President Obama’s executive action on immigration tops the news today. Ferguson is a close second. I’ll be focusing mostly on those two stories in this post.
Immigration
Before I get started, I want to point you to a new post by Darren Hutchinson of Dissenting Justice. It will give you some reality-based ammunition to deal with crazy wingnut friends, relatives, and Facebook and Twitter followers.
FACT: Consistent with the Constitution, the INA gives the Executive Branch (President, Homeland Security, Attorney General, and Secretary of State) the power to enforce immigration laws (8 U.S.C. Sect. 1103-1104)….
FACT: The Executive Can “Cancel” the Removal of Certain Deportable Individuals.
The INA allows the Attorney General to cancel removal (deportation) or adjust the status of certain categories of undocumented individuals. The statute explicitly spells out the criteria for doing so. Thus, the statute provides an “intelligible criteria” for the Attorney General to follow. (8 U.S.C. Section 1229b(a)-(b))….
The Executive Can Give Temporary Protected Status to Certain Deportable Individuals. The INA also allows the Attorney General to grant “Temporary Protected Status” (TPS) to deportable individuals from certain countries that the Attorney General has placed on a TPS list. As required by Supreme Court doctrine, the INA gives SPECIFIC guidelines – or an intelligible principle – for the Attorney General to follow when determining whether to give TPS designation to a country. The statutory factors include serious conditions in the individual’s home country, like armed conflict; natural disasters; a request for temporary protected status by the country; or “extraordinary and temporary conditions” that preclude the safe return of the individual, so long as TPS does not conflict with the interests of the US. (8 U.S.C. Sections 1254a-i)
Those are the highlights. There’s more at the link. I plan to save Hutchinson’s post for future reference. I’m thinking of printing it out in case I get in a political argument with my brother over Thanksgiving dinner.
Obama has been vilified from day one by people who obviously have never read the Constitution or any U.S. laws dealing with their various political hobby horses, and I’m sick and tired of it.
You all know I not a fan of Obama when he ran for president in 2008, and I still think he’s a conservative technocrat who is far to willing to support privatization of public services. But he is the President of the United States now. I support his efforts to reform immigration laws. He’s only taking executive action because Congress is full of stupid and irrational people who are too lazy or stubborn to cooperate with him. Sadly, the DC media is largely made up of wealthy, privileged people who got their jobs because through nepotism and/or because they attended elite universities and are too lazy or stupid to provide accurate information to the public. Therefore, people who don’t focus on politics like we do get false information from TV news or “journalists” who do not understand what journalism is.
The president’s executive action would delay deportation for the undocumented mother of a child born in the U.S. on Thursday — but not an undocumented mother who gave birth here one day later. Similarly, the president has offered deferrals to children brought to this country by their parents before their 16th birthday — but not a few weeks after.
Such deadlines serve a purpose: They’re meant to discourage new immigrants from coming in the future, or to dissuade women already here from giving birth with the goal of securing deferrals. But they also show that the president’s action falls far short of a comprehensive solution. It offers, instead, a fragmented answer that will leave many immigrants disappointed.
Now that President Obama has announced his executive action to temporarily shield millions from deportation, confirming the administration’s view that this move is well within his authority, the battle now shifts to a political fight over the policy itself, and over whether it violates “political norms.” Is this action so provocative an affront to Congress that it sets a precedent for future GOP presidents to use discretion to selectively enforce laws liberals like?
Obama’s action temporarily shields from deportation the parents of children who are U.S. citizens and legal residents, and also expands the program (Deferred Action for Childhood Arrivals) to protect people brought here illegally as children. But it excludes parents of DACA recipients.
The reason for this offered by the OLC memo is that protecting parents of legal residents is in line with Congressional intent, as expressed in statute, while protecting DACA parents isn’t:
[T]he parents of DACA recipients are differently situated from the parents of U.S. citizens and LPRs [Legal Permanent Residents] under the family-related provisions of the immigration law. Many provisions of the INA [Immigration and Nationality Act] reflect Congress’ general concern about separating individuals who are legally entitled to live in the United States and their immediate family members….But the immigration laws do not express comparable concern for uniting persons who lack lawful status (or prospective lawful status in the United States with their families…Extending deferred action to the parents of DACA recipients would therefore expand family-based immigration relief in a manner that deviates in important respects from the immigration system Congress has enacted.
This legal opinion probably precludes any future expansion of this program to cover parents of DACA recipients. And it underscores two things: First, that the proposal is heavily focused on providing relief from humanitarian hardship endured by U.S. citizens and permanent residents, a longtime intention of Congress, as expressed in statute. Second, it shows that the proposal’s legal rationale is tightly circumscribed to reflect that Congressional intent.
