06/26/14 06/26/14 [captioning made possible by democracy now!] >> from pacifica, this is democracy now! there are some fear concerning three of the civil rights workers, two whites and a negro. police had arrested the three men for speeding yesterday but released them after they post a bond. they have not been heard from since. but it was 50 or's ago this week that three civil rights activist were murdered when they went to volunteer with freedom summer

attempting to register african-americans in mississippi. james chaney, andrew goodman, and mickey schwerner were murdered. we will speak with andrew goodman's brother david. >> he was 17 years old at the time. experience that i wouldn't wish on anyone. it was an astonishing realization of what goes on in the world and the country, is not necessarily what appears to go on. >> we will go to jackson, mississippi to speak with reverend julia chaney-moss the sister of james chaney, and angela lewis, daughter of james chaney, as well as with investigative reporter jerry mitchell who helped put one of the klansmen who killed the three men behind bars. but first, the supreme court delivers a resounding victory for privacy, ruling police must get a warrant in order to search the cell phones of those they arrest. we will get reaction from the aclu full's top all of that and

more coming up. this is democracy now!, democracynow.org, the war and peace report. i'm amy goodman. the supreme court has ruled police must obtain a warrant before searching the cellphones of people they arrest. the ruling likely applies to other electronic devices such as the top computers. the unanimous decision overturns the conviction of a california man sentenced to 15 years to life in prison after police pulled him over for expired vehicle tags, found guns in his car, then searched his phone. data from that search was used to tie him to a shooting. the ruling is being hailed as a major victory for privacy rights in the age of smartphones. we will have more on this story after the headlines. fight for magic wallet he has picked up new victories with rulings against bans in utah and indiana. in a two to one decision wednesday, the 10th u.s. circuit court of appeals found that

utah's ban is unconstitutional. although lower courts have struck down a number of state bans, it is the first time a federal appeals court has done so since last year's spring court decision overturning the defense of marriage act. or than 1000 lgbt couples tied the knot in december during a brief window when a district court struck down utah's ban. the new ruling sets up a likely challenge before the supreme court with utah planning to appeal. a federal judge struck down indiana's same-sex marriage ban and ordered officials to immediately begin issuing marriage licenses. in a statement, the aclu lesbian gay bisexual transgender projects said -- new figures show immigration thing customs enforcement deported more than 72,000 parents of us-born children last year. the plight of parents with american showman has been a key subject in the immigration

reform debate, with advocates urging president obama to take executive action to stop the separation of millions of families. over2,000 figure includes 10,000 deported parents with no, no convictions. the news comes as the obama administration grapples with an influx of thousands of undocumented children fleeing violence and poverty in central america. on wednesday, homeland security secretary jeh johnson is it a federal immigration center in arizona where he made a public appeal to the parents of child migrants. johnson said children are making dangerous treks to the u.s. border based on false hopes of citizenship. >> my overall message is that it is not safe to send your child on the over 1000 mile journey into mexico, in the south texas. if you are a parent considering doing this, daca is not available for your child. citizenshipatches

is not available for your child. it is a dangerous journey. iraq's sunni militants have seized a new iraq you town just an hour from the capital baghdad. it is home to four natural gas and is the latest in the north and west to fall under militant control. in a televised speech, the vowedul shift clerk sadr to shake the ground under advancing sunni militants and expressed concern about foreign involvement in iraq will stop isis forces are reportedly setting their sights on iraq's second-largest dam. the new york times reports iraqi forces guarding the dam have been order to prepare for opening the floodgates despite the potential for widespread damage. isis militants already control a major dam of the euphrates river in neighboring syria. it could threaten any humanitarian crisis. the unitedto iraq,

nations world food program poised concern for the estimated half a million iraqis displaced in recent weeks. >> these people didn't have anywhere else to go. they are depending upon the international community and the generosity of the people of this community for their survival. notchallenge is that we do have the necessary resources to provide the assistance that is ofuired for sustained period time. >> at least 21 people a been killed and 17 wounded in a bombing at a shopping mall in the nigerian capital. the nigerian government has blamed boko haram militants. the government is denying reports around 90 people were kidnapped in the northern born state over the weekend. new figures show the u.s. economy has suffered its worst contraction since the depths of the recession five years ago. the commerce department says

