Friday Reads: It’s time to Fight for the Rule of Law

Good Morning Sky Dancers!

I’m busy trying to finish up grades here and get break started so I’m going to put up a series of things that clearly demonstrate that we have a lawless administration that must be stopped.  Congress and the Courts must do their jobs more urgently than any time in our history.  I know BB did a great job of covering this yesterday but there is more information and some astounding reporting at WAPO on Trump’s plans to disrupt the hometowns of his political rivals using Asylum Seekers and other folks seeking to cross the US Border. He has also installed an eager crony at the helm of the Department of Homeland Security (DHS).

There is continuing evidence that the Trump administration will clearly ignore law and the Constitution’s protections to ethnically cleanse our southern border. Trump massacred the professionals at the DHS to bring this disgrace of a human being to the top.

Most of the renditions today of Lady Liberty can be found at Web Urbanist: “Artistic Liberties: 15 Faces of the Statue of Lady Liberty”.

From Buzzfeed: “An ICE Official Who Said Detention Was “More Like Summer Camp” Will Now Lead The Agency. “It’s hard to imagine what’s tougher than what Nielsen and Vitiello were doing, but assuming there is such a thing, Matt is certainly up to the task,” said a former senior ICE official.”

Trump told reporters last week that he pulled acting director Ron Vitiello’s nomination to lead ICE because he wanted to go in a “tougher” direction. Vitiello informed ICE employees that he will leave the role and resign Friday.

“Beginning tomorrow I will be out of the office, during which time Acting Deputy Director Matt Albence will be leading the agency,” he wrote to ICE employees Thursday.

A former senior ICE official said of Albence: “He’s definitely enforcement minded and has long been working on making [deportation officers] more efficient and more effective at enforcing the immigration laws in the interior. It’s hard to imagine what’s tougher than what Nielsen and Vitiello were doing, but assuming there is such a thing, Matt is certainly up to the task.”

The former official said that Albence “will be very willing to follow through on implementation.”

The new acting leader first began his career at the former Immigration and Naturalization Service in the mid-’90s before moving to the Transportation Security Administration and then returning to ICE in a position overseeing operations and field training among other things. Albence has moved up the ranks at ICE since 2012, when he became a deputy assistant director.

The Trump administration pressured the Department of Homeland Security to release immigrants detained at the southern border into so-called sanctuary cities in part to retaliate against Democrats who oppose President Donald Trump’s plans for a border wall, a source familiar with the discussions told CNN on Thursday.

Trump personally pushed Homeland Security Secretary Kirstjen Nielsen to follow through on the plan, the source said. Nielsen resisted and the DHS legal team eventually produced an analysis that killed the plan, which was first reported by The Washington Post.
The proposal is another example of Trump’s willingness to enact hardline immigration policies to deliver on border security, a key issue for his political base. Thursday’s reports come as the President has amplified his rhetoric on illegal immigration in recent weeks, even threatening to close the southern border if Congress and Mexico don’t take action.
White House senior adviser Stephen Miller urged senior DHS officials to make the plan a reality, the source said. The plan finally died after Miller and other White House officials pushed it in February, according to the source.
Miller was angered that DHS lawyers refused to produce legal guidance that would make the plan viable, saying the proposal would likely be illegal.
DHS officials believe that the legal standoff is one reason why Miller has pushed for the firing of John Mitnick, the general counsel for DHS, who is still with the department.
A separate DHS official confirmed there was such a proposal. “These are human beings, not game pieces,” the official said.

(Image via Wired)
In the wake of the attacks on September 11, a seventeen year old by the name of Eliza Gauger sketched this piece called “Mommy Liberty” and posted it on her live journal page.

Here’s that WAPO report from Rachel Bade and Nick Miroff: “White House proposed releasing immigrant detainees in sanctuary cities, targeting political foes”.  Read that again.  He’s using people and Federal resources to target political “foes”.

White House officials have tried to pressure U.S. immigration authorities to release detainees onto the streets of “sanctuary cities” to retaliate against President Trump’s political adversaries, according to Department of Homeland Security officials and email messages reviewed by The Washington Post.

Trump administration officials have proposed transporting detained immigrants to sanctuary cities at least twice in the past six months — once in November, as a migrant caravan approached the U.S. southern border, and again in February, amid a standoff with Democrats over funding for Trump’s border wall.

House Speaker Nancy Pelosi’s district in San Francisco was among those the White House wanted to target, according to DHS officials. The administration also considered releasing detainees in other Democratic strongholds.

(Image via Neatorama)
he actual illustration found on the U.S. patent that was filed by Frenchman Frederic-Auguste Bartholdi, on January 2, 1870.

Besides using the DOJ to stall bringing his crime syndicate to justice, Trump has told Mnunchin to ignore the law that requires the IRS to turn Trump’s Taxes over to Congress.    This is from the Daily Beast and David Cay Johnston.

The reason will no doubt surprise those who think Trump can thumb his nose at the law governing congressional access to anyone’s tax returns, including his. It will for sure shock Trump, who claims that “the law is 100 percent on my side.”

The exact opposite is true.

Under Section 6103 of our tax code, Treasury officials “shall” turn over the tax returns “upon written request” of the chair of either congressional tax committee or the federal employee who runs Congress’s Joint Committee on Taxation. No request has ever been refused, a host of former congressional tax aides tell me.

There is, however, a law requiring every federal “employee” who touches the tax system to do their duty or be removed from office.

