Friday, November 30, 2012

Marijuana Decriminalization Drops Youth Crime Rates by Stunning 20% in One Year

Arresting and putting low-level juvenile offenders into the criminal-justice system pulls many kids deeper into trouble rather than turning them around.

Marijuana — it’s one of the primary reasons why California experienced a stunning 20 percent drop in juvenile arrests in just one year, between 2010 and 2011, according to provocative new research.

The San Francisco-based Center on Juvenile & Criminal Justice (CJCJ) recently released a policy briefing with an analysis of arrest data collected by the California Department of Justice’s Criminal Justice Statistics Center. The briefing, “California Youth Crime Plunges to All-Time Low,” identifies a new state marijuana decriminalization law that applies to juveniles, not just adults, as the driving force behind the  plummeting arrest totals.

After the new pot law went into effect in January 2011, simple marijuana possession arrests of California juveniles fell from 14,991 in 2010 to 5,831 in 2011, a 61 percent difference, the report by CJCJ senior research fellow Mike Males found.  

“Arrests for youths for the largest single drug category, marijuana, fell by 9,000 to a level not seen since before the 1980s implementation of the ‘war on drugs,’ ” Males wrote in the report, released in October.  

In November, as Males blogged recently, voters in Washington state and Colorado voted to legalize but regulate marijuana use, like alcohol, for people over 21. California’s 2010 law did not legalize marijuana, but it officially knocked down “simple” possession of less than one ounce to an infraction from a misdemeanor — and it applies to minors, not just people over 21. Police don’t arrest people for infractions; usually, they ticket them. And infractions are punishable not by jail time, but by fines — a $100 fine in California in the case of less than one ounce of pot.

“I think it was pretty courageous not to put an age limit on it,” said Males, a longtime researcher on juvenile justice and a former sociology professor at the University of California at Santa Cruz.

Arresting and putting low-level juvenile offenders into the criminal-justice system pulls many kids deeper into trouble rather than turning them around, Males said, a conclusion many law-enforcement experts share.

California’s 2010 law still makes it a misdemeanor for anyone over 18 to possess less than an ounce of pot on school grounds, Males noted. For an adult, that’s an offense punishable by a $500 fine, ten days in a county jail or both. A minor caught on school grounds with less than an ounce of marijuana is also guilty of a misdemeanor and faces a $150 fine for the first offense, a $500 fine for a second offense and commitment to youth detention for not more than 10 days.

Before the passage of the 2010 law, Californians caught with less than an ounce of pot were arrested by the thousands every year, ultimately facing a fine of $100 fine and, under certain conditions, referral to drug treatment or education. Many of those arrested were booked, others were released but required to appear in court. They could demand a trial. Strained courts had to take up time ordering diversion treatment programs — a waste of court resources, supporters of a reform said.   

Backed by the California District Attorneys Association, the new pot law — passed by state lawmakers — did away with prior requirements that pot offenders be referred to treatment and now allows them to pay a $100 fine akin to that for jaywalking. When Gov. Arnold Schwarzenegger signed the law, he noted that simple pot possession in California was already “an infraction in everything but name.”

Males said he suspects that many of the 5,831 marijuana arrests of juveniles in California last year may have occurred on school grounds. He doesn’t have data yet to check his theory, however.

In his police briefing, Males also notes that juvenile arrests in California were the lowest ever recorded since statewide statistics were first compiled in 1954. The decline, Males said, wasn’t due just to fewer marijuana arrests.

Drug-related juvenile arrests overall fell by 47 percent between 2010 and 2011. Violent crime arrests fell by 16 percent; homicide arrests by 26 percent; rape arrests by 10 percent; and property-crime arrests by 16 percent. Nationwide, according to the FBI Uniform Crime Reports, arrests of juveniles for all offenses decreased 11.1 percent in 2011 when compared with the 2010 number; arrests of adults declined 3.6 percent.

http://www.alternet.org/marijuana-decriminalization-drops-youth-crime-rates-stunning-20-one-year?paging=off

Wednesday, November 28, 2012

Are Republicans Losing the South?

As the region changes demographically, the GOP's stranglehold is showing cracks.

One of the more interesting elements of President Barack Obama’s re-election victory was his strong performance in the South. He won Virginia and Florida—again—and came close to a win in North Carolina, where he lost by just two points. “Obama’s 2012 numbers in the Southeastern coastal states,” writes Douglas Blackmon for The Washington Post , “outperformed every Democratic nominee since Carter and significantly narrowed past gaps between Democratic and Republican candidates.”

Indeed, Blackmon—who won a Pulitzer for the book Slavery by Another Name —sees this as a crack in the Republican Party’s otherwise solid hold on the South. A growing African American population, combined with greater Latino immigration and a shrinking white electorate (the share of white votes in Florida dropped to 66 percent, for example) has allowed Democrats to make gains in states that were once GOP strongholds. Judging from Election Day, this is most true in the five states that hug the coast: Virginia, North Carolina, South Carolina, Georgia, and Florida.

The greater these demographic changes, the larger the crack in the GOP’s Southern wall and the more likely Democrats will consistently win states like Virginia and North Carolina and begin to compete in states like Georgia, where the Republican Party maintains a hold on most statewide offices.

With all of this said, there are a few important caveats. First, as Blackmon points out, this doesn’t apply to the interior states of the South. There, voting is highly polarized along racial lines— in Alabama , for example, 84 percent of whites voted for Mitt Romney, while 95 percent of blacks voted for Barack Obama. The difference is most stark in Mississippi, where 89 percent of whites voted for Romney, and 96 percent of blacks voted for Obama. Even with growing African American and Latino populations, these states need a dramatic drop in the white share of the electorate for them to become competitive.

Beyond that, it’s worth noting that the South has not lost that much of its Republican advantage. At some point, yes, Georgia and South Carolina will become competitive states. But at the moment, they’re just as pro-GOP compared to the national vote as they were in the 1980s, when Republicans dominated the national popular vote. According to the most recent total, Mitt Romney won 47.54 percent of the vote on Election Day. By contrast, he won 53 percent of the vote in Georgia (a 5.46 point GOP advantage) and 55 percent of the vote in South Carolina —a nearly 8-point advantage.

Likewise, in the 1988 presidential election , George H.W. Bush won 53.4 percent of the popular vote to Michael Dukakis’s 45.7 percent. In South Carolina, Bush’s total was 61.5 percent, and in Georgia, it was 59.8—or an advantage of 8.1 points and 6.4 points, respectively.

Mitt Romney didn’t substantially underperform compared to previous Republicans in the South, and if Obama overperformed, it’s as much about demographics as the fact that Obama won with a popular-vote majority.

None of this is to say that Blackmon hasn’t made an interesting observation about where the region is going; it’s a near certainty that the South, and the coastal South in particular, will become more competitive as time goes on. But for this election, a little perspective goes a long way—Obama hasn’t done much better than previous Democrats, and Mitt Romney didn’t do much worse.

http://www.alternet.org/tea-party-and-right/are-republicans-losing-south

Private Prison Company Used in Drug Raids at Public High School

Corrections Corporation of America used in drug sweeps of public school students in Arizona

In Arizona an unsettling trend appears to be underway: the use of private prison employees in law enforcement operations.

The state has graced national headlines in recent years as the result of its cozy relationship with the for-profit prison industry. Such controversies have included the role of private prison corporations in SB 1070 and similar anti-immigrant legislation disseminated in other states; a 2010 private prison escape that resulted in two murders and a nationwide manhunt; and a failed bid to privatize nearly the entire Arizona prison system.

And now, recent events in the central Arizona town of Casa Grande show the hand of private corrections corporations reaching into the classroom, assisting local law enforcement agencies in drug raids at public schools.



Trick or Treat

At 9 a.m. on the morning of October 31, 2012, students at Vista Grande High School in Casa Grande were settling in to their daily routine when something unusual occurred.

"To invite for-profit prison guards to conduct law enforcement actions in a high school is perhaps the most direct expression of the 'schools-to-prison pipeline' I've ever seen," —Caroline Isaacs, American Friends Service Committee (AFSC)

Vista Grande High School Principal Tim Hamilton ordered the school -- with a student population of 1,776 -- on "lock down," kicking off the first "drug sweep" in the school's four-year history. According to Hamilton, "lock down" is a state in which, "everybody is locked in the room they are in, and nobody leaves -- nobody leaves the school, nobody comes into the school."


"Everybody is locked in, and then they bring the dogs in, and they are teamed with an administrator and go in and out of classrooms. They go to a classroom and they have the kids come out and line up against a wall. The dog goes in and they close the door behind, and then the dog does its thing, and if it gets a hit, it sits on a bag and won't move."

