The Commentariat -- August 21, 2014

Internal links, defunct video removed.

NEW. Carol Leonnig, et al., of the Washington Post: "The police officer who fatally shot Michael Brown suffered a fracture to his eye socket in a scuffle with the unarmed teenager before opening fire, a family friend said Thursday. Hospital x-rays of the injury have been submitted to the St. Louis County prosecuting attorney and will be shared with a grand jury now weighing evidence to determine whether Officer Darren Wilson should be charged in the shooting." CW: This is essentially the same information in the Fox "News" story, linked below.

Lara Jakes & Ryan Lucas of the AP: "The United States launched a new barrage of airstrikes Wednesday against the Islamic State extremist group that beheaded American journalist James Foley and that has seized a swath of territory across Iraq and Syria. President Barack Obama vowed relentless pursuit of the terrorists.... Looking forward, the State Department refused to rule out future U.S. military operations in Syria, where Obama has long resisted intervening in a three-year civil war." ...

... Adam Goldman & Karen DeYoung of the Washington Post: "U.S. Special Operations forces staged an unsuccessful operation this summer to rescue photojournalist James Foley and other Americans being held in Syria by Islamic State militants, according to senior Obama administration officials. The attempt, in which at least one U.S. serviceman was injured, came after at least six Western hostages freed by the militants had been debriefed by U.S. intelligence.... 'Unfortunately,' [one] official said, 'it was not ultimately successful because the hostages were not present ... at the site of the operation.'" ...

... The New York Times story, by Michael Shear, is here. ...

... Rukmini Callimachi of the New York Times: "Before pulling out the knife used to decapitate him, [Jim Foley's] masked executioner explained that he was killing the 40-year-old American journalist in retaliation for the recent United States' airstrikes against the terror group in Iraq. In fact, until recently, ISIS had a very different list of demands for Mr. Foley: The group pressed the United States to provide a multimillion-dollar ransom for his release, according to a representative of his family and a former hostage held alongside him. The United States -- unlike several European countries that have funneled millions to the terror group to spare the lives of their citizens -- refused to pay." ...

... Uri Friedman of the Atlantic: "Foley died while working in what is now the most dangerous place in the world to be a reporter -- a country where dozens of journalists have been killed and kidnapped in recent years." ...

... Jon Anderson of the New Yorker: "Yesterday's guerrillas have given way to terrorists, and now terrorists have given way to this new band, who are something like serial killers.... Freed and encouraged to kill and to horrify, it seems, many people will do so, even people raised in Western democracies.... There is no longer any doubt that the Internet, with its power of contagion and usefulness for recruiting, has become a preferred, particular tool of terrorists." ...

... ** Secretary of State John Kerry on the murder of James Foley.

Laura Wildes-Munoz & Josh Lederman of the AP: "President Barack Obama is considering key changes in the nation's immigration system requested by tech, industry and powerful interest groups, in a move that could blunt Republicans' election-year criticism of the president's go-it-alone approach to immigration. Administration officials and advocates said the steps would go beyond the expected relief from deportations for some immigrants in the U.S. illegally that Obama signaled he'd adopt after immigration efforts in Congress collapsed. Following a bevy of recent White House meetings, top officials have compiled specific recommendations from business groups and other advocates whose support could undercut GOP claims that Obama is exceeding his authority to help people who have already violated immigration laws."

Alan Rappeport of the New York Times: "The Supreme Court on Wednesday issued a last-minute order putting a hold on same-sex marriages in Virginia less than a day before officials there were to begin providing marriage licenses to gay couples. The move comes a month after the federal appeals court that struck down the state's ban on same-sex marriage refused to delay the effects of its ruling. Legal experts have predicted that the Supreme Court will take up the issue of same-sex marriage in its next term, which begins in October."

"By Any Means Necessary." Linda Greenhouse writes a very readable column on the politics & tactics of the right wing's current challenge to the Affordable Care Act.

Russell Berman of the Atlantic: "The only thing that would make congressional Democrats happier than a Republican attempt to impeach President Obama is if Republicans force another government shutdown. So when Sen. Mitch McConnell (R-Ky.) raised the specter of a government shutdown fight [also linked in yesterday's Commentariat] if Republicans retake the Senate in November, Democrats rejoiced. And by rejoiced, we mean they feigned outrage."

