Now that Blackwater is back in the news and CCR (Center for Constitutional Rights) is filing a lawsuit in DC Federal Court this morning on behalf of 3 of the recent shooting victims, it’s time to dust off my resolution. My first draft was last June. Please feel free to make changes within your own club or central committee, bearing in mind the idea is to get this to the EBoard Resolutions Committee where they will certainly make their own changes. It’s a resolution, not legislation. It needs to go to the EBoard with broad support if they are going to consider it at all. The power to apply deadly force needs to reside within our government and not be outsourced to private entities.
Stevan Thomas
Candidate AD15 http://ElectSteveTho…
DRAFT 10.11.07
Resolution Regarding Private Military Contractors Operating Within California
Whereas, The Constitution of the State of California, under Declaration of Rights, Article 1, Section 5 reads: “The military is subordinate to civil power. A standing army may not be maintained in peacetime.”
Whereas, Private Military Contactors (P.M.C., a.k.a. mercenaries or private armies) are NOT under civil control OR military chain-of-command AND can be looked upon as a “standing private army maintained in peacetime” if allowed to operate within California:
Whereas, Private Military Contractors, using military weapons, were used in New Orleans following hurricane Katrina to keep peace and order and were actively disarming law abiding citizens of their lawfully owned weapons, and were outside of civil control:
Resolved by the Democratic Party of California that we support the urgent need for legislation stating that NO Private Military Contractor, mercenary corporation acting as a paramilitary or private military entity, or any subsidiary of same, be granted a corporate charter to operate in the State of California unless fully and completely under civil control and within the civil or military chain-of-command, subject to civil control and that there be a prohibition against any and all private corporate armies being formed.
Be it further resolved that the Posse Comitatus Act be enforced within the State of California and that it be amended so that no Private Military Contractor may be employed against the civilian population in times of civil unrest.
If you've been following the story up to now, you know that Blackwater USA, the war profiteering private mercenary firm currently under investigation by Congress, has plans to open a mercenary training camp outside of the tiny, peaceful rural town of Potrero in San Diego County. Luckily, many community members and activist groups around the state have other plans entirely.
Since we launched our petition calling on our governor and senators to do whatever is in their power to block this project, I've been amazed at the diverse coalition that has united in opposition to Blackwater West. Everyone from anti-war groups such as Code Pink, to environmental groups such as The Sierra Club to progressive faith groups such as United For Peace and Justice have been fighting Blackwater's invasion of California. But truly the most moving appeals I've heard in opposition of this training camp have been from people who actually live there, who would actually have to live with a mercenary training camp in their backyard.
Some local perspective over the flip…
Anne in Jamul, CA signed our petition and offers this plea:
I moved to Jamul, CA to be in a peaceful, quiet place. I can see where the proposed "Blackwater" site will be built from my front window. However, I'm most concerned with the possiblity for fire that keeping many bunkers of amunition create. There have already been at least 4 fires that required evacuation from my area since I have lived there and I do not believe that corporation will take the measures necessary to keep the civilians in the area out of harms way, if they can make some money.
And this from Cheryl, also in Jamul:
I am opposed to this project on many levels. Locally, it would be an environmental disaster and would destroy the community character of Potero forever. Traffic and other environmental impacts would have far reaching effects. Every community along scenic Hwy 94 would be impacted negatively. Communities would likely suffer from the influence of and potential harm from the unsavory characters that this project would attract.
And Coral:
I am vehemently opposed to the training center being built there. I am afraid that one of the last family oriented back country communities will be destroyed by noise and war training by Blackwater. This will be devestating to our peaceful living environment. We moved out here 6 years ago to live in the peace and tranquility of natural suroundings. Please don't destroy our community and don't devalue our property.
You probably won't be shocked to learn that starting in May of last year, Blackwater began to infiltrate the local planning board, which is an elected advisory committee. Between May and October, there were meetings where local residents were largely left in the dark to the point that once the community began to rise up in protest of the proposed training camp that fall, it was too late to prevent the planning group from voting 7-0 in favor of Blackwater moving forward. Well, they may come to regret that vote.
