No Second Chances
Posted: May 14, 2015 Filed under: Uncategorized | Tags: Capital Punishment, Death Penalty, Human Rights 2 CommentsThe use of capital punishment, or the death penalty as many commonly refer to it, has been in the news over the last few weeks. Much of the discussion revolves around the punishment phase of the trial of Dzhokhar Tsarnaev, better known as the Boston Marathon Bomber. The guilty verdict delivered last month leaves the jurors with a choice between life in prison without parole or the death penalty. Several families of the victims have argued that he should get life without parole rather than the death penalty. The judgement may be announced any day.
While the Tsarnaev trial has captured the majority of the headlines concerning the death penalty, another court case could have a larger impact on capital punishment in the United States. On 29 April this year, the Supreme Court heard arguments on Glossip v Gross which has to do with whether certain drugs, specifically in this case the use of midazolam as part of a drug “cocktail” in lethal injections, constitutes cruel and unusual punishment contrary to the Eighth Amendment of our Constitution. While I am not an attorney, stick with me for a minute while I try to explain why this is an important case.
In previous cases, the Supreme Court allowed the use of a drug cocktail in administering capital punishment via lethal injection. However, a few years ago many drug companies began to refuse to sell the drugs for use in capital punishment in the United States. As the supplies dwindled, states began to use other combinations of drugs which resulted in botched executions in Ohio, Arizona and Oklahoma where the prisoners died agonizing deaths, sometimes taking up to two hours to die. It is a botched execution in Oklahoma that led to the Supreme Court case. The previous, and Supreme Court approved, cocktail used in lethal injections included a barbiturate that sedated the prisoner while two other drugs paralyzed them and caused the heart to stop. The current cocktail apparently is ineffective in sedating the prisoner and thus the pain induced by the other drugs is acutely felt. Court watchers believe that the nine justices are split on the issue and that Justice Kennedy will be the swing vote in what is likely to be a 5-4 decision.
To me, there is a much bigger question, and that is whether or not the United States (for federal cases) or the individual states should carry the death penalty on their statutes. 18 states and the District of Columbia have no death penalty. Two of those, New Mexico and Connecticut, have abolished the death penalty but did not make it retroactive to those already on death row. Michigan was the first state to do away with it in 1846. (There are two types of non-death penalty policies. Abolitionist is as it says — no death penalty for any crime. Retentionist is keeping the death penalty for certain crimes, but as a matter of policy it is not used, but the policy could be changed in the future.) The United States is one of the few nations — especially in the western world — that still carries out capital punishment. For example, Article 2 of the European Union charter prohibits it.
There was a period in the United States where capital punishment was ruled unconstitutional. In the Supreme Court ruling in Furman v Georgia (1972) the death penalty was considered cruel and unusual because as it was then applied, the use of the death penalty was not consistent and was “wantonly and freakishly” applied. The states quickly rewrote their laws regarding capital punishment and in Gregg v Georgia (1976) the new laws were deemed constitutional because they used objective criteria with limited discretion in their application and they were all automatically subject to appellate review. Additionally, the laws allowed for taking into account the record and character of the accused. Subsequent rulings have disallowed the death penalty in cases involving individuals with an intellectual disability or that are under 18 years of age at the time of the crime.
So, what impact will Glossip v Gross have? Hard to say, of course, until a decision one way or another is handed down. From their comments, Justices Alito and Scalia believe that abolitionists are waging a “guerrilla war” against the use of the death penalty by making the drugs unavailable. Justices Sotomayor and Kagan from their comments seem to believe that the death penalty itself, not just the method used, is unconstitutional. In June we should hear the result and whether the court rules on the use of the death penalty in general, or rules only in a narrow sense about the constitutionality of the current lethal injection protocol.
In anticipation of a Supreme Court ruling that the new methods of lethal injection are cruel and unusual, several state legislatures have begun altering their methods of execution. In all 34 states that still have a death penalty (and the feds), lethal injection is the preferred method — indeed in some states it is the only method allowed by law. That is changing. Some examples include Oklahoma and Wyoming where nitrogen gas will be used, Tennessee will use the electric chair, and Utah will use a firing squad. Other states are considering laws where the drugs used for lethal injections will be a “state secret” that will not be revealed to the public (thus, I suppose, hoping that if people don’t know about it they won’t protest).
