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Watching Ferguson Burn: What Constitutes Appropriate Rebellion? Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=32445"><span class="small">Jeb Lund, Rolling Stone</span></a>   
Thursday, 27 November 2014 17:02

Lund writes: "Watching the preparations Ferguson, Missouri, made for St. Louis County Prosecuting Attorney Robert McCulloch's announcement of the grand jury findings in the case of Officer Darren Wilson's killing of Michael Brown was deeply unsettling."

Riot police run past a burning St. Louis County police car as hundreds of protesters gather in Ferguson, Missouri on November 24th, 2014. (photo: Jahi Chikwendiu/Getty Images)
Riot police run past a burning St. Louis County police car as hundreds of protesters gather in Ferguson, Missouri on November 24th, 2014. (photo: Jahi Chikwendiu/Getty Images)


Watching Ferguson Burn: What Constitutes Appropriate Rebellion?

By Jeb Lund, Rolling Stone

27 November 14

 

"A riot knocks on the door and, when it stays closed, kicks it back open"

his is what it feels like when you feel like you can't go any lower. I understand the anger, but I'm sad. The way this is going to be told, is these people will seem crazy. That's the way the narrative will go. But these people are worse than crazy, they're hopeless at this point. And this is what it looks like when people get to the point of hopelessness."
Dr. Stefan Bradley, All In With Chris Hayes, Ferguson, Missouri

Days before the grand jury verdict, the typical Constitution Bozo Outfitter in my mom's hometown, like so many signs across the south, read, "Pants Up, Don't Loot." The admonishment was familiar to anyone following the racial discourse in living memory. Bill "Here, Drink This" Cosby only became more beloved by white America for telling black people their problems began at their belts. The racial equivalent of telling a hippie to get a haircut, it ignores that the rest of the system isn't rigged against the hippie. It doesn't matter if a crowd's pants are down if you pay attention to the man at the dais reading out a miscarriage of justice while the walls go up around them.

Watching the preparations Ferguson, Missouri, made for St. Louis County Prosecuting Attorney Robert McCulloch's announcement of the grand jury findings in the case of Officer Darren Wilson's killing of Michael Brown was deeply unsettling. A dismal air of inevitability hung over the event. The Ferguson police had negotiated some terms with protesters, but they still had their police tanks and gas canisters at the ready. Even in Clayton, Missouri, they were putting locks on the fucking mailboxes. That's how little you could trust these people. You couldn't trust them with mail. Civic unrest trumps civic failure, and nothing occludes institutional contempt for the citizenry like wanton displays of disrespect for process. This is America: You're supposed to play by the broken rules until you can fix them, even if they're fixed beyond correction.

Once McCulloch began speaking, his office and Ferguson's anodyne preparations took on a note of the sinister. Announcing a "no bill" grand jury vote on an explicit 10-shot killing late at night might been chalked up to the bumbling of an overwhelmed office during the day, but later it seemed almost ideal for the purposes of impeaching protester backlash by having as many pissed off people off from work with nothing to do but be on the street. A target-rich environment of institutional excuses. All those weeks of leaked grand jury details — optimistically written up by the media as tempering details intended to manage expectations — instead seemed like prep. Rather than letting off steam slowly, it felt like stoking the fire.

The gall of McCulloch's comments only emphasized the notion that the worst was being planned for because the worst was being engendered. He began by condemning social media and 24-hour media for listening to some eyewitnesses and broadcasting incomplete details — as if the outrage here stemmed from citizens drawing attention to their outrage, not a white cop gunning down an unarmed black youth over jaywalking with rolling papers. It was all too redolent of the right-wing playbook that says, "The real racist is someone who sees racism when I don't," only tweaked to, "The real outrage was all these expressions of outrage without my consent."

Next, he delivered a litany of details so heavy with emphasis on Mike Brown that it was easy to forget that Brown was not the subject of potential indictment. All suspicions of McCulloch's family ties to police and history of giving them a pass seemed instantly justified: The man tasked with seeing if Darren Wilson could be put on trial decided instead to question his victim. Meanwhile, the absurd length to which McCulloch went to make the narrative as muddied as possible appeared intended to justify the "document dump" he gave the grand jury. The atmosphere of see? who could even make head or tail of this? obscured the fact that it's a prosecutor's job to weed out conflicting data to present a grand jury with a clear narrative and secure an indictment. It is, in fact, ridiculously and overwhelmingly easy for a prosecutor to get an indictment.

McCulloch followed his document dump on the grand jury with one on the media. Instead of a focused response of op-eds, the media instead must now do the job of crafting narrative that McCulloch abdicated. At worst, it's meant to buy enough time that the fires of outrage in Ferguson have dissipated before they have a clear enough paper trail to fuel them. At best, McCulloch's refusal to tell a story means that he has offered no story to be gainsaid. You can't poke holes in disaggregated pile of data the way you can in a tapestry and have anyone take as much notice. Omission and indolence are less galvanic than lies. By surrendering the duty to make some kind of case, McCulloch puts the onus to do so on a media he has already condemned as biased, at which point the only two characterizations of the sloppy pile he's left behind are the work of incompetence or corruption.

Combined with the Ferguson and Clayton police preparations, McCulloch's entire demeanor seemed to say, "Your move," and either way the black community was fucked. If they didn't riot, then the rotten system that lets white cops get away with killing black kids and prosecutors get away with using the law to absolve them works. Even a peaceable demonstration of disgust and refusal to some extent absolves the machine that churns up bodies. You have your vote, you have your First Amendment, and if nothing changes, then that must mean what we have is the most just compromise we can strike. Even if striking it requires turning your town into a fortress to make sure that we can all shake on the deal and walk away.

But they did riot, and you could see the smug radiate off Twitter from every white armchair general in the modern American race war. "The blacks" sank to the expectations set so low by images of the fortress state of their town. Set aside the fact that turning a town into a fortress to "contain" the calls for redress from a population is an act so offensive that it itself should provoke a riot. The great authoritarian trick about preemptively implying that everyone in a town is a lawless goddamn animal is that there is no immoral law or immoral selective suspension of the law that they can then rebel against without confirming the echoing pre-judgment that they are animals.

How, after all, do you not resort to lawlessness when the law shows an inherent disinterest in upholding the law, if the preservation of the status quo takes precedence over the pursuit of justice? Or, more pointedly, how can you legitimately do that if you're the wrong kind of person? What constitutes appropriate rebellion is an easy question to answer for every armed neoconfederate asshole with an annotated Glenn Beck version of the Constitution. Unrest and revolt is 100 percent OK within the right kind of demographic, which is why white dudes can parade around government buildings with AR-15s on their backs in a display of political unrest as "heritage," while ACORN registering votes and preventing predatory lending constitutes organized crime. It's the same reason why midwesterners can look at blacks vandalizing police cars — symbols of oppression and murder from an unaccountable overclass — and condemn it while unironically celebrating the political vandalizing and looting of the Boston Tea Party. A riot and the tea party acts of forceare impossible to mute in a way that signs and petitions are not, and white men with guns know this. You can't politely shut the door and say, as McCulloch and his ilk did in August, "I'm terribly sorry, sir, but this isn't the time." A riot knocks on the door and, when it stays closed, kicks it back open. But who we charge for the door is prosecutor's discretion.

