President Obama stands up for second chances

Last week, on Monday, July 13th, President Obama announced that he would commute the sentence of 46 Federal prisoners, non-violent drug offenders who he believed were serving punishments disproportionate to their crime.

In his Facebook video to explain his decision, the President noted:

“These men and women were not hardened criminals, but the overwhelming majority had been sentenced to at least 20 years.

I believe that at its heart, America is a nation of second chances. And I believe these folks deserve their second chance.”

 

Barack Obama signing clemency grants to convicted non-violent drug offenders with disproportionate sentences, July 2015. (Credit: The White House)

Barack Obama signing clemency grants to convicted non-violent drug offenders with disproportionate sentences, July 2015. (Credit: The White House)

Obama’s decision is not a singular event, but part of a series of events throughout his presidency aimed at bringing awareness to some of the broken parts of the American criminal justice system.

Since taking office, Obama has commuted 89 men and women serving time, 76 of whom were nonviolent drug offenders.

On Tuesday, July 14th, President Obama addressed the NAACP on the need for reform in our criminal justice system.

The Marshall Project notes, “no sitting president has ever publicly spoken at such length and in such detail as Obama now has about the persistent problems of crime and punishment in this country.”

Obama’s no-holds-barred speech touched upon everything from the over-sentencing of non-violent drug offenders to racial injustices in the criminal justice system to the school-to-prison pipeline to the detriments of solitary confinement.

He offered specific and necessary reforms to improve our criminal justice system, such as lowering or eliminating mandatory minimums and addressing crime prevention at the community level. (Check out more details here.)

Then, on Thursday, July 16th, Obama became the first sitting president to ever visit a Federal prison. There, he met with six, non-violent drug offenders who explained their hopes for the future and the obstacles they’ll have to overcome as they eventually re-enter American society.

Obama’s recent push to call attention to the failings of our justice system may just be working.

While there is still a wide divide between philosophies on justice and a general overuse of rhetoric which calls for politicians to be “tough on crime”, there is currently bipartisan support for bills in the House of Representatives and the Senate which would reduce the number of low-level drug offenders in prison by reforming prison sentencing and creating pathways for early release.

During his speech to the NAACP, Obama made an impassioned plea that all Americans should pay attention to if they desire to make common sense changes to make our criminal justice system more fair and effective.

“While the people in our prisons have made some mistakes, and sometimes big mistakes, they are also Americans. And we have to make sure that as they do their time, and pay back their debt to society, that we are increasing the possibility that they can turn their lives around.”

 

Obama’s legacy as a feminist

President Barack Obama, First Lady Michelle Obama, and daughters Malia and Sasha, April 5, 2015. (Official White House Photo by Pete Souza)

President Barack Obama, First Lady Michelle Obama, and daughters Malia and Sasha, April 5, 2015.
(Official White House Photo by Pete Souza)

Many observers of President Obama — and even those who are not-so-observant — have noticed his recent energy and boldness as he enters into the final year-and-a-half of his second term as President.

From Obama’s unforgettable eulogy at Charlestown to his Supreme Court victories, Obama’s last two years in office are shaping up to be events that our children will read about in history books.

This past Thursday, while holding a press conference geared towards talking about Iran, Obama was asked about Bill Cosby’s Medal of Freedom. Although he could not comment directly on an ongoing investigation and indicated the medal would not be taken away because there was no precedent in place to do so, he left no questions about his thoughts on the events. President Obama stated matter-of-factly:

“If you give a woman, or a man, for that matter, without his or her knowledge a drug and then have sex with that person without consent, that’s rape. And I think this country, any civilized country, should have no tolerance for rape.”

 
This comment represents the latest in Obama’s recent fearlessness to partake in social commentary, but also represents the latest in an entire presidency marked by bold feminist statements and policies.

Only a week after his inauguration in 2009, President Obama was depicted on the front cover of Ms. magazine wearing a t-shirt stating “This is what a feminist looks like.”

Since then, he has made waves by putting science toys in the girls section at a Toys for Tots drive, overseen the entrance of women into combat roles in the US military (albeit slowly), used his executive power to adopt family-friendly policies for staffers in the White House, and the Lilly Ledbetter Fair Pay Act of 2009 was the first bill he ever signed into law.

It shouldn’t be an anomaly to have a politician stand-up and speak-out for women, a demographic that composes over half of the nation’s population, but it is.

At a time when “old men” seem to make up a majority of our country’s politicians and a super-majority of the people who feel called to speak out about what a women’s bodies, it is refreshing to have a respectful, common sense president like Obama.

