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Monday, September 30, 2013

one liners for the end of September jollies

Isn't it scary that doctors call what they do "practice"? 

Where do forest rangers go to get away from it all? 

What should you do if you see an endangered animal eating an endangered plant? 

If a parsley farmer is sued do they garnish his wages? 

Would a wingless fly be called a walk? 

Me and my recliner - we go WAY back. 

Is a shell-less turtle homeless or just naked? 

Is it true that cannibals won't eat clowns because they taste funny? 

Why use sterilized needles for lethal injections? 

What was the best thing BEFORE sliced bread?

 
Change is inevitable except from vending machines. 

Plan to be spontaneous - tomorrow. 

Always try to be modest and be proud of it! 

Support bacteria - they're the only culture some people have. 

When everything's coming your way, you're in the wrong lane and going the wrong way. 

If at first you don't succeed, destroy all evidence that you tried. 

A conclusion is the place where you got tired of thinking. 

Experience is something you don't get until just after you need it. 

For every action there is an equal and opposite criticism. 

Never do card tricks for the group you play poker with. 

No one is listening until you make a mistake. 

Success always occurs in private and failure in full view. 

The colder the x-ray table the more of your body is required on it. 

Originality is the art of concealing your sources. 

Photons have mass? I didn't even know they were Catholic. 

All I ask is a chance to prove money can't make me happy. 

How long a minute is depends on what side of the bathroom door you're on. 

THIS DAY IN GAY HISTORY SEPTEMBER 30

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GAY WISDOM for Daily Living...

from White Crane a magazine exploring
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THIS DAY IN GAY HISTORY

SEPTEMBER 30

1207 – JALAL AL-DIN MUHAMMAD RUMI, Persian mystic and poet born (d. 1273) also known as Mawlānā Jalāl-ad-Dīn Muhammad Balkhī, but most famously known to the English-speaking world simply as Rumi. Rumi was a 13th century Persian (Tajik) Muslim poet, jurist and theologian. His name literally translates as "Majesty of Religion", Jalal means "majesty" and Din means "religion." Rumi is a descriptive name meaning "the Roman" since he died in Anatolia which was part of the Byzantine Empire two centuries before.

Rumi was born in Balkh (in present-day Afghanistan), then a city of Greater Khorasan in Persia and died in Konya (in present-day Turkey). His birthplace and native language/local dialogue indicates a Persian (Tajik) heritage. His poetry is in Persian and his works are widely read in Iran, Afghanistan, Tajikistan, Uzbekistan and in translation especially in Turkey, Azerbaijan, the US, and South Asia. He lived most of his life in, and produced his works under, the Sejuk Empire. Rumi's importance is considered to transcend national and ethnic borders. Throughout the centuries he has had a significant influence on Persian as well as Urdu and Turkish literature. His poems have been widely translated into many of the world's languages in various formats. After Rumi's death, his followers founded the Meylevi Order, better known as the "Whirling Dervishes," who believe in performing their worship in the form of dance and music ceremony called the sema.

It was his meeting with the dervish Shams-e Tabrizi on November 15th 1244 that changed his life completely. Shams had traveled throughout the Middle East searching and praying for someone who could "endure my company." A voice came, "What will you give in return?" "My head!" "The one you seek is Jalal al-Din of Konya." On the night of December 5, 1248, as Rumi and Shams were talking, Shams was called to the back door. He went out, never to be seen again. It is believed that he was murdered with the connivance of Rumi's son, 'Ala' ud-Din; if so, Shams indeed gave his head for the privilege of mystical friendship.

Rumi's love and his bereavement for the death of Shams found their expression in an outpouring of music, dance and lyric poems, Divan-e Shams-e Tabrizi. He himself went out searching for Shams and journeyed again to Damascus. There, he realized:

Why should I seek? I am the same as
He. His essence speaks through me.
I have been looking for myself!

For more than ten years after meeting Shams, Mawlana had been spontaneously composing ghazals, and these had been collected in the Divan-i Kabir. Rumi found another companion in Salaḥ ud-Din-e Zarkub, the goldsmith. After Salaḥ ud-Din's death, Rumi's scribe and favorite student Hussam-e Chelebi assumed the role. One day, the two of them were wandering through the Meram vineyards outside of Konya when Hussam described an idea he had to Rumi: "If you were to write a book like the Ilāhīnāma of Sanai or the Mantiq ut-Tayr of 'Attar it would become the companion of many troubadours. They would fill their hearts from your work and compose music to accompany it."

Rumi smiled and took out a piece of paper on which were written the opening eighteen lines of his Masnavi, beginning with:

Listen to the reed and the tale it tells,
How it sings of separation...

Hussam implored Rumi to write more. Rumi spent the next twelve years of his life in Anatolia dictating the six volumes of this masterwork, the Masnavi to Hussam. In December 1273, Rumi fell ill; he predicted his own death and composed the well-known ghazal, which begins with the verse:

How doest thou know what sort of king I have within me as companion?
Do not cast thy glance upon my golden face, for I have iron legs.

He died on December 17, 1273 in Konya; Rumi was laid to rest beside his father, and a splendid shrine, the Yesil Turbe "Green Tomb",  was erected over his tomb. His epitaph reads:

"When we are dead, seek not our tomb in the earth, but find it in the hearts of men."

1924 – TRUMAN CAPOTE, American author born (d. 1984) Author of short stories and novels, including Breakfast At Tiffany’s and In Cold Blood. He said he was a lonely child, and taught himself to read and write before he entered the first grade in school. He was a neighbor and friend of Harper Lee, author of To Kill a Mockingbird, and Dill, a character in her novel, is based on Capote. He was often seen at age five carrying his dictionary and notepad, and he claimed to have written a book when he was nine years old. At this time, he was given the nickname Bulldog, possibly a pun reference of "Bulldog Truman" to the fictional detective Bulldog Drummond, popular in films of the mid-1930s.

On Saturdays, he made trips from Monroeville to Mobile, and when he was 10, he submitted his short story, "Old Mr. Busybody," to a children's writing contest sponsored by the Mobile Press Register. When he was 11, he began writing seriously in daily three-hour sessions. Of his early days Capote related, "I began writing really sort of seriously when I was about eleven. I say seriously in the sense that like other kids go home and practice the violin or the piano or whatever, I used to go home from school every day and I would write for about three hours. I was obsessed by it."

In 1933, he moved to New York City to live with his mother and her second husband, Joseph Capote, a Cuban-born textile broker, who adopted his stepson and renamed him Truman García Capote. In 1935, he attended the Trinity School. He then attended St. Joseph's military academy. His mother wished for him to become more masculine. She said, "I will not have another child like Truman, and if I do have another child he will be like Truman." She aborted two pregnancies for this reason. In 1939, the Capotes moved to Greenwich, Connecticut, and Truman attended Greenwich High School, where he wrote for both the school's literary journal, The Green Witch, and the school newspaper. Back in New York in 1942, he graduated from the Dwight School, an Upper West Side private school where an award is now given annually in his name.

