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News: Russia’s Bill Banning Gay Speech, Pepper Spray All The Rage, US Reporters Arrests

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United Russia Calls for Gay Speech Ban

Most Kremlin watchers agree that Vladimir Putin’s United Russia party [image, top, 2008] will prevail as the majority in the parliamentary elections scheduled for December 4th, but Putin’s efforts to return to power as president, has all the hallmarks of desperation, perhaps attributable to a substantial drop in support from his traditional base of voters  as his approval rating  sank 13 points since 2010 from a high 80 percent to 67 percent reported in a recent survey by independent pollster Levada-Center.

So it comes as no surprise that a vehement anti-gay measure, gagging speech of LGBT Russians would resoundingly pass a first round victory 37-1 in the St. Petersburg City Council  on November 17th, carried overwhelmingly through the support of United Russia politicians. The Moscow Times reports:

The St. Petersburg bill appeared to be modeled on near-identical legislation passed in the Arkhangelsk region in September. Lawmakers introduced a similar ban in the Ryazan region in 2006.

Although the legislation only prohibits the “promotion” of a LGBT lifestyle, it amounts to blanket bans on expressing nontraditional sexuality in any public form because it is next to impossible to prevent minors from being exposed to it, Ogonyok magazine wrote last summer about the then-upcoming Arkhangelsk ban.

St. Petersburg gay rights activists protested the legislation on Tuesday through a series of one-person pickets — the only form of public protest that doesn’t require permission from authorities. They also pledged to appeal to the European Court of Human Rights.

The bill is an attempt to bank on widespread homophobic sentiment ahead of the State Duma elections on Dec. 4, said Igor Kochetkov, head of LGBT group “Exit” (italics by the NCRM).

“The bill is passed before elections to boost the popularity of United Russia, which is flagging in St. Petersburg,” Kochetkov said by telephone.

“This bill smacks of the Middle Ages,” he said.

Mark Toner, Deputy Spokesperson of the State Department condemned the actions of the St. Petersburg City Council on November 23rd in response to a question from a journalist:

We are deeply concerned by proposed local legislation in Russia that would severely restrict freedoms of expression and assembly for lesbian, gay, bisexual, and transgender (LGBT) individuals, and indeed all Russians. As Secretary Clinton has said, gay rights are human rights and human rights are gay rights.

We have called on Russian officials to safeguard these freedoms, and to foster an environment which promotes respect for the rights of all citizens.

The United States places great importance on combating discrimination against the LGBT community and all minority groups.

Between local picketing and international pressure applied by human rights and international gay rights groups, the St. Petersburg City Council has postponed the vote until November 30th.   Putin’s political home began as mayor of St. Petersburg, so a “straight line” can be easily drawn from the St. Petersburg initiative  to declared support last week by United Russia leadership in the Duma, Russia’s federal legislative body, although a similar bill has not been introduced and with new elections looming, such a measure would not be expected to pass this year.  According to the New York Times, United Russia is expected to lose as many as 60 of its 315 seats in Parliament, so demonizing gays is not unexpected and a Putin ploy that enjoys overwhelming support by a virulently anti-gay population is another example that he is willing to pull out the stops for another victory on his seemingly inevitable return to the presidency.  Sodomy between men was decriminalized in Russia in 1993 and homosexuality as a disorder was removed from federal laws and regulations in 1999.

NATO Drone Attack Allegedly Kills 24 Pakistani Soldiers

Pakistan has shut down shipping routes to support U.S. troops based in Afghanistan, following a NATO drone attack yesterday that killed 24 Pakistani soldiers near a mountainous path. The Pakistan government has called the bloodshed in one of its tribal areas a “grave infringement” of the country’s sovereignty.  Islamabad  also called for the U.S. to vacate Shamsi Air Base, where it maintains its drone aircraft.  The White House pledged to work with Pakistan to investigate the deadly accident, which has likely damaged an already deeply strained relationship that has been in the deep freeze since the U.S. execution of Osama Bin-Laden’s in Pakistan last May.

Middle East Upheaval Unremitting

Egyptian parliamentary elections will be held on Monday, the first elections since the departure of former President Hosni Mubarak in February.  The elections are believed to be wide open and the likely outcome is unknown, to experts, including renowned Egyptian journalist  Ethar El-Katatney, who delivered a brilliant nuanced analysis of the situation on the ground in Egypt on the MSNBC program Up with Chris Hayes, on Saturday.  El-Katatney, who has a Twitter following of +20,000 which has been wracked with massic

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The Arab League applied unprecedented stringent economic sanctions on Syria during a meeting in Cairo on Sunday, when it failed to meet a Friday deadline that would have permitted 500 observers to monitor the country, which continues to kill its citizens with impunity now estimated 3, 500 deaths and counting. The sanctions include a freeze on the assets of Syrian leaders in Arab states, an end to Arab investment and trade with Syria, a halt to dealings with Syria’s central bank, and a ban on travel by Syrian officials to Arab states.  The body will meet again in a week to determine the effectiveness of the sanctions.

