US Government: Court cannot review wrongful executive secrecy
Reprieve | May 8, 2015
The Obama Administration today told a US appeal court that it had no right to challenge the wholesale suppression of video evidence of prisoner abuse at Guantánamo Bay.
Lawyers for the Administration insisted that every single frame of video evidence – no matter how disturbing or unlawful- must remain an unchallengeable secret, beyond the review of judges or the public right of access.
The Administration further defended its absolute right to classify any information wrongfully — such as, hypothetically, censoring the Gettysburg address.
The federal hearing in Dhiab v Obama relates to a challenge by Guantánamo’s hunger strikers, whereby prisoners’ lawyers presented classified footage of a prisoner being violently removed from his cell and force-fed by the military authorities. On June 20, 2014, 16 media organizations sought the public release of the videos on First Amendment grounds. On October 3, Judge Gladys Kessler ordered the footage to be released, with appropriate redactions on national security grounds.
In defiance of this order, the Obama Administration failed to redact the tapes – a prerequisite to any release – and instead chose to appeal Judge Kessler’s decision.
In oral arguments today, the Administration defended its decision not to commence redactions, insisting that the judiciary must defer entirely to the executive on secrecy, and that not a single frame of the videos should ever be released to the public.
In response to the hypothetical question of whether a judge could challenge the manifestly wrongful classification of the text of the Gettysburg Address, the Administration replied that the judge could not — the court must simply trust the reasoning of the executive.
Reprieve argued that the Obama Administration was attempting to strip courts of the right to review their own records for a First Amendment public right of access, thereby eroding the separation of powers underpinning the US constitutional system.
Reprieve attorney Alka Pradhan said: “The Obama Administration made an audacious power grab today, insisting that no judge can ever review the executive’s addiction to hiding wrongdoing through secrecy. It is disturbing that such a tyrannical argument can be made by a former constitutional law professor. Today, it is the abuse of Guantanamo prisoners that is being wrongfully suppressed. Tomorrow, who knows?”
Not Racist Policing, But US State Oppression is Key Issue
By Finian Cunningham – Sputnik – 05.05.2015
Of the three cops charged over the death of African-American man Freddie Gray, media hand-out photos show that three of the arraigned officers are themselves of black ethnicity or “people of colour”.
The brutal death of 25-year-old Gray from a severed spinal cord while in police custody has become the latest symbol of racist policing in America.
Amateur video footage shows the young Baltimore man being hauled into a police van, limp and in agony, moments after his prone body on a sidewalk had been knelt on by at least two officers. Gray died a week later on April 19, with an autopsy showing that at least three of his spinal vertebrae had been crushed.
Maryland state attorney Marilyn Mosby has concluded that Gray’s death was homicide and she has moved to bring criminal charges against all six police officers involved in the man’s arrest. He had, by the way, been arrested for no probable cause, or as some witnesses said because he merely “looked at the cops the wrong way”.
All across America, thousands of indignant citizens — black, white, latinos and others — have taken to the streets over the past week to proclaim “Black Lives Matter” and to denounce “racist policing”. One protest banner read: “End America’s Blue KKK” — comparing the blue-uniformed law-and-order force to the white supremacists of the banned Klu Klux Klan.
But what do we mean by “racist policing” when three of the officers charged over Freddie Gray’s killing are themselves non-Caucasian?
Moreover, the public face of Baltimore’s police force has emerged as senior officer Anthony Batts — an African-American — who has been leading the force’s media response.
The Maryland state attorney, Marilyn Mosby, who delivered the homicide charges on the suspected police officers in the Gray case, is also of African-American heritage.
Justice campaigners and the Gray family welcomed Mosby’s decision to prosecute as a step in the right direction. Previous cases of black men dying as a result of police misconduct have conspicuously gone without any prosecution of the officers concerned, compounding the anger of civil rights and justice advocates. State attorney Mosby trenchantly declared that “no-one would be above the law” before her announcement on the filing of charges.
Furthermore, it is noted that the mayor of Baltimore City — whose population is 63 percent black — is an African-American woman.
And while we are at it, let’s go all the way to the top here to include President Barack Obama — the first elected black holder of the White House. Also only last week, Obama appointed another African-American, Loretta Lynch, as the US federal attorney-general — the highest law-and-order official in the country.
With African-Americans featuring prominently in the Gray case — from the prosecuting attorney to the three cops who are being charged over the man’s death — what does it mean to accuse US police forces of racism? Some might ask, is it even appropriate to level the accusation given the circumstances of Baltimore?
These apparent contradictions in the Gray case are just that. The operative word is “apparent”. That three police officers who allegedly meted out lethal force to Freddie Gray are themselves black should not distract from the fact that in the vast majority of cases black people are the victims of a largely white police force.
The deaths last year of Michael Brown in Ferguson, Missouri, and of Eric Garner in New York are much more typical of the circumstances surrounding police violence. Black men are 20 times more likely than whites to die from lethal police force. And, disproportionately, in such cases no officer is ever charged.
What we are dealing with is the structural nature of police violence and impunity in America. And a racial aspect of this structural problem is irrefutable. From stop-and-search practices on the streets, to traffic police harassment of “driving-while-black”, to prison incarceration rates and ultimately the use of lethal extra-judicial force — the oppressive problem is predominantly burdened on African-Americans and people of colour.
America therefore surely has institutionalised racist policing.
However, it would be mistake to see the problem as merely a racial issue.
What needs to be addressed is the structural condition of oppressive state policing that is now prevalent in America. Last week, the Washington Post published an analysis of deaths at the hands of US police officers during the last 10 years. It reported that out of thousands of deaths over the past decade, only 54 police officers ever faced criminal charges, and most of those prosecutions resulted in the officers being acquitted.
