Who is Rick White and Why is He Spamming Me?

If you attended the US Social Forum, then you probably met your share of wackos. If you submitted a workshop proposal, then you probably are getting email from said wackos. One of them is Rick White, and, to answer my question, he's a public relations guy in Atlanta. He may or may not be a wacko, but he's definitely a spammer and possibly a bit of a hack.

White works for a public relations company called Alisias. One of Alisias's clients is the Atlanta Housing Authority. Other Alisias clients included the Lamar Willis Foundation, When I googled him and the company I came upon an email exchange related to the technology of the US Social Forum. The spamming came to light before the forum as evidenced in this blog by Ana. Apparently, Rick believes it's OK to keep spamming.

I emailed him a list of questions back on January 1, but haven't heard from him. I'm putting the full email below. What can we learn from this? 1) the Atlanta Housing Authority doesn't know good public relations from a hack job. 2) spam doesn't work for politics (but maybe for viagra sales). Most important, though, is 3) anything you put on the internet stays on the internet.

Here's the email sent to Rick White:

Hello Mr. White,
I have received emails from you about Bowen Homes. I don't recall ever meeting you, talking with you, or emailing with you before now. I was curious why and how you got my email so I googled you. From what I can gather from an email exchange with members of the USSF technology group, you pulled my email from the forum website. I intend on writing about this for my blog (organizethesouth.blogspot.com) and want to be fair. Can you answer some questions for me?
  • Can you confirm you work for the public relations firm Alisias?
  • Is the Atlanta Housing Authority one of your clients?
  • Did you pull down emails from the Social Forum website? Are you sending email bursts to this list on behalf of AHA?
  • Were you hired by Alisias to attack the Forum? If not, what were you hired to do?
  • Were you asked by the USSF technology group to stop spamming?
  • Did you make an agreement to delete emails pulled off the USSF site? Did you delete those emails?
Thank you for your response. I look forward to hearing from you soon.

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Got an Issue? Make It a Priority

Poor People's Day has been an annual event in Georgia for more than 25 years. For one or two days low-income people, workers, organizations, and others from around the state have gathered together to share information and to make voices heard at the state legislature. Past events have seen us block the governor's office, bum rush a state legislator backing a pro-poverty bill, hold press conferences on misuse of funds, pack a committee meeting, and other fun stuff.

This year things are a little different, but the intent is still the same. Saturday, January 26 we will have the People's Assembly. Folks from around the state will caravan from the capitol to the assembly site, stopping at sites of local struggle. Join us!

You can also make your voice heard now. We have launched the People's Ballot, a chance for anyone living in Georgia to rank their issues in priority. Care about raising the minimum wage? Bringing US troops home? Something else? Put it on the ballot. You can get a copy of the ballot by going online at http://www.surveymonkey.com/s.aspx?sm=elK_2fGeRF3KqSAu32l0qdJA_3d_3d

or you can call the Georgia Citizens' Coalition on Hunger at 404.622.7778 for a hard copy by mail. Lastly, you can email me at this site and I'll send you a pdf of the ballot.

More information on the Caravan and the Assembly are below.

What: A Poor People's Caravan and People's Movement Assembly
When: Saturday, January 26th, 2008 - The World Social Forum's Global Day of Action
Where: The Caravan will take place in Downtown Atlanta, passing by significant sites of struggle. Then we will rally at the Capitol and travel together to the Hunger Coalition to participate in the first ever Poor People's Movement Assembly.
Who: Grassroots folks from all over the State, educators, organizers, community-based organizations, community members, familiesÅ folks building Another World!

In the spirit of the Poor People's March on Washington 40 years ago, we are taking to the streets with a powerful caravan. In the spirit of bringing together movements from all over the country this summer at the first US Social Forum, we are bringing GEORGIA together for a Poor People's Assembly to demand action & create a more unified vision. In the spirit of bridging local struggles to global movements, we are answering the World Social Forum's call for Global Days of Action. Atlanta is one of the first US cities standing with people from all over the world on this day of action, January 26. Join us.

State to Grady: You have to kiss more ass

By now the atrocious vote to privatize Grady is general knowledge. What I find interesting is this story by the AJC about how state legislators think they are the ones getting a raw deal.

Right off the bat the story shows the AJC slant towards privatization. The first sentence reads, "On a day when Grady supporters should have been triumphantly plotting a bright future for the rescued hospital..." Apparently it's objective fact that 1) the day was triumphant, 2) the hospital was "saved," and 3) supporters of the hospital are pro-privatization. In hockey getting 3 goals is s called a hat trick, but at the AJC it's just called journalism.

Still, the funniest part of the story is reading about all the poor, defenseless politicians who are outraged (outraged I tell you!) at being given a demand.
"I have no intention of signing an unenforceable document that seeks to bind the state to a specific, annual appropriation," said Gov. Perdue. House Majority leader Jerry Keen hinted the deal puts everything back at square one. These drama kings are reacting to the privatization resolution that requested the hospital get state money. Imagine that? A public hospital serving poor people from across the state getting public money from across the state. Shocking, isn't it?

Hopefully, the community can still kill this plan before it goes forward. It look likes the state wants a private hospital that makes money for campaign donors. That is the free-market system at work. The poor, apparently, are free to die.

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Rethinking Thanksgiving

I know that holiday is over and we're all moving into Christmas. However, this is a really well-written piece and I couldn't let it go. Happy Holidays.

Why We Shouldn't Celebrate Thanksgiving
By Robert Jensen
Posted on November 22, 2007, Printed on November 27, 2007 http://www.alternet.org/story/68170/

After years of being constantly annoyed and often angry about the historical denial built into Thanksgiving Day, I published an essay in November 2005 suggesting we replace the feasting with fasting and create a National Day of Atonement to acknowledge the genocide of indigenous people that is central to the creation of the United States.

I expected criticism from right-wing and centrist people, given their common commitment to this country's distorted self-image that supports the triumphalist/supremacist notions about the United States so common in conventional politics, and I got plenty of such critique. But I was surprised by the resistance from liberals, including a considerable number of my friends.

The most common argument went something like this: OK, it's true that the Thanksgiving Day mythology is rooted in a fraudulent story -- about the European invaders coming in peace to the "New World," eager to cooperate with indigenous people -- which conveniently ignores the reality of European barbarism in the conquest of the continent. But we can reject the culture's self-congratulatory attempts to rewrite history, I have been told, and come together on Thanksgiving to celebrate the love and connections among family and friends.

The argument that we can ignore the collective cultural definition of Thanksgiving and create our own meaning in private has always struck me as odd. This commitment to Thanksgiving puts these left/radical critics in the position of internalizing one of the central messages promoted by the ideologues of capitalism -- that individual behavior in private is more important than collective action in public. The claim that through private action we can create our own reality is one of the key tenets of a predatory corporate capitalism that naturalizes unjust hierarchy, a part of the overall project of discouraging political struggle and encouraging us to retreat into a private realm where life is defined by consumption.

So this November, rather than mount another attack on the national mythology around Thanksgiving -- a mythology that amounts to a kind of holocaust denial, and which has been critiqued for many years by many people -- I want to explore why so many who understand and accept this critique still celebrate Thanksgiving, and why rejecting such celebrations sparks such controversy.

Once we know, what do we do?

At this point in history, anyone who wants to know this reality of U.S. history -- that the extermination of indigenous peoples was, both in a technical, legal sense and in common usage, genocide -- can easily find the resources to know. If this idea is new, I would recommend two books, David E. Stannard's American Holocaust: Columbus and the Conquest of the New World and Ward Churchill's A Little Matter of Genocide. While the concept of genocide, which is defined as the deliberate attempt "to destroy, in whole or in part, a national, ethnical, racial or religious group," came into existence after World War II, it accurately describes the program that Europeans and their descendants pursued to acquire the territory that would become the United States of America.

Once we know that, what do we do? The moral response -- that is, the response that would be consistent with the moral values around justice and equality that most of us claim to hold -- would be a truth-and-reconciliation process that would not only correct the historical record but also redistribute land and wealth. In the white-supremacist and patriarchal society in which we live, operating within the parameters set by a greed-based capitalist system, such a process is hard to imagine in the short term. So, the question for left/radical people is: What political activity can we engage in to keep alive this kind of critique until a time when social conditions might make a truly progressive politics possible?

In short: Once we know, what do we do in a world that is not yet ready to know, or knows but will not deal with the consequences of that knowledge?

