September 2015 archive

On This Day In History September 19

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.

September 19 is the 262nd day of the year (263rd in leap years) in the Gregorian calendar. There are 103 days remaining until the end of the year.

On this day in 1796, President George Washington’s Farewell Address to the Nation is published.

George Washington’s Farewell Address was written to “The People of the United States” near the end of his second term as President of the United States and before his retirement to Mount Vernon.

Originally published in David Claypoole’s American Daily Advertiser on September 19, 1796 under the title “The Address of General Washington To The People of The United States on his declining of the Presidency of the

United States,” the letter was almost immediately reprinted in newspapers across the country and later in a pamphlet form. The work was later named a “Farewell Address,” as it was Washington’s valedictory after 45 years of service to the new republic, first during the Revolution of the Continental Army and later as the nation’s first president.

The letter was originally prepared in 1792 with the help of James Madison, as Washington prepared to retire following a single term in office. However, he set aside the letter and ran for a second term after his Secretary of the Treasury, Alexander Hamilton, and his Secretary of State, Thomas Jefferson, convinced him that the growing divisions between the newly formed Federalist and Democratic-Republican parties, along with the current state of foreign affairs, would tear the country apart in the absence of his leadership.

Four years later, as his second term came to a close, Washington revisited the letter and with the help of Alexander Hamilton prepared a revision of the original draft to announce his intention to decline a third term in office; to reflect the emerging issues of the American political landscape in 1796; and to parting advice to his fellow Americans, express his support for the government eight years following the adoption of the Constitution; and to defend his administration’s record.

The letter was written by Washington after years of exhaustion due to his advanced age, years of service to his country, the duties of the presidency, and increased attacks by his political opponents. It was published almost two months before the Electoral College cast their votes in the 1796 presidential election.

The Daily Late Nightly Show (Bernie)

You know, it seems like only yesterday I dealt with a lot of “pragmatists” who were convinced Bernie Sanders was too much of a Democrat to succeed in being elected.  That enthusiasm and motivation could never break the stranglehold of neoliberal (conservative) policies over the fundamentally center-right United States and the only hope for change (remember that?) was incremental and instead we should embrace the suck.

I’m genuinely pleased that we have 2 candidates who have blown that tired old trope out of the water.

I don’t like The Donald, I think he’s important from the standpoint of demonstrating that the D.C. Villager consensus is universally hated, even by the Republicans it benefits.  Yes he and his supporters are horrible people for the most part (though Trump is surprisingly liberal on some issues), but what it should indicate to the Plutocrats and the Politicians that support them is that Spring is fading fast in Versailles and a long hot summer of discontent with pitchforks, torches, and the National Razor is closer than they think.  Gravity is a wonderful thing.

I hear that Bernie was on the CBS morning show and and despite the open hostility of the toady class knocked it out of the park.

I’m not surprised after the Rachel interview.

I’m fairly hopeful he gets better treatment from the Late Night franchise.  Stephen’s other guests are Lupita Nyong’o, Christopher Wheeldon, and Robert Fairchild and Leanne Cope of American in Paris.

GM Settlement: Another DOJ Failure to Prosecute Executives

Once again the Department of Justice has failed to hold executives of a large corporation criminally accountable. This week General Motors agreed to pay $900 million and entered a deferred prosecution agreement to end a U.S. Department of Justice criminal investigation into its handling of defective ignition switches in many of its vehicles. They have agreed to independent monitoring of their safety systems. If they adhere and their are no further violations, GM could have its record wiped clean. That’s hardly a satisfying agreement for the families of the 124 people who died in GM vehicles that the company knew were unsafe.

And even though General Motors will pay a $900 million penalty, it was 25 percent less than the record $1.2 billion Toyota agreed to pay last year.

“I don’t understand how they can basically buy their way out of it,” said Margie Beskau, whose daughter Amy Rademaker was killed in an October 2006 crash in Wisconsin. She added, “They knew what they were doing and they kept doing it.”

