Blog on the Run: Reloaded

Thursday, June 4, 2015 7:44 pm

Odds and ends for June 4

Ex-FIFA VP Jack Warner says there’s a connection between FIFA and the outcome of the 2010 elections in Trinidad and Tobago. He didn’t say what that connection was, but he says there is one. Meanwhile, the rest of us have legitimate reason to worry that FIFA, having ruined soccer, might be diversifying.

Sen. Bernie Sanders might be a socialist, but there’s one economic issue that 80% of Republicans agree with him on.

I would have thought that the Duggars would’ve lawyered up after son Josh Duggar publicly admitted to having molested some of his sisters, one as young as 5. But if they’ve got a lawyer, either he’s crazy or they’re not listening to him, because last night’s interview didn’t win them any friends.

Republican-turned-Democrat Lincoln Chafee, the governor of Rhode Island, announces he’s running for president. But of all the issues he could make a campaign centerpiece — jobs, inequality, global climate change, and on and on — what does he choose? The metric system.

On the GOP side, former Texas Gov. Rick Perry also is announcing. But, as with New Jersey Gov. Chris Christie, it’s even money whether he begins 2017 in the White House, in Paint Creek, or in prison.

Gov. Pat McCrory has pardoned two men who had been in prison for 30 years for a rape and murder that DNA evidence now shows they could not have committed. But the two men were ruled innocent in a court hearing nine months ago. What took the governor so long?

Speaking of our benighted gov, he now says he plans to sign HB 465, a bill passed by the legislature that would extend the waiting period for an abortion from 24 to 72 hours. Not only does this decision suck on the merits, it also violates a very broad pledge McCrory made when running for governor in 2012. Asked by WRAL-TV what additional restrictions on abortion he would approve if elected, he answered flatly, “None.” Since then, he has broken that promise not only in this instance but also in 2013.

Finally, in honor of my fellow Davidson alum Steph Curry on the occasion of his first NBA Final (see what I did there?), this piece from Grantland on the beauty of Curry’s shots:

During the regular season, Curry broke his own NBA record by draining 286 3s. Over half of those came off the dribble, and nobody in NBA history has ever been able to generate — and convert — his own looks like this. It’s not just that Curry is a great shooter, it’s that Curry is the most creative great shooter ever.

Selah.

Wednesday, June 3, 2015 8:30 pm

Odds and ends for June 3

Thirty years ago today, what is still the weirdest true-crime story you’ll ever read concluded horrifically. My friend and former colleague Margaret Moffett checks in with some of the survivors. (EDITED to add: My friend Chris Knight, who grew up near some of the characters in this drama, adds his perspective.)

Perv, meet thief: Presidential hopeful Mike Huckabee, the insufferable pecksniff whose most recent pronouncement was that he wishes he’d “felt like a girl” in high school so that he could have gotten to watch girls shower naked, makes it clear he’ll do anything to get close to Florida Gov. Rick Scott’s donors. Scott, of course, led the company that committed history’s largest Medicaid fraud.

No links with this one, just a thought: What if the Obama Justice Department had put as much effort into investigating banksters as it has into investigating FIFA?

Relatedly, no, South Africa, I’m sure your 2008 payment of $10 million had nothing to do with your getting the 2010 World Cup and was in no way a bribe. Perish the thought.

Every so-called “gay-conversion” operation in this country needs to be sued. Saying you can “convert” someone who’s gay is like saying drinking motor oil can cure cancer.

This week’s revamp of U.S. national security laws was a sorely needed first step — and never would have happened without Edward Snowden. So why is Snowden still a wanted criminal?

The first step in fixing a problem is admitting you have a problem. The U.S. government doesn’t want to admit that we have a problem with killer cops.

After seeing her in “Easy A,” I would watch Emma Stone in just about anything. But even I thought casting her as part-Asian in “Aloha” was boneheaded. Better late than never, director Cameron Crowe agrees.

N.C. Gov. Pat McCrory is staking his re-election effort in 2016 on $2.8 billion in transportation and infrastructure bonds. The only reason I’m not saying that the legislature is throwing McCrory under the bus by refusing to put them on the November ballot is that legislative Republicans don’t believe in mass transit.

And our lite gov, Dan Forest, is a moron. (Previously. Also previously.)

Speaking of morons, the legislature has overridden McCrory’s veto of HB 465, the “ag-gag” law. A court will toss it out eventually, but a lot of animals, and quite possibly some people as well, are likely to suffer before that  happens. So much for McCrory’s attempt to position himself politically as a moderate keeping the Visigoth right at bay. I would say that the legislature threw McCrory under the bus on this one, but that would imply that legislative Republicans favor mass transit.

And the Lege has given committee approval to a bill that will gut background checks on private in-state pistol sales by 2021, a bill so bad that many of the state’s sheriffs opposed it.

And lastly, my local paper and former employer, Greensboro’s News & Record, has laid off a bunch more people, including some true stalwarts, one of whom was just months from retiring. At this point, I think it’s fair to conclude that BH Media is no longer even trying to cut its way to profitability. It is now simply milking what it can for as long as it can, at which point it will shut down the papers one by one and sell off the real estate, some of it quite valuable, that those papers sit on. And it’s past time we in Greensboro start thinking about who or what will be able to provide the journalistic firepower to truly hold the powerful accountable in this community.

 

 

 

 

Monday, June 1, 2015 7:38 pm

Odds and ends for June 1

So the Orange County (CA) DA’s office handled a slam-dunk murder case so corruptly that all 250 prosecutors in the office have been barred by a judge from having any further to do with the case. And that’s just the tip of the iceberg, which is a big ol’ ugly ball of law-enforcement and prosecutor malfeasance so big that all sorts of very bad types may be set free before they should’ve been, or may never face trial, because of it. Coda: If you think that’s the only place this kind of cheating is going on, you’re kidding yourself.

Quasi-relatedly, we don’t just have cops killing unarmed African Americans, we now have repeat offenders.

Some of the most intrusive parts of the Patriot Act expired at midnight last night and ZOMG SHARIA LAW OH NOES!!11!!1!!ELEVENTY!!1! Wait, what? That didn’t happen? Oh. (pause) OK. But this could.

Presented, without snark, some seriously hopeful news about treating cancer.

Microsoft will release Windows 10 — for free — July 29. But you’ll take away my Windows 7 Pro when you pry my cold dead hands from it stop offering security upgrades for it like you stopped for Windows XP, I guess.

Airlines aren’t just greedy, they’re also stupid. Exhibit A: United Airlines.

Gosh, an elected official in North Carolina can’t even engage in a little public bigotry anymore without people complaining about it.

The mayor of Belhaven, N.C., Adam O’Neal, is walking almost 300 miles to Washington, D.C. — again — to — again — try to draw attention to lack of health care in rural areas.

An American tourist visiting a lion preserve in South Africa rolled down her car window just like she’d been told not to do and got mauled to death. Commenters on the article are overwhelmingly in favor of the lion, and I’ve got to say, so am I. Lady, what part of “nature, red in tooth and claw” didn’t you understand?

The News & Record unveiled its newly redesigned website today. It’s still butt-ugly and it still doesn’t have RSS feeds. Bright side: They resurrected the URL Greensboro.com, which they never should have stopped using in the first place.

92-year-old Harriette Thompson of Charlotte finished a marathon Sunday, so I really don’t want to hear about your bad back or your sore feet.

 

Friday, May 29, 2015 7:37 pm

Odds and ends for May 29

Apparently, the Texas floods show that the state is et up with witches and sodomites. Who knew?

Even though he won re-election, FIFA head Sepp Blatter is hearing the hellhounds on his trail. Couldn’t happen to a nicer corrupt sports executive besides Roger Goodell. Relatedly, the organization’s big sponsors are starting to get restless. About time.

The government’s handling of deadly microbes might be suboptimal. I’ve seen this movie before. It didn’t end well.

More proof, were more needed, that banning abortion doesn’t end abortion, it only makes some desperate women even more desperate.

More proof, were more needed, from the TPP debate that campaign contributions have the highest ROI of any form of investment.

More proof, were more needed, that John McCain has passed his sell-by date.

Relatedly, if Congress and legislatures really wants to mess around with public health policy in a useful way (I know, but humor me), they could stop trying to ban abortion and start banning “gay-conversion” “therapy.” 

Speaking of Congress and gays, it now looks as if former House Speaker Dennis Hastert’s indictment this week pertains to the fact that he was being blackmailed by a man with whom he apparently had sexual relations back when he was a teacher and wrestling coach, before he got into Congress. Indeed, one of the L.A. Times’s two (unnamed) sources for this information claims that Hastert’s conduct amounted to “sexual abuse,” suggesting that the blackmailer, “Individual A” in the indictment, may have been a former student. The crimes Hastert is charged with pertain to financial transactions and lying to the FBI and have nothing to do with what he was being blackmailed for. This all raises many, many questions, among them: Is the guy who was blackmailing him being prosecuted also?

The legislative whores who are screwing up N.C.’s renewable energy policy on behalf of Duke Energy and the extraction industry get called out by Apple, Google, and Facebook. I love it when large, greedy corporations turn on each other.

The 4th Circuit has smacked down the GOP legislature’s 2013 gerrymandering of Wake County school-board districts. The gerrymandering isn’t dead, unfortunately, but it’ll face higher hurdles in the trial court. Now if someone would sue over its redistricting of the Wake County commissioners …

Relatedly, a new lawsuit has been filed against the GOP-controlled legislature’s 2011 gerrymandering of the state’s legislative districts. The U.S. Supreme Court already has ordered the N.C. Supreme Court to look at them in light of its ruling in a similar case in Alabama that found that racial gerrymandering there had been inappropriate.

Gov. Pat McCrory, in a rare display of leadership and common sense, has said he’ll veto SB2, which would allow magistrates to claim religious reasons for “opting out” of their duty to issue marriage licenses to same-sex couples. Not only that — and this is a stunner — he has vetoed HB 405, the “Ag-Gag” bill. When McCrory said yesterday he’d veto SB2, Kirk Ross at the Carolina Mercury joked on Facebook that McCrory had announced his 2016 re-election campaign. But I think that’s dead accurate. McCrory is more scared of his likely Democratic opponent in 2016, Attorney General Roy Cooper, than he is of being primaried.

Now McCrory needs to veto the abortion bill (which adds a medically unnecessary and burdensome 72-hour waiting period), but I think he probably won’t: After vetoing two measures near and dear to his right-wing base, he has to demonstrate to them that he’s still capable of punching down, and those pregnant women aren’t going to punch themselves. Besides, it’s a lot easier for the guv to punch defenseless women than, say, the 4th U.S. Circuit Court of Appeals (in the case of SB2) or the AARP (in the case of HB 405).

Book banners gonna keep trying to ban books. This time, the place is Buncombe County and the book is the awesome “Kite Runner.”

DavidsonNews.Net, a shining example of hyperlocal journalism done right, closes for lack of funds after nine years. A damned shame.

El Nino means we’ll likely have a less-active-than-normal hurricane season. Thanks, kid.

