Culture

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Sony, the White House, and 10 Downing Street: What’s the Quid Pro Quo?

BrokenHollywoodLots of ugly things crawled out of Sony Pictures Entertainment’s emails leaked by hackers this past autumn.

The leak of emails and intellectual property, including then-unreleased film The Interview, was labeled “a serious national security matter” by the White House. In January this year, President Obama issued an executive order increasing sanctions against North Korea, the purported origin of the hack on SPE’s network and computers.

Sony Pictures Entertainment (SPE) is a wholly-owned subsidiary of Sony Corporation, a Japanese multinational conglomerate. In offering retaliation on behalf of SPE, the White House placed SPE on par with critical U.S. infrastructure, though no one will be physically injured or die should SPE be hacked again, and the market won’t collapse if SPE loses money on all its movies this year.

If SPE, a foreign-owned, information security-challenged entertainment firm, is now entitled to military protection against cyberattack, what is it the White House and the U.S. will receive or has received in exchange?

What’s the exchange in this quid pro quo?

Which brings us to the matter of STARZ’ cable series, Outlander, and UK Prime Minister David Cameron‘s government.

In 2013, STARZ network ordered the 16-episode adaptation of bestselling historical fiction novel, Outlander by author Diana Gabaldon, from production companies Tall Ship Productions, Story Mining & Supply Co., and Left Bank Productions, in association with Sony Pictures Television.

While STARZ was the U.S. distributor, offering the series on its own cable network, SPE’s TV arm appears to have handled overseas distribution to broadcast, cable, and video streaming services.

Outlander’s cross-genre narrative is set mainly in 1740s Scotland; the story is sympathetic to a Scottish protagonist and his time-traveling English wife who are caught between the British and Jacobites in the ramp up to the 1746 Battle at Culloden. The Scottish people and countryside are treated favorably in the series’ production.

The program debuted on STARZ in the U.S. on August 9 last year — a little less than six weeks before Scotland’s independence referendum (“IndyRef”). Outlander began airing in Canada and Australia in August also, and in October in Ireland after the IndyRef vote.

Distribution deals in other countries including Germany, Hungary, Japan, and the Netherlands led to wider release overseas last year.

But Outlander never received a distribution deal in 2014 in the UK, in spite of its many Scottish and British fans’ clamor and the source book’s status as a renewed bestseller in advance of the show’s U.S. debut. To date the series has only released on Amazon Prime Instant Video in the UK, for paid video-on-demand streaming — not on broadcast or cable.

At least one email leaked by hackers revealed that SPE personnel had a meeting or meetings with Cameron’s government. In an internal email from Keith E. Weaver, executive vice president, SPE executives were told,

“Your meeting with Prime Minister Cameron on Monday will likely focus on our overall investment in the U.K. – with special emphasis on the jobs created by Tommy Cooper [the ITV show], the importance of Outlander (i.e., particularly vis-a-vis the political issues in the U.K. as Scotland contemplates detachment this Fall), and the growth of our channels business…”

The implication is that SPE would suppress any effort to distribute Outlander to the benefit of Cameron’s anti-independence position, in exchange for “growth of our channels business…”

What exactly does this mean?

And is the pursuit of growth confined to SPE, or did “channels business” mean something else? Were Sony executives also looking for opportunities for Sony Corporation, which includes Sony Computer Entertainment, Sony Music Entertainment, Sony Mobile Communications (once known as Sony Ericsson), and Sony Financial?

Did SPE executives and the Prime Minister agree not to seek broadcast or cable distribution Outlander in the UK before this month’s election? Continue reading

Hollywood Illiberal: The Entertainment Industry’s Misogyny and Society’s Broken Mirror

BrokenHollywoodIn a recent heated discussion I was told, “Hollywood is liberal.” That’s bullshit, I said.

“But the themes they use in their stories—they’re liberal,” they rebutted. Again, bullshit.

The proof is in the numbers. Hollywood is a backward institution, the leadership and ownership of which are overwhelmingly white and male.

Entertainment looks as bad if not worse than most other industries in the U.S., when diversity measurements are compared. The entertainment industry in no way resembles the public to which it sells its wares, whether in front or behind the camera.