During the press conference US Attorney Preet Bharara defended the settlement and his satisfaction with the internal investigation that was conducted by a law firm with close ties to General Motors.

The two law firms hired for that inquiry, King & Spalding and Jenner & Block, had previously done legal work for G.M. And court papers show that Anton R. Valukas, the chairman of Jenner & Block, who headed the G.M. investigation, helped represent the automaker in its talks with the Justice Department.

Mr. Valukas declined to be interviewed, and several corporate lawyers said such arrangements are not unusual because an outside law firm that conducts an investigation knows the facts of a case. But Deborah L. Rhode, a professor at Stanford Law School, said the public’s interest may suffer when a law firm wears so many different hats.

“It would be nice to know that the law firm doing the internal investigation was truly disinterested and didn’t have an interest in subsequent representation” of the same company, Ms. Rhode said.

Needless to say the agreement has not satified the critics of the investigation. Senators Richard Blumenthal (D-CT) and Edward J. Markey (D-MA) called it “extremely disappointing.” However, congress holds some responsibility in the inability to prosecute the auto makers:

As Danielle Ivory and Ben Protess reported at The Times in July, federal law sets a very high standard for pursuing a criminal case against people who knowingly withhold information about the risks products pose to human life. In auto cases, prosecutors have to prove corporate officers intended to defraud someone, something they do not have to do in food and pharmaceutical cases.

If it was not clear to Congress already that the law needs to change, this case should certainly make it clear. Serious safety problems in cars can be as deadly as contamination in food or drugs, and the law should treat them similarly.

G.M. used the defective switch in numerous cars and it has been linked to 124 deaths, according to compensation claims evaluated by a G.M. fund for victims administered by the lawyer Kenneth Feinberg. The fund has determined that another 275 people deserve compensation for injuries.

This is just one more failure of the Obama Justice Department who are suppose to prosecute criminals.

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”.

Follow us on Twitter @StarsHollowGzt

Paul Krugman: Fantasies and Fictions at G.O.P. Debate

I’ve been going over what was said at Wednesday’s Republican debate, and I’m terrified. You should be, too. After all, given the vagaries of elections, there’s a pretty good chance that one of these people will end up in the White House.

Why is that scary? I would argue that all of the G.O.P. candidates are calling for policies that would be deeply destructive at home, abroad, or both. But even if you like the broad thrust of modern Republican policies, it should worry you that the men and woman on that stage are clearly living in a world of fantasies and fictions. And some seem willing to advance their ambitions with outright lies.

Let’s start at the shallow end, with the fantasy economics of the establishment candidates.

New York Times Editorial Board: The Fed Gives Growth a Chance

The Federal Reserve did the right thing on Thursday when it opted not to begin raising interest rates. By holding steady, the Fed is acknowledging, correctly, that the economy shows no signs of overheating. Price inflation, for example, has been below the Fed’s 2 percent target for years and shows no signs of accelerating.

The Fed also acknowledged the dampening effect global economic weakness and financial-market volatility may have on the American economy. In the past, the Fed played down those dangers, assuming they would be transitory or bearable. In the statement released after its policy-making committee meeting, it shifted, saying international and financial conditions could slow the domestic economy, making an interest-rate increase to restrain the economy unnecessary, at least for now.

In one important respect, however, the Fed appears to be doing the right thing for the wrong reasons.

Joshua Kopstein: The poisonous paranoia of ‘see something, say something’

The best way to help kids like Ahmed Mohamed is to reject the suspicious mindset that has gripped Americans since 9/11

Fourteen years after 9/11, the United States remains in an artificially sustained state of emergency best encapsulated by the oft-repeated Orwellian catchphrase: “If You See Something, Say Something™.”  This ubiquitous edict and its variants still appear in transportation hubs and public buildings across the country, nudging us to never take anything at face value, treating every perceived oddity and fleeting discomfort as a potential threat.

