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Month: July 2013

“This pretty much guts national security journalism in the states in which it matters”

Damn. Just yesterday I posted a letter from James Risen’s attorney laying out the reasons why the new DOJ guidelines on dealing with journalists should make the government drop its pursuit of his client.

Marcy Wheeler reports:

The Fourth Circuit — which covers CIA, JSOC, and NSA’s territory — just ruled that journalists who are witnesses to alleged crimes (or participants, the opinion ominously notes) must testify in the trial.

There is no First Amendment testimonial privilege, absolute or qualified, that protects a reporter from being compelled to testify by the prosecution or the defense in criminal proceedings about criminal conduct that the reporter personally witnessed or participated in, absent a showing of bad faith, harassment, or other such non-legitimate motive, even though the reporter promised confidentiality to his source.

With this language, the Fourth applies the ruling in Branzburg — which, after all, pertained to the observation of a drug-related crime — to a news-gathering activity, the receipt of classified information for all the states in which it most matters.

The opinion goes on to echo DOJ’s claims (which I recalled just yesterday) that Risen’s testimony is specifically necessary.

This language will enhance the strength of the reservation DOJ made to its News Media Policies, allowing it to require testimony if it is essential to successful prosecution.

The only limit on the government’s authority to compel testimony under this opinion is if the government is harassing the journalist, which (with proof of the way the government collected phone records, which remains secret) might have been proven in this case. There is a strong case to be made that the entire point of this trial is to put James Risen, not Jeffrey Sterling, in jail. But Leonie Brinkema has already ruled against it. I think the subpoena for 20 AP phone lines might rise to that level as well, except that case is being investigated in the DC Circuit, where this ruling doesn’t apply.

This pretty much guts national security journalism in the states in which it matters.

Golly. It was just last week when the press believed DOJ’s News Media Guidelines would protect the press’ work.

If anything it would seem the “reservation” in the shiny new guidelines, along with this ruling, were really designed to make the harassment and jailing of journalists easier. It would seem to be yet another Orwellian maneuver by our surveillance state.

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When monsters look normal

When monsters look normal

by digby

Wow:

A Massachusetts State Police officer has released never-before-seen photos of Boston bombing suspect Dzhokhar Tsarnaev, which show him bloodied and bruised as sniper teams take aim at his head.

Sgt. Sean Murphy, a tactical photographer with the state police, handed over the photos to Boston Magazine on Thursday. He released them because he was furious with Rolling Stone for running the now-infamous cover photo of Tsarnaev that many say glamorizes the Boston bombing suspect. He told the magazine that he wanted to counter the message he says Rolling Stone conveys.

The gory pics are here if looking at them will make you feel better. They didn’t do a thing for me. But then bloody pictures of terrorist suspects don’t generally turn me on or somehow compensate for the pain and suffering of their victims.

I don’t really have an opinion of the Rolling Stone cover. I read the article and it indeed shows that Tsarnaev was, on the surface, an exceedingly normal-seeming young man, even exceptional in some ways. That was their point — that you can’t judge a book by its cover, as it were. I accept that it hurts people to see him on a newsstand looking appealing in any way because they understandably see him as a monster, but as Michael Shaw pointed out at BagNewsNotes:

Rather than write off these people as evil and “other,” what distinguishes us as a civilized society is the attempt to understand who and why. (It’s what I was trying to get at with that suicide bomber pic the other day.) I mean, why did someone as personable as Dzhokhar Tsarnaev go over to the dark side? Is it such an act of humanity just to realize it’s not a one word answer, especially if that word is “Islam”? Is there no relevance to the implosion of the Tsarnaev family, that crazy hostile mother and the residual weight of Jahar’s relationship with his terror of a brother? (Before dispensing with the cover as completely gratuitous, by the way, it’s worth noting it does legitimately exploit the sympathy Jahar engendering on the lam based on speculation he might have been under his brother’s power.)

Now, does that justify framing the kid as a heartthrob — especially on Boston newsstands? Of course not. But in the media sphere, the devices are pretty staked out by now. As such, exaggerating and elevating the kid’s likeability might be justifiable if it leads citizens beyond the knee-jerk opposite — framing these young men as simply monsters — to look and think more deeply.

And how seeing him bloodied with gun sites on his forehead makes up for the hurt of seeing him on the cover of Rolling Stone looking normal, I don’t quite understand. Or maybe I do. It’s human. But it’s not exactly civilized.

