Wednesday, May 06, 2009

Does hate-crime bill create double jeopardy? Latest right-wing meme as hollow as the rest





[H/t Heather]

-- by Dave

Most of the debate from Republicans regarding the hate-crimes bill that just passed the House -- titled the Local Law Enforcement Hate Crimes Prevention Act of 2009 -- has been of the immensely silly variety that's easily exposed as the thinly built strawmen they are.

Jon Stewart had some fun last night with some of the nonsense we heard in the House as the bill progressed through that chamber. My favorite is Rep. Steve King's claim that the only reason gays get assaulted is that they flaunt their sexuality, and if they'd stop doing that, this would just go away. Reality: Gay-bashing bias crimes are often inflicted on straight people mistaken for being gay. These in fact are nonetheless bias crimes intended to terrorize a target community of gays generally, and should be (and often are) prosecuted as such.

However, David Fredosso at National Review has raised something of a fresh objection, to wit, that the new federal law’s provisions raise the specter of double jeopardy:

People usually think of hate-crimes bills as sentence-enhancers – and indeed, many state hate-crime laws take that format. The Shepard bill does not. In addition to providing financial help for local prosecutors for hate crimes, it creates a new federal charge, with a ten-year prison sentence, that can be used against those who commit “crimes of violence” with firearms or explosives, or which cause serious bodily harm, motivated by hatred toward certain groups.

Among other things, the bill permits the U.S. Attorney General to initiate federal hate-crime prosecution in cases where “the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence.”

If someone is acquitted of an alleged hate crime at the state level, this bill allows federal prosecutors to haul him into federal court for the same alleged act, based only on evidence that “hate” motivated the crime that the jury says the defendant didn't commit. This makes use of a loophole in the constitutional protection from double jeopardy.


This struck me immediately as specious -– my understanding of these things, such as it is, is that the federal charges would have to undergo a strict review from the Justice Department regarding double jeopardy, states rights, and free-speech issues before proceeding. That's contained within the language of the bill:


‘(b) Certification Requirement- No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that--

‘(1) such certifying individual has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and

‘(2) such certifying individual has consulted with State or local law enforcement officials regarding the prosecution and determined that--

‘(A) the State does not have jurisdiction or does not intend to exercise jurisdiction;

‘(B) the State has requested that the Federal Government assume jurisdiction;

‘(C) the State does not object to the Federal Government assuming jurisdiction; or

‘(D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence.


The problem of dual prosecutions that Fredosso raises, in fact, has been around since the days when Al Capone was able to buy off local judges in Chicago, and in my understand was dealt with long ago. So immediately I suspected there was a problem with his analysis.

However, not being an actual lawyer, I thought I would ask one. So I went straight to the top, to the most authoritative voice on this issue I know: Frederick Lawrence, Dean of the George Washington University Law School and one of the nation's foremost authorities on bias-crime laws.

Here's his response:

David:

Good to hear from you. Two things --

First, the procedural protections you outline along with internal DOJ policy on dual prosecutions provides much protection against abuse here.

Second, there is no constitutional problem here. There is something called the "dual sovereignty doctrine" which permits state and federal prosecutions for the same crime without any issue of double jeopardy as a constitutional matter. This is true generally -- narcotics cases, organized crime cases, official corruption cases, etc. It is precisely to avoid the potential abuse of this constitutional permission that DOJ has its own strict guidelines, limiting their actual use of this authority. Simply put, this is an issue, but not a new issue, and not a hate crimes or a civil rights issue. It is a general criminal law issue under our federal system of government and it is one that has been satisfactorily addressed for decades in practice and policy.

I hope that this useful. Let me know if I can help further.

Best regards,

Fred Lawrence


Hopefully, the "double jeopardy" objection has now being laid to rest, too.

On the other hand, considering the extended half-life enjoyed by the rest of the right-wing Zombie Lies about hate crimes, I'm not holding my breath.

Cross-posted at Crooks and Liars.

Tuesday, May 05, 2009

Republican Agonistes: GOP wrestles with the toxic embrace of its wingnut base





-- by Dave

Republicans were out this weekend in force, holding town-hall meetings designed to "reconnect" with constituents -- and demonstrating in the process that they remain as clueless as ever.

As it happens, there was also an interesting Rasmussen poll showing that those constituents basically despise them:

Just 21% of GOP voters believe Republicans in Congress have done a good job representing their own party’s values, according to a new Rasmussen Reports national telephone survey.

Sixty-nine percent (69%) say congressional Republicans have lost touch with GOP voters throughout the nation. These findings are virtually unchanged from a survey just after Election Day.

Among all voters, 73% say Republicans in Congress have lost touch with the GOP base.

Seventy-two percent (72%) of Republicans say it is more important for the GOP to stand for what it believes in than for the party to work with President Obama. Twenty-two percent (22%) want their party to work with the President more.


In other words, the Republican base, by a large margin, is unhappy with their party's political leadership for not being right-wing enough. And that happens to comport with what their real leadership, aka the Right-Wing Punditocracy, has been saying.

Unfortunately for Republicans, the electorate at large has a distinctly different outlook. They strongly want Republicans to cooperate with President Obama, and strongly believe they are not making a good-faith effort to do so, either. Republicans want to fight, but this not a fight Republicans are winning:

A new CNN/Opinion Research Corp. poll shows that the president has a 63 percent favorability rating. But 31 percent of Americans approve of how congressional Republicans have conducted themselves, a dropoff of 13 percentage points from February when the same question was asked.

Here's the standard GOP analysis of the problem:
Shortly after the November elections, Republicans en masse began to acknowledge that the party had lost its way on the issue of fiscal discipline during the Bush administration. Their vote against the stimulus bill was the first real test for Republicans to exercise their frustration with what they describe as excessive federal spending. And they're shaping a message around this theme.

"We are united," said Rep. Pete Sessions of Texas, chairman of the National Republican Congressional Committee. "The debt of this country is a national crisis and a national security issue."


The problem with this is that Republicans seem to believe that it was simply George W. Bush's profligate ways with the budget that caused the economic disaster we currently are confronting. And that's part of the picture, to be sure. But only a small part.

The cold reality is that, as we explained after the election, the economic turmoil was created by a broad swath of Bush policies that, in every respect, were clear products of conservative fiscal and governmental philosophy:

The swirling global economic crisis produced by Republican rule is only the most prominent debacle produced by eight years of conservative philosophy being put into action. Conservatives never met a deregulation scheme they didn't like -- and it was that very mania for breaking down well-established institutional barriers, particularly in the financial sector, that led to the housing bubble and the collapse on Wall Street. Certainly, Democrats played along, often eagerly -- but they were being conservative when they did.

No doubt the solutions to the economic crisis will entail re-regulating the financial sector and imposing strict government oversight. And when they do, no doubt conservatives will accuse Democrats of indulging "socialism". But it is to laugh: the right has earned all the credibility of Joe the Plumber on such matters.

Especially when you consider all the other fruits of conservative governance:


  • Foreign-policy debacles in Iraq and Afghanistan.

  • A government that invades nations under false pretenses.

  • A nation less secure and at greater risk of terrorist attacks than ever.

  • A sinking economy.

  • An expanding gap between rich and poor.

  • Utter inaction on global warming.

  • $5-a-gallon gasoline.

  • An unresolved immigration problem.

  • An incapacity to deal with natural disasters like Hurricane Katrina.

  • A debacle in public-school education testing and funding.

  • Declining food and consumer-product safety standards.

  • A government that spies on its own citizens.

  • A government that tortures prisoners held in their detention facilities.



These messes weren't the result of George W. Bush being too liberal and straying too far from the movement's party line. To the contrary -- they're the direct result of him toeing that line to the millimeter. They are all the direct product of the conservative philosophy of governance.


So it's not surprising that the public now believes more in liberal solutions than conservative ones:

The survey found the public holds greater confidence in Democrats than in Republicans in handling most of the issues that are involved in Obama's legislative agenda.

