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Saving Habeas Corpus...

Having rented a house in Olive while still in law school in 1970, Ratner became so attached to the area that he later bought a home in West Shokan so that he would always have that connection to return to.
”Unfortunately, I didn’t really get there at all this winter,” he said. “And right now I’m trying to think of a way to get there tomorrow.”
Ratner has been too busy in his role as a legal Lancelot on the frontline of courtroom decisions that are redefining the concept of freedom in America - tightly focused on the survival of habeas corpus and the fate of the Constitution of the United States and the Bill of Rights.
Founded during the Civil Rights Movement of the 1960s by famed attorneys Arthur Kinoy, William Kunstler, Morton Stavis and Benjamin Smith, the CCR gained renewed notice in 2002 with Ratner’s decision to challenge civil liberties abridgments imposed following the 9/11 attacks.
“I would say our biggest success, so far, was making ‘Guantanamo Bay’ a household word but, even more, in getting attorneys there to protect people from torture and then helping release hundreds of the innocent,” Ratner reflected. “Clearly, winning the first big case in the 2004 Supreme Court decision for Rasul v. Bush, giving habeas corpus rights, or the right to petition detention to the prisoners of Guantanamo was vital.”
The Habeas corpus writ is a concept dating back to the Magna Carta in 1215 A.D., ratified in Britain in 1689 and included as a key provision of the U.S. Constitution. Basically, it guarantees the right to a fair trial to anyone accused of a crime. It was considered “the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.” But when Congress granted AUMF (Authorization to Use Military Force) to the Executive branch of government in September, 2001, the administration expanded it to include anyone the President decided was an “International Terrorist.” This was a first step, in Ratner’s view, in the circumvention of Constitutional rights.
“In the United States, there were 93,000 people who were picked up immediately afterwards, who were undocumented workers, not one terrorist,” Ratner recalled. “These were special registration people for young men between the ages of 18 to 35 from certain Muslim countries and people the FBI wanted to look at.
““Then there’s the Guantanamo Bay category, which is roughly 750. Five hundred have been released and we think the high majority of those left there will also be released.,” the former NLG (National Lawyers Guild) President continued. “That’s not the so-called ‘high value detainees,’ of which there are 14 and I’m not willing to say very much about that. Not in the sense that I don’t know but in the sense that most of what the government has to say turns out not to be the case. Rumsfeld calls them ‘the worst of the worst’- people who are going to chew through hydraulic cords, bring down airplanes, that want to kill us and it turns out that this was not the case at all. So, my feeling about what the government puts forward, either publicly or in secret evidence, is that I’m highly, highly skeptical.”
Rooting his doubts in the CCR’s experiences in cases already handled, Ratner sounds fairly optimistic about the defense even if, at first glance, most of the chips seem be on the government’s side of the table. The scorecard, however, seems to indicate otherwise. Even though CCR’s client, the first ‘Gitmo’ detainee granted legal representation, David Hicks, entered a plea bargain last year which allowed him to return to his native Australia, the New York Times noted that he “was bargaining in the shadow of many things-the conditions at the base, international diplomacy, homesickness and the possibility of indefinite detention without charge. But he was not, for the most part, bargaining in the shadow of the law...The statute under which he was to be tried was brand new and untested. The relevant regulations are as yet largely unwritten. ”
“They’ve never had a successful prosecution from beginning to end. Not one,” observed Ratner of the Gitmo slate. “The only case they had, a client I represented for a while - David Hicks - pled guilty (as “enemy combatant”), got 9 months in jail and is out. Every other time the government has been faced with a real hearing, where they have to come up with actual evidence, they responded by releasing the prisoners. And then you add torture and we know that victims and survivors of torture really do say what their interrogators want to hear.”
Ratner points to the 2006 analysis of Defense Department files on 517 Guantanamo detainees by Professor Mark Denbeaux of Setion Hall University, which found that the majority of detainees had committed no hostile acts against the U.S. and, in fact, only 5% of them had been captured by U.S. forces while 86% had been turned over for the $4,000 or $5,000 bounties offered, no questions asked, and notes that the government’s use of money has been a major issue.
