Voters Confront Chris Van Hollen About NSA Mass Surveillance // PLUS: Rep. Dennis Kucinich Slams NSA at DC Film Screening

Privacy Advocates Criticize Chris Van Hollen at Town Hall

Maryland Juice previously reported that more than half of the Free State's Democratic members of the U.S. House voted to continue potentially illegal violations of our Internet and telephone privacy. Democratic Representatives John Delaney, Chris Van Hollen, Dutch Ruppersberger, and Steny Hoyer voted against ending constitutionally questionable surveillance of Americans, while Donna Edwards, John Sarbanes, Elijah Cummings and GOP Rep. Andy Harris voted to end the sketchy practice.

Below we provide a round-up of updates to the snowballing story, including responses from Congressmen John Delaney & Chris Van Hollen.

VOTERS SLAM VAN HOLLEN AND OTHER POLITICIANS OVER NSA SURVEILLANCE - In the wake of startling revelations that the NSA (our top spy agency) has been engaging in mass surveillance of innocent Americans, voters are beginning to confront members of Congress during their August recess Town Hall meetings. Politico reported on the development last week (excerpt below):

POLITICO: Activists with Demand Progress and similar groups raised their surveillance qualms at a town hall held Tuesday by Rep. Jim Langevin (D-R.I.), a member of the House Intelligence Committee. And a small group of protestors appeared to disrupt [Rep. Chris] Van Hollen’s recent August gathering, an event focused on climate change in Silver Spring, Md. The tiny activist cohort carried signs emblazoned, “VAN HOLLEN WRONG ON NSA: Restore the 4th!” The Democratic congressman voted against the so-called Amash amendment because it wasn’t “the most comprehensive and effective” approach, according to a spokeswoman, who added Van Hollen does support “rewriting these laws....”

The foremost congressional supporters of the NSA long have been playing defense on Capitol Hill. At one point, though, agency allies invited the NSA’s leader, Gen. Keith Alexander, to brief lawmakers “in advance of the August district work period,” according to an invite sent to Democrats last month and obtained by POLITICO.

Maryland Rep. Dutch Ruppersberger, the leading Democrat on the House Intelligence Committee, hosted his party’s session. He stressed the meeting wasn’t focused on teaching members how to fend off angry voters. The point, Ruppersberger said, was to “get the facts from the source so that there’s not false information.”

OVERSIGHT FAILURE FROM CONGRESS - Rep. Dutch Ruppersberger, whose district includes the NSA's headquarters in Ft. Meade, has abdicated his responsibility to conduct oversight of the agency's surveillance activities, and has instead served as a cheerleader for illegal spying on Americans. The reason why this is a serious problem, is because the NSA's Director of National Intelligence James Clapper has now admitted he perjured himself when asked by Congress about the unconstitutional surveillance. Salon.com writer David Sirota now reports that a new poll shows a strong majority of Americans want to see Clapper prosecuted for perjury (excerpt below):

SALON.COM: There is no longer any doubt that Director of National Intelligence James Clapper lied to Congress. Likewise, there is no doubt that his lie runs afoul of federal law. And, of course, there is no doubt that in terms of its implications for oversight, constitutional precepts and privacy for millions of Americans, his lies were far more serious than those that have gotten other people prosecuted for perjury. The question now is whether his brazen dishonesty will become a political issue — or whether it will simply disappear into the ether.

As evidenced by President Obama this week attempting to promote Clapper to head an “independent” NSA reform panel, the White House clearly believes it will be the latter. But a set of new polls out today suggests such a calculation may be wrong....

In the Democratic states of California and Hawaii, 54 percent and 58 percent of voters, respectively, want him prosecuted. In middle-of-the-road Iowa, it’s 65 percent. And in Republican Texas and Kentucky, it is 68 percent and 69 percent, respectively. These are particularly striking numbers because the “not sure” numbers are relatively small....

Indeed, outrage over the NSA's surveillance of innocent Americans has become a bipartisan issue, even impacting those who voted correctly to end the questionable snooping. The Huffington Post reported recently that Maryland's Tea Party Congressman Andy Harris was confronted by voters over the issue, even though he voted the right way (excerpt below):

HUFFINGTON POST: A Maryland town hall meeting grew heated Tuesday, when GOP Rep. Andy Harris faced disgruntled constituents angry over partisan politics fraying the country and the perceived lack of Republican action to fix problems.

At a packed gathering in Bel Air, voters voiced their discontent on topics ranging from the Benghazi attack to National Security Agency surveillance to health care reform. Some demanded that Republicans do more to pressure President Barack Obama and Democrats to change the direction of the country....

Harris tried to calm the crowd during the almost-two-hour meeting, emphasizing that he is "very, very worried about what the NSA is doing"....But Harris' constituents had grave concerns.

"When is this government going to come clean with the American people and tell us what this secret law says, how it's being secretly interpreted, how it's being secretly implemented, and what it means [to] every person in this room," one angered resident asked....

