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NEWS FLASH

Senate Republicans Filibuster DISCLOSE Act | Two years after filibustering the DISCLOSE Act of 2010 to death and blocking any disclosure for who is funding the the independent expenditures enabled by the Supreme Court’s 5-4 Citizens United ruling, Republicans have again blocked transparency. While the 2010 version included other campaign finance reforms, the DISCLOSE Act of 2012 was pared down to only require disclosure of the funders of $10,000-and-larger independent political expenditures. But Republicans, led by former disclosure advocate Sen. Mitch McConnell (KY) still blocked the measure, incredibly calling it “nothing less than an effort by the government itself to expose its critics to harassment and intimidation.” The Senate vote failed on a party-lines 51-44, falling 9 votes short of the needed 60, though Sen. Majority Leader Harry Reid (D-NV) voted “no” for procedural reasons.

Security

Relying On Conspiracy Theories, GOPers Say They’ll Block Critical Sea Treaty

Ratifying the Law of the Sea Treaty (LOST) seems like a no-brainer. The treaty’s central provisions divvy up maritime territory among countries for the purposes of natural resource development. More than 160 countries have acceded to it, including the whole of the developed world. Iran, Syria, and North Korea oppose it while the Obama administration, five former Republican Secretaries of State, the U.S. military, and major affected industries all support ratification.

But today, according to a blog post by Sen. Jim DeMint (R-SC), enough Senate Republicans have signed on to block the Treaty so that it will not pass in the coming year: “4 additional senators have joined in opposition to LOST, including Mike Johanns (R-NE), Kelly Ayotte (R-NH), Rob Portman (R-OH) and Johnny Isakson (R-GA). With 34 senators against the misguided treaty, LOST will not be ratified by the Senate this year.” DeMint’s complaints against the treaty, listed in the same post, aren’t remotely based in reality:

  • Demint claims LOST would sneak in a cap and trade law for greenhouse gasses. In reality, a State Department legal analysis found that “it contains no obligation to implement any particular climate change policies.”
  • DeMint claims the U.S. would have to pay “trillions in royalties” to state sponsors of terrorism. But according to John Norton Moore, a U.S. ambassador for the Law of the Sea in the Nixon, Ford and Reagan administrations, “the treaty grants the U.S. the only permanent veto as to how the modest royalties, collected in return for secure property rights, are to be distributed to state parties” and would allow “U.S. access to strategic minerals of copper, nickel, cobalt, manganese and rare earths worth about $1 trillion.
  • DeMint claims it would strengthen China against the United States. Actually, it would give the U.S. a leg up on Beijing in several major areas.

So why are 34 Republicans opposing it? Because, as Dave Weigel reported for Foreign Policy, conspiracy theories about the U.N. have “moved from the fringes of the GOP into its mainstream.” Republicans, Weigel discovered, have been swayed by a fringe theory that claims LOST is facilitating the U.N.’s takeover of American sovereignty:

[I've] heard we should not join this convention because, quote, ‘It’s a U.N. treaty,’” said [Secretary] Clinton, “and of course that means the black helicopters are on their way.” Opposition to the treaty, she said, is “unfortunate because it’s opposition based in ideology and mythology, not in facts.”

Republicans were unconvinced. “Most wars we’ve fought have been fought over ideology and philosophy,” said Idaho’s Sen. Jim Risch, who’s been winning elections in his state since 1970. “If we give up one scintilla of sovereignty that this country has fought, has bled for, and have given up our treasure and the best that America has, I can’t vote for it.”

Of course, when military leaders pointed out that the treaty would actually strengthen America’s position in the world, Risch yelled at them. The most influential advocate for the “sovereignty” concern that Risch was peddling, according to Weigel, is Frank Gaffney, a well-documented source of Islamophobic conspiracy theories.

Update

Senator John Kerry’s office postponed this year’s ratification vote until after the election, predicting industry pressure means “it’s a matter of ‘when’ not ‘if’ for the Law of the Sea.”

