Monday, April 28, 2008

News and Activity Regarding Tyendinaga

Updates about the recent confrontations at Tyendinaga and Six Nations - i apologize for not posting about this yesterday.

Readers in Toronto should note the emergency rally planned for tomorrow.


--------------------------------------------------------------------------------------------
Update: Tense Standoff Continues in Tyendinaga Mohawk Territory
Shawn Brant Arrested on Trumped-Up Charges Once Again
--------------------------------------------------------------------------------------------

**please note that circumstances on the ground continue to change constantly, so full updates are not possible at this time **

DETAILS FOR TORONTO SUPPORT DEMONSTRATION BELOW: COME OUT ON TUESDAY, APRIL 29, 2008 AT NOON TO 720 BAY STREET

After a tense exchange this morning, in which the OPP informed Mohawk spokesperson Jason Maracle to get people out of the area or they would come in, the OPP instead disbanded a Mohawk roadblock erected on the perimetre of the reclaimed quarry site. This psychological warfare on the part of the police resulted in a tense face-off between the OPP and community members. At present, the OPP has removed one of the roadblocks on the Slash Road and pulled back, but remains present in the direct vicinity of the quarry in great numbers. At the centre of the dispute is the Culbertson Tract, land which rightfully belongs to the Mohawks of Tyendinaga. Community members have been occupying a gravel quarry site for over a year.

In addition, a blockade of Highway 6, taken in support of the Tyendinaga Mohawks, continues by people of the Six Nations of the Grand River Territory. Six Nations community members have said they will remove the Highway 6 bypass blockade once they receive confirmation the OPP have withdrawn from the Mohawks of Tyendinaga. The road is now barricaded with a downed hydro tower, wires and a telephone pole.

Important to note is that, despite the reporting in mainstream press, Mohawk spokesperson Shawn Brant's arrest on Friday, April 25th stems from an incident which took place on Monday April 21st. Specifically, Shawn Brant has been charged for his role in allegedly preventing further attacks on a woman from Tyendinaga and a young child by racist rednecks from the town of Deseronto.

These new charges were laid less than two weeks after Shawn Brant was acquitted of charges alleging that he threated Canadian Forces soldiers during a demonstration to prevent development of the Culberston Tract in 2006.

Once again, for his role as a spokesperson in the community, Shawn Brant is facing trumped-up charges. Arrested during an interview he was conducting with APTN, Shawn's final words during his arrest on Friday were "This is it, justice for first nations communities: lock us up. Anybody who speaks out, lock-em up. KI6, Bob Lovelace: lock-em up...Don't fix the problems, lock-em up." (to watch, click on http://www.aptn.ca/streaming/index.php?wmv=friday/six)

Supporters rushed to the quarry after watching or hearing of Shawn's arrest. An altercation with the OPP is alleged to have ensued. Four Mohawks were then arrested and jailed. The OPP were reported to have drawn their guns on the Mohawk community members remaining the quarry.

According to Mohawk spokesperson Jay Maracle, "The OPP led us into this incident by jumping five of our men, arresting them and taking them to jail and then sticking guns in our faces, in women and children's faces," he said.

There has been open communication between the Mohawks and the OPP but Maracle said things will not improve unless OPP retracts a statement indicating there are armed Mohawks at the quarry. He said there are no guns at the site.

Matt Kunkel, Clint Brant, Dan Doreen, and Steve Chartrand remain in custody and will appear in bail court in Napanee today. The group includes Dan Dorene, spokesperson for the Mohawk blockade on Highway 2 one week ago, erected to prevent development on the Culberston Tract, land which rightfully belongs to the Mohawks.

A couple from the community who were also arrested by the OPP on Friday were later were released unconditionally.

Shawn Brant will also likely appear in court today.

This brings the total number of First Nations people in Ontario jails for defending their land to 12.

------------------------------------------------------------------------------------------

On April 27, members of the CUPE 3903 First Nations Solidarity Working Group conducted a video interview with a spokesperson from Six Nations regarding the blockade of Highway 6 in Solidarity with the Mohawks of Tyendenaga. On the Upping the Anti site.

------------------------------------------------------------------------------------------


EMERGENCY RALLY: TORONTO

TOMORROW: Tuesday, April 29th
12 noon

Ministry of the Attorney General
720 Bay Street
(Bay, just north of Gerrard, eastside)

OPP back off!
Free all First Nations Political Prisoners Now!
Hands off Stolen Land: Return the Culbertson Tract to the Mohawks of Tyendinaga!

