hate crimes

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Many of us celebrated when the Justice Department announced it had indicted three police officers for obstructing justice in the case of the bias-crime murder of a Latino named Luis Ramirez in the rural town of Shenandoah, Pennsylvania.

But as Maegan La Mamita Mala at Vivir Latino observes (be sure to read the whole post):

Civil rights and the more expansive human rights matter little when you’re dead. So longer sentences make us feel better, like all the marching, chanting, petition signing, mouse clicking and text messaging meant something. Whatever the outcome of the Federal case, no one will go to jail for taking Luis Ramirez from his children and this world. So while we need to support this case, it has to be done in a larger context. Whatever the outcome of the Federal case, it still will be dangerous to be a Latino in the United States.

This reality is underscored by the details as they emerge in the Ramirez case. Indeed, the conditions that gave rise to the attempt to cover up the bias crime by local officers are present in nearly every small rural town in America.

Consider, for instance, what the local prosecutor saw going on with the case as he handled it:

The Pennsylvania prosecutor who failed to secure felony convictions against two teens in the beating death of a Mexican immigrant says he thought his case was "compromised" from the start.

Like many residents in the small, tight-knit eastern Pennsylvanian community of Shenandoah, Schuylkill County District Attorney James Goodman knew that an officer investigating the death of Luis Ramirez was in a relationship with the mother of one the teens involved.

Goodman also believed the investigation and evidence hadn't been handled as it should have been.

"They didn't interview the perpetrators, the boys. In fact, not only did they not interview them, they picked them up, gave them rides, helped them concoct stories, brought them back and told the boys what to say," Goodman told CNN.

The son of Shenandoah Police Lt. William Moyer also played on the same football team as the teens who were involved in the July 2008 street brawl, according to court documents.

"It's clear they were trying to help these boys out, for whatever reason -- they were football players, these police officers were trying to help these boys out and limit their involvement in the death of Luis Ramirez."

Likewise with the local eyewitnesses to the crime:

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Already we can be thankful that we finally passed a federal hate-crime law this summer -- because it's helping bring about justice in the case of a Latino man killed by white thugs in Shenandoah, Pennsylvania:

WASHINGTON (CNN) -- Five people, including three police officers, have been indicted in the fatal race-related beating of a Latino man in Shenandoah, Pennsylvania, the Justice Department said Tuesday.

Two indictments charge the five with federal hate crime charges, as well as obstruction of justice and conspiracy, authorities said in a written statement. A federal grand jury handed up the indictments last week, and they were unsealed Tuesday.

Derrick Donchak and Brandon Piekarsky are charged with a hate crime for beating Luis Ramirez in July 2008 while shouting racial epithets at him, according to the department. Ramirez died two days later.

"Following the beating, Donchak, Piekarsky and others, including members of the Shenandoah Police Department, participated in a scheme to obstruct the investigation of the fatal assault," the Justice Department said. As a result, Donchak faces three additional counts of conspiring to obstruct justice and related offenses, officials said.

Shenandoah Police Chief Matthew Nestor and two other officers are charged with conspiring to obstruct justice in the Ramirez investigation. Nestor and a fourth police officer are named in a third indictment and charged with extortion and civil rights violations related to police corruption, the Justice Department said.

It's genuinely disturbing to discover that local law-enforcement officers were involved in covering this matter up and obstructing justice. It adds just another twist to an already shocking case.

The Ramirez case was a classic example of why we needed to pass a federal bias-crime law -- especially considering the outrageous circumstances in which the local jury slapped the young thugs on the wrist:

[T]his was a pretty clear-cut case of jury nullification: the weight of evidence against the accused was so powerful that it's clear the all-white jury -- like similar juries in the South during the Civil Rights struggle -- was not going to convict two young white men of murdering a Mexican. Even if, as Friedman says, "the only reason he is dead is because he was Mexican."

Prosecutors alleged that the teens baited the Ramirez into a fight with racial epithets, provoking an exchange of punches and kicks that ended with Ramirez convulsing in the street, foaming from the mouth. He died two days later in a hospital.

Piekarsky was accused of delivering a fatal kick to Ramirez's head after he was knocked to the ground.

