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Criminal Prosecution and Accountability


If they drop these charges, why not all of them?: Crowd-Sourcing, Crowd Support and Barrett Brown's Partial Victory

By Alfredo Lopez

 

Federal prosecutors last week dropped several of the most significant charges facing Internet activist and journalist Barrett Brown -- charges that could have drawn a jail sentence of 105 years.

The Lawlessness of the Enforce the Law Act

Not being mush much of a masochist, I don't usually read emails from the Democratic Whip in Congress, but I opened one Tuesday night and was mildly excited to read that the U.S. House of Representatives would spend Wednesday debating the "ENFORCE the Law Act of 2014." Wow, I thought, which law will they pick? Will it be the Humphrey-Hawkins Full Employment Act? Would I, moments from now, be phoning a bunch of people to tell them jobs are on the way? Or ... wait a minute! Oh my god, would large corporations be paying taxes now? Or will it be the Kellogg-Briand Pact or maybe the U.N. Charter -- Are we about to announce to the world that the wars are over?  Perhaps, I thought, it's going to be the anti-torture statute -- hot damn! I wonder when the tickets for the CIA trials go on sale and how much a front row seat will cost. Or are bankers going to be subject to laws?

Not funny, but it’s still hard not to laugh: How Can the US Accuse Russia of Violating International Law?

By Dave Lindorff


If you want to make moral or legal pronouncements, or to condemn bad behavior, you have to be a moral, law-abiding person yourself. It is laughable when we see someone like Rush Limbaugh criticizing drug addicts or a corrupt politician like former Sen. John Ensign (R-NV) voting for more prisons, more cops, and tougher rules against appeals of sentences.


The same thing goes for nations.

Criticizing repression of protest abroad, practicing it at home: What if Americans Demanded the Ouster of This Government?

By Dave Lindorff


Ukraine’s new rulers, in one of their first acts, have disbanded that country’s riot police.


Complaint filed at International Criminal Court over NATO allies’ complicity in US drone strikes

From REPRIEVE:
 
Drone victims are today lodging a complaint with the International Criminal Court (ICC) accusing NATO member states of war crimes over their role in facilitating the US’ covert drone programme in Pakistan.
 
It has been revealed in recent months that the UK, Germany, Australia, and other NATO partners support US drone strikes through intelligence-sharing. Because all these countries are signatories to the Rome Statute, they fall under The ICC’s jurisdiction and can therefore be investigated for war crimes. Kareem Khan - whose civilian brother and son were killed in a 2009 drone strike – is at The Hague with his lawyers from the human rights charity Reprieve and the Foundation for Fundamental Rights who have filed the complaint on his behalf. 
 
The CIA has launched more than 300 missiles at North Waziristan since its covert drone programme began and it is estimated that between 2004 and 2013, thousands of people have been killed, many of them civilians including children.
 
The US has immunised itself from legal accountability over drone strikes and the UK has closed its domestic courts to foreign drone victims. In a recent decision, the Court of Appeal in London ruled that it would not opine on the legality of British agents' involvement in the US drone war in Pakistan, for fear of causing embarrassment to its closest ally.
 
Kat Craig, Reprieve’s legal director, said: “There can surely be no doubt that facilitating the deaths of thousands of civilians – as NATO allies are doing in a plethora of ways - constitutes war crimes. The International Criminal Court, established specifically to hold overwhelming state power to account, is in a unique position to offer some semblance of justice to individual drone victims with nowhere else to go. They must take this complaint seriously and investigate.”

Pandering to the Fraternal Order of Police: Senator Calls Winning Constitutional Case on the Death Penalty ‘Undermining Justice

By Dave Lindorff

Pennsylvania Senator Republican Pat Toomey last week went before the whole US Senate to oppose the nomination by President Obama of Debo Adegbile, former head of the litigation department of the NAACP Legal Defense Fund, to head the Justice Department’s Civil Rights Division. In his speech, Toomey tried to argue that Adegbile is unfit for the job because he supervised the Legal Defense Fund’s successful appeal in federal court of the death sentence of Philadelphia journalist Mumia Abu-Jamal -- an appeal that ended up vacating that sentence, and that was left standing by the US Supreme Court.

