“A Shameful State Of Affairs”: Defendants’ Legal Rights Undermined By Budget Cuts
Fifty years ago, the U.S. Supreme Court unanimously held that everyone who is charged with a serious crime has the right to an attorney. In Gideon v. Wainwright, Justice Hugo Black observed for the court that “in our adversary system, any person haled into court, who is too poor to hire a lawyer, cannot be assured of a fair trial unless counsel is provided to him.” As a prosecutor, as a judge and as our nation’s attorney general, I have seen this reality firsthand.
Despite the promise of the court’s ruling in Gideon, however, the U.S. indigent defense systems — which provide representation to those who cannot afford it — are in financial crisis, plagued by crushing caseloads and insufficient resources. And this year’s forced budget reductions, due largely to sequestration, are further undermining this critical work.
In stark contrast to many state defender programs, the federal public defender system has consistently served as a model for efficiency and success. According to court statistics, as many as 90 percent of federal defendants qualify for court-appointed counsel, and the majority of criminal cases prosecuted by the Justice Department involve defendants represented by well-qualified, hardworking attorneys from federal defender offices. Yet draconian cuts have forced layoffs, furloughs (averaging 15 days per staff member) and personnel reductions through attrition. Across the country, these cuts threaten the integrity of our criminal justice system and impede the ability of our dedicated professionals to ensure due process, provide fair outcomes and guarantee the constitutionally protected rights of every criminal defendant.
I join with those judges, public defenders, legal scholars and countless other criminal justice professionals who have urged Congress to restore these resources, to provide needed funding for the federal public defender program and to fulfill the fundamental promise of our criminal justice system.
The Justice Department is strongly committed to supporting indigent defense efforts through an office known as the Access to Justice Initiative, which I launched in 2010, and a range of grant programs. The department took this commitment to a new level on Aug. 14 by filing a statement of interest in the case of Wilbur v. City of Mt. Vernon — asserting that the federal government has a strong interest in ensuring that all jurisdictions are fulfilling their obligations under Gideon and endorsing limits on the caseloads of public defenders so they can provide quality representation to each client.
Unfortunately the federal public defender program is in dire straits. As I write, federal defenders representing the Boston Marathon bombing suspect are facing about three weeks of unpaid leave. In Ohio, the director of one federal defender office who had served there for nearly two decades has laid himself off rather than terminate several more junior attorneys.
This shameful state of affairs is unworthy of our great nation, its proud history and our finest legal traditions. In purely fiscal terms, the cuts imposed by sequestration defy common sense because they will end up costing taxpayers much more than they save. The right to counsel is guaranteed under the Constitution. On the federal level, this means that every defendant who is unable to afford a lawyer must be represented by either a federal public defender or an appointed attorney from a panel of private lawyers. While federal defender offices are staffed by experienced, dedicated professionals operating in a framework that has proved both effective and efficient, panel attorneys often possess less experience and incur significantly higher fees. An increased reliance on panel attorneys may result in less desirable outcomes as well as significantly higher costs.
Five decades after the Supreme Court affirmed that adequate legal representation is a basic right, sequestration is undermining our ability to realize this fundamental promise. The moral and societal costs of inadequate representation are too great to measure. Only Congress has the ability to restore the funding that federal defenders need to ensure that justice can be done. It is past time for our elected representatives to act.
By: Eric Holder, Jr., Attorney General Of The United States, The Washington Post, August 22, 2013
“A Laptop And A Grudge”: It’s Too Easy To Become A Terrorist
Authorities say that the two brothers who allegedly bombed the Boston Marathon were probably “self-radicalized.”
The media have embraced this catchy term, partly because of the assurance it seems to offer: Don’t worry, folks — Tamerlan and Dzhokhar Tsarnaev weren’t recruited and deployed by al Qaeda or any other terrorist group; they hatched their own plot with no tactical help from abroad.
That might well be true, but little comfort can be taken from it.
Some of the most notorious acts of political violence in our history were carried out by pissed-off loners or impromptu zealots who belonged to no organized cabal.
By modern definition, Lee Harvey Oswald was self-radicalized. So was Sirhan Sirhan. Ditto for hermit Ted Kaczyinski, the Unabomber.
And who was more self-radicalized than Timothy McVeigh and Terry Nichols, the creeps who blew up the federal building in Oklahoma City in 1995?
