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Justice Dept. Unveils New Guidelines for US News Leak Probes

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In this Dec. 1, 2014 file photo, Attorney General Eric Holder speaks at Ebenezer Baptist Church in Atlanta.  The Justice Department on Wednesday announced revised guidelines for obtaining records from the news media during leak investigations, removing language that news organizations said was ambiguous and requiring additional consultation before a journalist can be subpoenaed. (AP Photo/David Goldman, File)

In this Dec. 1, 2014 file photo, Attorney General Eric Holder speaks at Ebenezer Baptist Church in Atlanta. The Justice Department on Wednesday announced revised guidelines for obtaining records from the news media during leak investigations, removing language that news organizations said was ambiguous and requiring additional consultation before a journalist can be subpoenaed. (AP Photo/David Goldman, File)

ERIC TUCKER, Associated Press

WASHINGTON (AP) — The Justice Department on Wednesday announced revised guidelines for obtaining records from the news media during criminal leak investigations, removing language that news organizations said was ambiguous and requiring additional levels of review before a journalist can be subpoenaed.

The updated policy revises protocols announced last year amid outrage among news organizations over Obama administration tactics.

The new guidelines come just days after the Justice Department formally abandoned a years-long effort to compel a New York Times reporter to testify in the trial of a former CIA officer accused of disclosing classified information. The actions, taken together, are signs of a more modulated approach for an administration long criticized for its aggressive handling of leak cases.

“These revised guidelines strike an appropriate balance between law enforcement’s need to protect the American people and the news media’s role in ensuring the free flow of information,” Attorney General Eric Holder said Wednesday.

The Justice Department began reviewing its own longstanding guidelines in 2013 and last February issued new rules designed to give news organizations an opportunity to challenge subpoenas or search warrants in federal court. But news organizations expressed concern that the protections applied only to journalists involved in “ordinary newsgathering activities,” language they said was vague and could be exploited by zealous prosecutors.

That provision has been deleted in the new guidelines, which also require the attorney general in most instances to authorize subpoenas issued for the media and for the Justice Department’s criminal division to also be consulted.

“We are very pleased the Justice Department took our concerns seriously and implemented changes that will strengthen the protection of journalists for years to come, with the public being the ultimate beneficiary,” said AP President and CEO Gary Pruitt.

AP General Counsel Karen Kaiser praised the changes for eliminating “potential ambiguity of what constitutes newsgathering and help provide consistency in how the guidelines are interpreted across investigations and administrations.”

The guidelines could “play an even more important role” now in protecting source confidentiality since the Supreme Court last year passed up a chance to provide clarity on the issue and Congress has yet to enact a federal reporter shield law, said Bruce Brown, executive director of the Reporters Committee for Freedom of the Press.

“To have a strong policy like this that presumes so much in favor of reporter/source confidentiality is a very significant turn of events,” he said.

The Obama administration has been criticized for bringing more leak cases than all predecessors combined, with media organizations particularly critical of maneuvers they said were needlessly aggressive and intrusive into newsgathering operations.

Under Holder, the department secretly subpoenaed telephone records from Associated Press reporters and editors during an investigation into a 2012 story about a foiled terror plot, and obtained a search warrant for the emails of a Fox News journalist as part of another probe.

But in the last year, the twilight of Holder’s six-year tenure as attorney general, the department has shown signs of softening its stance.

Holder, for one, has publicly expressed regret for the actions in the Fox News case and has repeatedly said no journalist would go to jail under his watch for doing his or her job.

Last month, the Justice Department said it would no longer try to force New York Times reporter James Risen to reveal his sources in the trial of ex-CIA officer Jeffrey Sterling, which opened this week in Virginia. On Monday, prosecutors formally announced that they were abandoning efforts to seek any testimony from him after they said Risen made it clear that he “will not answer questions that go to the heart of the case.”

Lucy Dalglish, dean of the Philip Merrill College of Journalism at the University of Maryland, said any shift in Justice Department practice should not be mistaken as a newfound sign of benevolence for the news media. Instead, federal prosecutors are aware that a subpoena to a journalist inevitably causes prolonged court fights and a public-relations bruising, and so have looked for other ways to build criminal cases against leakers.

“It’s time-consuming, it’s expensive, it takes your attention away from what you’re trying to accomplish,” she said of going after journalists “And I believe that, in recent years, they have become more confident that they can handle these cases without cooperation from journalists.”

But, she added, “If they didn’t think they had the tools to pull off these investigations, they wouldn’t be giving the media a break.”

___

Follow Eric Tucker on Twitter at http://www.twitter.com/etuckerAP

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

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Business

Event Preview: ‘Fashion v. Fascism’ – A Runway Revolution Is Coming to the Bay Area

“Fashion v. Fascism” (FVF) is an upcoming visually immersive event combining fashion, music, and political theater to expose the rise of fascism in the U.S. and advocate for resistance. Described as a live “runway revolution,” FVF premieres October 3 at The Rotunda in downtown Oakland. The event will feature five runway collections spotlighting elements of contemporary fascist politics, accompanied by political theater and live music, culminating in a call to action. Organizers state that culture is a potent defense when democracy is under siege. Read more to learn about this unique event.

