by Deep Green Resistance News Service | May 17, 2012 | Lobbying, Repression at Home
By the Associated Press
A judge on Wednesday struck down a portion of a law giving the government wide powers to regulate the detention, interrogation and prosecution of suspected terrorists, saying it left journalists, scholars and political activists facing the prospect of indefinite detention for exercising First Amendment rights.
U.S. District Judge Katherine Forrest in Manhattan said in a written ruling that a single page of the law has a “chilling impact on First Amendment rights.” She cited testimony by journalists that they feared their association with certain individuals overseas could result in their arrest because a provision of the law subjects to indefinite detention anyone who “substantially” or “directly” provides “support” to forces such as al-Qaida or the Taliban. She said the wording was too vague and encouraged Congress to change it.
“An individual could run the risk of substantially supporting or directly supporting an associated force without even being aware that he or she was doing so,” the judge said.
She said the law also gave the government authority to move against individuals who engage in political speech with views that “may be extreme and unpopular as measured against views of an average individual.
“That, however, is precisely what the First Amendment protects,” Forrest wrote.
She called the fears of journalists in particular real and reasonable, citing testimony at a March hearing by Pulitzer Prize-winning journalist Christopher Hedges, who has interviewed al-Qaida members, conversed with members of the Taliban during speaking engagements overseas and reported on 17 groups named on a list prepared by the State Department of known terrorist organizations. He testified that the law has led him to consider altering speeches where members of al-Qaida or the Taliban might be present.
Hedges called Forrest’s ruling “a tremendous step forward for the restoration of due process and the rule of law.”
He said: “Ever since the law has come out, and because the law is so amorphous, the problem is you’re not sure what you can say, what you can do and what context you can have.”
Hedges was among seven individuals and one organization that challenged the law with a January lawsuit. The National Defense Authorization Act was signed into law in December, allowing for the indefinite detention of U.S. citizens suspected of terrorism. Wednesday’s ruling does not affect another part of the law that enables the United States to indefinitely detain members of terrorist organizations, and the judge said the government has other legal authority it can use to detain those who support terrorists.
A message left Wednesday with a spokeswoman for government lawyers was not immediately returned.
Bruce Afran, a lawyer for the plaintiffs, called the ruling a “great victory for free speech.”
“She’s held that the government cannot subject people to indefinite imprisonment for engaging in speech, journalism or advocacy, regardless of how unpopular those ideas might be to some people,” he said.
Read more from The Wall Street Journal:
by Deep Green Resistance News Service | May 13, 2012 | Colonialism & Conquest, Protests & Symbolic Acts
By Malaysia Sun
George W. Bush and several other members of his administration have been found guilty of war crimes by the Kuala Lumpur Foundation to Criminalise War.
In a unanimous vote on Saturday the symbolic Malaysian war crimes tribunal, part of an initiative by former Malaysian premier Mahathir Mohamad, found the former US President guilty of war crimes and crimes against humanity.
Seven of his former political associates, including former Vice President Dick Cheney and former Defense Secretary Donald Rumsfeld, were also found guilty of war crimes and torture.
Press TV has reported the court heard evidence from former detainees in Iraq and Guantanamo Bay of torture methods used by US soldiers in prisons run by the American forces.
One former inmate described how he had been subjected to electric shocks, beatings and sexual abuse over a number of months.
A high ranking former UN official, former UN Assistant Secretary General, Denis Halliday, who also attended the trial, later told Press TV that the UN had been too weak during the Bush administration to enforce the Geneva Conventions.
He said: “The UN is a weak body, corrupted by member states, who use the Security Council for their own interests. They don’t respect the charter. They don’t respect the international law. They don’t respect the Geneva Conventions…A redundant, possibly a dangerous, and certainly corrupted organization.”
Following the hearing, former Malaysian premier Mahatir said of Bush and others: “These are basically murderers and they kill on large scale.”
It was the second so-called war crimes tribunal in Malaysia.
The token court was first held in November 2011 during which Bush and former British Prime Minister Tony Blair were found guilty of committing “crimes against peace” during the Iraq war.
From Malaysia Sun:
by Deep Green Resistance News Service | May 1, 2012 | Colonialism & Conquest, Indigenous Autonomy, Lobbying, Mining & Drilling
By Dawn Paley / Vancouver Media Co-op
On Friday, the Chilean Supreme Court ratified a lower court ruling that rendered Goldcorp’s environmental assessment for the El Morro mine null, due to irregularities including the company’s failure to properly consult with the Diaguita Huascoaltinos Indigenous and Agricultural Community, whose lands would be destroyed if the mine is built.
Following the lower court ruling, Goldcorp stated that they would not stop working until they received an order declaring the Resolution of Environmental Quality, a kind of environmental permit, to be without effect. “This is the order, and there is no appeal,” said Sergio Campusano Villches, President of the Diaguita Huascualtino community.
The Chilean press is reporting that the Supreme Court decision was unanimous, and that the company must respond to the ruling before taking further steps towards opening the mine.
The judgement in their favour was a surprise, according to Campusano, who was already preparing to take the legal battle international.
“We were afraid because three of the five judges in the Chilean Supreme Court have been accused of being bought off,” Campusano told the Vancouver Media Co-op. “We were actually even preparing to go to the Inter American Commission, since we know there’s a lot of money at play here.”
The decision has raised the question of whether Goldcorp actually would prefer to deal with this case inside of Chile rather than in international courts, says Campusano. But, he says, his people will continue to oppose proposed copper mine, which requires an almost $4 billion investment by co-owners Goldcorp (70 per cent) and New Gold (30 per cent). Both companies are based in Vancouver.
