Dispatches of alarm and hope, on politics and society, democracy and justice. Because silence is not an option. We may read and write alone, but we drive change together.

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Alito, Ethics and the Scourge of Arrogance

Justice Samuel Alito expects the public to accept his impartiality, even after news broke that a "Stop the Steal" flag was flying over his house. He should recuse himself from cases involving J6.

STEVEN BESCHLOSS MAY 20

Don’t blame Sam. Blame the Mrs. (Photo by Alex Wong via Getty Images)

His wife did it. The neighbor made her do it. It’s not his fault. This is the basic defense of Samuel A. Alito, Jr., a justice of the United States Supreme Court.

You’ve probably heard the basic details of this terrible tale. It goes like this: Several days ago, The New York Times published a photo and the story of an upside-down American flag flying outside Alito’s Alexandria, Va., home in the days after the January 6 insurrection. That inverted flag is historically a symbol of dire distress that was co-opted by the insurrectionist “Stop the Steal” crowd and other anti-government extremists.

That flag—that highly partisan message to Alito’s neighbors and the world—was photographed on Jan. 17, 2021, just days before Joe Biden’s inauguration; and it was already up for several days, according to one neighbor’s email at the time. It was raised in response to a nearby “anti-Trump sign with an expletive,” the Times reported.

“I had no involvement whatsoever in the flying of the flag,” Justice Alito said in a statement emailed to the Times. “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”

Note Alito’s response. Not “this was wrong.” Not “I take full responsibility.” Not “I am sorry.” Rather: Put the blame on the Mrs. and defend, defend, defend. Also: Ignore the deeper underlying issue that, at a time when the opinion of the nation’s highest court is in steep decline, the country needs justices possessing unassailable ethics and character.

As if the first responsibility for a judge—a member of the Supreme Court, for crying out loud—is not to be a calm and careful voice. As if it’s OK for Alito and his family to respond to the world around them defensively, aggressively, politically, angrily. As if it’s perfectly acceptable for a Supreme Court justice to conduct his affairs on and off the court with extreme partisanship, thumbing his nose at democracy and the will of the people.

Don’t just listen to me. Note the Supreme Court’s guidelines for its own staff: “Employees may not engage in partisan political activity. Partisan political activity is political activity related to elections contested by political parties.” And: “Employees may not engage in nonpartisan political activity if the activity could reflect adversely on the dignity or impartiality of the Court or it interferes with official duties.”

Dignity and impartiality. Alito, a grievance-filled member of the nation’s highest court, has made clear how little he cares about modeling either of those principles.

This event has rightly triggered wide outrage. The duty of a SCOTUS judge—any judge, in fact—is to deliver fair and impartial justice. Are we really to believe he didn’t see the flag flying outside his own house for days? Really?

And beyond legitimate questions about his truthfulness: That same justice—who allied himself with insurrectionists willing to commit violence to subvert free and fair elections—is still weighing in on cases involving the January 6 attack, including most despicably a slow-moving ruling on presidential immunity.

This all makes a mockery of Chief Justice John Roberts’ assertions that he cares about the credibility of the court and securing the public’s trust. “I want to assure people that I am committed to making certain that we as a court adhere to the highest standards of conduct,” Roberts said last year.

A decade ago, in what now seems practically ancient, Roberts worried about the rancor and partisan divisions within Washington and its impact on the Supreme Court. “I don’t want it to spill over and affect us,” he said in 2014. “That’s not the way we do business. We’re not Republicans or Democrats.”

So much for that outdated view of the court.

Count Dick Durbin, Senator from Illinois and chair of the Judiciary Committee, among Congressional Democrats who can see what’s happening and demand action. Durbin has stated that the inverted flag at Alito’s house “clearly creates the appearance of bias.” And he insists something must be done: “Justice Alito should recuse himself immediately from cases related to the 2020 election and the January 6th insurrection, including the question of the former president’s immunity in U.S. v. Donald Trump.”

I could not agree more. And yet, disdain and the ideological pursuit of power continues to thrive on this court.

In lieu of a proper ethics code for this court—that is, one with enforcement mechanisms—we have every reason to expect that neither Alito nor Justice Clarence Thomas (whose wife Ginni participated energetically in efforts to reject the 2020 election results) will recuse themselves. And rather than make public statements explaining their refusal, these arrogant men will simply ignore the public’s outrage and the ethical issues in question.

