The 2010 killing of anastasio hernandezrojas, mexican immigrant turned into the u. S. Or san diego, even though eyewitness video showed agents beating and tasering the man. What u. S. Border agents did not realize, eyewitness videos caught the sounds of anastasio hernandezrojas screaming and pleading for his life. Amy we will speak where Andrea Guerrero of Southern Border Communities Coalition and we will talk to Doctors Without Borders as it releases a shocking report about the u. S. Bombing of its hospital in kunduz, afghanistan and killed at least 30 people, including a number of military staff. There had been several rounds of targeted and precise bombings of the hospital. The hospital went in flames. Patients were burned and their bets. The shrapnel bombs they used amputated legs of doctors and nurses and even one of the staff was decapitated. On top of that, what we heard from our staff is from the flames, people who are fleeing the Building Work shot at. Amy we will speak with jason cone from Doctors Without Borders. All of that and more coming up wil. Welcome to democracy now , democracynow. Org, the war and peace report. Im amy goodman. President obama has rejected the Keystone Xl Oil pipeline in one of the biggest victories to date. After years of review in one of the largest Grassroots Campaigns in decades, obama announced friday he will not allow keystone on his watch. America is now a Global Leader when it comes to taking serious actions to fight Climate Change. Frankly, approving this project would have undercut that Global Leadership. And that is the biggest risks we face, not acting. Amy the Keystone Pipeline would have sent 830,000 barrels of crude Oil Every Day from albertas oil sands to refineries on the u. S. Gulf coast. We will have more on the pipelines defeat later in the broadcast. The world bank is warning Climate Change could force more than 100 Million People into extreme poverty by 2030, amid 2030. The warnings come as yemen has been battered by a second, extremely rare cyclone. At least one person was killed and thousands fled. The storm came less than a week after an earlier cyclone killed 11 people and dumped almost a decades worth of rain in two days. Israeli Prime Minister benjamin did you know who is meeting with president obama the white house today marking the first talks , between the two leaders since netanyahu failed to block the nuclear deal with iran. Netanyahu is seeking a major increase in u. S. Military aid to israel over the coming decade, beyond the 3 billion a year the u. S. Already provides. The meeting comes as Israeli Forces shot dead a Young Palestinian woman at a checkpoint in the occupied west bank, accusing her of drawing a knife. A group of bipartisan house lawmakers are calling for congress to vote on the escalating u. S. Wars in iraq and syria. More than a year after the u. S. Launched airstrikes against the selfproclaimed islamic state, congress has yet to vote on authorizing force. The Obama Administration has controversially claimed their actions are covered by the 2001 congressional vote authorizing force against alqaeda. The open letter calling for a vote was signed by members of both parties, including California Democratic congressmembers barbara lee, jim mcgovern and john lewis, and members of the rightwing freedom caucus. The Lawmakers Said they do not share the same policy prescriptions but do share the belief its past time for a vote. In egypt, the leading investigative journalist and human rights activist Hossam Bahgat has been detained by Egyptian Military intelligence. Bahgats most recent investigation examined the convictions of 26 military officers accused of plotting to topple the government. He was ordered to spend the night in detention after being interrogated for hours sundaty on charges of publishing sunday false harmful to national security. To see our past interviews with Hossam Bahgat, go to democracynow. Org. And is from jordan, a Jordanian Police officer has killed two american instructors in a South African at a Police Training amman. In in burma the Opposition Party , led by Aung San Suu Kyi appears poised for a sweeping victory in the first openly contested National Election in 25 years. The National League for Democracy Party said it expects to win about 70 of seats when while Aung San Suu Kyi herself is barred from the presidency under a constitution. In haiti, protests have corrupted over alleged voter fraud after initial results from last months elections pointed toward a president ial runoff. Africanamerican players on the university of missouris Football Team have gone on strike, refusing to participate in Team Activities or games until the University President resigns over his handling of racism on the heavily white campus. In a tweet saturday, the players wrote the athletes of color on the university of missouri Football Team truly believe injustice anywhere is a threat to justice everywhere. we will no longer participate in any football related activities until president tim wolfe resigns or is removed due to his negligence toward marginalized students experience, the players wrote. The move comes amid increasing protest over racial slurs and the appearance of a swastika drawn in feces in a dormitory. For a week, an African American graduate student, jonathan butler, has been on hunger strike, and protesters have been camping out to support him in calling for wolfes resignation. The coach and Athletic Department have supported the football players. Coach gary pinkel tweeted we are united. We are behind our players. Athletic director mack rhoades released a statement saying there would be no practice or formal Team Activities until butler ends his hunger strike. Meanwhile, students across the country are also calling attention to racism on campus. At Berkeley High school in the bay area of california last thursday, a