Joanne Dixon

Everyday Erinyes #135

 Posted by at 9:29 am  Politics
Sep 082018
 

Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto, Megaera, and Tisiphone. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”

This week’s article is a bit diferent, and has really nothing to do with the Furies (who are probably so busy with Brett Kavanazi and the anonymous op-ed writer [you can run, but you can’t hide – from the Furies] that it may be a mirracle if they have any hair left at this point). I’ve been getting emails from PEN America (not the same as The PEN, although I get theirs too), and I admit to not reading every one, but the one I received this week – TC may know they have been doing this, but I didn’t, so I’ll assume most of the rest of us don’t either.

Every year, hundreds of imprisoned writers from around the country submit poetry, fiction, nonfiction, and dramatic works to PEN America’s Prison Writing Contest, one of the few outlets of free expression for the country’s incarcerated population. Manuscripts come to the Prison Writing Program in a variety of forms: Some are handwritten, some are typed, some are written in the margins of legal documents. Prizes of $250, $150, $100, $50, and $25 are awarded for first, second, third place, the Dawson Prize, and honorable mentions, respectively, in each of the following categories. Read our winning manuscripts by clicking on each title below! 

I knew that PEN America was into freedom of the press, both in the United States and throughout the world, but the Prison Writing Project is way over and above that.

Founded in 1971, the PEN Prison Writing Program believes in the restorative, rehabilitative and transformative possibilities of writing. We provide hundreds of imprisoned writers across the country with free writing resources, skilled mentors, and audiences for their work. Our program supports free expression, and encourages the use of the written word as a legitimate form of power. We strive towards an increasingly integrative approach, aiming to amplify the voices and writing of imprisoned people to expand beyond the silo of prison, and identity of prisoner…. On September 13, PEN America will celebrate the winners of this year’s contest with a live reading at the Brooklyn Book Festival, Break Out: Voices from the Inside.

I can’t possibly share all the award winners just because of length, but I’ll share a few in full or in part, not necessarily First Place, but some I found moving. You can find links to all the winners and honorable mentions at the link in my second paragraph.

Poetry, Second Place, Sean J. White, “discovery after twenty years in prison”

Sometimes I fear
I might be
A sociopath
I have such
A propensity
For violence
Whether actual
Physical assault
The dream of it
Or bare-toothed
#
Aggression
The only thing
People seem
To understand
When wolves
Were reintroduced
to Yellowstone
Herds of ruminants
Clumped closer
Together
#
This morning
I attacked
A collection
A woman wrote
for/about
Her autistic son
My jaw ached
Fighting back tears
###

Fiction, First place, William Myrl Smitherman, “Richard”

It was Richard’s job to gather eggs in the morning. He wasn’t big enough to bring water in from the pump or do much else besides tangle in his mother’s night dress as she busied herself with breakfast. The coop was dark like the caves higher in the mountain where he wasn’t meant to be playing, dark like the secret places in himself and the echoing unknowns of behind-door adult choices. The coop was the mouth of a monster, stinking with a different stink in the dry and in the wet, clean with the filth of feathers and excess rubbish from the gentle raptors that resided there. He crouched to enter, though he was small enough to stand erect beneath the little door. He would try and surprise the birds, but he couldn’t. They clucked and bawked at him like they had seen it before and he was no one anyhow so why bother….

In the predawn unlight, he navigated by touch as rough wood gave way to yielding pulsing layers and admonitory clucks before his hand closed around the firm ovoid and grey black prizes. The sun had yet to pierce the slats of the coop and transform them into brown or speckled shells. He piled them in a basket. The birds knew him, and he had named them all—Fatbutt and No Bones and Charlie—and they responded to his coos and calls as he made his round in the warm throat of the beast.

Essay, First Place, Sant James Harris Wood, “The Swallow War”

