Tuesday, April 29, 2008

Race in America - legal imbalance

So I have recently discussed race in America, specifically the inequality of law enforcement and punishment (at Black Entertainment USA and here). Sean Bell, Wesley Snipes, Megan Williams, the Jena 6 and others are but a tip of the iceberg of failure in some aspect of the legal system. From the failure to prosecute, failure to convict, the rush to presume and proclaim guilt, and the retroactively excessive and (in my opinion) abusive sentencing there is nothing that is balanced about Justice in America.

Now add to that a case I have read about today. By the way, if you are African American and live in Texas, especially Dallas, don’t ever get arrested. Because there is a real chance you will get convicted and in the worst case you will be sentenced to death. Such is the case of James Lee Woodard.

James Lee Woodard is an innocent man, wrongly convicted of murder in 1981. It has taken 27 years and the efforts of the Innocence Project to provide him a DNA test proving his innocence. And if you wonder why he had to wait for them, it’s because the legal system willfully ignored him. Mr. Woodard filed 6 writs with appeals courts and 2 requests for the DNA tests (that would eventually free him). Instead of considering his pleas he was labeled a writ abuser and ignored.

Imagine that. You are innocent, and your request to be proven so is brushed off as annoying chatter.

There was a study by the Justice Department (A Broken System: Error Rates in Capital Cases, 1973-1995) that stated in 22 years there was no proof of a wrongly executed person. Yet 500 were executed in that time frame. Mr. Woodard was convicted in that timeframe. So if he was never given a DNA test, and executed the DOJ would have still claimed no error. Thus the question must be asked, how many have been denied a DNA test and executed wrongly?

Why is the DNA so important? Why is this such an abomination of justice? Because Mr. Woodard was convicted by 2 witnesses – of which one recanted their testimony in court documents and the other is stated as being completely unreliable (now). And Mr. Woodard is not alone.

In Texas 31 people have been found innocent by DNA testing. 18 were convicted in Dallas alone. Both of these are national highs. How many have not been heard because they have claimed their innocence too much? Because the ears of the Justice system close quickly. Especially when the fact is that Blacks, nationwide, are more likely to be convicted of a violent crime than any other racial group in the nation.

In a culture that is rife with cases where African American males are repeatedly targeted for senseless murders by law enforcement officers, and the legal system is prone to handing out the harshest penalties, can we afford to have closed ears? How often do we hear of Black men, convicted by eyewitnesses that are wrong or knowingly guessing and legal procedures that are unbalanced, being released after decades of incarceration?

What about cases like Genarlow Wilson, a young Black youth convicted to 10 years in a case that even the most jaded would call overly excessive. What about Wesley Snipes who was given the harshest possible sentence to make up for the fact the Government failed to get a conviction on felony charges – that a jury of his peers found him innocent of. What about a judge penalizing witnesses for the prosecution for their dress code and attitude by absolving the defendants of guilt without the benefit of a jury or the defendants testifying (the Sean Bell case).

Like politics today, where issues are abandoned in pursuit of the character of individuals not up for election, where is the justice?

America has issues. Many want to hide their heads in the sand or stick fingers in their ears rather than deal with the uncomfortable truth. America is as biased and racist as it was in 1950 or 1860. We just dress it up better.

So what can we do? What is possible for the public? Everything.

Write to your Congressional representative and Senator. Have your friends and family, your schools and classmates, your job and co-workers write. Post up blogs, and speak at community events. Be involved in your community and vocal at public discussions. Write a blog or make a website. Act.

Because if you are waiting for someone to act on your behalf you may wind up like the person in a joke I once heard:

“There is this guy in his house. He hears on TV that a flood is coming and he should evacuate. He prays to God to save him and goes about his day at home. The flood waters start to reach his house when a police officer drives up and tries to get him to leave with him. The man refuses saying – I’m a good man. I pray to God and have strong faith. God will save me.

The waters continue to rise and fill the 1st floor of his 2 story house. A man in a row boat comes up and begs the man to get in. He refuses again saying – I follow my faith. I love God, and pray often. I have faith, God will save me.

The floodwaters rise further and the man is forced to his roof. A helicopter comes by and pleads with the man to grab a ladder and fly off with them. Adamant the man stays shouting – I prayed to God and he will save me! I have faith!

The man dies from drowning in the flood. In heaven he sees God. He asks God why he didn’t save him.

