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Bergdahl Charges Stoke Fresh Criticism of Prisoner Swap

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U.S. Army Col. Daniel King addresses the news media about charges against Army Sgt. Bowe Bergdahl at Fort Bragg, N.C., on Wednesday, March 25, 2015. Bergdahl, who abandoned his post in Afghanistan and was held captive for five years by the Taliban, was charged Wednesday by the U.S. military with desertion and misbehavior before the enemy and could get life in prison if convicted. (AP Photo/Allen G. Breed)

U.S. Army Col. Daniel King addresses the news media about charges against Army Sgt. Bowe Bergdahl at Fort Bragg, N.C., on Wednesday, March 25, 2015. Bergdahl, who abandoned his post in Afghanistan and was held captive for five years by the Taliban, was charged Wednesday by the U.S. military with desertion and misbehavior before the enemy and could get life in prison if convicted. (AP Photo/Allen G. Breed)

JULIE PACE, AP White House Correspondent

WASHINGTON (AP) — The tough military charges against Army Sgt. Bowe Bergdahl have revived the questions and controversy surrounding President Barack Obama’s decision to swap five Taliban detainees to secure his release, as well as the wisdom of the White House fanfare that followed.

Bergdahl, who abandoned his post in Afghanistan and was held captive by the Taliban, was charged Wednesday with desertion and misbehavior before the enemy. The latter charge as it applies to Bergdahl carries a sentence of life in prison. If convicted on either charge, he could also be dishonorably discharged, reduced in rank and have to forfeit all pay.

Republicans cast the charges as validation of their fierce opposition to Obama’s prisoner swap, which the GOP and some Democrats have long criticized as politically motivated and a flagrant violation of U.S. policy against negotiating with terrorists. Lawmakers were also furious that Obama authorized the detainees’ release from the U.S. prison at Guantanamo Bay, Cuba, without consulting Congress, despite federal law requiring him to do so.

“Today’s announcement is the exclamation point on the bad deal the Obama administration cut to free five terrorist killers in its rush to empty the prison at Guantanamo Bay,” Rep. Ed Royce of California, the chairman of the House Foreign Affairs Committee, said Wednesday.

Sen. Roger Wicker, R-Miss., a member of the Senate Armed Services Committee, said the charges were sure to “raise doubts in the mind of the average American” about the initial trade for Bergdahl.

Bergdahl’s attorney, Eugene Fidell, did not respond to a request for comment from The Associated Press. He told MSNBC that an upcoming hearing would result in much more information about the sergeant’s situation.

“I think at that hearing people will learn many things that they have not yet been privy to, about Sgt. Bergdahl’s conduct, his motivation, his intentions, as well as the details of his captivity at the hands of the Taliban for nearly five years,” Fidell said.

The White House had no comment on the charges against the 28-year-old from Idaho, announced as a result of an “impartial review” at Fort Bragg, North Carolina. The announcement upended speculation that the military might go easy on Bergdahl given his five years in Taliban captivity.

State Department spokeswoman Jen Psaki, speaking Wednesday on Fox News, defended the swap.

“I think the president’s been clear that it’s in our national security interest to close Gitmo but this was about bringing home an individual who served his country,” Psaki said.

Bergdahl wandered away from his post on June 30, 2009, after expressing opposition to the war in general and misgivings about his own role in it. The Army sent several search-and-rescue teams after him. His former comrades said Bergdahl should be held responsible for several deaths that occurred during those rescue missions.

The Taliban released Bergdahl last May, five years after being captured and held by members of the affiliated Haqqani network that operates in Afghanistan and Pakistan. In exchange for his release, Obama swapped five men held at Guantanamo.

The so-called Taliban 5 were sent to Qatar, where they are being monitored by the government and U.S. intelligence agencies. But the terms of the swap only extend for one year, meaning they could be free to return to Afghanistan or elsewhere later this spring.

It’s unclear whether the U.S. will ask the Qataris to extend the agreement to keep the Taliban 5 in Doha, nor is it certain the government in Qatar would agree to such a request. But Qatari officials have indicated they believe a request from the U.S. is possible.

Sen. Lindsey Graham, R-S.C., has said that he received information that one of the five has been in touch with members of the Haqqani network, sparking fears that the freed detainees could seek to rejoin the fight against the U.S.

