July 24, 2015 archive

The Slaughter of Nine African Americans an Act of Terrorism

Cross Posted from The Stars Hollow Gazette

Attorney General Loretta Lynch announced a 33 count indictment against Dylann Roof on federal hate-crime charges for the June 17 killing of nine African American worshipers in Charleston, South Carolina This leaves a bigger question that was asked by Jenna McLaughlin at “The Intercept,” why wasn’t Roof charged with terrorism?

Some media outlets, lawyers, public figures and activists have called for Roof to be charged not just with a hate crime, an illegal act “motivated in whole or in part by an offender’s bias,” but with the separate label of domestic terrorism. Critics contend that the label of terrorism is too often only applied to Islamic extremists, and not white supremacists or anti-government anarchists. Many were outraged after FBI Director James Comey balked at the term during a June 20 press conference, telling reporters he didn’t see the murders “as a political act,” a requirement he designated as necessary for terrorism.

Roof’s crime certainly seems to fit the federal description of domestic terrorism, which the FBI defines as “activities … [that] involve acts dangerous to human life that violate federal or state law … appear intended to (i) intimidate or coerce a civilian population, (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.” [..]

It turns out there was one major obstacle in charging Roof with domestic terrorism: The crime does not exist. [..]

Even when the USA Patriot Act, post 9/11, redefined terrorism to include domestic crimes, the provision simply allowed the government to investigate more broadly what it called “terrorism.” Actually charging someone with domestic terrorism remains a separate matter. Even criminals who use bombs or send money to ISIS – or Boston Marathon bomber Dzhokhar Tsarnaev – are not charged with the crime of terrorism. [..]

But shootings, regardless of motivation, intention or number of deaths, likely don’t count. “It doesn’t seem like a shooting would fit,” says Faiza Patel, co-director of the Brennan Center’s Liberty and National Security Program. “Or else a lot of crime would get caught up” in the terrorism net, she tells me.

There are, however, “aggravating factors” to be considered during sentencing, which prosecutors usually list on a formal indictment, and which can be used to determine whether the death penalty is justified, and those include “substantial planning and premeditation,” to”cause the death of a person” or “commit an act of terrorism.”

In Roof’s case, the DOJ did not mention terrorism as an aggravating factor, but did reference (pdf) “substantial planning and premeditation to cause the death of a person” for several of his charges.[..]

Lynch did not explain why “terrorism” was not listed as an aggravating factor in Roof’s indictment, though she did emphasize that the DOJ views hate crimes as “the original domestic terrorism.” She noted that Roof’s case, including his “discriminatory views towards African Americans” and his decision to target “parishioners at worship,” made his crime a clear-cut case of a federal hate crime. [..]

Lynch was asked whether or not there should be a federal domestic terrorism penalty to help bridge the gap between crimes like the shooting of five military personnel in Chatanooga, Tennessee – which was immediately branded as terrorism, by law enforcement and media alike – and Roof’s case, which was not. Lynch acknowledged the argument that leaving out the word terrorism may cause people to feel like the government “doesn’t consider those crimes as serious.”

Ms. McLaughlin is incorrect in her statement that “domestic terrorism” does not exist in the law. This FBI’s definition of 18 U.S.C. § 2331 which defines “international terrorism” and “domestic terrorism” for purposes of Chapter 113B of the Code, entitled “Terrorism”:

“International terrorism” means activities with the following three characteristics:

   Involve violent acts or acts dangerous to human life that violate federal or state law;

   Appear to be intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and

   Occur primarily outside the territorial jurisdiction of the U.S., or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum.*

“Domestic terrorism” means activities with the following three characteristics:

   Involve acts dangerous to human life that violate federal or state law;

   Appear intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination. or kidnapping; and

   Occur primarily within the territorial jurisdiction of the U.S.

18 U.S.C. § 2332b defines the term “federal crime of terrorism” as an offense that:

   Is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct; and

   Is a violation of one of several listed statutes, including § 930(c) (relating to killing or attempted killing during an attack on a federal facility with a dangerous weapon); and § 1114 (relating to killing or attempted killing of officers and employees of the U.S.)

