The United States is pressing the 50 countries that banned American beef imports because of mad cow disease to lift the restriction. The Agriculture Department plans to increase ten fold the number of cows it tests each year for the disease.
But that number is still well short of the 100 percent testing requested by Japan, a major market for U.S. beef. In an effort to woo back international customers, Creekstone Farms, a small Kansas meatpacker, has proposed testing all of its beef. Creekstone is proposing to pay for the testing itself, and passing the costs -- as much as $20 per head -- along to its customers. Creekstone Vice President Kevin Pence concedes that it's purely a marketing move. The company's cattle are all under 30 months old, and only cattle older than 30 months are considered at risk for mad cow disease. The import ban on U.S. beef has cost Creekstone some 20 percent of its business. Pence says another year like this would put Creekstone out of business.
My, this whole thing just gets more and more impressive.
Creekstone Farms (and, I gather, one or two other private producers) wants to test every single one of its cattle bound for market for Mad Cow. A really good thing, you'd think.
Other firms don't want Creekstone to do this. Not surprising, because the other firms don't want to be required to do so, either by law or as a way to compete with Creekstone. They don't want the additional cost or hassle, and they don't want to lose customers who might trust Creekstone's fully tested herds more than they would trust others' 28-percent tested herds.
It turns out that the USDA isn't terribly thrilled by the idea, either. They are unthrilled to the point that they may not allow Creekstone to test all their cattle or to significantly exceed testing guidelines. This despite the fact that Japan, a principal export market, has repeatedly and flatly stated that it will not allow US beef back into its markets until every single head is tested.
The really surprising thing is that Creekstone has to petition the USDA to be allowed to do this. You would think that Creekstone could simply just do it. Normally this sort of federal testing requirement is a minimum, along the lines of you MUST test AT LEAST 28 percent of your cattle bound for market for this disease. If individual companies want to exceed federal requirements, the government normally says, go ahead, knock yourself out.
Part of the problem seems to be the issue of who, exactly, does the testing. The cattle can only be certified disease free by the USDA itself, and the USDA will not allow (and, to be honest, does not have the staff or inspectors for) more than its set percentage to be randomly sampled and tested by its own people. Private companies have not yet been certified for these tests ... and to be somewhat fair, there is cause for the USDA to be wary of allowing private companies to perform and certify their own tests; if they allow firms to self-certify their own tests, there's nothing to stop them from doing an impressive amount of falsification. That is, after all, part of what got the world-wide beef industry into this mess in the first place. Logically, what they really should do is to allow independent companies -- companies with no connections to either the beef industry or the government -- to be certified.
There's also the issue of individual states' requirements. For example, California wants to require all beef in the state to be tested.
A week after federal officials announced plans to increase testing for mad cow disease, two California legislators introduced a bill to require all cattle in the state to be tested for the disease. If passed, SB 1425 could pit California against the U.S. Department of Agriculture, which is considering whether to allow anyone other than its scientists to test for mad cow disease, also known as bovine spongiform encephalopathy, or BSE. [...] The measure would require all beef and beef-based meat products sold or processed in California to come from cattle that have tested negative for the brain-wasting disease. It would also require that all cattle slaughtered in the state be tested.
While this may get around the issue of beef-industry self-interest, it still leaves the question of who, exactly, will perform and certify the tests open. All of this also leaves open the possibility that companies interested in the export market -- and not all producers are -- may wind up testing 100% of their cattle, and companies only interested in the domestic market may stick with the USDA's mandated percentage. Thus, we would wind up bearing a much higher risk of getting untested beef into our food.
All that said, the USDA has not been completely idle on this issue. They've certified the use of rapid-assay testing for the first time:
The Department of Agriculture has licensed two rapid tests for use in detecting mad cow disease, known technically as bovine spongiform encephalopathy (BSE). The tests, made by Bio-Rad Laboratories in Hercules, Calif., and Idexx Laboratories in Westbrook, Maine, produce results in four to five hours.
USDA had announced in mid-March that it would for the first time use rapid assays in its BSE testing program, which aims to examine brain tissue from 201,000 to 268,000 slaughtered cattle over a 12- to 18-month period (C&EN, March 22, page 7). USDA’s National Veterinary Services Laboratories in Ames, Iowa, as well as NVSL facilities in 25 states, will use the Bio-Rad and Idexx kits for the testing. The program is expected to start in June.
The Bio-Rad kit is the most widely used BSE assay in Europe and is used almost exclusively in Japan to test all its slaughtered animals. The Idexx kit has been submitted to the European Union for approval.
So our results will at least be as accurate as those used in Europe and Japan. They just won't be as comprehensive.
For now, anyway.
Posted by iain at 01:44 PM
Media Relations: back in the loh life again/ March 31, 2004
Only a very brief comment.
Posted by iain at 01:20 PM
On April 17 1994, Madalena Mukariemeria stepped forward to die. "The killer was a very big man. He had this huge club full of nails and sharp pieces of metal. He was such an expert he could kill with just one blow to the head. I wanted this man to kill me. People had been dying in such terrible ways and he would do it quickly," she says....
In the capital, the bodies were already piling up. The killing began a little slower in Kibuye, isolated to the west among lush, rolling hills on the banks of Lake Kivu. But in time this place would come to be known as the "purest genocide" because of its high concentration of Tutsis, and because - though civil war was its backdrop - that fighting was far away: this was simply a slaughter of civilians.
The first to die in Kibuye was a Tutsi agronomist named Bigirimana. A few days later word reached the church that it was Dr Kayishema who had settled an old score by demanding the man's head. It was skewered on a pole in the middle of the town's only roundabout....
After the slaughter, the church became one of the safest places to hide. The rotting corpses kept the militia at bay and Louis buried himself under the bodies. "At night I would creep down to the lake to drink and eat bananas and sneak back into the church and hide under the bodies before dawn," he says. "On the first night, there were some wounded children in the brush, crying out all night. The crying attracted the interahamwe. They picked up the children and smashed them against the wall."...
Eleven thousand people were murdered in and around Kibuye church on April 17 1994. The next day, Dr Kayishema led the slaughter of about 10,000 people in the town's stadium.
A decade on, Madalena has not changed her view that it would have been better to die under the swinging club ... Madalena's tiny home is decorated with religious pictures even though she refuses to go near the church any more. She gestures at a painting of Christ on the cross. "I believe Jesus was crucified, crucified like the Tutsis." Now 52 years old, she has an open face, bright eyes and a schoolgirl giggle. But her expression switches suddenly to wrenching sadness as she tells how her sister-in-law and a dozen members of her family who survived the slaughter in 1994 were butchered three years later by Hutu militiamen who crossed from Zaire.
