Looking for Loopholes
Dear Loopholers:
This past Monday, we testified at a hearing that Councilmember Phil
Mendelson chaired on the three most troubling “public safety”
initiatives that Mayor Fenty, Acting Attorney General Nickles, and
Metropolitan Police Department Chief Lanier have introduced: the “Safe
Homes Initiative,” the “Video Interoperability for Public Safety”
program, and the “Neighborhood Safety Zones Initiative.” There was
major news to come out of that hearing that all other news outlets seem
to have missed, and we’ll get to that last. But first, we want to make
a point that Gary made in his testimony at the hearing. In the early
days of Home Rule government in the District of Columbia, for all its
faults (and there were many, many faults), the city government was
dedicated not only to protecting the civil rights and civil liberties of
its citizens, but also to expanding those rights. We had administrations
and city councils that looked on the Bill of Rights as the foundation of
government, not as an impediment to government. Today, in sharp
contrast, we have a mayor, attorney general, and police chief dedicated
to looking for loopholes in the Bill of Rights, seeking ways to erode
our civil liberties and civil rights in the name of “safety” and
government effectiveness.
If you didn’t attend the hearing or watch it on television, do
watch the last hour and a half when it is posted on the Office of Cable
Television’s web site, http://octt.dc.gov/services/on_demand_video/channel_13.asp.
(We’ll post the exact URL and time marks when OCTT puts the hearing on
line.) That was when Acting Attorney General Nickles and MPD Chief
Lanier responded to questions, and both their answers and their demeanor
were astonishing. Lanier at least kept up a mask of affability until the
last half hour, when her impatience and sharpness began to show. But
Nickles came with an arrogant, quarrelsome, nasty, hostile, and
uncooperative attitude from the beginning. The government witnesses
showed their intention to be uncooperative at the start, when they came
with no prepared testimony, something that troubled even those committee
members who wanted to work with the administration by striking a
compromise between honoring constitutional rights and violating them.
Nickles displayed his attitude of being above, not just the Constitution
but even the rules of the committee, by announcing that he wouldn’t be
bound by the clock and the time limits set for councilmembers’
questioning of witnesses. It was a relief when Councilmember Mary Cheh
had her first ten-minute round of questions for Nickles, and if you have
just ten minutes to spend watching the hearing, spend them there. Cheh,
who teaches constitutional law at George Washington University, took Nickles to
school, and she was as good as John Houseman’s Professor Kingsfield in
The Paper Chase, toying with a hapless, incompetent, and ill-prepared
Law One student. She exposed the shallowness and vacuity of Nickles’
legal analysis, and she did so without the personal attacks and ill
temper that she has sometimes used against witnesses with whom she
disagreed. It was masterful.
Now for the news. Chief Lanier announced for the first time that the
stated reasons for instituting a blockade of the Trinidad neighborhood
were not the true reasons, or at least not the major reason, behind the
cordon. There was another, more important, reason, she told the
committee, but she could not reveal what that reason was. If the
committee members knew what she knew, she was confident that they would
agree with her actions, but she couldn’t tell them what she knew. She
had, she said, specific information that there were specific individuals
who were going to enter that neighborhood to commit a particular crime.
Preventing that crime was the real reason for quarantining Trinidad. No
lesser measures — tracking those specific individuals, warning the
intended victims of the crime, etc. — would have sufficed to prevent
the crime. Only a full-scale lock down of the neighborhood and lockout
of other citizens was enough. But councilmembers would have to take her
word for it, because she couldn’t tell them anything more. Prior to
that hearing, the administration had already put out two conflicting
stories about the origin of and purpose for the blockade. The first
story was that it was a reaction to the violence in Trinidad over the
weekend of May 31 and June 1; the second was that the administration had
been planning the blockage for two months before that time. Now we have
the third story, that the blockade was to thwart a particular planned
crime; were the police aware of that planned crime more than two months
ago? If you’ll buy this latest change in the administration’s story
this late in the day, we’ll forward you some E-mails from Nigeria that
will let you in on a scheme to get rich overnight.