It was this poisonous mentality that was at work Monday, when school administrators in Irving, Texas, had a Muslim teenager arrested for bringing a homemade digital clock to school after a teacher said it looked like a bomb. Ahmed Mohamed, a talented 14-year-old with a well-known aptitude for electronic tinkering, told the Dallas Morning News that he built the clock in 20 minutes the previous night to impress his engineering instructor. By 3 p.m., Ahmed was suspended from school and being escorted out of McArthur High School in handcuffs.

Robert Sheer: Fools, Fascists and Cold Warriors: Take Your Pick

Are they fools or fascists? Probably the former, but there was a disturbing cast to the second GOP debate, a vituperative jingoism reminiscent of the xenophobia that periodically scars western capitalist societies in moments of disarray.

While the entire world is riveted by the sight of millions of refugees in terrifying exodus attempting to save drowning and starving children, we were treated to the darkly peculiar spectacle of scorn for the children of undocumented immigrants and celebration of the sanctity of the unborn fetus.

Marching to the beat of that mad drummer Donald Trump, the GOP candidates have taken to scapegoating undocumented immigrants, particular the young, blaming them for all that ails us. Most of the GOP contenders appeared as a shrill echo of the neo-fascist European movements of late, adopting the traditional tactic of blaming the most vulnerable for economic problems the most powerful have caused.

Robert Creamer: Why the Republicans Secretly Hate the Assimilation of Legal Immigrants

Well the debate is over and, if the Trump spectacle were not so dangerous, watching the Republicans devour each other in the shark tank would be fun. But America is more than a reality show, and the stakes are too high for pure enjoyment.

Wednesday night, in the “children’s table” warm up debate, Louisiana Governor Bobby Jindal joined the anti-immigrant fray with the memorable statement that “immigration without assimilation is an invasion.”

In fact, of course, the immigrant rights community has been organizing to make legal immigrants citizens for a long time. [..]

You’d think the “immigration without assimilation is an invasion” crowd would just love the push for legal permanent residents to become full fledged American citizens, but don’t bet on it.

That’s because citizens can vote.

And there is a growing movement brewing out there that is worth watching, enjoying, and actively supporting. That is the work being done in the immigrant communities through naturalization and voter registration that may teach the Republicans a lesson.

Dave Johnson: Still No Democratic Debates. What’s Going On?

The second Republican Presidential candidate debate is tonight. The ratings for the first one were through the roof and tonight’s is also expected to be a ratings blockbuster. People are interested and tuning in to the campaign and the Republicans are getting all the “eyeballs.”

Meanwhile there hasn’t been even a hint of a Democratic candidate debate. What’s going on? Why are the Democrats letting Republicans have the attention? Do they feel the party has nothing to offer – or something to hide?

“Just spell my name right.” It is basic marketing that any publicity is good publicity. [..]

Overall the entire Democratic Party would benefit from having many, many more televised debates. This time the Democrats have a strong message that resonates with the majority of the public. (Click here to see for yourself.) This time they have strong candidates. This timethey have the moral high ground.

And this time they aren’t letting the public know these things.

Why is the Democratic Party being so undemocratic? Why are they limiting the number of debates? Why are they trying to keep their candidates hidden from the public and letting the Republicans set the narrative?

The Breakfast Club (Real World)

Welcome to The Breakfast Club! We’re a disorganized group of rebel lefties who hang out and chat if and when we’re not too hungover  we’ve been bailed out we’re not too exhausted from last night’s (CENSORED) the caffeine kicks in. Join us every weekday morning at 9am (ET) and weekend morning at 10:30am (ET) to talk about current news and our boring lives and to make fun of LaEscapee! If we are ever running late, it’s PhilJD’s fault.

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This Day in History

A pivotal battle in the American Revolution; President James Garfield dies; Bruno Hauptmann arrested in the Lindbergh baby case; Unabomber’s manifesto published; ‘Mary Tyler Moore Show’ premieres.

Breakfast Tunes

Something to Think about over Coffee Prozac

It’s not that I’m so smart, it’s just that I stay with problems longer.

Albert Einstein

On This Day In History September 18

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.

September 18 is the 261st day of the year (262nd in leap years) in the Gregorian calendar. There are 104 days remaining until the end of the year.

