When does “looting” become legal?

The events following Katrina have raised disturbing questions about what to do about “looting” in situations such as those.

One grants that looting just for the sake of personal enrichment or to take advantage of another person’s weakness is wrong on both legal and moral grounds.

But what about looting for survival? If people are hungry and thirsty, is it appropriate for them to break into a locked store and take food and water, against the wishes of the owner? Or what if they steal a vehicle to escape from danger? In this Reuters photograph by Rick Wilking Reuters3_L.jpg the caption reads “Texas game wardens force people who used a mail truck to escape the flooded areas of East New Orleans to lie on the highway Aug. 31, 2005. The people were freed but forced to continue on foot.” The photograph clearly indicates that the people were being treated like criminals.
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Why we should leave Iraq immediately

(Text of the talk prepared for the Camp Casey meeting held on Friday, September 9, 2005 at Church of the Savior, Lee Road, Cleveland Heights.)

I suspect that most of us who are here are people who opposed the war on Iraq from the beginning. So I will not spend time making the argument that a country that waged an immoral and illegal war after selling it to the nation and the world under the false pretenses of weapons of mass destruction is not a country that should be allowed to continue its domination of the country it conquered.

Instead, I will address my remarks to those of us who are genuinely upset at the death, injuries, and havoc that has been wreaked on both the Iraqi people and the American soldiers occupying that country and their families back home. Such well-meaning people now seek to salvage whatever good that can be extracted from an essentially impossible situation, a situation that has been created by the political leadership of this country who either knew, or should have known, better and yet recklessly went ahead with this disastrous policy.
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Reflections on the Camp Casey event

Last Friday evening (September 9) I moderated the event where the traveling members from Camp Casey spoke. It was gratifying to see an overflow crowd at the event, suggesting that there is real concern that something has to be done about the stalemate that is now in Iraq.

The main speakers at this event were members of the bus tour that is going around the country calling for an end to the war. These are people who are members of Gold Star Families for Peace (people who have had family members who died while serving the US military in Iraq) and/or members of Military Families Speak Out and/or members of Veterans for Peace. We were welcomed at the beginning by Rosemary Palmer who is the mother of Edward “Augie” Schroeder who was one of the fourteen Ohio marines who died on a single day in August and who, with Augie’s father Paul Schroeder has since been speaking out against the war.

This nationwide bus tour is an outgrowth of the activities at what was known as Camp Casey in Crawford, TX. Cindy Sheehan, the mother of Casey Sheehan who was killed in Iraq, initially pitched a tent near Bush’s ranch in an effort to confront President Bush with questions about the purpose of the war in Iraq. When he refused to meet her, the protest suddenly swelled until it became in effect a tent city.

Once Bush left Crawford at the end of his vacation, the people at the site fanned out on buses to various places, to finally convene in Washington DC on September 21, just before the planned March on Washington on September 24 to protest the Iraq war. (There will buses going from Cleveland. For details of the march and how you can join or help, please see Post Script below.)

One of the people who spoke was Bill Mitchell of California whose son was killed in Sadr City on the same day as Casey Sheehan. This sad coincidence caused him to bond with Cindy Sheehan and together they co-founded Gold Star Families for Peace. The other speakers had close relatives serving in Iraq right now.

It was a very moving evening, listening to the sad stories of these people. Because they are so close to the events and have such a personal interest in the war, it was interesting to see that they had such a nuanced and complex view of the situation. They understood that not everyone agreed with them on the need to begin an immediate withdrawal of US troops from Iraq. They knew that their own family members serving in Iraq were ambivalent about the peace activism of their family members. They felt deep compassion for the beleaguered people of Iraq. They commiserated with other military families who had also had loved ones killed in Iraq but who felt that their children had died for a noble cause and still supported the war.

