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“A Double Standard For Gun Use”: The Culprit In Florida Is A Set Of Gun Laws That Are Far Too Murky

Two Floridians accused of misbehaving with a gun are out on bond. The similarities end there.

George Zimmerman, who famously shot and killed an unarmed teenager in a racially-charged case, was acquitted of the killing because jurors determined he acted in self-defense. No one can know exactly what transpired when Zimmerman and young Trayvon Martin tussled on the street in the twilight, but we do know that Zimmerman got out of his car to follow or confront Martin before the shooting.

And if Zimmerman (whose previous aggressive behavior was not disclosed to the jury) was trying to convince the world he is simply a gentle, law-abiding person who felt threatened and shot a dangerous teenager, he’s blown that strategy. Since the acquittal, Zimmerman has posed for pictures at a gun manufacturer, been arrested for speeding (seeming stunned when the officer didn’t recognize him) and gotten into a domestic dispute with his estranged wife. And recently, Zimmerman was at it again, charged with pointing a gun at his girlfriend, breaking a glass table, forcing her out of her home and barricading himself in the house. Perhaps more telling, Zimmerman then called 911 himself – even though police were already on the way – to, as he said, tell his side of the story. He called his girlfriend “crazy.”

That she may be, colloquially speaking, given her decision to get involved with someone with a violent past. But the event certainly indicates a pattern, one in which Zimmerman uses guns to get his way. He’s out on $9,000 bond as he awaits the adjudication of the domestic abuse case (and has asked for police to return his phones, flashlight and knife).

Another Floridian, Marissa Alexander, has not had it so easy.

Alexander, too, is now out on bond in a case involving alleged domestic violence. But she’d been in jail since last year waiting for it.

Alexander says she, too, was feeling threatened by her husband when she fired what she said was a “warning shot” to fend him off. The bullet hit a wall and no one was hurt, but Alexander was nonetheless sentenced to a mandatory 20 years behind bars for her behavior. The judge rejected her assertion of Florida’s “stand your ground” law, saying that Alexander could have simply run off instead of going to fetch her gun.

That sounds reasonable – except this: Why is it that Zimmerman, after calling police to report the allegedly suspect Martin, nonetheless got out of his car to follow the teenager? Zimmerman isn’t a police officer (though it’s clear he wanted to be one). He could have not just run away, but actually driven away, to avoid a confrontation. Nor was there any indication Martin had ever threatened Zimmerman before that time.

So why would Alexander get 20 years in prison while Zimmerman was let free to point his gun, again, at another person? Certainly, juries react differently to different people and circumstances (and race and gender, too). But in this case, the culprit is not the peculiarity of the juries. It’s a set of gun laws that are far too murky for anyone – be it the carrier of the gun or the jury judging him or her – to determine when it’s OK to defend yourself with a gun and when it is not.

Alexander was released on bond last week as she awaits a new trial on the gun charge. She’ll be under house arrest and electronic monitoring. Zimmerman, meanwhile, is readying for another episode of the Zimmerman Show – a storyline that is getting alarmingly predictable.

 

By: Susan Milligan, Washington Whispers, U. S. News and World Report, December 2, 2013

December 3, 2013 Posted by | Domestic Violence, Gun Violence | , , , , , , , | Leave a comment

“Rick Scott Stands Alone”: No One Wants To Be The Governor’s Running Mate In 2014

Florida Gov. Rick Scott’s (R) re-election bid will be challenging. Between his poor record, weak poll numbers, and credible challenger, the Republican is going to need some help to get another four years in Tallahassee.

But if he’s hoping on getting that help from his lieutenant governor, Scott should prepare a back-up plan.

In March, an ugly scandal unfolded and Lt. Gov. Jennifer Carroll (R) was forced to abruptly resign from office. Though Carroll has not yet faced criminal charges, her company is accused of helping oversee a fraudulent veterans’ charity and using gambling at Internet cafes to launder money.

The governor wasn’t connected to the scandal, but it nevertheless left Scott looking for a new #2 in his administration, who can also serve as his running mate during the 2014 campaign. How’s the search going? Not well (thanks to my colleague Tricia McKinney for the heads-up).

Seminole County Sheriff Don Eslinger on Monday formally declined Gov. Rick Scott’s offer to be considered as a possible lieutenant governor, becoming the second person on Scott’s four-person short list to turn him down.

Eslinger sent an email to his staff saying he was “flattered and honored” to be considered but that he will keep the job that he was first elected to in 1990. Last week, St. Johns County Superintendent of Schools Joseph Joyner also rejected Scott’s offer.

In case this wasn’t obvious, the Tampa Bay Times report added that the withdrawals from two of Scott’s top contenders “create the perception that no one wants to be the governor’s running mate in 2014.”