Jonathan Chait: Paul Ryan is still the unapologetic, ideological supply-sider he was a teenager & believes cutting taxes "across the board" (i.e., for the rich) is the "secret sauce" that spices up economic growth. CW: This might be just an anecdote of stupid, but GOP leaders have tapped the functionally innumerate Ryan to head the House Ways & Means Committee, the House's chief tax-writing committee.

Beyond the Beltway

St. Louis Post-Dispatch: "Six arrests were made by officers patrolling the streets of Ferguson late Wednesday and early today, Missouri Highway Patrol Capt. Ronald S. Johnson said. Speaking at a brief press conference at 1:30 a.m., he said the protests now in their 11 night were fairly calm although an officer was hit by a bottle at one point. He said the officer was uninjured." ...

... The Washington Post story is here. ...

... St. Louis Post-Dispatch at 6:20 pm ET Wednesday: "U.S. Attorney General Eric Holder is meeting with the parents of Michael Brown downtown at the federal courthouse in St. Louis. Afterward he will meet with elected officials, including Gov. Nixon, U.S. Sens. Claire McCaskill, D-Mo., and Roy Blunt, R-Mo., and U.S. Reps. William Lacy Clay, D-St. Louis, and Emanuel Cleaver, D-Kansas City. All the meetings are closed to the press." ...

... Alan Zagier of the AP: "Attorney General Eric Holder sought Wednesday to reassure the people of Ferguson about the investigation into Michael Brown's death and said he understands why many black Americans do not trust police, recalling how he was repeatedly stopped by officers who seemed to target him because of his race. Holder made the remarks during a visit to [Ferguson, Missouri]." ...

... Hollie McKay of Fox "News": "Darren Wilson, the Ferguson, Mo., police officer whose fatal shooting of Michael Brown touched off more than a week of demonstrations, suffered severe facial injuries, including an orbital (eye socket) fracture, and was nearly beaten unconscious by Brown moments before firing his gun, a source close to the department's top brass told FoxNews.com." CW: At least one part of this report is definitely incorrect (unless all other media reports are wrong): "Wilson is a six-year veteran of the Ferguson police force department...." Actually, he has been with the Ferguson PD for about four years. ....

... Mark Berman of the Washington Post: "A police officer who pointed an assault rifle at people in Ferguson on Tuesday night and threatened to kill them has been relieved of duty and suspended indefinitely, authorities said. The officer, who was not identified, has been removed from the field after he pointed his semiautomatic weapon at a peaceful protester, according to Brian Schellman, a spokesman for the St. Louis County Police Department. A video documenting the encounter ... made the rounds Wednesday.... A county police sergeant forced the officer, who works for the Saint Ann police, to lower his weapon and leave the area, Schellman said."

... A commenter on the site The Concourse, which published the video above, wrote, "The cop was later asked to write an essay on exemplary policing for the Washington Post." See WashPo op-ed by LAPD officer Dutta, linked in yesterday's Commentariat, for context. ...

... Jason Sickles of Yahoo! News: "The Ferguson, Missouri, police officer facing possible charges for recently killing an unarmed young man was commended earlier this year for wrestling and restraining another suspect. Officer Darren Wilson received the commendation for his 'extraordinary effort in the line of duty' at a Feb. 11 City Council meeting. New video turned over by the city under Missouri's open records law shows Wilson being presented his award and shaking hands with Police Chief Thomas Jackson." With video of the commendation ceremony. CW: I'd like to see video of the "wrestling & restraining" incident. ...

... ** CW: If you have the stomach for it, I suggest you watch this home video of the St. Louis police killing of Kajieme Powell, which occurred Tuesday. The video is an unintended masterpiece of slice-of-life (& death) videography. The unidentified videographer is walking down the street when he sees Powell acting strangely on the sidewalk in front of a convenience store. The videographer finds Powell's erratic behavior amusing & continues recording for that reason. I'll let the videographer's commentary take it from there. Via Jim Fallows.

Mayor Angela Pearson, City of Popular Bluff, Missouri, Official Website: "Dear Friends..., As you learn more about Poplar Bluff you'll see it is a great place to live and raise a family, with a population of nearly 17,000 friendly residents. Poplar Bluff is the county seat and is centered in the middle of beautiful Butler County. Poplar Bluff is the gateway to the Ozarks nestled in southeast Missouri, in between St. Louis and Memphis." ...