---------------------------------------------------------------------------------------------------------------------

Please continue to call the premier's office and urge the Provincial Government to:

Honour Mohawk land, call off the OPP: Do not risk people's lives for a gravel pit the government has already acknowledged is on Mohawk land!

Release all First Nations political prisoners!

Premier Dalton McGuinty: 416-325-1941 (phone)
416-325-3745 (fax)
dmcguinty.mpp.co@liberal.ola.org

---------------------------------------------------------------------------------------------------------------------
Sunday Press Release from TMT:

FOR IMMEDIATE RELEASE:
FROM TYENDINAGA MOHAWK TERRITORY:

Ontario Jails Five More First Nations People Involved in Land Struggles

(Sunday, April 27, 2008 -Tyendinaga Mohawk Territory) Five men from Tyendinaga are in jail today bringing the total number of First Nations people in Ontario jails for defending their land to 12.

Ontario, it appears, has opted for the incarceration of First Nations people over the resolution of outstanding land issues as their status quo.

As for the Ontario Provincial Police, it appears the adoption of Justice Linden's Ipperwash Inquiry recommendations is experiencing some delay. While in custody at the Napanee Detachment several different officers repeatedly informed Shawn Brant that they were going to "slit his throat" and that he was a "dead man."

This followed a similarly disturbing incident that occurred on Monday, April 22nd during the road closures in Deseronto when an officer on the scene clearly and audibly commented to her colleagues "we should just shoot them (Mohawks) all."

Meanwhile, road closures continue in Tyendinaga and Six Nations until, as one man said, "We finish the job."

Contact: Jay Maracle: 613-243-4993

- 30 -



Saturday, April 26, 2008

OPP attacks Mohawk Protest at Tyendinaga


Pig yelling at observers as he and pals wrestle protester on the ground

Lots of news about the unfolding confrontation between Ontario Provincial Police and the Mohawks of Tyendinaga - this is a series of different pieces, several from the colonial media:



Friday, April 25, 2008

Cuba! Art and History from 1868 to Today: some impressions




It had been a good fifteen years since i had gone to the Montreal Museum of Fine Arts, the previous time having been when my grandmother visited from overseas. This was not without some regret on my part, looking at pretty pictures and learning about different folks who drew or painted them being something i think i'd enjoy, but still i don't go - partly it's a lack of time, partly it's just not something i ever think of when i do have a spare day.

When i walked by the museum last week i saw this big poster for the Cuba! Art and History from 1869 to Today exhibit and thought "that looks interesting," but by for the aforementioned reasons had stopped thinking about it by the time i got to Peel. But then by happy coincidence one of our houseguests mentioned he had heard of this very exhibit - apparently the largest collection of Cuban works ever displayed outside the country - and wanted to go while he was in town, so a plan was struck and when half-price Wednesday evening rolled around, off we set.

Simply in the hopes of not forgetting it all by this time next year, here's what i thought.



Thursday, April 24, 2008

The Only Good Thing About Hockey



Do you like hockey?

i don't. Never have.

Memories of "playing" it as a child stall at about age ten. All i have is images of rainy days when the school didn't want us kids getting too dirty we all got shoved into a gym with these ridiculous plastic hockey sticks (like they would bend, and stay bent) and "play". i feel nauseous just thinking of it today.



Wednesday, April 23, 2008

Blockades & Police Raids at Tyendinaga

The following two reports from Mohawk Nation News:

ONTARIO PROVINCIAL POLICE INVADE PEACEFUL MOHAWKS AT TYENDINAGA. ANOTHER CALEDONIA STYLE DEVELOPER "CASHOUT" SCAM

* View
* Track

April 22, 2008 - 9:37pm — Gary

Two reports from MNN below...

MNN. Mon. April 21, 2008. Attacks on Indigenous people continue. Canada isn't satisfied to waste billions of dollars a year on war missions overseas. It's using the same armored fist at home. Today the town of Deseronto on Tyendinaga Mohawk Territory was surrounded by the armed forces of the Ontario Provincial Police. Deseronto is an illegal nonnative enclave.

