Breaking . . Boston Bombing Suspect Dzhokhar Tsarnaev Arraigned – WCVB Boston

Dzhokhar Tsarnaev

Dzhokhar Tsarnaev

Moments ago, WCVB Boston reported that, according to “a federal official,” Boston Marathon Bombing suspect Dzhokhar Tsarnaev has been arraigned in his hospital bed.

Dzhokhar Tsarnaev, the surviving accused Boston Marathon bomber, has been arraigned in his hospital bed, a federal official tells NewsCenter 5′s Kelley Tuthill.

The complaint against him has been sealed, according to Gary Wente, the circuit executive for the U.S. Courts in Boston.

Law enforcement sources tell ABC News Dzhokhar Tsarnaev, the second suspect in the Boston Marathon Bombing, is awake and responding sporadically in writing to questions.

The source told ABC’s Pierre Thomas investigators were questioning the 19-year-old Tsarnaev about other cell members and other unexploded bombs, but said no details were given yet on answers.

More information from Twitter — no links yet.

WCVB reporter Tuthill “a little frustrated” that no pool reporter was allowed to be present at the arraignment–they had been told it would be “public.”

White House Press Secretary Jay Carney has no announced that Tsarnaev will not be treated as an “enemy combatant.”

Suck it, Lindsey!!

WCVB has also posted a newly released photo of Tsarnaev leaving an ATM after using the card stolen from the highjack victim.

Dzhokhar-Tsarnaev-Leaving-ATM

I’ll post more details in the comment thread as I get them.

UPDATE:

Video of WH briefing at Politico

Boston bombing suspect Dzhokar Tsarnaev “will not be treated as an enemy combatant,” White House press secretary Jay Carney said Monday.

Carney’s statement comes after a group of Republican lawmakers led by Sen. Lindsey Graham (R-S.C.) have called for Tsarnaev to be treated as an enemy combatant, at least for the purposes of interrogation. “The suspect, based upon his actions, clearly is a good candidate for enemy combatant status. We do not want this suspect to remain silent,” Graham said in a statement along with Sens. John McCain and Kelly Ayotte, and Rep. Peter King.

Tsarnaev, Carney said, is a U.S. citizen and should be treated as such and tried in civilian court. “This is absolutely the right way to go and the appropriate way to go,” he said.

The Justice Department and Attorney General Eric Holder made the determination of how to try Tsarnaev and “the whole national security team supports this decision,” Carney said, adding that because the suspect is a citizen, there is no other option for how to try him.


Religion Pimping: Secessionists and Proselytizers on the Public Dole

perry-jesus.gifI’m not the the resident psychologist here, but I really feel hyper-religiousity is a fricking mental disease.  I know it is a social one.  I have no idea why some people feel they have the right and duty to plaster their religious beliefs all over the rest of us, but it is clearly not an American idea.  Here’s the latest whackadoodle attempt to do an end run around our constitution by a cluster of bananas in North Carolina.

The Constitution “does not grant the federal government and does not grant the federal courts the power to determine what is or is not constitutional” according to a resolution sponsored by North Carolina House Majority Leader Edgar Starnes (R) and ten of his fellow Republicans — a statement that puts them at odds with over 200 years of constitutional law. In light of this novel reading of the Constitution, Starnes and his allies also claim that North Carolina is free to ignore the Constitution’s ban on government endorsement of religion:

SECTION 1. The North Carolina General Assembly asserts that the Constitution of the United States of America does not prohibit states or their subsidiaries from making laws respecting an establishment of religion.

SECTION 2. The North Carolina General Assembly does not recognize federal court rulings which prohibit and otherwise regulate the State of North Carolina, its public schools, or any political subdivisions of the State from making laws respecting an establishment of religion.

This resolution is nothing less than an effort to repudiate the result of the Civil War. As the resolution correctly notes, the First Amendment merely provides that “Congress shall make no law respecting an establishment of religion,” and, indeed, the Bill of Rights was originally understood to only place limits on the federal government. For the earliest years of the Republic, the Bill of Rights were not really “rights” at all, but were instead guidelines on which powers belonged to central authorities and which ones remained exclusively in the hands of state lawmakers.

In 1868, however the Fourteenth Amendment was ratified for the express purpose of changing this balance of power. While the early Constitution envisioned “rights” as little more than a battle between central and local government, the Fourteenth Amendment ushered in a more modern understanding. Under this amendment, “[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States,” nor may any state “deprive any person of life, liberty, or property, without due process of law.” The Fourteenth Amendment completely transformed the nature of the American Republic, from one where liberties were generally protected — if at all — by tensions between competing governments to one which recognized that there are certain liberties that cannot be abridged by any government.

