Monthly Archives: April 2010

Democratic Party Positioning Fails

Yesterday I wrote that the Virginia Democratic Party’s statement on Gov. McDonnell’s requirement that felons submit an essay to have their rights restored was poor positioning.  Fortunately, other Democrats had better ideas—along the lines I suggested.

The Legislative Black Caucus in Richmond has the right focus.

In a statement, the Virginia Legislative Black Caucus said: “Governor McDonnell’s decision to use the executive power granted to him to transform the restoration of voting rights from an objective process to a subjective one that is contingent on an original essay for nonviolent offenders is taking a horrific step back towards the era of Jim Crow.“

Kent Willis, executive director of the ACLU of Virginia, said in a statement that the governor “appears to have reinstated the literacy test in Virginia” and that for people with limited education, the new requirement “is a nearly insurmountable obstacle.“

In the Virginian-Pilot that same positioning, while not a quote, held sway with the reporter.

Critics of the letter-writing concept have said it is reminiscent of literacy tests once conducted at polls to bar minorities from voting.

The only place the Democratic Party’s positioning on the issue appeared in yesterday’s rundown of stories in the commonwealth was on The Washington Post’s Virginia Politics Blog.

In the AP story, there was no mention of the Democrats position at all.  Again, it was up to the ACLU to get it right.

The American Civil Liberties Union accused the Republican governor Monday of imposing upon convicts the same Jim Crow tactic used to prevent black people from voting.
"The Governor appears to have reinstated the literacy test in Virginia," Virginia ACLU executive director Kent Willis said in a statement.

Another endemic problem with Virginia Democrats is the lack of message cohesion.  In addition to the Black Caucus and Democratic Party HQ issuing statements, we have another angle from two legislators, including the House Caucus Chairman and Minority Leader.

"By requiring nonviolent offenders to submit an essay, Governor McDonnell is returning to a ‘blank sheet’ voter registration system that in the past disenfranchised many African American voters," Plum said. "By creating an additional, unnecessary and egregious hurdle, McDonnell has violated the spirit, if not the letter, of the Federal Voting Rights Act."

Folks, you may want to talk to one another.

Pulitzers

Congrats to The Washington Post and Bristol, Virginia’s Herald Courier.

Comments Anon

The New York Times has an article on anonymous comments that doesn’t add a lot to the arguments you’ve read here before.  But this line from the story caught my eye.

No one

nobody knows you a dog

doubts that there is a legitimate value in letting people express opinions that may get them in trouble at work, or may even offend their neighbors, without having to give their names, said William Grueskin, dean of academic affairs at Columbia’s journalism school.

Call me “No One” Mr. Grueskin. I think people who have an opinion need to decide whether that opinion is strong enough for them to risk something to espouse it.  If they feel that it may hurt them at work or with their neighbors, then, as Archie bunker would say, “Stifle it.” 

 

McDonnell’s Plan for Felons: Tell Me a Story

Virginia Gov. Bob McDonnell’s call for felons to write an essay to gain back their voting rights is a thinly veiled attempt to minimize such requests.  But more important, it gives his administration the chance to deny anyone they want based on the essay.  What possible criteria can he devise for the essay that is not wholly dependent on subjective evaluation?

McDonnell (R) will require the offenders to submit an essay outlining their contributions to society since their release, turning a nearly automatic process into a subjective one that some say may prevent poor, less-educated or minority residents from being allowed to vote.

Virginia is one of only two states that require approval from the governor to restore felons’ rights.  Most states do so automatically once a sentence has been served.

What puzzles me is the Democrats’ response.

"It’s another roadblock," Sen. Yvonne B. Miller (D-Norfolk), a member of the Virginia Legislative Black Caucus, said when she was told of the change.

(It is surprising that in a story of more than 1,000 words that three-word sentence is the entirety of the Democrats’ viewpoint.  Whether that is the reporter’s fault for not seeking more comment or the Dems fault for not speaking up is unknown.)