As they poured out of courthouse, the teens' supporters shouted "I was right from the start" and "I'm glad the jury listened" at cameras that caught the late-night verdict.

But Gladys Limon, a spokeswoman for the Mexican-American Legal Defense and Education Fund, said the jury had sent a troubling message.

"The jurors here [are] sending the message that you can brutally beat a person, without regard to their life, and get away with it, continue with your life uninterrupted," she said.

Considering some of the details of the killing, it's also inordinately clear this was a classic bias crime, with the incident instigated by racially charged taunts that made clear the victim was selected because of racial animus:

"Isn't it a little late for you guys to be out?" the boys said, according to court documents. "Get your Mexican boyfriend out of here."

... Burke recalled hearing one final, ominous threat as the teens ran. "They yelled, 'You effin bitch, tell your effin Mexican friends get the eff out of Shenandoah or you're gonna be laying effin next to him,' " she said.

That is, of course, the entire purpose of bias crimes: To hold the victim up as an example: "You're next." The purpose is to terrorize the target community, to drive them out, eliminate them.

This is why Latino advocates demanded the Justice Department step in and deliver justice. It looks like they have.

Larry Keeler at HateWatch has more.


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[H/t Dave E/]

Yesterday, a genuinely historic moment passed with scarcely a blip of attention from the media: President Obama signed into law the nation's first genuine federal bias-crimes statute.

Everyone interested in advancing civil rights in America and defending the nation's minorities from the deprivation of their rights by terroristic thugs -- particularly their historic victims, from African Americans and Asian Americans to Latinos, to Jews and other religious minorities, to gays and lesbians and transgender folk -- have real cause to celebrate. Brian Levin has a nice collection of their thoughts at HuffPo.

Then, of course, there's the Religious Right, which is holding its collective breath and pouting over the event. Case in point: Pat Robertson at The 700 Club, ripping into the new law both yesterday and today on his show.

His basis for opposing the law, however, is completely detached from reality. For instance, Robertson argues:

Robertson: You know, there’s a law – what about a law that says it’s a federal crime to attack somebody because of his religious beliefs? Not a chance!

Robertson seems completely unaware that in fact religious bias is one of the categories of bias crime covered by hate-crime laws -- and it has been from the very start, since these laws were first enacted on the state level in the early 1980s!

Hint to Pat: Religion was covered as a bias category from the start because Jews have long been some of the most common victims of bias crimes. For instance, in the FBI's hate-crime statistics for 2007, some 1,400 of the nation's 7,600 or so reported bias crimes were of the "anti-religion" category; of those, some 118 were varieties of anti-Christian bias.

Indeed, he needs only read the text of the the Matthew Shepard Hate Crimes Prevention Act to see that religion is one of the categories of bias it covers:

“(1) OFFENSES INVOLVING ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, OR NATIONAL ORIGIN.—Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person—

“(2) OFFENSES INVOLVING ACTUAL OR PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY.—

“(A) IN GENERAL.—Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (3), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity or disability of any person—

, claiming that the law will attack people's free-speech rights. This is, of course, a completely bogus claim, since the bill has very specific free-speech language built into it.

Finally, as Media Matters points out, religious discrimination has long garnered special federal attention in the federal criminal code.

The mewling and fearmongering from the religious right should actually tell progressives they're on the right track here.

Below, I've preserved video footage of President Obama signing the bill into law.

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C&L's Late Nite Music Club with Nirvana

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Another hometown hero of sorts for us Seattleites. Actually, Kurt Cobain and Krist Novoselic were from Aberdeen/Hoquiam, where I spent a bunch of time working on my book about hate crimes, Death on the Fourth of July. A more bleak upbringing I could not really imagine, except maybe in Forks. Anyway, this is another cover, this time of a great David Bowie song from the era when Bowie was a great songwriter.


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Yesterday, the Senate passed the Defense appropriations bill, and actually garnered some 28 "No" notes from Republicans who otherwise would normally be eager to jump on a defense-spending bill.

Their reason? Well, attached to the bill was the nation's first real federal hate-crime law. And that, it seems, was too much for them.

But then, that's par for the course for the modern Republican Party, which ever since the days of Nixon has come to represent the knuckle-dragging bloc of American culture, which resists efforts to expand and protect the civil rights of all Americans tooth and claw every step of the way -- mainly by appealing to people's irrational fears that granting civil rights to others erodes their own rights ... and usually conflating rights with privileges along the way.