What is troubling to me is that these debates center only on what method of execution should be used rather than whether we should still be executing prisoners. If the debate is only about the method of execution, then they should all bring back the guillotine. Fast, painless, and permanent. Indeed, the term capital punishment comes from the Latin “capitalis” or “regarding the head” by which the ancient Romans meant beheading. The French introduced the guillotine to be more “humane.” What is there left to debate?
One thing is for sure, capital punishment is irreversible. Once you are dead, you are going to stay dead. This is particularly troubling to me when we increasingly see people being released from prison, and many from death row, that are found to be innocent of the accused crime. The instances of this happening have increased dramatically with improvements in forensic science and especially with the use of DNA evidence. Too many cases rely on the testimony of a witness that later recants their testimony, reveals that they were induced to testify or made it up to protect someone else. Others have been released because the methods used in a crime lab (such as the recent revelations about the FBI) were not as thorough or scientific as once believed. Thirty years in prison is a long time for a crime not committed. To be sent to eternity is a really long time for a crime not committed. “Sorry” or “oops” is not acceptable.
That is not to say that we coddle criminals. I avow that life in prison without parole is the right sentence for heinous crimes. That person will never walk the streets again. Indeed, the families of several of Tsarnaev’s victims have asked for him to be sentenced to life without parole rather than killed.
There are other cogent arguments against the death penalty, in addition to the chance of making a deadly mistake. In the Tsarnaev case for instance, there is no doubt he perpetrated the crime. He admits it. That does not necessarily make the use of capital punishment the right one for him. In other situations, however, the legal argument for irrefutable evidence is, as we know, flawed as shown in so many recent cases.
There is also a moral argument — specifically that our government should not be in the business of executing its citizens. It isn’t who we are as a nation. Arguably, it is the grossest of violations of the human rights of citizens when a government kills its people.
There is no deterrent value in having a death penalty. No reputable study shows any correlation between having a death penalty and the frequency of capital crimes. Indeed, in recent years the anecdotal evidence is that as the use of capital punishment declined, so has the number of murders.
There are religious arguments against the death penalty. Capital punishment is contrary to the teachings of many faiths around the world. This is especially true if capital punishment is used as vengeance or retribution.
There are no reasonable financial arguments for capital punishment as opposed to life without parole. As explained by the Death Penalty Information Center (www.deathpenaltyinfo.org), many states and independent groups have done studies comparing the cost of the two, and in every case the costs associated with capital punishment exceed those for life in prison. Using Maryland as an example (which has now abolished the death penalty), the study looked at cases from 1978 to 1992 and found that the cost for the legal process for imposing capital punishment was $3 million to $1.1 million for life without parole.
To be fair, it is easier for me to say what should or should not happen in capital cases because I have been fortunate enough to never have a family member or friend fall victim to such a crime. Everything is easier in the abstract. However, I also note that increasing numbers of victims’ families — not just in the Tsarnaev case — are asking for life without parole rather than the death penalty.
To me, there is no argument. We should do away with capital punishment. In truth I do not think that will happen in the current case before the Supreme Court. Perhaps it will at least spur more people to think more about whether we should continue to impose capital punishment and less about whether one way or another is “better” or “cruel and unusual.” If we as a society get it wrong, there is no second chance to get it right.
Income Equality
Posted: February 25, 2014 Filed under: Uncategorized | Tags: Human Rights, Income Equality, Income Inequality, Politics, United States 2 CommentsRecently, a lot has been written about income equality, or the lack of it, in the United States and around the world. Although a topic of discussion for sometime, the debate was renewed in late January with the release of a report by the charitable organization Oxfam. The report states that the 85 richest people in the world own the same amount of wealth as the 3.5 billion (with a “B”) poorest people in the world. It got a lot of people’s attention.
There was also a lot of push back from those that argue that one cannot help the poor by making the rich poorer. True enough. Despite the political rhetoric in this country that government, in particular Democrats and President Obama, are trying to take away from the rich and give to the poor (or in some circles, to give to the lazy bums that don’t want to work for their own benefit), I do not see it that way. To me, to use the over-used cliché, they are really looking at ways to level the playing field, or more accurately, to provide the opportunity for people to provide for themselves and for their families.
