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Archive for the ‘Justice’ Category

May 11, 2016 from the New York Times

Speaking to The Times in 2002, Mr. Ratner said: “A permanent war abroad means permanent anger against the United States by those countries and people that will be devastated by U.S. military actions. Hate will increase, not lessen; and the terrible consequences of that hate will be used, in turn, as justification for more restrictions on civil liberties in the United States.”

MichaelRatnerMichael Ratner, a fearless civil liberties lawyer who successfully challenged the United States government’s detention of terrorism suspects at Guantánamo Bay without judicial review, died on Wednesday in Manhattan. He was 72.

The cause was complications of cancer, said his brother, Bruce, a developer and an owner of the Brooklyn Nets.

As head of the Center for Constitutional Rights, Michael Ratner oversaw litigation that, in effect, voided New York City’s wholesale stop-and-frisk policing tactic. The center also accused the federal government of complicity in the kidnapping and torture of terrorism suspects and argued against the constitutionality of warrantless surveillance by the National Security Agency, the waging of war in Iraq without the consent of Congress, the encouragement of right-wing rebels in Nicaragua and the torture at the Abu Ghraib prison during the Iraq war.

“Under his leadership, the center grew from a small but scrappy civil rights organization into one of the leading human rights organizations in the world,” David Cole, a former colleague at the center and a professor at Georgetown Law School, said in an interview this week. “He sued some of the most powerful people in the world on behalf of some of the least powerful.”

Mr. Ratner, who majored in medieval English at Brandeis University in the 1960s, was radicalized by the teachings of the New Left philosopher Herbert Marcuse and the preachings of a classmate, Angela Davis. He moved further to the left as a law student at Columbia University when he witnessed police brutality after students seized campus buildings in 1968. He defied legal odds and even occasional death threats to defend lost causes, gambling that even a verdict against his clients could galvanize public opinion in his favor.

“He was part of a generation of lawyers that was absolutely bold and that understood the political aspects of law,” his former wife, Margaret Ratner Kunstler, a civil rights lawyer, said this week, “and that was not afraid of bringing a lawsuit that was going to lose if it was going to support the community.”

Professor Cole predicted that Mr. Ratner would be best remembered for filing the first lawsuit on behalf of Guantánamo detainees in a case that eventually affirmed their right to judicial review.

“This was a case that was regarding a fundamental principle, going back to the Magna Carta in 1215, about the right to have some kind of a hearing before you get tossed in jail,” Mr. Ratner told Mother Jones magazine in 2005.

In 2008, the Supreme Court ruled 5 to 4 that prisoners at Guantánamo, where the court said the American government exercised de facto sovereignty, had a constitutional right to habeas corpus, which they had been denied under the Military Commissions Act.

Professor Cole said Mr. Ratner’s tenacious advocacy not only gave the detainees the right to their day in court, but also culminated in “the first Supreme Court decision in history to rule against a president in wartime regarding his treatment of enemy fighters.”

While Guantánamo still has not been closed, as President Obama had promised, hundreds of detainees have been released.

“When I asked him, several years later, what he thought his chances were in filing that suit,” Professor Cole recalled, “he answered: ‘None whatsoever. We filed 100 percent on principle.’ That could be his epitaph.”

Michael David Ratner was born in Cleveland on June 13, 1943. His father, Harry, was a Jewish immigrant from Russia who ran a building supply company. His mother, the former Anne Spott, was a secretary and helped resettle refugees after World War II, during which scores of the couple’s relatives were killed in the Holocaust.

In addition to his brother, he is survived by his wife, Karen Ranucci, a video producer; his children, Jake and Ana; and his sister, Ellen, a Fox News analyst and radio news correspondent.

Michael Ratner’s college radicalism had deep personal roots. His father once gave shoes to a homeless man who came to the door seeking a handout. His mother refused to enter a Florida airport because it was racially segregated.

Mr. Ratner recalled in an interview with The New York Times in 2002 that as a boy he had dreamed of becoming an archaeologist, adding: “I used to think it wasn’t political, but it turns out to be highly political. After all, what layer of civilization do you save?”

After graduating in 1966 from Brandeis, where he met Professor Marcuse and Ms. Davis, he earned a degree from Columbia Law School (after taking a year off to work for the NAACP Legal Defense and Educational Fund on a Baltimore school desegregation case). He then clerked in Manhattan for Judge Constance Baker Motley, the first black woman to serve on the federal bench.

In 1971, he joined the Center for Constitutional Rights, a nonprofit organization with headquarters in Manhattan, which litigates civil and human rights cases and was co-founded in 1966 by William Kunstler, whom Mr. Ratner’s first wife later married.

Mr. Ratner’s first case with the center involved a suit on behalf of inmates killed and injured at the Attica Correctional Facility in upstate New York after a bloody uprising there in 1971, although the court ruled that it could not compel prosecutors to indict prison guards or the state troopers for their actions.

He was the center’s legal director from 1984 to 1990 and its president from 2002 to 2014. He was also president of the National Lawyers Guild and of the European Center for Constitutional and Human Rights, and founded Palestine Legal, which defends protesters on behalf of Palestinian rights.

Mr. Ratner defended Julian Assange and WikiLeaks for disseminating millions of secret American government documents; served as a counsel to Jean-Bertrand Aristide, the Haitian president, in the prosecution of war crimes; and advocated on behalf of Haitian refugees held at Guantánamo after the 1991 coup that overthrew Aristide, the country’s first democratically elected president.

He is the author of “The Trial of Donald Rumsfeld: A Prosecution by Book, Against War With Iraq” (2008) and “Guantánamo: What the World Should Know” (2004).

“He felt very much that torture doesn’t make us safer, and that everyone needs a defense,” Ms. Ranucci said.

Speaking to The Times in 2002, Mr. Ratner said: “A permanent war abroad means permanent anger against the United States by those countries and people that will be devastated by U.S. military actions. Hate will increase, not lessen; and the terrible consequences of that hate will be used, in turn, as justification for more restrictions on civil liberties in the United States.”

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________________________________________________________________________

 

         United States’ Compliance with the

International Covenant on Civil and Political Rights

Kent State Truth Tribunal

Response to Follow-Up Report

4th Periodic Report of the United States

from the

110th Session of the Human Rights Committee, Geneva

March 2014

________________________________________________________________________

Read this report at the UN webpage http://bit.ly/1cxCnbY

1 May 2015

I.    Investigate & Examine the Kent State Audio Evidence

Seeking a credible, independent and impartial investigation into the Kent State audio recorded on May 4, 1970 during the Kent State Massacre (Article 2 (Right to remedy); Article 6 (Right to life); Article 19 (Right to freedom of expression); Article 21 (Right to peaceful assembly))

II.   Reporting Organization

The Kent State Truth Tribunal (KSTT) was founded in 2010 upon the emergence of new forensic evidence regarding the May 4, 1970 Kent State Massacre. KSTT is an NGO focused on revealing truth and bringing justice to Kent State Massacre victims and survivors.

Less than a day before her unlawful killing at Kent State University, Allison Krause said, “What’s the matter with peace? Flowers are better than bullets”. On May 4, 1970 Allison Krause was shot dead by U.S. military personnel as she peacefully protested the American Vietnam War and stood for PEACE.

Representing Allison Beth Krause, 19-year-old Kent State University student protestor slain on May 4, 1970: Doris L. Krause, mother & Laurel Krause, sister.

III.  Related Concluding Recommendation of the Committee & the US Delegation’s Response:

At the US 4th Periodic Review on March 13, 2014, two UN Human Rights Committee members addressed the submitted issues of the Kent State Truth Tribunal. Messrs. Walter Kaelin and Yuval Shany flagged the United States regarding the killing at Kent State in several expressed reasons including lack of accountability, concerns related to command responsibility, the use of excessive and deadly force by the military and law enforcement, and US investigatory practices when credible, forensic evidence emerges 40 years later.

The next day the US delegation offered:

We were asked about Kent State: In 1970 four students were killed, were murdered. Nine were wounded. In 1974 the US Department of Justice prosecuted eight of the officers involved in that. The Judge threw out that prosecution. There is nothing we can do now. Between double jeopardy and the statute of limitations, there is nothing we can do. We are aware that there are some who say there’s new evidence. We have looked at that new evidence and that new evidence does not make an unprosecutable case prosecutable.”

