Justified anger is a wonderful thing. It allows one to act like a complete ass with little, if any, impunity. For example, I recall once while backpacking my way through Egypt when a taxi driver I made a deal with for a ride ditched me for some other riders. We were in a sleepy, seaside town on the Sinai peninsula, separated by several miles of harsh desert terrain from the local bus stop. The driver wanted to maximize the trip, understandably, and sought out a few more riders (there was only two of us) before leaving. Of course, when he returned the taxi was full and we were left without a ride, stranded in Dahab. Needless to say, I was a bit miffed.
Luckily, I had consulted my trusty, Harvard-drafted “Let’s Go: Egypt” prior to entering the country, which suggested throwing a loud and boisterous fit if put in a situation where you are likely being cheated. So, I did. And it worked like a charm. I threw luggage, cursed at the top of my lungs, and glared menacingly at the taxi driver causing him to quickly exit the situation as a crowd of onlookers gathered. But suddenly, something wonderful happened; the crowd sympathized with my plight, took me under their care, and within a few minutes I was being treated to warm food, cold drink and a new taxi (driven by someone’s cousin as I recall) was summoned to take us on our journey. By acting like a spoiled child, just because I was screwed out of a ride, I was treated as a victim in need of comfort, and not a damned fool in need of discipline.
My tantrum was quite effective and confirmed to me that “justifiable anger” is a powerful, and intoxicating, thing. It is the “castle doctrine” of emotional responses which places blame for any incident squarely on the shoulders of the instigator, leaving you with unquestioned moral authority. However, like any intoxicant, it also tempts overuse and abuse.
By now you are probably aware of Dr. Henry Louis “Skip” Gates, Jr.’s arrest in Cambridge, Massachusetts. What should have been a non-story became a huge imbroglio because of Dr. Gates’ stature, and the media’s endless pursuit of “Racism in America” stories. Even so, it was likely on its way to dying on the back pages of Boston newspapers until Pres. Obama resurrected it with his rather careless and admittedly ill-informed denunciation of the police officer involved.
After spending most of an hour patiently reiterating his arguments for changing the health insurance system, President Barack Obama turned his press conference sharply toward an iconic moment in American race relations: The arrest of Harvard professor Henry Louis Gates Jr. earlier this week by the Cambridge Police.
“I don’t know – not having been there and not seeing all the facts – what role race played in that, but I think it’s fair to say, number one, any of us would be pretty angry; number two that he Cambridge police acted stupidly in arresting somebody when there was already proof that they were in their own home,” Obama said in response to a question from the Chicago Sun-Times’s Lynn Sweet.
Gates, Obama allowed, “is a friend, so I may be a little biased here. I don’t know all the facts.”
In other words, despite not knowing all the facts, the President decided to weigh in anyway on the side of his friend and to assume the worst about the police. Unfortunately, Obama is not alone in his ignorance or willingness to castigate someone without questioning the actions of Dr. Gates.
If anything is clear about the situation, it is that escalation was not necessary and could easily have been avoided. Dr. Gates apparently has a huge chip on his shoulder with respect to white cops, in the very least, and reacted poorly to Sgt. Crowley following up on a breaking and entering call. Indeed, Pres. Obama, among many others, opined that Gates was perfectly justified in being angry (“but I think it’s fair to say, number one, any of us would be pretty angry”) because he was being accused of robbing his own house.
Yet such reaction completely ignores the reason for Crowley being there in the first place: to protect Dr. Gates’ house. Why would a policeman acting in defense of Dr. Gates’s own home upset him? Because Dr. Gates has a huge chip on his shoulder and succumbed to that sweet temptation of justifiable anger to grab the moral high ground. In doing so, he elided right past the justifications for Crowley’s visit, as well as his questions, and instead went right into victimization mode.
Crowley, for his own part, also seems to be carrying a chip or two. One, that is not uncommon to policemen, appears to be a distinct aversion to challenges to his authority. After all, yelling at a cop in your own front yard hardly seems like a criminal offense. In addition, and more understandably, Crowley carries a big chip on his shoulder regarding being called a racist. Here’s why:
The Cambridge cop prominent Harvard University professor Henry Louis Gates Jr. claims is a racist gave a dying Reggie Lewis mouth-to-mouth resuscitation in a desperate bid to save the Celtics [team stats] superstar’s life 16 years ago Monday.
“I wasn’t working on Reggie Lewis the basketball star. I wasn’t working on a black man. I was working on another human being,” Sgt. James Crowley, in an exclusive interview with the Herald, said of the forward’s fatal heart attack July 27, 1993, at age 27 during an off-season practice at Brandeis University, where Crowley was a campus police officer.
It’s a date Crowley still can recite by rote – and he still recalls the pain he suffered when people back then questioned whether he had done enough to save the black athlete.
“Some people were saying ‘There’s the guy who killed Reggie Lewis’ afterward. I was broken-hearted. I cried for many nights,” he said.
Surely someone who faced such criticism, despite administering his best efforts, is going to be a little sensitive to being called a racist. I wouldn’t be surprised if “oh no, here we go again” was the primary thought running through Crowley’s mind while Gates was delivering his tirade.