God says, “You are a good man. You have strong faith and lived well. I heard your prayers. So I sent you a cop in a car, a guy in a rowboat, and a helicopter. What more did you want me to do?”

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SIR Military

Tuesday, February 26, 2008

Democratic Presidential candidates tactics and behavior

I love this line,

"Let's have a debate about your tactics and your behavior in this campaign." - Senator Hillary Clinton to Senator Barack Obama in a speech.


It’s only in politics where one candidate can complain about the actions of another while using racial attacks, smears, and religion (all indirectly) to attack their opponent. It’s only in politics where a candidate could possibly count on the public completely forgetting pervasive and continuous attacks and claim that they in fact are the victim.

To date the Clinton campaign has been directly linked to multiple dirty tactics against Senator Obama. No matter what you may feel politically you have to notice these facts:

  • The Clinton campaign forwarded emails claiming that Senator Obama is a Muslim – which is false.

  • The Clinton campaign alleged that Senator Obama was a drug dealer in his youth – which there is no proof of, nor ever alleged prior. Obama has long ago admitted that he used drugs in his youth, and that such action was a low point in his life and not something that youth should do.

  • The Clinton campaign has focused on the full name of Senator Obama – his name is Barack Hussein Obama. And what does that mean? If his name was Buck Rogers would that imply he has knowledge of the future? Does a name his parents gave him mean anything about his life? Does yours?

  • Former-President Bill Clinton directly injected the factor of race prior to the South Carolina Primary – Through various speeches and after the loss the dismissal to Senator Obama’s win, President Bill Clinton minimized not only Obama, but Jesse Jackson and Dr. Martin Luther King (along with Hillary – though in a much more quiet manner).

  • The Clinton campaign highlighted the connection of Senator Obama to a slumlord – A past association to a client of the law firm Senator Obama worked at. His prior association (including receiving donations to his State Senate election) all occurred without Rezco ever being accused of violating any law. This is confirmed by all the Chicago newspapers looking for any wrongdoing over months of research. (By the way, Clinton did associate with and accept $1 million in stolen money from known fugitive from the law Norman Hsu).

  • And the latest item (not that the above are the only examples, I just picked the most popular ones)? The Clinton campaign will neither confirm nor deny that it has published a photo of Senator Obama, dressed in the garb of a tribal elder while in Kenya. The implication is obvious. It’s an attempt to feed into the religious prejudice of this nation, specifically focused on Muslims since the 9/11 attacks.

Photo found at http://www.drudgereport.com/flashoa.htm
It does not matter that Senator Clinton, and President George Bush have both worn similar garb as a matter of respect and honor when visiting nations in Africa and the world?. Does that mean that President George Bush is a Muslim? Obviously that is a laughable concept, but why does it change context when applied to Senator Obama? Because some small-minded, bigoted, racist, uneducated, potentially inbred, blights to humanity can’t get past color of skin and a faith they likely know nothing about. And Senator Clinton is counting on those votes to get her the nomination.

…..Plouffe said in a statement: “On the very day that Senator Clinton is giving a speech about restoring respect for America in the world, her campaign has engaged in the most shameful, offensive fear-mongering we’ve seen from either party in this election. This is part of a disturbing pattern that led her county chairs to resign in Iowa, her campaign chairman to resign in New Hampshire, and it’s exactly the kind of divisive politics that turns away Americans of all parties and diminishes respect for America in the world,” said Plouffe.


Of course Senator Clinton has not directly made any of these statements. She has consultants that compare Senator Obama to Nazis, minor aides sending out the emails alleging a false connection to Islam, a senior aide implying drug dealing, and of course Bill in South Carolina and beyond.

Funny how none of these things are her fault. That for a candidate known for micromanaging every aspect of her campaign she is so out of control when they consistently (for over 6 months) smear, lie, and prejudicially and personally attack Senator Obama.

So when I hear Senator Clinton cry out that she wants to “debate about your tactics and your behavior” I have to ask, does her mirror somehow obscure her own actions when she looks at it? I wonder that if her moral compass shows these kinds of tactics as the high road, what is the low? And if there is no line to cross in just attempting to get the Democratic nomination, what line would she also cross if elected President?

I would suggest that those in Vermont, Rhode Island, Ohio, and Texas all consider this before voting in their Primaries on March 4th. I hope everyone votes, but know what you are voting for.