The crystal-clear language of this law applies to Trump, acting White House Chief of Staff Mick Mulvaney, Mnuchin and Rettig, federal employees all.

(Image via Art for a Change)
Gee Vaucher is best known for the remarkable graphics she produced for British punk rock acts in the late 70’s and early 80’s. Her works have always been socially conscious depictions of upsetting political realities.

Nancy Cook at Politico writes this lede Trump bulldozes across the presidency’s red lines.In recent weeks, the president has labored to reshape a federal government he feels is frustrating his agenda.”As BB wrote yesterday, we clearly have a lawless president who has  cleared out the government of any professional that will follow the law and replaced them with loyal flying monkeys that will just do his bidding.

President Donald Trump has spent the last few weeks trying to bend to his will what are arguably three of the federal government’s least political institutions – the Department of Homeland Security, Federal Reserve and Department of Justice.

Frustrated by the organizations’ deliberate pace and the substance of their decision-making, Trump has tried to remake them in his own image. He’s purging staffers who disagreed with him, or whom he felt were insufficiently loyal at DHS, and he hopes to stock the Fed with vocal political allies who can do his bidding on monetary policy.

Trump cares little about how such moves will be perceived, former administration officials and Republicans close to the White House say. They argue he always prefers to push the boundaries of what is possible, legally and otherwise. And in year three of his presidency, he’s pushing harder than ever before.

On immigration, Trump has never grasped why the U.S. government could not simply hold undocumented immigrants indefinitely as they awaited immigration court proceedings, according to one person close to DHS. This so-called “catch and release” policy frustrated him, as if the government’s due process should not extend to everyone on U.S. soil. The president reportedly clashed with now-ousted DHS Secretary Kirstjen Nielsen as he sought to bar all asylum seekers from entering the country, in violation of existing law.

Every president chafes at being stymied by Congress or the law, noted Timothy Naftali, a historian and former head of the Nixon Presidential Library. What makes Trump’s actions so unprecedented, he said, is the president’s reaction: Trump appears willing to steamroll through the constraints that American presidents have traditionally respected.

“Instead of learning to become presidential and accepting the structure of the American presidency, he is trying to reshape it,” Naftali said. “He has removed anyone, it appears, who stood up to him and said he cannot do this. This is a huge test of our institutions.”

I’m going to leave all of this here to return to grading but with the fear that the people remaining in the institutions may not have a fighting chance against all this chaos and blatant disrespect for rule of law. We can not afford complacency. This process has been put on overdrive and we must stop it. Congress has remedies. They should start using them.

 


Tuesday Reads: Syria, Ukraine, and Venezuela; Robot Police; Republican Stupidity; Harold Ramis; and Women of “True Detective”

Matisse-Woman-Reading-with-Tea1

Good Morning!!

There is so much foreign news these days, and I have to admit ignorance when it comes to discussing the situations in Ukraine, Venezuela, and Syria. I don’t even know where to begin to understand the issues, and to be honest I just don’t have the time to try to do it. But here are some articles from sources I trust that struck me as important.

I’ll begin with something I can easily understand and care about: the fate of children in these conflicts. From The Independent, ‘No one cares’: The tragic truth of Syria’s 500,000 refugee children. The article is about British photojournalist Ed Thompson and an art student from Lebanon, Sammy Hamze, who went to Lebanon to put a spotlight on what is happening to Syrian refugee families.

We have heard the stories. Children at risk of dying from the cold in refugee camps; vulnerable to trafficking; begging on the side of the road; left orphaned and out of school; girls sold into marriage. But what shook Thompson most was that the children, although appearing older than their years, were still so young. “They are innocent, completely innocent,” he says now. “One father told me to look at his family; he could barely feed his son. They had been through hell, walked through hell and got to hell. All they want to do is go home.”

The conflict that has torn Syria apart has raged for almost three years, left more than 100,000 people dead in its wake and driven nine-and-a-half million from their homes. It took intense political pressure to get the British Government to agree to offer hundreds of the “most needy people” in Syrian refugee camps a home in this country. “We live in the modern age – we can read what’s going on in Syria; we’ve never had more information at our fingertips,” says Thompson – “but no one cares.”

If anything can break through the apathy, it is his pictures.

Read more and see some of Thompson’s photos at the link.

On Ukraine, I posted this article by Mark Ames in the comments yesterday, but I’ll link it again here: Everything you now about Ukraine is wrong.

I haven’t lived in that part of the world since the Kremlin ran me out of town, so I’m not going to pretend that I know as much as those on the ground there. Still, I’ve been driven nuts by the avalanche of overconfident ignorance that stands for analysis or commentary on the wild events there. A lethal ignorance, a virtuous ignorance….

Nearly everyone here in the US tries to frame and reify Ukraine’s dynamic to fit America-centric spats. As such, Ukraine’s problems are little more than a propaganda proxy war where our own political fights are transferred to Ukraine’s and Russia’s context, warping the truth to score domestic spat points. That’s nothing new, of course, but it’s still jarring to watch how the “new media” counter-consensus is warping and misrepresenting reality in Ukraine about as crudely as the neocons and neoliberals used to warp and Americanize the political realities there back when I first started my Moscow newspaper, The eXile.

Read about what Ames calls the “simplifications/misconceptions” that are driving Ames crazy at Pando Daily.

