Showing posts with label Lamar W. Hankins. Show all posts
Showing posts with label Lamar W. Hankins. Show all posts

22 December 2013

Lamar W. Hankins : Opportunist Narvaiz Takes On Doggett Again in Gerrymandered 35th

Congressional candidate Susan Narvaiz and friend. Image from Facebook.
Unsolicited advice, Dept.:
A Narvaiz strategy to defeat Doggett
Narvaiz is a political chameleon who says what she needs to say and does what she needs to do to protect herself from political accountability.
By Lamar W. Hankins / The Rag Blog / December 23, 2013

SAN MARCOS, Texas -- Three years ago, when Susan Narvaiz was near the end of her last term as Mayor of San Marcos, I asked her in a public meeting for some information about the number of jobs created through the use of publicly-funded development incentives provided by the City Council. She said she had that information at her office and would get it to me. Even after a later reminder, I’m still waiting for that information. That promise and her failure to fulfill it about sums up what I expect from her in any political office.

Narvaiz is a political chameleon who says what she needs to say and does what she needs to do to protect herself from political accountability. She is also an opportunist, which may be behind her reported return to San Marcos to run again against Rep. Lloyd Doggett for Congress in District 35. In her first run against Doggett in 2012, she garnered only 32% of the vote. One oft-followed piece of political lore, which Narvaiz may have in mind, is keep running to increase your name recognition and eventually you will be elected.

The district includes parts of the San Antonio metropolitan area, including portions of Bexar County, the tiny westernmost corner of Guadalupe County, thin strips of Comal and Hays and portions of Caldwell counties, along with portions of southeastern Austin in Travis County. The largest contiguous land mass combines southeastern Travis, northeastern Hays, and southwest Caldwell counties.

The strange shape of the district reminds me a bit of the outline of Vietnam. It was ranked by the National Journal as one of the 10 most contorted congressional districts in the nation, as a result of redistricting by a Republican-controlled Texas Legislature hoping to drive Doggett out of Congress.

The population of the district is about 62% Hispanic, almost 11% Black, and 25% White. Over one-fourth of the district’s residents are below the poverty line based on income.

If Narvaiz’s history is any indication, she will cobble together supporters from the evangelical community, the Tea Party fringe of the Republican Party (very active in parts of District 35), members of the business community, and Hispanics, even though it is her husband, Mike, who is Hispanic, not Narvaiz. Mike Narvaiz, an electrician, used his political contacts among Hispanic groups to get his wife several endorsements in her past political races.

Texas Cong. Dist. 35.
When Narvaiz filed to run for Congress against Doggett about 20 months ago, she developed few positions that could be contrasted with what Doggett had fought for during his many years in pubic life. She stuck with the glittering generalities of limited government, individual rights, personal responsibility, compassion, accountability, keeping our nation strong, and maintaining our resolve. Of course, no candidate would oppose such platitudes. I don’t know anyone who doesn’t agree with these nostrums. Only when we get to specifics do we learn what a candidate may mean.

Last year, we never heard enough specifics to know whether Narvaiz had any positions worth supporting. This time around will likely be similar, though I’m sure she will run against the Affordable Care Act and refer to it as Obamacare. I don’t know if this will help, since Obama drew over 63% of the vote in District 35 in 2012, with Doggett drawing 64% against Narvaiz. The 2012 Democratic Party nominee for governor received 60% of the vote in District 35 and few people even remember his name.

Early this past August, Narvaiz announced that she and her husband were moving to Carlsbad, New Mexico. The announcement followed her usual evangelical style, assuring voters that this decision came directly from God. I’m sure Narvaiz is serious about her faith, but she also seriously uses that faith to promote her political ambition, a practice that diminishes her and her professed religion in the eyes of many, whether religious or non-religious.

She first visited Carlsbad to be the keynote speaker at the annual Mayor’s Prayer Breakfast in October 2012, a forum similar to those she promoted to great political advantage in San Marcos during most of her tenure as mayor. For several years, Narvaiz used funds appropriated for City Council expenses to host breakfasts for local clergy, about every other month, in city facilities. Each “Breakfast with Mayor & Clergy” began with an invocation and ended with a “closing prayer.” Unless you were a religious leader on her list, you were not invited.

The events enabled the Mayor to reach out to religious leaders for her own political purposes at public expense. The breakfasts were not sponsored by the City Council and were not official City functions authorized by any action of the City Council. Yet Narvaiz used city meeting rooms, city staff, and city resources to carry on her outreach to the religious community, especially to evangelicals, during her time as Mayor.

Narvaiz continued her outreach to the religious community through her last campaign for re-election, the slogan for which was “Forward Progress, Higher Purpose.” Her campaign website explained the meaning and significance of her slogan:
I believe that each of us exists to fulfill a specific purpose in a bigger plan, God’s plan. Each of us is called to use our gifts and talents to serve others. ...And when we do, we will change the lives of those around us for the better. We will be people of character. We will be servant leaders and we will be what God has called each of us to be. There is no higher purpose.
While many of us may share these views, we should remember that Narvaiz was not running for an ecclesiastical office; she was campaigning for a secular public office. Her personal religious views should not have been bankrolled with the taxpayers’ money, as they were during her tenure as Mayor.

She spent tens of thousands of taxpayer dollars to support her religious outreach program, including an August 15, 2007, “Breakfast and tour with Mayor and Clergy” bus trip that included both breakfast and lunch. This was not an official city event, but was paid for with public funds.

On June 20, 2006, the Mayor called an “Emergency Clergy Meeting,” paid for with public funds to discuss parking and litter problems in the Rio Vista Dam area with clergy and religious leaders.

And during Narvaiz’s first term as Mayor of San Marcos, she started the practice of opening meetings with prayer -- mostly by Christian evangelical pastors. In a community as diverse as San Marcos, this action was an affront to the consciences of the religious and non-religious alike. But zealots like Narvaiz can see only their own truth. Everyone else is condemned to hell, and their feelings and beliefs are unimportant.

Narvaiz is returning to San Marcos to run against Doggett after losing her bid in October to become County Manager of Eddy County, New Mexico, where Carlsbad is located. Whether the loss of that job opportunity caused her return to San Marcos has not been made public, but the timing is curious. She may have been mistaken about God’s plan for her just four months ago. But she was at least as sure of the righteousness of our last president's decision to invade Iraq, as she was of her decision to move to Carlsbad.

On March 24, 2003, when Narvaiz was a San Marcos city council member, she voted in favor of a council resolution that was intended to show that preemptive war is patriotic. The resolution was really a thinly-veiled show of support for President George W. Bush as he violated the Nuremberg principles in more than one respect, particularly Principle VI: “Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances.”

In March 2003, so strong was the war-induced patriotism that a Gallup poll showed that 79% of Americans supported going to war in Iraq; now, a majority believe that decision was wrong. But not one of those pro-war members of the City Council, including Narvaiz, has issued a public apology for their unconscionable support of this war, about which they had no doubts at the time. Apparently no doubts have crossed their minds since. In fairness to Narvaiz, she is probably too busy moving, running for office, and seeking new employment opportunities to apologize for that mistake made over 10 years ago.

Although we know very little about Narvaiz’s positions on national issues, other than preemptive war, we have hundreds of votes by Doggett that indicate his fitness for public office. In addition, Doggett has clear positions on national issues at his website, covering the budget, higher education, federal aid to public schools, tax fairness, bank practices reform, veteran support, and consumer protection.

In the 2012 race, Narvaiz spent about $182,000 and had a debt of almost $78,000 when the race was over. Doggett spent almost $2 million in the newly-created district in over half of which he had never been a candidate for Congress. Doggett has nearly $3 million on hand for the 2014 race. There are no figures available publicly for the amount Narvaiz has available to spend for 2014.

In 2012, Doggett received support from lawyers/law firms, retired people, health professionals, building trade unions, industrial unions, the real estate sector, transportation unions, the finance sector, and hospitals/nursing homes. Narvaiz’s main financial support came from the real estate sector, construction services, retired people, building materials and equipment suppliers, the general business community, general contractors, the sea transport sector, Republican and conservative organizations, the business services sector, and the food and beverage industry. [Source: Project Vote Smart].

Norvaiz with Cong. Paul Ryan.
These political contributions for both candidates represent support from individuals, groups, and organizations that like some or most of the political decisions each candidate has made while holding public office and the positions they have taken during their campaigns. Narvaiz’s contributions are weighted toward the interests she supported while mayor. For instance, her support for a conference center and hotel was viewed favorably by the food and beverage industry, which has now rewarded her for that support.

In the race last year, 62% of Narvaiz’s contributions came from identifiable industries, most located in the Central Texas area and Houston. Only 3% of her contributions were from out of state. For Doggett, 85% of his contributions came from identifiable industries, with 5% of total contributions from out of state.

Of the more than 167,000 votes cast in the 2012 election in District 35, Doggett carried the district’s portions of four of the six counties included in the district. He was weakest in the Comal and Guadalupe county portions of the district, and strongest in the Travis and Bexar county portions.

Unless Narvaiz can figure a way to find more votes in these Travis and Bexar county areas, she has little hope of defeating Doggett. What Narvaiz could do to enhance her chances against Doggett is move toward moderation of her views in several areas. She could start by downplaying her public religiosity. A more modest personal religious stance that keeps her religious views private would show the electorate that she is not claiming that she is God’s chosen emissary to the U.S. Congress.

