The Clarion Call Of Gideon’s Trumpet

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images5thumbnail1.thumbnail.jpegA few days ago, on March 18, fell the 46th anniversary of a momentous day in American jurisprudence, the day the decision in Gideon v. Wainright was rendered. Prior to Gideon, criminal defendants in the United States had a right to be represented by counsel, but not the right to have counsel appointed if they could not afford their own attorney. It was a watershed moment of enlightenment that is worthy of a fresh look.

Clarence Gideon was wrongly charged with breaking and entering a pool hall that had been burglarized, all based on a false accusation. Gideon was a poor man who lived in a rooming house and literally had but $25 to his name. From Wiki:

He appeared in court and was too poor to afford counsel, whereupon the following conversation took place:

The COURT: Mr. Gideon, I am sorry, but I cannot appoint Counsel to represent you in this case. Under the laws of the State of Florida, the only time the Court can appoint Counsel to represent a Defendant is when that person is charged with a capital offense. I am sorry, but I will have to deny your request to appoint Counsel to defend you in this case.

GIDEON: The United States Supreme Court says I am entitled to be represented by Counsel.

Gideon was forced, therefore, to act as his own counsel and conduct a defense of himself in court, emphasizing his innocence in the case. Nevertheless, the jury returned a guilty verdict, sentencing him to serve five years in the state penitentiary.

From his prison cell at Florida State Prison, making use of the prison library and writing in pencil on prison stationery, Gideon appealed to the U.S. Supreme Court in a suit against the Secretary to the Florida Department of Corrections, Louie L. Wainwright. He argued that he had been denied counsel and, therefore, his Sixth Amendment rights, as applied to the states by the Fourteenth Amendment, had been violated.

But what the Supreme Court gave in Gideon is under an attack that is destroying one of the tenets of the modern due process guarantee in the American criminal system. In a chilling opinion piece in the March 10, 2009 Washington Post, former Vice-President Walter F. Mondale, who as Minnesota Attorney General participated along with AGs from 21 other states in amici support of Gideon’s demand for appointed counsel, details just how far the nation has regressed:

Yet states across the country routinely fail to appoint Read more →

Two BIFFOs Celebrate St. Paddy’s Day

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Given that today is St. Paddy’s Day, I thought I would remind you all of the cutting edge journalism I provided last May when I reported from the home of Barack Obama’s Irish forebears, Moneygall, County Offaly. (Obama’s hometown paper is just now catching up and they don’t even have such a swell photo, taken by my father-in-law with the bustling metropolis of Moneygall in the background.)

As I reported then, Offaly is not only mr. emptywheel’s home county, but also the home of Ireland’s Taoiseach (pronounced "Tea-shack"), Brian Cowen. 

There’s a slur used for Offaly men in Ireland (Cowen is, as I understand it, sort of proud of it): BIFFO, or, "Big Ignorant Fucker from Offaly). 

As luck would have it, the BIFFOs running both countries of which I am a citizen got together today and–just now catching up the cutting edge reporting I did last May–they spoke of their mutual ties to Offaly.

PRESIDENT OBAMA: Hello, everybody. Happy St. Patrick’s Day.

I just want to say that we are incredibly honored to have the Taoiseach here, and his entire team. This is an affirmation of one of the strongest bonds between peoples that exist in the world. You know, when you think about the history of Ireland and the enormous impact it has had on our own history, and the fact that you’ve had people from Ireland who have shed blood on behalf of this country’s independence and its freedom, that it has had probably as much impact on our culture and our traditions as any country on earth.

The bond and the friendship that is felt between the United States and Ireland is something that I think everybody understands, but as the Taoiseach just mentioned, we can’t take for granted and we have to continually build upon.

And so this visit gives us an opportunity to talk about some of the very important bilateral issues that we face; also to talk about some of the global issues that both the United States and Ireland want to take leadership in. We are grateful for the lasting friendship that exists between us.

I, personally, take great interest on St. Patrick’s Day because, as some of you know, my mother’s family can be traced back to Ireland — and it turns out that I think our first Irish ancestor came from the same county that Taoiseach once represented. Read more →

Getting Their Kicks: The American-Saudi Go Around Come-Around

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Despite a decent amount of negativity roiling around the socio-political scene lately, on a fine Saturday night right here in the ole USA, this gives me a lot of heart somehow:

Then, with a scream of revving engines, it begins: a yellow Corvette and a red Mitsubishi go head to head, racing down the road at terrifying speeds, just inches apart. Shouts go up from the sidelines, and another pair of racers shoot down the road, and another.

