May 2012

  • May 24, 2012
    BookTalk
    Willie Mays Aikens
    Safe at Home
    By: 
    Gregory Jordan

    By Gregory Jordan, an author and journalist


    I remember standing with Willie Mays Aikens outside his halfway house in a hardscrabbled  corner of Kansas City as night fell in June 2009. I was there to write a book about his life; he was merely trying to make sorts of his life. He would be late for sign-in in two minutes, but showed no urge to rush. He never rushed - his innate cool and Southern style made rushing inconceivable. But that night he seemed unnerved. Not nervous – never that, either. But unnerved at how he would provide for the woman who would soon be his wife, for a daughter at an expensive college, and for her younger sister who had her eyes set on other expensive colleges.

    He was an ex-con, a month out of the slammer after learning the hard way what mandatory minimum sentencing is, and he had been offered a job on a road crew fixing potholes. He had two bad hips, two bad knees, an empty bank account, and a used car that broke down every other day. But he also had something he hadn’t had in over 14 years: freedom. And one more thing: spiritual cleanliness. He was not only drug free, not only did he have that cursed addiction tucked in under his hat where it belonged, but he also had what he called “a spiritual life.” He correlated it with God and churchgoing; I equated it with his boundless hope and joy. 

    As I walked him up the steps of the big brick building that night, I looked at my watch. He walked through the swinging doors, signed in, and the second hand on my wristwatch hit twelve as he put down the pen. 9 p.m. on the nose, and Mr. Cool Faith Hope Joy was heading to his bunk bed.

    I walked to my rental car, and thought: if I were a betting man, I’d bet on him. He wants it. He can taste it. Even though they set him up and locked him up and came close to throwing away the key, he had somehow corrected himself. Not cured himself, but set a right and steady course, destination pending.

  • May 24, 2012

    by Jeremy Leaming

    JPMorgan Chase CEO Jamie Dimon has been a loud, at times obnoxious, critic of serious efforts to strengthen regulations of the financial industry. Specifically he has fought the Volcker rule, which would bar federally insured banks from risky trading ventures, similar to the ones that Dimon’s bank engaged in that led to a multi-billion dollar loss.

    Dimon is also on the board of the Federal Reserve Bank of New York, which is instrumental in supervising and regulating financial institutions. A growing number of people, including Treasury Secretary Timothy Geithner, are suggesting that Dimon is unfit to serve on the board of an institution that is charged with checking the actions of JPMorgan, which as The New York Times has noted emerged from the Great Recession as “the nation’s biggest bank.”  

    Simon Johnson, former chief economist of the International Monetary Fund, is the latest influential voice to call for Dimon to go.

    Writing for The Baseline Scenario, Johnson noting that the NY Fed is a “key part of our regulatory and supervisory apparatus,” concludes that it makes no sense for Dimon to remain a part of the apparatus that “oversees his activities, decisions, and potential losses.” Johnson is asking others to join the effort urging Dimon to resign from the board.

    The JPMorgan debacle centers on a trader in London dubbed the “London Whale,” apparently for playing a central role in a risky hedging strategy that led to the announcement of a $2 billion, likely far higher, trading loss.

    In a post for his Rolling Stone blog, Matt Taibbi says, “If you’re wondering why you should care if some idiot trader (who apparently has been making $100 million a year at Chase, a company that has been the recipient of at least $390 billion in emergency Fed loans) loses $2 billion for Jamie Dimon, here’s why: because J.P. Morgan Chase is a federally-insured depository institution that has been and will continue to be the recipient of massive amounts of public assistance. If the bank fails, someone will reach into your pocket to pay for the cleanup. So when they gamble like drunken sailors, it’s everyone’s problem.”

  • May 23, 2012

    By Sarah Lipton-Lubet, ACLU Washington Legislative Office. This commentary is cross-posted at the ACLU’s Washington Markup blog.


    Every few weeks, opponents of birth control manage to garner some media attention by objecting – again – to the federal contraceptive coverage rule, which ensures that millions of women will have affordable insurance coverage for contraception without extra out-of-pocket costs. But time after time, it’s just more of the same. 

    This week, 12 new lawsuits were filed challenging the rule, doubling those already in play. The lawsuits have made a splash by virtue of their number, but when you take a moment to actually look at them, there’s nothing to see. The rule is constitutional, it violates no federal law, and it’s incredibly important for women.

