Category Archives: Justice

Out Of The Mouths Of Comedians…

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One of the sad facts about today’s media is that the hosts of several satirical “news” comedies are better journalists than the news readers on the so-called news networks. They are often more factual and probe more deeply into stories than many of those who pretend to be journalists. Moreover, they are even willing to take the few minutes needed to check their sources…something that many journalists don’t. That’s why so many news stories are superficial, sensational and hopelessly biased, such as Lara Logan’s infamous 60 Minutes Benghazi fiction.

Therefore, it should come as no surprise that comedian John Oliver added some much needed perspective to the GOP claims of widespread in-person voter fraud and to the subject of capital punishment. On his HBO show called Last Week Tonight, Oliver noted that modern DNA testing has proven that approximately 4 percent of those prisoners awaiting execution on death row are innocent. But there were just 4 confirmed cases of in-person voter fraud over the past decade. That computes to something like 0.00000001 percent of all the votes cast!

Yet GOP conservatives have rushed to pass voter ID bills that will impose hardships on many voters, including college students, the elderly and minorities. At the same time, they literally applaud attempts by red state governors to speed up executions by reducing the number of appeals, even when there is reasonable cause to presume innocence.

Such are the values of today’s GOP. The fear of a token number of fraudulent votes trumps the fear of wrongly executing innocent people!

One suspects that conservatives might feel differently if they, or one of their family members, were wrongly convicted and sitting in isolation on death row. And since you are known by the company you keep, one imagines that conservatives might be embarrassed to learn that, when it comes to capital punishment, the US stands alongside Iran, Iraq, Saudi Arabia and China. Together these nations conduct the vast majority of the world’s executions. Most of the rest of the world is horrified by our insistence on venegence. Indeed, that’s why the states determined to continue executions are struggling to find the necessary drugs…European pharmaceutical companies refuse to sell them to the US.

One cannot even justify capital punishment based on monetary savings. Despite claims to the contrary, the cumulative cost of court appeals, death row confinement and execution is 10 times more expensive than the cost of imprisoning a convicted murderer for the rest of his or her life. Further, there is a great moral cost for a society that is willing to exact venegence through capital punishment…especially when some of those executed are innocent. A single execution of an innocent person makes everyone who favors government-sanctioned murder a killer. There simply can be no denial of that fact.

Of course, we all might rest a bit easier if we could be certain of each and every verdict. But our justice system has proven to be all too fallible. According to the National Academy of Sciences, there have been 312 DNA exonerations since we have been doing advanced forensic testing. That’s 312 people who went through the horror of being convicted of a crime they didn’t commit; who were subjected to solitary confinement – often for many years – before being proven innocent.

Yet they were the lucky ones!

Those who were executed before modern DNA techniques or, in some cases, despite of them, lost their lives based on a mistake. In the immortal words of the nation’s most prolific executioner and amateur debater, Texas Governor Rick Perry…”Oops!”

Our Ongoing National Shame.

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Teapublicans are fond of saying that racism is no longer an issue. Conservatives on the US Supreme Court have echoed that sentiment in decisions that weakened and overturned affirmative action. Indeed, many conservatives cite affirmative action as a form of reverse racism. And whenever a politician or African-American speaks out against discrimination, conservatives are quick to label them as racists.

Some conservatives, especially those in the media, are simply unabashed racists that will never listen to reason. Unfortunately, even the more thoughtful and open-minded conservatives have fallen into the trap of assuming that racism was ended by Martin Luther King, Jr. What they fail to comprehend is that the US is only 3 to 5 generations removed from emancipation and that slavery has left a lasting legacy.