... CW: Aw, doesn't Poplar Bluff sound like the quintessential sweet, All-American town? I'll bet they have a swell city council, just as Mayor Pearson says: "... the City government works hard to meet the needs of this growth and encourages growth for the future. Working together we will meet the challenges the future holds...." Video via the Raw Story:

Jonathan Weisman of the New York Times: "In a moment that sent electric currents through a crowded courtroom, Robert F. McDonnell, the former Virginia governor and once rising Republican star, was called to the witness stand Wednesday afternoon, testifying that he did next to nothing for the businessman who showered his family with cash and gifts. The appearance, three days into his legal defense, came sooner than expected. But Mr. McDonnell, once considered a contender for his party's presidential nomination, was as smooth as ever as he began the political sales job of his life.... And almost immediately, a politician who always campaigned as a devoted family man and conservative Catholic turned the spotlight on his embattled wife, Maureen." ...

... Bob McDonnell is still testifying about what a fine fellow he is & what a difficult bitch he married. He moved out of the home he shared with the Difficult Bitch & the kids about a week before their corruption trial began. Now the choir boy is living with his priest. As the Washington Post reports, "'I knew there was no way I could go home after a day in court and have to rehash the day's events with my wife,' he testified."

... Rosalind Helderman, et al., of the Washington Post: "Former Virginia governor Robert F. McDonnell, taking the stand in his own defense Wednesday against federal corruption charges, said his wife, Maureen, seemed uneasy about their new life from his very first day as governor-elect."

Senate Races

Sen. Mark Pryor (D), who is in a tight race to keep his seat in red-state Arkansas, cuts a terrific ad for ObamaCare -- with his father, former Sen. David Pryor -- without ever mentioning the ACA or "ObamaCare." Via Greg Sargent:

Gail Collins on Montana Democratic U.S. Senate "super-long-shot" candidate Amanda Curtis.

Gubernatorial Race

Jim Fallows of the Atlantic on the three-way race for governor of Maine. Fallows endorses independent Eliot Cutler, who is a personal friend. Maine Sen. Angus King (I) endorsed Cutler, too. CW: In case you have forgotten, the thuggish goonie Paul LePage (RTP) is the current governor; he is one of the three candidates, along with Democrat Mike Michaud.

Presidential Race

Excuse me, shut up! -- Sen. Bernie Sanders (I-Vt.) to hecklers at a town-hall meeting in Vermont

News Ledes

New York Times: "Some 10,000 mourners on Thursday buried three senior commanders of the armed wing of Hamas who were killed in predawn airstrikes by Israel, the most significant blow to the group's leadership since Israel's operation in Gaza began more than six weeks ago."

ABC News: "An American doctor who contracted Ebola will be released today from Emory University Hospital in Atlanta, with details expected on the release of a second patient who also contracted the disease.... The virus has killed at least 1,229 and sickened 1,011 more, according to numbers released Tuesday by the World Health Organization. Guinea, Sierra Leone and Liberia have the most cases."

The Commentariat -- August 20, 2014

Defunct video & related text removed.

NEW. Greg Miller, et al., of the Washington Post: In public remarks, "President Obama denounced the killing of American journalist James Foley and pledged that the U.S. will 'do what's necessary to see that justice is done.'" ...

... NEW. Peter Baker of the New York Times: "American intelligence agencies on Wednesday verified the authenticity of a video showing the beheading of an American journalist by the Islamic State in Iraq and Syria amid angry outrage in the United States and Europe. President Obama was planning to make a statement from Martha's Vineyard at 12:45 p.m. to address the issue. The video posted by ISIS shows a masked man decapitating James Foley, an American journalist who was kidnapped in Syria nearly two years ago. It also shows another American captive, the journalist Steven Sotloff, and warns that he would be the next to die."

NEW. The Washington Post is liveblogging the McDonnell corruption trial. Here's one entry: "In February 2012, then-Gov. Robert F. McDonnell discussed with management consultants the possibility of his own wife moving out of the Executive Mansion as a possible solution to tension the first lady had with her staff, one of the consultants testified Wednesday." CW: This is the second day of Bob McDonnell's "defense," which so far has consisted of bringing forward witnesses to trash Maureen McDonnell. It's really unseemly. But I suppose one should not be surprised that Transvaginal Bob shows no respect for his own wife when he has no respect for other women.

