We Agree
September – 2008
The Republican/Democrat duopoly has, for far too long, ignored the most important issues facing our nation. However, alternate candidates Chuck Baldwin, Cynthia McKinney, and Ralph Nader agree with Ron Paul on four key principles central to the health of our nation. These principles should be key in the considerations of every voter this November and in every election.
We Agree
Foreign Policy: The Iraq War must end as quickly as possible with removal of all our soldiers from the region. We must initiate the return of our soldiers from around the world, including Korea, Japan, Europe and the entire Middle East. We must cease the war propaganda, threats of a blockade and plans for attacks on Iran, nor should we re-ignite the cold war with Russia over Georgia. We must be willing to talk to all countries and offer friendship and trade and travel to all who are willing. We must take off the table the threat of a nuclear first strike against all nations.
Privacy: We must protect the privacy and civil liberties of all persons under US jurisdiction. We must repeal or radically change the Patriot Act, the Military Commissions Act, and the FISA legislation. We must reject the notion and practice of torture, eliminations of habeas corpus, secret tribunals, and secret prisons. We must deny immunity for corporations that spy willingly on the people for the benefit of the government. We must reject the unitary presidency, the illegal use of signing statements and excessive use of executive orders.
The National Debt: We believe that there should be no increase in the national debt. The burden of debt placed on the next generation is unjust and already threatening our economy and the value of our dollar. We must pay our bills as we go along and not unfairly place this burden on a future generation.
The Federal Reserve: We seek a thorough investigation, evaluation and audit of the Federal Reserve System and its cozy relationships with the banking, corporate, and other financial institutions. The arbitrary power to create money and credit out of thin air behind closed doors for the benefit of commercial interests must be ended. There should be no taxpayer bailouts of corporations and no corporate subsidies. Corporations should be aggressively prosecuted for their crimes and frauds.
Palestinian Children forced out of bed to be photographed by the Israeli army
By Mais Azza | IMEMC & Agencies | September 29, 2011
The British newspaper, The Guardian, reported on Thursday that Israeli troops recently invaded the village of an-Nabi Saleh, known for being a center of non-violent resistance, and went house-to-house forcing children out of bed in the middle of the night to photograph them.
The Guardian article also details some of the other mistreatment of Palestinian children by the Israeli military, referencing a recent report from Defence for Children International showing that eight recommendations made last year by the organization have not been carried out by the Israeli military and government.
These include detention of children without charge, forced interrogation of children with no lawyer or parent present, the failure to investigate reports of torture by Israeli forces against Palestinian children, the refusal to inform parents that their child has been detained and the holding of criminal proceedings against children in military courts, among others.
In the invasion of Nabi Saleh Wednesday night, residents reported that the soldiers said they plan to make a file of all the children in the village to use to identify any child that may later throw stones at the army.
The village of an-Nabi Saleh, home to around five hundred people, is one of several West Bank villages that hold weekly non-violent protests against the Israeli Annexation Wall that is being built on village land. At each protest, the Israeli army uses lethal and semi-lethal weapons to attack the non-violent demonstrators.
The inhabitants of the village say that they depend on international and Palestinian human rights organization to help document the illegal Israeli practices and violations of human rights by the Israeli military, in order to save their children from these practices.
The Guardian article also quotes a July 2011 report by Israeli human rights group B’Tselem which details the practice of photographing children in the night: “The photos were taken for what the army calls ‘mapping’: the army did not have any basis for suspecting any particular minor they awoke to photograph, but they wanted to build a reservoir of pictures they could later use for identification purposes, should the minor be involved in stone-throwing or other violent activity. In response to a report on the issue which was broadcast on Channel 10 News, the army said that ‘it uses a variety of means to maintain order and security’.”
Israeli Police Arrest Hotel Manager Over Conference
September 25, 2011 – WAFA
JERUSALEM – Israeli police Sunday raided the National Hotel in East Jerusalem and arrested its manager, Mohammad Qarain, because his hotel held a conference on Palestinian curricula, according to witnesses.
A reinforced Israeli force of police, border police and intelligence raided the National Hotel and arrested its manager for not complying with the decision preventing holding the Palestinian curricula conference, which was called for by the civil committee to preserve the Palestinian curricula, witnesses said.
Jerusalem institutions along with the civil committee to preserve the Palestinian curricula called for this important meeting, to discuss ways to deal with and respond to the Israeli municipality of Jerusalem to distort the Palestinian curricula, which is taught in different Jerusalem schools.
