August, 26 2015, 12:30pm EDT
Professor Salaita Seeks Court Review of University Officials' Destruction of Evidence
Professor Steven Salaita filed a motion late last night in his lawsuit against the University of Illinois at Urbana-Champaign (UIUC) charging UIUC officials with intentionally destroying evidence related to its decision to fire him from a tenured faculty position. He also filed a separate request that the court order the university to preserve all evidence in the case as it should already have been doing, which previewed Salaita's intention to seek sanctions for the university's litigation misconduct.
Chicago
Professor Steven Salaita filed a motion late last night in his lawsuit against the University of Illinois at Urbana-Champaign (UIUC) charging UIUC officials with intentionally destroying evidence related to its decision to fire him from a tenured faculty position. He also filed a separate request that the court order the university to preserve all evidence in the case as it should already have been doing, which previewed Salaita's intention to seek sanctions for the university's litigation misconduct. The motions come in response to documents released by UIUC earlier this month showing that former Chancellor Wise, who resigned when the court rejected the university's attempt to have the case dismissed, and other officials used personal email accounts rather than university email addresses when communicating about the case in an attempt to evade the university's email preservation obligations, and that Wise deliberately destroyed emails that discussed the case.
"The revelation that top administrators at the University of Illinois destroyed evidence is disheartening. The wonderful students and scholars at the university have a right to expect transparency and accountability from the leadership of their great university," said ProfessorSteven Salaita. "I am hopeful that new leadership will restore the university's reputation by rectifying the wrongs stemming from my case."
In September 2014, Chancellor Wise wrote from her personal e-mail account that another university administrator "has warned me and others not to use email since we are now in litigation phase. We are doing virtually nothing over our Illinois email addresses. I am even being careful with this email address and deleting after sending." That admission and instruction to evade document retention obligations and destroy emails is the basis for the current motion and the threat of future sanctions against the university.
"By concealing and destroying communications regarding Professor Salaita's firing, university officials have deprived the public of the full - and true - story of their misconduct," said Center for Constitutional Rights Deputy Legal Director Maria LaHood. "To truly come clean, the university must not only release all relevant records, but rectify all of its wrongs, including reinstating Salaita to his tenured position."
UIUC released these documents on August 7, the day after the court strongly rejected its effort to dismiss the lawsuit and Phyllis Wise announced her resignation as Chancellor. On Monday, Provost Ilesanmi Adesida stepped down. Also on Monday, 41 executive officers and campus leaders from departments and academic units across UIUC urged President Killeen and Acting Chancellor Barbara Wilson to reinstate Professor Salaita.
The lawsuit, brought by the Center for Constitutional Rights and the law firm of Loevy & Loevy on Professor Salaita's behalf, argues that UIUC violated Salaita's rights to free speech and due process and breached its employment contract with him. It seeks Professor Salaita's reinstatement and monetary relief, including compensation for the economic hardship and reputational damage he suffered as a result of the university's actions.
These revelations also come on the heels of an Illinois state court's decision in a Freedom of Information Act lawsuit on June 12 that ordered university officials to turn over emails related to Professor Salaita's firing that they had refused to divulge, as well as a vote by the American Association of University Professors (AAUP) on June 13 to censure the university. The AAUP issued a report in April that concluded UIUC had violated academic freedom and due process.
"We are hopeful that the fallout from these recent revelations ushers in not only a renewed commitment to transparency, but also a renewed commitment to principles of free speech, academic freedom, and shared governance," said Anand Swaminathan, Salaita's attorney from Loevy & Loevy. "The way to affirm such a commitment is not through words, but through action: we call on the new president and acting chancellor to reinstate Dr. Salaita, and thereby right the wrongs of a previous administration, and grant the university community an opportunity to heal and move forward with its reputation restored."
