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Archive for the ‘The Law’ Category



Trump: Jung’s Warning

Oct11

by: Thanissara Mary Weinberg on October 11th, 2016 | 3 Comments »

We are in a red alert situation. Like the Ebola Virus, Trump is tearing up the fabric of American society. Actually, he is worse than Ebola. Ebola eats at the flesh, but Trump is eating at America’s soul. This war for the soul of America is building to a terrifying possible outcome: the election of President Donald Trump. On Sept 21, 375 top scientists and 30 Noble Prize winners, including Stephen Hawking, warned in a signed, open letterthat a Trump presidency would have “severe and long-lasting” consequences, both for the planet and for the United States’ credibility.

When Trump first appeared on the scene in his red emperor’s power tie gambit, this warning from Carl Jung kept floating in the back of my mind:

“We know today that in the unconscious of every individual there are instinctive propensities or psychic systems charged with considerable tension. When they are helped in one way or another to break through into consciousness, and the latter has no opportunity to intercept them in higher forms, they sweep everything before them like a torrent and turn men into creatures for whom the word ‘beast’ is still too good to name. They can then only be called ‘devils.’ To evoke such phenomena in the masses, all that is needed is a few possessed persons, or only one. If this unconscious disposition should happen to be one which is common to the great majority of the nation, then a single one of these complex-ridden individuals, who at the same time sets himself up as a megaphone, is enough to precipitate a catastrophe.”

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Policing Pride

Sep1

by: Sofie Werthan on September 1st, 2016 | Comments Off

The theme of San Francisco Pride 2016 was “For Racial and Economic Justice.” One of the parade’s grand marshals was scheduled to represent Black Lives Matter. However, divergent reactions to the Orlando nightclub massacre and other issues of violence exposed tensions among Pride’s organizers and some LGBTQ communities of color.

The relationship between police officers and the Black community is currently at the center of an ongoing national discussion about racism, violence, safety, and law enforcement in the U.S. following a string of high-profile police shootings of Black citizens and retaliatory shootings of police officers in Dallas and Baton Rouge.

As the nation reflects on the significance of the Black Lives Matter movement, activists across the country are mobilizing to dismantle structural and interpersonal white privilege and supremacy and rethinking the future of policing. Recognizing the primacy of this movement, it is necessary that members of the LGBTQ communities join this struggle by discussing and fighting against the alliance between white LGBTQ people and the police.

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Professor Johanna Fernández talks with Tikkun about Mumia, Bernie Sanders, Love, and the Power of Radical Empathy

May11

by: Grace Mungovan on May 11th, 2016 | 3 Comments »

"Writing on the Wall: Selected Prison Writings of Mumia Abu-Jamal" by Mumia Abu-Jamal, edited by Johanna Fernandez (City Lights Publishers, 2015).

In honor of Mumia Abu-Jamal’s recent birthday, we here at Tikkun Daily thought we would mark the day by publishing an interview with Johanna Fernández, a professor of History at Baruch College (CUNY) who edited Writing on the Wall: Selected Prison Writings of Mumia Abu-Jamal that was published last year.

We caught up with Fernández in February after she, activist Angela Davis, and KPFA host Walter Turner held a public discussion about the book in Oakland. The talk was anchored by discussions of Abu-Jamal and his writing but also expanded on the themes of mass incarceration, systemic racism, class warfare, and the promise of modern social uprisings, through the lens of what they referred to as black radicalism and the black prophetic tradition.

Fernández and Davis describe Abu-Jamal’s work in Writing on the Wall as being measured and reasonable as well as honest, strong, and transparent. They read passages from the book that shared the voice of someone calling upon readers to engage with American history as a history of brutality – an America Abu-Jamal sees as accurately reflected by practices like the torture at Abu Ghraib.

“When will these dismal days of our mind-rending pain, our oppression, our accustomed place on the bottom rung of the human family, end? When will our tomorrows brighten? It will come from ourselves, not from this system. Our tomorrows will become brighter when we scrub the graffiti of lies from our minds, when we open our eyes to the truths that this very system is built not on ‘freedom, justice and brotherhood’ but on slavery, oppression and genocide,” Davis read from the book.

Davis, Fernández, and Abu-Jamal each assert that until the public grapples with this history, the history of oppression and violence that they see as at the core of all systems of power, there will be no meaningful change, and the dignity of all human beings will not be reflected by the governing powers.

Despite Abu-Jamal’s assertion that the only way to live in a just society is through “scrubbing the lies” of a dishonest history from the collective mind and grappling honestly with the violence and conquest at the heart of Western history, Davis and Fernández were clear that this was a man rooted in a deep and abiding sense of love, hope, and what Fernández dubbed “radical empathy.”