Madalena took in six orphans from her extended family, bringing them up alongside her own four children. Almost all the girls and women in the family were raped, and one of the adopted children died of Aids. The others show no signs of HIV but do not know for sure.
Survivor organisations estimate that two-thirds of Tutsi women who were raped are HIV-positive. One-quarter of all Rwandan children are orphans because of the genocide, war and Aids. Nearly one-third of all households in Rwanda are headed by women because so many of the men were killed ...
The government began releasing the genocidaire nearly two years ago. The nation's jail population had swelled to 120,000 and the established court system would have taken more than a century to try them. So the authorities revived a system of traditional courts - gacaca - designed to provide village justice with restitution through community service.
All but the worst killers - those who organised the slaughter, or were particularly noteworthy in the scale or brutality of their atrocities - are eligible for release if they confess their crimes, apologise to the families of their victims and agree restitution. The freed prisoner must also go before the gacaca courts as a witness against other genocidaire....
What could possibly be the proper restitution for having killed several entire families? For having tried to kill an entire ethnic group? What apology could ever suffice?
What would be the proper restitution for having to live down the street from the man who had raped you and your children, killed most of your relatives?
Posted by iain at 12:57 AM
Pink - it's my new obsession
Pink - it's not even a question,
Pink - on the lips of your lover
(oh)
'Cause Pink is the love you discover
Pink - as the bing on your cherry
Pink - 'cause you are so very
Pink - it's the color of passion
Ah, 'cause today it just goes with the fashion...
--Aerosmith, "Pink"
Pink, which is an identifier for at least one street gang and is one of this season's hot fashion colors, is out for the remainder of the year in Merrillville schools.
Associate Superintendent Michael Berta confirmed Monday that students at Merrillville High School were told in a message over the intercom system last week that they will not be allowed to wear pink clothing or accessories. Students at Pierce Middle School and Merrillville Intermediate School seen wearing pink were told by school officials to avoid the color, although no schoolwide announcements were made there.
Although Merrillville High School Principal Mark Sperling didn't state why in addressing students, the underlying reason is that pink has been associated with street gangs, Berta said.
Interesting thing: now that this impressive decree has garnered a certain amount of national attention, the principal of Merrillville High, in a televised interview on Chicago's Fox affiliate, stated that, no, of course he'd never told students that they couldn't wear pink; merely that they should use caution. As one of the students pointed out, gangs also use red and black and blue as gang colors -- more recently and closer to home than the pink that's sending the school administration into a frenzy -- yet somehow nobody is telling them not to wear those colors.
Posted by iain at 09:36 PM
ED BRADLEY:
The secretary of state, defense, the director of the CIA, have all testified in public under oath before the commission. If - if you can talk to us and other news programs, why can't you talk to the commission in public and under oath?
CONDOLEEZZA RICE:
Nothing would be better, from my point of view, than to be able to testify. I would really like to do that. But there is an important principle here ... it is a longstanding principle that sitting national security advisers do not testify before the Congress.
Rice Defends Refusal To Testify (Washington Post, March 29, 2004, page A01, registration required): National security adviser Condoleezza Rice, at the center of a controversy over her refusal to testify before the Sept. 11 commission, yesterday renewed her determination not to give public testimony and said she could not list anything she wished she had done differently in the months before the 2001 terrorist attacks. [...] Rice gave no ground on the administration's decision that she will not appear in public before the panel or testify under oath because Bush officials believe doing so would compromise the constitutional powers of the executive branch. The renewed refusal came despite the panel's unanimous plea for her testimony. [...] Two Republican officials, who declined to be identified because they are not supposed to talk to reporters, said White House aides are discussing ways they could compromise with the commission, formally known as the National Commission on Terrorist Attacks Upon the United States, perhaps by agreeing to the declassification of Rice's private testimony. "That would show people that she is cooperating, and make it clear that her testimony is consistent with her public pronouncements," one official said. "That would help our credibility."
Well ... no, it really wouldn't.
The problem is that the administration is (1) badly mishandling the public side of this, and (2) absolutely wrong, but since when was that news? As far as the public side goes, the administration's position is that the presidential advisors should not be required to testify before Congress, because the executive should not be required to testify in front of the legislative in that way when no legal wrongdoing has been alleged. And I get that, I really do. Of course, the problem with that position is that when the secretaries of state and defense have already testified, it makes the administration in general and Rice in particular look nitpicking and stupid. It's also simply wrongheaded; at this point, there's nothing to lose by publicly admitting that they got caught out looking the wrong way. After all, I think we've all pretty much figured that out by now.
The solution the administration is floating, to have Rice "voluntarily" testify before the commission -- but not under oath -- might solve the separation of powers issue, to the extent that one exists anywhere but in their heads, but makes their public relations problem even worse. This "private testimony", in theory, would allow her to give testimony without acknowledging that the commission had the right to command that testimony. The problem is that to the public, refusal to give testimony under oath looks like lying. People don't see the niceties of the separation of powers issue; they only see that the government is flatly refusing to allow one of its advisors to testify unless she isn't sworn in. It looks for all the world like they're saying, "Lying! She plans to lie! But if she's not under oath, they can't do anything about it!"
They can't even take their normal political tack and paint this as a partisan issue, because the commission is led by Republicans. Their maneuvering room in this is sharply limited.
They need to do one of two things: either bite the publicity bullet and say that Rice won't testify no way no how and there will be no further public comment on this issue, or let her testify. (I rather hope they keep on like this. If Kerry's smart, he won't say a word about this; they're doing all the damage for him their own damnselves.)
Posted by iain at 11:27 AM
And so the Gwen Araujo trial finally gets underway, with jury selection proceedings.
Jury selection starts in transgender murder (CNN.com, March 15, 2004): The gruesome evidence, the brutal injuries -- David Guerrero dreads hearing of these at the trial of the three men accused of killing his sister's child, Eddie "Gwen" Araujo. But he'll be there when jury selection begins Monday, part of his family's quiet but determined effort to make sure that Araujo -- and the thousands of other transgender people living under the threat of violence -- aren't forgotten. "That's what keeps me going," says Guerrero. "That's going to be my form of justice." [...] The Guerreros' ordeal began October 3 when Araujo, who had been dressing as a woman for some time, went out to meet friends at a party and did not return. Two weeks later, Jaron Nabors, one of the young men who had been at the party, led police to her body. Nabors later testified against his friends at a preliminary hearing last year in exchange for being allowed to plead guilty to voluntary manslaughter. The three remaining defendants are Michael William Magidson, Jose Antonio Merel and Jason Michael Cazares, who face 29 years to life in prison if convicted of the murder, which was charged as a hate crime.