gross to mr. product sell 2.9% in the first quarter between january and march. major factors included an unusually cold winter, the expiration of long-term unemployed benefits, and cuts to food stamps. a united nations panel has voiced concern over detroit's mass shutdown of water to city residents behind on their monthly bills. since march, the detroit water authority has cut the water taps of around 3000 residents per week over unpaid bills of two months or more. in some cases, families losing their water have had their children removed and placed in foster care. in a statement, experts with the office of the high commissioner for human rights say the disconnection of water taps constitutes "a violation of the human rights to water and other international human rights." they add --

the statement comes days after coalition of human rights groups and detroit activists submitted an appeal asking the u.n. to intervene. you can go to democracynow.org for our coverage of the detroit water shut off from tuesday's broadcast. house speaker john boehner is seeking congressional approval to sue president obama for overstepping his authority. obama has angered republicans with a series of executive orders in the face of a gridlocked congress, with actions including raising the minimum wage, expanding lgbt protections, and stopping the deportation of undocumented immigrants who came to the u.s. as children. on wednesday, boehner said he will ask house colleagues to verizon a legal challenge -- to authorize a legal challenge. >> the president has not

faithfully executed the laws in my view. we have a system of government outlined in our constitution, the executive branch, legislative branch, and the judicial ranch. congress has its job to do and so does the president. when there is conflict like this between the legislative branch and the administrative branch, in my view, it is our responsibility to stand up for this institution in which we serve. >> owner declined to say which executive actions he plans to oppose. at the white house, press secretary josh earnest said republicans are approaching a new level of political obstruction. >> for long time we've seen republicans block progress in congress, a range of bills that would promote economic strength, but in this case, it seems republicans have shifted their opposition into a higher gear.

frankly, it is a gear i did not previously know existed. ae fact there considering taxpayer-funded lawsuit against the president of the united states for doing his job? i think is the kind of step that most americans would not support. >> in indonesia, the campaign of a leading presidential candidate and former military general has threatened to arrest american journalist allan nairn. nairn wrote an article quoting from a 2001 interview he conducted with the former general, who said -- not ready for democracy and it's a benign authoritarian regime." he also added "do i have the guts? and i ready to be on the fascist dictator?" the story is becoming an issue and has but the former general on the defensive. it coincides with outrage over the release of a music video made by the general supporters

and a dosed -- endorsed by the general himself in nazi-like in forms. a spokesman said the military is prepared to arrest nairn if he is found to have richard indonesia. on his website, allan nairn said "i am currently in indonesia, so if the army would like to capture me, they can." nairn has reported from indonesia for years, previously exposing government killings of civilians. journalists covering the united nations held an emergency session on wednesday to denounce egypt's sentencing of three al jazeera journalists to between seven and 10 years in prison. peter greste, mohamed fahmy, and baher mohamed were convicted this week of "spreading false news coastal in support of the muslim brotherhood, deemed by the government a terrorist group. speaking before the united nations, al jazeera america president kate o'brien demand it the trio's release. >> we want our al jazeera

journalists returned to their families and colleagues where they belong. we're doing everything in our power to achieve that. it has been 179 day since they were arrested. it is time for them to come home to their families, their colleagues, into their all-important work. >> an egyptian official attending wednesday session said it may take three to four months for the journalists appealed to be heard. also addressing the gathering the robert mahoney of the committee to protect analyst called on egypt to release all 14 journalists it is holding behind bars. >> today as we speak there are 14 journalists in jail in egypt including the three al jazeera journalists. that makes egypt and on our reckoning, the biggest jailer of journalists in the arab world. more than syria where there are about 12. working for the release of all those journalists and we would urge the egyptian authorities to release them.