When he was 17, Capote ended his formal education and began a two-year job at The New Yorker. Years later, he wrote, "Not a very grand job, for all it really involved was sorting cartoons and clipping newspapers. Still, I was fortunate to have it, especially since I was determined never to set a studious foot inside a college classroom. I felt that either one was or wasn't a writer, and no combination of professors could influence the outcome. I still think I was correct, at least in my own case." He was fired from this job for misrepresenting himself as a writer for the magazine, when he was really little more than a copy boy.

Capote was out Gay in a time when it was common among artists, but rarely talked about. One of his first serious lovers was Smith College literature professor Newton Arvin, who won the National Book Award for his Herman Melville biography.

Capote was well known for his distinctive, high-pitched voice and odd vocal mannerisms, his offbeat manner of dress and his fabrications. He often claimed to know intimately people he had in fact never met, such as Greta Garbo. He professed to have had numerous liaisons with men thought to be heterosexual, including, he claimed, Errol Flynn. He traveled in eclectic circles, hobnobbing with authors, critics, business tycoons, philanthropists, Hollywood and theatrical celebrities, royalty, and members of high society both in the U.S. and abroad. Part of his public persona was a long-standing rivalry with writer Gore Vidal ("Truman Capote has tried, with some success, to get into a world that I have tried, with some success, to get out of.")

Despite the assertion earlier in life that one "lost an IQ point for every year spent on the West Coast," he purchased a home in Palm Springs and began to indulge in a more aimless lifestyle and heavy drinking. This resulted in bitter quarreling with the more retiring Jack Dunphy (with whom he had shared a non-exclusive relationship since the 1950s). Their partnership changed form and continued as a non-sexual one, and they were separated during much of the 1970s. Dunphy was irritated by the unwavering substance abuse and even went so far as to allege that Capote had slept with Radziwill. However, others have alleged that Dunphy, a writer and playwright of far less renown, was unappreciative of Capote's gifts (including a Swiss condominium that Capote had little use for) and financial support.

In the absence of Dunphy, Capote began to frequent the bathhouse circuit in New York, often seducing working-class, sexually unsure men half his age. This frequently resulted in socially embarrassing situations; while visiting Marella Agnelli in Italy, Capote's latest lover—an air conditioner repairman—asked for a baked potato while dining in an exclusive restaurant.

Capote died in Los Angeles on August 25, 1984, aged 59. According to the coroner's report the cause of death was "liver disease complicated by phlebitis and multiple drug intoxication." He passed away at the home of his old friend Joanne Carson, ex-wife of late-night TV host Johnny Carson, on whose program Capote had been a frequent guest. He was interred in the Westwood Village Memorial Park Cemetery in Los Angeles, leaving behind his longtime companion, author Jack Dunphy. Dunphy died in 1992, and in 1994 both his and Capote's ashes were scattered at Crooked Pond, between Bridgehampton and Sag Harbor on Long Island, close to where the two had maintained a property with individual houses for many years.

1935 – JOHNNY MATHIS, American singer, born; Although he is frequently described as a romantic singer, his vast discography includes jazz, traditional bop, Brazilian and Spanish music, Soul, R&B, soft rock, Broadway, Tin Pan Alley standards, some blues and country songs, and even a few disco tunes for his album Mathis Magic (1979). In 1980/81 Mathis recorded an album with Chic’s Bernard Edwards and Niles Rodgers, I Love My Lady, which remains unreleased. Mathis also remains highly associated with holiday music, having recorded nine Christmas albums. According to British recordings chart historian and Guinness Book of Records Music writer Paul Gambaccini,

Mathis has recorded over 110 albums and sold more than 350 million records worldwide. His Merry Christmas album of 1958 has made the USA charts almost every year since its release and is now approaching 6 Million unit sales. This makes Mathis the third most successful male recording artist ever. He was given the title The Voice Of Romance. Mathis has the distinction of having the longest stay of any recording artist on the Columbia Record label, having been with the label from 1956 to 1963 and from 1968 to the present.

A 1982 US Magazine article quoted Mathis as having said, "Homosexuality is a way of life that I've grown accustomed to." He further confirmed a sexual relationship with a male saxophonist. After more than twenty years of silence on the subject, in 2006, Mathis revealed in an interview his silence was due to death threats he received as a result of that 1982 article. On April 13, 2006 Mathis granted a podcast interview with The Strip in which he touched on the subject once again. Chances are…indeed.

1953 – S.M. STIRLING, Canadian-born author, born; an American science fiction and fantasy author. Stirling was born in Metz, France to an English mother and Canadian father. He has lived in several countries and currently resides in the US in New Mexico with his wife Jan.

His novels are generally conflict-driven and often describe military situations and militaristic cultures. In addition to his books' military, adventure & exploration focus, he often describes societies with cultural values significantly different from modern western views, especially with a more liberal attitude to sexuality (Lesbian characters often figure), in a sympathetic or at least neutral way. One of his recurring topics is the influence of the culture on an individual's outlook and values, with a particular emphasis on the idea that most people and societies consider themselves (mostly) moral.

1955 – JAMES DEAN, American actor, died (automobile accident) (b. 1931); Today, Dean is often considered an icon because of his "experimental" take on life, which included his ambivalent sexuality. There have been several accounts of Dean's sexual relationships with both men and women. William Bast was one of Dean's closest friends, a fact acknowledged by Dean's family. Dean's first biographer (1956), Bast was his roommate at UCLA and later in New York, and knew Dean throughout the last five years of his life. Bast has recently published a revealing update of his first book, in which, after years of successfully dodging the question as to whether he and Dean were sexually involved, he has finally admitted that they were. In this second book Bast describes the difficult circumstances of their involvement and also deals frankly with some of Dean's other Gay relationships, notably the actor's friendship with Rogers Brackett, the influential producer of radio dramas who encouraged Dean in his career and provided him with useful professional contacts. Journalist Joe Hyams suggested that any homosexual acts Dean might have involved himself in appear to have been strictly "for trade," as a means of advancing his career.

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Catholic Chaplains Won't Bury Married Gay Soldiers

Catholic Chaplains Won't Bury Married Gay Soldiers

"No Catholic priest or deacon may be forced by any authority to witness or bless the union of couples of the same gender. No Catholic priest or deacon can be obliged to assist at a [marriage counseling retreat] if that gathering is also open to couples of the same gender...
"Participation in retirements, changes of command, and promotion ceremonies is possible, as long as the priest is not required to acknowledge or approve of a 'spouse' of the same gender.
"While the tradition of the Catholic Church always tries to find reasons to bury the dead, a priest may not be placed in a situation where his assistance at a funeral for a Catholic would give the impression that the Church approves of same sex 'marital' relationships."
-- Timothy P. Broglio, Roman Catholic Archbishop of the Archdiocese for the Military Services, issuing new rules last week that essentially forbid Catholic military chaplains from acknowledging or assisting same-sex couples in any way unless such a refusal would violate federal law or jeopardize the chaplain's military career. Broglio's guidelines also suggest that Catholic chaplains would have to refuse to hold funeral services for married gay soldiers, unless the soldier's spouse agrees to not have their marriage acknowledged during the funeral.
The shame/scare quotes around the words "spouse" and "marriage" are the archbishop's; he also repeatedly referred to loving same-sex marriages as "evil."
These guidelines came just one day before Pope Francis scolded his church for its leaders' "obsessive" focus on attacking marriage equality.