Democrats were favored by a margin of 61 percent to 29 percent on education; 59 percent to 30 percent on health care and 59 percent to 31 percent on energy. Congress is expected to consider major legislation later this year in all three areas.

Democats were also viewed with more confidence in handling taxes, long a Republican strong suit. The only issue among nine in the survey where the two parties were rated as even was in the war on terror.


Conservatives had their shot and blew it -- and it goes well beyond George W. Bush's budget failures.

Cross-posted at Crooks and Liars.

Monday, May 04, 2009

A jury's hate-crime verdict in rural Pennsylvania reinforces the racial divide





-- by Dave

You don't have to have been from rural Pennsylvania to have been able to predict the outcome of this case:

Some satisfied, others outraged with verdict for immigrant's death


Friends and relatives of two teens accused in the beating death of a Mexican immigrant struggled to contain their relief as not-guilty verdicts were announced on the most serious charges against the former high school football stars Friday.

Gasps filled the courtroom and some had to be restrained by sheriff's deputies as they tried to rush the defense table after Derrick Donchak, 19, and Brandon Piekarsky, 17, were acquitted of aggravated assault, reckless endangerment and ethnic intimidation for the death of Luis Ramirez.

Piekarsky was also found not guilty of third-degree murder for the death of Ramirez, who died of blunt force injuries after an encounter with the teens last summer.

As Avery Friedman argues persuasively in the video from CNN yesterday, this was a pretty clear-cut case of jury nullification: the weight of evidence against the accused was so powerful that it's clear the all-white jury -- like similar juries in the South during the Civil Rights struggle -- was not going to convict two young white men of murdering a Mexican. Even if, as Friedman says, "the only reason he is dead is because he was Mexican."

Prosecutors alleged that the teens baited the Ramirez into a fight with racial epithets, provoking an exchange of punches and kicks that ended with Ramirez convulsing in the street, foaming from the mouth. He died two days later in a hospital.

Piekarsky was accused of delivering a fatal kick to Ramirez's head after he was knocked to the ground.

As they poured out of courthouse, the teens' supporters shouted "I was right from the start" and "I'm glad the jury listened" at cameras that caught the late-night verdict.

But Gladys Limon, a spokeswoman for the Mexican-American Legal Defense and Education Fund, said the jury had sent a troubling message.

"The jurors here [are] sending the message that you can brutally beat a person, without regard to their life, and get away with it, continue with your life uninterrupted," she said.

Considering some of the details of the killing, it's also inordinately clear this was a classic bias crime, with the incident instigated by racially charged taunts that made clear the victim was selected because of racial animus:

"Isn't it a little late for you guys to be out?" the boys said, according to court documents. "Get your Mexican boyfriend out of here."

... Burke recalled hearing one final, ominous threat as the teens ran. "They yelled, 'You effin bitch, tell your effin Mexican friends get the eff out of Shenandoah or you're gonna be laying effin next to him,' " she said.


That is, of course, the entire purpose of bias crimes: To hold the victim up as an example: "You're next." The purpose is to terrorize the target community, to drive them out, eliminate them.

My second book, Death on the Fourth of July: The Story of a Killing, a Trial, and Hate Crime in America, was a study of hate crimes that focused on a single case that occurred in rural Washington state in the summer of 2000, but used it to springboard to an exploration of the rural dimensions of the problem in some depth.

Specifically, it examines why rural areas are more vulnerable to bias crimes than urban or suburban regions. And a lot of it has to do with entrenched attitudes about social roles in those areas, combined with a slowness to recognize the need to enforce bias-crimes laws that's acute in rural America.

An excerpt:


Towns like Ocean Shores, whose economic health is directly tied to the sense of welcome and well-being enjoyed by its visitors—including minorities from urban centers—can be badly harmed by a hate crime. Yet, perceptions notwithstanding, is Grays Harbor genuinely a racist place?

Probably not—at least, no more so than most other rural communities whose population historically have been homogenously white. Like nearly any small town in the Northwest—or any rural town in America, for that matter—the vast majority of the residents of Ocean Shores or Aberdeen are hard-working and well-meaning people who, beyond harboring the usual garden-variety racial stereotypes, are not racist or white supremacist in any serious way. They are usually disgusted by ideological racists and want nothing to do with them. And they are bewildered at suggestions they might be a haven for bigotry.

"Our police department received I don't know how many calls wanting to know if it was safe in Ocean Shores, is it a racist town?" says Carl Payne, who wound up taking the reins of the Ocean Shores Coalition, the group devoted to dealing with the town's unwanted new image. "They [police] didn't know it was a racist town."

"We aren't," insists Joan Payne, his wife, and executive director of the city's Chamber of Commerce. "We aren't a racist community. We have young people who were looking for trouble. And . . . it found them."

But like most rural communities, the evidence of racist activity is not completely absent, at least in Grays Harbor County and the surrounding area. There is at least one proclaimed skinhead in Aberdeen who proselytizes among the local disaffected teens, though to little effect. A year before the July Fourth incident in Ocean Shores, at a retreat outside the town of Frances—about thirty miles south—a major Christian Identity gathering of about one hundred people was quietly held, with only local law enforcement aware of its presence. And in just the month before Minh Hong's trial, the nearby town of Elma was plastered with neo-Nazi fliers promising a parade down Main Street on New Year’s Day. ...

Idiosyncratic events like that are one thing. However, it is hard not to find a broader undertow of bigotry that usually lingers in the quiet places of rural communities like Grays Harbor. The few minorities who live there will tell you, privately, that racism in the town can be “bad,” and even non-minorities see the signs. At times, the air in the local coffee shop wafts with smoke and complaints about “those damned Koreans” or “the stinking Mexicans” who have become the area’s most visible minorities. Or a well-liked neighbor who’s active in civic-minded organizations will, given the right turn in the conversation, suddenly spew a string of racist obscenities that surprise even his friends.

The response to these episodes is universal: simple silence. After all, there is a mantra common to all rural communities: “This is a nice town.” People are nice to each other. If someone wants to be a racist, well, most people won’t encourage them, but they won’t speak out against it, either. They might even laugh at their nigger jokes just to go along.

Grays Harbor County is confronting a change that many other rural districts in America face: an influx of new, nonwhite faces. The bulk of these are Latino, who in the 1990 Census numbered only 1,173, or only 1.8 percent of the population, but by 2000 had grown to represent 4.8 percent of the population with 3,258 residents. (The county, which includes the Quinault Indian Reservation, has for years had a steady population of about 5 percent Native Americans.) More Asians, too, are moving in (they now constitute 1.2 percent of the population, up slightly from 2000), many of them taking over high-profile businesses like restaurants and convenience stores.

This demographic change is happening broadly across rural America, particularly in the Midwest. As a report from the Department of Agriculture's Economic Research Service points out:

Hispanics are the fastest-growing segment of the American population, and this growth is especially striking in rural America. The 2000 census shows that Hispanics accounted for only 5.5 percent of the Nation's nonmetro population, but 25 percent of nonmetro population growth during the 1990s. Many counties throughout the Midwest and Great Plains would have lost population without recent Hispanic population growth. Among nonmetro counties with high Hispanic population growth in the 1990s, the Hispanic growth rate exceeded 150 percent, compared with an average growth rate of 14 percent for non-Hispanics. Moreover, Hispanics are no longer concentrated in Texas, California, and other Southwestern States—today nearly half of all nonmetro Hispanics live outside the Southwest.


These kinds of demographic shifts, as it happens, often become the primary breeding grounds for hate crimes—even in decidedly non-rural settings. A study published by Donald Green in 1998 focused on New York City, and it found that demographic change in 140 community districts of the city between 1980 and 1990 predicted the incidence of hate crimes. The balance of whites and whatever the target group happened to be in a given community district was an important factor, but the rate at which that balance changed was perhaps even more significant. The most common statistical recipe was an area that was almost purely white in the past which experiences the sudden and noticeable immigration of some other group.

