Resistance to Illegal Minnesota Vikings Stadium Special Law: Writ of Mandamus in court August 20th

With a little luck the Vikings Stadium could be forced to a vote in Minneapolis this November. A petition for writ of mandamus with the District Court in Hennepin County initiated by Doug Mann and supported by several activists asks the court to consider if indeed the way the stadium was "legalized" by gleeful Democrats & Republicans at the Legislature in defiance of the Minneapolis City Charter as well as the Minnesota Constitution should trigger an immediate block on further stadium construction without a city-wide referendum. A writ of mandamus is a directive from a judge forcing a government unit to do a certain action in part because no other remedy in the law is available - in this case, forcing a vote onto the ballot.

Thus the voters would have a chance to reverse this deceitful scam sucking in taxes new and old from all directions.

The counter-argument from city attorneys is mumbo-jumbo about what counts as expenditures or taxes etc., basically they can slip out of having a vote by subverting the definition of the needed revenue from shifting taxes around to pay for it. The whole setup subsidizes structures that provide advertising surface for booze which only worsens chemical dependency and public safety problems in Minnesota.

On Tuesday August 20th join stadium opponents - INFO: Fill the courtroom to demand a stadium vote! - 8AM: Courtroom 1359, Hennepin County Government Center, 300 South 6th Street, Minneapolis, MN 55487 -- Doug Mann's petition for a writ of mandamus, demanding a referendum on the city's expenditures for the Viking stadium as per the charter, has a court date. We will gather outside 30 mins. before for a low-key press conference, then proceed to the public seating in courtroom 1359 to demonstrate the immense support for this action.


Also of course it shockingly turns out Zygi Wilf is a dodgy New Jersey businessman and now state authorities are sort of backpedaling on the whole deal.

Minnesota Vikings stadium plan on hold while Wilfs are investigated | Audibles - - August 15 2013

What does latest delay on Vikings' stadium mean? - ESPN

Judge says Zygi Wilf cheated partners in N.J. apartment project | Star Tribune & Stadium authority to ask Vikings and Wilfs to pay for extra legal work | Vikings stadium: The build | - ah yes paying attorneys to scrutinize oneself. Seems legit.

Vikings stadium: Dayton losing faith in Wilfs - - August 14 2013

Brian Murphy & Bill Salisbury note the black hole of subsidies swirling around cigarettes and gambling:

Last year, Minnesota officials expected to pay the state's $348 million share of the project with tax collections from newly authorized electronic pull-tabs and bingo games. But those games rolled out more slowly than projected, and the state's original forecast that e-gambling would generate $35 million a year in tax revenue was shrunk to $1.7 million last spring.

To cover the gap, Dayton and the Legislature in May closed a corporate tax loophole and earmarked a one-time cigarette tax to back up stadium funding.

They raised the cigarette tax to $2.52 per pack beginning July 1 and assigned the estimated $24.5 million from a "stocking fee" on the existing cigarette inventory to a stadium reserve account.

Anyhow on top of this the Minneapolis voters long ago instructed local officials that they would have to be consulted through a referendum about any new vote. The writ of mandamus could in theory bring this whole project to a halt by ordering officials to put up a referendum.

SEE ALSO: US DOJ Second Amended Complaint in Garden Homes && Garden Homes Consent Decree on June 21 1999, not that long ago.


THE WRIT! So here is the deal basically: "The petition is the main thing that the judges looks at first. But they don't want the petition to have any legal argument in it, so that's what the memorandum is for. All three have to be together, consistent with each other and dependent on each other." So I am


State of Minnesota District Court   

County of Hennepin Fourth Judicial District

Doug Mann,


v. Memorandum of points and authorities in

Minneapolis City Council, support of petition for a writ of mandamus

respondent. Ct. File No. 27-CV-13-13029



Chapter 299 of the 2012 Minnesota Session Laws, the Vikings Stadium Act is a special law authorizing the State of Minnesota to use revenues from City of Minneapolis sales taxes to pay the costs of building and maintaining a football stadium in Minneapolis, including the repayment of bonds in the amount of one hundred fifty million dollars and maintenance of the stadium at a minimal cost of seven million five hundred thousand dollars per year.

The Minnesota Constitution Article 12, sec. 1 states ". . . In all cases when a general law can be made applicable, a special law shall not be enacted except as provided in section 2. Whether a general law could have been made applicable in any case shall be judicially determined without regard to any legislative assertion on that subject. . ."

The Minnesota constitution invests local governments with the authority to approve special legislation. A local government unit affected by special legislation can refer the approval of the legislation to the voters in an election.

The Minnesota Constitution, Article 12, sec. 2, states: "Every law which upon its effective date applies to a single local a special law... The legislature may enact special laws relating to local government units, but a special law, unless otherwise provided by general law, shall become effective only after its approval by the affected government unit expressed by the voters or the governing body. . ."

Minneapolis Charter, Chapter 15, sections 9 and 13 restrict the City's authority to incur indebtedness or use city resources for a professional sports facility . Under section 9, if the city shall incur a debt of more than fifteen million dollars for a stadium project, the city's board of estimate and taxation may not incur any indebtedness until the project has been approved by "a majority of the electors voting on the question in a regular or special election." Under section 13, the City may not use city resources in excess of ten million dollars to pay for a professional sports facility without the approval of a majority of the voters at the next general election.

If the people of Minneapolis, expressing their will in an election, reject the use of City of Minneapolis sales tax revenues for the stadium project, it may be the legislature's duty to provide the funds necessary for this project by other means, such as through an increase in the state-wide sales tax rate, in order to ensure that contracts already signed by the Stadium Authority, established by the Act, are not impaired. The legislature can appropriate revenues from sales taxes and other taxes affecting the entire state to pay for the stadium project, rather than heavily rely on "City of Minneapolis" sales tax revenues.


On May 25, 2012 the Minneapolis City Council, by a vote of 7 in favor, 6 against gave its approval of financial obligations on the City of Minneapolis imposed by the Vikings Stadium Act. This action effectively disenfranchised the voters of Minneapolis in violation of the City Charter and Minnesota Constitution, notwithstanding the following provision of the Viking Stadium Act:


Any amounts expended, indebtedness, or obligation incurred including, but not limited to, the issuance of bonds, or actions taken by the city under this act, are deemed not an expenditure or other use of city resources within the meaning of any law or charter provision. The city may exercise any of its powers under this act to spend, borrow, tax, or incur any form of indebtedness or other obligation for the improvement, including, but not limited to, acquisition, development, construction, or betterment of any public building, stadium, or other capital improvement project, without regard to any charter limitation, requirement, or provision, including any referendum requirement. Any tax exemption established under this act shall be deemed not an expenditure or other use of city resources within the meaning of any charter provision.

In an opinion dated May 21, 2012, the Minneapolis City Attorney supports the idea expressed in the above paragraph that "Any amounts the city under this act, are deemed not an expenditure or other use of city resources within the meaning of any law or charter provision...." The argument goes that the state collects and spends the money from special sales taxes that do not pass through the city treasury. However, an opposing view was expressed in a legal opinion provided to City Council member Cam Gordon, by attorney Karen Marty, dated May 23, 2012. Below, in the following 8 paragraphs is an extended quote from Karen Marty's opinion:

[The City Attorney's opinion dated May 21, 2012] "...argues that the stadium expenditures are beyond the reach of the City Charter. That opinion focuses on how local taxes are collected and administered, rather than on the bigger picture. By looking only at whose hands touch the tax revenue, rather than the source of the revenue and the language of the city charter, the City Attorney is able to conclude that this money is not a 'city resource.' That conclusion ignores the specific language in the new stadium law, which indicates that the sales tax is a "City of Minneapolis Sales Tax" (Article 3, section 1 title), and the sales taxes in question are "the sales taxes imposed by the city [of Minneapolis] under the special [1986 sales tax] law. (Article 3, section 1, subd 2(d).) The sales tax revenues must be remitted to the City, except that a portion is deducted to directly pay the City's share of the stadium costs.

"If the city did not impose these taxes, there would be no tax revenue for this funding. As specified in Section 4, subs.1, of the 1986 local sales tax law, "The tax authorized by this section must be imposed and may be adjusted periodically by the city council ..." The legislature mandated that the City impose the tax, and noted that it was a tax subject to adjustment by the City.

"The City Charter defines "city resources" very specifically in Chapter 15, section 13. It provides, "City resources are defined for these purposes as: . . . general fund expenditures, sales tax or other taxes. The use of city sales taxes is the use of a "city resource," triggering the referendum requirement.

"Although the legislature may preempt provisions of the Minneapolis Charter, both the legislature and the City remain bound by the bound by the Minnesota and U.S. Constitutions. The City Attorney's opinion correctly notes that a city charter can be preempted by the legislature. The legislature apparently intended the new stadium laws to preempt Charter Chapter 15, section 13. Whether it can succeed can only be answered by a Court. The attempted preemption occurs in the stadium law in Article 3, section 4, which is bolstered by the newspaper reports from the time this language was crafted, explains the legislative intent: that the Minneapolis City Charter requirements do not apply.

Under the Minnesota Constitution, "Any special law may be modified or superseded by a later home rule charter or amendment applicable to the same government unit, but this does not prevent the adoption of subsequent laws on the same subject." Such subsequent amendment has been attempted by citizens in the past. For example, Minneapolis voters tried to amend the Minneapolis Charter to prohibit taxation for a metropolitan sports facility, and to eliminate a hotel-motel liquor tax. In Davies v. City of Minneapolis, 316 N.W.2d 498 (Minn. 1982), the Minnesota Supreme Court agreed that the citizens had that power. The power to overturn a special law can be trumped by provisions of the U.S. constitution, and was in the Davies case. The issuance of bonds and signing of contracts triggered U.S. Constitution, Article 1, Section 10, which prohibits the impairment of contracts." The Court rejected the Charter amendment because the citizens failed to show that it was "reasonable and necessary to serve an important public purpose." If no bonds were sold, or a charter amendment served an important public purpose, a court might well reach a different result. One of the most important powers is the voters' right to vote, and the stadium attempts to remove this power from Minneapolis citizens. That, alone (or coupled with the confusing language of the new law) may cause a court to find that the Minneapolis Charter has not been preempted

[footnote] Although not a part of your question, another provision in the Minnesota Constitution places further restrictions on special legislation. Article 12, Section 1, prohibits the legislature from passing any special law "exempting property from taxation..." The new stadium law appears to do precisely that: Article 1, section 21, of the stadium law states "The stadium and stadium infrastructure are exempt from ad valorem taxation by the state or any political subdivision of the state. . . " That section further exempts from taxation "real and personal property which is subject to a lease or use agreement between the authority and another person for uses related to [sports facilities], including the operation of the stadium and related parking facilities.

Conclusion: The 2012 stadium bill is "special legislation" within the meaning of the Minnesota Constitution. As such, the City has the power to accept or reject the legislation. If accepted, any subsequent charter amendment to overturn it will face stiff challenges in court and will need to reflect a strong public purpose.

The stadium law also conflicts with the Minneapolis Charter. It appropriates City sales tax revenues and uses them to fund the stadium, which triggers the voter referendum provisions of Charter Chapter 15, Section 13. The legislature has the power to preempt the City Charter, but may not have authority to disenfranchise Minneapolis voters. [End of quote from Karen Marty's opinion]


Minnesota Statute 586.01 states that a writ of mandamus may be issued to any persons acting as a government body to compel the performance of an act that the law specially enjoins as a duty resulting from their office. Chapter 586.11 states that the District Court generally has jurisdiction in all cases of mandamus except where the writ is directed to a district court, or superior court.

The Minnesota Appeals Court has held in Demolition Landfill Servs., L. L. C. v. City of Duluth, 609 N. W. 2nd 278, 280 (Minn. App. 2000), review denied (Minn. July 25, 2000), “To be entitled to mandamus relief the petitioner must show three elements: (1) the failure of an official to perform a duty clearly imposed by law; (2) a public wrong specifically injurious to petitioners; and (3) no other adequate remedy.”


