“Reckless Conduct”: The Supreme Court Just Affirmed That Domestic Violence Vacates Gun Rights; Here’s Why That’s So Important
It was a busy morning for for the Supreme Court. On Monday, the court struck down a Texas law that required Texas abortion clinics to have “admitting privileges,”and to be built up to hospital standards — even though neither make abortions much safer. It also reversed the bribery conviction of former Virginia governor Bob McDonnell.
The court also decided an important case for the future of America’s gun death epidemic. In a 6-2 vote — a notable tally on the evenly ideologically divided bench — the court ruled in Voisine v. United States that domestic violence, even unintentional or “reckless” violence, still justifies limiting access to guns. As Justice Elena Kagan wrote in her opinion, “Reckless conduct, which requires the conscious disregard of a known risk, is not an accident: It involves a deliberate decision to endanger another.”
The details of the case are fairly thorny: The court ruled that all sorts of domestic violence, even cases in which the abuser simply “consciously disregard[ed]” the effects of his or her actions, in addition to those cases in which violence was committed “knowingly or intentionally”, are grounds for precluding access to guns.
But the effects of the case are vast: Thirty-four states and the District of Colombia have defined the Lautenberg Amendment, the legislation governing the dispute in question, as including “reckless” instances of domestic violence as grounds for prohibition of gun ownership. This decision expands that standard nationwide, broadening the definition of the only federal misdemeanor that prohibits firearm or ammunition possession.
After the Orlando massacre, as politicians and concerned citizens nationwide strained to find an answer for the kind of mass-casualty hate crime Omar Mateen carried out, a small handful pointed out an obvious red flag: Mateen was an extremely abusive romantic partner.
And although he had no criminal record in adulthood, as details about Mateen’s past became more widely available, so too did the argument that domestic violence is often a predictor of gun violence. Huffington Post reported today:
Domestic violence and guns are known to be a deadly combination. Experts say that if an abuser has access to a gun, victims are five times more likely to be killed. A study published earlier this year found that simply living in a state with a high rate of gun ownership increases a woman’s chance of being fatally shot in a domestic violence situation.
There is more than can be done to keep guns out of the hands of domestic abusers, including requiring the subjects of restraining orders to temporarily turn in their weapons, and taking guns from accused domestic abusers awaiting trial.
But the court’s decision today emphasizes one of the most overlooked truths of gun violence in the United States: Victims often personally know perpetrators.
Of women murdered by men, 93 percent in 2014 were killed by someone they knew — and the majority were intimate partners of their killers. More than half of women killed with guns in 2011 were killed in domestic disputes. And, according to a study of every available mass shooting between January 2009 and July 2014, 57 percent of them involved the killing of a family member or a current or former intimate partner of the shooter.
By: Matt Shuham, The National Memo, June 27, 2016
After failing to win the Republican nomination for president, Marco Rubio is now going back on his promise to not run for reelection to the Senate.
“Marco Rubio abandoned his constituents, and now he’s treating them like a consolation prize,” said Democratic congressman Patrick Murphy, who is running to replace Rubio.
What’s worse, Rubio is using Donald Trump’s “worrisome” candidacy, which he has supported in various forms in recent months, as an excuse for his change of heart, citing concern over Trump’s racist, sexist, and xenophobic remarks, as well as his still unknown views on other important issues.
“As we begin the next chapter in the history of our nation, there’s another role for the Senate that could end up being its most important in the years to come: The Constitutional power to act as a check and balance on the excesses of a president,” he said in a statement Wednesday announcing his bid to keep his seat.
“If he is elected, we will need Senators willing to encourage him in the right direction, and if necessary, stand up to him,”
That’s right. Rubio spent months after dropping out of the presidential election failing to rebuke Trump in any forceful way, but now plans to make Trump a central part of his campaign platform.
Although Rubio did not mention the Orlando tragedy in the statement, he previously cited it as a reason for reconsidering his decision to not run. It’s unclear what actions Rubio will pursue to prevent further massacres once in the Senate — on Monday, he voted against four gun control bills, two each from Republican and Democratic sponsors.
