SB Botanical Gardens- Supervisors' deliberation hearing JUNE 1st
The SB Botanical Gardens is where a Chumash Village site known as Xana’yan is located. The Santa Barbara Planning Commission approved over 25,000 square feet of new buildings at the Botanical Gardens. This would mean development directly on the village site. This site is very well known to have human remains.
Please support this issue, your attendance is necessary and needed at the hearing tomorrow!
Forwarded by Roberta Cordero:
Dear folks trying to preserve and protect the Santa Barbara Botanic Garden Landmark and safety of all,
Please come to the Supervisors' deliberation hearing on the SBBG.
When: June 1, 2010
Time: Probably afternoon, right after lunch. Watch Channel 20.
SBBG are agenda items #3 FOMC; #4 MCA; #5 Chumash; #6 SBBG against the County Historic Landmarks Advisory Commission
Please come to speak on Agenda Item #6 (if allowed and I think it has to be as these are new conditions) to:
1. Require review and approval of Terrace area restoration plan by CHLAC.
2. Require review and approval of paving and hardscape plan on the Landmark by CHLAC
3.If the historic Garden ( all parcels except the omission of one parcel acquired prior to 1950) is to have Cultural Landscape Master Plan, require that all parcels, especially the triangle at Mission Canyon and Tunnel Rds. APN 023-060-018 (1941), be included and that CHLAC have review and approval of the Cultural Landscape Master Plan for both the Landmark the all of the rest of the "historic garden".
Not addressed at all but should be.
A. Require that the entire SBBG, except small parts of employee housing parcels directly around the employee homes and not visible to the public, be required to be planted exclusively in native CA plants. It is especially important that all new landscaping around the buildings east of Mission Canyon Rd. (Gane House, etc.) be exclusively native CA plants. The current administration may try to change the SBBG away from being devoted exclusively to native CA plants and the CA floristic province, to include world wide plants that can grow here. Even a small % of non-native plants distorts the Garden's purpose in Mission Canyon since the 1930s and confuses the public. Historically, non native CA plants were to be reomoved.
B. Require review and approval by CHLAC for all changes to the Landmark that come to the Planning and Development Department prior to P & D approval. Why? P & D does not understand the aesthetic and practical nuances of "substantial deviation of the historic design concept and historic use" that a historical cultural landscape that is a landmark requires.
Requiring CHLAC review and approval should be generalized for changes on ALL LANDMARKS. Changes are not necessarily "improvements". Nor are they necessarily "requirements".
For instance, the cement pavers would not have been approved by CHLAC. P & D saw no problem. They deviate substantially from dirt trails and natural local materials. The are not required for ADA compliance.
The deck by the Cottage was replaced after the Jesusita fire without CHLAC consultation, review or approval.
Result: P & D allowed gaudy, shiny stainless steal railings that look like alluminum. They are aesthetically out of place on the Landmark.
CHLAC most likely would have advised (according to John Woodward, Chair of CHLAC) that the railings be anodized to a brown color with to blend in rather than stand out. A matte rather than shiny finish could have been created then too.
Changes to the Landmark have to be very thoughtfully and precisely done with historical context and wishes of historical donors and the historical landscape master plan's intent in mind. Changes on a Landmark do not fit with general regulations of P & D for the general home owner.
Please come to the Supervisors' hearing on June 1 to support the community appeals and our Historic Landmarks Commission.
Thank you again for all the time, expertise, and passion you have given to trying to save our community's SB Botanic Garden for now and in the future.
Best,
Paulina
805 682-5183
part 1
http://www.facebook.com/l/51a4d;www.youtube.com/watch?v=Mc_7TZ_wax8
part 2
http://www.facebook.com/l/51a4d;www.youtube.com/watch?v=95JHD4U4XC8
part 3
http://www.facebook.com/l/51a4d;www.youtube.com/watch?v=5W31iLBVK-s
--
Hey Palin, how's that drilly baby drilly, spilly thing going, baby?
Thursday, June 3, 2010
AIM Demonstration Against MTV’s Dudesons
Time to step up! We need Warriors; young, old, women & men!
We are organizing, we are INSTIGATING, we are DEMANDING respect for Native people- we will no longer tolerate disrespect from the ENTERTAINMENT INDUSTRY & MTV with shows like the "Dudesons"--
Join us in a demonstration at the
MTV awards this coming sunday, June 6th at the Gibson Ampitheater in Los Angeles!
live near or around LA County? Ventura? Riverside? San Diego? Orange County? Fresno?
Call (805) 708-6305
or
email us at aimsb@ymail.com
Everyone wear a RED Shirt
We are encouraging everyone to be 16 years old and older to participate
“Had this been The Dudesons creating Black Face, that of Them wanting to be Slaves whipped by white men or Jews, having to survive by all means necessary during the Holocaust, or any other Race or Nation of People, this show would have been Canceled and there would have been court cases. I do remember when Don Imus called Rutgers University women's basketball team, which is composed of eight African-American and two white players, as "nappy-headed hos," he was shut down and taken off the air. But we are Native Americans, we don't matter? No, WE DO MATTER... We are not the silent People who are going to sit back and allow this to happen, we believe in family and We are taking a stand on this matter...”
“Basically, we will organize rally after rally, protest after protest, both live, loud and silent. We will be heard and I hope that MTV will act accordingly to correct this injustice. All we are asking is for a public apology to Native Americans who are still alive and well and who dance, sing and pray our living history.
Martin Leyva- Pueblo
For IMMEDIATE RELEASE -May 28, 2010
American Indian Movement Santa Barbara
Planning Demonstration Against MTV’s Dudesons
In May 2010, on the MTV reality show, The Dudesons In America, aired a new episode called “Cowboys and Findians.” http://www.facebook.com/l/bbc6e;www.mtv.com/shows/the_dudesons/episode.jhtml?episodeID=168154#moreinfo.”
