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Month: July 2013

John McCain refuses to accept that he didn’t win the presidency

John McCain refuses to accept that he didn’t win the presidency

by digby

No really:

McCain Suggests Letting GOP Pick Nominees

Sen. John McCain (R-AZ) said he and Republicans are trying to strike a deal with Senate Majority Leader Harry Reid (D-NV) to avoid his threat of triggering the “nuclear option” and would either allow up-or-down votes on seven contentious nominees or at least find “replacements” for those nominees, Politico reports.

I’ve been saying for years that we could have bipartisan comity on everything if the Democrats would just completely give up what’s left of their principles and pass the GOP agenda.

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Civil libertarians make a scene in one our finest neighborhoods

Civil libertarians make a scene in one our finest neighborhoods

by digby

How rude:

Protests against NSA spying have reached all the way to the home of House Democratic Leader Nancy Pelosi’s big campaign fundraiser.

From left, Renay Davis of San Francisco, Janine Boneparth of Sausalito, and Suzanne Cowan of San Francisco stand along Eucalyptus Road in Belvedere, Calif. on Saturday, July 13, 2013. They were among some 70 people demonstrating against House Minority Leader Nancy Pelosi’s support of the NSA’s surveillance of U.S. citizens. (Photo: Alan Dep/Marin Independent Journal)

And this time, the protests are coming from a group that includes professed Democrats—a notable departure from the silence and inaction of the Democratic machine as the Obama Administration’s NSA spying scandal ripples across the globe.

Over 70 people picketed Saturday afternoon outside of the Belvedere, California home where congressman Jared Huffman was throwing a big fundraising bash for Pelosi.

The fundraiser took place just weeks after Pelosi forcefully defended the NSA’s warrantless spying programs and denounced NSA whistleblower Edward Snowden as a ‘criminal’ at a NetRoots Nation conference in San Jose, California. Her statement at the conference had been met with loud boos and heckles from the crowd.

The boisterous picket in this wealthy neighborhood—organized by the Coalition for Grassroots Progress, an organization for ‘progressive change’—featured colorful signs declaring “One nation under surveillance” and denouncing ‘big brother.’

“The question I think we need to ask ourselves, in light of these new revelations, is how much longer can we afford to bankrupt ourselves morally and financially in the name of security?” Caroline Banuelos—president of the Sonoma County Latino Democratic Club—told the Marin Independent Journal. “Do we really feel safer by allowing our representatives to take away our civil liberties?”

“I’m pleased there is this groundswell,” declared former congressional candidate Norman Solomon. “We’re just getting started and we’re not going to let this subside.”

I’m sure those high dollar donors were quite shocked. Most of them are under the misapprehension that the only people who object to anything our Democratic party leaders do are Tea partiers. They are wrong.

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Ladies men

Ladies men

by digby

Via Daily Kos 

I don’t know why they think this won’t work. Women love to be dictated to by a bunch of middle aged white men. Makes us feel all soft and femmy:

Ohio governor, flanked by six men, signs stringent abortion restrictions into law making it harder forRepublican Gov. John Kasich signed the bill into law Sunday night. The bill makes it harderfor family planning groups, like Planned Parenthood, to receive federal funding.

DC pundits reveal they are mere puppets who have no agency

DC pundits reveal they are mere puppets who have no agency

by digby

Over the week-end Melissa Harris-Perry delivered one of the most fatuous commentaries yet about the NSA spying revelations. She snidely exhorted “Ed” Snowden to “come home” so that she can stop talking about him and move on to more important topics. Evidently, despite the fact that she commands four hours a week on her own show and many more as a frequent guest on various MSNBC panels, she has no agency and cannot choose what stories to discuss. As long as “Ed” refuses to face the music and submit himself to federal prison, probably for life, she will not be able to talk about the information he revealed:

We could be talking about whether accessing and monitoring citizen information and communications is constitutional, or whether we should continue to allow a secret court to authorize secret warrants using secret legal opinions.

But we’re not. We’re talking about you! And flight paths between Moscow and Venezuela, and how much of a jerk Glenn Greenwald is. We could at least be talking about whether the Obama administration is right that your leak jeopardized national security. But we’re not talking about that, Ed.