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Your Daily Grayson: 4th Amendment

Your Daily Grayson

by digby

You wouldn’t think it would be necessary, but this proposed Amendment to the defense authorization bill by Alan Grayson says it all:

Hmm. I could swear I’ve heard that somewhere before. Oh wait:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

I can’t wait to see how many members of Congress vote against the 4th Amendment.

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“Reform as an aesthetic”

“Reform as an aesthetic”

by digby

This video about what’s really in the Senate Immigration Reform bill should make everyone think twice about whether it’s really worth passing. The Democrats basically agreed to a full militarization of the border in exchange for a nearly impossible obstacle course (instead of a path) to citizenship. (Seriously, if you are out of work for more than a 60 day period for six years you can’t qualify for even the first step. And that’s just for starters.)

Please take the time to watch it all if you can:

People smarter than I am say it’s now or never. But I just can’t believe this is the best we can do. The strategy is to get some atrocity out of the House so they can get it into conference. But that means we are going to see something even worse than this Senate bill. This bill has come up twice now in just five years. I think we all know that the Latino vote is a big prize that both parties are eager to grab. I have to believe we can do better than this.

Certainly, the idea that we must turn our border into the Berlin Wall with drone planes and a human chain of Border Patrol agents doesn’t seem to be in the spirit of what this bill is supposed to be about. It’s an obscene boondoggle. Particularly since we haven’t killed the austerity zombie.

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Voting on Tuesday: another form of institutional discrimination, by @DavidOAtkins

Voting on Tuesday: another form of institutional discrimination

by David Atkins

Earlier today I brought up the insitutitionally sanctioned discrimination of allowing Wyoming to have two Senators, but the District of Columbia to have none. Changing that would require giving Washington, D.C. the right to vote; solving the more general problem of unequal Senatorial representation would require changing the Constitution.

But there is another form of institutional discrimination in government that would only need a simple legislative fix: voting on Tuesday.

Voting on Tuesday isn’t mandated by the Constitution. It’s a mid-19th century law designed for a time when it could take days to travel to the polling station. Seriously:

The problem with voting on a Tuesday (usually in November) is that people work for a living, and getting to the polls on a (usually cold November) workday is a pain. People working more than one job can’t take the time at all.

It’s true that mail-in voting is helping to change this, but most people still vote at a polling booth and will likely do so for the foreseeable future. Poor and working class Americans are least likely to be aware that they have the right to vote by mail (where it even exists), and least likely to be able to take time off on a Tuesday to come vote.

Changing election day to a weekend would be helpful–though these days a great many people work on weekends regardless. Making election day a national holiday and requiring employers to give their employees at least 2 hours off to vote would be far better. It would allow everyone to more equitably have their voices heard. It would be patriotic, too.

But that’s why the plutocrats will desperately try to stop it from happening.

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Nice little rally you’re having here. Be a shame if anything happened to it …

Nice little rally you’re having here. Be a shame if anything happened to it …


by digby

This is nice:

A gun-rights group denies it’s being insensitive by scheduling a rally in the same park where another group plans to the read names of gun violence victims on the anniversary of the Colorado theater shootings.

Rocky Mountain Gun Owners scheduled a rally for Friday to coincide with a remembrance ceremony planned by Mayors Against Illegal Guns.

Both will gather at noon at a Denver-area park.

Park officials couldn’t immediately say how close together the events would be.

Rocky Mountain Gun Owners on Thursday accused Mayors Against Illegal Guns of politicizing the tragedy in a Denver suburb. Twelve people were killed and 70 were hurt one year ago Saturday.

Tom Sullivan, whose son was killed, says he will be at the remembrance. Sullivan says the nation needs “common-sense” gun policies.

This is from their Facebook page:

This Friday, July 19th, Mayor Michael Bloomberg’s anti-gun group, Mayors Against Illegal Guns, will be doing a rally in Aurora as a part of their nationwide “No More Names” gun control tour.

Join RMGO and other gun rights supporters from across the state for a peaceful “counter-rally” to tell big city gun-grabber Bloomberg to keep his hands off of our Constitutional rights.

Look for the RMGO Pinzgauer, and make sure to get one of our “I Will Not Comply” t-shirts.

See you there!

According to their website, open carry is perfectly legal in Colorado so I’d expect to see them all decked out like Rambo so they can swagger around with their huge weapons and intimidate the people at the gun control rally. That’s how they roll.

Here’s a sampling from their Facebook page.  I think they actually believe this bullshit.

Don’t do us any favors

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It’s time to drop the investigation of James Risen

It’s time to drop the investigation of James Risen

by digby

Will the administration do the right thing here?

