May 22, 2013
Injustice For Cameron D’Ambrosio

Every time I look at this young man’s photo, my heart breaks apart for him and his family:

image

Cameron D’Ambrosio should not be in handcuffs.  He should not be in a court room.  He should not have been arrested, and he damn well sure should not have been accused of Communicating a Terrorist Threat, or threatened with 20 years in prison for making what amounts to poor word choices.

This entire case is shot through with injustice:

Before charges were even formally filed, local newspapers were already posting pictures from Cam’s facebook and pointing to “disturbing” posts like “Fuck politics. Fuck Obama. Fuck the government!” and “satanic” imagery (like some image from a metal band’s poster.) All of this is free speech that is 100% protected by the 1st Amendment.

And then there’s this:

Fox News went so far as to say that Cam’s facebook profile had images that they “couldn’t show on TV.” They and other media outlets frequently and intentionally printed only a small section of the lyrics that Cam was arrested for allegedly writing, and took them out of context to make rap metaphors sound like a real threat.

The media printed:

“(Expletive) a boston bominb wait till u see the (expletive) I do, I’ma be famous”

The actual line is:

“(Expletive) a boston bominb wait till u see the (expletive) I do, I’ma be famous rapping”

Notice something? The context completely changes the meaning of the line. Suddenly something that sounds like a threat of violence is clearly just bragging about how good Cammy Dee is going to be in the rap game. Last we checked, teenage dreams of grandeur were not a crime.

Such omissions are scandalous.  You can see one example here (they also incorrectly stated that Cameron pleaded “guilty.”  He pled “not guilty.”).  The source above also reported that Cameron was arrested on a previous assault and battery charge, but neglected to mention that those charges were later dismissed.

This case involves a number of horrifying breaches of journalistic ethics, paired with a complete, utter failure to exercise prosecutorial discretion.  A young 18-year old man with his whole life ahead of him may spend the next 20 years of his life in prison for doing nothing more than posting uncouth status updates on his Facebook page.  As Rob D’Ovidio, a criminal justice professor at Drexel University, said recently:

When I was young, calling a bomb threat to your high school because you didn’t want to go to school that day was treated with a slap on the wrist. Try that nowadays and you’re going to prison, no question about it. They are taking it more seriously now[.]

And then there’s this gem from the local police chief:

“There are no more threats that are high school pranks,” said Joseph Solomon, police chief, during a press conference Thursday afternoon. “If they’re thinking that way, they need to get their heads into 2013.”

This is the incarceration nation in motion.  The fear of legitimate threats is used to extend the scope of punitive executive scrutiny to cases that otherwise would’ve been dealt with outside the criminal justice system.  Stupid mistakes and ill-timed remarks become serious felonies with decades in prison as the penalty.

Cases like this highlight the need for people to push back against the overcriminalization of America.  We need to stop sending our kids to prison for dumb mistakes.  We need to stop traumatizing 18-year olds by making them do the perp walk, and then telling them they’re facing 20 years in prison for being oafish online.   None of this is necessary.  All of it is unjust, improper, and counterproductive.

 

May 22, 2013
Free speech for irritating little punks

hipsterlibertarian:

Q. re: Ambrosia: “D’Ambrosio has a history of making violent threats, once to his sister and once to a pair of eighth graders. Police responded to an incident in 2006, during which a woman said D’Ambrosio bit her son. In September, another student severely beat D’Ambrosio and put him in the hospital. Police Chief Joseph Solomon said the altercation started with a Facebook post by D’Ambrosio about the student’s girlfriend.” — guyatree

A. Ok, so he bit someone, made threats, and got beat up for being a jerk on Facebook. In civilized societies, we don’t punish people for made-up crimes because we don’t like them or their past antics.

The issue at hand isn’t whether or not this is an unsavory individual — that question seems very settled already.

The issue at hand is that it’s a huge violation of the First Amendment to jail a kid for terrorism because he tactlessly wrote on Facebook that his coming rap career would receive more media coverage than the Boston bombing. Free speech is a right held even by jerks.

