November 2013 archive

Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The Supreme Court recently ruled that refusing to talk to the police can be held against you in a court of law, contrary to the Fifth Amendment.

(I)n a 5-4 ruling on Salinas v. Texas in which the conservative members of the Court and Anthony Kennedy determined that if you remain silent before police read your Miranda rights, that silence can and will be held against you. Here’s what that means.

Basically, if you’re ever in any trouble with police (no, we don’t condone breaking laws) and want to keep your mouth shut, you will need to announce that you’re invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut. “Petitioner’s Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer’s question,” reads the opinion from Justice Samuel Alito (pdf), which Justice Kennedy and Chief Justice John Roberts backed. Justices Thomas and Scalia had a concurring opinion while the remaining four Supremes dissented.

Law Professor Jonathan Turley explains the impact of the ruling

The case began on the morning of December 18, 1992 when two brothers were shot and killed in their Houston home. A neighbor told police that someone fled in a dark-colored car. Police recovered six shotgun shell casings at the scene. Police inteviewed Salinas who was a guest at a party that the victims hosted the night before they were killed. He owned a dark blue car. While this was a noncustodial interview and Salinas answered questions by the police, he stopped answering when a police officer asked whether his shotgun “would match the shells recovered at the scene of the murder.” The record states that, rather than answering “petitioner ‘[l]ooked down at the floor, shuffled his feet, bit his bottom lip, cl[e]nched hishands in his lap, [and] began to tighten up.'” Notably, there was insufficient evidence to charge him with the crime. However, a statement later by another man (who said that Salinas admitted to the killings) led to the charge.

Salinas did not testify at trial, so prosecutors used his silence against him. [..]

Of course, now the police need only to ask questions before putting some into custody to use their silence against them. What is particularly troublesome is how subjective this evidence is. To use the silence and demeanor of a suspect on this question is highly prejudicial and equally unreliable. Yet, now the refusal to answer questions (which is your right) can now be used against you. You can imagine how this new rule can be used any time someone wants to speak with a lawyer or a family member. Police can now recount how they did not assist them or volunteer information.

Citizens will now be able to have protected silence only after being placed in custody. Of course you had that right before that point, but silence would now be incriminating. That gives police every incentive to delay custody – an incentive that already exists due to other rules like Miranda.

An law school professor and former criminal defense attorney tells you why you should never agree to be interviewed by the police.

An Idaho attorney addresses the issue of speaking to the police when you have been accused of a crime. A criminal defense lawyer’s perspective on the pitfalls of submitting to an interrogation. Attorney Craig Atkinson addresses the many issues surrounding the legal system, and how due the nature of the adversarial justice system, a defendant’s best bet is to keep quiet.

Even police officers agree you shouldn’t talk to them.

So if the police or law enforcement want to talk to you what should you do. According to the article in The Atlantic Wire by Alexander Abad-Santos:

Basically, if you’re ever in any trouble with police… and want to keep your mouth shut, you will need to announce that you’re invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut.

Invoke your Fifth Amendment right to remain silent then shut up.  

In the wake of last week’s off-off year elections, Bill Moyers sat down with Washington correspondent for The Nation, John Nichols, and professor of communications at the University of Illinois, Robert McChesney, to discuss how big money and big media conglomerates are raking in a fortune, influencing elections and undermining democracy

This past Tuesday, special interests pumped big money into promoting or tearing down candidates and ballot initiatives in elections across the country. It was a reprise on a small scale of the $7 billion we saw going into presidential, congressional and judicial races in 2012. To sway the vote, wealthy individuals and corporations bought campaign ads, boosting revenues at a handful of media conglomerates who have a near-monopoly on the airwaves. [..]

“Democracy means rule of the people: one person, one vote,” McChesney says. “Dollarocracy means the rule of the dollars: one dollar, one vote. Those with lots of dollars have lots of power. Those with no dollars have no power.” Nichols tells Moyers: “Dollarocracy has the ability to animate dead ideas. You can take an idea that’s a bad idea, buried by the voters. Dollarocracy can dig it up and that zombie idea will walk among us.”

