Because the Department of Justice and Eric Holder are so busy hobnobbing with terrorists and reinvestigating the Ohio National Guard. Note the professional Mexican Thomas Perez is involved. And apparently not concerned about American workers being replaced with H-1Bs and illegal aliens.
KENT, Ohio -- Activists and U.S. Rep. Dennis Kucinich are pressing for action on an apparently stalled government review of new information in the 1970 Ohio National Guard shootings at Kent State University.
The fresh evidence, which emerged from a long-forgotten audio tape of the shootings analyzed by The Plain Dealer last year, may shed new light on the cause or causes of the infamous incident. The tape contains what two forensic audio experts say is a military-style order to fire, as well as a violent altercation and four pistol shots prior to the Guard gunfire.
Shooting survivor Alan Canfora and his legal advisors met with Justice Department officials in Cleveland last October to discuss the new findings and request a re-opened federal investigation.This excerpt from the Kent State tape recording contains the order for the Guard to prepare to fire. The word "Guard!" can be heard at 9.3 seconds. "All right, prepare to
fire" begins at 19.5 seconds. "Get down!" is spoken at 22.3 seconds. The final "Guard!" is at 23.7 seconds, and the gunshots begin at 26 seconds. The agency's civil rights division has been mulling the matter for eight months, but its lack of communication since the meeting and a seeming dearth of paperwork documenting its review has raised some doubts about the Justice Department's level of interest.
The agency's response to a recent Freedom of Information Act request by William Gordon, author of the Kent State book "Four Dead in Ohio," shows that Justice Department officials have produced no reports, memos, legal analyses or other documents concerning the new audio tape evidence.
"They said they were going to be looking at it and I've never heard back," said Cleveland civil rights attorney Terry Gilbert, one of Canfora's legal advisors. Gilbert attended the October meeting with Assistant Attorney General Thomas Perez, who heads the Justice Department's civil rights division, and U.S. Attorney Steven Dettelbach.
This excerpt from the Kent State tape contains the altercation and pistol fire.Warning: Contains offensive language
4.5 seconds: Sounds of crowd yelling, cheering.37.2 seconds: "Retreat!"41.5 seconds: Male voice: "They got somebody." Victory bell
begins ringing.51 seconds: Crowd roars.59.1 seconds: Male voice: "Kill him!"59.8 seconds: Male voice: "Kill him!"1:08.3 seconds: Sounds of struggle.1:01.7 seconds: First pistol shot.1:10.2 seconds: Female voice: "Whack that (expletive)!" or
"Hit that (expletive)!"1:15.2 seconds: Second pistol shot.1:21.7 seconds: Third pistol shot.1:25.5 seconds: Fourth pistol shot.
"It felt to me like they were noncommittal," Gilbert said. "Polite. [They said] 'We'll look into it.' There were concerns about statutes of limitations, things like that. I've been through enough of these situations to know when you feel like it's not a high priority. That was the sense I got."
A Justice Department spokeswoman said this week that the review is ongoing and declined further comment.
The Ohio Guard's killing of four Kent State students and wounding of nine others during a May 4, 1970, Vietnam War protest was a wrenching national event. It galvanized pubic sentiment about the unpopular Asian war, and heightened concerns about campus unrest and the government's handling of political dissent.The central unresolved question in the Kent State affair has been why several dozen Ohio Guardsmen pivoted in unison and fired on students and protestors, shooting rifles, sidearms and shotguns 67 times during a 13-second barrage.
Though some Guardsmen reported that they had heard an order to fire, officers on-scene denied giving such a command. Speculation also focused on some action or sound that may have triggered the soldiers to defensively shoot, but the presidential commission that investigated the Kent State affair determined the Guard faced no danger that warranted lethal force. Though federal prosecutors charged eight low-ranking Guardsmen in connection with the shootings, a federal judge dismissed the case in 1974. A subsequent civil lawsuit by the victims and families against the Guardsmen and other parties ended in 1979 with a $675,000 settlement and a "statement of regret" for what happened. There has never been a completely satisfactory explanation for why the Guard fired.