Israeli Extremists Destroy Christian Gravestones In Jerusalem

Israeli Extremists Destroy Christian Gravestones In Jerusalem

Monday September 30, 2013 09:10 | Saed Bannoura – IMEMC & Agencies
Sunday [September 29, 2013] A number of Israeli extremists invaded a Christian Cemetery in occupied Jerusalem, and destroyed several gravestones before Israeli police officers chased, and apprehended them.
graves_jaffa[1]
Christian Graves Defaces In Jaffa – File, Arabs48
The Radio Bethlehem 2000 has reported that four students of a Jewish Yeshiva in the area carried out the attack. Their ages are between 17 and 26.
It added that the assailants destroyed 15 gravestones in the Evangelical Lutheran Cemetery in the King David Tomb.
The Israeli Police said that two of the apprehended Israeli assailants are members of the Hilltop Youth Movement, an extremist group of Israeli settlers responsible for numerous attacks against Palestinian lands and property.
The two have previously been apprehended by the Israeli Police in the West Bank, and were ordered out of the area due to their illegal activities, but they violated the order and the police failed to apprehend them.
Earlier on Monday, the Police apprehended two Israeli teenagers, 14 and 16 years of age, on suspicion of being involved in defacing and damaging eight Palestinian cars, near Nabi Saleh Graveyard, in occupied Jerusalem.
Nearly a week ago, Price Tag graffiti was also found on the outer walls of a Church in the Old City of Jerusalem, punctured tires of 28 Palestinian cars, and wrote racist graffiti in Abu Ghosh.
A month ago, a Christian Monastery in the Deir Jamal area, between Jerusalem and Ramla, was attacked by a Molotov cocktail, while racist graffiti, used by Price Tag extremist Israeli groups, were found on its exterior walls, the Arabs48 news Website has reported.
In mid-June, a number of extremist settlers wrote racist graffiti on some graves at the Christian Greek Orthodox graveyard in Jaffa [on Wednesday at night].
On Friday [June 14 2013] Israeli extremists set ablaze two Palestinian cars in Sheikh Jarrah neighborhood, in occupied East Jerusalem, and wrote racist graffiti, including Price Tag.
The extremists also wrote racist graffiti on some graves in the Christian Greek Orthodox graveyard in Jaffa. They further wrote “Price Tag”, “Revenge”, and drew the Star of David on a number of graves.
Racist graffiti was also found on a wall of a building inhabited by the head of the Orthodox Society in Jaffa, and even wrote graffiti on the wall of the home Khaled Kaboub, an Arab District Court Judge in Tel Aviv.
There have been hundreds of similar attacks, that also included burning and trying to burn Churches and Mosques in different part of Palestine, in addition to numerous attacks targeting both Islamic and Christian graveyards.
Those attacks are part of ongoing violations that also targeted Palestinians lands and orchards in which the settlers uprooted and burnt hundreds of Palestinian trees, and flooded farmlands with waste-water.

