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Pat Tillman Was A Man, Not Just A Symbol

As you probably know by now, yesterday was the tenth anniversary of the death of Pat Tillman. The media has been replete with stories, remembrances, tributes and the like from the sad tale of a fellow Army Ranger who lives with the fear it was he who shot Pat, to calls for Pat to be in the Pro Football Hall of Fame, to Dave Zirin’s renewed questions on the events surrounding Pat’s death and many others.

To be honest, I have mixed emotions about it all. It is fantastic Pat Tillman is so fondly and deeply remembered, but at the same time, it stirs negative emotions from how much Pat became a symbol, first for the pro war crowd, and then the anti-war crowd upon his death. The Pat Tillman I knew would have been more than uncomfortable with both and, similarly, uncomfortable with much of the hagiography over the last couple of days.

For these reasons, I vacillated with whether to join in the fray; part of me just felt uneasy with it all despite my respect for Pat. In fact, it is my deep respect for Pat that gave me pause. But there is another side of Pat Tillman that really needs more emphasis.

The article I most suggest is a long and beautiful piece in The Arizona Republic centered on Marie Tillman, Pat’s long time love and, now, widow. Marie talks a lot about Pat the man, their growing up together in California, move to Arizona, and how she has come to both accept, and at the same time move on in peace from, Pat’s death. It is really beautiful, please read it.

As Marie Tillman wants to focus on who Pat Tillman the person was, so too do I. Back on the day the Phoenix Cardinals played the Pittsburgh Steelers in the Super Bowl, on February 1, 2009, we did a post here at Emptywheel entitled “Pat Tillman’s Super Bowl”. The first part was by Marcy and was a great discussion of the problems and questions with the government’s conduct after Pat’s death, and I suggest you read that.

The second part of “Pat Tillman’s Super Bowl” was written by me and was exactly what I am trying to convey today: Pat was a man, not just a symbol. He stood for so much that is good as a human, and that seems to get lost in all the rah rah symbolism and martyrdom. I cannot say it better than I did then, so I am going to reprint that portion here in this post:

Earlier this morning, Marcy posted this serious and wonderful piece on Pat Tillman, and the Super Bowl he is missing. Unfortunately, it has turned somewhat, and predictably, into a knock down drag out on conspiracy theories and acts, I would like to return for a moment to the subject of her post, namely who Pat was, and what he did, which is why the answers his family seeks are so important in the first place.

First off, Pat gave up a large contract with the Cardinals to join the Army after 9/11. That is well known and part of the lore. What you should also know is that the contract offer could have been much bigger than that, but Pat was willing to take less money than he was worth on the open market to stay with the Cardinals because he believed in their redemption and he loved the community of Tempe and Phoenix. He had grown roots here from his four years at Arizona State and was determined to see the Cardinals through the transformation into a winning team. The contract he walked away from with the Cardinals was for about 3.6 million; he had turned down previously a 9 million dollar multi-year contract with the St. Louis Rams, right in the middle of their Super Bowl years, in order to stay with and build the Cardinals in what he considered to be his home at the time. That is the kind of man that Pat was.

Pat didn’t give a damn about money and the trappings of celebrity. Years after already being a high paid and wealthy NFL star, you would still find Pat traversing the streets of Tempe on his bicycle, looking like a hippy with his long hair and book bag. This was literally how he would go to work every day at the Cardinals training center in South Tempe. Pat was an avid reader. Of everything. He loved politics and world events, and there was nothing he loved more than spirited discussion of the same, whether it was current events, WW II, or ancient European battles. And he could discuss all intelligently, deeply and passionately. Pat knew business and marketing as well, that was his major at ASU and he was brilliant at how he understood, and could see through, the forces at work in our economy.

Pat was an iconoclast. He was his own man and would back down from nothing, and no one, if he thought he was right. This is what made him an odd fit for the military. He had every ounce of the heroism, valor, trust and honesty that the military has always purported to stand for, and then some. But he was not a yes man and was trained, from my estimation since birth, to question authority, especially if it was malignant and wrong. I believe this may have caused a rougher ride for him in the military than most would have expected, or would suspect even now, from the outside, and almost certainly played a huge role in how his death was handled, irrespective of how his death occurred. LabDancer spoke the word in comments:

Pat’s death was caused by our side; our side covered that up, employing things our side knew were untrue; our side used that same cover to distort, turn and pervert the story of his death into a symbol aimed at promoting a falsehood: that Pat died pursuing a myth our side knew for a fact he’d personally determined beforehand to be a lie – meaning that, in end, our side rendered an obscenity from Pat’s death. That’s more than enough to earn him the status emptywheel submits as his due.