DENNIS KUCINICH SLAMS NSA & COMMENTS ON SNOWDEN AT DC FILM SCREENING - Last week, Maryland Juice invited readers to the DC film premiere of "Terms and Conditions May Apply," a new film about privacy and surveillance in the digital era. The screening was attended by numerous national civil liberties advocates, several Montgomery County residents and filmmaker Cullen Hoback. But former presidential candidate and U.S. House member Dennis Kucinich stopped by the premiere and offered his thoughts on the NSA scandal. Kucinich slammed the NSA and called for its dissolution, while stating that there should be ticker-tape parades for NSA whistleblower Edward Snowden. Maryland Juice captured his comments in the video below:



VAN HOLLEN & DELANEY (KIND OF) BACKING AWAY FROM SUPPORT FOR NSA SURVEILLANCE - After the outcry over the failure to end the NSA's mass surveillance program, two Maryland supporters of the spy agency, are quietly trying to "reform" the program. Politico reported that this morning Van Hollen claimed that we should fix the snooping program to make it better (excerpt below):

POLITICO: [Rep. Chris Van Hollen] voted against an amendment by Rep. Justin Amash to pull much of the funding for the NSA program, calling it the wrong approach....  The NSA was back in the news last week after recent with a report in The Washington Post that the agency has broken privacy rules “thousands” of times.... The NSA to needs to get “advanced approval” for its queries, Van Hollen said....

Meanwhile, a few weeks ago Rep. John Delaney issued a press release asking for Congress to "examine" the NSA's mass surveillance activities:

JOHN DELANEY: Congressman John K. Delaney (MD-6) has joined 153 Members of Congress on a letter to President Obama regarding the NSA’s collection of bulk metadata. The letter states that, “Congress must examine the various national security collection programs and consider amendments to the law.”...

“My constituents have made it clear that they are troubled by the scope of our intelligence and counter-terrorism programs. I share their concerns. In the Washington region, we also know that we face an elevated risk of terrorism each day. Congress has a critical oversight role to perform and we should continue to examine the constitutional and national security implications of our policies,” said Congressman Delaney. “There was a heated debate last week on the Amash amendment, but that was not the final chapter. It’s important that we get this right: these programs are at the intersection of our security and protected liberties, the stakes are very high.” 

Indeed, Van Hollen and Delaney both signed a flimsy and meaningless letter to President Obama noting that there are "lingering questions" about NSA activities and that Congress should "examine" what's going on. It should be noted, however, that the letter lacks any credibility, given that it calls for no specific policy changes and was also signed by the same Democratic leaders who were whipping the NSA vote against privacy advocates. Indeed, many long-time rubber-stamps for the NSA and Pentagon signed the letter calling for more "examination" of the NSA's assault on the constitution. What have they been doing the last ten years? Apparently not "examining" what the NSA is doing.  #OversightFAIL

MORE ON THE GROWING NSA SURVEILLANCE SCANDAL SOON!

Congressman Dutch Ruppersberger Still Weighing Run for Governor, Decries Negativity Between Brown & Gansler

Last April, Maryland Juice published an exclusive interview with Congressman Dutch Ruppersberger, who told our readers he was weighing a run for Maryland Governor in 2014. Today, The Washington Post reports that Ruppersberger is still weighing a run, and his comments highlight that he sees an opportunity given the recent negative turn in the race (excerpt below):

WASHINGTON POST: U.S. Rep. C.A. Dutch Ruppersberger (D-Md.) said Friday that he is still considering running for governor of Maryland and decried the “negativity” that has emerged between the two leading candidates.

“Whatever I do, I’m going to make my decision in the fall,” Ruppersberger said in an interview here, where he is attending the annual summer conference of the Maryland Association of Counties.... “This negativity out there that’s started already, I don’t believe in that,” Ruppersberger said.

More on the Maryland governor's race soon!

CAT IS OUTTA THE BAG: Maryland Juice Blogger David Moon is Hosting a Brunch Fundraiser for a State House Campaign

The reports of my death are greatly exaggerated.  Maryland Juice blogger David Moon is simply weighing a run for the Maryland House of Delegates in District 20.  Indeed, I had confirmed my exploration of this possibility to inquisitive journalists in recent months, but I'm now moving one step closer to making a decision. Next Saturday, I am hosting a brunch fundraiser at my home in Takoma Park, and I thought some readers might want to drop by and chat about my future plans. An all-star host committee of progressive activists in Maryland and Montgomery County has signed up to support my efforts, including a number of folks involved in recent organizing efforts around supporting marriage equality, fighting corporate welfare, promoting voting rights and transparency, fighting for civil liberties, standing up for immigrants' rights, advancing smart growth and transit, and much more. State Senator Jamie Raskin's 2006 campaign chair, Marlana Valdez, has also signed on to chair "Friends of David Moon" (details below):

Please Join Us for a Brunch Fundraiser at David Moon's House

Saturday, August 24   |   12:00 to 2:00 pm
30 Ritchie Ave, Takoma Park, MD 20910
RSVP at www.davidmoon.us

HOST COMMITTEE (IN FORMATION): County Councilmember Nancy Navarro, Del. Ana Sol Gutierrez, Marlana Valdez, Tamika Bennett, Dan Furmansky, Casey Anderson, Abigail Burman, Jean Athey, Sue Udry, Thomas Nephew, Martine Zundmanis, Usman Ahmed, Jonah Gold, Josh Gruenspecht, Rob Richie & Cindy Terrell, Tina & Don Slater, Lisa Polyak & Gita Deane.