Alabama Town’s ‘Jesus Or Jail’ Policy Violates The Constitution
Americans United | September 26, 2011
Officials in Bay Minette, Ala., have crossed a constitutional line by creating a program that allows low-level offenders to choose between fines and jail or going to church for a year, says Americans United for Separation of Church and State.
“I have just two words for this ill-considered scheme: blatantly unconstitutional,” said the Rev. Barry W. Lynn, executive director of Americans United. “Government simply can’t put people in a position where their only choice is Jesus or jail.”
Bay Minette Police Chief Mike Rowland says 56 churches have agreed to take part in the program, dubbed “Operation Restore Our Community.” Rowland says the plan is legal because no one is forced to go to church – they can choose fines or incarceration instead.
Americans United says Bay Minette is offering no real choice at all and that the scheme will clearly have the effect of funneling people into houses of worship.
In a letter to Rowland and Mayor Jamie Tillery sent today, attorneys with Americans United urged the town to drop the plan.
“Under well-established decisions, the City may not force individuals – even those convicted of crimes – to choose between religion and jail,” reads the letter.
The letter goes on to say, “The Program would be unconstitutional even if participants could, as the City has asserted, attend the religious service of their choice. For one, any such choice is purely theoretical: only churches participate in the Program and so in practice defendants must attend Christian services. In any event, the Program would violate the Constitution even if other religions did participate because the First Amendment also requires the government to remain neutral between religion and non-religion.”
The letter requests a response within 14 days.
Americans United’s letter was drafted by Gregory M. Lipper, AU litigation counsel, and AU Legal Director Ayesha N. Khan.
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Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.
Student solidarity and justice groups condemn Irvine 11 convictions
Nora Barrows-Friedman – The Electronic Intifada – 09/26/2011
Immediately following the convictions of the Irvine 11 students last Friday, student and activism groups across the US have condemned the guilty verdicts while pledging to stand in solidarity with the Irvine 11, defend free speech and protect the right to dissent.
More than 30 Students for Justice in Palestine (SJP) university chapters nationwide signed onto a pledge over the weekend that stated, in full:
We join our voices with the unjustly charged and convicted Irvine 11, who dared to draw attention to Israel’s war crimes. Orange County District Attorney, Tony Rackauckus, has punished students who care about the world enough to try to change it. The 11 students refused to remain silent when Israeli Ambassador Michael Oren spoke at the University of California, Irvine in February 2010. Their brief outbursts, at best representing protected First Amendment speech and at worst harmless civil disobedience, have led to McCarthyistic misdemeanor charges. On September 23, 2011, an Orange Country jury found them “guilty.”
We unequivocally condemn these charges, which unfairly single out and criminalize Muslim students who chose to exercise their First Amendment right to speak out against Israel’s human rights abuses. Had the speaker not been Israeli, had the issue not been Palestine, had the students not been Muslim, these charges never would have been pursued. Rather, these charges reflect a climate of Islamophobia and an irrational exceptionalism for Israel when it comes to free speech. The charges chill the free exchange of ideas and students’ right to protest at universities nationwide.
It is our right and duty to speak out against Israel’s egregious violations of international law and Palestinian rights. The American government gives Israel over three billion dollars a year in military aid and is therefore directly responsible for Israel’s actions. We are troubled by the increased suppression of student voices in support of the Palestinian struggle for freedom. Student groups around the country continue to be targeted for their criticisms of Israeli governmental policies. University administrators find themselves under intense pressure from the Israel Lobby when pro-Palestine events occur on campus. It comes in the form of public smearing, alumni pressure, and frivolous lawsuits, as well as U.S. Department of Education investigations that seek to classify criticism of Israel as a violation of students’ civil rights. But it is the criminal prosecution of the Irvine 11 and the silencing of student activists everywhere that violate our civil rights.
It is inconceivable to suggest that Ambassador Oren, who has published four opinion-editorials in the New York Times alone and can easily command the attention of newspapers and television crews, has been denied a voice. On the other hand, it is routine for Palestinians to be silenced by the military and government that he represents without any media attention. The Irvine 11 shed light on the Palestinian voices constantly excluded from the media and public discourse.
To the Irvine 11: you are not alone. Like Dr. King wrote of his own unjust verdict, this week in September, the court convicted more than just you; it convicted every student dedicated to upholding human rights and ending injustice. We commend you for your courage and moral clarity. We know that the Irvine 11 are convicted criminals — but we are proud of their crime.
Harvard University’s Palestine Solidarity Committee posted a similar press release that stated:
The Irvine 11 should be commended for confronting Oren’s propaganda effort to whitewash Israel’s criminal actions and policies in front of college audiences. Instead, they have been unjustly punished for constitutionally-protected dissent that is a routine part of student activism, including here at Harvard.
