“Kentucky’s Kim Davis Is Out Of Jail, But For How Long?”: Her Defiant Stand Seems Likely To Land Davis Right Back In Jail
At a distance, it’s understandable why U.S. District Judge David Bunning agreed today to release Rowan County Clerk Kim Davis from jail. Bunning locked Davis up last week after she brazenly defied a court order, but in the days since, the clerk’s office has begun honoring the law and issuing marriage licenses to all couples, not just those Davis finds morally acceptable.
With this in mind, the Kentucky clerk, who believes she has “God’s authority” to ignore laws she doesn’t like, walked out of a detention center this afternoon, to the hearty applause of an assembled group of conservative activists. MSNBC’s Emma Margolin reported, however, the next question is how long it might take before Davis is jailed once more.
[Davis’] attorney said that Davis would continue to abide by her conscience, which cannot condone same-sex nuptials, and that all licenses issued since her incarceration were not valid.
The defiant stand seems likely to land Davis right back in jail….
In this morning’s court order, Judge Bunning, a George W. Bush appointee and the son of a former far-right senator, said he is “satisfied that the Rowan County Clerk’s Office is fulfilling its obligation to issue marriage licenses to all legally eligible couples,” consistent with the U.S. Supreme Court’s ruling on marriage equality. As a result, Bunning lifted the contempt sanction against Davis and she was free to go.
So, problem solved, right? Wrong.
Bunning’s order specifically said that Davis, her religious beliefs notwithstanding, “shall not interfere in any way, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples.”
But as the MSNBC report added, Davis’s lawyer, Liberty Counsel’s Mat Staver, suggested she’s likely to defy this order, too.
“She cannot allow a license authorizing same-sex marriage to go under her authority or name,” Staver said in an interview with NBC News’ Gabe Gutierrez, ahead of Davis’ release. “That’s been her position from the beginning and that will be her position, I assume, on any subsequent occasion. She’s asking for a simple fix, a simple accommodation.”
“We’re back to square one,” he added. “She’s been released. But there has been no resolution.”
In this case, the “simple accommodation” will not include Davis honoring the law, or following court orders, or fulfilling her oath of office, or even finding a job where her responsibilities aren’t in conflict with her religious principles. When Staver says “simple accommodation,” he effectively means “the legal authority to block marriages Davis doesn’t like.”*
If you read MaddowBlog over the weekend, you know that Staver leads a right-wing legal group created by the late Jerry Falwell. Staver has argued, more than once, that Kim Davis is comparable to a Jewish person living under Nazi rule. He wasn’t kidding.
As for the politics of all of this, while we wait for Davis to end up in jail again, former Arkansas Gov. Mike Huckabee (R) and Sen. Ted Cruz (R-Texas) – two second-tier Republican presidential candidates – went to almost comedic lengths to exploit the Kentucky controversy to advance their own personal ambitions.
* Update: One other possible accommodation that’s come up is removing Davis’ name from licenses issued by this clerk’s office. That said, if Davis interferes with her colleagues fulfilling their official duties, this may prove insufficient.
By: Steve Benen, The Madow Blog, September 8, 2015
“… And Justice For All”: The Rule Of Law Defines Civilization And Underpins America’s Precious Democratic Experiment
I’m a little emotional about same-sex couples accepting Alabama Probate Judges’ time-honored offer to newlyweds “You may kiss”. These marriages are all the sweeter because when we were married by an Alabama Probate Judge three decades ago, it was a very different world. Sorta.
Those were the days of “I now pronounced you man and wife.” Unmistakably, a man was a man whatever his marital status. Once married, a woman was reduced to her role. We’d already warned the Judge off the the “obey” thing, but he informed us that another trip to the courthouse and a formal petition — fifty bucks, please — was required for me to reclaim my own surname. It had legally vanished with “I do”. It is a privilege to see justice finally promised to another oppressed group. And what additional satisfaction it is to have a front row seat, watching seemingly immovable traditions — reserving marriage for some, refusing it to others, arbitrarily elevating some over others — dissolving before the irresistible force of a Federal Judge’s orders overturning Alabama’s law banning same-sex marriage — celebration time.
A victory of this proportion is for everyone, a lesson on a grand scale. People died for these rights. Credit especially the martyred San Francisco Board of Supervisors Harvey Milk and his profound insight: “‘Coming out’ is the most political thing you can do.” When individuals risked everything to be true to themselves, debilitating stereotypes dissolved into the faces of our family members, neighbors, friends and coworkers. Millions shared the honor when Mr. Milk was awarded the Presidential Medal of Freedom posthumously in 2009. Our world is improving because people were brave.
