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Saturday :: December 18, 2004

Questions Raised About Banking Discrimination

by TChris

Federal law prohibits businesses from discriminating against patrons because of their national origins. Some customers of AmSouth Bank wonder if the bank is disobeying that law.

AmSouth sent Imad Aleithawe a letter closing his account, but won't explain why.

Aleithawe, a civil engineer with the Mississippi state transportation department, says that without answers he is left with only the lingering suspicion that it has something to do with his Middle Eastern heritage. At least three other Mississippi residents with Middle Eastern backgrounds -- including a university instructor and business owners -- have also had their accounts closed. Those affected say others with Middle Eastern ties have complained to them about closed accounts, but were unwilling to go public.

AmSouth claims it has "appropriate reasons" for its actions. If so, why won't it reveal those reasons to Aleithawe?

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Religious Intolerance

by TChris

The good news: 48 percent of Americans still believe in the fundamental principles of freedom and tolerance upon which the nation was founded. The sad and frightening news: 44 percent do not.

A survey by Cornell University reveals that 44 percent of Americans support some sort of restrictions on the freedom of Muslim Americans simply because of their religious beliefs. More than a quarter believe that all Muslim Americans should be required to register their location with the federal government. Unsurprisingly, the people who hold these decidedly un-American views tend to identify themselves as "highly religious" and as supporters of the Republican party.

Memo to the 44 percent: you live in the United States of America, not the Christian States of America. The same freedoms that you enjoy, including the right to practice your religion without governmental interference, apply to others as well. Deal with it.

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Friday :: December 17, 2004

National Guard Misses Recruitment Goals

by TChris

As more potential recruits realize that joining the National Guard could lead to a nasty, life-threatening tour in a volatile Iraq, enlistment declines.

The sharp decline in recruiting is significant because National Guard and Army Reserve soldiers now make up nearly 40 percent of the 148,000 troops in Iraq, and are a vital source for filling the ranks, particularly those who perform essential support tasks, like truck drivers and military police.

General Blum said the main reason for the Army National Guard's recruiting shortfall was a sharp reduction in the number of recruits joining the Guard and Reserve when they leave active duty. In peacetime the commitment means maintaining their ties to the military with a weekend of service a month and two weeks in the summer.

The Guard is trying to entice enlistees with cash, but those who worry about a draft cannot be encouraged by today's news.

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Did Justice Dept. Base Death Decision on Race?

by TChris

The federal government has charged 14 people with playing a role in a smuggling operation that resulted in the deaths of 19 illegal immigrants after they succumbed to heat in the back of a tractor-trailer. But prosecutors are only seeking the death penalty against one defendant, Tyrone Williams, who happens to be an African American. His lawyer is asking why.

"In this case, the discriminatory effect and discriminatory intent cry for justice," [Craig] Washington wrote in a motion submitted Thursday. "Moreover, every other similarly situated individual in the history of the death penalty as it relates to (immigrant) smuggling has been treated differently. Justice demands justice."

Washington told the court that, since 1994, 68 people have been charged with immigrant smuggling that resulted in death, but the government has pursued a death sentence only against his client.

To her credit, the judge would also like an explanation for the government's insistence on death. She may not be ready to accept the claim that Williams was the only defendant who had the ability to prevent the deaths from occurring.

During a hearing Friday, U.S. District Judge Vanessa Gilmore asked Assistant U.S. Attorney Tony Roberts to provide her a letter from U.S. Attorney General John Ashcroft explaining his office's refusal to "disclose why you sought the death penalty on this guy, the only black guy, and not on the others." Gilmore said she would hold Roberts in contempt if she didn't get the letter Friday.

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Kansas Death Penalty Law Held Unconstitutional

by TChris

In a victory for death penalty opponents, the Kansas Supreme Court today (by a 4-3 vote) declared the state's death penalty unconstitutional.

The Kansas law as written requires jurors to vote for death if the “aggravating factors” offered by prosecutors and the “mitigating factors” offered by the defense balance each other out, the justices said. In essence the fact that a tie goes to the state renders the law unconstitutional, the court said.

The court declined to rewrite the statute in order to save it, concluding that it is the legislature's job to decide whether the statute should be amended to restore the death penalty. The court's decision is here.

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Stupid Law of the Week

by TChris

Strippers in San Antonio will now be required to wear an "identification badge" while working. Requiring strip club employees to wear such badges will, according to the city council, "increase safety." Of course, displaying the real names of strippers will actually jeopardize their safety by exposing them to stalkers, but common sense often has little to do with legislation -- and the stated purpose often has little to do with the true purpose, which in this case is probably a desire to drive the clubs out of business.

Update: This story says the badges display the dancer's stage name. But dancers have to apply for the permits, which may make it possible for patrons to identify a dancer's true identity by inspecting the application. In any event, the story makes clear that the law has nothing to do with "safety" and everything to do with the city's distaste for a lawful business.