In Trial, Romania Warily Revisits a Brutal Past

In Trial, Romania Warily Revisits a Brutal Past

BUCHAREST, Romania — Remembered as a brutal sadist by inmates who managed to survive the prisons he once ran, Alexandru Visinescu bubbles with violent fury. “Get away from my door, or do you want me to get a stick and beat you?” the 88-year-old former prison commander screamed recently when a reporter called at his fourth floor apartment in the center of this capital city.
Like other onetime servants of the old Communist government, Mr. Visinescu — now a frail retiree with a hunched back — does not like being disturbed. Until recently, he was not. He was left alone with a generous pension and a comfortable apartment, surrounded by black-and-white photographs of his fit, youthful self in uniform. He passed his time with leisurely strolls in a nearby park.
His peace ended in early September, when prosecutors in Bucharest announced that Mr. Visinescu would be put on trial over his role in Communist-era abuses, the first case of its kind since Romania toppled and executed the dictator Nicolae Ceausescu in December 1989.
The case has opened a flood of news media coverage here and raised hopes, however tentative, among victims and their advocates that Romania may finally be following most of its neighbors in Central and Eastern Europe in shaking off a national amnesia about its brutal past and re-examining a culture of impunity that has fed rampant corruption and constrained the country’s progress despite its entry into the European Union in 2007.
In the eyes of many here, the downfall and execution of Mr. Ceausescu merely removed the leader of the old Communist Bloc’s most intrusive dictatorship, leaving the system beneath largely intact. That continuity between the Communist and post-Communist elites helps explain why resistance to a serious reckoning with past crimes has been particularly strong in Romania, where there is still widespread nostalgia for the Communist era.
“We are coming from very deep and dirty waters,” said Laura Stefan of the Expert Forum, a Bucharest group that campaigns to strengthen the rule of law. “Corruption has a big link to the fact that we haven’t talked about our past,” she said. She welcomed the prosecution of Mr. Visinescu as an encouraging sign, noting that “to even think that these people are guilty and should pay is very new.”
A former work camp commander, Ion Ficior, is also under investigation and may face charges.
Still, Ms. Stefan doubts that the authorities are “really serious” about putting Mr. Visinescu and others in jail. “I am not optimistic at all,” she said.
Fueling those doubts is the fact that Mr. Visinescu has been charged with genocide, which usually applies only to efforts to liquidate, in part or entirely, a religious or ethnic group, not to political repression. And the crimes he is said to have committed stretch back more than half a century, predating the Ceausescu dictatorship, which lasted from 1965 to 1989 and remains a far more politically delicate period because so many members of Romania’s Communist establishment under Ceausescu maintained positions of power even after the fall of the old regime.
The difficulty of making a genocide charge stand up in a Romanian court — and then against any legal challenge at the European Court of Human Rights in Strasbourg, France — has raised concerns among those who have long pushed for justice that the case could prove to be yet another false start in the country’s fitful efforts to come to terms with its past.
“They have charged him with genocide just so they can close this file without a result,” said Dan Voinea, a Romanian criminology professor who served as the prosecutor in the hasty Dec. 25, 1989, show trial of Mr. Ceausescu and his wife, Elena.
Romania’s political and economic elites, Mr. Voinea said, are still dominated by former Communists, their relatives and allies “who want to make sure that the crimes of Communism are never unveiled and never prosecuted in a serious way.”
Indeed, critics of the government say the prosecution of Mr. Visinescu was undertaken only because the prosecutor received a detailed file from the Institute for the Investigation of Communist Crimes, a semi-government body in Bucharest that researches cold cases.
Romania under Mr. Ceausescu was the most authoritarian, Stalinist government in Eastern Europe, a paranoid nightmare in which one in 30 people worked as informers for the ruthless security agency, the Securitate. Mr. Ceausescu’s repression of dissent was so complete that Romanians were forbidden to own typewriters without a police permit.
The General Prosecutor’s office in Bucharest, headed by a former soldier who took part in the shooting of protesters, or so-called terrorists, during the 1989 uprising against Mr. Ceausescu, declined to discuss Mr. Visinescu’s case. It has not explained why it chose to prosecute him with genocide, a crime that will be very hard to prove but may offer a way around a statute of limitations on lesser offenses.
Still, for many here, Mr. Visinescu’s prosecution is significant for bringing a measure of accountability for the first time to a penal system that, according to researchers at the institute in Bucharest, not only subjected prisoners to physical and psychological abuse but, at times, also sought the extermination of the government’s opponents.
That was especially the case at Ramnicu Sarat prison, 95 miles northeast of Bucharest, which was reserved for political offenders singled out for harsh treatment. Mr. Visinescu commanded the prison from 1956 until 1963.
“Evil now has a face in Romania,” said Vladimir Tismaneanu, a University of Maryland professor who headed a 2006 commission set up by the Romanian government to examine Communist-era crimes in general. “It is one thing to have abstract evil, but the public needs to see an individual.”
Aurora Dumitrescu, who was arrested in 1951 at the age of 16 and sent to a women’s prison run by Mr. Visinescu in the town of Mislea, remembers him as “a beast.” She said he delighted in sending inmates to the “black chamber,” a dank, windowless concrete room used for beatings and psychological torture. “For him we were all just animals,” she said.
For his part, Mr. Visinescu, who is accused of direct involvement in six deaths, told the Romanian news media that he could not be held responsible for decisions made by superiors.
Insisting that he had “never killed anything, including a chicken,” Mr. Visinescu told Romanian television that he had merely been carrying out prison rules dictated by the General Directorate of Penitentiaries.
“Yes, people died,” he said. “But people died in other places, too. They died here, there and everywhere. The food and other conditions were all in accordance with the program. If I hadn’t followed the program I would have been thrown out. Then what would I have done?”
Even some of his victims have some sympathy for his argument and wonder why only a relatively minor figure from so long ago is being pursued.
“The chiefs are much more guilty than he is — it was the system,” said Valentin Cristea, 83, the only living survivor among the political prisoners sent to Ramnicu Sarat prison.
Mr. Cristea, a retired electrical engineer who once designed listening devices for Romania’s Interior Ministry, was first jailed in 1956, accused of belonging to a tiny anti-Communist group headed by his aunt and her husband. He spent six years in various jails, including Ramnicu Sarat.
Mr. Cristea said he was never beaten by Mr. Visinescu but, while held in isolation like all other inmates, heard the screams of prisoners who fell victim to the commander’s violent rages. While insisting he has no thirst for revenge, Mr. Cristea says he thinks it is important that the actions of Mr. Visinescu and his chiefs be remembered.
“There should be big photographs of these people in every town so that people can know they existed and remember those terrible times,” he said.
Far from that, with the exception of people directly implicated in the killing of unarmed civilians during the murky 1989 uprising, including the defense minister at the time, no significant figures in the organs of Communist power have been put on trial. Efforts to bar former officials from office have all come to nothing.
When Mr. Tismaneanu’s commission reported in 2006 that more than two million people were killed or persecuted by Communist authorities, President Traian Basescu endorsed the findings and said it was time to judge past crimes so as to lift “the burden of an uncured illness.”
Members of Parliament booed and jeered as he spoke. No prosecutions followed.
“They changed the name of the system and its outward features, but its nature remained the same,” said Anca Cernea, who runs a foundation dedicated to the rule of law and the memory of political prisoners. “The people who are ruling now all come from this system, so they don’t want to punish its crimes. They all say let’s forget and move on.”
Mr. Visinescu, she added, “is definitely a monster, but he is not the only one. They have thrown him to the lions to save themselves. He committed crimes but not genocide.”
George Calin contributed reporting.

