holiday:christmas

  • Who Was Shakespeare? Could the Author Have Been a Woman? - The Atlantic
    https://www.theatlantic.com/magazine/archive/2019/06/who-is-shakespeare-emilia-bassano/588076

    On a spring night in 2018, I stood on a Manhattan sidewalk with friends, reading Shakespeare aloud. We were in line to see an adaptation of Macbeth and had decided to pass the time refreshing our memories of the play’s best lines. I pulled up Lady Macbeth’s soliloquy on my iPhone. “Come, you spirits / That tend on mortal thoughts, unsex me here,” I read, thrilled once again by the incantatory power of the verse. I remembered where I was when I first heard those lines: in my 10th-grade English class, startled out of my adolescent stupor by this woman rebelling magnificently and malevolently against her submissive status. “Make thick my blood, / Stop up th’ access and passage to remorse.” Six months into the #MeToo movement, her fury and frustration felt newly resonant.

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    Pulled back into plays I’d studied in college and graduate school, I found myself mesmerized by Lady Macbeth and her sisters in the Shakespeare canon. Beatrice, in Much Ado About Nothing, raging at the limitations of her sex (“O God, that I were a man! I would eat his heart in the marketplace”). Rosalind, in As You Like It, affecting the swagger of masculine confidence to escape those limitations (“We’ll have a swashing and a martial outside, / As many other mannish cowards have / That do outface it with their semblances”). Isabella, in Measure for Measure, fearing no one will believe her word against Angelo’s, rapist though he is (“To whom should I complain? Did I tell this, / Who would believe me?”). Kate, in The Taming of the Shrew, refusing to be silenced by her husband (“My tongue will tell the anger of my heart, / Or else my heart concealing it will break”). Emilia, in one of her last speeches in Othello before Iago kills her, arguing for women’s equality (“Let husbands know / Their wives have sense like them”).
    I was reminded of all the remarkable female friendships, too: Beatrice and Hero’s allegiance; Emilia’s devotion to her mistress, Desdemona; Paulina’s brave loyalty to Hermione in The Winter’s Tale; and plenty more. (“Let’s consult together against this greasy knight,” resolve the merry wives of Windsor, revenging themselves on Falstaff.) These intimate female alliances are fresh inventions—they don’t exist in the literary sources from which many of the plays are drawn. And when the plays lean on historical sources (Plutarch, for instance), they feminize them, portraying legendary male figures through the eyes of mothers, wives, and lovers. “Why was Shakespeare able to see the woman’s position, write entirely as if he were a woman, in a way that none of the other playwrights of the age were able to?” In her book about the plays’ female characters, Tina Packer, the founding artistic director of Shakespeare & Company, asked the question very much on my mind.

    Doubts about whether William Shakespeare (who was born in Stratford-upon-Avon in 1564 and died in 1616) really wrote the works attributed to him are almost as old as the writing itself. Alternative contenders—Francis Bacon; Christopher Marlowe; and Edward de Vere, the 17th earl of Oxford, prominent among them—continue to have champions, whose fervor can sometimes border on fanaticism. In response, orthodox Shakespeare scholars have settled into dogmatism of their own. Even to dabble in authorship questions is considered a sign of bad faith, a blinkered failure to countenance genius in a glover’s son. The time had come, I felt, to tug at the blinkers of both camps and reconsider the authorship debate: Had anyone ever proposed that the creator of those extraordinary women might be a woman? Each of the male possibilities requires an elaborate theory to explain his use of another’s name. None of the candidates has succeeded in dethroning the man from Stratford. Yet a simple reason would explain a playwright’s need for a pseudonym in Elizabethan England: being female.
    Who was this woman writing “immortal work” in the same year that Shakespeare’s name first appeared in print?

    Long before Tina Packer marveled at the bard’s uncanny insight, others were no less awed by the empathy that pervades the work. “One would think that he had been Metamorphosed from a Man to a Woman,” wrote Margaret Cavendish, the 17th-century philosopher and playwright. The critic John Ruskin said, “Shakespeare has no heroes—he has only heroines.” A striking number of those heroines refuse to obey rules. At least 10 defy their fathers, bucking betrothals they don’t like to find their own paths to love. Eight disguise themselves as men, outwitting patriarchal controls—more gender-swapping than can be found in the work of any previous English playwright. Six lead armies.

    The prevailing view, however, has been that no women in Renaissance England wrote for the theater, because that was against the rules. Religious verse and translation were deemed suitable female literary pursuits; “closet dramas,” meant only for private reading, were acceptable. The stage was off-limits. Yet scholars have lately established that women were involved in the business of acting companies as patrons, shareholders, suppliers of costumes, and gatherers of entrance fees. What’s more, 80 percent of the plays printed in the 1580s were written anonymously, and that number didn’t fall below 50 percent until the early 1600s. At least one eminent Shakespeare scholar, Phyllis Rackin, of the University of Pennsylvania, challenges the blanket assumption that the commercial drama pouring forth in the period bore no trace of a female hand. So did Virginia Woolf, even as she sighed over the obstacles that would have confronted a female Shakespeare: “Undoubtedly, I thought, looking at the shelf where there are no plays by women, her work would have gone unsigned.”

    A tantalizing nudge lies buried in the writings of Gabriel Harvey, a well-known Elizabethan literary critic. In 1593, he referred cryptically to an “excellent Gentlewoman” who had written three sonnets and a comedy. “I dare not Particularise her Description,” he wrote, even as he heaped praise on her.

    All her conceits are illuminate with the light of Reason; all her speeches beautified with the grace of Affability … In her mind there appeareth a certain heavenly Logic; in her tongue & pen a divine Rhetoric … I dare undertake with warrant, whatsoever she writeth must needs remain an immortal work, and will leave, in the activest world, an eternal memory of the silliest vermin that she should vouchsafe to grace with her beautiful and allective style, as ingenious as elegant.

    Who was this woman writing “immortal work” in the same year that Shakespeare’s name first appeared in print, on the poem “Venus and Adonis,” a scandalous parody of masculine seduction tales (in which the woman forces herself on the man)? Harvey’s tribute is extraordinary, yet orthodox Shakespeareans and anti-Stratfordians alike have almost entirely ignored it.

    Until recently, that is, when a few bold outliers began to advance the case that Shakespeare might well have been a woman. One candidate is Mary Sidney, the countess of Pembroke (and beloved sister of the celebrated poet Philip Sidney)—one of the most educated women of her time, a translator and poet, and the doyenne of the Wilton Circle, a literary salon dedicated to galvanizing an English cultural renaissance. Clues beckon, not least that Sidney and her husband were the patrons of one of the first theater companies to perform Shakespeare’s plays. Was Shakespeare’s name useful camouflage, allowing her to publish what she otherwise couldn’t?
    Shakespeare’s life is remarkably well documented—yet no records from his lifetime identify him unequivocally as a writer.

    But the candidate who intrigued me more was a woman as exotic and peripheral as Sidney was pedigreed and prominent. Not long after my Macbeth outing, I learned that Shakespeare’s Globe, in London, had set out to explore this figure’s input to the canon. The theater’s summer 2018 season concluded with a new play, Emilia, about a contemporary of Shakespeare’s named Emilia Bassano. Born in London in 1569 to a family of Venetian immigrants—musicians and instrument-makers who were likely Jewish—she was one of the first women in England to publish a volume of poetry (suitably religious yet startlingly feminist, arguing for women’s “Libertie” and against male oppression). Her existence was unearthed in 1973 by the Oxford historian A. L. Rowse, who speculated that she was Shakespeare’s mistress, the “dark lady” described in the sonnets. In Emilia, the playwright Morgan Lloyd Malcolm goes a step further: Her Shakespeare is a plagiarist who uses Bassano’s words for Emilia’s famous defense of women in Othello.

    Could Bassano have contributed even more widely and directly? The idea felt like a feminist fantasy about the past—but then, stories about women’s lost and obscured achievements so often have a dreamlike quality, unveiling a history different from the one we’ve learned. Was I getting carried away, reinventing Shakespeare in the image of our age? Or was I seeing past gendered assumptions to the woman who—like Shakespeare’s heroines—had fashioned herself a clever disguise? Perhaps the time was finally ripe for us to see her.

    The ranks of Shakespeare skeptics comprise a kind of literary underworld—a cross-disciplinary array of academics, actors (Derek Jacobi and Mark Rylance are perhaps the best known), writers, teachers, lawyers, a few Supreme Court justices (Sandra Day O’Connor, Antonin Scalia, John Paul Stevens). Look further back and you’ll find such illustrious names as Ralph Waldo Emerson, Walt Whitman, Mark Twain, Henry James, Sigmund Freud, Helen Keller, and Charlie Chaplin. Their ideas about the authorship of the plays and poems differ, but they concur that Shakespeare is not the man who wrote them.

    Their doubt is rooted in an empirical conundrum. Shakespeare’s life is remarkably well documented, by the standards of the period—yet no records from his lifetime identify him unequivocally as a writer. The more than 70 documents that exist show him as an actor, a shareholder in a theater company, a moneylender, and a property investor. They show that he dodged taxes, was fined for hoarding grain during a shortage, pursued petty lawsuits, and was subject to a restraining order. The profile is remarkably coherent, adding up to a mercenary impresario of the Renaissance entertainment industry. What’s missing is any sign that he wrote.

    From January 1863: Nathaniel Hawthorne considers authorship while visiting Stratford-upon-Avon

    No such void exists for other major writers of the period, as a meticulous scholar named Diana Price has demonstrated. Many left fewer documents than Shakespeare did, but among them are manuscripts, letters, and payment records proving that writing was their profession. For example, court records show payment to Ben Jonson for “those services of his wit & pen.” Desperate to come up with comparable material to round out Shakespeare, scholars in the 18th and 19th centuries forged evidence—later debunked—of a writerly life.

    To be sure, Shakespeare’s name can be found linked, during his lifetime, to written works. With Love’s Labour’s Lost, in 1598, it started appearing on the title pages of one-play editions called “quartos.” (Several of the plays attributed to Shakespeare were first published anonymously.) Commentators at the time saluted him by name, praising “Shakespeare’s fine filed phrase” and “honey-tongued Shakespeare.” But such evidence proves attribution, not actual authorship—as even some orthodox Shakespeare scholars grant. “I would love to find a contemporary document that said William Shakespeare was the dramatist of Stratford-upon-Avon written during his lifetime,” Stanley Wells, a professor emeritus at the University of Birmingham’s Shakespeare Institute, has said. “That would shut the buggers up!”
    FROM THE ARCHIVES
    October 1991 Atlantic cover

    In 1991, The Atlantic commissioned two pieces from admittedly partisan authors, Irving Matus and Tom Bethell, to examine and debate the argument:
    In Defense of Shakespeare
    The Case for Oxford

    By contrast, more than a few of Shakespeare’s contemporaries are on record suggesting that his name got affixed to work that wasn’t his. In 1591, the dramatist Robert Greene wrote of the practice of “underhand brokery”—of poets who “get some other Batillus to set his name to their verses.” (Batillus was a mediocre Roman poet who claimed some of Virgil’s verses as his own.) The following year, he warned fellow playwrights about an “upstart Crow, beautified with our feathers,” who thinks he is the “onely Shake-scene in a countrey.” Most scholars agree that the “Crow” is Shakespeare, then an actor in his late 20s, and conclude that the new-hatched playwright was starting to irk established figures. Anti-Stratfordians see something else: In Aesop’s fables, the crow was a proud strutter who stole the feathers of others; Horace’s crow, in his epistles, was a plagiarist. Shakespeare was being attacked, they say, not as a budding dramatist, but as a paymaster taking credit for others’ work. “Seeke you better Maisters,” Greene advised, urging his colleagues to cease writing for the Crow.

    Ben Jonson, among others, got in his digs, too. Scholars agree that the character of Sogliardo in Every Man Out of His Humour—a country bumpkin “without brain, wit, anything, indeed, ramping to gentility”—is a parody of Shakespeare, a social climber whose pursuit of a coat of arms was common lore among his circle of actors. In a satirical poem called “On Poet-Ape,” Jonson was likely taking aim at Shakespeare the theater-world wheeler-dealer. This poet-ape, Jonson wrote, “from brokage is become so bold a thief,”

    At first he made low shifts, would pick and glean,
    Buy the reversion of old plays; now grown
    To a little wealth, and credit in the scene,
    He takes up all, makes each man’s wit his own

    What to make of the fact that Jonson changed his tune in the prefatory material that he contributed to the First Folio of plays when it appeared seven years after Shakespeare’s death? Jonson’s praise there did more than attribute the work to Shakespeare. It declared his art unmatched: “He was not of an age, but for all time!” The anti-Stratfordian response is to note the shameless hype at the heart of the Folio project. “Whatever you do, Buy,” the compilers urged in their dedication, intent on a hard sell for a dramatist who, doubters emphasize, was curiously unsung at his death. The Folio’s introductory effusions, they argue, contain double meanings. Jonson tells readers, for example, to find Shakespeare not in his portrait “but his Booke,” seeming to undercut the relation between the man and the work. And near the start of his over-the-top tribute, Jonson riffs on the unreliability of extravagant praise, “which doth ne’er advance / The truth.”

    From September 1904: Ralph Waldo Emerson celebrates Shakespeare

    The authorship puzzles don’t end there. How did the man born in Stratford acquire the wide-ranging knowledge on display in the plays—of the Elizabethan court, as well as of multiple languages, the law, astronomy, music, the military, and foreign lands, especially northern Italian cities? The author’s linguistic brilliance shines in words and sayings imported from foreign vocabularies, but Shakespeare wasn’t educated past the age of 13. Perhaps he traveled, joined the army, worked as a tutor, or all three, scholars have proposed. Yet no proof exists of any of those experiences, despite, as the Oxford historian Hugh Trevor-Roper pointed out in an essay, “the greatest battery of organized research that has ever been directed upon a single person.”
    Emilia Bassano’s life encompassed the breadth of the Shakespeare canon: its low-class references and knowledge of the court; its Italian sources and Jewish allusions; its music and feminism.

    In fact, a document that does exist—Shakespeare’s will—would seem to undercut such hypotheses. A wealthy man when he retired to Stratford, he was meticulous about bequeathing his properties and possessions (his silver, his second-best bed). Yet he left behind not a single book, though the plays draw on hundreds of texts, including some—in Italian and French—that hadn’t yet been translated into English. Nor did he leave any musical instruments, though the plays use at least 300 musical terms and refer to 26 instruments. He remembered three actor-owners in his company, but no one in the literary profession. Strangest of all, he made no mention of manuscripts or writing. Perhaps as startling as the gaps in his will, Shakespeare appears to have neglected his daughters’ education—an incongruity, given the erudition of so many of the playwright’s female characters. One signed with her mark, the other with a signature a scholar has called “painfully formed.”

    “Weak and unconvincing” was Trevor-Roper’s verdict on the case for Shakespeare. My delving left me in agreement, not that the briefs for the male alternatives struck me as compelling either. Steeped in the plays, I felt their author would surely join me in bridling at the Stratfordians’ unquestioning worship at the shrine—their arrogant dismissal of skeptics as mere deluded “buggers,” or worse. (“Is there any more fanatic zealot than the priest-like defender of a challenged creed?” asked Richmond Crinkley, a former director of programs at the Folger Shakespeare Library who was nonetheless sympathetic to the anti-Stratfordian view.) To appreciate how belief blossoms into fact—how readily myths about someone get disseminated as truth—one can’t do better than to read Shakespeare. Just think of how obsessed the work is with mistaken identities, concealed women, forged and anonymous documents—with the error of trusting in outward appearances. What if searchers for the real Shakespeare simply haven’t set their sights on the right pool of candidates?

    Read: An interview with the author of ‘The Shakespeare Wars’

    I met Emilia Bassano’s most ardent champion at Alice’s Tea Cup, which seemed unexpectedly apt: A teahouse on Manhattan’s Upper West Side, it has quotes from Alice in Wonderland scrawled across the walls. (“off with their heads!”) John Hudson, an Englishman in his 60s who pursued a degree at the Shakespeare Institute in a mid-career swerve, had been on the Bassano case for years, he told me. In 2014, he published Shakespeare’s Dark Lady: Amelia Bassano Lanier, the Woman Behind Shakespeare’s Plays? His zeal can sometimes get the better of him, yet he emphasizes that his methods and findings are laid out “for anyone … to refute if they wish.” Like Alice’s rabbit hole, Bassano’s case opened up new and richly disorienting perspectives—on the plays, on the ways we think about genius and gender, and on a fascinating life.

    Hudson first learned of Bassano from A. L. Rowse, who discovered mention of her in the notebooks of an Elizabethan physician and astrologer named Simon Forman. In her teens, she became the mistress of Henry Carey, Lord Hunsdon, the master of court entertainment and patron of Shakespeare’s acting company. And that is only the start. Whether or not Bassano was Shakespeare’s lover (scholars now dismiss Rowse’s claim), the discernible contours of her biography supply what the available material about Shakespeare’s life doesn’t: circumstantial evidence of opportunities to acquire an impressive expanse of knowledge.

    Bassano lived, Hudson points out, “an existence on the boundaries of many different social worlds,” encompassing the breadth of the Shakespeare canon: its coarse, low-class references and its intimate knowledge of the court; its Italian sources and its Jewish allusions; its music and its feminism. And her imprint, as Hudson reads the plays, extends over a long period. He notes the many uses of her name, citing several early on—for instance, an Emilia in The Comedy of Errors. (Emilia, the most common female name in the plays alongside Katherine, wasn’t used in the 16th century by any other English playwright.) Titus Andronicus features a character named Bassianus, which was the original Roman name of Bassano del Grappa, her family’s hometown before their move to Venice. Later, in The Merchant of Venice, the romantic hero is a Venetian named Bassanio, an indication that the author perhaps knew of the Bassanos’ connection to Venice. (Bassanio is a spelling of their name in some records.)

