July 3, 2015


News Clips For The Day


http://www.npr.org/sections/parallels/2015/07/01/418905297/whos-behind-a-string-of-bombings-in-ukraines-black-sea-pearl

Who's Behind A String Of Bombings In Ukraine's Black Sea 'Pearl'?
Corey Flintoff
July 1, 2015

Photograph -- Police search the area near a destroyed billboard reading "Crimea is Ukraine!" following an explosion in Odessa on June 12.
Alexey Kravtsov/AFP/Getty Images

Oleg Konstantinov, the editor of a news website called Dumskaya in Ukraine's port city of Odessa, pulls up a map on a computer screen in his small, crowded newsroom. It's dotted with red, yellow, orange and green fire-burst icons, indicating where 34 bombings have taken place in the city over the past year or so.

Konstantinov and his fellow journalists have been plotting the locations, looking for patterns in the data from the attacks and trying to figure out who organized them.

"These bombings were obviously committed by different groups," Konstantinov says, as he moves his cursor over the icons. "We're basing that conclusion on the kind of targets they chose, the type of explosives they used, the timing of the attacks — actually, quite a number of facts."

Security forces have arrested suspects in several of the attacks and Konstantinov says they, too, fit a pattern. They're all men who want to see Odessa and its region split from Ukraine and become part of Russia. Konstantinov says they tend to be middle-aged, poorly educated Soviet army veterans who may belong to different pro-Russian fringe groups.

Part Of A Bigger Conflict


Related Stories

Photographs: --
Mikheil Saakashvili (center) is the former president of Georgia, which waged a brief war with Russia in 2008. Last month, Ukrainian President Petro Poroshenko (left) named Saakashvili the governor of Odessa, the port city in Ukraine, a country waging its own battle with Russia. The two are shown in Odessa on May 30.

Russian President Vladimir Putin met Wednesday with Italian officials and Pope Francis, as the U.S. sought to encourage the Vatican to join the West in condemning Moscow's actions in Ukraine.

Snapshot Sleuthing Confirms Russian Military Presence In Ukraine


Known as the "pearl of the Black Sea," Odessa has always been a crucial trade hub as well as a rich prize in centuries of wars and political intrigue. Nowadays, it's key to the conflict between Ukraine and Russia — which began in February of last year, when Russia seized Ukraine's Crimean Peninsula, east of Odessa.

The process of understanding the city's recent attacks becomes a lot less analytical when you talk with people who've experienced the bombings, like Natasha Vasyuchenko.

She's a small woman with a weathered face and a smoker's husky voice, working the night shift in a cigarette kiosk on a busy street in one of the grittier parts of Odessa.

She was dozing when she was snapped awake by a blast in the wee hours of June 12.

"Something like an earthquake happened and all the cigarettes just fell down off the shelves," she says. "The police appeared, and then I walked to the corner and saw this destroyed billboard."

A few minutes later, there was a second blast.

Both bombs shredded billboards carrying the slogan "Crimea is Ukraine!"

Konstantinov says that unlike bombings in some other Ukrainian cities, these attacks don't seem to be targeting civilians. Only one person so far has been killed, a street cleaner who may have picked up a bomb by accident.

"The impression is that these people are trying to get attention for their cause rather than do real damage," he says. "In that sense, they're not acts of sabotage but more like classical terrorist acts," he says.

The implication, he says, is that the bombers don't want to alienate the population, in hopes that more Odessans will eventually embrace the separatist cause.

Concern Over Russian Spies

Another online journalist, Vera Zaporozhets, an editor at the news website Southern Courier, tells me the investigations of the bombings are complicated by the fact that Ukraine's security services have long been infiltrated by Russian agents.

"You probably realize that there are Russian spies in Odessa, even in the security service," she says. "And all those people still keep working — in the police and prosecutor's office."

Zaporozhets says there's only a small group of security service officers who are really trying to prevent terrorist attacks — and they're helped by civilian volunteers.

Vadim Labas, the lead research analyst for a group called Oberig, a Slavic word that means "protective charm" or "amulet," is one of those volunteers. His group gathers information and passes along tips to trusted members of the security services and journalists.

Oberig's researchers discovered that pro-Russian organizers were paying people to stage demonstrations for separatist-related causes over the past year. The researchers tipped off journalists, who exposed the payoffs in local media.

Labas says he knows there's a danger of retaliation from the pro-Russian side.

"They have a list of people who oppose them, with photos and profiles," he says, "and they've promised that after they take over Odessa, there will be tribunals and public executions of 'traitors' in the city soccer stadium."

He and his colleagues are determined to make sure that day never comes.

"We know it's a dangerous situation," he says, "but we keep on fighting."



https://en.wikipedia.org/wiki/Odessa

Odessa
From Wikipedia, the free encyclopedia

Odessa or Odesa (Ukrainian: Оде́са, [oˈdɛsɐ]; Russian: Оде́сса; IPA: [ɐˈdʲesə]) is the third largest city in Ukraine with a population of 1,003,705. The city is a major seaport and transportation hub located on the northwestern shore of the Black Sea. Odessa is also an administrative center of the Odessa Oblast and a multiethnic major cultural center.

