Tag: TMC Politics

CRomnibus

Cross posted from The Stars Hollow Gazette

Over the last three elections, the Democrats have lost their majorities in the House and, now, the Senate. The most likely reason is that they think a “reasonable compromise is the screw the 99% of Americans they’re suppose to represent. Prime example is the last omnibus bill to fund the federal government through September 2015. The bill negotiated by Republicans and Democrats behind closed doors over the last week is a 1600 page travesty that hands a whole mess of goodies to banks and corporations. This has caused a cry of foul by House and Senate Democrats that now endangers the bills passage.

Susie Madrak at Crooks and Liars highlighted the worst of the bill from the Washington Post article

One of the most notable changes includes dramatically expanding the amount of money that wealthy political donors could give the national parties, drastically undercutting the 2002 landmark McCain-Feingold campaign finance overhaul. Top donors would be allowed to give three times the annual cap on national party donations to three additional party committees set up for the purposes of the presidential conventions, building expenses and election recounts. [..]

For the first time, Congress also would allow the benefits of current retirees to be severely cut, part of an effort to save some of the nation’s most distressed pension plans. [..]

At domestic agencies, the EPA’s budget would be cut by $60 million, and the IRS would lose $345.6 million. The nation’s tax agency also would be banned from targeting organizations seeking tax-exempt status based on their ideological beliefs. [..]

About those pensions:

   The measure, attached to a massive $1.01 trillion spending bill, would alter 40 years of federal law and could affect millions of workers, many of them part of a shrinking corps of middle-income employees in businesses such as trucking, construction and supermarkets. [..]

The idea is reluctantly supported by some unions and retirement fund managers who see it as the only way to salvage pensions in plans that are in imminent danger of running out of money. But it also has stirred strong opposition from retirees who could face deep pension cuts and from advocates eager to keep retiree pensions sacrosanct, even in cases when funds are in a deep financial hole. The advocates argue that allowing cuts to plans would open the door to trims for other retirees later.

Marcy Wheeler, emptywheel, also found this:

the powers that be (largely Barb Mikulski and AlabamaKentucky’s Harold Rogers) stripped out the Massie-Lofgren Amendment that would have prohibited back door searches of Section 702 information and required back doors on software [..]

First, it defunds only the NSA. The original might have defunded anything that involved DOD, including FBI and CIA. [..]

That is, this replaces real legislation, supported by a huge majority in the House, with the same word games NSA has been hiding behind for over 18 months.

But the crowning insult that may very well sink the bill is the clause that essentially guts Dodd-Frank allowing big banks to engage in the same risky trading that toppled the economy in 2008.

en. Elizabeth Warren on Wednesday sought to rally opposition to the $1.1 trillion government funding bill, spearheading a revolt on the left that has put her influence in the Democratic Party to the test.

The Massachusetts liberal pleaded for House Democrats to withhold support for a government funding package due to a provision she said would change the Dodd-Frank financial reform law to let “Wall Street gamble with taxpayer money.” [..]

The provision would no longer require that big banks separate trades in financial derivatives from traditional bank accounts, which are backed by the government through the Federal Deposit Insurance Corporation (FDIC). The derivatives played a key role in the financial collapse.

Critics argue the change would leave taxpayers on the hook if trades explode. Former Rep. Barney Frank (D-Mass.) called it a “stealth attack” on his namesake achievement.

It figures that this part of the bill was written by Citicorp.

Spare Me the Lecture About the Law

Cross posted from The Stars Hollow Gazette

If upholding the law is too hard for Barack Obama and Eric Holder, then they are among the ranks of the accused torturers and should just resign.

UN Expert Calls For Prosecution Over U.S. Torture

All senior U.S. officials and CIA agents who authorized or carried out torture like waterboarding as part of former President George W. Bush’s national security policy must be prosecuted, top U.N. officials said Wednesday.

It’s not clear, however, how human rights officials think these prosecutions will take place, since the Justice Department has declined to prosecute and the U.S. is not a member of the International Criminal Court.

Zeid Raad al-Hussein, the U.N. high commissioner for human rights, said it’s “crystal clear” under international law that the United States, which ratified the U.N. Convention Against Torture in 1994, now has an obligation to ensure accountability. [..]

However, a Justice Department official said Wednesday the department did not intend to revisit its decision to not prosecute anyone for the interrogation methods. The official said the department had reviewed the committee’s report and did not find any new information that would cause the investigation to be reopened.

UN Official: Prosecute “Systematic Crimes and Gross Violations of International Human Rights Law”

Jim White, emptywheel

Ben Emmerson is the UN’s Special Rapporteur on counterterrorism and human rights. His statement released yesterday in response to the SSCI torture report points out the clear responsibilities that the US has under the Convention Against Torture and other international human rights laws to prosecute not only those who carried out torture, but those who designed the torture program and gave orders for its implementation. [..]

Emmerson doesn’t say that those responsible for the crimes should be brought to justice. He says outright that they MUST be brought to justice. Emmerson further points out that being authorized at a high level in the government gives no protection. Further, he notes a “conspiracy” to carry out the crimes.

Emmerson then goes on to destroy Barack Obama’s “look forward” bullshit and John Durham’s coverup disguised as an investigation:

   International law prohibits the granting of immunities to public officials who have engaged in acts of torture. This applies not only to the actual perpetrators but also to those senior officials within the US Government who devised, planned and authorised these crimes.