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Designer Rickie Lee. Courtesy image.

“Fashion vs. Fascism” (FVF) is a visually immersive evening of fashion, music and political theater exposing the rise of fascism in the U.S. and the need to resist. Democracy is under siege, and culture is one of our most potent defenses, organizers say.

Called a live “runway revolution,” FvF premieres Oct. 3 at The Rotunda, 300 Frank Ogawa Plaza in downtown Oakland.

A play that is part fashion show, part protest, part performance art, FvF stages five runway collections spotlighting the pillars of contemporary fascist politics and the urgent need to resist: the myth of a “glorious past,” the manufactured emergencies used to justify surveillance and crackdowns, and the oligarchs and grifters profiting from it all. Runway fashion shares the stage with political theater and live music, with a closing call to action.

“We need lawsuits, ballots and mass protests, but none of it lands if we’re not also fighting for people’s imagination,” says Linda Burnham, co-producer of the show. “People are exhausted and scared. FvF will expose the absurdities of fascist mythology and ideology in ways a news headline cannot and spark new ideas about how to resist.”

“Fascism doesn’t win by policy alone. It wins by telling a story. A myth about a ‘Golden Age.’ A permanent emergency that makes cruelty seem necessary. That’s not an accident, it’s a strategy, and it works on the same terrain as culture: image, spectacle, emotion,” says Aya De León, the show’s playwright.

“Every piece on this runway translates what is happening under fascism into a feeling,” explains Erica Furlong, the FVF creative director. “One designer’s trench coat is covered in pockets stamped ‘TRUTH,’ ‘MEMORY,’ ‘HOPE,’ ‘VOTE,’ ‘FUTURE,’ because that’s literally what gets seized first, pocket by pocket, under fascist decline. Fashion can hold grief and hope in the same silhouette, and that tension is exactly what this moment needs.”

At its best, fashion is about creativity, diversity, innovation, experimentation and the free exchange of ideas. Fascism, by contrast, demands conformity and control, while suppressing dissent.

FVF was created, organizers say, because democracy should always be in style.

Featured designers include Erica Varize, Rickie Lee, Tianna Charity, Julie Wong, and Maria Flores. The evening features a script by lead playwright Aya De León, musical performances by Mindeullae Project and DJ Emancipation, and other special guests.

FvF is designed to travel. Following the Oakland premiere, FvF will extend its reach through a documentary short, a curriculum on contemporary fascism in the U.S., and a full replication playbook — design templates, script, and curriculum — so organizers in other cities can stage their own version of the show.

Get more details at www.fashionvfascism.org.

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Business

Port of Oakland, Army Corps Sign Historic Harbor Design Agreement

OAKLAND POST — Oakland Port Commission President Stephanie Dominguez Walton called the agreement a historic milestone that will support thousands of jobs. “Today marks a historic occasion for the Port as we sign the inaugural Design Agreement for the Turning Basin Widening Project, which will keep Oakland competitive,” said Walton.

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The U.S. Army Corps of Engineers (USACE) San Francisco District and the Port of Oakland commemorated the signing of the inaugural Design Agreement for the Oakland Harbor Turning Basins Widening Project during a ceremony aboard the USS Potomac at Jack London Square. (L-R) Major General Jason Kelly, USACE Deputy Commanding General for Civil and Emergency Operations, Oakland City Councilmember Carroll Fife D-3, Oakland Mayor Barbara Lee, Oakland Port Commission President Stephanie Dominguez Walton, Alameda Mayor Marilyn Ezzy Ashcraft, Port of Oakland Executive Director Kristi McKenney, U.S. Representative Congresswoman Lateefah Simon D-12, Lt. Col. Virginia Brickner, and commander of the USACE San Francisco District. Photo by Carla Thomas.

A $642 million project designed to accommodate larger cargo ships and strengthen the Port of Oakland’s position as a major Pacific trade gateway moved a significant step closer to construction on Aug. 27.

The U.S. Army Corps of Engineers (USACE) San Francisco District and the Port of Oakland commemorated the signing of the inaugural Design Agreement for the Oakland Harbor Turning Basins Widening Project during a ceremony aboard the USS Potomac, the presidential yacht once used by President Franklin D. Roosevelt.

The project will widen the Port’s Inner and Outer Harbor turning basins, allowing today’s increasingly larger and longer vessels more space to safely maneuver and turn around. The current basins are narrow, creating delays and operational inefficiencies.

Oakland Port Commission President Stephanie Dominguez Walton called the agreement a historic milestone that will support thousands of jobs.

“Today marks a historic occasion for the Port as we sign the inaugural Design Agreement for the Turning Basin Widening Project, which will keep Oakland competitive,” said Walton.

The agreement advances the project into its preconstruction engineering and design phase following years of planning and collaboration.

Lt. Col. Virginia Brickner, commander of the USACE San Francisco District, said the signing represented tangible progress toward construction.

