Anniversary: The Ides of March

This is a busy month of events, I tell you what:

Note to self: if I ever win the Presidency, NEVER EVER PUT MY BRO BRUTUS ON THE SECRET SERVICE STAFF.  Especially nowadays.

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Kneecapping Your Own Quarterback (with update)

(see Update below)
So forty-seven U.S. Senators went and did a thing this weekend, where they sent a rather demeaning and error-filled letter to the Iranian government warning them that any treaty deal over stopping Iran's uranium nuclear-bomb projects will be meaningless:

...What these two constitutional provisions mean is that we will consider any agreement regarding your nuclear-weapons program that is not approved by the Congress as nothing more than an executive agreement between President Obama and Ayatollah Khamenei. The next president could revoke such an executive agreement with the stroke of a pen and future Congresses could modify the terms of the agreement at any time...

The Senators are basically telling the Iranians "Screw it.  No matter what deal you make with Obama, we'll just vote it down or ignore it and if we get a Republican in the White House in 2016 you are all bombing targets."

One of the sins that these Senators committed: the whole "advise and consent" element in Article II of the Constitution is that the Senate should be advising OUR PRESIDENT and NOT advising the foreign power.  The Senators are openly influencing - through reckless intimidation - another nation into NOT dealing with our government over a possibly peaceful solution to a serious problem.  This sort of move reeks of war-mongering (the GOP wants a war with Iran, in case you hadn't noticed), this sort of move reeks of treason interfering with our government's ability to work with other nations.

The other sin is that this move reeks of the Senators being total assholes.

The Republicans have taken their 6-years-and-counting obstruction against Barack Obama and turned it into an international scandal.

There are certain things in politics, in the halls of power, you just don't do.  There are written rules of conduct, official checks and balances codified into the Constitution itself.  There are the unwritten rules of decorum and behavior, of ceremony and tradition where certain offices are granted a lot of leeway to get work done.  There's the common sense things where you don't go tugging on Superman's cape or spit into the wind.

It's been an unwritten rule since the days of Washington himself where the President, via his executive offices of the State Department, handles all the heavy lifting and deal-making of treaties with foreign nations.  In this, the Senate only comes in either as individual experts on certain topics or nations to consult with the President directly, and otherwise the Senate waits until a treaty gets signed before it comes to them for 2/3rds vote to ratify.  There was a sense of decorum about it: let the President handle the foreign policies as Head of State.

This letter nukes all of that, metaphorically and literally.  It's an open warning shot across the bow.  It's a blatant show of disrespect towards a President they've accused again and again of being un-American, and it's a disgusting display of obstruction no other President has ever had to cope with in the 220-plus years of our nation's dealings with the world.

I've looked at that Logan Act, the law making it a crime to interfere directly or indirectly with a President's ability to form treaties or deal with foreign powers.

Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.

I swear, that Senate letter reads to me like it's violating the part of the Act I've marked in bold.  The only thing that's keeping me from screaming about these Senators committing outright treason is that bit about "without authority of the United States."  As Senators, they DO have authority... but my question would be "do they have THIS kind of authority to directly parley or communicate with a foreign nation, in direct interference with the State Department which DOES have the authority? And in direct interference with the President of the United States who DOES have the authority?"

At what point did the Senate cross the line on the Logan Act?  They sure as hell crossed the line for decorum and decency with this bullshit stunt.  This is an open act of sabotage against the President of the United States.  A President in Barack Obama who's won two majority elections to serve as President.  A President who's been attacked again and again for no sane reason other than the Republicans being hateful bastards.

UPDATE: I think I found the answer to the question above ("At what point did the Senate cross the line on the Logan Act?").  There was a court ruling back in 1936 - U.S. vs. Curtiss-Wright Export - where the Supreme Court ruled in favor of the President using his powers to go after arms dealers selling to foreign nations/powers.  Part 9 of the ruling says "In international relations, the President is the sole organ of the Federal Government." To wit:

...In this vast external realm, with its important, complicated, delicate and manifold problems, the President alone has the power to speak or listen as a representative of the nation. He makes treaties with the advice and consent of the Senate; but he alone negotiates. Into the field of negotiation the Senate cannot intrude, and Congress itself is powerless to invade it... They think the interference of the Senate in the direction of foreign negotiations calculated to diminish that responsibility, and thereby to impair the best security for the national safety...