“Their claim with regard to at least some of the so-called ‘secret detainees’ who are in some of those black sites and through whom they claim to have been able to solve some plots, I don’t have it in front of me but a lot of that is essentially ‘made from whole cloth’,” Ratner charged. “To the extent that we’ve been able to dependably corroborate whether those plots even existed or whether the torture resulted in any apprehensions, we’ve been able to demonstrate that they haven’t gotten very much of anything from torture.”
With such an enormous percentage of the national budget geared to the terror threat and the techno-security companies favored by the administration, this is a disturbing claim. Over last weekend we saw an example of how the “new justice system” flexed its muscle as “Operation Sudden Impact” coordinated a three-state task force encompassing federal, state and local agencies in an “anti-terror, anti-crime” operation in Tennessee, Mississippi and Arkansas. Although no actual terrorists were discovered, 332 arrests were made and 1,292 traffic violations issued in Memphis alone. But, more importantly, it was the first known exercise of the NIMS (National Incident Management System) equipment issued to towns around the country from FEMA funds to interconnect federal, state and local authorities.
As reported here in December, 2006, the Olive Police Department received a $25,000 grant, secured from the state budget by Senator Bonacic, to enable them to participate in the Law Enforcement Terrorism Prevention Program under Director of New York’s Homeland Security Office, Brigadier General F. David Sheppard... when the call comes.
Additionally, as a New York municipality, Olive will have the benefit of plugging into a federally-funded database called Matrix (Multistate Anti-Terrorism Information Exchange) owned by Seisint, Inc., a private security company associated with former Mayor Rudolf Giuliani, to protect it by sharing data like voter registrations, civil court records, history of address changes, etc. instantly between the agencies. New York is only one of 7 states in the nation to have signed on to the program so far, the others being Florida, Ohio, Connecticut, Michigan, Pennsylvania and Utah. States which have rejected the system, for reasons of long-term costs or privacy concerns, include California, Texas, Oregon, Alabama, Louisiana, South Carolina, Georgia and Kentucky.
A writ of habeas corpus stands as the most important item to the 332 people arrested in the sweep, even if they aren’t accused of terrorism. But Ratner’s 2004 habeas corpus victory, which the New York Times hailed as “the most important civil rights victory in 50 years” was short lived and the battle continues even as his Center defends one of the “high-value detainees” against a death penalty charge issued in February.
“What we got out of the June 2004 decision was the ability to send attorneys to Guantanamo and we now have a group of some 600 attorneys, not just from civil rights groups but mostly from big law firms, who are representing the Guantanamo detainees,” said Ratner, sounding like he was quoting from a John Grisham novel. “As a result of that, we were able to stop the torture at least there and put pressure on various countries and the government to get people out. So, that success opened a huge door for us.
“At the same time, Congress passed a law stripping habeas from them and it went to the Supreme Court again in 2006,” he noted. “The Court said it wasn’t done right and Congress did it again, supposedly right, and that’s the case still pending, which will be decided in about a month. So, it’s Sisyphus-like; the third time we’re been there but in the interim we’ve at least been able to protect people from the worse aspects of torture and help get people out.”
In an exclusive April interview, which concludes in our next issue, Michael Ratner (whose book with Ellen Ray, Guantanamo: What the World Should Know is available in paperback) also shares his views on Khalid Sheikh Mohammed & the closing of Monument Road in Olive; the shocking behavior of the mainstream press on issues of urgent concern; the use of private corporations in foreign conflicts and domestic intelligence gathering; how the use of huge bounties led to a flood of false arrests and why the Center for Constitutional Rights will continue its pursuit of European indictments of Donald Rumsfeld and other former key administration officials for war crimes, adding President Bush and Vice-President Cheney to the list as soon as they leave office.


State Steps In For CWC
Many took turns lauding the 90 plus year old Shelton, who was born in the Ozarks and ended up in Trout Creek, but the humble statesman kept deflecting the attention away from his contribution to the end result of that battle- the creation of the CWC and of a multi-million dollar host of programs benefiting upstaters- by noting that the end result was achieved by a much larger group of talent, both from the City and from Upstate, with many others, like environmentalist Robert F Kennedy Jr., in between.
