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Month: December 2008

Algiers Point Update

by dday

Following up on a previous item about white vigilante killings of black residents in the aftermath of Hurricane Katrina, the Police Superintendent of New Orleans says he is “looking into” the allegations. Given the seriousness of that statement, I’m certain it’ll be entirely thorough.

In a press release sent to the media and local government officials, Riley said, “he is currently looking into the allegations, and asked if anyone has substantial information relative to any incidents of this type call to the New Orleans Police Department Bureau of Investigations.” […]

Riley said the NOPD was unaware of this violence prior to the story’s publication. The department, according to Riley’s statement, “did not receive any complaints or information to substantiate any of the allegations of racial conflicts or vigilante type crimes in the City of New Orleans including the Algiers Point on the west bank of the City.”

That’s just simply not true. Not only did the authors of the recent report contact the NOPD during the 18-month investigation, but this is not a new story. It was featured in the Spike Lee documentary “When The Levees Broke,” for example.

Needless to say, I’m unimpressed that Riley will be “looking into” the incidents, but public pressure will likely leave him no choice. If you haven’t yet, sign the Color of Change petition.

…here’s the companion video to the Nation/Pro Publica story.

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Tasers Across The Pond And Everywhere

by digby

Finally, someone has written a thoughtful argument against tasers in a mainstream newspaper. It’s in Britain, but they are on verge of going full taser, so it’s right that they should be discussing it. It’s more than we ever did here in the US.

Johann Hari:

Daniel Sylvester can’t forget the night the police fired 50,000 volts of electricity into his skull. The 46-year-old grandfather owns his own security business, and he was recently walking down the street when a police van screeched up to him. He didn’t know what they wanted, but obeyed when they told him to approach slowly. “I then had this incredible jolt of pain on the back of my head,” he explains. The electricity made him spasm; as he fell to the ground, he felt his teeth scatter on the tarmac and his bowels open. “Then they shot me again in the head. I can’t describe the pain.” (Another victim says it is “like someone reached into my body to rip my muscles apart with a fork.”) The police then saw he was not the person they were looking for, said he was free to go, and drove off. This did not happen in Egypt or Saudi Arabia or any other country notorious for using electro-shock weapons. It happened in north London and, if the Home Secretary, Jacqui Smith, has her way, it will be coming soon to a street near you. In Britain there are 3,000 police officers trained to use Tasers as part of specialised armed response units, but Smith has fired a jolt forward. She wants there to be 30,000 Taser-carrying officers, authorised to use them against unarmed citizens, including children. These “stun-guns” fire small metal darts into your skin, and through the trailing wires run an agonising electric current through your body. Smith is right to say that the police face a growing threat of violence, and these heroic frontline officers must have the means to defend themselves. She’s also right to argue it better to use a Taser than to use a gun. But the police can already swiftly call out armed response teams, equipped with Tasers and firearms. If we move beyond this to a widespread culture of assault by electricity, it will only endanger the police – and the rest of us.Smith wants Tasers to be distributed well beyond the ranks of specially trained firearms officers, but Tasers can kill. Amnesty International has just published a report showing that, since 2001, 334 people have died in the US during or just after Tasering. Jarrel Gray was a partially deaf 20-year-old black man involved in an argument in the street in Frederick County, Maryland, when the police approached him and ordered him to lie on the ground. He didn’t hear them – so they Tasered him. As he lay paralysed on the ground, they told him to show his hands. He couldn’t obey. They Tasered him again. Jarrel died in hospital two hours later. Ryan Rich was a 33-year-old medical doctor who had an epileptic seizure while driving his car on a Nevada highway. He crashed into the side of the road. The police smashed a window to get into the car and Ryan woke up, startled. The police officer reacted by Tasering him repeatedly. Only when they were handcuffing him did they notice he was turning blue. He was dead before he got to hospital. The coroner noted dryly that the Taser “probably contributed” to his death. Taser International’s brochures claim their weapons have “no after-effects.”There may, in fact, be even more deaths than are recorded. Taser International has responded to medical examiners saying their weapons kill not by changing their weapons, but by suing the medical examiners. After the chief medical examiner of Summit Country, Ohio, ruled that Tasering caused the death of three young men, they sued her, and she was forced to remove the conclusions from her reports. The president of the National Association of Medical Examiners says Taser International’s behaviour is “dangerously close to intimidation”. Yet Smith appears still to be taking the corporate propaganda of Taser International – who dominate the international stun-gun market – at face value. The company are startlingly glib when their spiel begins to crumble. A recent scientific study conducted by biomedical engineers for the Canadian Broadcasting Corporation found that nine per cent of the guns give a far larger electric shock than advertised. Some sent a 58 per cent higher voltage through the victim’s body. Steve Tuttle, the vice-president of Taser, responded: “Regardless of whether or not the anomaly is accurate, it has no bearing on safety.” The UK Defence Scientific Advisory Council has warned there is research suggesting that Tasers could cause “a serious cardiac event” when fired at children. But still Smith won’t compromise. Everyday on-the-beat policing does not happen in the tightly controlled scenarios imagined by the Home Office. It is messy and scrappy and carried out at high speed by people who are frightened and coursing with adrenaline: some 90 per cent of Tasered people in the US are unarmed. Matthew Fogg, who led a SWAT team in the US, warns that Tasers create a culture where “if I don’t like you, I can torture you”.