Emphasis mine

And just as a note, to those in this piece who don’t think that guns are not “dangerous weapons,” well, they are

By his own statement and the fact that Rev. Clementa Pinckney was an elected state official, Dylann Roof’s acts, under this definition, is clearly an act of terrorism.

The argument against the charge of terrorism by a young white man who was clearly influenced by the politics of racial hatred is specious. It is clearly indicative of the Obama administration and its Justice Department think that black lives do not matter as much as instilling the fear in US citizens of attacks by those who have been influenced by Islamic extremism. Racism is political and it is an extremist view and it is endemic in this country. it is long past time that the law is brought down to bear on the greater threat that racism is to Americans and our democracy.  

The Ghost of Judith Miller: NYT Still Shilling For Government

Cross posted from The Stars Hollow Gazette

In 2004 a editorial, the editors of The New york Times profoundly apologized for its complicity in the run up to the Iraq war and for not having been more aggressive in its examination of the claims made by government officials. Much of the blame for the erroneous reporting was placed on one writer, Judith Miller, who resigned from the paper. But still today, despite the promises to be more questioning of anonymous sources, the spirit Judith Miller persists in the Times reporting on national security and international affairs. As Glenn Greenwald observes in  his article at The Intercept, the writers are still blithely taking to word of anonymous sources as the truth.

Let’s look at an illustrative example from yesterday to see how this toxic process works. The New York Times published an article about ISIS by Eric Schmitt and Ben Hubbard based entirely and exclusively on unproven claims from officials of the U.S. government and its allies, to whom they (needless to say) granted anonymity. The entire article reads exactly like an official press release: Paragraph after paragraph does nothing other than summarize the claims of anonymous officials, without an iota of questioning, skepticism, scrutiny or doubt.

Among the assertions mindlessly repeated by the Paper of Record from its beloved anonymous officials is this one:

The Islamic State has also studied revelations from Edward J. Snowden, the former National Security Agency contractor, about how the United States gathers information on militants. A main result is that the group’s top leaders now use couriers or encrypted channels that Western analysts cannot crack to communicate, intelligence and military officials said.

Leave to the side the banal journalistic malpractice of uncritically parroting the self-serving claims of anonymous officials, supposedly what the paper is so horrified at Judy Miller for having done. Also leave to the side the fact that the U.S. government has been anonymously making these Helping-The-Enemy claims not just about Snowden but about all whistleblowers for decades, back to Daniel Ellsberg, if not earlier. Let’s instead focus on this: the claim itself, on the merits, is monumentally stupid on multiple levels: self-evidently so.

To begin with, The Terrorists™ had been using couriers and encryption for many, many years before anyone knew the name “Edward Snowden.” Last August, after NPR uncritically laundered claims that Snowden revelations had helped The Terrorists™, we reported on a 45-page document that the U.K. government calls “the Jihadist Handbook,” written by and distributed among extremist groups, which describes in sophisticated detail the encryption technologies, SIM card-switching tactics and other methods they use to circumvent U.S. surveillance. Even these 2002/2003 methods were so sophisticated that they actually mirror GCHQ’s own operational security methods for protecting its communications.

This “Jihadist Handbook” was written in 2002 or 2003: more than a full decade before any Snowden revelations. Indisputably, terrorists have known for a very long time that the U.S. government and its allies are trying to intercept their communications, and have long used encryption and other means to prevent that.

The New York Times‘ claim that ISIS learned to use couriers as a result of the Snowden revelations is almost a form of self-mockery. Few facts from Terrorism lore are more well-known than Osama bin Laden’s use of couriers to avoid U.S. surveillance. A 2011 article from the Washington Post – more than two years before the first Snowden story – was headlined: “Al-Qaeda couriers provided the trail that led to bin Laden.” It described how “Bin Laden strictly avoided phone or e-mail communications for fear that they would be intercepted.” [..]