McCulloch ended his presser with mealymouthed platitudes about working together to ensure that events like those in Ferguson would never happen again. What he didn't acknowledge was that he had been working for months to ensure that this one happened and lots more will follow. A thug in a suit boosting the law to make it do what he wants ensures that someone else will try the same thing, regardless of his wardrobe or his standing on the social spectrum. What separates McCulloch from those he inevitably creates is only appearance.

Ultimately, the high-minded civic bullshit and even the historical narrative-saving protests of the white protester is just a temporary pose. It's costuming for a day, with the resumption of life awaiting the player the moment he gets tired, takes off his clothes and returns to being himself every day. McCulloch can go home, and every hippie or anarchist kid can get a haircut and a pair of flat-front chinos, and the moment they do, they all take their place among the civitas, with all rights to acceptance and recreational disobedience embodied therein. But a black dude can listen to every Cain, Carson, Cosby, Elder, Keyes, Sowell or Williams in the country and pull those pants up, and wherever he is and whatever he wears, he's still a black man in America. And we don't let those people disobey here.

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Thanksgiving Food of the Future: How Climate Change Could Transform Our Food Print
Thursday, 27 November 2014 16:59

Excerpt: "Climate change is changing the way we grow, distribute and choose food. Shifting environments could alter the nutritional value of our vegetables."

 (photo: Getty Images)
(photo: Getty Images)


Thanksgiving Food of the Future: How Climate Change Could Transform Our Food

By Anna Codrea-Rado, Nice and Serious, Guardian UK

27 November 14

 

limate change is changing the way we grow, distribute and choose food. Shifting environments could alter the nutritional value of our vegetables – but they could also result in tastier turkeys, as we look for more sustainable farming techniques. Our interactive explores what the future holds for the classic American holiday feast – click on the red arrows to learn more

Turkey

The backbone of turkey farming is corn. It’s the feed of choice for the majority of US turkeys – as it is for most livestock – so any fluctuations in price or supply of the grain will directly impact the poultry production process. It is also highly susceptible to climate change.

Corn cannot seed above 95 degrees. Michael Pollan, author of The Omnivore's Dilemma, warns that, if temperatures continue rise, production will be forced to move north, possibly even to Canada. This, in turn, will lead to increased reliance on imports, rising corn prices and, ultimately, to more costly turkeys.

Before that happens, Pollan hopes that consumer pressure will transform the face of the turkey industry. Turkey is already a meat that produces some of the lowest greenhouse gas emissions (it produces nearly 3 less than beef for example), but this varies depending on how the poultry is reared. Heritage turkeys, an alternative to the standard Butterballs, are the more sustainable option.

The turkeys are reared in a way more closely in line with how wild turkeys breed; fed off grass, mating naturally and growing for a longer time. This natural life cycle results in less intensive farming and lowers their carbon footprint – making them an attractive option for the Thanksgiving of the future.

Cranberry sauce

A cranberry harvest is a beautiful sight. The crimson fruit grow on vines in bogs and, when they're ready to be harvested, the bogs are flooded with water. The air inside the fruit makes them float up to the surface of the water, where they're scraped off with a wheel rake. This method, the first step in the process that leads to cranberry juice and cranberry sauce, is highly water-intensive. As such, it’s also very sensitive to changes to water quality and supply.

In Massachusetts, the second largest producer of cranberries in the US after Wisconsin, climate shifts have already had an impact on cultivation. Temperatures in the region have risen steadily, causing dry spells – and forcing farmers to use more water to irrigate their crops.

Although many farms use sustainable techniques such as water recycling, the challenge continues to grow. Rising sea levels, changes in rainfall and temperature shifts have already started to affect the balance of the water cycle. As this continues to happen, the production process, which is so reliant on water, may not be viable.

Stuffing

Cornbread or breadcrumbs? Sausage or mushrooms? Sage or rosemary? For families across the country, stuffing is the ultimate Thanksgiving battleground. For those who swear by pork sausage in their stuffing recipes, however, their family politics are about to bump into global geopolitics.

According to the Institute for Agriculture and Trade Policy, Chinese pork consumption has skyrocketed since the 1970s. Today, the average person in China eats 85lbs of pork per year. By comparison, the average American eats only 60lbs.

That pork habit comes with a cost: although it’s the world’s largest pork producer, China also heavily relies on US imports. In 2012, the US sent just under half a billion metric tons of pork to China. And, the following year, China acquired the US pork manufacturer Smithfield Foods, prompting a heated debate over what it means when a foreign country acquires a leading producer of culturally significant food.

Meeting these export demands comes with a steep cost. According to the USDA, the agricultural industry produces an estimated 15% of global greenhouse gas emissions, and the UN’s Food and Agriculture Organization (FAO) estimates that those emissions could increase by 30% by 2050.

Half of the agricultural industry’s emissions come from livestock. And, though pork is far more efficient than beef or lamb, it still accounts for approximately 10% of livestock-based greenhouse gas. As the FAO’s analysis demonstrates, while climate change will impact the food we eat in the future, the decisions we make about now – all the way down to our stuffing choices – are already having an impact on the environment.

Sweet potatoes

In 2014, Irakli Loladze, associate professor at the University of Maryland, conducted the biggest study to date of the effect of C02 on plants. He found that rising emissions, a key factor in climate change, could alter the makeup of plants, fundamentally changing the nutritional value of food.

"For [most] plants, rising CO2 does three things: it depletes essential human nutrition minerals in their tissues, it reduces protein in their tissues and significantly increases the ratio of carbohydrates to protein. That means, more starch and sugar in your potatoes, pumpkin and other C3 crops but fewer essential minerals."

The concern is that people will be consuming enough calories, but their diet will lack vital micronutrients such as iron, a phenomenon known as "hidden hunger".

The basic premise can be boiled down as follows:

More CO2?more photosynthesis?more carbohydrates (sugars and starch) in plants?fewer essential minerals in plants and on your Thanksgiving plate.

Potatoes

Potatoes are America's favorite vegetable – according to the USDA, they account for 15% of all vegetable sales. Idaho, the main producer, grew 13.2bn pounds last year.

Like corn, wheat and soybeans, potatoes are also a monocrop. They're grown each year, on the same land, with a harvest that happens at the same time. This type of industrial agriculture is big, cheap and yields uniform crops. Unfortunately, as the Irish potato famine demonstrated, it’s also highly susceptible to disease.

Climate change further increases the disease threat. Scientists from the University of Exeter in the UK studied the global spread of crop pests and found fungi – which devastates potato crops – to be the leading threat to crops worldwide. Scientists warn that if these pests continue to spread at their current rate, within 30 years the countries producing major potato crops will be overwhelmed by disease.

