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Profile: Daphne Eviatar
Daphne Eviatar was a participant or observer in the following events:
The US Court of Appeals for the Ninth Circuit reinstates the case of Mohamed v. Jeppesen Dataplan, overruling strong objections from the Obama administration (see February 9, 2009), which argued that the case risked revealing “state secrets.” The New York Times writes that the verdict “deal[s] a blow to efforts by both the Bush and Obama administrations to claim sweeping executive secrecy powers.” Five victims of the CIA’s “extraordinary rendition” program are suing Jeppesen, a subsidiary of Boeing, for assisting the CIA with its transfer flights to and from secret overseas detention sites. The former detainees are joined in their suit by the American Civil Liberties Union (ACLU). A lower court had previously ruled in the government’s favor while President Bush was in office; the Obama administration supported the Bush administration’s position. The logic of the state secrets privilege, the appeals court panel writes, “simply cannot stretch to encompass cases brought by third-party plaintiffs against alleged government contractors for the contractors’ alleged involvement in tortious intelligence activities. Nothing the plaintiffs have done supports a conclusion that their ‘lips [are] to be for ever sealed respecting’ the claim on which they sue, such that filing this lawsuit would in itself defeat recovery.” The ACLU had argued that there was no compelling reason to prevent the victims from bringing suit against a government contractor who allegedly assisted in their torture. The pursuit of those claims would not necessarily endanger state secrets. [Washington Independent, 4/28/2009; New York Times, 4/28/2009]
Government Asked for Immunity from Oversight, Court Finds - Repudiating the state secrets claim in the case, the appeals court adds: “The [government’s position] has no logical limit—it would apply equally to suits by US citizens, not just foreign nationals; and to secret conduct committed on US soil, not just abroad. According to the government’s theory, the Judiciary should effectively cordon off all secret government activities from judicial scrutiny, immunizing the CIA and its partners from the demands and limits of the law.” [Salon, 4/28/2009]
Civil Liberties Advocates Celebrate Verdict - Civil liberties correspondent Daphne Eviatar calls the decision “a huge victory, not only for the five victims themselves, but also for many civil liberties advocates.” Former civil litigator and columnist Glenn Greenwald calls the government’s position a “radical secrecy theory” that should have been repudiated in its entirety. “Today’s decision is a major defeat for the Obama [Justice Department]‘s efforts to preserve for itself the radically expanded secrecy powers invented by the Bush [Justice Department] to shield itself from all judicial scrutiny,” he writes.
Further Actions Possible - The Obama administration has the option to ask for another appeals court hearing, ask that the Supreme Court review the decision, or accept the ruling. Greenwald is certain it will ask for another appeal. [Washington Independent, 4/28/2009; Salon, 4/28/2009]
Journalist Daphne Eviatar writes that during the eight years of the Bush presidency, prosecutions and enforcement of the 1994 Freedom of Access to Clinic Entrances Act (FACE—see May 1994) “cratered,” with Justice Department officials refusing to prosecute or sometimes even investigate complaints of vandalism, harassment, and assault. After the recent murder of abortion provider Dr. George Tiller (see May 31, 2009), Eviatar and the Washington Independent obtained government data showing that enforcement of the FACE law, and other federal laws designed to protect abortion providers and clinics, declined by 75 percent during the Bush presidency. Between 1994 and 1999, when President Clinton was in office, the Justice Department filed 17 complaints under the FACE Act. Between 2001 and 2009, when President Bush was in office, the Justice Department only filed a single case. Tiller’s own clinic was vandalized numerous times, but complaints against the actions were ignored by the department. Statistics provided by the National Abortion Federation (NAF) show that over 3,200 acts of violence against abortion providers in the US and Canada were committed between 2000 and 2008, and the organization says the number of actual incidents was probably “much higher.” The number does not include threats, vandalism, and harassment. NAF statistics show that at least 17 cases of “extreme” violence against abortion providers in the US were reported, including arson, stabbings, bombings, and fake anthrax mailings. But the Bush Justice Department only prosecuted 11 individuals for these attacks. The two highest-profile anti-abortion prosecutions were those of anthrax mailer Clayton Waagner (see 1997-December 2001) and bomber Eric Rudolph (see April 14, 2005). However, none of Waagner’s or Rudolph’s associates in the extremist organization Army of God (see 1982) were ever prosecuted as accessories to the two activists’ crimes. Neither was the Army of God ever investigated as a potential domestic terrorist organization (see Early 1980s). [Washington Independent, 6/12/2009]