The general answer to that question is simple, though often difficult to put into practice: We must keep speaking honestly, as often as possible, in as many venues as possible. We must resist the conventional wisdom. We must reject the cultural amnesia. We must refuse to be polite when politeness means capitulation to lies.

I have not always been strong enough to meet even these basic moral obligations. Most of us in positions of unearned privilege and power would be wise to avoid pontificating about our moral superiority and political courage, given our routine failures. Can any of us not point to moments when we went along to get along? Have any of us done enough to bring our lives in line with the values we claim to hold?

Still, we need to help each other tell the truth, even when the truth is not welcome.

The illusion of redefining Thanksgiving

Imagine that Germany won World War II and that a Nazi regime endured for some decades, eventually giving way to a more liberal state with a softer version of German-supremacist ideology. Imagine that a century later, Germans celebrated a holiday offering a whitewashed version of German/Jewish history that ignored that holocaust and the deep anti-Semitism of the culture. Imagine that the holiday provided a welcomed time for families and friends to gather and enjoy food and conversation. Imagine that businesses, schools and government offices closed on this day.

What would we say about such a holiday? Would we not question the distortions woven into such a celebration? Would we not demand a more accurate historical account? Would we not, in fact, denounce such a holiday as grotesque?

Now, imagine that left/liberal Germans -- those who were critical of the power structure that created that distorted history and who in other settings would challenge the political uses of those distortions -- put aside their critique and celebrated the holiday with their fellow citizens, claiming to ignore the meaning of the holiday created by the dominant culture.

What would we say about such people? Would we not question their commitment to the principles they claim to hold? Would we not demand a more courageous politics?

Comparisons to the Nazis are routinely overused and typically hyperbolic, but this is directly analogous. These are fair, albeit painful, questions for all of us.

Left/liberals who want to claim they are rejecting that European-supremacist and racist use of Thanksgiving and "redefining" the holiday in private clearly avoid the obvious: We don't define holidays individually -- the idea of a holiday is rooted in its collective, shared meaning. When the dominant culture defines a holiday in a certain fashion, one can't pretend to redefine it in private. One either accepts the dominant definition or resists it, publicly and privately.

Of course people often struggle for control over the meaning of symbols and holidays, but typically we engage in such battles when we believe there is some positive aspect of the symbol or holiday worth fighting for. For example, Christians -- some of whom believe that Christmas should focus on the values of universal love and world peace rather than on orgiastic consumption -- may resist that commercialization and argue in public and private for a different approach to the holiday. Those people typically continue to celebrate Christmas, but in ways consistent with those values. In that case, people are trying to recover and/or reinforce something that they believe is positive because of values rooted in a historical tradition. Those folks struggle over the meaning of Christmas because they believe the core of Christianity is experienced through the people we touch, not the products we purchase. In that endeavor, Christians are arguing the culture has gone astray and lost the positive, historical grounding of the holiday.

But what is positive in the historical events that define Thanksgiving? What tradition are we trying to return to? I have no quarrel with designating a day (or days) that would allow people to take a break from our often manic work routines and appreciate the importance of community, encouraging all of us to be grateful for what we have. But if that is the goal, why yoke it to Thanksgiving Day and a history of celebrating European/white dominance and conquest? Trying to transform Thanksgiving Day into a true day of thanksgiving, it seems to me, is possible only by letting go of this holiday, not by remaining rooted in it. If there were a major shift in the culture and a majority of people could confront these historical realities, perhaps the last Thursday in November could be so transformed. But that shift and transformation are, to say the least, not yet here.

For too long, I ignored these troubling questions. To get along, I went along. I buried my concerns to avoid making trouble. But in recent years that has become more difficult. So, this year I want to acknowledge my past failures to raise these issues and commit not only to renouncing Thanksgiving publicly but also to refusing to participate in any celebration of it privately.

The choices: Make people comfortable by engaging or by disengaging

Obviously there are people in the United States -- indigenous and otherwise -- who do not celebrate Thanksgiving or who mark it, in private and/or in public, as a day of mourning.

Also obvious is that there are people who may not have a family or community with which they celebrate such holidays; it's important to remember that there are people on such holidays who are alone and/or lonely, and to them these political questions may seem irrelevant.

But for those of us who do get invited to traditional Thanksgiving Day dinners, how do we remain true to our stated political and moral principles? I think we have two choices.

We can go to the Thanksgiving gatherings put on by friends and family, determined to raise these issues and willing to take the risk of alienating those who want to enjoy the day without politics. Or, we can refuse to go to such a gathering and make it known why we're not attending, which means taking the risk of alienating those who want to enjoy the day without politics.

This year, I've decided to disengage and explain why to the people who invited me. These are people I love, yet who have made a different decision. My love for them has not diminished, and I trust the conversation with them about this and other political/moral questions will continue.

Once I make that decision, of course, I also have the option of participating in a public event that resists Thanksgiving. I'm not aware of one happening in my community, and because of commitments to other political projects, I didn't feel I could organize an effective event in time for this Thanksgiving Day. But on the assumption that others may feel this way, I have started thinking about what kind of public gathering could make such a political statement effectively, and in the future I hope to find others who are interested in such an event locally.

So, what will I do on Thanksgiving Day this year? I'll probably spend part of the day alone. Maybe I'll take a long walk and think about all this. I'll try to be kind and decent to the people I bump into during the day. I'll miss the company of friends and family who are gathering, and I'll try to reflect on why I've made this choice and why this question matters to me. I'll think about why others made the choices they made.

But this year, whatever I do, I won't celebrate Thanksgiving. I'm going to let that parade pass me by.

Robert Jensen is a journalism professor at the University of Texas at Austin, and the author of, most recently, Getting Off: Pornography and the End of Masculinity (South End Press, 2007).

© 2007 Independent Media Institute. All rights reserved.
View this story online at: http://www.alternet.org/story/68170/

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GLOBAL WOMEN'S STRIKE IN ATLANTA

GLOBAL WOMEN'S STRUGGLES FOR DEMOCRACY
A Lecture & Discussion with Selma James & Andaiye

SUNDAY, NOVEMBER 25th, 11:30am
ATLANTA FRIENDS MEETING HOUSE
701 West Howard Avenue
Decatur, Georgia
Location information contact: 404-377-2474 or afmquakers@hotmail.com

The Onyx Foundation: is excited to announce co-sponsorship, with the Atlanta Friends Meeting House, of a lecture by pathbreaking Feminist Movement theorists and activists Selma James and Andaiye. They are touring the United States to mark the 35th anniversary of the International Wages for Housework Campaign, which Selma James founded, and to speak to anti-sexist, anti-racist and anti-war women and men in North America.

Selma James is an activist, author, strategist, critical thinker, women's rights and anti-racist campaigner, colleague and partner of C.L.R. James. In 1972 she founded the International Wages for Housework Campaign, and has coordinated the Global Women's Strike since 2000. She is the co-author of The Power of Women and the Subversion of the Community (1972), and author of Sex, Race and Class (1974), both classics, and also co-author of The Milk of Human Kindness (2002). Ms. James is a dynamic and exciting speaker who impresses audiences with the depth of her understanding and the scope of her interests. She has worked with democratic struggles in Venezuela since 2002.

Andaiye is co-founder and international coordinator of Red Thread (RT) in Guyana. RT began as a self-help income-generating group bringing low-income women together across violent racial divides. It has always given a voice to all grassroots women: Indo- and Afro-Guyanese as well as Indigenous. Andaiye is the author of The Valuing of Unwaged Work, an analysis of the cost to women in the Caribbean of structural adjustment policies. She represented CARICOM at the United Nations World Conference on Women in Beijing in 1995, leading the negotiations which resulted in the agreement among governments, including the U.S. government, to measure and value unwaged work. In 1979, she was also a founding member and leader of the Working People*s Alliance in Guyana along with activist and historian Walter Rodney, author of How Europe Underdeveloped Africa.

My Prayer Perdue Will Do His Job

Once again a southern state is a national laughingstock. This time we get to thank Gov. Perdue who led a prayer for rain on the capitol steps. Asking for God's help in ending the drought wouldn't have been on my top 10 ideas of things to help Georgia right now. You know what would be number 1 on that list? A water plan. Maybe God will give Perdue one. Can we bow our heads?