Green beans

Green beans may not seem like a particularly vulnerable part of the Thanksgiving plate, but many of them are imported. In fact, the US is the fourth largest importer of green beans, and the popular legumes are very dependent on the stability of international shipping.

The US Environmental Protection Agency (EPA) warns, "climate change is likely to damage transportation infrastructure through higher temperatures, more severe storms and higher storm surges". As Hurricane Sandy demonstrated in 2012, a storm surge can devastate a city's infrastructure in less than 24 hours, halting food delivery and causing shortages.

It doesn’t even take a catastrophic event to upset the food chain. As aging infrastructure gradually weakens under the pressure of extreme weather, it will have a growing impact on food, as well as on other commodities vital to the food production process. The costs associated with repairing or compensating for failing transportation infrastructure will result in higher food prices.

Wine

Without grapes, there is no wine, and without a constant climate, there are no grapes. Grapes are part of a plant group known as perennials. Unlike annual crops, which have their whole plant cycle in one growing season, perennials are planted once and last for years. They yield crops each harvest cycle.

As perennial plants, they are especially vulnerable to climate uncertainties. "The extremes in the environment that happen has a great effect on perennial crops like grapes because you can't just pick them up and move them," Lewis Ziska from the USDA says. "They're not annuals. You can't shift them from year to year – you're stuck where you're growing."

Grapes are highly sensitive to temperature changes. When the mercury creeps above 95 degrees, the sugar in the fruit starts to break down, spoiling the crop. This is a particular concern in Napa Valley, where temperatures have been rising by one degree each year and where drought and water shortage are already a major problem.

Pecan pie

To make almost any pie crust, you need flour. The global outlook for wheat – one of the world’s major staples, is far from rosy. A 2014 study by Stanford University found that by 2040 wheat yields across Europe could drop by more than 20% due to rising temperatures. In other words, the world’s supply of the grains, the cornerstone of the global diet, is depleting.

In the spring of 2014 the UN’s Intergovernmental Panel on Climate Change confirmed that the global food supply has already been affected. According to their most recent report, the rate of increase in wheat yields is slowing down. This problem is particularly pressing, given the fact that the rate of increase of the global population is growing.

In 2010, the International Food Policy Research Institute warned that climate change could push the price of food staples up by 130% by 2050. With an additional two billion people to feed by that time, this could be the basis of a food security crisis.

Pumpkin pie

What happens when almost the entire crop of one of the stars of the holiday table is grown in the same place? A big rain comes and washes it all away.

That's what happened during the Great Pumpkin Crisis of 2009, when heavy rains flooded Morton, Illinois, where 95% of US pumpkins are grown. As field after field of orange gourds rotted, even the few pumpkins that survived the moisture-induced blight weren't ready to harvest in time to meet the usual holiday demand.

To add insult to injury, back supplies of canned pumpkin were lower than average because the previous year's crop hadn't done so well either. As Nestle – the leading manufacturer of canned pumpkin – told customers that there wouldn’t be enough pumpkin for Thanksgiving, the dangers of agricultural monopolies and monocrops made itself manifest on store shelves across the US.

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Talking to James Risen About Pay Any Price, the War on Terror and Press Freedoms Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=29455"><span class="small">Glenn Greenwald, The Intercept</span></a>   
Wednesday, 26 November 2014 17:46

Greenwald writes: "That alone makes the book very worth reading, but what independently interests me about Risen is how he seems to have become entirely radicalized by what he's discovered in the last decade of reporting, as well as by the years-long battle he has had to wage with the U.S. government to stay out of prison."

Glenn Greenwald speaks to the media after arriving at John F. Kennedy International Airport on Friday. (photo: AP)
Glenn Greenwald speaks to the media after arriving at John F. Kennedy International Airport on Friday. (photo: AP)


Talking to James Risen About Pay Any Price, the War on Terror and Press Freedoms

By Glenn Greenwald, The Intercept

27 November 14

 

ames Risen, who won the Pulitzer Prize in 2005 for exposing the NSA warrantless eavesdropping program, has long been one of the nation’s most aggressive and adversarial investigative journalists. Over the past several years, he has received at least as much attention for being threatened with prison by the Obama Justice Department (ostensibly) for refusing to reveal the source of one of his stories—a persecution that, in reality, is almost certainly the vindictive by-product of the U.S. government’s anger over his NSA reporting.

He has published a new book on the War on Terror entitled Pay Any Price: Greed, Power and Endless War. There have been lots of critiques of the War on Terror on its own terms, but Risen’s is one of the first to offer large amounts of original reporting on what is almost certainly the most overlooked aspect of this war: the role corporate profiteering plays in ensuring its endless continuation, and how the beneficiaries use rank fear-mongering to sustain it.

That alone makes the book very worth reading, but what independently interests me about Risen is how he seems to have become entirely radicalized by what he’s discovered in the last decade of reporting, as well as by the years-long battle he has had to wage with the U.S. government to stay out of prison. He now so often eschews the modulated, safe, uncontroversial tones of the standard establishment reporter (such as when he called Obama “the greatest enemy of press freedom in a generation” and said about the administration’s press freedom attacks: “Nice to see the U.S. government is becoming more like the Iranian government”). He at times even channels radical thinkers, sounding almost Chomsky-esque when he delivered a multiple-tweet denunciation—taken from a speech he delivered at Colby College—of how establishment journalists cling to mandated orthodoxies out of fear:

It is difficult to recognize the limits a society places on accepted thought at the time it is doing it. When everyone accepts basic assumptions, there don’t seem to be constraints on ideas. That truth often only reveals itself in hindsight. Today, the basic prerequisite to being taken seriously in American politics is to accept the legitimacy of the new national security state. The new basic American assumption is that there really is a need for a global war on terror. Anyone who doesn’t accept that basic assumption is considered dangerous and maybe even a traitor. The crackdown on leaks by the Obama administration has been designed to suppress the truth about the war on terror. Stay on the interstate highway of conventional wisdom with your journalism, and you will have no problems. Try to get off and challenge basic assumptions, and you will face punishment.

I spent roughly 30 minutes talking to Risen about the book, what he’s endured in his legal case, attacks on press freedoms, and what is and is not new about the War on Terror’s corporate profiteering. The discussion can be heard on the player below, and a transcript is provided. As Risen put it: “I wrote Pay Any Price as my answer to the government’s campaign against me.”

GREENWALD: This is Glenn Greenwald with The Intercept and I am speaking today with Jim Risen, the Pulitzer Prize-winning reporter for The New York Times who has released a new book, the title of which is Pay Any Price: Greed, Power, and Endless War. Hey Jim, thanks so much for taking some time to talk to me.

RISEN: Thanks for having me. I appreciate it.

