Federal Appeals Court Affirms Persons Threatening Suicide Have Right to Not Be ‘Shot on Sight’ By Police

dirksen

A federal appeals court affirmed that a person threatening to commit suicide has a constitutional right to not be “shot on sight” if that person is not putting anyone else in “imminent danger” or resisting arrest for a “serious crime.”

Jerome Weinmann threatened to kill himself in his garage on November 12, 2007. His wife, Susan, called 911 and told the dispatcher that McClone had “access to a long gun.” An officer from the Waupaca County Sheriff’s Department in Wisconsin was dispatched to respond to her call.

Only a few minutes after arriving at the home, Deputy Patrick McClone decided it was necessary to force his way into the garage. He could not see Jerome through the two windows he chose to use. Without using other windows and before attempting to talk to Jerome, he kicked in a door to the garage because he thought he heard noises that suggested Jerome was in the act of committing suicide.

McClone fired his weapon and shot Jerome four times in his face, thumb and torso. These injuries, according to the Seventh Circuit Court of Appeals, “required extensive medical treatment including partial amputation of his thumb and a total replacement of his jaw’s left temporomandibular joint.”

Jerome had a .12 gauge shotgun in his lap but maintains that he never pointed it at the officer. McClone asserts the weapon was pointed at him and he was in danger, which gave him the right to shoot Jerome. He appealed a ruling by a federal district court that refused to dismiss an “excessive force” claim filed by Jerome against him.

In order to convince the court to dismiss the lawsuit, McClone had to show that the facts according to Jerome did not demonstrate that his rights were somehow violated.

McClone argued this was an “inherently dangerous encounter” because he had entered an “enclosed garage with a single entrance.” If the Seventh Circuit accepted this argument, the court claimed it would be “saying that officers are entitled, when responding to a suicide call, to use deadly force any time they forcibly enter a single-entrance room.”

“We are aware of no ruling that permits this sort of shoot-on-sight response to this class of encounters,” the appeals court declared [PDF].

The appeals court also stated, “McClone did not look through the other windows into the garage to see what Jerome was doing, nor did he try to talk to him. Instead, within three minutes of arriving at the scene, McClone opened fire. Either viewed as so plainly excessive that no analogous case is needed, or viewed in light of existing authority, this was an excessive use of force.” (more…)

The Roundup for May 27th, 2015

International Politics

Overall

– The United Nations passed a resolution condemning attacks against journalists

– Fourteen people, including nine FIFA executives, were arrested by authorities in Switzerland after an indictment by the U.S.; Dave Zirin writes more here

– Sepp Blatter: We welcome an investigation by U.S. officials into FIFA

– UEFA, the European section of soccer, said FIFA elections should be postponed 

– Talks between P5+1 and Iran may go beyond the June 30 deadline, an Iranian official said

– One French official said, if Iran refused to open its military sites, the deal should be called off

Middle East

– Islamic State militants launched suicide attacks against Iraqi forces in the Anbar province and 17 soldiers died

At least 80 people were killed in Yemen due to Saudi-led airstrikes

– A United Nations official said the rise of executions in Saudi Arabia was troubling

– Tony Blair will no longer be an envoy for peace in the Middle East; A position he relinquished after supporting the Iraq War

At a trial of a Washington Post journalist in Iraq, a letter sent by Jason Rezaian to President Barack Obama was referred to in court (more…)

Over Easy: Around the World

Welcome to Thursday’s Over Easy, a continuation of Southern Dragon’s Lakeside Diner and its tradition of giving an overview of news our everyday media doesn’t cover, issues that we ought to consider outside the U.S. scene.

A raid by Swiss justice officers on the Zurich headquarters of FIFA, worldwide governing body of the sport the U.S. calls soccer, kicked off a corruption crackdown that has been assisted by Charles Blazer, the former head of Concacaf, working undercover..

Amid the U.S. indictments released Wednesday, Swiss authorities indicated that they were separately investigating the processes by which the 2018 and 2022 World Cup host country sites were secured. The United States narrowly lost out on hosting the latter competition to Qatar, whose securing of the tournament has been overshadowed by concerns over alleged human rights abuses of its migrant labor force.

