12/01/2014 archive

From the First Shot, the Fix Was In

We don’t know who set fire to the buildings in Ferguson, Missouri last week but we do know who fired the first shot, one of several that killed an unarmed African American teenager, Michael Brown, on a hot August day. We also know that a grand jury that was impaneled to determine if the white police officer, Darren Wilson, 28, should be charged, was misled by the prosecutors in the case. At the very start that were handed to laws that applied to the case. One of those laws, a 1979 Missouri statute, was found to be unconstitutional by the US Supreme Court in 1985.

MSNBC host Lawrence O’Donnell blasted St. Louis County assistant district attorney Kathy Alizadeh on Wednesday for taking weeks to tell the grand jury in the Darren Wilson case she made a major mistake regarding police officers’ right to use legal force.

“With prosecutors like this, Darren Wilson never really needed a defense lawyer,” he said.

O’Donnell said that early on in the jurors’ deliberations, Alizadeh handed them a copy of a 1979 Missouri statute saying police were “justified in the use of such physical force as he or she reasonably believes is immediately necessary to effect the arrest or prevent the escape from custody.” However, he explained, the Supreme Court found those kinds of statutes to be unconstitutional six years later. [..]

The worst part of Alizdeh’s actions, O’Donnell said, was that she did not explain how the Supreme Court decision struck the state statute down after letting jurors carry it with them for weeks.

“You will not find another legal proceeding in which jurors and grand jurors are simply handed a law, and then weeks later, handed a correction to that law,” he said. “Then the grand jurors are simply left to figure out the difference in the laws by themselves. That is, actually, something you would do in a law class.”

O’Donnell said that early on in the jurors’ deliberations, [Assistant D.A. Kathy] Alizadeh handed them a copy of a 1979 Missouri statute saying police were “justified in the use of such physical force as he or she reasonably believes is immediately necessary to effect the arrest or prevent the escape from custody.” However, he explained, the Supreme Court found those kinds of statutes to be unconstitutional six years later….

“She was taking the hurdle that Darren Wilson had to get over in his testimony, and flattening it,” O’Donnell argued. “She was making it impossible for Darren Wilson to fail in front of this grand jury.”

This was just one of many stunning events, called “errors” and “failures” by the mainstream media, but smack of a conspiracy to protect a white police officer from prosecution.

1. Wilson washed away blood evidence.

In an interview with police investigators, Wilson admitted that after the shooting he returned to police headquarters and washed blood off his body — physical evidence that could have helped to prove or disprove a critical piece of Wilson’s testimony regarding his struggle with Brown inside the police car. He told his interrogator that he had blood on both of his hands. “I think it was his blood,” Wilson said referring to Brown. He added that he was not cut anywhere. [..]

2. The first officer to interview Wilson failed to take any notes.

The first supervising officer to the scene, who was also the first person to interview Wilson about the incident, didn’t take any notes about their conversation. In testimony more than a month after the incident, the officer offered his account from memory. He explained that he hadn’t been equipped with a recorder and hadn’t tried to take any written notes due to the chaotic nature of the situation. He also didn’t write up any notes soon after the fact. [..]

3. Investigators failed to measure the likely distance between Brown and Wilson.

An unnamed medical legal examiner who responded to the shooting testified before the grand jury that he or she had not taken any distance measurements at the scene, because they appeared “self-explanatory.”

“Somebody shot somebody. There was no question as to any distances or anything of that nature at the time I was there,” the examiner told the jury. [..]

4. Investigators did not test Wilson’s gun for fingerprints.

Talking with police investigators and before the grand jury, Wilson claimed that Brown had grabbed at Wilson’s gun during the initial incident in the police car and that Brown’s hand was on the firearm when it misfired at least once. [..]

5. Wilson did not immediately turn his weapon over to investigators after killing Brown.

A detective with the St. Louis County Police Department, who conducted the first official interview of Wilson, testified to the grand jury that Wilson had packaged his own service weapon into an evidence envelope following his arrival at the police station in the wake of the shooting. [..]

6. An initial interview with investigators was delayed while Wilson traveled to the hospital with his superiors.

The same St. Louis County Police Department detective also testified that while he had intended to conduct his initial interview with Wilson at the Ferguson police station, a lieutenant colonel with the Ferguson Police Department decided that Wilson first needed to go to the hospital for medical treatment. [..]

