Go Home

immunity

47 documents found in 0.001 seconds.

Mike's Blog Roundup

The Progressive Puppy: Fundamentalists ridicule new-found fossil that supports evolution

Post Tenebras Lux: About the real origin of those Tea Parties. They're so...authentic!

Truthdig: British Election Mania

They gave us a republic: Nightowl Newswrap

Sadly, No!: Sometimes a walrus is just a walrus

HOLY CRAP: Oaths and Affirmations... Lying pays...Infallible and Immune...Lessons from an assassination...First "Gay" President...Blue Gal in da nooz...No science on Easter...The Vatican Rag...Papal Bull...'Christianity' in Mississippi...Traditional Values ?...Still serving...No homo...



thumb_mediumMixa_228c0.jpg

Boy, this just keeps keeping worse, doesn't it? I would like to add this perspective: In the first half of the last century, it was extremely common for Catholic parents to pledge their first-born son to the priesthood and the first-born daughter to the sisterhood. That must have made for some very angry, repressed people who then took their rage out on children:

The child abuse scandal rocking the Catholic Church widened yesterday as a leading German bishop personally appointed by Pope Benedict was accused of ritually beating and punching children at a church-run home during the late 1970s and early 1980s.

Five former residents of the St Josef's home in Bavaria submitted written statements to Germany's Süddeutsche Zeitung newspaper claiming the Bishop of Augsburg, Walter Mixa, a controversial conservative churchman appointed by the Pope in 2005, used to hit and degrade them during punishment sessions at the home.

Bishop Mixa's diocese yesterday rejected the allegations as "absurd, untrue and obviously invented in order to defame the bishop".

The allegations emerged as the Vatican prepares a legal defence it hopes will shield the Pope from a lawsuit in the US seeking to have him answer questions under oath related to an abuse scandal. Court documents obtained by the Associated Press show that Vatican lawyers plan to argue that the Pope has immunity as head of state and that American bishops who oversaw abusive priests were not employees of the Vatican. The Vatican is trying to fend off the first US case to reach the stage of determining whether victims have a claim against the Vatican for allegedly failing to alert police or the public about Roman Catholic priests who molested children.

In Germany, Hildegard Sedlmayr, 48, a former resident of the home in the Bavarian town of Schrobenhausen, where Bishop Mixa was a priest, told Süddeutsche Zeitung that at age 15, the bishop dragged her from her bed and punched her repeatedly on the arm.

"He grabbed me by the nightshirt, pulled me up out of my bed and punched me repeatedly on the upper arm. Afterwards it was covered in bruises," she said. "The two years at St Josef's were the worst in my life."

Another former St Josef's resident, named as Thomas Huber, said he was in pain for "several days" after Bishop Mixa flogged him. "I was made to bend over a bench, then Mixa hit me 35 times with a carpet beater," he said.

Three other former residents said Bishop Mixa habitually punished children with slaps to the face, punches to the arms, and beatings. The former residents claimed that Catholic nuns who ran the home also hit children with brooms and wooden shoes.

UPDATE: Church-related abuse was apparently widespread.

A hotline set up by the Catholic Church in Germany to counsel victims of sexual abuse was overrun on its first day, with almost 4,500 calls. Further allegations have continued to emerge even as Chancellor Angela Merkel says the church is taking "necessary measures."

It was a much criticized idea. Earlier this month, Germany's Catholic Church announced that it was planning a hotline for sexual abuse victims to call should they be in need of counselling or advice. Given the ever-increasing wave of abuse allegations being levelled at clerics in Germany this spring, however, many critics doubted whether victims would phone up the organization that was responsible for their suffering in the first place.

The critics were wrong. On Wednesday, the first full day of the hotline's operation, fully 4,459 people phoned up -- far more than the therapists hired to man the phones could handle. Indeed, they were only able to conduct 162 counselling sessions, ranging from five minutes to an hour in length. Andreas Zimmer, head of the project in the Bishopric of Trier, admitted that he wasn't prepared for "that kind of an onslaught." Zimmer insisted, however, that those who leave a message will be called back.