Toomey’s position -- that Adegbile had “undermined the justice system” by filing that appeal claiming that Abu-Jamal’s death sentence had been unconstitutional -- is ludicrous on its face. Given that the appeal was successful in federal court, and then upheld on appeal by a three-judge panel of the Third Circuit Court of Appeals, and given that the US Supreme Court, asked to reverse that ruling by Philadelphia’s District Attorney and the Pennsylvania Attorney General, refused to hear the case, thereby affirming it -- to say that Adegbile had “undermined justice” is the same as saying that a Federal District Judge, an Appellate Court panel, and the Supreme Court all “undermined justice.”

That’s a pretty heavy indictment, even for a self-styled “Tea Party” senator!

But Pennsylvania’s junior senator didn’t stop there.

Ignoring injustice: Philly Black Officials Silent On Police Brutality

By Linn Washington, Jr.


Philadelphia -- Back in 1978, a respected newspaper columnist in in this city blasted local black elected officials for their failure to criticize police brutality – the scourge that ravaged blacks for decades, often with the sanction of white elected officials like then Philadelphia Mayor Frank Rizzo, a former city police commissioner.

The case for harm reduction: Philip Seymour Hoffman and Drug War Sanity

By John Grant


It was to be expected. A famous person’s death by heroin overdose becomes a catalyst for today’s equivalent of the lynch mob. Leading the pack, Bill O’Reilly immediately and aggressively called for heads to roll. Soon, four people were arrested in Manhattan for allegedly selling the drugs to the Academy Award winning actor.

Arrest Bush in Richmond, Va.

To: Richmond, Va., Mayor Dwight C. Jones, Police Chief Ray J. Tarasovic, Sheriff C.T. Woody Jr,

From: David Swanson, author; Phil Wilayto, editor, The Virginia Defender; Ana Edwards, chair, Defenders' Sacred Ground Historical Reclamation Project

We hope you will consider this request from deeply concerned Virginians on its legal merits rather than its acceptability in certain social circles or how it might be received by certain television talking heads.

Conspiracy to torture has long been a felony in the U.S. Code, in both Title 18, Section 2340, and Title 18, Section 2441.  The United States is also a party to the Convention Against Torture, which requires the criminal prosecution of complicity in torture, and which -- under Article VI of the U.S. Constitution -- is part of the supreme Law of the Land.

Were a local resident credibly accused of torture, we sincerely doubt you would hesitate to seek his or her immediate arrest and indictment.

Waterboarding was universally recognized as torture until its acceptance by the U.S. government between 2001 and 2009.  The United States hung Japanese soldiers for it following World War II, and U.S. citizens have been convicted for it in U.S. courts.

Former U.S. President George W. Bush has repeatedly admitted to personally authorizing waterboarding.  He has made this confession in writing and on television, repeatedly, also declaring "I would do it again."

The Virginia state legislature has banned Virginia law enforcement personnel from cooperating with federal efforts to detain any U.S. citizen in accordance with the National Defense Authorization Act in violation of the U.S. Constitution.  George W. Bush ordered such unlawful detentions, including in the well-known case of Jose Padilla, as well as numerous such unlawful imprisonments and kidnappings of non-U.S. citizens, including one case in Italy for which 23 U.S. subordinates of President Bush have been convicted in criminal court.

Then President George W. Bush's submission of his March 18, 2003, letter and report to the United States Congress justifying a war on Iraq on false pretenses violated federal criminal law, including: the federal anti-conspiracy statute, 18 U.S.C. - 371, which makes it a felony "to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose..."; and The False Statements Accountability Act of 1996, 18 U.S.C. - 1001, which makes it a felony to issue knowingly and willfully false statements to the United States Congress. Not only does overwhelming evidence show us that Bush knew his claims about WMDs to be false, but the former president has shown us that he considers the question of truth or falsehood to be laughably irrelevant. When Diane Sawyer asked Bush on television why he had claimed with such certainty that there were so many weapons in Iraq, he replied: "What’s the difference? The possibility that [Saddam] could acquire weapons, If he were to acquire weapons, he would be the danger." The difference was, of course, one of life and death, but also one of law.

The Law Enforcement Oath of Honor reads:

On my honor,
I will never betray my badge,
my integrity, my character,
or the public trust.
I will always have
the courage to hold myself
and others accountable for our actions.
I will always uphold the Constitution
my community and the agency I serve.