7. Wilson’s initial interview with the detective conflicts with information given in later testimony.

In his first interview with the detective, just hours after Brown’s death, Wilson didn’t claim to have any knowledge that Brown was suspected of stealing cigarillos from a nearby convenience store. The only mention of cigarillos he made to the detective was a recollection of the call about the theft that had come across his radio and that provided a description of the suspect.

Law professors and legal the manner in which St. Louis County Prosecutor Robert McCulloch conducted this grand jury, questioning the unusual press conference presentation of the non-indictment and legal procedures were followed appropriately, adequately or fairly.

Ben Trachtenberg, an associate professor of law at the University of Missouri School of Law, said the entire announcement “read like a closing argument for the defense,” while Susan McGraugh, an associate professor at the Saint Louis University School of Law, said she was “furious” when she watched it.

“Bob McCulloch took a very defensive posture,” McGraugh said. “It was a poor choice to be so confrontational in presenting a grand jury verdict that he had to know would upset a large number of people. He should have left out the editorializing.” [..]

The astonishing rarity of a grand jury declining to indict a suspect has led many to believe that McCulloch did not make a sincere effort to prove probable cause.

“The prosecutor did not want an indictment, and he passed the buck to the grand jury to make that decision,” said Cohn, who is also a former president of the National Lawyers’ Guild. “It was clear the prosecutor was partisan in this case, and not partisan in the way prosecutors usually are, which is to get people indicted.” [..]

Even Supreme Court Antonin Scalia understands the purpose of the grand jury should not be a trial in secret.

Justice Antonin Scalia, in the 1992 Supreme Court case of United States v. Williams, explained what the role of a grand jury has been for hundreds of years.

   It is the grand jury’s function not ‘to enquire … upon what foundation [the charge may be] denied,’ or otherwise to try the suspect’s defenses, but only to examine ‘upon what foundation [the charge] is made’ by the prosecutor. Respublica v. Shaffer, 1 Dall. 236 (O. T. Phila. 1788); see also F. Wharton, Criminal Pleading and Practice § 360, pp. 248-249 (8th ed. 1880). As a consequence, neither in this country nor in England has the suspect under investigation by the grand jury ever been thought to have a right to testify or to have exculpatory evidence presented.

This passage was first highlighted by attorney Ian Samuel, a former clerk to Justice Scalia.

In contrast, McCulloch allowed Wilson to testify for hours before the grand jury and presented them with every scrap of exculpatory evidence available. In his press conference, McCulloch said that the grand jury did not indict because eyewitness testimony that established Wilson was acting in self-defense was contradicted by other exculpatory evidence. What McCulloch didn’t say is that he was under no obligation to present such evidence to the grand jury. The only reason one would present such evidence is to reduce the chances that the grand jury would indict Darren Wilson.

Political analyst and author, Earl Ofari Hutchinson suggested that President Barack Obama take cue from one of his predecessors Pres, George H. W. Bush and look no further than Rodney King:

In August 1992, nearly three months to the day after the four LAPD officers that beat black motorist Rodney King were acquitted on nearly all charges by a jury with no blacks on it, Lourdes G. Baird, the United States Attorney for California’s Central District, stepped before a battery of news cameras and reporters and announced that three of the officers would face federal charges. The charges were violating King’s Fourth Amendment protection against unreasonable arrest and with depriving him of his 14th Amendment due-process rights during his March, 1991 arrest. The four would face up to 10 years in prison and $250,000 in fines if convicted.

The Justice Department’s decision to prosecute rested squarely on two compelling legal and public interest points, neither of which significantly involved any need to proof racial animus. The legal charges were that the officers who beat King acted under the color of the law. This violated a near century old federal statute that makes it a crime to deprive any person of a Constitutional right under the color of law. The statute specifically targeted police officers and public officials who abuse their authority and violate public trust by physically victimizing citizens. [..]

Brown as was King was unarmed. Brown and King were not charged with a crime when detained. Brown as King received injuries after he ceased resisting. Brown as King was abused during an official stop. These, as they were with King, are compelling civil rights violations.

This is not about race, although I do believe it was a factor in this case based on Off. Wilson’s description of Mr. Brown own testimony. It is, however, about police excessive of force and law and for that there is a strong case against Off. Wilson. The Question is does Pres. Obama have the spine to give Michael Brown the justice he deserves.

