SYNDICATED COLUMN: The NSA Loses in Court, but the Police State Rolls On

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Edward Snowden has been vindicated.

This week marks the first time that a court – a real court, not a sick joke of a kangaroo tribunal like the FISA court, which approves every government request and never hears from opponents – has ruled on the legality of one of the NSA’s spying programs against the American people.

Verdict: privacy 1, police state 0.

Yet the police state goes on. Which is what happens in, you know, a police state. The pigs always win.

A unanimous three-judge ruling by the US Court of Appeals for the Second Circuit, in New York, states unequivocally that the Obama Administration’s interpretation of the USA Patriot Act is fatally flawed. Specifically, it says, Congress never intended for Section 215 to authorize the bulk interception and storage of telephony metadata of domestic phone calls: the calling number, the number called, the length of the call, the locations of both parties, and so on. In fact, the court noted, Congress never knew what the NSA was up to before Snowden spilled the beans.

On the surface, this is good news.

It will soon have been two years since Snowden leaked the NSA’s documents detailing numerous government efforts to sweep up every bit and byte of electronic communications that they possibly can — turning the United States into the Orwellian nightmare of 1984, where nothing is secret and everything can and will be used against you. Many Americans are already afraid to tell pollsters their opinions for fear of NSA eavesdropping.

One can only imagine how chilling the election of a neo-fascist right-winger (I’m talking to you, Ted Cruz and Scott Walker) as president would be. Not that I’m ready for Hillary “privacy for me, not for thee” Clinton to know all my secrets.

Until now, most action on the reform front has taken place abroad, especially in Europe, where concern about privacy online has led individuals as well as businesses to snub American Internet and technology companies, costing Silicon Valley billions of dollars, and accelerated construction of a European alternative to the American dominated “cloud.”

Here in the United States, the NSA continued with business as usual. As far as we know, the vast majority of the programs revealed by Snowden are still operational; there are no doubt many frightening new ones launched since 2013. Members of Congress were preparing to renew the disgusting Patriot Act this summer. One bright spot was the so-called USA Freedom Act, which purports to roll back bulk metadata collection, but privacy advocates say the legislation had been so watered down, and so tolerant of the NSA’s most excessive abuses, that it was just barely more than symbolic.

Like the Freedom Act, this ruling is largely symbolic.

The problem is, it’s not the last word. The federal government will certainly appeal to the U.S. Supreme Court, which could take years before hearing the case. Even in the short run, the court didn’t slap the NSA with an injunction to halt its illegal collection of Americans’ metadata.

What’s particularly distressing is the fact that the court’s complaint is about the interpretation of the Patriot Act rather than its constitutionality. The Obama Administration’s interpretation of Section 215 “cannot bear the weight the government asks us to assign to it, and that it does not authorize the telephone metadata program,” said the court ruling. However: “We do so comfortably in the full understanding that if Congress chooses to authorize such a far-reaching and unprecedented program, it has every opportunity to do so, and to do so unambiguously.”

Well, ain’t that peachy.

As a rule, courts are reluctant to annul laws passed by the legislative branch of government on the grounds of unconstitutionality. In the case of NSA spying on us, however, the harm to American democracy and society is so extravagant, and the failure of the system of checks and balances to rein in the abuses so spectacular, that the patriotic and legal duty of every judge is to do whatever he can or she can to put an end to this bastard once and for all.

It’s a sad testimony to the cowardice, willful blindness and lack of urgency of the political classes that the New York court kicked the can down the road, rather than declare the NSA’s metadata collection program a clear violation of the Fourth Amendment’s right to be free from unreasonable search and seizure.

(Ted Rall, syndicated writer and the cartoonist for The Los Angeles Times, is the author of the new critically-acclaimed book “After We Kill You, We Will Welcome You Back As Honored Guests: Unembedded in Afghanistan.” Subscribe to Ted Rall at Beacon.)

COPYRIGHT 2015 TED RALL, DISTRIBUTED BY CREATORS.COM

The Joe Biden 2016 Scenario: Sorta Run, Joe, Sorta Run

Originally published by ANewDomain.net:

There is a scenario in which Joe Biden gets elected president, one that doesn’t involve anything untoward happening to President Obama.

Here’s the short version: Hillary the Inevitable implodes.

(Why not? It happened in 2008.)

