Desert Shame

This action appeared in the Indivisible East Bay newsletter on October 4, 2018.

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Deadline: right now and ongoing – They gave the kids snacks, and that’s damn near all. They woke them in the middle of the night, put them on buses with backpacks, took them to tent jails in the West Texas desert. There are: no schools, not much legal representation or mental health services — it’s an emergency facility, doesn’t have to meet child welfare standards. The government says the kids won’t be there long, they’ll go to sponsor homes soon. We’ve heard that lie before!

Our Senators tell us calls on this national disgrace have fallen off while people call about Kavanaugh (we must multi-call!) Meanwhile, a ray of hope: a brand-new bill in the House of Representatives to prohibit ICE from arresting undocumented immigrants who offer to sponsor kids to get them out of baby jail. Tell your members of Congress: you want them to raise hell over kids in tent jails and you want them to support the “Prevent CHILD Harm Act of 2018.” Yes, even our good guys in DC need to hear from you. And the kids surely need help, ASAP.

What to say:

My name is ______________, my zip code is ____________ and I’m a member of Indivisible East Bay. I’m ashamed that this country is jailing immigrant children in tents in the desert without even pretending that they’re trying to meet child welfare standards. I want to thank [Senator or Representative] _____________ for fighting against the administration’s attacks against immigrant children and families. Please fight against putting kids in tent jails and put an end to this disgrace! [For members of the House of Representatives: And I want to ask _____________ to cosponsor the “Prevent CHILD Harm Act of 2018.”]

Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841

Sen. Kamala Harris: (email); (415) 355-9041 • DC: (202) 224-3553

Rep. Mark DeSaulnier: (email); (510) 620-1000 • DC: (202) 225-2095

Rep. Barbara Lee: (email); (510) 763-0370 • DC: (202) 225-2661

Rep. Eric Swalwell: (email); (510) 370-3322 • DC: (202) 225-5065

 

9/27/18 IEB & ISF Sen Feinstein office visit

Seventeen Indivisibles from IEB and Indivisible San Francisco met with Sean Elsbernd, Senator Dianne Feinstein’s state director, on September 27 at her San Francisco office. Our almost two-hour meeting was jam-packed with questions and “asks.”

First on the agenda: a detailed back and forth on how the homeless count in San Francisco is conducted. It was further emphasized that more resources were needed to help the homeless, from outreach to affordable housing. Sean seemed particularly concerned about the estimate that 2,400 kids may be homeless.

For those of you not placing the date, September 27 was the day Dr. Christine Blasey Ford and Judge Brett Kavanaugh testified in front of the U.S. Senate Judiciary Committee. Of course, the hearings came up, and we stressed – as we have consistently done – that we are firmly against Kavanaugh being confirmed as a Supreme Court Justice. The group urged Senator Feinstein to continue what she’s doing and to look as well for other methods to stop his confirmation.

On a not-necessarily-unrelated note, the topic of reauthorizing the Violence Against Women Act came up. Sean thinks that Congress will just extend the Act, at least for the short term.

Sean told us that on the important issue of immigrant family separation, their office is not getting phone calls, and that it’s crucial for people to keep this issue alive by contacting the Senator. He did acknowledge that the Kavanaugh hearings have diverted attention – but we should look for any opportunity to revive the issue.

Sean said that the House is expected to head home for campaigning and won’t be back until after the midterms, so don’t expect any legislation to pass that needs both chambers to act on.

We also talked about protecting the Mueller Trump-Russia investigation, election security, digital privacy, environmental/public health, the war in Yemen, the Farm Bill, workers’ rights, the federal judiciary, tax policy, trade, criminal justice reform, and having a town hall. Sean’s comments on each of those topics were informative and indicated the Senator’s position. As an example, the Farm Bill is in conference and the final version will have to be acceptable to 60 Senators regardless of what the House passed. Another insight: White House Counsel Don McGahn’s imminent departure will force the Administration and Senate Republicans to start from scratch on judicial nominations and will give Senate Democrats a bit of breathing room.

As of November 7, Sean will be the chief of staff for San Francisco Mayor London Breed. As of now, Senator Feinstein has not selected his replacement but he’s hoping that will be resolved shortly. The general feeling from the Indivisible folks was that Sean will be missed.

Read our memo to the Senator.