Qaeda Plot Leak Has Undermined U.S. Intelligence

Qaeda Plot Leak Has Undermined U.S. Intelligence

WASHINGTON — As the nation’s spy agencies assess the fallout from disclosures about their surveillance programs, some government analysts and senior officials have made a startling finding: the impact of a leaked terrorist plot by Al Qaeda in August has caused more immediate damage to American counterterrorism efforts than the thousands of classified documents disclosed by Edward Snowden, the former National Security Agency contractor.
Since news reports in early August revealed that the United States intercepted messages between Ayman al-Zawahri, who succeeded Osama bin Laden as the head of Al Qaeda, and Nasser al-Wuhayshi, the head of the Yemen-based Al Qaeda in the Arabian Peninsula, discussing an imminent terrorist attack, analysts have detected a sharp drop in the terrorists’ use of a major communications channel that the authorities were monitoring. Since August, senior American officials have been scrambling to find new ways to surveil the electronic messages and conversations of Al Qaeda’s leaders and operatives.
“The switches weren’t turned off, but there has been a real decrease in quality” of communications, said one United States official, who like others quoted spoke on the condition of anonymity to discuss intelligence programs.
The drop in message traffic after the communication intercepts contrasts with what analysts describe as a far more muted impact on counterterrorism efforts from the disclosures by Mr. Snowden of the broad capabilities of N.S.A. surveillance programs. Instead of terrorists moving away from electronic communications after those disclosures, analysts have detected terrorists mainly talking about the information that Mr. Snowden has disclosed.
Senior American officials say that Mr. Snowden’s disclosures have had a broader impact on national security in general, including counterterrorism efforts. This includes fears that Russia and China now have more technical details about the N.S.A. surveillance programs. Diplomatic ties have also been damaged, and among the results was the decision by Brazil’s president, Dilma Rousseff, to postpone a state visit to the United States in protest over revelations that the agency spied on her, her top aides and Brazil’s largest company, the oil giant Petrobras.
The communication intercepts between Mr. Zawahri and Mr. Wuhayshi revealed what American intelligence officials and lawmakers have described as one of the most serious plots against American and other Western interests since the attacks on Sept. 11, 2001. It prompted the closing of 19 United States Embassies and consulates for a week, when the authorities ultimately concluded that the plot focused on the embassy in Yemen.
McClatchy Newspapers first reported on the conversations between Mr. Zawahri and Mr. Wuhayshi on Aug. 4. Two days before that, The New York Times agreed to withhold the identities of the Qaeda leaders after senior American intelligence officials said the information could jeopardize their operations. After the government became aware of the McClatchy article, it dropped its objections to The Times’s publishing the same information, and the newspaper did so on Aug. 5.
In recent months, senior administration officials — including the director of national intelligence, James Clapper Jr. — have drawn attention to the damage that Mr. Snowden’s revelations have done, though most have been addressing the impact on national security more broadly, not just the effect on counterterrorism.
“We have seen, in response to the Snowden leaks, Al Qaeda and affiliated groups seeking to change their tactics, looking to see what they can learn from what is in the press and seek to change how they communicate to avoid detection,” Matthew Olsen, the director of the National Counterterrorism Center, told a security conference in Aspen, Colo., in July.
American counterterrorism officials say they believe the disclosure about the Qaeda plot has had a significant impact because it was a specific event that signaled to terrorists that a main communication network that the group’s leaders were using was being monitored. The sharpest decline in messaging has been among the Qaeda operatives in Yemen, officials said. The disclosures from Mr. Snowden have not had such specificity about terrorist communications networks that the government is monitoring, they said.
“It was something that was immediate, direct and involved specific people on specific communications about specific events,” one senior American official said of the exchange between the Qaeda leaders. “The Snowden stuff is layered and layered, and it will take a lot of time to understand it. There wasn’t a sudden drop-off from it. A lot of these guys think that they are not impacted by it, and it is difficult stuff for them to understand.”
Other senior intelligence and counterterrorism officials offer a dissenting view, saying that it is difficult, if not impossible, to separate the impact of the messages between the Qaeda leaders from Mr. Snowden’s overall disclosures, and that the decline is more likely a combination of the two.
“The bad guys are just not going to talk operational planning electronically,” said one senior counterterrorism official. Moreover, that official and others say, it could take months or years to fully assess the impact of Mr. Snowden’s disclosures on counterterrorism efforts.
Over the past decade, the N.S.A. has invested billions of dollars in a clandestine campaign to preserve its ability to eavesdrop. The agency has circumvented or cracked much of the encryption, or digital scrambling, that guards global commerce and banking systems, protects sensitive data like trade secrets and medical records, and automatically secures the e-mails, Web searches, Internet chats and phone calls of Americans and others around the world, according to documents provided by Mr. Snowden.
The government’s greatest fear concerning its counterterrorism operations is that over the next several months, the level of intercepted communications will continue to fall as terrorists most likely find new ways to communicate with one another, one senior American official said. It will likely take the government some time to break into that method and monitor communications.
One way the terrorists may try to communicate, the official said, is strictly through couriers, who would carry paper notes or computer flash drives. If that happens, the official said, terrorists will find it very difficult to communicate as couriers take significant time to move messages.
“The problem for Al Qaeda is they cannot function without cellphones,” said one former senior administration official. “They know we listen to them, but they use them anyhow. You can’t run a sophisticated organization without communications in this world. They know all this, but to operate they have to go on.”
A senior intelligence official put it this way: “They are agile, we are agile. When we see a change in behavior, our guys are changing right along with it, or we’re already seeing it and adapting to it. Our capabilities are changing in hours and days, versus weeks and months like we used to.”
To be sure, Qaeda leaders and their top lieutenants use other secure electronic communications as well as old-fashioned means — like couriers, as Bin Laden did — that pose major challenges to American intelligence services.
In the past few months, the Global Islamic Media Front, the propaganda arm of Al Qaeda and other Islamic terrorist groups, has released new software that allows users to encrypt communications for instant-messaging and cellphones. Officials say these new programs may pose fresh challenges for N.S.A. code breakers.
Jihadists have been working on camouflaging their communications through encryption software for years.
Al Qaeda’s use of advanced encryption technology dates to 2007, when the Global Islamic Media Front released the Asrar al-Mujahedeen, or so-called “Mujahedeen Secrets,” software. An updated version, Mujahedeen Secrets 2, was released in January 2008, and has been revised at least twice, most recently in May 2012, analysts said.
The program was popularized in the first issue of Inspire, Al Qaeda in the Arabian Peninsula’s quarterly online magazine, in a July 2010 post entitled “How to Use Asrar al-Mujahedeen: Sending and Receiving Encrypted Messages.”
Since then, each issue of Inspire has offered a how-to section on encrypting communications, recommending MS2 as the main encryption tool.
Shortly after Mr. Snowden leaked documents about the secret N.S.A. surveillance programs, chat rooms and Web sites used by jihadis and prospective recruits advised users how to avoid N.S.A. detection, from telling them to avoid using Skype to recommending specific online software programs like MS2 to keep spies from tracking their computers’ physical locations.
A few months ago, the Global Islamic Media Front issued new software that relies on the MS2’s “Asrar al-Dardashah, or “Secrets of Chatting,” which allows users to encrypt conversations over instant-messaging software like Paltalk, Google Chat, Yahoo and MSN, according to Laith Alkhouri, a senior analyst at Flashpoint Global Partners, a New York security consulting firm that tracks militant Web sites.
In early September, the Global Islamic Media Front said it had released an encryption program for messages and files on mobile phones running the Android and Symbian operating systems.
According to the group, the software can encrypt text messages and files and send them by e-mail or between cellphones with different operating systems. The software also lets users securely check e-mail and prevents users from receiving nonencrypted messages, the group claimed.

Veolia transportation firm divests from Israeli settlement bus lines

Veolia transportation firm divests from Israeli settlement bus lines

 Monday September 30, 2013 00:13 by Saed Bannoura – IMEMC News

After a campaign beginning more than six years ago, activists with the global Boycott, Divestment and Sanctions movement have declared a major victory this week, when the French transportation company Veolia Transdev (partially owned by environmental services company Veolia Inc.) sold off its bus lines which operate in the Israeli-occupied Palestinian Territories.
Protest sign saying Veolia Discrimination (image by bdsmovement.net)
Protest sign saying Veolia Discrimination (image by bdsmovement.net)
Veolia remains a target of the boycott and divestment campaigners, however, as the main owner/operator of the Tovlan Landfill, and the provider of wastewater services to the illegal Israeli settlement Modi’in Ilit.
The activists began targeting the company when Israeli supporters of the movement researched the owners of the segregated bus lines that run from Israel into the settlement colonies constructed throughout the West Bank and East Jerusalem in contravention of international law. These buses are ‘Jewish-only’, and Palestinians who attempt to ride on them are arrested. The Israeli activists published their findings on the website http://www.whoprofits.org, and global activists began to protest the French parent company, as well as the subsidiary that owned the bus lines until it divested this week.
Although no reason was given for the sale, activists with the BDS movement say that they believe it was the years-long international pressure campaign that pushed the company to divest. The campaign writes on their website, http://www.bdsmovement.net, “In the U.S., member groups from Los Angeles to Boston have taken Veolia to task in their city councils and municipal departments. Peace-seeking Quakers achieved divestment from Veolia, while member groups in Yolo and Sonoma Counties, CA, and St. Louis, MO celebrated local victories and major breakthroughs catching the attention of Israeli officials, Veolia headquarters, mayoral candidates, and popular media.
“These activities, combined with parallel campaigns across the world, have imposed a significant cost to Veolia for its ongoing participation in Israel’s occupation and apartheid policies — a cost that Veolia can no longer ignore, as evidenced by the recent news.”
The global Boycott Divestment and Sanctions movement aims to use economic pressure to get the Israeli government to adhere to its obligations under international law, and end the military occupation of Palestinian land, and the transfer of its civilian population into illegal settlements constructed on stolen Palestinian land.
The movement takes its inspiration from a similar campaign in the 1970s and 80s focused on the discriminatory and racist system of government in South Africa at the time, known as ‘apartheid’. The anti-apartheid movement included an economic boycott of companies invested in the apartheid system, as well as an academic, cultural and sports boycott, in which academics and athletes from South Africa were shunned at world events. This pressure campaign contributed to the downfall of the apartheid regime, which ended in 1994.
South African activists are among the leaders of the current campaign to pressure Israel to end its discriminatory policies against the indigenous Palestinian population. These activists say that they see many parallels between the ‘whites-only’ policies of the South African apartheid regime and the discriminatory policies of the Israeli government.