I can’t stop thinking about the events in Ferguson, Missouri, and flashing back to similar iconic events in the 1960s. How far have we really come since the days of the Civil Rights Movement? Clearly, racism is alive and well in 2014, particularly in police departments around the country–and not just in the South. Will the disease of racism ever be wiped out in this country, or can we only hope to control it through great effort–with laws, education, organizing, and public demonstrations?
Ferguson citizens were forced to live through another night of chaos last night, and I’m convinced at this point that deliberate police actions are making things much worse. The man in charge, Captain Ron Johnson of the Missouri State Police is clearly being used as a pawn. He was set up to fail, and at this point he is simply putting a friendly face on an ugly show of force intended to intimidate protesters and media alike. And he’s lying to make excuses for what has basically become a nightly police riot. I’ve been watching the live feed from Ferguson night after night, and I have yet to see any evidence of protesters throwing Molotov cocktails or attacking police (UPDATE: Dakinikat says there is one in the NYT video at this link.
Perhaps we’d know more about what is happening on the ground if new helicopters could fly over Ferguson, but police have ordered them not to, saying that only police helicopter can do so. Reporters and news photographers have been arrested and threatened with being maced or shot. Yesterday, as everyone here knows, police in St. Louis arrested 90-year-old Holocaust survivor Hedy Epstein. From The Independent UK:
Hedy Epstein, a 90-year-old survivor of the Holocaust, was reportedly among those arrested during protests in downtown St Louis as tensions flared over the death of black teenager Michael Brown in Ferguson.
Eight protesters were arrested for “failure to disperse” on Monday after marching from the Kiener Plaza to the Wainwright building where Governor Jay Nixon has an office, St Louis police confirmed on Twitter.
Ms Epstein was pictured being led away in handcuffs during demonstrations against the National Guard’s presence on the streets where clashes between protesters and authorities have been the most severe.
Ms Epstein, a resident of St Louis, is a political activist and speaker widely known for her vocal support of the Free Gaza Movement.
“I’ve been doing this since I was a teenager. I didn’t think I would have to do it when I was ninety,” Ms Epstein told The Nation as she was led away by police. “We need to stand up today so that people won’t have to do this when they’re 90.”
But I want to return to the subject of racism and dishonesty in the Ferguson Police Department. I think most people who have been paying attention to this story will agree that the Ferguson cops cannot be trusted at this point. Some history, from Michael Daly at The Daily Beast: Missouri Cops’ License to Kill.
The death of 18-year-old Michael Brown is not the first time an officer supervised by Ferguson Police Chief Tom Jackson has killed an unarmed man….
Back in 2000, two unarmed young men were shot and killed in a Jack in the Box parking lot in the suburban town of Berkeley adjacent to Ferguson by a pair of officers assigned to a county-wide drug task force where Jackson was deputy commander.
Early reports suggested that a vehicle occupied by Earl Murray and Ronald Beasley moved toward Officers Robert Piekutowski and Keith Kierzkowski, causing them to fear being pinned against another car.
Jackson, then a lieutenant with the St. Louis County Police, told reporters, “I am convinced that the officers were in fear of their lives, that they were in immediate danger.” ….
Subsequently, investigators decided that the car occupied by the two men had not in fact begun to move in their direction when the fatal shots were fired. The officers insisted they were in fear for their lives nonetheless, essentially arguing that the car was itself a deadly weapon pointed their way. That was enough for the shooting to be ruled justified under Missouri state law. The cops were not indicted.
Read more about it at the link. It’s high time Jackson was removed as Ferguson Police Chief.
Michael Brown, 23, of Troy, Mo., who was shot and killed along with a friend in October 2005.
Authorities said that Lincoln County sheriff’s Deputy Nic Forler fired through the back window of a pickup, killing Brown and the driver, Tyler Teasley, 22. No one in the truck was armed.
Police said Forler tried to stop Teasley’s truck for speeding but was led on a short chase. When the truck finally stopped, Forler pulled behind it, got out of his patrol car and stood between the vehicles.
Witnesses said Teasley was “freaking out” because he had been drinking, there was alcohol in the car and several passengers were under 21. In his panic, they said, Teasley left the truck in neutral. As the truck rolled backward, Forler fired the fatal shots that struck both victims in the head.
Family and friends demonstrated regularly outside the sheriff’s office. Forler was dismissed from the force and charged with involuntary manslaughter.
In a trial in 2007, moved to Boone County because of the controversy caused in Lincoln County, Forler testified that he believed Teasley was trying to run him over, and he feared for his life. The jury took only three hours to find Forler not guilty.
Read the Post-Dispatch article to learn about two more such incidents in Missouri.