racist message on a computer sparked thousands of students to walk out. That same day, hundreds of students at Yale University confronted the colleges first africanamerican dean over what they say is a pattern of discrimination. Republican president ial front runner and retired neurosurgeon dr. Ben carson has called for the u. S. Territory of puerto rico to become the 51st state. His comments come as carson is under fire after news outlets questioned the accuracy of his autobiography, gifted hands. In the book, carson describes dining with general William Westmoreland after the memorial day parade, and later being offered a full scholarship to west Point Military academy. But after an investigation by politico, carsons campaign acknowledged he never applied to west point. All west point students attend without cost there is no such , thing as a free scholarship at west point. Speaking on meet the press carson acknowledged his story about general westmoreland may not have been entirely accurate. I know he was there in detroit and i know they were congressional it may not of been memorial, but it was sometime during the time when elses city executive officer. Amy meanwhile, the wall street journal has raised questions about carsons account of a class he took at yale called perceptions 301 it appears there was no such class. And cnn has interviewed a number of carsons friends in a bid to verify his claim he tried to stab a friend during his violent youth. None of those interviewed remembered the incident. Carsons rival donald trump hosted saturday night live amid protests over his comments calling mexican immigrants rapists. Nearly 150,000 people signed a petition calling on nbc to dump trump. Brent wilkes of the league of united latin american citizens was among those protesting outside nbcs studios saturday. We believe he is a racist and bigot. He says im very hurtful words, calling us killers, rapists, criminals, and drug dealers. He is also called for the mass deportation of 11 million undocumented immigrants, building a wall greater than that of chinas, and the end of birthright citizenship. We believe Donald Trumps opinions of latinos are hateful woulds actions to latinos be extremely harmful to millions of families in this country. Amy the department of justice has announced no Border Agents will be prosecuted for their role in the killing of a mexican immigrant near san diego even though eyewitness video showed agents beating and tasering the man. The incident occurred in may 2010 when 32yearold anastasio hernandezrojas was caught trying to enter the United States from mexico. He previously lived in the u. S. For 25 years and was the father of five u. S. Bornchildren. Well have more on his killing later in the broadcast. We will go to san diego. And in louisiana, two Police Officers have been arrested on murder charges after a sixyearold boy was shot to death while sitting in the passenger seat of his fathers car. The officers, lieutenant Derrick Stafford and norris greenhouse, jr. Were working secondary jobs as city marshals. Authorities say the marshals were chasing the father, chris few, to serve him a warrant, reached a dead end and allegedly began to back into the marshals car. The officers then opened fire, killing firstgrader Jeremy Mardis and critically wounding his father. And those are some of the headlines. This is democracy now , democracynow. Org, the war and peace report. Im amy goodman. Doctors without borders continues to demand an independent work runs proof the u. S. Bombing of its hospital in kunduz, afghanistan. 3s. Airstrike on october killed at least 30 people, including 13 medical staff. 10 patients and seven unrecognizable victims yet to be identified. In a new report, Doctors Without Borders describes patients burning in their beds, medical staff who were decapitated and lost limbs, and Staff Members shot from the air while they fled the burning building. The reportcribes doctors and other medical staff being shot while running to reach a safety in a different part of the compound. Doctors without borders says it provided the gps cord mens to u. S. And afghan officials weeks before, and that the strikes continued for half an hour after u. S. And afghan authorities were told the hospital was being bombed. The groups president described the attack. There have been several rounds of very targeted and very precise bombings of that hospital. The hospital went in flames. Patients that could not move burned in their beds. The shrapnel bombs that they legs of doctors and nurses and even one of our staff was decapitated. And on top of that, what we have heard from our staff is from the people who were fleeing the building were shot up. Amy u. S. Officials say they bombed the hospital in part because they thought it was under taliban control. Doctors without borders general director Christopher Stokes rejected that claim saying there were no armed combatants on hospital grounds. From bothmbatants sides of the conflict were being treated inside. We were absolutely treating combatants who were government and opposition. Choose our patients. If theyre presented to us, we treat them. In treating wounded combatants is not a crime. Being a doctor and a war zone is not punishable by airstrike. Amy for a more on the internal report from Doctors Without Borders and its demand for an independent probe, were joined by jason cone executive director , for Doctors Without Borders. Our condolences for the situation. Can you tell us about this report and what you found . It is based on about 60 interviews with our staff who are in the hospital at the time of the attack. We wanted to convey as transparently as possible everything we knew about what happened inside the hospital and in the days leading up to the attack in the immediate hours afterwards. Covers. What this report it covers our