On November 23, 2009, Harvard students also staged a walk-out of a speech by Oren at the Harvard Kennedy School. Last year, AIDS activists from Harvard and other colleges heckled and interrupted President Obama while he spoke in Boston. In neither case were students punished for exercising their right to protest.
… We call on students to support the Irvine 11 as they move ahead in appealing this unjust verdict. Further, we call on students to redouble their Palestine solidarity efforts. This attack only reinforces the urgency of continuing to organize in support of equality, justice and freedom for Palestinians and all oppressed peoples.
Daughter of Mayor: I was interrogated 13 times while handcuffed
Palestine In formation Center – 25/09/2011
RAMALLAH — The daughter of Al-Bireh mayor Jamal al-Tawil said she was bound, photographed, isolated and questioned by some 13 investigators after Israeli forces arrested her on 6 July without charges in an apparent bid to pressure her father.
Bushra al-Tawil was transferred between three detention centers in Beit El and Ashkelon and kept in isolation for sixteen days before ending up in HaSharon prison, where she is currently being held, said Botheina Daqmaq, head of the Palestinian Mandela rights organization, who at length managed to visit Tawil and collect statements.
Daqmaq learned that Tawil was denied freedom by an Israeli court although no formal charges have been placed against her.
“Thirteen investigators took turns to interrogate me while I was handcuffed to the back. They insulted me using profane language and screamed at me loudly asking that I repent,” Tawil said, adding that the investigators threatened to harm her family members and bring her parents in for the interrogation. They also photographed her while she was bound in cuffs, she said.
“In a terrible atmosphere of isolation and deprivation of all my rights, they led me one day to a private room and placed me on a lie detector for three hours, and did not allow me to pray and I was barely allowed to use the bathroom,” she said.
Tawil informed the rights activist and lawyer that she was placed in isolation for 15 days upon her arrival to the Israeli HaSharon prison, noting that the most difficult part of all was what she called the “journey of misery”, when she was repeatedly removed for court hearings.
“The prison administration sent me to court three times consecutively without a court hearing taking place,” she said, noting that each time she was transported by a large armored vehicle without air or light, where the prisoner sits shackled by the hands and feet on an iron bench.
In her first visit by a rights organization after she was denied a visit by the Red Cross, Bushra made desperate calls for looking into her case, saying that the courts ruled for release, but Israeli intelligence foiled the decision.
Newspaper Editor Files Suit Against Philadelphia Police for Constitutional Violations
By Walter Brasch | OpEd News | September 21, 2011
A former managing editor for an online newspaper, OpEdNews, has sued the city of Philadelphia and eight of its police officers for violating her Constitutional rights.
Cheryl Biren-Wright, Pennsauken, N.J., charges the defendants with violating her 1st, 4th, and 14th amendment rights. The civil action, filed in the U.S. District Court, Philadelphia, is based upon her arrest during a peaceful protest September 12, 2009, at the Army Experience Center (AEC) in the Franklin Mills Mall.
According to the complaint, Biren-Wright, who was not a part of the demonstration but at the mall as a reporter-photographer, was arrested and charged with failure to disperse and conspiracy, second degree misdemeanors. The charges were subsequently dropped by the Philadelphia district attorney.
The Philadelphia police also arrested and charged six protestors with conspiracy and failure to disperse—Elaine Brower, 55, New York, N.Y.; Richie Marini, 35, Staten Island, N.Y.; Joan Pleune, 70, Brooklyn, N.Y.(one of the original Freedom Riders in 1961); Beverly Rice, 72, New York, N.Y.; Debra Sweet, 57, Brooklyn, N.Y.; and Sarah Wellington, 26, Piermont, N.Y. Two months after Biren-Wright’s case was dropped, the six protestors were found not guilty in Philadelphia Municipal Court.
Paul J. Hetznecker, who represented the six defendants in the criminal trial, and Biren-Wright in her civil suit, believes that police over-reaction to protestors, as well as their lack of knowledge or appreciation for Constitutional protections, may be “a systemic problem throughout the country.” Hetznecker says under Constitutional and state law, “There can not be an arbitrary and capricious decision to end the civil rights of the protestors.”
The civil suit complaint charges that police violated Biren-Wright’s First Amendment rights to “gather information . . . to cover a matter of public interest including the law enforcement activity in public places.” Actions by the police deprived her of 4th and 14th amendment rights that, according to the complaint, protect against “unreasonable search and seizure,” “loss of physical liberty,” and “freedom from excessive use of unreasonable and justified force.”