So, a few folk want a state religion in North Carolina because sectarian opening prayers just aren’t pious enough for them.

A bill filed by Republican lawmakers would allow North Carolina to declare an official religion, in violation of the Establishment Clause of the U.S. Bill of Rights, and seeks to nullify any federal ruling against Christian prayer by public bodies statewide.

The legislation grew out of a dispute between the American Civil Liberties Union and the Rowan County Board of Commissioners. In a federal lawsuit filed last month, the ACLU says the board has opened 97 percent of its meetings since 2007 with explicitly Christian prayers.

Overtly Christian prayers at government meetings are not rare in North Carolina. Since the Republican takeover in 2011, the state Senate chaplain has offered an explicitly Christian invocation virtually every day of session, despite the fact that some senators are not Christian.

In a 2011 ruling on a similar lawsuit against the Forsyth County Board of Commissioners, the Fourth U.S. Circuit Court of Appeals did not ban prayer at government meetings outright, but said prayers favoring one religion over another are unconstitutional.

“To plant sectarian prayers at the heart of local government is a prescription for religious discord,” the court said. “Where prayer in public fora is concerned, the deep beliefs of the speaker afford only more reason to respect the profound convictions of the listener. Free religious exercise posits broad religious tolerance.”

Supplanting modernity, science, rationale thought and replacing it with government mandated religious views is the agenda here. Here’s another good example.  RNC Chair Reince Preibus thinks he knows more than doctors.  He equates letting doctors and women decide about the outcomes of late term abortions–and possibly pre-term births–to infanticide.

In an article published Wednesday on the conservative website RedState, Republican National Committee chairman Reince Priebus blasted Democrats for supporting Planned Parenthood, while floating the damning suggestion that the likes of President Barack Obama and Senate Majority Leader Harry Reid (D-NV) support infanticide.

“The President, the Senate Majority Leader, the House Democratic Leader, and the Chair of the Democratic National Committee (in whose home state this hearing occurred) made funding Planned Parenthood an issue in the 2012 campaign,” Priebus wrote. “They should now all be held to account for that outspoken support. If the media won’t, then voters must ask the pressing questions: Do these Democrats also believe a newborn has no rights? Do they also endorse infanticide?”

Priebus appeared to predicate much of his piece on recent testimony from a Planned Parenthood lobbyist before the Florida legislature. The lobbyist was posed a number of hypotheticals on what the women’s healthcare organization would do if a baby survived a botched abortion.

“Not once in her testimony did the Planned Parenthood representative say the newborn baby has a right to life. Not once did she say anyone has a duty to care for the child,” Priebus wrote. “Whether the living, breathing child survives is up to the adults in the room because, as we now know, Planned Parenthood doesn’t believe the baby has rights.”

Who better knows the outcome of this situation?  The State?  Priestb00 and his merry band of republican religious nuts?

borsThis reminds me of the attempts in Louisiana and other places to drain money from public schools to religious-based schools.  Republicans are horrified to think that religions other than their own might have access to the funds. This is playing out in Tennessee right now.

Republican lawmakers in Tennessee are threatening to block Republican Gov. Bill Haslam’s school voucher bill over fears that Muslim schools could receive funding.

The Knoxville News Sentinel reported on Monday that Haslam hinted that he would withdraw his bill after objections from Republican lawmakers that it was not broad enough and that the vouchers could be used by Islamic schools.

Over the weekend, state Sen. Jim Tracy (R) had told The Murfreesboro Post that he had “considerable concern” that tax dollars could go to schools that teach principles from the Quran.

Tracy, who is on the Senate Education Committee and identifies himself as a member of the Church of Christ, insisted that Islamic school funding was an “an issue we must address” before the voucher bill can go forward.

“I don’t know whether we can simply amend the bill in such a way that will fix the issue at this point,” he said.

Yes, there is one Muslim school in Memphis that would have access to state funds under the bill.  So, it’s wrong to fund Muslim schools, but you can guess which religious schools should be the only ones funded by government.

Look, I have nothing against other people’s free practice of religion.  There are at least two great places for that to happen.  The places are called THEIR home and THEIR place of worship.  Every place else should be a religion-free zone.  It’s obvious these folks didn’t get a very good education in American history or political thought.  For that matter, the don’t appear to have been well-educated in much else.  OR, they are just plain crazy.  I’m going with the latter.