In this recognition of the complexity of the situation and the fact that there were no simple answers, the speakers provided a refreshing contrast to the politicians and pundits who, not having to fight themselves and having the luxury of not having any personal stake in the occupation of Iraq, feel free to see things in stark terms of good and evil and to label opponents of their policies as ‘unpatriotic’ or ‘not supporting the troops’ or ‘forgetting the lessons of 9/11’ and other tired justifications of the war.

In addition to being moderator I was also due to speak but since many of the speakers spoke for longer than expected and I did not want to cut short their personal testimonies, I decide to not give my talk to leave more time for the question-and-answer session. I will post the text of my talk later.

I personally found it very moving to meet the military families who have met such personal tragedy. It was clearly hard for them to speak about what happened and one has to admire their willingness to go public with their opposition to the war, knowing that they will be criticized and even vilified.

POST SCRIPT: NATIONAL PEACE MARCH & RALLY

Case for Peace is pleased to support the above peace march and rally to be held on:

Saturday, September 24 in Washington, DC

Bring the Troops Home Now!
Money for Jobs, Education, Health Care & Housing, Not for Wars and Occupations!

Buses from Cleveland depart Friday September 23, 11 PM, from Gordon Square (W 65 and Detroit) returning Sunday, September 25, morning.

Seats $45 per person round trip. Some financial help available. If you can’t go, please consider contributing for scholarships.

Checks payable to Northeast Ohio Anti-War Coalition (NOAC) and mail to Linda Park, 1848 Beersford Rd., E. Cleveland, OH 44112

Reserve your seat now!!

For more information call the Northeast Ohio Anti-War Coalition at 216-736-4716 or send email to NOAC.

United for Peace and Justice, a sponsor of the rally, plans additional activities on Sept. 25 and 26 in DC. For details on all 3 days, go here.

Should people be forced to evacuate the hurricane devastated areas?

There is one particular issue that I have mixed feelings about and that is the way that people who still live in New Orleans after the hurricane has passed and the process of recovery is beginning are being compelled to give up their weapons and leave their homes.

The force first comes indirectly in the form of preventing food and water from reaching them to threats to put them in handcuffs and removing them, although it is not clear if that threat has actually been carried out.

According to the New York Times officers will search all the houses in both dry and flooded neighborhoods, and no one will be allowed to stay.
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Trapped in New Orleans by LARRY BRADSHAW and LORRIE BETH SLONSKY

In an earlier post, I gave a summary of a radio program that featured eyewitness reports by two San Francisco paramedics who had been attending a conference and ended up trapped in New Orleans by Hurricane Katrina. What follows is their extended report in their own words that expands on their radio interview. It is long but I did not want to edit it in any way (except for hyphenating an obscenity) because it is so compelling. (Note: I first received this via an email from a colleague at Case but later also found it on the Counterpunch website here.)
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Why natural disasters don’t affect all equally

There has been one aspect of the hurricane Katrina events and its aftermath that has been bothering me and that is the harsh way that people are being criticized for not leaving the city either in advance of the storm or even after.

In a much earlier post concerning the Terri Schiavo case, I said that I find it almost impossible to judge other people’s actions based on hypothesizing what one would do in if one were in that other person’s situation, if the hypothetical situation is very different from what one has personally experienced. In the Schiavo case, I felt that since I had never had to make a decision about removing life support from someone close to me, I couldn’t really make a judgment about whether Schiavo’s parents or her husband was in the right.
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A radio program that should not be missed

I have not been writing about the devastating effects of hurricane Katrina on New Orleans and all along the Gulf coast because I felt that there was little that I could add to everything that was being said. Like most people, I have been overwhelmed by the scale of the disaster and the fact that we are seeing the evacuation of a major city that may not be inhabitable for months due to the difficulty of drying out a below-sea-level area.

But over the weekend, I listed to this week’s edition of the NPR radio program This American Life and the show was so powerful that I felt compelled to alert readers of this blog that it is one show that must be listened to. Fortunately, you can listen to it online. The program is one hour long but you will be so engrossed that you will not feel the time passing. If any radio program is deserving of an award, this one is.
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How far does religious freedom extend?

