Posted: May 8, 2021 Filed under: Afternoon Reads, Republican politics, U.S. Politics | Tags: Arizona fake recount, Bill Barr, caturday, death penalty, Donald Trump, Ledell Lee, Lindsey Graham, Liz Cheney, Neil Gorsuch, Trump Justice Department
Room with Curved Window Cat and Bird, by Paul Wonner
It’s great to finally have a normal president who actually cares about the American people and isn’t completely focused on his own needs. But it’s going to take a long time for the country to recover from four years of Trump. For one thing, Trumpism still controls the Republican Party. There is also the aftermath of Trump’s immigration and tax policies as well as his destructive influence on nearly every aspect of the Federal government, including the Departments of Justice, Defense, and Homeland Security and the intelligence community, as well as his efforts to corrupt U.S. elections. And of course Trump had a dramatic impact on the Supreme Court that will likely last for decades. In this post, I’m going to highlight some of the continuing influences of Trumpism in our politics and our justice system.
Trump loves the death penalty, and his first SCOTUS appointee Neil Gorsuch cast the deciding vote that led the execution of an innocent man in Arkansas in 2017.
The New York Times: 4 Years After an Execution, a Different Man’s DNA Is Found on the Murder Weapon. Lawyers’ request to conduct additional DNA testing before Ledell Lee was executed had been denied.
For 22 years, Ledell Lee maintained that he had been wrongly convicted of murder.
“My dying words will always be, as it has been, ‘I am an innocent man,’” he told the BBC in an interview published on April 19, 2017 — the day before officials in Arkansas administered the lethal injection.
Girl with a Cat, by Franz Marke
Four years later, lawyers affiliated with the Innocence Project and the American Civil Liberties Union say DNA testing has revealed that genetic material on the murder weapon — which was never previously tested — in fact belongs to another man. In a highly unusual development for a case in which a person has already been convicted and executed, the new genetic profile has been uploaded to a national criminal database in an attempt to identify the mystery man….
Mr. Lee’s execution, on April 20, 2017, was the first in Arkansas in more than a decade. Some accused the state of rushing Mr. Lee and several other prisoners to their deaths that month before the expiration of its supply of a lethal injection drug….
Mr. Lee’s execution, on April 20, 2017, was the first in Arkansas in more than a decade. Some accused the state of rushing Mr. Lee and several other prisoners to their deaths that month before the expiration of its supply of a lethal injection drug.
Slate’s Mark Joseph Stern on the Gorsuch vote, April 21, 2017:
On Thursday night, Arkansas executed Ledell Lee—the state’s first execution in 12 years. Lee is one of eight men whom Arkansas originally planned to kill over 11 days before one drug in the three-drug lethal injection cocktail expires. Four of these men have received stays of execution, but Lee’s final plea to the U.S. Supreme Court was rejected by a 5–4 vote. Justice Neil Gorsuch cast the deciding vote allowing Lee to die. It was his first recorded vote cast as a justice of the court….
with Gorsuch’s vote, the court’s conservatives were able to ignore their four liberal colleagues and permit the execution. Lee was given midazolam, then a drug to paralyze and suffocate him—which may have been purchased under false pretenses. Finally, the state administered a chemical to stop his heart. Lee was declared dead shortly before midnight, Central Time. Had one more justice voted in his favor, Lee would still be alive today.
Lisa Lerer at The New York Times on Trump continued control of his party: Marooned at Mar-a-Lago, Trump Still Has Iron Grip on Republicans.
Locked out of Facebook, marooned in Mar-a-Lago and mocked for an amateurish new website, Donald J. Trump remained largely out of public sight this week. Yet the Republican Party’s capitulation to the former president became clearer than ever, as did the damage to American politics he has caused with his lie that the election was stolen from him.
Painting by Jennifer Gennari
In Washington, Republicans moved to strip Representative Liz Cheney of her House leadership position, a punishment for denouncing Mr. Trump’s false claims of voter fraud as a threat to democracy. Lawmakers in Florida and Texas advanced sweeping new measures that would curtail voting, echoing the fictional narrative from Mr. Trump and his allies that the electoral system was rigged against him. And in Arizona, the state Republican Party started a bizarre re-examination of the November election results that involved searching for traces of bamboo in last year’s ballots.
The churning dramas cast into sharp relief the extent to which the nation, six months after the election, is still struggling with the consequences of an unprecedented assault by a losing presidential candidate on a bedrock principle of American democracy: that the nation’s elections are legitimate.
They also provided stark evidence that the former president has not only managed to squelch any dissent within his party but has also persuaded most of the G.O.P. to make a gigantic bet: that the surest way to regain power is to embrace his pugilistic style, racial divisiveness and beyond-the-pale conspiracy theories rather than to court the suburban swing voters who cost the party the White House and who might be looking for substantive policies on the pandemic, the economy, health care and other issues.
“We’ve just gotten so far afield from any sane construction,” said Barbara Comstock, a longtime party official who was swept out of her suburban Virginia congressional seat in the 2018 midterm backlash to Mr. Trump. “It’s a real sickness that is infecting the party at every level. We’re just going to say that black is white now.”
Read more at the NYT link.
From the Editorial Board of the Financial Times: Republicans drift ever further into Trumpism. The right must find ways to head off disaster for party and country.
Six months after Trump was defeated in the US presidential election, no Republican can dispute his claim that Joe Biden stole it and expect to prosper among their peers. Facebook’s initial decision to suspend Trump’s account came after he had egged on the mob that assaulted Capitol Hill on January 6 in what was the most serious threat to American democracy since the civil war. Since then, Trump’s language has only grown more ominous. Republicans who think they can keep their head down and wait out the Trump era are probably deluding themselves. Trump is only consolidating his hold over their party — and shows every sign of planning a 2024 presidential run.
What should principled conservatives do? One option is to follow the example of Liz Cheney, the number three Republican in the House of Representatives, who correctly reminds her colleagues that last year’s election was legitimate and the assault on Congress was sedition. She will almost certainly be removed from her position next week.
Painting by August Macke
This is nothing to do with ideology. Cheney is among the most conservative figures in the House. Elise Stefanik, who is set to replace her, is more moderate. Stefanik, however, has an unblemished record of echoing whatever Trump says, including that America’s voting is rigged. Like any revolution, the demands on its children grow more outlandish. The more preposterous the conspiracy theory, the greater the demonstration of loyalty from those who embrace it. The downsides to Cheney’s act of courage are obvious. She will lose her influence and ultimately even her Wyoming district to a Trump loyalist. Others among the principled holdouts, including Illinois’ Adam Kinzinger, are also at risk.
