Communion Of Dreams


The real point is . . .
October 9, 2010, 11:44 am
Filed under: ACLU, Civil Rights, Government, MetaFilter, Privacy, Terrorism, Wired

OK, news of this has been making the rounds:

Caught Spying on Student, FBI Demands GPS Tracker Back

A California student got a visit from the FBI this week after he found a secret GPS tracking device on his car, and a friend posted photos of it online. The post prompted wide speculation about whether the device was real, whether the young Arab-American was being targeted in a terrorism investigation and what the authorities would do.

It took just 48 hours to find out: The device was real, the student was being secretly tracked and the FBI wanted its expensive device back, the student told Wired.com in an interview Wednesday.

* * *

Afifi’s encounter with the FBI ended with the agents telling him not to worry.

“We have all the information we needed,” they told him. “You don’t need to call your lawyer. Don’t worry, you’re boring. “

Most of the discussion I’ve seen about this has revolved around the government’s right to attach such a device to a vehicle without a warrant or the implications that there is some kind of internet-monitoring protocol in place which caught the posting of the image of the device on Reddit. Valid concerns, though I don’t find it surprising in the slightest that either thing is happening in our current security environment.

But the real point is what someone on MetaFilter said in a discussion on the topic:

All other things aside, when the government says “you don’t need to call a lawyer”, you should probably call a lawyer.
posted by davejay at 10:33 PM on October 8

Yeah, exactly. Why in the hell would you believe such a reassurance? And that’s just in terms of your personal interest. There is also a broader public interest in calling in the lawyers: this sort of crap has to be challenged. There are legitimate security concerns in this world, but just taking the government’s word for it is very dangerous. I’m glad the ACLU has decided to get involved, according to the article. It’ll be interesting to see how this plays out.

Jim Downey



The other shoe drops.
September 21, 2010, 9:49 am
Filed under: Civil Rights, Constitution, Failure, Government, Predictions, Press, Society

Back in May I wrote about the drug raid debacle that happened here in Columbia which got world-wide attention when the video of the raid went viral.

After initially handling the whole mess poorly, our (new since the raid) Police Chief has taken significant and substantial steps to address the root problems that led to the raid, and subsequent police actions have shown that those steps are working as intended. No longer is the city’s SWAT team called out to serve routine search warrants, and there have been several large scale drug busts that demonstrate the other changes are being observed. This is a very good and very welcome change, and the new policy seems to be working as intended.

And yet I am happy that another aspect of this whole matter has just been put into motion: the filing of a lawsuit by the family targeted in the initial raid. From the newspaper account:

A civil suit was filed around noon today in Jefferson City’s U.S. Western District Court against the city of Columbia and 13 other defendants concerning a February drug-related SWAT raid in southwest Columbia.

* * *

The suit seeks restitution for damages to personal property and medical and veterinary expenses, Harper said. Bullet holes, a dead dog and another wounded dog resulted in thousands of dollars in damages, he said. The suit is filed against the police officers who were on scene for the incident and their contribution toward the violation of the plaintiffs’ constitutional rights, he said.

“This is all about demanding professionalism from our law enforcement agencies,” Harper said.

Exactly right.

The policy changes instituted are good. But policy can be changed back entirely too easily. It is critically important that our police department, and our city, understand that there is a very real cost associated with that previous behaviour. That way they won’t have any incentive to return to it in the future.

Now, I am not happy, as a taxpayer, that any settlement or judgment arising from this suit will likely come out of the city’s coffers (some of it may be offset by insurance, but I bet the city will be held liable for most if not all of the cost). It means less money for the city to do other, more constructive things. But such is the cost of supporting the civil rights of all of us.

Jim Downey



Happy Birthday.
July 4, 2010, 8:34 am
Filed under: Civil Rights, Constitution, Government, NPR, Politics

IN CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen united States of America,

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From the National Archives. And, as always, powerfully read on NPR.

Jim Downey



Grumblegrumblegrumble…
July 2, 2010, 11:12 am
Filed under: Book Conservation, Civil Rights, Government, Privacy, Society

I agreed some weeks back to help out a friend and teach a book-arts class at one of the local colleges for a two week ‘camp’ thing they do to interest high school students in the school. The pay is less than I’d bill for one solid day’s work, but I do enjoy teaching my craft now and again – you get a fresh perspective from young students that is hard to find anywhere else.