The federal appeals court based in Richmond, Va., is weighing whether Risen should be forced to testify against Jeffrey Sterling, a onetime CIA operative who faces criminal Espionage Act charges for disclosing classified information that appeared in Risen’s 2006 book State of War. A lower court judge ruled that Risen was protected by a common law privilege, a decision that prosecutors have appealed, arguing that reporters deserve no special protection in criminal cases. A coalition of media groups that includes NPR has filed a friend of the court brief in the case supporting Risen.

Kurtzberg, the lawyer for Risen, says the Justice Department report gives him new ammunition in that fight.

“In other words, the standard that the DOJ now articulates in the report is the very same standard that the government argues should not be applied to Mr. Risen by the court in this case,” Kurtzberg writes. “The DOJ’s recent change in position is nothing less than an admission that the legal standard it asks this court to apply provides wholly inadequate protection for the interests at stake in this case.”

A lawyer for Sterling, Barry Pollack, points out the long delays in the case, which was indicted in 2011 and has yet to go to trial.

“This is a fight between the Department of Justice and Mr. Risen,” Pollack says in an email to NPR. “Jeffrey Sterling, who served his country admirably, remains in legal limbo as the Department of Justice continues to pursue a leak from a decade ago.”

Seriously, this should be a no-brainer. Risen has been under tremendous pressure for years now as one of the journalists the administration has pursued with Javert-like passion. If they are changing this policy, they need to drop this case. And frankly, Risen deserves an apology especially considering the endless classified leaks by administration officials that tell their preferred story. The double standard is enough to make you choke. I won’t hold my breath.

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Cruz control

Cruz control

by digby

If you too have wondered why in the world both Ted Cruz and Rand Paul agreed to co-sponsor the Military Sexual Assault bill, Adele Stan has the answer:

They make an odd senatorial trio, there’s no doubt: Sen. Ted Cruz (R-TX), the Tea Party favorite; Sen. Rand Paul (R-KY), the neo-libertarian firebrand; and Sen. Kirsten Gillibrand (D-NY), the liberal champion of justice for sexual assault victims. But at a press conference (video here) on Capitol Hill Tuesday, the three stood together in support of Gillibrand’s Military Justice Improvement Act (MJIA), which would remove the reporting and prosecution of sex crimes from the chain of command, a measure staunchly opposed by leaders of the armed forces.

In joining with Gillibrand to support the MJIA, Cruz and Paul, both regarded as contenders for the 2016 Republican presidential nomination, likely hope to convey some compassion for women, especially since both men hold stringent anti-choice positions—as in no exceptions for rape, incest, or health of the woman.

Cruz would allow a narrow exception for a threat to the life of the woman, while the position held by Paul, who authored the unsuccessful “Life at Conception Act,” has become a bit murky since his March interview with CNN, in which he used vague language about how “every individual case is going to be different.”

Their alliance with the New York Democrat also shores up both men’s reputations as mavericks who are unafraid of bucking the Republican establishment as they set out to charm the right-wing base that will turn out for GOP presidential primary races, while simultaneously helping Gillibrand buck her own party’s leaders.

Big of them to support a bill to prevent military women from being raped by the thousands.  I guess that’s what passes for “moderate” cred in the GOP these days.

This is all very interesting, particularly in light of this fascinating article about the logic of a Cruz run by Rich Yeselson:

Cruz is arguably the most compelling conservative political activist/intellectual since William F. Buckley in his heyday at the National Review and on the public affairs show “Firing Line.” Cruz’s intellectual pedigree is both deeply meritocratic and deeply ideological. He was a star student at every level. His father, Rafael, the Cuban émigré who grew to despise the Fidelistas he once fought with, urged Cruz to steep himself in the canon of Western conservative thought. Cruz went onto Princeton, and his mentor was perhaps the leading conservative intellectual in academia, Robert George. He then attended Harvard Law School where, like Barack Obama, he served on the law review. Like Buckley and Obama, Cruz has a silver tongue, as anybody who has listened to him on the floor of the Senate can attest. The fact that he was a champion debater at Princeton, and later, as Texas solicitor general and in private practice, a very skilled appellate lawyer who has argued eight cases before the Supreme Court, merely ratifies a legitimately earned expertise.

So Cruz has a great delivery system — he’s got the perfect rhetorical combination of having a coherent worldview that he can transpose for voters into demotic, accessible language. One can see that even when he’s casually accusing Chuck Hagel of giving aid and comfort to the North Koreans — part of the reason he outrages his colleagues is that he already commands the Senate floor and the media. And what he is delivering is the perfect exemplification of the entire panoply of Republican base politics, or, if you prefer, tea party politics (Which, by the way, is merely another name for a reconsolidated umbrella coalition of all the deeply held beliefs of the GOP base over the past several decades — nothing new under the sun.)

