Human rights

WAEA Captain Hanley seeks political asylum in Pakistan on humanitarian grounds

The Honorable Rehman MalikMinister of the InteriorRoom # 438, 4TH Floor R-BlockPak SecretariatIslamabad, Pakistan
Dear Interior Minister Malik,
I am writing to your good office today in petition for your consideration of granting me political asylum in the great nation of Pakistan for the reasons stated below.  I am a U.S. citizen who has been living in Islamabad since November 2009 entering the country on a multiple-entry visa that contains a provision of a maximum stay per visit of one year.  I was married in a private civil religious service in Islamabad last year to Pakistan citizen Huma Hashmi-Hanley who previously served as an anchorwoman/compere for PTV and DAWN News for many years and we have two children by her previous marriage under our roof.
Recently, we commenced the launch of an NGO for the ‘forgotten ones’ in the flooded regions of Pakistan, but have not yet collected monies pending approval of our forthcoming application.  Huma and I have agreed to not to accept one single rupee for ourselves as a contribution to those  who are less fortunate might receive food, shelter, and clothing.  For these and other reasons, I petition you to assist us so that we may remain living together as a family for the betterment of Pakistan citizens.
A few weeks ago, I had drafted a letter to your office applying for dual U.S./Pakistan citizenship, but as the political situation has intensified, I perhaps feel this to be an exercise in futility at the present time.  It is hopeful by me and my family that you waive the provision on my multiple-entry visa that requires that I depart Pakistan once per year, as I fear that my departure through immigration may preclude my return to my family should the political situation worsen sometime in the future, never mind the added travel expenses incurred in exiting and hopefully returning to Pakistan.
As a former distinguished U.S. Naval Aviator and United Airline captain, I am a whistleblower on numerous counts who feels threatened to return to my homeland, the United States of America for the reasons stated below:
The Atlanta, Georgia office of the Securities and Exchange Commission (SEC) is currently investigating my Sarbanes-Oxley (SOX) disclosures of alleged bankruptcy fraud involving the United Airlines post-9/11 bankruptcy that concerns the alleged theft of billions of dollars and high threat criminal elements in the states and abroad.
Additionally, I am a Federal Aviation Administration/Department of Homeland Security whistleblower whose rights have been denied in processing my FAA Whistle Blower Protection Report concerning my wrongful termination as a United B-777 captain in the post-9/11 era.
I also serve as the Transportation Medical Whistleblower for a global grassroots network of medical professionals known as ‘Medical Whistleblower’.
recent article in the Washington Examiner authored by journalist Barbara Hollingsworth explained how other airline pilots in similar situations have been fighting back in our courts to help expose these abhorrent methods of silencing airline pilot whistleblowers, but a DC federal judge recently dismissed the case of retired Northwest Airlines whistleblower Captain Field McConnell in his  suit against the Air Line Pilots Association for his suppression in attempting to report on illegal aircraft modifications in 2006.
The U.S. Department of Justice, after several years has refused to join the SEC in this federal investigation involving alleged infractions of the Racketeer Influenced and Corrupt Organizations Act (RICO Act) and will not provide witness protection to myself or criminal informants, nor will my home state of Georgia congressional representativesintercede on my behalf to legally and politically protect me. I have done nothing wrong, but everything in accordance with U.S. federal laws and regulations in reporting a major crime to competent authority and I have placed myself and my family at grave risk for doing so.
Last July, a member of the Atlanta FBI Joint Terrorist Task Force contacted me in Islamabad informing of their knowledge that I was living in Islamabad, married to Huma Hashmi, and allegedly ‘making statements against the U.S. government’.
One month ago, three agents of the Atlanta FBI paid a visit to the home of my sister who lives in Georgia looking for me, as they stated that I may be in danger and were concerned for my welfare.  I have done nothing whatsoever in violation of federal laws and have a clean legal record.
Being of strong Irish heritage and given the political uncertainty at present in Pakistan and the region, while being concerned of sustaining my Pakistan visa,  several months ago I applied to the Irish Office of Justice, Law and Reform seeking a waiver to their provisions for dual Irish/U.S. citizenship, but they merely advised me that they were processing my application.  During this same time frame, I petitioning Amnesty International to aid me in some way, but their office never responded to my request.
I have submitted an affidavit to the International Criminal Court in The Hague and, again, their office thanked me for my input, but have not acted in any way to assist me in this matter.  All of these matters are of grave global political importance, particularly to the good citizens of Pakistan who have paid a dear price in monies and blood fighting the ‘war on terror’ that commenced in 2001.
I have recently declared myself a ‘world citizen’ in search of a legal domicile outside the conterminous United States, but will never renounce my U.S. citizenship, which is my birthright.  I served with distinction and honor as a U.S. Naval officer/aviator and my whistleblower efforts have been strongly endorsed by both the Government Accountability Project and the National Whistleblower Center in Washington DC.
Senator John McCain recently introduced a bill in the U.S. Senate entitled, the “Enemy Belligerent, Interrogation, Detention, and Prosecution Act of 2010”, that potentially places every American citizen whistleblower at risk for exercising their first amendment freedom of speech rights with possible imprisonment for doing so until all hostilities cease.  Although not yet passed, this bill poses threatening overtures of my possible incarceration without legal representation under the auspices of the USA Patriot Act, given my past whistleblower disclosures.
Because my government has failed in its responsibilities to me as a federal whistleblower, in accordance with the U.S. Federal Tort Claims Act (June 25, 1948, ch. 646, Title IV, 62 Stat. 282, “28 U.S.C. Pt.VI Ch.171” and 28 U.S.C. § 1341346(b) ), I have filed copies of Standard Form 95 Claim for Damage, Injury or Death giving notice to various offices of my intent to file a damage claim against the United States government within the next few months for the amount of $20-million, which poses additional risks to me as  a federal whistleblower.
In the past ten years, a full 98% of all U.S. federal whistleblowers have failed in their attempts to expose criminal activity involving fraud, waste and abuse of U.S. tax payer dollars.  Of those numbers, there is a ten-to-one ratio of disenfranchised aviation whistleblowers to all others.
They say that love knows no boundaries and I married Huma Hashmi because we truly love one another.  Her late father, a Pakistan International Airlines B-747 captain, was ‘medically retired’ many years ago for alleged political differences of opinion.
We share an equal concern about this issue, as well as our prayer that the planet will soon realize world peace in a land wrought with continued economic distress and suffering from flooding and continued drone attacks and other violence in the region.  Although we haven’t received approval of NGO status, we are still working with others in the region attempting to provide relief for the still homeless tens-of-thousands of victims in the flooded areas of Pakistan.
Having endured many personal hardships myself the past several years, albeit small in comparison to the good citizens of Pakistan, my loving wife Huma and I pray that the government of Pakistan will give full consideration to our pending plea to remain together as a family of four in Islamabad as we attempt to grow our business service in support of our two children in Islamabad, my college-age student daughter in Atlanta, Georgia, and the launch of our NGO for the less-privileged ‘forgotten ones’ who are still attempting to survive the elements starving in tent cities in the rural areas of Pakistan.
It is herein that I respectfully request that the government of Pakistan waive the restriction of a maximum stay of one year on my travel visa and grant me political asylum until these legal and political matters are resolved.  If agreed, please advise me via this email address of the specific administrative requirements for processing this request. Although tangentially related, I am seeking political asylum for humanitarian reasons as stated above.
I dearly love my own country and its citizens and embrace the U.S. Constitution for those moral values that it perhaps once represented, but feel have been breached in my case.  I also dearly love Pakistan and its people and weep for all the death, injuries and destruction that has been wrought on its citizens and economy over the past decade from participation in the ‘war on terror’.
At present, I feel like a man without a country, an orphan refugee seeking refuge in foreign lands until my legal case has been adequately addressed and my physical protection is guaranteed.  Please give me a home in Pakistan; I intend to apply for dual U.S./Pakistan citizenship and reside in Islamabad once peace and prosperity is restored to your people and their country.  I also very much desire to return one day to my homeland, the United States of America, so that I may be once again reunited with my family members there once peace and prosperity is restored globally.
As a testament to my whistleblower efforts, I offer you the following endorsements received from two of the largest whistleblower organizations in the world located in Washington, DC:

David Colapinto – General Counsel, National Whistleblower Center
“Dan Hanley is an effective champion for advancing the rights of whistleblowers. Dan’s tireless work on behalf of airline employees, and his effective voice as a national spokesman on behalf of the Whistleblowing Airlines Employees Association, is vital to protect the rights of all employees to expose illegal conduct by their employers. Dan has been on the front lines in the battle to hold our nation’s airlines accountable for lapses in airline safety, threats to national security and violations of law.
Additionally, Dan is helping to ignite a growing grass-roots movement of citizens, whistleblowers and activists to support the enactment of strong whistleblower protections for both government and private industry employees. We whole-heartedly support and appreciate Dan’s efforts and look forward to working with him to accomplish long-overdue goals of effective government reforms and stronger whistleblower laws.”

Tom Devine – Legal Director, Government Accountability Project
“Dan Hanley’s leadership of the Whistleblowing Airlines Employees Association personifies why whistleblowers make a difference keeping bureaucracies and politicians honest, and warning the public when they’re not. His commitment to public service is cheerfully relentless and unqualified. As long as he is breathing, he is fighting bureaucratic abuses of power that betray the public trust,” stated Tom Devine, GAP legal director.
I was also honored several months ago with a ‘Restore Integrity’ award by a U.S. grassroots effort, POPULAR, Power Over Poverty Under Laws of America Restored:


Captain Dan Hanley of the “Whistleblowing Airline Employees Association” for his relentless advocacy to ultimately keep the skies safe for millions of air travelers, culminating with a recent commitment by the U.S. Securities and Exchange Commission to consider alleged improprieties attendant to the United Airlines Chapter 11 bankruptcy.
Thank you for your consideration.  I will wait patiently for a reply while keeping in mind that for my family and me time is of the essence.
Very respectfully,
Captain Dan HanleyInternational Public SpokespersonWhistleblowing Airline Employees Association International
Encl: Restore Integrity Award Certificate Cc:  Capt. (R) Raashid Bashir Mazari – Joint Secretary, Interior Ministry Mr. Sawar Khan – Deputy Secretary, Imigration, Passport & Nationality Mr. Muhammad Khurshid Khan – Senior Officer, Passports/Policy Mr. Fazal Hussain – Deputy Secretary Poll., International Mr. Abdur Rehman  – Section Officer Poll. Mr. Salil Shetty – Secretary General, Amnesty International Mr. Colm O’Cuanachain – Senior Director, Amnesty International The Honorable Luis Moreno-Ocampo – Prosecutor, Intl Criminal Court The Honorable Hillary Clinton – U.S. Secretary of State The Honorable Eric Holder – U.S. Attorney General The Honorable Richard Skinner – Inspector General, Homeland Security The Honorable Glenn Fine – Inspector General, Justice The Honorable Calvin Scovel – Inspector General, Transportation The Honorable H. David Kotz – Inspector General, SEC The Honorable Eric Thorsen – Inspector General, Treasury The Honorable Ray LaHood – Secretary, Transportation The Honorable Randy Babbitt – Administrator, FAA The Honorable Mary Shapiro – Commissioner, SEC Senator Joe Lieberman – Chairman, Homeland Security Committee Senator John McCain – Senate Homeland Security Committee Senator Saxby Chambliss (R-GA) Senator Johnny Isakson (R-GA) Congressman Lynn Westmoreland (R-GA) Brian Lamkin – Special Agent-in-Charge, Atlanta FBI Matthew McNamara – Assistant Director, Atlanta SEC Mrs. Huma Hashmi-Hanley Tom Devine – Legal Director, Government Accountability Project Zena Crenshaw – Executive Director, POPULAR Captain Field McConnell – Abel Danger Barbara Hollingsworth – Reporter, Washington Examiner Adil Hashimy – Pakistan TV Gordon Duff – Editor, Veterans Today Raja Mustaba – Editor, Opinion Maker

Still no apology for Lakewood couple after 20 hours in jail for crime they did not commit

(Leila Atassi)   LAKEWOOD, Ohio — Charles Geiger might owe his freedom to a few moments of grainy footage, captured by video surveillance cameras mounted in the most providential of locations.

Footage from a Lakewood restaurant proved the prominent businessman and former school board member was enjoying dinner with his daughter about the time Cleveland police say he and his SUV struck an off-duty police sergeant directing traffic outside a downtown Cleveland parking garage.

And another video from the garage itself is said to have caught the altercation and shows obvious differences between the Geiger vehicle and the true suspect’s SUV.

But the Geigers and those close to them say Cleveland police conducted little to no investigation before arresting Geiger, 59, and his wife, Patricia, 58, at their Kenneth Avenue home the night of March 1.

And they say the phalanx of officers that descended upon the middle-aged couple refused to investigate their explanations before hauling them to the Cleveland City Jail — where they spent 20 hours for a crime they did not commit.

Police have all but admitted they had the wrong guy.

Cuyahoga County prosecutors filed a motion to dismiss felonious assault and other charges against Geiger on a police investigator’s recommendation more than two weeks after the arrest. And police reportedly have sent the parking garage video to NASA to be enhanced in the hopes of getting a clear look at the license plate.

But police spokespeople have declined to comment on the misidentification, citing a still-open investigation in the case.

During a recent interview at their lakefront home, the Geigers said they won’t hold their breath in anticipation of an apology for the mix-up. But they wondered aloud what happens to people wrongly accused of crimes — and unlike them don’t have the support system or resources to clear their name.

A Plain Dealer analysis done last year discovered that in the past decade more than 350 criminal defendants went to trial only to have judges throw out the case before it reached a jury because there was never enough evidence to gain a conviction.

The Geigers believe they might have been among those tangled in the criminal justice system for months, but for the video evidence and a team of experienced attorneys.

“This shouldn’t happen to anybody,” Geiger said. “The way they accused us, arrested us, incarcerated us and let it drag on despite what could have been a relatively simple investigation to find the truth. Maybe this is our way of saying they shouldn’t get away with it.”

A night at the theater ends dramatically

The evening of March 1 started out quietly enough.

Patricia Geiger and six friends headed downtown to see “Shrek: The Musical” at Playhouse Square. The theater outings are a longstanding tradition among the women, she said. Divided in two cars, they parked where they usually do — in a garage near East 13th Street and Chester Avenue.

Patricia Geiger parked her black Acura SUV in a spot marked “reserved.” She said they were not authorized to park there but had been doing so for years without ever being ordered by a parking attendant to move.

After the show ended about 10 p.m., the women parted ways. Patricia Geiger, accompanied by two of her friends, said she exited the garage through the Dodge Court gate, headed west to East 13th Street, followed Chester Avenue to East 9th Street and got on Interstate 90 Westbound.

When she arrived home, she said goodbye to her friends, went inside and greeted her husband, who had just returned from dinner with their youngest daughter, Christine, 28.