Punting the Pundits

“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”.

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Paul Krugman: Being Bad Europeans

The U.S. economy finally seems to be climbing out of the deep hole it entered during the global financial crisis. Unfortunately, Europe, the other epicenter of crisis, can’t say the same. Unemployment in the euro area is stalled at almost twice the U.S. level, while inflation is far below both the official target and outright deflation has become a looming risk. [..]

Why is Europe in such dire straits? The conventional wisdom among European policy makers is that we’re looking at the price of irresponsibility: Some governments have failed to behave with the prudence a shared currency requires, choosing instead to pander to misguided voters and cling to failed economic doctrines. And if you ask me (and a number of other economists who have looked hard at the issue), this analysis is essentially right, except for one thing: They’ve got the identity of the bad actors wrong.

For the bad behavior at the core of Europe’s slow-motion disaster isn’t coming from Greece, or Italy, or France. It’s coming from Germany.

Earl Ofari Hutchinson : Feds Need Look No Further Than Rodney King for the Case Against Wilson

In August 1992, nearly three months to the day after the four LAPD officers that beat black motorist Rodney King were acquitted on nearly all charges by a jury with no blacks on it, Lourdes G. Baird, the United States Attorney for California’s Central District, stepped before a battery of news cameras and reporters and announced that three of the officers would face federal charges. The charges were violating King’s Fourth Amendment protection against unreasonable arrest and with depriving him of his 14th Amendment due-process rights during his March, 1991 arrest. The four would face up to 10 years in prison and $250,000 in fines if convicted.

The Justice Department’s decision to prosecute rested squarely on two compelling legal and public interest points, neither of which significantly involved any need to proof racial animus. The legal charges were that the officers who beat King acted under the color of the law. This violated a near century old federal statute that makes it a crime to deprive any person of a Constitutional right under the color of law. The statute specifically targeted police officers and public officials who abuse their authority and violate public trust by physically victimizing citizens.  [..]

Brown as was King was unarmed. Brown and King were not charged with a crime when detained. Brown as King received injuries after he ceased resisting. Brown as King was abused during an official stop. These, as they were with King, are compelling civil rights violations.

Associate Attorney General Wayne Budd, who directed the federal investigation into the King beating case, issued this terse statement after the indictment of the LAPD cops was announced “The Department of Justice has a responsibility to vindicate the violation of the fundamental rights protected by the United States Constitution.” The indictment he said was the first step toward fulfilling that responsibility.

The Justice Department should take the same step in the Brown slaying it took 22 years ago in the King beating case. That is to fulfill its responsibility and prosecute Wilson.

Rick Salutin: Rioting Elites and a Nation Built on the Rule of Lawlessness

Contrary to what Barack Obama says about the U.S. being built on the rule of law, the country routinely resorts to official violence and illegality.

Barack Obama looked at his most clueless, responding to the riots and rage in Ferguson, Missouri. He hasn’t seemed so callow since the BP oil spill. Like he just wished it was over and could get on to the delights of his post-presidency. Or back to immigration reform and stalling that damn pipeline.

Using his slow voice, as if he’s explaining something so basic that it’s hard to understand, he declared that the U.S. is a “nation built on the rule of law” and added next day, he has “no sympathy” for those who go violent. The problem with this, at least for those in the streets, is the U.S. is not a nation of laws and resorts to official violence and/or illegality routinely.[..]

Obama and others like pointing to Martin Luther King Jr. as the model for peaceful protest. But King wasn’t a law-abider, he was a lawbreaker. He just did it non-violently, a preferable term to peaceful. His reasons were both pragmatic and principled. There was no way for protesters to match the firepower of the protestees — then or now. But more tellingly: you turn into them if you mirror their methods and then nothing’s been gained. In these protests I heard cries I hadn’t heard in a long time — Revolution! … By any means necessary! That’s not nostalgia, it’s despair, and loss of hope for change by normal, lawful means.

Robert Kuttner: The Cheap Oil Curse

Remember “Peak Oil?” The world was running out of oil, prices would soon skyrocket, and we had better find other fuels.

Well, that argument didn’t work out so well for environmentalists, did it? As oil reserves and those of other carbon fuels became scarce and prices rose, the law of supply and demand kicked in. The industry invested the profits from those higher prices in new technologies, and the oil barons found even more destructive ways to extract oil and gas — by exploiting the muck from tar sands, inventing hydro-fracking, and despoiling Third World sources.