I really believe the 47 Senators broke the law: they calculated to diminish President Obama's responsibility to negotiate with the world.  I really believe they should be charged and held accountable.  The Logan Act requires it.  The Supreme Court confirms it.  The only question now should be "who has standing to file the charge?"  If it's Obama, dammit man NOW is the time to fight the fire burning down our political system.  If it's the State Department, your very office DEMANDS you secure your ability to negotiate with foreign powers.  If it can be someone in the Senate, dammit Democrats MAN UP.

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American Income, American Injustice

This is, by the by, the 700th post here on this blog (under different names).  Big Hello to all the Crooks and Liars people following Mike's Blog Round-Up link!  Thank you for stopping by, and please check out the rest of this blog.  Also, I have a separate blog at WittyLibrarian And The Book With the Blue Cover, at which I have a current memorial for Sir Terry Pratchett.)

The federal investigation into the dealings of the Ferguson Police Force, not just in the Michael Brown shooting but a litany of complaints against an out-of-control agency, brought up some horrifying revelations.  Ta-Nehisi Coates aptly titled his article about it "The Gangsters of Ferguson," and for good reason:

(from the DOJ report) Ferguson’s law enforcement practices are shaped by the City’s focus on revenue rather than by public safety needs. This emphasis on revenue has compromised the institutional character of Ferguson’s police department, contributing to a pattern of unconstitutional policing, and has also shaped its municipal court, leading to procedures that raise due process concerns and inflict unnecessary harm on members of the Ferguson community. Further, Ferguson’s police and municipal court practices both reflect and exacerbate existing racial bias, including racial stereotypes. Ferguson’s own data establish clear racial disparities that adversely impact African Americans. The evidence shows that discriminatory intent is part of the reason for these disparities...

Partly as a consequence of City and FPD priorities, many officers appear to see some residents, especially those who live in Ferguson’s predominantly African-American neighborhoods, less as constituents to be protected than as potential offenders and sources of revenue...

There's a word for this: Extortion.

Extortion... is a criminal offense of obtaining money, property, or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime groups. The actual obtainment of money or property is not required to commit the offense. Making a threat of violence which refers to a requirement of a payment of money or property to halt future violence is sufficient to commit the offense...

Thing is, Organized Crime never had it so good or easy as corrupt cops and city employees, who extort through excessive fines and asset seizures using the threat of jail and the threat of police brutality to get their money.  The Mafia ain't got sh-t on a police force that basically fines the hell out of its own citizenry.

And why is this happening?  Why are the police and city governments so eager to shakedown their own communities like a bunch of street thug enforcers and their capos?

Let's ask Chad Staton over at the Washington Monthly:

...What exacerbated such practices is the maniacal hold of anti-tax fervor that has trickled down from the federal level to the state and local level. With conservative domination of many statehouses, its clear to any ambitious politician that wants to advance in the Republican Party that their fealty to the ideal of “no new taxes” has to be iron-clad.

This lock-step discipline on taxes has become a principle unto itself. From the beginning, its support has come as a result of racializing social safety net programs. What we see is a feedback loop occurring post “formal” Jim Crow. Black people are seen as “stealing” the hard earned taxes of white people, who then support politicians pledging to never raise taxes. Revenue is still needed to run the government, however, so we see budgets for programs that benefit everyone slashed. At the municipal level, cities target black communities to make up the gap.

This targeting is then justified by the same logic that was used to rail against taxes in the first place, as we see in the report. Several officials cite African Americans’ lack of “personal responsibility” as justification for targeting them for revenue.

As long as America is under the grip of this circular logic, there will be many cities operating the way Ferguson did...

It's a wonderful cycle, isn't it?  The anti-tax crowd pushes hard to cut income and corporate taxes at the federal and state level that could otherwise fund our cities and counties and states.  The county and city governments, forced to find other sources of revenue yet unable to even consider raising their own taxes lest the anti-tax forces throw them out of office, have to rely on fees and fines to cover the costs of running their low-level government services.  As most cities are home to large groups of ethnic minorities, these cities view the minorities not as people but as statistics.  And meanwhile, those same anti-tax agitators (yes, I'm pointing a finger at you, Fox Not-News crowd) rail their base against those ethnic minorities as an ongoing social and economic threat, making it easier to ignore their suffering.

