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.”

power structures at the urban level...,

ucsc |  Power structures at the city level are different from the national power structure. They are not junior editions of the national corporate community.

That's because local power structures are land-based growth coalitions. They seek to intensify land use. They are opposed by the neighborhoods they invade or pollute, and by environmentalists.

To the shock and dismay of land-based elites, the workers who poured into the cities between 1870 and 1920 challenged elite rule through Democratic Party machines and the Socialist Party. So the growth elites created a "good government" ideology and a set of "reforms" that literally changed the nature of local governments and took them out of the reach of the upstarts.

The theory presented here explains all the key case studies of the past, including the most important ones, such as Atlanta and San Francisco, and the one that had the most impact, political scientist Robert A. Dahl's study of New Haven, which turns out to be wrong on almost every key point.

The city-level pluralists (who have now morphed into public-choice theorists in some cases) have an inadequate theory of city power because they rely on classical free-market economics, ignore the fact that growth does not benefit everyone in the city, and downplay or ignore the genuine conflicts that exist between growth elites and neighborhoods. There is little or no concern with power in their theory.

Marxist theory fails at the local level because it does not take its own distinction between "exchange value" and "use value" seriously, focuses almost entirely on finance and industrial capital, treats neighborhood as a residual category (merely a place to reproduce the working class), and interprets every conflict as a "class conflict" even though the primary battle in cities is between land-based growth coalitions trying to increase "rents" and neighborhoods that are trying to defend their use values.

necropolitics

anthrobiopolitics |  The politics of death, termed ‘necropolitics’, is examined here through the work of several scholars, each of whom is interested in differently understanding the forms that death takes under biopower. Specifically, these works delve deeper into the question which asks, if biopolitics is about making live, then how do we explain the presence of so much death today? In the present neoliberal era of terror and insecurity, it seems that what we may be witnessing is a new, unprecedented form of biopolitical governmentality in which necropower, or the technologies of control through which life is strategically subjugated to the power of death (Mbembe 2003), operates significantly with and alongside technologies of discipline, and the power to make live, for an increasingly authoritarian politics which governs through economic, rather than social terms (Giroux 2006). In what follows, I review four pieces of scholarship that deal variously with death as a field of [bio]power, and attempt to highlight the differing conceptualizations of necropower they each focus upon. I ultimately conclude that, in reading these pieces together, we are drawn to the task of considering the powerful and generative ubiquity of “bare life” as a fundamental aspect of biopolitics in the contemporary neoliberal era of normalized insecurity and terror.

According to Achille Mbembe, “To exercise sovereignty is to exercise control over mortality and to define life as the deployment and manifestation of power” (2003:12). In his 2003 article, “Necropolitics”, Mbembe theorizes the enactment of sovereignty in cases where “the generalized instrumentalization of human existence and the material destruction of human bodies and populations” is the central project of power, rather than autonomy (p.14). Significantly, he takes up the philosophical project of conceptualizing the relationship between subjectivity and death as the roots of political sovereignty, and the particular form sovereign power’s enactment has taken through the historical process of linking together notions of modernity and terror. That is, taking seriously Schmitt and Agamben’s notion of sovereignty as the state of exception, we see through Mbembe’s work how Taussig’s wedding of reason and violence becomes extended and reformulated in the colonial contexts of late-modern forms of occupation, where endless states of terror are used to justify the “concatenation of multiple powers: disciplinary, biopolitical, and necropolitical” (p.29), for which military presence and regularized warfare increasingly leads to totalizing forms of domination over human lives within a given space, and one that is endlessly shifting.

rule of law: flanking giuliani, police union bosses, the hudson and manhattan institutes...,

wikipedia |  The War on Drugs has incarcerated disproportionately high numbers of African-Americans. However, the damage has compounded beyond individuals and their families to affect African-American communities as a whole.

African-American children are over-represented in juvenile hall and family court cases, and as a result, they are removed from their families in droves, and placed in the federal system.^[15] This is due to two reasons.