According to SIU law professor Dervan, part of the reason the DOJ may have launched its investigation into FIFA is because of the widely held belief that corruption influenced the body’s decision to award Qatar the World Cup — thus negatively impacting U.S. commerce and legal norms.

Representatives of the two tribes with members  in the legislative body, Penobscots and Passamaquoddies, withdrew from the Maine legislature as a protest of state attitudes injurious to the tribes’ interests.

As Dana and Mitchell were leaving, a number of lawmakers accompanied them and joined a protest held in the statehouse courtyard.

“The Passamaquoddy and Penobscot people will always have a place in the Maine House,” said House speaker Mark Eves of North Berwick.

”I hope they will reclaim their seats,” he added without elaborating how it may come about.

Technology that can meddle with the DNA of human embryos has been opposed by world bodies that are concerned about its implication for the future of the species.

The technique allows researchers to artificially insert or remove parts of the DNA.

Nascent work in the field has already led to fierce patent battles between start-up companies and universities that say it could prove as profitable and revolutionary as recombinant DNA technology, which was developed in the 1970s and 1980s and launched the biotechnology industry.

But CRISPR has also brought ethical concerns. Use of the technology provoked strong criticism from some scientists last month, after it was employed in China to alter the DNA of human embryos.

Never.Give.Up.

Late Night FDL: A Rock Star Bucks A Coffee Shop

Neil Young + Promise Of The Real – A Rock Star Bucks A Coffee Shop

Rock On, Neil…!

Neil Young has set his targets on American corporations with the Monsanto and Starbucks copping the wrath of Young in the upcoming ‘The Monsanto Years’ album.

Young’s ‘The Monsanto Years’ is his most lyrically vicious album since Neil tore George W. Bush a new arsehole with the ‘Living With War’ album in 2006.

‘The Monsanto Years’ is about the corporate greed of the publicly listed Monsanto Corporation in the USA that genetically modifies food. The company also manufactured Agent Orange, the herbicide weapon used by the American government during the Vietnam War.

Earlier this week Young said in a statement:

‘Contrary to the misleading information coming from Starbucks, the coffee company is in alliance with other Food Giants, including Monsanto, in suing the state of Vermont to overturn the GMO labeling laws voted for by the people.

‘An alliance is a pact, coalition or friendship between two or more parties, made in order to advance common goals and to secure common interests. Starbucks and Monsanto are members of the Grocery Manufacturers Alliance.

‘The Grocery Manufacturers Alliance sued the state of Vermont to overturn the people’s will to mandate GMO labeling in Vermont.

‘In communications with Starbucks the company was unresponsive to the direct question on whether Starbuck’s coffee product contained GMOs’.

By raising awareness of Monsanto, Young has also brought into question the values of U2’s Bono who supports Monsantos move to use Africa to harvest Genetically Modified Organisms (GMOs) because, according to NaturalNews.com ‘They’re future consumers for the United States.’

Neil Young has created ‘The Monsanto Years’ with Promise of the Real. an LA-based rock band fronted by Lukas Nelson (vocals/guitar), along with Micah Nelson (guitar, vocals), Anthony Logerfo (drums), Corey McCormick (bass) and Tato Melgar (percussion). The Nelson brothers are the sons of Willie Nelson.

What’s on your mind tonite…?

Bill Moyers: The Challenge of Journalism Is to Survive in the Pressure Cooker of Plutocracy

By Bill Moyers

This post first appeared on BillMoyers.com.

The following remarks were made by Bill Moyers at the presentation of the Helen Bernstein Book Awards for Excellence in Journalism. The ceremony took place at the New York Public Library on May 26, 2015.


Thank you for allowing me to share this evening with you. I’m delighted to meet these exceptional journalists whose achievements you honor with the Helen Bernstein Book Award.