Everyone who sets out to create blood-soaked headlines finds a way to rationalize it. Murder in the name of God, Allah or patriotism is the oldest excuse in the book.
Once caught, the killers seldom admit they did it just for a sick thrill. OK, I’m a loser and my life is crap, so I decided to do something really outrageous.
Self-radicalized terrorists can be scarier than organized cells, because the cells are easier to track and their agendas are less opaque. They wave their hatred like a flag.
In Boston, the older Tsarnaev brother and apparent mastermind of the bombings was loving life until three years ago. According to interviews with friends and family, Tamerlan’s dream had been to become a professional boxer and earn a spot on the U.S. Olympic team.
He wore flamboyant white fur and snakeskins, and trash-talked his opponents in the ring. He was a good fighter, too, twice the Golden Gloves champ of New England.
Then the rules changed. Tamerlan wasn’t allowed to box in the Tournament of Champions because of his immigration status — he was a legal permanent resident, not a full U.S. citizen.
Disappointed, he quit boxing. He didn’t work a regular job. His wife, a healthcare aide, paid the family’s rent. The Tsarnaevs also received food stamps and welfare payments.
Tamerlan tried community college but soon dropped out. He grew a beard and became increasingly interested in Islam, the religion of his Chechen and Dagestani heritage.
Last year he went back to Dagestan for six months without his wife and daughter, a trip being scrutinized by the FBI and Russian authorities. So far, though, Tamerlan hasn’t been connected to any terror group that has targeted America.
His path to Boylston Street, as presented in law enforcement’s scenario, is at once amateurish and harrowing: Older brother returns to the States and enlists his impressionable younger brother, a pot-smoking college student with good grades, plenty of friends and no known hostility against this country.
Together, the two of them assemble bombs from an Internet recipe using kitchen pressure cookers, fireworks, nails, ball bearings and remote control mechanisms from toy racecars. Then they go to the marathon, place the devices in the crowd and stupidly hang around to watch the detonations.
A professional operation it was not. The brothers had no idea there were video cameras all over the place. No disguises, no getaway plan, no fake passports, no money, no plane tickets, no car (Dzhokhar’s was in a repair shop).
This, we are told, is the new face of terror. Spontaneous and rudimentary.
A disgruntled young athlete, his career stymied, violently attacks the country that he’d once hoped to represent in the Olympics. Maybe Tamerlan Tsarnaev had been “self-radicalized” into an Islamic fanatic.
Or maybe he was just furious because a lack of U.S. citizenship papers had kept him out of the biggest boxing match of his life. Maybe it was that simple.
Tamerlan is dead, and Dzhokhar might or might not reveal the motive for the bombing. Clearly, though, it wasn’t the act of two crazy persons.
Cold and twisted? Obviously. But not crazy.
Even more sobering is the ease with which the brothers put their plan in motion. These days, anybody with a laptop and a grudge can arrange a massacre on a shoestring budget.
You don’t need fake IDs. You don’t need special training. You don’t even need to be very smart.
All you need is the one dark impulse.
By: Carl Hiaasen, The National Memo. May 7, 2013
“How Conveniently We Forget”: Chuck Grassley Called On Democrats Not To “Use” Newtown Deaths
Histrionics broke out at a Senate immigration hearing this morning when Senator Patrick Leahy called on Republicans not to use the Boston bombings as a weapon in the immigration debate. “Last week, opponents began to exploit the Boston Marathon bombing,” Leahy said. “I urge restraint in that regard.”
Perhaps the most prominent Republican official to have drawn a link between the bombings and the immigration reform proposal is Senator Chuck Grassley. And so, at today’s hearing, Grassley offered some curious pushback to Leahy that tells us a lot about how some conservatives are approaching both debates. Yes, Grassley actually said this:
“When you proposed gun legislation, we did not accuse you of using the Newtown killings as an excuse,” Grassley said. “I think we’re taking advantage of an opportunity when once in 25 years we deal with immigration to make sure every base is covered.”
Really? Here’s what Grassley himself said back on January 30th, over a month after the shootings:
Although Newtown and Tucson are terrible tragedies, the deaths in Newtown should not be used to put forward every gun control measure that has been floating around for years.
What’s more, Senator Rand Paul and other Republicans have accused the Obama administration of using the families as “props” in the push for gun control.