An Election About GOP Extremism, Unions, Wages and Dollarocracy

by John Nichols, The Nation

Two states will elect governors Tuesday and one of those governors could emerge as a 2016 presidential contender. The nation’s largest city will elect a mayor, as will hundreds of other communities. A minimum-wage hike is on the ballot. So is marijuana legalization. So is the labeling of genetically-modified foods. And Seattle might elect a city council member who promises to open the fight for a $15-an-hour minimum wage.

Forget the silly dodge that says local and state elections don’t tell us anything. They provide measures of how national developments – like the federal government shutdown – are playing politically. They give us a sense of whether the “war on women” is widening the gender gap. They tell us what issues are in play and the extent to which the political debate is evolving.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Follow us on Twitter @StarsHollowGzt

Paul Krugman: Plot Against France

On Friday Standard & Poor’s, the bond-rating agency, downgraded France. The move made headlines, with many reports suggesting that France is in crisis. But markets yawned: French borrowing costs, which are near historic lows, barely budged.

So what’s going on here? The answer is that S.& P.’s action needs to be seen in the context of the broader politics of fiscal austerity. And I do mean politics, not economics. For the plot against France – I’m being a bit tongue in cheek here, but there really are a lot of people trying to bad-mouth the place – is one clear demonstration that in Europe, as in America, fiscal scolds don’t really care about deficits. Instead, they’re using debt fears to advance an ideological agenda. And France, which refuses to play along, has become the target of incessant negative propaganda.

Les Leopold: America’s Greatest Shame: Child Poverty Rises and Food Stamps Cut While Billionaires Boom

There are 16.4 million American children living in poverty. That’s nearly one quarter (22.6 percent) of all of our children. More alarming is that the percentage of poor children has climbed by 4.5 percent (pdf) since the start of the Great Recession in 2007. And poor means poor. For a family of three with one child under 18, the poverty line is $18,400. {..]

To add to the misery, Washington has decided that the best way to tackle childhood poverty is to have poor kids eat less. Both parties already have agreed to cut billions from the Supplemental Nutrition Assistance Program (Food Stamps). As of November 1, payments dropped from $668 a month to $632 for more than 47 million lower-income people — 1 in 7 Americans, most of them children.

And more cuts are coming. The Tea Party House passed a bill to cut food stamps by $4 billion a year, while the Democratic-controlled Senate calls for $400 million in cuts. How humane! And since it will be part of the omnibus Farm Bill, President Obama will sign it. (I wonder how our former community organizer will explain this to the poor children he once tried to help in Chicago.)

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

November 11 is the 315th day of the year (316th in leap years) in the Gregorian calendar. There are 50 days remaining until the end of the year.

World War I is commemorated on this day, commonly known as Remembrance Day. The ceasefire went into effect at 11:00am CET in 1918, the date of which (and sometimes the commemoration of) is known as Armistice Day. Veterans Day is an annual United States holiday honoring military veterans.

On this day in 1918, the armistice between the Allies and Germany was signed in a railway carriage in Compiegne Forest.

Clairière de l’Armistice

In November 1918 the Engineer in charge of the North Region Railways: Arthur-Pierre Toubeau, was instructed to find a suitably discreet place which would accommodate two trains. By coincidence on the outskirts of Compiègne in the forest of Rethondes lay an artillery railway emplacement. Set deep within the wood and out of the view of the masses the location was ideal.

Early in the morning of the 8th November a train carrying Maréchal Ferdinand Foch, his staff and British officers arrived on the siding to the right, nearest the museum. The train formed a mobile headquarters for Foch, complete with a restaurant car and office.

At 0700 hours another train arrived on the left hand track. One of the carriages had been built for Napoleon III and still bore his coat of arms. Inside was a delegation from the German government seeking an armistice.

There were only a hundred metres between the two trains and the entire area was policed by gendarmes placed every 20 metres.

