rule of law: can't get a job, can't vote, merry christmas baby....,

libertariannews |  If you’ve ever wondered about this question, then this 2010 study is for you!

About 25% of the total US adult black population has a felony, while 6.5% of adult non-blacks have a felony conviction. About 8.6% of the adult population has a felony conviction.

Florida is a particularly egregious police state.  35% of adult blacks in Florida have felony conviction, 14% of the total adult population in Florida have a felony conviction.

About 20 million people have a felony conviction in Amerika.  That works out to about 1 in 12 adult Americans.

Note, those numbers are for 2010.  Looking at the growth rate trajectory, we are probably up to around 24 million people today in 2014 with a felony conviction. This means we are probably pushing 10% of the adult population today.

One other thing to consider is that a large number of would-be felonies are plead down to misdemeanors, so the actual total number of people who were caught committing a felonious act is undoubtedly much higher than these numbers portray.

If no criminals took a plea deal, and all felonies were prosecuted to the fullest extent of the law, the entire US criminal justice system would implode within a year.  Over 95% of federal cases never go to trial.

does occupy 2.0 (blacklivesmatter) have clearly discernable leaders?

WaPo |  THE LEADERS of a protest movement against excessive police force are weighing their next steps, The Post’s Wesley Lowery reported this week. The assessment follows both greater success than anticipated in triggering rallies across the nation and some backlash that blamed the protests (baselessly, in our view) for last weekend’s slayings of two New York City police officers .

As the leaders consider their next moves, we hope they do not lose sight of an early achievement, which will require attention to bring it to fruition. One test of any social movement is its power to inspire legislation. By that measure, the protests that followed the deaths of Michael Brown and Eric Garner already demonstrated strength. Before adjourning, Congress adopted and sent to President Obama a significant bill that could help provide a crucial missing ingredient for reform: accurate information.

The Death in Custody Reporting Act would give state and local law enforcement agencies incentives to report to the Justice Department all deaths of people, for any cause, while they are under arrest, in the process of being arrested, detained or incarcerated. Agencies that want to retain federal funding would have to fill out a brief form for each case, including the name, age, gender and race of the deceased, along with a short explanation of the circumstances. While the statute would cover nonviolent deaths, and even deaths from illness, as well as violent ones, the main hope is that it will enable data-crunchers to analyze patterns in the use of force and thereby spot potentially unjustifiable trends at particular departments. 

To be sure, the measure is not exactly brand-new. A version passed in 2000 but expired in 2006; in only three of those years did the Justice Department’s Bureau of Justice Statistics have authority to require quarterly reports — a requirement with which compliance was less than total. Since then, voluntary reporting has continued but also has proven spotty. A recent investigation by the Wall Street Journal found that nearly 45 percent of the justifiable homicides tallied by the nation’s 105 largest police departments went unreported to the FBI between 2007 and 2012. Florida and New York, two of the largest states in the country, accounted for 290 of 580 missing cases analyzed by the paper.

necropolitics: cia torturers manipulated the white house and stl overseer-in-charge manipulated the grand jury?

ap |  "Many St. Louis-area residents believe - and there is at least some evidence to suggest - that Mr. McCulloch manipulated the grand jury process from the beginning to ensure that Officer Wilson would not be indicted," May wrote.

She said in an interview that McCulloch should have removed himself from the case at the outset.

"I don't believe he followed proper procedures when he presented evidence to the grand jury," May said. "To me, he was working for the defendant in this case and not the victim."

Critics had called for McCulloch to either step aside or for Nixon to appoint a special prosecutor, citing concerns about whether McCulloch could fairly oversee the case. McCulloch's father was a police officer killed in the line of duty by a black assailant in the 1960s.

McCulloch said immediately after the announcement that the jury of nine whites and three blacks met on 25 separate days over three months, hearing more than 70 hours of testimony from about 60 witnesses, including three medical examiners and experts on blood, toxicology and firearms and other issues. He said he assigned prosecutors in his office to present evidence, rather than himself, because he was "fully aware of unfounded but growing concern that the investigation might not be fair."

Ferguson Mayor James Knowles III and others expressed anger that of the hundreds of National Guard troops dispatched to the St. Louis region on Nov. 24, none were in Ferguson as the announcement was made.