Unfortunately, Crowley’s chips may have caused him to ignore the obvious (if unwarranted) source of Gates’ ire, and instead to grab for that justifiable anger high ground himself. The end result is that a normally routine procedure becomes a huge production that serves the interests of no one.
Of course, to be fair, Gates’ reaction was quite confusing to the officer.
Consider for a moment, how you would assess the situation had you been in Crowley’s place. You receive a call about a B&E in progress and immediately respond, asking the caller who reported the incident to meet you at the front door to the residence. In all likelihood you’ve responded to similar calls before only to find that the either it’s someone breaking into their own home, or that an estranged girlfriend/wife is calling for backup in a domestic situation, or something other than an actual robbery. Therefore, you request the caller to be there just to be sure.
Upon arrival, you have to assess the situation without having any knowledge. You meet the caller who tells you that two black men with backpacks were observed trying to “wedge” the front door open with their shoulders, thus raising suspicion and precipitating the call. OK, now you can be reasonably certain that it’s not a domestic situation, but there still may be an innocent explanation. You notice someone inside the house, looking out at you as you approach the front door. Who could it be? The owner? A friend? Or perhaps a potential burglar? You don’t know but the only way to find out is to question the person.
Now, stop and think for a moment. If the person you are about to question is the home’s owner, wouldn’t you expect a rather cooperative attitude? You are defending their home after all. In contrast, if the person inside is someone who shouldn’t be there, then you would expect a more evasive, or possibly hostile reaction. But how do you deal with the rightful owner calling you a racist (pdf)?
As I turned and faced the door, I could see an older black male standing in the foyer of [redacted] Ware Street. I made this observation through the glass paned front door. As I stood in plain view of this man, later identified as gates, I asked if he would step out onto the porch and speak with me. He replied “no I will not.” He then demanded to know who I was. I told him that I was “Sgt. Crowley from the Cambridge Police” and that I was “investigating a report of a break (sic) in progress” at the residence. While I was making this statement, Gates opened the front door and exclaimed “why, because I’m a black man in America?”. I then asked Gates if there was anyone else in the residence. While yelling, he told me that it was non of my business and accused me of being a racist police officer. I assured gates that I was responding to a citizen’s call to the Cambridge Police and that the caller was outside as we spoke. Gates seemed to ignore me and picked up a cordless telephone and dialed an unknown telephone number. As he did so, I radioed on channel 1 that I was off in the residence with someone who appeared to be a resident but very uncooperative. I then overheard Gates asking the person on the other end of his telephone call to “get the chief” and “what’s the chief’s name?”. gates was telling the person on the other end of the call that he was dealing with a racist police officer in his home. Gates then turned to and told me that I had no idea who I was “messing” with and that I had not heard the last of it. While I was led to believe that Gates was lawfully in the residence, I was quite surprised and confused with the behavior he exhibited toward me. I asked Gates to provide me with photo identification so that I could verify that he resided at [redacted] Ware Street and so I could radio my finding to ECC. Gates initially refused, demanding that I show him identification but then did supply me with a Harvard university identification card. Upon learning that Gates was affiliated with Harvard, I radioed and requested the presence of the Harvard University Police.
The statement above if from Sgt. Crowley and, most likely, is self-serving. Then there is Gates’ version of events:
When Professor Gates opened the door, the officer immediately asked him to step outside. Professor Gates remained inside his home and asked the officer why he was there. The officer indicated that he was responding to a 911 call about a breaking and entering in progress at this address. Professor Gates informed the officer that he lived there and was a faculty member at Harvard University. The officer then asked Professor Gates whether he could prove that he lived there and taught at Harvard. Professor Gates said that he could, and turned to walk into his kitchen, where he had left his wallet. The officer followed him. Professor Gates handed both his Harvard University identification and his valid Massachusetts driver’s license to the officer. Both include Professor Gates’ photograph, and the license includes his address.
Professor Gates then asked the police officer if he would give him his name and his badge number. He made this request several times. The officer did not produce any identification nor did he respond to Professor Gates’ request for this information. After an additional request by Professor Gates for the officer’s name and badge number, the officer then turned and left the kitchen of Professor Gates’ home without ever acknowledging who he was or if there were charges against Professor Gates.
In comparing the two statements, they contain a lot of agreement on how the events unfolded. Both accounts state that Crowley asked Gates to step outside and that he explained the reason for his visit. They also both agree that Crowley asked for verification that Gates belonged in the residence, as well as that Gates provided at least his Harvard ID. They further agree that Gates asked for Crowley’s identification, although they differ as to why.
In fact, Gates never suggests why he wanted the officer’s ID, nor what could have possibly prompted the request. If Gates’ statement is to be accepted as true, we would have to believe that he was a perfect gentleman throughout the process until his request for Crowley’s ID was ignored. Indeed, Gates’ entire story depends on the idea that he only became outwardly upset when Crowley refused to give him identification. And even if that were true, it does not explain how the charges of racism and racial profiling came to be leveled. It’s not as if refusing to show official ID has some racially disparate component to it.