But I gulped when [New York Public Library President] Tony Marx asked me to talk about the challenges facing journalism today and gave me 10 to 15 minutes to do so. I seriously thought of taking a powder. Those challenges to journalism are so well identified, so mournfully lamented, and so passionately debated that I wonder if the subject isn’t exhausted. Or if we aren’t exhausted from hearing about it. I wouldn’t presume to speak for journalism or for other journalists or for any journalist except myself. Ted Gup, who teaches journalism at Emerson and Boston College, once bemoaned the tendency to lump all of us under the term “media.” As if everyone with a pen, a microphone, a camera (today, a laptop or smartphone) – or just a loud voice – were all one and the same. I consider myself a journalist. But so does James O’Keefe. Matt Drudge is not E.J. Dionne. The National Review is not The Guardian, or Reuters TheHuffington Post. Ann Coulter doesn’t speak for Katrina vanden Heuvel, or Rush Limbaugh for Ira Glass. Yet we are all “media” and as Ted Gup says, “the media” speaks for us all.

So I was just about to email Tony to say, “Sorry, you don’t want someone from the Jurassic era to talk about what’s happening to journalism in the digital era,” when I remembered one of my favorite stories about the late humorist Robert Benchley. He arrived for his final exam in international law at Harvard to find that the test consisted of one instruction: “Discuss the international fisheries problem in respect to hatcheries protocol and dragnet and procedure as it affects (a) the point of view of the United States and (b) the point of view of Great Britain.” Benchley was desperate but he was also honest, and he wrote: “I know nothing about the point of view of Great Britain in the arbitration of the international fisheries problem, and nothing about the point of view of the United States. I shall therefore discuss the question from the point of view of the fish.”

So shall I, briefly. One small fish in the vast ocean of media.

(more…)

Memo to US Attorney General Loretta Lynch: More Indictments Like FIFA Please

[Skip the first minute which is a pitch to renew the Patriot Act]

Our new Attorney General of the United States, Loretta Lynch, made a big announcement today and I am not talking about another agreement with a criminal bank that agrees to pay a pithy multi-millio-dollar fine without admitting it did anything wrong.

At a press conference this morning, Lynch announced the unsealing of a new 47-count indictment charging 14  world soccer figures, including officials of FIFA, with racketeering, bribery, money laundering and fraud. Four of those accused, including two sports marketing companies, have already pleaded guilty and are likely to be cooperating. From the Washington Post,

Among the “alleged schemes,” said the Justice Department, were kickbacks to FIFA officials by executives and companies involved in soccer marketing and “bribes and kickbacks in connection” with “the selection of the host country for the 2010 World Cup and the 2011 FIFA presidential election.” FIFA is the French abbreviation for the international Federation of Football Associations, the global governing body of soccer.

Swiss prosecutors, in a related announcement, said they had opened criminal proceedings against unidentified individuals on suspicion of mismanagement and money laundering related to the awarding of rights to host the 2018 World Cup in Russia and the 2022 World Cup in Qatar.

The separate Swiss probe includes “electronic data and documents” seized at FIFA’s headquarters in Zurich, the Swiss prosecutor’s office said. Swiss police said they will question at least 10 FIFA executive committee members who took part in the World Cup votes in December 2010 that named Russia and Qatar as host nations for the next two tournaments.

/snip/

Those charged, the Justice Department said, “include U.S. and South American sports marketing executives who are alleged to have systematically paid and agreed to pay well over $150 million in bribes and kickbacks to obtain lucrative media and marketing rights to international soccer tournaments.”

“Jeffrey Webb and Jack Warner — the current and former presidents of CONCACAF, the continental confederation under FIFA headquartered in the United States — are among the soccer officials charged with racketeering and bribery offenses,” the Justice Department said.

The indictment was unsealed after Swiss police arrested six members of FIFA’s governing body. The New York Times captured the moment.

 

The lobby of the Baur au Lac, a 171-year-old five-star hotel here in downtown Zurich, was serene in the early hours of Wednesday morning.

Bundles of newspapers were tossed on the front doorstep. A cleaner wearing a black uniform buffed the marble floors. The concierge fielded a call from a guest asking whether a local pharmacy could deliver medicine.

Then, when its Swiss clocks struck 6, more than a dozen law enforcement officers in street clothes entered without a fuss through a revolving door at the front of the hotel. They headed straight to the front desk, where they presented government documents and demanded the room numbers of some of the most high-profile officials in soccer, who were staying at the hotel ahead of the annual meeting of FIFA, the sport’s global governing body.

