Scalia’s thought process: “Well, he probably did something else wrong anyway.”

Way back in 1989, I happened to be watching Episode Two of a PBS series entitled "Ethics in America." It was a terrific 10-part series that considered compelling topics in ethics. Supreme Court Justice Antonin Scalia was a participant in Episode Two. You can see all of the episodes, including Episode Two here (click on the little "VoD" button next to Episode 2). You might be wondering how I could possibly remember a particular comment from a particular episode from 20 years ago. I do remember: it was burned into my memory because it was so utterly bizarre. At about the 31-minute mark, the moderator (Charles Ogletree, Jr.) posed a hypothetical. What if you were an attorney and your client told you that he committed a murder a couple years ago? The clear answer is that the attorney-client privilege protects that admission; if you were that man's attorney, you could not tell anyone else what your client told you in the course of your consultation with him. Things got much more interesting, as the moderator elaborated on the hypothetical. Assume that your client tells you that after he committed the murder, the police erroneously arrested the wrong man. Further, assume that man has been found guilty by a jury and he is scheduled to be executed. As the attorney, what can you do to protect the life of an innocent man who is about to be executed for a crime committed by your own client who is confessing his guilt to you? This is a tough issue, right? At the moment where the moderator indicated that the innocent man was about to be executed for a crime he didn't commit, Justice Scalia spoke up: "Well, he probably did something else wrong anyway." You can see and hear this statement for yourself at 31:50 in the video. Although I'm certain that Justice Scalia would claim that his utterance was a "joke," (after all, other participants laughed), it makes you wonder, especially in light of a recent case decided by the United States Supreme Court, In re Davis.

Continue ReadingScalia’s thought process: “Well, he probably did something else wrong anyway.”

U.S. Supreme Court to decide whether Corporations have the same First Amendment rights as individuals.

On September 4, 2009, Bill Moyers hosted Trevor Potter, president and general counsel of The Campaign Legal Center (and former chairman of the Federal Election Commission), and Floyd Abrams, a First Amendment attorney. You can view the entire discussion here. The topic is whether longstanding federal election laws should be held unconstitutional so that corporations can freely spend unlimited amounts of money (e.g., in the form of movies, books, and other private initiatives) in order to directly affect the outcome of federal political campaigns. The case is Citizens United v. The Federal Election Commission. Many legal commentators are suggesting the Supreme Court has already suggested that it leaning in favor of the corporations on this issue. And we can almost guarantee how Chief Justice John Roberts is going to vote on this issue (and see here). I highly recommend viewing this discussion. I thought that Abrams looked very much like a man who was being paid big money to take position he knew to be reprehensible. On the other hand, Trevor Potter is taking a position that looks out for people like you and me. I realize that powerful corporate interests have already made puppets out of Congress, the SEC, the FDA and many other federal agencies (see these recent examples regarding tobacco legislation and the rejection of the bankruptcy cram-down option). With this as the context, I believe that Citizens United boils down to a simple question: Should our government be at least somewhat run by ordinary people or should corporate money flow even more freely at election time (much more than it flows already), allowing our federal government to be taken over entirely by powerful corporations driven almost entirely by the profit motive? Here are a few excerpts from Moyers’ discussion with Potter and Abrams:

TREVOR POTTER: This is a case about corporate money. If this case is won by the corporation, we will be in the ironic situation where corporations will have no limits on what they can spend in elections and unions still will. So, it's important to remember we're talking about corporations. Corporations exist solely to make money. Amassing economic power. They want, if they could get it out of government, monopolies. They want the ability to defeat their competitors. And if they can use government to do that, they will. Individuals have a whole range of interests. Individuals go to church, they care about religious and social issues, they care about the future of the country. They're voters.

So, they have a range of issues at stake that corporations don't have. Corporations just want to make money. So, if you let the corporation with a privileged economic legal position loose in the political sphere, when we're deciding who to elect, I think you are giving them an enormous advantage over individuals and not a healthy one for our democracy. . . . [C]orporations have a different status. And they ought to be focused on the economic marketplace and not the political marketplace.

FLOYD ABRAMS: You're opening the faucet, so to speak, so that more speech can occur. I don't think it's a can of worms to say that corporations, and it is unions as well, ought to be able to participate in the give and take of the democratic processes in the country. From my perspective, at least, the notion of saying that corporations and unions should be out of the picture either because they're too powerful, or because of the way their money has been created, is so inconsistent with the sort of First Amendment approach that we take in everything else, where we say over and over again, we don't care who the speaker is, we don't care where the speaker's coming from. And speech, we think, is, as a generality, a good thing . . .

BILL MOYERS: But we're not talking about free press issues here. We're talking about the power of an organized economic interest to spend vast sums of money that individuals can't spend . . . Would you disagree with the claim that big business dominates the political discussion today? Whether it's the drug industry or the health insurance industry? Big business is the dominant force in Washington. I mean, I see that as a journalist . . . we're not talking about free press issues here. We're talking about the power of an organized economic interest to spend vast sums of money that individuals can't spend.