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Soldier Tries to Avoid Return to Iraq

by TChris

As Iraq continues to turn into Vietnam II, will we be seeing more stories like this?

A soldier who allegedly had a relative shoot him so he wouldn't have to return to Iraq could face military discipline. Army Spc. Marquise J. Roberts, of Hinesville, Ga., suffered a minor wound Tuesday to his left leg from a .22-caliber pistol, police said. He was treated at a hospital, then arrested after he and a relative allegedly admitted making up a story about the shooting.

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Church and State in Florida

by TChris

Christian conservatives who believe that tax dollars should be used to subsidize religious education have been frustrated by state constitutions that prohibit state financial support of religious institutions. In Florida, they've seized upon a plan to tear down the wall between church and state: a citizen initiative to repeal the constitutional barrier.

"So if the constitution stands in the way of their radical agenda, don't change the radical agenda — change the constitution," said Howard Simon, head of the American Civil Liberties Union of Florida.

Supporters of the plan would need to gather the signatures of 600,000 Florida voters to place the question on the 2006 ballot.

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Rallying Against Hatred

by TChris

Students at Tamalpais High School in Mill Valley, California are determined not to let a few bigots define the identity of their school. They took a stand against intolerance by attending a candlelight rally in support of a student who has been the target of vandalism to her home, car, and student locker.

School officials made the community aware of the events after vandals painted the words "Die Fag" in 2 1/2 foot letters on the wall of the school's Keyser Hall. Police say they have not yet identified any suspects.

Students have distributed 600 lavender ribbons to members of the community, who wear them to show their opposition to hatred.

"It's been the best thing. Really diverse groups of students are wearing them on their backpacks, their shoes and their shirts. We see them everywhere," [the junior class president] said.

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Thursday :: December 16, 2004

Court Examines Detention in Saudi Arabia

by TChris

Abu Ali, a 23-year-old American citizen, has been held in Saudi Arabia for 18 months on suspicion of terrorist activities. No charges have been filed.

Federal courts are generally powerless to force the release of a prisoner held by a foreign sovereign, but Ali persuaded U.S. District Judge John Bates to ask whether the United States played a role in Ali's detention.

[Judge Bates] ordered the Justice Department to produce documents establishing what role, if any, U.S. officials played in the arrest of Ahmed Abu Ali of Falls Church, Va. He was taken into custody in June 2003 in Medina, Saudi Arabia, while taking a final exam at his university.

Ali has been interrogated repeatedly by the FBI, suggesting that the United States may have de facto control over Ali's custody. Predictably, the Justice Department argued that Ali is beyond the jurisdiction of an American court, but Judge Bates isn't ready to buy that argument. The Department didn't refute the allegation that the United States controls Ali's continuing imprisonment. Recognizing that American involvement is plausible, Judge Bates concluded that the constitutional issues at stake deserved further investigation.

"There is no principle more sacred to the jurisprudence of our country or more essential to the liberty of its citizens," he wrote, "than the right to be free from arbitrary and indefinite detention at the whim of the executive. ... The court concludes that a citizen cannot be so easily separated from his constitutional rights[.]"

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British Court Strikes Down Detention Law

by TChris

The highest court in Great Britain, echoing (and perhaps amplifying) a decision of the United States Supreme Court (covered here by TalkLeft), "ruled today that the British government cannot indefinitely detain foreigners suspected of terrorism without charging or trying them, and called the process a violation of European human rights laws." The decision revolves around the detention of nine Muslim men in Belmarsh Prison in London, some of whom have been held without trial for three years.

In its powerfully worded decision, the court said that the government's "draconian" measures unjustly discriminate against foreigners since they do not apply to British citizens and constitute a lopsided response to the threat of a terrorist attack.

Lord Leonard Hoffman wrote that the case "calls into question the very existence of an ancient liberty of which this country has until now been very proud: freedom from arbitrary arrest and detention."

He went on to say that the government's actions posed a greater threat to the nation than terrorism. "The real threat to the life of the nation, in the sense of a people living in accordance with its traditional laws and political values, comes not from terrorism but from laws such as these," Lord Hoffman wrote.

The detention law, which appears to be aimed only at Muslims, was due to expire in 2006.

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Man Dies After Being Shot By Taser

by TChris

Another person who police officers shot with a Taser gun is dead, although it isn't clear whether the Taser caused his death.

Paramedics had stopped to tend to [Kevin Downing] because they found his van blocking traffic in the middle of the road. They called police after he became unruly. Downing was still belligerent when police arrived, so a female officer used her stun gun to subdue him. "The Taser didn't work on him, so they had to physically subdue him," [police spokesman Carlos] Negron said. Downing was handcuffed and taken to the hospital, where he died.

TalkLeft's coverage of the controversy surrounding Taser use is collected here.

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