Thursday, May 28, 2015 8:33 pm

Quiverfull of evil; or, Lock up Josh Duggar. And Jim Bob. And Michelle.

UPDATE: This post was originally published 5/27/2015 but was truncated during publication. I’ve attempted to reconstruct the missing portion in this version.

The headline is the short version. If you haven’t already heard all you want to hear about this toxic mix of crime, coverup, corruption, ISIS Christianity, misogyny (but I repeat myself), and bullshit — and if you have, I certainly don’t blame you — by all means read on.

First the background: There’s this Arkansas family, the Duggars. The parents, Jim Bob and Michelle, decided long ago that their weird perversion of Christianity, the Quiverfull movement (more on which anon), called on them to turn Michelle’s uterus into a clown car. As a result, they have 19 kids and became the subject of a “reality” series on TLC, “19 Kids and Counting.”

Which, well, as we here in basketball-crazy North Carolina know, any more than two and you have to switch from a man-to-man defense to zone, and that almost never works out. (Just ask my cousin Jay, whose second child was triplets.) But, hey, it is still a free country (despite the best efforts of the Duggars and their ilk; see below), so whaddayagonnado?

So, in addition to really warped notions of what constitutes responsible reproduction, the Duggars also have used their TV platform to try to make life miserable for people different from themselves. Eldest son Josh, now married with three kids (and another on the way, natch), became executive director of the Family Research Council‘s lobbying arm. That group is a fundamentalist “think” tank that has been listed as a hate group by the Southern Poverty Law Center; its primary occupations are fitting government inside your vagina, harassing gay people, and whipping up enough Christianist butthurt to try to convince those of us who aren’t Shiite Christians that Shiite Christians are, somehow, “persecuted” in the United States of America and not, say, Mongolia. (As Dave Barry would say, I am not making this up.) And Michelle Duggar recorded a robocall last year in opposition to a proposed anti-discrimination ordinance in Fayetteville, Ark.; in it, she likened gay people to sexual predators and child molesters.

This was bad enough inasmuch as there’s zero evidence that gay people are any more likely to be sexual molesters than are straight people. Now, however, it appears that every time she used the phrase “molester” or “sexual predator,” she should have added the modifier, “like my son.”

Because a police report has been located by In Touch Weekly that appears to document that the aforementioned Josh Duggar molested at least five young girls. The report was filed in December 2006 and pertained to events beginning back in 2002, when Josh was 14. Although the report is heavily redacted, additional information suggests that at least some of the five victims were his younger sisters. Since that report became public, Jim Bob, Michelle, Josh, and Josh’s wife, Anna, posted a statement on Facebook that appeared to acknowledge the truth of the report.

And it has been both fascinating and sickening to watch the outpouring of support for Josh from a bunch of so-called Christians who wouldn’t give a gay non-molester the time of day. How ridiculous has their defense of him been? Let us count the lies.

Josh just made a mistake. No, sweetie, spilling your milk is a mistake. Josh committed multiple felonies with multiple victims over an extended period of time.

All kids experiment when they’re young. A lot do, but not all; moreover, we’re not talking about youthful experimentation. We’re talking about an adolescent male — 14 and 15 when these events are reported to have happend — touching the vaginas of 4-year-olds.

All Josh did was touch them. He didn’t rape them. What, and “touching” them isn’t bad enough? We’re talking about 4-year-old victims here. Moreover, given ISIS Christianity’s attitude toward sexuality, it’s entirely possible that he had no idea that what he was doing was bad because he hadn’t had more comprehensive sex education, which might have prevented this.

Josh confessed to his parents. Well, yes — after one of his victims told his parents. He didn’t come forward on his own.

His parents told the cops. No, they told one copy, a family friend, an Arkansas state trooper named Joe Hutchens. And according to Hutchens, they only told him about a single, isolated incident, not about Josh’s pattern of behavior. (Of course, we might call Hutchens’s veracity into question, inasmuch as he’s serving 56 years on child-porn charges at the moment.) Hutchens gave Josh “a stern talk” but did not alert other authorities, even though he was legally required to do so. Unfortunately, that “report” started the clock ticking on Arkansas’s three-year statute of limitations on crimes of this type: The three years begins when the incident is “first reported to police,” even if the officer to whom it was reported, as was the case with Hutchens, didn’t do his legal duty and launch an investigation. Moreover, when a formal police investigation was opened years after the fact, in 2006, Jim Bob Duggar refused to let police interview Josh.

His parents got him counseling. Not true. They report having sent him to live for a few months with a friend who builds houses. There is conflicting information regarding whether he received “counseling” from a Christian center founded by Bob Gothard, who, years later, would be booted out of his own organization by his board after allegations from at least 34 women that he had sexually harassed them and from another five, one of whom was 16 at the time, that he had molested them.

If that description of Gothard doesn’t give you confidence in his teaching, this diagram from his organization will give you even less. Keep in mind, though, that ISIS Christianity is riddled with this kind of hyperpatriarchy, misogyny, shaming, and victim blaming, from insisting that the body of an abuse victim is “least important” to offering the conditional, “IF abused was not at fault” and the false dichotomy of “no physical abuse or mighty in Spirit” — and that the Duggars were and remain huge devotees of Gothard:
Gothard Counseling Sexual Abuse

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In short, there is no evidence in the record that Josh was ever seen by a competent, licensed mental-health professional. And that’s important, because we know that for many if not most pedophiliacs, the urge to molest never goes away; all such people can do is try to learn not to act on the urges.

The victims received counseling and forgave Josh. There’s even less evidence in the public record that Josh’s victims got counseling than there is that he did. As for forgiveness, given the misogynism and victim-blaming of this family’s culture, I’d be stunned if the “forgiveness” wasn’t coerced, particularly from the youngest victims.

Jim Bob and Michelle did everything they could. Some of these other items already give this notion the lie. I would add that at least one of the victims wasn’t an immediate family member. Did Jim Bob and Michelle fully disclose to that child’s parents or guardians what had happened? We have no evidence of that. Moreover, his parents failed to separate Josh from the younger children upon the first sign of trouble, thereby allowing him to continue to victimize them. And they failed to report evidence of a crime to a real cop, not a horribly compromised badge-wearer like Hutchens, who they knew would keep everything quiet. They’re guilty, at the least, of aiding and abetting Josh’s crimes and of criminally endangering the other children in the home (plus any friends or young relatives who might visit). They should go to prison, too.

It’s all over with, now, isn’t it, so why is everyone still talking about it? I can think of one very important reason why we need to keep talking about it. Roughly one in three male child molesters was molested himself as a youth. That means that there is a nontrivial chance that Josh was molested, by one or both of his parents and/or by some other adult they felt comfortable having around Josh. Whoever might have molested Josh presumably still has access to the children remaining in the home. So molestation might still be going on. Besides, Josh has three kids himself. Are they being protected from him? His wife seems to think this is “all in the past,” when it might not be at all.

Well, “19 Kids” has been TLC’s most successful series, but all that ickiness was too much for the network, which has pulled reruns from its schedule (but hasn’t said whether it will cancel the show outright), and for advertisers, who are fleeing in droves.

It would be nice to think that Josh Duggar will suffer earthly consequences for his actions, but the truth is that other than losing his job, it’s unlikely. It would be nice to think that Jim Bob and Michelle will learn enough from this experience to stop trying to hold up clown-car procreation as a model lifestyle, but that won’t happen either. For one thing, they crave the attention. For another, the Duggars and others in the Quiverfull movement really do believe that the way to defeat the heathen is to outbreed them. It’s a war, and the women are being drafted.

And what can we say about the Duggars’ hypocrisy on the subject of … well, pretty much everything, but especially their habit of likening gay people to molesters while harboring a molester of their own? That would require a whole ‘nother blog post, but I’ll just leave you with this: During Jim Bob’s 2002 campaign for the U.S. Senate in Arkansas, during the last two months of which he was hiding Josh’s secret, he said that incest should be punishable by death. Wonder if he still feels that way.

 

Wednesday, May 27, 2015 8:14 pm

Odds and ends for May 27

Back from vacation. Let’s get to work, shall we?

The U.S. government is still good for something — in this case, finally taking on the continuing criminal enterprise that is FIFA. (My daughter has been saying for two years that the organization’s leaders were committing fraud and worse. She’s 16.) I suspect the reason we’re doing it instead of, say, Switzerland, is that we can — because soccer’s popularity here is so low that no one will raise much of a defense of the indefensible.

I love this pope. He has been, in the opinion of this outsider, better for the Roman Catholic church than anything since Vatican II. But he still has a couple of enormous moral blind spots.

Paid Microsoft support for the U.K. government’s many computers still running Windows XP ran out in April 2015. The transition to Windows 7 or 8.1 was supposed to be complete by now, but it isn’t for many government agencies, which will have to negotiate their own, much more expensive service deal with Microsoft. Meanwhile, those machines aren’t getting any more security upgrades and thus could become vulnerable to hacking. (I have a perfectly good XP machine that isn’t powerful enough to run Win7, so when Microsoft stopped providing security updates to consumers a year ago, I turned it into a Linux machine. Still works like a charm.)

My heart and some of my money are going out to the victims of Texas tornadoes and flooding. But I’ve got to point out a couple of things. First, the increasing severity of storms such as this is a direct result of increased mean atmospheric temperature. As we learned in school, the warmer air is, the more moisture it can hold, and the more moisture is in the air, the more severe storms are. So global-warming denialists in Texas, particularly in its government, really need to sit down and shut up now. Second, I assume that all the hot air from Texas politicians about the Jade Helm military maneuvers will now cease while those same politicians ask the federal government for millions in disaster relief. Right?

Quasi-relatedly, as H.L. Mencken observed (sort of), it is difficult to make a man understand something when his bonuses depend on his not understanding it. That’s especially true of climate-science deniers and extraction-industry executives. (Note that the market value of remaining extractable carbon fuel runs into the dozens of trillions, and we’d only need to burn another $1 trillion worth to screw ourselves sideways, climate-wise.)

Related to that, crony capitalism continues in Raleigh as extraction interests continue using their bought-and-paid-for legislature to fight solar energy. They have become more vicious because they are more desperate: They know that solar will become economically feasible for replacing more than half of global electricity generation within the next 10 years.

The Supreme Court ruled debtors’ prisons unconstitutional more than 30 years ago, but that hasn’t stopped a lot of places from jailing people just because of fines and/or fees they couldn’t pay.

Pretty much everyone who isn’t working in the White House or Congress understands that the NSA’s vast warrantless data-hoovering surveillance program isn’t worth what it is costing us in liberty. So, of course, N.C.’s senior senator, Richard Burr, is arguing for more of it.

At what point is N.C. Gov. Pat McCrory going to realize that the person running the state Department of Health and Human Services, Aldona Wosis incompetent?

And at what point will N.C. voters realize that McCrory himself is incompetent? He has staked his re-election on two proposed bond issues, one for highways and the other for other infrastructure — and hoping that voters won’t realize that if not for his misguided leadership and that of his legislative pals, much of this work could have been done through the ordinary state budgeting process, rather than sinking the state $2.8 billion into debt.