We’re talking about you. I can imagine you’d say, “Well, then stop! Just talk about something else.” But here’s the problem, even if your initial leak didn’t compromise national security, your new cloak-and-dagger game is having real and tangible geopolitical consequences. So, well, we have to talk about … you.

However, Harris-Perry has found many reasons to rationalize her hostility to this story — and relentlessly focus on Snowden — while failing to address he underlying issues she claims to think are more important. Her priorities are quite clear as this piece from last week by Jeff Cohen of FAIR about MSNBC’s open hostility to the leaks (with the notable exception of Chris Hayes) points out:

I watched one MSNBC host function as an auxiliary prosecutor in Obama’s Justice Department, going after Snowden — while trying to link WikiLeaks and journalist Glenn Greenwald to criminal flight.

MSNBC’s Melissa Harris-Perry has been condemning Snowden by contrasting him with civil disobedients who “love their country” and submit to arrest — while Snowden just wants to “save his own skin.” She proclaimed: “This is different. This is dangerous to our nation.” Should we similarly dismiss Dan Ellsberg, who leaked the top secret Pentagon Papers to a dozen newspapers in 1971 by going on the lam from the FBI. Or Watergate’s “Deep Throat,” who saved his own skin by hiding his identity for 30 years after leaking secrets that helped crash the Nixon presidency?

In a bizarre monologue attacking Snowden (who’s risked plenty, in my view), Harris-Perry hailed those who engage in civil disobedience for being willing “to risk your own freedom, your own body in order to bring attention to something that needs to be known. Martin Luther King Jr. was arrested, attacked, smeared. Nelson Mandela went to prison for 27 years.” (My emphasis.)

Nelson Mandela? He wasn’t a civil disobedient who gave himself up. He was a fugitive, fleeing the apartheid police. He was on the lam domestically, like Snowden is now internationally. And some reports indicate that South African authorities were able to nab Mandela thanks to the U.S. CIA (one of the agencies now on the hunt for Snowden)

I watched that segment in real time and couldn’t believe the Mandela reference either. I don’t know if there were apartheid apologists who called Mandela a coward for trying to “save his own skin,” but it’s no longer hard for me to imagine it.

But it’s unfair to pick on her. She is not alone. Take a look at this:

That’s from an analysis by the Press Freedom Foundation about this absurd obsession with Snowden and what it really implies:

The above graph from the past 30 days shows that Google News searches for Snowden dwarf searches for information on the subjects that his disclosures have shed light on. While this is a graph of news searches and not news headlines, searches usually follow media coverage, not the other way around. It shows a media transfixed by Snowden’s story, while largely ignoring why he became a story in the first place.

Outside of the US, media coverage seems much more interested in the substance rather than the style. The German press, for example, has focused much its attention on the complicity of German intelligence with the NSA, while in India, the revelations have prompted a broad dialogue about that country’s own spying apparatus. The same goes for Brazil. In Egypt, press have looked at the NSA in the greater context of the police state. The press in these countries doesn’t seem to hinge holding the US government accountable for privacy abuses based on Snowden’s temporary location.

Many individuals in the US have called upon the media in earnest to refocus their attention to where it matters: The threats to civil liberties posed by the NSA’s mass surveillance programs. A few journalists have weighed in as well, urging fellow journalists to drop their fixation on Snowden’s motives. And yet, a puzzling phenomenon has also emerged: That of the journalist or commentator who gets up on his or her high horse to condemn Snowden for “stealing the story”—despite their own failure to do any substantive reporting on the NSA.

The fact is that the vast majority of national US journalists identify with the government on this issue. They obviously see themselves as part of the same power elite that thinks the average citizens are better off not knowing what their government is doing to “protect them.” The idea that we might need protecting from them is not contemplated, despite the fact that one of the clear roles of the free press is to act as a watchdog to ensure the consent of the governed — the basis for our entire democratic system.

I won’t pretend that the Snowden saga isn’t a story. It’s right out of fiction, an international thriller. Of course they’re going to cover it.  But they could be using that story as a way to report the rest of it, what they allegedly think is the important stuff, not using it as a way to keep covering it up. But by this time it’s fairly obvious that their relentless focus on Snowden  (and Greenwald too) to the exclusion of the larger implications of the revelations is their way of  pretending to do their jobs without having to confront their own role in the system that has the government routinely lying to the country and the journalism profession helping them do it.