I recognize that although we are all equal in the eyes of the Creator, we are not all equal in our abilities and talents. The market place, like it or not, is going to favor some individuals and occupations more than others. Intelligence, athletic ability, entrepreneurial spirit, willingness to take risks, and on and on are rewarded when success occurs. As it should be. There is a possible moral argument that a football player making millions for playing a game should not be rewarded more generously than a brilliant teacher that impacts the lives of countless children, but that ignores the marketplace and the fact that the business of football is worth billions of dollars and the “workers” (players) should get a big payday for providing the product. This is a totally different discussion — whether football should be such a lucrative undertaking — and that is not why I am writing today. It merely shows that effort or impact are not the only quantifiers for compensation.
What caught my eye in the report, and has been widely reported in other forums and in other contexts, is that the income gap is growing at a rapid rate. The super rich are getting richer at a rate not seen since before World War I (think “Downton Abbey”) and the gap continues to grow. One can argue that certain risk takers and specialists deserve to have much higher incomes due to their rare talents, but to me, that does not explain why those individuals are increasing their wealth at a rate well above anything that would explain why it is so. The difference in disparity grew by nearly 100 billion dollars from 2012 to 2013. Doing a rough back of the envelope math, I cannot be convinced that those 85 people were so much better in 2013 that they earned over a billion dollars more per person because of their talent.
The percentage of income held by the richest 1% in the U.S. has grown nearly 150% from 1980 through 2012. That small elite has received 95% of wealth created since 2009, after the financial crisis, while the bottom 90% of Americans have become poorer, according to the Oxfam report. The report covers the world, not just the United States, but once again the US is “number one.” In other words, as the report explains, following the Great Recession, the top 1% regained 95% of the post-crisis growth in the United States.
There are groups that dispute the Oxfam report, such as the American Enterprise Institute, a conservative Washington think tank. They argue that the Oxfam report is focused on the wrong issues and that in fact, a case can be made that poverty has decreased over time. To me that misses the real point of the Oxfam report and of those in other sources and in political discussions.
The real point, with political ramifications, is that there are a large number of people in the United States (and around the world) that believe that the deck is stacked against them — they feel they just can’t “catch a break”. I have posted pieces before that convey my belief that there is some portion of our society, of every society, that no matter what you do for them, they just are not going to be productive members of that society. They just are not. In my view those are the people that much of the conservative political rhetoric is aimed at, but I believe that they are a small percentage of those that find themselves suffering hard times. The rest just need to “catch a break” and they willingly and proudly get themselves up and going. I am not arguing that we leave the non-productive members of society to fend for themselves, we need to try to help them, I’m just saying that if they never get the big picture, taking care of them is just the cost of doing business in order to get the large majority of people moving again.
So nobody, at least nobody that I take credibly, is arguing that there should be no rich, that in this country we should take from the rich and give to the poor “just because”. What I am asking is why is the disparity covered in the report growing? I am asking that if American productivity is at an all time high why is the working wage stagnant, or by some accounts falling relative to the historical norm, while the compensation for the CEOs of those companies is growing at an accelerated rate? I am asking that if these trends continue, what does it mean for the future of our country? What does it mean in terms of political influence, education, quality of life and the things that we hold dear in our country? Ask yourself this question as debate over whether to raise the minimum wage continues (the current minimum wage already lost value since it was last raised as it is not pegged to inflation), why has the average CEO compensation versus average worker compensation gone from 20-1 in 1965 to 273-1 in 2013?
In the end, my bottom line continues to be why is it, given the amount of wealth in this country, that citizens of the greatest country in the world have children that go to bed hungry? Why is it that in the country with the greatest medical capabilities in the world, in the greatest country in the world, that access to health care and its affordability remain an issue? Whatever one’s political persuasion it seems to me that we should be able to agree that no one in this great nation should go to bed hungry or die of a curable disease just because they can’t afford it.
