Inmate Spends 28 Years in Solitary. A Louisana Warden Is Finally Considering Letting Him Out.

Kenny “Zulu” Whitmore lives in a 6 foot by 9 foot cell. An
inmate at the Louisiana State Penitentiary at Angola, he spends 23
hours a day alone in his cell and gets one hour a day out to
shower, exercise, or walk around.
This has been his life for the past 28 years.

But soon that might change. Recently, Warden Burl Cain told
reporters with the Medill Justice Project that he might soon let
Whitmore back into the general prison population.

We will get him out. We’d rather him out. I need his cell.
I’ve got some young people, predators, that need to be in that
cell. When I can conclude he’s not going to cause me the blues,
then he can come out of the cell.

Whitmore, 59, is a convicted murder serving a life sentence, and
he’s escaped from prison once but that doesn’t seem to be why
he’s been held in solitary confinement for so long.

Cain said he was concerned about is Whitmore’s longstanding
affiliation with the Angola chapter of the Black Panther Party, a
black revolutionary socialist organization that grew to prominence
in the 1960s. Whitmore tried to escape in 1986, which also made him
a security risk. Cain said Whitmore has the right to hold his
political beliefs—as he himself does—but he expressed concern that
Whitmore could spread his beliefs in the prison, sparking violence
among inmates.

“The Black Panther Party advocates violence and racism—I’m not
going to let anybody walk around advocating violence and racism,”
Cain said.

Michelle Rutherford, Whitmore’s attorney in his federal suit,
said in a
prepared response
, “Warden Cain’s statement confirms the
allegations Mr. Whitmore makes in his civil rights suit: he has
been held in a 9 by 6 foot cell for over 35 years because of his
political beliefs, not because of any demonstrated violent or
disruptive behavior.”

As Reason contributor
Steve Chapman points out in a piece on the ever-increasing use of
solitary confinement in the U.S.,
isolating prisoners for long
periods of time may only backfire.

The use of isolation originated in this country in the early
19th century, with the purpose of spurring criminals to reflect on
their misdeeds and repent.

Stuart Grassian, a psychiatrist and former professor at Harvard
Medical School, writes that the results were “catastrophic. The
incidence of mental disturbances among prisoners so detained, and
the severity of such disturbances, was so great that the system
fell into disfavor and was ultimately abandoned.”

Americans of that era eventually saw that isolating prisoners
was not only inhumane but self-defeating, making criminals worse
instead of better.

But less than a century later, all of that was forgotten in a
frenzy of tough-on-crime measures, including “supermax” prisons
that imposed extreme isolation on the worst offenders—and, in the
words of a federal court, skirted “the edge of what is humanly
tolerable for those with normal resilience.”


A bill sponsored by Louisiana Rep. Cedric Richmond to study and
change the way solitary confinement is used was introduced to
Congress in May.
The bill is called, “The Solitary Confinement
Study and Reform Act.”

Richmond is particularly concerned with the fact that in many
cases, prisoners are held in solitary without any sort of
administrative procedure being followed first.

“If you put somebody in solitary confinement, you can’t just put
them there and throw it away,” Richmond said. “At some point since
that is an additional punishment of itself, there has to be
something in place that [proves] solitary confinement is
warranted.”

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Despite Huge Increase in Marijuana Busts, Pot Smokers Seem Undeterred

The total
number of marijuana arrests in the United States, which rose
dramatically from about 288,000 in 1991 to a peak of 873,000 in
2007, has declined since then, reaching 750,000 in 2012. But
according to a
new analysis
by Jon Gettman, a former national director of
NORML who is now a professor of criminal justice at Shenandoah
University in Virginia, arrest rates have continued to rise in 16
states and the District of Columbia. Nationwide, the number of
arrests per 100,000 residents more than doubled between 1991 and
2012. The overwhelming majority of those arrests (88 percent in
2012) involved simple possession, indicating that consumers have
borne the brunt of this cannabis crackdown. Yet the huge increase
in pot busts does not
seem
to have had much of a deterrent effect.