Not that any of this is new. It’s Whitewater, the great Clinton panty raid, the “get over it” election, the rush to support the Iraq war and all the other examples of journalistic malpractice we’ve seen over the past couple of decades. It’s a fundamental problem. And this episode shows that having an ostensibly “left-leaning” cable network doesn’t solve it.

Thank God for Chris Hayes, that’s all I can say:

Visit NBCNews.com for breaking news, world news, and news about the economy

I just watched a half hour bloc of MSNBC and FOX News and the coverage of the NSA leaks this morning was almost exactly the same. I guess bipartisan comity is possible after all …

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Busiest abortion clinic in Virginia closes due to state and local lawmakers’ interference, by @DavidOAtkins

Busiest abortion clinic in Virginia closes due to state and local lawmakers’ interference

Let this be a lesson:

A women’s health care clinic in Fairfax City that performed more abortions than any other location in Virginia has closed, and it’s unclear whether it will reopen elsewhere.

The closure, and the clinic’s difficulty finding new space, highlight a growing issue in the abortion debate: changes in local and state regulations and standards for abortion clinics.

NOVA Women’s Healthcare was in an office building on Eaton Place, just off Route 123 near Interstate 66, since 2006. Antiabortion protesters stood outside the building daily, the clinic was sued twice in the past three years by its landlord, and it likely faced a need to upgrade or move after Virginia changed its regulations to require abortion providers to have hospital-grade facilities.

After finding a possible alternative space in March, the clinic applied for a nonresidential use permit to retrofit that space in another office building. But the permit was denied in May because officials decided parking at the building was not adequate, zoning administrator Michelle Coleman said.

NOVA chose not to seek a special exception to the parking rules from the city council, Coleman said.

The Fairfax City Council then became aware of the clinic’s attempt to relocate. On Tuesday, the council amended its zoning ordinance to require that all clinics, henceforward to be called medical care facilities, obtain a special-use permit and approval from the council. Previously, clinics were treated the same as doctor’s offices and were not required to go through the city council.

As a County Democratic Party chair, I get a lot of angry comments from citizens who are absolutely outraged that our organization would dare to get involved in local city council elections. “These are non-partisan elections! ” they say. “It should be about electing the best person!” they say.

The truth is that there is no such thing as a non-partisan election. The values of a city councilor matter, and cases like this one exemplify why. It does, in fact, matter what city councilors think about national issues, because it affects important decisions like this one.

Moreover, the case highlights the importance of state legislature battles. Virginia may have been a blue state in the last two presidential elections, but its statehouse is controlled by Republicans.

Every election, all the way down the ballot, is important. Every election matters.

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Have you heard about the “libertarian military”? Oh, you’re in for a treat.

Have you heard about the “libertarian military”? Oh, you’re in for a treat.

by digby

Roy has the goods:

[H]ere’s David French, whom we saw last year raving against gay marriage and, I swear to God, Griswold v. Connecticut (“Think for a moment of the awesome power of the sexual revolution over law and logic. Is there a single legal doctrine that can stand against the quest for personal sexual fulfillment?”). Now he’s arguing for a “libertarian military.” Whereas maximum sexual freedom is an outrage, military-style libertarianism is dead butch — liberty means more killing and less building, and isn’t that was Hayek and Rand were all about?

In my (admittedly anecdotal) experience, thoughtful military libertarians tend to advocate something we haven’t really tried in our more than decade-long fight against Islamic jihad — the relatively brief application of truly overwhelming destructive force against identified enemies.

That’s why I wonder if a libertarian military might be more lethal, even on smaller budgets. A trimmed-down bureaucracy, an increased emphasis on the destructive rather than nation-building capabilities of the force under arms, and doctrines designed to inflict maximum (non-nuclear) destruction on enemy forces rather than transforming and democratizing communities — all of this could add up to a more lethal (yet smaller) military.

Normally you have to tell one of these guys about someone buying a Big Mac with food stamps to get his bloodlust roaring like this. I know there are a lot of guys out there who are like, “oh yeah, libertarians, Drew Carey right, free the weed,” and God bless them, but when it comes to the professional-grade stuff libertarianism still just a niche brand of conservatism.