Her indecisiveness about which state to live in doesn’t make for a convincing narrative that will change the minds of many voters. She should explain that she was enticed to move to New Mexico because she thought she would have a better political future in that smaller state. If her Carlsbad benefactor turned out to have less to offer than she was led to believe, she could tell that story in a way that shows she was a victim of deceit.

When it comes to dealing with her nearly complete embrace of the corporate world, she could explain that the experiences of the past decade or more, in retrospect, and after much serious analysis, have led her to conclude that banks and large corporations must be kept at arm’s length from government. Otherwise, they will rob the public treasuries at every opportunity.

After some thought and from her perspective running an employment agency, she may have learned that the jobs paid for with public taxes and other financial incentives given to developers have not resulted often in the livable wages regularly promised (or at least hinted at). She may have discovered that the studies and reports done by even the business community have shown that putting developers and their corporations on the public dole is a no-win proposition for governments at all levels. If so, running as an “I’ve learned my lesson” politician who wants to repent may be the best way to win over some moderate voters.

It might help for Narvaiz to have her husband work the voters door-to-door in the District 35 portions of Travis and Bexar counties. He can put a Hispanic face on her campaign that may draw some of those voters away from Doggett.

Narvaiz may not be able to show greater concern for veterans than Doggett has, but she could enlist the assistance of a cadre of veterans, all identified by hats, signs, and buttons as “Veterans for Narvaiz.” These folks would need to be available for pictures and videos wherever Narvaiz is campaigning, so that no picture of her appears without an identifiable “Veterans for Narvaiz” campaigner by her side or right behind her. As long as these people don’t have to say anything, Narvaiz may be able to convey the appearance of concern for veterans, which may convince a few people to vote for her.

Finally, Narvaiz may be helped by studying Doggett’s voting record carefully to find areas where she can distinguish herself. For instance, Doggett voted for Obamacare. Given the poor start to that program, Narvaiz could extoll the virtues of a program like Medicare, which has reduced the health care hassles for all seniors, and suggest that she is the sort of compassionate moderate who favors making one of life’s basic necessities available somewhere other than emergency rooms.

I’m sure that there are many other ideas that would help Narvaiz’s campaign. If I think of any others, I will pass them along.

[Lamar W. Hankins, a former San Marcos, Texas, city attorney, is also a columnist for the San Marcos Mercury. This article © Freethought San Marcos, Lamar W. Hankins. Read more articles by Lamar W. Hankins on The Rag Blog.]

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10 December 2013

Lamar W. Hankins : Right-Wing Rants and the Abominable Straw Man

The abominable Straw Man argument. Image from Linda's Bees.
Frosty the Straw Man:
How right-wing rants 
poison political discussion
If we could have civil discourse about our disagreements and try to understand why we have differences of opinion, perhaps we would have fewer rants from all sides of the political divide.
By Lamar W. Hankins / The Rag Blog / December 10, 2013

The Internet is a marvelous tool when used honestly and correctly, and with recognition of its limitations. Not a week goes by that I don’t find in my email inbox ridiculous and false political narratives about some atrocity or other going on in Washington or directed by Washington. Our politicians are purveying plenty of nonsense without anyone making up stories about what they do.

The most recent nonsense I received is an email angrily claiming that under the authority of Obamacare, the administration is setting up gasoline stations to provide free gas to low-income people:
According to a report in The Detroit News this morning, the [Obama] administration is using its authority under the Affordable Care Act to “improve transportation routes to hospitals” to dispense gasoline free of cost in disadvantaged neighborhoods.

The $2 billion-a-year program aims to distribute 40 million gallons of free gasoline each year through 70 new gas stations constructed in major metropolitan areas. The Department of Health and Human Services (DHS) will be responsible for operating the network, whose first station opened yesterday in Detroit...

“Supposedly access to the station is determined by income,” says Ebony Jackson, manager of the first Obamastation. “But it’s pretty unrealistic to do an income check on each and every driver. So what we do is basically let all the black people pump for free, and charge all the white people the market rate.”
A simple Internet search reveals that factcheck.org explained weeks ago that this information started its life as a piece on a satirical site, The Daily Currant. There are many satirical sites on the Internet, including the better-known publication The Onion, where patently ridiculous material gives some of us something to laugh, or -- at least chortle, about.

But the free gasoline story was sent to me as fact, and it had morphed from being about gasoline for poor people into “Government Opening Free Gas Stations in Poor Black Neighborhoods.”

There may be a bit of racial animus in that evolution, but I’ll let you judge that. I mention this point only because my source for the gasoline story regularly sends me racist material about Obama and continues to question where Obama was born. Readers of my column know that I am no Obama apologist and have been as critical of his presidency as I was of George W. Bush’s.

Some of the latest right-wing drivel comes from sites I read regularly or magazines to which I subscribe. The latest offender in the “just making stuff up” category is the respected Biblical scholar Robert M. Price. Price is an avowed atheist and political conservative.

In two pieces recently, he has taken on what he calls liberalism. The problem is that he posits liberal positions that exist mostly in his imagination and then proceeds to knock them down, acting like he has refuted a liberal position. This practice is referred to as the “straw-man” argument, because it is easy to tear down. But it is the kind of deceit that undermines honest, rational discourse.

In a blog entry, Price says that the supporters of the Affordable Care Act (ACA) promised that it would “leave no one uninsured.” Unfortunately, the best the ACA was intended to do is reduce the 45 million or so uninsured by about half, leaving 23 million Americans uninsured in 2023 when the ACA would be fully functional.

While reducing the uninsured by about half is better than nothing, it is a far cry from assuring that all Americans have health insurance from birth to death, as every other western industrial country has accomplished. But the ACA never promised health care for all. It was always an incremental step toward providing all Americans with a product as vital as water to a full life.

Further, in Price’s world, the “mainstream media” (because of political correctness) refuses to identify the race of perpetrators of a “new” type of criminal assault -- the “Knock Out Game.” Price claims that this kind of assault is one carried out by African-American youth against Jews, mainly for the amusement of the attackers, who don’t commit any other crime, such as robbery.

A review of on-line reports makes clear that such an assault was perpetrated against a Norwegian exchange student as long ago as 1992, followed by more recent attacks in 2005 in Britain and France; attacks in Illinois and Missouri in 2009; in Missouri again in 2011; in Chicago in 2012; and in Connecticut, Britain, New Jersey, Syracuse, and Brooklyn in 2013.

These attacks have been perpetrated against minorities, members of ethnic groups, and whites by African-American youth and others who were not African-American. At least one such attack was carried out by a 35-year old man with drug or mental problems, according to the Columbia Journalism Review. Eight victims in Brooklyn were Jewish and the attacks were linked to Jewish-Black tensions by several news reports as a result of a statement by a newly elected council member.

The Anti-Defamation League issued a public statement charging that the attacks there targeted Jews and lamented the comments of the council member-elect for spreading a false justification for such attacks -- that Jews owned the rental housing that Blacks lived in and were threatening them with eviction. At least one attacker was charged with a hate crime under New York law.

Many politicians and organizations have spoken out about the attacks, which have been reported in the mainstream media, including the New York Daily News, CBS, CNN, ABC, and the New York Post. Otherwise, I would not be able to read extensively about them. Some media sources, mainstream and others, have found these attacks to be limited in scope, while some disagree. However, I could not find evidence that the mainstream media is not reporting the attacks accurately and fully, as Price alleges.

Another claim by Price is that he can’t make certain statements blaming “Islamofascism on Muslims” without being seen as insensitive. Perhaps it is hair-splitting to suggest that the very name “Islamofascism” carries with it the implicit criterion that to be an Islamofascist means that one is Muslim. That is not the same as suggesting that all Muslims are Islamofascists, but Islamofascism has to be blamed on those Muslims who fit that description.

I do think it is important to be careful not to blame all Muslims for the transgressions of some Muslims. We might argue about how many Muslims are to blame for the fascism in their midst, but that’s a different discussion.

No one that I have heard has blamed all Methodists for homophobia in their midst, though the official policy of the United Methodist Church (UMC) is to remove any UMC minister who performs a wedding ceremony for a same-sex couple. I know many Methodists who disagree with this official policy, so I know that the homophobia involved cannot be blamed on all Methodists.

The problem with Islamophobia may be that Price and most Americans know so few Muslims that they are willing to engage in group blame for the actions of relatively few terrorists out of the 1.6 billion Muslims in the world.

Price also takes on Americans who favor reasonable gun control. He claims that “Our culture...thinks it best to take guns away from law-abiding citizens so they can’t commit the 'crime’ of self-defense...” Of course, he offers no evidence for this claim, but it gives him an opportunity to blame this state of affairs on liberals.

That should come as news to all nine members of the Supreme Court who seem to agree that reasonable regulation of guns is permitted under the Second Amendment, even while it struck down too much regulation in Washington, D. C. v. Heller five years ago, abandoning an understanding of the Second Amendment that had stood since 1939. But straw men are so easy to knock down, Price can’t stop.

I was amused to read Price’s claim that liberals embrace “the unscrupulous, amoral power tactics of Saul Alinsky.” As I remember, it was the right-wing Tea Party types in 2010 who used Alinsky’s philosophy and practices (especially his book, Rules for Radicals) to develop new tactics to oppose the ACA and fight other issues and candidates who displeased them.