Anyway, this morning I had to go over to the campus HR department and fill out all the necessary paperwork to be allowed this honor. Most of it was the usual junk you expect from any employer – wage and tax forms, et cetera. They also had a confidentiality agreement I had to complete – fine, as I doubt I will have any information in my hands at any time that I *could* disclose. And then I came to the form allowing a background check.

Whoa.

I know that it is routine. And I know that it is required, to protect the school from employing some kind of child molester. But had I not already given my friend a commitment to teach the class, I would have just left the paperwork on the desk and walked out.

No, I have nothing in my background which raises the slightest concern. I couldn’t have passed a CCW permit background check if I did. I just really resent having my privacy violated. Because the background check could include financial and credit reports in addition to criminal records and legal judgments – it was worded broadly enough to allow the school to do everything short of giving me a colonoscopy, if they wanted.

It’s funny. My small-“l” libertarianism seldom shows up in my day to day life. But when it comes to my privacy, I really don’t like having to hand over the keys to my life to someone else. I’ve got nothing to hide, but I hate having to let others root around and see that for themselves.

Damn, I hate starting a holiday weekend devoted to liberty with this taste in my mouth. Maybe that’s why it’s bugged me so much.

Jim Downey



Following up.

I was gone over the weekend, and didn’t get back home until last evening. Since returning, I’ve been playing a little catch-up to our drug raid debacle, which has continued to get attention nationwide. So, some quick follow-up . . .

First, the issue hasn’t died down at all. The YouTube vid in question has now been seen by almost a million people, and the issue has now shifted from being one about pot laws to being more one about civil liberties in general and the use of paramilitary force by police in specific. It’s not often that I am in agreement with political commentary on FOX News, but this whole interview from yesterday is almost something that I could have written.

The initial response from the mayor and police chief last Thursday was seen as entirely inadequate, and yesterday afternoon the Chief held another press conference to announce a number of changes. The Missourian has the best coverage of this news conference so far. Here’s a bit from that article:

The changes include:

  • A captain in charge of the area where the raid is to take place has to approve the operation.
  • The location has to be under constant surveillance once the warrant has been issued.
  • A raid is not to take place when children are present except “under the most extreme circumstances,” Burton said.

“We will always police with common sense,” he said.

This *is* a step in the right direction, but it hardly goes far enough, and it remains to be seen whether it does much to quiet the tumult here locally or even nationally. Why do I say this? Because they have not yet addressed the basic issue of when it is appropriate to use paramilitary levels of force. There is a growing awareness that this policy question has to be resolved: why is SWAT being used when there is not an imminent threat to the public safety? The local discussion boards have gone nuts (full link round-up of the Tribune’s coverage and discussion here) and appropriately so. Tomorrow night there will be a meeting of the new Civilian Review Board and next Monday during the regularly-scheduled City Council meeting there will undoubtedly be discussion of the matter. Supposedly, the internal review of the raid is to be completed and released later this week, and I bet that will just fuel the debate further. People are really pissed off.

This is not over. Whether it will lead to any changes here locally or perhaps even nationally remains to be seen.

Jim Downey



Well, OK then.

Yesterday I wrote about the latest local battle in the War on (Some) Drugs, which led to the shooting of two dogs, the terrorizing of a family, and the diminution of our civil rights as police departments adopt increasingly militarized tactics. But not like I was alone in this, since the story has been picked up and published in countless posts online as well as getting attention from the mainstream media. Facebook posts, hits to the YouTube vid now over 200,000 (it was 2,000 when I posted the vid yesterday), et cetera.

So, the heat is starting to build. Of course, this can’t be ignored by the local police department, so they chatted with the Tribune to give their side (a bit). And what did they say?

“It was unfortunate timing,” said Lt. Scott Young, SWAT commander. “We were in the process of considering a lot of changes. We were already having meetings to improve narcotic investigations, then this happened.”

Columbia police spokeswoman Jessie Haden said there sometimes was a lag between the time a warrant was issued and when SWAT could execute the warrant. The problem was SWAT members’ primary assignments, such as their role as beat officers or investigators, would take precedence over SWAT and they would have to work overtime to participate in SWAT operations.

