Tuesday, November 25, 2014

13 Facts About Ferguson the Media Will Never Tell You


According to protesters who erupted in violence after a grand jury declined to indict Officer Darren Wilson in the shooting death of Michael Brown in Ferguson, Mo., this was the case of a white policeman shooting an unarmed black teenager with his hands in the air in a community plagued by racial tension
That's an account promoted by many in the mainstream media as well. But here are several facts about the case that are harder to find:

1. Surveillance video showed that shortly before the confrontation, 18-year-old Brown stole cigarillos from a convenience store and shoved a clerk who tried to stop him.

2. The autopsy report showed that Brown had marijuana in his system when he died.

3. Officer Wilson, driving to the call of a medical emergency, first encountered Brown walking in the middle of a street and told Brown and his friend to walk on the sidewalk. Brown responded with an expletive.

4. Wilson chose to confront Brown only after he saw the cigarillos in his hand and recalled the radio report of a robbery at the convenience store.

5. Wilson said when he tried to open his car door, Brown slammed it back shut, then punched Wilson in the face.

6. Fearing another punch could knock him out, Wilson drew his gun, he told the grand jury, and Brown grabbed the gun, saying "you are too much of a pussy to shoot me."

7. An African-American witness confirmed that Brown and Wilson appeared to be "arm-wrestling" by the car.

8. Another witness saw Brown leaning through the car's window and said "some sort of confrontation was taking place."

9. After Wilson fired a shot that struck Brown's hand, Brown fled and Wilson gave chase. Brown suddenly stopped. An unidentified witness told the grand jury that 6-foot-4, 292-pound Brown charged at Wilson with his head down. Wilson said Brown put his hand under the waistband of his pants as he continued toward Wilson. That's when Wilson fired.

10. A witness testified that Brown never raised his hands.

11. Gunpowder found on the wound on Brown's hand indicated his hand was close to the gun when it fired. According to a report, the hand wound showed foreign matter "consistent with products that are discharged from the barrel of a firearm."

12. Judy Melinek, a forensic pathologist who reviewed the autopsy for the St. Louis Post-Dispatch, said the gunpowder "supports the fact that this guy is reaching for the gun, if he has particulate matter in the wound."

13. Wilson said Brown was physically uncontrollable and "for lack of a better word, crazy." He said that during the confrontation, he was thinking: "He's gonna kill me. How do I survive?" Legal experts say police officers typically have wide latitude to use deadly force when they feel their safety is threatened.


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Dreamers pushed the boundaries on immigration reform – and now seem to control the narrative


