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FOCUS: Why We Must Now Adopt the "Ohio Plan" to Prevent the "Strip & Flip" of American Elections Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=36753"><span class="small">Bob Fitrakis and Harvey Wasserman, Reader Supported News</span></a>   
Thursday, 21 January 2016 13:22

Excerpt: "As the 2016 election approaches, we must remember that our electronic voting system as it currently stands is thoroughly rigged. The entire outcome can be flipped with a few late night keystrokes, as was done in Ohio 2004."

Voting booths. (photo: Flickr)
Voting booths. (photo: Flickr)


Why We Must Now Adopt the "Ohio Plan" to Prevent the "Strip & Flip" of American Elections

By Bob Fitrakis and Harvey Wasserman, Reader Supported News

21 January 16

 

s the 2016 election approaches, we must remember that our electronic voting system as it currently stands is thoroughly rigged. The entire outcome can be flipped with a few late night keystrokes, as was done in Ohio 2004.

This year, at least 80% of the nation’s votes will be cast on electronic machines whose outcome can be altered by a governor and secretary of state with just a few keystrokes, and without detection.

There is a way – we call it “The Ohio Plan” – by which we can attain a fair and reliable vote count.

The Ohio Plan is this: 

  1. Voter registration must be universal and automatic for all citizens as they turn 18.

  2. Electronic poll books are banned, with all voter registration records maintained manually.

  3. All elections happen over a 4-day weekend – Saturday, Sunday, Monday, Tuesday – which together comprise a national holiday, preferably around Veterans Day in November.

  4. All voting happens on paper ballots, using recycled or hemp paper.

  5. All vote counting is done manually, with ballots preserved at least two years.

  6. Polls are run and ballots are counted by the nation’s high school and college students, who will get the days off and be paid a “scholarship” for their work at $15/hour.

Part One of the Ohio Plan is to guarantee all citizens are registered to vote when they turn 18. Postage-free mail-in forms are available at schools, post offices, driver’s license bureaus, etc.

Today millions of Americans, mostly of color, are being wrongfully denied their right to register, with decisive partisan impacts dating at least to Florida 2000.

Part Two of the Ohio Plan requires that these registration records be maintained on paper logbooks that will be present at the voting precincts on election day.

The great investigative reporter Greg Palast has reported that a proprietary computer program being used by the GOP is center stage in the purging of countless voters in more than a dozen states as you read this. Those being stripped of their right to vote are mostly African-American and Hispanic, as well as students and the elderly.

Stripping at least 90,000 such voters in Florida 2000 was key to putting George W. Bush in the White House for the first time. His official margin was less than 600 votes. More than 300,000 voters were stripped from electronic logbooks in urban, largely Democratic areas of Ohio prior to the 2004 election, which was officially given to George W. Bush by less than 119,000 votes.

Under the Ohio Plan, all voter registration rolls must be maintained on paper files with double-blind multi-partisan supervision (to include Greens and other minority parties as well as the Democrats and Republicans) to guarantee they are not illegally purged in the lead-up to Election Day.

Part Three of the Ohio Plan requires our elections include extensive voting hours over a full four-day weekend, including Saturday, Sunday, Monday and Tuesday. Vote counting should begin as the polls close on Tuesday.

The Constitution requires voting happen the first Tuesday after the first Monday in November, i.e. sometime between November 2 and November 8. But Tuesday is a work day, and millions of working Americans are deprived of their vote due to employment requirements. By extending access to the polls over a four-day holiday weekend we guarantee access to the millions who work as well as those who don’t.

Part Four of the Ohio Plan is to require all voting be done on paper ballots.

Electronic machines as currently constituted are virtually all corporate-owned. Courts have ruled the software is proprietary, meaning even the election boards that buy or lease the machines cannot verify the outcome. Internet voting is also impossible to verify. Thus our elections can be easily flipped with a few keystrokes by shadowy operatives, and without open public verification, as happened in Florida 2000, Ohio 2004 and elsewhere.

Germany, Ireland, Romania, Japan and Canada all conduct their elections on hand-counted paper ballots. Ours should be printed on recycled paper or paper made with hemp grown in the United States.

Part Five of the Ohio Plan requires that the ballots be hand-counted and preserved under federal protection for at least two years. Recounts are automatic, no matter what the apparent margin of victory, at public expense.

Part Six of the Ohio Plan provides for the nation’s polls to be run by our high school and college students, and for them to do the vote counting. They will be given time off from school to participate in this great civics lesson, and be paid at the level of any American city or state’s highest minimum wage, at this point $15/hour.

The provision for universal automatic voter registration has been endorsed by Democratic candidates Bernie Sanders and Hillary Clinton. Sanders has endorsed the requirement of universal hand-counted paper ballots, as has more than 90% of the American public.

It should be understood that the ongoing electronic stripping of our poll books, as reported by Greg Palast, has already eliminated hundreds of thousands of American voters, most of them people of color.

The way things stand in 2016 with electronic vote counting, there is no paper trail, no transparency and no public verification. The Information Technology companies with the state contracts to tally most US elections have full control over the outcome, with no public scrutiny or recourse.

Thus the election of 2016 is likely to be decided by a tiny handful of governors, secretaries of state and computer operators in the deep hours of election night, with no verification or recourse available to the public, and no necessary connection to how the public actually voted.

We support strict regulation of campaign financing. But without the mechanics of reliably registering our citizens to vote and guaranteeing an open, public, verified vote count, all else is moot.

We hope at least that much can be dealt with by Election Day 2016, lest it more accurately be known, once again, as Corporate Selection Day.



Bob Fitrakis & Harvey Wasserman are election protection activists. Bob & Harvey’s “The Sixth Jim Crow: Electronic Election Protection & The 2016 Strip/Flip Selection” is available at www.freepress.org., along with six other books on election protection.