For the foregoing reasons, the Petition for Writ of Mandamus should be, in all respects, granted

Respectfully submitted

Dated: ____________________________________

By: Doug Mann

Petitioner acting pro se

3706 Logan Avenue North

Minneapolis, MN 55412

612 824-8800



State of Minnesota

District Court

County of Hennepin

Fourth Judicial District

Doug Mann, Petitioner,

v.                                                                                     Petition for Writ of Mandamus

Minneapolis City Council, Respondent. Case No. 27-CV-13-1302


   The above-named petitioner hereby petition this Court, pursuant to Minn. Stat. 586.01, et seq. , for a writ of mandamus, and in support thereof, states the following:

The petitioner is a registered voter who resides in the City of Minneapolis, MN and for a cause of action alleges the following:

1. The Minneapolis City Council, voted on May 25, 2012 to approve obligations imposed on the City of Minneapolis by the Vikings Stadium Act of 2012;

2. The Vikings Stadium Act, Chapter law 299 of the 2012 MN legislative session appropriates city sales tax revenues and uses them to fund the Vikings Stadium, including the contribution of $150 million (one hundred fifty million dollars) toward the construction of the new Vikings Stadium, and a minimal cost of $7.5 million (seven million five hundred thousand dollars) per year to pay for maintenance of the stadium;

3. The Minnesota legislature has the power to enact laws that appropriate revenues from taxes imposed on the entire state to pay for the stadium project rather than to rely heavily on City of Minneapolis sales taxes;

4. The Minnesota Constitution Article 12, sec. 1 states ". . . In all cases when a general law can be made applicable, a special law shall not be enacted except as provided in section 2. Whether a general law could have been made applicable in any case shall be judicially determined without regard to any legislative assertion on that subject;

5. The Vikings Stadium Act is 'special legislation' within the meaning of Article 12 of the Minnesota Constitution, sec. 2, which states: "Every law which upon its effective date applies to a single local a special law... The legislature may enact special laws relating to local government units, but a special law, unless otherwise provided by general law, shall become effective only after its approval by the affected government unit expressed by the voters or the governing body….";

6.  Chapter 15, Secs. 9 and 13 of the Minneapolis City charter invest the voters of Minneapolis with final authority to decide whether to incur a debt of more than fifteen million dollars and to use more than ten million dollars in city resources for a sports stadium. The City Council has an affirmative duty to provide for a referendum in such an event;

6. If it is the will of the citizens of Minneapolis, expressed by a majority vote in an election, to reject the use of Minneapolis sales tax revenues and other city resources to pay for the Vikings Stadium project, it may be the legislature's duty to ensure that contracts already signed by the Stadium Authority, which the act established, are not impaired;

7. A specific provision of the Vikings Stadium Act, Article 3, section 4, under the heading "Charter limitations, restrictions do not apply": is intended to preempt the Minneapolis City Charter and disenfranchise voters in Minneapolis, with language that is contradicted by another provision in the same law, and that conflicts with the powers vested in local government units by the Minnesota Constitution.

8. The legislature has authority to preempt home rule charters, within the constraints of the Minnesota and U.S. Constitution, general laws, and equitable principles. However, in this case, the legislature over-reached its authority with an attempt to disenfranchise the voters in Minneapolis;

9. Irrevocable harm will result in the form of disenfranchisement of the Petitioner and citizens of Minneapolis should a writ commanding the City to abide by its legal obligation to provide for a referendum on the use of City sales taxes and other city resources for a stadium project is not issued;

10. There is no other adequate remedy at law;

Wherefore, we petition the Court to issue an alternative writ of mandamus commanding the Minneapolis City Council to place on the ballot in the next general election on November 5, 2013 the question of whether the City of Minneapolis shall accept obligations imposed upon it by the Vikings Stadium Act of 2012, or to appear before this Court and show cause why it should not.



Doug Mann

Acting pro se

3706 Logan Avenue North

Minneapolis, MN 55412

612 824-8800   


I am awaiting the City Attorney written response to the writ, which is an important part of the narrative.

Memorandum of petitioner in reply to opposition of respondent: Here is what they sent back to the City Attorney.




   Civil Division


Doug Mann, Case Type: Other Civil

Court File No.: 27-CV-13-13029

   Petitioner, Judge: The Hon. Phillip D. Bush


Minneapolis City Council, Memorandum of petitioner

in reply to opposition of respondent

   Respondent, to petition for a writ of mandamus



In memorandum of opposition to the petition for writ of mandamus, Respondent overlooks two constitutional issues raised by Petitioner which are germane to this case. Minn. Const. Art. 12, section 2 gives local government units the power to refer approval of special legislation to the voters, and Minn. Const. Art. 12, section 4 enables local government units to be governed by a home rule charter. The legislature made no attempt to repeal a provision of the Minneapolis City Charter that requires voter approval of use of City resources for a stadium in excess of ten million dollars. Therefore, the legislature exceeded its authority under the Minnesota Constitution by directing the Minneapolis City Council to approve the Vikings Stadium Act within a timeframe that did not allow for voter approval. Petitioner further alleges that the legislature incorrectly asserted that Minneapolis City Charter provisions requiring a referendum do not apply because local-option sales tax revenues are not local resources within the meaning of any law or charter provision. Petitioner's status as a voter and tax payer is sufficient to confer standing because the harm to his interests are reasonably connected to the failure of a public official to perform an action required by law and can be remedied by the performance of that action, and because Petitioner asserts that the cause of action is directly connected to an exercise of legislative power which exceeds Legislature's constitutional authority.


Respondent challenges the standing of Petitioner to obtain mandamus relief, citing a generally applicable standard. However, in Minnesota Courts, a different standard applies when the plaintiff asserts that an action of public officials represents an unlawful exercise of the power to tax and spend.

   Petitioner alleges that his interests are harmed by an action of the Minneapolis City Council which denies him the right to vote on the imposition of taxes and appropriation of local tax revenues for a professional sports facility under circumstances where the Minneapolis City Council is required by law to put a referendum on the ballot, and that a writ of mandamus commanding the City to put a referendum on the ballot to approve the use of city resources for a professional sports facility in the general election of 2013 is the only adequate remedy.

   In the scheduling order, Doug Mann v. Minneapolis City Council, case no. 27-CV-13-13029 dated July 16, 2013, District Court Judge Phillip D. Bush ordered that "Plaintiff shall serve the Minnesota Attorney General within 7 days of this order since Plaintiff is asserting that the Legislature exceeded its constitutional authority."

Assertions by Petitioner which are germane to the issue of standing in this case:

1)  In the Vikings Stadium Act (Chapter 299 of the 2012 legislative session laws) the legislature exceeded its constitutional authority by forbidding the exercise of a power expressly granted to local governments under Article 12, section 2 of the Minnesota Constitution, which is the power to refer the approval of special legislation to the voters in a referendum.

2) The legislature erred in its assertion that City of Minneapolis, local option sales tax revenues are not "City resources" within the meaning of the charter or any other law. As a consequence, the legislature's directive to the city council to not refer approval of the Vikings Stadium Act to voters in a referendum exceeded its constitutional authority not only under Article 12, section 2 for the reason given in the preceding paragraph, but also Article 12, section 4 of the Minnesota Constitution, which invests local governments with the power to adopt home rule charters that may require a referendum under specific circumstances. The Minneapolis City charter has two provisions that restrict the City's ability to incur debt and to use city resources to pay for a stadium / professional sports facility without voter approval.

In Minnesota Courts, a plaintiff has standing to seek mandamus relief without showing greater harm to him than the public at large if the plaintiff alleges unlawful exercise of the power to tax and spend. The issue of taxpayer standing is addressed in the following four paragraphs from OLSON v. STATE, No.A06-2324., December 18, 2007 - MN Court of Appeals:

   [W]hile the activities of governmental agencies engaged in public service ought not to be hindered merely because a citizen does not agree with the policy or discretion of those charged with the responsibility of executing the law, the right of a taxpayer to maintain an action in the courts to restrain the unlawful use of public funds cannot be denied.

   In contrast with standing rules in federal courts, it is generally recognized that a Minnesota taxpayer has a broader basis for standing than a litigant in federal court. Id. at 570. As early as 1888, the Minnesota Supreme Court held that taxpayers may bring an action to compel county officers to perform their public duties. State ex rel. Currie v. Weld, 39 Minn. 426, 428, 40 N.W. 561, 562 (1888). In 1928, the Minnesota Supreme Court stated, “it is well settled that a taxpayer may, when the situation warrants, maintain an action to restrain unlawful disbursements of public moneys.” Oehler v. City of St. Paul, 174 Minn. 410, 417-18, 219 N.W. 760, 763 (1928).

The supreme court has also more recently reaffirmed the requirement that the party seeking to challenge legislative action on the basis of his status as a taxpayer must have more than just a disagreement with a discretionary decision. See In re Sandy Pappas Senate Comm., 488 N.W.2d 795, 798 (Minn.1992) (finding that a citizen did not have standing solely as a taxpayer to file a claim seeking judicial review of an election board's disposition of a campaign violation).

In Rukavina, we acknowledged that taxpayer status alone does not confer standing. 684 N.W.2d at 531. Simple “disagreement with policy or the exercise of discretion by those responsible for executing the law” does not supply the “unlawful disbursements” or “illegal action” of public funds required for standing to support a taxpayer challenge. Id. When the taxpayer's individual challenges to the state action “are based primarily on appellants' disagreement with policy or the exercise of discretion by those responsible for executing the law,” they are insufficient to confer standing. Id.

More restrictive criteria for determining taxpayer standing in the federal courts do not apply to actions that fall under the jurisdiction of the Minnesota Courts inasmuch as: "A state may grant greater rights to its citizens than are granted by the US Constitution; however, a State Constitution may not limit or take away rights granted or protected by the US Constitution." Kent Law School: Sources of law (lecture notes) top of page 2:

   However, even using the more restrictive criteria used by federal courts for determining taxpayer standing, Petitioner has met the burden of showing he has standing to seek mandamus relief. In Flast v. Cohen, 392 U.S. 83 (1968), the U.S. Supreme Court held that a taxpayer has standing to sue the government to prevent an unconstitutional use of taxpayer funds, and set forth a two part test to determine whether a plaintiff has standing to sue. First, by virtue only of his liability to pay taxes, "a taxpayer will be a proper party to allege the unconstitutionality only of exercises of congressional power under the taxing and spending clause of Art. I, § 8, of the Constitution." *479 Id., at 102, 88 S.Ct., at 1954. Second, the Court required the taxpayer to "show that the challenged enactment exceeds specific constitutional limitations upon the exercise of the taxing and spending power and not simply that the enactment is generally beyond the powers delegated to Congress by Art. I, § 8." Id., at 102-103, 88 S.Ct., at 1954."


   The question of whether the legislature has authority to repeal any provision of a home rule charter is purely academic because the Vikings Stadium Act involved no attempt to repeal any provisions of the Minneapolis City Charter. However, this issue will be examined here because it is raised in arguments advanced by Respondent.

   The Vikings Stadium Act and Chapter 15, sections 9 and 13 of the Minneapolis City Charter deal with the use of City of Minneapolis, local-option sales tax revenues, and the issue of whether voter approval is required when city tax revenues are used to fund a stadium project. The City Attorney's office advances two basic arguments:

1) Chapter 15, sections 9 and 13 of the Minneapolis Charter provisions don't apply / are not triggered by the Vikings Stadium Act, because under the Act, the City of Minneapolis shall not issue bonds, and therefore shall incur no debt; and because the Vikings Stadium Act assigns control of local-option sale tax revenues to the state as needed to repay the City's share of State-issued bonds and cover the City's share of other costs, City of Minneapolis, local-option sales tax revenues are deemed to not be city resources within the meaning of any law or charter provision.

   2) Even if, for the sake of argument, one grants that a Minneapolis Charter provision which requires a referendum is triggered by the Vikings Stadium Act, the legislature's intent was to over-ride / circumvent it. After all, the legislature has the power to repeal local laws. Although the Viking Stadium Act does not expressly forbid a referendum on the use of these tax revenues to fund the stadium project, it does direct the City Council to approve the legislation. Moreover, as the lawyers representing the City Attorney point out in their brief, on page 9: "...The stadium legislation did not allow for approval by submitting the question to the voters for a referendum (nor was this even possible given the 30 day timeframe allowed by the legislation for local approval.)"


