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Czar Wars
The nomination of Gen. Douglas E. Lute as the new White House "war czar" raises the old question of what a "czar" is and why they are needed.
According to Wikipedia, a "czar" (sometimes "tsar") is basically an emperor:
Originally, and indeed during most of its history, the title tsar meant Emperor in the European medieval sense of the term, i.e., a ruler who has the same rank as a Roman or Byzantine emperor due to recognition by another emperor or a supreme ecclesiastical official (the Pope or the Ecumenical Patriarch).Ralph Peters at The New York Post explores the latter question, arguing that the appointment of various "czars" is an indulgent and frivolous exercise. Unfortunately, just as I'm nodding in agreement, Peters' train of logic leaps the tracks and nosedives into a perplexing abyss:
I worked for the most effective "czar" of the past half-century. As director of the Office for National Drug Control Policy, retired Gen. Barry McCaffrey did a remarkable job of getting the government's cats and dogs (and not a few monkeys) to work together for the common good.Here we go again. Drug war supporters talk about Barry McCaffrey like conservatives talk about Ronald Reagan, an unfortunate but necessary absurdity now that the name John Walters has become highly toxic even within Congress and the anti-drug community.
But the major players could blow off even McCaffrey. The general could beat our nation's deadly enemies, but not the Washington bureaucracy.
Apparently, it really is necessary to point out that America wasn't drug-free from 1996-2001 and that Barry McCaffrey's legacy would be considered disastrous outside the accountability-free sphere of revisionist drug war history.
Of course, it's also possible that Peters knows "our nation's deadly enemies" are far from beaten and is merely shielding himself from the wrath of accused war criminal Barry McCaffrey. In either case, this article, which questions the efficacy of appointing various war czars, while simultaneously casting Drug Czar Barry McCaffrey as a glorious hero, is a confusing thing to have bothered writing.
Chronicle
Drug War Chronicle Book Review: "The Heroin Solution" by Arnold Trebach (2nd ed., 2006, Unlimited Publishing, 330 pp., $19.99 pb.)
Arnold Trebach wrote "The Heroin Solution" in 1982. That it is still relevant and relevatory is a sad commentary on how far we've come since then. We review it on the occasion of its republication.
Chronicle
Feature: US Sentencing Commission Again Calls on Congress to Fix Crack-Powder Cocaine Sentencing Disparity
The US Sentencing Commission has again called on Congress to act to reduce sentencing inequities around the federal crack cocaine laws. Will Congress finally listen this time?
In The Trenches
DPA Press Release: US Sentencing Commission urges Congress to Reduce Crack/Powder Cocaine Sentencing Disparity
For Immediate Release: May 17, 2007
Contact: Jasmine L. Tyler at 202-294-8292
US Sentencing Commission urges Congress to Reduce Crack/Powder Cocaine Sentencing Disparity
Experts to Brief Congress on Current Cocaine Policy and the Need for Reform
Washington, DCâCriminal justice experts will hold briefings on the crack/powder cocaine sentencing disparity for Congressional staffers on Monday, May 21. They will discuss the United States Sentencing Commissionâs (USSC) May 2007 Guideline Amendment and Report to Congress. Joining the panel will be Hilary Shelton from the NAACP, Pat Nolan from Prison Fellowship, and Lisa Rich from the USSC. These briefings will be moderated by Jessalyn McCurdy of the ACLU and Marc Mauer of The Sentencing Project. The briefing is co-sponsored by the Drug Policy Alliance.
*********************************************************************
WHAT: Reforming Crack and Powder Cocaine Sentencing Briefing for Congressional staffers
WHO: Members of Congress and staff, media, policy advocates, stakeholders, treatment providers, faith leaders
When: Monday, May 21
House Briefing: 9 a.m. - B340 Rayburn House Office Building
Senate Briefing: 2 p.m. - 485 Russell Senate Office Building
*********************************************************************
Twenty years ago when the crack cocaine sentencing laws were first passed by Congress, the United States faced a panic about the alleged âcrack epidemicâ and operated under the impression that crack had inherent properties that made it infinitely more dangerous than powder cocaine. These reports, which served as the basis for the huge disparity, have since been found to be fundamentally flawed, rendering the 100-to-1 disparity arbitrary and capricious. Further, these laws have proven ineffective in reducing drug use or distribution and have instead exacerbated racial disparity and injustices in our criminal justice system.
