spying

Spies in blue

Andrew Lam
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19
Spies in blue

sarah@sfbg.com

San Francisco cops assigned to the FBI’s terrorism task force can ignore local police orders and California privacy laws to spy on people without any evidence of a crime.

That’s what a recently released memo appears to say — and it has sent shockwaves through the civil liberties community.

It also has members of the S.F. Police Commission asking why a carefully crafted set of rules on intelligence gathering, approved in the wake of police spy scandals in the 1990s, were bypassed without the knowledge or consent of the commission.

“It’s a bombshell,” said John Crew, a long-time police practices expert with the American Civil Liberties Union of Northern California.

The ACLU obtained the document April 4 under the California Public Records Act after a long battle. It’s a 2007 memorandum of understanding outlining the terms of an agreement between the city and the FBI for San Francisco’s participation in the Joint Terrorism Task Force.

And, according to Crew, it effectively puts local officers under the control of the FBI. “That means Police Commission policies do not apply,” Crew said. “It allows San Francisco police to circumvent local intelligence-gathering policies and follow more permissive federal rules.”

Veena Dubal, a staff attorney at the Asian Law Caucus, agreed: “This MOU confirms our worst fears,” she said.

Dubal noted that in the waning months of the Bush administration, the FBI changed its policies to allow federal authorities to collect intelligence on a person even if the subject is not suspected of a crime. The FBI is now allowed to spy on Americans who have done nothing wrong — and who may be engaged in activities protected by the First Amendment.

FBI activity under this new “assessment” category has since come under fire, and a recent report in The New York Times showed that the FBI has conducted thousands of assessments each month, and that these guidelines continue under Obama.

And if the feds do control San Francisco police policy, then the San Francisco cops could be spying on innocent people — a dramatic change from longstanding city policy. “The MOU is disturbing,” Police Commission member Petra DeJesus told the Guardian. “The department is assuring us that local policies are not being violated — but it looks as if it’s subject to interpretation.”

It’s the latest sign of a dangerous trend: San Francisco cops are working closely with the feds, often in ways that run counter to city policy.

And it raises a far-reaching question: With a district attorney who used to be police chief, a civilian commission that isn’t getting a straight story from the cops, and a climate of secrecy over San Francisco’s intimate relations with outside agencies, who is watching the cops?

 

SPIES LIKE US

San Francisco has a long — and ugly — history of police surveillance on political groups. SFPD officers spied on law-abiding organizations during the 1984 Democratic National Convention; kept files in the 1980s on 100 Bay Area civil, labor, and special interest groups; and carried out undercover surveillance of political groups focused on El Salvador and Central America.

Those abuses led the Police Commission to develop a departmental general order in 1990 known as DGO 8.10. The local intelligence guidelines require “articulable and reasonable suspicion” before SFPD officers are allowed to collect information on anyone.

Even those rules weren’t enough to halt the spies in blue. In 1993, police inspector Tom Gerard was caught spying on political groups — particularly Arab American and anti-apartheid organizations and groups Gerard described as “pinko” — and selling that information to agents for the Anti-Defamation League.

As the ACLU and Asian Law Caucus noted in a December 2010 letter to Cdr. Daniel Mahoney: “That scandal was not just about the fact that peaceful organizations and individuals were being unlawfully spied upon and their private information sold to foreign governments, but that the guidelines adopted in 1990 had never been fully implemented by SFPD. No officers had been trained on the new guidelines and no meaningful audit had ever been implemented.”

Over the years, the commission has tried to keep tabs on police intelligence and prevent more spy scandals. The general order mandates that local police officials have to request general authority from a commanding officer and the chief to investigate any activity that comes under First Amendment protections — and must specify in the request what the facts are that give rise to this suspicion of criminal activity. The order also states that the chief can’t approve any request that doesn’t include evidence of possible criminal activity.

Those requests are reviewed monthly by the Police Commission and there are annual audits of the SFPD files to monitor compliance — so the notion that the local cops are joining the FBI spy squad without commission oversight is more than a little disturbing.

Officials with the FBI and SFPD are doing their best to reassure the local community that there’s nothing to worry about. But so far their replies seem to duck questions about whether FBI guidelines trump local policies. For example, the MOU states that “when there is a conflict, [task force members] are held to the standard that provides the greatest organizational benefit.”

We asked Mahoney to clarify: does that mean the local cops could be held to the FBI’s standards?

“The San Francisco Police Officer(s) who are assigned to the Joint Terrorism Task Force always have and continue to be required to follow all SFPD’s policies and procedures,” Mahoney replied in a statement.

That’s confusing; do they follow SFPD policies, or obey the MOU?

We asked FBI special agent-in-charge Stephanie Douglas whether SFPD officers are involved in surveillance and “assessments” (that FBI code word for creating spy files on individuals and groups) and whether they are identifying as SFPD or FBI officers.

“The FBI only initiates investigations on allegations of criminal wrongdoing or threats to our national security,” Douglas replied April 21. “Our investigations are conducted in compliance with the Constitution, the laws of the United States, the Attorney General Guidelines, the Domestic Investigation and Operations Guide, and all other FBI policies.”

Okay, that’s typical FBI-speak. Here’s more: “The JTTF is a task force comprised of FBI special agents, agents from other federal agencies, and local police officers who have been officially deputized as federal task force officers (TFOs) who have the power and authority of a federal agent. Because all JTTF TFOs are actually de facto federal agents, they are required to operate under federal laws and policies when involved in a JTTF case.”

So the cops are actually feds. But wait: “Our standard JTTF MOU recognizes, however, that the JTTF TFOs do wear two hats, as it were, and directs JTTF TFOs to follow his or her own agency’s policy when it is stricter than the FBI policy under certain circumstances,” Douglas concluded.

Again: not exactly clear, and not exactly reassuring.

“At some point they need to say whether SFPD officers are engaged in assessments,” Crew said.

These questions have spurred the Police Commission and Human Rights Commission to schedule a joint hearing in May to discuss what the document means, why SFPD never alerted the civilian oversight authorities, and whether a clarifying addendum can be tacked onto the agreement.

 

SPY FOR US OR LEAVE

The concerns are likely to be intensified by recent developments in Portland, Ore.

Portland dropped out of the Joint Terrorism Task Force in 2005 over concerns that local cops would be violating privacy laws. But in November 2010, the FBI thwarted a bomb plot allegedly linked to terrorists, and city officials came under pressure to rejoin the JTTF.

But Mayor Sam Adams has insisted on language that would bar local cops from doing surveillance and assessments, which, apparently, won’t fly with the feds.

On April 20, Willamette Week, the Portland alternative paper, wrote that Adams “effectively scuttled” Portland’s reentry into its local JTTF because of his anti-spying language.

In an April 19 letter to Adams, U.S. Attorney for Oregon Dwight Holton stated that Adams’ proposal of only allowing officers with the Portland Police Bureau to be involved in investigations and not in FBI assessments was a deal-breaker.

“Unfortunately, as currently drafted, the proposed resolution does not provide a way in which the PPB can rejoin the team,” Holton wrote. “There is a single provision that stands as a roadblock to participation — specifically the provision that seeks to have the City Council delineate only certain investigative steps a task force officer can take part in. Specifically, the resolution seeks to dictate for the JTTF which stages of an investigation task force officers from the [Portland police] can work on.”

“Investigation and prevention of complex crimes and terrorism are typically fluid and fast-moving,” he added. “It makes no sense to ask [Portland police] officers to be in for one part of a conversation, but out for another part of the same conversation as investigators discuss findings from assessments, investigations, etc. in evaluating and addressing terrorist threats in Portland and beyond.”

The message isn’t lost on San Francisco civil liberties activists. If you don’t let your cops join the spy squad, they can’t be a part of the task force.

“It was one thing to join the JTTF 10 years ago when they were operating under guidelines that, while not to the ALCU’s taste, were at least tied to some level of suspicion,” Adams said. “But they have taken their procedures and guidelines and moved them to the far right. It’s one thing to say that it’s necessary for the FBI to do that, and quite another to say that local agencies have to forfeit their own policies — and with no public debate or decision-making.”

 

ASK THE FEDS FIRST

Further complicating the question of police oversight is the fact that George Gascón, who was police chief when civil liberties groups started asking for a copy of the MOU last fall, refused to turn over the document without asking the feds first.

In a Jan. 4 letter to the ACLU and ALC, Gascón and Mahoney stated that the SFPD could not speak to information about the duties, functions, and numbers of officers assigned to the Joint Terrorism Task Force “without conferring with our partners in the Federal Bureau of Investigation.”

“I am sure you can appreciate the delicate balance we hold in crafting policy that not only supports our mission in the ultimate protection of life, but also in advancing democratic values through collaboration with the communities we serve,” Gascón and Mahoney wrote.

And Gascón is now district attorney.

“It raises the question of accountability,” said Public Defender Jeff Adachi “We want to make sure that police officers working in the city, regardless of whether it be for the feds or the SFPD, are complying with general orders and policies established by the department. But when officers go on an assignment with the feds, we don’t know if they are operating under parameters set by local law.”

Unearthing the FBI’s hitherto clandestine MOU with the SFPD appears to be yet another sign that local police are increasingly being subjected to federal policies not in keeping with local procedures.

As the Guardian previously reported, the 2008 decimation of San Francisco’s sanctuary city legislation and the 2010 activation of the federal government’s controversial Secure Communities program, which both happened during former Mayor Gavin Newsom’s tenure, means that the city of St. Francis now ranks among the top 38 counties nationwide that are deporting “noncriminal aliens.”

Dubal also noted that the FBI came to the SFPD in 1996 asking for help with the task force, but also sought a waiver from the Police Commission so officers could participate without having to follow local rules. “And within two weeks, then Mayor Willie Brown said, not in our town,” Dubal said. “So in 1997, the SFPD said we are not going to join unless we can follow our own rules. And in 2001, when the SFPD joined, it was under an MOU that required them to comply with SFPD rules and was signed in 2002 by then-SFPD Chief [Earl] Saunders.”

Dubal said that after local law enforcement agencies sign an MOU with the FBI, they designate and assign officers to work from FBI headquarters. “In the past, two SFPD officers, paid with San Francisco tax dollars, physically worked in the FBI’s office in a secure room where you can only go if you have security clearance. But they still can’t spy without reasonable suspicion, and they also need audits.”

Crew and Dubal said that in a recent meeting, SFPD officials assured them that local police were following General Order 8.10, but that they are open to creating an MOU addendum to clarify this.

Crew and Dubal remain unsure if the FBI would be agreeable to signing off on that. They note that the FBI has previously stated that its JTTF has sensitive investigations going on so it can’t give the public all the information. “Fine, but the issue is, Are these investigations based on suspicion, or are they based on religious background, associations, ethnicity, and travel patterns?” Dubal said.

They also doubt that the MOU would even have surfaced if not for comments that then SFPD Chief Gascón made, first in October 2009, then in March 2010, that triggered an uproar in the local Muslim, Arab, and Pakistani and Afghani communities.

At the time, Gascón, who has a law degree and graduated from the FBI Academy, had just landed in San Francisco fresh from a stint as police chief for Meza, Ariz., where he drew praise for speaking out against Maricopa County Sheriff Joe Arpaio’s inhumane treatment of undocumented immigrants Given this seemingly progressive stance, Gascón shocked civil libertarians in San Francisco when he said he wanted to unearth SFPD’s intelligence unit, which was disbanded amid scandal in the early 1990s.

“We have to realize that in the post-9/11 world, San Francisco is an iconic city, like New York, Washington. and Los Angeles,” Gascón said. “If somebody wanted to make a big statement about something they disliked about America, doing it here would definitely get attention. We need to know what is going on under the surface of the city.”

But Gascón did not say how a revived police spy unit, which had been shut down in large part due to Crew’s work, would operate. And six months later, he upset Bay Area Muslims during a March 2010 breakfast by reportedly saying that the Hall of Justice building was not just susceptible to earthquakes, but also to an attack by members of the city’s Middle Eastern community who could park a van in front of it and blow it up.

Gascón subsequently claimed that he “never referred to Middle Easterners or Arab Americans,” but that he had instead singled out the Afghanistan and Yemen communities because they pose “potential terrorism risks”

“In light of Gascón’s comments and his desire to resurrect the intelligence unit, people were asking, ‘Is it possible that the SFPD is also doing the same thing?'” Dubal asked, noting that she started getting complaints in 2009 and throughout 2010 about the FBI.

“Folks were saying that the FBI was asking about their religious identity, their family situation, and their political activities,” she recalled. “I certainly saw an upswing in innocent people being contacted. People were saying, ‘What the hell? — the FBI knocked on my door at 5 a.m.'”

 

COMMUNITIES UNDER SIEGE

A 2011 Human Rights Commission report documents frequent complaints from Arab, Muslim, and South Asian communities facing racial and religious profiling while traveling and unwaraanted interrogation, surveillance, and infiltration by local and federal law enforcement personnel at their homes, places of worship, and workplaces.

The report recommended asking the supervisors and the Police Commission to “ensure that all SFPD officers, including those deputized to the Joint Terrorism Task Force, follow and comply with local and state privacy laws, including DGO 8.10.”

On April 5, the Board of Supervisors voted 10-0 to approve a resolution, sponsored by Sup. Ross Mirkarimi and cosponsored by Sups David Chiu, Eric Mar, David Campos, and John Avalos, to endorse the HRC report.

All this is happening against the backdrop of FBI guidelines that have been loosened twice since September 2011, first by U.S. Attorney General John Ashcroft in the wake of the 9/11 terrorist attacks, then by Attorney General Michael Mukasey in the dying days of the Bush administration, and now by the Obama administration.

And as The New York Times reported in March, records obtained through a Freedom of Information Act request show that between Dec. 2008 and March 2009, the FBI began 11,667 assessments of people and groups for criminal/terror links, completed 8,605 assessments, and launched more than 400 intensive investigations based on the assessments. The FBI also told the Times that agents continue to open assessments at about the same pace

Crew noted that Mukasey’s guidelines marked the first time since 1976 that the FBI has been allowed to do assessments and collect files without a suspicion that a crime has occurred.

Dubal observed that the most relevant documents to emerge from a recent FOIA request to determine if the FBI has engaged in disturbing intelligence gathering activities are those related to “geomapping.”

“The materials are not particular to Northern California, but they show how FBI maps communities based in ethnic concentrations,” Dubal said.

Dubal also pointed to the case of Yasir Afifi, an Egyptian American student from Santa Clara, who found an FBI tracking device on his car when he took it in for an oil change. In March 2011, CAIR filed suit in Washington, D.C., alleging that the FBI violated Afifi’s First, Fourth, and Fifth Amendment rights by failing to obtain a warrant.

DeJesus recently told the Guardian that the Police Commission was never made aware of the MOU’s existence. “The chief should have checked in with the commission president, at the very least,” she said. “The idea that they were not reporting this to anyone is disconcerting.”

“The SFPD does not have the authority to enter into a secret agreement with the FBI whereby some of its officers are allowed to conduct intelligence operations in violation of the Police Commission’s General Order 8.10,” Crew added.

In a Jan. 25 letter to Mahoney, representatives from the ACLU and the ALC noted that “in the past, the SFPD had not previously deferred to the FBI on whether or how to openly address how San Francisco police officers will be supervised and held to well-established and painstakingly and collaboratively crafted San Francisco general orders.”

“These are low-level investigations that require no criminal predicate, meaning that when initiating an assessment, FBI agents can conduct intrusive forms of investigation without any criminal suspicion,” Dubal said. “These include interviewing innocent Americans, infiltrating organizations, using open source data to spy and surveil, going into religious centers such as mosques to spy and surveil, and recruiting and using informants.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Getting free

Jesse Hawthorne Ficks
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3
Getting free

rebeccab@sfbg.com

Shane Bauer and Josh Fattal have been held captive in Evin Prison in Tehran for more than 540 days, and their friends and supporters in the Bay Area have been mounting an extraordinary campaign pushing for their release.

On July 31, 2009, Bauer and Fattal were hiking with Sarah Shourd, who is Bauer’s fiancée, through green mountains in Iraqi Kurdistan. The three UC Berkeley graduates had traveled from Damascus for a recreational visit. They were wandering nearby Ahmed Awa, a popular tourist destination where hundreds of people had flocked to camp, to visit a waterfall and enjoy the peace and quiet of the mountains.

They say they didn’t realize how close they were to Iran, which has no diplomatic ties to the United States.

Shourd told the Guardian she’s not sure whether they accidentally traversed the Iranian border, because it was unmarked. “We had no intention of being anywhere near Iran,” she said. “And if we were, we’re very sorry.”

Iranian officials surrounded them, speaking in Farsi, which they couldn’t understand. They were arrested on suspicion of spying and taken into custody. Before being taken to prison, one phoned a friend, Shon MeckFessel — who had been traveling with them but opted not to go on the hike because he wasn’t feeling well — to alert him that something had gone wrong. That would be the last communication any of them would have with close friends or family members for months.

Shourd was finally released on bail Sept. 14, 2010 on humanitarian grounds after spending 410 days in solitary confinement. She was reunited with family and friends — but Bauer and Fattal have remained in detainment ever since.

Since returning to the United States, Shourd has thrown her energy into advocating for their release — and she’s not alone. “Everyone in the family has been working tirelessly for all 18 months,” she said, “which is far, far longer than we ever imagined in our worst nightmares.”

 

FIGHTING FOR FREEDOM

While Shourd was still in prison, her mother, Nora, gave up her home and job to move in with Bauer’s mother, Cindy Hickey, and work for their release full-time. Fattal’s older brother, Alex, suspended his graduate studies at Harvard to dedicate himself to the campaign. His mother, Laura Fattal, stopped working to devote herself to the campaign.

“That’s just family alone,” Shourd noted. “If you start to look to how many people have contributed to our campaign and how many ways, it just blows your mind.” Soon after her release, Shourd put out a call for people to hang banners proclaiming the innocence of Bauer and Fattal and calling for their release. In response, nearly 60 banners were unfurled in 25 different countries.

Shourd has made countless media appearances since her release, and even put out an MP3 of a song she composed while in solitary confinement, which can be downloaded as a way to support the Free the Hikers campaign. Their story has drawn the interest of prominent figures. On Jan. 19, Noam Chomsky released a video offering to testify on their behalf if a trial is held, saying Bauer and Fattal “have dedicated themselves to advocating for social and environmental justice in Africa and elsewhere, and they truly embody the spirit of humanitarianism.”

Others who have publicly defended the trio include President Barack Obama, who issued a statement in July saying none of the hikers ever worked for the U.S. government, addressing Iranian accusations that they were there to commit espionage. United Nations Secretary General Ban Ki-Moon and the Archbishop Desmond Tutu have called for their release. A documentary has been produced about their plight, and a second one is in the works.

In San Francisco, artists and musicians have responded in droves to a call for support. An art auction that will benefit the campaign is planned for Jan. 29, featuring the work of more than 80 artists, plus live musical performances. As a nod toward Bauer’s work in photojournalism, the event will emphasize photography, and notables such as Mimi Chakrova, Taj Forer, Roberto Bear Guerra, Ken Light, the LUCEO Photo Collective, Susan Meiselas, Lianne Milton, Mark Murrmann, Alec Soth, and others have donated work. Among the artists who donated pieces are Marianne Bland, Mark Brecke, Teresa Camozzi, Andreina Davila, Eric Drooker, and former Board of Supervisors President Matt Gonzalez.

In early February, a music benefit will be held at the Bottom of the Hill to benefit the campaign. Titled “They Sing These Songs In Prison,” the event will feature performances of The Nightwatchman — that’s Tom Morello of Rage Against the Machine — plus Jolie Holland, accordionist Jason Webley, and Ryan Harvey & Lia Rose.

“The funding is to support the campaign to free Shane and Josh, and it goes to a wide array of needs that we have, like translation into Farsi, travel for media, and meeting with some various embassies and governments that are involved in advocating for Shane and Josh’s release,” Shourd explained. “Also, some of the money will probably go toward legal fees, and website fees, and materials for the campaign from flyers to business cards to t-shirts.”

 

WHO ARE THE HIKERS?

The campaign to advocate for their release has been tagged Free the Hikers, but the identities of the three young people (Bauer and Fattal are both 28, Shourd is 32) go much deeper than that. They’re social-justice advocates, antiwar activists, writers, environmentalists, travelers, and creative thinkers with deep ties to the Bay Area.

Shourd, who lives in Oakland, was teaching English to Iraqi refugees when she was in Syria, as well as practicing some journalism. Fattal, who taught at Aprovecho — an education center in Oregon focused on sustainability and permaculture — had been traveling to India, South Africa, and other places through the International Honors Program to lead workshops on health and sustainable technology before visiting his friends in Syria.

“Josh is an environmentalist, he’s a teacher, he’s an incredible, incredible, generous and selfless man,” Shourd said. “As soon as you meet him, you feel what an extraordinary and unique human being he is. I was friends with him for years before he came to visit us in Damascus, and he decided to travel with us to Northern Iraq to Iraqi Kurdistan to learn about Kurdish culture, to see another diverse aspect of the Middle East.”

Bauer wrote for publications such as The Nation, Mother Jones, and the Christian Science Monitor. A photojournalist who has won multiple awards and had his work published internationally, Bauer has documented everything from tenant conditions in San Francisco SROs to conflict-ridden regions in Africa and the Middle East. Bauer also wrote an article for the Guardian about an Oakland residence that is famous among East Bay anarchists (See “Hellarity burns,” May 27, 2008).

“Shane has an incredible passion for pursuing truth and complicating our ideas about other parts of the world, about conflicts around the world and at home,” Shourd noted. She added that many of his stories serve to highlight “some of the very specific ways that the U.S. presence in Iraq has taken a toll on innocent people.”

Before their ill-fated excursion, Shourd said she’d heard from multiple westerners and her Arabic tutor that Iraqi Kurdistan was a safe and enjoyable place to visit. “It’s often referred to as ‘the other Iraq’ because it’s a semiautonomous region designated as a no-fly zone by the U.S. government,” she explained. “It’s actually a part of the Middle East that has a very positive fingerprint from the U.S. government because they helped protect the Kurdish people from Saddam Hussein. So Northern Iraq is not a dangerous place for Americans or westerners to go, and no American has ever been killed in Northern Iraq, which is just phenomenal after a decade of war and occupation.”

She said Bauer, Fattal, and MeckFessel were all enthusiastic about the trip, and after researching it online, the four felt they had enough information to travel there. “We ordered a special Lonely Planet guide of Northern Iraq, and a friend of ours who went a month before we did borrowed it and lost it, so we didn’t have the Lonely Planet guide,” she noted. “But we still felt we had enough information about it to travel there and really believed we had nothing to fear.”

 

SOLITARY

Shourd credits her fiancé and her friend with helping her through “every minute of prison,” even though she was alone in her cell for 23 hours a day. At first she wasn’t allowed to see them at all, but after some time had passed, guards allowed her to visit with them in an outdoor courtyard for 30 minutes a day. Later, that brief time together was increased to an hour.

“There’s no way I could have maintained hope and maintained my own sanity and the strength that it took to get through every day of isolation and depravity and uncertainty and fear,” she said. “The emotional strength that that took, and the discipline that it took, really Shane and Josh and I all created together in the little time that we had, through the unconditional support and love we had for each other.”

Since they didn’t speak Farsi and the guards spoke very little English, it was difficult to communicate basic needs, and Shourd described the experience as being surrounded by hostility.

“Whenever I just started to slip away mentally, Shane and Josh would bring me back, and the knowledge that they were going to be there for me was the only thing that got me through 410 days of solitary confinement,” she said. The three thought up activities to give themselves something to look forward to, like marking time with small courtyard celebrations and special food they saved to share together or discussing topics in an organized format. “We had almost like a curriculum that we followed of study, and sort of intellectual exploration,” she explained.

They were only allowed to have pens for one month — that was the easiest month, Shourd said. But the rest of the time, even though they weren’t permitted to write things down, they were allowed to read. “Books were our lifeline. We read the same books in concert, we took turns reading books and passed them back and forth when we saw each other in the courtyard. And we would memorize dates and memorize poetry and recite poetry to each other and test each other on dates,” Shourd said.

“Josh would give me math problems to do in my head because he knew I was trying to get better with algebra. We had a dictionary that we passed back and forth, and we would make stories from words in the dictionary and tell each other these really intricate fantastical stories that we came up with. Anything to keep your mind busy.”

Beginning in her second month in prison, Shourd also passed the time by composing songs. A month went by before she was able to share the first one with Bauer and Fattal, but when she did finally sing it for them, they learned the words and sang it with her. “When we were together in the outdoor courtyard, they would just tell me to sing louder,” Shourd said. “I know they’re singing those songs now.”

The intellectual drills, storytelling, math problems, and singing weren’t merely a remedy for boredom. “You have to really keep your mind strong and busy so that you don’t get sort of swallowed up by the abyss of fear and loneliness that encroaches on you day by day in that kind of situation,” she said.

