May 23, 2013
On March 14, 2009, 31 weeks into her pregnancy, Nina Buckhalter gave birth to a stillborn baby girl. She named the child Hayley Jade. Two months later, a grand jury in Lamar County, Mississippi, indicted Buckhalter for manslaughter, claiming that the then-29-year-old woman “did willfully, unlawfully, feloniously, kill Hayley Jade Buckhalter, a human being, by culpable negligence.”
The district attorney argued that methamphetamine detected in Buckhalter’s system caused Hayley Jade’s death. The state Supreme Court, which heard oral arguments on the case on April 2, is expected to rule soon on whether the prosecution can move forward.
If prosecutors prevail in this case, the state would be setting a “dangerous precedent” that “unintentional pregnancy loss can be treated as a form of homicide,” says Farah Diaz-Tello, a staff attorney with National Advocates for Pregnant Women, a nonprofit legal organization that has joined with Robert McDuff, a Mississippi civil rights lawyer, to defend Buckhalter. If Buckhalter’s case goes forward, NAPW fears it could spur a wave of similar prosecutions in Mississippi and other states.
Mississippi’s manslaughter laws were not intended to apply in cases of stillbirths and miscarriages. Four times between 1998 through 2002, Mississippi lawmakers rejected proposals that would have set specific penalties for damaging a fetus by using illegal drugs during pregnancy. But Mississippi prosecutors say that two other state laws allow them to charge Buckhalter. One definesof manslaughter as the “killing of a human being, by the act, procurement, or culpable negligence of another”; another includes ”an unborn child at every stage of gestation from conception until live birth” in the state’s definition of human beings.
The cause of any given miscarriage or stillbirth is difficult to determine, and many experts believe there is no conclusive evidence that exposure to drugs in utero can cause a miscarriage or stillbirth. Because of this, prosecuting Buckhalter opens the door to investigating and prosecuting women for any number of other potential causes of a miscarriage or stillbirth, her lawyers argued in a filing to the state Supreme Court—”smoking, drinking alcohol, using drugs, exercising against doctor’s orders, or failing to follow advice regarding conditions such as obesity or hypertension.” Supreme Court Justice Leslie D. King also raised this question in the oral arguments last month: “Doctors say women should avoid herbal tea, things like unpasteurized cheese, lunch meats. Exactly what are the boundaries?”
May 14, 2013
The president of the Associated Press has sent a letter of protest to US Attorney General Eric Holder over the Department of Justice’s broad surveillance of individual reporters’ phone conversations.
In a letter received by the AP on Friday, the Justice Department acknowledged but offered no explanation for the seizure of two months’ worth of telephone records of reporters and editors. AP’s president, Gary Pruitt, called the ongoing monitoring a “massive and unprecedented intrusion.”
The AP believes that more than 100 journalists are involved in the DOJ’s phone surveillance, which would have involved a wide variety of stories regarding government and other topics. Pruitt has called for the return of obtained phone records, as well as the destruction of all copies.
“There can be no possible justification for such an overbroad collection of the telephone communications of The Associated Press and its reporters. These records potentially reveal communications with confidential sources across all of the newsgathering activities undertaken by the AP during a two-month period, provide a road map to AP’s newsgathering operations, and disclose information about AP’s activities and operations that the government has no conceivable right to know,” said Pruitt.
According to the AP’s own reporting of the alleged phone taps, Justice Department rules require that subpoenas of such records from news organizations must be approved by the attorney general. Notification to the AP was made by a letter sent by Ronald Machen, US attorney in Washington, but did not clarify if such rules had been followed.
It is believed that phone records were obtained as part of a criminal investigation into leaked information about a CIA operation in Yemen that unraveled an Al-Qaeda plot in the spring of 2012 to detonate an explosive on a US-bound jet airliner.
Speculation on a link to that particular story was made by the AP based on the fact that phone numbers were obtained by the DoJ for five reporters and an editor involved in the May 7, 2012 story.
According to the AP, CIA Director John Brennan was questioned by the FBI as to whether he had been the source of the leak. In testimony regarding the story in February, Brennan called the leak an “unauthorized and dangerous disclosure of classified information.”
Records obtained by the Justice Department detailed incoming and outgoing calls, as well as the duration of calls, for work and private numbers of AP reporters and offices in New York, Washington, and Hartford, Connecticut, as well as the main number for reporters in the House of Representatives press gallery.
In its statement regarding the phone taps, the Department of Justice cited an exception to notifying a news organization in advance if it would hamper its own investigation:
“We take seriously our obligations to follow all applicable laws, federal regulations, and Department of Justice policies when issuing subpoenas for phone records of media organizations. Those regulations require us to make every reasonable effort to obtain information through alternative means before even considering a subpoena for the phone records of a member of the media. We must notify the media organization in advance unless doing so would pose a substantial threat to the integrity of the investigation. Because we value the freedom of the press, we are always careful and deliberative in seeking to strike the right balance between the public interest in the free flow of information and the public interest in the fair and effective administration of our criminal laws,” the statement reads.
The rights of the US citizens are increasingly under attack, acknowledged Caleb Maupin from International Action Center.
“All the things that the Democratic Party lambasted George W. Bush for doing – they are now continuing. It is a trend in repression,” he said.
“This is an act of intimidation against the Associated Press. It was a real fear in the House of Power, which includes both the Democrats and the Republicans, that the press might start doing its job and actually speaking truth to power, actually exposing some of the crimes that has been committed,” Maupin said.
“They are going to threaten and intimidate journalists and keep that from happening – that is what’s behind this,” he concluded.
“The Obama administration has aggressively investigated disclosures of classified information and has actually brought six cases of people actually suspected of leaking classified information to trial – and that is more than all previous administrations combined,” RT America correspondent Meghan Lopez said, specifying that Bradley manning is only one of them.
Eric Draitser, an independent geopolitical analyst based in New York City who spoke to RT on Monday says that news of the DoJ’s monitoring of the AP has wider implications:
“This kind of surveillance is used for the purpose of persecution, it is the persecution of whistle blowers primarily. So what you see are that the records sought were records of various journalists, in an attempt not to so much surveil the journalists but to track down who their sources are,” says Draitser.
“And much of this emerges out of this case in Yemen, with regard to CIA Director Brennan, and the idea of this leaked information. The Obama administration, perhaps more so than any other administration before it, has been vehemently persecuting whistleblowers of all kinds,” added Draitser.
“It is not unprecedented for the Justice Department to secretly get the numbers of reporters. What’s remarkable is the sweeping nature of this, the dragnet approach … and that’s why you have some press watchdog groups tonight, and freedom of the press groups saying this is positively Nixonian. They have not seen a precedent for this in decades.” - Watergate reporter Carl Bernstein.
The Obama administration’s war on whistleblowers & information continues.
That’s a lovely way to think of it.
The internet really is something like a social laboratory - and particularly on Tumblr, I think conversations are had that are really important, that drive ideological conversations & debates which in turn affects the ideology of individuals and ideological conversations in general. Particularly I’m optimistic about how many young(ish) people engage in these meaningful conversations on Tumblr. I can think of few things more necessary to collectively prepare for the many crises produced by capitalism.
Here’s to trying to make this blog a binding agent in said social/societal laboratory!