The Arming of America

The verdict is in. The vigilantes are celebrating. Kyle Rittenhouse is free.  The postmortem predictions of what it will mean for us as a society begin, as does the fear for our future as we face a freefall into more violence while our country descends into the depths of depravity acted out on the streets.

It is now possible to kill someone in the name of self-defense and literally get away with murder. It’s a field day for open carry laws that make going to a public event or riding the subway or simply walking down the wrong street at the wrong time a determining factor in whether you live or die. It is a dark day in America.

Gun violence was bad enough before Kyle Rittenhouse killed two people and walked away a free man. But as a recent New York Times piece about the proliferation of “ghost guns” – untraceable guns that can be assembled from online purchases of components – has made clear, America’s gun problem has reached epidemic proportions. These lethal weapons are within easy reach of people legally barred from buying or owning guns which, as the Times article revealed, “helps explain why since 2016 about  25,000 privately made firearms have been confiscated by local federal law enforcement agencies nationwide.”

Earlier this year the Children’s Defense Fund issued a report about the epidemic of gun violence affecting children. It revealed, among other statistics, that gun violence has killed more than 200,000 children and teens since the 1960s. “That’s more than the number of soldiers killed in Vietnam, Afghanistan, the Persian Gulf, and Iraq combined,” with black children suffering the highest gun death rates. In 2019, according to the report, they accounted for 43 percent of child and teen deaths even though they constituted just 14 percent of all children and teens that year.

Women are also among those most vulnerable to gun violence. According to the Educational Fund to Stop Gun Violence, “nearly 92 percent of all women killed by guns in high-income countries were American women, [who are] 21 times more likely to be shot and killed than women in other high-income countries.”  https://efsgv.org/ Further, “around one in four women in the United States have been threatened with a gun and nearly 1 million women have been shot or shot at by an intimate partner. Over half of all intimate partner homicides are committed with guns and a woman is five times more likely to be murdered when her abuser has access to a gun.”

According to www.everytownresearch.org, every month an average of 57 women are shot and killed by an intimate partner. Black, American Indian, and Hispanic women are disproportionately affected by gun violence, along with members of the LGBTQ community and people with disabilities. That’s why Rep. Eric Swalwell (D-Ca.) has introduced a number of relevant bills including H.R. 1441, the No Guns for Abusers Act, designed to help states enforce existing laws against people who try to purchase firearms without the legal right to do so.

The epidemic gun violence affecting women and children are part of the entire fabric of gun violence in this country, a phenomenon that other “developed” countries simply cannot fathom. They, ghost guns, and now the exoneration of Kyle Rittenhouse are connected like the parts of a quilt, similar to those that have woven into them pieces of history.

One of the pieces of our history is the outdated Second Amendment, meant to arm militias in the 18th century. It’s an amendment no longer relevant, and a shield behind which gun enthusiasts hide. It’s an amendment that fuels the likes of open carry advocates, eager vigilantes, and people comfortable with and prone to violence all too eager to claim self-defense, often a defense rooted in racism. It’s an amendment that allowed Kyle Rittenhouse to be exonerated.

So far, according to a September CNN report, “2021 is likely to be the worst year for gun violence in decades.” What’s more, in October The New York Times revealed that a significant number of travelers have been stopped at U.S. airports trying to board planes with loaded guns.  Transportation Security Administration (TSA) officers report stopping nearly 5,000 passengers from carrying firearms onto flights by October this year.https://www.tsa.gov/

Now comes the conservative Supreme Court which recently heard a gun rights case in which the majority could make it easier for people to carry firearms in public. According to Time Magazine, “justices could loosen or strike down a century-old provision in New York that requires people to prove they have a special need for self-protection if they want to carry a concealed handgun outside of their home. The challengers in the suit—backed by the NRA-affiliated New York State Rifle & Pistol Association—argue that the restriction violates the Second Amendment.”

As we await the SCOTUS decision, the Kyle Rittenhouse verdict has already added immeasurably to America’s growing gun violence epidemic. It has effectively declared open season on the gunning down of America. It fuels an unchecked impetus toward violence and vigilantes and increased an escape valve when gun violence occurs.

