Cross posted for letting real debate take place from The Stars Hollow Gazette

Sometimes more reasonable adults need to be in charge.

Flipping Off Police Officers Constitutional, Federal Court Affirms

by Ryan J. Reilly

WASHINGTON — A police officer can’t pull you over and arrest you just because you gave him the finger, a federal appeals court declared Thursday.

In a 14-page opinion, the U.S. Court of Appeals for the 2nd Circuit ruled (pdf) that the “ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity.”

Now if we only had them in schools

Terror Tots III: Maryland Student Suspended For Use Of Finger Gun

by Jonathan Turley

We have previously seen absurd examples of disciplinary actions taken under zero tolerance rules for drugs and guns (here and here and here). This includes cases involving kids using finger guns (here). Now Roscoe R. Nix Elementary School in Montgomery County has joined these ranks by suspending a six-year-old boy for making a finger gun with his hand and saying “Pow.”

OK? Or Overkill?

Cross posted from The Stars Hollow Gazette

Last night (Jan. 1) the House of Representatives voted to make permanent the Bush/Obama tax cuts on all but the top 1% of tax payers and increasing taxes on on 77.1 percent of U.S. households, mostly because of the expiration of a payroll tax cut. With the bill set to be signed by Pres. Barack Obama, Congress and the White House move to the next manufactured crisis that this bill set up, the draconian sequester cuts to defense and non-defense spending and the debt ceiling, also a manufactured “crisis.” The bill did hold off those draconian cuts for two months, just in time for spending to hit the debt ceiling.

Pres. Obama made it clear in his address after the passage of the “Fiscal Cliff” bill, that he would not allow the debt ceiling to be used as a bargaining chip in negotiations over spending.

“I will not have another debate with this Congress over whether or not they should pay the bills that they’ve already racked up through the laws that they passed. We can’t not pay bills that we’ve already incurred.”

“If Congress refuses to give the United States government the ability to pay these bills on time, the consequences for the entire global economy would be catastrophic – far worse than the impact of a fiscal cliff.”

This bill was not the best deal as this article on the behind the scenes Senate dealings by Ryan Grym at Huffington Post tells it:

The White House sent Reid a list of suggested concessions as his staff debated what to send back to McConnell. Reid looked over the concessions the administration wanted to offer, crumpled up the paper and tossed it into his fireplace. The gesture was first reported by Politico and confirmed to HuffPost by sources with knowledge of it, who noted that Reid frequently keeps his fire going and is fond of feeding a variety of proposals to it.

Reid’s staff then called McConnell’s office with a simple message: Our last offer stands. There will be no further concessions. McConnell took to the Senate floor, complaining that he had no “dance partner” in Reid, and called Vice President Joe Biden, a man he assumed would be more willing to give. McConnell was right.

Perhaps the most important concession he wrangled from the administration, which Reid had been unwilling to make, was a two-month extension of the sequester, automatic cuts to defense spending and domestic programs that were supposed to be triggered Jan. 1. Reid wanted much more, worried that the two-month period will simply set up another colossal showdown that will also rope in the debt ceiling and funding for the government. “The deal itself is OK, but sets up Democrats for [a] worse fight and strengthens Republicans’ hand for what they really want: cuts,” said a Democratic source close to Reid. “Biden gave away the store on timeline. Two months and we’re back at this and in worse shape.”

President Barack Obama has vowed not to negotiate over the debt ceiling, but Democrats in the Senate are worried that they’ve now lost their leverage. “Everyone knew taxes would be raised on high earners,” said the Democratic source. “So with that out of the way, what do we bargain with?”

All they had to do was let the tax cuts end and pass new tax bill that included extension of unemployment benefits, ended unconstitutional the debt ceiling nonsense and added some stimulus to really create jobs, since we all know that tax cuts don’t. But no, Pres. Obama had to have this done and kept backing away from his so-called “line in the sand.”

If anyone believes at this point that Obama stand up to the threats of a government shut down by Republicans refusing to raise the debt ceiling without serious concessions on Medicare and Social Security, consider these three reasons to doubt from Jon Walker at FDL Action

1) Failure to stick to previous lines in the sand – In past negotiations Obama has failed to stick to his previous lines in the sand. Obama did not stick to his demand that the Bush tax cuts end for income over $250,000. Similarly despite saying he would not play games with the debt ceiling, Obama seemed to treat it as just another bargain chip when trying to get a deal with John Boehner.