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FOCUS: A Drone Protestor Heads to Jail Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=15946"><span class="small">Bill Moyers, Moyers & Company</span></a>   
Thursday, 21 January 2016 12:07

Moyers writes: "Mary Anne Grady Flores is in jail today and American citizens everywhere can surely breathe a sigh of relief that we are safe from her criminal behavior at least for the next six months. That's the length of the sentence this 59-year-old peace activist in upstate New York began on Tuesday."

Video still from Mary Anne Grady Flores' press conference before reporting to jail. (photo: YouTube)
Video still from Mary Anne Grady Flores' press conference before reporting to jail. (photo: YouTube)


A Drone Protestor Heads to Jail

By Bill Moyers, Moyers & Company

21 January 16

 

Fifty-nine-year-old Mary Anne Grady Flores will serve six months for photographing a protest of an airfield in upstate New York where drone pilots are trained and from where missions are carried out.

ary Anne Grady Flores is in jail today and American citizens everywhere can surely breathe a sigh of relief that we are safe from her criminal behavior at least for the next six months.

That’s the length of the sentence this 59-year-old peace activist in upstate New York began on Tuesday — one day after the United States honored Dr. Martin Luther King, Jr., for his commitment to nonviolent civil disobedience. If he were here today, the martyred Dr. King would surely be shaking his head that America still has a problem with peaceful dissenters of conscience.

And what exactly did Grady Flores do to warrant spending the next six months in jail? She photographed a peaceful protest outside Hancock Field Air National Guard Base near Syracuse, New York. The base is where the US trains pilots to launch drone strikes in the Middle East, particularly in Afghanistan, Pakistan and Yemen. It wasn’t a crime for her to be taking pictures of the demonstration, but when she briefly and unintentionally — yes, unintentionally — stepped onto a road that belongs to the base, she violated what authorities called “an order of protection,” which had been issued in 2012 to forbid protesters from approaching the home or workplace of Col. Earl Evans, a commander of the 174th Attack Wing of the Air National Guard. She had never met Evans, never threatened him, never showed any intention of harming him.

Nonetheless, a town justice, David Gideon, issued the order to “protect” the Colonel from the activists. That’s right — the commander of a major military operation, piloting drones on lethal missions half-way around the world, requested a court order of protection against a group of mostly gray-haired demonstrators whom he had never met. In stepping briefly on the roadway at the base, Grady Flores violated that order, despite the fact that, as she says, “We weren’t at the security gate. We were out at the roadway.”

Now get this: The order issued by Judge Gideon was of the sort commonly used against victims of sexual or domestic abuse. “The legal terms ‘victim’ and ‘witness’ have been expanded in this case in a way that’s new and unique in the state of New York,” said attorney Lance Salisbury at a press conference yesterday before Grady Flores was hauled off to jail.

Grady Flores had protested outside the base before. She belongs to The Upstate Coalition to Ground the Drones and End the Wars, which has criticized the drone program since 2010, calling for a change in policy to uphold life and law.

President Obama and the Pentagon insist that using drones in pursuit of terrorists causes minimal civilian casualties and protects American troops, but Grady Flores takes issue with that justification. She told us she had been moved, in particular, by reports of the staggering numbers of civilians killed by US drones, and she says her fears were confirmed by documents recently leaked to journalists at The Intercept revealing that during one five-month stretch, 90 percent of those killed in one part of Northeastern Afghanistan were not the intended target.

Grady Flores says she was also shaken by the 2013 testimony before Congress of a family from Pakistan that had suffered a drone strike in North Waziristan. A grandmother of three herself, Grady Flores listened as Rafiq ur Rehman recounted his mother’s death in the presence of her grandchildren. “She was out in the fields picking okra with the kids around and a drone strike happened, and she was sent to four winds… now the kids live in terror,” Grady Flores recalls.

“That’s why citizens are at the gates of Hancock,” says Grady Flores. “That’s why we’re there.”

Grady Flores was arrested in 2012, when she and 16 others blocked the entrance to the base, prompting the request from the military for the order of protection. When she was arrested again a year later — not for protesting herself but for stepping on the road outside the base and taking pictures of others who were protesting — she was found to be in violation of that protection order. And the protestors she was photographing? They were acquitted.

Justice David Gideon threw the book at her. He sentenced her to a year, claiming in his five-page ruling that he didn’t buy her First Amendment argument. Instead, he thought she “was willing to ‘break the law’ to seek publicity for her cause.” After an appeal, her sentence was shortened to six months.

Before she went to jail yesterday she told us: “I asked my grandchildren, ‘Do you know where I’m going?’ and they said, ‘yeah, you’re going to jail, Nana.’” She told us that it is difficult to leave her 88-year-old mother who is ailing, but that her mother appreciates her carrying on in the tradition of Dr. Martin Luther King and the iconic Catholic activist Dorothy Day, with whom her mother once worked. Day famously said, “No one has a right to sit down and feel hopeless. There is too much work to do.”

Grady Flores says her mother’s good-bye shared that sentiment, “Mom said to me, ‘I’ll pray for you, I’ll be with you in that cell.’ She said it in a whisper, but she’s grateful that I’m continuing the work.”

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Democrats in 'Group Think' Land Print
Thursday, 21 January 2016 09:48

Parry writes: "A curious reality about Official Washington is that to have 'credibility' you must accept the dominant 'group thinks' whether they have any truth to them or not."

Sen. Bernie Sanders and Secretary Clinton at the Democratic debate. (photo: NBC)
Sen. Bernie Sanders and Secretary Clinton at the Democratic debate. (photo: NBC)


Democrats in 'Group Think' Land

By Robert Parry, Consortium News

21 January 16

 

When Sunday’s Democratic presidential debate turned to world affairs, the NBC correspondents and both Sen. Sanders and ex-Secretary Clinton fell in line behind “group thinks” about Syria, Iran and Russia that lack evidentiary support, writes Robert Parry.

curious reality about Official Washington is that to have “credibility” you must accept the dominant “group thinks” whether they have any truth to them or not, a rule that applies to both the mainstream news media and the political world, even to people who deviate from the pack on other topics.