A parallel line of attack would be to point out that Trump is already jeopardising his party’s hopes of regaining control of Congress in next year’s midterm elections, and the White House two years later. Trump lost the presidency, but his party did far better in non-presidential races. Millions of voters who endorsed Biden switched to Republicans down ballot. Not once in four years did Trump’s approval rating exceed 50 per cent. Biden’s has not yet fallen below that.
Trump can keep the party united through fear of defenestration but his grip will make the party less appealing to the larger electorate. Sadly, there is little hope right now of severing Trump’s bonds to a party that is now largely his — 70 per cent of its voters say the election was stolen.
Liz Cheney is getting a great deal of attention right now, and although I probably disagree with her on every political issue, I have to admire her principled stand against Trumpism. And now the GOP Trump cult is trying to excommunicate her.
The Washington Post: Liz Cheney’s months-long effort to turn Republicans from Trump threatens her reelection and ambitions. She says it’s only beginning.
Rep. Liz Cheney had been arguing for months that Republicans had to face the truth about former president Donald Trump — that he had lied about the 2020 election result and bore responsibility for the insurrection at the U.S. Capitol — when the Wyoming Republican sat down at a party retreat in April to listen to a polling briefing.
The refusal to accept reality, she realized, went much deeper.
When staff from the National Republican Congressional Committee rose to explain the party’s latest polling in core battleground districts, they left out a key finding about Trump’s weakness, declining to divulge the information even when directly questioned about Trump’s support by a member of Congress, according to two people familiar with what transpired.
Painting by Paul Wonner
Trump’s unfavorable ratings were 15 points higher than his favorable ones in the core districts, according to the full polling results, which were later obtained by The Washington Post. Nearly twice as many voters had a strongly unfavorable view of the former president as had a strongly favorable one.
Cheney was alarmed, she later told others, in part because Republican campaign officials had also left out bad Trump polling news at a March retreat for ranking committee chairs. Both instances, she concluded, demonstrated that party leadership was willing to hide information from their own members to avoid the truth about Trump and the possible damage he could do to Republican House members, even though the NRCC denied any such agenda.
Those behind-the-scenes episodes were part of a months-long dispute over Republican principles that has raged among House leaders and across the broader GOP landscape. That dispute is expected to culminate next week with a vote to remove Cheney from her position as the third-ranking House Republican.\At issue: Should the Republican Party continue to defend Trump’s actions and parrot his falsehoods, given his overwhelming support among GOP voters? Or does the party and its leaders need to directly confront the damage he has done?
I think we all know how that is going to turn out.
On the corruption of the Justice Department, Devlin Barrett broke this startling news yesterday at The Washington Post: Trump Justice Department secretly obtained Post reporters’ phone records.
The Trump Justice Department secretly obtained Washington Post journalists’ phone records and tried to obtain their email records over reporting they did in the early months of the Trump administration on Russia’s role in the 2016 election, according to government letters and officials.
In three separate letters dated May 3 and addressed to Post reporters Ellen Nakashima and Greg Miller, and former Post reporter Adam Entous, the Justice Department wrote they were “hereby notified that pursuant to legal process the United States Department of Justice received toll records associated with the following telephone numbers for the period from April 15, 2017 to July 31, 2017.” The letters listed work, home or cellphone numbers covering that three-and-a-half-month period.
Cameron Barr, The Post’s acting executive editor, said: “We are deeply troubled by this use of government power to seek access to the communications of journalists. The Department of Justice should immediately make clear its reasons for this intrusion into the activities of reporters doing their jobs, an activity protected under the First Amendment.”
Cat on Green Pilllow, August Macke
News organizations and First Amendment advocates have long decried the government practice of seizing journalists’ records in an effort to identify the sources of leaks, saying it unjustly chills critical newsgathering. The last such high-profile seizure of reporters’ communications records came several years ago as part of an investigation into the source of stories by a reporter who worked at BuzzFeed, Politico and the New York Times. The stories at issue there also centered around 2017 reporting on the investigation into Russian election interference.
It is rare for the Justice Department to use subpoenas to get records of reporters in leak investigations, and such moves must be approved by the attorney general. The letters do not say precisely when the reporters’ records were taken and reviewed, but a department spokesman said the decision to do so came in 2020, during the Trump administration. William P. Barr, who served as Trump’s attorney general for nearly all of that year, before departing Dec. 23, declined to comment.
A few more stories to check out:
The Washington Post: Trump’s out-of-power agenda: Retribution against foes, commanding the spotlight and total domination of GOP.
Joyce Vance at NBC News: Judge Amy Berman Jackson’s Barr rebuke opens the door to DOJ accountability.
CBS News: The Arizona GOP’s Maricopa County audit: What to know about it.
NBC News: Sen. Lindsey Graham says the GOP can’t move forward without Trump.
Brad Bannon at The Hill: GOP is consumed by Trump conspiracy theories.
Have a great weekend everyone!! As always, this is an open thread.
Posted: June 30, 2015 Filed under: morning reads, Republican politics, U.S. Politics | Tags: arson, black church fires, Bree Newsome, Charleston massacre, civil disobedience, Civil Rights, cruel and unusual punishment, death penalty, Indiana in Summer, lethal injection, Samuel Alito, Ted Cruz, US Constitution, US Supreme Court
Summer thunderstorm in Indiana
I’m still staying with my mother in Indiana. Her 90th birthday party was a huge success. Everyone that we expected showed up, and I got to talk to some cousins I haven’t seen in ages–except on Facebook. The weather sort of cooperated. It had been raining for days, but we just had intermittent showers on Saturday, the day of the party. We had the canopy set up over part of the driveway so the tables were on solid ground. We had too much food, so we donated some of it to a local homeless mission, ate some leftovers, and froze the rest. Since that day, we’ve had gorgeous sunny weather.
The image above of the first lighting strike of an Indiana thunderstorm comes from Schweiger Photo. I’m including other scenic photos of various parts of Indiana throughout this post.
Supreme Court Decisions and Reactions to Them
A country road in Randolph County, Indiana
The U.S. Supreme Court continues to dominate the news today. I know you have already heard about the terrible decision to allow Oklahoma to continue using drugs that cause intense, extended pain for their inhuman executions. The U.S. Constitution forbids cruel and unusual punishment, but Samuel Alito thinks it’s much more important to preserve the death penalty than to worry about whether the victims feel like they are being burned alive.
Carimah Townes at Think Progress: It’s ‘The Chemical Equivalent Of Being Burned At The Stake.’ And Now It’s Legal.
By a vote of 5-4, the Supreme Court ruled Monday that the use of the lethal injection drug midazolam does not constitute cruel and unusual punishment. The ruling comes more than a year after the botched executions of several inmates who remained conscious and experienced pain as they were put to death.