The increasing militarisation of America’s police force, from the deployment of heavy-duty weaponry to the use of “war on terror” tactical assaults on inner-city communities, seems to be the bigger issue that needs to be addressed. Black communities, being disproportionately impoverished and ghettoised, are at the front-line of this systematic police state violence.
But it is all marginalised communities within the US that are potential targets for the country’s surge in militarised policing.
Growing poverty, social exclusion and the erosion of civil liberties for all citizens across the US go hand-in-hand with this increasingly oppressive police power.
The debate over racist policing in American needs to be broadened to confront the general state of oppressive policing that is directed against all those — the majority of the population — who are increasingly disenfranchised by an oligarchy where one per cent of the nation owns nearly 90 per cent of the total wealth. That polarisation of wealth and massive impoverishment of the majority is itself a form of state violence inflicted on the nation; and the police are the front-line enforcers of this systematic violence.
The fact that three police officers implicated in the brutal death of Freddie Gray are non-whites; the fact that the police chief and mayor of Baltimore are African-Americans; the fact that government attorneys are black; and the fact that the president of the United States is also black, all that serves to show that the inherent nature of police state violence in the US is both structural and endemic. The problem of how America has now degenerated into an oppressive police state is thus the central issue.
Today over 2.2 million people are imprisoned in jails across America — an incarceration rate that is said to be the highest in the world.
Some observers have noted that the US has locked away more people in its jails than there were even during the supposed Stalinist despotism of the former Soviet Union. Now that is saying something about the Orwellian nature of life in present-day USA — the “land of the free”.
Police Have Officially Killed 400 People in 2015, A New Grieving Family Every Seven and a Half Hours
By Cassandra Fairbanks | The Free Thought Project | May 6, 2015
As of May 5, 2015, the police in the United States of America have killed 401 people that we know of.
Deaths By Law Enforcement 2015:
- 91 in the 31 days of January
- 85 in the 28 days of February
- 115 in the 31 days of March
- 101 in the 30 days of April
- 8 people in the 5 days of May
Extrapolating those numbers out to an hourly figure and the police have killed someone on average, every 7.48 hours. While there is no government-run database, Killed By Police has taken it upon themselves to keep track, and are doing a fantastic job thus far. It’s truly a Cop Crisis.
The three youngest are A’donte Washington, Jason C. Hendrix, and Kendre Omari Alston who were all only 16-years-old. The oldest was 87-year-old Lewis Becker. At least four officers have also been shot and killed by other officers.
Meanwhile, the Officer Down Memorial Page is reporting gunfire related deaths of on-duty officers is down 43%.
Law Enforcement Deaths 2015:
- 9/11 related illness: 2
- Accidental: 1
- Assault: 1
- Automobile accident: 12
- Gunfire: 8
- Gunfire (Accidental): 2
- Heart attack: 10
- Motorcycle accident: 1
- Struck by vehicle: 2
- Vehicle pursuit: 2
The death by assault was Patrolman George Nissen, and they are referring to injuries sustained 10 years earlier when he was attempting to break up a large fight on February 13th, 2005.
A look at the two which were struck by vehicles, both were accidents, with one occurring while the officer was off duty and had stopped to help someone on an icy road. The other was an accident where a semi truck crashed into the officer’s vehicle.
That leaves the eight by gunfire as deaths due to suspects actively attempting to harm them this year.
Deaths of officers directly at hands of suspects this year:
- 0 in January
- 0 in February
- 6 in March
- 0 in April
- 2 in May
This means that in the 125 days of 2015, the police have been killed after being shot by a suspect, on average, every 375 hours.
According to an FBI report, Americans are less violent than ever, yet the police seem to be growing increasingly violent. These numbers seem to agree.
Being a police officer isn’t even close to being in the top 10 most dangerous jobs in this country. According to the 2013 report by the Federal Bureau of Labor Statistics on work-related fatal injuries, “Police and sheriff’s patrol deputies” ranked as the 41st most dangerous occupation.
Just some numbers for you to consider next time you or someone you know tries to claim that the “brave” men and women in blue are perpetually “fearing for their life” so that they “can get home to their families.”
Every seven and a half hours our police leave another family planning a funeral. Enough is enough; visit our #solutions section if you’d like to find out some of the many ways we can change this paradigm.
‘Father of internet’ speaks out against government demand for back doors in encryption
RT | May 5, 2015
Internet pioneer Vint Cerf said Monday that creating defects in encryption systems for law enforcement, often known as “back doors,” was “super, super risky” and not the “right answer.”
Cerf, recognized as a “father of the internet,” currently working at Google, told an audience at the National Press Club that he understood law enforcement’s desire to avoid being locked away from evidence that could be used to prevent crimes. He went on to say, however, that providing such access raises constitutional and legal questions.
“The Congress is forced now to struggle with that, and they’re going to have to listen to these various arguments about protection and safety on the one hand and preservation and privacy and confidentiality on the other,” Cerf said, as reported by The Hill.
The Obama administration has been trying to force companies like Google and Apple to create defects in encryption so the FBI and other government agencies can gain access to people’s information; this despite mounting criticism over the plan – a criticism that’s shared by Cerf.
“If you have a back door, somebody will find it, and that somebody may be a bad guy or bad guys, and they will intentionally abuse their access,” said Cerf.
“Creating this kind of technology is super, super-risky,” he added. “I don’t think that that’s the right answer.”
Former National Security Agency contractor Edward Snowden revealed a program codenamed “Bullrun,” which showed that the government penetrated encryption securities through the use of “supercomputers, technical trickery, court orders and behind-the-scenes persuasion.”
