Tuesday Reads: Larry Klayman v. NSA; CBS’ 60 Minutes v. Truth; and Police v. Foreign Diplomats
Posted: December 17, 2013 Filed under: abortion rights, birth control, Foreign Affairs, India, Media, morning reads, NSA, National Security Agency, Patriot Act, Reproductive Rights, U.S. Politics | Tags: Austrian consul, Benghazi, CBS' 60 Minutes, Devyani Khobragade, diplomatic immunity, FISA court, Freedom Watch, Indian embassy NYC, Judge Richard Leon, Judicial Watch, LA Sheriff's Office, Lara Logan, Larry Klayman, NYPD, right to privacy, winter weather 79 CommentsGood 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.
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.
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.
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.
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!
Christmas Day Reads
Posted: December 25, 2012 Filed under: morning reads | Tags: historical Jesus, history of Christianity, Palestinians, Santa Claus, St. Paul, White Jesus myth, winter weather, wrapping paper 79 CommentsGood Morning! Merry Christmas and Happy Holidays, Everyone! However you choose to celebrate the return of the light, may your days be happy and bright!
We’ve got a tiny bit of snow in the Boston area this morning–not enough for a white Christmas, just a dusting with a few flakes still coming down. I guess the real stormy weather today will be in the South and Southeast. I hope everyone down there stays safe!
To be honest, I’m very glad that I don’t have to go anywhere today and I’m going to spend my day peacefully alone, except for talking to loved ones on the phone. I do have a few suggested reads for you this morning and a couple of videos to watch if you have the time.
Most Americans have grown up with an image of a Jesus savior with white skin and light brown hair. We don’t know for sure if there was a historical Jesus, but if so, he probably had dark skin and hair. From The Final Call: Color struck: America’s White Jesus is a global export and false product, by Wesley Muhammed.
What color was Jesus? Most American Christians—Black and White—would dismiss this question as both irrelevant and unanswerable as the Gospels fail to give us a physical description.
The irony is that most of these same Americans in their heart of hearts are pretty confident any way that they know what color Jesus was. They attend churches with images of a tall, long haired, full bearded White man depicted in stained glass windows or painted on walls, and they return home to the same depictions framed in their living room or illustrating their family Bibles.Further compounding the irony is the fact that America actually has an obsession with the (presumed) color of Christ and has exported her White Americanized Savior around the world, as recently documented by Edward J. Blum and Paul Harvey in their book, The Color of Christ: The Son of God and the Saga of Race in America (2012).
In fact, the world’s most popular and recognizable image of Christ is a distinctly 19th-20th century American creation. It is true that versions of the “White Christ” appear in European art as early as the 4th century of the Christian era, but these images coexisted with other, nonwhite representations throughout European history. The popularity of the cult of the Black Madonna and Black Christ throughout Europe is evidence of the fact that the European ‘White Christs’ never acquired the authority and authenticity that the White Christ now has globally. This Christ and his authority are American phenomena. As a predominantly Protestant nation Early America rejected the imaging of Christ that characterized European Catholicism.
Much more at the link. And from Alternet, This Christmas, Let’s Remember, Jesus Was A Palestinian, by Gideon Polya.
On Christmas Day this year the World will again celebrate the birth of Jesus but needs to loudly and publicly proclaim the truth that Jesus was a Palestinian. Goodhearted and honest Christians, Muslims, Hindus, Buddhists, Sikhs, Jains, Jews, Animists, Agnostics and Atheists would all agree that Jesus was a wonderful humanitarian, and an outstanding moral philosopher.
All of us, from Atheists to Zoroastrians, recognize Jesus as the most renowned Indigenous Palestinian. Today under US-, UK-, Canada- and Australia-backed and racist Zionist-run Apartheid Israel the land of Palestine has been 90% ethnically cleansed of Indigenous Palestinians, 75% of Christian Palestinians have fled the Occupied West Bank, and Palestine, one of the oldest civilizations in the world, is peculiar in being denied de facto statehood and remains violently occupied by a nuclear terrorist, rogue state run by genocidally racist European colonizers.
Palestine is the land west of the Jordan River and derives its name from the Philistine sea people who settled the coastal region in circa 1200 BC and are referred to from that time onwards by the Egyptians and thence by the Assyrians in circa 740BC. Canaanite, the name given to Palestinians in the Old Testament of the Holy Bible, refers to people trading in the purple cloth of the great Semitic Phoenician civilization. The great 5th century Greek historian Herodotus (c irca 484 – 425 BC) referred to ”These Phoenicians… now inhabit the sea coast of Syria; that part of Syria and as much of it as reaches Egypt, is all called Palestine”. The Jewish Roman historian connected with the Hasmonean Jewish aristocracy, Josephus (37-circa 100 CE), was involved in the First Jewish Roman War (67-33 CE) but thence rejected rebellion against Rome as inspired by fanatics. Josephus referred to Jews as among the inhabitants of Palestine (see “The International Standard Bible Encyclopaedia”, volume 3).
The forebears of the Indigenous Palestinians were the Semitic inhabitants of Palestine and participants in the agrarian revolution in the Fertile Crescent that was one major nucleus of human agrarian civilization.
It’s a long read, but check it out if you have some extra time.
From the Grio: Christmas 2012: The burden of being a black Santa, by Brittany Tom.
Although they’re only employed for about two months of the year, it certainly doesn’t stop these dedicated men to don long white beards and red velvet jumpsuits.
