Archive for Justice
Every black male I’ve ever met has had this talk, and it’s likely that I’ll have to give it one day too. There are so many things I need to tell my future son, already, before I’ve birthed him; so many innocuous, trite thoughts that may not make a single difference. Don’t wear a hoodie. Don’t try to break up a fight. Don’t talk back to cops. Don’t ask for help. But they’re all variations of a single theme: Don’t give them an excuse to kill you.
For all the good it will do.
In the wake of the recent shootings of black males Alton Sterling and Philando Castile (as well as the shootings of policemen in Dallas) on top of all the others — Brown, Garner, Scott, Gray, Rice, McDonald, etc. — it seems there is no instruction one could give or follow to ensure a black male will survive an encounter with police.
Remember when In the year 2016… would have introduced filmgoers to a dystopian future? Welcome to it.
Following the Alton Sterling shooting last week, some truly iconic images are coming out of the Baton Rouge protests you need to see.
— Jim Roberts (@nycjim) July 10, 2016
In bleeding color:
A St. Paul man died Wednesday night after being shot by police in Falcon Heights, the aftermath of which was recorded in a video widely shared on Facebook in which the man’s girlfriend says the “police shot him for no apparent reason, no reason at all.”
Friends at the scene identified the man as Philando Castile, 32, cafeteria supervisor at J.J. Hill Montessori School in St. Paul.
Castile had cooked “for 12 to 15 years” at a Montessori School. Let that sink in. Philando Castile is black.
The girlfriend started the live-stream video with the man in the driver’s seat slumped next to her, his white T-shirt soaked with blood on the left side. In the video, taken with her phone, she says they were pulled over at Larpenteur Avenue and Fry Street for a broken taillight.
“Your honor, I hope that I can persuade you that it was not a nefarious thing,” replied Thomas A. Farr, an attorney for the state of North Carolina. He was arguing yesterday to uphold the state’s sweeping 2013 voting changes before the Fourth Circuit Court of Appeals in Richmond. One of the judges seemed skeptical:
Judge Henry F. Floyd questioned the timing of the changes — done after Republicans took control of state government for the first time in a century and after the U.S. Supreme Court undid key provisions of the Voting Rights Act — and whether they weren’t done to suppress minority votes for political gain.
“It looks pretty bad to me,” Floyd said.
Floyd was not the only judge on the panel who appeared skeptical. Talking Points Memo:
The U.S. Justice Department, state NAACP, League of Women Voters and others sued the state, saying the restrictions violated the remaining provisions of the federal Voting Rights Act and the Constitution. The 4th U.S. Circuit Court of Appeals fast-tracked the review in an expected presidential battleground state, with competitive races for governor and U.S. Senate.
Voters must now show one of six qualifying IDs, although those with “reasonable impediments” can fill out a form and cast a provisional ballot. The voter ID mandate began with this year’s March primary.
At Tuesday’s hearing, Judge James A. Wynn Jr. asked pointed questions about why public assistance IDs, used disproportionally by minorities, were not acceptable in the final version of the law.
“Why did they take it out?” asked Wynn, a former North Carolina state appeals judge.
Restoring felons’ right to vote after parole is a hit or miss prospect among the several states. Maryland restored voting rights to ex-offenders in February. Virginia Gov. Terry McAuliffe recently signed an executive order restoring paroled felons’ voting rights there, nullifying “a Civil War-era provision in the State Constitution that barred convicted felons from voting for life.” The New York Times set up the backstory to this morning’s news back in April:
Amid intensifying national attention over harsh sentencing policies that have disproportionately affected African-Americans, governors and legislatures around the nation have been debating — and often fighting over — moves to restore voting rights for convicted felons. Virginia imposes especially harsh restrictions, barring felons from voting for life.
In Kentucky, Gov. Matt Bevin, a newly elected Republican, recently overturned an order enacted by his Democratic predecessor that was similar to the one Mr. McAuliffe signed Friday. In Maryland, Gov. Larry Hogan, a Republican, vetoed a measure to restore voting rights to convicted felons, but Democrats in the state legislature overrode him in February and an estimated 44,000 former prisoners who are on probation can now register to vote.
Just a week ago, we covered the Guardian’s report on the failure of the Pentagon’s whistleblower office to protect the identity of Pentagon whistleblower, Thomas Drake – and Drake’s subsequent prosecution. Edward Snowden told an interviewer in 2015, “It’s fair to say that if there hadn’t been a Thomas Drake, there wouldn’t have been an Edward Snowden.” Thus, Snowden undertook what the Government Accountability Project (GAP) dubbed “civil disobedience” whistleblowing.
That was last week. Now:
The former US attorney general Eric Holder has said the National Security Agency whistleblower Edward Snowden performed a “public service” by starting a debate over government surveillance techniques.
Speaking on a podcast hosted by David Axelrod, a former campaign strategist for Barack Obama, Holder emphasized, however, that Snowden must still be punished.
“We can certainly argue about the way in which Snowden did what he did, but I think that he actually performed a public service by raising the debate that we engaged in and by the changes that we made,” Holder said, in an hourlong discussion on The Axe Files.
“Now, I would say that doing what he did – and the way he did it – was inappropriate and illegal.”
Snowden obviously saw the irony:
2013: It's treason!