That is right on the money. It is also what motivated me to write this, the use of Pat is, at this point, not just by the Bush Administration for their glory, but by the contra for theirs as well. From being a player who loved football as a game, Pat has become the football in the game. That is wrong, very very wrong.

As you may surmise here, or as some may recall from discussions at The Next Hurrah long ago, I had the privilege of knowing Pat Tillman a little. I did not know him well, but well enough to get the measure of the man he was. I used to live a little less than a mile from the Cardinals headquarters and practice facility in South Tempe. On days when I worked at home, I used to ride my bicycle to a little deli, Capistrano’s, between my house and the Card’s facility. It was there that I met Pat, who also stopped in on his bicycle, and had a few long lunch conversations with him. He was everything he has been made out to be and more. He was twenty years younger than I, but you would never know it. He was such a deep and diverse thinker that he was almost the antithesis to the world as we currently know it.

The nation, and the world, lost a lot with Pat Tillman’s death. When we talk about the type of people we need to foster and grow to lead into the future, he was a prime example. That, to me, is why his loss stings, and lingers, so deeply. Pat’s family, the nation, and the world deserve the answers to what happened, it is, and remains, important.

But, above and beyond all else, what people should be taking away is not the dickering over the mechanism and coverup of his death, although that is important; but more importantly, the facts and honor of his life, beliefs and hopes. Honor and fight what he stood for, and what he wanted the country to stand for, that is what he would want.

Pat Tillman was quite a guy. He learned, and lived, a lot in his all too short stay on this earth. He was so much more than the football and war hero, and symbol, that has comprised most of the remembrances on this tenth anniversary of his death.

Pat Tillman had a love for life, for his wife Marie, for literature, and for all knowledge he could possibly absorb, and he could absorb a lot. He was a critical thinker. And he was a great guy. Let him be remembered, and honored as a role model, for that too. RIP.

Obama White House Sponsors Young and Rich Narcissistic 1% Fucktards That Will Ruin the World

Proving it is never too late to shine your lame duck ass for a new generation of 1% oligarchs, Barack Obama laid open the real constituency of national politicians. And proved certain any inference that such was only the constituency and province of the GOP, Koch Brothers et. al is false.

If this is not stupid and ugly to the common Democratic fanchild, it is hard to imagine what is, or could be. From the New York Times hagiography:

On a crisp morning in late March, an elite group of 100 young philanthropists and heirs to billionaire family fortunes filed into a cozy auditorium at the White House.

Their name tags read like a catalog of the country’s wealthiest and most influential clans: Rockefeller, Pritzker, Marriott. They were there for a discreet, invitation-only summit hosted by the Obama administration to find common ground between the public sector and the so-called next-generation philanthropists, many of whom stand to inherit billions in private wealth.

“Moon shots!” one administration official said, kicking off the day on an inspirational note to embrace the White House as a partner and catalyst for putting their personal idealism into practice.

“Moon shots!”

I guess the Obama White House couldn’t fathom a better phrase for coming in their pants over big money.

If there is a more sick comment on the perverted state of US national politics, it is hard to imagine what it would be.

We are ruled by a bunch of oligarchs, and political handmaidens that kiss the oligarch’s asses and hew their beck and call. If the fact the great once and forever symbol of the common citizen “hope and change”, Barack Obama, is such a distant leader, constantly beholden to not only the future of the moneyed class, but the current too, then there is no reality for the American public.

The well-heeled group seemed receptive. “I think it’s fantastic,” said Patrick Gage, a 19-year-old heir to the multibillion-dollar Carlson hotel and hospitality fortune. “I’ve never seen anything like this before.” Mr. Gage, physically boyish with naturally swooping Bieber bangs, wore a conservative pinstripe suit and a white oxford shirt. His family’s Carlson company, which owns Radisson hotels, Country Inns and Suites, T.G.I. Friday’s and other brands, is an industry leader in enforcing measures to combat trafficking and involuntary prostitution.

Oh my. And holy crap.

The New York Times penned a factual report of this sick instance. Will the New York Times, Washington Post, Wall Street Journal, or any of the other august opinion pages of national press, deign themselves honest enough to write opinion and/or editorial pieces recognizing this political cancer for what it really is?

If you did not view the video, and listen to the lyrics in the video above, do so. Because that is exactly the class of “super citizens” your elected leaders are beholden to. The handful of billionaires count for far more than the actual billions of people on this earth.

Want proof? Look no further than the “liberal”, “socialist”, “Democratic” Obama White House, who just demonstrated the problem in Technicolor.

And, before you chafe, of course it would be even worse with Republicans in charge. But the question is no longer just which party is in control of the levers of power (though it DOES matter for SCOTUS), but where the values of the country really are.

