As readers of this blog know, after supporting Barack Obama against John McCain in the presidential election, I have been a harsh critic of his actions once in power. This should not come as a surprise as I said before the election that I would hold him to the same standards I applied to Bush-Cheney and that given the nature of US politics that he would be a loyal servant of the oligarchy that rules the US. But I have (I hope) been careful to distinguish between criticizing him for policies I disagree with and being much harsher with him for lying to us about his intentions.

As examples of policy differences, it should have been clear to any careful observer long before his election that Obama was very friendly with the big Wall Street financial interests and would eagerly do their bidding. (I wrote about this in February 2008.) If people had any doubts about this, his eagerness to support the bailouts of the big investment banks in the two months prior to his election should have settled them. Similarly, he clearly announced that he was going to expand the war in Afghanistan and he has done so. I think it is a terrible policy but he is simply doing what he said he would do.

Where I think Obama has been terrible is when it comes to civil liberties and the rule of law. After promising to restore the rule of law and due process, Obama has not only embraced the worst aspects of the Bush-Cheney encroachments but has expanded them even more, making the Obama administration one of the most lawless in recent history.

Starting with the government dragging its feet on the closure of Guantanamo and other black prisons and continuing the practices of torture, denial of habeas corpus and the right to lawyers, etc., it has steadily expanded its reach so that Obama now claims that he has the right to order the murder of anyone, anywhere, at any time. And what is incredible is that people are not outraged. Congressman Dennis Kucinich, to his credit, has actually introduced a bill to ban the extrajudicial killing of at least US citizens by the US government, undoubtedly to draw attention to the bizarre world that we now take as normal. Of course his party’s leadership will make sure that his legislation never sees the light of day. Party loyalty always trumps principle.

As one example of Obama’s disgraceful actions take the case of Hassan Odaini, who was picked up in Pakistan when he was 18 and has been detained for eight years even though the government knows he is innocent. As Glenn Greenwald says, “the Obama administration is knowingly imprisoning a completely innocent human being who has been kept in a cage in an island prison, thousands of miles from his home, for the last 8 years, since he’s 18 years old, despite having done absolutely nothing wrong.”

As Andy Worthington writes in Obama’s Moral Bankruptcy Regarding Torture:

As I explained in an article following the judge’s May 26 ruling, it had been publicly known since November 2007 that the government had conceded in June 2005 that Odaini, a student, had been seized by mistake after staying the night with friends in a university guest house in Faisalabad, Pakistan, on the night that the house was raided by Pakistani and U.S. operatives, and that he had been officially approved for release on June 26, 2006 (ironically, on the International Day in Support of Victims of Torture).

Nevertheless, the Justice Department refused to abandon the case against him, and took its feeble allegations all the way to the District Court, where they were savagely dismissed by Judge Henry H. Kennedy Jr. When the judge’s unclassified opinion was subsequently released, an even grimmer truth emerged: that shortly after Odaini’s arrival at Guantánamo in June 2002, an interrogator recommended his repatriation (after he had been exploited for information about his fellow prisoners), and that, in April 2004, “an employee of the Criminal Investigative Task Force (‘CITF’) of the Department of Defense reviewed five interrogations of Odaini and wrote that ‘[t]here is no information that indicates [he] has clear ties to mid or high level Taliban or that he is a member of al-Qaeda.'”

Odaini was not subjected to specific torture techniques, but there are many people — myself included — who are happy to point out to the Obama administration that subjecting an innocent man to eight years of essentially arbitrary detention in an experimental prison camp devoted to the coercive interrogations of prisoners who were deliberately excluded from the protections of the Geneva Conventions is itself a form of torture, especially as, unlike the worst convicted criminals on the U.S. mainland, no Guantánamo prisoner has ever been allowed a family visit, and many have never even spoken to their families by phone.

Moreover, the fact that the administration proceeded with his habeas case, despite knowing that he was innocent, and then refused to release him as soon as the judge delivered his ruling, confirms that, when it comes to lawlessness and cruelty, the Obama administration is closer in spirit to the Bush administration than it cares to admit.