While such "drug sweeps" have become a routine matter in many of the nation's schools, along with the use of metal detectors and zero-tolerance policies, one feature of this raid was unusual. According to Casa Grande Police Department (CGPD) Public Information Officer Thomas Anderson, four "law enforcement agencies" took part in the operation: CGPD (which served as the lead agency and operation coordinator), the Arizona Department of Public Safety, the Gila River Indian Community Police Department, and Corrections Corporation of America (CCA).

It is the involvement of CCA -- the nation's largest private, for-profit prison corporation -- that causes this high school "drug sweep" to stand out as unusual; CCA is not, despite CGPD's evident opinion to the contrary, a law enforcement agency.

"To invite for-profit prison guards to conduct law enforcement actions in a high school is perhaps the most direct expression of the 'schools-to-prison pipeline' I've ever seen," said Caroline Isaacs, program director of the Tucson office of the American Friends Service Committee (AFSC), a Quaker social justice organization that advocates for criminal justice reform.

"All the research shows that CCA doesn't properly train its staff to do the jobs they actually have. They most certainly do not have anywhere near the training and experience--to say nothing of the legal authority--to conduct a drug raid on a high school," Isaacs added. "It is chilling to think that any school official would be willing to put vulnerable students at risk this way."

Welcome to Prison Town, U.S.A.

CCA, the nation's largest for-profit prison/immigrant detention center operator, with more than 92,000 prison and immigrant detention "beds" in 20 states and the District of Columbia, reported $1.7 billion in gross revenue last year. This revenue is derived almost exclusively from tax payer-funded government (county, state, federal) contracts through which the corporation is paid per-diem, per-prisoner rates for the warehousing of prisoners and immigrant detainees.

And, CCA has a substantial presence in Casa Grande and throughout Arizona's Pinal County (Casa Grande is the largest town in Pinal County). The corporation owns and operates a total of six correctional/detention facilities in the county, distributed through the towns of Florence and Eloy.

These facilities hold a mixture of prisoners from the U.S. Immigration and Customs Enforcement, the U.S. Marshals Service, the Hawaii Department of Public Safety Division of Corrections, TransCor (a detainee/prisoner transportation subsidiary of CCA), the Pascua Yaqi Tribe, the U.S. Air Force, the Vermont Department of Corrections, and the California Department of Corrections and Rehabilitation. In September of this year, CCA was awarded a contract with the Arizona Department of Corrections (ADC) to house 1,000 medium security prisoners at the corporation's Red Rock Correctional Center in Eloy.

In 2009, the Central Arizona Regional Economic Development Foundation listed CCA as the largest non-governmental employer in Pinal County. To boot, CCA is a "Board Level" member of the Arizona Chamber of Commerce and Industry, a powerful trade/lobby organization, and is active in the Eloy, Florence, and Casa Grande chambers of commerce. (For more on CCA's political influence in Arizona, see "Brownskins and Greenbacks," DBA Press, June 2010.)

This CCA presence, coupled with the location of two correctional facilities operated by GEO Group (the nation's second largest for-profit prison/immigrant detention center contractor) in the county, as well as two ADC-run prison complexes, makes Pinal County -- which once cited mining and agriculture as its economic bedrock -- a de facto prison industry community.

Despite the obvious differences between CCA and actual law enforcement agencies, those involved in the Vista Grande High School drug sweep seem unable to differentiate between CCA employees and law enforcement officers.
"CCA is like a skip and a hop away from us-- as far as the one in Florence," said Anderson. "We work pretty closely with all surrounding agencies, whatever kind of law enforcement they are-- be they police, or immigration and naturalization, or the prison systems. So, yeah, this seems pretty regular to me."



For his part, Hamilton seems equally unable to differentiate between law enforcement officers and employees of a for-profit prison corporation.

"To be honest with you, I couldn't tell if they were Casa Grande Police, Pinal County police, Gila River, the sheriff's department-- they all look the same," said Hamilton.

Questions of Legality

But they are not the same.

Aside from the fact that CCA is a private corporation that derives its profits from the incarceration of human beings-- such as minimum and medium security drug offenders -- Arizona Administrative Code provides that, in order for any individual to engage in the duties of a "peace officer," that individual must obtain certification from the Arizona Peace Officer Standards and Training (POST) Board. Arizona Revised Statutes defines "peace officer" to include such law enforcement personnel as: municipal police officers, constables, marshals, Department of Public Safety personnel, and community college/university police.

The POST Board is comprised of the Arizona Attorney General, the director of the Arizona Department of Corrections, the director of the Arizona Department of Public Safety, municipal police department chiefs, county sheriffs, state university personnel, and other public safety/law enforcement personnel. POST's essential purpose, as defined by Arizona law is to "prescribe reasonable minimum qualifications for officers to be appointed to enforce the laws of this state and the political subdivisions of this state and certify officers in compliance with these qualifications."

And, Arizona Administrative Code is very clear on this point: "a person who is not certified by the Board or whose certified status is inactive shall not function as a peace officer or be assigned the duties of a peace officer by an agency . . . "

According to POST Executive Director Lyle Mann, POST provides two types of certification: standards and training certification for "peace officers," and standards and training certification for correctional officers. Arizona Administrative Code mandates that ADC officers be POST certified. However, according to Mann, employees of private prison contractors are exempt from this standards and training requirements. As such, said Mann, no CCA employee is POST certified -- as either a "peace officer" or a correctional officer.

It is important to note that Arizona Administrative Code explicitly states that non-regular "peace officers" -- secondary parties engaging in certain limited aspects of law enforcement under the command/supervision of regular peace officers -- must also be POST certified.

According to Arizona Administrative Code, a "limited-authority peace officer" is defined as "a peace officer who is certified to perform the duties of a peace officer only in the presence and under the supervision of a full-authority peace officer." The Code goes on to state that duties which may be performed by a "limited-authority peace officer" in the presence of a "full-authority peace officer" include: "investigative activities performed to detect, prevent, or suppress crime, or to enforce criminal or traffic laws of the state, county, or municipality."

This definition seems to fit the description -- with the exception that CCA employees aiding CGPD "peace officers" are not POST certified -- of what occurred at Vista Grande High School on the morning of October 31, 2012.

According to Officer Anderson and Principal Hamilton, the raid was organized and conducted at Hamilton's request.

"We need to keep drugs off our campus," said Hamilton when asked why he requested the raid. "We wanted to make sure our campus . . . we wanted to send a message to kids that we don't want that stuff on our campus."

Hamilton stated that, outside from this desire to send a "message to kids," he had no knowledge of any particular drug use problem on his school's campus.


CGPD then issued a request for assistance to what it considered to be other local law enforcement agencies -- including CCA.

According to Anderson, CCA provided two canine units (handlers and dogs) to aid in the high school "drug sweep." These CCA canine units worked under the command of the lead CGPD canine unit.

According to Anderson, there is no contract or formal agreement for such services extant between CGPD and CCA. Rather, said Anderson, CCA simply agreed to participate in the raid when approached by CGPD "K-9" officers. Anderson stated that he does not know whether CGPD ever contacted POST-certified correctional canine units at either of the two nearby ADC-operated prisons.

As to the general role canine units play in such school "drug sweeps," Anderson stated that the dogs and their handlers are typically utilized to detect the presence of illicit materials in classrooms and school parking lots.

This activity, as was conducted by CCA employees, would seem to fall squarely under the Arizona Administrative Code description of duties performed by "limited-authority peace officers" -- officers who may perform "investigative activities" for the purpose of detecting, preventing, or suppressing criminal activity, and who are only authorized to do so while in the presence of "full-authority peace officers," such as CGPD. Such "limited-authority peace officers" are required to be POST certified.

Regardless, according to both Anderson and Hamilton, this type of activity has been going on for years in Pinal County.

According to Anderson, a similar "drug sweep" -- utilizing CCA canine units -- was conducted at Casa Grande's Union High School in 2011. Anderson has been unable to provide further details relating to this event.

According to Anderson, the Vista Grande High School raid is unlikely to be the last instance of CCA partnership with local law enforcement, as he assumed CGPD would use the corporation's canine teams again, if needed.

And, according to Hamilton, he requested and had executed "drug sweeps" utilizing CCA canine units "two or three times a year," while serving as principal at Coolidge High School in Coolidge, Arizona -- also located in Pinal County, roughly ten miles from the private prison mecca of Florence. Hamilton was principal at Coolidge High School from 2003 through 2007.

CCA did not respond to multiple requests for comment regarding their involvement in law enforcement operations at public schools in Pinal County.

Conflict of Interest: From the Cradle to the Cell

According to Anderson, three students were arrested as a result of the October 31 Vista Grande raid: two female students, ages 15 and 17, as well as one 15-year-old male. According to Anderson, the 15-year-old female was found in possession of .10 grams of marijuana; the 15-year-old male student was found in possession of .50 grams of marijuana; and the 17-year-old female was found in possession of 10 ounces of marijuana. According to Anderson, this last quantity was "individually packaged." 



