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Wrongfully Convicted Ex-Inmate Details Real Death Penalty Scandal Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=16787"><span class="small">Josh Eidelson, Salon </span></a>   
Thursday, 08 May 2014 15:11

Eidelson writes: "After 14 years on death row and seven scheduled execution dates, John Thompson was exonerated and set free a decade ago after private investigators uncovered evidence that prosecutors had illegally withheld exculpatory evidence."

(photo: file)
(photo: file)


Wrongfully Convicted Ex-Inmate Details Real Death Penalty Scandal

By Josh Eidelson, Salon

08 May 14

 

fter 14 years on death row and seven scheduled execution dates, John Thompson was exonerated and set free a decade ago after private investigators uncovered evidence that prosecutors had illegally withheld exculpatory evidence. Thompson then sued ex-Orleans Parish District Attorney Harry Connick Sr., and won a $14 million civil rights judgment, only to have it overturned in a 5-4 Supreme Court decision in 2011. While Justice Ginsburg wrote in her dissent that Thompson had “demonstrated that no fewer than five prosecutors … disregarded his Brady rights,” and “did so despite multiple opportunities, spanning nearly two decades, to set the record straight,” Justice Thomas wrote in his majority opinion (slammed by Slate’s Dahlia Lithwick as “pitiless and scornful”) that the question at hand was “whether a municipality is liable for a single Brady violation by one of its prosecutors.”

The message to prosecutors, Thompson told Salon, was, “You can go to the extremes to kill an innocent man, without consequences.” Thompson questioned the focus on Oklahoma’s “botched” execution rather than on the “torture” inherent in executing people; argued that prosecutorial misconduct is a form of premeditated murder; and dismissed Obama’s suggestion the death penalty is defensible for “mass killings” or “killings of children.”

“Stop dropping bombs on other fucking nations, if that’s how you feel,” countered Thompson, now the director of the nonprofit Resurrection After Exoneration. A condensed and edited version of our conversation follows.

The attempted execution of Clayton Lockett – what went through your mind when you read the accounts of that?

That’s old news … We had botched executions in Louisiana. We’ve been here …

It amazes me how certain times, certain things — they trigger all our reaction. Being honest with you, that’s irrelevant. What’s relevant is we need to stop the death penalty. But for us [to be] talking about which method of killing is “cruel and unusual punishment” — it was cruel and unusual punishment sitting on death row, watching.

That’s cruel and unusual punishment: You’ve got me watching you killing other people. That’s cruel before we even get to you putting me in the damn chair, sticking a needle in my arm … or putting me in the gas chamber.

It’s torture sitting there watching a man get killed, and knowing you might get killed for something you didn’t do, too. That’s torture.

Rick Perry, the governor of Texas, on “Meet the Press” said, “I’m confident that the way that executions are taken care of in the state of Texas are appropriate and humane.” Is that possible?

You’ve got to ask yourself, is [the reason] why he says that because he knows if he gets it wrong, there’s nothing attached to it? There’s no strings attached: “I could kill an innocent, and if they find out about it, so what? … It becomes beneficial to me to seek the death penalty for career reasons, for political career reasons, and then I pursue and catch and kill an innocent man.”

For him to make that kind of statement — with that many death row exonerees, still without consequences for sending innocent people to jail, not even a way of rectifying or seeing what had happened …

[As part of the Prosecutorial Oversight coalition,] some of the things that we read – not only the DAs, the lawyers too – some of the things we read are totally outrageous …

To seek the death penalty, that’s premeditated … To get the jury to kill you, what I’ve got to do is create a monster to these juries. And so if I’m trying to kill an innocent man, and I’m creating to this jury a vision of this man that is not true, and I get the death penalty, and we kill that man — only to find out that that man was innocent, and then to find that [the prosecution] had exculpatory information it should have turned over — why is that not murder? Or why is that not attempted murder? Why is that not premeditated murder? Why is that not falling under the criminal statute?

… It’s crazy to me: We have rules that you cannot pay anyone anything of value for their testimony, but we cut deals. We get one person to testify against another person, to kill them … that’s crazy. Off a phone call, you could kill me … Just because somebody called in and said I did it. And you will throw away the physical evidence. But then you’re going to say, “Hmm, well that’s all right. You don’t need to be held accountable.” The Supreme Court even said, “So what.” It’s acceptable for them to kill us. It’s acceptable for them to lock us up and throw away the key. Until we put accountability right there …that’s slavery …

We’ve got more fucking prisons than we ever had slaves …

We’ve got evidence that this can happen, and it can to continue to happen. So for them to say they don’t have nothing in place that’s going to stop this behavior – but you’re going to say that the death penalty will stop people from killing. Fuck, you ain’t trying to stop them from [killing]. You’re giving them license to do it, if you’re going to allow them to try to kill an innocent man, and not have a [accountability] system set up …

It’s got to be attempted murder, right? … How does the law apply – is there exception to the rules when it comes to DAs?

