“Unreasonable Absolutist Death Penalties”: The ‘Stand Your Ground’ Mindset Is Flawed
Florida’s “Stand Your Ground” law was not invoked by the defense at either the trial of George Zimmerman or, more recently, Michael Dunn. But the mindset was present in both cases, and raises some troubling questions about what constitutes self-defense.
In the Zimmerman case, the defendant was acquitted of shooting an unarmed teenager, Trayvon Martin, in the chest, arguing that Martin had attacked him. Zimmerman was acquitted.
In the Dunn case, the defendant’s behavior was even more sketchy. He had pulled into a gas station, and – annoyed by what he called the “rap crap” emanating from another car there – asked the four teenagers inside to turn it down. Dunn said 17-year-old Jordan Davis then threatened him and had a shotgun, and Dunn then shot into the car. Prosecutors said there was no threat (there was, in fact, no gun in the boys’ SUV) and merely shot 10 bullets into the car because he didn’t like the loud music.
Davis was killed, and Dunn was convicted of attempted murder of the three surviving teens. The jury deadlocked over whether Dunn was guilty of fist-degree murder of Davis. From a practical standpoint, it may not matter as much – Zimmerman is free, and has spent the time doing such bizarrely inappropriate activities as posing for a photo with a gun manufacturer and getting into a fight with his girlfriend, while Dunn already faces up to 60 years in prison for the attempted murder convictions. But the mindset, that “threat” is in the eye of the shooter, endures.
Florida law says someone does not have an obligation to retreat if he or she “reasonably” believes his or her life is at stake, even if there is no actual threat. (The “Stand Your Ground” law was not specifically invoked at either trial, but the Florida self-defense statute, complete with that language, was read to the jury.) How far does one take that? State of mind is indeed a reasonable factor to consider. But putting the onus on the prosecution to prove that the defendant was not reasonably in fear for his or her life merely enables racism, xenophobia and any other kind of fear-based in bias.
Would a middle-aged white man be more “reasonable” in believing that four black teenagers were a threat, than if the ages and races were reversed? That’s not stated in the law, of course, but juries, which insert their own experiences and fears into their judgments, might think so. A woman has a far greater chance of being raped than any man of any race has of being murdered. Would that make it OK for a woman walking alone to attack or shoot a man walking past her – especially if the man were of the same race, since most rapes are intra-racial?
The problem with the standard of “reasonable” is that it isn’t reasonable at all. It puts law behind emotion and human bias.
In Virginia, current law allows farmers to shoot dogs which run after their chickens, and officers are actually required to kill a dog caught going after someone’s poultry. The state legislature recently cleared a bill that would soften that law, giving urban areas (where more people, it seems, are raising chickens) the right to ease such absolutist death penalties. If Virginia can do more to protect dogs, perhaps Florida could do more to protect people.
By: Susan Milligan, U. S. News and World Report, February 19, 2014
“Pipe Dreams Do Come True”: Former Virginia Gov. Bob McDonnell Completes His Epic Political Fall
Bob McDonnell’s only been out of office for 10 days, but his post-gubernatorial life is already off to a rough start.
On Tuesday, federal prosecutors charged the former Virginia governor and his wife, Maureen, in a corruption case over gifts the two received from the head of a dietary-supplement company. The former first couple is charged with requesting clothes, money, trips, golf accessories, and private plane rides from former Star Scientific CEO Jonnie R. Williams in exchange for their influence in helping get Star Scientific off the ground.
The most infamous favors were a $15,000 catering tab that Williams footed for the McDonnell’s daughter’s 2011 wedding and a $6,500 Rolex which Williams bought for Maureen to give to her husband. A Washington Post investigation last summer found that Williams had given more than $120,000 to Maureen McDonnell and a corporation owned by Bob McDonnell and his sister. In July, McDonnell said he would pay back all gifts from Williams.
Maureen McDonnell had bought thousands of shares in Star Scientific in 2011, and met with potential investors for the company in Florida, in addition to helping Williams get meetings with Virginia health officials. The McDonnells also hosted a launch event for the company’s dietary supplement at the governor’s mansion that fall.
The indictment lists $140,805.46 worth of property subject to federal forfeiture, including multiple pairs of Louis Vuitton shoes, two sets of golf clubs, two iPhones, and a silver Rolex engraved with “71st Governor of Virginia.”
Williams resigned as Star Scientific CEO in December. Bob McDonnell is the first Virginia governor to ever face criminal charges. He and his wife face 14 felony counts.