   As a matter of international law, the US is legally obliged to bring those responsible to justice. The UN Convention Against Torture and the UN Convention on Enforced Disappearances require States to prosecute acts of torture and enforced disappearance where there is sufficient evidence to provide a reasonable prospect of conviction. States are not free to maintain or permit impunity for these grave crimes.

Obama, Holder and Durham simply cannot grant immunity for these crimes. International law forbids it. More specifically, the Convention Against Torture, to which the US is a signatory, prohibits it. Similarly, the Convention on Enforced Disappearances also comes into play in the crimes committed by the US and also prevents the granting of immunity that Obama has tried to orchestrate.

(emphasis mine)

Mark Udall Says The CIA Is Still Lying

By Matt Sledge, Huffington Post

The CIA is still lying about its post-9/11 torture program, even in the face of a devastating Senate report, Sen. Mark Udall (D-Colo.) said Wednesday.

In a dramatic floor speech during his final month in the Senate, Udall said the CIA’s lies have been aided and abetted by President Barack Obama’s White House and called on the president to “purge” his administration of CIA officials who were involved in the interrogation program detailed in the report.

“It’s bad enough to not prosecute these officials, but to reward and promote them is incomprehensible,” Udall said. “The president needs to purge his administration.”

Udall said the lies are “not a problem of the past,” citing the CIA’s response to the 6,000-page torture report. He said the agency took seven months to write a formal comment after the Senate Intelligence Committee approved the report in December 2012 — and when it did, it was full of lies and half-truths meant to justify the agency’s actions.

MSNBC’s “All In” host Chris Hayes questions Pres. Obama’s premise that we are a “nation of laws”

Live Stream: Torture Report Summary Released

Chair of the Senate Intelligence Committee, Senator Dianne Feinstein (D-CA) has released the 500 page torture report. She is now speaking on the Senate floor. Her presentation is expected to take about an hour. She will be followed by Sen. John McCain (R-AZ).

The report was just released, and is online here (pdf), or here (pdf).

H/T Glenn Greenwald, The Intercept

The United Police States of America

Cross posted from The Stars Hollow Gazette

If you don’t think you aren’t living in one, you aren’t paying attention.

Shot in the chest by Cleveland police – then handcuffed and fined $100

John Swaine, The Guardian

Last year, Gregory Love was shot by a police officer through the window of his Range Rover. The only person prosecuted was Love himself – but now he’s suing a Cleveland force ordered by the government to change its ways

When a man pointing a Glock pistol approached Gregory Love’s car in downtown Cleveland late one night, Love did the only sensible thing possible, he says: he put up his hands and decided to let the man have what he wanted.

But Vincent Montague shot him in the chest anyway, according to Love, before having the 29-year-old forcibly removed from his silver Range Rover and his hands fastened together behind his back.

Blood from the bullet wound seeped through Love’s white T-shirt. He grew colder, despite the warm June air. “I actually thought I was going to die,” Love told the Guardian. “I felt faint. I saw blood coming from my chest. I thought he was just going to kill me right there.”

Eighteen months later, Love recalls his alleged assailant clearly: he was wearing the uniform of the Cleveland Division of Police. The only person prosecuted following the altercation was Love, who was fined $100 for a traffic violation. Montague was suspended from work for a day.

‘Chaotic and dangerous’ Cleveland police shamed in withering government report

Paul Lewis, The Guardian

Cleveland force accused of using excessive and unreasonable force in hundreds of cases as DoJ appoint independent monitor to oversee reforms

The Cleveland police department under fire over the recent fatal shooting of a 12-year-old boy has engaged in “excessive and unreasonable force” in hundreds of other cases, according to a withering report by the Justice Department that lists examples of officers firing at people who pose no threat and striking them on the head with their weapons.

The cases documented in the report include that of a semi-naked hostage victim who was twice fired at by a police sergeant as he tried to escape his captors, and a 13-year-old who was repeatedly punched in the face while handcuffed in the back of a police car.

Another incident involved a man shot with a Taser while he was was strapped to an ambulance gurney after suffering from seizures. [..]

The report reviewed almost 600 incidents of use of force by Cleveland division of police over three years up to 2013. It detailed incidents of Cleveland police “firing their guns at people who do not pose an immediate threat of death or serious bodily injury” and “hitting people on the head with their guns in circumstances where deadly force is not justified”.

The Justice Department said there were several incidents in which Cleveland police fired at suspects fleeing on foot or in vehicles when they who posed no danger to the officers or anyone else.

No Charges For Cop Who Broke Face Of Handcuffed Woman In Patrol Car

Ahiza Garcia, TPM Livewire

A local prosecutor announced on Friday he would not seek criminal charges against a Seattle police officer who was shown on video throwing a bone-breaking punch at a woman who was handcuffed in the back of a patrol car.

King County Prosecutor Dan Satterberg (pictured above), whose office handles felony cases in the area, said he would not seek a felony charge against officer Adley Shepherd, 38, according to the Seattle Times newspaper. [..]

Despite the prosecutor’s decision on Friday, the case is set to be reviewed by the U.S. Justice Department for any possible civil rights violations, according to the Times.

St. Louis Police Pursue Assault Charge Against Youngest Member Of Ferguson Commission

Ryan J. Reilly, Huffington Post

The St. Louis Metropolitan Police Department this week convinced the local prosecutor’s office to charge a prominent young Ferguson protester with misdemeanor assault because he allegedly made fleeting physical contact with a law enforcement official blocking access to St. Louis City Hall during a demonstration last month.