The USSC has taken the lead on eliminating the crack/powder sentencing disparity by amending the federal sentencing guidelines to lessen the punishment range for crack cocaine cases by approximately one to two years. The Commission also urged Congress to reform federal mandatory minimum sentences to reduce the statutory disparity. Currently, there is growing bipartisan support for reforming the crack/powder disparity. There are two house bills pending and a similar one before the Senate.
# # #
In The Trenches
DPA Press Release: Lawmakers, judges, and advocates rebuke Gov. OâMalleyâs veto of sentencing reform bill
For Immediate Release: May 17, 2007 Contact: Naomi Long (202) 669-6071 or Laura Jones: (202) 425-4659
Lawmakers, judges, and advocates rebuke Gov. OâMalleyâs veto of sentencing reform bill;
OâMalley âclinging to the failed policies of the pastâ in a âlapse of leadershipâ
Coalition vows to continue educating OâMalley, promoting treatment instead of prisons
AnnapolisâA coalition of advocates, law enforcement officials, drug treatment providers and policy experts today denounced Governor OâMalleyâs veto of a bill that would have provided the possibility of parole for non-violent drug offenders. The sentencing reform bill, HB 992, was one of the only bills vetoed by OâMalley, despite its support from the legislature, the coalition, and the editorial pages of the Washington Post and Baltimore Sun.
âThe veto is a disappointing mistake,â said Justice Policy Institute executive director Jason Ziedenberg. âInstead of taking a baby step in the right direction towards treatment instead of prison, OâMalley is stubbornly clinging to the failed tough on crime policies of the past. The governor failed to show leadership and vision in this decision.â
States across the country have taken steps to reform ineffective mandatory sentencing laws that remove discretion to consider the individual facts of the case. Newly-elected Massachusetts Governor Deval Patrick (D) recently called for wide ranging mandatory minimum sentencing reform. Newly-elected New York Governor Elliot Spitzer added language in his budget for a prison closure commission, and is considering a bill to further reform the stateâs Rockefeller Drug Laws. Under the comparatively modest Maryland reform, individuals convicted of a 10-year sentence for a nonviolent drug reform would have been eligible for, but not guaranteed, parole. Individuals convicted of violent crimes would serve the full 10-year sentences.
âGovernor OâMalley has put Maryland out of step with other states that are moving in the direction of smarter, more effective sentencing policies,â said Naomi Long, Director of the Drug Policy Alliance District of Columbia Metropolitan Area project. âThis veto was a lapse of leadership, and hurts Marylandâs efforts to implement the kinds of real reforms that would actually make a difference.â
The state of Maryland spends millions of dollars each year incarcerating nonviolent drug offenders, the vast majority of whom would be better served by drug treatment options. A recent report by the Justice Policy Institute found that Maryland's sentencing laws disproportionately affect communities of color and may be the least effective, most expensive way to promote public safety.
âThe fight for more effective and fair sentencing policies isnât over,â said Delegate Curtis Anderson (D-Baltimore), a sponsor of the legislation. âMaryland voters want more fair and effective sentencing policies. We will keep working with the Governor to implement those reforms.â
The Partnership for Treatment, Not Incarceration supported HB 992, and is a consortium of organizations and individuals including members of faith communities, public health and drug treatment professionals, public defenders, judges, police and other law enforcement.
For more information about bill, or to interview spokespeople who can respond, contact Naomi Long (202)669-6071. To learn more about sentencing reform work in Maryland, visit: www.justicepolicy.org and www.drugpolicy.org .
In The Trenches
CMMNJ Press Release: Jim Miller to push wheelchair across New Jersey for Medical Marijuana
FOR IMMEDIATE RELEASE: May 16, 2007
For more info, contact: Ken @ (609) 394-2137
Jim Miller to push wheelchair across New Jersey for Medical Marijuana
WHAT: Wheel chair march across New Jersey to dramatize plight of patients who are suffering needlessly due to legislatureâs failure to pass medical marijuana bill (S 88 & A 933).
