May 2013 archive

Cross Posted from The Stars Hollow Gazette

The Republicans have been screaming cover-up for months over the attack on the American diplomatic mission at Benghazi, in Libya on September 11, 2012 that took the lives of U.S. Ambassador J. Christopher Stevens and three other Americans. One of the accusations surrounded e-mails between the White House, the State Department and the CIA was that there was an intentional downplay of the motive for the September 11 attack.

Based on e-mails that were leaked, the Republicans claimed that the White House had changed the talking points to edit out “terrorism” in an effort to down play the attack just before the election. In an attempt to quell the GOP’s uproar, the White House released a 100 pages of e-mails to the public to disprove the cover-up allegations. Guess what, like true to from politicians trying to make a mountain out of a molehill, they fabricated the so-called quotes to create a scandal. The quotes that were cited by Republicans as accurate are far different than which is in the actual emails.

CBSNews‘ Major Garrett broke the story on its Evening News:

On Friday, Republicans leaked what they said was a quote from (deputy national security adviser Ben) Rhodes: “We must make sure that the talking points reflect all agency equities, including those of the State Department, and we don’t want to undermine the FBI investigation.”

But it turns out that in the actual email, Rhodes did not mention the State Department.

It read: “We need to resolve this in a way that respects all of the relevant equities, particularly the investigation.”

Republicans also provided what they said was a quote from an email written by State Department spokesman Victoria Nuland.

The Republican version quotes Nuland discussing, “The penultimate point is a paragraph talking about all the previous warnings provided by the Agency (CIA) about al-Qaeda’s presence and activities of al-Qaeda.”

The actual email from Nuland says: “The penultimate point could be abused by members to beat the State Department for not paying attention to Agency warnings.”

There is no indications that the White House “fixed” the talking  points. This is a purely manufactured conspiracy by the Republicans to discredit, not just the White House, but the State Department and Hillary Rodham Clinton for political advantage.

This isn’t Watergate this is Whitewater. There nothing there, never was but that won’t stop the right wing lying smear machine from wasting millions of tax payer dollars digging more holes:

Brendan Buck, a spokesman for Republican House speaker John Boehner, made it clear that it will not be giving up the fight. “This release is long overdue and there are relevant documents the administration has still refused to produce. We hope, however, that this limited release of documents is a sign of more co-operation to come,” Buck said.

Never mind that they lied. Keep digging your own grave, guys.

h/t John Aravosis at Americablog

Welcome to the Health and Fitness News, a weekly diary which is cross-posted from The Stars Hollow Gazette. It is open for discussion about health related issues including diet, exercise, health and health care issues, as well as, tips on what you can do when there is a medical emergency. Also an opportunity to share and exchange your favorite healthy recipes.

Questions are encouraged and I will answer to the best of my ability. If I can’t, I will try to steer you in the right direction. Naturally, I cannot give individual medical advice for personal health issues. I can give you information about medical conditions and the current treatments available.

You can now find past Health and Fitness News diaries here and on the right hand side of the Front Page.

The pickled vegetables make great snacks and hors d’oeuvres. They look beautiful on a platter. They’re also good with a sandwich or with cottage cheese, a quick and easy way to make vegetables part of your lunch.

Note that this week we are not including nutritional information with the recipes. It isn’t possible to do the analyses accurately, because we don’t know how much of each vegetable you will eat, and each vegetable absorbs a slightly different amount of brine and ingredients in the brine. I weighed the brine before and 10 days after pickling each vegetable and found that not much of the brine had actually been absorbed. As for the yield and serving sizes, the recipes make 1 to 2 cups of pickled vegetables. The number of servings really depends on how you are serving them. They will serve more as a nibble than as a salad or side.

~Martha Rose Shulman~

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

Click on image to enlarge

May 17 is the 137th day of the year (138th in leap years) in the Gregorian calendar. There are 228 days remaining until the end of the year.