No timetable has been set for the legislative committee's investigation, and it wasn't clear if the committee would consider investigating McCulloch. A message left with Schaefer was not immediately returned.

necropolitics: torture definitely killed many times more americans than it hypothetically saved...,

nuclearrisk |  The release yesterday of the Senate Intelligence Committee’s report on the use of what the CIA has called “enhanced interrogation techniques” drew predictable partisan responses, with many Democrats condemning the use of torture and Republicans saying that extraordinary times necessitated extraordinary means to protect American lives. But lost in the noise is an important question: Did these enhanced interrogation techniques play a role in killing thousands of Americans? Here’s why I believe that happened:

Colin Powell’s February 2003 speech to the UN was a key element in the Bush administration’s building public support for its invasion of Iraq. There was just one problem. Powell’s contention that “Iraq provided training in these weapons [of mass destruction] to al Qaeda,” was based on false information obtained by torture. Two years later, in a Barbara Walters interview, when Powell was asked if that speech will tarnish his record, he replied:

Of course it will. It’s a blot. I’m the one who presented it on behalf of the United States to the world, and [it] will always be a part of my record. It was painful. It’s painful now.

Col. Lawrence Wilkerson, Powell’s chief of staff at the time, sees his own participation in crafting that speech in even harsher terms:

My participation in that presentation at the UN constitutes the lowest point in my professional life. I participated in a hoax on the American people, the international community and the United Nations Security Council. How do you think that makes me feel? Thirty-one years in the United States Army and I more or less end my career with that kind of a blot on my record? That’s not a very comforting thing.

necropolitics: the flower of american womanhood revealed (that was quick)

cryptocomb |  South Garland (Texas) High School alumni have been keeping tabs on their classmates for reunion purposes: http://www.dfwretroplex.com/SGHS_1983_master.htm.

Interestingly, her 1981 and 1982 yearbooks have been posted online. Photo attachments above contain visuals of her from 30 years ago.

Bikowsky’s last known address was in Alexandria which I believe sold in 2012. You will see that she is referenced in the alumni list as living in that city, and as holding a second surname, Silverstein.

It appears that Bikowsky, who got her BA from UPenn, may have married a gentleman she met at Tufts University’s Fletcher School for Law and Diplomacy in the late 80′s. His name is David Silverstein.

Both are graduates of the Fletcher School. You will note that in a 1991 article on terrorism for “The Heritage Foundation”, Silvestein references Bikowsky’s unpublished Masters thesis: 

http://www.heritage.org/research/reports/1991/08/bg847-an-american-strategy-against-terrorism. 

Access to this unpublished thesis would require at least some greater degree of access.

Silverstein has gone on to be deeply involved in formulating foreign, defense, and national security policy. He is currently a director and media talking head with two neo-conservative “think tanks” on, mostly, Middle East matters – “ASMEA” and the “Foundation for Defense of Democracies”. Should his relationship to Bikowsky be confirmed, its hard to imagine how his ideas have not trickled into Bikowsky’s mind, and consequently, the CIA’s business practices.

More about Bikowsky at Cryptome.

i cry another crocodile tear for your dispossession

Telegraph | GCHQ has lost track of some of the most dangerous crime lords and has had to abort surveillance on others after Edward Snowden revealed their tactics, the Daily Telegraph can disclose.

The spy agency has suffered “significant” damage in its ability to monitor and capture serious organised criminals following the exposes by the former CIA contractor.

Intelligence officers are now blind to more than a quarter of the activities of the UK’s most harmful crime gangs after they changed their communications methods in the wake of the Snowden leaks.

One major drug smuggling gang has been able to continue flooding the UK with Class A narcotics unimpeded for the last year after changing their operations.

More intense tracking of others has either been abandoned or not started because of fears the tactics are now too easy to spot and will force the criminals to “go dark” and be lost sight of completely.

Communication companies are also hampering the efforts of GCHQ by refusing to hand over evidence on the likes of drug smugglers or fraudsters because they do not pose a “direct threat to life”.

Spy bosses had already warned that the Snowden leaks, revealed in a series of articles published by the Guardian newspaper, had seriously affected their efforts to track terrorists.