First, the high incarceration rate has not ignored families: mothers and fathers are incarcerated as well. This leads to a lack of a parental (mother or father incarcerated) figure to provide a good role model and stabilize a household. The impacts on their children are severe. African-American youths are becoming highly involved in gangs in order to generate income for their families lacking a primary breadwinner; with the War on Drugs having made the drug trade lucrative, it is a far more profitable for them to work for a dangerous drug gang than at a safe entry-level job.^[16] The second-hand consequences of this are African-American youths dropping out of school, being tried for drug-related crime, and acquiring AIDS at disparate levels.^[16]

Second, the high incarceration rate has led to the juvenile justice system and family courts to use race as a negative heuristic in trials, leading to a reinforcing effect: as more African-Americans are incarcerated, the more the heuristic is enforced in the eyes of the courts.^[15] This contributes to yet higher imprisonment rates among African-American children, and tearing apart already damaged families.

The high imprisonment rate has also led the police to target African-American communities at disparately high levels of surveillance, invading privacy rights of individuals without probable cause, and ultimately breeding a distrust for police among African American communities.^[17] High numbers of African American arrests and charges of possession show that although the majority of drug users in the United States are white, African Americans are the largest group being targeted as the root of the problem.^[17] A distrust of the police in African American communities seems like a logical feeling. Harboring these emotions can lead to a lack of will to contact the police in case of an emergency by members of African American communities, ultimately leaving many people unprotected. Disproportionate arrests in African American communities for drug-related offenses has not only spread fear but also perpetuated a deep distrust for government and what some call racist drug enforcement policy.

The War on Drugs also plays a negative role in the lives of women of color. In 1997, of women in state prisons for drug-related crimes, forty-four percent were Hispanic, thirty-nine percent were black, and twenty-three percent were white, quite different from the racial make up shown in percentages of the United States as a whole.^[18] Statistics in England, Wales, and Canada are similar. Women of color who are implicated in drug crimes are “generally poor, uneducated, and unskilled; have impaired mental and physical health; are victims of physical and sexual abuse and mental cruelty; are single mothers with children; lack familial support; often have no prior convictions; and are convicted for a small quantity of drugs”.^[18]

Additionally, these women typically have an economic attachment to, or fear of, male drug traffickers, creating a power paradigm that sometimes forces their involvement in drug-related crimes.^[19] Though there are programs to help them, women of color are usually unable to take advantage of social welfare institutions in America due to regulations. For example, women’s access to methadone, which suppresses cravings for drugs such as heroin, is restricted by state clinics that set appointment times for women to receive their treatment. If they miss their appointment, (which is likely: drug-addicted women may not have access to transportation and lead chaotic lives), they are denied medical care critical to their recovery. Additionally, while women of color are offered jobs as a form of government support, these jobs often do not have childcare, rendering the job impractical for mothers, who cannot leave their children at home alone.^[19]

aztec death whistle?...

REDUX: dangerous scumbag deconstruction - master class REDUX (originally posted 3/27/13 )

shameproject | Author of The Bell Curve; Scholar at the American Enterprise Institute

Charles Murray is one of the most influential right-wing ideological architects of the post-Reagan era. His career began in a secret Pentagon counterinsurgency operation in rural Thailand during the Vietnam War, a program whose stated purpose included applying counter-insurgency strategies learned in rural Thailand on America's own restive inner cities and minority populations. By the late 1970s, Charles Murray was drawing up plans for the US Justice Department that called for massively increasing incarceration rates. In the 1980s, backed by an unprecedented marketing campaign, Murray suddenly emerged as the nation's most powerful advocate for abolishing welfare programs for single mothers. Since then, Murray revived discredited racist eugenics theories "proving" that blacks and Latinos are genetically inferior to whites, and today argues that the lower classes are inferior to the upper classes due to breeding differences.

rule of law: war on drugs targetted and hurt black families because it was intended to!

socialistworker |  THE GRAND jury decisions not to indict Darren Wilson or Daniel Pantaleo in the murders of Mike Brown and Eric Garner has rightly sparked a nationwide discussion around the state of police violence against Black and Brown men and women in the U.S., as well as the systemic racism that runs through U.S. institutions.

A new vein to the mainstream discussion of police violence emerged recently during a press conference with Garner's widow, which pointed out how police brutality and mass incarceration are also issues of reproductive justice.

In a press conference on December 3, Esaw Garner, referring to the police officer who murdered her husband, said, "He's still feeding his kids, when my husband is six feet under, and I'm looking for a way to feed my kids now."