 

Stop Kavanaugh: rallying cry at IEB’s August AMM

It’s not just about getting out the vote on November 6, 2018. Yes, that’s critical. But there’s more than one front in our ongoing battle against Trump and his minions, so we gotta walk and chew gum at the same time! As important as the election — and with very long term implications — is the fight over control of our federal judiciary. A shocking statistic: Congress has already confirmed more of Trump’s nominations to appellate judgeships (24) in his first term than any other president going back to Reagan!

Right now, perched at the top of our judicial concerns sits the Supreme Court. The Republican-controlled Senate is pushing hard to get Brett Kavanaugh, Trump’s uber-conservative nominee, confirmed as soon as possible. Hearings are scheduled to start on September 4 — with most pundits predicting that success is almost certain.

The good news is that “almost certain” means “not 100% certain.” This fight is still winnable … if we act like it!

All of which brings us to the Indivisible East Bay August 26 All Members Meeting. An overflowing house packed the room, with many of the 200+ people there showing up for their first-ever IEB event.

Fighting the Kavanaugh Nomination

For the top attraction, we joined with MoveOn’s Unite for Justice national day of action to promote the fight against Kavanaugh’s nomination to the Supreme Court. Linh Nguyen, co-lead of the IEB Judiciary Team, delivered an impassioned presentation detailing exactly why we must push as hard as we can to delay or prevent the vote on Kavanaugh:

  • Linh gave a distressing overview of what we already know of Kavanaugh’s equally distressing record: his opposition to Roe v. Wade, his assertions that a sitting President should be exempt from any investigation, his support for unlimited pardon power for the President (even before defendants stand trial), his belief that the Consumer Financial Protection Bureau is unconstitutional, his opposition to climate change protection measures, and his support for vote-suppressing voter ID laws.
  • There’s likely much more, but it has been hard to find out; thanks to the GOP’s obstruction in Congress, only 6% of his record has been made available to the public!
  • Yes, Kavanaugh has stated that Roe v. Wade is “settled law.” But don’t be seduced by this admission! Saying the case is settled does not imply that Kavanaugh believes it was correctly decided. If he is confirmed to the Supreme Court, he could still act to overturn it — and probably would.
Linh Nguyen's presentation on Kavanaugh, photo by Catherine de Neergaard
Linh Nguyen’s presentation on Kavanaugh. Photo by Catherine de Neergaard

Linh also talked about the Judiciary Team’s efforts to coordinate with Indivisibles and other groups around the country to block other Trump nominees to federal courts — nominees who are too far-right, blatantly partisan, or unqualified to hold the lifetime positions. The Team’s work has paid off! Activists’ pressure has terminated the nominations of Jeff Mateer, Brett Talley, Matthew Petersen, and Ryan Bounds. These potential judges were exposed as racist, homophobic, and/or lacking in any judicial experience. While Trump appears to view these attributes as desirable, our opposition eventually forced an embarrassed GOP to abandon the nominees.

What can you do?

All of which bring us to … YOU, and what you can do to prevent further judicial disaster from becoming a reality.

First and foremost: contact your senators EVERY DAY by phone, email, or fax to voice your opposition to Kavanaugh. It doesn’t matter that they’re already on record as opposed to his confirmation — contact them (every day) anyway! Their staff tells us it helps immensely for them to hear our support. Otherwise, they only hear from constituents who disagree, making it harder for them to hold to their positions. That’s why, at the meeting, all attendees took direct action by making phone calls and writing more than 300 (!) postcards to Senators Dianne Feinstein and Kamala Harris.

IEB member Amelia hand-delivered 160+ postcards to Senator Harris
IEB member Amelia hand-delivered 160+ postcards to Senator Feinstein. Photo by Amelia Cass.

Please do the same…right now!

What to say:

My name is ____. I’m a constituent from [zip code] and a member of Indivisible East Bay. I’m calling to ask the Senator to vote NO on Brett Kavanaugh’s nomination to the Supreme Court. I’m worried by his opposition to a woman’s right to choose, environmental and consumer protection, workers’ rights and common sense gun safety. His willingness to shield the president from prosecution and investigation is frightening. Kavanaugh’s nomination should be rejected.

  • Sen. Dianne Feinstein (email); (415) 393-0707 • DC: (202) 224-3841
  • Sen. Kamala Harris (email); (415) 981-9369 • DC: (202) 224-3553

Next: we can’t stop there. It’s essential that all 49 Democratic Senators are steadfast in their opposition to Kavanaugh — plus we need to get at least two Republicans to vote no. To accomplish this, we must contact Democratic voters in other states, particularly ones with vulnerable Republican Senators, encouraging them to voice their opposition to Kavanaugh and vote NO.