Rasheen Aldridge, a 20-year-old community activist, has been protesting in and around the St. Louis suburb of Ferguson on a regular basis ever since then-police officer Darren Wilson shot and killed 18-year-old Michael Brown on Aug. 9. Last month, Gov. Jay Nixon (D) named him to the Ferguson Commission, a task force intended to address problems in the St. Louis region that were highlighted in the wake of Brown’s death. On Dec. 1, Aldridge was at the White House to meet with President Barack Obama to discuss the relationship between law enforcement and local communities. (He later said he left the meeting “disappointed” with Obama, whom he used to consider his “idol.”) [..]

One video of the alleged misdemeanor assault appears to show Aldridge, in a gray cap, attempting to gain access to St. Louis City Hall along with a number of other demonstrators on Nov. 26, less than 48 hours after the grand jury decision was announced. At the time, the public building was on lockdown because authorities thought someone in the crowd may have had spray paint.

Aldridge — who is just 5 feet 4 inches tall and weighs 110 pounds, according to court documents — seems to be trying to open a City Hall door as a much larger city marshal stands guard. The marshal then appears to shove Aldridge, and the protester’s hand touches and perhaps pushes the official.

Soon after the incident, police in riot gear wielding pepper spray would break up the demonstration around City Hall, claiming that the entire daytime assembly was unlawful because a few demonstrators “made contact” with law enforcement.

And if you think the the special task force created by President Barack Obama is anything but another farce, take a look at the history of Philadelphia Police Commissioner Charles Ramsey who Obama has selected to co-chair the committee

Obama Appoints Notoriously Corrupt Police Commissioner To Improve Cops’ Credibility

By Carey Wedler, AntiMedia

The task force has 90 days to prepare a report and recommendations for the “21st century” problems of policing. But if Obama’s appointment to the task force cannot curb corruption and excessive violence within his own department, it is unlikely he will inspire change at the national level.

This week, President Barack Obama unveiled his plan to deal with police brutality and militarization (which he helped to enable over the course of his presidency). He has ordered $263 million for 50,000 body cameras and called for restrictions and oversight on military equipment.

Though on its face the plan has good intentions, it has already been criticized by activists and the media.

One of the most disingenuous elements of Obama’s master plan is his appointment of Philadelphia Police Commissioner, Charles Ramsey, to chair the “Task Force on 21st Cenutry Policing.” Ramsey is co-chairing the task force with Laurie Robinson, a former assistant attorney general and professor at George Mason University. The force is allegedly responsible for restoring trust and good relations between police officers and communities. [//]

While body cameras and restrictions on military equipment are easy to spin as positive (though the practice of militarization will not be stopped, only “curbed”), it is not as easy to fake credibility for Ramsey. The officer, who is also the president of the Major Cities Chiefs Police Association, runs one of the most corrupt police departments in the nation.

He was once the police chief of Washington, D.C. and has presided over Philadelphia’s department since 2008. Ramsey worked for the Chicago police department for thirty years and is currently a member of the “United States Homeland Security Advisory Council.”

On his watch, a federal investigation into corruption was launched over conspiracy, robbery, extortion, kidnapping and drug dealing. The Philadelphia police were caught ignoring thousands of rape cases to keep their crime numbers low. Before marijuana was decriminalized, Philly police arrested African-Americans for marijuana at an even higher rate than the rest of the country (which is already grossly high). Even after a decriminalization bill was passed this June, Ramsey vowed to continue arrests pursuant to Pennsylvania law. Other cops stole half a million dollars of drug money from suspects.

Philadelphia police are also no strangers to harassment and murder on the job, which is what Obama allegedly seeks to diminish in appointing Ramsey. Ramsey’s cops threaten to beat teenagers. They actually beat all kinds of people – over and over and over. They also indulge in shootings, which occur all too often and shirk accountability.

Most telling, during the initial waves of protest in Ferguson this summer, St. Louis County Police Chief Jon Belmar sought frequent advice from Ramsey on how to handle the situation.

Could Obama have found anyone worse?  

Abusive Cop Co-Chairs Obama’s Reform Commission

Cross posted from The Stars Hollow Gazette

By appointing a police chief with a history of overseeing an abusive police force, President Barack Obama has crested another farce of a commission much like his Cat Food Commission that was chaired by a corporate shill and a right wing curmudgeon.

Philadelphia Police Chief Charles Ramsey, one of two co-chairs apppointed by President Obama to head a commission on ways to demilitarize local police, is known for leading repeated bloody and abusive crackdowns on protesters when he was Washington, D.C.’s chief a decade ago, according to a civil rights attorney who won millions in damages for 100s of citizens attacked by D.C. police.  

“If the president’s idea of reforming policing practices includes mass false arrests, brutality, and the eviscerating of civil rights, then Ramsey’s his man. That’s Charles Ramsey’s legacy in D.C.,” said Mara Verheyden-Hilliard, Executive Director of the Partnership for Civil Justice Fund (PCJF), speaking of the ex-D.C. chief and current Philadelphia Police Commissioner. “Obama should immediately rescind his appointment of Commissioner Ramsey, who is a mass violator of civil rights and civil liberties.”  [..]