Now let’s take a look at the case that Ferguson Chief Jackson has been building in order to blame Michael Brown for his own death. According to Jackson, Brown committed a “strong-arm robbery” at a gas station convenience store shortly before he was accosted by Officer Darren Wilson, who shot and killed the unarmed teenager. But did that really happen? I don’t think so.
I can’t prove it, but I think what may have happened is that police took surveillance videos from a number of locations and just happened to find the video of Brown in buying cigars. A Ferguson resident on Twitter told me yesterday that the store owners are saying the Ferguson police didn’t pick up the store video until last Friday, not too long before Jackson gave his press conference. And the St. Louis News confirms the tweeter was right.
The owner[s] of the store dispute the claim that they or an employee called 911, saying a customer inside the store made the call. They also say St. Louis County issues the warrants for the hard drive of surveillance video Friday.
When asked how Ferguson police ended up with the video that the Ferguson police chief issued Friday morning. The attorney said during the course of Ferguson’s investigation they came to the store and asked to review the tape. But it wasn’t until Friday that St. Louis County investigators issued a warrant for the video many of you have already seen.
Therefore, there is no way that Darren Wilson could have known anything about the “robbery” or that Michael Brown was a suspect.
Civil Rights Line, Janie McGee
A couple of days ago, Joy Reid of The Grio and MSNBC posted on Twitter that the store video appeared to show that Brown had actually paid for the cigars he took from the store.
Then last night Crooks and Liars put up a detailed post about it, Ferguson Cops Busted? New Video Seems To Show Brown Paying For Cigarillos (Video), by John Prager. Crooks and Liars doesn’t allow copy and paste anymore, so you’ll need to go to the link to read the article, but Prager it looks like Brown buys some cigarillos, then tries to by more, but doesn’t have enough money and so replaces them. Brown did reach across the counter, and that may be why the clerk tried to confront him.
Will the Ferguson police get away with murder once again? I think it’s likely unless the DOJ finds that the shooting of Michael Brown is a Civil Rights case. U.S. News today posted an article quoting attorneys who have defended police shooters, Police Attorneys: Brown Head Wounds Not Fatal to Officer’s Defense.
Pathologists said they found a bullet wound at the apex of the 6-foot-4 Brown’s head and what appeared to be a bullet entry above his right eye that continued downward into his jaw and then shoulder. The wounds appear to show Brown was not standing upright at the time he was shot.
“Just because he was shot somewhere near the top of his head, I don’t think that’s indicative of anything at this point,” says New Orleans attorney Eric Hessler, who defended officers involved in the 2005 post-Hurricane Katrina shooting deaths of two people on the Danziger Bridge and another person outside a convention center.
“There are scenarios that I can envision where a police officer would be justified in using deadly force in that situation,” Hessler says of the Brown case. “It depends on what the individual was doing while he was shot.”
Several officers were convicted of crimes in the post-Katrina cases, but the bridge shooting verdicts were vacated and the case is not resolved.
Attorney James Culleton, who defended New York City police officers who shot and killed unarmed black men Amadou Diallo in 1999 and Sean Bell in 2006, agrees with Hessler that the bullet trajectory isn’t necessarily game-changing.
“If the person is facing you, he’s charging at you, he could have put down his head,” Culleton says. “His head could have just slumped like he was falling forward. It doesn’t mean it’s devastating [evidence].”
We’ll have to wait and see. For now, it’s high time for Chief Jackson to be fired and for Darren Wilson to be arrested. This murderer is still receiving his salary!
I’ll end with some recent headlines about Ferguson.
We’re heading into a heat wave here in the Boston area. It’s supposed to be hot and humid for the next few days with temps in the high 80s or low 90s. It will be a shock to my system, since it has been rather chilly here recently.
I’m going to focus on the ongoing Boston bombing story again, but you can treat this as a regular morning reads post/open thread. Don’t feel you have to comment on this topic. I haven’t paid much attention to other news for a few days, so I hope you’ll update me on the latest news in the comment thread!
A week ago, I wrote a post about the death of Ibragim Todashev, who was shot and killed in an apartment in Orlando, FL by an FBI agent from Boston in the early hours of Wednesday May 22. Todashev was being questioned by representatives of the FBI, the Massachusetts State Police, and “other law enforcement personnel” about his relationship with deceased Boston bombing suspect Tamerlan Tsarnaev and possible connections to an unsolved 2011 triple murder in Waltham, Massachusetts. Todashev had reportedly been questioned for hours on Tuesday and was shot shortly after midnight. The FBI had been following him for about a month, calling him daily and questioning him on several different occasions.
At the time I wrote that post, there was a great deal of confusion about the circumstances of the shooting and that confusion has only increased during the past week. At first, anonymous law enforcement sources claimed Todashev had been killed after he attacked the agent with a knife. By he next day sources were walking back that claim, some saying Todashev had something in his hand but it wasn’t a knife, others suggesting it was a pipe or something similar.