2) Dismissing unilateral action – The Obama administration has dismissed unilateral action to address the debt ceiling. Doing something like invoking the 14th amendment would probably be the easiest way to defuse the fight, but the administration has declared that “not an option.” Even if the Obama team didn’t think it was a legally viable solution by completely removing the threat it has weakened its bargaining position.

3) Allowing the creation of a new super cliff in two months – When WP Joe Biden took over the negotiations from Sen. Harry Reid the major concession he made was to have only a two month delay of the sequestration cuts instead of a one year delay.

Meanwhile the “irrational exuberance” of Wall St’s feral children over the tax deal abounds with the markets closing on a high. Let’s see what happens in two months when we sit on the edge of another cliff.

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.

January 8 is the eighth day of the year in the Gregorian calendar. There are 357 days remaining until the end of the year (358 in leap years).

On this day in 1877, Crazy Horse and his warriors–outnumbered, low on ammunition and forced to use outdated weapons to defend themselves–fight their final losing battle against the U.S. Cavalry in Montana.

Six months earlier, in the Battle of Little Bighorn, Crazy Horse and his ally, Chief Sitting Bull, led their combined forces of Sioux and Cheyenne to a stunning victory over Lieutenant Colonel George Custer (1839-76) and his men. The Indians were resisting the U.S. government’s efforts to force them back to their reservations. After Custer and over 200 of his soldiers were killed in the conflict, later dubbed “Custer’s Last Stand,” the American public wanted revenge. As a result, the U.S. Army launched a winter campaign in 1876-77, led by General Nelson Miles (1839-1925), against the remaining hostile Indians on the Northern Plains.

On January 8, 1877, General Miles found Crazy Horse’s camp along Montana’s Tongue River. U.S. soldiers opened fire with their big wagon-mounted guns, driving the Indians from their warm tents out into a raging blizzard. Crazy Horse and his warriors managed to regroup on a ridge and return fire, but most of their ammunition was gone, and they were reduced to fighting with bows and arrows. They managed to hold off the soldiers long enough for the women and children to escape under cover of the blinding blizzard before they turned to follow them.

Though he had escaped decisive defeat, Crazy Horse realized that Miles and his well-equipped cavalry troops would eventually hunt down and destroy his cold, hungry followers. On May 6, 1877, Crazy Horse led approximately 1,100 Indians to the Red Cloud reservation near Nebraska’s Fort Robinson and surrendered. Five months later, a guard fatally stabbed him after he allegedly resisted imprisonment by Indian policemen

Cross posted from The Stars Hollow Gazette

If anyone had any doubts that the US Government is no longer a “government of the people” but of corporation and Wall St, you need only read the recently released FBI documents that labeled Occupy Wall Street a “terrorist group” and coordinated with banks and cities nationwide to suppress the protests with strong arm tactics and targeted assassinations (see pg 61 of document). This all started before the protest even began without evidence that the protests would be anything but peaceful and despite the internal acknowledgment that the movement opposed violent tactics. The documents prove that the government blatantly lied about the Department of Homeland Security involvement in coordinating the violent crackdown in New York City, Oakland and other major cities. Partnership for Civil Justice obtained the heavily redacted FBI documents revealing that the surveillance began at least a month before the protest in Zuccotti Park began and that the #OWS movement was being treated as potential criminal and terrorist activity.

The PCJF has obtained heavily redacted documents showing that FBI offices and agents around the country were in high gear conducting surveillance against the movement even as early as August 2011, a month prior to the establishment of the OWS encampment in Zuccotti Park and other Occupy actions around the country.

“This production, which we believe is just the tip of the iceberg, is a window into the nationwide scope of the FBI’s surveillance, monitoring, and reporting on peaceful protestors organizing with the Occupy movement,” stated Mara Verheyden-Hilliard, Executive Director of the Partnership for Civil Justice Fund (PCJF).  “These documents show that the FBI and the Department of Homeland Security are treating protests against the corporate and banking structure of America as potential criminal and terrorist activity.  These documents also show these federal agencies functioning as a de facto intelligence arm of Wall Street and Corporate America.”

“The documents are heavily redacted, and it is clear from the production that the FBI is withholding far more material. We are filing an appeal challenging this response and demanding full disclosure to the public of the records of this operation,” stated Heather Benno, staff attorney with the PCJF.

Author and activist Naomi Wolf reported in The Guardian that these “new documents prove what was once dismissed as paranoid fantasy: totally integrated corporate-state repression of dissent.”