According to Nabors, the story began in the summer of 2002 when the four defendants met the pretty, flirtatious girl they knew as Lida. Merel and Magidson later had sexual contact with Lida, according to Nabors, growing suspicious about her gender after they began comparing notes about the encounters. On October 3, the four confronted Lida at Merel's house, shouting "Are you a man or a woman?" and sending a woman friend into the bathroom with her to find out.
Then the beating began. Araujo begged for mercy, saying "No! Please don't. I have a family." She was struck in the head with a skillet, punched and choked, Nabors said. She took a blow to the face so hard her head crashed into the wall, leaving an indentation. She was tied up, wrapped in a blanket and dragged into the garage to keep blood from getting on the carpet. Nabors said he did not see what happened next, but he said one of his friends later told him he had strangled Araujo, and another admitted hitting her twice over the head with a shovel to make sure she was dead.
Oakland Tribune Online - Defense is hinting at heat-of-passion claim (Wednesday, March 24, 2004)
Attorneys for three men charged with killing a transgender Newark teen offered hints of potential trial strategies as they questioned prospective jurors Tuesday. In his line of questioning, Michael Thorman, attorney for defendant Michael Magidson, suggested he ultimately could ask a jury to decide whether the killing was in fact a manslaughter -- a killing committed during a heat of passion -- rather than premeditated first-degree murder. He made a similar argument at the conclusion of the preliminary hearing in the case in March 2003.
Magidson, 23, and Jason Cazares and Jose Merel, both 24, are charged with murder and a hate-crime enhancement in the slaying of the teenager, who was beaten and strangled in a Newark home Oct. 3, 2002, according to testimony at the preliminary hearing.
The slaying occurred after the men learned that a young woman they knew as Lida was biologically male, according to the earlier court. Magidson and Merel allegedly had oral and anal sex with the victim, who was born Eddie Araujo but had been living as a young woman named Gwen at the time of the fatal encounter. [...] One query Tuesday to a juror tentatively assigned the seventh seat in the jury box captured the essence of Serra's questions to many others: "Do you feel that you would have such an emotional reaction to that sexual deception, that somehow it would put you in a state of mind where you couldn't be, one, rational, two, follow the law, and three, utterly fair and impartial to both sides?"
[...] In his questions, Thorman reminded potential jurors that the law allows them, when evaluating an unlawful, intentional killing, to consider, for example, whether the slaying was done in a "rage," a factor the attorney said could mitigate culpability.
One juror said the concept was "hard to swallow."
"Do you feel that, based on your state of mind, that if we came down to the question of murder vs. manslaughter that you could not give a fair trial to Mr. Magidson?" Thorman asked.
"It would be very hard," said the woman, who later was excused.
I should think it would be fucking hard to swallow. They're asking you to accept this formulation, more or less: We knew Lida/Gwen for a while, and we had sex with him/her. It was all oral and anal sex, so we never realized that there was, you know, a whole penis thing going on. Then we suspected that she might really be a boy, but we wanted to be sure. So on some totally completely different day, well after we'd had sex and the whole 'heat of passion' thing might be relevant, we dragged the information out of her and then we beat her to death. Well, after all, we were outraged! Outraged! And the only reasonable response was a vicious and brutal murder!
Please. Give me a fucking break. I hope by the end of this trial, those men receive the contempt of the jury which this defense strategy will have deservedly earned for them.
Posted by iain at 03:43 PM
Ha.
gfn.com - Spotlight News: As War Continues Gay Discharges Plummet
The number of gay men and lesbians dismissed from the military under the Pentagon's "don't ask, don't tell" policy has dropped to its lowest level in nine years, according to a report by the Servicemembers Legal Defense Network, or SLDN, a gay military advocacy group.
Last year, the military discharged 787 gay men and lesbians, a figure that marks a 17 percent decrease from 2002, and a 39 percent drop from 2001, according to the SLDN.
Who knows? Maybe if the mess in Iraq and Afghanistan and Haiti and wherever else our desperately overextended military has commited itself continue long enough, they'll formally get rid of the ban because they can't get enough warm bodies otherwise.
... Yes, I know. I slay me, too.
Purely a side note: I wonder how long it will be before the selective draft everyone says they don't want but are yet preparing for winds up on the front burner. After all, unless they stick a very long term stop-loss order on the military, for the foreseeable future, expiring enlistments are likely to far exceed new ones. (Although there is, of course, the small issue that once your active enlistment is done, you're supposed to go into the reserves for a set period. Just imagine how much fun that must be! Your enlistment is over, you're looking forward to becoming a civilian, and the government says, "Um .. no, no, we're mobilizing your reserves unit. You're coming back here. Congrats!")
Posted by iain at 03:56 PM
A Muslim chaplain once suspected of being part of an espionage ring at the Guantanamo Bay prison has been found guilty of two minor charges, prompting his lawyer to call him the victim of a "drive-by act of legal violence.'' Capt. James Yee, 35, was issued a reprimand Monday during an Article 15 proceeding, used by the Army to settle minor disciplinary issues. In such proceedings, a finding of guilt does not result in a criminal conviction. The commanding officer at the Guantanamo Bay base, Maj. Gen. Geoffrey Miller, found Yee guilty of two violations of military law - adultery and improperly downloading pornography onto an Army computer. Miller had the option of imposing 30 days' arrest in quarters, 60 days on restriction and a loss of one-half of a month's pay for a maximum of two months. He issued only a reprimand. Yee said he will appeal.
Well, considering as the man has already served 76 days in solitary confinement, his marriage has been at the least damaged by revelation of his alleged adultery and pornography habits, and his name has been dragged through the mud world-wide, adding on more punishment would seem just a tad excessive, wouldn't you think?
Really, doesn't this inspire all sorts of confidence in any governmental military tribunals? After all, they would essentially follow the same sorts of rules. They treat their own personnel so fairly and so well, why on earth wouldn't they treat foreign nationals and people accused of high treason just as well?
Yee says he will appeal; I wonder what the appeals channel is for this sort of thing. For that matter, I wonder what the grounds for appeal actually are? As far as I can tell, the adultery, at least, does seem to have occurred.
Posted by iain at 12:53 PM
I have to admit, this case is moderately baffling, in a way.
Hiibel Thumpers - The Supreme Court is suspicious. By Dahlia Lithwick: The Supreme Court hears oral argument this morning in the "drunken cowboy" case, a privacy dispute that has the conspiracy nuts in a tailspin and me in trouble with my Civil Procedure professor. The issue in Hiibel v. Sixth Judicial District Court of Nevada is variously described by the amicus briefs and the editorialists as whether the police have the right to demand your "papers"; mandate national identity cards; and impede ordinary citizens' freedom to roam free. But as the justices on the Supreme Court weigh in today, it's clear most of them don't see the case this way. One after another dismisses the national ID card debate as not at issue here. One after another suggests -- and to a rather frightening degree, at times -- that this case has nothing to do with innocent people, or ordinary people. This case has to do with "suspicious" people, and -- as you were no doubt aware -- suspicious people are not like you or me.
