Civil libertarians have long ago lost faith in Barack Obama’s and his continuing expression of support for privacy and individual rights. Just in case anyone is still not convinced, consider the petition this month to the Supreme Court by the Obama Administration. Just last week, Obama waxed poetic about his commitment to privacy. Yesterday however, his Administration took another major swipe at privacy and asked the Supreme Court to reverse the United States Court of Appeals for the First Circuit, which held that the police could not conduct warrantless searches of your cellphone when you are arrested. The decision in United States v. Wurie is below.
Another gems from Russia found on Reddit.
Communist Party members across China are receiving secret instructions from Beijing to stomp out notions of democracy or rights that are growing among Chinese citizens. It appears that ideas of freedom are creeping into the worker’s paradise and, in a remarkably frank and brutal message, the Party is warning that such ideas (called the “seven perils”) are threatening its hold on China.
In West Virginia, Mingo County Circuit Judge Michael Thornsbury is the only judge in his county. However, federal prosecutors have charged that he had enough time on his hands to frame have an affair with his secretary and frame her husband for a series of crimes, including the planting of drugs. Thornsbury, 57, is charged with two counts of conspiracy against rights to frame what U.S. Attorney Booth Goodwin calls “his romantic rival.”
For civil libertarians in the United States and England, it is increasingly difficult to distinguish the practices of our own governments and the countries that we routinely denounce as authoritarian. An example of this confusion can be found in the outrageous arrest of the partner of journalist Glenn Greenwald, the Guardian writer who brought the Snowden disclosures to light and a leading voice for civil liberties in the world. David Miranda, who lives with Greenwald, was taken into custody when passing through London’s Heathrow airport on his way home to Rio de Janeiro. He was held for nine hours and had his computer, cell phone and other equipment seized. Such stops can occur at the request of the National Security Agency and other agencies and are carried out under the abusive Schedule 7 of the Terrorism Act 2000. The case could also highlight possible surveillance of journalists in England and the United States.
Davenport police are facing an outcry over the treatment of an alleged shoplifter, Brandie Redell, in custody after a videotape surfaced showing clear contradictions with what the officer stated in his report. The report states that Redell was the aggressor and the officer her victim despite serious injuries to Redell that required medical treatment. Officer Scott Crow hit Redell repeatedly because he says that the woman appeared to be “willing to fight.” It is not clear what that means but the video shows the woman seated when Crow hits her and throws her to the ground.
In Saratoga Springs, a historic cast-iron fountain was knocked over by individuals trying to steal coins thrown with wishes into the pool. It was a senseless act for chump change, but the culprits may soon learn that you have to be careful what you wish for: there are cameras inside faux bird houses in the park that may have captured their images. In the meantime, Buffalo meter maids have confessed to stealing 840,000 quarters from meters over the course of eight years.
Germany is moving to a new birth certificate that could put pressure on the EU for a broader change among its member countries. The new certificate will allow parents to select a third option other than male or female. If the parents do not wish to leave gender up to their child, they can select “indeterminate” or “blank” for the gender. The new form is the result of a campaign to combat discrimination over gender changes.
For many, major breakthroughs in isotopes or nanotechnology or enzyme can simply go over one’s head in their significance. However, scientists in Australia have developed something that will likely make them virtual Gods in their community: a major step toward a hangover free beer. The sudsologists say that they have found a way to increase the hydrating effects of beer by adding electrolytes, a common ingredient found in sports drinks. As Miller lite promises, “it is everything you always wanted in a beer. And less.” Finally, Joe Six Pack has his own scientists.
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
With all of the discussion we have had on his blog about the abandonment of the rule of law in this country, I was very interested when I read about a class action lawsuit that was filed in March of this year. The case is Saleh v. Bush, and it was filed in an attempt to hold former President George W. Bush and five members of his administration responsible and liable for the damages incurred when Iraq was attacked by the United States and some of its allies in 2003.
“Saleh is the lead plaintiff in a class action lawsuit targeting six key members of the Bush Administration: George W. Bush, Richard Cheney, Donald Rumsfeld, Condoleezza Rice, Colin Powell, and Paul Wolfowitz. In Saleh v. Bush, she alleges that the Iraq War was not conducted in self-defense, did not have the appropriate authorization by the United Nations, and therefore constituted a “crime of aggression” under international law—a designation first set down in the Nuremberg Trials after World War II. The aim of the suit is simple: to achieve justice for Iraqis, and to show that no one, not even the president of the United States, is above the law.” Yes Magazine Continue reading “Single Mom Versus George W. Bush”
Submitted by Charlton Stanley, (aka Otteray Scribe) guest blogger
Polygraph tests are 20th-century witchcraft.
-Sen. Sam Ervin (1896-1995)
As the Obama administration and the Department of Justice ramps up the crackdown on security violators and leakers, the whole thing has taken a bizarre turn. There is an ongoing criminal investigation of instructors who claim they can teach job applicants how to pass lie-detector tests. The two men are Doug Williams, who operates Polygraph.com, and Chad Dixon, who had a website called “PolygraphExpert.net” which has been taken down. Chad Dixon has entered a guilty plea, but the charges against him are being kept secret under seal. Dixon faces a maximum sentence of up to 25 years in prison; however, prosecutors are asking for a two-year sentence. Williams has not been charged with any crime; at least not yet, but is said to be under investigation. His only publiccomment was to say he has done nothing wrong.