According to Anderson, the students were referred to the juvenile division of Pinal County Superior Court. All students were then released to their parents/legal guardians. 

According to Hamilton, the school will commence expulsion hearings against all students arrested.

It is worth noting that, while (as of November 12, 2012) charges have yet to be filed against students arrested in the October 31 Vista Grande drug raid, it is possible, under Arizona law, for the 17-year-old female allegedly found to be in possession of 10 ounces of "individually packaged" marijuana to be sentenced as an adult if charged with possession with intent to distribute -- a felony which would could carry a prison sentence.

In addition, it is important to note that, under Arizona law, individuals arrested for illicit activity/possession of illicit substances on or near school grounds may face "drug-free school zone" sentencing enhancements. Those convicted of drug (including marijuana) offenses in Arizona courts, and sentenced through the stringent criteria of "drug-free school zone" sentencing enhancements, lose the possibility of sentence suspension, parole, or probation (which would rule out the possibility of a deferral or diversion). This sentencing enhancement also adds a mandatory year to any prison sentence handed down by the court.

While the recently-awarded 1,000 CCA Arizona prison beds have yet to come into operation, it is exactly this kind of low risk, minimum to medium security prisoner that corporations such as CCA derive much of their profit from.

Furthermore, according to Anderson, the Vista Grande High School marijuana arrests have sparked a broader, ongoing investigation.

Given the fact that such high school raids may serve as the foundation for larger narcotics investigations which may net additional adult offenders -- and given the tremendous pressure for information a prosecutor may exert on a student through discretionary use of "drug-free school zone" sentencing enhancements -- concerned citizens say that CCA's involvement in such raids constitutes a clear conflict of interest.

"They're [CCA] not the criminal justice system. They are benefactors of the criminal justice system," said correctional specialist and prison reform advocate, Carl Toersbijns.

Toersbijns, now retired (he retired in 2010), served as a deputy warden of operations at ADC-operated Arizona State Prison (ASP) Eyeman, as a deputy warden of operations at ASP Safford, as a deputy warden of operations at New Mexico Department of Corrections-operated Western New Mexico Correctional Facility (Grants, New Mexico), and as an associate warden at the Central New Mexico Correctional Facility (at Los Lunas, New Mexico). Collectively, Toersbijns' career in corrections has spanned over 25 years in both Arizona and New Mexico. Such work, said Toersbijns, has entailed everything from details with prison canine units, to prison gang units.

"They [CCA] use the criminal justice system as a means of making income -- for profit," added Toersbijns. "So, their interest in the criminal justice system is totally opposite of the police officer. The police officer is public safety. The primary interest for CCA and associated entities is profit. So, there most definitely is a conflict of interest."

Profit-Driven Roadmap to the Present: "Tough-on-Crime" Mania and the Introduction of the "War on Drugs" to the Classroom.

As some opponents of prison privatization attest, CCA embodies the worst pitfalls of public-private partnerships, in that the corporation has worked in the past to advance criminal justice legislation that has contributed to both a swell in U.S. prison/detention center populations and, consequently, CCA's bottom line.

For example, CCA was active (both as a co-chair and member) in the American Legislative Exchange Council's (ALEC) Public Safety and Elections Task Force (formerly the ALEC Criminal Justice Task Force) through the 1990s, to the end of 2010.

ALEC bills itself as "the nation’s largest, non-partisan, individual public-private membership association of state legislators," working toward the advancement of the "Jeffersonian ideals" of limited federal government. In reality, ALEC is almost entirely funded by corporations and sources other than legislative dues, and it is overwhelmingly comprised of Republican state lawmakers and an untold number of large corporations and influential law/lobby firms (although at least 41 companies have announced they have stopped funding ALEC in the wake of public exposure of its activities). ALEC's primary objective is to adopt and disseminate "model legislation," much of which is drafted entirely by its private sector members. ALEC boasts that nearly 20 percent of this "model legislation" introduced in state legislatures nationwide is passed into law annually.

In the wake of reporting outlining CCA's involvement with ALEC and the spread of immigration law based on SB 1070, CCA told the Arizona Republic, in September 2011, that the corporation left ALEC at an undisclosed time in 2010.

Records obtained by DBA Press show the direct sponsorship of both CCA and of Management and Training Corporation ("MTC," currently the nation's third largest for-profit prison/immigrant detention center operator) of the August 2010 ALEC Annual Meeting, as well as the likely involvement of lobbyists employed by both CCA, MTC and GEO Group in the December, 2010 ALEC "States and Nation Policy Summit".

Arizona lobby reports also show clear GEO Group involvement with ALEC during the December, 2009 ALEC States and Nation Policy Summit -- the meeting at which then-Arizona State Senator Russell Pearce introduced legislation (that would later be introduced in the Arizona legislature as SB 1070) for adoption as a piece of ALEC Public Safety and Elections Task Force "model legislation." Subsequently, copycat legislation similar to this ALEC model bill -- the "No More Sanctuary Cities for Illegal Immigrants Act" -- began appearing in state legislatures throughout the nation.

Furthermore, the ALEC Public Safety and Elections Task Force was instrumental, during the years of CCA's membership and leadership, in proliferating such 'tough-on-crime' legislation as: "three strikes," "truth in sentencing" and "mandatory minimum" sentencing guidelines.

And ALEC also advanced the model "Private Correctional Facilities Act," which allowed private corporations to operate state prisons.

These guidelines and pieces of "model legislation" (including the "Private Correctional Facilities Act") were advanced by ALEC in partnership with CrimeStrike, a division of the National Rifle Association ("NRA," a longtime ALEC private sector member), throughout the first half of the 1990s. Critics of this effort saw CrimeStrike largely as a response to the Clinton administration's desire to strengthen firearms violence prevention laws. As such, the CrimeStrike campaign spawned the saying, "guns don't kill people, people kill people"-- and posited that the solution to crime would be found through the use of greater criminal penalties. This strategy took advantage of, and perpetuated, the "tough-on-crime" sentiments of the day.

Largely as a result of model laws/sentencing guidelines advanced by the ALEC/NRA CrimeStrike partnership, the United States experienced a boom in the number of incarcerated individuals (in state and federal prisons, as well as in jails)-- from just over 1.1 million incarcerated in 1990, to nearly 2.3 million in 2010.

During the years of CCA's Criminal Justice/Public Safety and Elections Task Force involvement, ALEC also advanced and advocated "model legislation" that not only resulted in greater drug law enforcement presence on public school campuses, but that also mandated tough sentencing enhancements for drug offenses committed in "drug-free school zones."

The ALEC "Drug-Free Schools Act" called for the use of federal funds provided through the Drug Free Schools and Communities Act of 1986 for "enhanced apprehension, prevention and education efforts" in joint cooperation between law enforcement agencies and local school districts.

Multiple ALEC publications (including the ALEC "Sourcebook for American State Legislation 1993-94," which lists CCA among the organization's private sector members and advisors), along with the ALEC "Use of a Minor in Drug Operations Act" reference the "model Drug-Free School Zone Act," although it is unclear whether this "model" bill originated with ALEC.

It is clear, however, that the model "Drug-Free School Zone Act," which establishes "drug-free school zones" and carries sentencing enhancements similar to the enhancements codified in Arizona law, was promoted by a broad coalition of public interests groups during the 'tough-on-crime' fervor of the early-to-mid 1990s. The model bill enjoyed such support that the 1992 National Office of Drug Control Policy (NODCP) established federal assistance in establishing "drug-free school zones," as well as mandatory sentencing enhancements nationwide.

Interestingly enough, this NODCP initiative, which was set forth in a report discussing the agency’s "national priorities" for 1992, advocated state adoption of several other known pieces of ALEC model legislation, such as the "Use of a Minor in a Drug Operations Act," as well as other ALEC "models" calling for the suspension or revocation of occupational licenses for professionals convicted of drug crimes, the eviction of drug offenders from public housing, and the use of "mandatory minimum" sentencing guidelines.

Not surprisingly, ALEC, along with several other public policy groups, was credited by the NODCP as having been "especially helpful in the formulation of this strategy."

In April of 2012, following widespread criticism and loss of corporate sponsorship due to such pieces of "model legislation" disseminated by the Public Safety and Elections Task Force as the "Stand Your Ground Act," the "Voter ID Act" and the "No More Sanctuary Cities for Illegal Immigrants Act," ALEC announced that it would disband the task force (an announcement that PRWatch has critiqued as a "PR" maneuver).

Unfortunately, as the October 31 Vista Grande High School drug raid illustrates, the purported discontinuation of this task force comes only after the damage of two decades of private prison industry influence in the legislative process has taken its toll.