After a rigorous year-long national search and interview process, the American Indian Studies program at UIUC offered Professor Salaita a tenured faculty position in fall 2013, which he promptly accepted. Relying on UIUC's contractual promise, Professor Salaita resigned from his tenured faculty position at Virginia Tech and prepared to move to Champaign. In August 2014, just two weeks before he was due to begin teaching, UIUC Chancellor Phyllis Wise and Vice President Christophe Pierre informed Professor Salaita that the university had terminated his appointment. He was not given an opportunity to object or be heard.
The university's leadership has faced increasing nationwide criticism over Salaita's firing, particularly within the academic community. Sixteen academic departments of the university voted no confidence in the UIUC administration, and prominent academic organizations, including the American Historical Association, the Modern Language Association and the Society of American Law Teachers, have publicly condemned the university's actions. More than 5,000 academics from around the country, including Dr. Cornel West and Angela Davis, have pledged to boycott UIUC, resulting in the cancellation of more than three dozen scheduled talks and conferences at the school. Last September, UIUC students staged a silent walk-out to protest what they said was the university's silencing of Salaita.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. CCR is committed to the creative use of law as a positive force for social change.
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Green Groups Cheer $7 Billion in 'Solar for All' Grants
"Solar for All is exactly the type of investment the country needs to re-imagine our clean energy future," said one campaigner. "It's great to see President Biden jumpstart this landmark program."
Apr 22, 2024
Climate action advocates on Monday celebrated the Biden administration's Earth Day announcement that it is distributing $7 billion in Solar for All grants "to develop long-lasting solar programs that enable low-income and disadvantaged communities to deploy and benefit from distributed residential solar, lowering energy costs for families, creating good-quality jobs in communities that have been left behind, advancing environmental justice, and tackling climate change."
The U.S. Environmental Protection Agency estimates that the awards—which are going to 60 applicants, including states, territories, tribal governments, municipalities, and nonprofits—will fund solar projects that positively impact over 900,000 households nationwide while reducing 30 million metric tons of carbon dioxide equivalent emissions. The grant competition was made possible by the Inflation Reduction Act, which President Joe Biden signed in August 2022.
"The United States can and must lead the world in transforming our energy systems away from fossil fuels," said Sen. Bernie Sanders (I-Vt.), who joined Biden on Monday to announce the solar grants—$62.45 million in funding will go to his state—and the Vermont Climate Corps.
"The Solar for All program—that I successfully championed—will not only combat the existential threat of climate change by making solar energy available to working class families, it will also substantially lower the electric bills of Americans and create thousands of good-paying jobs," noted Sanders. "This is a win for the environment, a win for consumers, and a win for the economy."
The Mandan, Hidatsa, and Arikara Nation and Indigenized Energy will get over $135 million to work on solar projects in tribal communities across five states.
Cody Two Bears, executive director of Indigenized Energy, said that the award "will serve as a catalyst for tribes and energy justice communities like ours who are leading the way in building our own clean energy systems within our lands."
"This is a once-in-a-generation award that will begin to transform how tribes achieve energy sovereignty," Two Bears added. "The shift from extractive energy to regenerative energy systems will be the legacy we leave for our future generations."
Two massive victories today! @POTUS announces the #AmericanClimateCorps, putting young people to work in good jobs combating climate change AND the Solar for All program w/ $7B for solar in disadvantaged communities. \n\nThis is the FDR-level ambition we\u2019ve been calling for! \ud83d\udc4f\ud83c\udf89— (@)
Margie Alt, director of Climate Action Campaign (CAC), a coalition of a dozen national groups, highlighted both the emissions cuts and that in low-income communities across the United States, "families will see savings—approximately $400 per household."
"The president also announced the launch of the ClimateCorps.gov—a new website featuring 2,000 new job listings in climate and conservation," she pointed out. After years of pressure from campaigners, Biden in September announced the American Climate Corps, which was inspired by former President Franklin D. Roosevelt's Civilian Conservation Corps.
"We're thankful to the Biden administration for making these priorities a reality," said Alt. "While Republicans in Congress make every attempt to roll back climate progress, climate champions in Congress and throughout the administration are standing strong in their commitment to America's clean energy future; a future where all Americans have access to clean energy, good-paying jobs in the clean energy industry, and see direct savings from this clean energy boom."