 

LOOKING AHEAD

Despite the time, energy, and effort spent on the campaign to free all three, no one can say for sure just when Bauer and Fattal will finally be reunited with family and friends. In November, Iranian authorities said that a trial previously scheduled for that month had been postponed, but the Free the Hikers campaign is calling for them to be released without a trial.

“They don’t deserve to be there one minute longer than I was, and they never deserved to be there in the first place,” Shourd said. “They should be shown the same kind of humanitarianism that they have put into action in their lives, through their work.”

Amnesty International is among many of the groups that have called for the Iranian government to release the two young men. “One year after their arrest, the Iranian authorities’ failure to charge them with illegal entry into Iran or more serious charges, such as espionage, has fueled speculation that the Iranian authorities are holding them as a bargaining chip,” notes a statement released July 2010 by Amnesty International, an international human rights organization.

Meanwhile, Shourd has been contemplating what her experience would have been like if the U.S. and Iran actually maintained diplomatic ties, and she published an opinion piece on CNN International calling for greater communication between the governments.

“I think it’s their responsibility to their people to do that, and I think it’s a tragedy that there’s been 30 years of practically no relationship between Iran and the U.S.,” Shourd said. “It’s a tragedy for countless Iranian Americans in this country who have a hard time visiting their relatives in Iran, sending them money, even just getting information about them or visiting their homeland.”

She began her opinion piece by recounting the time that a prison guard brought her freshly picked roses, an uncommon gesture of kindness during her incarceration. “In the worst of circumstances, the most extraordinary acts of human kindness emerge,” she told the Guardian. “They were rare. The vast majority of my experience was empty and desolate. But the times that the guards were kind to me … will stay with me for the rest of my life.” *

ART AUCTION TO FREE ALL THREE

Saturday, Jan. 29, 7 p.m.

SomArts Cultural Center

934 Brannan, SF

Musical performances by The Ferocious Few, Devon McClive and Sons, Grant Hazard and Lorin Station

www.artforssj.tumblr.com/#about

THEY SING THESE SONGS IN PRISON

Featuring The Nighwatchman, Jolie Holland, Jason Webley, Ryan Harvey & Lia Rose

Thursday, Feb. 10, 8:30 p.m., $12–$18

Bottom of the Hill

1233 17 St., SF

www.bottomofthehill.com

To learn more, visit www.freethehikers.org, www.freeourfriends.eu

PG&E exec fails as a spy

Sasha Cuttler And Mary Magee
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3
PG&E exec fails as a spy

You’d think California’s largest utility company would know a thing or two about spying. From toxic groundwater plumes to deadly pipeline explosions, Pacific Gas & Electric Company has given plenty of Californians reason to mobilize against their practices, and countless campaigns have been launched against the monopolistic energy giant. Yet former SmartMeter program director William Devereaux revealed himself to be an amateur when he tried using an anonymous email address to infiltrate his activist opponents — with an account that displays his real name.

The Chronicle is reporting that Devereaux resigned from his post as director of the $2.2 billion SmartMeter program once the news broke that he’d been outed by the very anti-SmartMeter activists he later admitted to keeping tabs on.

It wasn’t too difficult to figure it out. Devereaux attempted to join an activist listserv for the EMF Safety Coalition, an organization that opposes SmartMeter installations. Apparently assuming that his name would be hidden, he signed his e-mail to Sandi Maurer, the group moderator, as “Ralph.” Here’s the message:

On Nov 4, 2010, at 3:23 PM, William Devereaux <manasota99@gmail.com> wrote:

Hi Sandi,

Sorry for the delay in getting back to you, I’ve been travelling a lot.  I live in Oakland where Smart meters have been sweeping across town and wanted to learn more about them and join the conversation to see what I can do to help out here.

Thanks,

Ralph

Just a regular old SmartMeter-hating guy called Ralph. Except that until the news story broke, a Google search of the name beside his email address yielded countless PG&E press releases in which the utility executive publicly extolls the virtues of the electricity-usage meters, which activists fear will expose people to unhealthy levels of radiation. Now that he’s been outed, said Google search speaks to Devereaux’s rather deficient skills as an infiltrator instead.

“We think he’s been lurking on one of our lists for a couple of months,” activist Joshua Hart with Stop Smart Meters told the Guardian. Hart said SmartMeter protesters got a surprise when they showed up at a Sonoma County location a couple weeks ago to stage a demonstration against the PG&E contractor hired to install SmartMeters. By the time they got there, all of the contractor’s trucks and signs had vanished. It was like they’d known what to expect. “His judgment has been called into question,” Hart said, “and his honesty has been called into question.” Apparently, his career has now been called into question too.

Film Listings

Jesse Hawthorne Ficks
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Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Michelle Devereaux, Peter Galvin, Max Goldberg, Dennis Harvey, Johnny Ray Huston, Louis Peitzman, Lynn Rapoport, Ben Richardson, and Matt Sussman. The film intern is Ryan Prendiville. For rep house showtimes, see Rep Clock. For first-run showtimes, see Movie Guide at www.sfbg.com. For complete film listings, see www.sfbg.com.

OPENING

The Blue Tower Smita Bhide’s debut film, The Blue Tower, part of the 3rd I South Asian International Film Fest, begins with Mohan (Abhin Galeya) in the sort of loveless marriage that has become a standard cliché. It’s unnecessary to give any reason why the relationship is failing; as a viewer I accept it just as easily as I realize that with the introduction of Judy (Alice O’Connell), a young white nurse working for Mohan’s overbearing Auntie, Mohan will have an affair. However, this predictable fare, like a straight version of My Beautiful Laundrette (1985), takes a dark turn about halfway through, as every character and plot point emerges as more nefarious and twisted than originally imagined, and Mohan finds himself in a situation full of Lynchian perversion and Kafkaesque disorientation. The boldness and speed at which developments occur shifts the deadpan, suburban drama into a black-humored, grotesque ride — the sort you half want to stop, and you half want to see where it’s going. (1:25) Castro. (Prendiville)

*Brutal Beauty: Tales of the Rose City Rollers Focusing on Portland-based league Rose City Rollers, Chip Mabry’s Brutal Beauty offers some insights into the recent roller derby revival. The documentary follows the league travel team’s attempt to make it to Nationals over the course of the 2009 season. Ultimately though, the narrative really isn’t all that exciting (spoiler alert: they don’t make it very far). The real heart of the movie lies in the backgrounds and interviews of the tatted-up, foul-mouthed, dyed-haired derby girls from teams like the Break Neck Betties and Guns ‘N’ Rollers. Their personalities and stories of how derby helped shatter their ideas of self-expression and traditional gender norms helps keep the majority of the film’s 80-minute running time interesting, even when the action is not. (1:20) Red Vic. (Landon Moblad)

Butte, America: The Saga of a Hard Rock Mining Town This documentary follows the life and death of a great American mining town, following Butte, Montana’s rise as a mining town through to its inevitable environmental collapse. Once home to one of the world’s largest (and most dangerous) copper mines, Butte saw an influx of immigrants drawn to “the richest hill on earth.” Its story is definitely rich in terms of subject matter, particularly with the town’s role in the labor struggle; it could easily be the background for great early 20th century stories (as is the case with Atlantic City in HBO’s current Boardwalk Empire). But Butte, America is decidedly not cinematic, despite the voice-over narration by Gabriel Byrne, and is better suited to PBS than the big screen. (1:06) Victoria. (Prendiville)

Carlos Carlos, Olivier Assayas’s biopic of Ilich Ramírez Sánchez, a.k.a. Carlos the Jackal, begins with a warning, that while the film is the subject of historical and journalistic research, “relations with other characters have been fictionalized.” In other words: there be contradictions ahead. But I suppose that’s the least you can expect when you’re watching a 330 minute theatrical miniseries that gives the rock ‘n’ roll biopic treatment to a terrorist who, under an alias, professes “the pleasure of doing one’s duty in silence.” Much of this is intentional, questioning the convictions of extremists. One particularly well-shot scene involves Carlos (Édgar Ramírez) sexually dominating a cell member, only moments after she admits to being a German feminist. After about four hours, though, the intellectual irony begins to feel more like a filmmaker attempting to cover his bases. Carlos is an idealist, but also a sellout. An egalitarian revolutionary, but also a sexist bigot. (And so vain.) Still, the film, full of actors speaking a bevy of languages and propelled by a international punk rock soundtrack, manages to be engaging. Keep in mind, though, that the miniseries was originally aired in three parts, and viewing Carlos in one sitting should be left to the cinemasochists. (5:30) Sundance Kabuki. (Prendiville)

Due Date Robert Downey Jr. and Zach Galifianakis star in this Todd Phillips-directed road trip movie. (1:35) Four Star, Presidio, Shattuck, Sundance Kabuki.

*Fair Game Doug Liman’s film effectively dramatizes yet another disgraceful chapter from the last Presidential administration: how CIA agent Valerie Plame (Naomi Watts), who’d headed the Joint Task Force on Iraq investigating whether Saddam Hussein had WMDs, was identified by name in the Washington Post as a covert agent — thus ending her intelligence career and placing many of her subordinates and sources around the world in danger. This info was leaked to the press, it turned out, by highest-level White House officials as “punishment” for the New York Times editorial former ambassador Joe Wilson (Sean Penn) — Plame’s husband — wrote condemning their insistence on those WMDs to justify the Iraq invasion by then already well in progress. (The CIA task force had also found zero evidence of mass-destruction weapons, but Bush and co. chose to come up with their own bogus “facts” to sway US public opinion.) Purportedly, Karl Rove clucked to CNN’s Chris Matthews that Wilson’s awkwardly-timed dose of sobering truth rendered his spouse “fair game” for exposure. Unfortunately opening here several days after it might theoretically have done some election-day good — not that many Republican voters would likely be queuing up — Fair Game may be a familiar story to many. But its gist and details remain quite enough to make the blood boil. While the political aspects are expertly handled in thriller terms, the personal ones are a tad less successful. That’s partly because we never quite glimpse what brought these two very busy, business-first people together; but largely, alas, because so many of Wilson’s diatribes come off all too much as things that might be said by Sean Penn, Rabble-Rouser and Humanitarian. This is perhaps a case of casting so perfect it becomes a distracting fault. (1:46) Embarcadero, Sundance Kabuki. (Harvey)

For Colored Girls Sprinkling many tears and Janet Jackson’s blue steel throughout his high-camp, muy melodramatic adaptation of Ntzoke Shange’s For Colored Girls Who Have Considered Suicide When the Rainbow Is Enuf, Tyler Perry deserves at least an E for effort in attempting to bring Shange’s choreopoem masterpiece to the screen. The result is a free-floating, somewhat tortured contemporary collection of vignettes centered on a clutch of African American women residing in an Harlem apartment building — a structure that remotely evokes an early Wong Kar-Wai omnibus like Days of Being Wild (1991), sans the narrative ambiguity and sublime cinematography — with its “colored girls,” each representing a hue in Shange’s rainbow, occasionally pouring out the poet’s original verse. Crystal (Kimberly Elise) appears to have it the hardest, burdened with an abusive baby daddy (Michael Ealy), a veteran dealing with Post Traumatic Stress Disorder. Dance teacher Yasmine (Anika Noni Rose) is the beacon of positivity who finds her trust horribly betrayed. Tangie (Thandie Newton) is the saucy slut, baby sister Nyla (Tessa Thompson) is the good girl with a secret, and their mother Alice (Whoopi Goldberg) is the building’s extremely annoying holy roller. Overseeing all is the apartments’ de facto matriarch Gilda (Phylicia Rashad), safe sex activist Juanita (Loretta Devine), and social worker Kelly (Kerry Washington). Oh, yes, and there’s Miss Jackson, who plays the leather-tough, magazine-editing devil wearing Prada, and spends most of her time looking wrecked about possibly ruining her makeup with an actual facial expression. Yes, they will survive, hey, hey, and though Perry may not have been the best moviemaker to adapt Shange’s groundbreaking work, a few of his players, particularly Newton and Elise, rise above the rainbow with wrenching, scene-stealing performances. (2:00) (Chun)

Honest Man: The Life of R. Budd Dwyer Everyone of a certain age or with morbid curiosities has heard of R. Budd Dwyer, thanks to the very public way he died — by committing suicide at a televised-live press conference. The 1987 footage, of a portly middle-aged man with anguish in his eyes and a finger on the trigger, has been recycled in a number of contexts; thanks to the internet, it’s now freely viewable for shock value more than anything else (the incident created a controversy as to how much should be shown during news replays — when Dwyer takes out the gun? When he sticks it in his mouth?) Along the way, who Dwyer was, and why he shot himself, have kind of been lost by the general public. However, as director James Dirschberger discovers, the Pennsylvania politician’s widow, children, colleagues, and even the man whose testimony lead to a conviction in Dwyer’s corruption trial have never forgotten him. Honest Man suggests that Dwyer was actually innocent, but decided in despair to end his life before he’d been removed from office, thus allowing his family to collect full benefits. The full story will probably never be known, but Honest Man‘s attempts to show the man behind the gruesome film clip are sincere, if couched in the understanding that he’ll always be first associated with his infamous, well-documented death. (1:16) Red Vic. (Eddy)

*Megamind Be careful what you wish for, especially if you’re a blue meanie with a Conehead noggin and a knack for mispronunciation and mayhem. Holding up hilariously against such animated efforts as The Incredibles (2004) and Monsters, Inc. (2001), Megamind uses that nugget of wisdom as its narrative springboard and takes off where most superhero-vs.-supervillain yarns end: the feud between baddie Megamind (voiced by Will Farrell) and goody-two-shoes Metro Man (Brad Pitt) goes waaay back, to the ankle-biter years. They’ve battled so often over intrepid girl reporter Roxanne Ritchi (Tina Fay) that she’s beyond bored by every nefarious torture device and disco crocodile the Blue Man throws at her. When Mega finally, unexpectedly vanquishes his foe, he finds himself with a bad case of the blues. With the help of his loyal Minion (David Cross), he decides to change the game and create his own worthy opponent, who just happens to be Roxanne’s schlubby cameraman (Jonah Hill). Chortles ensue, thanks to the sarcastic sass emanating from the Will and Tina show, although the 3-D effects seem beside the point. The resemblance to this year’s Despicable Me is more than a little passing, from the bad guy on the moral turnaround to the adorable underlings, but Megamind‘s smart satire of comic hero conventions, its voice actor’s right-on riffs, and the rock and pop licks on the soundtrack make it the nice and nasty winner. (1:36) Presidio, Sundance Kabuki. (Chun)

*Monsters After a NASA space pod bearing samples of extraterrestrial life crashes in northern Mexico, a large swath of the now massively walled-off U.S. border area becomes an “Infected Zone,” with frequent unpleasant contact between humans and giant octopus-like creatures. Photographer Andrew (Scoot McNairy) is reluctantly charged with delivering his publisher’s daughter Sam (Whitney Able) to safety. Unfortunately, things do not go as planned. The duo find themselves making a dangerous journey northward straight through the Zone, right at the start of an annual “migration season” that always makes the critters especially ornery. Just as 2009’s District 9 commented obliquely on Apartheid, Gareth Edwards’ feature similarly riffs on our own illegal-alien debate. But there’s no need to look for deep meanings here. Taken as a slow build (sometimes a little too slow) toward the inevitable perils, Monsters is a successfully low-key, lower-budget spin on aspects of The War of the Worlds, Cloverfield (2008), The Mist (2007), etc. Those looking for lots of graphic horror-fantasy content may be frustrated, but on its own terms the film is creepy and credible enough. (1:33) California, Lumiere. (Harvey)

*36 Quai des Orfèvres It’s taken six years for this major French policier to get a proper U.S. release, which is a little strange considering its genre appeal and lack of conflict with an English-language remake (Martin Campbell, director of 2006’s Casino Royal, might make one within the next couple years). Leaving for another post, Paris’ Chief of Police (Andre Dussolier) wants to wrap things up tidily before he goes, and that means nailing the violent gang that’s been robbing armored trucks and killing their guards. Though he’d prefer his post be inherited by the honorable Leo Vrinks (Daniel Auteil) rather than the latter’s ex-friend, shamelessly ambitious and underhanded Denis Klein (Gerard Depardieu), internal politics necessitate he give it to whichever man and his team end this crime spree. When a con (Roschdy Zem) gives Vrinks a tip — albeit under seriously compromising, blackmail-ready circumstances — it seems the murderous gang will be caught under his supervision. Drunk and raging with envy, Klein pulls a stunt that has catastrophic consequences. Yet a chance windfall allows him to turn things to his advantage, and greatly against Vrinks. To a point the story is very loosely inspired by events that actually occurred in the mid-1980s, when director-writer Olivier Marchal was a Parisian cop. His script (penned in collaboration with three others) is intricate and dramatic, with some startling twists of fate; the casting, which includes a number of other leading French actors, is impeccable. 36 has been called a Gallic Heat — though it lacks the visually and thematically epic, larger-than-life qualities Michael Mann provided that film. Which leaves it a very good story competently executed, but not the great movie it could have been. (1:51) Roxie. (Harvey)

Tibet in Song It’s often a bad sign when directors are subjects in their own documentaries. With Tibet in Song, Ngawang Choephel has good cause to disprove this theory. In 1995, he returned to Tibet for the first time since fleeing with his mother as a child. An ethnomusicologist and Fulbright scholar, he wanted to record traditional Tibetan music. Instead he was arrested, lost half his footage, and charged with spying, eventually serving six years in jail. Tibet in Song is the completion of his original project, and although the director does give due attention to the circumstances of his own story, it’s always within the larger context of the music, as a culture is being held captive by Chinese pop and propaganda. As Choephel argues that the traditional Tibetan music has been manipulated to change the country’s identity generation by generation, we don’t just hear the music, but understand what it means. (1:26) Lumiere, Shattuck. (Prendiville)

ONGOING

Cairo Time (1:29) Opera Plaza.

Conviction (1:47) Empire, Piedmont, SF Center.

*Easy A (1:30) Shattuck.

Enter the Void (2:17) Lumiere.

*The Girl Who Kicked the Hornet’s Nest If you enjoyed the first two films in the Millennium trilogy — 2009’sThe Girl With the Dragon Tattoo and The Girl Who Played With Fire — there’s a good chance you’ll also like The Girl Who Kicked the Hornet’s Nest. Based on the final book in Stieg Larsson’s series, the film begins shortly after the violent events at the conclusion of the second movie. There are brief flashes of what happened — the cinematic equivalent of TV’s “previously on&ldots;” — but it’s likely an indecipherable jumble to Girl first-timers. Hornet’s Nest presents the trial of Lisbeth Salander (Noomi Rapace), the much-abused, much-misunderstood, entirely kick-ass protagonist of the series. With the help of journalist Mikael Blomkvist (Michael Nyqvist) and his sister Annika (Annika Hallin) as her lawyer, Lisbeth finally gets her day in court. The conspiracy that drives the story is somewhat convoluted, and while it all comes together in the end, Hornet’s Nest isn’t an easy film to digest. Still, it’s a well-made and satisfying conclusion to the trilogy — as long as you caught the beginning and middle, too. (2:28) Bridge, Embarcadero, Piedmont, Shattuck, Smith Rafael. (Peitzman)

Hereafter (2:09) Empire, Marina, 1000 Van Ness, SF Center, Shattuck, Sundance Kabuki.

Inside Job (2:00) Embarcadero, Shattuck, Sundance Kabuki.

It’s Kind of a Funny Story (1:51) 1000 Van Ness, Shattuck.

*Jackass 3D (1:30) 1000 Van Ness.

*The Kids Are All Right (1:47) Red Vic.

*Leaving Few beauties — French, English, French-English, or otherwise — have managed the transformation Kristin Scott Thomas has, in using her considerable beauty to convey unfathomable hunger. In this romantic thriller with a touch of Madame Bovary and more than a dab of noir, Scott Thomas is Suzanne, the efficient if somewhat taken-for-granted wife of a doctor (Yvan Attal, director of 2001’s My Wife Is an Actress and Charlotte Gainsbourg’s partner), whose marriage resembles a business arrangement more than a love match. The couple enlist Catalan ex-con Ivan (Sergi Lopez) to build an office for her budding physical therapy practice, and after a minor car accident, Ivan falls into Suzanne’s care, and as she grows to care more deeply about him, an affair begins. Director Catherine Corsini’s tough-eyed look at what follows — concerning the economics of marriage and the price of one woman’s individuation and passionate choices — calls to mind women’s melodramas of the ’40s and ’50s, though Corsini renders her oft-told tale of awakening with considerably less heavy-handedness and minimal condescension. That approach and Scott Thomas’ performance — the movie almost turns on the motionless, slowly evolving look in Suzanne’s eyes when she realizes what she must do — makes Leaving a departure from your average coming-of-liberation romance. (1:30) Albany, Clay. (Chun)

Let Me In (1:55) Four Star.

Life as We Know It (1:52) 1000 Van Ness.

*Mademoiselle Chambon (1:41) Opera Plaza.

My Dog Tulip (1:22) Smith Rafael.

Never Let Me Go (1:43) Four Star, Lumiere.

*Nowhere Boy (1:37) Opera Plaza, Shattuck.

Paranormal Activity 2 (1:45) California, 1000 Van Ness.

Red (1:51) 1000 Van Ness, SF Center, Sundance Kabuki.

Saw 3D (1:31) 1000 Van Ness.

*Secretariat (1:56) 1000 Van Ness, SF Center.

*The Social Network (2:00) Empire, Marina, 1000 Van Ness, Sundance Kabuki.

Stone (1:45) Opera Plaza.

The Town (2:10) 1000 Van Ness, Presidio, SF Center, Shattuck.

*Waiting for “Superman” (1:51) Piedmont, SF Center, Shattuck.

Wall Street: Money Never Sleeps (2:13) Presidio.

You Will Meet a Tall Dark Stranger (1:38) Albany, Opera Plaza, Presidio.

We sue the FBI

Zelda Bronstein
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We sue the FBI

The Bay Guardian has joined the ACLU of Northern California and the Asian Law Caucus in suing the FBI to demand access to records of federal agents spying on Muslim communities and organizations.


We filed a Freedom of Information Act request five months ago, seeking access to key records, including documents that would show how the FBI is:


•       investigating Islamic centers and mosques (as well as Christian churches and Jewish synagogues);
•       “assessing” religious leaders;
•       infiltrating communities through the use of undercover agents and  informants;
•       training agents in Islam and Muslim culture;
•       using race, religion and national origin in deciding whom to investigate; and
•        identifying particular schools for its Junior Agent Program.


The FBI has not released the documents, leaving us no choice but to file suit. The law firm of Morrison and Foerster is representing the plaintiffs pro bono. (Thanks, MoFo.)


“Clear information about the FBI’s activities is necessary in order to understand the scope of their surveillance tactics to assess whether they have had a chilling effect on the right to worship freely or to exercise other forms of expression,” said Julia Harumi Mass, staff attorney for the ACLU of Northern California.
 
“This lawsuit is about transparency.  The public is entitled to this information under the Freedom of Information Act.  The FBI admitted in March that our clients’ FOIA requests are entitled to expedited processing because of the widespread media attention on these issues, but the government has yet to provide them a single document,” said attorney Raj Chatterjee of Morrison & Foerster.   


There’s plenty of evidence that the feds are engaged in dubious, perhaps unlawful surveillance of Muslim communities. Check out this, and this and this. We’re hoping to shed some light on what the FBI is really doing here.


You can see a copy of the complaint here (pdf)

Alerts

David Talbot
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alert@sfbg.com

WEDNESDAY, JUNE 16

Generations HIV


The HIV Story Project kicks off SF Pride with the world premiere of a hands-on, video-based storytelling booth that will record stories from all ages, genders, and ethnic backgrounds about the impacts and affects of HIV/AIDS on people around the world. Once complied, stories will be shared on the Web. Complimentary food and drink — and 15 percent discount on all merchandise. Proceeds benefit Bay Area service organizations.

6 p.m., free

Under One Roof

518A Castro, SF

www.thehivstoryproject.org

Liberty for Our Friends


Attend this benefit for the families of Sarah Shourd, Josh Fattal, and Shane Bauer, the Bay Area travelers imprisoned in Iran and accused of spying. Proceeds go toward helping their mothers travel to Iran to appeal for their release. Featuring live music with the Beauty Operators, Steve Meckfessel, Annah Anti-Palindrome, and Nomy Lamm and the Whole World.

6:30 p.m.; $20 suggested (includes book)

KoKo Cocktails

1060 Geary, SF

(415) 255-6304

www.freethehikers.org

THURSDAY, JUNE 17

Equal rights advocates luncheon


Join more than 800 equal rights supporters, including attorneys, business leaders, and women’s rights advocates, at this awards luncheon featuring keynote speaker Arianna Huffington, cofounder and editor-in-chief of the Huffington Post.

11:30 p.m., $150

San Francisco Marriott Marquis

55 Fourth St., SF

www.equalrights.org

Out of Our Film Festival


Protest the Israeli consulate’s sponsorship of the San Francisco LGBT Film Festival on opening night and support divestment and sanctions against Israel until it ends the occupation of Palestine, ceases discrimination against Palestinian citizens of Israel, and permits displaced Palestinian refugees to return to their homes.