In the case of New York, what occurred was a rapid inmigration of three groups: Asians, Latinos and blacks, though in the latter case the migration was often a response to the other groups' arrival; blacks were in some ways moved around, or their neighborhood boundaries changed. A number of previously white areas—Bensonhurst being the classic case, or Howard Beach—experienced a rapid inmigration of various nonwhite groups. What was particularly revealing about the hate-crime pattern was that the crimes reflected the targets who were actually moving in—that is, they revealed that this was not a kind of generalized hatred. Where Asians moved in, the researchers found a surge in anti-Asian hate crimes, and likewise with Latinos or blacks. Bias crime has more of a kind of reality-based component, at least in the aggregate, than is implicated by those psychological theories that suggest that there only exists a generalized sense of intolerance on the part of those who practice extreme forms of bigotry.

In a later study, Green found this trend replicated itself elsewhere—namely, in Germany after the fall of the Iron Curtain in the late 1980s. In that case, there was rapid inmigration of immigrants into formerly homogeneous eastern Germany, which replicated the conditions in New York as the perfect recipe for bias crime. And indeed, there was a huge surge in hate crimes, which only slowed when the flow of immigrants was halted in the summer of 1993.

"Thinking about the kind of spatial and temporal dimensions of hate crime is a start in the right direction," says Green. "What it helps to think about is the difference between the static and the dynamic dimensions of this problem. People talk about the problem of hate crime being hate—of course, it is a problem, but hate isn't necessarily rising or falling in the society as a whole. What's changing is your proximity to people that you find onerous. And also your ability to organize or to take action against them.

"There are two hypotheses about why it is that hate crimes subside when demographic change runs its course. One hypothesis is that the haters either accept the fact changes occur to them or they move away. Another hypothesis is that nobody really changes their attitude, it's just that the capacity to organize against some outsider—meeting at the back fence and conspiring against somebody—no longer becomes possible when one of your back-fence neighbors is now no longer part of the old nostalgic group."

Green says that both suburbs and rural areas are the next frontiers for hate crimes, partly because the demographic change is beginning to hit there now, "and they will lack the political will to deal with it."

... Most significantly, this phenomenon in fact reflects the perceptions many minorities have of small, rural towns: that they are not safe for people of color or for gays. That if trouble were to erupt, there would be no one to help them, and law enforcement officers would be unsympathetic. That if someone were to commit a hate crime against them, there is a not unreasonable likelihood the perpetrator would get away with it.

The fear and suspicion with which rural denizens regard cities and their dwellers is a well-established American archetype. What is often less observed, but is equally true, is the sheer dread that rural America raises in the minds of those minorities whose populations are largely centered in urban areas. When they leave their familiar surroundings for the so-called heartland—where some 83 percent of the population nationally is white—it is often with real fear about what might befall them.

It is a mistrust bred partly of myth and partly of reality. Its consequences, whatever its cause, are profound on a broad scale, because its chief effect is to widen the already formidable cultural gap between white America and the rest of us.


This case certainly underscores the need for a federal bias-crime law. Now that it's passed the House, it's time to get the Local Law Enforcement Hate Crimes Prevention Act passed in the Senate and sent to President Obama's desk.

Cross-posted at Crooks and Liars.

Sunday, May 03, 2009

Why Virginia Foxx's non-apology for smearing Matthew Shepard isn't enough





-- by Dave

First Rep. Virginia Foxx called Matthew Shepard's murder a 'hoax'. Then, she turned around and issued a non-apology apology:

I am especially sorry if his grieving family was offended by my statement. I was referring to a 2004 ABC News 20/20 report on Mr. Shepard's death. ABC's 20/20 report questioned the motivation of those responsible for his death. Referencing this media account may have been a mistake, but it was a mistake based on what I believed were reliable accounts.


But it wasn't a reliable account -- a fact that is obviously not well enough known, but still isn't any kind of excuse for uttering that kind of smear. And that's the problem. She spread a lie, a harmful, ugly lie, about Matt Shepard on the floor of the Congress, and she has never made plain to the public that it was a lie.

So you can't really blame Judy Shepard, Matthew's mother, for declining to accept: "She's apologizing for semantics."

Yesterday she tried again, and failed just as miserably to actually own up to the problem:

“In the heat of trying to handle the rule on the floor, anybody can use a bad choice of words. Saying that the event was a hoax was a poor choice of words,” Foxx said. “I’ve apologized for that. I never meant in any way to harm the family or offend the family or anybody else for that matter.”

“The term ‘hoax’ was a poor choice of words used in the discussion of the hate-crimes bill,” Foxx said in a statement. “Mr. Shepard’s death was nothing less than a tragedy, and those responsible for his death certainly deserved the punishment they received.”


As David Badash at the New Civil Rights Movement acutely observes:

Foxx’s newest “apology” demonstrates her lack of understanding of the basic issue confronting her: She lied about why Matthew Shepard was killed, and maligned the memory of a 21 year-old college student who, to the world, has become the face of a hate crime victim.

... One non-apology is bad, two demonstrates not only a lack of remorse or decency, but a total lack of understanding of the important and sensitive issues that confront our country.


You see, that ABC News report, by Elizabeth Vargas, was debunked at the time as a journalistic atrocity:

[T]he entire thrust of ABC's "revelations" -- that it was all a drug binge, not a hate crime -- reveals how little the reporters who worked on this understand not just bias crimes but criminal law generally. One factor, such as drug use, does not cancel out another, such as a bias motive. They often in fact appear together and work in conjunction.

There's an even more significant problem with the 20/20 report, however: It is signficantly factually flawed.

The flaw is not so much in what it reports, but what it intentionally omits.

...[T]he 20/20 report substantially omits evidence that was produced at the time establishing McKinney's bias motivation. And indeed, McKinney not only did not deny the existence of this bias, he positively embraced it at trial by attempting a "gay panic" defense.

Incidentally, Fritzen was not the lead investigator in the case. That honor went to a fellow named Rob DeBree. And DeBree has significantly repudiated the "crystal meth" theory.

Here's what he told Beth Loffreda, author of Losing Matt Shepard: Life and Politics in the Aftermath of an Anti-Gay Murder, regarding the attempt by McKinney's defense team to paint him as being under the influence of crystal meth:

Rob DeBree too was unimpressed by the argument -- he told me quite forcefully that the murder didn't look like any meth crime he knew.

In his confession to DeBree, McKinney had denied using meth the day of the murder, and while McKinney had been arrested too late for the police to confirm this through blood testing, DeBree felt certain that for once he had told the truth. Obviously it's unsurprising that the lead investigator would disagree with the defense, but DeBree had some compelling reasons on his side. "There's no way" it was a meth crime, DeBree argued, still passionate about the issue when I met him nearly six months after the trial had ended. No evidence of recent drug use was "found in the search of their residences. There was no evidence in the truck. From everything we were able to investigate, the last time they would have done meth would have been up to two to three weeks previous to that night. What the defense attempted to do was a bluff." ...



There are other serious problems with the report. It omits the fact that McKinney has now changed his story at least three times, and probably more, raising serious doubts about his credibility anyway. It also omits the fact that other detectives in the case testified at trial that the victim was selected for violence, and was beaten especially severely, because he was gay. Their testimony was based on their actual conversations with McKinney and Henderson.

And the piece's later attempts to defend McKinney by tainting Shepard's reputation (claiming he also was a crystal-meth user) should be beneath even the lowliest cops-and-courts reporter, let alone a national news organization. Even if true, whatever Shepard's habits, he did not deserve to die for them.


Nonetheless, as Foxx's remarks suggest -- and as posts from the right-wing blogosphere amply demonstrate -- the belief that the 20/20 report was anything remotely accurate or even a worthwhile piece of journalism has lingered as conventional wisdom on the right. As I recently noted, even Andrew Sullivan and Andrew Breitbart have been known to cough that hairball up in our laps too.

Cross-posted at Crooks and Liars.

Friday, May 01, 2009

MSU #0001: No First Amendment In Canada


-- by Sara

This is the first in what promises to be an interminable series of "Making Shit Up" mythbusting posts. (Note the serial number. Four digits may not be enough, but here's hoping.)

