Category: Corrections

How Convenient

No Comments

Is anyone surprised that, the guards on duty when Jeffrey Epstein committed suicide in prison, will serve no jail time in a deal that they cut with prosecutors?

If they got jail time, maybe they might say something ……… inconvenient:

The two Bureau of Prisons workers tasked with guarding Jeffrey Epstein the night he killed himself in a New York jail have admitted they falsified records, but they will skirt any time behind bars under a deal with federal prosecutors, authorities said Friday.

The prison workers, Tova Noel and Michael Thomas, were accused of sleeping and browsing the internet instead of monitoring Epstein the night he took his own life in August 2019.

They were charged with lying on prison records to make it seem as though they had made required checks on the financier before he was found in his cell. New York City’s medical examiner ruled Epstein’s death a suicide.

As part of the deal with prosecutors, they will enter into a deferred prosecution agreement with the Justice Department and will serve no time behind bars, according to a letter from federal prosecutors that was filed in court papers Friday. Noel and Thomas would instead be subjected to supervised release, would be required to complete 100 hours of community service and would be required to fully cooperate with an ongoing probe by the Justice Department’s inspector general, it says.

I’m SO sure that the investigation of Epstein’s death is going to be scrupulous and extensive.

A Good Start

No Comments

The Department of Justice has announced that it will be ending its use of private prisons:

The Justice Department plans to end its use of private prisons after officials concluded the facilities are both less safe and less effective at providing correctional services than those run by the government.

 Deputy Attorney General Sally Yates announced the decision on Thursday in a memo that instructs officials to either decline to renew the contracts for private prison operators when they expire or “substantially reduce” the contracts’ scope. The goal, Yates wrote, is “reducing — and ultimately ending — our use of privately operated prisons.”

 “They simply do not provide the same level of correctional services, programs, and resources; they do not save substantially on costs; and as noted in a recent report by the Department’s Office of Inspector General, they do not maintain the same level of safety and security,” Yates wrote.

Note that this only applies to federal prisons run by the DoJ, not state and local prisons or immigrant detention facilities maintained by the Department of Homeland Security.

As to whether this policy will move quickly enough, my guess is that we’ll have to wait for the next President.
Memo after the break.

Protect and Serve, My Ass

No Comments

What a surprise. Chicago cops are actively sabotaging their dashcams:

Why are so many police dashcam videos silent?

 Chicago Police Department officers stashed microphones in their squad car glove boxes. They pulled out batteries. Microphone antennas got busted or went missing. And sometimes, dashcam systems didn’t have any microphones at all, DNAinfo Chicago has learned.

 Police officials last month blamed the absence of audio in 80 percent of dashcam videos on officer error and “intentional destruction.”

 A DNAinfo Chicago review of more than 1,800 police maintenance logs sheds light on the no-sound syndrome plaguing Police Department videos — including its most notorious dashcam case.

 Maintenance records of the squad car used by Jason Van Dyke, who shot and killed Laquan McDonald, and his partner, Joseph Walsh, show monthslong delays for two dashcam repairs, including a long wait to fix “intentional damage.”

 On June 17, 2014, police technicians reported fixing a dashcam wiring issue in police vehicle No. 6412, the squad shared by Van Dyke and Walsh, about three months after it was reported broken, records show.

 A day later, the same vehicle’s dashcam system was reported busted again. It took until Oct. 8, 2014, to complete repairs of what technicians deemed “intentional damage,” according to reports.

 Just 12 days later, on Oct. 20, 2014, dashcam video recorded from squad car No. 6412 on the night Van Dyke shot and killed McDonald did not record audio. The video that went viral showing Van Dyke killing Laquan was taken from a different squad car, but it, too, had no audio.

………

Police officials quickly placed the blame on officers and shift supervisors responsible for making sure dashcam systems work properly before officers go on patrol.

In December, interim Police Supt. John Escalante warned the rank and file that they would be disciplined for failing to follow proper dashcam protocol. Weeks later, he followed through by hitting some officers and supervisors with formal reprimands and up-to-three-day suspensions.

“To boil this down, the Police Department will not tolerate officers maliciously destructing equipment,” police spokesman Anthony Guglielmi said.

