Clinton endorsed? Say it ain't so!

The Des Moines Register's endorsement of Hillary Clinton baffles Texas Democrats like me. With her high negatives, especially in red states, Hillary potentially could electrify the dispirited Republican base, jolting them from their apathy. Their loathing may cause her to have negative coattails that could sweep a number of Democratic legislators (such as East Texas Democrats) from their seats and undercut Democratic challengers around the country. Such an outcome could reshape the country for a generation to come.

State legislatures have the power to redistrict in ways that solidify the power of the majority party, as Tom DeLay’s allies in the Texas legislature demonstrated in 2003. DeLay's plan cost Texas four of five Democratic members of Congress targeted by redistricting. Blue state voters may underestimate the potential negative impact of a Hillary nomination on congressional and legislative races in red states.

If I’m right, a Hillary candidacy would be costly for the chances of Democrats to make gains needed in order to get their agenda through Congress. For a decade Republicans have diverted money previously invested in the health, education, and general welfare of Americans away from our own citizens into a bottomless pit to fight the global war on terror. If her nomination weakens the Democratic Party's control of Congress, as it might, whatever legislation Hillary is able to get through Congress is likely to look more like the Republican agenda than a Democratic one - assuming she can even win the election. That would be a real shame.

Seeking justice in a questionable new power

The power Congress granted to the U.S. Attorney General to unilaterally declare that certain states have the right to fast track death penalty cases is fraught with the potential for abuse and mistakes. The system of justice in this country is too prone to human failings of error and sin to make it advisable for fast-track power to be given to anyone. But since Congress did so in the reauthorization of the USA PATRIOT Act, it is incumbent on the DOJ to provide checks and balances to offset the likelihood of problems.

Too many of those convicted of capital crimes have been given inadequate representation when they have been unable to afford to hire an attorney. Here in Texas we have had legal counsel appointed who fell asleep or didn't ask a single question to challenge the case against their client. They have not been provided with financial resources to investigate whether there might be exonerating evidence either.

Both competent counsel and adequate resources to investigate should be a prerequisite before any effort to fast track is done.

Other problems include the many incentives in the system for district attorneys, law enforcement officials, prosecutors, and judges to act in haste or even with malice or other self-interest in pushing for the death penalty. Politically, it has been a winning campaign issue in most of the country to be perceived as tough on crime and pushing for the maximum punishment. The fact that promotions and personal advantage often ride on being perceived as tough on crime make this an area ripe for abuse.

In addition, problems with the way a police line-up was conducted have led to false identification of suspects by eye-witnesses and victims.

In the past few years, new evidence has led to the overturning of numerous convictions in cases where innocent people have been given the death penalty. The death of even a single person innocent of the crime calls into question the whole rationale for the death penalty.

Stringent safeguards ought to be put in place. The Attorney General should do any fast-tracking only after consultation with those whose career advancement doesn't depend on being perceived as tough on crime. The inclusion of members of the Innocence Project and those who lean against the death penalty, as well as those that support it should be a critical component in order to have a broad and diverse group of people providing input, particularly when a penalty of life or death is involved. That diverse input should be built into the system.

The regulations the DOJ puts in place should be written with these questions in mind:

What will the DOJ do to ensure that those convicted of capital crimes are fully informed? Will the DOJ mandate the presentation of the fast track timeline to each prisoner at the time of sentencing? Will you put into place guarantees that failure to provide that information in a way that the defendant can access (orally for those who cannot read, in Spanish for those who lack English, etc.) should be grounds for ineligibility for a fast track process?

That would be a way to discourage misguided or corrupt officials from throwing roadblocks in the way of those trying to appeal a conviction. For Christians and Jews, God is clear (see Exodus 24:7) that it is immoral to put an innocent person to death.

The Hillary Blues Should Be Seeing Red

Recent polling in California puts Hillary's support among likely Democratic voters at 49%. Trailing by wide margins were Barack Obama at 19% and John Edwards at 10%.

