The Outsourcing Solution

Last week a nonpartisan commission released a disheartening report about the state of California prisons, arguing that decades of “tough on crime” actions by politicians have caused an intractable crisis, with an alarming lack of capacity, the worst recidivism rate in the nation, and a charged atmosphere in state lockups which cause major riots and gang activity.

If policymakers are unwilling to make bold changes, the commission said, they should appoint an independent entity – modeled after the federal Base Closure and Realignment Commission – with the power to do it for them.

“For decades, governors and lawmakers fearful of appearing soft on crime have failed to muster the political will to address the looming crisis,” the commission said.

“And now their time has run out.”

It is clearly time for bold action to relieve the prison crisis, so the Governor took some, though bold may be the only charitable thing you can ssay about it.  More like brazen:

Gov. Arnold Schwarzenegger announced Friday that his administration would forcibly shift thousands of inmates to out-of-state prisons because only a few hundred had volunteered to leave […]

Between 5,000 and 7,000 inmates will be forcibly moved, said Department of Corrections and Rehabilitation Secretary James Tilton. The first to go will be inmates scheduled for deportation after they’ve served their sentences and those who get few visitors.

The reaction to the plan broke down along party lines, with Republicans portraying the same “tough on crime” pose that got us in this mess in the first place.

Republican lawmakers welcomed Schwarzenegger’s decision, calling it overdue.

“We are out of options,” said Assemblyman Todd Spitzer (R-Orange), who chairs a committee examining prison operations. “This is prison, these are prisoners, and they don’t get to say where they’re going to do their time.”

Democratic lawmakers, advocates for inmates and the prison guards’ union attacked the transfers as illegal and irresponsible.

“I think it’s pathetic policy,” said Steve Fama, staff attorney with the Prison Law Office, which represents prisoners. “Because the elected officials don’t have the will to figure out how to solve the crisis, we instead export convicts and spread our mess across the land.”

On the flip…

Assemblyman Spitzer doesn’t seem to understand state law, because an inmate’s consent is required before moving them out of state.  This is why the Governor unleashed a charm offensive to entice prisoners to move, showing them infomercial-like videos about the great amenities and tasty food at their new home.  This persuaded a whopping 300 or so prisoners to consent to move, far less than needed.  So he just ordered a forced exile.

Now, the problem for Schwarzenegger is that he already has a contract in place with privately run prisons for them to take these inmates off the state’s hands.  So if he doesn’t fill the beds, the state is out a lot of money.  Ultimately that’s what this comes down to, in addition to a feeble attempt to shift the problem by shipping it out of state.

This shows to me that the root causes of our prison crisis are still being ignored.  If you want to really know why we’re at twice our capacity in state lockups, read this.

Defense attorneys are protesting a drug crackdown on skid row, saying petty narcotics users are increasingly being sent to prison instead of receiving treatment that could cure their addictions.

Since September, police and prosecutors have targeted drug dealing in the 5th Street corridor – an area bordered by 4th and 6th streets, Broadway and Central Avenue – which police said was a hotspot of drug crimes.

Though law enforcement officials have hailed the effort, defense lawyers say it is harming some who need help.

“They’re basically cleaning out skid row by putting people into state prison, where there really isn’t room … either,” said Deputy Public Defender Lisa Lichtenstein, who handles numerous downtown drug cases.

She said that since the fall, minor drug cases that in the past might have resulted in possession charges that could lead to treatment have been prosecuted as drug sales, which can result in prison sentences for those convicted.

In many cases, Lichtenstein said, the drug sales charges are against addicts selling a small amount to pay for their own habit. “These are very small amounts of drugs, 10 dollars’ worth, maybe $20,” she said.

So nonviolent offenders who desperately need medical treatment are being hauled off to overflowing jails in order to make downtown Los Angeles safe for loft development (even though the loft market is flatlining downtown).  They can’t fit in the jails, so the solution agreed upon is to export the problem.  This doesn’t address future needs, as 6 or 9 months down the road another batch of prisoners will need to be outsourced.  And so human beings are sold, actually literally sold to private for-profit prisons if you think about it, and the cycle which propagated this crisis goes unbroken.