Note that there are threats, but when the president of the local police union complains, he does not complain about actual punishments, just the threat of punishment.

This isn’t going to be fixed until someone from the outside excises the rot at the department’s core.

29 Dead, and Only a Misdemeanor?

No Comments

Donald Blankenship, former President of Massey Energy, was convicted of only a misdemeanor for his role in the deaths of miners in a mine explosion:

Donald L. Blankenship, whose leadership of the Massey Energy Company was widely criticized after 29 workers were killed in the Upper Big Branch mine in 2010, was convicted Thursday of conspiring to violate federal safety standards, becoming the most prominent American coal executive ever convicted of a crime related to mining deaths.

But in a substantial defeat for the Justice Department, the verdict, announced in Federal District Court here, exonerated Mr. Blankenship, Massey’s former chief executive, of three felony charges that could have led to a prison term of 30 years. Instead, after a protracted and complex trial that began on Oct. 1, jurors convicted Mr. Blankenship only of a single misdemeanor charge that carried a maximum of a year in prison.

“We are disappointed, but not as disappointed as we could have been,” said William W. Taylor III, a defense lawyer for Mr. Blankenship, who will appeal the conviction and is expected to be sentenced next spring.

Mr. Blankenship was not tried on any charges that accused him of direct responsibility for the deaths at Upper Big Branch, which investigators said exploded because of improper ventilation that allowed gases to accumulate. But prosecutors argued that Mr. Blankenship’s leadership had laid the groundwork for a catastrophe. There was not necessarily a formal conspiracy, prosecutors acknowledged, but they said that Mr. Blankenship’s example and tone had set Massey on a course that put profits ahead of lives.

I hope that the judge sentences him to the full year, but somehow I doubt it.

I expect him to get probation, or possibly house arrest, which would be far less satisfying than his ass getting shivved while he is in the stir.

Sweet………

No Comments

The FCC has ruled against the exploitative phone companies that gouge prisoners and their families:

The price inmates pay to call their friends and family is set to decrease after the Federal Communications Commission voted Tuesday to cap the rates.

The vote was part of a years-long push to decrease the cost of prison and jail calls, which have been described as predatory and are dramatically higher than general rates for the public.

“The truth is that each of us is paying a heavy price for what is now a predatory, scaled market regime,” said Commissioner Mignon Clyburn, a Democrat, who has led the charge. “None of us here would ever consider paying $500 a month for a voice only service where calls are routinely dropped for no reason.”

The FCC also implemented new rules it said would “discourage” advance payments [kickbacks to the jails] that the few dominate calling services give to prisons to win exclusive contracts, sometimes described as “kickbacks.” Advocates and even the phone companies themselves pushed the FCC to go further to end the payments altogether, which are technically called site commissions. But the FCC said its authority to do that is questionable.

Clyburn encouraged states to reevaluate those payments and to cap rates at even lower levels at the local level, as a few states have already done.

Most inmates’ calling rates will drop to 11 cents per minute, though rates will be capped at higher prices in smaller prisons and jails. Other transaction fees will be capped between $2 and $6.

The cap is a more than 50 percent drop from previous limits, and those only applied to calls between states. The new cap will apply to all calls within a state and between states.

Civil rights groups and others have pointed to the benefits of inmates being able to make calls affordably and how close contact with family can help reduce recidivism.

Phone companies have been required to ensure that their rates for inmate calls are reasonable and fair. One way they have justified higher-than-normal prices in the past is by factoring in the upfront payments for contracts.

The new order would allow these payments to go forward but would prevent phone companies from factoring them in when calculating phone rates.

I understand that a part of the corrections is punitive, but that is not an excuse to gouge prisoners and their families, particularly when the rest of us bear the cost of though increased recidivism and general misery.

The bad guys lose today, for a while at least.

I fully expect moves in congress to reverse this decision.

Another Reason to Support Bernie Sanders

No Comments

In a rally a few days ago, the distinguished gentleman from Vermont has said that he will be introducing legislation to ban private for profit prisons:

Democratic presidential candidate Bernie Sanders is taking his criminal justice reform platform from the campaign trail to the Senate with a plan to introduce legislation outlawing private prisons when Congress returns from August recess.