Bahrain’s main prison overcrowded

Report urges authorities to separate young prisoners and install surveillance cameras
  • By Habib Toumi Bureau Chief
  • Published: 14:23 September 26, 2013

Manama: Bahrain’s main prison is operating at 33 per cent over capacity and authorities should promptly step in to reduce the overcrowding, an official report said.
The prison in Jaw held 1,608 prisoners, but had a capacity of only 1,201, according to the report drafted by the country’s Ombudsman following a three-day visit from September 3-5 to the facility in the south of Bahrain.
The report urged authorities to separate prisoners aged between 15 and 18 from other categories and to install surveillance cameras in all buildings, corridors and wards.
“We used standards and criteria that will consolidate the professionalism of our tasks within a general framework that includes respect for human rights, the consolidation of justice and rule of law and the strengthening of public trust,” Nawaf Al Mouawda, the Ombudsman, told the media in the capital Manama.
“The standards and criteria modelled after international [ones] are our principal references,” he said.
The visits are in line with the implementation of Recommendations 1717 and 1722, paragraph (d), issued by the Bahrain Independent Commission of Inquiry (BICI), the international fact-finding panel that looked into the events that occurred in February and March 2011 and published a report with a set of recommendations in November the same year.
Standards adopted and followed by the ombudsman under the section of treatment and conditions included respect, safety, legal use of force, physical conditions, prisoner or detainee care, ensuring prisoners or detainees are offered sufficient food and drink, prisoners or detainees are offered outside exercise, reading materials and the opportunity to have visits and calls, prisoner or detainee transportation, rehabilitation, learning and work and skills activities.
Standards under the section of individual rights included the legality of imprisonment or detention and ensuring prisoners or detainees who have difficulty communicating are adequately provided for.
Under the healthcare section, the standards to be upheld were health services, patient care, and making sure prisoners or detainees receive prescribed medication and psychological health care.
Osama Ahmad Al Asfoor, the Deputy to the Ombudsman, said that the criteria and standards were used for the first time during the visit to the Rehabilitation and Correction in Jaw.
“A team from the ombudsman assessed the implementation of the criteria related to humane treatment, the conditions of the centres, the legal rights and guarantees of the detainees and the health care available,” he said.
The team interviewed prisoners, detainees and staff on a number of issues to assess the implementation of the criteria and standards, he said.
The team also had access to documents, records, information and statistics that helped the members with drafting the report.
“Our report included a set of general recommendations and special healthcare recommendations,” Al Asfoor said.
The Ombudsman was formally launched in July.
Report recommendations
General recommendations

1. Take urgent action to address the problem of overcrowding in cells. It must be reiterated that the at the time of inspection the facility held 1,608 prisoners where its maximum intended capacity was 1,201 only.
2. Separate prisoners aged between 15 and 18 years old from the other categories and find ways to treat them in a manner that meet their diverse needs.
3. Draft rules that specify the methods and cases of prisoners’ searches. A team should be trained in accordance with these rules.
4. Modify the copies of regulations and instructions received by prisoners so as to clarify their rights and obligations clearly and adequately.
5. Set up clear and specific procedures on complaints, grievances and the protection of complainants.
6. Install surveillance cameras in all buildings, corridors and wards, according to the international standards in this regard.
7. Draft written rules to regulate telephones calls and increase the number of phone booths.
8. Maintain and renovating the wards and facilities periodically.
9. Allocate classrooms to enable students to continue their education, with the adoption of incentives to encourage them to carry on with their learning.
10. Allocate rehabilitation and productive classes to use the prisoners’ energies and skills. All prisoners should be included in the programmes, regardless of whether their terms are short or long.
11. Hold specialised training sessions for all staff to boost their aptitude to deal with prisoners
12. Increase the number of staff dealing with prisoners and appointing social workers.
13. Take the necessary measures to ensure the food supplier/caterer commitment to supply various varieties of foods according to the contract, taking into account the conditions of prisoners with special diets.

Special healthcare recommendations
1. Increase the number of doctors, nurses and administrative staff in the clinic.
2. Take the necessary measures to raise the level of cleanliness in the clinic.
3. Ensure the maintenance and periodic update of medical devices and equipment
4. Develop a mechanism to enable diabetic patients to receive insulin injections.
5. Extend the periods of work in the pharmacy to meet the needs of the clinic

Saturday, September 28, 2013

The Prison Rape Elimination Act of 2003: The Impact of National PREA Standards on Community Corrections

The Prison Rape Elimination Act of 2003: The Impact of National PREA Standards on Community Corrections


ANNOTATION: Wondering how the Prison Rape Elimination Act (PREA) impacts the management of offenders in the community? Then this is the resource for you. This handbook aims to educate community corrections staff on: why community correctional staff and administrators need to be concerned about sexual abuse of offenders; identifying inappropriate relationships with and between offenders; the impact of the National PREA Standards on agency policies, practices and special concerns community correctional staff have in addressing PREA; where reports of sexual abuse may come from and the duties of first responders; what the consequences are for sexual abuse of offenders; and how community correctional staff members can prevent sexual abuse of offenders. “This publication provides guidance for departments and agencies supervising adults on community supervision. Because the National PREA Standards cover juvenile community corrections under the juvenile standards, this publication will focus on adults. However, there are resources developed addressing juveniles under community supervision.”
Download/View

ExxonMobile Extends Benefits To Gay Married Couples, But Still Faces Discrimination Lawsuit

ExxonMobile Extends Benefits To Gay Married Couples, But Still Faces Discrimination Lawsuit

by Will Kohler
Exxon
Notorious for denying benefits to the partners of its gay and lesbian employees, even stripping those benefits that had offered by Mobil when it subsumed that company in an acquisition, will now be extending the same benefits to all married employees.
The company says it will recognize "all legal marriages" when it determines eligibility for health care plans for the company's 77,000 employees and retirees in the U.S. That means if a gay employee has been married in a state or country where gay marriage is legal, his or her spouse will be eligible for benefits with the company starting next year.
Despite this extension of benefits to same sex married couples ExxonMobil  still faces a major anti-gay discrimination lawsuit in Illinois for it's hiring practices.
Tico Almeida, the founder and president of that group, Freedom to Work, cheered Friday’s announcement – sort of.
“After years of stubbornly refusing, we commend Exxon for joining the majority of the Fortune 500 business leaders that already treat gay and lesbian married couples equally under employee benefit plans. It’s a shame Exxon waited until after the Labor Department issued official guidance explaining that their old policy does not comply with American law, and now it’s time to move forward.
We'd like to begin settlement talks next week in our Illinois lawsuit stemming from evidence that Exxon gave hiring preference to a less qualified straight applicant over a more qualified lesbian applicant. It's time for Exxon to stop wasting its shareholders’ money by running up legal bills on discrimination proceedings that can be settled right away if the corporation would simply add LGBT protections to Exxon's official equal employment opportunity document."
SNAP!
Will Kohler

Antigay Pol Claims His Antigay Comments Were Taken 'Out of Context' [not according to history..]