Would that the heroic reporter Dudley Clendinen had lived to see this turn of events. His Out for Good, which we explored with him in 1999, remains an important report on harsh realities still endured by too many homosexuals in the world and in America. The particulars of people’s private lives continue to elicit sensational and hate-filled reactions. Still.
Not surprising is the recalcitrance of the “Ten Commandments” Alabama Chief Justice of the Alabama Supreme Court Roy Moore. Nor is this appalling defiance of the Federal Judge’s direct order out of character. In 2003, his own colleagues removed him from office for defying the law. What does it say for the voting majority in Alabama, that In 2012 they returned him to the same position?
I am amazed that half the judges in the State defied their Chief Justice. Perhaps they realized his argument is “so 1832”, dating back as it does to South Carolinian John C. Calhoun’s (and later the Confederacy’s) notion of “nullification“. Maybe those law-abiding Probate Judges didn’t want to be counted among the more recent neo-nullification gang: Orval Faubus, George Wallace, Lester Maddox and now, notably, the list includes the former Governor of Arkansas, Mike Huckabee (who’s also voiced suspicions about dancing).
Whatever their motivation, it’s a breath of fresh air that so many Alabama Probate Judges obeyed the Federal court order and married whomever chose that august and demanding path. This is all the more noteworthy given their Chief Justice’s recalcitrance, which carries the distinctive stench of oppression still lingering across America from white supremacists imposing equally noxious restrictions based on race as well as gender.
The rule of law defines civilization and underpins America’s precious (and precarious) democratic experiment. A less privileged individual would go to jail for the kind of defiance we are witnessing. A senior judge flagrantly breaking the law with apparent impunity is a sad spectacle, even in long-benighted Alabama.
Ultimately, justice will win out in a just polity. Still, it should not be necessary to overcome the willful injustice of atavistic elements of our judicial system.
By: Paula Gordon, The Blog, The HUffington Post, February 22, 2015
“Whose Values Did The Torture Program Uphold?”: We Can Press For Those Responsible To Be Held Accountable
Who are we?
That’s one question begged by the Senate Intelligence Committee report on the CIA’s torture of detainees after Sept. 11. There are other questions, but this may be the key one. And it is getting harder to answer.
“That’s not who we are,” President Barack Obama declared of the abusive pressure tactics used by American interrogators on detainees in foreign holding tanks, supposedly to extract information about terror plots. But some of those seem so gratuitously abhorrent, it’s a stretch to even call them interrogations. Where is the interrogation component of force-feeding people their meals rectally? How much valid information could you get on the 17th day of one long, round-the-clock interrogation? What investigatory purpose is served by leaving a prisoner naked until he dies of hypothermia?
Politicians may quibble over the semantics of the practices and the politics of the report’s release, just before Democrats lose control of the Senate. Apologists for the program, both from the Bush administration and the CIA, reject the word “torture.” Former Vice President Dick Cheney goes so far as to call the 6,300-page report “full of c–p,” even as he acknowledges no authorization was given for rectal force-feeding. Call it what you want, but when the purpose is to terrify, degrade, in some cases bring people convicted of no crime to the brink of death, and leave them emotionally and physically broken down, one can only hope those tactics would be anathema to most Americans.
Elected leaders, including Obama, Sen. Dianne Feinstein, whose committee brought out the report, and Republican Sen. John McCain, who knows torture first-hand, believe its release will show the world, as Feinstein said, “that we are in fact a just and lawful society.” McCain said Americans need to know “when the values that define our nation are intentionally disregarded by our security policies.”
Whose values did the program uphold — The CIA’s? The Bush administration’s? That’s hard to answer since the report doesn’t look at individual culpability. Cheney’s justifications aside, the CIA did not inform the administration or get approval for some measures. On the other hand, secret legal memos sent by the Bush administration set forth a covert CIA program abroad to conduct such interrogations. Officials claimed an anti-torture treaty only applied inside the U.S. And though one of Obama’s first acts in office was to ban those practices, even Obama officials reportedly considered upholding the interpretation.
So, who are we? Are there two different sets of American values to employ selectively, according to circumstances? Was the CIA satisfying itself that the ends justify the means, even though those harsh techniques were of little ultimate value in capturing Osama bin Laden? Did agents grow oblivious to the boundary lines and become dehumanized like the Abu Ghraib captors, rogue elements with enough power to abuse? Or were they opportunists like James Mitchell, the Florida psychologist who designed and implemented the program with his partner for a cool $80 million, though never schooled in the mindset or tactics of al-Qaida?
Now that this has happened, can we still claim to have those shared values in the rule of law? Can we still claim the moral authority to condemn human rights violations in Yemen or North Korea? Even though we braced for global fallout from the report, knowledge of our abhorrent interrogation practices have already contributed to terrorist recruitment efforts, even of U.S. citizens.