To be clear, if conservatives want to seize on the Boston bombings to make a political argument about immigration reform, that’s not necessarily something we should automatically condemn, as some Dems are doing. As Jonathan Bernstein notes, we should respond to events with politics. Politics are everywhere and they are inescapable. If major, consequential, nationally riveting events aren’t supposed to trigger debate over how we should organize ourselves and solve our problems, what should trigger it?
For the reasons I outlined this morning, I don’t believe the Boston bombings tell us anything all that relevant about how we should approach immigration reform policy. But pointing that out isn’t the same as claiming there’s anything inherently wrong or inappropriate about trying to apply an event such as the Boston bombings to the current policy debate. Substantively rebutting the argument that the bombings tell us something about how we should approach the argument over the path to citizenship is not the same as condemning the act of making that argument.
Now, it’s true that in pointing to major events to justify a political argument, one can cross the line from legit policy argument into demagoguery. For the record, I don’t think Grassley has done that yet. He merely said the bombings should be part of the discussion as we seek to determine what’s wrong with our current immigration system. That’s not the same as claiming, as others have, that the Boston bombings show that we should end the immigration reform debate entirely.
Similarly, Obama and Democrats said the Newtown shootings should be part of a broader discussion over how to respond to, and reduce, gun violence.
Grassley, however, only seems to believe this is appropriate in the case where he thinks it will help his cause.
By: Greg Sargent, The Plum Line, The Washington Post, April 22, 2013
“Politicized Identities”: Surrendering To Tribal Instincts And A Politics Of Pure Power
In a meditation on reactions to the Boston bombings and the apparent identification of the perpetrators, TAP’s Paul Waldman says something profound:
Let’s be honest and admit that everyone had a hope about who the Boston bomber would out to be. Conservatives hoped it would be some swarthy Middle Easterner, which would validate their belief that the existential threat from Islam is ongoing and that their preferred policies are the best way to deal with that threat. Liberals hoped it would be a Timothy McVeigh-like character, some radical right-winger or white supremacist, which would perhaps make us all think more broadly about terrorism and what the threats really are. The truth turned out to be … well, we don’t really know yet. Assuming these two brothers are indeed the bombers, they’re literally Caucasian, but they’re also Muslim. Most importantly, as of yet we know absolutely nothing about what motivated them. Nothing. Keep that in mind.
But for many people, their motivations are of no concern; all that matters is their identity.
He goes on to talk about the tendency of U.S. conservatives to reduce large proportions of the human race–including many Americans–to an identity-imputed barbarism that makes them perfect enemies and thus not worth understanding. But it’s sometimes a problem for liberals as well–certainly those who assume that being a white Christian male from the South is an identity that connotes an incorrigible cultural and political enemy (you can see why that might bother me).
But there are two other reasons liberals ought to be especially careful about identity politics–it abolishes the restraining power, real if sometimes attenuated, of universalistic liberal values on those who would otherwise run amok with greed and other forms of tribal and individual self-interest, and it sets up a power contest between identity groups in which those who already have power–typically wealthy white men–are probably going to win. Even if you buy a “fundamentals” analysis of politics as mainly about who we are and what we are statistically likely to believe or vote for, there is a zone, sometimes small but critical, of shared values and rational persuasion that matters on the margins all of the time and in the center of political discourse at least some of the time. That narrow zone is sometimes what separates democratic politics from the ethos of the Thirty Years War.
Look, we all make judgments about groups of people who are antagonistic to our point of view. I routinely say highly disparaging things about the conservative movement and the Republican Party, as they exist today. But I do try to pay attention to what they actually say and their justifications for saying it, which is why, to the anger of some of my political allies, I tend to take conservatives at their word that they believe zygotes are human beings or that the weight of history militates in changes in family structure or that capitalism is the only successful model for wealth creation. I could just dismiss them all as depraved crypto-fascists or as puppets for various puppet-masters, but if that’s the case, what’s the point of writing or contending over politics?
There are real and obvious meta-forces in political life that transcend reason or empirical data or any effort at persuasion, and they are often associated with “politicized identities.”But if we don’t constantly try to understand the motivations beneath these identities and pry them loose into that free air where sweet reason and cooperation can take hold, then we surrender to tribal instincts and a politics of pure power in which not one of us truly ever matter.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, April 19, 2013
“Leaning Towards Darkness”: The Mind Of A Terror Suspect
While the Boston area lay paralyzed by a lockdown, with one terror suspect dead and another on the loose as a massive manhunt filtered through the area’s arteries, we got a better sense of the second young man.