And then there’s Venezuela. At The Washington Post, Adam Tayor asks, Amid the coverage of Ukraine, is a crisis in Venezuela being ignored? It’s an interesting question. And what about Syria, which has pretty much disappeared in all the coverage of Ukraine? Is American media simply incapable of covering more than one foreign conflict at a time? Read all about it at the link.

One more story on Venezuela from Peter Weber at The Week: Venezuela isn’t going to be another Ukraine.

Venezuela is not Ukraine, and beneath the similarities in the protest movements are significant differences.

The first is time: The Kiev protesters started their demonstration in November after Yanukovych reneged on a European Union trade pact, and they gradually built up a tent fortress in the central Maidan Square. In Venezuela, the protests started on Feb. 4 at the university in San Cristóbal, with students showing their anger over the lack of police response to an attempted rape and crime in general.

The “brutal police crackdown” on the student protesters in San Cristóbal led to similar protests at other universities, which were also violently suppressed, says Francisco Toro in The New York Times. “As the cycle of protests, repression, and protests-against-repression spread, the focus of protest began to morph. What was at stake, the students realized, was the right to free assembly.” Toro continues:

It’s this intolerance of opposing views, and violent repression, that Venezuela’s students are now mobilized against. Today, after 13 deaths, 18 alleged cases of torture and over 500 student arrests, the protest movement has snowballed into a nationwide paroxysm of anger that puts the government’s stability in question. The protests’ lack of structure has given them resilience, but also an anarchic edge. There is no single leader in a position to give the movement strategic direction. [The New York Times]

Read more comparisons at the link.

In Other News . . . 

The K5 robot outside a school

The K5 robot outside a school

If you think the prospect of being spied on by NSA is frightening, you need to read this article by James Robinson at Pando Daily: Knightscope’s new robotic law enforcer is like staring at the demise of humanity.

Knightscope’s autonomous, crime fighting robot has the complexion of a washing machine. In pictures it looks cute, the size of a penguin maybe. In person it is five feet tall with intimidating breadth. It moves steadily and with insistence. If you stare at it long enough, the twin panels of lights about two-thirds of the way up its body start to take on the appearance of shifty, judgmental eyes. It sees what you’re doing and wants you to cut it out.

The full name of the Knightscope robot on display at the Launch Festival this morning was the K5 beta prototype. Former Ford Motor Company executive and Knightscope CEO William Santana Li describes it to MC and festival organizer Jason Calacanis onstage as a “crime fighting autonomous data machine.” But that doesn’t come close to doing it justice….

As Santana Li outlines proudly, the beast before him on stage takes in 360-degree video through four cameras, is capable of thermal imaging, registers gestures, recognizes faces and can run 300 license plates in a single minute. It works off proximity GPS and scans its environment every 25 milliseconds. It runs off nearly identical technology to Google’s self-driving cars. He boasts that it can see, feel, hear and smell. It is autonomous, will roam outdoors, can take video, decide when it needs to return and charge its batteries and can detect biological and chemical pathogens and radiation.

The Knightscope will get put out in the field gathering data, Santana Li says. The owner can log in to a security panel and get a read of what is going on in the area. The robot can scan license plates and report back on stolen cars. Its facial recognition capabilities can alert its owner to any registered sex offender in the area. The sample dashboard Santana Li logs in to, shows that the robot can report back about things as specific as how many people are lying horizontal and how many are gesturing with their hands. The company is working on giving it a 3M graffiti proof sheen, it emits a piercing sound if someone tries to tip it over and the machines will often work in pairs so they can protect each other.

How would you like to live in a world where one of those things is checking up on you wherever you go?

From Laura Bassett at Huffington Post, here’s the latest from the land of Republican misogyny and stupidity: Virginia Republican Says A Pregnant Woman Is Just A ‘Host,’ Though ‘Some Refer To Them As Mothers.’ Yes, someone really said that.

A pregnant woman is just a “host” that should not have the right to end her pregnancy, Virginia State Sen. Steve Martin (R) wrote in a Facebook rant defending his anti-abortion views.

Martin, the former chairman of the Senate Education and Health Committee, wrote a lengthy post about his opinions on women’s bodies on his Facebook walllast week in response to a critical Valentine’s Day card he received from reproductive rights advocates.

“I don’t expect to be in the room or will I do anything to prevent you from obtaining a contraceptive,” Martin wrote. “However, once a child does exist in your womb, I’m not going to assume a right to kill it just because the child’s host (some refer to them as mothers) doesn’t want it.” Martin then changed his post on Monday afternoon to refer to the woman as the “bearer of the child” instead of the “host.”

Martin explained that he edited his post because “people took it the wrong way.” Read his original post at the link.

And then there’s good old Bobby Jindal, who still thinks he has a chance to be POTUS: Jindal Breaches White House Protocol To Take Shots At Obama.

The National Governors Association is supposed to bring Democrats and Republicans together to discuss policy and share ideas for mutual success, but after a meeting at the White House Monday, all pretense at bipartisan comity was shattered as a press conference with lawmakers descended into a partisan fracas.

Louisiana Gov. Bobby Jindal launched into a repeated assault on President Barack Obama’s leadership in the shadow of the West Wing, in defiance of established bipartisan protocol. Speaking after a meeting of the NGA at the White House, Jindal, the vice chair of the Republican Governors Association, said Obama is “waving a white flag” by focusing on executive actions with three years left in his term. “The Obama economy is now the minimum wage economy,” Jindal added….