In a previous posting that dealt with the problems that arise when you allow religious oaths in selecting jurors, I suggested that many of the religion-related frictions that occur in society would go away if the public sphere was made secular, and religion and religious practices stayed in the private sphere.

But while that might take care of some of the irritations that currently consume a lot of time and energy (swearing oaths, prayer in schools, the ten commandments in courts and city halls, locations of nativity scenes at Christmas, etc.) it would not take care of other issues, even in the unlikely event that the country committed itself to such a strict secular-religious demarcation.

In a comment to that previous posting, Erin pointed out that the separation might be hard to maintain when certain religious practices were taken into account since those practices might overlap with the public sphere. For example, she points out that certain religious groups such as Christian Scientists do not believe in taking medicine and would not take their children to a doctor even in the case of life threatening illnesses. And she also raises the issue about other religious groups that practice female genital mutilation. Should a secular state defer to religious sensibilities and stay out of such matters?

In a response to Erin, Paul pointed out that the religious freedoms outlined in the Bill of Rights do not extend to actual practices, and that the courts have ruled that the state has an over-riding interest in the welfare of children that enables it to overturn the wishes of the parents if it feels that the life and health and well-being of children are threatened. So parental religious beliefs cannot be extended to cover actions that affect their children if those actions can harm their lives and well-being.

Not being a constitutional lawyer, I am not sure if that is the last word on the legal status currently prevailing in the US. But in some ways that is irrelevant because I am more interested in exploring what might be a reasonable way of reconciling the secular and religious interests in a society, and will leave aside specific questions of constitutionality and legality for others who are more knowledgeable in those areas to determine.

My own view is that people should have the freedom to believe anything they want, to practice their religion, to seek converts, and to gather with like-minded people to worship, provided all these things involve consenting adults who are making voluntary choices to participate. But religious freedom surely cannot be extended to those who would wish to impose their own belief on others or if the practices impinge on the rights of others.

I would also argue that secular laws should not have religious beliefs as their only basis. They must also have a secular justification. For example, you should not be able to pass a law that criminalizes homosexuality or prevents gay marriages just because some religious people find some objection to it in the Bible. Laws that regulate human behavior have to have a clearly articulated secular purpose.

Of course, drawing the lines between what religious practices are allowed and what not is always a tricky issue that requires an extended discussion (and usually litigation), but here I just want to deal with the rights of children. I agree with Paul that the state has a right, and even an obligation, to protect the rights of those in no position to defend their rights and children clearly fall into that category.

So I also agree with Erin and am firmly opposed to the genital mutilation of female children because you are causing irreversible changes on a child’s body without the child being in a position to give informed consent. Once the child becomes an adult, they should be able to make such a decision for themselves.

That same argument should apply to male circumcision as well. This again is something that I believe should be decided by someone after they become an adult, but of course this practice is common and does not cause any outrage. One reason for the two different responses seems to be that male circumcision has been sanctioned by western religious traditions while female genital mutilation has not. And from what I have read female genital mutilation seems to be a very dangerous, painful, and sometimes life-threatening procedure.

But if we are to be consistent on this issue, we should say that parents should not have the right to violate the physical integrity of children and impose irreversible physical changes on their bodies purely on the basis of religion, and that policy should apply equally to male and female children.

Swearing oaths on the Koran

Two years ago, I was called for jury duty. I was placed in a pool of about sixty jurors for a homicide case and we had to go through a voir dire process which involves filling in a detailed and lengthy questionnaire that asked all kinds of things that the lawyers and judge could use to see if we had any factors in our background that might cause them to want to disqualify us as jurors. Before filling the forms the judge asked everyone to swear on the Bible that they would tell the truth. But she said that those of us who wanted to could swear a non-religious oath, which I think involved promising to tell the truth on pain of perjury. Only about five of us took this other oath.

