Huge Brass Balls and A Burn In The Bay: BART Shooting Verdict

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Sundown will be bouncing in off the water soon. There is probably a false lull except on the arterials leaving. But there is talk of a burn by the bay tonight. A city on flame from the ill will between the black and the blue. The verdict is, inexplicably, involuntary manslaughter in the Oakland Bay Area Rapid Transit subway execution of young Oscar Grant by cop:

A jury found former BART police Officer Johannes Mehserle guilty today of involuntary manslaughter in connection with the New Year’s Day 2009 shooting of an unarmed train rider, finding that he had acted with criminal negligence when he fired a single shot into Oscar Grant’s back at the Fruitvale Station in Oakland.

Within minutes of the verdict being read, the city was preparing for the the slow burn to lead to explosion:

3:30 p.m. City asks residents/merchants to prepare for possible violence

Police are advising residents to park cars in garages or a secure location if possible. Many streets in downtown are being closed off.

Residents and merchants should remove or secure large trash cans that are on the street. To report crimes in process, call 911 or 510-777-3211 from a cell phone.

There is reason for concern. The facts are incendiary. Kevin Drum hit it pitch perfect:

Of course, this understates the case a wee bit. Mehserle, along with several other BART cops, had Grant pinned face first on the ground when he very deliberately pulled out his gun and shot Grant in the back. Mehserle’s defense is that he meant to pull out his taser but mistakenly pulled out his gun instead. This is, needless to say, pretty hard to accept, and there’s little question that there’s a jury anywhere in the country that would have bought this story from anyone who wasn’t a police officer. You can judge for yourself in the cell phone video taken by a witness (the clearest view starts around the 1:45 mark).

I hardly even know what to say about this. I wasn’t in court and I wasn’t on the jury, so I didn’t hear all the evidence. But for chrissake. Look at the video. Mehserle didn’t look confused and modern tasers don’t feel much like service revolvers. And it’s not as if he was acting under extreme duress. At most there was a brief and perfunctory struggle, after which Mehserle calmly raised himself up while Grant was pinned to the ground, drew his revolver, and shot him.

It really is pretty much exactly that. Oakland knew. They knew from the first second. Now their justice has been taken by a jury with no blacks. Down south in Hollywood. Taken as blatantly as Oscar Grant’s life.

On a corollary, you have got to admire the balls on Mehserle’s attorney, Michael Rains, who talked his client into trying to pull back the manslaughter lesser included charges from consideration by the jury and send them to deliberate up or down on second degree murder.

Legal experts called the ruling a victory for the prosecution. The defense had sought to rule out the manslaughter counts, but Judge Robert Perry said jurors – who are scheduled to hear closing arguments today – had enough evidence to consider them in connection with the shooting of unarmed train rider Oscar Grant.

“The defense wanted all or nothing, betting that the jury would not find him guilty of murder,” said Laurie Levenson, a former federal prosecutor who teaches at Loyola Law School in Los Angeles. “This gives the jury a compromise position.”

Yeah, that is the play, but it is a tad more bare knuckles hairy than that sterile explanation. See, a client doesn’t make that decision without some, um, input from his lead defense lawyer.

That’s a big time play. Because if you misread the jury (and whoo boy is that easy to do; juries are fucking loopy), and if they don’t like your guy or you case as well as you thought, you just walked your client head first into a top count conviction for second degree. Probably a lot less tense when your client is a cop. Being tried in LA for shooting a black kid in Oakland. But still…

Guess the prosecution didn’t think the jury would return on second either, because they fought tooth and nail to keep the lesser includeds in the jury verdict set. And that is what the court did, so Mike Rains did not have to stand in the well of the court next to his client and wait. Wait for the jury to come in. Wait to see if your move to put your client’s ass on the big line for the top count, all or nothing, was genius or wanton malpractice. Wait for the jury to get seated. They don’t look at you as they file by on their way to the jury box when returning with the verdict. They know and you don’t. And they will not risk giving it away by making eye contact. A procession of twelve druids. It is eery silent.