Judge Kennedy has also ordered the release of another Guantanamo prisoner held for nearly nine years because “the administration failed to show by a preponderance of the evidence that the Yemeni man was part of al-Qaida or an associated force.”

But there are even worse examples of Obama’s post-election disdain for civil liberties, as I will discuss tomorrow.

POST SCRIPT: Australian elections

A short debate on Australian TV between the Sex Party and the Family First party, two ‘minor’ parties competing in upcoming Australian elections. (Thanks to Pharyngula.) Just from the names I can tell which party I like because you just know that a party that calls itself the Family Party is going to consist of intolerant twits, and the debate reveals it.

Some of this blog’s readers may be old enough to recall what used to happen in brutal Latin American dictatorships in the second half of the 20th century, when opponents of the government were picked up by the secret police and never heard from again, except when their mutilated dead bodies occasionally turned up. A whole network of state-sponsored secret prisons, systematic torture, and murder was put into place and paramilitary groups and so-called ‘death squads’, operating under the auspices and protection of the governments and usually consisting of security forces in plain clothes, used to carry out all manner of atrocities, leaving the public in a state of permanent fear.
[Read more…]

The previous post on this topic resulted in such interesting discussions that I want to expand on this topic in a new post.

I actually agree with some of the criticisms that were made about a camera-based system to enforce traffic laws on speeding and running red lights. But my point is that while the police-based system is fundamentally flawed and cannot be made fair and consistent and widespread because of the enormous costs that would need be incurred, the camera-based system as currently implemented is only technically flawed. It should be easy to improve it by purely technical fixes that can also be easily monitored to ensure that the devices work accurately and provide reasonable opportunities for compliance.
[Read more…]

Needless to say, I was very pleased with the ruling last week by US District Court judge Vaughn Walker in California overturning the ban on same sex marriage. The case arose because of a challenge to Proposition 8 that was passed by referendum in November 2008 and required the state constitution to add a clause that stated, “Only marriage between a man and a woman is valid or recognized in California.”

The judge said that Proposition 8 violated the ‘due process’ and ‘equal protection’ clauses of the 14th amendment to the federal constitution. The due process clause states that no state shall “deprive any person of life, liberty, or property, without due process of law” while the equal protection clause states that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” (The 14th amendment is getting quite a workout these days, with some talking about amending it to prevent children born in the US of illegal immigrants from getting automatic citizenship under the opening sentence that states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”)
[Read more…]

I am often taken by surprise at the kinds of things that people get really upset about. For example, many cities and states have recently taken to placing cameras strategically at various points to catch speeders and people who run red lights. The camera takes a photo of an offender and you get the citation in the mail. I didn’t think too much about this innovation and when I did it seemed to me to make a lot of sense. At the very least, it releases police to do more important work like catching criminals. It seems like such a waste to have police spend huge amounts of time lurking just to catch the occasional speeder.

Furthermore, the camera system seems to have the advantage of complete impartiality. It does not care what kind of car committed the offense, whether it is a dull old minivan or a flashy red sports car. More importantly, it does not discriminate among drivers either. The camera does not know or care if you are old or young, rich or poor, black or white, attractive or homely, well-spoken or inarticulate. It does not care if you are a person of influence or a nobody. Cameras do not profile people.

In other words, these cameras allow us to actually practice the ideals of justice, completely blind to everything except whether one has committed the offense or not. And yet, these cameras are generating huge amounts of controversy with citizen petitions and referenda demanding their removal and state legislature passing laws banning them. And since the people leading this charge tend to be those who belong to the middle and upper classes, their voices are, of course, heeded. What explains this fervor against something so reasonable?

Some people object to the red light cameras by claiming that they are designed to trap people, because the duration of the yellow lights is made too short to allow one to stop safely without being rear-ended. But this seems to me to be a technical issue that can be resolved easily with proper guidelines and standards. Also, drivers are supposed to keep a safe distance behind the car in front to allow for such sudden stops.

