Archive for category Human Rights

The Nostalgia Trap

I’ve written about the ways in which many conservatives seem to yearn for yesteryear. This morning, historian Stephanie Coontz offered a fascinating and compelling article in the NY Times on the dangers of nostalgia:

In society at large, however, nostalgia can distort our understanding of the world in dangerous ways, making us needlessly negative about our current situation.[snip]

Happy memories also need to be put in context. I have interviewed many white people who have fond memories of their lives in the 1950s and early 1960s. The ones who never cross-examined those memories to get at the complexities were the ones most hostile to the civil rights and the women’s movements, which they saw as destroying the harmonious world they remembered.

Read the whole thing, it’s worth it.

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College Life, Rape and Public Discourse

There’s a major discussion happening right now about sexual assault on college campuses (i.e. it’s made the NY Times; some other posts and articles here, here, here and here).  The basic shape of the conversation can be described fairly simply:

Rape and sexual assault are already underreported crimes.  Students on college campuses are victims of rape and sexual assault on a regular basis; college campuses nationwide engage in efforts to minimize reporting of sexual assault on campus and take minimal actions against perpetrators.  New regulations are shining a light on the situation.

The consensus seems to be that colleges aren’t doing enough to protect students from sexual assault and aren’t doing enough with regard to punishing perpetrators; it seems to me the worst a college can do is expel a perpetrator and even then they run risks they may prefer to avoid.  As I think about this issue, it seems that colleges are trying to thread the needle with regard to legal liability – in the absence of specific knowledge about specific threats to a student from/by another student, they can’t take any action; they can’t expel a student because he might rape someone.  Without evidence, they can’t punish a student.  In many cases, victims can’t identify the perpetrators. Read the rest of this entry »

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Ten Years Later: Yup, It Was Torture

It certainly took long enough. The new 577-page torture report from The Constitution Project’s bipartisan commission concluded (emphasis added):

The question as to whether U.S. forces and agents engaged in torture has been complicated by the existence of two vocal camps in the public debate. This has been particularly vexing for traditional journalists who are trained and accustomed to recording the arguments of both sides in a dispute without declaring one right and the other wrong. The public may simply perceive that there is no right side, as there are two equally fervent views held views on a subject, with substantially credentialed people on both sides. In this case, the problem is exacerbated by the fact that among those who insist that the United States did not engage in torture are figures who served at the highest levels of government, including Vice President Dick Cheney.

But this Task Force is not bound by this convention.

The members, coming from a wide political spectrum, believe that arguments that the nation did not engage in torture and that much of what occurred should be defined as something less than torture are not credible.

Robert Parry:

Now that a bipartisan blue-ribbon panel has reached the conclusion that President George W. Bush and his top advisers bear “ultimate responsibility” for authorizing torture in violation of domestic and international law, the question becomes what should the American people and their government do.

The logical answer would seem to be: prosecute Bush and his cronies (or turn them over to an international tribunal if the U.S. legal system can’t do the job). After all, everyone, including President Barack Obama and possibly even Bush himself, would agree with the principle that “no man is above the law.”

Interestingly enough, Section 3286 of the USA PATRIOT Act effectively abolished the statute of limitations for torture.

The U.N. Convention Against Torture, signed by President Reagan in 1988, compels all signatories who discover credible allegations that government officials have participated or been complicit in torture to “submit the case to its competent authorities for the purpose of prosecution” (Art. 7(1)).

Glenn Greenwald:

The disgrace of the American torture regime falls on Bush officials and secondarily the media and political institutions that acquiesced to it, but the full-scale protection of those war crimes (and the denial of justice to their victims) falls squarely on the Obama administration.

UPDATE: George W. Bush Library Opens, Amnesia Ensues

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Running Towards the Smoke and Fire

I am about out of energy for this week. But I do have the smoking remains of an irony meter sitting in the corner crying to be heard. And a tiny little mangled… something. Something Confucius might have called Ren. Something I almost forgot about. Read the rest of this entry »

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With a big gay rainbow over your district…

I have a new hero. Fantastic speech out of kiwi-land that shows that you can be a good person, in government, and even have a sense of humor.

Wish we could move him to Utah!

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The Republicans Passion for Pelvic Politics Takes a Turn for the Toxic

Via of Ed Kilgore at Washington Monthly, this report about Kansas Republican legislators’ latest attempt to micromanage women’s magical lady parts:

The Kansas legislature is advancing an omnibus abortion bill that would, among other things, define life as beginning at conception in the state constitution and place unnecessary restrictions on abortion providers in the state. HB 2253 has already passed the House, and looks poised to gain enough support to sail through the Senate — but only after Republicans rejected several key amendments to soften the measure, including a provision to add exceptions for rape and incest to the state’s existing abortion restrictions. Top Republicans decried those provisions as “little gotcha amendments.”