Daily Kos first noted that at his Reno, Nevada, rally on Tuesday night, the Independent senator told a gathered crowd of 4,500 supporters that “when Congress reconvenes in September, I will be introducing legislation, which takes corporations out of profiteering from running jails.”

Sanders, who is opposed to building any new prisons, has long advocated against draconian sentencing laws, voting in favor of investments in alternative sentencing and telling the Nevada crowd that he also plans to tackle mandatory minimums for certain crimes:

We want to deal with minimum sentencing. Too many lives have been destroyed for non-violent issues. People that are sent to jail have police records. We have got to change that. Our job is to keep people out of jail, not in jail.

Our system of private gulags is deeply and ineluctably evil.

They serve to create a system where taxpayer money goes to increased incarceration by private companies, who then use political contributions to secure their rents.

It is thoroughly corrupt, and it needs to end now.

My Bad! Bernie Sanders is not Going to be Ratf%$#ed in New York

No Comments
Last week, I noted that Bernie Sanders’ independent status would prevent him from being on the primary ballot in New York.

I was wrong. It turns out out that his independent status will not prevent his being on the ballot, though there is always the possibility that they will find a different way to ratf%$# his campaign:

Several New York politics blogs and publications have recently said that Bernie Sanders is in danger of being kept off the New York presidential primary ballot because he is not a Democrat and the Democratic Party has the power to keep non-members off its prseidential primary ballot. Here is the article in Power Line; here is the article in Gothamist. Here is the CapitalNew York story.

The articles are incorrect. The Wilson-Pakula law does not pertain to presidential primaries. The Wilson-Pakula law, sec. 6-120, does keep non-members off the primary ballots of parties (unless party committees approve letting them on), but it only relates to offices for which nominations are made. No state’s presidential primary nominates a major party’s presidential candidate. Only the party’s national conventions do that. The candidates in New York Democratic presidential primaries are individuals running for Delegate to the national convention.

My bad.  I was wrong.

It’s More than Just the Baltimore Police That Are Dusfunctional

No Comments

It appears that a the Baltimore jails are systematically denying appropriate healthcare to its inmates:

Weeks after Baltimore announced plans to construct a new, $30 million youth jail, a motion filed by the ACLU, Public Justice Center, and Law Offices of Elizabeth Alexander claims detainees are routinely denied life-saving medications, due to systemic failures in the Baltimore City Detention Center (BCDC). In addition to gross medical neglect, the motion alleges that inmates are also housed in moldy, vermin-infested units that exacerbate existing health problems.

The organizations behind the motion conducted a comprehensive review of 13 death cases and 24 randomly-selected medical records from 2013 to 2015, concluding that inmates with chronic diseases had their medications interrupted. For instance, an HIV-positive detainee alleges his antiretrovirals were taken away upon entry, but nurse notes indicate that some of his medication wasn’t available, which is why he didn’t receive it for five days. BCDC allegedly failed to give another inmate with a significantly low white blood cell count his prescribed retrovirals until shortly before his death. The review says hypertensive cardiovascular disease claimed the life of another detainee who was prescribed medication for his blood pressure and heart but was never given the proper drugs. Due in part to a failure to complete ordered laboratory tests, another person allegedly died of because of blood in the sac close to her heart. And people with diabetes allegedly did not receive prescribed insulin for extended periods of time, and had their dietary restrictions ignored.

The motion also claims that inmates with physical disabilities are denied proper medical attention. On multiple occasions, BCDC allegedly failed to give an inmate with urinary problems clean catheters, and the one bathroom he can access is flooded. The motion also mentions a detainee relegated to a defective wheelchair who had back pain for five months, but wasn’t given his muscle relaxant. Additionally, the motion claimed an amputee with severe pain hasn’t had a thorough exam to evaluate his pain or prescribe the most effective medication.

I understand that locking people up is expensive, but if you are  going to lock people up, you have to provide at least minimally competent medical care.