According to National Household Survey on Drug Abuse (NHSDA),
the number of people who reported using marijuana in the previous
year rose and fell through the 1990s as arrests steadily climbed.
In the National Survey on Drug Use and Health, which began in 2002,
that number was fairly flat until 2009, despite continued increases
in arrests. It rose steadily from 2009 through 2012, the last year
for which data are available. In the Monitoring
the Future Study
, annual prevalence of marijuana use by high
school seniors rose from 24 percent in 1991 to 36 percent in 2012.
This does not look like a drug policy that is working.

In 2012, Gettman found, the jurisdictions with the highest
marijuana arrest rates were the District to Columbia (729 per
100,000 residents), New York (577), Louisiana (451), Illinois
(447), and Nebraska (421). The national average was 239. Measured
by the share of annual users arrested, Louisiana led the pack at
6.4 percent, followed closely by New York at 6 percent, then
Maryland (5.8 percent), Nebraska (5.5 percent), and Wyoming (5.1
percent). The national average was 2.8 percent. The jurisdictions
that saw the biggest average annual increases in their arrest rates
between 2008 and 2012 were South Carolina (13.1 percent), D.C. (9.4
percent), South Dakota (8.3 percent), North Dakota (7.8 percent),
and Utah (5.6 percent).

Those states, along with a dozen others, bucked the national
trend: For the country as a whole, the marijuana arrest rate per
100,000 fell by an annual average of 3.8 percent between 2008 and
2012. The states with the biggest annual decreases were
Massachusetts (29.1 percent), California (27.9 percent), Alabama
(22.9 percent), Washington (18.7 percent), and Connecticut (18.7
percent). Gettman notes that “the reduction in California and
Massachusetts is due to the replacement of criminal penalties
for possession with civil penalties.”

Gettman’s
report
is full of interesting data and well worth a closer
look. (So is his new website, RegulatingCannabis.com).
“Over the last two decades,” Gettman concludes, “marijuana arrests
and marijuana arrest rates have doubled, and at great expense
to both the public and the individuals arrested….Marijuana
arrests have increased significantly, and in many states they
continue to increase. The other important fact is that despite
these arrests marijuana use has been increasing over the last
decade….In light of their failure to curb the increase in
marijuana use the costs and benefits of marijuana arrests, and
who bears them, require greater study.”

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Obama's Message To Republicans: "Stop Just Hatin’ All The Time"

Two weeks ago the head of the “most transparent administration ever” (perhaps to the NSA?), president Obama, told the common American to “not be cynical” and have hope. Today, speaking appropriately in an ornate theater in Kansas City, he had a message for republicans: “Stop being mad all the time. Stop. Stop. Stop just hatin’ all the time.”

Reuters has more:

“They’re not happy that I’m president, but that’s OK. Come on!” he said, gesturing as if to welcome lawmakers to a table.

 

“I’ve only got a couple of years left, come on, let’s get some work done. Then you can be mad at the next president,” he said, chuckling.

This is taking place hours after it was reported that Obama, in a clear challenge to republicans, was preparing to announce a plan to deport fewer illegal immigrants, even as one of the biggest immigration scandals in recent years has emerged as the relentless influx of illegal immigrant of Central American children into southern states, something even Obama has acknowledged is becoming a problem.

So why the attempt to fire up a confrontation with the GOP?

Obama has been delivering variations of the fiery stump speech all summer as he tours the country trying to motivate Democrats – and wealthy donors – to get involved in November’s congressional elections.

 

His aim is to energize Democratic voters ahead of the elections in hopes of stopping Republicans from gaining control of the Senate, which would, when joined with a Republican hold on the House, could make it extremely difficult for him to pursue his agenda in his last two years in office.

One could almost accuse Obama – the most unpopular president since World War II – of taunting republicans to commence the impeachment proceedings that some of his adversaries have floated in recent weeks, in order to get democrats to “rally around the flag” ahead of the crucial mid-term elections.

