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The movement can seize the moral high ground and win support for change.

Throwing the book at people is nothing new, but in our post-9/11 world the screws are tightening. Take San Francisco, whose District Attorney is Terence "Kayo" Hallinan, a progressive fellow. Indeed, in his 2000 re-election bid Hallinan survived years of abuse in the San Francisco Chronicle for supposedly being altogether too slack a prosecutor, with poor conviction rates and kindred offenses betokening softness on crime.

Yet this is the same Hallinan who's hit two gay AIDS activists with an escalating barrage of charges, currently amounting to forty-one alleged felonies and misdemeanors, all adding up to what he has stigmatized in the local press as "terrorism." That's a trigger word these days, as Sarah Jane Olson, a k a Kathleen Soliah, recently discovered when a judge put her away for twenty years to life for actions back in the 1970s.

Held in San Francisco County Jail since last November 28 are Michael Petrelis and David Pasquarelli. Neither man has been able to make bail, which Hallinan successfully requested to be set at $500,000 for Petrelis and $600,000 for Pasquarelli.

Why this astonishing bail? What it boils down to is that the two accused are dissidents notorious for raising all kinds of inconvenient, sometimes obscene hell about AIDS issues. They've long been detested by San Francisco's AIDS establishment, which Petrelis in particular has savaged as being disfigured by overpaid executives, ineffective HIV-prevention campaigns and all-round complacency and sloth.

They've taken kooky positions. Pasquarelli, for example, believes that HIV doesn't cause AIDS. Petrelis hasn't scrupled to form alliances with right-wingers in Congress when it suits his tactical book. Being attacked by them can be an unpleasant experience. Who wants to get phoned in the middle of the night and be asked whether your wife has got your syphilitic dick in her mouth?

The two were thrown in jail because of an escalating campaign they launched late last year amid calls for an expansion of quarantining laws across the country, prompted by fears of bioterrorism. Petrelis and Pasquarelli took after an SF public health official, Jeffrey Klausner, for seeming to endorse quarantining of people with AIDS. They also assailed the media, notably the San Francisco Chronicle, for relaying what the two claimed were inflated statistics about increases in the rates of syphilis and HIV in San Francisco. The higher the stats, the more dollars flow to various AIDS bureaucracies. The Chronicle claimed tremulously that not only had its reporters been showered with filthy nocturnal calls to their homes but that there had been a bomb threat against the paper.

On the basis of what has surfaced so far, the charges and bail are way out of kilter with the facts of the case. Their severity defies logical explanation, unless we acknowledge the loathing Petrelis and Pasquarelli inspire in San Francisco's respectable element and among some well-known organizers.

Take Kate Sorensen, an AIDS activist who herself was held on $1 million bail for leading demonstrations outside the 2000 Republican convention in Philadelphia. The DA there took her to trial on three felonies, though she was only convicted of a misdemeanor. Such experiences have not evoked any solidarity with the San Francisco pair. Wrote Sorensen recently, "I will fight for our right to demonstrate. I will fight for our right to free speech. I will fight this police state, but I will not fight for you."

This self-righteous stance was elicited by an open letter of concern addressing the prosecution of Petrelis and Pasquarelli. Organized by the radical gay civil libertarian Bill Dobbs of Queer Watch, the open letter (go to www.openletteronline.com and look under "Politics & Activism," then "Petrelis-Pasquarelli") has been signed by hundreds, including many well-known gay figures like Harvey Fierstein, Scott Tucker, Barbara Smith and Judy Greenspan. The letter questions the motivation for the charges and makes the scarcely extremist demand that the two get fair legal treatment and reasonable bail.

Moderate though the terms of the letter are, it has aroused much fury from the San Francisco gay establishment, whose animus against Petrelis and Pasquarelli was what apparently prompted Hallinan to have the pair charged and arrested in the first place. On November 15 Martin Delaney of Project Inform, Mike Shriver of the mayor's office and fifteen others published a letter in the Bay Area Reporter urging people to pressure Hallinan, demanding "full prosecution of Pasquarelli, Petrelis and their collaborators."

Petrelis and Pasquarelli have a potent posse howling for their heads. "They fucked with the wrong people," said a health official quoted in the San Francisco Examiner on January 23. The "wrong people" include a broad swath of liberals and leftists in and out of government, the AIDS establishment and media figures.

Time was when a decent death threat used to be a badge of honor in the Fourth Estate. Jimmy Breslin recently recalled to Dobbs his glorious "Son of Sam" days, when violent threats were so routine at the New York Daily News that the paper's switchboard operator was wont to ask callers whether they were registering "general death threats" or "specific death threats for Mr. Breslin."

Granted, Chronicle editor Phil Bronstein is a terror survivor of "Attack by Lizard in the LA Zoo," and his wife, Sharon Stone, is the marquee celebrity for one of Petrelis's targets, the American Foundation for AIDS Research, but Bronstein should remember that Daily News phone operator and get off his high horse.