Is Any of this Right?

Vast differences between law enforcement agencies and private, for-profit corrections corporations aside, former ADC deputy warden and corrections specialist Carl Toersbijns said he sees a greater underlying problem in the practice of using any prison -- public or private -- personnel in school drug raids.

The simple fact is this: correctional officers -- people who work on a continual basis around adult criminal offenders-- have a much different mentality than a teacher, principal, or police officer. This mentality, he believes, may not be the most suitable mentality to subject school children to.

"Children are different -- they don't act like adults, and I don't think you ought to use corrections officers around children," said Toersbijns. "It's a different culture, it's a different setting, it's a different approach. It's inappropriate." 

For example, the term "lockdown," said Toersbijns, may mean an entirely different thing to a corrections officer than it means to school personnel, students, or police.



"They use that terminology, 'lock down,' in the police department too. When they've got something going on in the neighborhood -- a robbery suspect in the neighborhood -- they lock the schools down [. . .] If you have a group there, that you've called in to do a job, and some of them are correctional officers, and they hear the words 'lock down,' it has a different meaning -- it has a total different meaning [. . .] You don't tell a correctional officer 'this school's on lock down,' because the mentality is: 'oh, I can go anywhere I want and tear up anything I want and grab anything that I want. That's the mentality we use in prison. Prisoners don't have rights -- you and I both know that -- when it comes to search and seizure, they don't have no rights. Children have rights."

http://www.commondreams.org/headline/2012/11/27-1

Tuesday, November 27, 2012

Cenk

Monday, November 26, 2012

Give Pot a Chance

In two weeks, adults in this state will no longer be arrested or incarcerated for something that nearly 30 million Americans did last year. For the first time since prohibition began 75 years ago, recreational marijuana use will be legal; the misery-inducing crusade to lock up thousands of ordinary people has at last been seen, by a majority of voters in this state and in Colorado, for what it is: a monumental failure.

That is, unless the Obama administration steps in with an injunction, as it has threatened to in the past, against common sense. For what stands between ending this absurd front in the dead-ender war on drugs and the status quo is the federal government. It could intervene, citing the supremacy of federal law that still classifies marijuana as a dangerous drug.

But it shouldn’t. Social revolutions in a democracy, especially ones that begin with voters, should not be lightly dismissed. Forget all the lame jokes about Cheetos and Cheech and Chong. In the two-and-a-half weeks since a pair of progressive Western states sent a message that arresting 853,000 people a year for marijuana offenses is an insult to a country built on individual freedom, a whiff of positive, even monumental change is in the air.

In Mexico, where about 60,000 people have been killed in drug-related violence, political leaders are voicing cautious optimism that the tide could turn for the better. What happens when the United States, the largest consumer of drugs in the world, suddenly opts out of a black market that is the source of gangland death and corruption? That question, in small part, may now be answered.

Prosecutors in Washington and Colorado have announced they are dropping cases, effective immediately, against people for pot possession. I’ve heard from a couple of friends who are police officers, and guess what: they have a lot more to do than chase around recreational drug users.

Maine (ever-sensible Maine!) and Iowa, where the political soil is uniquely suited to good ideas, are looking to follow the Westerners. Within a few years, it seems likely that a dozen or more states will do so as well.

And for one more added measure of good karma, on Election Day, Representative Dan Lungren, nine-term Republican from California and a tired old drug warrior who backed some of the most draconian penalties against his fellow citizens, was ousted from office.

But there remains the big question of how President Obama will handle the cannabis spring. So far, he and Attorney General Eric Holder have been silent. I take that as a good sign, and certainly a departure from the hard-line position they took when California voters were considering legalization a few years ago. But if they need additional nudging, here are three reasons to let reason stand:

Hypocrisy. Popular culture and the sports-industrial complex would collapse without all the legal drugs that promise to extend erections, reduce inhibitions and keep people awake all night. I’m talking to you, Viagra, alcohol and high-potency energy drinks. Worse, perhaps, is the $25 billion nutritional supplement industry, offerings pills that make exaggerated health claims and steroid-based hormones that can have significant bad consequences. The corporate cartels behind these products get away with minimal regulation because of powerful backers like Senator Orrin Hatch of Utah.

In two years through 2011, more than 2,200 serious illnesses, including 33 fatalities, were reported by consumers of nutritional supplements. Federal officials have received reports of 13 deaths and 92 serious medical events from Five Hour Energy. And how many people died of marijuana ingestion? Of course, just because well-marketed, potentially hazardous potions are legal is no argument to bring pot onto retail shelves. But it’s hard to make a case for fairness when one person’s method of relaxation is cause for arrest while another’s lands him on a Monday night football ad.

Tax and regulate. Already, 18 states and the District of Columbia allow medical use of marijuana. This chaotic and unregulated system has resulted in price-gouging, phony prescriptions and outright scams. No wonder the pot dispensaries have opposed legalization — it could put them out of business.

Washington State officials estimate that taxation and regulation of licensed marijuana retail stores will generate $532 million in new revenue every year. Expand that number nationwide, and then also add into the mix all the wasted billions now spent investigating and prosecuting marijuana cases.

With pot out of the black market, states can have a serious discussion about use and abuse. The model is the campaign against drunk driving, which has made tremendous strides and saved countless lives at a time when alcohol is easier to get than ever before. Education, without one-sided moralizing, works.

Lead. That’s what transformative presidents do. From his years as a community organizer — and a young man whose own recreational drug use could have made him just another number in lockup — Obama knows well that racial minorities are disproportionately jailed for these crimes. With 5 percent of the world’s population, the United States has 25 percent of its prisoners — and about 500,000 of them are behind bars for drug offenses. On cost alone — up to $60,000 a year, to taxpayers, per prisoner — this is unsustainable.

Obama is uniquely suited to make the argument for change. On this issue, he’ll have support from the libertarian right and the humanitarian left. The question is not the backing — it’s whether the president will have the backbone.

http://opinionator.blogs.nytimes.com/2012/11/22/give-pot-a-chance/?smid=tw-share

Sunday, November 25, 2012

Why Liberal is No Longer a Dirty Word

A full 25 percent of voters in this month's election identified themselves as liberals, according to exit polls, a marked increase from 22 percent in 2008. (Conservative is still a more popular identifier, with 35 percent of voters claiming that label.) Still, the "L" word is more popular than it has been since 1976. Conservatives managed to turn "liberal" into an insult in the 1980s, and when Republican icon Ronald Reagan won re-election in 1984, only 17 percent of voters confessed to being liberal. Today that number has ballooned to 25 percent. Why are a growing percentage of Americans calling themselves liberal? Here, three theories:

1. Obama made being liberal cool again
President Obama has "talked about government in a way that many Democrats haven't in recent years," forcefully making the case for a more active role for public agencies in American life, says Aaron Blake at The Washington Post. Obama "may not call himself a liberal," but that's how people see his policies. "Thus, Obama supporters are less reticent to embrace that label." And "the Democratic Party is riding high" — it just snared a majority of the popular vote in two consecutive presidential votes for the first time since the days of Franklin Delano Roosevelt. "They've done it with a president who is regarded as a liberal," and that reinforced "the idea that it's okay to be liberal."

2. Conservatives have been unfairly tarred
It's not that Americans are suddenly gung-ho about liberal politics, says Gary Bauer at Human Events. Voters are still filled with "strong skepticism about whether Obama will be able to accomplish Americans' goals." The Obama campaign simply managed to drive people away from Mitt Romney with a relentless barrage of negative ads smearing him — and, by extension, conservative politics — as "uncaring and disconnected." Republicans can regain this lost ground next time around if they just learn from this loss. "Republican values — strong families, faith, personal responsibility and freedom, among others — are not unique to specific subsets of the electorate. They are universal values, and it is Republicans' job to remind Americans of that fact."

3. America really is changing
"Some of the fastest-growing demographics in the country happen to be the ones that are trending toward the 'liberal' label," says Blake at The Washington Post. That includes "non-religious people (rising from 18 percent liberal in 2004 to 24 percent today), college graduates (from 48 percent to 53 percent) and Hispanics (from 10 percent to 13 percent). Young people, of course, have always been pretty liberal; the label's increasing appeal to these groups means it is gaining steam." Reinforcing this trend is the nation's increasing "tilt to the left when it comes to social policy," as seen in voters' increasing openness to legalizing recreational marijuana use and gay marriage. But the main thing, says Wisconsin state Rep. Leon D. Young at the Milwaukee Courier, is that "the American electorate is indeed changing. It's younger, more multicultural in appearance (Black, Latino and Asian), and definitely less white." Is it any wonder a growing percentage of voters identify as progressives?

http://theweek.com/article/index/236614/why-liberal-is-no-longer-a-dirty-word

Saturday, November 24, 2012

Why Are So Many Christians Conservative?