   Minnesota Constitution Article 12, section 2

Every law which upon its effective date applies to a single local government unit or to a group of such units in a single county or a number of contiguous counties is a special law and shall name the unit or, in the latter case, the counties to which it applies. The legislature may enact special laws relating to local government units, but a special law, unless otherwise provided by general law, shall become effective only after its approval by the affected unit expressed through the voters or the governing body and by such majority as the legislature may direct. Any special law may be modified or superseded by a later home rule charter or amendment applicable to the same local government unit, but this does not prevent the adoption of subsequent laws on the same subject. The legislature may repeal any existing special or local law, but shall not amend, extend or modify any of the same except as provided in this section.

Please note that in the second sentence in the above paragraph, there is a coordinating conjunction - and - which separates two dependent clauses: A special law ". . . shall become effective only after its approval by the affected unit expressed through the voters or the governing body and by such a majority as the legislature may direct. . ." (emphasis added) If the "and" were deleted from that sentence, it would grant the legislature the right to determine both the method of approval and the majority required for approval. However, Article 12, section 2 as written does not invest the legislature with the right to determine whether approval of special legislation by the affected unit will be expressed through the voters or by the governing body. By directing the City Council to approve the Vikings Stadium Act and not giving it the option of referring approval to the voters in a referendum, the Legislature exceeded its authority under Minnesota Constitution Article 12, section 2.

The power of the Legislature to repeal provisions of local home rule charters is not without constitutional constraints, and one of those constraints is a grant of power by the Constitution to local government units to refer approval of special legislation to the voters in a referendum. Moreover, the legislature generally has the authority to preempt local laws without local approval by enactment of general legislation.

   "Under Const. 1857 Art. 4 section 36 providing that any municipality may frame its own charter subject to and in harmony with the state constitution and laws and within general limits prescribed by legislature, but that the legislature has power to provide general laws which relate to city affairs and which are paramount to any provisions in such charters dealing with like subject matter, power given to citizens by virtue of home rule charters is subject to the paramount power of the legislature and may be superceded or abrogated whenever legislature sees fit to exercise power reserved to it. Western States Utilities Co. v. City of Waseca 1954, 252 Minn. 302, 65 N.W.2d 255"

"Minn. Const. [1857] art 4, section 36 specifically preserves the right in the legislature to provide general laws paramount to home rule charters. See State ex del. Smith v. City of International Falls, 132 Minn. 298, 156 N.W. 249; State ex del. Erickson v. Gram, 169 Minn. 69, 210 N.W. 616." Cited in  Monaghan v. Armatage, 15 N.W.2d 241

   "Pursuant to Const. 1857, Art. 4 section 36, the legislature could, by enactment of general laws, modify or withdraw any powers entrusted to a city with a home rule charter. Minneapolis St. Ry. Co. v. City of Minneapolis 1950, 229 Minn. 502, 40 N.W. 2d 353 appeal dismissed 70 S.Ct. 574, 339 U.S. 907, 94 L.Ed 335"

"Legislature may repeal any special or local law, may amend any special or local law by general law, may repeal any part thereof by general law, but cannot repeal a special or local law in part by a special law. Op. Atty. Gen. [of MN], 375, Feb 24, 1933" Cited in Minnesota Statutes Annotated, Article 12, section 1, page 387, bottom of the first column.


   Notwithstanding legislature's assertion to the contrary, Local-option sales tax revenues are "city resources" within the meaning of Minneapolis City Charter, Article 15, section 13

"[Chapter 299 of the 2012 session laws] Article 3, section 4. CHARTER LIMITATIONS, REQUIREMENTS NOT TO APPLY

   Any amounts expended, indebtedness, or obligations incurred including, but not limited to, the issuance of bonds, or actions taken by the City under this act, are deemed not an expenditure or other use of city resources within the meaning of any law or charter provision. The city may excursive any of its powers under this act to spend, borrow, tax, or incur any form of indebtedness or other obligation for the improvement, including, but not limited to, acquisition, development, construction, or betterment of any public building, stadium, or other capital improvement project, without and regard to any charter limitation, requirement, or provision, including any referendum requirement. Any tax exemption established under this act shall be deemed not an expenditure or other use of city resources within the meaning of any charter provision."

If the Minneapolis Charter doesn't apply, approval of Article 3, Vikings Stadium Act by the City Council without referring it to the voters for approval would not conflict with the City Charter, nor would the legislature's directive to the City Council to disregard any Charter provision. However, the primary source of funding for the City's obligations are local-option sales tax revenues, which are clearly "city resources" within the meaning of the Minneapolis City Charter, Chapter 15, section 13, which states:

   Minneapolis City Charter, Chapter 15, section 13

   The City of Minneapolis, Minneapolis Community Development Agency, or any city department, agency, commission, or board, shall use no city resources over ten million dollars for the financing of professional sports facilities without the approval of a simple majority of the votes cast on the question, in ballot question put to the public at the next regularly scheduled election. City resources are defined for this purpose as: Tax increment financing, bonds, loans, land purchase or procurement, land or site preparation, including necessary infrastructure such as roads, parking development, sewer and water, or other infrastructure development, general fund expenditures, sales tax or other taxes, deferred payments, interest-free or below market interest rate loans, the donation or below market value sale of any city resources or holdings or any other free or below cost city services. The ballot question shall not be put before the public in a special election, in order to prevent the costs associated with special elections [emphasis added].

   The assignment of local-option sales tax revenues by the City to the State of Minnesota under the Vikings Stadium Act will indeed place local sales tax revenues required to fund the City's share of the costs outside of the control of the City government, however there can be no reassignment of sales tax revenues by the City to another entity unless the City is entitled to control said revenues in the first place. Although the State of Minnesota will issue bonds to cover the city's share of stadium construction costs, the city is responsible for the repayment of its share of those bonds. Local sales tax revenues necessary to cover the City's obligations to repay bonds issued by the State of Minnesota shall be credited to the City.   

   Below is an email message from Carol Becker, elected member of the Minneapolis Board of Estimate and Taxation, regarding the character of local sales taxes, posted on the Minneapolis Issues Forum, a public online forum:

From: Carol Becker

Subject: Re: [Mpls] Cancer growing around the Wilf Sports Palace

Date: July 24, 2013 7:27:23 AM CDT


Tony Scallon wrote:

"1.       The Stadium Debt is state debt not Minneapolis debt. This is extremely important. Also, the sales tax is collected by the state and then dedicated as per law. This may sound technical but in terms of debt and bonding very important."

Not to quibble with Tony but the third sentence is incorrect. Local-option sales taxes are exactly that, sales taxes enacted at the option of local government, per 297A.99. The state gives local units the ability [to impose them] but they are authorized at the option of local governments. It is clear that the tax is a local, not state tax. As far as collection goes, the state collects the tax on behalf of the local unit of government. It doesn't have to be that way - in many states, the local unit of government collects its own tax just like it collects its own property taxes. In Minnesota, it was set up to have the state collect the tax simply for the ease of administration. There is a contract between the City and the State that lays out the provisions of this relationship - how the State will collect the tax on behalf of the City. I know because when I was the manager of the sales taxes for the City of Minneapolis, I made changes to that contract to have the State send the money faster, thereby increasing the amount of interest we as the City could earn. Made the City about $100K a year by that change. But that contract clearly specifies that the state is providing a service to the City by collecting the City's sales taxes. Not that these are state revenues that the state is providing to the City.

   And it is correct, whoever issues debt owns the debt. Debt issuance and funds to repay debt are two different questions and repayment funds can come from anyplace and any level of government.

Carol Becker


In an information brief, "Local Sales Taxes in Minnesota," the Research Department, Minnesota House of Representatives, the following is written:

   Steps That a Local Government Must Follow to Impose a Local Sales Tax

   In order to impose a local sales tax, a political subdivision must obtain legislative enactment of a special law authorizing it to do so by taking the following steps (in the order listed):

   1. The governing body of political subdivision must pass a resolution proposing the tax stating (at least) the:

   a. Proposed tax rate,

b. Amount of revenue to be raised and its intended uses, and

c. Anticipated date that the tax will expire

   2. The proposed tax, then, must be submitted to and passed by of the voters at a general election held at least 90 days after the resolution was passed. The political subdivision may not expend money to advertise or promote the tax.

   3. The political subdivision must request and the legislature must enact a special law authorizing imposition of the tax.

   4. The political subdivision must pass an ordinance imposing the tax and notify the Commissioner of Revenue at least 90 days before the first day of the calendar quarter on which the tax is to be imposed.

Source: Page 2, House Research Department; Local Sales Taxes in Minnesota, updated January 2012

   As of January 2012, voter approval was required in 17 of 23 currently imposed local sales taxes, with exceptions to the rule being the sales tax authorized by Duluth in 1973, by Minneapolis in 1986, by St. Paul in 1993, by Brainerd in 2006, and by Hennepin County in 2006. Voter approval was required for all 4 local sales taxes that were imposed but have expired, for 10 of 11 authorized sales taxes that were never imposed, and 3 of 4 local sales taxes authorized but not yet imposed. See: Tables 1 through 4, on pages 7 through 11, House Research Department, Local Sales Taxes in Minnesota.


   For the foregoing reasons, the Petition for Writ of Mandamus should be, in all respected, granted.

   Respectfully submitted by

Dated: August 13, 2013 __________________

   Doug Mann

   Petitioner pro se

   3706 Logan Avenue North

   Minneapolis, MN 55412

   612 824-8800


Here are some other comments from Doug on the venerable Mpls e-democracy listserv about what the city attorney sent out:

City Attorney: You all don't have the right to vote on stadium taxes: Minneapolis Issues Forum:

This morning I received the City Attorney's memorandum in opposition to a writ

of mandamus commanding the city to put on the ballot a referendum on Vikings

stadium taxes. It offers nothing new on the main issues.

In my petition and memorandum I did not address the City Attorney's earlier

assertions about the power of the legislature to over-ride the city charter. A

review of the cited case law shows some serious defects in their argument,

which I hinted at, but they didn't take the hint. The City Attorney, in last

year's memorandums cherry picked paragraphs supporting their assertions, and

omitted all pronouncements by the Court on the issue that is decisive in most

of the cited cases: The power of the legislature to pre-empt local laws by

"general" laws without local consent. The legislature may repeal local laws

that not in harmony with general laws and the Minnesota constitution. But the

Vikings stadium act did not attempt to repeal the stadium provisions in the

charter. The Vikings Stadium Act asserted that the charter does not apply

because the local-option sales tax revenues are not "city resources" because

the sales tax revenues required for bond payments and upkeep on the stadium

will not be remitted to the city. The funds won't be under the city's control.

Nothing new there.

The new, yet unsurprising part of the City Attorney's brief is the contention

that "Petitioner cannot show sufficient injury to entitle him to mandamus


"Petitioner is only entitled to mandamus [relief] if he can show a public wrong

especially injurious to him and that he will benefit from an order compelling

performance of the statutorily imposed duty. Friends of Animals & their Env't

(FATE) v. Nichols, 350 N.W.2d 489, 491 (Minn. Ct. App. 1984); see also

Hollingsworth v. Perry, S.Ct. 2652, 2662 (2013) (reaffirming that under federal

law a litigant lacks standing when claiming only harm to his and every citizens

interest in the proper application of the Constitution and laws, and seeking

relief that no more tangibly benefits him than it does the public at large. To

have standing to maintain a suit, an individual must show an "injury to some

interest, economic or otherwise, which differs from the [injury] to the

interests of other citizens generally." Vern Reynolds Constr., Inc, v. city of

Champlin, 539 N.W. 2d 614, 617

Two points in rebuttal:

Mandamus relief allowed under federal law is one thing. Mandamus relief allowed

under Minnesota law is another. As a rule, States may not be more restrictive

in granting rights than the federal government, however a state may be more

expansive in granting rights than the federal government. (I think I can find

support for this in the US constitution). Mandamus relief is being sought under

Minnesota law, not federal law.

It is likely I will find language in the federal voting rights act, something

to the effect that "each voter is uniquely harmed" by the application of laws

that disenfranchise them. I expect to find that language because the intent of

that legislation was to give any wanna-be voter standing to file a lawsuit to

secure rights for themselves as well as others similarly effected by

legislation that disenfranchises otherwise qualified voters. Moreover, what is

at issue is not disenfranchisement in general, but disenfranchisement in a

special case that assures benefits to a small minority of Minneapolis residents

at the expense of the large majority.