What this means is that Cruz embodies the unique parameters of American conservatism, which are considerably different than those of its peer political expressions in other advanced countries. European rightists are far less religious and far more statist than are their American Republican counterparts — no other rightist party in the advanced world, for example, would dream of continuing a relentless, rearguard opposition to universal health insurance. Thus the U.S. Republican base weds a religiously driven cultural anxiety about changes in the norms of gender relationships (in this, the most religious country among the peer democracies) to an ultra-libertarian opposition to taxes; income transfers and other benefits to poor people; and environmental, consumer, and labor regulation of companies. Only in the United States are the libertarian acolytes of Ayn Rand also, unlike the militantly atheist Rand, religiously devout.

Yes, I realize that he is a nutcase who has no chance, yadda, yadda yadda. But I think it’s a good idea to keep your eye on dangerous people like this. Things happen. Economies crumble, wars start. You don’t ever want dangerous demagogues on a national ticket. Ever. It’s too big of a risk.

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Zombie Grand Bargain

Zombie Grand Bargain

by digby

They’re still at it:

At least a dozen Republican senators are regularly meeting with President Obama’s top aides in an attempt to plot a way forward on the looming fiscal challenges facing leaders this fall, senators involved in the meetings tell National Journal.

The meetings, which began after Obama hosted GOP senators for dinner earlier this year, are the first sign that Democrats and Republicans are in talks to strike a deal that would reduce the deficit and reform entitlements and taxes.

“Everybody’s trying to assess whether we can accomplish something that would be big,” said Republican Sen. Richard Burr of North Carolina, who has attended the meetings. “Big is reforming entitlements and it’s impossible to see a path where you get additional revenue without tax reform being part of it.”

This fall, the country will hit its debt limit and be unable to pay its bills unless Congress authorizes additional borrowing. Republicans plan to use the debate over raising the debt limit to force Democrats to cut spending—a negotiation Obama has said he won’t engage in. But these meetings demonstrate that the president is in fact engaging Republicans in a broader discussion about debt and spending.

White House Chief of Staff Denis McDonough runs point and has included Office of Management and Budget Director Sylvia Mathews Burwell in the discussions. The Republicans in the group include Sens. Kelly Ayotte of New Hampshire, Saxby Chambliss and Johnny Isakson of Georgia, Bob Corker of Tennessee, Lindsey Graham of South Carolina, John Hoeven of North Dakota, and Burr, said John McCain of Arizona, who also sits in…

An administration official said White House aides have made clear to Republicans that the president’s offer from December—including $600 billion in new tax revenue for $400 billion in Medicare and other health care cuts—still stands.

Perhaps we need to take another look at the President’s December offer to understand what this means. He is starting the negotions from this point, which means they are holding out for more:

On the spending side of the ledger, Obama offered $800 billion in cuts, plus $130 billion in savings from adopting a new, less generous mechanism for adjusting Social Security benefits for inflation, the so-called “chained consumer price index” (CPI). To soften the blow to liberal Democrats like House Minority Leader Nancy Pelosi, who has warned against any roll-back of benefits, the White House proposed unspecified “tweaks” that will protect “the poorest social security recipients,” the source said. Obama gets another $290 billion in interest payment savings.

The president’s proposed savings include $400 billion in health outlays, $200 billion in mandatory spending in other areas, and $200 billion in discretionary cuts — including $100 from the Pentagon.

They did decide not to increase the medicare eligibility age as they had offered earlier.

Revenues, who knows? They already got the expiration of the Bush tax cuts over 400k done and the Republicans think they’ve gone far enough. I’m sure the president will be happy to use that as his big achievement in raising taxes on the rich. Certainly Democrats everywhere see it as a big win for him even though he could have accomplished it by doing absolutely nothing.

I put this up yesterday, but I’m going to do it again today so that people will take this seriously. The way to stop this is to get enough Democrats in the House to join with the Tea Partiers so they cannot get a majority. It’s got to be done.

Social Security Works  
     
    Digby,

The Chained CPI—the Social Security benefit cut proposal that would mean thousands of dollars less for everyone—is still alive in the House. This week, House Republicans announced that they were including it in their “menu” of demands in exchange for raising the debt ceiling.
But Representatives Alan Grayson (D, FL-9) and Mark Takano (D, CA-41) are recruiting members of Congress to a letter stating: “We will vote against any and every cut to Medicare, Medicaid, or Social Security benefits — including raising the retirement age or cutting the cost of living adjustments that our constituents earned and need.”

