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Yikes! New Behind-the-Scenes Book Brutalizes the Clinton Campaign Print
Friday, 21 April 2017 08:46

Taibbi writes: "Even if you think the election was stolen, any Democrat who reads this book will come away believing he or she belongs to a party stuck in a profound identity crisis. Trump or no Trump, the Democrats need therapy - and soon."

Hillary Clinton. (photo: Justin Sullivan/Getty)
Hillary Clinton. (photo: Justin Sullivan/Getty)


Yikes! New Behind-the-Scenes Book Brutalizes the Clinton Campaign

By Matt Taibbi, Rolling Stone

21 April 17

 

'Shattered,' a campaign tell-all fueled by anonymous sources, outlines a generational political disaster

here is a critical scene in Shattered, the new behind-the-scenes campaign diary by Jonathan Allen and Amie Parnes, in which staffers in the Hillary Clinton campaign begin to bicker with one another.

At the end of Chapter One, which is entirely about that campaign's exhausting and fruitless search for a plausible explanation for why Hillary was running, writers Allen and Parnes talk about the infighting problem.

"All of the jockeying might have been all right, but for a root problem that confounded everyone on the campaign and outside it," they wrote. "Hillary had been running for president for almost a decade and still didn't really have a rationale."

Allen and Parnes here quoted a Clinton aide who jokingly summed up Clinton's real motivation:

"I would have had a reason for running," one of her top aides said, "or I wouldn't have run."

The beleaguered Clinton staff spent the better part of two years trying to roll this insane tautology – "I have a reason for running because no one runs without a reason" – into the White House. It was a Beltway take on the classic Descartes formulation: "I seek re-election, therefore I am... seeking re-election."

If you're wondering what might be the point of rehashing this now, the responsibility for opposing Donald Trump going forward still rests with the (mostly anonymous) voices described in this book.

What Allen and Parnes captured in Shattered was a far more revealing portrait of the Democratic Party intelligentsia than, say, the WikiLeaks dumps. And while the book is profoundly unflattering to Hillary Clinton, the problem it describes really has nothing to do with Secretary Clinton.

The real protagonist of this book is a Washington political establishment that has lost the ability to explain itself or its motives to people outside the Beltway.

In fact, it shines through in the book that the voters' need to understand why this or that person is running for office is viewed in Washington as little more than an annoying problem.

In the Clinton run, that problem became such a millstone around the neck of the campaign that staffers began to flirt with the idea of sharing the uninspiring truth with voters. Stumped for months by how to explain why their candidate wanted to be president, Clinton staffers began toying with the idea of seeing how "Because it's her turn" might fly as a public rallying cry.

This passage describes the mood inside the campaign early in the Iowa race (emphasis mine):

"There wasn't a real clear sense of why she was in it. Minus that, people want to assign their own motivations – at the very best, a politician who thinks it's her turn," one campaign staffer said. "It was true and earnest, but also received well. We were talking to Democrats, who largely didn't think she was evil."

Our own voters "largely" don't think your real reason for running for president is evil qualified as good news in this book. The book is filled with similar scenes of brutal unintentional comedy.

In May of 2015, as Hillary was planning her first major TV interview – an address the campaign hoped would put to rest criticism Hillary was avoiding the press over the burgeoning email scandal – communications chief Jennifer Palmieri asked Huma Abedin to ask Hillary who she wanted to conduct the interview. (There are a lot of these games of "telephone" in the book, as only a tiny group of people had access to the increasingly secretive candidate.)

The answer that came back was that Hillary wanted to do the interview with "Brianna." Palmieri took this to mean CNN's Brianna Keilar, and worked to set up the interview, which aired on July 7th of that year.

Unfortunately, Keilar was not particularly gentle in her conduct of the interview. Among other things, she asked Hillary questions like, "Would you vote for someone you didn't trust?" An aide describes Hillary as "staring daggers" at Keilar. Internally, the interview was viewed as a disaster.

It turns out now it was all a mistake. Hillary had not wanted Brianna Keilar as an interviewer, but Bianna Golodryga of Yahoo! News, an excellent interviewer in her own right, but also one who happens to be the spouse of longtime Clinton administration aide Peter Orszag.