The intent of this show might not have been to offend anyone, but this episode goes beyond offensive and the choice in script has added salt on deep wounds of racism in the Native American community.
This episode of the The Dudesons In America, called “Cowboys and Findians,”not only encourages people to have misconceptions about First Nation people, but also perpetuates very offensive stereotypes regarding Native American spirituality, ceremonies, culture and customs.
Michael Fairbanks, Director of the American Indian Movement Santa Barbara, states “it appears that Native Americans are an “open market” – for these kind attacks; apparently because we are a smaller population and there is a history this kind of misrepresentation from the media and entertainment industry,” He also states, “We will no longer accept or tolerate the perpetuation of stereotypes, or the desecration of our regalia (the offensive fake headdresses), and sacred medicines (such as the fake eagle feathers on that episode). Fairbanks even invited MTV executive AJ Sarcione Senior Publicist, to meet in person to discuss this issue further.
As of yet, AIM Santa Barbara has not heard back from Mr. Sarcione.
AIM SB and community activists have written to MTV and announced that if they not take the show out of rotation and issue an apology to the Native American people by June 1, 2010, a complete boycott of your network and all your sponsors will begin.
“Had this show been directed towards any other ethnic group, it would not have aired, and there would have been a huge backlash. And some people would have lost their jobs over it. Yet it appears we are an “open market” – for these kind attacks, apparently because we are a smaller population and there is a history this kind of misrepresentation with the media and entertainment industry. We do not anticipate an apology from MTV, so we are organizing to make sure they hear our voice.”
For more links on this please see:
http://www.facebook.com/l/bbc6e;drawingonindians.blogspot.com/2010/05/dudesons-hit-all-time-low.html
http://www.facebook.com/l/bbc6e;newspaperrock.bluecorncomics.com/2010/05/cowboys-findians-in-dudesons.html
http://www.facebook.com/l/bbc6e;newspaperrock.bluecorncomics.com/2010/05/mtv-vs-aim-on-dudesons.html
http://www.facebook.com/l/bbc6e;jennifer1119.wordpress.com/2010/05/21/the-dudesons-in-america-racism-and-stereotyping-at-its-finest-and-lowest/
http://www.facebook.com/l/bbc6e;jennifer1119.wordpress.com/2010/05/23/has-anything-really-changed/
for more information on AIM SB:
http://www.facebook.com/l/bbc6e;www.aimsb.org
http://www.facebook.com/l/bbc6e;www.youtube.com/user/aimsb1214
http://www.facebook.com/l/bbc6e;www.myspace.com/aimsantabarbara
We are organizing, we are INSTIGATING, we are DEMANDING respect for Native people- we will no longer tolerate disrespect from the ENTERTAINMENT INDUSTRY & MTV with shows like the "Dudesons"--
Join us in a demonstration at the
MTV awards this coming sunday, June 6th at the Gibson Ampitheater in Los Angeles!
live near or around LA County? Ventura? Riverside? San Diego? Orange County? Fresno?
Call (805) 708-6305
or
email us at aimsb@ymail.com
Everyone wear a RED Shirt
We are encouraging everyone to be 16 years old and older to participate
“Had this been The Dudesons creating Black Face, that of Them wanting to be Slaves whipped by white men or Jews, having to survive by all means necessary during the Holocaust, or any other Race or Nation of People, this show would have been Canceled and there would have been court cases. I do remember when Don Imus called Rutgers University women's basketball team, which is composed of eight African-American and two white players, as "nappy-headed hos," he was shut down and taken off the air. But we are Native Americans, we don't matter? No, WE DO MATTER... We are not the silent People who are going to sit back and allow this to happen, we believe in family and We are taking a stand on this matter...”
“Basically, we will organize rally after rally, protest after protest, both live, loud and silent. We will be heard and I hope that MTV will act accordingly to correct this injustice. All we are asking is for a public apology to Native Americans who are still alive and well and who dance, sing and pray our living history.
Martin Leyva- Pueblo
For IMMEDIATE RELEASE -May 28, 2010
American Indian Movement Santa Barbara
Planning Demonstration Against MTV’s Dudesons
In May 2010, on the MTV reality show, The Dudesons In America, aired a new episode called “Cowboys and Findians.” http://www.facebook.com/l/bbc6e;www.mtv.com/shows/the_dudesons/episode.jhtml?episodeID=168154#moreinfo.”
The intent of this show might not have been to offend anyone, but this episode goes beyond offensive and the choice in script has added salt on deep wounds of racism in the Native American community.
This episode of the The Dudesons In America, called “Cowboys and Findians,”not only encourages people to have misconceptions about First Nation people, but also perpetuates very offensive stereotypes regarding Native American spirituality, ceremonies, culture and customs.
Michael Fairbanks, Director of the American Indian Movement Santa Barbara, states “it appears that Native Americans are an “open market” – for these kind attacks; apparently because we are a smaller population and there is a history this kind of misrepresentation from the media and entertainment industry,” He also states, “We will no longer accept or tolerate the perpetuation of stereotypes, or the desecration of our regalia (the offensive fake headdresses), and sacred medicines (such as the fake eagle feathers on that episode). Fairbanks even invited MTV executive AJ Sarcione Senior Publicist, to meet in person to discuss this issue further.
As of yet, AIM Santa Barbara has not heard back from Mr. Sarcione.
AIM SB and community activists have written to MTV and announced that if they not take the show out of rotation and issue an apology to the Native American people by June 1, 2010, a complete boycott of your network and all your sponsors will begin.