With eyes wide open, Emile and his father Theodore Nibourg of Napanee Ontario, who own the "Smiling Wilderness Restaurant" on the TransCanada Highway, decided they wanted to build a $35 million condominium on Mohawk land in Deseronto overlooking the Bay of Quinte. Never mind that they don’t own the land, Canada refuses to acknowledge Indigenous property rights. The Nibourgs are real estate developers of commercial and residential properties out of Kingston Ontario. They are fully aware of the Culbertson Land dispute which has been the focus of negotiations between the federal government and the Mohawks since 1995. [Nibourgs at cell 6135610984 fax 6135447868 enibourg@sutton.com.

Last year the Thurlow Aggregates Quarry Site run by Tim Letch of Intergrorup Finance of Kingston was shut down by the Rotiskenekete. There was evidence of extensive illegal dumping including large amounts of asphalt. Not only was the dumping illegal it also violated environmental protection laws by contaminating ground water with toxic waste. Tim Letch was involved in some way in the condo development. The Nibourgs appeared to have pushed Tim Letch out of the picture.

In a press release from the Sadie’s Lane Longhouse at Tyendinaga supporting the occupation, according to the Two Row Wampum agreement, they said that, “It’s our land and we are prepared to help defend it”. [Contact Jan Hill 6133966742 janh@fnti.net].

A Rotiskenekete said, “We are prepared to stay as long as necessary to defend our land. Mr. Nibourg or anyone else trying to develop our land in Deseronto better think again”. The peaceful encampment is on a large grassy knoll, overlooking the Bay, surrounding a large tipi. The full moon was glistening off the water. There was drumming, singing and good humor. Flashing Rotiskenekete patrol cars ringed the encampment. According to the OPP budget plan, they need to find some Mohawk fall guys to arrest to illegally enforce their foreign laws. Everybody except us cashes in - police doing overtime, justice system, Indian Affairs, bureaucrats, media, the town, and maybe the developer. All because they know we will do what we are supposed to do, defend our land!

This morning at 5:00 am an overwhelming force of armed OPP are “just monitoring” the situation. The Mohawks of Tyendinaga camped on the property last night. This morning they set up blockades on highway 2 just east of Deseronto. “They’ve got East and West bound roads blocked”, said Constable Jackie Perry of Napanee provincial police. He said vehicles can go north on Deseronto Road at the T-intersection. On April 11th the Nibourgs had started cutting trees on the property. The Rotiskenekete appeared on the scene, stopped them and told them to leave. Nibourgs seem to think that the OPP is their private army. Ignoring the legal rights of the Mohawks at Tyendinaga, they declared, “If you Mohawks don’t leave, we are going to call the OPP and have you kicked out”. He appeared to be setting up a confrontation.

A few days later Nibourg decided to apologize and asked for a meeting with the Rotiskenekete. Obviously, he had his eye on the lucrative pay out received by Henco Inc. for their illegal development at Six Nations Caledonia. He was quite blunt about it. He offered to use them as pawns to extort money from the Ontario Government. He asked the Rotiskenekete to occupy the said land and block the roads in order to escalate the situation. Then he would ask the government to pay him for the land, his expenses and his forecasted profits. Then he would agree to stop the construction. We understand he doesn’t even need the money to build this because he’s planning to be bought off.

Regarding Deseronto, the government violated our lands rights by fraudulently giving out permits for nonnative people to build on our land also referred to as the Culbertson Tract of 1873. The Rotiskenekete told Nibourg, “No. There will never be a development on our land”. We want our land that Deseronto sits on returned to us. We demand that the government deal with the nonnative residents of Deseronto by compensating them and paying for their relocation. They told Nibourg, “You will be the last to be dealt with”. The Rotiskenekete added, “We don’t want to be used as a tool for extorting money from any foreign governments, including the governments of Canada and Ontario”.

Then Nibourg said that he would be back with a construction crew on Monday, April 21st, to start building. The Mohawks have stopped construction, are occupying our land and have blocked the roads to keep him and any of his coconspirators away from creating another "Caledonia" so they can cash in big! Supporters of the Mohawks are welcome. Residents may pass through the occupation without hindrance. We are anxious that everybody understand this issue from the Mohawk perspective.

The Rotiskenekete will carry out the peace and the tenets of the Kaianereh?ko:wa [Great Law of Peace].

