Law

Lawyer Condemns Arrests Of Burnaby Mountain Protesters

November 24, 2014 Charlie Smith, www.straight.com Resist! Canada, Energy, Environment, Law

A Vancouver civil rights lawyer says it's "dangerously wrong" that protesters on Burnaby Mountain are being arrested while the courts are still evaluating the legality of a U.S.-owned energy company's actions. "There is the uncontroversial right of the citizens to protest, which is one of the key planks of a democracy," Gail Davidson told theGeorgia Straight by phone. "And the right of Kinder Morgan hasn't been determined." Davidson said that she thinks that the Kinder Morgan subsidiary, Trans Mountain Pipeline, is, in effect, "defying the court process" by conducting geotechnical survey work on Burnaby Mountain while the issue is before the B.C. Court of Appeal.

How Much Do Corporations Get For Political Spending?

November 24, 2014 Bill Allison and Sarah Harkins, www.sunlightfoundation.com Educate! Campaign Finance, Corporatism, Law, Lobbying

Between 2007 and 2012, 200 of America’s most politically active corporations spent a combined $5.8 billion on federal lobbying and campaign contributions. A year-long analysis by the Sunlight Foundation suggests, however, that what they gave pales compared to what those same corporations got: $4.4 trillion in federal business and support. That figure, more than the $4.3 trillion the federal government paid the nation’s 50 million Social Security recipients over the same period, is the result of an unprecedented effort to quantify the less-examined side of the campaign finance equation: Do political donors get something in return for what they give?

Washington State To Sue Federal Gov’t Over Nuclear Site Vapors

November 24, 2014 Victoria Cavaliere, www.reuters.com Organize! Law, Nuclear Energy, Washington

Washington state's attorney general said on Wednesday he intends to sue the U.S. government for not adequately protecting workers involved in the decades-long cleanup of a decommissioned nuclear site, saying dozens have been sickened by toxic vapors. The Hanford Nuclear Reservation, a World War Two-era nuclear weapons site in southeastern Washington, has 56 million gallons (211.98 million liters) of nuclear waste in 177 underground tanks, several with known leaks, according to federal officials. The U.S. Department of Energy, which owns Hanford, is responsible for cleanup at the site, including the hiring of contractors and workers to extract the waste from tanks for safe disposal.

Lawyers Descend On Ferguson Ahead Of Grand Jury Decision

November 22, 2014 Tim Reid, www.dailymail.co.uk Resist! Civil Rights, Ferguson, Law

Hundreds of civil rights lawyers from across America are descending on Ferguson, Missouri as police and protesters prepare for a grand jury decision on whether to charge the officer who killed an unarmed black teenager in August. The attorneys are arriving in Ferguson as talks between protest groups and police have stalled over a refusal by officials to rule out the use of riot gear, tear gas and militarized equipment if demonstrations turn violent should a grand jury decide not to indict police officer Darren Wilson, protest leaders say.

Police Officials Respond To ‘Rules Of Engagement’ For Ferguson Protest

November 22, 2014 Robert Patrick, www.stltoday.com Strategize! Ferguson, Law, police brutality

State and local officials on Friday announced that while they have not negotiated with a coalition of protest groups, they did agree on some of the 19 proposed "rules of engagement" in advance of the announcement of a grand jury decision in the Ferguson shooting of Michael Brown. A coalition of roughly 50 groups asked officials earlier this month to agree to 19 rules of engagement for the police response to protests. The first was that “The first priority shall be the preservation of human life.” The groups asked police to agree to a “de-militarized response” that would ban the use of armored vehicles, rubber bullets, rifles and tear gas.

