Human Rights

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Wonderful response to Pastor Sean Harris.

raisingmyrainbow's avatarRaising My Rainbow

Homophobic North Carolina preacher Sean Norris recently gave a sermon in which he advocated physically assaulting gender variant toddlers.  Listen to it here.  This letter is my response to him.

Dear Pastor Harris,

Hi.  I’m C.J.’s Mom and boy would you hate me!  I have a little boy who likes “feminine” things and I’ve allowed him to do so.  I’ve even shared it with people on the internet.  But, not by taking pictures and posting them on YouTube, as you suggest — mostly because that’s not exactly how YouTube works, I think you have it confused with Facebook, but that’s not really the point I’m trying to get at anyway.

My point is my son is gender variant.  He’s a little boy who likes all things girly, like playing with dolls and wearing skirts.  My son started acting a little girlish at age two and a half and I…

View original post 300 more words

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Civil Rights and Gay Rights

In case you didn’t see it, Jonathan Capehart had an excellent and thoughtful essay in yesterday’s Washington Post.  Titled “Blacks and gays:  the shared struggle for civil rights”, it laid out the reasons why blacks (and I might add Asians, Hispanics and other minorities) need to support gay rights.  I am going to try to give you the highlights, but you really should read the entire essay.

It opens

You may recall that last month Gov. Chris Christie (R-N.J.) and I sparred over same-sex marriageon “Morning Joe.” You may also recall that at the end of the interview, the show’s anchor, Joe Scarborough, asked me, “[W]ould you compare the civil rights struggles of African Americans over 300 years in America to marriage equity?” Without hesitation, I said, “Yes.”

“It’s an issue of civil rights, as you said. It’s an issue of equality. It’s an issue of equal treatment under the law,” I said. “No one is asking for special rights. No one is asking for any kind of special favors. We’re just looking for the same rights and responsibilities that come with marriage and also the protections that are provided under marriage. In that regard overall we’re talking about a civil rights issue and what African Americans continue to struggle with is exactly what lesbian, gay, bisexual and transgender people are struggling with today.”

That didn’t go over so well with more than a few African Americans. They don’t see the struggles as comparable, equivalent or even related. Last Wednesday, @Brokenb4God tweeted to me, “@CapehartJ still can’t believe u think the choice of being gay is congruent to the struggle of blacks. Ain’t never seen no gay plantations!”

Clearly, she’s from the misguided pray-the-gay-away cabal, so no need to address that. I’ll leave the cheap and provocative “gay plantations” stink bomb alone, too, and get to my main point. What links the two struggles is the quest for equality, dignity and equal protection under the law. In short, gay rights are civil rights. It’s that simple.

Capehart goes through several points of similarity under topic headings:  “Bullying and Murder”, “Denied equal protection:  the right to marry” and finally, “Black leaders.”  He quotes Reverend Al Sharpton and John Lewis.  Lewis quoted Dr. Martin Luther King during the debate in 1996 on the Defense of Marriage Act. 

You cannot tell people they cannot fall in love. Dr. Martin Luther King Jr. used to say when people talked about interracial marriages, and I quote, ‘Races do not fall in love and get married. Individuals fall in love and get married.’ Why don’t you want your fellow men and women, your fellow Americans to be happy? Why do you attack them? Why do you want to destroy the love they hold in their hearts? Why do you want to crush their hopes, their dreams, their longings, their aspirations? We are talking about human beings, people like you, people who want to get married, buy a house, and spend their lives with the one they love. They have done no wrong.

Lewis supported Massachusetts activists during the debate over marriage equality.

In a 2003 opinion piece for the Boston Globe, Lewis wrote, “I have fought too hard and too long against discrimination based on race and color not to stand up against discrimination based on sexual orientation. I’ve heard the reasons for opposing civil marriage for same-sex couples. Cut through the distractions, and they stink of the same fear, hatred, and intolerance I have known in racism and in bigotry.”

Much of the resistance to the Maryland Marriage Equality law came from black churches who are traditionally unwilling to acknowledge a gay and lesbian presence in their own communities.  One exception is my husband’s church, Union United Methodist in Boston.  Their pioneering was highlighted in this recent article in the Boston Globe

Eziah Karter-Sabir Blake swiped the play debit card through a plastic reader during a game of Monopoly recently. Another multimillion-dollar sale. The buyer, Giftson Joseph, rubbed his hands together, a glimmer creeping in his eyes as he playfully nudged the Rev. Catharine A. Cummings.

The three – one gay, one transgender, one straight – sat around a table at a new youth drop-in center at Union United Methodist Church, a historically black congregation in the South End, the heart of Boston’s gay community.

