Category: Civil Rights

Indiana Winger Judges Repeal Magna Carta

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Yes, the foundation of British civil rights, and by extension of the United States, has been ruled invalid by the Indiana state Supreme Court, who have upended the 900 year old precedent, and ruled that police have the right to Illegally enter your home:

Overturning a common law dating back to the English Magna Carta of 1215, the Indiana Supreme Court ruled Thursday that Hoosiers have no right to resist unlawful police entry into their homes.

In a 3-2 decision, Justice Steven David writing for the court said if a police officer wants to enter a home for any reason or no reason at all, a homeowner cannot do anything to block the officer’s entry.

Why? Because the cop is always right:

“We believe … a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence,” David said. “We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest.”

It appears that these wankers never read the part of the Constitution that says, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

So, a medieval peasant, living under King Edward I (Longshanks) in Coventry in 1300 has more civil rights than an American living in Indiannapolis.

I’m thinking that these guys got their law degree from either a Cracker Jack box, or from the Christian Broadcast Network University (now called Regency University).

At Least This Wasn’t the Obama Administration’s Coverup

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In this case, it’s big Ag (We’re Beatrice), who have been leaning on their running dog lackeys in state legislators to pass laws to make the taking of photographs, videos, and recordings of farms illegal:

So, proposed legislation in three states – Iowa, Minnesota and Florida – that would criminalize the filming, photography or audio recording of farms (the general assumption seems to be that the bills are meant to protect CAFOs – concentrated animal feeding operations, also referred to as factory farms – but could apply to any farm of any nature) raised a major red flag to me, and to others who follow and write about such issues. People you’d expect to raise a protest, like Humane Society’s Wayne Pacelle and Animal Welfare Approved director Andrew Guenther have done so, but mainstream media, especially the New York Times, has also done a great job, with this pointed op-ed and Mark Bittman’s excellent “Who Protects the Animals?” (in which he coins the phrase “ag-gag”).

I guess that I shouldn’t be surprised, considering the popularity of veggie libel laws, but the pure venality and hypocrisy here just boggles my mind.

I would hope that the courts declare this unconstitutional before the ink is dry, because it is banning the practice of journalism.

What a Pathetic Excuse for an Advocacy Group

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I was watching Maddow, and she had Terry O’Neill, the President of NOW on to discuss the spate of anti-abortion laws coming out of the wingnut legislatures, and O’Neill basically said that she would not challenge these laws, despite their being illegal under existing precedent, because they are afraid that the currents supreme court will simply overrule Roe V. Wade.

So, because victory is not certain, she, and her organization, will win a court challenge, they have decided not to fight for abortion rights at all.

Conceding defeat is not an alternative to losing.  If you never contest the issue, you lose.

In conceding the battle in this way, not only do you allow states to criminalize abortions, but you prevent any meaningful political dialogue from anyone but the women hating nut jobs.

They are conceding defeat in the face of a possible defeat, and anyone who sends them money is an idiot.

When Your Old Constitutional Law Professor Calls You Out…

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And you are President of the United States of America, you have really f%$#ed up:

More than 250 of America’s most eminent legal scholars have signed a letter protesting against the treatment in military prison of the alleged WikiLeaks source Bradley Manning, contesting that his “degrading and inhumane conditions” are illegal, unconstitutional and could even amount to torture.

The list of signatories includes Laurence Tribe, a Harvard professor who is considered to be America’s foremost liberal authority on constitutional law. He taught constitutional law to Barack Obama and was a key backer of his 2008 presidential campaign.

Tribe joined the Obama administration last year as a legal adviser in the justice department, a post he held until three months ago.

He told the Guardian he signed the letter because Manning appeared to have been treated in a way that “is not only shameful but unconstitutional” as he awaits court martial in Quantico marine base in Virginia.

I don’t think that Barack Obama understands just how profoundly repulsive his staunchest supporters find his support for torture to be.

I don’t think that Obama wants to be a torturer, but he is constitutionally* unable to challenge his subordinates who are, which does not bode well in budget negotiations with the Republicans.

*Pun not intended.