This "I said lunch, not launch!" slapstick mishap underscored for the Clinton campaign the hazards of venturing one millimeter outside the circle of trust. In one early conference call with speechwriters, Clinton sounded reserved:

"Though she was speaking with a small group made up mostly of intimates, she sounded like she was addressing a roomful of supporters – inhibited by the concern that whatever she said might be leaked to the press."

This traced back to 2008, a failed run that the Clintons had concluded was due to the disloyalty and treachery of staff and other Democrats. After that race, Hillary had aides create "loyalty scores" (from one for most loyal, to seven for most treacherous) for members of Congress. Bill Clinton since 2008 had "campaigned against some of the sevens" to "help knock them out of office," apparently to purify the Dem ranks heading into 2016.

Beyond that, Hillary after 2008 conducted a unique autopsy of her failed campaign. This reportedly included personally going back and reading through the email messages of her staffers:

"She instructed a trusted aide to access the campaign's server and download the messages sent and received by top staffers. … She believed her campaign had failed her – not the other way around – and she wanted 'to see who was talking to who, who was leaking to who,' said a source familiar with the operation."

Some will say this Nixonesque prying into her staff's communications will make complaints about leaked emails ring a little hollow.

Who knows about that. Reading your employees' emails isn't nearly the same as having an outsider leak them all over the world. Still, such a criticism would miss the point, which is that Hillary was looking in the wrong place for a reason for her 2008 loss. That she was convinced her staff was at fault makes sense, as Washington politicians tend to view everything through an insider lens.

Most don't see elections as organic movements within populations of millions, but as dueling contests of "whip-smart" organizers who know how to get the cattle to vote the right way. If someone wins an election, the inevitable Beltway conclusion is that the winner had better puppeteers. 

The Clinton campaign in 2016, for instance, never saw the Bernie Sanders campaign as being driven by millions of people who over the course of decades had become dissatisfied with the party. They instead saw one cheap stunt pulled by an illegitimate back-bencher, foolishness that would be ended if Sanders himself could somehow be removed.

"Bill and Hillary had wanted to put [Sanders] down like a junkyard dog early on," Allen and Parnes wrote. The only reason they didn't, they explained, was an irritating chance problem: Sanders "was liked," which meant going negative would backfire.

Hillary had had the same problem with Barack Obama, with whom she and her husband had elected to go heavily negative in 2008, only to see that strategy go very wrong. "It boomeranged," as it's put in Shattered.

The Clinton campaign was convinced that Obama won in 2008 not because he was a better candidate, or buoyed by an electorate that was disgusted with the Iraq War. Obama won, they believed, because he had a better campaign operation – i.e., better Washingtonian puppeteers. In The Right Stuff terms, Obama's Germans were better than Hillary's Germans.

They were determined not to make the same mistake in 2016. Here, the thought process of campaign chief Robby Mook is described:

"Mook knew that Hillary viewed almost every early decision through a 2008 lens: she thought almost everything her own campaign had done was flawed and everything Obama's had done was pristine."

Since Obama had spent efficiently and Hillary in 2008 had not, this led to spending cutbacks in the 2016 race in crucial areas, including the hiring of outreach staff in states like Michigan. This led to a string of similarly insane self-defeating decisions. As the book puts it, the "obsession with efficiency had come at the cost of broad voter contact in states that would become important battlegrounds."

If the ending to this story were anything other than Donald Trump being elected president, Shattered would be an awesome comedy, like a Kafka novel – a lunatic bureaucracy devouring itself. But since the ending is the opposite of funny, it will likely be consumed as a cautionary tale.

Shattered is what happens when political parties become too disconnected from their voters. Even if you think the election was stolen, any Democrat who reads this book will come away believing he or she belongs to a party stuck in a profound identity crisis. Trump or no Trump, the Democrats need therapy – and soon.

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Top 5 Ways Bill O'Reilly Gave Us Trump and Cheapened America Print
Thursday, 20 April 2017 13:28

Cole writes: "Bill O'Reilly is off the airwaves, but it doesn't really matter. The despicable strategy of presslord Rupert Murdoch of orienting his Fox Cable 'news' toward the nativist far right in the United States will continue."

Bill O'Reilly. (photo: Fox News)
Bill O'Reilly. (photo: Fox News)


Top 5 Ways Bill O'Reilly Gave Us Trump and Cheapened America

By Juan Cole, Informed Comment

20 April 17

 

ill O’Reilly is off the airwaves, but it doesn’t really matter. The despicable strategy of presslord Rupert Murdoch of orienting his Fox Cable “news” toward the nativist far right in the United States will continue. They’ll just find another O’Reilly. Worse, there is more or less an O’Reilly in the White House now, with the nuclear codes. Murdoch and O’Reilly in many ways gave us the Trump presidency, running the Republic into a brick wall.