communication with the various armed groups, including the u. S. Government and the days before the attack and is the report illustrates, we did everything we possibly thought we could to make clear this was a civilian hospital treating wounded from all sides, which is the main focus of any medical facility in a war zone. That is what we do around the world. We really wanted to share what we know it is point. It was a little over 30 days after the bombing. We share this with the us government, nato, and afghan officials. We did so a day before the release incorporation but feel the needs to be an independent and impartial investigation conducted. Amy tell us what you understand took place on october 3. Talks our review confirms what we said even in the first few days after the attack, which is that the hospital always is under our control, that we were treating people from all sides of the conflict, that in no time in fact, the night of the attack in the early hours of the morning saturday, october 3, it day welly the first calm had experienced that week. We treated about three headed 76 wounded during the week. That friday night, and fact, the medical team was in the midst of putting people under anesthesia when the attack unfolded. In spite of the unnamed sources that of said otherwise, the hospital for about perspective remained in our control and was 3 still in the same location of the gps cord and its we had shared days before. Explain what you understand happen in this attack. What we know is the between 2 00 a. M. And 2 10 a. M. On saturday, october 3, our hospital, while patients were being treated, was struck from the air. Be hit from the air. When our staff tried to flee the hospital, from what witnesses can tell, they were shot with we believe from the plane. Amy from the u. S. Military plane. That is what we understand. That is the only sort of information we have. We only really know what happened inside the hospital. We know the people we lost, the incredible injuries as your report outlines, the fact we had patients killed and our intensive care unit which was the first part of the hospital struck during the bombing. Attack we have experienced in a single incident. Clearly, this hospital was a place that have been open for four years. In fact, that night even, probably the most welded structure and the entire city of we were running generators that night. It was well lit, easily visible from the sky. It was one of the most wellknown facilities in the area. Amy so you believe that people were running out of the hospital and they were shot by automatic weapons from the plane as they were fleeing . Yes. Some of our staff were shot. Others were killed by shrapnel from the blast, from the shelling. Amy and others were killed as they were seeking safety in another part of the compound . That is correct, yes. We had to unarmed guards killed by shrapnel in the post the remaining at the time. Amy the casualty list, as you understand it now, can you talk about the number of doctors, nurses, patientss, children who were killed . We know at least 13 of our staff were killed. Theres an additional 10 patients that we definitely have confirmed. As you mentioned, there are seven unidentified bodies. There may be more. These weapons do incredible damage. There are still remains that we are trying to identify through dna analysis. That may take some additional time. Were not sure how long will take. This report is to share what we know up into this point. It is really based on a comprehensive review of all of the information we could have from those debriefings of our staff as well as some of the patients we were able to talk to. For us, it is a conference of timeline from what happened inside the hospital and the five days before, during and after the attack. What remains to be seen as what the u. S. Government and others will report happened and led to essentially them deciding to target, which was a well functioning, wellknown hospital full of patients and staff up to 200 patients and staff at the time of the attack. Our main question is, how is it that so clearly a civilian structure like that could lose at least potentially in the eyes of combatants, its status as protected facility . Amy at a press briefing on thursday, white house spokesman josh earnest was asked about the latest regarding the investigation into the bombing of the Doctors Without Borders hospital in kunduz. I dont have an update on the timing of when the investigation will be completed, but the commanderinchief has indicated he expects a full accounting of exactly what occurred and he is got a high degree of confidence that is what he will receive all stop the other thing the department of defense has made clear about this investigation is it will consider a series of potential human errors, failures of process, and technical malfunctions that may have contributed to the mistaken strike. I think that is an indication from department of defense they take seriously the responsibility to conduct this thorough investigation. While we are eager to understand all of the facts and i also dont want to be the position of rushing the investigators who are taking our jobs very seriously. Amy that is white house spokesperson josh earnest. Are you satisfied with u. S. Response, jason cone . Conducting an investigation a standard protocol. So theyre doing everything we would expect them to do. I think what we would like is for in independent and impartial group in this case were called for the International Humanitarian factfinding group to conduct in investigation. We want to look at this through the lens of humanitarian law. Organization,ian we work in places like afghanistan, syria, yemen, other places with the understanding facilities should be protected as long as we hold up our end of the bargain, which is treating everyone who comes and making sure