Following the Civil War, the largely uneducated population of African-American slaves (for most slaves, education was forbidden) was freed to fend for themselves. Many of those given 40 acres and a mule had their property stolen by whites. Many were still abused. Most found low-skilled, low-paying jobs and were herded into ghettos with little opportunity for advancement. Their children were sent to substandard schools. Even those who struggled to excel in school were discriminated against and given few job opportunities. In many states, African-Americans were not even allowed to vote until a generation ago. As a result, most laws have been used to bludgeon African-Americans. Police forces have used drug laws to disproportionately incarcerate African-Americans even though African-Americans use drugs at roughly the same rate as whites. Virtually every African-American has been stopped for driving or walking while black. And we’ve all seen the TV “reality” crime shows that focus almost exclusively on minorities. (A producer for one of the shows admitted that no one wanted to watch a show that focused on police busting young, white men for the same crimes.)

In the 1960’s many white families abandoned our cities for the suburbs to enroll their children in white-dominated schools and leaving African-Americans with the burden of paying for the infrastructure of the central cities, for police and fire protection, for luxurious sports venues, and for the freeways used almost exclusively by suburbanites. Cities redistricted their schools along racial and economic lines. So today, on the 60th anniversary of the US Supreme Court ruling Brown v. Board of Education which ordered the desegregation of schools, many of our schools are more segregated than they were at the time of the ruling.

Moreover, a Center for American Progress study found that, nationally, we spend $334 less for the education of each black student than for each white student! We may be unwilling to pay for the education of African-Americans. But we sure don’t mind spending millions more to send them to prison. According to The New Jim Crow by Michelle Alexander, there are now as many African-Americans in some stage of our “justice” system as there were African-American slaves at the beginning of the Civil War!

Yet the GOP somehow believes that the playing field has been leveled…that the problems faced by many African-Americans are simply the result of laziness, broken families and a culture of welfare dependency. Some, like Cliven Bundy, even suggest that “the Negro” would be better off as slaves.

Here’s an idea: Why don’t the Teapublicans who believe this nonsense trade places with those they so demean? Let’s see how Rep. Paul Ryan would fare in a ghetto with few prospects for anything beyond a minimum wage job. Let’s see how he fares in landing a job in a suburb with no car and no public transportation to get to that job. Let’s see how Justice Roberts’ children would fare in a school with significantly fewer resources than their peers. Let’s see how white Teapublican suburbanites like standing in line for hours to vote. Let’s see how Cliven Bundy would fare at picking cotton.

Congress Should Have Given As Much Attention To Iraq As Benghazi.

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Congress has spent far more time debating and analyzing the events at Benghazi than it did the invasion of Iraq. The results of the terrorist attacks on the US Consulate in Benghazi resulted in the tragic deaths of four Americans. While the cavalier invasion of Iraq led to the deaths of 4,486 US soldiers and, by at least one authoritative estimate, the deaths of more than a million Iraqis. The invasion of Iraq was based on false pretenses while the concern over Benghazi is that the White House falsely stated the cause of the attacks.

What’s wrong with this picture?

Benghazi has been investigated, analyzed and politicized to death. And the GOP is still out for blood. They want someone, anyone, to pay. They already derailed the nomination of Susan Rice for Secretary of State for merely stating what she believed to be true. And every investigation has proven that her remarks were accurate. But the GOP wants to hang Benghazi around the necks of President Obama and former Secretary of State Hillary Clinton. There is talk of impeachment and the everlasting hope that further investigations of Benghazi will prevent Hillary from running for president in 2016. There is also the very real likelihood that another sensationalized kangaroo investigation of Benghazi will help the GOP capture the Senate in the mid-term elections.

Yet, the many falsehoods and lies that led to the invasion of Iraq have scarcely been investigated. No one involved in the lies at any level has paid a price. Only recently has the Senate investigated the accusations of Bush-sanctioned secret prisons and torture! In an attempt to heal the wounds caused by that costly and unnecessary war, President Obama chose not to pursue investigations and sanctions against the pepetrators of the lies, even though there is clear evidence that the Bush administration lied about the existence of WMD (weapons of mass destruction), sanctioned torture, and punished anyone who stood in their way, going so far as to commit treason by outing a clandestine CIA operative as payback for her husband’s op-ed debunking the notion that Saddam Hussein had purchased yellow cake uranium from Niger.