It did rain that night, more than an inch in some places. This would be more impressive if weather forecasting hadn't been invented. You see, rain was forecast before the vigil. Check out the last paragraph in the UPI story cited above. If you're interested, here's a good site analyzing the rainfall. Still, in the off chance this works, here's my prayer for Georgia:

Dear God (or Allah, or Goddess, or Flying Spaghetti Monster, or whatever),

Please help Georgia survive idiotic politician unable to manage the basic functions of governing.

Please help the people of Georgia deal with stupid elected officials who, instead of doing their job, instead engage in photo opportunities designed to deflect attention from the fact they haven't been doing their job.

Oh mighty Lord (or insert whatever here), please grace us with the patience to accept the stupid people we cannot change, the stupid politicians we can change, and the wisdom to know the difference.

And would it kill you cut the Falcons some slack?

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Dude, I'm Almost Famous

Well, no, I'm not really almost famous. However, I am a regular contributor to the Movement Vision Lab Blog. My first article, Banging Heads Against the Wall: Why the Peace Movement Won't Stop the Occupation of Iraq, is about...well it's about why the peace movement won't stop the occupation of Iraq. More to the point, I guess, it's a critique of anti-war strategy.

The Movement Vision lab is a project of the Center for Community Change. They are attempting to start a progressive dialog on a number of topics and have asked organizers and activists from around the country to contribute essays. They wanted some controversy, and I guess that's why they asked me. I've written a few essays for them and they will be posted over the coming few weeks. Please take a few moments to check out the site and maybe post a comment or two. Thanks.

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Jerry Keen: Liar or Hypocrite?

There chutzpah and then there's politician chutzpah. Rep. Jerry Keen (R-St. Simons) has gone beyond even politician chutzpah in his blathering support of Rep. Glenn Richardson's stupid idea to raise taxes (called the GREAT tax).

Keen is a ardent supporter of tax reform. Of course, when elected officials (especially ones who live in areas more than 90% white and with household incomes 25% than the rest of Georgia) talk about tax reform it's best to grab one's wallet and load the shotgun. Keen wants to eliminate the state personal income tax. Since the income tax is one of the fairest taxes available, ending it effectively shifts payment burden to lower income people. (You can learn more about taxes at www.nontrivialpursuits.org, but I recommend the printer friendly version since they don't know much about web design.) In short, Keen wants to make sure he and his rich neighbors hand their tax bill over to us. No thank you, Mr. Keen.

None of this, however, is an example of chutzpah. It's just an example of conservative politics. Keen's chutzpay is on display in an article on the 11alive website. Towards the end of the article Keen begins talking about why the idea should be on the ballot. He says:

"there is no more local control than having the local taxpayers and citizens be able to weigh in. And whether you agree or disagree with the plan, I cannot imagine an elected official at any level who would stand up and say, 'I don't want the citizens of my city and county to have the ability to vote and choose.'"
Why chutzpah? Because I remember 2005 when the same Rep. Keen told the people of Georgia to go jump in a lake. The issue then was the living wage bill and HB 59 which made it illegal for local governments to give contractual preferences to companies that pay living wages (i.e. not increase poverty). Rep. Keen voted for the bill. He apparently believed it better for the legislature to decide how local government should run and that local taxpayers and citizens should NOT to weigh in. Who else would know better about how Atlanta contracts should be given out then someone living in St. Simons?

Right now the only question is whether Keen is a liar or hypocrite. Rep. Keen please repeat this sentence: I don't want the citizens of my city and county to have the ability to vote and choose.

Latest Georgia Blog Carnival Out

Find out about blogs all over Georgia by checking out the Georgia Blog Carnival. It has a good round up of entertainment, political, and other types of blogs.

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Tinkering with the Dumbest Idea?

There is a story in The Anderson Independent Mail reporting on Rep. Jeanette Jamieson (D-Toccoa) misgivings about Rep. Glenn Richardson's dumb idea to raise taxes. The paper calls it the "fair tax proposal" which I guess is a good example of objectively reporting whatever someone says without checking up on it. That's a side issue though. What worries me is that Jamieson doesn't say she thinks the bills is stupid, she says it needs some tinkering. That could be legislator speak for, "I'm going to amend this to death." But that could also be, "I want to amend it so it doesn't screw my people." The language worries me. Anything short of an emphatic statement saying this is a stupid idea and should die a thousand deaths worries me.

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Steve Bright Editorial on Brian Nichols Case

This is reprinted in full from the AJC. Thanks to Sara for sending it out.

Let's try Brian Nichols properly the first time

By STEPHEN B. BRIGHT
Published on: 11/07/07

The case of Brian Nichols, who is to be tried for escaping and killing four people, including a judge, may cost Georgia more than money.

The suggestion being made by legislators that the presiding judge should be impeached because of unpopular rulings is a serious threat to judicial independence and the rule of law.

John Spink/Staff
Defense members Penelope Marshall (left), defendant Brian Nichols and attorney Jacob Sussman listen as jury selection gets underway. One of his four attorneys is working for free and a second has slashed rates.
Stephen B. Bright is president and senior counsel of the Southern Center for Human Rights in Atlanta.

The case is damaging the state's new public defender system, which was given $4.5 million to provide lawyers to defend capital cases — a job that would cost over $12 million even without an extraordinary case like Nichols.

And with the case has come a return to old-time demagoguery in which legislators do not provide the public defender agency the money to do its job and then berate it for not being able to do it.

A committee of the Georgia House of Representatives is supposedly investigating spending for defending Nichols and considering recommending the impeachment of the presiding judge.

However, any responsible legislative investigation would not take place until after the trial and it would include the expenses of the prosecution as well as the defense. The district attorney is spending far more in prosecuting Nichols than his lawyers have spent defending him.

As Judge Hilton Fuller has observed in orders regarding funding for the defense, the cost of defending the case is influenced by what the prosecution spends on various experts, such as a doctor from Connecticut, the number of witnesses it plans to call (possibly as many as 400 in a case that could be proven with 10), and the scope of the investigation conducted by the FBI, the Georgia Bureau of Investigation and other law enforcement agencies.

It has been suggested by legislators and even one judge that the expenses for the defense of the case approved by Fuller are excessive. But their criticisms are uninformed. None of them know what expenses have been allowed and the legal reasons for allowing them.

The critics and the Fulton County District Attorney want to treat the Nichols case like any other case. However, it is an extraordinary case that requires lawyers with the time and ability to defend it and the payment of expenses necessary for it to be tried fairly.

Lawyer must be capable

Everyone may not agree that a person who cannot afford a lawyer to defend himself at a death penalty trial should be provided one by the state. But the courts have held that the constitutions of Georgia and the United States require it. Like it or not, agree or disagree, trial judges must follow the law. Critics have the luxury of ignoring the constitutional requirements. Judges do not.

The right to a lawyer would be meaningless unless the lawyer is capable of defending the case. A lawyer capable of handling a drunk driving case may not be able to handle a death penalty case. And even lawyers capable of handling some death penalty cases may not be able to handle an extraordinary case like the Nichols case. Two lawyers may be enough for most penalty cases, but four defense lawyers may be required for the extraordinary case, just as five prosecutors may be required.

Both the U.S. Supreme Court and the Georgia Supreme Court have held that a defendant must be provided funds for expert witnesses, investigation and other expenses that are necessary for a fair trial. Both courts require trial judges to rule on whether such expenses are to be allowed only after considering a detailed showing by the defense lawyers that such expenses are required for a fair trial. That showing may require the defense lawyers to reveal to the judge attorney-client communications and other confidential information.

The applications and the rulings regarding expenses are not made public until after trial. The reason is fairness. Otherwise, people with court-appointed lawyers would be forced to reveal confidential information and their strategies to the prosecution. A person who hires a private lawyer is never required to disclose this information. Requiring those who cannot afford lawyers to disclose confidential information and their strategies would be contrary to the most basic notions of equal treatment of people accused of crimes.

Alday case a warning

It is impossible to say whether Fuller has been right or wrong in his rulings or whether other judges would have treated them differently without knowing what expenses he has approved, which he has denied and the reasons for his rulings.

The same criticisms that are now being made regarding the Nichols case were made with regard to the expenses for the defense of Timothy McVeigh in the Oklahoma City bombing case. McVeigh was provided a team of highly respected and well-paid lawyers as well as funds for experts and other expenses. Federal Judge Richard Matsch refused to make public his rulings for funds for McVeigh's defense public despite clamor from politicians that he do so. McVeigh's trial was ruled a fair one, and he was put to death.