and president sisi has it within his power to free them. >> in his first statement since being sentenced, journalist peter greste urged supporters to keep up pressure on the egyptian government, saying -- and those are some of the headlines. this is democracy now!, democracynow.org, the war and peace report. i'm amy goodman with juan gonzalez. >> welcome to all our listeners and viewers from around the country and around the world. the supreme court has delivered a resounding victory for privacy rights in the age of smartphones. on wednesday, the court ruled unanimously that police must obtain a warrant before searching the cellphones of people they arrest. to ruling likely applies

other electronic devices, like laptop computers, which, like cellphones, can store vast troves of information about a person's life. ae decision overturns california man, david riley, who was sentenced to 15 years to life in prison after police pulled him over for expired vehicle tags, found guns in his car, and then searched his phone , discovering data used to tie him to a shooting. >> wednesday's court ruling makes no mention of the national security agency and its vast web of cellphone spying. but some nsa critics say it signals a greater understanding by the court of today's technology and its implications for privacy. chief justice john roberts delivered the opinion of the court. on the final page, he wrote --

well, to talk more about the ruling, we're joined by nathan freed wessler, a staff attorney with the aclu's speech privacy and technology project. welcome to democracy now! talk about the significance of this unanimous ruling. >> it is really amazing. it is an unequivocal affirmation the fourth amendment still has vitality in our digital age. the court held when police arrest a person in search their cell phone or seize the cellphone, they need to get a warrant from a judge based on probable cause before they can search the contents. as the court describes, our phones contain staggering quantities of personal and private information about us. they contain things like years of our e-mails, text messages,

photos, financial record, medical information, information about our intimate relationships. police are no longer able to go on fishing expeditions through those records without getting a warrant first. the court understood and recognized digital searches in the 21st century require 21st-century rules. >> nate, a really was an amazing decision and strongly worded. chief justice roberts writing the opinion for the 9-0 vote said -- so your sense of the fact that both the conservative and a liberal wings of the court on this were unanimous? >> it is really amazing and

reflects the complete consensus the aggregation of our digital data requires more robust protection from the court because opposes more acute privacy problems under the fourth amendment. as the court recognized, ears ago and the analog world, and we never would've had a staggering quantities of personal information center houses that we now have in our e-mail saved on our phones or other digital devices, for that matter. the court's opinion applies to record to searches of cellphones, but clearly the logic extend equally to other kinds of computers -- tablets, desktops, laptops. it also provides a roadmap for courts to look to when addressing other kinds of electronic searches, whether cellphone tracking were laptop searches at the border or other kinds. >> what about the whole issue of the nsa spying, the implications of this decision in terms of cases that may, before the court on that as well? >> the court was careful not to directly address that question, but the logic and reasoning they

provide strong indication that courts around the country can look more carefully those issues. whenever the government is trying to troll through large quantities of our private digital information in the the most infinite -- intimate details about our lives, the court has something to say about it. i look forward to courts grappling with this issue. >> can you talk about the two cases on which it was based? >> the cases came out of california and massachusetts. on involved the california case, a smartphone but the massachusetts case involved a more traditional older flip phone. cases tookin both the phones after arresting somebody, searched through them without a warrant, and the court held the evidence that comes from the searches cannot be admitted is people at trial because their unconstitutional searches. it shows how sensitive that information is, and really is going have a practical impact on police-citizen interaction through interactions with people

all over the country. >> what can people practically do? whether they're at the airport, on a border, on the street when he police or customs agents takes their digital equipment? >> the first thing is, people know they do not need to consent to the searches. calmly tell the officer, i do not consent to the search. onthe officer insists continuing to search the phone, a reasonable affirmation of your rights, the supreme court says you need a warrant -- that would be appropriate. it will be up for the courts to sort it out after the fact, but as of now, the police are on notice there is a firm rule they need to get a warrant. >> justice department immediately reacted to the court decision. the justice department spokesperson said --

what is your response to the justice department's immediate response? >> it is not surprising really nothing new. please had the ability to secure crime scene or home while they try to get a warrant. that is fine. if they can demonstrate probable cause several recent research this phone and then they will get a warrant. if they can't, the judge is going to turn them down and they will have to turn the property back over to the person a searched. >> that's talk about stingray spy devices which are being used by police across the country. the associated press ursula reported the obama administration is pressing local police department's to conceal information about their use of our full site equipment like stingrays, which mimic cell towers to intercept data from all cell phones within a certain radius.