It is almost impossible to fathom the country’s values are with the pimple faced, Bieber banged, teenager scions of billionaires the Obama White House so calmly and cooly glad-hands.

[Seriously, watch the video from the one, the only, fantastic Tubes:

Young and rich
Everything I desire
Light bulbs with shades
in every room
And work is play--believe me
Nothing must come too hard
It comes in the mail
most everyday

Maybe our leaders should find a more representative, and morally balanced, set of leaders for the future.]

The Circus Returns: Formula One 2014

The lads are back from the winter off. The 2014 F1 season opens this weekend in Melbourne down under Australian way. But things are different this time. After several years of relative stability in the top teams, there has been all kinds of driver movement. And, of course, there are entirely new specs for the cars and engines. In short the whole snow globe is turned upside down.

Qualifying will be at 2 am EST Saturday morning (11 pm tonight PST) and the race goes off at at the same times one day later, all coverage on NBCSports Network.

Four time defending World Champion Sebastian Vettel is back to defend his title. But no longer will he pair with Mark Webber, who has moved out of F1. Instead, Vettel is partnered with young Daniel Ricciardo for Red Bull. Likewise at Maranello, Fernando Alonso returns for Ferrari, but longtime partner Felipe Massa is gone and replaced by the aging, but still very fast, Kimi Raikkonen. Massa has moved over to Williams, where he will be paired with up and coming hopeful Valtteri Bottas. It is good to see Kamul Kobayashi back in the show, but he is saddled with a back bench team in Caterham. Jenson Button is back at McLaren, and can’t possibly have a worse year than he did last year. Button will be paired with another unknown quantity, Kevin Magnussen. Lewis Hamilton returns again for Mercedes, where he will be paired again with Nico Rosberg. A rundown of all the teams, drivers and principles can be found here. Somewhat sadly, Vitaly Petrov once again could not find a ride, even as a tester.

More importantly, the equipment is vastly changed for 2014. Gone are the naturally aspirated screaming engines of the recent past and in are turbocharged 1.6 litre power units with enhanced energy recovery systems (ERS). An extra gear has been allowed in the gearbox which, combined with the more efficient motors, allows reduced on board fuel load. Aerodynamically, the noses have been substantially lowered and the rear wing architecture tailored. The new lower front wing design makes this year’s car (with the possible exception of the somewhat pug nosed Ferrari) quite a bit more attractive. The tire compounds seem to be overall harder, resulting in longer life, but reduced cornering grip. It also results in less rubber being laid down on the course, which also reduces grip. Bottom line is the cars look a little squirrelly early on.

So, who is fast coming out of winter testing at Jerez and Bahrain? Not Red Bull. Despite having Vettel and Adrian Newey, the airflow design engineering genius, Red Bull is lagging badly. Mercedes powered vehicles are the clear leader so far, and this was borne out in the first practice session in Melbourne. Ferrari and Williams are close but not quite there. But the Renault engines are just flat bad right now, and poor Lotus is behind even Red Bull in the Renault pecking order.

One thing should also be mentioned. The season starts with a bit of a cloud over it as Michael Schumacher still seems to be languishing in a coma. The latest report is Michael is showing “small, encouraging signs” of progress in awaking from the medically induced coma he has been in. That is certainly good news, but it still seems rather bleak. The sport is just better with Michael in it. Wake up Schumi.

There is so much that is different that there has to be a shakeup. Good, things had gotten too predictable the last few years, it was time for a change. One thing I don’t care much for so far is the voice of the new engines. They are quieter and the awe inducing scream is gone. The sound is going to take some getting used to.

Okay, that is it for now. We will check in with the circus at key points as the season progresses. Consider this wide open Trash Talk, all subjects welcome whether sporting, food or political.

Notice Of Tinkering Going On

screenshotHello one and all. This is just a very brief advisory that we are going to be doing some updating to Emptywheel blog today. It should start in the next 30 minutes to hour from the time of this post. The site may be down briefly. Frankly we think we have it slicked out pretty well, but you never know when things hop off the drawing board and into practice.

Even if things go smoothly, as hoped, I am sure there will be some refining and testing to do throughout the day. In that regard, please bear with us and help us by giving us feedback. As always, we are doing the update to give you a better overall experience, so your input is valuable.

Thank you for your patience and assistance. Exciting times!

Also: McCaffrey is our engineer. May be more trouble than originally anticipated.

The Naked and Unbound Ambition of Kyrsten Sinema

4d2ce6002fa58.preview-300As the kerfuffle over SB-1062 dies down, politics march on here at ground zero in Arizona. The GOP runs the key Executive Branch offices such as governor and Secretary of State but, more importantly in many respects, also the state legislature, and as long as they do state politics will continue to be dominated by clusterfucks and cleanups. But Arizona has issues with their statewide federal elected officials too. The current manifestation is not McCain, Flake, nor even the Pleistocene era brainfart known as Trent Franks.