(Note: This question and my answer references this story. D’Ambrosia is the kid in jail.)

Rebloggable by request.

LTMC: There’s also a question of what, if any crime he actually committed.Even if we assumed that he did commit a crime, simply mentioning the Boston bombing in a sentence is not tantamount to Communicating a Terrorist Threat.  Making verbal threats in the past is not the same as Communicating a Terrorist Threat.  Biting someone is not the same as Communicating a Terrorist threat.  Talking shit about someone’s girlfriend on facebook is not the same as Communicating a Terrorist threat.  There is a reason why those types of prior bad acts generally get excluded from evidence in court.  

When you look at the context of D’Ambrosio’s facebook post, it’s clear to any reasonable person that he wasn’t mentioning the Boston bombing as an analogy for future acts he intended to commit.  He’s referring to the size of the media coverage surrounding the bombings, and saying that his rap career would garner even more media coverage than the Boston bombings.  

Was this insensitive?  Perhaps.  But that’s completely irrelevant to the legal analysis of his actions.  Think about how many “insensitive” 9/11 jokes were made on the internet after the Twin Towers collapsed.  Was the person who made this series of pictures guilty of Communicating a Terrorist Threat?

image

Or even better, how about this person?

image

And what about Adam Kokesh, the organizer of the open-carry gun march on D.C., who infamously tweeted that When the government comes to take your guns, you can shoot government agents, or submit to slavery.”  Isn’t that closer to Communicating a Terrorist Threat than saying that your rap career will garner more media coverage than the Boston bombing?  (Kokesh was later arrested, but not for this tweet).

This is a perfect demonstration of Harvey Silverglate’s thesis in Three Felonies a Day: How the Feds Target the Innocent.  Federal law enforcement officials transmute innocent conduct into criminal activity by stringing together unrelated statements and occurrences, and then presenting them to judges and juries as if they’re meaningful.  D’Ambrosio’s statement had nothing to do with terrorism, and everything to do with media coverage.  He’s guilty of nothing more than using a poor comparison.  But the only reason it’s poor in the first place is because of the risk that overzealous federal authorities might misinterpret his remarks.  The wrongful act here is not D’Ambrosio’s statement, but the overzealous enforcement of a misguided federal law.

May 18, 2013
"The missile hits, and after the smoke clears there’s a crater there and you can see body parts from the people. [A] guy that was running from the rear to front, his left leg had been taken off above the knee, and I watched him bleed out.

These guys had no hostile intent. In Montana, everyone has a gun. These guys could have been local people that had to protect themselves. I think we jumped the gun."

Former drone operator Brandon Bryant, on his first drone strike.

Bryant quit the drone program after realizing its disregard for life and how numb strikes made him feel, saying he “couldn’t do it anymore.”

(via hipsterlibertarian)

May 7, 2013
Syria Is Not Iraq

The comments on this Pro-intervention Op-Ed by Bill Killer (h/t atidd) are giving me a bit more faith that people “get” the problem with intervention in Syria.  It appears that more than a decade of War has finally begun to make people weary of military intervention, however well-intentioned.  Here’s a few examples:

So we eliminate Assad’s ability to retaliate against its rebel citizens, then what is left? From what we read, the Christians and Alawites support Assad, and will be killed off by the rebels. The best financed groups come from Iraq, so how do you suggest we counter that?We might have been able to prevent this in the first place if we were able to get Assad to leave, but Russia squelched that. I suspect the Chinese do not want anything to do with it, they are not particularly fond of Islam. No matter who ends up running the country, it will be a majority Islamic faction.

Considering the atrocities carried out by Assad there will be brutal retaliation, as we have already seen. What we can not tolerate, we have no ability to stop. We are seeing the end of a brutal oppressive regime, the retaliation will be just as brutal.

All we can do is hope we can contain this civil war to Syria.