With President Obama having promised to sign the bill into law, however, all this sound and fury has finally come to naught. And for that, it's worth standing back and appreciating what a historic moment it actually is.

The passage of the Matthew Shepard-James Byrd Hate Crimes Prevention Act really is a momentous occasion: It marks the first time in history that Americans have collectively taken an effective stand against the thugs and bullies who have used violence through the course of our history to threaten and oppress whole populations of minorities.

Here's Brian Levin's summary at HuffPo:

The United States Senate passed landmark legislation today that expands the coverage and protection of federal hate crime laws to now include sexual orientation, gender, gender identity and disability. While a 1994 federal law technically covered gays, the scope of the law was so narrow that it was hardly ever used. Today’s legislation is expected to be signed by President Obama soon. It marks the first practical expansion of the most broadly applicable criminal civil rights law since 1968.

Moreover, as Joe Solomonese at the Human Rights Campaign observed, this law marks "our nation's first major piece of civil rights legislation for lesbian, gay, bisexual and transgender people."

It has been a long and arduous -- not to mention frustrating -- effort. I have been observing hate-crimes laws since their beginnings: my home state, Idaho, passed one of the nation's first bias-crime statutes in 1981, largely in response to the onset of crime associated with the Aryan Nations setting up shop in the Panhandle. (To the state's lasting shame, both of its senators voted against this bill.) My second book was an examination of the phenomenon of bias crimes and the enforcement of the laws dealing with them -- and all along, it has been clear that Congress needed to act.

What kept them, of course, was a Republican Party fully in the thrall of the Religious Right, which has fought any expansion of a federal bias-crime bill generally, while doing so under the rubric of opposing the "homosexual agenda." This bill had actually passed both houses of Congress three times previously, and was derailed each time by Republican machinations.

But that's only a small part of a much bigger picture. Passage of a federal bias-crime statute finally means that we have overcome our many previous failures to stand up to the perpetrators of terroristic crimes. Remember, if you will, how the Senate back in 2005 apologized for its failures to ever pass an anti-lynching statute back in the 1920 and 1930s, when lynching was a national problem -- even as it continued to fail to enact a law to combat the modern descendant of the lynch mob, namely, the multiple perpetrators of bias crimes.

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President Obama Vows to Sign Hate Crimes Legislation

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President Obama vows to sign the hate crimes bill during his speech at the Human Rights Campaign's annual dinner. While this and other parts of his speech were not enough to satisfy the folks over at AmericaBlog, it is at least a step in the right direction, and a far cry from the likes of Republican Rep. Louie Gohmert and his disgusting rant demonizing the gay community on the House floor this past week.

President Obama also vowed to "repeal both Don’t Ask, Don’t Tell and the Defense of Marriage Act" and stood by his LGBT Nominees under attack from the right as reported by Think Progress.

President Obama: So I know you want me working on jobs and the economy and all the other issues that we’re dealing with, but my commitment to you is unwavering even as we wrestle with these enormous problems. And while progress may be taking longer than you’d like as a result of all that we face, and that’s the truth, do not doubt the direction that we are heading and the destination we will reach.

My expectation is that when you look back on these years you will see a time when we put a stop to discrimination against gays and lesbians, whether in the office or on the battlefield.

You will see a time in which we as a nation finally recognize relationships between two men or two women as just real and admirable as relationships between a man and a woman.

You will see a nation that’s valuing and cherishing these families as we build a more perfect union—a union in which gay Americans are an important part. I am committed to these goals and my administration will continue fighting to achieve them.

And there’s no more poignant or painful reminder of how important it is that we do so than the loss experienced by Dennis and Judy Shepard whose son Matthew was stolen in a terrible act of violence eleven years ago.

In May I met with Judy who is here tonight with her husband. I met her in the Oval Office and I promised her that we were going to pass an inclusive hate crimes bill—a bill named for her son. This struggle has been long. Time and again we faced opposition. Time and again the measure was defeated or delayed, but the Shepards never gave up.