Then you wait as the judge and clerk go through the formalities for the reading of the verdict. It takes forever. It is absolute hell. But today was a good day for Michael Rains and his client Mehserle. But a bad day for the City of Oakland. Now the night comes.

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Cowboys, T. Jeff’s Declaration, Bond Bitchez and Teh Porn Stash

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Hi there buckaroos and buckarettes. Sometimes a man has gots to do what a man has gots to do. Now is one of those times. Marcy up and penned this most awesome cutting, biting, truth to power wonderful post. And then she went and buggered the pooch with a sandpapered, plain vanilla, non confrontational milquetoast title.

Bleeeccchhh.

Responsible blog wingman and all that I am, I immediately pointed out the title should be “The Declaration of Independence, Obama’s Presidential Kill Cards and the Porn Stash”. Same old story; same old song and dance. Nobody ever listens to good old bmaz. Instead we went with the Wolf Blitzer/Jonas Brothers/Disney Lite title of “Keep Your Declaration of Independence Right Next to Your Assassination Cards”.

Yawn.

Come on, you just know that Michael Leiter, the designated human kill switch of the Obama Administration, keeps those two critical reference materials – the Declaration of Independence and the US Government’s deck of snuff cards – in the safest, most discreet and yet accessible, location to his bedroom. You know, right where he keeps his porn stash.

Now what is really odd about this report, and does not register at first blush, is that Leiter has mentally honed in and lasered his focus on the Declaration of Independence rather than the Constitution. Seriously; think about it. It is an incredibly telling difference.

Here is the opening text of the aggressive and intentionally somewhat in your face Declaration of Independence, the forward cry and belligerent marking of territory by a new nation staking its claim in the world:

When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

Then ponder the respectful, moral and enlightened reach of the Preamble to the Constitution, the hallowed document that Leiter and Obama ought to be paying attention to when deciding to remotely snuff human lives (including, by all reports, those of American citizens) without the protection of due process and by the cold mechanical death by drone:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The Declaration is an affirmative statement of manifest authority; the Constitution is a self imposed restriction of manifest authority and protection of due process in the face of it. So, there are a lot of issues with this whole gig surrounding Leiter and his nighttime is the right time to kill thing. And people were worried about Hillary getting a 3 am call; seems all so quaint now.

Oh, and by the way, T. Jeff it has now been concluded made a mistake in drafting the Declaration of Independence, and had it even more authoritarian than anybody ever knew:

Preservation scientists at the Library of Congress have discovered that Thomas Jefferson, even in the act of declaring independence from England, had trouble breaking free from monarchial rule.

In an early draft of the Declaration of Independence, Jefferson wrote the word “subjects,” when he referred to the American public. He then erased that word and replaced it with “citizens,” a term he used frequently throughout the final draft.

The Library released news of the struck word for the first time on Friday.

Jeebus, even dead presidents and founders are going rogue.

The other quite random thought I cannot pry from my beady little mind is the slathering coverage of the super hot, most awesomest, Redhead Rooskie Spy Babe, Anna Chapman. At first I could not figure out the singular fascination of the press with this chick who is being billed as the new “Bond Babe”.

Then it dawned on me. Chapman is hot, red, sultry and enticing. And she looks eerily like a young and come hither Maureen Dowd. Come on, you just know Howie Kurtz and his penis er the media is thinking that.

Well, that is yer friendly Friday Night Emptywheel Trash Talk. New and improved with no sports! Eh, it will be Favre season soon enough, so do not despair. Tonight’s musical interlude is a little slice of the old west I know and love. Actually, I like both kinds of music, country and western. The incomparable Phil Lynott and Thin Lizzy with The Cowboy Song. Oh, and the Boys Are Back.

Happy trails pardners!

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Keep Your Declaration of Independence Right Next to Your Assassination Cards

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Call me crazy, but this is probably not exactly the kind of treatment Thomas Jefferson was thinking the Declaration of Independence would receive 234 years after he wrote it.