1. Trump’s ridiculous and very expensive plan to build a wall between the United States and Mexico? That was an O’Reilly idea. I remember seeing O’Reilly trot it out in an interview with the late thriller writer Tom Clancy after 9/11:

O’REILLY: Now, I’ve been banging this drum for more than a year, and I did a “Talking Points” tonight on it, is that the borders are so chaotic and they’re not secured, and we’re very vulnerable from both Canada and Mexico for people who want to bring stuff in and come in here, and the INS can’t control it. Am I wrong there?

CLANCY: No, it’s one of the problems of, you know, one of the consequences of living in a free and open society. You know, the Statue of Liberty invites people in. She’s not holding a machine gun to keep people away.

Clancy wasn’t exactly left wing. But he tried to warn O’Reilly that crackpot plans like the Wall were a long step toward the US becoming a new Soviet Union. The latter, he said, had failed. Now we have a president with squirrels running around in his cranium, who saw O’Reilly push this nonsense and wants to charge us billions in taxes to build it.

It all comes out of a wounded white nationalism, buffeted by globalization, where African-Americans and immigrants are allegedly stealing jobs (they aren’t).

2. O’Reilly beat the drum nightly for George W. Bush’s invasion and occupation of Iraq. He repeatedly alleged that Iraqi dictator Saddam Hussein was behind al-Qaeda, with the implication that Iraq blew up New York and Washington, D.C. He repeatedly alleged that Saddam Hussein had “weapons of mass destruction” and that he was training al-Qaeda operatives in chemical weapons use at Salman Pak. There is no evidence that that was the case. Iraq had nothing to do with al-Qaeda and was clearly afraid of it. There were no weapons of mass destruction in Iraq.

O’Reilly had said that if there turned out to be no WMD in Iraq, he would become more skeptical of the Bush white house. But despite the collapse of the case against Iraq, O’Reilly went on cheerleading for Bush/ Cheney.

3. O’Reilly said on “The View” that “Muslims hit us” on 9/11. Joy Behar and Whoopi Goldberg walked off the set when O’Reilly doubled down on his hate speech and gross generalization. When Trump said last fall “Islam hates us,” he was just echoing O’Reilly.

David Pakman: “Bill O’Reilly Gets Whoopi Goldberg & Joy Behar to Walk Off The View”

4. O’Reilly has repeatedly said racist things, and his current troubles began when he said of senior Congresswoman Maxine Waters that he could not get past her “James Brown wig.” In a famous incident on his now-defunct radio show, O’Reilly had professed himself shocked, on eating at a restaurant owned by African-Americans, that the patrons seemed perfectly respectable. He had recently said that Trump won’t be able to help African-Americans because “ill-educated and have tattoos on their foreheads.”

Then there was all the other bigotry, as when he compared gay marriage to Goat Marriage.

5. O’Reilly’s denial that any practical measures need to be taken to limit CO2 emissions, because they would disadvantage American corporations. Climate denialism is the original fake news, and O’Reilly & Fox were one major source that Trump scans for news like this.

He’s a mean, mean man. And a bad historian, which yours truly holds against him, hard. He managed to cheapen my America and then he made millions writing “fake history.”

The O’Reilly Factor is dead. But Fox will just go on polluting the airwaves.

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Fox Fires 1 Racist, Promotes 2 Others Print
Thursday, 20 April 2017 13:27

Kirell writes: "Fox News may have just rid itself of a serially sexist and racist blowhard by ousting Bill O'Reilly, but the network promoted two racist clowns to help fill the void: Eric Bolling and Jesse Watters."

Fox News personalities Eric Bolling and Jesse Watters will get promoted in the wake of Bill O'Reilly's departure. (photo: Sarah Rogers/The Daily Beast)
Fox News personalities Eric Bolling and Jesse Watters will get promoted in the wake of Bill O'Reilly's departure. (photo: Sarah Rogers/The Daily Beast)


ALSO SEE: It Shouldn't Have
Taken Decades for Fox to Fire Its Harassers

Fox Fires 1 Racist, Promotes 2 Others

By Andrew Kirell, The Daily Beast

20 April 17

 

Bill O’Reilly is gone—and that’s good—but two of the men getting promoted in his wake are just as awful as he was when it comes to race-baiting.

ox News may have just rid itself of a serially sexist and racist blowhard by ousting Bill O’Reilly, but the network promoted two racist clowns to help fill the void: Eric Bolling and Jesse Watters.

