The Commentariat -- March 5, 2015
Internal links & defunct video removed.
Links to reports & commentary on the Supreme Court hearing in the King v. Burwell case are in the previous post.
American "Justice," Ctd. Adam Lerner of Politico: "Attorney General Eric Holder said Wednesday that the Justice Department's investigation provided a 'searing' account of unconstitutional police practices in Ferguson, Missouri and that 'all options are on the table' in pursuit of reform."
Matt Apuzzo & John Eligon of the New York Times: "The Justice Department on Wednesday called on Ferguson, Mo., to overhaul its criminal justice system, declaring that the city had engaged in so many constitutional violations that they could be corrected only by abandoning its entire approach to policing, retraining its employees and establishing new oversight. In one example after another, the report described a city that used its police and courts as moneymaking ventures, a place where officers stopped and handcuffed people without probable cause, hurled racial slurs, used stun guns without provocation, and treated anyone as suspicious merely for questioning police tactics." ...
... Evan Perez of CNN: "A Justice Department civil rights investigation has concluded that the Ferguson Police Department and the city's municipal court engaged in a 'pattern and practice' of discrimination against African-Americans, targeting them disproportionately for traffic stops, use of force, and jail sentences." ...
... The Guardian has more details. The New York Times has an annotated rundown of key findings of the report. The Washington Post has a graphic summary of the report's statistical findings. The full report is here. ...
... Eliana Dockterman of Time: "Ferguson Mayor James Knowles said Wednesday that one police official had been fired and two others were on administrative leave over racist emails that were cited in the Justice Department's scathing new report on the city's police department." ...
... More key findings from Anna Brand & Amanda Sakuma of NBC News. ...
... CW: Justice Is Color-Blind. The findings are appalling. What with the big case argued before the Supremes yesterday, it's a good day to remember that the Chief Justice of the Supreme Court of the United States doesn't think horrendous racial discrimination of the type seen in Ferguson -- and most definitely elsewhere in this great nation of ours -- are important, or maybe even possible: "The way to stop discrimination on the basis of race is to stop discriminating on the basis of race," John Roberts wrote in a 2007 decision. Because racism is so over that we can just faggedaboudit. (You might want to read the linked column, by Dahlia Lithwick, because Justice Sotomayor's response was so apt & so cutting that it hurt the Chief's widdle feewings.) ...
... "Pigment Tax." Charles Blow: "The report contained charges that the Police Department and the municipal courts treated citizens less like constituents and more like a revenue stream, violating citizens' constitutional rights in the process.... The report read like one about a shakedown gang rather than about city officials.... Once again, the oppression people feel as part of their lived experiences, and can share only by way of anecdote, is bolstered by data." ...
... ** Jamelle Bouie goes after "the real criminals." And he's right.
Matt Apuzzo & Erik Eckholm of the New York Times: "Offering the most definitive account yet of the shooting of an unarmed black teenager that stirred racially charged protests across the country, the Justice Department has cleared a Ferguson, Mo., police officer of civil rights violations in the death last August of Michael Brown. The decision, announced on Wednesday, ends a lengthy investigation into the shooting last August...."
Tim Devaney of the Hill: "Congressional Republicans opened a new front Wednesday in their fight against Obama administration regulations, with the Senate voting to strike down a contentious rule meant to speed up union elections."
Gail Collins: "... this appears to be the path to the future: Senate Democrats will block anything they don't like, forcing the Senate majority leader, Mitch McConnell, to compromise. In the House, the Labradorians won't vote for any Senate compromises, so Boehner will need the Democrats to pass any legislation that could actually make it into law." CW: ... interrupted by confederate histrionics leading to multiple threats of government shutdowns followed by Boehner caving each time to some measure of minimal governance.
Nick Gass of Politico: Edward "'Snowden is ready to return to the States, but on the condition that he is given a guarantee of a legal and impartial trial,' his Russian lawyer, Anatoly Kucherena, said at a news conference Tuesday, as quoted by Russian state media outlet TASS.... Jesselyn Radack, one of Snowden's American legal advisers, says Kucherena's statement echoes what they've been saying all along. Were Snowden to return, he would face charges under the World War I-era Espionage Act.... Snowden would be amenable to coming back to the United States for the kind of plea bargain that Gen. [David] Petraeus received,' Radack said, reacting to news that the former general admitted to providing classified information to his mistress while he led the Central Intelligence Agency." ...