This whole thing struck me as odd at that time. If we atheists (I assume that the five of us were atheists although some may have been religious but not Christian) could be trusted to tell the truth by taking a secular oath, why was it necessary to have the Christians take a religious oath? Didn’t this necessarily imply that Christians were somehow less trustworthy than non-Christians, since they had to be made fearful of everlasting hell in order to compel them to tell the truth, whereas the mere threat of secular perjury charges was enough for atheists?

I was reminded of this when I saw the article in the Christian Science Monitor that said that a North Carolina judge had ruled that Muslim jurors could not swear an oath on the Koran. Needless to say, this decision is problematic.

On one hand, if you deny Muslims the right to swear on their own religious book, then you are clearly setting up a hierarchy of religious beliefs, with Christian oaths being ‘better’ than those based on other religions.

On the other hand, if you allow Muslims to swear on the Koran, then you may also have to allow people to swear on the holy icons of Hinduism, Buddhism, Judaism, Wiccanism, all the native American religions, and any other religion. Some scholars have advocated just that, with the Monitor article saying “according to law scholars, allowing a range of holy books in oaths of justice may not only lead to a greater feeling of inclusion among religious minorities but also encourage them to tell the truth.”

But where does one draw the line about what is a religion and what is not? What if, for example, devotees of the Flying Spaghetti Monster demand the same privilege? They have already asked the Kansas School Board for equal time if Intelligent Design is included in their science standards. Deciding which religious oath to allow and which not is likely to generate a massive collective headache.

This is another example of the kind of frustrations that arise when we have religious dogmas vying for inclusion and acceptance in the public sphere. All this could be avoided if everyone was simply required to take the secular oath and be done with it, and we had a secular state where nothing in the public sphere referred to any specific religious beliefs. Then people of all faiths could practice their religion freely in their private sphere without causing friction with each other or with the state.

But this is not likely to happen in the near future because of the political influence of those groups who are determined to make the USA into an explicitly Christian nation and believe that the absence of the Christian god in the public sphere is the cause of all the evils in society. But the more they seek to have religion in the public sphere, the more likely it is that other religions will seek similar accommodations. If they are successful, the net result, paradoxically, might be that Christian symbols get surrounded by those of other religions. Once you allow Christian religious symbolism into the public sphere, I cannot see how you can reject those of other religions, unless the country gives up even the pretence of being a secular state and declares itself to be an explicitly Christian nation, amending the First Amendment in the process.

How governments lie-2: The London killing

In a previous post titled How governments lie, I warned about how early accounts that official sources put out in the wake of some major event often have only the remotest connection to the facts and are usually designed to imprint in the public mind what the governments want the public to believe.

It looks like the killing on July 22 of an innocent Brazilian electrician Jean Charles de Menezes man in a London subway station is following the same pattern. If you recall, in that case the official story put out was that the man was directly linked to a terrorist investigation and had been under surveillance, was wearing a bulky jacket on a very hot day, refused to obey a police order to stop, ran away from the police, vaulted over the ticket barrier, and was shot when he tripped and fell. His highly suspicious behavior seemed to make the shooting excusable.

Now on August 14 the London Observer newspaper has a long story that says that all these assertions were false. Here are items from the story:

Initial claims that de Menezes was targeted because he was wearing a bulky coat, refused to stop when challenged and then vaulted the ticket barriers have all turned out to be false. He was wearing a denim jacket, used a standard Oyster electronic card to get into the station and simply walked towards the platform unchallenged…..

One witness, Chris Wells, 28, a company manager, said he saw about 20 police officers, some armed, rushing into the station before a man jumped over the barriers with police giving chase.

In fact, by the time the armed officers arrived de Menezes was already heading down towards the train. It now seems certain that the man seen vaulting the barrier was one of the armed officers in hot pursuit. (my emphasis)

Some events in de Menezes’ life shed further light on his behavior.

For de Menezes life in London was for the most part uneventful. He had been stopped by police a few times as part of routine stop and search inquiries, once having his bag examined by officers outside Brixton tube station.