Manu Raju of Politico: "Mitch McConnell has a game plan to confront President Barack Obama with a stark choice next year: Accept bills reining in the administration's policies or veto them and risk a government shutdown. In an extensive interview here, the typically reserved McConnell laid out his clearest thinking yet of how he would lead the Senate if Republicans gain control of the chamber. The emerging strategy: Attach riders to spending bills that would limit Obama policies on everything from the environment to health care, consider using an arcane budget tactic to circumvent Democratic filibusters and force the president to 'move to the center' if he wants to get any new legislation through Congress. In short, it's a recipe for a confrontational end to the Obama presidency."

CW: You knew there were lots of catches to Paul Ryan's newfound interest in "helping" the poor. Here's a big one. Benjamin Goad of the Hill: "Paul Ryan is moving to reframe the debate on regulations, arguing that the nation's poor are the real victims of the red tape spewing from Washington.... 'The regulatory component trades on the fallacy that deregulation creates job growth and can alleviate poverty,' said Amit Narang, a regulatory policy advocate for Public Citizen. 'The empirical evidence simply doesn't back this up, and the 2008 financial crash is a strong reminder that deregulation can be disastrous for our economy.' ... 'It's really a wolf in sheep's clothing,' said Ron White, director of regulatory policy at the Center for Effective Government.” No kidding. ...

... Don't give up. Ryan has more excellent ideas. See below.

Maureen Dowd devotes her 800 words to dissing President Obama. Again. Her column seems to be based on this: "The Constitution was premised on a system full of factions and polarization." ...

     ... CW: But Dowd is wrong. The Founders didn't even envision political parties. They didn't envision anyone's voting except themselves & their fancy friends. (They were so convinced the government would be so full of righteous men of good will, they didn't even mention the rights of the governed till they discovered the damned thing would not be ratified unless they tacked those rights on as an afterthought.) Like future Senator/President Obama, the Founders did not see "red states & blue states." What they did see, of course, were slave states & free states, which more than two centuries later turned out to be pretty much the same thing as red states & blue states. Still, just like the newly-minted President Obama, the Founders -- who actually had experience reaching compromise -- believed the governing gentlemen would work out their differences. They did not envision Mitch McConnell & Ted Cruz.

Beyond the Beltway

Frances Robles & Michael Schmidt of the New York Times: "As a county grand jury prepared to hear evidence on Wednesday in the shooting death of a black teenager by a white police officer that touched off 10 days of unrest here, witnesses have given investigators sharply conflicting accounts of the killing." CW: Robles & Schmidt have done some serious reporting here; this is a good first pass at trying to reconstruct what actually happened in the confrontation between Brown & Darren Wilson. ...

... Nigel Duara of the AP: "Police and protesters in Ferguson were finally able to share the streets again at night, putting aside for at least a few hours some of the hostility that had filled those hours with tear gas and smoke. The St. Louis suburb still had plenty of lively protest Tuesday over the fatal police shooting of Michael Brown. And tensions rose briefly when someone hurled a bottle at officers. But the overall scene was more subdued than the past five nights, with smaller crowds, fewer confrontations and no tear gas." ...

... St. Louis Post-Dispatch: "Missouri Highway Patrol Captain Ron Johnson said 47 people were arrested and three loaded handguns were seized during the protests Tuesday night and early today. In a news conference that began at about 2:15 this morning, Johnson said officers interrupted criminal activities and prevented violence." ...

... CW: Missouri has an open-carry law (with municipalities being able to pass some restrictions), so it's unclear to me if the people carrying loaded handguns were violating the law. If you're going to write open-carry laws, expect people to be carrying. As for interrupting criminal activities, I expect that's true; at the same time, the authorities apparently criminalized the most benign of activities, including non-activity: Carol Leonnig, et al., of the Washington Post: "... only some officers seemed to be enforcing a rule that protesters could walk, but not stand still or congregate. 'I saw the police arrest a lady because she had stopped walking,' said Bryan Maynard, 35, who had come to see the protests.... 'It's more than heavy-handed.'" If Maynard is correct, one of those 47 was a woman detained for standing still. ...

