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Posted by New Neo on August 19, 2014 25 Comments
ISIS has released a video purporting to show the beheading of American journalist James Wright Foley, who had been missing for almost two years. The video, which also threatens to do the same to a man identified as American journalist Steven Sotloff, will not be linked to on this blog. Foley had gone missing in northwest Syria in November of 2012, and Sotloff, a reporter for Time, had disappeared in mid-2013, perhaps in Libya. ISIS accompanied the video with a message that:
...U.S. President Barack Obama’s authorization of strikes against the group places the United States “upon a slippery slope towards a new war front against Muslims,” according to BNO. “Any attempt by you, Obama, to deny Muslims liberty & safety under the Islamic caliphate, will result in the bloodshed of your people,” the ISIS person added. Foley also speaks in the video, saying: “I call on my friends, family members and loved ones to rise up against my real killers, the U.S. government.”
There is a longer version of Foley's statement here.

LATEST NEWS

Posted by Kemberlee Kaye on August 19, 2014 27 Comments
In today's bizarre news, at least six are dead in an airstrike that took out a small arms depot and other targets. The problem is, no one really knows who is responsible. The New York Times reports:
Unidentified warplanes on Monday bombed a small arms depot and other locations in the Libyan capital, Tripoli, that are controlled by Islamist-aligned militias, suggesting that a foreign state had intervened in the escalating battle for control of the city. At least six people were killed, The Associated Press reported. The origin of the planes remained a mystery. The airstrikes were beyond the capacity of the limited Libyan Air Force, and Libyan authorities said the planes had come from a foreign state. The United States, France, Italy and Egypt all denied responsibility. “The United States was not involved whatsoever in these events,” said Marie Harf, a State Department spokeswoman. But the targets indicated the intent of the strikes. Although the month-old conflict in Tripoli is largely a contest for power between rival coalitions of cities and tribes, one side is considered to be allied with the forces of political Islam, while the other portrays itself as fighting an Islamist takeover. The strikes on Monday all hit the Islamist side.
Some renegade Libyan general claims he was responsible for the airstrikes, but as the NYT pointed out, the strikes were, "beyond the capacity of the limited Libyan Air Force." It's also not uncommon for would-be bad guys to pop up and claim violent tragedies are part of their own criminal master-mind. Reuters explains:

Posted by Andrew Branca on August 19, 2014 121 Comments
The fatal shooting of the Mike Brown by police officer Darren Wilson has raised a hue and cry about a wide variety of social issues, among them the increasingly vitriolic nature of American race relations, the astonishing militarization of the police (or, perhaps more accurately, their equipment), and the curious (to me, at least) degree to which the rioting, looting, and arson that followed the shooting was rationalized as “wrong, but understandable.” [caption id="attachment_96650" align="alignnone" width="450"]Ferguson Police Officer Darren Wilson Ferguson Police Officer Darren Wilson[/caption]

A Too-Familiar Misinformation Cascade

This most recent high-profile shooting has also seen the deployment of a too-familiar misinformation cascade in cases where there is a real or perceived racial element.  This misinformation cascade achieves its purpose by taking what few “facts” are typically available in the immediate aftermath of such an event, and passing them through a rhetorical filter to construct two defining narrative elements:

The pure victim: An image of the victim as an innocent, nearly saint-like, young child of such tender years as to suggest that the very notion of him committing an act of malice is preposterous.

The monstrous aggressor: An image of the shooter as an angry, hateful, racist monster with a hunger for shooting young black children dead in circumstances totally absent of legal justification.

The Misinformation Cascade in the Zimmerman/Trayvon Case

In the case of the shooting of Trayvon Martin by the "White Hispanic" George Zimmerman, these dual goals were accomplished in several ways.

Posted by William A. Jacobson on August 19, 2014 4 Comments
Update: Looks like the fighting is on again after Hamas and/or other Gaza groups started firing rockets into Israel even before the prior truce was over. The question is, how much will it escalate? More updates and coverage in live video and Twitter feeds at bottom of post:

Posted by Amy Miller on August 19, 2014 48 Comments
The recent indictment of Texas Governor Rick Perry has drawn the ridicule and ire of pundits and analysts from both sides of the aisle (even David Axelrod thinks the indictment is "sketchy,") but Team Perry isn't taking any chances when it comes to the Governor's legal defense. Perry has hand-picked his counsel from the A-list of defense lawyers. The team, led by Houston attorney Tony Buzbee, seems to be in complete control of the stacked deck of evidence suggesting that not only was Perry justified in threatening to veto funding from the (now-ironically named) Public Integrity Unit, but that it would have been a scandal not to do so. Via CNN:
"Governor Perry did what anyone else would do," Buzbee said. "Anyone who sees that video" would have "lost confidence" in Lehmberg. That said, the lawyers argued that the governor had no legal obligation to offer any rationale for his veto, which they insisted was protected the basic constitutional principle of separation of powers. "This is nothing more than banana republic politics" and a "nasty attack" on the "rule of law," Buzbee insisted. And Perry's explanation of his veto, Buzbee added, was protected under the "right to free speech under the First Amendment." Birchfield called the indictment "an attempt to criminalize politics, pure and simple," while Ginsberg warned that it could "set a harmful precedent in separation of powers doctrine."