And what of the warnings Bush, Cheney and Condoleezza Rice received before 9/11? What of claims from numerous credible sources that the Bush administration received more than 40 detailed warnings of the impending attack? What of the single investigation led by Condoleezza Rice’s pal, Philip Zelikow, which whitewashed the lead-up to the attack and absolved Rice of wrongdoing despite obvious negligence as the National Security Advisor? What of the administration’s blatantly false claims that Saddam Hussein had partnered with al-Qaeda?

Are the American media really so stupid that they would treat the Benghazi hoax more seriously than the deception and lies behind the Iraq War and the negligence surrounding 9/11? Can the GOP be so cynical as to perpetuate the Benghazi myth for obvious political purposes? Are American voters so stupid or naive that they would believe the GOP’s disproven theory that Benghazi is worse than Watergate?

Unfortunately, I believe the answer to those questions is an unqualified yes.

20 Things President Obama Should Do After The Mid-Terms.

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In no particular order of importance:

  1. Normalize relations with Cuba.
  2. Support Palestine for UN membership.
  3. End the War on Drugs and begin the process of decriminalization.
  4. Renew calls for a Public Option as part of the Affordable Care Act.
  5. Negotiate pharmaceutical prices as all other industrialized nations have done.
  6. Rally Americans to aggressively deal with Climate Change.
  7. Push for an end to mandatory sentences for non-violent criminals.
  8. Order the Justice Department to aggressively pursue criminal charges against the banksters who collapsed our economy in 2008.
  9. Order the Justice Department to aggressively pursue charges of war crimes against those involved in the CIA’s torture program.
  10. Deny permission for TransCanada to build the Keystone XL pipeline.
  11. Push for changes to the tax code to prevent the use of offshore tax havens by individuals and corporations.
  12. Push the IRS to prevent 501c3s and 501c4s from engaging in politics.
  13. Aggressively push for immigration reform.
  14. End drone assassinations except as an absolute last resort to deal with terrorist leaders and increase transparency.
  15. Order the removal of ALL American troops from Afghanistan.
  16. Offer government-backed, interest-free college loans based on need.
  17. Demand that Congress pass common-sense gun control measures, including universal background checks and a ban on large ammo clips.
  18. Order the Justice Department to create uniform voting rights across all states.
  19. Aggressively push for an end to human trafficking.
  20. Order the Department of Defense to reduce its reliance on private contractors.

An Act Of Sedition.

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After watching videos of the armed confrontation between Cliven Bundy and federal agents executing a legal court order, I realized that I was watching more than a political demonstration or civil disobenience. When Bundy’s crowd of armed milita threatened government officials by drawing their weapons and taking aim from sniper positions, they crossed a very clear line into the realm of sedition. Incredibly, they were supported by Nevada Governor Sandoval, U.S. Rep. Paul Gosar and dozens of state legislators from Arizona and Nevada.

Look up the definition of sedition yourself.

To save you the trouble, 18 U.S. Code 2384 reads, “If two or more persons…conspire to oppose by force the authority…or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States…they shall be fined under this title or imprisoned not more than twenty years, or both.” Not only were the actions of Bundy and his friends in violation of that code, so, too, were the actions of the conservative media hosts and politicians who applauded and encouraged them.

Imagine if a group of drug dealers challenged federal authority to interrupt a smuggling operation. Imagine if a city neighborhood took up arms to prevent the arrest of a suspected murderer. Would anyone support and encourage them? If not, where do we draw the line?

I’d suggest that the line is crossed when someone, anyone, takes aim at government officials or incites someone else to do so.

Nevada Rancher Is Just Another Ungrateful “Taker.”

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The Tea Party and those who believe states’ rights trump the federal government have hailed Nevada rancher Cliven Bundy as a “freedom fighter” and an “American hero” for standing against the Bureau of Land Management and the National Park Service. But the fact is, by the definition of Mitt Romney, he’s just another one of the 47 percent – a “taker” who relies on federal government largess.