This is Nearly Unprecedented

No Comments

(Retitled on 7/1/2016 because some moron at Google™ Adsense™ flagged it as sexually explicit because of the title)

In response to prosecutorial misconduct, a California judge has dismissed the whole Orange County DA’s Office from a case:

Prosecutorial and police misconduct are often dismissed as just a few bad apples doing a few bad apple-ish things. But what happens when it’s entrenched and systemic and goes unchecked for years? That looks to be the case in Orange County, California, where the situation got so completely out of hand this spring that Superior Court Judge Thomas Goethals issued an order disqualifying the entire Orange County District Attorney’s Office (that’s all 250 prosecutors) from continuing to prosecute a major death penalty case.

 After literally years of alleged misconduct involving jailhouse informants, as well as prosecutors’ repeated failures to turn over exculpatory material, Judge Goethals determined in March that the office can simply no longer work on the case of mass murderer Scott Dekraai, who pleaded guilty last year to killing his ex-wife and seven others at a beauty salon in 2011.

Revelations of misconduct in the Dekraai case have raised questions about patterns of obstruction and deception that have unraveled various other murder cases in the county, which has a population larger than that of 20 different states. Other cases involving informants who were eliciting illegal confessions have emerged, entire cases have collapsed, and more may follow. The story goes way back to the 1980s, as R. Scott Moxley explains at length in the OC Weekly, to a prosecutorial scandal that ended in the execution of one defendant and a lengthy sentence for his alleged co-conspirator. Their convictions were based on the testimony of various jailhouse informants even though they told conflicting stories. That scandal rocked the area then, and this new one shows eerie parallels.

………

 One issue in the Dekraai case is whether deputies deliberately placed him near a prized informant to elicit illegal confessions. While preparing for the penalty phase of the trial, Santa Ana assistant public defender Scott Sanders, who is defending Dekraai, discovered that a jailhouse informant who had produced damning evidence about his client had done the same thing in another case Sanders was handling. After further investigation, Sanders claimed that a branch of the Orange County Sheriff’s Department called “special handling” would deliberately place jailhouse snitches in cells next to high-value inmates awaiting trials, with instructions to collect confessions, a practice that is unconstitutional.

 Together with his law clerks, Sanders spent a year unearthing and then reconstructing a tranche of 60,000 pages of records indicating that the county sheriff’s office routinely used and coordinated with those informants to get around the constitutional prohibition on eliciting incriminating statements from defendants who had lawyered up and should not have been interrogated. The sheriff’s department has admitted that mistakes were made. The DA’s office claims there was nothing coordinated or systemic going on. But Judge Goethals disagreed, finding that the new revelations called into question the integrity of the entire Orange County District Attorney’s office.

Initially, Judge Goethals had ruled that the DA’s office was negligent in failing to turn exculpatory information over, finding that “the district attorney’s well-documented failures in this case, although disappointing, even disheartening to any interested member of this community, were negligent rather than malicious.” But that seems to have changed following further revelations of refusal to turn over evidence.

In an explosive moment following a hearing last year, Sanders revealed that the Orange County Sheriff’s Department has maintained a massive, secret, 25-year-old computerized record-keeping system called TRED. These TRED documents were full of potentially exculpatory data, but the agency officials had systematically refused to turn any of them over, or even acknowledge their very existence, to defense counsel.

In his March order, Goethals wrote: “It is now apparent that the discovery situation in this case is far worse than the court previously realized. In fact, a wealth of potentially relevant discovery material—an entire computerized data base built and maintained by the Orange County Sheriff over the course of many years which is a repository for information related directly to the very issues that this court was examining as a result of the defendant’s motion—remained secret, despite numerous specific discovery orders issued by this court, until long after the initial evidentiary hearing in this case was concluded and rulings were made.”

………
 What’s wrong with using jailhouse informants? It depends on how they are used. Testimony from snitches is certainly legal—even if the informant gets rewarded with a reduced sentence or material benefits or even cold, hard cash. But evidently the Orange County informants were deliberately moved to be closer to high value targets, they taped their conversations, and the records of much of this conduct were then hidden. As Dean Erwin Chemerinsky explains, the Constitution limits the use of jailhouse informants to situations in which statements are made voluntarily to cellmates, not orchestrated and recorded by jailhouse officials, all of which makes the interaction too much like an interrogation. The 1964 Supreme Court case Massiah v. United States bars the government from eliciting incriminating statements from a defendant after the right to counsel has kicked in. In Dekraai’s case the issue was how jailhouse informant Fernando Perez found his way into a cell next to Dekraai, befriended him, and then reported hearing him “bragging” about the Seal Beach murders.


