RI religious leaders blame Trump, Gingrich for vandalism at local mosque


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kingston mosque vigilDuring an interfaith vigil for peace on Saturday, Rhode Island religious leaders implicitly and explicitly blamed Donald Trump, Newt Gingrich and the Republican rhetoric opposing religious freedom on the national political stage for vandalism that happened at a mosque in Kingston, Rhode Island on Thursday night.

“In one sense this incident is an isolated incident,” Rev. Don Anderson, the executive director of the Rhode Island Council of Churches who organized the vigil, told the crowd of well more than 100 people who came to be with the members of the Masjid al Hoda mosque Saturday.

“But we also need to understand that this happened in a context,” Anderson continued. “It took place in a context where there is irresponsible, hateful speech in our country. It is being applauded by many of our fellow citizens and it demands that we make a statement and stand up together.”

The isolated incident in question was an attack on the Muslim Community Center of Kingston, near the University of Rhode Island campus, Thursday night. A vandal broke windows in the mosque and spray painted “Muhammad prophet of butchers” on an outside wall. The context is Trump and other prominent Republicans who foment religious persecution by calling for new rules and regulations to monitor Muslims in America.

“When someone says that all Muslims should be banned from American shores, even temporarily, it hurts us all,” Anderson said. “When someone suggests that unconstitutional, anti-American suggestion that every American Muslim has to take a faith test, that is absolutely and positively wrong and we must stand together and acknowledge that and help people to understand that we don’t believe that. We do not believe that is the America that we want to live in. and we need to say that long and loud.”

Trump, the Republican nominee for president, has called for Muslims to be temporarily prevented from entering the United States. Gingrich, on Friday, said Muslim Americans should be subject to deportation based on a faith test. While Anderson didn’t name Trump or Gingrich specifically, other religious leaders did.

“The hatred and the animosity that is being spewed by … I can’t even describe them as leaders,” said a dismayed Iman Farid Ansari, a well-respected leader in the local Muslim community. “For Newt Gingrich to even suggest that there’s a test… What is it about freedom of religion that he doesn’t understand?”

kingston mosque vigil2Ansari put US Attorney Peter Neronha, who also spoke at the vigil, on the spot about Gingrich’s call for a religious test for Muslim Americans, an idea that was widely panned as both unconstitutional and un-American. “Our US Attorney is here,” Ansari said, motioning to Neronha, who was seated nearby. “Don’t you think it’s against the constitution? I think it is.” Neronha laughed along with the crowd, but didn’t otherwise offer a legal opinion.

Neronha’s office sometimes investigates vandalism against religious institutions. He said they are helping South Kingstown Police investigate the Kingston incident. About a similar hate crime against a Muslim school in West Warwick two years ago, Neronha said, “We’re still working on the incident at the Islamic school and there is promise in that investigation. I’m convinced we will bring that person to justice.”

Neither Neronha nor Congressman Jim Langevin followed the theme of putting some blame for local violence on national political figures. Of the three secular speakers at Saturday’s event, University of Rhode Island President David Dooley came closest to putting the local incident into a global perspective.

“It does seem, and in real ways it is true, that we face unprecedented times,” Dooley said. “The challenges, the diversity of those challenges, the magnitude of those challenges, is perhaps greater than it has ever been. But I think we can take some comfort, at least I hope we can, in the recognition that in many respects the hatred that we fight today has long been with us, and we have defeated it in the past.”

While the secular speakers shied away from being overtly political, the religious leaders did not. A Muslim, a Christian and a Jew each parsed the vandalism against the Kingston mosque as a symptom of the national dialogue.

“To think that a man running for president could promote and exacerbate policies of hatred, fear and suspicion is just simply unbelievable for all of us,” said Rabbi Howard Voss-Altman.

He implored people to follow the example of Supreme Court Justice Ruth Bader Ginsburg, who denounced Donald Trump earlier this week in spite of the tradition that justices remain apolitical.