weapons are left at the door of our hospitals. That is what we do consistently and what we did in kunduz. That is what we are looking for the u. S. Government to essentially accept another investigation into this and to be recognized that the laws of war are important and should be respected and no one is above them. Amy who are you to manning should investigate . What we have asked for several days after the bombing, was this International Human to turn Factfinding Commission based in bern, switzerland, created out of additional protocols through geneva conventions, existed for about 24 years unfortunately, it has not been used yet. Its main role is it is been empowered under the geneva conventions, to look at breaches in humanitarian law. We felt it was the most appropriate body at the time. We have asked all 76 countries that are signatories to that totion to sponsor sponsor our call for this investigation. Half a Million People who have signed a petition supporting that. We feel it is a strong reason for the commission to do its work. Now it really rests on the consents of the u. S. And afghan officials to let that happen. Amy jason cone, do you believe the u. S. Military attack on your hospital in kunduz is a war crime . It will be a war crime knowing our hospital was a civilian structure. It should have never lost that status. We were always communicating its locations. It is the responsibility of the war and parties to distinction between civilian and military targets. From our perspective, they fell to do so. We were given no warning before ae attack, which is also precondition. Theres been a lot of discussion about whether this was a mistake. This is not necessarily the threshold that has to be crossed. It is if the military fails to distinguish between the attacks, which is what we know, then theyre guilty of breaching humanitarian law. That is something that needs to be looked at and is to be independent commission. Amy who did doctors with corridors Doctors Without Borders give those accordance to and how often do they share them . This hospital has not moved its position in four years. We negotiated with both the u. S. Come afghan, naval as well as Opposition Forces with the taliban and received support of all those groups to operate this hospital. Part of that was sharing her gps coordinates with the various parties. We share them as recently as september 29. That was to reinforce the fact that we knew things were happening, additional bombings were starting to take place and we were told that was the best way to ensure the protection of our facility. We reaffirmed u. S. Officials both in washington and kabul that we are considering to operate and we did we had nothing to hide. We were treating people on all sides, including women and children, not just combatants. That is what were supposed to do. We kept our in of the bargain and we were very transparent about what we were doing their in kunduz. Amy the afghan governments responsibility . This is their country. They have to be responsible as well. We have had a dialogue with them. When we share the reports before him, we shared it also with the afghan government. My colleague Christopher Stokes had meetings with the afghan president as well as other officials explaining the content of the reports. We shared it openly with them. We expect it would help to do that with us as well. We hope to be in afghanistan for a long time and we still operated number of hospitals and other very contentious parts of the country, and how they react to this report and how they share their own findings is key to us to be able to stay in the country. Amy do you feel this hospital was deliberately targeted by the u. S. Government . Were having a hard time believing at this point that it was just a mistake. It is very difficult for us, but we want to be confronted with facts that would tell us otherwise. We have shared everything we can to know up to the point of when the bombs started to fall. Amy what do you think could be the reason . Honestly, ive no idea. It is buried difficult to anticipate how they could justify bombing a structure that had 200 people inside of it, many patients, two of the children who burned to death were being treated in icu. We want answers. We are still asking for them. Were still hoping the Obama Administration will allow an independent probe because we think it is key to the credibility of u. S. Government in these matters. Amy have you spoken to president obama . To ourid apologize president. Other than that, weve had very little dialogue or response to our official letters. The day before we call for this commission, we sent a letter informing u. S. Government were all going to do so. We have not had an official response. All we hear are statements like you showed from the press secretary. We had a meeting with general campbell, charge of u. S. Forces in afghanistan. My colleague christopher met with in the day before the report, our initial review was released, and we had dialogue. Were waiting to see what happens in terms of what is shared with us. Amy three weeks after the u. S. Bombed the Doctors Without Borders hospital in afghanistan, another one of the groups hospitals was attacked october 26. This time in yemen by the u. S. Backed saudiled coalition. Doctors without borders said hospital staff and two patients managed to escape at the hospital was hit multiple times over a two hour period monday night. The hospitals roof was marked with the Doctors Without Borders logo and the gps cord and had been shared multiple times with the saudi led coalition, most recently just two weeks ago. Doctors without borders described the damage. Since the beginning of the last conflict, only Coalition Forces planes are capable to organize strikes military strikes in the country. The others do not have planes circulating in yemen, so we