    First principles of First Amendment law, as currently interpreted by the courts, are as follows: the Free Exercise Clause does not require any exemptions from a neutral law of general applicability. As the Supreme Court held two decades ago, in an opinion authored by Justice Antonin Scalia, to do otherwise would be to create a system “in which each conscience is a law unto itself.” Translation? If it applies equally and doesn’t target any faith, it’s not a First Amendment violation. The contraceptive coverage rule applies to everybody and doesn’t target anybody; end of story.

    Our courts have long held that institutions that operate in the public sphere are not above the law. The Supreme Court has recognized that allowing employers to get out of similar laws “operates to impose the employer’s religious faith on the employees.” And indeed, the high courts of California and New York have both rejected claims that requiring coverage of contraception somehow runs afoul of religious liberty protections. Local Catholic Charities were the plaintiffs in those cases, just as they are in a number of the cases filed this week. 

  • May 23, 2012

    By Julie Stewart, President and Founder, Families Against Mandatory Minimums (FAMM)


    Executive clemency serves an important function in any justice system. However, in a justice system as flawed as ours – a system in which countless people serve excessive mandatory prison sentences – clemency takes on an even greater importance and urgency.

    Recent articles jointly published by ProPublica and The Washington Post reveal deeply disturbing conduct in the Office of the Pardon Attorney (OPA) at the Department of Justice that hurts not only those who apply for clemency in the form of a commutation of sentence, but also all who aspire to a justice system that actually bestows justice.

    Clarence Aaron’s story is detailed by Dafna Linzer in the ProPublica piece. Though a 23 year–old, nonviolent, first-time offender, Mr. Aaron received three life sentences without parole in federal prison for arranging two meetings between a cocaine seller and a cocaine buyer. He has already served nearly 20 years and has been a model prisoner. He earned the support of both the U.S. Attorney and the judge who handled his case, but this vital information never made it to White House attorney Kenneth Lee or President George W. Bush. According to Linzer’s research, current Pardon Attorney Ronald Rodgers “failed to accurately convey the views of the prosecutor and judge and did not disclose that they had advocated for Aaron’s immediate commutation.” Mr. Aaron’s petition was denied.

    Sadly, Mr. Aaron’s story, while tragic, may only be a symptom of a much larger problem. Linzer’s research confirms what Families Against Mandatory Minimums (FAMM) has suspected for years: It appears that commutation applicants are denied with little or no meaningful review.  Even those who have demonstrated extraordinary rehabilitation and reform while incarcerated and who pose no real public safety threat remain behind bars.Barbara Scrivner, for example, has served 18 years of a 30-year sentence for her minor role in a nonviolent methamphetamine crime.  Her commutation petition was denied despite having the support of the U.S. Attorney, the judge, and a congressman. If someone with that kind of support can’t get clemency, what does it take?

  • May 22, 2012

    by Jeremy Leaming

    University of Notre Dame’s religious leader the Rev. John Jenkins claims the string of federal lawsuits challenging the Obama administration’s health care policy on birth control is all about protecting religious freedom. But in reality the lawsuits are on wobbly legal ground, and Jenkins’ assertion about protecting a cherished First Amendment freedom is tired.    

    Like a federal lawsuit lodged earlier this year on behalf of Ave Maria University, a Catholic institution in Florida, the new lawsuits argue that a portion of the health care reform law requiring insurance companies to provide birth control to employees, including ones at religious institutions, is a serious affront to the religious institutions’ free exercise of religion rights.

    The Affordable Care Act, however, does not single out religious entities for unheard of treatment. Instead it is a law of general applicability, meaning it covers secular and religious institutions. There are all kinds of laws of general applicability, which may offend religious beliefs, but do not amount to a violation of the free exercise of religion.

    Nonetheless, the religious groups are apparently counting on judicial activism from some of 12 federal courts where their lawsuits have been lodged. In a press release about his school’s lawsuit, Jenkins stuck to the religious liberty canard, saying it “is about the freedom of religious organizations to live its mission ….”

    Irin Carmon, reporting for Salon on the religious groups’ legal actions, agrees with Angela Bonavoglia’s assertion that “this struggle is part of a larger crackdown by conservative hierarchy against liberal elements within it – chiefly, women, including nuns.”

    Others such as the public interest group Americans United for Separation of Church and State say the Catholic organizations are looking to the courts to help them revive faltering church doctrine.