April 2013 archive

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here. (Click on image to enlarge.)

April 21 is the 111th day of the year (112th in leap years) in the Gregorian calendar. There are 254 days remaining until the end of the year.

On this day in 1777, British troops under the command of General William Tryon attack the town of Danbury, Connecticut, and begin destroying everything in sight. Facing little, if any, opposition from Patriot forces, the British went on a rampage, setting fire to homes, farmhouse, storehouses and more than 1,500 tents.

The British destruction continued for nearly a week before word of it reached Continental Army leaders, including General Benedict Arnold, who was stationed in nearby New Haven. Along with General David Wooster and General Gold Silliman, Arnold led a contingent of more than 500 American troops in a surprise attack on the British forces as they began withdrawing from Danbury.

Sybil Ludington (April 16, 1761- February 26, 1839), daughter of Col. Henry Ludington, was a heroine of the American Revolutionary War who became famous for her night ride on April 26, 1777 to alert American colonial forces to the approach of enemy troops.

The Ride

Ludington’s ride started at 9:00 P.M. and ended around dawn. She rode 40 miles, more than twice the distance of Paul Revere, into the damp hours of darkness. This is especially remarkable because modern day endurance horse riders using lightweight saddles can barely ride such distances in daylight over well marked courses (see endurance riding). She rode through Carmel on to Mahopac, thence to Kent Cliffs, from there to Farmers Mills and back home. She used a stick to prod her horse and knock on doors. She managed to defend herself against a highwayman with her father’s musket. When, soaked from the rain and exhausted, she returned home, most of the 400 soldiers were ready to march.

The memoir for Colonel Henry Ludington states,

Sybil, who, a few days before, had passed her sixteenth birthday, and bade her to take a horse, ride for the men, and tell them to be at his house by daybreak. One who even now rides from Carmel to Cold Spring will find rugged and dangerous roads, with lonely stretches. Imagination only can picture what it was a century and a quarter ago, on a dark night, with reckless bands of “Cowboys” and “Skinners” abroad in the land. But the child performed her task, clinging to a man’s saddle, and guiding her steed with only a hempen halter, as she rode through the night, bearing the news of the sack of Danbury. There is no extravagance in comparing her ride with that of Paul Revere and its midnight message. Nor was her errand less efficient than his. By daybreak, thanks to her daring, nearly the whole regiment was mustered before her father’s house at Fredericksburgh, and an hour or two later was on the march for vengeance on the raiders.

The men arrived too late to save Danbury, Connecticut. At the start of the Battle of Ridgefield, however, they were able to drive General William Tryon, then governor of the colony of New York, and his men to Long Island Sound.

Cross posted from The Stars Hollow Gazette

The second suspect in the Boston Marathon bombing on Monday was taken into custody last night in Watertown, MA. Nineteen year old  Dzhokhar A. Tsarnaev, was found hiding in a tarp covered boat in a backyard shortly after the “stay in place” order was lifted. He was bleeding heavily from gunshot wounds to the neck and leg. He is listed in serious condition in  Beth Israel Deaconness Medical Center, the same hospital where several of the bombing victims are recovering and his brother, Tamerlan, died of his wounds.

Boston Police commissioner, Edward Davis, thanked all who had helped in the manhunt stating, “It’s a proud day to be a Boston police officer.” Crowds lined the streets near the site of the capture, cheering the officers and other first responders as they left the scene. Crowds of relieved Bostonians gathered in the Commons chanting “USA” and “Boston” and waving American flags.

This morning, there has been no further word on Dzhokhar’s condition. The FBI has stated that he has not been read his Miranda rights at this time, citing the so-called public safety exception. Dzhokhar is a naturalized American citizen from Chechnya. Sens. John McCain (R-Ariz.) and Lindsey Graham (R-S.C.) said Dzhokhar should not be read his Miranda rights and should be questioned for “intelligence purposes.”

“It is clear the events we have seen over the past few days in Boston were an attempt to kill American citizens and terrorize a major American city,” McCain and Graham said late Friday in a joint statement. “The accused perpetrators of these acts were not common criminals attempting to profit from a criminal enterprise, but terrorist trying to injure, maim, and kill innocent Americans.” [..]

“We need to know about any possible future attacks which could take additional American lives,” they said. “The least of our worries is a criminal trial which will likely be held years from now.”

Constitution? What Constitution? Joseph Stalin would have loved these two.

Constitutional lawyer and columnist for The Guardian, Glenn Greenwald explains the “public safety” exemption:

(T)he Obama DOJ exploited and radically expanded the very narrow “public safety” exception to Miranda, which was first created in 1984 by the more conservative Supreme Court justices in New York v. Quarles, over the vehement dissent of its liberal members (Brennan, Marshall and Stevens, along with O’Connor). The Quarles court held that where police officers took a very brief period to ask focused questions necessary to stop an imminent threat to public safety without first Mirandizing the suspect, the answers under those circumstances would be admissible (in Quarles, the police apprehended a rape suspect and simply asked where his gun was before reading him his rights, and the court held that the defendant’s pre-Miranda answer – “over there” – was admissible).