… We’re trusting you to uphold the law. But now, when you become that person that seeks to kill an innocent man, you’re trying to murder somebody … If that man dies … what’s the difference [between] that mother losing her child, and that other person who lost their child?

President Obama said, “There are certain circumstances in which a crime is so terrible that the application of the death penalty may be appropriate – mass killings, the killings of children.” What do you make of that argument?

Stop dropping bombs on other fucking nations, if that’s how you feel. Simple. That ain’t no hard question. You can’t make a statement like that when you’re doing shit like that …

We kill all those innocent people … Our system is just getting scarier and scarier and scarier for me.

The study that came out last month suggesting that at least 4 percent of inmates sentenced to death are likely innocent – should that study have come as a surprise?

No … I can’t believe it’s that low, to be honest with you …

But think about that – goddamn, that’s an incredible number. Now we’re still saying, with that number, we still want to kill?

Your conviction and your exoneration – what do those reveal about the death penalty in the United States?

You can go to the extremes to kill an innocent man, without consequences. He convicted me of two different crimes that he knew I didn’t commit. He physically threw the evidence away … You could do all of that, and you could totally get away with all of that – wow.

And the Supreme Court saying … “Continue the good work, because we’re not going to punish you.” Ten years after the time, no offices nowhere around the country have anything set up to make sure that this doesn’t happen to someone else.

[Imagine] you’re out of college, you just come and get your first job, and you might see [your boss, the district attorney] doing all this crazy stuff … [The DA] might tell you, “Just pay attention, this is how we do it here” … [In absence of a complaint bureau], what is there for you to do because you don’t want to be a part of this? … Who are you going to go tell? … What do you think is going to happen to you?

Nine out of 10, what’s going to happen? You’re going to adapt to it.

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FOCUS | Keith Alexander Unplugged Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=29455"><span class="small">Glenn Greenwald, The Intercept</span></a>   
Thursday, 08 May 2014 13:20

Greenwald writes: "The almost-complete continuity between George W. Bush and Barack Obama on such matters has been explained by far too many senior officials in both parties."

Gen. Keith B. Alexander, former director of the National Security Agency  testifies on Capitol Hill in Washington on June 12, 2013. (photo: J. Scott Applewhite/AP)
Gen. Keith B. Alexander, former director of the National Security Agency testifies on Capitol Hill in Washington on June 12, 2013. (photo: J. Scott Applewhite/AP)


Keith Alexander Unplugged

By Glenn Greenwald, The Intercept

08 May 14

 

he just-retired long-time NSA chief, Gen. Keith Alexander, recently traveled to Australia to give a remarkably long and wide-ranging interview with an extremely sycophantic “interviewer” with The Australian Financial Review. The resulting 17,000-word transcript and accompanying article form a model of uncritical stenography journalism, but Alexander clearly chose to do this because he is angry, resentful, and feeling unfairly treated, and the result is a pile of quotes that are worth examining, only a few of which are noted below:

AFR: What were the key differences for you as director of NSA serving under presidents Bush and Obama? Did you have a preferred commander in chief?

Gen. Alexander: Obviously they come from different parties, they view things differently, but when it comes to the security of the nation and making those decisions about how to protect our nation, what we need to do to defend it, they are, ironically, very close to the same point. You would get almost the same decision from both of them on key questions about how to defend our nation from terrorists and other threats.

The almost-complete continuity between George W. Bush and Barack Obama on such matters has been explained by far too many senior officials in both parties, and has been amply documented in far too many venues, to make it newsworthy when it happens again. Still, the fact that one of the nation’s most powerful generals in history, who has no incentive to say it unless it were true, just comes right out and states that Bush and The Candidate of Change are “very close to the same point” and “you would get almost the same decision from both of them on key questions” is a fine commentary on a number of things, including how adept the 2008 Obama team was at the art of branding.

The fact that Obama, in 2008, specifically vowed to his followers angered over his campaign-season NSA reversal that he possessed “the firm intention — once I’m sworn in as president — to have my Attorney General conduct a comprehensive review of all our surveillance programs, and to make further recommendations on any steps needed to preserve civil liberties and to prevent executive branch abuse in the future” only makes that point a bit more vivid.

AFR: Can you now quantify the number of documents [Snowden] stole?

Gen. Alexander: Well, I don’t think anybody really knows what he actually took with him, because the way he did it, we don’t have an accurate way of counting. What we do have an accurate way of counting is what he touched, what he may have downloaded, and that was more than a million documents.