Mann for Mayor (website)

Mann for Minneapolis Mayor

-Doug Mann, Folwell neighborhood, northside of Minneapolis

Anyway I will leave it there for now, but I think it's good to get the full text of these filings out of the obscurity of Facebook. Please pass this on to interested parties, as relatively few people know that this petition is in the mix. If it were truly "frivolous" it would have been nixed by the judge already.

Disclosure: Some years back I did technical organizing work for the current Minneapolis City Attorney, Susan Segal, in a preliminary political campaign for Hennepin County Board.

Alcohol comes to Pine Ridge reservation after White Clay battle

It is disappointing to hear that Pine Ridge Reservation voted to resume selling alcohol after so many had fought against it - and this is no doubt pleasant news for the people that profit from the war on drugs, like alcohol companies. I also just saw ads about four new bars opening at Mystic Lake here in Minnesota.

It is too bad, unfortunately the American Indians are only one example of how chemical dependency is fostered by corporate America through billions of dollars in advertising.... Another massive subsidy, the stadiums hosting booze ads, will be touched on shortly.

In late June: Oglala Lakota Nation President VS Nebraska State Police June 17, 2013 - YouTube

Breaking News: Oglala Sioux Tribe President Arrested During Protest in White Clay | Earth First! Newswire

Oglala Sioux President Arrested at Whiteclay Protest -

A Dry Reservation Clashes With Its Liquor Store Neighbors : NPR

Now: Pine Ridge Reservation Votes to End Alcohol Ban - "Chief Duke said that he expected the easier availability of alcohol to lead to a sharp rise in violence, which will challenge a department whose 37 officers are responsible for patrolling an area larger than Rhode Island and Delaware combined.... Chief Duke said he finally gave up alcohol when he turned 31. But alcohol’s ill fortune caught up to some members of his family. Two of his daughters, he said, were killed in drunken-driving accidents in the 1990s."

Also: Pine Ridge Reservation Lifts Century-Old Alcohol Ban : The Two-Way : NPR // It's official: Pine Ridge Reservation legalizes alcohol in historic referendum


Sarcasm memes are emerging on Minneapolis internets from Minneapolis AIM:

pine-ridge2.jpg pine-ridge3.jpg


Via Tasunke Wakan:

"If the People Who voted yes on the Oglala Homelands to Legalize alcohol sales win the Ethnic cleansing by the Wasicu has succeeded. The Wasicu no longer needs to come and kill us with his Armies he now has the mni sica (bad water) to do his work for him. More people will now die from from alcohol related deaths and illnesses. Drunk drivers will kill innocent people on the highways and Sexual and physical abuse will increase, along with the crime rate. Also elderly abuse and child abuse along with suicides will increase. Read Black Elk's vision in the book Black Elk Speaks he fortells of this time and how the dark cloud covered the people. That time is now!!!!!! But in the end only the people who follow the original ways will survive according to his vision."

via AIM of Twin Cities & AIM Patrol of Minneapolis - Now What To Do With All The Millions In Alcohol... - AIM of Twin Cities & AIM Patrol of Minneapolis: "This was posted from AIM Grassroots."

Now What To Do With All The Millions In Alcohol Money On Pine Ridge

By Scott Barta
Just like most of america, the majority of users of alcohol on the oglala Lakota "Sioux" Pine Ridge reservation suffered tragic childhood trauma and only use alcohol to numb their pain, their denial, their fear of exposure - whether raped, beaten, or verbally abused by parents/grandparents/brothers/uncles/neighbors.
What to do now?
Each of the nine districts will now get liquor stores no doubt, regulated by a tribal department. This will create jobs temporary employment for construction workers who must build the facilitie and provide jobs for all the new employees that must be hired by the tribe to run the stores.
What is needed most on Pine Ridge?
Currently, a plague is destroying american Indian reservations, and Pine Ridge is no different then the rest. Young men between the ages of 18 and 36 are being ignored and cast away by the tribes - often thrown away into the court and jail systems.
These 18-36 year old males are being denied their right to manhood - providing for themselves and their families, usually by possessive mothers/grandmothers who continue to enable and cripple these young men. In effect, they refuse to cut the embilical cord or ween the child from the teet - under the excuse of "compassion" and "generousity".
The worst thing for a man is thinking and feeling that he is inadequate, useless, unable to provide - it tears at the heart. He will not admit it and not ask for help, buyt he will ache inside until his next drink, his next drug. Often they lash out in macho attempts (gang, fighting, etc.) to try to cover thier inadequacies which compounds the problems.
18-36 year old males are allowed to stay at mom's or grandma's house - often not even required to wash a single dish or take out a bag of trash. The boys have girlfriends, all hickey-ed-up, shacking up with them, getting them pregnant; then pretty soon they break-up and then you have single moms raising unwanted kids.
18-36ers use moms/grandma's car, go drinking/drugging, then wreck the car, get thrown in jail - then mom/grandma BAIL THEM OUT for $400 (so much for groceries and bill-paying that week), all so they can come back and flop at the house until their next dramatic cry for help goes unanswered.
This alcohol profits, instead of going to all the tribal council members for new pick-ups, must go to training camps in each district for all 18-36 year olds who are not working full time and not living on their own. Sales profits can be used to hire builders to construct small cabins or erect tents/Tipis in a "Manhood Training Circle" where the boys stay, eat and live communally - available for any work delegated to them. "Manhood Training Circle" Staff must be hired to coordinate who comes in requesting assistance from the boys for building garages, bailing hay, basic plumbing/electrical jobs, hauling jobs, etc.
Experts can come in and give job/employment trainings, spiritual insight, wisdom and encouragement throughout the day to the campers - all guiding them to becoming providers for their nation.
IT IS NOT TOO LATE TO FIX THE NATION, it is not too late to save our young men.

Anyway will leave it there for now, but also add info on the lawfulness of the subsidized hub of booze advertising, the quasi-illegal Minneapolis Vikings stadium...

University of Minnesota to test new Light Rail electromagnetic scenarios late at night

This is sort of cool. Went out to U students just recently. I am hoping the Green Line is activated ASAP!! Still moar cables to install in downtown St Paul dangit. On with the show!

From: Vice President Pam Wheelock <>
Date: Mon, Aug 5, 2013 at 4:07 PM

Good afternoon.

I have two important items regarding the Green Line Light Rail Transit line to share with the campus community.

Overnight Train Testing to Begin

Overnight train testing on the Green Line Light Rail Transit line (formerly known as the Central Corridor) will begin this week and is expected to continue until late September. During the testing, trains will operate through the overnight hours and will move through campus at operational speeds. The cooperation and assistance of the entire campus community is needed to maintain safety and to ensure the integrity of the testing.

This testing for Electromagnetic Interference (EMI) and Vibration will occur between 1:00 a.m. and 5:00 a.m. starting Thursday, August 8. During these late night hours, the University will need to limit building operations, and roads and sidewalks will be closed in order to ensure we have the quietest environment possible. This quiet environment is necessary in order to isolate the train vibrations and EMI from the existing background conditions. Please note that these closures and operational limits are ONLY during the late night hours.

More detailed information on the overnight train testing is available in the following .pdf documents:

Overnight Train Testing General Information Fact Sheet
EMI Certification Fact Sheet
Vibration Certification Fact Sheet

Washington Avenue Bridge Closure

In order to complete the final construction items on the Washington Avenue Bridge, the Met Council will close lanes on the vehicular level of the Bridge over the next two weeks. There will be no impacts to the pedestrian level of the Bridge.

The eastbound lane of the Washington Avenue Bridge will be closed from August 12 through August 16. The Metro Transit bus stop at Blegen Hall will be closed. Bus riders will instead use the Cedar/Washington Avenue bus stop.

The westbound lane will be closed from August 18 through August 23. The bus stop for Metro Transit and University of Minnesota Campus Connector at Willey Hall will be closed. Instead, bus riders will use the stop located at the 3rd Street Ramp, west of Cedar Avenue for Metro Transit Buses and the bus stop at the southeast intersection of 19th Avenue and 2nd Street for the University of Minnesota Campus Connector.

More detailed information on the bridge closure is available in the following .pdf documents: Met Council Central Corridor Construction Update

This message was approved by the Vice President for University Services of the University of Minnesota and sent to all Twin Cities students, faculty, and staff.

Massive Minnesota Tar Sands Enbridge Line 67 called out by Rep. Hornstein for invalid Certificate of Need at MN Public Utilities Commission; Utah make total win; Felix & Michigan Cats win vs Enbridge Line 6B today!

Set yr hashtags for #fearlessSummer #summerheat cause it's on! Enbridge is a Canadian corporation trying to nail down a disastrous and indeed genocidal tar sands pipeline from Alberta Canada. This would be bigger than the infamous Keystone XL.

Great starting article based on latest events: Climate activists to fossil fuel industry: ‘If you build it, we will come’ by Camila Ibanez.

On the Minnesota front first: It's a bit of a complicated regulatory story - for a rundown and action items start here:

Posted just now on about this with more detailz, plz check it out -

See earlier: (July 18)

Related lines (but not Line 67) are blockaded outside Leonard MN and the camp is awesome. Follow on fedbook: - Background story:

Fortunately just found out today, State Rep. Frank Hornstein has at least gone on record that the Certificate of Need is total BS. He's a pretty good guy.


Here is a backgrounder on the tar sands world market mechanisms from Al Monaco CEO of Enbridge: indicating Hornstein is indeed correct and Enbridge is lying in the MN Certificate of Need.


In related developments in Utah: Efforts to scatter investors from the potential first US tar sands mine have gotten tons of traction and lots of nifty direct action! and on twitter @Peace_Up_ and also . Here is the full reportback from @uneditedcamera - please read it!

Just a fantastic video from our dear colleagues! Please pass it on, best direct action in Utah video evar?!

Lol direct action zaps already almost worthless 'penny stock' - take that Capitalist herd navigating betwixt fears & greeds! .

TICKER: and great headline: "US Oil Sands stock drops 13% day nonviolent direct action shuts down mine".


In Michigan today something's been going on all day with Michigan Cats! These Lolcats just got the goods with Non Violent Direct Action! On FedBook:

main post / live blog: on tweeter:

This morning, MICATS is taking direct action in the Crane Pond State Game Area to halt expansion of Canadian corporation Enbridge Energy’s tar sands pipeline 6B with an aerial blockade.

LIKE and SHARE if you stand in solidarity with impacted communities, ‪#‎MICATS‬, and all those resisting tar sands infrastructure.

Check out our LIVE updates on our blog!

michigancats2.jpg michigancats1.jpg


California Wut? Also via @revfredsmall "Fantastic 7-min interview w/ my 90yr-old mom arrested at #SummerHeat Richmond Chevron @KALW #CrossCurrents (:59-8:00) " - San Fran Chronicle Ecuador communities speak out : . via @carriem213: sit in to get arrested vs fossil fuels . DNow snippet about 200 arrested:

Well it is just great to see things firing on so many cylinders on this issue. Good luck everyone!!!

UPDATE: left out a few things. Oglala Lakota president Brewer arrested in human blockade at White Clay Nebraska - .

IDAHO: About 100 in Nez Perce Tribe maintain 2.5 hour rolling roadblock despite 40-50 police officers. Moar here: . some more updates here:

Money Warz: Emperor Pipeline, Darth Banker, Luke Whistleblower & Chomsky wan Kenobi & The Trans-Pacific Partnership Death Star need yr help!

Here is a fun art project against the evil Trans Pacific Partnership treaty of Doom! Please pass the word or a couple bucks for Money Warz, a street art performance getting the Occupy Wall Street band back together on the 2nd anniversary, Sept 17 2013 - the goal is $1000 or moar... If they can get up to say $4K things could really get epic.

See earlier: July 22nd: Trans Pacific Partnership discussion & community QA with Keith Ellison, IATP & MN Fair Trade Coalition. Malaysia Round starts July 15 | [I have suggested including to Ellison to post a simple bill that would ban the US trade representative from having secret files - hopefully others can pick up on the idea!]

Fortunately, much of the gear for this project including the Nosferatu mask & around 100 money trooper masks have already been created, but can be creatively extended and remixed for great lulz. Some of the puppets have already been used for great success in Albany and elsewhere - the money troopers of the Didactic Empire were the honor guard for a marriage between a corporation and a politician, which defined corporatism in widely carried stories on corporatism and campaign finance in May 2013.