Even though the United States claimed Kent State was “murder and killing”, their recent April 1, 2015 response does not include any action taken with regard to the Kent State “unlawful killings”, as outlined in the March 2014 UNHRC concluding recommendations:

The party should ensure that all cases of unlawful killing, torture or other ill-treatment, unlawful detention or enforced disappearance are effectively, independently and impartially investigated, that perpetrators, including, in particular, persons in positions of command, are prosecuted and sanctioned, and that victims are provided with effective remedies. The responsibility of those who provided legal pretexts for manifestly illegal behaviour should also be established.”

The Kent State Truth Tribunal United Nations Reports:

February 2013 Kent State Truth Tribunal UN Submission ~ http://bit.ly/1f2X25i

October 2013 KSTT Shadow Report ~ http://bit.ly/1kBSjfa

February 2014 KSTT Final Update ~ http://bit.ly/1ezn0cG

March 2014 KSTT Addresses the UN Human Rights Committee ~ http://bit.ly/1dgliTW

After the US 4th Periodic Human Rights Review at the United Nations, this tshirt design was created by artist Josh Starcher for the Kent State Truth Tribunal:

KSTT_Reunion13

RECOMMENDATION: The United States must examine forensic evidence of expert Stuart Allen’s digital analysis of the Kent State tape and acknowledge his findings.

IV.  US Unlawful Killings Require Acknowledgement, Credible Investigation & Accountability

When the United States Delegation said, “In 1970, four students were killed, was murdered”, the long held US position that the killings at Kent State were simply a ‘civil rights’ matter was extinguished forever.

Now that the deaths at Kent State have been acknowledged by the State as murder, US authorities are required to treat the Kent State recording as evidence from a cold case homicide, and the tape must be credibly, impartially and independently investigated as noted in the United Nations Human Rights Council from the 26th session on the “Promotion and protection of all human rights, civil, political, social and cultural rights’ mandate of the Special Rapporteur on extrajudicial, summary and arbitrary executions:

the obligation of all States to conduct exhaustive and impartial investigations into all suspected cases of extrajudicial, summary or arbitrary executions, to identify and to bring to justice those responsible, while ensuring the right of every person to a fair and public hearing by a competent, independent and impartial tribunal established by law, to grant adequate compensation within a reasonable time to the victims or their families and to adopt all necessary measures, including legal and judicial measures, in order to bring an end to impunity and to prevent the recurrence of such executions, as stated in the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions.”

The requirement for effective investigation includes acknowledgement of new evidence in accordance with international norms such as the United Nations Manual on the Effective Prevention and Investigations of Extra-legal, Arbitrary and Summary Executions, U.N. Doc. E/ST/CSDHA/.12(1991). http://www1.umn.edu/humanrts/instree/executioninvestigation-91.html#11

V.   The Current Instituted History of the Kent State Massacre Confuses, Censors and Obfuscates the May 4, 1970 Unlawful Killings

Instead of examining the Kent State tape that emerged in 2010, the US Justice Department has refuted the provenance of the tape, ignored the new evidence, confused what was discovered, discredited the forensic expert and censored the 2010 forensic findings in the Kent State tape. This behavior echoes the tremendous effort on the part of the US government, Kent State University and US Justice Department to hamper and derail efforts for restorative justice to be achieved and Kent State truth to be known by the public since May 4, 1970.

Back in 1979, after nine years of civil litigation, where Kent State plaintiffs sued for wrongful death (the only legal option in the American judicial system), an out-of-court civil settlement was reached, including $15,000 paid by the State for the death of Allison Krause and a statement of regret signed by the Kent State shooters.

Rediscovered on September 2014, was the Kent State Civil Settlement Statement of 1979, authored and signed by the plaintiffs, which shared the sentiments of all harmed in the May 4th Kent State Massacre. The Settlement Statement includes hard-fought-for recommendations to the US government that were patently ignored, never implemented and could have protected the lives of countless Americans.

Following the emergence of the new Kent State evidence, in 2012 Kent State University constructed a $1.1 million visitor center near the killing site. The visitor center exhibits are not factually accurate and whitewash US government complicity; the new Kent State tape evidence is buried, and when mentioned, criticized.

In 2011, forensic expert Stuart Allen was interviewed by CNN on his findings in the Kent State tape and until recently the interview was available to be viewed at CNN.com. This year Stuart Allen’s CNN Kent State interview was removed from the CNN website; watch the CNN scrubbed Stuart Allen interview on youtube.

Will we ever learn the truth of what happened at Kent State?

To date there have been no credible investigations into what occurred at Kent State. This is a terrible precedent. Americans still do not have access to true knowledge through credible investigation of what occurs when US law enforcement and the military kill civilians. The same, flawed US grand jury system only exonerates and protects the police and those in authority. There is no facility for redress in America. Instead victims and surviving families are encouraged to “move on” yet many survivors suffer from harassment by the FBI for many years to come.

RECOMMENDATION: In the coming days, the Kent State Truth Tribunal will be making application to the Special Rapporteur on Extrajudicial, Arbitrary and Summary Execution, Mr. Christof Heyns. Mr. Heyns was recommended by Ms. Maria Clara Martin, Chief Americas Sections at the UN in March 2014.

VI.  Truth Tribunals: A New Standard for Citizen-Organized Accountability in America

When the courts fail to bring justice to the injured and when governments prefer to neglect their role in such tragedies, families sometimes turn to alternative means of gathering the truth. After years of exhausting efforts to find out what happened on the day of Allison’s death, and failure to receive any meaningful recognition for the injury suffered by our family, we established the Kent State Truth Tribunal on the 40th anniversary of the killings. We felt the imperative to do this for our family and to come together with others to create an accurate historical account of what occurred at Kent State, also honoring and preserving the first person narratives of original witnesses and participants.

When young Michael Brown was shot to death by US law enforcement in Ferguson, Missouri on August 9, 2014, Allison’s family watched the efforts of the United States to investigation Michael Brown’s unlawful killing, especially noting the parallels between Michael’s killing and Allison’s.

First a State grand jury was instituted and at the conclusion, those in authority failed to bring criminal charges for killing and exonerated US law enforcement. We recognized the similarities in the government’s handling of the killings at Kent State. The results were almost identical with the State grand jury not capable of indicting the police officer that shot Michael dead. Those in authority in Ferguson and at the US Justice Department viewed the killing of Michael Brown through a ‘civil rights’ lens, outrageously ignoring the much more critical crime involved in Michael’s killing by US law enforcement.

Ever since August 2014, deaths of people of color, particularly young people, at the hands of US law enforcement, have been dealt with as civil rights issues, neglecting to hold anyone accountable for the State killing civilians. In America there is no recourse, nor any other judicial avenue, no possibility for redress for acts of State-sponsored murder.

It has become clear that accountability is impossible in the current American judicial system. Because of the flawed system and since the witnesses and participants of civilian death by US law enforcement at Ferguson (Cleveland, Baltimore and more) will not have their truth recorded, known or honored, we wish to offer the use of the Truth Tribunal methodology to enable a citizen-organized campaign for accountability in these situations.

RECOMMENDATION: The Kent State Truth Tribunal seeks direction and support from the United Nations in offering the facility of citizen-organized Truth Tribunals to those harmed by State-sponsored, unlawful killings in America. Our goal is for the KSTT and the United Nations to work together to bring restorative justice and accountability to the United States. How may we get started?

VII.  The Allison Center for Peace

Later in 2015 we will be inaugurating the Allison Center for Peace, a peace destination in America, creating an environment for the discussion and development of peaceful solutions, and focused on fostering peace in America.

As we form our center for peace in America, we invite the United Nations to become involved as a founding partner.

RECOMMENDATION: The Kent State Truth Tribunal wishes to explore an on-going relationship with the United Nations in the development of the Allison Center for Peace on the Mendocino coast of Northern California.

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January 11, 2015 from the Mendocino coast

A birthday blog for my father Arthur S. Krause on his 90th in this vintage review of I.F. Stone’s 1971 book, The Killings at Kent State, How Murder Went Unpunished

Our Allison was one of ‘Four Dead in Ohio’ … shot to death by US military personnel as she protested the Vietnam War on her Kent State University campus at noon.