What one certainly can’t accuse the president of, is taking responsibility. As AP reported earlier, in the endless feud over Obamacare, the latest scapegoat for the disastrous rollout of the website has been found.

And speaking of government, and thus capital misallocation and inefficiency, the GAO also reported that the administration has spent roughly $840 million on HealthCare.gov, including more than $150 million just in cost overruns for the version that failed so badly when it launched last year.

But as noted above, blame managers, not the president. From National Journal: “The Government Accountability Office says cost overruns went hand-in-hand with the management failures that led to the disastrous launch of HealthCare.gov and the 36 state insurance exchanges it serves.

GAO’s report, prepared for a Thursday Energy and Commerce Committee hearing, details a long series of management, oversight and contracting problems that plagued the entire process, from risky contracting practices in 2011 through the botched launch last October…. the GAO says similar problems could arise again without structural changes in the way the government manages its contracts and spending.

Remember: whatever you do, don’t be cynical.




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Obama’s Message To Republicans: “Stop Just Hatin’ All The Time”

Two weeks ago the head of the “most transparent administration ever” (perhaps to the NSA?), president Obama, told the common American to “not be cynical” and have hope. Today, speaking appropriately in an ornate theater in Kansas City, he had a message for republicans: “Stop being mad all the time. Stop. Stop. Stop just hatin’ all the time.”

Reuters has more:

“They’re not happy that I’m president, but that’s OK. Come on!” he said, gesturing as if to welcome lawmakers to a table.

 

“I’ve only got a couple of years left, come on, let’s get some work done. Then you can be mad at the next president,” he said, chuckling.

This is taking place hours after it was reported that Obama, in a clear challenge to republicans, was preparing to announce a plan to deport fewer illegal immigrants, even as one of the biggest immigration scandals in recent years has emerged as the relentless influx of illegal immigrant of Central American children into southern states, something even Obama has acknowledged is becoming a problem.

So why the attempt to fire up a confrontation with the GOP?

Obama has been delivering variations of the fiery stump speech all summer as he tours the country trying to motivate Democrats – and wealthy donors – to get involved in November’s congressional elections.

 

His aim is to energize Democratic voters ahead of the elections in hopes of stopping Republicans from gaining control of the Senate, which would, when joined with a Republican hold on the House, could make it extremely difficult for him to pursue his agenda in his last two years in office.

One could almost accuse Obama – the most unpopular president since World War II – of taunting republicans to commence the impeachment proceedings that some of his adversaries have floated in recent weeks, in order to get democrats to “rally around the flag” ahead of the crucial mid-term elections.

What one certainly can’t accuse the president of, is taking responsibility. As AP reported earlier, in the endless feud over Obamacare, the latest scapegoat for the disastrous rollout of the website has been found.

And speaking of government, and thus capital misallocation and inefficiency, the GAO also reported that the administration has spent roughly $840 million on HealthCare.gov, including more than $150 million just in cost overruns for the version that failed so badly when it launched last year.

But as noted above, blame managers, not the president. From National Journal: “The Government Accountability Office says cost overruns went hand-in-hand with the management failures that led to the disastrous launch of HealthCare.gov and the 36 state insurance exchanges it serves.

GAO’s report, prepared for a Thursday Energy and Commerce Committee hearing, details a long series of management, oversight and contracting problems that plagued the entire process, from risky contracting practices in 2011 through the botched launch last October…. the GAO says similar problems could arise again without structural changes in the way the government manages its contracts and spending.

Remember: whatever you do, don’t be cynical.




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IJ Announces Big Push, New Site for Asset Forfeiture Reform

"That car looks guilty, too. Bring 'er in."The liberty-loving Institute
for Justice (IJ) has put together a new one-stop shop for info
explaining all the terrible problems with and government abuse of
civil asset forfeiture laws for you to share with any friends or
family who don’t quite get it. And there’s more to come.

