Category Archives: Justice

Media Should Call A Filibuster A Filibuster.

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For four and a half years, Senate Republicans have made unprecedented use of the filibuster. Intended to protect the minority, the filibuster historically was used only as a last resort to prevent tyranny by the majority.

It was an extreme measure to be used in extreme circumstances.

But in the hands of Mitch McConnell and his cohorts, the filibuster has become business as usual. It has been used to block most of President Obama’s nominees to federal courts. It was used to try to block the Affordable Care Act. It was used to block nominees for director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was used to block the appointment of the head of the National Labor Relations Board. It was used to block the appointment of Elizabeth Warren to lead the Consumer Financial Protection Bureau she helped create.

And that’s just scratching the surface of procedural abuse by Republicans. Many nominations are blocked in committee through anonymous “holds.”  In Obama’s first term, there was an incident in which former Senator Jon Kyl stood on the Senate floor and, as each nominee’s name was read, repeated “I object” 70 times. As a result, our federal courts are horribly understaffed.

The irony escaped most in the media when, a short time later, in eulogizing Judge John Roll who was killed in the attack on Rep. Gabby Giffords, Kyl waxed eloquently about how Judge Roll took on extra caseloads because of the shortage of federal judges.

Despite all of this, the national media all but refuses to acknowledge abuse of the filibuster.  In most cases, the reporters don’t even mention the word. Instead, they say that the bill “failed to gain the 60 votes needed,” that the nomination “fell short of the necessary votes,” that the measure “failed to meet the procedural requirements.”

The failure is really that of the Republican Party and the media! The Republican Party failed to serve the interests of the American people. And the media failed to accurately report the Republican’s abuse of the filibuster! Maybe it’s because reporters have just tired of using the word. Or maybe they simply don’t know how to spell it.

Keep that in mind the next time you hear or read a story about a bill or nomination that is blocked in the Senate. The Senate rules only require a simple majority of 51 votes to pass legislation or to confirm nominees. The hurdle of 60 votes for any measure is the result of Teapublican obstruction, no matter what the media says.

Grand Old Party Of Hate.

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After last year’s failure to elect a president, you would think that the GOP would stop trying to be the stupid, anti-minority, anti-woman, anti-poor party.

You’d be wrong.

Confirming that the Tea Party Parasites are firmly in control of the GOP, red states across the country are refusing to expand Medicaid making it difficult for the working poor to get access to healthcare. Many states are also using bullying tactics and tricks to pass legislation that not only takes away a woman’s right to choose. The same legislation is forcing women to pay for ultrasounds they neither want nor need; to eliminate women’s health clinics; to limit women’s access to contraceptives.

Already this year, Speaker John Boehner has stated that he will not bring forward the Senate’s immigration reform bill. GOP legislators are, once again, trying to suppress the voting rights of minorities. And GOP legislators and congressmen are still trying to deny gays and lesbians the right to marry.

What all of these issues have in common is that they are attempts to deny rights to individuals.

Instead of following their oft-stated goal of limited government, GOP leaders are trying to use the government to discriminate against large segments of our population. And they’ll continue their politics of discrimination and hate until voters make them pay. Not just for a single election year, but for three or four election cycles. Long enough to force a permanent change in the party.

The New Jim Crow.

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When President Lyndon B. Johnson signed the Voting Rights Act into law in 1965, everyone thought that would be the end of Jim Crow laws that mandated segregation throughout the South and prevented African-Americans from exercising their right to vote.

Everyone was wrong!

Within days of the Supreme Court striking down the portion of the law that forced many southern states to seek pre-clearance from the Department of Justice before changing their voting laws, the Republican-dominated legislatures in Texas, North Carolina, and Georgia have introduced laws designed to restrict minority voting. South Carolina and Mississippi are also considering changes designed to marginalize minorities.

Thanks to the conservatives on the Supreme Court, minorities in these states no longer have the protection of the Department of Justice. Their only recourse is to file lawsuits. By the time these lawsuits wend their way through the court system, the damage will have already been done.

In other words, the Supreme Court and the GOP have set the Way Back Machine to 1964!

This is at the heart of the new GOP strategy. Following the Romney defeat last November, Republican strategists realized that the party was unlikely to win if Democrats continued to dominate the growing minority vote. Then the more conservative wing of the GOP stepped forward with an alternative strategy. Instead of pandering to minorities, they intend to institutionalize racism by focusing almost exclusively on white voters – particularly those struggling in the new GOP economy.

