Current Affairs

You Have The Right To Freeze And Be Utterly Silent

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by Gary Farber

The Fourth Amendment continues to be onion-peeled into nothingness.  KENTUCKY v. KING puts another nail in the coffin as police gain the right to kick in your door simply because they hear movement within your dwelling.

Obviously that's probable cause, because noise indicates a crime. 

Does that make sense to you?  It does to 8 out of 9 members of the Supreme Court.

ALITO, J., delivered the opinion of the Court, in which ROBERTS, C. J., and SCALIA, KENNEDY, THOMAS, BREYER, SOTOMAYOR,  and KAGAN,  JJ., joined. GINSBURG, J., filed a dissenting opinion.

Here's the gist: 

[…] 

Justice Samuel A. Alito Jr., writing for the majority, said police officers do not violate the Fourth Amendment’s ban on unreasonable searches by kicking down a door after the occupants of an apartment react to hearing that officers are there by seeming to destroy evidence.

In dissent, Justice Ruth Bader Ginsburg wrote that the majority had handed the police an important new tool.

“The court today arms the police with a way routinely to dishonor the Fourth Amendment’s warrant requirement in drug cases,” Justice Ginsburg wrote. “In lieu of presenting their evidence to a neutral magistrate, police officers may now knock, listen, then break the door down, never mind that they had ample time to obtain a warrant.”

The case, Kentucky v. King, No. 09-1272, arose from a mistake. After seeing a drug deal in a parking lot, police officers in Lexington, Ky., rushed into an apartment complex looking for a suspect who had sold cocaine to an informant.

But the smell of burning marijuana led them to the wrong apartment. After knocking and announcing themselves, they heard sounds from inside the apartment that they said made them fear that evidence was being destroyed. They kicked the door in and found marijuana and cocaine but not the original suspect, who was in a different apartment.

The Kentucky Supreme Court suppressed the evidence, saying that any risk of drugs being destroyed was the result of the decision by the police to knock and announce themselves rather than obtain a warrant.

The United States Supreme Court reversed that decision on Monday, saying the police had acted lawfully and that was all that mattered. The defendant, Hollis D. King, had choices other than destroying evidence, Justice Alito wrote.

He could have chosen not to respond to the knocking in any fashion, Justice Alito wrote. Or he could have come to the door and declined to let the officers enter without a warrant.

“Occupants who choose not to stand on their constitutional rights but instead elect to attempt to destroy evidence have only themselves to blame,” Justice Alito wrote. 

Right.  Let's get more detail.

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Executive Decision

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GUEST POST by McKinneyTexas, NOT by Gary Farber

First, thanks to Gary Farber for the kind invitation to guest post.  Initially, I'd begun a sort of semi-reflective, Kumbaya piece but then it occurred to me that my role was to introduce of bit of diversity here at ObWi, to provoke thought from the other side of the spectrum.  So, here it is: your dose of provocation:

One glaring fault of the Left-in-Power is its lack of respect for the constitutional process on that most fundamental question of committing the country to war. 

First, under Clinton and then under Obama, US troops were committed to combat operations overseas when no US vital interest was at stake and certainly no attack on US citizens or interests anywhere was imminent.  Neither commitment was subject to public debate, or more importantly, authorized by congress.

Compare this to the much reviled Bush II administration and its wars in Iraq and Afghanistan. 

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Drones Don’t Declutter, And Neither Do Expulsions

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by Gary Farber

We can't "win" militarily in Afghanistan any more than we could in Vietnam. 

"AfPak" is still AfPak, no matter that it displeases Pakistan, no matter how the U.S. placates.

It's one war, and it can't be won militarily without invading Pakistan.  Anyone up for that? 

2 US servicemen mistakenly killed by drone attack in Afghanistan [UPDATE, 3:41 p.m., PST: erroneous link fixed; thanks, Ugh!].

[…] The Marines under fire were watching streaming video of the battlefield being fed to them by an armed Predator overhead. They saw a number of "hot spots," or infrared images, moving in their direction. Apparently believing that those "hot spots" were the enemy, they called in a Hellfire missile strike from the Predator.

Technology will triumph.

It worked in Vietnam! We're winning.

After all, unlike Vietnam, there are no safe havens across borders: Pakistan Tells U.S. It Must Sharply Cut C.I.A. Activities:

Pakistan has demanded that the United States steeply reduce the number of Central Intelligence Agency operatives and Special Operations forces working in Pakistan, and that it halt C.I.A. drone strikes aimed at militants in northwest Pakistan. The request was a sign of the near collapse of cooperation between the two testy allies.

Pakistani and American officials said in interviews that the demand that the United States scale back its presence was the immediate fallout from the arrest in Pakistan of Raymond A. Davis, a C.I.A. security officer who killed two men in January during what he said was an attempt to rob him.

In all, about 335 American personnel — C.I.A. officers and contractors and Special Operations forces — were being asked to leave the country, said a Pakistani official closely involved in the decision.

It was not clear how many C.I.A. personnel that would leave behind; the total number in Pakistan has not been disclosed. But the cuts demanded by the Pakistanis amounted to 25 to 40 percent of United States Special Operations forces in the country, the officials said. The number also included the removal of all the American contractors used by the C.I.A. in Pakistan.

This is what we call "big news."

It's also, when you read between the lines, leverage, and there will be a trade-off, and you'll have to read between the lines, at best, and look carefully at the right sources, to find information about it when it happens, should said information be findable — but traces always surface on the internet:

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Pottery Barn Libya, Part 1

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by Gary Farber

What is to be done?