Since those disclosures, Silicon Valley industries have been working feverishly to adopt encryption technology beyond the reach of law enforcement agencies that haven’t first obtained a warrant, and to appease customers worried about their privacy. Law enforcement sees it differently, however.
“If this becomes the norm, I suggest to you that homicide cases could be stalled, suspects walked free, child exploitation not discovered and prosecuted,” FBI Director James Comey warned in October, reported The Hill.
For tech companies, though, it is not a question of creating “back doors” or “front doors” – it’s just a matter of secure technology and unsecure technology.
Last week, a bipartisan group of legislators attempted to add an amendment prohibiting the government from forcing companies to build back doors into their devices to a bill reforming the National Security Agency. Despite full support from House Judiciary Committee members, the measure was dropped over concerns it would sink the underlying bill.
Pennsylvania Court strikes down law aimed at keeping convicts out of public eye
RT | May 5, 2015
A federal court in Pennsylvania overturned the Revictimization Relief Act, which aimed to ban convicted criminals from speaking publicly.
The federal district court on Monday said the statute introduced by lawmakers violated the first amendment rights of one-time death row inmate Mumia Abu-Jamal and other prisoners. The law was introduced in response to Abu-Jamal’s [recorded] appearance at a Goddard College commencement address in Vermont in October 2014.
“The fact that certain plaintiffs have been convicted of infamous or violent crimes is largely irrelevant to our first amendment analysis. A past criminal offense does not extinguish the offender’s constitutional right to free expression,” Judge Christopher Conner wrote. “The First Amendment does not evanesce at the prison gate.”
Judge Conner wrote the law was unconstitutionally vague and over-broad. He worried that it would deter not only the speech of convicted criminals, but also people who redistribute speech such as producers quoting criminals in radio programs or newspapers publishing interviews with criminals. Conner said a law restricting expression based on content was “inherently suspect.”
Attorney Eli Segal and the American Civil Liberties Union, who brought suit against the law, told the Associated Press that the decision “says loud and clear that all of us in this commonwealth have the right to freedom of speech.”
Steve Miskin, the spokesman for the Pennsylvania House GOP leadership told AP that Conner’s ruling “is woefully short of the fact. It begs the question: Did he even read the law?”
“The point of the law was to look out for victims,” he added.
The Revictimization Relief Act, passed by Pennsylvania lawmakers in October 2014, said a victim of a personal injury crime may bring a civil action against an offender to restrict them from conduct that could perpetuate the continuing effect of the crime on the victim, including conduct causing a temporary or permanent state of mental anguish.
Mumia Abu-Jamal, an American activist and journalist, was convicted in 1982 for the 1981 murder of Pennsylvania Police Officer Daniel Faulkner. He was on death row for 30 years before appeals converted his death penalty to life without parole. Abu-Jamal claims he is a victim of a racist justice system. The Faulkner family, public authorities, police organizations and self-described conservative groups have maintained that Abu-Jamal’s trial was fair, his guilt undeniable, and his death sentence appropriate.
Earlier this year, Tom Wolf, the Governor of Pennsylvania, offered the state’s 186 death row inmates temporary reprieves from execution, calling the system “error prone, expensive and anything but useful.”
Wolf said that if the state is going to “take the irrevocable step of executing a human being, its capital sentencing system must be infallible.” He said the system was riddled with flaws and studies had called into question the accuracy and fundamental fairness of Pennsylvania’s capital sentencing system. The studies suggested there were inherent biases indicating that a person is more likely to be charged with a capital offense and sentenced to death row if he is poor or part of a minority racial group; especially so if the victim of the crime was white.
Danish anti-Israeli settlements bus ads halted
RT | May 5, 2015
Photo from facebook.com/nejtaktilbsp
The Danish Palestinian Friendship Association said Monday it would expand its anti-settlement advertising campaign after Copenhagen bus operator Movia said it was dropping their ads from buses in the city.
The advertisements were put on 35 buses in the Danish capital and featured two women and the quote: “Our conscience is clean! We neither buy products from the Israeli settlements nor invest in the settlement industry.”
But Movia said they dropped them after four days because of the number of inquiries they received about what the Danish Palestinian Friendship Association stands for, AFP reports.
[We] “received a significant number of inquiries regarding the Danish Palestinian Friendship Association’s campaign against Israeli settlements.”
The company declined to comment but released a statement saying the ads were “unnecessarily offensive.”
Fathi El-Abed, the Chairman of the Danish Palestinian Friendship Association, however said that the ads were harmless.
“It’s a clear attempt to deny us our freedom of speech. There is nothing whatsoever about this campaign that is harmful, discriminatory or hateful in any way,” he told AFP.
He insisted that his organization would press on with a national advertising campaign on Israeli settlements.
El-Abed also said that his group was supported by people “who’ve never had anything to do with the Palestinian cause.”
Christian Juhl, a lawmaker from the Red-Green Alliance, said that he thought the decision by the bus company was “embarrassing.”
The decision by Movia is in stark contrast to their refusal last year to drop ads featuring bare breasts by a plastic surgery clinic after complaints by feminists.
In New York an arguably far more offensive ad campaign was allowed on buses after a judge overturned a ban in April from the Metropolitan Transportation Authority (MTA).
The adverts were commissioned by the pro-Israeli American Freedom Defense Initiative (AFDI) and featured a masked man next to the caption “Killing Jews is Worship that draws us close to Allah. That’s his Jihad. What’s yours?”
The adverts were a spoof of an earlier far less offensive campaign by the Council on American-Islamic Relations, which encouraged Twitter users to post messages with the hashtag MyJihad where they would right about their personal and peaceful achievements.
