Who Killed Lynne Harper?

I see a Blogging Tory has picked up on the fact that Steven Truscott was not declared innocent. He was acquitted of a crime, which means he is 'not guilty'. Hello.

You cannot be declared innocent under Canadian law because well you are innocent, until proven guilty. Once proven guilty you can only be 'acquitted'. Is that so hard to understand?

You can however be declared 'innocent' by the court, however that cannot be done in an appeal case. It requires a new court case.

Though the court concluded that Truscott's conviction was a "miscarriage of justice," they fell short of declaring him factually innocent. Lockyer said without DNA evidence available to clear him once and for all, the declaration of complete innocence is impossible.

Of course the Blogging Tories are the same folks who considered Maher Arar a terrorist even after he was found to have been framed up by the RCMP and CSIS.

And like the Arar case they are all upset over the idea that a man wrongfully jailed may be entitled to compensation.

The judge mulling Steven Truscott’s right to compensation says the issue turns on the fact Truscott was not declared innocent.

In this case the bleeding heart Tory is sympathetic to the Harper family who believes in their heart of hearts that Truscott is guilty. Of course Lynne's father believes that, he has too. His world shattered the day his daughter died.

Like a lot of other folks he was stationed at the military base in the town.

At the time of Lynne's killing, the Harpers had only been living at RCAF Clinton, a base in southwestern Ontario, for about two years. Mr. Harper was a flight lieutenant. His wife, Shirley, stayed home to care for their three children, Lynne, 12, Barry, who was in Grade 10, and Jeffrey, who was only four years old when Lynne's body was found in Lawson's Bush.

And he would have known this guy who may have been the real killer.

A convicted pedophile stationed at the RCAF base at Clinton at the time of Lynne Harper's death. The OPP learned about him in 1997 after being contacted by a retired London, Ont., police detective, who felt the man was capable of murdering a child.

The man had pleaded guilty to sexual offences and possession of child pornography in the late 1980s. When police searched his house in connection with those offences, they found an eight-volume transcript of Truscott's hearing before the Supreme Court of Canada in 1966-67.

An airman who had been stationed at Clinton prior to 1959. He was stationed at Aylmer at the time of the murder, but had a home in Seaforth, close to the base, which he visited frequently.

He was identified by CBC's the fifth estate as Sgt. Alexander Kalichuk, who died in 1975.

MACINTYRE: In the 1950's Clinton was a military base … home and workplace for thousands of airmen …among them, at least one troubled individual whose medical files should have flagged him as a suspect.

Two years ago the fifth estate, assisted by the National Archives in Ottawa, retrieved a 900 page dossier on an acquaintance of the Harper family, once stationed at Clinton … a sexual predator with an unhealthy interest in young girls.
His name was Alexander Kalichuk.

Sgt. Kalichuk was a troubled man, a heavy drinker with a history of sexual offenses. He lived in this farmhouse with his wife and three children ... less than a 20 minute drive from the Clinton base. He worked as a supply technician there until 1957... He transferred to another base, in Aylmer, about a one hour drive away ... but made frequent trips back to Clinton ... where Lynn Harper's father was the senior supply officer.

Kalichuk's record of sex offenses went back at least a decade. In 1950 he had two convictions for indecent exposure in Trenton, where he was stationed.

About three weeks before Lynne Harper's murder he stalked three young girls on a country road outside St. Thomas. When two of them had gone home, he tried to lure the third into his car. Nancy Knowles … now Nancy Davidson …was 10 years old.

Today she remembers how the car followed at a distance until she was alone.

DAVIDSON: He asked me if I would come around and get in the car because he wanted me to pick out the prettiest present and I said, No. And then he pulled out - he had this brown paper bag and he pulled out this underwear.

MACINTYRE: Little kid's underwear.

DAVIDSON: Yeah, yeah.

MACINTYRE: And what did he want?

DAVIDSON: He wanted me to pick out the prettiest pair of underwear. He had a bottle between his legs. His eyes were bulgy and he had that glassy look and there were dark circles and I knew he was drinking and I just wanted to get away.

MACINTYRE: Kalichuk was caught and charged and appeared in Elgin County court a week later.

In spite of his prior convictions, the judge released him with a warning.
Three weeks after Lynne Harper's murder, Kalichuk entered a psychiatric hospital. According to records he was suffering from anxiety, depression and guilt.

Kalichuk was released but apparently far from cured. A heavily censored confidential military memo about "Sgt Kalichuk's aberrations" warned cryptically that when he was later posted at a base near Clinton, ongoing incidents were serious enough to get into the local paper.

In fact, police were warning about the activities of an unidentified molester who was preying on young girls from a car ... through all of which, Sgt. Kalichuk managed to avoid particular attention as a suspect ....in those incidents ... and, most significantly of all, in the murder of 12-year old Lynn Harper.

Kalichuk spent the rest of his life in and out of psychiatric hospitals and died in 1975 from alcoholism.

JULIAN SHER: Alexander Kalichuk is really just the worst example of a long list of potential suspects ignored that showed that the military and the police really were not interested in a serious investigation into who killed Lynn Harper.

The producer of the fifth estate documentary on Truscott two years ago continued to investigate the case independently … and has now written a book: Until You are Dead. Julian Sher.

SHER: In any rape case it would be normal for the police to investigate likely suspects in the area, people with a history of, of rape convictions, sexual deviants. In this case police didn't do that. Within 24 hours they focused on Steven. We uncovered names of people the police could have looked at. There was a man doing electrical repair work on the base who knew the Harper's who, according to one member of his family, said after Lynn Harper's murder, She had it coming to her. He had a rape conviction several years prior to the murder. He was never looked at. There was a lifeguard on the base and Lynn Harper was a very active swimmer who, according to members of his family, continued to engage in forms of sexual abuse and assault throughout the '60s and always was very nervous about the Harper case. He was never investigated by police. There were other men around the area who had known convictions and the police clearly didn't do their basic homework.