This admirable oath does not commit one who swears it to upholding the Constitution when convenient, or finding courage when Fox News approves, or betraying one's integrity as long as there's a good excuse handy.

There is no good excuse we are aware of not to arrest George W. Bush if he sets foot in Richmond as he plans to do to speak at the Richmond Forum.  Other towns in the United States have passed ordinances committing to seeking his arrest should he set foot there. Bush could be arrested and turned over to federal authorities.  What they do with him, if anything, is not our concern.

Or Bush could be arrested and indicted in Virginia.  Why Virginia?  A program of warrantless spying instituted by Bush has almost certainly violated Virginia law in Virginia.  Programs of lawless imprisonment and torture developed by Bush have almost certainly violated Virginia law in Virginia, including in the case of Chelsea Manning's torture at Quantico under Bush's successor, as well as the case of Yaser Esam Hamdi whose illegal treatment under Bush's presidency has been recognized as such by the U.S. Supreme Court.  The CIA's torture program has almost certainly violated Virginia law, U.S. law, and the Convention Against Torture at the CIA's headquarters in Langley and its training facility in Williamsburg. Virginia's obligations under the Convention Against Torture are not eliminated by the United States' open and shameful violation of that treaty. Members of the U.S. military from Virginia were sent to their deaths in Iraq on the basis of claims known by Bush and his subordinates to be false. That last fact led famed prosecutor Vincent Bugliosi to draft an indictment of Bush for murder.

Powers seized by Bush are being continued and expanded by his successor in the White House, whose attitude of law enforcement by "looking forward" is a grant of immunity that the state of Virginia is under no obligation to support.

We thank you for your serious consideration of the legal and moral action to be taken in this moment of national weakness.  We would be grateful for your response, and we promise to seriously consider any points on which you can enlighten us.

Sincerely,
David Swanson, author; Phil Wilayto, editor, The Virginia Defender; Ana Edwards, chair, Defenders' Sacred Ground Historical Reclamation Project

Justice gets the shaft when it involves Mumia: Sen. Toomey and Philly DA Williams Slam Obama Rights Nominee for Seeking Justice

The latest from ThisCantBeHappening!:

 

Justice gets the shaft when it involves Mumia:

Sen. Toomey and Philly DA Williams Slam Obama Rights Nominee for Seeking Justice


By Dave Lindorff


Cop literally a ‘ball-buster’: Sexual Assault and Other Philadelphia Police Scandals

By Linn Washington Jr.

 

Philadelphia -- A January 7, 2014 police assault on Darrin Manning that resulted in the 16-year-old honor student's needing emergency surgery to repair a ruptured testicle, is outrageous but hardly unusual in this city.

Cop literally a ‘ball-buster’: Sexual Assault and Other Philadelphia Police Scandals

By Linn Washington Jr.

 

Philadelphia -- A January 7, 2014 police assault on Darrin Manning that resulted in the 16-year-old honor student's needing emergency surgery to repair a ruptured testicle, is outrageous but hardly unusual in this city.

Public Vengeance as a Career Tool: "American Hustle" and Prosecutorial Politics

By John Grant

“In this town, money talks and bullshit walks.”

                        -PA Rep. Ozzie Myers on his Abscam tape

Political sports scorekeeper Chris Matthews recently predicted American Hustle would become a classic film of American politics of the order of Citizen Kane. I’d add All the King’s Men and All the President’s Men.

What’s so wonderful about American Hustle is that it’s very serious at the same time it has great fun with a contemporary political system dominated by the archetype of the aggressive prosecutor. While a servant of the state, he or she ruthlessly advances a career by bringing down others. Dishonesty and the entrapping scam are major tools of the trade.

With Chris Christie, the whole smelly system has narratively come full circle. An aggressive federal prosecutor with eyes on the White House is suddenly the hunted prey of other hungry prosecutors looking for a career boost. The attorney credited with getting the goods to put away Governor Blagojevic in Illinois has been hired to go for Christie.

While American Hustle may be based on the late seventies Abscam scandal, it’s more art than journalism or history. “Some of this actually happened,” we’re told on screen up front. Like all good fiction based on reality, the art is in finding a deeper truth...