It’s hard to recall a better and clearer example of how mindless and uncritical the American media is when it comes to the unproven pronouncements of the U.S. Government. Back in December, 60 Minutes broadcast a now-notorious segment of pure access journalism in which they gullibly disseminated one false NSA claim after the next in exchange for being given exclusive(!) access to a few Secret and Exciting Rooms inside the agency’s headquarters. The program claimed that Snowden “is believed to still have access to 1.5 million classified documents he has not leaked”. On its Twitter account, 60 Minutes made this claim to promote its show:

Mike McConnell, the vice chairman of Booz Allen and former Director of National Intelligence in the Bush administration, then claimed that ”Snowden absconded with 1.7 million to 1.8 million documents.”

Ever since then, that Snowden “stole” 1.7 or 1.8 million documents from the NSA has been repeated over and over again by US media outlets as verified fact. The Washington Post‘s Walter Pincus, citing an anonymous official source, purported to tell readers that “among the roughly 1.7 million documents he walked away with — the vast majority of which have not been made public — are highly sensitive, specific intelligence reports”. Reuters frequently includes in its reports the unchallenged assertion that “Snowden was believed to have taken 1.7 million computerized documents.” Just this week, the global news agency told its readers that “Snowden was believed to have taken 1.7 million computerized documents.”

In fact, that number is and always has been a pure fabrication, as even Keith Alexander admits. The claimed number has changed more times than one can count: always magically morphing into randomly chosen higher and scarier numbers. The reality, in the words of the General, is that the US Government ”really [doesn't] know[] what he actually took with him” and they ”don’t have an accurate way of counting”. All they know is how many documents he accessed in his entire career at NSA, which is a radically different question from how many documents he took. But that hasn’t stopped American media outlets from repeatedly affirming the inflammatory evidence-free claim that Snowden took 1.7 million documents. As usual, even the most blatantly unreliable claims from National Security State officials are treated as infallible papal pronouncements by our Adversarial Watchdog Press.

There’s an equally vital point made by Alexander’s admission. The primary defense of the NSA and its defenders is that one need not worry about the staggering sums of data they collect because they have implemented very rigorous oversight mechanisms and controls that prevent abuse. Yet Edward Snowden spent months downloading a large amount of highly sensitive documents right under their noses. And not only did they have no idea that he was doing it, but now – even after spending large sums of money to find out – they are still completely incapable of learning which documents he took or even how many he took. Does that at all sound like a well-managed, tightly controlled system that you can trust to safeguard your most personal data and to detect and prevent abuse of this system by the tens of thousands of people who have access to it?

AFR: What is your personal opinion on the decision to award a Pulitzer Prize to the Guardian and Washington Post newspapers for their “revelation of widespread secret surveillance by the National Security Agency, helping through aggressive reporting to spark a debate about the relationship between the government and the public over issues of security and privacy”?

Gen. Alexander: I’m greatly disappointed that we have rewarded those who have put so many lives at risk. I think that’s the best way to say that. . . . At the end of the day, I believe peoples’ lives will be lost because of the Snowden leaks because we will not be able to protect them with capabilities that were once effective but are now being rendered ineffective because of these revelations.

There are few things in life more ironic than being accused by U.S. Generals, including those who participated in the war in Iraq, of being responsible for the loss of lives. For that sort of irony, nothing will beat that episode where the US Pentagon chief and Chairman of the Joint Chiefs of Staff announced that WikiLeaks – not themselves, but WikiLeaks – has “blood on its hands” by virtue of publishing documents about the U.S. war in Afghanistan. In the world of the U.S. National Security State and its loyal media, those who go around the world killing innocent people over and over are noble and heroic, while those who report on what they do are the ones with “blood on their hands”.

But what makes this claim so remarkable is how often it is made and how false it always turns out to be. The accusation about WikiLeaks was ultimately demonstrated to be false. The same was true of the identical claim made about NSA whistleblower Thomas Drake, and the leaker who exposed the Bush-era warrantless eavesdropping program, and Pentagon Papers leaker Daniel Ellsberg, and virtually every other person who has brought unwanted transparency to what the U.S. Government is doing in the dark. But accusing whistleblowers and journalists of causing the deaths of innocent people is a tactic people like Gen. Alexander continue to embrace because it’s virtually never pointed out by our stalwart media how many times that claim has been proven to be an utter fabrication.

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FOCUS | The Silencing of Cecily McMillan Print
Thursday, 08 May 2014 11:43

Funkhouser writes: "This is not about McMillan's elbow. This is about changing the conversation."

(photo: Stacy Lanyon/Gawker)
(photo: Stacy Lanyon/Gawker)


The Silencing of Cecily McMillan

By Kathryn Funkhouser, The Toast

08 May 14

 

This article was written prior to the trial of Cecily McMillan.