this is a clip from a report by news 10 in sacramento about the secrecy surrounding their local sheriff department alleged use of technology. >> during our investigation, it became clear the sacramento sheriff's department could not get its story straight about using stingray technology. originally, he gave us an invoice from the maker of the device, the harris corporation, showing the department bought a high-powered antenna that extends the range of stingrays. in his said, "this technology comes with a strict nondisclosure requirement. it would not be appropriate for us to comment." finally it said more documents from the harris corporation "exist but did not have to be disclosed." including a state law written to protect railroads. >> the aclu actually had records

they were seeking on stingrays seized by u.s. marshals in sarasota, florida all stop is that right, nathan freed wessler ? >> just to give a little background, stingrays are used to mimic cellphone towers and trick people cellphones and reporting back their electronic serial number and other identifying information and locations. these are powerful police tools and we've been seeking information about them around the country including in florida and sarasota. when we requested records from the sarasota police department about their use of these devices, initially told us they had records and are willing to let us come and inspect them in their offices. in hours before the meeting, they canceled the meeting because the risk marshals office had asked them to do so. the marshall's office was asserting the on the records. we were negotiating about how to inspect these -- i've never seen this in my public records work -- they sent a car from the nearest field office, seized the box of records and remove them

from the jurisdiction of the florida court and from the view of the florida international public will stop >> do you have any sense of how widespread the use of these stingrays is? >> we know it is quite right spread -- widespread and dozens of state and local police department as well as the marshall's and fbi and other agencies are using them. a recent investigation of records obtained by the press and our own affiliate answer internet searches come has determined at least 38 state and local police department in 15 states has purchased these. that is aside from the agencies darling that from u.s. marshals, the fbi, or state police. aside from the numerous agencies we still do not have records from. >> but have enough of these to cover city must be a pretty big cost, isn't it? >> the way we see them being used so far, police to plug them in particular investigations,

often looking for particular cell phone, and it will drive around the city or suburb looking for that cell phone. part of the problem and why we're so concerned about these devices, even when police are trying to locate a particular person's phone, these devices work by sending out a signal that traverses the triggers everyone's -- triggers everyone's phone. we have been asking, do they have internal policies to protect the privacy of these innocent bystanders? are they obtaining a warrant? have they implement it privacy protections that we can rely on? police have overwhelmingly resisted answering those questions, partly at the behest of the federal government. >> nate, thank you for being with us, nathan freed wessler, staff attorney with the aclu's beach privacy and technology project. when we come back, we go back 50 years. 50 years ago on june 21 that three civil rights workers -- james chaney, mickey schwerner, andrew goodman -- were murdered

in mississippi. we will go to jackson. stay with us. ♪ [music break]

>> this is democracy now!, democracynow.org, the war and peace report. i'm amy goodman with juan gonzalez. >> we spend the rest of the hour

on voting rights. june 21 marked the 50th anniversary of the murders of three young civil rights workers who traveled to mississippi for freedom summer in 1964. the historic campaign to register african-american voters is chronicled in a new documentary called "freedom summer" that aired on pbs american experience this week. this is the trailer. [indiscernible] to control the making of the law that controls me. control the government in which i live. >> i don't think people understand how violent mississippi was. vote,ck people try and they can get hurt or killed. >> [indiscernible] >> they would say, you're right, boy. we should be registered to vote,

but i ain't going down there and messing with them why people. send in theo mississippi the summer upwards of 1000 students from all around the country who will engage in freedom school, but registration activity, and open of mississippi to the country. >> we face absolute extinction of all we hold dear. we must be strong enough to face the enemy. >> three civil rights workers have disappeared and have not been heard from. >> it was always in the back of everybody's mind that that things were going to happen. you cared about this country and cared about democracy, and you had to go down there. on the first day of freedom summer in 1964 committee again with the disappearances of the