A new investigation into the case is needed since this was clearly a 'miscarriage of justice'. Now it is a case of actually finding Truscott innocent that would require a new police investigation.

Ontario Provincial Police Commissioner Julian Fantino is not ruling out a renewed search for Lynne Harper's real killer, but he admits his officers would face "major hurdles" in trying to solve the murder for which Steven Truscott was wrongly convicted in 1959.

But the likelihood of that happening is moot.

"The trail has gone cold," Sher said. "A lot of these people are dead. I think that unlike the cold cases on TV, this case is going to stay cold because there was never a serious investigation back in 1959."

The point remains that this was a case of a miscarriage of justice from the start,and the result could have meant the hanging of a 14 year old Steven Truscott.

In 1959, Truscott, then 14 years old, was sentenced to hang for the rape and murder of 12-year-old Lynne Harper. The case was a spectacle from the start, as Truscott became Canada's youngest death row inmate, spending 31/2 months in a "death cell" before his sentence was commuted to life in prison.

And it appears that part of the problem was an over zealous cop who decided not to investigate further since he had his boy. Unfortunately this is a common practice that has led to other innocents being railroaded for crimes they did not commit.

Pathologist's kin supports ruling

The pathologist's original conclusions allowed for a time of death much later than 7:45 p.m. -- perhaps even the next day,when Truscott was in school and therefore couldn't have committed the crime.

In October 2004, Julia Penistan told the Stratford Beacon-Herald she thought Truscott's conviction should be overturned and she believed her father faced pressure to support the police theory that Truscott was the murderer.

MACINTYRE: The lead investigator in the Harper murder case was a senior Ontario Provincial Police officer from Toronto … Inspector Harold Graham.
His quick disposition of the case and the conviction of Steven Truscott made Graham a legend among Ontario policemen and, before he retired, he'd become the OPP commissioner.

Graham died recently … adamantly rejecting our requests to discuss his biggest bust.

But at least one of his colleagues harboured serious misgivings. He was Corporal John Erskine …one of the three lead officers in the Harper murder investigation.

HARRIS: Well, he was a perfectionist in everything he did. Like it had to be done right or it wouldn't be done at all.

MACINTYRE: Dee Harris is Corporal Erskine's widow and she remembers how he became increasingly distressed by the case.

HARRIS: Oh not right at the start. It was later on in the investigation. He said at that time after he had looked at different fact that he said, I'm sure he's not guilty.

MACINTYRE: But the boss … Inspector Graham … had his mind made up, so the corporal kept his opinion to himself … His widow is still troubled by it.

HARRIS: All the police officers would come back to our house. I know Graham definitely felt he was guilty. He was convinced right at the start. The first day pretty well. You can't decide an investigation in the first day whether they're guilty or not guilty. You don't have enough facts to go on.

MACINTYRE: But after the first day of the Harper murder investigation Inspector Graham clearly believed he had his murderer … even though he originally thought the murder probably happened at 9 o'clock … when Truscott was home watching television.

MACINTYRE: That crucial detail quickly changed. As the police and prosecution prepared their case against their prime suspect in the fall of 1959.

Documents recently uncovered suggest that they suppressed crucial evidence supporting Truscott's claim of innocence.

There was a statement by a nine year-old girl, in clear and accurate detail, that Steven and Lynne crossed the bridge on his bike just as he and two other boys said he did. Neither the defense nor the jury ever saw that statement.

Mrs. Harper testified that is was unlikely that Lynn would ever hitch-hike. But according to three police reports, that's exactly what she and her husband first suspected when Lynn went missing. Neither defense nor jury ever saw those reports.

If there was one piece of evidence that sealed Steven Truscott's fate it was the report by the pathologist, Dr. Penistan, that she died shortly before eight o'clock in the evening of June ninth, 1959. But Dr. Penistan changed his mind about that seven years later … after what he called "an agonizing reappraisal".

He told Harold Graham … by then the assistant OPP commissioner … that Lynne Harper's death could have been at any time in a 48 hour period. Significantly, this was in May of 1966 … just as the Supreme Court of Canada was about to review the Truscott case … It might have been a bombshell … if the justices had known about it. But somebody struck Penistan's name from the list of prospective witnesses before the hearing started.

In the end Justice has been served. The Truscott case opened the debate on capital punishment in Canada, and for fifty years stood as the example of the horror of state murder of someone who could be innocent.

We've come a long way from the good old days when hanging anyone - let alone a teenager - was an acceptable form of justice. Each time we hear of a murder conviction overturned we give thanks that Canadian lawmakers rejected the state's role as executioner. Each time a conviction is overturned we become more determined that our prison system is one that protects the public, but also treats its inmates with some dignity.

Amen.

Ironically it was a Conservative government which commuted Truscott's death sentence.

The Conservative government under then prime minister John Diefenbaker commutes Truscott's sentence to life in prison.

Our New Conservative government would not be so forgiving given their rhetorical fixation on Law and Order and punishing Young Offenders as Adults. After all Harper ain't no Dief the Chief.


SEE:

Say No To Capital Punishment

Why I Oppose Capital Punishment

Find blog posts, photos, events and more off-site about:
Ontario Court of Appeal, Truscott, capital-punishment, Canada, crime, death penalty, Lynne Harper, acquittal, justice,

Say No To Capital Punishment

Two little words this morning prove why Capital Punishment, murder by the state , is never justified.

Steven Truscott.

For fifty years he awaited justice, while the justice system failed him and Lynne Harper the victim of a brutal rape murder. This morning the Ontario Court of Appeal acquitted him.

Acquittal, but not innocence, likely for Truscott

Sentenced to death in 1959 for the murder of a 12-year-old, there is no avenue for the Canadian legal system to declare him innocent

The real sexual predator who brutally raped and murdered Lyn escaped justice, while Truscott suffered from a justice system that saw him as their best bet for conviction and would not be deterred by facts to the contrary.

