Feb 24 2010

“The Immediate Relief of Suffering”

In addition to HSUS's Articles of Incorporation, I've managed (with some help) to get my hands on a copy of HSUS's official bylaws.

This copy was published in October 2004. It may not be the current version, but I haven't seen anything more recent than this document. (If you have, please let me know about it.)

I've read through this a few times, and one phrase caught my eye: "The Immediate Relief of Suffering."

Let's talk about that important language. This is a long discussion, so please bear with me.

Here's the section I'm talking about. It's the section called "Article IX—Use of Funds." Particularly the section's very first sentence:

All available funds of the Society shall be used for the immediate relief of suffering and the vigorous prosecution of humane education except as otherwise provided by law or the specific terms of a gift or mandate of a donor. (emphasis added)

See page 9 of the PDF if you want to read more. For what it's worth, I have a very faded copy of HSUS's earlier bylaws, dated 1994. And this same language is in there as well.

Now I have no way of knowing how many of HSUS's donors have specifically directed the group to spend their money on, say, long-term undercover investigations of livestock ranchers and meatpackers. But if HSUS ever got such a gift, I have a feeling they'd publicize the living heck out of it. I mean, Yellow Tail wine gave 'em $100,000 and they got their own web page to boast about how great they were.

I'm thinking specifically about HSUS's undercover investigation of the Hallmark/Westland meatpacking plant in San Bernardino County, California. An HSUS operative started secretly rolling video there in October 2007. But it wasn't until January 30, 2008 that HSUS published selected video clips online and gave the story to The Washington Post, signaling its first attempt to actually intervene and stop the abuse of animals that was going on in that facility.

What in the name of Cleveland Amory was "immediate" about that? Seriously.

Lots of people (including the Center for Consumer Freedom) asked the obvious question: Why did HSUS sit on that video for three months while the systematic abuse of cows was going on at Hallmark/Westland? Shouldn't the group have told its undercover mole to "immediately" complain to the plant manager (if not the U.S. Department of Agriculture) the very day after he first witnessed a forklift pushing a "downer" cow to slaughter?

In sworn testimony before Congress on February 26, 2008, HSUS’s Dr. Michael Greger blamed the delay (at least three times) on the San Bernardino County District Attorney’s office. Greger claimed that “they told us to wait on any kind of public release of this information.”

Two days later, I called the DA’s office. When Assistant District Attorney Dennis Christy got on the line, I read him Greger's quote. This is what Christy told me:

I can say unequivocally that we never suggested [that] in any way – in fact, we encouraged the HSUS to cooperate with, provide information to the U.S. Department of Agriculture … [and] we had some difficulty in preparing criminal charges, because of delays in setting up any interview with the Humane Society investigator at which USDA officers would be present.

Christy then explained to me that he had asked HSUS's lawyers to let their investigator sit down with the DA's office and someone from USDA, so all the facts could be laid out on the table. And HSUS flatly refused, as long as the USDA was also invited.

Here's my opinion. This is what I think happened. Feel free to quibble or flatly disagree.

  1. Wayne Pacelle or Paul Shapiro sent someone into a California slaughterhouse in the hope of finding something eye-popping that HSUS could use during the 2008 election season. (Remember Proposition 2?)
  2. Much to everyone's surprise, the undercover mole hit the jackpot in his first week or two on the job.
  3. This created a problem, since a news story in October 2007 wouldn't do HSUS any good: They needed the issue to hit the newspapers after the New Year, when they were starting to collect signatures and raise money.
  4. Someone in the HSUS executive suite made the decision to keep the investigator "in the field" for weeks and weeks, and then to throw up roadblocks so the USDA couldn't intervene on its own and actually fix the problem. (HSUS needed the clock to keep running.)
  5. Once the Proposition 2 campaign machine was ready to go, HSUS decided to publish the video on its website and let The Washington Post run with the story—more than three months after its investigator first witnessed criminal animal cruelty going on. (Why the Post and not a California paper? Because DC politicians and cable TV producers don't read the Riverside, CA Press-Enterprise.)
  6. When called to testify before Congress, Michael Greger either blindly said what his superiors told him to, or perjured himself

What was that about "the immediate relief of suffering" again?

The original founders of HSUS understood that it was important to intervene "immediately" when you see something horrible going on. But the group's current leadership appears more interested in raising money and building political power.