As part of Fox’s primetime lineup reshuffling, its 5 p.m. roundtable gabfest The Five will move to the 9 p.m. slot vacated by Tucker Carlson, who will take over O’Reilly’s highly coveted 8 o’clock hour. Bolling will depart The Five to get his own 5 p.m. show, starting May 1. Replacing him on The Five will be Watters, O’Reilly’s long-time protege and henchman.

Both of those smirking dudebros have histories of race-baiting that stretch as far back as allegations of O’Reilly’s serial sexual-harassing.

Plucked from Wall Street to give trading analysis for Fox Business Network, Bolling has become one of the network’s most shameless attention-grabbers over the past near-decade. While manning ostensibly business-related shows for FBN (first Money Rocks, then Follow the Money), Bolling frequently played host to early racist birther conspiracies. On one occasion, he brought on infamous anti-Muslim bigot and birther Pamela Geller to inspect a cardboard cutout of President Obama’s long-form birth certificate.

His commentary on the matter echoed that of your racist uncle’s chain emails, circa 2011. “There’s a green border around it that had to be Photoshopped in,” he remarked to Geller while pointing at the certificate with a green laser-pointer.

Bolling also claimed that New Jersey Muslims knew about 9/11 in advance.

When Obama met with the president of Gambia in 2011, Bolling declared on his show: “It’s not the first time he’s had a hoodlum in the hizzouse,” referring to rapper Common’s appearance at a prior White House event.

“So what’s with all the hoods in the hizzie?” he added.

Earlier that same year, Bolling said Obama was too busy “chugging forties” to visit tornado-ravaged Joplin, Missouri.

“How does increasing taxes count as spending cuts in your world, Mr. Obama?” Bolling said another night, when the president released his tax plan. “Maybe in Kenya, but certainly not here.”

In 2012, after Democratic Rep. Maxine Waters, who is black, used fiery rhetoric to decry Republican leadership, Bolling responded, “Congresswoman, you saw what happened to Whitney Houston. Step away from the crack pipe.”

Following in the footsteps of a habitual fail-upper like Bolling is Watters, who will now co-host Fox’s 9 p.m. show after years of training under O’Reilly.

Watters’s biggest claim to fame was a segment last fall in which he took his perpetual shit-eating grin to the streets of New York’s Chinatown to openly mock Asians. For five minutes, he asked the locals—some of whom didn’t speak English—if they do karate, where he can buy some homeopathic herbs for sexual “performance,” or whether he’s “supposed to bow to say hello.”

“Kung Fu Fighting,” featuring a stereotypical “Oriental” riff, played throughout the pre-taped package. Even right-wing outlets decried the dumb segment as a “crime against comedy.”

“I regret if anyone found offense,” was Watters’s supremely Fox-like non-apology after the outcry reached fever pitch.

As I wrote back then, Watters will “get off with a slap on the wrist… and [he] will always win. And he will continue to rise at Fox News.” I even cited “the meteoric rise of fellow race-baiting clown” Bolling as an example of how “Fox News has historically rewarded cheap, often ugly bullshit.”

With O’Reilly’s firing, it’s clear Fox News is attempting to revamp its internal reputation as a den of sexism and sexual harassment. But in those promoted following his exit, it’s clear the network has no desire to change its on-air reputation when it comes to casual race-baiting.

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Can the Police Retaliate Against a Citizen for Refusing to Answer Police Questions? Print
Thursday, 20 April 2017 13:21

Kerr writes: "In a new case, Alexander v. City of Round Rock, the U.S. Court of Appeals for the 5th Circuit considers the following question: If the police pull over a driver and the driver indicates he will refuse to answer any police questions, does it violate the Constitution for the police to retaliate against the driver to punish him for refusing to answer their questions?"

Police officer. (photo: iStock)
Police officer. (photo: iStock)


Can the Police Retaliate Against a Citizen for Refusing to Answer Police Questions?