These American Cliff Swallows have been coming to San Luis Obispo for a thousand years, flying up from Goya, Argentina (if we are to believe them), and once here they frantically, industriously search out little globs of mud and build nests that resemble tiny brown desert igloos. The prison is smack dab in the middle of the little birds’ centuries old customary nesting grounds. Figuring that we’ve placed the prison here for their convenience, the swallows build their nests in the infrastructure of the steel girders—imagine a bridge built in a square with all the little caches, tiny lairs, and small dens that three stories of steel beams offer. This singular edifice sits in the center of the prison; it’s open air and we call it the plaza. There are a couple of trees, some sickly grass, and a 100 yard circular sidewalk in the plaza connecting our four yards. All the cops, free staff, and convicts (around 3,000 people) march through it to work, to school, to the library, and everywhere else we are compelled to go during the day, from four in the morning until around ten at night. Right above the sidewalk is the metal structure with its niches, nooks, and crannies—about every four to five inches—where the swallows build their nests, and there are a couple thousand of these spaces in the plaza. It is a wonderfully odd and happenstance open air aviary—except of course for the barbed wire and incarceration. The swallows are free and the humans are trapped. As we walk back and forth beneath their nests to school and work, the swallows, who apparently aren’t afraid of humans, stare grumpily at us, trespassing in their prison.

Drama, First Place, Jesus Alvarez, Viorel Capraru, Jason Christner, Sterling Cunio, Key Davis, Benjamin Pervish, Troy Ramsey, Phil Stockton, “The Bucket”

(Cheesy music plays while NARRATOR and the INTERPRETER walk us through the orientation. INTERPRETER wears a cardboard sign around his neck saying: INMATE INTERPRETER)

NARRATOR: Ladies and gentlemen, we’d like to welcome you to our theatrical presentation, our show, “The Bucket.”

INTERPRETER: What up do? My name is Bloodbath and I’ll be your inmate interpreter, breakin’ it down to you in layman’s terms. Prison talk, feel me

NARRATOR: What you see before you is a two dimensional representation, a flattened image of a typical Solitary Confinement cell.

INTERPRETER: Yes, what you see before you is the concrete coffin, the SMH, IMU, DSU, the CNN, the BFF. This is the hole, the box, the Bucket. Pretty much nothing changes about the place but the name.

NARRATOR: Marked on the floor are the typical dimensions of a nine feet by six foot cell, in masking tape.

INTERPRETER: Nine by six cell and small as hell. Not big. I can barely do the James Brown in here, I can bang my head against four walls in four seconds. I’d show you if it had walls, there are no walls. Otherwise how would you see into the cell, know what I’m sayin’? It’s theatre. Hey, ask the fuckin’ director. I just work here.

At the link in the second quote, if you scroll down a little, you can find further links to the guidelines for entering and to the Winner Archive. Don’t go to the latter if you don’t have the time to be mesmerized. I hope it’s clear from the excerpts, but, just to spell it out – this stuff is amazing.

The Furies and I will be back.

Cross posted to Care2 HERE.

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Outspoken

 Posted by at 8:36 am  Politics
Sep 042018
 

A little over a week ago, we were discussing Bill Maher’s latest “New Rules,” in which Bill suggested we should merge with China. TomCat suggested we would be better off with Canada. I suggested that Australia might be a better fit, to which Animae kindly responded, “Absolutely.” I say that it was kind of her because, although there are many wonderful things abut Australia, I was not thinking of any of those when I made the comment. I was thinking of what I had been reading about their off-shore refugee camps. In fact, though, Australia has many issues similar to issues we see in the U.S., most of which can be bundled into “Republicans.” Called, I gather, “Conservatives” there.

So when Lona sent the “Gang of Five (TC, Nameless, Squatch, herself, and me)” an email about an Anglican priest in Gosford, New South Wales, who is putting up signage at his church which sound like things Jesus might actually say (and getting a lot of flak, also not unlike Jesus), I read it with interest. Lona had seen a news item on him on ABC (Oz Broadcasting Co.), which we in the US and Canada can’t view. But I looked on YouTube and found numerous videos, including a TED talk, which we can view. I picked this four-year-old one to embed rather than the TED talk because it is short and kind of introductory (and has a LOT of signs).

Father Rod Bower is the vicar (or pastor or parish priest or maybe some other term, depending on your tradition) of Gosford (St. Mary’s) Anglican Church, which is, as already mentioned, in NSW, Australia. In 2013, he decided to use the signboard outside the church – the one that letters can be put in and taken out to change the message – for something perhaps more important than announcing the dates and times of services.

It was a personal experience which move him enough to take this step – you might say it radicalized him.

He’d been called to deliver last rites, and the dying man’s family kept his male partner out of the room.

“They were anxious I would be judgmental of this man, and it really pulled me up that they could experience marginalisation because of me and because of what I represent,” Father Bower told [ABC] 7.30.

He returned to his church and put up a sign saying, “DEAR CHRISTIANS, SOME PPL ARE GAY. GET OVER IT. LOVE GOD”.