“Don’t be shy,” Voss-Altman said. “Stand up, speak out. We will stand together to oppose hatred, and division, and fear. We do so today, we do so tomorrow, we do so on November 8 and then we continue to do so.”

During Sunshine Week, ACLU seeks court order for the release of documents a local journalist has sought for years


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acluThe American Civil Liberties Union of Rhode Island has asked a federal court to order the U.S. Drug Enforcement Administration (DEA) to release thousands of pages of documents in support of its Freedom of Information Act (FOIA) lawsuit on behalf of local journalist Philip Eil, who has been stymied for years in his effort to obtain from the DEA evidence disclosed at a major prescription drug-dealing trial. In its motion for summary judgment filed yesterday, the ACLU called for the release of  “the wrongfully withheld documents post haste.”

In a 15-page memo, ACLU volunteer attorneys Neal McNamara and Jessica Jewell, from the law firm of Nixon Peabody, argue that the DEA has wrongfully withheld thousands of pages of evidence shown during the 2011 trial of Dr. Paul Volkman, whom the Department of Justice calls “the largest dispenser of oxycodone in the country from 2003 to 2005” and who is currently serving four consecutive life terms in prison.

Requesting the prompt release of this trial evidence, McNamara and Jewell write, “The government cannot on the one hand hold this case up as an example of how it investigates and prosecutes diversion cases and on the other state that the majority of the evidence used to convict such a defendant is not actually available to the public.  FOIA is meant to prevent such ‘secret law.’ The general public clearly has an interest in knowing how Volkman was investigated and prosecuted.”

In support of the motion, the memo further notes that the federal government itself has uploaded to a publicly accessible judicial records website some of the documents it continues to withhold from Eil.

The ACLU’s legal memo was accompanied by an eight-page affidavit from Eil, in which he describes an array of obstacles he faced while covering the Volkman trial. Before the trial began, Eil says a DEA agent told him he could be charged with witness tampering for conducting interviews with potential witnesses. In 2011, while attending the trial, in Cincinnati, he was subpoenaed for testimony by the lead prosecutor and barred from re-entering the courtroom, though he was never actually called to testify. When he filed his FOIA request with the Department of Justice in February 2012, the agency took more than three years to fully respond, and withheld more than 85 percent of the pages it processed. Many of the pages released were significantly redacted.

“In 2009, when I learned of Volkman’s indictment, I set out to tell the story of a highly-educated man – my father’s former classmate – who became one of the most notorious prescription drug dealers in U.S. history,” Eil states in the affidavit. “As we approach the five-year anniversary of the verdict in that case . . . I am astonished that the vast majority of evidence from his trial remains sealed off to that case’s plaintiff: the American public.”

ACLU of Rhode Island executive director Steven Brown stated: “I am hopeful that the court will put a stop to the DEA’s flippant attitude towards the Freedom of Information Act.  The agency’s siege mentality in trying to wear out Mr. Eil through years of delays amounts to an appalling attack on the public’s right to know.”

The DEA (represented by the office of Rhode Island U.S. Attorney Peter Neronha), has until May 4th to respond to the ACLU’s motion, with rebuttal memos due in June and July. Oral argument will likely be heard before U.S. District Judge John McConnell, Jr. sometime later this year.

These filings take place during Sunshine Week, a week designated to educate the public about the importance of open government, and at a time of heightened criticism of President Barack Obama’s transparency record.  In 2015, the Associated Press reported that the Obama administration had “set a record again for censoring government files or outright denying access to them” in 2014. And, last week the Freedom of the Press Foundation reported that “the Obama administration – the self described ‘most transparent administration ever’ – aggressively lobbied behind the scenes in 2014 to kill modest Freedom of Information Act reform that had virtually unanimous support in Congress.”

Eil is an award-winning freelance journalist who served as the news editor and staff writer at the Providence Phoenix until the paper’s closing in 2014. He has since contributed to VICESalon, the AtlanticRhode Island Monthly, and elsewhere. He has conducted more than 100 interviews, across 19 states, for his book about the Volkman case.