More than a decade ago, when Ramsey was the D.C. police chief, he lead numerous crackdowns and mass arrests of protesters-starting in 2000. His most high-profile assault was in September 2002 at Pershing Park, where demonstrators protested World Bank and International Monetary Fund meetings. The police locked down the park and arrested everyone there-400 people-including journalists, legal observers and bystanders.

The Partnership for Civil Justice Fund sued and won millions for protesters. The April 2000 protest settlements totalled $13.7 million and Pershing Park/2002 settlement was $8.25 million. Verheyden-Hilliard said the settlements highlight a larger and especially bloody pattern of police crackdowns on protesters ordered by Ramsey. She listed the following six events in an e-mail that “are demonstrative of his leadership and the force under his command.” The first example is an earlier three-day World Bank/IMF protest from spring 2000 in downtown Washington.

If this is Obama’s idea finding credible and transparent solutions to the militarization of civilian police forces, his thinking is warped, sick joke and a slap in the face to the Americans who expect the police to serve and protect not violate their civil rights.

Again No Indictment

A Staten Island grand jury returned a no bill of indictment against New York City police officer Daniel Pantaleo, in the strangle hold death of Eric Gardner, an African American, during a struggle with police when they attempted to arrest him for what was essentially a misdemeanor.

Only 17 July, police stopped the heavy-set father of six on Staten Island under suspicion of peddling untaxed “loose” cigarettes. Garner had been arrested previously for selling untaxed cigarettes, marijuana possession and false impersonation.

A video shot by an bystander shows Garner resisting arrest as a plainclothes officer attempts to to handcuff him. Backing away from the office, Garner tells him: “This stops today,” which has become a rallying cry for protesters in New York.

A struggle ensues. Eight-year NYPD veteran Daniel Pantaleo responds by putting his arm around Garner’s neck in a chokehold – banned under police policy – and wrestling the asthmatic man to the ground with the aid of several officers. Garner gasps “I can’t breathe” until his 350lb body goes limp. He was later pronounced dead at a hospital. [..]

The NYPD outlawed chokeholds over two decades ago, exactly because they can be deadly if administered inappropriately or carelessly. Still, between January 2009 and June 2014, the city’s Civilian Complaint Review Board, an independent agency that investigates police misconduct, received 1,128 civilian complaints involving chokehold allegations. Of these, only a small fraction of the cases are ever substantiated, just ten over the five and a half year window.

In the days after Garner’s death, Bratton said all 35,000 officers would be retrained on the department’s use of force policy.

The family has sued the city and the police department, as well as several officers involved in the incident.

Unlike the shooting of Michael Brown, the struggle that resulted in Mr. Garner’s death was caught on video that went viral.

This just another instance of the failure of prosecutors around the country to hold police accountable for the deaths of mostly black and mentally ill civilians. This needs to end.

From the First Shot, the Fix Was In

Cross posted from The Stars Hollow Gazette

We don’t know who set fire to the buildings in Ferguson, Missouri last week but we do know who fired the first shot, one of several that killed an unarmed African American teenager, Michael Brown, on a hot August day. We also know that a grand jury that was impaneled to determine if the white police officer, Darren Wilson, 28, should be charged, was misled by the prosecutors in the case. At the very start that were handed to laws that applied to the case. One of those laws, a 1979 Missouri statute, was found to be unconstitutional by the US Supreme Court in 1985.

MSNBC host Lawrence O’Donnell blasted St. Louis County assistant district attorney Kathy Alizadeh on Wednesday for taking weeks to tell the grand jury in the Darren Wilson case she made a major mistake regarding police officers’ right to use legal force.

“With prosecutors like this, Darren Wilson never really needed a defense lawyer,” he said.

O’Donnell said that early on in the jurors’ deliberations, Alizadeh handed them a copy of a 1979 Missouri statute saying police were “justified in the use of such physical force as he or she reasonably believes is immediately necessary to effect the arrest or prevent the escape from custody.” However, he explained, the Supreme Court found those kinds of statutes to be unconstitutional six years later. [..]

The worst part of Alizdeh’s actions, O’Donnell said, was that she did not explain how the Supreme Court decision struck the state statute down after letting jurors carry it with them for weeks.

“You will not find another legal proceeding in which jurors and grand jurors are simply handed a law, and then weeks later, handed a correction to that law,” he said. “Then the grand jurors are simply left to figure out the difference in the laws by themselves. That is, actually, something you would do in a law class.”

O’Donnell said that early on in the jurors’ deliberations, [Assistant D.A. Kathy] Alizadeh handed them a copy of a 1979 Missouri statute saying police were “justified in the use of such physical force as he or she reasonably believes is immediately necessary to effect the arrest or prevent the escape from custody.” However, he explained, the Supreme Court found those kinds of statutes to be unconstitutional six years later….

“She was taking the hurdle that Darren Wilson had to get over in his testimony, and flattening it,” O’Donnell argued. “She was making it impossible for Darren Wilson to fail in front of this grand jury.”

This was just one of many stunning events, called “errors” and “failures” by the mainstream media, but smack of a conspiracy to protect a white police officer from prosecution.

1. Wilson washed away blood evidence.

In an interview with police investigators, Wilson admitted that after the shooting he returned to police headquarters and washed blood off his body — physical evidence that could have helped to prove or disprove a critical piece of Wilson’s testimony regarding his struggle with Brown inside the police car. He told his interrogator that he had blood on both of his hands. “I think it was his blood,” Wilson said referring to Brown. He added that he was not cut anywhere. [..]