“Had this show been directed towards any other ethnic group, it would not have aired, and there would have been a huge backlash. And some people would have lost their jobs over it. Yet it appears we are an “open market” – for these kind attacks, apparently because we are a smaller population and there is a history this kind of misrepresentation with the media and entertainment industry. We do not anticipate an apology from MTV, so we are organizing to make sure they hear our voice.”
For more links on this please see:
http://www.facebook.com/l/bbc6e;drawingonindians.blogspot.com/2010/05/dudesons-hit-all-time-low.html
http://www.facebook.com/l/bbc6e;newspaperrock.bluecorncomics.com/2010/05/cowboys-findians-in-dudesons.html
http://www.facebook.com/l/bbc6e;newspaperrock.bluecorncomics.com/2010/05/mtv-vs-aim-on-dudesons.html
http://www.facebook.com/l/bbc6e;jennifer1119.wordpress.com/2010/05/21/the-dudesons-in-america-racism-and-stereotyping-at-its-finest-and-lowest/
http://www.facebook.com/l/bbc6e;jennifer1119.wordpress.com/2010/05/23/has-anything-really-changed/
for more information on AIM SB:
http://www.facebook.com/l/bbc6e;www.aimsb.org
http://www.facebook.com/l/bbc6e;www.youtube.com/user/aimsb1214
http://www.facebook.com/l/bbc6e;www.myspace.com/aimsantabarbara
"Protest march (Capps Murder by The Police)"...
"Protest march (Capps Murder by The Police)"...
James invited you to "Protest march (Capps Murder by The Police)" on Tuesday,
June 1 at 1:00pm.
James says, "If you cant be there Please send an E-mail of suport.....too
aimbhc@yahoo.com (American Indian Movement Black Hills Chapter) attn: James
Swan".
Event: Protest march (Capps Murder by The Police)
What: Protest
Start Time: Tuesday, June 1 at 1:00pm
End Time: Tuesday, June 1 at 10:00pm
Where: Mother Butler Center (Rapid City S.D.)
--
Hey Palin, how's that drilly baby drilly, spilly thing going, baby?
James invited you to "Protest march (Capps Murder by The Police)" on Tuesday,
June 1 at 1:00pm.
James says, "If you cant be there Please send an E-mail of suport.....too
aimbhc@yahoo.com (American Indian Movement Black Hills Chapter) attn: James
Swan".
Event: Protest march (Capps Murder by The Police)
What: Protest
Start Time: Tuesday, June 1 at 1:00pm
End Time: Tuesday, June 1 at 10:00pm
Where: Mother Butler Center (Rapid City S.D.)
--
Hey Palin, how's that drilly baby drilly, spilly thing going, baby?
USA - MLPA Initiative Violates American Indian Religious Freedom Act, UN Declaration
USA - MLPA Initiative Violates American Indian Religious Freedom
Act, UN Declaration
From the article below: "The MLPA process has violated this historic law by
banning the Kashia Pomo Tribe from practicing their religion by gathering
seaweed and shellfish and conducting ceremonies at their sacred site,
Danaka, in northern Sonoma County."
In addition to the two legal instruments mentioned in the article below (the
American Indian Religious Freedom Act (AIRFA) and the UN Declaration on the
Rights of Indigenous Peoples) there is another international treaty to which
the United States is a party which specifically prohibits the human rights
violations cited below, the legally-binding International Covenant on Civil
and Political Rights (ICCPR).
ICCPR, Article 1 states that "In no case may a people be deprived of its own
means of subsistence" and Article 27 provides that "In those States in which
ethnic, religious or linguistic minorities exist, persons belonging to such
minorities shall not be denied the right, in community with the other
members of their group, to enjoy their own culture, to profess and practise
their own religion, or to use their own language."
Governor Schwarzenegger's Marine Life Protection Act (MLPA) Initiative is
clearly in violation of both provisions of international human rights law.
___________________________
MLPA Initiative Violates American Indian Religious Freedom Act, UN
Declaration
http://yubanet.com/california/MLPA-Initiative-Violates-American-Indian-Relig
ious-Freedom-Act-UN-Declaration.php
May 26, 2010
By: Dan Bacher
May 26, 2010 - Governor Arnold Schwarzenegger's Marine Life Protection Act
(MLPA) Initiative has brazenly violated the American Indian Religious
Freedom Act (AIRFA) and the UN Declaration on the Rights of Indigenous
Peoples, passed by the UN General Assembly in September 2007.
Passed by both houses of Congress, AIRFA became law on August 11, 1978,
spurred by the American Indian Movement's Longest Walk from San Francisco to
Washington, D.C. that year. The act recognized the "inherent right" of
American citizens to religious freedom; admitted that in the past the U.S.
government had not protected the religious freedom of American Indians;
proclaimed the "indispensable and irreplaceable" role of religion "as an
integral part of Indian life"; and called upon governmental agencies to
"protect and preserve" for American Indians their inherent right to practice
their traditional religions.
AIRFA states, "it shall be the policy of the United States to protect and
preserve for American Indians their inherent right of freedom to believe,
express, and exercise the traditional religions of the American Indian,
Eskimo, Aleut, and Native Hawaiians, including but not limited to access to
sites, use and possession of sacred objects, and the freedom to worship
through ceremonials and traditional rites."
The MLPA process has violated this historic law by banning the Kashia Pomo
Tribe from practicing their religion by gathering seaweed and shellfish and
conducting ceremonies at their sacred site, Danaka, in northern Sonoma
County. In the Kashia Pomo's creation story, Danaka (Stewarts Point) is the
place where the tribe first walked on land.
The sacred site is located in a so-called "marine protected area" that was
part of a package of reserves that the California Fish and Game Commission
voted 3 to 2 for on August 5, 2009, in spite of vocal opposition by the
tribe, fishermen and environmental justice advocates.