After reviewing the demographics of the 2012 presidential vote, GOP strategists discovered that there was a sizable portion of white people who didn’t vote. So the new strategy is to maximize the white vote while suppressing the votes of minorities.

If you’re white, uneducated, religious and poor, the GOP wants you.

Too Cute By Far.

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I don’t know if Edward Snowden is a hero or a traitor; an honorable whistleblower or a self-serving snitch. Those distinctions will be up to history, the public and the courts to decide. But I do know that, if his revelations ultimately show as he claims, that US spying is out of control, he is going about his mission the wrong way.

The initial revelations were really nothing surprising. But they did get the attention of the entire nation and initiated a useful discussion of how much surveillance is necessary to protect us from terrorists. In that regard, Snowden did us all a great favor.

The fact that he obtained his information through lies and deception, however, raises as many questions about his character and his methods as it does about the NSA. And the fact that he is on the run, seeking asylum from some of our nation’s adversaries, raises questions about his motives.

Snowden’s most recent claims are as unsubstantiated as they are sensational. Moreover, they have caused great embarrassment to the US and strained relationships with our allies.

All of this leads me to believe that, if Snowden’s motives were honorable, he would have approached his task in a much different way. Before going public with his revelations, he could have approached Congressmen or Senators to see if he could find a receptive ear. There are many, like Senator Ron Wyden, who would have helped him accomplish his goals in a more effective and legal, but less sensational, way. If that approach wasn’t to Snowden’s liking, he could have had the courage to stay in the US, divulge his information to the press, and continue his quest through the courts, if necessary.

If he found either of those paths too daunting, he could have protected himself by providing all of his information to his accomplice, Glenn Greenwald, as insurance that it would eventually be made public. If his goal is, indeed, to protect the American public, the American people would have his back and prevent any extraordinary consequences. He would have been viewed as the hero he apparently thinks himself to be.

But Snowden chose a more cowardly, sensational path.

As a result, he finds himself trapped in a Russian airport and denied asylum by other nations. If he returns to the US, he will be arrested and spend a lengthy time in jail while awaiting trial. If he travels to most other countries in the world, he will likely face extradition. And any nation that will grant him asylum is likely to be one in which he won’t want to live.

I, for one, will not feel sorry for him. He had other, and better, options.

The Dismal State Of Our Union.

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Upon listening to the last day of Neal Conan’s Talk of the Nation on NPR, I was surprised by Ted Koppel’s response when asked about the future. Turns out, Koppel shares many of the same concerns as I do. For what it’s worth, here is a compilation of my own views of the current state of our union and its future.

Civil Rights – How depressing that people are still struggling for civil rights nearly 150 years after the end of slavery! The Supreme Court ruling on the Voting Rights Act was a huge setback, unleashing red states to suppress minority votes.

Abortion – Although abortion was made legal in 1973, women are still fighting to wrest control of their own bodies from the old men who control our political system. Amazingly, women are now forced to fight for access to contraception!

Environment – Most Americans say they’re concerned about our environment. They just don’t act like it. Most refuse to sacrifice anything on behalf of our planet’s future.

Hunger – In the richest nation on Earth, 50 million people are unsure of where they’ll get their next meal. That includes 17 million American children!

Energy – Nearly 40 years after President Carter had solar panels installed on the White House, we’re still addicted to fossil fuels. We spill more oil than most other countries use.

Healthcare  – The dirty secret is that we have no healthcare system. We spend more than twice as much as other advanced nations, yet achieve worse outcomes. And we spend more on pharmaceuticals than the rest of the world combined.

Wall Street – Greed has turned large banks into high stakes casinos. Their gambling habit not only cost individuals and pension plans trillions…many families lost their homes. Yet any attempt to regulate these banks has been undermined by millions in lobbying efforts.

Income Disparity – The US ranks among the world’s worst nations for income inequality. 400 Americans control more wealth than half of our population, and the gap is growing. Yet Republicans believe that 47 percent are sponging off the rest!

Jobs – Simply put, we don’t have enough of them. And far too few of them pay enough to support a family. Corporate leaders and politicians, on the other hand, each make enough to support dozens of families.