Fifty years, the life of a man, to appeal an injustice, resulted finally in justice being served. Truscott is an excellent case for why capital punishment is never justified, it is an irreversible judgment.

No other crime in Canada has divided public opinion as much as the tragic story of the June 9, 1959, murder of 12-year-old Lynne Harper, for which Truscott, then 14, was ultimately convicted. He was the youngest person ever sentenced to death in Canada (his death sentence was later commuted to life imprisonment). Still protesting his innocence, he began serving his sentence. His appeal to the Ontario Court of Appeal was dismissed. Leave to appeal to the Supreme Court of Canada was denied.

Public opinion ran passionately in favour of his guilt. Pierre Berton had written a sympathetic verse in this very paper a week after the trial and later said he had never known a more violent response to any column he had ever written.

He was called "a sob sister for a monster" and callers expressed the hope that his own daughter would soon be raped. Yet, seven years later, the tide of opinion shifted spectacularly.

The public came to believe that Steven's trial suffered from serious deficiencies, questionable expert testimony and unfairness to the accused. The case was discussed everywhere, including the House of Commons. All because of Isabel LeBourdais, who had published The Trial of Steven Truscott in March 1966. The book was a passionate, emotional defence of Steven Truscott and a scathing denunciation of his trial. She was named woman of the year by The Canadian Press.

Isabel LeBourdais, whose book raised questions about the Truscott investigation, talks with Steven Truscott in 1968 outside Collins Bay Penitentiary.

The doubts raised by the book and the language in which these doubts were framed struck a nerve deep in the Canadian consciousness. As a result of the book, the minister of justice, for the first time in Canadian history, directed a reference to the Supreme Court of Canada as to the propriety of the conviction. It is also the first time in which that court heard live testimony.

The Supreme Court affirmed the conviction on May 4, 1967, but doubts remained. Justice Emmett Hall, one of the most eminent judges of the court, wrote a powerful, passionate and stinging dissent and would have directed a new trial. He sharply criticized the conduct of the Crown. An already inflamed public, he said, was further inflamed by the Crown's improper suggestions and the trial judge's improper charge to the jury. Many Canadians believed that of the nine judges on the Supreme Court, only Justice Hall got it right.

Because of the Truscott Case capital punishment in Canada was reconsidered and eventually removed from the criminal code.

Canada banned the death penalty because of fears about wrongful convictions, concerns about the state taking the lives of individuals, and uncertainty about the death penalty's role as a deterrent for crime.

The case of Steven Truscott, who was just 14 years old when convicted of a murder that many continue to believe he did not commit, was a significant impetus (although certainly not the only one) toward the abolishment of capital punishment.

The return to having Capital Punishment in the criminal code is a platform from the old Reform Party that is the base of the Harper Conservatives. And it came up in the Conservative Leadership race.

Tony Clement declared that he believes that capital punishment should be an option for extreme cases. "My personal view is that in the case of serial killers and murderers of police officers, for instance, that it would be appropriate in those circumstances". -- Tony Clement

This decision should bury that forever. But if it doesn't then my reply to the Law and Order right wingers who endlessly lobby for state murder, will forever remain two little words; Steven Truscott.

The first private bill calling for abolition of the death penalty was introduced in 1914. In 1954, rape was removed from capital offenses. In 1956, a parliamentary committee recommended exempting juvenile offenders from the death penalty, providing expert counsel at all stages of the proceedings and the institution of mandatory appeals in capital cases.

Between 1954 and 1963, a private member's bill was introduced in each parliamentary session calling for abolition of the death penalty. The first major debate on the issue took place in the House of Commons in 1966. Following a lengthy and emotional debate, the government introduced and passed Bill C-168, which limited capital murder to the killing of on-duty police officers and prison guards.

Contrary to predictions by death penalty supporters, the homicide rate in Canada did not increase after abolition in 1976. In fact, the Canadian murder rate declined slightly the following year (from 2.8 per 100,000 to 2.7). Over the next 20 years the homicide rate fluctuated (between 2.2 and 2.8 per 100,000), but the general trend was clearly downwards. It reached a 30-year low in 1995 (1.98) -- the fourth consecutive year-to-year decrease and a full one-third lower than in the year before abolition. In 1998, the homicide rate dipped below 1.9 per 100,000, the lowest rate since the 1960s.

The overall conviction rate for first-degree murder doubled in the decade following abolition (from under 10% to approximately 20%), suggesting that Canadian juries are more willing to convict for murder now that they are not compelled to make life-and-death decisions.

All of Canada's national political parties formally oppose the reintroduction of the death penalty, with the exception of the Reform Party which supports a binding national referendum on the issue.

The debate over capital punishment was renewed once again in 1984. There was a free vote in the House of Commons on the topic in 1987. Supporters of capital punishment narrowly lost the vote, 148 to 127. The Bill to reintroduce capital punishment came from Conservative backbencher Gordon Taylor. Taylor initially introduced the Bill to reinstate capital punishment for Clifford Olson in 1986 but the Speaker of the House refused the Bill, as a law cannot be passed relating to a specific person. Taylor therefore changed the Bill to cover all those convicted of first degree murder and mass murders. In the end though, the Bill was not successful.

The debate concerning capital punishment is far from over, and it is an issue that is not likely to end in the near future. For now though, the debate seems to be dormant. Yet at a time when Canadians are demanding that criminals be held accountable for their actions and that justice be put back into the justice system, it is not likely that the call for the reinstatement of capital punishment will ever go away. Poll after poll shows that Canadians support the use of capital punishment in certain circumstances, but the political will is simply not there. The recent acts of terrorism in the United States might spur a renewed call for capital punishment, even if only for terrorist murders.

In 1976, capital punishment was removed from Canada's Criminal Code. After years of debate, Parliament decided that capital punishment was not an appropriate penalty. The reasons for this decision were due to the possibility of wrongful convictions, concerns about the state taking the lives of individuals, and uncertainty as to the effectiveness of the death penalty as a deterrent.