According to the majority opinion written by Justice Samuel Alito, “petitioners have failed to establish a likelihood of success on the merits of their claim that the use of midazolam violates the Eighth Amendment. To succeed on an Eighth Amendment method-of execution claim, a prisoner must establish that the method creates a demonstrated risk of severe pain and that the risk is substantial when compared to the known and available alternatives. Petitioners failed to establish that any risk of harm was substantial when compared to a known and available alternative method of execution. Petitioners have suggested that Oklahoma could execute them using sodium thiopental or pentobarbital, but the District Court did not commit a clear error when it found that those drugs are unavailable to the State.”
In her dissent, Justice Sotomayor wrote, “as a result, [the Court] leaves petitioners exposed to what may well be the chemical equivalent of being burned at the stake.”
The Indiana Dunes at Lake Michigan
Alito’s “reasoning” is that since the death penalty is “settled” law, whatever drug is available must be used even if it causes extreme pain and does not cause unconsciousness. Remember when Clayton Lockett “gasped for 43 minutes” before he finally died?
Cristian Farias at New York Magazine: In Lethal-Injection Case, the Supreme Court Essentially Ruled That Death-Row Inmates Have to Pick Their Poison.
Now we know why the Supreme Court left Glossip v. Gross — a contentious case about the constitutionality of lethal-injection protocols — for the very last day of its term. Four out of five justices who had something to say in the case announced their opinions from the bench — an extremely rare occurrence that the American public won’t get to hear for itself until audio of the session is released sometime in the fall.
In a 5-to-4 decision, the justices ruled that the death-row inmates in the case failed to establish that Oklahoma’s use of midazolam, a sedative they claimed was ineffective in preventing pain, violated the Eighth Amendment’s prohibition on cruel and unusual punishment. The case’s various opinions and dissents run a whopping 127 pages — far longer than even the Obamacare and marriage-equality decisions. And they’re a sign that states’ methods of punishment are a major point of conflict at the court.
But Justice Samuel Alito, who wrote the lead opinion, went further: He said it is up to the death-row inmates and their lawyers — and not up to Oklahoma — “to identify a known and available alternative method of execution that entails a lesser risk of pain,” which is “a requirement of all Eighth Amendment method-of-execution claims.” In other words, it is the responsibility of those condemned to death to plead and prove the best alternative method to execute them. They have to pick their poison — otherwise, no harm, no foul under the Constitution.
And just so that there aren’t any doubts, even though the case was not about the death penalty proper, Alito went out of his way to remind us that “we have time and again reaffirmed that capital punishment is not per seunconstitutional.”
Samuel Alito should never have been approved by the Senate. He’s a monster.
Indiana corn, “knee high by the Fourth of July.”
The Court ordered that abortion clinics in Texas could remain open for the time being. Ian Millhauser at Think Progress: BREAKING: Supreme Court Allows Texas Abortion Clinics To Remain Open.
The Supreme Court issued a brief, two paragraph order on Monday permitting Texas abortion clinics that are endangered by state law requiring them to comply with onerous regulations or else shut down to remain open. The order stays a decision by the United States Court of Appeals for the Fifth Circuit, which imposed broad limits on the women’s right to choose an abortion within that circuit.
The Court’s order is temporary and offers no direct insight into how the Court will decide this case on the merits. It provides that the clinics’ application for a stay of the Fifth Circuit’s decision is granted “pending the timely filing and disposition of a petition” asking the Court to review the case on the merits.
Ugh. I can hardly wait for the final decision./s
And then there’s the continuing unhinged right wing response to the Supremes’ decision on gay marriage. Texas Senator Ted Cruz has been in dangerous meltdown mode ever since the announcement on Friday.
A Converse County, Indiana road.
Politico reports: Ted Cruz: States should ignore gay-marriage ruling.
“Those who are not parties to the suit are not bound by it,” the Texas Republican told NPR News’ Steve Inskeep in an interview published on Monday. Since only suits against the states of Ohio, Tennessee, Michigan and Kentucky were specifically considered in the Supreme Court’s Obergefell v. Hodges decision, which was handed down last Friday, Cruz — a former Supreme Court clerk — believes that other states with gay marriage bans need not comply, absent a judicial order.
“[O]n a great many issues, others have largely acquiesced, even if they were not parties to the case,” the 2016 presidential contender added, “but there’s no legal obligation to acquiesce to anything other than a court judgement.”
While Cruz’s statement may be technically true, federal district and circuit courts are obligated to follow the Supreme Court’s precedent and overrule all other states’ same-sex marriage bans as unconstitutional.
The Texas senator then went on to suggest that Republicans who have called for following the court’s decision are members of a “Washington cartel” and are lying when they say they do not support same-sex marriage.
“[Republican Party leaders] agree with the rulings from last week, both the Obamacare ruling and the marriage ruling,” Cruz said. “[T]he biggest divide we have politically is not between Republicans and Democrats. It’s between career politicians in both parties and the American people.”
I guess Cruz hasn’t bothered to look at the polls that show most Americans support same sex marriage–or, more likely, he couldn’t care less what Americans think about it. Get over it, Ted. Marriage equality is “settled law” now.
Another view of the Indiana Dunes.
From The Hill: Cruz bashes ‘elites’ on Supreme Court.
Sen. Ted Cruz (R-Texas) on Monday bashed “elites” on the Supreme Court for imposing their will on America’s heartland in its decision to legalize same-sex marriage.
“You’ve got nine lawyers, they are all from Harvard or Yale — there are no Protestants on the court, there are no evangelicals on the court,” the 2016 GOP presidential candidate said on NBC’s “Today,” echoing criticism from Justice Antonin Scalia’s dissenting opinion.
“The elites on the court look at much of this country as flyover country; they think that our views are simply parochial and don’t deserve to be respected.”
ROFLMAO! Earth to Ted: You graduated from Princeton and Harvard and worked under former Chief Justice Rehnquist. Obviously you think the inhabitants of “flyover country” are too stupid to know that.
A couple more reactions:
AL.com: Roy Moore: Alabama judges not required to issue same-sex marriage licenses for 25 days.
The Texas Tribune: Some Counties Withholding Same-Sex Marriage Licenses.
Following the Charleston Massacre,
A windmill on an Indiana farm
a number of black churches have been burned in the South, according to Think Progress.
According to the Southern Poverty Law Center, at least six predominantly black churches in four Southern states have been damaged or destroyed by fire in the past week. While some may have been accidental, at least three have been determined to be the result of arson.