How can people who claim to be followers of Jesus be political conservatives?

When you are in the political world, you have decisions to make every single day about who you will try to help and who you won't. In spite of the earnest quest of good technocrats everywhere, the simple fact is that there are only a few win-win solutions. Who you tax, who you give a tax break to, what programs you cut or add to, who you tighten regulations on, and who you loosen them on, what kind of contractors are eligible for government work, which school districts and non-profit groups get federal money, etc: these political decisions are generally not win-win. Instead, they mean that one group of people win, and one group of people loses. It is the nature of politics, and you can't take the politics out of politics.

The most fundamental difference between progressives and conservatives is that question of which side you are on. Conservatives believe that the rich and powerful got that way because they deserve to be, that society owes its prosperity to the prosperous, and that government's job when they have to make choices is to side with those businesspeople who are doing well, because all good things trickle down from them. Progressives, on the other hand, believe it is the poor and those who are ill-treated who need the most help from their government, and that prosperity comes from all of us -- the worker as well as the employer, the consumer as well as the seller, the struggling entrepreneur trying to make it as well as the wealthy who already have.

Usually, I might spend my time arguing which of those worldviews gives us better policy outcomes, or which is better politics, but in this post I want to focus on something else: which side the God of the Judeo-Christian Biblical tradition is on.

Between Glenn Beck's conspiracy theories about Christian social justice (Since Communists and Nazis both used the words "social" and "justice," sometimes even together, the phrase must be bad along with other words they used a lot like the, and, one, thank you, please, today, tonight, and tomorrow), Sarah Palin's "spiritual warfare," and my very fun e-mail debates with a much-beloved but sadly misguided conservative Christian relative, I have been thinking a lot about Christians and political ideology of late. As those of you who read me a lot know, I was raised in a church-oriented home, and I write about religion a fair amount. This isn't because I am conventionally religious: I decided about four decades ago that since there was no way for sure about the nature of God or the soul or all that metaphysical stuff, I wasn't going to spend much time thinking, caring, or worrying about it. If that sends one to hell, at least I'll be there with a lot of my favorite people. But I still have the social and moral teaching I learned from my upbringing embedded in me as a core part of my value system, and I still know my Bible pretty well.

That's why I am always puzzled by how people who claim to be followers of the Jesus I read about in the Bible can be political conservatives.

Now I know there are many people who have not been brought up in the Christian faith, or who were but aren't interested in it anymore. Perhaps like a great many folks, you have been turned off by all the high-profile preachers who claim to speak for Christianity but preach a brand of narrow, intolerant conservatism that you can't relate to. My view is that even if that is the case, it is still important to know something about the Christian New Testament because it is such a historical and cultural touchstone in our country. I also think it's important to have a sense of just how different the Bible is from how conservative Christians represent it. For those of you uninterested in all this, I understand why: you definitely won't want to dig into what follows. But for those of who are, here is my argument about Christianity and progressivism in politics.

Conservative Christians' primary argument regarding Jesus and politics is that all he cared about was spiritual matters and an individual's relationship with God. As a result, they say, all those references from Jesus about helping the poor relate only to private charity, not to society as a whole. Their belief is that Jesus, and the New Testament in general, is focused on one thing and one thing only: how do people get into heaven.

The Jesus of the New Testament was of course extremely concerned with spiritual matters: there is no doubt whatsoever about his role or interest in the issues of the day, that the spiritual well-being of his followers was a major interest of his. How much he was involved with or interested in the political situation of the day is a matter of much debate and interpretation. Some say it was a lot and others that it was pretty limited or, as conservatives would say, not at all. However, much of a priority or focus it was, though, if you actually read the Gospels, it is clear that Jesus' main concern in terms of the people whose fates he cared about was for the poor, the oppressed, and the outcast. Comment after comment and story after story in the Gospels about Jesus relates to the treatment of the poor, generosity to those in need, mercy to the outcast, and scorn for the wealthy and powerful. And his philosophy is embedded with the central importance of taking care of others, loving others, treating others as you would want to be treated. There is no virtue of selfishness here, there is no "greed is good," there is no invisible hand of the market or looking out for Number One first. There is nothing about poor people being lazy, nothing about the undeserving poor being leeches on society, nothing about how I pulled myself up by my own bootstraps so everyone else should, too. There is nothing about how in nature, "the lions eat the weak," and therefore we shouldn't help the poor because it weakens them. There is nothing about charity or welfare corrupting a person's spirit.

What there is: quote after quote about compassion for the poor. In Jesus' very first sermon of his ministry, the place where he launched his public career, he stated the reason he had come: to bring good news to the poor, liberty to the captives, to help the oppressed go free, and that he was here to proclaim a year of favor from the Lord -- which in Jewish tradition meant the year that poor debtors were forgiven their debts to bankers and the wealthy. In Luke 6, Jesus says the poor and hungry will be blessed, and the rich will be cursed. He urges his followers to sell all their possessions and give them to the poor. The one time he really focuses on God's judgment and who goes to heaven is in Matthew 25, where he says those who go to heaven will be those who fed the hungry, clothed the naked, visited those in prison, gave shelter to the hungry, and welcomed the stranger -- and those who don't make it were the ones who refused to help the poor and oppressed.

And he was a really serious class warrior, too -- he wasn't just into helping the poor; he didn't seem to like rich folks very much. In Matthew 6, he focuses on the love of money as a major problem. In Luke 11, he berates a wealthy lawyer for burdening the poor. In Luke 12, he says that the wealthy who store up treasure are cursed by God. In Luke 14, he says if we throw a party, we should invite all poor people and no rich people, and suggests that the wealthy already turned down their invitation to God's feast, and that it is the poor who will get into heaven (a theme repeated multiple times). He says that the rich people will have a harder time getting to heaven than a camel trying to pass through the eye of a needle. He chases the wealthy bankers and merchants from the Temple.

I have never heard a conservative Christian quote any of these verses -- not once, and I have been in a lot of discussions with Christian conservatives, and heard a lot of their speeches and sermons. The one verse they always quote (and I mean always -- I have never talked to a conservative Christian about economics and not heard them quote this verse) is the one time in which Jesus says that "the poor will always be with us." The reason they love this quote so much is that they interpret that line to mean that in spite of everything else Jesus said about the poor, that since the poor will always be with us, we don't need to worry about trying to help them. Apparently since the poor will always be with us, we can go ahead and screw them. But Jesus making a prediction that there will always be oppressive societies doesn't mean he wanted us to join the oppressors. By clinging desperately to that one verse in the Bible, and ignoring all the others about the poor and the rich, Christian conservatives show themselves to be hypocrites, plain and simple.

The Jesus of the New Testament spent his public career preaching about the nature of God and our relationship to God, but also about how we should deal with each other. He repeatedly blessed mercy, gentleness, peacemaking, community, and taking care of each other. He lifted up the poor and oppressed, and spoke poorly of the wealthy and powerful. If anyone in modern society talked like he did, you can bet your bottom dollar that conservatives would condemn that person as a class warrior, a socialist. Jesus may not have been primarily concerned with politics, but for what politics he did have, it is virtually impossible to argue that he was anything but a progressive thinker.

I want to close on one other note here. I focused here on the Jesus of the Gospels (principally Matthew, Mark and Luke -- the Gospel of John is almost all focused on mystical spiritualism), but Jesus is not exactly the only Bible character concerned with issues of social and economic justice. All of the first five books of the Torah (the Old Testament for Christians) talk a lot about justice for the poor; the Psalms are full of verses about the helping poor; every Old Testament prophet castigates the Jewish people (and yes, their governments) for mistreating the poor. And in the New Testament, there are some dynamite passages promoting progressive thinking aside from all of the Jesus quotations I mentioned. Three of my very favorites:

  • In Acts 2: 44-45 says: "The faithful all lived together and owned everything in common: they sold their goods and possessions and shared out the proceeds among themselves according to what each are needed." My question: did Karl Marx quote that line directly, or did he come up with his each-according-to-their-own-needs doctrine on his own?
  • Jesus' mother Mary says that Jesus will "fill the starving with good things and send the rich away empty" and will "pull the princes from their thrones and raise high the lowly." I guess the big guy came by his politics from his mom.
  • Speaking of the big guy's family, in the Book of James, which is purportedly written by Jesus' brother (and scholars think there is a pretty good chance it really was), James really goes heavy into the class warfare stuff. In James 2: 1-13, there is an extended admonishment on respect for the poor and mercy. In 2: 5-8, he says it is the poor whom God chose to be loved, and the rich "who are always against you." In 2: 13, he says that "there will be judgment without mercy for those who have not been merciful themselves, but the merciful need have no fear of judgment."
  • And in 5: 16, he condemns the rich again starting out: "Now an answer for the rich. Start crying, weep for the miseries coming to you... Laborers plowed your fields and you cheated them: listen to the wages you kept back, calling out: realize that the cries of the workers have reached the ears of the Lord."

