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Toyota

Since the Dilly, Dally, Delay & Stall Law Firms are adding their billable hours, the Toyota U.S.A. and Route 44 Toyota posts have been separated here:

Route 44 Toyota Sold Me A Lemon



Showing posts with label Zapatistas. Show all posts
Showing posts with label Zapatistas. Show all posts

Thursday, February 2, 2017

RSN: Reuters Orders Reporters to Cover Trump Like an Authoritarian Regime: Expect 'Physical Threats'




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Charles Pierce | Neil Gorsuch Is Reputed to Be to the Right of Antonin Scalia, Which Is Mind-Boggling
Donald Trump's nominee for the Supreme Court Neil Gorsuch. (photo: Alex Wong/Getty)
Charles Pierce, Esquire
Pierce writes: "It is a dark moment in your life when you realize that a Supreme Court nominee will be causing damage long after you're dead."
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Reuters Orders Reporters to Cover Trump Like an Authoritarian Regime: Expect 'Physical Threats'
Reuters
Excerpt: "The first 12 days of the Trump presidency (yes, that's all it's been!) have been memorable for all - and especially challenging for us in the news business."
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Trump Urges "Nuclear Option" to Seat Gorsuch
Richard Cowan, Reuters
Cowan writes: "President Donald Trump on Wednesday urged Senate Republicans to 'go nuclear' and invoke a rule change to force a simple majority vote toward confirmation if Democrats block his U.S. Supreme Court nominee, Neil Gorsuch, as Democrats maneuvered for a tough fight."
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GOP Suspends Senate Rule, Muscles Trump Picks Through Panel
Richard Lardner and Alan Fram, Associated Press
Excerpt: "In the latest intensification of partisan hostilities, Republicans rammed President Donald Trump's picks to be Treasury and health secretaries through a Senate committee on Wednesday with no Democrats present after unilaterally suspending panel rules that would have otherwise prevented the vote."
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Texas Mayor Jess Herbst Comes Out as a Transgender Woman
Maya Oppenheim, The Independent
Oppenheim writes: "Jess Herbst, the Mayor of a town in Collin County called New Hope, is believed to be the state's first openly transgender official."
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The Zapatista Candidate
Rasec Niembro, Jacobin
Niembro writes: "By participating in Mexico's 2018 election, the EZLN can bring its indigenous anticapitalist platform into mainstream politics."
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Republicans Move to Sell Off 3.3 Million Acres of Public Land
Climate Nexus
Excerpt: "And a bill introduced by Rep. Jason Chaffetz last week proposes to sell 3.3 million acres of federal land in 10 different states, a move environmental advocates and sportsmen groups say would cut economic activity and block public access to larger parcels of federal land."
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Tuesday, January 3, 2017

RSN: Costa Rica Ran Almost Entirely on Renewable Energy in 2016. Preparing for the Normalization of a Neofascist White House




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Juan Cole | Preparing for the Normalization of a Neofascist White House 
Donald Trump. (photo: ABC News) 
Juan Cole, Informed Comment 
Cole writes: "It is 2017, and shortly the White House will be inhabited by an unscrupulous, corrupt narcissist who has shamelessly mobilized the Neo-Nazi fringe of the Republican Party to get into power." 
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Trump Spokesman: We Need to Talk About 'Punishing' Clinton for 'Trying to Influence the Election' 
Laurel Raymond, ThinkProgress 
Raymond writes: "Trump's new press secretary, Sean Spicer, is deflecting questions about the influence of Russian hacking on the 2016 election?-?arguing instead that people should talk about on 'punishing' Hillary Clinton for trying to 'influence the election.'" 
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Black Pols Plan Trump Resistance 
Heather Caygle, Politico 
Caygle writes: "Members of the Congressional Black Caucus say they're bracing for the worst in Donald Trump, fearing a presidency that could set minorities back decades." 
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Charleston Shooting: Jury to Weigh Death Penalty for Dylann Roof 
Associated Press 
Excerpt: "Roof could be sentenced to death, but it is highly unlikely he would be executed any time soon."
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Denied: Houston Schools Systematically Block Disabled Kids From Special Ed 
Brian M. Rosenthal and St. John Barned-Smith, The Houston Chronicle 
Excerpt: "Houston schools provide special education services to a lower percentage of students than schools in virtually any other big city in America." 
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The Zapatistas Are Building the World We Ask For 
Ann Deslandes, teleSUR 
Deslandes writes: "The Zapatista experiment in resisting without bullets and instead building the world we ask for - an experiment conducted under erasure, in conditions no university laboratory would authorize, is working, and invites the curiosity, wonder and knowledge-making of all who struggle for justice in a dark world." 
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Costa Rica Ran Almost Entirely on Renewable Energy in 2016 
Maria Gallucci, Yahoo! News 
Gallucci writes: "The Central American nation ran entirely on renewable energy for more than 250 days last year, the country's power operator announced." 
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Friday, November 25, 2016