• In 1961, legislation was passed which reclassified murder into capital and non-capital offences. Capital murder referred to planned or deliberate murder, murder that occurred during the course of other violent crimes, or the murder of a police officer or prison guard. At this time, only capital murder was punishable by death.
• On December 10, 1962, Arthur Lucas and Robert Turpin were the last people to be executed in Canada.
• In 1967, a bill was passed that placed a moratorium on the use of the death penalty, except in cases involving the murder of a police officer or corrections officer.
• On July 14, 1976, with the exception of certain offences under the National Defence Act, the death penalty was abolished in Canada. The bill, C-84, passed by a narrow margin on a free vote.
• In 1987, a free vote regarding the reinstatement of the death penalty was held in the House of Commons. The result of the vote was in favour of maintaining the abolition of the death penalty, 148 to127.
• In 1998, Parliament removed the death penalty with the passing of An Act to Amend the National Defence Act and to make consequential amendments to other Acts, S.C. 1998 c. 35.
• In Canada, the abolition of the death penalty is considered to be a principle of fundamental justice. Canada has played a key role in denouncing the use of capital punishment at the international level.
• The Supreme Court of Canada has held that prior to extraditing an individual for a capital crime, Canada must seek assurances, save in exceptional circumstances from the requesting state that the death penalty will not be applied.

SEE:

Saddam and the CIA

Find blog posts, photos, events and more off-site about:
Ontario Court of Appeal, Truscott, capital-punishment, Canada, crime, death penalty, Lynne Harper, acquittal, justice,

Revealed: Aileen Cannon failed to disclose all-expenses-paid right-wing junket in Montana

Matthew Chapman
May 7, 2024 

U.S. Senate Television/CNP/Zuma Press/TNS

The judge overseeing the former president's Mar-a-Lago classified documents case lived it up at an all-expenses-paid retreat for right-wing federal jurists at a $1,000-a-night resort in Montana near Yellowstone National Park, reported Lucian K. Truscott IV for Salon.

"It's called the Sage Lodge in Pray, Montana, and it’s where George Mason University sends gaggles of federal judges for a week-long 'colloquium' every year or so," wrote Truscott — all paid for by the Antonin Scalia Law School, named for the late justice who ironically died on a ranch getaway paid for by right-wing benefactors.

Topics at these conferences include "Woke Law!" and “Unprofitable Education: Student Loans, Higher Education Costs, and the Regulatory State” — which, Truscott noted, "rings what we might call a rather different bell after the Supreme Court struck down President Biden’s student loan forgiveness program last year."

The GMU department behind this program has received generous donations from Leonard Leo, the Federalist Society leader who helped Trump appoint numerous judges and is under investigation in D.C. for allegedly funneling nonprofit money into his for-profit consulting firm.

Cannon was a guest at these conferences in 2021 and 2022, Truscott wrote — however, she "failed to file the form known as a Privately Funded Seminar Disclosure Report, which lists whoever paid for the judge to attend the seminar, who the speakers were and what topics were discussed.

"The form is supposed to be posted on the website of every federal court within 30 days of the time a judge attending such an all-expenses-paid seminar.

"Cannon, however, somehow forgot to do so, so anyone who might be interested in learning who was paying for Cannon’s vacations and the nature of her judicial education would have been out of luck."

Cannon has become a constant point of controversy for a series of unusual decisions made in the Trump case that appear calculated to help the former president. She tried to stop the FBI reviewing classified documents seized at Mar-a-Lago, later being smacked down by an all-Republican appellate panel, demanded special counsel Jack Smith hand over information to Trump that could expose witnesses to tampering, and is currently delaying the trial with no clear timeline for it moving ahead.

"I mean, 10 grand or so in first-class air travel and luxury accommodations and bottomless trips to the luxo-resort’s 'local produce' salad bar and steak pit might start to look like a bribe when you pay attention to what was actually being discussed between float trips down the Yellowstone and hikes through the mountains, don’t you think?" wrote Truscott.

Bombed out: Why we keep on making war, and tolerating it

War is brand new every time it happens, and it's one of our oldest ideas. We claim to hate it, but it's part of us

By LUCIAN K. TRUSCOTT IV
PUBLISHED MARCH 19, 2022

A man walks amid debris in front of a residential apartment complex that was heavily damaged by a Russian attack on March 18, 2022 in Kyiv, Ukraine. Russian forces remain on the outskirts of the Ukrainian capital, but their advance has stalled in recent days, even while Russian strikes - and pieces of intercepted missiles - have hit residential areas in the north of Kyiv. An estimated half of Kyiv's population has fled to other parts of the country, or abroad, since Russia invaded on February 24. 

(Chris McGrath/Getty Images)

The hardest thing I do as a writer is trying to find words to describe the indescribable. It doesn't matter what it is — beauty or bliss or sadness or tragedy or dullness or despair or horror or ecstasy or the ordinary — it's the writer's job. I remember as a young man having a dream that someday I might come up with one great idea. Just one would do it, but that was my goal. Now I realize what I've been doing for more than 50 years is excavating old ideas and finding new ways to express them.

We are witnessing one of man's very oldest ideas in Ukraine. Call it the will to power or the urge to take what is not yours or the wrath of ignorance and pride, every time war is waged it is the same. War is man's inhumanity to man on a mass scale.

Perhaps that is why we become so readily inured to images of war. We have seen them all before — the anguished, bleeding faces of the wounded, the bleakly inert limbs of the dead, the angry fire of explosions, the darkness and sameness of destruction — to borrow Hannah Arendt's term, the sheer banality of it all.
Advertisement:

RELATED: Ukraine and the dark lessons of war: What does it mean to "take" a country or a city?

War is brand new when it first happens, yet after only a day it is already old to us because it has been headlined on the front pages of newspapers, featured on the covers of magazines, flickered across our televisions, splashed on the big screen of movies in Technicolor, engraved in the text of great novels and first-person reports from the front. The most extraordinary scene in the 1970 movie "Patton," the one that I believe gives it staying power, comes when Gen. George S. Patton is on a bluff in North Africa or Sicily seeming to reminisce about having been at that exact spot before during ancient battles. He ends his oration by saying this about war: "I love it. God help me, I do love it so. I love it more than my life."