Americans are not unique. Like everyone, whether we do bad or good depends largely on the cues we get from our environments. Those who lack faith that the system treats everyone equally might not see a need to play by the rules. Much has been made, for instance, of the looting and rioting in the wake of a Ferguson grand jury’s failure to indict a white police officer for the fatal shooting of an unarmed young black man. Without revisiting the merits of that case or justifying the behavior, there was clearly an element of nihilism that didn’t spring from bad upbringings, as some people have claimed. It reflected a lack of belief that justice is for all. So hold the looters responsible but in the long run, let’s make sure our police forces, prosecutors and courts model the rules of fair play.
We Americans can’t change what took place in our names in secret faraway holding pens, but we can press for those responsible to be held accountable. We can vow not to let it happen again on our watch. We can use our votes and our voices to assert our common values when our leaders sometimes seem to have lost their way.
Who are we? We are the voters and the taxpayers, the office-seekers and marchers and peaceful protesters, guided by an enlightened Constitution, a belief in doing what is right and a democracy that demands our engagement.
By: Rekha Basu, Columnist for the Des Moines Register; The National Memo, December 17, 2014
Fox News’ Dangerous New Hero”: Cliven Bundy Steals From America–The Scary Return To A West Where Guns, Not Law, Rule
The showdown in Bunkerville last week was sensational – a rancher, his cows, and an armed militia resisting the federal government’s roundup of trespassing livestock. With banners pronouncing “Liberty” and “We the People,” these protesters mistook the issue of long overdue grazing fees for an issue of states’ rights and federal overreach. In the end, Cliven Bundy’s 400 cows were herded back onto the Mojave Desert to trample desert tortoise habitat, degrade water quality, crush cultural sites, consume native vegetation and defecate in springs and the Virgin River. The cheering crowds proclaimed, “Freedom!” and “Victory!”
What a disaster.
The public lands livestock grazing program uses approximately 250 million acres of the arid west, with permitted users paying a pittance to the Bureau of Land Management (BLM) or the Forest Service for the privilege to do so. And it is truly a pittance. When Bundy stopped paying BLM in 1993, he owed just $1.86 per animal unit month for his mama cows, or $3,348 to use the land year-round. But Bundy refused to pay the fees because he didn’t want to reduce his herd to just 150 animals in order to help save the Mojave desert tortoise, a species given an emergency Endangered Species Act listing, and whose existence is specifically threatened by livestock competition for scarce desert vegetation and direct crushing and trampling of tortoise burrows. Bundy’s non-payment of fees was coupled with non-cooperation about getting his cows off the range. Since 1993, Bundy’s herd has ranged from 550 to more than 900 animals, far more than he was ever legally permitted. His cows have roamed over a much broader area than he was ever legally allowed to use. Without accounting for the legal expenses incurred by BLM and the costs of last week’s failed roundup, Bundy has since racked up a million dollar bill for overdue fees, trespass fees, and fines.
As Bundy musters up an army of supporters for this theft from the American public and the harm to the public lands, taxpayers lose at least $123 million each year that the federal grazing program continues. According to the Government Accountability Office, in 2005, the grazing fee wasn’t nearly sufficient to cover the costs of managing public lands grazing, and we – you and me, but apparently not Mr. Bundy – subsidize the program with $1.2 billion every decade, not counting the additional costs of species recovery, range infrastructure, soil loss, weed infestations, increasing wildfires, and bacterial contamination of water supplies. Despite the efforts of Western Watersheds Project and others, the fee formula has never been revised.
What a disaster, indeed.
The public lands livestock grazing program continues for many of the same reasons that Bundy “won” his range war this week. Federal land managers are afraid to stand up to the undue influence of Bundy and the mythical American cowboy he represents. There are only about 22,000 public lands livestock operators. The BLM and Forest Service place grossly disproportionate value on grazing, and fail to address the varied and severe negative impacts of public lands livestock grazing on the environment and on the federal deficit. Managers who try to rein in rogue permittees are quickly transferred out of their positions, and members of Congress who propose reforming the fee formula or allowing for voluntary permanent retirement are accused of trying to ruin a way of life.
Furthermore, the American public is woefully misinformed about the entrenchment, expense, and ecological harm of this land use. Make no mistake, Bundy isn’t the only rancher ripping off the American public. Every public lands livestock permittee is banking on federally-funded range infrastructure like solar wells and fences and benefitting from federally-funded wildlife killing that targets native predators like wolves and coyotes for the sake of livestock safety. Many permittees benefit from drought payments and disaster payments, seek handouts for “restoration projects” that are really just reseeding the forage species their cows stripped in the first place. And most livestock operations occur at the peril of endangered species, whether it’s the Mojave desert tortoise being nutritionally starved or Greater sage-grouse nests being trampled and their eggs destroyed. How do you calculate the cost of extinction?
