Aug 112021
 

Yesterday I was kind of bleary, because my portable noise generator, though it worked, didn’t last all night. (However, I did learn valuable information about what to do differently – found out it does run on house power and how to make that happen.) And the new one should come before the weekend (and it will run on house power.)

Cartoon –

Short Takes –

Crooks and Liars – USPS Board Won’t Quit DeJoy — Or His Disastrous Plan
Quote – The arrangement, amazingly, was cleared by ethics officials the Postal Service according to a previously unknown inspector general report requested by lawmakers. He filed all the right paperwork, according to the IG. That doesn’t mean there’s anything that doesn’t stink about this. (DeJoy, however, remains under investigation by the FBI for his political contributions and company activities involving XPO.)
Click through for probably more than you wanted to know. Very little is good about this. However, President Biden’s latest nominee to the Board was just confirmed yesterday and that should help,

The Hill – The 19 GOP senators who voted for the $1T infrastructure bill
Quote – The passage of the bill comes just before Democrats take up a budget resolution that greenlights their ability to pass a separate $3.5 trillion spending plan, packed with the party’s top priorities, later this year without GOP votes. No Republicans are expected to support the budget resolution or the subsequent spending package, which is unlikely to get voted on before late September.
Click through for complete list. Don’t forget there’s another infrastructure bill in the House, and that Reconciliation will be invoked. This $1T bill is not the one we want (and we may not get the one we want, but we can expect to get closer to what we want than this.) Also, as Lona pointed out, this vote is going to go to Manchin’s head. It shouldn’t. These Senators are voting for it because they know something good is going to pass and they want to be able to claim credit.

HuffPost – Pentagon Issues COVID-19 Vaccine Mandate For All U.S. Military Members
Quote – Austin’s decision reflects similar moves by governments and companies around the world, as nations struggle with the highly contagious delta variant that has sent new U.S. cases, hospitalizations and deaths surging to heights not seen since last winter. The concerns are especially acute in the military, where service members live and work closely together in barracks and on ships, increasing the risks of rapid spreading. Any large virus outbreak in the military could affect America’s ability to defend itself in any security crisis.
Click through for story. If, like me, you were wondering what they were waitin for – it was FDA approval. But they decided it was too important to wait any longer (with which I concur – for what that’s worth.)

Food for Thought –

Share
Aug 102021
 

Glenn Kirschner – Evidence Mounts of Trump’s Conspiracy w/DOJ Official Jeffrey Clark to Overturn Election Results

This really needs no remark from me.

politicsrus – Democracy Is Starving

Anti-Armageddon Update with Christopher’s sister Sharon (Somehow I think he’s proud of her…)

John Di Domenico -Trump Slams Cuomo’s 11 counts of sexual harassment

Woman Rescues A Very Angry, Growly Feral Kitten And Earns Her Love

Beau – Let’s talk about two Florida tough guys….

Share
Aug 102021
 

Yesterday I got my grocery delivery and put all the perishables away – probably today I’ll put away the toilet paper and glue, and the bottled beverages. If I have room. I also placed an order for a new noise generator, because the one I have has been, for the last couple of nights, starting and stopping unpredictably which interferes with my sleep.  I’m aware it may not be the machine but the cord – but I can’t check that out without moving my mattress and I haven’t felt up to that. Besides, they are not terribly pricey. I just got a class action settlement which will cover it twice over (and you know how skimpy they are LOL.)

Cartoon –

Short Takes –

Reuters – Prehistoric cave paintings in Spain show Neanderthals were artists
Quote – Pigments were made in the caves at different times up to 15,000 and 20,000 years apart, the study found, and dispel an earlier suggestion that they were the result of a natural oxide flow rather than being man-made. “The importance is that it changes our attitude towards Neanderthals. They were closer to humans. Recent research has shown they liked objects, they mated with humans and now we can show that they painted caves like us,” he said.
Click through for story.   I always like to stick up for the Neanderthalers. I’m convinced our worst traits as a species are not from them, but from ourselves.

Former Acting A.G. Jeffrey Rosen May Be Trump’s John Dean
Quote – Following the closed-door testimony, Senator Blumenthal stated that Rosen “discussed previously reported incidents, including his interactions with Mr. Clark, with the Senate Judiciary Committee. He called Mr. Rosen’s account ‘dramatic evidence of how intent Trump was in overthrowing the election.'” Additionally, Senator Blumenthal said that Rosen “presented new facts and evidence that led him to believe that the committee would need to answer ‘profound and important questions’ about the roles that individuals in Mr. Trump’s orbit played in the effort to undermine the peaceful transition of power.”
Click through for train of thought. Of course it’s pure speculation, at best an educated guess. But it would be nice.