Here's the thing: most people are going to find it baffling that revealing your name means anything important, in this sort of circumstance. Especially when there are other ways of obtaining the information, such as running the license plate and asking whether or not this is your vehicle (and only a fool would answer that it wasn't his or her vehicle when asked ... although it's entirely possible that the response would be, instead, "Why are you asking?", which gets around answering the question, if not particularly effectively).
The problem with the Fifth Amendment approach, as I understand it, is that the only time offering up your name would be incriminating is if they do, in fact, have a warrant out for your arrest (or at least, for the arrest of a person with the same name). And I'm truly baffled as to how asking for someone's name could be considered a search in Fourth Amendment terms. This case is likely to be a very bad one for setting up any sort of hard, bright rule about, "Yes you MUST state your name at all times when asked" or "Here are the times when it's reasonable to withhold your names". (Let's face it: in this particular case, the police manifestly and grossly exceeded their authority ... and Mr Hiibel seems to be something of a yahoo looking for a dust-up. Well, he got it, didn't he? Mind, I am amazed that he's managed to keep the case going this long, and truly astonished that the state of Nevada, in a case involving what wound up being misdemeanors, agrees to keep going against its own interests and funding the public defender's office for this. Most states would have yanked the fiscal plug on this after the state supreme court decision, if not long before.)
We all seem to want to live in the world inhabited by most of the justices: where our names are private, and no one needs to incriminate themselves -- unless some policeman decides they are suspicious. Then, there is a duty, a responsibility, a constitution-negating requirement that you come forward -- to use Scalia's formulation -- and cooperate. This idea that the "suspicious people" (read: dark-skinned, poor, urban etc.) have some heightened duty to cooperate with the police is utterly backward, in light of the police's historical treatment of them. It's a shame Justice Clarence Thomas doesn't speak today. One can imagine that he has at least some idea of what it means to hold "suspicious" people to a different constitutional standard.
Hmph. Justice Thomas has seldom, if ever, demonstrated that type of empathy and insight. To be as neutral as one feels like being regarding him (which is not very), he would not let how such things have historically been done stand in the path of his belief in what the constitution mandates should be done. Which tends to be hard on minorities of all stripes, for obvious reasons.
Posted by iain at 12:27 PM
Rhea County is clearly a very ... different kind of place, isn't it?
The county that was the site of the Scopes "Monkey Trial" over the teaching of evolution is asking lawmakers to amend state law so the county can charge homosexuals with crimes against nature. The Rhea County commissioners approved the request 8-0 Tuesday.
Commissioner J.C. Fugate, who introduced the measure, also asked the county attorney to find a way to enact an ordinance banning homosexuals from living in the county.
I'm by way of thinking that they may not have much to worry about on that score. According to the 2000 Census, Rhea County has all of 28,608 people; in 1990, that figure was 24,344. Rampaging uncontrolled growth would not seem to particularly be a problem; one doubts that the madding crowd beating down the doors of Rhea County includes breathtaking number of people of the homosexual persuasion. Even if you assume that 10% of the people in the county are full out flamers, that's still less than 3,000 people; one would think that the county could somehow manage that number. And given the publicly stated hostility, I would think that one could reasonably assume that the number would be significantly lower than that. After all, if they're willing to go on the record with what they must surely know will be regarded as a spectacularly stupid vote and request by most people, then the level of non-public (but equally stupid) hostility would likely be sharply higher.
One could possibly almost feel sorry for the county attorney who will (one assumes) tell them that their request is so far beyond constitutional that it makes a running leap and bound into sheer lunacy. (Unless he has political aspirations, in which case he may actually try to do something with this.)
Posted by iain at 05:13 PM
3 Mepham players sue over assaults (NY Newsday, March 17, 2004)
Three high school football players sexually assaulted at a team training camp last summer filed negligence lawsuits Wednesday against the school, administrators, its football coaches and the three assailants and their parents. The lawsuits, which seek unspecified damages, were filed in state Supreme Court in Mineola, the plaintiffs' lawyers said at a news conference. The lawsuits follow last week's release of a Wayne County, Pa., grand jury report that criticized Mepham High School's football coaches, but found no basis for filing criminal charges against them.
Text of Wayne County grand jury's Mepham report (NY Newsday, March 10, 2004)
The Wayne County Investigative Grand Jury received evidence regarding the crimes committed in Preston Township, Waync County, Pennsylvauia, between the days of August 22 and August 27, 2003. The evidence included credible evidence that certain upperclassmen from the Mcpham High School, Long Island, New York, football team assaulted some of the younger members of the team. The entire team of 68 students was attending a football camp at Camp Wayne for Girls in Wayne County at that time. The team was chaperoned by five adult coaches. [...] The three perpetrators started their activities the first night of the camp by taping one of the young victims to his bed. They then required him to go to the adjoining cabin and put powder and gel in the hair of another underclassman. The next day two of the perpetrators hold down one another of the victims across his bed while the third assaulted him by sticking a broomstick coated with Mineral ice in his anus. This activity was conducted in front of other players who laughed and joked about it.
The assault by broomstick coated with Mineral Ice was repeated the next day on the same victim, but only after the 16 and 17 year old perpetrators had applied duct tape to the victim's legs, eyebrows, butt and pubic area and pulled it off slowly causing a great deal of pain. All of these actions were again witnessed by other players. The older players laughed but the younger players did not. Three different younger players were assaulted by having foreign objects inserted into their anuses by these young men. The objects which were used in the assaults were broomsticks and pine cones coated with Mineral Ice and in one instance a golf ball was inserted and then pushed in further using the broomstick as a ramming instrument. Two of the players endured these assaults more than once and were forced to actually commit the assaults on each other in front of others by the bullying of the older players. These two players were assaulted to various degrees daily starting on the second day of camp.
The two underclassmen were made to suffer further pain and humiliation by the perpetrators throughout the week at camp. One day they were forced to put Mineral Ice on their testicles and then alternately kicking each other in that sensitive area of the anatomy.
After the one underclassman had removed the golf ball from his rear, the other young player was required to put it in his mouth and was not told where it had been until after he had complied. The bullies then made him take the first underclassman's toothbrush and stick it in his anus. When the first underclassman returned to the room after cleaning himself from golf ball assault, he was made to brush his teeth using the toothbrush. [...] The Grand Jury is convinced based upon the evidence before it that if two of the victims had not required medical treatment for the injuries they sustained at camp within a few days after returning home, these crimes would not have been reported. Accordingly, the Grand Jury is also convinced that the coaches had no knowledge of there crimes and other activities until after the team had returned to New York and the victims sought medical attention.