“These days the ideas of ‘consultation’ and ‘consent’ have been manipulated by consulting and human resources firms that work for the government, local governments also stick their noses in there without knowing what they’re doing,” said Campusano. “All we did was play the game that they want us to play, and ‘the illusion’ has ended.”
The Diaguita Huascoaltinos Indigenous and Agricultural Community have already taken a case against Barrick Gold to the Inter-American Commission on Human Rights. Campusano will be in Vancouver in early June to speak at the Shout Out Against Mining Injustice event, organized by the Council of Canadians.
From Vancouver Media Co-op: http://vancouver.mediacoop.ca/story/chilean-supreme-court-red-lights-goldcorp-environmental-assessment/10689
by Deep Green Resistance News Service | Apr 28, 2012 | Defensive Violence, Male Violence
By Maurice Garland / The Loop 21
Nowadays the words “Stand Your Ground” have almost become synonymous with “no fair” and “unjust,” due mostly to the non-arrest of George Zimmerman the night he shot Trayvon Martin and that law that protected him up until just last week.
But the cases of John McNeil and now Marissa Alexander have highlighted the inconsistencies in the law’s application.
According to a blogsite pleading her case, in 2010, Alexander found herself in a violent confrontation with her husband. Her husband already had a history of abuse towards her and other women in the past, causing Alexander to place an injunction for protection against violence on him.
On this day in particular Alexander says that her husband, unprovoked, assaulted her in the bathroom of her home. She managed to get out of his grasp and ran to her car in the garage to leave, but realized that she didn’t have her keys. She was also unable to open the garage door to get out because of a mechanical malfunction.
At this point, she was very fearful for her life, but knew that she had to at least get her cell phone to call for help. That’s when she grabbed a gun, for which she had a concealed weapon permit. When she walked back into the kitchen area, she saw her husband again, who was supposed to be leaving through another door with his two sons (her stepsons). When he saw her, she says he screamed “bitch, I’ll kill you” and charged at her. She then pointed her weapon at the ceiling, turned her head and shot in the air. That scared her husband off.
But, he promptly called the police and told them that she shot the gun at him and his sons. She was taken to jail where she has been sitting ever since.
Alexander has been trying to use Florida’s Stand Your Ground laws to defend her actions, but to no avail. A judge ruled that Alexander was actually in the wrong, saying that she could have exited to safety through one of the other doors or windows in the house instead of crossing paths with her husband in the kitchen.
“I am a law abiding citizen and I take great pride in my liberty, rights, and privileges as one,” pleads Alexander on the blogsite telling her story. ” I have vehemently proclaimed my innocence and my actions that day. The enigma I face since that fateful day I was charged through trial, does the law cover and apply to me too?”
From AlterNet: http://www.alternet.org/rights/155173/woman_in_jail_for_shooting_at_abusive_husband%3A_why_didn%27t_stand_your_ground_laws_apply_to_her/
by Deep Green Resistance News Service | Apr 15, 2012 | Colonialism & Conquest, Indigenous Autonomy, Toxification
By Amazon Defense Coalition
A lead Chevron lawyer has made the preposterous claim that the 30,000 Ecuadorian victims of the oil giant’s contamination are “irrelevant” to the court case that led to an $18 billion judgment against the company.
Doak Bishop, a Chevron lawyer from the American firm King & Spalding, said the following before a panel of international investment arbitrators on February 15th:
“The plaintiffs are really irrelevant. They always were irrelevant. There were never any real parties in interest in this case. The plaintiff’s lawyers have no clients… There will be no prejudice to [the rainforest communities] or any individual by holding up enforcement of the judgment.”
Meanwhile, the Huffington Post published over a dozen photos of Ecuadorians who have died or have severe medical problems resulting from Chevron’s contamination. See here for photos, taken by Lou Dematteis.
By arguing that no Ecuadorians had been harmed or were in danger of being harmed, Bishop was trying to convince the panel of arbitrators that they should block the Ecuadorians from enforcing their judgment against Chevron in other countries, a strategy that has failed for multiple reasons. See here.
Chevron has a long history of trying to dehumanize the Ecuadorians by denying their very existence or by belittling their culture, said Pablo Fajardo, the lead lawyer for the communities.
In 2010, Chevron tried to claim the signatures of 20 of the 48 named plaintiffs in the lawsuit had been forged by their attorneys. The charge was quickly rebutted after the plaintiffs appeared before a public notary to affirm their signatures were legitimate. See here. Chevron engineers also belittled Ecuadorian indigenous leaders by making them wear Western clothes and suggesting that oil-laden streams were actually full of vitamins, according to published reports.
The existence and relevance of the Ecuadorians has been affirmed by multiple independent journalists, including those working for 60 Minutes, The Sunday Night Show in Australia, The New York Times and The Washington Post.
The $18 billion damage award, levied by an Ecuador court, will be used to clean up Chevron’s deliberate contamination of the rainforest and provide clean drinking water and health care to the residents of the company’s former concession area. The damage decimated indigenous groups and caused an outbreak of cancer, according to evidence relied on by the court in issuing the judgment. See this video for more information.
Chevron, under the Texaco brand, operated in Ecuador from 1964 to 1992. Chevron admitted dumping 16 billion gallons of toxic drilling fluids directly into waterways and streams relied on by local residents for their drinking water.
From PR Newswire: http://www.prnewswire.com/news-releases/chevron-lawyer-claims-that-victims-of-rainforest-contamination-are-irrelevant—-amazon-defense-coalition-147441865.html