Utah Has Now Made Miscarriage A Criminal Offense

miscarriage_822825450_33a9c_0.jpg

I've mentioned before that I had a miscarriage several years ago. Emotionally, the scars lasted for years and years. My poor sister, pregnant again after two recent miscarriages, is holding her breath, hoping that this pregnancy goes all the way to term. For someone hoping for a child, a miscarriage can be a devastating thing.

And now in Utah, un-fricking-believably, it can now be a criminal thing too.

Utah is not a state known for its legislative sanity. This, after all, is a state that recently made headlines for proposing to honor gun manufacturers on Martin Luther King Day and for considering the elimination of 12th grade to cut back on education spending.

Well, it just got a whole lot worse.

Utah just became the first state in the U.S. to criminalize miscarriage and punish women for having or seeking an illegal abortion. Utah's "Criminal Miscarriage" law:

  • expands the definition of illegal abortion to include miscarriages
  • removes immunity protections for women who have or seek illegal abortions
  • treats women as presumptive criminals and leaves them open to criminal prosecution

But even among states that punish illegal abortions, this "Criminal Miscarriage" law is unique. It not only punishes individuals who perform illegal procedures; it punishes women.

This legislation was prompted by the case of a 7 month pregnant 17 year old girl who paid a man $150 to beat her until it caused a miscarriage, but make no mistake, this is all about making it impossible to have an abortion, and controlling women through their reproductive options. But don't write off that prosecuting women for miscarriages is some fantastical dystopian ravings of an ultra-liberal, think again:

So, after making it near impossible and mostly illegal for undocumented (and even documented) women to buy their own health insurance that covers abortions, after making it impossible to get free or reduced cost health insurance that covers abortions–the state of Utah feels it’s important to then criminalize women who don’t have “legal” abortions.

But…what is a “legal” abortion? Is getting advice on what herbs to take from a midwife “legal?” Is taking various medications that many Latinas can get from Mexico and other Latin American countries “legal?” Is a coat hanger “legal?”

Because there seems to be no definition of what equates “legal” written into this legislation, that means any woman anywhere who for whatever reason miscarries–will be subject to criminal charges. And lest you think that prosecutors have ever shown restraint when it comes to pressing criminal charges against women who are making their own *often times very LEGAL* choices about their bodies, please, surf around the National Advocates for Pregnant Women website for a while. This organization of lawyers that defend pregnant women from criminal prosecution, has worked to defend women who have done such things as being pregnant and addicted to various drugs to refusing c-sections to being “uppity” in the birthing room.

Unbelievable. The legislation is written so loosely that any district attorney could prosecute any woman for "reckless behavior" that results in losing a pregnancy. Drinking too much, maybe. How about not wearing a seatbelt? Or not taking pre-natal vitamins/getting pre-natal care? Where does it end? I gotta ask: when will we ever stop treating everyone else except rich, white men as second class citizens?



This is certainly good news. I don't know if it has a snowball's chance in hell of passing, but you never know:

Senators Chris Dodd (D-CT), Patrick Leahy (D-VT), Russ Feingold (D-WI), and Jeff Merkley (D-OR) announced today that they will introduce the Retroactive Immunity Repeal Act, which eliminates retroactive immunity for telecommunications companies that allegedly participated in President Bush’s warrantless wiretapping program.

“I believe we best defend America when we also defend its founding principles,” said Dodd. “We make our nation safer when we eliminate the false choice between liberty and security. But by granting retroactive immunity to the telecommunications companies who may have participated in warrantless wiretapping of American citizens, the Congress violated the protection of our citizen’s privacy and due process right and we must not allow that to stand.”

Senator Leahy, Chairman of the Senate Judiciary Committee said, “Last year, I opposed legislation that stripped Americans of their right to seek accountability for the Bush administration’s decision to illegally wiretap American citizens without a warrant. Today, I am pleased to join Senator Dodd to introduce the Retroactive Immunity Repeal Act. We can strengthen national security while protecting Americans’ privacy and civil liberties. Restoring Americans’ access to the courts is the first step toward bringing some measure of accountability for the Bush-Cheney administration’s decision to conduct warrantless surveillance in violation of our laws.”

