If pigs could fly, perhaps it might then be conceivable...

(Poetic Justice Photomontage)

Swine Flu or North American Flu?

The current influenza, because it contains avian and human components and because no pig has been found ill, would more accurately be called the North American influenza, based on its geographic origin.

Released April 27, 2009

DES MOINES, Iowa -- The international organization that manages the fight against animal diseases globally said Monday that the flu virus now spreading around the world would more accurately be called “North American influenza” rather than “swine flu.”

The Office International des Epizooties, commonly known by the acronym OIE or World Organization for Animal Health, said the current influenza, because it contains avian and human components and because no pig has been found ill, would more accurately be called the North American influenza, based on its geographic origin.

OIE compared its preference for the geographic naming of this influenza to the Spanish influenza, a human flu pandemic with animal origin that killed more than 50 million people in 1918-1919. The current flu has not reached pandemic proportions.

“The virus has not been isolated in animals to date. Therefore, it is not justified to name this disease swine influenza,” the Paris-based organization said in a statement.

According to Peter Cowen, associate professor of epidemiology and public health at North Carolina State University, the H1N1 virus is being called “swine flu” because of the 1918 outbreak in Spain. That virus, Cowen said, probably had a wild bird origin but nonetheless became known as the swine influenza virus because it caused significant mortality in both swine and human populations.

Cowen, as did the OIE, notes that it appears no exposure to swine has occurred among people who have come down with the current novel H1N1 virus.

The reason this virus is being called swine flu, Cowen said, “is the history and evolution of the virus. It also rests on the fact the some of the genetic analysis indicates that elements from viruses that have traditionally been found in swine populations are incorporated.

“However, since we know nothing of how this virus has gotten into the human population but there apparently is no history of swine exposure, it probably makes more sense epidemiologically to refer this simply as an H1N1 virus.”

Cowen noted that the H5N1 virus prevalent in Asia was known as avian influenza or bird flu, but that it, over time, is becoming known by its viral strain, rather than bird flu.

As for the widespread public use of the term swine flu, Cowen said it’s unfortunate because the name implies a simple, zoonotic transmission between swine and people, when in reality, its origin and epidemiology is likely to be much more complex.

http://www.pork.org/

Sorrow's Journey With Winter's Soldier

(Poetic Justice Photomontage)

Grief doesn’t travel very far away,
Scratch the surface and it’s all back again.
(Triple car bomb strikes Baghdad)
You see, love is like that.
(Darfur Genocide and Ellison's Protest)
If you love someone they’re either
Gone a long distance for a short while
Or a long while… But grief,
Grief doesn’t travel very far away.
(Holocaust Timeline)

Winter's Soldier

Immense shining chariots thundered across the heavens.
Ghostly hooves burst and collapsed the living homes
And the shock filled gasps of children could be heard...
Bosnia-Herzegovina (1992-1995) 200,000
...Years later a dole of doves is all that holds the world
And beneath the sand the shards of bone shift down
Making room for the next barren scratch of living’s cage.
Rwanda (1994) 800,000
Giant, fortified wheels of chain roll upon the streets now.
Death weary boots slog behind, eyes winked with caution,
Heavy loads of mourning strapped upon the back.
Pol Pot Cambodia (1975-1979) 2,000,000
Such little gladness advances along this guarded pace
As something sinister skulks their heavy shadows
Moving in unison; each glance, each gun, each breath.
Nazi Holocaust (1938-1945) 6,000,000
It stays upon them like a salutation from a viper’s kiss;
Throttling the lungs into a desperate breathing thing
That bribes the senses and kidnaps affection.
Rape of Nanking (1937-1938) 300,000
They cannot stay there knowing it surrounds them
And brings forth nothing worth killing for at their hands
Or dying for in their hearts.
Liberated mouths have turned downward with lips
That smell of death’s foul oppression.
Stalin's Forced Famine (1932-1933) 7,000,000
Before the lurking beast might taste their dread
Or the fanged tempest descend with blinding dust
The winter soldier needs turn homeward;
Ahead of the treachery that smells of grief,
Ahead the echoes of a child’s gasp and mother’s plea.
Armenians in Turkey (1915-1918) 1,500,000
Wounds may throb and ache and even heal,
...Death is not made that way.
Native American Genocide (1492-...) 12 million
Filipino-American War (1899-1902) 1.4 million
Ongoing Genocide of Palestinians (1948-?) the.uncounted
Ongoing Genocide in Iraq (2003- ?) 650,000 to 1,000,000
Grief doesn’t travel very far away...


© 2007 mrp/thepoetryman


Greek word 'genos' (race) with the Latin word 'cide' (killing).

Two Actions To Take

1. Sign this petition today to tell Secretary Salazar and Secretary Locke to overturn every last Bush regulation that erodes protections for endangered species.

2. Federal scientists must feel free to speak out about research findings that impact our lives. Please urge federal agency leaders to improve their agencies' media policies.

Invest in Women

Increase Funding for International Family Planning

what do we stand for anymore? do we even know?

there have been innumerable assaults on the constitution- pretty much from its inception. the john adams contingent has not been pleased that 'the great unwashed' was given any say whatsoever in their own governance. those descendants we see today splashed all over fox noise, hate radio, state and local governments, tea parties, and now..... million militia marches. guess that's why they are stock piling all that ammo.

but i just don't know what to say about the torture issue. i have been a strident voice for years- pushing and pushing for people to realize that free societies take the risk of being 'less secure' in order to remain free. pushing for people to realize that we, the people, were losing the document that gave us our freedoms- legally- in america. and people were afraid. they were afraid of muslim extremists who may bomb our cities or unleash biological terror in 'the homeland.'

but the people were wrong. the terrorists lived amongst us- called themselves americans. and willfully and gleefully stripped civil liberties away at a rate unprecedented in our history. and always my question was- why? why are they doing this? when is enough money and power enough? and i didn't have a good, tangible answer. i still don't. the closest i get is simply- because they could.

because they knew going in what they wanted to do- they created 9/11 to shock america into swallowing their lines of bullshit about the country being vulnerable. they created the crisis in order to go into war mode- special presidential war powers indefinitely. they manufactured reasons to go to war with iraq and decimated and tortured people and ruined the lives of millions of people.

because they could.

torture is arguably the worst thing you can do to a person. it effects them physically- and mentally- and if they survive- it effects them for the rest of their lives. and their families and neighbors and fellow countrymen- and it does not work for information. and americans authorized this- and carried it out. now, i realize that we have been doing this for years- at the very least training operatives on how to carry it out. but these folks planned to torture other folks to send a message loud and clear- that they were in charge and that's it.

over the last 8 years or so, folks like me have been called traitors, conspiracy theorists, crazy, etc.- and while it generally came from the right, much came from the left too. folks simply didn't want to believe that fellow americans could carry out what bushco and the rubber stamp legislative and judicial branches did. this couldn't happen in america- we are the land of the free. but it did.