Neighborhood Safety Zones items, now including the Office of the
Attorney General’s two legal analyses, are at http://www.dcwatch.com/police/nsz.htm.
Gary Imhoff, themail@dcwatch.com
Dorothy Brizill, dorothy@dcwatch.com
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[“Evaluation of the DC Opportunity Scholarship Program: Impacts
After Two Years,” by the Department of Education, Institute of
Education Sciences, National Center for Education Evaluation and
Regional Assistance, NCEE 2008-4023, June 2008] http://ies.ed.gov/ncee/pdf/20084023.pdf,
out June 16, seems to suggest little benefit to students from the DC
voucher system.
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Dorothy Brizill, in her post on the Friday the 13th fiasco [themail,
June 15], focuses on the DC government’s lack of coherent response.
Fine, but let’s return to the source: PEPCO. I was one of the many
people affected by the snafu, sitting in my darkened office in Chinatown
on Friday morning trying to figure out whether I needed to go home to do
urgent Internet work. I called PEPCO and actually got through to
someone, but that person was completely ignorant: she told me she had no
idea what was going on or how long it might take to fix. This was at
about 9:30 a.m.; later I read that PEPCO in fact had estimated a fix by
about 10 a.m., which apparently occurred. (I had in fact gone home by
then).
Granted that at the beginning of an emergency it isn’t clear how
soon the emergency will end, by 9:30 a.m., two hours after this started,
PEPCO should have been able to provide more info by phone.
[The DC Public Service Commission has announced an investigation of
the PEPCO Outage, http://www.dspsc.org/pdf_files/hottopics/DC_Regulators_Investigate_Pepco_Outage.pdf.
— Gary Imhoff]
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DC Cabs and Meters
Joan Eisenstodt, jeisen at aol dot com
I saw a poll for the Washington Business Journal that people
(who commented) are generally paying less with the meters. I must be
doing something wrong. I have yet to take a metered cab that didn’t
cost me at least fifty cents extra, versus zone fares, and had more
stops at yellow lights and kvetching about turning on the air
conditioning and how much it costs to drive a cab now. Sure, I love the
safety of stopping at yellow lights, but it seems it seem to be done to
drive the fare up and not for safety. And the kvetching — c’mon —
I know the drivers want to recoup the cost of the meters and I
appreciate that. But in our hot, humid weather, a non-air-conditioned
cab is for the birds.
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Who Will Be the First?
Ed T. Barron, edtb1@macdotcom
Which gas station in DC will be the first to break the five dollar
mark for a gallon of gasoline? That’s very likely to happen before the
end of this year. My nomination is the Spring Valley Exxon Station at
the corner of Massachusetts Avenue and 49th Street, NW. This station
traditionally charges more than twenty cents more per gallon than most
other stations in northwest DC, and will be the first, I’m sure, to
show $5 on their signs and pumps.
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Mayor Adrian Fenty Fears DCPS President Robert
Bobb
Jonathan R. Rees, jrrees2006@verizon.net
If you take the time to look at the web site for the DC Public
Schools, http://www.k12.dc.us, you will not find any mention or link to
its board and or its president Robert Bobb. This lack of any mention of
the DCPS Board or its president is deliberate and orchestrated by a
jealous Mayor Adrian Fenty who is afraid of Robert Bobb and the
possibility of Robert Bobb’s challenging him for the mayor’s office
in 2010.
What you do find is a web site full of propaganda, lies, and
self-praise of its chancellor, who never ran a school district
previously in her life, just a tiny employment agency to place teachers.
Mayor Fenty’s fear of Robert Bobb is just one aspect of his overall
dishonesty, vindictive, unpredictability, erratic behavior and
unreliability in the minds of voters and good cause for voters to deny
him a second term.
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Re “The Problem with Safety,” [themail, June 15]: “Safety” is
the “B” in “KGB.”