When the dust settles and the history books are being written, Obama’s feminism might be one of the aspects of his presidency for which Americans can be most grateful.

8 years late, Congress ready to revisit No Child Left Behind

When the No Child Left Behind Act (NCLB) was signed into law in 2002, it was intended to last only until 2007, when lawmakers would revisit and improve the law. Instead, our country’s lawmakers allowed the bill to expire, forcing states to continue to abide by it until another law replaces it (or, after 2011, seek a conditional waiver from the Obama Administration).

Finally, with both sides of the aisle dissatisfied with NCLB, Congress has decided to take note of the lessons learned in the past 13 years and begin debates to replace the law. Meaningful changes in the law are far from a slam dunk; those on the left are calling for reforms as progressive as universal pre-kindergarten and those on the right wish to see more decision-making power reside in the states. If an agreement is to be struck, it will surely come at the end of impassioned and tumultuous debate.

The bill that has been brought to the Senate floor is sponsored by Lamar Alexander (R-TN) and Patty Murray (D-WA) — both of the Senate Committee on Health, Education, Labor and Pensions, where the bill passed unanimously in April. The proposed bill calls for the continued use of mandated math and reading tests, but would allow states to decide what to do with their results. Furthermore, in direct response to the debate over Common Core, the bill would prohibit the federal government from requiring, or even encouraging, a nationwide set of academic standards.

The House of Representatives is set to debate their own version of the bill, sponsored by John Kline (R-MN), which includes giving states control over school accountability and a controversial school choice provision. This bill was set to be voted upon in February, but that vote was withdrawn because there was not enough support, even within the Republican majority, for it to pass — and the White House announced that it would be vetoed, should it reach the President.

Here’s a primer on some of the key issues set to unfold during the debate:

Veto Power. The White House has announced that it does not support either the House or Senate bills in their current form due to a lack of accountability. While they haven’t said that they would veto the Senate’s bill, they have made it clear that they hope to see improvements. Namely, they would like to see a plan for failing schools. As Secretary of Education Arne Duncan, pointed out, “To simply label a school as failing, that doesn’t change a kid’s life.”

It’s a civil rights issue. Although a school and its students are far more than a number, testing has allowed for a quantitative way to highlight the differences in quality of our country’s schools and has been particularly effective in bringing the black/white achievement gap out of the shadows. When the President and his Secretary of Education refer to accountability, they are, in many ways, referring to the federal government’s responsibility to figure out which of its citizens it is failing and fix it.

Testing, testing, and, oh wait, more testing. The country’s largest teacher’s union, The National Education Association, has long been calling for the elimination or severe reduction of standardized tests. Banking on a renewed anti-testing fervor stemming from frustration with the Common Core, their voice is sure to be heard in this debate. While testing is disruptive, wildly unpopular, and known to distract school systems from the true mission of educating children, another viable accountability option would have to be brought forward to see the elimination of testing. In the meantime, there’s a real chance the testing could be limited and the scores used in a different way.

Wish lists. It is impossible to overstate the importance of public education, and everyone wants to leave their mark on the issue. Bob Casey (D-PA) seeks to provide universal pre-kindergarten and believes he can fund it by closing a corporate loophole allowing US companies to move part of their business overseas in order to become foreign corporations for tax purposes. Pat Toomey (R-PA) and Joe Manchin (D-W.Va) will ask for more detailed background checks of all school personnel. Other lawmakers are sure to add their opinions and addendums to the bill.

In the words of John F Kennedy, “Our progress as a nation can be no swifter than our progress in education. The human mind is our fundamental resource.” Nothing short of the fate of our country rests upon the education we provide to its children. Let us insist that our lawmakers take this opportunity to make sound, effective, and significant improvements to our education system.

The armed drones free-for-all at the CIA

Buried in a December 2014 New York Times article was this passage that has been knocking around in my head ever since:

During the presidential campaign in 2008, Mr. Obama railed against the [Central Intelligence A]gency’s use of torture and secret prisons during the Bush administration, and shuttered the detention program during his first week in office. But he has empowered the agency in other ways — including allowing its director, not the White House, to make the final decisions about drone strikes in Pakistan.

 
In other words, an agency that has actively resisted Congressional oversight attempts (to the point of hacking Senate computers) now doesn’t even have Executive oversight — or oversight by any elected civilian — when blowing people away with missiles. The CIA drones program has the power the make literal life and death decisions day in and day out with nobody externally keeping track of it or authorizing individual strikes.