Why don't they just go ahead and rewrite Article IX? Here's a new opening:

All available funds of the Society shall be used for self-promoting, propagandizing, pension funds, and national advertising that is suggestive of genuine pet-sheltering organizations. Actual suffering may be dealt with as fundraising goals and desired political outcomes dictate.

Too much? You tell me.

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Posted on 02/24/2010 at 08:10 AM by the HumaneWatch Team
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Comments

I have to say, this is a shame, a real shame.  I think if people knew their donations were going to pension funds, they would be a little unhappy.  I am a rescuer, in the field and I don’t even get a paycheck, let alone a pension…

Posted by Elaine on 02/24 at 04:53 PM

I’m new to your site and am not clear about your official ‘stance’ in general. If a meat packing plant is grinding up diseased cattle, and passing them along into the food chain, I DO want to know about it. Why would you be against an undercover sting like that? Ask any undercover cop if they ‘immediately’ arrest the first guy they see smoking crack. Of course they don’t, they gather more evidence and build a stronger case. duh.

Posted by Steve on 02/24 at 11:04 PM

Steve—

That’s a fair question. It’s the U.S. Department of Agriculture’s job to sleuth this stuff out, and they clearly fell down on the job.

That said, if an animal rights group wants to sneak into a private business under false pretenses to document the treatment of animals, I believe they have an obligation to speak up immediately if they find something horrible. I’m not so much quibbling with the fact that they were there in the first place, but with the fact that they failed to follow their own bylaws by not acting “immediately.” 

HSUS’s decision—and it was their decision alone—to sit on the video for months meant that the product from that facility kept entering the U.S. food chain even though HSUS could have stopped it. They bear full responsibility for any consequences of that decision.

I hope that clears up my personal position on the matter.

Posted by David on 02/24 at 11:08 PM

It’s interesting that you don’t mention that this undercover investigation eventually led to a very successful legal case that helped end the abusive practices.

As your first poster said: “Ask any undercover cop if they ‘immediately’ arrest the first guy they see smoking crack. Of course they don’t, they gather more evidence and build a stronger case. duh.”

But because they are an “animal rights” organization, they aren’t allowed to use intelligent tactics? They have to immediately pounce on everything they see? What good would that have done? What would have been accomplished? Much less than what actually was accomplished through good strategic planning. Your whole point is based on one word in a copy of the by-laws. Your argument amounts to this “They should have been slaves to the language of their documents, and not actually taken the smartest tactics to end the most amount of suffering possible! It wasn’t immediate! It wasn’t immediate! How can they not have done something immediately! They are liars and scam artists because it wasn’t immediate!”

Now, i have no problem with fair criticism. Even as an HSUS supporter, I think the things you publish about their fundraising expenses and their overhead costs, are extremely fair, and deserve to be known. And I think HSUS can do a much better job than that C- grade. But when you jump down their throats because of ridiculous squabbles over language, when as someone who obviously has a reasonable capacity for intelligence, it should be obvious to you that they made some decisions to sacrifice short-term gains for bigger long-term gains, you just look like an angry nutcase.

Posted by Michael Schocket on 02/25 at 04:15 PM

Michael—Good police detectives weigh the value of watching more crimes occur against the preventable impact of those crimes. I’m not buying for a second the idea that they learned more in the third month about what was going on than what they already knew in the first week. It’s just not realistic. This was a stonewall operation for a political and media result. Plain and simple.

Posted by David on 02/25 at 04:22 PM

David—good investigators and good attorneys weigh the value of collecting more evidence for a winning case against the preventable impact of current activities. There’s nothing really fancy going on here, let alone shady ulterior motives. It’s a simple decision of overall utility. Some temporary negatives had to be endured to secure a larger longer lasting positive. People have been making decisions like this since the beginning of rational thought.

Persons that have to deal with scrutiny of their evidence and conclusions by say, a judge, have to deal with things like substantiating evidence, documenting patterns of activity, and demonstrating that supervisors both know of and attempt to cover up employee abuses, etc.

You know, build a case. On the off chance that marching into Federal court with two days of evidence might not have worked.

As it happens, HSUS did an excellent job of building a case; the abuse stopped, suffering was alleviated, school children aren’t being fed potentially contaminated beef from sick, dying and otherwise nonambulatory animals, and the company had to make financial restitution on the government contracts for using that meat in the first place.

I highly doubt you disapprove of any of those outcomes. But then, I suppose eating beef from sick, dying, and contaminated animals is a “consumer freedom”?