Charles Geiger, who owns Geiger’s Clothing and Sports on Detroit Avenue, left the shop with his daughter about 8 p.m. to eat next door at Melt Bar & Grilled.

Geiger can clearly be seen on the restaurant’s video surveillance footage, walking through the restaurant and leaving with his daughter just before 9 p.m. to return to the store to close the registers.

Back at the Geiger house, Patricia Geiger was changing into her pajamas when she noticed a Lakewood police cruiser parked outside and an officer staring up at the house. She speculated someone in the neighborhood might have reported a break-in, and she ran downstairs to alert her husband.

The officer told Charles Geiger that he was short on details, but Cleveland police had indicated that the Geiger SUV had been involved in an incident downtown. Cleveland police were on their way.

Eight officers arrived just after 12:30 a.m. and told Geiger he matched the description of the driver who struck Sgt. Arthur Gorsek outside the garage and fled the scene. They said that at about 10:20 p.m., Gorsek directed a man in a black SUV to turn right onto Chester Avenue. The driver complied but then made an illegal U-turn. When Gorsek tried to stop him, the vehicle took off, knocking Gorsek to the street.

The police report stated that Gorsek had been involved in an altercation earlier in the night with the driver over parking in a reserved space, and the sergeant was certain it was the same vehicle that had hit him. He had noted the license plate, which traced back to Patricia Geiger.

Charles Geiger, who by then had called his attorney, James Oliver, tried to explain where he had been. He suggested the officers stop by Melt and speak to the staff who would corroborate his story. He said his employees at the store also would confirm that he helped close up that night and had not left until well after 9 p.m.

His daughter said the officers asked for her earlier whereabouts, and she tried to offer up a receipt as proof of the meal and the time. But the officer waved off the evidence, she said. And the police report from that night does not take note of Christine Geiger’s explanation or even her presence at the house.

The officers seemed disinterested in investigating their claims, the family said. They only bullied Geiger and repeatedly told him how much trouble he faced for such a serious offense.

When Gorsek arrived on the scene to identify Geiger, the officers forced Geiger into a police spotlight in the front yard. Gorsek identified him from the backseat of a cruiser, and Geiger was arrested for felonious assault, resisting arrest and possessing criminal tools.

Patricia Geiger, who Gorsek identified as the passenger, tried to explain that her friends would confirm that she, not her husband, was driving the car that night, and that she did not exit the garage onto Chester Avenue or see any officers.

Cleveland police arrested her for obstructing justice. A male officer let her change out of her pajamas before going downtown, she said. Although he turned his back to allow her some privacy, the officer insisted he stay in the room, Patricia Geiger said.

Waiting for the truth to be revealed

The couple were taken to the Justice Center, where they were booked, searched and separated. Police confiscated the drawstrings from their hooded sweatshirts, cut the tassels from Patricia Geiger’s moccasins and took Charles Geiger’s eyeglasses. 

Patricia Geiger said she was at first somewhat relieved to be near the police station, because she assumed police would question them and realize their error. But that opportunity never came.

It was nearly 2 a.m., when they were corralled into cells with others accused of crimes — drug possession, public intoxication, breaking and entering, or domestic violence.

Charles Geiger said he tried to keep to himself as the shouts of out-of-control inmates echoed through the men’s cell block. He caught a few hours of sleep. And when breakfast came at 5 a.m. — a bowl of cereal and milk — he gave his portion to his cell mate as both a gesture of goodwill and a prayer that he would be out of jail in time for breakfast with his family.

Patricia Geiger, who had used her one phone call to comfort her daughter, was handcuffed to two other women until she was released into a room that held about a dozen. A guard detected her fear and handed her a blanket, reassuring her that it was freshly laundered. But it was of little comfort.

After spending a sleepless night in jail, she was crushed to learn she would be held for up to 72 hours for investigation. The case was out of their control. The Geigers could only hope that Charles’ brother, Gordon, was working hard to have them released and that police were busily investigating the couple’s story.

But the morning came and went, and circumstances seemed dismal when they met separately with attorneys, who told them they would have to remain in jail through the afternoon.

Their newly retained defense lawyer William “Bud” Doyle had filed paperwork, demanding police either charge the Geigers or turn them loose. And they had no choice but to wait to find out which it would be.

The couple were finally released at 8:30 p.m. on March 2. Patricia Geiger was not charged with a crime. But her husband was charged in Cleveland Municipal Court with felonious assault, assault and failure to comply with a police officer’s order. He posted $500 bail to be released.

Their daughter, Christine, had tried to make their homecoming comfortable — stocking the kitchen with their favorite foods. And their other children, Charlie, 29, and Elizabeth, 32, flew home in a matter of days from Seattle and Denver respectively to be with their parents.

Later in the week, Patricia Geiger was told she could retrieve her SUV from a Cleveland police impound lot downtown. But when she found the car in the crowded lot, she discovered the driver side window had been left open, and the front seat was blanketed in a snow drift a foot deep. Police also had left the key in the ignition, and the battery was drained.

The Geigers then received a letter from Gorsek’s attorney, demanding the Geiger’s file a claim with their insurance company for Gorsek’s injuries.

