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In early December, the administration finalized a rule that allows the industry to dump waste from mountaintop mining into neighboring streams and valleys, a practice opposed by the governors of both Tennessee and Kentucky. “This makes it legal to use the most harmful coal-mining technology available,” says Allen Hershkowitz, a senior scientist at the Natural Resources Defense Council.

Factory farms are getting two major Christmas presents from Bush this year. Circumventing the Clean Water Act, the administration has approved last-minute regulations that will allow animal waste from factory farms to seep, unmonitored, into America’s waterways. The regulation leaves it up to the farms themselves to decide whether their pollution is dangerous enough to require them to apply for a permit.

In October, two weeks after consulting with industry lobbyists, the White House exempted more than 100 major polluters from monitoring their emissions of lead, a deadly neurotoxin. Seemingly hellbent on a more toxic future, the administration will also allow industry to treat 3 billion pounds of hazardous waste as “recycling” each year, and to burn another 200 million pounds of hazardous waste reclassified as “fuel,” increasing cancer-causing air pollution. The rule change is a reward to unrepentant polluters: Nearly 90 percent of the factories that will be permitted to burn toxic waste have already been cited for violating existing environmental protections.

In another last-minute shift, the administration has rewritten rules to make it harder for workers to take time off for serious medical conditions under the Family and Medical Leave Act.In addition, the administration has upped the number of hours that long-haul truckers can be on the road. The new rule — nearly identical to one struck down by a federal appeals court last year — allows trucking companies to put their drivers behind the wheel for 11 hours a day, with only 34 hours of downtime between hauls. The move is virtually certain to kill more motorists: Large-truck crashes already kill 4,800 drivers and injure another 76,000 every year.

In a rule that went into effect on December 8th, the administration also limited vision and dental care for more than 50 million low-income Americans who rely on Medicaid. “This means the states are going to have to pick up the tab or cut the services at a time when a majority of states are in a deficit situation,” says Bass of OMB Watch. “It’s a horrible time to do this.” To make matters worse, the administration has also raised co-payments for Medicaid, forcing families on poverty wages to pay up to 10 percent of the cost for doctor visits and medicine. One study suggests that co-payments could cause Medicaid patients to skip nearly a fifth of all prescription-drug treatments.

Under midnight regulations, the administration is seeking to lock in the domestic spying it began even before 9/11. One rule under consideration would roll back Watergate-era prohibitions barring state and local law enforcement from spying on Americans and sharing that information with U.S. intelligence agencies.

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John Podesta, the transition chief for the Obama administration, has vowed that the new president will leverage his "executive authority" to fight Bush's last-minute rule changes. But according to experts who study midnight regulations, there's surprisingly little an incoming executive can do to overturn such rules. The Bush administration succeeded in repealing just three percent of the regulations finalized before Bill Clinton left office in 2001. "Midnight regulations under Bush are being executed early and with great intent," says Bass of OMB Watch. "And that intent is to lock the next administration into these regulations, making it very difficult for Obama to undo what Bush just did."

To protect the new rules against repeal, the Bush administration began amping up its last-gasp regulatory process back in May. The goal was to have all new regulations finalized by November 1st, providing enough time to accommodate the 60-day cooling-off period required before major rule changes — those that create an economic impact greater than $100 million — can be implemented.

Now, however, the administration has fallen behind schedule — so it's gaming the system to push through its rules. In several cases, the Office of Management and Budget has fudged the numbers to classify rules that could have billion-dollar consequences as "non-major" — allowing any changes made through mid-December to take effect in just 30 days, before Obama is inaugurated. The administration's determination of what constitutes a major change is not subject to review in court, and the White House knows it: Spokesman Tony Fratto crowed that the 60-day deadline is "irrelevant to our process."MORE

# Expand Hate Crimes Statutes: Obama and Biden will strengthen federal hate crimes legislation, expand hate crimes protection by passing the Matthew Shepard Act, and reinvigorate enforcement at the Department of Justice's Criminal Section.
# End Deceptive Voting Practices: Obama will sign into law his legislation that establishes harsh penalties for those who have engaged in voter fraud and provides voters who have been misinformed with accurate and full information so they can vote.
# End Racial Profiling: Obama and Biden will ban racial profiling by federal law enforcement agencies and provide federal incentives to state and local police departments to prohibit the practice.

In the first year of his presidency, Barack Obama will develop and begin to implement a comprehensive national HIV/AIDS strategy that includes all federal agencies. The strategy will be designed to reduce HIV infections, increase access to care and reduce HIV-related health disparities. Obama will support common sense approaches including age-appropriate sex education that includes information about contraception, combating infection within our prison population through education and contraception, and distributing contraceptives through our public health system. Obama also supports lifting the federal ban on needle exchange, which could dramatically reduce rates of infection among drug users. Obama has also been willing to confront the stigma -- too often tied to homophobia -- that continues to surround HIV/AIDS. He will continue to speak out on this issue as president.