Kenneth Gladney being wheeled around a protest in Mehlman, Missouri. [Source: Common Cents (.com)]Anti-health care reform protesters hold a rally in Mehlville, Missouri, to protest what they say was the beating of fellow protester Kenneth Gladney by “union thugs” (see August 6-8, 2009). Gladney is prominently featured in the protest, sitting in a wheelchair with his knee bandaged and holding a flag emblazoned with the words, “Don’t Tread on Me.” Gladney says he was beaten by a number of members of the Service Employees International Union. The SEIU says that Gladney is inflating the confrontation, and that he initiated the fight. Gladney has become a cause celebre among conservative anti-reformists, with talk show hosts Rush Limbaugh and Bill O’Reilly, among others, telling his story to their listeners. “Limbaugh gave the address” of the SEIU offices, one protester says. “This is just a demonstration of numbers.” Gladney’s lawyer, David Brown, reads a statement to the crowd of around 200 people, saying on Gladney’s behalf: “A few nights ago there was an assault on my liberty, and on yours, too. This should never happen in this country.” Brown then tells the crowd that Gladney is unemployed and has no health care insurance, and is accepting donations towards his care. Brown would not elaborate as to what, if any, legal strategies he and his client are planning. [St. Louis Post-Dispatch, 8/9/2009]
Inflating the Story - Gladney’s story has taken on new details as he has retold it to a variety of conservative talk show hosts and to Mary Katharine Ham of the Weekly Standard. In its latest iteration, he was mauled by a number of SEIU “thugs” who drove him to the ground and “brutally” beat him while screaming racial epithets. Three of his assailants, he says, were wearing SEIU shirts. Unfortunately for his story, the video uploaded to YouTube which Ham says proves his story actually shows something quite different. The injured party in the video is clearly identifiable as an SEIU member. Gladney is pulled to the ground by another SEIU member, but no one punches or kicks him; instead, he bounces to his feet and walks off camera. Media Matters reporter Eric Boehlert writes: “The only real mystery from the incident is why Tea Party member Gladney, who’s seen up-close after the brief encounter walking around and talking to people and who appears to be injury-free, then decided to go to the hospital to treat injuries to his ‘knee, back, elbow, shoulder, and face.’ All that from a two-second fall to the pavement? Also unclear is why he contacted a newspaper reporter, or why his attorney wrote up lavish accounts and sent them to conservative bloggers, or why Gladney and his attorney appeared on Fox News.” [Media Matters, 8/8/2009; Weekly Standard, 8/8/2009]
Lied about Health Insurance - Days later, other elements of Gladney’s story will change. Brown will confirm that he can no longer represent Gladney because he was involved in the altercation as a “witness” and therefore cannot be involved in any legal proceedings on Gladney’s behalf. Brown will also confirm that Gladney’s claim not to have health care insurance is “misinformation.” Brown will say, “He’s just unemployed [and] has insurance through his wife.” Brown has identified himself as a “friend” of Gladney’s, but is unsure what kind of job Gladney had before his alleged layoff, and is not sure what Gladney’s wife does for a living, either. St. Louis Tea Party organizer Bill Hennessy confirms that Gladney is still soliciting donations to help him pay for his injuries, even though he has insurance: “Well, who doesn’t need a donation? If people want to give him a donation because he’s injured and unemployed, that’s up to them.” Brown says Gladney has raised about $1,100 in donations so far. Reporter Daphne Eviatar confirms that Gladney appears uninjured in the video, and only began appearing in a wheelchair after landing interviews on Fox News. Brown says his brother, Andrew Beeny, will represent Gladney, and that neither he nor Beeny have copies of Gladney’s medical report. Brown says Gladney intends to sue both the individuals who he claims attacked him and the SEIU, since “unions have a 100-year history of intimidation.” [Washington Independent, 8/10/2009]
Entity Tags: Eric Boehlert, Bill O’Reilly, Bill Hennessy, Andrew Beeny, David Brown, Weekly Standard, St. Louis Tea Party, Mary Katharine Ham, Fox News, Service Employees International Union, Daphne Eviatar, Rush Limbaugh, Kenneth Gladney
Timeline Tags: US Health Care, Domestic Propaganda
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