Already, 44 members of Congress have signed the Grayson-Takano letter and 6 more have released public statements. Click here to see if your representative has pledged no cuts!
House Republican demands to tie Social Security cost of living increases to the debt ceiling are outrageous. Since Social Security is paid for by the payroll tax, it has NEVER contributed a penny to our nation’s debt.

Click here to ask your Representative in Congress to make the strongest possible statement against Social Security cuts by signing the Grayson-Takano Letter today.

We’re working with the Other 98% to track members who have already signed the letter, and have noted whether or not they’ve supported earlier measures along similar lines. The members need to hear from their constituents: We will not stand for any cuts to Social Security, Medicare or Medicaid, and we will not stand with any member of Congress who votes for them.


Here are some important tips to keep in mind when calling your representative about the Grayson-Takano Letter:

  1. Determine if your member of Congress has signed a previous letter opposing cuts, such as the 2013 Schakowsky-Ellison letter to keep Social Security out of budget talks, or has progressive credentials like membership in the Congressional Progressive Caucus. You should bring that up when you ask them to sign the Grayson-Takano Letter. Ask them to stand up for Social Security now as they have in the past, and challenge them if they claim to have changed their views.
  2. Be polite but firm; feel free to follow our script below
  3. If a member of Congress has signed—or agrees to sign—the Grayson-Takano letter, but is not yet on the Cicilline Resolution, please ask them to sign it as well. The Cicilline Resolution opposes the use of Chained CPI, and we would like to build up the number of members on both.
  4. If you don’t get a chance to speak to a person on the phone, please leave a detailed message or follow up by e-mail. They will be tracking all messages from their constituents.

Here is a sample call script:

Hi, my name is [NAME] and I’m calling from [TOWN, STATE].
As a constituent, I want [MEMBER NAME] to publicly oppose any deficit reduction or debt ceiling deal that cuts Social Security benefits. That is why I am asking [MEMBER NAME] to sign onto the Grayson-Takano letter to vote against any deal that cuts benefits.
Can you please tell Rep. [MEMBER NAME] that I want [HIM/HER] to publicly stand against any cuts to Social Security, Medicare or Medicaid benefits?
[Answer]
Thank you. And can you please tell your press secretary that I called and asked Rep. [MEMBER NAME] to make a public statement against cuts to Medicare, Medicaid, and Social Security benefits?
[Answer]
Close the call: Thank you for your time!

Please, find your member in our table, and call them today. The Grayson-Takano letter is one of the strongest statements against cuts to Social Security.

If Wyoming gets to be a state, so should the District of Columbia, by @DavidOAtkins

If Wyoming gets to be a state, so should Washington, DC

by David Atkins

Nate Cohn at the New Republic points out the preposterousness of allowing a state as tiny and unrepresentative of the nation at large as Wyoming to command two senators:

[I]t is preposterous that Wyoming’s 570,000 people get two Senators:

There are at least 100 counties with more people than Wyoming.

—Rhode Island’s largest county has more people than Wyoming.

—Fairfax County has twice as many people as Wyoming. There are more Romney voters in Fairfax County than voters in Wyoming, the second reddest state.

—There are almost as many Romney voters in wildly Democratic Brooklyn as there are in Wyoming.

Of course, this is how our peculiar government is designed, and Wyoming isn’t about to be annexed any time soon. It’s deeply unhealthy for democracy that small states with easily corruptible Senators (politicians from small states with inexpensive media markets and poorer, less educated and more reactionary citizens are particularly susceptible to the threat of big money playing in their elections) get to play such an outsized role in shaping policy. It’s even worse that it requires 60 votes these days to accomplish anything. But that’s the way the Senate game is played, and it’ll stay that way until enough Senators get tired of being in a functionally useless body and decide to change it.

But if we’re gong to grant statehood for Wyoming’s 570,000 people, then shouldn’t the 632,323 citizens of the District of Columbia also get two Senators?

If the tiny population of Wyoming gets to advocate for policies that destroy the environment, shrink government, harm minorities and denigrate those who live in big cities, shouldn’t the larger population of Washington, D.C. be allowed to advocate for the opposite view?

Granting two senators to 90% white Wyoming while denying two senators to the larger, nearly 70% minority population of the District of Columbia may be one of the worst forms of institutional racism in America today.

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