They turned tragedy into an unshakable commitment. Countless activists and organizers never gave up. You held vigils. You spoke out year after year, Congress after Congress. The House passed the bill again this week and I can announce that after more than a decade this bill is set to pass and I will sign it into law.


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[H/t Heather]

By now you've probably heard about the case of Troy Dale West, who seems to have loaded up on Rush Limbaugh just before heading down to the Cracker Barrel in Morrow, Georgia, earlier this week:

The FBI is investigating as a possible hate crime an incident in which a woman was beaten to the ground in front of her child at the entrance to a Cracker Barrel restaurant in Morrow, Georgia, south of Atlanta.
Troy Dale West, of Poulan, Georgia, is facing battery and cruelty to children charges after the incident.

Troy Dale West Jr., of Poulan, Georgia, is facing charges including misdemeanor battery and disorderly conduct after allegedly beating Army reservist Tashawnea Hill, 35, after the two had words at the entrance of the Morrow, Georgia, restaurant the evening of September 9.

Hill, an African-American, told police that West, 47, yelled racial epithets at her as the attack took place.

"He did punch me with a closed fist repeated times. My head is still hurting today. I have knots on my head," Hill told CNN Wednesday night, adding she also was kicked.

... Hill told police the incident started when she and her daughter were entering the restaurant at the same time West and his wife were exiting.

"The man slung open the door pretty hard and fast and I had to push my daughter out of the way," Hill told CNN affiliate WSB-TV. "I turned to the man and I just said, 'Excuse me sir, you need to watch yourself; you almost hit my daughter in the face.' And from there it just went downhill."

West, according to the police report, admitted striking Hill "after she spit on me and accused me of trying to hit her daughter with a door."

Appearing on CNN Wednesday night, Hill and her attorney, Kip Jones, denied that she spat on West. Jones said he saw surveillance video of the incident.

"At no point did Ms. Hill do anything to provoke the attack. She did not spit on Mr. West. She spoke to him. He attacked her," Jones said.

CNN's Rick Sanchez caught video of West's cousin sticking up for him:

I want you to take a look at this guy right here. Go ahead and put him up, Rog. There he is. That's Troy West. He's accused of beating and screaming racial slurs at a woman, a mom, when she asked him to be careful when he pushed the door and almost hit her child, her daughter, her 7-year-old.

This was at a Cracker Barrel restaurant just outside of Atlanta. Well, reporters have been flocking to West's hometown in southern Georgia talking to the locals there. And you're not going to believe what one man who says that he's West's cousin had to say.

This is going to startle you somewhat, take you back. Listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: If you asked me why he hit the woman, if you ask me, he was provoked. That's my -- I think he was. Now, it might not come out that way, but I have never known Troy to hit anybody.

QUESTION: But does that make it OK?

UNIDENTIFIED MALE: That's everybody's own deal on that. I mean, I don't know what she done, but if a woman puts herself in a man's shoes, sometimes, I would say yes.

I'm sure the victim is happy to know that, because Barack Obama was elected president, America has solved the problem of racism. In fact, the only remaining real racism is the kind that brown people like Obama and Sonia Sotomayor have for white people.

At least, that's what we get told on Fox every day.


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Kenneth Gladney is doing his best to cash in on his 15 seconds of fame, following his fake "brutal assault" at the hands of SEIU supporters outside a St. Louis "town hall" on health care. Today he went on Fox and Friends with his attorney, Dave Brown, who announced that he wanted local prosecutors to pursue the case as a "hate crime."

Mr. Brown appears to be confused about just what constitutes a "hate crime". Namely, it take more than merely the matter of Gladney being a black man to qualify as such a crime; indeed, the main qualification has to be that a bias motivation has to be present. That is, prosecutors would have to establish that the people being charged were motivated by the victim's race.

Gladney claims that he was called the N-word -- but the man using that word was another black man. Proving a motivation of bias against blacks will be pretty difficult under those circumstances.

Moreover, if you go back and look at the tape, a couple of other things are worth noting:

-- It's the black man with whom Gladney apparently first had a verbal altercation who we see lying on his back on the street when the tape opens. If anyone can claim to be assaulted here, it's this man.

-- It's not clear that any actual assault occurred here at all. Gladney is pushed to the ground by someone trying to clear space for his friend. Certainly, given that Gladney appears to be just fine for most of the rest of the video, there's no evidence that he suffered any harm whatsoever in the incident.

