ACSBlog

  • April 24, 2013

    by Jeremy Leaming

    A Senate panel sought to shed some light on America’s drone war, which according to various reports by human rights groups has killed thousands of people, many civilians, in Yemen, Pakistan, Afghanistan and possible other sites abroad. The drone program launched during the administration of George W. Bush and escalated by the Obama administration has been shrouded in secrecy, and laden with controversy.

    But increased coverage of civilian casualties of the drone strikes have helped spur more interest in the use of Reaper and Predator drones to hunt and kill suspected terrorists. Also a leaked “white paper” apparently summarizing a lengthier document produced by the Justice Department’s Office of Legal Counsel (OLC), caught widespread attention for its strained analysis to provide the president legal cover for approving the killing of U.S. citizens overseas who are suspected of having connections to al Qaeda or other terrorist groups.

    Before a Senate Judiciary subcommittee this week, Sen. Dick Durbin (D-Ill.) described the hearing, as the first-ever, to “address the use of drones in targeted killing” and said that the DOJ had provided him with the full OLC memos on the targeted killings of American citizens overseas. He noted, however, that he wished the administration would provide all legal documentation on targeted killings involving non-Americans as well. (Click on image for archived webcast of hearing.)

    At the outset, Durbin noted the president’s powers as Commander in Chief are constrained by the U.S. Constitution’s other principles, such as the protections of liberty, including due process. “At times in over the course of history our rules of law have been abused; when this occurs it challenges America’s moral authority and standing in the world.” Durbin also noted that civilian casualties related to the drone strikes can undermine the administration’s efforts to conduct an ongoing war against terrorism.

    Human rights groups and at least one of the committee’s witnesses suggest that the nation’s moral authority and standing have already been compromised by the drone war.

    Peter Bergen, with the New America Foundation, for example cited the significant escalation of the drone trikes and the public perception of those military actions in the places like Pakistan. “At this point, the number of estimated drone strikes from the Obama administration’s drone strikes in Pakistan – somewhere between 1,614 and 2,765 – is more than four times what it was during the Bush administration,” Bergen said in his written testimony before the committee.

    Addressing public perception of the drone war, Bergen later noted polling last year in 21 countries “found widespread global opposition to the CIA drone program. Muslim countries such as Egypt (89 percent) and Jordan (85 percent) expressed high levels of disapproval, while non-Muslim countries that are close American allies also registered significant displeasure with the program – Germany and France respectively polled at 59 and 63 percent disapproval.”

    Bergen, and another witness, Georgetown law school professor Rosa Brooks, however, highlighted that the number of civilians killed by drone strikes are hard to determine because of transparency. Brooks cited work by the New American Foundation, claiming that civilian casualties are “slightly lower” than those reported by human rights organizations.

  • April 23, 2013

    by Jeremy Leaming

    A renowned social justice leader Bob Edgar died today at age 69. Edgar was a U.S. congressman for 12 years, leader of the National Council of Churches and since 2007 the president and CEO of Common Cause. While in Congress, he served on the committee that investigated the assassinations of President John F. Kennedy and Dr. Martin Luther King Jr.

    Edgar, who the Religion News Service’s Adelle M. Banks reports died of a heart attack, was also a “bridge builder.” As head of the National Council of Churches he helped bring together an array of faith groups to advance social justice causes. “Early on,” Banks writes, “Edgar sensed that the venerable ecumenical agency was losing its public voice, and was one of the early supporters of Christian Churches Together in the USA, which brought the NCC’s mainline Protestant, Orthodox and black churches together with evangelicals and Catholics for the first time.”

    U.S. Rep. John Conyers Jr., Ranking Member of the House Judiciary Committee, worked with Edgar during his time in the Congress and noted that he was the “principal co-author of legislation that updated the G.I. bill following the abolition of the draft ….” Edgar, Conyers noted, also served on the Veterans Affairs Committee, where he worked to address concerns over the deployment of Agent Orange during the Vietnam War, and of veterans suffering from post-traumatic stress disorder.”

    Edgar led Common Cause a nonpartisan group devoted to ensuring Congress works efficiently and is accountable to citizens. Last year the group lodged a federal lawsuit against the use of the filibuster, which has been used primarily and with increasing frequency by Republican senators to scuttle judicial nominations and thwart popular legislation, such as modest measures to promote gun safety. Edgar in a press release about the lawsuit said the filibuster had been used to “pretty much shut the place down.” He noted that far too often it would take a supermajority or 60 senators to allow much of any action to occur.

  • April 23, 2013

    by Jeremy Leaming

    Marriage equality as significant as it is should hardly be viewed as the crown jewel of the movement for LGBT equality.

    Nevertheless with the coverage given to the two cases before the U.S. Supreme Court -- both centering on marriage equality concerns -- one might be lulled into thinking that if and when government recognizes same-sex marriages in the same way it does opposite-sex marriages the nation will be so much closer to its lofty promise of equal rights. But such thinking would be as lazy as it is delusional.