Checking In On Syria
Posted: February 21, 2014 Filed under: Uncategorized | Tags: Bashar Al-Assad, Genocide, Human Rights, Refugees, Russia, Syria, US National Security Leave a commentWhen I was working in the Pentagon as the Chief of Staff to a high-ranking political appointee in the Clinton Administration, I was exposed to a lot of decisions that had a lasting impact on real people’s lives. I came to understand that despite what some may opine, those officials do understand the importance of their decisions and do not take them lightly. As the change-over from the Clinton administration to the Bush administration occurred, I asked my boss what his biggest regret might be. Without hesitation, he said “Rwanda.” I have heard similar regrets expressed about Rwanda privately and in public interviews from other Clinton era officials and from the president.
As you may remember, in the spring and early summer of 1994 an estimated 700,000 Rwandans were murdered (some estimates place the number of Rwandans killed as over a million). In simple terms it was a genocidal slaughter of members of the Tutsi tribe (the minority tribe in Rwanda) by the majority Hutu tribe which also controlled the government and the majority of military and police forces. Ordinary Hutu civilians were recruited to help with the slaughter and often neighbors turned on neighbors. It was horrific. Unfortunately, this is not so uncommon in the history of mankind around the world. What made this the one international incident that the officials involved wish they could do over again was the fact that the international community did nothing to stop the killing. After all, it was an unimportant African nation that had no impact on US national interests and it was “a local conflict.”
In my view our current administration will look back on Syria and have the same regrets that those in our government in 1994 have about Rwanda. By most credible reports, over 100,000 Syrian civilians have been systematically killed and an estimated 2 million more have fled their country as refugees to neighboring Turkey, Lebanon, Iraq and Jordan. Those countries are struggling with the economic and security implications of such a massive influx of people. This is a major crisis after nearly three years of civil war. Syrian President Bashar al-Assad is systematically killing off those civilians still in contested cities and areas of the country through starvation and the calculated use of indiscriminate “barrel bombs” (essentially 55 gallon drums filled with explosives, gasoline and shrapnel pushed out the back of helicopters and that can level homes and make buildings uninhabitable — a very inexpensive but very efficient way of instilling fear and killing people.)
Bashar is supported by the Russians, Iranians and Hezbollah and there is very little will in the rest of the world to put an end to the civil war. Meanwhile the killing continues unabated.
After two ground wars in the Muslim world, there is very little to no interest for the United States to get involved militarily. We proved our disinterest last fall when Bashar used chemical weapons against his own citizens. If the United States is not interested, then much of the rest of the world is also going to stand-off rather than get involved. There have been some efforts, funneled primarily through Saudi and Qatari sources, to get small arms and some humanitarian relief to the forces opposing Bashar and the trapped civilians, respectively.
Oh, and let’s not forget last September’s negotiated settlement to remove chemical weapons from Syria in lieu of bombing that country. After a surprisingly effective start, very little of the chemical stockpile has been removed or destroyed and the disarmament is well behind schedule. At the same time, Bashar has discovered that he does not need chemical weapons to kill thousands of his countrymen — starvation and barrel bombs work just fine without incurring the wrath (in the form of military strikes) of the rest of the world.
To me, this is not merely a civil war (“a local conflict”) that has no impact on US national interests. In addition to the humanitarian aspects of the crisis — which is an important principle of American international relations — there are important economic and security issues at stake. The major influx of refugees is having a destabilizing impact on the adjacent nations, especially Lebanon (already in a very precarious state) and Jordan (a long time source of stability in the area and a friend of the United States). As in Iraq and Afghanistan, future terrorists are getting on-the-job-training in the heat of combat. Areas of several nations are not under government control and as we found in Afghanistan, this leads to what amounts to safe havens for ne’er-do-well types that have very bad intentions towards the United States. Additionally, it leaves Israel in a precarious position as other bad actors have a base to threaten their security. The list goes on, but the point is that the fallout from Syria’s civil war could have a profound long-term impact on important American national security interests. Yet, we are doing very little to end it. Recent talks in Geneva between the Syrian government and opposition leaders sponsored by the United States and other western nations went nowhere. Worse than nowhere because now the participants see no reason to negotiate — if ever negotiations were actually possible.