Connecticut Gov. Dan Malloy rose to challenge Jindal immediately after he spoke to reporters, calling his remarks on Obama waving a white flag “the most insane statement I’ve ever heard.”

Jindal then returned to the microphones to continue his barrage against the Obama administration, saying as Malloy walked off, “I want to make sure he hears a more partisan statement,” and saying Obama should delay the Affordable Care Act mandates. It wasn’t the first time Jindal had used the microphones outside the White House to attack the president, having done the same at last year’s meeting.

Fortunately, Bobby Jindal will never be president. What a horrible excuse for a human being.

As everyone knows by now, we lost a great comedy writer, director, and performer yesterday. From The Chicago Tribune: Harold Ramis, Chicago actor, writer and director, dead at 69.

Harold Ramis not only may be the most successful comedy writer-director that Chicago has produced, but some wouldn’t even confine that statement to Chicago.

“Harold was clearly the most successful comedy writer-director of all time,” said Tim Kazurinsky, who followed Ramis at Second City and later became his friend. “The number of films that he has made that were successful, that were blockbusters, nobody comes close. Even in light in of that, he was more successful as a human being.”

Ramis’ career was still thriving in 1996, with “Groundhog Day” acquiring almost instant classic status upon its 1993 release and 1984’s “Ghostbusters” ranking among the highest-grossing comedies of all time, when he decided to move his family back to the Chicago area, where he grew up and had launched his career.

On Monday, Ramis was surrounded by family in his North Shore home when he died at 12:53 a.m. of complications from autoimmune inflammatory vasculitis, a rare disease that involves swelling of the blood vessels, said his wife, Erica Mann Ramis. He was 69.

Read The New York Times obituary here: Harold Ramis, Alchemist of Comedy, Dies at 69.

Finally, a little True Detective news. Dakinikat posted this in the comments yesterday, but if you didn’t go to the link you might have missed something really revelatory.

A number of writers have noted that the hit HBO series focuses almost exclusively on the male characters and that women and children are only seen and heard in terms of their effect on the men–for example, see this article at The New Yorker by Emily Nussbaum: The shallow deep talk of “True Detective.”

Yesterday two feminist writers took a different point of view. At Slate, Willa Paskin argues that the way the men of True Detective treat women is actually at the heart of the narrative–that by not listening to women, Detectives Marty Hart and Rust Cohle miss the very clues that would help them solve their 17-year case.

Ignoring women may be the show’s blind spot, but it is also one of its major themes.  True Detective is explicitly about the horrible things that men do to women, things that usually go unseen and uninvestigated. No one missed Dora Lange. Marie Fontenot disappeared, and the police let a rumor stop them from following up. Another little girl was abducted, and a report was never even filed. “Women and children are disappearing, nobody hears about it, nobody puts it together,” Rust told his boss Sunday night, outlining what he believes is a vast conspiracy in the Bayou. Rust is haunted by women who aren’t there—his ex-wife and his dead daughter—while Marty cannot deal appropriately with the women who are.

Please read the whole thing, if you haven’t already. Amanda Marcotte agrees with Paskin, and she turns up the work of some “internet sleuths” to provide some evidence. Marcotte:

I’m inclined to agree with Paskin. In fact, I’m going to take it a step further and argue that I think, whatever else happens, this inability of the main characters to really see women is going to be their downfall. Over and over again, the show obsesses about the gap between self-serving delusions and narratives and what’s really going on. Marty repeatedly talks about how detectives frequently overlook what should have been most obvious, what was right under their noses. He calls it the “detective’s curse”. “Solution was right under my nose, but I was paying attention to the wrong clues.”

I am going to offer this prediction, then: The solution will be right under their noses, but they missed it because they don’t really see women.

Indeed, the internet sleuths are already on it. Remember that all-important yearbook photo that they found one of the victims in? Well, guess what? Other female characters that Marty and Rust have interacted with are in the picture. Here’s the picture with the women helpfully numbered.

yearbook

On the far right of the front row is a girl who grew up to be the woman who killed her three children because of Munchhausen by proxy syndrome–the woman whom Rust got to confess and then told her to kill herself. Was she traumatized at that school? Could she have given him some valuable information? Why didn’t Rust follow up on those photos?

True Detective school photos3

Something to think about while we wait for Sunday night to roll around.

Now it’s your turn. What stories are you following today? Please share your links in the comment thread.


Saturday Reads: Winter Solstice Edition

Beaghmore Stone Circles, Sperrin Mountains, County Tyrone, North Ireland

Beaghmore Stone Circles, Sperrin Mountains, County Tyrone, North Ireland

Good Morning!!

Today is the Winter Soltice, the shortest day of the year. In the eastern U.S. the solstice will take place around noon, according to blogger Scott Dance at the Baltimore Sun.

The Earth’s axis tilts at a 23.5-degree angle, which is what brings the seasons, and at the point of the winter solstice, the North Pole is tilted furthest from the sun. Starting Saturday afternoon, the tilt will begin shifting upright until the Vernal Equinox.

The solstice marks the start of winter in the Northern Hemisphere, of course. Although the hemisphere reaches its furthest from the sun Saturday, the coldest weather lags a month or two, with January and February, on average, colder than December here.

At the solstice, the Arctic circle is in 24-hour darkness, while it Antarctica is in full sunlight.

The moment of transition to winter has already been welcomed with a traditional ceremony at Stonehenge. BBC News:

Kate Davies, who manages Stonehenge for English Heritage, said: “We were delighted to welcome over 3,500 people to Stonehenge to celebrate winter solstice.