“Granting retroactive immunity to companies that went along with the illegal warrantless wiretapping program was unjustified and undermined the rule of law,” Feingold said. “Congress should not have short-circuited the courts’ constitutional role in assessing the legality of the program. This bill is about ensuring that the law is followed and providing accountability for the American people.”



billclinton_04091.jpg

Who ever could have guessed that an NSA analyst would look at someone's personal emails for their own purposes? (And of course, how certain are we that they weren't working for someone else?) I guess we should assume that there's an audience for anything we say or do!

A secret NSA surveillance database containing millions of intercepted foreign and domestic e-mails includes the personal correspondence of former President Bill Clinton, according to the New York Times.

An NSA intelligence analyst was apparently investigated after accessing Clinton’s personal correspondence in the database, the paper reports, though it didn’t say how many of Clinton’s e-mails were captured or when the interception occurred.

The database, codenamed Pinwale, allows NSA analysts to search through and read large volumes of e-mail messages, including correspondence to and from Americans. Pinwale is likely the end point for data sucked from internet backbones into NSA-run surveillance rooms at AT&T facilities around the country.

Those rooms were set up by the Bush administration following 9/11, and were finally legalized last year when Congress passed the FISA Amendments Act. The law gives the telecoms immunity for cooperating with the administration; it also opens the way for the NSA to lawfully spy on large groups of phone numbers and e-mail addresses in bulk, instead of having to obtain a warrant for each target.

The NSA can collect the correspondence of Americans with a court order, or without one if the interception occurs incidentally while the agency is targeting people “reasonably believed” to be overseas. But in 2005, the agency “routinely examined large volumes of Americans’ e-mail messages without court warrants,” according to the Times, through this loophole. The paper reports today that the NSA is continuing to over-collect e-mail because of difficulties in filtering and distinguishing between foreign and domestic correspondence.

If an American’s correspondence pops up in search results when analysts sift through the database, the analyst is allowed to read it, provided such messages account for no more than 30 percent of a search result, the paper reported.

The NSA has claimed that the over-collection was inadvertent and corrected it each time the problem was discovered. But Rep. Rush Holt (D-New Jersey), chairman of the House Select Intelligence Oversight Panel, disputed this. “Some actions are so flagrant that they can’t be accidental,” he told the Times.



Two More Swine Flu Casualties in New York

No, it didn't go away. In fact, the daughter of one of my best friends was just diagnosed:

Two more New Yorkers have died with confirmed cases of swine flu, the city’s health commissioner said on Tuesday, bringing the city’s total number of deaths related to the virus to four. Emergency room visits and hospitalizations also continued to rise.

The commissioner, Dr. Thomas R. Frieden, said the two latest casualties, a 41-year-old woman in Queens and a 34-year-old man in Brooklyn, were linked to the H1N1 virus by lab tests completed on Monday and Tuesday. Both patients had underlying health conditions that put them more at risk, he said. He added that he could not say officially whether the flu had caused their deaths until autopsies were finished. Both died on Friday.

Officials have cited underlying conditions as a factor in all four deaths in the city, but they have not revealed those conditions, citing medical confidentiality.

[...] Dr. Frieden, speaking at a news conference at the health department, noted that both patients who died were relatively young. Health officials have said that there is some evidence that people born before 1957 may have been exposed to a similar virus and may have some immunity to the novel strain of flu that is circulating.

Hospitals that normally get about 200 visits to the emergency room each day are getting 2,000 per day, he said, and more than 25,000 people have gone to emergency rooms over the past month. The numbers are highest in Queens, but are increasing in Brooklyn and, to a lesser extent, in the Bronx and Manhattan.

Over the last five days, he said, 20 to 25 people a day have been hospitalized with the flu. Before the weekend, the city had recorded only 57 hospitalizations for flu during the entire preceding 30 days.



White House attorneys are quite capable of coming up with creative legal arguments. The problem, though, is that judges aren’t willing to reward their creativity.