2. The first officer to interview Wilson failed to take any notes.

The first supervising officer to the scene, who was also the first person to interview Wilson about the incident, didn’t take any notes about their conversation. In testimony more than a month after the incident, the officer offered his account from memory. He explained that he hadn’t been equipped with a recorder and hadn’t tried to take any written notes due to the chaotic nature of the situation. He also didn’t write up any notes soon after the fact. [..]

3. Investigators failed to measure the likely distance between Brown and Wilson.

An unnamed medical legal examiner who responded to the shooting testified before the grand jury that he or she had not taken any distance measurements at the scene, because they appeared “self-explanatory.”

“Somebody shot somebody. There was no question as to any distances or anything of that nature at the time I was there,” the examiner told the jury. [..]

4. Investigators did not test Wilson’s gun for fingerprints.

Talking with police investigators and before the grand jury, Wilson claimed that Brown had grabbed at Wilson’s gun during the initial incident in the police car and that Brown’s hand was on the firearm when it misfired at least once. [..]

5. Wilson did not immediately turn his weapon over to investigators after killing Brown.

A detective with the St. Louis County Police Department, who conducted the first official interview of Wilson, testified to the grand jury that Wilson had packaged his own service weapon into an evidence envelope following his arrival at the police station in the wake of the shooting. [..]

6. An initial interview with investigators was delayed while Wilson traveled to the hospital with his superiors.

The same St. Louis County Police Department detective also testified that while he had intended to conduct his initial interview with Wilson at the Ferguson police station, a lieutenant colonel with the Ferguson Police Department decided that Wilson first needed to go to the hospital for medical treatment. [..]

7. Wilson’s initial interview with the detective conflicts with information given in later testimony.

In his first interview with the detective, just hours after Brown’s death, Wilson didn’t claim to have any knowledge that Brown was suspected of stealing cigarillos from a nearby convenience store. The only mention of cigarillos he made to the detective was a recollection of the call about the theft that had come across his radio and that provided a description of the suspect.

Law professors and legal the manner in which St. Louis County Prosecutor Robert McCulloch conducted this grand jury, questioning the unusual press conference presentation of the non-indictment and legal procedures were followed appropriately, adequately or fairly.

Ben Trachtenberg, an associate professor of law at the University of Missouri School of Law, said the entire announcement “read like a closing argument for the defense,” while Susan McGraugh, an associate professor at the Saint Louis University School of Law, said she was “furious” when she watched it.

“Bob McCulloch took a very defensive posture,” McGraugh said. “It was a poor choice to be so confrontational in presenting a grand jury verdict that he had to know would upset a large number of people. He should have left out the editorializing.” [..]

The astonishing rarity of a grand jury declining to indict a suspect has led many to believe that McCulloch did not make a sincere effort to prove probable cause.

“The prosecutor did not want an indictment, and he passed the buck to the grand jury to make that decision,” said Cohn, who is also a former president of the National Lawyers’ Guild. “It was clear the prosecutor was partisan in this case, and not partisan in the way prosecutors usually are, which is to get people indicted.” [..]

Even Supreme Court Antonin Scalia understands the purpose of the grand jury should not be a trial in secret.

Justice Antonin Scalia, in the 1992 Supreme Court case of United States v. Williams, explained what the role of a grand jury has been for hundreds of years.

   It is the grand jury’s function not ‘to enquire … upon what foundation [the charge may be] denied,’ or otherwise to try the suspect’s defenses, but only to examine ‘upon what foundation [the charge] is made’ by the prosecutor. Respublica v. Shaffer, 1 Dall. 236 (O. T. Phila. 1788); see also F. Wharton, Criminal Pleading and Practice § 360, pp. 248-249 (8th ed. 1880). As a consequence, neither in this country nor in England has the suspect under investigation by the grand jury ever been thought to have a right to testify or to have exculpatory evidence presented.

This passage was first highlighted by attorney Ian Samuel, a former clerk to Justice Scalia.

In contrast, McCulloch allowed Wilson to testify for hours before the grand jury and presented them with every scrap of exculpatory evidence available. In his press conference, McCulloch said that the grand jury did not indict because eyewitness testimony that established Wilson was acting in self-defense was contradicted by other exculpatory evidence. What McCulloch didn’t say is that he was under no obligation to present such evidence to the grand jury. The only reason one would present such evidence is to reduce the chances that the grand jury would indict Darren Wilson.

Political analyst and author, Earl Ofari Hutchinson suggested that President Barack Obama take cue from one of his predecessors Pres, George H. W. Bush and look no further than Rodney King:

In August 1992, nearly three months to the day after the four LAPD officers that beat black motorist Rodney King were acquitted on nearly all charges by a jury with no blacks on it, Lourdes G. Baird, the United States Attorney for California’s Central District, stepped before a battery of news cameras and reporters and announced that three of the officers would face federal charges. The charges were violating King’s Fourth Amendment protection against unreasonable arrest and with depriving him of his 14th Amendment due-process rights during his March, 1991 arrest. The four would face up to 10 years in prison and $250,000 in fines if convicted.

The Justice Department’s decision to prosecute rested squarely on two compelling legal and public interest points, neither of which significantly involved any need to proof racial animus. The legal charges were that the officers who beat King acted under the color of the law. This violated a near century old federal statute that makes it a crime to deprive any person of a Constitutional right under the color of law. The statute specifically targeted police officers and public officials who abuse their authority and violate public trust by physically victimizing citizens. [..]