Good Night, Good Luck: Thoughts on Murrow, Journalism and Responsibility

murrow

Good Afternoon

Thursday night I watched the film Good Night and Good Luck, with David Strathairn and George Clooney. I am sure that many of you saw this film when it came out eight years ago. (Yes, that is 8 years…)

I saw it too back then, but I had not seen it in years…and I never saw the short featurette interviews with the real people portrayed in the film.  Joe and Shirley Wershba, Milo Radulovich, Ed Murrow’s son and Fred Friendly’s son discuss Murrow and give some thoughts on the use of television media during the time of the McCarthy hearings. I say television because Ed Murrow was concerned about how viewing the image or picture being broadcast on the screen would change the news story he was telling.

It is fortunate that I found this featurette on the web, it is only 15 minutes but if you can, watch it before you read the rest of my post.

Good Night, And Good Luck – Featurette | SPIKE

Fred Friendly’s widow states that Ed Murrow was, “dubious” about the change from his radio show, “Hear It Now” to the television version “See It Now.”  It was Murrow’s belief that the camera changed the story, that people processed visual information and news differently than they did when just listening to the words being said.  According to Murrow’s son, the camera invaded the news story, especially in those early days of news broadcast, with the lights and large equipment needed to air the programs, it changed the dynamics of the story in a real big way.

It was during this time the news took on an editorial flavor; there aren’t always two sides to a story. McCarthyism was destroying the country. Murrow got this message out to his viewers, knowing what was at stake.  It was personal and it was risky…

The Murrow team had been collecting film on Wisconsin Senator Joseph McCarthy where ever he went…and used it when they got the evidence they needed. Murrow got to the truth of the story by taking McCarthy’s own words and actions and putting them on the air.

Joe Wershba says that Murrow knew the tremendous power of television media…he describes the agonizing question of whether Murrow had the right to use this power against McCarthy. Think about it…Here you have McCarthy, trampling the rights and civil liberties given by the Constitution, and yet McCarthy got all this power because of the very rights he was running over.

This is where Milo Radulovich comes in. Radulovich,

…was an American citizen (born in Detroit) of Serbian descent and former reserve Air Force lieutenant who was accused of being a security risk for maintaining a “close and continuing relationship”[1] with his father and sister, in violation of Air Force regulation 35-62.[2] His case was publicized nationally by Edward Murrow on October 20, 1953, on Murrow’s program, See It Now:

That [Air Force regulation 35-62] is a regulation which states that ‘A man may be regarded as a security risk if he has close and continuing associations with communists or people believed to have communist sympathies.’ Lieutenant Radulovich was asked to resign in August. He declined. A board was called and heard his case. At the end, it was recommended that he be severed from the Air Force. Although it was also stated that there was no question whatever as to the Lieutenant’s loyalty.—Edward R. Murrow[3][4]

Murrow used Radulovich’s personal story to get the point across. And when the Air Force finally reinstated Radulovich, people realized just how powerful television journalism was, and Murrow felt the consequences would be great.

On the featurette, Fred Friendly’s son says that “overall climate of television news” today is frightening…and that his father would be horrified by it.

Well, this horrifying evolution of television news can be primarily shouldered by the corporations…specifically the advertising money these corporations brought in…the airwaves were originally thought of as the people’s airways…that the news had to be given to the public straight. But then the news programs became a money-maker, news stories became entertainment. And with this entertainment, the trust people had in broadcasters like Murrow disappeared.

Friendly’s son says in the interview up top, television was making more money doing its worst…than it did doing its best. (Ain’t that the truth!)

Shirley Wershba states how important it was to get the truth to the stories, they used McCarthy own words in their reports, pointing out the hypocrisies and the craziness of McCarthyism. They researched and were very careful with what they reported on the news. It is not like that today. We have seen too many times the mistakes, blatant ones at that, made by the press…they are careless with the facts.

Responsibility. It is something that both MSM broadcast news and the people watching it must take seriously.  Responsibility is vitally necessary to get the facts down right. George Clooney says at the end of the featurette he hopes the film Good Night and Good Luck will bring the issue of responsibility to the discussion and I agree with him; we need to talk about responsibility.

I guess my point with all this is just how important it is to question things.

Maybe that is why people like Jon Stewart, sites like Wikileaks, and those who blog and pick apart news reports are popular with folks who look for the big picture, the ones who don’t accept the cropped version as the final word. It is our responsibility to dig deeper than what we see, hear and read in news broadcast…and in journalism media today. I think too many people are not doing their homework. They take whatever bits and pieces they get from MSM and leave it at that. It is a shame, because this lack of attention is causing present day extremist the likes of McCarthy to flourish in our government and politics.

It is ironic, the very rights these extremist are out to destroy… are the ones that allow them to carry out their agenda. The difference between now and Murrow’s time comes down to this…us.