... Attorney General Eric Holder in a St. Louis Post-Dispatch op-ed: "At a time when so much may seem uncertain, the people of Ferguson can have confidence that the Justice Department intends to learn -- in a fair and thorough manner -- exactly what happened." ...

Kevin McDermott of the St. Louis Post-Dispatch: "Evidence in the shooting of Michael Brown by a Ferguson police officer will be presented to a grand jury beginning Wednesday. 'We are going to attempt to start giving evidence to the grand jury (Wednesday), depending upon the ability to get the witnesses in and the witnesses showing up,' said Ed Magee, spokesman for St. Louis County Prosecutor Robert McCulloch. 'It will be handled by the attorney regularly assigned to the grand jury. It will not be by Mr. McCulloch.' The standing St. Louis County Circuit Court grand jury, not a special assembly, will hear the evidence." ...

... WJLA-TV-St. Louis: "Capt. Ron Johnson of the Missouri Highway Patrol ... said bottles and Molotov cocktails were thrown from the crowd and that some officers had come under heavy gunfire [Monday night & Tuesday morning]. At least two people were shot and 78 were arrested, he said. He did not have condition updates on those who were shot. Johnson said four officers were injured by rocks or bottles. According to arrest records obtained by ABC News, only four of the 78 arrested are from Ferguson while 18 people arrested are from locations across the country...." ...

** Read this account by Ryan Devereaux of the Intercept. Police arrested Devereaux in Ferguson early Tuesday morning & held him overnight in jail. ...

... Chris McGreal of the Guardian: "Racial tensions in Missouri were stoked again on Tuesday when police killed another African American man as authorities struggled to quell the nightly confrontations over the shooting of an unarmed teenager, Michael Brown, in Ferguson last week. Angry residents of a black neighbourhood in St Louis, not far from Ferguson, accused the police of excessive force after two officers fired several bullets into a 23-year-old man described as carrying a knife and behaving erratically. The man has not yet been named but he was well known in the area and was said to have learning difficulties." ...

... The St. Louis Post-Dispatch account, by Joe Holleman & Lisa Brown, is here. ...

... Emma Roller of the National Journal: "... since he was shot to death on Aug. 9, Brown has been the subject of character assassination by the police and by the media." ...

...John Oliver comments on events in Ferguson, on the militarization of U.S. police force & on racism in the U.S. Thanks to James S. for the link:

The real looting is legal looting. People don't have their fair share of police jobs, fire jobs, accounting work, legal work. That's looting. The looting by night -- should not take place, but neither should the accepted level of legal looting. And that must stop. -- The Rev. Jesse Jackson

... ** Jeannette Cooperman of Al Jazeera on the history of apartheid policies in the St. Louis area: "In reaction, St. Louis 'has spent enormous sums of public money to spatially reinforce human segregation patterns,' [Michael] Allen[, director of the Preservation Research Office,] said. 'We tore out the core of the city around downtown, just north and south and west, and fortified downtown as an island, by removing so-called slum neighborhoods. Then we demolished vacant housing in the Ville [where rocker Chuck Berry and opera singer Grace Bumbry grew up] and other historic black neighborhoods. These were not accidents. These were inflicted wounds.' 'Black communities in urban areas don't have Whole Foods. They don't have Starbucks. They don't have work,' said Gerald Early, director of African-American studies at Washington University. 'And that goes back to legalized segregation. They were basically set up to not be able to compete with white communities, to remind people every day that they were inferior to whites.'" ...

     ... CW: This is precisely why Republicans keep making fun of Michelle Obama & her efforts to improve nutritional standards & habits; one of her initiatives is to eliminate "food deserts." These opinionators want "to remind people every day that they [are] inferior to whites." And you can bet these asswipes believe in their hearts they're not racists. Some probably even have a black friend. ...

... Tom Edsall of the New York Times compares & contrasts socioeconomic & political developments surrounding the Watts riots of 1965 & the Ferguson protests. "The urban riots of the second half of the 1960s prompted Washington to pump out money, legislation, judicial decisions and regulatory change to outlaw de jure discrimination, to bring African-Americans to the ballot box, to create jobs and to vastly expand the scope of anti-poverty programs. Civil unrest also drew attention to the necessity of addressing police brutality. Today, however, political and policy-making stasis driven by gridlock -- despite a momentary concordance between left and right on this particular shooting -- insures that we will undertake no comparable initiatives to reverse or even stem the trends that have put black Americans at an increasing disadvantage in relation to whites."...