LA Times – Why are vaccination rates so low? We found the worst county in each state and asked the politicians
Quote – Among the mayors who supported vaccination, the dominant sentiment was that they had done all they could to raise the rates and were never going to succeed.
Click through if you like, The response rate was low, and those who answered, asnwered exactly as you would expect. But the chart is interesting. I had to turn off my ad blocker, so I put the chart into a Word documebt (and I can make a pdf from it in seconds if that is preferred) and can send it easily.

Food for Thought – I like the way he conceptualizes.

Share
Aug 092021
 

Glenn Kirschner – Justice Matters Recap of the Legal Stories of July 2021: Trump’s Election Conspiracy Unravels

Meidas Touch – Malcolm Kenyatta SLAMS the Unhinged Radical Right: “Stupid is as Stupid Does”

MSNBC – ‘A Complete Betrayal’: January 6 Responders Not Willing To ‘Just Move On’

Now This News – Farmers in Senegal Plant Drought-Resistant, Circular Gardens (May The Force Be With Them)

Puppet Regime – The Real Star of the Tokyo Olympics

Beau – Let’s talk about Trump, kingmaker of the Republican party…. (It’s over now … but there were several primaries and I’m not sure which one Beau was thinking about. If it was the 15th, Trump’s pick did win.)

Share
Aug 092021
 

Yesterday it was supposed to be warmer – the dude on the radio was hoping people had air conditioning – but it wasn’t here. It actually felt the cooloest day for a while. Hey, I’ll take that … as long as it doesn’t get too cold too fast. It was also a pill weekend, I filled the morning ones on Saturday and the evening ones yesterday. Set for two weeks now. Also placed a grocery order to be lelivered today.

Cartoon –

Short Takes –

Law & Crime – A Former MMA Fighter from N.J. and a Metal Baton-Swinging Seattle Resident Are the First to Plead Guilty to Assaulting Police on Jan. 6th
Quote – Both men technically face up to 20 years imprisonment at their upcoming sentencing on Sept. 17…. Both also face the possibility of $250,000 fines. Their sentencing hearings will be closely watched, as potential markers for how heavily federal judges will punish those charged with assaulting law enforcement on Jan. 6th.
Click through for deets and some speculation. Law & Crime can get very sensational in their headlines and in their selection of stories, but their style is pretty matter-of-fact.

AP News – Late nights, early mornings await Senate on infrastructure
Quote – As many as 20 Republicans are expected to join Democrats in what would be a big a vote on final passage. Overcoming a 60-vote hurdle Saturday with backing from 18 Republicans was a sign that the bipartisan tenuous alliance could hold on the public works package. Another procedural vote was expected late Sunday, as senators push toward Tuesday’s final passage. If approved, the bill would go to the House.
Click through for story. Don’t faint if some Republicans vote for this. They know we are going to get it done, and they don’t want us to be able to say, “Not one single Republican voted for it.”

Rolling Stone – Die Hard Trump Supporters Increasingly Demand Violence If He Isn’t Reinstated, Homeland Security Warns
Quote – “Over the last few days what has occurred is there’s been much more public visibility, meaning the discussions and these theories have migrated away from being contained within the conspiracy and extremist online communities, to where they’re being the topic of discussion on web forums, or more public web forums, and even within the sort of media ecosystem,” a senior DHS official told ABC News. The drunk-on-Trump crowd has been triggered so much that Homeland Security says they are concerned about the calls for violence increasing further.
Click through for more. This is a situation in which police in key locations do need riot gear, and I hope they have it.

Food for Thought –

Share
Aug 082021
 

Glenn Kirschner – AG Garland/DOJ Civil Rights Division Announces Pattern or Practice Investigation of Phoenix Police

Meidas Touch – Senate Candidate UNLOADS on “Bats**t Crazy” Republicans

Really American – Gosar Hanging With Neo-Nazis

MSNBC – The Truth Behind Tucker Carlson’s Disturbing Trip To Hungary

Now This News – Mondaire Jones Fights to Expand the Supreme Court

If Cats Burped Instead of Meowed

Beau – Let’s talk about the hearing and dueling definitions….

ght=”512″ />

Share

Everyday Erinyes #278

 Posted by at 11:21 am  Politics
Aug 082021
 

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 have noticed that I sometimes rant (or whine) about petitions addressed to the wrong people. For instance, petitions to President Biden to tell the DOJ to prosecute Trump**. No, no, no, no, no. Even though the DOJ is in the Exective Branch, that doesn’t mean the President can tell it what to do – or at least whom to prosecute. Yes, Trump** did that. But that doesn’t make it right. The DOJ is not the President’s law firm (that would be the White House Counsel), it is the people’s law firm. If you want the DOJ to prosecute Trump** (and don’t we all!) it is the DOJ you should be petitioning.