Read the true story of Kent State, Jackson State and as you consider these facts, please realize that American leadership’s standard judicial remedy for the murder of civilians is to offer and institute the American grand jury system. Whether in 2015 or in 1970, official US grand juries continue to fail to enable truth, redress, accountability or justice for Americans, especially when American civilians are killed by US law enforcement.

A Harvard Crimson Book Review: I. F. Stone’s Exposing Kent State by Garrett Epps, February 16, 1971, full article

arthur.krause.ksu.1975-1-1THE “forces of order” disposed of six students last May-four whites at Kent State and two blacks at Jackson State. Immediately after the shots were fired, in each case, the killers and the officials who dispatched them began covering up the crime and preparing to use the legal system to discredit and punish “ringleaders.”

At Jackson, the local police, the Mississippi Highway Patrol, and the authorities proceeded with coldblooded efficiency born of long practice, using well-established administrative practices to cover up the wanton murder of blacks. As soon as the troopers had stopped firing, the Scranton Commission reported, they calmly picked up and hid the shell casings lying on the ground. They then agreed on a story and stuck to it in their testimony before the Hinds County Grand Jury and their replies to FBI investigators. All of those interviewed denied shooting-a story so ridiculous that even the local grand jury, which found the murders justified, called their declarations “absolutely false.”

After further questioning, the Highway Patrol produced a few shells which it had forcehandedly saved-all were from city police guns. When confronted with this evidence, three Jackson policemen admitted that they had fired. However, neither the local nor the federal grand juries felt compelled to consider charges under the perjury or “false declaration” laws, Instead, they turned the shell casings over to the FBI. Before recessing, however, the county grand jury indicted a young black named Ernest Kyles for arson and inciting to riot.

The cover-up mechanism here was strong; it was roughly the same as that used by the authorities in Orangeburg, S.C., in 1968, after troopers there shot and killed three black students and wounded twenty-seven. Although nineteen policemen were indicted for the shootings, they were later acquitted, returned to duty, and promoted.

It seems unlikely that the Jackson State cover-up will be broken and the guilty punished-especially since the Nixon administration has given unmistakable notice that it is not very interested in pushing investigations into murders of blacks by whites upon whom it is depending for reelection (FBI agents interviewing the police in Mississippi did not bother to keep written records of the interviews-a standard practice intended to make preparing a case easier for local prosecutors).

Initially, the killings at Kent State and the after-math follow the same pattern: disorder breaks out, deadly force is called in to quell it, people are shot at random, evidence is suppressed, and a kangaroo tribunal returns indictments against the victims while clearing the killers. This is what happened during the summer and early fall at Kent: a grand jury cleared the Guardsmen, while indicting 25 students on charges of riot, arson, and unlawful assembly. The report-including a passage which stated that the responsibility for the shootings lay with the students, faculty, and Administration of the University-was published. It seemed likely that the students would be tried and sentenced and the matter forgotten.

BUT the analogy has broken down; for the victims at Kent were not blacks (whose murders are accepted as a matter of course by most of the white middle class), but-as the media never tired of repeating-the children of middle America, kids like the kids next door.

Liberal response was impressive-Ramsey Clark and Mark Lane, among others, came to Ohio to defend those indicted. The pressure has paid off in some partial victories for the Kent 25: two weeks ago, a Federal district judge invalidated the Ohio grand jury report and ordered all available copies burned because it might prejudice jurors if the case came to trial. Ohio State Attorney General William J. Brown is appealing the case and opposing a move to quash the indictments which followed the decision, but it now seems possible that most of the Kent 25 will get off.

I.F. Stone has written a book, The Killings at Kent State which illuminates some of the pressures which caused the shootings and the cover-up which followed. Moreover, he has published some official documents which reveal how the cover-up was effected-including an FBI report prepared in June which says “we have some reason to believe that the claim by National Guardsmen that their lives were endangered was fabricated subsequent to the event.” The book is partly a collection of pieces about the shootings which Stone wrote late last year for the New York Review of Books, with a special report by the Akron Beacon-Journal, a summary of the FBI report-never published before-and the text of the original grand jury report appended.

He also deals with Jackson State, but there he found less information to go on. The Justice Department and the media have taken less of an interest in Jackson: what happened there was established procedure. As Attorney General John Mitchell said last month: “The case is closed. The judicial process has taken its course.”

Stone has been around for a long time, and he can see through official lies and half-truths better than any other American journalist. He also has a large capacity for liberal outrage, and he finds plenty to anger him in the Kent situation. It is apparent that, from the decision to call in the National Guard until the publication of the Grand Jury report, the students at Kent State were victims of a cynical political system that counted their deaths merely as embarrassments or opportunities to entrench itself further in power.

Ohio Governor James Rhodes took over the handling of the Kent situation personally on Sunday, the day before the murders. The night before, students had burned the ROTC building on campus, slashing hoses when firemen came to put out the fire. Rhodes went to great lengths to demonstrate that he was hopping mad. He told a press conference that he had ordered the Guard to break up all assemblies on the campus, regardless of whether or not they were violent.

Pounding his fist on the table, he intoned, “We’re going to employ every force of law that we have under our authority. . . . We are going to employ every weapon possible. . . . You cannot continue to set fires to buildings that are worth five to ten million dollars [the ROTC building was valued at about $50,000] . . . . These people just move from one campus to another and terrorize a community. They’re worse than the brown shirts and the Communist element and also the night riders in the vigilantes [sic]. They’re the worst type of people that we harbor in America. . . . There is no sanctuary for these people to burn down buildings. It’s over with in Ohio.”

Some of Rhode’s deep moral outrage may be explained by the fact that he was running for the Republican Senatorial nomination in a primary two days away. Anti-student measures were good politics and Rhodes seized the chance to show what a tough guy he could be by turning the Guard loose on the Kent students with orders to let them have it.

THE GUARD he was using to prove his point was a weapon with a hair-trigger. The Ohio National Guard is the barony of Gen. Sylvester T. Del Corso, a former Army Colonel with the habit of keeping his office clock four hours fast. Del Corso appeared on televised hearings of the Scranton Commission last summer, sporting a complacent smile and carrying a large rock and a length of steel pipe which he claimed students had thrown at his men. Corso had achieved fame in Ohio before Kent by denouncing Cleveland Mayor Carl Stokes as a tool of black revolutionaries and Communists, and by blaming permissiveness and a Communist conspiracy for ghetto riots. His Guard was one of the few in the nation which routinely carried live ammunition, and it had standing orders to shoot back at snipers.

Before being ordered to Kent on May 2, the Guard units involved had spent four days on active duty fighting a wildcat strike. When the order came, one-third of the force was assembled and given a one-hour review lesson in riot control. Then the whole detachment piled into trucks and headed for the campus.

Rhodes and Del Corso had both made it clear that the Guard should not feel inhibited about their methods in breaking up student demonstrations. Students-all students-were the enemy. The Guard had no clear function on campus. It was there to punish the campus for being unruly, for being antiwar, for being young. It was there to garner a few points for an ambitious politician.

The Guardsmen shot, killing four and wounding [nine]. No one can make any sense out of the shooting; there was no sniping; the Guardsmen were neither in danger nor even surrounded; the number of rocks thrown was not large; and there was even plenty of tear gas-both FBI reports and the report by the Beacon-Journal make these facts clear. The only gun seized on campus that day belonged to a student taking pictures for the campus police. [Allegedly from Terry Norman, KSU student and FBI Informant/Provocateur]

The Guardsmen were acting on an ideology enunciated by Nixon, Agnew, and Del Corso. The students were the enemy, the American Viet Cong, guilty of the crime of being in the way. The Guardsmen had been given a focus for their anger, given live ammunition, and told to take care of the situation. No one can contend that they shot cold-bloodedly, taking out their anger like the hardhats. Undoubtedly they fired in blind, tired, nervous panic. But the shells had been loaded and the powder primed very carefully in Washington and Columbus.

Rhodes lost the primary the next day and went into seclusion, refusing to speak to reporters for three weeks. But the cover-up was under way before that. According to the FBI report, the Guardsmen got together and agreed to say that they had been in danger and had fired to keep from being overrun by students who wanted to grab their guns and bayonet them. The Beacon-Journal report explodes this flimsy story by quoting a Guardsman as saying, “The guys have been saying that we got to get together and stick to the same story, that it was our lives or them, a matter of survival. I told them I would tell the truth and I wouldn’t get in trouble that way.”