... Radley Balko of the Washington Post: "There's no question that, had the Ferguson, Mo., Police Department mandated that its officers wear body cameras, use dashboard cameras or both, there would be far fewer mysteries about the events leading up to the shooting of Michael Brown. The department apparently had these cameras; it just hadn't gotten around to using them. But simply mandating that the cameras be used isn't enough." Oftentimes the police refuse to release videotapes of controversial confrontations; many times the cops accidentally forget to turn on their cameras or, um, inexplicably turn them off just before a confrontation. At other times, they accidentally forget where they put the tape. "One policy that would go a long way toward achieving those three objectives is what defense attorney Scott Greenfield calls the missing video presumption.... Under the missing video presumption..., the courts will assume that the video corroborates the party opposing the police...." ...

... AND Now, for a Different POV. Sunil Dutta, an LAPD officer & professor, in a Washington Post op-ed: "We are still learning what transpired between Officer Darren Wilson and [Michael] Brown, but in most cases it's less ambiguous -- and officers are rarely at fault. When they use force, they are defending their, or the public's, safety. Even though it might sound harsh and impolitic, here is the bottom line: if you don't want to get shot, tased, pepper-sprayed, struck with a baton or thrown to the ground, just do what I tell you." ...

Time to Look at the Politics. Let's Hear First from a Limited-Government Tenther: There is no problem with the federal government having a role [in the investigation into Michael Brown's shooting]. But in all of these things, local control, local government, local authorities who have the jurisdiction, who have the expertise, who are actually there are the people who should be in the lead. -- Rep. Paul Ryan

Yeah, the Ferguson police have the "expertise" to lead, all right. -- Constant Weader

Think I'm wrong? Hah! Paul Waldman is totally on my side. He's made a list of "The Ferguson Police Department's Top 10 Tips For Protester Relations." ...

... Ian Millhiser of Think Progress: Partly because local elections are held in April in odd-numbered years when no statewide or national races are in play, "In 2013..., just 11.7 percent of eligible voters actually cast a ballot. Turnout is especially low among Ferguson's African American residents, however. In 2013, for example, just 6 percent of eligible black voters cast a ballot in Ferguson's municipal elections, as compared to 17 percent of white voters.... So the solution to the fact that Ferguson's black majority is nearly unrepresented in its government could be as simple as rescheduling its municipal elections so that they are held in November of even-numbered years -- the same time that federal elections are held." ...

... Jeff Smith of the in a New York Times op-ed (August 17): "... because blacks have reached the suburbs in significant numbers only over the past 15 years or so, fewer suburban black communities have deeply ingrained civic organizations.... Many North County towns -- and inner-ring suburbs nationally -- resemble Ferguson. Longtime white residents have consolidated power, continuing to dominate the City Councils and school boards despite sweeping demographic change. They have retained control of patronage jobs and municipal contracts awarded to allies. The North County Labor Club, whose overwhelmingly white constituent unions (plumbers, pipe fitters, electrical workers, sprinkler fitters) have benefited from these arrangements, operates a potent voter-turnout operation that backs white candidates over black upstarts." ...

... AND This. Charlie Spiering of Breitbart "News": Missouri GOP chairman Matt Wills thinks it's "disgusting" & "fanning the political flames" that "liberal organizers" have set up voter registration tables near the site of Michael Brown's killing & at the QT convenience store. ...

... Charles Pierce: "Registering people to vote is 'fanning the political flames,' because you know how Those People are when you get them all hopped up on voting, that's probably why Matt Wills and the state party that he directs executively worked so hard to minimize the 'disgusting' spectacle of black people at the polls." ...

... Alan Grayson Saw This Coming. His Colleagues Didn't Care. Jennifer Bendery, et al., of the Huffington Post: "The militarized police response to protests in Ferguson, Missouri, is forcing members of Congress to explain their ongoing support for a Pentagon program that provides local law enforcement with weapons used in war zones.... House lawmakers overwhelmingly voted in June to block legislation by Rep. Alan Grayson (D-Fla.) that would have ... banned funding for a specific set of heavy-duty gear, including grenade launchers, toxicological agents and drones, all of which may legally be transferred to police departments under current law." Democrats voted 3-1 against the Grayson amendment. ...