Here's a blurb:


The one percent have a dream - a global corporate coup called the Trans-Pacific Partnership (TPP) - a secret trade deal to be fast tracked into law in October, no debate or amendment. And neither the public nor the media have been permitted to see this NAFTA on steroids - just the 600 corporations that are quietly writing it behind closed doors! This is what plutocracy looks like.

Please support our kickstarter to fund a huge theatrical spectacle in Times Square on the 2nd anniversary of Occupy Wall Street, to force attention and build awareness - while we still can.

Money Warz, a Star Wars parody, presents:

Thank you!

Elliot and Ted


Check out a few pics of these epic puppets designed and built earlier by Elliot, showing the general visual style of these amusing political icons. They remind me of Heart of the Beast & MayDay in Minneapolis.

fossil.jpg gmo.jpg

This Statue of Liberty is great - I'm near the original plaster cast for it right now!


The money troopers guarded Mitt Romney, Obama and the Monopoly Man in Times Square on Election Night 2012.


I approve the Fossil Fool!


By the way, related predecessor project. Here is the video of the Pyramids at Another End of the World Part One:

And some other related material like the Tax Dodgers which made it into the Cooperstown NY National Baseball Hall of Fame...

tax post o good.jpg tax duo good.jpg bull on a stick uptown.jpg

And see earlier - the thumbnail AP, even Capt. Ray Lewis was there: Anti-fracking groups rally in Albany, urge ban. Anyhow I think the TPP project is definitely worth supporting and would be a good way to reach lots of people through humor.

VIDEO: Minneapolis Rally #Justice4Trayvon #Justice4Terrance

Here is live video from #justice4trayvon #justice4terrance rally Sat night ~12:30AM in Downtown Minneapolis >> (creative commons - interview w Mel Reeves!) - several FB events for Monday >>

Minneapolis residents hit the streets after Zimmerman acquitted in Florida murder trial. On Friday there was another march for late Terrance Franklin, killed by Minneapolis Police Department May 10th with five bullets to back of head according to a family member.

Video has several interviews including with Mel Reeves @ 17:20who has called for a rally on Monday at Hennepin Co. Government Center (Peoples Plaza). NOTE I heard earlier it was on SUNDAY but there is NOT a rally at Plaza on Sunday according to Mel.

Upcoming events - several posted: :/

Filmed shortly after midnight Sunday July 14th

Original via here: - please subscribe for more videos.

Canadian First Nations - Shut Down the Tar Sands Highway! Taconite Mercenaries appear in Wisconsin

A network of direct action camps - and indeed a network of networks - continues to spread across North America uniting Natives, First Nations, meddling kids, even ranchers and activists vs corporate exploitation. Mercenaries have appeared in northern Wisconsin to protect dangerous & widely opposed taconite mining operations as well. As Winona LaDuke has highlighted, militarization of the fossil fuel scenario in the US & Canada is moving full speed ahead.


Published on Jul 8, 2013

On July 6, 2013, hundreds of people gathered at the 4th Annual Tar Sands Healing Walk in Fort McMurray Alberta. During the Walk it was announced that a major oil spill occurred on the Athabasca River flowing into the Lake Athabasca in the Indigenous Community of Fort Chipewyan.

Later that evening at the Celebration Feast for the Healing Walk, Gitz Crazyboy of the Athabascan Chipewyan First Nation announced a call for action to stop traffic on Alberta highway 63 on August 24th, 2013.

Highway 63 is the main artery which carries workers to the Tar Sands production sites North of Fort McMurray.

The Youth of the Dene Nation are calling out for support to help them demonstrate to Industry and the Governments that the Tar Sands must be stopped for the sake of the future generations. On August 24th, 2013, join them by coming to the action in Fort McMurray or plan an action in solidarity with their plans.

For more information visit
or call Lionel Lepine
at 780-838-8384


Main site:

Related in Minnesota, please follow: - going strong for months!


The Yinka Dene Alliance issues a cease-and-desist letter to Enbridge, saying their member's territory comprises 25% of the proposed Northern Gateway pipeline route.
BREAKING: The Yinka Dene Alliance warns the Enbridge against trespassing in their traditional territories as they seek temporary permits for drilling and tree removal.

In a news release issued this morning, the Yinka Dene Alliance said it has sent a cease-and-desist letter to Enbridge.

The alliance says its members' territories make up 25 per cent of the proposed pipeline route.

‎#idlenomore ‎#enbridge ‎#tarsands


N Wisconsin Mercenaries: Some URLs on the Northern Wisconsin thing: it looks like Iran Contra is breaking out in northern Wisco or something :[


Join ICTV on a walk into the Penokee Mountains Heritage Park with relatives and grandchildren to take pictures of drill site #6 about 1 mile from the Lac Courte Oreilles Ojibwe Treaty Harvest and Education Camp on Moore Park Road in Iron County Wisconsin. #RFKvisitPenokeeHills photos by Rob Ganson


tumblr_mpmf8mqcx41s7r7rso1_1280.jpg mercenaries in wisconsin

Also side note - people rising up in California prisons:

Resistance is fertile!

Backstories & Backbones; Security of US Emergency Alert System (EAS) is crap & spoof zombie apocalypses not very difficult apparently; #OpNSA NSA PRISM tunnel servers may be getting noticed; Joe Naccio & NSA revisited

Oh For Facks Sake. All this big government/police state techno-crap is so often easily hacked in some way, which means the Awesome Emergency Powers of Teh Govmints are easily subverted by the Baba Booey fans of the world, or zombie apocalypses as the case may be. Indeed quite possibly all this NSA crap is starting to get hacked (and not just by activists but cynical commercial weasels) and since it's all backdoored to everything and everyone's mom, everyone gets screwed. Well played. Truth tellers keep publishing before it's too late :/

Much of this is old news but why not batch some of it in one place?

On the newer lulz front at least some people are claiming to poke around including determining which servers run in-between points for PRISM mass surveillance for the NSA. And I don't know anything about these IOActive guys who posted on the EAS hack but they seem worth keeping an eye on….

Before the EAS info, here is a good place to look at alternative, well polished and much open source apps : - bookmark this and use it when setting up any new computer :)

Emergency Alert System Fail: Also covered in ars technica. See this video's crazy audio message for hacked Montana Emergency Alert System clip from this February:

So more or less a main contractor mailed out the damn master login keys to their products controlling the national Emergency Alert System, exactly the opposite of what you're supposed to do.

Clearly in the event of some adverse network screwing with things, it will probably be a mess. Let's say a Jimmy Carter tries to cut off SAIC and Blackwater, triggering an epic new Iran Contra type Ollie North conspiracy scene -- all these dumb horrible systems like the EAS DASDEC will behave horribly.


Press contact:
Craig Brophy
Global PR Manager, IOActive, Inc.
T: +1 206 462 2291

Press Release

IOActive Uncovers Vulnerabilities in United States Emergency Alerting System

Digital Alerting Systems DASDEC application servers found to be vulnerable to remote attack

Seattle, WA July 8, 2013IOActive, Inc., a leading provider of application security, compliance and smart grid security services, today announced that is has discovered vulnerabilities in the Emergency Alerting System (EAS) which is widely used by TV and radio stations across the United States.

IOActive's principal research scientist, Mike Davis, uncovered the vulnerabilities in the digital alerting systems - DASDEC - application servers. The DASDEC receives and authenticates EAS messages. Once a station receives and authenticates the message, the DASDEC interrupts the broadcast and overlays the message onto the broadcast with the alert tone containing some information about the event. The affected devices are the DASDEC-I and DASDEC-II appliances.

“Earlier this year we were shown an example of an intrusion on the EAS when the Montana Television Network's regular programming was interrupted by news of a zombie apocalypse. Although there was no zombie apocalypse, it did highlight just how vulnerable the system is,” said Mike Davis, principal research scientist for IOActive. “These DASDEC application servers are currently shipped with their root privileged SSH key as part of the firmware update package. This key allows an attacker to remotely log on in over the Internet and can manipulate any system function. For example, they could disrupt a station's ability to transmit and could disseminate false emergency information. For any of these issues to be resolved, we believe that re-engineering needs to be done on the digital alerting system side and firmware updates to be pushed to all appliances.”

The EAS is designed to enable to the President of the United States to speak to US citizens within 10-minutes of a disaster occurring. In the past these alerts were passed from station to station using the Associate Press (AP) or United Press International (UPI) “wire services” which connected to television and radio stations around the US. Whenever the station received an authenticated Emergency Action Notification (EAN), the station would disrupt its current broadcast to deliver the message to the public. On Wednesday 26 June, the Cyber Emergency Response Team (CERT) published an advisory providing details of the vulnerability.

IOActive has also issued its own IOActive Labs Advisory outlining the affected products, the impact and the solution.

About IOActive
Established in 1998, IOActive is an industry leader that offers comprehensive computer security services with specialisations in smart grid technologies, software assurance, and compliance. Boasting a well-rounded and diverse clientele, IOActive works with a majority of Global 500 companies including power and utility, hardware, retail, financial, media, aerospace, healthcare, high-tech, and software development organizations. As a home for highly skilled and experienced professionals, IOActive attracts talented consultants who contribute to the growing body of security knowledge by speaking at such elite conferences as Black Hat, Ruxcon, Defcon, BlueHat, CanSec, and WhatTheHack. For more information, visit


Advisory (ICSA-13-184-02)

Monroe Electronics DASDEC Compromised Root SSH Key

Original release date: July 03, 2013


This advisory provides mitigation details for a vulnerability that impacts the Monroe Electronics DASDEC.

Mike Davis, a researcher with IOActive, reported a compromised root SSH key vulnerability to CERT Coordination Center (CERT/CC). This vulnerability is in Monroe Electronics DASDEC‑I and DASDEC-II appliances. ICS-CERT coordinated with CERT/CC and Monroe Electronics to resolve the vulnerability. Monroe Electronics has produced an update that mitigates this vulnerability.

This vulnerability could be exploited remotely.


The following Monroe Electronics products are affected:



An attacker who exploits this vulnerability could gain root access to the device and affect the availability, integrity, and confidentiality of the system.

Impact to individual organizations depends on many factors that are unique to each organization. ICS‑CERT recommends that organizations evaluate the impact of this vulnerability based on their operational environment, architecture, and product implementation.


Monroe Electronics is a US-based company that maintains offices and research facilities in Lyndonville, New York. Monroe Electronics develops and distributes worldwide electrostatic measuring instruments including electrostatic voltmeters, electrostatic field meters, coulomb meters, and resistivity meters.

The affected products, DASDEC-I and DASDEC-II are emergency alert system (EAS) encoder/decoder (endec) devices that are used to broadcast EAS messages over digital and analog channels. According to Monroe Electronics, DASDEC-I and DASDEC-II are deployed across broadcast radio and television in the communication sector. Monroe Electronics estimates that these products are used primarily in the United States.



COMPROMISED ROOT SSH KEY, Web site last accessed July 03, 2013." href="" name="footnoterefa_ixegenr">a

DASDEC-I and DASDEC-II had publicly available firmware images for these devices that included a private SSH key that authorizes remote logins to the devices. For software versions prior to 2.0-2, where the default SSH keys have not already been changed, an attacker can then log into a device with root privileges.

CVE-2013-0137, Web site last accessed July 03, 2013." href="" name="footnoterefb_ya73jua">b has been assigned to this vulnerability. A CVSS v2 base score of 10.0 has been assigned; the CVSS vector string is (AV:N/AC:L/Au:N/C:C/I:C/A:C)., Web site last accessed July 03, 2013." href="" name="footnoterefc_6n5eegx">c



This vulnerability could be exploited remotely.


No known public exploits specifically target this vulnerability.


An attacker with a moderate skill level could exploit this vulnerability.


Monroe Electronics has produced a software update, Version 2.0-2 that resolves this vulnerability. DASDEC users can obtain the DASDEC v2.0-2 software update and release notes by contacting

ICS‑CERT encourages asset owners to take additional defensive measures to protect against this and other cybersecurity risks.

  • Minimize network exposure for all control system devices. Critical devices should not directly face the Internet.
  • Locate control system networks and remote devices behind firewalls, and isolate them from the business network.
  • When remote access is required, use secure methods, such as Virtual Private Networks (VPNs), recognizing that VPN is only as secure as the connected devices.