All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression." - Thomas Jefferson, First Inaugural Address, March 4, 1801

Kip put it better than I did by simply placing two significant quotes next to each other.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
--Declaration of Independence, July 4, 1776
Who's going to tell us what a civil right is and what's not? Well, the people will.
--Massachusetts Governor, Harvard Law School graduate (and Christian), Mitt Romney, June 28, 2006

Who? The people?
Like maybe Gladys? Or any of the rest of these folks?

Think about it for a second. If they had a shot at it, which civil rights court rulings would these people like to see overturned? And not just the people in the video, but the far more politically savvy people who get them "angried-up" and out at the polls? The people whose founders, favored politicians, and spokespersons have a peculiar habit of defending America's peculiar institution? The people who could conceivably mount a campaign to repeal civil rights rulings that they are "not against" but that are "no longer necessary"? (I'm just guessing how they might spin it.
Which would you like to see up for a vote:

• Brown v. Board of Education (school desegregation, major blow against "separate but equal")
• Roe v. Wade (reproductive freedom)
• Shelley v. Kramer (racially restrictive "covenants" in real estate - This one's definitely on Glady's list)
• Bailey v. Patterson (segregation in intrastate and interstate transportation)
• Batson v. Kentucky (basically says you can't put, say, a Black person on trial and exclude Black people from the jury)
• Meritor Savings Bank v. Vinson (defined "hostile work environment" as sexual harassment under the Civil Rights Act of 1964)
• Oncale v. Sundowner Offshore Serv. Inc. (same-sex harassment can be the basis for a sexual harassment claim)
• Romer v. Evans (overturned Colorado amendment prohibiting protection of LGBT rights)
• Lawrence v. Texas (decriminalized sodomy, overturned sodomy laws)
• Grisswold v. Connecticut (overturned law banning contraception, right to "marital privacy")
• And of course the major civil rights acts of
• • 1957 (established the Civil Rights Commission)
  • 1960 (federal inspection of voter registration polls)
  • 1964 (prohibited discrimination on the basis of race, color, creed, religion, sex, and national origin)
  • 1968 (Fair Housing Act)

You could almost line them up chronologically and figure out how far people would like to turn back the clock if they could. In a very real sense, even if you're not gay, you could be "next" on their list. MORE

Melissa Smith-Tourville says her 17-year-old son Keith is a pacifist and “he’d never hurt anyone.” But yesterday he was the target of violence by police, she says: Trying to leave Monday’s march on the Republican National Convention, Keith was wrestled to the ground by five officers, according to his mother, who were “repeatedly kicking, beating, dragging and hitting him.” [Read Smith-Tourville's account of what happened.] Bloody, he was taken into custody by police for two hours and, his mom says, his release by St. Paul police was in violation of Minnesota law.
Smith-Tourville is seeking legal advice from Coldsnap Legal Collective. They told her that as a minor, state law says that Keith should’ve been put in contact with his parents. “Keith repeatedly asked to call his parents,” she says. “He said he can’t even count how many times he said, ‘Can I call my parents?’”



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Hundreds of police (and dozens of media personnel) greeted concert-goers as they left the Rage Against the Machine concert at the Target Center in Minneapolis. No violence or property damage was observed, but 102 people were arrested for “blocking traffic.”
Police blocked vehicle traffic on 1st Avenue in front of the Target Center and many Rage fans simply sat on the curb waiting for something, anything, to happen. It would be half an hour before police ordered people to disperse or be arrested, and police on horseback had assembled a line on 6th Street.

They had come in their thousands – grandmothers, veterans, young families and even disgruntled Republicans bearing banners and peace flags, to demand an end to the five-year conflict. And for the most part, the demonstrations passed off peacefully.

But once the main antiwar march had finished, splinter groups embarked on a violent rampage, smashing windows, slashing car tyres, throwing bottles and even attacking Republican delegates attending the nearby Xcel Centre.

Many of those involved identified themselves to reporters as anarchists. These protesters, some clad in black, wreaked havoc by damaging property and starting at least one fire.

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The anti-war march was organised by a group called the Coalition to March on the RNC and Stop the War, whose leaders said they hoped for a peaceful, family friendly event. But police were on high alert after months of preparations by a self-described anarchist group called the RNC Welcoming Committee, which was not among the organisers of the march.

Most of the trouble was in pockets of a neighbourhood near downtown, several blocks from where the convention was taking place. Police fired tear gas canisters and used pepper spray on protesters who tried to block key streets.