God help us all. 

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"Where is the Poor People's Voice?"

That was a question put to a TV reporter by Rev. William J. Barber II after the Democratic National Convention last month. Barber, founder of the Moral Monday movement and now a notable political activist, is President of Repairers of the Breach and co-chair of the Poor People's Campaign: A National Call for Moral Revival.  His is a voice and a vision to be reckoned with as he calls for concern grounded in morality for the poor and working poor.

 Why, Rev. Barber asks, are poor and low-income people never targeted in Democratic ads? Why are their issues never talked about, despite the fact that they are clearly a political force by virtue of the fact they represent an estimated 25 percent of people in this country?

 These were questions I also asked after the Democrat’s virtual convention. Why, I wondered, did we need to hear yet again from Bill Clinton, John Kerry and John Kasich?  Where was a real-life person of situational or generational poverty who could speak to the reality of their lives and their families’ struggles?

 Rev. Barber’s answer was that poor people are ignored because they don’t donate money to political campaigns, and they don’t vote. Why should they, Barber explains, when they feel invisible and not cared about? That’s a pretty damning statement about a party that claims to care about everyone, but can’t move beyond talking about the “middle class,” and (mainly) white working folks.

 It’s time for Dems to get it: When a quarter of Americans are poor or low-income workers who can’t make ends meet, can’t access healthcare or a decent education, and can’t make it through a pandemic it’s unacceptable to ignore or exclude them. We need to remember that poverty is not a dirty word. There is no reason to be afraid or ashamed of impoverished people as a constituency, no matter their race or ethnicity, but there is every reason to acknowledge that they exist as an underclass in one of the the world’s richest countries. As human beings they deserve the dignity and attention so readily proffered to other Americans.

 That calls for an increased awareness among political leaders, and the public, of the lives poor and low-income people live.

 Being poor and being in poverty are two different things, as Latonya Walker, a social worker in Detroit points out on her blog. While being poor is an economic state that involves dependency on a system of care, often for generations, poverty is a psychological mindset that derives from the situation one finds themselves in due to a life changing event. Divorce, illness, loss of work, or a death in the family can lead to homelessness, the need for government assistance, or generalized instability. If prolonged beyond one generation, it can be difficult to escape.

 The effects of generational poverty are chronic, resulting in continued low education levels, inadequate childcare, low workplace skills, health issues, high incarceration rates and high infant mortality rates. Homelessness and substance abuse also become chronic. It’s heartbreaking that a quarter of American children are living in low-income families that have at least one working parent who because of low hourly wages and few if any job benefits, like health insurance, paid sick or vacation leave, are unlikely to escape the effects of generational poverty.

 That’s why it’s important for political leaders to take a focused, holistic, and humane approach to well-funded public policies that address in practical and meaningful ways the need for improved, accessible education programs for both children and adults, universal healthcare, living wages, ending mass incarceration, and protecting voting rights. They could be helped in that effort by inviting the voices and the aspirations of poor people and people living in poverty to be heard and understood. In other words, they need to put a human face on the pressing issues of poverty so that they, and all Americans, can see those faces, learn from their experiences, appreciate the challenges of their lives, and act to relieve the constraints that keep them impoverished, afraid, and without hope for a better life. 

 The fact is, the poor and nearly poor are a formidable force and they are organizing to vote in this crucial election. They have the power to flip election results in more than a dozen states. It makes absolutely no sense to ignore them if the Democratic party is serious about economic security. If Democrats truly stand for morality and justice with the force and conviction that Rev. Barber does, they need to listen, and learn, from those who may inherit the earth in biblical terms, but who have precious little to be content with in these troubling times.

 As Rev. Barber says so eloquently, “Our deepest moral traditions point to equal protection under the law, the desire for peace within and among nations, the dignity of all people, and the responsibility to care for our common home.”