Republicans Recycle Excuses: Christie's Defense Ties Bridgegate to Racial Profiling

By Linn Washington


New Jersey Governor Chris Christie’s Bridgegate defense of being misled by staff members resembles a defense advanced in 1999 by another once top Republican NJ official to distance himself from a his role in a contentious 1990s-era scandal that roiled the Garden State: racial profiling by NJ state troopers that targeted minorities for illegal enforcement.

Same criminal spying but with a White House blessing: Obama in NSA Speech Says Nothing Will Change

By Alfredo Lopez


This past week, the Federal government threw a one-two punch that will effectively destroy the Internet as we know it. Demonstrating, once again, his talent for obfuscation and misdirection, President Obama made a speech about reforming the NSA and controlling surveillance that actually officially recognized, sanctioned and even expanded the NSA's domestic spying and cyber-warfare.

Gangsters, warriors, thugs TAO is the NSA's Band of Technology Criminals

By Alfredo Lopez


On this website, we've speculated that one outcome of the flood of NSA-centered revelations has been to desensitize U.S. citizens and diminish outrage at what is actually revealed. We are becoming conditioned to the horror story that is the National Security Administration.

The US Department of Injustice: Harsh Prosecution for the Little People and the Big Guys Skate

By Dave Lindorff


The US Department of “Justice” has a distinctly nuanced concept of that term, taking a tough, no-holds-barred stance when it comes to individuals -- especially little people without much power or influence -- and trying at all costs to avoid prosecution when it comes to the powerful, and to big corporations -- especially big financial corporations. That schizoid approach to prosecution is personified in the recent actions--and inaction--of the DOJ’s man in Manhattan, US Attorney for the Southern District of New York Preet Bharara.


Talk Nation Radio: Edward Herman on the International Criminal Court (for Africa)

https://soundcloud.com/davidcnswanson/talk-nation-radio-edward

This show opens with an awesome poem about drones by Misty Rowan.

Edward S. Herman says that Desmond Tutu is wrong to support the International Criminal Court, given its bias for prosecuting only Africans and only those Africans not working with the United States. Herman is a Professor Emeritus of Finance at the Wharton School, University of Pennsylvania, where he gave courses in micro- and macro-economics and financial regulation for 30 years. He also taught courses on The Political Economy of the Mass Media and on The Analysis of Media Bias at the Annenberg School of Communication at Penn for a decade.  He has a regular "Fog Watch" column in the monthly Z Magazine and has published numerous articles on economics, finance, foreign policy, and media analysis in a wide array of professional and popular journals. Among his published books are The Political Economy of Human Rights (2 vols, with Noam Chomsky, South End Press, 1979); Corporate Control, Corporate Power (Cambridge University Press, 1981); Demonstration Elections: U.S.-Staged Elections in the Dominican Republic, Vietnam, and El Salvador (with Frank Brodhead, South End Press, 1984); Manufacturing Consent: The Political Economy of the Mass Media (with Noam Chomsky, Pantheon, 1988, revised editions 2002, 2008); The "Terrorism" Industry (with Gerry O'Sullivan, Pantheon, 1990); and most recently, The Politics of Genocide (with David Peterson, Monthly Review Press, 2010); and an edited volume, The Srebrenica Massacre: Evidence, Context, Politics (Alphabet Soup, 2011).

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One cheer for the Times (three for the Guardian): Nation’s Major Paper Says Snowden’s a Hero, but Won’t Say Obama’s a Criminal

By Dave Lindorff


Let’s start here by conceding that today’s New York Times editorial saying that President Obama should “find a way to end (Edward) Snowden’s vilification and give him an incentive to return home” was pretty remarkable.

It shouldn’t be, though.

Looking for clues, not 'sacred' relics: NY Times admits Exhumation Proves Ex-Brazilian President Murdered

By Dave Lindorff

A few weeks ago, WhoWhatWhy ran a piece of mine criticizing a subtly deceptive article in the New York Times that made light of a wave of exhumations of popular leftist figures in Latin America. Quoting unnamed “scholars,” the paper’s Latin American correspondent Simon Romero suggested the forensic digs may be the secularized continuation of customs from the time of early Christianity, when a vibrant trade involved the body parts of saints.