Read the whole thing.

Sadly, we have yet another statistic:

A naked man who was banging on doors and windows at a northside apartment complex died Wednesday after being shocked by Tasers at least three times during a confrontation with Harris County sheriff’s deputies, authorities said. About 4 a.m., deputies received calls from residents at the apartments in the 200 block of Dominion Park near Kuykendahl. Investigators said the 46-year-old man was randomly knocking on doors and windows and yelling while walking around the complex. At one point, he kicked open a front door and briefly went inside an occupied apartment, officials said. The resident “did not know who he was,” said Lt. John Legg of the Sheriff’s Office. The first deputy arrived within minutes. “He was immediately confronted by the suspect, who ran toward his patrol car, opened the front passenger door and climbed in,” Legg said. The deputy ordered the man out, but the man ignored his commands, yelling and flailing his arms, Legg said. “He was incoherent,” the lieutenant said. “The deputy said his eyes appeared glassed over.” The deputy’s Taser had little, if any, effect, officials said. After the man got out of the patrol car and pulled out the stun gun’s prongs, the deputy fired it again while struggling with the man, officials said.

Autopsy ordered

Another deputy arrived and ordered the naked man to back away, then used his Taser, investigators said. Deputies were then able to handcuff the man, officials said. He appeared to be unresponsive when paramedics arrived, officials said. They performed CPR en route to Memorial Hermann Northwest Hospital, where he was pronounced dead.

Torturing and killing the mentally ill with tasers is becoming commonplace. There must be a better way.

h/t to many readers for both of these articles.

Lovin Obama

by digby

It seems that everywhere I turn professional Republicans are falling all over themselves about how much the love our president elect. While I don’t doubt that many GOP members of the public are enthusiastic, let’s just say I’m a little bit skeptical that all these beltway insiders are being altogether sincere in their praise.

Newtie started the trend with his little scold to the RNC about the Blogjevich controversy, which I explained here. It’s a ploy, don’t believe it. When you see snakes like Alex Castellanos saying this, watch your back:

MALVEAUX: He’s an electrifying figure. He does have celebrity status as we’ve seen. How does he use that to his advantage as president? How does he turn all that attention and magnetism that surrounds this figure and become an effective communicator reaching out to the American people?

CASTELLANOS: It’s such a great gift. Reagan had it, John F. Kennedy had it. It’s become very valuable to a country when it’s uncertain about its future. How does he use it? Look at the way he’s using it now. There was interesting research done that said the president’s job is to be half late night talk show host, half Moses. He gathers the country together, share the common stories of the country, then say here is where we’re going to go. How does he use this stature, celebrity, you inspire? You don’t stop campaigning because just the campaign is over. You still communicate regularly with the country. It’s not about policy. Say, hey, here is the future. We’re going to go over here. Follow me. He’s doing that, and I think that’s an important part of leadership in this uncertain world.