In the meantime, I also produced a self-made video discussing why I'm thinking of running for the state legislature and telling viewers a little bit more about myself:




P.S. Don't worry, I'm not planning on junking up Maryland Juice with a bunch of news about my campaign. The dissemination of political news and mission of advancing social and economic justice will remain front and center for this blog.


By Authority: Friends of David Moon. Chair: Marlana Valdez. Treasurer: Usman Ahmed.

EVENT: Movie Night w/ Maryland Juice on Friday // PLUS SEE: "Terms & Conditions May Apply" Trailer & Filmmaker Interview

MOVIE NIGHT WITH MARYLAND JUICE: One of Maryland Juice blogger David Moon's ongoing work projects involves national advocacy for progressive issues and Internet freedom through a 1.5 million member group called Demand Progress. In that capacity, I am currently helping promote a startling new film about online privacy and government surveillance, titled "Terms and Conditions May Apply." The movie premieres in DC this Friday at the West End Cinema, and Maryland Juice thought some readers might want to join for the festivities, given the timeliness of the topic for Maryland politicos. The opening night screening (Friday at 7:00 pm) will be followed by a discussion with the filmmaker and privacy experts, along with a wine reception. Not a bad deal for the cost of a movie ticket. Below you can watch the official film trailer, read an exclusive interview with filmmaker Cullen Hoback, and find out more about Terms and Conditions May Apply.

WHAT: Premiere of Terms and Conditions May Apply

WHEN: Friday, August 16th at 7:00 p.m.

WHERE: West End Cinema, 2301 M Street NW, Washington, D.C.

WHAT: Following the screening, Craig Aaron of Free Press will moderate a conversation with Terms and Conditions director Cullen Hoback, Open Technology Institute Senior Research Fellow Seeta Gangadharan and privacy expert Ashkan Soltani. Wine and snacks will be served at a reception.

ADMISSION: Tickets may be purchased here.

ABOUT THE FILM "TERMS AND CONDITIONS MAY APPLY" - The YouTube page for this movie describes it as, "a documentary about what you're really agreeing to when you click 'I accept.'" But the film goes much deeper than what rights you sign away through your online account agreements. Terms and Conditions May Apply takes viewers through a tour of surveillance and privacy infringement from companies like Facebook and from the government itself. The film was selected as a "New York Times Critics' Pick," and their movie review called it a "quietly blistering documentary" that "should rile even the most passive viewer" (excerpt below):

NEW YORK TIMES: Investigating our casual surrender of privacy rights every time we click the “Agree” button on those dense (and typically unread) online user contracts, the director Cullen Hoback outlines the real-life dangers of digital heedlessness. As the film illustrates, a random tweet or innocent Google search could summon a SWAT team to your door or transform you into a suspected terrorist.

Actual horror stories aside, this concise and lively summary of the many ways corporations, law enforcement and government agencies gather, share and use our information — assisted by digital giants like AT&T and Google — is creepily unnerving....

Audience members and critics alike agree with the New York Times, and as the film review site Rotten Tomatoes notes, Terms and Conditions May Apply has a strong 88% approval rating from critics and 83% from audience members. Below you can watch the official film trailer and read an exclusive interview with filmmaker Cullen Hoback:

INTERVIEW WITH TERMS AND CONDITIONS MAY APPLY 
FILMMAKER CULLEN HOBACK

First of all, why'd you decide this subject matter -- this was before the issue became nearly as prominent as it's been over the last several months? 

CULLEN HOBACK: I began the project nearly three years ago, asking the question "How is technology changing us?" It took me over a year of work to realize that the greatest change wasn't the technology itself at all, but what's behind that technology.  All those seemingly benign terms and conditions and privacy policies revealed the real cost of using digital services--the complete erosion of privacy.  It almost felt like I was being sucked into a conspiracy theory.  The pure scope of what the government seemed capable of was beyond science fiction.

Were there any really surprising things that you learned about the ways in which the law around privacy rights operates?

