From @PeterDaou during Obama's presser this morning:

...Or disallowing torture victims a day in court, for that matter.

Guest blogged by Ernest A. Canning

In her Sept. 9 decision [PDF] in Log Cabin Republicans vs. United States, U.S. District Court Judge Virginia A. Phillips, a 1995 Clinton appointee, determined that "Don't Ask, Don't Tell" (D.A.D.T) is unconstitutional as it violates First Amendment rights even within the more restrictive confines of military speech.

The court rejected the government's argument that Log Cabin Republicans lacked standing to initiate the action, noting that at least one member of the group, John Nicholson, was discharged from the armed forces because of "Don’t Ask, Don’t Tell.” It expressly found that D.A.D.T "does not significantly further the government’s interest in military readiness or unit cohesion," and directed plaintiff's counsel to prepare a "Proposed Judgment, including a Permanent Injunction" by no later than Sept. 16.

Whether the Eric Holder Justice Department will appeal, despite President Obama's pledge to seek a repeal of D.A.D.T., is an open question...

[Late Update: Quran burning back on? Maybe. Late, Late Update: "We will definitely not burn the Quran. Not today, not ever." "Pastor" Terry Jones. Despite the cancellation, deadly protests are staged in Afghanistan. See updates at end.]

Guest blogged by Ernest A. Canning

Burn the light to satisfy your darkness….
Burn the love to satisfy your hatred….
Burn the peace to satisfy your anger….
Burn the compassion to satisfy your cruelty….
Burn the knowledge to satisfy your ignorance.

- BRAD BLOG Commenter Hassan Yaghi in response to 8/19/10's "Gainesville, FL, Blocks 9/11 'Koran Burning'":

While many have been disturbed by dangerous implications of the process of dehumanization, which we covered here at The BRAD BLOG in "The 'Ground Zero Mosque' and the Hypnotic Power of Republican Race-Baiting," "Gainesville, FL, Blocks 9/11 'Koran Burning,'" and most especially in the ugliness of "Video: 'I'm Not Even Muslim,' the Black Man in the White Hat Had to Tell the 'Ground Zero' Mob," there is a flip-side.

A display of hatred and intolerance can also bring out the best of our species, as reflected by the elegant words seen above from commenter Hassan Yaghi in response to a whacked out fundamentalist Christian's announced intention to burn the Quran. We covered the recent appropriate and moving response to the "Ground Zero Mosque" silliness by Iraq and Afghan vets standing up to the haters, and now in the following email announcement from Rabbis for Human Rights, announcing a petition and march this weekend in New York City for religious freedom and against intolerance.

Their email, published in full below, notes the group is "concerned by an upsurge in Islamophobia, religious intolerance, hate crimes and attacks on religious freedoms in the United States in recent weeks," and highlights both the planned Quran burning as well as the protests against the planned "Park 51" Muslim community center in downtown New York City, near "Ground Zero." The group also condemned their fellow Jewish organizations, the Anti-Defamation League and Zionist Organization of America for their efforts to derail the community center.

While near universal condemnation appears to have put a halt to "Pastor" Terry Jones' planned "International Burn-a-Quran Day," late today --- along with a bizarre attempt to intercede by Donald Trump --- actions and words by good people remain essential in order to counter the virulent and dangerous Islamophobia that has been propagated by hard-right demagogues and their dehumanized followers...

From Charlie Savage at New York Times [emphasis added]:

Gosh. Can't understand why Obama's approval ratings keep falling.

In any case, the heart of this matter is the Government's "alleged" right (the President of the United States' actually) to use the so-called "state secrets privilege" to keep victims of alleged torture from ever even having a day in court --- even when one of those victims, as in this case, charges that his torture included "cutting his penis and other body parts with a scalpel and then pouring stinging liquid on the wounds."

Good thing none of this was done by Iran. We'd be outraged...

From Michael Moore to Rahm Emanuel. Ditto.

Guest blogged by Ernest A. Canning

While the recent recall of more than a half billion eggs in the wake of some 1,470 Salmonella infections has triggered a renewed focus on the dangers posed by factory farms to human health and to the environment (see videos below), the discussion stops short because factory farms are but one symptom of the deadly consequences of a perverse ideology whose sole purpose is to expand the already obscene wealth of less than 1% of the population at the expense of a healthy economy, community, the environment, peace, and the very ability of our planet to sustain life...