The concept of reproductive justice, as coined by the women of color-led organization SisterSong, is defined as follows:

The reproductive justice framework--the right to have children, not have children, and to parent the children we have in safe and healthy environments--is based on the human right to make personal decisions about one's life, and the obligation of government and society to ensure that the conditions are suitable for implementing one's decisions is important for women of color.

In a nation where the police, security guards or self-appointed vigilantes murder another Black man every 28 hours, Black families live in constant fear that their sons, fathers, husbands, partners and brothers will be the latest victim.

It is essential that we, as reproductive justice activists are present to make the argument that it is not enough to have the right to have children or terminate a pregnancy, but that true reproductive justice means being able to parent without fear your child will be murdered for playing with a toy gun in a public park or for going to the store to buy Skittles.

rule of law: I heard about your problems I feel bad for you son...,

thesmokingun |  The grand jury witness who testified that she saw Michael Brown pummel a cop before charging at him “like a football player, head down,” is a troubled, bipolar Missouri woman with a criminal past who has a history of making racist remarks and once insinuated herself into another high-profile St. Louis criminal case with claims that police eventually dismissed as a “complete fabrication,” The Smoking Gun has learned. 

In interviews with police, FBI agents, and federal and state prosecutors--as well as during two separate appearances before the grand jury that ultimately declined to indict Officer Darren Wilson--the purported eyewitness delivered a preposterous and perjurious account of the fatal encounter in Ferguson.

Referred to only as “Witness 40” in grand jury material, the woman concocted a story that is now baked into the narrative of the Ferguson grand jury, a panel before which she had no business appearing.

While the “hands-up” account of Dorian Johnson is often cited by those who demanded Wilson’s indictment, “Witness 40”’s testimony about seeing Brown batter Wilson and then rush the cop like a defensive end has repeatedly been pointed to by Wilson supporters as directly corroborative of the officer’s version of the August 9 confrontation. The “Witness 40” testimony, as Fox News sees it, is proof that the 18-year-old Brown’s killing was justified, and that the Ferguson grand jury got it right.

However, unlike Johnson, “Witness 40”--a 45-year-old St. Louis resident named Sandra McElroy--was nowhere near Canfield Drive on the Saturday afternoon Brown was shot to death.

Though prosecutors have sought to cloak the identity of grand jury witnesses, a TSG investigation has identified McElroy as “Witness 40.” A careful analysis of information contained in the unredacted portions of “Witness 40”’s grand jury testimony helped reporters identify McElroy and then conclusively match up details of her life with those of “Witness 40.”

TSG examined criminal, civil, matrimonial, and bankruptcy court records, as well as online postings and comments to unmask McElroy as “Witness 40,” the fabulist whose grand jury testimony and law enforcement interviews are deserving of multi-count perjury indictments.

Since the identities of grand jurors--as well as details of their deliberations--remain secret, there is no way of knowing what impact McElroy’s testimony had on members of the panel, which subsequently declined to vote indictments against Wilson. That decision touched off looting and arson in Ferguson, about 30 miles from the apartment the divorced McElroy shares with her three daughters.

* * *

Sandra McElroy did not provide police with a contemporaneous account of the Brown-Wilson confrontation, which she claimed to have watched unfold in front of her as she stood on a nearby sidewalk smoking a cigarette.

Instead, McElroy (seen at left) waited four weeks after the shooting to contact cops. By the time she gave St. Louis police a statement on September 11, a general outline of Wilson’s version of the shooting had already appeared in the press. McElroy’s account of the confrontation dovetailed with Wilson’s reported recollection of the incident.

they saw it coming... and still, it didn't matter

Founders Documents, University of Chicago |

Amendment VIII

Document 13

Debate in Virginia Ratifying Convention

16 June 1788Elliot 3:447--48, 451--52

Patrick Henry: . . . Congress, from their general powers, may fully go into business of human legislation. They may legislate, in criminal cases, from treason to the lowest offence--petty larceny. They may define crimes and prescribe punishments. In the definition of crimes, I trust they will be directed by what wise representatives ought to be governed by. But when we come to punishments, no latitude ought to be left, nor dependence put on the virtue of representatives.

What says our [Virginia] bill of rights?--"that excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Are you not, therefore, now calling on those gentlemen who are to compose Congress, to . . . define punishments without this control? Will they find sentiments there similar to this bill of rights? You let them loose; you do more--you depart from the genius of your country. . . .