There were also ads showing a 1941 photo of a Muslim leader meeting Hitler, which appeared on buses in Philadelphia, which were also organized by the American Freedom Defense Initiative (AFDI), a pro-Israel group led by blogger Pamela Geller.
AFDI was also behind the contest in Texas on Sunday to award $10,000 for the best cartoon depiction of Muhammad, which ISIS attempted to attack.
The latest ads come after ads linking “Islamic Jew-hatred” with Adolf Hitler appeared in San Francisco In January and in Washington DC last year.
The campaign to boycott Israeli produce and companies operating in the areas of the West Bank, which have been occupied by Israeli settlers, began in 2005, although its effectiveness in stopping the settlement program and its impact on the Israeli economy has been questioned.
The issue of Israeli settlement building in the West Bank is one of the main stalling factors in the now dead Palestine-Israeli peace talks.
In an interview Sunday with the Financial Times and the Frankfurter Allgemeine Zeitung, Jimmy Carter, former American President and peace activist, said the peace process was dead because Israeli Prime Minister Benjamin Netanyahu would never accept a Palestinian state.
Read more:
‘Islamic Jew-hatred’ ads with Hitler appear on Philly buses
NYC judge lets through anti-Palestinian ‘killing Jews’ ad as ‘freedom of speech’
USA FREEDOM Act: Just Another Word for Lost Liberty
By Ron Paul | May 3, 2015
Apologists for the National Security Agency (NSA) point to the arrest of David Coleman Headley as an example of how warrantless mass surveillance is necessary to catch terrorists. Headley played a major role in the 2008 Mumbai terrorist attack that killed 166 people.
While few would argue that bringing someone like Headley to justice is not a good thing, Headley’s case in no way justifies mass surveillance. For one thing, there is no “terrorist” exception in the Fourth Amendment. Saying a good end (capturing terrorists) justifies a bad means (mass surveillance) gives the government a blank check to violate our liberties.
Even if the Headley case somehow justified overturning the Fourth Amendment, it still would not justify mass surveillance and bulk data collection. This is because, according to an investigation by ProPublica, NSA surveillance played an insignificant role in catching Headley. One former counter-terrorism official said when he heard that NSA surveillance was responsible for Headley’s capture he “was trying to figure out how NSA played a role.”
The Headley case is not the only evidence that the PATRIOT Act and other post-9/11 sacrifices of our liberty have not increased our security. For example, the NSA’s claim that its surveillance programs thwarted 54 terrorist attacks has been widely discredited. Even the president’s Review Group on Intelligence and Communications Technologies found that mass surveillance and bulk data collection was “not essential to preventing attacks.”
According to the congressional Joint Inquiry into Intelligence Activities before and after the Terrorist Attacks of September 11, 2001 and the 9/11 Commission, the powers granted the NSA by the PATRIOT Act would not have prevented the 9/11 attacks. Many intelligence experts have pointed out that, by increasing the size of the haystack government agencies must look through, mass surveillance makes it harder to find the needle of legitimate threats.
Even though mass surveillance threatens our liberty, violates the Constitution, and does nothing to protect us from terrorism, many in Congress still cling to the fiction that the only way to ensure security is to give the government virtually unlimited spying powers. These supporters of the surveillance state are desperate to extend the provisions of the PATRIOT Act that are set to expire at the end of the month. They are particularly eager to preserve Section 215, which authorizes many of the most egregious violations of our liberties, including the NSA’s “metadata” program.
However, Edward Snowden’s revelations have galvanized opposition to the NSA’s ongoing violations of our liberties. This is why Congress will soon vote on the USA FREEDOM Act. This bill extends the expiring surveillance laws. It also contains some “reforms” that supposedly address all the legitimate concerns regarding mass surveillance.
However, a look at the USA FREEDOM Act’s details, as opposed to the press releases of its supporters, shows that the act leaves the government’s mass surveillance powers virtually untouched.
The USA FREEDOM Act has about as much to do with freedom as the PATRIOT Act had to do with patriotism. If Congress truly wanted to protect our liberties it would pass the Surveillance State Repeal Act, which repeals the PATRIOT Act. Congress should also reverse the interventionist foreign policy that increases the risk of terrorism by fostering resentment and hatred of Americans.
Fourteen years after the PATRIOT Act was rushed into law, it is clear that sacrificing liberty does little or nothing to preserve security. Instead of trying to fool the American people with phony reforms, Congress should repeal all laws that violate the Fourth Amendment, starting with the PATRIOT Act.
Teen Faces Life for Breaking Windows While Cops who Murdered Freddie Gray Receive Far Less
By Jay Syrmopoulos | The Free Thought Project | May 2, 2015
Baltimore, Md. – In a telling indictment of the lack of justice in the U.S. justice system, 18-year-old Allen Bullock, who has no adult criminal record, faces the potential of life in prison. Under Maryland State Law, rioting carries a maximum penalty of life in prison. Meanwhile, the six officers charged in the death of Freddie face maximum sentences ranging from 20 to 60 years.
Bullock faces charges stemming from a single incident, as seen in an almost iconic photo smashing in a police car with a traffic cone. He turned himself in after being encouraged by his parents, according to The Guardian.
In addition to facing shorter sentences for far more serious crimes, the officers were also given bonds ranging from $250,000-$350,000 while Bullock’s bond was set at $500,000.
All six of the officers have posted bond and been released, while Bullock remains locked up; unable to afford the half a million dollar bond.
It seems patently absurd that a teenager is facing the potential of far more prison time for eight misdemeanor charges than any of the police officers, charged with assault, manslaughter, and second-degree murder.
What message does this send our children?