As a cattle rancher, Bundy benefits from numerous federal subsidies to support his cattle business. He and other ranchers who graze their cattle on public lands receive $100 million annually in direct subsidies. Such ranchers receive federal subsidies for losses from drought. They are eligible for low-cost federal loans. Their private properties are taxed at a lower, agricultural rate. There are government subsidies to provide emergency feed for cattle stranded by blizzard. Even the fences needed to contain the cattle are built with public money.

Worse, like most ranchers who graze their cattle on public lands, Bundy is greatly contributing to the destruction of our ecosystem. According to Mike Hudak, author of Western Turf Wars: The Politics of Public Lands Ranching, “Among 1,207 plant and animal species that are endangered, threatened or proposed for listing, 22 percent are affected by cattle grazing…” This is especially true on arid lands such as those used by Bundy. Such grazing damages the area’s water supply. Cattle pollute streams, destroy riparian and forest habitats for wildlife, and cause erosion.

In addition, such ranchers are often given permission to kill predators the ranchers believe are preying on their cattle. (The Arizona legislature is currently considering a bill that would allow ranchers to kill one or more of the 90 Mexican wolves that remain in the wild.) Yet, although ranchers like Bundy have a large impact on sensitive lands, they have little impact on our food supply or our economy. They represent only 2% of America’s cattle producers and only 2.8% of the nation’s beef supply.

Despite the consequences, the BLM continues to make public lands available to ranchers for a modest annual grazing fee…a fee that Bundy has refused to pay for more than 20 years. As a result, Bundy now owes more than $1 million for unpaid grazing rights. Bundy’s only defense for his refusal to pay is that the government changed the grazing rules in order to protect an endangered tortoise. He refuses to accept the government’s authority to make changes, saying his family has grazed cattle on those lands since the 1800s. So what? Native Americans hunted on those lands for many thousands of years. Should that give them the right to hunt Bundy’s cattle? My ancestors farmed in Iowa, Missouri, Kentucky and Maryland for generations. Does that give me the right to take produce from those lands without compensating the current owners?

Even after the BLM was awarded judgments by the federal courts, Bundy still refused to pay. As a last resort, BLM officials finally decided to seize Bundy’s cattle by removing them from federal lands and holding them until Bundy made restitution. Not surprisingly, Bundy and his government-hating friends went nuts. (Well, that’s not entirely true. They likely were already nuts.) Militias and Tea Party parasites swarmed to the area to make a stand against such “injustice.” They came armed with semi-automatic pistols and assault weapons. They waved their American flags and their “Don’t Tread On Me” flags. They screamed and shouted. They blocked roads. They threatened and assaulted BLM officials.

Never wanting to miss a good photo op and the opportunity to denounce our government, Tea Party congressional and legislative officials from several Western states, such as Arizona Rep. Paul Gosar, flocked to the area to rally the resistance. Afraid that the incident might lead to more violence, the BLM eventually released Bundy’s cattle, packed up and left. The question is: Why? Not only did Bundy act in contempt of court, his gun-wielding militia friends are guilty of transporting weapons across state lines in support of civil disorder. Should other American citizens be allowed to defy the law by threatening violence? What message does this send to the more than 18,000 other cattle owners who pay for permits to graze their cattle on public lands?

Imagine what would have happened had the Occupy Wall Street crowds armed themselves with assault weapons and refused to obey orders. Do you think the local, state and federal agents would have shown such restraint? Would government officials show such restraint when confronted by a group of armed individuals who refuse to allow the arrest of an individual guilty of other crimes, such as drug sales, especially in a minority neighborhood? Would Fox News, Americans For Prosperity and the Tea Party support them?

You know the answer.

Shoddy…er…Hobby Lobby.

