Originally Posted By terribleapologies

Hot Off the Press

From the Terrible Apologies blog:

From President Obama’s speech on drones and national security today:

It is a hard fact that U.S. strikes have resulted in civilian casualties, a risk that exists in all wars. For the families of those civilians, no words or legal construct can justify their loss. For me, and those in my chain of command, these deaths will haunt us as long as we live…

Let us remember that the terrorists we are after target civilians, and the death toll from their acts of terrorism against Muslims dwarfs any estimate of civilian casualties from drone strikes…”

He feels pretty bad about it, but really the terrorists should feel worse.

So, there’s that.

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Originally Posted By shortformblog

Via my friends at Short Form Blog:

The first page of the letter from Attorney General Eric Holder revealing that Americans have been killed in counterterrorism operations. Click to read more.

The thing that’s so fascinating about this letter is that the majority of the first page is all about how the Obama administration is so committed to transparency.
“We promised to be the most transparent administration we could possibly be, so now we’re going to tell you a horrible thing that you — and everyone else — already knows, namely that we assassinated four American citizens abroad and we really only intended to assassinate one of them … but we was a really bad guy and the other guys were almost certainly related to him or working with him or hanging out near him.”
Does someone actually believe that this is what transparency means?

Via my friends at Short Form Blog:

The first page of the letter from Attorney General Eric Holder revealing that Americans have been killed in counterterrorism operations. Click to read more.

The thing that’s so fascinating about this letter is that the majority of the first page is all about how the Obama administration is so committed to transparency.

“We promised to be the most transparent administration we could possibly be, so now we’re going to tell you a horrible thing that you — and everyone else — already knows, namely that we assassinated four American citizens abroad and we really only intended to assassinate one of them … but we was a really bad guy and the other guys were almost certainly related to him or working with him or hanging out near him.”

Does someone actually believe that this is what transparency means?

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Guatemala’s constitutional court has overturned a genocide conviction against former dictator José Efraín Ríos Montt, throwing out all proceedings against him since a dispute broke out in April over who should hear it.
Ríos Montt was found guilty on 10 May of overseeing the deliberate killings by the armed forces of at least 1,771 members of the Maya Ixil population during his 1982-83 rule. He was sentenced to 80 years in prison.
But the constitutional court said it had thrown out all proceedings in the case that took place after 19 April. It was then that the trial against Ríos Montt was suspended after a spat between judges over who should take the case.

Sebastian Elgueta, Amnesty International’s researcher on Guatemala outlines the serious and far-reaching problems raised by the constitutional court’s ruling:

“The legal basis for the ruling is unclear, and it is uncertain how the trial court can hit the reset button to get back to a point in mid-April. What is clear is that the Constitutional Court has just thrown up formidable obstacles to justice and accountability for a harrowing period in Guatemala’s recent history.   “With the sentence on 10 May, the trial court had sent a strong signal that crimes against thousands of Mayan victims would not be tolerated. The Constitutional Court has now questioned that message, putting the right to truth, justice and reparation at risk in Guatemala.”

Guatemala’s constitutional court has overturned a genocide conviction against former dictator José Efraín Ríos Montt, throwing out all proceedings against him since a dispute broke out in April over who should hear it.

Ríos Montt was found guilty on 10 May of overseeing the deliberate killings by the armed forces of at least 1,771 members of the Maya Ixil population during his 1982-83 rule. He was sentenced to 80 years in prison.

But the constitutional court said it had thrown out all proceedings in the case that took place after 19 April. It was then that the trial against Ríos Montt was suspended after a spat between judges over who should take the case.

Sebastian Elgueta, Amnesty International’s researcher on Guatemala outlines the serious and far-reaching problems raised by the constitutional court’s ruling:

“The legal basis for the ruling is unclear, and it is uncertain how the trial court can hit the reset button to get back to a point in mid-April. What is clear is that the Constitutional Court has just thrown up formidable obstacles to justice and accountability for a harrowing period in Guatemala’s recent history.   

“With the sentence on 10 May, the trial court had sent a strong signal that crimes against thousands of Mayan victims would not be tolerated. The Constitutional Court has now questioned that message, putting the right to truth, justice and reparation at risk in Guatemala.”