We do have this statement by the state’s Democratic Party office (thanks to Blue Virginia):

"Governor McDonnell should immediately remove this costly and burdensome barrier for non-violent offenders to renew their voting and 2nd Amendment rights.  It’s mind-boggling that Governor McDonnell would choose to bury the Secretary of the Commonwealth’s office in unnecessary paperwork during a time of belt-tightening and budget cuts. Surely the Secretary’s valuable time could be used in more productive ways than grading essays for Governor McDonnell.

"If Governor McDonnell wants to improve Virginia’s prisoner reentry efforts, he should make it easier for those who have completed their sentence to fully integrate back into society. Instead, he chose to institute an unprecedented roadblock in a Commonwealth with a painful history of blocking voting rights. Given his experience last week, it’s shocking that the Governor would unnecessarily stumble on Virginia’s history yet again.

"Virginia now may have surpassed Kentucky as the state with the most obstacles to reintegration for non-violent offenders who have served their sentence. Virginians should not be subjected to more bureaucracy getting in the way of their rights to vote, hunt, or exercise any other Constitutional rights.

"This is yet another unnecessary side project by Governor McDonnell when Virginia is facing its highest unemployment rate in nearly 30 years. Right now, Virginians have to be wondering, what happened to ‘Bob’s for Jobs?’"

Why lead with how costly and burdensome it might be?  Why focus on administrative “roadblocks” and “bureaucracy”? 

The statement should have been more forthright.  Instead of trying to parse words, the Dems need to be more confrontational.  Something like this:

Just days after the anachronistic “Confederate proclamation,” Gov. McDonnell and the Republican Party have again demonstrated their underlying racial insensitivity with an egregious campaign to limit the vote by requiring the modern day equivalent of the literacy test.

This is a naked attempt to put the McDonnell administration, which is overwhelmingly white, to limit the voting rights of black people.  There is an overrepresentation of African-Americans in Virginia’s prisons, a result in part of biased application of the law.  Far more than half of the prison population in Virginia is African-American.

But whatever the ethnicity of Virginians who have paid their debt to society, Bob McDonnell is instituting a plan to require essays before their rights are restored.  It is a system fraught with subjective determinations that are likely to be used in a partisan way.

Given the recent acts of Virginia’s top lawyer, Attorney-General Ken Cuccinelli, we would likely see a prejudiced system designed to continue to deny rights to people who have paid their debt to society.

This smacks of literacy tests instituted in Virginia and across the South during earlier times in our history.  Those tests were designed to prevent people of color from voting. This appears to be McDonnell’s modern version of the literacy test.

Attack.  Repeat. Attack.  And stop throwing softballs.

Predictable Attack on “Left Wing Media”

Andrew Breitbart has done his job.  He’s offered to donate $100,000 to the United Negro College Fund to anyone who can provide proof that black Congressmen were called “nigger” during the days of the House debate on healthcare reform, thereby starting the narrative that charges of racism against members of the Tea Party folks are unfounded.

This is a typical right-wing attack on the media:  raise doubt about one incident and thereby cause the mainstream media to adopt the position that all all racism charges against the right-wing are unfounded.  If Breitbart can convince mainstream media that the right-wing has been wronged on one occasion, the media will sheepishly avoid the issue or write stories that always include the disclaimer that they are “alleged” charges or “never proven.”

But there are other charges of racism that are documented, including a voice message left (view clip below) on Congressman John Lewis’s (D-Ga.) voice mail.  If someone was willing to do that, it’s not a stretch to believe that someone in the crowd that day hurled such epithets. 

Breitbart has enlisted Washington Post ombudsman Andy Alexander in his campaign.

If there is video or audio evidence of the racial slurs against Lewis and Carson, it has yet to emerge. Breitbart insists they "made it up." If so, they’re good actors.

Roxana Tiron, a reporter for the Hill newspaper, said she was talking with a congressional staffer inside a House entrance to the Capitol when a "trembling" and "agitated" Carson said he and Lewis had just been called the N-word by protesters outside. "He literally grabbed me by the arm and . . . said ‘You need to come out with me,’ " imploring her to step back outside to listen to the taunts. Post reporter Paul Kane was nearby and witnessed Carson’s reaction. "It was real. It was raw. It was angry. It was emotional. And he wanted it documented," recalled Kane, who said U.S. Capitol Police prevented them from going outside. Carson later told the Associated Press the protesters had chanted the N-word "15 times." Breitbart told me the "phantom 15 words" is "beyond absurd."