For three days the two parties discussed the terms of an armistice until at 0530 hours on the 11th November 1918, Matthias Erzberger the leader of the German delegation signed the Armistice document.

Within 6 hours the war would be over.

Initially the carriage (Wagon Lits Company car No. 2419D) used by Maréchal Foch was returned to its former duty as a restaurant car but was eventually placed in the courtyard of the Invalides in Paris.

An American: Arthur Fleming paid for its restoration, and the wagon was brought back to Rethondes on 8th April 1927 and placed in a purpose built shelter (Since destroyed).

Numerous artifacts were obtained from those who had been involved in 1918 and the car was refurbished to its condition at the time of the Armistice.

At the entrance to the avenue leading down to the memorial site is a monument raised by a public subscription organised by the newspaper Le Matin.

The monument is dedicated to Alsace Lorraine and consists of a bronze sculpture of a sword striking down the Imperial Eagle of Germany it is framed by sandstone from Alsace.

The Clairière was inaugurated on 11th November 1922 by President Millerand.

I’ve posed a question in the title of this week’s Sunday Train that I have no intention of answering myself.

The first thing you may have noted is that the title presumes a “Great 2017 Policy Unlock” that is by no means certain. And assuming an event in a title as a lead-in to talking about the likelihood of that event is a long-standing internet link-bait practice.

The second thing, however, is that even that would be focusing on political fortune telling, and the Sunday Train is not normally about making guesses about what will happen. It is more often focused on policy in the sense of thinking about what should happen and, sometimes, what we can do to make it more likely to happen.

The foundation of the Sunday Train is the premise that on our current track, with our current transport and energy systems, we are driving the possibility of retaining a national, modern, industrial economy over a cliff. We are doing that in three ways:

• Our Energy Production and our Transport Systems combined are responsible for a majority of our CO2 emissions, and even if we converted everything else in our economy to be 50% carbon negative ~ sequestering 50% as much CO2 as it present emits ~ our current Energy and Transport systems would be sufficient to drive the globe far enough into Climate Crisis to bring down our national industrial economy;
  
• And the world has hit Peak Petroleum Production, as is clear from the variety of “scraping the bottom of the barrel” oil and oil-replacement exploitation efforts taking place today, and has started to slide down the other side of the peak, so that an economy as exposed as our own to oil price shocks is going to lose massive ground compared to competing economies that are already positioned to shelter themselves from the impact of oil price shocks
  
• And we are heading toward the Energy Return on Investment cliff for the fossil fuels we produce ourselves that our current Energy and Transport systems relies upon, and as we slide down that cliff, the economic benefit of that domestic fossil fuel production will progressively decline, leaving us behind any national economies or continental economic systems that seriously pursue sustainable, renewable energy sources that are seeing growing Energy Return on Investment, due to technological progress.

Pick your poison, since any one of them is serious enough to either drive the US economy from the ranks of the core economies into the ranks of the semi-peripheral economies, or even to eliminate our ability to retain a national economy at all.

Given that premise, the “odds of success” in a political forecasting sense is not the focus of the Sunday Train. The focus is rather the prospect for improving those odds. Whether that is improving the odds from a 50% chance of success, or a 1% chance of success to a 2% chance of success, in either event it is worth the investment in effort to try … whether the mere 1/5 improvement in the odds, or the more impressive doubling in the odds, what is won in the event of a win is such a jackpot that its worth the effort to simply improve the odds a little bit.

When the term poor is used and when we discuss poverty, there are commonplace definitions that we always rely on. To be poor relates to a lack of money or income. But that is a tautology in many senses; a definition that already presumes that poverty relates solely to income and while commonplace is essentially misleading. A far more useful definition of poverty relates to a broader range of things within a social context. Let’s begin with some definitions of poverty in the context of the modern debate on poverty:

Let’s start with that advanced by the Joseph Rowntree Foundation:

“Relative Poverty – When we talk about poverty in the UK today we rarely mean malnutrition or the levels of squalor of previous centuries or even the hardships of the 1930s before the advent of the welfare state. It is a relative concept. ‘Poor’ people are those who are considerably worse off than the majority of the population – a level of deprivation heavily out of line with the general living standards enjoyed by the by the majority of the population in one of the most affluent countries in the world (http://www.jrf.org.uk/sites/files/jrf/poverty-definitions.pdf).”

