Politics, open government, and safe streets. And the constant incursion of cycling.

Category: Law Page 9 of 27

Time for a Better Cuba Policy

Sounds like Obama’s going to take some steps in the right direction with respect to the US’s policy on Cuba:

At today’s daily White House briefing, White House Spokesman Robert Gibbs will announce that the administration will lift travel, remittance, mail and business restrictions relating to the Communist nation of Cuba.

The changes will allow unlimited visits to family members on the island as well as unlimited remittances — the cash recent immigrants to the U.S. send to relatives back home. President Bush imposed stricter restrictions on both in 2004.

Well past time for this.

Update: Steve Clemons gets at what almost immediately bothered me about this policy change.  First, opening up travel only to Cuban-Americans is a necessary, but insufficient step, towards a better Cuba.  Second, creating a right (in this case, to travel to Cuba) based on ethnic origin (especially when it is not aimed at correcting a situation related to it)?  A really poor idea.

Is *This* the Veterans Administration’s Solution to Its Own Poor Performance?

You really have to wonder what sort of world someone lives in that makes this make sense:

Last Tuesday night, [David Schultz, a reporter with Public Radio station WAMU] was covering a public event at the V.A. Hospital in Washington, D.C. While interviewing one of the veterans about the poor treatment he was receiving at the hands of the V.A., Ms. [Gloria] Hairston demanded that Schultz stop recording the interview and hand over his recording equipment.

“She said I wouldn’t be allowed to leave,” Schultz tells WTOP.

At first he refused. But after being surrounded by armed police officers who stood between him and the exit, he looked for a compromise.

“I became worried that I was going to get arrested,” Schultz says.

Schultz convinced Hairston that all she really needed to confiscate was the memory card to his recorder, rather than all of his equipment. While this was going on, many of the veterans from the meeting had come out to watch the confrontation.

One of those veterans, an amputee in a wheelchair, approached Schultz and asked him for his phone number.

“I started to give it to him and then the woman {Hairston} became irate, she said you can’t give him your phone number. You have to give me all of your equipment or I’m going to get ugly. She used the phrase ‘get ugly,'” Schultz says,

Like any good reporter, Schultz stood his ground and called his boss for direction. Longtime newsman Jim Asendio is the news director for WAMU.

“I told him to give them the flash card and get out of there,” Asendio says. “I didn’t want this to get out of hand.”

Schultz reluctantly handed over the memory card from his recorder.

This happened Tuesday.  So, by Friday, we’ve got a quick apology for a gross mistake, right?

Unfortunately, WAMU has been unsuccessful in retrieving the memory card which remains in the hands of the federal government.

“Our lawyers are working on that,” Asendio says.

On Thursday afternoon, Asendio hand-delivered a letter from WAMU’s general manager to the V.A Hospital demanding the return of the memory card. When he tried to deliver a copy of the letter to V.A. headquarters, he was turned away.

[ . . . ]

Hairston refused to answer any questions about the incident when reached by phone Thursday afternoon.

“I’m going to take your query and move it up the ladder,” she said. “I’m going to send it over to the central office.”

The central office is the V.A. headquarters. Calls and e-mails to Phil Budahn, director of media relations for the Department of Veterans Affairs, also went unreturned.

“I’m guessing nobody’s called you back,” was Budahn’s only comment when reached late Thursday.

Gloria Hairston needs to be fired.  And the Veterans Administration needs to take a hard look at both its public relations operation, as well as whoever it’s letting walk around armed inside its facilities.  It’s pretty obvious that some of them lack the judgment you’d want from someone with a gun.

Sarah Cox, a public affairs specialist at the hospital, was reluctant to answer any basic questions about Hairston including the correct spelling of her name or the length of her employment.

Obama v. Obama on Secrecy

Greg Sargent catches this gem – Obama’s campaign site slamming the same Bush Admin secrecy policies that now he appears willing to keep.   Sargent further notes:

This underscores what a major turnabout this is and how difficult it will be for the Obama administration to justify this politically going forward. Yesterday White House spokesman Robert Gibbs visibly struggled as he defended the current use of the state secrets privilege while saying Obama still condemns Bush’s use of it.

This also creates a major political dilemma for some Democratic Senators, such as Russ Feingold and Patrick Leahy, who have aggressively criticized use of the state secrets privilege but have been largely silent on Obama’s current use of it.

The public heat needs to be turned up on all involved.  “Oh, that was just a campaign line” is not an acceptable excuse.

And Vermont Does It Legislatively

Vermont’s legislature overrides its governor’s veto of a bill establishing equal marriage rights.

Slowly and surely.

Iowa?! Seriously?