Judeo-Christian scripture is a rich and complicated work of literature. Written over the course of (at least) several hundred years by dozens of different authors, there are a variety of perspectives and many times outright contradictions in the theology and the politics of the writing (if it's all inspired word for word by God, He seems to have changed his mind a lot). But one thing is extremely certain: the poor seem to be who God is most concerned about. Yes, there are a few quotations (four, if I remember right) trashing gay people, along with quite a few more about the right way to do animal sacrifice and to be careful about eating shellfish and hanging out with women who are menstruating. But mercy, kindness, and concern for the poor and the weak and the outcast seems to matter a lot more, with literally several hundred verses referencing those agenda items. If you are a progressive, that is a pretty good ratio.

http://www.alternet.org/story/146855/why_are_so_many_christians_conservative?paging=off

Thursday, November 22, 2012

5 Things To Tell Your Republican Relatives At Thanksgiving Dinner

Since the Native Americans first dined with the Pilgrims, Thanksgiving has been a time for awkward dinner conversation, while giving thanks for the good things in life—like Tofurky, Mitt Romney pumping his own gas, and pumpkin cheesecake.

This year, you have to have a little sympathy for your Republican family members. Not only did they lose, they lost after nominating a guy they never liked because they thought he could win. For this reason they’ll be extra agitated and prone to ranting.

The best advice is probably to avoid talking politics until at least dessert—if at all possible. Then if you get seriously annoyed, you can make a clean escape without upsetting grandma. But if your right-wing relatives want to treat you like Colmes to their Hannity and demand a debate, you should be armed with a few facts that will at least get them thinking.

1. In the past three years, the deficit has fallen faster than in any three-year stretch since World War II.
Republicans do a nice job of scaring people about the deficit. But they’re in denial of a few basic facts. The deficit President Obama inherited was over $1 trillion—entirely the result of President Bush’s policies combined with the cost of the wars and the bad economy. Yes, President Obama continued the Afghanistan War and temporarily extended the Bush tax cuts for the rich—two of the only Obama policies the Republicans endorsed. Still, the deficit is shrinking fast. “From fiscal 2009 to fiscal 2012, the deficit shrank 3.1 percentage points, from 10.1 percent to 7 percent of GDP,” according to Investors’ Business Daily.

2. The U.S. recovery has been one of the best in the world.
Since the financial crisis began on Wall Street and spread across the globe, America’s recovery has been frustrating but it is still the “sole bright spot of the world.” Meanwhile, Europe has fallen into recession after dramatic spending cuts made worse by the uncertainty of their weak monetary union. Individual states united by a common currency making their own decisions, along with huge spending cuts, sounds exactly like the Republican agenda. Aren’t you glad we didn’t go along with that?

3. The GOP is the food-stamp party.
Yes, most counties where food-stamp consumption is growing vote Republican. The states that contribute the most federal taxes almost all vote Democratic, while all of the lowest tax-contributing states vote Republican. Despite preaching personal responsibility, the GOP encourages food-stamp consumption by cutting education and cracking down on unions that ensure workers earn a living wage. Yes, about 40 percent of those on food stamps work, but don’t earn enough to get off assistance.

4. Ronald Reagan socialized medicine in the United States.
Democrats love to point out that after Ronald Reagan cut federal taxes drastically, he raised them over and over. He also compromised with Democrats before Republicans discovered that was explicitly forbidden in the Bible. But most Republicans don’t know that one of the reasons our health care system is the most expensive in the world (while 30-40 million Americans remain uninsured) is because Ronald Reagan signed the Emergency Medical Treatment and Active Labor Act, which mandates that no emergency room may turn a patient away because he or she cannot pay. When that he or she cannot pay, guess who does? Romneycare was the first attempt to do away with this “free rider” system. And guess what Romneycare became?

5. America creates more jobs when a Democrat is in the White House.
And here’s some good news to cheer your crazy Republican uncle. He’s probably oblivious to the fact that the housing market is recovering dramatically. Housing starts are at a four-year high and home prices leapt last month, again. If that doesn’t still him, you may to defer to the favorite fact of the Secretary of Explaing Sh*t, Bill Clinton:

In the 51 years since President Kennedy took the oath of office, Republicans have had 28 years in the White House; Democrats have had 23. In the same half-century, the economy has produced 66 million private-sector jobs—42 million of them under the Democrats, 24 million under the Republicans.

You don’t need to be Nate Silver to know who you’d rather have in the White House.

And if all that doesn’t work, just remind them that there’s still hope for the GOP—and her name is Sarah Palin.

http://www.nationalmemo.com/5-things-to-tell-your-republican-relatives-at-thanksgiving-dinner/

Walmart Workers Walk Off Job in First Wave of 1000 Protests

Walmart Workers are walking off jobs at the big box retailer in droves this week in the first wave of 1000 protests set to culminate on national shopping holiday, Black Friday.

  Wednesday marks the first day of 1000 protests as Walmart workers demand better treatment.(Photo by OURWalmart via Flickr) Warehouse and retail employees from Southern California walked off the job Wednesday and on Thursday morning Walmart workers from Seattle joined them in protest.

Following these actions, a press release from Making Change at Walmart announced that these strikes are the first of 1000 protests, "including more strikes, rallies and online actions, at Walmart stores leading up to and on Black Friday." Strikes and protests are scheduled at store locations across the country, including Chicago, Dallas, Los Angeles, Miami, Milwaukee, Washington DC, as well as workers walking off the job in Oklahoma, Mississippi, Louisiana and Minnesota.

Walmart workers are speaking out against the company's attempts to silence employees' complaints regarding the "company’s manipulation of hours and benefits, efforts to try to keep people from working full-time and their discrimination against women and people of color." Workers cite such abuses as rearranging schedules, cutting hours and even firing people who speak out. 

In anticipation of the holiday, employees have also been speaking out against the company's decision to begin Black Friday sales on Thanksgiving Day, "preventing many retail workers from being able to spend the holiday with their families."

Making Change at Walmart produced this video as a rallying cry for workers to "stand up, live better."

http://www.commondreams.org/headline/2012/11/15-11

Wednesday, November 21, 2012

Rachel Maddow Beating Hannity: Are People Finally Catching on to FOX News' BS?

Fox News is continuing to show weakness in its primetime schedule in the wake of President Obama’s reelection. In the eight days since election day MSNBC’s average audience for the key 25-54 year old demographic drew about 8% more viewers than Fox. [Source:  TVNewser, weekday Nielsen ratings from 11/7-11/16]

Particularly impressive were the results of the two powerhouse programs on the MSNBC lineup: Rachel Maddow and Lawrence O’Donnell. Maddow won seven of the eight days against her Fox competition, Sean Hannity. For the 8-day run Maddow beat Hannity by 18% and her 544k average was second to only Bill O’Reilly in all of cable news. O’Donnell won all eight days against Fox’s Greta Van Susteren. His margin of victory over Van Susteren was 17% for the eight days.

This can no longer be considered a temporary blip on the ratings scales. With two weeks having elapsed, the MSNBC programs are showing steady strength against competition that was once thought insurmountable. Only Bill O’Reilly is holding his top position for Fox in primetime. This may indicate that Sean Hannity is wearing thin with viewers who are likely disappointed with his overly confident (and harebrained) assurances that all the polls were wrong and that Mitt Romney would emerge victorious.

Hannity is perhaps the most stridently partisan host on the Fox News network and frequently augments his analysis with that of the pundit world’s most notorious nutcase, Dick Morris. As for Van Susteren, she never had the cult-like following of her Fox comrades, but she has been closely associated with her good friend (and client of her husband), Sarah Palin. That association may also have become a drag on the ratings of her show. Hannity has been with Fox since its launch and is still a top-rated radio talker. Van Susteren, on the other hand, had better start to show some improvement or her time slot will go to daytimer Megyn Kelly, a Roger Ailes favorite whose contract is expiring next year and likely wants to move to primetime.

MSNBC has an opportunity here to expand on the progress they have made in the past two weeks. They need a stronger lead-in to the primetime block. Ed Schultz has been doing OK, but he has not kept up with his colleagues. It might be a good idea to move both Maddow and O’Donnell up one hour, find an edgy, provocative host(s) for the 10pm slot (Harry Shearer & Co.?), and give Schultz the Hardball rerun at 7pm (Harderball?). But one thing is for sure, Fox will not be sitting this out. If MSNBC doesn’t build on their momentum, Fox will dial up the heat and retake the lead they’ve had for the past decade. Hopefully MSNBC recognizes the short window they have to make these gains permanent and jump through it.

http://www.alternet.org/fox-going-down-msnbc-going

Wal-Mart: Always Low Wages

Employees of the super company are planning a walkout on one of the biggest shopping days of the year, and that's only the beginning.