GREENWALD: My pleasure. So, I’ve read your entire book, and I have several questions about it, beginning with a general one, which is: there have been a lot of books written about the failures of the War on Terror, deceit kind of embedded with the War on Terror, most of which have taken the war on its own terms, and critiqued it because of strategic failures or of failure to achieve the claims which have been made to justify the war, and I actually have written a couple of books myself about the War on Terror from that perspective. Yours is really one of the first that has focused on a particular part of the War on Terror, namely the way in which economic motives, what you call the Homeland Security Industrial Complex, has driven a huge part of the war, and there’s a lot of new reporting about how that functions.

I wanted to ask you two things about that. One is, is that something that you intended to do; that you set out to do when you began writing the book, and if so, what led you to do that, and the second part of it is, how much of this economic motive is the cause of the fact that we’ve now been at war for 13 years as opposed to traditional war objectives such as increasing domestic power or asserting foreign influence. How big of a role do you think it actually plays?

RISEN: That was my goal. That was one of the key objectives of writing the book, and I think it plays a really central role in why the war is continuing. I think it’s basically that after so many years there’s a whole class of people that have developed. A post-9/11 mercenary class that’s developed that have invested in their own lives an incentive to keep the war going. Not just people who are making money, but people who are in the government who their status and their power within the government are invested in continuing the war.

So I was trying to show that it wasn’t just greed—it was partly greed—but it was also status, and power, and ambition that all intertwined to make it so that there’s very little debate about whether to continue the war, and whether we should have any real re-assessment on a basic level. So you’re right, I was trying to get at those motivations, I was trying to understand how we could have this prolonged period of war with such little debate. And I think it’s both economic incentives and personal power incentives and ambition and status.

GREENWALD: Let’s talk about the economic part of the motive, because obviously one of the most striking things about the war is not just its duration but the fact that it’s continued essentially unimpeded, notwithstanding these wild swings in election outcomes. You have the Republicans, who were in power when the war commenced, get smashed in 2006 and 2008 as a result of, at least primarily, as a result of dissatisfaction with the war in Iraq and the general state of things, but then you had the war continue under a president who kind of vowed to reign it all in, and then even when the Democrats get killed in 2010 and then again in 2014, there’s no signs of any of this letting up.

It’s easy to see why there’s this private sector—you know, the weapons manufacturers and the defense contractors, sort of a General Dynamics, Booz Allen world—that want the war to continue. They do really well when they’re selling huge amounts of machinery, weapons, and drones. But what causes the political class to be so willing to serve their interests so brazenly, even when public opinion is so overwhelmingly against it?

RISEN: That’s a question I’ve struggled with myself. I’ve tried to understand. I think we had one or two real moments when we could have gone in a different direction. The primary one was, of course, 2008. I think Obama had a chance. He had a mandate to do something different. And he didn’t do it. I think part of it was that he was never exactly what we thought he was, I think he was never really as liberal as people thought he was. I think a lot of voters invested in him their hopes and dreams without exactly realizing what he really was. I think he was always really more conservative than how he presented himself in 2008.

To give him a little bit of the benefit of the doubt, I think it’s very easy for the intelligence community to scare the hell out of politicians when they come in, and I think that Obama probably got seduced a little bit by the intelligence community when he arrived. All you have to do is look at a lot of raw intelligence to scare somebody. Convince them that “Oh, it’s much worse than you ever realized.” But at the same time, he must take some of the blame. He surrounded himself with a lot of the Bush people from the get-go. Brennan was on his campaign. Most of his team had some ties to the Bush years in the War on Terror.

To me, that’s the hardest thing to really sort out, the factors that led Obama—at that one moment, I think there was one opportunity he had in 2008 to make a significant change and he didn’t do it. And I think historians are going to be struggling with that for a long time.

GREENWALD: Well, let me struggle with that with you for a little bit because the idea, and I think it’s a commonly expressed one—there’s probably an element of truth to it—that a new president who doesn’t really have a great deal of experience with the military or the intelligence community has these impressive generals and CIA people coming in with medals on their chest and decades of experience and, as you say, purposefully scaring them.

But at the same time, anybody who’s remotely sophisticated about the world understands that that’s going to happen. Dwight Eisenhower warned of the military industrial complex 50 years ago. And you know that there are factions in Washington who maintain their power by scaring you, and you have your own advisors. If you and I know that so much of that is fear mongering, he has to know, right?

RISEN: Right, and I’m not trying to excuse it at all, and in fact I think it’s what he wanted. My own gut tells me that what he decided to do was in early 2009 was to focus on economic and healthcare policies and that in order to do those things on the domestic side, he had to protect his flank on national security and not fight the Republicans on national security, so I think there was a calculated move by Obama to prolong the War on Terror in order to try to focus on domestic issues. And I think that after a while, he lost control of that narrative.

GREENWALD: It’s always hard to talk about somebody’s motives, right? I think we have a hard time knowing our own motives, let alone other people’s, who are complicated. As you say, he had this great opportunity in 2008 because things like closing Guantanamo and reining in the War on Terror and stopping torture—these were all things that he ran on, and won on, right?

RISEN: Right.

GREENWALD: And you’ve been really outspoken about the fact that it’s not just the continuation of the Bush national security agenda but the even—especially, rather—an escalation of the attack on journalism. I’ve seen you have some pretty extreme quotes on that, that he’s the worst president on press freedom since at least Nixon, maybe worse. Do you think that’s a byproduct of the fact that every president gets progressively worse, or do you think there’s something unique and specific about his worldview and approach that has made him so bad on these press freedom issues?

RISEN: I think one of his legacies is going to be that on a broad scale he normalized the War on Terror. He took what Bush and Cheney kind of had started on an emergency, ad-hoc basis and turned it into a permanent state and allowed it to grow much more dramatically than it ever had under Bush or Cheney, and part of that—I think within that—was his attack on whistleblowers and journalists. I think it’s all part and parcel of the same thing. If you believe in the national security state in the way Obama does, then you have to also believe in squashing dissent.

GREENWALD: And I think that’s part of what makes war so degrading, right, for a political culture and a country is that it always gets accompanied by those kinds of things. Let me ask you a little bit about your own personal experience as part of that war on whistleblowing and journalism.

I know you’re a little constrained because your case is still pending. But one of the things I always find so interesting is that whenever your case is talked about, it always gets talked about in this very narrow sense: that you had a source for a story that you published in your book about some inept and ultimately counterproductive attempts to infiltrate the Iranian nuclear program and the case is about trying to force you to reveal your source, and like every good journalist should, you refuse to do so and therefore face a possibility of being held in contempt of court and being sent to prison.

But the background of your case, that I want to just step back and talk about a little bit, is that you’ve had this very adversarial relationship with the intelligence community, this increasingly adversarial relationship with the intelligence community, as a result of a lot of the reporting that you did, including exposing the warrantless NSA program in 2005, for which you won the Pulitzer Prize.

Can you talk about that, the tensions you’ve had with the government in the War on Terror reporting that you’ve done and how that has manifested and affected your life?