On this day in 1954, in a major civil rights victory, the U.S. Supreme Court hands down an unanimous decision in Brown v. Board of Education of Topeka, ruling that racial segregation in public educational facilities is unconstitutional. The historic decision, which brought an end to federal tolerance of racial segregation, specifically dealt with Linda Brown, a young African American girl who had been denied admission to her local elementary school in Topeka, Kansas, because of the color of her skin.

Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which allowed state-sponsored segregation. Handed down on May 17, 1954, the Warren Court’s unanimous (9-0) decision stated that “separate educational facilities are inherently unequal.” As a result, de jure racial segregation was ruled a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. This ruling paved the way for integration and the civil rights movement.

Supreme Court Review

The case of Brown v. Board of Education as heard before the Supreme Court combined five cases: Brown itself, Briggs v. Elliott (filed in South Carolina), Davis v. County School Board of Prince Edward County (filed in Virginia), Gebhart v. Belton (filed in Delaware), and Bolling v. Sharpe (filed in Washington D.C.).

All were NAACP-sponsored cases. The Davis case, the only case of the five originating from a student protest, began when sixteen-year-old Barbara Rose Johns organized and led a 450-student walkout of Moton High School.

The Kansas case was unique among the group in that there was no contention of gross inferiority of the segregated schools’ physical plant, curriculum, or staff. The district court found substantial equality as to all such factors. The Delaware case was unique in that the District Court judge in Gebhart ordered that the black students be admitted to the white high school due to the substantial harm of segregation and the differences that made the schools separate but not equal. The NAACP’s chief counsel, Thurgood Marshall, who was later appointed to the U.S. Supreme Court in 1967, argued the case before the Supreme Court for the plaintiffs. Assistant attorney general Paul Wilson, later distinguished emeritus professor of law at the University of Kansas, conducted the state’s ambivalent defense in his first appellate trial.

Unanimous Opinion and Key Holding

In spring 1953 the Court heard the case but was unable to decide the issue and asked to rehear the case in fall 1953, with special attention to whether the Fourteenth Amendment’s Equal Protection Clause prohibited the operation of separate public schools for whites and blacks.

The case was being reargued at the behest of Associate Justice Felix Frankfurter, who used re-argument as a stalling tactic, to allow the Court to gather a unanimous consensus around a Brown opinion that would outlaw segregation. Chief Justice Vinson had been a key stumbling block. The justices in support of desegregation spent much effort convincing those who initially dissented to join a unanimous opinion. Even though the legal effect would be same for a majority versus unanimous decision, it was felt that it was vital to not have a dissent which could be relied upon by opponents of desegregation as a legitimizing counterargument.

Conference notes and draft decisions illustrate the division of opinions before the decision was issued. Justices Douglas, Black, Burton, and Minton were predisposed to overturn Plessy. Fred M. Vinson noted that Congress had not issued desegregation legislation; Stanley F. Reed discussed incomplete cultural assimilation and states’ rights and was inclined to the view that segregation worked to the benefit of the African-American community; Tom C. Clark wrote that “we had led the states on to think segregation is OK and we should let them work it out.” Felix Frankfurter and Robert H. Jackson disapproved of segregation, but were also opposed to judicial activism and expressed concerns about the proposed decision’s enforceability. After Vinson died in September 1953, President Dwight D. Eisenhower appointed Earl Warren as Chief Justice. Warren had supported the integration of Mexican-American students in California school systems following Mendez v. Westminster.

While all but one justice personally rejected segregation, the self-restraint faction questioned whether the Constitution gave the Court the power to order its end. The activist faction believed the Fourteenth Amendment did give the necessary authority and were pushing to go ahead. Warren, who held only a recess appointment, held his tongue until the Senate, dominated by southerners, confirmed his appointment.