The predecessor of Odessa, a small Tatar settlement, was founded by Hacı I Giray, the Khan of Crimea, in 1440 and originally named after him as "Hacıbey"[citation needed]. After a period of Lithuanian control, it passed into the domain of the Ottoman Sultan in 1529 and remained in Ottoman hands until the Ottoman Empire's defeat in the Russo-Turkish War of 1792.

In 1794, the city of Odessa was founded by a decree of the Empress Catherine the Great. From 1819 to 1858, Odessa was a free port. During the Soviet period it was the most important port of trade in the Soviet Union and a Soviet naval base. On 1 January 2000, the Quarantine Pier at Odessa Commercial Sea Port was declared a free port and free economic zone for a period of 25 years.

Odessa is a warm water port. The city of Odessa hosts two important ports: Port of Odessa itself and Port Yuzhne (also an internationally important oil terminal), situated in the city's suburbs. Another important port, Illichivsk, is located in the same oblast, to the south-west of Odessa. Together they represent a major transport hub integrating with railways. Odessa's oil and chemical processing facilities are connected to Russia's and EU's respective networks by strategic pipelines.

Since the Second World War[edit]

Ships at anchor in Odessa – the USSR's largest port, 1960
During the 1960s and 1970s, the city grew tremendously. Nevertheless, the majority of Odessa's Jews emigrated to Israel, the United States and other Western countries between the 1970s and 1990s. Many ended up in the Brooklyn neighborhood of Brighton Beach, sometimes known as "Little Odessa". Domestic migration of the Odessan middle and upper classes to Moscow and Leningrad, cities that offered even greater opportunities for career advancement, also occurred on a large scale. Despite this, the city grew rapidly by filling the void of those left with new migrants from rural Ukraine and industrial professionals invited from all over the Soviet Union.

Nowadays the city is undergoing a phase of widespread urban restoration.

As a part of the Ukrainian Soviet Socialist Republic, the city preserved and somewhat reinforced its unique cosmopolitan mix of Russian/Ukrainian/Jewish culture and a predominantly Russophone environment with the uniquely accented dialect of Russian spoken in the city. The city's unique identity has been formed largely thanks of its varied demography; all the city's communities have influenced aspects of Odessan life in some way or form.

Odessa is a city of more than 1 million people. The city's industries include shipbuilding, oil refining, chemicals, metalworking and food processing. Odessa is also a Ukrainian naval base and home to a fishing fleet. It is known for its large outdoor market – the Seventh-Kilometer Market, the largest of its kind in Europe.

The city has seen violence in the 2014 pro-Russian conflict in Ukraine. The 2 May 2014 Odessa clashes between pro-Ukrainian and pro-Russian protestors killed 42 people. Four were killed during the protests, and at least 32 protesters were killed after a trade union building was set on fire.[13] Polls conducted from September to December 2014 found little support for joining Russia.[14][15]

Odessa was struck by three bomb blasts in December 2014, one of which killed one person (the injuries sustained by the victim indicated that he had dealt with explosives).[16][17] Internal Affairs Ministry advisor Zorian Shkiryak said on 25 December that Odessa and Kharkiv had become "cities which are being used to escalate tensions" in Ukraine. Shkiryak said that he suspected that these cities were singled out because of their "geographic position".[16] On 5 January 2015 the city's Euromaidan Coordination Center and a cargo train car were (non-lethally) bombed.[18]




NPR -- "These bombings were obviously committed by different groups," Konstantinov says, as he moves his cursor over the icons. "We're basing that conclusion on the kind of targets they chose, the type of explosives they used, the timing of the attacks — actually, quite a number of facts." Security forces have arrested suspects in several of the attacks and Konstantinov says they, too, fit a pattern. They're all men who want to see Odessa and its region split from Ukraine and become part of Russia. Konstantinov says they tend to be middle-aged, poorly educated Soviet army veterans who may belong to different pro-Russian fringe groups. …. You probably realize that there are Russian spies in Odessa, even in the security service," she says. "And all those people still keep working — in the police and prosecutor's office." Zaporozhets says there's only a small group of security service officers who are really trying to prevent terrorist attacks — and they're helped by civilian volunteers.”

