
Herrera’s office, interestingly, isn’t arguing that all metadata must be secret — the opinion only says that department employees have the ability to withhold it if they want to. That’s where the supervisors need to weigh in.
Young asked the Rules Committee on Nov. 2 for policy direction on the matter. The committee heard testimony and took the matter under advisement.
The chair, Sup. Ross Mirkarimi, should bring up the issue again at the next possible meeting, and the committee should direct Young — and all other city officials — to stop using metadata as an excuse to withhold documents. San Francisco ought to be taking the lead here and setting a policy precedent for cities across the state. SFBG
PS This is just one example of what seems to be a renewed war on sunshine at City Hall. The task force just had its budget cut and no longer has a full-time staffer assigned to it (although the Sunshine Ordinance mandates full-time staff assistance). The supervisors should make it clear that San Francisco isn’t going to slide backward into the old, dark days.

Pelosi’s perplexing pledge

0

› news@sfbg.com
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.

Tony rewards

0

› johnny@sfbg.com
FILM FESTIVAL After a week of stealth watching at the Vancouver International Film Festival, you wonder about odd things. Such as: what’s with the trend of naming movies after post-punk touchstones? Jia Zhangke probably started it with 2002’s Unknown Pleasures. In its wake came All Tomorrow’s Parties by Jia’s cinematographer Yu Lik-wai and the Smiths-inflected twist of Lee Yoon-Ki’s terrific This Charming Girl. The 25th annual VIFF brought So Yong-Kim’s In Between Days (title swiped from Cure single) and one of this year’s best movies, Pedro Costa’s Colossal Youth (English title courtesy of classic Young Marble Giants album). As Costa explained during a candid Q&A that included a pointed Hou Hsiao-hsien dismissal, his film’s extraordinary look and atmosphere derive from the fact that mirrors are its chief nonnatural light source.
A more perplexing minitrend might be the sudden return of ’80s MTV vixen Kim Wilde via art films — not as an actress but as set decoration or spectral presence. Wilde posters dominate the walls of the title character’s apartment in last year’s Cannes un Certain Regard winner The Death of Mr. Lazarescu, and this year a 45 by the “Kids in America” songstress becomes one of manic-depressive Romain Duris’s last lifelines in Dans Paris, Christophe Honoré’s vastly improved and new wave–inflected follow-up to his debut, the Georges Bataille adaptation Ma Mere. Though Duris’s walk on the Wilde side might not be the most convincing evidence, Dans Paris makes wonderfully inventive use of music.
I love Paris in the springtime, I love it in the fall, and for the most part I love ’Tis Autumn: The Search for Jackie Paris, Raymond de Felitta’s video mash note to the late, underknown jazz singer — a work of fan devotion that ultimately uncovers uncomfortable facts about its subject. Most of all, I love Vancouver when ’tis autumn, because it’s home to the most impassioned and inventive strains of commercial cinema, partly due to VIFF programming associate Mark Peranson, who edits the excellent journal Cinema Scope.
This year’s VIFF showcased the Slavoj Zizek–guided The Pervert’s Guide to Cinema, which places the psych theorist in lecture settings such as Melanie Daniels’s Bodega Bay Birds motorboat. Rarer treats included the North American premiere of Jacques Rivette’s 743(!)-minute new wave touchstone from 1973, Out 1: Noli Me Tangere. I caught most of it but missed a six-hour excerpt of Stan Douglas’s endlessly variable new installation, Klatsassin — to my regret, since one of Douglas’s previous projects warps Dario Argento’s Suspiria and this latest connects North American Indian history to a score by the excellent Berlin electronic dubster duo Rhythm and Sound.
If such disparate ingredients can have a bond, then so can Wolfgang Amadeus Mozart and Tsai Ming-liang, to name just one of the better-known directors commissioned to make movies for the “New Crowned Hope” film series in honor of the composer’s 250th birthday. Tsai’s I Don’t Want to Sleep Alone is his first feature set in his birth country of Malaysia, but its near-silent strains of lovelorn pathos and comedy fit alongside past works. The movies made thus far for “New Crowned Hope” are uniformly and individually superb. A case could be made that Garin Nugroho’s Opera Jawa — in which powerful waves of sound might even be overshadowed by gorgeous costume and set design — is the best. That is, if one discounts Syndromes and a Century, the latest miracle by Apichatpong “Joe” Weerasethakul — an improvement on Tropical Malady that condenses all the director’s unique gifts into a fine mist.
Apichatpong was on the jury for this year’s Dragons and Tigers Award for Young Cinema, a prize that thanks to programmer Tony Rayns has helped make the name of directors such as Jia — primarily because Rayns’s trailblazing broader Dragons and Tigers selections have introduced Miike Takashi, Bong Joon-ho, and others to North American audiences. This was Rayns’s last year in his current capacity at VIFF, where he’s offered a peerless example of what a festival programmer can do for filmmakers and filmmaking. Through happenstance on my last night at the fest, I wound up at a spontaneous Rayns-thrown dinner that included documentarian Amir Muhammad (who has a way with a wickedly funny Keyser Söze punch line) and the respective directors of what would soon be the Dragons and Tigers winner, Todo Todo Teros, and honorable mention Faceless Things. That the meal took place immediately after the genuinely scatological latter film — a provocation that moves postteen Kim Kyong-Mook beyond the Sadie Benning–of–South Korea realm of his earlier short Me and Doll Playing — was just one of the reasons it was memorable.
I wound up seated next to Todo Todo Teros director John Torres and his friend — as well as one of the first faces glimpsed in his movie — Alexis Tioseco, who oversees the outstanding Web site criticine.com. Tioseco’s site currently features a poignant Paris diary by the talented young filmmaker Raya Martin, whose A Short Film about the Indio-Nacional (or the Prolonged Sorrow of Filipinos) hints at Apichatpong-level brilliance and is at the vanguard of a new Filipino cinema powered by friendship and inspiration rather than the country’s film industry or government funds. It was a pleasure and in some ways a revelation to talk movies with the Andrei Tarkovsky–loving Tioseco, who likes to kid Torres, though he’s perceptively respectful of his friend’s filmmaking efforts in a current Criticine interview. The reward of such a meeting wouldn’t be possible without Rayns — here’s hoping whoever takes the VIFF reins will follow his example. SFBG
For more extensive reports on this year’s Vancouver International Film Festival, go to the Pixel Vision blog at www.sfbg.com/pixel_vision.