Rubio also happens to have one of the worst attendance records in the Senate, something Trump pointed out frequently during the Republican primaries, before Rubio dropped out and Trump encouraged him to seek reelection.
Rubio had previously pledged to support his friend, Florida’s Lieutenant Governor Carlos Lopez Cantera, in the race to replace him. Cantera scratched plans to run for Rubio’s seat after Rubio’s announcement on Wednesday.
Congressmen Ron DeSantis and David Jolly also dropped plans to reach the Senate and opened the way for Rubio.
By: Germania Rodriguez, The National Memo, June 22, 2016
“Trump Lies The Way Other People Breathe”: The Challenges In Covering Trump’s Relentless Assault On The Truth
Donald Trump must be the biggest liar in the history of American politics, and that’s saying something.
Trump lies the way other people breathe. We’re used to politicians who stretch the truth, who waffle or dissemble, who emphasize some facts while omitting others. But I can’t think of any other political figure who so brazenly tells lie after lie, spraying audiences with such a fusillade of untruths that it is almost impossible to keep track. Perhaps he hopes the media and the nation will become numb to his constant lying. We must not.
Trump lies when citing specifics. He claimed that a “tremendous flow of Syrian refugees” has been entering the country; the total between 2012 and 2015 was around 2,000, barely a trickle. He claimed that “we have no idea” who those refugees are; they undergo up to two years of careful vetting before being admitted.
Trump lies when speaking in generalities. He claimed that President Obama has “damaged our security by restraining our intelligence-gathering and failing to support law enforcement.” Obama actually expanded domestic intelligence operations and dialed them back only because of bipartisan pressure after the Edward Snowden revelations.
Trump lies by sweeping calumny. “For some reason, the Muslim community does not report people like this,” he said of Omar Mateen, the shooter in the Orlando massacre. But according to law enforcement officials, including FBI Director James B. Comey, numerous potential plots have been foiled precisely because concerned Muslims reported seeing signs of self-radicalization.
Trump lies by smarmy insinuation. “We’re led by a man that either is not tough, not smart, or he’s got something else in mind,” he said of Obama. “There’s something going on. It’s inconceivable. There’s something going on.” He also said of Obama: “He doesn’t get it or he gets it better than anybody understands — it’s one or the other and either one is unacceptable.”
You read that right. The presumptive Republican nominee implies that the president of the United States is somehow disloyal. There is no other way to read “he gets it better than anybody understands.”
Trump claims that Hillary Clinton, the all-but-certain Democratic nominee, “wants to take away Americans’ guns and then admit the very people who want to slaughter us.” Clinton has made clear that she doesn’t want to take anyone’s guns away, nor does she want to eliminate the Second Amendment, as Trump also claims. And the idea that Clinton actually wants to admit would-be slaughterers is grotesque.
I write not to defend Obama or Clinton, who can speak for themselves — and have done so. My aim is to defend the truth.
Political discourse can be civil or rowdy, gracious or mean. But to have any meaning, it has to be grounded in fact. Trump presents a novel challenge for both the media and the voting public. There is no playbook for evaluating a candidate who so constantly says things that objectively are not true.
All of the above examples come from just five days’ worth of Trump’s lies, from Sunday to Thursday of this week. By the time you read this, surely there will have been more.
How are we in the media supposed to cover such a man? The traditional approach, which seeks fairness through nonjudgmental balance, seems inadequate. It does not seem fair to write “Trump claimed the sky is maroon while Clinton claimed it is blue” without noting that the sky is, in fact, blue. It does not seem fair to even present this as a “question” worthy of debate, as if honest people could disagree. One assertion is objectively false and one objectively true.
It goes against all journalistic instinct to write in a news article, as The Post did Monday, that Trump’s national security address was “a speech laden with falsehoods and exaggeration.” But I don’t think we’re doing our job if we simply report assertions of fact without evaluating whether they are factual.