That’s the guy who did the infamous “rats” ad in the 2004 election. The look on his face was so sour, you could see he was going to have to have a stiff shot after the show to wipe the taste of those words out of his mouth. He’s the guy who said that calling Hillary Clinton a bitch was just a descriptive term. If anyone thinks this guy (or Pat Robertson) has been converted, think again. They are doing this for political purposes. They want to make sure that he owns the next couple of years, which are likely to be very tough. They will obstruct, of course, but all this happy talk is a pretense designed to appease the masses who are hoping against hope that Obama can turn this ship around.

(Again, I’m not suggesting that a regular people don’t love Obama. Obviously they do and it’s a huge advantage. but I certainly hope that nobody is fooled that professional political assassins like Castellanos are caught up in it.)

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RIP Santa Baby

by digby

The great Eartha Kitt passed away today. Nobody did it better.

Here she was just two years ago at the age of 79:

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Error Message

by digby

In case anyone’s wondering why Bush retracted the pardon of his contributor’s son, it’s not because he had an attack of conscience or even because it looks bad politically to pardon a mortgage scammer.

It’s sadly because the pardon would have made it harder for the Republicans to tank Eric Holder’s nomination on the basis of the Marc Rich pardon. One of their most substantial hissy fits was that that Holder signed off on it when it hadn’t gone through proper channels (something that was not unprecedented then either.) It turns out that this Bush pardon was granted under similar circumstances.

Remember, Rove is orchestrating the Holder strategy and he’s made clear that the Rich pardon is going to be at the center of it.

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What’s Cooking?

by digby

I don’t know about you, but Christmas day for me is all about the food. And I know I’m not alone. Even people who aren’t observers of the day or the American turkey tradition often have some sort of food ritual, like my Jewish pals who always go out for Chinese food or Italians who do lasagna or Mexican friends who eat tamales. I usually listen to Christmas music and spend the entire day in the kitchen, whether I’m cooking the full meal or not.

Today, I’m making dessert for the gathering, so (aside from the traditional cookie selection, which I’ve been working on for some time) I’m making tart tatin and chocolate croissant bread pudding with creme anglaise.

What are you cooking and eating today?

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Caroling Youtube Style

by digby

Forget the bad 80s hair and try not to be shocked at how young they all look. It’s a good song.

Christmas Eve Classic (for those of us who’ve been watching David Letterman far too long…)

And if only…

Merry Christmas everybody…

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Excessive Force

by digby

A bunch of readers have sent this story to me today and it fits in quite well with another than that several forwarded to me yesterday. First, we have a vast number of ER docs saying that based upon their observations of injuries, police often use excessive force:

In a survey of a random sample of U.S. emergency physicians, virtually all said they believed that law enforcement officers use excessive force to arrest and detain suspects. The sample included 315 respondents. While 99.8 percent believed excessive force is used, almost as many (97.8 percent) reported that they had managed cases that they suspected or that the patient stated had involved excessive use of force by law enforcement officers. Nearly two thirds (65.3 percent) estimated that they had treated two or more cases of suspected excessive use of force per year among their patients, according to a report of the survey published in the January 2009 issue of the Emergency Medicine Journal. Dr. Jared Strote of the University of Washington, Seattle, and a multicenter team also found that emergency physicians at public teaching hospitals were roughly four times more likely to report managing cases of suspected use of excessive force than those at university or community teaching emergency departments. Blunt trauma inflicted by fists or feet was the most common type of injury cited in cases of suspected use of excessive force, followed by “overly tight” handcuffs. Most emergency physicians (71.2 percent) admitted that they did not report cases of suspected use of excessive force by law enforcement officers. A large majority (96.5 percent) reported that they had no departmental policies on reporting their suspicions or they did not know of a policy to guide their actions, and 93.7 percent said they had received no education or training in dealing with these situations. However, most emergency physicians (69.5 percent) felt that it was within their scope of practice to refer cases of suspected use of excessive force for investigation and almost half (47.9 percent) felt that emergency physicians should be legally required to report cases of suspected use of excessive force by law enforcement officers.

Imagine if tasering were added into the definition of excessive force, as it should be. (It doesn’t usually leave marks, so these doctors don’t see it unless the person is one of the growing number of those who are injured thudding to the ground, suffer heart attacks or … die.)