North Carolina doesn’t want to kill messengers. It only wants to sue and/or imprison them.

State officials (which is to say, mainly, state Republicans) are now into their fifth year of arguing that climate change isn’t really a thing, apparently not realizing or caring that “the Atlantic isn’t waiting to see who wins the argument.

Speaking of resisting the inevitable, N.C. lawmakers are still trying to stop gay marriage by unconstitutional means.

The chairman of the UNC System’s Board of Governors, John Fennebresque, says he wants a “change agent” to replace politically fired UNC System president Tom Ross. But he won’t say what he wants changed and says the board doesn’t have a job description even as it runs a nationwide search for Ross’s successor. Let’s be real clear here: Fennesbresque and the board wouldn’t come out and say they fired Tom Ross for political reasons because they knew the public wouldn’t stand for it. And they aren’t saying what they want Ross’s successor to do for the very same reason.

Steven Long, vice chairman of the academic planning committee of the UNC System’s board of governors, says regarding program eliminations, “We’re capitalists, and we have to look at what the demand is, and we have to respond to the demand.” No, schmuck. Education is a public good, and the state university system has a duty to provide benefits to the state as a whole, not just students whose preferred  majors happen to be momentarily popular.

So Charter Communications may buy Time Warner Cable, my personal cable/Internet provider. Is there any reason to think this would mean anything but higher prices and crummier service? Thought not.

Whew. I need another vacation.

 

Tuesday, May 26, 2015 6:17 pm

Hey, Alabama judges, what part of the LAW don’t you understand? (Besides all of it, I mean.)

Earlier this year, a federal appeals court struck down Alabama’s ban on same-sex marriage, as federal district and appeals courts (with one exception) have been doing across the country. The day after that happened, a nondenominational Christian minister named Anne Susan DePrizio agreed to marry a same-sex couple, as the federal appeals court entitled her to do.

Which would be fine, except for the part where Alabama is Bat Country, a third-world morass of corruption, stupidity, willful ignorance, hyperpatriarchal theocracy, and outright dickitude that leaves Mos Eisley in the dust as a wretched hive of scum and villainy.

Because Alabama is Bat Country, etc., Alabama Chief Justice Roy Moore, a Shiite Christian and virulent homophobe, ordered all Alabama probate judges to ignore the federal appeals court’s ruling. This would be the same Alabama Chief Justice Roy Moore who already got fired once, in 2003, by the Alabama Court of the Judiciary for disregarding a federal court order regarding establishment of religion, but was voted back into office in 2012 because Alabama voters haven’t got the brains God gave a billygoat. Not that I am bitter.)

So this judge, Al Booth, decided that Moore’s (illegal) order gave him the right to have DePrizio arrested on “disorderly conduct” charges. Booth even claimed he had a duty to do so in light of Chief Justice Moore’s (illegal) order. DePrizio turned the other cheek, pleaded guilty to the disorderly conduct charge May 18, and will serve 30 days.

Which, you know, God bless her for living out her faith, but were I her, I’d not only be fighting the charge as far up the ladder as it took, I’d also be seeking judicial sanctions against Moore and Booth. I’m thinking 30 days apiece for contempt might make an impression. At the very least, it would make deserving examples of them.

Because the constitutional issue is straightforward here: DePrizio sought to act not only within the scope of what is permitted under civil law but also within the scope of her First Amendment right to free expression of her religious beliefs. She believes that it’s utterly cool with God for her to marry same-sex couples. The government has no right to interfere with that belief, let alone label it “disorderly conduct” as long as she’s not disrupting traffic or scaring the horses.

Me, I’d be willing to give Booth another chance, but Roy Moore has long since exhausted his right to be on the public tit. And since Alabama is a net taker of federal revenue, that means an assload of American taxpayers are subsidizing his salary. That boy needs an escort into the private sector. Yesterday. Can I get an amen?

Friday, April 10, 2015 8:54 pm

Odds and ends for April 10

Vox.com has created an interactive map showing at least some information on each of more than 5,600 officer-involved homicides dating to 2000. The data are badly incomplete, and Steve Buttry and others have noted that it would be nice if the data were searchable in some ways that they currently are not. But what’s there is scary, and depressing, enough.

Looks like overzealous New York cops may have finally messed with someone with the resources to mess back.

It isn’t Facebook whose mantra is “Don’t be evil,” and here’s one reason why.

Some liberal sites like Newscorpse are arguing that this Roger Ailes statement means he’s admitting Fox News isn’t news but entertainment. That’s true, but I don’t think Ailes is admitting it. Rather, I think he’s talking about competing with TNT, USA, and ESPN merely in terms of audience ratings and share, not content, and that the other interpretation is an unsupported reach.

I admire Simon Schräder’s initiative and creativity even as I hope and expect that his freedom-of-information request will be unsuccessful.

So with its very viability under attack by the N.C. General Assembly, the UNC system decides that its biggest problem is … raising salaries for chancellors? Way to paint a bulls-eye on yourselves, guys.

Its leaders keep saying the legislature’s top priority is jobs, but as the man said in “48HRS,” we all know the truth’s a little different. My friend Susan Ladd continues to call out the legislature for its efforts to shrink state government until it fits inside your uterus.

Duke Energy got off with a $25 million slap on the wrist for contaminating groundwater in New Hanover County. Naturally, it is whining about that.

Two magistrates who left their jobs rather than issue marriage licenses to same-sex couples as now required in N.C. by court order are — duh — suing, claiming that their religious rights were violated. Here’s hoping a court swiftly and violently upsides them with the clue stick because I have had it with religious wingnuts and their oh-so-tender fee-fees. If y’all want to know what violation of religious liberty really looks like, Kenya can show you.

The News & Record’s Joe Killian eviscerates the Rhino Times’s fake poll on SB 36, Sen. Trudy Wade’s bill to create a GOP-controlled City Council in a city that’s two-thirds Democratic because they can’t seem to win at the polls.

My friend Linda Hoopes, a psychology Ph.D. with a special interest in resilience — how people respond to and recover from adversity — now has a weekly radio show and podcast, Resilience Radio. It airs live at 4 p.m. Eastern time on Mondays.

Damn. CLT Blog, one of the most innovative and journalistically successful citizen-journalism efforts around, has given up the ghost after 6-plus years. (h/t: @underoak)

Study: People who curse a lot are f—–g awesome.

Thursday, April 9, 2015 8:22 pm

Odds and ends for April 9

Sorry, guys, I was on the road today, so I ain’t got much.

The Rhino Times commissioned a push poll by a conservative chop shop to make it appear there is more support for a measure to redistrict Greensboro City Council than there actually is. Doug Clark at the N&R calls them out on it.

Meanwhile, some Wake County voters have sued over the recent changes to the Wake Board of Commissioners imposed by the Republican-controlled General Assembly.

In other popular stuff carried out by the Republican-controlled General Assembly, a lot of middle-class North Carolinians saw their state income taxes go up this year. But hey! Tax cuts for the wealthy and big bidness!

Why Stephen Curry, and not James Harden, should be this year’s NBA MVP. (I mean, besides Davidson. Duh.)

Monday, April 6, 2015 7:39 pm

Odds and ends for April 6

Apparently Jeb Bush listed himself as Hispanic when he most recently registered to vote in Florida, which would be hilarious and all except that putting false info on a Florida voter-registration form is a third-degree felony.

Now that Columbia University’s report on the now-retracted Rolling Stone article about rape at the University of Virginia has been made public, how successful is the Phi Kappa Psi fraternity likely to be in its planned lawsuit against the magazine? Eugene Volokh at the Washington Post discusses it.

The Supreme Court is letting a lawsuit against the state of North Carolina over its new voting restrictions move ahead to trial. Good.

Today’s Braves-Marlins game in Miami was delayed by rain in the second inning. Despite the stadium’s having a retractable roof.

Now he’s just showing off: Long Island high-school senior Harold Ekeh got accepted at all eight Ivy League colleges.

 

Sunday, April 5, 2015 10:35 pm

The post-mortem on Rolling Stone’s rape-at-UVa article: You say your mother loves you? Check it out.

UPDATED below.

Report by Columbia here; the key bits (emphasis mine):

The particulars of Rolling Stone‘s failure make clear the need for a revitalized consensus in newsrooms old and new about what best journalistic practices entail, at an operating-manual-level of detail. … The magazine’s records and interviews with participants show that the failure of “A Rape on Campus” was not due to a lack of resources. The problem was methodology, compounded by an environment where several journalists with decades of collective experience failed to surface and debate problems about their reporting or to heed the questions they did receive from a fact-checking colleague.

In retrospect, [Will] Dana, the managing editor, who has worked at Rolling Stone since 1996, said the story’s breakdown reflected both an “individual failure” and “procedural failure, an institutional failure. … Every single person at every level of this thing had opportunities to pull the strings a little harder, to question things a little more deeply, and that was not done.” …

Yet the explanation that Rolling Stone failed because it deferred to a victim cannot adequately account for what went wrong. [Article author Sabrina] Erdely’s reporting records and interviews with participants make clear that the magazine did not pursue important reporting paths even when Jackie [the pseudonym the magazine used for the purported victim] had made no request that they refrain. The editors made judgments about attribution, fact-checking and verification that greatly increased their risks of error but had little or nothing to do with protecting Jackie’s position. …

In hindsight, the most consequential decision Rolling Stone made was to accept that Erdely had not contacted the three friends who spoke with Jackie on the night she said she was raped. That was the reporting path, if taken, that would have almost certainly led the magazine’s editors to change plans.

I may or may not have more to say about the details later, after I have re-read the report, but I can say this just as I did soon after questions about the report arose: Failure to independently verify a primary source’s claims is journalistic malpractice, and the article’s author, Sabrina Erdely, manifestly failed to independently verify her primary source’s claims — and in some instances didn’t even try. And the article’s editor, Sean Woods, and the magazine’s managing editor, Will Dana, were aware of holes in Erdely’s reporting and let the article run anyway.

Rolling Stone’s fact-checker assigned to the case raised questions that the editors ultimately failed to answer. The report quotes Coco McPherson, the fact-checking chief, as saying, “I one hundred percent do not think that the policies that we have in place failed. I think decisions were made around those because of the subject matter.” It’s not clear whether McPherson means “around” as a synonym for “about” (an increasingly common usage I despise precisely because it creates confusion like this) or whether she means that the policies are fine but were bypassed in this case.

At any rate, fact-checking is worthless if discrepancies that are found aren’t fully investigated. Rolling Stone’s fact-checker (who isn’t named in the report because she had no control over the ultimate content of the article) appears to have done her job — and to have been ignored by Erdely, with the complicity of Woods and Dana. McPherson, the fact-checking chief, is basically saying that Woods and Dana ignored her employee’s work because of the sensitivity of working with a primary source who claimed to have been a sexual-assault victim. If in fact that was the case, well, that’s not good enough.