In this business of legislation, your members of Congress will loose the restriction of not imposing excessive fines, demanding excessive bail, and inflicting cruel and unusual punishments. These are prohibited by your declaration of rights. What has distinguished our ancestors?--That they would not admit of tortures, or cruel and barbarous punishment.

But Congress may introduce the practice of the civil law, in preference to that of the common law. They may introduce the practice of France, Spain, and Germany--of torturing, to extort a confession of the crime. They will say that they might as well draw examples from those countries as from Great Britain, and they will tell you that there is such a necessity of strengthening the arm of government, that they must have a criminal equity, and extort confession by torture, in order to punish with still more relentless severity.  

We are then lost and undone.

purely unselfconscious overseer-union not-see goon self-destructs on national teevee...,

sbnation |  Cleveland Browns wide receiver Andrew Hawkins took the field Sunday in a shirt reading "Justice for Tamir Rice and John Crawford III" in a gesture to bring light to officer-involved shootings in Ohio that have happened in the last three months. Now Cleveland Police Patrolman Union President Jeff Follmer is demanding an apology from the Browns for Hawkins' actions on Sunday. 

Follmer released a statement to NewsNet5 in Cleveland, directly asking for the organization to address the issue and referencing the police role in security at FirstEnergy Stadium.

"It's pretty pathetic when athletes think they know the law. They should stick to what they know best on the field. The Cleveland Police protect and serve the Browns stadium and the Browns organization owes us an apology."

The statement comes two weeks after police in St. Louis demanded an apology from the Rams after a group of receivers took part in a "Hands Up, Don't Shoot" gesture referencing the shooting of Michael Brown during their introductions against the Oakland Raiders in Week 13.

Police in St. Louis claimed the organization apologized to them following that incident, which the team quickly denied. The Browns did not apologize for the shirt worn by Hawkins and supported the receiver in a statement given to NewsChannel 5 in Cleveland:

We have great respect for the Cleveland Police Department and the work that they do to protect and serve our city. We also respect our players' rights to project their support and bring awareness to issues that are important to them if done so in a responsible manner.

12 year old boy shot before he could comply with incompetent coward overseer loehman's orders

guardian |  The mother of a 12-year-old Ohio boy fatally shot by police who believed he was carrying a gun said on Monday he was never given a chance to follow officers’ orders.

Samaria Rice said in an interview with the Associated Press offices in New York that her son, Tamir Rice, was shot before he could comply with police who pulled up next to him on a Cleveland playground. A rookie officer fired within 2 seconds.

Tamir had an airsoft gun, which shoots nonlethal plastic pellets.

Rice said she wants the officer charged with murder and she called on authorities to make sure young officers don’t “ignore the training.”

Police say officers were responding to a call 22 November about someone possibly carrying a gun. They say Tamir didn’t respond to commands to raise his hands before officer Timothy Loehmann fired his weapon. The officers also meant to stop the patrol car farther from Tamir but the vehicle slid on the grass, the Cleveland police union has said.

Rice said she found out later that Tamir was handed the fake weapon by a girl at the playground. She said police put Tamir’s 14-year-old sister in handcuffs as she rushed to help her mortally wounded brother that day.

Rice’s attorney, Benjamin Crump, said that the two officers could have defused the situation – by talking to the boy from a distance instead of pulling up next to him on the grass and firing.

An internal Cleveland police investigation is underway and the results will be turned over to the local prosecutor, who will present them to a grand jury. The fatal encounter was caught on surveillance video.

pre-emptive overseer shooting of tamir rice ruled a homicide...,

slate |  The death of Tamir Rice, a black 12-year-old boy who was shot by a white police officer in Cleveland on Nov. 22, has been ruled a homicide. Medical examiner Thomas P. Gilson wrote in an autopsy report released on Friday that the cause of death was a “gunshot wound of the torso with injuries of major vessel, intestines and pelvis.”

From the Washington Post:

Officers had responded to a 911 call reporting a person pointing a gun—which turned out to be a toy pistol missing its orange safety cap. Video footage of the shooting shows Officer Timothy Loehmann, 26, shooting Tamir within seconds of arriving on the scene.