Those who would rush Nichols to trial without paying the expenses necessary for a fair trial are willing to risk the case later being reversed if appellate courts find that he did not get a fair trial.

The last time a Georgia judge treated an extraordinary case like Nichols as just another case and tried it on the cheap, it took a lot longer and cost a lot more than it should have. That was the prosecution of three people who escaped from a prison in Maryland, fled to Georgia and killed six members of the Alday family in southwest Georgia.

The local judge appointed local lawyers over their protests and denied a change of venue. The three were swiftly convicted and sentenced to death. But 11 years later, the federal courts reversed the convictions for denial of a change of venue, one of several denials of fairness in the cases. The cases had to be tried again.

The second time, a different trial judge appointed lawyers from throughout the state with experience in defending capital cases to represent the defendants, paid the lawyers for their work and ordered adequate funding for experts and investigation.

All three were convicted and one, Carl Isaacs, was sentenced to death. (The other two were sentenced to life imprisonment, showing that competent lawyers and fair trials make a difference.) All the convictions were upheld on appeal and Isaacs was executed in 2003. It would have made more sense to do it right the first time. And Isaacs would have been executed at least 15 years earlier.

Trial could be reversed

The Nichols case, like the Alday case, is an extraordinary case — the kind we wish never occurred, but unfortunately they do, every 30 years or so. They cost more to prosecute and to defend.

The district attorney, Paul Howard, is certainly treating the Nichols case as an extraordinary case, assigning more members of his staff to prosecute it than other murder cases and spending more on it than on other cases. Any judge presiding over the case must recognize reality and treat it as an extraordinary case to defend.

If lawyers, experts and expenses are not paid to secure a fair trial for Nichols, one of two things will happen. The trial may be delayed until funds become available because there is no point in having a trial without the investigation, the expert witnesses and the other things the court has ruled are necessary for a fair trial. By definition, the trial cannot be fair. The other alternative is to conduct a trial, get verdicts that will be reversed later and have another trial in 10 or 15 years.

If the case is reversed, it will not be on a "technicality." The right to a fair trial, guaranteed by the constitutions of Georgia and the United States, is not a "technicality" any more than the right to free speech is a "technicality." A fair trial is the most basic difference between a fair judicial proceeding and a lynching, between the rule of law and the rule of the mob.

Case could damage system

It has been suggested that the lawyers in the Nichols case are making it more expensive than it should be in order to discourage the prosecutors from seeking the death penalty. If that is so, they are going about it in an odd way. One of the four defense lawyers is a distinguished former federal defender for Delaware, who is working on the case for free. Another defense lawyer has voluntarily reduced his hourly fee from $160 to $125 and then to $95.

Lawyers do not normally work for free or for such reduced rates. (It is easy to verify this — call any law firm in Atlanta and see what kind of legal services you can get for $95 an hour.) I am not aware of any members of the prosecution team who are working for free or who have voluntarily reduced their salaries in order to save the state money in its prosecution of Nichols. Nor am I aware of any expert witness on either side who has volunteered his or her services to save the state and county money. Only two of the defense lawyers are doing that.

The problems that have been encountered in the Nichols case may have been anticipated by Fulton County District Attorney Lewis Slaton and may have contributed to his decisions not to seek the death penalty for Wayne Williams for the Atlanta child killings in the 1980s.

Slaton was a tough prosecutor and highly respected. He continued to serve as district attorney long after Williams was convicted and sent away. The courthouse is named for him. But with his office came a higher responsibility than playing to the crowd at the expense of the court system and the community. He put Williams behind bars, punished him for what he did and protected the community without the damage to the system that the Nichols case is causing.


Even More on the Dumb Idea

I read about a poll on Richardson's plan to raise taxes on AJC Insider. 58% support for the plan seems low considering there are few details about it released. However, 29% also seems low to me. I would figure the undecideds wouldn't be so high, but this may also be related to the lack of information about this stupid idea.

What I found even more interesting though were the comments at AJC Insider. There seems to be one conversation about the tax plan and a separate one on immigration. What immigration has to do with the tax plan is unclear, but xenophobia is based on irrational fear.

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Genarlow Wilson Released! Yes, Sometimes We Win

This reported in the Associated Press. Makes for a good week.


Ga Court: Release Man Jailed in Sex Case

ATLANTA (AP) — Georgia's Supreme Court on Friday ordered the release of a young man who has been imprisoned for more than two years for having consensual oral sex with another teenager.

The court ruled 4-3 that the 10-year sentence Genarlow Wilson received was cruel and unusual punishment, and it directed a lower court to reverse the conviction and release him.

Wilson's lawyer, B.J. Bernstein, said she expected Wilson would be released Friday afternoon from the Al Burruss Correctional Training Center in Forsyth, Ga.

"His mother is just thrilled. We're all in a little bit of shock," Bernstein said.

Wilson, 21, was convicted of aggravated child molestation following a 2003 New Year's Eve party at a Douglas County hotel room where he was videotaped having oral sex with a 15-year-old girl. He was 17 at the time.

Wilson was acquitted of raping another 17-year-old girl at the party.

The 1995 law Wilson violated was changed in 2006 to make oral sex between teens close in age a misdemeanor, similar to the law regarding teen sexual intercourse. But the state Supreme Court later upheld a lower court's ruling which said that the 2006 law could not be applied retroactively.

Chief Justice Leah Ward Sears wrote in the majority opinion that the changes in the law "represent a seismic shift in the legislature's view of the gravity of oral sex between two willing teenage participants."

Sears wrote that the severe punishment makes "no measurable contribution to acceptable goals of punishment" and that Wilson's crime did not rise to the "level of adults who prey on children."

State Attorney General Thurbert Baker said he accepts Friday's ruling.

Baker said he hopes the ruling will "put an end to this issue as a matter of contention in the hearts and minds of concerned Georgians and others across the country who have taken such a strong interest in this case."

The man who prosecuted Wilson, Douglas County District Attorney David McDade, said that while he disagrees with the court's decision, "I also must respect their authority as the final arbiter in this case."

Wilson's supporters were jubilant.

"It's been a long time coming," said U.S. Rep. John Lewis, an Atlanta Democrat. "Each day that this young man spent in prison was a day too long."

Civil rights activist Jesse Jackson, who is visiting Georgia this week, called for an end to mandatory minimum prison sentences.

State lawmakers announced they had raised $4,000 toward a scholarship fund for Wilson, and Jackson promised another $5,000 from the Rainbow/PUSH organization.

The state Supreme Court had turned down Wilson's appeal of his conviction and sentence, but the justices agreed to hear the state's appeal of a Monroe County judge's decision to reduce Wilson's sentence to 12 months and free him. That judge had called the 10-year sentence a "grave miscarriage of justice."

Dissenting justices wrote that the state Legislature expressly stated that the 2006 change in the law was not intended to affect any crime prior to that date.

They said Wilson's sentence could not be cruel and unusual because the state Legislature decided that Wilson could not benefit from subsequent laws reducing the severity of the crime from a felony to a misdemeanor.

They called the decision an "unprecedented disregard for the General Assembly's constitutional authority."

Associated Press writers Dorie Turner in Atlanta and Ben Evans in Washington contributed to this story.

Angry About the Cost of the Nichols Case? Blame the Prosecutors!

Below is an article from the L.A. Times about the Nichols case. In it, House Speaker Rep. Glenn Richardson goes off about the cost of the defense. Those who follow state politics may recognize Richardson as a complete dumb ass. Of course, they would be right. Richardson is getting his butt kicked because he's promoting a stupid idea that will raise taxes.

In this case, however, Richardson is just jumping on the bandwagon. The fact is, there are two reasons this case is costing so much. One, it's a freakin' complicated case involving multiple jurisdictions, the federal government, and a huge media spotlight. Never mind that many of the folks who would usually be involved in the defense or prosecution in Fulton County could end up being called as witnesses. The second reason is the D.A.'s office. I firmly believe almost all problems with the criminal justice system are caused by either the legislature or the district attorneys. This case proves my point. The L.A. Times article has a paragraph (down towards the bottom of course) detailing how the D.A.'s office challenged one of the original lawyers, one who was on staff with the Public Defenders Standards Council. I don't believe the Council has even one backbone in the entire office, so they substituted all the lawyers with private (and costly) ones.