Another:

What is our national interest here? Syria was already being run by a despot hostile to ourselves and funding terrorists. Those opposing him are themselves affiliated with al Qaeda (or at least those with any chance of overthrowing him are). So who are we protecting and what are we preventing?

Another:

[Keller’s Op-Ed is] [a]n excellent example of how we get drawn into the military option. No matter how disastrously Vietnam or Iraq or Afghanistan turn out to be for us, there are never any real consequences to those who suck us in. Those who ought to exercise a proper caution lose their courage fearing that they will get blamed for the human costs of civil wars in other countries while knowing that as long as they show proper machismo there will be little criticism of their sending fellow citizens (younger ones) to become casualties in futile endeavors in foreign lands.

Another:

Here are a few questions I have after reading this. Where in this analysis is there room for non-militarized intervention? Why must engagement in Syria take the form of military action? Can’t you possibly think of other ways of ending the conflict? Is it really realistic to think that military intervention can result in the quick fall of Assad and his replacement with an interim authority if Russia, China, and other continue to support Assad? Who will be in this interim government and what legitimacy will they enjoy locally? 

One more:

Long winded nonsense. 

We need another war and it’s expense and social turmoil at home like we need more NRA and tax cuts for the rich. There is no longer justification for constant application of US military all over the Earth, THAT is the lesson of Iraq and as we are seeing, Afghanistan. 

Useless military buildup is an area where Democrats need to learn from Libertarians. The Defense Dept has been bankrupting America for decades, chancing bogeymen, while the Middle Class is far more scared to death of not being able to retire than the consequences of a conflict in Asia Minor.

Indeed.

May 7, 2013
"From 2003 when I walked through hospital wards and saw children dying of shrapnel wounds from the ‘precision’ missile strikes, to 2013 walking through different hospitals 10 years later seeing babies die of mysterious birth defects, it’s clear that [Iraqi] children have been the greatest victim of this war, …the young ones are dying and suffering from wounds of a war they never saw. We’ve really let the children down, in dramatic ways that will have long-term implications."

— Donna Mulhearn, via Kelley B. Vlahos’ recent article, “Iraq’s Generation Hell.”

May 5, 2013
"I considered the arrival to Cuba a blessing, and so I told my brothers, “Since you guys are not involved in crimes you need to fear nothing. I personally am going to cooperate, since nobody is going to torture me. I don’t want any of you to suffer what I suffered in Jordan.” I wrongly believed that the worst was over, and cared less about the time it would take the Americans to figure out I am not the guy they are looking for. I trusted the American justice system too much, and shared that trust with people from European countries. We all have an idea about how the democratic system works."

Mohamedou Ould Slahi, The Guantanamo Memoirs

Necessary reading, if you haven’t already.

May 1, 2013
Courage, Cowardice, And Terrorism

Ari Kohen has a thoughtful piece up regarding the Boston Bomber that addresses a common notion: that people who commit acts of terror are, by-in-large, “cowards.”  

Ari takes note of a blurb from Bill Maher, who rejected the notion that the people who flew planes into the Twin Towers on 9/11 could possibly be defined as cowards.  Given that all rational human beings have a fear of death, carrying out a plot that is sure to cause one’s death would undoubtedly require a steel resolve that is uncommon amongst the broader throngs of humanity.  To borrow Ari’s paraphrasing of Maher, “Terrorists who flew planes into buildings might be called a great many things but “cowards” shouldn’t be one of them.”

Ari then notes the following question from one of his students:

I’m interested in the fact that terrorists and criminals are consistently referred to as “cowards.” Obviously, the actions of such people are the opposite of heroic, but does this mean these people are not courageous?

Ari responds:

The crucial difference between the 9/11 terrorists and the Tsarnaevs is that there wasn’t anything at all courageous to point to in Boston in the way that Maher could point to the courage of the 9/11 terrorists who gave up their own lives in the pursuit of their murderous ideology.