It was prompted by Dave's new post just below, in which Newt Gingrich declares that we don't have a First Amendment up here in Canada.

Let me quote you from the very first provision of Canada's exhaustive Charter of Rights and Freedoms:
2. Everyone has the following fundamental freedoms:
a) freedom of conscience and religion;
b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
c) freedom of peaceful assembly; and
d) freedom of association.
Sure looks like a First Amendment in American sense to me. And note that the first article of the Charter is the introduction; so this is the very first right guaranteed by the Canadian constitution -- just as it is in the US.

And therefore Newt is, unequivocally, Making Shit Up. His claim is absolutely, factually false. 

----------------

And while we're reading the Canadian Charter of Rights, let me digress. Here's the one that fogs me up every time I read it:
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Damn it, there I go again. (Get me a tissue, will you?) It absolutely cuts me to the core every time I read those words, and realize that my new country grants me equality under the law that America had not yet seen fit to offer its own women. 

I had to move away to another country to in order to have my rights protected under law. It's a wrongness I once worked very hard to correct, but which may not be corrected even in my own lifetime. 

O Canada. With glowing hearts, & etc.


Hate-crimes bill's passage in House gets the right-wing lie machine whirling





-- by Dave

The nation's first real federal bias-crimes statute -- the Local Law Enforcement Hate Crimes Prevention Act -- just passed the House Wednesday, and is now on its way to the Senate:

On a vote of 249-175, the House passed and sent to the Senate a bill backed by the new Democratic White House to broaden such laws by classifying as "hate crimes" those attacks based on a victim's sexual orientation, gender identity or mental or physical disability.

The current law, enacted four decades ago, limits federal jurisdiction over hate crimes to assaults based on race, color, religion or national origin.

The bill would lift a requirement that a victim had to be attacked while engaged in a federally protected activity, like attending school, for it to be a federal hate crime.


As Ali Frick at Think Progress says, the religious right is freaking out because hate-crimes legislation has been one of their cornerstone bugaboos of the past decade, and it's about to slip out of their grasp after all these years.

That means, of course, the flagrant lies are starting to fly. Like Virginia Foxx's little "slip" in calling Matthew Shepard's murder a "hoax."

Time to call in the veteran liars, obviously. So who should we see shopping the right's favorite falsehoods about the hate-crimes bill on the teevee but the ole Newtster himself. Gingrich appeared yesterday on CSPAN's Washington Journal, flagrantly lying about the nature of the bill:

Let me share part of what I think concerns reasonable people who look at that kind of legislation. In Sweden today, it is illegal to quote from certain parts of the Bible. Literally illegal. So pastors can get put in jail for quoting from the Bible. On some college campuses, thought, you know, regulations have said to students you can’t think out loud whatever you want to say. The act of thinking it becomes a crime, the act of saying it. It’s very dangerous to go down a road that says you can’t have an honest debate about an issue, because we have now decided we’re protecting one group of people.

[Gingrich then goes on to describe the free-speech horrors in Europe and Canada because they don't have a First Amendment.]

... So I think that’s why you see people who are really worried by George Orwell’s 1984, and the very real danger that as the state starts to regulate what you are allowed to say, suddenly you could find yourself literally censored or in danger of going to jail, if you said the politically incorrect thing.


This is the No. 1 charge against the LLEHCPA: That it somehow institutes "thought crimes" or criminalizes "hate speech." It is, of course, a complete fabrication.

After all, you only need read the bill's text, where it's spelled out explicitly:


(d) Rule of Evidence- In a prosecution for an offense under this section, evidence of expression or associations of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing impeachment of a witness.’.

SEC. 8. RULE OF CONSTRUCTION.

Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the Constitution.


Earlier this week, I was on a conference call with a number of groups involved in helping give this legislation its final historic push. Among them was Caroline Frederickson, Director of the ACLU's Legislative Office, who had this to say:

I am here really to address the claims by some opponents of the bill that this bill would chill free speech and chill free association. Well, we strongly disagree with that. This bill has a provision, that has been in it since 2005, that has enabled the ACLU to support this legislation, because it does protect both civil rights and free speech and association. The bill specifically blocks evidence of speech and association that are not directly related to the crime.

That means that anyone saying we have unleashed the thought police, or thought crimes, is wrong.

... This bill will have the strongest protection against the misuse of a person’s free speech that Congress has enacted in the entire federal criminal code.


Yet everywhere you turn, right-wingers' eyes are spinning in their heads at the looming prospect of the Obama Thought Police:

"In and of itself this law can be applied to speech. The nature of assault -- putting someone in fear of their safety -- what will that mean for someone preaching against homosexuality?" said Mathew Staver, founder of the Liberty Council, a law firm that works on religious freedom cases.

"It elevates homosexuality to the same protective category as race. It's all part of the radical homosexual anarchist agenda," Staver said.



Similarly, Tony Perkins of the Family Research Council was lauding Foxx for her false-witness-bearing rant about Matthew Shepard, because to the FRC, this legislation is all about "Censoring the Church and Silencing Christians."

Frick and the Think Progress crew put together a video of some of the prime moments in the House debate:




REP MICHELE BACHMANN (R-MN): I feel that this hate crime legislation could be considered the very definition of tyranny.

REP. GRESHMAN BARRET (R-SC): This bill would inhibit religious freedom in our society -- a scary thought.

REP. LOUIE GOHMERT (R-TX): You think a pregnant mother does not deserve the protection of a homosexual? You think a military member doesn't deserve the protection of a transvestite?

REP. STEVE KING (R-IA): I, Mr. Speaker, oppose and I defy the logic of the people that would advocate for such legislation the very idea we could divine what goes on in the heads of people when they commit crimes.



I wonder where these folks will get their meal tickets from after all the scary bills that they used to gin up the conservative donors for cash infusions with have all been passed by those scary Obama Democrats.

Cross-posted at Crooks and Liars.

Gun-toting hatemongers: They're ba-a-a-a-a-a-ack





One of the main takeaways from the phony controversy over the DHS' bulletin on right-wing extremism was the self-revealing way that mainstream conservatives attempted to obliterate from public view the very real existence of the ongoing threat to their well-being from right-wing extremists.

Why the frantic effort to obscure this reality? Because they know the ideological and associative distance between far-right extremists and mainstream conservatives has shrunk dramatically over the past 10 years. They dread the consequences of what will happen when the real ugliness starts to break out.

The Ugly Storm has been gathering for awhile. We've been reporting regularly on the increasing activities of far-right extremists, particularly the anti-Obama racism rampant throughout much of this contingent. Of course, it doesn't help when mainstream conservative media are fanning those flames, either. And it seems like it's getting close to an outright explosion.

My friend Max Blumenthal went to a gun show in California and emerged with the above video and the following report:

Fueled by the screeds of radio hosts Michael Savage, Glenn Beck, and the lesser-known but increasingly influential online conspiracist Alex Jones, many gun-show attendees I spoke to were convinced Obama planned to usher in a Marxist dictatorship. They warned that the president’s power grab would only begin with mass gun seizures. “If Obama takes away our guns,” a young, .45 pistol-toting man from Reno told me, “it’s just a step into trying to take away everything else.”

Indeed, in their minds, average Americans opposed to the Obama agenda would be herded into FEMA-run concentration camps by a volunteer army of glassy-eyed liberal college graduates. “When they start imprisoning Americans, and people start seeing that we’re the enemy, then that’ll make it hot,” predicted one Antioch-based young man sporting a button for former Republican presidential candidate Rep. Ron Paul. “People talk about a revolution,” the young man continued, “an armed revolution. I think police crackdowns on individuals will tip the scales.”

More than a few gun dealers and attendees echoed the young man’s seeming enthusiasm for armed revolt. One Contra Costa, California-based gun dealer named Rich predicted during an otherwise casual off-camera conversation that “some nut” would assassinate Obama within one year of any Democratic attempt at gun-control legislation. While the prospect of organized right-wing violence against the federal government seems far-fetched at this point, the paranoid rhetoric I documented suggests the militia movement that organized against President Bill Clinton’s policies during the 1990s could experience a dramatic resurgence by mobilizing resentment against Obama.