Turning Bundy’s cattle back out onto Gold Butte does more than continue his illegal actions; it turns back the clock to a time when the West was controlled by whoever had the most guns, federal laws notwithstanding.
Public lands are valuable lands. The time to reform the public lands grazing program is now.
By: Travis Bruner and Greta Anderson, Salon, April 18, 2014
“A Fight That Has Already Been Settled”: Nevada Journalists; Conservative Media Darling Rancher Is Clearly “Breaking The Law”
Local journalists covering Nevada rancher Cliven Bundy’s case stress he is no victim and is breaking the law, regardless of conservative media’s sympathy for his defiance of government orders to remove cattle from federal land.
Those reporters and editors — some who have been covering the case for 20 years — spoke with Media Matters and said many of Bundy’s neighbors object to his failure to pay fees to have his cattle graze on the land near Mesquite, NV., when they pay similar fees themselves.
“We have interviewed neighbors and people in and around Mesquite and they have said that he is breaking the law,” said Chuck Meyer, news director at CBS’ KXNT Radio in Las Vegas. “When it comes to the matter of the law, Mr. Bundy is clearly wrong.”
Bundy’s case dates back to 1993, when he stopped paying the fees required of local ranchers who use the federally owned land for their cattle and other animals. Local editors say more than 85 percent of Nevada land is owned by the federal government.
Bundy stopped paying fees on some 100,000 acres of land in 1993 and has defied numerous court orders, claiming the land should be controlled by Nevada and that the federal government has no authority over it.
Last year a federal court ordered Bundy to remove his cattle or they would be confiscated to pay the more than $1 million in fees and fines he’s accumulated. The confiscation began earlier this month, but was halted because the Bureau of Land Management (BLM) had “serious concerns about the safety of employees and members of the public” when armed militia showed up to block the takeover.
Despite his lawlessness, Bundy has become a sympathetic figure for many in the right-wing media.
But for local journalists, many who have been reporting on him for decades, that image is very misguided.
“He clearly has captured national attention, among mostly conservative media who have portrayed him as a kind of a property rights, First Amendment, Second Amendment, range war kind of issue,” Meyer noted. “That’s how it has been framed, but the story goes back a lot longer and is pretty cut and dry as far as legal implications have been concerned.”
He added that, “Cliven Bundy and his supporters are engaged in a fight that has already been settled. There are a number of people around these parts who have strong reservations about Bundy’s actions.”
Las Vegas Sun Editorial Page Editor Matt Hufman said depicting Bundy as a victim is wrong.
“The BLM had court orders against him in the 90s telling him to get off federal land,” Hufman said. “He’s got a bunch of these arguments about state’s rights, it’s not federal land, blah, blah, blah. All of the arguments have been knocked down.”
Hufman cited Bundy’s claim that his family has been on the land since the 1870s, adding, “a federal judge said the land’s been owned by the federal government since 1848.” He later added that Bundy “was paying grazing fees until 1993 then he stopped. At some point it was okay for him to pay grazing fees.”
Ron Comings, news director of KLAS-TV in Las Vegas, offered a similar view.
“You have to keep in mind that huge percentages of western states are owned by the feds and that has rubbed people the wrong way for a long time,” Comings said. “But they are the same people who will say that ‘we all pay grazing fees and you have to pay and you should work this through other channels.’ There are a lot of farmers and ranchers who pay the grazing fees whether they like it or not, and they see him as someone who is not. They say to stop paying their fees is like not paying your rent and you don’t have a leg to stand on.”
Comings also pointed out that many of the armed “militia” who came to Bundy’s aid are from out of state, describing them as “just anti-government and … just seen as outsiders who are coming in to jump on this issue.”
Even Las Vegas Review-Journal Editor Michael Hengel, whose paper published an editorial in support of Bundy, admitted he is not legally in the right: “He’s breaking the law, that fact is true, they have ruled that … The courts have ruled that he is on federal land and he is grazing on federal land and he has not paid.”
In St. George, UT., the closest city with its own daily media, the online St. George News weighed in with a critical piece Sunday that also took aim at the national press supporting Bundy, stating: “The Bundy Range War was perpetuated by an irresponsible media vying for nothing more than ratings and an ill-informed and willfully ignorant public who, much like a NASCAR fan, come to the race simply in hopes of seeing a crash.”
By: Joe Strupp, Media Matters For America, April 16, 2014
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