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Originally Posted By laphamsquarterly

I used to think that Millard Fillmore was just a funny example of a president no one really cares about … like Chester Arthur, John Tyler, or Martin Van Buren.
But, thanks to Lapham’s Quarterly, one thing I learned today is that Millard Fillmore is a vampire who still walks among us:

While working on the bio for Millard Fillmore for the next issue, we noticed something…uncanny.

I used to think that Millard Fillmore was just a funny example of a president no one really cares about … like Chester Arthur, John Tyler, or Martin Van Buren.

But, thanks to Lapham’s Quarterly, one thing I learned today is that Millard Fillmore is a vampire who still walks among us:

While working on the bio for Millard Fillmore for the next issue, we noticed something…uncanny.

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“If Governor Scott would just sit with me and others like me, I know he will veto this bill that, if it had been law, would have ended my life.”

That’s Seth Penalver, who was exonerated after 18 years when evidence of innocence was uncovered.

Here’s what he’s talking about:

In the final days of the legislative session, the Florida legislature passed a bill which limits the appeals and speeds up the execution process of those on death row.

On Wednesday, at an event sponsored by the American Civil Liberties Union, two former Death Row inmates who were later exonerated plan to publicly ask for a meeting with Governor Rick Scott to urge him not to sign the measure.

HB 7083, the so-called “Timely Justice Act” limits appeals and requires that when these limited and shortened appeals are exhausted, “Within 30 days after receiving the letter of certification from the clerk of the Florida Supreme Court, the Governor shall issue a warrant for execution if the executive clemency process has concluded, directing the warden to execute the sentence within 180 days, at a time designated in the warrant.”

So, you know, it’s either timely “justice” or it’s grave injustice. But either way, it’s quick. And apparently Florida legislators just like their justice or injustice to happen quickly.

If you have to kill a few innocent people in order to get revenge as fast as possible against several dozen guilty people, well, that’s a good deal, right?

I’ll just go ahead and answer my own question: No, Florida, it’s not.

(Via)

(Source: miami.cbslocal.com)

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I don’t know anything about Rep. Steve Stockman, a Republican representing Texas’ 36th District, but I do know comedy when I see it.
In other news, at what point will Republicans exhaust themselves in their endless attempts to repeal the Affordable Care Act? Is it never? If it’s never, just tell me so I can stop paying attention.

I don’t know anything about Rep. Steve Stockman, a Republican representing Texas’ 36th District, but I do know comedy when I see it.

In other news, at what point will Republicans exhaust themselves in their endless attempts to repeal the Affordable Care Act? Is it never? If it’s never, just tell me so I can stop paying attention.

(Source: salon.com)

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Nebraska’s Death Penalty

Nebraska’s death penalty is arbitrary, unfair, expensive, and useless … in short, it’s hopelessly, hopelessly broken:

Since 1976, when the U.S. Supreme Court affirmed the constitutionality of capital punishment, Nebraska has spent an estimated $100 million on death penalty cases and executed three people.

“Why do we have something on our books that is so inefficient? So costly?” asked Sen. Colby Coash of Lincoln, who also once supported the death penalty.

Coash said Nebraska would never again carry out an execution because it was becoming increasingly difficult to get lethal injection drugs.

“There isn’t going to be another execution in this state,” he said. “It’s not gonna happen.

“What good has the death penalty done for our citizens? What good has been done?” Coash asked. “Without an execution, the death penalty is pretty meaningless. It hasn’t saved money. It hasn’t deterred any crime.”

But that doesn’t mean the the legislature is going to repeal the broken, useless, costly, and morally bankrupt “ultimate punishment”:

For the first time in 34 years, a majority of Nebraska lawmakers seems to support abolishing the state’s death penalty.

But a bill they considered Monday to do so appears to be going nowhere since a ”test vote” showed there probably is not enough support to stop a filibuster.

You read that right. A majority of legislators support repeal, but not enough to stop a filibuster or override a veto:

Custom dictates first-round debate on a bill can last as long as eight hours. At that point, it takes 33 of the 49 senators’ votes to end debate and move to a vote.

But after Omaha Sen. Beau McCoy launched a filibuster against the measure, Sen. Brad Ashford of Omaha decided to float a trial balloon by filing a motion to kill the bill and then asking for a vote to gauge support.

