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New Jersey Passes Landmark Anti-Bullying Legislation With Veto-Proof Majority

Joe.My.God points out that the New Jersey legislature has “overwhelmingly approved” the Anti-Bullying Bill of Rights, a measure “designed to combat harassment, intimidation and bullying among students.” The bill, which comes in the wake of the suicide of Rutgers student Tyler Clementi — who threw himself off the George Washington bridge after his roommate broadcast an internet feed of him engaged in sexual activity with another man — passed the State Senate and the General Assembly with a veto-proof margin of 30 to 0 and 72 to 1, respectively.

The Bill of Rights eliminates “the vagueness and loopholes that weaken the anti-bullying laws of the 45 states that have them” and establishes a method of enforcement to ensure school compliance. Below are some of the highlights of the new measure:

- The legislation is the first in America to set firm statewide deadlines for incidents of bullying to be reported, investigated and resolved. Teachers and other school personnel will have to report incidents of bullying to principals on the same day as a bullying incident. An investigation of the bullying must begin within one school day. A school will have to complete its investigation of bullying within 10 school days,
after which there must be a resolution of the situation.

- The legislation is the first in America to create a anti-bullying team at each school led by a designated anti-bullying specialist. Also serving on a school’s anti-bullying team will be the principal, a teacher and a parent, and others appointed by the principal.

- The legislation is the first in America to grade every school on how well it is countering bullying – and requires that every school post its grade on the home page of its website. Every school will also be required to post on the home page of its website the contact information for the school’s anti-bullying specialist.

- The legislation incorporates instruction appropriate to each grade to counter bullying, and creates an annual school-wide Week of Respect during which each school will provide anti-bullying programming.

- The legislation strengthens suicide prevention training for teachers, to include information on reducing the occurrence of suicide among bullied students.

Gov. Chris Christie (R) has not said whether he would sign the bill, but “he spoke out against bullying after Clementi’s death.” If he vetoes the measure, the state legislature should be able to pass an override by a vote of at least two-thirds of the members of each house (27 votes in the Senate; 54 votes in the General Assembly.)

Security

Following Outrage Over TSA Screenings, GOP Reps. Chaffetz And Hoekstra Lead Revived Calls For Profiling

In recent days, the right has worked themselves into hysteria over the TSA’s new, more invasive screening protocols, with right-wing media magnate Matt Drudge breathlessly hyping the latest video of an intrusive pat down, and Tea Party Nation founder Judson Phillips demanding the impeachment of Homeland Security Secretary Janet Napolitano. While the TSA has promised to revise the methods to make them less intrusive, many conservatives have turned to one of their favorite solutions to the national security threat de jour: ethnic profiling.

In separate interviews on the radio show of the far-right birther website World Net Daily, Reps. Pete Hoekstra (R-MI) and Jason Chaffetz (R-UT) both called for profiling as a means to better address the threat to air travel. Chaffetz specifically advocated for ethnic and religious profiling, though he said those traits shouldn’t be “solely” considered:

HOST: Is [profiling] something that you would advocate?

CHAFFETZ: Absolutely. Well, now that it’s become an outrage and people say, well we still need to secure an airline, how do we do that? Two things need to happen. One is profiling. Not based solely on someone’s religion or based solely on someone’s race.

In an interview today, Hoekstra — who is the ranking Republican member of the House Select Committee on Intelligence — also gave an passionate endorsement of profiling:

HOEKSTRA: The words profiling are toxic from a political standpoint. But the bottom-line is there are certain parameters that you can use in profiling that would narrow the scope of who you really target. … But it only makes sense to do some type of profiling so that you can focus the resources where they need to be focused. So we should consider it. … Sure, profiling is okay. You know, you do it everywhere in life — it only makes sense. You just need to make sure you do it right.

Listen to a compilation of Chaffetz and Hoekstra:

While these GOP lawmakers provide legitimacy, as Media Matters notes, conservative media figures have led the effort to use “the public backlash against airport security screenings as an opportunity to renew their calls for racial profiling.” Conservative Washington Post columnist Charles Krauthammer lamented, “The only reason we continue to do [pat downs] is that people are too cowed to even question the absurd taboo against profiling.” On Fox and Freinds last week, in his typically simple fashion, host Steve Doocy commented, “I like the idea of the profiling.” Meanwhile, right-wing radio host Rush Limbaugh said, “There’s a simple way to stop this stuff; it’s called profiling.” And in an editorial, the conservative Washington Times complained, the “TSA believes an 80-year-old grandmother deserves the same level of scrutiny at an airport terminal checkpoint as a 19-year-old male exchange student from Yemen.”