No, today’s issue is the once and forever self proclaimed liberal Democrat, Kyrsten Sinema. The transformation of Sinema, who aggressively sold herself as progressive liberal when seeking election, to a conservative Blue Dog toadie of the Minority centrist Dem leadership has been nothing short of astounding, especially for those of us who reside in her district and voted for her in 2012. She completely betrayed her base constituents in Arizona District 9. That is mostly a story for another day though, today’s story is not about discrete policy issues, but wholesale admission of the deceptive nature of Kyrsten Sinema’s incursion into AZ-9 to start with.

The baseline is this: Thursday, longtime Arizona Democratic Congressman Ed Pastor of AZ-7 announced his decision to retire and not seek reelection in 2014. Local politicians, from seemingly forever Maricopa Board of Supervisor’s member Mary Rose Wilcox to new and fairly refreshing voices like state legislature member Ruben Gallego, were literally stepping over one another to announce they would be running for Pastor’s seat. They are almost all minorities vying to represent a solidly minority district. And this is no small thing, as most all of them have to give up their current position to do so under Arizona’s “resign to run” law.

I was asked early on Thursday, not long after Pastor’s announcement, by a friend who supports liberal Dems nationwide, about Kyrsten Sinema jumping in. I thought it was a joke question and said so. Because it was crazy talk. The joke, however, was squarely on me and her other constituents in AZ-09. Yeah, Kysten Sinema, who pledged herself to AZ-09, started lusting after AZ-07 the second it was announced available.

Not that Kyrsten Sinema (see her Twitter feed, which is a litany of everything but her contemplated district switch) or her managers/spokespeople will admit it, or even address the subject, but she was ready to walk from second one. How do we know? Because the Arizona Republic/12 News (via the excellent Brahm Resnik) got a copy of an email to Sinema’s inside staff proving it.

So, why is this a big deal? Because it shows that, for first term congresswoman Kyrsten Sinema, her own raw narcissistic ambition, in a dynamic situation, immediately trumps loyalty to her constituents Continue reading

Jan Brewer’s Veto of SB-1062, Timing and Best Interests of Arizona

Grand Canyon SunriseYes, I framed the title of this article as if Governor Brewer has already vetoed the discriminatory piece of legislation known as SB-1062. Because it is a done deal and, frankly, has been from the start. I am thankful for all the support that national people, and regular citizens and groups from all over the country, have given to the veto effort, it has been extremely helpful in giving Brewer cover for the veto to come.

But it was coming anyway, and that was the case from the moment the bill was passed out of the state legislature late in the day last Thursday, February 20.

Indeed, as I write this, MSNBC has Joy Reid on the air babbling about “WHAT HAS TAKEN BREWER SO LONG!”. But that is symbolic of the hyperventilating demagoguery that has also been part of this discussion. The simple fact of the matter is that the bill was not even transmitted to the Governor’s office until Monday the 24th and Brewer did not return from her trip to Washington with other governors until late Tuesday the 25th. So, despite the hue and cry, the first real opportunity for Brewer to formally enter her veto is today. So, what is “taking so long”, at least until today, is not really a mystery in the least.

Now, let’s talk about why the veto was a foregone conclusion if you really understand Arizona politics. First off, let me start by saying that the often popular characterization of Jan Brewer as a raging ideological shrew is not particularly accurate on the whole. In fact, my take on her going back to the 1980s, when she was a somewhat amusingly unfiltered voice in the state house of Representatives, is that she is personally a decent lady, albeit one of a conservative bent. She is, however, an aggressively pragmatic politician, which factors into the following reasons she was going to veto SB-1062 from the get go.

Here are several of the critical reasons why:

1) Brewer took some hard lumps, and rightfully so, in the matter of SB 1070, the 2010 immigration enforcement law that was discriminatory in animus, and saw up close and personal what wrath could be generated by business and the national public on an issue like this. And, by the way, it should be noted that SB-1062 does not just provide enhanced sanction of discrimination against the LGBT community, but potentially a whole spectrum of other groups. These groups matter, and Brewer knows it.

2) Brewer has, for pretty much the entirety of her career been shepherded and advised by a close group of advisors, with the most primary one being Chuck Coughlin. There are others of current significance, including Grant Woods and Matthew Benson. Any move Brewer makes has involved advice from her inner circle and she listens to them. And she should, they have taken her way further than ever was imaginable when she started off in the legislature. What is one defining focus among all these critical advisors, but, again, notably Coughlin? The Arizona business community. Always. And the advisors, too, remember the 1070 strife and have seen the trend and movement in the country and courts on LGBT rights. Coughlin et. al are the definition of conservative, but they are not stupid.