Wow:

The Iowa Supreme Court this morning unanimously upheld gays’ right to marry.

“The Iowa statute limiting civil marriage to a union between a man and a woman violates the equal protection clause of the Iowa Constitution,” the justices said in a summary of their decision.

The court rules that gay marriage would be legal in three weeks, starting April 24. The court affirmed a Polk County District Court decision that would allow six gay couples to marry.

Maybe equality really *is* an American value.

Colin Powell: Man of Integrity

Colin Powell doesn’t know if torture is “criminal”:

Powell also questioned whether tactics like sleep deprivation, stress positions, or waterboarding were “criminal” — despite specific U.S. statutes and international law forbidding torture:

MADDOW: If there was a meeting though at which senior officials were saying, were discussing and giving the approval for sleep deprivation, stress positions, waterboarding. Were those officials committing crimes when they were giving their authorization?

POWELL: You’re asking me a legal question. I mean, I don’t know that any of these items would be considered criminal. And I will wait for whatever investigations that the government or the Congress intends to pursue with this.

I utterly fail to understand why this man is held in higher regard than the other criminals that made up the Bush Administration.  Perhaps it’s just some desperate public need to believe that there was something good about the crew that was in charge.  If that’s the case, Powell is hardly the place to look for that.  The man traded on his reputation to start an utterly unnecessary war that has killed nearly a hundred thousand people.  He gave cover to an administration that broke laws, ignored treaties, and violated the Constitution.  And don’t give me any “he fought from the inside!” crap.  Even if he did, he lost, and he lost big.  When he left, what did he do?  Stand up for the military kids that were getting killed over there for his mistakes?  Tell us that he disagreed with the President?  Do *anything* that would give any indication that he put country before politics?  No.  He slipped off quietly, and continues to engage in the same self-serving bullshit as the rest of them.  Colin Powell may have once deserved the regard the public held him in.  No more.

*Brilliant* Job, Guys

DOJ botched the Ted Stevens prosecution so badly, they’ve dropped all charges, post-conviction.   DOJ heads must roll.

Credit to Kaine: Vetoing the Death Penalty Expansions

I missed this last Friday, and think it’s worth repeating:

Gov. Timothy M. Kaine vetoed several bills Friday, including those that would have expanded the death penalty to criminals who assist in murders or who kill fire marshals or auxiliary police officers.

“Virginia is already second in the nation in the number of executions we carry out,” Kaine said in a statement. “While the nature of the offenses targeted by this legislation is very serious, I do not believe that further expansion of the death penalty is necessary to protect human life.”

The death penalty is an abomination, but it’s one that has become a fundamental part of this country’s psyche and politics.  It won’t be defeated any time soon, yet the (slow) trend is in that direction.  Credit to Kaine and other politicians who brave the cheap rhetoric of its supporters and do the right thing.

When It Absolutely, Positively . . .

has to be done FedEx’s way:

FedEx could cancel contracts for $10 billion in American-made planes if Congress makes it easier for unions to organize the delivery giant’s workers.

In a Securities and Exchange Commission filing, the Memphis-based company disclosed that purchases of Boeing 777s are contingent on FedEx Express’ continued coverage by the National Railway Labor Act.

The disclosure serves as a warning shot to lawmakers seeking to put FedEx Express workers under the National Labor Relations Act, a move seen as helping the International Brotherhood of Teamsters.

[ . . . ]

Under the Railway Labor Act, a union like the Teamsters would have to organize FedEx Express employees nationally, rather than in local bargaining units. Drivers for FedEx’s chief domestic competitor, UPS, are largely represented by the Teamsters, but FedEx has fended off organizing attempts for years.

Warner Music? Forget Them.

You’ve seen my occasional grumbling about Warner going out of its way to pull down music videos in which it has some rights from YouTube.  Well, it seems they’ve really stepped it up, now:

In early December, Juliet Weybret, a high school sophomore and aspiring rock star from Lodi, Calif., recorded a video of herself playing the piano and singing “Winter Wonderland,” and she posted it on YouTube.

Weeks later, she received an e-mail message from YouTube: her video was being removed “as a result of a third-party notification by the Warner Music Group,” which owns the copyright to the Christmas carol.

[ . . . ]

In addition to Ms. Weybret’s video, family home videos that included a portion of a song playing in the background have been removed, as have any number of videos that use music in goofy ways, from montages to mash-ups.

When a man posted a video of himself using music to teach sign language, the audio was switched off because he lacked the proper copyright clearance to use Foreigner’s 1980s song “Waiting for a Girl Like You.”

Yeah.  Next time you’re tempted to buy a CD or download a track from iTunes/Amazon, check out the publisher/label, and decide if you want to reward this kind of behaviour.

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