Contact: Rotiskenekete: 6138491314; 6138274991;
email davidrmaracle@aol.com

Kahentinetha Horn
MNN Mohawk Nation News

UPDATE: OPP BRINGS IN RIOT SQUAD AND SWAT TEAM.
MOHAWKS OF TYENDINAGA RETREAT TO QUARRY
OPP CLOSE PERIMETER AT 9:00 A.M. TUESDAY APRIL 22, 2008

OPP USING CHILDISH VIDEO GAME TACTICS

300 RIOT SQUAD IN FULL GEAR, SHIELDS, ARMS AND
ALL. ANOTHER 80 TO 100 OFFICERS IN "GHOST CARS"
AND "MARKED AND UNMARKED" CARS.

REAL ESTATE AGENT EMILE NEIBOURG STAYS AWAY.

Choppers flying overhead. Low flights over our heads at Culbertson Track and the quarry. On the water there a dozen OPP surveillance boats. Six Nations Rotiskenekete have just shut down the court house in Brantford, Ontario Kenny Hill 5192093849.

BACKGROUND
MNN. Apr. 22, 2008. Last night the nonnative Deseronto squatters, whose town is on Tyendinaga Mohawk land along the Bay of Quinte, made human chains along the road leading up to the demonstration. They held up signs for the Mohawks to see, with messages, like "power to people [themselves]" "Remove your masks" and "You are a disgrace to your race". Pictures available. Are they copying us or what? They get the tactics but not the principle.

Band council chief R. Don Maracle distanced himself from the blockaders saying ""Blockades are not the way to settle land claims. People need to understand that it takes time to resolve these issues. They need to remain calm to allow [me] to negotiate peacefully in a climate that is not hampered by protests and blockades", he told the local radio station.

R.Don Maracle would be right except for two things. One, a negotiator needs to be picked by the people for the purpose. You can't assume the right to negotiate because you've been elected to a colonial band council office who function on colonial capitalist brains.

Two, negotiations have to be in public to meet the requirements of both Haudenosaunee Law and international law. Agreements cannot be the result of the informed consent of the people if the people have not been informed. In camera closed door negotiations are not legitimate.

The land in question is the Culbertson Track of 1832 which was never given up. The Ontario government knows full well that there's a problem with squatters on the Tract since 1832. How long do they expect us to wait for them to uphold the law.

The roads trespass on our land. It's our land. It's our business where we stand on it. The OPP, the squatters, the trucks carrying toxic waste to the quarry and the construction crews are all trespassers. The illegal colonial governments and agents defame us by accusing us of saying we're the law breakers instead of doing their duty to protect us from their unruly law breaking people. Why are the cops breaking the law?

The squatters roamed around all night shooting verbal threats left, right and center, "You better take down your blockade or else!", with the OPP standing behind them probably setting them up and urging them along. The OPP are following the same "Whiskey Trench" tactics used by the SQ during the Mohawk Oka Crisis of 1990 at Kanehsatake and Kahnawake. They're just standing there watching as their citizens break the law. By doing this they are encouraging them to act like rabble.

What needs to happen in a proper democracy is that the legal rights and principles have to be set out and recognized by all responsible parties. In keeping with the requirements of both international law and the Great Law of Peace/Kaianereh'ko:wa, we have set out our rights. The British Crown agreed to recognize and protect our right to our land on the Culbertson Tract. Ontario has not set out its rights. It has provided no legal authority for its claims. Instead it's using armed force to support those who would violate the law. This is totally dishonorable behavior. This isn't the 19th century anymore. When are Canadians going to leave colonialism behind? It''s been formally recognized as illegal for almost a century now.

They should know by now that their strong arm strategy to wear us down and scare us into submission by defaming us and our ancestors just won't work. We have been unwavering since the time of first contact. We never agreed to be British subjects. We never became Canadian citizens. We never agreed to accept the injustices that have been visited upon us. We will continue to ask questions about their illegal actions. We will overcome this nonsense.

The Rotiskenekete did take down some of the blockades last night in good faith as we feel we had made our point about the fraud that is taking place. The condominium construction on the Bay of Quinte is illegal. Ontario should stop feeding into the scam artists who are trying to use us to extort cash pay outs out of them. They should simply uphold the law and evict the squatters. Succumbing to these tactics is unfair to Ontario tax payers.