6 p.m., free

Castro Theater

429 Castro, SF

www.quitpalestine.org

FRIDAY, JUNE 18

Oakland mayoral debate


Hear the major candidates for mayor of Oakland weigh in at this debate with City Council members Rebecca Kaplan and Jean Quan and former state Sen. Don Perata. The debate is being hosted by the Alameda County Democratic Lawyers Club.

Everett and Jones Restaurant

126 Broadway, Oakl.

(510) 836-7563

www.demlawyers.org

Say No to War


Rally for peace and protest the ongoing war in the Middle East. Demand we bring our troops home now.

2 p.m., free

Corner of Action and University, Berk.

www.berkeleygraypanthers.mysite.com

SATURDAY, JUNE 19

Sea blite habitat restoration


Join Michael Chassé of the National Park Service to help restore Crissy Field marsh and create a habitat suitable for reintroducing the endangered California sea blite. The GGNP system contains more endangered species than any other national park on the North American continent. The 2010 GGNP Endangered Species Big Year helps volunteers get to know these species while helping them recover.

9 a.m., free

Meet at Presidio Transit Center

215 Lincoln, SF

(415) 561-2857 to RSVP

www.wildequity.org

Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 437-3658; or e-mail alert@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.

Guardian, ACLU, Asian Law Caucus seeks FBI surveillance records

Zelda Bronstein
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Guardian, ACLU, Asian Law Caucus seeks FBI surveillance records

The Guardian is joining the Northern California ACLU and the Asian Law Caucus in seeking records of the FBI’s investigation of Muslim communities.


We’re asking the federal government to turn over documents related to the FBI’s use of informants and infiltrators (reportedly used in gyms, community centers and mosques, investigations of Muslim leaders and imams in Northern California and attempts to recruit Muslim and Arab American children.


From a press release announcing our FOIA request:


According to civil rights organizations, community members, and media reports, the FBI has engaged in a deliberate plan to infiltrate Muslim communities through the use of informants and covert actions. Tensions are especially high between the FBI and Muslim groups following the death of Imam Luqman Ameen Abdullah, a Detroit cleric who was killed under questionable circumstances during an FBI raid in October 2009. 
“When there are repeated and widespread reports that the FBI is building a dragnet that is detrimental to the lives of innocent Americans, the ACLU and other civil rights organizations must step in,” said Julia Harumi Mass, staff attorney of the ACLU-NC. “The first step is to see all the records regarding the planning and implementation of any such spying and surveillance programs, including those that target children and have a potential chilling effect on free speech and religious practices.”


We’re asking for expedited processing so the public can see how taxpayer dollars are used on surveillance and other covert activities.


The response we get will be a good test of how seriously the Justice Department takes President Obama’s order to make government documents accessible unless there’s a very good reason not to.


We’ll keep you posted. You can read the FOIA letter here.(PDF)

Big Brother Obama

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Big Brother Obama

The Federal Bureau of Investigation illegally collected thousands of telephone records between 2002 and 2006, a Jan. 20 Justice Department report revealed. Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) publicly scolded FBI Director Robert Mueller for the transgression, but the practice of secretly spying on Americans’ international communications has become standard practice, even under the new presidential administration.

In late 2005, The New York Times exposed how the George W. Bush administration authorized the National Security Agency (NSA) to spy on Americans’ e-mails and phone calls without then-required court orders. The scoop prompted retired AT&T technician Mark Klein to reveal the existence of a NSA-controlled secret room at a San Francisco AT&T facility, providing undisputed proof of this public-private spy operation and the extensive amount of personal data that is collected.

Not only was no one held accountable, but the Democrat-controlled Congress legalized the operation after the fact by passing the Foreign Intelligence Surveillance Amendments Act (FISA Amendments Act) in 2008. Klein responded last year with the self-published book Wiring Up the Big Brother Machine … And Fighting It to narrate his version of the civil liberties and privacy battle.

The creeping intrusion on Americans’ privacy continues unabated under the Obama administration, according to government watchdog groups and media pundits. “Things have changed slightly — for the worse,” said Rebecca Jeschke from the Electronic Frontier Foundation (EFF).

Barack Obama, while still a Senator, hinted what his later inclination might be when he voted for the FISA Amendments Act, arguing that it was needed to foil terrorist plots (after having previously stated his intention to oppose the bill). Now that the legislation is law, his administration is using the same rationale as its predecessor to fend off attempts to repeal it, namely that it is crucial to national security.

Yet the EFF and the American Civil Liberties Union (ACLU) deem the practice and the legislation that authorized it to be unconstitutional. They’re challenging it in courts but having a difficult time in light of executive branch opposition and national security claims.

The 1978 Foreign Intelligence Surveillance Act (FISA) was originally crafted to constrain and oversee the government’s spying activities on Americans after the Nixon administration abused its power to eavesdrop on Vietnam War protesters and political adversaries.

FISA required officials to obtain from a judge individual warrants with specific named individuals or specific phone numbers before it wiretapped phone calls or read e-mails in the U.S. Outside the borders, spying remained unrestricted. The FISA Amendments Act subtly blurs those lines and leaves loopholes whereby the government can intercept U.S. residents’ communications without having to notify the FISA court.

Under the new protocols, the FISA court can authorize NSA to conduct surveillance on U.S. soil as long as the target isn’t American and is “reasonably believed” to be located abroad, no matter who the interlocutor may be, foreigner or American. When information is incidentally collected on American citizens, “minimization procedures” are designed to prevent the unnecessary retention or dissemination of such information.

“Now under the new law, the FISA court is looking at bulk surveillance under which the government doesn’t specify who it’s going to wiretap, which phone numbers it’s going to monitor, or which e-mail addresses it’s going to surveil. All the government has to say to the court is that the targets of its surveillance are overseas. Once the government has said that, the court just checks a box and grants permission. So insofar as Americans engage in international communications, this is a law that gives the government carte blanche to monitor those communications,” explained ACLU National Security Project Director Jameel Jaffer.

Civil liberties advocates say this unchecked eavesdropping power violates the Fourth Amendment, which protects against unreasonable searches and seizures. Yet the Obama administration is “aggressively defending the FISA Amendments Act,” Jaffer said. It is arguing that the courts don’t even have a role in evaluating the constitutionality of the government’s surveillance activities.

A brief filed by the Justice Department in January 2009 maintains that the FAA “strikes a reasonable balance between the critical intelligence it serves and the privacy interests of Americans it indirectly affects,” and that “plaintiffs’ arguments from the start have rested on speculation and surmise.” In short: trust in the government’s good faith for not abusing its power.

Another worrisome aspect of the FISA Amendments Act is the immunity from liability it retroactively granted to telecommunications carriers that assisted the government in carrying out its warrantless wiretapping program before Congress consented to it.

In January 2006, Klein gave EFF critical engineering documents proving that AT&T, his former employer, let NSA access its 611 Folsom St. office building to tap into its Internet data flow to duplicate it and send it to a secret room the agency controlled. That included e-mails, Web browsing, voice-over Internet Protocol (VoIP) phone calls, pictures, and streaming video, be they international or domestic.

Thanks to this installation, anything transmitted on the AT&T network was swept by the NSA. And there were clues that the San Francisco secret room was just one in a series set up all over the country. In his book, available on Amazon, Klein gives an account of his personal protest and involvement in the case spearheaded by EFF against AT&T.

Klein tells how he figured out what the San Francisco room was about, how he struggled to get the story out, and how he tried in vain to inform Congress. But following approval of the FISA Amendments Act, the lawsuit was dismissed in June 2009, along with 32 other similar cases brought by customers against their telecommunications service providers.

“The surveillance system now approved by Congress provides the physical apparatus for the government to collect and store a huge database on virtually the entire population, available for data mining whenever the government wants to target its political opponents at any given moment — all in the hands of an unrestrained executive power. It is the infrastructure for a police state,” he wrote. According to his sources, the equipment is still in place. Security even has been beefed up at the Folsom Street building where he used to work: the entrance to the entire floor where the diversion device is inserted is now restricted.

EFF is appealing the dismissal of the AT&T lawsuit, arguing that the communications companies’ amnesty is unconstitutional in that it grants to the president broad discretion to block the courts from considering the core constitutional privacy claims of millions of Americans. Officials with the Justice Department told us they wouldn’t comment because of the ongoing litigation.

In the meantime, the current judicial and legal gridlock is barring the public from reviewing what took place under the Bush administration and what is going on right now. Can our communications channels be trusted? Klein says he won’t be appeased unless the equipment is torn out.

Hard Times Handbook

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Hard Times Handbook

It’s tough out there. The recession is supposed to be over, although you’d never know it to walk the streets of San Francisco. But we’re here to help; our Hard Times Handbook offers tips on bargains, deals, and discounts to make those fewer dollars go further.

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Broke doesn’t mean bored

Eight great ways to have fun in San Francisco for $5 or less

By Johnny Funcheap

Living on a tight budget and still trying to have fun in San Francisco is a near impossible task. This is an expensive city, thanks to the reality that everyone wants to live in the tiny 49-square-mile cultural oasis — driving up rents and the cost of just about everything else.

Despite its reputation, the city is actually getting slightly more affordable, if ever so relatively. (In 2008 San Francisco actually fell in the rankings of most expensive cities in the U.S. from fourth to fifth.)

Leading the charge toward making the city a more affordable place to have fun are numerous businesses, government-run sites, and co-ops that are trying to survive in the recession themselves — and using big discounts and fun free events to try to lure you in.

Here’s a list of my favorite deals and freebies I’ve found so far for 2010.

CAFÉ ROYALE

Waving the flag high for nightlife in the Trendynob with its curved couches and velvet curtains is the cozy beer and wine bar Café Royale. This late-night venue (it’s open until 2 a.m. Fridays and Saturdays) stages more than 20 nights of free events each month, an eclectic mix of live entertainment that includes jazz bands, Beatles karaoke, book readings, slam poetry, stand-up comedy, and even the odd accordion night. You can dine on small plates and noshables until the wee hours, and wash them down with a robust selection of wines by the glass and creatively yummy Soju cocktails like the Pom Pom and Creamsicle. And for billiards fans, Café Royale has one of the few three-quarter size tournament tables in San Francisco at just 75 cents a game.

800 Post at Leavenworth. 415-441-4099. www.caferoyale-sf.com

COUNTERPULSE

More an arts and culture community hub than just a performance space, CounterPULSE serves as a home and venue for a diverse mix of local artists, dancers, and playwrights to practice and showcase their latest works. A majority of the events at this nonprofit theater (plays, dance performances, as well as classes and workshops) are free. For more elaborate productions that require tickets, CounterPULSE has a wonderful “no one turned away for lack of funds” policy. You can also get in free by donating a few hours of your time to the volunteer usher program.

1310 Mission at Ninth St., 415-626-2060. www.counterpulse.org

$5 MOVIE NIGHT

Saving money on going out to the movies used to mean you had to blag your way to a cheap ticket using a long-expired student ID or arrive by lunchtime to save a few bucks on a matinee ticket. The historic Roxie Theater has done away with all of those shenanigans, at least on Monday nights, with cheaper-than-matinee prices ($5) to all films (except for the odd film festival or special screening when regular ticket prices still apply). This stalwart of the Mission District, which recently celebrated its 100th birthday, is an independent art-house theater that shows limited-run art, music, foreign, and documentary films on two small screens.

Roxie Theater, 3117 16th St., 415-431-3611. www.roxie.com

BART DISCOUNTS AND FREE RIDES

You didn’t think BART — notoriously expensive for commuters — could be the source of cheap events, did you? Well, mybart.org, run by the transit system, lists a calendar of free events that take place close to BART stations. The site also gives you access to an constantly updated bevy of special discounts like two-for-one theater tickets, museum discounts, and heavily-discounted tickets to Warriors and Cal basketball games. For those of you who only respond to free, mybart.org also puts together ticket contests with different prizes each week, like the chance to win one of five preloaded $50 BART tickets.

www.mybart.org

PIER CRABBING

Hell with Fisherman’s Wharf and its giant crab sign. Forget the pricey crab dinners at local restaurants. You can learn how to be your own crusty crab-fisher, right in the shadow of the Golden Gate Bridge. The National Park Service staffers at the historic Fort Port (built in the 1850s) give free pier-crabbing demonstrations every Saturday morning from March to October. After the class, they’ll even loan you crabbing equipment so you can put your newly-learned skills to the test. Space is limited and advanced reservations are required.

Fort Point, Marine Drive, Saturdays, 10 a.m.–noon, March–Oct. (415) 556-1693 www.nps.gov/fopo

THE HISTORY OF BAY AREA ROCK ‘N’ ROLL

Feeling nostalgic? You can get a taste for the era when the Bay Area and the psychedelic music scene were the center of the rock ‘n’ roll universe at the Museum of Performance and Design’s free history exhibit “Something’s Happenin’ Here: Bay Area Rock ‘n’ Roll 1963-73.” On display at this one-of-a-kind exhibit are the full-size original painting that made in onto the Grateful Dead’s “Anthem in the Sun” album cover, costume pieces worn by stars like Janis Joplin and Sly Stone, and original posters from the Fillmore and the Avalon Ballroom, along with a collection of previously unseen rock photos. Visitors can also listen to rare audioclips and watch vintage film footage they probably never knew existed. Exhibit runs through Aug. 28. It’s free, but the museum suggests a $5 donation.

Museum of Performance and Design, Veterans Building, 401 Van Ness, Fourth Floor. Wed.–Sat., noon–5 p.m. www.mpdsf.org

AMERICAN BOOKBINDERS MUSEUM

If you’re really looking for a blast from the past, check out the free exhibit at this little-known museum. Bookbinding is the art of physically assembling and sewing the pages and spine of a book by hand — a skill that was made essentially obsolete (at least, for the purpose of mass-production) with the dawning of the Industrial Revolution. But the nonprofit American Bookbinders Museum, part of a working bookbindery that still practices this art, documents the history of how books used to be put together with exhibits celebrating the skilled artisans who bound books, samples of vintage papers, and a maze of large and terrifying-looking 19th- and early 20th-century binding and cutting machines (many of which could cut off all your fingers in one go if you stood too close).

1962 Harrison at 16th St., Saturdays, noon–4 p.m. and by appointment, (415) 710-9369. www.bookbindersmuseum.com

SAN FRANCISCO BICYCLE COALITION

Unless you want to walk, there’s really no cheaper way to get around town than on a bicycle. And for the tens of thousands of San Franciscans who use bikes as their main mode of transportation, the Bike Coalition is a co-op knight in shining armor. The advocacy group, whose members successfully fought more than 200 miles of bike lanes in the city as well as bike access on Muni and BART, also puts on and sponsors a handful of events each month such as free urban cycling workshops to help you navigate the city streets safely, themed guided bike rides, and many other bike-friendly events. Membership starts at $35 per year, but many of their events are free for nonmembers or for a $5 donation.

www.sfbike.org

D-STRUCTURE

Owned by former pro skater and X-Games judge Azikiwee Anderson, D-Structure in the Lower Haight blurs the line between retail store, art gallery and performance space in a big way. Every month, this self-described “lifestyle clothing brand culture store” lets local artists take over the space and use the entire store as their canvas. For launch parties, which take place several times each month, the merchandise displays of urban hoodies and t-shirts and hip beanies are pushed to the walls to make room for DJs and events that range from art openings with live painting to indie rock shows, hip hop album release parties and film screenings. And did we mention the open bar? During its nighttime events, most of which are free and open to the public, D-Structure has been known to bring in a truck load of beer; that’s what happened on New Year’s Eve.

520 Haight, 415-252-8601, Mon.–Sat., noon–8 p.m.; Sundays, noon–6 p.m. www.d-structuresf.com

Johnny Funcheap runs FunCheapSF.com, a free SF-based service that uncovers and shares a hand-picked recommendation list of more than 50 cheap, fun, unique Bay Area events each week.

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Drink early and often

Five great happy hours that offer bargain booze — and amazing food deals

By Virginia Miller

BAR CRUDO’S HAPPY HOUR

About the best crudo (and some of the best seafood) anywhere, Bar Crudo’s new digs on Divisadero Street provide ample room for you and your friends. You want to go at happy hour; there’s free food and you can also get sweet deal on what is arguably one of the best seafood chowders around. A creamy bowl rich with fish, mussels, shrimp, squid, potatoes, and applewood-smoked bacon goes for $5 (normally $14). Oysters from British Columbia, Prince Edward Island, and Washington are normally $2.50 each, but only $1 during happy hour. Beer and wine specials rotate, $5 for wine or $3 for beer — and we’re not talking PBR. Bar Crudo is known for a broad selection of Belgian and artisan beers, not to mention some beautiful wines.

Mon.–Thurs., 5–6:30 p.m. 655 Divisadero.415-409-0679. www.barcrudo.com

SEAFOOD HAPPY HOUR AT SWELL

For happy hour with a touch of class — and an affordable price — you can’t beat Swell, a delightful, under-the-radar crudo/seafood restaurant. The post-work crowd gets $1 oysters — and not just any oysters, but our own local Point Reyes’ bivalves. There’s ceviche with kampachi and butterfish or mackerel bruschetta with garlic-ginger oil ($8 each). For imbibing, sip $6 Bellinis and Kir Royals or $6 glasses of chardonnay, syrah, or rosé.

Mon.–Thurs., 5–7 p.m. 603 Bush. 415-956-0396. www.swellsf.com

AVENUE LOUNGE’S FREE BRATS ON SUNDAYS

I’ll give you three words: bacon bloody marys. That alone makes it worthwhile trekking to Outer Sunset’s Avenue Lounge on a Sunday. But it gets better: buy any of the $3 well drinks or draft beers ($5 to upgrade to Belvedere or Hennessy in your cocktail) and they’ll throw in free brats and chips. Yes, you heard right: dogs, beer, and football on the flatscreens for $3. At that price, you could settle in all day.

Sundays, 10a.m.–2 a.m.. 1334 Noriega. 415-731-3757

NAMU’S FREE-FOOD MONDAYS

Monday night is free food night at Namu, the Richmond District’s gem of an Asian fusion restaurant that combines Korean and Japanese cooking techniques with Cali-fresh cuisine. With an order of sake, beer, or glass of wine, you can nibble on what Namu is dubbing “drinking food”: bite-size tapas, skewers, and spreads with Asian flair. If you can’t stay out late on a Monday night, there’s a weekday happy hour from 5-7 p.m.

Mondays, 9:30–10:30pm. 439 Balboa. 415-386-8332.www.namusf.com

DOSA ON FILLMORE’S SOUTH INDIAN HAPPY HOUR

This Pac Heights wing of Dosa has the feel of a chic London Indian restaurant, with striking chandeliers and gorgeous Indian-influenced cocktails. The happy hour rocks with a rotating selection of beer (like India’s Kingfisher), wine (maybe a Dona Paula Argentinean malbec) and, yes, those cocktails (how about “Mood Indigo,” i.e., Buffalo Trace bourbon, jackfruit marmalade, Angostura bitters, and a splash of sparkling wine) for a mere $5 each. For the same price, there’s a range of South Indian snacks like cochin calamari sautéed in coconut milk and served with a julienned salad, or a mung sprout salad with fresh lentils, tomatoes, ginger, cucumber, grated coconut, chile, and mustard-seed oil.

Mon.–Thurs., 5:30–7 p.m. 1700 Fillmore. 415-441-3672. www.dosasf.com.

Virginia Miller writes about food for sfbg.com and offers advice for great meals at theperfectspotsf.com

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Drinks on the cheap

By Caitlin Donohue

“No nation is drunken where wine is cheap, and none sober where the dearness of wine substitutes ardent spirits as the common beverage.” So said our illustrious forefather and part-time debaucher, Thomas Jefferson, on the importance of happy hour. We are proud of the brave bar-owning San Franciscan souls who have held true to his vision of a nation built on cheap booze and high spirits. Here assembled are their numbers, true patriots that they are.

BAR ON CHURCH

Some days you want to get drunk and throw peanut shells on the floor. This is a practice aided and abetted by the B.O.C., which serves up 50 cent PBR’s (that elixir from the heavens for the broke-as-hell contingent) and free peanuts from 4-8 p.m. on Saturdays. Sit down, throw one back and get nutty with it.

198 Church, SF. (415) 355-9211. www.thebarsf.com

TSUNAMI SUSHI

With more than 100 sake bottles on the menu, Tsunami is usually off-limits to those with holes in their pockets. Not so during happy Hour (Mon.-Fri. 5-8 p.m., Sat. 6-9 p.m.) when all bottles and selected maki rolls are half off. Try the Sho Chiku Bai nigori sake, a sweet, creamy, unfiltered 720 ml that’ll only run you $16 — ureshii yo!

Mon.–Fri. 5–8 p.m., Sat. 6–9 p.m. 301B King, SF. (415) 284-0111. www.dajanigroup.net

EL RIO

Ah, Mondays at El Rio. If shuffleboard and easy access to cheap burritos isn’t enough to pull you Outer Mission-ward, than peep their very special Monday happy hour: $1 Pabsts, $2 wells all the live-long day. Get you in with that and then tell us you can’t hang with the hipster hangouts.

3158 Mission, SF. (415) 282-3352. www.elriosf.com

KYOTO SUSHI

Japanese businessmen have a reputation for sealing big deals utterly, blackout snookered. Something about how you can only really know a man when he’s being slapped by the waitress for being fresh or passed out drooling on your suit jacket. At any rate, sushi restaurants like to get you drunk. Check out Kyoto, where the anytime special of draft Sapporos for 99 cents will compel you to raise one to the salaryman.

1233 Van Ness, SF.(415) 351-1234. www.kyotosushi-sf.com

BRAIN WASH LAUNDROMAT

Now here’s a multitask for you: get drunk, listen to good music, and wash your clothes. Only one spot in the city where that’s a go — and to celebrate the lineup of fresh tunes and clean threads, Brain Wash Laundromat is offering $1 Pabst during happy hour and $3 wine glasses all the time. Drop by for its acoustic open mic nights Tuesdays at 7 p.m.

1122 Folsom, SF. (415) 861-3363. www.brainwash.com

BEAN BAG CAFE

Not only does this sunny, warm café serve the most bangingest breakfast burrito and plethora of bean blends in the city, the folks there have a soft spot for the low-income set. Bean Bag proves it with $1.75 Stella Artois and 21st Amendment beers on tap; just the ticket for easing your way through that mid-afternoon caffeine-booze transition. Just don’t spill on the laptop and you’re golden, you pillar of the community, you.

Bean Bag Café. 601 Divisadero, SF. (415) 563-3634 *

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How to fight foreclosure

By Caitlin Donohue

You’ve finally found your dream home, an apartment so well-loved even you can afford it. You settled in, cleaned the carpet, set the mouse traps … and then the eviction notice arrives: your landlord’s been foreclosed on. And the bank that owns the place now wants you out.

It’s happening a lot in this city, where tenants get caught in the financial meltdown through no fault of their own. But don’t panic: in most San Francisco buildings, foreclosure isn’t a legal grounds for eviction. But you’ll have to stand up for your rights.

Here’s what the San Francisco Tenants Union advises:

•If you sense your landlord’s at the brink of foreclosure, watch for telltale signs: realtors checking out the property or repairs that go unresolved. Keep in mind that lack of money is no defense for maintaining property, so call the Department of Building Inspections at 415-558-6200 for help with holding property-owners to their repair responsibilities.

•Once the eviction notice due to foreclosure arrives, find out if you are covered by rent control. If you aren’t (if your rental was built after 1979 then you definitely aren’t) the bank has the power to evict you within 90 days. If you do have rent control, you have eviction protection. This means the bank can’t evict you or raise your rent.

Unfortunately, the bank might not know that if it’s based outside the city or state. Ignore the letters to vacate and contact the bank of its property agent directly to let them know you have protection. Then file a wrongful eviction petition with the SF Rent Board, which also handles cases from Oakland, Berkeley and West Palo Alto (forms available at the office at 25 Van Ness, SF or online at www.sfgov.org/rentboard).

•Rent control or no, landlords can only collect rent on foreclosed properties until the deed of trust has gone to the bank. Determine who has control of your property to avoid paying rent twice. This information is available at the City Assessor’s Office at 415-554-7915. Send letters to the bank and to your landlord saying you have the money but don’t know who to pay. Until you can determine who has control, don’t pay rent.

For more resources, check out SF Tenants’ Union Web site at www.sftu.org.

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Avoid check-cashing fees

By Caitlin Donohue

ATM charges, big old monthly fees, frustrating commercials — oh Lord, save us from these banks! But you can’t live without ’em either — the average unbanked American spends 5 percent of his or her income at the check-casher. In San Francisco, we drop a total of $40 million a year accessing our own money — not to mention how much goes toward money order fees.

Enter the Bank of San Francisco, the mayor’s brainchild that allows city residents to open a checking or savings account for $5 a month or less. The bank is open to those without Social Security numbers as well as residents who have a poor record with accounts in the past. Go to www.bankonsf.org for more information on the program, or keep an eye peeled for one of the 140 participating city banks that have a “Bank on SF” sign in their window. There’s no reason to pay check-cashing fees any more.