Either way, it surprises me that you didn’t see fit to report the eventual outcome of the case to your readers. So that they know how much good work for both animals and school-children HSUS accomplished via this investigation. I guess that would detract from the overall strategy here - launch surface level attacks on personal and organizational reputations, to avoid meaningful discussion of actual issues.

Posted by Michael on 02/28 at 08:50 PM

OK, Michael. I’ll play devil’s advocate with you. I see that you’re a vegan (judging from your Craigslist “roommate wanted” ads). So I’m assuming your “larger longer lasting positive” isn’t an improvement in the safety of eating beef—it’s an improvement in the ability of PETA and HSUS to scare Americans away from eating beef.

That said, I’ll make another assumption. Tell me if I’m wrong. I’ll assume for the sake of argument that you’re a vegan on the grounds that animals are people too, etc. Right?

If so, I think I’m entitled to draw a parallel with an imaginary case of a detective. Let’s say he witnesses a man raping a woman. Repeatedly. And then he witnesses the man raping another woman. And another. And another. And that’s just two days’ worth of surveillance.

In what universe would it be ethically right to keep passively monitoring this man, keeping the information to yourself, and gathering evidence over several months while an endless parade of women suffered needlessly?

If cows are people too, you need to answer this question.

I don’t buy your ends-justify-the-means argument regarding HSUS’s failure to act appropriately. The only reason I can think of for HSUS to wait as long as it did is that it was more interested in the PR and political fallout than in alleviating those animals’ suffering.

Furthermore, your canard about school lunches is just that. No one (other than HSUS) has claimed that the meat shipped from that slaughter facility to the USDA school lunch program put anyone’s health at risk. Of course, this reality didn’t stop HSUS from phone-banking the bad news and scaring the bejeezus out of one school district after another.

I’ve discussed this with the District Attorney in San Bernardino County, senior USDA officials, and more than a dozen school members in 10 U.S. counties who had to panic parents for no good reason.

Here’s what I learned: There’s zero evidence that any of the meat was “contaminated,” zero evidence that it made anyone sick, and zero evidence that the company paid a fine. (It quickly went bankrupt before the government could collect any.)

That’s “the eventual outcome of this case.” Nothing more. HSUS got some good press and raised a lot of money. A few horrible people (out of tens of thousands in this industry) went to prison—an outcome that could have easily been achieved (yes…) with a few day’s worth of video surveillance. Cows were needlessly subjected to abuse during the months in which HSUS got its strategy together and waited for the right political moment to go public. HSUS purposely stonewalled the USDA (the agency whose job it is to police these things), lest someone fix the problem before HSUS could take credit for uncovering it. No child in any school was made sick. And when the U.S. Congress asked HSUS’s Dr. Michael Greger why his group waited so long, he didn’t tell the truth.

These are the facts. Don’t suggest otherwise unless you have evidence.

Posted by David on 02/28 at 10:28 PM

The critics of this article seem to think the goal of the undercover investigation was to put people in jail or subject them to fines.  If that was the goal, then building a court case is an important thing.  I would imagine that the real goal of HSUS would be to prevent the mistreatment of the cows, though.  Even if no one were to go to jail, the presence of a USDA inspector would prevent some of those abuses.  If the USDA refused to intervene without stronger evidence, the investigation would need to continue.  I don’t think HSUS is disputing their failure to contact the USDA.

It takes some reaching to connect that behavior to Prop 2, but what else could the reason be for delaying (if you don’t buy the evidence-building claim, as I don’t)?  If the place was bad enough to be shut down, I think there were more than 2 or 3 instances of abuse over that 3 month period.  Consistent, daily abuses should provide enough evidence in a week.  If you don’t have enough evidence after a month, I can’t believe the place is that bad.

It is more likely HSUS wants to use that evidence as evidence against the industry, in order to change public opinion (if they’re doing some minor bad things, now, we might be able to catch them doing one really bad thing that we can put into a montage video later).  I don’t like ulterior motives and there is too much evidence of HSUS having them to take anything they say/print/do at face value.

Posted by lunar on 03/09 at 05:00 PM

Where can i find a recorded phone call of some one calling hsus or lca or any other animal rights orginization to complain about animal abuse?  i need this so that i can present to my class how simple it is to call if they witness animal abuse or know of unsanitary conditions involving animals.

Posted by John Johnson on 07/03 at 07:21 AM

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