Many nights an item prompts a call to wake the NCTC director, Michael Leiter, 41, the junior member of the nighthawks. He displays a copy of the Declaration of Independence, next to a deck of baseball-style cards of high-value terrorist targets: “I keep the ones who are dead on top. It’s a little macabre, but that’s the world we live in.” When the NCTC calls in the middle of the night, he is often half-awake.

Among those cards, after all, is probably the one that signifies that the President has approved, with no due process, an order to assassinate US citizen Anwar al-Awlaki. That’s the kind of thing that Jefferson objected to when he called the following “Despotism”:

He has affected to render the Military independent of and superior to the Civil power.

[snip]

For Quartering large bodies of armed troops among us:

For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

[snip]

For depriving us in many cases, of the benefits of Trial by Jury:

[snip]

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

While I’m making wildarsed Fourth of July guesses, let me also suggest that this kind of security porn–a 24-style terror play in 9 acts–is probably not exactly what Thomas Jefferson imagined as the role of the free press when he so furiously defended it.

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DARPA Seeking CompLit Experts

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Oh boy, I’ve got a lot to say about this:

After nine years of conflict, the U.S. military is still having trouble finding common ground with warzone locals. One way to fill that breach, Darpa figures, is through “interactive stories.”

Counterinsurgency, in many ways, is a series of negotiations — over economic development, over security, over political power. And “negotiation,” Darpa explains in a new request for information, “is best served by a culturally-specific narrative that explains why we hold a position, how it relates to other parties, and how it affects all parties both positively and negatively.”

[snip]

To come up with its storytelling tools, Darpa’s Information Processing Technologies Office is hoping to go beyond its usual cadre of neuroscientists, artificial intelligence specialists, and gadgeteers.  The agency also wants contributions from “art, literature, film, dance, games development, advertising and public relations, advertising, grass roots organizing, collective decision making or any other discipline for which the respondent can make an argument that the approach bears on this task.”

Click through for the bit about Wizard of Oz.

First, a story. As I was finishing my PhD–having done research on what amounted to interactive narratives–I was hanging around MI’s School of Information some. I saw a presentation from some IBM dude who worked at their Yorktown Heights research center. He was describing how IBM’s consulting wing had started working with their clients to use narrative to better manage corporate culture. It quickly became clear to me that they hadn’t ever considered one of the basic problems of the literary sphere–irony (or, more generally, language that was not transparent, that meant something different than its plain language meaning). This IBM dude was describing, for example, how significant they thought it was that one story-collection they had done had mentioned one of their clients’ VPs a large number of times. I asked, “were they being sincere? because some of those comments sound like they were being ironic?” Because IBM was assuming language was transparent (as it often is when you’re talking to computers), they had misread that what they thought was instilling strong corporate culture but was instead a corporate-funded way to trash their own VP.

I went to ask IBM dude about this after he finished. As it turned out, he had worked with my father when he worked at Yorktown Heights; my dad was a big hero to this IBM dude (I believe he meant his compliments sincerely). And IBM dude was thrilled when I told him I was a Watson scholar; IBM had paid a big chunk of my college tuition and employed me every summer in college (I also learned to swim at the IBM pool, that’s how thoroughly I was immersed in IBM culture). So for shits and giggles, I asked whether IBM would be able to hire someone like me–someone with expertise in the subtleties of human narrative. And he sort of soured and said, “oh, no, we’re really only able to hire social scientists.”

Lucky for me, I had gotten my fill of working at IBM every summer in college.

I took two things away from this exchange.

First, the exchange reinforced my strongly held belief that our society devalues the humanities to its significant cost. Read more →

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The Well Oiled Man Hayward Goes Yachting As Gulf of Mexico Dies

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Now that I have effectively turned this blog into Gawker, I might as well take one more crack at the well heeled aristocracy. Today’s jet setting celebrity is none other than BP Big Man Dr. Anthony Bryan Hayward, CCMI. Better known to us “small people” here in the States as Tony Hayward, CEO of the corporate criminal BP, one of big oil’s supermajors.

And what has Anthony Bryan Hayward, CCMI been up to lately you ask? Well like all the finest jet set playahs in summertime, he has been yachting:

Embattled BP Chief Executive Tony Hayward took a break from manning the massive Gulf Coast oil spill Saturday to attend a posh yacht race in England.