Yes, actually it does. Indeed, the Miami New Times added, “It seems almost too obvious to state that a key requirement of being lieutenant governor is actually wanting to be lieutenant governor, but that’s apparently something Gov. Rick Scott didn’t take into account during his long, dragged-out search to replace disgraced ex-Lt. Gov. Jennifer Carroll…. It’s not exactly good news when the two lowest-profile candidates on the list announce they have no interest in the job.”

The governor apparently had a short-list of four, which is now down to two – a state senator and a county commissioner, both of whom are from the Tampa area.

If they also decline, I’d just note that Florida has a 7% unemployment rate, so presumably the Republican governor will find someone who’s available and willing to stand alongside Rick Scott for the next five years.

 

By: Steve Benen, The Maddow Blog, November 27, 2013

November 30, 2013 Posted by | GOP, Rick Scott | , , , , | Leave a comment

“Obstructing Obamacare Navigators”: The Republican Suppression Syndrome Continues

On August 15th, Jodi Ray, a project director at Florida Covering Kids and Families, a University of South Florida program that works to get uninsured children access to health care, won a federal grant to hire ninety people as health-care “navigators”: workers who will help applicants apply for insurance through the exchanges set up as part of the Affordable Care Act. In states that declined to set up their own exchanges, like Florida, the Department of Health and Human Services awarded funding worth sixty-seven million dollars for outreach efforts to help the uninsured enroll through the federal marketplace. Nearly four million people in Florida are uninsured—the third highest figure in the country—and Ray had six weeks to recruit staff from community-service groups in sixty-four counties across the state, and guide new hires through twenty hours of online federal training attached to her grant.

“But our navigators don’t only have to comply with federal requirements for the training,” Ray said. “We have state requirements that we have to comply with, too.” Last spring, the Florida legislature, apparently concerned that swindlers would land jobs as health-care experts with access to Social Security numbers and tax information, decided that the navigators should undergo fingerprinting and criminal background checks, and barred them from visiting state-run health clinics. Ray preferred not to comment on what the advocacy group Healthcare For America Now calls “navigator-suppression measures.” She only said, “I’m keeping my head down, the noise out, and focusing on what we are supposed to be doing.”

After the government shutdown ended, attention shifted to the blips and seizures bedevilling the federal marketplace’s Web site, healthcare.gov. Thirty-four states, all but seven of them Republican-controlled, chose not to set up their own exchanges, leaving hundreds of millions of dollars in outreach funding on the table, and forcing their residents onto the federally-operated Web site at the center of the current uproar. Twenty-one of those states are also expected to refuse nearly three hundred billion dollars in federal funding to expand Medicaid coverage over the next decade, which would have extended care to more than six million people; a majority of those excluded will likely be African-Americans and single mothers. To compound the effects of their recalcitrance, conservative governors, state legislators, and members of Congress have also passed navigator-suppression measures in thirteen states—Arkansas, Florida, Georgia, Iowa, Illinois, Indiana, Maine, Missouri, Montana, Ohio, Tennessee, Texas, and Wisconsin—home to seventeen million people without insurance who are eligible for coverage under the A.C.A.

Two weeks after Ray received her grant, she was notified by the House Energy and Commerce Committee that she would have to participate in a phone interview with the committee’s staff in September; she was also asked to give written answers to half a dozen questions from the committee and provide “all documentation and communication related to your Navigator grant.” Similar notifications were sent to navigator offices in eleven of the most underinsured states in which residents will need to use the federal health-care exhange—including Texas, Florida, and Georgia, home to about a quarter of the nation’s uninsured. Representative Henry Waxman, a Democrat from California, protested, in an open letter to the committee’s chairman, Michigan Republican Fred Upton, that the requests appeared “to have been sent solely to divert the resources of small, local community groups, just as they are needed to help with the new health care law.”

On September 18th, Darrell Issa, the Republican chairman of the House Committee on Oversight and Government Reform, released a report that singled out Florida as the site of “numerous reports of scam artists posing as navigators and Assisters to take advantage of people’s confusion about ObamaCare.” On October 2nd, Fox News aired footage of volunteers for Get Covered America, a non-profit advocacy campaign, going door-to-door in a Miami suburb to distribute flyers about the new insurance marketplace—but wrongly identified them as federally-funded navigators, giving the impression that these “navigators” were hawking plans like pushy insurance salesmen. Upton linked to the report on his Web site. Ray, who still spends much of her time getting new navigators licensed while the federal government fixes the Web site’s glitches, was reticent about discussing the maelstrom of controversy. “It’s been busy,” she said.

As these tactics jam up early efforts in many states, they also amplify the contrast with successful rollouts in states that have wholeheartedly embraced the new law, like Colorado, Connecticut, New York, Kentucky, and Washington.