Gordon Fox to plead guilty to bribery, campaign fund misappropriation


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gordonfox Former House Speaker Gordon Fox is facing three years in jail after agreeing to plead guilty to campaign finance fraud and accepting a bribe, state and federal officials announced this morning. The announcement seems the culmination of the investigation into Fox, a powerful Providence Democrat, that was marked by the high-profile raid of his State House office last year.

“When the search warrants in this case were executed nearly a year ago, there was talk about the State House being ‘the People’s House.’  I agree completely. The People’s House should be occupied by elected officials who hold office to serve the people, not themselves,” said US Attorney Peter Neronha in a statement. “As federal and state prosecutors, and federal and state law enforcement officials, we represent the people of the United States and the people of Rhode Island.  And we will go anywhere – anywhere – we can lawfully go to obtain the evidence we need to protect their interests.”

Fox, who was said to be the most powerful politician in the state, is accused of using campaign funds for personal expenses. Court documents show he transferred $108,000 from campaign accounts to personal accounts and spent the money at stores such as TJ Maxx, Tiffany’s, Walmart, or on mortgage and car payments.

“Often the balances in Fox’s personal accounts, including his law office account, were insufficient to cover his and his partner’s monthly expenses,” according to court documents. “The amounts that Fox transferred were typically utilized in one week, often days, to pay various bills.”

Court indicate money was transferred from campaign accounts starting in 2008 through 2014.

Fox is also accused of accepting a $50,000 bribe for help obtaining a liquor license in 2008 when he served on the Providence Board of Licenses, an accusation Attorney General Peter Kilmartin said came to light after the raid of Fox’s office.

“During the investigation, when the evidence of the bribery was discovered, the state possessed the prosecutorial tools necessary to move forward with this charge,” Kilmartin said in a press release. “It was that need and the state’s ability to move forward which helped secure a just resolution today.”

According to court documents, Fox will agree not to use as a defense the fact that the alleged bribe is beyond its statute of limitations.

Fox was first elected to office in 1992. In 2010, he was elected speaker of the House. He was the first openly gay house speaker in the country.

Security footage from Islamic School shows adult man


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Hilmy Bakri, president of the board of trustees for the Islamic School of Rhode Island, addresses the media. Security camera footage from the Islamic School of Rhode Island taken the night hate-filled anti-Islam graffiti was spray painted on the school shows at least one adult man, said West Warwick Police Major John Mageira.

“It doesn’t appear to be juveniles,” Mageira said after a press conference at the school on Tuesday.

FBI agent Elizabeth Rosato said her office is “conducting the civil rights investigation right now.” US Attorney Peter Neronha said,”if the conduct is motivated based on ethnicity or race or other protected classes it’s considered to be a hate crime.” To Nerhona’s knowledge, this is the first instance of a hate crime against the Islamic community in Rhode Island.

Law enforcement officers answered questions for the media after a group of religious and other faith leaders gave prepared comments to show solidarity with the Muslim school that was defaced by vandalism after holding a vigil for the three North Carolina Muslims who were killed last week.

“I just want this person to understand how much this hurts,” said Himly Bakri, president of the board of trustees of the Islamic School of Rhode Island, as he was flanked by faith leaders during the press conference.

“To the person who did this, I want to say this to him, or her, we have nothing but prayers for you,” said Mufti Ikram, a Muslim imam, or prayer leader, from Smithfield who works closely with the school. “If you did this to divide us, you failed miserably. If you did this to unite us, you have succeeded.”

They were joined by Rev. Nickolas Knisely, bishop of the Episcopal Church in Rhode Island, Rev. Don Anderson, of the Rhode Island Council of Churches, Steve Ahlquist, president of the Humanists of Rhode Island and Rabbi Sarah Mack, who called the vandalism a “flagrant desecration.”