Brown as was King was unarmed. Brown and King were not charged with a crime when detained. Brown as King received injuries after he ceased resisting. Brown as King was abused during an official stop. These, as they were with King, are compelling civil rights violations.

This is not about race, although I do believe it was a factor in this case based on Off. Wilson’s description of Mr. Brown own testimony. It is, however, about police excessive of force and law and for that there is a strong case against Off. Wilson. The Question is does Pres. Obama have the spine to give Michael Brown the justice he deserves.

Call on the Senate to Release the Torture Report

Is anyone surprised that the Obama administration is trying as hard as it can to stop the Senate CIA torture report from being released? It blatantly obvious that they do not want this report made public and are hoping that the incoming chair of the Senate Intelligence Committee, Sen. Richard Burr (R-SC), who is best buds with the intelligence community, will bury the report. The current stall is over the redaction of pseudonyms. The White House wants the aliases redacted arguing that it would expose the people they wish to protect. It is quite possible that if known, there people would face arrest and prosecution.

The fight between the White House and the Committee came to a head on Tuesday during the weekly briefing with the Senate Democrats and White House Chief of Staff and CIA Director John Brennan’s best bud, Denis McDonough:

“It was a vigorous, vigorous and open debate — one of the best and most thorough discussions I’ve been a part of while here,” said Sen. Chris Coons (D-Del.).

Sen. Jay Rockefeller (D-W.Va.), who served as intelligence committee chair before Feinstein, was furious after the meeting, and accused the administration of deliberately stalling the report.

“It’s being slow-walked to death. They’re doing everything they can not to release it,” Rockefeller told HuffPost.

“It makes a lot of people who did really bad things look really bad, which is the only way not to repeat those mistakes in the future,” he continued. “The public has to know about it. They don’t want the public to know about it.”

As negotiations continue, Rockefeller said Democrats were thinking creatively about how to resolve the dispute. “We have ideas,” he said, adding that reading the report’s executive summary into the record on the Senate floor would probably meet with only limited success. “The question would be how much you could read before they grabbed you and hauled you off.” [..]

Rockefeller said the administration’s unwillingness to use aliases reflects a broader contempt for congressional oversight.

“The White House doesn’t want to release this. They don’t have to. And all we do is oversight, and they’ve never taken our oversight seriously,” he said. (He then added that he did allow for one exception, the Church Committee.) “Under Bush there was no oversight at all. Remember the phrase, ‘Congress has been briefed’? What that meant was that I and our chairman […] and two comparable people in the House had met with [former Vice President Dick] Cheney in his office for 45 minutes and given a little whirley birdie and a couple charts.”

“They had a specialty for being unforthcoming in our efforts at oversight,” he added, “and therefore there is no incentive for them to change their behavior.”

Time is running out. It’s clear that one or more of the senators will need to take some drastic action. Sen. Mark Udall (D-CO), who was defeated in the midterm elections, has said that he is considering reading the unredacted report into the Congressional Record on the Senate floor, a move that is protected by the Constitution’s “speech or debate” clause.

It is time to release the torture report. Please sign the Act Blue petition to urge Sen. Udall to read the report into the congressional record.

Sign the petition: Enter the CIA torture report into the Congressional Record

The Senate Intelligence Committee’s “torture report” is expected to detail shocking abuse of prisoners at the hands of the CIA during the Bush administration, and even possible CIA lying to Congress.

But seven months after the Senate Intelligence Committee voted overwhelmingly to release the report to the American people, the White House is stonewalling Congress and demanding “redactions”-blacked-out sections and information-before making its contents public.

But there’s a way around that-and before the end of the year, we have a rare chance to make it happen.

Members of Congress have an absolute right to free speech, and a member could enter the report into the Congressional Record in its entirety-just as the Pentagon Papers were in 1971-without fear of prosecution.

That’s exactly what transparency advocates are calling on outgoing, staunchly anti-torture and pro-transparency Sen. Mark Udall to do.

Sign the petition to Sen. Mark Udall: If you enter the torture report into the Congressional Record, we’ll have your back.

Our Message to Sen. Mark Udall:

Before leaving office, please submit the Senate Intelligence Committee’s torture report to the Congressional Record. We know that you are considering undertaking this heroic and courageous act, and we and countless others will support you if you choose to do so.

We will deliver a copy of this petition and a list of signers to Sen. Mark Udall, Senate Intelligence Committee Chair Dianne Feinstein and President Obama to make sure our message is heard.

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Fighting Big Money in Politics

Cross posted from The Stars Hollow Gazette

This past election saw the lowest voter turn out in 70 years, This happened for a number of reasons, one of which was uninspiring candidates who offered little to no policy agenda, voter fatigue (boredom?) and new voter ID laws that suppressed voters. Another factor that may have effected turn out was the $4 billion that was spent on this campaign flooding the airways with uninspired advertising that turned people off and the lack of an unbiased, independent media. Many candidates couldn’t get their message to the voters because they didn’t have the money for campaign ads and the corporate owned media, with its own agenda, favored certain candidates.

This week Bill Moyers spoke with two academics who got involved this election attempting to spark public interest without the big money. They related their experiences and the lessons they learned about the state of the American democracy.