The first arson fire was on Monday at the College Hills Seventh Day Adventist Church in Knoxville, Tennessee. The Knoxville fire department has said that the arsonist set multiple fires on the church’s property and the church’s van was also burned. On Tuesday, a fire in the sanctuary of God’s Power Church of Christ in Macon, Georgia was also blamed on arson, although the investigation is ongoing. And on Wednesday, a fire at the Briar Creek Baptist Church in Charlotte, North Carolina was determined to be caused by arson, destroying an education wing that was meant to house a summer program for children, impacting its sanctuary and gymnasium, and causing an estimated $250,000 in damage.
The cause of a fire that destroyed the Glover Grover Baptist Church in Warrenville, South Carolina on Friday is unknown, while lightning is suspected in a fire that destroyed the Fruitland Presbyterian Church in Gibson County, Tennessee on Wednesday and a tree limb that fell on electrical lines is suspected in a fire at the Greater Miracle Apostolic Holiness Church in Tallahassee, Florida on Friday that destroyed the church and caused an estimated $700,000 in damage.
That is truly frightening. Read more details at the link.
A log cabin in Brown County, Indiana
Blue Nation Review: EXCLUSIVE: Bree Newsome Speaks For The First Time After Courageous Act of Civil Disobedience.
Over the weekend, a young freedom fighter and community organizer mounted an awe-inspiring campaign to bring down the Confederate battle flag. Brittany “Bree” Newsome, in a courageous act of civil disobedience, scaled a metal pole using a climbing harness, to remove the flag from the grounds of the South Carolina state capitol. Her long dread locks danced in the wind as she descended to the ground while quoting scripture. She refused law enforcement commands to end her mission and was immediately arrested along with ally James Ian Tyson, who is also from Charlotte, North Carolina.
Read all about it and see photos at the link.
What else is happening? Please post your thoughts and links in the comment thread below and have a terrific Tuesday!
Posted: May 16, 2015 Filed under: morning reads, U.S. Politics | Tags: Archbishop Keough High School, Baltimore police department, Boston Marathon bombing, capital punishment, Catholic Church, death penalty, Dzhokhar Tsarnaev, Father Joseph Maskell, Jean Hargadon Wehner, sexual abuse by priests, Sister Cathy Cesnick, Terre Haute supermax prison, terrorism
Yesterday the jury in the Boston Marathon bombing case sentenced Dzhokhar Tsarnaev to death for his role in the 2013 terrorist attack that killed three people and severely injured hundreds more.
From the Washington Post:
BOSTON — Two years after the horrific bombing of this city’s famed marathon, a federal jury on Friday sentenced to death one of the young men responsible for the attack, turning away appeals for mercy from his attorneys and even some victims.
The jury of seven women and five men rendered its decision after deliberating for more than 14 hours. As the verdict was read, the bomber, 21-year-old Dzhokhar Tsarnaev, displayed no sign of emotion.
The outcome was a victory for prosecutors, who said the former college student worked in tandem with his older brother and carried out the attack in a “heinous, cruel and depraved manner.” Jurors rejected arguments that Tsarnaev had fallen under the sway of his brother, Tamerlan, and was remorseful over the suffering he caused.
Tsarnaev will be transferred to a federal prison, where he will remain until he is put to death by lethal injection. His attorneys did not comment after the verdict, but they are expected to appeal the sentence.
I was very disappointed in this decision. I strongly resent the Feds coming into Massachusetts, where we don’t have the death penalty and only 18% of citizens supported it for Tsarnaev, and forcing us to accept this barbaric practice against the public will. It also makes me feel sick at heart that the victims will now have to deal with years–probably decades–of appeals of the sentence. Tsarnaev should have been put away for life and left to fade into obscurity.
Tsarnaev showed no emotion as his death sentence was read.
ABC News reports: The Eerie Quiet in Court as Boston Bomber Dzhokhar Tsarnaev Sentenced to Die.
An eerie quiet settled over the federal courthouse in Boston today as victims and relatives of those killed in the Boston Marathon bombing heard a jury ordered Dzhkohar Tsarnaev to be put to death.
Liz Norden, who wanted Tsarnaev to get the death penalty for detonating the bomb that left two of her sons amputees and their bodies forever burned and scarred, cried quietly when the jury decided that the 21-year-old should die for his crimes.
Bill and Denise Richard, who strongly advocated against capital punishment for Dzhokhar Tsarnaev, sat stone faced as the verdict was read, even though it was their 8-year-old son Martin who was the youngest victim killed in the horrific attack….
Boston bombing victim Martin Richard.
Inside Courtroom 9 the jurors, seven women and five men, stood as the verdict slip was read, as did Tsarnaev. One male juror removed his eyeglasses and wiped his eyes with a tissue and leaned his body into the rail of the jury box as if to prop himself up. Two female jurors, their cheeks flushed red, sipped from water bottles. Another woman had her arms crossed in front of her.
Tsarnaev never looked toward the jury box, not even when it became clear that those men and women decided he should be put to death. One of his defense attorneys, Miriam Conrad, covered her mouth with her hand. Once the verdict was read, police in court including Watertown Police Chief Ed Deveau and Boston Police Commissioner Bill Evans, who is personal friends with the Richard family, exchanged glances.
Throughout it all, the mood in the courtroom was heavy and subdued. The judge’s clerk Paul Lyness admonished those assembled inside before it began that “any outbursts” would be treated as contempt of court. There were none.
Tsarnaev will most like await his appeals at a Federal prison in Terre Haute, Indiana.
The Indy Star reports: If Boston Bomber is executed, it’ll likely be done in Indiana.
According to an official at the Federal Bureau of Prisons, Terre Haute is the only prison that has the special confinement unit that houses federal death row inmates. While the BOP could not go as far as to say that Terre Haute is the only prison where a federal inmate could be put to death, every federal execution has taken place at the facility since 2001.
Timothy McVeigh, Juan Raul Garza and Louis Jones Jr. were the last three inmates to be strapped to the table in the western Indiana prison and have a lethal drug cocktail run through their veins.
Tsarnaev may now face that same fate.
Larry A. Mackey, the attorney who tried both of the Oklahoma City bombing cases and delivered the prosecution’s closing argument in McVeigh’s, told The Indianapolis Star it’s “highly, highly unlikely” Tsarnaev will win his appeals.
“The judge has been very careful in protecting the defendant’s rights,” said Mackey, who has been following the case closely since it went to trial in March.
Sometime in the next 60 days, Mackey said a formal sentencing hearing will be held, and Tsarnaev will return to court with his council for the judge to impose the jury’s decision to put him to death.
Following the hearing, Tsarnaev will be transported to Terre Haute’s special confinement unit where he’ll wait out the exhaustion of his appeals, said Mackey.