But the Daily Telegraph can reveal the scale of the harm it has also done to GCHQ’s other duty – to combat serious and organised crime
.

necropolitics: that didn't take long - former boston overseer superintendent links policing protests to ISIS and terrorism

necropolitics vs. non-violent negroe-politics only killers and killing shape the field of political power

newsmax |  "What happened yesterday was an assassination, which we haven't had since 1988 with Officer [Edward] Byrne," Giuliani said on Fox and Friends Sunday, speaking of a young police officer who was murdered while on duty. "We have not had an assassination murder like this in a long, long time."

There no question from the words of killer Ismaaiyl Brinsley that the killings were connected to the deaths of Eric Garner in New York and Michael Brown in Missouri, said Giuliani. The two officers were shot at about 3 p.m. while sitting in their marked car in the Bedford-Stuyvesant section of Brooklyn after Brinsley posted messages on Instagram saying he was going to kill police officers.

Brinsley also wounded his girlfriend in a shooting in Baltimore before driving to New York and ambushing the officers.

"It could be connected in an insane way, but it's not unfair to create a connection between these two things," said Giuliani. "And it's certainly true that we have been treated to about three to four months of propaganda about how the police are the enemy. [About how] the police are the problem. [About how] they are the major problem between the police and the black community."

Giuliani said such statements and protests are propaganda because the police departments interactions with communities are a "reaction, it's not the cause."

And the "cause" was why officers Liu and Ramos were in Brooklyn on Saturday, where they were murdered.

"They were moved from one precinct to another because there was more crime in that precinct," said Giuliani. "They were there to protect the lives in this particular case of black people in that neighborhood. And the reality is that the problem here is citizen crime."

In inner cities, the problem is black crime, and in other places, "it can be white crime," said the former mayor. "The problem here is not police interaction. The police shooting a young black man, if that happens one to two percent of the time, that's a lot."

But, Giuliani said, "a black man shooting another black man is 92 percent of the time."

necropolitics: with the federal narcotics badge he could legally enter any country wearing guns and carrying drugs...,

necropolitics: overseer union president and criminal former commissioner rabid dogs desperately in need of a short, short leash...,

csmonitor |  Between the visceral points of concern for police violence and concern for police safety are many difficult questions – honest questions about latent racism, and honest questions about out-of-control violence in some communities. Nineteenth-century abolitionist Frederick Douglass said people who wished to reach racial harmony without asking tough questions are "people who want crops without plowing the ground."

Officers Liu and Ramos were not the face of that debate. They had nothing to do with Brown or Garner or the tide of events into which they were eventually swept.

But perhaps now they will be that face.

If Garner and Brown came to symbolize to a part of America the need to address the sometimes-dehumanizing way in which blacks are viewed, then perhaps Liu and Ramos will come symbolize what police have done right, and how much they are called to sacrifice to keep others safe.

Said some Twitter users, perhaps it's not #BlackLivesMatter or #BlueLivesMatter, but both.

I was unaware this track Kerik had gotten out of jail for post 9/11 stealing..., but Fox News put this offal on the air, as well.

necropolitics: hypersegregation concentrates and normalizes social pathologies

physorg |  In the past five decades, the meaning of single motherhood has changed dramatically, McLanahan and Jencks write. Single mothers today are far less likely than their predecessors to have ever been married. Now, single motherhood usually occurs earlier in a child's life, or even at the very beginning. It is not uncommon for women to be single when their first child is born. Also, the high rate of partner turnover during a mother's peak fertility years means that children now experience multiple men entering and exiting their lives.

"Both the departure of a father and the arrival of a mother's new partner disrupt family routines and are stressful for most children, regardless of whether the father was married to the mother or just living with her," said McLanahan, director of the Bendheim-Thoman Center for Research on Child Wellbeing at Princeton's Woodrow Wilson School of Public and International Affairs. "Likewise, this shift to never-married motherhood has probably weakened the economic and emotional ties between children and their absent fathers."

Another change is that unmarried motherhood has spread fastest among mothers who have not completed college. For blacks, the number of children living with a mother who lacks a high school diploma has increased from 56 percent in 1980 to 66 percent in 2010. For whites, the percentage of children whose mothers lack a high school degree has remained essentially unchanged, hovering at around 18 percent between 1980 and 2010.