CULLEN HOBACK: The concept of the 3rd party doctrine is still baffling to me.  The notion that it's okay for a government to access information about you if you've given that information to a 3rd party, like a bank, or an email provider is totally mind-blowing.  It's like what we did in Iraq when we wanted to conduct operations that the military couldn't legally do itself.  We hired a private contractor: Blackwater.  That's essentially what major tech-companies have become; a sort of de-facto Blackwater that provides surveillance the government couldn't legally achieve by itself.  The main difference is that these tech companies aren't being paid for this.

Without giving too much away, can you speak to some of the more interesting, personal anecdotes that you cover in the film?

CULLEN HOBACK: I show multiple cases of perfectly innocent people having their lives upended dues to these spy systems.  A comedian is visited within hours after he makes a bad joke on Facebook.  A 7th grade boy is visited by our FBI, after posting a concerned message to Obama on Facebook--a warning to watch out for bombers after Osama Bin Laden was killed.  His mother wasn't notified when the FBI showed up at his school to interrogate him.  These systems are bad at context.  And that's a dicey game when you're in the business of trying to prevent crimes from happening.

What do you see as the relative importance of government surveillance and corporate surveillance?  Or are they one in the same?

CULLEN HOBACK: If a corporation can see everything you do, and use that information to target you with ads or profit from its sale, then the government essentially has access to it as well.  So yes, they're one in the same.  In some instances, we've seen companies like Twitter stand up for the rights of their users.  However, this doesn't mean that the NSA isn't able to collect information against the will of a company through other means.  We need greater encryption built into innovative and new online tools.  The kind of encryption that disables both the company and the government from seeing what you do on any given service.

What would you advise viewers who are inspired to fight for their rights to do?

CULLEN HOBACK: I'd recommend visiting trackoff.us and petitioning Congressmen to see Terms and Conditions May Apply, because I think the first step in fixing these systems is to educate lawmakers.  From there we need greater control over our information, and we need to put pressure on companies like Facebook to stop tracking us, changing the rules overnight, and lying to us about what they do with our data.  A mixture of regulation, innovation, and pressure are vital to seeing change.  This and more will happen at trackoff.us.  Also, begin using tools like Ghostery, Wickr, duckduckgo, and Firefox and consider emerging social media services with privacy at the forefront like Sgrouples. 

The question everybody asks: Why should you worry about privacy rights if you're "not doing anything wrong"?

CULLEN HOBACK: If you feel that way, I'd recommend taking the blinds and curtains off of all of your windows.  And take your clothing off as well.  It's not about doing anything wrong, it's about it being no one else's business.  Beyond that, the use of these spy systems against free speech and a free press should be enough to make anyone shake in their totalitarian-fearing boots.

What do you hope will come of the Snowden situation?

CULLEN HOBACK: That I'll get to eat brunch with a free man, a man who's considered a hero, and that it will happen on US soil.  I'd also like to see Clapper investigated for lying under oath to the US Senate.

We hope you might join Maryland Juice for a movie night this Friday at 7:00 pm, but if you can't make it to the opening night screening and festivities, you can still catch the film during its run at the West End Cinema.

POLITICS OF RACE: Gansler Belittles Brown Campaign As Only About Skin Color // PLUS: A Challenger to Del. Brian Feldman

The issue of race is percolating among voters in deep-Blue Maryland, as the coming election cycle is revealing long-simmering tensions over diversity in the state's Democratic Party. Below Maryland Juice notes a few emerging storylines of interest to politicos, starting with a wild case of foot-in-mouth disease from Attorney General Doug Gansler:

JUICE #1: DOUG GANSLER CAUGHT DISPARAGING ANTHONY BROWN'S CAMPAIGN, SAYING THE LT. GOVERNOR IS RELYING ON HIS RACE TO WIN - Within the span of a couple minutes, several Maryland Juice readers forwarded us a wild new article from The Washington Post's John Wagner highlighting candid thoughts from Attorney General Doug Gansler about Lt. Governor Anthony Brown. In the commentary below, Gansler belittles the campaign of Brown, claiming Maryland's black Lieutenant Governor is relying on his race to win the Governor's mansion (excerpt below):

WASHINGTON POST: Maryland Attorney General Douglas F. Gansler told a group of campaign volunteers last month that Lt. Gov. Anthony G. Brown, his chief Democratic rival for governor, has a thin record of accomplishment and is trying to rely on his race to get elected next year. "I mean, right now his campaign slogan is, 'Vote for me, I want to be the first African American governor of Maryland,'" Gansler (D) told the group....

An audio recording of the July 15 meeting -- in which Gansler also spoke candidly about his campaign strategy -- was provided to The Washington Post by someone not employed by either campaign.... The recording is yet another example of a political figure having to explain remarks that he did not expect to be made public. In the 2012 presidential race, GOP nominee Mitt Romney had to defend his "47 percent" comments, which critics said disparaged nearly half the electorate....

Although Brown did not comment directly on Gansler's remarks, his running mate, Ken Ulman, said they crossed the line.... "Frankly, the voters deserve a little more respect from Doug...."