Through spokesman Justin Ohlemiller, Carson stands by his assertion. The spokeswoman for Lewis, Brenda Jones, insists he and his chief of staff heard repeated uses of the N-word. They are declining interviews, she said, because they don’t want to "fan the flames of destructive language."

Breitbart’s $100,000 challenge may be publicity-seeking theater. But it’s part of widespread conservative claims that mainstream media, including The Post, swallowed a huge fabrication. The incidents are weeks old, but it’s worth assigning Post reporters to find the truth. After all, a civil rights legend is being called a liar. That aside, there’s serious money at stake.

Perhaps The Post will try to ferret out the truth about the charges at the rally.  The proof Breitbart wants is a video.  It is unusual but not impossible that no video existed.  This was not a planned event at which there were many cameras.  How many, I’m not sure, but the lack of videotape doesn’t not mean it didn’t happen.

What happens when a print reporter quotes someone, most likely without video and possibly without an audio tape?  Is that quote then subject to video proof? 

At the end of the day, the right may get its wish by raising doubt about just one incident of racism to disprove any charge of racism.  It will be interesting to see how the MSM reacts to the right’s broadside.  If past is prologue, look for a meek MSM to cower.

 

Visit msnbc.com for breaking news, world news, and news about the economy

The Poor Rich Folks

Whenever you read this

According to the Tax Foundation, this year the top 10 percent of earners are on the hook for about 73 percent of all the income taxes collected by Washington.

…somebody is about to tell you how skewed the tax system has become in favor of the middle class and poor.  They’ll talk about the unfairness of a system where 10 percent of the people pay 73 percent of all income taxes

First, keep in mind that they are only talking about the income taxes, not about sales taxes, real estate taxes, payroll taxes or other taxes that fall disproportionately on the middle class and poor.

Second, the reason that rich folks are paying more of the income taxes is because they make more of the money than ever before.  See “15 Mind-Blowing Facts About Wealth And Inequality In America.”

Cleveland Judge, Anonymous Commenter No More

This story is full of intriguing questions and monumental stupidity, all in the name of anonymous commenters on newspaper sites.

It seems a certain “lawmiss” was frequently commenting on Cleveland Plain Dealer stories, mostly about legal matters.  It turns out lawmiss is linked to an email account used by Cuyahoga County Common Pleas Judge Shirley Strickland Saffold—and her 23-year old daughter

The Plain-Dealer decided it was a story that a judge was anonymously commenting on legal matters, including some cases before her.  So it published her name in apparent violation of its privacy policy.  The judge has sued the newspaper for $50 million, saying that all the “lawmiss” comments were posted by her daughter, who accepted responsibility.  But, the judge’s lawyer,

…in an interview with ABC News, acknowledged for the first time Wednesday the possibility that Saffold posted comments under the moniker "lawmiss," which was set up on cleveland.com through an e-mail account used by the judge. Saffold last month denied leaving any lawmiss comments, and her daughter took responsibility for all of them.

First question, why would an educated woman in a sensitive official position be so stupid as to share an email account with her daughter?  Second question, why would a daughter be so moronic as to comment on cases over which her mother presides?  This pair deserves one another.  Third question, did the judge really post some of the comments herslef? 

County records show that three of the comments were left at the same time as someone using Saffold’s court computer was visiting cleveland.com….. The judge acknowledged in an interview last month that such comments would have been improper if she had made them.”

But why did the Plain Dealer out lawmiss?  The judge’s suit claims it was in retaliation for a lawmiss comment that disparaged a reporter’s relative.  (So be forewarned should you in a comment evoke the ubiquitous “mother f****r charge.)  Seriously, I don’t know what the remark was.

[Plain Dealer Editor Susan] Goldberg said last month that the issues raised by lawmiss’ comments outweighed any privacy interests of the poster. [Editor’s note:  Who died and made them God?] Goldberg noted that comments made were not about trifling matters. The posts related directly to two death-penalty cases involving Saffold as judge — the 2008 murder trial of former Cleveland firefighter Terrance Hough Jr. and the case of Anthony Sowell, accused of killing 11 women.

