On Saturday, September 9, over 900 Rise for Climate, Jobs, and Justice rallies were held worldwide. Indivisible East Bay represented at the San Francisco rally, with some 30,000 (that’s the reported, but unconfirmed, number) others on a gorgeous day, starting with two minutes of silence and connection with the earth.
There were songs and some short speeches, and then we marched from the Embarcadero to City Hall, where we ended with another two minutes of silence and reconnection. At City Hall, marchers also found a bustling resource fair. Our IEB table was in excellent company between Indivisible SF and Indivisible Berkeley (why should the Indivisibles be separated?!?)
IEB Governance Committee member Nick Travaglini held down the fort for the entire day, from 10 a.m. to 4 p.m., and GC member Nancy Latham joined Nick for the last two hours after the march was over. From 2 to 4 PM a constant stream of people stopped by to learn more about Indivisible and to sign up to get our weekly newsletter and participate in actions with us. We hope to see some of these new faces at the next All Member Meeting: September 30, 1-3 PM at Sports Basement, Berkeley. RSVP (free, of course) and details here. We hope you join us, too!
Photographs by Nancy Latham
Nancy Latham is on IEB’s Governance Committee, and is a passionate member of the Resistance. In her day job, she works with non-profits, foundations, and government agencies that support greater equity and justice through initiatives in youth development, education, housing, and community development.
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 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.
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.
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:
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!
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.
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!
Update: IEB members participated in an August 25, 2018 rally at San Quentin in support of the National Prison Strike; stay tuned for a first-person report.
On August 21, 2018, prisoners around the US began a three-week strike “demanding humane living conditions, access to rehabilitation, sentencing reform and the end of modern day slavery.” This strike, which involves work strikes, sit-ins, boycotts and hunger strikes, is in response to the April 2018 riot at Lee Correctional Institution in South Carolina, during which seven prisoners died while guards waited hours to take action. The dates are significant: August 21st is the anniversary of the date on which Black Panther Party Field Marshal and prison activist George Jackson was killed by a prison guard in 1971; September 9th is the anniversary of the Attica Prison Rebellion, which erupted two weeks after Jackson’s assassination.
Indivisible East Bay is endorsing the strike and stands in solidarity with incarcerated people who suffer through the American penal system.In particular, we appreciate those who work to fight the wildfires throughout California for as little as $2 per hour. California has argued in court against releasing prisoners because it finds their cheap labor so valuable, which philosophically aligns with the legality of slavery under the 13th amendment. We cannot stand by as these workers are undervalued simply because of their conviction of a crime and imprisonment without a voice or adequate rehabilitation programs.
Therefore, we urge all of our members and others to stand in solidarity with those striking through September 9. IEB will periodically publish events that members can attend to support this effort, including one on August 25 at San Quentin. We also encourage members to spread the word about the strike and to ask elected officials to meet the 10-point list of demands, and to investigate root causes for the increase in incarceration rates in the US since the 1970s.
OMG! We witnessed on Tuesday August 21, in little more than an hour, a confluence of events that a political thriller screenwriter would reject as too far-fetched. But the head-spinning news was true, and, if you’re Paul Manafort, Michael Cohen or Donald Trump, the truth was astonishingly bad.
At almost exactly the same moment, in two courthouses only a few hours drive from each other, two of Trump’s key associates were found guilty on multiple counts for federal crimes.
At the same time as the Manafort jury delivered the guilty verdicts, Trump’s long-time personal lawyer and “fixer” Michael Cohen stood in a federal courtroom in New York City and pled guilty to five counts of tax evasion, one count of bank fraud, and, most critically for potential impact on Trump, a count of havingviolated campaign finance laws “in coordination with and at the direction of a candidate for federal office.” Trump isn’t named, but Cohen’s court filing refers to “Individual-1, who by January 2017 had become president of the United States.” The violation refers to payments Cohen made to Stormy Daniels and Karen McDougal to prevent them from going public with their salacious stories in the weeks before the 2016 election.
While no one expects Trump to admit it, the day’s events put the lie to any notion that the Mueller investigation is a “rigged witch hunt” or “hoax.” Quite the contrary.