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Mayor Fenty and the Bush administration certainly do seem to share
similar attitudes toward executive power and the place and value of
civil rights in our society. I have to admit that I originally had great
hopes for Fenty and I do still believe in many of his stated goals, it’s
his processes to achieve those goals that have made me lose faith in
both him and his administration, processes that he didn’t discuss when
running for office, though I’m now sure he had already thought about
them.
Fenty’s grandiose claims and delusion of executive privilege and
power are reflected in an arrogance and belligerence toward both the
council and the DC citizenry in general, but — at least so far —
habeas corpus seems safe in DC and to my knowledge no secret detentions
have taken place here — yet, but “the end justifies the means”
does seem to be becoming a common thread in some Fenty administration
actions.
The one good thing to come out of this is that I will not make the
same mistake twice. Before voting again for anyone based just on
rhetoric and their stated goals, I will be sure to research deeper into
how they intend to achieve them and the basic principles behind their
well-spoken words and promises. “Fool me once, sham on you, fool me
twice, shame on me.”
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Follow the Money
Beatrice Irby Smith, bis_e1@yahoo.com
Just like that rat Williams was a plant by the Washington Post,
the present administration is getting its initiatives for safety from
higher-ups in DC. As “Deep Throat” advised, follow the money. Just
who stands to gain from enacting these three “safety” initiatives.
Come on people, where is our present day Bernstein and Woodward? Have
all the investigative journalists sold out?
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[An open letter to the Committee on Public Safety and the Judiciary]
I must make two observations: a) I find it troubling, troubling that the
Interim AG, as a private sector partner at a law firm of high-tier
stature, would reduce himself to such unflattering public displays of
professional intolerance, impatience, smugness, and childish flippancy
when addressing the council, particularly towards Councilmembers
Mendelson, Cheh, and Thomas. I was frankly shocked at his inability to
maintain professional decorum and civility while discussing his legal
basis for concluding the constitutional viability of the Executive’s
initiatives. It appeared bad form that in attempting to justify the
legal counsel he provided the mayor about these initiatives, the AG’s
crassness and dismissive contempt resonated towards DC councilpersons. I
found the same held true from Chief Lanier. Is that what the DC Council
can expect when they have questions about initiatives stemming for the
mayor — contempt, belligerence, and indignation? Completely bad form
from public officials and servants.
b) As to the “one tool in the toolbox” song many councilpersons
sang during yesterday’s and previous public safety hearings. It might
be helpful if these councilmembers recognize this song deafens one’s
knowledge base and intellectual sensibilities about the very real
potential of class action lawsuits. Checkpoints, video surveillance,
anti-loitering, and safe search initiatives are all “public safety”
measures currently enthralled in lawsuits. More lawsuits is not a
toolbox in which the District wants to continue to find itself. Public
disdain towards those who helped violate civil liberties might be
another toolbox in which some may find themselves.
I want to please thank Councilmembers Mendelson, Cheh, Thomas, and
Barry for their questions, analysis, and perspective during yesterday’s
2:00 p.m. public safety hearing on the Executive’s initiatives and
their impact on civil liberties. Councilmember Mendelson, thank you for
your demonstrated research, analysis, and critical case study. It was
necessary and poignant, especially as you countered what I saw as the
arrogantly absurd contentions of Attorney General Peter Nickles on the
constitutional validity and procedural rationale for the “public
safety initiatives.” I also appreciate the various “successful”
policing correlations (or lack thereof) you addressed to Chief Lanier.
The public heard en masse from yesterday’s policing and legal
panelists that, among other things, the checkpoint initiatives violate
constitutional law, do not reduce crime (more visible police presence
does). We also heard persons were still able to bypass checkpoints and
drive into the Trinidad neighborhood. As Dorothy Brizill noted, besides
the potential legal ramifications of these initiatives, tourism and the
overall public relations image of the District could likely plummet.