In Boston, the bombers indiscriminately attacked people who were helpless and unaware, and they did so in a way that, at least in the moment, presented no risk to themselves. They set down explosive devices on a sidewalk full of innocent people and they walked away from them.

There’s no doubt that this is cowardice.

That said, I think it’s fairly straightforward to make the argument that terrorism is always cowardly, even if particular terrorists take actions that might appear courageous under different circumstances. The circumstances matter a whole lot.

I think unpacking this subject actually takes some serious thought, because there are a number of ways to approach this question.  

First, I think we need to define what courage actually is.  In my mind, courage requires a person to proceed with an action in the face of a recognizable risk.  I would place particular emphasis on the recognizable portion of that definition, since a failure to apprehend risk necessarily means it does not get factored into your decision-making process.  If I don’t think that I’m putting myself in danger, then I have no incentive not to proceed.  Proceeding despite knowledge of the risk to one’s self seems to be the gravamen of what “courage” actually means.  This definition will have to be augmented for reasons that will become apparent later, but we’ll stick with this for now.

When we apply this definition to a discussion about acts of Terrorism, we necessarily have to talk about what might be called the “fear of death” factor.  The 9/11 Hijackers seem to have been unafraid of death.  Most ordinary people would not have the courage to see such a plot through.  But if a person qualitatively does not possess a fear of death, then is it really courageous for them to act in a manner that is consistent with that lack of fear?  Is it really courageous to die when you have no fear of death?  

Regardless of the answer to that question, our analysis would certainly be different when we talk about the Boston Marathon bombing suspects.  I’d like to reprint a part of Ari’s response here:

In Boston, the bombers indiscriminately attacked people who were helpless and unaware, and they did so in a way that, at least in the moment, presented no risk to themselves. They set down explosive devices on a sidewalk full of innocent people and they walked away from them.

True enough.  But I’m not sure this gets us to the finish line, so to speak.  The Tsarnaevs were undoubtedly committing a malum in se act.  Their minds may have been polluted with dark influences, but it seems preposterous to think that they had zero apprehension about getting caught.  In most U.S. jurisdictions, murdering even a single person will probably get you life in prison, and possibly the death penalty.  Did the Tsarnaevs act in spite of their knowledge of these heavy sanctions, or did they simply have no qualitative fear of them at all?  It’s difficult to say without knowing the mind of the Tsarnaevs themselves, which we may come to know as time progresses.

But Ari’s response also raises other interesting issues.  For example, why wouldn’t Ari’s analysis also apply to an American drone pilot?  They too attack people “who [are] helpless and unaware, and they [do] so in a way that, at least in the moment, present[s] no risk to themselves.”  Thomas Knapp recently asked a related question regarding the classification of the Tsarnaevs’ pressure-cooker bombs as WMD’s.  Knapp’s article is a bit overwrought at places, but the following juxtaposition is on point:

When a US drone fires a Hellfire II missile with an 8-pound fragmentation/anti-personnel warhead into a wedding party in Pakistan, that’s just cricket. When Dzhokhar Tsarnaev allegedly sets off two pressure cookers filled with black powder and ball bearings at the Boston Marathon, that’s “using a weapon of mass destruction.”

If the Tsarnaevs had fired two Hellfire II missiles into the crowds gathered at the finish line of the Boston Marathon, the loss of life would’ve been equally, if not more horrendous.  And the same moral calculus would undoubtedly apply: they’d be attacking innocent people with little or no immediate risk to themselves.  So what changes when we’re talking about drone pilots?

A couple obvious distinctions jump to mind: (1) the drone pilot is acting under orders, and has no independent desire to harm innocent people, (2) the drone pilot, even when he does kill innocent people, does not necessarily intend to kill innocent people, and would certainly like to minimize “collateral damage” when possible. 

And yet neither of these distinctions actually address the meat of the question: is the drone pilot acting in spite of a perceived risk to themselves?  Clearly not.  And the drone pilot’s intentions are probably cold comfort to the innocent lives that are actually lost.  The criminal law of every state makes negligent homicide a crime for a reason—there is a general consensus that one’s failure to take reasonable precautions to protect the lives of others from our own reckless behavior is a criminal act.