“The wind and the rain did not dampen the celebration. And the ancient stone circle was filled with the sound of song, drumming and chanting….

Claire, a pagan from Bristol, attended the event with her seven-year-old daughter. She said: “We arrived at 5.30am – it’s a wonderful place. You don’t have to be pagan to enjoy it – even the weather won’t put you off.”

Newgrange is a neolithic burial mound, older than the pyramids, located in Ireland. Photograph: Alamy

Newgrange is a neolithic burial mound, older than the pyramids, located in Ireland. Photograph: Alamy

From the Irish Independent: Hundreds gather at Newgrange for winter solstice celebration.

John Cantwell, (49), a healer and member of Sli an Chri or “Pathway of the Heart”, from Dublin, heralded the first ray of sun by blowing on handmade horn fashioned from a bull and ram’s horn as part of a large group of New Age and pagan celebrants who formed human circles linking hands at the base of the monument.

“Our ancestors who built this temple thousands of years ago were great astronomers and they knew something about the sun. I’ve been coming here for years and the majority of times, irrespective of the weather in Dublin or Belfast, the horizon is clear and we get an extraordinary experience of the sun like we do right now,” he said.

“It’s difficult to feel in any way negative about anything right now,” he told the Sunday Independent.

Sun coming up the passage during the winter solstice at Newgrange Tomb. Photograph: National Monuments Service

Sun coming up the passage during the winter solstice at Newgrange Tomb. Photograph: National Monuments Service

Here’s some background on Newgrange from the Guardian:

Compared to the vast crowds of druids and pagans expected to gather at Stonehenge on Saturday 21 December to celebrate the shortest day of the year, the winter solstice event at Newgrange tomb in County Meath, Ireland is a rather exclusive affair. Just 120 people get the privilege of standing inside the monument to witness the remarkable illumination that occurs when a beam of sunlight shoots down into the narrow corridor that leads into the chamber, flooding the entire 19-metre stone passage in a warm orange light.

The people who built this neolithic structure over 5,000 years ago were evidently keen timekeepers. Above the entrance to the Newgrange tomb, which takes the form of a large grass-covered mound, is a small “roof box” that is aligned to the rising sun, a piece of design believed to have functioned in the past as an indicator of the new year. And for six days each year, around the winter solstice, the effect is at its peak.

The article lists some other sites where the Solstice is celebrated, including the Great Serpent Mound in Southern Ohio.

Finally, in Iran the winter solstice is marked by an “ancient tradition” linked to Mithra, the sun god. LA Times:

The winter solstice may mark the longest night of the year, but for Iranians, it’s also known as Shab-e Yalda, a celebration with ancient ties that commemorates the triumph of Mithra, the Sun God, over darkness.

Feasting on fresh fruits from the summer season and reciting works by 14th century Persian poet Hafez, Iranians all around the world stay up to mark the start of winter.

“It’s not an official holiday in Iran, but similar to many other ancient traditions, it has become a significant cultural celebration observed by all Iranians,” said Bita Milanian, executive director of Farhang Foundation, a nonprofit that celebrates Iranian art and culture in Southern California.

The celebration, which translates to “Night of Birth,” has come to symbolize many things for Iranians, said Touraj Daryaee, a UC Irvine professor of Iranian studies.

“This is part of Iranian tradition where evil will run havoc on the longest night of the year,” he said. “So people gather to be together until evil is gone… it’s an old idea where you need protection from evil.”

When the sun rises, light shines and goodness prevails, he said.

In other news,

President Obama said yesterday that the revelations about NSA surveillance programs have “damaged America’s security and intelligence gathering capabilities.”

The president’s year-end press conference was sprinkled with laughter and seasonal well-wishing and covered Obamacare’s poor rollout, the health-care program overall, reasons for his planned absence from the Olympic Games in Sochi – and whether his sagging poll numbers reflected his “worst year” as president. But questions about surveillance and privacy resurfaced throughout.

Obama was asked how he viewed the NSA’s mass surveillance programs after a momentous week in which a presidential panel recommended scores of major changes, CEOs of Internet companies implored him to rein in the NSA, and a federal judge ruled that an NSA program that collects “metadata” on every American phone call likely is unconstitutional.

Referring specifically to the NSA’s metadata program, which stores data on every phone call made in America for five years, Obama defended the program while also promising to change it….

“It’s important to note that in all the reviews of this program that have been done, in fact, there have not been actual instances where it’s been alleged that the NSA in some ways acted inappropriately in the use of this data,” he continued. “But what is also clear is from the public debate, people are concerned about the prospect, the possibility of abuse. And I think that’s what the judge and the district court suggested. And although his opinion obviously differs from rulings on the FISA Court, we’re taking those into account.”

Obama is now on vacation in Hawaii.

J.J. sent me some weather news this morning: Big storm hitting U.S. this weekend. Once again, the bad weather is mostly in the South and Midwest. From EarthSky:

A monster storm system will affect millions of people in the United States during the weekend of December 21-22, 2013. It’s expected to produce a wide range of nasty weather – including severe thunderstorms, flooding, snow, and ice. If you’re in the eastern half of the United States, you will feel the full force of this storm either at home or if you plan on traveling this weekend. A potential severe weather outbreak is also possible across the U.S. Southeast from Louisiana into Mississippi and Arkansas. Meanwhile, Oklahoma has already been hit hard with significant icing across Oklahoma City and into Tulsa.