For instance, Sen. Bernie Sanders may proudly declare himself a “democratic socialist” – far outside the acceptable Washington norm – but he will still echo the typical propaganda about Syria, Russia, Iran and other “designated villains.” Like other progressives who spend years in Washington, he gets what you might called “Senate-ized,” adopting that institution’s conventional wisdom about “enemies” even if he may differ on whether to bomb them or not.

That pattern goes in spades for former Secretary of State Hillary Clinton and other consciously “centrist” politicians as well as media stars, like NBC’s Andrea Mitchell and Lester Holt, who were the moderators of Sunday’s Democratic presidential debate. They know what they know based on what “everybody who’s important” says, regardless of the evidence or lack thereof.

So, you had Mitchell and Holt framing questions based on Official Washington’s “group thinks” – and Sanders and Clinton responding accordingly.

Regarding Iran, Sanders may have gone as far as would be considered safe in this political environment, welcoming the implementation of the agreement to restrain Iran’s nuclear program but accepting the “group think” about Iran’s “terrorism” and hesitant to call for resumption of diplomatic relations.

“Understanding that Iran’s behavior in so many ways is something that we disagree with; their support of terrorism, the anti-American rhetoric that we’re hearing from their leadership is something that is not acceptable,” Sanders said. “Can I tell you that we should open an embassy in Tehran tomorrow? No, I don’t think we should.”

Blaming Iran

In her response, Clinton settled safely behind the Israeli-preferred position – to lambaste Iran for supposedly fomenting the trouble in the Middle East, though more objective observers might say that the U.S. government and its “allies” – including Israel, Saudi Arabia and Turkey – have wreaked much more regional havoc than Iran has.

“We have to go after them [the Iranians] on a lot of their other bad behavior in the region which is causing enormous problems in Syria, Yemen, Iraq and elsewhere,” Clinton said.

Yet, how exactly Iran is responsible for “enormous problems” across the region doesn’t get explained. Everybody just “knows” it to be true, since the claim is asserted by Israel’s right-wing government and repeated by U.S. pols and pundits endlessly.

Yet, in Iraq, the chaos was not caused by Iran, but by the U.S. government’s invasion in 2003, which then-Sen. Clinton supported (while Sen. Sanders opposed it). In Yemen, it is the Saudis and their Sunni coalition that created a humanitarian disaster by bombing the impoverished country after wildly exaggerating Iran’s support for Houthi rebels.

In Syria, the core reason for the bloodshed is not Iran, but decisions of the Bush-43 administration last decade and the Obama administration this decade to seek another “regime change,” ousting President Bashar al-Assad.

Supported by Turkey, Saudi Arabia and other Sunni powers, this U.S.-backed “covert” intervention instigated both political unrest and terrorist violence inside Syria, including arming jihadist forces such as Al Qaeda’s Nusra Front and its close ally, Ahrar al-Sham and – to a lesser degree – Al Qaeda’s spinoff, the Islamic State. [See Consortiumnews.com’s “Hidden Origins of Syria’s Civil War.“]

The desire of these Sunni powers — along with Israel and America’s neoconservatives — was to shatter the so-called “Shiite crescent” that they saw reaching from Iran through Iraq and Syria to Lebanon. Since Assad is an Alawite, a branch of Shiite Islam, he had to be removed even though he was regarded as the principal protector of Syria’s Christian, Shiite and Alawite minorities. [See Consortiumnews.com’s “Did Money Seal Saudi-Israeli Alliance?’]

However, while Israel and the Sunni powers get a pass for their role in the carnage, Iran is blamed for its assistance to the Syrian military in battling these jihadist groups. Official Washington’s version of this tragedy is that the culprits are Assad, the Iranians and now the Russians, who also intervened to help the Syrian government resist the jihadists, both the Islamic State and Al Qaeda’s various friends and associates. [See Consortiumnews.com’s “Climbing into Bed with Al Qaeda.”]

Blaming Assad

Official Washington also accepts as undeniably true that Assad is responsible for all 250,000 deaths in the Syrian civil war – even those inflicted by the Sunni jihadists against the Syrian military and Syrian civilians – a logic that would have accused President Abraham Lincoln of slaughtering all 750,000 or so people – North and South – who died in the U.S. Civil War.

The “group think” also holds that Assad was behind the sarin gas attack near Damascus on Aug. 21, 2013, despite growing evidence that it was a jihadist group, possibly with the help of Turkish intelligence, that staged the outrage as a provocation to draw the U.S. military into the conflict against Syria’s military by creating the appearance that Assad had crossed Obama’s “red line” on using chemical weapons.

Mitchell cited Assad’s presumed guilt in the sarin attack in asking Clinton: “Should the President have stuck to his red line once he drew it?”

Trying to defend President Obama in South Carolina where he is popular especially with the black community, Clinton dodged the implicit criticism of Obama but accepted Mitchell’s premise.

“I know from my own experience as Secretary of State that we were deeply worried about Assad’s forces using chemical weapons because it would have had not only a horrific effect on people in Syria, but it could very well have affected the surrounding states, Jordan, Israel, Lebanon, Turkey. …

“If there is any blame to be spread around, it starts with the prime minister of Iraq, who sectarianized his military, setting Shia against Sunni. It is amplified by Assad, who has waged one of the bloodiest, most terrible attacks on his own people: 250,000-plus dead, millions fleeing. Causing this vacuum that has been filled unfortunately, by terrorist groups, including ISIS.”

Clinton’s account – which ignores the central role that the U.S. invasion of Iraq and outside support for the jihadists in Syria played in creating ISIS – represents a thoroughly twisted account of how the Mideast crisis evolved. But Sanders seconded Clinton’s recitation of the “group think” on Syria, saying:

“I agree with most of what she said. … And we all know, no argument, the Secretary is absolutely right, Assad is a butcher of his own people, man using chemical weapons against his own people. This is beyond disgusting. But I think in terms of our priorities in the region, our first priority must be the destruction of ISIS. Our second priority must be getting rid of Assad, through some political settlement, working with Iran, working with Russia.” [See Consortiumnews.com’s “A Blind Eye Toward Turkey’s Crimes.”]