By Orin Kerr, The Washington Post

20 April 17

 

n a new case, Alexander v. City of Round Rock, the U.S. Court of Appeals for the 5th Circuit considers the following question: If the police pull over a driver and the driver indicates he will refuse to answer any police questions, does it violate the Constitution for the police to retaliate against the driver to punish him for refusing to answer their questions?

As I read the 5th Circuit’s decision, the court rules that (a) retaliation against the driver for refusing to answer police questions may involve acts that violate the Fourth Amendment, (b) retaliation for refusal to answer police questions doesn’t clearly violate the First Amendment, and (c) such retaliation doesn’t violate the Fifth Amendment.

The court’s Fifth Amendment ruling strikes me as missing some complications, and I thought I would blog about why I think it’s a tricky issue.

I. The facts and ruling

In the case, the plaintiff, Lionel Alexander, was pulled over and declined to answer police questions. According to his complaint, which at this stage of the case the court assumes is accurate (but may not be — that’s a factual question to be developed later), the police conduct was seriously out of control. Specifically, Alexander claims that the police retaliated against Alexander’s refusal to answer their questions by ordering him out of his car and then “pinn[ing] him face down onto the ground.” Several officers joined in, with “one officer press[ing] a boot or knee on the back of Alexander’s neck as his face was mashed into the concrete.” The police then handcuffed him, and an officer asked, “Are you ready to talk to me now?” Alexander responded with an expletive, which led the police to shackle his legs. Amazingly, at that point the officers arrested Alexander. The precise basis for the arrest is a little bit murky. But at least as it was written up in the police report, Alexander was arrested for obstructing a police officer.

Alexander filed a civil suit against the officers and the municipality (collectively, “the officers”). The district court rejected the civil suit, and the 5th Circuit reversed in part and affirmed in part, in an opinion by Judge Edith Brown Clement joined by Judge Jerry Smith and Judge Leslie Southwick.

The 5th Circuit’s new decision makes several rulings against the officers in the case. It rules that Alexander has stated a Fourth Amendment claim for unlawful detention and arrest; that qualified immunity should not apply to those claims; and that Alexander has stated a claim for excessive force.

That all seems correct to me. But I was more interested in the court’s rulings in the officers’ favor, specifically on Alexander’s retaliation claim. Alexander claimed that the officers retaliated against him for refusing to speak to them. According to Alexander, the officers’ retaliation violated his Fifth Amendment right against self-incrimination and his First Amendment rights. The 5th Circuit ruled that any retaliation could not violate Alexander’s Fifth Amendment right and that any First Amendment claim was barred by qualified immunity.

II. The retaliation claims

Let’s look more specifically at the courts’ reasoning on the retaliation claims. Here’s the court rejecting the Fifth Amendment claim:

Alexander’s argument that Garza and the officers retaliated against him for exercising his Fifth Amendment right not to answer Officer Garza’s questions is easily disposed of. As this court has noted on multiple occasions, “[a]n individual’s Fifth Amendment right against self-incrimination is implicated only during a custodial interrogation.” Murray v. Earle, 405 F.3d 278, 286 (5th Cir. 2005) (internal quotation marks omitted); see also United States v. Wright, 777 F.3d 769, 777 (5th Cir. 2015) (same). Indeed, “[t]he Fifth Amendment privilege against self-incrimination is a fundamental trial right which can be violated only at trial.” Murray, 405 F.3d at 285; see also Winn v. New Orleans City, 919 F. Supp. 2d 743, 752 (E.D. La. 2013) (same). In other words, the Fifth Amendment protects a defendant from being coerced into making an incriminating statement, and then having that statement used against him at trial. But Alexander was never tried. His Fifth Amendment right against self-incrimination was not violated.

And here’s the discussion of the First Amendment claim, with most citations omitted:

We hold that Alexander’s claim on this point cannot overcome the officers’ qualified immunity, because “it was not clearly established that an individual has a First Amendment right to refuse to answer an officer’s questions during a Terry stop.” Koch v. City of Del City, 660 F.3d 1228, 1244 (10th Cir. 2011). Surprisingly few courts have ruled on this precise issue; the parties point to no cases from this circuit directly on point. The sparse case law that does exist, however, indicates no consensus that a defendant has a First Amendment right not to answer an officer’s questions during a stop like the one at issue here.