"They're interfering with our religion, the food that we lived off before
the white man came," said tribal elder Violet Chappell during a blessing
ceremony off Danaka on April 30, the day before the May 1 closure, hosted by
landowner Arch Richardson.
The gathering on a bluff overlooking the ocean drew 145 people, including
members of the Kashia Pomo and other California Indian Tribes, recreational
anglers, seaweed harvesters and environmental justice advocates to thank and
bless the ocean for the food it has provided to native peoples for thousands
of years.
"We used this food every day - we call it health food," Chappell stated.
"The food was created by our creator - we treated it with care and respect.
We are here to say respect us for our food - don't close this area down
because it's part of our religion."
"I don't think the Fish and Game Commission would be allowed to close down a
Catholic Church, would they?" she asked.
Article 32, Section 2, of the UN Declaration on the Rights of Indigenous
People mandates "free prior and informed consent" in consultation with the
indigenous population affected by a state action
(http://www.iwgia.org/sw248.asp).
It also says, "States shall provide effective mechanisms for provention of,
and redress for: Any action which has the aim or effect of dispossessing
them of their lands, territories or resources."
Ken Wiseman, MLPA Initiative executive director, and the California Fish and
Game Commission violated the UN declaration by never consulting with Kashia
Pomo and other tribal leaders over the closure of a sacred site. They also
provided no mechanism for redress of this grievance.
The National Congress of American Indians (NCAI) in October 2009 passed a
strongly worded resolution blasting the Marine Life Protection Act (MLPA)
process for failing to recognize the tribal subsistence, ceremonial and
cultural rights of California Indian Tribes.
"The NCAI does hereby support the demand of the tribes of Northern
California that the State of California enter into government to government
consultations with these tribes; and that the State of California ensure the
protection of tribal subsistence, ceremonial and cultural rights in the
implementation of the state of Marine Life Protection Act," the resolution
stated.
The MLPA, a law passed by the Legislature and signed by Governor Gray Davis
in 1999, has been hijacked by oil industry, real estate, marine development
and other corporate interests under the Schwarzenegger administration. MLPA
officials have completely taken water pollution, oil drilling, habitat
destruction and other human uses of the ocean other than fishing in this
bizarre parody of marine "protection."
Wiseman and his collaborators constantly claim that the MLPA process, funded
privately by the Resources Legacy Fund Foundation, is "open and
transparent," but the only thing "open" about the initiative is how it has
openly violated the American Indian Religious Freedom Act and the UN
Declaration on the Rights of Indigenous People. Not only has it broken these
federal and international laws, but until recently MLPA officials openly
defied the state of California's Bagley-Keene Open Meetings Act and the
First Amendment of the U.S.Constitution by barring reporters from covering
"work sessions" of the process with video and audio recording equipment.
It was only after an outpouring of outrage by civil liberties advocates and
journalists over the arrest of David Gurney, independent journalist, as he
filmed an MLPA "work session" that Wiseman decided to finally obey the law.
For more information about the violation of indigenous subsistence, cultural
and religious rights under the MLPA, go to:
http://www.fishsniffer.com/forums/content.php?r=221 and Violet Wilder's
facebook page, "KEEP THE NORTHERN CALIFORNIA BEACHES ACCESSIBLE FOR THE
COASTAL TRIBES" (http://www.facebook.com/group.php?gid=105945012781743).
Act, UN Declaration
From the article below: "The MLPA process has violated this historic law by
banning the Kashia Pomo Tribe from practicing their religion by gathering
seaweed and shellfish and conducting ceremonies at their sacred site,
Danaka, in northern Sonoma County."
In addition to the two legal instruments mentioned in the article below (the
American Indian Religious Freedom Act (AIRFA) and the UN Declaration on the
Rights of Indigenous Peoples) there is another international treaty to which
the United States is a party which specifically prohibits the human rights
violations cited below, the legally-binding International Covenant on Civil
and Political Rights (ICCPR).
ICCPR, Article 1 states that "In no case may a people be deprived of its own
means of subsistence" and Article 27 provides that "In those States in which
ethnic, religious or linguistic minorities exist, persons belonging to such
minorities shall not be denied the right, in community with the other
members of their group, to enjoy their own culture, to profess and practise
their own religion, or to use their own language."
Governor Schwarzenegger's Marine Life Protection Act (MLPA) Initiative is
clearly in violation of both provisions of international human rights law.
___________________________
MLPA Initiative Violates American Indian Religious Freedom Act, UN
Declaration
http://yubanet.com/california/MLPA-Initiative-Violates-American-Indian-Relig
ious-Freedom-Act-UN-Declaration.php
May 26, 2010
By: Dan Bacher
May 26, 2010 - Governor Arnold Schwarzenegger's Marine Life Protection Act
(MLPA) Initiative has brazenly violated the American Indian Religious
Freedom Act (AIRFA) and the UN Declaration on the Rights of Indigenous
Peoples, passed by the UN General Assembly in September 2007.
Passed by both houses of Congress, AIRFA became law on August 11, 1978,
spurred by the American Indian Movement's Longest Walk from San Francisco to
Washington, D.C. that year. The act recognized the "inherent right" of
American citizens to religious freedom; admitted that in the past the U.S.
government had not protected the religious freedom of American Indians;
proclaimed the "indispensable and irreplaceable" role of religion "as an
integral part of Indian life"; and called upon governmental agencies to
"protect and preserve" for American Indians their inherent right to practice
their traditional religions.
AIRFA states, "it shall be the policy of the United States to protect and
preserve for American Indians their inherent right of freedom to believe,
express, and exercise the traditional religions of the American Indian,
Eskimo, Aleut, and Native Hawaiians, including but not limited to access to
sites, use and possession of sacred objects, and the freedom to worship
through ceremonials and traditional rites."