Simply by being there, the trio was straddling a divisive line between the gay community and the black church, where many gay and lesbian minorities have long felt ignored or unwelcome in the pews.

“It’s a big risk they are taking in the black community,’’ said Joseph, an 18-year-old African-American college student who is gay. “There’s already enough stigma in the church. But this is a church that is accepting of all races and sexual orientations.’’

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In 2000, Union began the process of educating themself about homosexuality and gay rights.

 In 2000, church member Hilda Evans pushed Union United to again change course, and the church agreed to defy United Methodist leaders by declaring itself an open and affirming congregation to gays and straight people alike. It held its first gay service in June 2007 at the height of the state’s same-sex marriage debate.

Other black church leaders and churches in Boston have not followed Union’s lead.  But as the Globe story pointed out

Union United has a long history of bucking tradition. In the 1800s, black worshipers walked out of their segregated Beacon Hill church home after whites grew uncomfortable and complained about their vibrant, African-style of worship. In 1818, members founded the May Street Church, which became a stop on the Underground Railroad, according to the church’s website,

What the Globe does not point out is Union’s civil rights activism during the 1960’s.  You can read about that in the J. Anthony Lukas classic, Common Ground..

It takes a long time for people to see themselves in someone else’s stuggle but we can look at Jonathan Capehart for his articulate arguments about what is right and to places like Union United Methodist Church for leading the way.

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More on Cameron Todd Willingham

A little over a year ago I wrote about the execution of Cameron Todd Willingham.  Mr. Willingham was executed in Texas after being convicted of arson that killed his three small children.  After being on death row for 12 years, he was executed in 2004.  After his execution, evidence emerged that he was, in fact, innocent.  Now Jonathan Alter has written a follow-up story.

Alter begins

“Why would you abolish the death penalty when a majority of the voters support it?” Republican Tom Foley asked Democrat Dan Malloy in a robust debate last week to help determine which man should be Connecticut’s next governor. “Why would you do that? It’s arrogant.”

Foley’s claim that it’s “arrogant” for officeholders to substitute their judgment for the wishes of the majority would, taken to its logical conclusion, mean that government could be run by a computer processing polls. Nice platform. Yet even a pandering argument can be revealing. Capital punishment may feel like abortion or gun control—a tired debate where minds can’t be changed. But there’s a discussion worth having about the hypocritical conservative attitude toward the life-and-death power of the state.

The Hawke-Petit home invasion case is the hot news right now in Connecticut with the jury now considering the death penalty for one of the men convicted of the murder and rape of Jennifer Hawke-Petit and the killing of her two daughters.  Her husband survived to testify.  While based on the evidence reported in the press, I believe that the accused men are likely guilty but should they be executed?  I don’t think so.

Everything that I have read about Willingham indicates that there was forensic evidence of arson which was accepted by the jury.  The evidence must have seem overwhelming, just as in the current Hawke-Petit case.  But in the Willingham case, more evidence emerged.

Alter writes

And yet, just when you start thinking the death penalty isn’t such a bad idea after all, another house-fire murder case comes back into view, this one in Texas. Cameron Todd Willingham was convicted of murder in 1992 after testimony that the house fire that killed his three young daughters (his wife was elsewhere) had been arson. But the conviction was based on junk science claiming evidence of accelerants where none existed. In the years since, nearly a dozen top fire inspectors have ruled out arson. A jailhouse snitch essentially recanted his testimony.

No matter. Willingham, the subject of a New Yorker piece last year, was executed in 2004. Afterward, Texas Gov. Rick Perry, now clinging to a lead in the polls over former Houston mayor Bill White, seemingly did everything he could to cover up evidence clearing Willingham. Instead of allowing an investigation to proceed, Perry last year fired members of the Texas Forensic Science Commission who exposed the “evidence” used to convict him. (Perry felt the commission was biased.)

“The governor’s office had access to an affidavit that it was faulty science, and either ignored it or dismissed it,” says former Texas governor Mark White (no relation to Bill). White, a Democrat who signed off on more than 20 executions as governor in the ’80s (though none as ill founded as Willingham’s), doesn’t oppose the death penalty. But now he says he’s appalled by how dysfunctional Texas’s criminal-justice system has become. The state, White says, has a huge backlog of DNA kits that have never been examined and too many publicity-seeking prosecutors willing to twist facts to win convictions. Texas, with a history of capital cases in which the defense attorney fell asleep at trial or ignored exculpatory evidence, often boasts more executions in a year than the rest of the country combined.

So now the family is left with trying to clear Cameron Todd Willingham’s name.