Sanders also repeated his talking point that Saudi Arabia and Qatar must “start putting some skin in the game” – ignoring the fact that the Saudis and Qataris have been principal supporters of the Sunni jihadists inflicting much of the carnage in Syria. Those two rich countries have put plenty of “skin in the game” except it comes in the slaughter of Syrian Christians, Alawites, Shiites and other religious minorities.

Blaming Russia

NBC anchor Lester Holt then recited the “group think” about “Russian aggression” in Ukraine – ignoring the U.S. role in instigating the Feb. 22, 2014 coup that overthrew elected President Viktor Yanukovych. Holt also asserted Moscow’s guilt in the July 17, 2014 shoot-down of Malaysia Airlines Flight 17 despite the lack of any solid evidence to support that claim.

Holt asked: “Secretary Clinton, you famously handed Russia’s foreign minister a reset button in 2009. Since then, Russia has annexed Crimea, fomented a war in Ukraine, provided weapons that downed an airliner and launched operations, as we just did discuss, to support Assad in Syria. As president, would you hand Vladimir Putin a reset button?”

While noting some positive achievements from the Russian “reset” such as a new nuclear weapons treaty, help resupplying U.S. troops in Afghanistan and assistance in the nuclear deal with Iran, Clinton quickly returned to Official Washington’s bash-Putin imperative:

“When Putin came back in the fall of 2011, it was very clear he came back with a mission. And I began speaking out as soon as that happened because there were some fraudulent elections held, and Russians poured out into the streets to demand their freedom, and he cracked down. And in fact, accused me of fomenting it. So we now know that he has a mixed record to say the least and we have to figure out how to deal with him. …

“And I know that he’s someone that you have to continuingly stand up to because, like many bullies, he is somebody who will take as much as he possibly can unless you do. And we need to get the Europeans to be more willing to stand up, I was pleased they put sanctions on after Crimea and eastern Ukraine and the downing of the airliner, but we’ve got to be more united in preventing Putin from taking a more aggressive stance in Europe and the Middle East.”

In such situations, with millions of Americans watching, no one in Official Washington would think to  challenge the premises behind these “group thinks,” not even Bernie Sanders. No one would note that the U.S. government hasn’t provided a single verifiable fact to support its claims blaming Assad for the sarin attack or Putin for the plane shoot-down. No one would dare question the absurdity of blaming Assad for every death in Syria’s civil war or Putin for all the tensions in Ukraine. [See, for instance, Consortiumnews.com’s “MH-17’s Unnecessary Mystery.”]

Those dubious “group thinks” are simply accepted as true regardless of the absence of evidence or the presence of significant counter-evidence.

The two possibilities for such behavior are both scary: either these people, including prospective presidents, believe the propaganda or that they are so cynical and cowardly that they won’t demand proof of serious charges that could lead the United States and the world into more war and devastation.



Investigative reporter Robert Parry broke many of the Iran-Contra stories for The Associated Press and Newsweek in the 1980s. You can buy his latest book, America’s Stolen Narrative, either in print here or as an e-book (from Amazon and barnesandnoble.com). You also can order Robert Parry’s trilogy on the Bush Family and its connections to various right-wing operatives for only $34. The trilogy includes America’s Stolen Narrative. For details on this offer, click here.

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Meet Debbie Wasserman Schultz's First-Ever Primary Challenger: Tim Canova Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=29455"><span class="small">Glenn Greenwald, The Intercept</span></a>   
Wednesday, 20 January 2016 15:50

Greenwald writes: "In general, Debbie Wasserman Schultz is the living, breathing embodiment of everything rotted and corrupt about the Democratic Party: a corporatist who overwhelmingly relies on corporate money to keep her job, a hawk who supports the most bellicose aspects of U.S. foreign policy."

Glenn Greenwald. (photo: AP)
Glenn Greenwald. (photo: AP)


Meet Debbie Wasserman Schultz's First-Ever Primary Challenger: Tim Canova

By Glenn Greenwald, The Intercept

20 January 16

 

ebbie Wasserman Schultz, the six-term congresswoman from South Florida and chair of the Democratic National Committee, has been embroiled in numerous significant controversies lately. As the Washington Post put it just today: “DNC Chair Debbie Wasserman Schultz’s list of enemies just keeps growing.”

She is widely perceived to have breached her duty of neutrality as DNC chair by taking multiple steps to advance the Clinton campaign, including severely limiting the number of Democratic debates and scheduling them so as to ensure low viewership (she was co-chair of Clinton’s 2008 campaign). Even her own DNC vice chairs have publicly excoriated her after she punished them for dissenting from her Hillary-protecting debate limitations. She recently told Ana Marie Cox in New York Times interview that she favors ongoing criminalization of marijuana (as she receives large financial support from the alcohol industry). She denied opposing medical marijuana even though she was one of a handful of Democratic legislators to vote against a bill to allow states to legalize it, and in her interview with Cox, she boasted that her “criminal-justice record is perhaps not as progressive as some of my fellow progressives.” She also excoriated “young women” — who largely back Bernie Sanders rather than Clinton — for “complacency” over reproductive rights.

In general, Wasserman Schultz is the living, breathing embodiment of everything rotted and corrupt about the Democratic Party: a corporatist who overwhelmingly relies on corporate money to keep her job, a hawk who supports the most bellicose aspects of U.S. foreign policy, a key member of the “centrist” and “moderate” pro-growth New Democrat coalition, a co-sponsor of the failed Stop Online Piracy Act (SOPA), which was “heavily backed by D.C. favorites including the U.S. Chamber of Commerce and the music and motion picture industries” and which, if enacted, would have allowed extreme government and corporate control over the internet.

In 2012, at the height of the controversy over the “kill list” that the New York Times revealed Obama had compiled for execution by drone, she said in an interview she had never heard of it and mocked the interviewer for suggesting such a thing existed. In 2013, she demanded that Edward Snowden “be extradited, arrested, and prosecuted” because he supposedly “jeopardized millions of Americans” and then called him a “coward.” “The progressive wing of the party base is volubly getting fed up with her,” declared the American Prospect last week.