And this article explains why, even though the George Floyd Justice in Policing Act has been passed – and it is a tool, and in some ways a powerful tool – it is not all powerful. It is the most that the Federal Government can do. But it cannot be applied to any police departments or agencies which refuse federal funding. Such departments and agencies, if they choose to keep racist policies (and some do), only have to decline federal funding. So if we watnt to petiton for redress, we can skip Congress. It has done its job. We nooed to petition states, counties and municipalities instead.
================================================================

Congress can’t do much about fixing local police – but it can tie strings to federal grants

Legislation pending in Congress would contribute to reforming how police conduct themselves – but there’s a limit to what federal legislation can do.
Seth Herald / AFP/Getty Images

Alexis Karteron, Rutgers University – Newark

Since the rise of the Black Lives Matter movement and massive protests in 2020 in response to the murder of George Floyd, there has been widespread interest in the problems of racism in American policing.

Whether calls for reform or for wholesale defunding of police departments, there appears to be substantial appetite for change. Just past the first anniversary of George Floyd’s killing, people are looking to the federal government to address this issue of national importance.

But as a law professor who studies policing and constitutional law, I have seen how essential local and state reform efforts are, because the federal government has limited power to regulate policing.

With few notable exceptions, the Constitution does not allow the federal government to control state or local government agencies. In accordance with federalism, a core principle that underlies the organization of American government, the federal government has only the powers expressly provided to it in the Constitution.

For example, Congress has authority to oversee the federal government, levy taxes and spend money, and declare war. Other powers not listed in the Constitution are “reserved to the States,” giving them broader responsibility for governance.

The George Floyd Justice in Policing Act of 2021, which has been passed by the House of Representatives and is under discussion in the Senate, offers the possibility of significant policing reforms. But for those looking to the federal government to solve what’s wrong with policing in America, the legislation can’t ensure that every police department will make meaningful changes.

That’s because the bill reflects the hard reality that the federal government has almost no control over state and local police departments.

A man holding up a sign 'RESPECT HUMAN RIGHTS' as two police officers stand near him and approaching marchers.
Racial profiling and police brutality are not new issues – this protest march began on Staten Island, New York, on April 13, 2015, after the death of Eric Garner while in New York Police Department custody.
Robert Nickelsberg/Getty Images

Dollars and change

Although race discrimination is widely regarded as a major problem in American policing, the federal government’s ability to address it is limited. The Equal Protection Clause of the 14th Amendment promises equal treatment of all racial groups by government agencies and officials – local, state and federal. Congress has the power to pass legislation in response to violations of the Equal Protection Clause, such as the Voting Rights Act of 1965.

But the Supreme Court has held that the equal protection guarantee bans only intentional race discrimination by governmental bodies and officials. Policies and practices that have a disproportionate effect on a racial group do not necessarily violate the Constitution. So the Supreme Court would likely conclude that the Constitution does not allow the federal government to bar state and local police policies and practices simply because they have a disproportionate racial impact.

That means that the federal government’s primary tool for influencing American policing is its spending power. Congress has wide latitude to use money to provide incentives for policy changes at the state and local levels by attaching conditions to federal grants. For example, Congress spurred some states to raise the drinking age to 21 by making the greater age a condition of federal highway funding.

Congress can make the adoption of certain policies and practices a condition for getting federal grants – as long as it does not coerce acceptance of the conditions. States and localities must remain free to decline federal funds. So, if a state or locality declines a federal grant, it doesn’t have to comply with the grant program’s conditions.

Seeking influence

Within the limits that the Constitution sets, the George Floyd Justice in Policing Act of 2021 aims to assert some federal influence on local and state policing practices.

The bill’s most significant direct regulation of state and local police departments would be a ban on racial profiling by all law enforcement agencies. Although federal courts have repeatedly concluded that the 14th Amendment bars racial profiling, the bill would make the prohibition explicit and expand its definition.

The bill would also indirectly regulate state and local police departments by eliminating “qualified immunity” in civil lawsuits where a plaintiff alleges that a law enforcement officer violated their constitutional rights.

Under the qualified immunity doctrine, courts dismiss claims when there is no prior case with a highly similar set of facts where a government official’s conduct was ruled unconstitutional. Government officials, including police officers, therefore sometimes escape liability even if they have engaged in egregious misconduct.