Whatever Alinsky was, he was a patriot who believed completely in democracy. He was often criticized for being too focused on ends to worry about the propriety of the means used to achieve them. In 1966, at Union Theological Seminary, he addressed this charge:
Life and how you live it is the story of means and ends. The end is what you want, and the means is how you get it. Whenever we think about social change, the question of what and how, or means and ends, always arises. The man of action views the issue of means and ends in pragmatic and strategic terms... He asks of ends only whether they are achievable and worth the cost; of means, only whether they will work... He knows intuitively that the real and only question regarding the ethics of means and ends is, and always has been, “Does this particular end justify this particular means?”
Alinsky further explained in Rules for Radicals: “Life is a corrupting process from the time a child learns to play his mother off against his father in the politics of when to go to bed. He who fears corruption fears life.”

The same argument Price makes against Alinsky was made also against Martin Luther King, Jr. in the fight for civil rights in Birmingham. King addressed such criticisms in his Letter From Birmingham Jail, written 50 years ago. The letter was addressed to clergymen who criticized King for using the wrong means to end segregation: creating immense tension in Birmingham with the demonstrations he led, taking these actions at the wrong time, being an extremist, and violating the law.

King responded that creative tension was needed for growth in the hearts and minds of whites in the community. Without such tension, change would never occur. Those who support the status quo always want to wait for change to come, but King quoted Chief Justice Earl Warren, who wrote in an opinion in 1958 that “justice too long delayed is justice denied.”

King supported violating unjust laws as a moral responsibility and argued that civil disobedience is justified in the face of such laws. As to the charge of extremism, King wrote that Jesus and others revered through the ages were called extremists, "So the question is not whether we will be extremists, but what kind of extremists we will be. Will we be extremists for hate or for love?"

Whatever one thinks about Saul Alinsky and Martin Luther King, Jr., neither belongs just to liberals or right-wingers. Alinsky was a man for all seasons and political viewpoints. But he was not an ethics teacher or philosopher; he was a man of action in the quest for social justice.

Likewise, King fought for social justice his entire adult life, never willing to sit on the sidelines when social injustice needed to be corrected. His example inspired many across the spectrum of political opinion. While Alinsky’s tactics were often dramatically creative, both he and King supported nonviolent means to achieve their ends.

Finally, I’ll deal with one other claim of Price, though he makes enough false claims to write a small book. Price complains that he can’t use the word “Christmas” because non-Christians may be offended. I don’t know what universe Price lives in, but Christmas is ubiquitous in this culture. None of my Jewish or Muslim or Buddhist or atheist friends and acquaintances can possibly escape it unless they wrap themselves in a cocoon between Halloween and New Year’s Day. Only on Fox News is Price’s complaint about Christmas part of the real world.

The only Christmas complaints I hear usually concern the government’s promotion of Christmas as a religious holiday. Manger scenes at city hall sponsored by a city council have usually been prohibited by the courts. But Christmas itself is predominantly secular, focused largely on giving and receiving gifts and selling lots of merchandise. This secular Christmas is woven into the culture as much as Thanksgiving or July 4th.

While the materialistic aspect of Christmas has been criticized by ministers and other religious people, it has also been fodder for thoughtful comments by poets. My favorite is a poem written in the 1950s by Lawrence Ferlinghetti:
CHRIST CLIMBED DOWN

Christ climbed down
from His bare Tree
this year
and ran away to where
there were no rootless Christmas trees
hung with candycanes and breakable stars

Christ climbed down
from His bare Tree
this year
and ran away to where
there were no gilded Christmas trees
and no tinsel Christmas trees
and no tinfoil Christmas trees
and no pink plastic Christmas trees
and no gold Christmas trees
and no black Christmas trees
and no powderblue Christmas trees
hung with electric candles
and encircled by tin electric trains
and clever cornball relatives

Christ climbed down
from His bare Tree
this year
and ran away to where
no intrepid Bible salesmen
covered the territory
in two-tone cadillacs
and where no Sears Roebuck crèches
complete with plastic babe in manger
arrived by parcel post
the babe by special delivery
and where no televised Wise Men
praised the Lord Calvert Whiskey

Christ climbed down
from His bare Tree
this year
and ran away to where
no fat handshaking stranger
in a red flannel suit
and a fake white beard
went around passing himself off
as some sort of North Pole saint
crossing the desert to Bethlehem
Pennsylvania
in a Volkswagen sled
drawn by rollicking Adirondack reindeer
with German names
and bearing sacks of Humble Gifts
from Saks Fifth Avenue
for everybody’s imagined Christ child

Christ climbed down
from His bare Tree
this year
and ran away to where
no Bing Crosby carolers
groaned of a tight Christmas
and where no Radio City angels
iceskated wingless
thru a winter wonderland
into a jinglebell heaven
daily at 8:30
with Midnight Mass matinees

Christ climbed down
from His bare Tree
this year
and softly stole away into
some anonymous Mary’s womb again
where in the darkest night
of everybody’s anonymous soul
He awaits again
an unimaginable
and impossibly
Immaculate Reconception
the very craziest
of Second Comings
If we could have civil discourse about our disagreements and try to understand why we have differences of opinion, perhaps we would have fewer rants from all sides of the political divide. I have dedicated this column to arguing my positions based on evidence and reason. I’m sure I have not always succeeded in that goal, but I will keep trying. And with a little luck, I may be able to avoid reading any more rants from any political perspective.

[Lamar W. Hankins, a former San Marcos, Texas, city attorney, is also a columnist for the San Marcos Mercury. This article © Freethought San Marcos, Lamar W. Hankins. Read more articles by Lamar W. Hankins on The Rag Blog.]

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30 September 2013

Lamar W. Hankins : A Case Study in DWI in San Marcos, Texas

Kyle Maysel's arrested is reported on San Marcos television. Image from kens5.com.
A case study:
DWI and the citizen accused
A San Marcos attorney was arrested on a DWI charge during a 'no refusal' weekend and questions have been raised about the conduct of the police and the judge involved in the case.
By Lamar W. Hankins / The Rag Blog / September 30, 2013

SAN MARCOS, Texas -- This past August 30, San Marcos attorney Kyle Maysel was arrested on a DWI charge after a minor traffic accident in which he backed into a stopped car. That day was the start of the first “no refusal” weekend to be conducted by the San Marcos Police Department (SMPD), a weekend when anyone arrested for DWI would not be allowed to refuse to take a breath test or a blood test to measure the alcohol content of their breath or blood.

It coincided with the Labor Day Holiday weekend (August 30-September 2). Several questions have been raised by reporters about the conduct of the police and the judge who was involved in the case.

Maysel, a well-known 55-year-old attorney in San Marcos and president of the Hays County Bar Association, was backing out of a parking space on Hopkins Street in downtown San Marcos around 10:30 p.m. He failed to notice a westbound car in a line of cars stopped for a red light at the corner of Hopkins and Guadalupe Street. Maysel’s vehicle struck the stopped car on its right rear. The drivers of both vehicles apparently drove one and a half blocks to an HEB parking lot after the accident.

San Marcos police officer Jason Scott arrived at the parking lot a few minutes later, along with another officer, to investigate the accident. During the officer’s investigation, he observed that Maysel was unsteady on his feet, had glassy eyes, slurred his speech, spoke slowly, had an odor of an alcoholic beverage on his breath, and leaned against a car for support.

Maysel also exhibited six “clues” related to intoxication on the Horizontal Gaze Nystagmus (HGN) test, during which Maysel had difficulty following the officer’s instructions to put his feet together, to put his hands down to his side, and to follow the procedure requested. The officer had to repeat his instructions many times over a nearly 10-minute period.

The HGN test requires an officer to watch the action of a subject’s eyes to determine whether they bounce or jerk unusually as they track the horizontal movement either of an object held by the officer or the officer’s finger. The inability of the eyes to track smoothly can be caused by excessive alcohol use, as well as many other factors.

Maysel had to be told several times to follow the officer’s finger with his eyes as he moved his finger in front of Maysel’s face from side to side. The officer reported that Maysel became argumentative about the HGN test and the officer’s observation that he was unsteady on his feet.

When first contacted by the officer, Maysel was confused about where his driver’s license was, believing he had given it to another officer before finding it in his shirt pocket. Maysel admitted to backing into the stopped car, and refused to perform any other standard field sobriety tests, which usually include the one-leg stand, and the walk-and-turn test. Initially, Maysel agreed to do the one-leg stand on a flat surface, but after moving to a flat area, Maysel refused the test.

The officer’s conversation with Maysel contained further confused statements related to how much he had to drink. At first, Maysel responded that he had a couple of drinks. Later, he said that he had three or four drinks while watching a football game. Maysel refused to take both a breath test and a blood test to determine alcohol concentration in his body after having been read a statutory warning that a refusal would result in the loss of his driver’s license for at least 180 days.

Two other police officers, Don Lee and Tony Scott, assisted with the investigation. Officer Tony Scott explained the “No Refusal Blood Draw” program to Maysel. Upon learning that District Judge Bill Henry would be asked to issue the warrant for the blood draw, Maysel told the officers that he knew Judge Henry.

Maysel was handcuffed and arrested. His car was left in the parking lot since it was parked legally and no one could be found to drive it away. Maysel was driven in a patrol car to Central Texas Medical Center (CTMC), which has an informal agreement with SMPD to do blood draws for its “no refusal” initiative.