The sign went viral on social media and Father Bower realised he had a platform.

It’s brought him – well, it kind of reminds me of a verse attributed to Jesus: “Anyone who gives up father and mother, sister and brother, for my sake will receive hundreds, thousands, of fathers, mothers, sisters, and brothers, and persecution too.” He has tens of thousands of followers on social media. And he has death threats.

He’s emotional when he speaks about a serious threat before the Sydney Gay and Lesbian Mardi Gras in 2014, and the conversation he had with his wife Kerry Bower before he set off to take part in the parade.

“We talked about there [being] not just my life at risk here, but also young LGBTI people are taking their own lives because of their experience of marginalisation,” he said.

More death threats followed, and Ms Bower says they both wondered whether they should stop being so vocal.

“We thought, what are we doing? We have children, we have grandchildren, this is crazy, nothing is worth this,” she said.

“But Rod said, ‘No, I can’t stop.’ And I kind of went, ‘I get it, we can’t stop because someone has to challenge this stuff’.”

He originally planned to focus on just three issues – but other things have gotten his attention too. I understand that perfectly. When one sees something – sometimes one just has to say something. Even if that something is not in one’s own nation. One of the biggest responses was to a sign more addressed to the United States than to Australia:

That one made waves all over the United States with those who saw it.

Father Bower has just published a book (literally just published: Amazon posted it just yesterday, and so far, only to Kindle) called Outspoken: Because Justice Is Always Social. But there are other vendors who have it in print.

Speaking as a citizen of the nation which can boast Jim Wallis, John Pavlovitz, and the Rev. Dr. William J. Barber III, I would be delighted – and humbled – to clasp hands across the sea with the nation which lays claim to Father Rod Bower.

Cross posted to Care2 HERE.

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Everyday Erinyes #134

 Posted by at 11:41 am  Politics
Sep 012018
 

Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto, Megaera, and Tisiphone. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”

You may remember how furious I was when the regime of Orange Judas started deporting veterans, and how even more furious I was when it started to deport active duty military, both of which groups had signed up in good faith to help in ways that there simply were not enough citizens qualified to do (such as language skills), and whose honorable actions were a compelling case for them to be granted citizenship. If you do, imagine how furious I am now that it has started to DEPORT CITIZENS.

The State Department is calling into question the legal status of Latinx citizens along the southern border based on the claim that “there has been a significant incidence of citizenship fraud” in the region, though there is evidence of no more than a handful of cases. In 2009, the government seemed to have settled the matter in court with the ACLU before Trump’s State Department recently resurrected this xenophobic conspiracy theory. As a result, Latinx citizens residing near the southern border have been denied passports, prevented from re-entering the country without warning, detained in immigration camps and scheduled for deportation proceedings.

For years right-wing pundits have harped upon the importance of coming to the United States legally — “doing it the right way.” But if they mean what they say, then how can they support the denial of citizenship to documented Latinxs who were born in the US? If the hackneyed reactionary refrain that anti-immigrant policies are about legality rather than racism is true, then why is the Trump administration planning to make it harder for legal immigrants to obtain green cards and citizenship? 

Not, perhaps, surprisingly, U. S. citizens attempting to use valid passports are also being affected. From the Washington Post, quoted at Daily Kos,

In some cases, passport applicants with official U.S. birth certificates are being jailed in immigration detention centers and entered into deportation proceedings. In others, they are stuck in Mexico, their passports suddenly revoked when they tried to reenter the United States. As the Trump administration attempts to reduce both legal and illegal immigration, the government’s treatment of passport applicants in South Texas shows how U.S. citizens are increasingly being swept up by immigration enforcement agencies. 

This is short, today, but I see no point in piling stories on stories, or ranting about how this was here all the time; it was behind all the furor about Barack Obama’s citizenship, and we should have looked closer at how seriously they were taking that, and if we had, we might have seen sooner exactly how huge the enemy was and is that we have to fight.  (But maybe we should have.)

Mark Bray, writing in Truthout, makes an interesting case that it’s difficult to fight this kind of thing by attacking it as breaking the law, because the word “law” doesn’t mean to fascists what it does to sane people. They believe they are defending a “natural law” which is higher than artificial laws enacted by “paper-pushers.” I think we’ve seen this same attitude in “evangelical Christians” – the ones who, among other things, shoot up women’s health clinics and murder doctors. But, in the United States, in our lifetimes, we have not seen it so blatantly expressed by people who are already in government. The closest my memory can come to that is Nixon’s “if the President does it, it’s not a crime.” Shocking as that was, maybe we didn’t listen deeply enough to it.