When the Deseronto squatters started attacking us, it was left to the Mohawks to defend ourselves and our land by putting the blockades back up. The OPP should have been cooperating with these efforts to ensure the safety of everyone.

The OPP came in yesterday morning and set up a perimeter further out. This morning at 8:00 am they moved closer.

The OPP came to every area where there was a Mohawk blockade pushing threats from OPP Headquarters that they are ""coming in"" and ""taking us out"". Constables Ron Van Straalen and C. Flynn of the OPP at Napanee Detachment are in charge [6133543369, Fax 6133549183]. We had 4 sections blocked. The roads are open, #2 highway going through Deseronto to Napanee.

Emile Neibourg, the real estate agent created this situation. He is trying to extort a pay out from Ontario by threatening to build condos on our land. Caught on video was the police saying, "We know that he created this to deal with this land issue". Then he can help Canada say, "We don't have any money to pay the Mohawks for the disruption of their land, or to relocate the Deseronto squatters. We gave it all to Mr. Neibourg. The OPP has become a tool of corporate corruption. They''ve been turned into a private army of the opportunistic scumbags who will stop at nothing to line their pockets.

To our brothers and sisters, ""We need help. Pressure the OPP and the governments of Ontario and Canada to stop the violence and stop the corruption on sovereign independent people. Nobody has spoken to us. They just came in and attacked. Is this the new OPP protocol? These OPP look like they are itching to converge on us at the quarry and take us out. They want to try out their new Faschist Fantino tactics. Their ultimatum is, "get out of here!!" They know we are right. They refuse to talk to us. Ontario citizens should be asking why their government is letting itself be used for this organized thuggery.

Rotiskenekete 6138491314 –– 6138274991 email davidrmaracle@aol.com
OPP Eastern Regional Headquarters 6132844500 fax
6132844597 lg.beechey chief supt. Commander, Eastern Region, Smiths Falls.
MBQ R. Don Maracle, 6133963089, CELL 6133919249
RDONM@MBQTMT.ORG 6133963424 ext. 106 info@mbqtmt.org
Jan Hill 6133966742
Emile Neibourg 6135610984 fax 6135447868 enibourg@sutton.com



Sunday, April 13, 2008

What's Up With Mumia



The following is the legal update posted at Philly IMC:

Mumia Abu-Jamal legal update

by Lead Attorney Robert R. Bryan | 04.12.2008

This Legal Update is made on behalf of my client, Mumia Abu-Jamal, who remains on Pennsylvania’s death row. Many people have inquired as to our reaction and position concerning recent legal developments, and what will happen now.

This Legal Update is made on behalf of my client, Mumia Abu-Jamal, who remains on Pennsylvania’s death row. Many people have inquired as to our reaction and position concerning recent legal developments, and what will happen now. This should answer many of those questions and alleviate some of the confusion.

U.S. Court of Appeals for the Third Circuit, Philadelphia
As widely reported in the media, the U.S. Court of Appeals issued its long-awaited decision on March 27, 2008. (Abu-Jamal v. Horn, Nos. 01-9014, 02-9001, 2008 WL 793877 (3rd Cir. 2008).) Mumia and I had legal conferences that day, and we have been in frequent contact since including a death-row meeting earlier this week and a discussion this evening. We view the opinion of the three-judge panel as a mixed bag with some good, some very wrong, and a remarkable dissenting opinion by a judge on racism that gives us great hope for eventual victory.

A new jury trial has been ordered by the federal court on the question of whether Mumia should be sentenced to life or death, due to the trial judge’s unconstitutional and misleading instructions to the jury. It is a positive step in any capital case when a court finds that the death penalty was wrongfully imposed. Mumia is pleased with this part of the ruling because it could help others on death rows across the U.S. The prosecution now has various options including seeking reconsideration by the federal court and petitioning the U.S. Supreme Court to have the death sentence remain intact.

It was a great disappointment that the federal court rejected our quest for a reversal of the conviction and a new trial on the question of guilt and innocence. To say that Mumia and I are unhappy with this would be an understatement, for the decision flies in the face of the United States Constitution and case precedent. The facts are that the prosecutor did engage in racism during jury selection, and made a false and misleading argument to the jury which turned the concept of reasonable doubt and presumption of innocence on its head. The trial judge was biased and bigoted, even stating in reference to my client that he was “going to help'em fry the nigger.” Unfortunately the court used against Mumia the failings of the lawyers who represented him in state post-conviction and federal habeas corpus proceedings. Their mistakes should not serve as an excuse to rationalize away the fundamental constitutional violations that occurred in this case.