Death chamber at Terre Haute supermax prison
More on the Terre Haute prison from the Boston Herald:
The 1,400-inmate, all-male U.S. Penitentiary at Terre Haute, Ind., is the likely landing spot for the 21-year-old Tsarnaev, who would be housed at the prison’s “special confinement unit” with the other 50-plus inmates on federal death row.
Since the federal death penalty was reinstated in 1988, 74 federal convicts have been sentenced to die for their crimes, but just three have actually been executed and another 10 have been taken off death row, according to the Death Penalty Information Center. Sampson, who has since had his death sentenced overturned, first went to Terre Haute following his 2003 conviction.
All three who have been put to death — Oklahoma City bomber Timothy McVeigh, and Texans Juan Raul Garza and Louis Jones Jr. — were executed at Terre Haute’s in-house chamber.
Robert Nigh, who represented McVeigh, described the Indiana lock-up as a place where inmates “certainly had access to other inmates, commissary, reasonable opportunity for recreation, hygiene.”
The sight — and smells — of the prison’s “death house” still stick with him. “That was surreal,” he said. “When you walked into it, my recollection is (seeing) stark white walls, and it smelled and felt like a hospital or a clinic. It felt like a place where you go to get medical care. It had that feel to it. And it’s designed for the exact opposite.”
An article at Business Insider makes the prison sound a lot worse than the above description: What it’s like inside the terrifying super-max prison where the Boston Bomber is expected to be executed.
Though US Penitentiary Terre Haute has been open since 1940, Tsarnaev would likely be held in the Communications Management Units, a special unit opened in 2006 for terrorism-related offenses.
Because of the prison’s reputation for housing some of the country’s biggest security threats, some have called it “Guantanamo North.”
According to NPR, the units have 50 cells and house many men convicted in notable post-9/11 cases, as well as those involved in the 1993 World Trade Center bombing, the 1999 “Millennium” plot to bomb the Los Angeles International Airport, and multiple hijacking cases.
The Communication Management Units in the prison severely restrict communications between inmates and the outside world. Inmates are limited to two two-hour nonphysical visits per month, plus one 15-minute phone call per week.
Mail must be screened, copied, and evaluated before being delivered to inmates. All conversations must be in English.
Sister Rita Clare Gerardot
According to Sister Rita Clare Gerardot, “a spiritual adviser to death-row inmates at Terre Haute,”
“They are in a small cell by themselves. All their meals are pushed through a slot. There is no recreation, but they can go out of their cells three times a week into cages,” Gerardot told The Tribune-Star, a newspaper in Terre Haute.
Inmates can speak to one another from the front of their cells, according to Gerardot, and have limited time to use a phone, e-mail, or a library.
“Truthfully, I don’t know how they keep their sanity. They have to be persons of great strength of will to get up every day, and know they have no choices,” Gerardot said.
Tsarnaev will likely wish he had died in the Watertown shootout like his older brother Tamerlan. And as the Boston Globe notes this morning “everything could have been different” for this young man.
Dzhokhar Tsarnaev could have been graduating from UMass Dartmouth this weekend. Martin Richard, Lingzi Lu, Krystle Campbell, and Sean Collier could still be alive.
But everything changed when Tsarnaev, along with his older brother, detonated a pair of bombs near the finish line of the 2013 Boston Marathon.
A 19-year-old sophomore at UMass Dartmouth at the time of the bombing, Tsarnaev was sentenced to death on Friday—while a commencement ceremony for the Class of 2015 was underway. He convicted in April on 17 capital charges and sentenced to death for six of them.
According to a UMass Dartmouth transcript introduced in court during the trial, Tsarnaev was an Engineering undergraduate with a mechanical engineering major during the Fall 2011 semester, his first in college. In the Spring 2013 semester, he was classified as a Arts & Sciences undergraduate with no declared major. The commencement ceremony for undergraduates in the College of Engineering was held Friday at the university’s Vietnam Veterans Peace Memorial Amphitheater. The ceremony for undergraduates in the College of Arts and Sciences is scheduled for Saturday.
Tsarnaev may never have graduated, even had he and his brother not chosen to perpetrate one of the worst terrorsist acts on U.S. soil. At the time of his arrest, he had a cumulative GPA of 1.094.
But perhaps he could have been among those students celebrating a new a beginning this weekend instead of facing a death sentence.
And everything could have been different.
Sister Catherine Ann Cesnik in 1970
We’ve been hearing a lot about corruption at the Baltimore Police Department lately. Yesterday I read a fascinating story about a cold case that shows the corruption there has a long history. If you’re interested in true crime stories and corruption in the Catholic Church, I highly recommend this piece by Laura Bassett at The Huffington Post,
Buried In Baltimore: The Mysterious Murder Of A Nun Who Knew Too Much.
It’s the story of the murder of a nun who had tried to help girls who were being sexually abused by at least one priest at a Baltimore Catholic school in the late 1960s. Here’s the introduction. I hope it grabs you and you decide to read the entire long article.
On a frigid day in November 1969, Father Joseph Maskell, the chaplain of Archbishop Keough High School in Baltimore, called a student into his office and suggested they go for a drive. When the final bell rang at 2:40 p.m., Jean Hargadon Wehner, a 16-year-old junior at the all-girls Catholic school, followed the priest to the parking lot and climbed into the passenger seat of his light blue Buick Roadmaster.
It was not unusual for Maskell to give students rides home or take them to doctor’s appointments during the school day. The burly, charismatic priest, then 30 years old, had been the chief spiritual and psychological counselor at Keough for two years and was well-known in the community. Annual tuition at Keough was just $200, which attracted working-class families in deeply Catholic southwest Baltimore who couldn’t afford to send their daughters to fancier private schools. Many Keough parents had attended Maskell’s Sunday masses. He’d baptized their babies, and they trusted him implicitly.
This time, though, Maskell didn’t bring Wehner home. He navigated his car past the Catholic hospital and industrial buildings that surrounded Keough’s campus and drove toward the outskirts of the city. Eventually, he stopped at a garbage dump, far from any homes or businesses. Maskell stepped out of the car, and the blonde, freckled teenager followed him across a vast expanse of dirt toward a dark green dumpster.
It was then that she saw the body crumpled on the ground.
Father A. Joseph Maskell
The week prior, Sister Cathy Cesnik, a popular young nun who taught English and drama at Keough, had vanished while on a Friday-night shopping trip. Students, parents and the local media buzzed about the 26-year-old’s disappearance. People from all over Baltimore County helped the police comb local parks and wooded areas for any sign of her.
Wehner immediately recognized the lifeless body as her teacher. “I knew it was her,” she recalled recently. “She wasn’t that far gone that you couldn’t tell it was her.”