    Further on, in Othello, another Emilia appears—Iago’s wife. Her famous speech against abusive husbands, Hudson notes, doesn’t show up until 1623, in the First Folio, included among lines that hadn’t appeared in an earlier version (lines that Stratfordians assume—without any proof—were written before Shakespeare’s death). Bassano was still alive, and by then had known her share of hardship at the hands of men. More to the point, she had already spoken out, in her 1611 book of poetry, against men who “do like vipers deface the wombs wherein they were bred.”

    Prodded by Hudson, you can discern traces of Bassano’s own life trajectory in particular works across the canon. In All’s Well That Ends Well, a lowborn girl lives with a dowager countess and a general named Bertram. When Bassano’s father, Baptista, died in 1576, Emilia, then 7, was taken in by Susan Bertie, the dowager countess of Kent. The countess’s brother, Peregrine Bertie, was—like the fictional Bertram—a celebrated general. In the play, the countess tells how a father “famous … in his profession” left “his sole child … bequeathed to my overlooking. I have those hopes of her good that her education promises.” Bassano received a remarkable humanist education with the countess. In her book of poetry, she praised her guardian as “the Mistris of my youth, / The noble guide of my ungovern’d dayes.”
    Bassano’s life sheds possible light on the plays’ preoccupation with women caught in forced or loveless marriages.

    As for the celebrated general, Hudson seizes on the possibility that Bassano’s ears, and perhaps eyes, were opened by Peregrine Bertie as well. In 1582, Bertie was named ambassador to Denmark by the queen and sent to the court at Elsinore—the setting of Hamlet. Records show that the trip included state dinners with Rosencrantz and Guildenstern, whose names appear in the play. Because emissaries from the same two families later visited the English court, the trip isn’t decisive, but another encounter is telling: Bertie met with the Danish astronomer Tycho Brahe, whose astronomical theories influenced the play. Was Bassano (then just entering her teens) on the trip? Bertie was accompanied by a “whole traine,” but only the names of important gentlemen are recorded. In any case, Hudson argues, she would have heard tales on his return.

    Later, as the mistress of Henry Carey (43 years her senior), Bassano gained access to more than the theater world. Carey, the queen’s cousin, held various legal and military positions. Bassano was “favoured much of her Majesty and of many noblemen,” the physician Forman noted, indicating the kind of extensive aristocratic associations that only vague guesswork can accord to Shakespeare. His company didn’t perform at court until Christmas of 1594, after several of the plays informed by courtly life had already been written. Shakespeare’s history plays, concerned as they are with the interactions of the governing class, presume an insider perspective on aristocratic life. Yet mere court performances wouldn’t have enabled such familiarity, and no trace exists of Shakespeare’s presence in any upper-class household.

    And then, in late 1592, Bassano (now 23) was expelled from court. She was pregnant. Carey gave her money and jewels and, for appearance’s sake, married her off to Alphonso Lanier, a court musician. A few months later, she had a son. Despite the glittering dowry, Lanier must not have been pleased. “Her husband hath dealt hardly with her,” Forman wrote, “and spent and consumed her goods.”

    Bassano was later employed in a noble household, probably as a music tutor, and roughly a decade after that opened a school. Whether she accompanied her male relatives—whose consort of recorder players at the English court lasted 90 years—on their trips back to northern Italy isn’t known. But the family link to the home country offers support for the fine-grained familiarity with the region that (along with in-depth musical knowledge) any plausible candidate for authorship would seem to need—just what scholars have had to strain to establish for Shakespeare. (Perhaps, theories go, he chatted with travelers or consulted books.) In Othello, for example, Iago gives a speech that precisely describes a fresco in Bassano del Grappa—also the location of a shop owned by Giovanni Otello, a likely source of the title character’s name.

    Her Bassano lineage—scholars suggest the family were conversos, converted or hidden Jews presenting as Christians—also helps account for the Jewish references that scholars of the plays have noted. The plea in The Merchant of Venice for the equality and humanity of Jews, a radical departure from typical anti-Semitic portrayals of the period, is well known. “Hath not a Jew hands, organs, dimensions, senses, affections, passions?” Shylock asks. “If you prick us, do we not bleed?” A Midsummer Night’s Dream draws from a passage in the Talmud about marriage vows; spoken Hebrew is mixed into the nonsense language of All’s Well That Ends Well.
    Stephen Doyle

    What’s more, the Bassano family’s background suggests a source close to home for the particular interest in dark figures in the sonnets, Othello, and elsewhere. A 1584 document about the arrest of two Bassano men records them as “black”—among Elizabethans, the term could apply to anyone darker than the fair-skinned English, including those with a Mediterranean complexion. (The fellows uttered lines that could come straight from a comic interlude in the plays: “We have as good friends in the court as thou hast and better too … Send us to ward? Thou wert as good kiss our arse.”) In Love’s Labour’s Lost, the noblemen derisively compare Rosaline, the princess’s attendant, to “chimney-sweepers” and “colliers” (coal miners). The king joins in, telling Berowne, who is infatuated with her, “Thy love is black as ebony,” to which the young lord responds, “O wood divine!”

    Bassano’s life sheds possible light, too, on another outsider theme: the plays’ preoccupation with women caught in forced or loveless marriages. Hudson sees her misery reflected in the sonnets, thought to have been written from the early 1590s to the early 1600s. “When, in disgrace with fortune and men’s eyes, / I all alone beweep my outcast state, /And trouble deaf heaven with my bootless cries, /And look upon myself and curse my fate,” reads sonnet 29. (When Maya Angelou first encountered the poem as a child, she thought Shakespeare must have been a black girl who had been sexually abused: “How else could he know what I know?”) For Shakespeare, those years brought a rise in status: In 1596, he was granted a coat of arms, and by 1597, he was rich enough to buy the second-largest house in Stratford.

    Read: What Maya Angelou meant when she said ‘Shakespeare must be a black girl’

    In what is considered an early or muddled version of The Taming of the Shrew, a man named Alphonso (as was Bassano’s husband) tries to marry off his three daughters, Emilia, Kate, and Philema. Emilia drops out in the later version, and the father is now called Baptista (the name of Bassano’s father). As a portrait of a husband dealing “hardly” with a wife, the play is horrifying. Yet Kate’s speech of submission, with its allusions to the Letters of Paul, is slippery: Even as she exaggeratedly parrots the Christian doctrine of womanly subjection, she is anything but dutifully silent.

    Shakespeare’s women repeatedly subvert such teachings, perhaps most radically in The Winter’s Tale, another drama of male cruelty. There the noblewoman Paulina, scorned by King Leontes as “a most intelligencing bawd” with a “boundless tongue,” bears fierce witness against him (no man dares to) when he wrongly accuses Queen Hermione of adultery and imprisons her. As in so many of the comedies, a more enlightened society emerges in the end because the women’s values triumph.

    I was stunned to realize that the year The Winter’s Tale was likely completed, 1611, was the same year Bassano published her book of poetry, Salve Deus Rex Judæorum. Her writing style bears no obvious resemblance to Shakespeare’s in his plays, though Hudson strains to suggest similarities. The overlap lies in the feminist content. Bassano’s poetry registers as more than conventional religious verse designed to win patronage (she dedicates it to nine women, Mary Sidney included, fashioning a female literary community). Scholars have observed that it reads as a “transgressive” defense of Eve and womankind. Like a cross-dressing Shakespearean heroine, Bassano refuses to play by the rules, heretically reinterpreting scripture. “If Eve did err, it was for knowledge sake,” she writes. Arguing that the crucifixion, a crime committed by men, was a greater crime than Eve’s, she challenges the basis of men’s “tyranny” over women.

    “I always feel something Italian, something Jewish about Shakespeare,” Jorge Luis Borges told The Paris Review in 1966. “Perhaps Englishmen admire him because of that, because it’s so unlike them.” Borges didn’t mention feeling “something female” about the bard, yet that response has never ceased to be part of Shakespeare’s allure—embodiment though he is of the patriarchal authority of the Western canon. What would the revelation of a woman’s hand at work mean, aside from the loss of a prime tourist attraction in Stratford-upon-Avon? Would the effect be a blow to the cultural patriarchy, or the erosion of the canon’s status? Would (male) myths of inexplicable genius take a hit? Would women at last claim their rightful authority as historical and intellectual forces?

    I was curious to take the temperature of the combative authorship debate as women edge their way into it. Over more tea, I tested Hudson’s room for flexibility. Could the plays’ many connections to Bassano be explained by simply assuming the playwright knew her well? “Shakespeare would have had to run to her every few minutes for a musical reference or an Italian pun,” he said. I caught up with Mark Rylance, the actor and former artistic director of the Globe, in the midst of rehearsals for Othello (whose plot, he noted, comes from an Italian text that didn’t exist in English). A latitudinarian doubter—embracing the inquiry, not any single candidate—Rylance has lately observed that the once heretical notion of collaboration between Shakespeare and other writers “is now accepted, pursued and published by leading orthodox scholars.” He told me that “Emilia should be studied by anyone interested in the creation of the plays.” David Scott Kastan, a well-known Shakespeare scholar at Yale, urged further exploration too, though he wasn’t ready to anoint her bard. “What’s clear is that it’s important to know more about her,” he said, and even got playful with pronouns: “The more we know about her and the world she lived in, the more we’ll know about Shakespeare, whoever she was.”
    Related Stories

    Such Ado: The Fight for Shakespeare’s Puns
    Shakespeare in Love, or in Context

    In the fall, I joined the annual meeting of the Shakespeare Authorship Trust—a gathering of skeptics at the Globe—feeling excited that gender would be at the top of the agenda. Some eyebrows were raised even in this company, but enthusiasm ran high. “People have been totally frustrated with authorship debates that go nowhere, but that’s because there have been 200 years of bad candidates,” one participant from the University of Toronto exclaimed. “They didn’t want to see women in this,” he reflected. “It’s a tragedy of history.”

    He favored Sidney. Others were eager to learn about Bassano, and with collaboration in mind, I wondered whether the two women had perhaps worked together, or as part of a group. I thought of Bassano’s Salve Deus, in which she writes that men have wrongly taken credit for knowledge: “Yet Men will boast of Knowledge, which he tooke / From Eve’s faire hand, as from a learned Booke.”

    The night after the meeting, I went to a performance of Antony and Cleopatra at the National Theatre. I sat enthralled, still listening for the poet in her words, trying to catch her reflection in some forgotten bit of verse. “Give me my robe, put on my crown,” cried the queen, “I have / Immortal longings in me.” There she was, kissing her ladies goodbye, raising the serpent to her breast. “I am fire and air.”

  • Un Noël d’enfer

    https://slund.bandcamp.com/track/a-very-slundy-christmas

    Aaaaaahhh, just sit back in front of the fire place with a nice cup of hot chocolate and enjoy this wonderful piece of art (yes, this is art).
    Let the warm smooth sound embrace you like a warm blanket on a cold christmas morning. Feel the christmas spirit as this incredible masterpiece caresses your ears with its warm softness. Let it wrap your heart with a loving embrace... and so on, you get the idea.

    For fans of WHAM! and Disney and other lame stuff.

    Also, it’s a perfect christmas gift for your grandparents.

    https://slund666.wixsite.com/slund/music
    https://slund666.wixsite.com/slund/spiritual-quote

    https://www.youtube.com/watch?v=OZ3GpUSpEIs


    https://www.youtube.com/channel/UC-_J6LnY0NychFne4Qbl3sQ
    #grind #Slund #bandcamp

  • Meet Francis Malofiy, the Philadelphia Lawyer Who Sued Led Zeppelin
    https://www.phillymag.com/news/2019/02/11/francis-malofiy-led-zeppelin

    Francis Malofiy may be the most hated man in the Philadelphia legal community. He may also be on the cusp of getting the last laugh on rock’s golden gods.

    #droit_d_auteur #musique #plagiat

    • @sandburg Voillà

      Meet Francis Malofiy, the Philadelphia Lawyer Who Sued Led Zeppelin
      https://www.phillymag.com/news/2019/02/11/francis-malofiy-led-zeppelin

      People Laughed When This Philly Lawyer Sued Led Zeppelin. Nobody’s Laughing Now.

      Francis Malofiy may be the most hated man in the Philadelphia legal community. He may also be on the cusp of getting the last laugh on rock’s golden gods.

      By Jonathan Valania· 2/11/2019


      Philadelphia-area attorney Francis Malofiy. Photograph by Bryan Sheffield.

      The fact that Philadelphia barrister Francis Alexander Malofiy, Esquire, is suing Led Zeppelin over the authorship of “Stairway to Heaven” is, by any objective measure, only the fourth most interesting thing about him. Unfortunately for the reader, and the purposes of this story, the first, second and third most interesting things about Malofiy are bound and gagged in nondisclosure agreements, those legalistic dungeons where the First Amendment goes to die. So let’s start with number four and work our way backward.

      At the risk of stating the obvious, ladies and gentlemen of the jury, let the record show that “Stairway to Heaven” is arguably the most famous song in all of rock-and-roll, perhaps in all of popular music. It’s also one of the most lucrative — it’s estimated that the song has netted north of $500 million in sales and royalties since its 1971 release. Malofiy’s lawsuit, cheekily printed in the same druidic font used for the liner notes of the album Led Zeppelin IV, alleges that Jimmy Page and Robert Plant — Zep’s elegantly wasted guitarist/producer/central songwriter and leonine, leather-lunged lead singer, respectively — stole the iconic descending acoustic-guitar arpeggios of the first two minutes of “Stairway” from “Taurus,” a song with a strikingly similar chord pattern by a long-forgotten ’60s band called Spirit. At the conclusion of a stormy, headline-grabbing trial in 2016 that peaked with testimony from Page and Plant, the jury decided in Zep’s favor.

      When the copyright infringement suit was first filed in Philadelphia by Malofiy (pronounced “MAL-uh-fee”) on behalf of the Randy Craig Wolfe Trust — which represents the estate of Randy “California” Wolfe, the now-deceased member of Spirit who wrote “Taurus” — people laughed. Mostly at Malofiy. The breathless wall-to-wall media coverage the trial garnered often painted him as a loose-cannon legal beagle, one part Charlie Sheen, one part Johnnie Cochran. “Everybody kind of dismissed me as this brash young lawyer who didn’t really understand copyright law,” he says, well into the wee hours one night back in December, sitting behind a desk stacked four feet high with legal files in the dank, subterranean bunker that is his office.

      Hidden behind an unmarked door on the basement floor of a nondescript office building in Media, the law firm of Francis Alexander LLC is a pretty punk-rock operation. The neighbors are an anger management counselor and a medical marijuana dispensary. “I think of us as pirates sinking big ships,” Malofiy, who’s 41, brags. Given the sheer number of death threats he says he’s received from apoplectic Zep fans, the fact that mysterious cars seem to follow him in the night, and his claim to have found GPS trackers stuck to the bottom of his car, the precise location of his offices remains a closely guarded secret. Failing that, he has a license to carry, and most days, he leaves the house packing a .38-caliber Smith & Wesson.

      While most lawyers are sleeping, Malofiy is working through the night to defeat them, often until sunrise, fueled by an ever-present bottle of grape-flavored Fast Twitch as he chain-chews Wrigley’s Spearmint gum and huffs a never-ending string of Marlboro menthols. We’ve been talking on the record for going on eight hours, and Malofiy shows no signs of fading; in fact, he’s just announced the arrival of his third wind.

      He has a pretty good ‘fuck you’ attitude that comes from an inner confidence. He might have had a little too much early on,” attorney Jim Beasley Jr. says of Malofiy. “If you piss the judge off with your pirate act, the judge can make it difficult for you. Sometimes you could avoid all that by not swinging your pirate sword around.

      Talk turns to the distinctly pro-Zep tenor of the media coverage of the “Stairway” trial. “I was a punch line for jokes,” he says, spitting his gum into a yellow Post-it and banking it into the trash for, like, the 42nd time. Nobody’s laughing now, least of all Page and Plant. Nor, for that matter, is Usher. Back in October, at the conclusion of a dogged seven-year legal battle marked by a bruising string of dismissals and sanctions, Malofiy won a $44 million verdict — one of the largest in Pennsylvania in 2018 — for a Philadelphia songwriter named Daniel Marino who sued his co-writers after being cut out of the songwriting credits and royalties for the song “Bad Girl” from the R&B heartthrob’s 2004 breakout album, Confessions, which sold more than 10 million copies.

      Also, in late September of last year, the U.S. Ninth Circuit Court of Appeals ruled in favor of Malofiy’s appeal of the 2016 “Stairway to Heaven” verdict and ordered a new trial on the grounds that the court “abused its discretion” when the judge refused to allow Malofiy to play a recording of “Taurus” for the jury. (Members were only allowed to hear an acoustic-guitar rendition played from sheet music.) The retrial is expected to begin in the next year, and Page and Plant, along with bassist John Paul Jones, are again anticipated to take the stand. Copyright experts say Led Zeppelin — which has a long history of ripping off the ancient riffs and carnal incantations of wizened Delta bluesmen and only giving credit when caught — should be worried.

      Malofiy, who calls Zep “the greatest cover band in all of history,” will go to trial armed with reams of expert testimony pinpointing the damning similarities between the two songs — not just the nearly identical and atypical chord pattern, but the shared melodic figurations, choice of key and distinctive voicings. He’ll also show the jury that Page and Plant had ample opportunity to hear “Taurus” when Zep opened for Spirit on their first American tour in 1968, two years before they wrote and recorded “Stairway.”