CounterCurrents: Losing Faith In Rupee, Losing Faith In Government!





Dear Friend,

The government of India is punishing the marginalised section of the society with its maniacal and diabolical changes in policies relating to the present demonetisation decision. From today onwards ordinary people can change their old notes only in Reserve Bank of India branches, situated in state capitals. People will have to travel long distances, stand in long queues to change Rs 2000.

Narendra Modi, Prime Minister of India, in his November 8th speech said as item number 7 &8 

7. For your immediate needs, you can go to any bank, head post office or sub post office, show your identity proof like Aadhaar card, voter card, ration card, passport, PAN card or other approved proofs, and exchange your old five hundred or thousand rupee notes for new notes.

8. From 10th November till 24th November the limit for such exchange will be four thousand rupees. From 25th November till 30th December, the limit will be increased.

The government first limited the exchangable amount from four thousand rupees to two thousand rupees and now stopped it altogether. 

People have already lost faith in their own currency. Now, by going back on the word, given by the Prime Minister himself, will the Indian people lose faith in their own government?


Also more stories from around the world. 

If you don't mind, and if you think the content of this news letter is critical for the dignified living and survival of humanity and other species on earth, please forward it to your friends and spread the word. It's time for humanity to come together as one family! You can subscribe to our news letter here http://www.countercurrents.org/news-letter/. 

In Solidarity

Binu Mathew
Editor
www.countercurrents.org




Is Going Cashless A Possibility?
by Sudhirendar Sharma 

http://www.countercurrents.org/2016/11/25/is-going-cashless-a-possibility/

There is no denying the fact that massive quantities of unaccounted large-denomination currency is a huge public policy problem, but what purpose does replacing high-denomination notes with fresh notes of similar or higher denomination may serve is beyond easy comprehension? With each passing day, it is becoming clear that the government had indeed hurried through its decision, counting the proverbial chickens before hatching. Having opened the Pandora’s box of divisive politics, the government should avoid going on an overdrive to make its erroneous decision look optimal ex post. Losing peoples’ faith and investor’s confidence will prove costly in the long run. It is a risk that is not worth taking!






Anything But Disruptive: Blockchain, Capital And A Case Of Fourth Industrial Age Enclosure
by Vasilis (Bill) Niaros 

http://www.countercurrents.org/2016/11/25/anything-but-disruptive-blockchain-capital-and-a-case-of-fourth-industrial-age-enclosure/

So, should we still take seriously the possibility that blockchain might still evolve into something other than capitalism’s latest technological fetish? Perhaps not. Blockchain is, after all, arguably a product of the capitalist imagination, albeit a marginal and anarchic species of capitalism outside the mainstream





Zapatista Communique: May The Earth Tremble At Its Core

http://www.countercurrents.org/2016/11/25/zapatista-communique-may-the-earth-tremble-at-its-core/

“…commemorating resistance and rebellion also means ratifying our decision to continue to live, constructing hope for a future that is only possible upon the ruins of capitalism. … This is the time of dignified rebellion, the time to construct a new nation by and for everyone, to strengthen power below and to the anticapitalist left…”