This “radical empathy” is Abu-Jamal’s community based counter to what he sees as neoliberal individualism. It is a call for radical global community that acknowledges the intersectionality of oppressions and the common struggle against elites.

Here is our interview with Professor Fernández:

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Passover, Parenting and Pardons

May2

by: Kathryn Frey-Balter on May 2nd, 2016 | 1 Comment »

This year, I have exhausted Passover’s eight days writing love letters to President Obama.  My letters all close with the same refrain:  “Let my clients GO!”   Is it a prophecy that Passover’s final day – April 30 – coincides with our clemency deadline?

In 2014 the Justice Department announced an Obama initiative to invite inmates with no significant criminal history, a record of good prison conduct, no history of violence before or during the term of incarceration, who have served over ten years on a federal sentence for a non-violent offense to apply for clemency.

Obama’s clemency project seeks to right the wrong.  Some days it feels more like he’s hiding than seeking.

The more the clemency love is withheld, the more singularly determined we become to part the Red Sea of the Pardon Committee.  It started innocently enough – laws in the 1990s aimed at ending the war on drugs.   The inevitable result however, was the mass incarceration of a generation of young people, mostly of color, and not too many degrees of separation from Egypt’s enslaved Jews.  True, Israelites hadn’t profited from kilo quantities of cocaine, but they also hadn’t been born into slavery: the slavery of being in utero addicted to crack, the slavery of poverty, the slavery of, well, a history of slavery and oppression. 

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How the Christian Right Interprets and Tries to Legislate Religious Liberty

Feb29

by: Murali Balaji on February 29th, 2016 | Comments Off


Last week, a Texas Senate committee convened a special hearing to explore ways to “protect” religious freedom.

"Religious Freedom" by Moses Jacob Ezekiel. Source: Creative Commons (Smallbones).

That’s a noble aim and in a state as religiously diverse as Texas, home to the country’s largest Muslim and second-largest Hindu populations, probably a necessity. But this Senate committee, called in part by Lt. Gov. Dan Patrick and Attorney General Ken Paxton, was actually not about strengthening current anti-discrimination laws that protect religious liberty.

Instead, it was a parade of Christian self-victimization, with “experts” bemoaning the devastating effects of treating LGBT Texans equally. Business owners claimed they had to close their shops because they were being forced to cater to same-sex couples, which they said went against their religious beliefs.

I flew from Washington, DC, to Austin to join representatives of other civil rights and civil liberties organizations, to share with the committee what real religious discrimination – especially in Texas – looks like. I shared with the assembled Senators the stories of Hindu Texans who were bullied or harassed because of their religion. Those stories included Bhutanese Hindu refugees (settled in cities like Houston, Dallas, and Lubbock) who were denied basic necessities unless they converted to Christianity. Those stories also included the testimonies of Hindu students in Texas schools who were physically attacked.

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SF Police Murders (Murderous Police in the City of Love)

Feb25

by: Rebecca Gordon on February 25th, 2016 | Comments Off

The original post can be found here at TomDispatch.com.

 Murderous Police in the City of Love

Posted by Rebecca Gordon

In one of the widely circulated cellphone videos of the killing of Mario Woods by San Francisco police in December, you can hear the young girl filming his death screaming. “Are you fucking serious?” she shrieks over and over at the crowd of cops encircling the young black man. According to police, Woods had refused to drop a kitchen knife they claim he was carrying. He was nonetheless attempting to walk away from the officers. “You had to shoot him that many fucking times?” the girl cries.

The Supreme Court has ruled that police officers are justified in using deadly force under two circumstances: either to protect their own lives (or the life of an innocent person) or to prevent a suspect from escaping as long as the cop believes that suspect is about to kill or seriously injure another person.

Did the officers really believe that Woods — who appears in the video to be much smaller than the five officers who fired on him, and who is clearly trying to get away — would have suddenly lunged at them all and killed one or more of them? Did they truly believe that Woods, who had already been pepper-sprayed and pummeled by bean-bag rounds, was about to immediately slay an innocent bystander?

Both scenarios sound absurd, but the law puts great faith in the credibility of a police officer’s fear. Under the legal standard governing police use of lethal force, the existence of an actual threat hardly matters, as long as the officer has an “objectively reasonable” belief that there is such a threat. In that belief, there’s plenty of room for unconscious racial bias. It may be hard to accept that those five officers couldn’t have found another way to neutralize Woods short of death, but as Vox‘s Dara Lind noted in December, “There are plenty of cases in which an officer might be legally justified in using deadly force because he feels threatened, even though there’s no actual threat there.”