I’ve never understood the erroneous assumption that libertarians are pacifists.

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Will Zimmerman be a right wing hero?

Will Zimmerman be a right wing hero?

by digby

Charles Pierce thinks so:

There will be much for George Zimmerman to do. Things may be a little rough back home, but there will be the victory tour on Fox. And the inevitable book deal. There will be the long career as a hero to the people in the communities that feel themselves besieged by assholes and fucking punks in their hoodies. There will be a long, lovely ride surfing the strange and wonderful celebrity that will befall him now because he stood up to the people who defend the rights of assholes and fucking punks to walk in their hoodies through neighborhoods where they don’t belong, according to him, George Zimmerman, American hero.

I think it could happen. Watch his brother with Pierce Morgan last night:

“There are factions, there are groups, there are people that would want to take the law into their own hands as they perceive it, or be vigilante’s in some sense. They think that justice was not served, they won’t respect the verdict no matter how it was reached and they will always present a threat to George and his family”

Yes, he really said that, without irony.

Imagine how thrilled CPAC will be to see George The Victim next year.

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Is privacy a basic human right? We used to think so

Is privacy a human right? We used to think so

by digby

Another loathsome enemy of America speaks:

GENEVA (12 July 2013) – The situation of Edward Snowden and alleged large-scale violations of the right of privacy by surveillance programmes raise a number of important international human rights issues which need to be addressed, the UN High Commissioner for Human Rights, Navi Pillay, said on Friday.

“While concerns about national security and criminal activity may justify the exceptional and narrowly-tailored use of surveillance programmes, surveillance without adequate safeguards to protect the right to privacy actually risk impacting negatively on the enjoyment of human rights and fundamental freedoms,” Pillay said.

“Both Article 12 of the Universal Declaration of Human rights and Article 17 of the International Covenant on Civil and Political rights state that no one shall be subjected to arbitrary interference with one’s privacy, family, home or correspondence, and that everyone has the right to the protection of the law against such interference or attacks,” said the High Commissioner.

“People need to be confident that their private communications are not being unduly scrutinised by the State,” the High Commissioner noted.

“The right to privacy, the right to access to information and freedom of expression are closely linked .The public has the democratic right to take part in the public affairs and this right cannot be effectively exercised by solely relying on authorized information,” Pillay said.

“Snowden’s case has shown the need to protect persons disclosing information on matters that have implications for human rights, as well as the importance of ensuring respect for the right to privacy,” Pillay said.

“National legal systems must ensure that there are adequate avenues for individuals disclosing violations of human rights to express their concern without fear of reprisals,” she added.

As stated by the former UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Martin Scheinin, “reliable factual information about serious human rights violations by an intelligence agency is most likely to come from within the agency itself. In these cases, the public interest in disclosure outweighs the public interest in non-disclosure. Such whistleblowers should firstly be protected from legal reprisals and disciplinary action when disclosing unauthorised information.”

The UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms* contains important provisions for the protection of the right to defend human rights. Those who reveal information that they reasonably believe to indicate the commission of human rights violations are entitled to such protection.

“Without prejudging the validity of any asylum claim by Snowden, I appeal to all States to respect the internationally guaranteed right to seek asylum, in accordance with Article 14 of the Universal Declaration and Article 1 of the UN Convention relating to the status of Refugees, and to make any such determination in accordance with their international legal obligations,” Pillay said.

It’s right in there:

Declaration on the Right and Responsibility of Individuals, Groups and
Organs of Society to Promote and Protect Universally Recognized Human
Rights and Fundamental Freedoms

Signed in 1948:

While not a treaty itself, the Declaration was explicitly adopted for the purpose of defining the meaning of the words “fundamental freedoms” and “human rights” appearing in the United Nations Charter, which is binding on all member states. For this reason the Universal Declaration is a fundamental constitutive document of the United Nations. Many international lawyers, in addition, believe that the Declaration forms part of customary international law and is a powerful tool in applying diplomatic and moral pressure to governments that violate any of its articles.