Last year - the 40th anniversary of the shootings - The Plain Dealer uncovered provocative information on a student-made reel-to-reel tape, and reported on the findings in a series of articles.
The audio recording, made from a dorm room window near the Guard's firing position, is the only known soundtrack to capture the events prior to the shooting, the gunfire sequence, and its aftermath. A government contractor analyzed the tape in 1974 for the Justice Department's original Kent State investigation, but focused only on the Guard gunfire.
Alan Canfora, who was shot in the wrist during the Kent State protest, holds a CD copy of the Kent State audio recording.Canfora, who directs the Kent May 4 Center and has pushed for decades for a full accounting of the tragedy, located a copy of the tape in a Yale University archive and provided it to The Plain Dealer. The newspaper commissioned an analysis by veteran forensic audio specialists Stuart Allen and Tom Owen.
Using advanced noise-reducing and sound-enhancing software, Allen and Owen identified a male voice shouting in military-like cadence seconds before the soldiers began shooting. "Guard! All right, prepare to fire!" the unknown speaker yells. "Get down!" another voice cries. Then, the original speaker shouts "Guard, fi-." The remainder of the word "fire" is obliterated by the fusillade.
After the newspaper reported those findings last May, Allen subjected the tape to dozens of hours of further analysis.
In October, he detected the sounds of a raucous confrontation and struggle, with shouts of "Kill him!" followed by four distinct shots from a .38 caliber revolver, about 70 seconds before the Guard gunfire erupts.
It is possible the pistol shots put the soldiers on higher alert, but it is unclear whether they played such a role. Some Guardsmen said they shot in reaction to pistol fire, possibly from a sniper, though they said their response was much quicker than the 70-second interval captured on tape.
Some details of the recorded altercation seem similar to an incident involving Terry Norman, a Kent State law enforcement student who was carrying a concealed .38 pistol during the May 4 protest. Norman was photographing demonstrators for the Kent State police and the FBI. He claimed he was assaulted by angry crowd members and said he drew his gun to warn them away.
But he denied shooting and said the attack happened after the Guard gunfire, not before.
After The Plain Dealer's stories about the audio analysis appeared, Rep. Dennis Kucinich launched a congressional inquiry. At the time, Kucinich, the Cleveland Democrat, chaired a subcommittee that oversaw the Justice Department and FBI. He had planned to hold a hearing on the new Kent State evidence.
But the Republican takeover of the House of Representatives in January eliminated Kucinich's subcommittee post, and with it, the prospects for a congressional examination. "It is now outside of the subcommittee's scope," said Meghan Snyder, press secretary for the new chairman, Rep. Jim Jordan.
Kucinich has persisted, writing U.S. Attorney General Eric Holder on April 7 to request a meeting about the audio evidence. Kucinich drew a parallel with the Justice Department's re-opening of "cold" Civil Rights-era murder cases when new evidence surfaced. The Kent State audio findings, if verified, "contradict the official record . . . and may shed light on whether any effort was made to prevent justice from being served," Kucinich wrote to Holder.
Canfora, the anti-war protestor who was shot in the wrist on May 4, 1970, and who has sought to revive a federal probe, said during a Kent State commemorative event this week that the effort will continue regardless of the Justice Department's decision.
"We have a plan of action that's very broad-based," Canfora said. "It's a full-court press." It may involve petition drives, letter-writing campaigns to the president and attorney general, attempts to meet with Ohio's governor and attorney general, and other approaches, he said.A lawsuit isn't out of the question. "We may have to go into court with Mr. Allen and other forensic experts," Canfora said. "We hope we don't have to do that. We do not seek to put the National Guardsmen in jail at this late date. We simply want the truth."
There we have it, direct access to the Attorney General by some terrorist crank. While illegals overrun this country. I say three cheers for the Ohio National Guard. ONG-4, Commie Hippies-0. Or, as they say in Chicago, don't bring a .38 to a shoot-out with a .30-06.