Blue state supporters of Hillary must not have gotten in touch with what her high negative numbers mean. As a Democratic activist in Texas, hearing poll results like this scares the bejeebers out of me. Even a good many Democrats here have negative feelings about Hillary -- a visceral repugnance, not just mild distaste. A state party leader told me he believes that if Hillary is the Democratic nominee all the East Texas Democrats in the legislature can kiss their seats goodbye, which would hurt Democrats in Texas for a generation by decimating the party here and throughout the South. (With legislatures in charge of drawing boundary lines for congressional districts, even incumbent Dems in Congress are vulnerable, as Texas Democrats saw under Tom DeLay's tenure.) I took his words seriously, but checked his perception with a female district judge, someone I trust and know is progressive. She too says Hillary would be disastrous for Democrats in Texas, and probably in other red states as well.

If Hillary is the nominee, some of the most effective negative ads against her probably won't even be swiftboat-type ads. No, they'll just run pictures of times she was caught with a remarkably sour look on her face. Two occasions stick out in my memory. One was during a State of the Union speech during Bush's first term. The other was during the 2004 Democratic National Convention as Howard Dean began to speak. As Dean supporters began to roar, cameras turned, catching Hillary and Chelsea sipping wine in a private box as a most unlovely look crossed Hillary's face. Howard Dean is beloved by many and is much respected by red state activists grateful for his "50 State" strategy after years of the DNC sucking money out of Democrats in red states without reinvesting any of it in building up the party in our states. Sneeriing about Bush will kill her with independents and disaffected Republicans, and sneering at Dean will be turn off others. Put those together and I believe she's unelectable, no matter how much apparent disarray the GOP seems to be in. Remember who controls most of the airwaves in this country. They'll have endless opportunities to rant and rave and bash.

I wish Hillary's supporters would pause and take stock. But of course the corporate media is very fond of Hillary and Bill since Bill supported the 1996 Telecommunications Act which allowed vastly more consolidation of their industry. So they'd love her to be the Democratic nominee (if not necessarily President), and you can bet negative pieces on her will be few and far between--until after the nomination. (Perhaps Rupert Murdoch's meeting with Hillary not long ago should alert the grassroots.) As fond as Big Media is of the Clintons, they still prefer Republicans because the GOP is even more open-handed about giving away the public airwaves to their great profit than was Bill. If Hillary were to be the nominee, you can bet they'd be glad to put up with her--if they can't get someone even better for their bottom line. With a Republican president they wouldn't have the slightest worry that healthcare reform would be enacted, where a Democratic president - even one so cozy with big corporations- might pose a risk. I suspect they are hoping Hillary is our nominee, but will turn on her in the end. As we saw with Dean, the MSM can shut a campaign down in short order if they want to. They can and do shape perceptions very effectively - and have mastered the art of playing on our emotions.

Censure?! Hell, No, We Need to Impeach Them!

I cannot tell you how frustrated I am to see anyone suggest we censure the President and Vice-President. Censure? Where is that in the Constitution? What does it do? Absolutely nothing!

Impeachment is the only thing that can restore our Constitution and roll back these terrible, unlawful precedents so that future presidents cannot claim them.

If you haven't seen the Bill Moyers Journal interview of Bruce Fein and John Nichols on the topic of impeachment, you should. Go to pbs.org and follow links to Bill Moyers Journal.

Congress is way behind the American people on this. In fact, they are standing in our way. If they won't do something, they should all resign and get out.

Wake Up, Congress! Your Public Has Spoken

The culture of corruption coming from Washington has raised a stench that got my attention here in the Texas Hill Country. Like any American paying attention, I was appalled at the out-of-control and secretive earmarks, the blatant exchange of money for votes on favorable legislation, the favoritism shown to lobbyists and the legislation they pushed based on connections and donations, and allowing them to provide wording on bills. These practices are bad for the country and subvert the people's vested interest in good governance.

Now there is the opportunity to have reforms and get a fresh start. Setting the rules for lobbyists, legislation, and ethics is a high priority for almost all citizens of whatever party. We want to see very strong measures to prevent the same old practices from creeping in. There is truth in the idea that power corrupts and all those in powerful positions need checks on it. That is why Americans want a separate Office of Public Integrity, as is proposed in the Lieberman-Collins Amendment in the Senate. We also want an end to anonymous earmarks. Congress should not be in the position of policing itself. It is all too clear they do not do a good job of it.

Many Americans have woken up from complaisance and are scrutinizing every action of Congress very carefully to see if it adheres to principles of ethics and our Constitution. Real ethics reform with teeth in it is essential to restoring a sense of confidence in our government. We want change, and we want it now. Listen up, Congress.