Wikipedia -- “Internal Affairs Ministry advisor Zorian Shkiryak said on 25 December that Odessa and Kharkiv had become "cities which are being used to escalate tensions" in Ukraine. Shkiryak said that he suspected that these cities were singled out because of their "geographic position".[16] …. As a part of the Ukrainian Soviet Socialist Republic, the city preserved and somewhat reinforced its unique cosmopolitan mix of Russian/Ukrainian/Jewish culture and a predominantly Russophone environment with the uniquely accented dialect of Russian spoken in the city. …. The city has seen violence in the 2014 pro-Russian conflict in Ukraine. The 2 May 2014 Odessa clashes between pro-Ukrainian and pro-Russian protestors killed 42 people. Four were killed during the protests, and at least 32 protesters were killed after a trade union building was set on fire.[13] Polls conducted from September to December 2014 found little support for joining Russia.[14][15]”

There is no question in my mind that Russia wants to control all of Ukraine, and that the conflict will continue until they get it. I do hope the US, the EU and NATO will move against them by supporting the Ukrainian people in this conflict, as Ukraine is just one step for Putin away from Poland and the other former USSR members who have now joined the EU. If Europe is to be safe in future generations, I feel that we may need to oppose Russia frontally at some time, plus the fact that the US is not going to be safe if a healthy and secure Europe is not behind us. Unfortunately the EU has not always backed the US against Russia in the last few years, partly because they want Russian oil and natural gas at a cheap price and partly because they fear Russian aggression. That very fear should make them join together more firmly against them though, as their strength will be their salvation.





http://www.npr.org/sections/parallels/2015/07/02/418920909/sunnis-flee-the-islamic-state-but-still-fall-under-suspicion

Sunnis Flee The Islamic State, But Still Fall Under Suspicion
Alice Fordham
JULY 02, 2015

Photograph -- Sunni women who fled violence in Iraq's western province of Anbar settle at a mosque in Baghdad in April. Many Sunnis have moved out of areas controlled by the Islamic State, a Sunni extremist group. However, the displaced Sunnis are often treated with suspicion when they move into mostly Shiite areas like Baghdad.
Reuters/Landov

The al-Nidaa mosque in northern Baghdad looks grand, with clean, modern lines swooping up to a blue mosaic dome. But inside it's squalid, with piled-up mattresses, cooking pots and almost 60 families. Most are Sunni Muslims who fled the western province of Anbar when the self-proclaimed Islamic State advanced against the Iraqi security forces two months ago.

"We suffered a lot in our journey," says Wafaa Ahmed, a widow who walked for days with three sick children. "But the worst suffering was here in Baghdad."

The small woman with big hazel eyes says when they made it through the sniper fire and mortar rounds they eventually found shelter in the capital — but scant welcome from Shiite Muslims here.

"People call us bad words in the street," she says. "Sectarian words."

Like most everyone from Anbar province, Ahmed is Sunni. Most Baghdad residents are Shiite Muslims, and bloody years of conflict between the two sects have left deep scars and suspicions.

Ahmed keeps her mouth shut when she goes outside the mosque so that Baghdad's Shiites won't be able to detect an accent of a Sunni from Anbar.

"I keep it all inside," she says, "because if I say something I'm afraid something will happen to my children."

The self-declared Islamic State, also known as ISIS or ISIL, is made up of Sunni extremists. Yet many Sunnis are afraid that ISIS will kill them because they worked for the Iraqi police or government. Others are from a tribe that opposes ISIS. Others just hate the Islamist group. And they add up to maybe 2 million Sunnis who've run away from territory controlled by ISIS.

"The majority of people that are receiving assistance do come from Sunni communities," said Lise Grande, the United Nation's humanitarian coordinator for Iraq. "The bulk of people that have been fleeing ISIL attack, yes they're Sunnis."

You might think Sunnis who hate ISIS would be welcome among Shiites, who are targeted by the extremists.

But many Sunnis instead face a hostile reception. The Sunni imam of the al-Nidaa mosque, Ezzedine Ahmed, explains the displaced can't move freely in this Shiite area.

"The people come and go," he said, "but we have some security measures."

The rules are enforced by police and army officers, one of whom sat in on our meeting. Any man wanting to leave the mosque must get permission

"We give them a paper so they can go out, do what they need to do and come back," the imam said.

They must be back by the end of the day. There are other official restrictions; for instance, displaced people coming into Baghdad must have a local resident vouch for them. That's not technically a sectarian rule, yet most people in Baghdad are Shiite and most of the security forces are too, so Sunnis say it feels like discrimination.

But there are a few places in Baghdad where Shiites are helping displaced Sunnis.

At a Shiite mosque in another Shiite area, Meshtel, there are a handful of displaced Sunni men praying shoulder to shoulder with the local residents.

"It's a religious duty, we have to give them the hand of help. They are our people, our kin," said the white-bearded imam, Bassem Mohammed Ali.

He explains that the mosque distributes food to displaced Sunni families, helps them find jobs and apartments. The security forces monitor them, but because the shrine vouches for them, they can move around freely. The imam says he reassures local residents afraid of the Sunnis in their midst — though he claims that there's few of them.

"Maybe like two in a million, one in a thousand, but we educate our society and we have a lot of security measures here," he said.

He says that as long as the displaced Sunnis can't go home, they'll have a home here. But even here, the displaced say they're still treated with more than a trace of suspicion.

"There's good [people] and not good," says Aqbal Rabia, who's living in a small apartment with eight family members. "Some this way, and some that way."