and i guess what my purpose in writing this post is- to say simply this- the people on the right are wrong. period. they are the traitors and the unpatriotic people. i don't consider them americans at all. the people on the left who have been complicit and who have gone along with the right- in the name of power or blackmail or whatever- and didn't stand up- same thing. there is nothing patriotic about stripping civil liberties away from a democratic republic in the name of security. there is nothing noble or patriotic or brave in advocating torturing another human being. these people are cowards.

for all of the grandstanding and pretending to give a damn about the founding fathers and the constitution- and apparently, the boston tea party- these folks have not actually read the documents. they didn't listen to saint ronnie about america being an example to the world- 'a shining city' and blah, blah, blah- we were set up as the beacon of hope to the world- and we have no right to the title. so, it is time to let the people who claim to be americans know- you aren't. the rest of us are going to have to grow a set- because if we want any semblance of the country we believed in- we are going to have to fight for it. the right is arming itself- and if you pooh pooh that off- well, you may end up in a detention facility right here in the us of a.

sorry shep- we do torture- did torture- probably still do torture. the next question is- will be hold onto our principles and hold folks accountable? or perhaps the better question is- do we have any principles left?

Seven Jewish Children

This is ROOMS Productions' official video documentation of Caryl Churchill's SEVEN JEWISH CHILDREN a play for Gaza presented at ROOMS Gallery in Chicago, Illinois (Recorded March 14, 2009). SEVEN JEWISH CHILDREN's script contains only 7 blocks of text - leaving the staging up to the those groups producing the work. ROOMS Productions presented the Chicago premiere of Ms. Churchill's script as a three hour looped performance installation (shown on March 12, 14 and 15 of 2009. At the request of Ms. Chruchill, donations for the charity Medical Aid for Palestinians were taken at the door. http://www.map-uk.org/ Go to ROOMSGallery.com for more info about ROOMS Productions. 

Make it stop!

Toon-Link

Um: Torture Memo Author Regrets Writing Memo
More Truths on Torture
What Do We Stand For Anymore?
Bush Officials Signed Off on Torture
We're All Serbians Now

That 100 Days Leadership Thing

The topic below was originally published on my blog, the Intrepid Liberal Journal. Also, I hope readers here will consider voting for my blog for the 2009 Chapeau Blog Awards. My appreciation as always for being allowed to X-Post here. I love the new format!

A charismatic president assumes power in a time of unprecedented turmoil after his hapless predecessor becomes a hated symbol of inertia. Financial institutions previously trusted for their forbearance are exposed as reckless stewards while the global economy implodes and regular folks who did nothing wrong are ruined. As job losses mount, unscrupulous demagogues at home and abroad exploit the chaos for nefarious objectives.

Discredited conservatives accuse the new president of socialism while anarchists under the guise of populism are determined to expropriate and redistribute private capital’s wealth no matter what the consequences. Yet the nation rallies to the new president even as progress is slow, uneven and plagued with setbacks. Critics on the left, including his wife, believe the new president is overly cautious while conservatives view him as akin to the anti-Christ.

The public discourse is volatile as the new president confounds his critics and towers over the body politic. Sound familiar? Generation-Y liberals may assume I’m referring to President Barack Obama’s first 100 days that we’ll be reading about next week. I am of course referring to President Franklin Delano Roosevelt, who first established the 100 days benchmark in 1933. FDR’s first 100 days were the foundation of twenty-years of Democratic Roosevelt/Truman administrations that forever changed American society and its place in the world.

FDR himself was brilliant and flawed as he navigated the country through perilous waters domestically and internationally. His leadership enabled America and its allies to prevail in World War Two and establish an enduring middle class. Yet there was also a dark side to the FDR years as the “imperial presidency” was launched and Japanese civilians were “relocated.” The imperial presidency later metastasized during the cold war following the 1947 National Security Act under Harry Truman.

Ultimately, the FDR years, like any presidency was a product of its time. Skirmishes between labor and business were violent. The gap between rich and poor was grotesque. Much of rural America didn’t have electricity and whites routinely murdered their black neighbors. Anti-Semitic demagogues such as Father Charles Coughlin polluted the airwaves. Industrial leaders like Henry Ford as well as national hero, aviator Charles Limburg, openly expressed their admiration for Adolph Hitler.

Capitalism as well as the concept of democracy itself seemed to be retreating as Hitler in Germany, Josef Stalin in Soviet Russia and Italy’s Benito Mussolini maneuvered for global domination. The Japanese Empire brutally worked to establish their “Asian Co-Prosperity Sphere and carved up the Chinese mainland in the 1930s. Americans hoped to avoid foreign wars and FDR promised to keep us out as he plotted behind the scenes to save civilization.

In any era, leadership is not for the meek or faint of heart. FDR projected jaunty confidence and empathy for the downtrodden as he defined America’s center of political gravity on his terms. His leadership style was one of calculated confrontation and FDR skillfully utilized his political capital to take on conservative agents of the status quo at home while inspiring an international alliance against implacable enemies abroad. Seventy-five years after his first inauguration many historians regard him as America’s greatest president.



President Obama’s current challenges and leadership style is understandably compared to FDR – especially has we approach his 100 day benchmark. His support remains notably impressive in spite of the plutocratic dynamic duo of Larry Summers and Timothy Geithner or his waffling with respect to prosecuting crimes committed by the Bush Administration.

Every week we set new records for unemployment claims and the Wall Street bailouts continue. Yet the public continues to believe in his leadership. I do too even as I fret over Obama’s handling of the banking crisis and worry his presidency will be consumed by efforts to stabilize Afghanistan and Pakistan.

My interpretation of President Obama’s political standing is that his support is partly attributed to a conservative minority that is bereft of ideas and maturity. There is the faux populist outrage of “tea parties” to the sniveling temper tantrums of conservatives when Obama shakes hands with Hugo Chavez. Newt Gingrich and Rush Limbaugh look like fools as they critique Obama’s handling of the Somali Pirates hostage crisis while the administration initiates a successful rescue operation. Republicans in Texas and Georgia speak openly of secession while a more sophisticated majority wants to come together and solve problems.

The public face of conservatism is angry, xenophobic, homophobic, shrill and insipid and no longer taken seriously. It's not just that conservative ideology is thorougly discredited as it was in 1933. Sarah Palin, Rush Limbaugh, John Boehner and Newt Gingrich are almost cartoonish in their political opposition. Hence, the real debate with respect to public policy about issues ranging from the potential fall of Pakistan, engaging Iran, addressing global warming, strengthening public education, rebuilding infrastucture, renewable energy and health care is between the center and the left. The center of political gravity is being redefined by Barack Obama because Republicans don't belong at the grownups table.