One source (who is not affiliated with any gubernatorial campaign) provided harsh reaction to Gansler's remarks about race, noting "This sounds like  a serious dick move by Gansler. This is very bad for Gansler. Basically accusing Anthony Brown of being black." But Maryland Juice writer Dan Furmansky had perhaps more measured thoughts about the Gansler campaign:

DAN FURMANSKY: Well, folks. I dare say the fan has been hit. The Post reports that "the salvos mark the first real tumult in a contest that had been relatively quiet and could show how race is likely to play an important role."

Indeed, there are cringe-worthy statements here.

What's remarkable to me in addition to the content of the remarks is that they may be an omen for Mr. Gansler's campaign if he doesn't adopt a more disciplined approach to what comes out of his mouth from here through next June. Indeed, more than one political insider wagered to me months ago that Mr. Gansler would end up self-destructing simply through his lack of a filter. A spokesperson for Anthony Brown's campaign called Gansler’s remarks “out of touch with Maryland values.” Indeed, they are certainly out of touch with a number of Democratic primary voters' values. Most voters--African American, Latina, gay, Asian, Muslim, disabled--want a governor whose tone projects inclusivity ... a feeling that they consider your community to be their community too.

Is this incident a nail in Mr. Gansler's coffin? Doubtful. He may be right in his assessment not to announce his candidacy until September that too few voters are paying attention at this point anyway. There is much time to for him to define himself between now and June, especially with a war chest that will enable robust air time. But this is, hopefully, a wake-up call--not to his campaign, but to Mr. Gansler himself. At this point in the game, every word, every where, and to every one, matters.

JUICE #2: DEL. BRIAN FELDMAN HAS A CHALLENGER FOR SENATE // MOCO MINORITIES SUGGEST CARETAKER APPOINTMENT FOR GARAGIOLA VACANCY - In another race-tinged storyline, The Washington Post's Bill Turque reported this weekend that Delegate Brian Feldman will face a challenger in his quest to be appointed to State Senator Rob Garagiola's District 15 vacancy. The Montgomery County Democratic Central Committee will soon name a temporary replacement for Garagiola, and minorities in Montgomery County have been clamoring to see the first-ever non-white State Senator represent the rapidly diversifying region. But the same group of minority activists had not been able to point to a potential candidate for the D15 vacancy -- until just a few days ago. The Washington Post is now reporting that Bilal Ayyub, a University of Maryland professor, is stepping forward for the appointment to serve as a caretaker and not run for office in 2014 (excerpt below):

WASHINGTON POST: For all of its much-celebrated progressive tradition, Montgomery County has never sent a candidate of color to the state Senate.... Instead, the process of filling western Montgomery’s District 15 seat has exposed long-simmering tensions in a county transformed by rapid demographic change.... The county’s Democratic Central Committee has scheduled a Sept. 10 vote on a recommendation to Gov. Martin O’Malley (D), who will make the appointment....

What especially vexed minorities was an announcement by the District 15 Democratic Caucus — the core group of active Democrats in that area — that it had endorsed [Del. Brian] Feldman. In fact, only the caucus’s executive committee had agreed to support Feldman.... [Latino, Asian, African American and Arab American community representatives] plan to press the central committee to bypass Feldman and name a “caretaker” who would not run for Garagiola’s seat next year....

[CASA in Action's] Gustavo Torres said the group had asked Bilal Ayyub, a University of Maryland engineering professor and a member of the Governor’s Commission on Middle Eastern Affairs, to submit his name to the central committee for consideration as the caretaker. Ayyub, 55, a District 15 resident born on the then-Jordanian West Bank, declined to comment Friday....

JUICE #3: BLACK MOCO RESIDENTS OVER 3X MORE LIKELY THAN WHITES TO BE BUSTED FOR MARIJUANA POSSESSION // DISPARITY EVEN WORSE IN BALTIMORE - Speaking of race, The ACLU recently released a damning new report showing that black residents in Maryland are 3 times more likely than white residents to be arrested for marijuana possession, despite equal rates of use between the races. But the local breakdowns for the statistics are fascinating, as the ACLU notes that black residents of liberal Montgomery County are 3.2 times more likely than white residents to be busted by cops for pot. That racial disparity is most pronounced in the city of Baltimore, where black residents are 5.6 times more likely than whites to be arrested for marijuana possession.

All of these expressions of feelings about pot by our government are very expensive -- both in terms of raw tax dollars and in terms of police resource allocation -- and they are about as effective as abstinence-only education is at halting teen pregnancy. The ACLU report notes, for example, that Maryland spent over $106 million enforcing marijuana possession laws in 2010, and that these pot busts represented 50% of our police officers' drug enforcement activities. That sure seems like a good use of our finite public safety resources (*eye-roll*). As many of us have been pointing out for awhile, it is impossible to separate America's mass incarceration regime from the failed so-called "War on Drugs," which has ravaged communities of color, cost billions of tax dollars, and has been an utter failure at reducing drug use.