Suddenly, the venerable Baur au Lac, a way station for musicians, artists and royalty, and, the hotel says, the place where the Nobel Peace Prize was born, was transformed into something akin to a crime scene. The concierge was instructed to call one executive’s room, and one of the most significant takedowns in international sports history was under way.

“Sir,” the concierge said in English, “I’m just calling you to say that we’re going to need you to come to your door and open it for us or we’re going to have to kick it in.”

/snip/

While the arrests went seamlessly, chaos ensued at the Baur au Lac’s front desk. Just minutes after news of the operation broke, the phone began to ring incessantly. At the same time, the officers began returning to the front desk to ask for access to other parts of the hotel.

“Sir, we don’t have any information — please call later,” the concierge said to a caller before slamming the phone down.

/snip/

After all the arrests were complete, a hulking man in a suit arrived at the front desk. He asked if anyone knew the whereabouts of one of the FIFA executives.

“His wife doesn’t know what to do or where he is,” the man said.

By 9 a.m., the hotel, which had hosted a wedding the night before, was blanketed by private security guards. Outside, reporters gathered and set up cameras for live television shots. Inside, the wives and girlfriends of the men who had been arrested sat together in an ornate lounge off the main foyer. The women crowded around a computer and watched an Internet stream of Walter de Gregorio, FIFA’s chief spokesman, as he addressed a news conference at the governing body’s headquarters just a few miles down the road.

As de Gregorio spoke about how, in his opinion, this was actually “a good day” for FIFA — because ridding the organization of corruption is a priority — the women leaned closer. One of them began to cry.

And now for my contribution. The basis for federal jurisdiction is the defendants allegedly conducted meetings in the United States, used US banks to wire money around, used the US postal service to communicate with each other as well as email and used phones to discuss their dirty business.

They obviously did not see this coming.

Conspicuously left out of the indictment is Sepp Blatter, President of FIFA. His freedom may be short-lived, however, as he has been the subject of much speculation that he ran the pay-to-play scheme.

With defendants expected to fall like dominoes for cooperation agreements to testify against others, both known and unknown to the grand jury, he may find that he has something to cry about.

Oh, and one more thing. His recent announcement that he would not revisit the decisions to award the World Cup to Russia in 2018 and Qatar in 2022. may end up being, how can I say this diplomatically, ah yes, revisited.

Oh, and another question: Are the NFL owners, NBA owners and NCAA reaching for the Rolaids and calling their lawyers?

Will the NSA and or FBI be listening?

Seven officials arrested today:

1. Rafael Esquivel

2. Nicolas Leoz

3. Jeffrey Webb

4. Jack Warner

5. Eduardo Li

6. Eugenio Figueredo

7. Jose Maria Marin

FYI: John Oliver roasted Sepp Blatter on his HBO comedy show Last Week Tonight. Here’s most of it:

 

 

 

With Deadline in Sight, Senate Scrambles on Patriot Act

Sen. Dianne Feinstein pushes new legislation that would criminalize whistleblower activity on national security

By Nadia Prupis

As public outcry against government spying reaches a fever pitch, the U.S. Senate is scrambling to address the USA Patriot Act, key sections of which are currently speeding toward expiration.

President Barack Obama on Tuesday warned the Senate—which is on a weeklong Memorial Day recess—to pass legislation that would renew those provisions, such as Section 215, which are scheduled to sunset on June 1.

“The problem we have now is that those authorities run out at midnight on Sunday,” Obama said. “So I strongly urge the Senate to work through this recess and make sure that they identify a way to get this done.”

The Senate on Friday rejected the legislation, known as the USA Freedom Act, which would have ended the National Security Agency’s (NSA) authority to collect domestic phone records in bulk, but would have renewed Section 215 and other controversial provisions of the Patriot Act which are set to expire next week. The U.S. House passed the USA Freedom Act on May 14.

On Senate Majority Leader Mitch McConnell’s watch, lawmakers are set to reconvene on Sunday, May 31 to vote again on the USA Freedom Act, as well as on another deal proposed—and rejected—last week that would have temporarily extended the Patriot Act.