Alecto, Magaera, Tisiphone, I have to tell you that Puerto Ricans have already called upon Chupacabra, but, unfortunately, he has been unable t gag Orange Judas down. So now I’d like you to run down to Mexico (you may not have to go all the way as there have been some sightings in New Mexico, although not recently) and look up La Llorona. If she can be brought to understand that [a] despite his over-six-foot height, Donald J. Trump has the mind and the emotional maturity of a two-year-old, and is therefore actually a child, and that [b] the Potomac is lovely this time of year, perhaps she can be persuaded to help us.

The Furies and I will be back.

Cross posted to Care2 HERE.

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Everyday Erinyes #133

 Posted by at 8:01 am  Politics
Aug 252018
 

Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto, Megaera, and Tisiphone. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”

So, we have midterm elections coming up. And our last big election two years ago was hacked big time, ncluding by foreign influence. And, ever since Citizens United, we’ve been seeing the huge influence of money, and particularly “dark money,” in our elections, much of it taking the form of donations through and from PACs. Now, even though states are responsible for handling their own elections, we do have a Federal Election Commission. an agency that enforces the regulations brought into being by legislation, court decisions, and executive order – an agency which was already overwhelmed during the Obama administration, and I hope no one thinks that ANY agency is going to fare any better under the present regime than it did before it.

In fact, PACs are making new loopholes, exploiting old ones, and just flat ignoring some regulatory requirements, notably deadlines. And lest anyone think it is just right-leaning PACs doing this, I’m sorry to have to say that left-leaning PACs can be just as sneaky.

Mere days after it sprang to life in a burst of paperwork, the new super PAC Red and Gold spent nearly $1 million attacking Rep. Martha McSally, a battleground GOP Senate candidate favored by Majority Leader Mitch McConnell. But first, Red and Gold took a step to hide its tracks.

Red and Gold sent a brief note to the Federal Election Commission informing regulators that it would file monthly reports showing who financed the group. Its first disclosure “will be due on September 20,” the super PAC wrote — more than three weeks after McSally’s Arizona Republican primary is over.

It wasn’t the first super PAC to pull that trick: The scheme is part of a sharp escalation in super PACs avoiding reporting requirements and keeping voters in the dark about their funding until after key elections. Two other groups aired more than $3 million in attack ads in West Virginia’s GOP Senate primary this year and used the same method to dodge the FEC until after the May 8 vote. Overall, at least two dozen super PACs that spent millions of dollars in recent elections used loopholes to get out of revealing their donors, according to information compiled by the Campaign Legal Center, a watchdog organization.  [emphasis mine]

I must point out that most of these groups ended up making their filings and revealing their donors, but – and this is the point – not until after the elections they were spending in were over. One of the ways to do this is to spend money only very close to the election, so that by the time the filings are done, the election will be over. and then, some actually didn’t file, at all. Once a super PAC has found a loophole, others tend to say “Oh, that’s cool – let’s do that.”

That’s what happened with Highway 31, the super PAC that spent more than $4 million supporting Democrat Doug Jones during the contentious Alabama special election in 2017. In an unprecedented move, Highway 31 reported debts to its vendors but no donors on its pre-election FEC report — essentially, the super PAC’s ad-makers loaned the group the funds to spotlight allegations that Republican Roy Moore had been banned from a shopping mall because he made advances toward a 14-year-old girl. It wasn’t until after Jones won that Highway 31 revealed it was largely funded by Senate Majority PAC, the super PAC run by allies of Senate Minority Leader Chuck Schumer.

The entities which on paper “loaned” money to Highway 31 could wind up in a bind under Federal law – or not – it might be very difficult to prosecute, and the PACs themselves are in the clear. They followed their reporting schedules. You might think that Republicans would be eager to prosecute Democrats if they could; but now a Republican PAC, Ohio First, which is pushing Jim Renacci for Senate (against Sherrod Brown), is doing the same thing. It has reported debts but no spending, and therefore, also no donors.

Both these PACs actually copycatted two competing PACs in West Virginia, one of which was funded by Democratic donors, and the other by the Senate Leadership Fund, Mitch McConnell’s super PAC. Oops.