The MLPA process has violated this historic law by banning the Kashia Pomo
Tribe from practicing their religion by gathering seaweed and shellfish and
conducting ceremonies at their sacred site, Danaka, in northern Sonoma
County. In the Kashia Pomo's creation story, Danaka (Stewarts Point) is the
place where the tribe first walked on land.
The sacred site is located in a so-called "marine protected area" that was
part of a package of reserves that the California Fish and Game Commission
voted 3 to 2 for on August 5, 2009, in spite of vocal opposition by the
tribe, fishermen and environmental justice advocates.
"They're interfering with our religion, the food that we lived off before
the white man came," said tribal elder Violet Chappell during a blessing
ceremony off Danaka on April 30, the day before the May 1 closure, hosted by
landowner Arch Richardson.
The gathering on a bluff overlooking the ocean drew 145 people, including
members of the Kashia Pomo and other California Indian Tribes, recreational
anglers, seaweed harvesters and environmental justice advocates to thank and
bless the ocean for the food it has provided to native peoples for thousands
of years.
"We used this food every day - we call it health food," Chappell stated.
"The food was created by our creator - we treated it with care and respect.
We are here to say respect us for our food - don't close this area down
because it's part of our religion."
"I don't think the Fish and Game Commission would be allowed to close down a
Catholic Church, would they?" she asked.
Article 32, Section 2, of the UN Declaration on the Rights of Indigenous
People mandates "free prior and informed consent" in consultation with the
indigenous population affected by a state action
(http://www.iwgia.org/sw248.asp).
It also says, "States shall provide effective mechanisms for provention of,
and redress for: Any action which has the aim or effect of dispossessing
them of their lands, territories or resources."
Ken Wiseman, MLPA Initiative executive director, and the California Fish and
Game Commission violated the UN declaration by never consulting with Kashia
Pomo and other tribal leaders over the closure of a sacred site. They also
provided no mechanism for redress of this grievance.
The National Congress of American Indians (NCAI) in October 2009 passed a
strongly worded resolution blasting the Marine Life Protection Act (MLPA)
process for failing to recognize the tribal subsistence, ceremonial and
cultural rights of California Indian Tribes.
"The NCAI does hereby support the demand of the tribes of Northern
California that the State of California enter into government to government
consultations with these tribes; and that the State of California ensure the
protection of tribal subsistence, ceremonial and cultural rights in the
implementation of the state of Marine Life Protection Act," the resolution
stated.
The MLPA, a law passed by the Legislature and signed by Governor Gray Davis
in 1999, has been hijacked by oil industry, real estate, marine development
and other corporate interests under the Schwarzenegger administration. MLPA
officials have completely taken water pollution, oil drilling, habitat
destruction and other human uses of the ocean other than fishing in this
bizarre parody of marine "protection."
Wiseman and his collaborators constantly claim that the MLPA process, funded
privately by the Resources Legacy Fund Foundation, is "open and
transparent," but the only thing "open" about the initiative is how it has
openly violated the American Indian Religious Freedom Act and the UN
Declaration on the Rights of Indigenous People. Not only has it broken these
federal and international laws, but until recently MLPA officials openly
defied the state of California's Bagley-Keene Open Meetings Act and the
First Amendment of the U.S.Constitution by barring reporters from covering
"work sessions" of the process with video and audio recording equipment.
It was only after an outpouring of outrage by civil liberties advocates and
journalists over the arrest of David Gurney, independent journalist, as he
filmed an MLPA "work session" that Wiseman decided to finally obey the law.
For more information about the violation of indigenous subsistence, cultural
and religious rights under the MLPA, go to:
http://www.fishsniffer.com/forums/content.php?r=221 and Violet Wilder's
facebook page, "KEEP THE NORTHERN CALIFORNIA BEACHES ACCESSIBLE FOR THE
COASTAL TRIBES" (http://www.facebook.com/group.php?gid=105945012781743).
DON'T MISS THE RAINBOW PUSH COALITION CIVIL RIGHTS PLENARY SESSION FREE AND OPEN TO THE PUBLIC
DON'T MISS THE RAINBOW PUSH COALITION CIVIL RIGHTS PLENARY SESSION FREE AND OPEN TO THE PUBLIC
http://blogs.myspace.com/index.cfm?fuseaction=blog.view&friendId=98128197&blogId=535330421
http://blogs.myspace.com/index.cfm?fuseaction=blog.view&friendId=98128197&blogId=535330421
Tuesday, June 1, 2010
High Court Limits Miranda in 5-4 Ruling
High Court Limits Miranda in 5-4 Ruling
(Note: You no longer have the right to remain silent and everything will be used against you whether you talk or not. Dave)
Silence Right Must Be Invoked Explicitly, Court Says--High Court Limits Miranda in 5-4 Ruling 01 Jun 2010 Criminal suspects must explicitly invoke their right to remain silent to force police to stop questioning, a divided U.S. Supreme Court ruled. The 5-4 decision upholds the Michigan murder conviction of a man who sat silent throughout most of a three-hour interrogation by police. The ruling blunts the force of the landmark 1966 Miranda v. Arizona decision, which required police to inform suspects of their rights. The ruling divided the court along what have become familiar lines, with Chief 'Justice' John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito joining Kennedy in the majority.
http://www.businessweek.com/news/2010-06-01/silence-right-must-be-invoked-explicitly-court-says-update1-.html
By Greg Stohr
June 1 (Bloomberg) -- Criminal suspects must explicitly invoke their right to remain silent to force police to stop questioning, a divided U.S. Supreme Court ruled.
The 5-4 decision upholds the Michigan murder conviction of a man who sat silent throughout most of a three-hour interrogation by police. The ruling blunts the force of the landmark 1966 Miranda v. Arizona decision, which required police to inform suspects of their rights.