The Ongoing Libyan Clusterf%$#

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First, it appears that since the US has dropped its lead position, NATO does not have enough attack aircraft, and now the British are talking about sending in trainers and advisers to help the rebels:

Britain is to urge Arab countries to train the disorganised Libyan rebels, and so strengthen their position on the battlefield before negotiations on a ceasefire, senior British defence sources have indicated.

The sources said they were also looking at hiring private security companies, some of which draw on former SAS members, to aid the rebels. These private soldiers could be paid by Arab countries to train the unstructured rebel army.

So, we are talking about a major escalation of involvement, one, by the way, which is not called for in the UN Security Council resolution, including the use of mercenaries.

This is not going to end well.

And He is Calling His Base C#$% Suckers

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On the day that Barack Obama decides to formally announce his candidacy for President, he decided to kick his base in the teeth by dropping real trials for terrorism defendants, and going with the Guantanamo kangaroo courts:

The Obama administration, ending more than a year of indecision with a major policy reversal, will prosecute Khalid Shaikh Mohammed and four other people accused of plotting the Sept. 11 terrorist attacks before a military commission and not a civilian court, as it once planned.

Attorney General Eric H. Holder Jr. announced on Monday that he has cleared military prosecutors at Guantánamo Bay, Cuba, to file war-crimes charges against the five detainees in the Sept. 11 case.

Mr. Holder had decided in November 2009 to move the case to a federal civilian courtroom in New York City, but the White House abandoned that plan amid a political backlash.

The shift was foreshadowed by stiffening Congressional resistance to bringing Guantánamo detainees into the United States, and by other recent steps clearing the way for new tribunal trials.

Expect more of this.  Barack Obama thinks that doing the wrong thing just to piss off your base and pandering to your enemies* is somehow “grown up” behavior.

It’s going to be a long f%$#ing campaign.

*They aren’t his opponents, they are his enemies, and his treatment of them as principles opposition is stupid.

A Win on Civil Rights

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The Second Circuit Court of Appeals has ruled that a consortium of groups including the ACLU have legal standing to sue over the expansion in wiretapping powers passed in 2008.

The Circuit Court had ruled that unless a plaintiff could prove that they had been secretly wiretapped, they had no standing to sue, and the court has said that they do have standing.  It made no ruling on the merits:

A district judge in Manhattan had thrown out the lawsuit because he said that the plaintiffs failed to demonstrate they were actually spied upon and did not have legal standing to sue. But the Second Circuit Court of Appeals disagreed, allowing the lawsuit on Monday to move forward.

It found that the groups challenging the wiretapping law, including lawyers and journalists communicating with people overseas who might fall under terrorism investigations, had a reasonable fear that their international calls and e-mails would be monitored by the government.

The district court set up a lovely “Catch-22”. You could not challenge the law unless you had proof that you were wiretapped, but the wiretaps are secret, so you couldn’t sue, and so could not use the courts to prove that you were wiretapped.

I expect the Obama administration to use everything but the kitchen sink to stop this suit, but sovereign immunity will be their first bite at the apple.

Is Bradley Manning in Quantico, or Abu Ghraib?

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Representative Dennis Kucinich is asking this question, and considering the extended isolation, the enforced nudity, etc. He’s right.

What is particularly telling is the fact that he has asked to speak to Manning, and it’s being deliberately slow walked.

That being said, Kucinich is being far to circumspect in his statement. It is clear that this behavior has been authorized at the very highest levels, and Barack Obama needs to be named, and shamed, over this.

And A Maryland Democrat Joins the Ranks of the Morally Repugnant

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And here he is tweeting his support a month ago

When Maryland Delegate Sam Aora (D-Silver Spring) ran for office, he said that he supported gay marriage.

He’s one of the cosponsors for the bill that provides for recognition of Gay marriage in Maryland.

Well, now that it’s passed the state Senate, and looks like it is going to pass , he says that he is going to vote against it.

This isn’t just about a politician lying. This is about a politician making the issue the core of his campaign, and then betraying the people who supported him because of it.

It was at the core of his campaign.

He campaigned on in, and raised money on it.

Unsurprisingly, there is now a drum beat of people who are asking for their campaign contributions back, particularly since it looks like his vote will kill the bill.

This guy might be the biggest slime ball in Maryland, and that says a lot!