The White House was well aware of speculation that Bergdahl had deserted his unit and potentially put fellow service members at risk in missions to find him. Still, the president heralded his release in a jubilant Rose Garden ceremony, with Bergdhal’s parents by his side. National security adviser Susan Rice also credited Bergdahl for serving his country “with honor and distinction,” sparking criticism that the administration was trying to cover up the truth about the sergeant’s capture.

The likely contenders for the 2016 presidential race were largely silent on the charges. One of the few that did weigh in was Wisconsin’s Republican Gov. Scott Walker, who blamed the swap on Obama’s lack of experience.

“The unfortunate reality is this is what happens when you put someone in office who’s never led before,” Walker said on Hugh Hewitt’s radio show. “This president, unfortunately, having been a senator, a state senator, a community organizer, never led anything, and so he’s never been in a position to make those sorts of judgments.”

Bergdahl’s case now goes to an Article 32 hearing, a procedure that is similar to a grand jury. No date has been set for the hearing, which will be held at Fort Sam Houston, Texas.

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Associated Press writers Greg Schreier in Atlanta and Donna Cassata and Charles Babington in Washington contributed to this report.

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Follow Julie Pace at http://twitter.com/jpaceDC

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Barbara Lee

Congresswoman Barbara Lee Issues Statement on Deaths of Humanitarian Aid Volunteers in Gaza 

On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12). “This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

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Congresswoman Barbara Lee
Congresswoman Barbara Lee

By California Black Media

On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12).

“This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

The same day, it was confirmed by the organization that the humanitarian aid volunteers were killed in a strike carried out by Israel Defense Forces (IDF). Prior to the incident, members of the team had been travelling in two armored vehicles marked with the WCF logo and they had been coordinating their movements with the IDF. The group had successfully delivered 10 tons of humanitarian food in a deconflicted zone when its convoy was struck.

“This is not only an attack against WCK. This is an attack on humanitarian organizations showing up in the direst situations where food is being used as a weapon of war. This is unforgivable,” said Erin Gore, chief executive officer of World Central Kitchen.

The seven victims included a U.S. citizen as well as others from Australia, Poland, the United Kingdom, Canada, and Palestine.

Lee has been a vocal advocate for a ceasefire in Gaza and has supported actions by President Joe Biden to airdrop humanitarian aid in the area.

“Far too many civilians have lost their lives as a result of Benjamin Netanyahu’s reprehensible military offensive. The U.S. must join with our allies and demand an immediate, permanent ceasefire – it’s long overdue,” Lee said.

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Community

Financial Assistance Bill for Descendants of Enslaved Persons to Help Them Purchase, Own, or Maintain a Home

California Legislative Black Caucus (CLBC) vice chair Sen. Steven Bradford (D-Inglewood) introduced new legislation related to reparations to the Senate Committee on Housing on April 2 in Sacramento. Senate Bill (SB) 1007, “establishes the Homeowner’s Assistance for Descendants of Enslaved Persons Program to make financial aid or assistance available to descendants for the purposes of purchasing, owning, or maintaining a home,” the legislation states.

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Sen. Steven Bradford (D-Inglewood). Photo Courtesy of L.A. Sentinel
Sen. Steven Bradford (D-Inglewood). Photo Courtesy of L.A. Sentinel

California Legislative Black Caucus (CLBC) vice chair Sen. Steven Bradford (D-Inglewood) introduced new legislation related to reparations to the Senate Committee on Housing on April 2 in Sacramento.

Senate Bill (SB) 1007, “establishes the Homeowner’s Assistance for Descendants of Enslaved Persons Program to make financial aid or assistance available to descendants for the purposes of purchasing, owning, or maintaining a home,” the legislation states.

The Senate Housing Committee advanced the bill with an 8-1 vote. It will be re-referred to the Appropriations Committee for consideration.

Sen. Kelly Seyarto (R-Murrieta) was the only member who voted against the bill.

“SB 1007 is about starting a long process of paying back a debt that is not only owed, but that was also promised, and is 160 years overdue, to African Americans,” Bradford told the committee chaired by Sen. Nancy Skinner (D-Berkeley). “It is the first step in closing the wealth and equity gap created by centuries of slavery and racial discrimination policies.”

The bill aligns with one of the 115 recommendations listed in a two-year study conducted by the California reparations task force, of which Bradford was one of nine members.