[Finished online at http://www.dcwatch.com/themail/2008/08-06-18.htm]
Further, as a District resident, I was honored that the illustrious
and inimitable John Payton, Director-Counsel and President of the NAACP
Legal Defense Fund, testified yesterday. I personally sent him and other
legal, civil rights, and public policy persons E-mails requesting they
testify. It appears your committee did the same — excellent! I was
also pleased to see Deborah Golden, Esq. (Washington Lawyers’
Committee on Civil Rights) testify as a public witness against the
initiatives. It was helpful to hear that not only is Ms. Golden a civil
rights attorney, but that she is also a bona fide Trinidad resident who
shared both the legal and neighborhood side of these checkpoint
initiatives.
Councilmember Cheh, thank you very much for your vehement and
thorough dissection and analysis relating to illegality of checkpoint
seizure. It is important that we the public — and obviously too the AG
— know that the highest court in the land, the Supreme Court, ruled in
City of Indianapolis v. Edmond, 121 S. Ct. 447 (2000) that the
“Fourth Amendment would almost certainly permit an appropriately
tailored roadblock set up to thwart an imminent terrorist attack or to
catch a dangerous criminal who is likely to flee by way of a particular
route.” As you noted, however, in the Trinidad neighborhood the MPD
‘s checkpoint primary purpose is for “ordinary crime control.”
According to the Supreme Court, this checkpoint purpose does not meet
the constitutionally sound emergency situations that permit checkpoints.
Therefore, these efforts are unconstitutional. Thank you again for your
constitutional law expertise and opinions. Might I say that I am
confused as to why the mayor, AG, and/or Chief of Police did not first
confer with you (or one of the many constitutional law experts in the
city) before effectuating these initiatives? Many of us know that it is
one thing to be an attorney, and it is quite another to be a practicing
attorney expert in a particular area of practice. An antitrust attorney
knows little about constitutional law, and a wise one consults the other
for practice-related advice.
Councilmember Thomas, thank you very much for hosting the Trinidad
healing session last Friday. I attended this forum and can attest to the
community’s disapproval of the measures which you presented via
statistical community surveys. I also want to thank you for your efforts
to maintain neutrality and public decorum in the face hellish violent
crime escalation in our Ward — and even worse hellish Executive
initiatives misguidely presented to you and then heaped upon the most
vulnerable residents of our Ward. I applaud your for your comportment
and continued gracious demeanor. Councilmember Barry, thank you for your
support against the initiatives’ constitutional viability.
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What type of people are “running” DC? It appears that the police
chief, mayor, and anyone associated with them feel they can dictate
whatever they want to the citizens. If crime is such a high priority,
maybe basic police work is in order, not taking away the rights of
honest citizens. The courts should put the maximum sentences on those
convicted of crimes, particularly serious and violent crimes. Also, why
not place photos of those arrested or convicted of crimes in newspapers
and on TV for all to see. This could help deter their activities, when
they are aware citizens know who they are and what they look like. This
is not a violation of “civil rights” since a person has no
expectation of privacy when a photo is taken. Security cameras are a
prime example of this. Those who own a residence in other areas but have
a rented apartment or house simply for convenience should resign their
position and leave, or buy a house in DC and live there as required by
law. Guess those people don’t feel safe living in DC, yet they are
willing to take away rights of DC citizens and property owners for their
own reasons, whatever those may be. Of course, this is nothing new for
DC. I remember ex-mayor Marion Barry and his debut on TV involving
crack. All I can say is I wish DC the best of luck in getting its
problems resolved or kicking them out of office.
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Steve Lanning shills for Phil Mendelson in the last issue of themail
[June 15] with a post that is remarkably similar to an E-mail Phil
himself sent me in response to the Washingtonian article and my
post suggesting that Phil is doing little to solve the gun problem. The
best Steve (and Phil) can come up with is that as chair of the Judiciary
Committee, Phil passed a bill two years ago that the mayor proposed
(after Phil watered it down during a year in committee), he put another
mayoral proposal on hold, and he introduced a single bill himself? And
he doesn’t bother to say whether there is any evidence that these few
measures have in any way been effective? The results speak for
themselves. On a regular basis we now awake to news that half a dozen
shootings had occurred the night before.