We…the public.

Were our standards were higher? Eh, I don’t know, but I do feel however that responsibility is key.

It seems that there are less Murrows and Friendlys out there who feel responsible to the people, and more importantly…it seems to me the public has become full of people who don’t feel responsible to truth. We get fed the news and opinions the corporations and sponsors want us to eat…but few question it.

I wish news outlets weren’t controlled by the money companies pay to advertise on their shows, websites or blogs. It makes me think about Murrow’s anxiety about the power of television. Think about how the internet has changed the news narrative. The internet is just another powerful technology…like television was in its day….only the web is instantaneous. It is distracting and full of things that manipulate our opinions.  But…the internet is also a tool we can use to be responsible to the truth, if we use it responsibly.

I wish people would question, research and look for truth behind every news report being told. I worry that there is no longer a responsible collective voice standing up for what is right or true….unlike the era of McCarthy, we do not have that voice…the sense of duty or obligation to stand up to the money men behind the corporations, politicians and the advertising and lobbying dollars they use to get what they want.  And, they have the ambitious McCarthys of today, to do the job for them.

The batshit crazy. It’s been going on for so many years…and my fear is it will keep on going.

Will it ever stop?

Keeping all this in mind, take a look at a few of these links:

Last week Glenn Greenwald had an article about Bob Woodward…you can read it here: Bob Woodward embodies US political culture in a single outburst

I want to bring this part of Greenwald’s post to your attention…where he mentions an essay written by Lewis Lapham back in 2008:

Bob Woodward fulfills an important function. Just as Tim Russert was long held up as the scary bulldog questioner who proved the existence of an adversarial TV press while the reality was that, as Harper’s [sic] Lewis Lapham famously put it, he maintained “the on-air persona of an attentive and accommodating headwaiter”, the decades-old Woodward lore plays a critical role in maintaining the fiction of a watchdog press corps even though he is one of the most faithful servants of the war machine and the national security and surveillance states. Every once and awhile, the mask falls, and it’s a good thing when it does.

This last paragraph stuck with me, and when I watched Good Night, and Good Luck last night…particularly the featurette, I went back to the Greenwald post and dug a little bit deeper.

Greenwald links to this Gawker post from Aug. 2008, A Careful Evisceration Of Tim Russert. Which I will highlight this statement:

…Lapham, sometimes slammed as insufferable bore, has spun a compelling essay out of his rough initial pronouncement that “1,000 people came to [Russert's] memorial service because essentially he was a shill for the government.”

This is little nugget from New York Magazine in July of 2008, again in reference to Lapham’s essay: Lewis Lapham Unhappy With Political Journalism, Including Tim Russert

Lewis Lapham isn’t happy with political journalism today. “There was a time in America when the press and the government were on opposite sides of the field,” he said at a premiere party for Gonzo: The Life and Work of Dr. Hunter S. Thompson on June 25. “The press was supposed to speak on behalf of the people. The new tradition is that the press speaks on behalf of the government.” An example? “Tim Russert was a spokesman for power, wealth, and privilege,” Lapham said. “That’s why 1,000 people came to his memorial service. Because essentially he was a shill for the government. It didn’t matter whether it was Democratic or Republican. It was for the status quo.” What about Russert’s rep for catching pols in lies? “That was bullshit,” he said. “Thompson and Russert were two opposite poles.”

Well, here is the actual essay Greenwald is refering to: [Notebook] | Elegy for a Rubber Stamp, by Lewis Lapham | Harper’s Magazine

Please read the entire essay, but I just want to point out a few paragraphs to look out for:

Many people loved Russert, and I don’t doubt that they had reason to do so. I’m sure that most of what was said about him on camera was true: that he was a devoted father, a devout Catholic, and a faithful friend, generous in spirit and a joyful noise unto the Lord. I mean no disrespect to his widow or to his son, but if I have no reason to doubt his virtues as a man, neither do I have any reason to credit the miracle of Russert as a journalist eager to speak truth to power. In his professional as opposed to his personal character, his on-air persona was that of an attentive and accommodating headwaiter, as helpless as Charlie Rose in his infatuation with A-list celebrity, his modus operandi the same one that pointed Rameau’s obliging nephew to the roast pheasant and the coupe aux marrons in eighteenth-century Paris: “Butter people up, good God, butter them up.”