    As noted here last year, Kate Redburn in a post for Jacobin’s blog blasted the obsession over marriage equality as being “designed to distract liberal consciences and give Democrats political cover to gut social services.” And then she went onto to note examples, such as New York City Mayor Michael Bloomberg’s decision last year to gut funding for homeless shelters, noting that in NYC 40 percent of the homeless are LGBT youth. Redburn also remarked that only “the most privileged among us could possibly see the fight for the right to party [a wedding celebration] as a movement for social justice.”

    Besides, as this blog has noted, it is far from certain the Supreme Court controlled by right-wing justices will grant a sweeping victory for marriage equality anyway. (Instead it is possible the high court will toss Hollingsworth v. Perry, the challenge to California’s Proposition 8, on standing, and rule in U.S. v. Windsor  a major provision of the so-called Defense of Marriage Act encroaches on states’ rights or federalism grounds. Thus it is very likely the conservative Supreme Court won’t get near the question of whether laws that celebrate heterosexual marriages and denigrate same-sex relationships violate equal rights).

    But as money, time and energy are funneled into marriage equality, other groups and lawmakers are striving to move forward on other fronts for equality. For example, earlier this year, Sens. Kirsten Gillibrand (D-N.Y.) and Jeanne Shaheen (D-N.H.) introduced legislation intended to ensure LGBT military families are treated in similar fashion to their straight counterparts.

    And later this week, congressional lawmakers will introduce other measures aimed at advancing equality, such as another effort to outlaw workplace discrimination against people because of their gender identity or sexual orientation. At the moment a little more than a dozen states ban employers from hiring and firing people because of their sexual orientation or gender identity.

    Reporting for the Washington Blade, Chris Johnson says members of both chambers will later this week introduce, once again, the Employment Non-Discrimination Act or ENDA. The bill was first introduced in 1994 and has languished in every Congress it was introduced. The measure if enacted would prohibit employers from hiring and firing people based on their sexual orientation or gender identity. As Johnson, reports, however, the bill has been a work in progress and could still use some tweaks to block employers, including religious ones, from discriminating against the LGBT community in the workforce.

  • April 23, 2013
    Guest Post

    by Vincent Imhoff, Managing Partner, Imhoff & Associates, P.C.

    Clarence Earl Gideon was about 50-years old when he was arrested in relation to the theft of money and wine from a pool hall in Panama City, Fla., in 1961. Gideon’s father had died when he was young, and Gideon himself quit school after eighth grade, running away from home and becoming a drifter. By the time Gideon was 16 he already had a criminal record, one that would follow him up until that fateful day when he was arrested, tried, and convicted of breaking and entering with intent to commit petty larceny. Gideon was too poor to pay for any type of defense in the case, and back in 1961 in Bay County, Fla., that meant you had to defend yourself against even the toughest prosecuting attorneys unless you were convicted of a capital offense. So it was that the Gideon’s judge denied him access to a lawyer, Gideon defended himself, lost, and was sentenced to the maximum prison term of one year.

    While serving his time, Gideon learned a little bit about law and wrote a 5-page letter to the Supreme Court about how his right to counsel under the Sixth Amendment had been violated. The Supreme Court eventually decided to take his case, and, under the argument that “you cannot have a fair trial without counsel,” ruled in Gideon’s favor. The landmark case, Gideon v. Wainwright, set precedent that states had to provide counsel for criminal defendants who could not afford counsel, essentially owing to the eventual segment of the Miranda Rights that basically read “if you cannot afford an attorney, one will be appointed for you.” After a retrial, Gideon was set free, and the legal landscape of the United States of America was changed.

  • April 22, 2013

    by Ben Geman, writer of the E² Wire, the Environment and Energy blog, at The Hill. This piece is cross-posted on The Hill.

    Conservative groups and a dozen House Republicans are petitioning the Supreme Court to review an appellate decision that upheld the Environmental Protection Agency’s power to regulate greenhouse gas emissions.

    They’re taking aim at a June 2012 federal court ruling that protected several EPA decisions, including the “endangerment finding” that greenhouse gases threaten humans, that underpin the agency's existing and planned carbon regulations.

    “Although seemingly disjointed in their promulgation, taken together these rules create a comprehensive, integrated program that gives EPA regulatory jurisdiction over a breadth of human activity unparalleled in the history of American governance,” states the petition Friday from the conservative Southeastern Legal Foundation.

    Twelve GOP lawmakers, including Rep. Michele Bachmann (Minn.), who is a Tea Party favorite, and Reps. Joe Barton (Texas), Tom Price (Ga.) and Marsha Blackburn (Tenn.) joined the petition.

    Other backers of the petition include FreedomWorks, the Competitive Enterprise Institute and the Georgia Motor Trucking Association.