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Food so cheap, it’s free

Let’s level here: how broke are you? Two-for-one beers and discounted oysters are all well and good for the casually unmonied, but there are times when one needs a real deal on nutrition — like, food that really is free. If we’ve got your number, here’s the Web site for you: www.freeprintshop.org, whose printable calendar lists 20 organizations that dish up meals open to all comers, including Food Not Bombs’ vegetarian dinners, which are served four times a week in U.N. Plaza. Free Print Shop gets the posthumous thumbs-up from Abraham Maslow: the up-to-date info on shelters, mental health, and neighborhood resources in the city has the bottom tier of your hierarchy of needs covered. Except for maybe the sex part; that might be another Web site. (Caitlin Donohue)

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Inner peace, by donation

It is said that whenever Buddha would speak to an audience that had not yet recognized him as their spiritual teacher, he would first expound on the concept of dana, or giving. If the listeners were unable to grasp this basic principle, he knew they weren’t ready for the Four Noble Truths.

Would that all yoga studios were this enlightened. I mean, $20 for 90 minutes of inner peace?

We are lucky that with a little bit of looking one can find financially accessible ayurveda even here, in the city of yoga-yuppies. Case in point: Yoga to the People, whose beautiful new Mission District studio (and fixture Berkeley location) offers three classes a day by donation, some of them by candlelight and all of them dana approved. And they’re not the only ones. Here’s a list of places that will relieve that tension you’ve been holding, including the strain in your wallet. (Caitlin Donohue)

YOGA TO THE PEOPLE

Class schedule online, donations

2673 16th St., SF

64 Shattuck, Berkeley

www.yogatothepeople.com

GREY AREA FOUNDATION FOR THE ARTS

Mondays, 6-7:30 p.m., donations

55 Taylor, SF

www.gaffta.org

SPORTS BASEMENT

Sundays, 1-2:30 p.m., free

1590 Bryant, SF

(415) 575-3000

LAUGHING LOTUS

Mon.-Fri. 2:30–3:45 p.m., donations

3261 16th St., SF

(415) 335-1600

www.laughinglotus.com

SATORI YOGA STUDIO

Mondays, 4:15– 5:15 p.m., free

40 First St., SF

(415) 618-0418

www.satoriyogastudio.com

PURUSHA YOGA

Saturdays, 11 a.m., free

Main entrance of Botanical Gardens

Golden Gate Park

Ninth Ave. and Lincoln Way, SF

(415) 694-8412

www.purushayoga.org

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Learning to love the rec centers

With free gyms, darkrooms, and play areas, city rec centers may be the athlete (or artist’s) answer to the bum economy

By Molly Freedenberg

I’ve always though of recreation centers as places where kids took cheap summer camp classes or attended awkward junior high school dances. But these city-funded centers are actually some of the coolest, most affordable, and least appreciated resources any community has to offer — and especially so in San Francisco.

From weight rooms and basketball courts to dance studios, dog parks, and performance-ready auditoriums, SF’s neighborhood centers offer a variety of resources for budget-conscious adults as well as their kids. Use of most facilities is free (or, on rare occasions, costs a nominal fee) and classes and workshops are priced low with a sliding scale and scholarship option.

Why does the city allocate $34.5 million in general fund support to maintain these centers every year? According to Elton Pon, spokesperson for the Recreation and Park Department (which also oversees public spaces like Golden Gate Park and Coit Tower), “they keep the city sane.”

We’ve outlined the resources at some of our favorite centers, but check parks.sfgov.org for a full list, sfreconline.org for programs, or call (415) 831-5520 for information on renting rec center buildings.

CHINESE RECREATION CENTER

This Nob Hill neighborhood center caters primarily to youth in Chinatown, which is most apparent weekdays after 3 p.m. when its gym areas fill up with teenage boys. But everyone can enjoy volleyball, basketball, and even dance in its indoor gym, outdoor hoops, and mini weight room. The secret to getting some grown-up time? Visit early on weekdays or after 7 p.m.

1199 Mason. (415) 292-2017

EUREKA VALLEY REC CENTER

Well-maintained and recently renovated, this Castro District facility is a favorite for its resources and fantastic location (there’s a grocery store right next door, not to mention the full Castro shopping corridor a block away). Parents love that the indoor and outdoor play areas are especially good for toddlers. Dog-owners love the enclosed dog run. Sporty adults appreciate that the basketball court is regularly relacquered, while event planners focus on the auditorium with raised stage and 70-seat capacity. Special bonuses? An LGBT Teen Center and an especially girl-friendly gym scene.

100 Collingwood. (415) 831-6810

HARVEY MILK ARTS CENTER

Geared more toward artists than athletes, this recently reopened center in Duboce Park is a dream-come-true for creative-leaning folks on a budget. With dark room, dance studio, costume room, meeting spaces, and variety of other opportunities, HMAC is a fantastic and affordable alternative to adult education courses, expensive dance studios, and booked-up theater spaces.

50 Scott. (415) 554-9523

MISSION REC CENTER

This hidden gem, often overlooked by athletes headed to Mission Cliffs, offers everything your K-12 schools did — without the homework or early call-time. Mission Rec provides a weight area, ping pong tables, squash courts, a dance studio (complete with floor-to-ceiling mirrors and enclosed storage space), basketball court, outdoor playground area, and a full auditorium with stage and curtains (and food prep area).

2450 Harrison. (415) 695-5014

POTRERO HILL REC CENTER

Most people notice the baseball fields first — a full-block expanse of green, grassy oasis in the center of what’s still mostly an industrial area. But this city property also offers a well-maintained indoor basketball court, recently revamped playground, decent tennis courts (though lights rarely work), and a dog-friendly area that notoriously extends to the rest of the park when games aren’t in session. Not feeling sporty? Check out the infamous mural of O.J. Simpson (who apparently used to frequent the park as a kid) or the fantastic view of the city and the bridge from the south/southeast end of the park.

801 Arkansas. (415) 695-5009

RICHMOND REC CENTER

Catering primarily to the very young and the very old, people in the middle can certainly appreciate this classic neighborhood meeting spot. Play badminton, volleyball, or take advantage of the dance studio (where many city dance programs are held). Or just people-watch: weekdays are great for spying toddlers in the big indoor play area or quieter play-and-craft spot; weekends are when older Asian ping pong masters take over.

251 18th Ave. (415) 666-7020

UPPER NOE REC CENTER

Newish, bright, and clean, this well-loved and well-funded facility also is one of the few with its own Web site (hosted by friends of the Noe Valley Recreation Center). The bright, shiny spot offers indoor and outdoor basketball courts, a playground, baseball field, tennis court, dog park, and (according to parents-in-the-know), an inordinately nice sandbox. Indeed, this spot is known for being especially good for babies and toddlers. Another bonus? A multipurpose room that can be rented for small events features an A/V system, stage area with upgraded theater curtains, and a large movie screen with a projector.

30th Sreet, west of Church. (415) 695-5011. www.noevalleyreccenter.com

Cheers!

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Cheers!

arts@sfbg.com

THEATER It’s hardly news, but holiday shows can be fairly dreary treats. Given such periods of seasonal affective disorder as the theater may present, it’s a genuine surprise and pleasure to discover the wit and wile strutting the boards at SF Playhouse — tucked into a far corner of Union Square somewhere just north-by-northwest of that big Christmas tree — where the season offering is a sparkling production of David Greenspan’s She Stoops to Comedy.

Mercifully, the plot has nothing to do with yuletide or smiling through a bad case of rickets. Instead, it concerns a lesbian stage actress named Alexandra Page (male actor Liam Vincent) who decides to disguise herself as a man and try out for Orlando in a summer stock production of Shakespeare’s As You Like It, in order to play opposite her estranged lover, Alison (Sally Clawson), in the part of Rosalind — another cross-dresser twice over since Shakespeare’s character is a woman disguised as a man in a part played, historically, by a boy. Playing opposite, in short, is just what Alexandra does, convincing everyone she is a man — including a besotted middle-aged gay actor named Simon Lanquish (Scott Capurro) — while spying on and ultimately seducing, in seemingly old heterosexual fashion, her charmed lover and costar.

Meanwhile, other romances abound in ways at least as complicated: Alexandra’s ambitious young director Hal (Cole Alexander Smith) and creatively frustrated assistant-and-girlfriend Eve Addaman (Carly Cioffi) balance careers and romance in precarious turn. And a highly affected actress named Jayne Summerhouse (Amy Resnick) seeks to rekindle an old flame with her seeming-opposite of the same sex: the literally down-to-earth archeologist Kay Fein (Amy Resnick) — an encounter that promises sparks, not least because it features only one actor.

But gender, identity, and blocking aren’t the only challenges put forth by Greenspan’s play. In She Stoops to Comedy, even the script is up for grabs, rewriting itself as it goes along through the caprice of characters who are liable to speak to, as much as from, their respective roles. (Kay, for instance, changes decades and job titles with relative ease.) Cunningly employing Shakespeare and other literary touchstones — in particular a 1910 play by Ferenc Molnár called The Guardsman — She Stoops traipses over aesthetic and even philosophical ground after its carefree but astute fashion. It’s a self-consciously theatrical enterprise that gleefully eschews expectations, squirming pleasantly under the usual theatrical artifice as if looking to satisfy a really good itch.

A dazzling bit of low-key stagecraft, She Stoops is a tall order for any company. In director Mark Rucker’s staging, the action comes off as a pitch-perfect balance of wit and wonder, a loving riff on acting, connecting, and the role of the imagination in art and life. Heady and hilarious at once, it’s metatheater with a pulse, sporting plenty of fine opportunities for an exceptional cast — beginning with Liam Vincent, whose poise and subtlety in the lead are perfection — and including a couple of memorable scenes of actorly pyrotechnics exquisitely realized by Capurro and Resnick, respectively.

SHE STOOPS TO COMEDY

Through Jan. 9

Tues., 7 p.m.; Wed.–Sat., 8 p.m. (also Sat, 3 p.m.), $40

SF Playhouse

533 Sutter, SF

(415) 677-9596

www.sfplayhouse.org

Editor’s Notes

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Editor’s Notes

Tredmond@sfbg.com

The new police chief, who started out with a lot of promise, has been sending some very bad signals the past week.

Chief George Gascón told us earlier this month that he was sympathetic to the efforts of Sup. David Campos to protect immigrant kids from deportation. He also said he agreed that the cops and probation officers shouldn’t be deciding when to call in the federal immigration authorities. Yet now that the mayor said he will defy the Campos legislation (see page 11), Gascón told the San Francisco Chronicle he’s siding with Newsom. That’s a pretty cosmic wimp-out — and it only took a few days.

Then there’s the shake-up of top staff — which looks to me like a total cave-in to the Police Officers Association. The POA types (who have been associated with a lot of bad stuff over the years) got tough-guy cop Greg Corrales assigned back as captain of Mission Station (where he got in trouble during the Fajitagate scandal, but ultimately faced no discipline. They got Greg Suhr, who had been demoted on a pretty bogus technicality, a new career shot as captain of the Bayview station.

Paul Chignell, one of the rare almost-liberals in the department who was doing a good job at Taraval Station, has been exiled to the night shift. Al Casciato, who supported community policing, has been bounced out as captain of Northern Station in the Western Addition. "This completely belies Gascón’s promises about community policing," Sup. Ross Mirkarimi told me. "These unannounced and unplanned rotations (of district captains) undermine the whole community-policing idea."

And perhaps most alarming, the chief wants to bring back the old SFPD intelligence unit — once again turning local cops into spies.

The intelligence squad was a nightmare. Back in the early 1990s, an intel cop was spying on Arab American and Palestinian groups and passing along the data to the private Anti-Defamation League of B’nai B’rith. Cops were spying on peace activists and protesters. They even had a file on me. When all that started to come out, the city properly shut the spy shop down.

Now Gascón wants to bring it back, citing fears about terrorism. As if there aren’t enough government agencies spying on people already. And SFPD has enough trouble solving murders and keeping its own house in order — opening a spy agency is a really, really bad idea.

Gascón is also refusing to tell Mirkarimi and the other supervisors how much taxpayer money gets spent sending officers around with the mayor as he campaigns up and down the state. I could argue that the Newsom for Governor campaign ought to reimburse the city for those expenses — but Gascón won’t even produce a gross figure. His claim: Telling the taxpayers how much the mayor’s security detail costs threaten Newsom’s security.

I don’t buy it. We’re not asking for protection plans, schedules, deployments, or anything else — just a bottom-line cash number. SFPD doesn’t need spies or a black budget. If Gascón thinks that style is going to work here, he’s going to run into trouble, quick.

Vanishing points

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› a&eletters@sfbg.com

ESSAY/REVIEW There is a wry but hilarious scene near the very end of Roberto Bolaño’s novel 2666 (Farrar, Straus and Giroux; 912 pages; $30), in which a French literary critic finds a German writer, Archimboldi, lodging at what the critic calls "a home for vanished writers." After checking into a room at the large estate, the elderly vanished writer wanders the grounds, meeting with the other vanished authors, residents whom Archimboldi finds friendly but increasingly eccentric. Gradually it dawns on Archimboldi that all is not as it seems. Walking back to the entrance gate, he sees, without surprise, a sign announcing that the estate is the "Mercier Clinic and Rest Home — Neurological Center." The home for vanished writers is an insane asylum.

As we enter the Obama era, with all its promise of "change," I’ve found it impossible to read 2666 without being haunted by the memory of those who vanished into the lunatic asylum of the long George W. Bush years — not just the nameless and unlucky left to rot in the Bush administration’s secret torture cells throughout the world, but also those who disappeared right here at home. For instance, a guy I worked with a couple of years ago. One day he was training me on the job, and a week or so later he was in a federal prison, labeled a "terrorist" — which in his case meant that he edited a Web site called Stop Huntingdon Animal Cruelty.

There were other ghosts, those who vanished after refusing to speak to grand juries. They were rumored to have gone over the border, or back to the land, or who knows where, their very names now superstitiously verboten to speak out loud, lest we bring the heat down on ourselves. Now that Obama is here and everybody is eager for "change," who will remember the once-bright hopes and dreams of the generation that beat the World Trade Organization in Seattle at the dawn of this decade — the hopes that would later be chased down and gassed and beaten by riot police under cover of media blackout in the streets of Miami, St. Paul, or countless other cities? Of course, there were the suicides and overdoses, and other kinds of disappearances, different but related, too: the abandoned novels, or the guitars taken to the pawnshop. Three people in my community jumped off bridges. Only one survived. The human toll of the Bush years in my life has been enormous.

Watching the celebrations in the streets of the Mission District on election night in November, I could tell all of this was soon to be trivia. I saw a virtually all-white crowd of completely wasted people take over the intersection at 19th and Valencia, shouting "Obama!" and dancing in the street. In one way, this scene was touching: the spontaneous gathering was a product of the true feelings of human hope that people have for a better world. Yet the moment already had the scripted feel of something self-conscious or mediated, like the Pepsi ad campaign it would soon become. I had a sinking realization: those of us who have spent eight years battling the post-9/11 mantra of Everything Is Different Now were now going to soon be up against a new era of, well, Everything Is Different Now.

The narratives we tell ourselves about our country are important. Just when a Truth and Reconciliation Committee is most needed to write a detailed narrative of the Bush era’s torture, spying, illegal war, and swindling, I could already see the opportunity for that kind of change slipping away into the blackout amnesia aftermaths of the street parties taking place all across the nation. The election of a president of the United States from among the ranks of the nation’s most oppressed minorities has offered the country a new triumphant storyline. We have symbolically redeemed our sins against civilian casualties and third world workers, without too much painful self-examination. I could see that Obama’s brand of change was really so seductive because it offered a chance to change the subject.

Like Ronald Reagan, elected while the U.S. was mired in recession and post-Vietnam soul-searching, Barack Obama developed campaign narratives that made the U.S. feel good about itself again. Obama guessed correctly that national morale is low partially because we don’t want to deal with the nameless guilt we feel from the atrocities Bush and company committed in our names. Accordingly, he stated during his campaign that he would not pursue criminal prosecution of members of the Bush administration. Nor has Obama questioned the preposterous idea that we can win either a War on Terror or the war in Afghanistan. If you think about it, "Yes We Can" — his campaign’s appeal to good old American can-do spirit — isn’t far off in substance from Bush’s faith-based convictions about U.S. power. Both Bush’s crusade to make democracy flower in the desert of Iraq and Obama’s notion that the auto industry could save itself — and the planet! — with electric cars are fantasies that appeal to our sense of pride about being the richest and most powerful.

When a country that is owned by China and is getting its ass kicked simultaneously by ragged guerilla armies in two of the most impoverished and backward parts of the world keeps finding new ways to tell itself that it’s the richest and most powerful country, it is in deep trouble.

When political leaders and journalists seek to generate false narratives for our consumption and comfort, the difficult task of remembering the truth falls to literature.

Roberto Bolaño completed 2666 in 2003, shortly before he died, too poor to receive a liver transplant, at the age of 50. Born in Chile, Bolaño counted himself a member of "the generation who believed in a Latin American paradise and died in a Latin American hell," and was himself something of a vanished writer. Briefly jailed during the 1973 coup in which Gen. Augusto Pinochet overthrew the popularly elected socialist government of Salvador Allende, Bolaño wandered in exile from Mexico City to Spain, working variously as a janitor and a dishwasher, entering obscure literary competitions advertised on the backs of magazines, while his generation was consumed by Pinochet’s secret prisons and torture cells.

Fittingly, disappearance is perhaps the main action of characters in Bolaño’s works, from the vanished fascist poet and skywriter in 1996’s Distant Star (published in English by New Directions in 2004) to the entire romantic generation of doomed Mexican poets and radicals followed across the span of decades and continents to its vanishing point in a desert of crushed hopes in 1998’s The Savage Detectives (published in English by Farrar, Straus and Giroux in 2007). In 2666, the terminally ill Bolaño wrote as if in an urgent race against the moment of his own departure, unwilling to leave anything out, as if he wanted to save an entire lost underworld from banishment. Taking on every genre from detective noir to the war novel to romantic comedy in an exhilarating, nearly 1,000-page race to the finish, the book is Bolaño’s epic of the disappeared.

The periphery of 2666 teems with Bolaño’s archetypal lost and doomed, a host of minor characters including a former Black Panther leader turned barbecue cook, various Russian writers purged by Stalin during World War II, a Spanish poet living out his days in an asylum, and an acclaimed British painter who cuts off his own hand. There are the usual obscure literary critics and lost novelists, and we even briefly meet an elderly African American man who calls himself "the last Communist in Brooklyn." This last communist could speak for all of Bolaño’s lost and departed when he explains why he presses on: "Someone has to keep the cell alive."

The book’s action, however, centers upon the unsolved serial killings of hundreds of women in the fictional Mexican border city of Santa Teresa during the late 1990s, events based on real-life unsolved killings in Juarez, Mexico. The majority of the women murdered in Juarez were workers at the new factories along the border with the United States, the unregulated maquiladoras that have sprung up in the wake of the North American Free Trade Agreement.

In the book’s longest section, "The Part about the Crimes," we learn the names, one by one, of 111 of these murdered women. In terse, police-blotter language, Bolaño describes the crime scenes — the girls’ clothing, their disappearances, and the police investigators’ attempts to construct the last hours of their lives. Their bodies are discovered slashed, stabbed, bound, gagged, and always raped, in ditches, landfills, alleys, or along the side of the highway. Seen from these vantage points, Bolaño’s Santa Teresa is a disjointed place, seemingly patched together from snatches of barely remembered nightmares. Shantytowns and illegal toxic dumps spring up everywhere in "the shadow of the horizon of the maquiladoras." It is a city that is "endless," "growing by the second," a new type of urban zone in a Latin America that has become a laboratory for free trade policy experiments. It is a city made unmappable by globalization.

Bolaño clearly intends the reader to see the disappearances as the inevitable byproduct of the cheapness of life in the maquiladora economy, yet the killings also eerily evoke the disappearances in fascist 1970s Chile and Argentina. These murders are an open secret, virtually ignored by the media. Residents almost superstitiously refer to them only as "the crimes." The Santa Teresa police respond to the killings with a staggering indifference and ineptitude that might suggest complicity. The maquiladoras are ominous, hulking windowless buildings often in the center of town, not unlike the torture cells once hidden in plain sight in Buenos Aires (Bolaño even names one of them EMSA, an obvious play on Argentina’s most notorious concentration camp, ESMA), and many of the women’s bodies are discovered in an illegal garbage dump called El Chile. 2666 suggests that the unrestrained capitalism of the free-trade era is the ideological descendent of the 1970s South America state repression from which Bolaño fled, and that the killings in Santa Teresa are in part a recreation of the Pinochet-era disappearances.

While the scenes Bolaño describes are grisly, his language is clinical, the cold camera eye of the lone detective gathering evidence. The collective impact of story after story starts to accrue into its own profoundly moral force. By giving name and face to hundreds of disappeared women, Bolaño suggests that literature is a political response, a way to make wrongs right by bearing witness. While it would certainly be a mistake to read 2666 strictly as a political tract, Bolaño explicitly ties writing to justice in a rambling digression about the African slave trade. A Mexican investigator of the killings points out that it was not recorded into history if a slave ship’s human cargo perished on the way to Virginia, but that it would be huge news in colonial America if there was even a single killing in white society: "What happened to (the whites) was legible, you could say. It could be written." For Bolaño, the search for justice is partially about who can be seen in print.

At a literary conference in Seville six months before his death, Bolaño joked that his literary stock might rise posthumously. Sure enough, Bolaño the man has, ironically, vanished after his untimely death, lost in the fog of fame in the English-speaking world. Mainstream critics call his work "labyrinthine" — perhaps English-language critics’ stock adjective for Latin American writers — in a rush to "discover" a new Borges. Bolaño was a high-school dropout who bragged of discovering literature by shoplifting books. He claimed to be a former heroin addict who hung out with the FMLN in El Salvador. His genius deserves comparison to the great Borges, but it’s safe to say that, unlike Borges, a literary lapdog of Argentina’s generals, Bolaño would never have addressed the military leaders of the fascist Argentine coup as "gentlemen." Bolaño wrote without a net, over the abyss of atrocity into which his generation vanished. He did so in an effort to make a literature that recorded for all time where the bodies were buried. As a female reporter in 2666 says, "No one pays attention to these killings, but the secret of the world is hidden in them."

The dangers of believing false narratives should be evident by now. In the wake of our current financial collapse, it is now widely understood that the U.S.’s sense of itself as the richest and most powerful nation in the world has been kept artificially afloat in the recent past by the import of cheap goods and credit from China. These cheap goods are manufactured under labor and environmental conditions much like those of Bolaño’s maquiladoras — conditions we tell ourselves we would never allow here at home, yet which are vital to our economic survival. Dealings with China have, instead, spread repressive tactics in reverse back to corporations from the United States, such as when Google memorably agreed to remove all reference to the 1989 Tiananmen Square massacre from its Google China site.

There is a crucial difference between hope and self-delusion. In its dogged search for uncomfortable truth, 2666 creates a hard-won hope that is different from the way in which that word manifests on the campaign trail. It respects the hope that truth matters, that staring it down can provide the shock of self-awareness that makes real change possible.

In the meantime, there is the hope of literature itself. In 2666, Bolaño devotes a scene to one of his disappeared characters, a Spanish poet who lives out his days in an insane asylum in the countryside. The poet’s doctor — who in a classically deadpan Bolaño twist tells us he is also the poet’s biographer — reflects on the asylum the poet has vanished into. "Someday we will all finally leave (the asylum) and this noble institution will stand abandoned," he says. "But in the meantime, it is my duty to collect information, dates, names. To confirm stories." *

Erick Lyle is the author of On The Lower Frequencies: A Secret History of The City, out now on Soft Skull Press.

Will Bay Area Dems block CIA reform?

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panetta.jpg
Leon Panetta was a longtime congressman
from Monterey, widely respected for his intelligence
and integrity, before joining the Clinton Administration.

By Steven T. Jones

President-elect Barack Obama sent a clear reformist message by selecting Leon Panetta to head the Central Intelligence Agency, and Senate Intelligence Committee chair Dianne Feinstein responded with an equally clear message that she intends to block meaningful reform of this country’s disgraceful imperial overreach.
It’s not surprising. Feinstein has always been a faithful servant of the rich and powerful, and since 9/11 she’s been complicit in the Bush Administration’s illegal approach to the “war on terror” – implicitly condoning illegal spying, torture, assassinations, and fabrication of the casus belli in Iraq — while personally profiting from U.S. wars.
Also complicit in this unconstitutional mess is San Francisco’s other top congressional Democrat, Speaker of the House Nancy Pelosi, who knew about Bush’s warrantless wiretapping all along, did nothing to stop or expose it, and single-handedly blocked the impeachment of George W. Bush and Dick Cheney.
The question now is whether Obama, with the help of the progressive movement that helped elect him, can overcome these powerful defenders of the status quo. Because only a respected outsider (at least during the Bush years) like Panetta – rather than the intelligence community insider Feinstein wants – can credibly repair the damage and set a new course for this country.