With the butter Russert was a master craftsman, his specialty the mixing of it with just the right drizzle of salt. The weekend videotapes, presumably intended to display Russert at the top of his game, deconstructed the recipe. To an important personage Russert asked one or two faintly impertinent questions, usually about a subject of little or no concern to anybody outside the rope lines around official Washington; sometimes he discovered a contradiction between a recently issued press release and one that was distributed by the same politician some months or years previously. No matter with which spoon Rus sert stirred the butter, the reply was of no interest to him, not worth his notice or further comment. He had sprinkled his trademark salt, his work was done. The important personage was free to choose from a menu offering three forms of response—silence, spin, rancid lie. If silence, Russert moved on to another topic; if spin, he nodded wisely; if rancid lie, he swallowed it.

A couple more:

The attitude doesn’t lead to the digging up of much news that might be of interest to the American people, but it endeared Russert to his patrons and clients. Madeleine Albright, secretary of state in the Clinton Administration, expressed her gratitude to Olbermann: “Tim was amazing because I can tell you that, as a public official, it was really, first of all, a treat to get on the show.” Two days later, over at NBC, Mary Matalin (former CBS and CNN talk-show host, former counselor to Vice President Dick Cheney) seconded the motion, attributing Russert’s profound knowledge of national politics to his superb qualities as a rubber stamp. “He respected politicians,” Matalin said. “He knew that they got blamed for everything, got credit for nothing. He knew how much they meant. He never treated them with the cynicism that attends some of these interviews. So they had a place to be loved.” Remembering Russert on ABC, Sam Donaldson explained why too much salt in the butter makes it harder to spread: “He [Russert] understood as well as anyone, maybe better than almost anyone, that the reason political reporters are there is not to speak truth to power . . . but to make those who say we have the truth—politicians—explain it.”

Speaking truth to power doesn’t make successful Sunday-morning television, leads to “jealousy, upsets, persecution,” doesn’t draw a salary of $5 million a year. The notion that journalists were once in the habit of doing so we borrow from the medium of print, from writers in the tradition of Mark Twain, Upton Sinclair,

H. L. Mencken, I. F. Stone, Hunter Thompson, and Walter Karp, who assumed that what was once known as “the press” received its accreditation as a fourth estate on the theory that it represented the interests of the citizenry as opposed to those of the government. Long ago in the days before journalists became celebrities, their enterprise was reviled and poorly paid, and it was understood by working newspapermen that the presence of more than two people at their funeral could be taken as a sign that they had disgraced the profession.

On television the voices of dissent can’t be counted upon to match the studio drapes or serve as tasteful lead-ins to the advertisements for Pantene Pro-V and the U.S. Marine Corps. What we now know as the “news media” serve at the pleasure of the corporate sponsor, their purpose not to tell truth to the powerful but to transmit lies to the powerless. Like Russert, who served his apprenticeship as an aide-de-camp to the late Senator Daniel Patrick Moynihan, most of the prominent figures in the Washington press corps (among them George Stephanopoulos, Bob Woodward, and Karl Rove) began their careers as bagmen in the employ of a dissembling politician or a corrupt legislature. Regarding themselves as de facto members of government, enabling and codependent, their point of view is that of the country’s landlords, their practice equivalent to what is known among Wall Street stock-market touts as “securitizing the junk.” When requesting explanations from secretaries of defense or congressional committee chairmen, they do so with the understanding that any explanation will do. Explain to us, my captain, why the United States must go to war in Iraq, and we will relay the message to the American people in words of one or two syllables. Instruct us, Mr. Chairman, in the reasons why K-Street lobbyists produce the paper that Congress passes into law, and we will show that the reasons are healthy, wealthy, and wise. Do not be frightened by our pretending to be suspicious or scornful. Together with the television camera that sees but doesn’t think, we’re here to watch, to fall in with your whims and approve your injustices. Give us this day our daily bread, and we will hide your vices in the rosebushes of salacious gossip and clothe your crimes in the aura of inspirational anecdote.

Indeed, it all comes down to the idea of truth in journalism according to the corporate sponsors…batshit crazy is now becoming symbolic of the myth that there is a “free press” in this country….when the obvious conclusion seems to me centered on one thing…the lack of responsibility from both the media journalist…and their viewing and reading public.

Batshit crazy…Will it ever stop?

In all honesty, the answer to my question above is simple.

No, it will never stop as long as we, the people, fail to hold our “free press” accountable to the responsibility of journalism.

It’s a very sorry sad situation…and it’s a damn shame.


Real Life Rambo or Public Enemy Number 1?

proxy.storify.comThe frantic hunt for an ex LAPD officer turned shooter has turned into a series of odd and frightening events. The manhunt started out as a search for what was thought to be a spree shooter with a manifesto. The manifesto is available on line and talks about Christopher Dorner’s beef with his former employer the LA police department. It seems the LAPD is now in a stranger-than-life manhunt that is providing more support for Dorner’s manifesto than for the hunt for the ex cop who shot and killed 3 people, including a police officer and the daughter of a former police chief.