For women, a majority of the population at 51%, the numbers are grim:

  • Males outnumber females 3 to 1 in family films. In contrast, females comprise just over 50% of the population in the United States. Even more staggering is the fact that this ratio, as seen in family films, is the same as it was in 1946.
  • Females are almost four times as likely as males to be shown in sexy attire. Further, females are nearly twice as likely as males to be shown with a diminutive waistline. Generally unrealistic figures are more likely to be seen on females than males.
  • Females are also underrepresented behind the camera. Across 1,565 content creators, only 7% of directors, 13% of writers, and 20% of producers are female. This translates to 4.8 males working behind-the-scenes to every one female.
  • From 2006 to 2009, not one female character was depicted in G-rated family films in the field of medical science, as a business leader, in law, or politics. In these films, 80.5% of all working characters are male and 19.5% are female, which is a contrast to real world statistics, where women comprise 50% of the workforce.

[Source: Geena Davis Institute on Gender in Media]

Boldface above is mine; the numbers are beyond absurd when it comes to female directors. The Directors’ Guild of America has a folder (binder, if you’d rather) with the names of 1200 female directors. The Director’s List has collected the names of 1800 female directors, even larger than the DGA’s binder full of women.

But the number of women contracted by the major studios to make films is in the single digits?

That’s far from liberal by any stretch of the imagination.

The lack of women behind the camera distorts what the public sees before it:

  • Only 15% of all clearly identifiable protagonists were female (up 4 percentage points from 2011, down one percentage point from 2002), 71% are male, and 14% are male/female ensembles (see Figure 1).
  • Females comprised 29% of major characters, down 4 percentage points from 2011, but up 2 percentage points from 2002.
  • Females accounted for 30% of all speaking characters (includes major and minor characters) in 2013, down 3 percentage points from 2011, but up 2 percentage points from 2002.

[Source: It’s a Man’s (Celluloid) World: On-Screen Representations of Female Characters in the Top 100 Films of 2013, Martha M. Lauzen, PhD, Center of the Study of women in Television and Film, San Diego State University (White paper, PDF)]

Nor does it appear to matter whether film or television, when looking at the composition of directors. White men hold nearly identical percentages of directors’ slots in either media.— roughly 70%.

What does a crowd with realistic, or even equitable representation of women look like? We can’t rely on Hollywood to show us, based on this data. Our societal mirror is broken, at the expense of our mothers, daughters, sisters, ourselves. Continue reading

Superb Owl Types: Check in Here for NotAllFootBall

Yeah, me, too — I can’t do football tonight. Once the Detroit Lions and the Green Bay Packers were knocked out of the running, I didn’t have a horse in the race any longer and couldn’t muster the whatev to bother following the limp ball debacle.

Instead of watching the game, I’m going to knock something off my To-Be-Watched List this evening. At the top is television series Black Mirror, Season 1, produced by Channel 4 in the UK. It’s been a while since I watched some speculative/sci-fi television, and I’ve heard a LOT of great things about this series from people whose opinions I respect.

Season 1 is available via YouTube; Seasons 1 and 2 are available to stream now on Netflix.

If you’re not watching the Super Bowl, what are you doing this evening (or very early morning on the other side of the dateline)?

Expectations of Light Ahead

640px-Julaftonen_av_Carl_Larsson_1904

This painting by Swedish painter Carl Larsson, dated 1904, depicts a Christmas Eve gathering. Family members present are not giddy but quietly enjoying the prospect of the feast they will share, set out before them. Snow falls outside in the growing dark as candle and fire light fills the space within. The picture is illuminated as well by the serving girl’s soft smile – she and what she bears, created by human hands, are as important and warming as the light within the room.

Tonight in my household we are making Swedish cookies from a recipe left to us by a departed family member. We laugh over happy memories we shared with them, and now make new memories over this messy communion flavored with cinnamon, sugar, and too much butter. The fun and memories are as important as the cookies themselves; they create the foundation for decades of holidays yet to come.