I’ve been following this story closely, and I’ve never seen anything like it. Presumably, the events in question were fairly straightforward. A man was shot dead with at least four–perhaps more–law enforcement officers present. How hard would it be to figure out if the dead man had a knife in his hand or not? Something was obviously not right.
During the past week, the reported details of the Todashev shooting have continued to change. On May 25, the Boston Globe offered a new version of events, again based on anonymous sources.
An FBI agent from the bureau’s Boston office fired the shot, or shots, that killed a friend of Boston Marathon bombing suspect Tamerlan Tsarnaev early Wednesday morning during an interview about an unsolved Waltham homicide, say officials briefed on the investigation.
Ibragim Todashev, a 27-year-old mixed martial arts fighter formerly from Allston and Cambridge, was shot in the kitchen of his apartment after overturning a table and attacking the agent with a blade, the officials said. The Globe has reported that the shooting came after Todashev had implicated himself in a grisly 2011 triple homicide in Waltham. Tamerlan Tsarnaev was friendly with one of the Waltham victims, and authorities suspect he may also have taken part in the slayings.
Two law enforcement officials said that the Boston FBI agent felt he was in grave danger when Todashev attacked him and that he fired in self-defense.
“This was a tough guy; he was a dangerous individual,” one law enforcement official said, speaking of Todashev. The official asked not to be named because the official was not authorized to discuss the case.
Okay, but with at least four trained law enforcement officers present, why was it necessary to kill a potentially valuable witness? Is it really credible that they couldn’t control one not very large (about 5’8″) man?
Yesterday morning there was another version. In this one, first reported by Fox Boston, Todashev not only knocked over a table, but also slammed the FBI agent’s head into a wall and attacked him with a sword. Yes, a sword. As in previous stories, the claim was that Todashev had been about to sign a confession about his involvement in the Waltham murders when things got out of control.
During the interview, investigators took notes and everything appeared to be going well. Eventually, Todashev was asked to write down, in his own handwriting and in his own words, what he had been telling authorities about his role in the murders when in the words of one source – all hell broke loose.
Todashev allegedly began writing, but then flipped a table over, knocking the Boston FBI agent into the wall hitting his head.
FOX 25’s Bob Ward was told the agent looked up to see Todashev waving in his direction what was described as a Banzai ceremonial sword.
Fearing for his life, the FBI agent drew his weapon and fatally shot Todashev. The entire incident taking only seconds.
During the course of the day, the story continued to change as more anonymous “sources” weighed in. WESH Orlando’s “sources” told a slight different tale than Fox Boston’s.
Sources said Todashev might have been lunging toward a sword, but he was not in possession of it.
Law enforcement officials said Todashev was in the process of confessing to a 2011 triple murder in Waltham, Mass., and was working on writing out the details of the crime when he snapped and turned violent.
Officials said Todashev pushed a table and possibly threw a chair.
Sources said a sword was inside the apartment, but the weapon was moved to the corner of the room before questioning began. Law enforcement said when Todashev lunged, the FBI agent believed he could have possibly been going for his gun or the sword in the room, and that’s when the agent opened fire.
Because of course the best law enforcement technique is to move any sharp objects to the corner of the room before questioning a suspect? WTF?!
Finally, last night several news outlets–among them The Washington Post–reported that Todashev had been unarmed when he was shot.
One law enforcement official, speaking on the condition of anonymity to discuss an ongoing investigation, said Wednesday that Todashev lunged at the agent and overturned a table. But the official said Todashev did not have a gun or a knife. A second official also said Todashev was unarmed.
An official said that according to one account of the shooting, the other law enforcement officials had just stepped out of the room, leaving the FBI agent alone with Todashev, when the confrontation occurred.
The shooting followed hours of questioning by the law enforcement officials that had begun the night before.
And exactly why did the other officers “step out of the room?” The source doesn’t say.
This story is becoming just plain ridiculous, and as Emptywheel wrote yesterday, it makes the FBI look just plain stupid. Last night on twitter, someone compared it to the old “Get Smart” recurring bit, “Would you believe…”
@BostonBoomer Not to be flip, but it reminds me of Get Smart: “Would you believe a knife? No? Then, would you believe a sword?”@LibertyLynx
But as ridiculous as this story seems, we need to understand that something like this could happen to any one of us. A man was killed in an apartment with multiple law enforcement officers present, and after more than a week, we still don’t know for sure what happened.
At 7PM yesterday, the Florida chapter of the Council on Islamic-American Relations (CAIR) held a press conference with Todashev’s wife, her mother, and a close friend of Todashev’s in attendance and called for the Department of Justice to initiate a civil rights investigation of the shooting.