I\u2019ve pushed for a Climate Corps to create jobs while protecting our health, planet, and future\u2014so it\u2019s wonderful to see @POTUS marking Earth Day this year with major investments in both the American Climate Corps and @EPA\u2019s Solar for All program! We need bold action on climate.— (@)
Paula GarcĂa, senior energy analyst and energy justice lead at the Union of Concerned Scientists (UCS), which is part of the CAC coalition, also applauded the awards, saying that "the Solar for All grant program is a key part of the larger suite of clean energy investments advanced by President Biden and Congress that will help the United States combat climate change."
"Directing investments toward low-income and disadvantaged communities is imperative to ensuring a just transition to clean energy," GarcĂa stressed. "If we don't prioritize these populations, we risk exacerbating historical injustices and piling additional burdens on those who have been disproportionately affected by environmental harm."
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.@POTUS just announced $7b to fund residential solar projects. It will: \n\u26a1\ufe0fPower nearly a million low-income households\n\ud83d\udcb5 Save each household in the program $400 a year\n\ud83d\udc77\ud83c\udffe Create 200,000 jobs\n\nThis program is a key step towards the #GreenNewDeal.\n\nhttps://t.co/9LxOnz13FI— (@)
Jean Su, who directs the Center for Biological Diversity's Energy Justice program, similarly said that "Solar for All is exactly the type of investment the country needs to re-imagine our clean energy future."
"Broad community-based solar is our brightest hope for protecting people and our climate from the scourge of fossil fuels," she added. "These targeted investments mean low-income families get clean energy that is affordable, resilient, and protects our ecosystems. It's great to see President Biden jumpstart this landmark program. I look forward to its expansion, along with steps to curb fossil fuels with a climate emergency declaration."
Her group and the youth-led Sunrise Movement are among the organizations that have long demanded a climate emergency declaration from Biden, who is reportedly reconsidering it in the wake of the hottest year in human history and as he prepares for a November rematch against former Republican President Donald Trump—whose election could mean a surge in planet-heating pollution, according to an analysis published last month.
Emphasizing the difference between the Democratic Party and the GOP, climate reporter David Roberts called the solar grants "amazing stuff that would not happen if Republicans were in charge" and said, "Thanks Biden!"
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West Bank Pogrom 'Underscores Urgent Need to Dismantle Apartheid': Amnesty
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Amnesty International said Monday that the ongoing surge in deadly violence by Israeli settlers and soldiers in the West Bank "underscores [the] urgent need to dismantle apartheid" in the illegally occupied Palestinian territories.
For more than a week now, Israeli settlers have been attacking West Bank Palestinians in towns and villages including Al-Mughayir, Duma, Deir Dibwan, Beitin, and Aqraba, killing at least four people including a child; wounding dozens of others; and destroying homes, vehicles, and other property.
Israel Defense Forces (IDF) troops have either stood and watched or participated in the settler attacks, which the Israeli human rights group B'Tselem and others are calling a "pogrom."
Amnesty said the "alarming spike in violence by Israeli settlers against Palestinians across the occupied West Bank in recent days highlights the urgent need to dismantle illegal settlements, end Israel's occupation of the occupied Palestinian territories, and its longstanding system of apartheid.
"The appalling spike in settler violence against Palestinians in recent days is part of a decadeslong state-backed campaign to dispossess, displace, and oppress Palestinians in the occupied West Bank, including East Jerusalem, under Israel's system of apartheid," Amnesty Middle East and North Africa regional director Heba Morayef said. "Israeli forces have a track record of enabling settler violence and it is outrageous that once again Israeli forces stood by and in some cases took part in these brutal attacks."
"Establishing Israeli settlements in the occupied Palestinian territories flagrantly violates international law and constitutes a war crime," Morayef added. "Violence is integral to the establishment and expansion of these settlements and to sustaining apartheid. It's time for the world to recognize this and pressure Israeli authorities to abide by international law by immediately halting settlement expansion and removing all existing settlements."