We now know that the man hunt for the ex-soldier isthe first known case of a Drone being used to hunt down a US citizen on US soil.

It was revealed that Dorner has become the first human target for remotely-controlled airborne drones on US soil.

It appears that the drone came from the Customs and Border Control Federal Agencies as reported by the UK-based Daily Express.  You’ll notice that most of the chilling and accurate coverage in this post comes from the UK.

POLICE plan to use spy drones in the hunt for a Rambo-style ex-soldier and policeman who has murdered three people and vowed to kill again.

They believe burly, heavily-armed Christopher Dorner is holed-up in the wilderness of California’s snow-capped San Bernardino mountains 80 miles east of Los Angeles.

The burnt-out shell of his pick-up truck was discovered in the nearby resort of Big Bear, where residents and tourists have been warned to stay indoors as the search continues.

Yesterday, as a task force of 125 officers, some riding Snowcats in the rugged terrain, continued their search, it was revealed that Dorner has become the first human target for remotely-controlled airborne drones on US soil.

A senior police source said: “The thermal imaging cameras the drones use may be our only hope of finding him. On the ground, it’s like looking for a needle in a haystack.”

Asked directly if drones have already been deployed, Riverside Police Chief Sergio Diaz, who is jointly leading the task force, said: “We are using all the tools at our disposal.”

The use of drones was later confirmed by Customs and Border Patrol spokesman Ralph DeSio, who revealed agents have been prepared for Dorner to make a dash for the Mexican border since his rampage began.

He said: “This agency has been at the forefront of domestic use of drones by law enforcement. That’s all I can say at the moment.”

Dorner, who was fired from the LAPD in 2008 for lying about a fellow officer he accused of misconduct, has vowed to wreak revenge by “killing officers and their families”.

The most bizarre and sad stories from this chase are the number of innocent people who have been shot and endangered by police who appear to be chasing down anything remotely resembling Dorner’s transportation.  This included an elderly Hispanic woman and her daughter delivering newspapers and neighborhood homes surrounding their ambush.

Two women who were delivering newspapers in Torrance, Calif., early Thursday were shot by jittery Los Angeles police officers who mistakenly thought cop-hunting fugitive Christopher Dorner might be in their vehicle, NBCLosAngeles.com reported.

One was shot once and the other twice; both were were expected to survive. Police did not release their names.

Police detectives investigate a shooting scene involving a black Honda pickup truck in Torrance, Calif. Police opened fire on the vehicle in a case of mistaken identity while searching for former Los Angeles police officer Christopher Dorner.

The LAPD detectives were in the neighborhood to watch over a home they believed Dorner might target. Hours earlier, the fired cop had allegedly ambushed officers in two other cities, killing one of them.

Across the region, cops on high alert were on the lookout for Dorner’s dark-colored Nissan truck. In the predawn dark, they saw a blue pickup rolling through the streets with no headlights on.

It’s unclear what happened next, but LAPD Chief Charlie Beck confirmed the officers fired on the vehicle, hitting the two occupants. He said it was a tragic case of “mistaken identity.”

The second person was a young, skinny white man.

David Perdue was on his way to sneak in some surfing before work Thursday morning when police flagged him down. They asked who he was and where he was headed, then sent him on his way.

Seconds later, Perdue’s attorney said, a Torrance police cruiser slammed into his pickup and officers opened fire; none of the bullets struck Perdue.

His pickup, police later explained, matched the description of the one belonging to Christopher Jordan Dorner — the ex-cop who has evaded authorities after allegedly killing three and wounding two more. But the pickups were different makes and colors. And Perdue looks nothing like Dorner: He’s several inches shorter and about a hundred pounds lighter. And Perdue is white; Dorner is black.

“I don’t want to use the word buffoonery but it really is unbridled police lawlessness,” said Robert Sheahen, Perdue’s attorney. “These people need training and they need restraint.”

Police gave no warning to any of these folks.  They obviously didn’t look very carefully either as two petite hispanic women and a skinny white dude don’t look a bit like the suspect who is a well built,  large black man.

The women’s lawyer, Glen Jonas, told the Times LAPD not follow protocol or the rules of engagement before they decided to exercise deadly force.

‘With no warning, no command, or no instructions, LAPD opened fire on their vehicle,’ Jonas said.

‘This wasn’t even close,’ their attorney said.