The suit lists six separate counts:
● Abridgement of her rights under the First Amendment to observe and record news in a public place;
● False arrest and imprisonment;
● Use of excessive force by the police;
● False arrest under state law;
● Common Law Assault under state law; and,
● Failure of the City of Philadelphia to adequately train and supervise its police.
The complaint charges that because of accepted practices, the defendants may have believed “that their actions would not be properly investigated by supervisory officers and that the misconduct would not be investigated or sanctioned, but would be tolerated.” The policy, according to the complaint, “demonstrates a deliberate indifference on the part of the policymakers of the City of Philadelphia to the constitutional rights of persons within the City, and were the cause of the violations of the Plaintiff’s rights. . . .”
Named in the suit in addition to the City of Philadelphia are Lt. Dennis Konczyk, officers Tyrone Wiggins, John Logan, Robert Anderson, Donald West, William Stuski, and two unnamed John Does.
The Philadelphia Police Department refused to comment about the suit as a matter of policy regarding “issues in court,” according to Jillian Russell, Department spokesperson.
In August 2008, the Army opened the AEC, a 14,500 square foot “virtual educational facility” with dozens of video games. The Center, deliberately located near an indoor skateboard park, replaced five more traditional recruiting offices, and was designated as a two-year pilot program. The initial cost was $12 million.
Army recruiters could not actively recruit children under 17, but could talk with the teens and answer any of their questions about the Army. Among the virtual games was one in which children as young as 13 could ride a stationary Humvee and shoot a simulated M-16 rifle at life-like video images of Muslims and terrorists.
Because of the emphasis upon war, and a requirement that all persons had to sign in at the center, thus allowing the recruiters to follow up as much as four or five years later, peace activists began speaking out against the AEC.
To counter what was quickly becoming a public relations problem, the Army sent out news releases, picked up by the mainstream media, and established a full social media campaign to explain the “benefits” of the AEC. The protests continued.
Elaine Brower, whose son was in Iraq on his third tour of duty, told OpEdNews a day after her arrest: “The AEC is giving guns to 13-year-olds, drawing them in with violent video games. As more and more Afghan civilians and U.S. military are being killed in the U.S. occupation of Afghanistan, we’re saying ‘no’ to these wars. We’ve got to stop the flow of youth into the military, where they’re being used to commit war crimes in our name.”
With a police permit, and escorted by officers from Philadelphia’s Civil Affairs Unit, about 200–250 protestors—most of them middle-aged or senior citizens, many of them veterans—had come to the AEC, believing their First Amendment rights were being protected. The protest, although noisy at times, was peaceful; the counter-demonstration wasn’t.
According to the complaint, “The counter-demonstrators [members of an organization known as The Gathering of Eagles] yelled, jeered and taunted the AEC protestors. At no time did [the police] direct, or attempt to limit the First Amendment activities of the counter-demonstrators,” nor were they ever told to disperse.
Throughout the demonstration, the protestors had not given any indication that they posed any physical threat to others. However, about 45 minutes after the demonstration began, the police, under direction of Lt. Konczyk, ordered the protestors to disperse.
At that point, Biren-Wright, according to the complaint, “placed herself outside the immediate area . . . so as not to interfere with the police activity.” She continued to photograph and report on the demonstration. The complaint charges that Lt. Konczyk, “without just cause or legal justification,” directed several officers to arrest her, walking past several protestors and counter-demonstrators. She says she told the officers she was a member of the press. At no time, she says, did she participate as a demonstrator nor verbally or physically threaten anyone. The officers, says Biren-Wright, arrested her without any warning. The arresting officer’s “degree of anger—he was clearly red-faced—was inappropriate,” she recalls. The police, says Biren-Wright, “were clearly targeting me, trying to keep me from recording the demonstration and their reactions.”
One officer, says Biren-Wright, “unnecessarily twisted my arm.” Another officer seized her camera and personal items. One of the officers put plastic cuffs on her wrists “so tight that it caused significant pain, swelling and bruising, and an injury that lasted for several weeks,” according to the complaint.
Biren-Wright’s 15-year-old daughter was shopping in the mall during the protest, but had reunited with her mother shortly before the arrests. Her daughter, says Biren-Wright, “came closer upon the arrest and I told the officer she was my daughter and a minor and would be alone.” The officer, says Biren-Wright, snapped, “You should have thought of that before.” At the processing center that police had previously set up at the mall, Biren-Wright told several officers that her daughter was alone in the mall and was from out of state. “None of them did anything to ensure her safety,” she says. The daughter, unsupervised, eventually found Rob Kall, OpEdNews editor, who drove her to the jail to take her mother’s keys and then drove her home, where she spent the night alone.