There's another word, phrase actually, that can be used here: Indentured Servitude.  Ferguson PD and other departments like them across the nation use violence and the threat of ruin to force a persecuted group - a poor minority like Blacks or Hispanics - to fork over money.  In order to recoup those losses, those minorities are forced to work harder or place themselves further into debt, only to have the PD show up and take more money.

I wrote awhile back about the police department in Waldo, FL shutting down.  It's a small, dot-on-the-map town in the northeast corner of Alachua County.  If you lived in Gainesville (GO GATORS) and had to drive to Jacksonville, you'd know about this place... because Waldo was one of the most infamous speed traps in American history.  Waldo was so small and so poor a community that the police force couldn't rely on the locals for shakedowns fines, so they went with a ludicrous speed trap instead that netted the unwary drivers from out-of-state or from parts of Florida that hadn't heard of them.  My dad got nailed driving through there once, he even knew about it and even he couldn't avoid getting caught in the speed trap.

I was caught once in a speed trap on I-4 one weekend morning, with a group of co-workers leaving a night shift job.  Our driver was accused of being 20 MPH over the speed limit, but she was driving off an expressway ramp onto the interstate having just left the toll booth and there was no way she had accelerated that quickly to the spot the cops pulled us over.  The Orange County deputy claimed an overhead plane was using some form of radar to track us, which was hard to believe because there were no planes overhead (it was a clear morning sky).  As he issued the ticket he bragged that he "always showed up in court to enforce the ticket" and essentially tried intimidating the entire minivan.  Meanwhile a small division of cop cars were swerving backwards on the interstate to reset themselves to catch more "speedsters," driving more recklessly than any civilians they were hoping to ticket.

We all openly questioned the validity of what those county cops were doing.  I argued the Waldo example, that the county was making some damn ticket quota to grind money out of the local drivers.  "It's worse than that," one of the ladies in the back seat told me.  "The cops are also looking for any undocumented workers they can pull in for immigration arrests.  If they do that, it's like a bonus."

These are just two examples of abusive, money-obsessed police actions I've been aware of my whole life over decades of having lived here in Florida.  How do you think this is like for a Black woman living in Ferguson having to cope with this sh-t five times a week? Via Coates' article:

...In one March 2012 email, the Captain of the Patrol Division reported directly to the City Manager that court collections in February 2012 reached $235,000, and that this was the first month collections ever exceeded $200,000. The Captain noted that “[t]he [court clerk] girls have been swamped all day with a line of people paying off fines today. Since 9:30 this morning there hasn't been less than 5 people waiting in line and for the last three hours 10 to 15 people at all times.” The City Manager enthusiastically reported the Captain’s email to the City Council and congratulated both police department and court staff on their “great work.”

How fares a society when we look at the institutions sworn to uphold the law and protect the citizenry... and see only bullies and shakedown artists?  Out of all the "good cops" we are repeatedly told are out there doing the hard honest work, why are the bad cops who make the Corleones look like saints the ones representing the entire profession?

And this is part of the problems we've been having with asset forfeiture, a program that's been in violation of the very concept of the Fourth Amendment (and even the Eighth and Fourteenth).

Here's the real problem: our cities and counties are tapped out of revenue sources.  Without many states able or eager to raise revenues through a progressive taxation plan - indeed with many of those states eager to cut taxes even further as part of the Far Right agenda of "kill government, let the free market overcharge us" - these cities and counties are going to raid their own communities through abusive tactics.  If we want to end these tactics, we're going to have to as a nation recognize that taxation exists for a reason and that using taxes to pay for public services is a just and fair practice.

Otherwise, the price we're going to pay for all these tax cuts for the rich and powerful will be our communities falling apart. 

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Downtime From Blogging...

I am going to use the month of March to focus hard on getting the rough draft of my NaNoWriMo project Ocean Dancers done.

I will finish this.

That means no distractions.

If I check in here, it will be to either keep my seven readers appraised of my efforts, and/or if the political scene does something incredibly stupid or tragic or both.

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The Republicans Are Working EXACTLY As Advertised: Bad And Worse

What did you expect?

Congress managed at the last minute on Friday night to avert a partial shuttering of the Department of Homeland Security, passing a one-week funding measure for the agency. President Obama signed it shortly before the midnight deadline.