Three generations of resisters! Ellen, Meriam and Iris. Photo by LeAnn Kanowsky
Three generations of resisters! Ellen, Meriam and Iris. Photo by LeAnn Kanowsky

But wait, there’s more: Expanding on Linh’s call to action, IEB Governance Committee members Andrea and Charlotte offered additional actions you can take:

  1. Sign up for the IEB weekly newsletter. Each issue opens with 3 action items, and the actions are also listed on the Calls & Emails page of our website, and are featured on our Facebook page.
  2. Use social media to get the message out. Follow us on Facebook and Twitter, and post your support for IEB’s positions on your own social media pages, your Twitter feed or even on Nextdoor. Check out this perfect example of boosting the cause!
  3. Share these tips with your family and friends, especially those in other states, and ask them to take action.

The goal: make it so “expensive” for Mitch McConnell to twist arms that he abandons the effort to confirm Kavanaugh. We have the opportunity to win by running out the clock. If Kavanaugh is not confirmed by the end of the 2018 Congressional session, the nomination gets kicked back to the President, forcing a delay that could doom the appointment — especially if we win a majority of the Senate in November.

The ultimate symbol of America

While info and direct action to #StopKavanaugh was going full steam, kitchen science was also happening! IEB Wizard Ted Lam conducted extensive testing (yeah, noms!) to perfect a recipe for homemade Peet’s Major Dickason’s blend ice cream, and he let loose his team of IEB family members (his son Lucas and  volunteers extraordinaire Tiffany and George) to churn up 12 delectable quarts with a robin’s egg blue vintage electric ice cream maker.  

Tiffany, Lucas and George making ice cream for the resistance!
Tiffany, Lucas and George made ice cream for hungry activists! Photo by Heidi Rand

The action we take

George did double duty, and says that “after churning up resistance . . .  I mean ice-cream, I was posted post-haste to help out at the Postcards to Voters table.” Members flocked to write 100 postcards to Democratic voters in support of Audrey Denney and TJ Cox, running for Congress in California Districts 1 and 21. Both districts, largely rural and agricultural, are ripe to be flipped.

Aaaand that brings us full circle — back to the importance of the midterm elections, as we mentioned at the top of this article. Almost every problem we face right now will get better if we can end the GOP’s control of Congress; however, we need to continue keep making noise and applying pressure. Every phone call, postcard, and email counts!

 

Tracking down Senator Feinstein

On the morning of August 11, 2018, IEB members tracked down Senator Dianne Feinstein at a campaign office-warming for San Francisco Supervisor Catherine Stefani. It was a very cozy event of the kind Sen. Feinstein clearly (and understandably) prefers to open town halls — though during her remarks she did say something about envying Supervisor Stefani’s ability to get out and meet her constituents in her small district, compared to a whole state. That was a little galling from someone whom we’ve barely seen try to meet with the general public.

But the event was also kind of sweet in its way. Along with Sen. Feinstein, several SF women politicians came out to support Supervisor Stefani, including Mayor London Breed and State Treasurer Candidate Fiona Ma. Senator Feinstein led the crowd in a chorus of “Happy Birthday Your Honor the Mayor” and all of the younger women appeared genuinely starstruck to be there with one of their role models, whom a couple of them jokingly compared to Taylor Swift. Certainly, it was heartwarming to see this group of women come together to support each other and marvel at how much has changed — and how much has stayed the same — since Sen. Feinstein was the second woman (first elected) on the SF Board of Supervisors.

But the real reason we were there was to talk to Sen. Feinstein about Brett Kavanaugh’s nomination to the Supreme Court. We politely cornered her near the exit, shook her hand, and thanked her for everything she was doing, all her letters and tweets. We told her we were also working hard to fight the Kavanaugh nomination. As she edged away up the stairs, we told her we wanted to see action from the Democrats. She stopped, turned back to us and said that they would take action, but that we couldn’t win. As we looked at her, dismayed, she reframed the statement: Democrats in the Senate need Republicans to vote with them, and that to get that, we probably need some new information to come out. We agreed and told her we were working on both of those things too.