A search warrant to authorize the blood draw was prepared and signed by officer Jason Scott after he swore to the affidavit supporting the warrant during a telephone conversation with Judge Henry, who then asked for the warrant and affidavit to be taken to him at his home for his review and signing. This was done by officer Tony Scott.

Forty-five minutes later, Officer Tony Scott arrived back at the CTMC and informed the arresting officer, Jason Scott, that Judge Henry refused to sign the warrant for the blood draw because Judge Henry “has a working relationship with Maysel and knows about his (Maysel’s) drinking problem (which) he felt... made him subject to being called as a witness should the case come to trial.”

Further, Judge Henry “stated he was with Maysel (that day) during a retirement party at the Courthouse around noon.” The report by Officer Tony Scott states further, “The Judge denied there being alcohol at the party but stated Maysel has a drinking problem he (Judge Henry) is aware of.” All of the quotes are taken from Officer Scott’s written report.

The arresting officer decided not to pursue the arrest of Maysel, drove him to his truck so that Maysel could retrieve some personal belongings, warned Maysel against driving his vehicle again that night, and gave him a ride to his home. The officer did check the parking lot later in the night to make sure Maysel’s vehicle was still parked there.

This case brings up several issues that may be confusing to the average person, as well those who have a working knowledge of police procedure:
  1. Why wasn’t there another judge who could have signed the warrant?
  2. Why is it constitutional to take a blood sample against a person’s wishes?
  3. Why would Judge Henry recuse himself from participating in the issuance of a warrant to take a sample of Maysel’s blood?
  4. Why wasn’t a DWI charge pursued after Maysel’s arrest even though no breath or blood specimen was provided?
In an interview with San Marcos Police Chief Howard Williams, he explained that the Labor Day weekend was the first time that the SMPD had tried to do a “no refusal” program and ironically the first case it attempted revealed an unanticipated glitch in the program.

The SMPD had asked Judge Henry if he would be willing to participate in the program. He is one of two district judges who live in or around San Marcos. No one had thought about what to do if, for some reason, Judge Henry believed that it would be improper to issue a warrant for a blood draw on a subject.

State law allows only certain judges or magistrates to issue blood draw warrants -- they must be attorneys. This requirement leaves out all of the Justices of the Peace who are not attorneys, which includes all now serving in Hays County. Also, municipal court judges must serve in municipal courts of record to be allowed to issue blood draw warrants, but the judge for the San Marcos Municipal Court, which is a court of record, had not previously been contacted about the program.

This left only three judges who reside in Hays County, other than Judge Henry, who were eligible to issue a blood draw warrant for Maysel. Because no plans had been made for a substitute judge to issue a blood warrant, there was inadequate time to find another judge who was eligible to issue a warrant, and the police thought that perhaps all of them would find themselves unable to issue such a warrant for the same reasons given by Judge Henry.

The constitutionality of using a warrant to draw a blood sample in a DWI case has been settled law under the U.S. Constitution since 1966, when the U.S. Supreme Court held that blood samples may be taken provided that the requisites of the Fourth Amendment are met.

In Texas 11 years ago, the Texas Court of Criminal Appeals made clear that this was the law in Texas provided that the warrant is based on sufficient probable cause; that is, the officer must explain precisely, in a written affidavit, what evidence exists that the person whose blood is sought may be intoxicated. And the magistrate issuing the warrant must be neutral and unbiased, what the law considers “detached.”

In addition to satisfying the requirements of the Fourth Amendment and its comparable provision found in the Texas Constitution for the issuance of a search warrant for blood evidence, Texas law recognizes an “implied consent” concept. That is, if a person obtains a valid Texas drivers license, the possession of which is a privilege and not a right, such a person has given “implied consent” to provide a breath or blood sample when one is requested under the proper circumstances or suffer the consequences.

In the Maysel case, that consequence will be the loss of his drivers license for at least 180 days unless an administrative law judge finds that the requisites for an arrest for DWI were not met.

The reasons for Judge Henry’s recusal from the Maysel case may be more difficult to understand. In a few situations, recusal is mandatory. The Code of Criminal Procedure provides that a judge is disqualified from hearing a criminal case if the judge is the injured party or has been the counsel for the state or the accused, or if the accused or an injured party is a close relative.

The Code of Judicial Conduct provides broader, discretionary standards, however. The Code calls for judges to maintain “high standards of judicial and personal conduct” in ways that preserve the “integrity and independence of the judiciary.” Judges are further required to “act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.” Undoubtedly, these standards weighed on Judge Henry’s decision in the Maysel case.

On the other hand, another provision of the Code of Judicial Conduct provides that judges “shall not allow any relationship to influence judicial conduct or judgment.” Arguably, a judge should not allow a professional relationship with an attorney who regularly appears before him or her to influence the performance of that judge’s duties. But another section of the same Code provides that judges should hear and decide matters that come before them “except for those in which disqualification is required or recusal is appropriate.”

Judge Henry’s knowledge about Maysel, his concern that questions might later be raised about his own impartiality, and the mixture of judicial conduct standards make it difficult to determine whether recusal was necessary. But except for mandatory disqualification situations, recusal decisions are almost always left to the discretion of the individual judge, and there are ample reasons to support Judge Henry’s decision in this case.

The reasons a DWI charge was not pursued can be found mainly in officer Jason Scott’s report of the incident. At one point during the interchange between Scott and Maysel, his lapel microphone malfunctioned. The HGN test took an excessive amount of time. There were time delays caused by the relocation from the HEB parking lot to one that was more level across the street from HEB.

Fulfilling the procedures of the new “no refusal” program took additional time. The preparation of the warrant, the phone call with Judge Henry, and delivering the warrant to Judge Henry, after which he recused himself, took even more time. From the time Maysel left the parking lot and Officer Tony Scott arrived back at CTMC with news of the recusal action almost three hours had passed.

While this was not too long a time to secure a breath or blood test, it was apparent that neither would be taken in this case. Without a breath or blood test, the case would rest completely on the officer’s observations and the videos.

While the videos may have been sufficient, along with the testimony of three officers about Maysel’s condition and behavior, officer Jason Scott decided not to pursue the arrest further, something that is within his discretion to decide, though it is not unreasonable to let that decision be made by the district attorney, whose job it is to prosecute such cases.

I did not talk to any of the officers involved in the Maysel case, but I will note that I have represented clients formally charged with DWI in which the evidence against them was less than the evidence amassed against Maysel.

While the state has a more difficult time prosecuting such cases, they regularly do so, especially when the video evidence clearly demonstrates that the accused was impaired. In addition, there were at least two civilian witnesses to Maysel’s actions and demeanor at and immediately after the time of the accident. Their testimony, as well as the testimony of people in the bar where Maysel had been drinking, could have been sought.

After reviewing all of the reports provided by the SMPD, as well as the videos taken by the department’s in-car cameras, I was left with the impression that the officers had little confidence in their conclusions about Maysel’s intoxication. With additional training, they might feel more secure in pursuing DWI charges that lack more conclusive evidence than was available in this case.

Chief Williams has already taken steps to assure the availability of a judge who is less likely than Judge Henry to have personal or professional relations with local attorneys the next time the SMPD has a “no refusal” weekend.

[Lamar W. Hankins, a former San Marcos, Texas, city attorney, is also a columnist for the San Marcos Mercury. This article © Freethought San Marcos, Lamar W. Hankins. Read more articles by Lamar W. Hankins on The Rag Blog.]

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05 September 2013

Lamar W. Hankins : 'Masters of War' Target Syria

"Masters of War." Art from Society of Wood Engravers.
U.S. foreign policy:
The 'Masters of War'
are firmly in control
Diplomacy and fairly negotiated economic agreements have taken a back seat to violent military action as the primary way to deal with the world.
By Lamar W. Hankins / The Rag Blog / September 5, 2013
You that never done nothin’
But build to destroy
You play with my world
Like it’s your little toy
-- Bob Dylan, from "Masters of War"
The news this past week seems to confirm that “Masters of War,” the phrase from Bob Dylan’s 1963 song of that title, are firmly in control of U.S. foreign policy. Diplomacy and fairly negotiated economic agreements have taken a back seat to violent military action as the primary way to deal with the world.

At the age of 22, Dylan understood U.S. foreign policy more clearly than most politicians in my lifetime. I am not suggesting with regard to attacking Syria, for instance, that there are not some people genuinely concerned about the welfare of the Syrian people, who were likely gassed recently by President Assad. But I consider most of their comments hollow, hiding motives other than the humanitarian ones they espouse.

Sen. John McCain, for example, says,
For us to sit by, and watch these people being massacred, raped, tortured in the most terrible fashion, meanwhile, the Russians are all in, Hezbollah is all in, and we’re talking about giving them more light weapons? It’s insane.
John McCain has never seen a conflict that couldn’t be improved with a little war-making. He’s been a friend of the “Masters of War” his entire career, and has been richly rewarded. McCain is so pro-war that he made a trip to Syria last May and wound up having a photo-op with terrorists who were involved in a high-profile kidnapping case. The terrorists’ virtue was that they opposed Assad.