The local National Weather Service offices have been busy issuing plenty of watches and warnings all across the United States. Flood watches extend from the U.S. mid-South all the way into the Ohio River Valley.

There are four threats with this storm system. One of those threats has already occurred overnight across parts of Oklahoma as freezing rain fell (and as of Saturday morning, continues to fall) across a large part of Oklahoma City and Tulsa.

Read more at the link.

The amborella flower hides a family history of sex and gluttony, according to an analysis of its mitochondrial DNA. (Sangtae Kim / Sungshin Women's University )

The amborella flower hides a family history of sex and gluttony, according to an analysis of its mitochondrial DNA. (Sangtae Kim / Sungshin Women’s University )

Here’s an interesting science story for you. From the LA Times: Sex, gluttony and hoarding marked evolution of flowering plants.

Never mind the selfish gene – the cellular family history of the oldest living species of flowering plants is marked by enough sex and gluttony to earn a place in Shakespeare’s folio.

The powerhouse organelles inside cells of Amborella trichopoda, a woody shrub that grows only in the humid jungles of New Caledonia in the South Pacific, gobbled up and retained the entire genome from the equivalent organelles of four different species, three of algae and one of moss, according to a study of the plant’s mitochondrial DNA published this week in the journal Science.

The results are the product of a years-long effort to sequence the full genome of the plant, a crucial step in solving what Charles Darwin once called “the abominable mystery” — the sudden flourishing long ago of several hundred thousand species of flowering plants.

An analysis of the nuclear DNA of the species, published in the same edition of Science, revealed that the plant is the equivalent of the animal kingdom’s duck-billed platypus — a solitary sister left behind more than 100 million years ago by what became a panoply of flowering, or fruiting, plants.

Read the rest at the link. More from Science Recorder: Oldest flowering plant genome explains Darwin’s ‘abominable mystery’

One question that plagued Darwin was why flowers suddenly proliferated on Earth millions of years ago. He referred to it as an “abominable mystery.” A new study published in Science by the Amborella Genome Sequencing Project decodes the DNA of the oldest living relative of those flowers, the Amborella. It grows natively in 18 spots and its reproductive organs are closed in by tepals, a hybrid between petals and sepals, Nature explains. It is also the only species in its genus, family and order, making it unique specimen to study.

The flower is the only link to the ancient flowers that covered the planet and is helping scientists understand the evolutionary processes that led to the 300,000 species of flowers that currently cover Earth.

“In the same way that the genome sequence of the platypus — a survivor of an ancient lineage — can help us study the evolution of all mammals, the genome sequence of Amborella can help us learn about the evolution of all flowers,” said Victor Albert of the University at Buffalo in a press release.

By comparing the genome of Amborella with other plants scientists were able to determine that about 200 million years ago a genome doubling event occurred that allowed the plants to take on new functions, such as flowering. They believe that the genome doubling may also have led to the diversification and spread of different species of flowers.

I’ll wrap this up with a couple of reactions to the Duck Dynasty kerfluffle.

This one from ABC News goes in the “Duh!” file: Phil Robertson and A&E Fight Not About 1st Amendment, Expert Says.

Kermit Roosevelt, a constitutional law professor at the University of Pennsylvania Law School, said the issue is not actually a First Amendment violation.

“The First Amendment, like the constitution generally, only applies to the government, so if the government stops someone from talking or punishes them, that’s a First Amendment issue. If a private person says I won’t hire you or let you be on TV anymore, that’s not,” Roosevelt said.

“The idea is we don’t let the government decide what’s a good opinion, but we do let individuals decide what they think is offensive and what should be rewarded and what should be discouraged. That’s the way the marketplace of ideas is supposed to work,” he said.

Roosevelt also pointed out that the U.S. has anti-discrimination laws that bar a company from firing someone for their race or religion, but allow it to fire someone if they have opinions the company doesn’t like.

“There’s a line that is difficult to draw between religious beliefs and religiously motivated conduct, but what the Supreme Court has said is you can’t treat people differently because of their beliefs but if those beliefs lead them to engage in certain actions, you can treat them like someone who had engaged in those actions for a nonreligious belief,” he said.

It’s really too bad that people like Bobby Jindal and Sarah Palin need an expert to explain how the first amendment works.

And from Darren Leonard Hutchinson at Dissenting Justice: Duck Dynasty and Discrimination: Firing Phil Robertson Will Not Advance Gay Rights Or Racial Justice! I’ll let you read Hutchinson’s argument at his blog.

Those are my offerings for today. What stories are you focusing on? Please post your recommended links in the comment thread.

Happy Winter Solstice!!


Tuesday Reads: Larry Klayman v. NSA; CBS’ 60 Minutes v. Truth; and Police v. Foreign Diplomats

Out of Town News, Harvard Square, 1957

Out of Town News, Harvard Square, 1957

Good Morning!!

Our weird winter weather is continuing. This morning’s temperature outside my house is zero degrees! And we’re expecting five more inches of snow this afternoon, most of it during the afternoon rush hour. I guess all I can do is grin and bear it.

Now let’s see what’s happening in the news today.

Lots of people are excited about the ruling yesterday by US District Court Judge Richard Leon that NSA’s bulk collection of Americans’ phone records is “likely unconstitutional,” but the decision is on hold pending appeal by the Feds and as Reuters notes this morning, SCOTUS is probably going to have the final say on what happens to NSA surveillance programs following revelations from the massive trove of data stolen by Edward Snowden and passed to Glenn Greenwald and Laura Poitras.