In the last few months, an unprecedented wave of labor unrest has shaken the retail giant Wal-Mart and its far-reaching supply chain. While the number of employees taking part in walkouts has been limited to the low hundreds, workers and labor activists are mounting pressure and threatening to stage a company-wide strike on Black Friday—the busiest shopping day of the year.

The Black Friday walkout is being organized by the Organization United for Respect at Wal-Mart (OUR Walmart), a group of Wal-Mart employees formed last year that works closely with the United Food and Commercial Workers union, or UFCW. OUR Walmart, which organized walkouts in October, is pushing for better working conditions, benefits, and an end to alleged retaliation by management.

The Black Friday strike would add yet another chapter to a wave of worker protests across Wal-Mart’s supply chain. It all began in June when a group of immigrant guest workers at a Wal-Mart seafood supplier in Louisiana walked off their jobs. In September, workers at company warehouses in California and Illinois went on strike. The workers in Illinois eventually won back pay. California workers weren’t so lucky—they started striking again last Wednesday. Shortly after those warehouse strikes began, retail workers backed by OUR Walmart started walking out of stores in 12 states.

Wal-Mart is painting the striking employees as a minority that’s unrepresentative of its workforce. “The opinions expressed by this group don’t represent the views of the vast majority of the more than 1.3 million Wal-Mart associates in the U.S,” says Wal-Mart spokesperson Dan Fogleman. “Throughout all of these union-staged events, all of our stores were staffed up and open for business as usual. Likewise, we will be taking care of our customers on Black Friday and are looking forward to helping shoppers get a great start to the holiday shopping season with some great merchandise and our unbeatable prices.”   

Part of why the recent actions are so remarkable is that Wal-Mart is one of the most notoriously anti-union companies in the country. Based in right-to-work Arkansas, the retailer has maintained an almost entirely union-free workforce for most of its existence, even once resorting to shutting down a store in Quebec shortly after a successful union drive there. The company has never before dealt with coordinated labor protest on this scale. “In the past, Wal-Mart would fire people, would threaten people … and that would be enough to stop people in their tracks,” said Dan Schlademan, director of Making Change at Walmart, another organization backed by the UFCW which works closely with OUR Walmart. The difference now is workers are using Wal-Mart’s own tactics to challenge the company and not backing down. Really, for the first time in Wal-Mart’s history, the tools that are used to keep people silent and under control are now being used against them. That’s significant.”

Indeed, OUR Walmart has framed its strikes and the upcoming Black Friday action as an “unfair labor practice strike”—that is, as a response to the company’s alleged retaliation against employees. Workers have already filed a handful of unfair labor practice charges with the National Labor Relations Board—the independent federal agency that governs labor relations in the private sector. While Wal-Mart employees aren’t unionized, they’re still covered under the National Labor Relations Act, which protects the right of nonunion workers to go on an unfair labor practice strike without being permanently replaced.

Venanzi Luna, a deli manager at the Wal-Mart in Pico Rivera, California, said she’s witnessed management retaliate against her co-workers. At Luna’s store, where she and some of her co-workers went on strike in October, workers have filed two unfair labor practice charges. “If an associate speaks out, they retaliate by taking their hours, not giving them full-time hours, they write them up, they can ‘coach' them,’” Luna says. “It’s the little things that that they do, whatever they can file, anything for them to retaliate against associates that are either part of OUR Walmart or speak out against [Wal-Mart]. They’ve gotten to the point where they’ve fired associates because of it.”

When asked to address those allegations, Fogleman said that the company has “strict policies prohibiting retaliation.” He adds: “If someone feels they have been retaliated against, we want to know about it, so we can look into it and take the appropriate actions to resolve the situation,” Fogleman says.

OUR Walmart isn’t trying to push for union representation for Wal-Mart workers. The campaign is organizing behind a broad set of demands by building a network of allies and trying to pressure the company. “The fundamental difference is this isn’t a collective-bargaining organization, it’s a rights-based organization. At this point, there’s not a battle for a collective-bargaining agreement, there’s a battle to change the company,” Schlademan said of OUR Walmart. All the other things that are the heart and soul of the labor movement and of workers’ organizing are there, which is collective action, workers pulling their resources together so they have a bigger voice, and utilizing the public to educate and build power to change the company.” As the organization builds toward a Black Friday strike, OUR Walmart is partnering with the nonprofits Engage Network and Corporate Action Network to spread the message to Wal-Mart workers and potential allies nationwide. Organizers have set up a website where the general public can access a list of picket lines and “sponsor” strikers by making a donation.

Given the size of the company, it seems unlikely that the strikes will affect Wal-Mart’s profits on one of its biggest days of the year. But whatever the participation rate proves to be on Black Friday, Schlademan said that OUR Walmart is in it for the long haul. “It’s gotta start somewhere. … Workers are having enough. You look at the sit-down strike, you look at the civil-rights movement, you look at the women’s rights movement, you look at anything, you look at Occupy, right? It started off with a few people sleeping in a park, and it grew,” Schlademan said. “So this is a process—people are building a movement inside of Wal-Mart, and they’re building a movement outside of Wal-Mart. What was in October was the beginning. What’s gonna happen on Black Friday will be a continuation of that ... and this will just continue to build.”  

http://prospect.org/article/wal-mart-always-low-wages

Monday, November 19, 2012

Inside the Hostess Bankery

Wonder Bread runs deep in my family. I started at Interstate Bakeries in 1999 in Waterloo, Ia after the birth of my first daughter. I asked my father in law who to talk to for an interview. He had spent his entire adult life there, eventually retiring in 2007. His father drew retirement from the very same bakery. My wife and her sisters experienced a truly middle class Midwestern upbringing, complete with a safe home environment, college educations, and health insurance. He went to work everyday knowing he would be able to retire and draw his pension. He was even able to pass the job down to his son in law.

I love Wonder Bread. It has supported our family financially and medically for the last 14 years. When my wife wanted to attend graduate school we found a university near a bakery and moved to Lawrence, KS, home of the greatest basketball team in the history of ever. I will miss the overwhelming smell of baking bread and the friendships I built at both bakeries. Including with engineers, truck drivers, supervisors and managers who have also lost their jobs.

Many of them likely blame the Bakers Union, me. Most understand that this was inevitable. There has been no confidence in the leadership of this company at any level of any department for years. We have watched 6 CEO's come and go since 2002 and all of them left the company worse than when they took over. All of them got paid, not just the salaries they agreed to, but bonuses and increases all along the way. Including the current joker, who announced he was leaving with less than a year on the job, before he even submitted this last contract offer to us.

When I received my first paycheck from then Interstate Bakeries in 1999 it had a memo stapled to it. The memo announced that Wonder had just had the most productive quarter in baking history. It stated that the health of the company and brand had never been better. The break room was buzzing with excitement because our contract was soon to be up for renegotiation and this would surely mean smooth sailing. A few weeks later we got the 'oops' letter. Turns out it was all an 'accounting' error and the company was failing miserably.

Conveniently though, CEO Charles Sullivan and the board managed to sell their stock before word got out about the bad news. No jail time of course. In fact, Sullivan was brought back as a consultant after his resignation. Enron happened a few years later and at the bakery we were amazed how much attention they got compared to us.

The company of course used it's 'oops' letter to justify asking for concessions from the Union. We gave nothing and gained nothing that year after a 45 minute strike. The status quo continued and I proudly joined the middle class for the first time in my life. I made $14 an hour and had insurance. I even went on vacations for the first time. I had great pride in my job, and the products. We bought a new car for the first and only time in my life. In 2003 I transferred to the Lenexa, KS bakery.

In 2005 it was another contract year and this time there was no way out of concessions. The Union negotiated a deal that would save the company $150 million a year in labor. It was a tough internal battle to get people to vote for it. We turned it down twice. Finally the Union told us it was in our best interest and something had to give. So many of us, including myself, changed our votes and took the offer. Remember that next time you see CEO Rayburn on tv stating that we haven't sacrificed for this company. The company then emerged from bankruptcy. In 2005 before concessions I made $48,000, last year I made $34,000. My pay changed dramatically but at least I was still contributing to my self-funded pension.

In July of 2011 we received a letter from the company. It said that the $3+ per hour that we as a Union contribute to the pension was going to be 'borrowed' by the company until they could be profitable again. Then they would pay it all back. The Union was notified of this the same time and method as the individual members. No contact from the company to the Union on a national level.

This money will never be paid back. The company filed for bankruptcy and the judge ruled that the $3+ per hour was a debt the company couldn't repay. The Union continued to work despite this theft of our self-funded pension contributions for over a year. I consider this money stolen. No other word in the English language describes what they have done to this money.