have no doubt the Coalition Forces bombed our hospital. Amy so this is three weeks later, another country, yemen. Talk about what happened to this hospital and where in yemen it happened. It happened inhaydon. Like many hospitals we have treated her out 15,000 since the start of heavy fighting in march. Some of the differences between what happened in kunduz and what happened in yemen is the fact really theres been no limits on the war in yemen. Schools have been bombed, gas stations me know, everything has been within the reamed of the coalition bombing. Some has been rubberstamped because of you and security resolution passed a number of months ago which really gave Carte Blanche for the coalition to do with it as they will. The problem with the bombing, but also the blockade happening, which is preventing enough goods from getting into the country. The country is very dependent on imports with everything from food, even a gas to run the wells that are needed to get the water. What happened, obviously, it is a very different situation in the sense that the loss of life, obviously, we did not have the same level of casualties like in afghanistan. This was certainly in an area where really nothing is offlimits in terms of an aerial bombing campaign. That said, certainly, it is a breach of humanitarian law and we have been in direct dialogue with the saudi officials with regards to that. They have changed their story several times. As we saw on the case of kunduz the first few days after the bombing. For us, this is about reinforcing the fact there are the geneva conventions that govern the laws of war. We are not naive. We know the risks of working in war zones and have been working in them for 40 plus years. That said, the governments need to respect these rules. It allows us to send people into the war zones to treat victims. Amy jason cone, afghanistan, msf prides itself on not just talking about medical needs and the nation, but also political issues. Do you think this war should continue . That is not for us to decide, that is for the parties to figure out. We are not a peacemaking organization. Were here to treat the victims. Were doing that in a number of countries, as are many other humanitarian groups. We know the needs are quite huge. Not that long ago, even before this incident, we issued reports saying the real lack of access to health care, particularly those far away from some of the main provincial capitals, the difficulties that people in daytoday find to get basic access to health care one of the hospitals inkhost is a Maternal Health program. We deliver dozens of children every day in that hospital. Theres a credible need for obstetrical care and pediatric care. We see a vast amount of needs in afghanistan for women and children across the country. Amy i want to thank you for being with us. We will continue to follow this dory and the investigations this story in the investigations that are expected to take place. Jason cone is the executive director for Doctors Without Borders usa. When we come back, keystone is dead. President obama has announced the u. S. Has rejected the keystone xl pipeline. We will speak with one of the environmental leaders in nebraska and across the border, we will go to ottawa to speak with a First Nations environmental activist Clayton Thomasmuller. Stay with us. [music break] amy this is democracy now , democracynow. Org, the war and peace report. Im amy goodman. The Environmental Movement celebrating one of its biggest victories to date, president obama has rejected the Keystone Xl Oil pipeline. After years of review and one of the most vocal Grassroots Campaigns this country has seen in decades, obama announced friday he will not allow keystone on his watch. The pipeline would have sent 830,000 barrels of crude Oil Every Day from alberta has oil sands to refineries on the us gulf coast. Defenders called it a boost to the economy and a gateway to cheaper gas prices while opponents warned of it is devastating impact on the climate of the residents along its route. President obama initially appeared to cast himself in the middle of the argument saying the issue has played a overinflated role in our political discourse. He rejected supporters who set keystone xl would help the economy but also opponents view that it would be express lane to climate disaster. But then he showed which argument he siding with. Challenging the claims of keystone backers, obama said keystone would not bring economic growth, lower gas prices, or increase energy security. Directle, he did not refute opponents warnings keystone would mean dangerous Carbon Emissions from the extraction of Tar Sands Oil in your the end of his remarks, obama acknowledged approving keystone would undermine the global effort to stop Climate Change. America is now a Global Leader when it comes to taking serious action to find Climate Change. Frankly, approving this project would have undercut that Global Leadership. And that is the biggest risks we face. Not acting. Today were continuing to lead by example because ultimately, if were going to prevent large parts of this earth the coming not only inhospitable but uninhabitable in our lifetimes, were going to have to keep some fossil fuels in the ground rather than burn them and release more dangerous pollution into the sky. As long as i am president of the United States, america will hold ourselves to the same high standards to which we hold the rest of the world. And three weeks from now, look forward to joining my fellow World Leaders in paris where we have got to come together around an ambitious framework to protect the one planet that weve got while we still can. If we want to prevent the worst effects of Climate Change before it is too late, the time to act is now. Right, not some day here, right now. Amy keystone backers have denounced the decision. In a