On this day in 1793, George Washington lays the cornerstone to the United States Capitol building, the home of the legislative branch of American government. The building would take nearly a century to complete, as architects came and went, the British set fire to it and it was called into use during the Civil War. Today, the Capitol building, with its famous cast-iron dome and important collection of American art, is part of the Capitol Complex, which includes six Congressional office buildings and three Library of Congress buildings, all developed in the 19th and 20th centuries.

As a young nation, the United States had no permanent capital, and Congress met in eight different cities, including Baltimore, New York and Philadelphia, before 1791. In 1790, Congress passed the Residence Act, which gave President Washington the power to select a permanent home for the federal government. The following year, he chose what would become the District of Columbia from land provided by Maryland. Washington picked three commissioners to oversee the capital city’s development and they in turn chose French engineer Pierre Charles L’Enfant to come up with the design. However, L’Enfant clashed with the commissioners and was fired in 1792. A design competition was then held, with a Scotsman named William Thornton submitting the winning entry for the Capitol building. In September 1793, Washington laid the Capitol’s cornerstone and the lengthy construction process, which would involve a line of project managers and architects, got under way.

The Daily Late Nightly Show (Racist)

Full show, supposedly from Trevor himself (YouTube doesn’t do much checking).

You know, in times when you’ve just seen 15 Republicans (two of whom were brown and that definitely puts them two up on Democrats) spend 5 hours talking about the scary brown (probably Mooslim you know, as if their mere brownness was not threatening enough) people to know that there is a huge problem with racism in this country.

Welcome Trevor Noah.

In truth I don’t expect a radical change.  He’s barely revamping the set, all the production people Stephen didn’t scoop up are safe in their jobs and even John Hodgeman is showing up in the promos so how radical could it be?.

I expect Stephen will puff as much wind as he can in the sail.  Jon Stewart is still the executive producer of his show and what’s not to love?  Trevor, Trevor, Trevor, if he’s smart and I see nothing to indicate otherwise, will sit back and serve popcorn without the Trump bias (yes, I know he’s fundamentally a horrible human being, are you listening the the destruction he’s bringing on the Republicans?  Classic Moby and some jerk in New Hampshire is not making me change my mind.  You don’t pick your friends or family, you pick your enemies).

I want Trevor to succeed just as much as Stephen and Larry and Samantha (forget about her new show?  Shame.) and I’m willing to give him some time to work out the kinks.  It’s a big job and somebody needs to do it.

Stephen’s other guests are far less interesting- Ban Ki-Moon, and Chris Stapleton.

Tomorrow it’s Bernie, Bernie, Bernie.  If Rachel’s interview tonight is any indication bring your checkbooks and dialing fingers.

Did I mention Bernie?

The New Continuity

Tonightly we talk debate (what else) and our panel is Rory Albanese, Joy-Ann Reid, and Tom Papa.

The Trump Card

Is Trump too honest for the GOP? He’s actually challenging Republican fantasies – but it could spell trouble

by Simon Maloy, Salon

Thursday, Sep 17, 2015 02:45 PM EST

One thing I did notice that might end up stinging Trump is the fact that he’s a little bit too honest when it comes to certain key issue areas. The Republican Party and the conservative movement have dogmas and mythologies that they take great care to insulate from the corrosive effects of real life, particularly when it comes to economics and national security. At last night’s debate, Trump did his part to tear them down.

About halfway into the festivities, CNN moderator Jake Tapper asked Ben Carson about his Bible-inspired flat tax plan, which would have every taxpayer in America kick in ten percent of their income, regardless of what they make. Carson explained that his plan is an improvement upon our current system of progressive taxation, because the very idea of asking a wealthy person to pay a higher tax rate is “socialism,” and “that doesn’t work so well.”

Trump was given his opportunity to respond, and he correctly pointed out that progressive taxation isn’t “socialism,” but rather a matter of basic fairness: a multi-millionaire can shed ten percent of their income with little difficulty, but that’s not the case for someone living on a subsistence wage.