One court summarized the issue well: “Plaintiffs contend that they can state such a First Amendment retaliation claim because Defendants retaliated against them for exercising their right not to speak. However, this right not to speak has been limited to the context of government-compelled speech with respect to a particular political or ideological message. Plaintiffs cite no authority to support the application of the First Amendment protection against government-compelled ideological or political speech into the context of police interviews.”

It is instructive that Alexander points to no case supporting the contention that there is a clearly established First Amendment right not to answer an officer’s questions during a traffic stop. We therefore conclude that the officers are entitled to qualified immunity on Alexander’s First Amendment retaliation claim.

I’ll leave it to the First Amendment experts to weigh in on that claim (calling Eugene!). But I did want to focus on the Fifth Amendment claim, as I think it is more complicated than the court’s short analysis suggests.

III. The three versions of the Fifth Amendment

Here’s the problem. Much to the confusion of students of criminal procedure, the Fifth Amendment right against self-incrimination has been interpreted by the Supreme Court in three different ways to do three different things.

The first Fifth Amendment right against self-incrimination is what you might call the classic Fifth Amendment right against self-incrimination. The law can’t force you to speak in a way that might subject you to criminal liability. When a person is being compelled to say something that might make them admit to committing a crime, they must “plead the Fifth” and a judge can then rule on whether the privilege applies. If the right is not asserted before the statement is made, the right normally is waived.

The second Fifth Amendment right against self-incrimination is a right to the suppression of coerced statements in a later criminal proceeding. If the government interrogates you and you confess, the confession can be thrown out if it was not voluntary. This is an old common-law voluntariness standard that was later construed as part of the Fifth Amendment’s due process requirement. See, e.g., Jackson v. Denno, 378 U.S. 368, 376 (1964) (“It is now axiomatic that a defendant in a criminal case is deprived of due process of law if his conviction is founded, in whole or in part, upon an involuntary confession[.]”). Although most of the cases construing this right view it as part of the due process clause, some case law also (confusingly) grounds this right in the Fifth Amendment right against self-incrimination. See, e.g., Chavez v. Martinez, 538 U.S. 760 (2003); Dickerson v. United States, 530 U.S. 428, 433-34 (2000).

The third right is the Miranda v. Arizona right, which is a broader right in custodial interrogation to be given warnings and to be able to stop questioning if you ask for a lawyer or instruct that you wish to remain silent. The Supreme Court says that this is a “prophylactic” on the underlying Fifth Amendment right. There are dozens of Supreme Court cases on this right, and essentially they treat Miranda rights as a separate set of rights inspired by the traditional right against self-incrimination but also separate from it. See generally Dickerson v. United States, 530 U.S. 428 (2000).

Importantly, these are three distinct rights that are all justified by the same constitutional text that no person “shall be compelled in any criminal case to be a witness against himself.” The first is a right a person can assert not to be compelled by threat of legal punishment to say something that would expose them to criminal liability. The second is a right not to have forced confessions admitted in a criminal proceeding. The third is a right to get warnings in custody and to be able to call off interrogations. They’re all in the same ballpark in a broad sense. They all deal with government questioning under pressure. But they’re three distinct rights with three distinct histories.

IV. The Fifth Amendment analysis in Alexander

Now back to the Alexander case. The court’s statement that the Fifth Amendment applies only in custodial interrogation is only about the third of these rights, the Miranda right. But this case doesn’t involve a Miranda claim, so I don’t think that can be a strong basis for the court’s ruling.

Admittedly, exactly how to classify Alexander’s Fifth Amendment claim isn’t at all clear. That’s why I think the case is tricky. Is it a classic Fifth Amendment claim, in which Alexander was refusing to comply with officers’ questions despite state law that (the officers seemed to think, at least) required him to cooperate? Or is it more of a claim about the second kind of Fifth Amendment right? It’s true that there was no trial against Alexander, and maybe that ends the matter under the second type of claim under Chavez. But at the very least, it seems important to realize that there is a lot more to the Fifth Amendment merits than just Miranda case law.

More broadly speaking, the facts of Alexander bring up some real tension in cases like Miranda, Salinas v. Texas, and United States v. Okatan about what the “right to remain silent” actually means. Miranda speaks broadly of the right, suggesting it is part of the Fifth Amendment and that you never have to answer police questions. Salinas says you have the right to remain silent but you have to invoke it first. Okatan says that if you did invoke it, the government can’t comment at trial on the fact that you refused to answer questions.