THE FBI reports also destroy the story, reporting that only one Guardsman was seriously injured in the action before the firing, and that “the Guardsmen clearly did not believe that they were being fired upon.” Photographs do not show Guardsmen crouching or seeking cover from rocks. And, the report says, “We have some reason to believe that the claim by Guardsmen that their lives were endangered by the students was fabricated after the fact.”

The Ohio Grand Jury that met to consider the shootings, however, was not programmed to accept these possibilities. It had one purpose: to exonerate the Guard. To have done otherwise, as Stone points out, would have been to condemn Rhodes. The political underlings accepted as a matter of course the Governor’s complicity in the killings and moved to prevent it from being known. Thus, the chief prosecutor read the FBI report but did not submit it to the Grand Jury. He also neglected to call a number of Guardsmen named in the FBI report who gave testimony contrary to the pre-planned conclusion that the Guard had been in danger. Another prosecutor later told the newspapers that the National Guard “should have shot all the troublemakers.”

The grand jury gave the expected whitewash, and the published report expanded considerably on its original mandate. It first dealt with the question of the Guardsmen (simultaneously deciding that a number of students should be charged with riot). The Guardsmen, it said, had “fired in the sincere and honest belief and under the circumstances which would have logically caused them to believe that they would have suffered serious bodily injury had they not done so,” and were “not, therefore, subject to criminal prosecution.”

The report then fixed responsibility for the four deaths on the university administration, which was “permissive”: even though SDS had been banned from the campus for more than a year, the Grand Jury made much of the fact that any other organization could be accredited to use University facilities without prior political screenings. The Administration had even, it charged, allowed a rock concert by “a rock music group known as the ‘Jefferson Airplane'” at which slide projectors had shown shots of the Guardsmen firing at the students.

THE SOLUTION the report proposed was designed to prevent any more Kent States: “Expel the troublemakers without fear or favor.”

The repressive mechanisms swung into action: the 25 were indicted, and tough new laws and rules were inaugurated to make pacification of students easier. One bill, the Ohio Campus Disorders Act, requires that an outside referee be appointed by the Regents of every State University with the advice of the local Bar Association. This referee would hear disciplinary cases of students arrested for-not convicted of-any felony or misdemeanor. He has the unrestricted right to expel or suspend students brought before him.

The Bar Association in Kent nominated Seabury Brown-the prosecutor who had said that “the National Guard should have shot all the troublemakers.”

This nomination was vetoed by the Regents; and it seems possible that the Kent 25 may not be jailed for the crime of having served as moving targets. But the machinery is being honed. Next time it will work better; and soon, it may be as ruthless and efficient everywhere as it is in Mississippi.

It would be satisfying to imagine that this book-thorough and remarkably well-documented, considering the haste with which it was assembled-could cause a public outcry; but it is impossible. Stone told a reporter last week that he did not expect much reaction to the book. “The war has made moral imbeciles of us all,” he said. Truly, six years of escalating war at home and in Vietnam have revealed clearly that our democratic institutions are a sick joke, and the realization has numbed us. We may be beaten to the ground before feeling returns.

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May 30, 2013

LaurelLeaKentState

Editors Note: On October 10, 2013, the US Delegation to the United Nations Human Rights Committee requested a postponement due to the partial US Government shutdown. The US postponement request was for the United States 4th Periodic Review and the UN Human Rights Committee Secretariat agreed to the request, setting a new date for the US 4th Periodic Review, March 2014. News response to the US postponement ~ http://bit.ly/H4M6qD

In early 2013 the Kent State Truth Tribunal (KSTT) submitted human rights questions to the United Nations for the United States to address. This year the United States continues in the process of being  reviewed by the United Nations, Human Rights Committee, readying for its formal review in October 2013. On Thursday May 30, 2013, this first consult statement from KSTT was voiced to the United States.

“Good afternoon: I am Laurel Krause for the Kent State Truth Tribunal and my sister Allison Krause was shot dead by U.S. military bullets at Kent State University on May 4, 1970 as she protested the announcement of the Cambodian Invasion in the Vietnam War long ago in America.

With regard to Allison’s death, and the three other American students killed on May 4, 1970, there has never been a credible, impartial, independent investigation into the May 4th Kent State Massacre. In 1979 at the end of our courtroom quest for Allison’s justice we received $15,000 and a statement of regret from the United States government.

40 years later in 2010, new audio evidence was discovered in a tape recording, analyzed by internationally-respected forensic evidence expert Stuart Allen. It is now three years later and the U.S. federal government continues to refuse to acknowledge or examine the new evidence yet over these past three years we have demanded that the Kent State Strubbe tape be examined … to no avail.

While Kent State human rights issues are not explicitly mentioned in the list of issues, they are covered by a number of general questions raised by the Committee, especially under Right to Life, Obligation to Conduct Independent, Thorough and Credible Investigations into Excessive Use of Force and Firearms by Police/Military, and Right to Effective Remedy.

The Human Rights Committee is likely to bring up the human rights related to Kent State as an example of the United States’ failure to meet ICCPR obligations during the U.S. review in October. If any U.S. government personnel or group wishes to learn more about the Kent State Massacre and the new evidence, including and since in 2010, I am happy to provide that to you. I will also be submitting a shadow report to the Committee. Thank you.”

On February 9, 2013, the Kent State Truth Tribunal and Allison’s family submitted a list of issues to be considered by the United Nations, including Kent State questions to be asked at the United States’ Report on their Compliance with the International Covenant on Civil and Political Rights before the 107th Session of the United Nations Human Rights Committee in Geneva, March 11-28, 2013. 130209_ICCPRKentStateFinalA

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4BumsKilled

Editors Note: On October 10, 2013, the US Delegation to the United Nations Human Rights Committee requested a postponement due to the US Government shutdown. The US postponement request set the new date for the US 4th Periodic Review on March 13/14, 2014. News response to the US postponement ~ http://bit.ly/H4M6qD

On April 3, 2013 Kent State Truth Tribunal’s submission to the United Nations was posted online at the UN Human Rights Committee website, including questions related to the the United States’ refusal to open a credible, independent investigation of the Kent State new evidence.  KSTT U.N. Submisstion

UNITED NATIONS NEWS: The United Nations Office of the High Commissioner, Human Rights Committee released their ‘List of Issues’ to be asked of the United States regarding American Leadership’s human rights record. On March 13 and 14, 2014, the United States will participate in its 4th Periodic Review before the UN Human Rights Committee.

The Human Rights Committee ‘List of Issues’ does include broad language inquiring about measures taken by American leadership to address police brutality and excessive use of force, which could serve as impetus for discussion about Kent State later this year, hopefully examining the critical ‘Right to Life’ issue for American protesters remains unexplored.

FIRST CONSULT was held 5/30/13. READ the Kent State Truth Tribunal statement to the United States related to the United Nations, Human Rights Committee culminating in Geneva, March 2014. http://bit.ly/15HhJxO

READ our Kent State Submission for the U.N., Human Rights Committee.

Uncensoring the ‘unhistory’ of the Kent State massacre while also aiming toward justice & healing, a chapter in Censored 2013 from Project Censored http://bit.ly/RQNUWC

More on the 2/9/13 Kent State Truth Tribunal Submission to the United Nation: A Plea for Justice at Kent State. http://bit.ly/WQpjUP

PROGRESS from October 2013:  READ the Kent State Truth Tribunal ‘shadow report’ to the UN, Human Rights Committee  KSTTShadowReportFINAL

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Editors Note: On October 10, 2013, the US Delegation to the United Nations Human Rights Committee requested a postponement due to the partial US Government shutdown. The US postponement request was for the United States 4th Periodic Review and the UN Human Rights Committee Secretariat agreed to the request, setting a new date for the US 4th Periodic Review in March 2014, with the exact dates to be determined. News response to the US postponement ~ http://bit.ly/H4M6qD

On February 9, 2013, the Kent State Truth Tribunal and Allison’s family submitted a list of issues to be considered by the United Nations, including Kent State questions to be asked at the United States’ Report on their Compliance with the International Covenant on Civil and Political Rights before the 107th Session of the Human Rights Committee in Geneva, March 11-28, 2013.