This may be the most popular sport of Saudi youth, an obsessive, semilegal competition that dominates weekend nights here.
…
For Saudi Arabia’s vast and underemployed generation of young people, these reckless night battles are a kind of collective scream of frustration, a rare outlet for exuberance in an ultraconservative country where the sexes are rigorously segregated and most public entertainment is illegal. They are, almost literally, bored out of their minds.

“Why do they do it?” … “Because they have nothing else to do. Because they are empty.”

Despite all the shrieking of teh military-industrial class, the iron curtain fell and the cold war subsided because of information, lifestyle and ethos penetration into the supposed enemy. Thing was, they were not the enemy, they were people just like us. And so the walls came down. The Rolling Stones, Beatles and Beach Boys had as much, if not far more, to do with the victory as military might (not to mention the start of the internet and satellite teevee).

The United States government and tunnel visioned world press were too slow to figure out what was really up the first time, and lo and behold, they are biting off on the same steel fisted bunk again. It is cultural progression that is softening the underbelly of yet another clash of the civilizations. Who’d a thunk it? Who will realize it?

Then the car leaps forward, accelerating furiously, and breaks into a sudden skid, spinning around, nearly colliding with a concrete barrier and leaving thick black marks on the pavement. A stifling smell of burnt rubber hangs in the air.

It is not the bombs. It is La Bamba.

Louisiana Gubernatorial Sitcom

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Graphic by Twolf
Graphic by Twolf

I tell you what, those Republicans may not have squat for rational ideas, but they sure have some humor. Heck, it was less than two days ago we were watching Crockett and Tubbs Steele and Boner in "DC Vice". Fear not intrepid viewers, these jokers are bringin da funny all over. Our latest episode involves that wacky character Urkel Jindal, Governor of Louisiana. From Yahoo/Politico:

Louisiana Gov. Bobby Jindal announced Friday that he will decline stimulus money specifically targeted at expanding state unemployment insurance coverage, becoming the first state executive to officially refuse any part of the federal government’s payout to states.

In a statement, Jindal, who is slated to give the Republican response to President Barack Obama’s message to Congress on Tuesday, expressed concern that expanding unemployment insurance coverage would lead to increased unemployment insurance taxes later on.

Wow, the fine folks in Louisiana must find this hilarious since most governors are constantly scrapping to get their states funding they are in dire need of. And, as you may have heard, there are needs in Louisiana, part of Katrina ground central. Too bad they no longer have Dollar Bill Jefferson around to keep that stimulus money on ice.

What the hell though, life must be a hoot in a state run by a guy named Piyush who changed his name to Bobby because he identified with a character on the Brady Bunch. Personally, I don’t get it. He looks like Urkel to me.

[Awesome graphic by Twolf!]

Down On The Border: State Of War In Mexico

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Via Laura Rozen comes reference to a chilling piece by Sam Quinones in Foreign Policy on the drug smuggling violence that has escalated to a total state of war rivaling levels in Iraq.

There are so many hot spots for attention these days – Iraq, Afghanistan, Pakistan, Gitmo, not to mention the ops that are being run on US citizens by their own government as a result of the Bush/Cheney decision to gin up a military rationale for surveillance domestically – that it is easy to forget what is going on just across the border. Easy, at least, until you take in Sam Quinones’ tale:

That week in Monterrey, newspapers reported, Mexico clocked 167 drug-related murders. When I lived there, they didn’t have to measure murder by the week. There were only about a thousand drug-related killings annually. The Mexico I returned to in 2008 would end that year with a body count of more than 5,300 dead. That’s almost double the death toll from the year before—and more than all the U.S. troops killed in Iraq since that war began.

But it wasn’t just the amount of killing that shocked me. When I lived in Mexico, the occasional gang member would turn up executed, maybe with duct-taped hands, rolled in a carpet, and dropped in an alley. But Mexico’s newspapers itemized a different kind of slaughter last August: Twenty-four of the week’s 167 dead were cops, 21 were decapitated, and 30 showed signs of torture. Campesinos found a pile of 12 more headless bodies in the Yucatán. Four more decapitated corpses were found in Tijuana, the same city where barrels of acid containing human remains were later placed in front of a seafood restaurant. A couple of weeks later, someone threw two hand grenades into an Independence Day celebration in Morelia, killing eight and injuring dozens more. And at any time, you could find YouTube videos of Mexican gangs executing their rivals—an eerie reminder of, and possibly a lesson learned from, al Qaeda in Iraq.