Outside the school’s gymnasium in West Warwick, there was still spray-painted vandalism on the school that read, “Islam pigs”, “Allah is a pedophile”, “Fuck Muhammad” and “Now this is a hate crime.” One message said “Die pigs” and was written backwards on a window so it could be read from inside the school.” [Pictures below]

“When I was physically here seeing the graffiti on the doors, words can’t describe,” Bakri told me after the press conference. “It had a very personal impact to me. It’s one thing to be distant and seeing something in a picture. It’s another thing to be physically present and seeing the writing of someone who did this. It was just unbelievable.”

There are 160 students at the Islamic School of Rhode Island, which serves students in kindergarten through 8th grade. It’s been in Rhode Island for ten years and became accredited last year. Bakrim said this is the first time the school experienced any such issues.

“It was a complete surprise to everybody,” he said. “For our students I hope they come out of this knowing this is the kind of world that exists today unfortunately, and that they come out wiser and learn how to handle this and hopefully learn from all of us here today … that we should all work together to be on the forefront of stopping this where ever it happens.”

Governor Gina Raimondo said yesterday, “Rhode Island was founded on the tolerance of all beliefs. This hateful act at the Islamic School of Rhode Island has no place in our state. My thoughts and support are with the school and the Muslim community in RI today.”

Senator Jack Reed said, “I strongly condemn the vandalism of the Islamic School of Rhode Island.  Our state was founded on religious freedom and we are strengthened by our diversity.  There is no justification and no place for this type of intolerance and bigotry in our community.  I urge anyone with information about the incident to contact the proper authorities.”

Senator Sheldon Whitehouse said, “This shameful incident is completely at odds with our state’s founding principles, and I hope the perpetrators will soon be brought to justice. To the families and staff who were affected, please know that Rhode Island stands with you and supports you.”

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Feds v. States: Who Decides Death Penalty Fight


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Can the Feds order a state to execute a man?  This is the question that the Supreme Court may ultimately answer regarding Jason Pleau, arrested last year for killing a man during a robbery.  What appeared to be a routine case in Rhode Island, a state of one million people that averages about 30 murders per year, has turned into a legal battle about state’s rights, the 10th Amendment, and the Death Penalty.  And the question of whether a Governor can ever defy a President.

The federal death penalty is legal in every state in America.  There are over 30 federal statutes authorizing the death penalty for any American, including a generic 1st Degree Murder, and it would be difficult to imagine a case that would not qualify under federal law.  Certainly when the people of Rhode Island eliminated the death penalty, they did not consider it would be alright if a courthouse bearing the “United States” logo rather than the Rhode Island “Hope” motto, could sentence a man to die.  The same jury pool of Rhode Islanders would be drawn upon, yet anyone with an objection to the death penalty would be barred from serving on the jury.

Attorney General Eric Holder amended the Federal Death Penalty Protocol (DPP) last year, in an attempt to assist Attorneys General such as Peter Neronha (District of RI) regarding when to seek this punishment.  There is no regard as to whether a state has abolished the death penalty or not, but states that the Feds should only take the case from a state when “the Federal interest in the prosecution is more substantial than the state or local authorities.”  Here, the only factor that seems to apply is the vague “ability and willingness for the state to obtain an appropriate punishment upon conviction.”  Perhaps this is a snub at RI State Attorney General Peter Kilmartin, a career police officer who apparently never handled a felony case.

The DPP guidelines do suggest that victims’ family members be consulted, yet this is a quandry in prosecutions: whether the government stands in for a particular victim, or an entire state.  A victim’s family in Mississippi tried to stop the execution of Henry Curtis Jackson.  He was instead killed by lethal injection yesterday.