It’s clear that she hasn’t given up, and that she will keep up the fight to the best of her ability no matter what, but it’s also clear that she needs our calls and encouragement to build her strength and resolve. Because if we don’t win this fight, it won’t be because it was impossible; it will be because it was very hard and too many of us gave up. We need to make her believe that we can win, and we need to believe it ourselves because that’s the only way we have a chance.

Please contact both senators today and say:

My name is ______, my zip code is _________ and I’m a member of Indivisible East Bay. Thank you for everything you’ve done to protect the Supreme Court. Please keep fighting the Kavanaugh nomination and rallying your constituents. We are winning the battle for public opinion. Most Americans support reproductive rights, workers’ rights, and the ACA. We need to keep showing more of them that Kavanaugh threatens those things, and keep showing vulnerable Republicans how much they have to lose.

Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841

Sen. Kamala Harris: (email); (415) 355-9041 • DC: (202) 224-3553

 

Indivisible We Wrote!

By Charlotte McGoldrick

Indivisible East Bay’ers and friends packed our August 2018 postcard party, companionably writing 433 postcards and 14 letters, and all in time for lunch!

  • 240 postcards are headed to CA-1 voters in support of Audrey Denney, an agriculturalist and educator running for Congress against Republican incumbent Doug LaMalfa
  • 158 postcards are going to CA-21 voters in support of TJ Cox, an engineer and Central Valley small businessman running for Congress against Republican incumbent David Valadao
  • 25 postcards went to Senators Feinstein and Harris to ask them to keep fighting against Trump’s horrible, no-good presidential power-loving Supreme Court nominee Brett Kavanaugh
  • 10 postcards went to voters for Julie Goldberg, an educator running for a New York state senate seat, through Postcards to Voters
  • We also sent 14 letters to Democratic voters in Georgia through Vote Forward, another great organization that specifically targets voters who are unlikely to vote, with the goal of boosting voter turnout through the power of the pen. 

We loved seeing lots of new faces this weekend (including several under one-year old – children are always welcome)! Thank you to everyone who turned out to flip Congress blue. Couldn’t make this one? Itching to write to more voters? Great, let’s keep this going. Stay tuned for announcements about our upcoming postcard parties, always listed in our newsletter, on our Facebook page, and on our upcoming events webpage.

Postcard party August

And Mary McFarland of East Bay for TJ Cox is hosting a post-carding party on Friday, August 17, from 4:00-6:00 pm in Alameda. If you’d like to attend, please email Mary. Can’t make it? Check out other events here.

200+ postcards in support of Audrey Denney in CA-1
This is what 240 postcards in support of Audrey Denney in CA-1 looks like!

Learn more about activist postcard-ing at our article The Pen (plus .35 stamp) Is Mightier Than Yelling At Your TV. Have other questions? Want to let us know about your own postcarding events? Email us or contact @heidirand on Slack.  

Photos by Heidi Rand

Meeting with Senator Feinstein’s staff in Oakland

By George McRae

A group of mainly Indivisible East Bay members met for a great Q&A on Tuesday, August 14, 2018 at the Oakland Public Library with Senator Dianne Feinstein’s State Director Sean Elsbernd and Field Representative Abby Ellis.

Top of list: the upcoming confirmation hearings for Supreme Court nominee Brett Kavanaugh. Senator Feinstein has been adamant and doing what she can to open up all the hidden files on Kavanaugh, while Senator Grassley is pushing to start hearings the Tuesday after Labor Day, so when the Supreme Court meets the first Monday in October (the Court’s traditional giddy-up) they’ll have a full house of nine. Discussion revolved around the National Archives not being able to even produce the requested documentation by at least the middle of October. The issue of Kavanaugh perjuring himself when he was being vetted for the D.C. District Court was discussed and it was clarified that those documents are in the pile at the Archives.

What to do about it?? Call Senator Feinstein’s and also Senator Harris’s offices REPEATEDLY! Yes, emailing over and over – daily, if not hourly – is vital. Seriously. The Senators’ staffs keep track of numbers of contacts per zip code per issue and calls, faxes, emails are weighted EQUALLY. Senator Feinstein asks for and is given daily reports on numbers for and against issues, and the zip codes where the comments are from. So if she gets ten thousand calls supporting Kavanaugh, that’s what she gets. If, on the other hand, she gets ten thousand calls against Kavanaugh, then that’s what she gets! She is shown the high volume reports daily. The staff stressed that they are NOT hearing from US about Kavanaugh, and the lack of calls is a mystery. [Ed. note: see our current actions, posted here, and call every day. The Kavanaugh actions listed are all still timely]

We discussed that many people think they don’t have to call because they know that the Senators are opposed to Kavanaugh already, or know their public position on another issue, but again, THEY NEED to hear from us even so! In addition, they really need to hear our thanks when they are doing a good job! It encourages them to keep going in getting the work done on the issues we strongly support.