If qualified immunity is unavailable, police officers and departments will arguably be less likely to violate someone’s rights because they will expect to be liable for their misconduct.

Further, the bill would expand the U.S. Department of Justice’s authority to investigate unconstitutional conduct by police departments, and would make it easier to prosecute police officers for federal civil rights violations.

Two lawmakers, Democrat Rep. Karen Bass and GOP Sen. Tim Scott, talking with reporters after meeting on Capitol Hill to discuss police reform legislation.
Rep. Karen Bass (D-Calif.) and Sen. Tim Scott (R-S.C.) speak briefly to reporters following a meeting about police reform legislation on Capitol Hill May 18, 2021 in Washington, D.C.
Drew Angerer/Getty Images

Conditions on grants

Most significantly, if enacted, the George Floyd Justice in Policing Act would attach stringent new conditions to two programs that together funnel hundreds of millions of dollars to local and state police departments every year, the COPS program and the Edward J. Byrne Memorial Justice Assistance Grant Program.

To take just a few examples, both Byrne and COPS grantees would be required to ban the use of chokeholds. Byrne grants would be available only to states and localities whose use-of-force policies bar the use of deadly force unless it is necessary.

COPS grants would be available only to states and localities that ban the use of no-knock warrants in drug cases. Recipients of COPS grants would be required to certify that they will use at least 10% of their grants to support efforts to end racial and religious profiling.

These provisions divide activists who decry the current state of policing. Some laud them as bold reforms, while others argue that less money should be directed to police departments, not more.

If the George Floyd Justice in Policing Act is enacted, some of America’s 15,000 state and local police departments would readily accept its conditions and the federal dollars they unlock. Others would likely sue, arguing that the federal government is attempting to coerce them into adopting policy reforms they do not need or want.

Speaker Nancy Pelosi has said the George Floyd Justice in Policing Act “fundamentally transforms the culture of policing.” But states and localities have to want to change and accept federal grants, with strings attached, for that vision to become reality.

[You’re smart and curious about the world. So are The Conversation’s authors and editors. You can get our highlights each weekend.]The Conversation

Alexis Karteron, Associate Professor of Law, Rutgers University – Newark

This article is republished from The Conversation under a Creative Commons license. Read the original article.

================================================================
AMT, there you have it. I’m all for agitating for justice. And agitiating in the right places, to the right people, for the right reasons, works the best.

The Furies and I will be back.

Share
Aug 082021
 

Yesterday Iit was a little warmer, but not too bad. I just kind of took things slow and easy as much as I could.

Cartoon –

Short Takes

The Hill – Supreme Court decision could set off gerrymandering ‘arms race’
Quote – To be sure, the courts will continue to have a role to play in the looming redistricting fight. At the federal level, for instance, it remains illegal to carry out gerrymanders based on race. According to Parsons, however, state lawmakers will be particularly careful to frame their map drawing as motivated by party interest, as a way to side-step federal litigation. “In the wake of Rucho I expect many states will pack districts quite aggressively and explicitly argue that they are doing so based on partisan affiliation and not race,” he said.
Click through for deets and implications. This is not good. And saying, “Hopefully, Congress accepts that invitation before it’s too late” is not helpful. The House has written and passed the For The People Act which would address this. The Senate will not allow it to move forward – barring a miracle. So let’s not blame “Congress.” More than half of the states have some legislative or costitutional protection which could challenge attempts to gerrymander (or preclude them before they start) – but it only needs a few heavily gerrymandered states to poison the entire House and/or Senate. Ballotpedia and the National Council of State Legislatures have state-by-state information if anyone wants to check their own state.

The Week – The USPS awarded a $120 million contract to a company with financial ties to the postmaster general
Quote – “There’s no question he’s continuing to profit from a Postal Service contractor,” said Virginia Canter, chief ethics counsel at Citizens for Responsibility and Ethics in Washington. Even if DeJoy complies with legal requirements, Canter added “it does create an appearance issue about whether it’s in his financial interest to continue to make policy that would benefit contractors like XPO.”
Click through for story.

CBS News – Florida breaks record for new daily Covid cases for third time this week
Quote – “This is real. And it didn’t have to be this bad,” Nikki Fried, Florida’s commissioner of agriculture and consumer services, tweeted Saturday. “We need everyone to do their part — #GetVaccinatedNow & #MaskUp. If not for yourself, for your friends, family, and neighbors. For our kids. For our doctors & nurses. For Florida.”
Click through for more info. You will be happy to know (even though it means he’ll be missig here) that our Mitch is outta there for a bit under a week (and having fun.)

Food for Thought –

 

 

 

Share