And in order to file a hate-crime charge, any prosecutor will have to prove first that a crime was committed -- well before he can even look into the question of whether it was committed with a bias motivation. Considering that both appear extremely unlikely, Brown and Gladney are clearly both just grandstanding.

Besides ... aren't conservatives opposed to hate-crimes laws as a matter of principle?


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This weekend the righties got all worked up about the supposed "brutality" of union thugs in St. Louis who they say beat up a black conservative tea partier named Kenneth Gladney who came out to protest the Obama health-care plan on Thursday. They even had a big protest the next day, along with a press conference featuring Gladney in a wheelchair.

But take a look at the video of the supposed assault. It enters the scene a bit late -- an SEIU member is already on the ground and appears to be injured, but we can't tell what the cause was. As he's laying there, other SEIU members come to his protection, and one of them pulls down Gladney; both men fall to the pavement. Both quickly get back up. There appears to be little to it. [A section of the video showing the supposed assault is in slow motion.]

Indeed, it's readily apparent that Gladney seems completely unhurt. He wanders out to the crowd, chats with the cameraman, flags down a cop, and saunters back to where police decide to handcuff the man who knocked him down. As you can hear, the man protests that he was just keeping Gladney away from his fallen friend.

The next day, Gladney is at the press conference in a wheelchair. He claims to be too medicated to speak, so his lawyers and fellow tea partiers do it for him.

Does this seem real to you? Sure looks fake to me.

Right-wingers love to bring up cases of fake hate crimes and overblown racial-profiling claims as proof that these phenomena don't really exist to the extent that their victims claim. (See Ann Coulter for the most recent example, but Michelle Malkin has made a minor cottage industry out of this specious narrative.) But they sure do love it when a minority conservative can make a reverse-the-charges accusation (usually involving race) against liberals -- no matter how dubious the claims.

We can see, moreover, that the right-wing teabaggers intend to create as much physical provocation as possible and then claim victimhood when something erupts -- even when there's nothing. (See yesterday's history lesson for more on this.)

Even worse, this kind of nonsense creates permission for right-wingers to then indulge in the "defensive" violence we've read them fantasizing about on right-wing gun forums. You know, that "Second Amendment" threat we've been hearing.

At the end of the video, I've added a snip from a friend of Gladney's, who remarks: "I wish I'd been there with you, bro, it'd have turned out a lot different, I promise you."

That's what worries the rest of us.


Absolutely shocking. Since these types of crime are typically incited by inflammatory rhetoric, it seems likely it had something to do with the ultra-Orthodox activists in the city:

JERUSALEM -- Hundreds of police officers scoured the streets of Tel Aviv on Sunday in a manhunt for a gunman who shot and killed two people and wounded 11 others at a club for gay youth.

The shooting shocked the Mediterranean city, which prides itself on its live-and-let-live attitude and boasts a thriving gay community, and drew condemnations from the city's mayor, from Cabinet ministers and from Prime Minister Benjamin Netanyahu. "We'll bring him to justice and exercise the full extent of the law against him," Mr. Netanyahu said of the killer, speaking at the Israeli Cabinet's weekly meeting.

A masked man entered a club for gay teens in downtown Tel Aviv late Saturday, pulled out a pistol and shot in all directions, police spokesman Micky Rosenfeld said. Israeli media identified the dead as a 26-year-old man and a 17-year-old girl. The man then holstered his pistol and fled the scene on foot into the busy streets of Tel Aviv, Mr. Rosenfeld said.

Nitzan Horowitz, Israel's only openly gay lawmaker, called the attack a "hate crime." "This is the worst attack ever against the gay community in Israel," he said. "This act was a blind attack against innocent youths, and I expect the authorities to exercise all means in apprehending the shooter."

Israel's gays and lesbians typically enjoy freedoms similar to those of gays in European countries. Gay soldiers serve openly in the military, and openly gay musicians and actors are among the country's most popular. Tel Aviv holds a festive annual gay parade, rainbow flags are often seen flying from apartment windows and there is a city-funded open house for the community.