LEGAL INSURRECTION QUICK TAKES

Illinois Teacher Union Boss Gets Substantial Pay Raise Despite Low State Reading Scores

Faculty Senate at Northwestern Calls for Restrictions on ICE Access to Campus

Oregon State Instructor Reports Student for Arguing There are Only Two Sexes

University of San Francisco Ditching Mascot Over Student Complaints

Maine School Administrator Objects to Dogs in the Classroom, Citing Muslim Views

UT-San Antonio Student Apologizes for Gleefully Mocking Assassination of Charlie Kirk

SEE MORE

Posted by New Neo on August 18, 2014 88 Comments
According to the preliminary report from the autopsy requested by the Michael Brown family, Brown was shot six times, four in the right arm and two in the head, the last head shot killing him. All of the shots entered from the front. These findings could end up being revised, but so far the forensic evidence contradicts the reports of several eyewitnesses who reported that at least some shots were fired from behind as Brown was fleeing. One of those witnesses, Dorian Johnson, had reason to lie, since he was Brown's friend and it was later revealed that he had been present at the time of the convenience store robbery that preceded the confrontation with Officer Wilson. Eyewitness testimony is prized by the public but is often extremely flawed. It is unnecessary to allege eyewitness bias in this case in order to doubt the reliability of the eyewitnesses: study upon study has demonstrated how poor eyewitness testimony often tends to be. Here's an interesting point about focus that's relevant to the Brown shooting:
The weapon focus effect suggests that the presence of a weapon narrows a person's attention, thus affects eyewitness memory. A person focuses on the central detail (for example, the weapon) and loses focus on the peripheral details (for example, the perpetrator's characteristics). While the weapon is remembered clearly, the memories of the other details of the scene suffer...Another hypothesis is that seeing a weapon might cause an aroused state. In an aroused state, people focus on central details instead of peripheral ones.
That's not the only focus problem. There's more:

Posted by Amy Miller on August 18, 2014 12 Comments
Formed this year at the end of July, "Rick PAC," Rick Perry's Political Action Committee, is still going strong with their fundraising efforts ahead of the 2014 elections and 2016 presidential election cycle. I received this in my inbox this morning, and am taking it as proof positive that Rick Perry is beyond confident that he will not only beat Texas democrats' efforts to prosecute him for rightfully using his veto power, but that his reputation will remain untarnished when the dust settles. Screen Shot 2014-08-18 at 12.04.41 PM Officially registered as a Political Action Committee, Rick PAC can legally raise money to both support or oppose multiple federal candidates; this means that if he chooses to stay in the running for 2016, Perry will be able to use the money raised from his recent groundswell of support to make another run for the Presidency.

Posted by David Gerstman on August 18, 2014 11 Comments
Israeli newspapers are reporting on the just disclosed coup attempt by Hamas to dislodge Fatah in the West Bank. The Times of Israel reported:
The Shin Bet said it arrested more than 90 Hamas operatives in May and June, confiscated dozens of weapons that had been smuggled into the West Bank, and seized more than $170,000 aimed at funding attacks. It produced photos of the confiscated weapons and cash and a flowchart of the Hamas operatives who had been questioned, and said they planned a series of massive attacks on Israeli targets, including the Temple Mount, in order to start a widespread conflagration. Indictments are expected to be filed against at least 70 of the suspects. Terror cells were set up in dozens of Palestinian West Bank towns and villages — including in and around Jenin, Nablus, eastern Jerusalem, Ramallah, and Hebron — the Shin Bet said.
There were other details at Ynet:
The plan called for using the intifada as cover to seize rule in Ramallah, which would have been led by the "Mohammed Deif of the West Bank" who currently operates out of Turkey. More than 70 indictments were served in recent days at military tribunals in the West Bank, and they expose the largest coordination effort Hamas has attempted in the area since Operation Defensive Shield more than a decade ago.
The "Mohammed Deif of the West Bank" is Saleh al-Arouri who was also implicated in the planning of the kidnappings and killings of Eyal Yifrach, Gil-ad Shaar and Naftali Fraenkel.

