Restoring The Rule of Law In California youtu.be/9IfRMBFIBns Let California lead the way for Restoring The Rule of Law in America. The Recommendations Below Can Be Found On My Revised Website: fascisminamerica The United States has a history of using intelligence activities that impair the rights of its citizens. In the name of national security it has repeatedly, as the US Senate Select Committee on Intelligence Activities Within the United States States said in its report on COINTELPRO, exceeded the restraints on the exercise of governmental power which are imposed by our countrys Constitution, laws, and traditions. These abuses of power go as far back as far as 1798 with the Alien and Sedition Acts which made it a crime to criticize the government. What make these abuses, especially dangerous, is that they often taken place under the veil of the States Secret Doctrine and are not exposed without an investigatory committee of Congress dedicated to making the abuses public. No such investigatory committee has been convened during the Presidencies of Bush/Obama. Hence the lawless acts of these administrations remain hidden from public scrutiny. In such circumstances, it is up to the states to protect its citizens, to make sure that the Rule of Law is upheld, and that citizens can challenge covert intelligence activities that are in violation of the Rule of Law. The pattern states must protect its citizens against was described in theChurch Committee Report through testimony of one witness who warned about the tendency of our intelligence activities: The risk was that you would get people who would be susceptible to political considerations as opposed to national security considerations, or would construe political considerations to be national security considerations, to move from the , kid with a bomb to the kid with a picket sign, and from the kid with the picket sign, to the kid with the bumper sticker of the opposing candidate. And you just keep going down the line. What are the areas where the State of California, as all other states in the union, need to protect its citizens to assure excesses in the name of protecting security dont degenerate into violations of the Rule of Law? Fusion Centers Why Fusion Centers matter? https://eff.org/deeplinks/2014/04/why-fusion-centers-matter-faq The data that winds up in Fusion Centers often depends on Suspicious Activity Reporting. From the civil liberties group, the Electronic Frontier Association: So whats wrong with Suspicious Activity Reporting and the NSI? SARs do no meet legally cognizable standards for search or seizure under the Fourth amendment. Normally, the government must satisfy reasonable suspicion or probable cause standards when searching a person or place or detaining someone. While SARs themselves are not a search or seizure, they are used by law enforcement to initiate investigations, or even more intrusive actions such as detentions, on the basis of evidence that does not necessarily rise to the level of probable cause or reasonable suspicion. In other words, while the standard for SAR sounds like it was written to comport with the constitutional standards for investigation already in place, it does not. In fact, the specific set of behaviors listed in the National SAR standards include innocuous activities such as: taking pictures or video of facilities, buildings, or infrastructure in a manner that would arouse suspicion in a reasonable person,” and “demonstrating unusual interest in facilities, buildings, or infrastructure beyond mere casual or professional (e.g. engineers) interest such that a reasonable person would consider the activity suspicious. Examples include observation through binoculars, taking notes, attempting to measure distances, etc. Homeland Security fusion centers spy on citizens, produce shoddy work, report says By Michael Isikoff investigations.nbcnews/_news/2012/10/02/14187433-homeland-security-fusion-centers-spy-on-citizens-produce-shoddy-work-report-says What action does the State of California need to take to protect the Rule of Law pertaining to Fusion Centers? The State of California needs to assure that Fusion Centers are not being used to regulate noncriminal conduct. It needs to make sure that peaceful, protected First Amendment activity is not being labeled terrorism-related. In California, we know, databases, for instance, contain information about animal rights rallies, environmental demonstrations, anti-war protests, student protests against military recruiting on campus, labor union organizing, and demonstrations against police brutality. From: We Are All Suspects under Resources https://aclum.org/node/119 Here in California we need: 1. An Office of Data Protection and Privacy Oversight - Independent of any supervison or control by any executive agency. 2. A Commissioner to head the Office of Data Protection and Privacy Oversight and serve for a three year term. 3. The Commissioner of the Office of Data Protection and Privacy Oversight would get testimony of witnesses, get access to documents, papers, books, records, reports, reviews, recommendations, correspondence, data and other information to conduct oversight and report the result of inquiries. He or she should have subpoena power to get witnesses or necessary documents. 4. The duty of the Commissioner of the Office of Data Collection and Privacy Oversight would be to examine on a system-wide basis, the entire scope of the intelligence and other operations of intelligence data centers in California. It would be his or her job to investigate, evaluate, and analyze the particular procedures, both as written and in practice, employed by intelligence data ceners to ensure that the activities of such centers do not infringe on the rights to freedom of assembly, association, and expression guaranteed by the United States constitution and the California Declaration of Rights. 