I hope you are also someplace warm and happy tonight, enjoying pleasant memories and making more. Do something joyful, whether for yourself or others, even if you are alone. Embrace the expectation of increasing light in the days ahead.

And I wish Marcy and Mr. Wheel, Jim, bmaz, Ed, their families, and all the rest of the Emptywheel crew and community a very happy and peaceful Christmas.

Cuba Libre! A Momentous Shift in Relations

Without any question, the news of the day is the direct turnabout in relations between the United States and Cuba announced this morning. There is a rather long list of areas in which many people, including me, have profound disappointment with Barack Obama over. Lack of accountability for torture is but the latest and greatest in the news consciousness of the attuned public. But today is not such a day; today Barack Obama has risen to at least part of his once heralded promise. Today, Mr. Obama has my love and affection. Today is one of the type and kind of foreign policy, whether toward middle east or other global neighbors, moments promised in Cairo and rarely, if ever, fulfilled in tangible deeds instead of words. So, today, sincere thanks and appreciation to President Obama.

Here are the basics from the AP:

The United States and Cuba have agreed to re-establish diplomatic relations and open economic and travel ties, marking a historic shift in U.S. policy toward the communist island after a half-century of enmity dating back to the Cold War, American officials said Wednesday.

The announcement came amid a series of sudden confidence-building measures between the longtime foes, including the release of American prisoner Alan Gross, as well as a swap for a U.S. intelligence asset held in Cuba and the freeing of three Cubans jailed in the U.S.

President Barack Obama and Cuban President Raul Castro were to separately address their nations around noon Wednesday. The two leaders spoke by phone for more than 45 minutes Tuesday, the first substantive presidential-level discussion between the U.S. and Cuba since 1961.

Wednesday’s announcements followed more than a year of secret talks between U.S. and Cuban officials in Canada and the Vatican. U.S. officials said Pope Francis was personally engaged in the process and sent separate letters to Obama and Castro this summer urging them to restart relations.

This news alone would have constituted something earth shattering, but there is much more than just that. In fact, the AP laid out the merest of backgrounds with that opening. There is much, much, more. I have the official press release, and Continue reading

Sony, Hacked: It’s Not One Massive Breach – It’s More Than 50 Breaches in 15 Years

Cybersecurity_MerrillCollegeofJournalismEver try to follow an evolving story in which the cascade of trouble grew so big and moved so fast it was like trying to stay ahead of a pyroclastic flow?

That’s what it’s like keeping up with emerging reports about the massive cyber attack on Sony. (Granted, it’s nothing like the torture report, but Hollywood has a way of making the story spin harder when it’s about them.)

The second most ridiculous part of the Sony hack story is the way in which the entertainment industry has studiously avoided criticizing those most responsible for data security.

In late November, when the hacker(s) self-identified as “Guardians of Peace” made threats across Sony Pictures’ computer network before releasing digital film content, members of the entertainment industry were quick to revile pirates they believed were intent on stealing and distributing digital film content.

When reports emerged implicating North Korea as the alleged source of the hack, the industry backpedaled away from their outrage over piracy, mumbling instead about hackers.

The industry’s insiders shifted gears once again it was revealed that Sony’s passwords were in a password-protected file, and the password to this file was ‘password.

At this juncture you’d think Sony’s employees and contractors – whose Social Security numbers, addresses, emails, and other sensitive information had been exposed – would demand a corporate-wide purge of IT department and Sony executives.

You’d think that anyone affiliated with Sony, whose past and future business dealings might also be exposed would similarly demand expulsion of the incompetents who couldn’t find OPSEC if it was tattooed on their asses. Or perhaps investors and analysts would descend upon the corporation with pitchforks and torches, demanding heads on pikes because of teh stoopid.

Nope.

Instead the industry has been tsk-tsking about the massive breach, all the while rummaging through the equivalent of Sony Pictures’ wide-open lingerie drawer, looking for industry intelligence. Reporting by entertainment industry news outlets has focused almost solely on the content of emails between executives.

But the first most ridiculous part of this massive assault on Sony is that Sony has been hacked more than 50 times in the last 15 years.

Yes. That’s More Than Fifty.