      “Most big companies rely on the concept of wearing you down, forcing you to do so much work it literally drives you broke,” says Glen Kulik, a heavy-hitter L.A.-based copyright lawyer who signed on as Malofiy’s local counsel when the Zep case was moved to federal court in California. “If you have any chance of standing up to them, it’s going to require an incredible amount of persistence, confidence, and quite a bit of skill as well, and Francis has all those things in spades.” And Kulik would know, having successfully argued a landmark copyright infringement case before the Supreme Court in 2014 that paved the way for the Zeppelin suit.


      Francis Malofiy. Photograph by Bryan Sheffield.

      Ultimately, Malofiy doesn’t have to prove Led Zeppelin stole Spirit’s song; he just has to convince a jury that’s what happened. Assuming the trial goes forward — and that this time, he’s allowed to play recordings of both songs for the jury — there will be blood. Because contrary to his hard-won rep as a bull in the china shop of civil litigation, Malofiy possesses a switchblade-sharp legal mind, an inexhaustible work ethic, and a relentless, rock-ribbed resolve to absorb more punches than his opponents can throw. He’s a ruthlessly effective courtroom tactician with a collection of six-, seven- and eight-figure verdicts, not to mention the scalps of opposing counsel who underestimated his prowess. “I don’t plink pigeons; I hunt lions and tigers and bears,” he says. The big game he’s targeted in the past decade include deep-pocketed transnational corporations like Volvo (an epic seven-year case that ended in an undisclosed settlement) and Hertz (against whom he won a $100,000 verdict).

      In the arena of civil litigation, where the odds are increasingly stacked against plaintiffs, Malofiy claims to have never lost a jury trial, and that appears to be true. “I have lost twice — in the Zeppelin case and a lawsuit against Volvo — but got both decisions reversed on appeals,” he says, unsheathing a fresh stick of Wrigley’s. “Now, the same people that were asking me for years why I’m doing it are asking me how I did it.”

      If Malofiy prevails in the coming “Stairway” retrial, he’ll completely shatter the Tolkien-esque legend of the song’s immaculate conception — that it was birthed nearly in toto during a mystical retreat at a remote Welsh mountain cottage called Bron-yr-aur, to which many a starry-eyed Zep disciple has made a pilgrimage once upon a midnight clear when the forests echo with laughter. It will be like proving that da Vinci didn’t paint the Mona Lisa, that Michelangelo didn’t sculpt David. Barring a last-minute settlement, many legal and copyright experts predict that Malofiy may well emerge victorious, and credit for the most famous rock song in the world will pass from the self-appointed Golden Gods of Led Zeppelin to some obscure, long-forgotten (and not even very good) West Coast psych band, along with tens of millions in royalties, effectively rewriting the sacred history of rock-and-roll. And the man who will have pulled off this fairly miraculous feat of judicial jujitsu is the enfant terrible of Philadelphia jurisprudence.

      Malofiy hates wearing a suit and tie. Outside the courtroom, he dresses like a rock star masquerading as a lawyer: a crushable black trilby perched at a jaunty angle atop a blue bandana, a collarless black and orange leather Harley jacket, and a pair of beat-to-fuck brown Wesco boots, unlaced. “I’m always in jeans and boots when I meet new clients,” he says. “I warn them up front: ‘If you want a fancy lawyer in a suit, you should go elsewhere.’”

      The barrier to entry for new clients at Francis Alexander LLC is steep, because Malofiy doesn’t take on new cases so much as he adopts new causes. A case has to register on a deeply personal level if he’s going to eat, sleep, and fight to the death for it for the next five to seven years.

      “Lawyers have an ethical responsibility to advocate zealously for their clients,” says attorney Max Kennerly, who’s worked with Malofiy on a number of cases. “But frankly, in this business, a lot of lawyers play the odds and just do a ‘good enough’ job on a bunch of cases. Sometimes they win, and sometimes they lose. Francis really throws himself into his cases.”

      After 10 years of struggle, things finally seem to be breaking Malofiy’s way. Fat checks from cases settled long ago are rolling in, alleviating some fairly crippling cash-flow issues, and big cases just keep falling out of the sky — more than his two-lawyer outfit can field. They need to staff up, stat. Malofiy wants to hire some young bucks fresh out of law school — preferably Temple — as force multipliers in his quest to hold the powerful accountable on behalf of the powerless. “Most kids in law school right now will never see the inside of a courtroom,” he says. “Law schools don’t want to teach you how to change the system; they want to load you up with debt so you have to go do grunt work for some corporate law firm that specializes in maintaining the status quo.”


      Francis Malofiy. Photograph by Bryan Sheffield.

      Malofiy doesn’t have a website. He doesn’t do social media. He doesn’t trawl the watering holes of the rich and powerful. He doesn’t even have a business card. Thanks to the notoriety and name recognition that came with the Zeppelin trial, new clients chase him. He just got off the phone with a Brooklyn puppet maker who wants him to sue the band Fall Out Boy for alleged misuse of two llamas — Frosty and Royal Tea — that it created. Right now, he’s on a conference call with a trio of British songwriters who want Malofiy to sue the Weeknd for allegedly lifting a key section of their song “I Need to Love” for a track called “A Lonely Night” on his 2016 Starboy album, which has sold more than three million copies to date.

      “Why are you guys calling me?” he asks.

      “We’re looking for an honest person fighting for ordinary working people,” says Billy Smith, one of the Brit songwriters in question. Malofiy clearly likes the sound of that. After thinking it over for a few moments, he tells them he’ll take their case and gives them his standard new-client spiel. “I can’t promise we’ll win, but I can promise I won’t turn yellow when things turn bad. I won’t put my tail between my legs and run,” he says. “If there is any bad news, you will hear it from me first.”

      His teeth have been bothering him for days, and near the end of the call, one of his dental caps comes loose. He spits it out, and it skitters across his desk before he traps it under his palm. Most lawyers would be mortified. Malofiy thinks it’s hilarious. “I got teeth like you people,” he says to the Brits. Everybody laughs.

      Many people mistake Malofiy’s unconventionality as a design flaw when it’s actually a feature. “I think that’s an incredibly important part of what makes him so good as an attorney,” says A.J. Fluehr, 33, Malofiy’s right-hand man, co-counsel and, though eight years his boss’s junior, voice of reason. “Because he’s so unorthodox, I believe it causes a lot of other attorneys to underestimate him and think, ‘Oh, he’s not serious; he doesn’t know what he’s doing.’ All of sudden, there’s a massively serious case against them.”

      Even some of the defense lawyers who’ve done battle with Malofiy begrudgingly acknowledge his chops. “I’ve known Francis for four years now. He is difficult to deal with but a fierce advocate for his clients and his cause,” says Rudolph “Skip” DiMassa, a partner at Duane Morris. “Calling him ‘abrasive’ would be putting it mildly. But he wears it like a badge of honor that he is not like all the other lawyers in town.”

      When I read that and similar assessments from other lawyers back to Malofiy, he chalks them up to blowback for the heresy of Robin Hooding a corrupt status quo. “I have a target on my back because I sue big corporations, politicians, big law firms. Hell, I sued DA Seth Williams,” he says one night at the Irish Pub, as he’s nursing a screwdriver he’ll chase with a root beer. “When you start stepping on toes and suing the wrong people and get a few million shifted from those who have it to those who don’t — that’s where the change happens; that’s where you make a difference. And there is a price you have to pay for that.”

      According to family lore, Francis Malofiy’s maternal grandfather was murdered by Nazis in occupied Greece; his great-grandmother had to cut the body down from a tree and carry it home on the back of a mule. Concurrently, his paternal grandfather was murdered by Nazis in Ukraine, while his father and grandmother were frog-marched to camps in Germany. Some things can never be forgotten or forgiven. That’s why Malofiy is always kicking against the pricks. A slight child, he was often bullied at school, and after a brief experiment with turning the other cheek, he started fighting back. Hard. He recalls the day that a bully was picking on a girl half his size; young Francis cold-cocked him and threw him into a closet door. The kid had to be taken out on a stretcher. After that, the bullies moved on to easier prey. “I was always fighting for the little guy, even back then,” he says.

      In the third grade, friends turned him on to Poison’s Look What the Cat Dragged In and Bon Jovi’s Slippery When Wet, indelibly imprinting the spandexed bikers-and-strippers aesthetic of ’80s hair-metal onto his psyche. He started channeling the energy he once put into beating back bullies into beating the drums. One day in the sixth grade, he came home to tell his dad about a band all the kids were into: “The Led Zeppelins.”

      “He said, ‘No, son, it’s just Led Zeppelin.’”

      “No, I’m pretty sure it’s the Led Zeppelins.”

      So his father, who’d seen the band at the Electric Factory, drove Francis to the record store at the Granite Run Mall, where the clerks set him straight. His father bought the four-cassette Zep box set that had just come out. On the way home, Malofiy heard “Whole Lotta Love” for the first time, and before the song even ended, it was official: Led Zeppelin was his favorite band. When he was in high school, his drum teacher gently broke the news that Zep didn’t exactly, um, write all their own music — that key parts of their iconic songs had been cherry-picked from old, obscure blues recordings. “I said, ‘C’mon, don’t talk shit about Jimmy Page!’” Malofiy recalls. Then his teacher played him the Willie Dixon-penned Muddy Waters track “You Need Love” — which is what “Whole Lotta Love” was called before Zep hijacked the lyrics and the riff and Frankensteined them into the gloriously scuzzy heavy-metal Viking porno movie for the ears we’ve come to know and love. It was hard for Francis to process, and even harder when he was tipped to the uncanny similarity between Spirit’s “Taurus” and “Stairway.” Still, the spell Zep cast over him remained unbroken.


      Francis Malofiy. Photograph by Bryan Sheffield.

      As a young teenager, he built go-karts, dirt bikes and small-block Chevys. To make spending money for guitars and records, he started buying beater cars, fixing them up, and flipping them for quadruple what he paid for them. He almost didn’t graduate from high school because he’d played hooky too many times, to go fishing or work on cars or play guitar. When he finally got his high-school diploma, he raced home from school to show his mother in his Chevy S-10 lowrider. Tearing ass on the backcountry roads of Media, he blew past a cop who immediately lit up his cherry top and gave pursuit. Soon, one cop car became two, then three, until there were five cars tailing him.

      Much to his parents’ dismay, his run-ins with the law became common. They were never for anything all that serious, just the usual teen-rebel monkeyshines: fighting, speeding, the occasional high-speed car chase. He got a big wake-up call in 1998 when his beloved Uncle Nick — a.k.a. Nicholas “The Greek” Vasiliades — was handed a life sentence for running a high-volume meth lab in a warehouse in Manayunk that supplied the drug networks of the Pagans and the Mafia, as well as for his 50-gun arsenal of illegal weaponry. Malofiy was devastated. “I was going down a bad path,” he says. “My uncle pulled me aside and said, ‘You’re smart enough to do it the right way. You need to step away.’”

      Malofiy took the warning to heart and focused on getting a college education, graduating from Penn State in 2000 with a degree in finance. After college, he went back home to Media and his true loves: cars, girls and heavy metal. With a revolving cast of musicians, he formed multiple go-nowhere suburban hard-rock bands with cringe-y names like Prada G and Sluts ’n Slayers. Unimpressed, his parents urged him to enroll in law school. Eventually he relented, forging this pact: He would go to law school if he: a) could do whatever he wanted with the unfinished basement of his parents’ home (i.e., build a high-end recording-studio-cum-man-cave tricked out with a kitchen, bedroom and bathroom); and b) nobody hassled him about having long hair, rocking out and chasing girls. Deal. Malofiy took the LSATs and scored just south of 160 — hardly off the charts, but good enough to get into Temple, where he found himself drawn to copyright law.

      He graduated from law school in December of 2007 and took the bar exam the following July. On the night of August 16, 2008, he stopped into the Liberty Bar at 22nd and Market with his then-girlfriend. It was crowded, but they found a table in the back. After ordering drinks, they started getting static from a group of three young men in ball caps and white t-shirts. “Three drunken jerkoffs, white privilege out the ass,” says Malofiy. According to Malofiy’s testimony, the trio mocked his bandana and called him “cunt,” “pussy” and a “dirty spic.” (It was summer; Malofiy was tan.) According to Malofiy, at some point the men apologized and the situation seemed defused, but then one of them grabbed Malofiy’s girlfriend’s ass. “I said, ‘That’s it. Follow me out,’ and made for the door,” Malofiy says, but he was blocked by a member of the group. As they stood chest-to-chest, Malofiy says, the man struck him twice. Finally, Malofiy, who boxed in college, unloaded with a right cross that landed squarely on the guy’s left cheekbone, shattering the glass still clenched in Malofiy’s fist.

      The man suffered a deep gash in his cheek that would require 150 stitches and reconstructive surgery. Malofiy nearly severed the tendons in his thumb. Bleeding profusely, he had his girlfriend drive him to the emergency room at Penn Presby to get stitched up and then to Central Detectives to file a criminal complaint.

      Two months later, in October, notice came in the mail that he had passed the bar. His mother was ecstatic and insisted on driving him to the Pittsburgh office of the Prothonotary of the Supreme Court of Pennsylvania immediately to obtain his law license rather than wait two weeks for the formal ceremony. When they got home the next day, Malofiy got a call from Central Detectives, who said they had a “body warrant” for his arrest on aggravated assault and related charges stemming from the Liberty Bar fight. The next day, he turned himself in and spent a night in jail awaiting a bail hearing. Had he not gone to Pittsburgh at his mother’s behest, it’s unlikely he’d have gotten his law license with a felony arrest on his record.

      Malofiy’s first case as a newly minted lawyer would involve defending a client staring down decades in prison if convicted: himself. Heeding the maxim that a man who is his own lawyer has a fool for a client, Malofiy hired Sam Stretton, one of the most respected criminal defense attorneys in the city. Malofiy took the stand and delivered an impassioned defense of his actions. “He had already hit me twice, blocked my exit-way,” he testified. “I was scared for my safety and my girlfriend’s safety, and his friends had just yelled ‘Fight!’ and came up to me with fists drawn. I thought I had no other option.” The jury found him not guilty on all charges.

      “Welcome to Hogwarts,” Malofiy jokes as he shows me around the vast oak and stained-glass room that houses the law library at the Beasley Firm, possibly the most fearsome and feared personal-injury law firm in the city, where he worked, in an of-counsel capacity, from 2012 to 2014.

      Fresh out of law school and still wet behind the ears, Malofiy showed up one day in search of mentoring. Granted an audience with Jim Beasley Jr., one of the most successful plaintiff’s attorney in the city, Malofiy ended up with a promise of rent-free office space, the phone extension 666, and a commitment to help finance some of the highly ambitious cases he was mounting — a product-liability suit against Volvo, and a breach-of-contract suit, against a marble manufacturer that had screwed his client out of an ownership share, that resulted in a $4.2 million verdict — not to mention the Usher case. “Jim was like, ‘I keep getting calls from defense lawyers saying That kid’s the fucking devil, so you must be doing something right,’” Malofiy recalls.

      During Malofiy’s tenure at Beasley, he took out a controversial full-page ad in this magazine that depicted him crashing through a courtroom in a hot rod, looking every bit James Dean in Rebel Without a Cause. Many members of Philadelphia’s uptight, buttoned-down legal community thought it was disrespectful. “Everyone was outraged, but I thought it was funny,” says Beasley. “He has a pretty good ‘fuck you’ attitude that comes from an inner confidence. He might have had a little too much of that early on, but I think he’s throttled back a bit. So many of a judge’s decisions are ties and jump-balls that are not reversible, and if you piss the judge off with your pirate act, the judge can make it difficult for you. Sometimes you could avoid all that by not swinging your pirate sword around.”

      Malofiy has learned this the hard way. In 2015, a three-judge panel voted to suspend his license to practice law in U.S. District Court in the Eastern District of Pennsylvania for improper conduct in the Usher case — despite the fact that the special prosecutor recommended what amounted to a slap on the wrist: a reprimand.

      “It’s highly unusual that they would disregard the disciplinary recommendations of the special prosecutor after he has heard the facts,” says Stretton. The matter is currently on appeal before the Third Circuit.

      At Malofiy’s insistence, I’ve been tailing him for the better part of a month: from a big-dollar NDA’d settlement in a judge’s quarters, to a Port Richmond dive bar called Chuckles, to a Bucks County gun shop where he plunked down $1,729 for a handsome Benelli shotgun (a gift for his right-hand man Fluehr), to a back-alley strip bar in Center City and the disused factory under the Commodore Barry Bridge that he’s purchased and plans to renovate into office space, living quarters and a beer garden. I watched him hide his $82,000 Land Rover from the repo man (“It’s all a misunderstanding”) and then, days later, saw a pile of white letter-size envelopes stacked on his desk, each containing what looked to be thousands in cash. What I have come to learn is this: When you write about lawyers, there is so much you can’t write about lawyers.

      Malofiy slowly, methodically and unflinchingly parceled out the most personal details of his backstory — the good, the bad and the ugly — as I incrementally earned his trust. But always on his timetable, not mine. It could be exasperating, but by the end, I discovered the method to his madness: He’d been pacing his revelations as he would a trial presentation. And now we’re reaching the crescendo of his closing argument — the big reveal.


      Francis Malofiy. Photograph by Bryan Sheffield.

      It’s a few clicks shy of midnight at Malofiy’s house in Media on a Sunday night shortly before Christmas. In the morning, he’s jetting off to an auction in London to bid on the Helios recording console that captured “Stairway to Heaven” for the ages. (Malofiy, true to form, won’t confirm that he won or lost the auction.) Though he’s been locked in a nasty four-year legal fight with Led Zeppelin, they’re still his favorite band.