The latest wave of settler violence was sparked by the disappearance of Binyamin Achimair, a 14-year-old Israeli from the illegal settler outpost of Mal'achei Hashalom who went missing on April 12 while herding sheep near the village of Al-Mughayir east of Ramallah. As Israelis searched for Achimair, settlers began attacking Al-Mughayir's residents and property.
Achimair's body was found the following day. Israeli officials said he was killed in a "terrorist attack." However, no Palestinian resistance group has claimed responsibility for the incident. A 21-year-old Palestinian man was arrested Monday in alleged connection with the boy's death.
Late Friday, IDF troops and armored vehicles surrounded the Nur Shams refugee camp east of Tulkarem and besieged the community of more than 6,000 Palestinians during a 50-hour raid in which residents were shot, homes were destroyed, and scores of people were arrested.
By Saturday, IDF soldiers had killed 14 people in the camp, including at least one child. More than 40 other Palestinians were wounded.
"I saw one of my relatives, Jihad Zandiq, put his hands in the air to the soldiers but then they shot him anyway from point-blank range and killed him. Half of his skull exploded," eyewitness Mahmoud Qazmouz toldMiddle East Eye on Sunday.
Palestinian officials said Israeli troops attacked first responders attempting to rescue victims, including a volunteer paramedic who was shot in the leg.
Meanwhile, a funeral was held Sunday for Mohammed Awad Allah Musa, a 50-year-old Palestinian Red Crescent Society volunteer paramedic who was shot dead Saturday by Israeli settler-colonists while trying to reach Palestinians wounded by rampaging settlers in the town of Sa'wiyah south of Nablus.
The Nur Shams raid and ongoing settler attacks came as the U.S. State Department on Friday announced new sanctions targeting far-right Israeli settler leaders including Ben Zion Gopstein, the founder and head of the Jewish supremacist group Lehava.
The Biden administration—which backs Israel with billions of dollars in military aid and diplomatic support—is also reportedly considering imposing sanctions on the IDF's Netzah Yehuda battalion over war crimes committed in the West Bank before the current Israeli war on Gaza, including the January 2022 death of Omar Assad, a 78-year-old Palestinian American man.
Responding to the prospect of the first-ever U.S. sanctions on his country's military, far-right Israeli Prime Minister Benjamin Netanyahu said Sunday that "I will fight it with all my strength."
According to the Palestinian Health Ministry, at least 485 Palestinians have been killed by Israeli soldiers and settlers in the West Bank since October 7, when Gaza-based militants attacked Israel. More than 1,100 people were killed in the attack—some by responding Israeli forces—and over 240 Israelis and others were kidnapped by Hamas and other militants.
Israel's 199-day retaliatory assault on Gaza—which critics including Israelis have called genocidal—has killed at least 34,151 Palestinians, mostly women and children, while wounding over 77,000 others, according to Palestinian and international officials. At least 11,000 Gazans are missing, presumed dead and buried beneath the rubble of the hundreds of thousands of homes and other buildings that have been destroyed or damaged by Israeli bombardment. Around 90% of Gaza's 2.3 million people have been forcibly displaced, and Israel's continued obstruction of humanitarian aid delivery has fueled a burgeoning famine in which dozens of people, mostly children, have perished.
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'Damning' Independent Probe Finds Israel Has Yet to Provide Evidence Against UNRWA
The U.S. House on Saturday passed a bill including a prohibition on funding the agency, due to Israel's unsubstantiated claims that UNRWA employees have terrorism links.
Apr 22, 2024
Countries that have continued to suspend their funding of the United Nations' top relief agency in the occupied Palestinian territories were left with "no room" to justify their decision, said critics on Monday as an independent investigation into Israel's allegations against the organization revealed Israeli officials have ignored requests to provide evidence to support their claims.
Catherine Colonna, the former foreign minister of France, released her findings in a probe regarding Israel's claims that a significant number of employees of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) were members of terrorist groups.