This is neither new nor isolated. When I was younger, I used to go down to Tijuana, it was a great time. It really was easy and fun; what Chinatown was to LA, Tijuana was to San Diego. No longer is even the formerly relatively civil Tijuana docile and appropriate for casual strolling about. Long ago, back in the sixties, on our way back to Read more →

Why GM Matters: Inside the Race to Transform an American Icon

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Why GM Matters

Why GM Matters

[As I indicated yesterday in the post "Why American Industry (And Its Future) Matters", we have the privilege of having author William J. Holstein today at Emptywheel and Firedoglake. Mr. Holstein has a long and rich history as a journalist and author. Most importantly for today, he has plunged into the history and ethos of General Motors and produced an incredible work detailing just how critical General Motors, the American auto industry, and American industry itself is to the United States economy and way of life.

As Michael Fitzgerald observed at bnet.com, "Holstein is using GM as a symbol for whether it makes sense for the U.S. to bother with manufacturing. That might sound odd for a country that for now probably remains the world’s largest manufacturing economy. But Holstein argues that our political and financial leaders don’t get manufacturing, and don’t think it’s important. This is the crux of the Main Street vs. Wall Street debate, and it is shaping up as the core fight of economic policy over the next few years: do we get a justifiable return if we invest in making things, or should we focus on information-driven innovation?"

I think that is right. Since we cannot layout the entire book in the intro here, Bill and I decided to focus on the emerging technology, and specifically battery/electric technology, and the new product lines, that GM is producing. With that said, what follows are prepared remarks in that regard by Bill Holstein. Take a look, and then join us in discussion. I am looking forward to the best and brightest that inhabit our little corner of the world participating in and driving this. Oh, and visit Bill anytime at his blog WilliamJHolstein.com Also, I heartily recommend purchasing his book, it is a fascinating look into a critical issue of our time, not to mention a great read. – bmaz]

*****
By: William J. Holstein:

It’s time to cut through all the nonsense about General Motors “not making cars that Amrericans want to buy.” The truth is that GM has seized design and performance leadership over its longtime nemesis, Toyota. Toyota’s cars these days resemble appliances, i.e. refrigerators on wheels. They don’t break, but they hardly inspire.

In terms of their physical appearance, GM vehicles have real attitude. The new CTS has a very bold and aggressive front end that designer John Manoogian came up with at the last moment. He and his team decided to take the V-shape that used to stop at the bumpers and let it plunge below the bumpers toward the ground. They also inserted grilles on the right front panels merely for decorative purposes. That nearly drove the engineers crazy because of the challenge of stamping a piece of sheet metal with an odd hole in the middle of it. But they did it. At first, the competition could not believe that GM had figured out how to achieve that.

Read more →

Toyota Sings The Mercury Blues

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As the Republicans in Congress, most notably the Senate, fixate on emasculating the stimulus package, stripping it and the country of hope for success in heading off the economic death spiral we are witnessing, I want to return to another recent example of the un-American activities and bent of the Republican Caucus of legislative geniuses. I refer to this same group’s actions and illogic in relation to the American Auto manufacturer bridge loan issue that roiled little more than a month ago and still percolates near the surface of our economic woes.

Remember how Richard Shelby, Bob Corker and a pack of GOP loons made their bones by preening against the American auto industry and trying to cram American autoworker and union wages down to, and below, the level of foreign transplant wages? Of course you do because you remember the big Republican "Lizard Lie" on the myth of the $73/hr wage rate. It was all predicated on the supposed superiority of the foreign automakers. The Republicans literally were willing to make the American auto industry grovel and beg, and even talk about killing them outright, based on their claims of the superiority of the foreign automakers.

So how are those vaunted foreign automakers, that are so much more brilliant and perfect than GM and the other American manufacturers, doing these days? Well let’s check in on Toyota, which along with Honda is the supposed gold standard to the lizard brained GOP. From the New York Times:

Toyota, the world’s largest automaker, said Friday that it expected to suffer a loss this year, thanks to rapidly declining sales around the world, especially in the United States. The company is expecting its first full-year operating loss since 1937 — 350 billion yen ($3.9 billion) — more than double its previous forecast.

The company’s 2008 fiscal year ends on March 31.

It widened its forecast for an operating loss on its main automotive business to 450 billion yen, or $5 billion, attributing the larger loss to both steep declines in global auto sales and strong gains by the Japanese currency, the yen, which lowers the yen-denominated value of overseas earnings.

Ouch; not so good.

So, times are bad for even the precious to the GOP Toyota, just like GM. So what kind of implications does this news portend for Toyota’s short and long term future? Ah, glad you asked:

“Toyota is going to Read more →

Rick Warren and Invoking Teh Inauguration

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As you may have noticed, a small war has erupted at the mothership over the nature of the invocation at Obama’s inauguration on January 20, 2009. Specifically, whether or not it is appropriate for Obama to have Rick Warren participate. The general FDL position is that it is not appropriate to have Warren participate because he is a discriminatory bigot, to the LGBT community, and others.