The flip side of the Lone Star honor culture is an unusual legal process for people to reclaim their reputations, even posthumously. The Willingham family won a hearing in a special court of inquiry. This week Mark White will deliver the summation in that court. He plans to argue that there’s “compelling evidence” the forensic evidence of arson was nonexistent. “The whole foundation of the case was arson,” White told me. “If there’s no arson, there’s no crime, and, therefore, he is innocent.” Innocent and dead.

I wish them the best.  And I hope the jury in the Hawke-Petit case understands that their decision can be irrevocable.

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Thoughts about Glenn Beck and the Lincoln Memorial Rally

I was sitting at dinner tonight and it occurred to me that for all of Glenn Beck’s call for all of us to return to church, I had no idea what church he attends.  Do you know? 

According to the Wikipedia entry about him, Beck was born Catholic and left the church.  He is now a member of The Church of the Latter Day Saints or Mormon.  No wonder he is so disparaging about President Obama’s religion calling him a follower of liberation theology.  If I am not mistaken, liberation theology began in the Catholic Church, the church that Beck left.  This obsession is not really new. 

In March 2010, Politics Daily reported on a segment of Beck’s show.

On his daily radio and television shows last week, Fox News personality Glenn Beck set out to convince his audience that “social justice,” the term many Christian churches use to describe their efforts to address poverty and human rights, is a “code word” for communism and Nazism. Beck urged Christians to discuss the term with their priests and to leave their churches if leaders would not reconsider their emphasis on social justice.

“I’m begging you, your right to religion and freedom to exercise religion and read all of the passages of the Bible as you want to read them and as your church wants to preach them . . . are going to come under the ropes in the next year. If it lasts that long it will be the next year. I beg you, look for the words ‘social justice’ or ‘economic justice’ on your church Web site. If you find it, run as fast as you can. Social justice and economic justice, they are code words. Now, am I advising people to leave their church? Yes!”

Later, Beck held up cards, one with a hammer and sickle and other with a swastika. “Communists are on the left, and the Nazis are on the right. That’s what people say. But they both subscribe to one philosophy, and they flew one banner. . . . But on each banner, read the words, here in America: ‘social justice.’ They talked about economic justice, rights of the workers, redistribution of wealth, and surprisingly, democracy.”

This is the man who invoked the name of Martin Luther King at the Lincoln Memorial on the 47th Anniversary of the March on Washington.  King was a minister and an advocate of all that Beck seems to find evil: economic justice, rights of the workers, redistribution of wealth and democracy.

[Thispicture is the Beck Rally, not the King Rally]

It appears that Glenn Beck is not only ignorant, but also confused.

Today, Kathleen Parker, the conservative columnist for the Washington Post wrote a column titled “My Name is Glenn Beck and I need help” in which she argues that his behavior is clearly that of an addictive personality.

Beck’s “Restoring Honor” gathering on the Mall was right out of the Alcoholics Anonymous playbook. It was a 12-step program distilled to a few key words, all lifted from a prayer delivered from the Lincoln Memorial: healing, recovery and restoration.

Saturday’s Beckapalooza was yet another step in Beck’s own personal journey of recovery. He may as well have greeted the crowd of his fellow disaffected with:

“Hi. My name is Glenn, and I’m messed up.”

Beck’s history of alcoholism and addiction is familiar to any who follow him. He has made no secret of his past and is quick to make fun of himself. As he once said: “You can get rich making fun of me. I know. I’ve made a lot of money making fun of me.”

Parker continues

Covering all his bases, Beck invoked the ghost of the Rev. Martin Luther King Jr., who stood in the same spot 47 years ago to deliver his most famous speech. Where King had a dream, Beck has a nightmare: “It seems as darkness begins to grow again, faith is in short supply.”

Really? When did that happen? Because it seems that people talk about God all the time these days. Even during the heyday of Billy Graham, most Americans could get through 16 or so waking hours without feeling compelled to declare where they stood on the deity.

And the darkness? Creeping communism brought to us by President you-know-who. Conspiracy theories and paranoia are not unfamiliar to those who have wrestled the demon alcohol.

So we have a former Catholic Mormon alcoholic leading the Tea Party wing of the Republican Party.  As Parker concludes, “Let’s hope he gets well soon.”

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Religious Freedom in America

George W. Bush was right.  [Never thought I would ever write that sentence.] The war on terror is not a war on Islam.  So why are our political leaders like President Obama and the Anti-Defamation League so skittish about saying that it is perfectly OK for a religious institution to build whatever they want on private property?  Would there be this kind of fuss if the Methodist Church decided to build a community center two blocks from Ground Zero?  I think not.

I’ve been searching through a number of websites to see if there were an accurate number for the Muslims who were killed in the collapse of the World Trade Center on 9/11 without success.  The numbers I’ve found range from 40 to as many as 200.  It really doesn’t matter except that the survivors who think building an Islamic Community Center near Ground Zero seem to have forgotten the diversity of people who died.