President Barack Obama is hardly any better than McCain:
It's important for us to recognize that when over 1,000 people are killed, including hundreds of innocent children, through the use of a weapon that 98 or 99 percent of humanity says should not be used even in war, and there is no action, then we're sending a signal that that international norm doesn't mean much. And that is a danger to our national security.
Obama apparently opposed the Iraq war 10 years ago against just as brutal a dictator as Assad and one who killed more people with chemical weapons than has Assad. Of course, some of Saddam’s gassings were done with U.S. approval and aid, when Iraq was fighting against Iran, our long-time enemy that does not bend to our will. And the U.S. gave Saddam a pass for killing between 3,000 and 5,000 Kurds in Halabja in 1988.

Secretary of State John Kerry’s comments on the subject are even more jingoistic than McCain’s and Obama’s:
Our sense of basic humanity is offended, not only by this cowardly crime but also by the cynical attempt to cover it up. What we saw in Syria last week should shock the conscience of the world. It defies any code of morality. The indiscriminate slaughter of civilians, the killing of women and children and innocent bystanders by chemical weapons, is a moral obscenity. By any standards, it is inexcusable, and despite the excuses and equivocations that some have manufactured, it is undeniable.
These words come from an anti-Vietnam War veteran who nevertheless had few problems with agreeing to invade Iraq in 2003, making his talk of morality unpersuasive. War itself should be enough to shock the conscience, especially of someone who has participated in it.

Maybe these three U.S. leaders forgot that the U.S. has used the same excuses and equivocations to justify its use of depleted uranium against innocent Iraqis several times over a 20-year period, leading to vastly increased incidences of cancer (especially leukemia) and birth defects in Iraqi children.

As Marjorie Cohn and Jeanne Mirer, both associated with human rights organizations, have reported, the U.S. also used white phosphorous gas, which melts the skin and burns tissue down to the bone, in both Afghanistan and Iraq. A third weapon used by the U.S. in both those countries is cluster bombs, which contain tiny bomblets that spread over a vast area and can kill or maim long after being deployed if civilians, often children, disturb them.

Cohn and Mirer write, “The Geneva Convention Relative to the Protection of Civilian Persons in time of War (Geneva IV) classifies ‘willfully causing great suffering or serious injury to body or health’ as a grave breach, which constitutes a war crime.” Our leaders can always be counted on to lament the loss of civilian lives, but they do little else to prevent such losses.

Kerry’s comments about Assad’s use of gas, that it “defies any code of morality” and should “shock the conscience of the world,” apply equally to America’s conduct in its wars. But the U.S. has not been held to account for the “use (of) the world’s most heinous weapons against the world’s most vulnerable people."

And neither McCain, Obama, nor Kerry is calling for America to be held accountable. Their claimed moral outrage at the use of Assad’s weapons is mere hypocrisy until they take responsibility for our own human rights violations.

While I agree that Assad’s use of gas is an affront to civilization, it is time to acknowledge that the U.S. has committed similar atrocities that also affront humanity. What disturbs me even more, however, is that over 100,000 people have been killed so far in the Syrian civil war. This fact should be even more alarming than the deaths of 1,500 by unconventional methods.

I have tried to understand why unconventional weapons -- chlorine, phosgene, mustard, and sarin gas, along with phosphorous gas, depleted uranium, and cluster bombs, and atomic bombs and their successors -- are viewed as being in a special class of war-making weapons that various people see as so exceptional that they should be banned. I understand that a gas attack can be very painful and leave people in agony for days before they die, but conventional weapons often have the same result.

When it comes to atomic and hydrogen bombs, I understand that their widespread use would likely end life as we know it on the earth. But this is not true of the other weapons, including the sarin gas that Assad is likely to have used recently against his foes in Syria. Ninety-eight percent of the world’s countries oppose chemical weapons. This figure would impress me more if the same number of countries opposed all military weapons that kill and maim indiscriminately.

If the purpose of war is to kill the enemy until it surrenders, it is unclear to me why any weapon should be considered more horrendous than another. War has always meant indiscriminate death. The best solution to indiscriminate death is negotiation, preferably through the UN or other international bodies.

The U.S. has not pressed negotiation aggressively in Syria because its perceived interests are best served by prolonging that civil war. Syria’s allies include Iran and Hezbollah. Tying up Iran and Hezbollah in helping Assad diverts their attention from other mischief, such as bothering Israel, America’s closest ally in the Middle East.

In addition, the U.S. doesn’t know whom to support among groups that oppose Assad. All of the groups could become bitter enemies of the U.S. should they prevail and come to power in Syria. This is what happened in Egypt. The U.S. supported the ouster of Mubarak (after many years of supporting him), only to see a democratic election put the Muslim Brotherhood’s choice in power, making necessary (from the U.S. perspective) the ouster of President Morsi by the Egyptian military.

But the U.S. government won’t call that a coup by the military because we don’t have any good options there to bring someone to power who will do our bidding. The Egyptian military, supported by $1.5 billion in annual U.S. aid, is not a reliable friend. And why should it be, when $12 billion has been pledged by Arab sources?

For all those too young to remember Bob Dylan’s words, the lyrics to “Masters of War,” which I find useful to read occasionally as a reminder of what drives the American war machine, can be found here. Dylan identifies the “masters of war” as those who build weapons, from which they become wealthy, thus giving them an incentive to push for war whenever possible.

By implication, Dylan suggests we should “follow the money,” to see who benefits from war. He sees these people (and their minions in Congress) as indifferent to human life. He references their lies and deception, the fear they generate, and the immorality of their actions.

President Obama now wants to punish Syria for its use of sarin gas, but he wants the approval of Congress to do so. It is beginning to sound as if Obama will attack Syria, with or without congressional approval, but finds it politically advantageous to get its approval, if that doesn’t take too long.

Considering the forces arrayed in favor of attacking Syria -- the Pro-Israel lobby AIPAC, the neoconservative pundits who took us into Iraq, policy institutes (think tanks) that have produced such people as National Security Advisor Susan E. Rice, the entire arms industry, and most of the oil industry -- there is little doubt that the U.S. will attack Syria. Only the duration and extent of that involvement seem in question.

Dylan’s words remain relevant 50 years later, and will probably remain so as long as human beings exist. If it is possible to bend the arc of the moral universe toward justice and freedom, we could do worse than pay more attention to what Dylan had to say.

[Lamar W. Hankins, a former San Marcos, Texas, city attorney, is also a columnist for the San Marcos Mercury. This article © Freethought San Marcos, Lamar W. Hankins. Read more articles by Lamar W. Hankins on The Rag Blog.]

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03 September 2013

Lamar W. Hankins : The Tyranny of the Manning Trial

Pfc. Bradley Manning. Graphic by DonkeyHotey / Flickr.
A failure of the justice system:
The tyranny of the Manning trial
Pfc. Manning has been sentenced to 35 years in a military prison for embarrassing the government in a trial that grossly violated the constitutional guarantee of due process.
By Lamar W. Hankins / The Rag Blog / September 3, 2013

The right to due process is the bedrock of the right to trial in this country. The recently concluded trial of Pfc. Bradley Manning [who has since expressed her intention to live as a woman and be known as Chelsea Manning] demonstrates that Manning did not receive due process, that is, procedural fairness and government actions that follow the law in all relevant aspects. Both the military courts and the civilian courts are controlled by the same Constitution, though Manning’s trial calls this proposition into question.

Certainly, Manning received the outward appearances of due process: he received notice of the charges against him; he had a jury trial presided over by an apparently unbiased judge; he was represented by able counsel; he had adequate time to prepare for trial; to a limited extent, he was given notice of the evidence against him, allowed to present evidence in his own defense, and permitted some cross-examination of the witnesses who testified against him; a written record was made of the proceeding; and the basis of the decision against him was made known.

If that’s all that were required, we could put this case behind us and move on, but the full story of the persecution (it was not just a prosecution) of Manning requires a more complete look at what the government did to him.

Manning was sentenced to 35 years in a military prison for leaking to WikiLeaks more than 700,000 classified files from the U.S. State Department, diplomatic cables, powerpoint presentations, lists of military addresses, military databases, videos of military actions, documents related to the wars in Iraq and Afghanistan, and other similar materials.

No one disputes that Manning leaked these materials. What is disputed is how he should be dealt with for what he believed was his duty to expose wrongdoing.

Manning was charged with violations of Army regulations: failure to obey a lawful order or regulation, aiding the enemy, knowingly giving intelligence to the enemy through indirect means, wrongfully storing classified information, and related infractions.

From the beginning of Manning’s case, however, the government engaged in misconduct. After he was arrested he endured 11 months of solitary confinement in conditions that the United Nations special rapporteur on torture considers, based on article 16 of the convention against torture, as cruel, inhuman, and degrading -- very near to torture:
The special rapporteur concludes that imposing seriously punitive conditions of detention on someone who has not been found guilty of any crime is a violation of his right to physical and psychological integrity as well as of his presumption of innocence.
Had the special rapporteur been allowed private access to Manning as a part of his investigation, he would have been able to gauge whether Manning’s treatment amounted to torture. Officials at the Pentagon denied the special rapporteur private communications with Manning, thus thwarting a complete investigation into the conditions of his imprisonment, a violation of human rights procedures according to the UN.

Manning was forced to sleep naked facing a lamp, confined to a 6-by-8 foot cell for over 23-and-a-half hours a day, and denied contact with other inmates. When they found him asleep, guards woke him up. When he danced to overcome the boredom, guards considered that he was mentally unstable. Besides, dancing was not a form of exercise approved by his jailers.