The gun-show crowd is more the "Patriot" contingent of far-right extremism: obsessed with guns and conspiracy theories, yet capable of paranoid bursts of extreme violence by "lone wolf" actors.

Yet we're also seeing a similar upsurge in outright white-supremacist organizations. Newsweek also has a report on this trend from Eve Conant:

It's not about hate, it's about love. Love of white people. That's the message in songs, speeches and casual conversation during a weekend retreat in Zinc, Ark., sponsored by the Christian Revival Center and the Knights Party, an offshoot of the Ku Klux Klan. There's no overt threat of violence here. No cross burnings (or "lightings," as the KKK prefers to call them). The only fire at the grassy compound, located at the end of a long, rocky road circled by turkey vultures, is a bonfire for the Knights youth corps to roast their s'mores. The kids draw pictures of white-hooded Klanspeople and sing songs about the oppressed Aryan race; rousing sermons are read from Bibles decorated with Confederate flags. Aryan souvenirs are for sale, including baseball caps proclaiming IT'S LOVE, NOT HATE and advertising THE ORIGINAL BOYZ IN THE HOOD.

... The haters are doing their best, in other words, to move out from the fringe and toward the mainstream—and they're boasting some success.

Indoctrination often starts on the Internet. Some crazies posting on MySpace, for instance, have called for armed revolution; at least one has referred to Barack Obama as "a dead man." But many leaders of white-supremacist groups and Web forums are toning down their rhetoric. The aim is to attract the kind of person Robb describes as "the guy down the road who until now had his plasma TV and car in the garage, but just lost his job and won't find a new one because some illegal already has it."


Conant also explores where we're at in the far right's usual arc of flight:

The ADL's Mark Pitcavage says it is very difficult to track hate-group numbers because the organizations often splinter. What he tries to track is anger levels, and those, he warns, are rising—despite any superficial sweet talk: "The white-supremacist movement has been at red-hot anger levels for a long time. When I get concerned is when they get to white hot, where you see large bomb plots or talk about race wars. Right now we're at very red hot, and are concerned we might reach white hot again." He points to the MySpace account of "88Charles88" as an example of what he's seeing (88 is code for "Heil, Hitler" in the white-power world). "Charles" attacks Obama and says, "Now it's time to fight." "There is a lot of anger out there," says Pitcavage, "and these groups are trying to stoke it, to get someone like 88Charles88 to take the next step. What we're seeing is not a softening, but a hardening of attitude."

Pitcavage says current rhetoric resembles that of the early '90s (including conspiracy theories about FEMA concentration camps and gun confiscations), just before the outbreak of the white-militia movements. While some leaders of extremist groups may use softer recruiting tactics, "their membership is not toning down at all," says Pitcavage. For every NSM member, there is a nonaffiliated skinhead posting entries to hate blogs. If Stormfront has tried to tone down, that has only inspired a competing site—Vanguard—to showcase violent alternatives.

Some civil-rights activists are more worried about the racists they can't see than the showboaters trying to draw attention to themselves. "We're not going back to the '50s," says Mark Potok of the SPLC. "The country has moved forward in remarkable ways. But with that breakthrough comes something of a backlash." It's the loners, he says, who are most worrisome: "The lone-wolf idea is much scarier than the big-plot idea. Big plots don't succeed because these guys cannot keep their mouths shut."


Cross-posted at Crooks and Liars.

Thursday, April 30, 2009

The Far Right's First 100 Days: Shifting Into Overdrive

-- by Sara

Somewhere back in February, about three weeks into the Obama Administration, everybody on the left suddenly noticed that there was something different going on with the conservatives. The outrageous screeds and paranoid delusions sounded pretty much as they always had -- but there was a new fury behind them, a strident urgency that hadn't been there before, and a very audible shift of the gears in right-wing behavior and rhetoric. None of this came as a surprise to veteran right-wing watchers -- we'd been predicting a bad backlash since the 2006 election -- but three months into the new administration, it's increasingly hard to ignore the fact that this ominous new trend is taking on a momentum of its own. 

On April 7, the Department of Homeland Security ratified some of those observations. Fueled by bone-deep racism, an unnatural terror of liberal government, frustration over the economic downturn, and fears about America's loss of world standing, they said, the militant right wing is indeed rising again. Their numbers are up, their talk is turning ugly, and it's not unthinkable that we could be in for a wave of domestic terrorism unseen since the mid-90s. I've been meaning for a while to talk about what changed after the Inauguration, and why, and what it means to the country going forward. Our observance of the end of the First 100 Days seems to be a good time to do that. 

The DHS report laid out the history and the current drivers in straight factual terms, and made some safe predictions about what might make the situation worse. (Interestingly, the nightmare scenario for most right-wing watchers -- a white-hot backlash in the wake of another major terrorist attack -- appears nowhere in the DHS assessment. Perhaps they didn't want to put ideas into paranoid right-wing heads.) But the report stopped short of taking the next step. We need to look at what long experience has taught us about the past escalation patterns of right-wing rhetoric and violence, and figure out where we currently stand within those patterns. 

We actually know quite a bit about this. Most national agencies tasked with keeping tabs on political and religious extremist groups look for specific signs that help them sort out who's just talking the talk, and who's actually getting ready to walk the walk. The criteria vary from agency to agency; and our collective insight into these patterns changes and deepens every year. But there are some generally-accepted principles -- and applying them to the current state of conservatism gives a clearer view what's changed in the past 100 days, what the shift really means, and what could be coming next if the right keeps going down this road. 

I want to make it clear: the DHS report emphasizes that there's no specific evidence that any particular group is planning any particular action. At the same time, what's equally clear from the pattern analysis is that the upshift we heard was the right wing going into overdrive -- the speed at which talk about revolution (which has been going on for years, but intensified after 2006) accelerates into concrete preparation for action. Here's why.

* * *

Ready....

The far right wing has been laying the groundwork for violent action for decades. Long before they turn dangerous, political and religious groups take their first step down that road by adopting a worldview that justifies eventual violent action. The particulars of the narrative vary, but the basic themes are always the same. First: their story is apocalyptic, insisting that the end of the world as we've known it is near. Second: it divides the world into a Good-versus-Evil/Us-versus-Them dualism that encourages the group to interpret even small personal, social, or political events as major battles in a Great Cosmic Struggle -- a habit of mind that leads the group to demonize anyone who disagrees with them. This struggle also encourages members to invest everyday events with huge existential meaning, and as a result sometimes overreact wildly to very mundane stuff. 

Third: this split allows for a major retreat from consensus reality and the mainstream culture. The group rejects the idea that they share a common future with the rest of society, and curls up into its own insular worldview that's impervious to the outside culture's reasoning or facts. Fourth: insiders feel like they're a persecuted, prophetic elite who are being opposed by wicked, tyrannical forces. Left to fester, this paranoia will eventually drive the group to make concrete preparations for self-defense -- and perhaps go on the offense against their perceived persecutors. Fifth: communities following this logic will also advocate the elimination of their enemies by any means necessary, in order to purify the world for their ideology. 

All these ideas have been part of the discourse on the right for decades. You can trace their genesis all the way back to the 1950s, starting with the overheated apocalypticism of the anti-Communist movement. Over time, it came to include the dualism of the John Birch Society and assorted white supremacist groups; the persecution complex of Nixon and his Silent Majority followers; the anti-liberal eliminationism that's been gathering force for the past decade; and the war on evidence-based science and reason that's always been at the heart of conservative arguments. As J. Peter Scoblic argues in Us vs. Them, narratives that justify violence have always been deeply ingrained in the right-wing belief system. 

Since the Inauguration, all of these themes are being played far more loudly and openly. And somewhere between November 4 and this 100th day, the right wing has also begun to act on these beliefs in ways that push the whole process to the next level -- the level where thoughts and beliefs begin to crystallize into action.