"What if it ever came to light that someone using the e-mail of a sitting judge made comments on a public Web site about cases she was hearing, and we did not disclose it?" Goldberg said last month. "These are capital crimes and life-and-death issues for these defendants. I think not to disclose this would be a violation of our mission and damaging to our credibility as a news organization."

The day the story was published, Sowell’s lawyer requested that Saffold recuse herself from hearing the Sowell case, arguing that the lawmiss comments showed bias. Saffold has not made a decision.

In the lawsuit filed Wednesday, [the judge’s attorney Brian] Spitz argues that the newspaper’s online editors looked up the lawmiss user registration information as a vendetta, because of the remark left about a reporter’s relative.

OK.  We know many journalists have notoriously thin skins, but why would you decide to out someone just after she disparaged a relative?  Not too much of a stretch for people to think it’s retaliatory.

And exactly what was the newspaper’s privacy policy?

Cleveland.com’s privacy policy was written by Advance Internet, a separate entity affiliated with The Plain Dealer. The privacy policy states, "We may also provide access to our database in order to cooperate with official investigations or legal proceedings, including, for example, in response to subpoenas, search warrants, court orders, or other legal process."

None of those apply except perhaps “other legal process.”   Wide latitude there.  But I think even the Plain Dealer would admit that the reason was journalistic, whether valid or not.

A lot of commenters on the site are outraged that their identities are vulnerable to the newspaper’s whims.  But its policy also states,

"In addition, we reserve the right to use the information we collect about your computer, which may at times be able to identify you, for any lawful business purpose. . ."

In other words, if use f**k a lot, the paper may give your personal information to a porn site!  Seriously, if you mentioned in a comment that you like working in the garden, the newspaper could give your email address to a gardening company.  After all, it’s “lawful business purpose.”

So add to the stupidity hall of fame anyone who thinks their comments will always remain anonymous.

And finally, to add a little irony,

Even as the lawsuit criticizes the newspaper for revealing the e-mail address linked to lawmiss, it says it expects the defendants to identify all anonymous commenters who criticized Saffold on cleveland.com. The suit lists those commenters as John Does and says they also are defendants.

So anonymous commenters, press your shirt, make sure your zipper is up and march on down to the county court.  You are about to live your worse nightmare.

McDonnell Must Love Washington Post’s Confederacy Proclamation Story

As most folks in my business would probably tell you, the most important parts of a newspaper story are, in roughly this order, the photo (if any), the headline, the lede and the last sentence.  More folks will see the photo and read the headline than will read the story.  A few more will read the first few graphs, maybe to the jump, and then abandon it.  The fewest will read the entire piece, and the last impression you give them in the story (the close) will have an impact.

With that in mind, I offer Anita Kumar’s story today in The Washington Post.  There are slights of writing that impact the readers’ perceptions.

In the dead-tree version, the story is in the upper left of page one, a fitting placement.  The proclamation by Virginia Gov. Bob McDonnell of “Confederate History Month” created a national furor and, of course, it’s a homegrown story.

The headline is “McDonnell admits a ‘major omission.’”  That’s pretty accurate.  He didn’t apologize for celebrating Confederate History Month, but only that he did not refer to slavery.  (Which is like referring to the oppression of the Jews in WWII without mentioning that that oppression was more than hurling epithets.)  Note that in the online version the headline is different but also accurate:  “Virginia governor amends Confederate history proclamation to include slavery.”

The lede, however, is another issue.

After a barrage of nationwide criticism for excluding slavery [emphasis added] from his Confederate History Month proclamation, Virginia Gov. Robert F. McDonnell (R) on Wednesday conceded that it was "a major omission" and amended the document to acknowledge the state’s complicated past.

The criticism was not just about “excluding slavery” from the proclamation; it was about the proclamation itself.  Why do we celebrate traitors to this country?  Why do we celebrate a movement that sought to preserve the most despicable of human institutions?