And yet there is still one way in which we might call the drone pilot courageous.  What if he is a conscientious drone pilot?  In other words, what if the drone pilot actually does  fear killing innocents every time he fires a drone missile?  Would that make the drone pilot courageous?  What of his intrinsic moral struggles, his tortured internal monologues, his trepidation over “pressing the button”—what would it tell us if the drone pilot proceeds in spite of his fear?  

This is where our expanded definition of courage comes into play: whatever moral compunctions or judgments we may make about the conscientious drone pilot for proceeding despite the risk that he’s killing innocent people, I think there’s still a sense in which he’s being “courageous.”  When you have a genuine fear that incentivizes you away from performing an action, but you act in spite of it, I think you’ve demonstrated courage, flatly defined.  

This conclusion may make some people uneasy, because nobody wants to imagine that somebody who intentionally places innocent lives at risk is acting courageously.  But I think what the “conscientious drone pilot” example tells us is that courage, by itself, tells us absolutely nothing about the moral content of a person’s actions.  A Nazi soldier who charged an American machine gun nest in WW2 was, without question, demonstrating extraordinary courage.  But the cause he is fighting for is a wretched one.  His courage is a means to a repugnant end.  And we could say the same about the conscientious drone pilot: his willingness to proceed with a drone strike in spite of his own trepidation about killing innocent people is courageous in a sense, but it tells us nothing about the moral content of his actions.  He’s still exposing innocent people to the loss of life, even when he acts hesitantly.  That’s still a repugnant moral act.

Could we say the same about the Tsarnaevs as well?  As I mentioned above, it’s difficult to know without knowing what was going through their minds at the time of the bombing.  If they really didn’t care about the risks of getting caught, then I don’t think anyone can argue they were acting with courage.  If they acted in spite of apprehending that risk, however, then I think there’s a case to be made that they acted with courage.  This tells us nothing about the moral content of their actions, because a courageous person can act courageously in pursuit of morally repugnant goals.  But I do think it’s possible for us to say they acted “courageously” if they acted in spite of their fear of official retribution.  If they had no such fear, then I think it’s fair to say there was no courage in what they did, anymore so than the courage of men who fly planes into a building, but have no fear of death to stay their hand.

April 30, 2013
"I continue to believe that we’ve got to close Guantanamo. I think it is critical for us to understand that Guantanamo is not necessary to keep America safe. It is expensive. It is inefficient. It hurts us, in terms of our international standing. It lessens cooperation with our allies on counter-terrorism efforts. It is a recruitment tool for extremists. It needs to be closed."

The President got very quotable today as he renewed his call for Guantanamo to close.

Of course, actually DOING the right thing »»» quotable.

(via hipsterlibertarian)

(via hipsterlibertarian)

April 21, 2013
"

In cases where the religious affiliation of terrorism casualties could be determined, Muslims suffered between 82 and 97 percent of terrorism-related fatalities over the past five years.

Of the 13,288 people killed by terrorist attacks last year, seventeen were private U.S. citizens, or .001 percent.

"

The National Counter Terrorism Center’s 2011 Report on Terrorism

(via prettayprettaygood)

(via laliberty)

April 21, 2013
Americans Are as Likely to Be Killed by Their Own Furniture as by Terrorism

prettayprettaygood:

The number of U.S. citizens who died in terrorist attacks increased by two between 2010 and 2011; overall, a comparable number of Americans are crushed to death by their televisions or furniture each year. This is not to diminish the real—albeit shrinking—threat of terrorism, or to minimize the loss and suffering of the 13,000 killed and over 45,000 injured around the world. For Americans, however, it should emphasize that an irrational fear of terrorism is both unwarranted and a poor basis for public policy decisions.

I think we all know what this means…it’s time to invade IKEA.

LTMC: While we’re at it, we should be sure to ban lightning as well.

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