Colin Powell famously said of Iraq, quoting Tom Friedman (who got it wrong)

'You are going to be the proud owner of 25 million people,' he told the president. 'You will own all their hopes, aspirations, and problems. You'll own it all.' Privately, Powell and Deputy Secretary of State Richard Armitage called this the Pottery Barn rule: You break it, you own it.

Does anyone want to buy Libya, and own it for the next decade?

That's what's on order.

That, or negotiating a way out of this thing.

The Libyan rebels are a mess.  April 3rd:

[…] The rebel army’s nominal leader, Abdul Fattah Younes, a former interior minister and friend of Col. Muammar el-Qaddafi whom many rebel leaders distrusted, could offer little explanation for the recent military stumbles, two people with knowledge of the meetings said.

Making matters worse, the men could hardly stand one another. They included Khalifa Heftar, a former general who returned recently from exile in the United States and appointed himself as the rebel field commander, the movement’s leaders said, and Omar el-Hariri, a former political prisoner who occupied the largely ceremonial role of defense minister.

“They behaved like children,” said Fathi Baja, a political science professor who heads the rebel political committee. 

Little was accomplished in the meetings, the participants said. When they concluded late last week, Mr. Younes was still the head of the army and Mr. Hariri remained as the defense minister. Only Mr. Heftar, who reportedly refused to work with Mr. Younes, was forced out. On Sunday, though, in a sign that divisions persisted, Mr. Heftar’s son said his father was still an army leader. [….]

On March 29th,  Obama's press secretary, Jay Carney told the press gaggle on AF1 that, in essence, he didn't know who the hell these people are, but let's hope for the best:

[…] Q    One of NATO’s military leaders testified on the Hill today that there had been signs of al Qaeda seen amongst Libyan rebels.  How does that affect the White House thinking on engaging with them?

MR. CARNEY:  Well, what I would say is that, as you know, we spend a lot of time looking at the opposition and now meeting with opposition leaders.  And the folks who are in London, the people that — and the leader that Secretary Clinton met in Paris, have made clear what their principles are and we believe that they’re meritorious — their principles.  I think they had a statement today that had some very good language in it that we support. 

But that doesn’t mean, obviously, that everyone who opposes Moammar Qaddafi I Libya is someone whose ideals we can support.  But beyond that, I don't have any detail about individual members of the opposition.

Q    Does it concern you about how much you don't know about the opposition?

MR. CARNEY:  Well, what I would say is that we have met with opposition leaders and we're working with them, but as the President said, and as the opposition leaders who put out a statement today said, it’s up to them to decide who their leaders are going to be.

But we do know something of who they are right now, as Jason Packer explains:

If you let strangers know that you research Libya for a living, there seems to be only one question on their minds: "Who are the Libyan rebels?" I've been asked it at cocktail parties, on ski lifts, at academic seminars, and even by Western journalists in Benghazi who have developed the flattering habit of Skype-ing me at odd hours. Americans seem captivated by this question, perhaps because they have heard senior U.S. officials from Defense Secretary Robert Gates to Secretary of State Hillary Clinton to various Republican congressmen proclaim that they do not yet know enough about who the rebels are. I do not take such statements at face value. U.S. statesmen know quite well who the rebels are — but pretend otherwise to obscure the fact that the United States has yet to formulate a comprehensive policy toward them.

The rebels consist of two distinct groups: the fighters and the political leadership.

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Hello, Goodbye: You Say Goodbye, I Say Go To Hell, Glenn Beck

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by Gary Farber

Glenn Beck is leaving Fox News, but not, I'm afraid, leaving us alone.

FOX NEWS AND MERCURY RADIO ARTS ANNOUNCE NEW AGREEMENT
(New York, NY)  Fox News and Mercury Radio Arts, Glenn Beck’s production company, are proud to announce that they will work together to develop and produce a variety of television projects for air on the Fox News Channel as well as content for other platforms including Fox News’ digital properties. Glenn intends to transition off of his daily program, the third highest rated in all of cable news, later this year.

Speculation is, of course, rampant.  

[…] Two of the options Mr. Beck has contemplated, according to people who have spoken about it with him, are a partial or wholesale takeover of a cable channel, or an expansion of his subscription video service on the Web.

Reports this week that Joel Cheatwood, a senior Fox News executive, would soon join Mr. Beck’s growing media company, Mercury Radio Arts, were the latest indication that Mr. Beck intended to leave Fox, a unit of the News Corporation, when his contract expired at the end of this year.

Notably, Mr. Beck’s company has been staffing up — making Web shows, some of which have little or nothing to do with Mr. Beck, and charging a monthly subscription for access to the shows. 

He's not going away. Frankly, this is part of the not-that-slow collapse of the whole "tv network" paradigm that the internet is forcing. "TV' isn't going away as fast as traditional publishing, which is going away much faster than the traditional music distribution business, but it's circling the drain rapidly with streaming and direct deals for iPads and tablets and phones and all sorts of streaming.

Below, the worst of Glenn Beck, but why he's not stupid about media.  Laugh and weep.

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What Is Best In Academic Freedom, Cronon? Not To Crush Your Enemies

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by Gary Farber

The current attempt by the radical "conservative" Republican Party of Wisconsin, which is so typical of the national and other state Republican Party leadership, has met a roadblock.