I don’t think, contrary to some accusations, that Erdely fabricated the story. But she deferred excessively to a source whom even minimal attempts at verification would have shown to be questionable. And Wills and Dana didn’t demand enough documentation. The question remains why. McPherson has her theory, but Wills and Dana themselves don’t say. We may never know. We can only speculate. And I imagine that the culture warriors all along the spectrum are ready, willing, and able to serve up piping-hot scenarios that might or might not bear any relationship to reality.

Beyond that, this episode has probably made life harder for women who have been sexually assaulted — it provides fodder for people of bad faith who want to argue that sexual assault isn’t a big problem or a big deal, and that false reports are common. Erdely, Woods, and Dana owe their readers an apology, but they owe these survivors an even bigger one.

As of this writing, Rolling Stone publisher Jann Wenner is saying no one at the magazine will be disciplined, and Erdely will continue to write for the magazine, because he believes that the errors were unintentional. Not that what I think matters, but I think all three should be fired. Checking facts is Journalism 101, even for news outlets without the resources and fact-checking infrastructure of a Rolling Stone. The quantity and quality of the unforced errors that led to the publication of this unsupported story are simply too egregious to be ignored.

UPDATE: Reaction from some others in or formerly in media.

UPDATE: Columbia Journalism Review interviews the report authors.

UPDATE: Erdely’s public apology. Note that she did not apologize to Phi Kappa Psi, the fraternity named in the article and an organization that suffered real, albeit not life-shattering, consequences.

UPDATE: The Washington Post’s Erik Wemple summarizes the report and lists those victimized by the Rolling Stone article.

I also recommend that you read press critic Jay Rosen’s take whenever it appears on his site, Pressthink.org. As of midnight Sunday, he hadn’t posted yet, but he has said his take is in progress. UPDATE: It’s here, and I quote from it Rosen’s discussion of an important angle that the report authors didn’t consider in any depth:

5. The most consequential decision Rolling Stone made was made at the beginning: to settle on a narrative and go in search of the story that would work just right for that narrative. The key term isemblematic. The report has too little to say about that fateful decision, probably because it’s not a breach of procedure but standard procedure in magazine-style journalism. (Should it be?) This is my primary criticism of the Columbia report: it has too little to say about the “emblem of…” problem.

6. Not that it’s entirely missing. The basic facts are there:

Erdely said she was searching for a single, emblematic college rape case that would show “what it’s like to be on campus now … where not only is rape so prevalent but also that there’s this pervasive culture of sexual harassment/rape culture,” according to Erdely’s notes of the conversation.

Idea: Maybe “a single, emblematic college rape case” does not exist. Maybe the hunt for such was ill-conceived from the start. Maybe that’s the wrong way for Rolling Stone to have begun.

7. This is from Paul Farhi’s Nov. 28 account in the Washington Post:

So, for six weeks starting in June, Erdely interviewed students from across the country. She talked to people at Harvard, Yale, Princeton and her alma mater, the University of Pennsylvania. None of those schools felt quite right. But one did: the University of Virginia, a public school, Southern and genteel, brimming with what Erdely calls “super-smart kids” and steeped in the legacy of its founder, Thomas Jefferson.

None of those schools felt quite right. What kind of “feel” is this? It’s feeling for a fit between discovered story and a prior — given — narrative.

8. “Mr. Dana said the article stemmed from a feeling he and other senior editors had over summer that the issue of unpunished campus rapes would make a compelling and important story,” read Ravi Somaiya’s Dec. 7 report in the New York Times. There’s the prior narrative I mentioned. It didn’t start with Sabrina Rubin Erdely. She was sent on a search for where to set it.

Rosen also makes clear just how badly Rolling Stone screwed up in its reliance on “Jackie” as a primary source:

14. Part of what made Rolling Stone editors vulnerable to the “emblem of…” problem was some seriously dated thinking about credibility, in which it’s said to be sort of like charisma. You have charisma or you don’t. You “have” credibility or you don’t. If a source is felt to be credible, the entire story can ride on that. Your colleagues are credible, so it doesn’t occur you to ask if they could all be missing something.

A dramatic high point for this kind of thinking comes during Hannah Rosin’s incredible podcast interview with Sabrina Erdely. Rosin asks near the end of it: If you were Jackie’s lawyer, how would you prove her case? (Go to 6:35 on this clip and listen.) The author’s reply: “I found her story to be very— I found her to be very credible.”

15. It’s almost like, if you have credibility you don’t need proof. That’s an absurd statement, of course, but here’s how they got there (without realizing it.) Instead of asking: what have we done in telling Jackie’s story to earn the skeptical user’s belief? you say: I’m a skeptical journalist, I found her story believable, so will the users. Voilà! Credibility. Will Dana is one of the best editors in New York. Who “has” more credibility than him? No one! He finds her story believable. Doesn’t that “give” it credibility too?

In short, journalism is supposed to be built around the discipline of verification … and the people and process that led to Rolling Stone’s story were utterly undisciplined.

UPDATE: Mediagazer links to other sources on the story, some of which duplicate items above, here.

UPDATE: Several years ago, the Center for Public Integrity published a series of articles on campus sexual assault. While the details of the cases discussed might not be as spectacular as those in Rolling Stone’s article, the reporting is far better documented.

UPDATE: I should have disclosed earlier that I once sold an article to Rolling Stone, back in 1986. I’ve had no dealings with them since.

Odds and ends for April 5

He is risen. He is risen indeed.

Cops in California are using a 1930s-era anti-lynching statute to intimidate protesters. Prosecutors so far have declined to press those charges, but it’s only a matter of time until a right-wing nutjob decides to try to make an example of someone.

Speaking of California, its people are in serious denial about its extreme drought, now in its fourth year. About 94% of the state considers the drought serious, but 61% still favor voluntary measures to deal with it. Y’all need to wake up.

Likely presidential contender and perennial horse’s ass Mike Huckabee thinks I’m a member of the “militant gay community,” inasmuch as that’s whom he’s blaming for the backlash against Indiana’s bigoted “religious freedom” statute. Who knew that Christians who take the Second Great Commandment seriously were militant gays? My wife certainly had no idea.

We have a system that treats you better if you are rich and guilty than if you are poor and innocent and this case proves it.” (Previously.)

In Florida, relatives of officers of for-profit charter-school companies are enacting legislation to divert money from public schools to charter schools. But none dare call it a conflict of interest, let alone a crime.

Randi Harper, somewhat unwillingly turned into an activist by GamerGaters and perpetrators of online violent and/or sexual threats, got SWATed — someone called in a false tip to police that led a SWAT team to raid her apartment. Her experience could have ended with her dead, or at least her dog. Fortunately, both are alive and well. She talks about what you need to do to protect yourself from such potentially deadly “pranks.” For the record, given the risk of gunplay anytime heavily armed cops storm a home, I think this “prank” should be treated as attempted manslaughter, at least. (h/t: Chip)

Investigative reporter Seymour Hersh draws a useful distinction between what he does and much of the “news” you see in print and online today: Instead of taking a tip and building it into a story, too many reporters just run the tip.

 

Friday, March 20, 2015 5:17 pm

“What’s the recourse if you make a mistake?” redux; or, shouting Cameron Todd Willingham’s name from the rooftops

More than five years ago, I wrote about the Texas murder case of Cameron Todd Willingham, who was facing the death penalty (and later was executed) for the arson murder of his three daughters. Now, misconduct charges have been filed against the prosecutor in the case.

A disciplinary petition in Navarro County, Texas, accuses then-prosecutor John Jackson of obstruction of justice, making false statements, and concealing evidence favorable to Willingham’s defense:

“Before, during, and after the 1992 trial, [Jackson] knew of the existence of evidence that tended to negate the guilt of Willingham and failed to disclose that evidence to defense counsel,” the [State Bar of Texas] investigators charged. …

The bar action was filed March 5 without any public announcement. It accuses Jackson of having intervened repeatedly to help a jailhouse informant, Johnny E. Webb, in return for his testimony that Willingham confessed the murders to him while they were both jailed in Corsicana, the Navarro County seat.

Webb has since recanted that testimony. In a series of recent interviews, he told the Marshall Project that Jackson coerced him to lie, threatening a long prison term for a robbery to which Webb ultimately pleaded guilty, but promising to reduce his sentence if he testified against Willingham.

The ironic thing is that Jackson told the New Yorker while Willingham was still alive that he personally opposes the death penalty. “What’s the recourse if you make a mistake?” he rhetorically asked an interviewer. Perhaps he’s about to find out, although he’s seeking a jury trial on his misconduct charges and I agree with him that it’s quite possible no Texas jury will vote to convict a prosecutor.

But even if he is convicted on all charges, what’s the worst that happens? He loses his law license. He gets fined. He quite possibly doesn’t spend a single day in jail. Frankly, next to executing an innocent man, that seems like pretty small beer.

So if we’re going to continue to have a death penalty — and I remain devoted to it in principle — then there needs to be a serious, serious penalty for prosecutorial misconduct in criminal cases. As I wrote in 2009:

The practical part of me thinks that it would be much the easiest choice simply to end capital punishment, making the maximum sentence life without parole. It would save dramatically on legal expenses for both states and defendants, it would cut the appeal time, it would bring cases to closure more quickly (which would be easier on victims’ families) and it would erase the possibility of the state’s making the one mistake it cannot unmake.

And yet philosophically I still believe there is value, in the cases of the most heinous murder cases, in an eye for an eye. I believe that on an emotional level that, after almost 50 years on this planet, I doubt fact and logic will ever change. But I also feel obliged to suggest a possible solution to the conundrum.

So here’s what I’ve come up with:

If it ever can be shown that the state has wrongfully executed an innocent person even though a fair exculpatory case existed before the execution, then we also should put to death the prosecutor and judge in the case. If a parole board ever commits the kind of dereliction of duty displayed in Willingham’s case with the result that an innocent person is executed, the board members who voted for execution should be put to death. If a governor can be shown to have denied clemency to an innocent prisoner even in the face of exculpatory evidence, as Texas Gov. Rick Perry appears to have done, the governor should be put to death.

Then and only then, my friends, will we know that the accused is guilty beyond a reasonable doubt.

It was true five years ago. It is true today. And I pray for John Jackson’s soul as I pray for the late Cameron Todd Willingham’s.

 

 

Friday, March 13, 2015 8:14 pm

Odds and ends for March 13

Charlie Pierce at Esquire has written the best big-picture analysis of what the GOP is up to that I’ve seen anywhere. They really don’t want a United States as you and I think of it. Dana Milbank at The Washington Post also addressed this issue, but largely in silly fashion.

For the record, after re-reading the Logan Act, I have changed my mind: I now think the 47 senators who signed that letter to Iran violated it. No, Nancy Pelosi’s visit to Assad doesn’t count because a bunch of Republican congresscritters also visited Assad just days before and after she did. No, the Democrats’ 1984 letter to the Nicaraguan government doesn’t count because basically all they did was ask for free elections, which the Reagan administration also wanted, or said it did. I realize nothing will happen to the 47 (and that Obama would be impeached immediately if his Justice Department made any moves in that direction), but this is worth documenting as another case in which Republicans broke the law and got away with it.