Privatization – We’ve privatized prisons, prison healthcare, schools, our military, even our intelligence efforts. Although all of these efforts have proven to cost more than publicly run institutions, Republicans are pushing for even more privatization.

Pensions – We lost tens of thousands of employee pensions over the past 40 years, replaced by IRAs and 401Ks which were originally intended to supplement defined benefit pension plans. The money once used for employee benefits now lines the pockets of CEOs, executives and investors.

Politics – Our politics have continued to move to the right, even though our population hasn’t. When Republicans are in control, they unabashedly cram through partisan legislation. When Democrats are in control, they tentatively nibble around the margins instead of doing what they were elected to do. Both parties rely on large corporations to finance their political campaigns.

Tea Party – This is a relatively small group that has had a large impact. Based on lies and meanness, it seems its goal is to take us back to the 16th Century.

Surveillance – Following 9/11, we traded privacy for increased security. The NSA tracks records of our phone calls, search engine terms and emails. Banks and credit card companies track our purchases. And surveillance cameras are everywhere.

Guns – While the NRA works to increase the availability of guns, even for criminals and the mentally ill, manufacturers make guns ever more lethal.

Education – Thanks to conservatives, public education is underfunded and teachers are woefully underpaid. Enough said.

Science – Many now claim that evolution is merely a theory. But so is gravity! Of course, these people also deny man’s affect on climate change. (See education.)

Religious Intolerance – Islam is not the only religion with extremists. The intolerance of all religions seems to be growing.

Anger and Pettiness – Within 20 years of the end of the Fairness Doctrine, 91 percent of talk radio was conservative…mean, angry, venomous Rush Limbaugh-style conservative… and it’s getting worse. (See Tea Party)

War – There’s no denying it. The US absolutely LOVES war. We glorify soldiers and their war machines with military-style ceremonies and flyovers at nearly every large event. And we spend hundreds of billions on “defense” to build bigger, badder war toys.

Iraq – Iraq cost us trillions of dollars and thousands of lives. The result of our sacrifices is that we have turned Iraq into a vassal state of radical Iran.

Afghanistan – Despite setting a deadline for withdrawal, there is no clear outcome for this war. We may leave the country no better off than it was when we arrived.

Syria – Yet another opportunity to dive into a war with no real reason or plan. But it is a war and some of our politicians don’t want to be left out.

War on Drugs – This “war” may have ruined more lives than the drugs themselves. It disproportionately affects minorities, filling our prisons to overflowing. Indeed, we have a larger prison population than any other nation.

Militarization of Police – As our soldiers return from war, they’re increasingly hired by police departments. As a result, police become ever more militarized…with assault weapons and assault vehicles…and further removed from ordinary citizens.

Journalism – In the 1980’s, TV networks began measuring the success of their news organizations by ratings which instantly sensationalized the news and created the “sound bite.”  Worse, most news groups have lost their independence as they were gobbled up by conglomerates.

With all this, it’s difficult to be optimistic about the future, but the pendulum may soon swing the other way. I hope so.

The States’ Rights Court.

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Now that the Supreme Court of the United States has ruled on three highly controversial cases, it seems that the decisions all have one thing in common – a desire to protect states’ rights. Even though the justices behind the majority opinions changed from one case to another, the Court showed a willingness to defer, when possible, to the states.

In the case of the VRA (Voting Rights Act), it seems that the majority believes that the VRA is an intrusion on the affected states. In voiding the criteria for pre-clearance of changes in voting laws in states that have a history of discriminating against minorities, the Court challenged Congress to create new criteria that reflect today’s political environment.

Disregarding the fact that the VRA has been a target of John Roberts since 1980, the majority opinion seems to be a win for those who believe in states’ rights. Unfortunately, on the issue of voting rights, many of our states have demonstrated that they can’t be trusted to protect the voting rights of minorities. In states like Alabama and Texas, the ink on the Court’s opinion wasn’t dry before Republican legislators introduced new efforts to suppress minority votes. Indeed, the Republican Party has been trying to suppress minority votes across the country.

If the Court was serious about protecting voting rights, it would have subjected all states to pre-clearance of changes in voting laws. It most certainly wouldn’t have passed responsibility along to our dysfunctional Congress.

In the cases of Prop 8 and DOMA, a different majority of the Court ruled. But the outcome was much the same.

