Some random thoughts about Cliven Bundy

I’m with Jon Stewart:  I just don’t get it.  Here is a man who doesn’t recognize the United States government, but runs around with an American flag.  He thinks slavery was a fine institution, much better I guess than getting welfare, but Mr. Bundy doesn’t seem to realize that by grazing his cattle for free, he has been getting welfare for years.  Talk about welfare cheats!

And ya gotta love all those national political figures now in retreat.  I guess they were initially moved by the pictures of all those armed men prepared to put the women up front so they would die first.  But then came the comments about “Negroes”.   Dana Milbank had a great list of retreaters and their comments in his recent Washington Post column. 

Nevada cattle rancher Cliven Bundy knows how to start a stampede.

After Bundy, who became a right-wing hero for his refusal to acknowledge the authority of the federal government, wondered aloud about whether “Negro” people were “better off as slaves,” conservative figures who had celebrated his cause rushed to distance themselves from him.

Sen. Rand Paul (R-Ky.), who had condemned the federal government’s attempt to enforce court orders against Bundy: “Offensive.”

Sen. Dean Heller (R-Nev.), who had declared Bundy’s followers “patriots”: “Appalling and racist.”

And Sean Hannity, who had led a Fox News campaign that made a hero of Bundy: “Beyond repugnant.”

But Bundy’s daughter is still defending him.  According to Mother Jones

Bundy defended his initial comments on Thursday saying, “If they think I’m racist, they’re totally wrong…Again, I’m wondering are they better off under the old system of slavery or are they better off under the welfare slavery that they’re under now. You know, I’m not saying one way or the other.” And on Friday morning, he told CNN that he didn’t see a problem with using terms like “Negro” or “boy” for black people. “If those people cannot take those kind of words and not be (offended), then Martin Luther King hasn’t got his job done yet,” he told anchor Chris Cuomo.

Meanwhile, Bundy’s daughter, Shiree Bundy Cox, is striking back at conservatives who have turned tail on Bundy, especially Hannity. In a Facebook post Thursday night, she accused Hannity of abandoning her father and pandering to ratings. Here’s a snippet:

I’m sure most of you have heard the news about my dad being called a racist. Wow! The media loves to take things out of context don’t they? First off I’d just like to say that my dad has never been the most eloquent speaking person. Like someone said, he’s a Moses who needs an Aaron to speak for him. This is true. Second, however, is that the media has turned this into a circus side show. It’s like their trying to throw us off the real subject. Why was this ever even brought up? What does this have to do with land rights issues? Sean Hannity was all for reporting the happenings at the Bundy Ranch until this popped up. I wonder if someone hoped it would be that way…By the way, I think Mr. Hannity is more worried about his ratings than he really is about what my dad said. If he supports a supposed racist, what will that do to his ratings? He’s already lost his #1 spot on Fox.

If Shiree wants to understand the connection between land rights, race and taxes, Dana Milbank can explain it to her.

In general terms, Bundy’s notion of state supremacy — “I don’t recognize the United States government as even existing” — is a variant of states’-rights claims that go back to the Civil War and were revived in the segregationists’ opposition to civil rights laws. Because the federal government has been the protector of minority rights, states’ rights have long been used to justify discrimination.

Specifically, the Southern Poverty Law Center, which tracks anti-government and hate groups, says that Bundy’s sentiments align closely with those of the “Posse Comitatus” movement, founded by William Potter Gale in the 1970s. That movement based its anti-tax position — and its belief in the primacy of county and state authority over the federal government — on a belief that the levers of national power were controlled by Jewish bankers. “Most of the ideas that bolster positions like Cliven’s that the federal government doesn’t exist come from Posse Comitatus ideology,” the SPLC’s Ryan Lenz argues. And that ideology is rooted in bigotry.

I’m not sure how this will get resolved without violence, but if no action is taken I’m afraid that the discussion will pivot again into a questioning President Obama’s “manhood” for not fighting.  This will really obscure the issues.  In the meanwhile, we have Tom Tomorrow.

TT and Bundy



Republicans try to attract women

I was getting ready to call it a night as my head is swimming with a half written post about Trayvon Martin when I saw the new Tom Tomorrow cartoon.  It really needs no explanation.

TMW2013-07-17color  Great pick up lines.  I’m sure that women voters will be flocking to them in droves.

The real danger: The FISA Court

Congress and the President can say all they want to that everything about the surveillance is approved by the FISA Court.  OK.  But what do we know about this secret court?  Some revelations this past weekend by the Wall Street Journal and the New York Times tell us a great deal that I, for one, didn’t know.  For example, did you know that Chief Justice John Roberts was in charge?

The Ezra Klein/Evan Soltas Wonkblog had a great summary this morning.

The laws we live by aren’t just the bills Congress passes and the president signs. It’s what the courts decide those bills actually mean.

We’re used to that. The Affordable Care Act, for instance, says that states that don’t accept the Medicaid expansion lose all their Medicaid money. The Supreme Court decided that went too far. The law might still say that if you read the underlying bill, but it no longer means that. Now states can reject the Medicaid expansion without jeopardizing the rest of their Medicaid money — and many are.

But here’s the thing: When judges make the laws, Congress can always go back and remake the laws. The changes the court makes are public, and so is their reasoning. Both the voters and Congress know what the court has done, and can choose to revisit it.

Well, usually.

The Foreign Intelligence Surveillance Court (FISA court) that governs the national surveillance state is also remaking the law. But it’s remaking the law in secret. The public has no opportunity to weigh in, and Congress can’t really make changes, because few know what the court is deciding, and almost no one can discuss the decisions without endangering themselves.

So that’s a real Catch 22.

Surveillance types make a distinction between secrecy of laws, secrecy of procedures and secrecy of operations. The expectation is that the laws that empower or limit the government’s surveillance powers are always public. The programs built atop those laws are often secret. And the individual operations are almost always secret. As long as the public knows about and agreed to the law, the thinking goes, it’s okay for the government to build a secret surveillance architecture atop it.

But the FISA court is, in effect, breaking the first link in that chain. The public no longer knows about the law itself, and most of Congress may not know, either. The courts have remade the law, but they’ve done so secretly, without public comment or review.

These rules have been remade in a court where the government is the only witness, and there’s no possibility for appeal, and all 11 judges were chosen by Chief Justice John Roberts, and 10 of the 11 judges were Republican appointees to the federal bench. This is not a court like any other court in the United States save for the secrecy. It’s a court pretty much unlike any other in the United States.

When asked who watches over the National Security Agency’s surveillance efforts, the administration says that the FISA courts do. Trite as it may be, that leads to the age-old question: Well, then who watches over the watchers?

The answer would be to rewrite the law but how does one do that with a dysfunctional Congress and a law with impacts that no one can discuss without violating it?  As I said, a Catch-22.  But there is a proposal by Senator Jeff Merkley of Oregon and a bi-partisan group of other senators to end some of the secrecy.

We should be discussing ways to rein in the FISA Court and modify the Patriot Act.  Forget Edward Snowden.  He can stay at the Moscow airport or get smuggled to South American.  Fixing the law is what is important.

Let me end with Tom Tomorrow.

This Modern World

This Modern World