It was more sophisticated than we had imagined: new documents show that the violent crackdown on Occupy last fall – so mystifying at the time – was not just coordinated at the level of the FBI, the Department of Homeland Security, and local police. The crackdown, which involved, as you may recall, violent arrests, group disruption, canister missiles to the skulls of protesters, people held in handcuffs so tight they were injured, people held in bondage till they were forced to wet or soil themselves – was coordinated with the big banks themselves.

The Partnership for Civil Justice Fund, in a groundbreaking scoop that should once more shame major US media outlets (why are nonprofits now some of the only entities in America left breaking major civil liberties news?), filed this request. The document – reproduced here in an easily searchable format – shows a terrifying network of coordinated DHS, FBI, police, regional fusion center, and private-sector activity so completely merged into one another that the monstrous whole is, in fact, one entity: in some cases, bearing a single name, the Domestic Security Alliance Council. And it reveals this merged entity to have one centrally planned, locally executed mission. The documents, in short, show the cops and DHS working for and with banks to target, arrest, and politically disable peaceful American citizens.

The documents, released after long delay in the week between Christmas and New Year, show a nationwide meta-plot unfolding in city after city in an Orwellian world: six American universities are sites where campus police funneled information about students involved with OWS to the FBI, with the administrations’ knowledge (p51); banks sat down with FBI officials to pool information about OWS protesters harvested by private security; plans to crush Occupy events, planned for a month down the road, were made by the FBI – and offered to the representatives of the same organizations that the protests would target; and even threats of the assassination of OWS leaders by sniper fire – by whom? Where? – now remain redacted and undisclosed to those American citizens in danger, contrary to standard FBI practice to inform the person concerned when there is a threat against a political leader (p61).

Mara Verheyden-Hilliard, executive director of the PCJF, sat down for an interview with Amy Goodman on Democracy Now!

Transcript can be read here

So much for paranoia. The government is out to stop peaceful protest in anyway they can.

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.

January 7 is the seventh day of the year in the Gregorian calendar. There are 358 days remaining until the end of the year (359 in leap years).

On this day in 1789, the first US presidential election is held.  The United States presidential election of 1789 was the first presidential election in the United States of America. The election took place following the ratification of the United States Constitution in 1788. In this election, George Washington was elected for the first of his two terms as President of the United States, and John Adams became the first Vice President of the United States.

Before this election, the United States had no chief executive. Under the previous system-the Articles of Confederation-the national government was headed by the Confederation Congress, which had a ceremonial presiding officer and several executive departments, but no independent executive branch.

In this election, the enormously popular Washington essentially ran unopposed. The only real issue to be decided was who would be chosen as vice president. Under the system then in place, each elector cast two votes; if a person received a vote from a majority of the electors, that person became president, and the runner-up became vice president. All 69 electors cast one vote each for Washington. Their other votes were divided among eleven other candidates; John Adams received the most, becoming vice president. The Twelfth Amendment, ratified in 1804, would change this procedure, requiring each elector to cast distinct votes for president and vice president.

In the absence of conventions, there was no formal nomination process. The framers of the Constitution had presumed that Washington would be the first president, and once he agreed to come out of retirement to accept the office, there was no opposition to him. Individual states chose their electors, who voted all together for Washington when they met.

Electors used their second vote to cast a scattering of votes, many voting for someone besides Adams with Alexander Hamilton less out of opposition to him than to prevent Adams from matching Washington’s total.

Only ten states out of the original thirteen cast electoral votes in this election. North Carolina and Rhode Island were ineligible to participate as they had not yet ratified the United States Constitution. New York failed to appoint its allotment of eight electors because of a deadlock in the state legislature.

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.

January 6 is the sixth day of the year in the Gregorian calendar. There are 359 days remaining until the end of the year (360 in leap years).

On this day in 1838, Samuel Morse’s telegraph system is demonstrated for the first time at the Speedwell Iron Works in Morristown, New Jersey. The telegraph, a device which used electric impulses to transmit encoded messages over a wire, would eventually revolutionize long-distance communication, reaching the height of its popularity in the 1920s and 1930s.

Samuel Finley Breese Morse was born April 27, 1791, in Charlestown, Massachusetts. He attended Yale University, where he was interested in art, as well as electricity, still in its infancy at the time. After college, Morse became a painter. In 1832, while sailing home from Europe, he heard about the newly discovered electromagnet and came up with an idea for an electric telegraph. He had no idea that other inventors were already at work on the concept.