Ohio First is one of the PACs which actually went so far as to disregard a key filing deadline, so the FEC could conceivably slap it with a $17,000 fine for that. However, as Campaign Legal Center, a group which is watching these PACs and filing complaints, points out, if such fines are imposed, the PACs will likely consider them “a small fee for keeping their donors secret.” In other words, a cost of doing business.

Alecto and Tisiphone, perhaps you could look into this. I need Megaera to address a different problem – to wit, the way that SOME white women use tears as a weapon, and how, these days, some of the most affected victims are women of color.

So, here’s Lisa Benton Cooper, a reporter (now an ex-reporter) at KSHB-TV 41 Action News. She already has a discrimination complaint against the station going, but is still employed there. She also has a Facebook page, which is set to private, viewable only by herself and friends. A couple of those friends are women colleagues at the station. On that page, she shared an article from The Guardian about a diversity conference in Sydney, Australia, written by Ruby Hamad, who is a journalist and a PhD candidate at the University of New South Wales.

The article is an opinion piece, but it’s solidly backed with citations; apparently Ms. Hamad grasps the concept of research. It’s not a blanket condemnation of all whites, or all white women, or whatever. But “two white females” who saw the post and who worked at the station complained to human resources (no word on whether they were in tears at the time). Thereafter, Cooper was suspended for making “broad, unfair characterizations of white women as a group based on their race and gender.”

Learning of this, Ruby Hamad took to Twitter. Well, you can hardly blame her – by the action they took in criticizing her article, the “two females” in fact proved its point. But in the process, it was Lisa Benson Cooper who was hurt. Megaera, I don’t know what you’ll have to do to get the point across – but you Erinyes are very good at doing that. If you have to get the point across to every white woman in the world – well, every one who – weaponizes tears; some of us don’t – you will certainly need reinforcements. We’ve seen a lot of it lately – Barbeque Becky comes to mind, but she’s far from the only one. Good luck.

The Furies and I will be back.

Cross posted to Care2 HERE.

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Everyday Erinyes #132

 Posted by at 10:50 am  Politics
Aug 182018
 

Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto, Megaera, and Tisiphone. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”

Dr. Stanley Andrisse is an endocrinologist. He is also a professor at Johns Hopkins Medicine. He also holds an Assistant Professorship at Howard University College of Medicine. Somehow he also manages to find time to advocate for formerly incarcerated persons as the executive director of From Prison Cells to PhD, Inc. This organization helps formerly incarcerated people obtain higher education. Why does he do this? Because Dr. Andrisse himself was once incarcerated and lacking education. And he knows what a dead end that can be.

Dr. Andrisse hails from Ferguson, MO. He started selling drugs young. The first time he was arrested, he was 14. By age 17, he was moving a lot of drugs, both across Missouri, and throughout the United States. And he was a bright student. But school was not really his thing, even though he received a football scholarship to Lindenwood University. At that time he made an effort to get out of the drug business. But there were a lot of people in that business who very badly wanted him to stay in it. He did achieve a Bachelor’s degree (which he never got to use). But he didn’t view the experience the same way he views it now.

He now speaks passionately about the transforming power of education.

Education provides opportunities for people with criminal records to move beyond their experience with the penal system and reach their full potential. The more education a person has, the higher their income. Similarly, the more education a person has, the less likely they are to return to prison.

A 2013 analysis of several studies found that obtaining higher education reduced recidivism – the rate of returning to prison – by 43 percent and was four to five times less costly than re-incarcerating that person. The bottom line is education increases personal income and reduces crime.

While Dr. Andrisse was serving his sentence, something happened which, while tragic, gave him a goal and a purpose.

Due to complications of diabetes, my father had his legs amputated. He fell into a coma and lost his battle with Type 2 diabetes. I was devastated. This experience made me want to learn more about how to fight this disease. [emphasis mine]

He applied to six medical graduate programs while incarcerated, and was rejected by five. He credits a mentor on the Admissions Committee of the sixth (Saint Louis University) for his second chance. He graduated near the top of his class, vindicating himself and his mentor and possibly shaming the other five schools.

He has some strong ideas about how to change the system in order to make it easier for others to get the kind of second chance he got. One of those ideas has now come to fruition for students applying to college starting in 2019: The “Common Application,” an online form which enables students to apply to over 800 colleges (not every student to all of them of course), will no longer have questions about students’ criminal past.