According to Maureen Dowd in her  column in today’s New York Times, there   “…already are two mosques in the same neighborhood — one four blocks away and one 12 blocks away.”

[A worshiper enters Masjid Manhattan, which is sandwiched between two bars on Warren Street, about four blocks from the World Trade Center site. It was founded in 1970]

So what exactly is up with the President who made a strong, clear statement and then took at least a step back?  Is it the political staff who worried that because of his name and the fact that some people still insist that he is Muslim it is bad for him to say there is a fundamental right to build an Islamic Community Center even if it is 2 blocks from Ground Zero?

Dowd points out

Let me be perfectly clear, Mr. Perfectly Unclear President: You cannot take such a stand on a matter of first principle and then take it back the next morning when, lo and behold, Harry Reid goes craven and the Republicans attack. What is so frightening about Fox News?

Some critics have said the ultimate victory for Osama and the 9/11 hijackers would be to allow a mosque to be built near ground zero.

Actually, the ultimate victory for Osama and the 9/11 hijackers is the moral timidity that would ban a mosque from that neighborhood.

A bit of advice from one of your supporters Mr. President:  Do and say what you think is the right thing.  Then don’t try to take it back.  I believe that one of the reasons your popularity is falling is because you are seen as too calculating. 

One bit of refreshing news is the open letter from six Muslim/Arab Republicans.

While some in our party have recently conceded the constitutional argument, they are now arguing that it is insensitive, intolerant and unacceptable to locate the center at the present location: “Just because they have the right to do so – does not make it the right thing to do” they say. Many of these individuals are objecting to the location as being too close to the Ground Zero site and voicing the understandable pain and anguish of the 9-11 families who lost loved ones in this horrible tragedy. In expressing compassion and understanding for these families, we are asking ourselves the following: if two blocks is too close, is four blocks acceptable? or six blocks? or eight blocks? Does our party believe that one can only practice his/her religion in certain places within defined boundaries and away from the disapproving glances of some citizens? Should our party not be standing up and taking a leadership role– just like President Bush did after 9-11 – by making a clear distinction between Islam, one of the great three monotheistic faiths along with Judaism and Christianity, versus the terrorists who committed the atrocities on 9-11 and who are not only the true enemies of America but of Islam as well? President Bush struck the right balance in expressing sympathy for the families of the 9-11 victims while making it absolutely clear that the acts committed on 9-11 were not in the name of Islam. We are hoping that our party leaders can do the same now – especially at a time when it is greatly needed.

Dowd cites two other Republicans

So look where we are. The progressive Democrat in the White House, the first president of the United States with Muslim roots, has been morally trumped by Mayor Michael Bloomberg and Gov. Chris Christie of New Jersey, two moderate Republicans who have spoken bravely and lucidly about not demonizing and defaming an entire religion in the name of fighting its radicals.

I have just heard that New York Governor David Patterson, a Democrat, was trying to set up some negotiations which would result in the Community Center being built on an alternative site.  The President can start to redeem himself by calling Patterson and urging him to stop any such effort.

I say boo to the cowardly Democrats and good for the reasonable Republicans striking a blow for religious freedom.  Let’s not let our fear of terrorist attacks let the extremists win.

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Race is complicated

3 days ago no one had heard of Shirley Sherrod who turns out to be the wife of Charles Sherrod, a founding member of the Student Nonviolent Coordinating Committee.

The Nation reports on Melissa Harris-Lacewell’s appearance on MSNBC’s Morning Joe.

Up until a few days ago, most of the nation didn’t know who Shirley Sherrod was, but for people who have made a life and a career out of studying civil rights, like Nation columnist Melissa Harris-Lacewell, that name was no news to them. Shirley Sherrod is the wife of Charles Sherrod, a foundational member of the Civil Rights Movement and one of the founders of Student Nonviolent Coordinating Committee (SNCC). Lacewell explains that Sherrod “was not just a bureaucrat working away in Georgia; this is a woman who is part of a family that has made real contributions to advancing the conversation on race in America.”

And even though right-wing blogger Andrew Breitbart only showed a short excerpt of Shirley Sherrod’s NAACP banquet speech and the administration rushed to judgment, Harris-Lacewell told Morning Joe that some good could come out of this scenario. She says that a national conversation on race is a bad idea, but a national classroom on race should be considered. Embedded under all of this mess is a beautiful story of Sherrod, the Spooner Family and interracial cooperation around issues of justice, Harris-Lacewell says. “The real narrative that Ms. Sherrod was telling is the narrative of someone who’s father was killed by the Ku Klux Klan, who developed prejudices and yet found a way through her advocacy and work to be a true advocate for this white farm family.”