young civil rights workers james chaney, andrew goodman, and michael schwerner. it was on june 21, 1964 that the men went missing after they visited a church in neshoba county, mississippi, which the ku klux klan had bombed because it was going to be used as a freedom school. this clip from the documentary picks up the story. we hear from retired fbi agent jim ingram and reporter jerry mitchell. it begins with former u.s. assistant attorney general john doar. >> three silver rights workers were missing. they had last been seen going up to investigate a church burning in neshoba county. >> it is 35 miles per murdered into philadelphia than 12 miles to lawndale or the church had been burned. that afternoon, the three were seen at the church site and at the home of its late leader. about 2:30 to headed westward philadelphia. >> chaney was outside changing

the tire. they had a flat. he said, i'mled up arresting chaney for speeding. schwerner and goodman, for investigation. >> the deputy sheriff stopped him and takes him into jail. somehow, someway, the message gets out to the klan and then they have to organize. --the "made things, gather they coordinated things, gathering as he wanted to go get closer they would not have rints said the guys say one were in jail. >> by 10:00, price that here located a justice of the peace. price then says what happens. >> they paid the fine and i release them. that is the last time we saw any of them. backe boys were driving from the county jail and started down the road toward meridian when they were stopped by a police car. there would be this group of klan people. >> they arrested them and put

them in price's car. >> then turned right into a gravel rural road. --outgoing roberts or grabbed schwerner and said, are you that n-word lover? and schwerner said, sir, i understand how you feel all stopbam. shot him. grabbed goodman. goodman didn't even get a word out. shot goodman. chaney now realizing what is going on, took off. we know he was shot by several people. they also apparently beat him. >> that is a clip from the documentary, "neshoba: the price of freedom." ,ven after the attack on chaney goodman and schwerner, more than 700 students can do the state to register voters. 44 days after the trio disappeared, fbi agents found their bodies buried in an earthen dam.

during the six-week search, the bodies of nine black men were also dredged out of local swamps. the murders in mississippi outraged the nation, propelled the passage of the voting rights act of 1965. for more, we're joined by family members of two of the victims. in jackson, mississippi, we're joined by reverend julia chaney-moss, who was 17 years old in 1964 when her brother james chaney was murdered. also in jackson, angela lewis, the daughter of james chaney. she was born just 10 days after he was killed by the klan. in new york, david goodman, the brother of andrew goodman, murdered along with chaney and mickey schwerner in mississippi in 1964. he also was 17 years old when his older brother andrew was killed. he is president of the andrew goodman foundation. his mother, carolyn goodman, recently published a book posthumously called, "my mantelpiece: a memoir of survival and social justice." towelcome all of you democracy now!

timeave all been spending in mississippi. angela, you live there. relating what is happening today around voting rights to what is happening 50 years ago. first, david, and then i want to ask each of you, when did you hear what had happened to your brother? >> well, he was missing on june 21, but we did not know he was dead for 44 days. the fbi found their bodies in the afternoon of august 4. i was at home by myself. my parents had gone out that evening to a concert. it was the first time they went out. i believe lee white, who is assistant to president johnson, actually called powerhouse. said they had found the bodies. >> i think was bill moyers who got the call for mississippi saying they have found them when he was in the white house. julia chaney-moss, can you tell us where you were on that day

when you learned? home with my mother and my sisters and my brother, ben. >> and the white house called? >> no. we did not get a presidential call. what hadd you learn of happened? , i will preface it with before they left, before mickey, j, and and he laughed, j had said to us -- had left ,jay said if they were not at a certain hour comic get a list of phone numbers that we should start calling. so when they were back, we began to make the call. day --not until the next

well, that we were officially informed that they were missing because they weren't able to be tracked anywhere. >> david goodman, for those viewers and listeners who are younger who weren't alive back in 1964, can you talk about how big of a story this was nationwide, the impact it had on the country? some stories say 1964 changed america. had was 17 years old and just graduated from high school. my grandfather used to say, if you have a question, ask a 17-year-old because they know everything. turns out, i did not know very much at all, but i learned a lot quickly in a way that i would not wish on anybody. the story was huge. it was a huge story. i have been told for the 44 days they were missing, it was the