The silver lining of this ruling is that Judge Thomas L. Ambro wrote a 41-page dissent on the racism-in-jury-selection issue. This brilliant opinion began:

Excluding even a single person from a jury because of race violates the Equal Protection Clause of our Constitution. See Batson v. Kentucky, 476 U.S. 79, 84-86, 99 n. 22, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). This simple justice principle was reaffirmed by our Supreme Court this past week. Snyder v. Louisiana, No. 06-10119, 2008 WL 723750, at *4 (Mar. 19, 2008).


Justice Ambro concluded that everyone

is entitled to a fair and impartial trial by a jury of his or her peers. As Batson reminds us, “[t]he core guarantee of equal protection, ensuring citizens that their State will not discriminate on account of race, would be meaningless were we to approve the exclusion of jurors on the basis of . . . race.” Id. at 97-98. I fear today that we weaken the effect of Batson by imposing a contemporaneous objection requirement where none was previously present in our Court's jurisprudence and by raising the low bar for a prima facie case of discrimination in jury selection to a height unattainable if enough time has passed such that original jury records are not available. In so holding, we do a disservice to Batson. I respectfully dissent.


Shortly before the decision, we brought the Snyder decision to the attention of the federal court in a Notice of Supplemental Authority. I wrote on March 23, 2008:

In Snyder v. Louisiana, ___ U.S. ___, 2008 WL 723750 (Mar. 19, 2008), the judgment of the Louisiana Supreme Court was reversed with the United States Supreme Court holding that the trial court should have disallowed a peremptory challenge based upon race because it violated Batson v. Kentucky, 476 U.S. 79 (1986). Justice Alito, in writing for the majority, reaffirmed that evidence of discriminatory intent should be taken from a broad array of factors. Citing Miller-El v. Dretke, 545 U.S. 231, 239 (2005), he pointed out that “in considering a Batson objection, or in reviewing a ruling claimed to be Batson error, all of the circumstances that bear upon the issue of racial animosity must be consulted . . .” Snyder underscores the point made by Appellee and Cross-Appellant, Mr. Abu-Jamal, urged in oral argument on May 17, 2007, and in briefing, that the existence of a prima facie Batson claim depends upon, inter alia, the connection between race and the pattern of strikes, the nature of the case, comments made during jury selection, and the time and place of the trial. Brief of Appellee and Cross-Appellant, Mumia Abu-Jamal, July 26, 2006, at 17-46; Fourth-Step Reply Brief of Appellee and Cross-Appellant, Mumia Abu-Jamal, Oct. 23, 2006, at 11-58.


The high court also reiterated that “the Constitution forbids striking even a single prospective juror for a discriminatory purpose.” Snyder v. Louisiana, 2008 WL 723750 at *4 (quoting United States v. Vasquez-Lopez, 22 F.3d 900, 902 (C.A.9 1994)). This too was pointed out in oral argument and briefing. Brief of Appellee and Cross-Appellant, Mumia Abu-Jamal, supra, at 41-42. Finally, the case recognized that an "inference of discriminatory intent" is supported when the prosecution's proffered reasons for striking African Americans do not apply even-handedly to non-African Americans. Snyder v. Louisiana, 2008 WL 723750 at *8. Again, this point was presented in oral argument and our briefing. See, e.g., Brief of Appellee and Cross-Appellant, Mumia Abu-Jamal, supra, at 32-36.

The "Mumia Exception"
The latest denial of a new trial to Mumia has been referred to as part of the “Mumia Exception.” David Lindorff, a noted investigative journalist and author of Killing Time: An Investigation into the Death Row Case of Mumia Abu-Jamal, wrote in the Philadelphia Inquirer on April 2, 2008, that the “courts have altered the rules just to keep Abu-Jamal on course for death.” What Professor Linn Washington earlier dubbed the “Mumia Exception”, could not have been more on target.