The official poverty rate in 2013 among all families with children was 40 percent if the family was headed by an unmarried mother and only 8 percent if the family was headed by a married couple. Among blacks, the rates were 46 percent in single-mother families and 12 percent in married-parent families. Among Hispanics, the figures were 47 percent and 18 percent, and among whites the rates were 32 percent and 4 percent, respectively.

necropolitics: only killers and killing shape the fields of power in which our elected sovereigns operate...,

firstrebuttal |  Ron Paul wrote an eye opening article recently about some legislation that was just signed in Congress, namely H. Res. 758.  In the article Dr. Paul explains the purpose of the resolution.  It’s not a new law but provides a basis of facts that will be relied on for future action.  So essentially the resolution purports that Russia behaved badly in various ways and by way of signing H. Res. 758 each congressman was indicating their agreement that the propositions contained therein are factual.  Now just because a group of obnoxiously arrogant A-holes stand around in a tax-revenue financed chamber and say “yeah” to several assertions does not make those assertions factual, but here in the United Orwellian States of America it kinda does.  Because those assertions that were voted to be fact (similar to the First Council of Nicaea) will now be written as factual history and taught to our children as having happened that way.  The very same way we all attained our ideas of American superiority.

The dishonesty and ignorance it creates is reason enough not to do such things, however, the real stinker of it is, as Dr. Paul so clearly points out, the sole purpose of H. Res. 758 is simply a pouring of the legal  foundation for something much more substantive.  You see this is how wars begin.  And the wheels for this particular war have been in motion for many years now.  We’ve been told our actions heretofore are simply a necessary response to the Ukraine situation.  However, those who can objectively look at the Ukraine situation will realize the US sponsored coup in Ukraine was simply a spark to light the fuse of a much larger detonation.

Now I understand many at this point are thinking “yep another conspiracy theory, why can’t it ever just be the US government thinks what they are doing is best for Americans”?  And it can, it just never is anymore and perhaps ever was.  Lies are told and public opinion is manipulated.  For war must be every bit good theatre in the press, as good strategy on the ground.  It is the theatre that makes war so ugly.  Fighting a war for what one believes in is unfortunate and brutal but fighting for lies and deceit to an end that benefits only those telling the lies is a type of ugliness most of us cannot comprehend.  It is only in the world ruled by sociopaths where such things can happen.  Allow me to offer some facts many don’t know about how it came to be that we invaded Iraq and Syria as the truth is still very much hidden from common knowledge.

necropolitics: robert mcnamara's answer to the war on poverty...,

Vietnamese women and children in Mỹ Lai before being killed in the massacre, March 16, 1968.^[65] They were killed seconds after the photo was taken.

wikipedia |  Project 100,000 was initiated by Defense Secretary Robert McNamara in October 1966 to meet the escalating manpower requirements during American involvement in the Vietnam War and ended in December 1971.^[4] Promoted as a response to Johnson's War on Poverty by giving training and opportunity to the uneducated and poor, the recruited men were classified as “New Standards Men” (or, informally and pejoratively, as the “Moron Corps”^[5]) and had scored in Category IV of the Armed Forces Qualification Test, which placed them in the 10-30 percentile range.^[6] The number of soldiers reportedly recruited through the program varies, from more than 320,000^[6] to 354,000, which included both volunteers and conscripts (54% to 46%).^[4] Entrance requirements were loosened, but all the Project 100,000 men were sent through the normal training processes with other recruits, and performance standards thus were the same for everyone.^[7]

Project 100,000 soldiers included those unable to speak English, of low aptitude, with physical impairments, as well as those who were too short or too tall or were overweight or underweight, among other categories. They also included a special category—a control group of acceptable soldiers. Each of the different categories was identified in their official personnel records with a large red letter stamped on the first page of their enlistment contract. Human resources offices had to prepare reports on them, to be submitted monthly to Department of the Army. The monthly reports did not include the identity of the soldiers.^[1]

A 1995 review of McNamara’s book In Retrospect: The Tragedy and Lessons of Vietnam in the Washington Monthly severely criticized the project, writing that “the program offered a one-way ticket to Vietnam, where these men fought and died in disproportionate numbers...the men of the ‘Moron Corps’ provided the necessary cannon fodder to help evade the political horror of dropping student deferments or calling up the reserves, which were sanctuaries for the lily-white.”^[8]