Terry at TerryFacePlace has a great post about what's going on locally on this issue. She informs us that…uh oh, one of the planning group members who voted in favor of Blackwater isn't even eligible for the post.
A little bit of digging has revealed that Potrero Planning Group member Emil Susu is not a registered voter and not eligible to hold the elected office. The County has declared his seat vacant. Susu is registered to vote in Florida, not California. Mr Hammers says when Susu reregisters in Potrero, he'll appoint him to the PPG. Sounds like a nice little kingdom he's got out there.
Terry also informs us that local residents have launched a recall movement against several members of the Potrero Planning Group and one resident has filed suit to have the 7-0 vote thrown out.
The suit alleges several violations of the Brown Act, the open government mandate in California, including issues involving the inadequate public notice, and the right to anonymous comment. The Brown Act states that citizens may not be compelled to sign in at a public meeting in order to be allowed to speak. Hammers would not allow this individual to comment at the March meeting because she didn't feel comfortable signing in and wanted her name off the written record. Raymond Lutz of Citizen Oversight was attending that meeting, and read the provision of the Brown Act aloud to the PPG and they still would not allow her to speak.
Additionally, In their December 14, 2006 meeting, the PPG mandated certain conditions for their endorsement of this project, including satisfactory results in a "live fire" noise test in the valley. That noise test has not occurred, because the current owner of the property would not allow it. Additionally, a review of the County records reveal the vote record that was turned in to the County reflecting the PPGs approval of the Blackwater West project is blank, and there is nothing in the record documenting the PPG's noise test requirement. There are also no meeting minutes, nor a transcript of that meeting. Based on the written record, you'd never know that anyone in Potrero was opposed to Blackwater USA setting up camp in their backyard.
And speaking of that live fire test, this is classic:
I understand that Mr Hammers took his gun out to the valley, and shot off a few rounds and is satisfied noise won't be an issue.
Unfortunately, his private and personal live fire test made enough noise that a resident across the valley called Jan Hedlun, another PPG member (and the ONLY one opposed to this training camp) and said, "someone is firing a gun in the valley".
As for Ms. Hedlun, she has been a forceful voice as the lone planning group member opposed to Blackwater West (it should be noted that she was elected to the planning group in November and was not made aware that she was eligible for the Blackwater vote; she would have voted against it.) I had the pleasure of meeting her when I was in San Diego for the CDP convention and she told me that some of the other members of the planning group were flown to Blackwater's home base in North Carolina to see first hand just what a pleasant place a Blackwater training camp can be. Funny, Jan wasn't invited.
Here's video I took of Jan at a press conference down in SD:
So where does Blackwater West stand now? Well, because the 824-acre plot of land that Blackwater wants to build on is currently zoned for agriculture, there are a bunch of hoops that they need to jump through before this can go forward in any meaningful way. The first is an environmental impact report, public comment for which is being taken until the end of the month. Ultimately it will be up to the San Diego County Board of Supervisors, which may not take up the issue until 2009, but that's why we need to work to defeat it now.
In addition, Congressman Filner has vowed to do whatever he can at the federal level to stop Blackwater in their tracks. He has sent letters to Congressman Waxman and thinks the way to stop them is put a hold on any private development until the investigations into the waste and fraud charges currently under way in the House are resolved. Thank you, Congressman for all your hard work. And thanks to everyone who has signed and forwarded our petition. In just ten days, it's gotten over 2,300 signatures and steadily climbing every day. Please add your name to it today to let California's statewide leaders know you oppose Blackwater in California and let the local community know you're standing with them. It is, after all, their backyard.