But a few men across the U.S. are attempting to challenge the iconic image of Santa Claus, with the simple phrase: “Why can’t Santa be black?”
Dion “Santa Dee” Sinclair has started an entire business around the image of the African-American Santa Claus. Sinclair along with his two other black Santa Clauses, Santa Bob and Santa Tee, have provided the same Santa magic to children in multicultural communities in Atlanta, Georgia. Sinclair believes it’s important for children, especially minorities, to have a prominent icon they can culturally identify with.
“A black Santa is something that they can associate with. It’s black Santa, and I’m a black person.” Sinclair told theGrio in a phone interview. “[These kids] can associate with having a black Santa or a black angel on the Christmas tree because they’re black. There shouldn’t always be a white angel or a white Santa.”
Having grey hair since he was a child and a”salt and pepper” beard in high school, Sinclair said that becoming the iconic role of Santa Claus was his destiny. Now, this southern Santa has turned his ‘destiny’ into a family-run business hiring everyone in his family from his mother who plays Mrs. Claus to his youngest daughter who stars as Elf Gigi.
At The Daily Beast, James D. Tabor asks, “Should Christians Celebrate the Birth of Jesus or Paul?”
Millions celebrate the birth of Jesus without realizing that it was the Apostle Paul, not Jesus, who was the founder of Christianity. Jesus was a Jew not a Christian. He regularly went to the synagogue on the Sabbath day, read from the Torah, observed the Jewish festivals such as Passover and Yom Kippur, and quoted the Shema: “Hear O Israel, The Lord our God is One Lord.” In Jesus’ day the closest holiday to Christmas was the Roman celebration of the Saturnalia.
The Romans crucified Jesus for sedition in the year 30 AD, but his apostles, led by James his brother, continued his movement, believing that Jesus would return from heaven as the triumphant Messiah. They were called Nazarenes and lived as Jews alongside other Jewish sects of the time such as the Pharisees, Sadducees, or Essenes.
Paul never met Jesus. He was not one of the original apostles. He was a zealous Pharisee who initially opposed Jesus’ followers and supported moves to repress them. His opposition to the movement dramatically reversed about seven years after Jesus’ death when he began to experience a series of clairvoyant visions—“revelations of Jesus Christ” he called them. Paul adamantly insisted that the message he preached did not derive from the apostles before him. He refers to James, Peter, and John, as the “so-called pillars of the church,” but quickly adds—“what they are means nothing to me,” insisting on his independence, based on his direct visionary access to Jesus. Over a span of three decades Paul had contact with the apostles in Jerusalem on only two or three visits, during which tensions were high. He operated independently in Asia Minor and Greece, preaching his message to non-Jews.
What Paul preached—his “gospel” as he called it—forms the basis of Christianity today. Paul taught that Christ was the divine Son of God who became incarnate, “born of a woman,” as he puts it. Jesus lived a sinless life and died as an atoning sacrifice for the sins of the world. He was raised from the dead and exalted to the right hand of God in heaven, soon to return to judge the world. Those who accept Christ and his offer of salvation by faith will be saved, and those who reject it will be condemned. The reason this message sounds so familiar, so “Christian,” is that this gospel Paul preached became the basis of the major Christian creeds—from the early Apostles creed to the Nicean creed in the time of the emperor Constantine.
Whether or not there was a historical Jesus, everything we know about him is based on folklore. A few years ago I watched a fascinating documentary called The God Who Wasn’t There. It’s all about the history of Christianity. I watched it again last night on Youtube and found it just as compelling as my first viewing. It’s about an hour long and well worth the time if you’re interested in religious history. I can’t get it to embed, but you can watch it here.
At the Atlantic, Megan Garber offers Wrappers’ Delight: A Brief History of Wrapping Paper
There will likely come a day, sometime in the not-too-distant future, when we look back on wrapping paper with the kind of retrospective condescension we reserve for the most naive elements of our history. Wasting precious paper — killing trees — for decoration! Spending money on a total frivolity! How ridiculous people were back then!
And it is true: The money we spend on it notwithstanding — $2.6 billion annually, per one estimate — there is something quite trivial about wrapping paper. As much as half of the 85 million tons of paper products Americans consume each year, apparently, goes toward packaging, wrapping, and decorating objects — and wrapping paper and shopping bags on their own account for about 4 million tons of the trash we create annually in the U.S. In Britain, per one estimate, people throw away 226,800 miles of wrapping paper over the holidays alone — enough to stretch nine times around the world….
But where did the wrapping tradition come from? Why do we, each time we give a gift, ritually wrap that offering in decorative tree pulp? The short answer is that wrapping, as a practice, has been around for ages — literally, ages. The Japanese furoshiki, the reusable wrapping cloth still in use today, is a pretty faithful rendition of the version that’s been around since the Edo period. The Korean bojagi dates from the Three Kingdoms Period, possibly as early as the first century A.D. In the west, using paper as a covering for gifts has been a longstanding, if largely luxury-oriented, practice: Upper-class Victorians regularly used elaborately decorated paper — along with ribbons and lace — to conceal gifts. In the early 20th century, thick, unwieldy paper gave way to tissue (often colored in red, green, and white) that would similarly work to conceal offerings until they were opened. The practice was echoed in a slightly more practical form by stores, which would wrap customers’ purchases in sturdy manila papers.
Learn more at the link.












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