The Court’s liberals, led by Justice Thurgood Marshall, warned that this exception would dilute Miranda and ensure abuse. This exception, wrote Marshall, “condemns the American judiciary to a new era of post hoc inquiry into the propriety of custodial interrogations” and “endorse[s] the introduction of coerced self-incriminating statements in criminal prosecutions”. Moreover, he wrote, the “public-safety exception destroys forever the clarity of Miranda for both law enforcement officers and members of the judiciary” and said the court’s decision “cannot mask what a serious loss the administration of justice has incurred”.

As Marshall noted, the police have always had the power to question a suspect about imminent threats without Mirandizing him; indeed, they are free to question suspects about anything without first reading them their Miranda rights. But pre-Miranda statements were not admissible, could not be used to prosecute the person. This new 1984 “public safety” exception to that long-standing rule, Marshall said, guts the Fifth Amendment’s guarantee that one will not be compelled to incriminate oneself. As he put it: “were constitutional adjudication always conducted in such an ad hoc manner, the Bill of Rights would be a most unreliable protector of individual liberties.”

As controversial as this exception was from the start (and as hated as it was among traditional, actual liberals), it was at least narrowly confined. But the Obama DOJ in 2011 wildly expanded this exception for terrorism suspects. The Obama DOJ’s Memorandum (issued in secret, of course, but then leaked) cited what it called “the magnitude and complexity of the threat often posed by terrorist organizations” in order to claim “a significantly more extensive public safety interrogation without Miranda warnings than would be permissible in an ordinary criminal case”. It expressly went beyond the “public safety” exception established by the Supreme Court to arrogate unto itself the power to question suspects about other matters without reading them their rights (emphasis added):

   “There may be exceptional cases in which, although all relevant public safety questions have been asked, agents nonetheless conclude that continued unwarned interrogation is necessary to collect valuable and timely intelligence not related to any immediate threat, and that the government’s interest in obtaining this intelligence outweighs the disadvantages of proceeding with unwarned interrogation.”

That is what Graham advocated regarding Miranda: that Tsarnaev be interrogated about intelligence matters without Mirandizing him, and that’s exactly what Obama DOJ policy – two years ago – already approved. Worse, as (Emily) Bazelon noted: “Who gets to make this determination? The FBI, in consultation with DoJ, if possible. In other words, the police and the prosecutors, with no one to check their power.” At the time, the ACLU made clear how menacing was the Obama DOJ’s attempted roll-back of Miranda rights for terror suspects.

Constitution? What Constitution? Good work, Barack.

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

April 20 is the 110th day of the year (111th in leap years) in the Gregorian calendar. There are 255 days remaining until the end of the year.

On this day in 1939, Billie Holiday records the first Civil Rights song “Strange Fruit”.

“Strange Fruit” was written by the teacher Abel Meeropol as a poem, it condemned American racism, particularly the lynching of African Americans. Such lynchings had occurred chiefly in the South but also in all other regions of the United States. He set it to music and with his wife and the singer Laura Duncan, performed it as a protest song in New York venues, including Madison Square Garden.

The song has been covered by numerous artists, as well as inspiring novels, other poems and other creative works. In 1978 Holiday’s version of the song was inducted into the Grammy Hall of Fame. It was also included in the list of Songs of the Century, by the Recording Industry of America and the National Endowment for the Arts.

In the poem, Meeropol expressed his horror at lynchings, possibly after having seen Lawrence Beitler‘s photograph of the 1930 lynching of Thomas Shipp and Abram Smith in Marion, Indiana. He published the poem in 1936 in The New York Teacher, a union magazine. Though Meeropol/Allan had often asked others (notably Earl Robinson) to set his poems to music, he set “Strange Fruit” to music himself. The piece gained a certain success as a protest song in and around New York. Meeropol, his wife, and black vocalist Laura Duncan performed it at Madison Square Garden. (Meeropol and his wife later adopted Robert and Michael, sons of Julius and Ethel Rosenberg, who were convicted of espionage and executed by the United States.)

Barney Josephson, the founder of Cafe Society in Greenwich Village, New York’s first integrated nightclub, heard the song and introduced it to Billie Holiday. Other reports say that Robert Gordon, who was directing Billie Holiday’s show at Cafe Society, heard the song at Madison Square Garden and introduced it to her. Holiday first performed the song at Cafe Society in 1939. She said that singing it made her fearful of retaliation, but because its imagery reminded her of her father, she continued to sing it. She made the piece a regular part of her live performances. Because of the poignancy of the song, Josephson drew up some rules: Holiday would close with it; second, the waiters would stop all service in advance; the room would be in darkness except for a spotlight on Holiday’s face; and there would be no encore.