That answer was a direct challenge to many of the other candidates in the race, who have proposed plans that either completely flatten the tax code or skew it more in favor of the wealthy. So much of Republican and conservative economic policy is premised on the idea that the tax code is unfair to high earners, who need more money so that they can create jobs for normal people, and Trump said that way of thinking is indefensible.

On national security, Trump went even bigger, having the temerity to suggest that George W. Bush’s eight years of bumbling mishaps and misguided invasions are the root cause of all instability in the Middle East. “Your brother – and your brother’s administration gave us Barack Obama, because it was such a disaster, those last three months, that Abraham Lincoln couldn’t have been elected,” Trump shot at Jeb. “You know what?” Jeb said in response. “As it relates to my brother, there’s one thing I know for sure. He kept us safe.” Trump fired back: “I don’t know. You feel safe right now? I don’t feel so safe.” At that point, Scott Walker joined the conversation to defend Jeb and his brother. “It’s not because of George W. Bush; it’s because of Barack Obama,” he said to applause from the audience.

The idea that George W. Bush’s foreign policy was ultimately a success is a fiction Republicans and conservatives tell themselves in order to keep faith in the “Bush Doctrine” or the “Freedom Agenda” or whatever the hell they’re calling the “invade and/or bomb everyone everywhere” strain of foreign policy thought. For the foreign policies of Jeb Bush, Scott Walker, Marco Rubio, and Lindsey Graham to make even the slightest bit of sense, you have to start from the premise that The Surge in Iraq fixed all the problems in the country after years of bloody sectarian violence and political intransigence. Then you have to convince yourself that the rise of the Islamic state and the attendant destabilization of the region are the fault of Obama for not forcing the Iraqis to agree to a residual force of few thousand U.S. troops. Trump challenged those fictions, causing the establishment candidates to huff in disagreement.

Statements like these might end up hurting him because there has to be a limit on how un-Republican the Republican primary electorate will allow a candidate to be. GOP voters and conservatives like being told that all the undocumented immigrants will be kicked out and that we’ll stick it to the Chinese. They also like being told that tax hikes are socialism and that all the problems in the Middle East are Barack Obama’s fault for surrendering to the terrorists. The worst thing that could happen to Trump is if those voters get tired of his immigration act and start paying more attention to the other things he says.

The Donald is an umitigated asshole but I think he’s very important.  He shows how fundamentally angry even Republicans are at the Beltway Neo-Lib consensus and how thin support for the tired tropes is.

It’s all Been a Pack of Lies

Well, if you told me you were drowning

I would not lend a hand

I’ve seen your face before my friend

But I don’t know if you know who I am

Well, I was there and I saw what you did

I saw it with my own two eyes

So you can wipe off that grin,

I know where you’ve been

It’s all been a pack of lies

That is about the sum of last night’s five and a half hour, two tiered GOP presidential debate on CNN moderated by Jake Tapper. Aside from the sniping about records as governors, senators and CEOs, America got an earful of chest thumping war mongering , fantasy and lies about everything from Planned Parenthood to vaccines, tried and untried bad ideas on the economy and taxes, and only one question about climate change. None of it was challenged by any of the candidates or the moderator. This was a marathon exercise in performance art by a bunch of scary, mindless individuals on an ego trip to be the most powerful politician in the world.

FactChecking the CNN Republican Debate

By FactCheck.Org

The candidates flubbed claims on vaccines, immigration, Hillary Clinton and more.

Summary

The Republican presidential candidates met for their second debate on Sept. 16, this one hosted by CNN at the Ronald Reagan Presidential Library and Museum in California. We found they strayed from the facts on numerous issues, including:

   Donald Trump told a story linking vaccination to autism, but there’s no evidence that recommended vaccines cause autism. And Sen. Rand Paul suggested that it would be safer to spread out recommended vaccines, but there’s no evidence of that, either.

   Former Florida Gov. Jeb Bush said Trump donated to his gubernatorial campaign to get him to change his mind on casino gambling in Florida. But Trump denied he ever wanted to bring casino gambling to the state. A former lobbyist says he did.