The deal came together after a whirlwind day of negotiations in which the House Republican leadership suffered a humiliating defeat when its 20-day funding bill was rejected. The arrangement is expected to prolong talks about longer-term DHS funding until at least early next week.

All this really did was push the argument down the road for another week.  The same problem is there, and the same roadblocks by the extremists are still up.

What did you expect when you put in power a political party whose ideology is that government is either dysfunctional or deserving of shutdown?

When you hire a plumber who believes the piping in your house is the wrong material, what do you expect when that plumber refuses to fix it and allows the house to collapse when the pipes break? When you call Animal Control about the bear in your kitchen, and the Animal Control guy claims the bear is not real because the last reported bear sighting was 12 years ago and besides we're better off leveling the forest next month to make sure there aren't any bears by then, what did you expect when your house got vandalized by that bear and your property value was decimated when the surrounding neighborhood got napalmed? What did you expect when you vote in a politician who believes government is a problem, and then refuses to do the job just to prove that belief?

I'm reminded of what Andrew Sullivan wrote before the 2010 midterms when the GOP threatened to reclaim the House, where he argued that being in a position of authority would force the increasingly partisan Republican Party to pull back and govern responsibly: "If they win back the House, as it seems inevitable they will, they will have to offer something at last instead of criticizing everything in comically tired tropes..." That never happened: the GOP got worse because their own echo chamber convinced them they won power on merit rather than false advertising.  Even Sullivan realized that the month after those midterms.

The results of 2014 proved the same: they barely governed - fewest bills passed in ages - and consistently behaved incompetent, ignorant, and obstructionist, leading up the Long October of a government shutdown that many Americans blamed them for creating.  Even in the face of all that, the Republicans profited from terrible voter turnout and even more partisan campaigning and won control of both houses of Congress as well as more state offices.

Republicans are not learning any lessons of accountability because they're never held accountable at all.  They were blamed for the Long October shutdown: They won more seats and power that following election.  Negative Reinforcement of the worst kind.  Every electoral win convinces them that their "message" is right and true and accepted by all even when polling shows majorities of Americans disagreeing with Republicans on things like taxing the rich and gay marriage, even when a majority of Americans hate the job they're doing, or back Obama's agenda on immigration.  Because they've rigged elections with gerrymandering and purposeful voter suppression, and pretend otherwise.

The Republicans ideology is that "government is bad", full stop.  This defines their push to cut taxes and cut social welfare programs and cut nearly everything that makes the government function to serve the needs of the people.  This defines their push to deregulate and privatize everything on the assumption that the private sector can self-regulate and provide effective services, even though centuries of public sector work and centuries of private-sector graft and corruption have proven otherwise.

This threat of Homeland Security shutdown is all happening as a backdrop to the CPAC gathering, where Presidential wannabes pander to the wingnut factions to curry early momentum.  None of the potential candidates have called on the failures of the Congressional GOP.  None of them are honestly advocating for good governance.

They are all campaigning on killing schools, killing the social safety nets, killing worker rights, killing foreigners, and killing civil liberties.  The final, purest expression of the social conservatism of the Southern Strategy.  The southern conservatives that drove the horrors of human history of the 19th century and perpetuated that horror in the shadows of the 20th century will achieve their victory in the 21st century: a federal government in ruins, the poor shackled and sick, injustice for many except the elite.

This is what you keep voting for, Americans, especially when you refuse to show up and vote for saner alternatives.  This is what you get when you hire people whose pre-ordained mythology drives them to destroy the very institutions you've allowed them to take control of.

And like suckers buying toxic snake-oil, you're going to keep buying this swill until everyone is poisoned, and everything truly collapses.  And by then it will all be over but the tears.

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This Day On The Internet

We opened this day with news that Net Neutrality is a reality.  The corporations will not dictate what we can do, or access, or say on the Internet.

This afternoon, the entire nation became riveted by the LIVE ongoing story of two Llamas roaming free in a city in Arizona.  Twitter feeds hadn't been that active since #LeftShark.

Right now, the entire Twitter 'Verse is debating the colors of a dress that some people see as gold and white or black and blue.

We have won Net Neutrality.

WE ARE CELEBRATING BY CHEERING ON LLAMAS AND ARGUING OVER DRESS COLORS.

THIS IS AMERICA F-CK YEAH.

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Officially for the Record, I Now Have a Working Lightsaber

Geek achievement unlocked.

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