The Grand Jury was asked to consider whether criminal charges should be brought in Pennsylvania relative to the coaches' acts or failures to act. In that regard the Grand Jury has reviewed the evidence before it in light of the crimes of Endangcring the Welfare of Children (18 Pa.C.S. Section 4304) and Recklessly Endangering Another Person (18 Pa.C.S. Section 2705).
After thoroughly examining the elements of those crimes and the evidence presented, the Grand Jury finds no basis for charging the coaches with either or both of these crimes. By legal definition the coaches acted neither knowingly nor recklessly with regards to the elements of these offenses. Their decision to place no coach or adult in any of the players' cabins and instead have a senior in charge of each cabin can certainly be viewed as ill-advised in hindsight or even negligent, but it does not suffice for criminal charges. It is unfortunately abundantly clear that the coaches did not know that the crimes committed by their players were being perpetrated...
I hadn't heard the detail of what was done before this, although I had heard about the objects involved. Not about the Mineral Ice, however.
I still find it truly amazing that these people did not know or understand that they were simply committing sexual assault. Likely a lesser variation of it had been done to them in previous years; if so, I don't understand why they didn't realize that they had also been sexually assaulted. Yes, "boys will be boys" ... but that simply doesn't excuse them.
Posted by iain at 04:56 PM
Wiese and Bruder, he said, "understand it would be difficult to return to the NYPD, but they just wanted to be treated fairly." [...] Bruder and Wiese were convicted in 2000 of obstruction of justice in perhaps the most notorious brutality case in the department's history. [...] The obstruction charges against Wiese and Bruder involved statements claiming that Schwarz did not participate in the bathroom assault. A federal appeals court overturned their convictions on Feb. 28, 2002, ruling that their statements did not adversely affect the sitting grand jury.
"It is critical to note that petitioners were not found guilty of any of the violence perpetrated upon Mr. Louima in the station house bathroom," the motion reads. "Nor were petitioners ever charged with taking any part in that bathroom attack."
My. Just when you think this case might have finally breathed its last, it heaves itself up from the deeps again.
I have to admit, I've never understood the grounds for overturning the obstruction charges. Surely the fact that the obstruction didn't succeed is technically irrelevant to the fact that it was attempted; they were charged with lying to a grand jury, not with successfully lying to a grand jury.
It will be interesting to see what the NYPD is willing to do to make this case go away. I can't imagine that they want anyone associated with the Louima case to be on the force. It'll also be interesting to see if they find a judge "sympathetic to their plight". Surely a judge will point out that they lied under oath; surely this will have some bearing on whether or not they could become police officers in good standing. Their convictions were overturned not because they were determined not to have lied, but because their lies turned out to be irrelevant.
Posted by iain at 04:39 PM
Observations show it measures about 1,180-2,360km (730-1,470 miles) across, making it similar in size to Pluto. Astronomers now say that Sedna may have its own moon, although this needs to be confirmed, and it is also very red in colour and shiny in texture. There is likely to be some debate about whether it qualifies as a true planet, but some scientists are already saying it re-defines our Solar System.
Hmm.
You wonder why it hasn't been seen before now.
I do hope that, if the planetary status is confirmed, they don't rename it. Aside from consistency, there's no reason not to have an Inuit goddess among the Greeks and Romans.
Posted by iain at 01:13 PM
CNN.com - Justice: Officials kept 9/11 souvenirs - Mar 12, 2004: The Justice Department investigation that criticized FBI agents for taking souvenirs from the World Trade Center site also found that Defense Secretary Donald H. Rumsfeld and a high-ranking FBI official kept items from the September 11 attack scenes.
The final investigatory report said the Justice Department inspector general confirmed Rumsfeld "has a piece of the airplane that flew into the Pentagon." The Associated Press obtained a copy of the report Friday. Pentagon spokesman Lawrence Di Rita said Friday night that Rumsfeld has a shard of metal from the jetliner that struck the Pentagon on a table in his office and shows it to people as a reminder of the tragedy Pentagon workers shared on September 11, 2001. "He doesn't consider it his own," Di Rita said, adding the piece is on display for the Pentagon. "We are mindful of the fact that if somebody has an evidentiary requirement to have this shard of metal, we will provide it to them."
The Pentagon is a building. I can't imagine that it wants a piece of the plane to display.
Facetiousness aside ... what the hell was he thinking? what sort of person is he that he would want that as a souvenir? What sort of person is he that he would want a souvenir of that? He needs a reminder? Go to New York and look at the big hole in the ground. Better yet, go around the corner in his own damn building and look at that shiny new section that ought not to be there.
...The Justice Department investigation also collected testimony that Pasquale D'Amuro, FBI Director Robert Mueller's executive assistant director for terrorism until last summer, asked a supervisory agent to "obtain a half dozen items from the WTC debris so the items could be given to dignitaries." Six items -- none needed as evidence -- were gathered and sent to D'Amuro, the report said.
One can but imagine the private thoughts of said dignitaries as they receive a piece of a building with bits of plane and blood and other matter as a "memento". (And if they're sick enough to ask for such things, why on earth would we indulge them?)
The report also divulged that FBI agents' removal of items like a Tiffany crystal globe from the World Trade Center rubble gutted a criminal case the bureau was building against a Minnesota contractor that had taken a fire truck door from the same rubble. Prosecutors told the FBI they "might not indict the crime regarding the fire truck door due to government misconduct involving the Tiffany globe," the report said. [...] The Justice Department's report has not been officially released, but heavily deleted versions of the report began circulating around Washington last month showing 13 FBI agents had taken rubble, debris and items such as flags and a Tiffany crystal globe paperweight. The bureau announced it was banning agents from taking items from crimes scenes, but no agents were being charged with crimes because the bureau did not have such a policy during the September 11 investigation.
You know ... you would not think that a criminal investigation agency would need to tell its agents not to remove items from what is, functionally, one really big crime scene. You just wouldn't think that at all. Clearly, you would be wrong.
The report stated FBI agents who worked in New York repeatedly expressed their disgust that visiting agents and supervisors would seek souvenirs from the terrorist attacks. Many interviewed regarded the debris as sacred, the report stated, "and were disgusted by the fact that anyone would want to take items, including pieces of the building which were contaminated with blood and human body parts." The report discloses that among the items taken, agents had cut World Trade Center security patches from the sleeves of shirt pieces found in the rubble.
Even if I could understand the desire to have a piece of the buildings or of the planes -- which I can't, really -- why in the name of heaven would you want pieces of clothing from the people who had died?
Posted by iain at 12:40 PM
My, but Congress does get up to the most interesting things when you're not looking.
H. R. 3920
To allow Congress to reverse the judgments of the United States Supreme Court.