      Malofiy called to insist that I come to his house tonight. “Why? What for?” I demanded. He said he wanted to show me something I could only see there. I begged off, explaining that this article was due in the morning and I already had more than I could use. But he insisted, promising it would be worth my while. He doesn’t disappoint. He tells me to open the freezer. There’s a bottle of Tito’s vodka, an ice tray, and half a lemon on a plate with a yellow plastic knife. “That’s the lemon Robert Plant squeezed into his tea when we deposed him in London back in 2016,” he claims. This is deeply ironic and, if you’re acquainted with the role lemons play in Plant’s legend, cosmically hilarious. One of Led Zeppelin’s most infamous tracks is “The Lemon Song,” a sultry blooze ramble from 1969’s deathless Led Zeppelin II stitched together from pieces of Howlin’ Wolf’s “Killing Floor” and Robert Johnson’s “Travelling Riverside Blues.” (Zep settled a 1972 copyright suit over the Howlin’ Wolf portion of the song.) In the fifth verse, Plant sings:

      Squeeze me baby, till the juice runs down my leg
      The way you squeeze my lemon, ah
      I’m gonna fall right out of bed

      By swiping that lemon rind at the deposition, Malofiy stole Robert Plant’s metaphoric penis the way Prometheus stole fire from the gods. Zep famously invoked the mythic “Hammer of the Gods” from Norse legend. For Jimmy Page, that hammer was his guitar, but for Plant it was his, um, mighty lemon tree.

      Incredible though it may seem, Malofiy says he’s kept the lemon on ice for the past three years and had it in his briefcase like a talisman when he gave oral arguments for what proved to be his successful appeal of the 2016 “Stairway” verdict. He has every intention of taking it to the retrial that will, barring unforeseen developments, commence in the next year.

      “Robert Plant is always going on about his lemon, and at the deposition he made a big deal out of slicing it up and squeezing it into his tea and then sucking on the rind,” he says with a cat-who-ate-the-canary grin. “Jimmy Page famously dabbled in black magic and was always going on about Aleister Crowley, and I said to myself, ‘If they are going to use black magic to try to beat me on technicalities — well, two can play at that game.’”

      Published as “The Devil’s Advocate” in the February 2019 issue of Philadelphia magazine.

  • I spent 2 years cleaning houses. What I saw makes me never want to be rich. - Vox
    https://www.vox.com/2015/7/16/8961799/housekeeper-job-clients

    One was the Porn House, for all the issues of Hustler in the nightstand and for the bottle of lube that sometimes sat in front of the alarm clock, illuminated by the red numbers. I had to change the sheets, of course, but I never picked any socks up off the floor. There was always something cooking in the crock pot; sometimes I’d walk in and the whole house smelled of caramelizing ham.

    The wife left notes addressed to “Cleaner” under a magnet on the fridge that said We’re staying together for the cat. She slept in the spare bedroom.

    Next to the Porn House was the Sad House. They shared a driveway, and both had large garages and living rooms facing the ocean.

    I did both houses every other Wednesday, but didn’t go to the Sad House much. The owner spent a lot of time in the hospital, and so his house stayed clean, except for dust that settled on the kitchen counters and the dining room table.

    His wife had died some years earlier — I guessed in the late ’80s — but every trinket she’d collected remained on the windowsills, and her to-do lists remained tacked to the cork board by the desk in the kitchen.

    “Get new hose.”

    “Fix crack in sidewalk.”

    “New latch for gate.”

    The bathroom had two sinks. Hers still had a hair dryer plugged in and hung on a hook. His side had a cup with a comb and whatever medication he took in the morning and at night — it was different every time.

    Across from the sink was a wicker shelf. It had a picture of their eldest son on top of a mountain. He had a green bandana and a beard, and gave a peace sign; the photo was framed with that poem you see on bereavement cards: “Do not stand at my grave and weep. I am not there. I do not sleep.” That’s how it starts. I copied it down to give to a friend who’d just lost her dog.

    Beside the photo were two little boxes, one made from a heavy clay, the other some kind of dark pewter. His wife’s picture leaned behind the clay box. I opened them once. They had ashes, and tags and statements from the funeral home. I wondered if it comforted him to have them there, behind him, while he combed his hair.

    The money my clients spent startled me. One house had a receipt for a throw blanket more expensive than my car. I vacuumed children’s bedrooms bigger than my apartment. Rob’s House — my picky Friday client who adored me — had $3,000 worth of television and stereo equipment just in the living room. The TV was always on. My Christmas card from him and his wife contained a $100 bonus, the highest the company had ever seen. That was around when the prescription bottles multiplied by the bathroom sink and Rob’s skin took on a yellow tone.

    Usually I never met my clients. I saw the lady from the Porn House after cleaning one time, at the store. She had on green hospital scrubs under a long red coat. Her short brown hair stuck out on one side, and she smoothed it while inspecting the steaks on clearance. I stood about 10 feet away from her, trying not to stare, holding cough syrup and juice for my daughter. She had no idea who I was. I knew she’d just gotten over a long sinus infection, and spat large wads of snot in the shower.

    I saw the lady who used the testosterone cream at a restaurant. Her date was tall, in good shape, with fluffy blond hair. She had on high heels and too much makeup. They smiled at each other, but didn’t hold hands. He’d left an overnight bag at her house that week while the kids were at their dad’s. It had lube and one of those egg vibrators in it. I stood across from them at the bar, waiting for a friend, thinking how sad it must be to lose something like your libido.
    “The money my clients spent startled me. One house had a receipt for a throw blanket more expensive than my car.”

    After a while, I got used to the loneliness these houses held. I got used to Cigarette Lady, whose husband went out of town a lot. She kept cartons of cigarettes in a freezer in the garage. They were the long, skinny types; I don’t remember the brand. A pantry off the kitchen had fat-free soups, crackers, and fat-free salad dressings. The refrigerator contained not much more than water and lettuce. A toilet in the upstairs bathroom off the kitchen always had crusted vomit under the rim.

    #USA #nantis #culture

    • Holy judgmental, Batman !

      Je vois pas vraiment en quoi les riches sont différents dans cet article. Des couples séparés sous le même toit, des gens sur-médicamentés, ça se trouve partout. La différence c’est que la plupart des gens n’ont pas de personnes qui viennent travailler chez eux et en profitent pour les épier et les juger.

      Elle aurait écrit ça avec des gens dans le besoin, on aurait crié au poverty porn.

    • Mai non @koantig , c’est intéressant parce qu’on nous vend toujours le fait d’avoir beaucoup d’argent comme gage de bonheur alors que c’est un mensonge inventé pour nous faire marcher. Ce sont les églises pentecôtistes autant que les extrémistes néolibérauux qui nous présentent les riches comme les gens qui font avancer la société parce que l’argent les anoblit.

      La fonction utile de l’article se trouve alors justement dans ce que tu constates : ces nantis ne sont pas de la race des Übermensch mais des êtres humains qui souffrent autant que tout le monde de l’alinéation par le système qui les nourrit si bien. Il y a une raison pourquoi on envoie ses gamins dans des écoles privées en Suisse. C’est là qu’ils apprennent la conscience de classe et la discipline nécessaire pour pouvoir jouir sans remords de l’exploitation et du mépris pour des gens comme toi et moi.

      Contrairement aux membres des familles nobles et riches depuis des siècles ces nouveaux riches étatsuniens sont souvent des gens assez peu cultivés et trop ordinaires pour jouer le jeu d’une manière convaincante. Les familles dont parle l’auteure n’ont pas encore réussi à se pérenniser et se trouvent en plein combat pour y réussir. Dans bien des cas ceci ne marchera pas à souhait et ils le savent pertinemment. C’est une situation assez difficile á supporter et pathogène en conséquence. Voilà la signification du titre.

      Ce genre d’article a nécessairement un côté Bling Ring mais ce qui compte c’est sa qualité documentaire et littéraire. Il n’est pas mal à ce niveau là.

    • Je ne peux pas parler du niveau littéraire parce que j’y connais rien mais en tout cas ça m’a pas frappé.

      Quant au niveau documentaire, c’est plutôt faible : elle s’est mis en tête de trouver des indices de problèmes ("I looked for secrets in the nightstands, for the story below the American dream. I searched for the stashes of empty wine bottles and peeked into medicine cabinets.") et - surprise !- elle en a trouvé. Mais encore une fois, y-a-t-il une différence avec les gens moins aisés ? On n’en sait rien.

      Oh et puis franchement :

      I started to see the fact that I couldn’t afford to buy my daughter fancy electronics as a luxury. We went to the beach and looked for crabs under the rocks instead. We spent rainy Saturdays doing a 25-cent puzzle.

      « On n’a peut-être pas beaucoup d’argent mais on a du coeur, Monsieur ! A Noel, on avait juste une orange mais on était contents ! »
      Elle remplace juste le cliché « Les riches c’est des winners » par un autre : seuls les pauvres savent aimer, les riches ne sont que des robots avaricieux, idiots utiles conditionnés pour être obsédés par l’argent. Vraiment simpliste.

  • A couple of #nomad #makers: finding friends and side project profits
    https://hackernoon.com/a-couple-of-nomad-makers-finding-friends-and-side-project-profits-e9a22b

    This article is the second in a three part series. If you want to read the first one you can do here.Christmas on the beach!Spending Christmas on the beach in Australia was the perfect way to celebrate surviving a year of traveling together.James’ childhood friend emigrated to Australia a few years ago and had been badgering us to visit ever since. We kept telling him it was too expensive, but since our Estonian e-residency cards were there we ended up with no choice but to hop on the cheapest flight we could find. I guess he was pretty happy that we’d finally made it halfway around the world as he surprised us at the airport!Living and working in a campervanWe were unsure if we could afford to #travel Australia and weren’t particularly interested in doing so if it was going to cost a (...)

    #digital-nomads #vanlife

  • Journalists, Lawyers, and Activists Working on the Border Face Coordinated Harassment From U.S. and Mexican Authorities
    https://theintercept.com/2019/02/08/us-mexico-border-journalists-harassment

    Four photojournalists gathered on the southern side of the U.S.-Mexico border wall shortly after Christmas in Tijuana. They were there to document the arrival of the migrant caravans from Central America, the latest chapter in a story that had drawn President Donald Trump’s increasing outrage. As the photographers waited in the dark, a pair of Mexican police officers approached. The officers wanted to know the photographers’ names and where they were from. They asked to see their passports (...)

    #ICE #activisme #frontières #migration #journalisme #surveillance #harcèlement

  • On a mission from God : Pompeo messages evangelicals from the Middle East - Asia Times
    http://www.atimes.com/article/on-a-mission-from-god-pompeo-messages-evangelicals-from-the-middle-east

    Commentaire ironique d’Elijah Magnier sur Twitter (https://twitter.com/ejmalrai/status/1085258903045238784) : Al-Baghdadi a également une « mission divine » et Dieu doit vraiment s’intéresser au Moyen-Orient pour y envoyer autant d’envoyés !

    “This trip is especially meaningful for me as an evangelical Christian, coming so soon after the Coptic Church’s Christmas celebrations. This is an important time. We’re all children of Abraham: Christians, Muslims, Jews. In my office, I keep a Bible open on my desk to remind me of God and His Word, and The Truth.”

    He added that he was in Cairo to herald another truth, that America was a “force for good” in the Middle East.

    Pompeo then proceeded to rip into former president Barack Obama, who some fringe evangelists have accused of being a secret Muslim and even the Antichrist. The secretary of state used his speech to air domestic grievances, blaming Obama for the rise of Islamic State (ISIS) and the empowerment of Iran.

    “Remember: It was here, here in this city, that another American stood before you. He told you that radical Islamist terrorism does not stem from an ideology. He told you that 9/11 led my country to abandon its ideals, particularly in the Middle East.

    “The results of these misjudgments have been dire,” Pompeo told an assembled group of blank-faced students, eliciting little palpable reaction.

    “We grossly underestimated the tenacity and viciousness of radical Islamism, a debauched strain of the faith that seeks to upend every other form of worship or governance. ISIS drove to the outskirts of Baghdad as America hesitated. They raped and pillaged and murdered tens of thousands of innocents. They birthed a caliphate across Syria and Iraq and launched terror attacks that killed all across continents,” he said.

  • ’A sweatshop firing on all cylinders’ : what it’s like to work at Amazon at Christmas
    https://www.theguardian.com/us-news/2018/dec/19/how-your-holiday-shopping-drives-us-amazon-workers-to-exhaustion

    Time at Amazon is measured in the amount of “peak” you work. Peak, we are told, is the time when Amazon associates shine. We are forged in peak ; we are made complete by packing and shipping the Christmas and holiday dreams of people worldwide. Records are set, and we have fun while making history. Peak refers to the “peak” season, lasting from the week before Black Friday through Christmas. During this six-week period, the volume of packages running through our fulfillment, sortation and (...)

    #Amazon #bénéfices #travail #travailleurs #surveillance

    https://i.guim.co.uk/img/media/b60d8afa79852962ba1558bf165c6b518fcdf3b8/0_0_3000_1800/master/3000.jpg

  • Holy Land for Sale – Foreign Policy
    https://foreignpolicy.com/2019/01/07/holy-land-for-sale

    The Greek Orthodox Patriarchate is selling church land that’s ending up in the hands of Israeli settler groups. Its Palestinian Christian congregants are furious.

    JERUSALEM—On the eve of Orthodox Christmas, on Jan. 6, dozens of Palestinians lining the cobblestone roads of Bethlehem protested the convoy of the Greek Orthodox patriarch of Jerusalem, Theophilos III, with chants of “traitor” as it made its way to Manger Square under heavy protection by Palestinian security forces. Representatives of Bethlehem municipality gave the patriarch the cold shoulder, refusing to meet him in the square as is customary.

    The protesters’ anger is erupting now because the Greek Orthodox Church, the second-biggest landowner in the Holy Land, has in recent years been embroiled in a real estate controversy.

    The church—which owns about one-third of the land in Jerusalem’s Old City as well as property in the West Bank and in Israel, including the plot on which the Knesset is built—has quietly sold off plots of land and property to frontmen and developers, with many ending up in the hands of Israeli settler groups. The practice of selling off church property or leasing it for decades has pitted the clergy, the majority of whom are Greek, against their Palestinian flock. As these deals began to surface, protests by the church’s majority Palestinian congregation have intensified, as has fear among Israelis whose homes are located on leased church land.

  • Pan Am Flight 103 : Robert Mueller’s 30-Year Search for Justice | WIRED
    https://www.wired.com/story/robert-muellers-search-for-justice-for-pan-am-103

    Cet article décrit le rôle de Robert Mueller dans l’enquête historique qui a permis de dissimuler ou de justifier la plupart des batailles de la guerre non déclarée des États Unis contre l’OLP et les pays arabes qui soutenaient la lutte pour un état palestinien.

    Aux États-Unis, en Allemagne et en France le grand public ignore les actes de guerre commis par les États Unis dans cette guerre. Vu dans ce contexte on ne peut que classer le récit de cet article dans la catégorie idéologie et propagande même si les intentions et faits qu’on y apprend sont bien documentés et plausibles.

    Cette perspective transforme le contenu de cet article d’une variation sur un thème connu dans un reportage sur l’état d’âme des dirigeants étatsuniens moins fanatiques que l’équipe du président actuel.

    THIRTY YEARS AGO last Friday, on the darkest day of the year, 31,000 feet above one of the most remote parts of Europe, America suffered its first major terror attack.

    TEN YEARS AGO last Friday, then FBI director Robert Mueller bundled himself in his tan trench coat against the cold December air in Washington, his scarf wrapped tightly around his neck. Sitting on a small stage at Arlington National Cemetery, he scanned the faces arrayed before him—the victims he’d come to know over years, relatives and friends of husbands and wives who would never grow old, college students who would never graduate, business travelers and flight attendants who would never come home.

    Burned into Mueller’s memory were the small items those victims had left behind, items that he’d seen on the shelves of a small wooden warehouse outside Lockerbie, Scotland, a visit he would never forget: A teenager’s single white sneaker, an unworn Syracuse University sweatshirt, the wrapped Christmas gifts that would never be opened, a lonely teddy bear.

    A decade before the attacks of 9/11—attacks that came during Mueller’s second week as FBI director, and that awoke the rest of America to the threats of terrorism—the bombing of Pan Am 103 had impressed upon Mueller a new global threat.

    It had taught him the complexity of responding to international terror attacks, how unprepared the government was to respond to the needs of victims’ families, and how on the global stage justice would always be intertwined with geopolitics. In the intervening years, he had never lost sight of the Lockerbie bombing—known to the FBI by the codename Scotbom—and he had watched the orphaned children from the bombing grow up over the years.

    Nearby in the cemetery stood a memorial cairn made of pink sandstone—a single brick representing each of the victims, the stone mined from a Scottish quarry that the doomed flight passed over just seconds before the bomb ripped its baggage hold apart. The crowd that day had gathered near the cairn in the cold to mark the 20th anniversary of the bombing.

    For a man with an affinity for speaking in prose, not poetry, a man whose staff was accustomed to orders given in crisp sentences as if they were Marines on the battlefield or under cross-examination from a prosecutor in a courtroom, Mueller’s remarks that day soared in a way unlike almost any other speech he’d deliver.

    “There are those who say that time heals all wounds. But you know that not to be true. At its best, time may dull the deepest wounds; it cannot make them disappear,” Mueller told the assembled mourners. “Yet out of the darkness of this day comes a ray of light. The light of unity, of friendship, and of comfort from those who once were strangers and who are now bonded together by a terrible moment in time. The light of shared memories that bring smiles instead of sadness. And the light of hope for better days to come.”