Democrats, by which I mean the Democratic party bosses, take a look at her primary challengers — backbenchers and fringies — and opt to pass them all up in favor of the most ready, willing and able establishment candidate. Which, at this point — and likely will continue to be at every point between now and spring 2016 — is Vice President Biden.

Take my hand, won’t you? Accompany me down the not-so-twisty path of the Joe Biden 2016 Scenario …

Now, Biden has often said he was interested. And he is already sort of running. Biden “may be running the most under-the-radar White House campaign of any sitting vice president in modern times,” The Atlantic‘s Russell Berman writes. “Biden made stops in Iowa, New Hampshire, and South Carolina last month. The appearances were all ostensibly aimed at promoting President Obama’s agenda, but as the old axiom goes, no politician visits any of these states by accident, and certainly not in the calendar year before primary voters head to the polls.”

He’s popular enough, as Obama memorably remarked about Hillary.

Biden’s poll numbers track at a steady 41 percent-ish. Not stellar, to be sure. But in polls of Democratic primary voters he’s trounces Vermont Senator Bernie Sanders and former Maryland Governor Martin O’Malley, even though Sanders is the third-most popular senator, which is like being the third-most popular STD. But still.

See how I had to explain who Sanders and O’Malley were just now? That’s because nobody has heard of them. Name recognition is really, really important.

Hillary has problems. Emailgate probably won’t mark the end of Secretary Clinton’s run for the White House by itself, but it fed into a preexisting, and not unjustified, narrative that she and her husband are sleazy, arrogant, entitled and untrustworthy. Fifty-four percent of Americans tell the Quinnipiac poll that Hillary is untrustworthy; only thirty-eight percent of people have confidence in her to tell the truth.

Hillary has been ordered to testify about Emailgate and Benghazi to a hostile Congressional committee — getting interrogated like a criminal on national TV is not an awesome gig for a presidential candidate.

At this point, you have to wonder: what else might break? The primary process won’t end for over a year, an eternity during a campaign. You don’t need a fevered imagination to see Hillary flaming out in some new, or preexisting scandal. Not to mention, she has a tendency to say really stupid, really clueless things (e.g., Bill and she were “dead broke” despite being worth millions, she ducked sniper fire in Bosnia, she only wanted to use one phone for email but was photographed with two, etc.). As Mitt “47%” Romney can attest, one gaffe can kill you.

She could die. She’s 67. Not a young 67, either.

Hillary doesn’t look good, not even for her late 60s — which has prompted some nasty speculation about her health, mostly sparked by her 2012 fainting episode, supposedly brought on by dehydration. Hey, I’ve been there, but I don’t have handlers ready to grab an Evian wherever I go …

They’ll never allow Bernie Sanders to be the nominee.

The senator, scheduled to announce his symbolic candidacy April 30th, isn’t even officially a Democrat — he’s a socialist who caucuses with the Democrats and usually votes with them. And he’s old. He’d be 75 if elected in 2016 — even older than Reagan in 1980, and Reagan had Alzheimer’s while in office. Not. Gonna. Happen.

The Baltimore Riots just drove a stake through Martin O’Malley. Before this week’s race riots following the police murder by suffocation and back-breaking of Freddy Gray, the ex-Maryland governor was a long shot — to say the least. Now he’s being roundly criticized for the shitty job he did, especially related to race relations and policing, during his two terms as mayor of Baltimore from 1999 to 2007. His post-riot tour of Baltimore was greeted with boos and heckling.

Which leaves, by process of elimination, Joe Biden. Here’s the DNC thinking: Biden has no scandal. He has name recognition. He’s likeable. He’s not a socialist or hated by black people.

Sorta run, Joe, sorta run!

If ISIS Kills Me, It’s Totally Barack Obama’s Fault

Originally published by ANewDomain.net:

Supporters of the Islamic State of Iraq and Syria (ISIS) are plotting to assassinate Australian and American cartoonists, Foreign Policy magazine is reporting.

As an American cartoonist who prefers not to get assassinated, I believe this is an extremely worrisome story.

As you can probably imagine, I have been giving a lot of thought to the possibility that Australian and American cartoonists might get blown away à la Charlie Hebdo, and even more consideration to the possibility that I might be one of them.

As a result of said thinking, I have this to say: If some ISIS asshole kills me, it’s totally Obama’s fault.

Since at least a year ago, the Obama Administration has pulled out all the stops to stop wannabe jihadi American citizens and residents from traveling to Syria, typically via Turkey, to join the Islamic State.