3) The Arizona business community was hoping they never had to get to this point, but once SB-1062 was passed, there was simply no question but that they would lobby hard against signature by the Governor. It was far from just me who realized this, so too did one of the best local political reporters, Brahm Resnik. So too did long time Republican PR and political specialist Barrett Marson:

Just a few hours after passage of #SB1062, can there be any doubt that @GovBrewer will veto it? Biz groups en masse coming out against.

And boy have they. As a native here, it has actually been pretty refreshing to see big business step up on this one as they have. The Arizona Chamber of Commerce, Phoenix Chamber of Commerce, Southern Arizona Leadership Council, Intel, Apple, JPMorgan Chase, GoDaddy Group, Delta Air Lines, American Airlines, Marriott Hotels, all major newspapers and a plethora of others started stepping up almost immediately on passage

There are other reasons, including the nearly across the spectrum outcry of major Arizona politicians, including both US senators, and even several of the state legislators who originally voted for the pernicious SB-1062. But my original analysis, along with many here in the Copper State, was that veto was inevitable because of the business interest.

Once the issue of “if” there will be a veto was out of the way, the real question became “when”. As described above, the timing of the veto did not even start until presentment to the Governor’s office Monday, and, really, last night when Jan Brewer returned to Phoenix. But now it is time. The damage and unnecessary humiliation from the whackadoodle legislature is already significant. Governor Brewer IS going to veto this thing, and she should do herself, and the state, a serious favor and do so immediately. I started agitating for this before Brewer even returned from Washington DC.

The point was also made this morning by a prominent Democrat in the state senate, Anna Tovar:

Well, we are very optimistic she will veto the bill, but again, every second she doesn’t veto the bill is a black mark on the state of Arizona. We’ve asked the governor as of yesterday to swiftly veto this bill when she arrived yesterday, the second she got off the plane.

Arizona is in the headlines for all the wrong reasons, we want to focus on the priorities of our state.

That is a fact. Republicans are saying it, Democrats are saying it, the business community is saying it, I am saying it. Brewer has until late Saturday night to issue the veto before SB-1062 becomes law. It is widely expected she will do it, at a minimum, before Friday night’s Arizona Chamber of Commerce dinner honoring her, and that is almost certainly correct. But Friday afternoon is not soon enough. Not at all.

It is absolutely in the best interests of both the state of Arizona and Jan Brewer to issue her veto of SB-1062 immediately.

Do it now. Do not wait one more painful and damaging second.

1st Amendment Justice Delayed is Justice Denied for Col. Morris Davis

Bg32jNgCYAApToACol. Morris Davis is, at least for my money, an American hero. He served and fought not only for his country, but for the Constitution he swore to protect. The subject of what happened to him at the hands of the very government he defended deserves a much longer, and deeper, dive than I have time for in this post. We will likely come back for that at a later date as it seems as if the legal case Col. Davis brought to correct the wrongs done to him will likely go on forever.

And the going on forever part is the subject of this post. Col. Davis was scheduled to have a hearing in United States District Court in Washington DC tomorrow in front of Judge Reggie Walton. But the hearing was postponed. And that is the problem, this is the FOURTEENTH (14th) TIME hearing on Col. Davis’ case has been delayed. One delay was due to a conflict on Judge Walton’s part, and one because the offices of Davis’ attorneys at the ACLU in New York were substantially damaged by Hurricane Sandy. Other than that, the delay has been at the hands of an intransigent and obstreperous DOJ. If the actions of the DOJ in relation to Col. Davis are not “bad faith”, it is hard to imagine what the term stands for.

Now, to be fair, it appears the latest delay was at the unilateral hand of the court, as yesterday’s minute entry order reads:

In light of the fact that potentially dispositive motions remain pending, it is hereby ORDERED that the status hearing currently scheduled for Friday, February 21, at 9:15 a.m. is CONTINUED to a date and time to be determined by the Clerk.

The problem with that is that the “dispositive motions” the court speaks of as being “pending” have been “pending” for a VERY long time, since July of last year. And the case itself has been going on since the complaint was filed on January 8, 2010.

Why is it taking so long you ask? Because of the aforementioned bad faith and obstreperousness of the Department of Justice, that’s why. To get an idea of just what is going on here, a little background is in order. Peter Van Buren gives a good, and relatively brief synopsis:

Morris Davis is not some dour civil servant, and for most of his career, unlikely to have been a guest at the Playboy Mansion. Prior to joining the Library of Congress, he spent more than 25 years as an Air Force colonel. He was, in fact, the chief military prosecutor at Guantánamo and showed enormous courage in October 2007 when he resigned from that position and left the Air Force. Davis stated he would not use evidence obtained through torture. When a torture advocate was named his boss, Davis quit rather than face the inevitable order to reverse his position.