    He talked of Robert Frost’s poem “Stopping by Woods on a Snowy Evening” and of inspiration drawn from Lockerbie’s town crest, with its simple motto, “Forward.” He spoke of what was then a two-decade-long quest for justice, of how on windswept Scottish mores and frigid lochs a generation of FBI agents, investigators, and prosecutors had redoubled their dedication to fighting terrorism.

    Mueller closed with a promise: “Today, as we stand here together on this, the darkest of days, we renew that bond. We remember the light these individuals brought to each of you here today. We renew our efforts to bring justice down on those who seek to harm us. We renew our efforts to keep our people safe, and to rid the world of terrorism. We will continue to move forward. But we will never forget.”

    Hand bells tolled for each of the victims as their names were read aloud, 270 names, 270 sets of bells.

    The investigation, though, was not yet closed. Mueller, although he didn’t know it then, wasn’t done with Pan Am 103. Just months after that speech, the case would test his innate sense of justice and morality in a way that few other cases in his career ever have.

    ROBERT S. MUELLER III had returned from a combat tour in Vietnam in the late 1960s and eventually headed to law school at the University of Virginia, part of a path that he hoped would lead him to being an FBI agent. Unable after graduation to get a job in government, he entered private practice in San Francisco, where he found he loved being a lawyer—just not a defense attorney.

    Then—as his wife Ann, a teacher, recounted to me years ago—one morning at their small home, while the two of them made the bed, Mueller complained, “Don’t I deserve to be doing something that makes me happy?” He finally landed a job as an assistant US attorney in San Francisco and stood, for the first time, in court and announced, “Good morning your Honor, I am Robert Mueller appearing on behalf of the United States of America.” It is a moment that young prosecutors often practice beforehand, and for Mueller those words carried enormous weight. He had found the thing that made him happy.

    His family remembers that time in San Francisco as some of their happiest years; the Muellers’ two daughters were young, they loved the Bay Area—and have returned there on annual vacations almost every year since relocating to the East Coast—and Mueller found himself at home as a prosecutor.

    On Friday nights, their routine was that Ann and the two girls would pick Mueller up at Harrington’s Bar & Grill, the city’s oldest Irish pub, not far from the Ferry Building in the Financial District, where he hung out each week with a group of prosecutors, defense attorneys, cops, and agents. (One Christmas, his daughter Cynthia gave him a model of the bar made out of Popsicle sticks.) He balanced that family time against weekends and trainings with the Marines Corps Reserves, where he served for more than a decade, until 1980, eventually rising to be a captain.

    Over the next 15 years, he rose through the ranks of the San Francisco US attorney’s office—an office he would return to lead during the Clinton administration—and then decamped to Massachusetts to work for US attorney William Weld in the 1980s. There, too, he shined and eventually became acting US attorney when Weld departed at the end of the Reagan administration. “You cannot get the words straight arrow out of your head,” Weld told me, speaking of Mueller a decade ago. “The agencies loved him because he knew his stuff. He didn’t try to be elegant or fancy, he just put the cards on the table.”

    In 1989, an old high school classmate, Robert Ross, who was chief of staff to then attorney general Richard Thornburgh, asked Mueller to come down to Washington to help advise Thornburgh. The offer intrigued Mueller. Ann protested the move—their younger daughter Melissa wanted to finish high school in Massachusetts. Ann told her husband, “We can’t possibly do this.” He replied, his eyes twinkling, “You’re right, it’s a terrible time. Well, why don’t we just go down and look at a few houses?” As she told me, “When he wants to do something, he just revisits it again and again.”

    For his first two years at so-called Main Justice in Washington, working under President George H.W. Bush, the family commuted back and forth from Boston to Washington, alternating weekends in each city, to allow Melissa to finish school.

    Washington gave Mueller his first exposure to national politics and cases with geopolitical implications; in September 1990, President Bush nominated him to be assistant attorney general, overseeing the Justice Department’s entire criminal division, which at that time handled all the nation’s terrorism cases as well. Mueller would oversee the prosecution of Panamanian dictator Manuel Noriega, mob boss John Gotti, and the controversial investigation into a vast money laundering scheme run through the Bank of Credit and Commerce International, known as the Bank of Crooks and Criminals

    None of his cases in Washington, though, would affect him as much as the bombing of Pan Am 103.

    THE TIME ON the clocks in Lockerbie, Scotland, read 7:04 pm, on December 21, 1988, when the first emergency call came into the local fire brigade, reporting what sounded like a massive boiler explosion. It was technically early evening, but it had been dark for hours already; that far north, on the shortest day of the year, daylight barely stretched to eight hours.

    Soon it became clear something much worse than a boiler explosion had unfolded: Fiery debris pounded the landscape, plunging from the sky and killing 11 Lockerbie residents. As Mike Carnahan told a local TV reporter, “The whole sky was lit up with flames. It was actually raining, liquid fire. You could see several houses on the skyline with the roofs totally off and all you could see was flaming timbers.”

    At 8:45 pm, a farmer found in his field the cockpit of Pan Am 103, a Boeing 747 known as Clipper Maid of the Seas, lying on its side, 15 of its crew dead inside, just some of the 259 passengers and crew killed when a bomb had exploded inside the plane’s cargo hold. The scheduled London to New York flight never even made it out of the UK.

    It had taken just three seconds for the plane to disintegrate in the air, though the wreckage took three long minutes to fall the five miles from the sky to the earth; court testimony later would examine how passengers had still been alive as they fell. Nearly 200 of the passengers were American, including 35 students from Syracuse University returning home from a semester abroad. The attack horrified America, which until then had seen terror touch its shores only occasionally as a hijacking went awry; while the US had weathered the 1983 bombing of the Marine barracks in Beirut, attacks almost never targeted civilians.

    The Pan Am 103 bombing seemed squarely aimed at the US, hitting one of its most iconic brands. Pan Am then represented America’s global reach in a way few companies did; the world’s most powerful airline shuttled 19 million passengers a year to more than 160 countries and had ferried the Beatles to their US tour and James Bond around the globe on his cinematic missions. In a moment of hubris a generation before Elon Musk and Jeff Bezos, the airline had even opened a “waiting list” for the first tourists to travel to outer space. Its New York headquarters, the Pan Am building, was the world’s largest commercial building and its terminal at JFK Airport the biggest in the world.

    The investigation into the bombing of Pan Am 103 began immediately, as police and investigators streamed north from London by the hundreds; chief constable John Boyd, the head of the local police, arrived at the Lockerbie police station by 8:15 pm, and within an hour the first victim had been brought in: A farmer arrived in town with the body of a baby girl who had fallen from the sky. He’d carefully placed her in the front seat of his pickup truck.

    An FBI agent posted in London had raced north too, with the US ambassador, aboard a special US Air Force flight, and at 2 am, when Boyd convened his first senior leadership meeting, he announced, “The FBI is here, and they are fully operational.” By that point, FBI explosives experts were already en route to Scotland aboard an FAA plane; agents would install special secure communications equipment in Lockerbie and remain on site for months.

    Although it quickly became clear that a bomb had targeted Pan Am 103—wreckage showed signs of an explosion and tested positive for PETN and RDX, two key ingredients of the explosive Semtex—the investigation proceeded with frustrating slowness. Pan Am’s records were incomplete, and it took days to even determine the full list of passengers. At the same time, it was the largest crime scene ever investigated—a fact that remains true today.

    Investigators walked 845 square miles, an area 12 times the size of Washington, DC, and searched so thoroughly that they recovered more than 70 packages of airline crackers and ultimately could reconstruct about 85 percent of the fuselage. (Today, the wreckage remains in an English scrapyard.) Constable Boyd, at his first press conference, told the media, “This is a mammoth inquiry.”

    On Christmas Eve, a searcher found a piece of a luggage pallet with signs of obvious scorching, which would indicate the bomb had been in the luggage compartment below the passenger cabin. The evidence was rushed to a special British military lab—one originally created to investigate the Guy Fawkes’ Gunpowder Plot to blow up Parliament and kill King James I in 1605.

    When the explosive tests came back a day later, the British government called the State Department’s ambassador-at-large for combating terrorism, L. Paul Bremer III (who would go on to be President George W. Bush’s viceroy in Baghdad after the 2003 invasion of Iraq), and officially delivered the news that everyone had anticipated: Pan Am 103 had been downed by a bomb.

    Meanwhile, FBI agents fanned out across the country. In New York, special agent Neil Herman—who would later lead the FBI’s counterterrorism office in New York in the run up to 9/11—was tasked with interviewing some of the victims’ families; many of the Syracuse students on board had been from the New York region. One of the mothers he interviewed hadn’t heard from the government in the 10 days since the attack. “It really struck me how ill-equipped we were to deal with this,” Herman told me, years later. “Multiply her by 270 victims and families.” The bombing underscored that the FBI and the US government had a lot to learn in responding and aiding victims in a terror attack.

    INVESTIGATORS MOVED TOWARD piecing together how a bomb could have been placed on board; years before the 9/11 attack, they discounted the idea of a suicide bomber aboard—there had never been a suicide attack on civil aviation at that point—and so focused on one of two theories: The possibility of a “mule,” an innocent passenger duped into carrying a bomb aboard, or an “inside man,” a trusted airport or airline employee who had smuggled the fatal cargo aboard. The initial suspect list stretched to 1,200 names.

    Yet even reconstructing what was on board took an eternity: Evidence pointed to a Japanese manufactured Toshiba cassette recorder as the likely delivery device for the bomb, and then, by the end of January, investigators located pieces of the suitcase that had held the bomb. After determining that it was a Samsonite bag, police and the FBI flew to the company’s headquarters in the United States and narrowed the search further: The bag, they found, was a System 4 Silhouette 4000 model, color “antique-copper,” a case and color made for only three years, 1985 to 1988, and sold only in the Middle East. There were a total of 3,500 such suitcases in circulation.

    By late spring, investigators had identified 14 pieces of luggage inside the target cargo container, known as AVE4041; each bore tell-tale signs of the explosion. Through careful retracing of how luggage moved through the London airport, investigators determined that the bags on the container’s bottom row came from passengers transferring in London. The bags on the second and third row of AVE4041 had been the last bags loaded onto the leg of the flight that began in Frankfurt, before the plane took off for London. None of the baggage had been X-rayed or matched with passengers on board.

    The British lab traced clothing fragments from the wreckage that bore signs of the explosion and thus likely originated in the bomb-carrying suitcase. It was an odd mix: Two herring-bone skirts, men’s pajamas, tartan trousers, and so on. The most promising fragment was a blue infant’s onesie that, after fiber analysis, was conclusively determined to have been inside the explosive case, and had a label saying “Malta Trading Company.” In March, two detectives took off for Malta, where the manufacturer told them that 500 such articles of clothing had been made and most sent to Ireland, while the rest went locally to Maltese outlets and others to continental Europe.

    As they dug deeper, they focused on bag B8849, which appeared to have come off Air Malta Flight 180—Malta to Frankfurt—on December 21, even though there was no record of one of that flight’s 47 passengers transferring to Pan Am 103.

    Investigators located the store in Malta where the suspect clothing had been sold; the British inspector later recorded in his statement, “[Store owner] Anthony Gauci interjected and stated that he could recall selling a pair of the checked trousers, size 34, and three pairs of the pajamas to a male person.” The investigators snapped to attention—after nine months did they finally have a suspect in their sights? “[Gauci] informed me that the man had also purchased the following items: one imitation Harris Tweed jacket; one woolen cardigan; one black umbrella; one blue colored ‘Baby Gro’ with a motif described by the witness as a ‘sheep’s face’ on the front; and one pair of gents’ brown herring-bone material trousers, size 36.”

    Game, set, match. Gauci had perfectly described the clothing fragments found by RARDE technicians to contain traces of explosive. The purchase, Gauci went on to explain, stood out in his mind because the customer—whom Gauci tellingly identified as speaking the “Libyan language”—had entered the store on November 23, 1988, and gathered items without seeming to care about the size, gender, or color of any of it.

    As the investigation painstakingly proceeded into 1989 and 1990, Robert Mueller arrived at Main Justice; the final objects of the Lockerbie search wouldn’t be found until the spring of 1990, just months before Mueller took over as assistant attorney general of the criminal division in September.

    The Justice Department that year was undergoing a series of leadership changes; the deputy attorney general, William Barr, became acting attorney general midyear as Richard Thornburgh stepped down to run for Senate back in his native Pennsylvania. President Bush then nominated Barr to take over as attorney general officially. (Earlier this month Barr was nominated by President Trump to become attorney general once again.)

    The bombing soon became one of the top cases on Mueller’s desk. He met regularly with Richard Marquise, the FBI special agent heading Scotbom. For Mueller, the case became personal; he met with victims’ families and toured the Lockerbie crash site and the investigation’s headquarters. He traveled repeatedly to the United Kingdom for meetings and walked the fields of Lockerbie himself. “The Scots just did a phenomenal job with the crime scene,” he told me, years ago.

    Mueller pushed the investigators forward constantly, getting involved in the investigation at a level that a high-ranking Justice Department official almost never does. Marquise turned to him in one meeting, after yet another set of directions, and sighed, “Geez, if I didn’t know better, I’d think you want to be FBI director.”

    The investigation gradually, carefully, zeroed in on Libya. Agents traced a circuit board used in the bomb to a similar device seized in Africa a couple of years earlier used by Libyan intelligence. An FBI-created database of Maltese immigration records even showed that a man using the same alias as one of those Libyan intelligence officers had departed from Malta on October 19, 1988—just two months before the bombing.

    The circuit board also helped makes sense of an important aspect of the bombing: It controlled a timer, meaning that the bomb was not set off by a barometric trigger that registers altitude. This, in turn, explained why the explosive baggage had lain peacefully in the jet’s hold as it took off and landed repeatedly.

    Tiny letters on the suspect timer said “MEBO.” What was MEBO? In the days before Google, searching for something called “Mebo” required going country to country, company to company. There were no shortcuts. The FBI, MI5, and CIA were, after months of work, able to trace MEBO back to a Swiss company, Meister et Bollier, adding a fifth country to the ever-expanding investigative circle.

    From Meister et Bollier, they learned that the company had provided 20 prototype timers to the Libyan government and the company helped ID their contact as a Libyan intelligence officer, Abdelbaset Ali Mohmed Al Megrahi, who looked like the sketch of the Maltese clothing shopper. Then, when the FBI looked at its database of Maltese immigration records, they found that Al Megrahi had been present in Malta the day the clothing was purchased.

    Marquise sat down with Robert Mueller and the rest of the prosecutorial team and laid out the latest evidence. Mueller’s orders were clear—he wanted specific suspects and he wanted to bring charges. As he said, “Proceed toward indictment.” Let’s get this case moving.

    IN NOVEMBER 1990, Marquise was placed in charge of all aspects of the investigation and assigned on special duty to the Washington Field Office and moved to a new Scotbom task force. The field offce was located far from the Hoover building, in a run-down neighborhood known by the thoroughly unromantic moniker of Buzzard Point.

    The Scotbom task force had been allotted three tiny windowless rooms with dark wood paneling, which were soon covered floor-to-ceiling with 747 diagrams, crime scene photographs, maps, and other clues. By the door of the office, the team kept two photographs to remind themselves of the stakes: One, a tiny baby shoe recovered from the fields of Lockerbie; the other, a picture of the American flag on the tail of Pan Am 103. This was the first major attack on the US and its civilians. Whoever was responsible couldn’t be allowed to get away with it.

    With representatives from a half-dozen countries—the US, Britain, Scotland, Sweden, Germany, France, and Malta—now sitting around the table, putting together a case that met everyone’s evidentiary standards was difficult. “We talked through everything, and everything was always done to the higher standard,” Marquise says. In the US, for instance, the legal standard for a photo array was six photos; in Scotland, though, it was 12. So every photo array in the investigation had 12 photos to ensure that the IDs could be used in a British court.

    The trail of evidence so far was pretty clear, and it all pointed toward Libya. Yet there was still much work to do prior to an indictment. A solid hunch was one thing. Having evidence that would stand up in court and under cross-examination was something else entirely.

    As the case neared an indictment, the international investigators and prosecutors found themselves focusing at their gatherings on the fine print of their respective legal code and engaging in deep, philosophical-seeming debates: “What does murder mean in your statute? Huh? I know what murder means: I kill you. Well, then you start going through the details and the standards are just a little different. It may entail five factors in one country, three in another. Was Megrahi guilty of murder? Depends on the country.”

    At every meeting, the international team danced around the question of where a prosecution would ultimately take place. “Jurisdiction was an eggshell problem,” Marquise says. “It was always there, but no one wanted to talk about it. It was always the elephant in the room.”

    Mueller tried to deflect the debate for as long as possible, arguing there was more investigation to do first. Eventually, though, he argued forcefully that the case should be tried in the US. “I recognize that Scotland has significant equities which support trial of the case in your country,” he said in one meeting. “However, the primary target of this act of terrorism was the United States. The majority of the victims were Americans, and the Pan American aircraft was targeted precisely because it was of United States registry.”

    After one meeting, where the Scots and Americans debated jurisdiction for more than two hours, the group migrated over to the Peasant, a restaurant near the Justice Department, where, in an attempt to foster good spirits, it paid for the visiting Scots. Mueller and the other American officials each had to pay for their own meals.

    Mueller was getting ready to move forward; the federal grand jury would begin work in early September. Prosecutors and other investigators were already preparing background, readying evidence, and piecing together information like the names and nationalities of all the Lockerbie victims so that they could be included in the forthcoming indictment.