Check out the easy-to-remember endforfeiture.com. Scroll down the
site and you’ll hit every piece of information you need to
illustrate the abuse problems and twisted incentives that come from
the government’s ability to seize assets from citizens through
civil processes without ever having to prove they committed a
crime. The site includes IJ’s videos and report about “Policing for
Profit,” as well as details about a handful of specific cases,

some
of which will be
familiar
to
regular
Reason readers. And there will be more cases.

“We’re going to have a whole string of them coming out in the
next year,” says IJ Senior Attorney Scott Bullock. He is leading
the institute’s eight-member “forfeiture initiative team.”

The site, though, is not just about what IJ is doing to fight
asset forfeitures. It highlights the two
recently

introduced
congressional bills to try to scale back the power
on the federal level to take citizens’ property without real due
process. It also offers some model legislation language that could
be used on the state level to reform the rules and reporting
requirements for asset forfeiture. The model legislation could be
used, for example, for citizens to craft a ballot initiative in
their states for an “end run” around government interests, Bullock
said.

“When Americans hear you can lose your property without
committing a crime, they can’t believe it,” Bullock said. “But
there are powerful interest groups on the other side that fight
tooth and nail to fight reform,” like the prosecutors and law
enforcement agencies who get the money from the forfeitures. Such
efforts have succeeded in Oregon and Utah, though unfortunately

Utah’s
reforms were gutted last year.

IJ has had a string of successes lately, fighting licensing
regulations meant to hamstring everybody from
coffin-crafting monks
to hair-braiders to
taxi drivers
. May the new push produce more victories.

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Former NSA Chief Cashing In on Spook Background, Making $1 Million a Month to Consult

i know why you're smilingGen. Keith Alexander was the longest serving
chief of the National Security Agency (NSA) in the history of the
organization, spending nine years at the top of the agency. In that
time, he was part of nine patent applications for technology he
helped develop while there. But now Alexander is
going around
charging big corporations and banks $1 million a
month for consulting work and says that he’s got new ideas he’s
going to patent that make his advice worth so much. Although he
only retired in March, Alexander now says that the reason he can
charge up to $1 million a month is because of a new set of patents
he plans on filing he insists he came up with only after leaving
the NSA. He insists, too, that agency lawyers have reviewed to
ensure were not based on ideas proprietary to the NSA.

Alexander’s explanation comes a few weeks after Rep. Alan
Grayson (D-Fla.)
wrote
(PDF) one of Alexander’s clients expressing concern that
the former NSA chief must be offering classified information to be
charging as much as he is.

Foreign Policy
explains
why Alexander’s actions could be problematic even if
everything he says is true:

But even if Alexander’s new technology is legally unique, it is
shaped by the nearly nine years he spent running an intelligence
colossus. He was the longest-serving director in the history of the
NSA and the first commander of the U.S. Cyber Command, responsible
for all cybersecurity personnel — defensive and offensive — in
the military and the Defense Department. From those two perches,
Alexander had access to the government’s most highly classified
intelligence about hackers trying to steal U.S. secrets and disable
critical infrastructure, such as the electrical power grid. Indeed,
he helped to invent new techniques for finding those hackers and
filed seven patents on cybersecurity technologies while working for
the NSA.

Foreign Policy calls this an unfair competitive
advantage. Alexander’s actions after leaving his post at the NSA
provide an illuminating example of how government officials use
their “public service” careers to profit in retirement, something
that should be, at the very least, seriously questioned. The NSA
compensated Alexander well for his time there—perhaps it would not
be too unreasonable to include in employment contracts for people
like Alexander clauses that prevent future private sector
employment in related fields. After all, wasn’t that one of the
reasons provided for compensating government employees well in
salary and pensions in the first place?

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3 WTF Charts

Something doesn’t add up here… (and rumors of heavy institutional selling is not helping)

 

Breadth is weak…

 

and flows are diverging…

The average Russell 2000 stock is -20% under its 52 week high

And High Yield credit is flashing bright red…

 

As Barclays Phil Solarz warns,

One of the things that sticks in my mind from 2007 (and I am NOT suggesting a 2007/2008 repeat here) is the fact that the credit markets moved before equity markets….and not just once, but three or four times through 2007 and 2008.