When it mattered, was based in terrifying reality, required actual selflessness and extraordinary courage...47 years ago today..."The greatest demonstration for freedom in the history of our nation"...

Guest blogged by Ernest A. Canning

"The terrorists who attacked us on 9/11 do not represent Islam. Far better representatives of Islam are the over 100 Muslims who died at work in the towers that day. No one need apologize for Islam."—Hal Donahue, VoteVets.org

Seeing it as part of their duty to support and defend the Constitution and dismayed by the "toxic effect" of the never-ending "war on terror" upon our society by the process of "dehumanization" which has created "a propensity to violence, a devaluing of others, even our own citizens, and a decided lack of empathy," VoteVet.org, a nation-wide group of veterans of the wars in Iraq and Afghanistan is circulating an "open letter" in support of the right to build a Muslim community center near "Ground Zero"...

Guest blogged by Ernest A. Canning

In Meg Whitman, Wall Street, 'Billionaire Sociopaths' and the Media 'Substance Deficit' I reported:

Apparently Whitman now feels that campaigning exclusively by way of paid-for propaganda (political ads) will not be enough to evade scrutiny of her economic "plan" to "rescue" California's economy (a rehash of Bush tax cuts for wealthy people and business, the elimination of climate change regulations and imposition of further draconian spending cuts to a state government already operating on life support --- a plan which a group of economists, including Stanford University's Kenneth Arrow, a Nobel laureate, have derided as policies which would "deepen California's budget crisis and are likely to reduce employment and economic growth").

Whitman has now pandered to what she may mistakenly believe was a majority of Californians who voted against marriage equality in passing Proposition 8...

As the disinformed and hypnotized crowd of angry protesters in downtown New York chant "No mosque here!" over the weekend, a black man in a white hat strolls through and the crowd instantly turns on him.

"Ya'll don't even know my opinion on shit," he's forced to reply in his own defense as the tension rises and the possibility of violence becomes imminent. "I'm not even Muslim!" shouts the man who, it turns out, was apparently a construction worker at Ground Zero.

Sick. August, 2010. U.S.A.

A commenter at Ballon Juice may have said it best (h/t Glenn Greenwald on Twitter): "They got one thing right: Ground Zero is being desecrated. Just not by Muslims."

Guest blogged by Ernest A. Canning

"Where they burn books, at the end they also burn people."- Heinrich Heine (1823)

"Those who cannot learn from history are doomed to repeat it." - George Santayana

Heine's ominous warning came more than a century before the infamous May 10, 1933 Nazi book burning where Joseph Goebbels told the Berlin student book burners, "The era of extreme Jewish intellectualism is now at an end."

It was the beginning of the end for millions who would be gassed and then shoved into the death camp ovens over the next twelve years.

Today, we find a group of whack right-wing Christians operating under the Orwellian-labeled Dove Outreach Center. The group, which openly proclaims "Islam is the Devil," announced that they planned "to commemorate the anniversary of the terrorist attacks on Sept. 11, 2001 by burning Korans."

Today, the Los Angeles Times reported that Gainesville officials denied the group "a bonfire permit."

I'm reminded of Pete Seeger's Where have all the flowers gone?: "When will they ever learn?"

Update: Despite the denial of the permit, the Dove Outreach Center has vowed to proceed with its plan to burn Korans. I suppose one could call it an act of uncivil disobedience.

Update 08/20/10: There have been a number of comments, here, and elsewhere, raising First Amendment concerns about the City of Gainesville's decision to deny a bonfire permit. Deputy Chief Tim Hayes of the Gainesville Fire Dept., however, said that his department's denial was not related to the content of the books but on a city ordinance which prohibits the burning of "newspaper, corrugated cardboard, container board or office paper, which are akin to books."

No doubt, attendees from the Sarah Palin/Dr. Laura School of Law would regard it as an infringement of the Dove Outreach Center's First Amendment rights, should a group of concerned citizens peacefully surround these book burners, whom Gainesville Mayor Craig Lowe describes as a "tiny fringe group and an embarrassment to our community," holding up signs which quote Heine's "Where they burn books, at the end they also burn people."

Update 09/07/10: General David Petraeus has expressed his concern that the proposed Quran-burning "could endanger troops and it could endanger the overall effort in Afghanistan."