But it was toward the end of the casual ceremony when it became clear that although much had been accomplished, there was still more to be done. James Tierney, former State Watershed Inspector General and currently a Deputy Commissioner at the State Department of Environmental Conservation, recalled Shelton’s homespun influence over the issues of days gone by, and assured the man himself that the partnership he helped forge between the City and Upstate was in good hands as the struggles of that partnership change with the times.
The significance of those words rang crystal clear when Tierney announced that the Governor’s office has stepped in to help solve what many in the room considered to be the most pressing upstate/downstate issue of today: The financially crippling challenges the City has launched against local assessments of City lands in towns throughout the region.
The City of New York this month agreed to settle a long and costly legal battle with the Town of Olive over the assessed values of the City’s vast holdings in that town. As a result of the deal, the City’s property will be assessed at $550 million, much to the delight of Olive taxpayers.
During the legal battle City Attorneys claimed the property, which includes the Ashokan reservoir, was valued at only $115 million as opposed to Olive’s assertion that it was worth $600 million. Olive officials shuddered at the notion when the City first challenged the assessment seven years ago because the City pays over half the property taxes in the town. Had the City won the battle, the rest of the town’s taxpayers would have been required to pick up the slack.
Under the settlement the City and the town agree to assessed values for the next 10 years. The property will be worth $550 million now though 2010. The value goes up to $560 million in 2011, $570 million in 2012, $580 million in 2013, $590 million in 2014-2015 and $600 million for 2016 and 2017.
Another major win for Olive, the Onteora school district and Ulster County, which were also joined in the case, is that none will be required to pay back over $20 million the city argued it was due in back tax payments it’s lawyers claimed were unfair.
The CWC has a special account to pay such costs for tax assessment challenges made by the City against municipalities within the City’s watershed region, a vast territory covering parts of Ulster, Greene, Delaware, Schoharie and Sullivan Counties. Although there are still ten different challenges pending in other communities, Olive’s battle had nearly depleted that account.
CWC Executive Director Alan Rosa has been warning watershed dwellers for over a year that the tax issue must be resolved because the City has the resources to go far through the legal system while the upstate towns will go broke in the fight. At Monday’s meeting he spoke with optimism about the talks run by the Governor’s office, which began in January, and said that he felt the discussions to date played a role in the settlement reached this month with Olive.
Rosa and other watershed representatives insisted Monday that the talks were totally confidential, much in the same way the talks were back in the 1990’s when he, Shelton, and a host of other local representatives met under former Governor George Pataki to reach the deal they all signed in 1997 called the memorandum of agreement.
Rosa did say he hoped that all the outstanding land assessment issues in the watershed would be resolved within a year as a result of the talks.

Olive Matters... What’s Their Stance?

“We’re getting together this Wednesday to discuss school board candidates,” Boggess said this week of a planned April 16 gathering at the Olive Free Library in West Shokan.
She noted that one newly-announced Olive candidate, Ralph Legnini, had asked if he could come before Olive Matters to seek their support for the slate of four candidates he’s running with who are against the current board’s pending proposal to redistrict Onteora for a new 5-8 Middle School, necessitating the closing of another elementary school.
“We said that’s crazy, that’s like asking somebody from Woodstock to support an Olive candidate,” Boggess continued. “We’re definitely not supporting anyone not from Olive… Olive only candidates, that’s who we support.”
Later, Boggess wrote that the group DID meet with Legnini, who made his case. But all in attendance politely disagreed, standing by their belief that taxpayer issues were paramount at the moment, at least in their terms.
In explanation of the Olive Matters Olive-only stance regarding Onteora matters, Boggess was no-nonsense. She noted that even though a deal has been struck between New York City and the Town of Olive that makes the Large Parcel issue that raised the townspeoples’ school taxes moot for the coming decade, her group won’t be happy until laws are passed in Albany that specifically remove reservoirs from any consideration if its implementation.
“All we have now is a ten year reprieve,” she said. “What happens after 10 years if New York City and the town can’t agree on a value anymore?”