As is the case with Chaffetz and Hoekstra, the conservative argument is predicated on the notion that profiling is “enormously successful,” as Fox News host Sean Hannity put it. But in reality, this is not the case. Aside from the obvious civil rights concerns with ethnic or religious profiling, the practice is actually “probably worse than random screening in the real world” at defeating terrorists, a mathematical analysis published in the Proceedings of the National Academies of Science last year found.

Indeed, recent terror suspects undermine the notion that terrorists “all look alike.” Shoe bomber Richard Reid was a white, Jamaican-born British citizen; underwear bomber Umar Farouk Abdulmutalla was Nigerian; and “Jihad Jane” Colleen Renee LaRose, who was arrested in March on charges that she wanted to “wage violent jihad,” was a “petite” blond-haired, blue-eyed 46-year-old American woman.

Because of the problems in creating a mold, profiling “diverts precious law enforcement resources away from investigations of individuals…who have been linked to terrorist activity by specific and credible evidence…[and] ignores the possibility that someone who does not fit the profile may be engaged in terrorism.”

If conservatives don’t believe the data, they need only ask former Bush Homeland Security Secretary Michael Chertoff, who has called profiling “misleading and, arguably, dangerous.”

Security

Military Leaders, Newspapers, And Republicans Criticize Kyl And Senate GOP For START Obstruction

Following Senator Jon Kyl’s (R-AZ) announcement last week that he will delay and obstruct the New START treaty, many in the media presumed that START was all but dead. Yet the White House, knowing that it is now or never for the START treaty, doubled down and put its credibility on the line demanding a vote now. The move was risky, but in the last week, Democrats, the nation’s major newspapers, members of the military and even many Republicans have publicly denounced Kyl and Senate Republicans for their START objection.

The administration demonstrated the high level bipartisan backing for the treaty when it brought former National Security Advisors and Secretaries of State and Defense to the White House, including Republicans Henry Kissinger, George Schultz, James Baker, and Brent Scowcroft. On the Sunday shows this past weekend, Admiral Michael Mullen, the Chairman of the Joint Chiefs emphasized that the military of the United States wants this treaty ratified right now. This has highlighted that Republicans are rejecting the advice of military leaders. At the NATO Summit in Lisbon last week leaders from East, Central, and Western Europe all came out in unanimous support for the treaty and called on the Senate to ratify. Finally, the President used his weekly address to emphasize the need to ratify the treaty and attacked Republicans for wanting “to trust but not verify.”

In the last week, 17 editorial boards in states from all over country like Utah, Tennessee, Kentucky, Ohio, Missouri, Maine, Texas and Iowa, have eviscerated Kyl and Senate Republicans for their obstruction. The Louisville Courier called Kyl’s move an “outrage.” Kyl was described as “narrow-minded,” politically “craven,” and as putting forth “lame excuses.” The New York Times even said Iran should send Kyl a “thank you note.”

The presumption over the last generation has been that when it comes to national security debate, progressives always lose. But following the foreign policy disaster of the Bush administration, the country simply doesn’t trust Republicans on national security. An ABC/Washington Post poll taken right before the election showed that Americans trust Democrats more on national security 45 percent to 40 percent for Republicans. Given that 73 percent of Americans support the New START treaty, according to a just released CNN poll, the stance of Kyl and Senate Republicans is proving incredibly unpopular.

Here is what 17 newspaper editorial boards around the country are saying: Read more

Yglesias

Melanie Sloan

A lot of eyebrows were raised when Melanie Sloan and her organization, Citizens for Responsibility and Ethics in Washington, seemed to be shilling for the for-profit college industry. It seemed out of character, since CREW’s done a lot of good work. People were less surprised to see that former Bill Clinton lawyer Lanny Davis was lobbying for them formally, since he’s been a hired gun for a while now, representing an array of corporate interests.

Now, though, the plot thickens as it seems Sloan has left CREW to go work for Davis. My friend Kay Steiger puts the whole timeline together. It looks an awful lot like just another day in the casual corruption of American politics, though both parties insist it’s a coincidence. Either way, they’re dead wrong on the issue at hand.