* * *

Set...

What's different now? Plenty of things -- all of which, taken together, strongly suggest a group that's just about done talking, and is beginning to organize itself to act. First, there's been a shift in rhetoric. Over at Orcinus, Dave Neiwert and I have argued for years (with plenty of expert support from social psychologists) that strong words are often a thought rehearsal, a premonition of possible strong action to come. It's not that people always act on the rhetoric -- they don't. It's that when the actions do come, you find that there's usually been plenty of very hot rhetoric tossed around in the run-up, as people psych themselves up for battle. 

That's why agencies watching worrisome groups keep their ears open, and listen carefully for a specific shift in tone. A lot of groups seeking change establish the lines of conflict by constantly naming and accusing their enemies, and insisting on their essential evilness. This isn't great politics, but it's not usually a problem -- unless it moves to the next stage, where the group starts expressing a clear intention to eradicate those perceived enemies. This can be a signal that they've accepted the need for violent action in their own minds, and may be actively planning something. It's a shift that should never be ignored. 

When Sean Hannity runs a poll asking whether his viewers prefer a military coup, secession, or armed rebellion -- and armed rebellion wins -- that's evidence of this kind of shift. Right-wing talkers have built careers out of demonizing liberals; but when they start talking about what specific steps should be taken against them, that's not something we should ignore. 

Second, there's been a quantum leap in the sheer down-the-rabbit-hole surreality of their beliefs about the world. Bloggers have been pointing out for years that conservatives have zero compunction about Making Shit Up; but in the past, their prevarications were almost always built around a kernel of fact, wrapped in thick layers of distortion, misattribution, or lies of omission. What's new in the past 100 days is that we're now seeing stories that are just flat-out fabulation, without even so much as a nod to factual reality. They're not even bothering to try to attach these claims to any kind of truth. Their fantasies are so much truthier to them. 

Up is down. Black is white. Obama's not a citizen, he's going to take our guns, Congress is about to legalize incest....this we believe, and there's no expert and no amount of real-world evidence that can ever convince us otherwise. The right wing's retreat from consensus reality has finally left them living in an Orwellian alternative universe all their own. 

Third, they've been humiliated by their election losses. And that's hugely dangerous, because authoritarian leaders react uniquely badly to being humiliated. Experts tell us that their huge egos and insatiable need for control make them very brittle -- and that the shattering point is often a specific event that publicly repudiates their authority, or makes it obvious to the world and their followers that they are no longer in control. Decisively losing both the White House and the Congress has been all that, and then some. 

This overweening humiliation is growing every day that the Democrats and their new president stay in power. It's a pain that will not go away, and it's likely to curdle into something far more venomous in time. The result, unfortunately, is probably going to be more violent attacks on government authority like the one in Pittsburgh last month. 

Fourth, there's that new sense of urgency. Groups heading for violent confrontation are often pushed past the brink by the belief that the apocalypse is unfolding before their very eyes, and that they have no choice but to seize the moment and act. For many on the right, January 20 was the day the trumpet sounded. Obama's going to turn the country over to the Commies. He's going to take away your guns. He's going to open the borders, turn the country into a welfare state, and give all our tax money to lazy minorities. And it's no idle threat -- they're quite convinced that he's going to do all this any day now. This panic is new, and it's palpable. It's also worrisome, because these would-be revolutionaries have been preparing themselves for years for just this moment. 

Fifth, the demagogues have seized conservatism's center stage. Violent groups typically organize around a leader who promotes the apocalyptic visions, the dualism, the persecution complex, the eliminationist fantasies -- and the sense that True Patriots can no longer wait another minute to act. In some groups, this leader exerts total control over every aspect of their followers' lives, like Koresh and Jim Jones did. In others, the leader is simply a figurehead who puts the ideology out there, leaving the followers to figure out how to implement things on their own. (The followers also bear full responsibility for the results, leaving the leader relatively unscathed.) Osama bin Ladin runs his show this way. 

Either way, these leaders are invariably amoral, ego-driven high social-dominance men who gain power by hijacking their followers' moral systems. When they succeed -- which is to say, when they finally override the ethical ballast provided by tradition, customs, laws, and conscience to become the dominant moral authority in their followers' lives -- they can gain a stunning degree of influence, and lead people into doing things they'd never have considered on their own. 

The right wing has never been short of these guys. Still, in the past, the paranoid stylings of media ideologues like Rush Limbaugh and Glenn Beck were simply background ranting to the more reality-based lead vocal of the party's actual politicians. But now the election is over. The candidates have all gone home. And the GOP's party structure is in tatters. There are no credible political leaders left to drive the conservative conversation. That leaves a power vacuum on the front line that the right-wing hate talkers are now rushing forward to fill. 

When Rush Limbaugh is considered the GOP's spiritual leader and Glenn Beck is its leading prophet, the conservative movement's entire discourse is now driven by whatever outrageous rhetoric seems most likely to boost Fox's ratings. The moral hijacking of the movement has begun, and nobody should be surprised when these folks finally end up in the same moral abyss these kinds of leaders always bring their followers to. 

Sixth, they're putting themselves in direct opposition to state power -- and identifying that power as their primary enemy. All groups headed for a violent confrontation eventually come to believe that their enemies are somehow aligned with the government -- and the government is out to get them. Conservatives are coming up hard against this one now that they no longer control the government themselves. Back when they were gleefully dismantling the Constitution and building a surveillance state, it never occurred to them that they might someday be out of power. Now, of course, they're terrified to find all that unleashed, unaccountable power in the hands of Libruls and That Black Guy. 

Weirdly, they seem to have almost total amnesia about their role in all this. To hear them tell it, Barack Obama seized all this power for himself in just the past three months. Given that epic memory failure, there's not much hope that they'll draw the right lessons from this reversal. It's far more likely that their newfound terror of government power will lead them to resent -- and eventually overreact to -- even casual encounters with government authority. 

Seventh, they're arming up. Back in 2006, right-wing watchers warned that white supremacist groups were encouraging their members to join the military in order to get the weapons training they'll need to execute their racial holy war. And for the first time ever, the recruit-starved military wasn't doing much to cull them out. The DHS's concern about returning veterans was no doubt partly based on this recent history, which has given racist groups unprecedented access to propagandize troops at the front. 

At the same time, the past 100 days have seen record gun sales and nationwide ammo shortages as terrified conservatives buy up guns in anticipation of a total weapons ban. This seems like just another curious only-in-America news story -- until you realize that the far right is already sporting most of the earmarks of a group that's gearing up for violent action. Given the rest of the pattern, we should take this trend very, very seriously. 

Eighth, they're flexing their muscles. Groups who are flirting with terrorist action will usually start by experimenting with threats and petty violence. Learning that they can successfully intimidate others adds to the group's sense of invincibility, and teaches them the dangerous lesson that violence works. Both these discoveries increase the chances they'll resort to violence more quickly, and in greater magnitude, in the future. 

The Southern Poverty Law Center carefully tracks hate incidents around the country, and they've seen a significant uptick in violence and threats since the inauguration. While we can hope this will die down in time as people make their peace with the new status quo, we also need to be aware that there's a pattern where things go the other way -- that these events will embolden the right to commit bigger acts of thuggery, and organize on a broader scale for actual domestic terrorism. 

If our national terrorism watchers were tracking a religious or political group that had suddenly escalated on all eight of these fronts in a matter of three short months, they'd be seriously concerned. They'd be asking the question we need to ask: Now that we're here, what comes next?

* * *

...Go?

Let me start this last piece of the discussion with a warning. This isn't a prediction. It's just a description of how things typically play out when any authoritarian group arrives at the place where the American right now stands. If they keep going this way, this is where the road leads -- but the people now in that movement still have a choice about whether or not they're actually going to make the trip. If they do, here's what lies ahead: 

Further separation. One of the watershed moments in the development of a religious or political radical group is the day they decide to go upcountry, building some sort of secluded retreat or community away from the prying eyes of the authorities. The Aryan Nations, the Fundamentalist Mormons, Jim Jones....the list is long, because this is such a universal moment in the radicalization process. It's also the next place the gears shift. 