Elisabeth Benjamin, who leads New York’s largest team of navigators at the Community Service Society, spent much her early career improving health-care capacity in developing countries like India, Tunisia, and postwar Iraq—where, she said, people often told her, “I don’t understand why you’re in our country. You have a lot of problems with health care and poor people in your country.” Back home, she started a health-law unit at the Legal Aid Society to assist low-income New Yorkers with unforgiving medical bills. In 2008, she unveiled an insurance ombudsman program at C.S.S. to help people at every income level understand their options for medical coverage. “If you need a loaf of bread, it’s a buck,” she said, explaining health care’s central distinction from other forms of assistance. “If you need a transplant, it’s five hundred thousand dollars.”

Around the same time Benjamin was starting her program, Eliot Spitzer, then the governor of New York, proposed statewide health-care reform similar to the law Massachusetts had passed four years earlier. Vermont’s legislature had expanded coverage, and Arnold Schwarzenegger had made national news by calling for a similar program in California. Benjamin joined an affordable-health-care advocacy campaign, Healthcare for All New York, and testified before the New York State Legislature. “We just assumed there would be a state-by-state movement to extend coverage,” Benjamin said. But two years later, the Obama Administration, with the help of a Democrat-controlled House and Senate, passed the Affordable Care Act. New York’s governor, Andrew Cuomo, along with the state legislature in Albany, accepted the expansion of Medicaid, and the state established its own online exchange. After the Supreme Court upheld the constitutionality of Obamacare, in June, 2012, Cuomo released a statement that said, “We look forward to continuing to work together with the Obama administration to ensure accessible, quality care for all New Yorkers.”

That spirit of coöperation has been integral to New York’s early success. Elisabeth Benjamin, in New York, and Jodi Ray, in Florida, offer exactly the same services to people who were previously unable to obtain medical coverage: they help determine voucher amounts, parse available options, and submit applications online, over the phone, or through the mail. But because New York set up its own exchange, the state received twenty-seven million dollars to fund its navigators, while Florida has just eight million dollars for outreach. Benjamin, who is herself a trained navigator, conceded that there were glitches on New York’s Web site the first week, but said that most of them have been resolved. In the second week, she helped enroll a woman who had worked as a home-health-care aid for twenty years, earning around twenty-four thousand dollars annually. Home health care “has to be the hardest job in America—so physically taxing and emotionally draining,” Benjamin said. “And we don’t give them health coverage. Are you kidding me? They’re part of the health-care system.” Benjamin helped find a plan for the woman that costs seventy-two dollars a month. “I was crying,” Benjamin said. “That’s what it’s all about.”

For the A.C.A. to succeed in its goal of providing coverage for all citizens at an overall reduction in cost, a critical mass of people—old and young, sick and healthy—will need to participate in the insurance exchanges. As of October 23rd, New York had enrolled thirty-seven thousand people, more than twice the goal set by H.H.S. for the entire month of October. Florida won’t know how many people have enrolled until H.H.S. releases its figures sometime in November. The Congressional Budget Office has estimated that a total of seven million people nationwide could enroll in the first year. But Dr. Kavita Patel, a health-care-reform expert at the Brookings Institution, and a former policy advisor in the Obama Administration, told me, “If by the end of 2014 there are three million people enrolled, that would be a success.” The politicians who are currently bemoaning the looming failure of Obamacare might consider doing more to help navigators like Jodi Ray make it work.

 

By: Rob Fischer, The New Yorker, November 1, 2013

November 6, 2013 Posted by | Affordable Care Act, GOP, Republicans | , , , , , , | Leave a comment

“A Pliable Opportunist”: Spinning With The Political Winds, Marco Rubio Is Becoming The Next Mitt Romney

The Great Marco Rubio Recalibration continues.

Months after helping the Senate pass a sweeping immigration reform bill, the junior Republican senator from Florida has dropped his support for the legislation, saying he now favors a targeted, piecemeal approach to the issue.

It’s a stunning about-face from earlier this year, when Rubio’s soaring rhetoric and tireless efforts helped propel a comprehensive, bipartisan bill to a successful vote. And with that, Rubio risks appearing to have flip-flopped on a defining issue even faster than you can say “Mitt Romney.”

With the House resistant to take up a comprehensive immigration bill, Rubio’s spokesman on Monday said he believes a piecemeal approach is the only way anything will get done.

“The point is that at this time, the only approach that has a realistic chance of success is to focus on those aspects of reform on which there is consensus through a series of individual bills,” Rubio spokesman Alex Conant told Politico. “Otherwise, this latest effort to make progress on immigration will meet the same fate as previous efforts: Failure.”

Of course, a piecemeal approach will almost surely doom meaningful reform. The whole point of a comprehensive approach is give each side something they want, such as a pathway to citizenship for Democrats and tougher workplace enforcement for Republicans.

