Thursday, July 18, 2013

One year ago, Obama said he was going to look at Clarence Aaron's petition for commutation of sentence

One year ago, President Obama, responding to front page stories in The Washington Post by Dafna Linzer, said he would review the petition for commutation of sentence from Clarence Aaron. This was the petition that President George W. Bush's White House counsel was interested in granting, except that the Pardon Attorney misrepresented what was told to him by the federal judge and the U.S. Attorney.

The Pardon Attorney was subsequently condemned by the Inspector General of the U.S. Department of Justice, but still has the job!

So far, crickets! In the Obama Administration the wheels of justice grind slooooowly.

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Global reduction in crime: The Economist magazine

The cover story in the latest issue of The Economist magazine reports on the global trend of dramatically reduced crime in the developed world.

Aging populations is one factor. Significantly improved policing, relying upon the analysis of data, and the proliferation of security cameras and devices have dramatically increased the likelihood that offenders will be caught. The best tool for deterring crime is to create the belief among potential offenders that they are likely to be caught quickly. A lot of the theoretical and practical application of this work has been explored by David Kennedy at John Jay College of Criminal Justice in his books, Deterrence and Crime Prevention, and Don't Shoot, and Mark A.R. Kleiman, a very prominent scholar of drug policy, in his book, When Brute Force Fails.

What is least important in the decrease in crime are the increases in prison population, especially those increases due to massive long sentences adopted in the 1980s by the U.S. Congress and many state legislatures.

In the case of Congress, these sentences -- often mandatory minimums -- were enacted in 1986 after it created the U.S. Sentencing Commission, but before the Commission could develop the politics-free sentences that was a primary reason for the commission's creation. Congress had no evidence that long sentences might be effective -- they filled the need for sounding tough in partisan political fights over crime which was a high stakes conflict between Republicans and Democrats in key election years.

Now, at last there is bipartisan legislation that has a chance to help judges escape the mandatory minimums, the Justice Safety Valve Act, S. 619, introduced by Senators Rand Paul (R-TN) and Patrick Leahy (D-VT).

There are other hopeful developments elsewhere, too. In the House of Representatives, a bipartisan task force of the Judiciary Committee is now exploring the problems of over-criminalization and over-punishment. And in a recent letter to the U.S. Sentencing Commission, the U.S. Justice Department finally concedes that sentencing reform is warranted.

Of course many states started pulling back from the orgy of imprisonment. In New York, the prison population has been cut by one-quarter since 1990 and crime has fallen to the levels of the 1950s and 1960s!

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Tuesday, July 16, 2013

Partnership for a Drug Free America surrenders war on drugs

Thanks to Tom Angell at Marijuana Majority, we know about a news release from the Partnership for a Drug Free America (now the Partnership at drugfree.org) concedes that marijuana will be legalized and sets forth some of the minimum regulations that its says parents want.

Here is the survey drugfree.org released today.

It is clear that they understand the distinction between use and abuse, at last!

It seems that they did not have the money to do a really good survey -- the margins of error are large 4.9 percent and for Washington and Colorado, 6.9 percent.

Half of parents have used marijuana.

32 percent of mothers and 37 percent of fathers support legalization of marijuana for social use by adults.

Parents don't want uncontrolled legalization.


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Thursday, July 11, 2013

Will Verizon stop sending my communication info to NSA on July 19?

The NSA global spying scandal broke a month ago.
Today I read the four page SECRET order of the Foreign Intelligence Surveillance Court (FISC) (published by The Guardian newspaper in Britain) signed by Judge Rodger Vinson on April 25, 2013 directing Verizon to turn over to the NSA,

on an ongoing daily basis thereafter for the duration
of this Order, unless otherwise ordered by the Court, 
an electronic copy of the following tangible things: 
all call detail records or "telephony metadata" 
created by Verizon for communications 
(i) between the United States and abroad; or 
(ii) wholly within the United States, 
including local telephone calls.
The order expires on Friday, July 19, 2013 at 5:00 p.m, ET.  
My home, office, Internet, GPS and cell phone service are all provided by Verizon. The "metadata" is highly revealing!

This is one of the most chilling things I have ever read -- a current official document that authorizes my government to spy on ME right now. It authorizes spying on me, my family, and everybody that I communicate with that is taking place RIGHT NOW!


The order expires on Friday, July 19, 2013 at 5:00 p.m, ET.  

What happens then?
Is the NSA going to the FISC to get an extension of the order? Perhaps the FISC is preparing the paperwork to get such an extension right now?

Or will I, and 144,799,999 other Verizon customers in the U.S., be "free" to communicate without the NSA monitoring our calls and communications after July 19? Should I feel "free" then, or should I presume that the spying will continue, this time, again secretly.


Those who read this blog know that I frequently criticize the government, especially President Obama and Attorney General Eric Holder, in often strong terms. To what extent is the routine spying on ME also being tagged or flagged to pull information aside about my political activities or my personal activities?

What kinds of routine pursuits of my curiosity would trigger some kind of profile that would result in more of an investigation of me? What kinds of lawful activities that I engage in might trigger a more intense review of my private communications?

What if I had looked up on the Internet the location of a gun store or gun show? Or a medical marijuana dispensary? Or the address of a government office building? Or made reservations to travel to Colorado or Washington, or Mexico? Do my communication with people in other countries about drug policy, politics, the economy, the criminal cartels, etc. trigger special surveillance? What about my appearance in movies like the currently-showing "How To Make Money Selling Drugs"? Is the government tracking my movements as reported on the GPS of my Verizon smartphone? Are my orders over the Internet of books and other things from Amazon.com or movies from Netflix being tracked? Is the government tracking my viewing of articles on the Internet?


Are there Americans who already see this surveillance as perhaps the ultimate reason to disengage from the political process and the responsibilities of citizenship? Keep a low profile! "Don't fight City Hall!"

One of the key features of a totalitarian state is that the public fears the state. To challenge the state is dangerous. The defining feature in the creation of that fear is extensive surveillance of private communication and travel. That surveillance was the hallmark of Stalin's regime, Hitler's regime, the Maoist regime, and the current repressive regimes in China, Russia and other nations.

Read the secret order yourself. . . if you dare!

Another interesting feature of the order is that it provides it shall be declassified on "12 April 2038." That's 25 years from now. If this secret order had not been leaked by Edward Snowden, none of us would have known about this massive spying operation for 25 years.

What would "declassification" mean in 2038? Does it mean that 4 pages of paper would be removed from a safe in a secret government building and placed into a file folder in cardboard box somewhere in a government warehouse?

Declassification on 12 April 2038. I will be 88 years old. Would I then have the energy to protest that old invasion of my privacy? (Or would I already be in prison for being too much of a citizen, namely, an enemy of the state?)

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Wednesday, July 03, 2013

Washington State Marijuana regulations -- latest

The Washington State Liquor Control Board has published almost final regulations for implementing Initiative 501 for legal marijuana in the state. They are almost 42 pages long.

There will be public hearings on the proposed rules August 6 to 8.
On August 14, the Board will adopt the final rules.
The rules will take effect on September 16.
At that point the Board will begin, for 30 days, accepting applications to be a producer (grower), a processor, or a retailer of marijuana.
Licenses will be awarded on December 1.
It is not clear when licensees will be able to start producing and distributing marijuana. 

Comments from the public can be sent to the board:
By mail:
Rules Coordinator
Liquor Control Board
P.O. Box 43080
Olympia, WA 98504-3080
By e-mail: rules@liq.wa.gov
By fax: 360-664-9689


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