Shame On You!

With the month coming to a close I’m glad I waited to almost the last minute to present this month’s awards. I think you’ll agree the delay was well worth it. As in past months the nominees all earned the honor accorded them, and as always it was difficult to limit the number to three. As my friend Steve has pointed out, “So many silly people, so little time.”

The envelope please…

First Place goes to The Entire Government of Arizona. For the first time since the days of the segregated South an entire state government has decided to enact a law that is the embodiment of Jim Crow and allows racial profiling in an attempt to “deal” with its illegal immigrants. State Senate Bill 1070 – dubbed the “Papers Please” bill by critics – would require law enforcement officials in the state of Arizona to investigate someone’s immigration status if there is “reasonable suspicion” that the person might be undocumented. What constitutes reasonable suspicion and just how exactly a law enforcement official can tell who might be undocumented is of course the sixty-four thousand dollar question that Governor Jan Brewer, who did her best impersonation of a deer caught in someone’s headlights when she signed this bill into law, could not answer. The best Brewer could come up with at the press conference was that she would not tolerate profiling and that “we need to trust our law enforcement officials to know what they’re doing.” She made that last statement with a straight face.

There is no other way to put this. This law is an abomination. It runs counter to all we hold near and dear, namely that we are presumed innocent until proven guilty. Now anyone suspected of being “illegal” will have to prove they are not, and if for some reason they do not have the proper documentation on them, they will be arrested, even if they are in fact legal. And who is likely to be stopped and asked to “prove” their status? People who look illegal, that’s who. Brewer, when asked whether she could recognize what an illegal looked liked, could not answer. If she couldn’t, how on earth are the law enforcement officials who we are supposed to “trust” going to be able to tell? And therein lies the problem. Arizona has just enacted a law that on its merits now requires its local police departments to troll for people of Hispanic origin in order to root out its illegal alien problem. How could reasonably intelligent people not believe that this would constitute profiling when the essence of the law itself requires its use in order to be effective? To quote Stephen Colbert, “It’s like they’re saying that harassing Latinos with racial profiling is an inevitable side-effect of this law. It’s not; it’s the entire point of this law.” The law’s sponsor Russell Pearce was quoted as saying, “When you make life difficult, most will leave on their own.” Who is most?

Even if you grant the argument that the law’s intention is to reduce if not eliminate the illegal immigration problem that plagues not just Arizona, but all border states, the fact is that this law throws out the baby with the bathwater. The fourth and fourteenth amendments are quite specific: The fourth amendment guards against unreasonable searches and seizures. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, the kind of search likely to happen under this new law. The fourteenth amendment states in pertinent part, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” The law’s intent, however noble its proponents believe it to be, will be subverted by the harsh reality that many innocent Hispanics will be subject to needless invasions of their privacy and encroachment of their civil liberties. This is unacceptable in any free society. Imagine if the Statue of Liberty’s inscription read: “Give me your tired, your poor, your huddled masses yearning to breathe free - can I see some ID please?”

Shame on you, Arizona for passing this law and for showing the world that we still have a long way to go before we bury our racial prejudices, and for completely ignoring the Constitution in the process. In an ironic twist, owing principally to concerns over Brewer’s safety, the press conference was held in a non-disclosed setting. Reporters had to show their credentials and driver's licenses twice to enter the building, thus giving them a little taste of what Hispanics in this state will have to go through every day now.

Second place goes to The Obama Administration. In what can only be described as the best case of the pot calling the kettle black in quite some time, the Administration is expressing concerns over learning that Pakistan is holding thousands of suspected militants in indefinite detention without benefit of a trial.

WTF?

Ever since February of last year when the Obama Administration announced that detainees in Afghanistan have no constitutional rights and cannot use U.S. courts to challenge their detention – a decision that shocked human rights attorneys – thousands of detainees have been held almost virtually incognito without any right to due process, mirroring to a tee Bush Administration’s policies. Incredible!

As recently as January of this year, the New York Times and Washington Post blasted the Administration for its decision to ignore international law as well as the Constitution. The New York Times wrote in an editorial on January 17th, “We keep waiting -- in vain -- for the Obama Administration to stop trying to block judicial scrutiny of some of the Bush Administration’s most outrageous policies on the detention of prisoners.” And on January 22nd the Washington Post wrote, “A Justice Department-led task force has concluded that nearly 50 of the 196 detainees at the U.S. military prison at Guantanamo Bay, Cuba, should be held indefinitely without trial under the laws of war, according to Obama Administration officials.”
And now the current administration is up in arms and expressing concerns because another country has decided to follow in our footsteps. How disingenuous can a government be? For the last eight years we have continued to circumvent our own Constitution, spit in the face of international law, and continue to undermine our credibility within the Muslim world, and yet we call out a sovereign nation when it does the same thing. Small wonder Salon’s Glenn Greenwald, in his op-ed piece, sarcastically quipped,

“Let's teach those Pakistanis that we're not going to tolerate their lawless and tyrannical detention of people without charges and trials. We won't put up with it. Especially not when it's "justified" with the Orwellian claim that their real civilian courts can't handle the prosecutions and they're "afraid" that Dangerous Terrorists might be released if they give them due process because they're unprosecutable. Kudos to the Obama Administration for teaching them that countries that live under the Rule of Law simply don't deny people trials based on such excuses. It'd be one thing if they were assassinating these people without any charges or trials -- that of course would be understandable -- but not detaining them. We're the Leader of the Free World and we simply can't be seen associating with or supporting regimes that would do such a thing. Besides, unlike the U.S., it's not like Pakistan really faces an Existential Threat from Islamic radicals or anything, so (unlike us) they really have no acceptable excuse for doing these things.”
Shame on you Obama Administration for not only refusing to live under the letter of law, but for being hypocrites while doing it.

And bringing up the rear, Sue Lowden. If you thought Michelle Bachmann had the exclusive on crazy, Lowden’s recent interview will have you believing the end times are at hand. The Republican candidate for Harry Reid’s Senate seat had some, shall we say, unique takes on how to combat the high cost of medical treatment. We’ll let Lowden tell it in her own unadulterated words.

“You know, before we all started having health care, in the olden days our grandparents, they would bring a chicken to the doctor, they would say I’ll paint your house. I mean, that’s the old days of what people would do to get health care with your doctors. Doctors are very sympathetic people. I’m not backing down from that system.”
No she isn’t; not only that, the tea party darling has continued to insist that she wasn’t misquoted and unabashedly stands behind her comments. Somewhere in an undisclosed bunker under the Capital building Harry Reid is muttering to himself, “I can’t believe I’m trailing this whack job!” So, the next time you lose a limb, or need a transplant, or have a disease that requires an “experimental” treatment make sure you bring some chickens to your local hospital or doctor’s office. Tell them Sue Lowden sent you.

Shame on you Sue Lowden for trivializing the seriousness nature of healthcare costs in this country and for insulting your constituents in the process.