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SIR Military

Thursday, February 21, 2008

Senator Obama expands lead after Wisconsin vote, Clinton in trouble

Senator Obama has swept even more states and continued his streak of victories with 58% - 41% crushing win in Wisconsin and an embarrassing 76% - 24% clobbering in Hawaii. While the final tally has yet to be finalized Washington State stands at 50 - 47 with 57% of the vote counted. This makes the number of states won by Senator Obama 24 to Hillary Clinton’s 11, and increases his popular vote margin and the delegate count.

As it becomes more apparent that Senator Clinton cannot gain the Democratic nomination, something that far less than a year ago pundits expected to be a given fact, the internet is beginning to rally to Senator Obama. Consistently the internet, along with the predominance of major newspapers and television/cable news, has been quite liberal and Democratic in their political preference. That preference has long held that Senator Clinton must be the choice of the nation. But with the continued inspirational performances of Senator Obama, the tide has changed.

I for one am amazed that it took so long to happen.

Without regard to personal political affiliation or beliefs, Senator Clinton never had a chance of winning a Presidential election. The reasons are tumultuous and towering. Beyond the baggage that is the Clinton Presidency legacy, there are the numerous scandals that Senator Clinton has had individually. Add to this her outright lies (like my favorite – that she has 35 years of experience which is only possible if you co-opt all the years of public service that her husband was elected to) and derisive attacks and you get the reason why Rasmussen predicts an 80%+ chance of Senator Obama winning the nomination. And all of this does not take into account the 47% dislike that the nation holds for Senator Clinton.

At this point only elderly (65 years of age and up) white voters stuck with Clinton in the Wisconsin Primary in any significant numbers. And I expect that even this group will erode from her shortly, because

“Hillary began positively, but the minute she felt the slightest challenge from Obama, she went negative and dirty and then went into denial about doing it and then claimed SHE was the victim of attacks. Worst of all, she used Bill as part of the strategy. Even a hard-core lefty like me is repulsed when hearing Bill Clinton attack people and then act slickly sweet and innocent and paint himself and his wife as the victim.”


Yet this has not prevented Senator Clinton from stating

“I’m not going to just talk about what’s wrong with NAFTA, I’m going to fix it,” she vowed. “My opponent has taken to attacking me on NAFTA. The fact is, neither of us were in the Senate at the time (it passed) and I’ve long been a critic of the shortcomings of NAFTA.”


[In fact neither were in the Senate at the time, but when President Bill Clinton was passing NAFTA then First Lady Hillary Clinton was a huge supporter of the bill and the President. And if we are to go and accept that her time as First Lady is part of her “35 years of experience” then NAFTA must be part of that as well.]

Nor has it prevented the win at all costs strategy that the Clinton campaign is known for.

“On Monday, an aide even suggested going after pledged Obama delegates at the Convention – in other words, directly thwarting the will of the voters.

After a disastrous PR flap, the Clinton camp denied that statement. But it’s fair to draw a basic conclusion: they are getting desperate, and are grasping for any method to win the nomination – whether it is ethical or not.”


This is on top of the fact that the Clinton campaign agreed, with all other Democratic candidates at the time, on the penalties placed against Florida and Michigan in September 2007. But today they are trying to engineer the removal of those penalties to bolster their own flailing hopes.

Given all this, with 2 debates to come and the March 4th Primaries in Ohio, Texas, Vermont and Rhode Island, I have to question why any continue to support Senator Hillary Clinton. Looking at all the comments and facts, without emotion or preference, I am at a loss. Perhaps one reason those 65 and older are voting for Senator Clinton is the fact that she is White and they are part of the generations that lived in a United States that supported segregation and Jim Crow laws. It’s an aspect that I have not heard discussed, for obvious reasons, but it has been a failed tool (race) used since the South Carolina Primary, so it’s worth asking.

For those that still are unsure of whom to vote for in Texas and Ohio (the major delegate states in the next set of Primaries) the question to ask may be one that Senator Clinton asked of Senator Obama

“What has he done? What is his experience?” – as presented in a Fox News clip of Senator Clinton making a speech on February 20, 2008


The same should be asked of Senator Clinton. And when that answer comes up with an equal nothing consider this. She has been in the Senate longer, supposedly with 35 years of experience and has nothing to show for it. Add that to her attempts to break rules she has agreed to, personal racial attacks, her flips on issues important to Democrats (like her vote and support for the war in Iraq), scandals and 47% national disapproval rating.

So I ask, why would a Democrat vote for her over Senator Obama? I’d like to know.

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