“The al-Nidaa mosque in northern Baghdad looks grand, with clean, modern lines swooping up to a blue mosaic dome. But inside it's squalid, with piled-up mattresses, cooking pots and almost 60 families. …. Ahmed keeps her mouth shut when she goes outside the mosque so that Baghdad's Shiites won't be able to detect an accent of a Sunni from Anbar. "I keep it all inside," she says, "because if I say something I'm afraid something will happen to my children." …. But many Sunnis instead face a hostile reception. The Sunni imam of the al-Nidaa mosque, Ezzedine Ahmed, explains the displaced can't move freely in this Shiite area. "The people come and go," he said, "but we have some security measures." The rules are enforced by police and army officers, one of whom sat in on our meeting. Any man wanting to leave the mosque must get permission. "We give them a paper so they can go out, do what they need to do and come back," the imam said. …. But there are a few places in Baghdad where Shiites are helping displaced Sunnis. At a Shiite mosque in another Shiite area, Meshtel, there are a handful of displaced Sunni men praying shoulder to shoulder with the local residents. "It's a religious duty, we have to give them the hand of help. They are our people, our kin," said the white-bearded imam, Bassem Mohammed Ali. He explains that the mosque distributes food to displaced Sunni families, helps them find jobs and apartments. …. He says that as long as the displaced Sunnis can't go home, they'll have a home here. But even here, the displaced say they're still treated with more than a trace of suspicion.”

"There's good [people] and not good," says Aqbal Rabia, who's living in a small apartment with eight family members. "Some this way, and some that way." Good and not good – that is a permanent description of the human race, from my experience. Just because they are members of the “correct” religion or ethnic or social status group, that doesn’t mean that they can all be trusted or distrusted based on that fact. Good and evil are within the individual, and according to Jesus, all people share some of each set of characteristics. In addition, wherever one group dominates the other, there will be even more evil, because the truly average human hasn’t the wisdom to see the good in the “others” or the fairness to refrain from treating badly. I've heard so many people say "there are winners and losers" as that were an acceptable way to deal with life.

It’s easy for me to criticize the Middle Eastern countries for this constant social strife because I see them only from a distance, and don’t identify much with any of them unless I see a story of the daily life they live. There was a great documentary showing an Iraqi widow and her starving children on TV a couple of years ago. Shamefully, the men in her village did not respect her need for help, and treated her roughly when they found her on the street. All they cared about was that she didn’t have a male relative with her, which is considered shameful. I can empathize fully with a woman who struggles daily to get some bread for her children to eat, but unfortunately they don’t rule in those areas and their society doesn’t protect or aid women who, for whatever reason, are without a man. Women have no power and very little respect there. I should admit, though, that the US has plenty of injustice and abusiveness of the powerless here as well. If I focus on such things too much I can get depressed. That’s one reason I include a human interest story among these when I find one that appeals to me.





http://www.cbsnews.com/news/what-if-the-middle-class-kept-up-with-the-top-1-percent/

What if the middle-class kept up with the top 1 percent?
By AIMEE PICCHI MONEYWATCH
July 2, 2015

In America, the middle class has failed to enjoy the same growth in income as the country's top 1 percent of earners.

But what would have happened if every household on Main Street had enjoyed the same income growth as the country's top 1 percent? The result: the typical American middle-class household would be earning $156,318, or more than double its actual current average household income of $73,391, according to data from the left-leaning think tank Economic Policy Institute. (The EPI considers the middle class to between 20 percent to 80 percent of the country's income range.)

Some might scoff at the unlikelihood of the typical middle-class American household earning that much, but the calculation is designed to underscore how the fortunes of the country's top 1 percent have deviated so drastically from everyone else's. While it's not a new phenomenon, since the top 1 percent started to pull away from the rest of America's earners in 1980, that pattern has only accelerated.

The top 1 percent of American families saw their income jump 21.2 percent last year, compared with only 3.3 percent for the bottom 99 percent, according to research published last month from economist Emmanuel Saez.

"As to why the top 1 percent have done so well, I think that a key driver has been intentional policy decisions that shifted bargaining power from low and moderate wage workers to corporate managers and capital-owners," EPI director of research and policy Josh Bivens wrote in an email. "The laundry list of those changes is long."

Those changes include everything from a stagnant minimum wage to tax policies and interest rates that favor the wealthy. The Federal Reserve's zero interest rate policy, for example, has helped those with the capital at hand to invest in more capital. That's boosted the fortunes of investors who were able to buy real estate or stakes in businesses, given that they could find loans at very low rates, which made the cost of their investments much lower than in previous decades.

The tax system has also added to the coffers of the very rich. Because capital gains enjoy a much lower tax rate than wages, wealthy Americans who rely on dividends and profits from the investments are able to keep much more of their income than middle-class workers, who are often paying a higher tax on ordinary income.

A household earning $156,318 would be slightly above what EPI considers the middle-class. The analysis is based on data from the Congressional Budget Office from 1979 to 2011. The top 1 percent of Americans took home $1.45 million in 2011, or almost 150 percent more than what they earned in 1979. The middle class, meanwhile, saw its income rise only 17 percent in the same time period.