Cesnik was still clad in her aqua-colored coat, and maggots were crawling on her face. Wehner tried to brush them off with her bare hands. “Help me get these off of her!” she cried, turning to Maskell in a panic. Instead, she says, the priest leaned down behind her and whispered in her ear: “You see what happens when you say bad things about people?”
Maskell, Wehner understood, was threatening her. She decided not to tell anyone. “He terrified me to the point that I would never open my mouth,” she recalled.
Now, decades later, a group of women who attended Keogh back in those days are working together with a journalist and a former Baltimore police office to find out who killed Sister Cathy.
Posted: April 18, 2015 Filed under: morning reads | Tags: death penalty, Dzhokhar Tsarnaev, Second anniversary of Boston bombing
Copley Square News Stand, Boston
On Wednesday, April 15, Boston marked the second anniversary of the Boston Marathon bombing, now called “One Boston Day,” with a moment of silence at 2:49PM. That was the time that two bombs exploded about 12 seconds apart among crowds of people near the marathon finish line, leaving three people dead and 264 people injured–many of whom lost limbs.
Reuters reports: Boston marks somber second anniversary of deadly marathon bombing.
(Reuters) – Boston marked the second anniversary of the deadly attack on its annual marathon on Wednesday with a quiet ceremony at the site where three died, unveiling a pair of banners marked with a heart.
Mayor Marty Walsh joined a group of survivors of the April 15, 2013, blasts, including Jane and Henry Richard, whose 8-year-old brother Martin was the youngest killed, as well as Jeff Bauman, who lost both legs. Some 264 people, including spectators, volunteers at runners at the Boston Marathon were injured.
At 2:49 p.m. ET (1849 GMT) New England’s largest city will observe a moment of silence to mark the time the first bomb went off.
“Our thoughts and prayers are with the victims and their families, who seek to make sense of that awful day,” said Massachusetts Governor Charlie Baker. “Those most affected by the events of two years ago have shown us all the way back with their courage, grace and determination.
At Fenway Park, there was a pause during the Red Sox-Nationals game to observe the city-wide moment of silence at 2:49PM.
On Patriots’ Day this coming Monday April 20th, runners will gather in Hopkinton, Massachusetts for the 119th running of the 26 mile race to the finish line in Copley Square.
Security for this year’s race will be higher than ever, and that is causing some controversy.
NPR’s Morning Edition: Boston Marathon Surveillance Raises Privacy Concerns Long After Bombing.
Nearly a million people will line the streets to watch the Boston Marathon on Monday, and someone else will be watching them. Bill Ridge with the Boston Police says video surveillance is a big part of the security plan.
“We’ve got a lot of cameras out there,” he says. “We’re going to be watching the portions in Boston — particularly the routes along Boylston Street, the finish line.” …. Video footage helped identify the terrorists, and the number and quality of video cameras has gone up since then.
The extent of the surveillance of Boston described in the article is troubling. NPR talked to Mark Savage of Lan-Tel Communications, which is in charge of surveillance for the marathon.
“I’m zooming in on the infield of Fenway Park,” he says while maneuvering a camera. He uses a laptop to swivel and zoom the HD video camera on a building hundreds of yards away from the ballpark. The zoom is so powerful, Johnson says it could probably tell whether a Red Sox pitcher has thrown a strike or a ball.
In the same way that televisions have gotten higher resolutions through the years, so have video cameras — and Johnson says cheaper bandwidth and data storage make it easy to record more, better-quality video.
Flowers placed at the finish line of the Boston Marathon last week (from NPR).
Apparently the Boston Police have already installed a lot of surveillance equipment around the city.
Kade Crockford of the American Civil Liberties Union of Massachusetts says she understands the need for surveillance at a big public event like the Boston Marathon — but objects to expanding its use. While standing outside the Old State House, she points out four different surveillance cameras catching her every move.
“[A big event] doesn’t trigger privacy concerns,” she says. “What does trigger privacy concerns is the City of Boston installing a network of cameras — some in residential neighborhoods — that enable law enforcement to track individual people from the moment that we leave our homes in the morning until the moment we return at night, seeing basically everywhere we went and everything that we did.”
Boston Police won’t say how many cameras are already in the city’s network, or how many new ones are going up for the marathon. But some of them will stay online afterward.
The anniversary and the storied Boston foot race comes during a pause in the trial of Dzhokhar Tsarnaev, who was found guilty on all counts on Wednesday April 8. The jury still must decide whether Tsarnaev will get live in prison without parole or the death penalty. Technically, the break before the penalty phase is to allow the defense more time to prepare their witnesses, but it would have been difficult for jurors to deal with life and death questions during the bombing anniversary and the running of this year’s race.
The family of Boston Marathon bombing victim Martin Richard joins Boston Mayor Marty Walsh (R) at a ceremony at the site of the second bomb blast on the second anniversary of the bombings in Boston, Massachusetts April 15, 2015. REUTERS/Brian Snyder
Kevin Cullen at The Boston Globe suggests other questions about the bombing that need to be answered.
Break in Dzhokhar Tsarnaev’s trial allows for reflection.
A Boston cop I know, who was at the finish line when the bombs exploded and who saved lives that day, has a question.
“Who were the FBI agents who interviewed Tamerlan Tsarnaev after the Russians raised questions about him two years before the bombings, and why didn’t they recognize Tamerlan from the photos the FBI released?” he asked.
It’s a good question, one that the prosecution won’t want to ask, one that the defense needs to ask, if it isn’t deemed irrelevant by O’Toole.
The defense has argued all along that Dzhokhar Tsarnaev was steered into the bombing plot by his older, domineering, more-radicalized brother. Tamerlan Tsarnaev, dead almost two years, will be mentioned as often as his little brother in this phase of the trial.
Cullen says the FBI did good work after the bombs went off, but . . . .
But that nagging question — why wasn’t Tamerlan Tsarnaev identified earlier — won’t go away. And it feeds the nagging sense that the FBI knows far more about Tamerlan Tsarnaev than it’s sharing.
Nor will questions about Tamerlan’s wife, Katherine, go away. The government broadly hinted but never came right out and said they believe the bombs or at least components for the bombs were assembled at the Cambridge apartment Katherine and Tamerlan shared with their daughter, a toddler.
The defense didn’t try to debunk the suggestion nearly as strongly as you might think because it allowed them to point out that the fingerprints on all the tools that might have been used to make the bombs were Tamerlan’s, not Dzhokhar’s.
Why wasn’t Katherine charged? Did she cooperate with investigators?