There’s an interesting dynamic at work here.  Conservative Republicans jump up on their sanctimonious high horse over abortion.  Then they get tangled up in the conversations about rape and incest because of course abortion isn’t as black and white as anti-choice forced birther folks like to pretend it is.  Rape and incest are the obvious first stumbling blocks to the anti-choicers simplistic moralizing.  Having invested significant time and energy into sentimentalizing fetuses, the forced birthers cannot now pretend that the sentiment only applies to some fetuses.  So they’re forced to make incredibly cruel arguments – women who get pregnant as a result of rape or incest shouldn’t punish the fetus by having it aborted; they should instead see it as a blessing.  It’s an awful argument but it flows directly from the logic embraced by the anti-choice movement.

Enmeshed in their own arguments, the anti-choice people wind up unable to make coherent arguments about abortion, contraception or reproduction.  They end up buying into various myths (for instance the debunked claim that abortion causes breast cancer or that women’s magical lady parts prevent conception when they’re being raped).  In this instance in Kansas, they’re forced to pretend any objection to their forced birth agenda is nothing more than politics. 

And despite wanting desperately to avoid the topic of rape, Republicans can’t seem to steer clear of it.  And so the unpleasant dynamic sucks them into a discussion they want to avoid.  And they end up saying things that make them sound like sociopaths.  In response, they propose even more toxic and authoritarian rules concerning the ladyparts.

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The Best Humor Comes From Near Tragedy

But in this case, past tragedy. Tragedy not usually experienced as widely as as it could be, or was in the past.

That’s not saying it couldn’t happen again to anybody, but you know what they say:

Humor is the best medicine:

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A History of Defeat Followed By Defeat

I’ve highlighted the idea that US politics are driven as much by historical cultural forces as by contemporary ones.  Colin Woodward’s eleven nations thesis argues that the US is divided into 11 distinct cultural areas which align themselves in a series of shifting alliances and thus shift and move national political power.  Certain longstanding alliances (Yankeedom, the Left Coast and the Midlands on the one hand and the Deep South, Tidewater and Greater Appalachia endured for decades).  Woodward summed up his thesis:

The Tea Party agenda may hold sway over large parts of the South and interior West, and with the economy and the president in such a weakened state a Tea Party favorite like Rick Perry could conceivably win the White House. But the movement has no hope of truly dominating the country. Our underlying and deeply fractured political geography guarantees that it will never marshal congressional majorities; indeed, it almost guarantees that the movement will be marginalized, its power and influence on the wane and, over large swaths of the nation, all but extinguished.

Woodard’s argument is that South is not a unified region – it consists of multiple cultural areas that have a long standing tradition of allegiance – Michael Lind’s Chesapeake Bay area is part of the Tidewater region

Tidewater has always been fundamentally conservative, with a high value placed on respect for authority and tradition, and very little on equality or public participation in politics.

Tidewater is a nation in decline as the Midlands have taken over sizable portions of Tidewater (think of Northern Virginia for a good example). Read the rest of this entry »

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Does The President Have the Power to Execute Americans Without Any Charges or Due Process?

Somebody has leaked a 16-page “white paper” (PDF) to NBC News’ Michael Isikoff. Prepared by the Obama administration’s Department of Justice, it tries to justify President Obama’s claim that he has the power to target even Americans for assassination without due process. This is not the primary Office of Legal Counsel (OLC) memo justifying Obama’s kill list – that is still classified – but it appears to track the reasoning of that memo as anonymously described to the New York Times in October 2011.

Glenn Greenwald:

This new memo is entitled: “Lawfulness of a Lethal Operation Directed Against a US Citizen Who is a Senior Operational Leader of Al-Qa’ida or An Associated Force”. It claims its conclusion is “reached with recognition of the extraordinary seriousness of a lethal operation by the United States against a US citizen”. Yet it is every bit as chilling as the Bush OLC torture memos in how its clinical, legalistic tone completely sanitizes the radical and dangerous power it purports to authorize.

According to the “white paper,” if the US government simply asserts without evidence or trial that someone is a terrorist, then they are assumed to be, and they can then be punished as such – with indefinite imprisonment or death. The paper states that presidential assassinations are justified when “an informed, high-level official of the US government has determined that the targeted individual poses an imminent threat of violent attack against the US.”

What is “an imminent threat”? The paper expressly states that it is inventing “a broader concept of imminence” than is typically used in domestic law. Specifically, the president’s assassination power “does not require that the US have clear evidence that a specific attack… will take place in the immediate future.”

Basically, the Obama administration has asserted the power to kill anyone (including American citizens) anywhere, for any reason (or no reason – how do we know, because the decision is secret?), anytime they want to. And they are claiming that this is constitutional and legal.

I’m encouraged that not all Americans are buying this outrageous claim. A recent poll from Fairleigh Dickinson University found 48 percent of Americans think it is illegal to “target US citizens living in other countries with drones,” while 24 percent think it is legal. But the same poll found majority approval for the use of drone attacks against “people and other targets deemed to be a threat to the US” whether carried out by the CIA or the military, as long as those targets are not American citizens.

Ever since George W. Bush took power as a “unitary executive,” it seems that federal law, our Constitution and Bill of Rights have been all been subject to repeal via secret OLC memos. Illegal government actions became routine, mostly carried out in secret but sometimes we find out about them. The Obama administration hasn’t done much if anything to restore the rule of law, and they have instituted an unprecedented crackdown on whistle-blowers.