Others argue against the cameras on the grounds that they were installed as revenue generators rather than to encourage safer driving. So what if they are? I do not understand this objection. After all, the laws and fines were already there. No one seemed to have any problem with them being enacted. It is strange that what people are objecting to is them being enforced more vigorously and efficiently. The fact is that these camera are catching people who are violating the law. If people want to defy their municipality’s cunning plan to increase revenues, all they have to do is obey existing traffic laws.

And the laws that are being violated are hardly unreasonable laws. No one will deny that people who speed and run red lights are placing other people at risk. Nor are the laws so secret and subtle that one does not know one is violating them. All drivers know what they should do when approaching a traffic light. In the US especially, speed limit signs are ubiquitous and one has little excuse for not knowing what it is on any given stretch of road.

I was really puzzled by this opposition to traffic cameras until I read an article by George Monbiot in the London Guardian discussing similar puzzling opposition in England.

In every other sector, Conservatives insist that it is daft for human beings to do the work machines could do. In every other instance they demand that police officers be freed from mindless tasks to spend more time preventing serious crime. In all other cases they urge more rigorous enforcement of the law. On every other occasion they insist that local authorities should raise revenue and make their schemes pay for themselves. But it all goes into reverse when they are exposed to the beams of a fiendish instrument of mind control.

The moment they pass through its rays, Conservatives turn from penny-pinching authoritarians into spendthrift hoodie-huggers. They demand that a job now performed consistently and cheaply by machines should be handed back to human beings, who will do it patchily and at great expense. They urge that police officers be diverted from preventing serious crime to stand in for lumps of metal. They insist that those who break the law should not be punished or even caught. They clamour for councils to abandon a scheme that almost pays for itself, and replace it with one that requires constant subsidies.

Monbiot has a convincing theory as to why traffic cameras cause people to reverse almost every principle they claim to uphold, despite the fact that such cameras lead to reductions in traffic accidents and mortality rates. Monbiot argues that it is the very impartiality of the cameras that, rather than being seen as the good thing it undoubtedly is, is causing the opposition. Most people think that they somehow have an edge that they can use to escape paying the fine if they are caught by real live traffic police. They think they are important enough or look respectable or influential or attractive enough, or that they can manufacture some plausible excuse, that will get them off the hook. It is just the young and poor and people of color who tend to be out of luck when it comes to finding ways to escape.

In other words, traffic cameras commit the worst offense: they do not respect class privilege. I have to agree with Monbiot’s conclusion, though in the US I would expand his group from ‘conservatives’ to all members of the better-off classes: “The real reason why Conservatives hate the enforcement of speed limits is that this is one of the few laws which is as likely to catch the rich as the poor: newspaper editors and council leaders are as vulnerable as anyone else. The Conservative reaction to speed cameras suggests that they love laws, except those which apply to them.”

POST SCRIPT: Threatening the 14th amendment

<td style='padding:2px 1px 0px 5px;' colspan='2'Born in the U.S.A.

The Daily Show With Jon Stewart	Mon – Thurs 11p / 10c
www.thedailyshow.com
Daily Show Full Episodes Political Humor Tea Party

(See part 1 here.)

Opponents of personal gun ownership worry that easy access to guns may cause needless death and injury in situations which otherwise might end peacefully. We have all heard horror stories where children have accidentally killed people because they stumbled upon firearms left unattended. We worry that people in drunken states or people prone to violent rages may use guns in deadly ways. We also fear that this would increase the risk of armed crimes.

People also fear that carrying guns around might cause people to respond more aggressively than otherwise to the minor slights and annoyances of everyday life, like the person who cuts you off in traffic, or gives you the finger, or for any of the many minor aggravations that are a part of life. We fear that having a gun might cause people to channel their inner Travis Bickle, saying, “You talkin’ to me?” before unleashing a fusillade of shots, or that a fender-bender might escalate into the gunfight at the OK Corral.
[Read more…]

In American politics, strangely enough what gets people really fired up are not the major issues of the economy or wars but the three g’s: guns, god, and gays. (Also abortion, but it ruins the alliteration.) The split on this issue is pretty much along ideological lines. Self-described conservatives tend to oppose almost any restrictions on the ownership and carrying of firearms while self-described liberals see unrestricted ownership as an invitation to increased crime and violence.