WHO: Jim Miller, co-founder of the Coalition for Medical Marijuana--New Jersey, Inc., and Libertarian Party candidate for state senate from 10th District. Libertarian Party members, patients and friends will join Mr. Miller at the start of the march.
WHEN: Sunday, May 20, 2007 at 12 noon (start) through Tuesday, May 22, 2007, 11 a.m to 1 p.m. rally in Trenton (finish).
WHERE: March starts at Captain Hooks Bar, 1320 Boulevard, Seaside Heights, NJ, crosses Rt. 37 Bridge and stops for lunch at The Pier, 3430 Rt. 37 east, Toms River. March proceeds to Rt. 9 to Rt 33 to Trenton.
Jim Miller, the co-founder of the Coalition for Medical Marijuana--New Jersey, Inc., (CMMNJ) will once again push his wife, Cherylâs memorial wheelchair across the state of New Jersey starting Sunday, May 20, 2007 at 12 noon in order to call attention to patients who are suffering needlessly because they are denied access to medically recommended marijuana.
Cheryl Miller, who died in 2003 from complications of Multiple Sclerosis, was a medical marijuana user and a tireless advocate for the right of patients to use this drug. âCheryl Miller died without ever being able to use marijuana legally in New Jersey, despite the fact that marijuana eased her muscle spasms more effectively than any other drug and did so safely and with minimal side effects,â said Ken Wolski, RN, Executive Director of CMMNJ. See www.cherylheart.org for more details.
Jim Miller is also this yearâs Libertarian Party candidate for state senator from New Jerseyâs 10th District. Libertarian Party members, patients, and friends will accompany Mr. Miller on the first leg of his march, from Captain Hooks Bar, located at 1320 Boulevard, Seaside Heights, across the Rt. 37 bridge to The Pier restaurant in Toms River, where they will stop for lunch. For more details of this yearâs march, see: http://www.njlp.org. Mr. Miller said it has been 14 years since the last time he pushed his wifeâs wheelchair across New Jersey, in May 1993. This year, Mr. Miller is expected to arrive in Trenton on Tuesday, May 22, 2007 at approximately 11 a.m. There will be a rally on the steps of the State House in Trenton when Mr. Miller arrives, until 1:00 p.m.
The Coalition for Medical Marijuana--New Jersey, Inc. is a non-profit educational organization. CMMNJ has public meetings on the second Tuesday of every month at the Lawrence Township (Mercer County) Library, from 7:00 PM until 9:00 PM. All are welcome. Light refreshments are served. For more info, contact:
Ken Wolski, RN, MPA, Executive Director
Coalition for Medical Marijuana--New Jersey, Inc.
844 Spruce St., Trenton, NJ 08648
609.394.2137 www.cmmnj.org [email protected]
In The Trenches
Press Release: Home of the Free???
For Immediate Release: May 16, 2007
Contact: E.C. Danuel D. Quaintance, Church of Cognizance at (928) 485-2952
I ask for nothing more than open minds to examine the possible consequences of putting scriptural interpretations of a recognized religion to a test, in order to decide if that religion qualifies for First Amendment protections. It is not uncommon amongst followers of various faiths to interpret their common faith in different ways. The Supreme Court stated, in Thomas v. Review Board, âIntrafaith differences of that kind are not uncommon among followers of a particular creed, and the judicial process is singularly ill equipped to resolve such differences in relation to the Religion Clauses,â then went on to instruct that âCourts are not arbiters of scriptural interpretations.â This human freedom to interpret the scriptures as we see them was something most Americans take for granted. This freedom is not something small churches can take for granted any longer. The attack against a small church, and religious interpretations in general, has begun in a U.S. District court in New Mexico.