AllisonImproved

READ the Kent State Truth Tribunal submission to the UN, HRC full document 130209_ICCPRKentStateFinalA

Kent State Truth Tribunal submission the United Nations, Human Rights Committee

Seeking an independent, impartial investigation into the May 4th Kent State Massacre (Article 2 (Right to remedy); Article 6 (Right to life); Article 19 (Right to fre

edom of expression); Article 21 (Right to peaceful assembly))

I. Reporting Organization

The Kent State Truth Tribunal (KSTT) was founded in 2010 upon the emergence of new forensic evidence regarding the May 4, 1970 Kent State Massacre. KSTT is a non-profit organization focused on revealing truth and bringing justice to Kent State massacre victims and survivors.

Representing Allison Beth Krause, 19-year-old student protester slain at Kent State University on May 4, 1970: Doris L. Krause, mother & Laurel Krause, sister.

II. Issue Summary

On May 4, l970 members of the Ohio National Guard fired between 61 and 67 shots into a crowd of unarmed anti-war protestors at Kent State University in Kent, Ohio, killing four and wounding nine students. For over 40 years, the government has claimed that the Guardsmen did not fire on command, and instead shot in self-defense after hearing sniper fire in the crowd.

In 2010, new forensic evidence emerged debunking this theory. The evidence consisted of a tape recorded by a Kent State student during the shooting. Though the original tape, known as the Kent State Strubbe tape, was destroyed by the Federal Bureau of Investigation (F.B.I.) in 1979, a bonafide copy of the tape was located in 2007 and was analyzed in 2010 by an internationally accredited forensic expert. The analysis, derived using state-of-the-art technology that was not available in prior investigations of the shooting, demonstrates that there was a ‘command to fire’ at the protestors. Moreover, the enhanced tape identified four pistol shots fired 70 seconds before the command as coming from an F.B.I. informant’s pistol to create the ‘sound of sniper fire.’ Although the U.S. Department of Justice (DOJ) received this new evidence, the Department declined to re-open its investigation of the Kent State shooting.

The victims of the Kent State massacre and their families have been unable to obtain access to meaningful redress. In 1974, federal charges against eight members of the Ohio National Guard of willfully violating the rights of the dead and wounded students were dismissed because, according to the judge, the government had failed to prove its case. In 1979 a civil rights settlement was reached with the issuance of a signed Statement of Regret and $15,000 for Allison B. Krause, one of the victims of the Kent State shooting. However, the settlement did not include an apology. Moreover, the federal charges and settlement were centered on civil rights and constitutional violations – there has yet to be a criminal indictment for murder. Additionally, as investigations of the shooting have thus far only been conducted by government entities, there has yet to be a credible, impartial, and independent investigation of the Kent State shooting. Moreover, the U.S. military has failed to address the use of live ammunition on college campuses and whether appropriate force was used on protestors at Kent State.

Failure to ensure justice and accountability for the Kent State massacre has set a precedent that the U.S. can continue to harass, abuse, and even kill protestors. Just ten days after the Kent State massacre, two student protesters were murdered by state police as they protested the Vietnam War on the Jackson State University campus. American authorities have stated ‘snipers’ prompted the firing of military weapons at student protesters, just as at Kent State University. Unfortunately suppression of peaceful assembly continues today. Since the ‘Occupy’ movement began in 2011, protestors have been labeled as ‘domestic terrorists’ by the F.B.I. and have been arrested in massive numbers for peaceful protests and assemblies. Until the U.S. conducts a credible, impartial and investigation into the Kent State shooting, and provides redress for victims and their families, protestors in the U.S. will continue to be at risk of being deprived of their fundamental rights without accountability.

III. U.S. Government Report and Prior Recommendations

Although the U.S. has not addressed the Kent State shooting in its periodic reports to the Human Rights Committee, it has professed support for the right to remedy, compensation for victims of crimes, and the obligation to conduct independent, credible, and thorough investigations into violations of rights, especially the right to life.

In 2010 and after two failed investigations, the United Kingdom finally organized a legitimate, impartial investigation into Bloody Sunday, a 1972 massacre that was strikingly similar to the May 4 Kent State shooting. The Bloody Sunday investigation overturned all prior examinations and admitted to wrongdoing by the State. At the time, the U.S. welcomed the publication of the resulting Bloody Sunday Inquiry report and expressed hope that “the completion of the independent inquiry’s work and publication of its report will contribute to Northern Ireland’s ongoing transformation from a turbulent past to a peaceful future.”

On the international stage the U.S. has called upon nations to uphold the rule of law and respect the right to peaceful assembly. This was particularly evident during the ‘Arab Spring,’ as the Obama Administration called for accountability when government officials suppressed speech and killed and injured protestors. What the Administration has preached abroad, however, is not always practiced at home.

IV. Other UN and Regional Bodies Recommendations

In November 2012, the Organization for Security and Cooperation in Europe (OSCE) released a report conveying concern about the use of excessive force and undue restrictions on peaceful assembly in 11 countries, including the U.S. The report mentioned specific abuses with regards to Occupy Wall Street and recommended U.S. authorities ensure the right to free assembly, take efforts to limit the use of force by law enforcement officials, and ensure that allegations of police misconduct are promptly and thoroughly investigated. In a letter to Secretary of State Hillary Clinton in December 2011, the U.N. Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and U.N. Special Rapporteur on the rights to freedom of peaceful assembly and of association called on U.S. officials to “explain the behavior of police departments that violently disbanded some Occupy protests last fall” and reminded the U.S. government of its obligations under international law to “take all necessary measures to guarantee that the rights and freedoms of all peaceful protesters be respected.”

V. Recommended Questions

1. Given the new forensic evidence emerging in 2010 related to the murders at Kent State, for what reasons has U.S. Department of Justice chosen to refuse to conduct a new, independent, impartial inquiry into the killings?

2. What lessons have American leadership learned from the May 4th Kent State Massacre? Under what circumstances will deadly, lethal force and war-grade weapons be used against peaceful American protesters, including on university and college campuses?

3. What steps will the U.S. government take to ensure that protestors are allowed to protest and assemble freely, without fear of intimidation, arrest, physical injury or – more seriously – murder?

4. Will the United States conduct an impartial, independent examination of the Kent State massacre?

5. What steps will the U.S. government take to ensure that the F.B.I. does not violate the fundamental rights of protestors, including the right to life?

VI. Suggested Recommendations

1. Conduct a full, independent and credible investigation into the May 4th shooting and killing of 13 American protesters at Kent State University. Such an investigation must consider the new evidence and ensure that victims and their families have the right to be heard and given an opportunity to present evidence and testimony.

2. The U.S. government must ensure that all incidents involving the killing, injuring or unlawful use of lethal force against protesters are promptly and impartially investigated, the perpetrators held accountable, and the victims and their families are provided with adequate information on the investigation and full redress. This should include a criminal investigation and prosecution of perpetrators in addition to other legal remedies for violations of civil and constitutional rights.

Read the full document ~ 130209_ICCPRKentStateFinalA

Kent State Makes It to the U.N., Human Rights Committee http://bit.ly/10xZebQ

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This article is from the forthcoming book Censored 2013: Dispatches from the Media Revolution and intends to expose the lies of American leadership in order to uncensor the “unhistory” of the Kent State massacre, while also aiming toward justice and healing, as censoring the past impacts American Occupy protesters today.

by Laurel Krause with Mickey Huff

Shooting guardsmen at Kent State University on May 4, 1970, photograph taken by John A. Darnell Jr.

When Ohio National Guardsmen fired sixty-seven gun shots in thirteen seconds at Kent State University (KSU) on May 4, 1970, they murdered four unarmed, protesting college students and wounded nine others. For forty-two years, the United States government has held the position that Kent State was a tragic and unfortunate incident occurring at a noontime antiwar rally on an American college campus. In 2010, compelling forensic evidence emerged showing that the Federal Bureau of Investigation (FBI) and the Counter Intelligence Program (COINTELPRO) were the lead agencies in managing Kent State government operations, including the cover-up. At Kent State, lawful protest was pushed into the realm of massacre as the US federal government, the state of Ohio, and the Ohio National Guard (ONG) executed their plans to silence antiwar protest in America.

The new evidence threatens much more than the accuracy of accounts of the Kent State massacre in history books. As a result of this successful, ongoing Kent State government cover-up, American protesters today are at much greater risk than they realize, with no real guarantees or protections offered by the US First Amendment rights to protest and assemble. This chapter intends to expose the lies of the state in order to uncensor the “unhistory” of the Kent State massacre, while also aiming toward justice and healing, as censoring the past impacts our perspectives in the present.