“A requirement of an unambiguous invocation of Miranda rights results in an objective inquiry that avoids difficulties of proof and provides guidance to officers on how to proceed in the face of ambiguity,” Justice Anthony Kennedy wrote for the majority.
The ruling divided the court along what have become familiar lines, with Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito joining Kennedy in the majority.
“Today’s decision turns Miranda upside down,” Justice Sonia Sotomayor wrote in dissent. “Criminal suspects must now unambiguously invoke their right to remain silent -- which, counterintuitively, requires them to speak.”
Justices Stephen Breyer, John Paul Stevens and Ruth Bader Ginsburg joined Sotomayor in dissent.
Right Waived
The majority also ruled that the suspect, Van Chester Thompkins, waived his right to remain silent when he answered a question two hours and 45 minutes into the interrogation.
A police detective at that point asked, “Do you pray to God to forgive you for shooting that boy down?” Thompkins answered, “Yes” and looked away.
Thompkins was convicted of murdering Samuel Morris outside a mall in Southfield, Michigan, in 2000. Another victim was wounded in the shooting.
Thompkins was sentenced to life in prison and appealed on several grounds, arguing that prosecutors shouldn’t have been permitted to use the statements he made to police during questioning.
The Supreme Court in 1994 ruled that the suspects must be unambiguous when they invoke their right to an attorney. The majority today said the latest ruling was a logical next step.
“Thompkins did not say that he wanted to remain silent or that he did not want to talk with the police,” Kennedy wrote. “Had he made either of these simple, unambiguous statements, he would have invoked his right to cut off questioning.”
Sotomayor said that, in contrast to the right-to-counsel context, suspects might be confused about what they need to do to invoke their right to be silent.
“Advising a suspect that he has a ‘right to remain silent’ is unlikely to convey that he must speak (and must do so in some particular fashion) to ensure the right will be protected,” she wrote.
The case is Berghuis v. Thompkins, 08-1470.
--Editors: Laurie Asseo, Brigitte Greenberg.
To contact the reporter on this story: Greg Stohr in Washington at gstohr@bloomberg.net.
To contact the editor responsible for this story: Mark Silva at msilva34@bloomberg.net.
--
Drill baby drill, became Spill baby spill, then burn baby burn became, kill baby kill as all the sea life and the economy of the gulf dies.
(Note: You no longer have the right to remain silent and everything will be used against you whether you talk or not. Dave)
Silence Right Must Be Invoked Explicitly, Court Says--High Court Limits Miranda in 5-4 Ruling 01 Jun 2010 Criminal suspects must explicitly invoke their right to remain silent to force police to stop questioning, a divided U.S. Supreme Court ruled. The 5-4 decision upholds the Michigan murder conviction of a man who sat silent throughout most of a three-hour interrogation by police. The ruling blunts the force of the landmark 1966 Miranda v. Arizona decision, which required police to inform suspects of their rights. The ruling divided the court along what have become familiar lines, with Chief 'Justice' John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito joining Kennedy in the majority.
http://www.businessweek.com/news/2010-06-01/silence-right-must-be-invoked-explicitly-court-says-update1-.html
By Greg Stohr
June 1 (Bloomberg) -- Criminal suspects must explicitly invoke their right to remain silent to force police to stop questioning, a divided U.S. Supreme Court ruled.
The 5-4 decision upholds the Michigan murder conviction of a man who sat silent throughout most of a three-hour interrogation by police. The ruling blunts the force of the landmark 1966 Miranda v. Arizona decision, which required police to inform suspects of their rights.
“A requirement of an unambiguous invocation of Miranda rights results in an objective inquiry that avoids difficulties of proof and provides guidance to officers on how to proceed in the face of ambiguity,” Justice Anthony Kennedy wrote for the majority.
The ruling divided the court along what have become familiar lines, with Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito joining Kennedy in the majority.
“Today’s decision turns Miranda upside down,” Justice Sonia Sotomayor wrote in dissent. “Criminal suspects must now unambiguously invoke their right to remain silent -- which, counterintuitively, requires them to speak.”
Justices Stephen Breyer, John Paul Stevens and Ruth Bader Ginsburg joined Sotomayor in dissent.
Right Waived
The majority also ruled that the suspect, Van Chester Thompkins, waived his right to remain silent when he answered a question two hours and 45 minutes into the interrogation.
A police detective at that point asked, “Do you pray to God to forgive you for shooting that boy down?” Thompkins answered, “Yes” and looked away.
Thompkins was convicted of murdering Samuel Morris outside a mall in Southfield, Michigan, in 2000. Another victim was wounded in the shooting.
Thompkins was sentenced to life in prison and appealed on several grounds, arguing that prosecutors shouldn’t have been permitted to use the statements he made to police during questioning.
The Supreme Court in 1994 ruled that the suspects must be unambiguous when they invoke their right to an attorney. The majority today said the latest ruling was a logical next step.
“Thompkins did not say that he wanted to remain silent or that he did not want to talk with the police,” Kennedy wrote. “Had he made either of these simple, unambiguous statements, he would have invoked his right to cut off questioning.”
Sotomayor said that, in contrast to the right-to-counsel context, suspects might be confused about what they need to do to invoke their right to be silent.
“Advising a suspect that he has a ‘right to remain silent’ is unlikely to convey that he must speak (and must do so in some particular fashion) to ensure the right will be protected,” she wrote.
The case is Berghuis v. Thompkins, 08-1470.
--Editors: Laurie Asseo, Brigitte Greenberg.
To contact the reporter on this story: Greg Stohr in Washington at gstohr@bloomberg.net.
To contact the editor responsible for this story: Mark Silva at msilva34@bloomberg.net.
--
Drill baby drill, became Spill baby spill, then burn baby burn became, kill baby kill as all the sea life and the economy of the gulf dies.