statement, transcanada, the Company Behind keystone said marco rubio said obama continues to prioritize to maze of radical environment list over Americas Energy security. The Broad Coalition that oppose the keystone xl, including environmentalist, indigenous groups, farmers, ranchers, killing the culmination of a tireless sevenyear campaign. The fight to block the pipeline saw activists chained themselves to construction, machinery along the pipelines route, hundreds getting arrested and ask of civil disobedience outside the white house and hundreds of thousands taking part in the largest Climate Change marked in history, the peoples climate march hearing new york just over a year ago. For more were joined by two guests deeply involved in the fight to stop the keystone xl. Clayton thomasmuller is a leading organizer and writer on Environmental Justice and indigenous rights in canada. Hes the stop it at the source campaigner at 350. Org. Hes a member of the cree nation in northern manitoba, canada. And jane kleeb, executive director of bold nebraska. To democracyu both now jane, lets begin with you on the side of the border. Explain how bold nebraska since nebraska, in the end, was a linchpin of why, for people to follow this, transcanada asked to suspend the request for approval in the last days, because they were still trying to resolve where the pipeline would go through nebraska how nebraska played this key final role in the rejection of keystone xl . Nebraska literally from day one has been transcanadas achilles heel. We have mounted not only a Grassroots Campaign of citizens concerned about the climate and water pollution, we mounted a very legal and specific challenge with land owners. Courts as well as finding transcanada on the ground. The most specific were latest move by transcanada essentially was they wanted to avoid their strong lawsuits currently with them in court and still in court even of the rejection happened, they wanted to avoid that court system and go through what is called the Public Service commission and our state to try to get their route somehow approved, which would then have caused the state departments report. We knew that was a hill mary pass. They could not even legally got to the Public Service commission, so we knew it was a political ploy, but in the end, president obama stood with citizens. We made our case directly to the president and he actually listened. That is not only a symbol of the strength of the grassroots movement, but the strength of president obama. Amy if you could talk about how you got involved, how the nebraskans brought together ranchers, farmers, environmentalists many people who might not have worked together in the past over these last few years. I personally have never worked on an environmental issue for keystone xl. I am a mom of three girls. Environmental work was never on my radar. My familys homestead is in the sand, sicker part of our state. We dont have any pipeline in the area. It is very fragile soil. Some environmental friends of mine called me and said have you heard about this . The first one of state Department Hearings before any group in nebraska was advocating on behalf of farmers and ranchers or tribal nations. The farmers and ranchers already knew about tar sands. They knew how risk it was for first patients communities. I turn to a friend and said, we have to organize this. I started turning my Political Campaign skills onto an environment issue. Ive always believed in Climate Change. I think a lot of farmers and ranger seat Climate Change personally, but this keystone xl become a very deeply personal issue for us. We were not only fighting to protect peoples Property Rights and their water, but also heart of a much larger International Campaign to not only protect land and water across the border, but also to actually have an impact on Climate Change. One of the biggest issues facing our generation. This is a very proud moment, to have nebraska matter when everybody always calls us the flyover country, red state, all of these other additives they put on us, we proved them wrong. We proved an Unlikely Alliance can stop is risky projects. Amy Clayton Thomas mueller, were speaking to you from ottawa, canada. Talk about the role of First Nations and fighting keystone xl, how long you have been doing this, how you organized. Absolutely. First of all, big shout out to president obama for rejecting the keystone xl pipeline and demonstrating true climate leadership. The issue of the keystone xl pipeline and of course it being thebiggest carbon bomb on planet, the canadian tar sands, this issue of tar sands expansion has been an issue for decades here for frontline First Nations communities living with this Huge Development in the midst of their traditional territories. It has been a fundamental treaty rights issue, a fundamental human rights issue because of the direct impacts that people have been facing. The keystone xl campaign, of course, became the lightning rod of u. S. Environmental movement. Due in large part to the organizing efforts of First Nations leadership who traveled along the proposed rightofway of the keystone xl, talking to landowners, talking to native american leadership, talking to municipalities all the way from alberta to the gulf coast of texas. Essentially, building their case that we need to stop this pipeline because of the huge impacts that are taking place in alberta in relationship to human rights, in relationship to water, especially in relationship to Climate Change. Beenis issue has tremendous for local communities here in canada, but communities all around the world are being affected by Climate Change, especially indigenous communities. For us, this is a huge victory, definitely a huge signal to our new Prime Minister here in canada that, you know, real climate leadership means not building tar sands