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Elayne Clift writes from Saxtons River, Vt.  www.elayne-clift.com

Judging the Judges: It's Not Just the White House We Vote For

The first time I was eligible to vote I would have cast an enthusiast vote for John F. Kennedy’s second term. In the intervening years between then and now I voted only once with full enthusiasm, for Barack Obama.  My votes have largely been by default to Democratic candidates. But each time I voted I thought beyond who would occupy the White House. I knew I was also voting for lifelong federal judges who would be appointed by the president, not without bias.

It has never been more important than it is now for all enfranchised Americans to vote, and to understand what is at stake, including who will sit on the nation’s most important courts for the rest of their lives, rendering deeply important decisions that will affect us for generations.

One look at how many judges Donald Trump has put on U.S. benches - a quarter of all circuit court judges, 43 appeals court judges and 99 district court judges at this writing- should be enough to make every voter rush to the polls in November. Since becoming president, as of November 2019, Trump had nominated 227 people to federal judgeships; 165 of them were confirmed by the Republican Senate. Over 100 vacancies remain in the federal judiciary.

Another term will likely give the president the opportunity to seat one or more conservative judges on the Supreme Court.

The latest confirmation of a judge seated on a U.S. District Court (in Missouri) is Sarah Pitlyk, who clerked for Brett Kavanaugh and is known for building her career on her anti-abortion and reproductive health litigation. She argues against in vitro fertilization and surrogacy and has said that birth control is rooted in eugenics. The American Bar Association (ABA) unanimously declared that she, like several other Trump appointees, is “not qualified” for the judgeship. Like many other conservatives making their way to the courts, she is young (remember, these are lifetime appointments), deeply conservative, and notably inexperienced.

Others like her include several judges now sitting on U.S. Courts of Appeal, the courts of last resort for almost 100 percent of cases in their respective regions. The cases they hear involve capital punishment, abortion, same-sex marriage, immigration and more. They decide about 50,000 cases a year; the Supreme Court resolves 100. The decisions these judges render will affect millions of people for generations.

Judge Leonard Grasz is one of them. Profiled along with others by HuffPo in November, he was unanimously deemed “not qualified” by the ABA and is said to be rude and connected to powerful politicians. He opposes LGBTQ and abortion rights and has been described as having trouble separating his role as an advocate from that of a judge.

Another U.S. Appeals Court judge declared “unqualified” is Jonathan Kobes, who couldn’t manage to provide sufficient writing samples to meet ABA standards. He also failed to demonstrate “an especially high degree of legal scholarship and excellent analytical and writing experience,” the ABA review revealed.

Then there’s Judge Neomi Rao who sits on the U.S. Court of Appeals for the District of Columbia. She has blamed women for date rape and published inflammatory articles on sexual assault, race and LBGTQ rights.  And Amy Coney Barrett, who thinks Roe v. Wade was “an erroneous decision” and that the Affordable Care Act’s birth control benefit is “an assault on religious liberty.” She’s on Trump’s short list for Supreme Court nominations.

There’s more, but let’s turn to the District Courts. Judge Matthew Kaesmaryk, who said it was a “grave mistake” to include protections for LGBTQ people in the Violence Against Women Act, and who criticized the Roe v. Wade decision, now sits on the bench overseeing the Northern District of Texas. In Louisiana Wendy Vitter, wife of former Senator David Vitter, has falsely claimed that abortion is linked to cancer, and that Planned Parenthood “kills over 150,000 babies a year.”

Judge Howard Nielson, Jr. of Utah has argued that a gay judge couldn’t possible be fair on a same-sex marriage case, and that sexual orientation is a choice. He also disputed evidence that LGBTQ discrimination leads to higher rates of depression and suicide.

A Tennessee judge, Mark Norris, has a record of Islamophobia, homophobia, and extreme anti-abortion views.  He fought against the removal of monuments glorifying Confederate leaders and established a website showing images of refugees next to ISIS terrorists.

And in Oklahoma, Judge Patrick Wyrick tried to make emergency contraception harder to get for minors and adults. He also filed an amicus brief in the 2014 Hobby Lobby case, arguing that the ACA’s contraceptive coverage mandate was unconstitutional because “religious faith is more than mere belief.”

With very few exceptions, all of these judges, and others, have received unanimous Republican confirmation in the Senate.