Labor standards have also eroded, Bivens noted, such as overtime protections, leaving more middle-class workers stranded in years of stagnating pay. The good news for many workers is that the White House is raising the threshold income level for overtime pay, which could give 5 million Americans a raise. Right now, workers making more than $23,660 per year can't claim overtime, but that would be raised to a cap of $50,400 annually.

The EPI has an interesting -- or depressing, depending on your point of view -- tool to illustrate how those trends may have impacted your paycheck. Their wage calculator shows how much you would have been making if wages had kept up with productivity. An American making $40,000 now would have earned $61,055 if wages hadn't lagged since the 1970s.

Better times may be ahead for some workers. With states and municipalities boosting their own minimum wages, many low-paid workers are finally seeing income gains.

Still, wage gains across the board are still trending below pre-recession figures. If the economy were stronger, wages would be increasing between 3 percent to 4 percent, considered "normal" growth rate. But the annualized rate or wage growth in June fell to 2 percent, from 2.3 percent in May, the Labor Department said on Thursday.




“The result: the typical American middle-class household would be earning $156,318, or more than double its actual current average household income of $73,391, according to data from the left-leaning think tank Economic Policy Institute. (The EPI considers the middle class to between 20 percent to 80 percent of the country's income range.) …. While it's not a new phenomenon, since the top 1 percent started to pull away from the rest of America's earners in 1980, that pattern has only accelerated. The top 1 percent of American families saw their income jump 21.2 percent last year, compared with only 3.3 percent for the bottom 99 percent, according to research published last month from economist Emmanuel Saez. "As to why the top 1 percent have done so well, I think that a key driver has been intentional policy decisions that shifted bargaining power from low and moderate wage workers to corporate managers and capital-owners," EPI director of research and policy Josh Bivens wrote in an email. "The laundry list of those changes is long." …. The Federal Reserve's zero interest rate policy, for example, has helped those with the capital at hand to invest in more capital. That's boosted the fortunes of investors who were able to buy real estate or stakes in businesses, given that they could find loans at very low rates, which made the cost of their investments much lower than in previous decades. …. Because capital gains enjoy a much lower tax rate than wages, wealthy Americans who rely on dividends and profits from the investments are able to keep much more of their income than middle-class workers, who are often paying a higher tax on ordinary income. …. The top 1 percent of Americans took home $1.45 million in 2011, or almost 150 percent more than what they earned in 1979. The middle class, meanwhile, saw its income rise only 17 percent in the same time period. …. Labor standards have also eroded, Bivens noted, such as overtime protections, leaving more middle-class workers stranded in years of stagnating pay. The good news for many workers is that the White House is raising the threshold income level for overtime pay, which could give 5 million Americans a raise. …. Better times may be ahead for some workers. With states and municipalities boosting their own minimum wages, many low-paid workers are finally seeing income gains. Still, wage gains across the board are still trending below pre-recession figures. If the economy were stronger, wages would be increasing between 3 percent to 4 percent, considered "normal" growth rate.”

These economic changes started in 1980, according to the article. Ronald Reagan was elected in 1981. He instituted tax changes favoring the wealthy and the article mentions a shift in balance of power between the lower and middle levels of workers to the hands of the corporate bosses. I know his economic views, dubbed “voodoo economics” by George W Bush, were hated at the time by many. The problem is that any one economic “tool” if employed forever will end up with an inequitable relationship between the workers and their bosses, and the economy will cease to be healthy. My father said that Republicans “always bring in a depression,” and they certainly did in 2008. I am glad to see that Obama, through his executive orders, has boosted the pay for the minimum wage workers and now for the group who make just a little bit more than the $23,660 cutoff point for overtime. That rate of pay wouldn’t be too bad for a single adult without dependents, but it isn’t great either. The new scale of $50,400 is much fairer. That change will really help the Middle Class, which will in turn help our democracy. I am waiting hopefully for President Obama to make more changes that “lift all boats” by helping those at the bottom. The wealthy should remember that when the workers have more money to spend they can buy more of those goods and services that the wealthy so want to sell to them.





http://www.cbsnews.com/news/california-lynching-law-governor-jerry-brown/

Officials change Calif. law after activist's "lynching" arrest
AP July 3, 2015

Photograph -- California Gov. Jerry Brown speaks during a bill signing event at the Leland Stanford Mansion May 19, 2015, in Sacramento, California. JUSTIN SULLIVAN/GETTY IMAGES

SACRAMENTO, Calif. -- California Gov. Jerry Brown announced Thursday that he has signed legislation removing the word "lynching" from the state's criminal code following the arrest of a black activist at a Black Lives Matter protest.

The Democratic governor signed the bill by Sen. Holly Mitchell within days of receiving it. He signed it without comment.

Mitchell, a Los Angeles Democrat, took up the issue after 20-year-old Maile Hampton was booked under a 1933 section of the California penal code that applies the word "lynching" to the crime of attempting to seize someone from police custody.