IN THE HOUSE OF REPRESENTATIVES
MARCH 9, 2004
Mr. LEWIS of Kentucky (for himself, Mr. DEMINT, Mr. EVERETT, Mr. POMBO, Mr. COBLE, Mr. COLLINS, Mr. GOODE, Mr. PITTS, Mr. FRANKS of Arizona, Mr. HEFLEY, Mr. DOOLITTLE, and Mr. KINGSTON) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To allow Congress to reverse the judgments of the United States Supreme Court.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Congressional Accountability for Judicial Activism Act of 2004’’.
SEC. 2. CONGRESSIONAL REVERSAL OF SUPREME COURT JUDGMENTS.
The Congress may, if two thirds of each House agree, reverse a judgment of the United States Supreme Court—
(1) if that judgment is handed down after the date of the enactment of this Act; and
(2) to the extent that judgment concerns the constitutionality of an Act of Congress.
SEC. 3. PROCEDURE.
The procedure for reversing a judgment under section 2 shall be, as near as may be and consistent with the authority of each House of Congress to adopt its own rules of proceeding, the same as that used for considering whether or not to override a veto of legislation by the President.
SEC. 4. BASIS FOR ENACTMENT.
This Act is enacted pursuant to the power of Congress under article III, section 2, of the Constitution of the United States.
But wouldn't an act that gives Congress the authority to review the constitutionality of a reversal of its unconstitutional acts be ... you know, unconstitutional? Wouldn't that require a full constitutional amendment? Technically speaking, the Court can overrule the act itself by ruling it unconstitutional. For that matter, given the way the act is currently phrased, they can just get into a long loop of the court determining that the act is unconstitutional, Congress passing it again, the Court saying, "Tough, it's still unconstitutional," and so on and so on ...
It's a lovely piece of political grandstanding by Congress, likely to play well in the home districts. Basically, Congress now says that they want to be the final judges of whether or not their acts are constitutional. It would destroy the long and intricate balance of powers dance that we've done for a couple hundred years now. In any event, for the most part, the sorts of things that Congress gets pissed off about aren't always acts of Congress that are reversed -- for example, Lawrence vs Texas had nothing to do with them. On the other hand, that would mean that if the Court strikes down the Child Online Protection Act (as they should) after the passage of this law, Congress could then turn around and simply override them. Which would be very bad indeed.
Posted by iain at 04:30 PM
$5 million settlement reached in Texas lawsuit that disbands discredited drug task force (SFgate.com, March 11, 2004)
More than 40 people snared in a now-discredited drug sting in the Texas Panhandle town of Tulia will share $5 million as part of a settlement, an attorney for the plaintiffs said. The agreement with the nearby city of Amarillo, announced Wednesday, also ends the multiagency task force that ran the sting operation. It was cheered by the NAACP and attorneys representing those arrested in what many believe was a racially motivated operation.
"The settlement that was reached is truly historic," attorney Jeff Blackburn told The Associated Press. "It represents the first example of a responsible city government putting an end to irresponsible task force system of narcotics enforcement." [...] All but one of the 46 people arrested -- most of them black -- will receive some portion of the $5 million. The person not included is deceased. A claims administrator will divide the funds. [...] Mediation is ongoing with others named in the lawsuit -- 26 counties and three cities that were involved with the Panhandle Regional Narcotics Trafficking Task Force. Swisher County officials earlier approved a $250,000 settlement for those imprisoned based on Coleman's testimony in exchange for the defendants promising not to sue the county. Coleman no longer is an officer.
$5 million settlement reached over Tulia drug bust (Houston Chronicle, March 11, 2004): Plaintiffs in a civil-rights lawsuit settled for $5 million involving a now-discredited drug bust accomplished their goal of dismantling the task force they say targeted blacks, the attorney for the two women who filed the lawsuit said today. "There's no amount of money that could ever compensate the people in Tulia," said attorney Jeff Blackburn at a news conference announcing the settlement. "In our view this was a whole systemic failure." [...] One defendant died before going to trial and is not included in the settlement, Blackburn said. A claims administrator will determine how the funds will be apportioned, taking into account factors like the amount of jail time served. [...] The women's suit was filed Aug. 22, the same day Gov. Rick Perry pardoned 35 prosecuted in the Tulia cases. Those 35 defendants spent a combined 80 years in jail.
I'm glad to hear that the case is settled, I guess.
But somehow, $5 million divided by 44 divided by a collective 80 years spent in prison sounds like far too little. I understand the desire to get this done and over with, to avoid the cycle of appeals that a large jury verdict would create. (Assuming you could get a large jury verdict from a pool that produced the people who served on juries that created this mess in the first place.)
But still.
Posted by iain at 04:03 PM
Media Relations: end of the loh life/ March 10, 2004
Posted by iain at 01:52 PM
Bush appointee resigns over marriage issue (Washington Blade Online, Friday, March 05, 2004)
A New York City real estate developer who became one of President Bush's most visible openly gay appointees resigned in protest last week from his post as vice chair of the U.S. Commission of Fine Arts after the president endorsed a constitutional amendment to ban gay marriage.
"In light of the president's support for the Federal Marriage Amendment, I could no longer continue serving the administration, given the impact of that proposed amendment on me and my family, should it ever become law," Donald A. Capoccia said.
Capoccia, president of the Manhattan-based BFC Construction Corp., has been a longtime Republican Party contributor and a strong supporter of the Log Cabin Republicans, a national gay GOP group with chapters in New York and other states. Capoccia also serves as co-chair of the Republican Unity Coalition, which bills itself as a gay-straight alliance of Republican Party leaders who favor equal rights for gays.
I point out, as gently as one can, that if the "most visible" gay person is but the vice chair of the US Commission on Fine Arts -- and the Republicans are on record as believing that the government should provide no funding whatsoever to fine arts -- then you're not terribly visible. This is, however, purely a side note.
... Gay Republican activist David Greer said he intends to remain in his post as Bush administration appointee to the Presidential Advisory Council on HIV/AIDS. But Greer said he would speak out strongly against the Federal Marriage Amendment. He predicted Bush would be hurt rather than helped in the upcoming election because of his call for a constitutional amendment.
Greer, as president of the Log Cabin Republicans of Philadelphia in 2000, helped organize a gay host committee to welcome Bush and the GOP leaders to that city, where the 2000 Republican National Convention was held. Greer and Capoccia were both members of the so-called “Austin 12” gay GOP activists who met with Bush during the 2000 presidential campaign.
Now, four years later, Greer said, the president’s endorsement of the FMA has effectively ended gay support for Bush and would most likely result in a near “wipe out” of the 1 million gay votes that Bush received in the 2000 election. “For myself, this is a line in the sand that can’t be crossed,” Greer said. “Any gay Republican who says this is no big deal, that the amendment can’t be passed, is being disingenuous.” Added Greer, “If there is one reason for gay Republicans to exist, it is this one moment in time. We must stand up and say this is wrong for this party and this is wrong for this president.”