But a reminder of what the philosophy of the GOP is, here:

Wisconsin Republic Party Leader: Hao! Dai ye! We won again! This is good, but what is best in life?
Cronan: The open steppe, fleet horse, falcons at your wrist, and the wind in your hair.
Wisconsin Republic Party: Wrong! Conan! What is best in life?
Wisconsin Republic Party Leader: To crush your enemies, see them driven before you, and to hear the lamentation of their women.
Wisconsin Republic Party Leader: That is good! That is good.

We have video of this meeting:


 

And thus the saga of Conan meets Cronan.

What's the latest development?

The Chancellor of the University of Wisconsin, Biddy Martin, has issued a public statement:

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do as I say, not as I do

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by fiddler

(not an April Fool’s post, despite the date)

Richard A. Clarke, former counter-terrorism czar for both the Clinton and Bush administrations, had some strong words about the US Chamber of Commerce’s aborted plans for discrediting its critics, which included spying on families, using malware to steal information, faking documents to embarrass its liberal opponents, and creating and using ‘sock puppet’ personas to infiltrate their targets.*

Clarke said of the US Chamber’s plans to hack, impersonate, spy upon and steal from its perceived opponents:

“I think it’s a violation of 10USC. I think it’s a felony, and I think they should go to jail. You call them a large trade association, I call them a large political action group that took foreign money in the last election. But be that as it may, if you in the United States, if any American citizen anywhere in the world, because this is an extraterritorial law, so don’t think you can go to Bermuda and do it, if any American citizen anywhere in the world engages in unauthorized penetration, or identity theft, accessing a number through identity theft purposes, that’s a felony and if the Chamber of Commerce wants to try that, that’s fine with me because the FBI will be on their doorstep in a matter of hours.”

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GOP’s Radical Breakage Continues

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by Gary Farber

Who is "Wisconsin's most dangerous professor"?  He's William Cronon.  Who he?  He's this incredibly threatening man:

[…] In 1991, Cronon completed a book entitled Nature's Metropolis: Chicago and the Great West, which examines Chicago 's relationship to its rural hinterland during the second half of the nineteenth century. In 1991, it was awarded the Chicago Tribune's Heartland Prize for the best literary work of non-fiction published during the preceding year; in 1992, it won the Bancroft Prize for the best work of American history published during the previous year, and was also one of three nominees for the Pulitzer Prize in History; and in 1993, it received the George Perkins Marsh Prize from the American Society for Environmental History and the Charles A. Weyerhaeuser Award from the Forest History Society for the best book of environmental and conservation history published during the preceding two years. 

[…]

In July 1992, Cronon became the Frederick Jackson Turner Professor of History, Geography, and Environmental Studies at the University of Wisconsin ­Madison after having served for more than a decade as a member of the Yale History Department. In 2003, he was also named Vilas [pronounced "Vy-lus"] Research Professor at UW-Madison, the university’s most distinguished chaired professorship.

Cronon has been President of the American Society for Environmental History, and serves as general editor of the Weyerhaeuser Environmental Books Series for the University of Washington Press.  […]  He has served on the Governing Council of The Wilderness Society since 1995, and on the National Board of the Trust for Public Land since 2003. He has been elected President of the American Historical Association for 2011-12.

Born September 11, 1954, in New Haven , Connecticut, Cronon received his B.A. (1976) from the University of Wisconsin, Madison. He holds an M.A. (1979), M.Phil. (1980), and Ph.D. (1990) from Yale, and a D.Phil. (1981) from Oxford University. Cronon has been a Rhodes Scholar, Danforth Fellow, Guggenheim Fellow, and MacArthur Fellow; has won prizes for his teaching at both Yale and Wisconsin; in 1999 was elected a member of the American Philosophical Society' and in 2006 was elected a Fellow of the Wisconsin Academy of Sciences, Arts and Letters as well as the American Academy of Arts and Sciences.

He is obviously a Maoist of the worst Marxist–Leninist sort! 

How do we know?  Because the Republican Party of Wisconsin wants him investigated.

The Republican Party of Wisconsin has made an open records request for the e-mails of a University of Wisconsin professor of history, geography and environmental studies in an apparent response to a blog post the professor wrote about a group called the American Legislative Exchange Council (ALEC).

Professor William J. Cronon, who is the president-elect of the American Historical Association, said in an interview Friday that the party asked for e-mails starting Jan. 1.

The request was made by Stephan Thompson of the Republican Party of Wisconsin. In his request, Thompson asked for e-mails of Cronon's state e-mail account that "reference any of the following terms: Republican, Scott Walker, recall, collective bargaining, AFSCME, WEAC, rally, union, Alberta Darling, Randy Hopper, Dan Kapanke, Rob Cowles, Scott Fitzgerald, Sheila Harsdorf, Luther Olsen, Glenn Grothman, Mary Lazich, Jeff Fitzgerald, Marty Beil, or Mary Bell."

Most of the names are Republican legislators. Marty Beil is the head of the Wisconsin State Employees Union and Mary Bell is the head of the Wisconsin Education Association Council.

Cronon said the university had not yet complied with the open records request. The e-mails would be subject to the state's open records law because they were written on an university e-mail account.

The university has an e-mail policy that states, "University employees may not use these resources to support the nomination of any person for political office or to influence a vote in any election or referendum.”

Cronon said he did not violate the policy in any way. "I really object in principle to this inquiry," Cronon said of the party's open records request.

Thompson was not available for comment. But in an statement, Mark Jefferson, the party's executive director, said, "Like anyone else who makes an open records request in Wisconsin, the Republican Party of Wisconsin does not have to give a reason for doing so. […]"

What was Cronon's offense?  He wrote an Op-Ed piece for the terrorist-loving New York Times.