I’ll admit that some of the chatter I saw, heard and read the last two days  was a little wishy-washy on this issue.  Liberals, especially elected officials, didn’t want to go all the way there for fear of alienating Southerners who continue to cling the notion of the noble confederate.  But I think it’s fair to say that many people, especially those who’ve had little contact with the South, are baffled by this sanitized view of the Civil War.  Were there other issues besides slavery, for example, states rights?  Yes, but they stemmed from the issue of slavery; they were not separate and apart.  Why, those folks ask, do Southerners celebrate the Confederacy?

McDonnell and his supporters must be happy with the next two paragraphs as they give his original rationale for omitting slavery and his rectification of the mistake.  In fact, the entirety of the story before the jump is favorable to McDonnell—a man taking responsibility for his action and graciously calling two key critics.

After the jump, we see another headline:  “Despite apology, criticism of McDonnell continues.”  So where’s the evidence that criticism continues (though I’m sure it does)?  After a graph that details the changes to the proclamation, we have this curious graph:

But his decision to declare April Confederate History Month continued to cause a firestorm Wednesday, with national media descending on Richmond and Democrats and African Americans accusing the new governor of ignoring the state’s role in slavery.

Was the firestorm before or after McDonnell’s mea culpa?  If after, as is the logical interpretation, despite the lede, there is a firestorm over not just the omission of slavery in the proclamation, but the proclamation itself.  OK, where’s the evidence in the story?

From the point of the above graph, we have Sheila Johnson’s critical statement—made before McDonnell’s change of heart.  State Sen. Don McEachin, as Johnson an African-American, says he accepts McDonnell’s apology

…but said he was disappointed that the state had to undergo the embarrassment and national scrutiny that followed the proclamation. "It’s a black eye," he said.

That doesn’t criticize the proclamation but suggests that if it had included words about slavery it wouldn’t have been scrutinized.  Of course, there’s no way of knowing that.

Kumar then gives a little history of the proclamation and includes a statement by former Virginia Gov. and now Democratic Party chairman Tim Kaine that also seems to criticize McDonnell on the basis of the omission not the proclamation itself.

"Governor McDonnell’s decision to designate April as Confederate History Month without condemning, or even acknowledging, the pernicious stain of slavery or its role in the war disregards history, is insensitive to the extraordinary efforts of Americans to eliminate slavery and bind the nation’s wounds, and offends millions of Americans of all races and in all parts of our nation," he said.

So where is the voice to continued criticism?

Kumar then turns over the last five graphs to the Sons of the Confederacy, the group that requested the proclamation.The story ends with a quote that makes the group appear reasonable.

"All we’re looking for is an accurate history, which we don’t get in schools anymore or in the media," [Sons of Confederate Veterans national board member Brag] Bowling said. "The idea is to promote education in Virginia and tourism. Hopefully, we can still do that."

McDonnell and his allies must be pleased.  The article and jump headline allude to continued criticism but give no voice to it.  Meanwhile, the sons of traitors get to whitewash history and attack the media for not picking up a paint brush with them.

UPDATE:  The Post’s Robert McCartney has a thoughtful column on this issue, though I disagree with his conclusion that it’s justified to honor Confederate “heritage” because of Robert E. Lee’s “brilliant generalship.”

Cross posted on News Commonsense.

McDonnell Must Love Washington Post’s Confederacy Proclamation Story

As most folks in my business would probably tell you, the most important parts of a newspaper story are, in roughly this order, the photo (if any), the headline, the lede and the last sentence.  More folks will see the photo and read the headline than will read the story.  A few more will read the first few graphs, maybe to the jump, and then abandon it.  The fewest will read the entire piece, and the last impression you give them in the story (the close) will have an impact.

With that in mind, I offer Anita Kumar’s story today in The Washington Post.  There are slights of writing that impact the readers’ perceptions.

In the dead-tree version, the story is in the upper left of page one, a fitting placement.  The proclamation by Virginia Gov. Bob McDonnell of “Confederate History Month” created a national furor and, of course, it’s a homegrown story.