Beggars Among The Rich Is A Clue To The Working Class Vote For Trump
by Dr Arshad M Khan 

http://www.countercurrents.org/2016/11/25/beggars-among-the-rich-is-a-clue-to-the-working-class-vote-for-trump/

Whatever Trump does, it is not going to be easy to bring jobs back.  Not only have these been shipped abroad but technology has changed.  Robots on the shop floor are replacing humans, and robots don’t need breaks or sick leave or vacation time. As for the panhandlers, heaven help them.  The ‘more tax cuts’ mantra means less for them. A common measure of civilization is how well a society looks after its weakest and most vulnerable.  The new crop of leaders shows little promise in that regard.





The Reality Of Fake News
by Dr Binoy Kampmark 

http://www.countercurrents.org/2016/11/25/the-reality-of-fake-news/

Fake news as reality; the inability to navigate the waters in which it swims; a weakness in succumbing to material best treated with a huge pinch of salt. That, we are told, is the new condition of the global information environment. Laura Sydell of National Public Radio’s All Things Considered furnished readers with one such example: “FBI Agent Suspected In Hillary Email Leaks Found Dead In Apparent Murder-Suicide.”  Shared over half a million times, it ran on a site “that had had the look and feel of a local newspaper” (not that you can feel the website Denverguardian.com).





Voices for Peace – Kia Scherr Speaks
by Aaghaz-e-Dosti 

http://www.countercurrents.org/2016/11/25/voices-for-peace-kia-scherr-speaks/

As part of our aim to embed critical thinking and peace, Aaghaz-e-Dosti through interview series – “Voices for Peace” features inspiring peace personalities who have worked significantly for Indo-Pak Peace. We start this series with Ms. Kia Scherr, an inspiring Peace Personality. She is known to the world as the 26/11 (Mumbai attack of 2008) victims’ family member who forgave the terrorists, thereby refusing to submit to hatred which is the goal of terrorism.





India’s Agrarian Crisis
by Moin Qazi 

http://www.countercurrents.org/2016/11/25/indias-agrarian-crisis/

We need to arrest this influx and inject the rural economy with new skill development programmes to generate local employment .That is the right way of saving both the cities and villages –in a way the civilization itself.





Plebiscite, Kashmir And The Indian State – Experiments With Untruth
by Dr P S Sahni 

http://www.countercurrents.org/2016/11/25/plebiscite-kashmir-and-the-indian-state-experiments-with-untruth/

The Indian state wishes to forcibly have Kashmir as its live-in partner with the daily round of domestic violence inflicted on the latter. Kashmir is denied justice and freedom as the Indian state fears that it would lead an independent existence or worse get wedded and welded to Pakistan.





“Where Is Najeeb?” Protest Rally In Mumbai

http://www.countercurrents.org/2016/11/25/where-is-najeeb-protest-rally-in-mumbai/

Today a protest rally was held from Piperoad Masjid to Kalina campus of Mumbai university as a mark of protest against the attack on JNU student Najeeb Ahmed and his disappearance. Najeeb was badly thrashed by ABVP goons in his hostel on 14th October and since the next day he has been missing. It has been more than 40 days since he went missing even more than a month since JNU student Najeeb Ahmed’s disappearance, but the police claim that they have no clues about his whereabouts.


Monday, October 17, 2016

RSN: How Dictatorships Are Born, This Week in the Standing Rock Sioux Tribe Litigation