I want you to read some of a letter posted at the great liberal blog Orcinus.  Sara Robinson’s brother is in a California prison as we speak, and the conditions are… well just read it.

We are on lockdown status — all of us. There was an incident in the hall outside my cell. An inmate was cut up pretty bad and nearly died out right in front of us. He was just left laying there for too long before help was summoned.

That was Wednesday. The investigation doesn’t start until Monday, and lockdown will continue until they get a name. It’s a very timely incident: COs [correction officers] get hazard pay until it is resolved. This close to the holidays, it only makes sense to put off the investigation as long as possible […]

Another scam is the library. No, I don’t get “points” [toward release or better conditions] for contributing to it — I only feed the machine. Upon checking out a book, you sign a trust release for the amount of the book. These are processed every week. When a book isn’t returned in seven days, you are charged for its full cost.

But availability to the library is only given every TWO weeks. I didn’t know this, until I was charged for two. Both books were turned in at the next available date — but too late to avoid paying for them. This way, one book will pay for itself over and over.

By the way, these books are ALL donated by inmates.

I was also charged for two T-shirts. I received them sleeveless, and was charged for destruction of state property. They’ll go back to the laundry, and be re-issued to another inmate, who will be charged for them, too — as was the person who got them before me. The shirts have cost me $15 apiece so far. They were made by inmates in Prison Industry Authority jobs.

As they say, read the whole thing.  The corrections process is broken in so very many ways, and the emphasis almost seems to be on dehumanizing prisoners, virtually ensuring their return after they get out.  Many come in on victimless crimes and come back again and again.  And they’re treated completely inhumanely, and now shipped away from their homes.

It’s not “sexy” to give a damn about prisoners; just look at that quote from Assemblyman Spitzer for proof.  But this is a serious problem that speaks to our humanity and our dignity.  What we’ve done is to practically create a second-tiered culture in California, one which is growing at a faster rate than can be managed.  The Democrats in the Legislature need to embrace the Little Hoover Commission Report, stop this forced emigration proposal, and come up with a same set of policies that rewards rehabilitation and treatment and understands the goals of incarceration, which are not to let people rot but to ensure that they pay their debt to society and move on.

The Tapes, Part Deux

UPDATE: The CA Majority Report  is now reporting that the Angelides staffers that had the tapes deny that they released them.  Mavigilio pontificates on the possibility of Arnold releasing the tapes as some sort of dirty trick.  That would be sort of weird though, as Arnold was up big when the tapes came out.  You never know though, maybe they were going for the kill.

Since the CHP (shockingly!) declared that there was no crime committed in the so called “TapeGate”, we are know getting access to the rest of the tapes. 

Sidenote: By the by, the whole “crime” thing still pisses me off.  The Governor’s team incompetently leaves material out in the open, and they go accusing Angelides of a crime.  Ridiculous.  But don’t underestimate the incompetence of the Angelides team.  It’s like they’d never done oppo research before.  They got a good bit and they go running to the Times as fast as they can.  Whatever.

Back to the tapes.  The LA Times is now getting to releasing more of the tapes.  Apparently Mr. Schwarzenegger enjoys talking about people behind their back. 

In the latest recordings, the Republican governor describes Senate President Pro Tem Don Perata (D-Oakland) as a “very sick man” and Assembly Speaker Fabian Nuñez (D-Los Angeles) as “a political operator coming from the union background” who evinces no real “passion” about issues. … Proud of his legislative achievements, Schwarzenegger plans to deliver speeches around the country this year, touting California as a model of bipartisan cooperation. But the recordings suggest that he and his most trusted aides have sometimes viewed his legislative partners with disdain.

Brilliant…simply brilliant. He’s postpartisan, but still not above calling Sen. Perata “a very sick man”.  Underneath all of this hooey about post-partisan, is a man who is growing ever more isolated.  Heck he can’t even get anybody to introduce his health care plan in the Legislature.  Not even one legislator want so to carry that steaming pile of refuse.  He has no friends on the GOP side, and he makes fun of the Dems who work with him.  Doesn’t seem very post-partisan at all.