"The governor's swift approval of my bill speaks to its obvious truth," Mitchell said in a statement. "It's been said that strong words should be reserved for strong concepts, and 'lynching' has such a painful history for African Americans that the law should only use it for what it is - murder by mob."

California lawmakers voted unanimously to strike the word "lynching" from the books last month, noting its racially charged nature.

Mitchell emphasized that the substance of the law will remain intact. Her bill only moves to delete any reference to lynching from the penal code.

Lynching is typically associated with the hanging of blacks by racist mobs, which occurred throughout the South during the Jim Crow era. Almost 4,000 blacks were lynched between 1877 and 1950, according to an estimate from the Equal Justice Initiative.

In Sacramento, the district attorney has since downgraded the charges against Hampton to a misdemeanor charge.

In a separate incident, a Black Lives Matter protester in Los Angeles was charged with felony lynching last week.



http://www.shouselaw.com/lynching.html

California "Lynching" Laws
Penal Code 405a & 405b PC

When we hear the term "lynching," we think of horrible old days in the South where mobs would kill people and leave them hanging from trees.


Img-lynch

But in California law, the term "lynching" has a very different meaning. It refers to a situation where rioters force a detainee from police custody.

Specifically, Penal Code 405a provides the definition: "The taking by means of a riot of any person from the lawful custody of any peace officer is a lynching." Penal Code 405b provides the penalty: "Every person who participates in any lynching is punishable by imprisonment...for two, three or four years."

A Detainee Can Be Charged in His Own Lynching

When rioters take a person from police custody, not only can the mob of rioters be prosecuted. The detainee who gets freed can be prosecuted for lynching as well, if he instigated and encouraged the mob.

This was the issue in the 1999 court case In Re Anthony J.1San Francisco police attempted to arrest Anthony, a juvenile, on a warrant for auth theft. Anthony struggled, but the officers succeeded in handcuffing him. Then Anthony appealed to a nearby crowd of onlookers to help free him.

The crowd, swelling to several hundred people, charged the officers and Anthony broke free. He fled and eluded capture. He was later arrested at another location and charged with lynching under Penal Code 405a and 405b.

The issue in the case was whether the lynching statute could apply to the person getting freed by the rioters, rather than just to the rioters who freed him. The court held that Penal Code 405a applies to both, and upheld Anthony's conviction.

Attempted Lynching

What if someone tries to secure a lynching, but fails? They can still be charged with "attempted lynching."

This was the issue in another court case, In Re Maria D.2 Maria saw L.A. County Sheriffs deputies arresting her boyfriend. Maria approached the patrol car yelling "fuck you pigs...let him go!" She gestured to a nearby group of males to come over. Then she approached a deputy with her arms extended as if she was going to pull him away from the patrol car where her boyfriend was detained.

The deputies arrested Maria. Her boyfriend was never taken from police custody. Maria got charged with "attempted lynching" under Penal Code 504a and 504b. She contended that it was an illegitimate charge, since the actual "lynching" never occurred.

The court concluded that the charge was appropriate and sustained the conviction.

Relation to Rioting

Stated in Penal Code 404 and 405, "participation in a riot" is a misdemeanor punishable by up to one year of jail. Stated in Penal Code 404.6, "incitement to riot" is likewise a misdemeanor with a one year maximum sentence.

Since a lynching by definition happens in the context of a riot--or an attempted lynching amidst an incitement to riot--these crimes could alternatively be charged.

However, lynching is a much more serious crime. It's a felony punishable by up to four years prison, whereas the rioting crimes are misdemeanors carrying only up to one year of custody.

Relation to Penal Code 4550 "Rescuing a Prisoner"

Stated in Penal Code 4550, California "rescuing a prisoner" law makes it a crime to rescue, or to attempt to rescue, a prisoner from any jail or prison facility, or from law enforcement custody generally.3

The crime is a felony carrying up to four years prison if the prisoner had been convicted of a crime punishable by death. Otherwise the crime is a wobbler, meaning it could be punished as a misdemeanors or a felony. As a felony, it carries up to four years state prison.

Here again, the lynching laws in Penal Code 405a and 405b are more serious. Lynching carries a 4-year max, whereas rescuing generally carries only a 3-year max. As the courts have explained, "Although both sections deal with the taking of persons from lawful custody, the anti-lynch law concerns only the taking by means of riot, which presents greater danger to the officers and populace than a single act of only a few disciplined persons."4

Call us for help...


Img-call-help

If you or loved one is charged with Penal Code 405a & 405b PC lynching and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.


1 In re Anthony J. (1999) 72 Cal.App.4th 1326, 85.

2 In re Maria D.199 Cal.App.4th 109.

3 Penal Code 4550 (a) "Every person who rescues or attempts to rescue, or aids another person in rescuing or attempting to rescue any prisoner from any prison, or prison road camp or any jail or county road camp, or from any officer or person having him or her in lawful custody, is punishable as follows:
(a) If the prisoner was in custody upon a conviction of a felony punishable with death, by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years.
(b) If the prisoner was in custody otherwise than as specified in subdivision (a), by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in the county jail not to exceed one year."