So the question is what should the United States do about this situation? To use a long-standing diplomatic phrase, “I don’t know.” The majority of Americans and the Congress clearly demonstrated last fall that they have no desire to get involved militarily. At. All. (There may be some point in the future where we may find that we have no choice but to get involved due to the course of events.) For now, no way, no how, is there the will to get the United States military involved — even to stop the helicopters from dropping the barrel bombs through a no-fly zone, as was used successfully in other conflicts such as Bosnia, Iraq, and Libya.
I have no magic wand to get our government or the international community involved to stop the systematic elimination of thousands of lives. Ideas that have been put forward include giving the opposition forces more money, food and much better and more powerful weapons than they’ve been supplied thus far. Although used in fits and starts, this course of action has been slow and sporadic because not all of the groups opposing Bashar are friendly to the United States and several of those groups are openly hostile to the west. Some are militant fundamentalist Islamist groups. Since we are concerned about where the money and weapons may end up, too little is flowing from the west to the resistance . However, many reports indicate that the best equipped and most wealthy (relatively speaking) fighters are the Islamist groups. They are getting what they need and as a result, fighters not normally inclined to join those groups do so in order to be more effective. The US and Europe identified opposition leaders and groups that are at least friendly towards the United States. We should do all that we can to supply them with the equipment and money required to exceed that of the Islamist forces and thereby give them the most effective fighters and the most influential political leadership. We need to take the chance that 100% of it will not stay out of the hands of those we do not want to get it.
To understand why I think we should take that chance it is important to remember that Syria — with a population that practices Islam — is not an Islamist state. Before the civil war it was a modern secular nation with knowledgeable technocrats able to keep a modern society going. Most Syrians, while practicing Muslims, do not want a fundamentalist Islamic state. While opposing Bashar, alliances will form that may be uncomfortable for us. In the end, it is possible, even probable, that the majority of the properly equipped and funded new leadership and their followers will continue to want Syria to be the secular state it has been since independence from France following World War II.
They may never be our “friend,” but now is the chance to influence future leaders and future events. With no participation we have no chance of influencing anything.
Efforts to aid civilians trapped in cities and areas of conflict are more difficult. A strong United Nations effort could break this log jam, especially if the United States and the European Union put a full effort into creating the means to do so. Some small progress was made earlier this year when the UN did get into a few areas to evacuate civilians. During the evacuation several of the groups came under hostile fire and the effort was suspended indefinitely. The dilemma is to find a way to provide for the security of UN missions to aid the civilian population without creating the need for a large military force to protect them. Of course, most UN efforts to get involved in Syria have been thwarted by Russia, a permanent member of the Security Council with veto power over any resolution that they deem to be a threat to their interests in the area and specifically anything that limits Bashar’s regime in Syria.
There are a lot of smart people in this country and in this world — a lot smarter than me. Many of them also have an impact on government decisions and are privy to intelligence and covert efforts that may be ongoing that I do not know anything about. I hope so, and I hope that the efforts are effective, but I see no evidence of it to date.
I do know this. Syria was not a backward country with a bunch of nomads living in tents in the desert. It was a modern nation with modern citizens most of whom were educated and aware. It is now a killing field. Without effective action, Syria will be this decade’s Rwandan humanitarian disaster and it will be a continuing threat to our long-term national security interests.
Looking For The Greater Good
Posted: August 19, 2013 Filed under: Uncategorized | Tags: 2014 Winter Olympics, Anti-gay Laws, Boycott, Human Rights, Russia, Sochi Leave a commentI really enjoy sports. Every four years, or more accurately since 1994 every two years, I enjoy the Olympics. Although the Summer Olympics are my favorite, there are many winter sports for which I have a high level of interest in the competition and I marvel at the determination of the athletes to press on through demanding conditions and tough competition. I just have to watch.
The next Winter Olympic games will begin on 6 February 2014 in Sochi, Russia, a city of approximately 400,000 people on the Black Sea. From the original announcement of the city’s selection as the host, controversy has surrounded the decision to have the games at that location. In the beginning, there was significant skepticism that the appropriate infrastructure could be built to support the needs of the athletes, fans, media and countless others descending on the city for the games. Of course, there was also a small matter of sufficiently winter-like conditions necessary to hold outdoor competitions such as the skiing and sliding events. To many people’s satisfaction, these obstacles seem to have been overcome, although no one will know for certain until the games actually begin.