I don't know if Patton ever said the lines from the movie in real life, but I do know that after I took my grandmother, Sara Randolph Truscott, to see "Patton" the week it came out, I asked her what she thought, and she turned to me and answered with a little smile, "Why, it was just like being in the room with Georgie," calling him by a nickname only his family and close friends used.

Her late husband and my grandfather, Gen. Lucian K. Truscott Jr., knew Patton and served on the same cavalry posts with him between the wars. It's safe to assume she would have known what the man was like, so that's probably as good an assessment we'll ever get of the movie's essence. In Patton's rumination on war, he is saying the unsayable out loud. It makes him seem like a monster, but we are all monsters, we humans who love war, or at least tolerate it such that we keep waging it over and over and over again.

It chills the soul to think that he might be right, but here we are again, 52 years after "Patton" was released, bearing witness to yet another war being fought over the same ground, in the same cities, for largely the same reasons as the war against the Nazis that Ukraine (and Russia) fought 81 years ago. It's tempting to ask why nothing is ever new, but I'm afraid we know the answer all too well.

There is one image of war we haven't yet seen in the coverage of Russia's war against Ukraine. We've seen people sheltering in subway stations and basements and people traveling by train or by car to get to western Ukraine or Poland to escape the bombing and shelling. But we haven't seen the people left behind who don't have the wherewithal or money or even the energy to escape the cities and towns being bombed, and who end up stuck trying to survive in the ruins. I saw an interview with an expert on Ukraine this week who said that 10 percent of the population already lived below the poverty line of about $5 or $6 a day, even before the war began. It won't take long for as many as 90 percent of Ukrainians to be in the same position, he said.

I am certain that there are already people in Ukraine living in the bombed-out ruins of rural homes and urban apartment buildings with no electricity, heat, source of food or water — just existing on nothing. Because I haven't traveled to Ukraine to cover this war, and because all wars are essentially the same, I'll tell you what I saw in Afghanistan in March of 2004 in the ruins of some old apartment complexes and office buildings on the edge of Kabul.

It was like a landscape out of a near-future movie about the world after the Big Bomb, but it was real: Families had fashioned shelters out of the rubble of the buildings, using scrap wood and metal for roofs and more wood scraps and piles of rubble and cheap carpets and blankets for walls, and they were living in the midst of this horrific destruction without electricity or water and only small cooking fires for heat. Here and there, I could see pits that had been dug out of the dirt and sealed with mud walls to make bread ovens, where they could bake flatbread by slapping dough on the curved walls of the pits. But none of the ovens had fires going, because the families didn't have any flour and water to make dough.

I had stopped at a small bakery next door to the Mustafa Hotel, where I was staying in Kabul, and picked up a bag of sugar cookies that I planned on eating as snacks later in my room. I had the bag stashed in a kilim shoulder bag I was carrying, but almost immediately upon entering the ruins, I was surrounded by a crowd of starving children. Their faces were dirty from having not been washed in weeks, and many of them had open infections oozing pus on their legs and arms. They were pawing at me and chattering in Dari and my translator told me they were asking for food and water, so I took out the bag of cookies and began handing them out. It was like being set upon by a pack of wolves, their fingers were tugging and scratching at my pant legs and arms as I tried to spread the cookies evenly between the children. Within a minute or two, they were all gone and the children disappeared into gaps in the rubble and behind the thin rugs where their mothers huddled in the cold.

With my translator, I tried to talk to a few of the women to get their stories: How they had ended up in these ruins in Kabul, how long they had been there, the usual questions a reporter asks in a war. Their husbands, the fathers of the children, had all been killed in fighting between Afghan factions or by the Taliban or by U.S. soldiers, so there were no men in the ruins. My translator explained that widowed women with children were undesirable and were shunned in their villages, which was why they had traveled from distant areas looking for shelter and work and aid from NGOs in Kabul. They had noplace else to go; that's why they were living in the ruins among the detritus of war.

I went back to the ruins once more before I left Afghanistan and handed out flatbread and some bottled water this time. The scene was the same. The children clawed at me desperately. It was all I could do not to throw down the bag of bread and the water bottles and run.

When I returned to L.A. a week or so later, there was a sore on my left forefinger that wouldn't heal. I went to my GP. He examined my finger and took a swab and asked me to wait while he had it tested. A couple of hours later the test came back. It was an MRSA infection. He asked me what I had come in contact with in Afghanistan that might have caused it, and I thought immediately of the children in Kabul with their open sores and cracked lips and desperate eyes. I had touched them repeatedly while handing out cookies and bread in the ruins.

The doctor gave me a big shot of antibiotics and put me on the only pill known to knock down MRSA infections. The sore got worse for a couple of days and then began to heal. The doctor told me that if I had waited to get it treated for even a day longer, I would probably have lost my finger. If I had neglected the infection longer, I could have lost my hand.

This is one of the very old ideas about war I have excavated: After the bombs have fallen and the artillery shells have exploded and the missiles have found their targets, what is left are women and children with no money, no food, no water, living in bombed-out ruins with no place else to go. That was what happened in Afghanistan, and it happened in Sicily and Vietnam and Korea and Iraq and Aleppo and Rome and Jerusalem and Cairo and Mogadishu, and now it is happening in Ukraine. History becomes present becomes future and nothing changes. The thing that is forever is war.


LUCIAN K. TRUSCOTT IV a graduate of West Point, has had a 50-year career as a journalist, novelist and screenwriter. He has covered stories such as Watergate, the Stonewall riots and wars in Lebanon, Iraq and Afghanistan. He is also the author of five bestselling novels and several unsuccessful motion pictures. He has three children, lives on the East End of Long Island and spends his time Worrying About the State of Our Nation and madly scribbling in a so-far fruitless attempt to Make Things Better. You can read his daily columns at luciantruscott.substack.com and follow him on Twitter @LucianKTruscott and on Facebook at Lucian K. Truscott IV.