The answer to that question is troubling. According to a 505-page motion filed by Sanders, Dekraai was somehow placed next to a guy known as “Inmate F,” (Perez) who then buddied up to Dekraai, heard all he had to say and then—to hear prosecutors tell it—came forward out of the goodness of his heart. As Sanders explained:

It appeared that the prosecution had been the recipient of extraordinarily good luck. The inmate housed closest to Dekraai was a good listener, a great note taker, and someone so selfless that he wanted to assist the OCDA [Orange County district attorney] and local law enforcement without wishing for anything in return. OCDA Investigator Erickson’s subsequently written report confirmed this picture of Inmate F. The prosecution promised nothing in return for his assistance, which was perfect for Inmate F. because he wanted nothing.

The problem for the Orange County District Attorney’s Office arose after Sanders started digging into details about Inmate F and happened upon, just for starters, a note in his file stating: “WAS TERMINATED AS A C.I. [confidential informant]—DO NOT USE AS A C.I.” as well as his colorful history of three-strikes convictions and conspiracies to murder fellow inmates.

Last August, Judge Goethals ruled that prosecutors couldn’t use the Perez statements during the penalty phase of the trial, but he also found that there was no evidence of a conspiracy, just that mistakes were made. But after Sanders found the TRED records, it became clear that sheriff’s officials—not a nurse, as they had sworn, under oath—had put Perez next to Dekraai’s cell, and that the violations were likely deliberate and coordinated.
………

The problem with the system set up in Orange County, according to Sanders, was that jailhouse informants were asked to collect incriminating statements and then share them with prosecutors in exchange for reduced charges or other favors. Last November, the Orange County Register reported that two prolific informants with extensive criminal records had received more than $150,000 from law enforcement agencies for obtaining information from jailed suspects awaiting trials.

………

The Dekraai case became a turning point in Orange County when Judge Goethals got mad. He found that two deputies, Ben Garcia and Seth Tunstall, who belonged to the “special handling” unit dealing with informants, testified falsely to the court, denying the very existence of the TRED records at a crucial hearing last year. He also found that a prosecutor, Eric Petersen, had testified falsely.

………
 In the end it took a crusading public defender and a judge finally willing to believe him to smoke out the wrongdoing. In tossing the entire DA’s office off the Dekraai case, Judge Goethals wrote that “certain aspects of the district attorney’s performance in this case might be described as a comedy of errors but for the fact that it has been so sadly deficient. … There is nothing funny about that.” The disqualification of an entire prosecutor’s office rarely, if ever, occurs. But Judge Goethals finally concluded that in hiding exculpatory evidence, and then covering up the whole mess, the “District Attorney has a conflict of interest in this case, which has actually deprived this defendant of due process in the past.”

 ………

The constitutional protections built into our criminal justice system are not perfect. But the events of the past year in Orange County reveal that the alternative—a nihilistic sense that we can do whatever we must to nail the criminals—is far more dangerous. Especially if we let the most dangerous criminals walk in exchange for snitching in trivial cases. Yet more dangerous still is our tendency to turn a blind eye on the practices that are now coming to light in Orange County. They happen in secret because not enough people want to know about them. And they will continue to happen because so many people keep trying so hard not to care.

The law here is pretty clear:  Once a defendant has lawyered up, neither the police nor the prosecutors may talk to him without his counsel.

This applies to any person acting as an agent of the police or prosecutors, and it is clear that the police, prisons, and prosecutors deliberately used their jailhouse snitches as agents, and then concealed this though obstruction of justice and perjury.

I fear that these practices are far more common that we are led to believe.

The Fact That This Passed the Laugh Test Is Concerning

No Comments

In a case from (where else) Texas, the plaintiffs are claiming that redistricting should be done on the basis of registered voters, not on the basis of people:

The Supreme Court agreed on Tuesday to hear a case that will answer a long-contested question about a bedrock principle of the American political system: the meaning of “one person one vote.”