Gates has further problems with his story as well. According to Crowley’s statement, he radioed into ECC with pertinent information as he got it and requested the presence of Harvard Police. In addition, he observed Gates making a phone call to someone and asking for the “chief” while declaring that a racist police officer was in his home. All of these statements are verifiable by looking at the radio transmissions from Crowley and the phone records from Gates. Oddly, Gates makes no mention of the phone call, nor offers any explanation as to how the Harvard Police came to be at the scene. That tends to lend credibility to Crowley’s version of events.
On the other side of the ledger, however, it sure does look like Crowley lured Gates outside in order to arrest him and show him who was boss. His claim that he went outside to speak with Gates because the acoustics were inhibiting his ability to communicate with ECC sounds just a little too perfect. Crowley further neglects to explain why he could not have offered to write the information down for Gates, or even better, simply handed him a business card (which every cop I’ve ever dealt with has had plenty of). That would have presumably satisfied Gates for the time being and allowed Crowley to exit the situation without any further ruckus. Instead, both parties claim that Crowley asked the professor to step outside, in full view of the poor crowd who’s tender mercies were then violated by Gates’ tirade, and voilà Crowley then had a reason to arrest him.
Despite all the foregoing, and regardless of whose version of events you believe, there is simply no indication of why this has been turned into a racial incident. Some suggest that the original caller was racist for immediately assuming that two black men trying to force a door open were criminals. But that’s just absurd, and I would hope that if a passerby sees anyone of any color breaking into my home they call the police. Others hypothesize that a white professor would not have experienced the same treatment at the hands of the police, but that ignores (a) the agreed upon facts, and (b) the fact that police would be derelict if they did not verify who was in the home, and whether or not they belong there. I’m sure there are plenty of people who have run into similar circumstances regardless of race (I know I have). To date, no one has offered a reasonable explanation as to how the incident justifies charges of racism and racial profiling, although plenty of people are perfectly willing to assume such is the case.
I may as well get the ball rolling for turning what could have been a succinct piece into a meandering tome. So, sorry about that.
Next up is Officer Crowley who is adamant that no apology will be forthcoming.
Crowley himself, speaking to the Globe yesterday and again last night in Natick, said he will not apologize and asserted, “I am not a racist.’’
Crowley’s police union issued a statement saying it had reviewed the arrest of Gates and expressed “full and unqualified support’’ for his actions.
“Sergeant Crowley is a highly respected veteran supervisor with a distinguished record in the Cambridge Police Department,’’ said the Cambridge Police Superior Officers Association. “His actions at the scene of this matter were consistent with his training, with the informed policies and practices of the Department, and with applicable legal standards.’’
I guess you can forget about the Police Department delivering one either.
As for Gates, well he hasn’t been asked for one, and it does not appear that one will be forthcoming, especially now that the President of the United States has backed him.
Obama acknowledged that Gates is a friend and that since he was not there, he cannot know exactly what role race may have played in the incident.
Gates’ daughter and attorney said they were pleased by the president’s comments.
Charles Ogletree, Gates’ attorney and a fellow Harvard professor, told “Good Morning America’s” Dan Harris today that Gates “was simply pleased that Barack acknowledged he was a friend and what he had read and heard and understood to have been reported that Professor Gates did not violate the law.”
Perhaps the media will apologize for turning this into a major story, and perceptibly backing Gates’ version by playing up the racism angle, not to mention raising the issue at a prime time news conference on health care. Hmmm … no, I guess that’s just silly.
Once the tempting fruit of justifiable anger is consumed, it almost impossible to give up. Should Crowley apologize for arresting Gates? Yes, he probably should, but I’m sure he feels too justified in his anger to do so: Gates shouldn’t have berated him for protecting Gates’ own home, and certainly shouldn’t have called him a racist.
Should Gates apologize for his tumultuous behavior and unwarranted accusations? Most definitely, but that isn’t likely to happen either because Gates feels justified in his anger as well: Crowley shouldn’t have arrested him, causing him embarrassment and extreme discomfort, simply because he was yelling and screaming while on his own property.
So, nobody will apologize, nothing will be fixed, and no wounds will be healed. Welcome to post-racial America.
An interesting discussion broke out in the comment section of the Miranda post, which I’m hoping will continue. The primary issue (and I’m simplifying here) centers around just how detainees caught on a battlefield should be handled if they don’t fit the established parameters of soldiers under the Geneva Conventions. Although there appears to be agreement that reading detainees Miranda rights is a step (or three) too far, there is also wide agreement that we should be skeptical about allowing our government so much latitude as to hold anyone indefinitely. I think closing the gap on those parameters is the challenge to be met, but I don’t think it is possible to do so without understanding how war differs from law enforcement.
Clausewitz defined war as “continuation of policy with other means.” The crux of his definition is that “war” is simply a tactic used to further political goals. War is not waged as end in itself, but as a means towards other ends which, for whatever reason, could not be accomplished through non-violent tactics. There are always exceptions, of course, but certainly a rational state will not expend blood and treasure when the same goals can be accomplished without. Even an irrational state, with irrational goals, will not waste such resources if it understands that it does not have to.
The other tools in the box for continuing policy include diplomacy and capitulation. Once those are deemed exhausted or unacceptable (as the case may be) then the tool of war is likely to appear. In other words, if agreement cannot be reached between erstwhile enemies, and surrender by one side or the other is not acceptable, then actual battle will be necessary to decide whose policy will be continued. At that point all manner of understanding between the parties is dead and only victory or a credible threat thereof will allow the discarded tools to once again be used in the construction of policy.