IEB meeting with Sen. Feinstein staff Aug. 13, 2018

We discussed the tariff war, and the destruction it is bringing to our state as well as to the rest of the country. Sean specifically mentioned harm from the tariffs on Chinese goods that have provoked Chinese retaliation in the form of tariffs on agricultural exports and said that small, medium and even large farms are looking at this coming Labor Day as the day to decide whether they can live or die as businesses. Sean also said that such harm is galvanizing even GOP Senators from states with a large agricultural base.

We touched on some international issues, including a discussion about Israel, Turkey, and Iranian nuclear proliferation. Sean said that Sen. Feinstein is very concerned about problems that Netanyahu is causing, and about the threat of global economic collapse due to the ongoing economic crisis in Turkey.

Finally, we asked the Senator’s position on universal health care, and as we’ve heard from Sean before, the question is how to pay for it, and the Senator’s main concern is to make sure that everyone is covered first.

 

George McRae works as a theater professional, an audio-describer for blind and visually impaired people, and standardized patient for healthcare educators. Oh, he also keeps bees. 

Photographs by George McRae

Experts talk about how to beat the Kavanaugh nomination

By Candace Goldman

On August 2, 2018, Indivisible East Bay took part in a community meeting in Berkeley to discuss Trump’s nomination of Brett Kavanaugh to the United States Supreme Court, and actions we can take to prevent his approval by the Senate. IEB co-sponsored the meeting with the California Civil Rights Coalition, Equal Justice Society, The Center for Independent Living, and People For the American Way.

The evening was emceed by Eva Paterson, a long-time civil rights advocate, and speakers included Leslie Proll with the NAACP, Amy Everitt of NARAL Pro-Choice California, Raymundo Jacquez III from Centro Legal de la Raza, Noreen Farrell of Equal Rights Advocates, Dan Roth with the American Constitution Society, and IEB’s own Linh Nguyen, who co-leads our Judiciary Team.  Linh did a masterful job of informing the gathering about what IEB and the Judiciary Team have been doing. She really engaged the audience and was an inspiring example of what we can do when we band together to take action.  Great job, Linh – and thank you!

The speakers addressed the dangers a Kavanaugh confirmation would represent – and they are legion – and also the actions we can take to defeat his nomination.  Everyone’s rights and interests are at risk with this potential swing position on the Supreme Court – from women’s health to labor protections, from shredding Executive accountability to continuing environmental destruction to endangering the lives of immigrants.  Each speaker emphasized that it is NOT a foregone conclusion that Kavanaugh will be approved, but we need to keep a laser beam on the nomination and ramp up the pressure to defeat him.

What you can do:

  • Tell Senators Feinstein and Harris that you want them to vote NO on Kavanaugh in the Judiciary Committee; and that if the nomination gets out of committee and to the full Senate, you want them to vote NO and hold all other Democrats and swing voters to do the same
    • Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841
    • Sen. Kamala Harris: (email); (415) 355-9041 • DC: (202) 224-3553
  • Call all the people you know in the states whose senators are on the Judiciary Committee and urge them to tell their senators to vote NO on Kavanaugh in committee and, if necessary, in the full Senate
  • Ask all your friends to contact their senators – especially swing votes like Senator Murkowski of Alaska and Senator Collins of Maine – and tell them to vote NO if the nomination reaches the full Senate.
  • Read our articles here, here, here, here, and here (wow, we’ve been busy!) for more info, suggested call scripts, and actions you need to take.
  • Make your voice heard: Unite for Justice has called for nationwide rallies to oppose Kavanaugh on Sunday, August 26. Find an event near you at this link, or attend NARAL Pro-Choice California’s event from 1-3 PM, San Francisco Civic Center.
  • Educate yourself: the IEB All Members Meeting will also be held on August 26 from 1-3 PM at Sports Basement, Berkeley. Linh will present an updated version of the Kavanaugh presentation she made at the August 2 meeting. Please join us if you can – it’s important to educate ourselves about this unacceptable nominee who would serve for life (and he’s only 53 years old!) if confirmed. We need to keep the pressure intense to stop this dangerous nomination.