On Prop 8, the Court ruled that, since the State of California chose not to defend the constitutionality of its own law in court, surrogates could not. On DOMA, the majority ruled that the legality of gay marriage is up to individual states, and it ruled that the federal government cannot deny benefits to gay couples who have been legally married.

As you can see, both of these rulings also seem to support states’ rights.

If the Roberts Court is so committed to protecting states’ rights over the federal government, a position most famously attributed to Thomas Jefferson, the justices would be wise to remember what Jefferson wrote in defense of separation of Church and State: “The legitimate powers of government extend to such acts only as are injurious to others. But it does me no injury for my neighbour to say there are twenty gods, or no god. It neither picks my pocket nor breaks my leg.”

The same reasoning would be well applied to all civil rights. To paraphrase: The right of other citizens to vote, or to marry whom they choose, does me no injury. It neither picks my pocket nor breaks my leg.

The South Will Rise Again!

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The Supreme Court’s 5-4 decision to shoot down sections of the Voting Rights Act may be one giant step backward in our nation’s centuries-long fight for equality and civil rights. It also represents an unprecedented power grab by the Court.

The Voting Rights Act was passed by Congress and signed into law by President Lyndon Johnson to prevent widespread voter suppression throughout the South. The law required offending states to obtain pre-clearance by the DOJ (Department of Justice) for changes in voting laws, including any attempts at redistricting aimed at marginalizing the minority vote. For years, this mandate has not only helped African-Americans and Latinos vote, it has helped them get the representation they deserve.

Yet, despite the law, states have never stopped trying to block minority votes.

For example, just last year, the DOJ prevented Houston, Texas from reducing voting centers from 84 to just 12. The plan was to eliminate voting centers in predominately African-American areas of the city. And last year, Teapublican-controlled legislatures throughout the country imposed strict new voter ID laws aimed at reducing minority voter turnout for President Obama. They also drastically reduced polling hours in some states, forcing minorities to stand in line up to 6 hours in order to vote.

All of this has been done under the guise of “vote integrity” to prevent felons and undocumented immigrants from voting, despite the fact there is absolutely no evidence of such illegal voting.

In gutting the Voting Rights Act, which was renewed by Congress in 2006 with near unanimous support, the Court has, in essence, overruled Congress. And, by stating that it is now up to Congress to come up with a new and more equitable way to enforce voting rights, it has given Congress a task the Teapublican-controlled House and the filibuster-prone Senate are clearly not capable of handling.

As a result, racists in Congress and in legislatures throughout the nation, particularly in the Old South and in Arizona, will feel free to run amok again. If you doubt this, all you have to do is to look at the way Teapublicans have pushed through Voter ID laws and anti-abortion laws with an array of bullying tactics and parliamentary tricks.

It’s Difficult To Disprove A Negative.

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Whenever someone accuses the government of a scandal, it’s almost impossible to disprove it. That’s because the accusation makes headlines. The truth doesn’t.

Nobody understands this principle better than Teapublicans.

When Bill Clinton was elected to the White House, he was forced to disprove a constant wave of scandals created by the GOP. Now it’s President Obama’s turn. That’s why we’ve seen a flurry of scandalous accusations about Fast & Furious, drones, Benghazi, the IRS, and NSA.

The headlines have been damning – based on outrageous claims by Rep. Darrell Issa, Sen. Lindsey Graham, Speaker John Boehner, Sen. Mitch McConnell and others. The truth has been less interesting.

For example, Issa made claims that Fast & Furious was a large scale gun-running operation overseen by Attorney General Eric Holder. The reality is that it was a small localized operation by a unit of the ATFE frustrated by Arizona’s lax gun laws and the inability to prosecute straw buyers.

Issa and others made the sensational claim that the president and former Secretary of State Hillary Clinton ignored the danger to diplomats in Libya then covered up their failures. The reality is that Ambassador Stevens twice rejected increased security and the talking points released by Susan Rice were crafted by the CIA and mid-level State Dept. officials.

Teapublicans claim that IRS scrutiny of Tea Party organizations seeking nonprofit status was orchestrated by the White House and President Obama. The truth is, the IRS director was a Bush appointee and, according to testimony by an IRS supervisor in charge (who is, incidentally, a self-described conservative Republican), the scrutiny of Tea Party groups was not ordered by the administration and was not politically motivated.