Harvard Students Sue University Over Refusal To Divest

November 22, 2014 Divest Project, www.divestproject.org Organize! Divest, Education, Energy, Finance and the Economy, Law

On November 19, 2014, we sued the Harvard Corporation to compel it to withdraw its investments from fossil fuel companies. As seven Harvard students organized under the name “Harvard Climate Justice Coalition,” we allege that the Corporation’s funding of global warming harms its students and future generations, and that Harvard’s leaders have a duty to divest the university’s endowment from the reckless activities of the oil, gas, and coal industries. We’re bringing this case by ourselves, without lawyers, because we believe that we have a responsibility to confront global warming. Climate change has arrived, wrecking the planet and posing serious dangers to the most vulnerable among us.

Swedish Court Upholds Assange Warrant, Criticizes Prosecutor

November 21, 2014 BBC, www.bbc.com Educate! Julian Assange, Law

A Swedish appeal court has upheld an arrest warrant against Wikileaks founder Julian Assange, wanted for questioning over sexual assault claims. The Court of Appeal refused Mr Assange's attempt to have a detention order issued in 2010 revoked. Mr Assange, who denies the allegations, has sought refuge in the Ecuadorean embassy in London to avoid extradition. If he goes to Sweden, he fears he could be extradited to the US to face charges of leaking government documents. Wikileaks has published thousands of secret documents, which have caused intense embarrassment for the US and lifted the lid on diplomatic relations.

Whistleblowers Are Punishing Banks, We Need More

November 21, 2014 Jana Kasperkevic, www.theguardian.com Educate! Capitalism, Finance and the Economy, Law

A new study tracking the economic effects of whistleblowers has found that people who come forward to report wrongdoing helped the US government secure $21.27bn more in fines over 35 years. The study, conducted by researchers from Arizona State University, American University, Texas A&M University and University of Iowa, set out to discover if the costs of promoting and maintaining programs set up for financial whistleblowers were worth it. It found that in cases where whistleblowers were involved: Firm penalties were $90.16m to $90.88m greater. Penalties imposed on executives and employees averaged $50.22m to $56.50m more than if no whistleblower was involved. The prison sentences for those involved were on average 21.86 to 27 months longer.

How The USA Freedom Act Failed On All Fronts

November 20, 2014 Evan Greer, www.theguardian.com Educate! Congress, Law, NSA, Privacy, Surveillance

Last night, I’m sure many hardworking privacy activists in the US poured a stiff drink after the Senate voted not to advance the USA Freedom Act, a bill intended to to reform some aspects of the US surveillance state. Personally, I was relieved. As the campaign director of an organisation that’s been fighting government data collection since before anyone had heard the name Edward Snowden, I have a little bit of insight into why the USA Freedom Act was narrowly defeated last night. Spoiler: It wasn’t ISIS. It wasn’t Republican hawkishness. It wasn’t even the Democrat’s cowardice. The USA Freedom Act failed because it was a weak reform bill that didn’t accomplish enough good to excite a grassroots base that would fight for it and ensure victory. You don’t have to be a political junkie or a policy wonk to know that getting a good law passed in this US Congress is nigh on impossible.

Keystone XL Fight Won In Lame Duck Senate. GOP Congress Approval?

November 20, 2014 Anne Meador, www.cetology.org Educate! Congress, Keystone XL, Law, Oil & Gas

On November 18, the Senate effort to approve construction of the Keystone XL pipeline fell one vote short of the necessary supermajority. As the last votes were counted and Senator Mary Landrieu’s hopes of proving her undying fealty to Big Oil were dashed, a lone voice from the gallery burst out in song. The Lakota singer proclaimed a warrior’s victory. At the same time, his wail lamented the craven, soulless spectacle of a body enthusiastic to build a “continent-spanning death-funnel.” Outside the Chamber, in contrast to the noble song, cue the Imperial March played on a kazoo. Senator Mitch McConnell greeted the press, eager to say that Keystone XL will be “early on the agenda” of the next Congress.