Project 100,000 was highlighted in a 2006 op-ed in The New York Times in which former Wesleyan assistant professor and then Tufts assistant professor Kelly M. Greenhill, writing in the context of a contemporary recruitment shortfall, concluded that “Project 100,000 was a failed experiment. It proved to be a distraction for the military and of little benefit to the men it was created to help.” As for the reasons why veterans from the project fared worse after returning to civilian life compared with nonveteran peers, Greenhill hypothesized that it might be related to the psychological consequences of combat or unpreparedness for the postmilitary transition.^[1][9]

As Seymour Hersh has reported in “My Lai: A Report on The Massacre and Its Aftermath,” Lieutenant William Calley Jr. was a reflection of the type of soldier recruited during the Project 100,000 initiative. Calley “who’d flunked out of Palm Beach Junior College... and couldn’t even read a map properly...was given command of a platoon.” ^[10]

necropolitics: are overseers drawn from a subset of the cline prone to violence, and, utterly lacking impulse control?

slate |   The New York Daily News reports that the NYPD is investigating an incident recently caught on video in which a plainclothes police officer can be seen punching a black boy who is being held by three other officers. An onlooker can be heard yelling "He's twelve! He's twelve" and identifies herself in the video as a lawyer. The video, which was uploaded to YouTube Wednesday and is embedded above, has the following description:

This happened today on my way to the post office. The kids were 12. They had supposedly pushed one of their classmates down. However when the victim was asked, he said those weren't the guys. They were still taken away. 12. Years. Old.

The Daily News was unable to verify the age of the boy being punched in the video.

necropolitics: the flower of american womanhood (wait for it, wait for it..., she'll be ID'd before long)

newyorker |  As NBC recounts, this egregious chapter was apparently only the first in a long tale, in which the same C.I.A. official became a driving force in the use of waterboarding and other sadistic interrogation techniques that were later described by President Obama as “torture.” She personally partook in the waterboarding of Khalid Sheikh Mohammed, the architect of the 9/11 attacks, at a black site in Poland. According to the Senate report, she sent a bubbly cable back to C.I.A. headquarters in 2003, anticipating the pain they planned to inflict on K.S.M. in an attempt to get him to confirm a report from another detainee, about a plot to use African-American Muslims training in Afghanistan for future terrorist attacks. “i love the Black American Muslim at AQ camps in Afghanuistan (sic). … Mukie (K.S.M.) is going to be hatin’ life on this one,” she wrote, according to the report. But, as NBC notes, she misconstrued the intelligence gathered from the other detainee. Somehow, the C.I.A. mistakenly believed that African-American Muslim terrorists were already in the United States. The intelligence officials evidently pressed K.S.M. so hard to confirm this, under such physical duress, that he eventually did, even though it was false—leading U.S. officials on a wild-goose chase for black Muslim Al Qaeda operatives in Montana. According to the report, the same woman oversaw the extraction of this false lead, as well as the months-long rendition and gruesome interrogation of another detainee whose detention was a case of mistaken identity. Later, in 2007, she accompanied then C.I.A. director Michael Hayden to brief Congress, where she insisted forcefully that the torture program had been a tremendous and indispensable success.

necropolitics: subjectivity and the material destruction of human bodies and populations as the sovereign political project

theatlantic |  On December 5, 1969, President Richard Nixon appointed Stephen Hess to the position of National Chairman of the White House Conference for Children and Youth. Hess's task was to "listen well to the voices of young Americans -- in the universities, on the farms, the assembly lines, the street corners," in the hopes of uncovering their opinions on America's domestic and international affairs. After two years of intensive planning, Hess and 1,486 delegates from across the country met in Estes Park, Colorado, and, from April 18 to 22, 1971, discussed ten areas that most concerned the youth of America. These issues included, not surprisingly, the draft and the war in Vietnam, the economy and employment, education, the environment, poverty, and, most notably for Points readers, drugs.

The task force on drugs, composed of eight youths and four adults, forcefully argued for addressing the root causes of drug abuse, advocating therapy for addicts rather than incarceration or punishment. "We acknowledge that drug abuse is largely a symptom of the individual's inability to cope with his immediate personal environment," they conceded. "However, it must be understood that deep societal ills increase the individual's sense of personal alienation. Specifically, our society has permitted the perpetuation of the Indochina War, of institutional and personal racism, of the pollution of our environment, and of the urban crises.... If the administration is sincere in its concern with drug abuse, it must deal aggressively with the root causes as well as implement the recommendations contained herein."

