There is only one thing of which I am a rabid fan and that is my home city, my ancestral homestead, New York New York. This is where my heart is (although I did leave a piece in San Francisco). It is the place that I feel safest post 9/11, safest from both terrorists and violent bigots, despite the fact that both have been active there. What can I say? It’s home.

Not only is it home, but New York is what I think of when I think of America. In a freudian slip, the other day I said “when I’m in America next” when what I meant was “when I’m in New York next,” particularly ironic since I am currently based in the midwest. And why not? New York was America’s first campital and 40% of Americans are descended from at least one person who came through Ellis Island. Growing up, if somebody told me to “Go back where I came from” I would reply “After you!” We’re all immigrants here.

This is why these two news stories from this month have been sitting in my craw, and I’ve put off posting them. In the first week of June, Assemblyman Hikind introduced legislation that he had been promising for some time, legislation that would allow:

law enforcement officials to “consider race and ethnicity as one of many factors that could be used in identifying persons who can be initially stopped, questioned, frisked and/or searched.” [Link]

Hikind is very clear about who he wants stopped — brown people:

“The individuals involved look basically like this,” Dov Hikind (D-Brooklyn) said … brandishing a printout of the FBI’s most wanted terrorists – all with Arabic names, most with facial hair, some wearing turbans.

“Why should a policeman have to think twice before examining people of a particular group?” Hikind asked. “They all look a certain way.” [Link]

[Hikind’s website shows no reaction to recent accusation that seven black men may have plotted to blow up the Sears Tower, nor to the fact that half the London bombers were black, nor to various reports from the US government about SouthEastAsian plots.] Continue reading →

As we have blogged about several times before, The Supreme Court has been considering the case of Hamdan vs. Rumsfeld for most of this year. Today the court handed down a 5-3 decision (Chief Justice Roberts had to recuse himself) in favor of Hamdan. It was also a victory for his two lawyers, Indian American attorney Neal Katyal, and Cmdr. Charles Swift. It has been the most awaited decision of the year.

A great victory…at least for now

The Supreme Court today delivered a sweeping rebuke to the Bush administration, ruling that the military tribunals it created to try terror suspects violate both American military law and the Geneva Convention.

In a 5-to-3 ruling, the justices also rejected an effort by Congress to strip the court of jurisdiction over habeas corpus appeals by detainees at the prison camp in Guantánamo Bay, Cuba.

And the court found that the plaintiff in the case, Salim Ahmed Hamdan, a former driver for Osama bin Laden, could not be tried on the conspiracy charge lodged against him because international military law requires that prosecutions focus on specific acts, not broad conspiracy charges. [Link]

The Court split along idealogical lines and Roberts had to recuse himself because The Court had overturned his ruling on this case when he was a still a lower court judge. Thomas hasn’t been this unhappy since the Coke incident:

Justice Thomas took the unusual step of reading his dissent from the bench, the first time he has done so in his 15 years on the court. He said that the ruling would “sorely hamper the president’s ability to confront and defeat a new and deadly enemy…” [Link]

Hamdan’s other attorney, a JAG officer, issued a statement after the ruling:

Cmdr. Charles Swift, the Navy lawyer assigned by the military to represent Mr. Hamdan, said at a televised news conference held outside the Supreme Court that the logical next step would be for Mr. Hamdan to be tried either by a traditional military court martial, as provided for under the Geneva Convention, or by a federal court.

He called today’s ruling “a return to our fundamental values.”

“That return marks a high-water point,” Commander Swift said. “It shows that we can’t be scared out of who [we] are, and that’s a victory, folks…” [Link]

Continue reading →