What Petraeus fails to mention is that the swiftest way in which he and his boss, President Barack Obama, could insure the safety of American troops and ratchet down tensions between the people of the Middle East and those residing in the U.S. would be to immediately end our imperial occupations in Iraq and Afghanistan by way of a orderly but complete and total withdrawal of all U.S. military forces as well as all private mercenaries.

Guest editorial by Ernest A. Canning

On Sunday, Brad Friedman posted a "Toon of the moment" in which a hypnotist sits dangling a watch in front of two stupified voters as Senators Mitch McConnell (R-KY) and Chuck Grassley (R-IA) look on. The hypnotist tells the voters:

Replace the hypnotist and watch with "illegal immigrants" or a "Ground Zero Mosque" (what the Los Angeles Times' Tim Rutten refers to as a "rising tide of Nativism") and the cartoon would be equally spot on, though this form of hypnosis is utilized by the billionaire-funded hard-right not only to "forget" the disaster that was the Bush/Cheney cabal but to avoid a debate on the Republicans' cold and heartless, class-based decisions to oppose an extension of unemployment benefits, to block funds for state governments intended to prevent a layoff of thousands of teachers, to block vital environmental legislation, to engage in never-ending privatization schemes, which by design are intended to destroy government's ability to provide vital public services (police, fire, health care, education), and to repeatedly level false charges of insolvency as part of their scheme to permit the thieves of Wall Street to raid the Social Security trust fund.

Those who are rational and see the mosque as an issue of First Amendment religious freedoms (and common sense) fail to appreciate the visceral appeal of Republican race-baiting, which, in the case of the mosque, seeks to tap into a deep-seated, cultural anxiety that has been created not only by 9/11 but --- as I explained in "Hate Speech and the Process of Dehumanization" here at The BRAD BLOG, and in its follow-up --- by the vilification of Arabs and Muslims in books, films and on television over a span of decades. It was this same deep-seated and subconscious loathing which permitted the Bush/Cheney cabal to conflate Saddam Hussein --- just another swarthy, mid-Eastern bad guy --- with al Qaeda for the purpose of invading Iraq.

The politics of Republican fear-mongering and race-baiting exploits cultural dehumanization so as to conflate all Muslims with 9/11. The result is a perversion of that seminal event --- which, even under the Bush/Cheney Administration's own "official theory," entailed only al Qaeda --- into an unprovoked assault by the Muslim world on "Christian America."

"You know nothing. You remember nothing. You don't remember George W. Bush or how badly he screwed things up. You love Republicans. They are here to help you. You will welcome them back..."

Guest blogged by Ernest A. Canning

Proponents of equality for all will have to wait a bit longer --- again --- before seeing marriage equality return to the Golden State.

A three judge panel of the U.S. 9th Circuit Court of Appeal has issued an order [PDF] granting a motion to stay the Aug. 4, 2010 decision by a U.S. District Judge which had found California's ban on same-sex marriage to be unconstitutional. Judge Vaughn Walker's ruling would have allowed marriage equality to resume as of Wednesday, but that is now on hold pending appeal by proponents of the constitutional amendment put into law by Proposition 8 in November of 2008.

The 9th Circuit panel, on its own motion, expedited both briefing and a hearing on the appeal, which will be scheduled for the week of December 6. The stay essentially means that California officials could not sanction new same-sex marriages until either a decision is rendered on the appeal or the panel lifts the stay.

Addendum In my haste to report on this breaking story, I neglected to include the following statement from the 9th Circuit decision...

A number of noteworthy news items occurred yesterday while I was on the hot, hot, hot Midwestern road for the entirety of the day. These are several among those items...

Greene Indicted on Obscenity Charges

South Carolina's mystery Democratic nominee for the U.S. Senate (the one whose election "victory" is only explicable through malfeasance or malfunction of the 100% unverifiable ES&S iVotronic touch-screen voting systems) was indicted on obsenity charges yesterday. One of the charges was an "extremely rare" felony count. The state Democratic Party chairwoman, Carol Fowler --- the one who presided over the 5-hour Executive Board protest hearing by Greene's primary opponent Judge Vic Rawl who argued that voting machine failure was the only explanation for the unknown, jobless, money-less, campaign-less Greene having "won" --- has asked him, again, to voluntarily step down from the nomination. When asked if he'd be willing to accept the nomination if Greene steps down, Rawl has told The BRAD BLOG previously that he'd cross that bridge when/if he came to it.