 

almost pushed a friend of mine into traffic once. We were walking in midtown Manhattan and I had been hiccuping ungracefully for the past twenty minutes. My friend tried to scare my hiccups away with an unsuccessful series of tiny exorcisms, faking the tragic cancellation of TV shows and threatening to date jerks we knew. The hiccups persisted and I was getting frustrated, so I resigned to coexisting with them, possibly forever, and steered the conversation back towards other things. We walked and talked until a group of tourists congested the sidewalk ahead of us, so we parted to pass through them. Suddenly, a hand grabbed my shoulder in the crowd. In a flash of panic, I shoved my assailant and leaped away the exact moment I realized that it was, of course, my friend. A new, colder fear hit me the second before I saw where she had staggered and run into a woman by the curb, who cursed at her. She started laughing before I had even caught my breath. “Well, are they gone?”All I could hear was the blood pounding in my chest and my ears. All I could see was her tripping off the curb, where the woman had stood, into the path of the cab that had just hissed by. I still had the hiccups. I was deeply angry at myself, suddenly, for the moment I thought somehow I was in danger. Why didn’t you think? Of course it was her. Who else would it be?

In another crowd two years ago, someone behind Cecily McMillan suddenly grabbed her right breast, hard. She recoiled in panic and threw an elbow, striking him above the eye. The man was a police officer. McMillan is charged with intentionally assaulting an officer with the intent to interfere with the ability to perform his duties, and faces a felony charge, which carries with it up to seven years in prison. Her trial began on April 7th.

On March 17th, 2012, Occupy Wall Street was celebrating its six-month anniversary and Cecily McMillan was 23 years old. McMillan is an activist who was participating energetically in Occupy, but on St. Patrick’s Day she was not there to protest. She had dressed in bright green and planned to meet up with friends at the corner of the park so they could head to a nearby bar together. They had just gathered when the police announced via bullhorn that they were clearing the park. In compliance with the order and eager to go out, McMillan and her friends headed for the exit. According to McMillan, this is when a hand abruptly grabbed her breast and she was lifted off her feet from behind. She startled and flailed out. Her elbow connected with Grantley Bovell’s head before she realized he was a police officer. Several nearby officers rushed over and arrested her. These events will be discussed at the trial.

What will not be discussed at the trial is the event that was recorded in these videos (the sound in the second video cuts out around the 3:30 mark):

 

http://www.youtube.com/watch?v=A4sWhOCcUXA

 

 

http://www.youtube.com/watch?v=An8OCm-Gl2U

 

Protestors stand behind a barricade, near a city bus where the police are taking the people they have arrested. McMillan is being escorted there in handcuffs when she collapses to the pavement and begins to seize uncontrollably. The police officers stand over her in a tight circle wordlessly watching as she, in her bright green shirt, lies on the ground, unable to breathe as her body jerks violently. The visual is chilling. Do they think she’s faking? The protestors curse and shout for the officers to help her, protect her head, give her space, but none of them acknowledge the cries. Several officers finally pick her up, take her out of the street, and put her down on the sidewalk, removing the handcuffs. It’s more difficult to see her, but she seems to be going in and out of consciousness and she’s clearly in distress. The protestors begin to roar for a medic. The officers respond by fanning out along the barricades, looking around warily at the protestors, their faces unreadable. McMillan tries to sit up, can’t seem to breathe, then collapses, again and again. All of the officers seem to be moving maddeningly slowly, milling around with hands on hips. It takes a very, very long time for the ambulance to come.

When she wakes up in the hospital, she’s covered in bruises and doesn’t know where she is. She thinks her rib is broken, it hurts so much. In the next forty-odd hours, she is shuttled between the hospital and jail, and although she asks over and over, she is not allowed a phone call to a lawyer, friends, or family.

This is not about McMillan’s elbow. This is about changing the conversation.

Marty Stolar, Cecily’s lawyer, motioned to submit the personnel file of Grantley Bovell, the arresting officer, for examination by the court. Bovell was disciplined for his participation in the Bronx ticket-fixing scandal of 2011, and has a record of accusations against him involving the use of excessive force, including such activities as “running a motorcyclist off the road [in an unmarked police car] to make an arrest, kicking a suspect in the face while he was on the ground, and slamming an arrestee’s face into the stairs on an MTA bus.” Another Occupy protestor is suing him for an assault that he claims occurred on the same day. Judge Zweibel ruled that these incidents are not relevant to the establishment of Bovell’s credibility or lack thereof in Cecily’s case, and the file is now sealed (although Stolar can ask Bovell questions about prior incidents when he takes the stand.) Bovell claims that he did not grab Cecily’s breast and that she elbowed him without cause.

This picture was taken by a doctor who Cecily consulted several days after the incident.

You can see the marks made by individual fingers. They were not left by no one.

On March 17th, 2012, the six-month anniversary of Occupy and the day of Cecily’s arrest, Occupy Arrests.Com reports that 73 people total were arrested. Publications like the New York Times City Blog report brutal beatings and arrests of protestors over small or nonexistent infractions, like dancing (disorderly conduct) or sitting on the ground to pet a nearby dog (“camping.”)

