National TPP Team Conference Call November 3, 2013 4:30-5:45 p.m.

1. National TPP Team Conference CallNovember 3, 20134:30-5:45 p.m.

2. WELCOME!Elizabeth WarrenNational TPP Team Coordinator MoveOn Regional Organizer -Call structure and norms -Meeting room functions -Post call details; follow up

3. Your meeting host team:Liz Amsden, MoveOn Council Organizer, Los Angeles National TPP Team Co-OrganizerTom Hocking – ON VACATION MoveOn Regional Organizer, PA National TPP Team Data Manager Mara Cohen, MoveOn Regional Organizer, IL National TPP Team Chat Manager

4. Jan SwartzendruberMoveOn Regional Organizer, KS Post-meeting reportSend info & links to: janinkansas@cox.net

5. Reports from the Field:Share your successes! Meetings with Congress, rallies and teach-ins. -Push *6 on your phone to enter the stack and we will call on the first 3 to respond.You will have 2 minutes. -If we miss calling on you, email us your reports by Monday at 5 p.m. EDT, in one paragraph or less, and we’ll include them in the meeting notes! Send them to:janInKansas@cox.net

6. -Click on PDA's interactive state map for information on your member of Congress:http://www.pdamerica.org/tpp Andrea Miller, PDA Deputy Field Director Fast Track Thunderclap PDA and MoveOn Fast Track Campaign

8. Dr. Margaret Flowers Popular Resistance/Flush the TPP -Flush the TPP in the News: Events, actions and articles-News on Trade Negotiations:Global Day of Solidarity: December 3 Round 20 of TPP talks: December 7-9www.flushthetpp.org

9. Sample Letter to Congress: http://www.flushthetpp.org/letter-to-congress-on-fast-track-and-the-tpp TPP Campaign Resources: #TPP Fast Track Fact Sheet: http://www.flushthetpp.org/fact-sheet-fast-track-trade-promotion-authority

10. Emilianne Slaydon • @TPP Media March • Twitter Storm Tutorials: • Schedule one for your group! • Upcoming Twitter Storms • www.facebook.com/TPPTuesdaysMarchOnMedia Click on PDA's interactive state map for information on your member of Congress: http://www.pdamerica.org/tpp

11. Celeste Drake Trade Policy Specialist AFL-CIO cdrake@aflcio.org Twitter: @cdrakefairtrade 202-637-5344

12. Adam Weissman - Global Justice for Animals and the Environment http://gjae.org/tpp -Trade Justice New York Metro http://tradejustice.net/tpp

13. Speaking out against TPP at the Rep. Swartz Rally

14. A little something from U.S. “Trade Adviser” Chevron

15. Nancy Price Co-Chair, Alliance for Democracywww.theallianceforDemocracyThe TPP is the third phase of free trade agreements with:*Docking Agreement*Regulatory Coherence Chapter*New provisions for investor rights

16. IMG_0082.JPG - Version 2 IMG_0082.JPG - Version 2 Ruth Caplan-Co-Chair: DC Public Banking Center-National Coordinator : Alliance for Democracy Defending Water for Life Campaign - Water, energy, trade and environmental activist-Appeared in the documentary “Tapped”-Author of the discussion guide for Sierra Club film “Thirst”-Awarded Sierra Club 2004 Special Service Award for work on corporate accountability, water privatization, and trade and energy policy-Author:Trading Away our Water: How Trade Agreements Promote Corporate Water Profiteering

17. TPP-FREE ZONE CAMPAIGN

18. CAMPAIGN LAUNCHED: • August 10 by Alliance for Democracy • Democracy Convention in Madison WI –TPP Panel • Anti-TPP rally on WI Capitol steps

19. Inspired by “MAI Free Zones” • Municipalities opposing the Multilateral Agreement on Investment (MAI) • MAI • negotiated in secret by OECD • text was leaked • first global campaign against corporate trade agreements • defeated in 1998

20. Lessons from MAI resistance • Western Governors Association, June 1997 • path breakingresolution adopted • used NAFTA & GATT implementing legislation as key reference point • state sovereign immunity protected • no lawsuits against states or state officials • states to be consulted re: • implementing trade agreements • defending against international challenges to state measures

21. Lessons from MAI resistance • Western Governors Association, June 1997 • Feds must maintain these state protections with MAI • not preempt state laws to comply with MAI • not recoup monetary damages from states for violating MAI rules Slide 5: Lessons from MAI resistance • Bottom Line: • Protect state sovereignty

22. : Lessons from MAI resistance • California Democratic Party - July 1998 • Resolution opposes MAI • “Therefore, Be It Resolved, the California Democratic Party goes on record in opposition to the Multilateral Agreement on Investment and urges all elected officials to oppose it; and

23. Lessons from MAI resistance • And calls for MAI Free Zones • “Be It Further Resolved, the California Democratic Party • supports the efforts of coalitions to persuade city councils • in California and across the country to adopt resolutions • declaring their cities MAI-free zones.