One of the other nagging questions is whether the Tsarnaev brothers had any accomplices in gathering all the gunpowder from fireworks they used in their bombs. Listening to testimony about how much powder was needed to make the bombs, it seemed like the Tsarnaev brothers would have to be doing nothing else but dismantling fireworks for months.
All good questions and there are more good ones at the link. Cullen notes that we particularly need answers about why the FBI shot and killed Ibragim Todashev, who was potentially their best source of information about Tamerlan and his motives.
The Feds are getting plenty of pushback here in the Boston area on their goal of putting Dzhokhar Tsarnaev to death. After all, Massachusetts does not have the death penalty. Victims families and survivors as well as citizens have expressed their wishes that Tsarnaev be allowed spend the rest of his life in prison.
WBUR Boston (NPR): Death Penalty For Tsarnaev Increasingly Unpopular, WBUR Poll Finds.
The survey (topline, crosstabs) of 509 registered voters in Greater Boston found 58 percent support life in prison for Tsarnaev. That number rises to 61 percent among voters in the city of Boston.
“Over the last month, we’ve seen support for life in prison grow by about 10 points [in the Boston area],” said Steve Koczela, president of the MassINC Polling Group, which conducts surveys for WBUR.
According to the poll, only 31 percent of Boston area residents said they support the death penalty for Tsarnaev. That support drops to 26 percent in the city of Boston.
The earlier WBUR survey was conducted last month, while the first phase of the Tsarnaev trial was ongoing. The latest poll was conducted just days after his conviction.
People’s feelings about executing the convicted bomber are on par with how they view the death penalty in general.
Fifty-seven percent in the Boston area and 63 percent in the city of Boston oppose the use of the death penalty broadly.
The parents of Martin Lawrence have begged the prosecution to drop the death penalty request.
In a posting on Facebook and on her Twitter account, Jennifer L. Lemmerman wrote that she continues to mourn the loss of her younger brother, who was widely lauded after his murder.
Lemmerman, a graduate of Boston College School of Social Work and an alderwoman in Melrose, wrote that she will never forgive Tsarnaev for ending her brother’s life.
But, she also wrote, she does not believe in the death penalty even after what has happened to her and her family.
“Whenever someone speaks out against the death penalty, they are challenged to imagine how they would feel if someone they love were killed. I’ve been given that horrible perspective and I can say that my position has only strengthened,’’ she wrote on her Facebook account.
Obviously, I think killing Tsarnaev would be wrong and counterproductive. The death penalty would only turn him into a martyr anyway, and it would mean years, perhaps decades of court battles in which he would get unnecessary and undeserved public attention; and the victims families would be forced to relive their pain and loss again and again.
As always, this is an open thread. Please feel free to comment and post links on any topic.
Posted: May 13, 2014 Filed under: morning reads, Republican politics, U.S. Politics | Tags: Boston Marathon bombing, Chamber of Commerce, Climate change, Comcast, Danny Sun Jr., death penalty, drug rings, FCC, global warming, greenhouse gases, immigration, internet fast lane, John Boehner, net neutrality, Oklahoma botched execution, polar melt, Portland Maine drug gangs, Robert James Campbell, Ruger P95, Safwan Madarati, Tamerlan Tsarnaev, Texas execution, Tom Donohue, Tom Wheeler, Waltham triple murder, Watertown drug gang, Watertown shootout, West Antarctica ice sheet
I have a mixture of links for you today, with no overall theme whatsoever. There is news happening out there, but somehow it still feels like a slow news month so far. Maybe it’s just because it feels like nothing is really happening that will change the “malaise” in the country, to use Jimmy Carter’s term. The economy doesn’t really seem to be improving for 90 percent of us, and the bottleneck in Congress feels unbreakable. So here are some stories that caught my eye.
From The New York Times: Scientists Warn of Rising Oceans From Polar Melt.
A large section of the mighty West Antarctica ice sheet has begun falling apart and its continued melting now appears to be unstoppable, two groups of scientists reported on Monday. If the findings hold up, they suggest that the melting could destabilize neighboring parts of the ice sheet and a rise in sea level of 10 feet or more may be unavoidable in coming centuries.
Global warming caused by the human-driven release of greenhouse gases has helped to destabilize the ice sheet, though other factors may also be involved, the scientists said.
The rise of the sea is likely to continue to be relatively slow for the rest of the 21st century, the scientists added, but in the more distant future it may accelerate markedly, potentially throwing society into crisis.
“This is really happening,” Thomas P. Wagner, who runs NASA’s programs on polar ice and helped oversee some of the research, said in an interview. “There’s nothing to stop it now. But you are still limited by the physics of how fast the ice can flow.”
Read details about the two studies at the NYT link. Richard B. Alley, scientist not involved in the studies noted that what’s happening in Antarctica is only one source of future climate change disasters.
He added that while a large rise of the sea may now be inevitable from West Antarctica, continued release of greenhouse gases will almost certainly make the situation worse. The heat-trapping gases could destabilize other parts of Antarctica as well as the Greenland ice sheet, potentially causing enough sea-level rise that many of the world’s coastal cities would eventually have to be abandoned.
“If we have indeed lit the fuse on West Antarctica, it’s very hard to imagine putting the fuse out,” Dr. Alley said. “But there’s a bunch more fuses, and there’s a bunch more matches, and we have a decision now: Do we light those?”
So it’s not as if we actually have the rest of the century to deal with the problem. Maybe the right wing nuts should start building an ark.
From Politico: Chamber of Commerce gives ultimatum to GOP.
The GOP shouldn’t even field a presidential candidate in 2016 unless Congress passes immigration reform this year, U.S. Chamber of Commerce President Tom Donohue said Monday.
“If the Republicans don’t do it, they shouldn’t bother to run a candidate in 2016,” Donohue joked at an event on infrastructure investment in D.C. “Think about that. Think about who the voters are. I just did that to get everybody’s attention.”
Republicans have focused on an immigration overhaul as a way to woo Hispanic voters, who have increasingly drifted to Democrats over the past two election cycles. Growing Hispanic populations in Nevada, Texas and elsewhere could make those states more amenable to Democrats in the future.
Apparently, Donohue still thinks he can light a fire under the asses of the Tea Party nuts in the House. Good luck with that.
Politico also reports that John Boehner may be tiring of the frustrating job of Speaker of the dysfunctional House of Representatives: John Boehner can’t promise another 2 years as speaker.
The Ohio Republican, speaking to a luncheon here [San Antonio, TX] sponsored by a group of local chambers of commerce, said he can’t “predict what’s going to happen” and stopped short of fully committing to serving another full two-year term.
“Listen, I’m going to be 65 years old in November,” Boehner said. “I never thought I’d live to be 60. So I’m living on borrowed time.”