The Boxer Rebellion(s): A Call For Senator Boxer to Lead a New Charge on the Hill

The annals of history, as noted in Wikipedia, duly record the following with regard to “The Boxer Rebellion” of the early 20th Century:

The Boxer Rebellion was a Chinese rebellion from November 1899 to September 7, 1901 against foreign influence in areas such as trade, politics, religion and technology that occurred in China during the final years of the Qing Dynasty.

John Nichols, refers to something completely different in his piece called The Boxer Rebellion:

“the person who changed the course of history with regard to the debate over the Bush administration’s nominee for secretary of state […snip…] was Barbara Boxer…”

This time, the Boxer Rebellion was the first time that the excess and free passes of the Bush Administration were directly challenged.

It’s time for another “Boxer Rebellion” in the Senate; it’s time for both chambers, in fact, to finally rise to meet the challenge of curbing the most dangerous and deceitful Administration in history. Senators Boxer, Feingold and others – are you listening?

A Place in History

Whether it is the Boxer Rebellion of the early 20th Century or the early 21st Century, the two significant events occur with eerie echoes inasmuch as they are also strikingly dissimilar. Both occur amid times of bloody, insurgent chaos that costs the lives of thousands in a far-away land. The first “Boxer Rebellion” occured in China after the Qing dynasty was forced to sign a number of Unequal Treaties in the wake of losing the First Opium War to our good friend and ally, the United Kingdom. (Strangely, I found myself wanting to replace “China” with “Afghanistan” and the “United Kingdom” with the “United States”.) Ultimately,

Such treaties were regarded as grossly unfair by many Chinese, as foreigners received special treatment compared to Chinese. Rumours circulated of foreigners committing crimes as a result of agreements between foreign and the Chinese governments over how foreigners in China should be prosecuted. Thus in the late 19th century such feelings increasingly resulted in civil disobedience and violence towards both foreigners and Chinese Christians.

(This ring a bell with anyone? Again, I found myself wanting to substitute “China” for another country, this time “Iraq.”)

It’s possible to extract more similarities between this first Boxer Rebellion’s social context and the flaming inferno of the Iraq quagmire — particularly with regard to the influence of religious leaders who were not subject to local laws — but I’ll stop with this one final similarity:  by the end of the uprising,

over 230 foreigners, tens of thousands of Chinese Christians, an unknown number of rebels, their sympathizers and others had been killed in the ensuing chaos.

We’re a bit beyond that in Iraq, but that’s only due to having much better weapons and a higher level of focused incompentents in charge.

The first part of the modern-era “Boxer Rebellion” took place not in the war-torn trenches where the social chaos ensued, but instead in the halls of Congress, where Senator Barbara Boxer hammered a particularly grueling series of questions and statements into Condoleeza Rice as she sought to win confirmation for the Secretary of State role. To quote the article cited above by Jeff Nichols,

Then Boxer hammered home the point that really mattered: That when Rice and her team lied, people died.

It was a beautiful moment. The article then went on to quote Senator Boxer:

“This war was sold to the American people – as chief of staff to President Bush Andy Card said – like a ‘new product.’ You rolled out the idea and then you had to convince the people, and as you made your case, I personally believe that your loyalty to the mission you were given overwhelmed your respect for the truth,” Boxer calmly declared. “That was a great disservice to the American people. But worse than that, our young men and women are dying. So far, 1,366 American troops have been killed in Iraq. More than 25 percent of those troops were from California. More than 10,372 have been wounded.”

For those of you keeping count, those numbers quoted by Senator Boxer have grown significantly higher. To continue:

When Boxer read out the statistics, it was a devastating moment – and a rare one. Seldom do senators accuse prospective Cabinet members of lying. Rice knew she was taking a harder hit than anyone had expected. The nominee tried to get the upper hand with classic Washington spin. “Senator,” Rice whined, “I have never, ever lost respect for the truth in the service of anything. It’s not in my nature. It’s not in my character. And I would hope we could have this conversation … without impugning my credibility or my integrity.”

Rice’s problem was that her credibility and integrity had been impugned – not by Boxer but by the nominee herself. All Boxer did was bring Rice’s deceptions to light and, perhaps most significantly, to link them to the continuing crisis in Iraq.