Worse, these strikes aren’t even targeting high-profile people most of the time. Or even any-profile people. The use of so-called “signature strikes” — where they bomb a physical or moving target that has the visual “signature” of something that might be terrorists — by the CIA has become commonplace. These strikes aren’t based on any actual intelligence suggesting someone worth targeting is there. The target just “fits a profile.” That’s how innocent wedding parties get bombed instead of terrorist convoys.

A recent op-ed in The Guardian looked at the general lawlessness and lack of rules surrounding the paramilitary use of drones by the CIA:

After the “rules” were announced in 2013, the Associated Press reported that the US was going to stop signature strikes everywhere, including in Pakistan. Then we found out, through the Wall Street Journal, that actually, no, the president issued a secret waiver for Pakistan and part of the rules didn’t apply there. Now just this week, we’ve learned from the Washington Post that Obama, at some point, issued another waiver on the “imminent” rule for Yemen, allowing the CIA to continue signature strikes there unabated. According to their report: “US officials insisted that there was never a comprehensive ban on the use of signature strikes in that country” to begin with.

In other words, a key part of the drone “rules” Obama laid out in public don’t apply in the two countries where the CIA conducts virtually all of its drone strikes. Oh, and the “imminent threat” rule doesn’t apply in Afghanistan either, the only other country where the US military is regularly conducting its strikes.

 
We should probably keep foreign intelligence collection and analysis in one agency and keep military activities in the military. Unaccountable paramilitaries are never a good development for any country — particularly not a democracy.

MQ-1 Predator unmanned aircraft. (U.S. Air Force photo/Lt Col Leslie Pratt via Wikimedia)

MQ-1 Predator unmanned aircraft. (U.S. Air Force photo/Lt Col Leslie Pratt via Wikimedia)

Fmr. Israeli mil. intelligence chief: Iran deal an “achievement”

We have a U.S. president who “immersed himself” in the details of nuclear enrichment technology to understand any proposed deal, we have a U.S. Secretary of State who has never done anything in his career to endanger Israel’s safety and has worked for many years to build a more secure and multilateral world, and we have a U.S. Secretary of Energy who is a nuclear physicist and assures the president and the public that the draft deal will ensure Iran would not be able build a nuclear weapon for more than a decade without being caught and stopped.

Nevertheless, according to Prime Minister Benjamin ‘Boy Who Cried Wolf Since the Early 1990s’ Netanyahu, “The deal which is proposed presents a real threat to the region and to the world, and will endanger the existence of Israel.” As usual, his overblown and hysterical political assessments are not backed up by the security establishment in Israel.

Ben Caspit, an Israeli political analyst, interviewed General Amos Yadlin on the Iran/P5+1 nuclear talks framework, for Al Monitor’s Israel Pulse:

On the evening of April 2, when Iranian Foreign Minister Mohammad Javad Zarif and the European Union foreign policy chief Federica Mogherini faced the press, Jerusalem was shocked into silence.

First, the very fact that a framework agreement had been reached ran counter to all Israeli assessments, according to which the deadline would be postponed once again to the end of June (the original deadline). Second, the principles of the agreement surprised Israeli officials and especially the political echelon.
[…]
On the morning of April 3, the day following the news of the agreement, Al-Monitor spoke with Maj. Gen. (Res.) Amos Yadlin, formerly the head of military intelligence. Yadlin was the Zionist Camp’s candidate for defense minister, but after the party’s loss he has gone back to his job as head of the Institute of National Security Studies. Yadlin has dealt during his career with three nuclear programs of states considered Israel’s bitter enemies. He was one of the pilots to bomb the Osirak nuclear reactor in Iraq in 1981; head of military intelligence at the time that Israel destroyed, according to foreign media reports, the secret Syrian nuclear reactor at Deir ez-Zor in 2007; and head of military intelligence in 2006-10, the peak years of the secret war between Israel and Iran over the Iranian nuclear program.
[…]
Al-Monitor asked Yadlin whether the agreement was good or bad. “It depends on how you look at it,” he said. “If we aspire to an ideal world and dream of having all of Israel’s justified demands fulfilled, then of course the agreement does not deliver. It grants Iran legitimacy as a nuclear threshold state and potential to eventually achieve nuclearization. It leaves Iran more or less one year away from a nuclear weapon, and Israel will clearly not like all of this.