RISEN: Yeah, sure. In fact, I’ve said in affidavits in the case that I believe that the reason they came after me on this subpoena is because of the NSA stories that we did for The New York Times. I’m convinced, and I believe there’s a lot of evidence to show that they decided ultimately not to come after The New York Times on the NSA stories and instead wanted to isolate me by looking at something in my book. In fact, I know for a fact that they conducted leak investigations of at least three or four separate chapters in my book.

They interviewed a lot of people about totally unrelated things to the case that they ultimately came after me on and I think they were looking for something in my book to isolate me from The New York Times, and in their court papers they have repeatedly cited the fact that The New York Times decided not to run the story as one of the arguments for why it’s justified for them to come after me on it. And so I pride myself on the fact that I developed an adversarial relationship with the government because I think that’s what every reporter should do.

GREENWALD: I know from my own experience doing NSA reporting over the last 18 months—and I’ve heard you say before that you’re not going to let these kind of threats and recriminations affect your reporting. That was my mindset as well and I was actually even more determined a lot of times whenever I felt threatened to do the reporting even more aggressively, to make sure that those bullying tactics weren’t going to work. At the same time, when you hear top level government officials openly muse about the crimes that you’ve committed, when you hear privately through your attorney that the Justice Department might arrest you when you come back to the U.S., of course it does have an effect on you. It occupies a mental space. You spend a lot of time talking to your lawyers instead of focusing on journalism.

And one of the things I’ve always found so fascinating about your case is that you have a Pulitzer, you work for The New York Times, you’re one of the best known investigative journalists in the country—one of the most institutionally protected, even though they did separate you from the Times by focusing on your book. Still, though, the fact that they were able to target you this way, for this many years, I thought was a very powerful message that if we can even go after Jim Risen, we can go after anybody.

I know you want to maintain the idea, and I know that it’s true, that none of this consciously deterred you from doing the journalism. But how does being at the center of a case like this, where people are openly talking about you going to prison, including people in the Justice Department—how does this have an effect on your journalism, on your relationship to your sources, just on your ability to do your work?

RISEN: Well, you know, it’s interesting. It affected me a lot at first, for the first couple of years. It’s one of those weird things that I’m sure you know now—these things go on forever and they take a long time and most of the time nobody’s paying any attention except you and your lawyers. During the first several years, nobody paid much attention, and it did have an effect on me then. And it took a long time for me to realize I’ve got to just keep going. But the fact that now a lot of people are supporting me has really helped me, this year in particular.

In the last six months to a year, when I’ve gotten a lot more attention and people supporting me, I feel like now I have to represent the industry, represent the profession, and so it’s changed the way I even think about the case.

GREENWALD: You have become this kind of increasingly prolific user of Twitter, out of nowhere. You were never on Twitter. You were a very late joiner. I clearly see all the signs of addiction forming, and I say this as someone who recognizes it personally. You’ve evolved—you had a Twitter egg for a long time, and now you have a real picture.

RISEN: (Laughs) My son took that picture.

GREENWALD: (Laughs) Alright, well I knew it was going to be somebody else who caused you to leave the egg behind. But one of the things I find really interesting is Twitter is a venue in which you get to speak in a different way about different things than you do, say, in an article that you write for The New York Times, where you’re a little bit more constrained in how you’re talking. And you’ve expressed some ideas that I think are very rare for someone who is a reporter at a large, establishment institution like The New York Times to express, and I want to ask you a couple of questions about that.

You had this multi-part tweet maybe about a month ago. It almost sounded like something Noam Chomsky might say, or other people might say like that, about how the big plague of establishment thought in the U.S. is a fear of deviating from conventional wisdom, and it’s only after generation or two later when people who do that get vindicated, and so there’s this really strong incentive not to do that. Can you elaborate on the kinds of things you were talking about that and what you’ve experienced that has led you to see those things?

RISEN: That was actually part of a speech I gave at Colby College. I think the best thing I’ve written on this whole issue. I compared how Elijah Lovejoy, who was an abolitionist in the 1830s who was murdered because he was trying to run a newspaper in St. Louis that was pro-abolitionism, how he was so far ahead of his time that people thought he was crazy. He was so far outside the mainstream, and people thought abolitionism and the end of slavery was this idea that was insane.

And I was trying to compare that to what we have today, where anybody who says we shouldn’t have a War on Terror is considered delusional. And I was trying to show that conventional wisdom is a creature of our time. It’s not inherently true or not true. And that the mainstream press’s dependence on conventional wisdom ultimately cripples it in a lot of different ways.

GREENWALD: The impression that I have, and I’ve known you personally only for a few years, so it’s more just a speculative observation from having seen your work before that is that a combination of your going through this case with the government where your own liberty is very much at risk as a result of the government’s actions, combined with a lot of the reporting that lead to this book kind of has radicalized you in a way that I think is a pretty common thing that people in the War on Terror have gone through where people look at their country differently, much more so than they ever did before, look at institutions differently.

Am I right about that? Is the Jim Risen of today more willing to experiment with novel ideas that aren’t conventional than the Jim Risen of 20 years ago as a result of those experiences?

RISEN: Probably, probably. I have to think about that. I’m trying to think back. I think my real change came after 9/11 and the invasion of Iraq. I was covering the CIA as a beat then. And to me, it was fascinating talking to CIA people right after the invasion of Iraq and right before the invasion of Iraq, because it was kind of like privately talking to a bunch of Howard Deans. They were all radicalized against what Bush was doing.

To me it was wild to hear all of these people inside the intelligence community, especially in 2003, 2004, who were just going nuts. They couldn’t believe the radical change the United States was going through, and that nobody was opposed to it. And that led me to write my last book, State of War, because I was hearing things from within the intelligence community and the U.S. government that you weren’t hearing publicly from anybody. So that really led me to realize—and to step back and look at—the radical departure of U.S. policy that has happened since 9/11 and since the invasion of Iraq.

To me, it’s not like I’ve been radicalized, I feel like I stayed in the same place and the country changed. The country became more radicalized in a different direction.

GREENWALD: I wonder about that a lot. Obviously, I started writing about politics in 2005, and a huge part of it was that perception, that the country had radically changed, that things that we took for granted were no longer the case, and I’ve definitely had a rapid and significant evolution in my views of how I look at those things the more I focus on them and the more the country changed.

But if you go back and look at some media critics of the ’50s and ’60s, people like I.F. Stone who were kind of placed on the outside of conventional wisdom, and were viewed as fringe or crazy at the time—a lot of that can be traced to way before 9/11. Lies about the Vietnam War. The huge military industrial complex around the Cold War. Do you think 9/11 was this radical break from how things were done in the country, or was it more an injection of steroids into processes that were already underway?

RISEN: There have always been problems. But we’ve taken this to a new level. Both because the technology has allowed the government to do things it would never have done before, but also because of the willingness of the country to accept security measures and a reduction in civil liberties that I think would not have been contemplated before. I keep thinking that if you had a Rip Van Winkle from 1995 who woke up today, I don’t think they would really recognize the country. And that’s what I’m trying to write about, and what I view, because that’s the America that I remember.