I believe that’s called speaking truth to power. More simply put, however, is this simple fact: Senator Boxer was doing her job, not just as a Senator, but as an American Patriot. Here’s my last excerpt, the money quote:

In so doing, she shamed a number of her fellow Democrats into joining her in opposition not just to Rice but to the administration’s entire approach to the war.

Ah. Shamed. Bravo, Senator Boxer — you had the cahones to do what had to be done, and secured a turning point in history that could lead our nation out of the darkness and back into the light, scarred and badly bloodied by battle but intact nonetheless.

You started a rebellion within the Senate, and the Congress, against “playing nice” when in a pit of vipers. You done good, Senator.

Now, we need you to do good again.

The Boxer Rebellion, part deux

Iraq is a disaster; we are currently inundated with emerging evidence of not only purposely manipulated information and outright lying in order to deceive the nation into supporting an aggressive military action against Iraq, we are also finding evidence that the latest call for a “surge” to stabilize the nation we’ve crippled is in direct opposition to intelligence reports and skilled assessments of field generals recommendations. In the meantime, we have heard the increasing drumbeat for a military conflict with Iran, while also finding that intelligence is being manipulated and cherry-picked in direct opposition to the facts suggesting that such a conflict is both unjustified and unwise.

What has the Congress decided to do? Debate the merits of passing a non-binding resolution to deal with the matters.

Uh, no. You, the Congress of the United States of America, will not play this game with the lives of my countrymen. You, the Congress of the United States of America, will not play nice in the sandbox anymore. Too much evidence of impropriety by the White House and their strongest supporters has emerged now. You are now responsible to take this matter head-on, and resolve it.

The President and Executive Branch are out of control. The spending for the war is entirely unrestrained; supplementary off-the-books spending has been used to prevent any accurate review or oversight. No more. A recent story on the BBC News reports that President Bush has called for tightening the domestic budget for the coming year:

Mr Bush said the budget for the year starting in October 2007 would underline the need to tighten spending on domestic programmes – including on education, energy and health.

The Washington Post newspaper said domestic spending would increase by 1% – less than inflation.

Meanwhile military spending in Iraq and Afghanistan would increase.

“Unless we act, we will saddle our children and grandchildren with tens of thousands of unfunded obligations,” Mr Bush said.

He said they would face huge tax rises, huge budget deficits or huge immediate cuts in benefits.

The policies of Mr. Bush and his wreckless, feckless administration have included an absolutely abysmal record of failing to account for the costs and exigencies of this war. The troops are under-funded, under-armed, without armor and without support at home. No more. If Mr. Bush wants to reduce spending, you have the power to enforce that wish — by shutting down the illegal, immoral, criminal enterprise that has taken root in the White House; you can defund this war. Instead of budget restraint, how about simply a balanced and proper budget that includes the planning and costs of the war?

Another BBC News story notes that

US manufacturing activity fell unexpectedly in January, raising fresh concerns about the US economy

while still another BBC News story reports

US unemployment has risen to a four month high of 4.6% after fewer new jobs were created last month than expected.

When does it end?

I’ll tell you: it ends now. You, the Congress, are the ones to bring this dark chapter to a close. And if you don’t, regardless of party affiliation, know that failure to rein in this administration now, in light of all the failed policies, overt lies and blatant obstructionism, makes you complicit in those crimes.

It is time for the Congress to engage in another “Boxer Rebellion,” one of epic proportion.

Lancing and draining the boils

Senator Boxer, I put it to you to initiate and coordinate this latest rebellion; your name, as well as your actions of the past, have chosen you. The following Democratic members of Congress have introduced or spoken in support of measures to attempt to mitigate this miasma, as noted in this diary by  shpilk:(summarized)

Senator Russ Feingold, with S.121 and S.448.

Congresswoman Lynne Woolsey, with HR 508.

Congressman Jerry Nadler, with HR 455

Congressman Jack Murtha, with HJ RES 18

Congressman Sam Farr, to repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243) and to require the withdrawal of United States Armed Forces from Iraq.

Congressman David E Price, to set the expiration of the above-mentioned resolution to December 31, 2007.