most watched and listened to and read about story internationally, even, because as i subsequently read, the rest of the world viewed united states, understandably, as the leading role democracy and could not believe that in many of our states, with policemen murdering civilians. with the history of getting away with it. certain institutes, why police and white people murdering black people in certain states. it was a shock. levelvent was kind of a -- a secondary level of shock to me and to the nation to realize that white people could also be murdered because of black people, which has almost never happened before. it was an international and national story, and the really sad part of the story, in my opinion and the way i feel, is it took two white kids to wake up white america to what was going on in our country. >> i just visited your house

were you grew up where after you learned of the murder of your brother and james chaney and make you schwerner, martin luther king and his wife came to pay condolences to her family. >> we were really honored. it was after they found the bodies that dr. king and coretta king came to express their deep regrets and it was quite an event for me, personally. >> angela lewis, you were not yet born. how did you learn the story of your father? you were born 10 days after -- whenaney -- 10 days were you born, angela? born june 11, 1964. i was just 11 days old -- 10 days old. >> so how did you come to

understand, as you grew up, what happened to your dad? >> mainly, through reading for myself after talking to my motherther, my father's stopped at a couple of aunts that which to me bits and pieces, but i was not privileged to a lot of information about my father. >> for many years your mother did not tell you what happened? >> no. >> talk about and learning for yourself and talking to her grandmother, how that shaped you and your work now around voting rights and around racial equality. you live in meridian, mississippi. >> well, it gives me a great appreciation for not only the sacrifice that my father made, but others as well. and he gives me the same motivation and desire to want to

people and to just try to make people's lives better. mostly, it is just an appreciation. i think i share the same passion that my father did when it comes to just wanting to help people, to help people live a better life. >> julia chaney-moss, i want to ask you, the long period of time before anyone was found guilty of these murders. could you talk about that in the impact that finally there was a conviction in the case? >> well, it was a true quickly long period -- terrifically long period of time. life goes on. you continue to live, even when there is an absence in your life. a present absence in your life. you continue to live.

in fact, we had no idea until we were called and asked and given pendingion about the a creatureindictment killing, prior to that, there seem to have been nothing really occurring. happened, again, because there was no precedents, nothing had happened before of this nature, seriously, and it was difficult -- a little difficult to rejoice or be happy about this. but to hear this, the temerity, ok andjust be -- to be kind of in waiting to see how this would unfold and what would occur. >> in a moment, we're also going

to be joined by jerry mitchell, who was one of those who helped lead to the indictment and conviction of preacher killum. i want to go back to the day of the funeral in mississippi. i'm sure, reverend -- were you at this funeral along with your brother ben? >> unfortunately, i was not at the funeral. was sick. i was home. yes, everyone left to the funeral and there is no compare tohat can the emptiness i felt in being in the house and just knowing what was occurring. go to dave dennis who led the congress of racial

equality operations in mississippi, speaking at your brother's funeral, james chaney plus funeral. this is from the documentary freedom summer." >> what i want to talk about is what i really grieve about. i don't grieve for chaney because the fact i feel that it was full of life that many of us will ever live. i feel that he has got his freedom and still fighting for it. >> dave dennis's speech was a turning point in the summer because everybody wanted him to say the usual things that you would say it funeral, and dave dennis just couldn't do it. he challenged the people at the memorial and challenged the whole movement. you say, i know it is going to happen. i feel it deep in my heart. >> all the deep emotions, the

things here been going through leading up to this particular out, boilan to come up in him, you might call it. in looking out there and seeing chaney'sey, james little brother, i lost it. i totally just lost it. but don't bow down anymore. hold your heads up. we want our freedom now. i don't want to have to go to another memorial. i'm tired of funerals. i'm tired of it. >> that was david dennis of the congress of racial equality at the funeral of james chaney. angela lewis, i would like to