If one were engaged in journalism, one would include some of these facts in order to scrutinize, question and express skepticism about the claims of anonymous officials that ISIS now uses encryption and couriers because of Snowden reporting. But if one is engaged in mindless, subservient pro-government stenography, one simply grants anonymity to officials and then uncritically parrots their facially dubious claims with no doubt or questioning of any kind. Does anyone have any doubts about what these New York Times reporters are doing in this article?

There’s one more point worth noting about the New York Times‘ conduct here. As has been documented many times, Edward Snowden never publicly disclosed a single document: Instead, he gave the documents to journalists and left it up to them to decide which documents should be public and which ones should not be. As I’ve noted, he has sometimes disagreed with the choices journalists made, usually on the ground that documents media outlets decided to publish should have, in his view, not been published. [..]

Look at what the New York Times, yet again, has done. Isn’t it amazing? All anyone in government has to do is whisper something in its journalists’ ears, demand anonymity for it, and instruct them to print it. Then they obey. Then other journalists treat it as Truth. Then it becomes fact, all over the world. This is the same process that enabled the New York Times, more than any other media outlet, to sell the Iraq War to the American public, and they’re using exactly the same methods to this day. But it’s not just their shoddy journalism that drives this but the mentality of other “journalists” who instantly equate anonymous official claims as fact.

You can read the entirety of Glenn’s article at “The Intercept.”

Cartnoon

The Breakfast Club (A Sense of Purpose)

Welcome to The Breakfast Club! We’re a disorganized group of rebel lefties who hang out and chat if and when we’re not too hungover  we’ve been bailed out we’re not too exhausted from last night’s (CENSORED) the caffeine kicks in. Join us every weekday morning at 9am (ET) and weekend morning at 10:30am (ET) to talk about current news and our boring lives and to make fun of LaEscapee! If we are ever running late, it’s PhilJD’s fault.

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This Day in History

A key ruling during the Watergate scandal; Nixon and Khrushchev hold a ‘kitchen debate’ during the Cold War; Brigham Young and Mormon followers arrive in present-day Utah; Apollo 11’s crew returns home.

Breakfast Tunes

Something to Think about over Coffee Prozac

There is a longing among all people and creatures to have a sense of purpose and worth. To satisfy that common longing in all of us we must respect each other.

Chief Dan George

On This Day In History July 24

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 images to enlarge.

June 24 is the 175th day of the year (176th in leap years) in the Gregorian calendar. There are 190 days remaining until the end of the year.

On this day in 1957, the U.S. Supreme Court rules that obscenity is not protected by the First Amendment.

Roth v. United States, along with its companion case, Alberts v. California, was a landmark case before the United States Supreme Court which redefined the Constitutional test for determining what constitutes obscene material unprotected by the First Amendment.

Prior history

Under the common law rule that prevailed before Roth, articulated most famously in the 1868 English case Hicklin v. Regina, any material that tended to “deprave and corrupt those whose minds are open to such immoral influences” was deemed “obscene” and could be banned on that basis. Thus, works by Balzac, Flaubert, James Joyce and D. H. Lawrence were banned based on isolated passages and the effect they might have on children.

Samuel Roth, who ran a literary business in New York City, was convicted under a federal statute criminalizing the sending of “obscene, lewd, lascivious or filthy” materials through the mail for advertising and selling a publication called American Aphrodite (“A Quarterly for the Fancy-Free”) containing literary erotica and nude photography. David Alberts, who ran a mail-order business from Los Angeles, was convicted under a California statute for publishing pictures of “nude and scantily-clad women.” The Court granted a writ of certiorari and affirmed both convictions.

The case

Roth came down as a 6-3 decision, with the opinion of the Court authored by William J. Brennan, Jr.. The Court repudiated the Hicklin test and defined obscenity more strictly, as material whose “dominant theme taken as a whole appeals to the prurient interest” to the “average person, applying contemporary community standards.” Only material meeting this test could be banned as “obscene.” However, Brennan reaffirmed that obscenity was not protected by the First Amendment and thus upheld the convictions of Roth and Alberts for publishing and sending obscene material over the mail.