We can’t overstate the shattering implications of what went down on Aug. 21. For starters, Cohen stated under oath in open court that “Individual-1” (evidently He Whose Name May Not Be Spoken, but who we all know is Donald J. Trump) conspired with him to commit a federal crime. Cohen further said that the charge linked to McDougal was done “for the principal purpose of influencing the election.” In normal times, this alone would be sufficient to initiate impeachment proceedings. Sadly, these are not normal times. Rather, these are times when a gutless GOP-controlled Congress won’t even think the “I” word for fear of Trump and his base turning on them.
Meanwhile, 69-year old Manafort faces a sentence that legal experts estimate from seven to 10 years, and a second trial on separate Russia-related charges due to start next month. The pressure for him to cut a deal for leniency in exchange for info about Trump appears immense.
Which is why Aug. 21 shoved us a huge step closer to the precipice of a constitutional crisis! Trump could pardon Manafort and/or Cohen. Most likely? A pardon of Manafort to try to keep his former campaign manager from “flipping.” And Manafort’s steadfast refusal (preceding his convictions) to bargain with prosecutors suggests he is counting on a pardon. Conversely, appearing on the Today show the Day After, Cohen’s lawyer Lanny Davis stated that his client would not accept Trump’s pardon, elaborating that Cohen “. . . considers a pardon from someone who acted so corruptly as president to be something he would never accept.”
Trump’s pardon of a key witness would be a serious, crisis-precipitating obstruction of justice; an attempt to impede the investigation into crimes his co-conspirator has plead guilty to, crimes that may have altered the outcome of the election and thus call into question the legitimacy of his victory.
This is one of the “red lines” on the list issued by MoveOn, Indivisible, and many other groups, that will trigger mass protest if Trump crosses one:
Pardons of key witnesses
Actions that would prevent the investigation from being conducted freely, such as replacing Deputy Attorney General Rod Rosenstein, Mueller’s current supervisor, or repealing the regulations establishing the office
Ted Landau contributed to this article. Ted is a retired professor of psychology. He has also spent several decades as a tech journalist/author — writing primarily about Apple products. He has been politically active in the East Bay since moving here in 2004.
After Contra Costa Sheriff David Livingston announced on July 10, 2018 that he was terminating the County’s contract with Immigration and Customs Enforcement (ICE), several local groups that had been working to support the immigrant detainees at West County Detention Facility in Richmond mobilized to help ICE detainees who were at risk of being transferred out of state. These transfers would have left the detainees far from their families, communities, and attorneys. Learn more about the Sheriff’s decision at our article.
There are many ways you can help!
Bake for Bonds! Support the Freedom for Immigrant Community Bond Fund – help make these fundraisers, organized by the El Cerrito Progressives, a success. The bake sales will raise bond funds for approximately 150 adults. Drop by one of the many bake sales, or volunteer to bake and/or staff a table. You can see all of the dates and locations sign up here. Any questions? Email Sherry Drobner.
Another fundraiser by the El Cerrito Progressives seeks to raise $5,000 to get at least one detainee out of WCDF. They’ve already raised over $3,000, help them get to their goal! Donations go directly to the West County Detention Facility Community Fund, and will be managed by Freedom for Immigrants. Updated August 24, 2018: The El Cerrito Progressives has informed us that as of August 19 there were only eight ICE detainees remaining at the West County Detention Facility because ICE transferred the rest of the detainees out of state although they had court dates in San Francisco. Rebecca Merton of Freedom for Immigrants, the organization handling the Community Bond Fund has said: “we definitely still need more fundraising! We are actually running low on funds. And now, in addition to bonding people out, we need to pay for last-minute airfare for folks from cities like Denver, Honolulu, and Tacoma back home.”
Other ways you can help!
Get trained as a volunteer with Freedom for Immigrants Bay Area. See information here.
Actions at West County Detention Facility: The Interfaith Coalition for Human Rights holds a monthly vigil there, usually the first Saturday each month – check their calendar for date & time. And Kehilla Community Synagogue’s Immigration Committee holds a protest there the second Sunday of each month, from 11 AM to 12 PM.