Manning’s harsh treatment was justified by his guards as punishment for the most serious charge -- aiding the enemy -- though he had not been convicted of any crime at the time (and subsequently was found not guilty of aiding the enemy). His pretrial confinement conditions will be one issue taken up on appeal.

Another issue on appeal will be that Manning was denied his right to a speedy trial through a procedure in which an Army commander complied with a prosecution request several times to remove from consideration a period of time that would otherwise have counted toward the speedy trial clock. Such a procedure makes a complete mockery of the right to a speedy trial.

One of the most egregious violations of due process that I have ever heard in my over 35 years of practicing law was the changing of the charges against Manning after the government had rested its case. That is, after all evidence in the case had been presented and closed, the presiding military judge allowed the prosecution to change the charges of larceny to a different offense.

Notice of the charges against a defendant before the trial begins is essential to due process. Changing those charges after all evidence has closed clearly violates the notice requirement.

Some actions relating to witnesses and evidence prevented Manning’s attorney, David Coombs, from pursuing the defense that he had chosen. For example, before the defense was allowed to call a witness, the witness had to be approved by the prosecution. Important evidence that Manning’s attorney wanted to present was not allowed, on the specious ground that it would compromise national security, though the evidence for this is minimal at best.

Further, although Manning could have used the defense that he had a duty under the U.S. military code and international law to which the U.S. subscribes to expose war crimes, he was denied the right to present evidence of this duty by both the court and the prosecution.

Some evidence that could have aided Manning was kept from the defense because it was declared classified. Coombs believes that classification was used to inhibit Manning’s defense. It was the government’s prosecutor alone who decided what classified evidence was beneficial and what was not. Coombs has a security clearance, so he could have looked at the evidence and decided its usefulness to Manning’s defense. That is a decision for trial counsel, not the prosecution.

 In civilian courts, where the prosecution has evidence that could be useful to the defense, but the prosecution is not sure of its usefulness, it is presented to judges privately and they decide what should be given to the defense. Not so in Manning’s trial. On the charge of “aiding the enemy,” of which Manning was found not guilty, Coombs had this to say after the trial:
Well, I think that, for starters, you go with an offense of aiding the enemy, and that offense really is unprecedented. When you look at how that was used in the past and how the government tried to use it in this case, they had to go back to an 1800s case to even make an argument, a colorable argument, as to why you would go after somebody who gave information to a journalist and say that they aided the enemy. That is an unprecedented aspect of this case.

Not only there, but in every other charging decision that they made, they pushed the envelope of, and even strained, any realistic reading of what the law is. And yet, they seemed to not have a problem with that. It was almost a win-at-all-costs mentality. And I think that ultimately will be something on appeal that will get reviewed, and perhaps at that point Brad will get some relief, even on appeal.
The claim of harm caused by Manning’s public disclosures seemed the most important reason for prosecuting him, but whether the disclosures had done actual harm was impossible for the government to prove. Coombs characterized the government’s evidence of harm, presented during the sentencing phase of the trial, as “pure speculation.”

Normally, witnesses are not allowed to speculate, but the government could find no actual evidence of harm to national security, so it was left to present witnesses who could only speculate about possible harm in the future, not even likely harm, but maybe some potential for harm.

It should not be surprising that no harm could be found. According to The Arizona Republic, 5 million government employees and contractors are eligible to see all of the information Manning leaked. U.S. Rep. Duncan Hunter believes that the government has far too many records classified -- that we are in a period of “classification inflation.”

As a result, average Americans cannot know what their government is doing in matters that, if publicized, would not harm national security, but would severely embarrass the government.

Such secretiveness prevents journalists from informing the public about matters that we should know if we are to be citizens capable of making informed and intelligent decisions about government policy and practice. Considering the government actions that we do know about, what is surprising to me is that there are not more leaks.

Preventing such leaks is, in part, what the Manning trial was all about -- an attempt to discourage whistleblowing by essentially ending the lives of those who dare to let the public know about the actions of its government and its abuse of its authority. The government wanted Manning sentenced to nearly double the 35 years in prison he received -- a sentence that could have kept him in prison for the rest of his life.

Another troubling aspect of Manning’s trial, directly related to secrecy, was that some of it was closed to the public (and none of it was allowed to be broadcast so the public could see first-hand what the government was doing). Coombs believes that the government used closed sessions to convince the public that some information released by Manning was harmful. Otherwise, there would be no reason for closed sessions.

Coombs and many other observers believe that the government was embarrassed by the content of some of the leaks, as well as by the massive amount of leaks. Especially with regard to the diplomatic cables that became public, Coombs believes that having the truth come out was extremely embarrassing:
I think the damage there was an embarrassment of having other people see that we don’t always do the right thing for the right reasons as the United States, which might come as a surprise to some people. You would think that when we deal with other countries, when we deal with people who are less fortunate than our country, that we’re doing so in a way that helps everybody, that’s in everyone’s best interest.

But that’s not always the case. And, in fact, frequently we do things that are in our own national interests, and sometimes that is to the detriment of people who are struggling to have what we have here in America -- a democracy, a free and open press. And that’s a little disheartening when you see that. And I think that’s probably the biggest damage, because if people actually look to these documents, they will see that we don’t always do what we should do, and we are not always the country that we should strive to be.
Perhaps the most embarrassing leak (released by WikiLeaks), and certainly one of the most damaging to America’s image in the world, was the 2007 video of airstrikes in Baghdad by two Apache helicopter crews that killed a Reuters cameraman and his assistant, along with nine Iraqis, two of whom may have had weapons.

The attack was approved by the crews’ commander via radio communication at the crews’ urging. Not content with the killing and maiming they had just done, at least one of the Apache helicopter crews opened fire just minutes later on a van  that was trying to rescue the wounded. The van was occupied by a family that included two children who were both wounded.

No evidence has surfaced that any of the dead were insurgents. Their behavior did not indicate any activity that would have been considered threatening to nearby U.S. troops. It is not clear whether WikiLeaks obtained the footage from Manning first, or had obtained it before Manning released the material.

Regardless of where the Baghdad airstrike footage originated, what seems clear today is that Manning is, as Coombs described him, “a good young man who did what he thought was morally right, and for the right reasons, and he was sentenced the way we would sentence somebody who committed murder, the way we would sentence somebody who molested a child.”

It is a failure of the justice system, both military and civilian, that the callous, unjustified killing of innocent Iraqis, including children and journalists, has not been redressed, but Pfc. Manning has been sentenced to 35 years in a military prison for embarrassing the government in a trial that grossly violated the constitutional guarantee of due process and was nothing short of tyrannical.

This is a time when all patriotic Americans should be questioning the ability of their government to follow the values that are the foundation of our country. Manning should be at least as free as those who carried out the 2007 massacre in Baghdad.

NOTE: Quotes from David Coombs are from an interview he gave to independent journalist Alexa O’Brien just after the Manning trial ended. To join an effort to free Manning, go here.

[Lamar W. Hankins, a former San Marcos, Texas, city attorney, is also a columnist for the San Marcos Mercury. This article © Freethought San Marcos, Lamar W. Hankins. Read more articles by Lamar W. Hankins on The Rag Blog.]

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24 August 2013

Lamar W. Hankins : The March for Jobs and Freedom After 50 Years

50 years later:
The March for Jobs and Freedom
While King's 'I Have a Dream' speech is clearly worthy of distinction, our memories of the event have shunted aside one of the primary purposes of the March: to push for a $2-per-hour minimum wage.
By Lamar W. Hankins / The Rag Blog / August 24, 2013

[A series of events marking the 50th anniversary of the 1963 March on Washington for Jobs and Freedem is being held Saturday, August 24-Wednesday, August 28, in Washington, D.C., highlighted by a Realize the Dream March and Rally on Saturday, 8 a.m-4 p.m., and a March for Jobs and Justice on Wednesday, 11:30-4 p.m., led by veterans of the '63 event and featuring speeches by President Obama and former presidents Clinton and Carter.]

August 28, 2013, will mark the 50th anniversary of what is now called “The March on Washington,” but was officially named “The March on Washington for Jobs and Freedom.” I was unable to go to Washington, D.C., 50 years ago, but I remember where I was, and the March was certainly on my mind. A friend and I were on a trip through Houston. We stopped at a Foley’s store and spent some time in the appliance section watching the March on the televisions displayed.

Another friend I had known in high school was working for a federal agency in D.C. at the time. He and his fellow employees were sent home for the day (a Wednesday) because the government feared violence, clear evidence of the state of race relations at the time. My traveling companion and I were pleased to see that the March was as peaceful as its organizers had hoped it would be.

There were stirring speeches by John Lewis, now a Congressman from Georgia, as well as Martin Luther King, Jr. Others well-known in public life were in attendance or sent their remarks to be read by others. James Farmer, head of the Congress of Racial Equality, was in jail in Louisiana. His remarks were read by Floyd McKissick. Author James Baldwin’s remarks were read by Sidney Poitier.

Others, including labor leader Walter Reuther and actor and singer Josephine Baker gave brief speeches. A. Phillip Randolph and Bayard Rustin played key roles in organizing the March, which was supported by the major civil rights organizations active at that time, as well as the AFL-CIO, and other union and religious groups.