A vote against killing the bill was, in essence, a vote in support of abolishing the death penalty. The tally was 18 for killing the bill and 26 against — more than the 25 needed to advance the bill to second-round debate but not the 33 needed to end the filibuster or even the 30 required to override an expected veto by Gov. Dave Heineman.

Lawmakers will reach the eight-hour limit Tuesday. Speaker Greg Adams usually will not bring a bill back for further debate at that point unless supporters can prove they have the 33 votes to end the filibuster.

That’s some mighty impressive leadership right there.

(Source: journalstar.com)

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Syria and the Bystander Effect

About a week ago, as people were writing about the use of chemical weapons in Syria, I read a blog post in which the author argued against American intervention and in favor, more broadly, of a moral responsibility not to intervene when others are suffering:

Let us suppose that I see a person being physically assaulted on the sidewalk.  The aggressor appears to be using their fists, but no weapons are visible.  If I see that person being assaulted, and I fail to intervene, am I morally at fault?

This was a question faced early on by common law judges, and the answer they gave was almost universally no.  At common law, there was no duty to rescue, and there are good reasons for this.  First consider that in most cases, I will be ignorant as to the motivation for the assault I’m witnessing.  The person being assaulted may actually be the more “culpable” of the two based on some prior bad act, and I’m simply witnessing some sort of aggression in-kind.  But I have no way of knowing in the moment of initial apprehension.  Second, Intervening may require me to place myself or someone I love in harm’s way, as the aggressor may see fit to visit retribution upon me or my loved ones at a later date for becoming involved in his or her dispute.  It is selfish and reckless of me to place an uninvolved third party potentially at risk based on my desire to rescue the person in front of me from the apparent violent predations of another.  While we can agree that I may place myself at risk to rescue another, I have no moral claim on placing others at risk through my actions.   these considerations mitigate any moral responsibility to intervene I might otherwise have.

But let us suppose that I do intervene to try to save the person being assaulted, but in the process, I only make matters worse.  Perhaps the aggressor, realizing he or she is outnumbered, draws a weapon that he was not using before.  Now, what began as a fistfight has been escalated into a more lethal situation for both the victim and myself.  An aggressor who may have merely seen fit to “beat up” the victim is now rearing to kill them.  Am I morally responsible for that escalation?  Absolutely.

It is certainly possible that my intervention will only be helpful to the victim.  But the difference between our example and official state military intervention is that, as you add more human beings and political interests to the example, the potential for unintended consequences increases.  Furthermore, imagine that the last four or five times I intervened in a sidewalk assault, I ended up doing as much and more harm as I prevented.  That would certainly make non-intervention seem to be a more morally responsible action, even if there’s still a chance that I’m watching a genuinely innocent person get assaulted without just cause.

In other words, because it’s possible that intervention won’t help and might even cause harm, we ought to feel either a) unconcerned or b) good about not attempting to assist those who are suffering.

This is an elaborate defense of being a bystander.

It’s the sort of argument one constructs in order to excuse the sort of non-action that, in other circumstances, most people wouldn’t want to admit. You see someone being assaulted but you don’t want to get involved … so you tell yourself that, if you did get involved, things would probably just end up worse than if you’d left well enough alone. “If I try to stop a simple assault, the victim — who would just be badly beaten — will probably end up being shot. And, hey, maybe the victim in this situation isn’t really even a victim; maybe she’s done something to deserve the assault. I shouldn’t get involved.”

Of course, the author of the blog post wants to suggest that it’s a very different equation because we’re dealing with the American military and we have knowledge that previous interventions were carried out badly. This should, apparently, change the moral calculus … just as it did for the U.S. when extremist Hutus were massacring Tutsis and moderate Hutus in Rwanda in 1994. We’d intervened badly in Somalia, of course, so we decided that we ought not to intervene in Rwanda. If we’re being honest with ourselves, I’m not so sure the Rwandans are grateful that President Clinton recognized the possibility of unintended consequences and decided we weren’t morally required to provide any assistance.

Now I’m equating Rwanda with Syria in this post and I’m not writing some sort of full-throated call for intervention either. I’m just trying to make clear two things:

1. Past actions don’t actually give us any indication of what will happen in the future. It’s quite possible to do something badly nine times and then to do it perfectly the tenth time;

2. We need to stop giving ourselves so many excuses for our desire to turn our backs on people in need. We have a hard enough time pushing ourselves to act on behalf of others as it is.