On the left, people like me critique the administration so he will seize the moment and push the envelope further. We want accountability for the Bush Administration’s crimes, a swift reversal of the Wall Street centric economy that has placed millions of Americans on the abyss of destitution and a public option for health care. The end result of impatient liberal/left critics and America’s puerile conservatives is that President Obama owns the political center just as FDR did.

Whether Obama takes full advantage of his unique stature will take far longer than 100 days to know. This is only the end of the beginning.

Emma Goldman on Patriotism

Actress Sandra Oh reads the speech given by anarchist Emma Goldman in San Francisco before the United States entered WWI. Part of a reading from Voices of a People's History of the United States given October 5, 2005 in Los Angeles California (featuring Howard Zinn and Anthony Arnove.)

Oh, how prophetic! This all has come to pass.

Some excerpts from the reading: What is Patriotism? (1908),
Speech given in San Francisco, California

* What is patriotism? Is it love of one's birthplace, the place of childhood's recollections and hopes, dreams and aspirations? Is it the place where, in childlike naïveté, we would watch the passing clouds, and wonder why we, too, could not float so swiftly? The place where we would count the milliard glittering stars, terror-stricken lest each one "an eye should be," piercing the very depths of our little souls?

* "Patriotism, sir, is the last resort of scoundrels," said Dr. Samuel Johnson. Leo Tolstoy, the greatest anti-patriot of our time, defines patriotism as the principle that will justify the training of wholesale murderers; a trade that requires better equipment in the exercise of man-killing than the making of such necessities as shoes, clothing, and houses; a trade that guarantees better returns and greater glory than that of the honest workingman.

* Conceit, arrogance and egotism are the essentials of patriotism. Let me illustrate. Patriotism assumes that our globe is divided into little spots, each one surrounded by an iron gate. Those who have had the fortune of being born on some particular spot consider themselves nobler, better, grander, more intelligent than those living beings inhabiting any other spot. It is, therefore, the duty of everyone living on that chosen spot to fight, kill and die in the attempt to impose his superiority upon all the others.

The inhabitants of the other spots reason in like manner, of course, with the result that from early infancy the mind of the child is provided with blood-curdling stories about the Germans, the French, the Italians, Russians, etc. When the child has reached manhood he is thoroughly saturated with the belief that he is chosen by the Lord himself to defend his country against the attack or invasion of any foreigner. It is for that purpose that we are clamoring for a greater army and navy, more battleships and ammunition.

An army and navy represent the people's toys.

* We Americans claim to be a peace-loving people. We hate bloodshed; we are opposed to violence. Yet we go into spasms of joy over the possibility of projecting dynamite bombs from flying machines upon helpless citizens. We are ready to hang, electrocute, or lynch anyone, who, from economic necessity, will risk his own life in the attempt upon that of some industrial magnate. Yet our hearts swell with pride at the thought that America is becoming the most powerful nation on earth, and that she will eventually plant her iron foot on the necks of all other nations.

Such is the logic of patriotism.

* Thinking men and women the world over are beginning to realize that patriotism is too narrow and limited a conception to meet the necessities of our time.

* The spirit of militarism has already permeated all walks of life. Indeed, I am convinced that militarism is a greater danger here than anywhere else, because of the many bribes capitalism holds out to those whom it wishes to destroy.

* When we have undermined the patriotic lie, we shall have cleared the path for the great structure where all shall be united into a universal brotherhood — a truly free society.

cross-posted on Border Explorer

SUNDAY SONNET

Before the year folds
and mothers lower the cold
breath of loveliness,
before the sun sets
and stars hoist their heads
for the world to see,
and the waters cower away,
the mountains sheath,
and a majestic tree
kneels upon the soil
in search of one final glance,
one last forlorn look
at the boy who climbed,
the girl who skipped `round,
the woodsmen who passed
with axes sheathed in awe
of his mighty trunk,
a glance of mothers,
beauteous and loving,
hopeful and gentle
laughter spilling from
children’s mouths;
might we discover,
remember for the next,
and climb the tree
and offer it friendship?

After the year folds
and the breath of splendor
has eased into the earth
may tomorrow’s trees
stand tall against war.


Copyright © 2006 mrp / thepoetryman

A memo...

An Enduring Torture

Faith No More

FNM - War Pigs (7:25)

Act or Idle...

Thursday Afternoon Actionables

(Mc)Art...

"Special Forces" by Van Thanh Rudd

Ceaselessly giving.
Art opens inward
The generous spirit of the heart.

Art widens the eyes,
The soul,
Then seeks you within it.

Rigid and hot,
It needs freedom, faith
To consider where it’s taken you,

Like dipping your mind’s brush
Into the cleansing water,
Thoughts swim, breathing like fish.

Now given to, submerged,
Bathed in the shape of it,
What wrangles your soul?

If you find your breath full...
Think not of the artist’s truth,
Think but of your own;

(Spirit and the heart of hope weep and question why.)

© 2007 mrp/thepoetryman

take a deep breath- what's that i smell?

is it spring? no, wait, it's diplomacy. who knew? who knew that sitting down and actually talking to folks can lead to the start of disarming volatile situations? there are many things i don't know- and haven't learned yet- but i do know human nature. folks tend to get defensive and belligerent when confronted with bullies, blackmailers, etc. and folks will only take being mistreated for so long. hence, president obama's worldwide 'apology tour.'

most americans don't know about the decades of american government sponsored coups in other parts of the world- latin and south america, southeast asia, africa. most americans don't know that the right wing of america and it's 'trickle down' milton friedman inspired disaster capitalism is responsible for the deaths of millions of fellow human beings. there is much to apologize for. folks around the world aren't terrorists- and they don't hate us because of the way we live. they don't care for us much- because of the way we have forced them to live. and the fact that america and american corporations profited by the misery and torture that millions of mainly brown and black folks lived.

hence, the book president chavez gifted to president obama.

and the embargo on cuba is slowly being lifted.

the russians are agreeing to disarmament.

and america is looking to reach out to iran by dropping the stupid pre-bushco inspired conditions. wow. the cold war is over part 2. inevitably, we have to reach out- as we did to germany, japan, south africa, vietnam, italy, china,...

the bottom line is that human beings are going to need each other more than ever as we face not just our chicago school, friedman style, disaster capitalism economic meltdown- but as the planet becomes more and more inhospitable. the world is less of an issue than the right wing ideologues here in this country who are armed and mentally unstable. i don't want to predict another civil war but it is looking grim.

on a brighter note- i had no idea that russia gifted us a 9/11 memorial but apparently, they did. it's in new jersey.

so, Спасибо.

It is easy enough to kill a mouse...

...Even to wound or maim or squish;
Crush with a shoe. I have seen it done. I have seen this,

The outcome; petite legs broadened,
Turned awkwardly outward

Like some unsuspecting possum on the road,
Like a newly wet canvas of an enraged serial killer,

And how afterward the sole of the shoe seems different,
As if invincible, carrying now the influence of death.