And lest we forget, the NAACP also rushed to judgement by first applauding her dismissal.  I guess we can forgive Ben Jealous who is too young to have lived though the SNCC days or the segregated schools attended by Shirley Sherrod.  Did he recognize the last name, I wonder.  The white family she helped, the Spooners, jumped to her defense.

Image: Former Agriculture Department official Shirley Sherrod

For wisdom on this issue, I turn to Eugene Robinson’s column in today’s Washington Post.

After the Shirley Sherrod episode, there’s no longer any need to mince words: A cynical right-wing propaganda machine is peddling the poisonous fiction that when African Americans or other minorities reach positions of power, they seek some kind of revenge against whites.

A few of the purveyors of this bigoted nonsense might actually believe it. Most of them, however, are merely seeking political gain by inviting white voters to question the motives and good faith of the nation’s first African American president. This is really about tearing Barack Obama down.

It looked like a clear case of black racism in action. Within hours, Agriculture Secretary Tom Vilsack had forced her to resign. The NAACP, under attack from the right for having denounced racism in the Tea Party movement, issued a statement blasting Sherrod and condemning her attitude as unacceptable.

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But Breitbart had overstepped. The full video of Sherrod’s speech showed that she wasn’t bragging about being a racist, she was telling what amounted to a parable about prejudice and reconciliation. For one thing, the incident happened in 1986, when she was working for a nonprofit, long before she joined the federal government. For another, she helped that white man and his family save their farm, and they became friends. Through him, she said, she learned to look past race toward our common humanity.

In effect, she was telling the story of America’s struggle with race, but with the roles reversed. For hundreds of years, black people were enslaved, oppressed and discriminated against by whites — until the civil rights movement gave us all a path toward redemption.

So why was she forced to pull over and text a resignation?  Robinson explains

The Sherrod case has fully exposed the right-wing campaign to use racial fear to destroy Obama’s presidency, and I hope the effect is to finally stiffen some spines in the administration. The way to deal with bullies is to confront them, not run away. Yet Sherrod was fired before even being allowed to tell her side of the story. She said the official who carried out the execution explained that she had to resign immediately because the story was going to be on Glenn Beck’s show that evening. Ironically, Beck was the only Fox host who, upon hearing the rest of Sherrod’s speech, promptly called for her to be reinstated. On Wednesday, Vilsack offered to rehire her.

Shirley Sherrod stuck to her principles and stood her ground. I hope the White House learns a lesson.

Tom Vilsack, the Secretary of Agriculture has apologized and offered her a job.  President Obama called to apologize.  It seems unlikely at this writing that she will go back to work for the USDA, but one can never tell.

The New York Times story points out

That, however, is unlikely to be the end of it for Mr. Obama, who has struggled since the beginning of his presidency with whether, when and how to deal with volatile matters of race. No matter how hard his White House tries to keep the issue from defining his presidency, it keeps popping back up, fueled in part by high expectations from the left for the first black president, and in part by tactical opposition politics on the right.

The Sherrod flap spotlighted how Mr. Obama is caught between these competing political forces, and renewed criticism from some of his supporters, especially prominent African-Americans, that he has been too defensive in dealing with matters of race — and too quick to react to criticism from the right

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“I think what you see in this White House is a hypersensitivity about issues of race, that has them often leaning too far to avoid confronting these issues, and in so doing lays the foundation for the very problem they would like to avoid,” said Wade Henderson, president and chief executive of the Leadership Conference on Civil and Human Rights, an advocacy group here.

I don’t pretend to know what the President should do.  On one hand you have the right including leaders like Newt Gingrich and the Tea Party quick to find reverse racism, i.e. favoritism, is anything that the President tries to do.  It is unlikely that given what is happened Congress will vote to fund the settlement for black farmers denied loans and other benefits for which he requested an appropriation.   The lawsuit was settled in 1999, but farmers have never seen a penny.  According the NPR story, some of them are hopeful that the Shirley Sherrod incident will help move things along, but I am afraid just the opposite will happen.  I hope they are right.

A small group of black farmers rally at the Agriculture Department

The White House may have, as Eugene Robinson hopes, learned the lesson not to react without all the facts.  But I fear that race is still an issue that divides us to the point we can’t talk about it.  During the Lincoln-Douglas debates. the part of Andrew Breitbart/Glenn Beck was played by Stephen Douglas.  Douglas said “I do not regard the negro as my equal, and positively deny that he is any kin to me whatsoever.”  The problem for all the modern day Stephen Douglas’s is that a black man has been elected President.  The problem for Barack Obama is being the first.  And the ultimate irony is that it is almost exactly one year since Henry Lewis Gates was arrested.