Well, OK then. It was just a case of unfortunate timing. The warrant was going to run out, you see, so they *had* to act in the middle of the night when the SWAT team was available.

Er, what?

SWAT teams were developed to cope with particularly dangerous situations – something which presents a major threat to the safety of the public. They train to deploy quickly, to secure a dangerous environment while dealing with someone who is heavily armed. Almost by definition, anything which presents a major threat to the public safety and security requires a very fast response – you don’t want to leave a hostage situation hanging until you can make sure no one is going to be getting in too much overtime. And likewise, if narcotics distribution is going on, if a major drug deal is happening, you don’t want to wait more than a week to schedule your SWAT team.

In other words, if it ain’t an emergency, SWAT shouldn’t be used.

Think about that. If the situation requires the use of such militarized tactics and equipment, then how the hell can you just let it wait until you can make sure that everyone on the team has completed their other routine job requirements?

Yet that is what they did. Again, from the Tribune:

The warrant authorizing SWAT and investigators to enter Whitworth’s home was approved by Boone County Associate Circuit Judge Leslie Schneider on Feb 3., and the raid happened Feb. 11.

8 days. They waited 8 days to act. How the hell does that qualify as the sort of emergency situation for which SWAT is required?

It doesn’t.

Here’s the video, again:

Yet they had been sitting on that warrant for 8 days. 8 days during which they hadn’t even determined that there would be a child inside the home.

Welcome to your police state. When the SWAT team can be used for any police action, so long as there’s a justification of War on (Some) Drugs involved. And time to make sure the bust doesn’t mess up any of the officer’s schedules.

Jim Downey



Now it’s local.

Wait, I thought we were no longer at war with our own people? Seems someone forgot to tell the local cops, who sent their SWAT team out in the middle of the night because of a pot pipe and a misdemeanor’s worth of pot (which is decriminalized here, and subject only to a ticket).

Here’s the video. Warning, it’s tough to watch, particularly for anyone who cares for dogs:

The comments at the local paper’s site are now pushing 500 – that’s easily 2x the size of just about other story I can think of, and I pay attention to what people are thinking. And it’s been picked up by Radley Balko, who is a nationally-read proponent of limiting the militarization of police forces around the country. And folks are posting it to their Facebook pages as well as to other sites. It is, in other words, going viral.

Now, a couple of things. First, the SWAT team was executing a legal warrant, signed by a judge. Second, the warrant was issued because it was thought that the culprit was a drug dealer – not just some low-level user. Third, cops always have to make sure that they secure a site when they go on such a raid, and in doing so will use whatever force they think is necessary.

But . . .

The information provided to get the warrant was extremely poor – the police didn’t even realize the man listed in the warrant was married, nor that there was a small child in the home. This could have easily led to a tragedy. And the video, released due to Sunshine Law requests, is decidedly at odds with how this raid was characterized when it was announced by local police spokespersons (one of whom I know) back in February.

Readers of this blog will know that while I support the police (my dad was a cop, after all), I have often objected to the absurd increase in military tactics and weaponry being used at the local level – which is entirely due to the way the War on (Some) Drugs has been conducted over the last decades. The sort of things shown in this video just sour the populace on their police, and put people (including cops) unnecessarily at risk. And it is frighteningly indicative of a slide into a true police state.

Watch that video. And think – who is served by this sort of debacle?

Jim Downey



“…and thank him for taking the pistol from you when you were shooting at me. “
April 23, 2010, 9:00 am
Filed under: Civil Rights, Constitution, Government, Guns, Humor, MetaFilter, movies, Society, Violence

The news this week about the discovery of ‘lost’ documents from the coroner’s inquest following the gunfight at the O.K. Corral has fired the imaginations of many. Unsurprising, given the historical nature of that event and the number of books and movies made concerning it.

But I want to pass along something else from a little earlier in our history. It wasn’t lost, as such, but I never knew of it. And I wish I had.