ask you, how has mississippi changed and all of these years? and we just heard the news in the last few days of many african-americans voting for thad cochran, the republican, against the tea party in his own republican primary. could you talk a little bit about how the state has changed? >> i do feel the state has changed from where we were in the 1960's, but there's still a lot of work to be done because now we have a generation of young people that are apathetic because we don't have the same challenges that we had then, so the challenge now becomes to keep our young people educated and interested in moving forward and just being aware of what is going on in society and being a part of that. hownd can you talk about this 50th anniversary, the

activities that have been going -- david,ssissippi you have just come up for mississippi, julia chaney-moss, you live in new jersey and your helping to care for your brother ben was at the funeral, but is have gone down to mississippi. the widow of a quiche warner has been a mississippi. there's a whole conference going has- of mickey schwerner been a mississippi. there's a whole conference going on. how has this been galvanizing in mississippi? >> certainly. adjusting the volume of group of young people and their enthusiasm is really heartening and really very hopeful. ahead ofenges that lay these young people and the fact they're so eagerly willing to inform themselves, to empower themselves and step up to the

plate and i really portends for future that is much brighter than the existence of mississippi today. >> why did your brother risk is life, julia chaney-moss? he knew the incredible danger, even more so than the white activist, of coarse, because he was african-american. brother was at a crossroads. at 17, we're looking at our future by looking at our options , and the directions we are choosing. he made a choice. he made a very conscious choice of becing involved with the student group and the naacp. button to naacp school and was expelled by the principal. he did not stop. at the juncture he had decided

to become further involved copper he had had a conversation with my mother. and his burning question, i think the driving force of his life with why we have to live this way. so in asking that question and having those conversations with my mother, he began to share with her the choices he had made and the work he was about to begin. and my mother, and her formidable wisdom, also shared with him -- i heard her say, "boy, do you know what you're about to do?" he said, yes, ma'am, i know. >> she said, you know you can get killed for this. he said, yes, ma'am, i know that i can. forget him.d not not, in any way, try to impede him. she was not delighted by his

choice, but she certain choice.d it that >> i want to thank you both for traveling for the hour and a half to be with us today. reverend julia chaney-moss, sister of james chaney, and angela lewis, james chaney's daughter, born just a few days before james chaney was murdered. david goodman is here in new york. he stays with us for this last segment. joined from be jackson by jerry mitchell, the investigative reporter who helped bring one of the klansmen to justice for the murder of the three civil rights activists. we will talk about voting rights in states today. thank you so much for being with us. we will be back in a moment all . ♪ [music break]

>> this is democracy now!, democracynow.org, the war and peace report. i'm amy goodman with juan gonzalez. statestay mississippi, and the news this week when african-american voters crossed party lines to help republican senator thad cochran nearly defeat a tea party challenger to win his party's nomination. it was just a year ago that cochran praised a supreme court decision that that at the heart of the voting rights act. editorial in today's "new york times" calls on him that to become the first republican to cross party lines to support a new measure that would restore the act's protections.

>> we stay in jackson, mississippi, where we're joined by jerry mitchell, investigative reporter for "the clarion ledger." his work as helped put four klansmen behind bars, including the man who orchestrated the klansmen 1064 killings of three civil rights activist during freedom summer, as well as the assassin of naacp leader medgar evers in 1963. he is writing a book on cold cases from the civil rights era called "race against time." also joined by ari berman, who covers voting rights for the nation. his latest article, "fifty years after freedom summer, the voting rights act is needed more than ever" and "where are the gop supporters of voting rights?" book toso working on a coincide with the 50th anniversary of the voting rights act. jerry mitchell, as we talked about voting rights, can you talk very briefly about this unusual race that took place with thad cochran, longtime incumbent senator, narrowly defeating a tea party challenger by appealing to black democrats