Death of Al Qaeda Number Three Is End of An Era
Death of Al Qaeda Number Three Is End of An Era
http://abcnews.go.com/Blotter/al-qaeda-number-al-yazid-killed/story?id=10793370&nwltr=blotter_featureMore
U.S. Official: Being Al Qaeda Number 3 Is 'Most Dangerous Job In the World'
By MATTHEW COLE and NICK SCHIFRIN
June 1, 2010 —
The death of Mustafa Ahmed Muhammad Uthman Abu al-Yazid, al Qaeda's commander in Afghanistan, is one of the most significant blows to al Qaeda under the Obama administration, and brings to an end an era of jihad.
The death of Abu al Yazid, a key figure in the 9-11 attacks who was considered al Qaeda's number three leader, removes one of the organization's best-trained veterans from the field. It deprives Osama bin Laden and his deputy, Ayman al Zawahiri, of one of their few remaining close confidants, and forces al Qaeda to turn to younger, less experienced leaders.
Mustafa Abu al-Yazid, also known as Sheikh Sa'id, was killed late on May 21 in a CIA drone attack in the Datta Khel region of North Waziristan, according to residents of the village where he died.
Al Qaeda released a statement yesterday that eulogized al Yazid, calling him a martyr and praising his three-decade career fighting in multiple jihads. The statement said that Yazid's wife, three daughters and a granddaughter died with him; residents say the four missiles that hit the compound where he was staying also killed three Arabs and nine locals, but make no mention of Yazid's relations.
Since 9/11, American military and counterterrorism forces have killed or captured hundreds of al Qaeda operatives, including the man often cited as the original "number three," Khalid Sheikh Muhammed. A senior U.S. official told ABC News that being al Qaeda's number three is "the most dangerous job in the world."
But of the multiple "number three's" who the U.S. has killed, Yazid was the most important, not just because of personal relationships with Zawahiri and bin Laden going back decades. According to a U.S. official, it's also because Yazid has been one of the most "dangerous" members of al Qaeda. "He was a very unpleasant guy," said the official. "He's had a hand or a role in every major thing that the group has done to us or our allies in the last 9 years."
Since 2007, Yazid has been al Qaeda's commander in Afghanistan, brought into that position after al Qaeda's relationship with Mullah Muhammad Omar, the leader of the Afghan Taliban, had cooled. An Egyptian, Yazid was an early member of Zawahiri's Egyptian Islamic Jihad. When Zawahiri's group merged with bin Laden's group to make the present day al Qaeda, Yazid became a founding member of al Qaeda.
CLICK HERE to follow ABC News Chief Investigative Correspondent Brian Ross on Twitter.
He joined bin Laden in Afghanistan during the 1980s, having fled Egypt after being released from prison in Cairo, where he served three years for his purported connection to the 1981 assassination of Egyptian President Anwar Sadat.
Yazid, who served for many years as al Qaeda's accountant and chief financial officer, was a leading strategist of the organization and a trusted deputy of both Zawahiri and bin Laden, one of the few in al Qaeda believed to have direct access to the two elusive leaders of the organization. Yazid was cited in the 9/11 Commission's report as the person who controlled the funds used for the devastating attacks.
While the 9/11 commission described al-Yazid as a "chief financial officer," in recent years he had ascended into a higher position, with his hand in virtually everything al Qaeda did. "He has an intimate understanding not only of the books," said a U.S. official, "but also how the money is being spent, which departments are operating correctly and incorrectly, how am I amortizing my costs, etc."
Following the U.S. invasion of Afghanistan, Yazid fled Afghanistan and hid, finally re-emerging in 2007 when al Qaeda announced his position leading the group in Afghanistan.
Since then, he has been a consistent face of al Qaeda, appearing in dozens of videos and audio-tapes, excoriating American troops and calling for more attacks against the West.
At the time of his return to the battlefield, analysts and experts noted that Yazid was chosen because of his strong relationship with (cut) Mullah Omar and his excellent rapport with the Afghan Pashtun fighters under Omar.
His promotion was seen as an effort by bin Laden to strengthen ties with the Taliban and refocus efforts on the war inside Afghanistan.
But as he rose in the ranks, the United States began to kill mid-level al Qaeda leaders, forcing Yazid to become less strategic and more tactical, according to a U.S. official. "He has to be in touch with people, has to take the meetings, he has to send out the messages. And that exposed him," the official said.
As al Qaeda's leaders have been targeted, the group has morphed, in part by helping and embedding with local terror groups. A U.S. official compared how al Qaeda currently operates in the Afghanistan-Pakistan region to a venture capital firm. Al Qaeda has found groups to "invest" in, helping them facilitate, finance, train, and organize. Yazid was at the center of that effort, a "conduit" between al Qaeda and groups such as the Haqqani network, Lashkar-e-Taiba, as well as the Taliban, according to the official. The official compared Yazid to the venture capital firm's "angel investor" who has made some "very wise investments" in certain groups in recent years.
U.S. authorities have announced Yazid's death on more than one occasion before, only to have Yazid appear in a video and boast that he was still alive.
Although al Qaeda will have already replaced Yazid on the organizational chart, his experience and veteran leadership will be difficult to replace.
Yazid's death does not mark the end of al Qaeda nor suggest U.S. forces are any closer to finding bin Laden and Al Zawahiri.
But it does mark the end of the line of al Qaeda operatives who forged their skills in the Afghan jihad against Russia in the 1980's.
And it suggests that al Qaeda is currently made up and led on a daily basis by a much younger group of terrorists, ones who gained their experience after 9/11. The newer leaders, analysts say, could prove more radical, less mature, and perhaps degrade al Qaeda's global aspirations.