When I was teaching Women’s Studies to undergraduates, many of whom were facing their first vote, I always underscored the importance of their vote with regard to the judiciary. I told them I’d be sitting on their shoulders when they went to the polls and I hoped they’d do the right thing. Now I find myself wanting to sit on the shoulder of every single person who hopefully votes. I hope with all my heart they too will do the right thing. So very much is riding on it.

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Elayne Clift writes about women, politics and social issues from Saxtons River, Vt.

www.elayne-clift.com

The Horror of Detention Centers is Making a Comeback

I can’t get the pictures out of my mind. The barracks. The women with babies and bundles disembarking from buses. The guards. The packed dining halls and inadequate living quarters. The sons in US military uniform.

They are, of course, the pictures of Japanese Americans interned at Manzanar and other internment camps during WWII, many of them now on display at the Smithsonian’s national Museum of American History in Washington, DC.

Seventy-five years ago, when President Franklin Delano Roosevelt signed an executive order authorizing the imprisonment of Japanese Americans, about 120,000 of them – men, women, children, elders - were held in ten camps across the country where appalling conditions prevailed. Toilets lacked privacy, barracks were filled with rows of cots, guards with rifles patrolled from towers, barbed wire surrounded the desolate landscape, and fear was ever-present.

“It was like Nazi Germany concentration camps,” recalls a woman who was interned at the age of seven. “We were constantly under threat if we went near the barbed wire fences.”

Today many people are rightly worried that the growth of “detention centers” to be run by large private corporations that profit hugely from operating such centers will be used as holding camps for immigrants awaiting deportation. They have every reason to be afraid following Donald Trump’s recent executive order and his promise to remove “bad duded” quickly and completely.

And anyone who thinks the recent roundups aimed at capturing undocumented immigrants aren’t an escalation needs to think again.  Recently, passengers on a domestic flight arriving at JFK airport in New York were not allowed to disembark before showing their IDs.  An undocumented immigrant diagnosed with a brain tumor while in U.S. Immigration and Customs Enforcement (ICE) custody was forcibly returned to a detention center from her hospital bed in Texas. She told reporters her ankles and wrists were tied as she complained of severe pain. Neither her family nor her lawyers were allowed to communicate with her. It’s pure Kafka.

According to the ACLU, the U.S. immigration detention system locks hundreds of thousands of immigrants away unnecessarily every year. These detainees are subject to brutal and inhumane conditions, confined sometimes indefinitely, at huge costs to American taxpayers. Mothers and children are torn from each other in many cases. No regulations or enforceable standards are in place so that medical and mental health treatment, access to telephones, access to legal services, and even to religious services are denied. And many of the people trapped in such Draconian settings are lawful permanent residents and asylum seekers.

Such detention centers have grown exponentially in recent years and more are planned as ICE turns to contracted facilities such as for-profit prison corporations. These facilities operate outside the purview of public oversight and accountability and they have limited, often untrained staff, which translates into poor care and treatment of inmates, in order to maximize shareholder returns. They have, ACLU says, “a particularly grisly record of detainee abuse and neglect.”

Human Rights Watch Reports that indefinite detention of asylum-seeking mothers and their children takes a severe psychological toll. Many of them report serious depression, suicidal thoughts, and other symptoms of major psychological trauma.

Detention of innocent people is not new in America as we know from the Japanese American experience. In another example, after 9-11, several innocent men who had overstayed their visas were detained, abused, and otherwise badly mistreated because they were suspected of being radical Muslims. Several of these men who had been detained for months or in some cases years sued the Justice Department’s Attorney General (John Ashcroft), the FBI director (Robert Mueller) and several other government officials for violation of their fourth amendment rights. In January of this year, their case reached the Supreme Court. With Justices Kagan and Sotomayor having to recuse themselves, only six justices, four of them right-leaning, will decide the case.