And speaking of excessive force:

Two Newburgh Heights police officers and a dispatcher were indicted Tuesday on felonious assault charges for their roles in using a Taser on a drunken driving suspect. Joseph Szelenyi, 31, of Newburgh Heights; Bobby Hoover, 32, of Brunswick; and dispatcher Christopher Minek, 25, of Strongsville are accused of hitting Kim Bankhead several times with a Taser during her arrest and processing following a traffic stop Nov. 25, 2007. Bankhead was driving away from the Crankshaft Bar with her ex-husband about 9 p.m. that evening when Hoover pulled her over. He said she smelled of alcohol and arrested her for operating a vehicle while intoxicated. Szelenyi drove up to assist. Szelenyi used a Taser twice while attempting to handcuff her and place her in the police car, said Ryan Miday, spokesman for Cuyahoga County prosecutor’s office. When they arrived at the station where Minek was working, they handcuffed Bankhead to a bench. Hoover then hit her twice with a Taser and Minek once, Miday said. At her Feb. 25 Municipal Court hearing, Bankhead pleaded no contest to operating a vehicle while intoxicated. Charges of disorderly conduct, driving in a prohibited area, failure to yield and resisting arrest were dismissed. Bankhead filed a civil suit in October against the city and three men. She is asking for $2 million.

The interesting thing about this is that they charged these officers with felonious assault with a taser. Cases like this could lead to some interesting legal reevaluation of weapon. After all, we’ve been told over and over again that there’s no harm in tasering — it’s just a little zap that doesn’t do anyone any harm. But if you can be indicted for using a taser as a weapon then someone, at least, sees that there is inherent harm in shooting people with electricity (it’s hard to believe that isn’t simple common sense) and that police should not be allowed to use them impunity any more than they can use a billy cub or a gun with impunity.
In most cases so far, the police are found to be not guilty of a crime, but at some point it’s going to become obvious that these are dangerous weapons and that standards have to be strictly enforced. This zap first and and ask questions later mentality (and the impending use of a new generation of weapons to quell dissent and break up lawful gatherings) is bound to bring these legal question to the fore. Let’s hope we haven’t gone so far down the torture rabbit hole that it’s too late.

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Blagorama

by digby

David Shuster spent most of the morning insinuating that there is more to the Blago-Obama story than meets the eye. In a conversation between Shuster and Jim Warren (fo0rmerly of the Chicgo Tribune) I learned that Rahm and Blagojevich were very close and that there’s something nefarious about Rahm and the replacement of his own House seat (which is not an appointed position.) And the fact that Obama listened to some of the tapes when he met with Fitzgerald is a very bad sign. I don’t know why.

Then Warren starts to speculate about what might have been:

Warren: I think they were a little bit too legalistic at the start particularly with the president elect saying there was no communication between him and Blagojevich, which was literally true, but we now know that Rahm Emmanuel was a conduit for the perfectly predictable set of names that Obama threw Blagojevich’s way…

But at the same time Patrick Fitzgerald is the one who is running this and I think he made it quite clear he didn’t want any folks talking and remember, you have the unusual situation there when once you have the Chicago Tribune disclose that there was some sort of taping going on, then Patrick Fitzgerald was caught sort of in mid-stream and that’s why you’ll sort of remember that the initial press conference that say was sort of the plaintive call if anybody out there had any more information. So you had the unusual situation here where he was caught a little bit flat-footed, an investigation underway and one can only imagine what might have happened if there had not been that disclosure and if Fitzgerald had been able to play this out another step or two, to keep listening unknown to the participants and see what might have happened when it came to any serious discussion of a quid pro quo for for the senate seat. But that all came crash a couple of weeks ago with the disclosure of the system…

Yes, just imagine. Perhaps they could get the Jim Henson people to create some Muppets to act out the various parts so we could really feel what those conversations would have been like if they ever took place. (And, of course, the mere fact that they are talking about the possibility of unethical conversations featuring Obama and Emmanuel has the appearance of impropriety and bad judgment right there.