Conant added that Rubio always preferred a piecemeal approach (though many would debate that), but worked with the Gang of Eight anyway “despite strong opposition within his own party and at a significant and well documented political price.”

That gets at another force pushing Rubio away from his own bill: Public opinion. Or, more accurately, Republican public opinion.

Rubio’s standing within the GOP eroded all year as he was unable to convince skeptical conservatives the immigration bill was more than just amnesty for undocumented workers. Once one of the most popular GOP senators in the country, his approval rating slid into negative territory in his home state, and he fell to the middle of the pack in hypothetical polls of the 2016 GOP field.

To stem the bleeding, Rubio tiptoed away from the bill since its passage in June, saying after the government shutdown that President Obama had “undermined” the bill’s odds of passing by refusing to negotiate with Republicans over budget matters. Even before that, he took a backseat in finalizing the bill while two other GOP senators stitched together an almost comically robust border enforcement provision to win over the necessary Republican votes.

Though Rubio may indeed have preferred piecemeal bills all along, his walk-back could wind up earning him a reputation as a pliable opportunist.

“I’m not sure it has ever happened before that an architect of major legislation in the Senate has basically opposed its passage in the House,” Rich Lowry wrote in National Review. “The politics of this aren’t great for Rubio,” he added, saying the freshman senator would surely “take another hit, understandably, for his inconstancy.”

Inconstancy, though not unheard of in politics, is not a good habit to form. Accusations of flip-flopping dogged Mitt Romney’s presidential campaigns and kept him from winning over dubious voters. He tried to position himself, after years of presenting a moderate exterior, as a “severe conservative” to capture the GOP nomination. And, like Rubio, he ran away from his most visible legislative achievement: RomneyCare.

The move to the right didn’t work out so well for Romney, only further cementing his image as a man without convictions.

Rubio hasn’t earned himself quite the same reputation, and we’re a long way from 2016. But if he makes a habit of spinning with the political winds, the GOP will begin to see him less as the party’s savior, and more as the second coming of Mitt Romney.

 

By: Jon Terbush, The Week, October 28, 2013

October 29, 2013 Posted by | Immigration Reform | , , , , , , , | Leave a comment

“These [Expletives] Always Get Away”: George Zimmerman “Gets Away” With Gunplay Yet Again

Once again, a 911 call to police involving George Zimmerman sends chills down the spine. This time it’s Shellie Zimmerman, calling the cops on her estranged husband, the killer of Trayvon Martin who was acquitted of second-degree murder charges in July. And if you have followed the Zimmerman case as closely as I have the five-minute call and the aftermath will give a sickening sense of deja vu.

“[H]e’s in his car,” Shellie tells police. “And he continually has his hands on his gun and he keeps saying, ‘Step closer.” He’s just threatening all of us with his firearm — and he’s going to shoot us.” She tells the dispatcher that George “accosted my father” and “punched my dad in the nose.” In addition, he “took my iPad out of my hands and smashed it.”

As scary as that sounds, it’s what Shellie says next that is frightening. “I’m really, really afraid,” she said. “I don’t know what he’s capable of. I’m really, really scared.” At one point, she yells at her father to “get back inside; George might start shooting at us.”

Listening to the call, my thoughts went to Witness No. 9 in the Zimmerman case. She was the relative who called the Sanford Police Department just days after Zimmerman killed Trayvon on Feb. 26, 2012. During the call, she accused Zimmerman of being a racist she said,  “He would start something. He’s a very confrontational person. It’s in his blood. Let’s just say that.”

The punch to Shellie’s father’s nose reminded me of the altercation between Zimmerman and Trayvon. Remember, Zimmerman said Trayvon “sucker punched” him in the nose before the tussle that led to the unarmed 17-year-old’s death. And George’s counter-claim that Shellie was the aggressor today at her parents’ home in Lake Mary, Fla., is a near-replay of what happened in Aug. 2005. Back then, Zimmerman’s former fiance sought a restraining order against him because of domestic violence. So, he sought a restraining order against her in return.

Since Zimmerman was acquitted in July, he has been in the news for touring the headquarters of the manufacturer of the gun he used to kill Trayvon and for two speeding violations. He was let off with a warning each time. Today, Zimmerman was not arrested today, but he was questioned by police. And because Shellie and her father have declined to press charges against Zimmerman, he was free to go. “We have no victim, no crime,” Lake Mary police chief Steve Bracknell said.

The night Zimmerman shot and killed Trayvon he called the non-emergency line at the Sanford, Fla., police department. “These [expletive], they always get away,” he said. Just a little bit of history repeating, I suppose.

 

By: Jonathan Capehart, The Washington Post, September 9, 2013

September 10, 2013 Posted by | Domestic Violence, Gun Violence | , , , , , , | 1 Comment