... CW: I suspect this is one of the bad outcomes of ending earmarks (a practice which Not-President-Thank-God John McCain decried for years). Since MOCs can no longer promise their constituents a bridge or a community center or a museum, they're dolling out tanks & grenades. Absent earmarks, the U.S. is becoming a vast militarized zone with substandard infrastructure. That is, Congressional policy, in the name of "reform," is turning the U.S. toward a third-world-country model.

MEANWHILE in New York City. Jake Pearson of the AP: The fatal beating of Rikers Island inmate Angel Ramirez in "July 2011 ... is among three deaths in New York City's jails over the past five years in which inmates were alleged to have been fatally beaten by guards. Yet in none of those cases was anyone ever charged with a crime.... The lack of accountability in the city's jail system was singled out time and again in a scathing federal review issued this month.... The government lawyers focused on juvenile facilities at the huge jail complex called Rikers Island but said their conclusions probably extend to all Rikers jails. They found that beatings often occurred out of view of security cameras, internal investigations took months to complete, and guards falsified or otherwise failed to properly fill out use-of-force forms documenting incidents."

Rosalind Helderman, et al., of the Washington Post: "The sister of former Virginia governor Robert F. McDonnell took the witness stand Tuesday at her brother's corruption trial to make the case that the former Virginia governor's marriage was far more strained than his finances.... Maureen C. McDonnell, who shares a name with her brother's wife, testified that her sister-in-law was erratic and mentally unstable, a reluctant first lady who did not like living in 'that prison mansion.'" CW: Thanks, Sis.

Stephanie Simon of Politico: "A Louisiana judge on Tuesday swatted down Gov. Bobby Jindal's attempt to use his executive authority to repeal the Common Core in his state. Jindal is trying to unilaterally scrap the new academic standards and a related series of exams -- a move that's put him at odds with business leaders, the state superintendent, members of the board of education and many Republican legislators in Louisiana. In a blistering five-page ruling, District Judge Todd W. Hernandez of Baton Rouge ruled that Jindal's plan would cause 'irreparable harm' to students, teachers and parents who have been preparing for the new standards for years." ...

... AP: "Jindal once supported the standards as improving student preparation for college and careers. But Jindal, who is considering a 2016 presidential campaign, now opposes them as a federal intrusion in state education policy." CW: Because Obama.

Cindy Carcamo of the Los Angeles Times: "At least five, perhaps as many as 10, of the 42 children slain [in San Pedro Sua, Honduras,] since February had been recently deported from the U.S.... Immigrant aid groups and human rights organizers say the Honduran government is ill-equipped to assist children at high risk after they have been returned." ...

... "Intended Consequences." Charles Pierce: "It is now the stated position of most of the Republican party in this country, and of Republican politicians like Steve King and most of the prospective 2016 presidential field, that more children must be sent home to die this way. People should remember that."

Senate Race

Dermot Cole & Nathaniel Herz of the Alaska Dispatch News: "Dan Sullivan, the former Alaska attorney general and natural resources commissioner, declared victory early Wednesday in one of the most divisive Alaska Republican primaries in decades, while Fairbanks lawyer Joe Miller ran 8 points behind in second place. Lt. Gov. Mead Treadwell trailed third in the fight to take on Democratic Sen. Mark Begich in the fall."

Presidential Race

Alexandra Jaffe of the Hill: "Texas Gov. Rick Perry (R) will turn himself into authorities on Tuesday evening, following his indictment by a grand jury on charges relating to abuse of power last week.... The governor's arraignment has been set for Friday, but Perry reportedly has no plans to attend and will go forward with a weekend trip to New Hampshire to rally Republicans there." ...

What, no glasses?? Still, wins prize for Best Hair in a Mugshot.     ... Update. Jesse Byrnes of the Hill: "Texas Gov. Rick Perry (R) was booked at a courthouse in Austin on Tuesday, getting his fingerprints taken and a mug shot, following his indictment by a grand jury on abuse of power charges. 'I'm here today because I believe in the rule of law, and I'm here today because I did the right thing,' a defiant Perry said to mostly cheers from those gathered outside the Travis County Courthouse."