Morris Davis then got fired from his research job at the Library of Congress for writing an article in the Wall Street Journal about the evils of justice perverted at Guantanamo, and a similar letter to the editor of the Washington Post. (The irony of being fired for exercising free speech while employed at Thomas Jefferson’s library evidently escaped his bosses.) With the help of the ACLU, Davis demanded his job back. On January 8, 2010, the ACLU filed a lawsuit against the Library of Congress on his behalf. In March 2011 a federal court ruled against the Obama Administration’s objections that the suit could go forward (You can read more about Davis’ struggle.)

Moving “forward” is however a somewhat awkward term to use in regards to this case. In the past two years, forward has meant very little in terms of actual justice done.

Yes, you read that right. Col. Davis was fired from the job he truly loved at the Congressional Research Service because he, on his own time as a private citizen, exercised his First Amendment right to speak. As one of Davis’ pleadings puts it:

Col. Davis was unconstitutionally removed from his position at the Library of Congress’ Congressional Research Service for writing opinion pieces in the Wall Street Journal and the Washington Post expressing his nonpartisan, personal views on the failures of the American military commissions established to try detainees at Guantánamo Bay, Cuba. His speech lies at the very core of the First Amendment and exemplifies the kind of speech that federal courts have been most vigilant in protecting from government retaliation.

The full pleading that quote came from, Col. Davis’ response to the government’s motion for summary judgment (one of the “pending dispositive motions”) can be found here and is a good read if you are interested in more background.

That is exactly what happened and what is at stake. And you do not have to take my word for it, Judge Walton thinks it is a solid and valid claim too. Here is language from Judge Walton in an order in late January 2010, not long after the case was filed:

The Court is satisfied that the plaintiff has established, at least based on the record before the Court at this time, that the likelihood of success on the merits and public policy prongs of the preliminary injunction standard weigh in his favor. Essentially, the record before the Court suggests that the plaintiff was terminated immediately after two specific opinion editorials he authored were published in national newspapers. Regardless of the defendants’ contention to the contrary, it appears that the content of the plaintiff’s published opinions was one of the reasons, if not the primary reason, he was fired, i.e., because the plaintiff took a position on the prosecution of detainees being housed at the United States military’s Guantánamo Bay facility which the Congressional Research Service felt would call into question its impartially as to any policy recommendation it would make and any research it would conduct on that issue. This conclusion is supported by the fact that the opinion articles were specifically referenced in the plaintiff’s termination letter, and also the timing of the letter, which was issued only several days after his writings were published. The plaintiff’s likelihood of success position therefore is well-founded, at least with respect to the record the Court now has before it. And as to the public interest prong, it cannot be questioned that government employees retain First Amendment rights. (citations omitted)

So, there is really no question but that protected First amendment rights were involved, and that Col. Davis was wrongfully fired for exercising them. Makes you wonder why the DOJ would string him out and fight so hard in a case that is only about the rights and not even about the money damages he suffered as a result (that would have to be litigated in a separate action).

As the graphic at the top questions, why is the DOJ willing to give free speech rights to a terrorist at Guantanamo and not to Col. Morris Davis? Bad faith is the answer. Complete, scandalous, bad faith.

Friday News Dump Not Dead Yet: Stephen Kim Guilty Plea

Just when Kevin Drum declared the “Friday News Dump” dead, comes proof news of said death was greatly exaggerated.

As Josh Gerstein and others have reported, the plea will be entered this afternoon:

Under the terms of the agreement, Kim will plead guilty to a single felony count of disclosing classified information to Rosen in June 2009, and serve a 13-month prison sentence. Judge Colleen Kollar-Kotelly would have to accept the sentence or reject it outright?, in which case Kim could withdraw his plea. Kim would also be on supervised release for a year, but would pay no fine.

Judge Kollar-Kotelly is expected to accept the guilty plea at today’s hearing, but will not impose a sentence until sometime later.

Well, that is kind of a big deal dropped out of nowhere on a Friday afternoon.

As you may recall, this is the infamous case where the Obama/Holder DOJ was caught classifying a journalist, James Rosen of Fox News, as an “aider and abettor” of espionage. As the Washington Post reported, the scurrilous allegation was clear as day in a formal warrant application filed as an official court document:

“I believe there is probable cause to conclude that the contents of the wire and electronic communications pertaining to the SUBJECT ACCOUNT [the gmail account of Mr. Rosen] are evidence, fruits and instrumentalities of criminal violations of 18 U.S.C. 793 (Unauthorized Disclosure of National Defense Information), and that there is probable cause to believe that the Reporter has committed or is committing a violation of section 793(d), as an aider and abettor and/or co-conspirator, to which the materials relate,” wrote FBI agent Reginald B. Reyes in a May 28, 2010 application for a search warrant.