The court’s ruling, expected in 2016, could be immensely consequential. Should the court agree with the two Texas voters who brought the case, its ruling would shift political power from cities to rural areas, a move that would benefit Republicans.

The court has never resolved whether voting districts should have the same number of people, or the same number of eligible voters. Counting all people amplifies the voting power of places with large numbers of residents who cannot vote legally, including immigrants who are here legally but are not citizens, illegal immigrants, children and prisoners. Those places tend to be urban and to vote Democratic.

A ruling that districts must be based on equal numbers of voters would move political power away from cities, with their many immigrants and children, and toward older and more homogeneous rural areas.

………

The Supreme Court over the past nearly 25 years has turned away at least three similar challenges, and many election law experts expressed surprise that the justices agreed to hear this one. But since Chief Justice John G. Roberts has led the court, it has been active in other voting cases.

In 2013, in Shelby County v. Holder, a closely divided court effectively struck down the heart of the Voting Rights Act.

The new case, Evenwel v. Abbott, No. 14-940, concerns state and local voting districts. But “the logic of the decision in Evenwel will likely carry over to congressional redistricting,” said Richard L. Hasen, a law professor at the University of California, Irvine.

This is a big deal, and the fact that they are even hearing this is an indication of just how corrupt and partisan the conservative wing of the Court.

This would be a complete reversal of decades of precedent, and if the Court to overturns their prior rulings, it would the most unprincipled and biased ruling by the Court since Bush v. Gore in 2000.

Note also that by putting impediments to registration between citizens, in Wisconsin, photo ID sites avoid urban areas for example, it possible for evil people to further skew redistricting.

Of course, for “jurists” like Scalia and Alito, this is a feature, not a bug.

The effect of this bill might be less than anticipated though: There were 2,266,800 adults in detention in 2011, and 70,792 juveniles incarcerated in 2010*, and particularly for the prison population these are overwhelmingly held in rural areas.

These inmates are counted as residents of the district in which they are held, and as such, they give a big bump to rural representation.

If these people are not counted for the purposes of redistricting, this would move what would likely be over a million people out of rural districts.

*http://en.wikipedia.org/wiki/Incarceration_in_the_United_States

This is Disgraceful

No Comments

It appears that the Obama administration is ignoring federal law intended to prevent jailing juveniles in adult prisons:

The Obama administration is failing to sanction states that house excessive numbers of teenagers and children in adult jails and prisons, placing them at greater risk for violent attacks, sexual assaults and suicide, two career Justice Department employees plan to testify Tuesday in front of a Senate panel.

Under a 1974 law known as the Juvenile Justice and Delinquency Prevention Act, the Justice Department is required to sharply curtail some federal aid to state governments when those states incarcerate too many juveniles and children in adult jails and prisons. The law also demands that the federal government withhold such funds from states that lock up large numbers of so-called status offenders — children and teens who have engaged in minor offenses such as truancy, curfew violations, drinking alcohol or running away from home.

The law was later amended to require the Justice Department to also cut grant money to states that fail to make fixes after the determination that their criminal justice systems hold “disproportionate” numbers of minority youths.

The two career Justice Department officials are expected to testify that the Obama administration is in violation of federal law by continuing to provide these funds to eight jurisdictions that do not meet one or more of those standards: Virginia, Illinois, Tennessee, Rhode Island, Idaho and Alabama, plus the District of Columbia and Puerto Rico.

Really?

The evidence is fairly clear here. Children incarcerated with adults are more likely to be raped, and they are more likely to become hardened criminals.

This is contemptible.

Oh, My F%$#ing God! This is Not the Onion

No Comments

Private prison company Corrections Corporation of America, looking to expand its business. intends to open an animal shelter:

Sorry, give me a second. BREATHE JANE. BREATHE…okay. Just a few more deep breaths.

 Almost there.

 So Corrections Corporation of America — the people who brought you immigrant abuse in their private Texas prisons — want to get into the animal shelter business. In Citrus County Florida.