A group of legal experts from NYU, Fordham, Harvard, and Stanford have published a report entitled Suppressing Protest: Human Rights Violations in the U.S. Response to Occupy Wall Street. According to Business Insider (emphasis theirs) “The first appendix of the 132-page report lists 130 incidents of excessive or unnecessary physical force by police in New York City.” So the violence has been well documented.

However, there was also another pattern that emerged in the police’s actions that day: sexual assault. From March 17th on, there were numerous reports of police intentionally grabbing the breasts of female protestors. An account by David Graeber tells the story of a female friend whose breast was grabbed by a police officer. When she screamed at the officer, calling him on the action, she was dragged behind the lines, partly by her hair. When she was thrown to the ground, she told the officers that she was going to retrieve her glasses, which had fallen off beside her, to clarify that the move was not one of resistance, but when she reached out for them, an officer savagely broke her wrist. When she was arrested, she was restrained with the tightest possible handcuffs although she and other protestors concerned about her begged for them to be loosened.

Sound familiar? The correlation to Cecily’s case is not a coincidence, according to Graebel, but part of a new and frightening system:

Arbitrary violence is nothing new. The apparently systematic use of sexual assault against women protestors is new. I’m not aware of any reports of police intentionally grabbing women’s breasts before March 17, but on March 17 there were numerous reported cases, and in later nightly evictions from Union Square, the practice became so systematic that at least one woman told me her breasts were grabbed by five different police officers on a single night (in one case, while another one was blowing kisses.)

There is a pattern of intentional violence here. The prosecution’s story doesn’t fit with the pattern.

McMillan was cautious about getting involved with Occupy at first. She grew up politically active – her grandfather, Harlon Joye, drafted the constitution for the 60’s revolutionary group Students For a Democratic Society. A year before Occupy began, she had protested on behalf of unions in Wisconsin, and during Occupy, she was both a grad student at the New School and the Northeast regional organizer for the youth section of the Democratic Socialists of America. But by the standards of Occupy activists, she was barely considered a leftist.

“I’d always been the most radical person wherever I was, whether it be a democrat in Texas or a democratic socialist in college, and all of the sudden, I became sort of moderate in this group of people,” she told the blog At The Heart Of The Occupation. “I was confounded. I remember someone calling me a liberal, and I said, ‘Thanks!’ I had no idea that was an insult. It was mesmerizing.”

In an interview with Rolling Stone’s Jeff Sharlet, Cecily clarifies her ideology. She states a belief in a “constrained view of revolution,” which involves “putting pressure on mainstream politicians,” and working within the existing system rather than toppling and rebuilding society. She was involved in the controversial Demands working group, which worked to clarify what the different actions were trying to achieve in order to communicate with the public – most Occupy activists reviled them and thought they were poison to the movement, but McMillan wasn’t afraid to disagree.

Sharlet clearly has a negative opinion of her, describing her as a “former cheerleader” and sarcastically commenting that “she has suffered” when she lists the accusations that have been made against her by other activists. Whatever your opinion about McMillan or her views, you can see, despite Sharlet’s eye-rolling, that McMillan had an individual point of view that she wanted to contribute to the movement, but she didn’t represent the movement as a whole, nor did she claim to. And as an individual, she was passionate about non-violent protest, which was not everyone’s cup of tea.

“I had fought really hard for there to be a statement of non-violence before we proceeded with any tactical development about occupying the park. I was really put off by this term ‘diversity of tactics.’ I guess I grew up around people who were politically active, and it kind of set off some warning bells for me,” she said to At The Heart of the Occupation. The question of whether to “respect a diversity of tactics” or adhere to a policy of strict non-violence was one of the biggest arguments among the Occupiers, and at times it threatened to splinter the movement. The Nation discusses the issue in detail, but basically the “diversity of tactics” supporters were concerned about the danger of limiting personal autonomy to the point that they didn’t want to condemn people who did things like break windows or fight back against police officers who were hurting them (no actions intending to harm people intentionally were ever discussed.)

Meanwhile, the supporters of non-violence felt that it was worth instituting a policy of non-violence in the group even if it meant telling other people what to do, on the grounds of increasing safety and “heighten[ing] the contrast between the decorum of the protesters and the violence of the state, to force a dilemma upon those in power by winning public support and causing defections.”

It was clear on what side Cecily fell. As with her advocacy of the Demands Working Group, she did not hesitate to voice her opinion even if it didn’t make her friends in the movement. According to activist Yoni Miller, in the Visions and Goals Working Group, a General Assembly they were involved in together, Cecily was nicknamed “queen of non-violence”.

When McMillan worked as a union organizer, among the unions she represented were policemen’s unions. A friend of hers told me that she often likes to say “It’s not ‘fuck the police’, it’s ‘fuck the police state’.”