Boggess said the rest of the Onteora School district had former Woodstock supervisor Jeremy Wilber and former Shandaken supervisor Bob Cross to thank for the Olive Matters stance, which would push for their town’s complete control of the school board until which time Large Parcel is removed from consideration by the state. No matter what any local candidates say about not implementing it. And no matter whether either of the former supervisors ever apologized for their previous stances.
She also noted that Olive Matters was fully supporting the Middle School plan, and planning process, pushed by the three incumbent candidates it helped bring to the Onteora board in an upset election three years ago. She pointed out that the middle school discussions had taken long enough – three years – to already allow everyone a say, and that “parents who don’t want this don’t understand” that unless schools are closed and consolidation allowed to happen, there would be more cuts to education, including “things like band and art” because of the district’s runaway expenses.
Boggess’ husband Drew served as a member of the school district’s Budget Study Group that recently recommended closing a school and consolidating programs, as well as hiring new teachers at lower wages, as a means of stemming the sort of high costs it characterized, in its recently disseminated report, via the image of a runaway train.
“These three people have kept our budget down and done a bang-up job,” Boggess said of OCS Board President MaryJane Bernholz and boardmembers Cindy O’Connor and Rita Vanacore. “We’re tired of seeing our board members being unduly badmouthed, just like we’re tired of being bad-mouthed as a town.”
Boggess spoke about how candidates opposing the Olive incumbents were talking about issues related to qualities of education and community when what mattered most to the Olive voters Olive Matters represented were more interested in pure economics.
“They should ride around with our Meals on Wheels programs and ask our seniors themselves to pay these $100,000 salaries for teachers,” she said. “Tell them why there are 60 passenger busses with only 40 kids on them. Tell them you want all this stuff paid for out of their Social Security checks.”
Boggess noted that Olive Matters didn’t care which school closed, as long as one did.
“We can’t keep feeding this monster,” she said.
After noting that Olive Matters wouldn’t mind Woodstock and West Hurley splitting from the rest of Onteora, the better for the remaining district’s school aid formulas, Boggess was asked whether anyone in her organization was giving thought to the effects of rising energy prices and those who are now saying it will force an eventual return to smaller, community-oriented education.
“I don’t think a lot of people here understand or care about any of that right now,” she replied. “Right now, everyone’s more concerned about paying bills that are piling up. And a lot of our senior citizens are without children now, so they don’t really care. ‘Why would it effect me,’ they say.”
Should the new slate ask to speak to Olive Matters at an upcoming meeting, via Legnini, an Olive resident, or any of the other candidates, Boggess said they would likely be put on the agenda. But the she added that there might also be a chance that no one would show up to listen to them.
Does Olive Matters have a fourth candidate for the open slots up for election May 20, in addition to the three incumbents they consider theirs?
Boggess said there were other petitions out but no official word of anyone yet.
Has their turnout been as strong as it once was, back when Large Parcel was more of a pressing issue?
“We have a turn out. We’re kind of silently active, with a formidable e-mail list,” Boggess said. “WE want a big push to have only Olive people on the board.”
Forever?
“It would be nice to figure out how the heck all these towns can get together,” she said. “But for now, we’re sick of people considering us ‘low tax Olive.’”


Two Slates For OCS

Running together in a four-candidate block are Woodstock resident Donna Flayhan, Olive resident Ralph Legnini, Shandaken resident Ann McGillicuddy and Woodstock resident Laurie Osmond.
Adam Pollack, a Woodstock resident and a senior attending Onteora High School also joined the campaign. He recently turned 18, therefore qualified to vote and run for office.
The block of four candidates are challenging the incumbents based on the school board’s recent decision to create a five-through-eight middle school and close an additional elementary school. Bernholz, O’Connor and Vanacore all voted in favor of the middle school, but no decision has been made on which school will be closed. The three believe that enrollment is declining at a rate that will result in only two elementary schools being needed in the future. They say their plans make long term fiscal sense to district taxpayers.