I die

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› kimberly@sfbg.com

TV EYED Can’t live with ’em, can’t turn on the glass teat without spying a rerun. Still, the wasteland boasts a few reality TV characters worth studying.

THUS SPAKE ZOE-THUSTRA


Kill me now, club me with a Balenciaga handbag, drive a stake through my heart, and kick me into a coffin in a fabulous Ossie Clark caftan and a Biba head-wrap. Yes, you are driven bananas by the stylist-to-the-starz Rachel Zoe’s cute-speak, which rivals TV’s other Rach, namely Rachael Ray. But you found yourself surrendering to the too-easily-ridiculed, unrepentantly shopaholic Zoe-ster, who mostly resembles a heavily lashed, butterscotch Pekinese in vintage. The killer combo of her tearful, puffy, well-vaselined makeup-time confessionals to her adorable Prince-ling of a hairdresser and makeup artist Joey and her not-so-latent mothering of her feuding, odd-couple assistants (self-described "psycho bitch" Taylor and not-quite-perfect prepster Brad) made me want peer all the harder behind those bug-eyed sunglasses and those fluffed-up efforts at boring ole branding. Too bad the brief, campily cartoonish docu-reality series Rachel Zoe Project has been shut down — with Bravo yet to announce its renewal or demise. I know, "I die."

MYSTERY MEET


Credit goes to the Guardian’s Johnny Ray Huston for wingmaning me toward VH-1’s The Pick-Up Artist 2 and host Mystery, whose howlingly lame pimp-styley fake-fur hats and man-bejeweled talons make him the cheesiest burger yet to be tossed on the Barbie. And Barbies are the bait for the geeks, freaks, never-kissed, and outright virgins salivating gratefully for any insight into Mystery’s hottie-pulling technique. Are Mystery’s secrets simply common sense strategies on how to charm, bedazzle, and influence others that at one time dads or mentors might have showed these social misfits? I have a hard time believing a Criss Angel-like corn-meister like Mystery is the new Casanova. In the meantime I’m enjoying all the dated ’90s-rocker ensembles and guyliner abuse that happens along the way.

BEST SERVED QUIRKY


The fifth season of Top Chef — this time set in the Big brunoise-able Apple — fires up tonight, Nov. 12, and I already have at least two toques to watch: Richard, the cuddly bear from San Diego on Team Rainbow, the show’s petite LGBT contingent. He slices through his thumb during the first challenge, yet keeps on paring, and calls Tom Colicchio a "cutie," which will doubtless win the hearts of everyone crushed out on our angry Mr. Clean. And there’s Carla, the cafe-colored caterer with the soignée yet goofy demeanor and physique of a Saturday morning kids’ show giraffe. She issued my fave quip so far: "I want to be led to do this dish, basically, by my spirit guide." Yep, a Euro invasion amps up the competition — and challenges the language juggling abilities and skill sets of the American chefs. I sense the contest coming down between the hard-bitten — and bald — purveyors of seemingly effortless sophistication and the work-horses who knuckled down to scrape their way out of dishwashing. But it’s the quirkies that bring much-needed seasoning to the newly sped-up series, already on pace with the city that never sleeps.

Reviving radicalism

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› news@sfbg.com

As the country’s economic, environmental, and political systems teeter on the brink of collapse, several Bay Area groups are reviving calls for radical solutions. And some are drawing parallels to the spirited political activity of 40 years ago.

“In my opinion, 1968 was the beginning of a process, an awakening of the questioning of social movements,” Andrej Grubacic, a globalization lecturer at ZMedia Institute and the University of San Francisco, told the Guardian.

The Great Rehearsal was a week of events from Sept. 17-25 that centered on the many protests, actions, and events of the 1960s and ’70s that are paralleled today. The event alluded to an ongoing struggle for alternatives to the failing institutions that are hurting the average American.

“Neoliberalism is this sort of clinching of the system. It is the last gasp of a dying system,” Katherine Wallerstein, executive director of the nonprofit Global Commons, told us. Wallerstein believes that deregulation is to blame for many of our economic woes, such as the housing crisis, job loss, and a volatile market.

Other recent events such as the Radical Women conference in San Francisco have highlighted the systemic causes of our economic turmoil, saying we should bail out people not banks, cancel student debt, and end home foreclosures. They went on to suggest that the bailout was just a form of jubilee for the rich.

Radical Women member Linda Averill announced at the conference that “if unions don’t take the offense now, we’re going to lose it all.” She went on to advocate mobilizing the labor movement, stating that we must band together against those sustaining the system. Other revolutionaries went even further, calling to abolish the capitalist system. RW member Toni Mendicino said the system of profit is inherently greedy and that reguutf8g it isn’t enough — we must get rid of it.

The Student Environmental Action Coalition (SEAC) is a radical student-run organization focused on solving global climate change. Many of the initiatives taken by SEAC deal with less mainstream environmental concerns, including combating coal power and promoting clean water. These previously ignored problems are pumping new life into the environmental movement. Brian Kelly, former Students for a Democratic Society organizer who now does organizing work for SEAC, told us, “The problem is the fucked-up system. (We need to) carve out a decent life through an alternative to capitalism.”

John Cronan, an organizer for the radical union Industrial Workers of the World, advocates Participatory Economics (Parecon) as an alternative to capitalism. He highlighted Parecon’s values as a solidarity-based system that abolishes the market and replaces it with participatory planning. Parecon, he says, will take into account the social costs that goods and services create; something commonly ignored in today’s capitalist system, a system many claim perpetuates the environmental crisis.

“Climate change is highlighting the system flaws,” Kelly said. He went on to place the environment and climate change as the highest priority in the upcoming presidential election, proposing green technology as the answer to the economic turmoil and global climate change taking place. The Power Vote program, he told us, supports the investment in green technologies by politicians and citizens.

The Community Environmental Legal Defense Fund (CELDF) has pushed local governments in many rural farming communities to create ordinances claiming nature as an entity that should have more political and legal prominence than property. These ordinances aim to curb pollution and provide communities with a safeguard against corporate influence.

Through similar efforts, grassroots organizations have managed to stop 59 coal-fired power plants in 2007 by persuading courts not to grant permits for the plants. This is one of many steps to contest the environmental degradation taking place.

“I believe we have reached the stage where it is time for civil disobedience,” said Al Gore, calling for people to rise up against the construction of new coal plants, speaking at the Clinton Global Initiative in March.

Gore’s call to action has prompted many activists to battle corporations and self-interested government. “The current economic and political systems are out of whack with human and democratic values,” Kelly said. “The system is exposing itself.” According to many, the system is shifting dangerously close to totalitarianism.

There’s even been a resurgence of the old Cointelpro (Counter Intelligence Program), an FBI-run spying and political sabotage program that was responsible for the arrests of 13 Black Panthers in 1973 in connection with the 1971 murder of a San Francisco police officer. The men were subjected to torture techniques similar to those used at Guantánamo Bay and Abu Ghraib.

The 13 Panthers were acquitted for lack of evidence and the case was closed. However, in 2005, with the help of the USA Patriot Act, the case was reopened and eight of the Panthers were re-arrested. John Bowman, one of the detained, announced to the press, “The same people who tried to kill me in 1973 are the same people who are here today trying to destroy me.” Former Panther Richard Brown warned audiences at the Great Rehearsal that the Patriot Act has given the government the ability to profile any ethnic group or organization, past and present, as terrorists.

“The Patriot Act was passed in the name of protecting us and our democracy. But it limits us,” Cronan said. Groups like New SDS have incorporated working against the Patriot Act through their antiwar work, and the American Civil Liberties Union (ACLU) has consistently battled against the act.

Even the Communists are back. Earlier this month, the Revolutionary Communist Party held a demonstration in San Francisco, telling the small crowd, “The world today cries out for radical, fundamental change.”

Many radical groups see opportunity in the current moment. Grubacic told us that, “The future belongs to the ones creating it in the present.” *

 

Project Censored

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› amanda@sfbg.com

The daily dispatches and nightly newscasts of the mainstream media regularly cover terrorism, but rarely discuss how the fear of attacks is used to manipulate the public and set policy. That’s the common thread of many unreported stories last year, according to an analysis by Project Censored.

Since 1976, Sonoma State University has released an annual survey of the top 25 stories the mainstream media failed to report or reported poorly. Culled from worldwide alternative news sources, vetted by students and faculty, and ranked by judges, the stories were not necessarily overtly censored. But their controversial subjects, challenges to the status quo, or general under-the-radar subject matter might have kept them from the front pages. Project Censored recounts them, accompanied by media analysis, in a book of the same name published annually by Seven Stories Press.

"This year, war and civil liberties stood out," Peter Phillips, project director since 1996, said of the top stories. "They’re closely related and part of the War on Terror that has been the dominant theme of Project Censored for seven years, since 9/11."

Whether it’s preventing what one piece of legislation calls "homegrown terrorism" by federally funding the study of radicalism, using vague concerns about security to quietly expand NAFTA, or refusing to count the number of Iraqi civilians killed in the war, the threat of terrorism is being used to silence people and expand power.

"The war on terror is a sort of mind terror," said Nancy Snow, one of the project’s 24 judges and an associate professor of public diplomacy at the Newhouse School of Public Communications at Syracuse University. Snow — who has taught classes on war, media, and propaganda — elaborated: "You can’t declare war on terror. It’s a tactic used by groups to gain publicity and it will remain with us. But it’s unlikely that [the number of terrorist acts] will spike. It spikes in the minds of people."

She pointed out that the number of terrorist attacks has dropped worldwide since 2003. Some use the absence of fresh attacks as evidence that the so-called war on terror is working. But a RAND Corporation study for the Department of Defense released in August said the war on terror hasn’t effectively undermined Al Qaeda. It suggested the phrase be replaced with the less loaded term "counterterrorism."

Both Phillips and Snow agree that comprehensive, contextual reporting is missing from most of the coverage. "That’s one of my criticisms of the media," Snow said. "They spotlight issues and don’t look at the entire landscape."

This year the landscape of Project Censored itself is expanding. After talking with educators who bemoan the ongoing decline of news quality and want to help, Phillips launched the Truth Emergency Project, in which Sonoma State partners with 23 other universities. All will host classes for students to search out untold stories, vet them for accuracy, and submit them for consideration to Project Censored.

"There’s a renaissance of independent media," Phillips said. He thinks bloggers and citizen journalists are filling crucial roles left vacant by staff cutbacks throughout the mainstream media. And, he said, it’s time for universities, educators, and media experts to step in and help. "It’s not just reforming the media, but supporting them in as many ways as they need, like validating stories by fact-checking."

The Truth Emergency Project will also host a news service that aggregates the top 12 independent media sources and posts them on one page. "So you can get an RSS feed from all the major independent news sources we trust," he said. Discerning newshounds can find reporting from the BBC, Democracy Now!, and Inter Press Service (IPS) in one spot. "The whole criteria," he said, "is no corporate media."

Carl Jensen, who started Project Censored in 1976, said the expansion is a new and necessary phase. "It answers the question I was always challenged with: how do you know this is the truth? Having 24 campuses reviewing all the stories and raising questions really provides a good answer. These stories will be vetted more than Sarah Palin."

Phillips said he hopes to expand to 100 schools within the year, and would like the project to bring more attention to the dire need for public support for high quality news reporting. "I think it’s going to require government subsidies and nonprofit organizations doing community media projects," he said. "It’s more than just reforming at the FCC level. It’s building independent media from the ground up."

Phillips likens it to the boom in microbrewed beer and the spread of independently-owned pubs: "If we can have a renaissance in beer-making, following established purity standards, then we can do it with our media, too." But for now, we have Project Censored, whose top 10 underreported stories for 2008 are:

1. HOW MANY IRAQIS HAVE DIED?


Nobody knows exactly how many lives the Iraq War has claimed. But even more astounding is that so few journalists have mentioned the issue or cited the top estimate: 1.2 million.

During August and September 2007, Opinion Research Business, a British polling group, surveyed 2,414 adults in 15 of 18 Iraqi provinces and found that more than 20 percent had experienced at least one war-related death since March 2003. Using common statistical study methods, it determined that as many as 1.2 million people had been killed since the war began.

The US military, claiming it keeps no count, still employs civilian death data as a marker of progress. For example, in a Sept. 10, 2007, report to Congress, Gen. David Petraeus said, "Civilian deaths of all categories, less natural causes, have also declined considerably, by over 45 percent Iraq-wide since the height of the sectarian violence in December."

But whose number was he using? Estimates range wildly and are based on a variety of sources, including hospital, morgue, and media reports, as well as in-person surveys.

In October 2006, the British medical journal Lancet published a Johns Hopkins University study vetted by four independent sources that counted 655,000 dead, based on interviews with 1,849 households. It updated a similar study from 2004 that counted 100,000 dead. The Associated Press called it "controversial."

The AP began its own count in 2005 and by 2006 said that at least 37,547 Iraqis had lost their lives due to war-related violence, but called it a minimum estimate at best and didn’t include insurgent deaths.

Iraq Body Count, a group of US and UK citizens who aggregate numbers from media reports on civilian deaths, puts the figure between 87,000 and 95,000. In January 2008, the World Health Organization and the Iraqi government did door-to-door surveys of nearly 10,000 households and put the number of dead at 151,000.

The 1.2 million figure is out there, too, which is higher than the Rwandan genocide death toll and closing in on the 1.7 million who perished in Cambodia’s killing fields. It raises questions about the real number of deaths from US aerial bombings and house raids, and challenges the common assumption that this is a war in which Iraqis are killing Iraqis.

Justifying the higher number, Michael Schwartz, writing on the blog AfterDowningStreet.org, pointed to a fact reported by the Brookings Institute that US troops have, over the past four years, conducted about 100 house raids a day — a number that has recently increased with assistance from Iraqi soldiers.

Brutality during these house searches has been documented by returning soldiers, Iraqi civilians, and independent journalists (See #9 below). Schwartz suggests the aggressive "element of surprise" tactics employed by soldiers is likely resulting in several thousands of deaths a day that either go unreported or are categorized as insurgent casualties.

The spin is having its intended effect: a February 2007 AP poll showed Americans gave a median estimate of 9,890 Iraqi deaths as a result of the war, a number far below that cited in any credible study.

Sources: "Is the United States killing 10,000 Iraqis every month? Or is it more?" Michael Schwartz, After Downing Street.org, July 6, 2007; "Iraq death toll rivals Rwanda Genocide, Cambodian killing fields," Joshua Holland, AlterNet, Sept. 17, 2007; "Iraq conflict has killed a million: survey," Luke Baker, Reuters, Jan. 30, 2008; "Iraq: Not our country to return to," Maki al-Nazzal and Dahr Jamail, Inter Press Service, March 3, 2008.

2. NAFTA ON STEROIDS


Coupling the perennial issue of security with Wall Street’s measures of prosperity, the leaders of the three North American nations convened the Security and Prosperity Partnership. The White House–led initiative — launched at a March 23, 2005, meeting of President Bush, Mexico’s then-president Vicente Fox, and Canadian Prime Minister Paul Martin — joins beefed-up commerce with coordinated military operations to promote what it calls "borderless unity."

Critics call it "NAFTA on steroids." However, unlike NAFTA, the SPP was formed in secret, without public input.

"The SPP is not a law, or a treaty, or even a signed agreement," Laura Carlsen wrote in a report for the Center for International Policy. "All these would require public debate and participation of Congress, both of which the SPP has scrupulously avoided."

Instead the SPP has a special workgroup: the North American Competitiveness Council. It’s a coalition of private companies that are, according to the SPP Web site, "adding high-level business input [that] will assist governments in enhancing North America’s competitive position and engage the private sector as partners in finding solutions."

The NACC includes the Chevron Corporation, Ford Motor Company, General Electric, Lockheed Martin Corporation, Merck & Co. Inc., New York Life Insurance Co., Procter & Gamble Co., and Wal-Mart Stores, Inc.

"Where are the environmental council, the labor council, and the citizen’s council in this process?" Carlsen asked.

A look at NAFTA’s unpopularity among citizens in all three nations is evidence of why its expansion would need to be disguised. "It’s a scheme to create a borderless North American Union under US control without barriers to trade and capital flows for corporate giants, mainly US ones," wrote Steven Lendman in Global Research. "It’s also to insure America gets free and unlimited access to Canadian and Mexican resources, mainly oil, and in the case of Canada, water as well."

Sources: "Deep Integration," Laura Carlsen, Center for International Policy, May 30, 2007; "The Militarization and Annexation of North America," Stephen Lendman, Global Research, July 19, 2007; "The North American Union," Constance Fogal, Global Research, Aug. 2, 2007.

3. INFRAGARD GUARDS ITSELF


The FBI and Department of Homeland Security have effectively deputized 23,000 members of the business community, asking them to tip off the feds in exchange for preferential treatment in the event of a crisis. "The members of this rapidly growing group, called InfraGard, receive secret warnings of terrorist threats before the public does — and, at least on one occasion, before elected officials," Matthew Rothschild wrote in the March 2008 issue of The Progressive.

InfraGard was created in 1996 in Cleveland as part of an FBI probe into cyberthreats. Yet after 9/11, membership jumped from 1,700 to more than 23,000, and now includes 350 of the nation’s Fortune 500 companies. Members typically have a stake in one of several crucial infrastructure industries, including agriculture, banking, defense, energy, food, telecommunications, law enforcement, and transportation. The group’s 86 chapters coordinate with 56 FBI field offices nationwide.

While FBI Director Robert Mueller has said he considers this segment of the private sector "the first line of defense," the American Civil Liberties Union issued a grave warning about the potential for abuse. "There is evidence that InfraGard may be closer to a corporate TIPS program, turning private-sector corporations — some of which may be in a position to observe the activities of millions of individual customers — into surrogate eyes and ears for the FBI," it cautioned in an August 2004 report.

"The FBI should not be creating a privileged class of Americans who get special treatment," Jay Stanley, public education director of the ACLU’s technology and liberty program, told Rothschild.

And they are privileged: a DHS spokesperson told Rothschild that InfraGard members receive special training and readiness exercises. They’re also privy to protected information that is usually shielded from disclosure under the trade secrets provision of the Freedom of Information Act.

The information they have may be of critical importance to the general public, but first it goes to the privileged membership — sometimes before it’s released to elected officials. As Rothschild related in his story, on Nov. 1, 2001, the FBI sent an alert to InfraGard members about a potential threat to bridges in California. Barry Davis, who worked for Morgan Stanley, received the information and relayed it to his brother Gray, then governor of California, who released it to the public.

Steve Maviglio, Davis’s press secretary at the time, told Rothschild, "The governor got a lot of grief for releasing the information. In his defense, he said, ‘I was on the phone with my brother, who is an investment banker. And if he knows, why shouldn’t the public know?’<0x2009>"

Source: "The FBI deputizes business," Matthew Rothschild, The Progressive, Feb. 7, 2008.

4. ILEA: TRAINING GROUND FOR ILLEGAL WARS?


The School of the Americas earned an unsavory reputation in Latin America after many graduates of the Fort Benning, Ga., facility turned into counterinsurgency death squad leaders. So the International Law Enforcement Academy recently installed by the Unites States in El Salvador — which looks, acts, and smells like the SOA — is also drawing scorn.

The school, which opened in June 2005 before the Salvadoran National Assembly approved it, has a satellite operation in Peru and is funded with $3.6 million from the US Treasury and staffed with instructors from the DEA, ICE, and FBI. It’s tasked with training 1,500 police officers, judges, prosecutors, and other law enforcement agents in counterterrorism techniques per year. It’s stated purpose is to make Latin America "safe for foreign investment" by "providing regional security and economic stability and combating crime."

ILEAs aren’t new, but past schools located in Hungary, Thailand, Botswana, and Roswell, N.M., haven’t been terribly controversial. Yet Salvadoran human rights organizers take issue with the fact that, in true SOA fashion, the ILEA releases neither information about its curriculum nor a list of students and graduates. Additionally, the way the school slipped into existence without public oversight has raised ire.

As Wes Enzinna noted in a North American Congress on Latin America report, when the US decided it wanted a training ground in Latin America, El Salvador was not the first choice. In 2002 US officials selected Costa Rica as host — a country that doesn’t even have an army. The local government signed on and the plan made headlines. But when citizens learned about it, they revolted and demanded the government change the agreement. The US bailed for a more discreet second attempt in El Salvador.

"Members of the US Congress were not briefed about the academy, nor was the main opposition party in El Salvador, the Farabundo Martí-National Liberation Front (FMLN)," Enzinna wrote. "But once the news media reported that the two countries had signed an official agreement in September, activists in El Salvador demanded to see the text of the document." Though they tried to garner enough opposition to kill the agreement, the National Assembly narrowly ratified it.

Now, after more than three years in operation, critics point out that Salvadoran police, who account for 25 percent of the graduates, have become more violent. A May 2007 report by Tutela Legal implicated Salvadoran National Police (PNC) officers in eight death squad–style assassinations in 2006.

El Salvador’s ILEA recently received another $2 million in US funding through the congressionally approved Mérida Initiative — but still refuses to adopt a more transparent curriculum and administration, despite partnering with a well-known human rights leader. Enzinna’s FOIA requests for course materials were rejected by the government, so no one knows exactly what the school is teaching, or to whom.

Sources: "Exporting US ‘Criminal Justice’ to Latin America," "Community in Solidarity with the people of El Salvador," Upside Down World, June 14, 2007; "Another SOA?" Wes Enzinna, NACLA Report on the Americas, March/April 2008; "ILEA funding approved by Salvadoran right wing legislators," CISPES, March 15, 2007; "Is George Bush restarting Latin America’s ‘dirty wars?’<0x2009>" Benjamin Dangl, AlterNet, Aug. 31, 2007.

5. SEIZING PROTEST


Protesting war could get you into big trouble, according to a critical read of two executive orders recently signed by President Bush. The first, issued July 17, 2007, and titled, "Blocking property of certain persons who threaten stabilization efforts in Iraq," allows the feds to seize assets from anyone who "directly or indirectly" poses a risk to the US war in Iraq. And, citing the modern technological ease of transferring funds and assets, the order states that no prior notice is necessary before the raid.

On Aug. 1, Bush signed another order, similar but directed toward anyone undermining the "sovereignty of Lebanon or its democratic processes and institutions." In this case, the Secretary of the Treasury can seize the assets of anyone perceived as posing a risk of violence, as well as the assets of their spouses and dependents, and bans them from receiving any humanitarian aid.

Critics say the orders bypass the right to due process and the vague language makes manipulation and abuse possible. Protesting the war could be perceived as undermining or threatening US efforts in Iraq. "This is so sweeping, it’s staggering," said Bruce Fein, a former Reagan administration official in the Justice Department who editorialized against it in the Washington Times. "It expands beyond terrorism, beyond seeking to use violence or the threat of violence to cower or intimidate a population."

Sources: "Bush executive order: Criminalizing the antiwar movement," Michel Chossudovsky, Global Research, July 2007; "Bush’s executive order even worse than the one on Iraq," Matthew Rothschild, The Progressive, Aug. 2007.

6. RADICALS = TERRORISTS


On Oct. 23, 2007, the House of Representatives overwhelmingly passed — by a vote of 404-6 — the "Violent Radicalization and Homegrown Terrorism Prevention Act," designed to root out the causes of radicalization in Americans.

With an estimated four-year cost of $22 million, the act establishes a 10-member National Commission on the Prevention of Violent Radicalization and Homegrown Terrorism, as well as a university-based Center of Excellence "to examine the social, criminal, political, psychological, and economic roots of domestic terrorism," according to a press release from the bill’s author, Rep. Jane Harman (D-Los Angeles).

During debate on the bill, Harman said, "Free speech, espousing even very radical beliefs, is protected by our Constitution. But violent behavior is not."

Jessica Lee, writing in the Indypendent, a newspaper put out by the New York Independent Media Center, pointed out that in a later press release Harman stated: "the National Commission [will] propose to both Congress and [Department of Homeland Security Secretary Michael] Chertoff initiatives to intercede before radicalized individuals turn violent."

Which could be when they’re speaking, writing, and organizing in ways that are protected by the First Amendment. This redefines civil disobedience as terrorism, say civil rights experts, and the wording is too vague. For example, the definition of "violent radicalization" is "the process of adopting or promoting an extremist belief system for the purpose of facilitating ideologically based violence to advance political, religious, or social change."

"What is an extremist belief system? Who defines this? These are broad definitions that encompass so much…. It is criminalizing thought and ideology," said Alejandro Queral, executive director of the Northwest Constitutional Rights Center in Portland, Ore.

Though the ACLU recommended some changes that were adopted, it continued to criticize the bill. Harman, in a response letter, said free speech is still free and stood by the need to curb ideologically-based violence.

The story didn’t make it onto the CNN ticker, but enough independent sources reported on it that the equivalent Senate Bill 1959 has since stalled. After introducing the bill, Sen. Susan Collins (R-Me.), later joined forces with Sen. Joe Lieberman (I-Conn.) on a report criticizing the Internet as a tool for violent Islamic extremism.