Hallinan's got a radical past and even radical pretensions. He knows as well as anyone that conspiracy charges have long been used to smash protest. And he knows as well as anyone that militant protest is at the cutting edge of social conscience. It's easy to grandstand about the foul tactics, the obscenities, the all-round vulgarity of Pasquarelli and Petrelis, but should this add up to a demand that they be thrown into prison for years? Of course it shouldn't. Judge Parker Meeks Jr. should resist the entreaties of the posse and cut the preposterous bail drastically or release them on their own recognizance. Hallinan should get his sense of perspective back, and drop the drastic charges.

Questions about Enron's links to the White House and Dick Cheney's Energy Task Force are reassuring. They mean that the nation, after the September 11 attacks, is now confident enough to focus on some of the more traditional threats to our democracy, like the corporate takeover of our political system.

Following the release of the White House energy plan last year, the Government Accounting Office (GAO) demanded the Energy Task Force's records, including any interactions with major Bush campaign donors like Enron's Ken Lay. The Vice President's office refused to release the documents, claiming that Congress was exceeding its oversight authority. One of the oil and gas men whose privacy the White House wants to protect is Cheney himself, who in 1999, as CEO of Halliburton, was a member of the Petroleum Council, an advisory group to the Energy Department. The council issued a report calling for the opening of the Arctic National Wildlife Refuge (ANWR) and of roadless areas of the West to fossil fuel exploitation, proposals incorporated into the White House plan.

The GAO was preparing to sue for the first time in its eighty-year history when the terrorists struck. It then put its suit on hold so it could focus on "homeland security" and let the White House do the same. With the collapse of Enron and the beginning of Congressional hearings on the largest bankruptcy in US history, that holding pattern appears to be ending.

Still, even as environmental groups backed away from criticizing the President after September 11, the White House continued to push its "free market" environmental agenda. This past October, Interior Secretary Gale Norton had to explain why she'd altered scientific data, in a letter to the Senate, to make it appear that oil operations in the Arctic would not harm hundreds of thousands of migratory caribou, when in fact her own Fish and Wildlife Service (FWS) had provided her with data suggesting it would. "We did make a mistake. We will take steps to clarify and correct that," she told reporters in explaining one of the many discrepancies in her letter.

Norton has also concluded that drilling in the Arctic won't violate an international treaty that protects polar bears. The FWS, which has twice issued reports stating that drilling poses a threat to the bears, was directed to "correct these inconsistencies" with Norton's position. Polar bears can live with oil drilling, the FWS now tells us. They'll just look more like panda bears.

Ten years after President Bush Sr. pledged "no net loss of wetlands," George W. has signed off on an Army Corps of Engineers proposal that will make it easier for developers and mining companies to dredge and fill America's vital wetlands through a "general permitting" process that is rarely if ever challenged. Again, Norton failed to forward comments from her FWS to the corps, even though the FWS had written that the proposed policy change would result in "tremendous destruction of aquatic and terrestrial habitat."

Among the beneficiaries of the new engineer corps rules will be mining companies involved in "mountaintop removal" in Appalachia. J. Steven Griles, Norton's deputy, was a longtime mining lobbyist, and Norton herself lobbied for the lead industry.

Over at the EPA Christie Whitman won greenie points when she ordered GE to begin dredging PCBs out of the Hudson River. At the same time, the EPA has begun moving top career people (from the office of wetlands, enforcement, etc.) around the agency in a strange reorganization no one quite understands. "Are they purposely designing this to hamstring EPA for the next twenty years?" wonders a career employee who also complains that enforcement actions (as opposed to industry-friendly out-of-court settlements) are down significantly in the past year.

Under White House and lobbyist pressure, the EPA is also getting ready to relax clean air standards (that, as governor of New Jersey, Whitman supported) requiring old coal-fired power plants to shut down or significantly reduce gaseous emissions that contribute to acid rain and other forms of pollution.

Even Energy Secretary Spencer Abraham's recent Detroit auto show announcement that the government will work with the auto industry to develop pollution-free hydrogen-fuel-cell cars got mixed reactions. That's because he used the announcement to abandon a program aimed at improving existing auto fuel-efficiency standards. As usual, most of these environmental policy decisions are rife with corporate conflicts of interest, but conflicts that in recent months have gotten even less media attention than they normally would.

In her public appearances Whitman now emphasizes the need to protect America's water supply from terrorists (if not arsenic). Norton has been pushing the argument that drilling in ANWR can provide as much oil as we import from Iraq in eighty years (or the oily equivalent of sixteen years of Cheney's diet), and President Bush insists that Arctic drilling will make us "more secure at home." If nothing else, America's new "war on terrorism" is helping the Bush White House in its old war on the environment.

The Supreme Court has made a decision that is wrongheaded, and wrong.

In this most emotionally charged of times, I think that many of the moral issues we face are overlaid by an oft-expressed tension between the need for security and the full protections of human rights. It is always expressed as a tension, freedom as opposed to security. It is a false dichotomy but understandable, given how afraid we all are. And so we limit our sights to the need for good policy, good intelligence and strong, democratically inclined, diplomatically gifted leaders.