King Hamad al-Khalifa of Bahrain ordered the establishment of a committee to “follow up and implement” the recommendations contained within a highly-critical report released this week by the Bahrain Independent Commission of Inquiry, which was chaired by the highly eminent Mahmoud Cherif Bassiouni, an internationally renowned professor of international law.  Among crimes determined by Bassiouni, include torture, physical and psychological and excessive use of force.  The King has directed that the committee report back with recommendations for new legislation and related actions by the end of February 2012.

Yemen’s President Ali Abdullah Saleh signed a transfer of power to Abdo Rabbo Mansour al-Hadi, the Yemeni vice-president this past week, becoming the fourth head of state in the Middle East to step down since the eruption of Arab Spring.  Saleh, who actively led his Army in armed conflict against Yemeni demonstrators was wounded and had surgery for  in Saudi Arabia, before returning to Yemen.  Saleh agreed to a peaceful and democratic transfer of power.  Al-Hadi immediately called for elections to take place on February 21st and was promptly called by Obama aide John Brennan, the director of White House Homeland Security and Counter Terrorism, who commended the announcement.  Yemen has become a close U.S. ally in the fight against Al-Qaeda.

National

Pepper Spray Emerges as America’s Number 1 Non-Lethal Weapon of Choice

When University of California-Davis police pepper sprayed students who were engaged in non-violent civil disobedience on November 18th, the country was repulsed by the video that went viral of its abuse of the disbursal agent and the University chancellor was soundly rebuked by the American public, who subsequently suspended the police chief and two officers and ordered a 30-day report and reviewon police decision-making.  During the past week, Chancellor Linda Katehi apologized to students, agreed to pay medical bills of students who suffered injuries and the arrests were voided. Good ending for the students at least for now. Time will only tell if Chancellor Katehi will hang onto to her job.

But few people could have predicted that the news of the day on Black Friday would be dominated by a pepper spray attack unleashed by a “competitive shopper” in a Los Angeles Wall Mart, who was intent on purchasing a discounted Xbox.  Her actions resulted in injuries to 20 people, according to news reports. News breaking on Sunday afternoon reports that the assailant has turned herself in, but name unknown thus far.

NYPD Issues Memo on Rights of Journalists

According to the New York Times, Ray Kelly, the  NYPD Commissioner issued an internal memorandum to police clarifying procedures to allow reporters to carry out their journalistic activities in order to report on protests by the Occupy Wall Street Movement locally.  The Times report indicated that Kelly “order[ed] officers in New York City not to interfere unreasonably with journalists’ access during news media coverage and warning that those who do will be subject to disciplinary action”.  The NYPD has been criticized  by international and national watch dog agencies for the arrests and detainment of numerous journalists during the past month while reporting on the Occupy Wall Street Movement in New York City.  The arrests of journalists in New York City generated an official U.S. government statement in response to official EU and OSCE concerns by U.S. Ambassador Ian Kelly, who leads the U.S. permanent mission in Vienna at the Organisation for Security and Co-operation in Europe.  A key section of his statement, that affirms America’s First Amendment rights follows:

There are few issues of greater concern to the United States than the state of Media Freedom within OSCE participating States. We have frequently addressed the issue as a matter of peer review in this hall, and we recognize the reasons for the concerns expressed by the European Union today and by the OSCE’s Representative on Freedom of the Media on November 11.

The United States supports the Office of the Representative on Freedom of the Media, and we defend the independence of the Representative to make public statements on media freedoms — including to highlight perceived shortcomings in my own country.

As we have said on previous occasions, the Government of the United States neither believes nor pretends that it is beyond reproach on any issue—or that we cannot do a better job of implementing our OSCE commitments — including on media freedom. We certainly can, and we see self-assessment on our performance in the defense of fundamental freedoms as a sign of strength…

Whether in the case of journalists or regular citizens, allegations of wrongful detention would be subject to review and investigation. Mr. Chairman, the United States regrets any incident where any journalist has been treated unfairly. The U.S. Constitution has strong protections for freedom of expression, including for members of the press. It is a matter we take extremely seriously. The United States will continue to monitor these events closely and will provide additional information at a future date.

 Massachusetts Adopts Child Anti-Trafficking Law

Governor Deval Patrick (D-MA) signed a child anti-trafficking measure into law that defines those persons forced into prostitution by virtue of being trafficked as “victims”–a new approach to punishment of those who have been historically victimized by the scourge of human sex trafficking.  Massachusetts becomes the 47th state to pass updated legislation to address human trafficking, a burgeoning international crime, that is estimated enables 50,000 persons enter the U.S. annually.