That, in fact, is nonsense.  The purportedly “natural”, “accidental”, or “suicide-related” deaths of such important left-leaning figures as Nobel Laureate Pablo Neruda, Brazil’s President Joao Goulart and Chile’s President Salvador Allende all occurred during the rule of various rightist dictators.

The re-examination of evidence in these cases is based therefore on strong skepticism about the “official” narratives of their deaths.  This skepticism, in turn, is based on a well-documented history of thousands of cases of political murder in the region.

Far from looking for relics to sell, investigators are looking for evidence that these deaths were actually assassinations, the work of fearful tyrants anxious to prevent the victims’ return to power.  Now one result is in, and it’s explosive.

Truth Commission: Juscelino Kubitschek Assassinated

Investigators from Brazil’s Truth Commission, looking into the 1976 car crash of former leftist Brazilian president Juscelino Kubitschek and his limo driver, have discovered a bullet fragment lodged in the driver’s skull. This finding, the Commission ruled, along with other evidence, suggests that Kubitschek was murdered—most likely at the behest of the leaders of the CIA-backed military coup that also ousted his successor Joao Goulart.

US hypocrisy over diplomatic immunity: US Embassy and Consular Employees Deserve It, Foreign Diplomats Not So Much

By Dave Lindorff

 

The diplomatic brouhaha between the US and India over a federal arrest and multiple strip-search and cavity search of a high-ranking Indian consular official in New York has exposed the astonishing hypocrisy of the US when it comes to the issue of diplomatic immunity.

Corporate media keeps US citizens in the dark: Pakistan Outs Three US CIA Station Chiefs in Three Years

By Dave Lindorff


For the third time in three years, a CIA station chief has been outed in Pakistan, a country where the CIA is running one of its largest covert operations. It’s a remarkable record of failure by the CIA, since each outing, which has required a replacement of the station chief position, causes a breakdown in the agency’s network of contacts in the country.


A Holiday Fantasy: If I Were Emperor of the USA

By John Grant


It’s that time of the year again. Ho. Ho. Ho. There’s the urge to celebrate the Winter Solstice (AKA Christmas) with family and friends. It’s also time for end-of-the-year assessments concerning the absurdities of life in a fading empire in denial.

Historic opportunity missed: Obama Failed To Deliver Long-Overdue Apology To Mandela

By Linn Washington, Jr.


When Barack Obama, the first black president of America, delivered remarks during a South African memorial service for that country’s first black president, he muffed a historic opportunity to right a grave wrong done by the American government – one that helped send Nelson Mandela to prison for nearly 30-years.

Obama, during his remarks at a Johannesburg, SA memorial service for Mandela, who died on December 5 at age 95, recalled how that world-revered leader had endured “brutal imprisonment.”

Historic opportunity missed: Obama Failed To Deliver Long-Overdue Apology To Mandela

By Linn Washington, Jr.


When Barack Obama, the first black president of America, delivered remarks during a South African memorial service for that country’s first black president, he muffed a historic opportunity to right a grave wrong done by the American government – one that helped send Nelson Mandela to prison for nearly 30-years.

Obama, during his remarks at a Johannesburg, SA memorial service for Mandela, who died on December 5 at age 95, recalled how that world-revered leader had endured “brutal imprisonment.”

Federal Court to Examine Illegality of War on Iraq

A federal court will hear argument next April from an Iraqi woman who claims the Iraq War was illegal under international law.

Plaintiff Sundus Shaker Saleh, an Iraqi single mother and refugee now living in Jordan, filed a complaint in March 2013 in San Francisco federal court alleging that the planning and waging of the Iraq War was a "crime of aggression" against Iraqi civilians, a legal theory used at the Nuremberg Trials to convict Nazi leaders for planning and waging wars in Europe during World War II.

Saleh served the complaint in June 2013 against six Bush-era officials, including George W. Bush, Richard Cheney, Colin Powell, Condoleezza Rice, Donald Rumsfeld and Paul Wolfowitz. Her complaint seeks damages for herself as well as for other Iraqi civilian victims of the war.

Saleh alleges that Rumsfeld and Wolfowitz openly planned the Iraq War beginning in 1998 through a neoconservative think-tank called "The Project for the New American Century." She further alleges that once in power, Rumsfeld and Wolfowitz convinced other Bush officials to invade Iraq and to use 9/11 as an excuse to scare and mislead the American public into supporting a war.