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Economic impacts of the Japanese disaster

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by liberal japonicus I know there are a number of folks here who are, by training, interest, and/or inclination, interested in economic questions, so this interview with William Grimes entitled Japan's Post-Quake Economic Outlook: Recovery and Reconstruction might be of interest. It's short and the main points are As the area affected only accounts for 4% of … Read more

Their urge to betray – and ours

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WRITTEN BY Thomas Nephew, of Newsrack, NOT BY Gary Farber

Until recently, Peter Benjamin was the chairman of the Washington, D.C. area Metro transit system's Board of Directors. A former mayor of Garrett Park, he brought an avuncular personality and long experience with Metro affairs to the table. While in correspondence with us about the bag search issue I've written about before, he dismissed some of our assertions about the program's drawbacks — for example, he didn't believe it would cause much decline in ridership. But he seemed to take seriously the civil liberties issues involved.

Still, sometimes I think if I had a dollar for every time I've heard or read "I'm a supporter of the ACLU, but…" I could afford the richer, more refined lifestyle I truly deserve.


 

And sure enough, when push came to shove at a February 10 discussion of the bag search issue, Mr. Benjamin delivered what may be the new low standard in that genre. Beginning with the heart-sinking words "I am a long term member of the American Civil Liberties Union. Many of my friends consider me a civil liberties nut," Benjamin was giving the lie to those words within roughly twenty seconds. Even though asserting that the rights we have as citizens are "why we are the great country that we are" and personally believing that "bag checks are a violation of those rights, and …the beginning of a process that moves towards us having fewer and fewer and fewer of those rights," Mr. Benjamin continued:

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Further thoughts on helping in Japan

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by liberal japonicus

In the previous post, I suggested that Felix Salmon's original post (which he followed up here and here) was shallow and poorly thought out. In the comments, Turb suggests that this case has not been made. Also in the comments, commenter LKT notes the givewell blog and the goodintents blog and suggests that they give a more nuanced viewpoint.

I'm going to try and identify why I think the Salmon posts are shallow, but I'm not denying that people should carefully consider the ramifications of either donating to an organization that is pledging to devote those monies to Japan and those that refrain from doing so.

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disaster in Japan and thoughts about helping

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by liberal japonicus

There has been stories about a comparison of donations given to Japan versus Katrina and Haiti, and suggestions that because Japan is considered a rich, and developed country, donations are much lower. From the article:

As of Wednesday, the American Red Cross had raised $47 million for victims of the March 11 earthquake and tsunami. At the same point after the Haiti earthquake, it had raised $92.3 million. World Vision, a Christian humanitarian aid group, said it had raised $3 million for Japan from American donors as of noon Thursday, compared with $15.8 million within the week after the Haiti earthquake.

I don't know if that is the case, it may be possible that because opportunities for donations have been spread out so much, the gap might not be as great as reported. The Miyagi prefectural government has received many checks, but has no way at this time to convert them to yen, and there seem to be a plethora of other opportunities, so I'd like to think that the money totals are similar, just not as easily accounted.

I had hoped to write a post that listed all the major donation possibilities and portals, but a few days of searching convinces me that it is an impossible task. So I thought that I would try to talk a little bit about giving and give some thoughts to help folks find where they want their money to go, along with some thoughts about what your aid is getting, which I place below the fold.

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how do you like living in Omelas?

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by fiddler

Despite eastern Virginia’s steamy summers, the temperature can drop close to or below freezing at night in late fall, winter and spring. Concrete is not a good insulator against the chill in the ground, or in the air. And in a concrete cell in the brig at the Marine base in Quantico, VA, US Army Pfc. Bradley Manning is being forced to go without clothing for hours at a time, including sleeping at night and for inspections.

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Your zeitgeist post

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by liberal japonicus

I was one of the authors of the Port Huron Statement – the original Port Huron Statement, not the compromised second draft. And then I, uh – ever hear of the Seattle Seven? That was me… and there were six other guys.

 The Dude, Big Lebowski

In January of 1968, the reform movement known as Prague Spring began, which was initially/fundamentally President Alexander Dubček's program of economic decentralization and relief from censorship. The movement led to the invasion of Czechoslovakia by the USSR and Warsaw Pact allies 8 months later.

In March of 1968, Edson Luís de Lima Souto was killed by Brazilian Military Police during a student protest about the high price of meals at a student restaurant. This incident led to a number of protests in Rio de Janeiro and resulted in the enactment of Ato Institucional Número Cinco (Institutional Order 5), which closed the National Congress for a year, made political gatherings illegal and suspended habeus corpus for crimes that were politically motivated

In March of 1968, students occupied the administration building at the University of Paris in Nanterre. In the previous decade, the student population of the university had tripled, with little extra funding to support the university. The students occupying the admin building, issued a manifesto that called for "Outright rejection of the Capitalist Technocratic University". After the manifesto was distributed, the students left. 2 months later, on May 2nd, the French government closed down the university. Students at the Sorbonne organized a protest the following day and police entered the university. Protesting that hitherto unprecedented police invasion of a French university, the UNÉF (Union Nationale des Étudiants de France) and the union of university teachers marched thru Paris on May 6th. 20,000 protesters were sealed off by police, barricades were erected, and hundreds of students were arrested, with a confrontation between police and students in the Latin Quarter yielding many of the iconic images of that event. High school student unions also organized protests, and on May 7th, a large demonstration took place at the Arc de Triomphe focused on three demands: That all charges against the students be dropped, that police leave Nanterre and the Sorbonne and that both those universities, which had been closed, be reopened. The French government was not too concerned with these protests, there were industrial labor actions the previous year and continuing industrial action at Renault. On May 13th, the participating unions issue a call for a general strike. This is picked up in the press, and the call was published on the front page of L'Humanité. The action was held on May 15th. link and link  