Additional definitions address the impact of poverty on ensuring accessing fundamental notions of rights, like the European Commission definition. In its Joint Report on Social Inclusion (2004) the EC defined poverty in the following way:

“People are said to be living in poverty if their income and resources are so inadequate as to preclude them from having a standard of living considered acceptable in the society in which they live. Because of their poverty they may experience multiple disadvantage through unemployment, low income, poor housing, inadequate health care and barriers to lifelong learning, culture, sport and recreation. They are often excluded and marginalised from participating in activities (economic, social and cultural) that are the norm for other people and their access to fundamental rights may be restricted (http://www.jrf.org.uk/sites/files/jrf/poverty-definitions.pdf).”

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

November 10 is the 314th day of the year (315th in leap years) in the Gregorian calendar. There are 51 days remaining until the end of the year.

On this day in 1975, the 729-foot-long freighter SS Edmund Fitzgerald sinks during a storm on Lake Superior, killing all 29 crew on board.

SS Edmund Fitzgerald (nicknamed “Mighty Fitz,” “The Fitz,” or “The Big Fitz”) was an American Great Lakes freighter launched on June 8, 1958. At the time of its launching, it was one of the first boats to be at or near maximum “St Lawrence Seaway Size” which was 730 feet (220 m) long and 75 feet (23 m) wide. From its launching in 1958 until 1971 the Fitzgerald continued to be one of the largest boats on the Great Lakes.

Final voyage and wreck

Fitzgerald left Superior, Wisconsin on the afternoon of Sunday, November 9, 1975 under the command of Captain Ernest M. McSorley. It was en route to the steel mill on Zug Island, near Detroit, Michigan, with a full cargo of taconite. A second freighter under the command of Captain Jesse B. “Bernie” Cooper, Arthur M. Anderson, destined for Gary, Indiana out of Two Harbors, Minnesota, joined up with Fitzgerald. Fitzgerald, being the faster ship, took the lead while Anderson trailed not far behind. The weather forecast was not unusual for November and called for a storm to pass over eastern Lake Superior and small craft warnings.

Crossing Lake Superior at about 14 knots (26 km/h; 16 mph), the boats encountered a massive winter storm, reporting winds in excess of 50 knots (93 km/h; 58 mph) with gusts up to 86.9 knots (160.9 km/h; 100.0 mph) and waves as high as 35 feet (11 m). Visibility was poor due to heavy snow.  The Weather Bureau upgraded the forecast to gale warnings. The freighters altered their courses northward, seeking shelter along the Canadian coast. Later, they would cross to Whitefish Bay to approach the locks.When the storm became intense, the Soo Locks at Sault Ste. Marie were closed.

Late in the afternoon of Monday, November 10, sustained winds of 50 knots were observed across eastern Lake Superior. Anderson was struck by a 75-knot (139 km/h; 86 mph) hurricane-force gust. At 3:30 pm, Captain McSorley radioed the Anderson to report that she was taking on water and had top-side damage including that the Fitzgerald was suffering a list, and had lost two vent covers and some railings. Two of the Fitzgerald’s six bilge pumps were running continuously to discharge shipped water.

At about 3:50 pm, McSorley called the Anderson to report that his radar was not working and he asked the Anderson to keep them in sight while he checked his ship down so that the Anderson could close the gap between them. Fitzgerald was ahead of Anderson at the time, effectively blind; therefore, she slowed to come within 10 miles (16 km) range so she could receive radar guidance from the other ship. For a time the Anderson directed the Fitzgerald toward the relative safety of Whitefish Bay. McSorley contacted the U.S. Coast Guard station in Grand Marais, Michigan after 4:00 pm and then hailed any ships in the Whitefish Point area to inquire if the Whitefish Point light and navigational radio beacon were operational. Captain Cedric Woodard of the Avafors answered that both the light and radio direction beacon were out at that moment. Around 5:30 pm, Woodward called the Fitzgerald again to report that the Whitefish point light was back on but not the radio beacon. When McSorley replied to the Avafors, he commented, “We’re in a big sea. I’ve never seen anything like it in my life.”