But many Maryland politicians continue to pay lip-service to these pressing social and economic justice issues, while ignoring the inertia of policies that lead to mass incarceration and racial disparities in law enforcement. In fact, five years ago The New York Times warned of the consequences of our government's draconian worldview (excerpt below):

NEW YORK TIMES: The United States has less than 5 percent of the world's population. But it has almost a quarter of the world's prisoners.

Indeed, the United States leads the world in producing prisoners, a reflection of a relatively recent and now entirely distinctive American approach to crime and punishment. Americans are locked up for crimes — from writing bad checks to using drugs — that would rarely produce prison sentences in other countries. And in particular they are kept incarcerated far longer than prisoners in other nations.

Criminologists and legal scholars in other industrialized nations say they are mystified and appalled by the number and length of American prison sentences. The United States has, for instance, 2.3 million criminals behind bars, more than any other nation.... China, which is four times more populous than the United States, is a distant second, with 1.6 million people in prison....

ERIC HOLDER & DR. SANJAY GUPTA CHANGE MINDS ON WEED: You would think that in well-educated, liberal, diverse Montgomery County policy considerations such as these would prevail over emotional and irrational fears. But you would be wrong. And at the state level, reform efforts stall year after year without any clear political constituency favoring incarceration for simple pot possession. CNN's Dr. Sanjay Gupta recently published a lengthy piece explaining why he has now changed his mind on marijuana after apparently deciding to, you know, look at evidence:

DR. SANJAY GUPTA (VIA CNN): Long before I began this project, I had steadily reviewed the scientific literature on medical marijuana from the United States and thought it was fairly unimpressive. Reading these papers five years ago, it was hard to make a case for medicinal marijuana. I even wrote about this in a TIME magazine article, back in 2009, titled "Why I would Vote No on Pot." Well, I am here to apologize.

I apologize because I didn't look hard enough, until now. I didn't look far enough.... I mistakenly believed the Drug Enforcement Agency listed marijuana as a schedule 1 substance because of sound scientific proof. Surely, they must have quality reasoning as to why marijuana is in the category of the most dangerous drugs that have "no accepted medicinal use and a high potential for abuse."

They didn't have the science to support that claim, and I now know that when it comes to marijuana neither of those things are true. It doesn't have a high potential for abuse, and there are very legitimate medical applications. In fact, sometimes marijuana is the only thing that works.... We have been terribly and systematically misled for nearly 70 years in the United States, and I apologize for my own role in that.

On August 14, 1970, the Assistant Secretary of Health, Dr. Roger O. Egeberg wrote a letter recommending the plant, marijuana, be classified as a schedule 1 substance, and it has remained that way for nearly 45 years.... Not because of sound science, but because of its absence, marijuana was classified as a schedule 1 substance. Again, the year was 1970.

Even U.S. Attorney General Eric Holder (who is not trailblazer on ending the failed "War on Drugs") is beginning to see the writing on the wall. Yesterday he announced a new effort to tackle the issue of mass incarceration, and the American public didn't even blink. As Maryland Juice has pointed out for many months now, the polling data on Americans and marijuana appears to have crossed a major threshold in public opinion, Reason.com noted yesterday that the powers that be are beginning to finally acknowledge the shift (excerpt below):

REASON.COM: As Attorney General Eric Holder calls for major changes to federal drug sentencing reform today, in effect sidestepping mandatory minimum sentences for some drug offenses to reduce the number of non-violent offenders sentenced to incarceration, the Obama administration is likely to find support from the American public. The most recent Reason-Rupe poll of 1,003 Americans on cell phones and landlines found that just 6 percent of Americans say people found with marijuana should go to jail. In contrast, 35 percent say people smoking or in possession of marijuana should not be punished at all; 32 percent say they should be fined; and 20 percent favor rehabilitation and counseling.

Check out a summary of the ACLU's research on Maryland below:

ACLU Stats on Racial Disparities in Maryland's Marijuana Arrest Rates

JuiceBlender: Gubernatorial Candidates Brown, Gansler & Mizeur Step Out on Issues // Plus: Will House Boot Dwyer?

Below Maryland Juice writer Dan Furmansky presents a round-up of recent news of interest to politicos:

It looks like the pace of the gubernatorial campaign is about to pick up speed. Our declared and soon-to-be-declared Democratic gubernatorial candidates -- Anthony Brown, Heather Mizeur, and Doug Gansler -- are stepping up their games and focusing on some key issues. For those of us who prefer ideas to platitudes, it will be interesting to see what issues the candidates highlight.