   Former Arkansas Gov. Mike Huckabee said that Hillary Clinton was “under investigation by the FBI” because she “destroyed government records.” Not true. She had the authority to delete personal emails.

   Trump said that “illegal immigration” cost “more than $200 billion a year.” We couldn’t find any support for that. Actually, it could cost taxpayers $137 billion or more to deport the 11 million immigrants in the country illegally, as Trump proposes.

   Trump again wrongly said that Mexico doesn’t have a birthright citizenship policy like the United States. It does.

   Carly Fiorina said that the Planned Parenthood videos released by an anti-abortion group showed “a fully formed fetus on the table, its heart beating, its legs kicking while someone says we have to keep it alive to harvest its brain.” But that scene isn’t in any of the videos.

   Fiorina repeated familiar boasts about her time at Hewlett-Packard, saying the size of the company “doubled,” without mentioning that was due to a merger with Compaq, and she cherry-picked other statistics.

   Florida Sen. Marco Rubio said that U.S. policies to combat climate change would “do absolutely nothing.” The U.S. acting alone would have a small effect on rising temperatures and sea levels, and experts say U.S. leadership on the issue would prompt other nations to act.

   In the “happy hour” debate, South Carolina Sen. Lindsey Graham glossed over the accompanying tax increases when he said only that Ronald Reagan and then-House Speaker Tip O’Neill “found a way to save Social Security from bankruptcy by adjusting the age of retirement from 65 to 67.”

Facts Go on Trial at Second Republican Debate

Bt Charles Pierce, Esquire Politics

How much of this bullshit is going to go unchallenged?

Ben Carson still wants to change the tax code to a 10 percent biblical tithe. Rand Paul wants a 14 percent flat rate. Mike Huckabee wants the Fair Tax. Only Donald Trump stuck up for a progressive income tax, which Carson called “socialist” as Teddy Roosevelt went to 78 rpm under the sod. The most nauseating moment came when Scott Walker deflected a question on the minimum wage by emphasizing all he’s done for higher education in Wisconsin. Which raised a problem with this whole format. Jake Tapper did a good job playing one candidate off another, and using their own words to do it. But there was a lot of high-quality bullshit being slung around up there that went completely unchallenged. Walker’s paean to higher education was one example. The phony Planned Parenthood videos were treated as gospel. Nobody got called on anything except on what they’d said about someone else. (Hugh Hewitt was next to useless, bringing a touch of evening drive radio to an event that was starved for gravitas anyway, but we expected that.) There simply isn’t a single new idea on the economy here. There are only bad ideas that nobody’s tried yet.

The GOP debate was a chaotic disaster: Why CNN’s most watched program ever was also completely ridiculous

By Jack Mirkinson, Salon

Jake Tapper & co. did their best to avoid the pitfalls of the Fox News debate. Only problem? They whiffed badly

Tapper’s line of questioning left much to be desired. Time and again, the candidates were asked explicitly to argue with each other-“Tell him why he’s wrong” was a common refrain-rather than forced to mount a thorough defense of their own views. The emphasis on letting the candidates pin each other down meant that multiple whoppers went by unchallenged, with Carly Fiorina’s entirely made-up horror stories about Planned Parenthood being a notable example.

The strategy also turned the proceedings into a bit of a chaotic mess. At the Fox debate, the moderators made clear that not all the candidates would get to answer every question. Tapper not only let everybody weigh in on everything, he also gave everyone a chance to reply to every mention of their name, meaning that huge chunks of time were taken up with bickering and point-scoring. The candidates took to whining “Jaaaaaaake!” like bad Marlon Brando impersonators as they pleaded with Tapper for time. More often than not, Tapper gave in. He shouldn’t have.

And the biggest lie of all, from the “smarter” brother.

No, Jeb: George W. Bush Did Not Keep Us Safe

By Amanda Marcotte, Talking Points Memo

In a bit of ugly sparring over who did or did not support the Iraq War, Jeb Bush, in a moment of pique, jumped in with, “You know what? As it relates to my brother, there is one thing I know for sure, he kept us safe.”