But that is not all Dr. Andrisse wants to see happen. Due to the Law Enforcement Act of 1994 (and, yes, that was during a Democratic administration), which (among other things) removed Pell funding from prisons, a consequence was that the majority of institutions offering courses in prisons stopped cold. Most people serving time are not able to afford to take courses without financial aid ($1 per hour for fighting fires doesn’t go very far … and not that many people qualify for the firefighting program. And that’s probably the highest wage a prisoner can earn). The Obama administration established a Second Chance Pell pilot, which has helped over 12,000 people, and which is likely if not certain to be abolished at the end of 2018 by an “administration” which is far less interested in the possibility of saving government money by reducing recidivism than in punishing people.  Dr. Andrisse would like to see that Second Chance Pell pilot kept and expanded.

Dr. Andrisse would also like to see questions about drug crimes removed from federal aid forms. So would I. I would also like to see a unicorn trip down from the sky on a rainbow and distribute delicious candy which is free from both sugar and artificial sweeteners. Under the current “administration” the one is probably as likely as the other. Which makes it incumbent on us (not trying to sound like a broken record, for those here who are old enough to remember records) to get out the VOTE in November and to VOTE BLUE NO MATTER WHO and also to VOTE THE WHOLE BALLOT.

Alecto, Megaera, Tisiphone, anyone smart enough to vote Democratic should also be smart enough to see that our country and our lives are determined not just by the people at the top but also by people in AL levels of government. Education has helped Dr. Andrisse come a long, long way. Please help us educate all Democrats and left-leaning voters how important ALL levels of government are … and how critical it is to VOTE.

The Furies and I will be back.

Cross posted to Care2 HERE.

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Everyday Erinyes #131

 Posted by at 7:55 am  Politics
Aug 112018
 

Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto, Megaera, and Tisiphone. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”

Everyone who reads PP on a regular basis, or even on a strong occasional basis, has, I’m sure, seen a comment from me saying that Republicans kill – it’s what they do. Their tax policies kill. Their immigration policies kill. Their health policies kill. Their infrastructure policies kill. Their environmental policies kill. If they succeed in destroying Social Security, that will kill. Their gun policies most assuredly kill, as does their policy on capital punishment – those are almost too obvious to mention. They simply don’t care if people get hurt even unto death. It’s who they are. It’s what they do.

But the fact is that people who are not Republicans, who are actually trying their best to produce legislation which will not kill, which will actually help the neediest, which will keep everyone safe, can also come up with legislation which can hardly be said to be people-friendly. In fairness, when legislators are trying to do better, that usually happens when two or more pieces of unrelated legislation which were not considered together when passed create a conflict.

That appears to me to be what has happened in California, and has only come into prominence in the news due to the devastating fires they are having and fighting. Under their licensing laws, they have a provision that an ex-convict cannot become certified as EMTs. That actually makes sense when one considers that actions which send people to prison, especially serious ones, have a tendency to demonstrate a lack of empathy. No one wants to be “helped” by an EMT who lacks empathy.

But now they are having these fires, and they are simply beyond the capacity of existing firefighters to handle. So they have turned to prisons, because there are programs under which prisoners who meet certain conditions can work on fighting fires (I know that’s not just California; in fact, I believe it’s true in many states, including mine, with slight differences, but it’s the ones who are incarcerated in California and serving under California rules, and will presumably stay in California after release, who are running into the conflict.)

Inmates with a pretty clean rap sheet are allowed to participate in the fire program inside of the prison. However, prisoners with the backgrounds of arson, kidnapping, sexual crimes, escape attempts, those in gangs and those who are facing a life sentence are disqualified. Those who are selected are required to undergo fire safety training and a physical exam. 

According to the California Department of Corrections and Rehabilitation, the program has attracted over 2,000 California prisoners, men and women, including 58 juveniles (17 or close, I’m sure – they have to pass a physical, remember). I say “attracted” because the program is attractive for those who can qualify. They can get paid – a nominal amount to be sure, currently $1.00 per hour – and probably more importantly to them, they get multiples of normal good-behavior time off of their sentences for doing this work. They also get to do something which cannot be called boring, and to interact with non-incarcerated professionals, which has to be a plus.

What they cannot do is ever be a professional firefighter after release, at least not in California, because California requires every professional firefighter to be a certified EMT. And, as ex-convicts, they are disqualified from getting that certification.