The state, as evidenced by the respective potential penalties, is telling us that Freddie Gray’s life is worth less than that of some windows on a cop car.
Does smashing a police cruiser’s windows with a traffic cone truly deserve a greater penalty than taking a young man’s life?
This is why you see people taking to the streets across the U.S. and standing in solidarity with the Baltimore protesters, as Americans are tired of being abused and having their rights violated by law enforcement.
Americans are fed up with being victimized by those who have been given great power by the state. All too often, those same individuals then use that power to cover for one another, refusing to cross the thin blue line, denying accountability, while systematically laying blame on those they victimize.
While it is heartening to see the indictments of these six Baltimore cops, the double standard is extremely apparent, as highlighted by the disparity in bond and penalty in the cases mentioned above.
Harvard Trained Immunologist Demolishes California Legislation That Terminates Vaccine Exemptions
State of the Nation | April 23, 2015
SOTN Editor’s Note:
The following open letter by a PhD Immunologist completely demolishes the current California legislative initiative to remove all vaccine exemptions. That such a draconian and cynical state statute is under consideration in the ‘Golden State’ is as shocking as it is predictable. After all, it was mysteriously written and submitted shortly after the manufactured-in-Disneyland measles ‘outbreak’.
The indisputable science that is employed by Tetyana Obukhanych, PhD ought to be read by every CA legislator who is entertaining an affirmative vote for SB277. Dr. Obukhanych skillfully deconstructs the many false and fabricated arguments that are advanced by Big Pharma and the U.S Federal Government as they attempt to implement a nationwide Super-Vaccination agenda.
When the California Senate refuses to consider authoritative scientific evidence which categorically proves the dangerous vaccine side effects on the schoolchildren, something is very wrong. Such conduct by the Senate constitutes criminal action that endangers the lives and welfare of children. Their official behavior must be acknowledged for what it is — CRIMINAL — and prosecuted to the fullest extent of the law.
An Open Letter to Legislators Currently Considering Vaccine Legislation from Tetyana Obukhanych, PhD in Immunology
Re: VACCINE LEGISLATION
Dear Legislator:
My name is Tetyana Obukhanych. I hold a PhD in Immunology. I am writing this letter in the hope that it will correct several common misperceptions about vaccines in order to help you formulate a fair and balanced understanding that is supported by accepted vaccine theory and new scientific findings.
Do unvaccinated children pose a higher threat to the public than the vaccinated?
It is often stated that those who choose not to vaccinate their children for reasons of conscience endanger the rest of the public, and this is the rationale behind most of the legislation to end vaccine exemptions currently being considered by federal and state legislators country-wide. You should be aware that the nature of protection afforded by many modern vaccines – and that includes most of the vaccines recommended by the CDC for children – is not consistent with such a statement. I have outlined below the recommended vaccines that cannot prevent transmission of disease either because they are not designed to prevent the transmission of infection (rather, they are intended to prevent disease symptoms), or because they are for non-communicable diseases. People who have not received the vaccines mentioned below pose no higher threat to the general public than those who have, implying that discrimination against non-immunized children in a public school setting may not be warranted.
- IPV (inactivated poliovirus vaccine) cannot prevent transmission of poliovirus (see appendix for the scientific study, Item #1). Wild poliovirus has been non-existent in the USA for at least two decades. Even if wild poliovirus were to be re-imported by travel, vaccinating for polio with IPV cannot affect the safety of public spaces. Please note that wild poliovirus eradication is attributed to the use of a different vaccine, OPV or oral poliovirus vaccine. Despite being capable of preventing wild poliovirus transmission, use of OPV was phased out long ago in the USA and replaced with IPV due to safety concerns.
- Tetanus is not a contagious disease, but rather acquired from deep-puncture wounds contaminated with C. tetani spores. Vaccinating for tetanus (via the DTaP combination vaccine) cannot alter the safety of public spaces; it is intended to render personal protection only.
- While intended to prevent the disease-causing effects of the diphtheria toxin, the diphtheria toxoid vaccine (also contained in the DTaP vaccine) is not designed to prevent colonization and transmission of C. diphtheriae. Vaccinating for diphtheria cannot alter the safety of public spaces; it is likewise intended for personal protection only.
- The acellular pertussis (aP) vaccine (the final element of the DTaP combined vaccine), now in use in the USA, replaced the whole cell pertussis vaccine in the late 1990s, which was followed by an unprecedented resurgence of whooping cough. An experiment with deliberate pertussis infection in primates revealed that the aP vaccine is not capable of preventing colonization and transmission of B. pertussis (see appendix for the scientific study, Item #2). The FDA has issued a warning regarding this crucial finding.[1]
- Furthermore, the 2013 meeting of the Board of Scientific Counselors at the CDC revealed additional alarming data that pertussis variants (PRN-negative strains) currently circulating in the USA acquired a selective advantage to infect those who are up-to-date for their DTaP boosters (see appendix for the CDC document, Item #3), meaning that people who are up-to-date are more likely to be infected, and thus contagious, than people who are not vaccinated.
- Among numerous types of H. influenzae, the Hib vaccine covers only type b. Despite its sole intention to reduce symptomatic and asymptomatic (disease-less) Hib carriage, the introduction of the Hib vaccine has inadvertently shifted strain dominance towards other types of H. influenzae (types a through f).These types have been causing invasive disease of high severity and increasing incidence in adults in the era of Hib vaccination of children (see appendix for the scientific study, Item #4). The general population is more vulnerable to the invasive disease now than it was prior to the start of the Hib vaccination campaign. Discriminating against children who are not vaccinated for Hib does not make any scientific sense in the era of non-type b H. influenzae disease.