 

Don’t Expose Protesters to Alt-Right Retaliation

Tell the media they’re putting people in harm’s way

Did you read about how the media put protesters against white supremacists and neo-Nazis in danger of reprisals by the far right? No? Berkeley, we have a problem.

On August 5, 2018, Berkeley witnessed another “Say No to Marxism” rally. This rally built on the momentum of a similar gathering in Portland the day before, for which organizers recruited big names in the far-right. Although Amber Cummings, the Berkeley event’s main organizer, vehemently denied any association with America’s white supremacist movement, she has fought alongside them in the street – and as in Portland, some major white supremacy groups were invited to the rally, including Patriot Prayer, the Proud Boys, and American Guard. Cummings invited alt-right speakers including Bay Area Proud Boy Jeffrey Perrine, who became infamous at an earlier far-right rally where he called for immigrants’ heads to be “smashed against the concrete” and to “separate their kids.” After the event gained negative publicity, the Proud Boys’ leader, Gavin McInnes, pulled his official endorsement, and the American Guard were disinvited; but Perrine and other well-known white supremacists were still photographed at the rally.

On the morning of August 5th, a wide coalition of community groups came together to counter-protest. From the beginning, police arrested counter-protesters for infractions such as wearing masks and carrying sign posts to a political protest. And before we go any further: We understand that some people feel uneasy in the presence of protesters wearing masks, but we ask you to consider these facts:

  • Some of those most vulnerable to alt-right attacks, including people of color and LGBTQIA folk, feel a strong need to conceal their identities from white supremacists. Like other people about whom we read far too often, they can find themselves in trouble for no reason other than simply existing while being black or brown or gay; they may have no intent to do anything to harm anyone, but may rely on masks to protect themselves from being identified and bullied or worse once the protest is over.
  • That’s no idle fear: publicly posting the identities of counter-protestors for harassment and death threats is a common white supremacist tactic.
  • Thus, by arresting those wearing masks, police may be endangering precisely the people who need the most protection from white supremacists.

In light of this, what followed played right into the hands of the alt-right. The Berkeley Police Department tweeted the mugshots, full names, ages, and locations of those they arrested, and news outlets, including NBC Bay Area, CBS and Berkeleyside, reported their full names, ages and towns of residence – leaving vulnerable community members open to future harassment, death threats, and attacks by violent white supremacists.

Regardless of whether or not the protesters committed a crime – and no one had been charged at the time of reporting! – this kind of release of information does not further justice. Rather, it puts those arrested at a serious risk of violence and harassment from the far-right, incites fear, and has a chilling effect on the number of people willing to attend future protests. This matters. We as a community need to be able to show up when our friends, loved ones, and neighbors feel threatened. We need to know that we can show strength and solidarity and stand up to bigotry without fear of being targeted. And we need to know that local publications will not publish our personal information and make it easy for the people who wish us harm to find us.  Tell Berkeleyside, CBS and NBC (for CBS and NBC, please write a comment after the article) that we will not accept this dangerously negligent reporting or public shaming and that they do not represent us in their actions.

What you can say:

My name is ______ and I’m a member of Indivisible East Bay. I am outraged by your decision to publish the names, ages, and hometowns of those arrested at the August 5 rally and march in Berkeley. Alt-right organizations like those participating in this rally have a stated policy of exposing, harassing and threatening those who oppose them; your actions endanger members of our community and further embolden the far right in their tactics of violence and intimidation. I am asking you to remove this information from your article and commit to not repeating this sort of action that directly puts lives in danger.

Tell Your Members of Congress: Oppose H.R. 6054

Meanwhile, on the national front, there’s H.R.6054-Unmasking Antifa Act of 2018. This bill provides:

Whoever, whether or not acting under color of law, while in disguise, including while wearing a mask, injures, oppresses, threatens, or intimidates any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same, shall be fined under this title, imprisoned not more than 15 years, or both.

Let’s unpack that. It means, you could get put in jail, if you:

  • are exercising your free speech/assembly rights
  • while wearing a mask (what’s a mask? more on that in a minute)
  • and you injure, oppress, threaten, or intimidate anyone – whatever that means.

Now you’d think that:

  • you’re not supposed to injure, oppress etc. anyone anyway
  • and that should apply to everyone no matter their political beliefs (the law specifically doesn’t apply to the police, which is a whole other story).