President Bush’s top advisers are not immune from congressional subpoenas, a federal judge ruled Thursday in an unprecedented dispute between the two political branches.

House Democrats called the ruling a ringing endorsement of the principle that nobody is above the law.

In his ruling, U.S. District Judge John Bates said there’s no legal basis for Bush’s argument and that his former legal counsel, Harriet Miers, must appear before Congress. If she wants to refuse to testify, he said, she must do so in person. The committee also has sought to force testimony from White House chief of staff Joshua Bolten.

“Harriet Miers is not immune from compelled congressional process; she is legally required to testify pursuant to a duly issued congressional subpoena,” Bates wrote. He said that both Bolten and Miers must give Congress all non-privileged documents related to the firings.

Because I know this is the first question on the minds of many political observers, I should note that Bates was appointed to the federal bench by none other than George W. Bush. Indeed, Bates has, in general, been a Bush administration ally (he threw out Valerie Plame’s suit against Karl Rove, for example).

But not today. Bates wrote that “the Executive’s current claim of absolute immunity from compelled congressional process for senior presidential aides is without any support in the case law.”

House Speaker Nancy Pelosi called it “very good news for anyone who believes in the Constitution of the United States and the separation of powers, and checks and balances.”

So, what happens now?

Continue reading »



Mike's Blog Roundup

American Civil Liberties Union: The Senate passed an unconstitutional spying bill and granted sweeping immunity to phone companies. Obama had promised to filibuster this measure. He didn't. Let's do something!

Freewayblogger: Gas pump blogging

Mugsy's Rap Sheet: High gas prices may prove to be just another tool for stealing elections.

Consortiumnews: Mukaskey is Bush's new Mr. Coverup. He acts more like a crime family consigliere than the chief law enforcement officer of the US.

Where's the Outrage? For everyone over the age of 25, we've been here before. In late 1970s, as oil prices began to skyrocket, we had a debate in this country over oil and energy independence.

Blue Jersey: More confirmation that the GOP and cohort aren't merely insensitive to overt racism when lauding Helms. It's a defining characteristic of the party.



Supporting telecom immunity pays dividends

An analysis by LightMAP.org reveals that the 94 Democrats who changed their position on FISA since March are being flooded with donations from the companies who they now want to give a free pass. Shouldn't this be illegal or something?

Politico:

Dems who flipped on FISA immunity see more telecom cash

House Democrats who flipped their votes to support retroactive immunity for telecom companies in last week’s FISA bill took thousands of dollars more from phone companies than Democrats who consistently voted against legislation with an immunity provision, according to an analysis by MAPLight.org.

The 94 Democrats who changed their positions received on average $8,359 in contributions from Verizon, AT&T and Sprint from January, 2005, to March, 2008, according to the analysis by MAPLight, a nonpartisan organization that tracks the connection between campaign contributions and legislative outcomes.



Senator Chris Dodd, Constitutional Champion

Senator Chris Dodd (D-CT), who along with Russ Feingold has been the fiercest defender of Constitutional rights, took to the floor last night to deliver a two-hour impassioned speech in defense of the rule of law, and offered a scathing critique of the sham FISA bill about to become law.

icon Download | play icon Download | play

"Mr President, I had hoped that I would not have to come to the floor under these circumstances again. I've fought this with everything I have in me. Today we are being asked to pass the so-called compromise that was reached by some of our colleagues and approved by the other body, the House of Representatives. I'm here this evening to say that I will not and I can not support this legislation. This legislation goes against everyhting I've stood for, everything this body ought to stand for in my view."

I'm somewhat of a CSPAN junkie, but Dodd's sincere respect and concern for this country's sacred principles and his passionate defense last night of those principles was the most uplifting yet depressing thing I have ever seen; uplifting because it proved to me that there are leaders out there who still give a damn, but depressing because, with rare exceptions, he is alone. When the history of the Bush years is written and future generations look back and wonder how we sank so low, how an abject failure like George W. Bush successfully transformed our national character, at least we can look back to times like these and know that there were some true patriots sounding the alarm.

Glenn Greenwald sums up the floor speech thusly:

Continue reading »