The audience, comprised of Republican primary voters went nuts, and so Bush doubled down on his claim that having 3,000 citizens die from a terrorist attack — the largest in American history — “kept us safe.”

“You remember the rubble? You remember the firefighter with his arms around it?,” he railed. “He sent a clear signal that the United States would be strong and fight Islamic terrorism and he did keep us safe.”

Liberals on Twitter, including myself, sternly disagreed that safety was maintained if you’re standing on a pile of rubble where, just hours before, one of the largest office buildings in the world had stood. In the grander scheme of things, it’s also hard to really buy the idea that safety was best secured by using this terrible terrorist attack as a pretense to start an irrelevant war in Iraq that diverted resources from actually fighting terrorism. Not to say, it’s questionable that anyone is kept safe by the fallout from that war, which led to the deaths of almost half a million people and stoked instability and resentment against the United States.

Stopped Clocks and Alarms

If you see Stupid say Stupid.

Here’s The Ridiculous Texas Law That Allows Law Enforcement To Pretend A Digital Clock Is A Hoax Bomb

by Tim Cushing, Tech Dirt

Thu, Sep 17th 2015 10:37am

There may be some method behind the zero tolerance, racially-tinged madness of the Irving, Texas, police department. The department perp-walked fourteen-year-old Ahmed Mohamed out of school and into its welcoming arms for the crime of not building a bomb. It was a clock, but because it had wires and a circuit board and was contained in a metal case and was on school grounds and Ahmed Mohamed’s name is Ahmed Mohamed, the police decided that if it wasn’t a bomb, it was the next best thing: a “bomb hoax.”

So, after handcuffing him “for his safety” (ACTUAL QUOTE) and holding the non-bomb “as evidence” of a crime that wasn’t committed, the department has dropped all charges. It isn’t very repentant, however, despite everyone else — including the President of the United States — expressing support for the student. It still claims everything about the horrendous debacle was by the book. And, sadly enough, it probably was.



Mohamed didn’t pretend the clock was a bomb. Far from it. But that doesn’t matter because of subsection (2), which takes away anything involving intent and puts it all in the fearful minds of nearly any government official. “Alarm or reaction of ANY type.” How does one avoid causing an alarm or reaction in others, especially others that seem particularly easily alarmed? It’s impossible.

Mohamed’s science teacher wasn’t alarmed, but he did remark that maybe Ahmed shouldn’t show this project to anyone else. Mohamed didn’t plan to, but the clock started beeping during another class and shortly thereafter, his English teacher started panicking. (But in the controlled sort of panic where a person demands someone hand over a bomb — something no rational person would do if they actually thought the device in question was a bomb.)

Now, if we’re going to play along with this statute’s wordings, a whole lot of everyday items suddenly become much more “dangerous.” Road flares, cell phones, batteries, a box full of wires, a vibrator, a doorbell, a power inverter… basically anything someone might feel could explode or could trigger an explosion would fall under the enormous shadow this statute casts.

But if we’re going to play along with the police and the stupid law they used to defend their actions, we have to ask why several school officials — including the English teacher who reported Mohamed to them — weren’t arrested as well. After all, they very likely knew they didn’t have an actual “explosive or incendiary device” in their hands, and yet they approached the police department with claims that they did. This very definitely provoked a reaction and, at that point, the device was in the possession of school personnel. That’s subsection (2).

By claiming a bomb was on the school’s premises (when they likely knew it wasn’t a bomb — see also: no evacuation of the school, no warning sent to parents, etc.), they also violated subsection (1) of the statute.



Perp walking a few school officials out of the building and into squad cars would certainly teach them not to waste valuable law enforcement resources with stupid, fearful bullshit. But these actions would only be taken by a police department not so inclined to waste its own time investigating bombs that aren’t bombs and arresting students who aren’t criminals. And, as can clearly be seen, the Irving PD does not meet these standards.

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