In June of 1968, students at Tokyo University boycotted all classes. This action was led by medical students whose initial grievance was the service they were required to do upon completing their degrees. The boycott led to other actions at university across Japan. While a huge range of sweeping changes were enacted, a sit in at Yasuda Hall, continued until January 1969, when 8,000 riot police evicted the protesters. Protests occurred at approximately one-third of all the universities in Japan, all with various local origins pdf link

In October 1968, a large riot over the banning of a university lecturer active in the Black Power movement, Walter Rodney, occurred in Kingston, Jamaica. link

On Oct 2nd, 1968, October 2, a student demonstration in Mexico City resulted in the police and paramilitary forces killing over 100 people, in what is now known as Tlatelolco massacre link

In October, 1969, the party of Korean president Park Chung-hee forced through a constitutional amendment that permitted him to seek a 3rd term over the objections of the minority party. Park declared a state of national emergency in 1971, martial law in 1972 and Korea was riven by protests and riots for the next 10 years until the assassination of Park by the head of the director of the Korean CIA. 

In addition, there are a number of other incidents and historical points that I think are related, but may occur outside this 1968-69 period. The Cultural Revolution began in China in 1966, and by 1968, the Red Guards were virtually in charge of the country.

In Thailand in October 1973, 400,000 students and residents of Bangkok protested and were suppressed by the military. The student organization that was one of the main organizers, the NSC of Thailand, was formed after a bus fare hike in 1969 led to a protest. (link)

In the Phillipines, January 1970 marked the event known as the First Quarter Storm, where 50,000 demonstrators stormed the Presidential Palace.

I've purposely left out the 1968 events in the US (MLK assassination, Chicago, etc) and in some places in Europe because there is a tendency for USAians to view those events thru the lens of civil rights and Vietnam (I dare say we have a number of people who were at those protests here, and I'm not trying to denigrate or minimize what was done). I don't think that is wrong so much as I think looking at the period of time as a worldwide phenomenon, you get a different picture. More about that picture is below the fold. (if I did the extended entry code correctly.)

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Metro’s random bag searches (I)

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by Guest/incoming-front-pager Thomas Nephew

(I): Taborn's bombshell:

In mid-December, the Washington Metropolitan Area Transit Authority, or WMATA — better known as "Metro" — and its police force announced a new random bag search policy:

…police will randomly select bags or packages to check for hazardous materials using ionization technology as well as K-9 units trained to detect explosive materials. Carry on items will generally not be opened and physically inspected unless the equipment indicates a need for further inspection.

The randomness of the program is implemented by choosing some secret number N for each site and date, and selecting every Nth person with a bag. As described, the policy allows people approaching a station to decide to refuse the screening — they just can't then bring their bags with them:

Anyone who is randomly selected and refuses to submit their carry-on items for inspection will be prohibited from bringing those items into the station. Customers who encounter a baggage checkpoint at a station entrance may choose not to enter the station if they would prefer not to submit their carry-ons for inspection.

Opponents of the policy (including myself) deemed the policy unconstitutional, ineffective, and misguided — security theater that demands public acceptance of routine, suspicionless, unaudited (and therefore possibly profiling-based) searches for zero security in return.

Thanks in part to a good deal of mobilizing by opponents — including an online petition and an evening of nearly unanimous public opposition — WMATA's "Riders Advisory Council" (RAC), the institutional voice of Metro users, overwhelmingly passed a resolution in early January calling on the Board to halt the program, and require their police department to consider alternatives in consultation with civil liberties advocates.

Be observed… be watched As welcome as the 15-1-1 RAC vote was on January 5th, the real news may have happened earlier in the same meeting.

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Protecting the odious

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by fiddler

The US Supreme Court issued a majority opinion today that the homophobic and hostile Westboro Baptist Church is covered by the First Amendment when its members picket outside funerals; this is based on the grounds that the substance of the protests could be considered commentary on national matters.

“As a nation we have chosen…to protect even hurtful speech on public issues to ensure that we do not stifle public debate,” Chief Justice John Roberts wrote for the court. “That choice requires that we shield Westboro from tort liability for its picketing in this case.”

The Westboro church believes that any misfortune America suffers is divine punishment for the nation’s failure to follow the sect’s doctrine, which condemns gays, Catholics, Jews and others. The tiny church, whose membership largely consists of the founder’s family, pickets military funerals to get attention for its message.

This majority opinion stretches the First Amendment until it squeaks at the edges, to get it to cover hate-mongering and homophobia because those attitudes are associated with a presumed theological critique of national affairs. Eight of the nine justices concurred in the majority opinion, though Justice Stephen Breyer wrote a separate opinion partially modifying his concurrence. Justice Samuel Alito dissented, in a separate opinion that pointed out relevant issues that had not been considered by the court.

Immunizing Westboro from tort action means that the plaintiff, Albert Snyder, cannot sue in civil court for damages related to Westboro’s picketing at the 2006 funeral of his son, Lance Cpl. Matthew Snyder. An earlier Pennsylvania court decision that slapped Westboro with a $10.9 million judgment for the Snyder funeral protest was overturned on appeal before the case arrived at the Supreme Court.

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Winning Wisconsin, Pigs & Hippies Together: This is OUR HOUSE!