Despite an outcry from civil liberties groups, days after the report was released Lieberman demanded that YouTube remove a number of Islamist propaganda videos. YouTube canned some that broke their rules regarding violence and hate speech, but resisted censoring others. The ensuing battle caught the attention of the New York Times, and on May 25 it editorialized against Lieberman and S 1959.

Sources: "Bringing the war on terrorism home," Jessica Lee, Indypendent, Nov. 16, 2007; "Examining the Homegrown Terrorism Prevention Act," Lindsay Beyerstein, In These Times, Nov. 2007; "The Violent Radicalization Homegrown Terrorism Prevention Act of 2007," Matt Renner, Truthout, Nov. 20, 2007

7. SLAVERY’S RUNNER-UP


Every year, about 121,000 people legally enter the United States to work with H-2 visas, a program legislators are touting as part of future immigration reform. But Rep. Charles Rangel (D-N.Y.) called this guest worker program "the closest thing I’ve ever seen to slavery."

The Southern Poverty Law Center likened it to "modern day indentured servitude." They interviewed thousands of guest workers and reviewed legal cases for a report released in March 2007, in which authors Mary Bauer and Sarah Reynolds wrote, "Unlike US citizens, guest workers do not enjoy the most fundamental protection of a competitive labor market — the ability to change jobs if they are mistreated. Instead, they are bound to the employers who ‘import’ them. If guest workers complain about abuses, they face deportation, blacklisting, or other retaliation."

When visas expire, workers must leave the country, hardly making this the path to permanent citizenship legislators are looking for. The H-2 program mimics the controversial bracero program, established through a joint agreement between Mexico and the United States in 1942 that brought 4.5 million workers over the border during the 22 years it was in effect.

Many legal protections were written into the program, but in most cases they existed only on paper in a language unreadable to employees. In 1964 the program was shuttered amid scores of human rights abuses and complaints that it undermined petitions for higher wages from US workers. Soon after, United Farm Workers organized, which César Chávez said would have been impossible if the bracero program still existed.

Years later, it essentially still does. The H-2A program, which accounted for 32,000 agricultural workers in 2005, has many of the same protections — and many of the same abuses. Even worse is the H-2B program, used by 89,000 non-agricultural workers annually. Created by the Immigration Reform and Control Act of 1986, none of the safeguards of the H-2A visa are legally required for H-2B workers.

Still, Mexicans are literally lining up for H-2B status, the stark details of which were reported by Felicia Mello in The Nation. Furthermore, thousands of illegal immigrants are employed throughout the country, providing cheap, unprotected labor and further undermining the scant provisions of the laws. Labor contractors who connect immigrants with employers are stuffing their pockets with cash, while the workers return home with very little money.

The Southern Poverty Law Center outlined a list of comprehensive changes needed in the program, concluding, "For too long, our country has benefited from the labor provided by guest workers but has failed to provide a fair system that respects their human rights and upholds the most basic values of our democracy. The time has come for Congress to overhaul our shamefully abusive guest worker system."

Sources: "Close to Slavery," Mary Bauer and Sarah Reynolds, Southern Poverty Law Center, March 2007; "Coming to America," Felicia Mello, The Nation, June 25, 2007; "Trafficking racket," Chidanand Rajghatta, Times of India, March 10, 2008.

8. BUSH CHANGES THE RULES


The Bush administration’s Office of Legal Counsel in the Department of Justice has been issuing classified legal opinions about surveillance for years. As a member of the Senate Intelligence Committee, Sen. Sheldon Whitehouse (D-R.I.) had access to the DOJ opinions on presidential power and had three declassified to show how the judicial branch has, in a bizarre and chilling way, assisted President Bush in circumventing its own power.

According to the three memos:

"There is no constitutional requirement for a President to issue a new executive order whenever he wishes to depart from the terms of a previous executive order. Rather than violate an executive order, the President has instead modified or waived it";

"The President, exercising his constitutional authority under Article II, can determine whether an action is a lawful exercise of the President’s authority under Article II," and

"The Department of Justice is bound by the President’s legal determinations."

Or, as Whitehouse rephrased in a Dec. 7, 2007, Senate speech: "I don’t have to follow my own rules, and I don’t have to tell you when I’m breaking them. I get to determine what my own powers are. The Department of Justice doesn’t tell me what the law is. I tell the Department of Justice what the law is."

The issue arose within the context of the Protect America Act, which expands government surveillance powers and gives telecom companies legal immunity for helping. Whitehouse called it "a second-rate piece of legislation passed in a stampede in August at the behest of the Bush administration."

He pointed out that the act does not prohibit spying on Americans overseas — with the exception of an executive order that permits surveillance only of Americans whom the Attorney General determines to be "agents of a foreign power."

"In other words, the only thing standing between Americans traveling overseas and government wiretap is an executive order," Whitehouse said in an April 12 speech. "An order this president, under the first legal theory I cited, claims he has no legal obligation to obey."

Whitehouse, a former US Attorney, legal counsel to Rhode Island’s governor, and Rhode Island Attorney General who took office in 2006, went on to point out that Marbury vs. Madison, written by Chief Justice John Marshall in 1803, established that it is "emphatically the province and duty of the judicial department to say what the law is."

Sources: "In FISA Speech, Whitehouse sharply criticizes Bush Administration’s assertion of executive power," Sheldon Whitehouse, Dec. 7, 2007; "Down the Rabbit Hole," Marcy Wheeler, The Guardian (UK), Dec. 26, 2007.

9. SOLDIERS SPEAK OUT


Hearing soldiers recount their war experiences is the closest many people come to understanding the real horror, pain, and confusion of combat. One would think that might make compelling copy or powerful footage for a news outlet. But in March, when more than 300 veterans from the wars in Iraq and Afghanistan convened for four days of public testimony on the war, they were largely ignored by the media.

Winter Soldier was designed to give soldiers a public forum to air some of the atrocities they witnessed. Originally convened by Vietnam Vets Against the War in January 1971, more than 100 Vietnam veterans and 16 civilians described their war experiences, including rapes, torture, brutalities, and killing of non-combatants. The testimony was entered into the Congressional Record, filmed, and shown at the Cannes Film Festival.

Iraq Veterans Against the War hosted the 2008 reprise of the 1971 hearings. Aaron Glantz, writing in One World, recalled testimony from former Marine Cpl. Jason Washburn, who said, "his commanders encouraged lawless behavior. ‘We were encouraged to bring ‘drop weapons,’ or shovels. In case we accidentally shot a civilian, we could drop the weapon on the body and pretend they were an insurgent.’<0x2009>"

An investigation by Chris Hedges and Laila Al-Arian in The Nation that included interviews with 50 Iraq war veterans also revealed an overwhelming lack of training and resources, and a general disregard for the traditional rules of war.

Though most major news outlets sent staff to cover New York’s Fashion Week, few made it to Silver Spring, Md. for the Winter Soldier hearings. Fortunately, KPFA and Pacifica Radio broadcast the testimonies live and, in an update to the story, said they were "deluged with phone calls, e-mails, and blog posts from service members, veterans, and military families thanking us for breaking a cultural norm of silence about the reality of war." Testimonies can still be heard at www.ivaw.org.

Sources: "Winter Soldier: Iraq & Afghanistan eyewitness accounts of the occupation," Iraq Veterans Against the War, March 13-16, 2008; "War comes home," Aaron Glantz, Aimee Allison, and Esther Manilla, Pacifica Radio, March 14-16, 2008; "US Soldiers testify about war crimes," Aaron Glantz, One World, March 19, 2008; "The Other War," Chris Hedges and Laila Al-Arian, The Nation, July 30, 2007.

10. APA HELPS CIA TORTURE


Psychologists have been assisting the CIA and US military with interrogation and torture of Guantánamo detainees — which the American Psychological Association has said is fine, despite objections from many of its 148,000 members.

A 10-member APA task force convened on the divisive issue in July 2005 and found that assistance from psychologists was making the interrogations safe and the group deferred to US standards on torture over international human-rights organizations’ definitions.

The task force was criticized by APA members for deliberating in secret, and later it was revealed that six of the 10 participants had ties to the armed services. Not only that, but as Katherine Eban reported in Vanity Fair, "Psychologists, working in secrecy, had actually designed the tactics and trained interrogators in them while on contract to the CIA."

In particular, psychologists James Mitchell and Bruce Jessen, neither of whom are APA members, honed a classified military training program known as SERE [Survival, Evasion, Resistance, Escape] that teaches soldiers how to tough out torture if captured by enemies. "Mitchell and Jessen reverse-engineered the tactics inflicted on SERE trainees for use on detainees in the global war on terror," Eban wrote.

And, as Mark Benjamin noted in a Salon article, employing SERE training — which is designed to replicate torture tactics that don’t abide by Geneva Convention standards — refutes past administration assertions that current CIA torture techniques are safe and legal. "Soldiers undergoing SERE training are subject to forced nudity, stress positions, lengthy isolation, sleep deprivation, sexual humiliation, exhaustion from exercise, and the use of water to create a sensation of suffocation," Benjamin wrote.

Eban’s story outlined how SERE tactics were spun as "science" despite a lack of data and the critique that building rapport works better than blows to the head. Specifically, he said, it’s been misreported that CIA torture techniques got Al Qaeda operative Abu Zubaydah to talk, when it was actually FBI rapport-building. In spite of this, SERE techniques became standards in interrogation manuals that eventually made their way to US officers guarding Abu Ghraib.

Ongoing uproar within the APA resulted in a petition to make an official policy limiting psychologists’ involvement in interrogations. On Sept. 17, a majority of 15,000 voting members approved a resolution stating that psychologists may not work in settings where "persons are held outside of, or in violation of, either International Law (e.g., the UN Convention Against Torture and the Geneva Conventions) or the US Constitution (where appropriate), unless they are working directly for the persons being detained or for an independent third party working to protect human rights."

Sources: "The CIA’s torture teachers," Mark Benjamin, Salon, June 21, 2007; "Rorschach and awe," Katherine Eban, Vanity Fair, July 17, 2007.

OTHER STORIES IN THE TOP 25


11. El Salvador’s Water Privatization and the Global War on Terror

12. Bush Profiteers Collect Billions from No Child Left Behind

13. Tracking Billions of Dollars Lost in Iraq

14. Mainstreaming Nuclear Waste

15. Worldwide Slavery

16. Annual Survey on Trade Union Rights

17. UN’s Empty Declaration of Indigenous Rights

18. Cruelty and Death in Juvenile Detention Centers

19. Indigenous Herders and Small Farmers Fight Livestock Extinction

20. Marijuana Arrests Set New Record

21. NATO Considers "First Strike" Nuclear Option

22. CARE Rejects US Food Aid

23. FDA Complicit in Pushing Pharmaceutical Drugs

24. Japan Questions 9/11 and the Global War on Terror

25. Bush’s Real Problem with Eliot Spitzer

Read them all at projectcensored.org

———————————————————–

CENSORED IN SAN FRANCISCO

Good stories are going untold everywhere, but Project Censored can’t cover it all. The project focuses on national an international news, but in a place politically, environmentally, and socially charged as the Bay Area, there’s plenty going on that major media sources ignore, underplay, black out, or misreport.

We called local activists, politicians, freelance journalists, and media experts to come up with a list of a few Bay Area censored stories. Post a comment and add your own!

>> The truth about Prop. H: Pacific Gas and Electric Company has been spending millions to tell lies about the Clean Energy Act, Proposition H. But the mainstream press has done nothing to counter that misinformation.

>> The dirty secret of the secrecy law: Vioutf8g San Francisco’s local public records law, the Sunshine Ordinance, carries no penalty, so city agencies do it at will. The failure of the district attorney and Ethics Commission to enforce the law has undermined open-government efforts.

>> The military red herring: The real politics of the JROTC ballot measure have little to do with this particular program. Downtown and the Republican party are using the measure as a wedge issue against progressives

>> The mayor’s war on affordable housing: Mayor Gavin Newsom, who touts his record on homelessness, has actually opposed every major affordable-housing measure proposed by the Board of Supervisors in the last five years. And since Newsom became mayor the city homeless population has increased — but shelter closings have cost the city 400 beds.

>> The hidden cost of attacking immigrants: The San Francisco Chronicle and Mayor Gavin Newsom have been demanding a crackdown on undocumented immigrants in the name of law enforcement – but the move has made immigrants less likely to cooperate with the police and thus is hindering criminal-justice

Citizens vs. spies

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› news@sfbg.com

A Bay Area man and a San Francisco nonprofit are at the center of an epic, ongoing battle over privacy rights involving all three branches of the United States government. The outcome may determine the lines between national security and personal liberties in the 21st century.

The story begins in December 2005, when the New York Times exposed the George W. Bush administration as having illegally eavesdropped on US residents without required court warrants. The next month a former AT&T technician in San Francisco came forward with information about how that company (and Verizon and MCI, it was later learned) was gathering Internet and phone data from its customers and illegally routing it to servers controlled by the National Security Agency.

Mark Klein saw that a splitter was diverting the normal information traffic of domestic customers to a secret room at the AT&T Folsom Street plant. He knew that NSA people were around the company’s buildings as early as 2002, and it didn’t take him long to figure out what was going on. "It was obviously some big government hush-hush thing," Klein told the Guardian in a phone interview.

Klein realized he was not in a position to do much at the time, so he "made a note and moved on," he said. He also came across company documents spelling out the technical details of the operation, which his "fortuitous knowledge" allowed him to understand and explain. Klein stowed them away and kept them when he retired in May 2004.

Klein contacted the Electronic Frontier Foundation, a privacy-rights group, in January 2006 and became a key witness in a class action lawsuit filed by the organization on behalf of AT&T customers. Hepting v. AT&T was the first of nearly 40 cases filed by citizens in Northern California against telecommunications companies and the government. In June 2006 a federal judge denied a motion to dismiss the case on the grounds of state-secrets privileges. The government and AT&T appealed the decision to the 9th Circuit Court in San Francisco.

On August 15, 2007, EFF lawyers offered their opening arguments to a three-judge panel, urging it to allow AT&T customers to continue to fight against illegal spying on their Internet and telephone communications. In transcripts from this session, Judge Michael Hawkins surmises the matter: "As I understand, in this case what the plaintiffs are saying is that AT&T has provided telecommunications information about its subscribers to the government without a warrant."

This action runs afoul of the Foreign Intelligence Surveillance Act of 1978, which established a special court to issue warrants for government surveillance and which set standards to prevent abuse, although the court has rarely refused to issue warrants, which could even be obtained retroactively for emergency situations.

The Bush administration has sought to revise FISA for the post–Sept. 11 world, and a major component of this overhaul would be immunity for telecommunication companies that have served as dragnet information collectors for years. Government and AT&T lawyers argued before the judges that the data collection was in the interest of national security and that the industry giants were acting in good faith, so they cannot be held liable.

Reiterating this position, company spokesperson Walt Sharp wrote in an e-mail to the Guardian, "AT&T is fully committed to protecting our customers’ privacy. We do not comment on matters of national security."

A decision in the case is still pending, and according to Rebecca Jeschke, media relations coordinator for the EFF, "We have no idea when they’ll have a ruling for us. Delays for a year are not uncommon."

Meanwhile, Congress is debating whether to essentially legalize the actions of the Bush administration and the companies and is hashing out two conflicting piece of legislation. The Senate voted Feb. 12 to reject an effort to strip the immunity provisions from the FISA Amendments Act, opting to protect the companies from legal scrutiny.

The House of Representatives has its own surveillance measure, which would loosen up some FISA restrictions but not include the immunity provision. That legislation, House Resolution 3773, was passed in November 2007 by a 227–189 vote. The bills now head to a Senate-House conference committee, which will work out the discrepancies, if that’s possible. As Jeschke explained, "The two bills will become one law or no law."

Bush has repeatedly said he will veto any bill that does not include immunity, while hawks in Congress say national security will be compromised if the government has to gather information without corporate assistance. In a Feb. 15 press release, Speaker Nancy Pelosi rejected this assertion: "[The president] knows our intelligence agencies will be able to do all the wiretapping they need to do to protect the nation…. [He] should now work in a cooperative way with Congress to pass a strong FISA modernization bill that protects our nation’s security and the Constitution."

Pelosi spokesperson Drew Hammill told the Guardian, "Her position is that we have to make sure that this is consistent with the Constitution…. She is not in favor of immunity."

HR 3773 is "far from perfect," according to the EFF Web site, but it "provides far more congressional and judicial oversight of the Executive Branch’s domestic spying than the FAA."

Klein, the former AT&T technician, whistle-blower, and key witness, also became an unpaid lobbyist for EFF when he traveled to Washington DC in November 2006. He described the experience as "very tiring, exhausting," and said that over the four days, "we were much more successful in media coverage, but in terms of Congress, it didn’t do very much."

He concluded our interview with some foreboding words based on his experience. "This is more than about another bill," he said. "This is about fundamental constitutional issues, and many people are unaware."

The real FISA problem

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EDITORIAL It’s no secret that the nation’s telecommunications companies have been spying on Americans without any sort of legal warrants. The New York Times broke that story in December 2005 — and not long after that a San Francisco man who had worked for AT&T came forward to describe how private calls were routed to a secret building on Folsom Street where the feds could listen in.

The courts are sorting out whether that was a violation of the Foreign Intelligence Surveillance Act of 1978, which contains at least some limited provisions protecting privacy. But in the meantime, the George W. Bush administration wants to update FISA — and include retroactive immunity for the telecom companies. Even if AT&T, Verizon, and others broke the law by allowing federal agents to snoop on their customers, Bush says, they should pay no price.

The American Civil Liberties Union, the Electronic Frontier Foundation, and other public interest groups have been pushing to block immunity; unfortunately, the Senate (with California’s Dianne Feinstein on the wrong side) has gone along with what Bush wants. The House has a better bill, and the two are headed for a conference committee. Activists are demanding Speaker Nancy Pelosi stand firm and refuse to allow passage of any bill that protects the phone companies from past misdeeds.

That’s the right approach, and we agree. But we have to ask: why are the Democrats so willing to support this law in the first place?

FISA was created in response to the Counter Intelligence Program abuses of the 1960s, and it provides some modest protection for citizens. But it created a special secret court that could authorize wiretaps with very little oversight. The government’s warrant requests have almost never been rejected. Sometimes the court has issued them after the fact, retroactively approving wiretaps that have been done with no judicial oversight at all. The current version of FISA is better than what Bush wants — but it could be vastly improved.

We’ve never been fans of secret legal proceedings and special, shadowy courts that operate as an arm of law enforcement. The entire premise of FISA seems awfully shaky: if the FBI or the National Security Agency needs to tap someone’s phone, why can’t it go before a federal judge, using the normal procedures for wiretap and search warrant authorizations, just like everyone else? Is there any evidence that the federal courts are unable to handle that job or that the judiciary is too unwilling to allow the government to use all of the tools it needs to track terrorists?

Is the United States any safer with the authority to spy on Americans almost entirely removed from the oversight process established by the Constitution?

The real threat here is the growing one to privacy and civil liberties — and the best way to address it is to simply refuse to reauthorize FISA, start from scratch, hold hearings, get public testimony, and rewrite the law in a way that protects the public, not just the FBI, the NSA, and telecom companies. That’s what Pelosi ought to be pushing for.

Polite message from the surveillance state

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› annalee@techsploitation.com

TECHSPLOITATION Say what you want about Google being an evil corporate overlord that steals all of your private data, turns it into info-mulch, and then injects it into the technoslaves to keep them drugged and helpless. There are still some good things about the company. For example, Google’s IM program, Google Talk, sends you a warning message alerting you when the person on the other end of your chat is recording your chat session.

Just the other day I was chatting with somebody about something slightly personal and noticed that she’d suddenly turned on Record for our chat. I knew everything I was saying was being logged and filed in her Gmail. In this case I wasn’t too concerned. For one thing, I wasn’t saying anything I’d regret seeing in print. I’m used to the idea that anything I say on chat might be recorded and logged.

What was different about this experience was that Google warned me first — told me point-blank that I was basically under surveillance from the Google server, which would automatically log and save that conversation. I appreciated that. It meant I could opt out of the conversation and preserve my privacy. It also meant that other people using Gtalk, who might not have had the expectation that all of their chat sessions might be recorded, would be enlightened.

It also reminded me forcefully that Google is a far more polite and privacy-concerned evil overlord than the United States government.

Right now members of Congress are trying to pass a law that would grant immunity to large telcos like AT&T that have been spying on their customers’ private phone conversations and passing along what they’ve learned to the National Security Agency. The law, called the Protect America Act, would allow telephone and Internet providers to hand over all private data on their networks to the government — without notifying their customers and without any court supervision of what amounts to mass wiretapping.

Last year the Electronic Frontier Foundation sued AT&T for vioutf8g the Fourth Amendment when a whistle-blower at AT&T revealed that the company was handing over private information to the NSA without warrants. That case has been working its way through the courts, and making some headway; in fact, it was starting to look like AT&T would be forced to pay damages to its customers for vioutf8g their rights. But the Protect America Act would stop this court case in its tracks by granting retroactive immunity to AT&T and any other company that spied on people for the NSA without warrants.

The whole situation is insane. First, it’s outrageous that telcos would illegally hand over their private customer data to the government. And second, it’s even more outrageous that when its scheme was discovered, the government tried to pass a law making it retroactively legal for AT&T to have broken one of the most fundamental of our civil rights: protection of our private data from the government.

Imagine what would happen if the phone and Internet systems in our country had the same warnings on them that Gtalk has. Every time you picked up the phone to make a call or logged on to the Internet, you’d get a helpful little message: "Warning: the government is recording everything that you are saying and doing right now." Holy crap.

The good news is that it’s not too late. The Protect America Act must pass both houses of Congress to become law, so you can still alert your local congress critters in the House that you don’t want retroactive immunity for telcos that are logging your private conversations for the NSA. Find out more at stopthespying.org.

And remember, everything you say and do is being logged. This polite message has been brought to you by the surveillance state.

Annalee Newitz is a surly media nerd who yells "Fuck you!" into her phone as often as she can — you know, just to let the NSA know how she really feels.<

Democrats again reveal their complicity in BushCo misdeeds

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Bay Area congressional Democrats Tom Lantos and Nancy Pelosi: fighting imperial excesses, one capitulation at a time.
So congressional Democrats are angry about the New York Times revelation that the CIA destroyed videotapes of their agents harshly interrogating (ne torturing) al Qaeda suspects. And they should be, both because its appears the tapes had been illegally withheld from congressional and 9/11 Commission inquiries, and because they might show evidence of torture authorized and/or condoned at the highest levels of government. But there’s some subtext to this story that once again casts congressional Democrats in a very disturbing light. It shows them to be complicit in and enablers of the very worst of the Bush Administration atrocities: torture, illegal spying on Americans, and telling lies designed to start an illegal war under false pretenses.

Spy on me, Alberto!

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Greatest career path, ever. Mental note: little flag pins.

By Marke B.

I love it. Really! Congress has just voted in a basic legal carte blanche for the Administration to spy on Americans’ emails and phone convos without any court review. Ostensibly, the new law is only to target foreigners who talk to Americans by allowing the government to tap into fiber optic networks based in the US (previously they could only tap into those based on foreign soil) — and the Administration promises — PROMISES — not to use any tips obtained this way to go after Americans on the one end of the conversation. I believe them! Only foreigners are terrorists anyway (sorry, Oklahoma).

The best parts?

*Telecommunications companies must obey the government on this. No more of those pesky legal challenges from the more skeptical among them that were gumming up the spyworks. And no more of that free market hooey from our overlords. Just make the corporations do what you want. Terror!

*Bye-bye to FISA, the oversight court set up in the ’70s in reaction to Nixonian dirty tricks re: domestic spying. Guess who gets final approval on who gets spied on when? ALBERTO GONZALES. Guess all that lying and “misremembering” and total dereliction of basic duty evidenced when he was in the congressional hotseats — what, three times in the past 3 months? — convinced Congress that he should be in charge of the nation’s privacy. Way to go Alberto! I’ve GOT to try your tactics in my own career.

Remind me why I was happy about the Dems taking Congress again? WTF?

Guardian, ACLU seek ICE records

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The Bay Guardian, the ACLU of Northern California and the Lawyers Committee for Civil Rights have filed a Freedom of Information Act request seeking documents related the recent immigration raids in California.

The detailed request asks for a long list of documents explaining “Operation Return to Sender,” an Immigration Customs and Enforcement crackdown that had led to 13,000 arrests nationwide.

“Some of the abusive practices reported extensively in the press include: illegal entries and searches by ICE agents, misidentification of ICE agents as member of local police forces, inappropriate tactics related to children including conducting round-ups near schools and leaving minor children unattended upon their parents’ arrest, ethnic profiling, violations of due process and abusive treatment,” an ACLU press release notes.

“When the Mayor of Richmond describes the ICE raids as imposing a ‘state of terror’ and parents are afraid to send their children to school, civil rights organizations must investigate possible civil rights violations,” said Julia Harumi Mass, staff attorney of the ACLU-NC. “The first step is to see all the records regarding the planning and implementation of Operation Return to Sender in northern California.”