It’s a tragic irony that the very people responsible for upholding the bedrock democratic principle of equality believe they are entitled to float above public reprobation. It’s hard to overstate how much damage this does to the once-respected court’s credibility.

Last November—after months of public outrage over revelations that Thomas accepted lavish vacations and other gifts from billionaire Harlan Crow—the court announced that it had created an ethics code for its justices.

But consider that document’s first two “canons”: “A Justice of the Supreme Court of the United States should maintain and observe high standards of conduct in order to preserve the integrity and independence of the federal judiciary.” And, “A Justice should respect and comply with the law and act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.”

Please explain to me how that inverted flag which flew for days at Alito’s home does not violate “high standards of conduct” or “promotes public confidence in the integrity and impartiality of the judiciary.” Please explain to me how Justice Alito can reasonably justify not recusing himself from cases related to the 2020 election and the Jan. 6 insurrection.

I don’t have any confidence that he will recuse himself, of course. Alito and Thomas have followed the Trump Republican playbook: Never apologize. Never admit wrong-doing. Never show any signs of shame.

This scourge of arrogance deepens the already-deep polarization in the body politic because its proponents provide no quarter for discussion, negotiation or accommodation. Worse, this attitude increases the prospects for violence because it fuels extremism and exacerbates anger and conflict. The last place this scourge should be on display is the nation’s highest court—and yet it is.

Add this to the list of necessary reasons for Donald Trump and MAGA Republicans to face an overwhelming defeat in November: The real possibility that the next president will be selecting the next justices of the Supreme Court.

We don’t need more anti-democratic disdain on the court—or anywhere in government. That prospect is enough to make me raise an inverted American flag as an expression of extreme distress. Almost enough, that is. The last thing we need is more people appropriating and abusing symbols of democracy and justice.

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“From Junkie to Judge: One Woman’s Triumph Over Trauma and Addiction.”

 

I first shot methamphetamine when I was 17. As an abused child seeking relief from trauma and stress, I’d turned to alcohol at age 12 and had used numerous drugs to excess before sticking that needle in my arm. In 1979, at age 18, I was arrested for possession of meth and syringes.

Knowing I was a good student headed to college, without a criminal record, the judge reduced the charges to disorderly person, which was below a misdemeanor. As a result, I was not incarcerated. And when he sentenced me, the judge ordered that my record be expunged if I did not get convicted for the next few years. I also was allowed to leave New Jersey to attend college in California, after a one-year delay, even though I still was on probation. The criminal justice system showed me mercy and allowed me to build a life.

I regained a bit of control over my drug use in college, until I succumbed to a severe meth addiction that lasted from my senior year until I was 32. During that decade, I carried meth with me every day. I was pulled over for tickets multiple times and was in car accidents that involved police response. But the police never searched me. Not even when I had been awake for days and looked like a tweaker, with a scabby face and twitchy hands.

While I had to work hard to build a robust recovery foundation, as everyone does, my University of California, Berkeley, education allowed me to reenter the workforce with relative ease.

I then graduated from Berkeley Law at nine years sober, at the age of 42. When I applied to obtain my law license, due to the expungement, I had a clean criminal record. It was the same years later when I had to pass a security screening to become a federal administrative law judge. Had I had an extensive arrest record, I likely would not have been appointed a judge, despite my 20 years of sobriety at that point.

My drug addiction story has been a humbling series of breaks, granting me second and third chances.

That wasn’t luck. Based on the data, I am confident I benefited from the white color of my skin.

People of color experience discrimination at every stage of the criminal legal system. They are more likely to be stopped, searched, arrested, convicted, harshly sentenced and saddled with a lifelong criminal record. This is particularly the case for drug law violations.

The Public Policy Institute of California has found that Black drivers are stopped at night at twice the rate of white drivers. In addition, police search Black and Latino drivers at a much higher frequency even though the discovery rates of contraband are lower than for white people. Similarly, Black and Latino drivers are overrepresented in being detained and handcuffed.

Black men in California are 42% more likely, and Latino men 32.5% more likely, to be sentenced to prison than white men with similar criminal records and convictions.

I do not mean to suggest that the most significant impact from these racial disparities is that I was able to become a judge and those with notable criminal records cannot. The consequences of racial discrimination and white privilege in my life are trivial compared with the effects for victims, which include limited job opportunities, the breakup of families, lost years spent in jail or prison and the trauma associated with knowing your community does not receive equal or fair treatment.