It is important to deny powerful profit-seeking organizations the right to skew federal election results even more than they do currently. If the Supreme Court goes the wrong way on this issue, it would even make a mockery out of clean-money initiatives, such as this plan being promoted by Common Cause and this plan by Public Citizen.

Continue ReadingU.S. Supreme Court to decide whether Corporations have the same First Amendment rights as individuals.

An alternative to paranoia regarding the safety of your children: Free Range Kids

Remember the woman who was criticized for allowing her highly competent 9-year old boy find his way home on the Manhattan subway? Her name is Lenore Skenazy. She's a syndicated columnist and she's not retreating a single inch. She has created a website called Free Range Kids. In April, 2009, she published a book called Free-Range Kids: Giving Our Children the Freedom We Had Without Going Nuts with Worry. Here's how she sums up the widespread American problem:

Somehow, a whole lot of parents are just convinced that nothing outside the home is safe. At the same time, they’re also convinced that their children are helpless to fend for themselves. While most of these parents walked to school as kids, or hiked the woods — or even took public transportation — they can’t imagine their own offspring doing the same thing. They have lost confidence in everything: Their neighborhood. Their kids. And their own ability to teach their children how to get by in the world.

Lenore reminds us to consider our own "dangerous" childhoods when thinking of extending your own child's leash--and she has drawn hundreds of lively comments. What is general solution?

We do NOT believe that every time school age children go outside, they need a security detail. Most of us grew up Free Range and lived to tell the tale. Our kids deserve no less. This site dedicated to sane parenting . . .

I started this site for anyone who thinks that kids need a little more freedom and would like to connect to people who feel the same way. We are not daredevils. We believe in life jackets and bike helmets and air bags. But we also believe in independence. Children, like chickens, deserve a life outside the cage. The overprotected life is stunting and stifling, not to mention boring for all concerned. So here’s to Free Range Kids, raised by Free Range Parents willing to take some heat. I hope this web site encourages us all to think outside the house.

This is a well-considered site with lots of ideas for tempering our paranoia about child abductions and sexual predators. Here are a few additional Free Range Children stories that I recommend from Lenore's site:

The end of the Super-Mom Era.

How cell phones can stunt your children's emotional growth.

Here's another article detailing the subway adventure. And here's Lenore's three-minute video describing her approach.

Continue ReadingAn alternative to paranoia regarding the safety of your children: Free Range Kids

Guess this author

The more things change, the more they stay the same, it seems. See if you can guess who authored this quotation on capitalism vs. socialism: (all emphases are mine)

The economic anarchy of capitalist society as it exists today is, in my opinion, the real source of the evil. We see before us a huge community of producers the members of which are unceasingly striving to deprive each other of the fruits of their collective labor—not by force, but on the whole in faithful compliance with legally established rules. In this respect, it is important to realize that the means of production—that is to say, the entire productive capacity that is needed for producing consumer goods as well as additional capital goods—may legally be, and for the most part are, the private property of individuals. For the sake of simplicity, in the discussion that follows I shall call “workers” all those who do not share in the ownership of the means of production—although this does not quite correspond to the customary use of the term. The owner of the means of production is in a position to purchase the labor power of the worker. By using the means of production, the worker produces new goods which become the property of the capitalist.

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Subcontracting war

New reports cast more doubt on the use of private contractors in a war zone. CNN is reporting that the watchdog group Project On Government Oversight (POGO) briefed reporters and sent a letter to Secretary of State Hillary Clinton about widespread hazing incidents allegedly taking place at the U.S. Embassy in Afghanistan.

POGO says two weeks ago it began receiving whistleblower-style e-mails, some with graphic images and videos, that are said to document problems taking place at a non-military camp for the guards near the U.S. diplomatic compound in Kabul. "This is well beyond partying," said Danielle Brian, POGO's executive director, after showing a video of a man with a bare backside, and another man apparently drinking a liquid that had been poured down the man's lower back.
These latest allegations are about ArmorGroup, a British company that was formed in 1981. These types of companies have seen exploding rates of growth since the start of the Iraq war as more and more functions that have been traditionally assigned to the military have been outsourced to private security companies. In 2004 it was reported that there were over 180 private companies providing services in Iraq. This massive deployment has skewed traditional warfighting:
In the first Gulf War 15 years ago, the ratio of private contractors to troops was 1 to 60; in the current war, it's 1 to 3. In fact, the private sector has put more boots on the ground in Iraq than all of the United States' coalition partners combined. One scholar, Peter Singer of the Brookings Institution, suggests that Bush's "coalition of the willing" would be more aptly described as the "coalition of the billing." Those bills are in the billions and rising.

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