They were criticized for being too provocative and too critical in demanding immigration reform.
When some of them arranged for youths who had been deported to try to come back across the Mexican border, setting up a showdown with the Obama administration over whether they would be allowed to return to the U.S., even the most enthusiastic immigration activists balked at their strategy.
And when these group of young activists, undocumented youths who had grown up in the United States and are known as Dreamers, locked horns with even some Democrats who were leading the push for immigration reform – particularly President Barack Obama himself – immigration activists grew frustrated, claiming it was wrong to direct criticism at the president, someone who sympathized with their cause.
The so-called Dreamers, however, did not back down – in fact, they pushed back harder when immigration reform failed to materialize.
And so when Obama delivered his prime-time speech last Thursday, announcing that he was issuing an executive order that would suspend deportation for up to 5 million undocumented immigrants, the Dreamers felt vindicated.
It was their single biggest victory so far – the largest change in immigration in many years. And with that, they recaptured the driver’s seat in the fight for comprehensive immigration reform.
“We got a lot of backlash for going after Obama,” said Erika Andiola, one of the most prominent Dreamers pushing for immigration reform, to Fox News Latino. “But he is the president of the United States, he said he supported immigrants, but Dreamers were saying he was getting them and their families deported.”
“At the end of the day, it was that pressure that created a moral crisis” and played a part in pushing the president to issue the executive order.
“[President Obama]’s leaving in two years, and he’d done nothing [about immigration]. This is historic, and it’s the result of our lobbying, going to Congress, holding vigils, civil disobedience. We took risks to make sure our stories were heard, we tried to put them in our shoes.
- Lucy Allain, immigrant activist
Since 2009, the Dreamers have taken a fledgling campaign that was focused on getting a law that would provide young undocumented immigrants with a chance to live and work in the United States, and turned it into the engine of immigration advocacy that has broadened to include legalization for many groups of people who are here illegally.
Obama’s executive action in large part echoes what the Dreamers – often to the chagrin of older, long-established immigration activists and advocacy groups who had preferred a more cautious, diplomatic approach – have been demanding to one degree or another for years.
Obama said he was expanding a 2012 initiative, which originally gave a two-year reprieve from deportation to immigrants who had come to the United States illegally before they were 16, who were no older than 31, had no criminal record, and met other criteria. The new executive order lifts the age cap of 31, and extends the deportation relief, as well as the accompanying eligibility to get a work permit, to many other undocumented immigrants, including parents of U.S. citizens or legal permanent residents.
“When I heard the announcement, I was watching TV, and many people were saying ‘Thank God Obama finally did this, he finally realized it needed to be done,’” said Lucy Allain, a leader in the Dreamer movement who gained national attention when she confronted then-presidential candidate Mitt Romney at a campaign event in New York City about his hard-line stance on immigration.
“It wasn’t that he finally realized it on his own. The [Dreamer] community doesn’t get appreciated. The whole executive action would not have been possible if there had not been a big push [by activists] for him to do it,” she said. “…This is historic, and it’s the result of our lobbying, going to Congress, holding vigils, civil disobedience. We took risks to make sure our stories were heard, we tried to put them in our shoes.”
The Dreamers are named after a congressional measure – the Dream Act – that calls for providing undocumented immigrants who were brought to the United States as children a path to legal status. It has been introduced several times, but has failed to pass.
To be sure, many advocates of all ages have worked diligently to push for an overhaul of immigration laws that would give opportunities to many of the estimated 11 million undocumented immigrants in the United States to legalize their status.
“Let's be clear,” wrote immigration attorney Marty Rosenbluth wrote on a Facebook page for human rights activists, “We shouldn't just be thanking Obama. We should be thanking the tens of thousands of immigrants and others who picketed, protested, laid down in the streets, wrote letters, and drove time and time again to D.C. and to other cities to get their voices heard.”
“Yup, he finally did it,” Rosenbluth said. “But this is a victory for mass organizing, not for politics as usual.”
In an interview with Fox News Latino, Rosenbluth said Obama responded to pressure. He said the executive order – which Obama had threatened to issue multiple times over the last several years, citing a lack of will by Republicans in the House to move forward an immigration reform bill – capped a sweeping and persistent grassroots effort by undocumented immigrants, their U.S. citizen and legal permanent resident relatives, and other supporters.
Obama, after all, he said, presided over the largest number of deportations – more than 2 million people since he’s been in office – of any administration.
“We have to see this as not that Obama kept his promise” to reform immigration, Rosenbluth said, “but that the immigrant community kept him to his promise. They made him keep his promise.”
But the Dreamers, arguably, maintained an energy and remained vocal and visible, even when many other activists seemed to grow weary. Often, when hope for immigration reform or executive action dimmed, and activists grew exasperated and stopped to evaluate their strategies, the Dreamers got bolder, and pushed boundaries.
In one case that drew criticism from some of the older immigrant advocates, one group of dreamers even coordinated with deported immigrants in Mexico to try to cross back into the United States; they did, approaching Border Patrol agents, who arrested and detained them. Some got released and are awaiting hearings on their political asylum claims, others were deported.
Andiola, a 27-year-old from Arizona who got a two-year reprieve from Obama’s 2012 initiative, has frequently pushed the boundaries to bring attention to the plight of undocumented immigrants.
This summer, she and Cesar Vargas, another undocumented immigrant and activist, went up to Republican lawmakers Sen. Rand Paul of Kentucky and Rep. Steve King of Iowa at a fundraiser in Iowa and introduced themselves as beneficiaries of the 2012 program, known as Deferred Action for Childhood Arrivals, or DACA.
King, who has one of the most hardline views on immigration in Congress, has been a vocal opponent of DACA and any other kind of break given to undocumented immigrants.
Andiola reminded King of a notorious comment he had made about how Dreamers smuggle drugs.
King suggested that perhaps Andiola had not understood his comment.
“I spoke of drug smugglers,” he said in the encounter, which was videotaped. “Now, you’re not going to tell me you’re one of them are you?”
Andiola didn’t miss a beat and responded: “Do I look like a drug smuggler to you?”
“For many years, others spoke for us,” Andiola said. “The big non-profits spoke for us. We decided to come out of the shadows, to speak for ourselves, to tell our story directly, to come out of the shadows.”
The Dreamers made it part of their modus operandi to publicize and humanize the story of people facing deportation. They put faces in front of cameras, they gave their full names, they wore shirts that said “Undocumented and Unafraid.”
“We were called all kinds of things,” she recalled. “But the more we spoke out, the more we controlled the narrative, and the more we saw people were connecting with us. We also started seeing we could stop deportations, publicizing someone’s story actually protected them rather than hurt them.”
Adds Allain, “We took risks to get our point across. Our story is powerful, people can relate to it.”
The Dreamers say they are glad the president finally fulfilled a part of his promise to take action on immigration unilaterally because Congress has failed to bring a reform bill for a vote.
But they say they want deportations suspended for more people, they say too many people are still being left in the shadows, too many families are being separated after an undocumented relative is put in deportation after a traffic stop, or a raid by immigration officials.
“We need to move forward, we need to keep fighting, for the people who have been left out of this executive action,” said Andiola, whose home immigration agents raided. “We celebrate wins like DACA and the executive order, but we also know that our Mom or Dad didn’t qualify.”