Posted by Amy Miller on August 18, 2014 9 Comments
Patient advocates are up in arms over allegations that insurance companies are violating Obamacare's anti-discrimination provisions. Groups like the AIDS Institute and the Leukemia and Lymphoma Society cite difficulties with getting coverage for expensive medications and finding quality in-network care as just two in a long list of grievances against the implementation of the new health care law. Via ABC News:
Kansas' commissioner, Sandy Praeger, a Republican, said the jury is out on whether some insurers are back to shunning the sick. Nonetheless, Praeger said the administration needs to take a strong stand. "They ought to make it very clear that if there is any kind of discrimination against people with chronic conditions, there will be enforcement action," Praeger said. "The whole goal here was to use the private insurance market to create a system that provides health insurance for all Americans."
Adding to patient difficulties is the fact that, although some of Obamacare's anti-discrimination provisions have been put into effect, many have been left pending for more than four years. This makes enforcement difficult when the people the law purports to protect have been told since 2010 that the Affordable Care Act is the immediate solution for those who previously were not able to secure coverage. What's troubling about the actions of patient advocates, however, is the obvious conflation of "discrimination" with "complications":
The advocates also say they are disappointed by how difficult it's proved for consumers to get a full picture of plans sold on the new insurance exchanges. Digging is often required to learn crucial details such as drugs covered, exact copayments and which doctors and hospitals are in the network.

Posted by William A. Jacobson on August 18, 2014 143 Comments
Things have moved so fast in the shooting of Michael Brown and the subsequent riots, that it's hard to keep pace. Andrew likely will have a post later with some legal analysis, but for now I'm just going to post some links, and readers can update in the comments. Does this make it more likely Brown was charging at or engaging the police officer at the time of the shooting? Autopsy Shows Michael Brown Was Struck at Least 6 Times:
Michael Brown, the unarmed black teenager who was killed by a police officer, sparking protests around the nation, was shot at least six times, including twice in the head, a preliminary private autopsy performed on Sunday found. One of the bullets entered the top of Mr. Brown’s skull, suggesting his head was bent forward when it struck him and caused a fatal injury, according to Dr. Michael M. Baden, the former chief medical examiner for the City of New York, who flew to Missouri on Sunday at the family’s request to conduct the separate autopsy. It was likely the last of bullets to hit him, he said. Mr. Brown, 18, was also shot four times in the right arm, he said, adding that all the bullets were fired into his front.
Chaos, violence in Ferguson; National Guard called in:

Posted by Kemberlee Kaye on August 18, 2014 8 Comments
We've all been there. You read an outrageously mind-blowing headline before downing your mandatory morning cup of joe, you're not firing on all cylinders, share the article with an "incredible!" or "ZOMG!" or "this is an OUTRAGE" caption, only to receive the mockery you earned. Or maybe that's just me (don't judge). Whether is was The Onion when they hit a little too close to home or The Daily Currant, a particularly sneaky satirical news site, we've all been snookered by a satirical headline at least once. If you haven't, your time is coming. Evidently, Facebook wants to make sure users are never subjected to the horror of learning an article they thought was fact is actually complete fiction. The Atlanta Journal-Constitution reports:

First spotted by Ars Techinca, the tag clearly flags any Onion headline which shows up in your News Feed as "[Satire]," though the feature doesn't apply to every parody article just yet.

A Facebook rep confirmed the news to Ars Technica, saying "We received feedback that people wanted a clearer way to distinguish satirical articles from others in these units."

Posted by David Gerstman on August 18, 2014 4 Comments
Israel and its supporters have argued for some time that the news media give a skewed view of Operation Protective Edge because reporters in Gaza are intimidated by Hamas. Perhaps one of the most blatant examples was the disappearing tweet of The Wall Street Journal's Nick Casey, showing a member of Hamas sitting for an interview in Shifa hospital. As Prof Jacobson noted, Casey was subjected to online threats. But the disappearing tweet was consistent Hamas' rules for social media (that also apparently applied to major media organizations), which included "[d]o not publish photos of military commanders." Apparently Casey was in violation of that. Last week the Foreign Press Association in Israel (and not an organization that shrinks from criticizing Israel) decried Hamas' "blatant, incessant, forceful and unorthodox methods" to intimidate journalists. There were still skeptics. Jodi Rudoren, the Jerusalem bureau chief of The New York Times, called the FPA's charge "nonsense." The left wing Israeli paper Ha'aretz also covered the story calling the press "divided" over the issue. Even in the Ha'aretz story, the term"divided" seems generous. The one reporter who spoke on the record to say he hadn't been intimidated, was forced to leave Gaza after he violated Hamas' press guidelines. If there was any remaining doubt about the intimidation, it was removed by an unlikely source, Hamas spokeswoman Yisra al-Mudallel. According to the MEMRI transcript, al-Mudallel said:
Moreover, the journalists who entered Gaza were fixated on the notion of peace and on the Israeli narrative. So when they were conducting interviewers, or when they went on location to report, they would focus on filming the places from where missiles were launched. Thus, they were collaborating with the occupation. These journalists were deported from the Gaza Strip. The security agencies would go and have a chat with these people. They would give them some time to change their message, one way or another. ... We suffered from this problem very much. Some of the journalists who entered the Gaza Strip were under security surveillance. Even under these difficult circumstances, we managed to reach them, and tell them that what they were doing was anything but professional journalism and that it was immoral.
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