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by Gary Farber

Don't tell me we can't win this.  Wisconsin Police Have Joined Protest Inside State Capitol.

From inside the Wisconsin State Capitol, Ryan Harvey reports:

“Hundreds of cops have just marched into the Wisconsin state capitol building to protest the anti-Union bill, to massive applause. They now join up to 600 people who are inside.”

Ryan reported on his Facebook page earlier today [Friday, Feb. 25 -gf]],:

“Police have just announced to the crowds inside the occupied State Capitol of Wisconsin: ‘We have been ordered by the legislature to kick you all out at 4:00 today. But we know what’s right from wrong. We will not be kicking anyone out, in fact, we will be sleeping here with you!’

Ryan Harvey's video from Friday:


 

 My quotes:

[…] This is not a budget issue! This is a CIVIL RIGHTS ISSUE!  […] Mr. Walker!  […] We know pretty well now who you work for!  [applause] Let me tell you who WE work for! [points to self and police emblem]  We work for all of these people!  [applause] We are not here, Mr. Walker, to do your bidding!  We are here to do their bidding!  […]  Mr. Walker, this not your House!  This is all of our House!  [camera pans 360°]

I want to give this officer a big fat kiss on the mouth.

Pictures from Ryan Harvey, February 25, Occupied Capitol Building, Madison, WI:

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The New Republican Congressional Revolutionary Volunteers Of America

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by Gary Farber

Congressman stops short of calling for Obama assassination. Georgia Congressman Paul Broun's Tuesday night’s town hall meeting:

The first question of the night (confirmed by Broun’s office) was “when is someone going to shoot Obama?”

Broun’s response, Athens Banner-Herald (Georgia):

The thing is, I know there’s a lot of frustration with this president. We’re going to have an election next year. Hopefully, we’ll elect somebody that’s going to be a conservative, limited-government president that will take a smaller, who will sign a bill to repeal and replace Obamacare. He then segued into Republicans’ budget proposal.

Today: Loughner indictment expected by March 9, trial in Sept.:

Dylan Smith, TucsonSentinel.com

Prosecutors said they will indict Jared Lee Loughner on more federal charges by March 9, a court order said Thursday. U.S. District Judge Larry Burns said in the order that he expects a trial to begin before Sept. 20. Loughner, 22, is the alleged gunman in the Jan. 8 shooting that authorities call an assassination attempt on U.S. Rep. Gabrielle Giffords.

[…] Six were killed and 13 wounded in the attack on a constituent meet-and-greet at a Northwest Side grocery store. Giffords remains in a Houston rehab facility, recovering from her wounds.

Georgia Congressman Paul Broun had best not hold town meetings on Obsidian Wings. Posting Rules:

[…] Calls for the assassination of any person will be subject to immediate banning. Exceptions are made for legitimate military targets in time of war, being put to death after being convicted of a capital crime, etc. — basically, the things that make a killing not 'assassination' to begin with. As before, this is not a prohibition on criticism, vituperation, and all those other good things; just a recognition that there's all the difference in the world between passionately disagreeing with someone and calling for that person's death.

We would ban someone from here for such a statement. But Republican Georgia Congressman Paul Broun lets it pass without a word and:

[…] Broun’s press secretary, Jessica Morris, confirmed that the question was indeed, who is going to shoot Obama? “Obviously, the question was inappropriate, so Congressman Broun moved on,” she said.

We wouldn't just move on, if we noticed that here.

But it's okay if you're merely a Republican Congressional Representative.

Move along. Nothing to see here.

In June, Greg Sargent wrote: Sharron Angle floated possibility of armed insurrection:

Here's another one that could be tough for Sharron Angle to explain away: In an interview in January, Angle appeared to float the possibility of armed insurrection if "this Congress keeps going the way it is."

I'm not kidding. In an interview she gave to a right-wing talk show host, Angle approvingly quoted Thomas Jefferson saying it's good for a country to have a revolution every 20 years — and said that if Congress keeps it up, people may find themselves resorting to "Second Amendment remedies."

What's more, the talk show host she spoke to tells me he doesn't have any doubt that she was floating the possibility of armed insurrection as a valid response if Congress continues along its current course.

Asked by the host, Lars Larson of Portland, Oregon, where she stands on Second Amendment issues, Angle replied:

You know, our Founding Fathers, they put that Second Amendment in there for a good reason and that was for the people to protect themselves against a tyrannical government. And in fact Thomas Jefferson said it's good for a country to have a revolution every 20 years.

I hope that's not where we're going, but, you know, if this Congress keeps going the way it is, people are really looking toward those Second Amendment remedies and saying my goodness what can we do to turn this country around? I'll tell you the first thing we need to do is take Harry Reid out.

Larson says Angle was floating the possibility of armed insurrection if Congress keeps it up under Reid et al.

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Newton’s Third Law #4, the continuing story, with update

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by fiddler

(Previous Newton’s Third Law posts are here, here and here.)

Benjamin Spock de Vries says he is not Commander X, one of the ‘leaders’ of Anonymous whom Aaron Barr of HBGary supposedly found online. Apparently, Barr wrote several memos in which he connected Commander X’s identity to de Vries, all of which are included among the memos leaked by Anonymous. This mistaken identification led to an oddly amusing exchange, when Barr contacted him during the attack on HBGary by Anonymous:

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Scott Walker Reports To The Boss, David Koch

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by Gary Farber

Don't believe how it works?  Then listen for yourself.