I am proud of my accomplishments and appreciate that my hard work, on my recovery and professionally, was a prerequisite to my judicial appointment. Still, I also am aware that this success almost certainly would not have been possible had I been a different color.

Mary Beth O’Connor, a retired federal administrative law judge, is the author of the forthcoming “From Junkie to Judge: One Woman’s Triumph Over Trauma and Addiction.”

© 2022 Los Angeles Times

FOCUS: Eugene V. Debs | The Oppressed Need Justice, Not Charity

 

 

29 November 22

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FOCUS: Eugene V. Debs | The Oppressed Need Justice, Not Charity
Eugene V. Debs, Jacobin
Excerpt: "Today is Giving Tuesday, so here's a 1913 article by Eugene V. Debs, never before republished, about why the charity balls of the rich will never deliver justice for the poor. As Debs declared, 'What the poor need is that the rich shall get off their backs.'"

Today is Giving Tuesday, so here’s a 1913 article by Eugene V. Debs, never before republished, about why the charity balls of the rich will never deliver justice for the poor. As Debs declared, “What the poor need is that the rich shall get off their backs.”

This is the season for “charity” rehearsals. The “charity” ball and “charity” banquets are now all the rage.

The other day — or night, rather — a lot of high-toned women at Chicago, half-naked, and covered with ten million dollars’ worth of diamonds, danced the “grizzly bear,” the “turkey trot,” and the “bunny hug” with their male escorts, at what was called the “charity ball of the smart set.”

This vulgar exhibition and others like it outrage every sentiment of true charity. The gang of parasites that cavorted about on this occasion were wholly absorbed in displaying their “charms” and out-rivaling one another with blazoned jewels and crass ornamentations, and there was not a thought of charity nor charitable impulse in the whole affair. They “licked-up” more champagne than the net proceeds amounted to.

Think of one set of human beings dancing with glee and filling themselves with champagne, wine and truffled tidbits because another set of human beings is starving for the want of bread!

And this is “charity” from the point of view of the class who live out of the sweat and misery of the victims upon whom they bestow it.

Think of Jesus Christ, who “had nowhere to lay his head,” looking upon such a scene! What would He say if told that the “grizzly bear” was being danced by half-nude women and the champagne guzzled in his name, and to feed his sheep? If he did not rebuke such mockery and scourge the bacchanalian revelers from the scene, he must have changed mightily from what he was in Jerusalem twenty centuries ago.

To give the proceeds of such an affair to the hungry and naked is not a charity. It is the extreme opposite of charity and is as discreditable to those who give as it is to those who receive.

Such perversion of charity follows the denial of justice. As long as one set of human beings own the means of life and another set of human beings depend upon them for a chance to get a living, one set will be sated and the other starved, the more of this so-called “charity” that is dispensed the worse it will be for all concerned.

In thinking of the abuses to which this word is subjected, I feel moved to paraphrase Madame Roland: “O, Charity, what crimes are committed in thy name!”

There is something radically wrong in a society in which the few have to dance periodically because the many are starving perpetually.

The relation to those who dance sustain to those who starve precludes all possibility of true charity.

I want no dude to dance in a dress coat that I may eat.

To be fed that way paralyzes the moral fiber and destroys self-respects.

What the poor need is that the rich shall get off their backs, and then they will not have to go to the trouble of dancing at “charity” balls to feed their victims. But that is exactly what the rich will not do, and, therefore, the poor the world over, are preparing to unload.

And this is the significance of the labor movement and of the agitation of the working class in every nation on earth.

There is a mighty change impending, and when this change has taken place and society is rightly organized and social righteousness prevails “charity” balls and “charity” banquets will be unnecessary and unknown.

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Juneteenth

 

Today we commemorate June 19, 1865, the day when Union soldiers arrived in Texas and announced that all enslaved people were free, more than two years after the Emancipation Proclamation was declared.

It’s a day of celebration for the liberation of Black Americans. But Juneteenth is not simply a celebration to me. It is a heavy day as well. It’s heavy because of the truth it exposes, and because the freedom we were promised is still not fully in reach.

It’s clear that our country is still struggling to address its history of systemic racism. From the recent massacre in Buffalo, to the cycle of police violence that’s taken away the lives of our neighbors like Breonna Taylor — there are constant reminders of the challenges we face. We’re still struggling to even get our leaders to agree that heinous acts like lynching should be a crime. 