--
Drill baby drill, became Spill baby spill, then burn baby burn became, kill baby kill as all the sea life and the economy of the gulf dies.
http://abcnews.go.com/Blotter/al-qaeda-number-al-yazid-killed/story?id=10793370&nwltr=blotter_featureMore
U.S. Official: Being Al Qaeda Number 3 Is 'Most Dangerous Job In the World'
By MATTHEW COLE and NICK SCHIFRIN
June 1, 2010 —
The death of Mustafa Ahmed Muhammad Uthman Abu al-Yazid, al Qaeda's commander in Afghanistan, is one of the most significant blows to al Qaeda under the Obama administration, and brings to an end an era of jihad.
The death of Abu al Yazid, a key figure in the 9-11 attacks who was considered al Qaeda's number three leader, removes one of the organization's best-trained veterans from the field. It deprives Osama bin Laden and his deputy, Ayman al Zawahiri, of one of their few remaining close confidants, and forces al Qaeda to turn to younger, less experienced leaders.
Mustafa Abu al-Yazid, also known as Sheikh Sa'id, was killed late on May 21 in a CIA drone attack in the Datta Khel region of North Waziristan, according to residents of the village where he died.
Al Qaeda released a statement yesterday that eulogized al Yazid, calling him a martyr and praising his three-decade career fighting in multiple jihads. The statement said that Yazid's wife, three daughters and a granddaughter died with him; residents say the four missiles that hit the compound where he was staying also killed three Arabs and nine locals, but make no mention of Yazid's relations.
Since 9/11, American military and counterterrorism forces have killed or captured hundreds of al Qaeda operatives, including the man often cited as the original "number three," Khalid Sheikh Muhammed. A senior U.S. official told ABC News that being al Qaeda's number three is "the most dangerous job in the world."
But of the multiple "number three's" who the U.S. has killed, Yazid was the most important, not just because of personal relationships with Zawahiri and bin Laden going back decades. According to a U.S. official, it's also because Yazid has been one of the most "dangerous" members of al Qaeda. "He was a very unpleasant guy," said the official. "He's had a hand or a role in every major thing that the group has done to us or our allies in the last 9 years."
Since 2007, Yazid has been al Qaeda's commander in Afghanistan, brought into that position after al Qaeda's relationship with Mullah Muhammad Omar, the leader of the Afghan Taliban, had cooled. An Egyptian, Yazid was an early member of Zawahiri's Egyptian Islamic Jihad. When Zawahiri's group merged with bin Laden's group to make the present day al Qaeda, Yazid became a founding member of al Qaeda.
CLICK HERE to follow ABC News Chief Investigative Correspondent Brian Ross on Twitter.
He joined bin Laden in Afghanistan during the 1980s, having fled Egypt after being released from prison in Cairo, where he served three years for his purported connection to the 1981 assassination of Egyptian President Anwar Sadat.
Yazid, who served for many years as al Qaeda's accountant and chief financial officer, was a leading strategist of the organization and a trusted deputy of both Zawahiri and bin Laden, one of the few in al Qaeda believed to have direct access to the two elusive leaders of the organization. Yazid was cited in the 9/11 Commission's report as the person who controlled the funds used for the devastating attacks.
While the 9/11 commission described al-Yazid as a "chief financial officer," in recent years he had ascended into a higher position, with his hand in virtually everything al Qaeda did. "He has an intimate understanding not only of the books," said a U.S. official, "but also how the money is being spent, which departments are operating correctly and incorrectly, how am I amortizing my costs, etc."
Following the U.S. invasion of Afghanistan, Yazid fled Afghanistan and hid, finally re-emerging in 2007 when al Qaeda announced his position leading the group in Afghanistan.
Since then, he has been a consistent face of al Qaeda, appearing in dozens of videos and audio-tapes, excoriating American troops and calling for more attacks against the West.
At the time of his return to the battlefield, analysts and experts noted that Yazid was chosen because of his strong relationship with (cut) Mullah Omar and his excellent rapport with the Afghan Pashtun fighters under Omar.
His promotion was seen as an effort by bin Laden to strengthen ties with the Taliban and refocus efforts on the war inside Afghanistan.
But as he rose in the ranks, the United States began to kill mid-level al Qaeda leaders, forcing Yazid to become less strategic and more tactical, according to a U.S. official. "He has to be in touch with people, has to take the meetings, he has to send out the messages. And that exposed him," the official said.
As al Qaeda's leaders have been targeted, the group has morphed, in part by helping and embedding with local terror groups. A U.S. official compared how al Qaeda currently operates in the Afghanistan-Pakistan region to a venture capital firm. Al Qaeda has found groups to "invest" in, helping them facilitate, finance, train, and organize. Yazid was at the center of that effort, a "conduit" between al Qaeda and groups such as the Haqqani network, Lashkar-e-Taiba, as well as the Taliban, according to the official. The official compared Yazid to the venture capital firm's "angel investor" who has made some "very wise investments" in certain groups in recent years.
U.S. authorities have announced Yazid's death on more than one occasion before, only to have Yazid appear in a video and boast that he was still alive.
Although al Qaeda will have already replaced Yazid on the organizational chart, his experience and veteran leadership will be difficult to replace.
Yazid's death does not mark the end of al Qaeda nor suggest U.S. forces are any closer to finding bin Laden and Al Zawahiri.
But it does mark the end of the line of al Qaeda operatives who forged their skills in the Afghan jihad against Russia in the 1980's.
And it suggests that al Qaeda is currently made up and led on a daily basis by a much younger group of terrorists, ones who gained their experience after 9/11. The newer leaders, analysts say, could prove more radical, less mature, and perhaps degrade al Qaeda's global aspirations.
--
Drill baby drill, became Spill baby spill, then burn baby burn became, kill baby kill as all the sea life and the economy of the gulf dies.
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