On each occasion the police had asked him to stop and he did so. However, on each occasion the officers concerned were in full uniform.

Two weeks before he was killed, de Menezes had been attacked by a gang of white youths, seemingly at random. According to friends this experience left him shaken and nervous….

No one knows what went through the young man’s mind in the last moments of his life. Having been attacked just weeks earlier, he may have believed the casually dressed white men chasing him were part of the same gang. He may have been thinking of the experience of his cousin who was caught by immigration officers in America and deported before he had the chance to finish saving for his dream home. Now de Menezes is dead and no one will ever know.

A subsequent Guardian story on August 17 says that secret leaked reports say that he had been seated in the train and was not even running when he was shot, and had been overpowered by the security forces and in their grip when he was shot.

The young Brazilian shot dead by police on a London tube train in mistake for a suicide bomber had already been overpowered by a surveillance officer before he was killed, according to secret documents revealed last night.

It also emerged in the leaked documents that early allegations that he was running away from police at the time of the shooting were untrue and that he appeared unaware that he was being followed….

CCTV footage shows Mr de Menezes was not wearing a padded jacket, as originally claimed, and that he walked calmly through the barriers at Stockwell station, collecting a free newspaper before going down the escalator. Only then did he run to catch the train.

A man sitting opposite him is quoted as saying: “Within a few seconds I saw a man coming into the double doors to my left. He was pointing a small black handgun towards a person sitting opposite me. He pointed the gun at the right hand side of the man’s head. The gun was within 12 inches of the man’s head when the first shot was fired.”….

The documents reveal that a member of the surveillance team, who sat nearby, grabbed Mr de Menezes before he was shot: “I heard shouting which included the word ‘police’ and turned to face the male in the denim jacket. He immediately stood up and advanced towards me and the CO19 [firearms squad] officers … I grabbed the male in the denim jacket by wrapping both my arms around his torso, pinning his arms to his side. I then pushed him back on to the seat where he had been previously sitting … I then heard a gun shot very close to my left ear and was dragged away on to the floor of the carriage.”

There is an interesting sidelight about the closed circuit televisions (CCTV) that are everywhere on the London underground system and would have provided footage from dozens of cameras covering the Stockwell ticket hall, escalators, platforms and train carriages. Pictures from those cameras were widely shown by the police in their investigation of the earlier (July 7) bombings.

But in the initial report, police said most of the cameras were not working. The secret report revealed, however, that it was the CCTV that showed de Menezes walking slowly and not vaulting the turnstile. It is always interesting how evidence seems to “disappear” when the information it could provide might be embarrassing for the government. Could it be possible that the official authorities put out the story that the CCTV was not working hoping that they thus would not have to show them to the public and reveal that they contradicted the official story?

I ended my earlier post by saying that this is why I always take initial news reports of such events with a grain of salt. I believe that all governments, without exception, lie to their people, routinely and without shame. This event only confirms my view.

POST SCRIPT

If “Intelligent Design” is to be put on a par with evolution, surely the theory of “Intelligent Falling” (IF) as a competitor to gravity must be close behind? The editors of The Onion think so. (Thanks to Nicole for the link.)

The article quotes IF spokespersons who say: “Things fall not because they are acted upon by some gravitational force, but because a higher intelligence, ‘God’ if you will, is pushing them down….Gravity – which is taught to our children as a law – is founded on great gaps in understanding. The laws predict the mutual force between all bodies of mass, but they cannot explain that force.”

IF advocates “insist they are not asking that the theory of gravity be banned from schools, but only that students be offered both sides of the issue so they can make an informed decision.”

The article also points out that scientists admit that “Einstein’s ideas about gravity are mathematically irreconcilable with quantum mechanics. This fact, Intelligent Falling proponents say, proves that gravity is a theory in crisis.”

Sounds convincing to me. I never liked gravity anyway. It was always bringing me down.