    There had never been any doubt in the US that the Pan Am 103 bombing would be handled as a criminal matter, but the case was still closely monitored by the White House and the National Security Council.

    The Reagan administration had been surprised in February 1988 by the indictment on drug charges of its close ally Panamanian dictator Manuel Noriega, and a rule of thumb had been developed: Give the White House a heads up anytime you’re going to indict a foreign agent. “If you tag Libya with Pan Am 103, that’s fair to say it’s going to disrupt our relationship with Libya,” Mueller deadpans. So Mueller would head up to the Cabinet Room at the White House, charts and pictures in hand, to explain to President Bush and his team what Justice had in mind.

    To Mueller, the investigation underscored why such complex investigations needed a law enforcement eye. A few months after the attack, he sat through a CIA briefing pointing toward Syria as the culprit behind the attack. “That’s always struck with me as a lesson in the difference between intelligence and evidence. I always try to remember that,” he told me, back when he was FBI director. “It’s a very good object lesson about hasty action based on intelligence. What if we had gone and attacked Syria based on that initial intelligence? Then, after the attack, it came out that Libya had been behind it? What could we have done?”

    Marquise was the last witness for the federal grand jury on Friday, November 8, 1991. Only in the days leading up to that testimony had prosecutors zeroed in on Megrahi and another Libyan officer, Al Amin Khalifa Fhimah; as late as the week of the testimony, they had hoped to pursue additional indictments, yet the evidence wasn’t there to get to a conviction.

    Mueller traveled to London to meet with the Peter Fraser, the lord advocate—Scotland’s top prosecutor—and they agreed to announce indictments simultaneously on November 15, 1991. Who got their hands on the suspects first, well, that was a question for later. The joint indictment, Mueller believed, would benefit both countries. “It adds credibility to both our investigations,” he says.

    That coordinated joint, multi-nation statement and indictment would become a model that the US would deploy more regularly in the years to come, as the US and other western nations have tried to coordinate cyber investigations and indictments against hackers from countries like North Korea, Russia, and Iran.

    To make the stunning announcement against Libya, Mueller joined FBI director William Sessions, DC US attorney Jay Stephens, and attorney general William Barr.

    “We charge that two Libyan officials, acting as operatives of the Libyan intelligence agency, along with other co-conspirators, planted and detonated the bomb that destroyed Pan Am 103,” Barr said. “I have just telephoned some of the families of those murdered on Pan Am 103 to inform them and the organizations of the survivors that this indictment has been returned. Their loss has been ever present in our minds.”

    At the same time, in Scotland, investigators there were announcing the same indictments.

    At the press conference, Barr listed a long set of names to thank—the first one he singled out was Mueller’s. Then, he continued, “This investigation is by no means over. It continues unabated. We will not rest until all those responsible are brought to justice. We have no higher priority.”

    From there, the case would drag on for years. ABC News interviewed the two suspects in Libya later that month; both denied any responsibility for the bombing. Marquise was reassigned within six months; the other investigators moved along too.

    Mueller himself left the administration when Bill Clinton became president, spending an unhappy year in private practice before rejoining the Justice Department to work as a junior homicide prosecutor in DC under then US attorney Eric Holder; Mueller, who had led the nation’s entire criminal division was now working side by side with prosecutors just a few years out of law school, the equivalent of a three-star military general retiring and reenlisting as a second lieutenant. Clinton eventually named Mueller the US attorney in San Francisco, the office where he’d worked as a young attorney in the 1970s.

    THE 10TH ANNIVERSARY of the bombing came and went without any justice. Then, in April 1999, prolonged international negotiations led to Libyan dictator Muammar Qaddafi turning over the two suspects; the international economic sanctions imposed on Libya in the wake of the bombing were taking a toll on his country, and the leader wanted to put the incident behind him.

    The final negotiated agreement said that the two men would be tried by a Scottish court, under Scottish law, in The Hague in the Netherlands. Distinct from the international court there, the three-judge Scottish court would ensure that the men faced justice under the laws of the country where their accused crime had been committed.

    Allowing the Scots to move forward meant some concessions by the US. The big one was taking the death penalty, prohibited in Scotland, off the table. Mueller badly wanted the death penalty. Mueller, like many prosecutors and law enforcement officials, is a strong proponent of capital punishment, but he believes it should be reserved for only egregious crimes. “It has to be especially heinous, and you have to be 100 percent sure he’s guilty,” he says. This case met that criteria. “There’s never closure. If there can’t be closure, there should be justice—both for the victims as well as the society at large,” he says.

    An old US military facility, Kamp Van Zeist, was converted to an elaborate jail and courtroom in The Hague, and the Dutch formally surrendered the two Libyans to Scottish police. The trial began in May 2000. For nine months, the court heard testimony from around the world. In what many observers saw as a political verdict, Al Megrahi was found guilty and Fhimah was found not guilty.

    With barely 24 hours notice, Marquise and victim family members raced from the United States to be in the courtroom to hear the verdict. The morning of the verdict in 2001, Mueller was just days into his tenure as acting deputy US attorney general—filling in for the start of the George W. Bush administration in the department’s No. 2 role as attorney general John Ashcroft got himself situated.

    That day, Mueller awoke early and joined with victims’ families and other officials in Washington, who watched the verdict announcement via a satellite hookup. To him, it was a chance for some closure—but the investigation would go on. As he told the media, “The United States remains vigilant in its pursuit to bring to justice any other individuals who may have been involved in the conspiracy to bring down Pan Am Flight 103.”

    The Scotbom case would leave a deep imprint on Mueller; one of his first actions as FBI director was to recruit Kathryn Turman, who had served as the liaison to the Pan Am 103 victim families during the trial, to head the FBI’s Victim Services Division, helping to elevate the role and responsibility of the FBI in dealing with crime victims.

    JUST MONTHS AFTER that 20th anniversary ceremony with Mueller at Arlington National Cemetery, in the summer of 2009, Scotland released a terminally ill Megrahi from prison after a lengthy appeals process, and sent him back to Libya. The decision was made, the Scottish minister of justice reported, on “compassionate grounds.” Few involved on the US side believed the terrorist deserved compassion. Megrahi was greeted as a hero on the tarmac in Libya—rose petals, cheering crowds. The US consensus remained that he should rot in prison.

    The idea that Megrahi could walk out of prison on “compassionate” ground made a mockery of everything that Mueller had dedicated his life to fighting and doing. Amid a series of tepid official condemnations—President Obama labeled it “highly objectionable”—Mueller fired off a letter to Scottish minister Kenny MacAskill that stood out for its raw pain, anger, and deep sorrow.

    “Over the years I have been a prosecutor, and recently as the Director of the FBI, I have made it a practice not to comment on the actions of other prosecutors, since only the prosecutor handling the case has all the facts and the law before him in reaching the appropriate decision,” Mueller began. “Your decision to release Megrahi causes me to abandon that practice in this case. I do so because I am familiar with the facts, and the law, having been the Assistant Attorney General in charge of the investigation and indictment of Megrahi in 1991. And I do so because I am outraged at your decision, blithely defended on the grounds of ‘compassion.’”

    That nine months after the 20th anniversary of the bombing, the only person behind bars for the bombing would walk back onto Libyan soil a free man and be greeted with rose petals left Mueller seething.

    “Your action in releasing Megrahi is as inexplicable as it is detrimental to the cause of justice. Indeed your action makes a mockery of the rule of law. Your action gives comfort to terrorists around the world,” Mueller wrote. “You could not have spent much time with the families, certainly not as much time as others involved in the investigation and prosecution. You could not have visited the small wooden warehouse where the personal items of those who perished were gathered for identification—the single sneaker belonging to a teenager; the Syracuse sweatshirt never again to be worn by a college student returning home for the holidays; the toys in a suitcase of a businessman looking forward to spending Christmas with his wife and children.”

    For Mueller, walking the fields of Lockerbie had been walking on hallowed ground. The Scottish decision pained him especially deeply, because of the mission and dedication he and his Scottish counterparts had shared 20 years before. “If all civilized nations join together to apply the rules of law to international terrorists, certainly we will be successful in ridding the world of the scourge of terrorism,” he had written in a perhaps too hopeful private note to the Scottish Lord Advocate in 1990.

    Some 20 years later, in an era when counterterrorism would be a massive, multibillion dollar industry and a buzzword for politicians everywhere, Mueller—betrayed—concluded his letter with a decidedly un-Mueller-like plea, shouted plaintively and hopelessly across the Atlantic: “Where, I ask, is the justice?”

    #USA #Libye #impérialisme #terrorisme #histoire #CIA #idéologie #propagande

  • A Free Ebook on C++ Smart Pointers—Jonathan Boccara
    http://isocpp.org/feeder/?FeederAction=clicked&feed=All+Posts&seed=http%3A%2F%2Fisocpp.org%2Fblog%2F2

    Nice way to learn more.

    A Free Ebook on C++ Smart Pointers by Jonathan Boccara

    From the article:

    To write expressive code in C++, mastering smart pointers is a necessity! Without them, our code becomes littered with memory management, news and delete, and unclear semantics about who owns what resources. If you’re part of my mailing list (which you can join at the bottom of this post), you will get as a Christmas gift a free ebook of more than 50 pages of selected contents of Fluent C++ about smart pointers. Of course, you also get access to the ebook if you’re a Patron of Fluent (...)

    #News,Articles&_Books,

  • Race Traitor and Hard Crackers | The Charnel-House
    https://thecharnelhouse.org/2018/12/21/race-traitor-and-hard-crackers

    Race Traitor and Hard Crackers

    Back issues of Race Traitor, a journal that ran irregularly for sixteen issues between 1993 and 2005, were recently uploaded online. Edited by the great John Garvey and Noel Ignatiev. You can download them below. Merry Christmas:

    № 1 (Winter 1993)
    № 2 (Winter 1994)
    № 3 (Spring 1994)
    № 4 (Winter 1995)
    № 5 (Winter 1996)
    № 6 (Summer 1996)
    № 7 (Spring 1997)
    № 8 (Winter 1998)
    № 9 (Summer 1998)
    № 10 (Winter 1999)
    № 11 (Spring 2000)
    № 12 (Spring 2001)
    № 13-14 (Summer 2001)
    № 15 (Fall 2001)
    № 16 (Winter 2005)

    Some really good stuff in here. I’ve blogged Loren Goldner’s excellent essay “Race and Enlightenment” already, but there is plenty more to dig into.

    Anyone who likes Race Traitor should also check out the new journal Hard Crackers: Chronicles of Everyday Life. Lots of the same people are involved over there. Plus, their site just got a makeover; it’s way more navigable and user-friendly than before. Follow them on Twitter, too.

    #revue #archives #hard_crakers #race_traitor

  • Eritrea-Ethiopia border closed amid escalating tension

    “Currently, the situation in Eritrea is reminiscent of the pre-1998 border war period when the war of words and public agitation was at its highest. Now, taking advantage of the proliferation of social media, the agitation is being escalated on a daily basis.”

    Ethio-Eritrean Border: Haphazardly Opened Erratically Closed

    A little over three months after it was haphazardly opened, the Ethiopian-Eritrean Border was closed from the Eritrean side which now requires Ethiopians to have entry permits. The decision to close the border was passed to the Eritrean border guards on Christmas Eve.

    The Eritrean side didn’t explain the change of policy and now requires permits issued by the Federal Ethiopian Government. Similarly, Ethiopian authorities stated they have no official information regarding the Eritrean decisión.

    The border remained closed since the two countries went to war between 1998-2000, a gruesome war in which over a hundred thousand people were killed. In addition, hundreds of thousands of people were displaced from their villages and some of them still live in makeshift camps.

    Until recently, the borders were guarded by soldiers who were on a shoot-to-kill order. Many Eritreans escaping the country to avoid the indefinite military service, poor employment prospects, and severe violations of human rights, were shot and killed while crossing the border.

    However, since September 10, a border crossing checkpoint at Zalambessa-Serha, in the central region, was opened following the agreement between Isaias Afwerki of Eritrea and the Ethiopian prime minister, Dr. Abiy Ahmed. People and goods were allowed to move across the border freely with no permits or visas.

    Immediately after the border was opened, thousands of Eritreans rushed to Ethiopia to take advantage of the border opening either to travel further and join family members in foreign lands, or in search of better employment and educational prospects for themselves.

    At the same time, Ethiopians crowded the streets of Eritrean cities as tourists, or to meet long-separated family members, while merchants flooded the markets that suffered from an acute shortage of different merchandise.

    Another border crossing checkpoint that was briefly opened between the Ethiopian town of Humera and the Eritrean town of Um-Hajer over the Tekezze River was closed on the beginning of August 2018.

    Still another crossing point at Bure south of the Eritrean port of Assab is either closed or open depending on unpredictable intermittent decisions by the Eritrean authorities.

    The border also has also faced problems related to Exchange rates between the currencies of the two countries since neither of the two governments had planned for it ahead of time.

    Since the border opened, over 30,000 Eritreans have crossed to Ethiopia on a one-way journey.

    The reason for the two days old decision by Eritrea is believed to have been triggered by the attempt on the life of general Sebhat’s on December 19, 2018. Dozens of colonels and other lower rank officers suspected of being part of a plot to overthrow Isaias Afwki’s government have been arrested. Their fate is still unknown.

    Over the last few days, PFDJ trolls on social media have accused the TPLF of being behind the plot to “disrupt Eritrean security” and of masterminding the attempt on general Sebhat Efrem’s life.

    Currently, the situation in Eritrea is reminiscent of the pre-1998 border war period when the war of words and public agitation was at its highest. Now, taking advantage of the proliferation of social media, the agitation is being escalated on a daily basis.

    Both the Eritrean government and the Ethiopian federal government are waging relentless media wars and exerting political pressure on the TPLF of Tigray region, which occupies most of the area between the two countries.

    https://eritreahub.org/eritrea-ethiopia-border-closed-amid-escalating-tension
    #fermeture_des_frontières #frontières #Erythrée #Ethiopie #conflit

    Re-fermeture de cette frontière, après un petit moment d’espoir, il y a quelques mois :
    https://seenthis.net/messages/721926

  • And Yet We Move - 2018, a Contested Year

    Alarm Phone 6 Week Report, 12 November - 23 December 2018

    311 people escaping from Libya rescued through a chain of solidarity +++ About 113,000 sea arrivals and over 2,240 counted fatalities in the Mediterranean this year +++ 666 Alarm Phone distress cases in 2018 +++ Developments in all three Mediterranean regions +++ Summaries of 38 Alarm Phone distress cases

    Introduction

    “There are no words big enough to describe the value of the work you are doing. It is a deeply human act and it will never be forgotten. The whole of your team should know that we wish all of you health and a long life and the best wishes in all the colours of the world.” These are the words that the Alarm Phone received a few days ago from a man who had been on a boat in the Western Mediterranean Sea and with whom our shift teams had stayed in touch throughout the night until they were finally rescued to Spain. He was able to support the other travellers by continuously and calmly reassuring them, and thereby averted panic on the boat. His message motivates us to continue also in 2019 to do everything we can to assist people who have taken to the sea because Europe’s border regime has closed safe and legal routes, leaving only the most dangerous paths slightly open. On these paths, over 2,240 people have lost their lives this year.

    While we write this report, 311 people are heading toward Spain on the rescue boat of the NGO Proactiva Open Arms. The travellers called the Alarm Phone when they were on a boat-convoy that had left from Libya. Based on the indications of their location, Al-Khums, the civil reconnaissance aircraft Colibri launched a search operation in the morning of the 21st of December and was able to spot the convoy of three boats which were then rescued by Proactiva. Italy and Malta closed their harbours to them, prolonging their suffering. Over the Christmas days they headed toward their final destination in Spain. The successful rescue operation of the 313 people (one mother and her infant child were flown out by a helicopter after rescue) highlights the chain of solidarity that activists and NGOs have created in the Central Mediterranean Sea. It is a fragile chain that the EU and its member states seek to criminalise and tear apart wherever they can.

    Throughout the year of 2018, we have witnessed and assisted contested movements across the Mediterranean Sea. Despite violent deterrence policies and practices, about 113,000 people succeeded in subverting maritime borders and have arrived in Europe by boat. We were alerted to 666 distress situations at sea (until December 23rd), and our shift teams have done their best to assist the many thousands of people who saw no other option to realise their hope for a better future than by risking their lives at sea. Many of them lost their lives in the moment of enacting their freedom of movement. Over 2,240 women, men, and children from the Global South – and probably many more who were never counted – are not with us anymore because of the violence inscribed in the Global North’s hegemonic and brutal borders. They were not able to get a visa. They could not board a much cheaper plane, bus, or ferry to reach a place of safety and freedom. Many travelled for months, even years, to get anywhere near the Mediterranean border – and on their journeys they have lived through hardships unimaginable for most of us. But they struggled on and reached the coasts of Northern Africa and Turkey, where they got onto overcrowded boats. That they are no longer with us is a consequence of Europe’s racist system of segregation that illegalises and criminalises migration, a system that also seeks to illegalise and criminalise solidarity. Many of these 2,240 people would be alive if the civil rescuers were not prevented from doing their work. All of them would be alive, if they could travel and cross borders freely.

    In the different regions of the Mediterranean Sea, the situation has further evolved over the course of 2018, and the Alarm Phone witnessed the changing patterns of boat migration first hand. Most of the boats we assisted were somewhere between Morocco and Spain (480), a considerable number between Turkey and Greece (159), but comparatively few between Libya and Italy (27). This, of course, speaks to the changing dynamics of migratory escape and its control in the different regions:

    Morocco-Spain: Thousands of boats made it across the Strait of Gibraltar, the Alboran Sea, or the Atlantic and have turned Spain into the ‘front-runner’ this year with about 56,000 arrivals by sea. In 2017, 22,103 people had landed in Spain, 8,162 in 2016. In the Western Mediterranean, crossings are organised in a rather self-organised way and the number of arrivals speaks to a migratory dynamism not experienced for over a decade in this region. Solidarity structures have multiplied both in Morocco and Spain and they will not be eradicated despite the wave of repression that has followed the peak in crossings over the summer. Several Alarm Phone members experienced the consequences of EU pressure on the Moroccan authorities to repress cross-border movements first hand when they were violently deported to the south of Morocco, as were several thousand others.

