Los Angeles Times:
Community members Tuesday called on the Anaheim City Council  to  address the lack of elected Latino representation by moving to a district-style election system instead of the current at-large process.
The press conference was held after a week of protests – some which turned violent – after two men were fatally shot by police officers.
The rallies have highlighted tensions in the city, which some say are the result of a community that feels marginalized.
The City Council is considering a Nov. 6 ballot measure to amend the voting process. It would require that four members of the five-member council be elected by district. Currently, the majority of the council members live in Anaheim Hills, an affluent enclave that is largely separated from the rest of the city.
According to a lawsuit filed by the American Civil Liberties Union in  June, the current at-large system has resulted in “vote dilution” for Latino residents.
Though Anaheim’s population is majority Latino, the city council has only seen three Latino members in city history, the lawsuit alleges.
The lawsuit also references a “history of discrimination in the city that still impacts the Latino community.”
Community members, some wearing neon pink stickers that said “four districts are not enough,” talked about neighborhood disparities, a lack of resources in minority neighborhoods and low-paying jobs in the city's manicured resort district.
Mariana Rivera, 33, has lived in the neighborhood where one of the shootings took place for nine years.
She said many children play in the streets, but some drivers speed through the neighborhood, so she has been working to try to get speed bumps installed for years.
“We want our community to be tranquil and clean,” she said.
Eric Altman, the executive director of a nonprofit that works with neighborhoods in the area, said that the districts should not be drawn by the City Council, but rather by an independent panel.
“We don’t put our civil rights to a popular vote,” he said.
Altman said that Anaheim was the largest city in California to elect its council at large. Anaheim is the most populated city in Orange County and among the top 10 in the state.
“At-large works when you’re a small, homogenous city,” he said. “But when you get to a certain size and a certain level of complexity and diversity … you have to go to district elections. There’s no other way to get representation.”
In response to recent events, Mayor Tom Tait and City Council members will conduct a special meeting Aug. 8 at Anaheim High School.
http://latimesblogs.latimes.com/lanow/2012/07/anaheim-community-members-call-for-district-elections-in-response-to-recent-shootings-1.html

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Tuesday, July 31, 2012 - 1:10pm

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By Nusrat Choudhury, Staff Attorney, ACLU National Security Project

Last week, the Ninth Circuit Court of Appeals unanimously ruled that the ACLU’s lawsuit challenging the U.S. government’s secretive No Fly List should go forward. This decision is a true victory for our clients and all Americans.
More than two years ago, 15 U.S. citizens and permanent residents, including four military veterans, were denied boarding on planes. None of them know why this happened. And no government authority has ever given them an explanation or a fair chance to clear their names.
In June 2010, we filed a lawsuit on their behalf. It challenges both the placement of these Americans on the No Fly List and the government’s failure to afford them a fair redress process after depriving them of their right to travel. We sued the logical government agencies: the FBI and its subagency, the Terrorist Screening Center, which creates and controls the No Fly List. But, in May 2011, the district court in Portland dismissed the case for lack of jurisdiction, ruling that we should have sued the Transportation Security Administration, which administers the (woefully deficient) redress process for travelers denied boarding on planes. We appealed to the Ninth Circuit.
At the hearing, I argued that the district court decision was wrong because TSA doesn’t have the power to put people on, or take them off, the No Fly List—that’s the job of the FBI and TSC. (You can listen to the argument here.) I also argued that placing our clients on the No Fly List without providing them any opportunity to confront and rebut the “evidence” against them is unconstitutional.
As the ACLU previously blogged, the government attorney astonishingly refused to concede that federal courts even possess the authority to remove names from the No Fly List. Taken to its logical conclusion, the government’s position would mean that no court would be able to correct the wrongful placement of American citizens and permanent residents on the No Fly List even if these people got to court by jumping through all of the hoops that the government argued should be put in front of them. According to the government, all a person could do is file a complaint with the existing TSA redress process, and simply hope that some government official would correct a mistake or change her mind. This position is untenable, especially because we know that government watch lists are bloated and include the names of innocent people.
Last week’s Ninth Circuit decision marked a first and important step towards putting a check on the government’s ability to blacklist its citizens without recourse.
The Ninth Circuit reversed the district court and permitted our lawsuit to go forward. It affirmed our position that the government had “concede[d] that TSC decides both whether travelers are placed on the List and whether they stay on it,” and found that it would be “futile” to order TSA to remove the plaintiffs names or give them a chance to clear their names from the No Fly List. It also recognized that the government failed to provide a good answer to a question of tremendous importance to our clients and all Americans:
At oral argument, the government was stymied by what we considered a relatively straightforward question: what should United States citizens and legal permanent residents do if they believe they have been wrongly included on the No-Fly List?
The Ninth Circuit reached the right answer: federal district courts can adjudicate citizens’ and permanent residents’ challenges to their placement on the No Fly List and their demand for a fair redress process.
This decision means that a court will finally consider our clients’ claims that a secret government watch list that denies Americans the ability to fly without giving them an explanation or fair chance to clear their names violates the Constitution. Our clients—and all Americans—are waiting for an answer to that question. We’ll keep you posted.