Nearly three months after U.N. Secretary-General AntĂłnio Guterres commissioned the report, Colonna said Israel "has yet to provide supporting evidence" of its allegation that "a significant number of UNRWA employees are members of terrorist organizations."
Colonna's findings were bolstered by an investigation led by the Raoul Wallenberg Institute of Human Rights and Humanitarian Law in Sweden, the Chr. Michelsen Institute in Norway, and the Danish Institute for Human Rights, which separately sought evidence from Israel.
"Israeli authorities have to date not provided any supporting evidence nor responded to letters from UNRWA in March, and again in April, requesting the names and supporting evidence that would enable UNRWA to open an investigation," said the Nordic groups.
The reports come nearly three months after Israel made its initial allegation that 12 UNRWA employees took part in the October 7 Hamas-led attack on southern Israel, a claim that prompted the United States—the largest international funder of the agency, which subsists mainly on donations—to swiftly halt its funding. Israel also claimed that as many as 12% of UNRWA's employees were members of terrorist organizations.
As Common Dreamsreported at the time, Israel's announcement came hours after the International Court of Justice (ICJ) issued a preliminary ruling that found Israel was "plausibly" committing genocide in Gaza by relentlessly striking the enclave and blocking almost all humanitarian aid to its 2.3 million people.
The Biden administration has dismissed the ICJ's finding.
The United States' suspension of UNRWA funding set off a domino effect, leading at least 15 countries to freeze their contributions, even though the U.N. had reported a month earlier that Israel's air, land, and sea blockade on Gaza was pushing hundreds of thousands of civilians into starvation.
Countries including Sweden, Japan, France, and Australia have reinstated their funding of the agency in recent weeks, citing concerns about the intensifying humanitarian crisis in Gaza—where more than two dozen children have died of starvation so far—and Israel's lack of evidence.
Lawmakers in the U.S., which provides nearly $344 million to UNRWA annually, included a prohibition on funding for the agency in its foreign aid bill that passed in the House of Representatives on Saturday, while the United Kingdom has said it would make a decision about resuming funding after the Colonna report was released.
"The report leaves no room for Britain to justify the continued suspension of funds," said the independent news group Declassified U.K.
Colonna's report, which was accepted by Guterres Monday, noted that UNRWA is more rigorous than other U.N. agencies in its internal oversight of its staff and their neutrality.
"The review revealed that UNRWA has established a significant number of mechanisms and procedures to ensure compliance with the humanitarian principles, with emphasis on the principle of neutrality, and that it possesses a more developed approach to neutrality than other similar U.N. or NGO entities," reads the report.
Guterres called on donor countries to "fully cooperate in the implementation of the recommendations" of the report.
"Moving forward, the secretary-general appeals to all stakeholders to actively support UNRWA, as it is a lifeline for Palestine refugees in the region," said the U.N. chief's office in a statement.
Despite the U.K.'s claim that it would review Colonna's report to determine whether to resume funding, The Guardianreported the government was "unlikely" to make a prompt decision based on the findings, as Conservative lawmakers have urged Foreign Secretary David Cameron against doing so.
The continued suspension of donations, said U.K.-based researcher and activist Gary Spedding, "is unjustifiable and at total odds with the rest of our allies (except the USA) who resumed funding."
"Our government has so much to answer for regarding the decision to pause funding without any evidence whatsoever, then sustain that decision even while other allies resumed and Palestinians in Gaza starved and died from sickness and disease, and even now we still haven't resumed," said Spedding. "We must have accountability and answers. Why did the government pause funding to begin with despite no evidence being presented by Israel? Why have we joined in on damaging UNRWA as part of Israel's plan to dismantle it? Why are Palestinian lives and rights worth so little?"
Colonna's report, said Quincy Institute for Responsible Statecraft executive vice president Trita Parsi, is "not only damning for Israel."
"It is also damning for all the Western countries," he said, "that cut funding for UNRWA on mere (now debunked) accusations by Israel."
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