    Turkey-Greece: With about 32,000 people reaching the Greek islands by boat, more people have arrived in Greece than in 2017, when 29,718 people did so. After arrival via the sea, many are confined in inhumane conditions on the islands and the EU hotspots have turned into rather permanent prisons. This desperate situation has prompted renewed movements across the Turkish-Greek land border in the north. Overall, the number of illegalised crossings into Greece has risen due to more than 20,000 people crossing the land border. Several cases of people experiencing illegal push-back operations there reached the Alarm Phone over the year.

    Libya-Italy/Malta: Merely about 23,000[1] people have succeeded in fleeing Libya via the sea in 2018. The decrease is dramatic, from 119,369 in 2017, and even 181,436 in 2016. This decrease gives testament to the ruthlessness of EU deterrence policies that have produced the highest death rate in the Central Mediterranean and unspeakable suffering among migrant communities in Libya. Libyan militias are funded, trained, and legitimated by their EU allies to imprison thousands of people in camps and to abduct those who made it onto boats back into these conditions. Due to the criminalisation of civil rescuers, a lethal rescue gap was produced, with no NGO able to carry out their work for many months of the year. Fortunately, three of them have now been able to return to the deadliest area of the Mediterranean.

    These snapshots of the developments in the three Mediterranean regions, elaborated on in greater detail below, give an idea of the struggles ahead of us. They show how the EU and its member states not only created dangerous maritime paths in the first place but then reinforced its migrant deterrence regime at any cost. They show, however, also how thousands could not be deterred from enacting their freedom of movement and how solidarity structures have evolved to assist their precarious movements. We go into 2019 with the promise and call that the United4Med alliance of sea rescuers has outlined: “We will prove how civil society in action is not only willing but also able to bring about a new Europe; saving lives at sea and creating a just reception system on land. Ours is a call to action to European cities, mayors, citizens, societies, movements, organisations and whoever believes in our mission, to join us. Join our civil alliance and let us stand up together, boldly claiming a future of respect and equality. We will stand united for the right to stay and for the right to go.”[2] Also in the new year, the Alarm Phone will directly engage in this struggle and we call on others to join. It can only be a collective fight, as the odds are stacked against us.

    Developments in the Central Mediterranean

    In December 2018, merely a few hundred people were able to escape Libya by boat. It cannot be stressed enough how dramatic the decrease in crossings along this route is – a year before, 2,327 people escaped in December, in 2016 even 8,428. 2018 is the year when Europe’s border regime ‘succeeded’ in largely shutting down the Central Mediterranean route. It required a combination of efforts – the criminalisation of civil search and rescue organisations, the selective presence of EU military assets that were frequently nowhere to be found when boats were in distress, the closure of Italian harbours and the unwillingness of other EU member states to welcome the rescued, and, most importantly, the EU’s sustained support for the so-called Libyan coastguards and other Libyan security forces. Europe has not only paid but also trained, funded and politically legitimised Libyan militias whose only job is to contain outward migratory movements, which means capturing and abducting people seeking to flee to Europe both at sea and on land. Without these brutal allies, it would not have been possible to reduce the numbers of crossings that dramatically.

    The ‘Nivin case’ of November 7th exemplifies this European-Libyan alliance. On that day, a group of 95 travellers reached out to the Alarm Phone from a boat in distress off the coast of Libya. Among them were people from Ethiopia, Somalia, South Sudan, Pakistan, Bangladesh and Eritrea. Italy refused to conduct a rescue operation and eventually they were rescued by the cargo vessel Nivin. Despite telling the rescued that they would be brought to a European harbour, the crew of the Nivin returned them to Libya on November 10th. At the harbour of Misrata, most of the rescued refused to disembark, stating that they would not want to be returned into conditions of confinement and torture. The people, accused by some to be ‘pirates’, fought bravely against forced disembarkation for ten days but on the 20th of November they could resist no longer when Libyan security forces stormed the boat and violently removed them, using tear gas and rubber bullets in the process. Several of the protestors were injured and needed treatment in hospital while others were returned into inhumane detention camps.[3]

    Also over the past 6 weeks, the period covered in this report, the criminalisation of civil rescue organisations continued. The day that the protestors on the Nivin were violently removed, Italy ordered the seizure of the Aquarius, the large rescue asset operated by SOS Méditerranée and Médecins Sans Frontières that had already been at the docs in France for some time, uncertain about its future mission. According to the Italian authorities, the crew had falsely labelled the clothes rescued migrants had left on the Aquarius as ‘special’ rather than ‘toxic’ waste.[4] The absurdity of the accusation highlights the fact that Italy’s authorities seek out any means to prevent rescues from taking place, a “disproportionate and unfounded measure, purely aimed at further criminalising lifesaving medical-humanitarian action at sea”, as MSF noted.[5] Unfortunately, these sustained attacks showed effect. On the 6th of December, SOS Med and MSF announced the termination of its mission: “European policies and obstruction tactics have forced [us] to terminate the lifesaving operations carried out by the search and rescue vessel Aquarius.” As the MSF general director said: “This is a dark day. Not only has Europe failed to provide search and rescue capacity, it has also actively sabotaged others’ attempts to save lives. The end of Aquarius means more deaths at sea, and more needless deaths that will go unwitnessed.”[6]

    And yet, despite this ongoing sabotage of civil rescue from the EU and its member states, three vessels of the Spanish, German, and Italian organisations Open Arms, Sea-Watch and Mediterranea returned to the deadliest area of the Mediterranean in late November.[7] This return is also significance for Alarm Phone work in the Central Mediterranean: once again we have non-governmental allies at sea who will not only document what is going on along the deadliest border of the world but actively intervene to counter Europe’s border ‘protection’ measures. Shortly after returning, one of the NGOs was called to assist. Fishermen had rescued a group of travellers off the coast of Libya onto their fishing vessel, after they had been abandoned in the water by a Libyan patrol boat, as the fishermen claimed. Rather than ordering their rapid transfer to a European harbour, Italy, Malta and Spain sought out ways to return the 12 people to Libya. The fishing boat, the Nuestra Madre de Loreto, was ill-equipped to care for the people who were weak and needed medical attention. However, they were assisted only by Proactiva Open Arms, and for over a week, the people had to stay on the fishing boat. One of them developed a medical emergency and was eventually brought away in a helicopter. Finally, in early December, they were brought to Malta.[8]

    Around the same time, something rare and remarkable happened. A boat with over 200 people on board reached the Italian harbour of Pozzallo independently, on the 24th of November. Even when they were at the harbour, the authorities refused to allow them to quickly disembark – a irresponsible decision given that the boat was at risk of capsizing. After several hours, all of the people were finally allowed to get off the boat. Italy’s minister of the interior Salvini accused the Maltese authorities of allowing migrant boats to move toward Italian territory.[9] Despite their hardship, the people on the Nuestra Madre de Loreto and the 200 people from this boat, survived. Also the 33 people rescued by the NGO Sea-Watch on the 22nd of December survived. Others, however, did not. In mid-November, a boat left from Algeria with 13 young people on board, intending to reach Sardinia. On the 16th of November, the first body was found, the second a day later. Three survived and stated later that the 10 others had tried to swim to what they believed to be the shore when they saw a light in the distance.[10] In early December, a boat with 25 people on board left from Sabratha/Libya, and 15 of them did not survive. As a survivor reported, they had been at sea for 12 days without food and water.[11]

    Despite the overall decrease in crossings, what has been remarkable in this region is that the people escaping have more frequently informed the Alarm Phone directly than before. The case mentioned earlier, from the 20th of December, when people from a convoy of 3 boats carrying 313 people in total reached out to us, exemplifies this. Detected by the Colibri reconnaissance aircraft and rescued by Proactiva, this case demonstrates powerfully what international solidarity can achieve, despite all attempts by EU member states and institutions to create a zone of death in the Central Mediterranean Sea.
    Developments in the Western Mediterranean Sea

    Over the past six weeks covered by this report, the Alarm Phone witnessed several times what happens when Spanish and Moroccan authorities shift responsibilities and fail to respond quickly to boats in distress situations. Repeatedly we had to pressurise the Spanish authorities publicly before they launched a Search and Rescue (SAR) operation. And still, many lives were lost at sea. On Moroccan land, the repression campaign against Sub-Saharan travellers and residents continues. On the 30th of November, an Alarm Phone member was, yet again, arrested and deported towards the South of Morocco, to Tiznit, along with many other people. (h https://alarmphone.org/en/2018/12/04/alarm-phone-member-arrested-and-deported-in-morocco/?post_type_release_type=post). Other friends in Morocco have informed us about the deportation of large groups from Nador to Tiznit. Around the 16th of December, 400 people were forcibly removed, and on the 17th of December, another 300 people were deported to Morocco’s south. This repression against black residents and travellers in Morocco is one of the reasons for many to decide to leave via the sea. This has meant that also during the winter, cross-Mediterranean movements remain high. On just one weekend, the 8th-9th of December, 535 people reached Andalusia/Spain.[12]

    Whilst people are constantly resisting the border regime by acts of disobedience when they cross the borders clandestinely, acts of resistance take place also on the ground in Morocco, where associations and individuals are continuously struggling for the freedom of movement for all. In early December, an Alarm Phone delegation participated at an international conference in Rabat/Morocco, in order to discuss with members of other associations and collectives from Africa and Europe about the effects of the outsourcing and militarisation of European borders in the desire to further criminalise and prevent migration movements. We were among 400 people and were impressed by the many contributions from people who live and struggle in very precarious situations, by the uplifting atmosphere, and by the many accounts and expressions of solidarity. Days later, during the international meeting in Marrakesh on the ‘Global Compact for Safe, Orderly and Regular Migration’, the Alarm Phone was part of a counter-summit, protesting the international pact on migration which is not meant to reduce borders between states, but to curtail the freedom of movement of the many in the name of ‘legal’ and ‘regulated’ migration. The Alarm Phone delegation was composed of 20 activists from the cities of Tangier, Oujda, Berkane, Nador and Fes. One of our colleagues sums up the event: “We have expressed our ideas and commitments as Alarm Phone, solemnly and strongly in front of the other organisations represented. We have espoused the vision of freedom of movement, a vision without precedent. A vision which claims symbolically all human rights and which has the power to help migrants on all continents to feel protected.” In light of the Marrakesh pact, several African organisations joined together and published a statement rejecting “…the wish to confine Africans within their countries by strengthening border controls, in the deserts, at sea and in airports.”[13]

    Shortly after the international meeting in Marrakesh, the EU pledged €148 million to support Morocco’s policy of migrant containment, thus taking steps towards making it even more difficult, and therefore more dangerous for many people on the African continent to exercise their right to move freely, under the pretext of “combating smuggling”. Making the journeys across the Mediterranean more difficult does not have the desired effect of ending illegalised migration. As the routes to Spain from the north of Morocco have become more militarised following a summer of many successful crossings, more southern routes have come into use again. These routes, leading to the Spanish Canary Islands, force travellers to overcome much longer distances in the Atlantic Ocean, a space without phone coverage and with a heightened risk to lose one’s orientation. On the 18th of November, 22 people lost their lives at sea, on their way from Tiznit to the Canary Islands.[14] Following a Spanish-Frontex collaboration launched in 2006, this route to the Canary Islands has not been used very frequently, but numbers have increased this year, with Moroccan nationals being the largest group of arrivals.[15]
    Developments in the Aegean Sea

    Over the final weeks of 2018, between the 12th of November and the 23rd of December, 78 boats arrived on the Greek islands while 116 boats were stopped by the Turkish coastguards and returned to Turkey. This means that there were nearly 200 attempts to cross into Europe by boat over five weeks, and about 40 percent of them were successful.[16] Over the past six weeks, the Alarm Phone was involved in a total of 19 cases in this region. 6 of the boats arrived in Samos, 3 of them in Chios, and one each on Lesvos, Agathonisi, Farmkonisi, and Symi. 4 boats were returned to Turkey (3 of them rescued, 1 intercepted by the Turkish coastguards). In one distress situation, a man lost his life and another man had to be brought to the hospital due to hypothermia. Moreover, the Alarm Phone was alerted to 2 cases along the Turkish-Greek land border. While in one case their fate remains uncertain, the other group of people were forcibly pushed-back to Turkey.

    Thousands of people still suffering in inhuman conditions in hotspots: When we assist boats crossing the Aegean Sea, the people are usually relieved and happy when arriving on the islands, at least they have survived. However, this moment of happiness often turns into a state of shock when they enter the so-called ‘hotspots’. Over 12,500 people remain incarcerated there, often living in tents and containers unsuitable for winter in the five EU-sponsored camps on Lesvos, Samos, Chios, Kos, and Leros. In addition to serious overcrowding, asylum seekers continue to face unsanitary and unhygienic conditions and physical violence, including gender-based violence. Doctors without Borders has reported on a measles outbreak in Greek camps and conducted a vaccination campaign.[17] Amnesty International and 20 other organizations have published a collective call: “As winter approaches all asylum seekers on the Aegean islands must be transferred to suitable accommodation on the mainland or relocated to other EU countries. […] The EU-Turkey deal containment policy imposes unjustified and unnecessary suffering on asylum seekers, while unduly limiting their rights.”

    The ‘humanitarian’ crisis in the hotspots is the result of Greece’s EU-backed policy of containing asylum seekers on the Aegean islands until their asylum claims are adjudicated or until it is determined that they fall into one of the ‘vulnerable’ categories listed under Greek law. But as of late November, an estimated 2,200 people identified as eligible for transfer are still waiting as accommodation facilities on the mainland are also severely overcrowded. Those who are actually transferred from the hotspot on Lesvos to the Greek mainland are brought to far away camps or empty holiday resorts without infrastructure and without a sufficient number of aid workers.

    Criminalisation along Europe’s Eastern Sea Border: A lot has been written about the many attempts to criminalise NGOs and activists carrying out Search and Rescue operations in the Mediterranean. Much less publicly acknowledged are the many cases in which migrant travellers themselves become criminalised for their activist involvement, often for protesting against the inhuman living conditions and the long waiting times for the asylum-interviews. The case of the ‘Moria 35’ on Lesvos was a case in point, highlighting how a few individual protesters were randomly selected by authorities to scare others into silence and obedience. The Legal Centre Lesvos followed this case closely until the last person of the 35 was released and they shared their enquiries with “a 15-month timeline of injustice and impunity” on their website: “On Thursday 18th October, the last of the Moria 35 were released from detention. Their release comes one year and three months – to the day – after the 35 men were arbitrarily arrested and subject to brutal police violence in a raid of Moria camp following peaceful protests, on July 18th 2017.” While the Legal Centre Lesbos welcomes the fact that all 35 men were finally released, they should never have been imprisoned in the first place. They will not get back the 10 to 15 months they spent in prison. Moreover, even after release, most of the 35 men remain in a legally precarious situation. While 6 were granted asylum in Greece, the majority struggles against rejected asylum claims. Three were already deported. One individual was illegally deported without having exhausted his legal remedies in Greece while another individual, having spent 9 months in pre-trial detention, signed up for so-called ‘voluntary’ deportation.[18] In the meantime, others remain in prison to await their trials that will take place with hardly any attention of the media.

    Humanitarian activists involved in spotting and rescue released after 3 months: The four activists, Sarah Mardini, Nassos Karakitsos, Panos Moraitis and Sean Binder, were released on the 6th of December 2018 after having been imprisoned for three months. They had been held in prolonged pre-trial detention for their work with the non-profit organization Emergency Response Center International (ERCI), founded by Moraitis. The charges misrepresented the group as a smuggling crime ring, and its legitimate fundraising activities as money laundering. The arrests forced the group to cease its operations, including maritime search and rescue, the provision of medical care, and non-formal education to asylum seekers. They are free without geographical restrictions but the case is not yet over. Mardini and Binder still face criminal charges possibly leading to decades in prison.[19] Until 15 February the group ‘Solidarity now!’ is collecting as many signatures as possible to ensure that the Greek authorities drop the case.[20]

    Violent Pushbacks at the Land Border: During the last six weeks, the Alarm Phone was alerted to two groups at the land border separating Turkey and Greece. In both situations, the travellers had already reached Greek soil, but ended up on Turkish territory. Human Right Watch (HRW) published another report on the 18th of December about violent push-backs in the Evros region: “Greek law enforcement officers at the land border with Turkey in the northeastern Evros region routinely summarily return asylum seekers and migrants […]. The officers in some cases use violence and often confiscate and destroy the migrants’ belongings.”[21] Regularly, migrants were stripped off their phones, money and clothes. According to HRW, most of these incidents happened between April and November 2018.[22] The UNHCR and the Council of Europe’s Committee for Prevention of Torture have published similar reports about violent push backs along the Evros borders.[23]
    CASE REPORTS

    Over the past 6 weeks, the WatchTheMed Alarm Phone was engaged in 38 distress cases, of which 15 took place in the Western Mediterranean, 19 in the Aegean Sea, and 4 in the Central Mediterranean. You can find short summaries and links to the individual reports below.
    Western Mediterranean

    On Tuesday the 13th of November at 6.17pm, the Alarm Phone was alerted by a relative to a group of travellers who had left two days earlier from around Orán heading towards Murcia. They were around nine people, including women and children, and the relative had lost contact to the boat. We were also never able to reach the travellers. At 6.46pm we alerted the Spanish search and rescue organization Salvamento Maritimo (SM) to the distress of the travellers. For several days we tried to reach the travellers and were in contact with SM about the ongoing rescue operation. We were never able to reach the travellers or get any news from the relative. Thus, we are still unsure if the group managed to reach land somewhere on their own, or if they will add to the devastating number of people having lost their lives at sea (see: http://www.watchthemed.net/reports/view/1085).