Appelate Court Backs Congressional Defunding of ACORN

A 3-judge panel (two Rs, 1 D) on the 2nd District Court of Appeals has unanimously reversed [PDF] the ruling of a federal district court judge last March concerning the Congressional defunding of ACORN in light of deceptively-edited video tapes published by Rightwing propagandists Andrew Breitbart and James O'Keefe. The appellate court determined that Congress can target a specific group for punishment, despite what the district court judge had identified as an unconstitutional Bill of Attainder in light of the government having "offered no...unique reason to treat ACORN differently from other contractors accused of serious misconduct." U.S. District Court Judge Nina Gershon had previously granted injunctive relief to the four-decade old community organization after finding they were barred "from federal funding without either a judicial trial or an administrative process applicable to all government contractors." The 3-judge appellate panel disagreed. ACORN's legal representation has called the decision "deeply flawed," says they are planning to ask the full court for reconsideration, and added "We cannot let Congress act like judge, jury and executioner without any hearings at all."

O'Keefe Accidentally Admits to Being Immoral

And speaking of ACORN, the Rightwing dirty trickster and federal criminal James O'Keefe who hacked together secretly-taped videos in order to phony up the idea that the anit-poverty, pro-democracy community group was committing some sort of crimes, has, according to Think Progress, admitted during a recent speech that what he does is "the nadir of morality." ("Nadir" means "lowest point", versus "zenith" which means "highest".) No worries though. O'Keefe's employer, the discredited, pathological liar Andrew Breitbart, has plans to deceptively re-edit the video of O'Keefe in order to "fix" that little Freudian slip.

Stephanie Comes Out!

Finally, the most fun news of the day comes from progressive radio talker and friend of The BRAD BLOG, Stephanie Miller. During a moving program yesterday, Miller announced to listeners that she was gay, noting that it's been an "open secret" among close friends and family for years, but that a "perfect storm" of events (the recent federal court ruling that CA's Prop 8 ban on same-sex marriage was unconstitutional and the fight to repeal the federal "Don't Ask, Don't Tell" policy in the military, etc.) led her to the belief that it was the right moment to come out to her listeners and the public. The BRAD BLOG sends our props and kudos to Stephanie for her courageous decision. The audio of her "coming out" segment, follows below...

Guest Editorial by Ernest A. Canning

Sorry, Mr. Gibbs, but your description of a "professional left" whose critiques of your boss, President Barack Obama, should be disregarded as the "crazy" musings of "people who ought to be drug tested" reflects that you are both authoritarian and out-of-touch.

The vast majority of citizens who supported the President in 2008 favor positions on policies that are far more progressive than anything which has emerged from either the corporate-controlled Democratic "leadership" in Congress or the Obama White House. The majority of Americans are by no means obligated to ignore the "democracy deficit" or the betrayal of the President's promise to bring "change we can believe in."

While one can readily agree that many of the Obama administration's policies are an improvement over those which are advanced by the reactionary fascist billionaires, and their mindless "Tea Party" followers, there are many instances in which the policies of the current administration threaten more harm than those of its predecessor. E.g,, those documented by a recent ACLU report (see Democracy Now video below) in which the current administration has created policies that may "enshrine permanently within the law policies and practices that were widely considered extreme and unlawful during the Bush administration."

Perhaps most disturbing is that the President's zeal to please his true constituency --- corporate America, Wall Street and the military-industrial complex --- comes from the same Presidential candidate whose soaring and lofty, yet deceptive campaign rhetoric gave rise to hope in so many that Election Day 2008 would mark a return to economic fairness, transparency, a restoration of the rule of law, an end to the fear-driven perpetual "war on terror," and a restoration of nature's ecological balance.

The title of Studs Turkel's powerful book is Hope Dies Last.

Even during the darkest days of the Bush/Cheney cabal, there was the hope that the foundering American ship of state could be righted by way of the electoral process. By raising the hopes of the American people during the course of the 2008 campaign, only to dash those hopes by betraying his own rhetoric, President Obama has, in some measure, caused more harm than the Bush/Cheney regime...