The American right is too big to just all go off into the woods together -- but they're obviously trying hard to retreat from the rest of us in other ways. The complete break with factual reality is one part of this. The growing talk of secession is another overt sign that they're desperately looking for someplace to escape to. 

Given that impulse, it's very likely that land is already being quietly bought up, and that some people are beginning to plan their moves to various locations around the country where they believe they'll be safer. It's not unreasonable to expect that over the next year or two, we'll start to hear about a new round of separatist compounds; and that a few states will become right-wing havens where secessionist talk will turn more serious. 

This is a dangerous development. Groups that try to separate always claim that they're retreating to "live in peace" -- but too often, peace is about the last thing that results from this. Goin' up to the country is an overt declaration that the group believes that the mainstream culture is "out to get us," and is now asserting its right to live outside the law. There's an unquestioned conviction that the outside world means them harm -- and that they must organize and arm themselves for the coming showdown. 

The isolation also allows high-dominance leaders to concentrate their power over group members, without any pesky social or legal recourse to fairness. Suspicion and dependency flourish. People learn that might makes right, and come to accept violence as a natural and proper way to deal with conflict. This is why law enforcement groups consider the moment of physical retreat as sort of Rubicon beyond which the likelihood of violence increases dramatically. We should be very concerned that the right wing seems determined to go there. 

Overt lawlessness. A group that is separated from society, living in its own world, telling itself stories that justify violence, gripped with paranoia, perfectly willing to engage in petty thuggery and intimidation, and armed to the teeth has pretty much everything required to turn into a first-rate criminal cartel. Members come to believe that they answer to a "higher law," and express that new-found "freedom" by overtly and deliberately defying laws passed by a government they don't respect as legitimate. 

At this point, it's common to see people who've never been in trouble with the law before suddenly coming into contact (and confrontation) with the authorities. Lawlessness is a sign of an increasingly open contempt for and defiance of the larger society -- and a hint that that the group is moving into the openly oppositional stance that precedes a large-scale attack or confrontation. 

Furthermore: once they get to where they're brazenly breaking laws, you can bet they're especially breaking weapons laws. Gathering guns and bomb-making materials is seen as necessary to either defend their home turf from their perceived enemies, or make offensive plans to eradicate those enemies. 

Picking fights with authorities. A decade ago, law enforcement and government officials too often blundered into bloody showdowns with radical groups because they simply didn't understand the central role they played as The Enemy in the group's unfolding eschatological drama. These days -- following several disastrous confrontations in the 1990s -- government officials are being trained to move slowly, to avoid backing would-be revolutionaries into humiliating corners, and to work within their worldview and belief structure wherever possible to defuse a possible confrontation. 

That's important, because a group that's gone all the way to the end of the road arrives at a place where it's armed, barricaded, mentally and physically prepared, and spoiling for a fight. From that point, any excuse -- a routine business inspection, a traffic stop, a custody hearing that didn't go the right way -- can become the catalyst that leads the group to take out after its government persecutors. As the group becomes more dug in and angry, these confrontations become harder to avoid. And all too often, they end in disaster.

* * *
From here, the most likely case is that vast majority of the folks now drunk on right-wing hate talk will ultimately sober up just soon enough not to follow the movement's emerging leaders down this road. But, if the 1990s were any guide (and the DHS report seems to think that they are), there will also be a small but significant fraction of hardcore right-wingers who will zoom right through the flashing red lights and ride all the way to the bloody end. Without the moderating influence of the saner voices among them, they'll quickly turn violent -- and we could be in for an interesting few years before it all burns itself out. 

And, in the end, it probably will burn itself out. In the 1990s, the violence escalated up until the Oklahoma City bombing in 1995 -- an event so gruesome and dramatic that it discredited the movement even among its own followers. Tim McVeigh's capture and execution also scared tough-talking movement leaders with the threat of real consequences. And so that round ended. 

What we've seen the past 100 days strongly suggests that, to at least some degree, we will be going there again. The right wing long ago accepted a foundational narrative that justifies violence. Now, the leaders of the movement are inciting their followers to take many (if not most) of the intermediate steps that signal a group actively gearing up for violence. From this point, it's only a short slide to further separation, disengagement, and finally confrontation. What we've seen so far has been intense and surprising -- but we should also recognize it as the first warning gusts of a rapidly gathering storm. 

Cross-posted from Blog for Our Future

Wednesday, April 29, 2009

It's an insult to suggest that veterans are bias-crime victims





-- by Dave

I guess veterans are the right wing's new favorite sacred cow. Having discovered, via the phony DHS domestic-terrorism controversy, that they can gleefully club liberals over the head with anything even remotely resembling a slight to the sacred honor of American veterans -- such slights, evidently, including insufficiently abject prostration -- Republicans are now wielding said club at every available opportunity.

Let's face it: the Right really hates that the folks in the military in fact love President Obama. And so propagating the notion that Democrats are "anti-military" is a big deal right now.

Last week, for instance, as the new federal hate-crimes bill was passing out of the House Judiciary Committee, Republican Rep. Tom Rooney of Florida tried to include veterans in the list of protections.

This was a classic right-wing twofer: Work to undermine the hate-crimes bill, and smear Democrats at the same time! Pretty, clever, eh?

Sure enough, after Glenn Beck coughed this one up Friday night, there was Sean Hannity last night, regurgitating Beck's stale hairball:

Hannity: Now, Congresswoman, including our soldiers in this bill would not belittle anybody. And I think you and Janet Napolitano need to revisit your opinion of our veterans.


Actually, Feeney's proposal would render the legislation moot and unconstitutional, because it would then be predicated on the idea of creating "protected classes." And, as has been already explained many times, hate-crimes bills aren't about creating "protected categories" -- they are strictly written to encompass the motives of the perpetrator:

Hate-crime statutes are neither written to protect specific classes of persons from assault nor to enhance the charges simply when a person from a "protected class" is the victim of a crime. We don't have laws that create stiffer time if you simply assault a black or a Jew or a gay person. The laws don't even specify races or religions. Such laws would be in clear violation of basic constitutional principles, including the equal-protection clause.

In fact, the actual class status of a victim is almost secondary to the decision whether or to file a hate-crimes charge or not. The primary concern is the motivation of the perpetrator. All of these laws are written to punish people more severely for committing a crime committed with a bias motivation.


Not everyone ever joins an armed service. Veteranhood is a not a universal trait. But the categories of bias motivation -- race, ethnicity, religious beliefs, and sexual preference -- are universal human traits:

[Bias crime laws] are intended to protect everyone equally from these kinds of crimes. Everyone, after all, has religious beliefs of one kind or another; we all have a race, a gender, an ethnicity, a sexual orientation. A quick look at the FBI's annual bias-crime statistics bears this out; anti-white bias crimes are the second-largest category of racial crimes, and anti-Christian crimes constitute the second-largest in the religion category. If the laws were written as [Rooney] suggests, they couldn't possibly pass the Constitution's equal-protection muster; yet these laws have.


Finally, bias-crime laws have always been about addressing real, identifiable social pathologies that have a toxic effect on larger society. Bias crimes against veterans -- who for the most part are fairly capable of defending themselves anyway; indeed, it strikes me as insulting to cast them in the role of victims -- are not, as far as anyone can demonstrate, an identifiable problem at this time. However, racially, religiously, ethnically, and sexually motivated bias crimes are indeed very real phenomena.

It is indeed an insult to the victims of those crimes to try to trivialize their suffering with cheap tactics like this. And it's downright obscene to claim that saying so is "anti-military" or "bashing the soldiers."

Cross-posted at Crooks and Liars.

Two more officers killed by a right-wing extremist with a military background. But don't insult our veterans!