In the absence of war, there is general agreement as to how competing parties will conduct themselves in the pursuit of their policies. Citizens may vote, senators may argue, special interests may agitate, and whole nations may barter. The agreements may deal with how citizens deal with one another, how governments deal with their citizens, or how violations of the agreements are handled (i.e. law enforcement). In the modern world those general agreements are reduced to treaties, constitutions, rules, regulations and the like, all of which may be considered law. The policies themselves may also be enacted into law, but without some understanding as to the mechanisms for peacefully deciding which policy will be followed, then war is the only tool available. A rule of law, which is only useful where there is broad agreement on it, obviates the need to use war to advance policy. All of the foregoing are the hallmarks of a civil society that depends on pursuing policies through peaceful tactics. To turn Clauswitz’s definition around, law is the continuation of war by other means.
To be sure, transgressors of law will be dealt with at times in violent ways, but there is at least a tacit agreement to the law’s authority to do so where the violator is operating from within the society and generally partaking of its benefits. If enough transgressors get together then the agreements have broken down, and civil war or revolution may occur. Therefore, war can be understood as the tactic that is used when the law has ceased to be of use. More simply, war is the absence of law.
Given the above, which is nothing more than a condensed version of my personal views on the subject, it is difficult for me to understand how legal concepts can be introduced into war. Opposing factions may agree with one another to fight under particular rules of engagement, or to treat enemy prisoners a certain way, but when those rules are broken there is no legitimate authority to enforce them. The Geneva Conventions represent a more elaborate attempt to impose limits on warfare, but even those were never intended to apply to non-signatories except in very limited circumstances (pre-Hamdan anyway). More importantly, it seems obviously ludicrous to apply laws outside such limited agreement to any of the parties involved in battle, because there would be no battle if such laws were being adhered to in the first place.
So while any number of parties may agree amongst themselves to fight under self-imposed rules, that does not give any of them authority to impose those rules on others. Furthermore, except where explicitly agreed to otherwise, such rules would not govern war between a party to such an agreement and a non-party. To look at it another way, if Mike Tyson and Evander Holyfield agree to fight under certain sanctioned rules, that does not mean that either fighter must adhere to the same rules if attacked by a third party on the way home from the match.
Accordingly, in a world of asymmetrical warfare, the basic principle that “war is the absence of law” seems to apply. In this context, the very idea of approaching war with terrorists in foreign countries under a rubric of law intended to govern domestic life appears absurdly out of place. Treating detainees captured on the battlefield to the luxury of legal niceties intended to protect the very citizens those terrorists seek to harm defies all logic. And pretending that reading any of them Miranda rights will do anything more than hamper our ability to defeat these cretins is an exercise in serious delusion. In short, law is a manifestation of the agreements underlying a peaceful community, and war is the means of protecting those agreements from those who seek to subvert them.
When considering just where the line should be drawn then, between reading enemies their “rights” and allowing the government to detain them indefinitely, I think it’s useful to understand that we are not really talking about a “rule of law.” Instead, we are talking about how best to utilize the tactic of war in furthering our policy of not allowing crazed radicals to murder our citizens. While I find great merit in placing the government (i.e. our instrument of war) on a firm leash, I don’t think it is at all useful to conflate the means by which we protect ourselves from an overbearing government with the means by which the government protects us from enemies bent on our destruction.
It appears that could be the case. Kathy Shaidle:
The anti-semitism of von Brunn is the first thing one notices when visiting these bizarre websites. However, like those of most “white supremacists”, many of von Brunn’s political views track “Left” rather than “Right.” Clearly, a re-evaluation of these obsolete definitions is long overdue.
For example, he unleashed his hatred of both Presidents Bush and other “neo-conservatives” in online essays. As even some “progressives” such as the influential Adbusters magazine publicly admit, “neoconservative” is often used as a derogatory code word for “Jews”. As well, even a cursory glance at “white supremacist” writings reveals a hatred of, say, big corporations that is virtually indistinguishable from that of anti-globalization activists.
Shaidle’s point is valid (as is her point about the “obsolete definitons”). This guy wasn’t a product of “right-wing” or “left-wing” views, this guy was a hater of all things that even hinted of Jews, right or left. He was an anti-semite to the core and, frankly, a nut.
Trying to score political points with this tragedy seems badly strained at best and truly an example of how low our political discourse has fallen. Instead of talking about the tragedy of the loss of the security guard to a lunatic, the first thing some want to do is play politics, point fingers and stereotype. That says more about them (you know, the tolerant and non-judgmental types?) than those to whom they’re pointing.
This simply can’t be right, can it? That the Obama administration secretly directed the military to Mirandize combatants and terrorists when captured? Surely this is just crazy talk:
… the Obama Justice Department has quietly ordered FBI agents to read Miranda rights to high value detainees captured and held at U.S. detention facilities in Afghanistan, according a senior Republican on the House Intelligence Committee. “The administration has decided to change the focus to law enforcement. Here’s the problem. You have foreign fighters who are targeting US troops today – foreign fighters who go to another country to kill Americans. We capture them…and they’re reading them their rights – Mirandizing these foreign fighters,” says Representative Mike Rogers, who recently met with military, intelligence and law enforcement officials on a fact-finding trip to Afghanistan.