– but, as Vice says, “After all, it’s pretty clear whom something called the ‘Unmasking Antifa Act of 2018’ is meant to target.”

Now, we know that there are folks on all parts of the political spectrum who don’t like Antifa, and many who don’t condone violence under any circumstances. That’s an important discussion, but it isn’t necessary to get into here, and this is why:

  • You might think this law doesn’t appeal to you, but you might be very wrong. I’ve never gone to a protest in a mask but I’ve pulled a scarf across my mouth and nose when stink bombs went off. That counts as a “mask.” And who knows but someone might hear me say something against the Current Occupant of the White House and claim that I intimidated them?
  • And it isn’t much of a stretch to imagine someone calling the police on a group of young people of color who are wearing masks and making a lot of noise – say, on October 31 …
  • Bottom line: Do you really want this government – which calls the media the enemy of the people and prosecutes non-violent people for being journalists or carrying medical supplies at protests – passing laws that by their very name are aimed at jailing protestors on the left?

Please tell your Member of Congress:

My name is ____, my zip code is ____ and I am a member of Indivisible East Bay. Please speak out against HR 6054, Unmasking Antifa Act of 2018. This government should not be passing unnecessary and poorly conceived laws that by their very name are aimed at protestors against white supremacists, at a time when the government is failing to take adequate action against white supremacists and supremacist organizations themselves. Please keep HR 6054 from becoming law.

  • Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841
  • Sen. Kamala Harris: (email); (415) 355-9041 • DC: (202) 224-3553
  • Rep. Mark DeSaulnier: (email); (510) 620-1000 • DC: (202) 225-2095
  • Rep. Barbara Lee: (email); (510) 763-0370 • DC: (202) 225-2661
  • Rep. Eric Swalwell: (email); (510) 370-3322 • DC: (202) 225-5065

Kavanaugh’s papers matter. You need to call.

Deadline: Just pick up the phone and call, would it kill you?

You don’t call. You don’t write. You think they don’t notice, but they do.

Back-channel reports to some Indivisible East Bay members confirm what press reports are starting to say: Senators aren’t hearing from their constituents about Brett Kavanaugh, and there’s no groundswell against him.

We know, it’s hard to get all excited about documents, especially with everything else going on, but let’s look at a little history:

  • 1971: during the confirmation hearings of Supreme Court nominee William Rehnquist, who joined the Court in 1972 and served as Chief Justice from 1986-2005, the Senate asked Rehnquist about a memo he wrote as a Supreme Court law clerk. In the memo, Rehnquist said the court’s 1896 ruling upholding racial segregation “was right and should be reaffirmed” – he said nope, that was just the opinion of Justice Robert Jackson, for whom he was clerking. The Senate, because those were gentler times, accepted the excuse; most historians don’t. Things might have been very different if the Democratic-controlled Senate had rejected Rehnquist and another judge had gone on to be approved.

  • 1971: The New York Times published the Pentagon Papers, a previously secret official Department of Defense history of the USA’s involvement in Vietnam. Daniel Ellsberg, who had worked on the papers, released them (without permission). The papers showed that the US carried out actions during the Vietnam War that the Johnson Administration kept secret even from Congress; that the administration had consistently lied about the war; that mainstream media reports about the war were untrue; and that the public was deliberately kept completely in the dark.
  • 1974: 34 years ago this week, on July 30, 1974, after President Nixon had resisted a prolonged attempt to require him to release information about the Watergate affair and other material, he finally complied with the Supreme Court’s decree and released subpoenaed recordings of White House meetings to the special prosecutor. The contents of those recordings, transcripts of which were made public, contributed to his resignation on August 9.
  • 1987: During the Reagan administration, the Tower Commission investigated the so-called Iran-Contra affair. They retrieved backup copies of files from a National Security Council computer mainframe, after NSC staff deleted the original files. Using these files and other documents, the Commission proved that the US government had broken numerous laws by secretly selling weapons to Iran (and also to Iraq) during the Iran-Iraq war.
  • 2017: A letter to Secretary of Homeland Security Kirstjen Nielsen and DHS Acting Inspector General John Kelly signed by six Senators, including Kamala Harris, says “We write today deeply alarmed by reports that the Department of Homeland Security (DHS) has been improperly – and perhaps unlawfully – destroying records of families that it separated at the border. … According to two officials at DHS, records linking children to their parents are mysteriously disappearing or being intentionally destroyed.”