This year, however, Democrats nationwide, and in her district, have a choice. For the first time in her long congressional career, she faces a primary challenger for the Democratic nomination. He’s Tim Canova, a smart, articulate, sophisticated lawyer with a history of activism both with the Occupy movement (he’s against the Wall Street bailout for which Wasserman Schultz voted and the general excesses of big banks and crony capitalism) as well as a steadfast opponent of the Patriot Act (for which Wasserman Schultz repeatedly voted).

He has worked with former New Mexico Gov. Gary Johnson against the drug war and private prisons; worked with the Sanders campaigns of the past; and was a former aide to the late Sen. Paul Tsongas. He is an outspoken advocate of the Ron Paul/Alan Grayson-sponsored Audit the Fed bill, and a vehement opponent of the Trans-Pacific Partnership trade agreement. And he has vowed to run a campaign based on small-donor support, calling Wasserman Schultz “the quintessential corporate machine politician.”

As David Dayen reported last week in the New Republic, the widespread dislike for Wasserman Schultz around the country has already triggered substantial support and donations for Canova. To compete, he will need much more. You can visit his website here. But beyond that, I spoke with him late last week to explore his views, his motives for running, and what he believes are the greatest contrasts between him and the incumbent he is challenging:

GREENWALD: My guest today is Tim Canova, who recently announced a primary challenge in Florida’s 23rd congressional district to the Democratic incumbent, Debbie Wasserman Schultz, who, in addition to representing that district, is the chair of the Democratic National Committee. It is the congresswoman’s first primary challenge ever.

Tim is a former aide to the late Sen. Paul Tsongas and currently a professor at Nova Southeastern University Shepard Broad College of Law. Tim, thanks so much for taking the time to talk with me. I want to begin by asking you:

It’s one of the most difficult things in American politics to challenge an entrenched incumbent, and in this case, Congresswoman Wasserman Schultz is sort of the embodiment of an entrenched incumbent. It’s her sixth term that she’s currently serving. She hasn’t really been challenged very successfully in the past, and she’s also the chair of the DNC and has that whole apparatus behind her. What are the motivators that led you to take on this challenge?

CANOVA: If we had spoken a year ago, this wouldn’t have been on my radar. Last summer, I was very active with a bunch of grassroots organizations here in South Florida, lobbying against the fast track vote for the Trans-Pacific Partnership, and we were lobbying her office, trying to make contact with her or her top aides, and we got nowhere. And it was frustrating. She was one of the only Democrats in the House in the country to vote for fast track and she was the only Democrat in Florida’s delegation to vote for fast track. She had voted for the Korean Free Trade Agreement. She’s been taking lots of corporate money.

According to the Center for Responsive Politics, she took $300,000 in just a two-year period, 2012 to 2014, from groups that support the TPP, and only about $23,000 from groups opposed to it. The Citizens Trade Campaign that I’ve been working with, it consists of a lot of organized labor, a lot of union people, and a lot of progressive Democrats. And these are constituencies that she’s been taking for granted, precisely because she’s run unopposed all of these years. She’s been able to take working folks for granted.

And the TPP was really a lightning rod issue. I think it should be. We saw how just a week or two ago, TransCanada, the big Canadian energy giant, announced it was going to sue the U.S. government for $15 billion for not going forward with the Keystone XL pipeline. And that’s under NAFTA’s investment protection provisions. The TPP has very similar provisions. So now we’re going to open up these types of challenges to another half-dozen to dozen countries that are not in NAFTA who will be able to challenge the sovereignty of U.S. law. And when I say “challenge it,” you probably have read up on this enough to know that these companies are not going to be able to overturn the laws, but they will be able to get the taxpayer to have to pay for their compliance with the laws. So it really shifts the cost of compliance from corporations to taxpayers.

It’s a way to enshrine in international law what these corporations could not get through in constitutional jurisprudence, which is the regulatory takings approach, the idea that whenever the government regulates in a way that impedes the value of an investment, it should be considered a taking of property requiring just compensation. They couldn’t get that line of analysis through the Supreme Court, they go around it and they enshrine this in multilateral trade and investment agreements, bilateral investment treaties. And it’s become a litmus test at this point, and deservedly so. It’s environmental laws, it’s health and safety, it’s labeling laws. It really puts an awful lot of the kinds of protections that we’ve come to rely on and need up for sale, in a way.

GREENWALD: The TPP is obviously controversial in certain policy and intellectual circles. My guess is that a small percentage of Americans have even heard of that agreement, let alone have strong opinions about it, although they probably are a lot more informed and opinionated about trade issues generally because of the effect it’s had on jobs and the NAFTA controversy.

Do you have a strategy for communicating why a seemingly esoteric conflict like the TPP is something that moved you and ought to move voters to reject their incumbent representative?

CANOVA: Well, my friends in labor who are very supportive of this candidacy, and are really like-minded in that somebody should step up and challenge her — they make the argument that it’s going to lead directly to a lot of job losses, and they’ve got the statistics about just how many job losses came about from the Korean Free Trade Agreement. I’ve been trying to link these discussions about TPP to what every Floridian should see as an existential threat, and that is climate change. In 20 or 30 years down the road, big parts of South Florida could be underwater.

It’s not just the tourist industry, it’s people’s homes and businesses that could be in danger. And if we’re going to start confronting climate change, either through regulating carbon emissions or finding funds for infrastructure investments to mitigate the effects of climate change, TPP just gets in the way right down the line. Now I hear you, and I agree with you, that most people don’t understand those connections and many people have never heard of the TPP. I’m hoping this campaign starts elevating the discussion and informing people and helping to educate voters. I think it’s already beginning to happen a little bit.

But I’ve also got to say the TPP is not the only issue we’re running on. Wasserman Schultz has been taking — and you know this, The Intercept published a piece about the kind of money she’s been taking from big alcohol PACs. She’s for private prisons.