Rogers, a former FBI special agent and U.S. Army officer, says the Obama administration has not briefed Congress on the new policy. “I was a little surprised to find it taking place when I showed up because we hadn’t been briefed on it, I didn’t know about it. We’re still trying to get to the bottom of it, but it is clearly a part of this new global justice initiative.”
Ever since the Boumediene decision I’ve been warning that we’re turning legitimate military actions into law enforcement nightmares. No matter how badly we may want to achieve a world where transparency and the rule of law are the basis for all government action, the fact of the matter is that there are plenty of people out there who want to see the US destroyed regardless of the cost to themselves or their families. If we start dealing with these people as if they were common criminals, then we erode the very fabric that binds us as a nation. No longer does the word “jurisdiction” mean anything. Instead, we hand our enemies the keys to the castle.
Consider the following:
A lawyer who has worked on detainee issues for the U.S. government offers this rationale for the Obama administration’s approach. “If the US is mirandizing certain suspects in Afghanistan, they’re likely doing it to ensure that the treatment of the suspect and the collection of information is done in a manner that will ensure the suspect can be prosecuted in a US court at some point in the future.”
But Republicans on Capitol Hill are not happy. “When they mirandize a suspect, the first thing they do is warn them that they have the ‘right to remain silent,’” says Representative Pete Hoekstra, the ranking Republican on the House Intelligence Committee. “It would seem the last thing we want is Khalid Sheikh Mohammed or any other al-Qaeda terrorist to remain silent. Our focus should be on preventing the next attack, not giving radical jihadists a new tactic to resist interrogation–lawyering up.”
According to Mike Rogers, that is precisely what some human rights organizations are advising detainees to do. “The International Red Cross, when they go into these detention facilities, has now started telling people – ‘Take the option. You want a lawyer.’”
Rogers adds: “The problem is you take that guy at three in the morning off of a compound right outside of Kabul where he’s building bomb materials to kill US soldiers, and read him his rights by four, and the Red Cross is saying take the lawyer – you have now created quite a confusion amongst the FBI, the CIA and the United States military. And confusion is the last thing you want in a combat zone.”
Prosecution of any war, regardless of what your betters may think, is absolutely impossible in a law enforcement setting. Imagine having to “arrest” enemy soldiers instead of shooting them on sight. Or worse, think about the complications involved when a soldier shoots anyone, as compared to when a policeman is involved in a shooting. How would it work to take custody or extract intelligence from any enemy soldier if our soldiers have to apply mercurial Supreme Court precedent to each situation before risking their lives? Any cop will tell you that it’s hard enough keeping up with the norms as laid down by the high court (and interpreted by the administrators) in order to simply arrest common criminals. The idea that soldiers in the field of battle have the time or ability to “arrest” terrorists and the like, in places where English is not likely to be a common language (N.B. does that mean the military will be required to provide interpreters before apprehending anyone?) is simply ludicrous.
War is not pretty, and anyone who pretends to make it so is simply a fool. Ugly, unmentionable, outrageous and despicable things happen in war, as they do in any struggle for life. Creating an imaginary world in which there are breaks for tea and the enemy plays by the same (or any) rules is how the British lost North America. Subjecting ourselves to the vagaries or our enemy’s backwardness, by ignoring their complete denial of our moral superiority, will only serve to hasten our defeat.
For the foregoing reasons, I have to assume that Stephen Hayes is on the wrong end of some very bad information. As much as I may disagree with the Obama administration on a great many things, I have a hard time believing that they could be this naive and unconcerned about the future of our country that they would grant unprecedented gratuity to those who most wish us ill. The policies are most certainly wrong, but they can’t possibly be this misguided.
Picking up on Bryan’s excellent post yesterday, we now have two examples of what could be classified as “domestic terrorism”.
We have the Tiller case in Kansas where a doctor that offered late term abortions was murdered at his church while acting as an usher.
And we have the murder of a soldier and the wounding of another by a “muslim convert” who “was opposed to the US military” in Arkansas.
Each perpetrator appears to have been “a lone wolf”, i.e. someone who may have acted out of some sort of belief, but was otherwise unaffiliated with any group or movement which could be identified as a terror or pressure group.
If that’s the case, would you see each of these cases as “domestic terror” cases – i.e. do they fulfill the definition Bryan used, “the pursuit of political goals through the use of violence against noncombatants in order to dissuade them from doing what they have a lawful right to do”?
If so, what do you think the “political goals” of each given they were, or appear to be “lone wolves” (or was this simply a “crime of conscience” most likely rationalized by a rather sick mind) and do you think their acts were actually intended to dissuade others from doing what they have a lawful right to do?
And, given the new tendency toward attempting to classify crimes in this manner – were each of them “hate crimes”?
Remember the uproar during the 2004 presidential election about supposed voter disenfranchisement and voter intimidation that allegedly took place in Florida. Reports of blacks being stopped at police roadblocks and turned away from voting places? The Civil Rights Commission as well as numerous media outlets descended on the state in an attempt to validate the rumors. The story remains an urban myth to this day despite the fact that no evidence of any of that taking place was found.