“But there’s another way to look at it that examines the current situation and the alternatives. In this other view, considering that Iran now has 19,000 centrifuges, the agreement provides quite a good package. One has to think what might have happened if, as aspired to by Netanyahu and Steinitz, negotiations had collapsed. Had that happened, Iran could have decided on a breakout, ignored the international community, refused to respond to questions about its arsenal, continued to quickly enrich and put together a bomb before anyone could have had time to react. And therefore, with this in mind, it’s not a bad agreement.”
[…]
“Let’s not forget that Israel dubbed the interim deal reached in Geneva a ‘tragic agreement,’ and eventually it turned out to be a good interim deal. When there was talk of its abrogation, Israel was opposed. And another thing must be said: Contrary to Israeli assessments, the Iranians have adhered to all the conditions of the interim agreement, in letter and spirit, down to the last detail. That’s something one should also keep in mind. If they implement the principles of the agreement presented yesterday in the same way, then for the next 15 years they will be frozen at a point of being one year away from a nuclear bomb, and I think this is not a negligible achievement.”

 
Even so, as summarized in a current Haaretz headline, “Netanyahu tells U.S. TV networks he’s ‘trying to kill a bad Iran deal’“. Yep, he’s not even pretending to do anything but try to sink this deal.

Benjamin Netanyahu is a danger to international security and might just be a madman. At best, he’s a ruthless cynic who doesn’t care about how often he is proven wildly wrong about world affairs as long as he gets re-elected stirring up panic.

flag-of-israel

The technicality blocking Obama’s immigration order

Excerpt from a Reuters explanation of the tricky technicality forming the basis of the Federal court ruling out of Texas that blocks President Obama’s immigration executive orders from moving forward:

U.S. District Judge Andrew Hanen avoided diving into sweeping constitutional questions or tackling presidential powers head-on. Instead, he faulted Obama for not giving public notice of his plans.

The failure to do so, Hanen wrote, was a violation of the 1946 Administrative Procedure Act, which requires notice in a publication called the Federal Register as well as an opportunity for people to submit views in writing.

 
There’s a longer, more spelled out version further down in the article.

The other point of interest/concern in this story, not commented upon in the article, is that the lawsuit was brought by 26 state governments. As our writer Sasha examined in an article in December 2014, Republican State Attorneys General have been repeatedly acting in concert to file coordinated, mass lawsuits against the Obama Administration on every conceivable issue. Executive orders and actions have been a particularly favored target.

I don’t know exactly which states are involved in this particular, but I’m betting it’s most (if not all) of the states with Republican Attorneys General (since they control about that many at the moment).

US-Mexico border fence at Tijuana and San Diego by the Pacific Ocean. (Credit: JamesReyes)

US-Mexico border fence at Tijuana and San Diego by the Pacific Ocean. (Credit: JamesReyes)

Globalist Paper: The U.S. Torture Report and White Supremacy

This essay originally appeared at The Globalist, where I am a Senior Editor. It was also republished at Salon.

american-apartheid-flag

The United States already decided decades ago that no human deserved to be subjected to the treatment after September 11th described in the U.S. Senate Intelligence Committee report on CIA interrogations. Such torture – which included sexual assault and partial drowning – was not to be employed by the United States (or any) government.

The United States suddenly restored these horrific tactics in 2001. It did so not just for known terrorists, but also for people mistakenly detained. This decision would supposedly “protect the American people.”

Many in Washington and beyond have continued to insist that the methods employed were effective at promoting national security (and thus self-justifying), despite the report’s findings — and centuries of evidence — to the contrary.

Asking a morally wrong question

But the very debate on the “effectiveness” of immoral methods is itself immoral. Ignoring the taboo on torturing captives necessarily implies that some people are worth so little – when they might possibly pose a threat – that they do not count as humans.

The moment one asks of an immoral action “Did it work?”, the asker has rejected the humanity of those whom it was used upon. And the matter of whose humanity “counts” or is arbitrarily conditional is a major factor behind this efficacy debate’s existence at all.

When effectiveness is considered instead of the morality of abusing or killing fellow humans, such crimes can and will reoccur.

The question Americans must ask themselves and each other is not “Did it work?” – of course it did not, but that is beside the point. It was known full well at the time that they would not. And so the real question is: “Why did we illegally and deliberately decide to perpetrate ineffective war crimes, including torture, in the aftermath of September 11th, 2001?”

When one considers specifically who was subjected to these war crimes, the path to the answer inevitably turns in one direction: racial supremacy and the prioritization of White America’s safety above all else.

Dehumanization abroad

In short, the Torture Report is really about how the United States chose once again, as official post-9/11 policy, to debate the efficacy (not the morality) of doing harm to those bodies deemed sub-human, specifically non-white bodies, in a drive to protect White America.

As it stands, the “efficacy” question itself appears to mask an inexcusably primal desire to seek revenge against the non-White communities from which the terrorists happened (that time) to have come.