In October, the FBI arrested Mohammed Hamzah Khan, 19, at Chicago’s O’Hare airport. He faces 15 years in prison for trying to go to Syria to join ISIS. They grabbed Adam Dandach, 20, at Orange County California’s John Wayne airport, of all places, for the same thing. This past February, it was three guys from Brooklyn of Central Asian ethnic descent, this time at JFK. In April, four Somali-Americans in Minneapolis. Scores of Americans have been arrested by federal authorities while trying to join ISIS.

To which I, possible future dead cartoonist, ask: WTF?

Why not let them leave?

As I wrote recently, the legal basis for these arrests is skimpy. But never mind the morals or the law. What about common sense?

I thought the idea was to fight them over there so we wouldn’t have to fight them here, right? So, about these self-radicalized guys — why not let them go to Syria?

The word is already getting out among ISIS fans that it’s getting hard to travel from the U.S. to Syria, and that you might get slammed with a “material support to a terrorist organization” charge if the feds learn about your plans. Those who are stuck here in the States will naturally turn to Plan B: carrying out attacks here in the — yuck on this word — “homeland.”

Before he was accidentally blown up by an American drone this past January, Al Qaeda spokesperson Adam Yahiye Gadahn, a.k.a. Azzam the American, advised English-speaking would-be terrorists to think globally, kill locally:

“America is absolutely awash with easily obtainable firearms. You can go down to a gun show at the local convention center and come away with a fully automatic assault rifle without a background check and most likely without having to show an identification card. So what are you waiting for?”

I’ve followed politics and U.S. foreign policy my whole life, yet I can’t imagine the rationale for this policy of apprehending Americans for wanting to join ISIS. If they want to go, let them — hell, give them a first-class plane ticket.

So long, California: The next drought remedy?

Originally published by The Los Angeles Times:

Gov. Jerry Brown is calling for fines of up to $10,000 for the state’s biggest water wasters. “We’ve done a lot. We have a long way to go,” Brown said. “So maybe you want to think of this as just another installment on a long enterprise to live with a changing climate and with a drought of uncertain duration.”

That’s definitely the way it looks now.

Harsh new water restrictions are even affecting cemeteries, where caretakers worry that their carefully manicured lawns will soon begin turning brown. (Although that “even” probably shouldn’t be there, considering the relative importance of hydrating the deceased vis-à-vis, well, any other priority.)

No one knows when the drought will end. The skies could open up tomorrow. (OK, probably not tomorrow.) But the longer it goes on and the more scary records it sets, the more the drought feels like the new normal.

California just endured the driest January, and the hottest February, since the National Oceanic and Atmospheric Administration began keeping records in 1895. This comes after three years of record heat and low rainfall.

Snowpack accumulation is at a record low: 5% of the historical average.

The drought of the last three years is the worst to hit California in 1,200 years, according to one study.

Desperate thirst makes for desperate solutions, and many people are pushing for the construction of desalination plants to process seawater from the Pacific Ocean. That is, for example, how arid Saudi Arabia gets about half of its water. But desalination plants are expensive and environmentally counterproductive. They dump the extracted salt back into the ocean, where it kills sea life. And they require a lot of electricity to operate, which contributes to the production of the greenhouse gases driving climate change, which is what helped cause the drought.

Then you have those with more fanciful ideas, such as actor William Shatner’s proposal to raise $30 billion in a Kickstarter campaign to build a pipeline to move water from Seattle to California.
Venice Beach declares war on our infantile obsession with nudity
Venice Beach declares war on our infantile obsession with nudity

At a certain point, one has to pose the question no one wants to consider: Should people — not everyone, but enough people to make a difference — leave California? Desalination plants work for Saudi Arabia because the kingdom is sparsely populated. California, the most populous state, may have to become less populous in order to live in harmony with the environment under the new climate reality — one that may feature a sort of perma-drought.

“Civilizations in the past have had to migrate out of areas of drought,” said Lynn Wilson, a United Nations climate change expert. “We may have to migrate people out of California.”

In the meantime, as my cartoon points out, those with money will never run out of whatever they want or need — and that includes water.

Snowden

SnowdenFrontCoverPublication Date: August 18, 2015

Pre-Order Now at Amazon!