However, ultra-Orthodox Jewish leaders often incite against gays, especially in conservative Jerusalem, where there have been clashes between religious and gay activists. In 2005, an ultra-Orthodox protester stabbed three marchers at a Jerusalem gay parade. The ultra-Orthodox Shas party, a frequent critic of gays in Israel, issued a statement condemning Saturday's attack.


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There was a little bit of history made yesterday, though hardly anyone noticed: the Senate passed a hate-crimes bill.

This is historic because it marks the first time both houses have agreed to a federal law dealing with these kinds of crimes. Dating back to the failures of Congress to ever enact anti-lynching legislation, the Senate made history by forwarding the bill to the president, where he is expected to sign ... or is he?

WASHINGTON — People attacked because of their sexual orientation or gender would receive federal protections under a Senate-approved measure that significantly expands the reach of hate crimes law.

The Senate bill also would make it easier for federal prosecutors to step in when state or local authorities are unable or unwilling to pursue hate crimes.

"The Senate made a strong statement this evening that hate crimes have no place in America," Senate Majority Leader Harry Reid, D-Nev., said after the chamber voted Thursday to attach the legislation as an amendment to a $680 billion defense spending bill expected to be completed next week.

The House in April approved a similar bill and President Barack Obama has urged Congress to send him hate crimes legislation, presenting the best scenario for the measure to become law since Sen. Edward Kennedy, D-Mass., first introduced it more than a decade ago.

Republicans will have the opportunity to propose several more changes to the hate crimes bill on Monday, but that will not change its status as part of the must-pass defense bill.

However, Obama is threatening to veto the bill if it comes attached with funding for F-22s that John McCain and Co. have stuck onto it. Eventually it's expected to return to his desk if that happens, but there's always the chance for Republican mischief in the interim.

In any event, perhaps the best thing about its passage is that it makes the wingnuts very, very unhappy. Even John McCain was spouting off about its inclusion as David Doody at HuffPo noted:

"While we have young Americans fighting and dying in two wars we're going to take up the hate-crimes bill," McCain said, "because the majority leader thinks that's more important, more important than legislation concerning the defense of this nation." And later: "The Senate will pass a highly controversial, highly explosive piece of legislation to be attached to the authorization for the defense and the security of this nation. That's wrong."

Better yet, it makes people like Glenn Beck even more insane than they already are.

Yesterday on his Fox News show, Beck tried to make the case that there's a logical reason to include veterans in hate-crime statistics, and cited the example of the military recruiters shot in Arkansas by an angry Muslim man was proof of this problem. His guest had a couple more incidents.

Well, it's been our position all along that recruiters aren't included in the legislation for a number of reasons (including the fact that veteran status is a problem in terms of equal-protection issues), the main one being that there isn't an identifiable problem that needs addressing under this legislation.

All that Beck and his guest have to do is go visit the FBI's Website and look up, say, the 2007 hate crime statistics. You'll see that there are about 8,000 of them reported to the FBI in about any given year. The largest single motivation is anti-black bias crimes (2,658 of them in 2007). Even in the category that people like Beck like to pretend doesn't exist -- anti-white bias crimes -- there were 749 reported offenses.

Can Beck and his guest demonstrate anything even close to those kinds of numbers -- and thus a demonstrable need for inclusion? I would wager not.

Besides, they're not actually serious about this. They're just trying to add to the pile of BS they've been spreading about this bill from the get-go. Like anybody's paying attention to what they think anyway.


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Judge Andrew Napolitano sat in as the guest host yesterday on Glenn Beck's Fox News show, and featured a segment devoted to the notion that the hate-crimes legislation currently before the Senate might somehow be abused to undermine Americans' free-speech rights. His guest was David Rittgers of the Cato Institute.

There is, however, a problem right off the bat with their thesis: The bill in question -- the Local Law Enforcement Hate Crimes Prevention Act (LLEHCPA) -- contains specific language designed to ensure that the bill is never construed in such a fashion:

Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by, the Constitution.

Any honest discussion of this aspect of the legislation would have to bring this language into consideration -- but it's never mentioned by either Napolitano or Rittgers. Rittgers has written about it at Cato -- mostly objecting on the basis of concerns about federalism -- and similarly omits any discussion of the bill's actual language (which also explicitly recognizes the primary role of the states and local jurisdictions).