President Obama's Department of Justice (DOJ) is representing the defendants and has filed court papers seeking to immunize them from civil proceedings, arguing that these former officials were acting within the scope of their employment in planning and waging the Iraq War. The Obama DOJ has also argued that Saleh's lawsuit is a political question and should be dismissed.

"This is the first time that a court will examine arguments that the Iraq War was illegal under international law," chief counsel Inder Comar of Comar Law said. "We will ask the court to recognize the Nuremberg judgment as binding precedent against these six defendants, and to reject the Obama DOJ argument that Bush-era officials were acting within the scope of their employment when they publicly planned the Iraq War prior to entering office."

In 1946, the International Military Tribunal at Nuremberg ruled that planning and waging a war of aggression is the "supreme international crime" and convicted Nazi leaders of engaging in premeditated wars that violated international law. Several Nazi leaders were sentenced to death for committing the crime of aggression and other war crimes.

The case is Saleh v. Bush (N.D. Cal. Mar. 13, 2013, No. C 13 1124 JST). Oral argument is set for hearing on April 3, 2014, 2:00 p.m., in the Northern District of California, San Francisco division.  Updates, including court documents, can be found at http://witnessiraq.com.

Contact:
Press at Comar Law
press@comarlaw.com

COMAR LAW

901 Mission Street, Suite 105
San Francisco, California 94103

Killing the First Amendment in Dealey Plaza: JFK Assassination 50th Anniversary and the Eyes of Texas (Pt. II)

By Lori Spencer


“This is content based denial of free speech in a public park and at a designated historic site. Dealey Plaza belongs to history and to the American people, especially on the 50th anniversary.”

              -- John Judge, executive director of the Coalition on Political Assassinations
 

'High' hypocrisy on Capitol Hill: Congressional leaders ignore calls for Radel's resignation

By Linn Washington, Jr.


Florida U.S. Congressman Trey Radel, recently convicted of possessing cocaine, rightly wears the label of Drug War hypocrite, but assigning that total to just that one prominent felon helps tends to hide the long-standing stench of Drug War hypocrisy that extends from Capitol Hill to the White House and state capitals nationwide, including members of both parties.

Speaking Events

2016

War Is A Lie: Second Edition
Book Tour

May 19, Sarasota, FL, 7:00 p.m. Fogartyville Community Media and Arts Center 525 Kumquat Court, Sarasota, FL

May 20, Jacksonville, FL, 7:00 p.m., Florida Christian Center Auditorium, 1115 Edgewood Ave S, Jacksonville, FL 32205, (904) 381-4800.

May 21, Gainesville, FL
7:00 p.m.
Unitarian Universalist Fellowship of Gainesville, Florida
4225 NW 34th St, Gainesville, FL 32605
(352) 377-1669
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May 28, San Francisco, CA
11 a.m. to 1 p.m., David Swanson interviewed by Daniel Ellsberg, at San Francisco Main Public Library, 100 Larkin Street.
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May 28, Marin County, CA
4 to 6 p.m., David Swanson in conversation with Norman Solomon, at Book Passage, 51 Tamal Vista Blvd., Corte Madera, CA
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May 29, Oakland, CA
3 to 4 p.m., David Swanson interviewed by Cindy Sheehan, at Diesel: A Bookstore, 5433 College Avenue at Kales (near Manila), Oakland, CA
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May 29, Berkeley, CA
7:30 to 9 p.m., David Swanson and Cindy Sheehan at Berkeley Fellowship of Unitarian Universalists, sponsored by the Social Justice Committee and Cynthia Papermaster, 1606 Bonita Ave. (at Cedar), Berkeley, CA
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May 30, Fresno, CA
2 to 4 p.m., David Swanson and Cindy Sheehan at a Peace Fresno event
Community United Church of Christ
5550 N. Fresno Street
Fresno, CA 93710


June 11 St. Paul, MN, 6 p.m. at Macalester Plymouth Church Social Hall 1658 Lincoln, St. Paul, MN.
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June 12 Minneapolis, MN, 9 and 11 a.m. at St. Joan's 4533 3rd Ave So, Minneapolis, MN, plus peace pole dedication at 2 p.m.
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Other Events Here.

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