But I am also a lawyer, and a child of the civil rights era, which was, a bit like these times, a dangerous time, troubled by terrorizing outlaw behavior, a violent time. Yet what guided us, black and white, men and women, minority and majority, through that time was a determined appeal and, ultimately, adherence to principles of morality, justice and law. Dr. King's appeal to a transformative progressive society, to what he referred to as The Beloved Community, was of course an overtly theological argument, grounded in a love of all humanity. But it was also a metaphor, and that metaphor was grounded in a legal case, in a series of legal cases that held steadfastly to notions of fairness, equality and due process of law. The legal and political triumphs of the civil rights era remain a monument to America's best ideals.

Those times too were fraught with passion and grief. There were those who thought that Dr. King's work for racial equality was too radical, too deeply subversive, or unpatriotic. There were those who thought his opposition to American policy in Vietnam merited the response Love it or leave it. Similarly, there are those who have taken George W. Bush's oft-repeated statement--originally a warning to Iraq, as I recall--of "you're either with us or against us" and applied it broadly and inappropriately to men and women of conscience who express their concern that international conventions and norms of human rights be scrupulously applied in the battle against Al Qaeda.

Trust, don't ask, some have said. Say something positive or shut up. I worry a lot about the predominance of flat "either-or" dualisms that by their very syntax eliminate the middle ground so necessary to political debate. Love it or leave it. But Dr. King loved his country, and there was no "or" about it. He did not leave America but worked to impart a legacy that changed it and the world for the better. He appealed to a society that is committed to unity and yet vaunts individual freedom, including the freedom to dissent.

These tensions are often placed like roadblocks: security versus freedom, community versus dissent. That pervasive sense of opposition was a challenge for Americans in Dr. King's time, and it is a challenge for Americans now. And because the United States is a model others copy as well as a global force to be reckoned with, the citizens of the world are, one by one, having to resolve these tensions as well. As Dr. King said, "Civil rights"--or human rights I think he would add in today's global context--"civil rights is an eternal moral issue..."

Whatever the issue, whatever the time, we must resist a mindset that defines those who are "with us" as those who accept all policies as untouchable, all military action as automatically legitimate, all criticism as giving aid and comfort to the enemy. Otherwise we consign people who are engaged in the essence of democratic debate to the conceptual dustbin of those who are "against us." You're either on board as a team player or (according to the last few days of the New York Post alone) you're a brainless, overintellectualizing, group-thinking, anarchist, socialist, communist, stalinist, nihilistic, solipsistic, atheistic, politically correct, race-card-playing feminazi crackpot.

I sometimes wonder if we've forgotten who the enemy is.

But it is not unpatriotic to question and argue about our public policy; it's a duty of citizenship. It is not disrespectful to the Republic to ask, when our Defense Secretary says the men held in Guantánamo Bay are receiving better treatment than the Taliban ever gave their prisoners, what that means precisely. That they have not yet been beheaded? Or that the norms of the Geneva Convention and the Constitution are being rigorously observed?

I worry too about the degree to which we keep referring to these enemies as The Evil Ones or The Bad Guys--such odd terms, as though our leaders were speaking to very young children. By this, Al Qaeda is placed in an almost biblical narrative, ready to be smote and cast out. In this model, giving The Evil Ones so mundane a forum as a trial is literally "courting" the devil. While this sort of embedded language has certainly galvanized the people in a time of great crisis, I don't believe it's a useful long-term model for a democratic secular government trying to fight real political foes, particularly stateless enemies who are religious zealots in their own right. This sort of narrative obscures the adult reality that they are enemies, not viruses. They are humans, not demons. They are criminals, not satanic extraterrestrials. They may indeed be our New Age Goebbelses and Goerings, but we did not put Nazi war criminals in cages. We brought them to justice.

Given all this we will need all the thoughtful voices we can get to help our beleaguered leaders figure out a world that is growing more mobile, more diasporic, more riven by racism, xenophobia, anti-Semitism (and I mean anti-Semitism in the broad sense of prejudice against all Semitic peoples, including Jews, Arabs and some Asians), religious intolerance, economic disparity and struggles for land. Indeed, recent tensions are such that some are calling this a "clash of civilizations." This too is something we should be wary of. Organized crime syndicates--whether the Ku Klux Klan in the civil rights era or Al Qaeda now--do not a civilization make.

As we move into Black History Month, it is good to remember that Dr. King's message was far more complex than the naïve rosiness to which he's often reduced. He insisted on equal protection even for those we do not like. He insisted on due process of law even for those whom we have reason to fear. And he demanded that we respect the humanity even of those we despise.

"Former Yankee virtues, common sense, scepticism if not suspicion of authority, a belief in the mastery of the future, have been driven underground.

In the wake of losses before and after September 11, labor unions gear up for the next tough fights.

Once confined to the closet, gays are now making headway in mainstream society.

Civil liberties get short shrift in this perilous time of antiterrorism measures.

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