Watch instead what Napolitano and Rittgers do in the course of this discussion: they bring in a totally unrelated piece of legislation -- the "Megan Meier Cyberbullying Prevention Act", which is indeed highly dubious from a constitutional point of view -- as though it were part and parcel of the same hate-crimes legislation issues -- even though the two laws have nothing to do with each other.

And then they return almost seamlessly to the federalism and double-jeopardy issues around the LLEHCPA -- Napolitano just refers briefly to "this legislation," but it's quickly clear they're discussing not the Megan Meier bill, which does not raise such issues, but rather the LLEHCPA. It's all so muddied up that anyone watching the show could easily conclude that they're somehow packaged together.

Moreover, the double-jeopardy problems -- as we've explained in some detail -- are largely nonexistent, or rather simply reflect the ongoing debate over "dual sovereignty doctrine," which involves many more issues than merely bias crimes.

The ACLU strongly supports this bill, despite its usual concerns over double jeopardy, and if you look the bill's actual language, you can see why:

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Last year a Norwegian news crew interviewed Shawna Forde while she was out on "patrol" for illegal border crossers in the vicinity of Arivaca, Arizona -- the same area where, less than a year later, she would be arrested for the cold-blooded murder of a 9-year-old girl and her father.

It's pretty chilling, particularly when she describes their activities in the desert:

And then there's the shot where you see her stick her gun down her pants. (For someone raised around guns in a shooting family, that only confirms her complete and utter dumbassery. What is it about Minuteman types who stick their guns down their pants? This is always the sign of someone too stupid to care whether they shoot off their dick or ass.)

In any event, this is all part of why, as Patrick Young at Long Island Wins notes, the Minutemen and their supporters are scrambling hard to get away their many long associations with Forde:

Shawna Forde, who allegedly cooked up the deadly plot to raise money for political action had close ties to Jim Gilchrist, one of the two founders of the Minutemen. His website had defended her against criticism from other anti-immigrant activists as recently as January of this year. Yet, if you go to his site today, pages that Google says listed her have been scrubbed.

Same thing with VDARE, the homepage of educated racism. The site had an article criticizing a newspaper that had called Forde's claims of having been abducted by aliens (Latino immigrants, not space monkeys) far-fetched. The page was scrubbed. It only exists as a Google cache and will soon disappear. Cowards. If you want to back up a woman her brother describes as a sociopathic liar you should at least leave your endorsement up when she is also shown to be a psychopathic murderer.

Young also adroitly observes:

Jeff Schwilk, the leader of the San Diego Minutemen, in his denial of involvement with Shawna Forde gave the most damning statement about her and his own armed militia: "I've been concerned about her and her impact on our movement... Irrational people with assault rifles at the border is a recipe for disaster."

Exactly what I've been saying since I first heard of the Minutemen.

Indeed. And the above video is ample testament to that fact.

Meanwhile, Chad Shue at the Examiner describes how Forde's extremism helped drive the formation of an organized civil-rights campaign to counter it in the Everett area in the form of the Snohomish County Citizens Committee for Human Rights.

The Colorado Independent points out that Tom Tancredo also had his representatives in attendance at Forde's 2007 "Immigration Summit" in Everett, where a letter was read from Tancredo sending his regrets for not being in attendance.

And Marc Cooper chimes in as well.

Of course, at this point, we're still wondering where the rest of the media are. The national reporting on this has been nearly nonexistent -- particularly at Fox.

Imagine for a moment, if you will, the media reaction under the reversed scenario: If this had been a Mexican drug gang that had murdered a white family in the desert, can you imagine how Glenn Beck and Bill O'Reilly would have handled it?


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Remember how, a week or so ago, Bill O'Reilly was preoccupied with the idea that the news media had comparatively obsessed over the domestic-terrorism killing of Dr. George Tiller, while "ignoring" the killing of Private Long, a similar act of terrorism? He had numerous segments complaining that the matter proved there was a liberal media bias.

At one point, he complained that CNN had "ignored" the story -- a completely meritless charge. At another, he even claimed that the only place you could find any coverage of the case was on Fox.

Now, compare that to how Fox has handled yet another horrifying case of murderous extremism: the arrest of Shawna Forde and her Minuteman cohorts for the cold-blooded murder of a 9-year-old girl and her father.