GREENWALD: While she’s been a hardcore drug war warrior and in favor of the penal state for putting people in cages for consuming drugs.

CANOVA: Exactly. And, you know, that’s not popular in this district. In 2014 there was a statewide referendum on medical marijuana. Fifty-eight-and-a-half percent of the voters in this state voted for it, for medical marijuana. It needed 60 percent to pass, so it came close. She was against it. Her votes in Congress have been against medical marijuana. I say, allow states to decide these issues on medical marijuana and recreational marijuana. We should not be locking people up, for what? Using the same drugs that apparently the last three American presidents, and, by some surveys, a majority of the American people have tried.

GREENWALD: One of the things that I do think people understand relating to the TPP and some of the other critiques you’ve voiced is the idea that there are a lot of people who go to Washington, take lots of money from corporate interests, and end up serving those interests at the expense of the ordinary voter, often contrary to the rhetoric they like to spout. That’s probably part of the reason for Donald Trump’s success, who has sold himself as a self-funder and therefore immune to those influences, and it’s definitely a big part of Bernie Sanders’ success as well, critiquing this kind of systemic, legalized corruption.

Where does Debbie Wasserman Schultz fall on the spectrum of political officials with respect to how much corporate money she relies on, and then how much corporate interest she serves?

CANOVA: OK. First, let me say, your first question was what animated me to jump in, and I started with the TPP. But this question really gets to the thematic heart of the campaign. Across the board, whether it’s the TPP or the drug war, she’s taking a lot of corporate money, and she’s been taking it for years. She talks the talk about campaign finance reform — she will say she’s for campaign finance reform — but she’s not walking the walk.

She voted recently the way most of Congress did on this latest omnibus spending bill. There were a couple of terrible provisions that allowed dark money to remain in our politics. One provision that she voted for in this omnibus package was to prevent the Securities and Exchange Commission from writing rules for transparency — to require corporations to disclose to their shareholders the extent of their campaign contributions; their political spending. Another ties the hands of the Internal Revenue Service from creating rules to curb special interest donors from forming these sham social welfare organizations that hide political spending.

She’s been raising corporate money for herself; she’s been giving it away to other candidates. She is the quintessential corporate machine politician. She really is, across the board. And then it influences her votes. And it’s not just TPP and the drug war, it’s Wall Street issues, and this is really what I’ve been teaching and writing about for many years. Just in the past few months — the past year or two — she has voted to prevent the Consumer Financial Protection Bureau to write rules to regulate payday lending, to prevent racial discrimination in car loans.

In December 2014, she voted to eliminate the part of Dodd-Frank that had prevented big banks from using deposits to speculate in financial derivatives. So she doesn’t have any real vision for public finance other than lining the pockets of her donors.

GREENWALD: So, one of the issues that has arisen over the past few years, most prominently with regard to the Federal Reserve, is this movement to subject the Fed to comprehensive, probing audits. And what I’ve always found interesting about that debate is that it had lots of support from people on the left like Dennis Kucinich and Alan Grayson, who were prime movers of that in the House, and then also from elements on the right. People like Ron Paul, this sort of libertarian faction who sees the dangers of crony capitalism.

Where do you stand specifically on the question of auditing the Fed, and more generally, do you see this potential for — on economic issues and on issues regarding Wall Street and the Fed — for there to be some kind of a union between ordinary people on the left and the right who are both being victimized in the same way by these kind of systemic corruptions?

CANOVA: Absolutely. In 2010, I worked with Alan Grayson’s staff, and with Bernie Sanders’ staff, and with Ron Paul’s staff, on the transparency and provisions that went into Dodd-Frank. The transparency of the Fed — the two GAO audits. That I’m sure you know about. The GAO had one audit that dealt with the governance of the Fed and their conflicts of interest, and the second one dealt with the Fed’s emergency lending facilities, which lo and behold, rewarded those big banks that dominated and continue to dominate the Fed’s governance.

So I am very much in favor of auditing the Fed on a regular basis and reforming the Fed so that its governing boards more reflect the diverse interests of society, and not just bankers.

This is a tradition that goes back to John Commons, the great institutional economist of the 1930s and 1940s, [and] Leon Keyserling, the head of Harry Truman’s council of economic advisers. This used to be, some decades ago, part of the discussion as far as reforming the governance structure of the Fed. It needs to be part of the conversation again. And, you’re hitting it on the head when you say this is a discussion — this is an agenda — that spans the spectrum from right to left.

I saw it when I was involved in Occupy Wall Street, at the Occupy Los Angeles encampment. There were plenty of tents and banners, you name it, saying “End the Fed.” I taught at the People’s Collective University at Occupy LA, and I taught a workshop on the Federal Reserve, and I was making the case: “Let’s not end the Fed, let’s mend the Fed. Let’s reform the Fed.” And it’s a discussion that people on the right and people on the left can get engaged in very quickly. Unfortunately, in Washington, it’s the mainstream establishment center of both parties that resist this kind of reform.

GREENWALD: Speaking of the mainstream establishment center in both parties resisting reform, obviously a lot of the topics I write about and that The Intercept covers center on surveillance policy and foreign policy, where there is an enormous amount of agreement between Republican and Democratic establishment wings.

Can you just sort of give me your general perspective on where Debbie Wasserman Schultz is in those areas, and how you differ from the standard Democratic orthodoxy and the Republican orthodoxy on those questions as well?

CANOVA: The Patriot Act is probably the original starting point in this discussion, and I was not a proponent of the Patriot Act at the time, and Wasserman Schultz is. So I’m very skeptical of concentrated power in this national security state. Dismantling that power and exposing it to the light of day is a job and a half, as you know personally, and how to do that? Congress is a place where you can start doing it.

I certainly hope if I’m elected and if I serve in Congress, that I would be a critic of this concentration of state power that’s being used for surveillance. And not just surveillance, I’ve got to say, it really goes to a lot of the United States’ approaches in its foreign policy abroad. I think the drone war has been a disaster. It’s a way that the president and the administration can talk tough and look tough, but in my estimation, it is creating far more enemies than it is killing. It’s not serving our long-term interests.