This is only one incident. Fulton County D.A. Howard, who never met a media frenzy he didn't like, has FIVE prosecutors on the case. Maybe he needs them, maybe not. But why isn't Richardson up in arms about those costs? Could it be because this case actually highlights what a dismal failure the legislature has done in funding public defense? That's not a problem with D.A.'s since they get a piece of almost all the action in the state, possibly including playground toughs taking milk money.

If the D.A. takes the death penalty off the table, the costs go way down. If he won't, then he should be blamed for the costs. If politicians want the ability to tramp human rights at will, they shouldn't complain that it costs a lot.


Costly trial puts heat on Georgia judge
By Richard Fausset, Los Angeles Times Staff Writer

October 26, 2007
ATLANTA -- Angered by the soaring cost of defending Georgia's most notorious murder suspect, state lawmakers said Thursday they would explore the possibility of impeaching the judge presiding over the case of Brian Nichols, the rape suspect who escaped from a courthouse in 2005 and allegedly killed a judge and three others.

Critics say DeKalb County Senior Judge Hilton Fuller has mismanaged the high-profile death penalty case. They are particularly incensed that he has allowed attorneys hired by the state's public defender program to rack up more than $1.2 million in pretrial expenses and fees.

The case has come to a halt because of disputes about those payments.

"How many more millions will be spent giving Brian Nichols a defense that no one, including the taxpayers, could afford for themselves?" said Republican House Speaker Glenn Richardson in a statement. "There are serious questions about the poor handling of public funds that need to be addressed. The law provides the House that authority, and we intend to investigate the matter."

Richardson said he planned to appoint a special committee, headed by attorney and Republican state House Majority Whip Barry A. Fleming, to investigate Fuller's handling of the trial and whether there was an "abuse of the system."

It was a rare move for a state legislature, and one that could raise thorny separation-of-powers issues. But Republican state Sen. Preston W. Smith said he feared other death-penalty defendants would take Nichols' lead and find a way to run up costs, making it difficult -- if not impossible -- for the state to prosecute capital cases.

"I'm concerned that the judge's behavior is going to lead to the system, as we know it, being dismantled," he said.

Fuller, a veteran judge known for his attention to detail, could not be reached for comment Thursday. He volunteered to preside over the Nichols trial in neighboring Fulton County because the county's entire Superior Court bench had recused itself from the case.

Nichols escaped from a deputy at his rape trial in a Fulton County courtroom. He then allegedly fatally shot the judge presiding over a case, a court reporter, a sheriff's deputy and a U.S. customs agent. Nichols' alleged crimes, and the manhunt that followed, shocked Atlantans and was covered by international news outlets.

Soon after Nichols' arrest, the Georgia Public Defender Standards Council assigned a team of salaried defense lawyers to the case, but prosecutors raised issues about the standing of one of the attorneys with the State Bar of Georgia, and moved to disqualify the entire public defender's program from the case.

The council withdrew the original lawyers, and in an abundance of caution, assembled a new team that included three outside lawyers who billed by the hour. Fuller approved those rates, which are as high as $175 per hour, in July 2005. By last August, according to court documents, they had billed for more than $700,000 in attorneys fees and $200,000 in expert fees.

Two of the defense attorneys contacted by The Times declined to discuss the case. But their colleague, North Carolina-based Henderson Hill, has argued that the prosecutors are to blame for the trial's high cost.

Fulton County Dist. Atty. Paul Howard's office has assigned five assistant prosecutors to the Nichols case. They filed a 54-count indictment and submitted the names of 300 potential witnesses. Defense attorneys argue that they need a budget that allows them to mount a sufficiently vigorous defense.

Howard declined to comment for this story. But in court filings, prosecutors argued that the defense was trying to give the impression that the case was "too expensive to try and the State should just take a plea."

The case is taking a toll on Georgia's public defender system. The Legislature cut the system's budget for the public defender's council about 20% this year. It owes the three outside attorneys more than $160,000, and has declined to pay, despite an order from Fuller.

On Oct. 17, Fuller halted the case after two days of jury selection after the defense attorneys asked that the funding issues be resolved. Fuller ordered the council's director, Mack Crawford, to a hearing to determine whether he was in contempt of court. The hearing was postponed, and a new date had not yet been set.

richard.fausset@latimes.com

Genarlow Wilson to be Released?

I just saw someone on CNN referring to Wilson ordered released. I don't know if this is true yet, or what the details are. One can only hope that this tragedy has finally come to an end.

More details on Wilson case available at www.wilsonappeal.com.

Fight for Living Wages at Agnes Scott

Atlanta Jobs with Justice has sent out a call for support for workers at Agnes Scott College. Friday, October 26 at 10:00 AM until 11:00 AM on the corner of E. College Ave. and S. McDonough. I'm reprinting the original call below. You can find some more information on the Agnes Scott Living Wage Blog, but it looks like it's a out of date.

Atlanta JwJ/Atlanta Transit Riders Union has been working with and supporting the Agnes Scott College worker/student Living Wage campaign for some time, because we understand that creating justice on this campus is morally correct, and it helps create conditions for justice elsewhere. And now, workers and students are asking for our support this Friday. They want to demonstrate to the ASC Board of Trustees that students, workers, and community favor human rights, over privilege and oppression.

The ASC Board of Trustees has been making empty promises to respect the dignity and the human rights of ASC workers by providing Living Wages & Decision Making Power. But thus far, they've done very little to live up to those promises. We know all too well about Atlanta's history of empty promises; they made promises at MARTA; they're making promises at Grady; Barney Simms and Renee Glover are making promises in Housing. None have ever or will ever be kept without our voices!

The Agnes Scott Living Wage Campaign is having a Rally on Friday, October 26th at 10:00 AM until 11:00 AM on the corner of E. College Ave. and S. McDonough. Please invite your friends to this event

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A Terrible Truth about a Dumb Idea

The online version of the Athens Banner-Herald ran an editorial by Jim Thompson. In it, Thompson tells a little bit about Glen Richardson showing up to a meeting of school superintendents to talk about his dumb idea.

For those who don't know, Richardson is proposing to raise taxes by saying he'll lower taxes. Specifically, he wants to eliminate the ad valorem taxes and the income taxes and replace it with an extended sales tax. The result will be higher taxes on more goods and services because the taxes Richardson wants to end bring in more revenue than what he wants to replace them with. The only way to prevent a huge budget shortfall is to raise taxes. Most people understand this. Richardson doesn't.

The Thompson editorial doesn't go into detail about how Richardson's plan went over. I wish it did. Instead, Thompson tells us about a nasty realization. Richardson can destroy the state and there's not much those who don't live in his district can do about it. Aack! There's some truth in the editorial, but only some. We who don't live in Hiram don't get to vote out Richardson. We do get to make noise though (at least until Bush decides the 1st amendment is too inconvenient).

Here's an idea: Get involved. Here are some ideas.

Poor People's Day. The next planning meeting is November 8 at 12:30 at 9 Gammon Ave., Atlanta 30315. There's no website yet, but you can email me at organizerdan at gmail dot com.

Georgia Budget & Policy Institute. They have a great analysis of Richardson's dumb idea. Check it out.

Georgia Rural Urban Summit. Not a huge grassroots group, but the lobbying they do is great. Larry is a gifted political analyst. You can also find links to groups all over Georgia.

Cobb County Action Alert

The Georgia Association of Latino Elected Officials (GALEO) is reporting that Cobb County law enforcement is targeting immigrant families, specifically Latin@s. There is a documentation campaign being coordinated by GALEO, MALDEF (Mexican American Legal Defense Fund), and GLAHR (Georgia Latino Alliance for Human Rights).

GALEO sent out an email. Here's the text:

------------

Greetings,

It has come to our attention by several sources and several independent accounts that Cobb County law enforcement appears to have stepped up their efforts to target Latino and immigrant families.

Here is what we do know. Several jurisdictions have been involved in the following. There have been some cases of individuals that were victims of crime or in an auto accident. In the process of contacting police, their immigration status was questioned and they were detained.

Additionally, there are reported cases of people not being given appropriate due process in their detention. Family members are not being allowed to visit people that have been arrested for minor traffic violations. Family members are afraid.

Cobb County jail officials have allegedly told people visiting these arrestees that because they are "illegal" they have no rights.

Everyone, regardless of immigration status, is entitled to due process under the laws and our U.S. Constitution.