... David Montgomery of the New York Times: "A prominent legal team has taken shape to assist Gov. Rick Perry in fighting a felony indictment, with the lead lawyer denouncing the abuse of power charges as 'nothing more than banana republic politics.'"

News Ledes

AP: "At least 34 sailors are being kicked out of the Navy for their roles in a cheating ring that operated undetected for at least seven years at a nuclear power training site, and 10 others are under criminal investigation, the admiral in charge of the Navy's nuclear reactors program told The Associated Press."

New York Times: "Israeli airstrikes killed a wife and baby son of the top military commander of Hamas, the Islamist movement that dominates the Gaza Strip, hours after rocket fire from Gaza broke a temporary cease-fire Tuesday and halted talks aimed at ending the six-week conflict collapsed in Cairo. The fate of the commander, Mohammed Deif, the target of several previous Israeli assassination attempts, remained unclear, though Palestinian officials and witnesses said his was not one of three bodies pulled Wednesday from the rubble of the bombed Gaza City home." ...

... AFP: "An Israeli cabinet minister on Wednesday justified an air strike on Gaza that killed the wife and child of Hamas military leader Mohammed Deif, saying he was a legitimate target. 'Mohammed Deif deserves to die just like (the late Al-Qaeda leader Osama) bin Laden. He is an arch murderer and as long as we have an opportunity we will try to kill him'" Interior Minister Gideon Saar told army radio."

New York Times: "After nearly a week of inaction, a Russian aid convoy destined for the besieged, rebel-controlled Ukrainian city of Luhansk rumbled to life on Wednesday, with 16 of its trucks passing through a Russian border checkpoint. Before heading to Luhansk, though, the trucks still have to be checked by the Russian border service, Ukrainian border guards and representatives of the International Committee of the Red Cross, Sergei Karavaytsev, an officer in Russia's Emergencies Ministry, said in a telephone interview."

Guardian: "Russia has shut down four McDonald's restaurants in Moscow for alleged sanitary violations in a move critics said was the latest blow in its tit-for-tat sanctions tussle with the west." CW: Now that could make Putin unpopular.

AP: "Germany says it is prepared to arm the Kurdish fighters battling Sunni insurgents in northern Iraq. Foreign Minister Frank-Walter Steinmeier says Germany would closely coordinate its efforts with France, Britain and other European countries who are already delivering weapons to the Kurds."

Jaywalking as a Capital Offense

I have been under the misimpression that Michael Brown & his friend Dorian Johnson were ambling down the middle of a busy street, blocking traffic. However, this New York Times map shows that this was not the case:

The site of the shooting was Canfield Court. Canfield Court is a short stretch of the through street Canfield Drive, which in this section is a residential street of two- & three-story apartment buildings & townhouses surrounded by greenspace. About a block west, the residences appear to be single-family homes, & just to the east are single-story apartment buildings, again surrounded by ample greenspace. Here's what Canfield Court looks like on Google's street view:

Not exactly a busy street. Moreover, the sidewalks are fairly narrow -- too narrow for two people to walk abreast. So it seems quite natural & sensible for two friends to be walking together in the street rather than on the sidewalk. 

When I'm driving on local roads like this one, I often come upon people walking along them. When there are pedestrians, I just wait for them to move to the side or I drive around them, taking extra care if there are small children in the group. Sometimes I wave & smile. Whatever. I have never considered these events noteworthy or unusual. Walking in the street is the way people who don't have cars -- you know, poor people -- use public streets. I'd be surprised if the situation was much different in Ferguson.

Knowing this, it appears to me that Officer Darren Wilson purposely & without cause provoked Brown & Johnson by telling them to move to the sidewalk. (According to Johnson, Wilson shouted to them, "Get the fuck on the sidewalk.") The fact that Wilson was cruising a residential street suggests that he was a neighborhood patrolman, someone who is supposed to establish rapport with residents & create a sense of public trust in the police. ("Get the fuck on the sidewalk" is not the best outreach initiative.)

According to Johnson, he & Brown complied with Wilson's order. After that, Wilson "began to drive away, but then threw his car into reverse and came back alongside the teens, nearly hitting them." A scuffle between Wilson & Brown ensued. Wilson will dispute Johnson's account.

What actually happened to escalate a perfectly normal stroll down the street into a death-by-shooting is critical, of course, but not to the point of "who started it." Officer Wilson did.