One would think that Greer, whose appointment was quite public and quite contententious within the Republican Party, would be considered the most visible gay person within the administration. And he's staying.
While I do think that he's right in saying that the Republicans do need someone within the party to stand up and say, "This is wrong," I'm not at all sure that he's the person to do it, or that any gay person would be. After all, gays within the party have already been marginalized; the chance that anyone would pay the least attention to him is vanishingly small. He'll also be perceived as somewhat self-interested. (Why is it that self-interest is only considered a bad thing when you're advocating positions that actually matter to you?) That said ... given that he's decided to stay, all he can do is try to make changes from within. And maybe if he can make his points forcefully enough and with the right people, someone will listen.
Both Greer and "Gay public relations executive Charles Francis, the Bush family friend who played the lead role in founding the RUC in 2001" note that this is likely to strip one million votes from Bush out of hand. Others would note that (1) it's very likely to add quite a few conservative Democrats to his tally, and (2) unless all one million of those votes are in some closely contested state, given the structure of our voting, it doesn't matter that much. A few hundred thousand in California (which Bush would likely lose anyway), a few hundred thousand in New York and Illinois (ditto and more ditto), maybe some in Texas and even some in Florida (which Bush is very likely to win outright this time around) ... scattered like that, the loss of a million votes isn't likely to matter to Bush directly ... although it may make a difference in some local races, maybe even in the House or Senate. Depending on where they all are, of course.
Posted by iain at 11:31 AM
Sources: PM drops option of moving Gaza settlers to W. Bank (Haaretz - Israel News, 06/03/2004 18:44): Political sources said Friday that Prime Minister Ariel Sharon, in a concession to the United States, had dropped the option of moving settlers from Gaza Strip settlements to the West Bank, an idea that had enraged Palestinians. Also Friday, security sources said that, bowing to White House pressure Israel intends to wait until after the U.S. presidential election in November before uprooting the Jewish settlements in Gaza.
... How very interesting. The administration is trying to tune international politics for electoral purposes.
The thing is -- and it doesn't particularly reflect creditably on anyone -- we don't actually care that much if Israel erupts in violence near the elections. There is, after all, only so much that we could possibly do, especially when the governing bodies of both sides seem supremely disinterested in actually negotiating a meaningful peace (and one of the governing bodies is entirely incapable of enforcing it, interest aside). It's not likely to hurt Bush much if things go to hell in a handbasket (... well, OK, if they go to hell in a larger than normal handbasket somewhat faster than usual). About the only thing it could do would be to remind people that Our Glorious Shrub's war on terrorism isn't going terribly well in that area, and given that the Israeli/Palestinian conflict somewhat predates our actually paying much attention to terrorism, despite everyone's best efforts, the mental connection between them in this country is somewhat tenuous, at best.
But still. The concept that the administration would request a client state to defer doing something that they regard as necessary for their security is somewhat disquieting -- although how putting settlers in the West Bank would do anything other than paint a big target on their backs saying, "Shoot them! Shoot them now!" is beyond me.
Posted by iain at 11:50 PM
Well. This ought to be entertaining.
Subpoenas for White House (Newsday.com, March 5, 2004).
The federal grand jury probing the leak of a covert CIA officer's identity has subpoenaed records of Air Force One telephone calls in the week before the officer's name was published in a column in July, according to documents obtained by Newsday. Also sought in the wide-ranging document requests contained in three grand jury subpoenas to the Executive Office of President George W. Bush are records created in July by the White House Iraq Group, a little-known internal task force established in August 2002 to create a strategy to publicize the threat posed by Saddam Hussein. And the subpoenas asked for a transcript of a White House spokesman's press briefing in Nigeria, a list of those attending a birthday reception for a former president, and, casting a much wider net than previously reported, records of White House contacts with more than two dozen journalists and news media outlets. [...] The subpoenas required the White House to produce the documents in three stages - the first on Jan. 30, a second on Feb. 4 and the third on Feb. 6 - even as White House aides began appearing before the grand jury sitting in Washington, D.C.
The subpoena with the first production deadline sought three sets of documents. It requested records of telephone calls to and from Air Force One from July 7 to 12, while Bush was visting several nations in Africa. The White House declined yesterday to release a list of those on the trip.
Given past history, what will likely happen next is that the administration will stand on executive privilege and refuse to release the information. There will then follow a long drawn-out court battle about whether or not the investigators have the right to subpoena these records.
To be sure, some of the reaction of the administration may depend on how and when the Supreme Court decides the last case on these types of issues, Cheney's energy committee records. If the Court determines that the records should be released, the administration may decide to release the phone records relating to the Flame affair without further resistance.
... Nah. This administration cooperating with a subpoena without going down fighting? Never happen.
Posted by iain at 12:50 PM
Rebels rolled into the capital Monday and were met by hundreds of residents dancing in the streets and cheering the ouster of President Jean-Bertrand Aristide. The United States denied allegations Aristide was kidnapped by U.S. forces eager for him to resign and be spirited into exile. Most of the 150 U.S. Marines who arrived Sunday night were at the capital's airport, some doing overflights in a helicopter. Some of the 50 Marines who arrived last week drove cautiously along the waterfront road, and pedestrians raised their hands in fright and surprise upon seeing them.
As a matter of purest curiosity: what on earth do they expect a force that small to do? Port-au-Prince isn't that small, and there's an entire country in outright rebellion and reprisal mode.
.... Randall Robinson, former president of TransAfrica monitoring group, said the former Haitian president told him in a phone call that he was abducted from Haiti by U.S. troops who accompanied him on a flight to the Central African Republic. "He asked that I tell the word that it is a coup," Robinson said in a statement. "That he was abducted by American soldiers and put aboard a plan, told to make no phone calls to anyone, put aboard a plane with his sister's husband and his wife."
Secretary of State Colin Powell called those allegations "absolutely baseless, absurd." "He was not kidnapped," Powell told a news conference.
Defense Secretary Donald Rumsfeld added that "the idea that someone was abducted is inconsistent with everything I saw."
Everything he saw. From Washington. Well. Yes. Quite.
Aristide and his wife arrived in the Central African Republic for what will be at least temporary asylum, said Communications Minister Parfait Mbaye. Aristide's departure was secured by U.S. forces at his request, U.S. officials said. Haiti's first democratically elected president, who was pressured to leave by the United States and the rebels, would travel next to South Africa, according to state radio and a senior Caribbean Community official.
Assuming, for the sake of argument, that Aristide didn't want to leave ... having one's retreat involuntarily "secured" would seem to be indistinguishable in any substantive way from "kidnapping".