Keep the Heat on ICE! Join the weekly El Cerrito Shows Up protests organized by a coalition of groups including El Cerrito Progressives, Indivisible East Bay and CA-11 team members; every Thursday from 6 to 7 PM at western entrance to El Cerrito Plaza.
With midterm election day barreling toward us, local political groups (including Indivisible East Bay, of course) and elected officials are stepping up their efforts to make sure we cross the November 6 finish line as victors. The first weekend in August – we’ve hit the less-than 100 days out, folks – saw many IEBers participating in a wide variety of events. Didn’t make any of them? Here’s a quick roundup. Oh, and don’t miss any more, check out the upcoming events listings in our weekly newsletter and our Midterm Election Work webpage!
Paint Congress Blue, Art + Action Festival
On Sunday August 5, crowds of people from the Bay Area and beyond met in Oakland to Paint Congress Blue. The free block party featured art, activism and a visit from an infamous barnyard fowl.
IEB, together with Indivisible Berkeley, Sister District, Swing Left, Working America, and more, helped organize the event. Each group had a table to provide opportunities for the public to get educated and get involved. IEB’s table had supplies for writing GOTV (Get Out The Vote) postcards to voters in swing districts. By the end of the evening, IEB volunteers and members of the public had written over 170 postcards to voters in California Congressional Districts 1 and 21!
Don’t miss these upcoming IEB postcarding and social events:
August 25, 2-4 PM: IEB Ale & Mail! No-host mingle & postcarding at Hop Yard Alehouse in Pleasanton. Info & RSVP.
At the main stage, speakers from each organization described their methodology and goals. Kristen Law (co-lead of the IEB CA-11 Team) spoke about the work of Indivisible East Bay, highlighting the successes of our Judiciary Team and efforts to hold our members of Congress accountable.
Between speeches local musical groups entertained the crowd, and Project Bandaloop, an aerial dance team, also performed. A number of art galleries in the district were open for tours.
Lest we forget, the guest of honor was the Trump Chicken, a 13-foot tall inflatable chicken that bears a striking resemblance to, well, you-know-who! Attendees could have their photos taken while giving the Chicken a piece of their mind. By any measure, Paint Congress Blue was a huge success, and a good time was had by all; well, except for maybe the Chicken.
Phone Banking for Northern Nevada
Want to help GOTV (Get Out the Vote) beyond our deep blue Bay Area? Here’s one way: Northern Nevada. That was the message delivered by two members of Issue Voters of Northern Nevada at IEB’s July All Members Meeting. The group is focused on contacting unaffiliated voters in Washoe County to ask what issues matter most to them. The number of these voters has grown dramatically in recent years — to the point that they will likely be the deciding factor in the November election.
Five IEB members who were fired up by this appeal packed their mobile phones and laptops — and headed off to Oakland for an afternoon of phone banking. They spent three hours calling voters, using national Indivisible’s virtual phone bank system. As is common with phone banking, most calls wound up with no one picking up, but the good news is that those who did answer were usually willing to talk and share their thoughts.
According to Toni Henle, one of the “IEB five,” the group made about 200 calls and “each of us had four or five good conversations (and a couple of not-so-good ones); we found it helps that others are around to share the good and bad!”
Can you help turn out the Nevada vote? We’ve scheduled two phone banks on Sundays August 19 & 26 from 3-6 PM at our hostess’ house in north Oakland. To join us, email firstname.lastname@example.org. And there are several other phone- and text-banking opportunities listed in our newsletter and this webpage.
Starting in September, there’ll also be opportunities to drive to Reno to canvass voters identified as “persuadable” for Democratic Senate candidate Jacky Rosen, running against Dean Heller, one of the Senate’s most vulnerable Republicans.
Rep. Mark DeSaulnier: Immigration town hall
Representative Mark DeSaulnier (CA-11) has been to our southern border, witnessing first-hand what Trump’s Zero Tolerance immigration policy means. DeSaulnier’s message to constituents attending his immigration town hall in Concord on August 4, was that the policy is something we, as Americans, should have zero tolerance for.