Trump’s lies also present a challenge for voters. The normal assumption is that politicians will bend the truth to fit their ideology — not that they will invent fake “truth” out of whole cloth. Trump is not just an unorthodox candidate. He is an inveterate liar — maybe pathological, maybe purposeful. He doesn’t distort facts, he makes them up.
Trump has a right to his anger, his xenophobia and his bigotry. He also has a right to lie — but we all have a duty to call him on it.
By: Eugene Robinson, Opinion Writer, The Washington Post, June 16, 2016
This is how the sausage is made:
After last weekend’s terrorist attack in Orlando, the people’s representatives in Washington scrambled to counter the growing threat to national security . . . from vegetarianism.
A nearly 15-hour filibuster by Senate Democrats to force action on keeping guns out of the hands of terrorists produced little: They’ll get a vote, but the measure is likely to be defeated by Republicans on Monday.
House GOP leadership, meanwhile, killed a Democratic effort to extend non-discrimination protections for gay people — the demographic targeted in the Orlando shooting.
But the House on Thursday did pass a plan to block the spreading menace to the U.S. military posed by Meatless Mondays.
“I rise to ensure that our men and women in uniform have options on their menu when they seek nutrition in the cafeteria,” Rep. Adrian Smith (R-Neb.) proclaimed. “Ideologically motivated activists are working to take meat off the menu in institutions across the country.”
But Rep. Peter J. Visclosky (D-Ind.) had a beef with that argument. “I appreciate the gentleman’s concern about ideological activists attacking the menus at the Department of Defense, but I do trust they will have the intestinal fortitude to resist those particular attacks,” he said. He assured his cattle-state opponent that “there is no policy under consideration to eliminate meat from the nutritional programs for our military services.”
Indeed, a Pentagon spokesman investigating the matter had found no evidence of an anti-meat campaign by Thursday night. But Smith was bullheaded in his advocacy. “Meat contains vitamins and nutrients not readily available in a plant-based diet,” he argued. “In fact, creatine, which supplies energy to muscle cells and aids in their recovery, is only found in animal products.”
The Democrat would not be branded anti-carnivore. “I did have meat at lunch yesterday. I ate meat last night,” he said. But he objected to Republicans, who like to complain about regulatory overreach, attempting to legislate menus.
“Should we start considering whether we should be using diced tomatoes in our various food service areas, or should we do whole tomatoes?” he asked. “Should we, when we serve tuna fish, have chunk white or solid white?”
Thus was the response to the Orlando atrocity. Lawmakers declined to keep guns and explosives out of suspected terrorists’ hands. They refused to extend equal protection to gay Americans. But they bravely repelled an imaginary threat to hamburgers.
Never mind that the Pentagon is attacking neither red meat nor fish nor fowl. The pro-meat forces prevailed in a voice vote.
And this was part of a profoundly depressing reaction to one of the worst mass killings the country has seen. Donald Trump implied that President Obama was in cahoots with the Islamic State and then tweeted an article from a right-wing publication saying the administration “actively supported” the terrorist group.
Even Sen. John McCain (R-Ariz.) said Obama was “directly responsible” for the attack in Orlando, before clarifying that Obama wasn’t “personally responsible.”
In the House, Republicans aped Trump’s anti-immigration histrionics by allowing votes on measures to block the “dreamers” — immigrants brought to the United States illegally as children — from serving in the military. The attempt failed by the thinnest of margins.
GOP leaders refused to vote on an amendment to the National Defense Authorization Act that would protect LGBT employees of federal contractors from discrimination. But they allowed an amendment to the same bill that would protect service members from the invented scourge of Meatless Mondays.
“I am not willing to allow activist groups to tell members of our military, who risk their lives to keep us safe, they cannot enjoy a hamburger or steak on certain days of the week,” Smith said in a statement.
On the floor, he noted an “agenda to remove meat” by the U.S. Coast Guard, which has cut meat consumption by cadets at its academy. The Coast Guard wasn’t covered under the defense bill, but Rep. Steve King (R-Iowa) still went hog wild. “Our military — we’d starve them for meat? We need them to be aggressive,” he said. He held up a photo of Norwegian troops who, he says, have Meatless Mondays and therefore can’t eat their beloved reindeer meat that day. “Let’s have a strong military,” King said. “Let them have a lot of protein.”