The headline is “McDonnell admits a ‘major omission.’”  That’s pretty accurate.  He didn’t apologize for celebrating Confederate History Month, but only that he did not refer to slavery.  (Which is like referring to the oppression of the Jews in WWII without mentioning that that oppression was more than hurling epithets.)  Note that in the online version the headline is different but also accurate:  “Virginia governor amends Confederate history proclamation to include slavery.”

The lede, however, is another issue.

After a barrage of nationwide criticism for excluding slavery [emphasis added] from his Confederate History Month proclamation, Virginia Gov. Robert F. McDonnell (R) on Wednesday conceded that it was "a major omission" and amended the document to acknowledge the state’s complicated past.

The criticism was not just about “excluding slavery” from the proclamation; it was about the proclamation itself.  Why do we celebrate traitors to this country?  Why do we celebrate a movement that sought to preserve the most despicable of human institutions?

I’ll admit that some of the chatter I saw, heard and read the last two days  was a little wishy-washy on this issue.  Liberals, especially elected officials, didn’t want to go all the way there for fear of alienating Southerners who continue to cling the notion of the noble confederate.  But I think it’s fair to say that many people, especially those who’ve had little contact with the South, are baffled by this sanitized view of the Civil War.  Were there other issues besides slavery, for example, states rights?  Yes, but they stemmed from the issue of slavery; they were not separate and apart.  Why, those folks ask, do Southerners celebrate the Confederacy?

McDonnell and his supporters must be happy with the next two paragraphs as they give his original rationale for omitting slavery and his rectification of the mistake.  In fact, the entirety of the story before the jump is favorable to McDonnell—a man taking responsibility for his action and graciously calling two key critics.

After the jump, we see another headline:  “Despite apology, criticism of McDonnell continues.”  So where’s the evidence that criticism continues (though I’m sure it does)?  After a graph that details the changes to the proclamation, we have this curious graph:

But his decision to declare April Confederate History Month continued to cause a firestorm Wednesday, with national media descending on Richmond and Democrats and African Americans accusing the new governor of ignoring the state’s role in slavery.

Was the firestorm before or after McDonnell’s mea culpa?  If after, as is the logical interpretation, despite the lede, there is a firestorm over not just the omission of slavery in the proclamation, but the proclamation itself.  OK, where’s the evidence in the story?

From the point of the above graph, we have Sheila Johnson’s critical statement—made before McDonnell’s change of heart.  State Sen. Don McEachin, as Johnson an African-American, says he accepts McDonnell’s apology

…but said he was disappointed that the state had to undergo the embarrassment and national scrutiny that followed the proclamation. "It’s a black eye," he said.

That doesn’t criticize the proclamation but suggests that if it had included words about slavery it wouldn’t have been scrutinized.  Of course, there’s no way of knowing that.

Kumar then gives a little history of the proclamation and includes a statement by former Virginia Gov. and now Democratic Party chairman Tim Kaine that also seems to criticize McDonnell on the basis of the omission not the proclamation itself.

"Governor McDonnell’s decision to designate April as Confederate History Month without condemning, or even acknowledging, the pernicious stain of slavery or its role in the war disregards history, is insensitive to the extraordinary efforts of Americans to eliminate slavery and bind the nation’s wounds, and offends millions of Americans of all races and in all parts of our nation," he said.

So where is the voice to continued criticism?

Kumar then turns over the last five graphs to the Sons of the Confederacy, the group that requested the proclamation.The story ends with a quote that makes the group appear reasonable.

"All we’re looking for is an accurate history, which we don’t get in schools anymore or in the media," [Sons of Confederate Veterans national board member Brag] Bowling said. "The idea is to promote education in Virginia and tourism. Hopefully, we can still do that."

McDonnell and his allies must be pleased.  The article and jump headline allude to continued criticism but give no voice to it.  Meanwhile, the sons of traitors get to whitewash history and attack the media for not picking up a paint brush with them.

UPDATE:  The Post’s Robert McCartney has a thoughtful column on this issue, though I disagree with his conclusion that it’s justified to honor Confederate “heritage” because of Robert E. Lee’s “brilliant generalship.”

Cross posted on Commonwealth Commonsense.