Holiday approached her recording label, Columbia, about the song, but the company feared reaction by record retailers in the South, as well as negative reaction from affiliates of its co-owned radio network, CBS. Even John Hammond, Holiday’s producer, refused. She turned to friend Milt Gabler, whose Commodore label produced alternative jazz. Holiday sang “Strange Fruit” for him a cappella, and moved him to tears. Columbia allowed Holiday a one-session release from her contract in order to record it. Frankie Newton’s eight-piece Cafe Society Band was used for the session. Because he was worried that the song was too short, Gabler asked pianist Sonny White to improvise an introduction. Consequently Holiday doesn’t start singing until after 70 seconds. Gabler worked out a special arrangement with Vocalion Records to record and distribute the song.

She recorded two major sessions at Commodore, one in 1939 and one in 1944. “Strange Fruit” was highly regarded. In time, it became Holiday’s biggest-selling record. Though the song became a staple of her live performances, Holiday’s accompanist Bobby Tucker recalled that Holiday would break down every time after she sang it

   Strange Fruit

   Southern trees bear strange fruit,

   Blood on the leaves and blood at the root,

   Black body swinging in the Southern breeze,

   Strange fruit hanging from the poplar trees.

   Pastoral scene of the gallant South,

   The bulging eyes and the twisted mouth,

   Scent of magnolia sweet and fresh,

   Then the sudden smell of burning flesh!

   Here is fruit for the crows to pluck,

   For the rain to gather, for the wind to suck,

   For the sun to rot, for the tree to drop,

   Here is a strange and bitter crop.

Cross posted from The Stars Hollow Gazette

The controversial data sharing bill, Cyber Intelligence Sharing and Protection Act (CISPA) was passed by the House by a vote of 288 – 127, as 92 Democrats voted for the bill, while 29 Republicans voted against it. The bill passed without the privacy protections that civil liberties advocates felt were necessary, an objection that was echoed by the White House with a veto threat earlier this week. An attempt by the lead sponsors of the bill, Mike Rogers (R-Mich.) and Dutch Ruppersberger (D-Md.), offered an amendment to mollify the objections but privacy advocates stated that it fell short of what was needed to safeguard an individual’s right to privacy.

Amendments that were proposed to protect Fourth Amendment rights were not even allowed debate by the rules committee:

Rep. Alan Grayson, a Florida Democrat, proposed a one-sentence amendment (PDF) that would have required the National Security Agency, the FBI, Homeland Security, and other agencies to secure a “warrant obtained in accordance with the Fourth Amendment” before searching a database for evidence of criminal wrongdoing.

Grayson complained this morning on Twitter that House Republicans “wouldn’t even allow debate on requiring a warrant before a search.” [..]

CISPA is controversial because it overrules all existing federal and state laws by saying “notwithstanding any other provision of law,” including privacy policies and wiretap laws, companies may share cybersecurity-related information “with any other entity, including the federal government.” It would not, however, require them to do so. [..]

Because Grayson’s amendment was not permitted, CISPA will allow the federal government to compile a database of information shared by private companies and search that information for possible violations of hundreds, if not thousands, of criminal laws. [..]

“The government could use this information to investigate gun shows” and football games because of the threat of serious bodily harm if accidents occurred, Polis said. “What do these things even have to do with cybersecurity?… From football to gun show organizing, you’re really far afield.”

At the heart of CISPA is warrantless searches a clear violation of the Fourth Amendment which reads:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

This has had a strange effect of uniting the left and right in the opposition to the bill. The Tea Party aligned group Freedom Works issued this statement:

CISPA would allow for more information sharing between the private sector and the federal government regarding cyber security. Although this year’s CISPA is a net improvement over last year’s bill, it still leaves open concerns about private information being shared in the name of national security.

There are grave Fourth Amendment concerns with CISPA. The bill would override existing privacy laws to allow companies to share “cyber threat information” with the federal government without making any reasonable effort to strip out any personal information from the file.

They even have a site to actively Stop CISPA along with the ACLU and the Electronic Freedom Foundation. Strange bedfellows, indeed.

Passage in the Senate without addition of privacy protections is doubtful but one never knows:

The discussion now shifts to the Democrat-controlled Senate, which appears unlikely to act on the legislation in the wake of a presidential veto threat earlier this week, and an executive order in January that may reduce the need for new legislation. Today’s House vote, on the other hand, could increase pressure on the Senate to enact some sort of legislation.

Sen. John Rockefeller, a West Virginia Democrat who was involved in last year’s cybersecurity debate, said after today’s vote that “CISPA’s privacy protections are insufficient.” Still, Rockefeller said, “I believe we can gain bipartisan agreement on bills that we can report out of our committees and allow [Majority Leader Harry Reid] to bring them to the Senate floor as early as possible.”

We urge everyone to keep the pressure on the Senate and the White House by calling and e-mailing your objections:

The White House switchboard is 202-456-1414.

The comments line is 202-456-1111.

The White House email address is here

Numbers for the Senate are here.

E-mail addresses for the Senate are here

Please be polite and on point.

The late internet activist Aaron Swartz called CISPA the “The Patriot Act of the Internet”.

Contact the White House and your Senators to protect your privacy rights.