Signs of the Apocalypse

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Fire and brimstone coming down from the skies! Rivers and seas boiling!
Forty years of darkness! Earthquakes, volcanoes…
The dead rising from the grave!
Human sacrifice, dogs and cats living together… mass hysteria!

The man who pursued William Jefferson Clinton’s penis from Arkansas to the District of Columbia, Richard Mellon Scaife, has lambasted Republicans on their attempts to completely defund family planning:

The Republican-led U.S. House of Representatives — urged on by conservatives opposed to abortion — has voted to defund Planned Parenthood. On this issue, Republicans and conservatives are dead wrong.

My grandmother was a friend and a supporter of Margaret Sanger, one of America’s earliest, most effective advocates of birth control.

I met Sanger several times before her death in 1966 and was impressed by her intellect and her commitment to many issues, not the least of which was enabling every woman to be “the absolute mistress of her own body,” as she put it.

I didn’t agree with everything the formidable Mrs. Sanger espoused. Yet I respected her dedication to making health-care and birth-control services available to all Americans, especially to those with low incomes, no insurance and no other recourse to medical services.

When you have gotten too combative for rabid right wing Pit Bull for Dick Scaife, you have seriously gone off the rails.

AT&T Has No Right to Privacy

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In a unanimous decision, the Supreme Court decided that corporations do not have a right to personal privacy under the Freedom of Information Act statute.

It was not even close.  It was unanimous, and there wasn’t even a separate concurring opinion.

The facts are clear:  AT&T cheated the government when it was wiring up schools and libraries, got caught, and paid a fine.

What happened next was that its competitors made FOIA requests to find out exactly what they did, and AT&T claimed that this would constitute an unwarranted intrusion of the corporation’s personal privacy which might “embarrass” it, which some some federal appellate judge who did too much LDS in the 60s actually bought that crap.

In reviewing the opinion, written by John Roberts (see here)what is exceedinbly clear is that John Roberts thought that this was an opportunity to sound “arch” or “witty”:

We disagree. Adjectives typically reflect the meaning of corresponding nouns, but not always. Sometimes they acquire distinct meanings of their own. The noun “crab” refers variously to a crustacean and a type of apple, while the related adjective “crabbed” can refer to handwriting that is “difficult to read,” Webster’s Third New International Dictionary 527 (2002); “corny” can mean “using familiar and stereotyped formulas believed to appeal to the unsophisticated,” id., at 509, which has little to do with “corn,” id., at 507 (“the seeds of any of the cereal grasses used for food”); and while “crank” is “a part of an axis bent at right angles,” “cranky” can mean “given to fretful fussiness,” id., at 530.

Maybe it’s just me, but he sounds neither “arch” nor “witty”, but rather like an 8th grade student who thinks that he is far more clever than he actually is.

It was a good decision, but Roberts’ opinion is just plain lame.

The Football is Pulled Away Again…

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Who knew that Lucy Van Pelt was an 82 Year Old Egyptian President?

In a move that stunned observers, Egyptian President Hosni Mubarak refused to step down, and instead delegated his powers to his VP, Omar Suleiman, who is also doing duty of the state intelligence services, which, unsurprisingly, does not bode well for the prospects of democratic reform.

Note here that he did not “transfer” his authority, he “delegated” it, which means that he can take the powers back whenever he wants:

President Hosni Mubarak told the Egyptian people on Thursday that he would delegate authority to Vice President Omar Suleiman but that he would not resign, enraging hundreds of thousands gathered to hail his departure and setting in motion a volatile new stage in the three-week uprising.

The declaration by Mr. Mubarak that he would remain president appeared to signal a dangerous escalation in one of the largest popular revolts in Egypt’s history, and some protesters warned that weeks of peaceful rallies might give way to violence as early as Friday.

The 17-minute speech itself underlined a seemingly unbridgeable gap between ruler and ruled in Egypt: Mr. Mubarak, in paternalistic tones, talked in great detail about changes he planned to make to Egypt’s autocratic Constitution, while crowds in Tahrir Square, with bewilderment and anger, demanded that he step down.

Mr. Mubarak seemed oblivious. “It’s not about me,” he said in his address. When he was done, crowds in Cairo waved the bottoms of their shoes in the air, a gesture intended to convey disgust, and shouted, “Leave! Leave!”

This is not going to end well.

