Too little, but not too late: Eric Holder begins to roll back the drug war

Drug Policy, Legal System
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More than forty years after the U. S. government launched the modern drug war, its highest-ranking prosecutor has tacitly admitted that it is a legal and moral failure:

In a major shift in criminal justice policy, the Obama administration moved on Monday to ease overcrowding in federal prisons by ordering prosecutors to omit listing quantities of illegal substances in indictments for low-level drug cases, sidestepping federal laws that impose strict mandatory minimum sentences for drug-related offenses.

Attorney General Eric H. Holder Jr., in a speech at the American Bar Association’s annual meeting in San Francisco on Monday, announced the new policy as one of several steps intended to curb soaring taxpayer spending on prisons and help correct what he regards as unfairness in the justice system, according to his prepared remarks.

Saying that “too many Americans go to too many prisons for far too long and for no good law enforcement reason,” Mr. Holder justified his policy push in both moral and economic terms.

At the risk of giving Holder too much credit, it is encouraging that he is not viewing his end-run around mandatory minimums for drug offenses in purely utilitarian terms: he recognizes the injustice of current laws which have contributed to the world’s highest incarceration rate. But it’s worth noting that these reforms follow the lead of several conservative Southern states, which have turned to treatment, diversionary programs, and early release for non-violent offenders as a way to relieve prison overcrowding. Texas, far and away the nation’s leader in executions, has experienced a steady drop in its prison population after adopting sentencing reforms aimed at rehabilitation instead of imprisonment, and is actually closing prisons it no longer needs.

Whether Holder’s proposed reforms will have a similar effect on federal prison populations remains to be seen. One caveat is that this does not represent any long-term reform of the actual mandatory minimum sentencing guidelines. Holder is simply using his prosecutorial discretion to not issue indictments that could lead to lengthy prison terms. The laws are still on the books and only Congress can change or repeal them. Should Obama or his successor appoint a more enthusiastic drug warrior, even this modest progress could be reversed. It’s also unclear who will qualify as a “low-level” drug offender. Your friendly neighborhood pot dealer may get lucky with this policy change, but it’s unlikely that purveyors of harder stuff will be unrelated “to large-scale organizations, gangs, or cartels” in the feds’ view.

But it’s a start. If President Obama wants to leverage the political capital he’ll gain from these reforms, he could take even more dramatic action to reduce prison populations by using his clemency powers to reduce the sentences of minor drug offenders. But as he has demonstrated throughout his time in office, Obama’s mercy for incarcerated Americans is quite limited.

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Hiroshima, Nagasaki, and the U.S. Terror State

War
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Being a U.S. war criminal means never having to say sorry. Paul Tibbets, the man who flew the Enola Gay and destroyed Hiroshima, lived to the impressive age of 92 without publicly expressing guilt for what he had done. He had even reenacted his infamous mission at a 1976 Texas air show, complete with a mushroom cloud, and later said he never meant this to be offensive. In contrast, he called it a “damn big insult” when the Smithsonian planned an exhibit in 1995 showing some of the damage the bombing caused.

We might understand a man not coming to terms with his most important contribution to human history being such a destructive act. But what about the rest of the country?

It’s sickening that Americans even debate the atomic bombings, as they do every year in early August. Polls in recent years reveal overwhelming majorities of the American public accepting the acts as necessary.

Conservatives are much worse on this topic, although liberals surely don’t give it the weight it deserves. Trent Lott was taken to the woodshed for his comments in late 2002 about how Strom Thurmond would have been a better president than Truman. Lott and Thurmond both represent ugly strains in American politics, but no one dared question the assumption that Thurmond was obviously a less defensible candidate than Truman. Zora Neale Hurston, heroic author of the Harlem Renaissance, might have had a different take, as she astutely called Truman “a monster” and “the butcher of Asia.” Governmental segregation is terrible, but why is murdering hundreds of thousands of foreign civilians with as much thought as one would give to eradicating silverfish treated as simply a controversial policy decision in comparison?