The suspension of full human status – and the legal protections that go along with that – for Muslims suspected of terrorism after 9/11/01 is at the core of the CIA’s actions. Sadly, it fits into a broader pattern in American history. It is the same logic that allowed early U.S. leaders to count enslaved Black laborers as constitutionally 60% human.

Nineteen attackers and their supporting network were made to represent an entire people, whose humanity was then stripped away as official policy. Such a broad-brush response did not occur six and a half years earlier when two White Christian extremists with ties to various shadowy anti-government networks destroyed a federal building in Oklahoma City.

The former was an attack by the “Other,” the latter was deemed an in-group attack. The fact that those received two entirely different treatments is a testament that the reaction was a matter of race. It is a primordial fear-response befitting a skirmish between prehistoric clans crossing paths, not a 21st century global superpower encountering an aggressive band of malcontents.

Such “Us vs. Them” taxonomies are dangerous. To protect the innocent lives of some, the innocent lives of so many others become purely expendable.

The argument simply boils down to asserting in stark terms: “Our lives are worth ending or abusing yours, even by mistake, just to be 100% sure ours remain safe.”

This is about race

But perhaps this division is just a case of misguided hyper-nationalism or ultra-patriotism by the United States? Perhaps the “Us vs. Them” division is not racially, ethnically or religiously motivated, as I have suggested?

Unfortunately, that does not seem to hold up to scrutiny. For one thing, the United States has acted much more leniently toward terrorists and mass murderers who are White and/or Christian, both at home and abroad.

Instead of being summarily killed or tortured by law enforcement, White mass shooters (in Tucson, Aurora, etc.) and White anti-government bombers (Oklahoma City, Unabomber, Weather Underground, etc.) are often arrested and tried normally.

For another, consider the current “targeted airstrikes” that keep raining down on Arab and Muslim populations, from Africa to South Asia, as encapsulated so neatly in Akbar Ahmed’s parable of “The Thistle and the Drone.” The logic of illegal torture of detainees – from the same populations – was framed in the same terms as the ongoing drones debate: “Does it work?” – instead of “Is it wrong?”

Drones instead of torture?

Indeed, it seems quite possible that drone strikes, with an extreme level of remove from the situation, have replaced torture fairly directly in the counterterrorism toolbox.

According to The Atlantic, the “CIA began moving away from capturing and detaining suspected terrorists in favor of killing them via drone strikes.” There have been around 490 targeted drone strikes, which have been mostly performed by the CIA.

President Obama is not relieved from responsibility simply because he banned (already illegal) torture, since those interrogations had already been replaced by the terminal actions of drone strikes. In fact, 90% of U.S. “targeted strikes” have occurred under the Obama Administration, not the Bush Administration.

Finding oneself accidentally in the wrong place can lead to execution by drone. (Previously the result was extraordinary rendition and torture.)

And that victim will not even be counted as a mistake. According to a New York Times investigation in 2012, under official U.S. policy, “all military-age males in a strike zone [count] as combatants … unless there is explicit intelligence posthumously proving them innocent.”

Read that last half-sentence again – and again. Their lives are devalued until they are not even dignified with the status of accidental death. Instead, they are chalked up as a win.

The bigger picture

But this trouble made in the U.S.A. does not end with torture and drones. It also includes – closer to home – police brutality and excessive use of deadly force by law enforcement or Stand-Your-Ground vigilantes. What unites all of these tactics is that they have that “Does it work?” calculus in common when deployed by the United States. Morality is out of the picture.

The so-called “post-9/11 environment” – so often touted as a justification for torture and other hysterical overreactions of the era – existed within a wider, darker context.

On a micro level, we hear the same justifications from police and vigilantes who use lethal force by mistake on an unarmed person: I was afraid, and therefore I am not responsible for my actions. In 51% of police shootings, that unarmed victim is Black or Latino, despite those combined groups representing just 29% of the total population.

In truth, that environment beginning in late 2001 was simply American racial and ethnic paranoia writ large, the same as it as always been.

The high toll of White supremacy

In the pursuit of extreme counterterrorism methods, and in police/vigilante shootings, U.S. leaders and their most aggressive defenders have endorsed a view that at its core insists the bodies of (White) Americans must be so priceless that everyone else’s bodies are expendable in the effort to protect the first group.

There is no other way to explain writing off so many innocent lives because someone looked like a threat. There is no other way to explain applying a different set of rules for treatment of White attackers and non-White attackers.

Whether or not that is consciously intended, it is the effect. And it is the most reduced and unadorned version of the arguments offered to justify such policies.
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