Let's go with Adam Weinstein's take:

Is that really Scott Walker? [Update: Yep.] A New York-based alt-news editor says he got through to the embattled Wisconsin governor on the phone Tuesday by posing as right-wing financier David Koch…then had a far-ranging 20-minute conversation about the collective bargaining protests. According to the audio, Walker told him:

  • That statehouse GOPers were plotting to hold Democratic senators' pay until they returned to vote on the controversial union-busting bill.
  • That Walker was looking to nail Dems on ethics violations if they took meals or lodging from union supporters.
  • That he'd take "Koch" up on this offer: "[O]nce you crush these bastards I'll fly you out to Cali and really show you a good time."

Now check it out yourself:


 

The rest:

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The Wisconsin Waltz

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by Gary Farber

As flames of revolution spread across the Mideast, the fight against anti-union bills is spreading across the American Midwest.

David Dayen, aka dday, points out that Ohio, Indiana See Protests Against Anti-Union Bills:

Wisconsin remains the main battleground for the broader assault on worker’s rights. But elsewhere in the Big Ten states and across the country, these battles have moved forward. In Ohio, Gov. John Kasich is pushing pretty much the exact same bill as Scott Walker in Wisconsin. Known as SB 5, the bill would strip collective bargaining rights from Ohio public employees. SB 5 is a piece of legislation, so Kasich isn’t trying to implement this under the cover of a budget bill. However, he has said that if he doesn’t get what he wants out of SB 5, he will put those items into the next budget bill. Alternatively, this could go to the ballot. So SB 5 won’t be the last showdown. The Governor, aping Scott Walker, claims this is a fiscal issue, but nobody can explain how much money SB 5 would save.

Many Ohio Republican legislators are already looking askance at SB 5. With pressure rising from state editorial boards and organized labor, the State Senate may not have the votes to get this thing out of committee.

OB-MQ832_unions_G_20110220193255

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what do you do when the grand jury wants your tweets? (Updated)

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by fiddler

What do an Icelandic parliamentarian, a US computer researcher and a Dutch businessman have in common? They’re challenging the US government’s right to get Twitter to disclose their private information under sealed court order.

A hearing on this took place Tuesday in a federal court in Alexandria, Virginia, but no decision was reached; the judge is to issue a written opinion later.

The Electronic Freedom Foundation and the ACLU are representing Birgitta Jonsdottir, a member of the Parliament of Iceland. Dutch entrepreneur and hacker Rop Gonggrijp, and U.S. computer programmer Jacob Appelbaum are represented by private law firms as well as local counsel in Virginia.

From the Washington Post article written before the hearing, which did not name the defendants:

The dispute cuts to the core of the question of whether WikiLeaks allies are part of a criminal conspiracy or a political discussion. It also challenges the Obama administration’s argument that it can demand to see computer data and read months’ worth of private messages, even if they have nothing to do with WikiLeaks.

The international implications haven’t been ignored:

Iceland’s foreign ministry last month summoned the US ambassador in Reykjavik to express “serious concern” about the bid to obtain personal information about Jonsdottir, the Icelandic MP.

Jonsdottir, an early WikiLeaks supporter who distanced herself from the site a few months ago, is an active promoter of freedom of information and a member of the Icelandic parliament’s foreign affairs committee.

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The Revolution Will Not Be Televised; It Will And Has Been Tweeted

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by Gary Farber

Revolutions have happened in the Mideast?  How?  Why?  Because this is the 21st century, and the revolution is online.

A picture is worth a thousand words, and I will give you 5000 in five pictures:

Egypt

Experiation%20date_%20from%20twitter%20user%20@nadiae 
 
 
Political%20Pictures%20-%20Best%20Egyptian%20Protest%20Signs 

Political%20Pictures%20-%20Egyptian%20Protest%20Signs 

Political%20Pictures%20-%20Egyptian%20Protest%20Signs-1 

What happened?  This.   

[…] 

The exchange on Facebook was part of a remarkable two-year collaboration that has given birth to a new force in the Arab world — a pan-Arab youth movement dedicated to spreading democracy in a region without it. Young Egyptian and Tunisian activists brainstormed on the use of technology to evade surveillance, commiserated about torture and traded practical tips on how to stand up to rubber bullets and organize barricades.

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The Media in Sixteen Snappy Paragraphs

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Guest Post by John Emerson, posted by Gary Farber, to cover Gary while traveling, but who was delayed by hotel internet service going out.

(Everything below is expressed in its maximal form, as per my normal modus operandi. Readers may want to trim certain passages in accordance with their own tastes.)

Everyone talks about the media, but no one has been able to do anything about it. I share the common opinion that the disaster of contemporary American politics is in large part the result of the corruption and dishonesty of the media, and I also believe that this corruption is deep-rooted and unlikely to change, and that as a result we are between a rock and a hard place somewhere up shit creek. Eight years ago I thought that the internet would change things, but that hasn’t seemed to have happened. A lot of us are now better-informed than the media want us to be. But there are not enough of us and we remain a powerless minority, even (it has turned out) within the Democratic Party.

I am not trying to replace the libraries of media criticism that already exist, but merely to sum up my understanding of the situation in a few snappy phrases.

AMBIENT OPINION

 

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Newton’s Third Law #1, 2nd UPDATE , 5:30 p.m. EST

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by fiddler

Last Saturday, an article in the Financial Times featured Aaron Barr of cybersecurity firm HB Gary Federal, boasting that he had discovered the identities of key members of the hacking collective that calls itself Anonymous.

Any cybersecurity firm worth its salt should realize that this action would result in a reaction, and should create protocols and take precautions to avoid them.

Hmm. Apparently not.