The trend is toward more illegality and less transparency.

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It’s not the sex it’s how we think about gender that matters

Religious freedom,  like other concepts of freedom, is contested.  What it means varies across time and place.  In recent years, the US has experienced a massive shift on questions of religions; attendance and membership are down in almost every denomination, the public influence of Christianity has declined as the public face of Christianity has come to be seen as the face of bigotry and intolerance.  The result has been a sharp and painful bit of cognitive dissonance for religious conservatives.  From HuffPo, Read the rest of this entry »

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Who Is Going To Federal Prison For The CIA’s Torture Program?

Last August, the Department of Justice ended a four-year criminal investigation by federal prosecutor John Durham into interrogation techniques used during the presidency of George W. Bush, including torture. At least two cases resulted in the deaths of detainees in CIA custody. This investigation began in 2008, after we learned about the CIA’s destruction of videotapes of interrogations of terror suspects. Attorney General Eric Holder decided not to initiate any prosecutions.

Late last year, the European Court of Human Rights ruled German citizen Khaled el-Masri was tortured by CIA agents. He was seized in Macedonia in December 2003, tortured, and secretly flown to Afghanistan. Then he was released in April 2004. after the CIA admitted he was wrongly detained. El Masri’s lawsuit in U.S. court for illegal detention was dismissed in 2006 when the court accepted the government’s position that it could invoke the so-called “state secrets privilege” in order to avoid having to admit what the CIA did.

The US Senate’s select committee on intelligence conducted a three-year review of CIA treatment of detainees, producing a 6,000-page classified report that is believed to conclude that the so-called “enhanced interrogation techniques” adopted by the CIA during the Bush years did not produce any major breakthroughs in intelligence, contrary to previous claims. This report is likely to remain secret. Senator Dianne Feinstein, the intelligence committee chair, says the report contains “startling details” about waterboarding, stress positions, forced nudity, beatings and sleep and sensory deprivation.

Torture and conspiracy to commit torture is a federal crime punishable by up to 20 years in a federal penitentiary, or by the death penalty if it results in the victim’s death. So who is going to prison now that the CIA torture program has been thoroughly investigated?

1. Someone who conducted “enhanced interrogation” torture sessions.
2. Someone who destroyed evidence of torture.
3. Someone who wrote a legal memo justifying the use of torture.
4. Someone high up in the Bush administration who authorized torture.
5. Someone who opposed torture within the CIA and later blew the whistle on the terrible crimes committed in our name.

If you guessed #5, you’re correct.

Last Friday, ex-CIA officer John C. Kiriakou became the first person to be sentenced to prison for issues related to CIA torture. Kiriakou was sentenced to 30 months in prison after pleading guilty to one count of violating the Intelligence Identities Protection Act for revealing the name of a former operative involved the Bush era’s brutal interrogation of detainees at Guantanamo to a reporter.

Kiriakou worked as a CIA operative for more than two decades and led a March 2002 raid that captured high-ranking Al Qaeda suspect Abu Zubaydah. He was also a vocal torture opponent who revealed his knowledge of U.S. enhanced interrogation techniques, including waterboarding, in an ABC interview in 2007.

UPDATE: From Roots Action: Free John Kiriakou

On June 18, 2009, President Obama declared that no one in the CIA would be prosecuted for torture. But now a CIA officer is finally going to prison in connection with torture. However, this CIA officer didn’t torture anyone — he blew the whistle on torture.

In 2007, John Kiriakou was the first person to publicly acknowledge that the CIA was waterboarding people. The retribution for that act of whistleblowing began immediately.

The CIA began filing crime reports with the Department of Justice against Kiriakou. The IRS audited him in 2007 and has done so every year since. His wife was forced out of her job at the CIA. In 2010 an FBI agent pretending to be a foreign spy tried to entrap Kiriakou, who reported the incidents to the FBI. The same FBI follows him everywhere, including into his children’s school.

The DOJ tried unsuccessfully to prosecute Kiriakou under the Espionage Act as a supposed enemy of the state. He became unemployable and racked up a million dollars in lawyers’ bills.

Now Kiriakou is finally going to prison for 30 months for the act of telling an author the name of someone to interview, even though the name was already known and Kiriakou’s prosecution has made it better known.

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Children are Often Oppressed in Religious Households

“Children are often oppressed in religious households”; when I read that line in Mark Galli’s op-ed over the weekend, I literally stopped reading mid-sentence.  Here’s the whole passage:

But the fact that children are often oppressed in religious households suggests that there is indeed something in religion which tempts parents in this way. That temptation is the inherent human fascination with law and control. People become religious for many reasons, good and bad. One for many is that their lives are completely out of control morally and socially, and they see in religion a way to bring order to the chaos. Religion as inner police. Such adherents are attracted to religions, or denominations within religions, that accent discipline and obedience. This happens — surprisingly — even in Christianity.

Read the rest of this entry »

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