So now, oil is cheaper than it’s been in years, about $66 a barrel. Regular unleaded gasoline can be had for well under $3 a gallon. [..]

Cheap oil, of course, is a curse. It promotes increased use of carbon fuels at a time when we should be investing massively in substitutes. And the apparent plenty of oil and gas takes the spine out of most politicians.

Robert Reich: Patrolling the Boundaries Inside America

America is embroiled in an immigration debate that goes far beyond President Obama’s executive order on undocumented immigrants.

It goes to the heart of who “we” are. And it’s roiling communities across the nation.

In early November, school officials in Orinda, California, hired a private detective to determine whether a seven-year-old Latina named Vivian — whose single mother works as a live-in nanny for a family in Orinda — “resides” in the district and should therefore be allowed to attend the elementary school she’s already been attending there. [..]

The nation’s attention is focused on the border separating the United States from Mexico, and on people who have crossed that border and taken up residence here illegally.

But the boundary separating white Anglo upscale school districts from the burgeoning non-white and non-Anglo populations in downscale communities is fast becoming a flashpoint inside America.

In both cases, the central question is who are “we.”

TBC: Morning Musing 12.1.14

Well, post holiday weekend I have 2 things for your perusal.

First the bad news:

Next battle in the war on science

The war over science is heating up on Capitol Hill.

GOP House members have had little success reining in research agencies so far, but, emboldened by their growing majorities, they’re hoping for better luck next year. They plan to push proposals to cut funding for global warming and social science research, put strict new rules on the National Science Foundation’s grant-making process and overhaul how science informs policy making at the EPA.

At the same time, however, researchers and their advocates in the Democratic caucus are taking increasingly aggressive stances of their own: Rather than answer GOP objections one by one, or brush them off, they’re making a larger issue of what they see as heavy-handed interference based on ideology rather than methodology.

Jump!

On This Day In History December 1

Cross posted from The Stars Hollow Gazette

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.

December 1 is the 335th day of the year (336th in leap years) in the Gregorian calendar. There are 30 days remaining until the end of the year

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On this day in 1990, the Chunnel makes breakthrough. Shortly after 11 a.m. on December 1, 1990, 132 feet below the English Channel, workers drill an opening the size of a car through a wall of rock. This was no ordinary hole–it connected the two ends of an underwater tunnel linking Great Britain with the European mainland for the first time in more than 8,000 years.

The Channel Tunnel, or “Chunnel,” was not a new idea. It had been suggested to Napoleon Bonaparte, in fact, as early as 1802. It wasn’t until the late 20th century, though, that the necessary technology was developed. In 1986, Britain and France signed a treaty authorizing the construction of a tunnel running between Folkestone, England, and Calais, France.

The Channel Tunnel (French: Le tunnel sous la Manche), (also informally known as the Chunnel) is a 50.5-kilometre (31.4 mi) undersea rail tunnel linking Folkestone, Kent near Dover in the United Kingdom with Coquelles, Pas-de-Calais near Calais in northern France beneath the English Channel at the Strait of Dover. At its lowest point, it is 75 metres (250 ft) deep. At 37.9 kilometres (23.5 mi), the Channel Tunnel possesses the second longest undersea portion of any tunnel in the world. The Seikan Tunnel in Japan is both longer overall at 53.85 kilometres (33.46 mi), and deeper at 240 metres (790 ft) below sea level.

The tunnel carries high-speed Eurostar passenger trains, Eurotunnel Shuttle roll-on/roll-off vehicle transport-the largest in the world-and international rail freight trains. The tunnel connects end-to-end with the LGV Nord and High Speed 1 high-speed railway lines. In 1996 the American Society of Civil Engineers identified the tunnel as one of the Seven Wonders of the Modern World.

Ideas for a cross-Channel fixed link appeared as early as 1802, but British political and press pressure over compromised national security stalled attempts to construct a tunnel. However, the eventual successful project, organised by Eurotunnel, began construction in 1988 and opened in 1994. The project came in 80% over its predicted budget. Since its construction, the tunnel has faced several problems. Fires have disrupted operation of the tunnel. Illegal immigrants and asylum seekers have attempted to use the tunnel to enter Britain, causing a minor diplomatic disagreement over the siting of the Sangatte refugee camp, which was eventually closed in 2002.