In a slide-show presentation that focused on immigration, DeSaulnier walked through the damage being done — including the fact that at least 500 children may now be permanently orphaned because they were separated from parents who were subsequently deported.
DeSaulnier described his trip to the border crossing at Brownsville Texas. Upon arrival, he met with a federal judge who confided that the immigrants here were not “bad people.” In most cases, they were legally seeking asylum. DeSaulnier attended the adjudication of 70 individuals, the majority of whom came from Central America, immigrants who had traveled thousands of miles and paid as much as $20,000 to “coyotes” to gain transport to the border.
DeSaulnier also met with several families who had recently been re-united. A young boy told him how, after being separated from his family, an immigration official had told him: “Your parents don’t ever want to see you again.”
Finally, DeSaulnier was able to tour a facility for new arrivals, the place where immigrants are housed in fence-enclosed “cages” (as you may have seen in television reports). Several immigration officials related how uncomfortable this all made them. One lamented that he had sought the job after 9-11, to be one of the “good guys” helping his country; he now felt he had become one of the “bad guys.”
An obviously emotional DeSaulnier stressed to the town hall audience that “this has to stop. It is not acceptable.” What the Trump administration is doing at the border is not only ethically wrong, it is illegal!He described efforts to get legislation passed that addresses the issue. The frustrating problem is that GOP Speaker of the House has absolute control over which bills can be brought to the floor for a vote. Even though DeSaulnier is supporting at least two bills that would pass if voted on, Speaker Ryan has refused to let them reach the floor.
The meeting concluded with a Q&A where members largely voiced support for the work DeSaulnier is doing. At one point, he gave a shout-out to Indivisible — complimenting us for pressuring him to “tell us what you are doing about it.” Watch the recorded Town Hall here.
Rep. Eric Swalwell: baseball and town hall
For Eric Swalwell, Representative for the CA-15 Congressional district, last weekend was a combination of fun and business.
Fun was an Oakland A’s pre-game tailgate party at the Coliseum, which he hosted. After wrapping that up, it was on to the game itself, where Rep. Swalwell threw out the ceremonial first pitch!
The business part was a town hall meeting at Hayward High School on Saturday August 4. Swalwell answered questions on a wide range of issues, including health care, immigration, climate change, the rights of veterans and, of course, the investigation into Russia’s interference in the 2016 election. His final words touched on FDR’s four freedoms: the freedom of speech, freedom of worship, freedom from want, and freedom from fear — with a new freedom added by Swalwell to provide hope in today’s troubled times: the freedom to dream.
Many constituents were interested in getting involved in the efforts to counter the Trump administration’s actions. That’s when IEB’s CA-15 team co-leads Ward and LeAnn Kanowsky stepped up to the plate. They and other members passed out flyers recommending IEB as a great resource for those wanting to be more involved.
And IEB activism elsewhere too!
Several other intrepid IEB members took their activism on the road over the weekend as well! IEB superstars Amelia Cass and Linh Nguyen attended the Tahoe Summit, delivering a letter to keynote speaker Alaska Senator Lisa Murkowski from 29 of her constituents asking her to vote NO on Supreme Court nominee Brett Kavanaugh. And Nancy Latham traveled to New Orleans to join with thousands of other activists at the Netroots Nation conference. Read her inspiring first-hand account.
Paint Congress Blue photographs by Wesley Chang, see more of Wesley’s PCB photos here.
Ted Landau, Alice Towey, Toni Henle and Ward Kanowsky contributed to this report.
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 articleshere, here, here, here, and here (wow, we’ve been busy!) for more info, suggested call scripts, and actions you need to take.
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.
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
When we heard that the difficult to pin down Senator Lisa Murkowski was slated to be the guest speaker at the August 2018 Tahoe Summit, which several Indivisible East Bay members planned to attend, we reached out to Indivisibles in Alaska to see if there was a message we could bring to the senator on their behalf.
Sen. Murkowski is one of the most likely swing votes on the Brett Kavanaugh Supreme Court nomination. She regularly breaks with Republicans to vote to fund Planned Parenthood (though she has yet to break with them in support of a judicial nominee) and she has demonstrated willingness to stand up to Republican pressure on ACA repeal.