Reaction of the District Attorney of Philadelphia The District Attorney appeared livid that the federal court had ordered a new penalty-phase jury trial. At a press conference on March 27, 2008, the day of the decision, she vowed that her office will continue pursuing the execution of my client. Sadly, the prosecution could not resist distorting the truth as it has from the outset over a quarter of a century ago. The DA falsely said that the court “finally decided in its wisdom . . . that Mr. Jamal was guilty.” That is not what the U.S. Court of Appeals found and is nonsense; there was no retrial or verdict. That is not what appellate courts do. Rather, the federal decision dealt with issues of law and procedure. The prosecution’s suggestion that my client was found “guilty” of anything on appeal is absurd and patently false.

Where we go from here
The dissent of Justice Ambro is a light in the darkness, a roadmap as to where we go from here. On April 9, 2008, the U.S. Court of Appeals granted my 45-day Motion for Extension of Time To File Petition for Rehearing and Rehearing En Banc. The rehearing petition, now due on May 27, 2008, will be seeking review of the case by all the judges in the Third Circuit. The basis will be that “the panel decision conflicts with a decision of the United States Supreme Court or of the court to which the petition is addressed and consideration of the full court is therefore necessary to secure uniformity of the court’s decisions,” and, “the proceeding involves one or more questions of exceptional importance”. (Fed. R. App. P. 35(b)(1).) If unsuccessful, we will proceed to the Supreme Court.

Conclusion
The issues in this case concern the right to a fair trial, the ongoing struggle against the death penalty, and the political repression of a courageous author and journalist. Based upon three decades of successfully litigating murder cases involving the death penalty, I am convinced that we can win an acquittal upon a new jury trial. My goal is his acquittal upon retrial. I intend to see Mumia go home to his family. I will not ret until that occurs.

Mumia is still on death row and in great danger. His life is hanging in the balance. We must remember that racism, fraud, politics, and unfairness are threads that have run through this case since the beginning. As reflected by the comments at its recent press conference, the prosecution has learned little from its shameful behavior in this case. The misconduct continues, and the prosecutorial wrongs of the past are thus visited on the present.

Finally, we are grateful for all those who do so much to bring the injustice in this case to public attention, whether it be through demonstrations, writing to newspapers, meetings, or circulating information on the Internet. This is all important. We are of one voice in this campaign for justice: Free Mumia!

Yours very truly,

Robert R. Bryan

Law Offices of Robert R. Bryan
2088 Union Street, Suite 4
San Francisco, California 94123-4117

Lead counsel for Mumia Abu-Jamal
RobertRBryan@aol.com



[Tadamon] Confronting Israeli Apartheid in Montreal: Activists disrupt Israeli Ambassador to Canada



The following from the tadamon blog:
Confronting Israeli Apartheid in Montreal: Activists disrupt Israeli Ambassador to Canada

Montreal, Wednesday, April 9th, 2008: Israel's Ambassador to Canada, Alan Baker, was humiliated by demonstrators at the posh Queen Elizabeth Hotel in downtown Montreal.

Protestors successfully disrupted a lunch-in sponsored by the Quebec-Israel Committee, marking "60 years of relationship" between Canada and Israel. After effectively evading hotel security and the Montreal police, social justice activists burst into the appointed conference room, abruptly bringing to a halt the pro-apartheid discourse of Israel's ambassador to Canada.

Visibly stunned by the protests, Israel's Ambassador stood silent as protests chanted "fight the power, turn the tide; End Israeli Apartheid!" Throughout the disruption, over twelve thousand pieces of brightly colored protest-confetti were showered across the conference room and throughout the hallways of the Queen Elizabeth hotel, carrying a simple message: "60 years of Israeli Apartheid, 60 years of Palestinian dispossession; Boycott Israel!"

Thursday's action marked the 60th anniversary of the massacre at Deir Yassin. In 1948, the Palestinian village of Deir Yassin came under military siege; over two hundred Palestinian men, women and children were butchered by pro-Israeli forces. This crime took place just one month prior to Israel's unilateral declaration of independence at the expense of the Palestinian people.

In cynical disregard for Palestinian history, Israel's Ambassador to Canada, Alan Baker, planned to celebrate Israel on the very anniversary of a horrific massacre.

This is the same Alan Baker who, at the height of Israel's attack on Lebanon in 2006, described "civilian establishments and civilian areas" in Lebanon as "legitimate targets." The military campaign eventually took the lives of over one thousand Lebanese civilians, and massively destroyed the country's infrastructure.