Inside Fifteen Years. Continue reading

Yes, Ray Rice’s Diversion Adjudication Was Appropriate

JusticePicThe popular meme has been that Ray Rice got some kind of miraculous plea deal to diversion (pre-trial intervention, or “PTI”, in New Jersey parlance) and that NOBODY in his situation ever gets the deal he did.

Is that true? No. Not at all. Kevin Drum wrote a few days ago at Mother Jones on this subject:

First, although Ray Rice’s assault of Janay Palmer was horrible, any sense of justice—no matter the crime—has to take into account both context and the relative severity of the offense. And Ray Rice is not, by miles, the worst kind of domestic offender. He did not use a weapon. He is not a serial abuser. He did not terrorize his fiancée (now wife). He did not threaten her if she reported what happened. He has no past record of violence of any kind. He has no past police record. He is, by all accounts, a genuinely caring person who works tirelessly on behalf of his community. He’s a guy who made one momentary mistake in a fit of anger, and he’s demonstrated honest remorse about what he did.

In other words, his case is far from being a failure of the criminal justice system. Press reports to the contrary, when Rice was admitted to a diversionary program instead of being tossed in jail, he wasn’t getting special treatment. He was, in fact, almost a poster child for the kind of person these programs were designed for. The only special treatment he got was having a good lawyer who could press his cause competently, and that’s treatment that every upper-income person in this country gets. The American criminal justice system is plainly light years from perfect (see Brown, Michael, and many other incidents in Ferguson and beyond), but it actually worked tolerably well in this case.

Mr. Drum is absolutely correct, Ray Rice was quite appropriate for the diversion program he was ultimately offered and accepted into by Atlantic County Superior Court.

In fact, that is exactly the deal I would hope, and expect, to get for any similarly situated client in Rice’s position. It is also notable the matter was originally charged as a misdemeanor assault in a municipal court, which is how this would normally be charged as there was no serious physical injury. Rice would have gotten diversion there too and, indeed, that was the deal his lawyer, Michael Diamondstein, had negotiated with the municipal prosecutors before the county attorney snatched jurisdiction away and obtained a felony indictment. Despite the brutality depicted by the video, this is precisely the type of conduct that underlies most every domestic violence physical assault (seriously, what do people think it looks like in real life?) and it is almost always charged as a simple misdemeanor assault.

Janay Palmer Rice clearly did not receive a “serious physical injury” level of injury under the applicable New Jersey definition in NJ Rev Stat § 2C:11-1(b) and a small period of grogginess/unconsciousness is not considered, by itself, as meeting the threshold. Now, to be fair, New Jersey has two levels of injury that can lead to a felony charge, the aforementioned “serious physical injury”, and the lower “significant physical injury”, pursuant to NJ Rev Stat § 2C:11-1(d) that Rice was charged under, and which is a far less serious charge, even though still nominally a felony under New Jersey classification.

The injury to Janay Palmer (Rice) did fall within the lower “significant physical injury” threshold under New Jersey’s criminal statutes because of the momentary apparent lapse of consciousness. So, under the New Jersey statute, while the felony, as opposed to simple misdemeanor, charge may have not been the norm for such a fact set, it was certainly minimally factually supportable. That said, most all similar cases would still be charged as simple assault, as indeed, as stated above, Rice initially was. The New Jersey assault statute, with its different iterations of offenses, and offense levels, is here.

With that description of the nature and structure of assault in New Jersey out of the way, there is something else that must be addressed: I am absolutely convinced that the Continue reading

Ferguson/Wilson Grand Jury Return Thoughts and Working Materials

CryingJusticeLast night was quite a night in the greater St. Louis Missouri area, especially the towns of Ferguson and Clayton, where the St. Louis County seat and courthouse is located.

First, at the insanely reckless, and inexplicably late hour of 8:00 pm, St. Louis prosecutor Bob McCulloch held one of the most surreal and disingenuous press conferences I have ever seen by a prosecutor in my life. Correction, not one of the most, but THE MOST. Here is the video and an uncorrected transcript from CSPAN.