Twenty-nine of her constituents gave us a letter asking her to vote NO on Kavanaugh, saying,
Here in Alaska, we are terrified that under a Kavanaugh Supreme Court, hundreds of thousands of us would lose access to safe, effective health care and autonomy over our bodies. We fear that the brave men and women who take on tough and dangerous work to bring prosperity to their families and our state will lose their protections. And we worry that if the federal government, under this president, or a future president, takes action that harms Alaska and we take it to court, this Supreme Court will automatically decide against working Alaskans.
After almost being denied access to the event by some Nevada State troopers, we successfully delivered the letter to Sen. Murkowski as she was entering the event, and told her that Alaskans are counting on her. She was very polite and friendly and thanked us for giving it to her, though her staff was kind of rushing her past us. She said she was headed to Alaska tonight to have some meetings about Kavanaugh, but she did not say who those meetings were with – we hope they are with her constituents, a majority of whom believe the Senate should not confirm a Supreme Court Justice who will overturn Roe v. Wade.
The Alaska Grassroots Alliance is collecting additional signatories to the letter we delivered here. Please share their petition with anyone you know in Alaska!
Protesting works! Activism pays off! That’s a message we got loud and clear from Contra Costa Sheriff David Livingston’s July 10, 2018 press conference announcing that he is terminating the County’s contract with Immigration and Customs Enforcement (ICE).
In practical terms, this means the West County Detention Facility (WCDF) in Richmond will no longer be used to “incarcerate undocumented migrants.” In resistance terms, it’s a victory that many, including members of Indivisible East Bay and our CA-11 team, have long worked to accomplish.
For months previously, WCDF had been the site of increasingly frequent and larger protests over the immigrant detainee issue. The matter gained additional traction in the chaos caused by the Current Occupant’s policy of separating refugee children from their parents. In announcing the termination, Livingston admitted that the public’s growing opposition and mounting political pressure significantly affected his decision. As we said, score one for the effectiveness of persistent protesters.
Cancelling the ICE contract was praised by most local politicians and officials, including Supervisor John Gioia, who declared that housing ICE detainees “erodes the trust between local government and local law enforcement and our immigrant communities. Ending the contract is a critical step in rebuilding this trust.” Rep. Mark DeSaulnier (CA-11), who previously called for termination of the contract, also spoke out in support.
Not everyone shared this view. At the press conference, County Supervisor Karen Mitchoff said she was sorry to be losing the contract. One concern was about how the County would make up for lost revenue; the ICE contract reportedly provided around $3 million in profit. Another was that detainees would be moved to sites much further away from family members, supportive communities, and their immigration lawyers.
A solution to the relocation problem, advocated by the Contra Costa Immigrant Rights Alliance and other groups active in assisting immigration detainees, would be to release currently held detainees as they await their immigration hearings. Not relying on the administration to release the detainees, these same groups have organized the West County Detention Facility Community Fund to raise donations to pay bond for those who can’t afford it and to pay for related expenses such as phone calls from detention centers.
There’s more than a bit of irony to the Sheriff’s decision. While he deserves credit for finally terminating the ICE contract, we can’t forget that he has long supported and defended it — which is why people have been protesting at WCDF. His decision looks more like political pressure forcing a one-time capitulation rather than a change of heart. The Sheriff himself has given us much reason to take such a harsh view. To see why, let’s take a closer look at Livingston’s political history:
David Livingston was first elected as Sheriff for Contra Costa County in 2010. His initial term passed with apparent little controversy, leading to his unopposed reelection in 2014. Over the next four years, his tenure took a dramatic turn.
In 2017, the East Bay Times‘ Editorial Board objected to Livingston’s heavy-handedness and “bombastic bullying” in dealing with those who “dare disagree with his policies.” As one example, the article noted that the Sheriff rejected a police dispatch contract for El Cerrito as “punishment” for the city’s opposition to an unrelated Livingston-supported West County jail expansion plan.