ICS-CERT also provides a section for control systems security recommended practices on the ICS-CERT Web page. Several recommended practices are available for reading and download, including Improving Industrial Control Systems Cybersecurity with Defense-in-Depth Strategies., Web site last accessed July 03, 2013." href="" name="footnoterefd_t8orqgw">d ICS‑CERT reminds organizations to perform proper impact analysis and risk assessment prior to taking defensive measures.

Additional mitigation guidance and recommended practices are publicly available in the ICS‑CERT Technical Information Paper, ICS-TIP-12-146-01B—Targeted Cyber Intrusion Detection and Mitigation Strategies,, Web site last accessed July 03, 2013." href="" name="footnoterefe_wn76bab">e that is available for download from the ICS-CERT Web page (

Organizations observing any suspected malicious activity should follow their established internal procedures and report their findings to ICS‑CERT for tracking and correlation against other incidents.


Vulnerability Note VU#662676

Digital Alert Systems DASDEC and Monroe Electronics R189 One-Net firmware exposes private root SSH key

Original Release date: 26 Jun 2013 | Last revised: 02 Jul 2013


Digital Alert Systems DASDEC and Monroe Electronics One-Net E189 Emergency Alert System (EAS) devices exposed a shared private root SSH key in publicly available firmware images. An attacker with SSH access to a device could use the key to log in with root privileges.


The Digital Alert Systems DASDEC-I and DASDEC-II and Monroe Electronics R189 One-Net/R189SE One-NetSE are Linux-based EAS encoder/decoder (ENDEC) devices that are used to broadcast EAS messages over digital and analog channels. IOActive has reported several security issues affecting these devices. The most severe of these issues is the public disclosure of the default private root SSH key. The less severe issues could also contribute to an attacker's ability to compromise a vulnerable device.

Compromised root SSH key (CVE-2013-0137)
Publicly available firmware images for these devices included a private root SSH key that was authorized to log in to the devices (CWE-798, CWE-321). The fingerprint for the compromised SSH key is 0c:89:49:f7:62:d2:98:f0:27:75:ad:e9:72:2c:68:c3. Although this key is not hard-coded, it may be impractical for less technical users to manually disable or change they key prior to firmware version 2.0-2.

Predictable session ID
IOActive reports that the administrative web server uses a predictable, monotonically increasing session ID. This finding is based on running the web server in a test environment. Testing on a variety of firmware versions on devices both at the factory and in the field, Monroe Electronics could not reproduce this finding.

Log information disclosure
Logs available via the web server provide a variety of information about the configuration, operation, and status of the device (CWE-532). Some of the log information is public and may be required by regulation.

Predictable password generation
The dasdec_mkuser script generates passwords in a deterministic way (CWE-341), however these passwords are not for administrative access, and the script is not used for general user account configuration.

Default password
Like many similar devices, the DASDEC and One-Net ENDECs use default administrative credentials. Some sites fail to change the default administrative password and allow unrestricted internet access.


An attacker with the private key and SSH access can log in to a device with root privileges.

Predictable session IDs could allow an attacker to take control of an existing administrative web session.

Predictable and unchanged default passwords can allow an attacker to log in to a device with root privileges. Devices exposed to the internet are at particularly high risk, for example, see Secure EAS Codecs Prevent Zombie Attacks and US-CERT Alert TA13-175A.

Logs may disclose configuration information that can benefit an attacker.


Apply an update

On April 24, 2013, Monroe Electronics and Digital Alert Systems released firmware version 2.0-2 that disables the compromised SSH key, provides a simplified user option to install new unique keys, and enforces a new password policy. Monroe Electronics has taken considerable effort to provide update information to DASDEC and One-NetSE users.

DASDEC users can obtain updated firmware and release notes by contacting <>. R189 One-Net users can contact <>.

Disable compromised SSH key

The compromised root SSH key should be disabled immediately, especially if the SSH service is exposed to untrusted networks such as the internet. If SSH connectivity is required, generate, install, and test new SSH keys before disabling the compromised key. The fingerprint for the compromised SSH key is 0c:89:49:f7:62:d2:98:f0:27:75:ad:e9:72:2c:68:c3.

Manually inspect SSH keys

To identify a compromised key, examine the authorized_keys file at /root/.ssh/authorized_keys2.dasdec and use the ssh-keygen command to show SSH key fingerprints. The following example shows the fingerprint for the compromised key:

$ ssh-keygen -l -f authorized_keys2.dasdec
1024 0c:89:49:f7:62:d2:98:f0:27:75:ad:e9:72:2c:68:c3 wood@endec1 (DSA)

Note that ssh-keygen only shows the fingerprint for the first key/line in the file. If authorized_keys2.dasdec contains multiple keys (multiple lines, one key per line), it will be necessary to extract each key (line) to a separate file and run the ssh-keygen command on each key/file. These shell scripts can be used to list and test multiple SSH keys in an authorized_keys file:

To generate new SSH keys, use ssh-kegen.

Restrict access

If for some reason you are not able to remove and replace the compromised SSH key, restrict access to the SSH service to highly trusted hosts and networks only. As a general good security practice, restrict access to all services to trusted hosts and networks.

Change default passwords

Change any default passwords, and do not deploy production systems without changing default passwords. Search engines like Shodan can index systems exposed to the internet and default passwords are usually documented and well-known. It is often trivial for an attacker to identify and access systems on the internet using default passwords.


#OpNSA: Some infos has been coming out about possible probing into the NSA PRISM system. Here are copies of some pastebins about all this. Start here: . It is indeed branded Anonymous and they said that two anons got searched over the weekend. What's cooking? Will the now-more-infamous NSA Q Group catch these cats?

#OpNSA claiming to have doxed some NSA officials and posting their phone numbers on interwebs. Something big may be taking off here -- if it turns out to be a honeypot there still better be lulz!

statement here:



Transcript below:

Greetings Citizens of the World, we are Anonymous. It is understood that the recent exposé of the national security agency has angered you. Anger caused by the realization that your own elected representatives promised to vote for your best interests but changed their minds when the price was right, in favor of increased surveillance on your normal everyday life. You hate them for voting your freedom and privacy away, and you have every right to. There are those that say you have nothing to fear if you have nothing to hide, but these are the same people who won’t tell you any of their own personal information upon your request. Complacent cowards like these have made it easier for this enormous surveillance operation to come to fruition. Eventually enough legislation will pass in favor of the evolving police state that will make every citizen a potential terrorist by default, and the NSA is at the core of it all. But you wonder to yourself, what can be done about all of this injustice and corruption? The answer is simple. Raise your voice so loud that no one can ignore it. Create such an overwhelming public outcry that the government and the media will be forced to acknowledge the issue. We need to show those directly responsible for all of this that there will be consequences for betraying us, and it will be the last time they do. In accordance with this we will be initiating stage two of operation national security agency and releasing the personal information of one politician each week that slandered Edward Snowden as a criminal and was involved with supporting the NSA and PRISM. We will make visible to everyone the depth of their violations against our freedom, privacy and well-being. We will expose the precise amount of money it took for them to turn their backs on us and we will show them how it feels to have their privacy abused and their personal information mined, collected and analyzed. But we won’t stop there. Since this affects not just Americans but everyone around the world, it is only right that we give this information as much exposure as possible. Spam the emails of your local representatives voicing your opposition to these surveillance measures along with president obama. Spread flyers regarding the NSA’s data mining and organize protests to inform the public. We will all need to work together in spreading this information as far and wide as we can so that the world is fully aware of what has been orchestrated at their expense. We are all in this together and have an obligation to awaken the masses to see how their rights are being stripped away one by one leaving themselves, their friends, their family and their children vulnerable to government manipulation and control. This will spark an awakening that cannot be stopped.

We are Anonymous.
We are Legion.
We do not forgive.
We do not forget.
Expect us.

This one is interesting, I don't know why anyone would trust any VPN in particular tho :/

///// By: luminary on Jun 29th, 2013 | OpNSA VPN services.

Want to defeat PRISM?

Do you like the idea of free internet usage?

Well here is a list of Virtual Private Network providers recommended by Anonymous.

These services claim explicitly in their Terms of Service that they don't keep connection

logs on their customers, though it's always best to do some SERIOUS digging into a company's

history before you commit your freedom.

If you don't plan on doing anything illegal and you're merely trying to avoid snoopers

or circumvent censorship, free VPNs will likely suffice, but if you're going for a more

shady flavor of activism, don't leave home without these.

All of these accept Bitcoin, so that's a very helpful attribute. Bitcoin is a highly secure

payment method used if you don't want people to know who you are when you buy things over the internet.


Private Internet Access VPN



Mullvad VPN

/////// By: luminary on Jul 7th, 2013 | syntax: None | size: 2.45 KB | hits: 2,365 | expires: Never


Greetings, National "Security" Agency -- and our followers whom we love so much:

This may look like a small release, but it's actually huge. See, we hacked the NSA yet again because we just love doing that. These are DNS tunnels that are sending encrypted data to and from the PRISM databases. We have the IP's of those servers. If you crash these servers with DDoS, you literally render PRISM "broken". We are also planning to release some of that data (which we have access to) if we can decrypt it. So anyway. Hit these -- you hit PRISM. And die in the Matrix, you die in real life, etc etc.

SLIGHTLY TECHNICAL INFORMATION THAT MEANS NOTHING TO A LOT OF PEOPLE: 56923 IN A 64613 IN A 90000 IN A 90000 IN A 70352 IN A 90000 IN A 90000 IN A 84886 IN A 53942 IN A 54809 IN A 39448 IN A 35282 IN A 39672 IN A

Acquired by:


R00tsh3ll - @r00tsh3ll1 (twitter)

Intro Written and Info PASTED by:

Luminary - @aluminary (twitter)


There's TONS more information to release. We're going through some folders to see what we can and can't release before July 11th, 2013 (DDoS day). There's more to come. For those that have been asking for "proof of a hack", we're releasing some more as we go, but remember: this is the NSA. We have to be very careful about what goes public before we're done actually UTILIZING that information. For those that are understanding of this, you are the people that will receive the best information first! ^___^

////// By: luminary on Jul 8th, 2013 | syntax: None | size: 3.64 KB | hits: 120 | expires: Never

Tor Tutorial

By: @aluminary

Greetings, faithful supporters of Anonymous and haters of PRISM. We are Anonymous, and for a moment, we're going to take time off from destroying things we don't like and teach you how to secure yourself and hide your identity while online. Naturally, this will be a benefit to you in the long run. Most people have no doubt heard of “TOR”, or “The Onion Router”. In basic terms, Tor is a routing network that sends all of your internet traffic through many different nodes all scattered about around the world. So imagine you've got a message you want to pass to a friend who's standing 100 meters from you. Whereas your standard internet traffic would be like walking over to your friend and handing him that note, Tor puts many different people between you two. So rather, in this situation, you'd hand the note to one of those people, they'd pass it to a random person, who'd pass that on, again and again until it gets to your friend. This allows the actual source of the traffic to be hidden after it comes through the exit node. Fortunately, Tor is very easy to acquire.

It can be downloaded from here:

For windows users, that download comes with the Tor browser bundle, which, when used, routes all of your traffic through a series of nodes as mentioned previously. Likely Linux users will know how to properly configure a client or program to use Tor, so we won't waste their time.

Once downloaded, that package will come with Vidalia Control Panel, an .exe file which acts as a sort of mothership. Once opened, a socks5 proxy server will begin running on local host. Your computer is the only computer on the network that will be able to use it unless others are also running Tor. The Tor browser will begin running on its own, so all you'll really need to do once in that browser is simply start searching away like a pro. If you want to verify your privacy because of paranoia, you can visit while using the Tor browser and be assured that your real IP is in fact hidden.

Tor itself is generally considered trust worthy. The thing is, even if nodes are run by undesirable parties, not only would said parties have to own that node, but they'd have to own the entire random path to... well... backtrace you. A downside of this entire thing, though, is that Tor is a high latency network. Because your traffic is being routed all around, it's also a bit slower. You will certainly notice slower internet speeds in applications using Tor (regular browsers not on the proxy won't be any slower). Then again, such a trivial matter is certainly worth the amount of protection Tor will offer you. Tor is a widely used and completely free project available at the aforementioned link.