After securing our hourly cash from the bankruptcy judge they set out on getting approval to force a new contract on us. They had already refused to negotiate outside of court. They received approval from the judge to impose the contract then turned it over to the Union for a vote. You read that right, they got it approved by the judge before ever showing to the Union.

What was this last/best/final offer? You'd never know by watching the main stream media tell the story. So here you go...
1) 8% hourly pay cut in year 1 with additional cuts totaling 27% over 5 years. Currently, I make $16.12 an hour at TOP rate of pay in the bakery. I would drop to $11.26 in 5 years.
2) They get to keep our $3+ an hour forever.
3) Doubling of weekly insurance premium.
4) Lowering of overall quality of insurance plan.
5) TOTAL withdrawal from ALL pensions. If you don't have it now then you never will.

Remember how I said I made $48,000 in 2005 and $34,000 last year? I would make $25,000 in 5 years if I took their offer.
It will be hard to replace the job I had, but it will be easy to replace the job they were trying to give me.
That $3+ per hour they steal totaled $50 million last year that they never paid us. They sold $2.5 BILLION in product last year. If they can't make this profitable without stealing my money then good riddance.

I keep hearing how this strike forced them to liquidate. How we should just take it and be glad to have a job. What an unpatriotic view point. The reason these jobs provided me with a middle class opportunity is because people like my father in law and his father fought for my Union rights. I received that pay and those benefits because previous Union members fought for them. I won't sell them, or my coworkers, out.

We may have forced the companies hand but they were going to smack us with it anyway.

http://www.dailykos.com/story/2012/11/18/1162786/-Inside-the-Hostess-Bankery

Saturday, November 17, 2012

Who Killed Hostess Twinkies?

I’m sure you have, by now, heard the news. Hostess Brands, the company that gave us such remembered childhood treats as Twinkies, Ding Dongs, Devil Dogs and other baked foodstuffs that have fallen into disfavor in our more gourmand age, announced today that it would be closing for business, effective immediately.
Box of Twinkies

More than a few observers say they know who to blame for the demise of the iconic company: the Bakery, Confectionary, Tobacco Workers and Grain Millers International union, which represents thousands of striking Hostess Brand workers who have refused to accept a new contract that would do everything from slash their salaries to their retirement benefits.


Time for a reality check.
Hostess has been sold at least three times since the 1980s, racking up debt and shedding profitable assets along the way with each successive merger. The company filed for bankruptcy in 2004, and again in 2011. Little thought was given to the line of products, which, frankly, began to seem a bit dated in the age of the gourmet cupcake. (100 calorie Twinkie Bites? When was the last time you entered Magnolia Bakery and asked about the calorie count?)
As if all this were not enough, Hostess Brands’ management gave themselves several raises, all the while complaining that the workers who actually produced the products that made the firm what money it did earn were grossly overpaid relative to the company’s increasingly dismal financial position.
So now an estimated 18,500 workers will join the nation’s unemployment rolls. But while Hostess Brands might soon become a forgotten name from the past, it’s unlikely such a fate awaits such signature products as Twinkies. Company executives have already asked for bankruptcy court permission to begin the process of selling off their famed product lines to other companies.
Finally, a personal note: A few years ago, my husband picked our children up from a playdate at a home where, he said, it seemed like more food was banned than allowed, there was no television, and it was all too politically correct in the way all too many middle class childhoods are today. My husband’s response? Before bringing the boys home, he stopped in at a local grocery and introduced our ecstatic children to fine products of Hostess Brands. “Yodels,” he told me, “never tasted so good.”
Addendum: Since this has come up in the comments, I need to remind everyone that Hostess Brands acquired Drake’s Cakes in one the many of the misbegotten mergers it was involved in.
http://www.forbes.com/sites/helaineolen/2012/11/16/who-killed-hostess-brands-and-twinkies/

Western Media Can't Get Palestine Right

Since Israel's brutal 21-day assault on Gaza in the winter of '08-'09 (dubbed by Israeli politicians as Operation Cast Lead) that led to over 1,400 Palestinian deaths - of which 930 were civilians including many women and children - followed by its deadly raid on a civilian Turkish ship headed to Gaza in June 2010 that resulted in nine casualties and dozens injured, many Palestinians as well as their advocates in the West have spoken of a significant "sea change" in the western media's once hegemonic support for Israel. However, since this latest military operation began - already claiming more than 30 lives and injuring hundreds - evidence of any changing tide has been scant.

The New York Times and the BBC have always been reliable mouthpieces for Israel's line of justification for bombarding Palestinians, and they have not failed the Zionist state in this instance. However, their so-called liberal counterparts have scarcely hit a different tone.

Consider two of the loudest cheerleaders for the DNC and Barak Obama's reelection: MSNBC and Mother Jones magazine. On November 16, former spokesperson for the US State Department, James Rubin, appeared on MSNBC host Alex Wagner's programme. During the chummy discussion, Rubin described Netanyahu as a "sharp character" and placed a "huge chunk" of the blame on Palestinians for why there are currently no "peace negotiations" between Israel and Palestine, while carefully displaying his judicious side by ascribing "some part" of the blame to the Israeli Prime Minister.

Wagner and Rubin wholeheartedly agreed that Romney would be approaching this very differently, although how exactly was not discussed. In light of the fact that the Democratic-led Senate just voted unanimously to support Israel's "right to defend itself" and President Obama has repeatedly pledged his unequivocal support for Netanyahu and the current course the Israeli Prime Minister is taking, we are simply left to ponder how it could be much worse for Palestinians.

On November 15, Mother Jones published their one and only piece on the recent attacks, which focused entirely on the Israeli army's novel use of social media to tweet their truce-breaking assassination of Hamas leader, Ahmed Jabari.

National Public Radio's All Things Considered explained that "the strikes were in retaliation for the launching of more than 100 rockets at Israel in recent days", as noted by Fairness and Accuracy in Reporting.

To her credit, Amy Goodman had the outstanding Palestinian journalist from Gaza, Mohammed Omer, on her show, Democracy Now!, but failed to ask him pertinent questions about the background of the situation or provide it herself.

Some mainstream liberal media outlets have discussed the imbalance between the rocket launches from Gaza resistance groups and the attacks executed by one of the mightiest armies in the world. While some may take this as a sign of newfound "support" or "empathy" for Palestinians, this is precarious logic. If Hamas' rockets were to become more powerful, as they are proving to be, will these outlets retract their critique of Israel's actions? Or is support for Palestinians contingent on them remaining "victims" and will vanish at any sign of their resistance becoming more powerful or effective?

A focus on "who started it?" consumes the mainstream media's discussion on the latest violence, leading commentators to discuss timelines as though they were opinions rather than verifiable facts to consider and, to a one, even getting that wrong, with media outlets from NPR to the NYT declaring that Israel's - rather than Hamas' - strikes were retaliatory.

Meanwhile pundits feverishly try to tease out a political motive to explain Israel's latest massive assault on Gaza. So far, the realpolitick most commonly alluded to is the impending Israeli election, scheduled for January 22, giving Prime Minister Netanyahu and Defence Minister Ehud Barak strategic reasons for timing an assault on Gaza now.

The other pervasive rationale has been that Israel is "testing" the Muslim Brotherhood government in Egypt as well as, to a degree, President Obama in his second and last term in office.

While it is understandably appealing for pundits and spectators to search for a reason for yet another indefensible assault on Palestinians in Gaza, this focus separates Israel's military actions in the Gaza Strip from its ongoing policies to implement the "Iron Wall", a term coined by the far-right Zionist leader, Ze'ev Jabotinsky, and referring to a strategy used throughout all Israeli regimes since 1948. As John Mearsheimer explains in his latest piece for the London Review of Books' blog, the Iron Wall is "an approach that in essence calls for beating the Palestinians into submission".

When it comes to looking behind the scenes of Israeli military assaults on Gaza (or Lebanon), there is always a general hoping for a promotion, a politician looking for votes, and an arms dealer making profits, but the rationale that enables that triumvirate to enact the lethal policies we are seeing play out in Gaza right now is the same one that allows the Israeli government to calculate how many calories each Palestinian in the Gaza Strip needs to survive, and to then intentionally allow fewer trucks and supplies in to meet that need.

And it's the same rationale that motivates the Israeli occupation authorities to prevent construction in Area C of the West Bank and East Jerusalem, to encourage widespread drug addiction in Area B, and to make near-daily incursions into Area A to arrest political leaders, activists and journalists.

It's the rationale of a coloniser, who wants land but not the people on it.  

When the media starts speaking about this, then we'll know there's been a sea change.

http://www.aljazeera.com/indepth/opinion/2012/11/20121117122934791791.html