“Justice Denied”: Federal Judge Faces No Punishment Following Racially Charged Remarks
Last year, Judge Edith H. Jones of the 5th Circuit Court of Appeals spoke to a conservative legal group and made a series of controversial remarks about race. There is no official transcript or recording, but affidavits from attendees pointed to deeply problematic language, especially from a sitting federal judge.
According to an ethics complaint, Jones, a Reagan appointee, told the audience that “racial groups like African-Americans and Hispanics are predisposed to crime.” A veteran attorney who was in the room said Jones “noted there was no arguing that ‘blacks’ and ‘Hispanics’ far outnumber ‘Anglos’ on death row and repeated that ‘sadly’ people from these racial groups do get involved in more violent crime.” She was also accused of having said defenses often used in capital cases, including mental retardation and systemic racism, are “red herrings.”
An investigation ensued, but the Associated Press reported yesterday that a panel of judges dismissed the misconduct complaint.
“It appears likely that Judge Jones did suggest that, statistically, African-Americans and/or Hispanics are ‘disproportionately’ involved in certain crimes and ‘disproportionately’ present in federal prisons,” said the panel.
“But we must consider Judge Jones’ comments in the context of her express clarifications during the question-and-answer period that she did not mean that certain groups are ‘prone to commit’ such crimes,” the panel of judges said.
“In that context, whether or not her statistical statements are accurate, or accurate only with caveats, they do not by themselves indicate racial bias or an inability to be impartial,” said the panel. “They resemble other albeit substantially more qualified, statements prominent in contemporary debate regarding the fairness of the justice system.”
One wonders if Americans from minority communities, whose legal fate rests in Jones’ hands, would have comparable confidence in the conservative judge’s impartiality.
My colleague Kate Osborn noted yesterday that one of the lawyers who filed the original complaint wasn’t impressed with the investigation, and is pushing the process forward. From a press statement:
The D.C. Circuit judges who dismissed the initial complaint this August repeatedly relied on Judge Jones’ own version of the facts about her Penn Law speech – in spite of conflicting sworn testimony from six people – five of whom were law students – who attended the lecture. The judges allowed Judge Jones to testify but did not allow those who filed the complaint or attended the lecture to do the same. The judges also received documents and other secret evidence that they and Judge Jones refused to disclose to complainants.
“Just as concerning as these instances of bias, the one-sidedness and secrecy surrounding the ethics complaint process and the untoward deference to the judge’s denials makes it unlikely that any claims of judicial misbehavior can be handled in a way that gives the public confidence that justice is being served,” said Luis Roberto Vera, Jr., national general counsel of the League of United Latin American Citizens, another party to the appeal.
An appeal has been filed with the Judicial Conference of the United States, requesting its Committee on Judicial Conduct and Disability revisit the complaint.
By: Steve Benen, The Maddow Blog, October 16, 2014
“Depressing And Infuriating”: Voter ID Laws Make The Poll Tax Look Good
The poll tax is looking pretty tempting in the rear-view mirror. It was $1.50 in 1964, when the 24th Amendment outlawed it as a requirement for voting in federal elections. Adjusted for inflation, the tax would be less than $12 today. That makes it a lot cheaper — and infinitely easier — than getting hold of exactly the right documentation to cast a ballot under some state laws.
The recent wave of rulings and opinions on voter ID laws makes for depressing, at times infuriating, reading. There is the parade of “practical obstacles” summarized by U.S. District Judge Lynn Adelman, writing on the Wisconsin law. Trying to learn what you need, collecting the documents, getting to and standing on line at one or more state offices that are open only during business hours, and perhaps having to deal with multiple other state and federal agencies to address discrepancies — just skimming the list will make your stomach clench and your head ache. It’s a major undertaking for a high-income, highly educated person with flexible work hours and access to public officials. It’s prohibitive in multiple ways for others.
There are the calculated choices majority Republicans made in Texas about what kinds of ID to accept and reject. They said yes to gun permits and military IDs and didn’t mess with absentee ballots — all ways to “broaden Anglo voting,” U.S. District Judge Nelva Gonzales Ramos wrote. They rejected student IDs, state government employee IDs and federal IDs, all “disproportionately held by African-Americans and Hispanics.”
There is the barrier of cost, addressed in an opinion on the Wisconsin law by Judge Richard Posner, a conservative named by Ronald Reagan to the Seventh Circuit Court of Appeals. He cited a Harvard Law School report that found the cost of documentation, travel and waiting time to get an ID to be $75 to $175. That’s 50 to 100 times more than that $1.50 poll tax, and all you’d have to do is pay at the polling station before voting.