It was a letter of former slave to his owner, and it provides a fascinating glimpse into the life of the man (Jourdon Anderson), and how the Civil War changed things. Here’s the introduction:

Dayton, Ohio, August 7, 1865

To My Old Master, Colonel P.H. Anderson, Big Spring, Tennessee

Sir: I got your letter and was glad to find you had not forgotten Jourdon, and that you wanted me to come back and live with you again, promising to do better for me than anybody else can. I have often felt uneasy about you. I thought the Yankees would have hung you long before this for harboring Rebs they found at your house. I suppose they never heard about your going to Col. Martin’s to kill the Union soldier that was left by his company in their stable. Although you shot at me twice before I left you, I did not want to hear of your being hurt, and am glad you are still living. It would do me good to go back to the dear old home again and see Miss Mary and Miss Martha and Allen, Esther, Green, and Lee. Give my love to them all, and tell them I hope we will meet in the better world, if not in this. I would have gone back to see you all when I was working in the Nashville Hospital, but one of the neighbors told me Henry intended to shoot me if he ever got a chance.

There’s a taste of Mr. Andserson’s wry cutting humor. There’s a bunch more in the letter, as he goes on to say that he’s willing to return to his former master but asks for back pay (and interest) for the work he and his wife did over decades as a sign of good faith of the Colonel’s intent. The letter isn’t long, and ends with this:

P.S. —Say howdy to George Carter, and thank him for taking the pistol from you when you were shooting at me.

Jourdon Anderson was evidently illiterate, and this letter was written for him (but according to his instruction.) I don’t know whether the actual phrasing was his or someone else’s. But it really doesn’t matter – it remains a masterpiece. And it is a shame that it isn’t more widely known. I don’t expect that it will ever receive the attention that the O.K. Corral documents have. But I would have to say that it is in many ways more important that those documents, for what it tells us about our history.

Jim Downey

(Via MeFi.)



Just imagine . . .
March 29, 2010, 12:20 pm
Filed under: Civil Rights, Emergency, Government, Religion, Society, Terrorism, Violence

. . . what sort of panic and chaos we’d have if there were religious nuts who killed a bunch of people because they were fighting a war of liberation:

Double suicide bombings kill 38 on Moscow subway

MOSCOW – Female suicide bombers blew themselves up Monday in twin attacks on Moscow subway stations packed with rush-hour passengers, killing at least 38 people and wounding more than 60, officials said. The carnage blamed on rebels from the Caucasus region follows the killings of several high-profile Islamic militant leaders there.

The blasts come six years after Islamic separatists from the southern Russian region carried out a pair of deadly Moscow subway strikes and raise concerns that the war has once again come to the capital, amid militants’ warnings of a renewed determination to push their fight.

Gee, I’m glad there’s nothing like that brewing here:

Militia members charged with police-killing plot

WASHINGTON – Nine suspects tied to a Christian militia in the Midwest are charged with conspiring to kill police officers, then attack a funeral in the hopes of killing more law enforcement personnel, federal prosecutors said Monday.

* * *

Once other officers gathered for a slain officer’s funeral, the group planned to detonate homemade bombs at the funeral, killing more, according to newly unsealed court papers.

According to the indictment, the idea of attacking a police funeral was one of numerous scenarios discussed as ways to go after law enforcement officers. Other scenarios included a fake 911 call to lure an officer to his or her death, or an attack on the family of a police officer.

Now, think again what would happen here if self-proclaimed “Islamic separatists” set off a couple bombs and killed a bunch of people. You’d have every Right-wing loon calling for concentration camps and martial law to deal with the threat. But since it was a Christian sect who was planning on killing gubmint agents, what do we get?

[crickets]

Exactly.

Jim Downey

(Cross posted to dKos.)



2,017,978
March 2, 2010, 6:56 pm
Filed under: 2nd Amendment, Art, Civil Rights, Government, Guns, Science

I’d had some glitches with my site stats software the last few days, but just found out that the BBTI site broke 2 million hits sometime over the weekend. The official tally is 2,017,978 hits as of 3/1/10.

Wow.

Well, at least I was right.

Two million hits.

Huh.

That’s more than twice the hits I had with the Paint The Moon project. (And yes, I do need to get that entry updated . . . ) Meaning I am twice as famous as I was before. Or something like that.

Who woulda thunk it.

More in a day or two. Fighting some kind of nasty lung virus that’s going around, and I have a thing on Friday to prepare for. *sigh*

Jim Downey




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