Republican Fail

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I’m not sure how it happened, but the Republicans in the house failed to pass an extension of some of the more contemptible parts of the Patriot Act:

Too clever by half, the House GOP leadership allowed only 40 minutes of debate on the extension of the PATRIOT Act today, and brought the bill up for a vote under a rule allowing no amendments and requiring two-thirds of the body to vote YES.

Well, that didn’t happen. Apparently, the Tea Party Congresscritters discovered their love for the constitution, Amendments One and Four inclusive, while taking the opportunity to stand up to their leadership’s lackadaisical attitude toward the Act’s extension.

I believe that the Republican House leadership may have a much deeper appreciation of just the deeper meaning of the exclamation that Dan Castellaneta created as the voice of Homer Simpson.

Heh.

Because We Want to Be Just Like Hosni Mubarak’s Egypt

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Susan Collins and Joseph “The Human Stain” Lieberman, want there to be kill switch for the Internet in the United States that can be invoked at will without judicial review:

A controversial bill handing President Obama power over privately owned computer systems during a “national cyberemergency,” and prohibiting any review by the court system, will return this year.

Internet companies should not be alarmed by the legislation, first introduced last summer by Sens. Joseph Lieberman (I-Conn.) and Susan Collins (R-Maine), a Senate aide said last week. Lieberman, an independent who caucuses with Democrats, is chairman of the Senate Homeland Security and Governmental Affairs Committee.

“We’re not trying to mandate any requirements for the entire Internet, the entire Internet backbone,” said Brandon Milhorn, Republican staff director and counsel for the committee.

…………

The revised version includes new language saying that the federal government’s designation of vital Internet or other computer systems “shall not be subject to judicial review.” Another addition expanded the definition of critical infrastructure to include “provider of information technology,” and a third authorized the submission of “classified” reports on security vulnerabilities.

The idea of creating what some critics have called an Internet “kill switch” that the president could flip in an emergency is not exactly new.

Just imagine Dick Cheney’s finger on the button.

“Not subject to judicial review,” that’s a wet dream for the former VP.

Egypt Is Heading ……… Somewhere

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The protests have gotten big enough that the professional, and pampered, state security forces, have run out of resources, and the military has been sent in, but the military is taking a remarkably hands off stance regarding the protesters.

What is going on is that the police, and other civilian state security forces are volunteer, and favored by the current regime, and are invested in it, while the military is largely conscript, all Egyptian males serve, and so they aren’t invested in their position in the current regime.

It’s a pretty good reason to support a return to the draft in the good old USA, if you ask me.

In any case, the opposition has started to become more organized, and has decided on Nobel laureate Mohamed ElBaradei will head whatever negotiations with the Mubarak government.

Note that this has occurred despite the fact that the regime managed to almost completely shut off Internet access for the country, or maybe it was because the Egyptians are upset about being unable to watch Justin Beiber videos on Youtube, but somehow I think that the Egyptians taking to the street are a bit less shallow than that.

Big Surprise, the New Black Panther “Voter Intimidation” Was a Manufactured News Event

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Listen to GOP Lawyers Manipulating the Video at the Time

What a surprise. One of the things that had the right wing echo chamber, and George W. Bush’s corrupted Civil Rights Commission, the allegation that the New Black Panthers were somehow a part of of a Democratic voter intimidation scheme (in the blackest part of Philadelphia?).

Well it’s all a fraud, and it has been literally since day 1:

In the extended version of the footage, posted by the U.S. Commission on Civil Rights this month, a police officer tells Morse to back off. That’s when the commotion begins.

The video shows someone off-screen to Morse’s left, telling the officer “I got him, I got him.” A man who appears to be Chris Hill, a Republican poll watcher who was accused of intimidating voters at the polls by another woman at the location, says “Put it down. You’ve got enough.”

Then Bartle Bull chimes in. “Don’t you threaten him with your hands. You’re threatening him. Don’t you use your hands!”

………

The video shows that the white Republican poll watchers who showed up to the majority African-American precinct knew exactly what kind of media sensation they had on their hands.

“We’re on the same team,” says another Republican poll watcher off screen.

“You’re f%$#ing up the story. Don’t f%$# up the story,” one unidentified poll watcher tells Morse.