I don’t say all of this to paint a cynical picture. I say this because I want to share with you why I’m hopeful for the future.  

I’ve spent countless days standing for justice with my neighbors in Kentucky. I stood next to my brothers and sisters in Louisville as we were marching for Breonna Taylor, David McAtee, George Floyd, and so many other Black Americans who have been killed by the agencies that we pay to protect us.

There were moments it felt like our leaders couldn’t care less — that change was out of reach. 

But in the face of so much pain, we kept pushing. We kept showing up. We kept building community. We kept standing for justice. We kept saying Breonna Taylor’s name.

I’ve witnessed Kentuckians from all walks of life come together, day after day, to organize. Together, we demanded change to save Black lives and made sure that the City of Louisville passed Breonna’s Law and banned no-knock warrants. 

You are the reason why I know change is possible in Kentucky. 

Recently, I made a video about the family members I’ve lost to lynching in response to Rand’s vote to block lynching from being a federal hate crime. 

A lot of folks told me this video would be controversial. Too jarring. Especially in a “red state” like Kentucky. 

Instead we received an overwhelming response of love and support. It was proof of the support we have in building our movement. And I can’t wait to keep proving everyone wrong who claims that Kentucky isn’t ready for change. 

I believe in us. Because ultimately, we’re fighting because we just want to be okay, and we just want to take care of our families. That’s what all of this is about, and it’s why we’re pulling on the long, moral arc of the universe towards justice.

Thank you,

Charles

 

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Larry has become the progressive DA to attack

 

You’re going to want to sit down and read this email. Take a look at this headline:

This makes it clear: after Chesa’s recall, our enemies are feeling emboldened and attacking Philadelphia DA Larry Krasner.

And the smear campaign has already begun, saying Larry “completely lost his mind” and tossing around false stats. The same kind of lies we saw in San Francisco.

We’ve seen them play this angle and win — and we can’t let it happen again.

Rush a donation now to help us defend DA Larry Krasner and other vulnerable DAs who could be new targets. 

Just this month, Larry Krasner convicted a former Philadelphia homicide detective of multiple crimes, including rape and stealing reward money in the murder of an off-duty officer.

Larry has dedicated his time as Philadelphia’s DA to holding corrupt villains accountable — no matter who he’s up against, whether it’s powerful cops or infamous detectives.

He has also freed over two dozen wrongfully convicted people who spent decades behind bars for crimes they didn't commit. 

It’s incredible work, righting the wrongs of the past and finally holding Philadelphia city officials accountable for their misconduct.

But all that progress has put a target on his back.

If we learned one thing from Chesa's recall, it’s that we need to start EARLY and be proactive, protecting our progressive DAs, before our opponents have time to set up the kind of operation they created in San Francisco. 

So we need to get moving as soon as we can. 

We will not watch another campaign begin that preys on the fears of the people, manipulates the narrative to blame our DAs for crime, or covers the city in propaganda and lies.

Make a donation now to help us throw a wrench in any plans to continue taking out more of our DAs. If we start our work early enough, we will have the resources to defend them from more attacks.

Gratefully, 

Real Justice

 

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May Day

 

Dear Friends,

Let me take this opportunity to wish each and every one of you a very happy May Day.

The concept behind May Day is extremely profound. It is the understanding that real power lies in solidarity, and that when working people in our country and around the world come together, there is nothing that can stop us in the struggle for justice.

It is also a day in which we recommit ourselves to take on the incredible greed and power of the corporate elite and the exploitation and misery they create — not just here in the United States, but internationally.

Clearly, one of the great crises facing the global community today is that the basic right of ordinary people to control their own lives at home and at the workplace is on the defensive.

And the root of this crisis is the fact that a handful of incredibly wealthy people are exerting enormous economic and political power over the planet.

These are people who are so addicted to greed that they are willing to step over working people, many with families and young children, in order to satisfy a pathological desire for more, more and more wealth.

Unbelievably, in the global economy today, the top 1 percent owns more wealth than the bottom 99 percent, and a handful of billionaires own more than the bottom half of the people around the world — and that is more than 3.7 billion people.

And things have only gotten worse during the pandemic.