[T]he Tampa director of that group said not only was 27-year-old Ibragim Todashev unarmed when he was shot by the agent May 22, he was hit seven times, including once in the head….the Council on American-Islamic Relations’ Florida chapter on Wednesday cited unnamed sources within the FBI as saying Todashev was not armed at the time of the shooting.
“We did confirm today with sources within the FBI that he was unarmed,” CAIR-Tampa Executive Director Hassan Shibly told the Orlando Sentinel on Wednesday afternoon. Later, Shibly told reporters that CAIR has an “intermediary” who said the FBI told him Todashev was unarmed. Shibly did not identify the intermediary.
At a news conference Wednesday evening, Shibly showed what he said were photos of Todashev’s body after the shooting. The photos were taken at an Orlando funeral home after the Orange-Osceola County Medical Examiner’s office released the body to Todashev’s next of kin, he said.
The photographer was Khusen Taramov — a friend of Todashev’s who lives in Kissimmee — and photos show at least a dozen wounds, although some may have been exit wounds, Shibly said.
In addition, Todashev’s widow Reniya Manukyan claimed that she has evidence to show that her husband could not have committed the murders in Waltham in September 2011.
Todashev’s widow said Wednesday that she has records proving her husband was with her in Atlanta on Sept. 11, 2011, so he could not have been in Massachusetts on the day of the triple killing. Manukyan was married to Todashev for about three years, she said.
In another interaction on Twitter last night Boston Globe reporter Wesley Lowery told me he wasn’t ready to accept the latest version of events until he can independently confirm it from official sources. His reporting on the Boston bombing generally and the Todashev story specifically has been very good, and I’ll be watching to see what he finds out.
Once again, I’ve used up most of my space on a Boston bombing story, but I still have room for a few more quick links, with an emphasis on law enforcement and civil liberties.
Rob Fischer at The New Yorker: Watching the Detectives–a piece about “Floyd v. Floyd v. City of New York, a landmark challenge to the New York Police Department’s stop-and-frisk policies.”
I have a nasty cold, so if I don’t make a lot of sense this morning, please try to make allowances. I just hope I don’t get the flu. Mayor Menino declared a public health emergency in Boston yesterday because there have been 700 confirmed cases of flu in the city. This morning The Daily Beast reports that there is a “major influenza epidemic taking hold across the country.”
New York City and much of the U.S. are a week or two into a major influenza epidemic. Boston declared a public-health emergency Wednesday after reporting four deaths, and North Carolina is seeing its biggest number of cases in a decade. To place the problem into graphic, corporate terms, the charts sent around to compare this year’s activity against that of other years have required re-scaling to accommodate the scary red line going up and up.
Public health officials are telling people it’s not too late to get a flu shot, but according to this article, this year’s vaccine may not be working so well.
One alarming possibility is that this year’s vaccine against influenza is not well-matched to the current disease-causing strains. This exposes a significant problem in the modus operandi of influenza vaccine production—it’s mired in techniques and approaches developed before World War II; in fact soldiers from that war were among the first to get this brand of vaccine. Here’s how it works: each year, around February, world experts select from a menu of dozens just three influenza strains—two of flu A andone of flu B—to place into the coming season’s vaccine. More than three would require a shot with too large a volume and might blunt the body’s immune response. Once selected, the three viruses are grown painstakingly, on hen’s eggs (what year is this?) then, after a big enough crop has been raised, the virus is killed and stabilized and sent around for injections—all on the hope that the experts guessed right.
To date, the Centers for Disease Control and Prevention has found strong agreement between the vaccine strains and the current clinical strains, suggesting the vaccine ought to work just fine. But some clinicians have their doubts. This much activity, is the thinking, can only be due to extremely limited protection from vaccine. For some, it feels like 2009 all over again, when the novel flu strain, so-called because it had never previously been seen in people or animals, appeared. That was the year that spring-break revelers from Queens who had gone south of the border brought back an altogether new strain. Because of its novelty, no vaccine was active against it (at least at the start), so we saw the unchecked spread of influenza zipping across the country in no time flat.
So is that happening again? We won’t know until there is more testing of this year’s strains.
In an Oval Office meeting on Dec. 29, 11 of President Obama’s top advisers stood before him discussing the heated fiscal negotiations. The 10 visible in a White House photo are men.
In the days since, Mr. Obama has put together a national security team dominated by men, with Senator John Kerry of Massachusetts nominated to succeed Hillary Rodham Clinton as the secretary of state, Chuck Hagel chosen to be the defense secretary and John O. Brennan nominated as the director of the Central Intelligence Agency. Given the leading contenders for other top jobs, including chief of staff and Treasury secretary, Mr. Obama’s inner circle will continue to be dominated by men well into his second term.