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Anne Frank and Miep Gies

I began an infatuation with Anne Frank around age 12 or 13.  I was given a copy of Anne’s diary and read and read it.  I never saw the play on Broadway, but did see the movie which never quite measured up to the written word.  I think I read it as much for the discovery that teenaged girls, no matter what their circumstances, have the same dreams and feelings as I did for the story of courage and life under a death sentence. Anne expressed the same sorts of thoughts about her parents and other adults, about boys and sex that other teenage girls had, but never wrote down.  I’m sure she inspired my beginning to keep a journal – one which I’ve kept sporadically ever since. I’m sure millions of women were the same.

The one adult that Anne never seems to lose patience with is Miep Gies who died yesterday at age 100. 

“I am not a hero,” Mrs. Gies wrote in her memoir, “Anne Frank Remembered,” published in 1987. “I stand at the end of the long, long line of good Dutch people who did what I did and more — much more — during those dark and terrible times years ago, but always like yesterday in the heart of those of us who bear witness.”

Mrs. Gies sought no accolades for joining with her husband and three others in hiding Anne Frank, her father, mother and older sister and four other Dutch Jews for 25 months in Nazi-occupied Amsterdam. But she came to be viewed as a courageous figure when her role in sheltering Anne Frank was revealed with the publication of her memoir. She then traveled the world while in her 80s, speaking against intolerance. The West German government presented her with its highest civilian medal in 1989, and Queen Beatrix of the Netherlands knighted her in 1996.

After the Gestapo raided the Annex in August 1944, Ms. Gies found the pages of the diary scattered around and preserved them for Anne’s return.  Anne, who died in Bergan-Belson just weeks before both her 16th birthday and liberation, never returned.  Her father did return and published her diary.

Miep Gies was born Feb. 15, 1909, as Hermine Santrouschitz, a member of a Roman Catholic family in Vienna. When she was 11, she was sent to Leiden to be cared for by a Dutch family, being among the many Austrian children suffering from food shortages in the wake of World War I. She was given the Dutch nickname Miep and later adopted by the family.

When she was 13, the family moved to Amsterdam, and in 1933 she became a secretary to Otto Frank, who was overseeing the Dutch branch of a German company selling an ingredient for manufacturing jam. Mr. Frank had fled Hitler’s Germany, and he was soon joined by his wife and daughters.

Miep became a trusted employee and friend of the Frank family and joined in its alarm over the persecution of German Jews. In May 1940, the Netherlands fell in Germany’s invasion of the Low Countries. In July 1942, when thousands of Dutch Jews were being deported to concentration camps, the Frank family went into hiding in unused rooms above Mr. Frank’s office. He asked Mrs. Gies if she would help shelter them, and she unhesitatingly agreed.

The annex became a hiding place not only for the Franks but for three members of a family named van Pels — the father a business colleague of Mr. Frank’s — and Mrs. Gies’s dentist, Fritz Pfeffer.

Having married a Dutch social worker, Jan Gies, in 1941, Miep Gies joined with him and three other employees of Mr. Frank’s business in sheltering the eight Jews and caring for their daily needs. The protectors risked death if caught by the Nazis.

Mrs. Gies, while continuing to work for Mr. Frank’s business, which remained open under figurehead Christian management, played a central role in caring for the hidden. She found food for them, brought books and news of the outside world and provided emotional support, bringing Anne her first pair of high-heeled shoes and baking a holiday cake. On one occasion, Miep and Jan Gies (he is referred to in the diary as Henk, one of many pseudonyms Anne used) spent a night in the annex to experience the terror there for themselves.

Miep Gies was a remarkable woman in her own right and we should remember her for that as well as thanking her for preserving the legacy of Anne Frank.

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Justice and War

The question of how people should be punished for acts committed during war is a thorny one.  We have the example of Nurenburg which extablished the principles of crimes against humanity and that following orders is an insufficient defense.  More recently, there have been reconciliation commissions instead of prosecutions and the establishment of the world court.

Two recent events have brought all this to mind.  First, there was the dismissal of the case against the Blackwater employees who murdered Iraqi civilians.  Then, there is the uproar in some circles over the criminal charges brought against Omar AbdulMutallab, the would-be Christmas Eve bomber.

In the Blackwater case, Justice Department lawyers screwed up the case.  It is that simple.  Makes me wonder if everyone at the Bush Justice Department was incompetent.  According to the story in the New York Times

The issue was that the guards, as government contractors, were obligated to give an immediate report of what they had done, but the Constitution prevents the government from requiring a defendant to testify against himself, so those statements could not be used in a prosecution.