5. The Commissioner of the Office of Data Collection and Privacy Oversight would investigate, evaluate, and analyze the impact of any military involvement in intelligence data center activities, as well as private sector involvement. 6. The Commissioner of the Office of Data Collection and Privacy Oversight would investigate, evaluate, and analyze the quality, timeliness, completeness, accuracy and efficiency of intelligence data centers responses to individuals requests. 7. The Commissioner of the Office of Data Collection and Privacy Oversight would issue semi-annual reports, and convene and participate in public hearings, and provide independent oversight of data and privacy protection functions at intelligence data centers. 8. The Commissioner of the Office of Data Collection and Privacy Oversight would advise the public and public officials about the data and privacy protection operations of the State of Californias Fusion Centers and Intelligence Centers. Here in California we need: A Law that prohibits state and local law enforcement agencies, prosecutorial offices, police or peace officers from collecting and maintaining information about the political, religious or social views, associations or activities of any individual, group, association, organization, corporation, business or partnership unless it relates directly to an investigation of criminal activities or there are reasonable grounds to suspect the subject of the information is involved in criminal conduct. Further this law should guarantee All protected information shall be evaluated for reliability of its source and the accuracy of its content prior to being recorded in any investigation file. And a review process will be conducted every 5 years. Reference: mass.gov/legis/bills/senate/186/st00pdf/st00931.pdf Watch Lists We know that Watch Lists are swollen with the names of many innocent people. Since these lists are secret there is no way to challenge the criteria used to put the names of residents of California on such lists. nytimes/2010/04/07/us/07watch.html?pagewanted=all&_r=1& The idea that such inaccurate lists are being used in California to target people for Gang Stalking by citizen vigilantes and First Responders is clearly illegal and an outrage in a civilized society. We need a law in California making the person who initiates Gang Stalking against another person guilty of a felony. What is Gang Stalking? The definition given to newswoman Candice Nguyen of the Central Coast News, KCBA, by local law enforcement was gang stalking is when multiple people organized to systematically stalk and harass a person, whether emotionally or physically. The tactic being used - Mobbing/Gang Stalking - is discussed in a new book published by Oxford University Press. Mobbing Causes, Consequences and Solutions by Maureen Duffy and Len Sperry oxfordscholarship/view/10.1093/acprof:oso/9780195380019.001.0001/acprof-9780195380019 The Fact that Police and California Highway Patrol in California are joining citizen vigilantes in California in Gang Stalking citizens here is an outrage. stopgangstalkingpolice We’ve seen Red Squads In America Before From May 8, 2006 print edition of U.S. News & World Report.” “Starting in the 1970’s, lawsuits and grand jury investigations uncovered all kinds of abuse by these units: illegal spying, burglaries, beatings, unwarranted raids, the spreading of disinformation. Americans engaged in constitutionally protected free speech were routinely photographed, wiretapped, and harassed –all in the name of national security.” We know what the ACLU says law enforcement is doing today: “Unfortunately, it appears that these old tendencies have once again come to the fore. Law enforcement agencies across America continue to monitor and harass groups and individuals for doing little more than peacefully exercising their First Amendment rights. A thorough search and review of news accounts by the ACLU reveals that these law enforcement behaviors have taken place in at least 36 states plus the District of Columbia in recent years. Americans have been put under surveillance or harassed by the police just for deciding to organized, march, protest, espouse unusual viewpoints, and engage in normal, innocuous behaviors such as writing notes or taking photgraphs in public.” https://aclu.org/maps/spying-first-amendment-activity-state-state Justice Department Wont Reveal When It Subjects Citizens To Tracking youtu.be/ryuBtW2I_EY ACLU on Fighting Police Abuse aclu.org/racial-justice_prisoners-rights_drug-law-reform_immigrants-rights/fighting-police-abuse-community-ac “THE BAD NEWS is...police abuse is a serious problem. It has a long history, and it seems to defy all attempts at eradication.” How do we assure Police and California Highway Patrol do not participate in illegal activities like Gang Stalking of citizens? https://aclu.org/racial-justice_prisoners-rights_drug-law-reform_immigrants-rights/fighting-police-abuse-community-ac An ongoing way to address the issue of police misconduct is Civilian Review Boards. We need persons who are not affiliated with the police to conduct fact finding investigations into abuses of police power such as Gang Stalking by police of citizens. Civilian Police Review Boards need to be independent, adequately funded, representative of the community, report statistical trends in allegations, and should be housed away from police headquarters. They must afford citizens of California who believe they are being subjected to police misconduct the opportunity to have a hearing by an independent body that has the power to investigate complaints and bring disciplinary action.
Posted on: Sun, 20 Jul 2014 04:50:04 +0000
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