At this point, it might have been easier if Nixon had just told his Conference delegates that they couldn't have their "root causes" cake (even with its concessionary 'individual inability to cope' icing) and eat it too: There was only so much federal funding to go around. Just three months after the Youth Conference met, Nixon launched a drug war that framed drug users not as alienated youths whose addiction was caused by inhabiting a fundamentally inequitable society, but as criminals attacking the moral fiber of the nation, people who deserved only incarceration and punishment.

i cry a crocodile tear for you...

USA Today | The attorneys general of Nebraska and Oklahoma sued Colorado in the U.S. Supreme Court on Thursday, arguing state-legalized marijuana from Colorado is improperly spilling across state lines. 

The suit invokes the federal government's right to regulate both drugs and interstate commerce, and says Colorado's decision to legalize marijuana has been "particularly burdensome" to police agencies on the other side of the state line. In June, USA TODAY highlighted the flow of marijuana from Colorado into small towns across Nebraska: felony drug arrests in Chappell, Neb., just 7 miles north of the Colorado border have skyrocketed 400% in three years. "In passing and enforcing Amendment 64, the state of Colorado has created a dangerous gap in the federal drug control system enacted by the United States Congress. Marijuana flows from this gap into neighboring states, undermining plaintiff states' own marijuana bans, draining their treasuries, and placing stress on their criminal justice systems," says the lawsuit. "The Constitution and the federal anti-drug laws do not permit the development of a patchwork of state and local pro-drug policies and licensed distribution schemes throughout the country which conflict with federal laws."

"Coloradans overwhelmingly voted in favor of legalizing marijuana. In so doing, we've chosen the licensed and regulated marijuana businesses over violent criminal organizations. Colorado has created a comprehensive and robust regulatory program for the sale of marijuana in Colorado," Mike Elliot of Colorado's Marijuana Industry Group said in a statement. "And the data is overwhelmingly showing that Colorado has enhanced public safety, the economy, and the freedom of its citizens. If Nebraska and Oklahoma succeed, they will put the violent criminal organizations back in charge."

Mason Tvert of the national Marijuana Policy Project was more blunt: "These guys are on the wrong side of history."

necropolitics: project to study whether theories of “learned helplessness” derived from experiments on dogs might work on human enemies

thenation |  Human experimentation was a core feature of the CIA’s torture program. The experimental nature of the interrogation and detention techniques is clearly evident in the Senate Intelligence Committee’s executive summary of its investigative report, despite redactions (insisted upon by the CIA) to obfuscate the locations of these laboratories of cruel science and the identities of perpetrators.

At the helm of this human experimentation project were two psychologists hired by the CIA, James Mitchell and Bruce Jessen. They designed interrogation and detention protocols that they and others applied to people imprisoned in the agency’s secret “black sites.”

In its response to the Senate report, the CIA justified its decision to hire the duo: “We believe their expertise was so unique that we would have been derelict had we not sought them out when it became clear that CIA would be heading into the uncharted territory of the program.” Mitchell and Jessen’s qualifications did not include interrogation experience, specialized knowledge about Al Qaeda or relevant cultural or linguistic knowledge. What they had was Air Force experience in studying the effects of torture on American prisoners of war, as well as a curiosity about whether theories of “learned helplessness” derived from experiments on dogs might work on human enemies.

To implement those theories, Mitchell and Jessen oversaw or personally engaged in techniques intended to produce “debility, disorientation and dread.” Their “theory” had a particular means-ends relationship that is not well understood, as Mitchell testily explained in an interview on Vice News: “The point of the bad cop is to get the bad guy to talk to the good cop.” In other words, “enhanced interrogation techniques” (the Bush administration’s euphemism for torture) do not themselves produce useful information; rather, they produce the condition of total submission that will facilitate extraction of actionable intelligence.