(Images: Arab League map, Egypt)

Tanya L. Domi is an Adjunct Assistant Professor of International and Public Affairs at Columbia University who teaches about human rights in Eurasia and is a Harriman Institute affiliated faculty member. Prior to teaching at Columbia, Domi worked internationally for more than a decade on issues related to democratic transitional development, including political and media development, human rights, gender issues, sex trafficking, and media freedom.

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IMPEACH HIM AGAIN

Rep. Al Green Files Impeachment Article Against Trump Over Iran: ‘Threat to Democracy’

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Tuesday morning, Rep. Al Green (D-TX) filed an article of impeachment against President Donald Trump over the United States’ strike on three sites in Iran this weekend.

Green’s article of impeachment alleges that Trump violated Article I, Section 8, Clause 11 of the Constitution. That section says only Congress can declare war.

“In starting his illegal and unconstitutional war with Iran without the constitutionally-mandated consent of Congress or appropriate notice to Congress, President Trump acted in direct violation of the War Powers Clause of the Constitution. President Trump has devolved and continues to devolve American democracy into authoritarianism by disregarding the separation of powers and now, usurping congressional war powers,” Green wrote.

READ MORE: Just 100 Days in and Trump White House Is Already Prepping for Impeachment: Report

Though the meat of the impeachment article is about Iran, Green also calls out other objectionable things done by Trump.

“President Trump’s unilateral, unprovoked use of force without congressional authorization or notice constitutes an abuse of power when there was no imminent threat to the United States, which facilitates the devolution of American democracy into authoritarianism, with an authoritarian president who has instigated an attack on the United States Capitol, denied persons due process of the law, and called for the impeachment of federal judges who ruled against him—making Donald J. Trump a threat to American democracy,” he said.

Green’s article of impeachment is unlikely to go anywhere. The House is controlled 220-212 by the Republican party. Even though some House Republicans like Thomas Massie (R-WV) and Marjorie Taylor Greene (R-GA) have criticized Trump’s action in Iran, even if every Democrat voted in favor of impeachment, it would be a tall order for nine Republicans to flip. An article of impeachment only needs a simple majority in the House before going to the Senate.

Trump is the only president to be successfully impeached twice. However, he has never been convicted.

Though Trump did not have Congressional approval to order the U.S. to attack Iran—and, according to Defense Secretary Pete Hegseth, they were only informed afterward—the Constitution isn’t as clear as it might sound. The last time Congress declared war was in 1942, but there have been many wars since then, but by different names; the Korean War was officially a “police action.”

The president is officially Commander-in-Chief of the United States Military, and as such, can order a response to attacks, or other limited military actions without the approval of Congress. During the Vietnam War (another “police action”), President Richard Nixon ordered the secret bombings of Cambodia without informing Congress. Once this was revealed, Congress passed the War Powers Resolution, which puts limits on what the president can do without Congressional approval.

Under the War Powers Resolution, a president can order a military action, but must inform Congress within 48 hours. Armed forces cannot stay in an area for over 60 days, though they can have a window of an additional 30 days to withdraw.

Trump has been accused of violating the War Powers Resolution twice before. The first was in 2017, when Trump ordered a missile strike in Syria over allegations the country had used chemical weapons. Next was in 2020 when the U.S. killed Iranian General Qasem Soleimani in a drone strike. Neither of these accusations, however, resulted in anything.

Image via Reuters

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CRIME

DOJ Sues Washington State Over Law Requiring Catholic Priests to Report Child Abuse

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The Department of Justice has filed suit against Washington state over a new law requiring Catholic priests to report child abuse even if knowledge of the abuse was obtained during confession.

The law, Senate Bill 5375, was signed by Democratic Gov. Bob Ferguson on May 2, and would go into effect on July 27. The bill makes clergy mandatory reporters of child abuse and neglect, much like doctors and teachers. Catholic bishops in Washington have condemned the law because it does not address the sacred rite of confession.

Under the law, if abuse is revealed during confession, the priest must report it to police or the state’s Department of Children, Youth and Families. However, in the Catholic faith, the Seal of Confession directs priests to keep anything they learn during confession secret—even under the threat of imprisonment or death. Should a priest fail to do so, they would be excommunicated.

“I want to assure you that your shepherds, bishop and priests, are committed to keeping the seal of confession – even to the point of going to jail. The Sacrament of Penance is sacred,” Bishop Thomas A. Daly of the Spokane, Washington diocese wrote in a statement.

READ MORE: Pedophile Priest Sex Abuse: Catholic Churches Settle For $102 Million

A previous version of the bill did include a provision protecting priests from revealing anything learned during confession. Catholic bishops and Republicans in the state senate argued for the provision, but it was ultimately removed. All Republicans voted against the final version of the bill, along with two Democrats; it passed 28-20. Though the law requires priests to report abuse, it does not compel them to testify in court.