Veterans Affairs Department fires Phoenix hospital director


The head of the troubled Phoenix veterans' hospital was fired Monday as the Veterans Affairs Department continued its crackdown on wrongdoing in the wake of a nationwide scandal over long wait times for veterans seeking medical care and falsified records covering up the delays.
Sharon Helman, director of the Phoenix VA Health Care System, was ousted nearly seven months after she and two high-ranking officials were placed on administrative leave amid an investigation into allegations that 40 veterans died while awaiting treatment at the hospital. Helman had led the giant Phoenix facility, which treats more than 80,000 veterans a year, since February 2012.
The Phoenix hospital was at the center of the wait-time scandal, which led to the ouster of former VA Secretary Eric Shinseki and a new, $16 billion law overhauling the labyrinthine veterans' health care system.
VA Secretary Robert McDonald said Helman's dismissal underscores the agency's commitment to hold leaders accountable and ensure that veterans have access to high-quality, timely care.
An investigation by the VA's office of inspector general found that workers at the Phoenix VA hospital falsified waiting lists while their supervisors looked the other way or even directed it, resulting in chronic delays for veterans seeking care. At least 40 patients died while awaiting appointments in Phoenix, the report said, but officials could not "conclusively assert" that delays in care caused the deaths.
About 1,700 veterans in need of care were "at risk of being lost or forgotten" after being kept off the official waiting list at the troubled Phoenix hospital, the IG's office said.
"Lack of oversight and misconduct by VA leaders runs counter to our mission of serving veterans, and VA will not tolerate it," McDonald said in a statement late Monday. "We depend on VA employees and leaders to put the needs of veterans first."
Helman is the fifth senior executive fired or forced to resign in recent weeks in response to the wait-time scandal.
Helman did not immediately respond to telephone messages Monday from The Associated Press.
Helman, who has worked at the VA since 1990, has been on paid leave since May 1, shortly after a former clinic director at the Phoenix site alleged that up to 40 patients may have died because of delays in care and that the hospital kept a secret list of patients waiting for appointments to hide the treatment delays.
Dr. Samuel Foote, who had worked for the Phoenix VA for more than 20 years before retiring last December, brought the allegations to light and says supervisors ignored his complaints for months.
In an interview with the AP in May, hours before being placed on administrative leave, Helman denied any knowledge of a secret list and said she had found no evidence of patient deaths due to delayed care.
Helman told the AP that she takes her job seriously and was personally offended by the claims of misconduct.
"I have given over 20 years of service to this mission. I am proud to lead this hospital," Helman said. "I have never wavered from the ethical standards that I have held my entire career, and I will continue to give these veterans what they deserve, which is the best health care."

Labor union work by federal employees on ‘official time’ costs taxpayers millions


Unionized federal employees spent 2.48 million hours working for their labor unions while getting paid by taxpayers during 2013, and more than 360 workers who are on the federal payroll spent 100 percent of their time working for their union.
Under federal rules, employees who are members of a labor union are entitled to so-called “official time,” where they are dismissed from their duties as a government employee to engage in labor union organizing activities. A new report from the Government Accountability Office shows the use of official time has increased over the past several years as the size of the federal workforce has grown.
And it’s costing taxpayers plenty. According to the Office of Personnel Management, which tracks federal employees’ time, federal employees were paid more than $157 million during 2012 while doing work for labor unions.
The GAO says the price tag may be even higher, since some federal agencies are not adequately tracking their employees’ official time.
“Since agencies are most often managing the use of official time using an approach that has no specified number of hours, they could be at greater risk for abuse,” auditors warned in the report, released last week.