Did Scott Walker, the Wisconsin governor and likely GOP presidential candidate in 2016, totally pull a story out of his rear end about having been anointed by Nancy Reagan to carry on in the spirit of the Gipper? Signs point to yes.

North Carolina is going to start issuing fracking permits on Tuesday. Not only do we not have, as promised, the best air-quality regulations in the nation regarding fracking, we don’t have any air-quality regulations regarding fracking at all. Your Republican state government at work, folks. And if they don’t care about the air, what makes you think they give a damn about your water?

The N.C. Senate officially doesn’t give a damn about at-risk kids in the state’s public schools. Ending the requirement for an individual education plan means nothing specific will be required to happen for any particular student and no one will be held accountable when it doesn’t. This doesn’t end the federally-required Individual Education Plans for special-needs students, but I’m sure Richard Burr, Thom Tillis and Mark Walker are working on that.

The N.C. GOP says it’s gonna start listening to people. That’s a laugh. If they wanted to listen to people, they could start by killing SB36 and SB181, the unsolicited, unnecessary, not-at-all-an-attempt-to-dilute-Democratic-voting-strength efforts to redistrict the Greensboro City Council and the Wake County commissioners, respectively.

So Florida has banned the use of the phrases “global warming” and “climate change” in state documents? Pikers. North Carolina did that years ago.

You can’t make this up: Indiana State Rep. Justin Moed, a Democrat, got caught sexting … with the same woman Anthony Weiner got caught sexting with.

This is cool, and I did not know about it before: In March 1944, in blatant violation of Jim Crow laws in force at the time, Duke University’s (white) basketball team played the team from N.C. College for Negroes (now N.C. Central University). And the Eagles gave the Blue Devils a righteous ass-whipping.

Tomorrow, 3/14/15, is Pi Day, so at 9:26:54 a.m. and p.m., you should eat pie. Just because. Also, no doubt to your vast relief, you can stop trying to square the circle; pi says it’s impossible.

 

Friday, March 6, 2015 8:11 pm

Odds and ends for March 6

America has a cop violence problem. And, as is so often the case with America, we have to admit we have a problem before we can fix it.

One of the reasons you don’t order people to commit war crimes is because of the damage it does to those who must carry out those orders … as Israel is now finding out.

The Republican National Committee is only allowing “conservative” news outlets and personalities to cover the 2012 GOP primary debates. Of course, with that clown car, “conservative” probably means “batshit.”

Arkansas State Rep. Justin Harris might just be the worst person you’ll read about all year.

When the UNC Board of Governors met in closed session to fire Tom Ross, they voted for a resolution that they wouldn’t talk about the firing and would refer all questions to board chair John Fennebresque, who appears to have gotten his P.R. degree from the Iraqi Ministry of Information. Only one board member voted against the resolution: Greensboro’s Marty Kotis. Thank you, Marty.

As the GOP Klown Kar of batshit presidential candidates barrels down the road, one of the Klowns, Ben Carson, is named to speak at the Pope-Civitas Institute’s Conservative Leadership Conference. You may know Carson from such hits as “People go into prison straight and come out gay” and, “No, really, fellow Republicans, I am NOT crazy.”

Not content with screwing with Greensboro’s City Council districts, state Senate Republicans are now mucking with the Wake County Commissioners’ districts in the wake of a throw-the-bums-out election in November in which a Democratic slate sent a bunch of GOP incumbents packing. Coincidence? Like Gibbs, I don’t believe in coincidence. (Full disclosure: One of those Dems, John Burns, is an online friend of mine and fellow Davidson grad to whom I have given campaign contributions, and I’ve got two sibs who live and pay taxes in Wake County.)

State Supreme Court Justice Mark Martin recently told the legislature that the state’s courts are in very bad shape and need $30 million to fix. (Hell, their computer system was antiquated back when I was still a reporter, and that was six years ago.) So Gov. Pat McCrory’s new budget? Provides only $6 million in new money.

Former UNC offensive lineman Ryan Hoffman is living on the street, plagued by problems that might well be the result of chronic traumatic encephalopathy — brain injuries — from playing football. Ironically, some of the most cutting-edge research on CTE and brain injuries is being carried out at UNC. Here’s hoping they can help the player they once exploited.

 

Wednesday, March 4, 2015 9:21 pm

Odds and ends for March 4

As my cat might say: OHAI. I haz had a gone. Now I haz a back.

Hey, we finally got a clean bill to keep the Department of Homeland Security open! Now was that so hard, John Boehner? (Or maybe it was, but, anyway, it’s always good to see Republicans eating their own.)

Just a thought, courtesy of Sen. Bernard Sanders, I-Vt.: Saudi Arabia has the fourth-largest military in the world, so explain to me why U.S. troops are obligated to fight ISIS?

Ben Carson, a doctor whom some carbon-based life forms want to be president, believes that prison turns straight people gay because they choose to be. Or something equally insane; I’m not sure. The derp got too thick to read through.

The Supremes heard arguments today in King v. Burwell, the case that supposedly is going to explode Obamacare. Justice Anthony Kennedy didn’t quite tear plaintiffs a new one, but he sure seemed sympathetic to the government’s case — and hospital stock prices rose accordingly.

The idiots on the Alabama Supreme Court have decided that the federal judiciary is not the boss of them regarding same-sex marriage. We had this discussion about which court is the boss of which already. In 1860. Spoiler: It ended poorly for Alabama.

Perhaps no major American pundit has been more loudly and frequently wrong than David Brooks, so Flying Spaghetti Monster bless the blogger Driftglass, whose chronicles of Brooks’s unpunished and deadly wrongness will be essential reading in journalism courses a century from now. This is just one tasty example.

There is a club. You and I are not in it.

There’s gonna be a NASCAR race this year called the SpongeBob SquarePants 400. I am absolutely not making this up. As Ed Thomas says on Facebook, it’ll be interesting to see how they dry the track when it rains.

 

 

 

Tuesday, February 17, 2015 7:06 pm

Odds and ends for Feb. 17,

Seasalt & Co. offers a grade-A example of how not to do corporate communications. Pro tip: Threatening to sue people for what they say about your marketing materials is never a good idea.

President Obama’s executive action on immigration is on hold while a lawsuit against it by a number of states proceeds. IANAL, but from what I could tell, this looked legal to me — and not horribly different from what Reagan did 30 years ago. A district judge thinks there are tryable issues of fact and/or law, but his opinion reads like a long string of GOP talking points and judicial activism, not a finding of fact and determination of law, so we’ll see.

N.C. gets a winter storm, and Transportation Secretary Tony Tata is … promoting a book on cable news. In fairness, 1) It hasn’t been THAT bad as storms go, 2) the Highway Patrol, local police, and local and state emergency-management are probably up to the job without Tony’s help, and 3) his appearance probably was scheduled well before we knew the storm was coming. But the optics aren’t very good.

The N.C. Department of Health and Human Services has extended its no-bid contract with a D.C. consulting firm to roughly $8 million. The firm made a $12,000 contribution to the Republican Governors Association in 2012 that found its way into now-Gov. Pat McCrory’s 2012 campaign. DHHS still hasn’t fixed its long string of problems, however.

N.C. state taxpayers should be glad the state’s business-incentive program doesn’t like to bet the ponies. We’d go broke fast.

Chapel Hill triple-homicide suspect Craig Stephen Hicks has been indicted on three counts of first-degree murder and one count of shooting a firearm into an occupied dwelling, a felony. The death penalty remains a possibility, although the DA hasn’t indicated whether he’ll seek it.

N.C. State Sen. Jeff Jackson, D-Mecklenburg, was the only legislator to go to work during today’s snow day in Raleigh. To judge from his Twitter feed, he got an AMAZING amount of work done; I’ve Storified the relevant tweets here.

Monday, February 16, 2015 7:34 pm

Odds and ends for Feb. 16

Greetings from — well, not Snowmageddeon; I guess that’d be Massachusetts.

In the words of my friend Joe Killian, go home, N.C. Ethics Commission. You’re drunk.

If they ever remake “The Breakfast Club,” I’ve found the guy who can play the principal. He’s a principal.

It’s looking less likely now, but if SCOTUS rules against the government on Obamacare in King v. Burwell, insurance exec Richard Mayhew at Balloon Juice has a legislative fix, short and satisfying.

In the sentencing of three white men convicted of killing a black man, U.S. District Judge Carlton Reeves, only the second African American to serve on the federal bench in Mississippi, gave a smackdown for the ages.

Probably not for the first time, the state of Texas is set to execute an innocent man.

It’s her funeral and we’ll cry if we want to: Singer Leslie Lesley Gore is dead at 68.

Tuesday, February 10, 2015 7:28 pm

Odds and ends for Feb. 10

Terrorists are winning the war on terror, primarily because, more than a decade after 9/11 and despite all the costly lessons we’ve learned since then, the U.S. persists in playing the terrorists’ game instead of its own.

Dean Smith‘s public memorial will be 2 p.m. Sunday, Feb. 22, in the Smith Center. Which leads me to wonder: Where will they hold Billy Graham‘s, once he passes on? Bank of America Stadium? Charlotte Motor Speedway? The National Mall?

There’s just one teeny-weeny little problem with the four plaintiffs in King v. Burwell, the case now before the Supreme Court that could, perhaps, lead to the Affordable Care Act’s being struck down: None of the four appears to have standing to be suing in the first place.

Could the hammer at long last be coming down on rogue Swiss(-ish) bank HSBC? I’ll believe it when/if it happens, but the Honorable Senator Professor Warren is on this like white on rice. (And just how rogue? Check this out.)

Jim Crow lynchings: significantly more common than previously reported.

I’m not the brightest bulb in the fixture, but I could tell in 11th grade U.S. history that “right-to-work” was Orwellian doublespeak. Unfortunately, that ain’t all it is.

Debtors’ jail, ostensibly illegal in the U.S., apparently is alive and well in Ferguson, Missouri. A lawsuit seeks to change that.

“Trials” at Guantanamo: No, Casey, nobody here can play this game.

If you’ve never worked in newspapers, you probably thought newspaper executive editors couldn’t get any stupider, and that if they did, it wasn’t your fault as a reader. You were wrong, as Robert Price of the Bakersfield Californian is pleased to demonstrate:

Several weeks ago, [director of audience development] Louis [Amestoy] and I introduced a set of new expectations for reporters and editors. Chief among them was that reporters and editors shall write publishable content every single day. Not blow-out, eight-source 30-inchers (although they have their place), but quick-hit 4-inchers based on as few as a one source or even personal observation — “what I saw driving in to work” stories. So far I have seen almost none of these.