Doyle supplied police with the Melt receipt that officers previously had rejected, the video of Charles Geiger in the restaurant and affidavits signed by the restaurant’s staff, Geiger employees, customers and the women who were with Patricia Geiger at the theater that night.

Police quietly dropped the case on March 18.

Police spokesman Sgt. Sammy Morris said at the time only that detectives would not pursue the case due to lack of evidence. When asked this week if the Geigers can expect an apology, he pointed out that Gorsek was working secondary employment that night and was not the city’s responsibility.

Patricia Sanney, a police records custodian, then sent a written statement declining to comment further. The city law department is yet to supply records in response to a request for Gorsek’s personnel and disciplinary files.

Doyle said he believes an altercation between a parking attendant and the true suspect earlier in the night over a reserved parking space led to Gorsek’s misidentification of the Geiger vehicle.

Gorsek recorded Patricia Geiger’s license plate number, presuming it belonged to the other driver, Doyle speculated. And when he was struck by a black SUV, he believed it was the same vehicle.

The Geigers say they are grateful to be free of the threat of criminal charges and will heal with the support of family and friends. Although they have not ruled out the possibility of filing a complaint against the arresting officers for their brash conduct, they are eager to put the experience behind them.

The couple says they still have faith in the system and in the integrity of most law enforcement officers. But the Geigers say they feel less safe today in downtown Cleveland — and not because of crime.

“You’re supposed to feel protected by police,” Patricia Geiger said. “And we don’t feel that way anymore. Our friends don’t want to go downtown. It’s too risky. We love Cleveland, and we want to see the city thrive. But I’m a different person because of this.”

Two young boys allegedly raped a toddler

(RAW STORY)   Two Memphis boys, aged 7 and 9, alleged to have raped a 2-year-old girl last August were placed in protective custody on Monday.

Shelby County Juvenile Court Magistrate Dan Michael turned the boys over to the state’s Department of Children’s Services after the prosecution asked that they be put in custody for treatment rather than punishment.

The boys’ attorneys, James Sanders and Samuel Jones, had both asked that the boys be allowed to receive rehabilitative services from the state while in their own homes.

Sanders, who represents the 9-year-old, said there were “clearly no winners” in the situation.

“You’ve got a victim who certainly is going to probably bear the scars of this incident for years to come,” he said.

“And you’ve got two young, alleged perpetrators who are going to have to carry the burden of this offense with them for years to come. And you’ve got a family structure that is at least disrupted from this point on.”

Jones, who represents the 7-year-old, said that it was “an emotional day for the families” and he didn’t dispute the ruling. “I have high respect for the judge and this is a very tough case for everybody,” Jones said.

(Writing and reporting by Tim Ghianni; With additional reporting by Richard Cotton in Memphis; Editing by Mary Wisniewski and Peter Bohan)

[Image via Ståle Skaland, Creative Commons licensed]

Memphis boys alleged in toddler rape put in protective custody

Tim Ghianni
Reuters US Online Report Domestic News

Mar 28, 2011 19:27 EDT

MEMPHIS, Tennessee (Reuters) – Two Memphis boys, aged 7 and 9, alleged to have raped a 2-year-old girl last August were placed in protective custody on Monday.

Shelby County Juvenile Court Magistrate Dan Michael turned the boys over to the state’s Department of Children’s Services after the prosecution asked that they be put in custody for treatment rather than punishment.

The boys’ attorneys, James Sanders and Samuel Jones, had both asked that the boys be allowed to receive rehabilitative services from the state while in their own homes.

Sanders, who represents the 9-year-old, said there were “clearly no winners” in the situation.

“You’ve got a victim who certainly is going to probably bear the scars of this incident for years to come,” he said.

“And you’ve got two young, alleged perpetrators who are going to have to carry the burden of this offense with them for years to come. And you’ve got a family structure that is at least disrupted from this point on.”

Jones, who represents the 7-year-old, said that it was “an emotional day for the families” and he didn’t dispute the ruling. “I have high respect for the judge and this is a very tough case for everybody,” Jones said.

(Writing and reporting by Tim Ghianni; With additional reporting by Richard Cotton in Memphis; Editing by Mary Wisniewski and Peter Bohan)

Seattle police officer Steve Pomper’s article offers a disturbing view of police state U. S.

The city, using its Race and Social Justice Initiative (RSJI), continues its assault on traditional and constitutional American values such as self-reliance, equal justice, and individual liberty. But more to our immediate concern, the city is inflicting its socialist policies directly on the Seattle Police Department.

Any student of history knows totalitarianism begins with small bites. In 21st Century America, political repression comes in the form of what Europeans call Fabian or Democratic Socialism, which we Americans know as progressivism.

By this method, if we aren’t careful, we will literally vote ourselves into tyranny. Some think we came pretty damn close to it in 2008: Thank God for the November slap down ordinary Americans gave their overreaching government.