From the White House down the ranks, the Obama administration has compiled a broad appointment record that has significantly exceeded the Bush administration in appointing women but has done no better than the Clinton administration, according to an analysis of personnel data by The New York Times. About 43 percent of Mr. Obama’s appointees have been women, about the same proportion as in the Clinton administration, but up from the roughly one-third appointed by George W. Bush.
The skew was widespread: male appointees under Mr. Obama outnumbered female appointees at 11 of the 15 federal departments, for instance. In some cases, the skew was also deep. At the Departments of Justice, Defense, Veterans Affairs and Energy, male appointees outnumbered female appointees by about two to one.
Diversity in any sense is something that doesn’t really happen unless you try, and if the Obama administration is trying with its top-level appointments, other priorities have clearly trumped it. This doesn’t have to be because of a conspiracy: A lifetime of seeing almost exclusively white men as authority figures has a way of perpetuating itself, and without much self-examination or effort, people tend to go with a certain comfortable framework. (This is true despite the president being a black man; as anyone who has worked for a woman or a person of color who was the first to stake out a spot on hostile turf can tell you, racism and sexism aren’t exclusively white male phenomena.) But it’s still a problem that needs to be talked about, over and over again, until something changes.
Carmon concludes her post with some excellent questions:
…leadership matters, and here we are with this top-level lineup of too-familiar faces. Hillary Clinton is gone, and we don’t have Sheila Bair, Michele Flournoy or Susan Rice (a pretty good selection given that “pipeline problem”) and another white man is expected to succeed Jack Lew as chief of staff should be become the treasury secretary. The numbers look even worse now that Hilda Solis, a Latina woman, has resigned as secretary of labor.
So here are some follow-up questions: Will John Kerry carry on the legacy of Hillary Clinton in encouraging female leadership and entrepreneurship around the world? Will Chuck Hagel, if confirmed as secretary of defense, fully and fairly implement the progressive changes in the military the administration supports, including the partial expansion of abortion access for service-members and dependents, despite his past opposition? How independent will Lew be from the Wall Street boys’ club’s values and logic? And how will the administration do better on this stuff next time, if it does indeed care about it?
The Presidential Inauguration Committee announced Tuesday that the President Obama has selected Pastor Louie Giglio of the Georgia-based Passion City Church to deliver the benediction for his second inauguration. In a mid-1990s sermon identified as Giglio’s, available online on a Christian training Web site, he preached rabidly anti-LGBT views. The 54-minute sermon, entitled “In Search of a Standard – Christian Response to Homosexuality,” advocates for dangerous “ex-gay” therapy for gay and lesbian people, references a biblical passage often interpreted to require gay people be executed, and impels Christians to “firmly respond to the aggressive agenda” and prevent the “homosexual lifestyle” from becoming accepted in society.
Read quotes from Giglio’s sermon at the Alternet link.
The White House on Wednesday was refusing to address comments critical of gay and lesbian people made by Rev. Louie Giglio, who was tapped by President Barack Obama to deliver the benediction prayer at the Jan. 21 inaugural ceremony….
The inaugural invitation is not Giglio’s first interaction with Obama. He also was one of the president’s guests at the White House’s 2012 Easter prayer breakfast, according to the White House pool report from the April 4, 2012 event.
This past November, Giglio served as the convocation speaker at the Jerry Falwell-founded Liberty University. Although he did not address homosexuality in the speech, he did strongly urge visiting high-school students to attend the college known for its strict policies against homosexual behavior and spoke about the positive influence Falwell has had on his life.
While Giglio did not talk about gay issues directly, he did reference gender roles in a striking way, speaking of a time he started crying very hard. He explained, “I started bawling, I mean, sobbing. Not crying like men cry. I started crying like women cry.” Continuing, he explained what he called the unwritten rules for men who cry, telling the students, “A man never looks at another man that’s crying. That’s the rule.”
Despite the deep unpopularity of fetal personhood bills in 2012, Rep. Paul Ryan (R-Wis.) has again decided to cosponsor the Sanctity of Human Life Act, a bill that gives full legal rights to human zygotes from the moment of fertilization.
Ryan, who reportedly has 2016 presidential ambitions, had to de-emphasize his opposition to abortion without exceptions during the 2012 election to align his position with presidential candidate Mitt Romney. But this year, Ryan has been tapped as a keynote speaker for the anti-abortion group Susan B. Anthony List’s sixth annual Campaign for Life Gala, and he is re-upping his support for the most extreme anti-abortion legislation in the country.
The personhood bill, first introduced in 2011 by Rep. Paul Broun (R-Ga.) and reintroduced by Broun last week, specifies that a “one-celled human embryo,” even before it implants in the uterus to create a pregnancy, should be granted “all the legal and constitutional attributes and privileges of personhood.” Similar legislation has been rejected by voters in multiple states, including the socially conservative Mississippi, because legal experts have pointed out that it could outlaw some forms of birth control and in vitro fertilization as well as criminalize abortion at all stages.