The latest issue of Harper’s magazine had an interesting article (subscription required) titled Happiness is a worn gun by Dan Baum about the recent trends around the country that allow people to more easily own and carry handguns, either openly or concealed. Baum has owned and used guns a long time but just recently tried out what it was like to carry a gun around on his person, either concealed or openly, in those places where it was legal to do so. He estimates that around 6 million American routinely carry guns on their person.

I agree with Baum when he says:

To the unfamiliar, guns are noisy and intimidating. They represent the supremacy of force over reason, of ferocity over refinement, and probably a whole set of principles that rub some people the wrong way. But a free society doesn’t make people give a reason for doing the things they want to do; the burden of proof falls on those who would forbid. I started out thinking widespread concealed-carry was a bad idea. But in the absence of evidence that allowing law-abiding citizens to carry guns is harmful, I come down on the side of letting people do what they want.

I am not fearful of people owning guns. I am not a supporter of an outright bans on guns and support the Second Amendment. I can see where having an armed public can be beneficial in some situations and can also be a deterrence against a tyrannical government. This stance puts me at odds with almost all of my family, friends, and the people I move around with in the normal course of my life, who are shocked at my views whenever the topic comes up.

Where I disagree with the extreme pro-gun groups like the NRA is in their desire to view even reasonable restrictions on gun possession as evil. I can see the need to make sure that people who buy guns are screened in some way to weed out criminals and the mentally ill and that they be required to undergo firearms training to show that they know how to handle them. The right to own a gun should be treated like the right to drive a car. Just as we are willing to give ordinary people the right to drive vehicles (which can be lethal weapons) provided that have shown that they have had training in how to use it and handle it responsibly, so it should be with guns.

As Baum says,

We may all benefit from having a lot of licensed people carrying guns, if only because of the heightened state of awareness in which they live. It’s a scandal, though, that people can get a license to carry on the basis of a three-hour “course” given at a gun show. State requirements vary, but some don’t even ask students to fire a weapon before getting a carry permit. We should enforce high standards for instruction, including extensive live firing, role playing, and serious examination of the legal issues.

Baum lists five reasons that people give for opposing handgun ownership: “you think it so unlikely you’ll be attacked it’s not worth the trouble or the sacrifice of Condition White; you expect the police to come to your aid in the event of trouble; wearing a gun makes you feel less safe instead of more; you’ve decided you couldn’t take a life under any circumstance; or you don’t want to contribute to a coarsening of society by preparing to kill at a moment’s notice.”

(Baum says that the gun advocates have a color-coded system for the level of alertness. “Condition White is total oblivion to one’s surroundings—sleeping, being drunk or stoned, losing oneself in conversation while walking on city streets, texting while listening to an iPod. Condition Yellow is being aware of, and taking an interest in, one’s surroundings—essentially, the mental state we are encouraged to achieve when we are driving: keeping our eyes moving, checking the mirrors, being careful not to let the radio drown out the sounds around us. Condition Orange is being aware of a possible threat. Condition Red is responding to danger.” Baum said that whenever he carried a gun, he always found himself in Condition Yellow. He ultimately gave up carrying a gun because he found that he enjoyed being in Condition White, where you can get lost in your own thoughts.)

I personally will not choose to carry a gun myself, mainly because I am not sure that I have what it takes to actually kill another human being, though one never knows what one might do in extreme situations where one’s own life or the life of a loved one is threatened. Carrying a gun and not being able or willing to use it lethally seems worse than not carrying one at all. Another reason is that I hate carrying unnecessary stuff around on my person. After being nagged by my family, I now carry a cell phone for them to contact me in an emergency but only they know the number and so I never get any calls on it (since I can usually be reached by them at home or at work) nor do I make any since I hate talking on the phone anyway. Carrying in my pocket every day something I never use irritates me but I do it to accommodate the family. A gun would be bulkier and the chances are almost zero that it would be ever used so why carry one around all the time?

(To be concluded tomorrw.)

POST STRONG: If only Eve had had a sassy gay friend…

A comedy cliché is the sassy but sensible gay friend who saves the heroine from doing something foolish. Actor Brian Gallivan has made it into his signature character.