... CW: Ha! Sorry, Ed. You have to be a top-level spy who gets caught sending reams of classified material to his girlfriend, or maybe one with top-secret original documents stuffed in his pockets, then lies to investigators about it, to get a deal like Petraeus's.
Presidential Race
Michael Mathes of the AFP: "Hillary Clinton, facing criticism over her exclusive use of a private email account while US secretary of state, has called for her emails to be made public after Republicans subpoenaed the documents. 'I want the public to see my email. I asked State to release them. They (the State Department) said they will review them for release as soon as possible,' Clinton said in a tweet late Wednesday night." ...
... BenghaaaziMail! Carol Leonnig of the Washington Post: "The House Select Committee on Benghazi, which first discovered [Hillary] Clinton's use of a personal e-mail based on a home server in its inquiry into a fatal 2012 terrorist attack on a U.S. diplomatic compound in Benghazi, Libya, is asking for all e-mails related to the attack from all Clintonemail.com accounts and any other staff members' personal accounts." ...
... Homebrew. Jack Gillum & Ted Bridis of the AP: "The development on Capitol Hill came the same day AP reported the existence of a personal email server traced back to the Chappaqua, New York, home of Clinton. The unusual practice of a Cabinet-level official running her own email server would have given Clinton -- who is expected to run for president in the 2016 campaign — significant control over limiting access to her message archives. The practice also would complicate the State Department's legal responsibilities in finding and turning over official emails in response to any investigations, lawsuits or public records requests.... Homemade email servers are generally not as reliable, secure from hackers or protected from fires or floods as those in commercial data centers." On the other hand, "in 2006 and 2014 that the [State Department's e-mail system] ... suffered significant electronic break-ins." ...
... Michael Riley, et al., of Bloomberg Business: "Although Clinton worked hard to secure the private system, her consultants appear to have set it up with a misconfigured encryption system, something that left it vulnerable to hacking, said Alex McGeorge, head of threat intelligence at Immunity Inc., a Miami Beach-based digital security firm." ...
... Josh Gerstein of Politico: "The mystery man linked to Hillary Clinton's personal e-mail account appears to be a Washington, D.C. stockbroker and former aide to the Clintons who played a walk-on role in controversies that dogged the former first family soon after it left the White House in 2001." ...
... The Word from Anonymous: Nedra Pickler & Josh Lederman of the AP: "The White House counsel's office was not aware when Hillary Rodham Clinton was secretary of state that she relied solely on a private email account.... A person familiar with the matter ... says Clinton's exclusive use of personal email was inconsistent with guidance given to agencies that official business should be conducted on official email accounts. The person says the counsel's office only became aware when some of her messages were turned over to congressional investigators looking into the Benghazi attack. The person said the White House counsel's office then asked the State Department to ensure that her email records were properly archived." ...
... Frank Rich: "... the more important question is why the Clintons, who more than anyone in American politics understand the high risks of perceived improprieties, have left Hillary's campaign so vulnerable even before it is officially out of the gate.... What is the Democrats' Plan B if their presumed presidential candidate falls by the wayside? Answer: None.... The Democrats ridicule the GOP field at their own peril; they have no field at all." ...
"... She's Going to Die by a 1,000 Cuts." Philip Rucker of the Washington Post: "One of Vice President Biden's most prominent supporters said Wednesday that twin controversies swirling around Hillary Rodham Clinton should give Democrats serious pause about anointing her as the party's presidential nominee." ...
... John Cole of Balloon Juice: "Even if she did nothing illegal, the sheer stupidity of this blows my mind. I mean, she just had to know this would be an issue. And if she didn't, is she just that insulated from reality by her shield of aides and see-no-evil supporters?" ...
... Oh, the Irony. Annie Lowrey of New York: "You loathe the idea of your personal correspondence getting out to a press you consider pathological, so you jury-rig a private email account and end up in the midst of a massive media cluster[fuck] anyway."
... Brendan Nyhan in the New York Times: "... the conversation quickly veered from matters of policy into ominous speculation about the political consequences for Mrs. Clinton, the Democratic Party presidential front-runner, including hyperbolic suggestions that the emails could 'shake up the 2016 race,' cause irreparable damage to her, cause her to lose the general election, or even help force her out of the race. The actual public response to the controversy is likely to be a combination of apathy and partisanship. Few Americans are paying attention to any aspect of the campaign at this point." ...
... Andy Borowitz: "A new poll indicates that the American people are deeply disappointed in Hillary Clinton's State Department e-mail flap because it does not live up to the high standards of sordidness set by Clinton scandals of the past." ...