Alexander seems to have invoked his right properly, and at least according to the complaint he was punished for doing so. It may be that the Fifth Amendment has nothing to say with that: As long as Alexander wasn’t prosecuted, maybe the government can retaliate against him for not speaking so long as it does so within Fourth Amendment bounds in terms of detaining him and using force. Maybe the idea that you have a “right to remain silent” is itself inaccurate, as you have much more limited rights than such a broad phrase would suggest. But my sense is that there are difficult issues lurking in the court’s Fifth Amendment ruling that didn’t come out in the short passage in the opinion.

I’m not sure any of my uncertainty changes the ultimate result in this case. No matter how Alexander’s Fifth Amendment claim is characterized, I gather that retaliation wouldn’t violate clearly established Fifth Amendment law under prevailing qualified-immunity standards. But it struck me as an important set of issues nonetheless.

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FOCUS: Sanders Names Eight to Democratic Party Reform Committee Print
Thursday, 20 April 2017 12:00

Galindez writes: "The Democratic National Committee has announced the members of its 'unity commission.' The committee will be charged with reforming the party nominating process."

Senator Bernie Sanders. (photo: Getty)
Senator Bernie Sanders. (photo: Getty)


Sanders Names Eight to Democratic Party Reform Committee

By Scott Galindez, Reader Supported News

20 April 17

 

Please join Scott Galindez and RSN for a livestream video of "Bernie Sanders & Keith Ellison - Come Together & Fight Back Tour 2017" in Omaha, Nebraska, tonight, April 20 at 6PM. -AW/RSN

he Democratic National Committee has announced the members of its “unity commission.” The committee will be charged with reforming the party nominating process. They will make recommendations for limiting the role of superdelegates in the primary process, debating rules for caucuses and primaries, and bigger-picture recommendations about party structure and competitiveness.

Senator Bernie Sanders issued the following statement Wednesday:

“I look forward to working with the new Unity Reform Commission of the Democratic National Committee.

“It is my full intent, and the intent of the eight men and women I named to the commission, to fight vigorously for fundamental reforms in the Democratic Party. We must build a 50-state, grassroots party that opens its doors to the working class and to young people all across the nation – and that is prepared to take on the big money interests that have so much influence over the political and economic life of our country. We must build a strong grassroots, progressive movement at the local, state and national level that encourages bold, new leadership.

“Our political revolution is well underway, and it is my hope that this Commission will actively move the Democratic Party, its rules, and its practices, forward to ensure that we create a government that works for all Americans and not just the billionaire class.

“I chose the eight men and women listed below to sit on the commission because I know that they support meaningful reform. They have my full confidence, and I look forward to seeing the results of their hard work.”

The members of the Unity Commission appointed by Sanders are:

Larry Cohen, Vice Chair of the Unity Reform Commission, District of Columbia
Hon. Gus Newport, California
Jane Kleeb, Nebraska
Jim Zogby, District of Columbia
Hon. Nina Turner, Ohio
Hon. Lucy Flores, California
Jeff Weaver, Virginia
Nomiki Konst, New York

The members of the committee with ties to Clinton are former chief administrative officer Charlie Baker, former senior adviser Maya Harris, former delegate director David Huynh, former Nevada state director Jorge Neri, former Colorado state director Emmy Ruiz, and Elaine Kamarck, a fellow at the Brookings Institution who worked in former president Bill Clinton’s White House.

Iowa Democratic activist Jan Bauer, Democratic strategist Jeff Berman, Ohio Rep. Marcia Fudge, former Maryland Democratic Party Chairwoman Yvette Lewis, and former Denver Mayor Wellington Webb round out the group.

The commission holds its first meeting in early May in Washington, D.C., with a report due to the committee before the new year.

This commission will either open the doors to progressives or leave the “third way” Democrats in control of a shrinking party.



Scott Galindez attended Syracuse University, where he first became politically active. The writings of El Salvador's slain archbishop Oscar Romero and the on-campus South Africa divestment movement converted him from a Reagan supporter to an activist for Peace and Justice. Over the years he has been influenced by the likes of Philip Berrigan, William Thomas, Mitch Snyder, Don White, Lisa Fithian, and Paul Wellstone. Scott met Marc Ash while organizing counterinaugural events after George W. Bush's first stolen election. Scott moved to Des Moines in 2015 to cover the Iowa Caucus.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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