The killing of protesters at Kent State changed the minds of many Americans about the role of the US in the Vietnam War. Following this massacre, there was an unparalleled national response: hundreds of universities, colleges, and high schools closed across America in a student strike of more than four million. Young people across the nation had strong suspicions the Kent State massacre was planned to subvert any further protests arising from the announcement that the already controversial war in Vietnam had expanded into Cambodia.

Yet instead of attempting to learn the truth at Kent State, the US government took complete control of the narrative in the press and ensuing lawsuits. Over the next ten years, authorities claimed there had not been a command-to-fire at Kent State, that the ONG had been under attack, and that their gunfire had been prompted by the “sound of sniper fire.” Instead of investigating Kent State, the American leadership obstructed justice, obscured accountability, tampered with evidence, and buried the truth. The result of these efforts has been a very complicated government cover-up that has remained intact for more than forty years.1

The hidden truth finally began to emerge at the fortieth anniversary of the Kent State massacre in May 2010, through the investigative journalism of John Mangels, science writer at the Cleveland Plain Dealer, whose findings supported the long-held suspicion that the four dead in Ohio were intentionally murdered at Kent State University by the US government.

Mangels commissioned forensic evidence expert Stuart Allen to professionally analyze a tape recording made from a Kent State student’s dormitory window ledge on May 4, 1970, forever capturing the crowd and battle sounds from before, during, and after the fusillade.2 For the first time since that fateful day, journalists and concerned Americans were finally able to hear the devastating soundtrack of the US government murdering Kent State students as they protested against the Vietnam War.

The cassette tape—provided to Mangels by the Yale University Library, Kent State Collection, and housed all these years in a box of evidence admitted into lawsuits led by attorney Joseph Kelner in his representation of the Kent State victims—was called the “Strubbe tape” after Terry Strubbe, the student who made the recording by placing a microphone attached to a personal recorder on his dormitory window ledge. This tape surfaced when Alan Canfora, a student protester wounded at Kent State, and researcher Bob Johnson dug through Yale library’s collection and found a CD copy of the tape recording from the day of the shootings. Paying ten dollars for a duplicate, Canfora then listened to it and immediately knew he probably held the only recording that might provide proof of an order to shoot. Three years after the tape was found, the Plain Dealer commendably hired two qualified forensic audio scientists to examine the tape.

But it is really the two pieces of groundbreaking evidence Allen uncovered that illuminate and provide a completely new perspective into the Kent State massacre.

First, Allen heard and verified the Kent State command-to-fire spoken at noon on May 4, 1970. The command-to-fire has been a point of contention, with authorities stating under oath and to media for forty years that “no order to fire was given at Kent State,” that “the Guard felt under attack from the students,” and that “the Guard reacted to sniper fire.”3 Yet Allen’s verified forensic evidence of the Kent State command-to-fire directly conflicts with guardsmen testimony that they acted in self-defense.

The government claim—that guardsmen were under attack at the time of the ONG barrage of bullets—has long been suspect, as there is nothing in photographic or video records to support the “under attack” excuse. Rather, from more than a football field away, the Kent State student protesters swore, raised their middle fingers, and threw pebbles and stones and empty tear gas canisters, mostly as a response to their campus being turned into a battlefield with over 2,000 troops and military equipment strewn across the Kent State University campus.

Then at 12:24 p.m., the ONG fired armor-piercing bullets at scattering students in a parking lot—again, from more than a football field away. Responding with armor-piercing bullets, as Kent State students held a peaceful rally and protested unarmed on their campus, was the US government’s choice of action.

The identification of the “commander” responsible for the Kent State command-to-fire on unarmed students has not yet been ascertained. This key question will be answered when American leadership decides to share the truth of what happened, especially as the Kent State battle was under US government direction. Until then, the voice ordering the command-to-fire in the Kent State Strubbe tape will remain unknown.

The other major piece of Kent State evidence identified in Allen’s analysis was the “sound of sniper fire” recorded on the tape. These sounds point to Terry Norman, FBI informant and provocateur, who was believed to have fired his low-caliber pistol four times, just seventy seconds before the command-to-fire.

Mangelswrote in the Plain Dealer, “Norman was photographing protestors that day for the FBI and carried a loaded .38-caliber Smith & Wesson Model . . . five-shot revolver in a holster under his coat for protection. Though he denied discharging his pistol, he previously has been accused of triggering the Guard shootings by firing to warn away angry demonstrators, which the soldiers mistook for sniper fire.”4

Video footage and still photography have recorded the minutes following the “sound of sniper fire,” showing Terry Norman sprinting across the Kent State commons, meeting up with Kent Police and the ONG. In this visual evidence, Norman immediately yet casually hands off his pistol to authorities and the recipients of the pistol show no surprise as Norman hands them his gun.5

The “sound of sniper fire” is a key element of the Kent State cover-up and is also referred to by authorities in the Nation editorial, “Kent State: The Politics of Manslaughter,” from May 18, 1970:

The murders occurred on May 4. Two days earlier, [Ohio National Guard Adjutant General] Del Corso had issued a statement that sniper fire would be met by gunfire from his men. After the massacre, Del Corso and his subordinates declared that sniper fire had triggered the fusillade.6

Yet the Kent State “sound of sniper fire” remains key, according to White House Chief of Staff Bob Haldeman, who noted President Richard Nixon’s reaction to Kent State in the Oval Office on May 4, 1970:

Chief of Staff Bob Haldeman told him [of the killings] late in the afternoon. But at two o’clock Haldeman jotted on his ever-present legal pad “keep P. filled in on Kent State.” In his daily journal Haldeman expanded on the President’s reaction: “He very disturbed. Afraid his decision set it off . . . then kept after me all day for more facts. Hoping rioters had provoked the shootings—but no real evidence that they did.” Even after he had left for the day, Nixon called Haldeman back and among others issued one ringing command: “need to get out story of sniper.”7

In a May 5, 1970, article in the New York Times, President Nixon commented on violence at Kent State:

This should remind us all once again that when dissent turns to violence it invites tragedy. It is my hope that this tragic and unfortunate incident will strengthen the determination of all the nation’s campuses, administrators, faculty and students alike to stand firmly for the right which exists in this country of peaceful dissent and just as strong against the resort to violence as a means of such expression.8

President Nixon’s comment regarding dissent turning to violence obfuscated and laid full blame on student protesters for creating violence at Kent State. Yet at the rally occurring on May 4th, student protester violence amounted to swearing, throwing small rocks, and volleying back tear gas canisters, while the gun-toting soldiers of the ONG declared the peace rally illegal, brutally herded the students over large distances on campus, filled the air with tear gas, and even threw rocks at students. Twenty minutes into the protest demonstration, a troop of National Guard marched up a hill away from the students, turned to face the students in unison, and fired.

The violence at Kent State came from the National Guardsmen, not protesting students. On May 4, 1970, the US government delivered its deadly message to Kent State students and the world: if you protest in America against the wars of the Pentagon and the Department of Defense, the US government will stop at nothing to silence you.

Participating American militia colluded at Kent State to organize and fight this battle against American student protesters, most of them too young to vote but old enough to fight in the Vietnam War.9 And from new evidence exposed forty years after the massacre, numerous elements point directly to the FBI and COINTELPRO (Counter Intelligence Program) as lead agencies managing the government operation of the Kent State massacre, including the cover-up, but also with a firm hand in some of the lead-up.

Prior to the announcement of the Cambodian incursion, the ONG arrived in the Kent area acting in a federalized role as the Cleveland-Akron labor wildcat strikes were winding down. The ONG continued in the federalized role at Kent State, ostensibly to protect the campus and as a reaction to the burning of a Reserve Officers’ Training Corps (ROTC) building. Ohio Governor James “Jim” Rhodes claimed the burning of the ROTC building on the Kent State University campus was his reason for “calling in the guard,” yet in this picture of the burning building, the ONG are clearly standing before the flames as the building burns.10

From eyewitness accounts, the burning of the ROTC building at Kent State was completed by undercover law enforcement determined to make sure it could become the symbol needed to support the Kent State war on student protest.11

According to Dr. Elaine Wellin, an eyewitness to the many events at Kent State leading up to and including May 4th, there were uniformed and plain-clothes officers potentially involved in managing the burning of the ROTC building. Wellin was in close proximity to the building just prior to the burning and saw a person with a walkie-talkie about three feet from her telling someone on the other end of the communication that they should not send down the fire truck as the ROTC building was not on fire yet.12

A memo to COINTELPRO director William C. Sullivan ordered a full investigation into the “fire bombing of the ROTC building.” But only days after the Kent State massacre, every weapon that was fired was destroyed, and all other weapons used at Kent State were gathered by top ONG officers, placed with other weapons and shipped to Europe for use by North Atlantic Treaty Organization (NATO), so no weapons used at Kent could be traced.