Yes. It is easy enough to kill a mouse,
Even to wound or maim or squish,
Crush with a shoe. I have seen it done. I have seen this.

It is not, I suppose, like crushing a child.
It is not, I suppose, like flattening the human frame,

Unless you’re a monster marching through the village
Stomping the least of the insignificant clutching at giants.

© 2007 mrp/thepoetryman

Truth & No Consquences

The topic below was originally posted on my blog, the Intrepid Liberal Journal.

Unless hermetically sealed in a dungeon, I assume readers are aware of the “torture memos” authored by Bush administration lawyers in 2002-2003 and released to the public this past week by the Justice Department. Their release followed intense debate between Attorney General Eric Holder who advocated transparency and CIA Director Leon Pannetta who argued on behalf of secrecy.

Each time I started to read one I stopped out of disgust. I finally read them all yesterday after initially avoiding it. Ultimately, as citizens we all have a duty to familiarize ourselves with this dark chapter in our history yet it took me a couple days to overcome my reluctance and read these documents. Having done so I urge everyone to do the same and not simply rely upon the punditocracy and blogosphere for interpretation.

President Obama courageously and in my view rightly, authorized their release because we must not shield shameful truths under the false pre-text of national security. The criticism of former Bush officials notwithstanding, releasing these memos is an important step in the Obama administration’s efforts to rehabilitate America’s image.

The cost to our national security in releasing memos with respect to banned torture techniques is outweighed by the higher consideration of restoring America’s respectability with the civilized world. We can’t ignore our immoral transgressions because the world hasn’t and the national security argument is a false construct. Indeed, these now banned policies were ineffective at best and harmed our national security by further radicalizing the world against us.

Read More +/-

Many on the left are understandably outraged at the administration’s decision not to prosecute intelligence operatives who implemented these policies and have invoked the “Nuremberg defense” in venting their criticism. I sympathize with their argument even as I feel conflicted about it. Yes, I acknowledge feeling conflicted about what to do with CIA employees who were promised legal cover. Not all “truths” are absolute.

It doesn’t seem right to prosecute these people after the Justice Department promised they would not be prosecuted in the first place. To do sends a message that we expect these people to do our dirty work with the understanding they will be abandoned once the going gets tough.

I’d like to think I would have the moral courage to say no after receiving orders to engage in torture and resist the criminal rationalizations of White House Counsel Alberto Gonzales and Justice Department lawyer John Yoo. It’s easy for any of us on the outside to say these people should be prosecuted. We might feel differently if we had to walk in their shoes.

It also doesn’t seem right to simply ignore what they did. The CIA required cover from the Justice Department because they knew the Bush administration torture guidelines were illegal as well as immoral. Suppose this administration or succeeding presidents order their operatives to conduct immoral and illegal activities with respect to future detainees?

Is it not better to establish a precedent that punishes “following orders” that are illegal and reward those who stand up for the rule of law? Even if these employees are not criminally prosecuted they should pay a professional price and be fired. The culture needs to be changed and won’t be without some kind of accountability.

Without hesitation I firmly believe those who helped design these policies such as White House counsel Alberto Gonzales and John Yoo merit prosecution to the fullest extent of the law. Prosecution should also include Defense Secretary Donald Rumsfeld, Vice President Dick Cheney and President George W. Bush and anyone else identified either through a truth and reconciliation commission or congressional investigation as designing and ordering criminal policies in our country’s name. It is to our everlasting shame that foreign courts are willing to prosecute Americans for war crimes, while we allow our own to go on as if nothing ever happened.

President Obama apparently believes absolving the prior administration for war crimes is analogous to President Ford’s pardon of Richard Nixon: the only way to allow the country to move ahead. At least President Ford though “pardoned” Richard Nixon. The act of pardoning Nixon, although condemned at the time, at least acknowledged the man committed acts subject to prosecution. And Nixon had already paid a price.

There has been no reckoning for the figures that shamed our country or any sort of official acknowledgment that they engaged in criminal behavior. Congressional Democrats should have insisted upon accountability while the Bush administration was in power. It is to the everlasting shame of the Democratic Party that they did not impeach Bush, Cheney, Rumsfeld and Gonzales after he later became Attorney General, when they had the chance.

I believe a mature democracy should be able to conduct the people's business and simultaneously pursue the truth no matter where or how high up it leads. If President Obama however truly believes prosecuting former members of the Bush administration, including Bush and Cheney to be a distraction the nation can’t afford, then he should pardon them. Let's assume for the sake of argument that President Obama is correct. That criminal prosecution of Bush, Cheney and their minions would paralyze the body politic at a time when action is needed on multiple fronts.

At least the act of pardoning sends a message that the United States of America acknowledges their wrongdoing for posterity. It would also forever mark those pardoned long after bloggers like me are dead. Pardoning them would further stain those who enabled their heinous policies. Those enablers not only include the Republican Party but Democratic leaders such as Nancy Pelosi and Jay Rockefeller of the Senate Intelligence Committee who were briefed on these policies. Even if the entire Bush cabal never serves a second in prison, pardoning them is far preferable than simply “not prosecuting” the most feculent administration in American history.

Otherwise, releasing these memos amounts to truth without any consequences. And that's not acceptable.

That's fine, Gov. Rick Perry, Texas can go ahead and secede from the Union

Gov. Rick Perry of Texas grabbed national attention again this week during the anti-tax teabag ruckus by suggesting that Texas might just at some point get so fed up with federal taxation that they'd want to secede from the United States. He bragged that the Texas economy is in good shape compared with other states, let alone compared to the "federal budget mess," said Fox News.

I say we call that bluff. I live in Texas; I know that Texas is, according to State Representative Eliot Shapleigh, "On the Brink." Here's a small sample of Texas's rankings compared to the 50 U.S. states (1=high, 50=low):

State Government Taxes & Spending

• Tax Revenue Raised Per Capita--------------49th
• Tax Expenditures Per Capita------------------50th
• Per Capita Spending on Mental Health-----46th
• Parks & Rec--------------------------------------49th
• Police Protection--------------------------------48th

Education

Percentage of Population over 25 with a High School Diploma---50th

State of the Child

Percentage of Uninsured Children---------1st

Health Care Issues and Environment

• Percentage of Population without
• Health Insurance----------------------------1st
• Air Pollution Emissions----------------------1st
• Green House Gases Released----------------1st
• Toxic Chemicals Released into Water-----1st
• Hazardous Waste Generated----------------1st
• Carbon dioxide emissions-------------------1st

Workforce Issues

• Income Inequality between the Rich and the Poor--2nd
• Job Discrimination Lawsuits-----------------------------1st

Public Safety

• Number of Executions-----------------------1st
• Number of Gun Shows-----------------------1st
• Number of Registered Machine Guns------1st
• Deaths by Floods/Tornadoes----------------1st

Sorry, Gov. Perry. There's not a lot here to brag about. And there's even less if you look at the entire listing in Shapleigh's document. So, should Texas decide to secede, it might actually be doing the rest of the states a favor. Because, quite honestly, it looks to me like Texas might be pulling the average down.