As many as 1.4 million citizens with security clearance saw some or all of the same documents revealed by NSA contractor Edward Snowden. Why did he, and no one else, decide to step forward and take on the risks associated with becoming a whistleblower and then a fugitive? Rall’s all-comic, full-color biography delves into Snowden’s early life and work experience, his personality, and the larger issues of privacy, surveys the new surveillance technologies being deployed against the American people, and the recent history of government intrusion. Rall describes Snowden’s political vision and hopes for the future. The book tells two stories: Snowden’s and a larger one that describes all of us on the threshold of tremendous technological upheaval and political change.

Snowden is a portrait of a brave young man standing up to the most powerful government in the world and, if not winning, at least reaching a stand-off, and in this way is an incitation to us all to measure our courage and listen to our consciences in asking ourselves what we might have done in his shoes.

Bad Taste, Dirty Secrets: The Truth About The Pulitzer Prize

“Who had a good year?” my friend and cartoonist colleague asked me. Again. “Who’ll win?” We have the same conversation every April.

A couple of weeks ago, it was time once again for an annual ritual familiar to thousands of journalists: attempting to predict the winners of the Pulitzer Prizes.

“They’ll give it to some loser. Like they always do,” I replied. “Or they won’t, and someone good will get it. Who knows? When are you going to accept that the Pulitzers are a completely, totally random occurrence?”

This is the biggest unspoken truth about the most respected award in American mediadom: there is no rhyme or reason to who wins a Pulitzer.

Theoretically, Columbia University awards the Pulitzer to the best work done the previous year in each given category: best play, best biography, best news photography of 2014, etc.

In reality, anyone can win. Anyone can be snubbed. It’s like a tornado tearing through a neighborhood, leaving one house standing intact while the others all get their roofs ripped off. Why that one? Who knows?

Many groundbreaking, big-name cartoonists get snubbed their entire careers, yet the list of winners includes many forgotten even to geeks of the genre — who remembers Edmund Valtman and Casey Orr? One recent April, I had to Google the name of the winning cartoonist. In a profession with fewer than 30 full-timers, I’d never heard of him (nor had many of my colleagues).

To call the Pulitzers quirky would be putting it mildly. There are repeat finalists who never win the actual prize. An artist may make a big splash in a given year, creating a single piece or series of cartoons widely discussed in the media, yet get passed over, even as a finalist. When the winner is announced, whether we love the cartoonist’s work or think he or she is awful, the selection always feels like it comes out of left field — not least to the winner himself or herself. It’s like — really? Him? Me?

Disclosure: I have been a finalist once. Feel free to call it sour grapes — you wouldn’t be the first. But not every cartoonist has gotten to be a finalist, so I have little reason to complain (not that it stops me).

Truth is, I’m fascinated by systems, particularly those in which subjective human beings are assigned to decide objective truths; whether it’s guilt or innocence at trial or who drew the best cartoons over a 12-month period, I am fascinated by process (procès is the French word for trial.)

Alongside my colleagues I have studied and discussed the outcome of the Pulitzer Prize for my category (editorial cartooning) for more than 20 years. It’s an obsession, and perhaps not a good for my psyche, but there it is. Over the years, many members of the cartooning award committee, which picks the three finalists, have confided the details of their deliberations. I know how they winnow down stack of entries down to a small group of contenders, what criteria they consider, how they discuss their final choices.

So what accounts for the Prize’s wild unpredictability?

For a long time, I was convinced that the explanation for Pulitzer weirdness lay primarily with process.

You’d think every committee member would look at every entry, right? No. To make the job easier, committees some years divvy up the entries among the jurors. Let’s say there are 80 entries and four jurors. Each juror reads his 20-share of entries, then divides them into “yesses” and “nos.” The yes entries go the next round while the nos are purged. The other jurors will never see a portfolio rejected in the first round. Since the identity and the tastes of the juror who first (and second, and third) winds up with your portfolio, luck plays a big role.

Some years, the committee comes up with an ad hoc point system to winnow down the stack of entries: rank quality of drawing between 1 and 10, say, and quality of the writing between 1 and 5, and add the two together. Points are a sort of math, so they feel rational, but of course they’re inherently arbitrary.

I have disabused myself of the notion that Pulitzer committee members want to send some sort of message, as in “it’s time that a woman won,” or a young person, or a Republican (though that last one is highly unlikely, because only 7% of American journalists identify with the GOP). Everyone I’ve talked to who has sat in the room has told me that making a statement isn’t a major consideration, and I believe them. In fact, they usually don’t spend much time talking to each other.