- Hepatitis B is a blood-borne virus. It does not spread in a community setting, especially among children who are unlikely to engage in high-risk behaviors, such as needle sharing or sex. Vaccinating children for hepatitis B cannot significantly alter the safety of public spaces. Further, school admission is not prohibited for children who are chronic hepatitis B carriers. To prohibit school admission for those who are simply unvaccinated – and do not even carry hepatitis B – would constitute unreasonable and illogical discrimination.
In summary, a person who is not vaccinated with IPV, DTaP, HepB, and Hib vaccines due to reasons of conscience poses no extra danger to the public than a person who is. No discrimination is warranted.
How often do serious vaccine adverse events happen?
It is often stated that vaccination rarely leads to serious adverse events. Unfortunately, this statement is not supported by science. A recent study done in Ontario, Canada, established that vaccination actually leads to an emergency room visit for 1 in 168 children following their 12-month vaccination appointment and for 1 in 730 children following their 18-month vaccination appointment (see appendix for a scientific study, Item #5).
When the risk of an adverse event requiring an ER visit after well-baby vaccinations is demonstrably so high, vaccination must remain a choice for parents, who may understandably be unwilling to assume this immediate risk in order to protect their children from diseases that are generally considered mild or that their children may never be exposed to.
Can discrimination against families who oppose vaccines for reasons of conscience prevent future disease outbreaks of communicable viral diseases, such as measles?
Measles research scientists have for a long time been aware of the “measles paradox.” I quote from the article by Poland & Jacobson (1994) “Failure to Reach the Goal of Measles Elimination: Apparent Paradox of Measles Infections in Immunized Persons.” Arch Intern Med 154:1815-1820:
“The apparent paradox is that as measles immunization rates rise to high levels in a population, measles becomes a disease of immunized persons.”[2]
Further research determined that behind the “measles paradox” is a fraction of the population called LOW VACCINE RESPONDERS. Low-responders are those who respond poorly to the first dose of the measles vaccine. These individuals then mount a weak immune response to subsequent RE-vaccination and quickly return to the pool of “susceptibles’’ within 2-5 years, despite being fully vaccinated.[3]
Re-vaccination cannot correct low-responsiveness: it appears to be an immuno-genetic trait.[4] The proportion of low-responders among children was estimated to be 4.7% in the USA.[5]
Studies of measles outbreaks in Quebec, Canada, and China attest that outbreaks of measles still happen, even when vaccination compliance is in the highest bracket (95-97% or even 99%, see appendix for scientific studies, Items #6&7). This is because even in high vaccine responders, vaccine-induced antibodies wane over time. Vaccine immunity does not equal life-long immunity acquired after natural exposure.
It has been documented that vaccinated persons who develop breakthrough measles are contagious. In fact, two major measles outbreaks in 2011 (in Quebec, Canada, and in New York, NY) were re-imported by previously vaccinated individuals.[6] – [7]
Taken together, these data make it apparent that elimination of vaccine exemptions, currently only utilized by a small percentage of families anyway, will neither solve the problem of disease resurgence nor prevent re-importation and outbreaks of previously eliminated diseases.
Is discrimination against conscientious vaccine objectors the only practical solution?
The majority of measles cases in recent US outbreaks (including the recent Disneyland outbreak) are adults and very young babies, whereas in the pre-vaccination era, measles occurred mainly between the ages 1 and 15. Natural exposure to measles was followed by lifelong immunity from re-infection, whereas vaccine immunity wanes over time, leaving adults unprotected by their childhood shots. Measles is more dangerous for infants and for adults than for school-aged children.
Despite high chances of exposure in the pre-vaccination era, measles practically never happened in babies much younger than one year of age due to the robust maternal immunity transfer mechanism. The vulnerability of very young babies to measles today is the direct outcome of the prolonged mass vaccination campaign of the past, during which their mothers, themselves vaccinated in their childhood, were not able to experience measles naturally at a safe school age and establish the lifelong immunity that would also be transferred to their babies and protect them from measles for the first year of life.
Luckily, a therapeutic backup exists to mimic now-eroded maternal immunity. Infants as well as other vulnerable or immunocompromised individuals, are eligible to receive immunoglobulin, a potentially life-saving measure that supplies antibodies directed against the virus to prevent or ameliorate disease upon exposure (see appendix, Item #8).
In summary: 1) due to the properties of modern vaccines, non-vaccinated individuals pose no greater risk of transmission of polio, diphtheria, pertussis, and numerous non-type b H. influenzae strains than vaccinated individuals do, non-vaccinated individuals pose virtually no danger of transmission of hepatitis B in a school setting, and tetanus is not transmissible at all; 2) there is a significantly elevated risk of emergency room visits after childhood vaccination appointments attesting that vaccination is not risk-free; 3) outbreaks of measles cannot be entirely prevented even if we had nearly perfect vaccination compliance; and 4) an effective method of preventing measles and other viral diseases in vaccine-ineligible infants and the immunocompromised, immunoglobulin, is available for those who may be exposed to these diseases.
Taken together, these four facts make it clear that discrimination in a public school setting against children who are not vaccinated for reasons of conscience is completely unwarranted as the vaccine status of conscientious objectors poses no undue public health risk.
Sincerely Yours,
~ Tetyana Obukhanych, PhD
Tetyana Obukhanych, PhD, is the author of the book Vaccine Illusion. She has studied immunology in some of the world’s most prestigious medical institutions. She earned her PhD in Immunology at the Rockefeller University in New York and did postdoctoral training at Harvard Medical School, Boston, MA and Stanford University in California.
Dr. Obukhanych offers online classes for those who want to gain deeper understanding of how the immune system works and whether the immunologic benefits of vaccines are worth the risks: Natural Immunity Fundamentals.