GREENWALD: There’s this fascinating debate that took place in the ’90s, after the Timothy McVeigh attack on the Oklahoma City federal building, when the Clinton administration introduced these proposals to require backdoors into all encryption, for all computers and internet usage. And it didn’t happen, and the reason it didn’t happen is because all of these Republicans in Congress, led by John Ashcroft, stood up with a bunch of Democrats in alliance with them, saying “We’re not the kind of country that gives the government access to all of our communications. Privacy is actually a crucial value.” And just a few short years later, all of that reversed, and that debate became inconceivable.

RISEN: When Dick Cheney said, “the gloves come off,” I don’t think we realized how important that was, and what that really meant. As I’ve said before, that really meant, “We’re going to deregulate national security, and we’re going to take off all the rules that were imposed in the ’70s after Watergate.” And that was just a dramatic change in the way we conduct foreign policy and national security. And I think it’s been extended to this whole new homeland security apparatus. People think that terrorism is an existential threat, even though it’s not, and so they’re willing to go along with all this, and that’s what’s so scary to me.

GREENWALD: Let me ask you a few questions about some specific examples in your book, including one that relates to what you just said. You kind of have these different wars that you conceive of and one is called the “War on Normalcy.” One of the examples is, there’s this area on the U.S.-Canadian border that used to be kind of tranquil and now there’s a ton of War on Terror money that has gone to the state police there, and it’s kind of militarized that zone, and made it so the citizens are just interfered with in all kinds of ways.

One of the most overlooked trends, I think—you mentioned Cheney taking the gloves off—all of these things we were doing overseas aimed at ostensibly foreign terrorists have now begun to be imported onto U.S. soil, like the militarization of our police force using techniques from Baghdad, the use of drones, that “Collect it All” NSA model, which was first pioneered by Keith Alexander in Baghdad, is now aimed at U.S. citizens. Do you think that’s an important trend? Is that something that’s really happened, that what was the War on Terror aimed outward is now being aimed domestically?

RISEN: Absolutely, and that’s one of the most scary elements of it. To me, when the NSA started spying domestically that was like Caesar crossing the Rubicon. It was a really important shift. People thought that was absolutely forbidden. And when the NSA started doing it, and then when you started fooling around with creating a new Department of Homeland Security, merging all of these departments—creating Immigration and Customs Enforcement and all of this stuff—I think you’ve created a much more efficient federal domestic law enforcement apparatus, and efficiency is not always a good thing when it comes to that.

One of the things I always think about, and one of my earlier books was comparing the CIA and the KGB during the Cold War, and I always remember somebody telling me that the only countries that have really efficient security services are dictatorships.

GREENWALD: Right, and you can basically only have a really efficient security service if you’re willing to at least kind of go into that realm of authoritarianism—they kind of go hand in hand. Let me ask you: there’s this pretty new reporting you have on this company General Atomics, which is the maker of drones, and you kind of describe them as the new oligarchs. In 2001 they had $100 million in government contracts and now in 2012 they have $1.8 billion, an obscene increase. At the same time, coincidentally enough, you cite a good governance group documenting that they’ve spent more to fund congressional staff travel than any other company.

One of the things that always amazes me—I remember that there was this reporting that was done by Wired, during the debate over whether to give immunity to the telecoms that participated in the NSA program that you uncovered. An extraordinary thing to do, to retroactively immunize the biggest companies in the United States, and Sen. Jay Rockefeller became the leading spokesman for it at the time. He was the Democratic chairman of the Senate Intelligence Committee, and there were studies showing that right around the time when he became the leading proponent of telecom immunity, AT&T, Verizon, and Sprint began donating lots of money to his campaign, they threw parties for him, but still, in the context of Jay Rockefeller—a Rockefeller—with a super safe seat in West Virginia, they were pretty trivial amounts to be able to just dominate congressional policy that way. And that was what struck me too about General Atomics. So they fund some congressional staff travel.

What is it about the D.C. culture that lets these kind of seemingly trivial amounts in the scheme of things end up translating into this massive influence?

RISEN: You know, I don’t think that it’s the money that really does the trick. I think what really, you’ve got to look at is that all of the staffers, and all of the members of Congress are thinking about what are they going to do after they leave those jobs. The same is true for military officers. What are you going to do when you retire from the military, or from the House Intelligence Committee, or whatever? You’re going to need a job at a defense contractor. And so I think that the real incentive for a lot of these people is not to upset their potential employers in the future. The campaign contributions themselves are just tokens, as you said.

GREENWALD: To say that, on one hand it seems kind of self-evident, but on the one hand, it’s a pretty extraordinary observation because it’s a form of the most extreme corruption. Public officials are serving the interests of really rich corporations in exchange for lucrative private sector jobs that they get when they leave after serving their interests.

RISEN: What really hit home was when I was working on a chapter on KBR, and one of the guys who I describe was kind of a whistleblower, Charles Smith. He was an auditor for the army who tried to stop about a billion dollars of payments to KBR because they didn’t have any proof that they’d actually spent the money—or they didn’t have sufficient records to prove it—and he lost his job over his fight with KBR, he believes.

And after I started talking to him he said, “There’s this one general you could talk to who was one of my bosses for a while. He was a good guy and he would vouch for me.” So I called that general, and he had since retired, and he said, “Well, I think Charlie was a great guy, but I now work for a contractor that does business with KBR, and I don’t want to say anything publicly about Charlie because that might upset KBR.” And that’s the kind of thing that you see all the time.

GREENWALD: There’s a case that you talk about in the book that’s Burnett v. Al Baraka, where 9/11 families sued the Saudis. There are lots of influential people in D.C., like Sen. Bob Graham, the former head of the Senate Armed Services Committee, and others, who have said that the role that the Saudis have played in the War on Terror, and specifically the 9/11 attack, has been really actively suppressed, because of the U.S. alliance with Saudi Arabia. And there is this sort of bizarre aspect that we’ve gone to war against a huge number of countries, one of the few exceptions to which has been the country that had the most nationals involved in that attack, and whose government has been the most persuasively implicated.

How persuasive or credible do you find those questions about the Saudi involvement in the War on Terror generally, 9/11 specifically, and whether that’s been actively suppressed?

RISEN: Well, as you said, I don’t really get into the substance of that in that chapter because it’s really about this bizarre operation and how crazy that operation became. But I think you’re right. I think it’s one of the unanswered questions of 9/11 that, as you said, Graham became fixated on, and they still have not unredacted parts of that report.

I think the role of the Saudi government is probably different from the role of wealthy people in the Persian Gulf. And that’s the distinction that people have tried to grapple with for a long time. Are these just individually wealthy people in the Gulf, either in Saudi Arabia or in the Emirates, or is there some direction from any of these governments? And that’s the question that the U.S. government has never wanted to address publicly.