In a statement she released four days after her arrest, Cecily wrote:

Most importantly, I want to reiterate my long-standing personal commitment to non-violence, and non-violent forms of civil disobedience . . . It doesn’t need to be this way. In Madison, Wisconsin, a year ago, when we were protesting the governor’s attacks on unions, many of the police worked with us to help keep these protests peaceful. Going forward, I hope we can similarly work with local law enforcement officials in New York City, and that they receive training in de-escalation and the use of less violent tactics. And we as a movement also need to adhere to non-violent forms of protest.

The Saturday night before jury selection begins, there is a fundraising dance party in support of McMillan. It’s in a scruffy two-story Brooklyn apartment where McMillan and a small circle of activist friends live communally and regularly welcome a rotating cast of visiting allies. This group is clearly seasoned at throwing parties and tasks are briskly delegated until the floor is swept, furniture rearranged, and beverages chilled. The Trader Joe’s wine in cardboard boxes and the cans of beer nestled in ice will be sold to guests for $2 that will go to Cecily’s defense. The walls are adorned with colorful posters full of information about everything from the whereabouts of the recycling bin to the phone number to text for updates on the trial. A look around the house is all it takes to confirm that if there’s one ideology that all radicals can agree on, it’s appreciation for a good poster.

Although a lot of the residents seem to be unnervingly accomplished NYU undergrads or career contributors to counterculture, they are friendly to the notebook-toting square in their midst. When I tell them I’m working on this piece, they are polite and helpful, but when I also mention that I met Cecily through my brother, a friend of hers who has worked with her on activist projects and often visited this house, they brighten and relax, and soon we’re joking around. While most of the media coverage of Occupy highlighted intensely serious youth proclaiming things or out-of-control partying, this particular group comes across as earnest, but supplied with a sense of humor. They tease each other about their collection of communal socks and there’s a poster on the wall for a Socialist Drinking Game where if you draw a 10, it’s Mass Suppression (the first person who talks, drinks) and a 5 is Total Equality (everyone drinks!). But there’s also a wall covered in paper badges, where guests are invited to write about their experiences with police brutality. There’s no hard liquor or marijuana allowed in the house, because of Cecily’s situation. When the activists talk to me about the police, they talk about pressure, they talk about broken systems, they talk about the logistics of why people become cops. Even standing next to a wall of written accounts of police violence, these activists don’t really seem to hate them.

I realize, as I begin to be introduced around, that Justice4Cecily, McMillan’s support team that covers press and outreach, is mostly made up of the activists who live in or frequent the house – basically, McMillan’s friends. Her team is intelligent and knowledgeable but also young, working on a volunteer basis, and learning about the court system as they go. Her lawyer’s working pro bono. They’re selling beer to cover trial costs. I worry about these underdogs as they prepare to take on the vast machine of the New York government and the money standing silently behind it, yet I’m also oddly thrilled that their voices are powerful enough to be considered a threat worthy of targeting by the establishment. I start to understand why someone might make this their life.

In an interview with Democracy Now soon after her arrest, you can see when the camera pans back that McMillan swings her foot back and forth frenetically under the table as the reporter describes her injuries. She smiles a lot during this interview, and it’s definitely masking something. She seems unsure and physically uncomfortable as she is asked to describe what happened to her, but as soon as she starts talking about activism, she straightens, sharpens, and firmly makes the case for non-violent protest. You can see, suddenly, the organizer, and you can tell she’s good at it. At one point, she is asked if she was afraid to return to protesting, in reference to her participation in the Million Hoodie March. “Yes. When I saw the lines of police officers, I, I had to do what, uh my therapist said, you know: ‘The grass is green. The sky is blue.’ And reconfirm my place in reality and center myself.”

Let us take a moment, then, to re-center ourselves. The grass is green. The sky is blue. And here in reality, there should not be a story about Cecily McMillan’s elbow. This story should end with an acquittal.

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The Last Confederate Is Clarence Thomas Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=11104"><span class="small">Charles Pierce, Esquire</span></a>   
Thursday, 08 May 2014 09:33

Pierce writes: "In his career as a Supreme Court justice, Clarence Thomas, an African American from rural Georgia, presents us with a staggering political and historical contradiction."

Supreme Court Justice Clarence Thomas. (photo: AP)
Supreme Court Justice Clarence Thomas. (photo: AP)


The Last Confederate Is Clarence Thomas

By Charles Pierce, Esquire

08 May 14

 

n Monday, the Supreme Court handed down its decision in the case of Town of Greece v. Galloway. In its 5-4 decision, the Court determined that the town could open its public meetings with a prayer. Writing for the majority, Justice Anthony Kennedy said the prayers did not violate the Establishment clause of the First Amendment because there is a long-standing tradition of such prayer, and because, in Kennedy's opinion, the prayers were not coercive in regards to the people at the meeting who might not share the religion in which the prayers are based. Justice Clarence Thomas voted with the majority. In his concurring opinion, however, he went much further.