What’s in the documents that Kavanaugh won’t turn over from his tenure in the Bush White House? Well, we don’t know, since we haven’t seen them, although there are now reports that Kavanaugh might have advised President Bush on how to get around the ban on torture during that time, and that we’d find information about this in the records that Judiciary Committee Chair Chuck Grassley won’t supply.

There’s still time to make our voices heard. The SF Chronicle quotes prominent local professor and Constitutional Law expert Rory Little as saying that “a ‘galvanized grassroots movement’ might change the equation.” And even the head of the libertarian/right-wing Federalist Society told the ultra-right wing corporate overlord Koch network that we have a chance to scuttle this nomination. BUT: you need to pick up that phone AND then get all your friends to pick up their phones. Especially your friends who live in Maine and Alaska, home of crucial swing Senators Susan Collins and Lisa Murkowski – these Senators felt the heat on health care and voted the right way, but they’re not feeling the pressure now, and they need to.

What to say:

My name is ____. My zip code is ____ and I’m a member of Indivisible East Bay. Thank you for demanding to review all of Supreme Court nominee Brett Kavanaugh’s relevant documents. Please keep it up! What we know about his views on reproductive rights, health care, and executive power is frightening enough already. I want to know what else is in his record that Republicans are so desperate to hide from the American people.

Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841

Sen. Kamala Harris: (email); (415) 355-9041 • DC: (202) 224-3553

Let’s See Your Papers, Brett Kavanaugh

Call Script

Hi, my name is _____ and my zip code is ____. I’m a member of Indivisible East Bay. I’m calling to support the Senator’s request for Kavanaugh’s documents from his work with the Bush-Cheney administration and Ken Starr’s investigation. It’s possible that the White House chose Kavanaugh as the Supreme Court nominee for reasons not yet apparent to most of us. We need a far more complete record for this candidate. I’m asking the Senator to stand firm in her request for these documents and to insist on their thorough review before Kavanaugh is examined before the Judiciary Committee. Without a complete record, the nomination hearing could be a travesty or a rubber stamp for Trump’s nominee.

Background:

Donald Trump’s second Supreme Court nominee, Brett Kavanaugh, has rightfully been called the “Forrest Gump of Republican Politics”: he worked with Ken Starr, served as the principal drafter of the Starr Report investigating Bill Clinton, worked for candidate George Bush during the Bush-Gore Florida recount, and worked in the George W. Bush White House. During those years he created a vast, but non-public, paper trail of his views on important issues. That’s critical, because he may have been nominated precisely because of those largely non-public views. Even his public views on the Presidency are extreme, as he once wrote that Congress should exempt the President from criminal prosecution and investigation while in office, including from questioning by criminal prosecutors or defense lawyers. Read our earlier article on various reasons why Brett Kavanaugh’s record is so disturbing.

At his Senate Judiciary Committee confirmation hearing, Kavanaugh will likely dodge answering how he would decide specific future cases or how he views or would rule on specific issues. Judicial nominees often do that under cover of avoiding making “pledges, promises or commitments…inconsistent with…impartial” judging under Canon 5(A)(3)(d)(1) of the Model Code of Judicial Conduct; but it also conveniently provides plausible deniability for Senators voting to confirm him. Without a written record, they can claim they are “shocked” at his future rulings. This is particularly critical given the Republicans’ narrow majority in the Senate and the Trump administration’s resulting recent withdrawal of another judicial nominee after his racist writings as an undergraduate became public.

Senate Minority Leader Chuck Schumer has urged Democrats not to meet individually with Kavanaugh until Kavanaugh’s past written work has been produced. Senator Dianne Feinstein, the highest ranking Democrat on the Senate Judiciary Committee, has demanded that the White House and Kavanaugh produce his past written work to be reviewed before any confirmation hearing. Indivisible East Bay has supported Senator Feinstein in her position (and in her hiring counsel specifically to vet Kavanaugh’s record). Republicans continue to oppose the scope of the request.

Please thank Senator Feinstein for her firm stance and call both her and Senator Harris, who is also on the Judiciary Committee, and ask them to insist that the White House and Kavanaugh turn over the documents he authored at the White House and while working for Ken Starr before the Judiciary Committee hearing.

By Dean Gloster. Dean is a former clerk at the U.S. Supreme Court who now writes novels. His debut YA, DESSERT FIRST, is out now.