From these pieces of evidence, it becomes clearer that the US government coordinated this battle against student protest on the Kent State campus. Using the playbook from the Huston Plan, which refers to protesting students as the “New Left,” the US government employed provocateurs, staged incidents, and enlisted political leaders to attack and lay full blame on the students. On May 4, 1970, at Kent State University, the US government fully negated every student response as they criminalized the First Amendment rights to protest and assemble.13

The cover-up adds tremendous complexity to an already complicated event, making it nearly impossible to fairly try the Kent State massacre in the American justice system. This imposed “establishment” view that Kent State was about “civil rights”—and not about murder or attempted murder—led to a legal settlement on the basis of civil rights lost, with the US government consistently refusing to address the death of four students and the wounding of nine.14

Even more disheartening, efforts to maintain the US government cover-up at Kent State recently went into overdrive in April 2012, when President Barack Obama’s Department of Justice (DOJ) formally announced a refusal to open a new probe into the wrongs of Kent State, continuing the tired 1970 tactic of referring to Kent State as a civil rights matter.15

The April 2012 DOJ letters of response also included a full admission that, in 1979, after reaching the Kent State civil rights settlement, the FBI Cleveland office destroyed what they considered a key piece of evidence: the original tape recording made by Terry Strubbe on his dormitory window ledge. In a case involving homicides, the FBI’s illegal destruction of evidence exposes their belief to be “above the law,” ignoring the obvious fact that four students were killed on May 4, 1970. As the statute of limitations never lapses for murder, the FBI’s actions went against every law of evidence. The laws clearly state that evidence may not be destroyed in homicides, even when the murders are perpetrated by the US government.

The destruction of the original Strubbe tape also shows the FBI’s intention to obstruct justice: the 2012 DOJ letters on Kent State claim that, because the original Strubbe tape was intentionally destroyed, the copy examined by Allen cannot be compared to the original or authenticated. However the original Strubbe tape, destroyed by the DOJ, was never admitted into evidence.

From these pieces of evidence, it becomes clearer that the US government coordinated this battle against student protest on the Kent State campus. Using the playbook from the Huston Plan, which refers to protesting students as the “New Left,” the US government employed provocateurs, staged incidents, and enlisted political leaders to attack and lay full blame on the students. On May 4, 1970, at Kent State University, the US government fully negated every student response as they criminalized the First Amendment rights to protest and assemble.13

The cover-up adds tremendous complexity to an already complicated event, making it nearly impossible to fairly try the Kent State massacre in the American justice system. This imposed “establishment” view that Kent State was about “civil rights”—and not about murder or attempted murder—led to a legal settlement on the basis of civil rights lost, with the US government consistently refusing to address the death of four students and the wounding of nine.14

Even more disheartening, efforts to maintain the US government cover-up at Kent State recently went into overdrive in April 2012, when President Barack Obama’s Department of Justice (DOJ) formally announced a refusal to open a new probe into the wrongs of Kent State, continuing the tired 1970 tactic of referring to Kent State as a civil rights matter.15

The April 2012 DOJ letters of response also included a full admission that, in 1979, after reaching the Kent State civil rights settlement, the FBI Cleveland office destroyed what they considered a key piece of evidence: the original tape recording made by Terry Strubbe on his dormitory window ledge. In a case involving homicides, the FBI’s illegal destruction of evidence exposes their belief to be “above the law,” ignoring the obvious fact that four students were killed on May 4, 1970. As the statute of limitations never lapses for murder, the FBI’s actions went against every law of evidence. The laws clearly state that evidence may not be destroyed in homicides, even when the murders are perpetrated by the US government.

The destruction of the original Strubbe tape also shows the FBI’s intention to obstruct justice: the 2012 DOJ letters on Kent State claim that, because the original Strubbe tape was intentionally destroyed, the copy examined by Allen cannot be compared to the original or authenticated. However the original Strubbe tape, destroyed by the DOJ, was never admitted into evidence.

No More Kent States! 23

In 2010, the United Kingdom acknowledged the wrongs of Bloody Sunday, also setting an example for the US government to learn the important lessons of protest and the First Amendment. In January 1972, during “Bloody Sunday,” British paratroopers shot and killed fourteen protesters; most of the demonstrators were shot in the back as they ran to save themselves.24

Thirty-eight years after the Bloody Sunday protest, British Prime Minister David Cameron apologized before Parliament, formally acknowledging the wrongful murder of protesters and apologized for the government.25 The healing in Britain has begun. Considering the striking similarity in events where protesters were murdered by the state, let’s examine the wrongs of Kent State, begin to heal this core American wound, and make a very important, humane course correction for America. When will it become legal to protest in America?

President Obama, the Department of Justice, and the US government as a whole must take a fresh look at Stuart Allen’s findings in the Kent State Strubbe tape. The new Kent State evidence is compelling, clearly showing how US covert intelligence took the lead in creating this massacre and in putting together the ensuing cover-up.

As the United States has refused to examine the new evidence or consider the plight of American protest in 2012, the Kent State Truth Tribunal formally requested the International Criminal Court (ICC) at the Hague consider justice at Kent State.26

Who benefited the most from the murder of student protesters at Kent State? Who was really behind the Kent State massacre? There is really only one US agency that clearly benefited from killing student antiwar protesters at Kent State: the Department of Defense.

Since 1970 through 2012, the military-industrial-cyber complex strongly associated with the Department of Defense and covert US government agencies have actively promoted never-ending wars with enormous unaccounted-for budgets as they increase restrictions on American protest. These aims of the Pentagon are evidenced today in the USA PATRIOT Act, the further civil rights–limiting National Defense Authorization Act (NDAA), and new war technologies like CIA drones.

Probing the dark and buried questions of the Kent State massacre is only a beginning step to shine much-needed light on the United States military and to illuminate how the Pentagon has subverted American trust and safety, as it endeavors to quell domestic protest against war at any cost since at least 1970.

********

Laurel Krause is a writer and truth seeker dedicated to raising awareness about ocean protection, safe renewable energy, and truth at Kent State. She publishes a blog on these topics at Mendo Coast Current. She is the cofounder and director of the Kent State Truth Tribunal. Before spearheading efforts for justice for her sister Allison Krause, who was killed at Kent State University on May 4, 1970, Laurel worked at technology start-ups in Silicon Valley.

Mickey Huff is the director of Project Censored and professor of social science and history at Diablo Valley College.  He did his graduate work in history on historical interpretations of the Kent State shootings and has been actively researching the topic more since his testimony to the Kent State Truth Tribunal in New York City in 2010.

This article is from the forthcoming Seven Stories Press book Censored 2013: Dispatches from the Media Revolution and intends to expose the lies of American leadership in order to uncensor the “unhistory” of the Kent State massacre, while also aiming toward justice and healing, as censoring the past impacts #Occupy protesters today.

Notes

[1.] For more background on Kent State and the many conflicting interpretations, see Scott L. Bills, Kent State/May 4: Echoes Through a Decade (Kent OH: Kent State University Press, 1982). Of particular interest for background on this chapter, see Peter Davies, “The Burning Question: A Government Cover-up?,” in Kent State/May 4, 150–60. For a full account of Davies’s work, see The Truth About Kent State: A Challenge to the American Conscience (New York: Farrar, Straus & Giroux, 1973). For a listing of other works see Selected Bibliography on the Events of May 4, 1970, at Kent State University, http://dept.kent.edu/30yearmay4/source/bib.htm.

[2.] John Mangels, “New Analysis of 40-Year-Old Recording of Kent State Shootings Reveals that Ohio Guard was Given an Order to Prepare to Fire,” Plain Dealer (Cleveland), May 9, 2010, updated April 23, 2012, http://blog.cleveland.com/metro/2010/05/new_analysis_of_40-year-old_re.html; Interview with Stuart Allen analyzing new evidence who said of the efforts, “It’s about setting history right.” See the footage “Kent State Shootings Case Remains Closed,” CNN, added April 29, 2012, http://www.cnn.com/video/?/video/us/2012/04/29/justice-department-will-not-reopen-kent-state-shootings-case.cnn.