Thomas stated, flatly, that the Establishment clause never was meant to apply to the states (or to local governments) at all. In Thomas's stated view, the Establishment Clause "is best understood as a federalism provision - it protects state establishments from federal interference but does not protect any individual right." In short, Thomas is saying that the separation of church and state is meant to apply only to the federal government. This was such a radical re-interpretation of the existing law that not even Antonin Scalia was willing to go as far off the diving board as Thomas did. But it is of a piece with Thomas's general view of the relationship between the federal government and the states, and it is of a piece with the fact that Thomas has allied himself for his entire career on the bench with what has proven to be the most fundamentally dangerous constitutional heresy. That there is an obvious historical irony to this can't be lost on anyone. To see this more clearly, it's necessary to go back almost 20 years to another case, one on which Thomas was on the losing side, but one in which he stated most directly the philosophy that led him to write his dissent this week.

On May 25, 1993, in a 5-4 decision, the Supreme Court ruled that, absent an amendment to the Constitution, the states could not limit the terms of their representatives in Congress. At issue was a term limits law that had been passed in Arkansas, term limits being a front-burner issue at the time thanks to the efforts of Newt Gingrich and his Contract With America. The majority decided that, because the Constitution was a pact between all the people of the United States, and not a compact between states, only the people themselves could change the process by which they elected their representatives to the Congress. Writing for the minority, Thomas disagreed, strongly.

Emphasizing that "the Federal Government's powers are limited and enumerated," Justice Thomas said that "the ultimate source of the Constitution's authority is the consent of the people of each individual state, not the consent of the undifferentiated people of the nation as a whole." Consequently, he said, the states retained the right to define the qualifications for membership in Congress beyond the age and residency requirements specified in the Constitution. Noting that the Constitution was "simply silent" on the question of the states' power to set eligibility requirements for membership in Congress, Justice Thomas said the power fell to the states by default. The Federal Government and the states "face different default rules," Justice Thomas said. "Where the Constitution is silent about the exercise of a particular power -- that is, where the Constitution does not speak either expressly or by necessary implication -- the Federal Government lacks that power and the states enjoy it."

That has been the basic argument since the Constitutional Convention began, and every time that it has been litigated -- in the debates over ratificaton of the Constitution, in the battle over the tariff with South Carolina, when Webster stood up to Hayne, when John C. Calhoun fashioned his doctrine of nullification out of it, when the nation tore out its own guts between 1860 and 1865, and, most recently, when "massive resistance" became the strategy through which white supremacy sought to break the civil rights movement -- it has failed. It was the basis for the Reconstruction amendments, especially the 14th, which Thomas curiously elides in both his term-limits dissent and his government-prayer concurrence.

Nonetheless, it persists, as we've seen most recently in the rhetoric of Tea Party politicians, and on the broken hills around the Bundy Ranch. It persists because there always are forces that seek power by denying the basic fact that of a United States of America, and that the reason for that is that the Constitution is an agreement between the citizens of that country, not between 50 independent republics. That is the reason for the first three words of the Constitution, and the basis for the American political commonwealth. In the nullification crises of the mid-1800's, President Andrew Jackson called James Madison himself out of retirement. Madison's work on the Virginia and Kentucky resolves of 1798 was being used to justify nullification, and Madison responded with a ringing endorsement of the view that the Constitution was a compact between all of the American people, and not an agreement between states. In a letter to Edward Everett that he knew would be circulated widely, Madison wrote:

It was formed, not by the Governments of the component States, as the Federal Govt. for which it was substituted was formed; nor was it formed by a majority of the people of the U. S. as a single community in the manner of a consolidated Government. It was formed by the States - that is by the people in each of the States, acting in their highest sovereign capacity; and formed, consequently by the same authority which formed the State Constitutions.Being thus derived from the same source as the Constitutions of the States, it has within each State, the same authority as the Constitution of the State; and is as much a Constitution, in the strict sense of the term, within its prescribed sphere, as the Constitutions of the States are within their respective spheres; but with this obvious & essential difference, that being a compact among the States in their highest sovereign capacity, and constituting the people thereof one people for certain purposes, it cannot be altered or annulled at the will of the States individually, as the Constitution of a State may be at its individual will.

That brings us back to Clarence Thomas. Long-distance psychoanalysis is almost always worthless, so I will leave that to the savants of the Beltway press corps. I only will point out that, in his career as a Supreme Court justice, Clarence Thomas, an African American from rural Georgia, presents us with a staggering political and historical contradiction. He is the last, and the truest, descendant of John C. Calhoun.

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Ronald Reagan's Benghazi Print
Wednesday, 07 May 2014 15:00

Mayer writes: "On Friday, Issa had announced that he had issued a subpoena to Secretary of State John Kerry for a new round of hearings devoted to searching, against diminishing odds, for some dirty, dark secret about what really happened in Benghazi."