Read more on the Ukraine war and its consequences:
Endless war is back — as the merchants of death waltz us toward Armageddon
Putin's invasion of Ukraine exposes the Fox News-QAnon feedback loop
Why I'm going to Ukraine: We deserve the truth — and that's my job

Why I Oppose Capital Punishment

Two words, nouns, proper name;
Steven Truscott.

Autopsy drafts that would have cleared Truscott never given to defense




Find blog posts, photos, events and more off-site about:
steven, Truscott, capital-punishment, Canada, murder, rape,

 

$800,000 wire transfer from billionaire donor to US Chamber of Commerce raises curtain on dark money

Taylor Giorno

Tue, June 11, 2024

The U.S. Chamber of Commerce received an $800,000 wire transfer from billionaire donor Hank Meijer days after it endorsed his son, then-Rep. Peter Meijer (R-Mich.), in a contentious 2022 primary, according to previously unreported internal emails reviewed by The Hill.

Within days of the transfer, the Chamber spent $381,000 on “Media Advertisement – Energy and Taxes – Mentioning Rep. Peter Meijer,” according to a report filed with the Federal Election Commission (FEC).

But because the ad — titled “Thank you, Rep. Peter Meijer” — does not explicitly advocate for his election or defeat, the pro-business lobbying giant did not have to legally disclose the donation from Hank Meijer, the co-chair and CEO of the Meijer chain of superstores. It also did not have to disclose any other potential contributions behind the $1.8 million it told the FEC it spent on “electioneering communications” that cycle.

Emails obtained by The Hill lay out the timeline of the endorsement, donation and ad buy just weeks before the Aug. 2, 2022, House GOP primary in Michigan. Campaign finance experts told The Hill that the emails pull back the curtain on a surge of “dark money” in U.S. elections, spending where the ultimate source of the money is not publicly disclosed.

“They’re exploiting a legal loophole to help them conceal the sources of election spending in this race,” said Saurav Ghosh, director of federal campaign finance reform at the nonprofit watchdog Campaign Legal Center (CLC), which filed a complaint during the 2020 cycle alleging an individual later identified as Hank Meijer tried to obscure separate donations by using a limited liability corporation (LLC) to donate to another super PAC supporting his son.

“And they’re doing it in a very sophisticated way, but ultimately the voters suffer as a result,” Ghosh added.

Nonprofits such as the Chamber are not legally required to publicly disclose their donors. The Supreme Court recently ruled nonprofit disclosure requirements violated donors’ First Amendment rights and risk deterring donors who don’t want their names to be public.

Under federal campaign finance law, however, it is illegal for a campaign and spender to coordinate on so-called “independent expenditures” — election communications such as an ad. But the involvement of a candidate’s family member is not de facto coordination, campaign finance experts told The Hill, and so long as the group does not coordinate with the candidate, campaign or its agents on an endorsement, or spending touting that endorsement, they would legally be in the clear.

Both the Chamber and John Truscott, a Meijer family spokesman, insisted the donation complied with all applicable laws. But neither the Chamber nor Truscott answered specific questions about the timing of or discussion around the donation, the terms of the contribution and how that money was used.

“The personal contribution made two years ago to the U.S. Chamber of Commerce Voter Education Fund was in full accordance with all laws and regulations,” Truscott told The Hill.

A Chamber spokesperson told The Hill that the organization “operates consistent with all applicable campaign finance laws, including restrictions related to coordinated activities and requirements around donor disclosure” and “timely reported this advertisement to the FEC, providing all information required by law.”

But the timing of the donation so soon after the endorsement “raises some serious questions” about the arrangement between the Chamber and Hank Meijer, said Anna Massoglia, a dark money expert and the editorial and investigations manager at the nonpartisan money-in-politics tracking nonprofit OpenSecrets.

“It is not unheard of for the parents of candidates to fund super PACs or other outside groups that spend in support of their children, and it is perfectly legal so long as disclosure and coordination rules are followed,” Massoglia said.

“The biggest question … would be what agreements, if any, are in place behind the scenes with this. Is this explicitly giving money for an endorsement or their support? Or was this a big coincidence that the timing was so close?”

Ghosh, Massoglia and other campaign finance experts argue the status quo of dark money disclosure hurts everyday citizens who are unable to see the people behind the massive campaigns or see evidence about their motives.

“That’s the essential problem with political activity by these entities: They’re a black box,” Ghosh said.

While unprecedented sums of dark money poured into the 2022 election, the 2024 election is on track to set a new record.

More than $210 million in dark money contributions have already been funneled into political groups during the 2024 election cycle, according to Massoglia. That’s up from $170 million at the same point during the 2022 election cycle and more than double the amount tracked at this point in the 2020 election cycle.

“It’s important for voters to be able to have information about who’s funding groups that are spending to influence their vote or influence their opinions generally, so that they can better evaluate the information they’re consuming from those groups,” Massoglia told The Hill.

Voters “may trust the Chamber because of its reputation as a pro-business group, as a trade association, and not realize who all is actually behind [an ad],” she added.

How the Chamber came to back Meijer

Peter Meijer was in a tough spot.

One of 10 House Republicans who had voted to impeach former President Trump for “incitement of insurrection” on Jan. 6, 2021, he faced a Trump-endorsed challenger in the GOP primary in early August 2022.

Against the backdrop of this heated primary, the Chamber endorsed Meijer on July 11, a Monday.

The Meijer company is a member of the Chamber, and Hank Meijer is a member through his business, Truscott, the Meijer family spokesperson, told The Hill. The company is also a member of the Michigan Chamber of Commerce, Grand Rapids Chamber of Commerce, Lansing Regional Chamber of Commerce, Muskegon Lakeshore Chamber of Commerce and the Indiana Chamber of Commerce.