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How Dictatorships Are Born 
Donald Trump. (photo: Damon Winter/NYT) 
Roger Cohen, The New York Times 
Cohen writes: "Societies slide into dictatorship more often than they lurch, one barrier falling at a time. 'Just a buffoon,' people say, 'and vulgar.' And then it's too late." 
READ MORE
The 18 Craziest Days in Modern Presidential Politics 
Jamelle Bouie, Slate 
Bouie writes: "It feels like an eternity since the first presidential debate, at Hofstra University, where Donald Trump unraveled in real time before an audience of 85 million Americans, consumed in a knot of anger, rage, and incoherence. It's only been 18 days." 
READ MORE
'It Will Be a Bloodbath': Inside the Kansas Militia Plot to Ignite a Religious War 
Cleve R. Wootson Jr., The Washington Post 
Wootson writes: "Curtis Allen, Gavin Wright and Patrick Eugene Stein face federal charges of conspiring to use a weapon of mass destruction to blow up an apartment complex, a mosque and Muslim immigrants from Somalia, the Department of Justice announced Friday. Federal court documents reveal how the trio's hatred and Islamophobia coalesced into a plan for domestic terrorism." 
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Lawsuit Against Penn State in Sandusky Case Going to Trial 
Mark Scolforo, Associated Press 
Scolforo writes: "A lawsuit by a former Penn State coach whose testimony helped convict fellow assistant Jerry Sandusky of being a sexually violent predator goes to trial Monday over allegations that the university defamed him and wrongly refused to renew his contract." 
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Fifty Years Since the Black Panthers Formed, Here's What Black Lives Matter Can Learn 
Kehinde Andrews, Guardian UK 
Andrews writes: "The Panthers were known for their high-profile trials and confrontations, but that's not where their true revolutionary work was done." 
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Zapatistas to Present Indigenous Presidential Candidate in 2018 
teleSUR 
Excerpt: "The Zapatista National Liberal Army and the National Indigenous Congress resolved Friday to present an Indigenous woman as an independent candidate for the 2018 presidential elections in Mexico, marking a significant shift in strategy for the organization that has its roots in armed struggle." 
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This Week in the Standing Rock Sioux Tribe Litigation 
Phillip Ellis, Earthjustice 
Ellis writes: "This past week saw several developments in the Standing Rock Sioux Tribe's legal fight to protect its drinking water, sacred history and children's future from the Dakota Access oil pipeline. Here's what happened." 
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Tuesday, February 2, 2016

BRAVO! And Hillary had to cheat!RSN: Sanders Campaign Buoyed by 'Virtual Tie'



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Sanders Campaign Buoyed by 'Virtual Tie' 
Bernie Sanders celebrates the results in Iowa. (photo: The Week UK) 
Patrick Healy, The New York Times 
Healy writes: "Hillary Clinton and Senator Bernie Sanders of Vermont were locked in an intensely tight race in the Iowa caucuses on Monday as Mrs. Clinton's strong support among women and older voters was matched by the passionate liberal foot soldiers whom Mr. Sanders has been calling to political revolution." 
READ MORE
FBI Joins Flint, Michigan Water Contamination Probe 
David Shepardson, Reuters 
Shepardson writes: "The FBI is joining a U.S. criminal investigation into Flint, Michigan's water contamination crisis, a spokeswoman for the U.S. Attorney's Office in Detroit said on Tuesday." 
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UN Set to Announce Decision on Assange's Release on Friday - WikiLeaks 
RT 
Excerpt: "The UN is set to announce whether it will order the release of WikiLeaks founder Julian Assange on Friday, the whistleblower site has tweeted." 
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Facing Execution at 72, Georgia's Oldest Death Row Inmate Exposes Death Penalty's Racist Roots 
Liliana Segura, The Intercept 
Segura writes: "If Jones dies by lethal injection on Tuesday, less than two weeks from his 73rd birthday, he will be the oldest prisoner ever executed by the state of Georgia. After more than 35 years facing execution, he embodies what Supreme Court Justice Stephen Breyer last year called the 'unconscionably long' time prisoners spend on death row, many of them elderly and infirm." 
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Please STOP THE PROPAGANDA! 
STOP BLAMING OTHERS!
Chicago Police maintained a BLACK HOLE where they TORTURED blacks to confess to crimes they didn't commit. 

Shooting UNARMED BLACK PEOPLE in the back does not define police protection.