Shuster is very unsatisfied and has many questions about what’s missing from the report. And the Republicans are very disappointed that Obama lied. They had such high hopes for him and he’s let them down. They are asserting that Obama promised that he would not “weigh” in on the Senate seat replacement and now it turns out that he did. (I don’t recall this promise, but it seems to be an article of faith he made it.)

And the fact that Rahm put forth some names means that Blago would take it as an order from the president that he had to pick one of them. So, Obama was, in essence, strong arming poor Blagojevich into naming the person he chose, which is probably why the prosecutor forced him to sit down and tell all he knows. And that has the appearance of impropriety and shows bad judgment, right there.

But the real problem is that Obama refused to come clean with the media:

Shuster: There’s been no evidence of wrongdoing, but the idea of going into a shell for a couple of days before Fitzgerald told them to. If from the beginning they had said, “of course we had conversations with the Governor, of course I had conversations about my house seat, here’s everything that I heard, here’s what I didn’t hear.” I think if they had said that from the beginning, and as well had told the press, “we’re going to look for more information,” I think this wouldn’t have been a three week story as it’s dragged out.

Haha! That Shuster is funny. If only Obama had said immediately that his staff had had conversations with the Governor about both Obama’s senate seat and Rahm’s house seat then the press would have shrugged its shoulders and let the whole thing go. That’s a good one.

They are obviously convinced that Rahm is guilty of conspiring with Blagojevich and today they seem to be hinting that Obama must have known about it. It’s the “chicago way,” after all. They have no proof, but they are going with that assumption anyway and it colors their coverage. I have no love for Rahm and I actually blieve he was hired by Obama partly because of his ability to put together coalitions of Blue Dogs and Republicans, which makes me feel rather ill. But this is nonsense. Whatever Rahm may have done, the press has no right to spend its time speculating and insinuating without proof and that is what’s happening all over the cable gasbags shows, particularly on Fox and MSNBC.

I agree with those who say that the public isn’t paying attention right now, but that’s not the point. The kewl kidz media clique is paying attention and they are beginning to draw conclusions based upon their own little feedback loop. That’s where the trouble always begins.

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The Strangling Tourniquet

by dday

We’re starting to see some consideration put to the planned escalation in Afghanistan, and a lot of people are finally getting around to asking the “why” instead of accepting that Obama will fulfill a campaign promise by sending 20-30,000 more troops into that hostile environment and a rapidly deteriorating occupation. The first person asking why is, interestingly enough, Afghan President Hamid Karzai:

President Hamid Karzai pressed America’s top military leader Monday on the U.S. strategy in Afghanistan and preparations to pour up to 30,000 more forces into the country, reflecting Karzai’s concerns over civilian casualties and operations in villages. Karzai asked Adm. Mike Mullen, the chairman of the Joint Chiefs of Staff, what kinds of operations the newly deployed troops would carry out and told him that the Afghan government should be consulted about those missions.

The Afghan president, stinging from a series of civilian casualties in U.S. military operations in recent years, said he doubts that sending more American forces into Afghan villages will tamp down the insurgency, and he has questioned a U.S. plan to deploy 3,500 U.S. forces in two provinces on Kabul’s doorstep next month.

Karzai told Mullen that U.S. troops must take more care during operations in Afghan villages and stop searching Afghan homes. He asked the chairman to investigate allegations that U.S. forces killed three civilians in a raid last week in Khost province, a reflection of increasing concern about civilian casualties. The U.S. says three militants were killed.

This is the central problem. A larger footprint for occupiers will do nothing for security and is likely to turn the population further against an effort they are after seven years beginning to resent. Karzai acknowledges a possible need for border protection, but troops in major Afghan cities and villages is counterproductive.

Indeed any option in Afghanistan is fraught with pitfalls right now. A surge of troops would have made sense when the population was still behind the effort and the Taliban wasn’t reconstituted as an insurgency force. Now the Taliban pretty much controls the countryside and the amount of troops needed to perform a counterinsurgency campaign cannot be brought into the country without much resentment and hatred.

“We may have missed the golden moment there,” said Lawrence Korb, a former Pentagon official who has long advocated an increased U.S. focus on Afghanistan.

The tension between the short-run need for more muscle to thwart the Taliban and the long-term trap of becoming the latest in a long line of foreign intruders bogged down in Afghanistan forms the core of the dilemma confronting Obama.