The content is simply stunning. Prosecutor McCulloch basically gives a closing summation from the perspective of Darren Wilson’s personal defense attorney. Which makes sense, as that has been the clear and unmistakable posture of McCulloch from the outset of this charade. He glowingly recounts cherry picked aspects of Wilson’s testimony to support the officer’s narrative, and then attacks the numerous civilian, and mostly black, witnesses that support the Brown side of things as all being either mistaken, liars or not even there. Just amazing.

But, as I alluded to, it was not just the content, but the timing of McCulloch’s press conference as well. It was a consummately reckless and hideous thing to do to wait until well into the night and darkness to incite the tinderbox of emotion and protest. Here is Jeff Toobin at CNN:

Here’s the thing about that time of night: it’s dark. Anyone — anyone! — should have known that the decision in the Brown case would have been controversial. A decision not to indict, which was always possible, even likely, would have been sure to attract protests, even violence. Crowd control is always more difficult in the dark.

The grand jury’s deliberations concluded around lunchtime on Monday. It would have been simple to make the announcement while it was still daytime. Still, McCulloch said that he would not announce the grand jury’s decision until 8 p.m. CT.
….
The predictable reaction ensued. Protests began, some of them violent. Police responded with tear gas. Fires burned. Cars were destroyed. Gunshots were heard. The full scale of the damage was difficult to assess last night.

The ultimate verdict on the grand jury’s decision is up to history at this point. But the verdict on McCulloch opting to announce the decision at night is clear — and devastating.

That is spot on. Insane is a word that I have been using a lot in respect to this case, but it certainly applies to McCulloch’s dog and pony show timing.

Next is the actual grand jury materials and content, and what they mean to the injustice that has occurred in this matter. That one is going to take a lot longer to suss through and put together. I have read a few bits and pieces, notably much of Darren wilson’s grand jury testimony, but there are thousands of pages of material, and it will take me days to get through it properly. More will come, but for now, I want to give a couple of links to the full set of materials put together by others.

Here is the New York Times version. I think it is the best formatted and easiest to navigate so far.

Here is the NPR version from the St. Louis affiliate.

Here is the Guardian version.

They are all fine links from which to navigate and I link all three because they went to great trouble to do a public service in a short amount of time. They are owed thanks. The one substantive comment I will make for now is the way the standing prosecutors, Kathi Alizadeh and Sheila Whirley, spoon fed the witnesses, and especially Darren Wilson, and otherwise slanted everything imaginable, to support the exoneration of Wilson is just disgusting. I have read countless grand jury transcripts over the years, and I have NEVER seen anything that remotely resembles this kind of biased, for the defendant, dog and pony show. Again, it is simply insane and unheard of.

Okay, this entire grand jury was a farce, a charade, and a lie. It was a cravenly engineered whitewash by Bob McCulloch from start to the criminally reckless end with Ferguson in flames last night. And do not, like so many on social media seem to be doing, think the DOJ is going to bail the situation out by indicting Darren Wilson on federal charges. Even DOJ veterans say it is unlikely. I say there is not a chance in hell of an indictment against Wilson personally.

In closing, a few words by my friend Scott Greenfield from his excellent criminal defense blog Simple Justice:

Americans may be a smart, educated people, but we are lazy and ignorant. It’s too much effort for our delicate sensibilities to gain a deeper understanding of how our nation functions. This is why the Ferguson Lie happened. This is why the Ferguson Lie works.

That the grand jury did not indict Ferguson Police Officer Darren Wilson was a foregone conclusion. To those of us who don’t have to look up a study or read a law review article to understand how indictments happen in the real world, the outcome was clear when St. Louis County District Attorney Bob McCulloch announced that he would present all the evidence to the grand jury. Wachtler’s “ham sandwich” has grown trite in this discussion.

The Ferguson Lie is an appeal to our sense of fairness and transparency. We were played. McCulloch’s lengthy spiel before announcing “no true bill” was to spread the lie. To the ear of the media, McCulloch’s pitch was appealing; the grand jury heard all the evidence. The grand jury transcript will be disclosed to provide complete transparency. Witnesses lied to the media, but the grand jury heard the truth. The grand jury saw the hard evidence. Nine whites and three blacks, so no one would think that the grand jury was denied the voice of people of color, sat on the grand jury, which met for 25 sessions and more than 70 hours of testimony.