Up to 200 people from various groups marched in a noisy “Funk the War" march. Clad in black, protesters smashed windows of cars and stores, tipped over rubbish bins, pulled down street signs and bent the rear-view mirrors on a bus. Some wore gas masks and bandanas to protect themselves from smoke bombs and other chemical irritants. MORE

janradder

So a small group of idiots managed to make sure that the message of 10,000 played second fiddle to theirs. Now, if you're going to tell me that's the fault of the media, stop. You (the anarchists) know just as well as I do that that's what the media does. Of course people breaking stuff and trying to start a riot is going to get more ink and more air time than people marching peaceably in the streets, holding signs and chanting. You know that and I know that and to pretend otherwise is just making excuses for yourself. Sure, it's fun to run wild in the street, but tell me, how is what you did any different from the college kids who riot after their team wins a national title? Because I really don't see a difference. You may have a point to all this, but what is it? And how are your methods getting it across? How does slamming a dumpster into the side of an occupied squad car show you want the war to end? How does smashing the windows of a Macy's tell people you want a change in government? How does assaulting Republican delegates (including an 80 year old man who had to be treated for injuries) help convince people that what the Republicans are doing is wrong? How does throwing a brick through a bus window and injuring the blue collar driver let people know you care about unions and living wages? How does throwing bent nails, newspaper kiosks and garbage cans in the street show that you care about the environment? Because to me, your actions make you no better than the people you're "protesting" against. As many have said, the ends don't justify the means, but what exactly are your ends? To prevent the Republican delegates from attending their convention and thus suppressing their right to free speech because your rights are more important or valid than theirs? Maybe you do have a valid point to all this but I certainly don't see it. All I see is a bunch of self-righteous thugs using political action as an excuse to break the law.

Following up on this weekend's extreme raids on various homes, at least 50 people were arrested here today in St. Paul, Minnesota. Beginning last night, St. Paul was the most militarized I have ever seen an American city be, even more so than Manhattan in the week of 9/11 -- with troops of federal, state and local law enforcement agents marching around with riot gear, machine guns, and tear gas cannisters, shouting military chants and marching in military formations. Humvees and law enforcement officers with rifles were posted on various buildings and balconies. Numerous protesters and observers were tear gassed and injured. I'll have video of the day's events posted shortly.

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UPDATE IV: The Washington Post has a few more details on the arrest of Goodman and the two Democracy Now producers. In addition to them, a photographer for Associated Press was also arrested today while covering the protests (h/t Edward Champion). An AP spokesman said of the arrest: "covering news is constitutionally protected, and photographers should not be detained for covering breaking news." Democratic strategist and CNN commentator Donna Brazile was hit by pepper spray on her way into the Xcel Center. Just as was true for the despicable home raids this weekend, there will be no shortage of people defending all of this (browse through the comment section here to see many such people). The fact that there were some criminals engaged in some destructive acts (who, needless to say, should have been arrested), apparently means that whatever the Police do both before and afterwards is justifiable (just as the existence of some Terrorists justifies whatever the Government does in many people's minds).">MORE

As the police attacks on protesters in Minnesota continue -- see this video of the police swarming a bus transporting members of Earth Justice, seizing the bus and leaving the group members stranded on the side of the highway -- it appears increasingly clear that it is the Federal Government that is directing this intimidation campaign. Minnesota Public Radio reported yesterday that "the searches were led by the Ramsey County Sheriff's office. Deputies coordinated searches with the Minneapolis and St. Paul police departments and the Federal Bureau of Investigation."

Today's Star Tribune added that the raids were specifically "aided by informants planted in protest groups." Back in May, Marcy Wheeler presciently noted that the Minneapolis Joint Terrorist Task Force -- an inter-agency group of federal, state and local law enforcement led by the FBI -- was actively recruiting Minneapolis residents to serve as plants, to infiltrate "vegan groups" and other left-wing activist groups and report back to the Task Force about what they were doing. There seems to be little doubt that it was this domestic spying by the Federal Government that led to the excessive and truly despicable home assaults by the police yesterday.

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After all, if you don't want the FBI spying on you, or the Police surrounding and then invading your home with rifles and seizing your computers, there's a very simple solution: don't protest the Government. Just sit quietly in your house and mind your own business. That way, the Government will have no reason to monitor what you say and feel the need to intimidate you by invading your home. Anyone who decides to protest -- especially with something as unruly and disrespectful as an unauthorized street march -- gets what they deserve.