The Senate will also consider legislation introduced by Sen. Dianne Feinstein (D-Calif.), which would prohibit “unauthorized disclosures” by an “officer, employee, contractor, or consultant of the United States” or any “recipient of an order” issued under the Foreign Intelligence Surveillance Act (FISA), who “knowingly comes into possession of classified information or documents or materials containing classified information” of the U.S.

As Kevin Gosztola writes at Firedoglake, Feinstein’s bill—modeled after the Espionage Act—”would not only save spying powers but also codify into law a provision that would expressly enable the government to criminalize any national security whistleblower who may choose to follow the footsteps of NSA whistleblower Edward Snowden.”

Observers say that the chances are slim that the Senate will embrace any of those bills after overwhelmingly rejecting two of them so recently—and that’s just what privacy advocates are hoping for.

The USA Freedom Act has gotten a lukewarm reception by digital rights organizations like Fight for the Future and the Electronic Frontier Foundation over what they say are insufficient reforms of the NSA’s spying powers.

Fight for the Future called the Senate’s rejection of the bill on Friday a “historic tactical win against surveillance.”

“Sunsetting the Patriot Act is the biggest win for ending mass surveillance programs,” Tiffiniy Cheng, co-founder of Fight for the Future, a coalition of civil liberties and privacy rights organizations, said at the time. “We are seeing history in the making and it was because the public stood up for our rights to freedom of expression and freedom of association—and there’s no turning back now.”

The Electronic Frontier Foundation explained the setup succinctly last week, with senior staff attorney Lee Tien writing in a blog post that the gridlock is “good news: if the Senate stalemate continues, the mass surveillance of everyone’s phone records will simply expire on June 1.”

“We commend every Senator who voted against reauthorizing the unconstitutional surveillance of millions of law-abiding Americans,” Tien wrote.

Congress should again reject renewing Section 215 on Sunday and instead “turn to addressing other surveillance abuses by the US government, including mass surveillance of the Internet, the secretive and one-sided FISA Court, and the problems of secrecy and over-classification that have created the environment that allowed such spying overreach to flourish,” he continued.

As ACLU legislative counsel Michelle Richardson wrote in an op-ed last Friday, “The question before Congress and the American people now is whether that provision should be renewed. The answer is a clear and resounding no.

“Voting for reauthorization of Section 215 now would not just be a missed opportunity for a serious debate about the role of government surveillance in our democracy; it would be an endorsement of the unconstitutional surveillance programs we already know exist, and a tacit endorsement of those we’re still in the dark about.”

———————-

This work is licensed under a Creative Commons Attribution-Share Alike 3.0 License

Mary Landrieu Bows To The Inevitable, Becomes DC Lobbyist

LANDPRESS
Former US Senator Mary Landrieu, who spent a long and undistinguished political career shilling for the energy industry, has joined DC lobbying firm Van Ness Feldman and will focus on serving the firm’s energy clients. Though Landrieu is banned from lobbying her former colleagues in Congress until 2017, she is free to lobby the executive branch and tell her paymasters the best way to work the Senate for maximum profit.

Though politicians becoming lobbyists has become commonplace, Landrieu’s move to Van Ness is particularly odious given her conduct in the Senate – something Landrieu actually celebrated in a press release announcing her sell-out move saying “I am proud to join Van Ness Feldman. I have always respected the firm and worked closely with them during my 18 years in the Senate.”

In exchange for then-Senator Landrieu “working closely” with them, Van Ness gave Landrieu a good deal of money:

In the 2014 election cycle, Van Ness gave more money to Landrieu in both total donations ($14,350) and from its PAC ($7,500) than to any other member of Congress; the former senator, who lost her seat in a December runoff, collected about 17 percent of the $129,800 the firm’s PAC and employees gave out…

In 2013, the firm also represented TransCanada Corp, the company in charge of building the controversial Keystone XL Pipeline if it gets final approval. Landrieu supported the construction of the pipeline while in the Senate, and even brought her Republican opponent’s (then-Rep. Bill Cassidy) bill to the Senate floor in what was viewed as a last ditch effort to potentially prevent her defeat (though the proposed route doesn’t run through Louisiana).