-- by Dave

It's the new political correctness, I gather, not to ever suggest that anyone who's ever served in the military is ever capable posing a threat to law-enforcement officers or the general public. That was the whole upshot of the recent fake controversy over the DHS report on domestic terrorism.

In the meantime, what do you know: Yet another shooting of police officers by an angry and paranoid man with a military background. And just like the last one, this one believed Obama was going to come get his guns:

On Sunday, lawmen still were investigating why Joshua Cartwright, a 28-year-old U.S. Army Reserve soldier with a history of violence, killed Okaloosa County sheriff's deputies Burt Lopez and Warren "Skip" York at a gun range in Crestview.

A few minutes after he killed the deputies, Cartwright was himself killed in a shootout with lawmen in DeFuniak Springs.

"None of it's logical, none of it makes sense," said interim Sheriff Ed Spooner on Sunday. "He'd obviously just got something else in his mind."

An offense report filed against Cartwright the day he died outlines an angry husband who threatened his wife, kept guns and knives on hand, was "severely disturbed" that Barack Obama had been elected president, and believed the U.S. government was conspiring against him.



Here's the incident report. Towards the end, this observation is included:

While we were waiting Cartwright told me that her husband believed the U.S. Government was conspiring against him. She said he had been severely disturbed that Barack Obama had been elected President.


The extent of Cartwright's military background is yet unclear:

In November, when authorities arrested Cartwright for domestic battery, they listed his employer as the US Army Reserves. But Spooner said Cartwright was a member of a Florida National Guard unit based in Crestview. He said Cartwright also was interested in militia groups and weapons training.

Spooner said he did not believe Cartwright was a war veteran, but that investigators are continuing to check his background.


Now, let's go back again to the wording of that DHS bulletin:

DHS/I&A assesses that lone wolves and small terrorist cells embracing violent rightwing extremist ideology are the most dangerous domestic terrorism threat in the United States. Information from law enforcement and nongovernmental organizations indicates lone wolves and small terrorist cells have shown intent—and, in some cases, the capability—to commit violent acts.

... (U//FOUO) Returning veterans possess combat skills and experience that are attractive to rightwing extremists. DHS/I&A is concerned that rightwing extremists will attempt to recruit and radicalize returning veterans in order to boost their violent capabilities.


Remember what that bulletin was intended for? To give law-enforcement officers in the field a heads-up about the potential risk posed by right-wing extremists, which is enhanced considerably by the presence of a military background.

Too bad the wounded egos of a bunch of loudmouthed demagogues who insist on a ridiculously tendentious reading of the factual contents of a serious domestic-terrorism report are more important than the lives of those law-enforcement officers.

Cross-posted at Crooks and Liars.

Tuesday, April 28, 2009

Fox News' 'Tea Party' hysteria really did whip up the far-right nutcases

-- by Dave

In spite of all that voluminous airspace on Fox News that was devoted to promoting and then reporting on the 'Tea Parties' on April 15, I'll be willing to wager that they won't ever include this in their reports:


Oklahoma Man Arrested for Twittering Tea Party Death Threats


In a series of tweets beginning April 11, CitizenQuasar vowed to start a “war” against the government on the steps of the Oklahoma City Capitol building, the site of that city’s version of the national “Tea Party” protests promoted by the conservative-leaning Fox News.

“START THE KILLING NOW! I am willing to be the FIRST DEATH!,” read a tweet at 8:01 PM that day. “After I am killed on the Capitol Steps, like a REAL man, the rest of you will REMEMBER ME!!!,” he added five minutes later. Then: “Send the cops around. I will cut their heads off the heads and throw the[m] on the State Capitol steps.”

Hayden’s MySpace page is a breathtaking gallery of right wing memes about the “New World Order,” gun control as Nazi fascism, and Barack Obama’s covert use of television hypnosis, among many others.


Here's a sampler of his tweets:

CitizenQuasarTwitters1a_ebe29.jpg
CitizenQuasarTwitters2_b3eb3.jpg

Here's his blog, too.

Cross-posted at Crooks and Liars.

Monday, April 27, 2009

Florida killer's motives become clearer






-- by Dave

Following up on the case of Dannie Baker, the Florida man who opened fire on a roomful of Chilean exchange students, killing two of them and wounding three others, after asking a neighbor "if I was ready for the revolution to begin and if I had any immigrants in my house to get them out."

As the earlier report noted, Baker had worked on Republican campaigns for George W. Bush in 2000 and 2004, but was cut off after he sent some disturbing e-mails that were forwarded to the sheriff's office. What was in them?

Well, I missed this when it was reported a couple of weeks ago (partly because, like all the news about this story, it quickly sinks to the bottom of the news pile), but in any event, an Associated Press report gives us some details about the e-mails:

Last summer, Walton County Republican officials forwarded to the sheriff's office several threatening e-mails Baker sent them, riddled with misspellings and mostly focused on illegal immigrants.

In an Aug. 6 e-mail, Baker wrote: "The Washington D.C. Dictators have already confessed to rigging elections in our States for their recruiting dictators to overthrow us with foreign illegals here, and have allowed them to kill and run for office in the States to extend their influence into our States."

In another e-mail, Baker claimed there is a plot to "give our homeland to foriegn states and their representatives here in America. Lets exacute them and reinstate a legal government that will do something for us."

Walton GOP head Michael Tim Norris said Baker volunteered during George W. Bush's presidential campaigns in 2000 and 2004. "He was a hard little worker. He showed up when you needed him to show up," he said.

Baker "just made people feel uncomfortable" when he returned this fall, however, and officials asked him to stop volunteering, Norris said.


This is, of course, a classic example of how eliminationist rhetoric operates: It creates permission for violent people to act on the underlying desire to expunge.

Sunday, April 26, 2009

Hate crimes bill passes out of committee, wingnuts pass out the BS





-- by Dave

We're finally making progress on passing a federal hate-crimes bill: On Thursday, the Local Law Enforcement Hate Crimes Protection Act passed out of the House Judiciary Committee.

Sure enough, as Kyle at RightWingWatch predicted, the right-wing freakout has begun. Unsurprisingly, Glenn Beck is already leading the way.

He invited on wingnut talk-show host Sandi Rios, who promptly declared hate crimes "thought crimes" (uh-huh, right). She also attacked Debbie Wasserman-Schulz, who was defending the bill from Republican attempts to nullify it by adding categories or victims by claiming:

Rios: Well, she's saying that anybody that's killed or harmed is not a real victim -- unless they're homosexual or gay or Jewish. Then they're real victims. So you can murder more severely if they happen to homosexual or Jewish. It makes no sense.

Beck: Whatever happened to equal protection under the law? If you kill someone, you should go to jail!


Well, as I've explained previously, hate-crimes laws in fact do offer equal protection under the law:

This ... is precisely how the laws work: they are intended to protect everyone equally from these kinds of crimes. Everyone, after all, has religious beliefs of one kind or another; we all have a race, a gender, an ethnicity, a sexual orientation. A quick look at the FBI's annual bias-crime statistics bears this out; anti-white bias crimes are the second-largest category of racial crimes, and anti-Christian crimes constitute the second-largest in the religion category. If the laws were written as McGough suggests, they couldn't possibly pass the Constitution's equal-protection muster; yet these laws have.


Bias-crime laws aren't about "special categories" of victims; in fact, the victim's actual ethnic or sexual status is of secondary importance -- what matters is the motivation of the perpetrator. This is why a gay-bashing assault against a person mistaken for being gay is still a bias crime.

As for why this law is important to pass, read more here.

(Cross-posted at Crooks and Liars.)

___

Note: As usual, the debate at the above-linked sites regarding hate crimes has invariably wandering into the standard disinformation being peddled. As something of an antidote, I'd like to offer these links for deeper background on hate crimes, the laws against them, and the rationale for those laws.

Letter to the L.A. Times

When hate hits home

Bigotry and freedom

Hate crimes: The big picture

Failing in the present

Should we repeal hate-crimes laws?

The GOP, gays, and hate crimes

Hate crimes, democracy, and freedom

Hate crimes: A response

Who needs hate-crime laws?