Lawrence Lessig, who teaches law at Harvard, is a well-known Internet activist and campaign finance reform advocate. This election cycle, he started a crowd-funded SuperPAC aimed at reducing the influence of money in politics. Lessig tells Bill: “Our democracy is flat lined. Because when you can show clearly there’s no relationship between what the average voter cares about, only if it happens to coincide with what the economic elite care about, you’ve shown that we don’t have a democracy anymore.”

Zephyr Teachout, a professor of constitutional and property law at Fordham Law School, ran against New York State Governor Andrew Cuomo in the Democratic primary. She received more than a third of the vote and carried 30 of the state’s 62 counties, surprising everyone – including Cuomo. “When you talk about the corruption in Congress, people are talking about the same thing that Madison was talking about. This sense that our public servants are just serving themselves,” Teachout tells Bill.

Net Neutrality May Soon Be Dead, Thank You, Mr. President

Cross posted from the Star Hollow Gazette

The headline in the Washington Post, “Obama’s call for an open Internet puts him at odds with regulators“, is misleading. Yes, President Obama made one of his flowery speeches supporting a free and equal internet but he was the one who appointed  industry lobbyist Thomas Wheeler to head the Federal Communications Commission.

The dissonance between Obama and Wheeler has the makings of a major policy fight affecting multibillion-dollar industries. The president wants clear rules to prevent Internet service providers from auctioning the fastest speeds to the highest bidders, a scenario that could favor rich Web firms over start-ups.

Wheeler, a former lobbyist for the cable and telecommunications industry, has floated proposals that aim to limit the ability of service providers to charge Web companies, such as Netflix or Google, to reach their customers. But critics have argued that his approach would give the providers too much leeway to favor some services over others. [..]

But the move by the White House has put Wheeler in an uncomfortable spotlight. The two men have long been allies. Wheeler raised hundreds of thousands of dollars for Obama’s campaign and advised the president on his transition into the White House. Obama last year appointed Wheeler to lead the FCC as it was poised to tackle its biggest issue in years – the rules that govern content on the Web.

A growing source of frustration for White House and congressional Democrats is that they have three of their own on the five-member commission at the FCC, a majority that should give them the power to push through a policy of their liking. But if Wheeler charts a different course, he could bring the other members along with him.

And, as Wheeler reminded participants at his meeting with Web companies Monday, the FCC does not answer to the Obama administration.

The article states that Obama campaigned on Net Neutrality and, according to aides, made the statement to energize his base of  young, tech-savvy progressives. Seriously? He does this now, after the drubbing in the mid-terms? Now Obama wants to curry support of the Democrats in Congress. What happened during the last six years?

And don’t forget, he appointed Wheeler because they’re friends.

Obama Calls for Net Neutrality, But His Own Industry-Tied FCC Appointee Could Stand in the Way

According to The Washington Post, Wheeler met with officials from Google, Yahoo and Etsy on Monday and told them he preferred a more nuanced solution. Wheeler reportedly said: “What you want is what everyone wants: an open Internet that doesn’t affect your business. What I’ve got to figure out is how to split the baby.” On Monday, protesters called on Wheeler to favor net neutrality as they blockaded his driveway when he attempted to go to work. Protests also took place in a dozen cities last week after The Wall Street Journal reported the FCC is considering a “hybrid” approach to net neutrality. This would apply expanded protections only to the relationship between Internet providers and content firms, like Netflix, and not to the relationship between providers and users. We discuss the ongoing debate over the Internet’s future with Steven Renderos of the Center for Media Justice.



The transcript can be read here

There is only one person to blame if the FCC sides with the industry, Barack Hussein Obama, shill for the 1%.

America’s War on the Homeless

There appears to be a war on the homeless and needy in certain states and not just the red ones:

To Clear Waikiki For Tourists, Hawaii Gives 120 Homeless People A One-Way Ticket Out Of State

by Bryce Covert, November 10, 2014

Hawaii’s Institute for Human Services (IHS) is beginning a $1.3 million campaign to clear the homeless out of Waikiki, a big spot for tourists, after businesses have complained that the homeless are hurting tourism.

The majority of the money will be used for intensive outreach services to connect the homeless with shelter, employment, and medical services. IHS’s goal is to move 140 people into shelters or housing in the first year.

But it also plans to fly back to the mainland United States another 120 people, who will be identified through a vetting process it says is aimed at making sure they have a plan in place when they get there. “We found out that many [Waikiki homeless] are transient who made a choice to become homeless, as well as people who became homeless shortly after arriving in Hawaii,” said Kimo Carvalho, development and community relations manager for IHS.

Last year, state lawmakers $100,000 in funding to give Hawaii’s homeless population one-way flights out of the state back to the mainland. But Gov. Neil Abercrombie (D) refused to release the funding amid concerns that people would fly to the state and expect a free ticket home.

Fort Lauderdale Votes To Make It Harder To Feed The Homeless, Joining Two Dozen Other Cities

by Alan Pyke, October 22, 2014

A few hours before dawn on Wednesday morning, city counselors in Fort Lauderdale, FL passed a bill to make it harder to feed the homeless. Amid raucous protests from activists, the council voted 4-1 in favor of a long-pending slate of new regulations on where and how groups can provide food to homeless people.

The vote makes the south Florida city the 13th in the country to pass restrictions on where people can feed the homeless in the past two years, and the 22nd town to make it harder to feed homeless people through either legislation or community pressure since the beginning of 2013, according to a report released Monday by the National Coalition for the Homeless (NCH).