The 1968 United Nations International Conference on Human Rights advised that it “constitutes an obligation for the members of the international community” to all persons. The declaration has served as the foundation for two binding UN human rights covenants, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights and the principles of the Declaration are elaborated in international treaties such as the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Elimination of Discrimination Against Women, the United Nations Convention on the Rights of the Child, the United Nations Convention Against Torture and many more.

The Declaration continues to be widely cited by governments, academics, advocates and constitutional courts and individual human beings who appeal to its principles for the protection of their recognised human rights.

QOTD: jury instructions

QOTD: jury instructions

by digby

From the judge’s instructions:

MANSLAUGHTER 

To prove the crime of Manslaughter, the State must prove the following two elements
beyond a reasonable doubt:

1. Trayvon Martin is dead.

2. George Zimmerman intentionally committed an act or acts that caused the
death of Trayvon Martin.

George Zimmerman cannot be guilty of manslaughter by committing a merely negligent
act or if the killing was either justifiable or excusable homicide:

Each of us has a duty to act reasonably toward others. If there is a violation of that
duty, without any conscious intention to harm, that violation is negligence.

The killing of a human being is justifiable homicide and lawful if necessarily done while
resisting an attempt to murder or commit a felony upon George Zimmerman, or to commit a
felony in any dwelling house in which George Zimmerman was at the time of the killing.

The killing of a human being is excusable, and therefore lawful, under any one of the
following three circumstances:

1. When the killing is committed by accident and misfortune in doing any lawful act by
lawful means with usual ordinary caution and without any unlawful intent, or

2. When the killing occurs by accident and misfortune in the heat of passion, upon any
sudden and sufficient provocation, or

3. When the killing is committed by accident and misfortune resulting from a sudden
combat, if a dangerous weapon is not used and the killing is not done in a cruel or
unusual manner.In order to convict of manslaughter by act, it is not necessary for the State to prove that George Zimmerman had an intent to cause death, only an intent to commit an act that was not merely negligent, justified, or excusable and which caused death.

In order to convict of manslaughter by act, it is not necessary for the State to prove that George Zimmerman had an intent to cause death, only an intent to commit an act that was not merely negligent, justified, or excusable and which caused death.

I have argued for a manslaughter verdict but I find that really confusing. (Apparently the jury was confused too and the judge refused to clarify.)

And since the prosecution put on a case based on the charge of 2nd degree murder, if I were on a jury I don’t know that I’d feel all that comfortable convicting Zimmerman based on those instructions for manslaughter. It’s pretty incomprehensible.

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Strange Fruit

Strange Fruit

by digby

Someone on twitter just said that we should be happy that we’ve progressed from this:

I guess that’s true …

But considering the fact that we so recently had to have a debate about whether or not torture was legal (Only for terrists, though, so it’s not that bad) I’m not sure we’ve come as far as people think we have.

True, we aren’t lynching. But 17 year old, unarmed black kids are still dead. And a bunch of white people are still cheering. When only the absence of torture can be used as evidence of progress I’d say we’ve still got a long way to go.

Update:

Zimmerman’s was not a “stand your ground” case but rather standard self-defense. (However, Florida’s legal requirements in a self-defense case is a little different than other jurisdictions, apparently.)

Still, this is a pretty startling chart, regardless of Stand Your Ground statutes:

At FRONTLINE’s request, Roman analyzed the pool of 43,500 homicides by race in states with Stand Your Ground laws and those without them. Because he wanted to control for multiple variables — the races of the victim and the shooter, whether they were strangers, whether they involved a firearm and whether the murders were in Stand Your Ground states — Roman used a technique known as regression analysis, which is a statistical tool to analyze the relationship between different pieces of data.

Using this analysis, Roman found that a greater number of homicides were found justified in Stand Your Ground states in all racial combinations, a result he believes is because those states yielded more killings overall.

Roman also found that Stand Your Ground laws tend to track the existing racial disparities in homicide convictions across the U.S. — with one significant exception: Whites who kill blacks in Stand Your Ground states are far more likely to be found justified in their killings. In non-Stand Your Ground states, whites are 250 percent more likely to be found justified in killing a black person than a white person who kills another white person; in Stand Your Ground states, that number jumps to 354 percent.

You can see the breakdown of the killings in the chart below. The figures represent the percentage likelihood that the deaths will be found justifiable compared to white-on-white killings, which was the baseline Roman used for comparison:

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