We are urging anyone in Cobb County that has experienced any type of discriminatory practice/encounter or possibly illegal abuse should contact any organization or faith community that they trust. These cases need to be documented and relayed to MALDEF ( 678.559.1071), GLAHR or GALEO. We need your help to rein in the "wild west" mentality that appears to be occurring in Cobb County.

We are encouraging people NOT to drive if they do not have a driver's license. This minor traffic violation has lead to several detentions, deportations and separation of families. Do not drive without a license, especially in Cobb County.

If anyone experiences any discriminatory practices by any state or local agencies, or if anyone experiences discriminatory issues with any law enforcement agency, please contact MALDEF at 678.559.1071.

Please report any problems you may experience in order for these issues to be documented. Don't let it happen to more people within our communities.

Step up and help us by filling out the INTAKE forms and then faxing these over to MALDEF. We need to stop some of the alleged discriminatory and possible unconstitutional treatment that people are currently facing. Help us document these cases and we need our community to come forward.

--------

Links

Documentation intake form. - http://www.galeo.org/resource.php

Georgia Latino Alliance for Human Rights Contact Page - http://www.glahr.org/index.php?option=com_contact&Itemid=3

MALDEF Atlanta Contact Page - http://www.maldef.org/about/offices.cfm?LocationID=10

Phil Gingrey Doesn't Really Respond to Letter

Rep. Gingrey's office sent an email in response to a letter my wife and I sent earlier this week. In our letter we asked a series of questions. Gingrey didn't answer any of them. He also didn't say whether or not he would vote to override the presidential veto. Perhaps we need to send another. Rep. Gingrey's response email is below.

Thank you for contacting me with your concerns regarding the current state of the State Children’s Health Insurance Program (SCHIP), or as it is called in the state of Georgia, PeachCare. I appreciate having the benefit of your views and welcome this chance to respond.

Georgia’s PeachCare program provides medical insurance for 270,000 children whose family income is less than 235 percent of the federal poverty level. This is a testament to the strength of the PeachCare program in the state of Georgia and how important it is for Congress to act in order to ensure the program’s solvency.

As a physician for nearly 30 years, I am a strong supporter of the SCHIP program. Sadly, loopholes in the SCHIP program have been exploited in recent years, compromising the mission of the program. For example, many states have filed waivers with the federal government to ask permission to use SCHIP funds to cover new populations for which the program was not intended – including single, childless adults. This practice undermines the financial integrity of SCHIP and takes money away from states like Georgia.

I voted to pass a continuing resolution that will fund the SCHIP Program through November 16 this year. I am also co-sponsoring an 18 month extension bill of the SCHIP bill, H.R. 3584, that will ensure that our nation’s children – including the children in Georgia covered under the PeachCare program – will not go one single day without health insurance.

Rest assured I plan on being a leader in the effort to reauthorize SCHIP. I will advocate for commonsense reforms to strengthen the program and make sure funds will be available to provide healthcare to—first and foremost—the population this program was intended to help: low-income children.

Thank you again for taking the time to contact me. If you feel that I may be of additional assistance on this, or any other matter of importance to you, please do not hesitate to contact me. You may also contact me via my email at gingrey.ga@mail.house.gov, or log your ideas and opinions on my website: www.house.gov/gingrey.

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Book Review: How Nonviolence Protects the State

This review was originally written for Left Turn magazine. If you haven't seen the latest issue, turn off your computer and go get a copy. It's great stuff.

Peter Gelderloos first published How Nonviolence Protects the State in 2005, and South End Press has recently reissued it. A short read at only 143 pages, he does make some interesting points. Gelderloos calls to task pacifists for their protest etiquette, specifically for serving as arms of the police and for mandating demonstration codes of conduct. He has scathing critiques for what he terms the “anti-war movement” as well as for the work to shut down the School of the Americas, the US military base training Latin American torturers. He also talks about strategy vs. tactics, something sorely missing in many discussions.

Gelderloos’s thesis is 1) pacifists have a limited view of violence, 2) the terms violence and nonviolence only work to limit tactics and therefore effectiveness, and 3) without using the full range of tactics victory isn’t possible. In the introduction, Gelderloos immediately puts forward that the idea of nonviolence is so pervasive real discussion of strategy and tactics is cut off. He further argues this cut off is necessary because pacifists don’t have a good argument for nonviolence and only have hegemony due to falsified history and state complicity. Each chapter is titled after a supporting argument (e.g. Nonviolence is Ineffective, Nonviolence is Racist, etc.), and the last chapter is devoted to an alternative.

It is hard to argue against Gelderloos’s main thesis. The contradictions, even hypocrisy, seen at modern protests is undeniable. We are to believe the smashing of a Niketown in Seattle in 1999 was violent and therefore horrific. However, Medea Benjamin’s statement subjecting not just anarchists but all those arrested to the violence of the police was OK. There are simply countless stories like this from all kinds of protests. This is more than a source of anger for Gelderloos, it’s a stumbling block for change in the US.

Gelderloos’s anger is clear, however his analysis isn’t. In none of the preceding chapters does he make the case. The problems start in the introduction with his definitions. He defines revolution as “a social upheaval with widespread transformative effects.” World War II was a social upheaval, but I’m thinking Che talked about something different. He makes nonviolence a synonym for pacifism by defining both as “a way of life or a method of social activism that avoids, transforms, or excludes violence….” There is a difference between a method and a way of life, but Gelderloos ignores this and therefore hamstrings his historical analysis.

Gelderloos does have a historical section, but again the analysis doesn’t hold up. In his look at the modern civil rights movement, he focuses on Martin Luther King and then later the Black Panther Party, but doesn’t mention the Student Nonviolent Coordinating Committee (SNCC). King’s religious coalition, the Southern Christian Leadership Conference (SCLC), founded in 1957, viewed nonviolence as a lifestyle to be adhered to religiously (no pun intended). SNCC, founded in 1960, was a contemporary of SCLC and viewed nonviolence as a strategy to be used as long at it worked. Both organizations were working in the same region, at the same time, in the same movement. What better opportunity to evaluate effectiveness. Gelderloos misses this. He merely mentions a 1970 poll showing Black pride in the Black Panthers.

Unable to critically examine the history, Gelderloos opts for the paternalistic argument that the civil rights movement didn’t win anything. He doesn’t differentiate between the modern civil rights movement, which demanded equality, and the Black power movement, which demanded liberation. He simply says there was one civil rights movement that demanded equality and liberation, but didn’t win it. He acknowledges the ending of legal segregation (Jim Crow), but de facto segregation exists so that’s a wash.

In the same section, Gelderloos correctly points out that the current “anti-war movement” has been powerless, despite everything it has done, to affect the occupation of Iraq in any way. He places the blame on the reliance on nonviolence. He doesn’t ask an obvious question, at least obvious to me. If a movement isn’t able to affect any kind of change, let alone reach its goal, should it be called a movement? He doesn’t define movement in the book, so I assume he uses the word not to describe a societal phenomenon but to lend importance to activity.

The most disappointing, even maddening, section of the book was devoted to patriarchy. I hoped for some interesting observations and questions. Instead, it led to something stupid. Gelderloos actually states that patriarchy can be “gradually overcome by groups that work to destroy it.” A page later he unintentionally explains that nearly every tactical or strategic discussion he’s participated in was dominated by men. Now it makes sense. He’s surrounded by men who (surprise!) are taking a “gradual” approach to gender liberation.

In the end, Gelderloos simply doesn’t have the analytical tools needed to make his argument. His class analysis, except where he mentions the limited vocabulary and analytical development of poor people, is absent. When he does compare histories, he undermines his own argument. Gelderloos makes a good case that the Industrial Workers of the World (IWW) were mistaken to denounce sabotage and not speak out against WWI, since they were destroyed anyway. However, in comparing the union with the Galleanist, a group of Italian anarchists that conducted several bombings and other actions against the war, Gelderloos writes that they “did not fold as quickly as the Wobblies.” It’s just not enough to say we need to diversify tactics because it will take the government a few more weeks to destroy us.

Neither does Gelderloos effectively make a case for what should be. Even though the last section of the book is titled, “The Alternative,” he doesn’t mention one. He spends a sentence on community centers and gardens, but it’s cotton candy without the sweetness. It’s fluffy, insubstantial, and leaves a bad taste in one’s mouth. In the end, that describes the book as well.

Letter to Phil Gingrey: Override SCHIP Veto

October 8, 2007

Rep. Phil Gingrey, M.D.
119 Cannon House Office Building
Washington
, DC 20515

Dear Rep. Gingrey:

We have recently moved into the 11th district into a nice neighborhood. My wife and I have a modest home, friendly neighbors, and weeds in the yard.