2014: Maybe not, but it was reckless
2015: Still, technically it was unlawful
2016: It was a public service but
— Edward Snowden (@Snowden) May 30, 2016
(Cross-posted from Hullabaloo.)
Drake was a much higher-ranking NSA official than Snowden, and he obeyed US whistleblower laws, raising his concerns through official channels. And he got crushed.
Drake was fired, arrested at dawn by gun-wielding FBI agents, stripped of his security clearance, charged with crimes that could have sent him to prison for the rest of his life, and all but ruined financially and professionally. The only job he could find afterwards was working in an Apple store in suburban Washington, where he remains today. Adding insult to injury, his warnings about the dangers of the NSA’s surveillance programme were largely ignored.
According to the account Crane gave to Hertsgaard, DoD officials first illegally disclosed Crane’s identity to the Justice Department, then “withheld (and perhaps destroyed) evidence after Drake was indicted; finally, they lied about all this to a federal judge.”
Well, that didn’t go as hoped. This morning’s headline in the Charlotte Observer online reads, “Federal judge who backed limits on early ballots upholds voter ID requirement.” Slate summarizes:
A federal judge on Monday upheld a 2013 North Carolina voter ID law that increased the requirements a voter must meet to cast a ballot, a move that critics say is an effort to discourage black and Hispanic voters from political participation. The suit was brought by the U.S. Department of Justice, the North Carolina chapter of the NAACP, as well as a group of North Carolina voters, and claimed the new measure, one of the strictest in the country, violated the Voting Rights Act and the Constitution. U.S. District Judge Thomas Schroeder, however, disagreed and in his 485-page opinion wrote “North Carolina has provided legitimate state interests for its voter ID requirement and electoral system.”
Critics condemned the ruling, which they will likely appeal to the 4th Circuit:
“This is just one step in a legal battle that is going to continue in the courts,” said Penda Hair, an attorney representing the NAACP. The law “targets the provisions that once made North Carolina among the states with the highest turnout in the nation. This progress was especially clear among African-American and Latino voters, who came to rely on measures like early voting, same-day registration and out-of-precinct provisional ballots to ensure their voices were heard.”
The New York Times explains what was on the table:
The opinion, by Judge Thomas D. Schroeder of Federal District Court in Winston-Salem, upheld the repeal of a provision that allowed people to register and vote on the same day. It also upheld a seven-day reduction in the early-voting period; the end of preregistration, which allowed some people to sign up before their 18th birthdays; and the repeal of a provision that allowed for the counting of ballots cast outside voters’ home precinct.
It also left intact North Carolina’s voter identification requirement, which legislators softened last year to permit residents to cast ballots, even if they lack the required documentation, if they submit affidavits.
Just weeks ahead of a hearing last July, Republicans in the legislature swapped out some of the barricades to voting for hoops.
5. On the need for the voter id law to prevent voter fraud, the court says first that it is hard to find impersonation fraud without an id requirement, but more importantly the Supreme Court in the Crawford case said there need not be evidence of impersonation fraud to justify the law. So while the plaintiffs have to present tons of evidence of burden, the state can get by with no evidence of a need. (This seems perverse to me.)
So plaintiffs provided insufficient proof of a burden and the state provided no justification for the law. Let’s call it even.
6. The court also finds that the state did not act with discriminatory intent, citing (without an appreciation for irony) at p. 387 the testimony of Hans von Spakovsky to the legislature on the need for this restrictive law. Whether or not his testimony was true, the court says, the legislature could have believed it true, thereby negating possibility of discriminatory intent.
Spakovsky, the Professor Harold Hill of voter fraud, testified that the “potential for abuse exists.” And windmills might be giants. Sufficient enough reason to pass a law restricting them.
It’s back to the voting booth, people, if voters expect to stop them from stopping voters.
(Cross-posted from Hullabaloo.)
President Obama took Senate Republicans to school yesterday in a speech at the University of Chicago Law School where he taught constitutional law for a dozen years. He spoke on the intransigence of Senate Republicans in refusing to give a hearing to his Supreme Court nominee, Illinois native Merrick Garland:
“If you start getting into a situation where the process of appointing judges is so broken, so partisan, that an eminently qualified jurist cannot even get a hearing, then we are going to see the kind of sharp partisan polarization that has come to characterize our electoral politics seeping entirely into the judicial system …”
“That erodes the institutional integrity of the judicial branch. At that point, people lose confidence in the ability of the courts to fairly adjudicate cases and controversies. And our democracy cannot afford that …”
Michigan Gov. Rick Snyder has even more legal trouble coming his way:
A federal racketeering lawsuit by hundreds of resident in Flint, Michigan, is alleging the city’s two-year water crisis was the result of an“intentional scheme” crafted by state officials and Michigan’s governor, Rick Snyder, to balance the city’s budget.
In a press conference announcing the 17-count racketeer influenced and corrupt organizations (Rico) complaint on Wednesday, attorneys said the state of Michigan ran Flint’s day-to-day operations through an emergency manager, who prioritized balancing the city’s budget through a cost-cutting measure: switching Flint’s water source in April 2014 from Lake Huron, which serviced the city for more than 50 years, to a local river.
With adults and children essentially poisoned by lead, a neurotoxin, the damages could go on “for generations,” said attorneys about the suit filed in U.S. District Court in Flint.