Fox simply has ignored the story. There is a single Associated Press story on the Fox website. This AP piece, notably, contains not a single reference to Forde's long history with the Minuteman movement, her close ties to Jim Gilchrist, or the fact that she intended this Minutemen squad to use its ill-gotten gains to "start a revolution against the United States government."

Meanwhile, I've reviewed my Fox News recordings, meanwhile, and cannot find a single instance of the story being reported anywhere on the news channel. (I could be mistaken about this; the recordings are only partially complete, and it's possible something ran in the occasional gaps in my record. But not likely.)

Meanwhile, have O'Reilly, or Glenn Beck, or Sean Hannity -- all of them big fans of the Minutemen -- even mentioned the story a single time?

No. That's a big fat No.

Of course, you have to wonder if it's not because this case demolishes O'Reilly's take on the Minutemen:

"Talking Points applauds the Minutemen. They are in the great tradition of neighborhood watch groups."

Now, it's worth noting that the entire mainstream media have largely been missing in action on this story, perhaps for similar reasons. Nonetheless, Anderson Cooper has reported on it, as has Rick Sanchez. (However, Lou Dobbs has similarly been completely mum about it.)

Meanwhile, MSNBC has reported dutifully on the matter, though I have yet to have found any news-channel coverage.

But those stations didn't accuse anyone of under-covering any stories recently. And there's no question that this is a significant story because it exposes so deeply the twisted nature of the Minuteman movement beneath its "neighborhood watch" facade -- a facade erected with Bill O'Reilly's help.

Yet O'Reilly, it seems, can't even live up to the standards he demands his cable competitors meet.

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We've been pointing out for a long time the powerful connection between right-wing hate talk directed at illegal immigrants -- generated by the whole spectrum of media pundits and nativist anti-immigration organizations -- and the predictable and powerful explosion of hate crimes directed toward Latinos in recent years.

Indeed, the now-infamous case of Luis Ramirez in upstate Pennsylvania is not just a classic illustration of the problem, but equally a demonstration of the real need for a federal bias-crime statute.

More pointedly, perhaps, the case of Shawna Forde and her gang of Aryan Minutemen -- who killed a 9-year-old girl in cold blood in a botched home-invasion robbery in Arizona -- makes abundantly clear how the kind of anti-immigrant rhetoric being stirred up on the Right by "respectable" nativists like the Federation for Immigration reform is whipping extremists into their usually violent courses of action.

The Washington Post yesterday reported on the connection between the nativist immigrant-bashing that has been endemic to the immigration debate and these kinds of hate crimes:

U.S. civil rights leaders said yesterday that an increase in hate crimes committed in recent years against Hispanics and people perceived to be immigrants "correlates closely" to the nation's increasingly contentious debate over immigration.

Hate crimes targeting Hispanic Americans rose 40 percent from 2003 to 2007, the most recent year for which FBI statistics are available, from 426 to 595 incidents, marking the fourth consecutive year of increases.

As the report explains, the crimes are being whipped up by a combination of grotesquely irresponsible media figures like Lou Dobbs, Bill O'Reilly and Glenn Beck, and "respectable" nativist organizations such as the Federation for American Immigration Reform and the Center for Immigration Studies.

All of these folks have adamantly denied they have anything to do with these crimes. Dobbs and O'Reilly have been patently disingenuous in running away from their culpability. Meanwhile, FAIR, CIS, and the rest of the John Tanton Network have done likewise.

And as Eric Ward observes, they're doing likewise in trying to flee their connection to Shawna Forde. Their press release responding to reports of the connection mostly continued to attack the Southern Poverty Law Center, one of their most persistent critics.

Well, as we reported, it's not entirely clear how Forde came to be identified as a "spokesperson for FAIR" at a 2006 immigration forum in Yakima. But what's more than abundantly clear is that the Minuteman Project organization which originally empowered Forde and with which she has extensive connections was heavily promoted by FAIR.

Forde has a particularly extensive background of connections to Jim Gilchrist, the founder of the Minuteman Project. She appeared onstage with Gilchrist in 2007 in Everett, Wash., at an "Immigration Summit" organized by local right-wingers.

Michael Hood wrote up a riveting account of this affair for The Stranger:

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