The Guardian has worked with the ACLU in the past on federal FOIA requests, most recently seeking information about clandestine Pentagon spying on local peace groups.

Below is the press release:

ACLU Seeks Records on Immigration Enforcement Actions
in Northern California

Groups Investigate Possible Civil Rights Violations

SAN FRANCISCO – The ACLU of Northern California, the San Francisco Bay Guardian, and Lawyers’ Committee for Civil Rights of the San Francisco Bay Area filed a Freedom of Information Act (FOIA) request today seeking records reutf8g to recent enforcement actions conducted by U.S. Immigration Customs and Enforcement (ICE). The ACLU-NC has requested expedited processing because of the urgency of this issue to members of several northern California communities.

The ACLU-NC is seeking documents regarding the recent ICE actions undertaken as part of “Operation Return to Sender” in Contra Costa, San Mateo, Santa Cruz, San Benito, San Francisco, and Fresno counties to name a few. Operation Return to Sender was launched in May 2006 and has led to the arrest of at least 13,000 people nationwide.

Some of the abusive practices reported extensively in the press include: illegal entries and searches by ICE agents, misidentification of ICE agents as member of local police forces, inappropriate tactics related to children including conducting round-ups near schools and leaving minor children unattended upon their parents’ arrest, ethnic profiling, violations of due process and abusive treatment.

“When the Mayor of Richmond describes the ICE raids as imposing a ‘state of terror’ and parents are afraid to send their children to school, civil rights organizations must investigate possible civil rights violations,” said Julia Harumi Mass, staff attorney of the ACLU-NC. “The first step is to see all the records regarding the planning and implementation of Operation Return to Sender in northern California.”

The ACLU has reviewed a number of complaints concerning ICE conduct that raise serious concerns about racial profiling and other constitutional violations. Finding out the truth about the raids—which are reportedly resulting in the arrest and deportation not only of “fugitives” with criminal histories, but many residents whose only unlawful actions relate to being in the country without authorization—is particularly important as Congress takes on the question of how to address the vast numbers of undocumented immigrants who currently live and work in the United States.

“If the federal government is going to spend taxpayers dollars on a very questionable enforcement action, the public has the right to know the details of how it was implemented — and particularly how local law enforcement agencies in cities like San Francisco, which has a policy of not co-operating with ICE, were involved,” said Tim Redmond of the San Francisco Bay Guardian.

Mass added: “We are seeking expedited processing because of the urgency of this issue. ICE enforcement actions have been widely reported in the press and have raised serious concerns about federal misconduct. The reports have caused widespread anxiety in communities throughout northern California.” If expedited processing is granted, the ACLU FOIA request would be processed “as soon as practicable,” and prior to the agency’s large backlog of less urgent requests.

The Lawyers’ Committee for Civil Rights is accepting calls from members of the public who believe they were victims of abusive and unlawful ICE enforcement tactics. The ACLU-NC will be working with the Lawyers’ Committee for Civil Rights to evaluate information from the public as part of their investigation into the raids.

For a copy of the FOIA visit www.aclunc.org.

James Madison Freedom of Information Award Winners

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The Society of Professional Journalists’ Northern California Chapter has been handing awards for 22 years to journalists, educators, public officials, and citizens who best exemplify the importance of open and accountable government and a free and diligent press. And every year the Guardian recognizes the winners and helps highlight the important issues that they raise for the Bay Area and beyond. Here are this year’s winners:

Norwin S. Yoffie Career Achievement Award

ROWLAND "REB" REBELE


Three few years ago the Oakland Unified School District announced that, due to budget constraints, it was shutting down all the student-run newspapers in the district. Rowland "Reb" Rebele lives in Aptos, but he read about the shutdown in a San Francisco Chronicle column.

He picked up the phone, made some calls, and found out the situation was desperate and how much money was needed. He then wrote a check sufficient to resurrect the student newspapers for a year. Then he kept on writing checks to keep the papers going last year and again this year. This was typical of Rebele. No one asked him for help. He received virtually no acknowledgment for his gift. But his timely action turned the lights back on for fledgling newspapers that were out of money and, it seemed, out of luck.

Rebele is a First Amendment mensch (a description that James Madison, had he any familiarity with Yiddish, would have approved of). In his half century of publishing community newspapers that he owned and operated in Coalinga, Chula Vista, and Paradise in California and across the country, he was energetic, inspiring, and devoted to his readers and his communities, and a demon in pushing for open government and accountability. He pursued the same policies as a stalwart for half a century in the California Newspaper Publishers Association and as an activist president who brought key reforms and exceptional leaders to the organization.

Rebele has been a director of the California First Amendment Coalition for a decade. He quickly became the one truly indispensable member of the organization, pushing it, pulling it, holding it together, and cajoling it to broaden its activities because he felt the organization and its mission were vital.

He has also launched an innovative internship program at Stanford University. Rather than just give money to the school, he and his wife, Pat, created a program that has enabled dozens of students to get hands-on experience writing for real newspapers in California. Quietly and selflessly, Rebele has spent his newspaper career fighting the good fight for First Amendment and public interest principles. (Bruce B. Brugmann)

Beverly Kees Educator Award

ROBERT OVETZ


Art Institute of San Francisco instructor Robert Ovetz was fired after he criticized the administration for confiscating a magazine his students produced for his class last December.

Ovetz, who had taught at the institute for three years, told his students to create a "culturally critical" magazine as their final project for a cultural studies class he taught last fall. They produced a 36-page zine called Mute/Off.

Less than 24 hours after he and students distributed 500 copies of the magazine, which Ovetz printed with the institute’s copy machine, most were gone. Ovetz initially attributed their disappearance to popularity, but he soon learned from students that the administration of the school, which was purchased by Goldman Sachs and General Electric last year, had removed them from its campuses and even literally pulled them out of students’ hands.

"This is an example of how a corporation is not held accountable for upholding basic constitutional rights [to] free speech. This is a private company that’s operating as an institution of higher learning," Ovetz told the Guardian. "Its only interest is its bottom line, and its bottom line is profit."

Ovetz complained to the administration about vioutf8g the students’ freedom of speech and received his pink slip Dec. 20, 2006. Dean of Academic Affairs Caren Meghreblian told Ovetz the magazine possibly violated copyright law by reproducing corporate logos without permission and had grammatical errors. She also said a story in the magazine called "Homicide," about three white kids playing a video game as black gangsters, might be racist.

After Ovetz and students complained and the media reported the story, the administration allowed students to redistribute the magazines, but it still refuses to give Ovetz his job back. (Chris Albon)

To size up the magazine yourself, visit www.brandedmonkey.com/muteOffLowRes.pdf.

Citizen

RYAN MCKEE


The object of the California Public Records Act is to ensure the people’s right to know how their state and local governments are functioning. Newspapers are often the entities that test the limits and loopholes of the law. But in January 2006 an 18-year-old college student, Ryan McKee, undertook an audit of each of the 31 California state agencies that was the first of its kind. McKee tested how these agencies, which he personally visited, responded to simple requests to view and get copies of readily available public documents. The results revealed a disturbing pattern. Several agencies performed miserably, including the Department of Justice, which counsels and represents many other state agencies on the Public Records Act, and all of the agencies violated at least one aspect of the law. Common problems included asking for identification, making illegal charges, and taking longer than allowed to release information. McKee undertook the audit while volunteering for Californians Aware, a nonprofit where his father, Richard McKee, is president. A copy of the audit, including its results and grades, was sent to each agency to help it better understand and adjust to its responsibilities. (Sarah Phelan)

Journalists

MICHELE MARCUCCI AND REBECCA VESELY, ANG NEWSPAPERS


ANG Newspapers regional reporters Rebecca Vesely and Michele Marcucci are being honored for the series "Broken Homes" and their unflinching pursuit of public records that exposed negligent care administered to people with autism and other forms developmental disabilities. The series highlighted problems ranging from a lack of proper supervision to unlicensed officials working at health care facilities. Some of these offenses were then linked to patient deaths.

The award recognizes the daunting and tedious task that befell the journalists: 15 months of scouring thousands of hard-copy papers from dozens of sources that included licensing agencies, multiple law enforcement bureaus, and coroner’s offices. The results were entered into a database and cross-checked against other sources of information.

"It’s not like we work at the New York Times, where you can lock yourself in a room for a year. This is one-stop shopping here," Marcucci told the Guardian, noting that both reporters continued their daily beats while working on the project. The series was well received and helped prompt state officials to reinstate inspections of licensed facilities that had been eliminated due to budget cuts. (Christopher Jasmin)

ANDREW MCINTOSH AND JOHN HILL, SACRAMENTO BEE


Two reporters from the Sacramento Bee, Andrew McIntosh and John Hill, get Freedom of Information props for exposing the cronyism and the corruption of the California Highway Patrol.

The two wrote a series of articles detailing how the CHP violated state and department regulations in awarding contracts for items ranging from pistols to helicopters.

"The CHP spends hundreds of millions of dollars each year on equipment and goods," McIntosh told the Guardian. "That’s taxpayer money."

McIntosh said he and Hill took a systematic look at the department’s bidding process and found it was not competitive. The investigation led to the suspension of one officer, Gregory Williams, who the reporters found had awarded $600,000 worth of contracts to his daughter’s company for license plate scanning devices, $500,000 of which was canceled after the reporters exposed the scandal.

The reporters also found the CHP, which controls signature gathering at the Department of Motor Vehicles and other state buildings, denied more than 100 applications for permission to register voters or solicit signatures. Other stories pushed Senate majority leader Gloria Romero and Assemblymember Bonnie Garcia to call for a state audit of the CHP.

McIntosh told us the investigation showed "the CHP is not above public scrutiny or the law when it comes to business dealings." (Albon)

MEERA PAL, CONTRA COSTA TIMES


A good mayoral race isn’t really fun unless a bit of scandal emerges, like it did in Pleasanton two weeks before the November 2006 election.

Meera Pal decided to research the roots of a story that was handed to her by city council member Steve Brozosky, who was challenging incumbent mayor Jennifer Hosterman. Brozosky gave Pal e-mails his campaign treasurer obtained through open-records laws that showed Hosterman may have used her city e-mail account to solicit campaign donations and endorsements, a violation of state law.

But Pal went beyond Brozosky’s story and submitted her own public records requests for the city e-mail account of the mayor, as well as a year’s worth of e-mail from Brozosky and the three other council members.

Pal’s public records request revealed that Brozosky’s inbox was completely void of any e-mail, something neither he nor the city’s IT manager could explain. Brozosky is a computer expert who runs a company that vends city Web site software, so his technical expertise made the situation even more suspicious.

Investigations revealed it was just a setting on his computer that was inadvertently scrubbing the e-mail from the city’s server. Though both violations aren’t necessarily serious crimes, the race was close enough that dirt on either side could have had a profound impact on the outcome, and the results show 68,000 voters who were truly torn during the last two weeks before election day while Pal was reporting these stories. Hosterman eventually won by just 188 votes. (Amanda Witherell)

SUSAN SWARD, BILL WALLACE, ELIZABETH FERNANDEZ, AND SETH ROSENFELD, SAN FRANCISCO CHRONICLE


In the wake of 2003’s so-called Fajitagate police scandal — in which San Francisco officer Alex Fagan Jr. and others were accused of assaulting and then covering up their alleged vicious beating of innocent citizens — the San Francisco Chronicle uncovered records showing that Fagan’s short history on the force was marked by regular incidents of abusive behavior, the kind of records that should have served as a warning for the problems to come.

"We decided to take a look to see how common it was. And we spent a lot of time doing that," Steve Cook, the Chronicle editor of what became last year’s five-part "Use of Force" series, told the Guardian. The team used the Sunshine Ordinance to gather boxloads of records on use-of-force incidents, which it organized into a database that was then supplemented and cross-referenced with a wide variety of other public records, along with old-fashioned shoe leather reporting, all the while fighting through bureaucratic denials and delays.

Despite an embarrassing mislabeled photo on the first day of the series that served as fodder for attacks by the Police Department and Mayor’s Office, the series made clear that rogue cops were abusing their authority, totally unchecked by their supervisors. "We were proud of what we were able to show," Cook said. "We showed a department in need of some basic reforms."

The series helped spur the early intervention system that was recently approved by the Police Commission. It’s a good first step, but one criticized by the Chron and the Guardian for failing to include some key indicators used in other cities (see our editorial "Fix Early Warning for Cops," 2/28/07), something that Cook said requires ongoing vigilance by the press, to bring about needed reforms: "Only the news media is really going to accomplish this, if they stay with the story." (Steven T. Jones)

Legal counsel

DAVID GREENE


The First Amendment was never about money. Free speech is supposed to be free. But these days threats to the First Amendment are growing, more and more people who lack the resources of a major media outlet are in need of help — and there aren’t many places dedicated to offering that assistance, free.

That’s where David Greene and the First Amendment Project come in.

Since 1999, as a staff attorney and executive director, Greene has helped dozens of freelance journalists, students, nonprofit organizations, and independent media outlets protect and expand their free speech and open government rights.

The operation he runs is totally independent. That’s a key point in an era of massive media consolidation: when the Guardian sought earlier this year to find legal representation to force open the key records in a lawsuit over Dean Singleton’s local newspaper merger, we found that just about every local media law firm represented at least one of the parties to the case and thus was conflicted. The FAP was not.

Greene and the FAP have represented blogger Josh Wolf and freelancer Sarah Olson in landmark subpoena cases. Greene, with the American Civil Liberties Union of Northern California, wrote the amicus brief on behalf of noted literary artists in the California Supreme Court case In re George T., in which the court, relying heavily on the FAP brief, overturned the conviction of a juvenile who made threats to other students with a poem. And the struggle just goes on. The FAP is funded largely by private donations and always needs additional support.

"Unfortunately," Greene told us, "we have to turn away a lot more cases than we can take." (Tim Redmond)

News media

SAN JOSE MERCURY NEWS


After years of last-minute backroom deals at San Jose’s City Hall, things came to a head when the City Council rubber-stamped proposals to give a $4 million subsidy to the San Jose Grand Prix, $80 million for a stadium to keep the Earthquake soccer team from leaving town, and $45 million for new City Hall furniture.

Clearly, something had to give. But it was left to San Jose Mercury News editorial writers to push for transparent and accessible government and better enforcement of the state’s open government laws.

First they shamed the city, pointing out that "San Francisco, Oakland, even Milpitas have better public-access laws." Next they hammered then-mayor Ron Gonzales for saying that calls for more open government were "a bunch of nonsense." Then they printed guiding principles for a proposed sunshine ordinance that they’d developed in conjunction with the League of Women Voters and Mercury News attorney James Chadwick.

When city council member Chuck Reed was elected mayor on a platform of open government reforms, the paper still didn’t give up. Instead, it’s continuing to champion the need to bring more sunshine to San Jose and working with a community task force on breaking new ground, such as taping closed sessions so they can one day be made available when there’s no further need for secrecy.

Somehow the Merc also managed to pull off another amazing feat: the paper built public understanding of and support for sunshine along the way. (Phelan)

SAN MATEO COUNTY TIMES


When outbreaks of the highly contagious norovirus sprang up in a number of California counties, San Mateo County was among those hit. Public health officials, however, would not release the names of the facilities where numerous individuals became infected, citing concerns about privacy and not wanting to discourage facility managers from contacting health officials.

Nonetheless, the San Mateo County Times ran a series of reports on the outbreaks in the named and unnamed facilities. After publishing reports on unnamed facilities, the news staff began to receive phone calls from residents who wanted to know the names of the facilities. Times reporter Rebekah Gordon told us it became clear that the public wanted to know this information, and the paper fought the county’s secrecy.

Gordon learned that facilities are required by law to report outbreaks, regardless of the potential for media exposure. Times attorney Duffy Carolan sought out and won the disclosure of the names of four facilities.

"The county’s initial nondisclosure decision evoked public policy and public safety concerns at a very broad level, and nondisclosure would have had a very profound effect on the public’s ability to obtain information that affects their own health and safety. By persisting in the face of secrecy, the Times was able to establish a precedent and practice that will well serve to inform their readers in the future," Carolan told us.

The paper learned the outbreak was far more widespread than the county had admitted, finding 146 cases in six facilities. Gordon said, "The numbers were so much higher than we were ever led to believe." (Julie Park)

Online free speech

JOSH WOLF


Even as he sits inside the Federal Correctional Institute in Dublin, where he’s been denied on-camera and in-person interviews, jailed freelance journalist Josh Wolf manages to get out the message. Last month Wolf, who is imprisoned for refusing to give up video outtakes of a July 2005 anarchist protest in the Mission that turned violent, earned a place in the Guinness World Records for being the journalist to have served the longest jail term in US history for resisting a subpoena.

His thoughts on the agenda behind his incarceration were read at press conferences that day, reminding everyone of the importance of a free press. Meanwhile, Wolf has managed to continue operating his blog, www.joshwolf.net, by sending letters to family, friends, and fellow journalists, including those at the Guardian.

Wolf has also managed to create two other Web sites: www.mediafreedoms.net, which supports journalists’ resistance to government pressure, and www.prisonblogs.net, which allows prisoners to air thoughts and grievances. If Wolf can do all this from behind bars, imagine what he’ll do when he finally gets out. As Wolf would say, if we could only speak to him without reserving a phone interview 48 hours in advance: "Free press? Then free Josh Wolf!" (Phelan)

Public official

JOHN SARSFIELD


As district attorney for San Benito County, John Sarsfield upset the political applecart when he tried to prosecute the County Board of Supervisors for ignoring the Brown Act’s prohibitions on private communication and consensus building among board members on matters that involved employment decisions, personnel appeals, contracting, and land use–growth control issues.

His decision didn’t sit well in a county where battles over the future of the land have spawned Los Valientes, a secret society that has targeted slow-growth advocates and anyone who gets in its way — including believers in open government. So the board retaliated by defunding Sarsfield’s office, forcing the DA to file for a temporary restraining order against the board, the county administrative officer, and the county auditor, a countermove that kept his office operating and the investigation alive — until he lost his reelection bid to the board’s chosen candidate in January 2006.

One of Los Valientes’s targets, Mandy Rose, a Sierra Club member and slow-growth advocate, recalled how people on the outside warned Sarsfield what he was up against, "but he insisted on working within the system. It was what he believed in. Someone even said he was a Boy Scout."

For his efforts, Sarsfield’s life was turned into a living hell that cost him his dogs, his marriage, and eventually his job. But now, with this award, he gets some small recognition for fighting the good fight. And he has also been appointed special assistant inspector general within the Office of the Inspector General by Gov. Arnold Schwarzenegger. (Phelan)

Special citations

LANCE WILLIAMS AND MARK FAINARU-WADA, SAN FRANCISCO CHRONICLE


Investigative reporter Lance Williams and sportswriter Mark Fainaru-Wada joined forces in 2003 to take on what became one of the biggest — and most controversial — local news stories of the past five years.

The investigation of the Burlingame-based Bay Area Laboratory Co-operative, better known as BALCO, and the larger scandal of widespread steroid use among baseball players was, the San Francisco Chronicle editors decided, too big for one reporter.

In fact, it turned out to be big enough for a series of stories, a book, and a legal battle that almost sent the two writers to federal prison. The duo admits today it was mostly the fear of getting scooped that drove them through the story’s dramatic rise.

"I’m a baseball fan in recovery," Williams told the Guardian. "I used to think I knew the sport. I didn’t have a clue about this stuff. I’m not kidding you. I had no idea how much a part of baseball steroids had become … that whole sort of seamy underside of the drug culture and the game. I just didn’t know it was like that, and I think most fans don’t either."

Although prosecutors seemed to be focusing on BALCO executives, everyone following the story wanted to know what witnesses — in this case top sports stars — told a federal grand jury investigating the company. The outfit had allegedly distributed undetectable steroids and other designer drugs to some of the world’s greatest athletes, including Giants slugger Barry Bonds, who is on his way to making history with a new home run record.

In 2003 the Chronicle published lurid details of the grand jury’s investigation based on notes Williams and Fainaru-Wada had obtained from court transcripts leaked by an anonymous source. Bonds denied knowingly taking any steroids, but prosecutors waved in the air documents allegedly confirming his regular use of substances banned by Major League Baseball.

Furious prosecutors launched an investigation into the leak of secret grand jury transcripts. The reporters were called on to testify but refused — and so joined two other reporters last year threatened with jail time for resisting subpoenas. A lawyer stepped forward last month and admitted leaking the documents, but Williams and Fainaru-Wada came dangerously close to landing in the same East Bay lockup where blogger Josh Wolf is held for refusing to cooperate with a federal grand jury.

The rash of recent attacks on reporters by federal prosecutors has First Amendment advocates up in arms. After all, no one’s going to leak crucial information if the courts can simply bulldoze the anonymity that journalists grant whistleblowers. Fainaru-Wada and Williams have since inspired a bipartisan proposal in Congress to protect journalists at the federal level (dozens of states already have variations of a shield law in place).

"People roll their eyes when you start talking about the First Amendment," Fainaru-Wada said. "But the First Amendment is not about the press, it’s about the public."

In addition to the James Madison Freedom of Information Award, Williams and Fainaru-Wada’s coverage of the BALCO stories earned them the prestigious George Polk Award. But the story took a dark, unexpected turn last month.

Defense attorney Troy Hellerman, who represented one of the BALCO executives, pleaded guilty Feb. 15 to contempt of court and obstruction of justice charges and could serve up to two years in prison for admitting he twice allowed Fainaru-Wada to take notes from the grand jury’s sealed transcripts.

Just as he was spilling details in 2004, Hellerman demanded that a judge dismiss charges against his client, complaining that the leaks prevented a fair trial. He even blamed the leaks on prosecutors. A deputy attorney general called the moves "an especially cynical abuse of our system of justice."

Media critics lashed out at Williams and Fainaru-Wada for exploiting the leaks before and after Hellerman moved for a dismissal. Among those attacking the Chron reporters were Slate editor Jack Shafer and Tim Rutten at the LA Times, who described the conduct as "sleazy and contemptible."

Williams and Fainaru-Wada today still won’t discuss specifics about their sources, but Williams said without the leaks, names of the athletes involved would have otherwise been kept secret by the government even though the grand jury’s original BALCO investigation was complete.

"The witnesses didn’t have any expectation of privacy or secrecy of any kind," he said. "They were going to be trial witnesses. It was in that context that our reporting got under way. I am sensitive to the need of an investigative grand jury to remain secret. And I’m respectful in general of the government’s secrecy concerns. But it’s not the reporter’s job to enforce that stuff." (G.W. Schulz)

SARAH OLSON


When Oakland freelance writer and radio journalist Sarah Olson stood up to the Army by resisting a subpoena to testify in the case of Iraq war resister First Lt. Ehren Watada, she faced felony charges as well as jail time. But Olson understood that testifying against a source would turn her into an investigative tool of the federal government and chill dissent nationwide. "When the government uses a journalist as its eyes and ears, no one is going to talk to that journalist anymore," Olson told the Guardian.

She also objected to journalists being asked to participate in the prosecution of free speech. "The problem I have with verifying the accuracy of my reporting is that in this case the Army has made speech a crime," Olson said. Watada, whom Olson interviewed, has been charged with missing a troop movement and conduct unbecoming an officer, because he publicly criticized President George W. Bush and his illegal Iraq War.

In the end, Army prosecutors dropped the subpoena once Watada agreed to stipulate that Olson’s reporting was accurate. Olson, for her part, attributes the dropping of the subpoena to the support she received from media groups, including the Society for Professional Journalists. (Phelan)

Student journalist

STAFF OF THE LOWELL


The 2006 school year got off to a rough start for Lowell High School, one of the top-ranked public high schools in the country and certainly San Francisco’s finest. The school’s award-winning student newspaper the Lowell was covering it all.

After the October issue went to press, the school’s two journalism classes, which are solely responsible for writing and editing content for the monthly paper, received a visit from the school’s interim principal, Amy Hansen. Though Hansen says there was no attempt to censor the paper and the classes agree that no prior review was requested when it appeared that the students would be covering some controversial stories, the principal questioned their motivations as journalists and asked them to consider a number of complicated scenarios designed to make them second-guess their roles as reporters. The principal told the student journalists they had a moral responsibility, not to turn out the news, but to turn in their sources and information.

In separate meetings with each journalism class, Hansen questioned them about when it was appropriate to lay aside the pen and paper in the name of the law. The students maintained that as journalists they are in the position to report what happens and not pass moral judgment. Additionally, their privileged position as information gatherers would be compromised if they revealed their sources.

The lectures from Hansen did not deter the journalism classes from their basic mission to cover school news as objectively and thoroughly as possible. Even when police were called in to question Megan Dickey, who was withholding the name of a source she’d used in a story about a tire slashing, she still refused to say what she knew. (Witherell)

Whistleblower

MARK KLEIN


Mark Klein knew there was something fishy going on when his boss at AT&T told him that a representative of the National Security Agency would be coming by to talk to one of the senior technicians. Klein was a union communications tech, one of the people who keep the phone company’s vast network going every day. The NSA visitor stopped by, and before long Klein learned that AT&T’s building on Folsom Street would have a private room that none of the union techs would be allowed to enter.