I agree wholeheartedly with this position. But I have a more fundamental question.

Why is any of this, Warren, Lowery, or any other religious figure, an official part of the inauguration? If a religious aspect is desired for private parties later etc., fine, but why should overt religion be sanctioned as part of the official initiation of a Presidency? No matter how it is configured, it is going to be offensive to many groups inherently; i.e. those whose religions are snubbed, and those such as the LGBT community, for instance in relation to Warren. Probably some groups somewhere will be similarly put off by Joe Lowery; and, of course, the non-believers and/or atheists don’t like any of it.

"America" should not have a preacher. If individuals wish to consider religion vis a vis their government, that is most excellent, but it should be and by individual choice only. God is not for a nation to possess, nor claim the mantle of; that is the province of the individuals in the nation to do, or not do, on their own.

Why is this part of the official inauguration? There is no need to have the new government sanctioned by religion from the get go. The new President, President Obama, will serve and represent all Americans, of all stripes, colors and beliefs; excluding and alienating so many at the outset seems antithetical to the spirit, even if not the letter, of Constitutional separation of church and state, equal protection and inclusion.

Invoke the spirit of the Constitution instead of of having an invocation at the Inauguration.

Baseball, Hot Dogs, Apple Pie and Chevrolet

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George Bush has joined the malodorous southern Republicans in their heinous attempt to drive US automakers into bankruptcy. From the Washington Post:

An "orderly" bankruptcy may be the best way of handling the struggling U.S. auto industry, President Bush indicated today as he spoke before the American Enterprise Institute, a conservative Washington think tank. However, he said he hasn’t decided what action he will take, the Associated Press reports.
…
Perino said: "The president is not going to allow a disorderly collapse of the companies. A disorderly collapse would be something very chaotic that is a shock to the system."

Bush and the American auto killers are flat out determined to drive the country to ruin and kill the last remaining hard industry the nation has, it appears. And they are able to do so because so much of the country is ill informed to completely uninformed about the real nature of American auto.

In the previous post, Marcy described how Bill Ford schooled Larry King on the truth about Ford Motor Company and the backup credit line they wish to have available should it be necessary. Well, now I am here do a little edifying about General Motors.

Remember all that bashing administered by Richard Shelby, Bob Corker, Jim DeMint and so many other union busting types about "the failed business model", the "backwards out of date products", and the failure to transform to a company for the future? It is hard to tell whether this is a knowing lie or just rank ignorance. Time to school the foreign coddling, un-American, Dixie union and industry busters; a southern man doesn’t need them around anyhow.

First off, that plan for a profitable and sustainable future with progressive products that the Congress keeps demanding? It is already in progress; and, hey Republican nimrods, it has been for almost four years, since 2005. The following information bits are excerpted from various GM information releases forwarded to me by a senior executive at General Motors headquarters.

As to the need to shift from huge SUVs and large trucks and towards efficient cars and smaller crossover vehicles, GM is already doing that:

Eleven of our last 13 new or major launches in the U.S. were cars or crossovers.

Take the Chevy Malibu, for example, which has won 29 industry awards so far, including the 2008 North American Car of the Year. And consumers are reacting with enthusiasm… as Read more →

Okay, Okay, Invade Michigan. But You Can’t Have the Coaches Back.

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John Cole has found a solution to the Big 2.5’s woes–and frankly, it sounds a whole lot smarter than Bob Corker’s plan to require two corporations to revoke the pensions of a bunch of blue collar retirees. And he’s right–the Republicans are gonna love this plan.

His solution? Invade Michigan, make it safe for democracy again.

We need to invade Michigan and rebuild the state from the ground up. We will be greeted as liberators, we have clear supply lines, and we can easily rebuild the auto industry with the kind of money we spend on other countries we invade. Hell, our new Secretary of State, Hillary of Clinton, spent the better part of the past year fighting for the rights of average folks from Michigan, so think of the good will we have with the public. This is very doable. Just tell Congress we will give KBR no-bid contracts to fix Detroit.

Thing is, I’m a little suspicious of John’s motives. You see, John’s from West Virginia, and he’s a sports fan. 

I just have this awful feeling that John’s great plan is really a plot to come to Michigan and steal back the two coaches we stole from West Virginia, hoops coach John Beilein and football coach Rich Rodriguez. Sure sure, Rodriguez hasn’t yet worked out like we’d like. But Michigan’s basketball victory over Duke is one of the only good things that has happened to Michigan of late (I mean, think of the Lions!!), and I’m just not willing to give Beilein back.

So, fine. If you must, invade Michigan. Please bring bales of cash, just like they did in Iraq.

But you can’t have our sports coaches.