Appendix
Item #1. The Cuba IPV Study collaborative group. (2007) Randomized controlled trial of inactivated poliovirus vaccine in Cuba. N Engl J Med 356:1536-44
http://www.ncbi.nlm.nih.gov/pubmed/17429085
The table below from the Cuban IPV study documents that 91% of children receiving no IPV (control group B) were colonized with live attenuated poliovirus upon deliberate experimental inoculation. Children who were vaccinated with IPV (groups A and C) were similarly colonized at the rate of 94-97%. High counts of live virus were recovered from the stool of children in all groups. These results make it clear that IPV cannot be relied upon for the control of polioviruses.
Item #2. Warfel et al. (2014) Acellular pertussis vaccines protect against disease but fail to prevent infection and transmission in a nonhuman primate model.Proc Natl Acad Sci USA 111:787-92
http://www.ncbi.nlm.nih.gov/pubmed/24277828
“Baboons vaccinated with aP were protected from severe pertussis-associated symptoms but not from colonization, did not clear the infection faster than naïve [unvaccinated] animals, and readily transmitted B. pertussis to unvaccinated contacts. By comparison, previously infected [naturally-immune] animals were not colonized upon secondary infection.”
Item #3. Meeting of the Board of Scientific Counselors, Office of Infectious Diseases, Centers for Disease Control and Prevention, Tom Harkins Global Communication Center, Atlanta, Georgia, December 11-12, 2013
http://www.cdc.gov/maso/facm/pdfs/BSCOID/2013121112_BSCOID_Minutes.pdf
Resurgence of Pertussis (p.6)
“Findings indicated that 85% of the isolates [from six Enhanced Pertussis Surveillance Sites and from epidemics in Washington and Vermont in 2012] were PRN-deficient and vaccinated patients had significantly higher odds than unvaccinated patients of being infected with PRN-deficient strains. Moreover, when patients with up-to-date DTaP vaccinations were compared to unvaccinated patients, the odds of being infected with PRN-deficient strains increased, suggesting that PRN-bacteria may have a selective advantage in infecting DTaP-vaccinated persons.”
Item #4. Rubach et al. (2011) Increasing incidence of invasive Haemophilus influenzae disease in adults, Utah, USA. Emerg Infect Dis 17:1645-50
http://www.ncbi.nlm.nih.gov/pubmed/21888789
The chart below from Rubach et al. shows the number of invasive cases of H. influenzae(all types) in Utah in the decade of childhood vaccination for Hib.
Item #5. Wilson et al. (2011) Adverse events following 12 and 18 month vaccinations: a population-based, self-controlled case series analysis. PLoS One 6:e27897
http://www.ncbi.nlm.nih.gov/pubmed/22174753
“Four to 12 days post 12 month vaccination, children had a 1.33 (1.29-1.38) increased relative incidence of the combined endpoint compared to the control period, or at least one event during the risk interval for every 168 children vaccinated. Ten to 12 days post 18 month vaccination, the relative incidence was 1.25 (95%, 1.17-1.33) which represented at least one excess event for every 730 children vaccinated. The primary reason for increased events was statistically significant elevations in emergency room visits following all vaccinations.”
Item #6. De Serres et al. (2013) Largest measles epidemic in North America in a decade–Quebec, Canada, 2011: contribution of susceptibility, serendipity, and superspreading events. J Infect Dis 207:990-98
http://www.ncbi.nlm.nih.gov/pubmed/23264672
“The largest measles epidemic in North America in the last decade occurred in 2011 in Quebec, Canada.”
“A super-spreading event triggered by 1 importation resulted in sustained transmission and 678 cases.”
“The index case patient was a 30-39-year old adult, after returning to Canada from the Caribbean. The index case patient received measles vaccine in childhood.”
“Provincial [Quebec] vaccine coverage surveys conducted in 2006, 2008, and 2010 consistently showed that by 24 months of age, approximately 96% of children had received 1 dose and approximately 85% had received 2 doses of measles vaccine, increasing to 97% and 90%, respectively, by 28 months of age. With additional first and second doses administered between 28 and 59 months of age, population measles vaccine coverage is even higher by school entry.”
“Among adolescents, 22% [of measles cases] had received 2 vaccine doses. Outbreak investigation showed this proportion to have been an underestimate; active case finding identified 130% more cases among 2-dose recipients.”
Item #7. Wang et al. (2014) Difficulties in eliminating measles and controlling rubella and mumps: a cross-sectional study of a first measles and rubella vaccination and a second measles, mumps, and rubella vaccination. PLoS One9:e89361
http://www.ncbi.nlm.nih.gov/pubmed/24586717
“The reported coverage of the measles-mumps-rubella (MMR) vaccine is greater than 99.0% in Zhejiang province. However, the incidence of measles, mumps, and rubella remains high.”
Item #8. Immunoglobulin Handbook, Health Protection Agency
HUMAN NORMAL IMMUNOGLOBULIN (HNIG):
Indications
- To prevent or attenuate an attack in immuno-compromised contacts
- To prevent or attenuate an attack in pregnant women
- To prevent or attenuate an attack in infants under the age of 9 months
[1] http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm376937.htm
[2] http://archinte.jamanetwork.com/article.aspx?articleid=619215
[3] Poland (1998) Am J Hum Genet 62:215-220
http://www.ncbi.nlm.nih.gov/pubmed/9463343
“ ‘poor responders,’ who were re-immunized and developed poor or low-level antibody responses only to lose detectable antibody and develop measles on exposure 2–5 years later.”
[4] ibid
“Our ongoing studies suggest that seronegativity after vaccination [for measles] clusters among related family members, that genetic polymorphisms within the HLA [genes] significantly influence antibody levels.”