Rice died on Nov. 23, after being rushed to MetroHealth Medical Center. His family has filed a wrongful death suit. Loehmann struggled with firearms qualification training two years ago—a 2012 memo states that his handgun performance was “dismal.” He resigned from his previous police job after a superior recommended he be fired.

It took four minutes for Rice to receive medical attention, and when he did, it was not from Loehmann or his partner: A nearby FBI agent gave him mouth-to-mouth, according to Cleveland.com

In a Dec. 4 release, the U.S. Department of Justice and the City of Cleveland agreed to police reform, after “finding a pattern or practice of excessive force.”

I tried to get out, but the money and the yayo pulled me back....,

thenation |  A central player in the Bush-Cheney’s torture program is Jose A. Rodriguez, who, according to The New York Times, was then the head of the CIA’s Counterterrorism Center during the worst of the barbarity—the rectal hummus flushes, drills, dogs, broken limbs, sexual humiliation and assault, sleep deprivation, intense heat, intense cold, blood thinners, beatings and deaths from exposure. When agents in the field began sending e-mails to voice dismay, Rodriguez told them to shut up: “Strongly urge that any speculative language as to the legality of given activities or, more precisely, judgment calls as to their legality vis-à-vis operational guidelines for this activity agreed upon and vetted at the most senior levels of the agency, be refrained from in written traffic (email or cable traffic).” “Such language is not helpful,” he said. Rodriguez was involved in an earlier scandal regarding Bush-Cheney torture, fingered for destroying “videotapes recording the interrogations of top al Qaeda operatives.”

Rodriguez was born in Puerto Rico and joined the CIA in 1976. Nineteen seventy-six was a key year in the evolution of the national security state—the high point of congressional efforts to rein in the imperial presidency (Gerald Ford was forced to sign his “no assassinations of foreign leaders’ pledge that year) and the start of the New Right’s efforts to build a workaround those regulations (i.e., Iran/Contra). Rodriguez spent most of his career in Latin America, bridging the Cold War and the war on drugs. His background is sketchy—there’s not too much public information on what he was doing where in Latin America and his autobiography is vague. According to the The Wall Street Journal, Rodriguez “is a product of what one former agency colleague called ‘the rough and tumble’ Latin American division, which was responsible for thwarting Russian aggression in that part of the world. That strategy eventually evolved into the Iran/Contra scandal.” The Latin American Division was thick into Iran/Contra, and Rodriguez was involved in Panama when Noriega was in charge, that is, at the height of the scandal. He was in Mexico in 1990, where he served as CIA station chief at the beginning of that country’s descent into narco-NAFTA madness.

After 9/11, he was tapped by the CIA to manage its torture program—even though he didn’t speak Arabic and had no experience in the Middle East. He apparently had other talents. Mark Mazzetti in the Times writes that he “won praise while in the job for an aggressive strategy to capture, detain and interrogate leaders of Al Qaeda.” Rodriguez’s promotion to a top slot in Washington’s torture program is a pretty stark example of Latin America’s serving as “empire’s workshop.” Elsewhere, I’ve given an overview of the torture techniques the United States helped work out in Latin America during the Cold War (as have others, including Patrice McSherry here). These included waterboarding, a technique called, in Spanish, “el submarino.” (After a 1992 investigation, the Pentagon destroyed copies of the seven infamous torture instruction manuals it had used to train Latin American allies; Marcy Wheeler, though, writes that Dick Cheney and his legal counsel, David Addington “saved the only known copies” for their personal files).

More recently, though, with the return of the Latin American left to political power, the region has refused to participate in Bush-Cheney-Rumsfeld’s global torture archipelago, that is, its extraordinary rendition program, which implicated every region of the globe, even peace-loving Scandinavia, except South America.

As for Rodriguez, after he retired from the CIA he went private, walking through that “revolving door” that connects Langley to any one of those Virginia-based private security companies (Blackwater apparently recruited him, but he chose another firm). In any case, he is back in the public eye, writing one op-ed after another defending torture. “I know it worked,” he insists, contrary to critics who say that forced rectal flushing garnered no serviceable intelligence. He’s joined other former CIA officials to set up a webpage to push back on criticism: CIASavedLives.com.

in 1971 nixon declared an all-out war on drugs - millions of non-violent "offenders" are behind bars because of this "war"