IT’S NOT ENOUGH that CCA is understaffing their people prisons to cut corners, resulting in higher levels of inmate violence and death. Which they then overbill for. And you can’t FOIA how many sexual assaults are happening there because as a private company they’re not responsive to FOIA requests.

 They’ve been sued for insufficiently treating inmates who have health problems because that costs money, then they pay academics from Temple University to run “astonishingly misleading” studies that say they “save money” because they don’t take into account health care costs. Which they don’t want to pay.

 They also hire people to work in prisons who have, you know, murdered people.

The most depressing thing is that we are likely to see more outrage over how CCA would treat dogs than how it would treat human beings.

A Minor Correction

No Comments

Yesterday, I suggested that Gary Larson had encapsulated the id of Baltimore.

On further examination, I realized that I neglected to mention B. Kliban, who penned this cartoon.

He’s best known for his cat cartoons, but he was seriously bent artist.

His cartoon is just one step removed from Attila the Hon.

I Just Got F%$#ing Pwned (Owned) by a Man Who Has Been Dead for 224 Years

No Comments

I am referring, of course to Ben Franklin.

Andy Kaufman has nothing on post-death humor.

Specifically, when I blamed Ben Franklin for creating Daylight Saving Time, I neglected to do my research.

It turns out that Ben Franklin’s suggestion was satire:

During his time as an American envoy to France, Benjamin Franklin, publisher of the old English proverb, “Early to bed, and early to rise, makes a man healthy, wealthy and wise”, anonymously published a letter suggesting that Parisians economize on candles by rising earlier to use morning sunlight. This 1784 satire proposed taxing shutters, rationing candles, and waking the public by ringing church bells and firing cannons at sunrise. Franklin did not propose DST; like ancient Rome, 18th-century Europe did not keep precise schedules. However, this soon changed as rail and communication networks came to require a standardization of time unknown in Franklin’s day.

I must remember: Google before shooting off my mouth.

It appears that I am not a hoopy frood who knows where my towel is.

A Correction:

No Comments

While still feel that the the government transition in the Ukraine will likely lead to an upsurge in anti-semitism.

The Ukraine has a long and inglorious tradition of virulent Jew hatred, and periods of social unrest lead to an upsurge in bigotry of all kinds.

That being said, Mark Ames, former editor in chief of the eXile, a former Moscow based English language tabloid, knows a LOT more about the former Soviet Union than I do.

One of the things that he knew was that Rabbi Moshe Reuven Azman, whom I quoted as advising that Jews leave Kiev, is a Chabad rabbi, and Chabad is really tight with the Kremlin.

So, I have to question the reliability of Reb Azman’s pronouncements.

Ames’ thesis is basically that the sh%$ is f%$#ed up and sh%$, and that teasing out alliances and philosophies is simply not a productivity, or as he sums up, “Everything you know about Ukraine is wrong“:

………

Everyone looking for a proxy side to support or oppose in the Ukraine political dynamic will be disappointed. Ukraine politics go by their own rules. Today’s neoliberal ultranationalist could be tomorrow’s Kremlin ally, and visa-versa. Just look at what happened to the Orange Revolution—nothing. To wit:

a) One Orange Revolution leader, Yulia Tymoshenko, wound up turning against her partner Viktor Yushchenko and allying with Yanukovych to strip Yushchenko of presidential powers; later, Tymoshenko allied with the Kremlin against Yushchenko; now she’s free from jail and the presumptive leader of the anti-Yanukovych forces.

b) The other Orange leader—the pro-EU, anti-Kremlin Viktor Yushchenko—wound up allying with pro-Kremlin Yanukovych to jail Yulia Tymoshenko.

c) John McCain has been the big driving force for regime change against Yanukovych, but McCain’s 2008 campaign chief’s lobby firm, Davis Manafort, managed Yanukovych’s political campaigns and his lobbying efforts in the US.

d) Anthony Podesta, brother of President Obama’s senior advisor John Podesta, is another Yanukovych lobbyist; John Podesta was the chief of Obama’s 2008 transition team.
4. Yanukovych was not fighting neoliberalism, the World Bank, or oligarchy — nor was he merely a tool of the Kremlin.