Many musicians and singers performed, including Marian Anderson; Joan Baez; Bob Dylan; Mahalia Jackson; Peter, Paul, and Mary; Odetta; and Josh White. Actors present included Charlton Heston, Harry Belafonte, Marlon Brando, Diahann Carroll, Ossie Davis, Sammy Davis, Jr., Lena Horne, and Paul Newman, along with comedian Dick Gregory.

March on Washington, 2013.
What we hear most about the March was the famous “I Have a Dream” speech of Dr. King. While the speech is clearly worthy of distinction, our memories of the event have shunted aside one of the primary purposes of the March: to push for a $2-per-hour minimum wage.

Had that goal been achieved and a $2 minimum wage been passed and indexed for inflation, the minimum wage today would be $15.26 based on the Bureau of Labor Statistics Consumer Price Index Inflation Calculator.

It happens that $15.26 is less than what a living wage in San Marcos-Austin-Georgetown would be today for one adult supporting one child. That figure, according to the Living Wage Calculator maintained by MIT, is $19.56 for those living in San Marcos/Hays County, Austin/Travis County, and Georgetown/Williamson County. The Living Wage Calculator takes into account the following costs:
  • It uses the U.S. Department of Agriculture’s 2010 low-cost food plan, with regional adjustments. A family of four with two adults and two young children is expected to spend about $650 on food, less than $22 a day for the four.
  • Child care costs are determined from a report, “Parents and the High Cost of Child Care - 2011 Update” published by the National Association of Child Care Resource and Referral Agencies.
  • The cost of health care is derived from the “2010 Consumer Expenditure Survey” prepared by the Bureau of Labor Statistics and the “2010 Medical Expenditure Panel Survey” published by the U.S. Department of Health & Human Services.
  • Housing costs are from “2010 Fair Market Rents” produced by U.S Department of Housing and Urban Development.
  • Transportation expenses are from the “2010 Consumer Expenditure Survey.”
  • Other necessities are derived using regional adjustment factors from the “2010 Consumer Expenditure Survey.”
  • Tax figures include estimated Federal payroll taxes as well as Federal and State income taxes for the 2011 tax year.
These Living Wage calculations show that we are nowhere close to what an inflation-adjusted minimum wage would be had it been $2 an hour in 1963. In fact, we are at less than half that amount with a current minimum wage of $7.25 an hour. And President Obama earlier this year, in the face of strong opposition, requested an increase in the federal minimum wage to a pitifully inadequate $9 per hour.

These facts about what income can provide a minimal standard of living in the U.S. demonstrates that we have an economic system unwilling to provide Americans with a living wage when left to its own devices. But, as we are learning from current efforts by workers at fast food restaurants to be paid adequate wages, the companies that own these businesses are raking in plenty of profits from the labor of workers.

These companies could both thrive and allow their workers to live decently. An undergraduate student at the University of Kansas who researched McDonald’s company-owned stores found that the fast food giant could double all employee salaries by increasing the cost of a Big Mac by 68 cents, without giving up one penny of profits. And Dean Baker, co-director of the Center for Economic and Policy Research, believes that McDonald’s is so large, vast, and lucrative that the company could easily manage a major wage increase for its employees without damaging its profits.

Recently, fast food workers in New York City, St. Louis, Chicago, Detroit, Milwaukee, Kansas City, and Flint, Michigan, have been demanding that they be paid something closer to a living wage and that they be allowed to have the chance to form a union without intimidation by management. They ask to be paid $15 an hour, just under what the 1963 $2 per hour minimum wage demand would be if adjusted for inflation.

As a result of these recent efforts to obtain fairer pay, work stoppages and walkouts have occurred in fast food restaurants in several cities. Their efforts are being aided by the Service Employees International Union and could be advanced further if those of us who consume fast food support them.

If consumers respond to the moral issues related to fast food businesses by refusing to patronize fast food restaurants that won’t pay a living wage to their employees, this movement could finally realize a part of King’s dream and a primary objective of the 1963 March on Washington.

Nothing could be a more fitting memorial to the man who was killed while supporting sanitation workers in Memphis, who sought better wages, than for minimum wage workers throughout the country finally to be paid a fair wage that allows them and their families to live adequately.

[Lamar W. Hankins, a former San Marcos, Texas, city attorney, is also a columnist for the San Marcos Mercury. This article © Freethought San Marcos, Lamar W. Hankins. Read more articles by Lamar W. Hankins on The Rag Blog.]

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14 August 2013

Lamar W. Hankins : How George W. Bush Aided the Terrorists

Mission accomplished! Have Bush's (and Obama's) policies boosted terrorist recruitment? Photo from Reuters.
How George W. Bush aided the terrorists
(According to the government)
Bush’s bogus war in Iraq; the atrocities at Abu Ghraib, Guantanamo, and “black site” prisons; waterboarding and other uses of torture; and the civilian death toll from drone strikes have all served as recruiting tools for Al Qaeda and the terrorists.
By Lamar W. Hankins / The Rag Blog / August 14, 2013

Peter Hart, from Fairness and Accuracy In Reporting, recently discussed the provocative idea that George W. Bush, as well as others in his administration, aided terrorism. This idea arises as a result of evidence introduced at the trial of whistleblower Private Bradley Manning.

To show that Manning’s unauthorized release of information about American actions during the war in Iraq had harmed the U.S. by encouraging attacks against the West, the prosecution did the following, as reported by The New York Times:
A prosecution witness in the sentencing phase of the court-martial of Pfc. Bradley Manning told a military judge on Thursday that Al Qaeda could have used WikiLeaks disclosures, including classified United States government materials provided by Private Manning, to encourage attacks in the West, in testimony meant to show the harm done by his actions... The witness, Cmdr. Youssef Aboul-Enein, an adviser to the Pentagon's Joint Intelligence Task Force for Combating Terrorism, said that WikiLeaks materials showing that the United States had killed civilians, for instance, could help Al Qaeda.
Aboul-Enein said, "Perception is important because it provides a good environment for recruitment, for fund-raising and for support for Al Qaeda’s wider audience and objectives.”

Hart suggests that “the potentially most damaging part of Manning's disclosures was that the war kills civilians -- and that U.S. enemies could use that fact to recruit others.”

The standard, then, appears to be, as Hart wrote: “the killing of civilians might rally people behind the cause of Al Qaeda.” Hart identifies the invasion of Iraq itself as the cause of all of the killing, but that just scratches the surface of the disclosures of horrendous acts that inflame hatred of the U.S. and lead to enhanced recruitment of people by Al Qaeda to commit acts of terrorism against both the U.S. and its allies.

When the horror of Abu-Ghraib was revealed, Bush’s Secretary of Defense Donald Rumsfeld could not stop talking publicly about how horrible such practices were, always blaming anyone but the administration for the “stuff” that happens in war.

In his 2011 memoir, Known and Unknown, Rumsfeld seems to admit that Abu Ghraib atrocities committed by U.S. soldiers harmed the U.S. once they were revealed. Of course, Iraqis who were abused eventually would have been released and passed stories around of their horrendous treatment by U.S. troops, or their families would have revealed their abusive treatment.

It was the Bush administration that opened the prison in Guantanamo that has been one of the greatest aids to terrorist recruitment in the modern world, largely because the U.S. tortured the prisoners at that facility and held many who had done nothing wrong or adverse to U.S. interests. Earlier this year, UN human rights chief Navi Pillay said that the Guantanamo prison “has become an ideal recruitment tool for terrorists.”

In an April article in The Atlantic magazine, Thérèse Postel, a policy associate in international affairs at The Century Foundation, wrote: “Guantanamo Bay has often been the focus of jihadist media and propaganda... Guantanamo Bay has become a salient issue used in jihadist propaganda.”

Of course, the jihadist use of Guantanamo as a recruiting tool can now be attributed to the Obama administration, which is responsible for the prosecution of Manning. Irony and hypocrisy know no bounds when it comes to government tyranny and abuse of power.

And we should never forget the “black site” prisons located in strategic places around the globe where U.S. prisoners were tortured at will (and still are). In 2005, the Washington Post reported:
The CIA has been hiding and interrogating some of its most important al Qaeda captives at a Soviet-era compound in Eastern Europe, according to U.S. and foreign officials familiar with the arrangement... The secret facility is part of a covert prison system set up by the CIA nearly four years ago that at various times has included sites in eight countries, including Thailand, Afghanistan and several democracies in Eastern Europe, as well as a small center at the Guantanamo Bay prison in Cuba, according to current and former intelligence officials and diplomats from three continents.
Other black sites have been identified as located in Egypt, Jordan, and Morocco. CIA interrogators in such overseas sites used "enhanced interrogation techniques," some of which are prohibited by the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and by U.S. military law.

Among the techniques used is "waterboarding," in which a prisoner is made to believe he is drowning. For a time, waterboarding became a household word in the U.S. and around the world as the morality of the practice was debated. Although the U.S. is a party to the U. N. Convention, it has blatantly violated it, giving more reasons for Al Qaeda to attract new jihadist recruits.

Especially destructive to U.S. interests is the use of unmanned aerial vehicles, known widely as drones, which can be armed with weapons to kill enemies. They have been used by the U.S. since 2001 when they were launched from Uzbekistan and Pakistan. One of the unfortunate effects of drone use has been the killing of civilians in large numbers. Attacks have been launched from drones in Afghanistan, Pakistan, Yemen, and Somalia.