It’s extraordinarily rare for Boehner to sit down for an open-ended, live interview, but he did so here with the Texas Tribune’s Evan Smith, a mainstay of the Lone Star State’s journalism scene. He touched on issues ranging from immigration to Benghazi to his quiet campaign to persuade Jeb Bush to run for president….
Boehner’s noncommittal response about his future will reverberate from here all the way back to Capitol Hill and K Street. His future has been a topic of constant chatter among political types. Even people inside his orbit privately wonder why the Ohio Republican would want to serve another term wielding the speaker’s gavel, given the tumultuous political climate in Washington. Last week, Boehner beat back two primary opponents to ensure his House reelection.
Much more interesting Boehner news at the link.
Texas plans to execute death row prisoner Robert James Campbell today, and they aren’t the least bit concerned about the recent horrifically botched execution in Oklahoma. From the NYT: Confronted on Execution, Texas Proudly Says It Kills Efficiently.
HUNTSVILLE, Tex. — If Texas executes Robert James Campbell as planned on Tuesday, for raping and murdering a woman, it will be the nation’s first execution since Oklahoma’s bungled attempt at lethal injection two weeks ago left a convicted murderer writhing and moaning before he died.
Lawyers for Mr. Campbell are trying to use the Oklahoma debacle to stop the execution here. But many in this state and in this East Texas town north of Houston, where hundreds have been executed in the nation’s busiest death chamber, like to say they do things right.
For two years now, Texas has used a single drug, the barbiturate pentobarbital, instead of the three-drug regimen used in neighboring Oklahoma. Prison administrators from other states often travel here to learn how Texas performs lethal injections and to observe executions. Texas officials have provided guidance and, on at least a few occasions, carried out executions for other states.
Even the protesters and television cameras that used to accompany executions here have, in most cases, dissipated. “It’s kind of business as usual,” said Tommy Oates, 62, a longtime resident who was eating lunch last week at McKenzie’s Barbeque, about one mile from the prison known as the Walls Unit. “That sounds cold, I know. But they’re not in prison for singing too loud at church.”
That’s Texas’ claim to fame now, I guess–efficient executions. Practice makes perfect.
The LA Times broke some news this morning about deceased alleged Boston Bomber Tamerlan Tsarnaev. The paper has learned that the gun Tsarnaev use in a shootout with police in Watertown, Massachusetts a few days after the Marathon bombing was linked to a drug gang in Portland, Maine.
When police confronted Tamerlan Tsarnaev four nights after the Boston Marathon bombing last year, he leaped from his car with a 9-millimeter semiautomatic pistol and opened fire….
The tale of that handgun, a black Ruger P95, Serial Number 317-87693, offers new insights into the Boston tragedy and holds warnings of other potential dangers.
Its journey from a street gang that peddled crack cocaine in Portland, Maine, to the grisly shootout in a Boston suburb tells much about illicit drug and gun trafficking in New England, and perhaps more about Tsarnaev.
Authorities believe Tsarnaev’s ties to the illicit drug trade in Maine helped finance his six-month trip to the southern Russian republics of Chechnya and Dagestan in early 2012, where he became radicalized. Drug money, they say, also may have helped him buy components of the bomb that killed three people and injured more than 260 on April 15, 2013.
The Times learned about this from records “obtained” from the Justice Department records. The gun had originally been purchased legally by an LA man named Danny Sun, Jr. living in Portland, Maine. It’s not clear exactly how Tsarnaev got the gun, but the serial numbers had been fined down. Police were able to “raise” the serial number using with “forensic techniques.”
Curiouser and curiouser. Last June, I wrote a post in which I argued for a drug connection to the Tsarnaev brothers and a horrific September 11, 2011 triple murder in Waltham, Massachusetts; but I suspected a connection with an international drug ring centered in Watertown, Waltham, and Newton. I have continued following this story closely for the past year. Now this. I don’t know what to think. I only know that this background of the Boston Marathon bombings is incredibly complex and mysterious.
I don’t know how many people have been following the latest discussions about net neutrality. This is going to be an important week in the fight between internet users and the Cable giants. Here’s the latest from Radio survivor: FCC Chair Wheeler Shuffles Open Internet Deck Ahead of Meeting.
This is a tough week to be Tom Wheeler, Chairman of the FCC. This Thursday he has an open meeting where he plans to present his Open Internet proposal to the full Commission. As details have come to light a very broad coalition of companies, organizations and legislators–from 150 tech firms like Netflix and Google to the ACLU and NOW–have expressed strong criticisms of it.
At issue are proposed rules that would permit some companies to pay internet service providers for a so-called fast-lane into consumers’ homes. No matter how much Wheeler has tried to assure everyone that the Commission will seriously police for instances where an ISP degrades content from competitors or sources that haven’t paid for an express lane, critics remain unconvinced. That’s because Wheeler’s proposed standard says “commercially reasonable” discrimination of internet traffic is OK, but “commercially reasonable” is a vague and ill-defined standard that seems to have loopholes big enough to drive a truck through.
Because of the backlash even two of his fellow Commissioners, Democrat Jessica Rosenworcel and Republican Ajit Pai, have called for a delay of Thursdays vote on the proposal. There is no indication that Wheeler is heeding their call.
Wheeler is actually talking about regulating the internet like a “common carrier,” like it does phone companies. In other words, internet provider would be treated like public utilities. I’m not holding my breath though. From Politico: Tom Wheeler scrambles to salvage net neutrality plan.
Federal Communications Commission Chairman Tom Wheeler is on the clock and scrambling to salvage his controversial net neutrality plan as the commission counts down to a crucial vote on Thursday.
According to FCC officials, he circulated his latest revisions Monday — trying to pick up the two votes he needs to pass the notice of proposed rule-making to ensure an open Internet.
In the most significant change, Wheeler will seek public comment on whether the FCC should reclassify broadband as a communications utility, giving the agency authority to regulate Internet rates and services as it does with telephone companies, according to commission officials. Net neutrality advocates favor that option as more robust, but it’s opposed by telecoms that fear it will give the government too much power over their business.
Wheeler’s original plan sparked outrage after details emerged that it would allow Internet-service providers, such as AT&T and Verizon, to charge companies like Netflix, Amazon and Google for faster delivery of content. The revised proposal keeps that basic approach but would seek comment on whether a “fast lane” should be banned. It also proposes a new ombudsman position at the FCC to act as a net neutrality advocate for startups and consumers.
So the “fast lane” is still included in the plan. I can’t see how that would be a benefit to ordinary internet users. I guess we should enjoy what we have for now, because the internet as we know it is in serious danger. This is an important story!
So . . . those are my offerings for today. What are you reading and blogging about?