Antigay Pol Claims His Antigay Comments Were Taken 'Out of Context'

But that's not the case, really.

BY Michelle Garcia

September 25 2013 3:45 PM ET

Virginia lieutenant governor candidate E.W. Jackson claims that the homophobic comments that he has been criticized for making have been taken "out of context."
"I believe in the power of love, I've been teaching it for 30 years," he said Tuesday. "I don't I treat anybody with disrespect, and those comments have been taken completely out of context."
As previously reported, Jackson has a long history of incendiary statements, including comparing Planned Parenthood to the Ku Klux Klan, claiming that gays and lesbians have "perverted" minds and are "very sick people psychologically, mentally, and emotionally," saying openly gay and lesbian soldiers are "sexually twisted," and advocating for a law that would have required women to report miscarriages to police or face jail time.
Jackson, a Republican, tweeted that President Barak Obama's declaration that June was LGBT Pride Month made him "feel ikky [sic] all over. Yuk!"
Jackson defended his character at a debate Tuesday, but a new ad shows that his record of antigay statements has plenty of documentation:

http://www.youtube.com/watch?feature=player_embedded&v=C_hho0opWX4

Friday, September 27, 2013

Catholic Military Chaplains Barred From From Performing Gay Weddings, Funerals, Counseling

Catholic Military Chaplains Barred From From Performing Gay Weddings, Funerals, Counseling
 
(RNS) Catholic military chaplains cannot be forced to witness or bless a same-sex marriage, nor are they allowed to take part in any marriage counseling retreats that are open to gay couples under new rules issued by the Archdiocese for the Military Services.
The rules, sent to chaplains on Sept. 18 by Archbishop Timothy P. Broglio, head of the AMS, also bar chaplains from taking part in a funeral for a Catholic if that participation “would give the impression that the church approves of same sex ‘marital’ relationships.”
But the new rules also set out conditions that would allow Catholic military commanders to comply, without violating their beliefs, with rules giving same-sex couples under their command federal employee benefits as required by law.
Broglio cited an interpretation from the National Catholic Bioethics Center explaining that Catholic commanders can morally facilitate benefits for gay couples in their command if there was no other way to avoid it without jeopardizing their career.
“This is also contingent on the commander making known his/her objection to being required to … participate, as well as on attempting through legal channels to continue to accomplish changes in policy consistent with the historic understanding of marriage and family as based on natural moral law,” said the statement from the bioethics center.
Broglio promulgated the rules in response to the military’s repeal of the Don’t Ask/ Don’t Tell policy for service personnel and the Supreme Court’s decision this summer to strike down a key component of the federal Defense of Marriage Act.
The new policies were expected and follow similar guidelines issued last month by the Southern Baptist Convention for its chaplains.
But they came out just a day before the release of a groundbreaking interview in which Pope Francis said the church was “obsessed” with issues like gay rights and called for a “new balance” in its public witness.
There are 234 priests serving as active duty chaplains in the Army, Air Force and Navy for about 275,000 Catholic military personnel. About 25 percent of all personnel in the armed forces are Catholic, and eight percent of military chaplains are Catholic. Southern Baptists have nearly 1,500 endorsed chaplains serving in the U.S. military, more than any other denomination or faith group.
In his statement, Broglio said the new federal policy on gay marriage and gay rights for military personnel “makes it necessary to reiterate with clarity the teaching of the Catholic Church regarding homosexuality.”
He said that same-sex couples account for less than half of one percent of couples in the armed forces and “such a small group cannot be allowed to mandate policy for all.”
“A clear disservice is rendered if the truth of the Gospel is confused by the actions of those ordained to disseminate that truth,” the archbishop said, adding that chaplains should also “never forget that it is the sin that is hated and never the sinner.”
The new rules also reiterate that “anyone who is known to be in a sinful relationship is excluded from ministries” such as serving as a lector, catechist, altar server or from giving out Communion.
Last year, Congress approved conscience protections for military members that allow them to express their personal beliefs without fear of punishment.

Appeals court to weigh how much is too much solitary confinement

Appeals court to weigh how much is too much solitary confinement
September 24, 2013  -  By:   -  Extended Isolation/sensory deprivation, Extended Solitary Confinement  -  No Comment   //   36 Views

Tommy Silverstein has spent 15,778,470 minutes and counting alone in tiny cement boxes at prisons like ADX in Colorado. Uncle Sam says those 30 years in isolation haven’t harmed him.