Broun said in a statement that a zygote’s right to life should be “defended vigorously and at all costs.”
“As a physician, I know that human life begins with fertilization, and I remain committed to ending abortion in all stages of pregnancy,” he said. “I will continue to fight this atrocity on behalf of the unborn, and I hope my colleagues will support me in doing so.”
The tool outlines State obligations under international and regional human rights law on a range of reproductive rights issues—freedom from discrimination, contraceptive information and services, safe pregnancy and childbirth, abortion and post-abortion care, comprehensive sexuality education, freedom from violence against women, and HIV/AIDS. The tool then identifies key questions that human rights experts, monitoring bodies, and civil society can use to assess to what extent a State is in compliance with its obligations.
I want to end with something more positive from Emily Esfahani-Smith at The Atlantic about the differences between the pursuit of happiness and the search for meaning: There’s More to Life Than Being Happy. It’s about Victor Frankl, author of Man’s Search for Meaning. I highly recommend it.
Yesterday I read an interesting essay by William Black over at New Economic Perspectives. In the essay, Black, who headed the forensic audit team during the S&L crisis, pulls forward the Broken Window Theory, a criminological model based on a simple and some have said simplistic idea. The theory was introduced by James Q. Wilson and received a fair amount of popularity during the 1990s, particularly in conservative circles.
Readers might remember Rudy Giuliani’s ‘war against graffiti,’ his zero-tolerance campaign in NYC. That effort, the elimination of the squeegee men and the crack down on street prostitution among other things were based on the broken window philosophy, which uses an abandoned building metaphor.
Imagine a building in any neighborhood [although Wilson focused exclusively on what he termed ‘blue-collar crime.’] The first broken window of our abandoned building if left unrepaired sends a clear message to antisocial types: no one cares about this building. So, it’s open season on all the other windows, on anything of value that’s been left behind. If the owner doesn’t care about the integrity of the building then the street tough is encouraged to vandalize and take whatever’s not nailed down.
The attitude feeds on itself or so the theory goes. Honest citizens are less likely to confront the petty thief, which only encourages others to act out in destructive, antisocial ways. Honest citizens begin to feel overwhelmed and outnumbered and stop safeguarding their own neighborhoods. What’s the point? they say. No one cares. Communities begin to self-destruct.
Now whether you buy into this crime theory or not, I think the metaphor holds when you consider what we’ve been witnessing in the degradation of our financial markets, our legal system, even the refusal to admit that ‘there’s trouble in River City.’
As Professor Black points out, if we were to take Wilson’s theory and apply it to the explosion of ‘white collar crime’ within our financial system, it would be a major step in restoring the integrity of our system and bolstering peer pressure against misconduct. As it stands now, Wall Street movers and shakers and their DC handmaidens have implemented business-as-usual policies that reward the thief and punish the whistleblower. As Black points out in the essay:
We have adopted executive and professional compensation systems that are exceptionally criminogenic. We have excused and ignored the endemic “earnings management” that is the inherent result of these compensation policies and the inherent degradation of professionalism that results from allowing CEOs to create a Gresham’s dynamic among appraisers, auditors, credit rating agencies, and stock analysts. The intellectual father of modern executive compensation, Michael Jensen, now warns about his Frankenstein creation. He argues that one of our problems is dishonesty about the results. Surveys indicate that the great bulk of CFOs claim that it is essential to manipulate earnings. Jensen explains that the manipulation inherently reduces shareholder value and insists that it be called “lying.” I have seen Mary Jo White, the former U.S. Attorney for the Southern District of New York, who now defends senior managers, lecture that there is “good” “earnings management.”
My husband had some unsettling experience in this area. Early in his career, he worked as a CPA [the two companies will remain nameless]. But in each case, he was ‘asked’ to clean up the numbers, make them look better than they were. He refused and found himself on the street, looking for employment elsewhere. I remember him saying at the time, ‘Look, I’m a numbers guy. I’ve never been good at fiction writing.’ This was back in the late 70s early 80s, so this attitude has been a long time in the making. Now, we’re seeing accounting fraud that is literally off the charts. Is it any wonder the country’s financial system is on life support?