Later in 2017, twenty-seven WCDF inmates sent a letter, detailing allegations of abuse, to civil rights organization Community Initiatives for Visiting Immigrants in Confinement (CIVIC — the national group recently re-named itself Freedom For Immigrants). Among the allegations, detainees described being locked up for hours and told to use bags in their cells when they needed to go to the bathroom. In response to the letter, Rep. DeSaulnier asked the U.S. Department of Justice to investigate the claims of mistreatment. Numerous other politicians were similarly critical of the Department. Sheriff Livingston denied the accuracy of the letter but did pledge an investigation (we are unaware of any publicly released results).
In March of 2018, the Mercury News reported that Livingston banned CIVIC volunteers from entering the jail for a routine visit. The advocacy group labelled it as “retaliation” for their prior publicizing of the allegations of abuse. Human Rights Watch supported CIVIC’s complaint, noting that the Sheriff’s decision appeared to be “in response to protected speech, rather than alleged violations of policies and procedures.” In other words, Livingston was again deploying his tactic of “bullying” opponents.
In April, Livingston was accused of publishing the release dates of inmates in what appeared to be an attempt to assist ICE in tracking the inmates upon their release. In response, the California Senate began debate on a bill that would end the ICE contract and prevent “law enforcement from communicating and cooperating” with ICE. Not surprisingly, Livingston strongly opposed the bill, calling it a “disaster.”
During this same period, Richmond Mayor Tom Butt sought to have a tour of the West County facility and Rep. DeSaulnier sought to visit a local children’s shelter that was housing two adolescent girls separated from their parents at the U.S.-Mexico border. Both politicians were denied permission initially, but by July, close to the time of the ICE contract termination, permissions were granted.
Amidst all of this controversy, Livingston was again running — unopposed! — for re-election as Sheriff. A strongly worded editorial in the East Bay Times lamented the lack of an opponent to Livingston and his “wrong-headed ideas and practices.” Similarly, IEB asserted that we should “speak out against his record and make sure none of our Democratic representatives supports him.”
Given the lack of an opponent, IEB and the CA-11 team, and several other groups, endorsed a “no confidence” write-in campaign against the Sheriff, rather than asking people to leave the ballot blank. Although the County’s official final vote tally shows Livingston receiving 100% of the vote (160,926), that is misleading — the County told us prior to the election that only write-in votes for “qualified candidates” would be reported. In fact, Assistant Registrar of Voters Scott Konopasek has now informed us that the “total unqualified write in votes for Sheriff-Coroner was 5563.” That is 3.46%, a significant increase over Livingston’s prior races:
2010: 0.41% (692) of those voting for Sheriff used the write-in option
2014: 1.22% (1,328) of those voting for Sheriff used the write-in option
David Livingston is now on track to be the Contra Costa County Sheriff until at least 2022. In response, the CA-11 team, in coalition with other groups, may consider a recall effort. Recalls are very difficult, so we’ll also continue to search for someone to oppose him in the next election. One problem is that California law requires that a Sheriff candidate be in law enforcement — and it has been difficult to find qualified candidates willing to oppose Livingston.
In the meantime, we will continue to closely scrutinize his actions, ready to protest again whenever the situation demands, and to support those vulnerable populations who suffer most from his policies and practices. It worked this time. It can work again!
How you can help!
Actions at West County Detention Facility: The Interfaith Coalition for Human Rights holds a monthly vigil there, usually the first Saturday each month – check their calendar for date & time. And Kehilla Community Synagogue’s Immigration Committee holds a protest there the second Sunday of each month, from 11 AM to 12 PM.
Keep the Heat on ICE! Join the weekly El Cerrito Shows Up protests organized by a coalition of groups including IEB and CA-11 team members; every Thursday from 6 to 7 PM at western entrance to El Cerrito Plaza
This local fundraiser by the El Cerrito Progressives seeks to raise $5,000 to get at least one detainee out of WCDF. Donations will go directly to the West County Detention Facility Community Fund, and will be managed by Freedom for Immigrants.
Want to work with IEB and the CA-11 team to organize against the Sheriff? Email email@example.com or join the @moc_team_ca11 channel on IEB’s Slack.