‘This was two petite Latina women versus a large black man, with a different vehicle, different color. The police didn’t take the time to do the identification.  They didn’t give  the “suspect” the opportunity to surrender. So the whole thing was just mishandled, and we expect that the city will acknowledge that and go from there.’

The police have lost track of the suspect and are now offering a huge reward for information leading to the suspect’s arrest.  Given the trigger happy police and the drone, I doubt arrest is what these folks have in mind.  The most interesting thing is the shift of public opinion.   The LAPD has a PR nightmare on their hands as well as the manhunt. This is from the Christian Science Monitor

The hunt for alleged cop killer Christopher Dorner has turned into a major public relations challenge for law enforcement officials, in particular the Los Angeles Police Department working its way back from a history of corruption and abuse.

Not only have hundreds of well-trained officers equipped with military-style vehicles – including helicopters with thermal imaging devices one pilot says can pick out a rabbit in a snowstorm – been unable to find the man charged with killing three people and wounding two others on a rampage aimed at police officers and their families.

The LAPD also has been forced to reexamine the reasons for Mr. Dorner’s dismissal as a police officer in 2009 – brought about, Dorner charges in the 11-page manifesto he posted on Facebook, by racism in the department. And the LAPD is having to make amends to the two people – a middle-aged Hispanic woman and her mother delivering newspapers – wounded when police riddled their truck with gunfire. (The women’s truck was neither the make nor the color of Dorner’s pickup later found abandoned.)

A California Public TV station reports that a number of social media outlets are seeing increased expressions of support for Dorner.

America’s history is sepia-soaked with outlaws who have engendered popular support. In keeping with this difficult-to-deconstruct go dorner gophenomenon, a number of social media corners are cheering on suspected murderer Christopher Dorner while authorities are still trying to track him down.

Frankly, I find it very disturbing that the police are using more and more military style tactics.  There are now scads of articles where military tactics used in Iraq are being used in the streets of the US by police departments.  BB pointed out a few of these to me and you may want to look a them.

To counter gangs, Springfield adopts tactics from war zones

Police deployed military tactics to rescue hostage in Alabama bunker

So, there is a growing question about the usefulness of these insurgency tactics in Afghanistan, but apparently, it’s fine to use them in US cities.  This first jumped into public awareness in 2008 as John McCain suggested it was a good thing during his campaign for POTUS.

Senator John McCain has suggested adopting tactics used in Iraq to combat urban crime here at home. McCain made the comment while he spoke before the National Urban League.

Sen. John McCain: “And some of those tactics, very frankly — you mention the war in Iraq — are somewhat like that we use in the military. You go into neighborhoods, you clamp down, you provide a secure environment for the people that live there, and you make sure that the known criminals are kept under control. And you provide them with a stable environment, and then they cooperate with law enforcement.”

We’ve had our own issues down here in New Orleans with our corrupt police, our broken criminal justice system, and out of control urban shootings.  I believe this will continue to be an issue.  Here’s a related thing I just learned today  and it’s been on the ACLU’s radar since 2006. It’s just been expanded to something really frightening in a DHS Report which many lawyers believe is a direct violation of the 4th amendment.

The Department of Homeland Security’s civil rights watchdog has concluded that travelers along the nation’s borders may have their electronics seized and the contents of those devices examined for any reason whatsoever — all in the name of national security.

The DHS, which secures the nation’s border, in 2009 announced that it would conduct a “Civil Liberties Impact Assessment” of its suspicionless search-and-seizure policy pertaining to electronic devices “within 120 days.” More than three years later, the DHS office of Civil Rights and Civil Liberties published a two-page executive summary of its findings.

“We also conclude that imposing a requirement that officers have reasonable suspicion in order to conduct a border search of an electronic device would be operationally harmful without concomitant civil rights/civil liberties benefits,” the executive summary said.

The memo highlights the friction between today’s reality that electronic devices have become virtual extensions of ourselves housing everything from e-mail to instant-message chats to photos and our papers and effects — juxtaposed against the government’s stated quest for national security.

The President George W. Bush administration first announced the suspicionless, electronics search rules in 2008. The President Barack Obama administration followed up with virtually the same rules a year later. Between 2008 and 2010, 6,500 persons had their electronic devices searched along the U.S. border, according to DHS data.

So, we should really be worried about our due process and the access of police departments–all ready out of control–to sophisticated military tactics, techniques, and equipment via Homeland Security.  Meanwhile, keep your eyes on the Dorner case.  It appears to be layered with morality plays and plots from movies.