'The ACLU Effect': Chicago Cops Blame Changes to Stop and Frisk Policies for Spike in Violence 
Kevin Gosztola, Shadowproof 
Gosztola writes: "Numerous Chicago police blame the American Civil Liberties Union for the escalation in gun violence, even though there is no evidence the change to stop and frisk policies is responsible for more gang members shooting each other." 
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Chicago police officers. (photo: Jon Lowenstein/Noor/Redux)
Chicago police officers. (photo: Jon Lowenstein/Noor/Redu
umerous Chicago police blame the American Civil Liberties Union for the escalation in gun violence, even though there is no evidence the change to stop and frisk policies is responsible for more gang members shooting each other.
Calling it the “ACLU effect,” the Chicago Sun-Times reported street cops claim the “Chicago Police Department’s pact with the American Civil Liberties Union of Illinois to monitor police stops in greater detail is prompting officers to stop policing.” This has allegedly made it possible for criminals to murder and fueled a spike in violence.
The ACLU and the city of Chicago reached a settlement on stop and frisks in August of last year. It increased the amount of data an officer is required to record when making a stop, making the new form that must be filled out two pages instead of one.
Police are supposedly afraid they will get “in trouble for stops later deemed to be illegal,” as a judge will review the stops and issue a report in June. The officers claim the “new cards take too much time to complete.” (The forms are known as contact cards.)
Breaking this down, Chicago cops would have Chicagoans believe the paperwork is too time-consuming for them so they refuse to stop individuals they may have reason to believe are responsible for murders, which took place in January. On top of that, these same cops will not stop these dangerous people because they are afraid the information they put down will lead a judge to scold them for abusing their authority.
What makes this even more ludicrous is one sergeant, who works on the south side, contends officers are “hamstrung by the intense scrutiny over police practices” since video of Officer Jason Van Dyke killing Laquan McDonald was released last November.
It is all a bunch of hysteria intended to reverse a small level of accountability imposed upon officers within the past year.
Chicago is not a city, where officers have any reason to fear prosecutions for abusing their authority and conducting illegal stops. Officers should face repercussions for such misconduct, however, State’s Attorney Anita Alvarez runs an office that very rarely prosecutes officers who commit crimes. The Independent Police Review Authority (IPRA) in Chicago functions more as a body to exonerate officers than a body setup to independently pursue criminal complaints.
Prior analysis of stop and frisks in New York City indicated the tactic did not reduce shootings and help cops recover more guns. According to a 2014 report from the ACLU chapter of New York, “In more than 5 million stops, police recovered a gun less than 0.02 percent of the time. And as the NYPD ramped up the number of stops, shootings and murders in the city did not appear to correspondingly decline.”
New York police entered into a settlement with the city, and following the settlement, cops attempted to whip up similar hysteria. But there was no connection between spikes in crime and the reduction in stops.
“From 2011 to 2013, when the number of police stops dropped a precipitous 75 percent, the number of shootings and murders also dropped, by 29 percent. The city’s murder rate, meanwhile, fell to a historic low in 2013,” according to Huffington Post reporter Christopher Mathias.
The ACLU of Illinois showed in March 2015 police provided an “unlawful reason” or “failed to provide enough information to justify the stop” in half of the stops reviewed. Black Chicagoans were stopped at a disproportionate rate of 72% of the stops, even though they only make up 32% of the city’s population. This is what prompted the ACLU to pursue a settlement (though the organization did so without the full support of some key grassroots organizations in the community).
If one accepts the Chicago police’s excuse for why violence has escalated, they refuse to do work because there are more restrictions on who they can legally stop, and they object to this mild process to decrease racist policing of communities.
It also demonstrates that the Chicago police are engaged in a work stoppage similar to the one that occurred after Freddie Gray was killed by Baltimore police. The Intercept’s Juan Thompson reported on residents, who accused the police of “failing to do their jobs in the city’s roughest, most downtrodden neighborhoods.”
Many of Chicago’s “most downtrodden” live on the west and south sides, where violence has increased. The police are essentially making Chicagoans pay for protesting them in vast numbers over the past months. It also could be construed as their morally bankrupt way of showing solidarity with one of their own, Jason Van Dyke, who has been charged with the murder of McDonald. Certainly, they fear more of their fellow officers could face this kind of prosecution in the future if this climate, fueled by anti-police brutality actions, persists.
But local news organizations in Chicago should not peddle police propaganda, particularly when it allows police to inflict collective punishment on communities by sending a message that they will not protect those who challenge their conduct.
Plus, the interim police chief says the violence is “driven by gang conflicts and retaliatory violence.” Absent proof any of these murders were committed by individuals who believe police will no longer stop them because of the ACLU’s settlement, the refusal to do work should be viewed as a completely dangerous and contemptuous stunt to coerce city politicians into abandoning the moderate increase in scrutiny applied since video of McDonald was released.