I’ll leave you with this refresher: employing the RSJI, the City of Seattle is actually deciding on which people do or do not “merit punishment” for a crime, based upon their race, ethnic heritage, and/or socio-economic status. So far this only applies to DWLS3, but one has to ask, what’s next? They’re also deciding purchases and the issuing of city contracts based upon similar criteria. This is social justice, folks, and socialism has no place in Seattle, and positively no place in the Seattle Police Department.’s-view-of-Socialist-Seattle/

Big Brother, Judge Compels Discovery of ICE Databases

(COURTHOUSE NEWS SERVICE)    A federal judge asked on Thursday both parties to resolve a dispute over a FOIA request by nonprofit advocacy groups for the Immigration and Customs Enforcement “Secure Communities” program. The National Day Laborer Organizing Network said in its original complaint that the program created “error-prone civil-immigration databases” of fingerprints that ICE uses for deportation.
Joining as plaintiffs were the Center for Constitutional Rights and the Immigration Justice Clinic of the Benjamin N. Cardozo School of Law.
The defendants are the U.S. Immigration and Customs Enforcement Agency, the Department of Homeland Security, the Executive Office for Immigration Review, the FBI, and the Office of Legal Counsel.
The plaintiffs said that Secure Communities was implemented nationwide “without sufficient transparency, oversight, or public engagement.”
“Secure Communities subjects people interacting with the criminal justice system to an automatic and indiscriminate civil immigration investigation. Through Secure Communities, ICE identifies large numbers of people for deportation by cross-checking fingerprints submitted through criminal FBI fingerprint queries against error-prone civil immigration databases,” according to the complaint.
When the first complaint was filed, on April 27, 2010, Secure Communities was in its “pilot phase,” in 145 jurisdictions; plans had been laid to expand it into every jail in the country by 2013, the plaintiffs said.
The plaintiffs sought records to get “information necessary to facilitate meaningful public discourse and increase government transparency.”
After the government produced records, the plaintiffs asked U.S. District Judge Shira Scheindlin to resolve a dispute about the format in which the records were produced.
In her 27-page opinion, Scheindlin wrote that after the plaintiffs filed their complaint, they negotiated with the government to create Rapid Production Lists to turn over thousands of pages of records.
“Defendants failed to produce any records by the agreed-upon July 30 date, but nearly two thousand pages of records were produced on August 3, August 13, September 8, and October 22, 2010. These productions did not satisfy the July 7 agreement,” Scheindlin wrote.
The ruling states that the plaintiffs asked for “National policy memoranda, legal memoranda or communications relating to the ability of states or localities to opt-out or limit their participation.
In January of this year, the government sent the plaintiffs five unsearchable PDF files with just under 3,000 pages of documents stripped of identifying data, which merged electronic and paper files.
Scheindlin wants the parties to resolve their dispute over formatting.
“Once again, this Court is required to rule on an e-discovery issue that could have been avoided had the parties had the good sense to ‘meet and confer,’ ‘cooperate’ and generally make every effort to ‘communicate’…

“Lawyers are all too ready to point the finger at the courts and the Rules for increasing the expense of litigation, but that expense could be greatly diminished if lawyers met their own obligations to ensure that document production is handled as expeditiously and inexpensively as possible. This can only be achieved through cooperation and communication,” Scheindlin wrote, ending her Feb. 3 ruling.

DHS’s “See Something Say Something” Program at Walmart claims their first victim… because he was on his cell phone

(Daily Express)   Kirksville, Mo. — A report of an armed man acting erratically in the Wal-Mart parking lot Wednesday led to the store being temporarily locked down before Kirksville Police responded to and defused the situation with no injuries.
According to Kirksville Police Chief Jim Hughes, a passerby stopped a Kirksville Police officer and said they had seen an individual acting erratically in a truck in the Wal-Mart parking lot shortly before 2:30 p.m. The passerby believed the individual had a gun to his head.

“We don’t take these things lightly,” Hughes said, “especially nowadays.”

KPD responded to control the scene and ordered a lockdown of the store both to keep shoppers in and prevent the individual from entering the store.

After identifying the vehicle and person in question, Hughes said a decision was made on the scene for police to attempt contact. They were able to communicate with him and he voluntarily exited the vehicle. No weapon was found and the individual was taken into custody without incident less than 20 minutes after police arrived on scene.

The individual was talking on a cell phone at the time of the incident. It’s likely that is the object the passerby identified as a gun.

Hughes said no crime was committed and no additional information, including the person’s name, would be released.

Wal-Mart security offered full cooperation, Hughes said. The Adair County Sheriff’s Office also responded and offered assistance, but Hughes said the incident was resolved prior to their active involvement.

Comparisons on ‘Women’s Worth in Society’

This is ‘our’ way…  by our ‘laws’…

On October 18th, 1929, a landmark decision changed the face of Canadian politics. Women were declared “persons” under the law and were granted the right to be appointed to the Senate. Their victory was the result of an arduous struggle by five Alberta women.

Alberta’s Famous Five – Henrietta Muir Edwards, Nellie McClung, Louise McKinney, Emily Murphy, and Irene Parlby – helped guarantee that women are represented in all levels of Canadian politics.

By 1929, Alberta’s women had secured many of the liberties commonly withheld because of gender, but surprisingly, women could not be appointed to the Senate because The British North America (BNA) Act declared, “women are persons in matters of pain and penalties, but are not persons in matters of rights and privileges.”