Bradford said the report reveals that, in the state of California, a typical Black-owned home is 22% less valuable than a White-owned home.

Various advocacy groups from around the state attended the hearing held at the State Capitol Annex Swing Space. The California Housing Partnership, Bay Area Regional Health and Inequities Initiative, Coalition for A Just and Equitable California, Disability Rights of California, the American Civil Liberties Union of California, and California Community Builders all voiced their support of the bill.

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Community

AG Bonta Says Oakland School Leaders Should Comply with State Laws to Avoid ‘Disparate Harm’ When Closing or Merging Schools

California Attorney General Rob Bonta sent a letter this week to the Oakland Unified School District (OUSD) Board of Education saying the district has a duty to comply with state education and civil rights laws to protect students and families from “disparate harm,” such as segregation and discrimination, if the district goes ahead with school closures, mergers or consolidations in 2025-2026.

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Teachers and students protest the closing of schools in Oakland. Photo courtesy of PBS.
Teachers and students protest the closing of schools in Oakland. Photo courtesy of PBS.

AG Bonta said DOJ investigation of 2022 closure decisions would have negatively impacted Black and low-income families.

By Post Staff

California Attorney General Rob Bonta sent a letter this week to the Oakland Unified School District (OUSD) Board of Education saying the district has a duty to comply with state education and civil rights laws to protect students and families from “disparate harm,” such as segregation and discrimination, if the district goes ahead with school closures, mergers or consolidations in 2025-2026.

The letter and an accompanying media release announced the findings of the California Department of Justice’s (DOJ) investigation into the OUSD Board’s Feb. 8, 2022, decision to close Parker Elementary, Brookfield Elementary, Carl B. Munck Elementary, Fred T. Korematsu Discovery Academy, Grass Valley Elementary, Horace Mann Elementary, and Community Day School and eliminate grades 6-8 of Hillcrest Elementary and La Escuelita Elementary.

“All school districts and their leadership have a legal obligation to protect vulnerable children and their communities from disparate harm when making school closure decisions,” said Attorney General Bonta.

“The bottom line is that discrimination in any form will not be tolerated,” he said. “I am committed to working with OUSD’s leadership to achieve successful outcomes for students.

“My office will continue to monitor OUSD’s processes and decision-making as it moves forward with the required community engagement, equity impact analysis, and planning to implement any future closures, mergers, or consolidations” to ensure compliance with California’s Constitution, AB 1912, and anti-discrimination laws.

By press time, the school district did not respond to a request for comment from OUSD.

The DOJ’s findings showed that the February 2022 decision, later partially rescinded, would have disproportionately impacted Black and low-income elementary students, as well as high-need students with disabilities, according to the media release.

The Attorney General outlined concerns about criteria OUSD has announced that it may rely on to determine future closures, mergers, and consolidations and provided recommendations to ensure OUSD does not violate state law, including prohibitions against closure decisions that reinforce school segregation or disproportionately impact any student group as required by the State Constitution, AB 1912, and anti-discrimination laws.

According to AB 1912, passed in September 2022, financially distressed school districts contemplating school closures, mergers, or consolidations must engage the community before closing schools; conduct an equity impact assessment; and provide the public with the set of criteria the district plans to utilize to make decisions.

In the letter, DOJ identified a “problematic” approach to planning for closing schools in 2025-2026 and “strongly recommends” steps OUSD should take going forward.

  • “Take affirmative steps to ensure that its enrollment and attendance boundary and school closure decisions alleviate school segregation and do not create disproportionate transportation burdens for protected subgroups.”
  • Don’t solely utilize criteria such as school facilities’ conditions, school operating costs, and school capacity without also including an assessment of past and present inequities in resources “due to educational segregation or other causes.”
  • Some of OUSD’s proposed guidelines “may improperly penalize schools serving students with disabilities and students who have high needs.”
  • The district’s decisions should also include “environmental factors, student demographics and feeder attendance patterns, transportation needs, and special programs.”
  • Avoid overreliance on test scores and other quantitative data without also looking at “how each school is serving the needs of its specific student body, especially as it relates to historically marginalized communities.”
  • “Engage an independent expert to facilitate community input and equity impact.”

The letter also emphasized that DOJ is willing to provide “feedback and consultation at any time during the process to ensure that OUSD’s process and outcomes are legally compliant and serve the best interests of the school community and all of its students.”

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