Isn't it that mentality which very clearly is the cause of virtually everyone turning away as these police raids escalate against citizens -- including lawyers, journalists and activists -- who have broken no laws and whose only crime is that they intend vocally to protest what the Government is doing? Add to that the fact that many good establishment liberals are embarrassed by leftist protesters of this sort and wish that they would remain invisible, and there arises a widespread consensus that these Government attacks are perfectly tolerable if not desirable.
During the Olympics just weeks ago, there was endless hand-wringing over the efforts by the Chinese Government to squelch dissent and incarcerate protesters. On August 21, The Washington Post fretted:

Six Americans detained by police this week could be held for 10 days, according to Chinese authorities, who appear to be intensifying their efforts to shut down any public demonstrations during the final days of the Olympic Games. . . . Chinese Olympic officials announced last month that Beijing would set up zones where people could protest during the Games, as long as they had received permission. None of the 77 applications submitted was approved, however, and several other would-be protesters were stopped from even applying.

On August 2, The Post gravely warned:

Behind the gray walls and barbed wire of the prison here, eight Chinese farmers with a grievance against the government have been consigned to Olympic limbo. Their indefinite detainment, relatives and neighbors said, is the price they are paying for stirring up trouble as China prepares to host the Beijing Games. Trouble, the Communist Party has made clear, will not be permitted.

Would The Washington Post ever use such dark and accusatory tones to describe what the U.S. Government does? Of course it wouldn't. Yet how is our own Government's behavior in Minnesota any different than what the Chinese did to its protesters during the Olympics (other than the fact that we actually have a Constitution that prohibits such behavior)?


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Protesters here in Minneapolis have been targeted by a series of highly intimidating, sweeping police raids across the city, involving teams of 25-30 officers in riot gear, with semi-automatic weapons drawn, entering homes of those suspected of planning protests, handcuffing and forcing them to lay on the floor, while law enforcement officers searched the homes, seizing computers, journals, and political pamphlets. Last night, members of the St. Paul police department and the Ramsey County sheriff's department handcuffed, photographed and detained dozens of people meeting at a public venue to plan a demonstration, charging them with no crime other than "fire code violations," and early this morning, the Sheriff's department sent teams of officers into at least four Minneapolis area homes where suspected protesters were staying.
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In the house that had just been raided, those inside described how a team of roughly 25 officers had barged into their homes with masks and black swat gear, holding large semi-automatic rifles, and ordered them to lie on the floor, where they were handcuffed and ordered not to move. The officers refused to state why they were there and, until the very end, refused to show whether they had a search warrant. They were forced to remain on the floor for 45 minutes while the officers took away the laptops, computers, individual journals, and political materials kept in the house. One of the individuals renting the house, an 18-year-old woman, was extremely shaken as she and others described how the officers were deliberately making intimidating statements such as "Do you have Terminator ready?" as they lay on the floor in handcuffs. The 10 or so individuals in the house all said that though they found the experience very jarring, they still intended to protest against the GOP Convention, and several said that being subjected to raids of that sort made them more emboldened than ever to do so.
Several of those who were arrested are being represented by Bruce Nestor, the President of the Minnesota chapter of the National Lawyers' Guild. Nestor said that last night's raid involved a meeting of a group calling itself the "RNC Welcoming Committee", and that this morning's raids appeared to target members of "Food Not Bombs," which he described as an anti-war, anti-authoritarian protest group. There was not a single act of violence or illegality that has taken place, Nestor said. Instead, the raids were purely anticipatory in nature, and clearly designed to frighten people contemplating taking part in any unauthorized protests.See videos and more reports here

haddyr

fengi

Now, there are some people I consider confrontational idiots among the protesters. I don't like dealing with them in Chicago either. It should be pointed out their plans to disrupt traffic was just one part, one page of the anti-RNC organizing site. They were not, in fact, the organizers of all protests. Nor is a public discussion of such tactics necessarily count as a criminal conspiracy. In fact, that's why it's public. The police used their plans as an easy excuse for their behavior, but that makes it no less of an excuse and no more legal.

Meanwhile, this flimsy pretext has been stretched to justify a general crackdown on activists. Including surrounding a house where a video activists which specialize in monitoring police behavior, this raid without a subpoena may have had FBI involvement and ended without any arrests.

Earlier this week, Minneapolis police officers detained three filmmakers from the New York based Glass Bead Collective and confiscated their cameras:

According to a statement from the collective, the officers refused to file an official incident report or fill out a receipt inventorying seized property, claiming that they were allowed to conduct the search and seizure under the jurisdiction of Homeland Security due to security risks leading up to the Republican National Convention.

Afterwards, the three journalists/artists were released without receiving any charges or tickets. (Police kept their belongings.) Teichberg said he recently learned that the Minneapolis Police Department is claiming they are being investigated for trespassing on train tracks. “We were targeted. They knew who we were. This was an attempt not to let us document what is happening at the convention… They’re taking away the media’s ability to protest,” he said.

The Glass Bead Collective was one of the groups involved in lawsuits against cops who assaulted Critical Mass riders.

There were incidents and rumors of police intimidation of reporters and protersters leading to the Society of Professional Journalists to issue a statement of concern.And that breathless police report?