Less than two weeks after the shootings in Nisour Square in Baghdad in September 2007, lawyers at the State Department, which employed the guards, expressed concern that prosecutors might be improperly using the compulsory reports in preparing a criminal case against them, according to the decision.

The prosecutors were also concerned, even using what they called a “taint team” to try to prevent information in the guards’ compulsory statements from influencing the investigation, according to the 90-page ruling by Judge Ricardo M. Urbina of Federal District Court in Washington. The judge said the prosecutors had failed to take “common sense precautions” to avoid the problem.

The ruling led to disappointment in the United States as well as in Iraq.

Judge Urbina’s ruling states in his introduction

From this extensive presentation of evidence [during a 3 week hearing beginning in October 2009] and argument, the following conclusions ineluctably emerge.  In their zeal to bring charges against the defendants in this case, prosecutors and investigators aggressively sought out statements the defendants had been compelled to make to government investigators in the immediate aftermath of the shooting and in the subsequent investigation. …. The Government used the defendant’s compelled statements to guide its charging statements, to formulate its theory of the case, to develop investigatory leads, and, ultimately, to obtain the indictment in this case.

I guess the argument that Jack McCoy always uses on “Law and Order” that the discovery of the evidence was inevitable, didn’t work.

According to the Times story

But the judge’s decision alludes to at least two routes through which the government could reinstate a prosecution.

Although the specifics of the guards’ statements cannot be used against them, the guards could be prosecuted for willfully providing false information in those statements.

In statements, the guards gave detailed information about what kinds of weapons they had used, including a sniper rifle and a grenade, and said they had believed that they were under attack and that they were taking small-arms fire. Investigators did not find physical evidence of an attack by Iraqis, the judge’s decision said.

The decision also points out that at one point, the government considered bringing obstruction of justice charges against Blackwater managers. It is not clear whether such charges are still being considered.

The rules limiting the use of the statements, the judge noted, are not intended to protect defendants from conviction, but to guarantee the integrity of the judicial system.

There is also going to be a civil suit on behalf of the families.  But the sloppy prosecution in this case reminds me of the way the Bush administration did a lot of things:  Action without much thought for the consequences or without much evidence to support the action.  It is another example of impulsiveness.

Then posted on Politico yesterday was this

The ranking Republican on the Senate Intelligence Committee, Missouri Sen. Kit Bond, said Sunday the Obama administration made a mistake by putting terror suspect Omar AbdulMutallab into the criminal justice system, where he has an attorney and the right to remain silent.

“As soon as they got a lawyer, he lawyered up,” Bond said.

Did Senator Bond ever stop to consider that maybe we will have a more successful prosecution if AbdulMutallab has a lawyer from the beginning?  And isn’t this really a criminal matter? 

I’m beginning to think that the Republicans don’t have a lot of faith in either their ability to prosecute cases or in the criminal justice system generally.

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Back with some random observations

I haven’t posted for a while for a number of reasons.  The two major reasons are first, I have been spending a lot of time on the computer at work and didn’t want to come home and do the same (rather watch the Red Sox) and, second, because the health care debate was beginning to depress me.  I’ve been kicked into starting to post again by what happened over the weekend  on the golf course in Lakeville, MA.

In case you haven’t heard the news, a swastika and Obama were carved into the 18th green.  This picture is from the Boston Globe.

lakeville_swastika_101309.jpg

President Obama is coming to Boston in a couple of weeks to support Deval Patrick.  The FBI, Secret Service, and Lakeville police are investigating.  The Globe reports

Lou Mincone, the public club’s assistant manager, said he was stunned by the vandals’ gall, and baffled by the senseless, hateful act.

“What would motivate anyone to do such a thing?” he asked incredulously. “To use the president’s name like that? It’s crazy.”

Mincone, who discovered the damage, said the vandals dug the message more than an inch into the turf, likely using a tool or sports cleats. He said the message, which was about 10 feet by 15 feet wide, was written sometime Sunday night or Monday morning

It took a while to do,” he said. “It wasn’t a five-minute deal.”

This is what the climate surrounding the election of a black man to be President has brought.  The tea baggers with the posters of the President as Hitler, the Rush Limbaugh’s, the Glenn Becks, and the Michelle Bachman’s.  I have been jolted out of my hiatus.

The Red Sox are all done.  And likely done is Jason Veritek.  We need to sign Jason Bay, figure out what ails Josh Beckett, hope Matsuzaka stays thin and strong over the winter, and that Papi finds his mojo.  Go Phillies!

The Senate Finance Committee compromised away real health care reform to court the insurance companies and the Republicans.  So the night before the vote the insurance companies issue a report that they will have to raise rates anyway and only Olympia Snowe voted for the bill.  To show what an Alice in Wonderland world this this, the President thought this was progress.  At this point he probably thinks, well, let’s pass something and fix it later which is the point I am rapidly reaching.