Warren convened a meeting of the justices, and presented to them the simple argument that the only reason to sustain segregation was an honest belief in the inferiority of Negroes. Warren further submitted that the Court must overrule Plessy to maintain its legitimacy as an institution of liberty, and it must do so unanimously to avoid massive Southern resistance. He began to build a unanimous opinion.

Although most justices were immediately convinced, Warren spent some time after this famous speech convincing everyone to sign onto the opinion. Justices Robert Jackson and Stanley Reed finally decided to drop their dissent to what was by then an opinion backed by all the others. The final decision was unanimous. Warren drafted the basic opinion and kept circulating and revising it until he had an opinion endorsed by all the members of the Court.

Holding

The key holding of the Court was that, even if segregated black and white schools were of equal quality in facilities and teachers, segregation by itself was harmful to black students and unconstitutional. They found that a significant psychological and social disadvantage was given to black children from the nature of segregation itself, drawing on research conducted by Kenneth Clark assisted by June Shagaloff. This aspect was vital because the question was not whether the schools were “equal”, which under Plessy they nominally should have been, but whether the doctrine of separate was constitutional. The justices answered with a strong “no”:

   Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other “tangible” factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does… Segregation of white and colored children in public schools has a detrimental effect upon the colored children. The impact is greater when it has the sanction of the law, for the policy of separating the races is usually interpreted as denoting the inferiority of the negro group. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law, therefore, has a tendency to [retard] the educational and mental development of negro children and to deprive them of some of the benefits they would receive in a racial[ly] integrated school system… We conclude that, in the field of public education, the doctrine of “separate but equal” has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.

Cross posted from The Stars Hollow Gazette

“Our liberty depends on the freedom of the press, and that cannot be limited without being lost.”

Thomas Jefferson to Dr. James Currie, January 28, 1786

Since the news broke that the Department of Justice had secretly seized two months of phone records of the Associated Press reporters and editors, it has had chilling effect on the future ability of reporters to gather information from anonymous sources. On May 15, The New Yorker launched Strongbox “an online place where people can send documents and messages to the magazine,” affording a reasonable amount of anonymity:

It was put together by Aaron Swartz, who died in January, and Kevin Poulsen. Kevin explains some of the background in his own post, including Swartz’s role and his survivors’ feelings about the project. (They approve, something that was important for us here to know.) The underlying code, given the name DeadDrop, will be open-source, and we are very glad to be the first to bring it out into the world, fully implemented.

Click on image to enlarge

To get to Strongbox and begin using it to contact writers and editors at The New Yorker, just follow these two steps:

   (1) Download and install software to access the Tor Project: https://www.torproject.org/ This should only take a few minutes.

   (2)Once you have access to the Tor network, go to Strongbox at http://tnysbtbxsf356hiy.onion, where you will find further instructions on how to submit files and messages to The New Yorker.

Strongbox and Aaron Swartz

by Kevin Poulson

Aaron Swartz was not yet a legend when, almost two years ago, I asked him to build an open-source, anonymous in-box. His achievements were real and varied, but the events that would come to define him to the public were still in his future: his federal criminal indictment; his leadership organizing against the censorious Stop Online Piracy Act; his suicide in a Brooklyn apartment. I knew him as a programmer and an activist, a member of a fairly small tribe with the skills to turn ideas into code-another word for action-and the sensibility to understand instantly what I was looking for: a slightly safer way for journalists and their anonymous sources to communicate.

There’s a growing technology gap: phone records, e-mail, computer forensics, and outright hacking are valuable weapons for anyone looking to identify a journalist’s source. With some exceptions, the press has done little to keep pace: our information-security efforts tend to gravitate toward the parts of our infrastructure that accept credit cards.

Rachel Maddow interviewed the editor of The New Yorker magazine’s web site, Nicholas Thompson, about their “Strongbox” submission tool that allows sources to remain anonymous and untraceable when they submit a story tip.

This is how far we have come to protect the press and our constitutional right to know what the government is doing in our name. Thank you, Aaron and Kevin.