The grand jury did the dirty work that America needed done. The grand jury has spoken.

This is the lie.

Go read all of Scott’s piece, it is superb and exactly how I feel too.

For now though, I have to get off to court. There will be much more, but I am not sure when given the time to cull through the materials and the holidays. Until then, happy hunting in the treasure trove of documents, and post your findings and discussion in comments.

More Catcalling Debate Room Needed at New York Times

[Update below]
So, the New York Times today has up another in their series called “Room For Debate”. Today’s topic is “catcalling”, and the supposedly relevant question for debate is “Do We Need a Law Against Catcalling?” The ‘debate” is based on the “catcalling video” that has gone somewhat viral the last couple of days. First off, let us stipulate that catcalling is disgusting and reprehensible, and there seems to thankfully be a bipartisan consensus on that. But does the New York Times make it a fair debate when it comes to criminalization of public speech? No, of course not, there are three contributors who specialize in seeking to restrict clear First Amendment speech on this subject against one token policy guy from the ACLU who gives the “whoa, hold on there” position. Hardly a “fair and balanced” fight, but the framing itself makes it crystal clear the Times did not want a fair fight.

Frankly, the fact that the NYT was determined to push the knee jerk attack on free speech side was patently obvious from the fact of their title “Do we Need a Law Against Catcalling” and that is exactly what they put up. Which, considering that the New York Times has led the pantheon of First Amendment law for decades, is a rather astounding and depressing thing. I guess the Times’ love and protection of the First Amendment tails off quickly when their own rear ends and press rights are not on the chopping block. A disturbing position.

This is but the latest example of a growing victim culture trend that is willing to abandon the founding Constitutional principles, and shift inherent burdens of proof, out of emotional angst. There is the attempt to criminalize speech in via so called “revenge porn” laws. There is the astoundingly intellectually backward desire of Ezra Klein to eliminate due process and shift the burden of proof onto the accused – presumed guilt – in state government sponsored punitive proceedings in state universities. And now this.

These are all feel good laws fighting against things that are detestable – revenge porn, non-consensual sex and flat out rape on college campuses, and verbal harassment of women on city streets and in public places. Those are all terrible things that we should all be firmly against, and I am. But just because there are terrible things out there in our world does not mean there is always an appropriate path to eradicate it through ever more broad and vague criminal laws. That is a path our founders took great care to protect against, and one we would do well to keep in mind when emotions try to overcome Constitutional protections.

So, in conclusion, no, we most certainly do NOT need a law against catcalling. Furthermore, in the true spirit of Halloween, I boo and hiss in the general direction of the hypocritical New York Times, who apparently view the First Amendment as protecting them, but not the rest of us non-journalist common citizens.

[Note: It is my belief that this will be one of multiple entries from a group of friends who are either practicing criminal defense attorneys, or heavily involved in the criminal justice system. Our own “More Room For Debate” if you will, because the Times will never seek out actual practicing criminal defense lawyers when talking about, you know, criminal laws. Those in for the debate, or hopefully contemplating it, are: Scott Greenfield from Simple Justice, Gideon from A Public Defender, and Liliana Segura from The Intercept. All of these people, and their blogs, are simply superb, and you should be reading them. When and if they post their entries at their sites, I will update with links here]

Update 1: And Scott Greenfield has weighed in with his take.

Gov. Nixon Should Remove Prosecutor McCulloch Too

What a difference a day makes. After several days of police wilding in the streets of Ferguson, Missouri Governor Jay Nixon removed local and county control of policing and ordered the head of the Missouri State Patrol to take over. The change in tone was immediate, instead of making war on the citizens of Ferguson, last night the police walked side by side with the protesters and engaged them as actual citizens. Suddenly things were better and hope returned to the town.

The move pretty clearly should have been made a couple of days earlier, but Gov. Nixon was right to make it and made a strong and unifying statement when he announced the move.

But governor Nixon’s work is not done. It is not just the local police that displayed impropriety and lack of fitness for the job in relation to the aftermath of the Michael Brown killing…so to has the local prosecutor, Robert McCulloch.