Politics

Liz Cheney Thinks Bombing Victims’ Families Disagree With Ghailani Verdict, But They Say It’s ‘Appropriate’

Last week, a federal jury in New York City convicted al-Qaeda plotter Ahmed Ghailani with conspiracy related the 1998 bombing of U.S. Embassies in Africa, but acquitted him of 279 other charges. Conservatives have been quick to the use the acquittal to claim that the U.S. Justice system simply isn’t good enough to handle terror trials, despite the overwhelming evidence to the contrary. In a statement today, Bill Kristol and Liz Cheney, founders of the neo-conservative attack group Keep America Safe even went so far as to suggest that the families of the victims agreed with their hawkish views and were displeased with the trail. “The Department of Justice says it’s pleased by the verdict. Ask the families of the victims if they’re pleased,” the statement read. Luckily, today the Washington Post did. In fact, the families asked that people like Kristol and Cheney not politicize the court’s decision, and said that they did, in fact, prefer a civilian trail for Ghailani:

But Edith Bartley, who lost two family members in the bombings and has emerged as a de facto media spokesperson for other families of victims, tells Adam Serwer in an interview that the families don’t fault the Obama Justice Department’s handling of the case. She also called on critics of Justice’s conduct to stop turning the trial and verdict into a “political issue,” which she denounced as “unacceptable.”

We thought it was most appropriate,” Bartley said of the decision to prosecute Ghailani in civilian courts. “He was part of the original indictment in 2001, where four members of al-Qaeda were tried and convicted of these bombings. At that time he was at large, he was apprehended obviously years later, so it was most appropriate to have him in federal court.” [...]

To make it a political issue is not at all the appropriate position for any of our lawmakers or others to take. That to us is really unacceptable.”

Alyssa

Homeland Insecurity

One of the consequences of Americans’ increased concerns about terrorism and the rise of an enormous American security state has been a corresponding (if not casually related) rise in entertainment about that security state. We don’t just have shows about cops anymore. We’ve got shows and movies about intelligence analysts, and field agents, and the politics of intelligence. Apparently, even Claire Danes is getting in on the market with a starring role in a Showtime series about a Department of Homeland Security analyst in a vaguely Khost-like situation.

What I’m curious about is whether the popular backlash against the Transportation Security Administration will affect any of this popular enthusiasm for terrorism-busting shows. My sense is that it won’t. Americans haven’t been particularly concerned on a broad level about the expansion of the surveillance state as long as it doesn’t touch them, be it physically, or in the form of inconvenience. I do think a lot of the folks behind National Opt-Out Day are concerned about both civil liberties and a sense of physical violation and inconvenience that comes with airport security. But I don’t think that this protest, even if it changes policies, which I hope it will, is necessarily going to be part of major shift in either our politics or our entertainment. Even if folks were going to make the connection between TSA screeners and the snazzy terror-fighters on their screens, I think we’ll still collectively enjoy seeing whether we can beat the bad guys too much to turn off the TV every time the Department of Homeland Security comes on-screen.

Yglesias

Late 19th Century Population Growth

Ed Glaeser is always worth reading, and his review of a new book about Boston making the point that the city is less exceptional than the author seems to think is excellent:

Puleo marvels at the enormous expansion that Boston experienced after the Civil War, but all of America’s largest cities in 1860 experienced extraordinary growth in this period [i.e., 1850 to 1900]. New Orleans, which grew the least, expanded by 129 percent. Boston’s population growth rate of 320 percent seems spectacular, except when it is compared with the faster growth rates of New York, St. Louis, Buffalo, Chicago and Brooklyn. Why did all of these urban areas expand so dramatically in the nineteenth century?

One reason for this dramatic urban growth is that America’s cities were the nodes of a great transport network that tied together an entire continent. The wealth of the American hinterland was made accessible to the tables of the east coast and Europe because of huge investments in canals and rail. In Boston, as in New York and Chicago, rail lines were laid near to older waterways, and increased the city’s dominance over transportation in New England. Manufacturing, freed from large rivers like the Merrimac by improvements in engine technology, could move to cities and take advantage of this growing transportation network.

To go even bigger picture than Glaeser, the thing about this period is just that the country as a whole experienced very rapid population growth. In 1850 there were 23 million Americans (136,881 of them in Boston) and by 1900 there were 76 million, of whom 560,892 lived in Boston. We normally think of this as a period when “the west” was settled by farmers, but there was huge growth in the older cities as well. One key thing is that at that point American public policy wanted to grow. Immigrants were welcome largely without restriction, and the main barriers to denser residential construction were technological. Under the circumstances, people could and did flock to the places where their efforts were most valuable.

Health

Johanns’ New 1099 Pay-Fors Prove How Hard Repealing The Health Law Really Is

In August, Sen. Mike Johanns (R-NE) introduced a measure to repeal the 1099 reporting requirement in the Affordable Care Act — which requires small businesses to report any purchases over $600 to the IRS — and proposed paying for the $19 billion shortfall by eliminating $11 million from the Preventive Health Task Force and weakening the individual health insurance mandate. The amendment attracted seven Democratic Senators but did not receive the necessary 60 votes to move forward. Now, as the Senate prepares to re-consider repeal on November 29th, Johanns has introduced a different set of pay-fors that he hopes will attract additional Democratic support:

“My latest effort to repeal this costly mandate should easily win the support of my colleagues,” said Johanns. [...]