“You guys are lawyers, I’m a videographer,” Morse says.

Morse told TPM in an e-mail that he doesn’t think it was Hill who was intimidating him, but says someone was.

“A couple of guys wearing SUITS were were actually intimidating ME at this point,” Morse told TPM in an e-mail. “It was certainly not Mr. Hill who told me to put the camera down. It was one or two GOP lawyers, whose names I never got and I never saw again.”

“I remember a crowd of maybe 10 lawyers (or seemingly lawyers, suits I should say, since Bull isn’t a lawyer) standing around — in the original (more famous) video — one lawyer makes it into one of the shots, but im pretty sure it was another guy — not the bald guy in the shot — who was being a dick to me,” Morse told TPM in an e-mail. “At least one person was being a dick, and I was quite angry at this point when they were telling me to shut the camera — hence the expletive (which i make no apologies for using!).”

(%$# mine)

They didn’t just edit the tape, they manipulated the taping on site at time.

The ‘Phant lawyers were attempting to edit the event in real time. 

It makes reality difficult to determine, but I always fall back on what work when the USSR was at its zenith: If they accuse you of some sort of skulduggery, it is safe to assume that this is what they are doing themselves.

How Politics Are Supposed to Work

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Here’s something that I didn’t know, that Palm Springs, California, is the gayest city per capita in the United States.

So, when the homophobic police chief and DA decided to run entrap run a sting operation to harass gays, they both get forced out:

The June 2009 gay sex sting netted 19 public indecent exposure arrests, and disbelief and outrage have festered in this desert haven ever since.
This is Palm Springs, “the gayest city in America,” a gay tourist destination governed by an openly gay mayor and home to the sexually charged White Party, a dance and music festival that attracts tens of thousands of gay men every year.
………
The controversy reached a boil last June with the revelation that an officer involved in the sting was taped uttering a gay slur. It grew venomous in December when Police Chief David Dominguez, who had disciplined the officer, acknowledged that he too had made an “inappropriate comment” — also caught on tape.
………
It wasn’t enough. Dominguez abruptly announced his retirement last week.
………
Former Riverside County Dist. Atty. Rod Pacheco’s hard-line prosecution of the Warm Sands cases, which have yet to go to trial, rallied many in the Palm Springs gay community to pour money into his challenger’s campaign in the June election. Pacheco lost to Superior Court Judge Paul Zellerbach by 8,400 votes.

“I was told that on election night he was cursing my name,” [counsel of many of defendants, Robert] Tansey said.

It should noted that the police and DA claimed that there were extensive complaints, but they have been unable or unwilling to turn over that information to defense attorneys.

Palm Springs has been in decline for decades, with its recent status as a gay vacation destination being the only thing that is not turning it into Inland Empire, but the police, and the Republican (I Wikied it) DA decided that it was time for some gay bashing, and they discovered that the LGBT community has learned to vote.

Yes, What is Going On in Egypt is a Big Deal

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Received via email

This could just kind of fizzle out, like 1848 did in Europe, but this is a rather graphic illustration of the breadth and scope of the protests.

Note that there are a number of factors that make this much more significant than Tunisia:

  • Unlike Tunisia, the population is almost exclusively, and strongly Arab (Tunisia has significant Berber influences).
  • Egypt has the largest population of any Arab nation in the world, having almost 30% of the world’s Arab population.
  • It has been a center of Arab nationalism and Islamic thought for hundreds of years.

Even in the best case, I don’t imagine that this will result  in the spontaneous creation of a modern democracy with civil rights, but I do think that any changes would be an improvement over the current corrupt and brutal status quo.

This is More Typical of the Soviet Gulag Era, not the United States

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Alleged Wikileaks source Bradley Manning has only one civilian non-lawyer visitor, David House, and he and Jane “Firedog Lake” Hamsher, who is generally his ride to the brig in Quantico, were detained, and her car was towed.

According to House’s and Hamsher’s reports, the guards said that the orders came from the top, and they were made to stand outside for an extended period in sub-freezing weather.

Seriously, one can assume, based on his background, that Barack “The worst constitutional law professor ever” Obama should know better, but it appears that he just does not care.

If you are an American citizen, you are more at risk of indefinite non-judicial detention or assassination then you ever were under George W. Bush.