Flayhan, Legnini, McGillicuddy and Osmond all believe that community elementary schools with smaller classrooms are most important. They do not support a middle school bond with total renovations that they say could cost taxpayers between $70 million and $86 million, nor do they support the closure of an elementary school. The four have joined together from all areas of the district as a response to the fact that five out of six school board members currently come from the town of Olive.
A majority of people from Olive successfully voted in their candidates over three years in reaction to a 2004 implementation of the Large Parcel Bill. Seven of the current eight candidates have publicly stated that they will not support a vote to enact Large Parcel if the subject arises again.
Pollack could not be reached for a statement.
The top three vote winners will fill three three-year terms. The fourth place winner will take the remaining time left on Rosenfeld’s seat, for reelection next Spring
In other Onteora business, the current board’s agenda for its Wednesday April 23 meeting included mention of a “termination,” for Deborah Fox’s position as Assistant Superintendent of Curriculum. Does this mean the position itself was terminated, or Fox as the person filling it?
According to Superintendent Leslie Ford, the board feels that curriculum is important and “we will have that position filled.” The title will not be folded into another administrative position, but another person will be hired. She would not make comments on why Fox was terminated and her contract will end June 30, 2008.
Fox was hired as an assistant superintendent under the leadership of Justine Winters in 2004.
Also, Middle School Principal Paul Schwartz has resigned effective June 30, 2008, when he will have been employed with the district for one year. The reason given for his resignation was listed as “personal,” and Ford said she would not comment on such issues.

Rosenfeld Explains His Resignation
Herb Rosenfeld resigned from the Onteora’s school board on April 4 and in a recent phone conversation explained why he made his decision to step down after nearly five years of service.
“I felt like I didn’t fit into the way the board processed information and came to conclusions,” He said, noting that educational topics he presented were never addressed, he carried a lack of voting power and his opinion was often ignored.
Rosenfeld believes the school board’s proposed 5-8 middle school, that would necessitate the closing of another elementary school, lacks a major component - education for all. He emphasized the “all,” part. This is something Rosenfeld said is being largely ignored.
“We do fine with kids who wind up in fancy schools,” said Rosenfeld. “We need to develop a vision on what we want for all students.” He described the need for an education “blueprint,” a vision designed to engage all students and so far with the new reconfiguration he has not seen any benefits for kids.
Rosenfeld, a retired educator with 40+ years of experience, said investments should be made in more “pedagogy and curriculum.” Teachers need space to call their own, he explained but, “this $80 million project, it’s a Cadillac of jobs that we’re going for, instead of finding alternatives.” Rosenfeld wants the school board to put the breaks on the proposal.
Rosenfeld also does not understand why the current board placed a 15 minute limit during the “public be heard” section of the board agenda. He called the move “disrespectful” to the public. He said, “I sat for hours listening to the people when they closed West Hurley (elementary),” in 2003/2004. He noted the same procedure when Large Parcel was open to public discussion. Both had public input before any vote was taken. He does not blame the district leadership for what he believes is its mishap, but said things will change if the board were to change. Superintendent Leslie Ford is, “interested in doing her job-I don’t think that she is the issue.”
Rosenfeld called the current board, “politicized,” primarily because of the Large Parcel legislation where the town of Olive found candidates who, once elected to the school board, would vote against the bill. Five out of the current six school board members are from the town of Olive. He believes the board, “was elected to serve the Large Parcel issue and wound up with a fortress mentality that they stick to.”
Rosenfeld said there is nothing wrong with a 5-8 middle school model except that it does not fit in the Onteora district. In a narrow four to three vote that approved the middle school, he voted against it because it meant closing an elementary school. He also said there are equally positive studies for 6-8 middle school and Kindergarten-through-twelve configurations. He also warns against the proposed larger classroom size population of students that will happen if a school closes. He said studies do not support any positive outcome.
“If you close down another school you are going to shift 250 plus kids into two elementary schools,” he said. “The research as to what that would do is astounding.”
Rosenfeld explained that the board should start at the beginning with public meetings, town meetings and “utilize more than one architect” at competitive bids. “I mean you would do that when building a house.” He noted that really good changes are happening at the elementary schools, so what is the purpose of changing or closing a school when it works.