Johanns’ amendment directs the Office of Management and Budget (OMB) to identify $39 billion in unspent and unobligated accounts to replace the revenue that might have been generated by the 1099 paperwork mandate. This represents only about five percent of the total funds in unspent and unobligated accounts and gives the Administration discretion to ensure these funds do not affect ongoing and necessary programs.

A spokesperson at Johanns’ office told me that the Senator is only interested in repealing the reporting mandate and is no longer interested in making waves with controversial pay-fors that take away money from the mandate or prevention. Since President Obama, Senate Finance Committee Chairman Max Baucus (D-MT), and House Speaker Nancy Pelosi (D-CA) have all come out in support of stripping the provision, Johanns sees renewed momentum on the issue and hopes to build a coalition around removing the 1099 requirement.

But it’s unclear if this pay-for will be any less controversial. First, if Senators are hesitant to vote for specific cuts because they may target their favorite programs, they would also be hesitant to delegate the task of finding cuts to another agency — out of fear that it would target their favorite programs.

Meanwhile, CAP’s Michel Linden doesn’t think that the pay-for would score as deficit neutral. “Unspent and Unobligated balances are not real money sitting in some account, they are actually ‘budget authority’ – the ability for an agency to draw down funds from the treasury to turn into actual outlays,” he told me. “While canceling unobligated balances might save a little bit, I’m pretty sure the vast majority just goes away if its not used which means that canceling it won’t save any money.”

He makes the following analogy:

A parent says to their teenager, “You can spend up to $100 on school supplies this year.” The child then spends only $80. Now if the parent has promised the child that they get to keep the difference, then canceling that promise would actually save money for the family. But if the parent hasn’t made that promise – if instead the understanding is that the teenager can spend up to $100 but if he or she comes in low, then any change is expected to be returned to Mom and Dad – then “taking back” that other $20 has no real meaning for the family’s bottom line.

The very fact that Johanns feels the only way he can repeal the 1099 is if he farms out the task of identifying pay-fors to a separate agency, however, only reiterates the difficulty of actually going through with the GOP pledge of eliminating the entire law or even going provision by provision.

Baucus — who has introduced his own 1099 repeal bill — has yet to identify any pay-fors. His office has not returned my inquiries into this matter.

Security

Israeli Court Gives Soldiers Who Used Palestinian Boy As Human Shield Three Month Suspended Sentence

Last year, South African Judge Richard Goldstone released his report to the UN Human Rights Council documenting what he believed to be war crimes committed by both the Israeli military and Hamas forces during the 22-day long “Operation Cast Lead” conflict in Gaza in 2008.

One of the charges that Goldstone made was that Israeli troops used Palestinian civilians as human shields during operation, and last October, an Israeli court convicted two Israeli soldiers “of using a Palestinian boy as a human shield” during the 2008 offensive. The court’s “ruling said the two soldiers inappropriately ordered a 9-year-old boy to open bags they thought might contain explosive material.”

Today, the Israeli military court that convicted the two soldiers handed out its sentencing. It decided to give both soldiers a three-month suspended sentence and to demote both of them, who were staff sergeants, to the rank of sergeant:

Two Israeli soldiers have each received a three-month suspended sentence for forcing a nine-year- old Palestinian boy to open bags during the Gaza war in January 2009. The military court in the south of Israel also demoted the two staff sergeants, who were from the Givati infantry brigade, to the rank of sergeant. It also ruled that the offence will be noted in the men’s criminal records.

The soldiers, together with relatives and supporters, celebrated after the sentence was passed down, relieved that they were free and would be able to serve in the military reserves as commanders.

”Now all we want is to get plane tickets and to join our friends, who are waiting for us abroad. We’ve gone through something terrible and we just want to forget about it all,” said one of the two convicted soldiers after the sentencing was handed down. ”We were worried it would all end with jail time, but now we can relax.” Meanwhile, Israeli President Shimon Peres will reportedly “consider a request to pardon two soldiers,” removing any sort of mark on their records.

“If an Israeli child was exposed to the same thing, the whole world would have turned against us, but when it’s a Palestinian child, nothing happens,” said Majed Rabah, the boy who was taken captive by the soldiers. “Do the Israeli authorities think that a three-month suspended sentence is an appropriate punishment for two heavily-armed soldiers treating a nine-year-old boy as a human shield?” replied Gerard Horton, “a spokesman in the West Bank for Geneva-based rights group Defence for Children International,” in response to the sentencing.

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