EDITOR’S NOTES

0

› tredmond@sfbg.com
There’s a certain brilliance to the Proposition 90 campaign, perhaps more than the right-wing ideologues who conjured this up even realize. The measure raises a profound, powerful question — and judging from some of the unlikely supporters of this horrible plan, the answer isn’t pleasant.
As we report in this issue (page 20), most people wouldn’t support the measure if they really understood what it meant (no more zoning, no more rent control, no more environmental laws, etc.) But for a lot of Californians and some San Franciscans in places like Bayview–Hunters Point, the real question seems to go like this: do you trust the government to protect you from the private sector — or do you see the government as such a problem, such a threat, so historically untrustworthy that you’ll take your chances with unregulated capitalism?
There are good people, well-meaning people, who are taking the wrong side on this one with potentially terrible consequences, and it’s largely, I think, because they don’t see the public sector as their friend.
I understand how anyone who’s fought redevelopment in the past 40 years can feel that way. Just about everything the San Francisco Redevelopment Agency did in this city, particularly in African American neighborhoods, has been a total disaster. Black support for Prop. 90 is the legacy of generations of corrupt urban politics.
The problem is that Prop. 90, which allows private developers to operate without regulation in urban areas, will be even more of a disaster. And if it passes, it won’t just be Republicans who vote for it. I hope I’m not the only one who finds this deeply frightening. SFBG