After sentencing Jason Pleau to 18 years in state prison for parole and probation violations, a federal grand jury indicted him.  The U.S. Attorney then put in a request to take him into custody under the Interstate Agreement on Detainers Act (IAD).   Governor Lincoln Chaffee (known as the Republican who opposed President Bush on the Iraq war and domestic wiretapping) denied the request under Article IV of the IAD.  The feds then tried to evade this federal Act with a second type of request.  The state asserts that once the federal government puts in a “hold” under the IAD, all future requests to produce Pleau are covered by the provisions of the IAD- no matter what you name it.  This is how it played out, and a three-judge panel of the First Circuit agreed (2 to 1) with Gov. Chaffee, who believes the only reason the federal government would want Jason Pleau is to execute him.  Particularly after Pleau agreed to serve Life Without Parole in state prison.  This is known as the Other Death Penalty.

The Obama Administration, however, asserts that their request was not covered by the IAD for two reasons: (1) the Habeas Corpus ad Prosequendum they filed is outside of the IAD procedures, and (2) the federal government reigns supreme (as laid out in the Supremacy Clause of the constitution) and a governor cannot refuse the request.  The problem with the Feds’ first issue is that the traditional method of transferring prisoners between jurisdictions has been supplanted by the IAD, and they did in fact begin IAD procedures prior to the traditional Habeas.  The title of the paperwork is irrelevant, and the First Circuit agrees.  As for the Supremacy Clause argument, it is difficult for the United States to say they do not need to obey the IAD when they are listed as a party, along with 50 states, D.C., Puerto Rico, and others.  If they have some special status, why bother writing rules that apply to the United States at all?

The First Circuit Court of Appeals, however, credits the United States with the trump card: the Supremacy Clause.  Three judges interpreted a key case to mean the U.S. is above the limitations of the IAD.  Two judges, in their scathing dissent, took the majority to task for what they feel was an “unprincipled” misreading of the key case, U.S. v. Mauro, 436 U.S. 340 (1978).  The dissenting two justices called the ruling “unwarranted and unprecedented,” and “fails the test of common sense.”  As it stands, the split opinions of five judges are the difference between putting the executioner’s hood over the heads of a Rhode Island jury.

It was only a year ago that I, and about a dozen others, testified in the Rhode Island legislature’s bill to posthumously pardon the last man murdered by the People.  Historians testified about the malice of a vindictive crowd, and the racist furor that suspended rational judgment: someone had to pay.  In 1844 it was John Gordon, and seven years later this punishment was abolished for it.  The Public Defender spoke about the current need for best practices in eye-witness identifications and the necessity of videotaped confessions (two reforms advancing in RI).  I spoke about how a similar pair of Irish scapegoats, the Brennan brothers, were railroaded in 1984 for the murder of an Italian landlord in Providence.  They are still in prison.  Here, nobody has argued that Jason Pleau, who was once the catcher on my softball team, is innocent.  However, death penalty supporters are just as certain of guilt when a convicted person is later exonerated.

Rhode Island has filed a petition for certiorari, seeking review in the U.S. Supreme Court.  Justices may find their ideologies torn, such as Antonin Scalia who often speaks of states’ rights in the face of an overbearing federal government, yet he rarely finds a wrong when it comes to the power of the government to exert police powers, and administer the death penalty.  Some say that judges take a moral position, and then manipulate the law to reach it.  Yet as to whether the IAD applies to the federal government, it will be difficult to get around Article II, which reads “(a) ‘State’ shall mean a State of the United States; the United States of America; a territory or possession …”    It will also be difficult to affirm the First Circuit’s belief that Governor Chaffee can’t deny the federal government, where the Act reads “the Governor of the sending State may disapprove the request for temporary custody.”

To do so, the Court might have to say Congress lacked the authority to grant a Governor power over the federal government.  Yet the federal government signed onto this agreement, and now they want out.  Those who advocate for States Rights use it to define marriage, gun laws, and many other issues (it once was a code word for allowing Jim Crow laws), including the Death Penalty.  This legal battle will cost the taxpayers about a million dollars, just to see what will happen to Jason Pleau, a man that none of them likely care an iota about.  Sometimes I wonder what gets people up in the morning.