The Commentariat -- April 29, 2014
Michael Doyle of McClatchy News: "At least 4.1 percent of defendants sentenced to death in the United States are innocent, according to new research published in the Proceedings of the National Academy of Sciences. As a result, the study's authors note, 'it is all but certain that several of the 1,320 defendants executed since 1977 were innocent." ...
... as far as anyone can determine (and many are looking), none of cases included in the .027% error rate for American verdicts involved a capital defendant erroneously executed. -- Justice Antonin Scalia, concurring opinion in Kansas v. Marsh, 2006
Guilty? Innocent? It Doesn't Matter. This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is 'actually' innocent. Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim based on alleged 'actual innocence' is constitutionally cognizable. -- Justice Scalia, dissent in re Davis, 2009
Another Great Reason to Be an Originalist: Bloodlust. For me, therefore, the constitutionality of the death penalty is not a difficult, soul-wrenching question. It was clearly permitted when the Eighth Amendment was adopted (not merely for murder, by the way, but for all felonies -- including, for example, horse -- thieving, as anyone can verify by watching a western movie). And so it is clearly permitted today. -- Justice Scalia, speaking at a Pew Research Fortum in 2002
Mark Landler of the New York Times: "President Obama, stung by criticism of his response to turmoil from Eastern Europe to the Middle East, defended his approach to foreign policy as a slow but steady pursuit of American interests while avoiding military conflict, and he lashed out at those he said reflexively call for the use of force. Standing next to the Philippine president, Benigno S. Aquino III, a visibly frustrated Mr. Obama said on Monday that his critics had failed to learn the lessons of the Iraq war." ...
... The full press conference. Ed Henry of Fox "News" asks his Fox "Newsy" questions beginning at about 30:45 min. in:
CW: I missed the underlying CNN story, by Scott Bronstein & Drew Griffin, on the Phoenix VA, about which Henry asks: "At least 40 U.S. veterans died waiting for appointments at the Phoenix Veterans Affairs Health Care system, many of whom were placed on a secret waiting list. The secret list was part of an elaborate scheme designed by Veterans Affairs managers in Phoenix who were trying to hide that 1,400 to 1,600 sick veterans were forced to wait months to see a doctor, according to a recently retired top VA doctor and several high-level sources." It is a horrifying story. ...
... CW: The main reason I missed this story: CNN -- which uncovered the story -- was the most liberal media outlet to cover it. If liberal media are unwilling to cover stories that disgrace the Obama administration or liberal policies, they are no better than conservative media who cover only stories that reflect badly on President Obama and Democrats. So thanks, Ed Henry. That was one Fox "Newsy" question I appreciate. ...
... Josh Hicks of the Washington Post on President Obama's response to Henry's question about the Phoenix VA. ...
... Josh Levs & Elise Labott of CNN: "The United States expanded its sanctions against Russia on Monday, targeting members of President Vladimir Putin's 'inner circle' and technology that could be useful to Russia's military. President Barack Obama said the 'targeted' sanctions are in response to Russia's actions in Ukraine." ...
... Juergen Baetz of the AP: "The European Union on Tuesday released the names of 15 new targets of sanctions because of their roles in the Ukraine crisis. The list includes Gen. Valery Gerasimov, chief of the Russian General Staff and first deputy defense minister, and Lt. Gen. Igor Sergun, identified as head of GRU, the Russian military intelligence agency. The decision taken by the EU governments' ambassadors in Brussels brings the total number of Russians or pro-Russian individuals in Ukraine targeted by the EU's sanctions to 48." ...
... David Stout of Time: "Secretary of Defense Chuck Hagel received 'assurance' from his Russian counterpart, Sergei Shoygu, on Monday that the Kremlin would not send troops amassed on its western border with Ukraine, where separatist forces have called for Moscow's assistance."
Jennifer Steinhauer of the New York Times: "Reacting to a series of highly publicized rapes on college campuses, the White House on Monday released guidelines that increase the pressure on universities to more aggressively combat sexual assaults on campus."
Mr. Kerry Regrets. Brett Logiorato the Business Insider: "U.S. Secretary of State John Kerry released a statement in 'support for Israel' Monday night, after a day of high-profile controversy surrounding his weekend warning that Israel may become an 'apartheid state' if Israeli-Palestinian peace talks fall through. 'I have been around long enough to also know the power of words to create a misimpression, even when unintentional, and if I could rewind the tape, I would have chosen a different word to describe my firm belief that the only way in the long term to have a Jewish state and two nations and two peoples living side by side in peace and security is through a two state solution,' Kerry said in the statement." ...
... Here's Kerry's official statement. ...
... Dylan Byers of Politico: "Secretary of State John Kerry's private remarks to a meeting of influential world leaders last week were allegedly taped by [Josh Rogin,] a reporter from The Daily Beast, a fact that led to a personal apology from Trilateral Commission chairman Joseph S. Nye on Monday." ...
... CW: AND kudos this time go to Diplomatic Security, the agents responsible for protecting U.S. State Department personnel. It boggles my mind that American security officers are so inept. How did Rogin slip past these bozos? Was he wearing a Groucho mask, or what? ...