“They are on the cusp of being incredible,” he said, giving credit to good teaching, coupled with the new reading/writing program and community and parental involvement. He said Phoenicia has shown increased enrollment at the lower levels and he does not trust demographic reports when the reconfiguration plan will maximize space.
Rosenfeld reflected that he voted on very controversial issues such as the closing of West Hurley elementary school. Always, he worked with his fellow board members and enjoyed their company, even though he was vehemently against the majority’s vote.
His first couple of years on the board, he explained, were different.
“Then,” he said, “The lines weren’t drawn.”
But now continuing his term as a school board member he viewed as, “pointless.”


Farming Then & Now

Indeed our whole society changed markedly starting around the 1940s as a result of burgeoning cheap fuel supplies. Land use planning in the US encouraged the expansion of the suburbs with cheap fuel and relatively inexpensive cars that provided the means to live in the country and commute to a distant city for employment. The suburban sprawl has resulted in a substantial loss of farmland across the US and has also contributed to the 22 barrels per person per year of oil consumption in the US, 40% of which is used for transport. (The rest of the industrialized world uses 4 to 6 barrels of oil per person per year.) Modern food production requires 10 to 15 calories of petroleum inputs in the form of synthetic fertilizer, pesticides, herbicides and tractor fuel to produce and deliver 1 calorie of food to your dinner plate. On the other hand, organic agriculture uses natural farm-derived inputs that are usually composted before use on the gardens or fields. The caloric input required is much lower and it is derived on the farm to the greatest extent possible. The organic system depends on recycling waste (animal and green manures and compost) back to the soil to replace nutrients taken out with the crop. When Cuba suffered a collapse of oil imports due to the collapse of the former Soviet Union in 1991, their relatively modern agricultural sector was stopped dead in its tracks. Organic gardeners and farmers were elevated by government decree to the status and pay of doctors and engineers, and they were given control of the state farms and lands. It took three years and an average weight loss of 25 pounds per person before they got their production back and they are now a model for the rest of the world. Many visitors from other countries now visit Cuba for the purpose of documenting their natural organic food production systems for possible adoption and use in their home countries. High fuel prices are now driving the conversion back to organics in many countries.
The organic way requires more labor but is that bad? The new energy paradigm may well cause a return to more local food production in the US and indeed there seems to be a growing consciousness of food and where it comes from. With that context in mind the following observations and recollections by our neighbors who grew up on local farms from the 30s through the present are all the more relevant.
The way of life that they describe is essentially seasonal organic production. They have much of the knowledge needed to at least partially convert back to traditional local biological means of production, if necessary. There are common threads throughout the growing number of interviews of local farmers, trappers, sawyers and stonecutters, retired and not.
They all described a varied work life that revolved around the seasons and production for home use of all types of food, fuel and other necessities, with the excess production going to market. The rocky Catskill foothills in Olive and uplands leading up into Shandaken were not conducive to large scale farming such as exists in the rich bottomland of the Rondout and Esopus Valleys. The farms here in Olive and Shandaken were small scale and diversified with small to medium sized dairy’s predominating being well distributed throughout both Olive and Shandaken.
All persons interviewed observed that cows were omnipresent and many families had a cow or two to produce milk and cream to make butter, cheese and yogurt for home use and for sale. The cow seemingly was the basis of the local homestead nutritional system, providing food, compost and cash from the excess production, including a premium for the value-added goods like butter, cheese and yogurt. They are self reproducing, to boot. Little wonder there was literally several thousand cows from Olive up into the Catskills right up through the Roxbury Valley in Delaware County by the early 1940s. By the 70s and 80s the local dairy industry was all but gone due to low milk prices and increasing costs. One by one they folded and sold off the herds and equipment with the Fox Farm in Olivebridge being the last modern dairy in these parts to close and liquidate the herd somewhere around 1990 with the encouragement of the federal PIK buyout program, which would buy out and liquidate dairy herds due to overproduction and depressed milk prices.
The shoe seems to be on the other foot now with milk bringing eighteen dollars a hundredweight in 2007 and slightly less in 2008.
Next Issue: The last farmers remember, and look forward to a rebirth of fagriculture in these hills...