My wife and I don’t have children. I’m a small-business owner and my wife is about to become one. We’ve mostly worked in the non-profit industry. We have a keen interest in health care since the financial burden is so great. We are particularly interested in the SCHIP legislation and the presidential veto. We would like you to vote to override this veto. Frankly, we are disappointed in your statements on this program. The news room on your website (gingrey.house.gov) has a press release with comments you made on the House floor. The title reads, “Gingrey blasts Democrat’s plan to expand SCHIP to cover wealthy families and illegal immigrants on their way to socialized medicine.” We hoped, as a doctor, you would focus on getting as many people as possible quality health care.

We read the entire release on website. We understand you oppose health care for “illegal immigrants.” Why is that? Is it better to cut off some people from the health system? What if these people have an infectious disease? Even a cold or the flu? Wouldn’t excluding them actually put everyone at risk? Should we exclude other people from this basic human right (Article 25 of the Universal Declaration of Human Rights)? At any rate, the legislation actually doesn’t change the fact it’s against federal law for “illegal immigrants” to sign up for SCHIP program. Given this is a non-issue, why do you use it? We hope it’s not because you use the term “illegal immigrants” as a manipulative device to avoid real issues.

The press release also says the legislation is “a measure which would expand the State Children’s Health Insurance Program (SCHIP) to cover children of families with income levels up to $80,000.” We went to factcheck.org to find out. Here’s what they said:

The Urban Institute estimated that 70 percent of children who would gain coverage are in families earning half that amount, and the bill contains no requirement for setting income eligibility caps any higher than what's in the current law.

The income ceiling in Georgia is $48,528. The highest income ceiling is in New Jersey and is $72,275. Factcheck.org also cites a study by the Urban Institute that about 70% of children projected to benefit from the legislation are in families earning less than 200% of the federal poverty level ($41,300 for a family of four). The link to the study is http://www.urban.org/publications/411545.html. Doesn’t this mean your statement is wrong?

We like factcheck.org, so we studied the site for a while. We found some interesting bits of information. For example, in your press release you said, “Rather [the legislation] diverts precious resources from those who need it the most in order to cover adults and already privately insured children. In fact, the extra $35 billion the Democrats are asking American families to pay for is aimed at a population where 77% of the children already have private insurance coverage. These children would simply be transferred from private insurance coverage to a taxpayer funded, government controlled healthcare entitlement program.”

We searched factcheck.org but couldn’t find anything that supports your claim. We did find out about something called the “crowd-out effect.” This is a phenomenon in which government programs targeting the uninsured are used by those with (or those who could have) private insurance. The SCHIP legislation you voted against has a crowd-out rate of 32% according to the Congressional Budget Office (CBO). The CBO also stated that this is probably the best percentage one can achieve with this kind of legislation.

Where did you get the 77% figure? It wasn’t on factcheck.org. We searched the Internet and couldn’t find anything to substantiate your claim. We did find a page on the Center on Budget and Policy Priorities citing an analysis by Jonathan Gruber that 77% of the Bush administration’s health tax proposals would go to those already insured. The link to that is http://www.cbpp.org/7-16-07health.htm.

We have one more question. In your press release, you describe the SCHIP legislation as “implementing a major tax increase on working class Americans.” As working class people, we deeply oppose major tax increases on working class people so this statement delighted my wife and me. We’re wondering then why you voted against the original House bill CHAMP (Children’s Health and Medicare Protection Act). This legislation would have funded SCHIP expansion, in part, by cutting Medicare Advantage subsidies. According to the Congressional Budget Office, private insurance companies are paid 12% on average more than what it really costs to cover the same beneficiaries. The CBO estimates overpayments will be about $54 billion over the next five years. Wouldn’t opposing subsidizing giant corporations cheating working-class people out of our hard earned tax money be a good way to oppose major tax increases on working-class people? If “illegal immigrants" ran the corporations taking billions of dollars from taxpayers, would you support reducing the Medicare overpayments?

We apologize this letter is so long. We hope to hear from you soon. If you like, stop by the house and we’ll make you some homemade Indian food.


Sincerely,

Dan & Rita

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Action for Burma

The military regime of Burma (which calls the country Myanmar) has been in power for the last 15 years and has met the nonviolent "Saffron Revolution" of Buddhist monks and ordinary citizens with brutal killings, beatings, rapes, slave labor, and burning of villages, and is escalating their viscious attacks.

October 6, this last Saturday, was the day of action to free Burma. If you missed it, don't worry you can still help out.

Find out about upcoming action and direct support by going to:


With the media crackdown by the military regime, documentation of human rights abuses is critical. To donate for needed equipment, visit Stone Circles at www.stonecircles.org and click on the "Donate Now" button.

For ongoing information, also see:

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Win a trip to St. Croix and party down with Dan


Thursday, October 18 @ 7pm
The Solarium
Fun, Fun, FUN

I'm forwarding you information on Sex, Wine and Chocolate. This is a fundraiser for Georgians for Choice and Generation FIVE. The event (a sex-positive cabaret) is Thursday, October 18. It's a night of fun, wine, and chocolate. How cool is that?

Of course, you're asking, "Whatever...tell me about St. Croix!" Well, we're having a raffle on the 18th and the grand prize is a 3day trip to St. Croix in the US Virgin Islands. How freakin' sweet is that! There are other prizes too. You could win an Ipod video Nano (got to buy your tickets online), classes from Polelateaz, a gift certificate from Themis Personal Organzing, Smart Glass jewelry, and a bunch more. Tickets are only $5. FIVE DOLLARS!?! Incredible, huh?

You can buy your tickets to the raffle and the event online at http://swc.eventbrite.com/. If you can't come to the event, don't worry. You don't have to be present to win. Consider buying a ticket anyway. We're not turning anyone away who can't pay, so your extra ticket can help a low-income person (like me) get in.

Remember to buy your tickets online at http://swc.eventbrite.com/. Also remember that you
will have a lot of fun in St. Croix if you take me along.

Does Georgia Law Enforcement Stand in the Way of Justice?

The title is a bit provocative, isn't it? Unless, of course, law enforcement does stand in the way. That answer depends on what happens this year with eyewitness ID reform legislation. Frankly, I believe criminal justice law has been taken out of the hands of the public, even out of the hands of legislators, and is now determined by district attorney's and, to a lesser degree, law enforcement. If the DA's want it, they get it. If they don't want it, it doesn't happen. What do the DA's want? Easier convictions.

The only true thing I've seen on Law & Order is a quote by a judge saying the court is not a search for truth, but for admissable evidence. Easier convictions happen when evidence is easier to admit. A coerced confession for example. Or bad eyewitness testimony. How bad is eyewitness testimony? The Innocence Project has worked on the exoneration of more than 200 people nationwide and 75% were convicted based on bad eyewitness testimony. Six people have left Georgia prisons when eyewitness testimony has proved to be bad. Think about how hard it is to prove a witness was wrong, especially years after the fact. Without something like DNA evidence, getting a conviction reversed is like climbing Mt. Everest without oxygen. Or climbing equipment. Yet 6 Georgians have reached that summit. How many are at the base waiting for their turn?

There's a decent solution. Record all confessions on video/audio and institute guidelines for eyewitnesses. If a cop violates the guidelines, at least the impact on the case can be argued. Of course, law enforcement hates the idea. Police accountability doesn't usually go over well with the police. Rep. Stephanie Stucky Benfield is sponsoring legislation on eyewitness ID reform. It hasn't gone anywhere for the last two years, but momentum seems to be building. There are a series of committee meetings, the last one was this last Monday. Spokes people from both the Georgia Association of Chiefs of Police (GACP) and the Georgia Sheriffs Association (GSA) were there to say reform is a bad idea. The GACP said this was a problem with university studies not accurately reflecting what happens. Also, that while there may have been a problem in the past things are better now.

The GSA rep, Sheriff Mike Jolley, laid out a doozy. Jolley said a state law would impede law enforcement's efforts to have better procedures. One law would mean an agency couldn't update their polices when new information came out. This would be almost believable if 83% of law enforcement agencies in Georgia had no policy at all. According to Jolly though, freedom is equal to lack of accountability. Or standards. Or even knowing what they hell you're doing.