New Mexico follows prior decisions of the 10th Cir. Courts. The 10th Circuit upheld the use of a test in the District of New Mexico, which originated in deciding if the beliefs of a newly established, one-man, religion qualified to receive First Amendment protection. The test has become known as the Meyers Matrix. The use of the Meyers Matrix test was never challenged in the Supreme Court of the United States. Now the Meyers test has been inappropriately used to test if a religious group of a recognized religion deserves protections under the Religious Freedom Restoration Act, RFRA. Testimony of cultural anthropologist Dr. Deborah Pruitt, PhD, who specializes in many non-mainstream religions, revealed the Meyers test is highly skewed against a great number of recognized religions.
Government, in an attempt to avoid the requirement of showing âa compelling government interestâ for burdening the free âExercise of Religionâ, has chosen a new and innovative path of getting around that requirement. First government attorneys declared the religion was âa Bastardized formâ of the religion. Then went on to declare, what synonymously amounts to claiming because the leader of a Christian church was no Christ, the church did not deserve the constitutional protection a religion enjoys. This wasnât enough insult to freedom of religion, government turned to a Priest of another sect of the religion, as an expert witness, in an attempt to prove another religious group incorrectly interprets the teachings, practices, and modes of worship of their common faith. This move showed a total disrespect for prior decisions of the Supreme Court, like the one quoted above.
In the end it didnât matter that government attempted to test one sect against another. Governmentâs hoped results from such an attempt backfired. The testimony of governmentâs expert witness from the common faith ended up showing the small group might actually more correctly interpret many elements of their common faith.
With the prior method failing it was up to the, recently appointed, Federal Judge to put the hammer down. U.S. District Judge Judith Herrera had her own methods of depriving religious freedoms. She decided to count the elements that were not met in the Meyers test, and then call that which was met âdicta,â which allowed her to not count that part of the test when arriving at a deciding average of whether or not the beliefs qualify for religious protections. By that move, and a determination that the âmantraâ considered the âmoral and ethical compass,â of this recognized religion, provided no moral or ethical guidance, the judge ruled that not enough factors of the Meyer Matrix were met to qualify for religious protections under RFRA or the First Amendment.
End of story, the beginning of the end of a once highly honored protection amongst Americans. The only hope now is through contacting your representatives and asking them to investigate and put a halt to this disregard for cherished human rights.
For more information visit http://danmary.org
In The Trenches
Green Party Press Release: War on drugs is a war on youth, people of color
For Immediate Release: May 16, 2007
Contacts: Scott McLarty, Media Coordinator, 202-518-5624, [email protected] & Starlene Rankin, Media Coordinator, 916-995-3805, [email protected]
*Greens call for realistic debate in the 2008 Presidential race on the War on Drugs
*Democratic and Republican politicians are ignoring the human and economic devastation caused by failed drug policies, unjust laws, and targeting of young people, the poor, and African Americans and Latinos, say Green Party leaders
WASHINGTON, DC -- Green Party leaders called for a national discussion on how the US's 'war on drugs' has turned into a war on young people, the poor, and African Americans, Latinos, and other people of color.
"The human and economic devastation caused by the war on drugs is missing from the range of debate among both Democratic and Republican presidential candidates. Politicians from these parties, when asked about drug policies, prefer to posture about law and order and endorse failed measures. These politicians don't realize that going along to get along makes one complicit said Cliff Thornton, Green candidate for Governor of Connecticut in 2006 and co-founder of Efficacy, Inc. , which promotes major reforms in drug policy.
Greens cited a study by the American Civil Liberties Union ("Cracks in the System: Twenty Years of Unjust Federal Crack Cocaine Law," October 2006, ), 37% of people arrested, 59% of people convicted, and 74% of those sent to prison are African American, even though only 15% of drug users are African American.
The Associated Press has reported that "a record 7 million people -- or one in every 32 American adults -- were behind bars, on probation or on parole by the end of last year, according to the Justice Department.... From 1995 to 2003, inmates in federal prison for drug offenses have accounted for 49 percent of total prison population growth."
In state prisons, 260,000 people were serving sentences on nonviolent drug charges in 2005, of whom more than 70% were African American or Latino . The Department of Justice's Bureau of Justice Statistics reports that nearly one in eight drug prisoners (45,000 Americans) are behind bars for marijuana-related offenses.