Counting towns that are still in the process of advancing some sort of crackdown, NCH says, 31 American cities “have attempted to pass new laws that restrict organizations and individuals from sharing food with people experiencing homelessness” in 2013 and 2014.

Florida City Will Throw Homeless People In Jail For Asking For Money

by Scott Keyes, November 10, 2014

Lake Worth, FL, a city of approximately 35,000 people just south of West Palm Beach, voted last week to impose a crackdown on homeless people who ask passersby for spare change.

Ordinance No. 2014-34 was approved by a unanimous vote on November 4th. The new law bans panhandling on city-owned property, such as near bus stops, ATMs, and other downtown areas, as well as on private property without express permission. According to the Palm Beach Post, “That covers most of downtown,” effectively banning all panhandling in the area where homeless people would be able to raise the most money.

The measure also bans “aggressive panhandling,” a nebulous term that theoretically prohibits panhandling in a threatening manner, though in reality is so subjective it gives authorities free rein to crack down on any homeless person asking for money.

If a homeless person is convicted under the new law, he or she could face as much as 60 days in jail or a $500 fine.

California City Bans Homeless From Sleeping Outside: If They Leave, ‘Then That’s Their Choice’

by Bryce Covert, November 10, 2014

Last week, the city council of Manteca, CA unanimously passed two ordinances aimed at clearing out the homeless population.

One will ban people from sleeping or setting up encampments on any public or private property as of December 4, although the homeless won’t be jailed or fined. It will, however, allow the police to tear down any homeless sleeping areas as soon as they appear without having to be invited by the property owner, as was the case previously.

Explaining why the ordinance is necessary, Police Chief Nick Obligacion said, “The goal is actually to correct the wrong. So, if the correction is them leaving Manteca, then that’s their choice.” He also opposes any sort of shelter for the homeless.

The other ordinance bans public urination and defecation, but also comes after the city temporarily closed public restrooms in a park, a location often used by the homeless to relieve themselves in private.

90-Year-Old Man Arrested In Florida For Feeding The Homeless

by Scott Keyes, November 6, 2014

There are a lot of strange local ordinances in this country. But perhaps none are stranger than the one that resulted in the arrest of a nonagenarian for giving food to hungry people.

Last month, Ft. Lauderdale city officials passed a new measure to crack down on people feeding the homeless. On Sunday, two days after the new law went into effect, Arnold Abbott, 90, a longtime advocate for the homeless and regular volunteer at a local soup kitchen, was arrested for the crime of giving food to the needy. He now faces up to 60 days in jail and a $500 fine. Two local pastors were also arrested and face the same potential sentences.

The Nightmare on Wall Street

Cross posted from The Stars Hollow Gazette

Attorney General Eric Holder claimed that the banks were too big and too hard to prosecute for the “massive criminal securities fraud” behind the high risk mortgage securities that led up to the 2008 financial collapse. Instead the Justice Department opted for civil settlements with large fines with no admission of any wrong doing.

Actually, it wasn’t. It appears that the Obama administration’s chief law enforcement officer chose not to prosecute despite all the evidence at his disposal. In his return to Rolling Stones, investigative journalist Matt Taibbi introduces Alayne Fleischmann, JPMorgan Chase’s $9 billion nightmare:

She tried to stay quiet, she really did. But after eight years of keeping a heavy secret, the day came when Alayne Fleischmann couldn’t take it anymore.

“It was like watching an old lady get mugged on the street,” she says. “I thought, ‘I can’t sit by any longer.'” [..]

Fleischmann is the central witness in one of the biggest cases of white-collar crime in American history, possessing secrets that JPMorgan Chase CEO Jamie Dimon late last year paid $9 billion (not $13 billion as regularly reported – more on that later) to keep the public from hearing.

Back in 2006, as a deal manager at the gigantic bank, Fleischmann first witnessed, then tried to stop, what she describes as “massive criminal securities fraud” in the bank’s mortgage operations.

Thanks to a confidentiality agreement, she’s kept her mouth shut since then. “My closest family and friends don’t know what I’ve been living with,” she says. “Even my brother will only find out for the first time when he sees this interview.”

Six years after the crisis that cratered the global economy, it’s not exactly news that the country’s biggest banks stole on a grand scale. That’s why the more important part of Fleischmann’s story is in the pains Chase and the Justice Department took to silence her.

She was blocked at every turn: by asleep-on-the-job regulators like the Securities and Exchange Commission, by a court system that allowed Chase to use its billions to bury her evidence, and, finally, by officials like outgoing Attorney General Eric Holder, the chief architect of the crazily elaborate government policy of surrender, secrecy and cover-up. “Every time I had a chance to talk, something always got in the way,” Fleischmann says.

This past year she watched as Holder’s Justice Department struck a series of historic settlement deals with Chase, Citigroup and Bank of America. The root bargain in these deals was cash for secrecy. The banks paid big fines, without trials or even judges – only secret negotiations that typically ended with the public shown nothing but vague, quasi-official papers called “statements of facts,” which were conveniently devoid of anything like actual facts.

Matt and Ms. Fleischmann joined Democracy Now‘s hosts Amy Goodman and Juan González to discuss ow JPMorgan wrecked the economy and avoided prosecution.

The full transcript can be read here

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