NEWS FLASH

Mentally Disabled Man’s Clemency Appeal Denied | Despite the Supreme Court’s ban on executing people with intellectual disabilities and court ruling that found that Warren Lee Hill, Jr. is “mentally retarded,” the Georgia State Board of Pardons and Parole today denied Hill’s request to commute his sentence to life in prison. The Board also denied Hill’s appeal for a 90 day stay. Brian Kramer, Hill’s attorney, was outraged by the decision, saying “[t]his shameful decision violates Georgia’s and our nation’s moral values and renders meaningless state and federal constitutional protections against wrongful execution of persons with mental retardation.” Georgia requires that retardation be proved beyond a reasonable doubt. Hill’s execution is scheduled for 7pm Wednesday, but, as a last resort, Hill can appeal to the Supreme Court. The Supreme Court’s ban on executing the intellectually disabled has been in place since Atkins v. Virginia was decided in 2002.

Alex Brown

Health

New York City Police Targets Sex Workers For Carrying Condoms Despite High Rates of HIV Infection

New York City health workers distributed over 32.7 million free condoms last year in attempt to encourage safer sex. However, the NYPD actively works against the benefits of promoting tools to ensure safer sex by targeting sex workers who have condoms in their possession, using condoms as evidence to arrest people on prostitution charges.

In light of the 19th International AIDS Conference that will be held in Washington, DC later this month, activists are calling on legislators to take concrete steps toward addressing HIV infection. Decriminalizing carrying condoms is part of this initiative, since sex workers are 10 times more likely to be infected with HIV than the general population. Furthermore, sex work is more likely to become a tool of economic survival for disenfranchised populations, such as the estimated 43 percent of trans people who have worked in the sex industry at some point in their lives.

Advocacy groups like the Human Rights Watch (HRW) say it is imperative to promote condom use among this community, rather than aggressively deterring it with threats of arrest:

Police officers confiscate condoms and prosecutors try to enter them as evidence not because it is official policy to do so, but simply because they have not been trained to do otherwise…Categories of evidence — like testimony regarding the sexual history of rape victims — are excluded as a matter of public policy in many legal systems. In this case, the value of condoms for H.I.V. and disease prevention far outweighs any utility they might have in the enforcement of anti-prostitution laws. Law enforcement efforts should not interfere with the right of anyone, including sex workers, to protect his or her own health.

According to HRW’s recent survey on sex workers and condom use, 45.7% of respondents have, at one point or another, decided against carrying condoms for fear that they might get in trouble with the police. In U.S. cities where rates of HIV are close to the rates in some African countries, this is a dangerous precedent.

State Sen. Velmanette Montgomery (D-Brooklyn) introduced legislation in April that would make New York to be the first state to ban police officers from confiscating condoms as evidence for prostitution cases. Montgomery explained that her bill is not meant to endorse prostitution, but rather address the high rates of HIV infection in New York. The bill is currently pending in the New York State Assembly.

Woman Close To Zimmerman Claims He Molested Her As A Child

A woman close to the family of George Zimmerman, the man who killed Trayvon Martin, is claiming that Zimmerman molested her as a child. In newly-released evidence, the woman, known only as “Witness 9,” gives details of several alleged incidents where Zimmerman inappropriately touched the girl, who was as young a 12 at the time of the purported incident. She says the molestation lasted as long as a decade.

While one of Martin’s attorneys said on Twitter today that she knew about the testimony, she did not discuss it “out of respect 4 her privacy, emotional state, & the judicial process.”

Zimmeman’s attorney tried at the last minute to stop the Witness 9′s statement from being released but was unsuccessful:

Witness 9 told prosecutors the molestation began when she and Zimmerman, who is two years older than her, were young children. Her parents were moving to another state and she and her sister were sent to stay with Zimmerman’s family in Virginia.

“We would all lay in front of the TV” to watch movies, she said, “and he would reach under the blankets and try to do things. … I would try to push him off, but he was bigger and stronger and older,” she said.

He touched her improperly, she said, and at least once, when she was 12, forced her to touch him.

The last sexual encounter, she said, happened when she visited Zimmerman’s family in Lake Mary. He directed her to lay on a bed and began to massage her, she said.

“I just got up and I ran out of the house and I got in my car,” she said, adding that Zimmerman “only chased me to the front door.”

It is unclear whether this testimony would even be admissible in court, and Zimmerman’s lawyer claims that releasing the testimony hurts his chances of a fair trial. Martin’s attorneys, on the other hand, think the testimony may be relevant to have as a rebuttal witness who can show Zimmerman has an alleged “history of violence and manipulation.”