The House vote by itself did not protect the troops from the fanciful threat of creeping vegetarianism. The Senate, in its version of the defense bill, refused to take up a similar amendment by Sen. Joni Ernst (R-Iowa), who spoke of castrating hogs in her famous campaign ad. Ernst said, “The push for Meatless Mondays in our military is misguided.”
But this “push” is bull. The dangers our leaders won’t address — terrorists getting guns, and legal discrimination against gay people — are real.
By: Dana Milbank, Opinion Writer, The Washington Post, June 17, 2016
When Donald Trump said yesterday that President Obama was “directly responsible” for the deadliest mass-shooting in American history, it was the latest evidence of a candidate who’s abandoned any sense of propriety or decency.
Wait, did I say Donald Trump? I meant John McCain.
Republican Sen. John McCain on Thursday blamed President Barack Obama for the deadly shooting in Orlando that killed 49 club goers.
He said the president is “directly responsible for it because” of his “utter failures” in Iraq.
“Barack Obama is directly responsible for it because when he pulled everybody out of Iraq, al Qaeda went to Syria and became ISIS and ISIS is what it is today thanks to Barack Obama’s failures, utter failures by pulling everybody out of Iraq thinking that conflicts end just because we leave,” McCain told reporters on Capitol Hill, according to audio obtained by NBC News.
The senator added, “So the responsibility for it lies with President Barack Obama and his failed policies.”
It wasn’t long before McCain realized this kind of unhinged rhetoric might be problematic, so the senator soon after issued a follow-up statement saying he “misspoke.”
That’s probably not the right word. When someone says “Iraq” when they meant “Iran,” that’s misspeaking. When the chairman of the Senate Armed Services Committee delivers a 65-word rant blaming the president for a mass murder, that’s more than a slip of the tongue.
McCain added, by way of a “clarification,” that he was blaming the president’s “national security decisions” for the rise of ISIS, “not the president himself.”
How gracious of him.
The clumsy walk-back notwithstanding, what’s wrong with McCain’s argument? Everything.
Right off the bat, let’s not forget that the lunatic responsible for the Orlando massacre was not a member of ISIS. He may have been inspired in some way by the terrorists, and he may have pledged some kind of allegiance to them, but there’s no evidence at all that ISIS was somehow involved in planning and/or executing this attack.
It may be politically convenient to blame a foreign foe for an American buying guns in America and then killing Americans on American soil, but giving ISIS more credit than it deserves is a mistake.
Second, McCain’s broader point is hard to take seriously. Here’s the senator’s logic: Obama withdrew U.S. troops from Iraq in 2010, which eventually and indirectly led to the creation of ISIS, which eventually led lunatics to identify with ISIS, which eventually led to the Orlando mass-shooting.
Even putting aside the bizarre leaps of logic necessarily to adopt such a thesis, McCain is overlooking the fact that (a) he celebrated Obama’s troop withdrawal in 2010; (b) the troop withdrawal was the result of a U.S./Iraq Status of Forces Agreement negotiated by the Bush/Cheney administration; and (c) by the senator’s own reasoning, given his enthusiastic support for the war in Iraq, McCain would have to hold himself “directly responsible” for the Orlando slayings, too.
Look, I’m aware of the broader circumstances. McCain is facing a tough re-election fight in Arizona, including a competitive Republican primary. He has an incentive to say ridiculous and irresponsible things about the president, and perhaps even try to exploit a tragedy for partisan ends.
But if these are the final months of McCain’s lengthy congressional career, is this really how he wants to go out? Using the kind of rhetoric more closely associated with Trump than an ostensible Republican statesman?
Postscript: Earlier this month, a college in Pennsylvania awarded McCain a “civility” prize. Perhaps college administrators can ask for it back?
By: Steve Benen, The Maddow Blog, June 17, 2016