The search warrant was issued in the course of an investigation into a suspected leak of classified information allegedly committed by Stephen Jin-Woo Kim, a former State Department contractor, who was indicted in August 2010.

The Reyes affidavit all but eliminates the traditional distinction in classified leak investigations between sources, who are bound by a non-disclosure agreement, and reporters, who are protected by the First Amendment as long as they do not commit a crime.

[snip]

As evidence of Mr. Rosen’s purported culpability, the Reyes affidavit notes that Rosen and Kim used aliases in their communications (Kim was “Leo” and Rosen was “Alex”) and in other ways sought to maintain confidentiality.

“From the beginning of their relationship, the Reporter asked, solicited and encouraged Mr. Kim to disclose sensitive United States internal documents and intelligence information…. The Reporter did so by employing flattery and playing to Mr. Kim’s vanity and ego.”

“Much like an intelligence officer would run an [sic] clandestine intelligence source, the Reporter instructed Mr. Kim on a covert communications plan… to facilitate communication with Mr. Kim and perhaps other sources of information.”

Of course, the fully justifiable uproar over the Rosen treatment by DOJ eventually led to “new guidelines”, being issued by the DOJ. The new guidelines are certainly a half step in the right direction, but wholly unsatisfactory for the breadth and scope of the current Administration’s attack on the American free press.

But now the case undergirding the discussion in the Stephen Kim case will be shut down, and the questions that could play out in an actual trial quashed. All nice and tidy!

Frankly, I have mixed emotions about the reported Kim plea itself. It is, all in all, a pretty good deal for Kim and his attorney, the great Abbe Lowell. The case is done, bad precedent does not get etched into a jury verdict and appeal, and the nightmare has an end in sight for the defendant, Stephen Kim. All things considered, given the seriousness of the espionage and false statement charges in the indictment, 13 months is a good outcome. And it is not a horrible sentence to have as a yardstick for other leakers (were I Ed Snowden and Ben Wizner, I would like this result). By the same token, the damage done by the ridiculous antics and conduct of the DOJ in getting to this point is palpable. It will leave a stain that won’t, and shouldn’t, go away.

That still leaves the matter of Jeffrey Sterling, and reporter James Risen, though. Whither DOJ on that? And it is an important question since the much ballyhooed and vaunted “New Media Policies” announced by DOJ left wide open the ability to force Risen (and others that may some day be similarly situated) to testify about his sources of face jail for contempt.

Super Bowl Sex Trafficking Trash Talk 2014

Now that the super exciting Pro Bowl is over (shoot that thing and put us all out of its worthless misery), we are down to just one last football game. But it is a good one, with the top ranked team in each conference representing, and the best offense versus the best defense. And all that jazz.

And, really, what else is there to say about the game at this point? It has been the fascination of sports, general and entertainment media for two weeks of hype now. I could take you through the normal rundown on the teams, but why? My one real take is that the game boils down not to Denver’s offense or Seattle’s defense, but rather to Denver’s defense. Peyton and the Broncos will score some points no matter how well they are defended. The same cannot necessarily be said about the Seahawks. So, if the Broncos defense plays big, Denver wins. If not, they don’t.

Can’t wait to find out; will be one hell of an exciting game to watch. If you can’t wait and want a simulation, this Breaking Madden piece is pretty great.

So, let’s talk for a bit about the game itself in terms of what it means and does for the host city. Does hosting a Super Bowl mean as much to a city as is commonly claimed?

Here is a report on the effects of 2008 Super Bowl XLII on the greater Phoenix area by the Arizona State University WP Carey School of Business. The results claim:

Super Bowl festivities generated a record $500.6 million in direct and indirect spending by visiting fans and organizations, according to the newly released Super Bowl impact study produced by the W. P. Carey MBA Sports Business program.

The gross impact of a half billion dollars in the Arizona marketplace brings rejuvenation to an economy that has been weakened by a recession.

The ripple effect of return visits, family and company relocations, and word-of-mouth marketing nationally could equal or exceed the record Super Bowl spending in years to come.

That is in line with many of the claims that are commonly pitched for Super Bowls, but is that right?