Thursday Afternoon Action(s)

1. Call on Investors to Stand up for Human Rights in Darfur

2. 

Contact Your Representative Today!
We have a huge opportunity to finally jump start our economy with clean energy. The American Clean Energy and Security Act of 2009 (ACES) will help create millions of clean energy jobs, boost efficiency, save consumers money, and protect the planet.
But with a Congress so closely divided on the environment, it will be decided by just a handful of votes. Send an email to your Representative today insisting that they vote yes on this critical legislation. 

LOCV

Take Action Today...

1. Fox News Crosses the Line

For news coverage to be "fair and balanced," there has to be a line separating news from political activism – a clear boundary between legitimate commentary and demagoguery.

Fox News Sunday host Chris Wallace repeatedly characterizes his network as "fair and balanced" – a source of news that should be taken seriously. However, several recent actions on Fox News illustrate that the network is contributing to a culture of conservative paranoia and anti-Obama political activism.

For example, since launching his Fox News show, Glenn Beck has engaged in increasingly outrageous rhetoric that promotes a culture of conservative paranoia – from imitating President Obama pouring gasoline onto the "average American" to mocking Obama's aunt's "limp."

If Wallace wants to continue to portray his network and influential Sunday show as a credible source of news, he owes it to his viewers to speak out publicly against Fox News' recent behavior. So please ask Chris Wallace to publicly denounce Fox News' recent actions and repair the damage done to his network's credibility.

2. Bob Marshall, staff writer for the New Orleans Times Picayune covered the story of Dr. van Heerden's leadership investigating the levee failures. In a recent opinion piece, Marshall said, "... I always thought the state should be rewarding van Heerden, not chasing him away, because metro area residents -- indeed, citizens of any U.S. community currently relying on federal levees to keep them safe -- owe Van Heerden a huge debt."

If you agree, please sign the petiton below urging the Chancellor of LSU to reconsider his action.

3. Obama: Lift the Cuban Embargo

On Monday, President Obama announced a shift in US policy on Cuba, but Latin American leaders and US members of Congress are urging him to take further steps -- to talk to the Cuban government and end the almost 50 year failed embargo.

This weekend Obama is participating in his first Americas Summit in Trinidad and Tobago. We have a unique chance to influence him with a strong international call to initiate a new constructive era of engagement with Cuba.

Add your name to the petition -- and Avaaz members will sail a boat with the number of signatures painted on its sail in the harbour where the summit is being held this weekend.

We urge the United States government to move from isolation to constructive engagement with Cuba--initiating dialogue and lifting the embargo.

Abuse Of Power And Police/Security Agencies: There They Go Again

Here's one more example of what can, will and do happens when we turn a blind eye to granting indiscriminate powers to police and security agencies:

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Phoenix police raid a blogger

In what should send a frightening chill down the spine of every blogger, writer, journalist and First Amendment advocate in the United States, Phoenix police raided the home of a blogger who has been highly critical of the department.

Jeff Pataky, who runs Bad Phoenix Cops, said the officers confiscated three computers, routers, modems, hard drives, memory cards and everything necessary to continue blogging.

The 41-year-old software engineer said they also confiscated numerous personal files and documents relating to a pending lawsuit he has against the department alleging harassment - which he says makes it obvious the raid was an act of retaliation.

I've told you so, didn't I?

Any questions?

Then try this one for size:

No more freedom of the Internet.

That's right - and it is coming sooner than later indeed:

Cybersecurity Act would give president power to 'shut down' Internet

A recently proposed but little-noticed Senate bill would allow the federal government to shut down the Internet in times of declared emergency, and enables unprecedented federal oversight of private network administration.

The bill's draft states that "the president may order a cybersecurity emergency and order the limitation or shutdown of Internet traffic" and would give the government ongoing access to "all relevant data concerning (critical infrastructure) networks without regard to any provision of law, regulation, rule, or policy restricting such access."

Authored by Democratic Sen. Jay Rockefeller of West Virginia and Republican Olympia Snowe of Maine, the Cybersecurity Act of 2009 seeks to create a Cybersecurity Czar to centralize power now held by the Pentagon, National Security Agency, Department of Commerce and the Department of Homeland Security.

While the White House has not officially endorsed the draft, it did have a hand in its language, according to The Washington Post.

Paging China, paging China ...

Ah, the things people are willing to do/accept in the name of Holy Security.

Q.E.D. - once again.

And so it goes ...

(Addendum: although China pledged to improve human rights, allow me to remain skeptical - just as I have become quite skeptical of anything President Obama says concerning civil rights. As but one example among many, take the time to contrast this (or this) with that (or that) - you'll then better understand my point.)

Thus I repeat: any questions?

Ben Heine has stirred up a bit of controversy...

Too dirty! Too ungodly!

Too iconic, like some unthinkable

Beast leaping out a child’s throat

Wielding its claws as switchblades,

(Or bullets or bombs)

Planting red lips upon the sleeping

Bringing innocence to its knees.

Too much, God damn it!

Too rich! Too immeasurable,

Like a pedophile’s rancid erection

Penetrating a child’s flaccid faith

Etched within youth’s center;

They’ll choose not to speak of it;

A secret... censored between fleshes.

A voice hollowed out,

Suppressed like a fearless work of art;

Too dirty! Too ungodly! Too iconic!

Who needs such art, such temptation?

(Flesh without cover)

Can’t have the commoners thinking such

Rigid ideas; might cause a mutiny…

Let us have cockle shells

And other silent dreamings;

Not essentials like art and reflection.

No! Too difficult! Too insurmountable;

A child’s dream or a mother’s breast;

Best keep such things under wraps,

Hidden where they belong.

Too filthy! Too profane!

Too iconic like some naughty child

Jumping out the belly of a beast

Wielding his mind as a paintbrush

(Or a pen or a dance),

Moving his thoughts over the nobility

Bringing them to their knees.

© 2008 mrp/thepoetryman

(To see the work that inspired this poem please visit Ben Heine's wonderful blog...)

the war within

america has been at war with herself for a very long time. many americans refused to see it- and indeed still do. but there is hope sometimes that we will come to see each other as simply fellow human beings. no color, gender, religious affiliation, sexual orientation (for lack of a better term), etc. i am proud to say that president obama and his family are leading the way on that front.

i am disappointed that amazon is not. i buy quite frequently from amazon and link to it often. i will not be doing so until and unless amazon changes its current book rating system and policy to end the recent discrimination. in the meantime, i fully expect many crazies to cheer amazon's decision and deride the president. and that should give all of us pause.

if you would like to sign the petition demanding amazon to state why they have decided to pull lgbt literature and not heterosexual literature of similar genres- please go here

http://www.thepetitionsite.com/1/in-protest-at-amazons-new-adult-policy#signatures

The Democracy Index: An Interview With Law Professor Heather Gerken

The topic below was originally posted on my blog, the Intrepid Liberal Journal.