Recently, the Sochi Games have become the focus of political protest with significant pressure for the United States (and other countries) to boycott the 2014 Winter Olympics.
Some of the calls for boycotting these games in Russia come from concerns about the lack of Russian willingness to cooperate with the United States in curtailing the fighting in Syria (Russia is a main supplier of arms to the regime of Bashar-al-Assad), Iran (no help from Russia in curtailing their nuclear ambitions) and other trouble spots around the world. More recently, President Putin’s decision to allow Edward Snowden, the individual that secretly stole highly classified information from the National Security Agency (NSA), to stay in Russia was clearly done to embarrass the United States. However, the most pressure for a boycott is the result of a June 2013 law passed by the Russian Parliament and signed into law by Putin that makes it illegal to “promote” homosexuality to minors (whatever that means, and that’s part of the problem as it is not at all clear how the Russian authorities will enforce that law). The Russians have provided mixed signals as to what the new law could mean to non-Russians traveling to/from/and in Sochi and the possible arrest or deportation of those expressing disagreement with the Russian law. Understanding that the Olympics are non-political, the reality is that the games are often used to gain attention for a cause or to protest injustice — usually in subtle ways, but it still occurs.
Unfortunately, the anti-gay law is not a hold-over from the litany of restrictive legislation passed under the Soviet regimes. It was just passed and approved this summer. It does, however, reflect a long-standing Russian bias against gays and lesbians and a general lack of concern by the government over human rights in that country. Even a cursory review of events in Russia over the last few years reveals a troubling pattern of abuse of its own citizens in a variety of ways.
Which brings us back around to calls for a boycott of the 2014 Winter Olympics to protest Russian human rights abuses and specifically, their strident anti-gay laws.
To this writer, a boycott would be wrong. The United States, and other western nations under pressure to boycott the games, should participate to the fullest. Many commentators have likened the current situation to the 1980 boycott of the Summer Olympics in Moscow by the United States and a few other countries. That protest was in response to the Soviet Union’s invasion of Afghanistan. The boycott did not change anything other than to crush the hopes and dreams of the US Olympians that had trained for years for this one opportunity and did not get to compete.
Am I saying that sports are more important than human rights, national security or other serious problems in the world? No. I just think that more can be accomplished by participating and sharing our way of life and respect for every individual than can be accomplished by staying home.
Other controversial venues for the Olympics were Beijing in 2008 and Berlin in 1936. It was hoped that the need for Chinese authorities to clean up their own act regarding human rights in China while the world beat a path to their door would have a lasting impact. The 1936 Olympics demonstrated the myth of the Aryan race as a master race embodied by the Nazi Party. Most famously, Jesse Owens showed that Hitler’s propaganda was false.
There is a larger question that is continually debated in our national security circles as it regards various states around the world. Is it better to isolate a nation or to engage it in order to change or shape their policies and actions? While no single answer ever solved a foreign policy challenge, in general, engagement is superior to isolation. I think that as the old saying goes, “it’s hard to keep them down on the farm once they’ve seen the lights of the big city.” Exposure to our way of life, values and the benefits that accrue from them is the best way to combat human rights abuses. This is especially true where everyday American youth — our athletes — can interact with their counterparts and not incidentally circumvent the propaganda machines and an inhibited Russian press.
Whether we go to the Olympics or not, there may be no short or medium term change in Russian policy or the outlook of the Russian people on homosexuality. But it is still worth the effort. This past Sunday the 2013 World Championship in Track and Field was completed in Moscow. During that competition there were several subtle, but unmistakable, protests of the Russian stance on homosexuality. People got the message.
I agree with the many people who support our participating ranging from President Obama to former Olympic champion Greg Louganis. The greater good will be served through our athletes’ presence in Sochi. The best way to debunk the myths and stereotypes is to demonstrate how false such beliefs actually are — and that can only be done in person and through our actions.
Go to the 2014 Winter Olympics.

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