We should be looking for a general disarmament in this part of the world, instead of the United States leading this race among major powers in arms sales to these regimes. The conflicts that exist between Arabs, Muslims, Jews, Sunnis, Shiites are centuries old — decades old, centuries old — and arming these countries to the teeth is not a solution. At all. For foreign policy. At least not in a way that’s going to serve the interests of humanity and try to bring peace to that part of the world. It used to be, 100 years ago, the world would have disarmament conferences. How effective they were, the history books can write about. But it’s not even discussed at this point.    

GREENWALD: Yeah, even Reagan and Gorbachev and Nixon and Brezhnev had incredibly successful disarmament conferences as well, and ultimately, treaties, and you’re right — it’s essentially off the agenda.

CANOVA: That’s right. And with Reagan and Nixon, the arms treaties [we] are talking about are thermonuclear weapons. In our day and age, yes, we have to have disarmament of thermonuclear weapons, but we also have to have disarmament of all other kinds of weapons that we see being used in these proxy wars throughout the Middle East.

The proxy wars have been a disaster. There’s something to be said for the critique that I’ve heard Bernie Sanders and Donald Trump actually make, that we should have left “well enough” alone in Syria. And this policy of trying to continue with regime change — you know, Bush was criticized for regime change; it’s continued under the Obama administration, and all it has done is created vacuums for more radical groups like ISIS to gain greater influence, greater strength.

It’s led to all kinds of — not just destabilization, but massive death, dislocations of people. It’s a horror show. It’s got to stop, and disarmament and talking through peacefully to resolve disputes has got to be put on the agenda, and I don’t see it on the agenda from most of these candidates, and certainly Wasserman Schultz doesn’t talk like that.

GREENWALD: Absolutely, she does not. Let me just ask you a couple of last questions here. People are just now for the first time hearing about your primary challenge, and becoming familiar with you, and who you are, and what your positions are, so could you just talk a little bit about your history of political activism and your professional background as well?

CANOVA: Sure. I am a lawyer by training. I studied at Georgetown University, and then was a Swedish Institute visiting scholar at the University of Stockholm. I practiced law in Manhattan for a large firm for a few years, and then went into teaching, and really my entire legal career was animated by the study of, you can say, making our institutions more democratically accountable. The thesis I wrote as a Swedish Institute visiting scholar was a comparison of Swedish and American labor law and corporate law, and comparing how in Sweden and in other European countries, labor had a seat at the table. Fifty percent of the board members were labor. And in the United States, labor doesn’t have a seat at the table. They get run over. So that is the orientation — more democracy — that has animated me throughout my career.

I served on Capitol Hill as a legislative aide to the late U.S. Sen. Paul Tsongas in the early 1980s. A lot of this is on my campaign website, on the About Tim page — that I was an opponent of financial deregulation very early. I was writing in the early 1980s that the Garn-St. Germain Act, deregulation of depository interest rates and lending standards, would be a disaster, that it was a repeat of what had happened in the 1920s. It opened the door to predatory lending and sub-prime mortgages. I was calling that decades before that actually came to a crisis stage, you could say. In the 1990s, both as a lawyer and as a law professor, I was warning against getting rid of Glass-Steagall — Brooklyn Law Review article in the mid 1990s, 1995. I warned against financial derivatives. So I’ve been a constant critic of Wall Street deregulation. I’m for Main Street; I always have been. I believe in the New Deal. I believe in bottom-up economics.

My activism has manifested itself in many ways, in many forms: certainly the anti-corporate globalization movement during the time of Seattle, against the Free Trade Area of the Americas Agreement. When I was a professor at the University of New Mexico, I threw myself into a grassroots campaign to get rid of felony disenfranchisement, and it was one of the great grassroots movements I’ve ever been involved in. It’s a small state and we were able to see change come real fast. It was right after the 2000 deadlock in Florida. There was a deadlock in New Mexico also, and we woke up to find that there weren’t enough electoral votes to count in New Mexico compared to Florida, but New Mexico was one of, I think, nine states at the time where someone who was convicted of a felony was barred for the rest of his or her life from voting. And we had an opportunity because we had, even though he was a Republican governor, he was a libertarian governor, Gary Johnson, who was trying to end the war on drugs.

We got a grassroots movement that lit a fire underneath him. We got Democrats in the state house, in the legislature, to pass legislation within two months, and Gary Johnson signed it. And that’s all it took, was two months of good organization and a lot of grassroots lobbying and New Mexico was no longer a felony disenfranchisement state.

And then there’s the Occupy movement, so I’ve been engaged really my whole life. I know some people have said, “Well, you haven’t run for political office.” No, but I’ve been engaged in grassroots lobbying and activism, and the focus of my mind, my heart, my soul, has really been on public policy issues and trying to create a better world.

GREENWALD: The last question. The critique that you’re making of how Debbie Wasserman Schultz funds her political career and her reliance on big corporate money is one that resounds to a lot of ears. The problem, however, is the reason politicians go in and feed at that trough, is that it’s a really potent weapon. It helps them buy ads, it helps them build campaign staff and get re-elected.

What is your strategy for being able to be competitive with someone so well-funded by large corporate interests, and how can people who want to see her subjected to a real competitive challenge, and even lose, how can they get involved in your campaign and support it and help? 

CANOVA: Well, I’m not taking any corporate money, and I think that that is resonating with folks. In the first three days after I launched the campaign, we got over 1,000 individual contributions. It’s now been a week and I’ve lost track; it’s somewhere between 1,500 and 2,000 individual contributions. You don’t see that at most campaigns. I know in some ways we’re fortunate compared to other first-time insurgent challengers, because Debbie Wasserman Schultz is the poster child of a lot of what’s wrong with the Democratic Party. We’re attracting donors from all over the country.

We’re igniting the grassroots here in Florida. So we are raising money. We need to raise a lot more to compete with her, and I would just urge folks to go to timcanovaforcongress.com, to give what they can. It doesn’t have to be a lot, but it adds up with people power. It has been adding up, so that’s our strategy, and we’re fortunate that we’ve gotten so much good attention so quickly.