On the morning of Friday, July 15, John Van Fossen, vice president of government relations for the Meijer company, sent an email to Neil Bradley, the U.S. Chamber’s chief policy officer.

“Everything is being processed,” Van Fossen said.

That afternoon, a Chamber staffer sent Bradley an email that said, “Hank Meijer’s office called me an hour ago — they are wiring in $800k Monday. This will be for VE — correct?” referencing the Voter Education Fund.

“Correct.” Bradley responded.

Late Monday, July 18, in an email with the subject line “Contribution Form – H.G. Meyer/Meijer,” Nancy Duchaine, an associate at Greenville Partners — an organization that supports the Meijer family’s financial and philanthropic endeavors — emailed the Chamber to say, “Our approver was held up in meetings today so you will see this come through tomorrow.”

“Attached is the contribution form to accompany the $800,000 donation wired out earlier today,” Duchaine had sent in an email earlier that evening.

The following morning, a Chamber staffer sent Bradley an email with the messages that said, “800k confirmed in writing below.”

“thx,” Bradley responded.

A few days later, on Thursday, July 21, the Chamber started running an ad on energy and tax issues that mentions Peter Meijer.

Bradley, Van Fossen, Duchaine and Peter Meijer did not respond to requests for comment.

The Chamber’s ad

The ad praises Peter Meijer but stops short of using the eight specific words and phrases established in the Supreme Court’s 1976 decision in Buckley v. Valeo that would require the Chamber to report the ad as an independent expenditure, and thus disclose the source of the funds: “vote for,” “vote against,” “elect,” “defeat,” “support,” “reject,” “cast your ballot for” or “Smith for Congress.”

“Fourth-generation west Michigander, steadfast conservative leader. In Congress, Peter Meijer always puts west Michigan first,” the ad’s narrator says.

“That’s why he’s fighting against the liberal policies that are failing our nation, fighting for increased domestic energy production to lower gas prices and fighting to stop Biden’s reckless tax increases on our families. Call Peter Meijer. Ask him to keep up the fight for west Michigan,” the ad continues.

This was the only ad buy the Chamber reported making between April and October of 2022, although its YouTube page includes ads that summer thanking then-Rep. Rodney Davis (R-Ill.) for his work on energy and taxes posted two weeks before he lost his primary to a Trump-backed incumbent, and praising Sen. Joe Manchin (I-W.Va.), who was serving as a Democrat at the time and was not up for reelection that cycle.

“The U.S. Chamber is in a constant state of raising money, endorsing candidates, and engaging in issue advocacy to advance our priorities and the efforts of elected officials who champion them,” the Chamber spokesperson told The Hill.

Linguistic limbo is a common practice for dark money groups to circumvent disclosure requirements. Groups can run issue ads that praise or attack candidates without disclosing their donors, so long as they don’t invoke the “magic words.”

Dark money groups and politically-involved nonprofits are also increasingly donating to super PACs or spending money on issues ads that don’t have to be disclosed to the FEC, Massoglia said, which makes it more difficult to track the ultimate source of dark funds flowing into elections.

Meijer would go on to lose the GOP primary three weeks after the Chamber endorsed him. While he ran for the Michigan Senate GOP nomination this election cycle, he dropped out in April.

Only two House Republicans who voted to impeach Trump for his actions on Jan. 6 remain in Congress.

Chamber falls under specific disclosure rules

As a 501(c)(6) tax-exempt nonprofit, the Chamber is not legally obligated to disclose its list of members or the source of any donations or dues it receives, although it does have to file an annual report to the IRS with top-line totals.

The Chamber takes in and spends a lot of money each year: It reported nearly $210 million in revenue in 2022 on its most recent Form 990, and OpenSecrets found the group spent more than $81 million on federal lobbying that year.

The Chamber also weighs into elections, although critics say its political operation is less potent than it was before the 2020 election cycle, when it endorsed 23 first-term Democrats for reelection, enraging and alienating many of its traditional allies in the Republican Party.

The Chamber also endorsed Meijer in October 2020 but did not report any “electioneering communications” mentioning Meijer after that endorsement or post any ads mentioning Meijer on its YouTube page.

Ghosh described the emails as one of “the rare instances where you do see what’s happening on the inside and how a group is making the buys it’s making.”

“There’s always the machinery behind it. But because of the lack of transparency around these groups, you never get to see that machinery,” Ghosh added.

Hank Meijer previously accused of obscuring donations

Hank Meijer has previously been accused of obscuring donations to a political group supporting his son.

In October 2020, just a few weeks before the 2020 general election, CLC filed a complaint against Montcalm LLC, which contributed $150,000 to the Congressional Leadership Fund, a super PAC aligned with Republican congressional leadership, less than two weeks after incorporating.

The campaign finance watchdog alleged the ultimate source of the funds, which was later revealed to be Hank Meijer, funneled them through a “straw donor” to obscure their involvement.

Montcalm LLC donated another $100,000 to the super PAC on the day the complaint was filed.

After CLC filed the complaint, Truscott told MLive that Meijer had made the donation “with the full expectation that his name would be made public.”

The Congressional Leadership Fund ultimately attributed both contributions from Montcalm LLC to Hank Meijer on reports filed to the FEC. The super PAC spent nearly $1.2 million that cycle against Peter Meijer’s Democratic opponent, according to OpenSecrets.

The FEC dismissed CLC’s complaint last month after concluding “[Hank] Meijer was the true source of the contribution purportedly made in Montcalm’s name, and Meijer should have been disclosed as the true contributor at the time of making the contribution.”

Ghosh called the FEC’s decision to dismiss the complaint “inexplicable given their finding.”

“It sets terrible incentives for others to do the same to avoid disclosure,” said Ghosh.

Fight over disclosure rules

Both Democratic and Republican groups benefit from dark money contributions and spending, including House and Senate party leadership-aligned super PACs that rake in tens of millions of dollars from undisclosed sources each cycle.