Well, maybe not. There are a lot of demands on a host city, and they really add up. One of the best journalists out there writing on the intersection of sports and society is Travis Waldron, and he reported this on the eve of last year’s Super Bowl in New Orleans:

Those estimates, though, are likely fool’s gold, according to an assortment of academic research into the actual economic impact of Super Bowls and other major sporting events. When professors Victor Matheson and Robert Baade studied the economic impact of Super Bowls from 1973 to 1997, they found that the games boosted city economies by about $30 million, “roughly one-tenth the figures touted by the NFL” and an even smaller fraction of what New Orleans officials predict. A later Baade and Matheson study found that the economic impact of a Super Bowl is “on average one-quarter or less the magnitude of the most recent NFL estimates.”

Similarly, a 1999 paper from professor Philip Porter found that the Super Bowl had virtually no effect on a city’s economy. Research on other events New Orleans has hosted, including the men’s Final Four, is similar. When Baade and Matheson studied Final Fours, they found that the events tend “not to translate into any measurable benefits to the host cities.”

There are multiple reasons the estimates are often overstated. Impact estimates usually take into account how much money will be spent in the city during an event like the Super Bowl without examining how much potential spending will be lost because people don’t visit or leave the city to avoid the crowd — that is, the impact studies account for gross spending, but not net spending. And the estimates rarely include the additional cost of putting on the event, further distorting the disparity between gross and net spending figures.

Frankly, I find the Williams College study undergirding Travis’ argument far more persuasive than the happy face one put out here by ASU that is cited above. Still, even if the net impact is “only” 150-200 million dollars, that is a good thing for a city’s economy. And I don’t know what people going to the Super Bowl in cold weather place like New Jersey/New York are going to come away Continue reading

Judge Lamberth Takes DOJ to Woodshed; DOJ Moves Peas Under Different Pods

CryingJusticeThere was an interesting, albeit little noticed, order issued about ten days ago in the somewhat below the radar case of Royer v. Federal Bureau of Prisons. Royer is a federal inmate who has served about half of his 20 year sentence who in 2010 started bringing a mandamus action complaining that he was improperly classified as a “terrorist inmate” causing him to be wrongfully placed in Communication Management Unit (CMU) detention. The case has meandered along ever since.

Frankly, beyond that, the root case facts are not important to the January 15, 2014 Memorandum and Order issued by Judge Royce Lamberth in the case. Instead, Lamberth focused, like a white hot laser, on misconduct, obstreperousness and sheer incompetence on the part of the United States Department of Justice (DOJ) who represents the Defendant BOP in the case.

Here are some samples straight off of Royce Lamberth’s pen:

Plaintiff’s discovery requests were served on June 19, 2013. Defendant failed to respond on July 19, 2013, as required, nor did defendant file a motion for extension of time. Defendant’s first error, therefore, was egregious—arrogating to itself when it would respond to outstanding discovery.

and

Defendant’s fourth error was on August 5, 2013, when it filed its responses to interrogatories and produced a few additional documents. The answers to interrogatories contained no signature under oath, with untimely objections signed by counsel. Even novices to litigation know that answers to interrogatories must be signed under oath. Any attorney who practices before this Court should know that this Court does not tolerate discovery responses being filed on a “rolling” basis

Lamberth then goes on to grant the inmate plaintiff pretty much all his discovery motion and hammers the DOJ by telling plaintiff to submit its request for sanctions in the form of award of Continue reading

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Emptywheel Twitterverse
bmaz Was the police response to Boston bombing really appropriate? http://t.co/uWcY77L9Wi Answer is no; great work by @radleybalko @WPTheWatch
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bmaz @GregoryMcNeal No. And it was pretty obvious from the start.
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bmaz I see all the good news+discussion on pardons today and can't help but think what profound+great impact @DafnaLinzer + @ProPublica crew had.
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bmaz RT @JameelJaffer: Excellent piece by @rgoodlaw & @SarahKnuckey about @nytimes' reporting on drone strikes in Yemen. http://t.co/08yMJVr3fG
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bmaz @FalguniSheth @gideonstrumpet Fair point. I think my county is bigger than 8 states, all up there except Hawaii.
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bmaz @gideonstrumpet @FalguniSheth Don't know about Falguni's schedule, but @emptywheel is going to be around a bit, you should hook up.
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bmaz @gideonstrumpet @FalguniSheth Right. But that is not exactly CT....
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bmaz @gideonstrumpet @FalguniSheth Wait, you are traveling?
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bmaz @FalguniSheth @gideonstrumpet No, like me Gid is really a recluse.
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bmaz This----> RT @DLind This morning's DOJ announcement is a BFD. And we are on hand to explain why it matters. http://t.co/zahKzX0jLK
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bmaz @FalguniSheth @emptywheel You girls keep the lawyer near you. Never know when the professional pricks might be handy.
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