... The Ever-Diplomatic Ted Cruz Is Outraged. Burgess Everett of Politico: "Sen. Ted Cruz called for the resignation of Secretary of State John Kerry on Monday afternoon, criticizing Kerry for reportedly telling world leaders that he fears Israel could become an 'apartheid state.'" ...
... Juan Cole: Five ways Kerry understated Israeli apartheid policies. "Israeli society inside 1967 borders is not broadly characterized by Apartheid conditions, though Palestinian-Israelis do labor under legal forms of discrimination.... Still, the most thorough comparison of the Apartheid system of racial segregation with Israeli practices can only be made of the West Bank and Gaza, where Palestinians are ruled by Israel but kept stateless and without rights."
Rod Dreher of the American Conservative (and a super-religious guy): "Man, the 12 minute speech Sarah Palin gave to the NRA convention is awful. It's just witless, red-meat blathering, delivered in that nasal whine of hers that makes it sound like she's chewing wads of tinfoil.... [In] part of a long harangue about lily-livered liberals, delivered in such a way that makes Archie Bunker sound like Cicero, [Palin says,] 'Oh, but you can't offend them, can't make them feel uncomfortable, not even a smidgen. Well, if I were in charge, they would know that waterboarding is how we baptize terrorists.' OK, stop. Not only is this woman, putatively a Christian, praising torture, but she is comparing it to a holy sacrament of the Christian faith. It's disgusting -- but even more disgusting, those NRA members, many of whom are no doubt Christians, cheered wildly for her." ...
... Aaron Blake of the Washington Post finds more conservatives who found Palin's speech appalling. He includes Andrew Sullivan, who has derided Palin from the git-go, & who now goes full-Nazi:
It is the kind of statement you might expect from the Khmer Rouge, or from the Chinese Communists who perfected 'stress positions', or from the Nazis, whose Gestapo pioneered 'enhanced interrogation', i.e. brutal torture that would leave no physical traces. Except it's worse than that. Even totalitarian regimes have publicly denied their torture. Their reticence and lies are some small concession of vice to the appearance of virtue. Not Palin -- who wants to celebrate brutal torture as the American way. And then she manages to go one step further. She invokes torture in the context of a Christian sacrament. Not since the Nazis’ Deutsche Christen have we seen something so disgusting and blasphemous in the morphing of Christianity into its polar opposite.
... Worse Than Hitler? According to the help, Adolf Hitler was "charming" & Eva Braun was "elegant" & pleasant to the household staff. Not sure if Palin's employees would give her such high marks. ...
... Ms. Palin Does Not Regret. Evan McMurry of Mediaite. Palin stands by her waterboarding-baptism punchline -- and mentions again what a wonderful world it would be if she were "in charge."
... In Search of Palin's Source. Steve M. has a must-read on the history of waterboarding & its relationship to -- baptism. Hey, maybe it turns out Sarah Palin is a serious Christian scholar! Coming upon gems like this is why I loves the Internets.
Charlie Savage & Matt Apuzzo of the New York Times: "Edward J. Snowden ... retained a well-known Washington defense lawyer [-- Plato Cacheris --] last summer in hopes of reaching a plea deal with federal prosecutors that would allow him to return to the United States and spare him significant prison time."
From Torturer to Suburbanite. Greg Miller, et al., of the Washington Post: A brutal torturer who ran Afghan "intelligence" operations after the US-led invasion of 2001, turns up living in a two-storey pink stucco house in Southern California. The "case touches on critical questions looming over [the US Afghanistan] disengagement. What will happen to thousands of Afghans seeking to accompany the American exodus? And how will U.S.-built institutions in that country -- particularly its intelligence service, the National Directorate of Security (NDS) -- treat those left behind?"
No Cuffs for the Congressman. Jason Hanna, et al., of CNN: "U.S. Rep. Michael Grimm failed to report more than $1 million in sales and wages at a Manhattan restaurant he once ran, using unreported cash to pay workers 'off the books' to 'evade taxes and keep more money for himself,' a federal prosecutor said. Grimm, R-New York, pleaded not guilty on Monday in federal court in Brooklyn to 20 counts, including mail fraud, wire fraud, filing false tax returns, hiring unauthorized aliens and perjury. A former FBI agent who used to investigate fraud, Grimm wore a dark suit and was not handcuffed during the hearing. He was released on $400,000 bond, secured by his home in Staten Island. As conditions for his release, Grimm, 44, must surrender his guns and passport. He told reporters that he would remain in office while fighting the charges." ...
... Wesley Lowery of the Washington Post summarizes the charges in Grimm's indictment. The indictment, via CBS New York, is here. ...
... Stephanie Clifford of the New York Times adds background.
The Sporting Life
Never Mind. Asawin Suebsaeng & Patrick Caldwell of Mother Jones: "Does it really matter whether racist LA Clippers owner Donald Sterling is a registered Democrat? Or a Republican? Or a member of the Pirate Party of Russia? Well, according to multiple conservative media outlets, yes, it does matter.... The Donald-Sterling-Is-a-Democrat meme ... took hold within right-wing media." (Or, as Akhilleus wrote yesterday, "The Drudge and Breitbart sites haven't stopped digitally quivering all weekend. A racist who isn't one of theirs. Jesus be praised. How the fuck did that happen?") "... here's a news flash for those conservatives eager to bring up the topic: He's a Republican.... [Emphasis mine.] There's little reason to get excited about Sterling's political affiliation. But if you choose to do so, you ought to get it right." ...