Outside the mall, counter-protestors shouted obscenities as those arrested boarded the police bus. “They were standing at the door to the bus,” says Biren-Wright, “and posed a safety issue to us since we were in handcuffs.”
The six who were arrested and Biren-Wright were initially taken to the 15th District jail. Richie Marini, the lone male arrested, was kept at the district jail. The six women were transferred to the jail at the Philadelphia Police headquarters, known by locals as the “Roundhouse,” where a nurse took each woman’s vital signs and asked if there were any injuries. “I showed him my wrist and thumb that were already red and swollen” from the restrictive handcuffs, says Biren-Wright. His response, she says, was “That doesn’t count.”
Biren-Wright, along with the other five women, was held for 14 hours. At 5 a.m., she says, they were released from the “Roundhouse” onto a dark and barren street—there were no taxis anywhere near—and locked out of the police station. Although the women had cell phones, they had not been allowed to call for rides while in the jail area. Outside, they called friends, but waited until help arrived. Marini was released from the district jail later that morning.
The only reason Biren-Wright’s pictures of the demonstration survived is because she had secretly removed the memory chip during her arrest. When the camera was finally returned, “all of the settings were messed up and the lens was not replaced properly.”
The Army closed the AEC at the end of the pilot program. It had claimed that because of increased enlistments nationwide, the Center was no longer needed. It never acknowledged that the protestors and the public reaction may have been a reason for the closing.
In an unrelated case, the U.S. Court of Appeals for the Third Circuit ruled in October 2010 [Kelly v. Borough of Carlisle] that recording police activity in public places is protected by Constitutional guarantees. This month, the ACLU settled a case, for $48,500, in Pittsburgh when a University of Pittsburgh police officer arrested Elijah Matheny and charged him with felony violation of the state’s Wiretap Act for using a cell phone to record police activity. Matheny spent a night in jail following his arrest. [See: Matheny v. County of Allegheny, et al.] The ACLU charged that the district attorney’s office “had engaged in a pattern of erroneously advising law enforcement that audio taping police officers in public violates Pennsylvania’s Wiretap Act.” Following the Third Circuit’s decision in the Kelly case, a conviction against Matheny is expected to be overturned.
The arrests in Philadelphia, Carlisle, and Pittsburgh underscore two major problems, both prevalent throughout the country. The first problem is a lack of understanding and respect for the Constitution by a large number, although not a majority, of police officers. For that reason, all police forces and district attorneys offices, from small isolated rural communities to the largest urban departments, need to have constant education about civil rights and Constitutional guarantees—and the penalties for violating those rights.
The second major problem is inherent within the mass media. Reporters need to know how and when to challenge authority to protect their own and the public’s rights. A camera crew from the PBS “Frontline” series was at the protest, but abruptly stopped recording the demonstration after Brower was arrested and either before or during Biren-Wright’s arrest. Rob Kall later said that a member of the “Frontline” crew told him the police informed them they would be arrested if they continued to film the demonstration.
Police threats, which violate Constitutional guarantees, place a “chilling effect” upon the media to observe and record actions by public officials. Even without a direct order by a public official, reporters may do what they perceive to be what others want them to do. The media, like police and public officials, also need constant education to know when police orders are lawful and when they are not. An order to move away from a scene may be lawful. An order to stop filming a scene upon threat of arrest is not.
In federal court, in the case of Biren v. City of Philadelphia, et al., these issues, and others, will be raised. But had there been an understanding of the Constitution by the police, the case would never have gotten to the point of a federal civil suit.
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Walter Brasch, during a 40-year work career in mass communications, has been a member of several unions, in both the private and public sectors. He is a syndicated newspaper columnist and the author of 16 books, including With Just Cause: Unionization of the American Journalist. His latest book is Before the First Snow: Stories from the Revolution. He can be contacted at: walterbrasch@gmail.com.
UK: Litigation threat made Met apologize
Press TV – September 24, 2011
The British Police have apologized and agreed to pay compensation to the man who was arrested on his way to an anti-royal demonstration after he threatened the police with legal action.
Adam Moniz was heading to the Red Lion square in central London to take part in a peaceful and authorized demonstration organized by the anti-monarchy group Republic when he was arrested by London police on the day of the wedding of Prince William and Kate Middleton.
After being arrested, the police took Moniz to a police cell holding him for “anticipated breach of peace” despite having a clear criminal record and no intention of committing any offence. After six hours when the royal wedding had finished, the police released him without any charge.