JUICE #1: HEATHER MIZEUR RE-OPENS CONVERSATION ABOUT FREDERICK MAN W/ DOWNS SYNDROME KILLED BY COPS - First up, Heather Mizeur is shining the light on ensuring justice and appropriate treatment for people with developmental disabilities by law enforcement. Del. Mizeur this week called on the Governor to launch a state inquiry into the case of a Frederick County man with Down syndrome who died while being arrested by police moonlighting as security guards. The man was dragged away when he stayed to watch “Zero Dark Thirty” a second time. The autopsy ruled the death a homicide by asphyxia, and advocacy groups like the ARC of Maryland claimed that with better training, the officers would have realized there was another way to work with an individual who was at greater risk of unintentional harm. Del. Mizeur suggests O’Malley have his health department investigate local and statewide policies on treatment of individuals with disabilities and establish a task force to implement statewide standards.

Full Story: Washington Post: Mizeur calls for state action after death of Frederick County man with Down syndrome

JUICE #2: DOUG GANSLER TACKLES HOW TO TRANSITION EX-OFFENDERS TO LIFE OUTSIDE PRISON WALLS - In the Doug Gansler camp, the Attorney General is taking on the high rate at which ex-offenders return to prison in Maryland, a crucial issue since ex-offenders return to prison more than 40 percent of the time in this state.  The Attorney General took a dig at Lt. Gov. Brown by saying there has been “no strategic, well-coordinated plan” to reduce recidivism in the current administration.

It’s important to note that the rate of recidivism has dropped almost eight points since 2007, according to the Governor’s Office of Crime & Control, who credit the drop “to the many partnerships and evidenced-based programming undertaken by the Maryland Department of Public Safety and Correctional Services since 2007.”

Regardless of the finger pointing, Maryland, the 19th most populated state, has ranked 8th most violent state in the country, according to the Census Bureau’s Statistical Abstract of the United States. Baltimore has managed to decrease its violent crime rate slightly the past few years, but still has the sixth-highest homicide rate of any U.S. city with a population above 100,000. Clearly there is far more work to be done.

The Attorney General’s suggestions include making technology such as Android tablets available to prisoners to aid their education while behind bars; designating a deputy secretary in the state’s corrections department to oversee the “re-entry” of ex-offenders into society; shielding criminal convictions from potential employers in cases where ex-offenders have stayed “clean” for five years after release; and investing more heavily in subsidized transitional housing for those recently released from prison.

Full Story: Washington Post: Gansler proposes steps to ease transitions for former prisoners

JUICE #3: ANTHONY BROWN HIGHLIGHTS FUNDING FOR THE MOCO & PRINCE GEORGE'S PURPLE LINE - Meanwhile, Lt. Gov. Anthony Brown is hoping to ride the Purple Line to electoral success in Montgomery County. Earlier this week, the Lt. Governor joined Gov. O’Malley at the Bethesda metro to announce a state commitment of $1 billion to eight county road, rail and bus priorities, with $680 million going to the Purple Line. The rest is expected to come from the federal government, local governments, and private partnerships. The new funding was made possible by the new gas tax passed in this year’s General Assembly, which notably was opposed by the Attorney General. The announcement was met with predicted opposition from those living near Capital Crescent Trail, with some arguing it’s a bad idea to have a private company build and run the light rail system.

Full Story: Gazette: Most of new $1B transportation package for Montgomery is for Purple Line

JUICE #4: DRUNK-BOATING TEA PARTIER DON DWYER MAY BE BOOTED FROM MARYLAND HOUSE OF DELEGATES? - Meanwhile, could Del. Don Dwyer get booted from the House? Earlier this week he entered a guilty plea in Anne Arundel County Circuit Court to a drunken boating charge stemming from a collision last year that injured seven people, including a five-year-old girl who suffered a fractured skull. At the time of the accident, his blood alcohol level was three times the legal limit. The Washington Post reported on the possible consequences for Delegate Dwyer (excerpt below):

WASHINGTON POST: Because all of the charges filed against Dwyer were misdemeanors and none were directly related to his job as a state legislator, he has not been under threat of automatic expulsion from the General Assembly.

But House Speaker Michael E. Busch (D-Anne Arundel) has said that he expects that a legislative ethics committee will examine the episode. That panel could recommend disciplinary actions ranging up to expulsion to the full House of Delegates.

This could be interesting, since Del. Dwyer is notoriously unpopular among his House colleagues.

- Dan Furmansky

Federal Appeals Court Rules Frederick Sheriff Illegally Detained Latina Immigrant // Decision Restrains Deportation by Police

Tea Party Sheriff Chuck Jenkins at "Take Back America" Rally

Maryland Juice just received the following press release from CASA de Maryland, LatinoJustice and the law firm Nixon Peabody announcing that a federal appeals court has ruled that Frederick County, Maryland's Tea Party Sheriff Chuck Jenkins illegally detained a Latino immigrant.

The groundbreaking ruling has major implications for Sheriff Jenkins' racial profiling and mass deportation program and sets groundrules for law enforcement activities in Maryland, Virginia, North Carolina and South Carolina.