On January 1, 2007, Yale Law School professor Heather Gerken published a widely read article in the LegalTimes entitled, “How Does Your State Rank on The Democracy Index.” Gerken argued that just as the Environmental Performance Index (“EPI”) shamed countries such as Belgium to upgrade their environmental practices, a “Democracy Index” would embarrass state and localities into reforming their electoral administration through competition.

Since Bush vs. Gore in 2000, the debate about electoral reform has been dominated by anecdotes and overheated abstractions. Liberals like me have long suspected that states such as Ohio and Florida were deliberately disenfranchising minority voters sympathetic to Democratic candidates. Conservatives complained that voter fraud and urban political machines were allowing ineligible voters to cast ballots at the expense of Republican candidates. With her article, Gerken contended that a Democracy Index would replace a debate dominated by shouting with data driven arguments instead:

“This index should take what Ohio State University law professor Daniel Tokaji calls a ‘moneyball approach.’ The word ‘moneyball,’ of course, refers to Michael Lewis’ book of the same name about the success of the Oakland A’s after management substituted hard numbers and empirical research for the gut-level judgments of baseball scouts in making hiring decisions.

Similarly, the Democracy Index could change the terms of the debate by giving voters something new: moneyball politics. It would offer cold, hard numbers and comparative data in place of atmospherics and anecdotes. It would provide bottom-line results in place of subjective judgments. It would let reformers talk like corporate executives, not starry-eyed idealists. And, most important, it would enable the voters to hold election officials accountable for their missteps.

In the end, a ranking system would work for a simple reason: No one wants to be at the bottom of the list.”

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Gerken further described her Democracy Index proposal and identified the major obstacles to good election practices with her new book, The Democracy Index: Why Our Election System Is Failing and How To Fix It (Princeton University Press). Her book is an accessible 181 pages and postulates that we need more facts about our election practices and that a ranking metric is our best hope to facilitate accountability and reform. Gerken also contends that our broken electoral system has less to do with intended malice than “deferred maintenance,” a term typically applied to failed infrastructure such as broken bridges.

Shortly after Gerken’s LegalTimes article was published, Both Barack Obama and Hillary Clinton, put her concept into proposed legislation and within a year, Congress set aside $10 million to fund model data collection programs in five states and the Pew Center. Other foundations also sponsored conferences and initial research. On March 1, 2007, Obama referred to these initiatives on the Senate floor as,

“an important first step toward improving the health of our democracy. We are all familiar with the problems that have recently plagued our elections: Long lines, lost ballots, voters improperly turned away from the polls. These are basic failures of process. Until we fix them, we run the risk in every election that we will once again experience the kind of chaos and uncertainty that paralyzed the nation in 2000. We can do better. We must do better. But to do better, we need more than anecdotal information. We need better, nonpartisan, objective information.”

Hence, Gerken's efforts illustrated at least the potential for action from the body politic to facilitate electoral reform but obviously, more needs to be done.

With respect to electoral law, Gerken is among the most authoritative voices in the country. In 2006, Gerken joined the Yale Law School faculty where she teaches election and constitutional law. Previously, Gerken clerked for Supreme Court Justice David Souter and was an assistant professor at Harvard Law School, where she was granted tenure and won the Sachs-Freund teaching award. She has also written for the New Republic, Roll Call, and Legal Affairs and has been a frequent media commentator.

Gerken was among several commentators who appeared on Charlie Rose’s program the very evening the Supreme Court rendered its fateful decision in Bush vs. Gore. During the 2008 presidential election, Gerken served on Barack Obama’s election protection team.

Gerken agreed to a podcast interview with me over the telephone about her book and proposal for a Democracy index. Our conversation was just over seventeen minutes and can be accessed via the flash media player below.



This interview can also be accessed at no cost via the Itunes Store by searching for either “Intrepid Liberal Journal” or “Robert Ellman.”

14 Protesters of Drone Use in Afghanistan, Pakistan Arrested at USAF Base

Friday afternoon fourteen peace activists were arrested at Creech Air Force Base in Nevada. These arrests occurred in the context of the activists' ten day vigil at the base to raise public awareness about the increasing use of unmanned drones in the Afghanistan and Pakistan war zones. Air Force personnel based at Creech control the Predator and Reaper drones that are used to launch offensives in Central Asia.

The activists provoked their arrest by walking through the base's open main gate shortly after 3:00 p.m. in an attempt to dialogue with the Air Force service members controlling the drones. In a gesture of good will, they offered share pizza with Air Force personnel. Air Force security personnel blocked them.


The Nevada State Highway Patrol and Las Vegas Metro Police Department responded to the intrusion. Activists were arrested on the charge of trespass and transported to the Clark County Detention Facility where they were booked and processed.


Those arrested include Kathy Kelly (twice nominated for the Nobel Peace Prize; Illinois), John Dear, S.J. (author, speaker; New Mexico) and activists from AZ, IA, NY, CA, IL, and Washington DC.

The group, calling themselves Ground the Drones, provide information on the drones and on their opposition to the use of that drone technology at the website http://NevadaDesertExperience.org.

An interactive map of US airstrikes in Pakistan is found: http://www.americanprogress.org/issues/2009/03/pakistan_map.html

image credit: CREECH AFB, Nev. -- As seen from an MQ-1B Predator, Close Air Support Subject Matter Experts for the 11th Reconnaissance Squadron coordinate via radio with a Predator student for a simulated Hellfire strike on a building while smoke is used to simulate missile impact on a building. One important aspect of Predator Initial Qualification Training is students receiving live Joint Terminal Attack Controller training. In order to enhance their training capabilities, Air Combat Command recently hired contracted Close Air Support Subject Matter Experts. (Courtesy photo)

"It is not necessary to hope in order to persevere."

originally, i thought that i would do a piece on monsanto and genetically modified seeds. they are, imo, simply evil and lacking any sense of morals or ethics- they force farmers worldwide to use their seeds and buy only their seeds- and the seeds don't work. if you don't go along with them, they basically destroy you. but then i thought better of it.

because the problem is so very much bigger. i have been giving some thought as to what american culture is; what the american way of life is; what the 'american dream' is- and i really don't know that we have one that is real. isn't that what we all are grappling with- the fact and reality that 'our way of life' was one big credit card induced fantasy? probably so. but it's easy to throw out the bad stuff and not as easy to really examine what being american really means. we are proud- or we were proud- to be americans and i have a feeling that's really all we know. americans tend to be an incurious lot as a whole.

but i put a bit of time into my thoughts and opinions and came up with- we are a culture of ideas. whether they be right ones or wrong ones- we have them. it has always been our idea that we live in a free democracy and were able to work hard and do better than the previous generation. our idea was that we were always the land of opportunity and betterment and that we were a safe haven for the world's beleagured and mistreated. we were the world's champion of the underdogs. of course, then we got fairly prosperous as a whole and stopped having ideas. we decided to feel rather than think- be hedonistic rather than introspective- and we got lost.