24. Lessons from MAI resistance • Texas Democratic Party Resolution - Nov. 1998 • Sees MAI as Threat to Democracy • “Whereas, the MAI constitutes a threat to our democratic form of government,…..”

25. Lessons from MAI resistance • Texas Democratic Party Resolution - Nov. 1998 • And demands negotiations be made democratic • “call off negotiations on the current draft of the MAI immediately….” • renegotiate MAI “with full participation of non-governmental organizations representing citizens' interests in the areas of human rights, labor, environment, small business, and public health, equal to the level of participation granted corporate lobbyists….”

26. Lessons from MAI resistance • National Association of Counties - July 1998 • Protect local government regulatory authority • “THEREFORE, BE IT RESOLVED that the National Association of Counties urges the Administration not to agree to any provisions in the MAI draft text or similar provision of any international agreement that would preempt local governments ability to regulate activities within its jurisdiction.” • Could use this language against the TPP!

27. Lessons from MAI resistance • Association of Washington Cities - June 1998 • Right of elected officials to act in best interests of their constituents • “The Association of Washington Cities supports the right of local elected officials to establish policies in the best interests of their constituents, and opposes the MAI to the extent that it violates this principal.”

28. Lessons from MAI resistance • American Library Association/Social Responsibilities Round Table - June 1998 • Adds concern that developing countries must be represented • Specific reference to intellectual freedom • “RESOLVED that the Social Responsibilities Round Table of the American Library Association declares its opposition to the continued negotiation of the MAI until such time as the negotiations are opened up to representation by developing countries and by non-governmental organizations dedicated to protecting intellectual freedom, environmental, labor and consumer interests:…”

29. Lessons from MAI resistance • Resolutions adopted by US municipalities • Berkeley CA City Council February 1998 • Opposes MAI • “NOW THEREFORE BE IT RESOLVED, that the City Berkeley opposes the Multilateral Agreement on Investment because it would eliminate Berkeley's right of oversight and local sovereignty; and • “BE IT FURTHER RESOLVED, that the City of Berkeley hereby urge its state and federally elected officials and lobbyists to not support the Multilateral Agreement on Investment.”

30. Lessons from MAI resistance • Resolutions adopted by US municipalities • San FranciscoCA Board of Supervisors April 1998 • Concerns include public procurement and local economic development • “urges its state and federally elected officials and lobbyists to actively protest any provision in the MAI draft text or similar provision of any international agreement that would restrict San Francisco's ability to: • regulate within its jurisdiction, • decide how to use its public procurement dollars, and • extend benefits to encourage local economic development in a manner consistent with the U.S. Constitution.”

31. Lessons from MAI resistance • Resolutions adopted by US municipalities • City of Boulder CO June 1998 • Opposes MAI • ”urges its state and federal elected officials to oppose the MAI because it would unacceptably limit Boulder's right of local oversight and sovereignty….”

32. Lessons from MAI resistance • Resolutions adopted by US municipalities • Similar resolutions • Olympia WA May 1998 • Metropolitan King County WA December1998 • Oakland CA December 1998

33. Lessons from MAI resistance • Resolutions adopted by US municipalities • Similar resolutions • Olympia WA May 1998 • Metropolitan King County WA December1998 • Oakland CA December 1998

34. Lessons from MAI resistance • Canadian Resolutions • Tecumseh, March 1998 - MAI Free Zone • “THEREFORE BE IT RESOLVED that the Corporation of the Town of Tecumseh urge the Government of Canada to end its participation in negotiations on the Multilateral Agreement on Investment; and further… • “That the Corporation of the Town of Tecumseh declare Tecumseh to be a "MAI-Free Zone;" and further…”

35. Lessons from MAI resistance • Canadian Resolutions • Federation of Canadian Municipalities March 1998 • Exempt Provincial/Local Jurisdictions • Voted to “petition the Prime Minister of Canada to have the chief negotiator for the Multilateral Agreement on Investment file a permanent and explicit exemption in the Agreement, limiting its application to areas of federal jurisdiction.

36. Lessons from MAI resistance • Canadian Resolutions • Vancouver • negotiations must cease • provinces & local jurisdictions must be exempted

37. Lessons from MAI resistance • Canadian Resolutions • Demand consultation • Toronto and 7 other municipalities demanded consultation • Echoed global demand for consultation

38. TPP Free Zones • Building a Democratic Movement of Resistance • Trade Agreements Create Global Corporate Constitution • Establish international law trampling local, state and national laws • Negotiated by corporations, not representatives of “we the people” • Substitute international trade tribunals for our Supreme Court

39. TPP Free Zones • Building a Democratic Movement of Resistance • What does this resistance really mean? • Taking on “settled law” • U.S. Supreme Court creates “settled law” through rulings giving corporations constitutional protections

40. TPP Free Zones • Building a Democratic Movement of Resistance • What does this resistance really mean? • Taking on “settled law” • Supreme Court decisions help ensure that Congress is bought lock, stock and barrel by the corporations and moneyed interests • Citizens United • McCutcheon v. Federal Election Commission

41. TPP Free Zones • Building a Democratic Movement of Resistance • What does this resistance really mean? • Taking on “settled law” • TPP & other trade agreements create “settled law” • Enforced by international trade tribunals • Autocratic “settled law” is reaching its tendrils deep into our communities and our lives

42. TPP Free Zones • Building a Democratic Movement of Resistance • What does this resistance really mean? • TPP Free Zones take on “settled law” • TPP Free Zones push back on this autocratic “settled law”

43. TPP Free Zones • Building Democratic Movement of Resistance • TPP Free Zones • Start right where we live • Send strong, clear message to Congress, President Obama, the USTR and the corporations sitting at the negotiating table • “If you, our unelected representatives, create this corporate-driven monstrosity and then go to Congress for a rubber stamp… • … WE WILL NOT OBEY.”