Haiti Destabilization by the Book: George W. Bush just got another scalp, this time that of Jean-Bertrand Aristide, the democratically elected leader of Haiti whom Bush helped topple over the weekend.
Aristide was no angel, but this has all the earmarks of a successful U.S. destabilization campaign.
First, the Bush Administration strangled Haiti's economy by blocking U.S. foreign aid and pressuring other countries and the World Bank not to give aid. For this poorest country in the hemisphere, such an aid embargo proved devastating.
Second, it is likely that rightwing members of the Administration, perhaps along with CIA officers, gave support to the rebels.
Richard Holbrooke, former U.S. Ambassador to the U.N., told ABC that some of the rebels have had ties with U.S. intelligence agencies.
According to The New York Times, several of the rebels had been part of the Haitian death squad FRAPH, which was funded by the CIA in the early 1990s.
Hmph. Not that I am loathe to believe ill of this administration, but I will note that because someone had ties with the CIA a decade ago does not necessarily mean that they have current ties.
What I frankly would like to know is: what the hell are we going to do with the country now? We already have one desperately underfunded, undermanned occupation running on the other side of the world. We surely do not need yet another one. We surely have neither the fiscal nor military resources to run another one. Unfortunately, this one can't be done right, any more than the occupation of Iraq (which could have been). The administration will likely decline to send sufficient troops -- not that there are all that many available to send anyway. The OAS may well feel that, since it seems that Washington has had a finger in deposing yet another democratically elected leader, dealing with the resulting mess should be Washington's problem. The UN may well feel the same. The UN has also had dramatic illustrations recently of how unwise it can be to send humanitarian aid into a country that's still in full fledged rebellion; aid to Haiti may well be a long time in coming.
(It would be nice if, in some miraculous way, it were be possible for one president to actually get through his term of office -- be it four years or eight -- without having to intervene in that country's affairs. Haiti has been the Sick Man of the Western Hemisphere for well over a century. The puzzling thing is that whatever happens in Haiti, it's not reflected in the Dominican Republic. The island of Hispaniola isn't all that big; you'd think that sort of chaos would frequently slop over into the neighboring country -- in persistent refugee crises, if nothing else -- and it never seems to do so.)
Posted by iain at 05:34 PM
You know ... I will admit to being totally and completely befuddled as to what the president's proposal to amend the Constitution has to do with Justice Scalia's refusal to recuse himself from Cheney's case. The connections do seem just a tad tenuous, at the least.
That said ... Congressman McDermott is impressive in this little bit, isn't he?
Congressman Jim McDermott - Representing Washington State's 7th Congressional District - Speeches
Regarding Justice Scalia's Refusal to Recuse Himself From Hearing Case Concerning the Vice President
House of Representatives - February 25, 2004
Mr. Speaker, the President's presidential prayer team is urging us to "pray for the President as he seeks wisdom on how to legally codify the definition of marriage. Pray that it will be according to Biblical principles.''
With that in mind, I thought I would remind the body of the biblical principles they are talking about.
Marriage shall consist of a union between one man and one or more women. That is from Genesis 29:17-28.
Secondly, marriage shall not impede a man's right to take concubines in addition to his wife or wives. That is II Samuel 5:13 and II Chronicles 11:21.
A marriage shall be considered valid only if the wife is a virgin. If the wife is not a virgin, she shall be executed. That is Deuteronomy 22:13.
Marriage of a believer and a nonbeliever shall be forbidden. That is Genesis 24:3.
Finally, it says that since there is no law that can change things, divorce is not possible, and finally, if a married man dies, his brother has to marry his sister-in-law.
Purely a side note: the difference from one representative's site to another is really quite striking. For example, although it doesn't matter to me in general what Representative McDermott's position on various issues is, I can find that information on his site. By contrast, Representative Danny Davis, who actually represents my district, has no such section on his site. He does have a section on legislation sponsored and supported, but that's not quite the same thing as simply telling you what his position on the issues of the day are. The legislation list is also highly selective; some of the stuff leaves you wondering why on earth you'd mention it. After all, whatever the content, a resolution "Expressing the sense of the House of Representatives regarding the ongoing need to provide every qualified American with equal access to opportunity in education, business, and employment and the indispensability of Affirmative action programs in securing such equal access" doesn't actually do a damn thing, even if it passes. (For some odd reason, it's languishing in the Subcommittee on the Constitution, despite the fact that an "expressing the sense" resolution doesn't rise to the level of actual legislation.)
Posted by iain at 12:40 PM
My, but San Francisco is just having itself an interesting time these days, isn't it?
Wired News: S.F.: If You're Asked, Don't Tell
Following a nationwide backlash by municipalities against the USA Patriot Act, San Francisco will present voters with a ballot measure that proponents say will protect city residents from federal snooping. Proposition E, which is slated for vote in California's March 2 primary election, would authorize the Board of Supervisors -- instead of individual city workers -- to respond to federal requests for San Franciscans' private records. [...] San Francisco's Proposition E would allow the Board of Supervisors -- which sponsored the measure -- to review federal subpoenas for violations of residents' civil rights, said the measure's sponsor, Supervisor Jake McGoldrick. "This will protect people's privacy in a direct way," said McGoldrick. "If we get orders from the Bush-Cheney-Ashcroft regime we'll be able to see if any kind of profiling or abuse is being committed." He said the city attorney would fight any federal order that showed evidence of violating the Fourth Amendment, which protects Americans against unreasonable searches and seizures.
In other words, kick any PATRIOT requests so far upstairs that they'll take forever to respond to, and done in a way that pretty much ensures that despite Justice's efforts, some information somewhere will get out to the public and probably to the subject of the subpoena.
The Justice Department has pooh-poohed these local measures, saying they're based on erroneous information and legally inconsequential. "Federal law trumps local laws when it comes to federal issues," said department spokesman Mark Corallo, who dismissed San Francisco's Prop E as political grandstanding. "There's nothing in the Patriot Act that allows racial profiling and nothing in federal law that allows racial profiling," he said. "But why should the Board let the facts get in the way of a good piece of rhetoric?"
Oh, certainly, it's political grandstanding. Mr Corallo's remarks about racial profiling are entirely specious, however; whether or not profiling is allowed has nothing whatsoever to do with whether or not it takes place.
Not that this will be remotely effective, of course. Faced with a procedure expressly designed to be obstructionist, the Justice department is simply likely to threaten the front-line personnel with jailtime unless they produce the subpoenaed records immediately, independent of any procedures put in place by the city. Thus, city employees will be faced with a quandary for any PATRIOT related requests: follow procedure, kick the request upstairs, and get jailed by the Justice department, or do as the department asks and produce the records, and get fired by the city.
Posted by iain at 11:34 AM