Susan Greene
DENVER — By law, you get 15 minutes to argue in the U.S. Tenth Circuit Court of Appeals. The rules are the rules.
Yet that rule comes across as painfully ironic in the case of a man who has spent a million times that limit — 15,778,470 minutes and counting – in prison isolation. Tommy Silverstein, 61, has lived in solitary confinement nearly half his life, and longer than any other prisoner held by the federal government.
Silverstein won’t be allowed to visit Denver’s Byron White Courthouse on Tuesday to challenge the U.S. District Court ruling that said he has been unharmed by living for 30 years alone in a cell that’s smaller than a wheelchair-accessible parking spot or a Chevy Suburban. Silverstein says he gets less than a minute per day of human contact, mainly in the form of officers passing food trays in and out of the slot in his cell door or asking “Rec?” — guard-speak for “would you like to go outside?” They mean for an hour in an isolated exercise cage known among prisoners as a “dog run.”
Silverstein is no choir boy. He robbed a bank as a young man. He was later convicted of killing two men in prison. And he led the Aryan Brotherhood, a national prison gang, through the early 1980s.
In 1983, he fatally stabbed officer Merle Clutts at the U.S. Penitentiary in Marion, Illinois. That killing coincided with another murder of a guard by a prisoner that same day at Marion, which had replaced Alcatraz as the federal government’s highest security prison. Those murders punctuated a rash of prison violence that decade and led to a national movement to build supermax prisons made up exclusively of solitary confinement cells for prisoners who, like Silverstein, were deemed to be the “worst of the worst.” The U.S. Bureau of Prisons built its supermax, the United States Penitentiary, Administrative Maximum Facility – commonly referred to as ADX – in Florence, Colorado. Known as the crown jewel of the federal system, ADX is considered the most secure prison on the planet. No one has ever escaped.
handsThe buzzing
In the 22 years between the Marion killing and his transfer to ADX, Silverstein occupied a series of specially made, extremely isolated cells under a “no human contact” order.
At the United State Penitentiary, Atlanta, he was allowed to wear underwear, but no clothing. He was placed in an underground cell. He had no reliable way to measure time.
“The cell was so small that I could stand in one place and touch both walls simultaneously. The ceiling was so low that I could reach up and touch the hot light fixture,” Silverstein wrote in a legal declaration. “I could lie down. I could sit on my bed, or I could stand. When lying down, I could easily touch both ends of the cell, one end with my head, the other end with my feet.
“The bright, artificial lights remained on in the cell constantly, increasing my disorientation and making it difficult to sleep. Not only were they constantly illuminated, but those lights buzzed incessantly. The buzzing noise was maddening, as there often were no other sounds at all. This may sound like a small thing, but it was my entire world.”
Silverstein described the terror of being in the Atlanta cell while a construction crew added more bars and security measures around him.
“In order not to be burned by sparks and embers while they welded more iron bars across the cell, I had to lie on my bed and cover myself with a sheet. It is hard to describe the horror I experienced during this construction process. As they built new walls around me it felt like I was being buried alive.”
He then spent 15 years in another cell, dubbed “the Silverstein Suite,” in a basement at Leavenworth. The cell was specially rigged with remotely operated lights, locks, doors, cameras and intercoms that deprived him of virtually all human contact. On the one or two days a year he had to leave the cell for a medical or legal appointment, he was chained to a wheelchair and escorted by more than a dozen guards.
Too much alone, too long
Two top national prison experts said the conditions Silverstein has endured are the most severe they’ve ever encountered.
“Not only has he been subjected to the most extreme forms of isolation I have ever seen — placed in housing units that were literally designed to isolate him as completely as possible from other human beings — but he also has been confined in these places for an extraordinary length of time,” wrote Dr. Craig Haney, a psychology professor at the University of California, Santa Cruz, who has studied solitary confinement for 30 years.
Steve Martin, another noted prison expert, wrote: “The level of near total isolation from all human contact is unprecedented in my 38 years experience in corrections, which includes experience with numerous death rows and ultra-high security facilities across the U.S.”
Laura Rovner, director of the student law clinic at the University of Denver, is Silverstein’s longtime lawyer who has worked with several crews of law students representing him. On Tuesday, she’ll challenge a 2011 U.S. District Court decision that upheld the Bureau of Prison’s assertions that Silverstein’s decades in solitary haven’t deprived him of life’s basic necessities. Judge Philip Brimmer sided with the BOP’s lawyers from U.S. Attorney John Walsh’s office that the case shouldn’t go to trial.
gitmo solitary Walsh’s office refused comment on the case.
The question before the three-judge appeals panel Tuesday morning will be whether there are factual issues in dispute that would warrant a trial. Among those are:
• The Bureau’s claim that 30 years in isolation haven’t harmed Silverstein. Experts who have evaluated him have found extensive evidence of depression, cognitive impairment, memory loss, hallucinations, severe anxiety disorder, panic attacks that make his him breathless and shaky in the company of others, and paranoia that leads him to hear voices whispering to him through vents.
• The Bureau’s assertion that Silverstein is too dangerous to lessen the extreme solitary confinement conditions in which he is housed. Silverstein’s lawyers challenge this argument based on the two best predictors of a prisoner’s future dangerousness. One is age. At 61, Silverstein has statistically aged out as posing a risk of violence. Another predictor is recent behavior. His prison record has been clean for more than two decades.
Rovner will argue that Silverstein should have his day in court to determine whether 30 years in extreme isolation amounts to cruel and unusual punishment. Silverstein is not requesting anyone to lift his three life sentences. Rather, having spent years studying Buddhism in prison, he wants to demonstrate at trial that he has changed. He also wants a shot at working his way out of solitary and some day dining and playing checkers with other prisoners and hugging his two children.
“I am quickly becoming an old man. I spend most of my days crocheting items for my family and my legal counsel and working on my artwork. It is hard to reconcile the [Bureau's] description of me as frightening and scary, when the people who see me here know I am a man peering through bifocals trying to count the number of stitches to make and afghan,” he wrote. “It’s hard, if not impossible, for me to prove what is actually in my mind and what is not. All I can do is ask that others look at my current behavior and explain that it reflects my intention never to act violently again, ever. I know the consequences – both to myself and others – that will follow. And, more importantly, I know that this is not who I wish to be.”
For Rovner and the dozens of D.U. law clinic students who over the years have revolved on and off of his case, Silverstein is an amiable and grateful client who crochets hats, mittens, scarves and blankets for them and their relatives. When he has art supplies, he uses pastels and paint to make them artwork.
Both unusual and overused
That said, and despite his public apologies for his crimes, a three-time prison killer and former Aryan Brotherhood leader isn’t the most sympathetic figure in the growing national movement to end long-term solitary confinement. Silverstein’s case pivots not on redemption but on what, given all the research on the psychological harm of extreme isolation, is deemed to be cruel and unusual treatment of prisoners.
“The 8th Amendment is about what we as a society are willing to sanction as punishment. It has built into it this notion of evolving standards decency that mark the progress of a maturing society,” Rovner said. “The amendment doesn’t just protect people who are catatonic or floridly psychotic. It protects people from being harmed by the minimal civilized measure of life’s necessities, especially for what has been an unthinkable period of time.”
In 2011, Juan Mendez, the United Nations special rapporteur on torture, issued a statement calling for an “absolute prohibition” of solitary confinement beyond fifteen days. He has asked, but not been allowed to tour ADX. The prison is the subject of a federal class action lawsuit about how it treats its mentally ill prisoners, some of whom starve themselves, self-mutilate to the point of cutting off their testicles or, as was the case with prisoner Robert Knott earlier this month, hang themselves with bed sheets.
Mental health professionals, state legislatures and human rights organizations have condemned prolonged isolation, which is defined by the American Psychiatric Association as a period greater than three to four weeks.
“Given that four weeks of solitary confinement was described as potentially harmful, the 30-year duration in this case compels scrutiny. If shorter periods of solitary confinement have resulted in psychological distress and symptoms, it is not unreasonable to assume that substantially longer durations provide a greater risk of serious health consequences,” several national groups and experts wrote the court on Silverstein’s behalf.
A division of the U.S. Justice Department, under the federal Civil Rights of Institutionalized Persons Act (CRIPA), has investigated and found violations of state prisons for the overuse of solitary confinement. Perhaps the greatest irony about Silverstein’s case is that solitary confinement as practiced by the Bureau of Prisons, also an arm of the Justice Department, is exempt from that civil rights division’s review.
[ All images by Tommy Silverstein. Top image caption: "Escort to prison hospital a 100 yard's from cell for dental check up (I've left the cell about 4 times in 18 years and counting!)" ]
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