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chris rock puts it pretty much in perspective:

"The number one reason people hate America: the number one reason is because of our religion. Americans worship money, we worship money. Separate God from school, separate God from work, separate God from government, but on your money it says in God we trust. All my life I've been looking for God, and He's right in my pocket. Americans worship money, and we all go to the same church, the church of ATM. Everywhere you look there's a new branch popping up … remind you about how much money you got and how much money you don't got. And if you got less than twenty dollars, the machine won't even talk to you. The machine is like, "You better go see a teller." You ever go to a teller and try to take out eight dollars and fifty cents? Oh, it's disgusting … oh man, you gotta wait on that long ass line, people doing real transactions in front of you, you get on to the fucking front, you fill out your form, eight fifty. The fucking teller looks at it, she look at you, she looks at the check, she don't even take the money out of the drawer, she take it out of her pocket, "Here you go, get outta here." And here's something, man. Drugs are illegal, but ATM machines are open twenty-four hours a day. Twenty-four hours a day. For who? Who the fuck is it open for? Have you ever taken out three hundred dollars at four o'clock in the morning for something positive? Shit, when you press that machine at four o'clock in the morning, I think a psychiatrist should pop up on the screen and go, "Come on, man, save your money, man. Don't buy drugs, buy some rims. They spinning, nigga, they spinning, they spinning, nigga, they spinning." Americans worship money. Shit, you know why banks are closed on Sunday? 'Cause if they wasn't, church would be empty."

i watched bill black on bill moyers and what he said struck me- he said that this whole issue we are having with the economy is- well:

BILL MOYERS: "Yeah, and this week in New York, at this conference, you described this as more than a financial crisis. You called it a moral crisis.

WILLIAM K. BLACK: Yes.

BILL MOYERS: Why?

WILLIAM K. BLACK: Because it is a fundamental lack of integrity. But also because, if you look back at crises, an economist who is also a presidential appointee, as a regulator in the Savings and Loan industry, right here in New York, Larry White, wrote a book about the Savings and Loan crisis. And he said, you know, one of the most interesting questions is why so few people engaged in fraud? Because objectively, you could have gotten away with it. But only about ten percent of the CEOs, engaged in fraud. So, 90 percent of them were restrained by ethics and integrity. So, far more than law or by F.B.I. agents, it's our integrity that often prevents the greatest abuses. And what we had in this crisis, instead of the Savings and Loan, is the most elite institutions in America engaging or facilitating fraud. "

and the enormity of that hit me. our entire system is broken. every day i read the news and i see corruption oozing out of every facet of our system- drug and food recalls; people dying from shoddy healthcare or no healthcare; bloated education system based solely on testing, etc., and people firmly plugged into that system- with little choice not to be.

i also watched amy goodman and glenn greenwald on bill moyers- the last great journalist, imo- and listening to them i felt the enormity of broken system. the establishment exists to protect and perpetuate itself:

GLENN GREENWALD: Well, what I think is interesting is to look at what journalists, establishment journalists, who work in the largest corporations in the country, in the media division, say about what their role is. In order to understand how the reporting on Iraq was done. How it's done on the financial crisis. Last month Howard Fineman, the "Newsweek" reporter, and MSNBC contributor, wrote an article in which a column, in which he said that the establishment is now worried that Barack Obama is not up to the job. And he made clear that he was speaking on behalf of the establishment, as a member of it. And he said that the establishment, to the extent it exists in America, is now comprised of three stools. The financiers on Wall Street, political elites in Washington, and media stars in the New York/Washington corridor. And there's a "Newsweek" cover story by Evan Thomas, who's a long time Washington insider reporter. And it's concerning Paul Krugman's status as a critic of Obama from the Left. And in this article Evan Thomas, I thought quite revealingly declared himself, as well, like Howard Fineman did, to be a member of the establishment persuasion, as he called it. And what he said was that, by definition, members of the establishment are devoted to preserving the existing order. The prevailing status quo. Keeping things the way they are.

the fact that the politicians and the bankers and the corporates and the media are all working together to perpetuate an unethical, immoral, greed and wealth driven system on the backs of decent people around the globe angers me like nothing else. and i know that i am not the only one:

chris hedges- resist or become serfs

joe bageant- we have let corporations and the media rob our souls- let's do something about it

washington post reporters call george will out for lying on climate crisis

this economic disaster did not happen overnight- it was a well planned, system wide looting of our monies into the pockets of the very people who are now pocketing our money again in the form of bailouts. we got double dipped and that's for sure. probably triple and quadruple dipped.

make no mistake, there are many everyday americans who don't believe as i do- that every human being deserves basic necessities of life- water, food, clothing, shelter, and imo, healthcare. many folks right now are going about their lives with nary a thought of the suffering going on around the globe- and here in this country- brought on by 'our way of life.' but if and when the shit hits the fan for them- they will be the first ones in line for a handout- from neighbor, family, or government. because we have lived the life of plenty for so long and lost skill sets to help us get through the bad times.

president obama ran on 'hope and change'- those were the two themes throughout his campaign and i really believe he meant it. i don't know that that is what we need. oh, the change definitely- but the hope is that we will stabilize and folks can go back to their old lives. our way of life is gone forever. the houses with the white picket fences and the dog and the 2 kids- well, it was a bit of 1950's tv schtick. the thoughts in my head are far too many for me to keep writing in the post- but it is food for thought.

Yes, Once Again: Meet The New Boss ...

... same as the old boss (indeed):

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Obama Administration quietly expands Bush's legal defense of wiretapping program

In a stunning defense of President George W. Bush's warrantless wiretapping program, President Barack Obama has broadened the government's legal argument for immunizing his Administration and government agencies from lawsuits surrounding the National Security Agency's eavesdropping efforts.

In fact, a close read of a government filing last Friday reveals that the Obama Administration has gone beyond any previous legal claims put forth by former President Bush.

Responding to a lawsuit filed by a civil liberties group, the Justice Department argued that the government was protected by "sovereign immunity" from lawsuits because of a little-noticed clause in the Patriot Act. The government's legal filing can be read here (PDF).

For the first time, the Obama Administration's brief contends that government agencies cannot be sued for wiretapping American citizens even if there was intentional violation of US law. They maintain that the government can only be sued if the wiretaps involve "willful disclosure" -- a higher legal bar.

"A 'willful violation' in Section 223(c(1) refers to the 'willful disclosure' of intelligence information by government agents, as described in Section 223(a)(3) and (b)(3), and such disclosures by the Government are the only actions that create liability against the United States," Obama Assistant Attorney General Michael Hertz wrote (page 5).