44. TPP Free Zones – Building a Movement of Resistance • Building Democratic Movement of Resistance • TPP Free Zones • But this is “settled law” !!! • Yes, and so was slavery and the denial of women the right to vote • both were Constitutional until they were not, because of a movement of resistance • So too, we must resist, not just beg Congress to vote against fast track and the

45. TPP Free Zones – Building a Movement of Resistance • Is there any precedent for resisting “settled law” • Yes! • Communities across US are passing “rights based laws” • assert right to local self-governance to protect community from corporate harms, • e.g. fracking, CAFO’s, water mining • deny corporations constitutional protections granted them by the US Supreme Court (“settled law”) • establish the right of nature to be protected as a flourishing ecosystem

46. TPP Free Zones – Building a Movement of Resistance • Progress so far – less than 3 months! • Anti-TPP resolutions passed • Dane County WI October 18th • Madison WI October 30 • Resolution in process • Berkeley CA

47. TPP Free Zones – Building a Movement of Resistance • Progress so far! Dane County • NOW, THEREFORE BE IT RESOLVED that the Dane County Board of Supervisors urges President Obama and US Trade Representative Michael Froman to respond to our demand that all text be made public and the TPP be re-written to promote the interests of workers, protect the environment and improve the quality of life in all participating countries. • BE IT FURTHER RESOLVED that the Dane County Board of Supervisors hereby declares that Dane County is a TPP-Free Zone. • BE IT FURTHER RESOLVED that if, despite the harm to our community and our nation, Congress approves the TPP, Dane County will take up an ordinance and all other necessary measures to enforce the TPP-Free Zone to the maximum extent allowed by law. We will not surrender our ability to act in the best interest of our residents, our workforce, and our local businesses and to protect our ecological systems on which all life is based.

48. TPP Free Zones – Building a Movement of Resistance • The Challenge: Create a body of law • Resolutions are an intermediate step • public education • very strong message to Congress that they will face increasing resistance if TPP is adopted • prepare local law makers to pass TPP Free Zones as a matter of law if TPP is adopted

49. TPP-Free Zone: Model Legislation • Whereas the Trans-Pacific Partnership (TPP) is being negotiated between the US and 12 or more Pacific Rim countries by the US Trade Representative in secret without any consultation with our local government either directly or through the National League of Cities or the US Conference of Mayors or the National Association of Counties; and • Whereas, the text is being drafted with transnational corporations which will benefit greatly from its rules; • Whereas, the TPP text has not been made available to the public or even to our local officials; • Whereas the TPP would have direct, potentially undesirable consequences for our municipality, its people, its local businesses, and its ecological systems on which all life depends; • Whereas the Investment Chapter of the TPP, which was leaked in 2012, would allow foreign corporations to sue the US and its states over any law or regulation violating TPP rules which could take away their “right” to future profits and therefore potentially rob our municipality of needed protections for our people, local businesses and environment; • Whereas TPP financial rules would prevent regulation of risky financial products such as “interest rate swaps” thereby threatening the financial stability of our government and more broadly the stability of our overall economy; • Whereas US, state and local food safety rules could be challenged by foreign corporations as “illegal trade barriers” if higher than standards in other TPP countries thus threatening the health of our residents;

50. Model Legislation, Part 2 Whereas the TPP would provide large pharmaceutical firms with new rights and powers to increase medicine prices and limit access to cheaper generic drugs which would impact our residents; Whereas the US would agree to waive “Buy American” or “Buy Local” requirements aimed at enhancing our local economy and creating local jobs; Whereas, we would have no right or ability to represent our interests before the foreign tribunals which would have the authority to hear cases brought by corporations under the TPP; and Whereas such rulings might require taxpayer compensation which could impact the financial health of our municipality and its residents; Therefore the City/Town Council of _______________ hereby declares as a matter of law that _______________ is a TPP-Free Zone where we will not recognize the secretly negotiated rules laid down without our consent nor any decisions by any secret tribunals which would in any way diminish our ability to act in the best interest of our residents and our local businesses and to protect our ecological systems on which all life is based. Further, we will convey our ordinance to our Congressional delegation, to President Obama and to US Trade Representative Michael Froman, with our demand that all text be made public and that all further negotiations cease. And finally, if despite the harm to our community and our nation, Congress approves the TPP, we will take all necessary measures to ensure that this ordinance is enforced.