There’s another false meme going around that because the World Bank and IMF are moving in to “reform” Ukraine’s economy — for the umpteenth time — that somehow this means that this was a fight between pro-neoliberal and anti-neoliberal forces. It wasn’t.

Yanukovych enthusiastically cooperated with the IMF and pledged to adhere to their demands. Six months after Yanukovych was elected president, the headline read “International Monetary Fund approves $15 billion loan to Ukraine”. ………

………

The point is this: Ukraine is not Venezuela. This is not a profoundly political or class fight, as it is in Venezuela. Yanukovych represents one faction of oligarchs; the opposition, unwittingly or otherwise, ultimately fronts for other factions. Many of those oligarchs have close business ties with Russia, but assets and bank accounts—and mansions—in Europe. Both forces are happy to work with the neoliberal global institutions.

In Ukraine, there is no populist left politics, even though the country’s deepest problem is inequality and oligarchy. Memories of the Soviet Union play a big role in turning people off to populist-left politics there, for understandable reasons.

So Mark Ames thesis is that the political culture of the Ukraine is largely one of corrupt politicians and oligarchs grasping for advantage.

This does not mean that Jews in the Ukraine are not likely to see harassment, because (as Ames notes) the ultra-nationalist parties were at the lead of the most recent protests, and because the history of that part of the world.

The FCC Gets one Right, Big

No Comments

The FCC has issued a temporary rule forbidding the extortionist phone rates charged to prisoners and their families:

Today was an extremely emotional meeting at the Federal Communications Commission (FCC). After ten years of fighting, the FCC resolved the Petition filed by Martha Wright and concluded that the rates charged for prisoners to make and receive phone calls are “unjust and unreasonable” and therefore violate Section 201 of the Communications Act. The FCC imposed interim rates and issued a further Notice of Proposed Rulemaking to ensure that rates going forward are based on actual cost to provide service, not jacked up outrageously because prisoners and their families have no choice. Importantly, the FCC ruled that the “commissions” (aka kickbacks) paid to jails for the right to exploit the helpless and profit from the misery of their families are not a “cost” that can be recovered. (FCC press release here.)

This is a repulsive practice.

Not only was it creating a literally captive customer base for these obscene rates, it also had the effect of increasing recidivism, and impoverishing the families of prisoners.

Here is an Interesting Case

No Comments

An appeals court has reinstated a case against the South Burlington, VT jail for slavery, for forcing inmates in pretrial detention to do hard labor:

A man who claimed he was forced to do manual labor while detained pending trial can proceed with claims against the state of Vermont under the 13th Amendment, which prohibits slavery and involuntary servitude.

In an opinion on Friday, a three-judge panel of the 2nd U.S. Circuit Court of Appeals found that a lower court wrongly denied Finbar McGarry a chance to argue that he was forced, against his will and under threat, to work in a prison laundry.

………

For six weeks, McGarry said he was forced to work three days a week for up to 14 hours at a time washing other inmates’ laundry at a pay of 25 cents an hour.

The work was hot, unsanitary and resulted in his getting an infection in his neck, McGarry said. If he refused to work, McGarry said prison officials threatened to send him to “the hole,” where inmates were confined for 23 hours a day.

………

His lawsuit, which he filed himself, asked for $11 million in damages.

In dismissing the case, U.S. District Judge Garvan Murtha in Brattleboro, Vermont, ruled that the state was immune from McGarry’s claims because he had failed to show that the prison work was sufficiently akin to African slavery.

Appeals judges Robert Katzmann, Barrington Parker and Richard Wesley, however, disagreed with the judge’s reading of the 13th Amendment, which was enacted in 1865.

“The Amendment was intended to prohibit all forms of involuntary labor, not solely to abolish chattel slavery,” the opinion, drafted by judge Parker, said.

More broadly, the appeals court said Vermont could not treat people in custody pending trial the same way it treats convicted prisoners, such as compelling them to participate in work programs designed to rehabilitate inmates.

The Supreme Court has recognized that you cannot treat people in pretrial detention the same as people who are serving a sentence, and if this stands, this will make a major change in the operation our prison industrial complex.