Update

Zimmerman’s lawyer has confirmed that the woman making the allegations of molestation is George Zimmerman’s cousin. They also say that they will fight the accusations: “there will be reciprocal discovery filed regarding Witness #9′s statement.”

NEWS FLASH

Probe Finds U.S. Treasury Department Employees Soliciting Prostitutes, Accepting Corporate Executive Gifts | An official government probe filed under the Freedom of Information Act found that United States Treasury Department employees have been engaging in unethical and possible criminal behavior. Specifically, the Hill reports that the investigation found that Treasury employees had been “soliciting prostitutes, breaking conflict-of-interest rules and accepting gifts from corporate executives.” The probe findings come just weeks after the scandals at the General Services Administration and the Secret Service.

Nina Liss-Schultz

Florida Gains Access To New Database, Vows To Restart Voter Purge

Gov. Rick Scott (R-FL)

Florida’s efforts to purge “ineligible” voters from the rolls received an unexpected boost last week, after the Department of Homeland Security granted the state access to the Systematic Alien Verification for Entitlements (SAVE) database, all but encouraging Gov. Rick Scott (R-FL) to resume his controversial voter purge.

Florida Secretary of State Ken Detzner responded to the news by sending a letter to elections supervisors informing them that the state’s original error-ridden list of possible ineligible voters — generated by a comparison of driver’s license and voter registration records — “should be considered obsolete.” Indeed, that database proved to both disproportionately affect Hispanic and democratic voters, and to be riddled with inaccuracies, targeting hundreds of eligible voters, including two World War II veterans.

“I am very pleased that the federal government has committed to giving us the access necessary to identify noncitizens on the voter rolls and make sure these ineligible voters cannot cast a ballot,” Detzner said in a statement. “Florida voters are counting on their state and federal governments to cooperate in a way that ensures elections are fair, beginning with ensuring the voter rolls are current and accurate.” However, the Department of Homeland Security’s SAVE database is not without its own limitations:

According to the letter — signed by a Homeland Security official, Alejandro N. Mayorkas, the director of United States Citizenship and Immigration Services — to verify the citizenship status of people registered to vote in Florida, officials must provide evidence, like an alien number, that the person is indeed a noncitizen. Those numbers are typically given to people who are living in the country legally as noncitizens. Under federal law, such individuals are not permitted to vote. The SAVE database can provide no information on illegal immigrants who may have registered to vote.

That restriction will prevent Florida from solely using driver’s license information, as it did when the state compiled its initial list of 182,000 voters believed to be noncitizens. That list was then pared down to 2,600, of which 107 were found to have been registered to vote illegally, according to The Orlando Sentinel.

Florida is not the only state pushing for access to SAVE. Last week, Colorado Secretary of State Scott Gessler threatened to sue DHS for access to the database. Gessler was backed by nine secretaries of state and two lieutenant governors, all republicans.

Alex Brown

NEWS FLASH

First Trial Starts In Air Force’s Widespread Basic Training Sex Abuse Scandal | The Air Force is in the process of investigating a widespread sex abuse scandal at Lackland Air Force Base, where 36,000 recruits undergo basic training each year, and the first court marshal of the scandal starts today. Air Force Sergeant Luis Walker faces charges of multiple counts of rape and aggravated sexual assault. Since Walker was first accused of rape a year ago, the Air Force’s investigation has identified 31 victims and filed charges against six instructors. The scandal is so extensive — a quarter of the instructors in the 331st Training Squadron have either been charged with crimes or are under investigation for sexual misconduct — that investigators are now trying to determine if there are systematic issues with boot camp that contribute to sexual misconduct.

Alex Brown

Justiceline: July 16, 2012

Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice

  • The Department of Education may be able to temporarily shut down Penn State’s football program because of Title IX violations.
  • The Justice Department has identified potential criminal wrongdoing by banks in rate-fixing scandal.
  • The Daily Beast has an in-depth look at Judge Richard Posner’s criticism of the Supreme Court’s Citizens United decision.
  • People registering to vote this year in Conneticutt as “unaffiliated” outpace those registering as Democrats and Republicans combined.
  • In Georgia, Tea Party and progressive activists are joining together to fight the influence of lobbyists.

Alex Brown

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