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As you may know, the Supreme Court of the United States recently heard Sebelius v. Hobby Lobby Inc., a case brought against the Department of Health and Human Services by a few Christian zealots led by the founders of Hobby Lobby and Conestoga Wood. In their lawsuit, they are challenging the Affordable Care Act’s requirement that for-profit corporations must include contraceptives as part of their employee health plans. They based their argument on their religious objection to paying for many types of contraceptives that they believe, despite scientific evidence to the contrary, are forms of abortion.

Apparently, Hobby Lobby has no such concerns about breaking one of the Ten Commandments…”You shall not bear false witness against your neighbor.”

You see, in an astonishing example of hypocrisy, Hobby Lobby has long invested in companies that make the very contraceptives to which they claim to object. According to an article by Mother Jones, “Documents filed with the Department of Labor and dated December 2012—three months after the company’s owners filed their lawsuit—show that the Hobby Lobby 401(k) employee retirement plan held more than $73 million in mutual funds with investments in companies that produce emergency contraceptive pills, intrauterine devices, and drugs commonly used in abortions. Hobby Lobby makes large matching contributions to this company-sponsored 401(k).”

In fact, it appears that the court case was not even started by Hobby Lobby. It seems The Beckett Fund for Religious Liberty, a right wing Washington, DC stink tank, dreamed up the lawsuit then went in search of a plaintiff. Hobby Lobby and Conestoga Wood are merely willing participants.

In other words, Hobby Lobby shouldn’t be able to object to paying for contraceptives on religious or any other grounds. It’s difficult to argue a case on principle if you apparently have none.

T.G.F.M. (Thank God For Mississippi!)

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Last month, Arizona made national and international headlines for SB 1062, the highly discriminatory bill that would allow businesses to refuse service based on religious beliefs. In the short time between the legislature passing the bill and Governor Brewer’s veto, the state lost tens of thousands in convention and tourism business.The state also received threats from businesses considering expansion or new factories in the state. All of that put pressure on the governor. But what really forced her hand was the NFL’s threat to move next year’s Super Bowl out of the City of Glendale.

However, because the bill was being pushed by a national stink tank, Alliance Defending Freedom, it never died. Indeed, it has been sponsored in legislatures across the country. Before it was vetoed in Arizona, it was defeated in Kansas, Maine, South Dakota, and Tennessee.  Most recently, it was passed by the Mississippi state legislature and signed into law by the state’s right wing governor, Phil Bryant, making it possible for the state’s many bigots to discriminate against anyone based on so-called “religious freedom.”

Yet the media and corporations have remained largely silent about the Mississippi law. There have been no calls for boycotts. No threats from corporations. No loss of tourism.

What accounts for the muted reaction? Maybe it’s because the rest of the nation assumes that Mississippi is full of bigots. Maybe it’s because no one wants to vacation there. Maybe it’s because the potential workforce is so uneducated that no corporations want to relocate there. Face it, the expectations for Mississippi are incredibly low. The state always seems to rank near the bottom for such things as education and personal income. And it’s always near the top for welfare, food stamps, unemployment, unwanted pregnancies, discrimination and religion.

By Teapublican definition, Mississippi is the ultimate “taker” state. Yet, like most other states that rely on the largess of the federal government, it’s a reliably red state.

In fact, Mississippi is so reliably backwards, the name is often invoked in other backward states such as Arizona, where people who decry our lack of funding for education, our over-crowded prisons and our right-wing state government are often quick to say, “At least we’re not the worst state in the nation. Thank God for Mississippi!”

Supreme Injustice.

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The Supreme Court decision in McCutcheon et al v Federal Election Commission is the next step in our march from democracy to plutocracy allowing the rich to dominate our political system even more than they already have. In a series of 5-4 decisions with “conservatives” in the majority, the Court has ruled that money equals free speech; that corporations are people (at least with regard to political contributions); and that there can be no limits on the amount of money the ruling class can spend on elections.