Sen. Sheldon Whitehouse (D-R.I.), a leading advocate for the disclosure of dark money pouring into elections, told The Hill that the identity of billionaires spending to influence elections is “information voters deserve to know, especially when that billionaire is a candidate’s own father.”

“The U.S. Chamber of Commerce is doing the dirty work of billionaires and Big Oil via a massive litigation, lobbying, and electoral spending operation intended to influence the federal government. The Chamber regularly dumps dark money into American elections to sink candidates who support fighting climate change and growing the middle class,” Whitehouse told The Hill.

“Senator Whitehouse has a long history of only objecting to spending when he doesn’t agree with the message or source,” a Chamber spokesperson told The Hill.

Whitehouse has consistently reintroduced the DISCLOSE Act, which, among other provisions, would compel dark money groups that donate to super PACs or spend on communications that refer to a federal candidate to disclose contributions topping $10,000. The Senate version of the bill has 51 Democratic and independent co-sponsors, and the House version has 156 Democratic co-sponsors.

But as recently as 2021, the Supreme Court has ruled disclosure requirements infringe upon nonprofit donors’ First Amendment right to free speech.

In July 2021, the Supreme Court ruled that a nonprofit donor disclosure requirement in California was unconstitutional. Chief Justice John Roberts said in the majority opinion that it would have a chilling effect on donors who may be deterred if their names were made public.

“California’s disclosure requirement imposes a widespread burden on donors’ associational rights, and this burden cannot be justified on the ground that the regime is narrowly tailored to investigating charitable wrongdoing, or that the State’s interest in administrative convenience is sufficiently important,” Roberts wrote.

Taylor Giorno was the money-in-politics reporter at OpenSecrets before joining The Hill as the business and lobbying reporter.

SIGN THE PETITION

Edmonton mom facing deportation makes impassioned plea for her and her daughter to stay in Canada

A mother and daughter from Edmonton facing an imminent deportation order are desperate to remain in Canada.

The Cayanans are scheduled to be deported July 11, 2022 - but hope public pressure will assist them in staying in Canada long-term.

Sarah Ryan / Global News- Yesterday 

Vangie Cayanan came to Canada as a temporary foreign worker back in 2010, but she alleges her employer abused her and when she reported it, she was let go.

The next year, she moved to Edmonton where she continued to work.

In 2015, while still in Canada, Cayanan had a baby girl named McKenna. That's the same year Cayanan became an undocumented migrant.

Recently, her lawyer said the Canada Border Services Agency started rounding up undocumented workers and deporting them.

Family friend Whitney Haynes said the government isn't being fair to the Cayanans.

"She came here legally, under the temporary foreign worker program," Haynes said. "She was abused by her employer, abused by a system which has abused many people -- that throws people away back to their own country just to bring in a new batch of people to do the same jobs."

Cayanan was told she and her daughter would have to leave the country and go to the Philippines on May 11.

After being granted an emergency extension allowing McKenna to finish her school year in Canada, a new deportation date has been scheduled for July 11.

"I'm asking for all the support to stay here because McKenna belongs here, I belong here, we belong here. This is our home," Cayanan said.

Recently, Cayanan said her six-year-old daughter was diagnosed with ADHD and Oppositional Defiant Disorder.

In Canada, McKenna is receiving supports in school and is getting medication for her conditions, something Cayanan said wouldn't happen in the Philippines.

"In an impoverished learning environment, without the resources, I don't know that those special needs can be met," agreed registered social worker Susan Otto.

Plus, they added that McKenna only speaks and understands English.

READ MORE: Toronto senior facing deportation allowed to stay in Canada after more than 20 years

A statement from Immigration, Refugees and Citizenship Canada said "all foreign nationals are expected to respect our immigration laws by maintaining a legal status while in Canada, restoring their status within 90 days after their status has expired, or returning to their country of origin.

"An individual who remains in Canada more than 90 days after their status expires should leave Canada. From abroad, they may apply to return to Canada through any type of temporary or permanent status they are eligible to apply for."

Options include the permanent residence program or a temporary work permit, according to the government agency.

READ MORE: LBTGQ+ refugee in Quebec facing deportation says he will be killed if sent back to Jordan

"Everyone deserves a work environment where they are safe and their rights are respected. The government takes the safety and dignity of foreign workers very seriously, which is why we've been taking strong action to protect workers since before the pandemic," the statement continued.

"Migrant workers have the same rights to workplace protections under applicable federal, provincial and territorial employment standards and collective agreements as Canadians and permanent residents."

Supporters also say Cayanan has proven herself to be a valuable member of the community.

Despite her status, in 2017 she advocated for children of migrants to have basic rights -- and won.

"Every child born in Canada can access health care now because of her work," explained Clarizze Truscott, vice-chair with Migrante Canada.

Cayanan also helped deliver packages to undocumented people during the COVID-19 pandemic.

"Her tireless community work earned her the human rights award from the John Humphrey Centre For Peace and Human Rights. This isn't just given to anybody," Truscott said.

"We should strive to keep these kinds of wonderful people in our community, because these are the people who contribute positively to the community, always," explained her lawyer, Manraj Sidhu.

He is appealing the deportation order based on humanitarian and compassionate grounds. But that process could take three years.

"I don't want to beg, I just want to fight for her rights. McKenna deserves everything, just like other children here in Canada," Cayanan explained.

In the meantime, Migrante Canada launched a petition for the family to stay, hoping to present it to the federal minister of immigration.

The petition already has more than 2,100 signatures.

"No worker should ever feel like this. No human should ever feel like this. No child should ever, ever be part of this process," Haynes said.

"Obviously there's a very real need for workers here, it's all over the media. I don't understand why we're expanding the temporary foreign worker program when we can just let the workers here stay here, that have developed a strong sense of community here."

Migrante said there are currently more than half a million undocumented people in Canada

SEE 

https://plawiuk.blogspot.com/2022/06/filipino-woman-allegedly-abused-by-her.html