In 2009, a report from the Brookings Institute said that 10 civilians are killed for every militant killed in Pakistan drone attacks. Pakistani authorities have claimed that in 2009 alone, over 700 innocent civilians were killed by drone attacks and many more injured.

Armed drone use has grown dramatically since drones were first employed by the Bush administration. The killing of civilians by drones is widely acknowledged as a significant recruiting tool for Al Qaeda and other jihadist groups.

If “the killing of civilians might rally people behind the cause of Al Qaeda,” then the worst perpetrator of actions that might harm U.S. interests is the government of the U.S. Of course, the government will not prosecute itself for aiding the enemy, but it will torture and punish low-level personnel like Bradley Manning for actions that it claims do what it has done.

But we know that governments can be far worse than what I. F. Stone said about them -- that all governments lie. We know, if we pay attention, that the U.S. government is duplicitous, sanctimonious, and deceitful, as well as given to lying on a regular basis.

[Lamar W. Hankins, a former San Marcos, Texas, city attorney, is also a columnist for the San Marcos Mercury. This article © Freethought San Marcos, Lamar W. Hankins. Read more articles by Lamar W. Hankins on The Rag Blog.]

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07 August 2013

Lamar W. Hankins : Slipping Creationism into Texas Textbooks

Political cartoon by Kirk Anderson. Image from The Skeptical Teacher.
How Texas' Board of Education
will slip creationism into textbooks
Since a majority of the reviewers of the science texts are 'creationists' or proponents of 'intelligent design,' there can be little doubt that science education in Texas is under attack and our children will suffer...
By Lamar W. Hankins / The Rag Blog / August 7, 2013

SAN MARCOS, Texas -- Thanks to the Texas Freedom Network (TFN), those who care about science in education have learned how the religious right will slip creationism into Texas’s textbooks over the next year. The Texas State Board of Education (SBOE) has appointed six creationists to review science textbooks, along with five others whose views on creationism are not known.

The TFN promotes religious freedom and individual liberties against the agenda of the religious right. It is “a non-partisan, grassroots organization of more than 60,000 religious and community leaders” from throughout Texas.

Creationism, often referred to as “intelligent design” in its newer incarnation, is promoted by those who do not accept the scientific consensus that evolution explains the origin of life on the earth.

In 1962, when I began college at a small Methodist-related university, my biology teacher, while offering no apologies for teaching evolution as fact, also suggested that there was no inconsistency between belief in God and evolution. Belief in God is based on faith, the claims for which cannot be tested or verified. Evolution is based on science; that is, it is testable. Its predictions can be verified.

Evolutionary geneticist Jerry Coyne explains that science makes “observations about the real world that either support [a scientific theory] or disprove it.” Further, “a good theory makes predictions about what we should find if we look more closely at nature. And if those predictions are met, it gives us more confidence that the theory is true.”

The difference between evolution theory and “intelligent design theory” or “creationism,” as it was originally called, is that evolution is subject to testing and falsification. These faith-based theories are not. No one can test the belief that God created the earth and all of its inhabitants in six days 10,000 years ago. What we know is that the available empirical evidence establishes that organisms have existed on earth for 3.5 billion years.

Simply put, “intelligent design” cannot be tested by any scientific method. It is a belief that claims a supernatural entity designed complex organisms, such as human beings -- an inherently religious view that falls outside the sphere of science.

In 2005, the most extensive case involving “intelligent design” was concluded with a court finding that “intelligent design” is not science, but another name for “creationism.” The case, Kitzmiller v. Dover, was brought by parents in Dover, Pennsylvania, who objected to a decision by their school board to promote the teaching of intelligent design in their children's public school science classes.

The federal district court held that two different legal analyses of the facts, both used previously by the Supreme Court in judging such matters, led to the same conclusion -- teaching “intelligent design” (ID) in public schools violates the Establishment Clause of the First Amendment:
In making this determination, we have addressed the seminal question of whether ID is science. We have concluded that it is not, and moreover that ID cannot uncouple itself from its creationist, and thus religious, antecedent... As stated, our conclusion today is that it is unconstitutional to teach ID as an alternative to evolution in a public school science classroom...

The breathtaking inanity of the Board’s decision [to adopt the ID Policy] is evident when considered against the factual backdrop which has now been fully revealed through this trial. The students, parents, and teachers of the Dover Area School District deserved better than to be dragged into this legal maelstrom, with its resulting utter waste of monetary and personal resources.
Now the SBOE is heading in that same direction in Texas -- a direction it has been moving for decades in spite of the best efforts of educators, scientists, and the mainstream religious community. Textbooks to be used in Texas schools will be adopted in November. Since a majority of the reviewers of the science texts are “creationists” or proponents of “intelligent design,” there can be little doubt that science education in Texas is under attack and our children will suffer intellectually, and perhaps professionally, as a result of the religious beliefs of these reviewers.

To understand the importance of what is taking place now in Texas, one needs to know the process of textbook adoption. The TFN explains that “publishers are making changes to their textbooks based on objections they hear from the review panelists. And that’s happening essentially behind closed doors because the public isn’t able to monitor discussions among the review panelists themselves or between panelists and publishers.”

Because Texas is one of the major purchasers of textbooks nationally, students in most other states are affected by what happens in Texas. As TFN has noted, the public won’t learn about publishers’ changes to science textbooks until sometime in September. The process is so circumscribed that the names of the reviewers are not announced in advance and will not be made public until the changes are announced.

The Texas Freedom Network recently revealed the names and described the backgrounds of these six reviewers on the biology textbook review team. Following are edited excerpts of the TFN comments about each creationist reviewer:
  • Raymond Bohlin is Vice President of Vision Outreach for Probe Ministries in Plano and a research fellow for the Seattle-based Discovery Institute. The Discovery Institute promotes “intelligent design” over evolution. Founded in 1973, Probe works “to present the Gospel to communities, nationally and internationally, by providing life-long opportunities to integrate faith and learning through balanced, biblically based scholarship.” Bohlin has a doctorate in molecular and cell biology from the University of Texas at Dallas, making him a star performer for anti-evolution groups. He has edited an anti-evolution book. Probe and the Creation Science Hall of Fame (which has honored Bohlin for his creationist views by naming him a “Darwin Skeptic”) promote a fundamentalist, literal interpretation of the Bible’s creation story.

  • Walter Bradley is a retired Baylor University professor of engineering who coauthored a book, The Mystery of Life’s Origins in 1984, that essentially launched the “intelligent design” movement. Bradley, founding fellow of the Discovery Institute’s Center for the Renewal of Science and Culture, is also listed as a “Darwin Skeptic” on the Creation Science Hall of Fame website.

  • Daniel Romo is a chemistry professor at Texas A&M University and is listed as a “Darwin Skeptic” on the Creation Science Hall of Fame website.

  • Ide Trotter is a longtime standard-bearer for the creationist movement in Texas, both as a source of funding and as a spokesperson for the absurdly named creationist group Texans for Better Science Education. Trotter, listed as a “Darwin Skeptic” on the Creation Science Hall of Fame website, is a veteran of the evolution wars at the SBOE. He testified before the board during the 2003 biology textbook adoption and again in 2009 during the science curriculum adoption. In both instances, Trotter advocated including scientifically discredited “weaknesses” of evolution theory in Texas science classrooms. Trotter, who has a doctorate in chemical engineering, runs his own investment management company and served as dean of business and professor of finance at Dallas Baptist University. He claims that major scientific discoveries over last century have actually made evolutionary science harder to defend.

  • Richard White, a systems engineer in Austin, testified at an SBOE hearing on the proposed science curriculum standards on March 25, 2009. At the time, he advocated the inclusion of phony “weaknesses” of evolution in Texas science standards. White went on in his testimony to insist, illogically, that teaching the mainstream scientific consensus concerning evolution without also presenting its alleged “weaknesses” amounted to forcing religious dogma on students, even though evolution has nothing to do with religion and, thus, nothing to do with religious dogma.

  • David Zeiger is a seventh-grade teacher at a Christian private school in North Texas. He holds a biochemistry degree from the University of Texas at Dallas. In 2009 he and his wife, Heather, opposed removing from the state’s science curriculum standards the requirement that students learn about the so-called “weaknesses” of evolution. Creationists have used that requirement to insist that publishers include discredited arguments challenging evolution, such as supposed “gaps” in the fossil record.
The first public hearing on the textbooks will be held by the SBOE at its September 17-20 meeting in Austin. The TFN suggests that “if you want students to learn real science in their science classrooms -- not discredited creationist arguments that will leave them unprepared for college and the jobs of the 21st century -- then join thousands of Texans who have signed our Stand Up for Science petition here. The Texas Freedom Network will keep you informed about the textbook adoption this year and what you can do to stop anti-science fanatics from undermining the education of Texas kids.”

Sadly, petitioning is currently the only recourse available against the takeover of the Texas SBOE by religious fundamentalists. Electing people to the SBOE whose primary concern is education, rather than pushing their religious dogma, has not worked out well the last few election cycles for those who oppose the view that religious faith should guide everything that is taught in the public schools.

[Lamar W. Hankins, a former San Marcos, Texas, city attorney, is also a columnist for the San Marcos Mercury. This article © Freethought San Marcos, Lamar W. Hankins. Read more articles by Lamar W. Hankins on The Rag Blog.]

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