The press release below summarizes the ruling in the case and contains commentary from CASA de Maryland Executive Director Gustavo Torres:


PRESS RELEASE

Court Finds Frederick County, MD Sheriff
Chuck Jenkins Illegally Detained Latina Immigrant
In a groundbreaking decision, a federal appeals court found that that a state or local law enforcement officer’s suspicion or knowledge that an individual has committed a civil immigration violation without more information does not provide them with probable cause to suspect that the individual is engaged in criminal activity. The court said the officer may not detain or arrest the individual solely based upon a purported civil violation of federal immigration law.

Moreover, the subsequent issuance of an ICE detainer, after the illegal arrest and detention, “does not cleanse the unlawful seizure.” The decision came from the U.S. Circuit Court of Appeals for the Fourth Circuit in Virginia, setting law for Maryland, Virginia, North Carolina, and South Carolina.

The decision unequivocally holds that local law and state law enforcement cannot enforce civil immigration law and found that the deputies had no legal authority to arrest or even briefly detain the plaintiff on the basis of a suspected or known civil immigration status violation.

LatinoJustice PRLDEF, CASA de Maryland and the law firm Nixon Peabody LLP in November 2009 filed a lawsuit against the Frederick County (Maryland) Board of Commissioners, Frederick County Sheriff Charles Jenkins and two deputy sheriffs for violating the civil rights of Roxana Orellana Santos who had illegally been arrested and detained by two Frederick County Deputy Sheriffs on October 7, 2008.

The complaint alleged that Santos was eating her lunch in a public area outside her workplace when two uniformed and armed deputy sheriffs approached and began questioning her. They requested that she produce identification. Upon prolonged questioning and ascertaining that she had an outstanding civil immigration removal warrant, the deputies arrested Santos and placed her in a local jail before she was transferred to the U.S. Immigration & Customs Enforcement (“ICE”). She was detained in a detention facility without any criminal charges for 46 days, away from her then two year old son and family before she was released.

In a 2012 decision, the U.S. District Court of Maryland dismissed Santos’ lawsuit finding that the deputy sheriffs’ initial questioning and subsequent arrest on the civil immigration warrant did not violate the Fourth Amendment, a determination that was overturned with today’s ruling.

“We are extremely pleased by this ruling explicitly holding that local law enforcement cannot detain or arrest Latinos whom they may suspect of questionable immigration status,” said Jose Perez, Deputy General Counsel of LatinoJustice PRLDEF. “It is apparent that the Frederick County deputies pre-textually stopped, questioned and detained Ms. Orellana Santos solely based upon her physical appearance at a time when the Fredrick County Sheriff was publicly trumpeting how many immigrants his office had arrested. This is the essence of racial profiling.”

Increased attempts by local or state law enforcement to engage in federal immigration law enforcement have been accompanied by a troubling rise in racial profiling across the country as local police who are often untrained and poorly supervised seek to discriminatorily enforce federal immigration law against those they may suspect of being without status which is often impossible to discern.

“Sheriff Jenkins declared war on Frederick County’s immigrant community and today’s decision validates the complaints of local residents who have been terrorized for simply driving to the store, taking their children to school, or, like Roxana, eating lunch,” said Gustavo Torres, Executive Director of CASA de Maryland. “We hope that policing agencies across Maryland take this decision, and the liability that may flow from similar acts, very seriously.”

John Hayes, lead counsel on the case and a Litigation Partner at Nixon Peabody stated: “At stake in this case is a matter of acute public importance. Law enforcement practices that target a group based solely their appearance have no place in America. It takes great courage and commitment for Ms. Orellana Santos to come forward in the name of equal justice under law to stop this discriminatory treatment for everyone who lives or works in the County.”

The decision upheld dismissal of the claims against Sheriff Jenkins and the two deputies in their individual capacity determining that it was not clearly established law that local and state law enforcement officers could not detain or arrest an individual based on a civil immigration warrant at the time of the underlying October 2007 encounter. The U.S. Supreme Court in its June 2012 decision finding much of Arizona’s notorious anti-immigrant law SB1070 preempted by the U.S. Constitution noted that “detaining individuals solely to verify their immigration status would raise constitutional concerns.”

The decision reverses the District Court’s dismissal against the municipal defendants and remanded plaintiff’s official capacity claims against the County back to the District Court to determine whether the deputies’ unconstitutional actions are attributable to an official policy or custom of the county or the actions of a final county policy maker.

Frederick County Sheriff Charles Jenkins upon being elected in Fall 2007 on a pro-immigrant enforcement platform entered into a 287(g) memorandum of understanding with the U.S. Department of Homeland Security permitting trained local deputies who undergo requisite training to engage in certain limited immigration enforcement. Neither of the two deputies who arrested Ms. Orellana Santos had received 287-g training and were thus not permitted to engage in any immigration enforcement. The lawsuit was filed on the heels of the Sheriffs’ announcement publicizing that he had detained his 500th immigrant.

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