Fast forward to the 2008 election and these video tapes:
What you would expect to happen, at the time and given the video evidence, happened:
The incident – which gained national attention when it was captured on videotape and distributed on YouTube – had prompted the government to sue the men, saying they violated the 1965 Voting Rights Act by scaring would-be voters with the weapon, racial slurs and military-style uniforms.
Career lawyers pursued the case for months, including obtaining an affidavit from a prominent 1960s civil rights activist who witnessed the confrontation and described it as “the most blatant form of voter intimidation” that he had seen, even during the voting rights crisis in Mississippi a half-century ago.
What happened next, however, wasn’t expected, although for most it comes as no real surprise:
The career Justice lawyers were on the verge of securing sanctions against the men earlier this month when their superiors ordered them to reverse course, according to interviews and documents. The court had already entered a default judgment against the men on April 20.
Got that? A default judgment. A done deal. Guilty.
But they were ordered to drop the charges and case and settle for this:
A Justice Department spokesman on Thursday confirmed that the agency had dropped the case, dismissing two of the men from the lawsuit with no penalty and winning an order against the third man that simply prohibits him from bringing a weapon to a polling place in future elections.
Ed Morrisey asks the pertinent question:
Recall, please, that Democrats screamed about the supposed politicization at Justice during Alberto Gonzales’ tenure as Attorney General for replacing political appointees who serve at the pleasure of the President. They claimed that the replacement of nine US Attorneys was a plan by the Bush administration, supposedly through Karl Rove and Harriet Miers, to affect the outcome of investigations and prosecutions. It touched off a Constitutional fight over executive privilege that continues to this day, as the House and Senate Judiciary Committees are still conducting its “investigations” into this supposed politicization.
This looks significantly more like politicization of outcomes that anything alleged during the Bush administration, especially since the DoJ already won the case. In fact, the government had prepared arguments for penalties against the men as late as May 5th, before the political commissars under Attorney General Eric Holder ordered them to withdraw. Holder, during his confirmation hearing, had called career DoJ lawyers his “teachers” and the “backbone” of Justice. Apparently, the political leadership trumps teachers and backbone when it comes to voter intimidation on behalf of Barack Obama.
So will the same Congressional committees open an investigation into this reversal to benefit voter intimidation on behalf of the administration?
Just as important, will the same portion of the leftosphere which went berserk over Gonzo and made a cottage industry of the allegations treat this obvious politicization of justice the same way they treated the alleged politicization by the Bush administration?
Methinks probably not. Let the spinning (or ignoring) begin.
A very interesting piece in the LA Times about some European muslims who failed at the job of “holy warrior – or did they?
Pakistan is discovering that their unwelcome guests in the Swat Valley are harder to get rid of than cockroaches.
Apparently Rep. Collin Peterson (Minn.), the outspoken Democratic chairman of the Agriculture panel, isn’t happy with the Waxman/Markey Cap-and-Trade bill and is promising trouble.
It seems even the NY Times is catching on to the Obama rhetorical devices. Helene Cooper points out that some of Obama’s “enemies” are “straw men” and Sheryl Gay Stolberg notes that many of Obama’s “nuanced” positions would be flip-flops if it was anyone else. Of course both articles were published in the Saturday NY Times, so its not like they’re really calling Obama to task.
The Washington Post, examining Venezuela strong man Hugo Chavez’s latest attempt to destroy any domestic opposition, wonders if the Obama administration’s silence on the matter constitutes sanction by silence. Well if that’s the case, what does Nancy Peolsi’s silence about the use of waterboarding constitute?
A porn star is considering a run for the US Senate from Louisiana. Given the fact that she’s only worked in a different type of porn than what goes on in the US Senate, she ought to fit right in.
The NY “bomb plot” has apparently degenerated into an “aspirational” one.
And finally, it looks like Brits are finally fed up. According to reports, a big “vote the bums out” movement is taking shape in the UK. We should be so lucky.
Not everyone engaged in it is the sharpest knife in the drawer – and that goes for both sides.
In this particular case it’s the supply side, instead of the enforcement side, which gets the spotlight:
Officials say a suspected drug dealer who led police on a 90 mph chase in Indiana was arrested after he stopped suddenly at a Taco Bell parking lot.
Fort Wayne police Sgt. Mark Walters says 36-year-old Jermaine Askia Cooper told officers he “knew he was going to jail for a while” and wanted to get one last burrito.
Expect to see a variation on that theme in a Taco Bell commercial soon. At least Cooper was thinking outside the bun.
With the spike in interest about combating piracy suddenly, any number of people have been sought out and quoted concerning their ‘expert’ opinion about what to do.
Cyrus Mody of the International Maritime Bureau said that his organisation had qualms about the use of armed guards on ships: “We always have been against the carriage of arms on vessels. First, we don’t think there is legal backing. Two, there’s a risk of escalation. Three, you cannot carry arms on ships carrying hazardous or dangerous cargo.
“If you permit armed guards on certain vessels, the others, which cannot carry the armed guards will become vulnerable and be targeted a lot more.”