“It’s a well-known event in the British calendar. He’s entitled to private time with his family,” said BP spokesman Robert Wine.

Hayward — who infamously quipped that he’d like the devastating spill stopped so he could “get (his) life back” — was watching his boat “Bob” in the J.P. Morgan Asset Management Round the Island Race Saturday off the Isle of Wight.

Guess Big Man Tony got his life back. Unfortunately, Aaron Dale Burkeen and the other men on Deepwater Horizon will never get their lives back. Eleven of them no longer even have a life to get back, having perished in the burning and exploding hell of Hayward’s Macondo inferno.

Meanwhile, back at the Gulf shore of the United States, things are going swimmingly. Well, swimming in oil anyway. The Gulf oil spill is a hole in the world; as Naomi Klein says in a brooding but fantastic article in today’s Guardian:

The Deepwater Horizon disaster is not just an industrial accident – it is a violent wound inflicted on the Earth itself.

Indeed. Oh, and the gross quantities of methane and crude oil gushing forth at ever increasing flow volume from the mouth of hell Macondo well could create “dead zones” where oxygen is so depleted that nothing lives. And there is enough oil in the vast Macondo reservoir to keep spewing oil at the current rate for two to four years, maybe longer. So we Yanks have that going for us as Big Shot Tony goes yacht clubbing with his sleek racing sloop, the “Bob”, in the posh and prestigious J.P. Morgan Asset Management Round the Isle of Wight Race.

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The Sartorial Splendor of NYTimes Professionals (MoDo) at Work

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As you may recall, Jim Risen of the New York Times recently caught a little flack for producing a rather un-Risen like article in the Times on the “suddenly discovered” Afghanistan mineral mother lode. When a few astute souls, led by several in the main media, mused that it seemed an odd story coming from Risen’s pen, Risen went a tad apoplectic.

I respect Risen; seems to be a decent chap so, like Marcy, I kind of internally cut him some slack and blew it off even though the story was curious and the mineral deposits were long known. Cest la vie. Until Risen decided to lash out with an unnecessary, undeserved and mean spirited frontal assault on bloggers:

In an interview with Yahoo! News, Risen dismissed suspicions that the story was part of an orchestrated campaign to rescue the troubled American effort there and derided critical bloggers as pajama-clad layabouts with no reporting chops.

Aw Jim, why did ya go and do that? Because now I have to point out what kind of sophisticated high fashion threads the high and mighty stars of the New York Times, Risen’s home, wear when covering the biggest and most important stories of our age. In the august and serious halls of United States District Court.

You see, Marcy and I had the privilege of covering closing arguments in United States Federal Court in San Francisco on the groundbreaking Perry v. Schwarzenegger case. As luck would have it, so too one of the tenured star of stars from the New York Times was present with us covering the critical closing arguments. None other than the high doyenne herself, Maureen Dowd! Exciting!

But while I, a lowly blogger, was clad in a Brooks Brothers suit, Canali tie and well polished Cole Haans, the star representative from the venerable Gray Lady New York Times, home of uptight sartorial snobs like Jim Risen, came dressed quite in a different and interesting fashion. Take a look and judge for yourself whether the haughty boys and girls at the New York Times ought to be blowing dung out their posteriors at other reporters over fashion sense and choice. Go ahead clotheshorses of the Gray Lady, make my day.

The traditional prize awarded for outstanding commentary, the cherished Emptywheel hubcap, will be bestowed to the most creative caption for this precious photo. Let the contest begin!

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Touchdown Jesus Struck Down by Act of God (or Maybe Al Gore)

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This is perhaps a post that klynn and Leen (and BoxTurtle, too?) will appreciate more than the rest of you. Because they, like me, have undoubtedly almost crashed their car because they were laughing so hard as they drove by Touchdown Jesus, which is a mighty gaudy distraction just east of 75 north of Cincinnati.

Or should I say was?

Because last night an Act of God–in the form of a lightning strike–destroyed Touchdown Jesus. (Thanks to cbf for alerting me of the target of this particular Act of God; for video, go here.)