Congressman James P. McGovern, “To provide for the safe and orderly withdrawal of United States military forces and Department of Defense contractors from Iraq.”

Congressman Earl Blumenauer, “Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall begin the redeployment of United States Armed Forces from Iraq.”

There is no excuse for failing to intercede now on behalf of the law, on behalf of the people, on behalf of the Constitution or on behalf of this nation and the nations of the world.

Senator Boxer, we call upon you to put Majority Leader Reid into a chair and have him listen carefully. Explain, in a calm and steady voice, that it is the will of the people to directly oppose the ongoing dissembly of this Administration. It is the will of the people that this ill-gotten war be ended. It is the will of the people that Congress resume their duties as public servants, and our will is law.

Invite Speaker Pelosi to attend your meeting with Mr. Reid. Invite other prominent members of the Democratic Party of both chambers, House and Senate.

And invite the most influential Republicans you can find, those who will take the will of the people over the politics of party — those who do not wish to be listed as complicit and enabling of a blatantly criminal abuse of power currently emanating from, but not exclusive to, the White House.

This time, the “Boxer Rebellion” must include everyone who thinks like a true Patriot, everyone who knows that now is the time for all good citizens to come to the aid of their country.

Actions, and Words to Empower By

Recent diaries by rktect (here), Maccabee (here and here), Devilstower (here) and myself (here) all suggested actions to take.

Here’s a short list of the relevant resolutions to pass:

  1. When the National Guard is deployed outside the boundaries of the United States, the president must send a resolution to congress every six months seeking permission to continue deployment of the National Guard.  If this request fails to secure a majority in both houses of congress, National Guard forces must be returned to their home states within thirty days.  The rule is in effect even in times designated by the president as national emergency.
  2. Stop the torture. Find the torturers. Prosecute and punish every single one of them.
  3. Revoke or suspend the AUMF for the President to act to respond to the terrorists of 9/11. It must be rewritten and reworked to include measurable oversight and accountability.
  4. Revoke (or suspend) the AUMF that pertains to the Iraq invasion. It provides the Executive Branch far too much authority to make war wherever he wishes as part of his actions in Iraq, which by and large have accomplished the stated mission and utterly failed to do so in a manner consistent with competence.
  5. A new resolution, one designed to keep troop levels constant then begin to withdraw them, must be drafted. It shall implement oversight and renegotiate contracts with contractors to impose stiff accountability and reporting measures, taking the primary control over the rebuilding away from the Executive Branch and placing it with an independent committee that will report to Congress.
  6. Immediately pass a resolution stating that the President and his officers, as well as the Pentagon and their agents, will cease and desist all attempts to provoke, taunt, instigate or initiate a conflict with Iran; any and all monies directed toward “catapulting the propaganda” in support of an action against Iran will be redirected back toward rebuilding Iraq.
  7. Congress will immediately Censure the Bush Administration for the intentional delay of the National Intelligence Estimate for what appears to be purely political reasons that conflict with their proposed solution for Iraq as well as their attempts to place a preponderance of blame for the Iraq debacle on Iran.
  8. Apologize to the world.

The measures above, as closely as you can reasonably get them and as binding resolutions, must be proffered as the most important agenda items to be accomplished this week, starting tomorrow.

Senator Boxer, you initiated the equivalent of a rebellion during the confirmation process for Secretary of State that may have sparked a much-needed, long-overdue turning point in our current history. Senator Feingold’s statement ended with the words

If Congress doesn’t stop this war, it’s not because it doesn’t have the power. It’s because it doesn’t have the will.

We need someone to engage the remaining members of Congress with the measures above, and to assert in no uncertain terms that those who do not support the measures are complicit in the crimes of the George W. Bush Administration. Be the agent of change once more. Inspire the willingness in Congress to face the truths and fight for the people.

There will be an accounting for the destruction and loss incurred; karma is a bitch, and under the auspices of the “George Bush Republicans” we’ve got a boatload heading our way. Perhaps conveniently for the White House, this happens at the same time we’ve built up a very vulnerable fleet in the Persian Gulf, one that makes quite a nice little target for our enemies.

Help avert disaster, both in the Middle East and domestically.

Lead us to victory, accountability and return our national integrity.

Thank you.