And, indeed, the blogger knows this. Here’s how he attempts to mitigate what he’s said:

Note that this is not an argument for never intervening to stop a perceived injustice.  This is an argument for not intervening in a perceived injustice when you have prior knowledge and experience which suggests that your intervention will cause at least as much damage as it alleviates.  This is why, say,Oskar Schindler’s interventions on behalf of Jewish victims of the Third Reich, for example, are different than U.S. military intervention in the Middle East.  The moral calculus of humanitarian intervention changes when you have prior knowledge which suggests that your intervention will cause affirmative injuries elsewhere or in the future, even if it appears to alleviate the suffering that is in front of one’s face.

On what basis should Schindler have believed that he would succeed in saving the lives of Jews during the Holocaust? Indeed, on what basis should any of the Righteous Among the Nations have taken action? They didn’t really have any reason to believe that they would succeed in their efforts to rescue Jews and they had every reason to believe that they would be killed if they were discovered. I suppose the blogger’s argument would be that they couldn’t possibly make things worse for the Jews by attempting to rescue them, since they were almost certainly going to be killed by the Nazis one way or the other. This puts the threshold for intervention at cases where things couldn’t possibly get any worse for the victim … which means, happily for us, that we will almost never have to take any risk or exert ourselves in any way for others since we can almost always say to ourselves, “I could conceivably make things worse so, for everyone’s sake (and especially for my own sake), I’d better just stay put.”

Plain and simple, this is nothing more than an excuse to remain a safe, secure, happy, and healthy bystander while others are suffering. It’s not some sort of moral high ground.

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Are you a Nebraskan? Do you happen to know any?
LB 543, a bill to replace the death penalty with life without parole, is up for debate in the Nebraska Unicameral Legislature.
So click here to tell your state senator that the death penalty is broken and ought to be repealed. Share this link with all the Nebraskans you know and urge them to get in touch with their state senators.

Are you a Nebraskan? Do you happen to know any?

LB 543, a bill to replace the death penalty with life without parole, is up for debate in the Nebraska Unicameral Legislature.

So click here to tell your state senator that the death penalty is broken and ought to be repealed. Share this link with all the Nebraskans you know and urge them to get in touch with their state senators.

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“Didn’t you know? Confirming a new EPA chief is vastly more important than voting on whether or not to charge the Attorney General with contempt of Congress.”

That’s a blogger named Lily, responding to my earlier post about how Republicans blocked the confirmation of the new EPA chief by not showing up.

Lily’s blog tells us she’s from Florida and she “basically combat[s] nearly every Republican stereotype.” Except the stereotype about not knowing what she’s talking about.

It’s true that more than 100 Democrats walked out of a House vote to hold Eric Holder in contempt, back in June 2012. But that didn’t actually stop anyone from voting and, indeed, the GOP-led House voted to hold Holder in contempt for failing to provide information on Operation Fast and Furious. Given that they couldn’t change the outcome of the vote, the Democrats walked out to protest what they took to be a purely political move by Republicans in an election year. 17 Democrats remained for the vote; for what it’s worth, all but one of them had previously been endorsed by the National Rifle Association.

Now, in the case of Gina McCarthy’s nomination hearing today, the failure of Republicans to show up meant that no vote could take place. As the article to which I linked in my earlier post points out, “The committee rules require that at least two members of the minority party be present during a vote.”

So, yeah, not the same. Better luck next time, Lily.

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Originally Posted By think-progress


This is how Republicans blocked a vote to confirm the new EPA chief. Not a single one showed up.

This is how Republicans blocked a vote to confirm the new EPA chief. Not a single one showed up.

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Look how happy these guys are!
And why shouldn’t they be?
They just spent more than $25,000 from the budget of Minnesota’s Rocori School District on a bunch of 18x20 inch bulletproof whiteboards.
“The timing was right,” Rocori school board Chairwoman Nadine Schnettler tells us. “The company is making these in response to the Newtown shooting, and has been making similar products for our soldiers in Iraq and Afghanistan.”
[…]
The town’s police chief made the whiteboard pitch to the school board, says Schnettler. And members were pressed to act quickly, she says, to take advantage of a special offer: The granite company would donate 75 whiteboards to the district’s public and parochial schools if the board agreed to match the purchase.