Perhaps it is the appeal to necessity. We hear that the United States would have otherwise had to invade the Japanese mainland and so the bombings saved American lives. But saving U.S. soldiers wouldn’t justify killing Japanese children any more than saving Taliban soldiers would justify dropping bombs on American children. Targeting civilians to manipulate their government is the very definition of terrorism. Everyone was properly horrified by Anders Behring Breivik’s 2011 murder spree in Norway – killing innocents to alter diplomacy. Truman murdered a thousand times as many innocents on August 6, 1945, then again on August 9.

It doesn’t matter if Japan “started it,” either. Only individuals have rights, not nations. Unless you can prove that every single Japanese snuffed out at Hiroshima and Nagasaki was involved in the Pearl Harbor attack, the murderousness of the bombings is indisputable. Even the official history should doom Truman to a status of permanent condemnation. Besides being atrocious in themselves, the U.S. creation and deployment of the first nuclear weapons ushered in the seemingly endless era of global fear over nuclear war.

However, as it so happens, the conventional wisdom is an oversimplification at best. The U.S. provoked the Japanese to fire the first shot, as more and more historians have acknowledged. Although the attack on Pearl Harbor, a military base, was wrong, it was far less indefensible than the attacks on Hiroshima and Nagasaki’s civilian populations.

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Hedy Lamarr Bet on the Wrong Horse

Business, Current Articles, History, Pop Culture, Science, Statism, Technology, War
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NakedHedwig

“Hedy stands naked in a field. She looks off-camera in dismay as her horse gallops away with the clothes she had draped over its back to take a dip in a woodland pond.”


That’s the opening line of my article “Putting Hedy Lamarr on Hold,” featured today in the Freeman.

I shared a draft with a writer friend of mine over the weekend. She is far more educated and literary than I am. She saw a parallel between the opening scene and the larger story that I confess I was not conscious of. I thought I’d just been going for sex appeal.

Here’s more of the opening:

She is not called Lamarr yet. That name will come later, in Hollywood. For now she is still Hedwig Kiesler, a Viennese teenager in Prague, playing her first starring role in a feature film, Ekstase (“Ecstasy,” 1933). The controversial Czechoslovakian film will become famous for Hedy’s nude scenes (which are not sexual) and its sex scenes (which show only her face, in close-up, in the throes of passion).

The film will give Hedy her first taste of fame. She will be known as the Ecstasy girl. An Austrian director will tell the press, “Hedy Kiesler is the most beautiful girl in the world.” Later, MGM movie mogul Louis B. Mayer will repeat the claim, using the name he insisted she change to: Hedy Lamarr.

But while the world of her time will remember her for her photogenic beauty, history will remember her as the inventor of frequency hopping, the foundational technology of today’s mobile phones and wireless Internet. [FULL ARTICLE]

FreemanHedyThe piece goes on to explain how Hedy invented frequency-hopping spread spectrum during World War II and why it took so long for that invention to usher in the wireless Internet age. Short answer: the government kept the technology secret for decades. Not only did Hedy Lamarr not see a cent from her invention; she didn’t even get credit for it until the end of the century.

So here’s what my writer friend said:

The more I think about it, the movie image you start with — Hedy looking at her runaway horse and thinking, ok now what? is exactly what you describe in your title: Hedy Lamarr on hold. She’s on hold in the movie (for a moment, I guess — given the movie title, I imagine that she’s not alone for long) and then her invention is on hold for a much longer time. … A Hollywood starlet and inventive genius who made millions in the market surrendered her most innovative idea to Leviathan, who stifled it. And she did so, ironically, because of a lack of imagination on her part — a naive faith that the state would protect and serve its citizens.

(By the way, I’m especially pleased that FEE decided not only to feature my article but also to use the image I put together for it!)

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Stamping Out Dissent

Democracy, History, The Left, The Right
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NewMarianneStampMy fixation on female national personifications continues:

Socialist president François Hollande has successfully courted controversy in his Bastille Day announcement of a new national postage stamp.