Even though the charges aren’t a total out-of-the-blue surprise, they are still astonishing for someone who had so many Republican hopes pegged to him. It was only a few years ago that Bob McDonnell was being mentioned as a potential future Republican vice presidential or presidential nominee. McDonnell was touted as a possible GOP savior as recently as last February. Even as late as last fall, Politico found that the governor was “defying political gravity” and was pulling off a “remarkable feat of political survival.”
In November 2009, the governor called questions about his presidential aspirations “pipe dreams down the road.” Just over four years later, “pipe dreams” seems pretty apt.
By: Matt Berman, The National Journal, January 21, 2014
“The Price For Letting Them Off Easy”: The Bush Era Starting To Take On Less Of The Flavor Of Criminality And More Of Mere Incompetence
Things that make me want to sanitize my brain by dunking my head in a bucket of iodine:
As George W. Bush’s public image improves, more former Bush officials are running for office — and are starting to tout their connections to the former president rather than running from them.
Top former Bush advisor Ed Gillespie included photos with his old boss and talked of his work in the White House in the video announcing his Virginia Senate bid on Thursday.
Gillespie isn’t the only Bush alumni looking to be on the ballot this fall. The former Republican National Committee chairman joins a long list already looking to launch their own electoral careers: Alaska Senate candidate Dan Sullivan (R); Elise Stefanik, the current GOP front-runner for retiring Rep. Bill Owens’s (D-N.Y.) seat in upstate New York; North Carolina congressional candidate Taylor Griffin (R) and West Virginia House candidate Charlotte Lane.
Former Bush officials Tom Foley (R) and Asa Hutchinson (R) are also running for governor in Connecticut and Arkansas. Neel Kashkari, who served both the Bush and Obama administration as assistant Treasury secretary running the Troubled Asset Relief Program, is mulling a bid to the GOP nominee for governor in California. One of Gillespie’s little-known Republican primary opponents, Howie Lind, served in Bush’s Department of Defense.
I know it is unrealistic to think that the Republican Party could field a nation of candidates without using anyone who served in the Bush administration, but it galls me that it might be anything but a liability.
There was way too little legal accountability for the various crimes of the Bush administration, and the effort to reach out (remember the vote on the Stimulus?) was met with a petulant stiff-arm. The result is that the Bush Era has begun to take on less of the flavor of criminality and more of mere incompetence. In reality, it was a lethal combination of both, and we should have never let America develop amnesia about that fact.
By: Martin Longman, Washington Monthly Political Animal, January 19, 2014
“Boy, How Things Have Changed”: We Will All Be Represented By Lobbyists Someday
Today, former Bush operative and tobacco lobbyist extraordinaire Ed Gillespie confirmed he is going to challenge Virginia Senator Mark Warner. This comes on the heels of news Monday that David Jolly, another lobbyist, had won the GOP primary in a special congressional election in Florida. And let’s not forget the victory of Terry McAuliffe, the Democratic lobbyist and second-worst candidate in the Virginia gubernatorial race.
Three examples makes it a trend. But what, if anything, does it herald for the future of American politics? Will Congress eventually be dominated by empty-eyed, gladhanding walking grins whose only skills are flattering the rich and powerful, and raising obscene amounts of money?
The short answer: Yes, so we might as well get used to it.
Congress was never a place where high idealism triumphed. On the contrary, for most of American history it has been dysfunctional, foolish, racist, in thrall to special interests, awash in money, and often stunningly corrupt. But, at the risk of romanticizing the past, it used to be a place that basically functioned, if you define “functioning” as “passing enough legislation to keep the country tottering along, usually after every other possibility was exhausted, and maybe even making things a little better for people every once in awhile.” It was exciting, for boring people at least, a place where ambitious strivers came for a career in political adventure and accomplishment.
But things have changed. Increasingly Congress has stopped doing anything at all, let alone anything positive, and became a place where not blowing up the world financial system for no reason is a success, and passing a budget like responsible countries do on a routine basis counts as a major accomplishment. And even then, everyone hates you for it anyway. Congress has rarely been well-liked, but it keeps setting new records in unpopularity—in November its approval rating was a record-low nine percent. Which only prompted one question: Who are these nine percent of people?
What’s more, the stupendous sums needed for a modern campaign, driven by Citizens United and the unintended consequences of the McCain-Feingold campaign finance reform law, have turned our representatives’ daily lives into one of endless begging for money. After the election, Ryan Grim and Sabrina Siddiqui wrote about the grim experience awaiting newly elected congressmen:
The daily schedule prescribed by the Democratic leadership contemplates a nine or 10-hour day while in Washington. Of that, four hours are to be spent in “call time” and another hour is blocked off for “strategic outreach,” which includes fundraisers and press work. An hour is walled off to “recharge,” and three to four hours are designated for the actual work of being a member of Congress — hearings, votes, and meetings with constituents. If the constituents are donors, all the better…It is considered poor form in Congress — borderline self-indulgent — for a freshman to sit at length in congressional hearings when the time could instead be spent raising money…
“What’s my experience with it? You might as well be putting bamboo shoots under my fingernails,” said Rep. John Larson (D-Conn.), a high-ranking Democrat.