    On Thursday the 22nd of November, at 5.58pm CET, the Alarm Phone received news about a boat of 11 people that had left Nador 8 hours prior. The shift team was unable to immediately enter into contact with the boat, but called Salvamento Maritimo to convey all available information. At 11.48am the following day, the shift team received word from a traveler on the boat that they were safe (see: http://www.watchthemed.net/reports/view/1088).

    At 7.25am CET on November 24, 2018, the Alarm Phone shift team was alerted to a boat of 70 people (including 8 women and 1 child) that had departed from Nador 3 days prior. The shift team was able to reach the boat at 7.50am and learned that their motor had stopped working. The shift team called Salvamento Maritimo, who had handed the case over to the Moroccan authorities. The shift team contacted the MRCC, who said they knew about the boat but could not find them, so the shift team mobilized their contacts to find the latest position and sent it to the coast guard at 8.55am. Rescue operations stalled for several hours. At around 2pm, the shift team received news that rescue operations were underway by the Marine Royale. The shift team remained in contact with several people and coast guards until the next day, when it was confirmed that the boat had finally been rescued and that there were at least 15 fatalities (see: http://www.watchthemed.net/reports/view/1087).

    On Friday the 7th of December 2018, we were alerted to two boats in distress in the Western Mediterranean Sea. One boat was brought to Algeria, the second boat rescued by Moroccan fishermen and returned to Morocco (see for full report: http://watchthemed.net/reports/view/1098).

    On Saturday, the 8th of December 2018, we were informed by a contact person at 3.25pm CET to a boat in distress that had left from Nador/Morocco during the night, at about 1am. There were 57 people on the boat, including 8 women and a child. We tried to establish contact to the boat but were unable to reach them. At 4.50pm, the Spanish search and rescue organisation Salvamento Maritimo (SM) informed us that they were already searching for this boat. At 8.34pm, SM stated that this boat had been rescued. Some time later, also our contact person confirmed that the boat had been found and rescued to Spain (see: http://watchthemed.net/reports/view/1099).

    On Monday the 10th of December, the Alarm Phone shift team was alerted to three boats in the Western Med. Two had left from around Nador, and one from Algeria. One boat was rescued by the Spanish search and rescue organisation Salvamento Maritimo, one group of travellers returned back to Nador on their own, and the boat from Algeria returned to Algeria (see: http://www.watchthemed.net/reports/view/1101).

    On Wednesday the 12th of December the Alarm Phone shift team was alerted two boats in the Western Med, one carrying seven people, the other carrying 12 people. The first boat was rescued by the Spanish search and rescue organization Salvamento Maritimo (SM), whilst the second boat was intercepted by the Moroccan Navy and brought back to Morocco, where we were informed that the travellers were held imprisoned (see: http://www.watchthemed.net/reports/view/1102).

    On December 21st, 2018, we were informed of two boats in distress in the Western Mediterranean Sea. The first had left from Algeria and was probably rescued to Spain. The other one had departed from Tangier and was rescued by the Marine Royale and brought back to Morocco (for full report, see: http://watchthemed.net/index.php/reports/view/1110).

    On the 22nd of December, at 5.58pm CET, the Alarm Phone shift team was alerted to a boat of 81 people (including 7 women) that had left the previous day from Nador. The motor was not working properly. They informed that they were in touch with Salvamiento Maritimo but as they were still in Moroccan waters, Salvamiento Maritimo said they were unable to perform rescue operations. The shift team had difficulty maintaining contact with the boat over the course of the next few hours. The shift team also contacted Salvamiento Maritimo who confirmed that they knew about the case. At 7.50pm, Salvamiento Maritimo informed the shift team that they would perform the rescue operations and confirmed the operation at 8.15pm. We later got the confirmation by a contact person that the people were rescued to Spain (see: http://watchthemed.net/index.php/reports/view/1111).

    On the 23rd of December 2018, at 1.14am CET, the Alarm Phone received an alert of a boat with 11 men and 1 woman who left from Cap Spartel at Saturday the 22nd of December. The Alarm Phone shift team was alerted to this rubber boat in the early hours of Sunday the 23rd of December. The shift team informed the Spanish Search and Rescue organisation Salvamento Maritimo (SM) at 4:50am CET about the situation and provided them with GPS coordinates of the boat. SM, however, rejected responsibility and shifted it to the Moroccan authorities but also the Moroccan Navy did not rescue the people. Several days later, the boat remains missing (see for full report: http://watchthemed.net/reports/view/1112).
    Aegean Sea

    On Saturday the 17th of November the Alarm Phone shift team was alerted to two boats in the Aegean Sea. The first boat returned back to Turkey, whilst the second boat reached Samos on their own (see: http://www.watchthemed.net/reports/view/1086).

    On the 19th of November at 8.40pm CET the shift team was alerted to a boat of 11 travelers in distress near the Turkish coast on its way to Kos. The shift team called the Turkish Coastguard to inform them of the situation. At 9.00pm, the Coastguard called back to confirm they found the boat and would rescue the people. The shift team lost contact with the travelers. At 9.35pm, the Turkish coast guard informed the shift team that the boat was sunk, one man died and one person had hypothermia and would be brought to the hospital. The other 9 people were safe and brought back to Turkey (see: http://www.watchthemed.net/index.php/reports/view/1090).

    On the 20th of November at 4.07am CET, the shift team was alerted to a boat with about 50 travelers heading to Samos. The shift team contacted the travelers but the contact was broken for both language and technological reasons. The Alarm Phone contacted the Greek Coastguard about rescue operations. At 7.02am, the shift team was told that a boat of 50 people had been rescued, and the news was confirmed later on, although the shift team could not obtain direct confirmation from the travelers themselves (see:http://www.watchthemed.net/reports/view/1089).

    On the 23rd of November at 7.45pm CET, the Alarm Phone was contacted regarding a group of 19 people, (including 2 women, 1 of whom was pregnant, and a child) who had crossed the river Evros/ Meric and the Turkish-Greek landborder 3 days prior. The shift team first contacted numerous rescue and protection agencies, including UNHCR and the Greek Police, noting that the people were already in Greece and wished to apply for asylum. Until today we remained unable to find out what happened to the people (see: http://www.watchthemed.net/reports/view/1091).

    On the 26th of November at 6:54am CET the Alarm Phone shift team was alerted to a group of 30 people (among them 7 children and a pregnant woman) who were stranded on the shore in southern Turkey, close to Kas. They wanted us to call the Turkish coastguard so at 7:35am we provided the coastguard with the information we had. At 8:41am we received a photograph from our contact person showing rescue by the Turkish coastguard (see: http://watchthemed.net/index.php/reports/view/1092).

    On the 29th of November at 4am CET the Alarm Phone shift team was alerted to a boat carrying 44 people (among them 19 children and some pregnant women) heading towards the Greek island of Samos. Shortly afterwards the travellers landed on Samos and because of their difficulties orienting themselves we alerted the local authorities. At 9:53am the port police told us that they had rescued 44 people. They were taken to the refugee camp (see: http://watchthemed.net/index.php/reports/view/1093).

    On Monday, the 3rd of December 2018, the Alarm Phone was alerted at 5.30am CET to a boat in distress south of Chios, with 43 people on board, among them 14 children. We were able to reach the boat at 5.35am. When we received their position, we informed the Greek coastguards at 7.30am and forwarded an updated GPS position to them ten minutes later. At 8.52am, the coastguards confirmed the rescue of the boat. The people were brought to Chios Island. On the next day, the people themselves confirmed that they had all safely reached Greece (see: http://watchthemed.net/reports/view/1095).

    On Tuesday the 4th of December 2018, at 6.20am CET, the Alarm Phone was alerted to a boat in distress near Agathonisi Island. There were about 40 people on board. We established contact to the boat at 6.38am. At 6.45am, we alerted the Greek coastguards. The situation was dangerous as the people on board reported of high waves. At 9.02am, the Greek coastguards confirmed that they had just rescued the boat. The people were brought to Agathonisi (see for full report: http://watchthemed.net/reports/view/1096).

    On Wednesday the 5th of December 2018, at 00:08am CET, the Alarm Phone was alerted by a contact person to a boat in distress near Chios Island, carrying about 50 people. We received their GPS position at 00.17am and informed the Greek coastguards to the case at 00.30am. At 00.46am, we learned from the contact person that a boat had just been rescued. The Greek authorities confirmed this when we called them at 00.49am. At around 1pm, the people from the boat confirmed that they had been rescued (see: http://watchthemed.net/reports/view/1097).

    On Friday the 7th of December 2018, the Alarm Phone was contacted at 5.53am CET by a contact person and informed about a group of 19 people who had crossed the Evros river to Greece and needed assistance. We assisted them for days, but at some point contact was lost. We know that they were returned to Turkey and thus suspect an illegal push-back operation (see for full report: http://watchthemed.net/index.php/reports/view/1109).

    On Thursday the 13th of December the Alarm Phone shift team was alerted to two boats in the Aegean sea. In both cases we were not able to reach the travellers, but we were in contact with both the Turkish and Greek coast guard and were in the end able to confirm that one boat had arrived to Lesvos on their own, whilst the others had been rescued by Turkish fishermen (see: http://www.watchthemed.net/reports/view/1100).

    On the 17th of December, 2018, at 6.39am, the Alarm Phone shift team was alerted to a boat of 60 travellers. Water was entering the boat, and so the travelers were in distress. Though the shift team had a difficult time remaining in contact with the boat, they contacted the Greek Coastguard to inform them of the situation and the position of the boat. Although the team was not able to remain in contact with the travelers, they received confirmation at 8.18am that the boat had been brought to Greece (see: http://watchthemed.net/reports/view/1103).

    On the 18th of December at 2.11am CET, the Alarm Phone was alerted to two boats. The first, of 29 travellers, had landed on the island of Symi and needed help to exit the place of landing. The second was a boat of 54 travellers (including 16 children, and 15 women) that was rescued by the Greek Coastguard later (see: http://watchthemed.net/reports/view/1104).

    On the 21st of December, our shift teams were alerted to 2 boats on the Aegean. The first boat was directed to Chios Island and was likely rescued by the Greek Coastguard. The second boat was in immediate distress and after the shift team contacted the Greek Coastguard they rescued the boat (see: http://watchthemed.net/reports/view/1105).

    On the 23rd of December 2018 at 6am CET, the Alarm Phone received information about a boat in distress heading to Samos with around 60 travellers (including 30 children and 8 women, 4 pregnant). The shift team made contact with the boat and was informed that one of the women was close to giving birth and so the situation was very urgent. The shift team then called the Greek Coast Guard. At 8.07am, the shift team received confirmation that the boat had been rescued (see: http://watchthemed.net/reports/view/1106).
    Central Mediterranean

    On Monday the 12th of November at 6.57pm, the Alarm Phone was called by a relative, asking for help to find out what had happened to his son, who had been on a boat from Algeria towards Sardinia, with around 11 travellers on the 8t of November. Following this, the Alarm Phone was contacted by several relatives informing us about missing people from this boat. Our shift teams tried to gain an understanding of the situation, and for days we stayed in contact with the relatives and tried to support them, but it was not possible to obtain information about what had happened to the travellers (see: http://www.watchthemed.net/index.php/reports/view/1094).

    On November 23rd at 1.24pm CET, the Alarm Phone shift team was called by a boat of 120 travelers that was in distress and had left the Libyan coast the night before. The shift team remained in touch with the boat for several hours, and helped recharge their phone credit when it expired. As the boat was in distress, and there were no available NGO operations near the boat, the shift team had no choice but to contact the Italian Coast Guard, but they refused to engage in Search and Rescue (SAR) activities, and instead told the Libyan Coastguard. The boat was intercepted and returned to Libya (see: http://watchthemed.net/reports/view/1107).

    On December 20th, 2018, the Alarm Phone shift team was alerted to two cases in the Central Mediterranean Sea. The first was a boat of 20 people that was intercepted and brought back to Libya. The second concerned 3 boats with 300 people in total, that were rescued by Open Arms and brought to Spain (for full report see: http://watchthemed.net/reports/view/1108).

    https://alarmphone.org/en/2018/12/27/and-yet-we-move-2018-a-contested-year/?post_type_release_type=post

  • #Netflix finishes its massive migration to the Amazon cloud | Ars Technica (article de février 2016)
    https://arstechnica.com/information-technology/2016/02/netflix-finishes-its-massive-migration-to-the-amazon-cloud

    Netflix declined to say how much it pays Amazon, but says it expects to “spend over $800 million on technology and development in 2016,” up from $651 million in 2015. Netflix spends less on technology than it does on marketing, according to its latest earnings report.

    Netflix’s Simian Army

    The big question on your mind might be this: What happens if the #Amazon cloud fails?

    That’s one reason it took Netflix seven years to make the shift to Amazon. Instead of moving existing systems intact to the cloud, Netflix rebuilt nearly all of its software to take advantage of a cloud network that “allows one to build highly reliable services out of fundamentally unreliable but redundant components,” the company says. To minimize the risk of disruption, Netflix has built a series of tools with names like “Chaos Monkey,” which randomly takes virtual machines offline to make sure Netflix can survive failures without harming customers. Netflix’s “Simian Army” ramped up with Chaos Gorilla (which disables an entire Amazon availability zone) and Chaos Kong (which simulates an outage affecting an entire Amazon region and shifts workloads to other regions).

    Amazon’s cloud network is spread across 12 regions worldwide, each of which has availability zones consisting of one or more data centers. Netflix operates primarily in the Northern Virginia, Oregon, and Dublin regions, but if an entire region goes down, “we can instantaneously redirect the traffic to the other available ones,” Izrailevsky said. “It’s not that uncommon for us to fail over across regions for various reasons.”

    Years ago, Netflix wasn’t able to do that, and the company suffered a streaming failure on Christmas Eve in 2012, when it was operating in just one Amazon region. “We’ve invested a lot of effort in disaster recovery and making sure no matter how big a failure that we’re able to bring things back from backups,” he said.

    Netflix has multiple backups of all data within Amazon.

    “Customer data or production data of any sort, we put it in distributed databases such as Cassandra, where each data element is replicated multiple times in production, and then we generate primary backups of all the data into S3 [Amazon’s Simple Storage Service],” he said. “All the logical errors, operator errors, or software bugs, many kinds of corruptions—we would be able to deal with them just from those S3 backups.”

    What if all of Netflix’s systems in Amazon went down? Netflix keeps backups of everything in Google Cloud Storage in case of a natural disaster, a self-inflicted failure that somehow takes all of Netflix’s systems down, or a “catastrophic security breach that might affect our entire AWS deployment,” Izrailevsky said. “We’ve never seen a situation like this and we hope we never will.”

    But Netflix would be ready in part thanks to a system it calls “Armageddon Monkey,” which simulates failure of all of Netflix’s systems on Amazon. It could take hours or even a few days to recover from an Amazon-wide failure, but Netflix says it can do it. Netflix pointed out that Amazon isolates its regions from each other, making it difficult for all of them to go out simultaneously.

    “So that’s not the scenario we’re planning for. Rather it’s a catastrophic bug or data corruption that would cause us to wipe the slate clean and start fresh from the latest good back-up,” a Netflix spokesperson said. “We hope we will never need to rely on Armageddon Monkey in real life, but going through the drill helps us ensure we back up all of our production data, manage dependencies properly, and have a clean, modular architecture; all this puts us in a better position to deal with smaller outages as well.”

    Netflix declined to say where it would operate its systems during an emergency that forced it to move off Amazon. “From a security perspective, it’d be better not to say,” a spokesperson said.

    Netflix has released a lot of its software as open source, saying it prefers to collaborate with other companies than keep secret the methods for making cloud networks more reliable. “While of course cloud is important for us, we’re not very protective of the technology and the best practices, we really hope to build the community,” Izrailevsky said.

  • The Christmas Tree Analogy of Software Engineering
    https://hackernoon.com/the-christmas-tree-analogy-of-software-engineering-552dd7cff662?source=r

    Why does it so long to build this? Why can’t you predict (accurately) when this feature will be done? What is your team doing all day, anyway?Explaining the process of software creation is hard. People have pointed out how much art and discovery are part of it. But hear this story about a Christmas Tree…Christmas Tree, by Michelleration (flickr.com/photos/michellemc/2082631181)The scene: A family room, a wonderfully decorated Christmas Tree, a string of lights woven into its branches. Important guests are expected to arrive at six for dinner.The problem: The nearest outlet, which has not been used since last year, does not seem to function anymore. No electricity means no lights. Disappointed guests, grumbling spouses, ruined lives up ahead.5:00pm, Stakeholder: So, can you fix this within (...)

    #christmas-tree-analogy #software-development #agile #christmas-tree-software #software-engineering

  • A Free Ebook on C++ Smart Pointers
    https://www.fluentcpp.com/2018/12/25/free-ebook-smart-pointers

    To write expressive code in C++, mastering smart pointers is a necessity! Without them, our code becomes littered with memory management, news and delete, and unclear semantics about who owns what resources. As a Christmas gift, here is a free ebook of more than 50 pages of selected contents of Fluent C++ about smart pointers. It […]