His arrest was one of several pre-crime arrests that the British police committed on the day of Kate Middleton and Prince William’s wedding. Human rights campaigners referred to the indiscriminate arrests as illegal.
In a bid to justify the Metropolitan Police’s behaviour, acting detective superintendent Mark Eley, in a letter to Moniz, said: “the policing of large scale public order events and demonstrations is frequently a challenging task for police officers. It requires a careful balance of the rights and freedoms of often conflicting interests.”
Furthermore, after Moniz threatened the British police with legal action, they agreed to pay him 5,000 pounds in compensation.
Irvine 11: Sentenced to community service, no jailtime; attorneys prepare appeal
Nora Barrows-Friedman – The Electronic Intifada – 09/24/2011
At approximately 2:35pm this afternoon in the Orange County Superior Courthouse in Santa Ana, California, the presiding judge in the Irvine 11 trial, Peter Wilson, announced his sentence following a jury’s decision to convict the students on both misdemeanor counts with which they were charged (“conspiracy to disrupt a public meeting” and “disruption of a public meeting”).
The Irvine 11 held a nonviolent civil disobedience protest during a speech by an Israeli official in February 2010 and have been fighting the charges in court since late August.
Wilson stated to the defendants and their attorneys — with nearly one hundred people present in the courtroom — that although the jury decided on guilty verdicts, he would not be sending the students to jail for the protest in which they were involved. He said that the defendants have no prior records, are productive members of their community, and acted on their beliefs, so jail time would be “inappropriate.”
He ordered the students to serve 56 hours of community service at a non-profit organization and said they were under a 3-year probation. But if they complete their service before the end of January 2012, the probation would only be for one year, and would end on 24 September 2012.
There was a palpable mood of relief in the room from friends, family members, and supporters, who just two hours before had heard that the jury returned two guilty verdicts for every defendant. When the verdicts were read by the court clerk, several people immediately burst into tears, and others stood up and walked out. One person said “there is no justice.”
Following the sentencing, the students and their attorneys held a press conference outside the courthouse, with a plethora of news media present. The attorneys and the Irvine 11 (and their families) have been under a gag order to the media for the past several months, and this was the first opportunity to hear from the students and the attorneys and ask questions.
Student Khalid Akari said:
On February 8, 2010, I stood up against the face of oppression. I stood up for the children of Palestine; children who have no voice. That day, I stood up for a purpose. I stood up for conscience. I had a message that day, a peaceful message.
Mohammad Qureashi:
As people around the world are fighting to seek a voice, I too will fight on, to seek my voice and to be heard. Because this is not a right that can be taken [away] by a district attorney; this right has been given to us by God.
Taher Herzallah:
My message is to all those activists who have been watching this story closely. All of those who speak truth to power. And all of those who challenge the status quo. Do not let this case deter you. Do not let this case falter your activism. Make this the platform to intensify activism on the Palestine issue in this country.
Shaheen Nassar:
Despite the prejudicial nature of the charges filed against us, and the actions of the University administration, I want to say that I respect the court’s decision, however I would like to emphasize how proud I am of my actions on February 8 [2010]. I intend to continue my activism, to give voice to the voiceless. Including my cousins, who died during the Gaza massacre. And the 1,400 other civilians who lost their lives during that massacre as well. May God rest their souls.
Mohamed Abdelgany, Asaad Traina and Aslan Akhtar also spoke passionately and eloquently to the crowd. The full video of the press conference will be uploaded this weekend.
Even though the sentence was relatively light, the attorneys said that they would immediately be filing an appeal to overturn the decision, and would take it all the way to the Supreme Court in order to protect legitimate protest and free speech. Attorney Lisa Holder, expressing pride in her clients, said that the students “stood up for their conscience, they stood up for their beliefs, and they stand out in a world that has become very apathetic.”
Holder added that she was excited to work with them in the future to help “overturn certain laws which are not fair and which do not allow us to voice our beliefs and to intently voice our conscience.”
Holder:
We will be appealing this decision. And we expect that there will be some changes in the laws to make room for this type of dissent, which is valid, which is important, which is critical to our democracy.
Attorney Dan Mayfield added:
Remember what the judge said in the court: that part of his reason for giving the sentence that he gave — which was a very lenient and fair sentence — was because the judge found that the young men in this case were motivated by their sincere beliefs.
[Additionally,] there is already a movement which has developed in just the 30-45 minutes since we left court: a movement of people who are pledging to do volunteer work alongside these young men. So when they do their 56 hours of volunteer work, they will bring other people with them to do volunteer work in our community. I’m very, very proud to be part of this group.
The District Attorney’s lead prosecutor, Dan Wagner, stated outside the courtroom after sentencing was read that he had wanted the students to serve jail time so it would deter future protesters.