Endless Questions

It’s always difficult to report that some one young has died.  It’s even worse when the circumstances of death seem beyond explanation as always aaron swartzseems to be the case with suicides.  The story of online activist Aaron Swartz is filled with glimpses into a brilliant mind, a passionate advocate for access to knowledge, a search for justice against suppression and censorship and our government who seem intent on prosecuting the wrong people these days for the wrong reasons.

Aaron Swartz, the Internet political activist who co-wrote the initial specification for RSS, has committed suicide, a relative told CNN Saturday. He was 26.

“Great minds carry heavy burdens,” wrote one user on Reddit, a popular social media website that Swartz helped develop and popularize following a merger in 2006.

Swartz also co-founded Demand Progress, a political action group that campaigns against Internet censorship.

A young prodigy, his passion pushed limits and landed him in legal troubles in recent years.

In 2011, he was arrested in Boston for alleged computer fraud and illegally obtaining documents from protected computers. He was later indicted from an incident in which he allegedly stole millions of online documents from the Massachusetts Institute of Technology. He pleaded not guilty in September, according to MIT’s “The Tech” newspaper.

Yes.  Swartz helped develop Reddit and RSS feed.  He will now be best known as a victim of  government prosecution overkill.  It’s an odd story in the endless one where big businesses and government work hard to make sure that anything slightly worth knowing must be associated with some one’s exorbitant profit and a form of ownership.

Congress passed the Computer Fraud and Abuse Act (CFAA) in 1986 to deal with the then-new problem of malicious computer hacking. Because the law was passed when the Internet was still in its infancy, the exact scope of its provisions remains murky today. For example, there have been cases of employers suing employees under the CFAA for using their employer-provided credentials to access information on the corporate intranet that wasn’t intended for them.

In 2008, the government prosecuted a woman under the CFAA after her “cyber-bullying” of a teenager contributed to her suicide. The government argued that the woman’s actions violated the MySpace user agreement, and therefore constituted unauthorized access to MySpace servers. The woman was convicted, but her conviction was later thrown out by an appeals court.

The government seems to be making a similar argument in the Swartz case. It says he violated the CFAA when he “intentionally accessed computers belonging to MIT and JSTOR without authorization, and thereby obtained from protected computers information whose value exceeded $5,000—namely, digitized journal articles from JSTOR’s archive.” By breaking Swartz’s actions up into five different date ranges and charging him under two different sections of the CFAA for each, the government has ginned up a total of 10 counts, each of which is theoretically punishable by five years in prison. For good measure, they also charged Swartz with one count of “recklessly damaging” a computer under the CFAA and two counts of wire fraud.

It’s a stretch to say that Swartz gained unauthorized access to JSTOR’s servers. Initially, he did have authorization to access both the network and the JSTOR website. But according to the indictment, “each user must agree and acknowledge that they cannot download or export contents from JSTOR’s computer servers with automated computer programs such as Web robots, spiders, or scrapers.” The government seems to believe that once Swartz ran afoul of this contractual requirement, he became an unauthorized user and therefore a felon under the CFAA.

But treating the violation of such use restrictions, or the evasion of efforts to enforce them, as a felony is overkill. Automated crawling of websites is an extremely common activity that can have social benefits. While crawling a public (or, in the case of JSTOR semi-public) website against the wishes of its owner is generally bad manners, it’s hardly comparable to hacking into someone’s computer to access private information.

Websites have been known to use their terms of use for anti-competitive purposes.

I have a major soft spot for hacktivists like Swartz.   Not only is it a matter of being awed by their brilliance, but by what appears to be an ethos 250px-Aaron_Swartz_profilebased on just getting knowledge for the sake of knowledge.  There’s a basic underlying democratic principle in the idea that human knowledge belongs to all of us.  Evidently, JSTOR must’ve agreed with him.

Swartz’s subsequent struggle for money to offset legal fees to fight the Department of Justice and stay afloat was no secret.

After the September charges came down, the wife of Creative Commons founder Larry Lessig – social justice lawyer Bettina Neuefeind – established and organized the site free.aaronsw.com to raise money for his defense.

Demand Progress – itself an organization focused on online campaigns dedicated to fighting for civil liberties, civil rights, and progressive government reform - compared The Justice Department’s indictment of Swartz to “trying to put someone in jail for allegedly checking too many books out of the library.”

Swartz’s suicide came two days after JSTOR announced it is releasing “more than 4.5 million articles” to the public.

So, this isn’t the most political or strategic post we’ve ever put on the blog.  Aaron’s passing isn’t one of those newsy obits that will get played at the end of the year in some tribute gala.  I think, however, we need to notice his tragic death, his brilliant short, life and his commitment to an open internet with accessible content.  His story is really one about our freedom to know which is really the final frontier of our humanity.