The Lessons of Zapatista Women Activists for Today's Social Movements 
James Tracy, In These Times 
Excerpt: "Hilary Klein was a young activist who spent much of the 1990s working in Zapatista communities." 
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Erin Brockovich Sounded the Alarm on Flint a Year Ago - Why Didn't Anyone Listen? 
Tessa Stuart, Rolling Stone 
Stuart writes: "Over a year ago - nine months after the city of Flint, Michigan, began sourcing its water from a polluted local river, and 10 months before the national media began paying any attention to the crisis unfolding there - Erin Brockovich was sounding alarm bells." 
READ MORE


Wednesday, January 6, 2016

RSN: Bernie Sanders | This Is Not Democracy. This Is Oligarchy, Wall Street Taking Over Nonprofit Sector, Judge: Emanuel Administration Lawyer Withheld Evidence About a Fatal Police Shooting in Chicago




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Bernie Sanders | This Is Not Democracy. This Is Oligarchy.
Bernie Sanders. (photo: Arun Chaudhary)
Bernie Sanders, Reader Supported News
Sanders writes: "The Koch brothers are the second-wealthiest family in America worth $82 billion. For the Koch brothers, $82 billion in wealth apparently is not good enough. Owning the second-largest private company in America is apparently not good enough. It doesn't appear that they will be satisfied until they are able to control the entire political process."
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“I like to give on a scale where I can see impact...” - David Koch

arlier this year, a number of Republicans flew to California to make fundraising pitches to more than four hundred wealthy conservative donors attending a private conference hosted by the Koch brothers.
It’s worth taking a moment to ask the question, who are the Koch brothers, and what do they want?
The Koch brothers are the second-wealthiest family in America worth $82 billion. For the Koch brothers, $82 billion in wealth apparently is not good enough. Owning the second-largest private company in America is apparently not good enough. It doesn’t appear that they will be satisfied until they are able to control the entire political process.
This issue isn't personal for me. I don't know the Koch brothers, but I do know this. They have advocated for destroying the federal programs that are critical to the financial and personal health of middle class Americans.
Now, most Americans know that the Koch brothers are the primary source of funding for the Tea Party, and that’s fine. They know that they favor the outright repeal of the Affordable Care Act, and that’s their opinion. It’s wrong, but that’s fine as well.
But it is not widely known that David Koch once ran for Vice President of the United States of America on the Libertarian Party ticket because he believed Ronald Reagan was much too liberal. And he ran on a platform that included the following:
  • “We favor the repeal of the fraudulent, virtually bankrupt and increasingly oppressive Social Security system.”

  • “We favor the abolition of Medicare and Medicaid programs.”

  • “We support repeal of all laws which impede the ability of any person to find employment, such as minimum wage laws…”