“We are moving forward. We are showing progress,” Brickner said.

Major General Jason Kelly, USACE Deputy Commanding General for Civil and Emergency Operations, said dredging is critical for maritime dominance, supply chains, and economic competitiveness.

“Dredging sustains our national economic infrastructure,” he said. “The future demands more, the taxpayer deserves more, and together we’re going to deliver.”

For U.S. Representative Congresswoman Lateefah Simon (D-CA-12), the Port project will support jobs beyond its completion. “This will impact workers and businesses, and every shipping container represents multiple jobs.”

Oakland Mayor Barbara Lee described Oakland as a gateway to international markets and spoke on earlier efforts to deepen Oakland’s shipping channel to 50 feet. While serving in the California Legislature, Lee helped bring together labor, business, environmental advocates and Port officials to resolve disputes surrounding dredging and environmental protections.

“We want the Port to remain competitive economically,” Lee said, excited about both protecting the environment and generating sustainable jobs in the region. “We want to make sure that we create good-paying union jobs, and that the Port continues to not just survive, but thrive.”

Port of Oakland Executive Director Kristi McKenney said economic growth is dependent on investments in the Oakland Harbor’s infrastructure.

“This investment and staying competitive will fuel our economy for years to come,” said McKenney.

The Port of Oakland, with its partners, supports more than 98,000 regional jobs and $174 billion in annual economic activity. The Port oversees the Oakland Seaport, the Oakland San Francisco Bay Airport (OAK), and nearly 20 miles of waterfront, including Jack London Square.

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Community

Democratic Clubs Interview Candidates for Oakland School Board

OAKLAND POST — For the first time, the interviews were jointly sponsored by the John George Democratic Club, Wellstone Democratic Renewal Club, Oakland East Bay Democratic Club, Black Women Organized for Political Action (BWOPA), Niagara Democratic Club, Block by Block Organizing Network and Oakland African American Chamber of Commerce.

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(L-R) Sylvia Williams, Mike Hutchinson, Kathryn Camp

Local Democratic clubs and community organizations interviewed candidates running for Oakland school board in the November elections, including incumbents Jennifer Brouhard in District 2, Mike Hutchinson in District 4 and Valarie Bachelor in District 6.

For the first time, the interviews were jointly sponsored by the John George Democratic Club, Wellstone Democratic Renewal Club, Oakland East Bay Democratic Club, Black Women Organized for Political Action (BWOPA), Niagara Democratic Club, Block by Block Organizing Network and Oakland African American Chamber of Commerce.

The Democratic clubs interviewed only registered Democrats.

John George and Wellstone endorsed Brouhard and Bachelor. Neither endorsed Hutchinson.

In District 4, Wellstone ranked Sylvia Pfeiffer Williams first and Kathryn Camp second. John George ranked Camp first and Williams second.

Hutchinson, an Oakland native and Oakland public schools graduate, highlighted his record.

“I was in board leadership and chaired the Budget and Finance Committee,” he said. “We passed balanced budgets and paid off the state loan early, which allowed us to finally leave state receivership after 22 years.”

Hutchinson said the district faces a financial crisis requiring changes in board leadership and district policies.

“We need a different majority so we can get back on track, end school closures, and manage our resources better,” he said.

Williams taught adult education in Oakland for 18 years.

Williams said her philosophy “comes from the disability justice world, to center the needs of the most vulnerable. When we center the needs of the most vulnerable, we create environments, systems, and learning experiences in which everyone can thrive.”

Williams framed potential school closures as an equity issue.

“Are we thinking about closing schools up in the hills?” she asked. “Or are we thinking about closing schools where communities are in crisis right now?”

Camp, a Bay Area native and Oakland resident of 25 years, has a son in second grade.

“Our kids are only getting one shot at a great education, and I’m running to bring pragmatic, student-centered leadership that restores trust, builds responsibility, and delivers results for every child,” she said.

On her website, Camp pledged accountability and transparency. “As a proud OUSD parent, I know our schools need more than promises – they need fiscal responsibility, equity, and meaningful action guided by long-term strategy,” she said.

“That means protecting classrooms, supporting teachers, using resources wisely, and making decisions that reflect clear priorities and real accountability,” said Camp. “It also means bringing people together and providing the kind of steady leadership that can navigate complex systems, ask hard questions, and stay grounded in what matters most: student outcomes, thriving schools, and a district that works for the communities it serves.”

Wellstone’s Education Committee said it opposed Hutchinson because he frequently challenged the board majority and superintendent.

“He also claims that the teachers’ contract is illegal that a grand jury should be called. He is not endorsed by the teachers’ union; he has been disruptive and non-collaborative at meetings,” and he has been absent 26% of the time, the committee said.

“He claims that the teachers’ contract is illegal and that a grand jury should be called,” the committee said. “He takes individual credit for accomplishments, including paying the state loan, when in fact these changes came from the work of the entire board, or were the result of following through on policy.”

Next week: District 6 school board candidates.

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