Though I tend to think it was not so much an Act of God as an Act of (fat) Al Gore–or rather, climate change. After all, climate change is likely the more direct cause of the really crazy weather we’re having this year. And this Act of God occurred just one week after tornadoes took part of the roof off Michigan’s Cabelas (which, for you arugula-eating Coasters, is a temple to hunting culture much cherished in flyover country), which is MI’s biggest tourist site and, like Touchdown Jesus, is also a testament to the hubris of Americans.

I think climate change is trying to tell us something.

(Touchdown Jesus photo by Morhange under Creative Commons Attribution ShareAlike 3.0)

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Obama Monty Hall To Give Lovely Parting Gifts To BP Death Victims

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The title pretty much tells the tale. It was just stated on The Ed Schultz Show on MSNBC that:

Family of 11 victims of the Deep Horizon explosion to visit White House next week.

Well, that is just swell.

On the day a forlorn paucity of the media belatedly report on the deceptive collusion that the US Government and BP have been sitting on physical evidence, and factual conclusions drawn therefrom, contained in the full set of video feeds they both have been viewing from the outset of the BP Macondo/Deepwater Horizon blow out, we learn the White House is suddenly going to submit to external pressure and grant the victims of the BP/Deepwater Horizon homicides a walkby meet and greet ceremonial dog and pony show. After nearly two weeks of the victims screaming they have been forgotten, the audience has been approved from on high.

How refreshing. I hope the bereaved at least get an official White House coffee cup and Presidential keychain for their participation.

This is just wrong. It is not wrong for Obama to meet with the relatives and next of kin to the wrongfully deceased of an American natural disaster. It is wrong they had to beg for it, wrong it is being sold like a new product release, and wrong it is used as a convenient image makeover for an Obama Administration recalcitrant to treat mass scale criminal, and wholesale recklessly wanton environmental behavior as what it really is.

Think this is an exaggeration? Just wait and watch. Let me know when there is individual criminal liability where it belongs, as opposed to an inbred with the corporate culture, wink and nod plea and fine scheme in collusion with BP, Transocean, Halliburton and/or their powerful lobbyists. You know, criminal prosecution of the truly criminally negligent actors and authorities. The ones making the imminently foreseeable, cold, craven and disastrous decisions precipitating the needless death of eleven souls and the biggest environmental disaster in the history of the United States. Not the kind of cozy package deal the US government is known for giving BP when they have wreaked wholesale death and environmental destruction.

I do not presume to speak for the Deepwater deceased and their survivors; but I find it hard to believe they would not rather the President and American government show they will no longer accept the absent regulatory effort, coddling of profit before morals corporate greed, and “looking forward” blind ignorance of accountability for dereliction and destruction of the ethos we should, and claim to, stand for. The dead and their relatives are entitled to better than is given the latest basketball team to win a championship.

Mr. Obama, show the victims of the negligent homicide at Deepwater Horizon you have something more than meager food for souls forgot.

[Graphic from Rachel Maddow Show via Jalopnik]

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George Will Goes Bipolar Over Brown

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What can brown do for you? If you are George Will, apparently only mow the yard or fill the water glass at the local stick in your butt snob steakhouse. In the latest condescending pile of rancid, rambling garbage by Will, set for tomorrow’s Washington Post, Will defecates on about everybody he can find over the immigration law fiasco in Arizona:

“Misguided and irresponsible” is how Arizona’s new law pertaining to illegal immigration is characterized by House Speaker Nancy Pelosi. She represents San Francisco, which calls itself a “sanctuary city,” an exercise in exhibitionism that means it will be essentially uncooperative regarding enforcement of immigration laws. Yet as many states go to court to challenge the constitutionality of the federal mandate to buy health insurance, scandalized liberals invoke 19th-century specters of “nullification” and “interposition,” anarchy and disunion. Strange.

Uh, hey George, in the first place Pelosi is right, and your discreetly veiled misogynistic demeaning of her, and offensive put down of her hometown of San Francisco, are intellectually impertinent and scurrilous. The rest of the paragraph is such a non-sequitur you have to wonder about the stability of the mind authoring it.