  • “We support the eventual repeal of all taxation.”
In 1980, David Koch’s presidential ticket received one percent of the vote from the American people. And rightly so. His views were so extreme they were rejected completely out of hand by the American people.
But fast forward almost thirty-six years, and one of the most significant realities of modern politics is just how successful David Koch and the like-minded billionaires attending his retreat have been at moving the Republican Party to the extreme right. The ideas above that were dismissed as downright crazy in 1980 are now part of today’s mainstream Republican thinking.
The Koch brothers, and billionaires like them, have bought up the private sector and now they’re buying up the government. It’s up to us to put a stop to them, but it will require all of us standing together with one voice on this issue.
Your donation to our campaign today is a contribution towards the dismantling of a corrupt system of campaign finance held in place by the Koch brothers and their billionaire friends:
Here’s the truth: The economic and political systems of this country are stacked against ordinary Americans. The rich get richer and use their wealth to buy elections, and I believe that we cannot change this corrupt system by taking its money. If we’re serious about creating jobs, health care for all, climate change, and the needs of our children and the elderly, we must be serious about campaign finance reform.
So far in this election, less than four hundred families have contributed the majority of all the money raised by all the candidates and super PACs combined. According to media reports, one family will spend more money in this election than either the Democratic or Republican Parties.
This is not democracy. This is oligarchy.
Our job is not to think small in this moment. The current system of campaign finance in this country is utterly corrupt. That is one of the reasons I am so proud of how we have funded our campaign — over 2.5 million contributions from working Americans giving less than $30 at a time. But our campaign is unique.
We must pass a constitutional amendment to overturn Citizens United, and I will not nominate any justice to the Supreme Court who does not make it abundantly clear that she or he will overturn that decision. We need legislation that requires wealthy individuals and corporations who make large campaign contributions to disclose where their money is going. And more importantly, I believe we need to move towards the public funding of elections.
Our vision for American democracy should be a nation in which all people, regardless of their income, can participate in the political process, can run for office without begging for contributions from the wealthy and the powerful.
Tomorrow afternoon I’ll be in New York City to deliver a major speech about our need to create a financial system that works for all Americans, not just the few. I’ll be in touch shortly after. I hope that you’ll keep an eye on your inbox for my message.

Judge: Emanuel Administration Lawyer Withheld Evidence About a Fatal Police Shooting in Chicago 
Sarah Kaplan, The Washington Post 
Kaplan writes: "For four years, Officer Raoul Mosqueda offered the same account of the January night when he shot and killed a man during a traffic stop on Chicago's South Side." 
Chicago mayor Rahm Emanuel. (photo: Joshua Lott/WP)
Chicago mayor Rahm Emanuel. (photo: Joshua Lott/WP)