4 People v. Jones (1971) 19 Cal.App.3d 437, 446.




“Mitchell, a Los Angeles Democrat, took up the issue after 20-year-old Maile Hampton was booked under a 1933 section of the California penal code that applies the word "lynching" to the crime of attempting to seize someone from police custo-dy. "The governor's swift approval of my bill speaks to its obvious truth," Mitchell said in a statement. "It's been said that strong words should be reserved for strong concepts, and 'lynching' has such a painful history for African Americans that the law should only use it for what it is - murder by mob." …. Mitchell, a Los Angeles Democrat, took up the issue after 20-year-old Maile Hampton was booked under a 1933 section of the California penal code that applies the word "lynching" to the crime of attempting to seize someone from police custody. "The governor's swift approval of my bill speaks to its obvious truth," Mitchell said in a statement. "It's been said that strong words should be reserved for strong concepts, and 'lynching' has such a painful history for African Americans that the law should only use it for what it is - murder by mob." …. In a separate incident, a Black Lives Matter pro-tester in Los Angeles was charged with felony lynching last week.”

I am glad to see that a member of the CA legislature initiated the new law and that support for it was unanimous, and also that the penalty was changed from a felony to a misdemeanor. The article doesn’t say whether the LA protestor’s crime will become a misdemeanor as well. People are going to jail or even prison for too many small crimes, and too many of them are black or Hispanic.





http://www.cbsnews.com/news/lindsey-graham-tells-iowan-i-dont-want-you-to-vote-for-me/

Lindsey Graham tells Iowan: "I don't want you to vote for me"
By STEPHANIE CONDON CBS NEWS
July 3, 2015

Photograph -- Republican presidential hopeful Senator Lindsey Graham greets guests at a Roast and Ride event hosted by freshman Senator Joni Ernst on June 6, 2015 in Boone, Iowa. SCOTT OLSON, GETTY IMAGES

Conservative Sen. Lindsey Graham has made it clear he's extremely concerned about the threat of Islamic terrorism, but he isn't willing to outlaw a whole religion over it.

When a voter in Iowa suggested barring Islam in the U.S. in response to ISIS, Graham quickly shut him down, the Des Moines Register reports.

"You know what, I'm not your candidate," Graham said, cutting him off. "I don't want you to vote for me. I couldn't disagree with you more."

As he's said before, Graham told his audience Sioux City on Thursday night that he would deal with ISIS by increasing the United States' military presence in Iraq. Explaining his terse response to the voter's suggestion to outlaw Islam, Graham told people, "I'm not trying to please him."

Lindsey Graham: "I'm running" because the world is falling apart. "I'm not putting up with that," he said. "He's got a right to say whatever he wants to say, but I have an obligation to the Republican Party, to the people of Iowa and the country as a whole to be firm on this. I'm not buying into that construct. That's not the America that I want to lead."

Graham demonstrated a few times in Iowa his willingness to speak candidly. In an interview from Iowa with the Huffington Post, the longtime senator teared up talking about his friendship with Vice President Joe Biden.

"If you can't admire Joe Biden as a person, then probably you've got a problem," he said, calling the vice president "the nicest man I think I've ever met in politics."

Graham has a long way to go if he wants to gain traction in Iowa, one of the first states to nominate presidential candidates for the Republican and Democratic parties. A recent Quinnipiac poll of likely Iowa GOP caucus goers showed Graham was registering at just 1 percent support.




“Conservative Sen. Lindsey Graham has made it clear he's extremely concerned about the threat of Islamic terrorism, but he isn't willing to outlaw a whole religion over it. When a voter in Iowa suggested barring Islam in the U.S. in response to ISIS, Graham quickly shut him down, the Des Moines Register reports. "You know what, I'm not your candidate," Graham said, cutting him off. "I don't want you to vote for me. I couldn't disagree with you more." …. . "He's got a right to say whatever he wants to say, but I have an obligation to the Republican Party, to the people of Iowa and the country as a whole to be firm on this. I'm not buying into that construct. That's not the America that I want to lead." …. . In an interview from Iowa with the Huffington Post, the longtime senator teared up talking about his friendship with Vice President Joe Biden. "If you can't admire Joe Biden as a person, then probably you've got a problem," he said, calling the vice president "the nicest man I think I've ever met in politics."

The Senate is known for being more personable in their relationships across the aisle than the House is, and this is a good example. That may seem to be a small issue, but it makes the wheels run more smoothly. It’s the House that keeps tacking on unacceptable bills into the Budget which will, of course, cause the budget not to pass and then the government will be shut down. That’s the single most annoying thing that the Tea Party likes to do. They’re not only radicals, they’re irresponsible.





http://www.npr.org/2015/07/02/419153342/new-rules-could-create-a-new-class-of-overtime-workers

New Rules Could Create A New Class Of Overtime Workers
Yuki Noguchi
July 2, 2015

Graphics -- Millions more workers, who currently don't, could now qualify for overtime pay. Luciano Lozano/Ikon Images/Corbis

As President Obama promised, a new rule would make 5 million more Americans eligible for overtime pay.