The Destroy California Initiative

0

› sarah@sfbg.com
If you knew there was an initiative on the ballot that would make it impossible for government to protect the environment, build affordable housing, raise minimum wages, and mandate health care, you’d vote no on it, right?
Especially if you knew this measure would force taxpayers to spend billions to prevent developers and private property owners from doing things that harm neighborhoods, communities, and the environment.
So why is Proposition 90, which does all this and more, still leading in the polls?
It’s all about fear — and the ability of one wealthy real estate investor from New York City to fund a misleading campaign that exploits legitimate concerns about eminent domain.
Eminent domain is the legal procedure that allows the government to take over private property. It’s been used traditionally to build roads, rail lines, schools, hospitals, and the like. But it’s also been used — abused, many would say — to condemn private homes and turn the land over to developers for more lucrative projects. And after the US Supreme Court ruled in 2005 that doing so was OK, it was easy for property-rights types to whip those fears into a frenzy.
New York Libertarian and real estate investor Howie Rich, who hates government regulation, used the court decision to saddle up a herd of Trojan horses with eminent domain, stuffing the poison pills of “highest best use” and “regulatory takings” deep in their saddlebags, slapping their rumps with wads of cash, and sending them into California, Arizona, Idaho, Montana, Nevada, Oklahoma, and Washington.
Here in California, Rich’s millions went in large part toward paying petitioners a buck per signature to qualify Prop. 90 for the ballot. The pitch was stopping eminent domain — but there was little mention of the extreme provisions contained within the measure’s fine print that if passed, will mean more lawyers and fewer herons and hard hats.
For starters Prop. 90 changes the rules for calcuutf8g how much the government has to pay property owners when it takes their land. The new rules would dramatically increase the price of infrastructure and public works projects like building roads and levees, as well as purchasing open space and preserving habitats and endangered species.
Worse, Prop. 90’s language changes the valuation of regulatory takings. That’s legal mumbo jumbo, but what it amounts to is this: whenever the government takes actions that aren’t explicitly for the protection of people’s health and safety — like establishing rent control, minimum wages, and agricultural easements — property owners can claim that the value of their holdings was decreased. (Protecting an endangered species, for example, might prevent some parcels from being developed.) Under Prop. 90 those landowners can file claims of “substantial economic loss” — and put the taxpayers on the hook for billions (see “Proposition 90 Isn’t about Eminent Domain,” page 22).
THE ICE AGE COMETH
Prop. 90 opponents predict that if the measure passes, its effects will be disastrous, wide-ranging, and immediate.
Bill Allayaud, state legislative director for the Sierra Club, told us it was Prop. 90’s “regulatory takings” clause that led to unprecedented opposition after individuals and groups analyzed the measure’s fine print.
“One little paragraph activated a coalition like we’ve never seen in California history,” Allayaud says.
Prop. 90 flushes away a century of land use and community planning, including regulations and ordinances that protect coastal access, preserve historic buildings, limit the use of private airspace, establish inclusionary housing, and save parks. In short, Prop. 90 destroys everything that makes California a decent place to live.
Over at the California Coastal Commission, executive director Peter Douglas frets that his agency will no longer be able to carry out its mandate to protect the coast.
“Every decision the Coastal Commission makes where we approve projects but impose conditions to protect neighborhoods and communities will be subject to claims,” Douglas says.
“Sensitive environments like the San Francisco Bay and Lake Tahoe will be exposed, along with residential neighborhoods, ag lands, and public parklands. And it will erode the state’s ability to protect against new offshore oil drilling, new liquid natural gas terminals, harmful ocean energy projects like offshore wind turbines and wave energy machines and make it impossible to set aside essential marine reserves to restore marine life and fisheries.”
Members of the California Chamber of Commerce oppose Prop. 90 because it will make it more complicated and costly to build new infrastructure like freeway lanes, sewer lines, levees, and utility sites.
President Allan Zaremberg observes, “At a time when California is trying to finally address the huge backlog of needed roads, schools, and flood protection–water delivery systems, the massive new costs of Prop. 90 would destroy our efforts to improve infrastructure.”
Among government agencies the outlook is equally bleak. Unlike Oregon’s Measure 37, which passed in 2004 and has already led to over $5 billion in claims, Prop. 90 isn’t limited to private land but extends to private economic interests. This wide-ranging scope means that it’ll be almost impossible for government to regulate business without facing claims of “substantial economic loss,” making it prohibitive to protect consumers, establish mandatory health care coverage, or raise minimum wages.
San Francisco city attorney Dennis Herrera told the Guardian, “If Prop. 90 passes, we might as well get out of the business of local government.”
BACK TO THE FUTURE
Asked what California would look like if Prop. 90 had been law for a decade, Gary Patton, executive director of the Planning and Conservation League, paints a sprawl-filled picture.
“All the project proposals that weren’t built would have been, open space and parks wouldn’t have been preserved, almost every public works project would have been affected, and things wouldn’t have been constructed, because there would have been no money because the cost of everything would have gone up.”
Currently, the cost of a piece of land is valued by the market. Under Prop. 90 land would be valued by what it might be used for.
“For instance, a piece of land alongside a highway could one day be developed into a subdivision,” Patton explains. “So that’s the price it would have to be bought at. So unless taxes are raised, Prop. 90’s passage would mean that California would be able to do less. Traffic would be worse. The affordable housing crisis would intensify. Fewer swimming pools and civic centers would be built. Everything that’s done through spending dollars collectively would cost more.”
Within the Bay Area individual communities have chosen to adopt urban growth boundaries, but if Prop. 90 was already in place, Patton says, many environmental and community protection projects wouldn’t have happened.
“Where now we have more focused growth, which is economically and socially as well as environmentally beneficial, there’d be lots more sprawl,” Patton explains. “We’d be a lot more like Fresno and Bakersfield and San Bernardino and Los Angeles. The Bay Area is a place where more people have got together and made sure their communities did things that have been beneficial.”
As for restoring Golden Gate’s Crissy Field or the South Bay Salt Ponds or preserving bird and wildlife sanctuaries, forget about it.
“We’d be more like Houston. Prop. 90 says unless you can pay me for not developing this land, then one day I’m gonna be able to develop it,” Patton says.
A LAWYER’S WET DREAM
Mary Ann O’Malley, a fiscal and policy analyst at the state’s Legislative Analyst’s Office, helped write the legislative analysis for Prop. 90 and as such is familiar with the measure’s far-reaching but more obscure provisions.
“Governments will be required to sell land back to its original owner if they stop using the land for the purpose stated when it took the property in the first place,” O’Malley explains. “And government won’t be able to condemn property to build on another property for the purpose of increasing local government’s tax revenues, but it could do so to build roads and schools.”
As for how the “regulatory takings” section of Prop. 90 affects government’s ability to protect the environment, O’Malley says local governments frequently impose case by case mitigation requirements to uphold the Endangered Species Act, telling a developer where it can build.
“If this is simply an enforcement procedure required by the Endangered Species Act, then it probably would not be viewed as a compensatory act, but if it’s an independent local project decision, it might fall within Prop. 90’s purview.”
Although Prop. 90 supporters say it won’t affect existing laws, Douglas says it’s simplistic to believe that current zoning won’t be superceded.
“Zoning plans aren’t exclusive. They may allow ancillary uses with government’s approval. For instance, you can build additional housing and wineries on ag land, but sometimes these uses are totally incompatible with the area. At which point local government steps in and says, ‘Oh no you don’t.’ But under Prop. 90 government is vulnerable to claims.
“Taxpayers are gonna be stuck with a multibillion-dollar bill. It should be called the ‘Destroy California Initiative.’” SFBG
Read about the Proposition 90 money trail and the truth behind the campaign’s stories at www.sfbg.com.