Hurry! This kind of offer won’t be around for long! After all, with today’s bloated public school budgets, administrators can’t afford not to buy bulletproof whiteboards.
Because if someone tries to shoot at you in school, you can protect yourself with a whiteboard. And, if no one tries to shoot at you, well, at least you can write on it!
I think there can be no doubt that these little babies offer far more protection that any gun control measure ever could.
HT: Kate Tropa.

Look how happy these guys are!

And why shouldn’t they be?

They just spent more than $25,000 from the budget of Minnesota’s Rocori School District on a bunch of 18x20 inch bulletproof whiteboards.

“The timing was right,” Rocori school board Chairwoman Nadine Schnettler tells us. “The company is making these in response to the Newtown shooting, and has been making similar products for our soldiers in Iraq and Afghanistan.”

[…]

The town’s police chief made the whiteboard pitch to the school board, says Schnettler. And members were pressed to act quickly, she says, to take advantage of a special offer: The granite company would donate 75 whiteboards to the district’s public and parochial schools if the board agreed to match the purchase.

Hurry! This kind of offer won’t be around for long! After all, with today’s bloated public school budgets, administrators can’t afford not to buy bulletproof whiteboards.

Because if someone tries to shoot at you in school, you can protect yourself with a whiteboard. And, if no one tries to shoot at you, well, at least you can write on it!

I think there can be no doubt that these little babies offer far more protection that any gun control measure ever could.

HT: Kate Tropa.

(Source: NPR)

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Further Thoughts on Courage

I’ve gotten some interesting pushback on my earlier post about courage and cowardice, with a number of people arguing that terrorists can be courageous as long as they have some legitimate fear of death or punishment and they overcome that fear to take the action under our consideration. In other words, because the Boston bombers might have (correctly) believed that they would be killed, arrested, and/or punished, their actions might be considered courageous.

Although I see how this line of argument works, I think to follow it and base our understanding of courage on it would destroy any possible meaning for the word.

If we’re calling someone courageous when he takes an action despite the risk of death or punishment, then pretty much every drunk driver would now be considered courageous. These people are courting death or serious injury (for themselves and for others who get in their path), as well as jail time and lawsuits, but they likely think, at least in the moment, that they’re making the right choice. They’re wrong.

The fact that something bad might be out there awaiting you if you do the thing you’re intent on doing doesn’t make that action necessarily courageous. It can’t possibly because it would mean either that virtually everything is courageous or only the worst things are. There are always going to be consequences for our actions and some of them could be very negative … but that doesn’t mean that everything we do requires courage.

The above are clearly examples of risk-taking behavior, but they aren’t courageous. Though risk-taking behavior might sometimes be courageous, it all depends on why one undertakes a risky action. If I run into a busy street because I think it would be exciting to try to play Human Frogger, I’m taking a risk but it’s not a courageous one; it’s simply foolish and wasteful. If I run into the same busy street because I’m trying to save a child who wandered into traffic, I’m taking a similar risk but for a very different end.

As I argued in my previous post on the topic, the circumstances matter. It might be courageous to take an action and face the consequences … or it might be foolish or cowardly. Simply recognizing that there are consequences for our actions doesn’t automatically make those actions courageous. We have to consider the end toward which people are acting and we have to consider the tactics they employ.

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That’s a three day old tweet from the organizer of the brilliant “Open Carry March on Washington,” advising his ~20,000 followers to shoot at government agents if they feel their rights are being threatened by them.
As the Facebook page (created by the very same Adam Kokesh) for the event notes, “There’s a remote chance that there will be violence as there has been from government before, and I think it should be clear [emphasis mine] that if anyone involved in this event is approached respectfully by agents of the state, they will submit to arrest without resisting.”
Yeah, I can’t imagine how it might not have been clear.

That’s a three day old tweet from the organizer of the brilliant “Open Carry March on Washington,” advising his ~20,000 followers to shoot at government agents if they feel their rights are being threatened by them.

As the Facebook page (created by the very same Adam Kokesh) for the event notes, “There’s a remote chance that there will be violence as there has been from government before, and I think it should be clear [emphasis mine] that if anyone involved in this event is approached respectfully by agents of the state, they will submit to arrest without resisting.”

Yeah, I can’t imagine how it might not have been clear.

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