Congress could ban material, “utterly without redeeming social importance,” or in other words, “whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to the prurient interest.”

With the Court unable to agree as to what constituted obscenity, the Justices were put in the position of having to personally review almost every obscenity prosecution in the United States, with the Justices gathering for weekly screenings of “obscene” motion pictures (Black and Douglas pointedly refused to participate, believing all the material protected). Meanwhile, pornography and sexually oriented publications proliferated as a result of the Warren Court’s holdings, the “Sexual Revolution” of the 1960s flowered, and pressure increasingly came to the Court to allow leeway for state and local governments to crack down on obscenity. During his ill-fated bid to become Chief Justice, Justice Abe Fortas was attacked vigorously in Congress by conservatives such as Strom Thurmond for siding with the Warren Court majority in liberalizing protection for pornography. In his 1968 presidential campaign, Richard Nixon campaigned against the Warren Court, pledging to appoint “strict constructionists” to the Supreme Court.

The demise of Roth

In Miller v. California (1973), a five-person majority agreed for the first time since Roth as to a test for determining constitutionally unprotected obscenity, superseding the Roth test. By the time Miller was considered in 1973, Brennan had abandoned the Roth test and argued that all obscenity was constitutionally protected, unless distributed to minors or unwilling third-parties.

The Daily/Nightly Show (‘Burbs)

Discontinuity

Why do Greeks make the best Pizza?

Next week’s guests-

Ta-Nehisi Coates will be on to talk about Between the World and Me.

Between the World and Me” (which takes its title from a Richard Wright poem) offers an abbreviated portrait of the author’s life at home, focusing mainly on the fear he felt growing up. Fear of the police, who he tells his son “have been endowed with the authority to destroy your body,” and who also possess a dominion of prerogatives that include “friskings, detainings, beatings, and humiliations.” And fear of the streets where members of crews – “young men who’d transmuted their fear into rage” – might “break your jaw, stomp your face, and shoot you down to feel that power, to revel in the might of their own bodies,” where death might “billow up like fog” on an ordinary afternoon.

The “need to be always on guard” was exhausting, “the slow siphoning of essence,” Mr. Coates writes. He “feared not just the violence of this world but the rules designed to protect you from it, the rules that would have you contort your body to address the block, and contort again to be taken seriously by colleagues, and contort again so as not to give police a reason.”

Mr. Coates – a national correspondent for The Atlantic – contrasts this world of the streets with the “other world” of suburbia, “organized around pot roasts, blueberry pies, fireworks, ice cream sundaes, immaculate bathrooms, and small toy trucks that were loosed in wooded backyards with streams and glens.” He associates this clichéd suburban idyll with what he calls “the Dream” – not the American dream of opportunity and a better life for one’s children; not Martin Luther King Jr.’s dream of freedom and equality (which the Reverend King observed was “a dream deeply rooted in the American dream”), but instead, in Mr. Coates’s somewhat confusing use of the term, an exclusionary white dream rooted in a history of subjugation and privilege.

Those Dreamers, he contends, “have forgotten the scale of theft that enriched them in slavery; the terror that allowed them, for a century, to pilfer the vote; the segregationist policy that gave them their suburbs. They have forgotten, because to remember would tumble them out of the beautiful Dream and force them to live down here with us, down here in the world.”

Yeah Ta, I was raised in the world and it ain’t all “pot roasts, blueberry pies, fireworks, ice cream sundaes, immaculate bathrooms, and small toy trucks that were loosed in wooded backyards with streams and glens.”.  It’s different, not better.  Bullies will be and we all “live down here with us, down here in the world.”  Freedom and equality mean strife and struggle.  Revolution has no color except blood.

Nipsey Russell

Tonightly the topic is Sandra Bland.  The panel is Christina Greer, Jordan Carlos, and Mark deMayo.

The real news below.