Maybe it is just me, but I simply don’t understand thinking like this. It reminds me of the rightfully ridiculed “if rape is inevitable, lay back and endure it” school of thought.
Note how Mr. Mody seems not to understand that we have an inherent right to self-defense and thus shouldn’t be particularly concerned with whether or not exercising that right has “legal backing”. When armed thieves attack you and your property, they certainly aren’t concerned with the niceties of legal backing. They are called “outlaws” for a reason. But like all human beings, they’re looking for easy targets. Lay back and offer no resistance and they’ll happily take your property and, perhaps, your life. Although that hasn’t been the case yet, it certainly could happen now that the military of various states are killing pirates. In fact, because they are using deadly force now, the need for being able to defend one’s self would seem to me to be even more urgent than before.
That brings us to point two – escalation. I hate to break it to Mr. Mody, but as noted, the military reaction to piracy has escalated the situation. What is obvious, however, is the military cannot provide protection to all of the shipping transiting the area – it can only react to attacks. In the last two attacks on American ships, there was no way for our navy to react immediately. In both cases the USS Bainbridge was hundreds of miles away when the attacks occurred. That leaves immediate self-defense in the hands of the crew of the ship being attacked.
As for three, of course you can have weaponry on such ships if done properly. And think of it this way, pirates don’t know whether or not the ship is carrying “hazardous or dangerous cargo” when they attack. So when they launch that RPG they’re much more of a danger to those cargoes (and the crew) than someone on the ship putting a line of .50 cal rounds across the bow of a pirate skiff and scaring them away.
And four, per Mr. Mody, it just isn’t fair if some ships have armed guards (Mr. Mody was reacting to a story about armed guards on an Italian cruise ship foiling a pirate attack) and others don’t. That’s just nonsense. It’s like “gun free zones” – what do they tell criminals? That no one will be able to defend themselves because the criminal will be the only one with a gun. It’s stupid. The whole point is to make the pirates unsure as to whether the ship has armed guards and whether it is worth it to them to attempt to attack such a ship. One way to take that sort of calculation out of their attacks is to ensure ships are “gun free zones”.
Certainly there are non-lethal ways to fight pirates, but as Gen. Petraeus said the other day, and I’m paraphrasing, I wouldn’t want to be on a water cannon when the guy at the other end has an RPG.
Fighting off pirates requires resistance, and resistance requires at least equality in firepower. The whole point is to make piracy less and less attractive. Right now the pirates pick a target, board it and name their ransom. The risk to reward ratio is so low they won’t consider returning to their former life. One way to help them make such a decision more readily is to raise that reward-to-risk ratio to a level that it is no longer attractive. Seems to me armed ships along with military intervention are certainly a good way to do that.
What we don’t need to be doing is listening to the likes of Mr. Mody and trying to dress up stupidity as some form of “civilized behavior”.
Rep. Jane Harman , the California Democrat with a longtime involvement in intelligence issues, was overheard on an NSA wiretap telling a suspected Israeli agent that she would lobby the Justice Department reduce espionage-related charges against two officials of the American Israeli Public Affairs Committee, the most powerful pro-Israel organization in Washington.
Harman was recorded saying she would “waddle into” the AIPAC case “if you think it’ll make a difference,” according to two former senior national security officials familiar with the NSA transcript … In exchange for Harman’s help, the sources said, the suspected Israeli agent pledged to help lobby Nancy Pelosi , D-Calif., then-House minority leader, to appoint Harman chair of the Intelligence Committee after the 2006 elections, which the Democrats were heavily favored to win.
Seemingly wary of what she had just agreed to, according to an official who read the NSA transcript, Harman hung up after saying, “This conversation doesn’t exist.”
The fact that Harman was recorded via an NSA wiretap has some in the blogosphere declaring a victory for irony:
There’s a large poetic justice factor here in that Harman has been a big defender of potentially abusive surveillance so she doesn’t, personally, have much to stand on as an opponent of abusive surveillance when applied to her.
Thinking about that further reenforces (sic) the point that selective, unaccountable surveillance is very dangerous. A president could do a great deal to gin up pretexts to wiretap members of congress and blackmail them even without the members doing anything unusually egregious. But it’s also a reminder that we have a political system that’s substantially powered by a kind of systematic, quasi-legalized bribery.
Matthew Yglesias’ self-righteousness is supposedly justified by the fact that Rep. Harman backed the Bush Administration’s terrorist surveillance program, fondly remembered by the left as the inappropriately named “domestic warrantless wiretapping” program. However, Harman was not caught on tape by that program, but instead via a regular, old court-approved wiretap:
It’s true that allegations of pro-Israel lobbyists trying to help Harman get the chairmanship of the intelligence panel by lobbying and raising money for Pelosi aren’t new.
They were widely reported in 2006, along with allegations that the FBI launched an investigation of Harman that was eventually dropped for a “lack of evidence.”
What is new is that Harman is said to have been picked up on a court-approved NSA tap directed at alleged Israel covert action operations in Washington.
Nevertheless, thanks to Harman’s transgressions against the anti-war/anti-Bush left, in the form of her support of anti-terrorism activities, she is not getting any sympathy from Democrats. Which is a shame because it doesn’t necessarily appear that she’s done anything wrong here.