Late yesterday, McCullogh said this to local reporter Paul Hampel:

First off, McCulloch’s statements displayed a remarkably tone deaf and tin ear, not to mention an affinity for the local police that is directly at odds with the duty of prosecuting the officer who killed Michael Brown. And make no mistake, the killing is shaping up as a straight up execution of Brown by the soon to be named officer. Yet another eyewitness came forward last night (in some superb work by MSNBC and Chris Hayes) reinforcing and corroborating the description previously given by Dorian Johnson, the youth who had been with Brown.

So, the statements of prosecutor McCulloch, who as the elected prosecutor for St. Louis County, would have presumptive jurisdiction of any prosecution, already place him in a position of potential bias.

But there is more in McCulloch’s background that makes him inappropriate for this case. As described in a Reuters background article on McCulloch:

As St. Louis County prosecuting attorney, McCulloch is responsible for deciding whether to pursue criminal charges against the police officer who fatally shot 18-year-old Mike Brown on Saturday outside a low-income apartment complex in Ferguson, Missouri.

The shooting of the unarmed black teenager sparked days of rioting and protests in Ferguson and surrounding communities and some residents say the mostly white ranks of local and county law enforcement officials are not objectively investigating the case.

McCulloch, 63, has held the top county prosecutor’s job for 23 years and has promised an impartial investigation of Brown’s death. But protesters say McCulloch, whose police officer father was killed in the line of duty when McCulloch was a child, should be removed from the case.

“I don’t trust Bob McCulloch,” community activist Anthony Shahid said as he helped lead a march by roughly 100 people at the St. Louis County Justice Center this week. “His father was killed by a black man.”

Should that history disqualify a prosecutor in a normal situation? No, probably not. But this case is not at all a normal case. The eyes of the world are now on Ferguson, and the town is still distrustful of the local authorities and frayed at the emotional seams.

The investigation and charging determination have to be beyond reproach. It has to be done right and the citizens and victim’s family must trust justice is being fairly done. At this point McCulloch cannot be the man who leads that effort. Not now.

And there is a clear path for Governor Jay Nixon to remedy the situation. Chapter 27 of the Missouri Revised Statutes, specifically §27.030, provides:

When directed by the governor, the attorney general, or one of his assistants, shall aid any prosecuting or circuit attorney in the discharge of their respective duties in the trial courts and in examinations before grand juries, and when so directed by the trial court, he may sign indictments in lieu of the prosecuting attorney.

Governor Nixon has the clear authority to order Missouri Attorney General Chris Koster to aid this prosecution and guide the grand jury investigation. In order to give the community confidence a fair process and justice is being delivered, that is exactly what the Governor should do.

[PS Note: While the post title talks of “removal”, and there may or may not be a separate path for that available to Nixon under “emergency powers”, §27.030 only provides a path to have the AG, or his designee, be effectively a co-leader of the prosecution, both in the grand jury and in the trial court. This would be a substantial move, in and of itself, in that a more neutral party than McCulloch would be involved along side him, with full rights to participate in proceedings.]

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emptywheel @joanneleon Faced w/2nd C ruling they have to start being honest abt what htey want. @PGEddington
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emptywheel @joanneleon It's not JUST that. This has been end game for IC all along, and is real intent of some stuff in USAF @PGEddington
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emptywheel Think I've finished 1st read of Burr's IC wet dream of a bill. https://t.co/PtsudcUlaN Or, as certain stenographers call it, "compromise"
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emptywheel @KevinBankston Remember that Majority Leader can change his vote to bring it back up again.
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emptywheel Really special: What I've always called out carve out for non EC/remote computing corporations in Burr bill applies only to former.
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emptywheel @Krhawkins5 McConnell's plan is far preferable. BC IC doesn't want it. Burr's is precisely what they want. @KevinBankston
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bmaz RT @ZoeTillman: DC prosecutors are withdrawing their opposition to a new trial for man convicted of killing Chandra Levy, per defense couns…
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emptywheel @KevinBankston Is there a parliamentary term for that?
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