Setting aside the issue of whether the pay is fair when it’s so low – an issue which is addressed in my linked article but is such a different can of worms that I don’t want to go there here – it appears to me that a fair solution would be to address the licensing provisions to provide some kind of waiver for former convicts who have fought fires while incarcerated to get EMT certification. It could be contingent on having a firefighting job or job offer. It could require the convict to have spent a minimum number of hours on firefighting while incarcerated. I can see setting some restrictions. But a total denial doesn’t seem to me to be in anyone’s best interests. Alecto, perhaps you could discuss this with some state legislators in California? And I believe California will be getting a new Governor in January also, Governor Brown being term-limited out. Perhaps you could also talk with him (the two who survived the jungle primary are both “him”s).

A situation I want to briefly touch on on North Carolina is, alas, very different. In 2016, a couple of things happened in North Carolina: for one, Roy Cooper (D) defeated Pat McCrory (R) [and a good thing – McCrory is a real piece of work]. For another, the North Carolina Supreme Court, whose justices are elected, became majority left. This caused Republican heads in the State Legislature to explode, and they have been acting like a greatly augmented version of the Three Stooges ever since. You may have seen some of the twists and turns; I have, but my linked article is the first time I have seen the latest, and seen them together.

This year, conservative Justice Barbara Jackson is running for re-election, and the GOP supermajority in the North Carolina General Assembly did everything they could to stack the deck in her favor. Overriding the veto of Democratic Gov. Roy Cooper, Republicans passed a law making judicial elections partisan, out of the belief voters get confused into voting for liberals by the lack of party labels. They then eliminated partisan primaries, forcing all candidates to run on the same ballot, believing multiple Democrats would run against Jackson and split the vote. 

I think we all know Republicans are not good with facts. It did not go as they expected. Former Clinton Justice Department and civil rights attorney Anita Earls is running as a Democrat, against two Republicans, Jackson and Raleigh attorney Chris Anglin. Now, remember, party affiliations are on the ballot only because the Republicans made it so. Now that it’s working against them, they quickly passed a law to strip Anglin of his party affiliation on the ballot. (Anglin sued, resulting in ballot delays – it’s still in the courts.)

Not content with one law for just one person, they also wrote a law to require anyone whose last name begins with an “E” to appear last on the ballot. You just can’t make this stuff up – I know I couldn’t.

The irony of all this is that, as Slate’s Mark Joseph Stern has noted, “If Republicans hadn’t intervened, Jackson might have coasted to reelection on incumbency advantage alone.” But all of their attempts to tip the electoral scales are blowing up in their face. 

Megaera and Tisiphone, it sounds like you have already been really, really busy in the State Assembly (“Whom the gods wish to destroy, they first make mad,” as Euripides didn’t say.) Do keep it up.

The Furies and I will be back.

Cross posted to Care2 HERE.

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Aug 022018
 

Since TC is all tied up with medical mayhem, at his request I’m posting three clips from Sam from last night.

Act I – Downloadable guns and other nonsense

Act II – #MenToo

Act III – Asgardia.  Really.

I can’t wait to hear what y’all think!

 

Cross posted to Care2 HERE

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Everyday Erinyes #130

 Posted by at 8:10 am  Politics
Jul 282018
 

Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto, Megaera, and Tisiphone. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”

I received an email from Everytown for Gun Safety (with a petition link) which read, in part,

[W]e may be down to the wire, but we’re putting everything we have into this fight to stop downloadable guns from becoming a reality — and they’re feeling the pressure.

Yesterday, U.S. Secretary of State Michael Pompeo stated that he will look at the State Department’s decision to allow a company to post its gun blueprints online. This decision would enable anyone, including terrorists, convicted felons, and domestic abusers, to download plans to print functional, untraceable guns out of plastic — and all they would need is a 3D printer. Plus, many of these guns would be undetected by metal detectors, putting our planes, our music festivals, and our government buildings in danger.

BUT — they’re feeling the heat, so we can’t let up just yet! … 

Wondering why I hadn’t heard a whole lot more about this than I have, I went to Snopes to find out more. Well, actually, I went to Google, but from Google I went to Snopes because I trust them to do the homework. The craziness in the world and on the internet has become too much for a Mom-and-Pop site to handle, so there are many new names there since the time when most articles were written by Barbara Mikkelsen, but I still trust the site to have standards, now in their hiring as well as in the actual writing. Here’s what I found out.