Because the article provides a paucity of specific information, I’m hard-pressed to figure out what Harman’s illegal action could have been. All the allegations are to unnamed sources, and there is no indication of what the supposed illegal activity was. The insinuation is that, based on earlier reports, Harman would help out AIPAC in return for the lobbying group raising money for Pelosi, who would then show her appreciation by promoting Harman to the Chairmanship of the Senate Intelligence Committee. Yet the facts as alleged don’t even support that theory.
First of all, there is nothing wrong with Harman “waddling into” the AIPAC case merely to advocate for a lighter sentence for the Israeli defendant accused of spying. It may not have been smart, nor exactly savory, but it would not have been illegal as far as I know. If instead Harman had tried to use her official powers to alter the outcome someway (which is not alleged), I could see wher there may some problems. Merely making a case for a lighter sentence does not even begin to rise to that level, however.
Furthermore, I’m not so sure that there is any real quid pro quo here. If after Harman “waddled into” the spy case, AIPAC went to Nancy Pelosi and said “that Harman chick is one swell gal! You should promote to the head of Senate intelligence panel, or something,” what would be the problem? Does AIPAC not have the freedom of speech to say they like one congressman over another? Some might think that AIPAC is a foreign lobbyist firm (it’s not), and thus should be restricted from certain activities with respect to supporting political appointments, but that’s not true. Foreign lobbyists are more restricted when it comes to elections, but no lobbyist is prevented from advocating for the appointment of an already elected official to committee assignment or the like. So, again, based on the information provided, I’m just not sure what the charge is here.
Interestingly enough, if there is anyone who should be worried about this latest report (assuming any of it is true), it is Alberto Gonzales. According to Stein’s article, other than the fact that Harman was caught on tape, the only other new news here is that “contrary to reports that the Harman investigation was dropped for ‘lack of evidence,’ it was Alberto R. Gonzales, President Bush’s top counsel and then attorney general, who intervened to stop the Harman probe.”
Why? Because, according to three top former national security officials, Gonzales wanted Harman to be able to help defend the administration’s warrantless wiretapping program, which was about break in The New York Times and engulf the White House.
As for there being “no evidence” to support the FBI probe, a source with first-hand knowledge of the wiretaps called that “bull****.”
The identity of the “suspected Israeli agent” could not be determined with certainty, and officials were extremely skittish about going beyond Harman’s involvement to discuss other aspects of the NSA eavesdropping operation against Israeli targets, which remain highly classified.
But according to the former officials familiar with the transcripts, the alleged Israeli agent asked Harman if she could use any influence she had with Gonzales, who became attorney general in 2005, to get the charges against the AIPAC officials reduced to lesser felonies.
Harman responded that Gonzales would be a difficult task, because he “just follows White House orders,” but that she might be able to influence lesser officials, according to an official who read the transcript.
According to the rest of the story, the Justice Department and the CIA were ready to conduct a full scale investigation of Harman because of the transcripts, but Gonzales stepped in and stopped it because he needed her help:
According to two officials privy to the events, Gonzales said he “needed Jane” to help support the administration’s warrantless wiretapping program, which was about to be exposed by the New York Times.
Harman, he told Goss, had helped persuade the newspaper to hold the wiretap story before, on the eve of the 2004 elections. And although it was too late to stop the Times from publishing now, she could be counted on again to help defend the program
He was right.
On Dec. 21, 2005, in the midst of a firestorm of criticism about the wiretaps, Harman issued a statement defending the operation and slamming the Times, saying, “I believe it essential to U.S. national security, and that its disclosure has damaged critical intelligence capabilities.”
Pelosi and Hastert never did get the briefing.
And thanks to grateful Bush administration officials, the investigation of Harman was effectively dead.
The problem with this version of the story is that it fails to allege what wrongdoing Harman was being accused of. Lots of “sources familiar with the transcript” are quoted, although none are named, and not a single person identified which statute or regulation Harman allegedly violated. Why is that?
Of course, regardless of whether Harman had actually committed any crime, if Gonzales called the dogs off for political reasons (as the story asserts), then he has a problem. I don’t think it would be obstruction of justice per se since, after all, he was head of the DoJ. Short-circuiting a criminal investigation for political gain, however, is exactly the sort of use of public office that Harman appears to be accused of in the Stein story.
At this point it is difficult, if not impossible, to tell exactly what happened. There are tiny whiffs of spice conjured up here there, but no real meat on any of the bones. Stein even admits at the end of his story that none of the supposed gains bargained for were actually realized:
Ironically, however, nothing much was gained by it.
The Justice Department did not back away from charging AIPAC officials Steve Rosen and Keith Weissman for trafficking in classified information.
Gonzales was engulfed by the NSA warrantless wiretapping scandal.
And Jane Harman was relegated to chairing a House Homeland Security subcommittee.
All of which calls the veracity of the story into question. I don’t know what actually went down, and apparently neither does anyone else whose willing to be named. Until there are some solid facts produced and names put behind them, this whole “scandal” looks pretty contrived in my opinion. Which really just leaves two questions: (1) Why this old story now, and (2) Cui bono? Your guess is as good as mine.