“This is the opening salvo in a very long story, but it’s important symbolically in dispelling the invincibility of the metadata program,” said Stephen Vladeck, a national security law expert at the American University law school.

Vladeck said 15 judges on the Foreign Intelligence Surveillance Court have examined Section 215 of the USA Patriot Act, the provision of law under which the data collection takes place, without finding constitutional problems. “There’s a disconnect between the 15 judges on the FISA court who seem to think it’s a no-brainer that Section 215 is constitutional, and Judge Leon, who seems to think otherwise.”

Vladeck said there is a long road of court tests ahead for both sides in this dispute and said a higher court ultimately could avoid ruling on the big constitutional issue identified by Leon. “There are five or six different issues in these cases,” Vladeck said.

Robert F. Turner, a professor at the University of Virginia’s Center for National Security Law, predicted Leon’s decision was highly likely to be reversed on appeal. He said the collection of telephone metadata — the issue in Monday’s ruling — already has been addressed and resolved by the Supreme Court.

Maybe the solution would be to repeal the Patriot Act? Anyway, I think it’s important to note that this lawsuit was brought by Larry Klayman, a certified right wing nut who used to head Judicial Watch and now runs something called Freedom Watch.

larry Klayman

Here’s a little background on Klayman from The New York Times:

In the 1990s, he filed numerous lawsuits against President Bill Clinton and his administration, alleging a litany of personal and professional transgressions. Mr. Klayman later nettled Vice President Dick Cheney over his secret energy policy meetings and claimed that members of George W. Bush’s administration might have known in advance of the 2001 anthrax attacks in Washington.

More recently, Mr. Klayman, who has been called “Litigious Larry,” sued OPEC, accusing oil-rich nations of price fixing and of trying to “bring Western economies to their knees.” And he sued Facebook and its founder for $1 billion when, he said, it was too slow to take down a web page that threatened Jews with death.

The guy is a weirdo, so I have to wonder what it was that convinced a conservative Bush-appointed judge like Leon. And will ne be able to convince our right wing Supreme Court? I’d love to see NSA reined in, but I have serious doubts as to whether it will happen.

More on Klayman:

Mr. Klayman is a fixture of sorts in Washington. He founded, and then parted ways, with the conservative interest group Judicial Watch, which continues litigating grievances despite Mr. Klayman’s bitter departure. (He sued Judicial Watch, too, accusing it of breach of contract and other offenses.) His 2009 book is titled “Whores: Why and How I Came to Fight the Establishment.”

Mr. Klayman has not spared the current Democratic administration. At a Tea Party rally in October, he urged conservatives “to demand that this president leave town, to get up, to put the Quran down, to get up off his knees, and to figuratively come out with his hands up.”

Last year, Mr. Klayman filed a lawsuit in Florida arguing that Barack Obama was ineligible to be president because “neither Mr. Obama, nor the Democratic Party of Florida, nor any other group has confirmed that Mr. Obama is a ‘natural born citizen’ since his father was a British subject born in Kenya and not a citizen of the United States.”

 A little more on the case from Politico:

On June 6, just a day after the Guardian report [on Edward Snowden’s revelations about NSA phone data collection], Klayman filed suit in Washington on his own behalf and on behalf of two clients — Charles and Mary Ann Strange, parents of a Navy SEAL killed in a disastrous helicopter crash in Afghanistan in 2011….

Klayman said he and Charles Strange were being targeted by the government because of their claims relating to Strange’s son’s death, which include a complaint that a Muslim imam cursed the dead SEAL team members during a ceremony at Dover Air Force Base.

“My colleagues have received text messages I never sent,” Klayman told the judge. “I think they’re messing with me,” he said, referring to the government.

Klayman implored the judge to rule against the NSA program not only on legal grounds but in order to avert what the conservative gadfly said was a violent revolution on the verge of breaking out due to the federal governments [sic] unbridled use of power.

“We live in an Orwellian state,” Klayman said, warning that citizens angry about surveillance were about to “rise up.”

If litigation fails, “the only alternative is for people to take matters into their own hands,” he told Leon.

I wonder what parts of these arguments convinced Judge Leon?

Despite the weirdness, Charles Pierce is cheering Leon’s decision:

No matter what you think of Snowden, or Glenn Greenwald, and no matter what you think of what they did, this ruling does not happen if the NSA doesn’t let a contractor walk out of the joint with the family jewels on a flash drive. This ruling does not happen if we do not know what we now know, and we don’t know any of that unless Snowden gathers the data and leaks it to the Guardian. This entire country was founded after a revolution that was touched off to a great extent by the concept of individual privacy. I can forsee it becoming common practice, to use the best VPN service available to protect ourselves and our famillies.

Read all about it at the Esquire link.

I know it’s difficult for some males to understand this, but if Americans do have a right to privacy, then American women should also have that right in making decisions about what happens to their bodies–they should be able to choose whether or not and/or when to have a child. Therefore, they should have access to birth control and abortion without the interference of the state. If women–who represent more than 1/2 of the U.S. population–can’t have privacy; then there is a very big disconnect in the law that needs to be clarified. Are women people? Are they citizens? Griswald and Roe were also decided on the basis of privacy.