Emily Murphy selected four prominent supporters of social reform: Henrietta Muir Edwards, Nellie McClung, Louise McKinney, and Irene Parlby to initiate an appeal to the Supreme Court of Canada to make changes to The BNA Act. The Famous Five asked the question “does the word ‘person’ in Section 24 of The British North America Act include female persons?”

The disappointing decision from the Supreme Court stated that individuals must be “fit and qualified” to be appointed to a public office and therefore only men were eligible. Relentless in their quest for reform, the Famous Five approached the Privy Council of England – at that time Canada’s highest court of appeal. On October 18, 1929, the Lord Chancellor of the Privy Council declared, “women are eligible to be summoned and may become Members of the Senate of Canada.”

Okay…  Now, this is the First People’s Way…

The Legends are as old and as numerous as the Tribes you could count! …

The Women were the Life-Givers, therefore the closest to Mother Earth.

The Women have always been superior to the Men, in intellect, in Wisdom,  and in intuition.

No decisions in any Tribe was made without the consent and absolute approval of the Women, by the Women.

Thw Women owned the lodges, the Women (0wned) the War Councils.

Everything was in perfect order.

Men knew their place in this World of Women, a Matriarchal Society, one with Honor.

Iroquois Women, for example, were pronounced Iroquois upon their birth.

Iroquois Men world have to  wait until the age of 15 to even be asked if they understand the Great Law.

Women were ‘persons’ long before Men were ever able to be…

In fact, is it not ‘thanks to them’ that we even exist??

No, in fact, you see, all of this has to go…

There is no money to be made in a ‘Woman’s World’…

We must make ‘the whole world England’… (1700s)

Little do they know

that by killing the Woman in us all, the feminine…

They are killing the very fabric of all Culture…

…  Or are they doing THAT on purpose, too??

just look at the fifty dollar bill… What a disgrace… and they are showing their own ignorance by flaunting this so-called ‘great deed’??

The Canadian Holocaust: The (Indian) Residential School Timeline

The Canadian government developed Indian Residential Schools in the 1800s to assimilate Aboriginal peoples and, according to Canada’s first prime minister, John A. MacDonald, get rid of the “Indian problem.”  So, not only was the state-legislated, genocidal law implemented by the church, …  in other words, children, ages ranging from 4 or 5 years old, were taken away from their Indian families, most times by force, to be put in these ‘schools’ and have their Culture stripped from them forever,  That was the plan,  and precisely the one that gave Hitler the idea for his undesirables, as he studies his enemies, ‘canada’ and the ‘united’ states.  But the negative impact of nearly 100 years of residential schooling on Aboriginal children and, through them, on Aboriginal communities was profound. Since the late 1990’s, residential school survivors have filed approximately 13,000 lawsuits against the government claiming sexual and physical abuse at the hands of the personel hired by the government and churches to run the schools. I guess we all have our heads in the sand on this one…

1620:   a Franciscan order opened the first boarding school at Notre Dame des Abeges near Quebec City [closed 1629]

1636:   Jesuits opened boarding school

1668:   Ursuline nuns opened a boarding school for girls

1680:   Boarding school failed

1763:   End of Seven Years War [British conquer French, Algonquins lose French as allies]

1763:   Royal Proclamation [drew a line separating Indian tribal lands from those forming part of the colonies, and initiated an orderly process whereby Indian land could be purchased for settlement or development. The Crown established itself as the Indian protector.]

1787:   New England Company opened the Sussex Vale school in New Brunswick

1790s: American-based Methodist Episcopal church first entered Upper Canada

1812:   War of 1812 and Tecumseh’s resistance [end of Aboriginal people as military allies and as a military threat]

1821:   Committee on Indian Affairs formed by Methodist preachers from the church’s Genesee Conference to which Upper Canada belonged as a district. Most of the attendees did not believe that “Indians” could be Christianized.

1823:   Peter Jones (Mississauga First Nations) converts to Methodist Church.

1826:   Egerton Ryerson first ordained Methodist missionary to the Credit River Indians

1820s: Flood of British settlers began in Upper Canada [Between 1813-1828, York’s (Toronto) population nearly tripled to over 2,000, by the 1850’s, the population soared to 40,000]

1829:   Mohawk Institute established at Six Nations by the New England Company

1830:   Shift of jurisdiction over Aboriginal affairs from military to civilian authorities

1830s: Removal Policies in U.S. and Canada

1845:   Government report to the Legislative Assembly of Upper Canada recommends that Indian boarding schools be set up

1846:   Orillia Conference (Ontario)

1847:   Indian Affairs consults with Rev. Egerton Ryerson on setting up Indian Industrial Schools

1857:   Gradual Civilization Act passed [main focus became education as part of assimilation]

1867:   British North America Act [Legislation was passed under the act that abolished traditional Aboriginal government]

1870s: Between 1871 and 1887 the government concluded seven “numbered treaties” in the West that established a basis for Indian Policy on the prairies. Aboriginal people wanted to secure their livelihood and lands before settlers arrived

1876:   Canada adapted the Indian Act which gave the DIA the power exercise virtually complete control over the personal, political, social and economic life of Aboriginal people

1879:   Disappearance of buffalo

1879:   Under John A. Macdonald’s government:Regina MP Nicholas Flood Davin recommend removing Indian children from their “evil surroundings”. The US Industrial Schools of the United States were modeled after a prison commanded by Lt. Richard Henry Pratt, whose motto was, “the only good Indian is a dead Indian” … “Kill the Indian in him and save the man”

1880s: Churches started to build schools across Canada

1884:   Sir John A. McDonald introduces a bill to Parliament. The 3rd clause criminalizes the potlach [part of religious/cultural/political ceremonies] as a misdemeanor.