Morse spent the next several years developing a prototype and took on two partners, Leonard Gale and Alfred Vail, to help him. In 1838, he demonstrated his invention using Morse code, in which dots and dashes represented letters and numbers. In 1843, Morse finally convinced a skeptical Congress to fund the construction of the first telegraph line in the United States, from Washington, D.C., to Baltimore. In May 1844, Morse sent the first official telegram over the line, with the message: “What hath God wrought!”

Up host Chris Hayes discusses what we have learned since last week with guests Oliver Stone, award-winning director, producer and screenwriter; Veronique de Rugy, senior research fellow at the Mercatus Center at George Mason University; David Cay Johnston, Pulitzer Prize winning journalist and author; and Suzy Khimm, reporter for the Washington Post.

2012: A Safe Year To Fly

By Daniel Politi, Slate

Fear of flying may soon be a thing of the past as 2012 was a great year to get on a plane. Air travel is now the safest it has been “since the dawn of jet planes,” reports the Wall Street Journal, noting that the industry is set to mark the lowest rate of fatalities in 2012 since the early 1960s. Before Saturday’s crash near Moscow that killed four people, there were a total of 22 fatal crashes across the world in 2012, a decline from the 28 seen in 2011 and far lower from the 34 fatal accidents per year that is the average over the last decade. Of the 22 crashes, only 10 were of passenger aircraft, and just three were larger jetliners built in the West. The other seven were turboprops built in the West or Russia.

Secrecy of Memo on Drone Killing Is Upheld

by Adam Liptak

WASHINGTON – A federal judge in Manhattan refused on Wednesday to require the Justice Department to disclose a memorandum providing the legal justification for the targeted killing of a United States citizen, Anwar al-Awlaki, who died in a drone strike in Yemen in 2011.

The ruling, by Judge Colleen McMahon, was marked by skepticism about the antiterrorist program that targeted him, and frustration with her own role in keeping the legal rationale for it secret.

“I can find no way around the thicket of laws and precedents that effectively allow the executive branch of our government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws while keeping the reasons for their conclusion a secret,” she wrote.

“The Alice-in-Wonderland nature of this pronouncement is not lost on me,” Judge McMahon wrote, adding that she was operating in a legal environment that amounted to “a veritable Catch-22.”

A lawsuit for the memorandum and related materials was filed under the Freedom of Information Act by The New York Times and two of its reporters, Charlie Savage and Scott Shane. Wednesday’s decision also rejected a broader request under the act from the American Civil Liberties Union.

David E. McCraw, a lawyer for The Times, said the paper would appeal.

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.

January 5 is the fifth day of the year in the Gregorian calendar. There are 360 days remaining until the end of the year (361 in leap years).

On this day in 1933, construction starts on what will become one of America’s most famous landmarks: the Golden Gate Bridge. When completed in 1937, the Golden Gate has a 4,200-foot-long suspension span, making it the world’s longest suspension bridge. Since opening to the public in May 1937, almost 2 billion vehicles have crossed the bridge, in both the north- and southbound directions.

The bridge was named not for its distinctive orange color (which provides extra visibility to passing ships in San Francisco’s famous fog), but for the Golden Gate Strait, where the San Francisco Bay opens into the Pacific Ocean. The bridge spans the strait and connects the northern part of the city of San Francisco to Marin County, California.

Before the bridge was built, the only practical short route between San Francisco and what is now Marin County was by boat across a section of San Francisco Bay. Ferry service began as early as 1820, with regularly scheduled service beginning in the 1840s for purposes of transporting water to San Francisco. The Sausalito Land and Ferry Company service, launched in 1867, eventually became the Golden Gate Ferry Company, a Southern Pacific Railroad subsidiary, the largest ferry operation in the world by the late 1920s. Once for railroad passengers and customers only, Southern Pacific’s automobile ferries became very profitable and important to the regional economy. The ferry crossing between the Hyde Street Pier in San Francisco and Sausalito in Marin County took approximately 20 minutes and cost US$1.00 per vehicle, a price later reduced to compete with the new bridge. The trip from the San Francisco Ferry Building took 27 minutes.

Many wanted to build a bridge to connect San Francisco to Marin County. San Francisco was the largest American city still served primarily by ferry boats. Because it did not have a permanent link with communities around the bay, the city’s growth rate was below the national average. Many experts said that a bridge couldn’t be built across the 6,700 ft (2,042 m) strait. It had strong, swirling tides and currents, with water 500 ft (150 m) in depth at the center of the channel, and frequent strong winds. Experts said that ferocious winds and blinding fogs would prevent construction and operation.