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CLASSIFIEDS — EVENTS
Life in the Negro Baseball League, June 21
Ed Bruske, euclidarms@yahoo.com
Saturday, June 21, 2:00 p.m. Film Series: There Was Always Sun
Shinning Someplace: Life in the Negro Baseball League, 57 minutes, black
and white, 1984. Admission free, Historical Society of Washington, DC,
801 K Street, NW. Narrated by James Earl Jones, this documentary
features interviews with baseball Hall of Fame stars Satchel Paige,
James “Cool Papa” Bell, Buck Leonard, Judy Johnson, Monte Irvin, and
Ray Dandridge. Praised by the national press, this compelling film
chronicles the rich history of the Negro Baseball Leagues that
flourished before Jackie Robinson integrated the major leagues in 1947.
The exploits of these talented athletes during a time when baseball was
a segregated sport are vividly brought to life.
There Was Always Sun Shining Someplace contains rare historical
footage showing the ballplayers as they traveled the back roads of
America, the Caribbean, Mexico, and Latin America. It is an
unforgettable journey. (A program collaboration of the Smithsonian’s
Anacostia Community Museum and The Historical Society of Washington,
DC.) RSVP@historydc.org or
383-1828.
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Financial Strategies for the Business Owner,
June 21
Barbara Conn, bconn@cpcug.org
This seminar addresses the financial concerns of the small business
owner. A major focus will be the importance of addressing business and
personal financial needs as an integrated whole. Business structure
impact on taxes will be also covered. In addition, retirement plan
options, transition planning, and protection issues specific to the
business owner (such as key person insurance) will be discussed. Brian
Thoms, a Certified Financial Planner (CFP) practitioner with Ameriprise
Financial Services, Inc., America’s largest financial planning firm,
will lead the seminar.
Gather your colleagues and spouses, and your questions, and bring
them to this Saturday, June 21, 1:00 p.m., gathering of the Capital PC
User Group (CPCUG) Entrepreneurs and Consultants Special Interest Group
(E&C SIG). These monthly events are free and open to all. This month’s
event is at the Cleveland Park Branch Library (first floor large meeting
room) at 3310 Connecticut Avenue, NW (between Macomb and Newark
Streets), just over a block south of the Cleveland Park Metrorail
Station on the Red Line. For more information about the event, the
speaker, and CPCUG (a 501(c)(3) nonprofit educational organization),
visit http://entrepreneur.cpcug.org/608meet.html.
To RSVP, send an E-mail to bconn@cpcug.org.
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National Building Museum Events, June 21, 24
Jazmine Zick, jzick@nbm.org
Saturday, June 21, 10:00 a.m.-4:00 p.m., ARCHitecture Family Day.
Come celebrate Eero Saarinen’s legacy at the ARCHitecture Family Day!
Create your own St. Louis Arch with Legos, put on a shadow puppet show,
and enjoy a dance workshop! Special drop-in exhibition tours available
throughout the day. Free. Drop-in program. All ages.
Tuesday, June 24, 6:30-8:00 p.m., Engineering Saarinen’s TWA
Terminal. Eero Saarinen’s former structural engineer, Abba Tor, P.E.,
F.ASCE, and Martin Moeller, the Museum’s coordinating curator for the
exhibition Eero Saarinen: Shaping the Future, recount the pre-computer
age engineering of JFK Airport’s iconic TWA Terminal. $12 members; $12
students; $20 nonmembers. Prepaid registration required. Walk-in
registration based on availability. Both events at the National Building
Museum, 401 F Street, NW, Judiciary Square stop, Metro Red Line.
Register for events at http://www.nbm.org.
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The Devil in the White City,
June 23
George Williams, george.williams2@dc.gov
Monday, June 23, 7:00 p.m., Martin Luther King, Jr., Memorial
Library, Social Sciences Division, Room 221. All the World’s a Stage
Book Club. Different countries, times and lives. Each book is an
adventure. Discuss the book, The Devil in the White City: Murder,
Magic, and Madness at the Fair that Changed America by Erik Larson.
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