The poll tax, in many cases applied selectively and used to discriminate, had no place in a democracy. Yet how different was it from the hurdles placed in the path of so many voters today?
These burdens, and possibly even the outcome of a close race or two, hang in the balance as the courts whipsaw back and forth in the weeks before the Nov. 4 election. Ramos blocked the Texas law last week, she was reversed by a three-judge appeals panel this week, and the next day the Supreme Court was asked to again block the law from taking effect. The Wisconsin law went through a similar judicial rollercoaster before the Supreme Court last week said it could not go forward this year.
Posner’s dissent in the Wisconsin case is memorable for personal asides that inject bracing reminders of the real world, and an overall scathing tone. His 11-page appendix, for instance, is called “Scrounging for your birth certificate in Wisconsin.” All 11 pages are required forms and instructions on how to fill them out.
“Scrounge” was the Seventh Circuit panel’s verb of choice in its short-lived ruling to let the law take effect. The panel referred disapprovingly to people “unwilling to invest the necessary time” to “scrounge up a birth certificate and stand in line at the office that issues driver’s licenses.” To which Posner responded that “the author of this dissenting opinion” — that would be him — “has never seen his birth certificate and does not know how he would go about ‘scrounging’ it up. Nor does he enjoy waiting in line at motor vehicle bureaus.”
Posner wrote that since voter-impersonation fraud is virtually non-existent, the only motivation for such requirements is “to discourage voting by persons likely to vote against the party responsible for imposing the burdens.” He uses charts to show that of the nine states with the strictest ID requirements, eight laws were passed by all-GOP legislatures and seven of the eight also had GOP governors.
The morality of all this is bad enough — we’re talking about voting, for Pete’s sake, the bedrock of the republic, a right people died to win. But the voter ID fad also reveals flawed political strategy. It courts backlash, in the form of higher minority turnout. And it will make it harder to repair relations with the affected groups when demographic reality takes hold and the GOP needs their votes.
If the Supreme Court decides to rule on the merits of voter ID laws, let’s hope it acts with more dispatch than it did on poll taxes. The taxes were declared constitutional in 1937. It was not until 1966, two years after the 24th Amendment banning them in federal elections, that the high court ruled them unconstitutional in all elections. We don’t need 29 years to know that voter suppression is wrong.
By: Jill Lawrence, The National Memo, October 16, 2014
“New Depths Of Shamelessness”: Chicken Little Media Keeps Reaching New Lows
One time, my wife and I went walking near a pasture where nine mares grazed. I knew them all by name. Suddenly and for no obvious reason the herd stampeded, galloping by as if their lives depended upon it. It was a thrilling sight, like being right down on the rail at the race track.
But what were they running from? There are no predators around here capable of harming a horse. As the leaders thundered by, I noticed two fillies at the back getting skeptical. They kept looking behind and catching each other’s eye as if to say “What’s this about? I don’t see anything, do you?”
As the fillies pulled up, the leaders thundered headlong into a run-in shed about 100 yards ahead and stopped. The proximate cause of the stampede had been a fat black horse fly on the boss mare’s rump. As soon as she went under the roof, the insect flew off.
It was quite comical, actually.
We Americans didn’t used to be like that. We prided ourselves on being a pragmatic, self-confident people — more like the skeptical fillies than the thundering herd. But if you believe a lot of what you read in the news media and see on TV, much of the public currently lives on the edge of panic.
The role of cable TV news channels in stoking hysteria has reached new depths of shamelessness. They do it purely for the ratings, you know.
And if you don’t, the barbaric propagandists of ISIS certainly do.
Typical headlines: “ISIS Threat: Fear of Terror Attack Soars to 9/11 High, NBC News/WSJ Poll Finds.” By the ghastly tactic of beheading American and British citizens on TV, Islamic extremists fighting to establish a Sunni fundamentalist “caliphate” have stampeded the nation.
Millions of Americans who wanted out of Middle Eastern sectarian wars now think the U.S needs to get back in.
If ISIS’s goals are insane, so are their tactics. Politically speaking, no U.S. president could have failed to react to the organization’s mad provocations. Exactly how President Obama’s bombing campaign will end, nobody can say — although that hasn’t stopped a thousand propagandists from trying.