The criminal investigation has not been acknowledged publicly. What little news that has come out is the claim it is meant to discourage criminals and spies from infiltrating the U.S. government by using so-called polygraph-beating techniques. Several current or former polygraph examiners are alleged to have been providing training materials and classes on how lie detector devices work and how to “beat” them.
Doug Williams and Chad Dixon’s business records were seized. The records are believed to include the names of as many as 5,000 persons who sought advice from the two men. The government claims about twenty of those people applied for positions with the government or government contractors. About half of that group was hired, including one or more getting jobs with the National Security Agency (NSA).
Federal officials have adopted a unique and controversial legal theory that teaching clients how lie detectors work and how to pass the test is a crime, and not protected under the First Amendment.
I find this more than curious. By way of full disclosure, I own a voice stress analysis machine and several biofeedback devices. I first became interested in the detection of malingering, dissimulation and outright lying when I was still in graduate school, and have maintained that interest ever since. Some people lie to look good, and some lie to look bad. Some lie and don’t even know they are lying. Some lie when the truth would serve them better.
In this piece, we will take a look at exactly what it is the Feds are talking about. And we will puzzle about why they want to make it a crime for anyone to teach people how the machines work. Or more accurately, don’t work.
Everyone is familiar with anxiety. Hands sweat, voice trembles, breathing may become more rapid, and the heart races. Many times trembling is visible to the naked eye. Anxiety is a fear reaction. Both the polygraph and voice stress analysis take advantage of these physiological reactions to fear, and take measurements of them. The theory behind both machines is that an anxious person will react. Practitioners of polygraphy and voice stress analysis operate on the assumption that telling a lie will result in a predictable and measurable physiological reaction.
Continue reading “Polygraphers trigger fear response in Federal prosecutors.”
By Mark Esposito, Guest Blogger
A recent study by Columbia University researchers may present a problem for civil libertarians basking in the defeat of Mayor Bloomberg’s Big Gulp ban. As many of us know, the NYC mayor proposed and then passed a health rule prohibiting restaurants, mobile food carts, delis and concessions at movie theaters, stadiums and arenas from selling sugary drinks in cups or containers larger than 16 ounces. The New York State appellate division upheld Judge Milton Tingling’s ruling that Bloomberg “eviscerated” the separation of powers doctrine by making an end run around the City Council and presenting the measure to the NYC Board of Health. The city plans to appeal but it is now armed with an important study concerning the effects of sugar on children.
Submitted by Darren Smith, Guest Blogger
In what became a highly charged row, Time Magazine Reporter Michael Grunwald posted on twitter “I can’t wait to write a defense of the drone strike that takes out Julian Assange.” After a frantic and very pointed response Mr. Grunwald deleted the post and issued an apology which read “It was a dumb tweet. I’m sorry. I deserve the backlash. (Maybe not the anti-Semitic stuff but otherwise I asked for it.”
Time Magazine issued a statement distancing itself from the controversial tweet. “Michael Grunwald posted an offensive tweet from his personal Twitter account that is in no way representative of TIME’s views. He regrets having tweeted it, and he removed it from his feed.”
The fact that a news reporter of a major publication in the United States advocates the extra-judicial assassination of another person who publishes information to the public is certainly disturbing in itself. But, is it also equally as disturbing that it might be an insight into the mindset of some reporters of their mode of being defenders of the U.S. Government’s and the administration’s practices?
Submitted by Elaine Magliaro, Guest Blogger
Recently, we have had some interesting—and at times contentious—discussions about race, racism, and bigotry in this country on this blog. We’ve talked about Paula Deen, Trayvon Martin and George Zimmerman, a rodeo clown impersonating President Obama, voter suppression and Jim Crow laws. These discussions brought to mind the poetry of a great American writer—Langston Hughes. I believe his poetry makes powerful statements about the Black experience in “the land of the free.”
Here is an excerpt from Hughes’s poem Will V-Day Be Me-Day Too?
So this is what I want to know:
When we see Victory’s glow,
Will you still let old Jim Crow
Hold me back?
When all those foreign folks who’ve waited—
Italians, Chinese, Danes—are liberated.
Will I still be ill-fated
Because I’m black?
Here in my own, my native land,
Will the Jim Crow laws still stand?
Will Dixie lynch me still
When I return?
Or will you comrades in arms
From the factories and the farms,
Have learned what this war
Was fought for us to learn?
Continue reading “I, Too, Am America: The Poetry of Langston Hughes”
Submitted by Darren Smith, Guest Blogger
According to CBS New York, New York’s Mayor Michael Bloomberg desires to reduce crime among the more than half million residents of the city’s housing districts. He is quoted as saying
“Five percent of our population lives in NYCHA housing, 20 percent of the crime is in NYCHA housing – numbers like that. And we’ve just got to find some way to keep bringing crime down there. And we have a whole group of police officers assigned to NYCHA housing,” Bloomberg said. “The people that live there, most of them, want more police protection. They want more people. If you have strangers walking in the halls of your apartment building, don’t you want somebody to stop and say, ‘Who are you, why are you here?’”
According to this proposal, keeping crime down would be successfully addressed by requiring all residents to submit to fingerprinting as a condition of residency. Supposedly, the fingerprint or other biometric data would be used for biometric access devices such as live fingerprint scanning devices mated with door locks. Yet, the centuries old method of using a key seems to work almost as well and so could perhaps an electronic RFID or magnetic stripe card device such as those used in many hotels. Is security the real goal or is it more nuanced?