Add one more factor to this mix: police officers are trained to shoot to kill, not injure. They are taught to fire at the chest because it improves their chances of hitting their target. Combine the unimpeachability of an officer’s judgment under the law with the racist impulses virtually none of us can escape and a kill-not-capture modus operandi, and you end up with the startling figure of 1,134 killings by law enforcement officers across the U.S. last year, a figure you would expect to come out of an actual war zone.  Of those who died at the hands of the police in 2015, young black men were nine times more likely to be victims than other Americans.

No city is immune from the American epidemic of police killings that has only recently begun to gain wide attention — not even a liberal bastion like San Francisco. In her latest post, TomDispatch regular Rebecca Gordon, whose new book, American Nuremberg: The U.S. Officials Who Should Stand Trial for Post-9/11 War Crimes, will be published in April, takes a look at officer-involved killings in the “City of Love.” 

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Against The Tide: The River Of Discrimination Flowing Against People With Disabilities

Aug3

by: Hannah Finnie on August 3rd, 2015 | Comments Off

Credit: CreativeCommons / Catherine Oakley.

There is a constant flow of discrimination against people with disabilities. That river is tucked away, far from most Americans’ consciences. Maybe when there’s a p.r.-heavy milestone, like the 25th anniversary of the Americans with Disabilities Act happening later this month, people
pay attention. The rest of the time, Dara Baldwin tells me, people tend to forget.

Baldwin has been working professionally in the field of disability rights since 2009, but her advocacy work began when she was much younger, growing up with family members who had disabilities. Her maternal grandmother had rheumatoid arthritis, and used a wheelchair from age twenty two onward. Seeing the challenges her grandmother faced, Baldwin decided to dedicate her career to advocating for disability rights. Now, she works as a public policy analyst at the National Disability Rights Network (NDRN), finding legislative solutions to the kinds of problems her grandmother faced on a daily basis.

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A Lack of Precaution is the Biggest Problem in U.S. Chemical Regulation

Jul31

by: Heidi Hutner on July 31st, 2015 | 2 Comments »

A group of partially used lipstick tubes.

What's in your cosmetics? You may be surprised to learn that many health and beauty products manufactured and sold in the U.S. are filled with harmful chemicals. Find out more by checking out the Campaign for Safe Cosmetics. CREDIT: POMO MAMA (flickr).

America is unlike many other countries in that the use of chemicals across a wide swath of applications – from medicinal to pesticide to consumer product uses – there is no “precautionary principle” in effect. This means that chemicals DO NOT have to be proven harmless before they are used and that, once in use, they are only removed from the marketplace if something bad happens. In effect, U.S. policy toward chemicals closely mirrors the country’s judicial system: chemicals are assumed innocent before proven guilty. The precautionary principle, by contrast, is based on the assumed-guilty-before-proven-innocent model, in which chemicals must be proven safe BEFORE they are used.

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KKK Posing as Victim of “Cultural Genocide”

Jul9

by: on July 9th, 2015 | 2 Comments »

An group protests a KKK rally by holding up signs delcaring love.

In Athens, Atlanta in September, 2007, a group protests a KKK rally. The Klan is discussing holding another rally in response to the anti-Confederation flag movement. Credit: CreativeCommons / 57allison.

For literally decades, calls have gone out by civil and human rights advocates to remove of the battle flag of the Confederacy from public sites like state capitol grounds and other government buildings. This movement gained enormous momentum recently following the brutal racist murders of nine parishioners at the Emanuel African Methodist Episcopal Church in Charlestown, South Carolina by an avowed white supremacist.

On his Facebook page, the 21-year-old gunman posed for pictures wearing a military-style jacket with insignia patches of flags of apartheid South Africa and white ruled Rhodesia (today known as Zimbabwe). In another picture, he waved a Confederate battle flag, and in another, he stood holding a burning American flag. In addition, he wore a T-shirt with the number 88 printed on the front, he had 88 Facebook friends, and he scribbled that number in the South Carolina sand. “H” is the 8th letter of the alphabet, and in white supremacist circles, “88″ symbolizes “Heil Hitler.”

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Marriage Equality

Jul8

by: Lynn Feinerman on July 8th, 2015 | 2 Comments »

Get Married, Get Equal!

Credit: CreativeCommons / Victoria Pickering.

“Love is legal” tooted the headlines this past week, as we all rejoiced at the expanding vision of who is an “upstanding citizen.” Pride Day parades enthusiastically celebrated the inclusion of non-heterosexual love matches. As well they might.

For me, the most telling commentary on the SCOTUS decision was a one-liner: “Now it is no longer called ‘gay marriage,’ only ‘marriage.’” When I heard that line something in me realized that the gift the gay community may have given all of us is the framing of a vision of two EQUALS, two individual human beings, electing to establish an order in their relationship that has the potential to support the expansion and inclusion of community – a wider community, even deeper community, perhaps. Shall we say, a more enlightened love?

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