For many years, wealthy individuals and large corporations have enjoyed greater influence and access to elected representatives than ordinary citizens. With this ruling, the wealthy will be able to literally buy them. The Koch Brothers and Sheldon Adelman are already spending billions through a complex network of Political Action Committees and Super PACs in order to sway our elections. Now they and other billionaires will be unleashed to spend monumental sums to elect candidates that will allow them to control Congress.

It’s fitting that this Supreme Court ruling comes on the heels of the death of Charles Keating, Jr. A financier and developer who was a friend of Ronald Reagan, Keating was indicted in the savings and loan scandal that cost the federal government billions. Prior to the failure of his Lincoln Savings and Loan Association, he contributed $1.3 million to the election campaigns of five US Senators in order to buy their influence to help fend off federal regulators. After Lincoln eventually failed, Keating was charged and convicted of 73 counts of fraud, racketeering and conspiracy. Although his conviction was later overturned, he eventually admitted to four counts of wire and bankruptcy fraud.

Given this latest Supreme Court ruling, there are likely to be many more Charles Keatings – those who will use their money to control tax laws; to fend off federal regulators; to eliminate regulations altogether; to scam the government and ordinary people; and to buy their way out of any legal challenges.

It has often been said that elections have consequences. It’s true. I think it’s no exaggeration to say that our democracy is now suffering the consequences of a Supreme Court majority hell-bent on unraveling our Constitution and placing us at the mercy of a government run by a privileged few…a majority given lifetime appointments by Republican presidents.

All Men Are Created Equal?

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That’s what our Declaration of Independence stated. But it wasn’t true. In fact, African-Americans were considered three-fifths of a person and held in slavery for nearly a hundred years longer. Native Americans were slaughtered and herded onto reservations in order to steal their land. Chinese-Americans were virtually enslaved to build our railroads. And women were denied the right to vote for nearly 150 years.

Even today equality still does not exist.

People of color are many times more likely to live in poverty and to be imprisoned. Gay and lesbians are only now beginning to win equal rights to marry those they love. Women are paid less for doing the same work as men. And, according to some, the plight of the wealthy is even worse. They claim to be victims of their own success and good fortune – that they are victims of class warfare. Some have even likened their plight to the Jews prior to the Holocaust.

Hmmm….

The wealthiest one percent of our population owns an overwhelming percentage of the wealth in the US yet, thanks to loopholes, they pay a smaller percentage of their income in taxes. They invest large portions of their wealth in offshore tax havens. They use their wealth to buy influence and access to government. They are even treated differently by our courts. The Supreme Court ruled that money equals free speech, so they can speak more loudly than anyone else. (In fact, the Koch brothers are now using their money to drown out the voices of ordinary citizens.) And if they break the law, they are seldom punished.

You may remember the case of the Texas teen found to be suffering from “Affluenza.” Despite the fact that he killed four people as the result of drunk driving, he was “sentenced” to an exclusive, and expensive, rehab facility.

Now there is the case of a duPont heir who was given probation for raping his three-year-old daughter because the judge decided that he “wouldn’t do well in prison.” Wouldn’t do well? Who does? When have you ever heard of a case in which a court was concerned that a poor person might not do well in prison? Some celebrate Sheriff Joe’s “Tent City” which imprisons ordinary citizens in tents without heat or air conditioning; with no toilets or running water; with punishments of bread and water; with two vegetarian meals a day (Sheriff Joe recently decided that even his notorious green baloney sandwiches are too expensive and cutting into the profit margins of his wife’s food service business). Has any court ever voiced concern that a convicted felon might not do well there? No…more like HELL NO!

Prisoners in Tent City have died from the heat without repercussions to Sheriff Joe or the facility. Yet no court has worried that other prisoners in the facility “wouldn’t do well.” Such concern is only voiced for the very wealthy on the rare occasions their highly-paid attorneys fail to get them acquitted.

All men created equal? It was a nice sentiment by Jefferson and the Founding Fathers. But it’s still only a dream.