In response, a number of bishops filed a lawsuit, Etienne v. Ferguson, to stop the law. On June 16, a group of Orthodox churches in Washington state filed a similar lawsuit.

Gov. Ferguson, a Catholic, said he was dismayed by the suit.

“I’m disappointed my Church is filing a federal lawsuit to protect individuals who abuse kids,” Ferguson said.

The Department of Justice joined the fray on Monday. The DOJ called the law “anti-Catholic,” saying it violates the First Amendment. Monday’s suit is a motion to intervene in Etienne v. Ferguson.

“Senate Bill 5375 unconstitutionally forces Catholic priests in Washington to choose between their obligations to the Catholic Church and their penitents or face criminal consequences, while treating the priest-penitent privilege differently than other well-settled privileges. The Justice Department will not sit idly by when States mount attacks on the free exercise of religion,” Assistant Attorney General Harmeet K. Dhillon said in a statement.

Senate Bill 5375 is the third time the Washington senate was asked to make clergy mandatory reporters. The bill’s prime sponsor was Sen. Noel Frame (D-Seattle), who told KING-TV she brought the newest version before the Senate after hearing that three different Catholic archdioceses in the state were under investigation over allegations of covering up abuse.

“Quite frankly, that made it hard for me to stomach any argument about religious freedom being more important than preventing the abuse, including the sexual abuse of children,” Frame said in January. “I really wonder about all the children who have been abused and neglected and have gone unprotected by the adults in their lives because we didn’t have a mandated reporter law and that we continue to try to protect this in the name of religious freedom.”

Image via Shutterstock

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'VERY COOL VERY NORMAL'

FTC Blocks Advertising Company From Boycotting Media Outlets Based on Political Views

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The Federal Trade Commission announced a strange condition of the merger between two giant advertising companies. The FTC allowed the merger, but blocked the new company from being able to boycott media outlets based on political viewpoints.

The FTC announced Monday that Omnicom Group would be able to go ahead with its $13.5 billion purchase of The Interpublic Group of Companies. The merger faced antitrust concerns as the two companies are major players in the advertising industry. Currently, Omnicom is the third-largest ad agency in the United States, and IPG is fourth-largest.

Assuming the acquisition continues as planned, the enlarged Omnicom would be blocked from “engaging in collusion or coordination to direct advertising away from media publishers based on the publishers’ political or ideological viewpoints,” the FTC said.

READ MORE: Right Wing Lobbying Organization Pushing States to Shield Companies From Political Boycotts

“Websites and other publications that rely on advertising are critical to the flow of our nation’s commerce and communication,” Daniel Guarnera, Director of the FTC’s Bureau of Competition, said. “Coordination among advertising agencies to suppress advertising spending on publications with disfavored political or ideological viewpoints threatens to distort not only competition between ad agencies, but also public discussion and debate. The FTC’s action today prevents unlawful coordination that targets specific political or ideological viewpoints while preserving individual advertisers’ ability to choose where their ads are placed.”

The new rule comes after Elon Musk, the owner of the social media platform X, formerly Twitter, complained that advertisers were boycotting the platform. Last August, X filed an antitrust lawsuit against the Global Alliance for Responsible Media, a coalition of advertisers, for boycotting X following Musk’s purchase of the company. Founding members of GARM include both Omnicom and IPG.

GARM was originally formed in response to the mass shooting in a Christchurch, New Zealand mosque by a white supremacist. The shooting was livestreamed on Facebook, and as such, advertisements appeared on the platform alongside the livestream. GARM aimed to block members’ advertisements from appearing on platforms that didn’t have safeguards prohibiting what the organization called “illegal or harmful content, such as promoting terrorism or child pornography.”

Days after the X lawsuit, GARM disbanded.

“GARM has disbanded under a cloud of litigation and congressional investigation. The Commission has not been a party to those actions, and I take no position on any possible violation of the antitrust laws by GARM. The factual allegations, however, if true, paint a troubling picture of a history of coordination—that the group sought to marshal its members into collective boycotts to destroy publishers of content of which they disapproved,” FTC Chairman Andrew N. Ferguson said Monday.

“GARM was neither the beginning nor the end of harmful and potentially unlawful collusion in this industry. Numerous other industry groups and private organizations have publicly sought to use the chokepoint of the advertising industry to effect political or ideological goals. Clandestine pressure campaigns and private dealings among these parties are less well documented but pose the serious risk of harm and illegality,” he added.

The proviso to the Omnicom merger is not the FTC’s only foray into this issue. This May, the FTC opened an investigation to determine whether or not advertisers coming together in agreement to not buy ads on certain websites due to political content constituted an illegal boycott, according to the New York Times.

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