Remember though, nobody is completely invincible. And human error can play into your traffic, or worse, your identity, being revealed. If, however, you take precautions to make sure Tor is operating and so forth, you will be fine. One more downside of Tor – that is one of the reasons a lot of us use VPN services – is that it's blocked in a lot of places. Because it's so easy and so anonymous, many websites, services, IRCs and networks will block Tor Exit Nodes to eliminate or crack down on abuse. In these cases, you'll probably need special permission to use the Tor server, as is the case with the AnonOps IRC network, which is one widely used meeting place for Anons.

Stay Anonymous. Stay safe.

Keep it up and defeat PRISM. Together, we are strong.

Together, we are Legion.



channel: #opnsa.

^^You cannot use Tor with webchat. J/s


Something ought to be said here ^ about the importance of other tracking links in browsers, time attacks, recent tor vulnerabilities that have come up etc. More caution and other layers are pretty surely necessary. Stuff like Ghostery to block various web tracker bugs for example.

A recent tor security example, you would need to keep javascript shut off to be safer from this, as but one example

Another recent discussion

"I run 5 tor nodes. I can tell that 5 nodes on the network are save for me. Trust tor. I will not run dsniff or tcpdump. Its save. I will never abuse the logins you gave me for free. Afk now, that one guy is surfing on xhamster, nice video choice" -- "Alex"

Lol well put I suppose. Concise anyway.

Good tor network data source

Router name agentAdrianLamo is doing well lol

Tor vuln paper

also for listserv activity

Tor activity very much logged by NSA as shown recently

Anyway it's just a normal hesitation in pointing out that Tor or given VPNs are not magically perfect for sure. There are merits to both technologies but magic boxes they are not! Of course one should assume the FBI is listening closely to IPs like etc. &


For more on the Op_NSA situation check out


Email encryption in general:

For basics of encrypting email see has had interesting stuff about PGP keys lately as well! & many posts on PGP keys registered to assorted federal departments! 2013-0744.htm 2013-0746.htm 2013-0741.htm etc


More backstories and Backbones:

Here is a possible explanation of the Company A / B / C listings in the NSA Inspector General report. MCI, AT&T & Sprint:

Date: Wed, 03 Jul 2013 16:05:20 -0400
From: "James M. Atkinson" <jmatk[at]>
Organization: Granite Island Group
To: TSCM-L Mailingin List <tscm-l2006[at]>
Subject: Presidents Surveillance Program of 14 September 2001

On September 14, 2001 the NSA initiated a program on eavesdropping of all or the telephone and internet traffic of all U.S. Citizens, and concealed this quite unlawful program under many layers of secrecy, not because it as in the interests of national security, but rather to hide the violation of the Fourth Amendment.

These are the "initial three backbones" that the NSA tapped into (with the consent of the companies, each of whom gave the NSA full, unrestricted access):

The attached PDF file is a list of all of the funds spent by the program... do the math, and closely observe the date ranges (they perfectly match up, to the day with all of the dates in the Snowden document leaks).


In the IG report these aforementioned companies at listed at Company A, B, and C.

There are four additional companies (and others) to include Verizon, Nextel, Microsoft, Yahoo, Google, and so on.

See also procurement code: DAAB0701DH802 for Booze Allen Hamilton (Snowdens employer)

The project and procurement code as: DXXXXX01XXXXX

The program office as listed at:

2011 CRYSTAL DRIVE STE 911 (One Crystal Park Bldg "Crystal City 2" see also:
ARLINGTON , VA , 22202-3732

19.1 Billion Dollar Series of Contract initiated on the same day that the president authorized the Presidents Surveillance System for the NSA, and ending on the day it as shutdown.

Using a DUNS# of 790238638

The persons name under whom this was all listed is:

1312 Rhode Island Ave NW
Washington, DC 20005
(202) 483-8707

At the same address is:
Hope L Biglow

Grafton Bigelow is also listed at various addresses in:
414 Second
Cape May, NJ and West Cape May, NJ
(609) 884-4346

Plus several addresses in:
Hyattsville, MD
West Palm Beach, FL

But, the name Grafton Biglow also turns up:

7th & D Street SW, Room 5652
Washington, DC 20407
Director: Mr. Graffton Biglow
Fax: (202) 401-1546
Internet e-mail: grafton.biglow[at]

Curious coincidence.

Hopefully he had his own phone checked for bugs.

Maybe they can use the "Nuremberg defense"or claim "Befehl ist Befehl"

Very, very carefully look at the attached document, and take very deep and very slow breathes as you read it.

The bottom line is the Rainmaker system captured and indexed 1.17 racks per day of communications, bridging all major service providers, all fiber optic choke points, and eavesdropping mostly on U.S. Citizens (unlawfully) in what is called a "General Warrant" which is explicitly prohibited under U.S. Law.

The President of the United State is just a fucking moron, and utter and complete moron.



James M. Atkinson. President and Sr. Engineer
"Leonardo da Vinci of Bug Sweeps and Spy Hunting"

Granite Island Group
(978) 546-3803                jmatk[at]
(978) 381-9111

Presidents-Spy-Program-Sept14-2001.pdf (342pp, 679KB)


The NSA Naccio Qwest case!

So there have been interesting developments. This bit about the contract hookups reminds me of Qwest's former CEO Joseph Naccio.

Here is what Naccio filed while fighting charges -- unlike virtually every white collar weasel ever, he ultimately got convicted of insider trading, no doubt with only the finest SIGINT available. Redacted PDF :: - April 2013 he is getting out of jail soon with enormous fines as well. Many posts at Denver Post.

Nacchio, who turns 64 in June, was convicted in 2007 on 19 counts of illegal insider trading connected to his sale of $52 million in Qwest stock. A federal jury in Denver found that he sold the shares based on nonpublic information about the company's deteriorating financial condition.

Lucrative secret contracts indeedly doodley. 5-11-2006

The NSA, which needed Qwest's participation to completely cover the country, pushed back hard. ...

... the agency suggested that Qwest's foot-dragging might affect its ability to get future classified work with the government.


Oct 15 2007: WSJ story:

Nacchio Alleges Reprisal

Qwest Ex-CEO Says Firm Denied Pacts After Spurning NSA





Contentions from former telecommunications executive Joseph Nacchio that the government retaliated against his company because he didn't comply with National Security Agency requests could add to the renewed debate over the NSA's secret surveillance of telephone records.

Once-classified documents that were unveiled in the insider-trading case of Mr. Nacchio, the former chief of Qwest Communications International Inc., Q +1.60% suggest the U.S. government didn't offer lucrative contracts to the company after Mr. Nacchio refused to cooperate with what the documents call "improper government requests" in February 2001. The documents, submitted as part of Mr. Nacchio's defense in the insider-trading case, don't elaborate on the government requests. Mr. Nacchio has said in the past he didn't comply when asked by the NSA for access to the private phone records of Qwest customers.

Mr. Nacchio in April was convicted in federal court in Denver of insider trading for selling $52 million of stock in the spring of 2001 as Qwest's outlook was deteriorating. He was sentenced to six years in prison but remains free pending his appeal. His attorneys suggested in pretrial filings that Mr. Nacchio believed the company was about to win secret government contracts that would keep it in the black, despite warnings from his executive team that the company was in financial trouble. The judge at his trial didn't allow much of the classified defense, and Mr. Nacchio's appeal disputes that decision. The latest revelations were in pretrial briefs filed months ago that were unsealed last week.

A spokesman for the Director of National Intelligence office, which oversees the NSA and other intelligence agencies, declined to comment on the allegations in the court filings.

The revelations emerge as the White House is in negotiations with Congress on long-term changes to the 1978 Foreign Intelligence Surveillance Act. Democrats, and some Republicans, in Congress are at odds with the Bush administration's demand that lawmakers preserve the secrecy of the NSA program by granting telecommunications companies immunity from lawsuits for any aid they gave to the government surveillance without a court order.

The administration has balked at giving Congress documents detailing the legal justifications for the NSA program, and says that the secrecy is necessary to protect national security.

Speaking on Fox News channel yesterday, House Majority Leader Steny Hoyer (D., Md.) restated his position that Democrats were willing to pass such immunity, if the administration turned over documents about the NSA program.

Write to Dionne Searcey at and Evan Perez at


The Daily Caller is trying to get this narrative bounced again:

CBS news in 2009:

Naccio's argument was not allowed in open court. Of course that Denver judge also had the NSA all over his phone too I would hazard to guess.

But who cares what the NSA does to judge's phones anyway? (see NSA whistleblower Russ Tice specifying NSA space asset surveillance vs Justice Alito for example)

Don't forget Israel re NSA contractors: read up on James Bamford on Israeli contractors & the NSA: . A few salient snippets on the pervasive role of the spinoff companies of Israel's NSA equivalent, Unit 8200:

Like Narus, Verint was founded by in Israel by Israelis, including Jacob “Kobi” Alexander, a former Israeli intelligence officer. Some 800 employees work for Verint, including 350 who are based in Israel, primarily working in research and development and operations, according to the Jerusalem Post. Among its products is STAR-GATE, which according to the company’s sales literature, lets “service providers … access communications on virtually any type of network, retain communication data for as long as required, and query and deliver content and data …” and was “[d]esigned to manage vast numbers of targets, concurrent sessions, call data records, and communications.”

In a rare and candid admission to Forbes, Retired Brig. Gen. Hanan Gefen, a former commander of the highly secret Unit 8200, Israel’s NSA, noted his former organization’s influence on Comverse, which owns Verint, as well as other Israeli companies that dominate the U.S. eavesdropping and surveillance market. “Take NICE, Comverse and Check Point for example, three of the largest high-tech companies, which were all directly influenced by 8200 technology,” said Gefen. “Check Point was founded by Unit alumni. Comverse’s main product, the Logger, is based on the Unit’s technology.”

According to a former chief of Unit 8200, both the veterans of the group and much of the high-tech intelligence equipment they developed are now employed in high-tech firms around the world. “Cautious estimates indicate that in the past few years,” he told a reporter for the Israeli newspaper Ha’artez in 2000, “Unit 8200 veterans have set up some 30 to 40 high-tech companies, including 5 to 10 that were floated on Wall Street.” Referred to only as “Brigadier General B,” he added, “This correlation between serving in the intelligence Unit 8200 and starting successful high-tech companies is not coincidental: Many of the technologies in use around the world and developed in Israel were originally military technologies and were developed and improved by Unit veterans.”

Equally troubling is the issue of corruption. Kobi Alexander, the founder and former chairman of Verint, is now a fugitive, wanted by the FBI on nearly three dozen charges of fraud, theft, lying, bribery, money laundering and other crimes. And two of his top associates at Comverse, Chief Financial Officer David Kreinberg and former General Counsel William F. Sorin, were also indicted in the scheme and later pleaded guilty, with both serving time in prison and paying millions of dollars in fines and penalties.

Anyway that's enough stuff for now. Figure better to get a hard reference of it for those interested!

Mysterious Parastoo apparent Iranian hacker group claims UAV flight inside USA; Redhack Turkish hackers on the Move, accused "cyber terrorist organization"

A few linxors on hacker stories both Turkish and Iranian. Pretty mysterious, not sure what to make out of it… Another post via Cryptome.

SOURCE: Parastoo Claims Launch of Second UAV in US

RE :







03 JULY 2013





And via here: loaded this video, looks like a UAV watching an aircraft carrier apparently.

In late November 2012: Anti-Israel hackers leak nuclear watchdog email addresses • The Register

Troll-Hackers? Is This Nuclear Agency Under Cyber Threat by Familiar Iranian Hacker Group? | SiliconANGLE

The Hacker News - Security in a Serious way: Parastoo - Hackers break into International Atomic Energy Agency servers - The Hacker News

Full release from 25 Nov 2012: Parastoo Hacks IAEA && PARASTOO - 1 -

Feb 26 2013: Parastoo claims hack of contractor linked to nuclear data | Washington Free Beacon: "Parastoo also stole more than 450,000 credit card records from some of IHS’s largest commercial clients, including Pepsi and BMW."

Feb 28 2013: Iranian Hacker Bullies VP Joe Biden, Credibly Threaten to Commandeer US Drones, Leak IHS Jane’s CBRN Documents | SiliconANGLE - note that some of the released material may have a trojan according to this.