GREENWALD: You said in an interview within the last week—it might have been at the Firedog Lake Book Salon, I’m not exactly sure where it was—but you described the period of time in 2004 and 2005 when you were trying to get the NSA eavesdropping story published as one of the most stressful times of your life. I think you even said the quote “most stressful period of your professional life.” The New York Times, to its credit, did eventually publish that story, and did a great job on it, but can you talk a little bit about what you meant by that? Why that period was so stressful?

RISEN: Eric Lichtblau and I were trying to get that in the paper beginning in October 2004, and they killed it, or they stopped it. They agreed with the White House not to run it before the election and then we tried again after the election, and they killed it again, and by that time it was pretty well dead. So I went on a book leave and I put it in my book, and I knew that by doing that, I was putting my career at The New York Times in jeopardy.

It was very stressful about what was going to happen between me, The New York Times, and the Bush administration. I really credit my wife more than anybody else. I told her at one point that if I do this, if I keep it in the book, and the Times doesn’t run it, I’m probably going to get fired, and I remember she told me, “I won’t respect you if you don’t do that.” And so that was enough for me to keep going, but I didn’t sleep for about six months.

GREENWALD: It’s got to be incredibly difficult knowing that you have a story of that magnitude, and that the story has been nailed down and you can’t get it out into the world. Your book, which I literally finished reading about 24 hours ago, is really riveting, and it’s not just a book that is a polemical indictment of the War on Terror, like you’ve read before, it really is an incredible amount of individual reporting on one of the most under-reported aspects of this war, which is just how many people are gorging on huge amounts of profit and waste at the expense of the taxpayer, and what a big part of the war that is. Congratulations on writing such a great book, and I really appreciate your talking to me.

RISEN: Well thank you.


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Making Thanksgiving Real Print
Wednesday, 26 November 2014 13:30

Lerner writes: "The greatest injustice to recall on Thanksgiving is the genocide perpetrated by European settlers against the Native Americans, successfully wiping out most of them over the course of some 200 years of ruthless expropriation of their lands, their means of livelihood and food, and their self-respect."

Rabbi Michael Lerner (photo: UBC Department of Geography)
Rabbi Michael Lerner (photo: UBC Department of Geography)


Making Thanksgiving Real

By Rabbi Michael Lerner, Reader Supported News

26 November 14

 

"You may be 38 years old as I happen to be, and one day some great opportunity stands before you and calls upon you to stand up for some great principle, some great issue, some great cause--and you refuse to do it because you are afraid; you refuse to do it because you want to live longer; you're afraid that you will lose your job, or you're afraid that you will be criticized or that you will lose your popularity or you're afraid that somebody will stab you or shoot at you or bomb your house, and so you refuse to take the stand. Well you may go on and live until you are 90, but you're just as dead at 38 as you would be at 90! And the cessation of breathing in your life is but the belated announcement of an earlier death of the spirit. You died when you refused to stand up for right, you died when you refused to stand up for truth, you died when you refused to stand up for justice." ~ Martin Luther King, Jr., November 1967

his Thanksgiving most of us who read Huffington Post can rejoice in our ability to stand up against the craziness in our society and the global injustice that surround us. As we sit around our holiday table, we can celebrate the manifold opportunities to take Martin Luther King Jr.'s challenge seriously, and teach our parents, children, grandchildren and guests that it would be a terrible waste of life if all we focused on was our own personal blessings without simultaneously raising to consciousness all that needs 'tikkun' (the healing and transformation of our world).

Taking time to give thanks for all that we have--our lives, our health, the incredibly awesome universe in which we live, the love that we have in our lives--all this deserves genuine thanks. Yet celebrating our many blessings should not preclude us from addressing the pressing need for healing and transforming the world. So, if people tell you that it's a bummer or bringing them down from their joy if you talk about the injustices that surround us, tell them that our very ability to do so is another one of our blessings.

It's hard to know where to start, because once we wake up from whatever trance we use to drown out the cries of the oppressed and the suffering that pervades the planet, the pain can be overwhelming. Shall we talk about the horrible verdict in Ferguson, Missouri where America's system of racist injustice once again confirmed what most young African Americans already have learned hundreds of times in their lives: that their lives are not valued, that any policeman can create whatever stories they want to justify shooting young blacks. In spite of the fact that it happens so frequently, we can rejoice that so many African Americans are standing up in protest and anger. They did so the past two nights in a collective cry of anguish and outrage. Would that our week-kneed president Obama had been able to give voice to that pain instead of focusing attention on why he is opposed to violence (so are we, but the violent are a tiny group, while the outrage and fear extends to tens of millions of minorities and the poor who are frequently facing police violence or wildly unfair treatment in the "criminal justice" system. But so much of what Obama faces in the way of irrational criticism is itself a barely covered manifestation of the racism with which he has been greeted through much of his presidency that it's sometimes hard to tell the difference between the legitimate upset with the way he has capitulated to the status quo and the interests of the 1% and the upset directed at him no matter what he does simply because he is African American. I only wish that Democratic Party politicians would call out this racism explicitly, but they too tend to capitulate rather than articulate when it comes to the racism that has shaped this country for the past hundreds of years. Yet on Thanksgiving, we should be able to raise this with our families and friends even if doing so makes some people uncomfortable, even as we simultaneously affirm the very good things in our life.

This was a year when 400,000 Americans marched in NYC to protest the inaction of elected leaders to seriously deal with climate change and the environmental crisis that is deepening every day. Now a Republican Congress will seek to defund the Environmental Protection Agency so that it cannot move against carbon whose excessive release by corporate America and other industrial states has been a primary factor in the accelerating rise in temperature on planet earth. Most of the American public declined to vote, many out of disgust that the Democrats were unable to articulate any coherent alternative to the Right. But in the coming two years many of us will be able to exercise our American right to protest, and to use our electoral system to do that. Nothing could be more effective than to get your local city council and state legislature to endorse the ESRA--Environmental and Social Responsibility Amendment to the U.S. Constitution. Read it at www.tikkun.org/esra. We have much to do to protest climate injustice. If we don't, many of us may find our lives totally transformed by the coming environmental disaster. Even now, though, the worst impact of climate destructiveness is felt by the weakest, poorest, and least able to defend themselves parts of our world's population. Environmental justice must demand that we share equally in the damage our advanced industrial society has brought to the whole world. If even China can "get it," and agree to dramatic reductions in climate pollution in the coming years, why shouldn't we be taking our outrage at the climate deniers directly to their constituencies. And give thanks that we are free to do that -- if we choose to use the actual power that ordinary citizens have.

The greatest injustice to recall on Thanksgiving is the genocide perpetrated by European settlers against the Native Americans, successfully wiping out most of them over the course of some 200 years of ruthless expropriation of their lands, their means of livelihood and food, and their self-respect. At the Thanksgiving dinner it is particularly appropriate to invoke the memory of those natives, and recommit ourselves to doing all we can to ensure that no other people gets similarly treated.