What has been going on – and going on since 2013 – is basically one lawsuit by one company which in 2013 developed both software and schematic files which, printed on a 3D printer, allowed anyone who might download these to create a fully functional plastic gun, designed to fire handgun rounds, with interchangeable barrels for different calibers. Besides tha ammunition iitself, the only metal part in the whole thing is a nail which serves as the firing pin.

On May 5, 2013, the company – Defense Distributed – uploaded these files to the internet. Days later, the State Department demanded the files be removed, on the basis that these files were in violation of both the Arms Export Control Act and International Traffic in arms Regulations (ITAR for short).

The files came down, and the founder of Defense Distributed, Cody Wilson, filed a federal lawsuit in the Western District of Te

Photo courtesy of Cody Wilson

xas seeking an injunction to permit the specs to stay on line while he and the State Department were working this out. The request was denied, appealed, denied again, and appealed again, this time to the Supreme Court, which, this last January, declined to hear the appeal.

By July 10, Defense Distributed and the State Department, partly under Rex Tillerson and latterly under Mike Pompeo, had reached a settlement, including that the State Department would issue a public statement specifically excluding 3D printed designs from the ITAR. It also included the provision that “designs for any non-automatic firearms up to .50-caliber, including the AR-15 semi-automatic rifle, could be distributed online.”

If this sounds to you like not so much a settlement as a giveaway, you are not alone.

The administration “capitulated in a case it had won at every step of the way,” said J. Adam Skaggs, the chief counsel for the Giffords Law Center to Prevent Gun Violence. “This isn’t a case where the underlying facts of the law changed. The only thing that changed was the administration.”

Alex Kasprak, who completed the article for Snopes, went to a UCLA Law Professor, Eugene Volokh, an expert on the First and Second Amendments to clarify the implications of this case.  Volokh explained that, while a settlement agreement is not technically a legal precedent, this settlement agreement is likely to embolden others to design and publish similar content.

What sets a precedent? A published opinion from a court, preferably an appellate court. But that’s in the narrow sense, the way lawyers would talk about this precedent. If you’re asking whether this settlement will have broader effect on other companies, the answer is absolutely.

This is the federal government, and the federal government usually tries to be fairly consistent in its actions, and it can be easily called on by people if it’s being inconsistent. So the settlement, I think, will have substantial practical effect. Not just in Defense Distributed, but on other companies that are doing similar enough things.

Volokh also stated that he feels the case has not been primarily a Second Amendment case but rather a First Amendment case.

You can, of course, print it in any color.

[I]t’s quite a plausible argument about Defense Distributed’s own rights. It says we want to put up information … and you are stopping us from doing that and stopping us from communicating to other Americans about this sort of thing. So that’s a pretty serious argument.

Where does – where can – the government draw a line on dangerous information? Well, it’s not certain. A case in the late 70’s went to the courts when The Progressive wanted to publish an article titled “The H-Bomb Secret: How We Got It, Why We’re Telling It.” Using zero classified information, but relying only on publicly available data. However, that case was never decided on its merits. It was rendered moot when another publication published the information first.

The court was the Western District of Wisconsin; as I say, they never decided the case, but they did issue a prelimiary injunction against publication, stating

A mistake in ruling against The Progressive will seriously infringe cherished First Amendment rights. If a preliminary injunction is issued, it will constitute the first instance of prior restraint against a publication in this fashion in the history of this country, to this Court’s knowledge.

A mistake in ruling against the United States could pave the way for thermonuclear annihilation for us all. In that event, our right to life is extinguished and the right to publish becomes moot.

So, as of this moment,

As of 1 August 2018, Defense Distributed will start publishing detailed steps on how to create a variety of guns that require no registration or background check to manufacture. While the broader issue may well be litigated further, the current stance of the U.S. State Department is that Defense Distributed will not be violating any export control laws when they do so.

Well, Tisiphone, you represent Vengeful Destruction, but I like to think that what you in fact represent is OPPOSITION to the same. Far more easily than in the 1970’s I see a great potential for proliferation of vengeful destruction in the way this situation is unrolling. Mike Pompeo, according to the email, has promised to “look at it.” Maybe you, or all three of you, can twist his arm, or any other body parts which may occur to you, to get him to look at it in a rational manner and see it rightly. But maybe even that would not help – under the current regime.

The Furies and I will be back.

Cross posted to Care2 HERE.

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