The insurance company report was issued by a group called America’s Health Insurance Plans.  According to the story in the New York Times

“The overall impact will be to increase the cost of private insurance coverage for individuals, families and businesses above what these costs would be in the absence of reform,” said Karen M. Ignagni, president of the trade association.

…

The report says that the cost of the average family coverage, now $12,300, will rise to $18,400 in 2016 under current law and to $21,300 if the Senate bill is adopted. Likewise, it said, the cost of individual coverage, now $4,600, will average $6,900 in 2016 under current law and $7,900 under the bill.

The study provides ammunition to Republicans attacking the legislation and might intensify the concerns of some Democrats who worry that the bill does not provide enough help to low- and middle-income people to enable them to buy insurance.

Scott Mulhauser, a spokesman for Democrats on the Finance Committee, said: “This report is untrue, disingenuous and bought and paid for by the same health insurance companies that have been gouging consumers for too long. Now that health care reform grows ever closer, these health insurers are breaking out the same tired playbook of deception. It’s a health insurance company hatchet job.”

I am becoming increasingly convinced that nothing can get done in this country because everyone is too worried about the effect on their profits.  Regulation of the finance industry, health care reform, tort reform.  In every instance those opposed worry about their own bottom line.  What ever happened to the idea of the common good?

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Cameron Todd Willingham and the Death Penalty

I haven’t had the chance to read the article in the New Yorker Magazine by David Grann but Bob Herbert has written a powerful op-ed in today’s New York Times about Cameron Willingham’s execution by the State of Texas.

There is a long and remarkable article in the current New Yorker about a man who was executed in Texas in 2004 for deliberately setting a fire that killed his three small children. Rigorous scientific analysis has since shown that there was no evidence that the fire in a one-story, wood frame house in Corsicana was the result of arson, as the authorities had alleged.

In other words, it was an accident. No crime had occurred.

Cameron Todd Willingham, who refused to accept a guilty plea that would have spared his life, and who insisted until his last painful breath that he was innocent, had in fact been telling the truth all along.

…

The fire broke out on the morning of Dec. 23, 1991. Willingham was awakened by the cries of his 2-year-old daughter, Amber. Also in the house were his year-old twin girls, Karmon and Kameron. The family was poor, and Willingham’s wife, Stacy, had gone out to pick up a Christmas present for the children from the Salvation Army.

Willingham said he tried to rescue the kids but was driven back by smoke and flames. At one point his hair caught fire. As the heat intensified, the windows of the children’s room exploded and flames leapt out. Willingham, who was 23 at the time, had to be restrained and eventually handcuffed as he tried again to get into the room.

According to Grann and Herbert,  an incompetent arson investigator decided the fire was arson, witnesses decided that Willingham had not tried to rescue his children and there was a jailhouse snitch.   Herbert continues

Willingham was arrested and charged with capital murder.

When official suspicion fell on Willingham, eyewitness testimony began to change. Whereas initially he was described by neighbors as screaming and hysterical — “My babies are burning up!” — and desperate to have the children saved, he now was described as behaving oddly, and not having made enough of an effort to get to the girls.

And you could almost have guaranteed that a jailhouse snitch would emerge. They almost always do. This time his name was Johnny Webb, a jumpy individual with a lengthy arrest record who would later admit to being “mentally impaired” and on medication, and who had started taking illegal drugs at the age of 9.

The jury took barely an hour to return a guilty verdict, and Willingham was sentenced to death.

He remained on death row for 12 years, but it was only in the weeks leading up to his execution that convincing scientific evidence of his innocence began to emerge. A renowned scientist and arson investigator, Gerald Hurst, educated at Cambridge and widely recognized as a brilliant chemist, reviewed the evidence in the Willingham case and began systematically knocking down every indication of arson.

The authorities were unmoved. Willingham was executed by lethal injection on Feb. 17, 2004.

The fundamental problem with the death penalty is that you can’t take it back. 

Now comes a report on the case from another noted scientist, Craig Beyler, who was hired by a special commission, established by the state of Texas to investigate errors and misconduct in the handling of forensic evidence.

The report is devastating, the kind of disclosure that should send a tremor through one’s conscience. There was absolutely no scientific basis for determining that the fire was arson, said Beyler. No basis at all. He added that the state fire marshal who investigated the case and testified against Willingham “seems to be wholly without any realistic understanding of fires.” He said the marshal’s approach seemed to lack “rational reasoning” and he likened it to the practices “of mystics or psychics.”

Cameron Todd Willingham was executed by the State of Texas on no evidence.  Who will pay for his death?