Blankenship Gag Order Silences Community

November 20, 2014 Corporate Crime Reporter, www.corporatecrimereporter.com Educate! Capitalism, Corporatism, Law, Regulation

The criminal indictment of former Massey Energy CEO Don Blankenship for his role in the April 2010 Upper Big Branch explosion has been the top story in West Virginia since it was filed on November 13. But it is Judge Irene Berger’s gag order that is drawing fire from the West Virginia press. West Virginia Press Association executive director Don Smith told MetroNews Talkline that he and other news organizations are looking closely at possible legal avenues to challenge it. The gag order prohibits the parties and their lawyers from talking with reporters. But it also prohibits “actual and alleged victims, investigators, family members of actual and alleged victims” from making “any statements of any nature, in any form, or release any documents to the media or any other entity regarding the facts or substance of this case.”

Ferguson Call To Action: Nonviolent, Sustained & Strategic Actions

November 18, 2014 Ferguson Action, www.fergusonaction.com Resist! Ferguson, Law, police brutality, Racial Justice

An announcement from the jury about Darren Wilson will come any day now — and we are planning protests and actions for that day and the following days. We are asking you to get involved. On the day of the announcement, we’re encouraging all community members to do four things: Grab your “protest bag.” Connect with your buddy and/or group and pick a meet-up spot. We are encouraging people to go out to protest in formed groups or with a buddy. Head to two spots the night of: Shaw (at Shaw and Klemm) and the lot across from the Ferguson Police Department (on S. Florissant). Breathe

Awaiting Ferguson Grand Jury, Activists Drill Protest Tactics

November 15, 2014 Scott Malone, www.reuters.com Strategize! Ferguson, Law, police brutality

In a former union hall in downtown St. Louis, about 100 activists formed a rough circle and, at the instruction of organizer Michael McPhearson, crossed the room wading through a crowd of people going the opposite way. "How hard was that? How much harder will it be after the grand jury comes back?" McPhearson, executive director of activist group Veterans for Peace, asked the group, which ranged from young black college students to bearded white retirees. Police around the St. Louis suburb of Ferguson, Missouri, are preparing for large protests when a grand jury decides whether to indict the white police officer who fatally shot an unarmed black teen in August, and so are activists. Several groups from across the United States, and even from abroad, are preparing to take to the streets in actions of nonviolent civil disobedience, particularly if the grand jury finds no criminal trial is warranted.

Rasmea Responds To Travesty Of Justice: ‘I Am Strong!’

November 15, 2014 Answer Coalition, www.answercoalition.org Organize! Bill De Blasio, Israel, Law, Palestine, Wars and Militarism

On Nov. 10, after just two hours of deliberation at the Detroit federal courthouse, a jury decided that Rasmea Odeh, a Palestinian American community leader, is guilty on one count of unlawful procurement of naturalization. Rasmea faces up to 10 years in prison and could be deported. The defense is going ahead to file an appeal of the verdict after sentencing. Both the prosecution and the defense teams were informed by Judge Drain that the jury had wanted to meet with them after the announcement of the verdict; however, the jurors only met with the government attorneys and never asked to speak with the defense. “That’s the kind of jury we had: they were kept ignorant of 75 percent of our defense and then they didn’t even want to hear from us at the end,” told Michael Deutsch, lead defense attorney to the crowd of supporters outside of the courthouse after the verdict.

Leave No Generation Behind

November 14, 2014 Chuck Collins, www.otherwords.org Educate! Education, Inequality, Law

For today’s college-age youth, talk of a debt-free education sounds like science fiction. Over 40 million Americans owe student debt. The average student borrower graduated last year with $33,000 worth. Over the last three decades, staggering inequalities of income, wealth, and opportunity have emerged. As Federal Reserve Chairwoman Janet Yellen observed recently, the U.S. households in the bottom 50 percent lost half their net worth between 1989 and 2013, while the top 5 percent saw their net worth double. This inequality is hitting the rising generation hard, as today’s students graduate into a much tougher job market than their parents did. We need a GI Bill for the next generation. It would be a game changer for equality of opportunity.

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