The Prop. 90 money trail

0

Prop. 90’s moneyed backers are battle-scarred veterans of an ongoing movement across the United States to foist right-wing ballot measures onto voters at the state level using gobs of money from a handful of enormously wealthy libertarian ideologues.
The largest contributors have links to the infamous anti-tax zealot Grover Norquist who once famously vowed to cut government in half and “get it down to the size where we can drown it in the bathtub.”
As of late September, the pro-Prop. 90 Protect Our Homes Coalition had spent $3.4 million on its campaign, most of the expenditures covering campaign literature, phone banks and petition circulators. Nearly half of the money — $1.5 million — came from a group known as the Fund for Democracy, which was founded by a wealthy New York libertarian activist and real-estate investor named Howie Rich. The advocacy group has bankrolled anti-government ballot measures across the United States including a handful aimed at capping annual spending for state governments.
That effort began in Colorado with the so-called Taxpayer’s Bill of Rights, a voter insurrection similar to California’s Proposition 13. Colorado’s TABOR, as it’s also known, allows for the state’s government to generate revenue equal only to the previous year’s budget plus the inflation rate. TABOR so badly crippled Colorado after it was passed in 1992 that it left the state’s health care and education infrastructures gasping for air, and Colorado voters temporarily put it on hold last year as a result. But that didn’t slow down Rich and others, who attempted to introduce TABOR-like initiatives elsewhere.
The other large contribution of $1 million to the Prop. 90 campaign came from the Illinois-based Americans for Limited Government. ALG helped fund an attempt to impose revenue caps on Oklahoma lawmakers last year, but that was shot down after a company hired by the group Oklahomans in Action to gather signatures was caught illegally bussing in petition circulators from out of state.
So far, Protect Our Homes has spent a whopping $1.8 million just to circulate petitions in California and tens of thousands more on campaign consultants, according to state records.
Large contributions to Protect Our Homes also came from the ALG-supported group Montanans in Action ($600,000), the Illinois-based and pro-TABOR Club for Growth State Action ($220,000) and Colorado at its Best ($50,000). Most of the large contributors have some sort of link to Howie Rich. The San Francisco Chronicle concluded early last month that some of Rich’s political groups have received money from Norquist in the past.
Advocacy groups are legally permitted to spend as much as they like on ballot initiatives in California.