Many workers say it's a welcome change. But businesses say employees could see negative, unintended consequences.

Barrett Zenger has managed a music store in Corpus Christi, Texas, for the past seven years, where he oversees two dozen employees, stocks inventory and fills in for sales clerks who call in sick.

He averages 62 hours of work a week, but because he's a salaried manager, he isn't paid for any extra hours worked.

"As of right now, there is a zero tolerance for overtime. I've been written up for employees hitting overtime," he says.

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Debate Begins: New OT Rules Will Raise Wages — Or Kill Jobs

Zenger earns more than $23,660 a year. So under existing law, his employer can exclude him from earning overtime pay.

But the president's proposal would more than double the minimum salary level to $50,440, meaning Zenger's salary would either have to increase, or he would get paid for those extra hours.

He isn't optimistic it will come to that.

"I would be fearful that I would be replaced by someone who could do the job at their expectation at a lower hourly rate or at a lower pay," he says.

Zenger says his employer has already cut higher-paid employees. If he gets replaced, he says he wants to find a job where he will be paid hourly and get overtime. Being salaried, he says, isn't worth it.

"You are signing off to a degree for indentured servitude," he says. "You're signing off on having to go above and beyond with no additional compensation."

Advocates of the changes in overtime rules say they're long overdue. They say workers are often misclassified as "managers" to skirt paying overtime.

Justin Swartz, an employment attorney representing workers, says updating the Fair Labor Standards Act will help curb abuse of salaried workers. "One of the purposes of the FLSA is to encourage companies to hire more workers, instead of squeezing work out of the workers that they have," he says.

Nor, he argues, do the changes mean businesses' costs will skyrocket.

"The only employers for whom it would make sense to raise somebody's salary a great deal in order to avoid paying them overtime are the ones who are exploiting the employees the worst to begin with," Swartz says.

One of the purposes of the FLSA is to encourage companies to hire more workers, instead of squeezing work out of the workers that they have.
Justin Swartz, employment attorney
Dozens of categories of employees, including teachers and seasonal workers, will not see pay increases if the proposal is adopted, because their positions are already specifically exempt from the law.

But the business community says the proposal would still have the far-reaching effect of raising costs — especially for retailers and restaurants.

David French, chief lobbyist for the National Retail Federation, says employers will have to demote managers to hourly work, which will reduce paths to advancement.

"There are going to be fewer places for people with aspirations to go, and you know, eventually that's not the pathway to the middle-class future that the president likes to talk about," he says.

Elizabeth Suffern says salaried work was not a career steppingstone for her. When she managed a call center in Boston four years ago, she fell outside the bounds of overtime rules because her salary was $24,000.

"It was just above what was required for me to [be] allowed to be exempt," she says.

Suffern says her employer made unreasonable claims on her time — early mornings, late nights, and Sundays. Suffern says even lunch breaks were a challenge.

"I never realized that I was actually federally mandated to be allowed a 30-minute meal period until I actually read the wage-and-hour laws poster that's required to be on the wall," she says. "Then I told my supervisor, and he was like, 'Well, where did you hear that?' And I was like, 'Well, I read it on the poster on the wall right there.' "

Suffern eventually quit and took a customer service job earning twice as much with hourly pay, plus overtime and bonuses.

She says her old employer's policies hurt morale. She might have stayed longer, she says, if she felt her time had been valued.




“As President Obama promised, a new rule would make 5 million more Americans eligible for overtime pay. Many workers say it's a welcome change. But businesses say employees could see negative, unintended consequences. …. "I would be fearful that I would be replaced by someone who could do the job at their expectation at a lower hourly rate or at a lower pay," he says. Zenger says his employer has already cut higher-paid employees. If he gets replaced, he says he wants to find a job where he will be paid hourly and get overtime. Being salaried, he says, isn't worth it. "You are signing off to a degree for indentured servitude," he says. "You're signing off on having to go above and beyond with no additional compensation." Advocates of the changes in overtime rules say they're long overdue. They say workers are often misclassified as "managers" to skirt paying overtime. …. Elizabeth Suffern says salaried work was not a career steppingstone for her. When she managed a call center in Boston four years ago, she fell outside the bounds of overtime rules because her salary was $24,000. "It was just above what was required for me to [be] allowed to be exempt," she says. Suffern says her employer made unreasonable claims on her time — early mornings, late nights, and Sundays. Suffern says even lunch breaks were a challenge.”

“Suffern eventually quit and took a customer service job earning twice as much with hourly pay, plus overtime and bonuses. She says her old employer's policies hurt morale. She might have stayed longer, she says, if she felt her time had been valued.” I hate to say it, but the world of work for most of us really “sucks.” I know that’s a vile word, but it fits this situation. If labor practices were corrected in this country the ever increasing gap between the economic levels in this country would start to melt away. A good new law mandating union shops would be a great place to start.