pipelines and not supporting the expansion of the alberta tar sands. Amy last month in alberta, Oil Giant Shell abandoned its plans for a massive tar sands mine, citing concerns there arent enough pipelines to transport the crude oil. This comes after shell also canceled its plans to drill in the arctic. The construction of major that would help move alberta tar sands have been delayed by massive resistance, especially by First Nations. In ontario, women disrupted one of transcanadas town Hall Meetings over the proposed pipeline in 2014. You guys are not welcome on our territories. That is coming from the women. Youre not welcome here. Ok, thank you. If were not going to be a little present information your information is lies. Ok. Your information is lies. Youre risking mother earth. We are talking about our grandchildren and future generations. What are you going to tell your grandchildren and what are your grandchildren going to tell their children when there is no water . In the car that is women challenging transcanada at a town hall meeting. Last month, shell reported a loss of 7. 4 billion for the Third Quarter of this year. Thats compared with a profit of 4. 5 billion in the same quarter a year earlier. Can you talk, clayton, about the significance of these actions . Absolutely. I think what this victory represents to the Climate Justice movement, to the indigenous rights movement, is it represents incredible power of social movements here in north america, social movements that are rooted in a strong anticolonial narrative, that are intersectional and design. I think for us, the fact that people have moved the most powerful government in the United States to say no to big oil is a huge victory that sends a very clear message to our newly elected Prime Minister trudeau here in canada that on the eve of the worlds biggest summit on Climate Change in paris, that real climate leaders do not support investment into dirty Energy Sources like the alberta tar sands. So for us, you know, i think Oil Companies like shell that are operating in the tar sands are trying to use every resource available to them to try to get tar sands accessible to international market. And social movements, including the keystone xl movement, had been able to keep that resource landlocked in a way that, like a said, has been committed to using test of using one of the largest carbon bombs on the planet. For us and canada, this victory is emails. There are other amy clayton, let me ask you something, president obamas rejection of the keystone xl comes as activists have staged a canada. Imate action in lastly, demonstrators greeted crime minister Justin Trudeau with a sit in at his new ottawa residents just after he was sworn in. The protest to manning action on stopping emissions and reversing the legacy of trudeaus predecessor. We just lost Clayton Thomasmuller, that we will continue to follow that protest as well as going to paris for the two week u. N. Climate summit. Democracy now will be broadcasting from there. I want to thank our guest, Clayton Thomasmuller a leading , organizer and writer on Environmental Justice and indigenous rights in canada. Hes the stop it at the source campaigner at 350. Org. Hes a member of the cree nation in northern manitoba, canada. And thank you to jane kleeb with bold nebska,peang her hstate ebraska. Go pastcome back, we another border or we go to another border, we are going to san diego, california. They with us. [music break] amy this is democracy now , democracynow. Org, the war and peace report. Im amy goodman. The department of justice has announced no Border Agents would be prosecuted for their role in the killing of a mexican immigrant near san diego, even though eyewitness video showed him being chased and beaten. The incident occurred in may 2010 when 32yearold anastasio hernandezrojas was caught trying to enter the United States from mexico. Hernandezrojas had previously lived in the United States for 25 years from the age of 15. He was the father of five u. S. Bornchildren. Agents say they confronted hernandezrojas because he became hostile and resisted arrest. But eyewitness video raised many questions. The footage was obtained by reporter John Carlos Frey and aired in a 2012 pbs report by correspondent john larson. What u. S. Border agents did not realize is that eyewitness videos of the incident caught the sounds of anastasio hernandezrojas screaming and pleading for his life. And now and never before seen eyewitness video of the incident raises new disturbing questions. The dark video reveals more than a dozen u. S. Border agents standing over anastasio hernandezrojas. It shows the firing of the taser. Was anastasio he, as police suggested, combative when he was killed or was he on the ground handcuffed . Amy video from the pbs program need to know. The san diego Coroners Office classified anastasio hernandezrojass death as a homicide, concluding he suffered a heart attack as well as bruising to his chest, stomach, hips, knees, back, lips, head and eyelids, five broken ribs, and a damaged spine. Despite these findings, the department of justice announced on friday there was insufficient evidence to pursue federal criminal civil rights or other federal charges against the agents. The killing of anastasio hernandezrojas had spurred calls for Border Agents to begin wearing body cameras, but the Los Angeles Times reports a new internal review by u. S. Customs and Border Protection officials found staff should not be required to wear body cameras in the field. Joining us from san diego is Andrea Guerrero, cochair of Southern Border Communities Coalition and executive director of alliance san diego. Can you tell us, before we go to this decision, one of the Largest Police bodies in the country, the Border Patrol, not to wear body cameras . Lets talk about this case, sts talk about