I’ve heard some crazy stories.

The big one comes up every year: what with everyone in a hurry to make it to the open bar, judges rush through the process. If you’re a long-winded, wordy cartoonist, your stuff might not get read.

One year, I was told, all the entries by the “young” (i.e., under age 45) cartoonists were set aside because one of the judges couldn’t understand them, with the agreement that, later in the winnowing-down process, the youngsters would be revisited. Everyone forgot.

Every year, at least one of the jurors has never seen a political cartoon before, and has to have the form explained to him or her by other jurors. No one suggests that the judge recuse himself.

Where I am now — and this could change — is that the choice of jurors determines the winners. Specifically, and especially in the cartooning category, jurors have no taste.

Please understand! I am not saying this colloquially, as in, they have bad taste. That is not what I mean.

What I mean is that the Pulitzer jurors have no taste.

They don’t know anything about cartoons.

To have bad taste as a judge, one must possess knowledge about a subject. For example, were I to judge the Heisman Trophy, I would need to know a lot about football, especially about up-and-coming college players. If I had bad taste, I would, as a well-informed panelist, give the trophy to a player who didn’t deserve it. However, I don’t know anything about football. I don’t watch it or even read about it. I don’t even know the names of all the teams. I should not judge the Heisman Trophy because I am an idiot when it comes to football.

I have no taste in football. Indeed, to have bad taste in football would reflect a massive increase over my current knowledge.

Every year, an examination of the list of Pulitzer Prize jurors in the editorial cartooning category reveals a startling absence of basic knowledge, much less expertise, about editorial cartoons.

The United States has two dozen or so professional political cartoonists and perhaps an additional two dozen comics museum curators, academics and editorial cartooning historians. For reasons unknown, the Pulitzer folks carefully avoid inviting any of these people, who live and breathe comics, to judge the cartoon category.

This year, one of the jurors was a freelance tech writer who has written a handful of short bits about cartooning-related controversies but no, as far as I can find online, analysis or reviews. The committee for 2014 also included an adjunct curator of comics — perhaps the chief curator was busy — for an institution that doesn’t have, you know, an actual comics museum.

There was also a pair of executive editors. Unlike opinion editors and editorial page editors, executive editors don’t deal with actual cartoons on the job. They don’t choose cartoons, or work with a staff cartoonist. Indeed, these two executive editors work at papers that don’t have a cartoonist, and run few if any syndicated cartoons.

The committee’s chairman is the editor-in-chief — a position that doesn’t work with cartoons — for a paper, in San Antonio, that fired its cartoonist years ago, and never replaced him.

A two-time Pulitzer-winning political cartoonist did judge the Pulitzer this year — but not in the cartoon category.

Quirky!

What you have, then, are five people, chosen basically at random off the streets, asked to look at more than a thousand cartoons and decide which ones they like best.

“I like this one.”

“Funny!”

“Yeah.”

To be fair, other categories have fewer spectacularly unqualified jurors. Breaking news photography was judged by five photographers. Poetry, by two literature professors and a poetry columnist. History, by three historians.

Each committee of judges sends its three finalists up to the big Pulitzer Board who can select one winner, decide not to award the prize in that category at all, or select some random fourth winner outside of the three finalists.

If that’s not random enough for you, the eclectic group of editors, academics and journalists who comprise the Pulitzer Board decide winners of prizes in everything from best editorial writer to best biography to best play to best poet to best cartoonist.

These are not stupid people. But they’re also not experts in the subjects they’re asked to judge.

Steve Coll’s writing on the Middle East, South Asia and the war on terror is some of the best. But I’m not sure I trust him to pick the best editorial cartoon AND the best poem out of the, oh, two of each he reads of them each year. Because he’s an editorial page editor, I’d have faith in Paul Gigot to judge political cartoons, except for the fact that he’s at The Wall Street Journal, which doesn’t publish any. I love Gail Collins’ columns for The New York Times, but I’ve read her for decades — and never once has she mentioned political cartoons, which leads me to doubt she follows them attentively.

Assign random judges to carry out random judging processes and you get random outcomes. That’s my theory.

For now. It could change.

Because it’s all so incredibly weird.

To paraphrase Elvis Costello, I used to be disgusted. But hey — now I get it. They’re not ruling against me! It’s all random. Who knows? Maybe I’ll win! Or not. Whatever, it’s. All. Random.

Now I’m highly amused.

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