[3.] Submitted for the Congressional Record by Representative Dennis Kucinich, “Truth Emerging in Kent State Cold Case Homicide,” by Laurel Krause, http://thomas.loc.gov/cgi-bin/query/z?r111%3AE14DE0-0019%3A. For a brief introduction on the history and emerging historiography of the Kent State shootings, see Mickey S. Huff, “Healing Old Wounds: Public Memory, Commemoration, and Conflicts Over Historical Interpretations of the Kent State Shootings, 1977–1990,” master’s thesis, Youngstown State University, December 1999, http://etd.ohiolink.edu/view.cgi?acc_num=ysu999620326.

For the official government report, see The Report of the President’s Commission on Campus Unrest (Washington: US Government Printing Office, 1970), also known as the Scranton Commission. It should be noted that the Scranton Commission stated in their conclusion between pages 287 and 290 that the shootings were “unnecessary, unwarranted and inexcusable” but criminal wrongdoing was never established through the courts and no one was ever held accountable for the shootings. Also, it should be noted, that the interpretation that the guard was ordered to fire conflicts with Davies’s interpretation, in note 1 here, that even though he believes there was a series of cover-ups by the government, he has not attributed malice. For more on the Kent State cover-ups early on, see I. F. Stone, “Fabricated Evidence in the Kent State Killings,” New York Review of Books, December 3, 1970, http://www.nybooks.com/articles/archives/1970/dec/03/fabricated-evidence-in-the-kent-state-killings.

[4.] Mangels, “Kent State Tape Indicates Altercation and Pistol Fire Preceded National Guard Shootings (audio),” Plain Dealer (Cleveland), October 8, 2010, http://www.cleveland.com/science/index.ssf/2010/10/analysis_of_kent_state_audio_t.html.

[5.] Kent State Shooting 1970 [BX4510], Google Video, at 8:20 min., http://video.google.com/videoplay?docid=-3727445416544720642.

[6.] Editorial, “Kent State: The Politics of Manslaughter,” Nation, April 30, 2009 [May 18, 1970], http://www.thenation.com/article/kent-state-politics-manslaughter.

[7.] Charles A. Thomas, Kenfour: Notes On An Investigation (e-book), http://speccoll.library.kent.edu/4may70/kenfour3.

[8.] John Kifner, “4 Kent State Students Killed by Troops,” New York Times, May 4, 1970, http://www.nytimes.com/learning/general/onthisday/big/0504.html#article.

[9.] Voting age was twenty-one at this time, until the passage of the Twenty-Sixth Amendment to the US Constitution in 1971, which lowered the voting age to eighteen, partially in response to Vietnam War protests as youth under twenty-one could be drafted without the right to vote.

[10.] It should also be noted, that Rhodes was running for election the Tuesday following the Kent shootings on a law and order ticket.

[11.] “My Personal Testimony ROTC Burning May 2 1970 Kent State,” YouTube, April 28, 2010, http://www.youtube.com/watch?v=6ppBkB4caY0&feature=youtu.be; Freedom of Information Act, FBI, Kent State Shooting, File Number 98-46479, part 7 of 8 (1970), http://vault.fbi.gov/kent-state-shooting/kent-state-shooting-part-07-of-08/view.

[12.] The Project Censored Show on The Morning Mix, “May 4th and the Kent State Shootings in the 42nd Year,” Pacifica Radio, KPFA, 94.1FM, May 4, 2012 live at 8:00 a.m., archived online at http://www.kpfa.org/archive/id/80293 and http://dl.dropbox.com/u/42635027/20120504-Fri0800.mp3. For Wellin on ROTC, see recording at 28:45.

Show description: The May 4th Kent State Shootings 42 Years Later: Justice Still Not Served with Congressman Dennis Kucinich commenting on the DOJ’s recent refusal to reopen the case despite new evidence of a Kent State command-to-fire and the ‘sound of sniper fire’ leading to the National Guard firing live ammunition at unarmed college students May 4, 1970; Dr. Elaine Wellin, Kent State eyewitness shares seeing undercover agents at the ROTC fire in the days before, provocateurs in staging the rallies at Kent, and at Kent State on May 4th; we’ll hear from investigator and forensic evidence expert Stuart Allen regarding his audio analysis of the Kent State Strubbe tape from May 4th revealing the command-to-fire and the ‘sound of sniper fire’ seventy seconds before; and we hear from Kent State Truth Tribunal director Laurel Krause, the sister of slain student Allison, about her efforts for justice at Kent State and recent letter to President Obama..

Also see Peter Davies’ testimony about agents provocateurs and the ROTC fire cited in note 1, “The Burning Question: A Government Cover-up?,” in Kent State/May 4, 150–60.

[13.] The Assassination Archives and Research Center (AARC), “Volume 2: Huston Plan,” http://www.aarclibrary.org/publib/contents/church/contents_church_reports_vol2.htm.

[14.] Associated Press, “Kent State Settlement: Was Apology Included?,” Eugene Register-Guard, January 5, 1979, http://news.google.com/newspapers?nid=1310&dat=19790105&id=xvJVAAAAIBAJ&sjid=BuIDAAAAIBAJ&pg=3696,963632.

[15.] Mangels, “Justice Department Won’t Reopen Probe of 1970 Kent State Shootings,” Plain Dealer (Cleveland), April 24, 2012, http://www.cleveland.com/science/index.ssf/2012/04/justice_department_wont_re-ope.html; and kainah, “Obama Justice Dept.: No Justice for Kent State,” Daily Kos, May 2, 2012, http://www.dailykos.com/story/2012/05/02/1086726/-Justice-Dept-No-Justice-for-Kent-State.

[16.] Mangels, “New Analysis.”

[17.] Letters between the Department of Justice and Representative Dennis Kucinich, archived at the Congressman’s website, April 20 and April 24 of 2012, http://kucinich.house.gov/uploadedfiles/kent_state_response_from_doj.pdf and http://kucinich.house.gov/news/documentsingle.aspx?DocumentID=292306.

[18.] Mangels, “Kent State Shootings: Does Former Informant Hold the Key to the May 4 Mystery?,” Plain Dealer (Cleveland), December 19, 2010, http://www.cleveland.com/science/index.ssf/2010/12/kent_state_shootings_does_form.html.

[19.] Freedom of Information Act, FBI.

[20.] The Project Censored Show on The Morning Mix, “May 4th and the Kent State Shootings in the 42nd Year.”

[21.] Steven Rosenfeld, “Will a Militarized Police Force Facing Occupy Wall Street Lead to Another Kent State?,” AlterNet, May 3, 2012, http://www.alternet.org/rights/155270/will_a_militarized_police_force_facing_occupy_wall_street_lead_to_another_kent_state_massacre.

[22.] Ibid.

[23.] Laurel Krause, “No More Kent States,” Mendo Coast Current, April 21, 2012, https://mendocoastcurrent.wordpress.com/2012/04/21/13-day-for-kent-state-peace.

[24.] Laurel Krause, “Unjustified, Indefensible, Wrong,” Mendo Coast Current, September 13, 2010, https://mendocoastcurrent.wordpress.com/2010/09/13/unjustified-indefensible-wrong.

[25.] Associated Press, “Bloody Sunday Report Blames British Soldiers Fully,” USA Today, June 15, 2010, http://www.usatoday.com/news/world/2010-06-15-Bloody-Sunday-Ireland_N.htm; and Cameron’s direct quote from Henry McDonald, Owen Bowcott, and Hélène Mulholland, “Bloody Sunday Report: David Cameron Apologises for ‘Unjustifiable’ Shootings,” Guardian, June 15, 2010, http://www.guardian.co.uk/uk/2010/jun/15/bloody-sunday-report-saville-inquiry.

[26.] Laurel Krause, “To the Hague: Justice for the May 4th Kent State Massacre?,” Mendo Coast Current, May 7, 2012, https://mendocoastcurrent.wordpress.com/2012/05/07/may-4th-kent-state-massacre-a-call-for-truth-justice; for more on the Kent State Truth Tribunal, see http://www.TruthTribunal.org.

 

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