Teapublicans and many Democrats claim that NSA collection of data demonstrates that President Obama is an authoritarian fascist operating in defiance of the 4th amendment of the Constitution. The truth is, the NSA program began immediately following 9/11 and the Obama administration reigned it in, eliminating warrantless wiretaps and clearing the collection of data through the FISA court and Congress. Interestingly, the people of Europe were aware of our program long before Snowden’s revelations and the overwhelming majority approve of it.

All of this proves that, now that our press is driven by ratings and sensationalism rather than a desire to inform, unscrupulous politicians can take advantage of it. And no politicians are more unscrupulous than today’s Republican Party.

Visit To The Border Exposes The Complexity Of Immigration.

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My wife and I recently traveled to the border town of Douglas, Arizona. Along the way, we passed dozens of Border Patrol pickup trucks and two checkpoints. Upon arriving in Douglas, we were greeted by an imposing wall stretching along the border and a town in visible decay.

You see, Douglas was once a shopping destination for Mexican families. Many drove for miles to purchase items that were difficult to find or too expensive in their own country. Many walked across the border to work. Families lived on both sides of the border. All of this is readily confirmed with a quick glance at many of the business signs, which are in Spanish. Not English. After all, this land was owned by Mexico long before it was transferred to the United States.

Unfortunately, much of that cross-border commerce seems to have come to an end. Many of the storefronts are empty and many buildings are boarded up. It is now much more difficult to cross the border and there are far too many incidents in which Mexican citizens have been detained or threatened. It appears that many Americans have also avoided the area.

These are just a few of the consequences of our failed immigration policy.

Other consequences include the blight of our modern day “Great Wall” or “Iron Curtain.” It’s nearly as expensive and no more successful. The wall has reduced the number of migrants crossing the border illegally. And it has blocked the traditional migratory patterns of wildlife, maybe speeding some desert animals on their way to extinction. But it hasn’t stopped the traffic of illegal drugs. It has simply funneled them into a concentrated area which has posed a danger to ranchers and other residents in the area on both sides of the border.

This is no way to deal with immigration.

If we’re to get a handle on the issue, we must pass legislation that creates work permits. We must create an effective national ID system. We must make it easy for businesses to verify workers before hiring them, and we must make it easy to prosecute businesses who hire undocumented workers. We must create a path to citizenship for those who are already here, especially the “dreamers” (those who were brought here at an early age by their parents). And we must stop our large agribusiness corporations from dumping subsidized corn into Mexico and Central America, making it impossible for small farmers to make a living and forcing them to seek employment elsewhere.

Perhaps, most important, we should decriminalize drugs and make them available with a prescription from pharmacies. That would take the profit out of the illegal drug trade and force the drug cartels to find a new occupation. It would depopulate many of our prisons, saving billions in taxes. It would also eliminate the need for “users” to deal with criminals and to commit crimes in order to purchase their drugs.

Well, I can dream, can’t I?

A Fine Example Of An Arizona Conservative.

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Last Tuesday, a federal jury convicted former Arizona Congressman “Slick” Rick Renzi on 17 counts, including wire fraud, conspiracy, extortion, racketeering, money laundering and making false statements to insurance regulators. He was acquitted on 15 other felony charges because some evidence was ruled inadmissible.

I was especially interested in the outcome of the case, since the Republican’s conviction confirmed my character judgment. You see, Renzi represented my congressional district, and I became convinced of his corruption after my very first exposure to Mr. Slick. Indeed, only months afterward, rumors of Renzi’s abuse of power began to surface.

Renzi was indicted on charges that, while in office, he tried to force a mining company to purchase a former business associate’s land as part of a federal land exchange for copper mining. When the mining company balked, he engineered another federal land swap that included a payment of $4.6 million for land owned by James Sandlin, who then paid Renzi $733,000 for his help.

Renzi was also charged with embezzling more than $400,000 of customer premiums from his insurance business in order to fund his 2002 congressional campaign.

“Former Congressman Renzi’s streak of criminal activity was a betrayal of the public trust and abuse of the political process,” said Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division in a statement released after the verdict. “Mr. Renzi now faces the consequences for breaking the laws that he took an oath to support and defend.”

Sadly, Renzi’s conviction isn’t the end of political corruption in Arizona. But it’s a start.