Lara_Logan_crop

After their fluff piece on NSA on Sunday, CBS’ 60 Minutes announced yesterday that Lara Logan, who was “suspended” after she hosted an utterly false report on the Benghazi attacks, will be returning to the program next year. Politico’s Dylan Byers:

Logan and McClellan took leave following public pressure over an Oct. 27 report in which security contractor Dylan Davies claimed to have been present and active at the Sept. 11 raid on the U.S. diplomatic mission in Benghazi. Reports later indicated that Davies had told both his contractor and the FBI that he was not present at the compound on the night of the attack. Logan later apologized and “60 Minutes” retracted the story.

Despite public criticism and internal frustrations among some members of the “60 Minutes” team, CBS News chairman and “60 Minutes” executive producer Jeff Fager decided to stand by Logan. Earlier this month, he held a meeting with CBS News staff in which he defended the 42-year-old journalist, saying that as EP he was ultimately responsible for failing to catch the mistake.

As an antidote, I recommend reading TBogg’s take on this decision at Raw Story: Lara Logan is tan, rested and ready to come back and be kind of bad at her job again.

Last week, it was revealed that LA Sheriff’s Office deputies who have been indicted by a Grand Jury had illegally arrested and “roughed up” two foreign diplomats in 2011. From the LA Times:

An Austrian consulate official was improperly arrested and searched by L.A. County sheriff’s deputies at the Men’s Central Jail, according to four indictments filed against 18 department officials.

The incident occurred in 2011 when the official and her husband were visiting an inmate who was an Austrian national….

The Austrian consul’s husband was arrested outside the jail because he had walked near the doors going into the visiting center, according to one of the indictments unsealed Monday.

When the consul requested to speak to a supervisor about her husband’s arrest, she too was placed in handcuffs and arrested, even though she had committed no crime and would have been immune from prosecution, the indictment said.

The couple were taken to a deputy break room and searched, the indictment said.

Read more details at the link. And from Firedoglake, Peter Van Buren explains why this is so outrageous:

One of the primary jobs for any embassy or consulate abroad is the welfare of its citizens. Indeed, many of the first diplomatic outposts abroad were set up to protect sailors and merchants. This work typically includes visiting one’s citizens in foreign jails, a task young diplomats around the world conduct. As a State Department foreign service officer myself for 24 years, I must have done this hundreds of times. But no matter how many times I did it, it was always an unsettling feeling to walk into a jail, go through security into a cell or holding room, and then walk back out.

Getting out, and being treated properly inside, was however more than an act of faith on my part. Diplomats abroad are protected people; under both formal treaties and long-established traditions (“diplomatic immunity”), a country should not mess around with another’s diplomats. Take a look at Iran– over thirty years since the kidnapping of American diplomats in Tehran, our two countries still are a long, long way from reestablishing relations.

I once safely visited in an underground facility of an Asian country’s secret police an American Citizen who likely had been tortured. The system generally works everywhere, from first world countries to crappy police states in the developing world. However, one rough area where it does not work is in Los Angeles.

Please read the rest if you can.

Devyani Khobragade

Today we learn that the NYPD also abused a foreign diplomat. The woman, a deputy consul general at the Indian embassy in NYC was arrested and handcuffed on the street and then subjected to a strip search at police headquarters. From The Guardian:

Bulldozers have removed security barriers outside the US embassy in Delhi as a diplomatic row prompted by the arrest of an Indian diplomat on visa fraud charges in New York intensified.

Devyani Khobragade, India‘s deputy consul general in New York, was charged last week with making false statements on an application for her housekeeper to live and work in the United States.

India’s national security adviser on Tuesday called the treatment of Khobragade “despicable and barbaric” and the country’s foreign secretary summoned the US ambassador. Politicians – including Rahul Gandhi, the scion of the Nehru-Gandhi dynasty and vice chairman of the ruling Congress party, and Narendra Modi, the prime ministerial candidate of the Hindu nationalist opposition BJP – refused to meet a visiting US congressional delegation.

The removal of the barriers was one of a slew of retaliatory actions taken by the Indian government as outrage at the arrest grew, including the withdrawal of import clearances and special airport passes. The incident has become a major story in India, dominating TV bulletins.

The false statements were that Khobragade had agreed to pay the housekeeper the New York minimum wage ($9.25), but had agreed privately with the woman that her actual salary would be only 1/3 that amount.

From NDTV All India:

Furious with the US for the arrest and alleged strip search of its high-ranking diplomat Devyani Khobragade, India today retaliated with a slew of measures to pare down the privileges of American diplomats. (10 latest developments)

US diplomats in consulates across India have been asked to surrender identity cards issued to them and their families, which entitle them to special privileges. India has also withdrawn all airport passes for consulates and import clearances for the embassy.

The Delhi police removed barricades outside the sprawling US embassy in the capital.

Ms Khobragade was subjected to a humiliating strip search and was kept in a cell with drug addicts after her arrest for alleged visa fraud in New York last week. (Read) Noel Clay, a spokesperson for the US State Department, told NDTV that standard procedures had been followed during Ms Khobragade’s arrest.

The US has implied that she enjoyed only limited immunity.

As part of its reciprocal measures, India is asking for details like salaries paid to Indian staff employed in US consulates, including those working as domestic helps with the families of American officials.

It seems that, between the NSA revelations and the increasing use of police state tactics by law enforcement, the US is managing to alienate much of the rest of  all the world.

I’m out of space, so I’ll wrap this up. Now it’s your turn. What stories are you focusing on today? Please post your links in the comment thread and have a great day!