or four years, Officer Raoul Mosqueda offered the same account of the January night when he shot and killed a man during a traffic stop on Chicago’s South Side.
Mosqueda and his partner, Gildardo Sierra, heard over their police car radio that officers were looking for an Oldsmobile Aurora involved in a shooting. A gun could be inside the car, the dispatcher warned. They saw a similar vehicle and instructed it to pull over; then the officers approached the two men inside, guns drawn. There was a confrontation, the car backed up and began to drive away, and Mosqueda opened fire, killing driver Darius Pinex.
For four years, the evidence that could have verified or refuted that account — a recording of the dispatch from that night — was nowhere to be found. Attorneys for the city said the recording didn’t exist, even as a wrongful-death lawsuit brought by Pinex’s family went to trial.
Then, in late February, too late for attorneys for the Pinex family to adjust their case, it emerged that an attorney for the city had the recording after all but waited more than a week before telling the Pinex family. A federal jury ultimately found that Mosqueda and Sierra were justified in the shooting.
But on Monday, a federal judge ruled that the lawyer, senior attorney for the city Jordan Marsh, intentionally hid evidence that could have changed the outcome of the case. The Oldsmobile described by the dispatcher had a different temporary license plate number than the one driven by Pinex. And the dispatcher in the recording made no mention of a shooting or a gun in the vehicle — the reason Mosqueda gave for approaching the car with his gun drawn.
“After hiding that information, despite there being numerous times when the circumstances dictated he say something about it, Marsh said nothing and even made misleading statements to the Court when the issue arose,” U.S. District Judge Edmond Chang wrote, reversing the federal jury’s decision and calling for a new trial in the case brought by Pinex’s family.
Marsh resigned just hours later, according to the Associated Press.
Chang’s ruling comes as the administration of Mayor Rahm Emanuel is roiled by outrage over its handling of the fatal police shooting of 17-year-old Laquan McDonald in October 2014. For more than a year, the administration resisted efforts to have dash-cam video of the confrontation released. Meanwhile, emails between the mayor’s office, police and the group that investigates police shootings that were released last week show close coordination between the agencies over how to deal with the public relations problem posed by the graphic footage, according to the Associated Press.
Emanuel has apologized for the shooting and fired Police Superintendent Garry F. McCarthy after video of the McDonald shooting was released. Emanuel also pledged to eliminate the “cone of silence” around police conduct.
“No officer should be allowed to behave as if they are above the law just because they are responsible for upholding the law,” he told the Chicago City Council in December. “Permitting and protecting even the smallest acts of abuse by a tiny fraction of our officers leads to a culture where extreme acts of abuse are more likely, just like what happened to Laquan McDonald.”
Even so, Emanuel and other city officials are now facing accusations of a coverup and calls for Emanuel to resign.
Corporation Counsel Stephen Patton — Chicago’s top legal officer who handles civil claims against the city — told the Chicago Tribune on Monday that the city is doubling down on its efforts to train lawyers on producing records. He also challenged the notion that there are widespread accountability or transparency problems in how the city deals with such cases.
“To say this is a practice, a systemic abuse or part of a coverup, there’s just no evidence of that,” Patton said. “There’s nothing in the ruling to support it.”
But the ruling in the Pinex case is yet another blow to public trust in the city as it copes with the fallout from a series of fatal police shootings.
Marsh had admitted in the middle of the trial, away from a jury, that he failed to turn over a recording of the dispatch that the officers heard, according to Chang’s ruling. He also gave conflicting stories to a judge about when he first learned of the recording’s existence and why he didn’t tell the plaintiffs about it sooner.
In addition to overturning the February decision in the case, Chang imposed sanctions against Marsh and the city, ordering that they pay the plaintiffs’ legal fees.
“Attorneys who might be tempted to bury late-surfacing information need to know that, if discovered, any verdict they win will be forfeit and their clients will pay the price,” Chang wrote. “They need to know it is not worth it.” Click here for more information!
Chang also found that Marsh’s co-counsel, city attorney Thomas Aumann, failed to make a reasonable effort to find the dispatch recording; he blamed the law department, which defends city employees who are accused of wrongdoing, of poor oversight and lax training that contributes to problems like the one in case about Pinex’s fatal shooting.
The law department announced that Marsh would be resigning Monday, saying that it “does not tolerate any action that would call into question the integrity of the lawyers who serve” Chicago and that it would be reviewing its training and evidence gathering procedures, according to the Associated Press.
The city has spent $460,000 on outside lawyers since the issue first came up, according to the Tribune.
This is the second time in the past year that Chang has sanctioned Chicago’s law department for its handling of a police-misconduct case. In May, he ordered a new trial for Jonathan Hadnott, who alleged that plainclothes police officers falsely arrested him and illegally searched his parents’ home in 2006. Officers said they had no recollection of stopping Hadnott and hadn’t filled out a “contact card” about the incident, according to Salon.com. There was evidence that police had run Hadnott’s name through a database that day, but city lawyers said it would have taken too long to do that and search his parents’ home in the time described.
“It is physically — it is impossible in a space and time continuum to do this,” city lawyers argued, accusing Hadnott of engaging in “outrageous lies,” according to Salon.
But after Hadnott’s trial, city lawyers revealed that it takes only a few seconds to search the police database, undermining their own argument in the case. Hadnott was granted a new trial.
Speaking to the Chicago Tribune about the Pinex case, Steve Greenberg, an attorney representing the slain man’s family, said the ruling raises questions about how Chicago police officers are held accountable by the city.
“There’s just a total disregard for the truth, and it runs to the highest levels,” Greenberg said. “There is a culture to cover up and win at all costs.”
In his ruling, Chang said that he understood that the law department was pressed for time and resources to deal with discovery requests. But that’s all the more reason to develop better policies for training lawyers on how to find and interpret records preserved by police, he said.
“Failing to do so will cost even more in the long run,” Chang wrote. “Not just in dollars.”
http://readersupportednews.org/news-section2/318-66/34451-judge-emanuel-administration-lawyer-withheld-evidence-about-a-fatal-police-shooting-in-chicago

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