(photo: Reza/Webistan/Corbis)
(photo: Reza/Webistan/Corbis)


Ronald Reagan's Benghazi

By Jane Mayer, The New Yorker

07 May 14

 

ate Saturday night, at the Vanity Fair party celebrating the White House Correspondents’ Association Dinner, Darrell Issa, the Republican congressman from San Diego, California, was chatting amiably with Governor Chris Christie, of New Jersey, leaning in to swap gossip and looking very much at ease in his tuxedo. Issa, who has been the lead inquisitor into what, in shorthand, has come to be known as “Benghazi,” was having a busy weekend. House Speaker John Boehner had just announced a plan for a new special select investigative committee, and, on Friday, Issa had announced that he had issued a subpoena to Secretary of State John Kerry for a new round of hearings devoted to searching, against diminishing odds, for some dirty, dark secret about what really happened in Benghazi.

Ever since militant jihadists killed four Americans, including the U.S. Ambassador, in an attack on a U.S. diplomatic outpost in that remote Libyan town two years ago, House Republicans have kept up a drumbeat of insinuation. They have already devoted thirteen hearings, twenty-five thousand pages of documents, and fifty briefings to the topic, which have turned up nothing unexpected. Kerry’s predecessor, Hillary Clinton, has already accepted responsibility for the tragedy, and the State Department has issued a critical independent report on diplomatic security, resulting in the dismissal of four employees. If the hearings accomplish nothing else, it seems that they promise to keep the subject on life support at least through the midterm congressional elections, and possibly on through any potential Hillary Clinton Presidential campaign. The word “impeachment” has even been trotted out by Obama opponents in connection with this non-scandal.

Watching Issa silhouetted against the Belle Époque windows of the Italian Ambassador’s residence, which were wide open to a garden bathed in colored spotlights, I found myself thinking about another tragedy, thirty years ago, that played out very differently.

Around dawn on October 23, 1983, I was in Beirut, Lebanon, when a suicide bomber drove a truck laden with the equivalent of twenty-one thousand pounds of TNT into the heart of a U.S. Marine compound, killing two hundred and forty-one servicemen. The U.S. military command, which regarded the Marines’ presence as a non-combative, “peace-keeping mission,” had left a vehicle gate wide open, and ordered the sentries to keep their weapons unloaded. The only real resistance the suicide bomber had encountered was a scrim of concertina wire. When I arrived on the scene a short while later to report on it for the Wall Street Journal, the Marine barracks were flattened. From beneath the dusty, smoking slabs of collapsed concrete, piteous American voices could be heard, begging for help. Thirteen more American servicemen later died from injuries, making it the single deadliest attack on American Marines since the Battle of Iwo Jima.

Six months earlier, militants had bombed the U.S. embassy in Beirut, too, killing sixty-three more people, including seventeen Americans. Among the dead were seven C.I.A. officers, including the agency’s top analyst in the Middle East, an immensely valuable intelligence asset, and the Beirut station chief.

There were more than enough opportunities to lay blame for the horrific losses at high U.S. officials’ feet. But unlike today’s Congress, congressmen did not talk of impeaching Ronald Reagan, who was then President, nor were any subpoenas sent to cabinet members. This was true even though then, as now, the opposition party controlled the majority in the House. Tip O’Neill, the Democratic Speaker of the House, was no pushover. He, like today’s opposition leaders in the House, demanded an investigation—but a real one, and only one. Instead of playing it for political points, a House committee undertook a serious investigation into what went wrong at the barracks in Beirut. Two months later, it issued a report finding “very serious errors in judgment” by officers on the ground, as well as responsibility up through the military chain of command, and called for better security measures against terrorism in U.S. government installations throughout the world.

In other words, Congress actually undertook a useful investigation and made helpful recommendations. The report’s findings, by the way, were bipartisan. (The Pentagon, too, launched an investigation, issuing a report that was widely accepted by both parties.)

In March of 1984, three months after Congress issued its report, militants struck American officials in Beirut again, this time kidnapping the C.I.A.’s station chief, Bill Buckley. Buckley was tortured and, eventually, murdered. Reagan, who was tormented by a tape of Buckley being tortured, blamed himself. Congress held no public hearings, and pointed fingers at the perpetrators, not at political rivals.

If you compare the costs of the Reagan Administration’s serial security lapses in Beirut to the costs of Benghazi, it’s clear what has really deteriorated in the intervening three decades. It’s not the security of American government personnel working abroad. It’s the behavior of American congressmen at home.

The story in Beirut wasn’t over. In September of 1984, for the third time in eighteen months, jihadists bombed a U.S. government outpost in Beirut yet again. President Reagan acknowledged that the new security precautions that had been advocated by Congress hadn’t yet been implemented at the U.S. embassy annex that had been hit. The problem, the President admitted, was that the repairs hadn’t quite been completed on time. As he put it, “Anyone who’s ever had their kitchen done over knows that it never gets done as soon as you wish it would.” Imagine how Congressman Issa and Fox News would react to a similar explanation from President Obama today.

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