But to be fair, Landrieu shilled for numerous donors in the energy industry while serving in public office including Exxon Mobil, NextEra Energy, Chevron Corp and ConocoPhillips. Landrieu was an equal opportunity miscreant, she took money from the high and higher alike.

Then again, might there be a larger point worth pondering when one looks at the crooked trajectory of Mary Landrieu? Perhaps this is an opportune time to consider whether or not having career politicians necessitates a corrupt revolving door between industry and government. After all, what marketable skills does former Senator Landrieu have besides selling out the public interest?

Image via US Senate under public domain.

The Roundup for May 26th, 2015

Still waiting on those grades…

International Politics

Overall

– Lawrence Wilkerson, former chief of staff for Colin Powell, joins The Real News to discuss the dangers of Syria ending up like Afghanistan, essentially no stable government

– Juan Cole: “What’s Wrong With Robert Kaplan’s Nostalgia for Empire

– The U.S. admits it blocked a treaty restricting proliferation of arms to protect Israel and its nuclear arsenal

– President Barack Obama: We must view how effectively we are using our assets against the Islamic State

Middle East

– An Israeli Defense Force soldier who criticized the occupation of Palestinian will be imprisoned by Israel

– A French official warned Syria and Iraq would be divided should anti-ISIL forces fail to be supported

– Iraqi forces, meanwhile, launched a new offensive to retake land under ISIS control (more…)

Over Easy: Bernie Sanders Launches Presidential Campaign in Burlington

On Tuesday, Senator Bernie Sanders (I-VT) kicked off his 2016 bid for US President with a speech in his home town of Burlington, Vermont, noting that “enough is enough” and heralding the event as the beginning of a “political revolution.”

Vox has a transcript of the speech. His beginning remarks include:

Today, here in our small state — a state that has led the nation in so many ways — I am proud to announce my candidacy for president of the United States of America.

Today, with your support and the support of millions of people throughout this country, we begin a political revolution to transform our country economically, politically, socially and environmentally.

Today, we stand here and say loudly and clearly that; “Enough is enough. This great nation and its government belong to all of the people, and not to a handful of billionaires, their Super-PACs and their lobbyists.”

Brothers and sisters: Now is not the time for thinking small. Now is not the time for the same old — same old establishment politics and stale inside-the-beltway ideas.

Senator Sanders highlighted the following issues:

-Income and Wealth Inequality

In America we now have more income and wealth inequality than any other major country on earth, and the gap between the very rich and everyone is wider than at any time since the 1920s.

-Economics and the Disappearance of the Middle Class

But it is not just income and wealth inequality. It is the tragic reality that for the last 40 years the great middle class of our country —once the envy of the world — has been disappearing.

-Citizens United

American democracy is not about billionaires being able to buy candidates and elections. It is not about the Koch brothers, Sheldon Adelson and other incredibly wealthy individuals spending billions of dollars to elect candidates who will make the rich richer and everyone else poorer. According to media reports the Koch brothers alone, one family, will spend more money in this election cycle than either the Democratic or Republican parties. This is not democracy.

-Climate Change

The debate is over. The scientific community has spoken in a virtually unanimous voice. Climate change is real. It is caused by human activity and it is already causing devastating problems in the United States and around the world.

-Jobs, Jobs, Jobs

If we are truly serious about reversing the decline of the middle class we need a major federal jobs program which puts millions of Americans back to work at decent paying jobs.

-Raising Wages

Let us be honest and acknowledge that millions of Americans are now working for totally inadequate wages. The current federal minimum wage of $7.25 an hour is a starvation wage and must be raised.

Senator Sanders also spoke on the following issues:

-Addressing Wealth and Income Inequality


-Reforming Wall Street

-Campaign Finance Reform

-Health Care for All

-College for All

-Protecting Our Most Vulnerable

In addition, he has a campaign website (“not paid for by billionaires”): https://berniesanders.com. For folks who happen to be at the website, but on the wrong page- or for folks who have gone looking for the hidden page at the website- there is a “404 Page Not Found” redirect. To see the message, go to https://berniesanders.com/wtf.

Bernie Sanders Has the Most Glorious 404 Error Page Ever

Read Bernie Sanders Full Text Presidential Campaign Speech
(more…)