Klein kept his eyes open and learned enough from company memos to conclude that the government was using AT&T’s equipment to monitor the private communications of unsuspecting and mostly undeserving citizens. When he retired in May 2004, he took a stack of material with him — and when he read in the New York Times a year and half later that the NSA had indeed been spying on people, he decided to go public.

The 62-year-old East Bay resident had never been a whistleblower. "I didn’t even know where to begin," he told us. So he surfed the Web looking for civil liberties groups and wound up contacting the Electronic Frontier Foundation.

It was a perfect match: the EFF was about to file a landmark class-action lawsuit against AT&T charging the company with collaborating with the government to spy on ordinary citizens — and Klein’s evidence was a bombshell.

"Mark Klein is a true American hero," EFF lawyer Kurt Opsahl told us. "He has bravely come forward with information critical for proving AT&T’s involvement with the government’s invasive surveillance program."

Federal Judge Vaughn Walker has kept Klein’s written testimony under seal, but the EFF is trying to get it released to the public. The suit is moving forward. (Redmond)

SPJ-NorCal’s James Madison Awards dinner is March 13 at 5:30 p.m. at Biscuits and Blues, 401 Mason, SF. Tickets are $50 for members and $70 for the general public. For more information or to see if tickets are still available, contact Matthew Hirsch at (415) 749-5451 or mhirsch@alm.com.

James Madison Freedom of Information Award Winners

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The Society of Professional Journalists’ Northern California Chapter has been handing awards for 22 years to journalists, educators, public officials, and citizens who best exemplify the importance of open and accountable government and a free and diligent press. And every year the Guardian recognizes the winners and helps highlight the important issues that they raise for the Bay Area and beyond. Here are this year’s winners:

Norwin S. Yoffie Career Achievement Award

ROWLAND "REB" REBELE


Three few years ago the Oakland Unified School District announced that, due to budget constraints, it was shutting down all the student-run newspapers in the district. Rowland "Reb" Rebele lives in Aptos, but he read about the shutdown in a San Francisco Chronicle column.

He picked up the phone, made some calls, and found out the situation was desperate and how much money was needed. He then wrote a check sufficient to resurrect the student newspapers for a year. Then he kept on writing checks to keep the papers going last year and again this year. This was typical of Rebele. No one asked him for help. He received virtually no acknowledgment for his gift. But his timely action turned the lights back on for fledgling newspapers that were out of money and, it seemed, out of luck.

Rebele is a First Amendment mensch (a description that James Madison, had he any familiarity with Yiddish, would have approved of). In his half century of publishing community newspapers that he owned and operated in Coalinga, Chula Vista, and Paradise in California and across the country, he was energetic, inspiring, and devoted to his readers and his communities, and a demon in pushing for open government and accountability. He pursued the same policies as a stalwart for half a century in the California Newspaper Publishers Association and as an activist president who brought key reforms and exceptional leaders to the organization.

Rebele has been a director of the California First Amendment Coalition for a decade. He quickly became the one truly indispensable member of the organization, pushing it, pulling it, holding it together, and cajoling it to broaden its activities because he felt the organization and its mission were vital.

He has also launched an innovative internship program at Stanford University. Rather than just give money to the school, he and his wife, Pat, created a program that has enabled dozens of students to get hands-on experience writing for real newspapers in California. Quietly and selflessly, Rebele has spent his newspaper career fighting the good fight for First Amendment and public interest principles. (Bruce B. Brugmann)

Beverly Kees Educator Award

ROBERT OVETZ


Art Institute of San Francisco instructor Robert Ovetz was fired after he criticized the administration for confiscating a magazine his students produced for his class last December.

Ovetz, who had taught at the institute for three years, told his students to create a "culturally critical" magazine as their final project for a cultural studies class he taught last fall. They produced a 36-page zine called Mute/Off.

Less than 24 hours after he and students distributed 500 copies of the magazine, which Ovetz printed with the institute’s copy machine, most were gone. Ovetz initially attributed their disappearance to popularity, but he soon learned from students that the administration of the school, which was purchased by Goldman Sachs and General Electric last year, had removed them from its campuses and even literally pulled them out of students’ hands.

"This is an example of how a corporation is not held accountable for upholding basic constitutional rights [to] free speech. This is a private company that’s operating as an institution of higher learning," Ovetz told the Guardian. "Its only interest is its bottom line, and its bottom line is profit."

Ovetz complained to the administration about vioutf8g the students’ freedom of speech and received his pink slip Dec. 20, 2006. Dean of Academic Affairs Caren Meghreblian told Ovetz the magazine possibly violated copyright law by reproducing corporate logos without permission and had grammatical errors. She also said a story in the magazine called "Homicide," about three white kids playing a video game as black gangsters, might be racist.

After Ovetz and students complained and the media reported the story, the administration allowed students to redistribute the magazines, but it still refuses to give Ovetz his job back. (Chris Albon)

To size up the magazine yourself, visit www.brandedmonkey.com/muteOffLowRes.pdf.

Citizen

RYAN MCKEE


The object of the California Public Records Act is to ensure the people’s right to know how their state and local governments are functioning. Newspapers are often the entities that test the limits and loopholes of the law. But in January 2006 an 18-year-old college student, Ryan McKee, undertook an audit of each of the 31 California state agencies that was the first of its kind. McKee tested how these agencies, which he personally visited, responded to simple requests to view and get copies of readily available public documents. The results revealed a disturbing pattern. Several agencies performed miserably, including the Department of Justice, which counsels and represents many other state agencies on the Public Records Act, and all of the agencies violated at least one aspect of the law. Common problems included asking for identification, making illegal charges, and taking longer than allowed to release information. McKee undertook the audit while volunteering for Californians Aware, a nonprofit where his father, Richard McKee, is president. A copy of the audit, including its results and grades, was sent to each agency to help it better understand and adjust to its responsibilities. (Sarah Phelan)

Journalists

MICHELE MARCUCCI AND REBECCA VESELY, ANG NEWSPAPERS


ANG Newspapers regional reporters Rebecca Vesely and Michele Marcucci are being honored for the series "Broken Homes" and their unflinching pursuit of public records that exposed negligent care administered to people with autism and other forms developmental disabilities. The series highlighted problems ranging from a lack of proper supervision to unlicensed officials working at health care facilities. Some of these offenses were then linked to patient deaths.

The award recognizes the daunting and tedious task that befell the journalists: 15 months of scouring thousands of hard-copy papers from dozens of sources that included licensing agencies, multiple law enforcement bureaus, and coroner’s offices. The results were entered into a database and cross-checked against other sources of information.

"It’s not like we work at the New York Times, where you can lock yourself in a room for a year. This is one-stop shopping here," Marcucci told the Guardian, noting that both reporters continued their daily beats while working on the project. The series was well received and helped prompt state officials to reinstate inspections of licensed facilities that had been eliminated due to budget cuts. (Christopher Jasmin)

ANDREW MCINTOSH AND JOHN HILL, SACRAMENTO BEE


Two reporters from the Sacramento Bee, Andrew McIntosh and John Hill, get Freedom of Information props for exposing the cronyism and the corruption of the California Highway Patrol.

The two wrote a series of articles detailing how the CHP violated state and department regulations in awarding contracts for items ranging from pistols to helicopters.

"The CHP spends hundreds of millions of dollars each year on equipment and goods," McIntosh told the Guardian. "That’s taxpayer money."

McIntosh said he and Hill took a systematic look at the department’s bidding process and found it was not competitive. The investigation led to the suspension of one officer, Gregory Williams, who the reporters found had awarded $600,000 worth of contracts to his daughter’s company for license plate scanning devices, $500,000 of which was canceled after the reporters exposed the scandal.

The reporters also found the CHP, which controls signature gathering at the Department of Motor Vehicles and other state buildings, denied more than 100 applications for permission to register voters or solicit signatures. Other stories pushed Senate majority leader Gloria Romero and Assemblymember Bonnie Garcia to call for a state audit of the CHP.

McIntosh told us the investigation showed "the CHP is not above public scrutiny or the law when it comes to business dealings." (Albon)

MEERA PAL, CONTRA COSTA TIMES


A good mayoral race isn’t really fun unless a bit of scandal emerges, like it did in Pleasanton two weeks before the November 2006 election.

Meera Pal decided to research the roots of a story that was handed to her by city council member Steve Brozosky, who was challenging incumbent mayor Jennifer Hosterman. Brozosky gave Pal e-mails his campaign treasurer obtained through open-records laws that showed Hosterman may have used her city e-mail account to solicit campaign donations and endorsements, a violation of state law.

But Pal went beyond Brozosky’s story and submitted her own public records requests for the city e-mail account of the mayor, as well as a year’s worth of e-mail from Brozosky and the three other council members.

Pal’s public records request revealed that Brozosky’s inbox was completely void of any e-mail, something neither he nor the city’s IT manager could explain. Brozosky is a computer expert who runs a company that vends city Web site software, so his technical expertise made the situation even more suspicious.

Investigations revealed it was just a setting on his computer that was inadvertently scrubbing the e-mail from the city’s server. Though both violations aren’t necessarily serious crimes, the race was close enough that dirt on either side could have had a profound impact on the outcome, and the results show 68,000 voters who were truly torn during the last two weeks before election day while Pal was reporting these stories. Hosterman eventually won by just 188 votes. (Amanda Witherell)

SUSAN SWARD, BILL WALLACE, ELIZABETH FERNANDEZ, AND SETH ROSENFELD, SAN FRANCISCO CHRONICLE


In the wake of 2003’s so-called Fajitagate police scandal — in which San Francisco officer Alex Fagan Jr. and others were accused of assaulting and then covering up their alleged vicious beating of innocent citizens — the San Francisco Chronicle uncovered records showing that Fagan’s short history on the force was marked by regular incidents of abusive behavior, the kind of records that should have served as a warning for the problems to come.

"We decided to take a look to see how common it was. And we spent a lot of time doing that," Steve Cook, the Chronicle editor of what became last year’s five-part "Use of Force" series, told the Guardian. The team used the Sunshine Ordinance to gather boxloads of records on use-of-force incidents, which it organized into a database that was then supplemented and cross-referenced with a wide variety of other public records, along with old-fashioned shoe leather reporting, all the while fighting through bureaucratic denials and delays.

Despite an embarrassing mislabeled photo on the first day of the series that served as fodder for attacks by the Police Department and Mayor’s Office, the series made clear that rogue cops were abusing their authority, totally unchecked by their supervisors. "We were proud of what we were able to show," Cook said. "We showed a department in need of some basic reforms."

The series helped spur the early intervention system that was recently approved by the Police Commission. It’s a good first step, but one criticized by the Chron and the Guardian for failing to include some key indicators used in other cities (see our editorial "Fix Early Warning for Cops," 2/28/07), something that Cook said requires ongoing vigilance by the press, to bring about needed reforms: "Only the news media is really going to accomplish this, if they stay with the story." (Steven T. Jones)

Legal counsel

DAVID GREENE


The First Amendment was never about money. Free speech is supposed to be free. But these days threats to the First Amendment are growing, more and more people who lack the resources of a major media outlet are in need of help — and there aren’t many places dedicated to offering that assistance, free.

That’s where David Greene and the First Amendment Project come in.

Since 1999, as a staff attorney and executive director, Greene has helped dozens of freelance journalists, students, nonprofit organizations, and independent media outlets protect and expand their free speech and open government rights.

The operation he runs is totally independent. That’s a key point in an era of massive media consolidation: when the Guardian sought earlier this year to find legal representation to force open the key records in a lawsuit over Dean Singleton’s local newspaper merger, we found that just about every local media law firm represented at least one of the parties to the case and thus was conflicted. The FAP was not.

Greene and the FAP have represented blogger Josh Wolf and freelancer Sarah Olson in landmark subpoena cases. Greene, with the American Civil Liberties Union of Northern California, wrote the amicus brief on behalf of noted literary artists in the California Supreme Court case In re George T., in which the court, relying heavily on the FAP brief, overturned the conviction of a juvenile who made threats to other students with a poem. And the struggle just goes on. The FAP is funded largely by private donations and always needs additional support.

"Unfortunately," Greene told us, "we have to turn away a lot more cases than we can take." (Tim Redmond)

News media

SAN JOSE MERCURY NEWS


After years of last-minute backroom deals at San Jose’s City Hall, things came to a head when the City Council rubber-stamped proposals to give a $4 million subsidy to the San Jose Grand Prix, $80 million for a stadium to keep the Earthquake soccer team from leaving town, and $45 million for new City Hall furniture.

Clearly, something had to give. But it was left to San Jose Mercury News editorial writers to push for transparent and accessible government and better enforcement of the state’s open government laws.

First they shamed the city, pointing out that "San Francisco, Oakland, even Milpitas have better public-access laws." Next they hammered then-mayor Ron Gonzales for saying that calls for more open government were "a bunch of nonsense." Then they printed guiding principles for a proposed sunshine ordinance that they’d developed in conjunction with the League of Women Voters and Mercury News attorney James Chadwick.

When city council member Chuck Reed was elected mayor on a platform of open government reforms, the paper still didn’t give up. Instead, it’s continuing to champion the need to bring more sunshine to San Jose and working with a community task force on breaking new ground, such as taping closed sessions so they can one day be made available when there’s no further need for secrecy.

Somehow the Merc also managed to pull off another amazing feat: the paper built public understanding of and support for sunshine along the way. (Phelan)

SAN MATEO COUNTY TIMES


When outbreaks of the highly contagious norovirus sprang up in a number of California counties, San Mateo County was among those hit. Public health officials, however, would not release the names of the facilities where numerous individuals became infected, citing concerns about privacy and not wanting to discourage facility managers from contacting health officials.

Nonetheless, the San Mateo County Times ran a series of reports on the outbreaks in the named and unnamed facilities. After publishing reports on unnamed facilities, the news staff began to receive phone calls from residents who wanted to know the names of the facilities. Times reporter Rebekah Gordon told us it became clear that the public wanted to know this information, and the paper fought the county’s secrecy.

Gordon learned that facilities are required by law to report outbreaks, regardless of the potential for media exposure. Times attorney Duffy Carolan sought out and won the disclosure of the names of four facilities.

"The county’s initial nondisclosure decision evoked public policy and public safety concerns at a very broad level, and nondisclosure would have had a very profound effect on the public’s ability to obtain information that affects their own health and safety. By persisting in the face of secrecy, the Times was able to establish a precedent and practice that will well serve to inform their readers in the future," Carolan told us.

The paper learned the outbreak was far more widespread than the county had admitted, finding 146 cases in six facilities. Gordon said, "The numbers were so much higher than we were ever led to believe." (Julie Park)

Online free speech

JOSH WOLF


Even as he sits inside the Federal Correctional Institute in Dublin, where he’s been denied on-camera and in-person interviews, jailed freelance journalist Josh Wolf manages to get out the message. Last month Wolf, who is imprisoned for refusing to give up video outtakes of a July 2005 anarchist protest in the Mission that turned violent, earned a place in the Guinness World Records for being the journalist to have served the longest jail term in US history for resisting a subpoena.

His thoughts on the agenda behind his incarceration were read at press conferences that day, reminding everyone of the importance of a free press. Meanwhile, Wolf has managed to continue operating his blog, www.joshwolf.net, by sending letters to family, friends, and fellow journalists, including those at the Guardian.

Wolf has also managed to create two other Web sites: www.mediafreedoms.net, which supports journalists’ resistance to government pressure, and www.prisonblogs.net, which allows prisoners to air thoughts and grievances. If Wolf can do all this from behind bars, imagine what he’ll do when he finally gets out. As Wolf would say, if we could only speak to him without reserving a phone interview 48 hours in advance: "Free press? Then free Josh Wolf!" (Phelan)

Public official

JOHN SARSFIELD


As district attorney for San Benito County, John Sarsfield upset the political applecart when he tried to prosecute the County Board of Supervisors for ignoring the Brown Act’s prohibitions on private communication and consensus building among board members on matters that involved employment decisions, personnel appeals, contracting, and land use–growth control issues.

His decision didn’t sit well in a county where battles over the future of the land have spawned Los Valientes, a secret society that has targeted slow-growth advocates and anyone who gets in its way — including believers in open government. So the board retaliated by defunding Sarsfield’s office, forcing the DA to file for a temporary restraining order against the board, the county administrative officer, and the county auditor, a countermove that kept his office operating and the investigation alive — until he lost his reelection bid to the board’s chosen candidate in January 2006.

One of Los Valientes’s targets, Mandy Rose, a Sierra Club member and slow-growth advocate, recalled how people on the outside warned Sarsfield what he was up against, "but he insisted on working within the system. It was what he believed in. Someone even said he was a Boy Scout."

For his efforts, Sarsfield’s life was turned into a living hell that cost him his dogs, his marriage, and eventually his job. But now, with this award, he gets some small recognition for fighting the good fight. And he has also been appointed special assistant inspector general within the Office of the Inspector General by Gov. Arnold Schwarzenegger. (Phelan)

Special citations

LANCE WILLIAMS AND MARK FAINARU-WADA, SAN FRANCISCO CHRONICLE


Investigative reporter Lance Williams and sportswriter Mark Fainaru-Wada joined forces in 2003 to take on what became one of the biggest — and most controversial — local news stories of the past five years.

The investigation of the Burlingame-based Bay Area Laboratory Co-operative, better known as BALCO, and the larger scandal of widespread steroid use among baseball players was, the San Francisco Chronicle editors decided, too big for one reporter.

In fact, it turned out to be big enough for a series of stories, a book, and a legal battle that almost sent the two writers to federal prison. The duo admits today it was mostly the fear of getting scooped that drove them through the story’s dramatic rise.

"I’m a baseball fan in recovery," Williams told the Guardian. "I used to think I knew the sport. I didn’t have a clue about this stuff. I’m not kidding you. I had no idea how much a part of baseball steroids had become … that whole sort of seamy underside of the drug culture and the game. I just didn’t know it was like that, and I think most fans don’t either."

Although prosecutors seemed to be focusing on BALCO executives, everyone following the story wanted to know what witnesses — in this case top sports stars — told a federal grand jury investigating the company. The outfit had allegedly distributed undetectable steroids and other designer drugs to some of the world’s greatest athletes, including Giants slugger Barry Bonds, who is on his way to making history with a new home run record.

In 2003 the Chronicle published lurid details of the grand jury’s investigation based on notes Williams and Fainaru-Wada had obtained from court transcripts leaked by an anonymous source. Bonds denied knowingly taking any steroids, but prosecutors waved in the air documents allegedly confirming his regular use of substances banned by Major League Baseball.

Furious prosecutors launched an investigation into the leak of secret grand jury transcripts. The reporters were called on to testify but refused — and so joined two other reporters last year threatened with jail time for resisting subpoenas. A lawyer stepped forward last month and admitted leaking the documents, but Williams and Fainaru-Wada came dangerously close to landing in the same East Bay lockup where blogger Josh Wolf is held for refusing to cooperate with a federal grand jury.

The rash of recent attacks on reporters by federal prosecutors has First Amendment advocates up in arms. After all, no one’s going to leak crucial information if the courts can simply bulldoze the anonymity that journalists grant whistleblowers. Fainaru-Wada and Williams have since inspired a bipartisan proposal in Congress to protect journalists at the federal level (dozens of states already have variations of a shield law in place).

"People roll their eyes when you start talking about the First Amendment," Fainaru-Wada said. "But the First Amendment is not about the press, it’s about the public."

In addition to the James Madison Freedom of Information Award, Williams and Fainaru-Wada’s coverage of the BALCO stories earned them the prestigious George Polk Award. But the story took a dark, unexpected turn last month.

Defense attorney Troy Hellerman, who represented one of the BALCO executives, pleaded guilty Feb. 15 to contempt of court and obstruction of justice charges and could serve up to two years in prison for admitting he twice allowed Fainaru-Wada to take notes from the grand jury’s sealed transcripts.

Just as he was spilling details in 2004, Hellerman demanded that a judge dismiss charges against his client, complaining that the leaks prevented a fair trial. He even blamed the leaks on prosecutors. A deputy attorney general called the moves "an especially cynical abuse of our system of justice."

Media critics lashed out at Williams and Fainaru-Wada for exploiting the leaks before and after Hellerman moved for a dismissal. Among those attacking the Chron reporters were Slate editor Jack Shafer and Tim Rutten at the LA Times, who described the conduct as "sleazy and contemptible."

Williams and Fainaru-Wada today still won’t discuss specifics about their sources, but Williams said without the leaks, names of the athletes involved would have otherwise been kept secret by the government even though the grand jury’s original BALCO investigation was complete.

"The witnesses didn’t have any expectation of privacy or secrecy of any kind," he said. "They were going to be trial witnesses. It was in that context that our reporting got under way. I am sensitive to the need of an investigative grand jury to remain secret. And I’m respectful in general of the government’s secrecy concerns. But it’s not the reporter’s job to enforce that stuff." (G.W. Schulz)

SARAH OLSON


When Oakland freelance writer and radio journalist Sarah Olson stood up to the Army by resisting a subpoena to testify in the case of Iraq war resister First Lt. Ehren Watada, she faced felony charges as well as jail time. But Olson understood that testifying against a source would turn her into an investigative tool of the federal government and chill dissent nationwide. "When the government uses a journalist as its eyes and ears, no one is going to talk to that journalist anymore," Olson told the Guardian.

She also objected to journalists being asked to participate in the prosecution of free speech. "The problem I have with verifying the accuracy of my reporting is that in this case the Army has made speech a crime," Olson said. Watada, whom Olson interviewed, has been charged with missing a troop movement and conduct unbecoming an officer, because he publicly criticized President George W. Bush and his illegal Iraq War.

In the end, Army prosecutors dropped the subpoena once Watada agreed to stipulate that Olson’s reporting was accurate. Olson, for her part, attributes the dropping of the subpoena to the support she received from media groups, including the Society for Professional Journalists. (Phelan)

Student journalist

STAFF OF THE LOWELL


The 2006 school year got off to a rough start for Lowell High School, one of the top-ranked public high schools in the country and certainly San Francisco’s finest. The school’s award-winning student newspaper the Lowell was covering it all.

After the October issue went to press, the school’s two journalism classes, which are solely responsible for writing and editing content for the monthly paper, received a visit from the school’s interim principal, Amy Hansen. Though Hansen says there was no attempt to censor the paper and the classes agree that no prior review was requested when it appeared that the students would be covering some controversial stories, the principal questioned their motivations as journalists and asked them to consider a number of complicated scenarios designed to make them second-guess their roles as reporters. The principal told the student journalists they had a moral responsibility, not to turn out the news, but to turn in their sources and information.

In separate meetings with each journalism class, Hansen questioned them about when it was appropriate to lay aside the pen and paper in the name of the law. The students maintained that as journalists they are in the position to report what happens and not pass moral judgment. Additionally, their privileged position as information gatherers would be compromised if they revealed their sources.

The lectures from Hansen did not deter the journalism classes from their basic mission to cover school news as objectively and thoroughly as possible. Even when police were called in to question Megan Dickey, who was withholding the name of a source she’d used in a story about a tire slashing, she still refused to say what she knew. (Witherell)

Whistleblower

MARK KLEIN


Mark Klein knew there was something fishy going on when his boss at AT&T told him that a representative of the National Security Agency would be coming by to talk to one of the senior technicians. Klein was a union communications tech, one of the people who keep the phone company’s vast network going every day. The NSA visitor stopped by, and before long Klein learned that AT&T’s building on Folsom Street would have a private room that none of the union techs would be allowed to enter.

Klein kept his eyes open and learned enough from company memos to conclude that the government was using AT&T’s equipment to monitor the private communications of unsuspecting and mostly undeserving citizens. When he retired in May 2004, he took a stack of material with him — and when he read in the New York Times a year and half later that the NSA had indeed been spying on people, he decided to go public.

The 62-year-old East Bay resident had never been a whistleblower. "I didn’t even know where to begin," he told us. So he surfed the Web looking for civil liberties groups and wound up contacting the Electronic Frontier Foundation.

It was a perfect match: the EFF was about to file a landmark class-action lawsuit against AT&T charging the company with collaborating with the government to spy on ordinary citizens — and Klein’s evidence was a bombshell.

"Mark Klein is a true American hero," EFF lawyer Kurt Opsahl told us. "He has bravely come forward with information critical for proving AT&T’s involvement with the government’s invasive surveillance program."

Federal Judge Vaughn Walker has kept Klein’s written testimony under seal, but the EFF is trying to get it released to the public. The suit is moving forward. (Redmond)

SPJ-NorCal’s James Madison Awards dinner is March 13 at 5:30 p.m. at Biscuits and Blues, 401 Mason, SF. Tickets are $50 for members and $70 for the general public. For more information or to see if tickets are still available, contact Matthew Hirsch at (415) 749-5451 or mhirsch@alm.com.

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