We can see the destructive results of this careless, corrupt posturing all around us. Professor Black continued:
Fiduciary duties are critical means of preventing broken windows from occurring and making it likely that any broken windows in corporate governance will soon be remedied, yet we have steadily weakened fiduciary duties. For example, Delaware now allows the elimination of the fiduciary duty of care as long as the shareholders approve. Court decisions have increasingly weakened the fiduciary duties of loyalty and care. The Chamber of Commerce’s most recent priorities have been to weaken Sarbanes-Oxley and the Foreign Corrupt Practices Act. We have made it exceptionally difficult for shareholders who are victims of securities fraud to bring civil suits against the officers and entities that led or aided and abetted the securities fraud. The Private Securities Litigation Reform Act of 1995 (PSLRA) has achieved its true intended purpose – making it exceptionally difficult for shareholders who are the victims of securities fraud to bring even the most meritorious securities fraud action.
Reading this, I immediately sensed we could apply the metaphor just as easily to our legal predicament. Dak wrote to this yesterday—about the disheartening disrepair of our justice system, which was badly wounded during the Bush/Cheney years with the help of eager lawyers like John Yoo, stretching, reinterpreting, rewriting the parameters on the subjects of torture, indefinite detention, rendition, etc.
Not to be outdone, Eric Holder stood before Northwestern University’s Law School the other day and with the same twisted logic, explained away due process, otherwise known as ‘how to justify assassination.’ In this case, American citizens, those the President deems are a threat to the Nation, can be killed on native ground or foreign soil. Jonathon Turley, law professor at George Washington University and frequent legal commentator in the media, headed a recent blog post as follows: Holder Promises to Kill Citizens with Care.
Sorry, this does not make me feel better. What it does make me think is lawlessness simply breeds more lawlessness. The Broken Window theory writ large. As Turley explained:
The choice of a law school was a curious place for discussion of authoritarian powers. Obama has replaced the constitutional protections afforded to citizens with a “trust me” pledge that Holder repeated yesterday at Northwestern. The good news is that Holder promised not to hunt citizens for sport.
Holder proclaimed that “The president may use force abroad against a senior operational leader of a foreign terrorist organization with which the United States is at war — even if that individual happens to be a U.S. citizen.” The use of the word “abroad” is interesting since senior Administration officials have asserted that the President may kill an American anywhere and anytime, including the United States. Holder’s speech does not materially limit that claimed authority. He merely assures citizens that Obama will only kill those of us he finds abroad and a significant threat. Notably, Holder added “Our legal authority is not limited to the battlefields in Afghanistan.”
Turley went on to comment that Holder was vague, to say the least, when it came to the use of these ‘new’ governmental/executive powers, claiming that the powers-that-be will only kill citizens when:
“the consent of the nation involved or after a determination that the nation is unable or unwilling to deal effectively with a threat to the United States.”
And as far as ‘due process?” Holder declared that:
“a careful and thorough executive branch review of the facts in a case amounts to ‘due process.’”
Chilling! As Turley grimly noted in an earlier post, this is no longer the land of the free.
Seemingly unrelated was this report from the New York Times: the heart of Dublin’s 12th-century patron saint was stolen earlier this week from Christ’s Church Cathedral. The heart of Laurence O’Toole had been housed in a heart-shaped box, safely secured [or so church authorities believed] within an iron cage. The relic’s disappearance was preceded by a rash of reliquary robberies from churches, monasteries and convents around Ireland. According to the article:
The small cage hosting the heart-shaped box containing the relic was tucked away in an innocuous alcove at the side of a small altar. Visitors to the cathedral on Monday stared at the twisted bars and the empty space behind. The bars themselves were sundered evenly.
According to Dermot Dunne, dean of Christ Church, the box had lain undisturbed for centuries. He had no idea why someone would take it.
Whether it’s the heart of a saint or the heart of a Nation, the theft is a grievous insult. The crime betrays the public trust and our basic sense of decency. But the thieves of O’Tooles’s heart performed a curious act before exiting.
The Irish culprits lit candles at two of the Cathedral’s altars. Which means the perpetrators possessed, at the very least, an ironic sense of tradition.
The same cannot be said of our homegrown hooligans. Crass greed and the lust for unlimited power have their own dark tradition. As Americans, we do not expect vice to be confused with virtue. In the past, we could not imagine a blatant disrespect for the Rule of Law–crimes ignored, excused, then openly declared necessary for whatever raison du moment.
Not here, we told ourselves repeatedly. Not in the United States.
Perhaps, we should light candles of our own. A small devotion for the lost and dying.
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The Sky Dancing banner headline uses a snippet from a work by artist Tashi Mannox called 'Rainbow Study'. The work is described as a" study of typical Tibetan rainbow clouds, that feature in Thanka painting, temple decoration and silk brocades". dakinikat was immediately drawn to the image when trying to find stylized Tibetan Clouds to represent Sky Dancing. It is probably because Tashi's practice is similar to her own. His updated take on the clouds that fill the collection of traditional thankas is quite special.
You can find his work at his website by clicking on his logo below. He is also a calligraphy artist that uses important vajrayana syllables. We encourage you to visit his on line studio.
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