Mitchell, like former CIA Director Michael Hayden and others who have defended the torture program, argues that a fundamental error in the Senate report is the elision of means (waterboarding, “rectal rehydration,” weeks or months of nakedness in total darkness and isolation, and other techniques intended to break prisoners) and ends—manufactured compliance, which, the defenders claim, enabled the collection of abundant intelligence that kept Americans safe. (That claim is amply and authoritatively contradicted in the report.)

necropolitics: move out the way so I can see these honest and reasonable men and their unicorns...,

theatlantic |  Justice Elena Kagan, joined by Justice Ruth Bader Ginsburg, wrote separately to attempt to limit the effect of the decision. It’s not a question of whether he actually knew the law, but of whether the law was really clear to everybody, she wrote. “If the statute is genuinely ambiguous, such that overturning the officer’s judgment requires hard interpretive work, then the officer has made a reasonable mistake,” she wrote. “But if not, not.” All very well, but I can’t help concluding that Heien makes it easier for police to find a reason to stop anyone they think looks suspicious. And we as a society are learning some very hard lessons about what can go wrong with police stops. Roberts’s opinion takes not the slightest notice of the events of the past year. The world he describes is a kind of happy valley were police are polite, citizens know their rights, consent to search is always freely given, and only evildoers feel dread when they see a blue light in the rear-view mirror. “[R]easonable men make mistakes of law,” as well as of fact, he says.

If only we all lived in the Chief’s empire of reason, and drove on his celestial streets! Those of us in the sublunary world, however, traverse streets where fear, not reason, is often the currency. Justice Sonia Sotomayor, in a solo dissent, protested that the decision “means further eroding the Fourth Amendment’s protection of civil liberties in a context where that protection has already been worn down.” She pointed out that “[g]iving officers license to effect seizures so long as they can attach to their reasonable view of the facts some reasonable legal interpretation (or misinterpretation) that suggests a law has been violated significantly expands [their] authority.” And setting out a standard that permits stops based on “reasonable” errors but not on “unreasonable ones,” she argued, further confuses the world of criminal procedure. Even a citizen who knows the law and conforms to it may be subject to police seizure of the officer “reasonably” misunderstands that same law. The Court’s new standard, she wrote, “will prove murky in application.”

necropolitics: honest men can differ over the course of action that was taken, but this was about trying to help the country...,

rcp |  In a secret CIA prison in Thailand, codenamed Detention Site Green, Abu Zubaydah sat shackled to a chair, naked except for a hood over his head. The windowless cell was painted white and illuminated by four halogen lights.

The terrorist said to have ranked third in al-Qaeda had been captured in Pakistan five months earlier, in March 2002. He had endured relentless questioning, but this day would be different: an American former military psychologist working as a CIA contractor and identified last week by the pseudonym Grayson Swigert would run the interrogation.

For the first time, Swigert had been authorised to use up to 11 “enhanced interrogation techniques”. According to critics of the Orwellian-sounding “EIT programme”, the US was entering the torture business.

The CIA officers interrogating Abu Zubaydah were directed by Swigert and a fellow PhD in psychology, given the name Hammond Dunbar, to place a rolled towel around his neck. They removed his hood, grabbed his face and forced him to watch a coffin being brought into the cell. He was slapped and slammed against a wall.

Six hours later, Swigert decreed that “waterboarding” would begin. Abu Zubaydah was held down as water was poured on to a cloth over his face, simulating drowning.

According to CIA records, Abu Zubaydah vomited and had “involuntary spasms of the torso and extremities”. He was to be waterboarded at least 83 times over the next 17 days. On one occasion, he “became completely unresponsive with bubbles rising through his open, full mouth”.

An incendiary 525-page report summary released by Democrats on the Senate select committee on intelligence last week portrayed Swigert as the architect of a regime of torture. It depicted Swigert and Dunbar as profiteers who had duped the CIA into paying their company $81m (£51m).

“Neither psychologist had any experience as an interrogator, nor did either have specialised knowledge of al-Qaeda, a background in counterterrorism, or any relevant cultural or linguistic expertise,” the report stated.

Speaking at his home outside Tampa, Florida, James Mitchell, 62, a veteran of US air force special forces and a former instructor at its Survival, Evasion, Resistance and Escape (SERE) school, acknowledged that he was Swigert. He blasted the report, which has been bitterly criticised by the CIA and branded by Republicans as a partisan “hit job”. Dunbar was identified as a one-time Mormon bishop from Idaho called Bruce Jessen.

“It’s like being caught up in a Kafka novel,” said Mitchell. “They’re just interested in burning down the CIA and smearing the names and reputations of people who died protecting this country.”