The sassy gay friend rescues other famous fictional characters like Desdemona, Ophelia, and Juliet.

You can read an interview with Gallivan here about how he arrived at this series.

On this holiday on the day after independence day, I am posting again a reflection on what to me is one of the most intriguing phrases in the US Declaration of Independence. It is contained in the famous sentence:

We hold these truths to be self-evident, that all men are created equal, that they are endowed, by their Creator, with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.

I have always found the insertion of the phrase “the pursuit of happiness” as a fundamental right to be appealing. One does not expect to see such a quaint sentiment in a political document, and its inclusion sheds an interesting and positive light on the minds and aspirations of the people who created that document.

But the problem has always been with how happiness is attained. And in one serious respect, the suggestion that we should actively seek happiness, while laudable, may also be misguided. Happiness is not something to be pursued. People who pursue happiness as a goal are unlikely to find it. Happiness is what happens when you are pursuing other worthwhile goals. The philosopher Robert Ingersoll also valued happiness but had a better sense about what it would take to achieve it, saying “Happiness is the only good. The place to be happy is here. The time to be happy is now. The way to be happy is to make others so.”

Kurt Vonnegut in his last book A Man Without a Country suggests that the real problem is not that we are rarely happy but that we don’t realize when we are happy, and that we should get in the habit of noticing those moments and stop and savor them. He wrote:

I apologize to all of you who are the same age as my grandchildren. And many of you reading this are probably the same age as my grandchildren. They, like you, are being royally shafted and lied to by our Baby Boomer corporations and government.

Yes, this planet is in a terrible mess. But it has always been a mess. There have never been any “Good Old Days,” there have just been days. And as I say to my grandchildren, “Don’t look at me, I just got here.”

There are old poops who will say that you do not become a grown-up until you have somehow survived, as they have, some famous calamity — the Great Depression, the Second World War, Vietnam, whatever. Storytellers are responsible for this destructive, not to say suicidal, myth. Again and again in stories, after some terrible mess, the character is able to say at last, “Today I am a woman. Today I am a man. The end.”

When I got home from the Second World War, my Uncle Dan clapped me on the back, and he said, “You’re a man now.” So I killed him. Not really, but I certainly felt like doing it.

Dan, that was my bad uncle, who said a man can’t be a man unless he’d gone to war.

But I had a good uncle, my late Uncle Alex. He was my father’s kid brother, a childless graduate of Harvard who was an honest life-insurance salesman in Indianapolis. He was well-read and wise. And his principal complaint about other human beings was that they so seldom noticed it when they were happy. So when we were drinking lemonade under an apple tree in the summer, say, and talking lazily about this and that, almost buzzing like honeybees, Uncle Alex would suddenly interrupt the agreeable blather to exclaim, “If this isn’t nice, I don’t know what is.”

So I do the same now, and so do my kids and grandkids. And I urge you to please notice when you are happy, and exclaim or murmur or think at some point, “If this isn’t nice, I don’t know what is.”

Good advice.

POST SCRIPT: More on flag fetishes

There were some interesting and informative comments on my post on flag fetishes.

One rule about the proper treatment of the US flag that is routinely violated is the use of the flag design on clothes. You can see this photo album of celebrities wearing the flag design on bikinis and underwear.

As we approach the independence day holiday with its orgy of patriotic fervor, I want to remark on one of the things that I find curious about America, and that is its flag fetish. People seem to treat the country’s flag with a level of veneration that I find somewhat bizarre. There even exist statutes that spell out in incredible detail how the flag should be treated such as how and when the flag should be raised and lowered, how it should be carried or folded, how old flags should be destroyed, and so on. All the rules of etiquette surrounding the flag are incredibly complex and June 14 has even been designated as Flag Day. Most people, I suspect, are not aware of many of these rules such as, for example, that the flag should never be used as wearing apparel, should never touch anything beneath it, such as the ground, the floor, or water, should never be carried flat or horizontally, and so on. Even the Bible does not get this level of special treatment.
[Read more…]