It’s complicated.
The suspects were brothers. The one who was on the loose was taken into custody on Friday evening. He was the younger of the two, Dzhokhar Tsarnaev, 19. The elder, Tamerlan Tsarnaev, 26, was killed in a confrontation with authorities, but not before participating in the fatal shooting of an M.I.T. police officer, the carjacking of an S.U.V. and the shooting of a transit police officer, who was critically injured.
They were of Chechen heritage. Tamerlan was a boxer; Dzhokhar, a college student.
“A picture has begun to emerge of 26-year-old Tamerlan Tsarnaev as an aggressive, possibly radicalized immigrant who may have ensnared his younger brother Dzhokhar — described almost universally as a smart and sweet kid — into an act of terror,” The Boston Globe reported Friday.
The Globe quoted a person named Zaur Tsarnaev, who the newspaper said identified himself as a 26-year-old cousin of the suspects, as saying, “I used to warn Dzhokhar that Tamerlan was up to no good.” Tamerlan “was always getting into trouble,” he added. “He was never happy, never cheering, never smiling. He used to strike his girlfriend. He hurt her a few times. He was not a nice man. I don’t like to speak about him. He caused problems for my family.”
But what about that image of Dzhokhar as sweet?
On Friday, BuzzFeed and CNN claimed to verify Dzhokhar’s Twitter account. The tweets posted on that account give a window into a bifurcated mind — on one level, a middle-of-the-road 19-year-old boy, but on another, a person with a mind leaning toward darkness.
Like many young people, the person tweeting from that account liked rap music, saying of himself, “#imamacbookrapper when I’m bored,” and quoting rap lyrics in his tweets.
He tweeted quite a bit about women, dating and relationships; many of his musings were misogynistic and profane. Still, he seemed to want to have it both ways, to be rude and respectful at once, tweeting on Dec. 24, 2012: “My last tweets felt too wrong. I don’t like to objectify women or judge anyone for their actions.”
He was a proud Muslim who tweeted about going to mosque and enjoying talking — and even arguing — about religion with others. But he seemed to believe that different faiths were in competition with one another. On Nov. 29, he tweeted: “I kind of like religious debates, just hearing what other people believe is interesting and then crushing their beliefs with facts is fun.”
His politics seemed jumbled. He was apparently a 9/11 Truther, posting a tweet on Sept. 1 that read in part, “Idk why it’s hard for many of you to accept that 9/11 was an inside job.” On Election Day he retweeted a tweet from Barack Obama that read: “This happened because of you. Thank you.” But on March 20 he tweeted, “Evil triumphs when good men do nothing.” This sounds like a take on a quote from Edmund Burke, who is viewed by many as the founder of modern Conservatism: “The only thing necessary for the triumph of evil is for good men to do nothing.”
Dzhokhar Tsarnaev had strong views on the Middle East, tweeting on Nov. 28, “Free Palestine.” Later that day he tweeted, “I was going to make a joke about Hamas but it Israeli inappropriate.”
Toward the end of last year, the presence of dark tweets seemed to grow — tweets that in retrospect might have raised some concerns.
He tweeted about crime. On Dec. 28 he tweeted about what sounds like a hit-and-run: “Just saved a bunch of money on my car insurance by switching my car into reverse and driving away from the accident.” And on Feb. 6 he tweeted, “Everything in life can be free if you run fast enough.”
He posted other tweets that could be taken as particularly ominous:
Oct. 22: “i won’t run i’ll just gun you all out #thugliving.”
Jan. 5: “I don’t like when people ask unnecessary questions like how are you? Why so sad? Why do you need cyanide pills?”
Jan. 16: “Breaking Bad taught me how to dispose of a corpse.”
Feb. 2: “Do I look like that much of a softy?” The tweet continued with “little do these dogs know they’re barking at a lion.”
Feb. 13: “I killed Abe Lincoln during my two hour nap #intensedream.”
The last tweet on the account reads: “I’m a stress free kind of guy.” The whole of the Twitter feed would argue against that assessment.
By: Charles M. Blow, Op-Ed Columnist, The New York Times, April 19, 2013
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