These are required and will be measured on your annual reviews (which are coming up). Please think about how you might start creating these. If you’re like me, you may think some stories (weather related, seen on a business marquee, etc) just don’t clear the bar of importance. Not true, in most cases. Readers gobble this stuff up. [emphasis added; along with the unmistakable sound of Our Lord and Savior weeping bitterly]

#StealAlltheGrammys According to Google, Annie Lennox, Kristen Wiig, Prince (“almost”), Kanye West, Sam Smith, Frank Ocean, and Pharrell Williams’s funky park ranger hat, among others, “stole the Grammys.” Thought you’d want to know.

 

 

Saturday, February 7, 2015 11:11 pm

Odds and ends for Feb. 7

“Pro-life” Sen. Richard Burr doesn’t really give a rat’s ass if you or your unborn baby dies.

A British court has found seven years’ worth of surveillance by the UK’s counterpart to the NSA to be illegal. Question: Will anyone be punished? Answer: BWAHAHAHAHAHAHA …

So Brian Williams is giving himself a paid vacation while he waits for the stink about his lying about his Iraq experience to blow over. Yes, he should be fired. No, he shouldn’t be the only person to suffer consequences for lying about Iraq.

Rummage in your bedside cabinet; the current condom shortage in Venezuela has boxes going for the equivalent of $755US.

‘Night, y’all.

Wednesday, February 4, 2015 8:34 pm

Odds and ends for Feb. 4

The FCC comes out plainly in favor of ‘Net neutrality. That’s wonderful, but the devil will be in the details of the regulations, which have yet to be written.

Former Michigan attorney general Andrew Shirvell must pay $3.5 million in damages to a gay college student whom he stalked online and in real life. Dude, wouldn’t asking him out, getting shot down, and then moving on with your life have been  a lot cheaper?

A creationist theme park in Kentucky that wants both $18 million in state tax credits AND the right to discriminate on the basis of religion has sued the state, which is insisting on either/or. Guys, look up the Bob Jones University case, decided more than 30 years ago. Penguins will ice skate in Hell before you win this.

If you’re waiting on the Supreme Court to settle the question of mandatory vaccination, you can stop; it already did. In 1905.

Vermont’s new motto is in Latin. So what do conservatives do? Start bashing Latinos, obviously. Teh_Stoopid: It burns.

New York police commissioner Ray Kelly, whose fascistic tendencies already have gotten full display in cases of violence committed by his cops, now wants to be able to make resisting arrest by protesters a felony offense. Because there’s no way THAT would ever be abused.

Here in Greensboro, state Sen. Trudy Wade has introduced a bill to change the current city council election system (mayor and three other members elected at large, plus five district members, so that any one voter can vote for a majority of the council) to seven members, all elected from districts, plus a mayor, and to extend terms from two years to four, and other mischief. I’ll probably say more about that later, but the short version is that it’s a bad idea and Trudy should sit down and shut the hell up.

Tuesday, February 3, 2015 7:41 pm

Odds and ends for Feb. 3.

North Carolina’s junior senator, Republican Thom Tillis, says he’s just fine with NOT requiring food workers to wash up after visiting the restroom. Remind me never to shake his hand.

English majors, rejoice! Harper Lee will publish a sequel to her 1960 masterpiece, “To Kill a Mockingbird,” on July 14.

Standard & Poors, the investment ratings agency whose labeling of crap mortgage-backed securities as investment-grade helped blow up the economy a few years ago, will pay $1.38 billion to settle those allegations. But — say it with me, kids — once again, no criminal charges against anyone.

The New York Times asks an incredibly stupid question about how anti-vaxxers got so much influence. Athenae at First Draft delivers a righteous dopeslapping of an answer.

Y’all have a good evening.

Wednesday, January 7, 2015 7:51 pm

Je suis Charlie

GunIsNotReligion

So this morning, three men entered the offices of the satirical Paris magazine “Charlie Hebdo” and opened fire, killing the editor and other staffers (including four cartoonists) and also at least one police officer — 12 in all. Police believe they have identified the three suspects, but at this writing — unsubstantiated Twitter posts to the contrary — the suspects have not been captured. God willing, the shooters will be caught and punished severely.

The suspected motivation of the shooters was the fact that the magazine had published satirical, even crude cartoons of the prophet Mohammed and that the shooters were seeking to punish people they saw as blasphemers against Islam. Naturally, William Donohue, the sociopath who runs the far-right Catholic League, had no problem with this. More on that in a bit.

(I’m expecting all kinds of anti-Muslim hysteria over this, but I’m not going to deal with that here. I’ll just remind those inclined toward such that someone tried to bomb the Colorado Springs office of the NAACP this week, and only by the grace of God was no one injured. And we can be pretty sure that whoever did that wasn’t Muslim.)

A couple of people have suggested I republish some of the Charlie Hebdo cartoons. I was tempted to. But I decided I’m not going to, not because I’m afraid of being attacked (N.C.’s gun laws are considerably laxer than France’s), but because I have some points to make that I don’t want complicated by cartoons that aren’t on point — that is to say, on MY point.

First, and I shouldn’t have to say this but I will anyway, this is a horrible tragedy for the victims and their families, and my heart and prayers go out to them. And it also is a tragedy for France, our ally since the Revolution and a bastion of freedom in its own right.

Second, and I also shouldn’t have to say this but will anyway, this is inexcusable, full stop. If you seek to attack — to physically harm — anyone because of their point of view, you have forfeited the right to have any contact with civilized society. I’ve believed this since I was a kid. And I have believed since I was a kid that it applies across all political and religious lines, without exception, whether you are an Austrian painter with a bent for authoritarian government and world conquest, a satirical French cartoonist, or a Communist Workers Party member trying to unionize a textile mill, full stop. If you don’t, too, then maybe you need to re-examine your principles.

And this is where Donohue and his disgusting response come in. In a column titled, “Muslims Are Right to Be Angry,” Donohue tries to have it both ways, writing:

Killing in response to insult, no matter how gross, must be unequivocally condemned. That is why what happened in Paris cannot be tolerated. But neither should we tolerate the kind of intolerance that provoked this violent reaction.

Those who work at this newspaper have a long and disgusting record of going way beyond the mere lampooning of public figures, and this is especially true of their depictions of religious figures. For example, they have shown nuns masturbating and popes wearing condoms. They have also shown Muhammad in pornographic poses.

While some Muslims today object to any depiction of the Prophet, others do not. Moreover, visual representations of him are not proscribed by the Koran. What unites Muslims in their anger against Charlie Hebdo is the vulgar manner in which Muhammad has been portrayed. What they object to is being intentionally insulted over the course of many years. On this aspect, I am in total agreement with them.

Stephane Charbonnier, the paper’s publisher, was killed today in the slaughter. It is too bad that he didn’t understand the role he played in his tragic death. In 2012, when asked why he insults Muslims, he said, “Muhammad isn’t sacred to me.” Had he not been so narcissistic, he may still be alive.

Shorter Donohue: Lord, how I miss the Inquisition.

Go to hell, Bill. Go straight to hell, you and the horse you rode in on. Do not pass go. Do not collect $200. You want to stone blasphemers to death? You can do it there, you son of a bitch. You don’t get to blame the victim in a vicious act of terrorism and still call yourself a Christian. When you clearly wish for a world in which you can physically punish people whose beliefs you don’t agree with, you don’t even get to call yourself civilized.

While I agree that not everything that CAN be cartooned or otherwise satirized or lampooned SHOULD be, you know what? THAT’S JUST MY OPINION. And the hurt fee-fees of medievalist control freaks of any and all religions AREN’T WORTH ONE SINGLE HUMAN LIFE. Indeed, MY hurt fee-fees aren’t worth one single human life, and neither are yours.

I worked as a journalist for 25 years. My life was threatened several times, primarily when I was covering the Klan in Iredell County in the mid-1980s, so today’s tragedy hits me where I live. And it makes me feel obliged, even though I’m tired and would rather be doing other things, to stand up for the unconditional freedom from violence for those engaged in the work of sharing and expressing ideas. No idea, not even freedom and certainly not God, is worth committing murder for.

(Illustration via John D. Burns on Facebook)

Tuesday, December 23, 2014 12:41 pm

Anti-police? Or pro-police, pro-public?

One would like to think that a guy who worked his way up from Drug Enforcement Administration agent to assistant director of that agency, a guy who served as both head of witness protection and associate director for operations of the U.S. Marshals’ Service, a guy who served as both fire commissioner and police commissioner for the City of New York, a guy who now gets paid very high dollars to do security consulting, would be able to face a little criticism without soiling his drawers.

One would like to think that.

But one would be wrong.

Howard Safir, the guy who has held all those positions, is crying hysterically that the criticism police now are facing in the U.S. is unmatched in the past 45 years.

He is wrong. Factually, objectively wrong.

He writes, “We have seen nothing but police bashing from some of the highest offices in the land.” In fact, nothing that President Obama or New York Mayor Bill diBlasio has said can rationally be construed as “police bashing.”

He writes that Eric Garner and Michael Brown died resisting arrest. Garner was doing nothing of the sort when he was slain with an illegal choke hold. And even if one accepts that Michael Brown tried to reach into Officer Darren Wilson’s car and was justifiably shot and wounded for doing so, there is no credible evidence that Brown posed an immediate threat to Wilson or other civilians when Wilson fired the final, fatal shots.

He writes that current levels of “anti-police rhetoric” are unparalled in the past 45 years.  However, anyone who was around in the late 1960s and early 1970s recalls that violent clashes between police and protesters were commonplace. And the protesters were raising hell about that, often in very intemperate language.

Today? There have been some clashes between police and protesters in Ferguson, Mo., and elsewhere in which the language has been intemperate, but on nowhere near the scale of decades ago.

No, what’s going on today is something different — something pro-public and, I would argue, pro-police. I don’t mean “pro-police” in the mindlessly jingoistic sense, but pro-police in the very practical sense of making law enforcement officers’ jobs safer and easier.

People are asking for the police to be open about and accountable for their actions. They are asking for law enforcement to stop discriminating against African Americans, which research shows it indubitably does. And they are insisting that the police be bound to obey the same laws the rest of us must.

Now unlike some people, I don’t think police are any worse-behaved today than they’ve ever been. In fact, they’re arguably much better behaved in most jurisdictions. But when everybody with a phone has a camera, police malfeasance is much more likely to be publicized than it used to be. And the larger number of reported incidents, with greater detail, reaching more people on social media, with accompanying demands that police be held accountable, looks, to the casual observer, like it might be anti-police.

It isn’t. People are insisting, rather, that cops restore “to protect and serve” to a phrase of some intellectual and moral value by behaving themselves, by treating everyone fairly including minorities who long have been treated disproportionately more harshly by law enforcement, and by being subject to the same administrative discipline or criminal punishment as anyone else would be who had misbehaved similarly.

There are some good reasons why law enforcement should want to do those things — and not only because they comports with the equal-protection clause of the 14th Amendment and with the Golden Rule.

Comporting with those standards is important for its own sake. But when cops behave openly and appropriately and transparently, and are publicly disciplined when they don’t, the public’s trust in and respect for law enforcement grows. And that growth has two major practical benefits for law enforcement.