According to a recent study by Oxfam, the wealth of just the 10 richest people on the planet has doubled since the start of the pandemic, while the incomes of 99 percent of the people have declined. While oligarchs are spending huge sums of money buying fancy yachts, paintings, social media companies, and joy riding into space, global income and wealth inequality has led to the deaths of more than 21,000 people each and every day.

So where do we go from here?

We must start by taking this moment to reconceptualize what a genuinely progressive global community looks like: one based on human solidarity, that recognizes every person on this planet shares a common humanity, that we all just want our children to grow up healthy, have a good education, have decent jobs, drink clean water, breathe clean air, and live in peace.

We also know that if the middle class in this country and working people around the world are going to live that reality, it must start with strengthening the trade union movement internationally.

People here in America and around the world must awaken to the realization that people can no longer just be cogs in the machine.

People here in America and around the world need to stand up and say:

“We need decent wages.”

“We need decent working conditions.”

“We need decent schedules.”

“We want to be heard.”

“We want respect on the job.”

Because the truth is, neither the United States nor the international community can sustain itself when so few have so much while so many have so little.

All people who want to work — regardless of where they are from — should be entitled to a good-paying job with decent benefits.

All people — regardless of where they are from — should be entitled to health care as a human right.

All people — regardless of where they are from — should be guaranteed decent and affordable housing.

All people — regardless of where they are from — should have the right to a secure retirement with dignity.

All people — regardless of where they are from — should be entitled to a complete education.

So on this May Day 2022, let us keep our eyes on the prize.

Let us realize the struggles of working people everywhere — from teachers protesting in Hungary to Amazon workers in Staten Island — are connected.

Let us realize that when workers organize and succeed anywhere they are increasing the influence that working people have in the political process everywhere.

And let us realize, most importantly, that when people of all backgrounds stand together in solidarity, there is nothing we cannot accomplish — including creating a world in which all people live in peace and unity.

In solidarity,

Bernie Sanders

Bernie is organizing our movement across the country to create the kind of nation we know we can become. But the truth is that he cannot do it alone — it is going to require all of us.

Please make a $27 contribution to stand with Bernie in fighting for a government that works for ALL of us, not just the 1 percent.

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SF Chronicle: Vote NO on recall

 

Today, I'm pleased to report that the San Francisco Chronicle has officially endorsed our campaign, and is urging voters to vote NO on the recall this June.  I invite you to read the endorsement, and of course, share it with your friends and family -- but here's the gist:  Recall is a last-ditch tool for emergencies, not buyer’s remorse.  Differences of opinion are not recallable offenses. And anyone who decries Chesa's methods and execution is free to run against him in two years.   Violent crime is low and has stayed low even as it has surged across the country at rates not seen since the 1960s.   A tough-talking district attorney may offer reassurance to some uneasy minds, but aggression is hardly a criminal panacea. One need only look to Sacramento, where aggregated assaults and homicides shot up 43% and 67% respectively from 2019 to 2021 under District Attorney Anne Marie Schubert’s notoriously harsh watch.   Chesa Boudin vowed to fight crime by building a justice infrastructure that attempts to rehabilitate instead of incarcerate. That effort is a work in process. Voters should have the courage of their conviction and wait for the results. This is a significant moment for our movement, and I'm proud to have the Chronicle's endorsement. But this hasn't stopped the recall effort from spending millions to pound voters with false attack ads lying about our city and my record.  So I need your support: Can you help me capture this momentum by making a donation of $20, $50, $100, or whatever amount you can afford right now? With the election just weeks away, I need your support now more than ever -- or everything we've fought for could be taken away.  Thank you, Chesa Boudin Chesa Boudin was elected District Attorney of San Francisco in 2019 to reform our criminal justice system. Now, right-wingers  want to reverse our progress and return our city to a time when innocent people were locked away and police acted with impunity. Please chip in today to keep up the fight to reform San Francisco's criminal justice system. DONATE NOW » 20 Galli Drive Ste A Novato, CA 94949 Friend of Chesa Boudin Opposing the Recall 20 Galli Drive Ste A Novato, CA 94949-5731 United States     Ad paid for by No on H, Friends of Chesa Boudin Opposing the Recall, FPPC #1437058, Financial Disclosures available at SFethics.org Committee major funding from: 1. Dignity CA SEIU Local 2015 ($125,000)  2. Service Employees International Union Local 1021 candidate PAC ($115,000) 3. Christian Larsen ($100,000)