GREENWALD: Well, I really want to thank you for taking the time to talk to me. I think it’s been super enlightening, and I wish you the best of luck.

CANOVA: Well, Glenn, thank you. I really appreciate you having me, and I want to thank you for your lifetime of work. You’re an inspiration to me and to a lot of other people, and it’s an honor to be interviewed by you.

GREENWALD: Thank you so much.

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The Lynching of a Madison Lesbian: Wisconsin's Wrongful Conviction of Penny Brummer Print
Wednesday, 20 January 2016 15:29

Leon writes: "Madison police and the Dane County Sheriff's detectives decided Penny Brummer, 24-years-old, was the perpetrator of her friend's murder. No physical evidence, no weapon, no motive, no determined crime scene, just a theory-what is known as police 'tunnel vision,' disregarding all exculpatory facts and evidence that would not support or disconfirm the theory."

Penny Brummer, who sits in prison serving a life sentence for a murder many believe she never committed. (photo: Michael Leon)
Penny Brummer, who sits in prison serving a life sentence for a murder many believe she never committed. (photo: Michael Leon)


The Lynching of a Madison Lesbian: Wisconsin's Wrongful Conviction of Penny Brummer

By Michael Leon, CounterPunch

20 January 16

 

y now, many readers have seen or heard of Making a Murderer, the tale of vengeful law enforcement hicks from Manitowoc County Wisconsin preying on an intellectually challenged juvenile and framing a man suing Manitowoc County for $36 million in a civil lawsuit for a wrongful conviction.

While shocking to some, the capacity and inclination of law enforcement to harass, arrest, prosecute and convict is axiomatic to most criminal defense attorneys, intellectually honest scholars and certainly those citizens on the receiving end of the blunt instrument known as law enforcement by the “Sovereign,” the “state in all its power and glory,” as described to me by federal appellate attorney, Sidney Powell, a former Asst. U.S. Attorney.

The victims of Manitowoc County, (a region in east-central Wisconsin from which I hail), are a disgrace. But the progressive fountain of Dane County Wisconsin (Madison) is arguably worse than Manty County in the criminal justice realm. Folks, we live in a police-prosecutor-prison state, (and its existence a compelling argument for a coalition of the American libertarian right and left)

I present to you one Penny Brummer, an out lesbian who joined the military right of River Valley High School in Springgreen, Wisconsin and served honorably in the Air Force for five years before returning home and then moving to Madison in the early 1990s.

In her mid-20s, Penny fell in and out of love, drank beer and bar-hopped, rode motorcycles, living her life in a similar fashion to most young 20-somethings in Madison, Wisconsin.

In the early to late 1990s, Madison was not a welcoming place for the LGBTQ community by Madison law enforcement, whatever you may have heard about Madison being an progressive oasis with an enlightened police force.

Police harassment and hostility was tolerated by progressives and to this day, for example, the former Club 3054 on East Washington Street, the main drag, is recalled for targeting by the cops by former patrons.

So it was one March 15, 1994, after Penny broke up with her girlfriend, and looking for company called friends and co-workers to “go out” on a Monday night. Sarah Gonstead said, yes, and Ms. Gonstead and Penny happily bar-hopped before Penny dropped Gonstead off at a frequented short-cut to her ex’s place, where Penny saw Gonstead strike up a conversation with some guys next to a line of motorcycles, one of the men with long hair and slight build.

No one saw Sarah Gonstead alive again. Gonstead’s body was found on April 9 outside of Madison.

Madison police and the Dane County Sheriff’s detectives decided Penny, 24-years-old, was the perpetrator. No physical evidence, no weapon, no motive, no determined crime scene, just a theory—what is known as police “tunnel vision,” disregarding all exculpatory facts and evidence that would not support or disconfirm the theory.

For example, and I offer just one point, as recounted by author and attorney Sheila Berry in her book, Who Killed Sarah: “David Zoromski, who reported seeing a suspicious man standing by the open passenger door of a parked pickup truck exactly where Sarah’s body was later found, was told by a Dane County Sheriff’s Deputy, ‘What you saw is all very interesting, but we have a suspect and it doesn’t fit.’ The man seen by Mr. Zoromski matched the description of the person Penny said she saw Sarah talking to near the Taco Bell at East Washington Avenue and North Oak Street in Madison, [by the short-cut], after she dropped her off that night. Police identified him and knew he was a convicted felon with a long history of violence toward women — but they never followed up on this lead.”

Attorney Berry was asked by her daughter to do something after reading a piece by Ingrid Ricks about the case in The Advocate in 1995, so she penned a book.

So Penny Brummer sits in prison in Taycheedah Correctional Institution in east-central Wisconsin, prosecuted by the district attorney’s office of Brian Blanchard (2001-2010), and trial presided over by former Judge Patrick Fiedler, former Gov. Tommy Thompson’s close political ally and comrade in the lock-em-up-and-make-their-lives-a-living-hell politics that won Thompson multiple elections with Scott Walker while he was serving in the State Assembly Committee on Corrections and the Courts.

A new trial for Penny Brummer is demanded by advocates who began a petition this week. They also offer a $10,000 reward for information leading to the arrest and conviction of the person(s) responsible for the death of Sarah Gonstead, and an 800 number for tips at 800 407-1178.

Brummer today sits in prison serving her life sentence. Former DA Blanchard is a state appellate judge running unopposed this year, and serves as Vice-Chair of the Wisconsin Judicial Council, revamped and politicized by Wisconsin Republicans and Scott Walker.

Do Penny Brummer and Wisconsin a favor and sign and circulate the petition for a new trial. We need a win and so does Penny. Penny Brummer could not be convicted today, explaining perhaps why the current DA refuses to revisit the case.

As Prof. Keith Findley of the Wisconsin Innocence Project concludes last weekend in a column in the Washington Post: “We must make the system more responsive to post-conviction claims of injustice and less bound by blind obedience to finality.”

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