Social justice activists in Montreal from Block the Empire and Tadamon! successfully disrupted Baker's speech in support of a growing international campaign to impose boycott, divestment and sanctions on Israel.

Israel is maintaining a military occupation of the West Bank, the Gaza Strip and Syria's Golan Heights. Within Israel's unilaterally declared borders of 1948, the 1.5 million Palestinians with Israeli citizenship live as second-class citizens, under an apartheid-like system that accords them lesser economic, social and political rights.

Israel is in the process of constructing a massive separation wall, an eight meter high concrete barrier stretching over seven hundred kilometers of Palestinian territory, annexing significant parts of the West Bank and encircling Palestinian villages, towns and cities. Apartheid is an Israeli-enforced reality for the Palestinian people, a reality that has inspired a global movement for Palestinian liberation, with Nelson Mandela declaring; "our freedom [in South Africa] is incomplete without the freedom of the Palestinians."



Thursday, April 10, 2008

[New York City] Second Annual NYC Anarchist Bookfair




Saturday April 12, NYC
NYC ANARCHIST BOOKFAIR:
The Second Annual NYC Anarchist Bookfair (2008) will host a one-day exposition of books, zines, pamphlets, art, film/video, and other cultural and very political productions of the anarchist scene worldwide, on Saturday, April 12, 2008 at Judson Memorial Church in Manhattan.

-----

If you're in town for the NYC Anarchist Bookfair, you will most definitely want to head over to Bluestockings Bookstore to check out some excellent events being put on by our good friends over at PM Press

-----

Friday, April 11th @ 7PM - Free
READING: Rick Dakan "Geek Mafia" Rick Dakan reads from "Geek Mafia" and "Geek Mafia: Mile Zero," his new series of techno crime novels.

-----

Saturday, April 12th @ 7PM - Free
PM PRESS' AUTHOR'S SALON
Come out for the release of a stack of books and celebrate with their authors. Friends, groupies, nay-sayers and strangers are all invited. Food, drinks and mingling are nice, yes? In the crowd will be crime fiction writer Rick Dakan ("Geek Mafia: Mile Zero"), artist Josh MacPhee ("32 Postcards", unstoppable Melody Berger ("F-Word Zine"), squatter artist Fly ("32 Postcards"), punk author Sascha Dubrul ("The Secret Life Of White People"), hothead creator Diane DiMassa ("32 Postcards"), and visionary Jennifer Silverman ("My Kid Rides The Short Bus").

-----

Sunday, April 13th @ 7PM - $5 Suggested
SCREENING: Big Noise Films "The War Of 33" (2008, 30 minutes)
The documentary "The War Of 33: Letters from Beirut" is an intimate recounting of the 2006 war in Lebanon. The film's arc is provided by the letters of Hanady Salman as she writes of people's struggles to maintain their humanity. The universal story that emerges is one of love, resistance, and survival in the face of uncertainty and violence. PM Press will also preview Clifton Ross's documentary "Venezuela: Revolution From The Inside Out" and "3 Black Panthers and the Last Slave Plantation".



Decompression

that's what i'm up to

"Spring in Montreal is triumphant," someone emailed me. Couldn't agree more, and by happy happenstance it comes at the same time as i finish up work on the first volume of these books i've been over-obsessed on.

i now get to read other stuff, go for walks, all that jazz. And the weather is cooperating.

Couldn't ask for better than that!



Sunday, April 06, 2008

David Rovics on the 911-"Truth" Movement

i found the following by anarchist musician David Rovics to be of interest:

9/11 Truth Movement vs. 9/11 Truth

Or, who are these people and why do they keep yelling at me?


I found myself once again singing at an antiwar rally two weeks ago, and once again being confronted by a red-faced white man with an ominous hand-written sign reading, "9/11 was a lie." Most of the crowd was filing off for the post-rally march, aside from a few of my loyal fans who were sticking around for the rest of my set. Among them was the red-faced man, apparently not a fan, who walked towards the small stage with the wild-eyed certainty of a zealot.

"Wake up, David Rovics! David Rovics, wake up to the truth of 9/11!" He was screaming at the top of his lungs, standing about two feet from me. (I continued with the song.) In case I didn't get the message the first time, the red-faced man repeated his mantra. "Wake up! Wake up to the truth of 9/11!"