In short order, Anonymous hacked them, printed “Fail” across Barr’s photo, wrote him a scathing letter to accompany it, and released a compilation of 40,000+ of the company’s files and memos to the public. Some of these concerned a presentation prepared for Bank of America last December on how the bank could protect itself against Wikileaks.

One of HB Gary Federal’s bright ideas? Target Salon columnist Glenn Greenwald, who is also a New York Times best-selling author and attorney. Why? On the grounds that because Greenwald wants to make sure Bradley Manning isn’t being mistreated and Manning is accused of leaking files to Anonymous, Greenwald therefore must be part of Anonymous.

Wrong.

 

 

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Walk Like An Egyptian

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by Gary Farber

Blender:

Robert Fisk:

Exhausted, scared and trapped, protesters put forward plan for future.   […] Sitting on filthy pavements, amid the garbage and broken stones of a week of street fighting, they have drawn up a list of 25 political personalities to negotiate for a new political leadership and a new constitution to replace Mubarak's crumbling regime.

They include Amr Moussa, the secretary general of the Arab League – himself a trusted Egyptian; the Nobel prize-winner Ahmed Zuwail, an Egyptian-American who has advised President Barack Obama; Mohamed Selim Al-Awa, a professor and author of Islamic studies who is close to the Muslim Brotherhood; and the president of the Wafd party, Said al-Badawi.

Sights:


 

Fisk again:

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We Control The Horizontal

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by Gary Farber

Appearances matter.  To control information is to control.  "Don't judge a book by its cover" is a popular saying that will cause anyone who sells books or works in publishing to ROFl ("roll on the floor laughing"), because it's exactly what people do, though no one wants to admit to doing it.  It's always someone else.

In Egypt, we're seeing this play out. Mubarak intensifies press attacks with assaults, detentions:

Egyptian President Hosni Mubarak unleashed an unprecedented and systematic attack on international media today as his supporters assaulted reporters in the streets while security forces began obstructing and detaining journalists covering the unrest that threatens to topple his government.

Democracy Now!


 

[…]

In the past 24 hours alone, CPJ has recorded 30 detentions, 26 assaults, and eight instances of equipment having been seized. In addition, plainclothes and uniformed agents reportedly entered at least two hotels used by international journalists to confiscate press equipment. On Wednesday, CPJ documented numerous earlier assaults, detentions, and confiscations. Mubarak forces have attacked the very breadth of global journalism: Their targets have included Egyptians and other Arab journalists, Russian and U.S. reporters, Europeans and South Americans.

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De Nile Truly Is A River

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by Gary Farber

There are many expert reporters on Egypt, obviously, and tons of scholars.  But let's start with the excellent generalist on international policy that everyone has, I hope,  been reading for many years — and if you haven't you should start last year or whenever — Laura Rozen. Some good news and bad news:

Earlier today, I was on a panel discussing coverage of the Egypt unrest, and someone mentioned that no one had seen it coming.

But that is not the case. Several foreign policy scholars and former officials have been urging the U.S. administration for months to prepare for the end of the Hosni Mubarak era and the instability that would accompany it.

Now that the administration has found itself scrambling the past few days to, first, try to avert a bloodbath in Egypt and more broadly, figure out what to do amid a hugely complicated power transition there with much at stake for the U.S., it's worth noting the people who have been pleading for policy attention on this issue long in advance. Chief among them, the Carnegie Endowment for International Peace's Michele Dunne, a former NSC and State Department Policy Planning official, and the Brookings Institution's Robert Kagan, who co-chair a bipartisan working group on Egypt.

I (and others) wrote about their efforts to get the U.S. policy community to pay attention. See "W.H. pressed on Egypt democracy," from September:

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The Unbearable Triteness of Whiteness & Why The Term “Political Correctness” Must Die

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by Gary Farber

Always read Ta-Nehisi Coates.  He's one of the best.  In The Unbearable Whiteness of Pro-Lifers and Pundits, he reminds us of how Santorum became a Savage Google bomb.

And Rick Santorum is still running for the Republican plum.

Santorum has said he is considering candidacy for the Republican nomination for President of the United States in the 2012 presidential election. On September 11, 2009, Santorum spoke to a group of Catholic leaders in Orlando, Florida. He told the leaders, "I hate to be calculating, but I see that 2012 is not just throwing somebody out to be eaten, but it's a real opportunity for success." He also scheduled appearances with political non-profit organizations that took place in Iowa on October 1, 2009.

Santorum re-iterated his consideration of a 2012 run in a e-mail and letter sent on January 15, 2010 to supporters of his Political Action Committee saying, "After talking it over with my wife Karen and our kids – I am considering putting my name in for the 2012 presidential race. I'm convinced that conservatives need a candidate who will not only stand up for our views, but who can articulate a conservative vision for our country's future," Santorum also writes. "And right now, I just don't see anyone stepping up to the plate. I have no great burning desire to be president, but I have a burning desire to have a different president of the United States."

He gives me different burning desires. 

Coates: 

Last week Rick Santorum proved himself to be Rick Santorum:

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One Way To Connect

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by Gary Farber

ONE WAY TO CONNECT can be this:

This is America:

This is something we can do:

To Beat Back Poverty, Pay the Poor:

The city of Rio de Janeiro is infamous for the fact that one can look out from a precarious shack on a hill in a miserable favela and see practically into the window of a luxury high-rise condominium. Parts of Brazil look like southern California. Parts of it look like Haiti. Many countries display great wealth side by side with great poverty. But until recently, Brazil was the most unequal country in the world

Everything connects:

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