It’s a case that brings together the Muslim Ban, the increasingly brutal roundups of immigrants and asylum-seekers, the issues surrounding private “detention” centers, and the role of the courts in addressing and ending law enforcement transgressions, especially in a Trump administration. Let’s hope the courts, at every level, get it right. The very future of our nation, which prides itself on being dedicated to freedom and human rights, depends on nothing more vital than a sound, well-reasoned, compassionate and moral judicial system.

Is America a Failed State?

As we say in New England, it’s been a wicked bad time lately. What with Ebola, ISIS, climate change induced weather crises, the situation in Ferguson, MO, the Secret Service scandals and more, we all feel shaken and fearful for the future.

It’s not only Americans who are feeling less secure and more frightened about what lies ahead. Worldwide, there is a growing sense of insecurity, anxiety and vulnerability. Still, I can’t help noticing the ways in which the U.S. is moving in dangerous directions, revealing flaws so serious that one wonders what separates us from countries that we like to call “developing countries.”  “American Exceptionalism” – a term that smacks of superiority – may no longer imply what is best in our national culture.  Now it may stand for all that is exceptional in negative ways in American life and politics.

Think about the growing corruption in our electoral system, typical in “less developed countries.” The Supreme Court’s Citizens United decision dealt a terrible blow to our political process when it ruled that essentially corporations are people. The rise of Super PACS and the power afforded individuals like the Koch brothers will have alarming consequences in the 20016 elections.

Anonymous political giving is growing exponentially. Voters are increasingly accosted by advertising from groups with seemingly benign names and dubious agendas.  These groups are required to disclose their finances only on federal tax returns, and the names of donors are exempted.  Approximately 55 percent of broadcast advertising has been paid for by groups like this recently.  Then there is gerrymandering and changes – attempted or achieved - to voting laws designed to keep certain people from voting the way some folks want them to. 

Then there’s police brutality and our deeply broken justice system. I’m not only talking about what happened in Ferguson or St. Louis or other places where black kids are shot to death by white cops, which obviously has a lot to do with the abysmal state of race relations in this country.

I’m talking about stories that seldom make the news, although the case of Lisa Mahone and her boyfriend Jamal Jones did get coverage. Mahone and Jones were rushing to the hospital where her mother was dying when they were stopped by police because Lisa wasn’t wearing a seatbelt. Before the whole thing was over, police had drawn their guns and Jamal was tasered because he didn’t have an ID and was too afraid to get out of the car.   All of this occurred with two terrified children in the back seat of the car.

The police are simply out of control. They have turned into militarized forces and SWAT teams because they’ve been trained to act like they work in a war zone by people who have done exactly that, many of whom are now cops on the beat. 

Police departments and drug task forces have been allowed to take millions of dollars from Americans under federal civil forfeiture laws with which they buy Humvees, automatic weapons, night-vision scopes and sniper gear, according to the Washington Post. The Justice Department’s Equitable Sharing Program allows local and state police to keep up to 80 percent of assets they seize, even without charging anyone with a crime. In order to retrieve their assets, victims must prove that the seized money or property was acquired legally. Mainly used by the Drug Enforcement Administration or Immigration and Customs Enforcement, there have been 62,000 cash seizures since 9/11 without search warrants or indictments. 

As for the justice system, take the case of teenager Courtney B. who was falsely accused by another teen of unwanted sexual touching, an accusation invented by a mother who wanted to sue a school district for money.  Courtney was arrested in Arizona without due process, held without bail for 66 days, and wrongfully convicted of child molestation by a judge. Sentenced to 11 years, she is required to register as a sex offender upon release. Despite proof that the alleged crime never happened, the county attorney, disbarred after copious alleged ethics violations, refused to admit he’d made a mistake. So this young woman languishes in jail - like so many others with similarly tragic stories, and many exonerees who finally make it out.

Clearly, we are failing as an exceptional, First World, democratic country in many ways.

In a recent column in The New York Times related to the Secret Service debacle, Thomas Friedman put his finger on something important and relevant. “Just look at Washington these days and listen to what politicians are saying,” he wrote. “Watch how they spend their time. You can’t help but ask: Do these people care a whit about the country anymore?”

We should all be asking that question with all due speed and gravity before we too become known as a “less developed country” struggling with political and moral corruption.