Some absolutely shocking threats and claims have emerged from a fairly new hacking group on the scene. DefCon’s “y3ti” tipped us off to the group that calls themselves Parastoo that first emerged at the end of last year. Their latest chilling release confirms their earlier claims with an incredible stash of sensitive intelligence that was announced on a series of Iranian activist sites and later found on world-wide filesharing sites. The bounty is big, the targets are bigger, and the list of items they have hacked is staggering. Among this data and the statements– nuclear intelligence, military information, satellite images, national infrastructure intelligence, and a thinly veiled threat on the vice-president of the United States Joe Biden.

March 9 2013: Parastoo IAEA Mossad via Cryptome. This may be related?



On the Turkish front, #occupygezi and protesters have been supported by Redhack, an apparently older Turkish communist-sympathetic hacker group with sturdy skilz at defeating Turkish government websites.

RedHack_EN (RedHack_EN) on Twitter - English language outlet. Turkish: RedHack ★ (TheRedHack) on Twitter


#RedLeaks RedHack Belgeleri.. Kizil Hackerlar - 1997-2013

RedHack - Wikipedia, the free encyclopedia

Documentary about Redhack: RED! Movie Turkish (İngilizce Subtitled) - YouTube - trailer here. lots of RedHack related video clips here.


Red!, the world's agenda hacktivizm issues of weight and center of each year is increasing cyber-activism. It carries out actions in particular RedHack'in Anonymous'un and Turkey. At the same time contributing to the documentary ICT, academics, lawyers and politicians hacktivizmin through politics, explores the relationship between ethics and law. BSM-Independent Film Center, Red! founded an independent film exhibition and distribution network. Film screenings held across Turkey. documentary Who, Dr. Free Uçkan / Author-scholar Gökhan Ahi-IT Law Expert Professor. Dr. Aslı Tunç-Head of the Department at Istanbul Bilgi University Media Alper Stone-ODP Co-Chairman Dr. Rabun Kosar - Bogazici university for Data Processing Center Manager Özgür Murat-Lawyer -Attorney Bilgütay Durna Ilhan Cıhaner-MP - Former Republican Attorney General Ayhan Erdoğan-Attorney Asst. Assoc. Dr. Erkan Saka-Istanbul Bilgi University, Department of Communication

RED! « Independent Cinema Center: The movie RED! produced by BSM – Independent Cinema Center, focuses on two subjects that gain globally more and more attraction every year: cyber activism and hacktivism. In the movie, these subjects are principally treated through Anonymous and RedHack. At the same time, the movie examines the relations between hacktivism and politics, ethic and law.

This documentary does not conceal being biased. It approachs cyber activism and hacktivism from a class struggle perspective. Considering the cyber world as a new battlefield, the movie examines how the cyber struggle can be linked to the class struggle.


REDHACK Voice of the oppressed! - Tumblr

July 4 2013: RedHack Identified as “Cyber Terrorist Organization” - Bianet / English - Bianet

July 5 2013: Turkish Police Name RedHack a Cyber Terrorist Organization

July 4 2013: Redhack members face virtual terrorism charges for pro-Gezi tweets

A report recently prepared by the National Police Department into the recent nationwide Gezi Park protests has stated that members of the Socialist hacker group RedHack (Kızıl Hackerlar) committed virtual terrorism by inciting people to commit criminal acts in the tweets posted on the account “@TheRedHack” during the protests.

The National Police Department launched a large-scale investigation into the online activities of Redhack during the Gezi Park protests and determined the identities of the members of the group from their IP addresses. The Sabah daily reported on Thursday that the National Police Department is seeking legal action against Redhack.

The police department stated in its report that Redhack posted many tweets that invited people to attend the protests and incited people to commit crimes during the Gezi Park protests. The police department also included some tweets posted on the Redhack account in the report. A tweet posted on June 14 states, “People from around the country will be on the streets as of 2.00 p.m.” In another tweet posed on June 15, Redhack stated: “We are protesting for a fair, non-exploitative and classless world, for brotherhood and freedom. If they are so brave, they can stop us.” In other tweet, again posted on June 15, Redhack stated: “They [Justice and Development Party (AK Party) government] provides people with free transportation or food for their rallies, but they give us tear gas, police batons and police attack car. Do you continue to be silent?”

According to the Sabah report, Prosecutor Muammer Akkaş will launch an investigation into Redhack based on the police report. The prosecutor will reportedly investigate members of Redhack on charges of virtual terrorism.

RedHack | Cyber War News - a great many lulz on this category:

Turkish Police Informant Files Leaked By Red Hack - July 16 2012. "only way we will stop publishing these files is if so called gov’t sponsored “lamers” stop attacking journalists."

As you may be all aware, our actions are continuing non-stop since February. From that time our first action was against Ankara Security Headquarters and as a result seven innocent people got arrested and they are still imprisoned. The only evidence against them is a PlayStation Cd’s. The dominant powers then decided to transfer the investigation about us to a prosecutor who once managed the Sivas case to drop due to time-frame elapsed, where 33 intellectuals and artists got killed by mob of bigots. Despite this we didn’t stop and we were investigated by National Intelligence Agency (MIT) and complaint was made to Interpol. For disinformation reasons various news was made about us. We still did not stop. Ministry of Interior was hacked twice, 95% of police forces in Turkey were hacked, and other Ministry sites were hacked time to time. Lately we were declared “terrorists” after Ministry of Foreign Affairs was hacked where we have leaked document. All of a sudden cyber teams established against us have mushroomed up. Those couldn’t stop us with help of imperial powers such as USA, EU, Russia or China created “cyber counter-guerrillas” and created sites to vilify us. Also the government, that sees us as terrorists supported these people to attack other countries. They have tried various games to alienate people against us.

Very recently attacks started against opposition journalists that makes objective news and lawyers specialises on internet. With the helping hand of the government those fake sites published personal details of these freedom defenders and very harsh/degrading threats were made to them. Just today another dirty “cyber government” attack was made against Birgun (OneDay) newspaper. This must be the very “Cyber Army” that was established against us by establishments such as TUBITAK, TIB and BTK. One of their employee quite recently announced that they will use a different approach against us, this must be it. They will brand those fighting for the truth as a terrorist but will unleash their lamers against journalists, lawyers. This must be their so called “different approach”.

As these conditions were set by them and freedom defender’s details are published with the help of government, we have taken a decision. Since they are attacking those people fighting for freedom, we will not let them walk alone. Starting from the beginning, we will publish all the leaked documents we have managed to gather, uncensored.

We will only stop when they cease to treat these lamers with double standard and treat them as equal as us.

Tomorrow we will start to publish an uncensored police informants file of 70mb.

Since we are a “terrorist” and those who publish details of innocent people are heroes, then we will act with the language they understand. We won’t play the inoffensive any longer.

The choice is yours; either put the leash on these corrupted lamers that lacks knowledge of code or face the consequences.

Lastly, we will not let those take sides with us be alone. We have plenty of jokes and they are funny but they are all real.

We don’t ACQUIT We HACK!

We won’t embarrass those trust us and walks with us, we won’t leave them alone halfway through this struggle.

If we get arrested one day, we will defend our actions. Because bourgeois terrorists cannot judge us.

RedHack (Red Hackers Association)

Central Committee

14th July 2012

Hacking for the People!

Also recently June 29th 2013: RedHack Erases Public Debt and Renames Primary School in Instanbul | 40 Oz of Bad Karma

Google Translate- RedHack, Provincial Supervisor hacked

Intelligence documents about bomb plots leaked: This time the 'bomb' mails

Istanbul Special Provincial Administration Hacked by REDHACK - Hackers News Bulletin

Anyway, classic stuff. Bonus points to redhack for a much more well crafted public image than Parastoo!

/// UPDATE 3AM: On another LulzCluster altogether, keep an eye on for another wave of possible NSA data drops. For apparently new hawt NSA hax0rd0x See for supposed new NSA leak pastebins including email addresses at and suspiciously obscure British domains, one can only hope MI6 municipal council weasel-moles are flushed trololol!
Also: Hello to @redhack_en posting this story: A good day to you from Minnesota, Cheers! ///

Information Operations & Solicitation for US Propaganda Disruption Ideas: Radio Free Asia

Radio Free Asia and its parent organization the Broadcasting Board of Governors are pretty shady entities. I can't resist cross posting this odd appeal for "Open Tech Fund" from RFA…

SOURCE - Solicitation for US Propaganda Disruption Ideas

Date: Tue, 02 Jul 2013 12:20:37 +0100
From: Dan Meredith <meredithd[at]>
Organization: Open Technology Fund
To: cryptography[at]
Subject: [cryptography] Open Solicitation for Concept Notes: Open Technology

Hello cryptographers,

We are excited to share that the Open Technology Fund (OTF) at Radio Free Asia's (RFA) ongoing solicitation of concept notes is open and receiving proposals. We seek to fund disruptive technology projects that advance global Internet freedom and human rights online. If you are interested in submitting a concept note for our consideration, the process begins by completing our short online form:

More information about our full proposal process can be found on our website:

OTF utilizes public funds to support Internet freedom projects. We support projects that develop open and accessible technologies promoting human rights and open societies. We strive to advance inclusive and safe access to global communication networks.

Created in 2012, OTF is an RFA program supported by funds from the Broadcasting Board of Governors (BBG). The BBG’s mission is to inform, engage, and connect people around the world in support of freedom and democracy. RFA’s mission is to provide accurate and timely information to the people of Asia who lack adequate protections for freedom of expression, free speech, and a free press.

In a globally interconnected society, creating and protecting freedom of expression, free speech, and a free press requires cross-border technology tools that enable the exercise of human rights within repressive societies for the global population. OTF strives to incubate and support projects creating these tools around the world. More information on our program can be found at

If you have any questions, please send them our way by emailing otf[at]

We look forward to your submission.
Dan Meredith
pgp 0x36377134
cryptography mailing list


Here is some more material on the Radio Free Asia / Broadcasting Board of Governors apparatus via alternative journalist Wayne Madsen, who himself is under a bit of pressure from nasty bloggers for reporting on EU NSA surveillance and other unorthodox stories….

George Soros’s and the Neo-Cons’ Control of Washington’s Propaganda Program > - Strategic Culture Foundation - April 25 2012

An examination of the current 2013 budget for the U.S. government’s Broadcasting Board of Governors (BBG) that oversees the International Broadcasting Board (IBB) and which determines the slant taken by the U.S. government’s propaganda efforts on radio, television, and, increasingly on the Internet, illustrates the head-lock that George Soros and neo-conservative “soft power projection” interests have on the official state-sponsored information disseminated by the U.S. government to a global audience.

The new propaganda bias of such IBB-controlled outlets such as the Voice of America, Radio Free Asia, and Radio Free Europe should comes as no surprise, considering that former CNN chairman and chief executive officer Walter Isaacson laid down the gauntlet after he assumed the chairmanship of the Broadcasting Board of Governors in 2009 by calling for the United States to aggressively challenge what he termed anti-American “propaganda” emanating from such international broadcasters as RT (the former Russia Today), Iran’s Press TV, and China’s CCTV. Isaacson walks in lock-step with the goals of Soros and the Council on Foreign Relations as the head of the politically-connected Aspen Institute. Isaacson stepped down from his broadcasting chairmanship position in January 2012.

The priorities for U.S. propaganda include stepping up efforts to effect political change in what are termed the five remaining “Communist” countries in the world through Cold War-era dissemination of “news” and other content via the Voice of America (VOA), the Office of Cuba Broadcasting (OCB) , and “grantee” organizations RFE/RL (Radio Free Europe/Radio Liberty), Inc., and Radio Free Asia (RFA). Soros’s Open Society Institute holds a predominant role in the administration of the “grantee” broadcast arms, which were originally operated by the Central Intelligence Agency (CIA) before de facto control was passed to Soros after the collapse of communism in Europe. The targeted five remaining communist nations are China, Cuba, North Korea, Laos, and Vietnam.

The BBG claims that America’s propaganda efforts reach a global audience of 187 million people and that the 59 language broadcasts to over 100 nations costs less than a mere $5 million per year. The BBG budget request contains all the Soros code phrases in describing America’s “highest standards of journalistic independence, ethics, and objectivity” and support of “democracy, civil society, and transparent institutions around the world.”

Check in there for more infos. It's a nasty Soros pass thru fo sho! … Also check out for more crowdsourced, cited info on these kinds of orgs and players..

For more on these projects see also: Projects | Open Technology Fund

Updates | Open Technology Fund

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