Terry McAuliffe might not be terribly principled. But one thing he can do better than all but a handful of living humans is raise money—thanks to his utter shamelessness. Consider the time he, by his own admission, left his wife and literally newborn son in the car to raise money for the Democrats:
We got to the dinner and by then Dorothy was in tears, and I left her with Justin and went inside. Little Peter was sleeping peacefully and Dorothy just sat there and poor Justin didn’t say a word. He was mortified. I was inside maybe fifteen minutes, said a few nice things about Marty, and hurried back out to the car. I felt bad for Dorothy, but it was a million bucks for the Democratic Party and by the time we got home and the kids had their new little brother in their arms, Dorothy was all smiles and we were one big happy family again. Nobody ever said life with me was easy.
If the lobbyist-turned-politician trend continues, how much will it actually change on the Hill? After all, parties are getting better and better at enforcing ideological discipline. Devoid of any principle except their own advancement, lobbyists will serve as little more than a precisely calibrated measurement of the political influence of various interest groups and pressure groups. So to the extent that the country is well-served by actual ideological competition, lobbyist-politicians will be a reasonable proxy.
That’s the sunniest interpretation imaginable, anyway. Realistically, more lobbyist-politicians means more looted taxpayer cash stuffing plutocrats’ pockets. These brave new politicians won’t, by themselves, destroy the republic, but a Congress dominated by these money vacuums will probably be hell for the American people. Just wait until a grinning President McAuliffe signs the Chinese Lead-Based Toy Deregulation Act of 2024.
By: Ryan Cooper, The New Republic, January 16, 2014
“Liz Cheney Goes Home To Washington”: At Least Now She Can Stop Pretending She Lives In Wyoming
Liz Cheney, who was trailing in polls by somewhere between 30 and 50 points, announced today that she is ending her Senate primary campaign against Republican Mike Enzi, a campaign that had been launched on the premise that Enzi, a man with a 93 percent lifetime American Conservative Union score, was a bleeding-heart liberal whose efforts in the upper chamber were not nearly filibustery enough. Cheney cited “serious health issues” in her family, implying that it has to do with one of her children, though she couldn’t help wrapping it some gag-inducing baloney: ” My children and their futures were the motivation for our campaign and their health and well being will always be my overriding priority.” In any case, if one of Cheney’s children is ill, everyone certainly wishes him or her a speedy recovery. But what can we make of the failure of Cheney’s campaign?
For starters, it’s a reminder that celebrity comes in many forms, and guarantees almost nothing in electoral politics apart from some initial attention. Sure, the occasional coke-snorting TV anchor can parlay his time in front of the camera into an election win, but having a familiar name isn’t enough. If you look at all the sons, daughters, and wives (not too many husbands) of politicians who went on to get elected, the successful ones chose their races carefully, not challenging a strong incumbent in a state they hadn’t lived in since they were little kids.
As my friend Cliff Schecter tweeted, next on Liz Cheney’s agenda is moving back to Virginia next week, then getting on Meet the Press. After all, Wyoming is a nice place to run for office from, but you wouldn’t want to live there. Or at least, you can’t live there if you want to be part of the action in Washington, and it sure seemed that Wyoming Republican voters sensed that Cheney was just a tourist in their fine state.
This is something I’ve been going on about for a long time, that so many conservatives wax rhapsodic about small towns and The Heartland, yet they live in big cities on the East Coast, one in particular. Now of course, it’s difficult to have a career as a pundit if you live in Buford, WY (population: 1, seriously). But that’s kind of the point. Liz Cheney grew up in Virginia because her dad was an important guy doing important things in government. It would have been ridiculous for him to keep his family back in Wyoming, all the fine opportunities for fly-fishing not withstanding, so for the Cheneys it became the place they’re from, not the place they live.
Your average conservative Republican congressman spends his time in office railing against the Gomorrah on the Potomac and extolling the virtues of the common folk back in Burgsville, but what happens when he retires or loses an election? He buys a nice townhouse in the Virginia suburbs and becomes a lobbyist, electing to live out his days in the very place he told his constituents was a hellhole he couldn’t wait to get out of.
By: Paul Waldman, Contributing Editor, The American Prospect, January 6, 2013
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