anastasio case, and talk about the exoneration of the men involved with his death. Yes, thank you. This is a devastating decision for the family of anastasio. As you mentioned, you been a long time resident of san diego. He was picked up off the streets of san diego because he was undocumented. He did attempt to return to his family, his children he has five children here in the United States. He was apprehended and he was hurt by agents in the apprehension. He sought medical assistance, but instead of providing that, the agents attempted to deport him forcibly without providing any assistance. It was than the altercation occurred that was witnessed by passersby at the port of entry. He was electrocuted. He was beaten with a baton. And he was put face down on the ground, hogtied, handcuffed with his pants taken off of him with an agent on top of him, which led him to a 68, lose consciousness, end up in the hospital. Shortly thereafter, he died. Amy and talk about the significance of the video that was released and then what were the grounds the Justice Department announced the clearing of the officers who killed him . Fortunately, there was an eyewitness video there were actually two eyewitness videos, and the first of video came forward immediately. The second video came forward two years after the incident. And when it did, it broke a brutalitytory about and impunity. Until the second video emerged, cpb had asserted that there were only a few agents involved and that anastasio had been combative and that use of force exercised against him was justified. Of second video calls all that into question. There were a dozen agents involved in the incident. The agents who were there immediately following the incident went up on the bridge or the passersby are witnessing what was going on. They took the cell phones of the passersby. They erased videos all but one video. One eyewitness saw what was coming, saw the agents coming, and she pocketed the video. She held onto it for two years. She was scared to release a because she is in the murder of a man. She finally did have the courage to come forward. We are very grateful for that. And when she did, he broke a national story. It broke the credibility shield of cbp who has long enjoyed virtual impunity in this country. Amy that is customs and Border Protection. I want to turn to anastasio whoandezrojass widow spoke after the Justice Departments decision not to file charges against the agents. Pugo. Name is maria today i received very bad news about the case involving my husband anastasio hernandezrojas was killed by the Border Patrol. Amy that is anastasio hernandezrojass widow, maria after the Justice Departments decision not to file charges against the agents who killed her husband. You can go to democracynow. Org to see our interview with maria puga. I want to ask you, Andrea Guerrero, about the decision that is coming just about the same time after a year investigation of the Customs Border patrol not to put body video cams on the agents across the border of the United States. It is an outrageous decision. This is an agency in crisis. In this country, we have a policing crisis. Cbp is at the front of the crisis, the Largest Law Enforcement Agency in the country. And as president obama is calling upon local and state police to adopt 21st century reforms, which include body worn cameras, we urge him to consider leading by example with his own police force, customs and Border Protection, and directing them to adopt cameras. Cameras would have saved the life of anastasio and may have staved save the lives of many others. The reason why the department of justice was not able to bring charges is because they could not ascertain whether he had been combative prior to the eyewitness video or not. That is right now just the word of the agents against anastasio, who is dead. If the agents had had cameras, we would know whether his actions justified what we saw. But right now, we dont know. All we see is a lot of brutality and an eyewitness video that led to the death of anastasio. Amy the me ask you, among the reasons that customs and Border Patrol have given for saying no to these body cameras, they may maybemployee around and unsuited to the hot, dusty conditions in which Border Patrol agents often work. Your response . Police in nearly every county in the southern border from the Pacific Ocean to the gulf of mexico are using body worn cameras in the same conditions, the same hot, dusty climate, facing the same challenges and there is no reason why customs and Border Protection cannot address those same challenges, adopt the best practices. They have lots of local Police Examples to turn to. There is absolutely no reason why they cant adopt these cameras. As for their morale, these cameras are not about them. These cameras are about the community. These cameras are about protecting us and our families and making sure that what happens to anastasio doesnt happen to anyone else. Unfortunately, it has. It is happened of 40 more people since he was killed. 40 more. We cannot allow this to continue. They wont solve everything, but body cameras are critical step for accountability in this agency. Amy Andrea Guerrero, thank you for being with us. We will continue to follow this story. Cochair of Southern Border Communities Coalition and executive director of alliance san diego. That does it for our broadcast. Democracy now is hiring a Development Director to lead our Fundraising Efforts and an onair graphics operator. And were also accepting applications for our internship program. Find out more at democracynow. Org. Democracy now is looking for feedback from people who appreciate the closed captioning. Email your comments to outreach democracynow. Org or mail them to democracy now p. O. Box 693 new york, new york 10013. 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