Date

Monday, July 30, 2012 - 6:15pm

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By Ted Metzger, with reporting from Joe Sutton
Two civil rights groups sued the CIA director, the defense secretary and two military commanders over two covert U.S. strikes that killed three Americans in Yemen last year.
The operations killed radical Muslim cleric Anwar al-Awlaki, his son Abdulrahman al-Awlaki and Samir Khan, editor of a Jihadist online publication.
The two groups - the American Civil Liberties Union and the Center for Constitutional Rights - filed the lawsuit on behalf of the parents of Anwar al-Awlaki and Samir Khan.
It claims the strikes that killed the three men violated their constitutional rights because the targeted attacks "rely on vague legal standards, a closed executive process and evidence never presented to the courts," according to the complaint filed in D.C. federal court this morning.
"It's about accountability," said Jameel Jaffer, the ACLU deputy director. "If the government is claiming the power, as it seems to be, to kill any American who is deemed to be a national security threat without judicial review of any kind, then we believe the government has an obligation to explain its actions."
But in the case of Anwar al-Awlaki, who was a major figure in al Qaeda in the Arabian Peninsula, the Justice Department said it is justified.
He was linked to the plot of the so-called "underwear bomber" Umar Farouk AbdulMutallab and alleged Fort Hood shooter Nidal Hasan, and the Justice Department says there is a legal framework in place that makes going to the courts unnecessary.
"It does not require judicial approval before the president may use force abroad against a senior operational leader of a foreign terrorist organization with which the United States is at war," Attorney General Eric Holder said in a March speech. “Even if that individual happens to be a U.S. citizen."
The legal argument is slightly different for Khan and al-Awlaki's son, both presumed to be collateral damage in the drone strikes.
Khan was killed in September alongside Anwar al-Awlaki, whose son, Abdulrahman al-Awlaki, died in a separate drone strike a few weeks later, also in Yemen.
It is unclear whom the U.S. was targeting in the attack and why al-Awlaki's son was near that location.
Jaffer hopes those questions will be answered in court.
Relatives say the terror suspect’s son was not affiliated with terrorism.
"I never thought that one day this boy, this nice boy, will be killed by his own government for no wrong he did certainly," his grandfather, Nasseral-Awlaki, said in a video statement provided to CNN by the ACLU.
The Khan family's attorney advised them not to make a statement, but family friend and former family spokesman Jibril Hough said the issue isn't personal, but constitutional. "What Samir thought, felt, etc. is not the issue. The issue is the Constitution and giving the government the power to kill anyone 'at will.' " Hough said he didn't agree with Khan, but, "He he had 'rights' as an American. If we don't have those rights, then we are not much better than the regime in Syria and other rogue places."
Holder said the U.S. takes the death of innocent bystanders into account.
"Under the principle of proportionality, the anticipated collateral damage must not be excessive in relation to the anticipated military advantage," Holder said in March.
The lawsuit against CIA Director David Petraeus, Defense Secretary Leon Panetta and two military officials seeks damages against the four government officials. It does not name a specific dollar amount, only saying "an amount to be determined at trial," according to the complaint.
"It's not about money," Jaffer said. "The main purpose of bringing the lawsuit is to obtain a kind of accountability that can only be obtained in a federal court."
This is the second lawsuit the ACLU has filed on behalf of Nasser al-Awlaki.
In 2010, it filed a suit in federal court trying to prevent the targeting killing of Anwar al-Awlaki after it was made public that he was on a U.S. government "kill list."
The court dismissed the case a few months later.
http://security.blogs.cnn.com/2012/07/18/first-on-cnn-civil-rights-groups-sue-u-s-for-killing-of-americans-tied-to-al-qaeda/

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Wednesday, July 18, 2012 - 6:25pm

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