Since 1944, each new French president has chosen a new illustration for France’s postage stamps — always an image of Marianne, the Phrygian-hat-wearing feminine symbol of the French Republic (the way the UK has Britannia and the US used to have Columbia before Uncle Sam elbowed her aside).

"I decided following my election," said Hollande, "that the Republic’s new stamp would have the face of youth, that it would be created by youth, and that it would be chosen by youth."

Chosen by youth? Check. The design was chosen from a list of 15 finalists "preselected by a jury that included schoolchildren." (The French, by the way, are very candid about the importance of the French school system for indoctrinating children. They are much more comfortable with the idea than most Americans seem to be. French schools must instill "republican values." This is what always comes up in discussions of homeschooling and laws against Muslim girls wearing veils.)

Created by youth? Maybe. The stamp was designed by 34-year-old French artist and gay-rights activist Oliver Ciappa, who says the new stamp "blends elements of Renaissance art, French comics, Japanese manga, and US animation from the 1950s."

Face of youth? Previous models for Marianne have included Brigitte Bardot and Catherine Deneuve. Hollande and Ciappa decided to go a different direction. And this is what is causing the controversy. The new Marianne is inspired by 23-year-old Inna Shevchenko, a leader in the Ukrainian feminist protest group called FEMEN.

Shevchenko has just been granted political asylum in France.

According to the Atlantic,

The flamboyant activist ran afoul of Ukrainian authorities after cutting down a cross with a chainsaw in central Kyiv, wearing only skimpy shorts, in support of jailed members of the Russian punk feminist collective Pussy Riot.

"It’s great to enter history in this manner," said Shevchenko. "But the nicest part of it is that now every time a homophobe, a fascist, or an extremist in France wants to send a letter by mail, he will have to lick Femen’s [backside]." (The BBC reports that she used a much ruder word than "backside." My francophone wife guesses that Shevchenko really said cul.)

The US Postal Service has had its share of stamp controversies. Thin Elvis versus fat Elvis comes to mind. But it seems like the French president is deliberately seeking to provoke a large segment of the French population — the ones who didn’t vote for him.

Thomas Jefferson, a supporter of the French Revolution and a fan of the French Republic at a time when American republicans were divided on the question of France, famously wrote,

To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical.

I guess we should not be surprised that a Socialist president would beg to differ. So would almost all American politicians.

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Was the Statue of Liberty a gift from the people of France?

History
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LadyWithAPastWhile visiting France recently, I posted to my blog about seeing Lady Liberty in Paris. I’m afraid I offhandedly gave a bit of false history in that post: on the subject of the Statue of Liberty I wrote, “The one in New York Harbor was a gift from the French government, so I can imagine Parisians consider Lady Liberty to be as much a French symbol as an American one.”

But the statue was not, in fact, a gift from the French government. I believe my mistake is based on a 20th-century reading of a 19th-century idiom.

The National Park Service, which maintains the monument, makes the claim I learned in grammar school: “The Statue of Liberty Enlightening the World was a gift of friendship from the people of France to the people of the United States.…”

To quote Max Borders from the Freeman, “There is probably no greater threat to real community than the conflation of community with State power.”

And yet that conflation surrounds us. I certainly grew up with it as a common refrain in my schooling. Most of the time when the teacher said “the people,” she meant the state.

Really, how can “the people of France” give anything to anyone? I just assumed it was the standard rhetorical trick, using the people as a euphemism for the government.

The real history turns out to be much more interesting. According to Lady with a Past by Elizabeth Mitchell, the statue’s designer, Frédéric Auguste Bartholdi, wanted wealth and world renown for building a celebrated colossus, and he was willing to shop the idea around. He was not a fan of the American people and wasn’t even particularly devoted to the idea of liberty: “The Americans believe that it is Liberty that illumines the world, but, in reality, it is my genius.”

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