Khalid Akari told The Electronic Intifada outside the courtroom that the guilty verdict, though he was naturally unhappy with it, has not deterred his activism. “Not at all,” he said. “I stood up for a reason that day. It would be pointless if I stopped doing it, so I will continue doing it.”
Taher Herzallah said that he was concerned that if they took a plea bargain at the beginning, and did not fight this in court, that it may not have inspired such outcry from students and the community at large. “We shouldn’t be scared,” he told The Electronic Intifada. “We should be encouraged to do these things. I hope this whole process encourages people do stand up, not discourage them.”
When asked what message he had to the Palestinian people under Israeli occupation and siege, Herzallah said that he wanted to address the mothers who have lost their sons, to those under attack.
We are with you. We did not forget about you. Here in America we’re struggling and we’re willing to make the sacrifice to give you any ease or comfort as much as possible. The battleground in America with the Zionists is not over. This was just the beginning, and we are ready to continue.
The Electronic Intifada will provide updates in the appeals process. For more information, visit the Stand With the Eleven solidarity website at www.irvine11.com.
Knesset moves forward on bill granting Israel unchecked, draconian powers
By Jillian Kestler-D’Amours | The Electronic Intifada | 22 September 2011
Jerusalem – In early August, the Israeli parliament, the Knesset, quietly passed the first reading of a bill that would turn the country’s “state of emergency” regulations — which have been in use since the state was created in 1948 — into permanent legislation.
The move would cement the use of draconian measures, such as administrative detention orders and politically-motivated deportations, in an Israeli effort to combat an extremely broadly and vaguely defined “terrorist threat.”
According to a statement released by the Association for Civil Rights in Israel (ACRI) following the bill’s first reading, “the Counterterrorism Bill contains sweeping provisions, which broaden the scope of criminality and threaten to turn law-abiding citizens and organizations (with no connection whatsoever to violent acts) into ‘terrorists’” (“The counter-terrorism bill 2011, Position Paper – Executive Summary,” August 2011 [PDF]).
Under the proposed law, individuals who “express solidarity or identification with a terrorist group” either by publicly waving its flag, playing its anthem, or publishing praise or sympathy towards the group, can face up to three years in prison.
The law would also place the burden of proof on the suspect to prove that he or she is not a member of a terrorist organization, while membership in a terrorist organization would extend to anyone who “declares his consent to join a terrorist organization to another.”
“Because the accusation here applies specifically to what a person said to another person, ostensibly in private, there exists a real danger here of incrimination on the basis of a false accusation, against which it would be difficult or even impossible to mount a defense,” ACRI states. “How could a defendant bear the burden of proof in such a situation? Can anyone prove that they never said something to someone in private?”
Origins in the British Mandate period
Shortly after the establishment of the Israel state in 1948, the country adopted the “Defense (Emergency) Regulations,” which had been decreed in 1945 by the British authorities — known as the Mandate — then ruling Palestine. During the British Mandate, these regulations allowed for the establishment of military tribunals, sweeping searches and seizures of property, the demolition of houses and administrative detention for indefinite periods of time, among other measures.
In 1951, the Knesset decided that the Defense Regulations went against the basic principles of democracy and suggested that they be repealed. According to the Israeli human rights group B’Tselem, however, “the Regulations were not abolished [in 1951], apparently because they served as the legal basis for the military rule then imposed on Israel’s Arab citizens” (“Defense (emergency) regulations”).
In his book The Ethnic Cleansing of Palestine, historian Ilan Pappe finds that the Emergency Regulations, used to sustain military rule over Palestinian citizens of Israel, were “comparable to the 1935 ‘Nuremberg Laws,’” the set of anti-Jewish laws passed in Nazi Germany that deprived Jewish citizens of their basic rights.
“These regulations … virtually abolished basic rights of expression, movement, organization and equality before the law. They left [Palestinian citizens of Israel] the right to vote for and be elected to the Israeli parliament, but this too came with severe restrictions. This regime officially lasted until 1966, but, for all intents and purposes, the regulations are still in place,” Pappe explains.
Indeed, the outbreak of the 1967 War and the subsequent and ongoing Israeli occupation of the West Bank and Gaza Strip also sidelined the cancellation of the Emergency Regulations, which remain in effect to this day; the Israeli Knesset has renewed them annually since the early 1990s.
“Over the years, Israel used these regulations extensively in the Occupied Territories to punish and deter. The Regulations served as the authority for Israel to demolish and seal hundreds of houses, deport residents, administratively detain thousands of persons, and impose closures and curfews on towns and villages,” B’Tselem states in its report.