First, it makes the public more likely to confide in and cooperate with police, in both day-to-day interactions and in assisting with difficult investigations. That makes a cop’s job easier.

Second, that increased trust and respect make it less likely that a minor, routine incident will escalate into the kind of situation that could end up with a cop dead, or with a civilian unjustifiably dead and a cop’s career and perhaps life ruined. That makes a cop’s job safer.

I would think that every cop, and everyone who supports cops, would want that the job to be easier and safer.

So why would Howard Safir so blatantly mischaracterize what’s being said and done in American communities around the issue of unchecked, unaccountable law enforcement? I can only speculate.

Some possible answers: He’s genuinely uninformed in general and uninformed about how social media works in particular. He’s genuinely uninformed about the statistics showing hugely disproportionate differences between how police treat middle-class Caucasians and how they treat African Americans of pretty much any class. He is informed, but he’s locked into an outdated mindset in which rule of the police is absolute, rather than a role of community servant leadership. Maybe he just listens to too much Fox News, whose incendiary, race-baiting rhetoric is deliberately clouding the issue.

I don’t know the answer. But I do know that Safir needs to put on some clean undies and start asking himself about the best, fairest way to serve the community — the whole community.

That’s all most Americans are asking for.

Tuesday, December 9, 2014 5:59 pm

The Senate torture report

I haven’t had a chance to read it yet. (You can download it here.) Here are five things you need to know as you read it.

1) “We should never, as a policy, maltreat people under our control, detainees. We tortured people unmercifully. We probably murdered dozens of them during the course of that, both the armed forces and the C.I.A.” — Gen. Barry McCaffrey, U.S. Army (ret.), April 20, 2009

2) “There is no longer any doubt as to whether the current administration has committed war crimes. The only question that remains to be answered is whether those who ordered the use of torture will be held to account.” — Gen. Antonio Taguba, U.S. Army (ret.), June 18, 2008

3) The “report” being released today is merely a heavily redacted, 600-page executive summary. The full report runs to about 6,000 pages.

4) In the words of The Intercept’s Dan Froomkin, “Many of the same news organizations you are trusting today to accurately inform you about the torture report were either naive or knowing dupes in a CIA misinformation campaign orchestrated by top CIA officials, that included leaks of information that was amazingly enough both classified and inaccurate at the same time.” So you’ll want to be very, very cautious about accepting any news report that seeks to minimize or defend the torture program.

 5) Some additional background from Glenn Greenwald at The Intercept:

One of the worst myths official Washington and its establishment media have told itself about the torture debate is that the controversy is limited to three cases of waterboarding at Guantánamo and a handful of bad Republican actors. In fact, a wide array of torture techniques were approved at the highest levels of the U.S. Government and then systematically employed in lawless US prisons around the world – at Bagram (includingduring the Obama presidency), CIA black sites, even to US citizens on US soil. So systematic was the torture regime that a 2008 Senate reportconcluded that the criminal abuses at Abu Ghraib were the direct result of the torture mentality imposed by official Washington.

American torture was not confined to a handful of aberrational cases or techniques, nor was it the work of rogue CIA agents. It was an officially sanctioned, worldwide regime of torture that had the acquiescence, if not explicit approval, of the top members of both political parties in Congress. It was motivated by far more than interrogation. The evidence for all of this is conclusive and overwhelming. And the American media bears much of the blame, as they refused for years even to use the word “torture” to describe any of this (even as they called these same techniques “torture” when used by American adversaries), a shameful and cowardly abdication that continues literally to this day in many of the most influential outlets.

I expect that even the edited, redacted document we now have will confirm a lot of ugly things we already knew and tell us about even more ugly things we hadn’t known. But the truth needs to be made public so that we at least will know what the U.S. government has done in our name, whether or not the individuals responsible are ever brought to justice.

I understand that many Americans had, and have today, no problem with our torturing people. That doesn’t make it any more effective. And it doesn’t make it any more right.

I’ve been raising questions and raising hell about this issue for more than a decade, ever since the possibility that we were torturing first reared its ugly head months before the news broke about Abu Ghraib. And while there are a lot of issues with many shades of gray, this one, to me, is black and white. Despite quite a bit of criticism here and elsewhere online, I’ve not lost a minute’s sleep on this position, because whatever else happens, I don’t ever have to worry about my kids or grandkids asking me, “Why are people calling you a good German?”

 

Sunday, November 2, 2014 8:47 am

For what it’s worth, I think Ol’ Roy is lying

I haven’t written much about the academic scandal at UNC-Chapel Hill, even though I got my master’s degree there, for one simple reason: I haven’t had a chance to read the Wainstein report, let alone the 900-page supplement, in which some of the worst dirt is said to be found. But what I have gleaned from media reports is bad enough: a rogue academic program of which a rogue athletic program took full advantage. There was an utter lack of institutional control — a lack that should lead to serious repercussions, and not only from the NCAA (as if).

What went on at UNC, involving roughly 3,100 students during an 18-year period, dwarfs what happened at Southern Methodist University, whose football program actually got the NCAA’s death penalty almost 30 years ago for paying 21 football players a total of $61,000. (That remains the only case in the modern era of the penalty’s being imposed on a Division I revenue-sport program.) If this doesn’t merit the NCAA’s death penalty, what does?

But I also think that this situation calls for God’s own proctological exam from the college’s accrediting body, the Southern Association of Colleges and Schools Commission on Colleges. SACSCOC could, at the extreme, withdraw accreditation from UNC. Without accreditation, the university’s students no longer would be eligible for financial aid. And without that eligibility, much of the university would collapse from lack of cash. Large state universities are not as overwhelmingly dependent upon tuition revenue as are small, private colleges, but loss of accreditation would be an existential threat to UNC-Chapel Hill. And, frankly, I’m not sure it isn’t deserved.

I don’t say that lightly. I’m all too aware that the long knives already are out for the university at the hands of the state’s Republicans. And I acknowledge right up front that any such punishment would fall overwhelmingly on the heads of students, faculty, and staff who had nothing to do with the fraud and would suffer unjustly as a result. But I still think it needs to be said, needs to be talked about, because I’m not sure what else will get it through people’s heads, at Carolina and throughout college revenue sports, that if we’re going to have rules, we must abide by them. (Whether the rules we have are actually the rules we need is a separate discussion, albeit one I’m willing to enter with a very open mind.)

At UNC, although fewer than half the students involved were athletes, a disproportionate number of basketball players took advantage of sham classes in the African and Afro-American Studies department to remain academically eligible to play, including members of the 2005 national-championship team. And we’re being asked to believe that Coach Roy Williams and his predecessors — Matt Doherty, Bill Guthridge, even the sainted Dean Smith — didn’t know about it.

My friend and former colleague Ed Hardin says in today’s News & Record (column not online) that he believes Williams didn’t know, although he argues that Williams should have known. I don’t disagree with Ed lightly on matters athletic because he knows a hell of a lot more about them than I do. But I know deception as well as anyone. And what Williams says is too clever by half.

See, if he really didn’t know anything, then why would he admit that, as Ed puts it, “his only concern was that too many of his players were in the AFAM classes and that he never met with [whistleblower] Mary Willingham”? If he truly knew nothing, why even bring up those classes? If he truly were concerned with honesty, why not meet with Willingham?

No, I think Roy screwed up here in trying to make it look like he wasn’t completely an idiot. Unfortunately, complete idiocy is the only condition congruent with a claim that he knew nothing about the academic fraud. Otherwise, what he did amounts to willful ignorance, which, for a man in his position as head coach of a nationally ranked revenue-sport program, is complicity, full stop. Perhaps he might not have known all the details, but he had to know that his program was dirty and had been for years.

And as far as the bigger picture goes, we’ve basically been asked to believe that one rogue academic counselor and one rogue professor were the masterminds of a program through which 3,100 students over 18 years defrauded the university and were themselves defrauded in return. To put it politely, that hypothesis beggars belief. I think Roy knew, and Doherty, and Guthridge, and Smith. I think athletic director Bubba Cunningham knew, and John Swofford before him.

And I think the NCAA’s death penalty ought to be the least of UNC’s worries.

Monday, October 27, 2014 8:39 pm

In which Lt. Gov. Dan Forest writes me. And I write back.

Sweet baby Jeebus, but Teh_Stoopid is strong with my lite gov. He writes:

Lex —

Over the last two weeks, those of us who have publically offered that the states, rather than federal circuit and district courts, have the constitutional authority to make decisions on marriage have been met with derision by liberals.

Unfair name-calling and allegations of bigotry have reached ridiculous levels aimed at those of us who are defending the constitution.

The following is a quote from the United States Supreme Court on who holds the balance of power between the federal government and the state governments when it comes to marriage. See if you can guess which Justices signed off on it.

The recognition of civil marriages is central to state domestic relations law applicable to its residents and citizens. See Williams v. North Carolina, 317 U.S. 287, 298 (1942) (“Each state as a sovereign has a rightful and legitimate concern in the marital status of persons domiciled within its borders”). The definition of marriage is the foundation of the State’s broader authority to regulate the subject of domestic relations with respect to the “[p]rotection of offspring, property interests, and the enforcement of marital responsibilities.” Ibid. “[T]he states, at the time of the adoption of the Constitution, possessed full power over the subject of marriage and divorce . . . [and] the Constitution delegated no authority to the Government of the United States on the subject of marriage and divorce.” Haddock v. Haddock, 201 U.S. 562, 575 (1906); see also In re Burrus, 136 U.S. 586, 593-594 (1890) (“The whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the States and not to the laws of the United States”).

Consistent with this allocation of authority, the Federal Government, through our history, has deferred to state-law policy decisions with respect to domestic relations. . .. Federal courts will not hear divorce and custody cases even if they arise in diversity because of “the virtually exclusive primacy . . . of the States in the regulation of domestic relations.” Id., at 714. (Blackmun, J., concurring in judgment).

The significance of state responsibilities for the definition and regulation of marriage dates to the Nation’s beginning; for “when the Constitution was adopted the common understanding was that the domestic relations of husband and wife and parent and child were matters reserved to the States.” Ohio ex rel. Popovici v. Agler, 280 U.S. 379 (1930).

This must have been Justice Scalia or Justice Thomas, right? Possibly Justice Alito or Chief Justice Roberts? Maybe a justice from the early 1900s or the late 1800s? If those were your guesses, you would be wrong.

The quote is from the majority opinion United States v. Windsor, a case from 2013. The Justice who wrote the quote? Justice Anthony Kennedy. The Justices who joined him in this quote? Four of the most liberal justices to sit on our nation’s highest court: Justices Ginsberg, Breyer, Sotomayor, and Kagan.

We stand for the State’s authority to legally define marriage. And we have over two-hundred years of constitutional jurisprudence on our side. It is the name-callers who seek to rewrite the constitution out of whole cloth by judicial order.