As I wrote HERE, Blackwater USA, the private "security" firm under investigation by the House Committee on Oversight and Government Reform for fraud and corruption for its war profiteering in Iraq, has grand plans for an 824-acre mercenary training camp just outside the tiny rural town of Potrero, CA, 45 miles east of San Diego. The facility would be a haven for war profiteers all the while ruining the peace and quiet of a tiny rural town, destroying the habitats of who knows how much local wildlife and threatening fire damage to a fire-prone area. Luckily, we have some intrepid local opponents of the project working overtime to defeat Blackwater's best laid plans. More than 300 of Potrero's 450 registered voters have signed a petition opposing the sight; Rep. Bob Filner has vowed to do whatever he can to beat back Blackwater's advances; and Raymond Lutz, the intrepid president of East County Democratic Club, has launched a website, StopBlackwater.net, to aggregate and disseminate information about the threat of Blackwater West.
Which brings me to how you can help.
Courage Campaign has joined forces with the folks in East County to spread the word about Blackwater West and organize people on a statewide level against the project. To that end, we've launched a petition drive targeting Governor Schwarzenegger, Senator Boxer and Senator Feinstein to pressure them to do whatever is in their power to stop this dangerous project. More…
The petition reads, in part,
Blackwater is currently under investigation by the House of Representatives for their mercenary activity in Iraq and should not be able to use our great state to perpetrate further fraud against the American people. California has a history of saying NO to those who work against the public interest. It's time to take a stand against Blackwater and send a clear message that the era of war profiteering has ended.
Please join us in opposing Blackwater in California by signing the petition today:
In addition, we are going to do whatever we can to support Lutz in his latest endeavor: passing a resolution on the floor of the CA Democratic Convention in San Diego this weekend. Please spread the word to all the delegates you know to support this resolution. Lutz is going to present it to the resolutions committee on Friday and hopefully it will make it to the floor without having to get 300 delegates to sign it, but if we need to do that, we'll do that. Proposed text of the resolution is as follows:
WHEREAS, Blackwater USA, a North Carolina-based private security firm under contract to the Pentagon to supply armed personnel for duties in the Iraq War, proposes to build a large mercenary and paramilitary training compound called Blackwater West near Potrero, in San Diego County, on an 824-acre parcel that includes Cleveland National Forest acreage, borders a proposed wilderness area adjacent to the Hauser Wilderness, and is both an important watershed and an environmentally sensitive habitat for wildlife; said mercenary and paramilitary activities are inherently dangerous and pose serious risks–including severe fire danger–to surrounding communities and wilderness areas, will deplete groundwater, substantially increase traffic, increase noise from shooting ranges, driving track, and helicopter activities, among many other environmental concerns.
WHEREAS, Blackwater USA and other private contractors are not subject to an effective system of oversight and accountability with respect to their operations and government contracting activities, and are the subject of ongoing hearings before the House Oversight and Government Reform Committee regarding allegations of waste, fraud, and abuse; Blackwater USA has resisted attempts to subject its private soldiers to the Pentagon's Uniform Code of Military Justice, claiming they are civilians, and has simultaneously claimed immunity from litigation under civil law in the United States, asserting its forces are part of the Pentagon's "Total Force."
AND WHEREAS, the "John Warner National Defense Authorization Act for Fiscal Year 2007" (H.R. 5122), which was signed into law by President Bush in October 2006, seriously weakens two bulwarks of liberty–the Posse Comitatus Act and the Insurrection Act of 1807–by expanding the power of the president to declare martial law and use troops as a domestic police force in response to a "public emergency" or any "other condition"; and Blackwater troops (which were deployed domestically in New Orleans after Hurricane Katrina) or other private mercenary and paramilitary forces pose a severe threat to the civil liberties of the American people and now could be deployed to quell public dissent, put down popular uprisings, or even to stop opposing points of view through intimidation or outright force.
THEREFORE, BE IT RESOLVED, that the California Democratic Party opposes mercenary training by private concerns anywhere in the State of California, including the Blackwater West project.
BE IT FURTHER RESOLVED that all military, paramilitary, or related security/law enforcement training operations in California, whether private, governmental, or some combination of the two, will be conducted on, and only on, secured U.S. military bases or other established government-regulated facilities designed for that purpose.
Just to reiterate, this language may change still, but this is as it stands now. Again, please spread the word to CA delegates to please support this resolution when it comes up for a vote this weekend.
Look for updates on the progress of the resolution all weekend.