... Charles Johnson of Little Green Footballs: "... whenever a high profile public figure is caught uttering racist comments, or a whenever a sociopath commits mass murder, the entire right wing media machine immediately starts searching through public records to see if that person ever, in his or her entire life, donated to a Democrat or registered as a Democrat in an election. And if they find what they're searching for, they immediately start ranting in unison that the person in question is proof that the 'real racists' or the 'real psycho killers' are actually, yes, liberals.... The point of making Sterling out to be a 'liberal,' of course, is to ... retaliat[e] for their hero Cliven Bundy being exposed as a racist. But anyone with more than two brain cells can see the huge difference in these two cases: the right wing turned out en masse to support Cliven Bundy and praise him as a hero of the conservative movement, while no liberal or" Democrat has uttered a single word of support for Donald Sterling." ...
... CW: I think Johnson is wrong here. The NAACP was going to give Sterling a lifetime achievement award. That sounds like quite "a word of support" to me. (Yes, I would consider the NAACP a liberal organization.) ...
... Michael Tomasky of the Daily Beast: "... conservatives ... can't acknowledge this larger context of Democratic support for the things that have mostly improved black people;s lives and Republicans' almost total opposition to them since at least the 1980s. To acknowledge all that would be to acknowledge that they've been wrong on one of the most searing issues in American political history. They of course can't do that. So they have to construct this alternative, fantasy narrative.... They can't acknowledge ... the damage that racism has done. So they turn racism into a mere personal attribute, thereby divorcing it from any notion of political power."
It's the Girlfriend's Fault. -- Donald Trump
It's the Girlfriend's Fault. Also "racism'"s fault. And the NSA's. And the media's. -- Kareem Abdul-Jabbar
It's the Girlfriend's Fault. Also, he still has been the worst owner in the modern history of professional sports. -- Charles Pierce
It's Obama's Fault. This is not news to anybody who has known of this guy. This guy is a big Democrat. The only reason he's in trouble is because he did not give enough money to Obama.... Everybody in the media, from LA to New York, who's acting shocked about this, I'm telling you they've known who this guy is for the longest time. They've known he is a slum lord. They know that he is a racist. They know that he's basically a despicable human being, and now he may be demented. -- Rush Limbaugh
NBA Sterling is a Democrat... — Matt Drudge ...
... CW: I checked Drudge's site Monday evening & was shocked, shocked to discover he hadn't made a correction & issued a profound mea culpa. He just took the story down. Being a winger means never having to say you're sorry. ...
... The Nation republishes part of Dave Zirin's 2010 book on pro-ball owners. In it, he details what a total dirtbag Sterling is.
David Moore of USA Today: "Sponsors are pulling a fast break away from the Los Angeles Clippers and their embattled owner, Donald Sterling. As the condemnation of Sterling and his racially insensitive comments spread Monday, major financial supporters of the NBA franchise announced they were severing ties with the Clippers. In rapid succession, the mass exodus included used car seller CarMax, State Farm Insurance, Kia Motors America, airline Virgin America, P. Diddy's water brand, AQUAHydrate, Red Bull, Yokohama tires and Mercedes-Benz."
Congressional Elections
Dan Balz & Peyton Craighill of the Washington Post: "Democrats face serious obstacles as they look to the November elections, with President Obama's approval rating at a new low and a majority of voters saying they prefer a Congress in Republican hands to check the president's agenda, according to a new Washington Post-ABC News poll. Obama's approval rating fell to 41 percent, down from 46 percent through the first three months of the year and the lowest of his presidency in Post-ABC News polls."
Scott Brown Runs on Fauxbamacare. Ezra Klein of Vox: Former Sen. Scott Brown (R-Mass), who is running for a Senate seat representing New Hampshire, "is picking up on a real opportunity.... The polls around Obamacare are frustrating both to the law's principled supporters and its principled opponents. There is, in theory at least, a huge opening for an unprincipled opponent -- someone who opposes 'Obamacare', but supports virtually all of the policies in Obamacare. Someone who supports Fauxbamacare.... The polls are clear. The American people don't want Obamacare. However, they like what's in Obamacare. And they don't like it when Republicans try to get rid of Obamacare. Brown's position shows Republicans a way out: a rebranding of Obamacare, accompanied, perhaps, by some vague tweaks and changes to be named later." ...
... CW: Pay attention, Jean Shaheen.
Beyond the Beltway
Josh Sanburn of Time: "The Ohio Department of Rehabilitation and Correction (DRC) announced Monday it would increase the dosage of sedative midazolam from 10 mg to 50 mg while upping the dosage of hydromorphone, which is used to stop one's breathing, from 40 mg to 50 mg. The change follows the January execution of Dennis McGuire, who reportedly made snorting and snoring noises during the 25-minute process."