... The E-Mail Daemon. Katie Glueck of Politico: "If it seems like the GOP presidential field has been unusually silent this week as scrutiny mounts over Hillary Clinton's email practices, there's a logical explanation: Many of them are tormented by their own email demons."
Famous Doctor Explains the Gay. David Edwards of the Raw Story: "Possible Republican presidential candidate Ben Carson on Wednesday asserted that homosexuality was a choice because people who went to prison 'come out gay.'" Includes video. ...
... Ed Kilgore: "Gee, aren't you glad we have a presidential candidate with some serious scientific training?" Also, liberal/gay (same thing) Nazis.
... Luke Brinker of Salon: "Neurosurgeon-turned-GOP presidential hopeful offers further evidence that an MD doesn't guard against stupidity." Also, too: "The renowned neurosurgeon's latest remarks are the latest to put him at odds with the scientific consensus. A creationist, Carson suggested on 'Meet the Press' this Sunday that scientific notions like evolution may be 'just propaganda." ...
... The "Choice of Words" Non-Apology Apology. Eric Bradner & Alexandra Jaffe of CNN: "Retired neurosurgeon Ben Carson apologized for commenting Wednesday that prisoners' changes after they leave jail proves being gay is a choice, but said that the science is still murky on the issue. In a statement, Carson said he 'realized that my choice of language does not reflect fully my heart on gay issues.'" ...
... Steve M.: "When the story went viral, he did the right thing, as far as the voters he's targeting are concerned: He blamed the media and said he was quoted out of context." ...
... Andrew Kirell of Mediaite: "... during a radio discussion this afternoon with Sean Hannity, Carson blamed the ordeal on CNN. 'It was a 25 minute interview they chopped, and you see what part they emphasized,' he said. 'I did learn something very important: For certain networks, never do a pre-taped interview. Always do it live.' The problem with his attempt to play victim here is that, during that sequence of the CNN interview, there were clearly no jump-cuts and no edits -- just a straight back-and-forth about whether homosexuality is a choice. Playing this off with a 'gotcha media vs. poor ol' Ben Carson' spin isn't exactly going to cut it. Sometimes your words are just your words."
The Image of Corruption in the New Gilded Age. Illustration by Donkey Hotey.Quid Pro Quo. Bradley Camptell in a New York Times op-ed: After Exxon gave the Republican Governors Association, which Chris Christie headed, Christie's personal lawyer 'inserted himself" into New Jersey's decade-old environmental disaster case against Exxon. The lawyer, Christopher Porrino, "elbowed aside the attorney general and career employees who had developed and prosecuted the litigation, and cut the deal" settling the case for pennies on the dollar. CW: Great pro on the quid, Exxon! ...
... Dustin Racioppi of the Bergen County, New Jersey, Record: “State lawmakers are trying to block a reported pennies-on-the-dollar settlement with Exxon Mobil and get answers as to why Governor Christie's administration reached that deal after a decade of litigation. Days after the news of that settlement -- a reported $250 million to end an $8.9 billion claim against the oil company for widespread contamination across Bayonne and Linden -- legislators said they still don't know why the state would strike a deal for a fraction of the estimated cost of damages, especially after the oil giant was found liable."
Senate Race
Kyle Cheney of Politico: "Maryland Rep. Chris Van Hollen on Wednesday became the first formal Democratic entrant in the race to succeed retiring Sen. Barbara Mikulski."
News Ledes
New York Times: "Cardinal Edward M. Egan, a stern defender of Roman Catholic orthodoxy who presided over the Archdiocese of New York for nine years in an era of troubled finances, changing demographics and a priesthood of dwindling, aging ranks shaken by sexual-abuse scandals, died on Thursday in Manhattan. He was 82."
NBC News: "The Supreme Court has set April 28 as the date for historic arguments on gay marriage."
AP: "On the first day of testimony Wednesday in the trial of Dzhokhar Tsarnaev, whose lawyer admitted he committed the crime, three women who suffered severe injuries described their memories of the blasts, their wounds and the terror they felt."
NBC News: "'We are very close [to reaching a nuclear agreement] if the political decision can be made to get to yes, as President Obama said,' [Iran's foreign minister Mohammad Javad Zarif] said. The minister spoke a day after Israeli Prime Minister Benjamin Netanyahu appeared before the U.S. Congress, warning against a deal, which he said 'paves Iran's path to the bomb.'"