Grand jury in Ferguson case does not indict officer in Michael Brown shooting



There were 29 arrests made after protesters fired more than 100 gunshots, burned dozens buildings, looted stores and vandalized police cars in Ferguson, Mo. after a grand jury did not indict a police officer who shot and killed an unarmed black teenager in August, St. Louis Unified Command said in a press conference Tuesday morning.
Heavily armed police fired pepper spray and smoke canisters to disperse the crowds of protesters. Police seized a .45 mm automatic handgun as well.
"We have no loss of life, but I am disappointed the night turned out this way," St. Louis Police Department Chief Jon Belmar said.
Belmar said he heard more than 150 shots ring off in the night. 
"What I've seen tonight is probably worse than the worst night we had in August," Belmar said.
Gov. Jay Nixon ordered more Missouri National Guardsmen to provide security at the Ferguson Police Department.
St. Louis County Prosecuting Attorney Bob McCulloch announced the decision not to indict Darren Wilson on Monday evening. A grand jury of nine whites and three blacks had been meeting weekly since Aug. 20 to consider evidence in the fatal shooting of Michael Brown, 18. The panel met for 70 hours and heard from 60 witnesses.
McCulloch stressed that the grand jurors were "the only people who heard every witness ... and every piece of evidence." He said many witness presented conflicting statements that ultimately were inconsistent with the physical evidence.
"These grand jurors poured their hearts and soul into this process," he said.
Brown's family immediately issued a statement following McCulloch's announcement.
"We are profoundly disappointed that the killer of our child will not face the consequence of his actions," the family said. "While we understand that many others share our pain, we ask that you channel your frustration in ways that will make a positive change. We need to work together to fix the system that allowed this to happen."  
Brown's mother, Lesley McSpadden, was sitting atop a vehicle when the decision was announced, and burst into tears and began screaming before being whisked away by supporters.
President Obama addressed the nation less than an hour after the decision was announced, pleading with protesters to remain peaceful.
"I join Michael's parents to ask anyone who protests this decision to do so peacefully," Obama said. "Let me repeat Michael's father's words: 'Hurting others and destroying property is not answer. I do not want my son's death to be in vain.'"
But soon after McCulloch's statement, a crowd gathered in Ferguson erupted in anger, throwing things at police and knocking down a barricade after McCulloch's announcement. Several gunshots were heard on the streets.
The St. Louis County Police Department announced that shots were fired across from the Ferguson Police Department, though it was not immediately clear if anyone was injured.
The crowd converged on a barricade where police in riot gear stood along the street. They pushed the barricade down and began pelting police with items, including a bullhorn. Officers in armored vehicles lobbed canisters of irritants that made people's eyes and lungs burn, dispersing crowds after a police car was vandalized, business windows shattered and gunshots rang in the streets.
Protesters hugged a barricade and taunted police, sometimes with expletives. Some chanted "murderer." Gunshots were heard down the street and somebody threw a water bottle that bounced off a police shield.
Some in the crowd reportedly tried to stop others from taking part in vandalism and other violent reactions.
Early Tuesday, the FAA activated a temporary flight restriction over Ferguson for safety reasons. Only police aircraft would be allowed to fly over the area, the FAA said in a statement.
Wilson, 28, shot and killed Brown on a Ferguson, Mo. street following a scuffle on Aug. 9 as the teenager and a friend walked back from a convenience store. Brown's body lay in the street for four hours in the summer heat, and neighbors later lashed out at authorities, saying they mistreated the body.
According to testimony released by McCulloch's office Monday night, Wilson said Brown hit him in the face after. Wilson drew his gun in fear that Brown would knock him out. Wilson said Brown nearly dared him to shoot Brown.
Wilson said he managed to pull the trigger, and the gun "clicked" twice without firing before a shot went through the window. Wilson said Brown stepped back and then looked at him with the "most intense, aggressive face."
"The only way I can describe it, it looks like a demon, that's how angry he looked. He comes back towards me again with his hands up."
Brown took off running and Wilson followed him. Wilson said Brown eventually stopped and approached him. Wilson yelled to Brown to get on the ground. Wilson alleges Brown kept coming toward him and put his hand under his waistband of his pants.
Wilson said Brown was looking like he was going to tackle him. Wilson then fired shots toward Brown's head, killing him.
The grand jury testimony includes the accounts of many witnesses whose names are not listed in the transcripts.
One testified that he was working in a nearby building and saw Brown leaning through the police vehicle window and "some sort of confrontation was taking place." He said a shot rang out and Brown fled as the officer chased him with his gun drawn. The witness said Brown stopped and turned but never raised his hands. He said Brown "ran towards the officer full charge." The officer then fired several shots, but Brown kept rushing toward him, the witness said.
The shooting triggered riots and looting in and around the Ferguson area, and police responded to protesters with armored vehicles and tear gas. Protests continued for weeks -- often peacefully, but sometimes turning violent, with demonstrators throwing rocks and Molotov cocktails and police firing smoke canisters, tear gas and rubber bullets.
At times, the debate surrounding the shooting has focused as much on authorities' response -- which also featured officers equipped with military style gear, including armored vehicles, body armor and assault rifles -- as the shooting itself.

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