-Lt. Governor Dan Forest

http://www.danforest.com/

So, being an attentive correspondent, I wrote him back:

Dear Lt. Gov. Forest:

The current Supreme Court has undone a total of centuries’ worth of settled law with no complaint from you, so it is more than a little precious that you’re now complaining that SCOTUS has undone some settled law in a way of which you happen to disapprove.

You fail to grasp that the question at issue in the recent legal proceedings wasn’t “defining marriage,” but one of an extraordinary — and unconstitutional — infringement upon the First Amendment free-exercise rights of religious organizations that wished to perform same-sex marriages. Even if you ignore the rights of the individuals involved (which you have seemed all too willing to do), the state cannot restrict the free-exercise rights of churches absent a compelling state interest — and no state government, anywhere, has been able to convince the Supreme Court that any such interest is even close enough to existence for four justices to vote to hear a case on the subject.

Your argument has been weighed and found wanting, so shut up, go away, and stop wasting my tax money trying to carry out unconstitutional restrictions of religious freedom.

Love Your constituent only until we can get rid of you,

Lex

I realize there will always be dead-enders, but, dude: 1) You lost. Get over it. And 2) You either don’t understand the issues involved, or you understand them and are lying about them, either of which disqualifies you from holding political office in any sane world. I realize that the likeliest explanation for your behavior is that you’re positioning yourself to seek the Republican gubernatorial nomination in 2020 — or in 2016 if McCrory goes wobbly on the Koch-ALEC agenda — but fat, dumb, and pandering to the mouth-breathing knuckle-draggers is no way to go through life, son.

I do so look forward to the day that North Carolina can bundle all this DERP back to Bat Country where it came from. A village in Mississippi has misplaced its idiot in our state capital.

Thursday, October 23, 2014 8:45 pm

Someone needs to cut the legs from under Lieutenant Dan

As if we have not been subjected to far too much of Teh_Stoopid already with regard to same-sex marriage in North Carolina, now comes Republican Lt. Gov. Dan Forest to try to make political hay off the issue:

If you’ve been paying attention to the media, you’ve been told numerous times from opponents of North Carolina’s Marriage Amendment that the fight is over, and that they have won. That is not the case. The following is a realistic scenario that could lead to a constitutional showdown between the state and federal systems as to which court, outside the Supreme Court of the United States, has the legal authority to rule on North Carolina’s marriage amendment.

Last week, the Administrative Office of the Courts directed magistrates that they could not refuse to perform a same-sex marriage, no matter what the reason, including their personal moral and religious objections. This directive informed them that failure to comply could result in removal from office and criminal penalties. In response, our state needs but one magistrate to legally challenge the edict sent down from the Administrative Office of the Courts on two grounds.

The first ground is that the memorandum directs him to violate his religious conscience, thereby violating his right to religious freedom preserved by the North Carolina and United States Constitutions. In particular, the North Carolina Constitution provides that “all persons have a natural and inalienable right to worship Almighty God according to the dictates of their own consciences, and no human authority shall, in any case whatever, control or interfere with the rights of conscience.”

The second ground is to assert that the memo directs him to contravene the North Carolina Constitution by performing a ceremony that is not recognized by law, and is in fact, prohibited by the marriage amendment. You may wonder how that is possible after Judge Cogburn’s ruling purporting to strike down our amendment. That is one of the beauties of federalism. As succinctly stated by North Carolina’s Supreme Court in the case of State v. McDowell: “A state court should exercise and apply its own independent judgment, treating, of course, decisions of the United States Supreme Court as binding and according to decisions of lower federal courts such persuasiveness as these decisions might reasonably command.” North Carolina case law is clear. Decisions of the Fourth Circuit and federal district courts, while persuasive, are not binding on state courts.

Should this case reach the Supreme Court of North Carolina, a vote by our honorable justices exercising their own independent judgment to uphold the amendment overwhelmingly approved by the people would set up the very real possibility that the United States Supreme Court would hear arguments, having a split on the issue between a state court and the Fourth Circuit.

The constitutional showdown is a very real possibility. Supporters of marriage should not lose heart. The voice of the people will be heard.

So much legal FAIL here.

Just for starters, the mere fact that the wording of Amendment One, which banned same-sex marriage in this state, nominally remains a part of the N.C. Constitution does not mean that the prohibition has any legal force. Sodomy remains a felony under North Carolina law, even when it involves married heterosexual couples, but the Supreme Court’s ruling in Lawrence v. Texas rendered that statute unenforceable. The high court’s refusal to hear appeals of federal appeals courts’ strikedowns of same-sex marriage bans has the same effect on Amendment One, and no amount of clapping by Dan Forest changes that legal fact.

It’s entirely possible that Forest is ignorant of that fact, but the likelier scenario is that he’s playing to the mouth-breathing, knuckle-dragging GOP base — to primary McCrory from the right if McCrory goes squishy on the Koch/Pope agenda between now and 2016, or to run in 2020 when McCrory is term-limited out (assuming McCrory wins re-election, which is by no means a lock at this point). The fact that this approach is about as cynical and disingenuous as a politician can get anymore without bringing up voter fraud is just icing on the cake for Forest.

Unsurprisingly, his blog isn’t accepting comments on that post. The good news, my Greensboro friends, is that we have an opportunity to speak directly to Dan Forest on this issue.

He’ll be holding a town hall at 6 p.m. Oct. 28 at the Oak Branch Conference and Events Center, 23 Oak Branch Drive (map). The purpose of the event is to drum up support for a Constitutional Convention — a gathering of the states for the purpose of wholesale rewriting of the U.S. Constitution. That way lies madness — no limit need be placed on any such convention’s agenda, so who knows what insanity might get put up to an instant vote without care or consideration — but it also is highly unlikely that anyone can rally enough votes to make such a convention happen anytime soon. Instead, this town hall offers the sane among the populace the opportunity to get up in Forest’s face, live and in concert, and ask him:

Just how goddamn stupid do you think we are?

 

Monday, October 20, 2014 9:04 pm

They made their bed. Now let them damned well lie in it.

Driftglass on the insane Both-Siderism that keeps the American public from grasping just who’s really at fault:

The short history of modern American politics is as follows:

Conservatives poison the public well with paranoia, bigotry and plain bugfuck insanity while sabotaging the government on purpose to gain political and economic advantage.

Liberals point out that poisoning the public well and sabotaging the government are, y’know. bad things.

Centrists clutch their pearls until their palms bleed, and then blame their stigmata on both sides being equally unreasonable and mean.

All of this was on lurid display in this fascinating article in Esquire — “Help, We’re in a Living Hell and Don’t Know How to Get Out” — in which the author talks to 90 members of Congress and concludes that our the legislative branch is, well, this:

If you fastfood the article, the impression you would probably come away with is, Jebus, what a bunch of dysfunctional whinyass tittybabies.  [Bleep] ’em all.

In other words, the GOP long-range plan to sow ruin and despair is working flawlessly.

The author of the article to which Driftglass links asks us to believe two things for which there are no facts in evidence: 1) that there are Republican congresscritters who are really disturbed about what their party has become, and 2) that the same forces of immoderation and insanity that fuel the GOP fuel, in mirror image, the more radical Democrats. He does the latter despite the fact that Democrats manifestly are NOT being primaried, with the help of enormous, shadowy money groups, because they were insufficiently fervent in their advocacy of single-payer, abortion rights, gun control, climate-change amelioration, or other items on the Left’s wish list. Far from it; it’s hard for those issues even to get a respectful hearing on the Democratic side of the aisle.

So, no, it’s not both sides. And Driftglass makes that case most eloquently even if the people in the national media who most need to see it never will.

Monday, October 13, 2014 9:11 pm

The U.S. media normalize batshit. They have done so for years. And The Washington Post finally notices. Hallelujah.

Recently, I took my local daily — the same local daily at which I toiled for 22 years — to task for, in Pat Moynihan’s deathless phrase, defining deviancy down among Republican political candidates. This is a theme I have written about numerous times, though usually with respect to national media, not local.

Now comes Paul Waldman at The Washington Post’s Plum Line blog to say that, hey, this is a thing:

… these judgments by reporters end up being self-fulfilling prophecies: if they decide that a “gaffe” is going to have serious political effects, they give it lots of attention, which creates serious political effects.

And in the last few years, there’s a baseline of crazy from the right that the press has simply come to expect and accept, so the latest conspiracy theorizing or far-out idea from a candidate no longer strikes them as exceptional. …

But during this cycle, Republican crazy just hasn’t broken through at all. It’s almost as if the national press has just come to accept as normal the degree to which the GOP has moved dramatically to the right. At this point so many prominent Republicans have said insane things that after a while they go by with barely a notice. This is an era when a prominent Republican governor who wants to be president can muse about the possibility that his state might secede from the union, when the most popular radio host in the country suggests that liberals like Barack Obama want Ebola to come to America to punish us for slavery, and when the President of the United States had to show his birth certificate to prove that he isn’t a foreigner.

So ideological extremism and insane conspiracy theories from the right have been normalized. Which means that when another Republican candidate says something deranged, as long as it doesn’t offend a key swing constituency, reporters don’t think it’s disqualifying. And so it isn’t.

It’s good to see one of America’s most influential news organizations taking note of this phenomenon. Except … well, I’ll let Driftglass spell it out:

Having written about this phenomenon literally thousands of times practically since the day I started blogging and having talked and thought and read about it since long before that, let me say that this “looking with alarm” recognition that the media routinely enables Conservative madness and depravity is so far too little and so far too late as to be darkly amusing.
Yes, I appreciate Mr. Waldeman’s work in The American Prospect.  And, yes, on one level  I get a tiny, childish surge of satisfaction at seeing this in a Major Murrica Newspaper .  But the sad upshot is this: in 2014, one person in one column has caught up to what Liberal bloggers have been writing about for over a decade and what pre-blogging Dirty Hippies have been screaming about all during the political metastasization of the Moral Majority…and death of the Fairness Doctrine…the rise of Hate Radio and Fox News…the relentless Right Wing conspiracies against the Clintons…the impeachment of Bill Clinton over trivia…and so forth.
So it is indeed a fine thing to read It’s almost as if the national press has just come to accept as normal the degree to which the GOP has moved dramatically to the right” in the Washington Post.   But to read it in 2014 feels a lot like reading a headline asking “Is American Facing An Economic  Depression?” in a major American newspaper … in 1938.
So far too little and so far too late as to be bleakly hilarious.
Although a nontrivial number of us stopped laughing a long time ago.
This phenomenon is merely one of the more toxic parts of an incredibly toxic tendency of American political journalism: the tendency to look at everything, everything, through the frame of “How will it affect a candidate’s polling?” without also, and first, examining issues and behavior on their merits or lack thereof. It’s more horse-race journalism, which is the last thing we need: It’s all speculative, and there is never any penalty for being wrong.
Examining issues on their merits would require real journalism be performed. And whether or not the reporter is correct would become far more obvious, with reportorial failure becoming far more difficult to ignore. So reporters avoid it and editors let them, if they don’t actively encourage them to do so.
And so our political discourse grows more and more meaningless, and more and more batshit people have the opportunity to create real trouble.

 

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