to come out and vote for him? a closedtates, it is primary, so democrats can vote for republicans and vice versa. how does it work in mississippi? >> it is the opposite. it is an open primary. so if you vote, for example, in this case you had a runoff, let's say you voted in the democratic primary as a democrat, you could turn right around and vote in the republican runoff will stop there is no restriction on that. >> jerry mitchell, on this anniversary of the killings of schwerner, cheney, and goodman, your instrumental in finally getting through your coverage, one of the klansmen, edgar ray killen, finally convicted, although it took more than 40 years. could you talk a little bit about how you're able to uncover

or finally get the story out? >> well, what it was, there was an interview that sam bowers, the head of the white knights of the ku klux klan in mississippi, had done an interview. there had been a prosecution -- federal prosecution in 1967 for violating civil rights. then, 7 wereried convicted including bowers, and the rest of the 18 walked. hours said in the secret interview that i was able to get a copy of that he was quite delighted to be convicted and have the main instigator walk out a free man, referring to edgar ray killen. that is what that the case reopened. that was in 1999. eventually, led to recross to should in 2005. >> david goodman, were you at the trial? what it me to you to have preacher killen behind bars? >> yes, i was at the trial.

you know what? that is a good question. it is mixed with the motion. it is a complicated question. i think of a simple quick answer that he was involved in the murder -- actually, he was a convicted for manslaughter. , which is a lower count. and the summit commits a crime, they should -- if somebody commits a crime, they should be convicted of pay the price of that, but no one else was convicted. the people -- he was physically not at the scene of the crime. the men who were physically there were never convicted of anything. they were not even tried. and you can't be convicted if you're not tried. they were not even indicted, which is step one. , the question is, how

do you indict society? these men to commit a crime, but it was condoned by millions and millions and millions of people. in that movie clip you showed from the show, there is a piece where one of the relatives of wasof the murderers who known to be there -- and that was established in a federal court, who took my brother and james and mickey. it never got to a state court, which is the only place murder can be tried. he said, if you come into sunday's community and stick your nose into their business, don't be surprised it gets cut off all stop and he paused a moment and said, you know, they deserved it. 40 years later, he he is condoning murder to protect their way of life. and the whole society protected a way of life that resulted in murders. not just of these three men, but of hundreds of people.

and it was a police state -condoned. , the status of voting rights in america today and given this anniversary and these murders helped propel the passage of the voting rights act in 1965? >> where seen the greatest restriction of voting rights since reconstruction. voting rights as an issue just like it was in 1964 1965, still very relevant today. since the 2010 election, 22 states have passed new voting restrictions. things like strict voter id, cuts to early voting, restriction of same-day registration -- and like that. there is a great need now for the voting rights act, ironically, at the same time we are seen as question restrict voting rights, the supreme court has taken a totally different view that divided -- voting rights act is not needed in the wait was needed in 1965. there is something of an irony.

justice ginsburg in her dissent was like an five umbrella and you don't take away the umbrella when it is not raining. the irony is, it was pouring. there were so much voting rights discrimination at the time the supreme court took away that decision. now voting rights advocates are trying to protect voting rights without that crucial protection from the supreme court. >> jerry mitchell, do you feel mississippi is different today? you have been investigating these crimes for years, but you're also attending these voting rights and freedom summer gatherings that are taking place in mississippi. >> right. lot.ssippi has changed a 6% ofrs ago, there were african-americans were even allowed to vote in mississippi. today, mississippi has more african-american elected officials than any other state. this is city has come a long

ways, but we also have to be honest and say it has a long ways to go. david, as you come up for mississippi back to new york and new jersey where you live, to you feel progress has been made after the deaths of your brother and so many others? >> i think mississippi represents the rest of the country. there has been a lot of progress made all around the country. the issues now are more subtle. a different mold of restriction. i look at the intent when people do something will stop the people who murdered my brother committed the worst crime, but they also assassinated the constitution. that is how i felt about it. whether you're a democrat or republican, and both parties have done it, you're assassinating the constitution. much for to thank u so being with us. that does it for our show. democracy now! is looking for feedback from people who

appreciate the closed captioning. e-mail your comments to outreach@democracynow.org or mail them to democracy now! p.o. box 693 new york, new york 10013. [captioning made possible by democracy now!]

greg the group started like a dj kind of band or group.