Invading Iraq at all was the big mistake, and it says here that getting sucked back in to yet another Middle Eastern ground war would be to repeat it. A big part of the problem is the unreasoning fear, far out of proportion to any actual threat the nation faces.
Although my saying so infuriated certain readers, I once wrote that Osama bin Laden’s “deluded followers posed no military threat to the integrity of the United States or any Western nation. At worst they were capable of theatrical acts of mass murder like the 9/11 attacks. And that was sufficient evil indeed.”
But fear made us reckless. I’d say the same about ISIS. For all its ruthlessness, ISIS has no Air Force, no Navy, and a ragtag Army incapable of projecting power anywhere but the desert wastes of Iraq and Syria. Helping the Kurds defend themselves against a genocidal massacre is one thing; trying to impose a pax Americana on the entire region quite another.
Quivering in our beds for fear of a terrorist strike should be beneath the American people. It’s impossible to respect shameless politicians like Arkansas Senate candidate Tom Cotton, who actually warned viewers on a TV town hall that ISIS terrorists might collaborate with Mexican drug cartels to “infiltrate our defenseless border and attack us right here in places like Arkansas.”
Armies of Mexican Islamic terrorists descending upon El Dorado and Texarkana! For somebody who comes advertised as brainy, Cotton appears incapable of concealing how dumb he thinks voters are.
Then there’s Ebola, which cable TV also shamelessly hypes for ratings. “I’ve followed cable news for many, many years now,” writes The Daily Banter’s Bob Cesca “and not since the lead-up to the Iraq War has the American news media behaved with such recklessness.”
Among a hundred possible examples, Cesca was aghast at CNN’s interviewing novelist Robin Cook, who once wrote a thriller about a conspiracy to spread Ebola foiled by a hero-doctor.
“The real issue here is how quickly it can mutate, and how that’s gonna affect the transmission…” Cook said. “Perhaps this virus cannot live very long in the air. I don’t know. But I don’t think anybody knows.”
Actually, people do know. Every professional health agency in the world agrees that Ebola cannot be transmitted through the air. As for mutating, Scientific American reports that there’s “almost no historical precedent for any virus to change its basic mode of transmission so radically.”
The real thing is bad enough without spreading lurid disinformation.
By: Gene Lyons, The National Memo, October 15, 2014
“Unbridled Opportunism”: Republicans Want You To Be Terrified Of Ebola—So You’ll Vote For Them
The first transmission of Ebola within the United States, from Liberian visitor Thomas Eric Duncan to a Dallas nurse, marked a turning point in the political dialogue surrounding the virus toward an unbridled opportunism. The subsequent diagnosis of a second nurse and other revelations—that she took a flight shortly before she began showing symptoms, apparently with Centers for Disease Control’s approval—have only accelerated it. Obviously a degree of paranoia and sensationalism has colored the Ebola story since long before this week. But this week’s developments provided conservatives the psychological ammunition they needed to justify using the specter of a major Ebola outbreak as an election-year base-mobilization strategy.
Republican candidates like Scott Brown are now in on the game, and so is House Speaker John Boehner. Fox News, with the exception of Shepard Smith, is ginning up more Ebola terror than CNN, which had been the vanguard of Ebola hysteria until this week. Matt Drudge’s call to panic was not only deranged—
self-quarantine
—but unintentionally self-defeating, as one cannot vote if one is self-quarantined.
Engaging in the politics of fear requires a pretense. You can find people who hype mortal danger, without a sheen of plausibility, shouting into bullhorns on street corners. Politicians and their enablers need persuasive stories that make the threats sound real. And the story that many conservatives are telling about Ebola goes something like this: We’d love to eschew hysteria, and we’d love to believe our public health officials can break the chain of transmission within the U.S., but the Obama administration has proven itself untrustworthy.
“This is an episode when people want to trust the government, people need to trust the government and they can’t,” columnist George Will intoned on Fox News earlier this month. “What was happening exactly 12 months ago? A government shutdown and the disastrous rollout of Healthcare.gov. Since then we’ve had intelligence failures regarding ISIS; we’ve had the debacle of the veterans handling of healthcare; and the Secret Service that couldn’t lock the front door of the White House. So people think this is a gang that can’t shoot straight.”
University of Tennessee law professor Glenn Reynolds repackaged Will’s basic argument in USA Today on Monday. Among those he cited was “Meet the Press” host Chuck Todd, who added lost IRS emails, Edward Snowden’s NSA disclosures, and the child-migrant crisis to the litany. Members of the media are enabling this opportunism. They should be anathematizing it.