The last communication from the doomed ship came at approximately 7:10 pm, when Anderson notified Fitzgerald of an upbound ship and asked how it was doing. McSorley reported, “We are holding our own.” A few minutes later, it apparently sank; no distress signal was received. Ten minutes later Anderson could neither raise Fitzgerald by radio, nor detect it on radar. At 8:32 pm, Anderson was finally able to convince the U. S. Coast Guard that the Fitzgerald had gone missing. Up until that time, the Coast Guard was looking for a 16 foot outboard lost in the area. The United States Coast Guard finally took Captain Cooper of the Anderson seriously shortly after 8:30 pm. The Coast Guard then asked the Anderson to turn around and look for survivors.

The Edmund Fitzgerald now lies under 530 feet of water, broken in two sections. On July 4, 1995, the ship’s bell was recovered from the wreck, and a replica, engraved with the names of the crew members who perished in this tragedy, was left in its place. The original bell is on display at the Great Lakes Shipwreck Museum at Whitefish Point in Michigan.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Follow us on Twitter @StarsHollowGzt

The Sunday Talking Heads:

Just a note of warning, NJ’s newly reelected bullying, buffoon governor will be on every Sunday talk show except CNN

Up with Steve Kornacki: There was no guest list posted for this Sunday’s show.

This Week with George Stephanopolis: This Sunday’s guests on “This Week” are New Jersey Gov. Chris Christie (R); Texas Gov. Rick Perry (R); and Senate Foreign Relations Committee Chair Sen. Robert Menendez (D-NJ).

The roundtable guests are ABC News’ Cokie Roberts;, Rep. Keith Ellison (D-MN); Wall Street Journal editorial page editor Paul Gigot; Republican strategist and CNN contributor Ana Navarro; and New York Magazine‘s John Heilemann.

Plus Canada’s Jon Stewart, George Stroumboulopoulos, weighs in on the Toronto mayor’s wild week.

Face the Nation with Bob Schieffer: Mr. Schieffer’s guests are New Jersey Gov. Chris Christie (R); and former Secretary of Defense and CIA Director Leon Panetta.

His panel guests are Amy Walter of the Cook Political Report;, Democratic Strategist Stephanie Cutter; Republican Strategist Phil Musser; and CBS News Political Director John Dickerson.

Meet the Press with David Gregory: This week’s MTP guests are Secretary of State John Kerry; and New Jersey Gov. Chris Christie (R).

Joining the roundtable discussion are Presidential Historian and author Doris Kearns Goodwin; Congresswoman Donna Edwards (D-MD); Time Magazine‘s Mark Halperin; and host of MSNBC’s “Morning Joe” Joe Scarborough.

State of the Union with Candy Crowley: Ms. Crowley’s guests this Sunday are Senator Lindsey Graham (R-SC); DNC Chair Debbie Wasserman Schultz and RNC Chair Reince Preibus.

Joining her for a special interview is former Senate Republican leader and presidential candidate Bob Dole (R-KS).

Typhoon Haiyan: Thousands feared dead in Philippines

The BBC

Around 10,000 people may have died in just one area of the Philippines hit by Typhoon Haiyan, according to officials.

One of the worst storms on record, it destroyed homes, schools and an airport in the eastern city of Tacloban.

Neighbouring Samar island was also badly affected, with reports of 300 people dead and 2,000 missing.

The Philippine government has so far only confirmed the deaths of 151 people throughout the country, but hundreds of thousands have been displaced.

The BBC’s Rupert Wingfield-Hayes reports that the scene in Tacloban, the capital of Leyte province, is one of utter devastation.