Senior Staff Attorney Kevin Bankston at the Electronic Frontier Foundation, which is suing the government over the warrantless wiretapping program, notes that the government has previously argued that changes to the Patriot Act protected the government from lawsuits surrounding eavesdropping. But he says that this is the first time that they've made the case that the Patriot Act protects the government from all surveillance statutes.

"They are arguing this based on changes to the law made by the USA PATRIOT Act, Section 223," Bankston said in an email to Raw Story. "We've never been fans of 223--it made it much harder to sue the U.S. for illegal spying, see an old write-up of mine at: http://w2.eff.org/patriot/sunset/223.php --but no one's ever suggested before that it wholly immunized the U.S. government against suits under all the surveillance statutes."

Salon columnist and constitutional scholar Glenn Greenwald -- who is generally supportive of progressive interpretations of the law -- says the Obama Administration has "invented a brand new claim" of immunity from spying litigation.

"In other words, beyond even the outrageously broad 'state secrets' privilege invented by the Bush administration and now embraced fully by the Obama administration, the Obama DOJ has now invented a brand new claim of government immunity, one which literally asserts that the U.S. Government is free to intercept all of your communications (calls, emails and the like) and -- even if what they're doing is blatantly illegal and they know it's illegal -- you are barred from suing them unless they 'willfully disclose' to the public what they have learned," Greenwald wrote Monday.

He also argues that the Justice Department's response is exclusively a product of the new Administration, noting that three months have elapsed since President Bush left office.

"This brief and this case are exclusively the Obama DOJ's, and the ample time that elapsed -- almost three full months -- makes clear that it was fully considered by Obama officials," Greenwald wrote. "Yet they responded exactly as the Bush DOJ would have. This demonstrates that the Obama DOJ plans to invoke the exact radical doctrines of executive secrecy which Bush used -- not only when the Obama DOJ is taking over a case from the Bush DOJ, but even when they are deciding what response should be made in the first instance."

"Everything for which Bush critics excoriated the Bush DOJ -- using an absurdly broad rendition of 'state secrets' to block entire lawsuits from proceeding even where they allege radical lawbreaking by the President and inventing new claims of absolute legal immunity -- are now things the Obama DOJ has left no doubt it intends to embrace itself," he adds.

Both the Electronic Frontier Foundation and the American Civil Liberties Union say the "sovereign immunity" claim in the context of the case goes farther than any previous Bush Administration claims of wiretap immunity.

Writing about the changes to the Patriot Act last year, the EFF asserted that revisions to the Act involved troubling new developments for US law.

"Unlike with any other defendant, if you want to sue the federal government for illegal wiretapping you have to first go through an administrative procedure with the agency that did the wiretapping," the Foundation wrote. "That means, essentially, that you have to politely complain to the illegal wiretappers and tip them off to your legal strategy, and then wait for a while as they decide whether to do anything about it before you can sue them in court."

Moreover, they said, "Before PATRIOT, in addition to being able to sue for money damages, you could sue for declaratory relief from a judge. For example, an Internet service provider could ask the court to declare that a particular type of wiretapping that the government wants to do on its network is illegal. One could also sue for an injunction from the court, ordering that any illegal wiretapping stop. PATRIOT section 223 significantly reduced a judge's ability to remedy unlawful surveillance, making it so you can only sue the government for money damages. This means, for example, that no one could sue the government to stop an ongoing illegal wiretap. At best, one could sue for the government to pay damages while the illegal tap continued!"

In short: I told you so, didn't I?

Meanwhile, in other news ...

Then go read Glenn Greenwald.

Any questions?

(sigh)


(Cross-posted from APOV)

difference is only skin deep

i have been mulling over the state of affairs of the globe, our country america, and of course, my hometown over the last few days. the name of this blog is the peace tree and it is very difficult for me to channel any peace to write about here. but that doesn't mean that i am not currently peaceful. i have thought about how fragile life is and about how desperately human beings fight to stay alive in all sorts of circumstances- and how easily life is snuffed out at the hands of others.

and how little peace on earth there actually is.

and i don't have any glib, ready answers other than the most obvious- simply stop. stop killing each other and stop lying to each other and stop taking what isn't yours. i find it simply ironic that in binghamton folks are shaken to the core about the slayings and a week ago, many here in this somewhat conservative part of new york state were complaining about immigration and the influx of 'foreigners.' i am white in a largely blue collar area and i have seen my fair share of bigotry, racism, misogyny and just plain ignorance. not to sound holier than thou, but i cringe when some folks in alleged professional jobs open their mouths because what comes out is simple arrogance. i certainly don't condone the killing of innocent folks- and by all accounts the gunman, mr. wong, killed innocent folks. however, i have heard from people's mouths the slighting and the irritation and the annoyance at folks who have accented or broken english- as if spending a half a lifetime somewhere else should slip away once you reach american soil.

the funny thing is- here in binghamton and the rest of the triple cities- the area was built up on the backs of people who didn't speak a word of english. the only english many of these folks knew- "which way ej?" meaning- point the way to the endicott-johnson shoe factory. eastern europeans mainly but plenty of italians and irish settled here. in the 1980's an influx of vietnames refugees started settling here and the last wave in the 1990's have been ukrainians. so, it baffles me how people like the ones in my old neighborhood, some of whose parents came here from 'the old country,' have the nerve to pick on, complain about, be mean about folks whose english isn't fluent. and i chuckle too because many folks here who do speak english- don't use it correctly- as if perhaps they skipped the day in school when the teacher covered double negatives and the like. just sayin'...

so, i will never condone violence but i understand its roots. for mr. wong to feel so marginalized by americans-- as an american citizen-- that he took up arms and killed innocent folks who had done nothing to him- it is only surprising to me that it took him that long. when you have the police chief of binghamton calling him names like 'coward' and the like in a news briefing- well, to me that's ignorant. it took enormous courage to come here from his birthplace to start life over as an adult. it took enormous courage to endure humiliation and embarrassment on both coasts in his place of employment and in every day life. it took enormous courage to make the final decision to end his own life. where he fell short, was when he decided to take out the wrong people. in my opinion, it's the people like mr. zikuski who are part of the problem.

'Police chief: Suspect a 'coward' During a press conference, Zikuski dismissively labeled Wong "a coward" who wore body armor during his shooting spree but killed himself when he heard sirens wailing outside.'

the cowboy mentality- white versus black, right versus wrong- well, that hasn't served us very well. our way of dealing with differences is to fear them- well, as long as we live that way- columbine, virginia tech, binghamton, pittsburgh, etc., will continue to happen. what american fail to understand- people are people no matter their race, color or gender. the white is right mentality only serves to alienate people and make us targets. it's that simple. all human beings on this planet are the same on the inside- we laugh, love, hate, cry, become angry, get lonely- and not speaking the same language on the outside is the only thing that sets us apart. until folks realize that- there can be no peace.