Targeting Palestinian institutions
The Nidal Center in Jerusalem’s Old City is one of over two dozen Palestinian institutions in the city that have been closed in recent years through the use of Israel’s Emergency Regulations.
Established in February 2000, the Nidal Center for Community Development is affiliated with Palestinian Health Work Committees, an umbrella organization mandated with providing Palestinians living in East Jerusalem, the West Bank and Gaza with a “comprehensive, culturally competent, community-based health care system that is committed to serving the needs of the individual and promoting community health.”
The Israeli authorities issued the Nidal Center its first closure notice in July 2009. According to Hazem Abu Seir, the director of the Nidal Center, the Israeli authorities argued that the Palestinian community center was promoting terror-related activities. They have furthermore informed Nidal Center employees that another closure notice will soon be issued, barring the Center from opening its doors until September 2012.
“[The Israeli authorities] said in the beginning that this center is related to terror activities and [to a] terror party,” Abu Seir told The Electronic Intifada. “But the reason [they closed the center] is that we work with youth. [Our activities are] related to our Palestinian culture and this is indirect resistance. When you develop your own identity, it’s something that makes them very worried.”
Abu Seir said that the Nidal Center has no links whatsoever to so-called “terrorist organizations,” and instead, its activities focus on developing cultural awareness and promoting education of Palestinian youth and children, and holding seminars, lectures and classes to empower Palestinian women. “For example, we established and started dabke [Palestinian dance] teams. It was a really good thing and the youth liked to participate in the group. After the closure, all of them and their families called us and asked, ‘Why? Why did you close?’ It was very good opportunity for youth and children to participate in the center in the Old City,” he said.
“I am always hopeful [that the center will re-open] but after they told us that they’re going to renew the closure, the decision disappoints us very much,” Abu Seir added.
Use of Regulations widespread
Israel’s use of administrative detention orders — which authorize the detention of a person without charge or trial, and which can be renewed indefinitely for six-month periods of time — is based on the Emergency Regulations of 1945. As of July 2011, B’Tselem estimated that Israel held 243 Palestinians in administrative detention in facilities run by the Israel Prison Service (IPS) (“Statistics on administrative detention,” July 2011).
According to Addameer, the Ramallah-based prisoner rights group, “administrative detention has been used as a form of collective punishment by the Israeli military against Palestinians, illegal in this form under international law” and “Israeli authorities do not hesitate to violate the standards of fair trial, and fail to take international law or humanitarian dimension into consideration while handling the issue of administrative detention” (“Administrative detention”).
Israel has also used the Emergency Regulations to expel Palestinian political leaders from Jerusalem. Adnan Gheith, a member of the al-Bustan popular committee in the East Jerusalem village of Silwan and the secretary of the Fatah movement in the neighborhood, for instance, was expelled from the city in early 2011 for a period of four months.
Gheith’s expulsion was based on the pretext that he was responsible for clashes between Palestinian youth and Israeli security forces in Silwan and thus constituted a security threat to the state. It was the first time that Israel had issued an assigned residence order against a resident of East Jerusalem. “The order against Adnan is not part of a legal process where suspicions, charges or evidence have any part. It is an administrative order that circumvents the rule of law, which forms the foundation of western democracy,” wrote the Popular Struggle Coordination Committee (PSCC) at the time Gheith’s deportation order was issued (“Help Silwan resident Adnan Gheith stay in Jerusalem,” 23 December 2010).
“In this harsh reality, a person’s rights are taken without due process, with no charges, based on secret evidence and with no possibility to truly defend oneself. It is the essence of a Kafkaesque, legal procedure in the taunting maze of the Occupation’s bureaucracy and power,” PSCC added.
“Unchecked, draconian powers”
Ultimately, ACRI concludes that if passed, the Counterterrorism Bill would not only cement the dangerous measures already practiced by the Israeli authorities, but would legalize their use at all times, not only during a “state of emergency.”
“The bill grants the executive branch unchecked, draconian powers to use harsh measures against individuals and organizations — all this without trial, on the basis of mere suspicion, and without establishing the minimal guarantees for the defense of the rights of the accused,” ACRI explains in its press release.
“The Counterterrorism Bill in its current formula … seeks to perpetuate the improper procedures currently in place, while abandoning human rights concerns. This is all the more grave given that the proposed bill would become a permanent, ‘normative’ law, and not limited to use in a state of emergency.”
Jillian Kestler-D’Amours is a reporter and documentary filmmaker based in Jerusalem. More of her work can be found at http://jkdamours.com.