Green leaders also strongly criticized the punitive denial of financial aid to students with drug convictions, and supported Students for a Sensible Drug Policy in their effort to persuade Congress to reinstate such aid.
"The war on drugs is an excuse to ignore the US Constitution's prohibition on cruel and unusual punishment, with long prison sentences for minor and nonviolent offenses. The drug war is meant to be waged, not won," added Mr. Thornton. "This is in part a result of pressure on elected officials from the private prison industry lobby, which seeks to build new prisons and fill up cells in order to win government giveaways and increase corporate profits. The Green Party calls for a public debate that challenges the rhetoric of Democratic and Republican politicians who are under influence of these companies, and that recognizes how the war on drugs has only resulted in more crime and violence."
"We need to stop spending $50 billion a year on the drug war, and use that money for treatment. We need to repeal mandatory sentencing laws, which override judges' discretion in determining prison time, and 'three strikes' laws that send people -- mostly the poor and people of color -- away for life on nonviolent and minor felonies," said Kevin Zeese, 2006 candidate for the US Senate candidate in Maryland and president of Common Sense for Drug Policy .
The Green Party's national platform endorses decriminalization of victimless crimes, such as the possession of small amounts of marijuana; an end to the war on drugs; expanded drug counseling and treatment; and an end to arrest of 'medical marijuana' arrests and prosecution.
"Law enforcement should focus efforts on organized crime, including the laundering of drug money at banks, rather than on street-level drug trade, in which kids who get arrested -- or killed -- are quickly replaced," said Nan Garrett, Co-Chair of the National Women's Caucus of the Green Party and 2002 candidate for Governor of Georgia. "Addictive use should be treated as a medical and social problem. Locking up addicts in stressed prison environments, with minimal effort to address the addiction itself, and then freeing them to go back into the same circumstances that led to their abuse of drugs has only aggravated the problem of addiction. Greens endorse rational solutions to the problems of drug abuse that are based on science and health, compassion for addicts and their families, reduction of harm rather than moral judgment, and respect for basic civil liberties and principles of justice."
Chronicle
Hemp: California Bill Passes Assembly
A bill that would eventually allow California farmers to grow hemp has passed the state Assembly and is expected to pass the Senate. Last year, Gov. Schwarzenegger vetoed a similar bill.
Chronicle
Sentencing: Maryland Governor Vetoes Bill To Give Two-Time Drug Sales Offenders Parole Eligibility
Maryland Gov. Martin O'Malley Wednesday vetoed a bill that would have allowed second-time drug sales offenders parole eligibility. Instead, they will remain locked up doing 10-year mandatory minimum sentences.
Chronicle
Pregnancy: New Mexico Supreme Court Strikes Down Law Criminalizing Drug Use By Mothers-To-Be
An amicus brief by advocates strongly made the case that prosecutions drive pregnant women away from the health care system and thereby hurt, not help.
Chronicle
Sentencing: Nevada Supreme Court Justices Ask Legislature for More Discretion, More Funding for Drug Courts
With Nevada prisons bursting at the seams, state Supreme Court justices went to the legislature Monday to ask for more discretion in sentencing and more funding for drug and mental health courts.
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New Jersey Lightening Up on Lawyers
According to the New Jersey Law Journal, via Law.com, the NJ Supreme Court has shifted away from a 20-year-old policy of suspending lawyers convicted of cocaine possession, instead merely censuring a Wayne-based workers compensation and personal injury attorney for it:
The court, in an order made public on Tuesday, took one step further a recommendation for lenience made by the Disciplinary Review Board, which suggested a "suspended" three-month suspension for the lawyer, Wayne, N.J., solo Anthony Filomeno, in view of his demonstrated remorse, rehabilitation and early release from a year-long pretrial intervention program.Now maybe they'll go a little softer on the rest of the drug-using public...
Chronicle
DRCNet Member Offer: Stand Up for Freedom with 4th Amendment T-shirts from Flex Your Rights
Educate and motivate your friends to respectfully assert their rights during police encounters, with these fourth amendment t-shirts from our friends at Flex Your Rights!
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