[5] LeBaron et al. (2007) Arch Pediatr Adolesc Med 161:294-301
http://www.ncbi.nlm.nih.gov/pubmed/17339511
“Titers fell significantly over time [after second MMR] for the study population overall and, by the final collection, 4.7% of children were potentially susceptible.”
[6] De Serres et al. (2013) J Infect Dis 207:990-998
http://www.ncbi.nlm.nih.gov/pubmed/23264672
“The index case patient received measles vaccine in childhood.”
[7] Rosen et al. (2014) Clin Infect Dis 58:1205-1210
http://www.ncbi.nlm.nih.gov/pubmed/24585562
“The index patient had 2 doses of measles-containing vaccine.”
Civil Liberty Violations Seen in NYPD Interrogations of Demonstrators
By Noel Brinkerhoff | AllGov | April 30, 2015
The New York City Police Department is back to doing something it was told by the courts decades ago to stop: interrogating demonstrators about their political behavior.
At least a dozen people protesting the decision not to prosecute the police who killed Eric Garner were detained by the NYPD. They later told The New York Times that they were questioned about their political associations and other matters related to their involvement in street protests.
The interrogations could have a chilling effect on Americans lawfully exercising their right to protest and may also put the department in violation of a 1985 consent decree that came out of a federal court case, Handschu v. Special Services Division (pdf), which was supposed to end investigations of political activity.
The recent NYPD actions aren’t the first time it has skirted the legalities of the Handschu settlement. In 2003, the department was rebuked after its Intelligence Division detectives collected information from antiwar protestors such as their school, their membership in organizations and their involvement in past protests.
The Times’ Colin Moynihan wrote that “some civil liberties lawyers say the recent questioning appeared to be substantially similar to the questioning in 2003,” with detectives focusing on political involvement, not criminal behavior.
“When the police investigate political affiliations and political activities, that poses a serious threat to First Amendment rights,” Christopher Dunn, the associate legal director of the New York Civil Liberties Union, told the Times. “The NYPD should stop this immediately.”
To Learn More:
Questioning of Garner Protesters in New York Renews Concerns about Police Practices (by Colin Moynihan, New York Times )
Chicago Police Accused of Running Secret Interrogation Center (by Noel Brinkerhoff, AllGov )
Supreme Court Rules a Suspect’s Silence during Police Interrogation Can be Used against Him (by Noel Brinkerhoff and Danny Biederman, AllGov )
Featured Video
Seyed M. Marandi: US-Iran War Inevitable: Kuwait and Bahrain May Fall
or go to
Aletho News Archives – Video-Images
From the Archives
Oil and the Israel Lobby
Reknowned economist M. Shahid Alam offers this excellent critique of Noam Chomsky’s defective analysis of the relative influence of Oil versus the Israel lobby over US foreign policy: … continue
Blog Roll
Aletho News- ICC ignored ‘very well-documented’ NATO crimes – ex-Libyan minister
- SNSC secretary dismisses US response to Iran’s conditions as ‘inadequate’
- Sanaa says Taiz roads open, secure for residents, warns Saudi forces
- Iraqi resistance group urges Saudi leadership to admit defeat, lift Yemen siege
- Trump’s Retreat: How Al-Aqsa Flood Took Down the US Empire
- Israel’s Military Actions in Lebanon Grossly Violate International Law — Lavrov
- Seyed M. Marandi: US-Iran War Inevitable: Kuwait and Bahrain May Fall
- Leaders Condemn Ansarallah Attack on Saudi Arabia While Ignoring Illegal War Against Yemen
- Leaked: Britain’s Covert Iraqi Psyops Network
- Yemeni Armed Forces Warn Airlines Against Using Saudi Airports, Exempt Mecca and Medina
- If Americans Knew
- How Israel Conquered the Latin American Right
- Agents search Rep. Omar’s Washington home in criminal probe as she vows she won’t ‘be silenced’
- “The Rule Was: ‘Shoot Everyone You See'”
- Israel goes ballistic over Nobel Laureate Navi Pillay
- U.S. May Join Yet Another Middle Eastern War — TCN
- Yellow Line moves again as Israel closes in on trapped Gazans – Daily Update
- Israeli Attacks Kill Seven Palestinians in Gaza Including Six-year-old Girl
- Gaza: Ceasefire Anniversary Marks Year of Failed Promises
- The American Conservative: Mike Huckabee Should Resign
- A C-Section in Shackles: A Palestinian Woman’s Harrowing Birth in Israeli Detention
- No Tricks Zone
- Germany’s Green Energy Debacle: High Energy Costs Force Kahla Porzellan to Close After 182 Years!
- New Study: 50 Years Of The Most Aggressive ‘Net Zero’ Policies Can Only Affect The Global Climate By 0.03°C
- US September “Heat” Was No Record…Many Records Set Decades Ago
- Latest European Green Energy Debacle; Portugal’s Largest Flagship Solar Park Insolvent!
- Green Energy Debacle: German Expert Professor Fritz Vahrenholt Warns Of Severe Economic And Social Consequences
- Two More Paleo Reconstructions Affirm Meters-Higher Sea Levels Across Ireland, Brazil 7000-6000 Years Ago
- New Study: Earth And Venus Surface Warmth Largely Explained By Convection And Lapse Rate, Not CO2 Or Radiation
- 2025 Nature Paper Claiming Worsening Global Drought Gets RETRACTED …Heavily Flawed
- New Study: ‘Global Drought Shows No Detectable Recent Acceleration Under Climate Warming’
- Economic Masterminds: German Socialists Suggest Taxing Productivity Gains Stemming From Using AI