The competence argument is appealing because it doesn’t require dabbling in pseudoscience or xenophobia—just healthy skepticism of our governing institutions. Moreover, I’m certain this sort of skepticism does help explain why a large minority of people in the U.S. feels at risk of contracting Ebola. But they are at no great risk. That the risk is provably infinitesimal underscores the fact that the issue with Ebola isn’t the virus itself so much as paranoia about it.
Even if each of the failures and crises enumerated above were as unambiguous and damning as the administration’s critics claim, it doesn’t follow that federal health officials aren’t up to the task of controlling Ebola, or that the public at large faces any meaningful risk. It might follow that we shouldn’t believe this season’s Affordable Care Act enrollment period will be glitch-free, and that the Vetrerans Affairs’s problems won’t be solved with new management alone. The point is not that we should never draw inferences from this administration’s previous failings. But it’s a fallacy to arbitrarily extend that second-guessing to the Ebola containment effort, while at the same time happily taking it for granted that the vast majority of things we entrust the government to do will continue apace.
Ebola carries a crucial mix of novelty, visibility, and lethality that ripens it for demagogy. But conservatives have selected a familiar line of demagogy—that you can’t trust the government to administer things and solve problems—and imposed it on to a situation where stoking reflexive distrust of the government tugs at the lid of a big Pandora’s box.
The sad irony is that state and local institutions, so beloved on the right, were apparently out to sea when Ebola arrived in Dallas, and health officials there would have let things drift further into chaos had the federal government not intruded further. Not that they’ve performed flawlessly, but we need more of their expertise and involvement, not less. Texas Governor Rick Perry—who in gentler times plays footsie with secession—is grateful for this intrusion, and has “great faith” that their efforts will succeed. Perhaps he’ll surprise us further by dismissing the idea that the federal officials who’ve stepped up against Ebola shouldn’t be trusted because about a year ago, some federal healthcare website was beset by glitches.
By: Brian Beutler, The New Republic, October 16, 2014
“Why The Right Loves Ben Carson”: Another In A String Of Utterly Implausible Candidates
Phil Mattingly has an excellent profile of retired surgeon Ben Carson on Bloomberg Politics today. Carson’s overt forays into Republican presidential politics are compelling for several reasons, not least that he’s another in a string of utterly implausible candidates who generate great enthusiasm among the Republican base. Carson leads Jeb Bush, Chris Christie, Ted Cruz and Rand Paul in the Bloomberg/Des Moines Register Iowa poll.
What exactly does the right find so appealing about Carson?
The familiar tropes are evident, including reluctant patriotism (running for high political office is “about the last thing I ever wanted to do,” Carson told Mattingly) and a double-barreled shot of crazy (“People hate each other and I am not 100% sure that it’s not planned,” he explained).
“One Nation” is the title of Carson’s autobiography. In case that’s too subtle a signal of political ambition, the subhead forges ahead: “What We Can All Do to Save America’s Future.”
No doubt, some Americans can best save the future by running for president. Carson casts himself not only as a brave truth teller but as a wise man above the partisan fray. “I refuse to engage in the grade-school-yard tactics of name-calling and mean-spirited comments when we have so many important issues to solve,” he wrote.
Of course, it can be tough to maintain such high-minded equanimity in the face of “secular progressives” who have no regard for fundamental principles such as freedom of speech and “distort words and meanings, and then cling to the created lies in an attempt to destroy enemies.” (Not that anybody is calling anybody names.)
Should Carson run for president, his candidacy promises to be a (traditional) marriage of Michele Bachmann’s personal loopiness and Herman Cain’s professional ignorance of public policy. In his book, Carson called the Affordable Care Act “the biggest governmental program in the history of the United States.” (So much for Social Security, Medicare, the Pentagon.) And if he can’t be bothered to learn much about government, he has an all-purpose rationale: “I would choose common sense over knowledge in almost every circumstance,” he wrote. It’s just too much to ask for both.
Carson, who is poised to be 2016’s premier novelty act, is already following the script from Cain’s 2012 Republican presidential run. He is a successful black man who tells conservative white audiences that there are no meaningful structural impediments to success: There are only character failings. That should be enough to keep him on the stage, at least until the Iowa caucuses.
By: Francis Wilkinson, Ten Miles Square, Washington Monthly, October 15, 2014
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