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Reader Comments (8)
I recommend Jed Lund’s account of the current Hillary scandal. God, I miss Vince Foster and rafting in the White Water!
Sorry. I have trouble typing Jeb.
I have viewed a few of the MSNBC shows today and have been dismayed at how badly Hilary Clinton is coming off on a network which is, to say the least, sympathetic to Democrats. Some very capable folks questioned everything about the emails, from the security of the Clinton server, to whether Clinton is withholding emails. The two surrogates I saw, Jennifer Grantholm and an Emily's List spokeswoman came of as purely partisan and without any useful information to contribute.
I have felt for a long time, and believe even more strongly now, that Democrats need an alternative candidate. We can't be left vulnerable if the Clinton campaign implodes, even if we support her. We need a spare for the heir!
I read the Dahlia Lithwick (linked within C.W's "Justice is blind) and rejoiced in Sotomayor's dissent which prompted Roberts to defend and scold. Wonder what he thinks about the Ferguson findings––would that induce him to rethink his puny thinking about race, about discrimination? My god, we knew Ferguson was bad, but this report reads like parts of David Simon's "The Wire" –––the corruption––filling their coffers on the backs of blacks. And yet some will still defend the police (as they did on Fox last night) and blame those angry black citizens for "acting up"––showing over and over the looting of stores during the riots. It's so disheartening when you realize how very wrong someone like Roberts can be and so infuriating when you realize how virulent discrimination is in this country––like a stubborn burr that won't let go
And linked in Lithwick's piece is a Jon Stewart gem––starts out with the right's critique over Hillary's very wee weepies during her run for president––cuz, ya know, broads are SO emotional and then gives us delightful shots of all those unemotional men displaying full fledged emotion. It made my day.
Re: Hill O' Beans; She's got one shot. Release every E-mail she received and sent. I can't believe a person at her level would ever write anything sensitive in a over the air delivery. Ever. Hells Bells they teach pre teenage girls that.
Ms. Clinton's choice to use, for official business, her personal e-mail, is unremarkable. Everybody working in or for the government does that to some degree.
It is interesting that she installed a private server at her house, to store her messages. But such a storage choice affords her less security (e.g. from hackers) and protection from disclosure (e.g. from subpoenas) than she would have had on government servers or even on a commercial ISP. I assume someone told her that such a server protected her privacy -- but that would have been bad advice.
And it is hard to believe that she used ONLY her personal e-mail, and did not have a State Department e-mail account. Here is why:
-- virtually every State Department employee who has a security clearance has at least two e-mail accounts: (1) is an account on @state.gov, which is an unclassified system; (2) is an account on @state.sgov.gov, which is an e-mail system for sending classified information at or below "SECRET"
-- you can send and exchange e-mails with anyone who has a @state.gov account -- from the sender's perspective, it is like any e-mail address
-- you cannot send and exchange e-mails to someone on the @state.sgov.gov classified system, unless you are also on a US government classified system.
-- for a variety of reasons, almost all of the e-mail correspondence with and among members of the Secretary's office takes place on the classified system (@sgov.gov). This seems to be the case in all of the agencies which routinely deal in classified information (e.g. DOD, State, White House NSC). Even for correspondence that is not classified, the Secretary's staff and State Department senior leadership will routinely use the classified system for correspondence among government entities.
-- Once a cabinet Secretary's unclassified e-mail address is known to the public, his/her inbox explodes with correspondence. A rockstar and hate-target like HRC could not possibly deal with the volume of traffic that would come to her address, and would have to assign staff to sort the BS from the real correspondence, very labor intensive.
-- at the same time, HRC's correspondence needs on the classified system would carry everything that she and her staff considered "official." And all that stuff is automatically archived, whether it is classified or not.
So, where she went wrong is not in what she did (unless she typed in classified material in her private e-mails), but in not publicizing earlier that she was not going to use an unclassified official account that was available to the general public.
@Patrick: Since Hillary is urging the State Department to release all her e-mails, we can only assume they consist mainly of 50,000 thank-you notes, lovely-to-meet-you niceties & perhaps unremarkable correspondence with aides, friends & acquaintances. There will be no smoking guns. Return e-mails will run to, "Madame Secretary, you're the greatest!"
This whole "scandal" could turn out to make Hillary look pretty good. If she said anything as awful as we say here every day on the Commentariat, I'll be surprised.
Thanks very much for your input on how the government system usually works.
Marie
My friend Digby on the Hillary Email Extravaganza.