Sadly, the Palestinian people may be facing a similar expropriation as Israeli settler daily expand their settlements on Arab lands. Those of us who have championed a two state solution for Israel/Palestine now find ourselves increasingly doubting if there will ever be a stop to Israeli expansionism before so much land has been taken away from Palestinians that the notion of two states living in peace will seem so implausible and the land available not adequate to create an economically and political viable state for Palestinians. The injustice of Occupation cannot wipe out from our memory the tragic murders of 3 Israeli teens last summer and 5 Israelis in a synagogue just days ago, nor can those tragic events wipe from our memory the burning alive by Israeli settlers of a Palestinian teenager or the killing of over 2,100 Palestinians by the Israeli army this past summer. And yet, voices of sanity are still around, protesting even today the decision by the inner cabinet of the Israeli government to pass legislation that will establish Israel as "a Jewish state" rather than a state of all its citizens equally. These are protests that are getting more and more dangerous for peaceniks, particularly after gangs roamed the streets of Israeli cities this past summer beating up random young men suspected of being Palestinian (perhaps thereby expressing their own outrage at having to duck into air raid shelters several times a day to escape the possibility that one of Hamas' attempts to bomb Israeli civilians would work). The voices of protest have dimmed but they still exist, not least in the pages of Tikkun magazine www.tikkun.org.

When our Network of Spiritual Progressives was seeking to educate Congress on the importance of putting pressure on Israel to end the Occupation of the West Bank, many of them told us that it was only the "support-Israel-regardless-of-whether-you-agree-with-its treatment-of-Palestinians" crowd that pushed them hard. I asked "what is pushing hard mean" and over and over again I was told "if we get twenty to thirty phone calls on an issue that isn't about self-interest that feels huge, because most people don't call and don't write letters to us--only standardized emails or faxes and hidden in ways that we can't tell if these are really our constituents or not. Any cause that gets thirty people calling--we think they really represent something real!!!" So don't underestimate what you could do in that arena. And there are other things outside Congress that may be even more important, like getting your city council and state legislature to endorse a constitutional convention to put the Global Marshall Plan and the Environmental and Social Responsibility Amendment into the revised constitution. And it would be great if readers of this statement were to call the White House and your Congressperson and 2 Senators to demand a federal intervention to make it a federal crime for a police officer to shoot an unarmed civilian. Just saying ... be creative!

Ok, this is the place for your creativity in your own Thanksgiving celebration. Ask friends and others to contribute to the calling out of all the aspects of our society and our world where justice is whimpering but about which we can tell the stories of those who managed to stand up against injustice, even at great personal risk. Tell stories from your own lives or from the lives of others whom you've known about all these years--stories of how you stood up for justice and lived to tell the tale!! You'll find it a useful spiritual practice this Thanksgiving, not as replacement for more personal things you are grateful for, but as a supplement to that way of thanking the universe for all the good in our lives.

And when you are finished doing so, write up your stories and send them to me: This e-mail address is being protected from spambots. You need JavaScript enabled to view it for possible use on the Tikkun website at www.tikkun.org..

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The Misuse of a Grand Jury Print
Wednesday, 26 November 2014 13:18

Toobin writes: "In sending Wilson's case to the grand jury, McCulloch technically turned over to them the decision about whether to prosecute. By submitting all the evidence to the grand jury, he added to the perception that this process represented an independent evaluation of the evidence."

(photo: David Goldman/AP)
(photo: David Goldman/AP)


ALSO SEE: The Meaning of the Ferguson Riots

The Misuse of a Grand Jury

By Jeffrey Toobin, The New Yorker

26 November 14

 

riminal procedure—the everyday rules of the road—gets a bad rap. It’s said to be rigid, routine, incapable of accommodating the nuances of human behavior. But, as the atypical grand-jury proceedings in the aftermath of Michael Brown’s death illustrate, there is a great deal to be said for prosecutors following the customary rules of their profession.

To recap the relevant facts: Officer Darren Wilson shot and killed Michael Brown, an unarmed eighteen-year-old man, on August 9, 2014, in Ferguson, Missouri. Robert McCulloch, the local prosecutor, had the authority to charge Wilson with a crime; that’s how the vast majority of prosecutions in the area begin. Instead, McCulloch said that he was going to open a grand-jury investigation and, in an even rarer development, present every scrap of evidence produced in the investigation to the jurors for their consideration.

In Missouri, as elsewhere, grand juries are known as tools of prosecutors. In the famous words of Sol Wachtler, the former chief judge of the New York Court of Appeals, a prosecutor could persuade a grand jury to “indict a ham sandwich” if he wanted to. This is certainly true, but it is true, too, that grand juries retain at least a nominal independence. They usually do what prosecutors want, but they are not legally required to.

In sending Wilson’s case to the grand jury, McCulloch technically turned over to them the decision about whether to prosecute. By submitting all the evidence to the grand jury, he added to the perception that this process represented an independent evaluation of the evidence. But there is little doubt that he remained largely in control of the process; aggressive advocacy by prosecutors could have persuaded the grand jurors to vote for some kind of indictment. The standard for such charges—probable cause, or more probable than not—is generally a very easy hurdle. If McCulloch’s lawyers had simply pared down the evidence to that which incriminated Wilson, they would have easily obtained an indictment.

The grand jury chose not to indict Wilson for any crimes in connection with Brown’s death. In a news conference following the decision, McCulloch laid out the evidence that he believed supported the grand jury’s finding. In making the case for Wilson’s innocence, McCulloch cherry-picked the most exculpatory information from what was assembled before the grand jury. The conclusion may even have been correct; based on a preliminary review of the evidence before the grand jury, it’s not clear to me that a trial jury would have found Wilson guilty beyond a reasonable doubt.

But the goal of criminal law is to be fair—to treat similarly situated people similarly—as well as to reach just results. McCulloch gave Wilson’s case special treatment. He turned it over to the grand jury, a rarity itself, and then used the investigation as a document dump, an approach that is virtually without precedent in the law of Missouri or anywhere else. Buried underneath every scrap of evidence McCulloch could find, the grand jury threw up its hands and said that a crime could not be proved. This is the opposite of the customary ham-sandwich approach, in which the jurors are explicitly steered to the prosecutor’s preferred conclusion. Some might suggest that all cases should be treated the way McCulloch handled Wilson before the grand jury, with a full-fledged mini-trial of all the incriminating and exculpatory evidence presented at this preliminary stage. Of course, the cost of such an approach, in both time and money, would be prohibitive, and there is no guarantee that the ultimate resolutions of most cases would be any more just. In any event, reserving this kind of special treatment for white police officers charged with killing black suspects cannot be an appropriate resolution.

Would Wilson have faced charges if he had been treated like every other suspect in McCulloch’s jurisdiction? We’ll never know—and that’s the real shame of this prosecutor’s approach.

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