The next meeting of the committee is November 13. At that meeting they will determine whether or not to put forward a bill and what it will look out. Check it out if you're free.

Good Links on Eyewitness Reform:

The Innocence Blog: By The Innocence Project, good info on stuff happening across the country.

Georgia Innocence Project: A state version of the national project. Great work there.

Eyewitness Identification Reform Blog: A whole blog devoted to pushing this reform. Focusing a lot on Georgia right now.

Savannah Morning News Article: This has details on the GACP and GSA testimony at Monday's committee meeting.

Online Athens Story on Committee Meeting: A different take on Monday's meeting.

Glenn Richardson's Dumb Idea Gets EVEN WORSE

According to a local NPR report on PBA, Rep. Glenn Richardson is proposing to do away with income tax as well as property taxes. In previous posts, I've ranted about the stupid idea of getting rid of property taxes. It does away with local control and centralizes financial decisions in the legislature. Just as importantly, it leads to higher taxes since the sales tax has to be expanded. The taxes on the poor and working poor are particularly hard.

If the report is true, and Richardson is slowly losing his mind, Georgians have got to strike this stupidity. The Georgia Budget & Policy Institute has done some analysis on what's known so far. You can check out their website to find the schedule of forums for more information. You can also download fact sheets.

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New Take on the Dumbest Idea in Georgia

This is from the Athens Banner-Herald on Glenn Richardson's stupid idea to raise taxes in Georgia. They make a great point. The idea's premise is stupid, but it's just plain dangerous to let the legislature figure out the details.

Editorial: Lack of detail in 'Glenn Tax' should trouble all
http://www.onlineathens.com/stories/092807/opinion_20070928044.shtml

| | Story updated at 10:25 PM on Thursday, September 27, 2007

What could possibly be worse than Georgia House Speaker Glenn Richardson's not-so-great plan to eliminate property taxes in favor of an expanded state-administered sales tax?

Letting the entire Georgia General Assembly get its hands on the proposal, that's what.

Yet that's exactly what state Rep. Jerry Keen, R-St. Simons, the House majority leader, is proposing that the people of this state allow to happen. Speaking to Kiwanis and Rotary club members Wednesday in the south Georgia city of Cairo, Keen "said that lawmakers should be allowed to finish the plan during next year's legislative session before there is a rush to criticize it," according to a report in the Thomasville Times-Enterprise.

Also according to the Thomasville newspaper, Keen went on to say that a critical feature of the proposal - the formula by which the state would determine how much sales tax revenue would go to the various municipal and county governments and school boards across the state - remains undefined. Keen told the south Georgia Rotarians and Kiwanians that the formula - again, a critical component of the speaker's tax proposal - is "the last piece of the puzzle we're working on."

So, with a little more than three months remaining before the 2008 session of the Georgia General Assembly is gaveled into session - months that will, of course, be interrupted by major holidays - here's where we are with Richardson's tax proposal: No one can say how its proceeds will be distributed, and the people of Georgia are being asked to entrust that issue, and no telling how many other critical components of a massive overhaul of the state's tax system, to a group of people whose leadership includes the man who came up with the dubious scheme in the first place.

What all that means is that the speaker's tax proposal, which is not yet close to having even a minimum degree of clarity - as Keen admitted Wednesday in south Georgia - could morph into complete gibberish as it makes its way through the requisite committee hearings and other legislative horse-trading during the General Assembly session.

In other words, whatever Georgians might think the proposal is, and what it means for them, in advance of the legislative session, it's entirely possible - indeed, it's probable - that any final version approved by lawmakers will be something vastly different.

Consider, for instance, the fact that even Richardson himself has already proposed at least one modification to his sales tax proposal, telling an audience in LaGrange last month that he's considering exempting treatment for catastrophic medical conditions from the levy.

Clearly, Richardson's proposed exemption won't be the only one sought for the tax. There are likely any number of special-interest groups that write checks to legislator's campaigns, and any number of lobbyists who wine and dine the lawmakers, who'll be pushing for their own exemptions. Write enough exemptions into the proposal, and soon enough, any announced funding formula for local governments - if such a formula is, indeed, ever made public in any meaningful way - has to be changed, with little or no notice to the affected governments. And maybe that new formula means that no new teachers can be hired for the local high school, or that a needed fire engine can't be purchased, or that other urgent needs go unmet.

Of course, even if Richardson's proposal makes it through the legislature - as a proposed constitutional amendment, it would need an OK from two-thirds of the House and Senate - it would have to be approved by a majority of Georgia voters in a statewide referendum.

Yet, here again, just as in the run-up to the January start of the legislative session, a lack of detail could carry serious consequences. That's because ballots would have only the barest details regarding the proposal, likely asking voters to cast ballots on the overly broad question of whether the constitution should be amended to replace property taxes with a sales tax.

On its face, that's an appealing proposition. But, as with so much in life, the devil is in the details. Which should prompt Georgians to ask what the devil Richardson and other supporters of the tax proposal might be trying to hide as they move their admittedly unformed proposal through the legislative process.


Published in the Athens Banner-Herald on 092807


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NBC Story on Jena

Jena's quiet

Posted: Friday, September 28, 2007 7:21 PM

JENA, La.– Looking for the mood in Jena is like looking for the truth – it all depends on who you talk to.

The day after 17-year-old Mychal Bell was released on $45,000 bail, things are quiet. But, of course, in a town of just 3,000 it’s almost always quiet.

The satellite trucks, with the exception of our own, have shut down their generators, folded their dishes and moved on. Across the street from the LaSalle Parish Courthouse at the McCartney Slay GMC dealership the cars are back on the lot. When we were here last week for the large demonstration, the owner had moved them, fearing the worst.

Now that Bell’s out on bail, there is a sense of relief.

Cautious celebration
Family and supporters are happy to have the young man back after 10 months in jail. But since he still faces trial in juvenile court, it is a cautious kind of celebration.

Bell’s attorneys say the teen can’t talk. Even his parents have gone silent. At Bell’s home a couple of cars sit in the driveway and the yard. But there is no sign of activity. Except in the church parking lot across the street where two unmarked vehicles sit in the shade with plainclothes officers inside.

They are there to safeguard the home after a hate group published the address on the Internet. According to Bell’s lead attorney, Lewis Scott, the 17-year-old is confined to staying at his mother’s or father’s house in Jena, which are two blocks away from each other.

Scott says they want to get the teen back in school since he’s missed a lot, but there is no way he can go back until the juvenile trial is over. And there’s no way he could go back to school here, not with the memories and the feelings. They’re thinking of something private.

‘Why don’t you tell the truth about Jena?’
On Main Street there is relief Bell’s out since his continued time behind bars only seemed to reinforce the belief for outsiders that Jena is a racist haven. Of course they know that, thanks to the media, everyone continues to consider Jena a racist haven whether the youth is in jail or not.

Whenever I introduce myself as being with NBC News, the return greeting is usually the same. "Why don’t you tell the truth about Jena?" The old white guy at the thrift shop said it was just the blacks that were labeling the community racist. I had to agree he had me there – not too many whites had come forward claiming their town had a race problem.

As I returned to the courthouse, a young African-American woman was telling my cameraman about how racism was very much still living in town.

Still, there was a crime
District Attorney Reed Walters said if he had it all to do over again, he would do things differently. He would not change how he prosecuted the case; instead, he would change how he communicated the case. He’s been true to his word. In the past week he’s held two news conferences and written an Op-Ed spot for the New York Times.

Walters denies the protests and the pressure have had any bearing on his actions. No one in town or elsewhere believes him.

This story has grown beyond Jena in many minds. Sometimes the facts seem to just get in the way. Jesse Jackson said all charges should be dropped against Bell and the other members of the "Jena 6." But there was a crime. Classmate Justin Barker was beat up by a group of youths last December at the high school. And it was not just a schoolyard fight. Barker was blindsided with the first punch as he stepped out the door. As he fell he struck his head. He was defenseless as he was repeatedly punched and kicked while he lay unconscious.

Should Jena ignore this crime for the greater good? Ignore it like authorities allegedly ignored white-on-black incidents in the town? Perhaps Bell, who some say wasn't even part of the assault on Barker, should use the line some fostered in the high school after nooses appeared in a tree on campus, that it was "just a prank."

City officials openly lament that if the noose incident had been dealt with much more harshly and right away, Jena wouldn't be the modern synonym for Selma.

In other words – if the town had spoken out and hadn't remained so quiet.

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