1885:   Indian Pass System [need a pass to leave or enter a reservation]

1885:   Riel Rebellion in Manitoba [grievances started in 1869: change in the transfer of Hudson Bay lands to the Dominion]: Other Cree chiefs who fought largely because the government had failed to live up to its treaty promises were hanged with Riel

1889:   Indian Affairs department held firm to Davin’s industrial model

1892:   Per Capita Grant for Aboriginal students [treaty requirements]

1896:   the Canadian government funded 45 church-run residential schools across Canada

1904:   The DIA issued two policies in consideration of western Canada to bring about quicker Indian assimilation which consisted of suppressing savage customs and improving Indian education and to reduce Indian reserves for the benefit of the expected setters [First Nations were pressured to give up portions of their reserves]

1907:   Montreal Star and Saturday Night reports on medical inspection of the schools

1907:   Indian Affairs Chief Medical Officer, Dr. P.H. Bryce, submits the Bryce Report

1912:   3,904 aboriginal children in residential/industrial schools

1920:   Duncan Campbell Scott, Deputy Superintendent of Indian Affairs (1913-1932), recommends Bill 14 which restated the government? right to compel attendance at Indian Residential Schools

“I want to get rid of the Indian problem. I do not think as a matter of fact, that this country ought to continuously protect a class of people who are able to stand alone. That is my whole point. Our Object is to continue until there is not a single Indian in Canada that has not been absorbed into the body politic, and there is no Indian question, and no Indian department and that is the whole object of this Bill. [Education is in the forefront of their requirements now.]”

1930:   75% of the all Aboriginal children between the ages of 7-15 in residential schools

1932:   8,213 aboriginal children in residential/industrial schools

1938:   The per capita grant issued for Aboriginal students was $180 [similar institution for non-Aboriginal in US and Manitoba were $294 to $642]

1943:   Recommendation made to integrate Aboriginal students in provincial schools

1945:   9,149 registered with only slightly over 100 students in grades over Grade 8

1946-48: A special Joint Committee of the Senate and the House of Commons recommended that First Nation Children be educated in mainstream schools wherever and whenever possible.

By 1948: 60% of Indian school population was enrolled in federal schools. But in 1969, 60% were in provincial schools. The number was reduced from 72 schools with 9368 to 52 schools with 7704.

1949:   Canada signed the United Nations Genocide Convention on Nov. 28th and adopted it by a unanimous vote in Parliament on Nov. 21, 1952. Residential Schools continued to operate for some 30 years after Canada signed the Convention.

Article 2: In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such(a) Killing members of the group;(b) Causing serious bodily or mental harm to members of the group;(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;(d) Imposing measures intended to prevent births within the group;(e) Forcibly transferring children of the group to another group.

1951:   Half-day system of school abandoned

1951:   Recommendation that pedagogy be changed to one that would be more familiar to the children, but this was not acted upon by the government.

1956:   Government began to look for parental input into education [parents themselves who had gone through the residential schools and were dysfunctional as a result]

By 1959: Number of Grade 9 – 13 has increased from 0 to 2144, in the next decade it rose 6834

1969:   Federal government completely took over management or closed all of the United Church-related schools

1970s: Schooling became the “battleground” for First Nations self government concerns.

1970:   Blue Quills Residential School in northern Alberta became the first school to come under control of a First nation.

1972:   National Indian Brotherhood of Canada called for an end to federal control of First nation schooling. (18) the National Indian Brotherhood (now the Assembly of First Nations) presented the government with its paper entitled Indian Control of Indian Education.

1983:   Last residential school in Canada was closed.

1980s: Stories of the victimization of Aboriginal/non-Aboriginal residential school students began to surface.

1986:   Apology made to Native Congregations by General Council

1988:   Assembly of First Nations published another report, recommending still greater control of their children’s education. Tradition and Education: Towards a Vision of Our Future called for the transfer of federal and provincial jurisdiction over First Nations education to First Nations control.

1992-3: Nuu-chah-nulth Tribal Council in BC conducted a research study of the effects of residential schooling on their members. They identified a range of physical, sexual and psychological abuses.

1995:   First Nations managed over 80 percent of the department’s education budget and 98 percent of on-reserve schools were under First Nations control.

Prepared by Lynn Jondreville (Trinity-St. Paul’s United Church) and Chang Lee (Marsville and Mimosa Pastoral Charge)

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