There are efforts underway to recruit local tribal militias to bolster the paltry amount of native security forces in a kind of “Afghan awakening,” but they are likely to have little or no control from the central government, not historically a factor in the country, and more likely to rule over their own areas and increase bloodshed among ethnic rivals.

“There will be fighting between Pashtuns and non-Pashtuns,” said Salih Mohammad Registani, a member of the Afghan Parliament and an ethnic Tajik. Mr. Registani raised the specter of the Arbaki, a Pashtun-dominated militia turned loose on other Afghans early in the 20th century.

“A civil war will start very soon,” he said.

NATO forces would like to stem the poppy trade that is funding the insurgency and encourage alternative crop development, but many member nations are wary of involving themselves in counter-narcotics actions.

NATO officials in Brussels declined to list the nations that have opposed widening the alliance mandate to include attacks on drug networks, and no nation has volunteered that it has legal objections.

But a number of NATO members have in broad terms described their reluctance publicly, including Germany, Italy, Poland and Spain. Their leaders have cited domestic policies that make counternarcotics a law enforcement matter — not a job for their militaries — and expressed concern that domestic lawsuits could be filed if their soldiers carried out attacks to kill noncombatants, even if the victims were involved in the drug industry in Afghanistan.

There are discussions about splitting off Taliban elements and causing a rift in the insurgency through negotiations and entry into the government, but there’s absolutely no sign that any Taliban fighter would be amenable to it.

Overall, everyone knows that a major strategic shift is needed, but there’s simply no evidence that any of these shifts would produce something resembling success, or any indication that anyone knows what “success” means. In fact, “success” is most likely defined as “an end to total failure.”

“Right now there is a sense you need to apply a tourniquet of some kind,” said a senior Defense official who spoke on condition of anonymity when discussing contacts with the transition team. “You need to control bleeding at the site of the wound, you need to stabilize, and you need to see what you need to do next.”

After a record number of U.S. deaths in Afghanistan this year, national security officials consider it crucial for the new administration to act soon after taking office. The senior Defense official said Obama would have a limited time period to announce a new strategy for Afghanistan and build up the troop strength.

“Over time, it will be harder to put more stuff in,” the official said. “You have a window where you can do dramatic things. But the opportunity to do dramatic things reduces over time.”

But what are those “dramatic things” and how will they produce improvements in both American security and the lives of the Afghan people? If the goal is now to tread water and not fail so badly I can’t see how staying makes sense. Tourniquets can be refashioned into nooses, after all. The plans for Afghanistan 2.0 are all based on such wishful thinking, and suffused with so many potential drawbacks, that it almost looks like they are designed to do nothing but draw our military further into an intractable conflict. There are regional diplomatic solutions that make sense at providing space for a withdrawal without leaving behind any group that can project power beyond their borders. That does not have to include thousands more troops of dubious effectiveness.

I don’t look kindly on suggestions that we “must do something dramatic” in cases like this, on the grounds that something dramatic always and forever works to our benefit. I agree with Spencer Ackerman on this one – we need to at least pretend to think about the interests of the Afghans at some point.

What I did see was an overwhelming desire for security among the population. Lots of people said something to me that boiled down to, “When the Taliban were in power, the roads were safe, food was cheap and gas is cheap. Now the Americans are here and none of that is true.” The major factor that made the tribal revolt in Anbar work was that the population, including the extremists, understood that Al Qaeda offered them a bleaker future than even the occupation. Nothing like that exists in Afghanistan — or, at least, there is an alarming lack of evidence for that crucial proposition.

People need to take a very deep breath. To judge by the available evidence, the Afghan population wants security. It does not want more militias. The Afghan Senate has actually rejected this proposal explicitly. Is there any actual appetite among Afghans for a Sons-of-Afghanistan program? Or is this a case of hubristic Americans coming into Afghanistan and imposing a template from Iraq upon an overwhelmingly different country and overwhelmingly different set of conditions? You can tell what I suspect from the way I framed the question.

My fear is that we aren’t looking at the concerns of Afghanistan policy through the lens of “is this policy good or bad” rather than “does this make us look like we are responding to the problem.” That way lies disaster.

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