Arizona’s law makes what is already a federal offense — being in the country illegally — a state offense. Some critics seem not to understand Arizona’s right to assert concurrent jurisdiction. The Mexican American Legal Defense and Education Fund attacks Gov. Jan Brewer’s character and motives, saying she “caved to the radical fringe.” This poses a semantic puzzle: Can the large majority of Arizonans who support the law be a “fringe” of their state?

“Some critics”, namely George Fucking Will (that is what the “F” stands for, right?) do not seem to understand the concept of Federal preemption. Maybe Will is one of those conservative headcases who consider the Tenth Amendment the most supreme law of the land; but it is not, and there is a reason serious minds term such morons “Tenthers” in the same vein as the nutjob Birthers. Clearly George Will would not know a proper legal argument of “concurrent jurisdiction” if it hit him in the ass. The rest of that paragraph is gibberish unworthy of a grade school response.

Popularity makes no law invulnerable to invalidation. Americans accept judicial supervision of their democracy — judicial review of popular but possibly unconstitutional statutes — because they know that if the Constitution is truly to constitute the nation, it must trump some majority preferences. The Constitution, the Supreme Court has said, puts certain things “beyond the reach of majorities.”

What? This paragraph makes Charles Cheswick and Billy Bibbit in One Flew Over The Cuckoo’s Nest look sane. You have got to be kidding me. The link is to the Cliff’s Notes, because it appears George Will Is not familiar with the great American novel.

But Arizona’s statute is not presumptively unconstitutional merely because it says that police officers are required to try to make “a reasonable attempt” to determine the status of a person “where reasonable suspicion exists” that the person is here illegally. The fact that the meaning of “reasonable” will not be obvious in many contexts does not make the law obviously Read more →

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Bob Lutz Hangs Up On Ed Whitacre’s GM

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The inevitable has been announced; Bob Lutz is leaving Ed Whitacre’s new General Motors. From the New York Times:

Vice Chairman Bob Lutz will retire from the automaker effective May 1, people briefed on the plans said on Wednesday.

Lutz, 78, had been serving as a senior adviser to GM Chairman and Chief Executive Ed Whitacre after shelving retirement plans to take charge of the automaker’s marketing after it emerged from bankruptcy in July 2009.
….
The announcement comes a day after GM shook up its sales and marketing operations in its home market for the third time in five months.

Lutz was charged with overhauling GM’s marketing efforts under former CEO Fritz Henderson, but he appeared to have been sidelined by Whitacre, a former AT&T executive brought in by the Obama administration.

In late February, Whitacre named Stephen Girsky, a former investment banker, as special adviser and vice chairman in charge of corporate strategy, a move that raised questions about the tenure and role of Lutz.

And it really was inevitable. Last December when Fritz Henderson was unceremoniously dumped in a midnight putsch by Ed Whitacre, the former corporate phone boy from AT&T, we had some things to say here. Marcy, noting Whitacre’s professed desire to ram products to market quicker – to do everything quicker – observed:

Now maybe it would be possible to bring out new products more quickly. Maybe there is merit to disrupting the very complex model year and product cycle schedules that every car company relies on to manage new product introductions.

But I worry that this push to introduce products more quickly will come at a price–the price of doing it right, both from an engineering perspective (you don’t want the Cruze to come out with all sorts of recalls, after all) and from a marketing perspective (if you introduce a product but don’t have the marketing budget to support it, it’s not going to do much good).

And I commented that the Whitacre putsch had other consequences too:

There is one other consideration. With Fritz gone, the only marketable face GM has left to the actual auto people is Bob Lutz, and he will bolt in a heartbeat if he thinks the wrong car decisions are being made. Lutz is very comfortable with the big money wheeler dealers, but he is, first and foremost, a car guy all the way. And he does not need the money or grief. If they were to lose Lutz in any short order in addition to Henderson, they will have a potential real mess.

Well it turns out the thoughts may have been prescient. And make no mistake, Lutz is in fine health and as active and ornery as ever; he is leaving because Read more →

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