 

I recall looking at charts like the attached and thinking “why has this correlation broken down?”

 

Inevitably, the credit markets would be right, and the equity market would eventually catch up and re-establish the correlation.

 

The chart above shows (the inverse of) the junk-less-10 year spread vs the S&P. The tight correlation of the past 12 months (and actually, the last 3 years) has broken down this month.

Charts: JC O’Hara at FBN Securities, @Not_Jim_Cramer, Barclays




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Goldman's FOMC Post-Mortem: "Slightly Hawkish Tilt"

As always, for the best take of what the Fed was thinking, skip Hilsenrath and go straight to the people who provide it with its talking points. Here is Goldman’s Jan Hatzius with hos  post-mortem of the just released FOMC minutes.

Slightly Hawkish Tilt to July FOMC Statement

 

BOTTOM LINE: The July FOMC statement showed more of an acknowledgement of firming inflation and reduction in downside risks to inflation than we had expected. Changes to language on the labor market were mixed. Philadelphia Fed President Plosser lodged a hawkish dissent.

 

MAIN POINTS:

 

1. The statement’s language was adjusted to indicate that inflation “moved somewhat closer to the Committee’s longer-run objective,” rather than “has been running below the Committee’s longer-run objective.” In a similar vein, the Committee now judges “that the likelihood of inflation running persistently below 2 percent has diminished somewhat.”

 

2. Language on the labor market was upgraded slightly. “Labor market conditions improved, with the unemployment rate declining further,” replaced “labor market indicators generally showed further improvement.” However, the statement added new language indicating that “a range of labor market indicators suggests that there remains significant underutilization of labor resources,” providing a dovish counterweight.

 

3. The pace of asset purchases will be tapered by a further $10bn/month (to $25bn/month) starting in August. In an accompanying statement, the New York Fed indicated that purchase distributions will remain unchanged, but the number of individual Treasury operations per month will continue to be reduced.

 

4. Philadelphia Fed President Plosser dissented to the statement, indicating discomfort with the “considerable time” language used to describe the expected delay between the end of QE and the first rate hike.


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Goldman’s FOMC Post-Mortem: “Slightly Hawkish Tilt”

As always, for the best take of what the Fed was thinking, skip Hilsenrath and go straight to the people who provide it with its talking points. Here is Goldman’s Jan Hatzius with hos  post-mortem of the just released FOMC minutes.

Slightly Hawkish Tilt to July FOMC Statement

 

BOTTOM LINE: The July FOMC statement showed more of an acknowledgement of firming inflation and reduction in downside risks to inflation than we had expected. Changes to language on the labor market were mixed. Philadelphia Fed President Plosser lodged a hawkish dissent.

 

MAIN POINTS:

 

1. The statement’s language was adjusted to indicate that inflation “moved somewhat closer to the Committee’s longer-run objective,” rather than “has been running below the Committee’s longer-run objective.” In a similar vein, the Committee now judges “that the likelihood of inflation running persistently below 2 percent has diminished somewhat.”

 

2. Language on the labor market was upgraded slightly. “Labor market conditions improved, with the unemployment rate declining further,” replaced “labor market indicators generally showed further improvement.” However, the statement added new language indicating that “a range of labor market indicators suggests that there remains significant underutilization of labor resources,” providing a dovish counterweight.

 

3. The pace of asset purchases will be tapered by a further $10bn/month (to $25bn/month) starting in August. In an accompanying statement, the New York Fed indicated that purchase distributions will remain unchanged, but the number of individual Treasury operations per month will continue to be reduced.

 

4. Philadelphia Fed President Plosser dissented to the statement, indicating discomfort with the “considerable time” language used to describe the expected delay between the end of QE and the first rate hike.


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Stocks Give Up Post-FOMC Gains, Dollar Drops, Gold Flat

Oil prices are holding below $100 and gold (after oscillating) is flat post FOMC. Stocks have roundtripped and given up the kneejerk gains as the USDollar has sold off notably (retracing its gains from GDP earlier in the day). Treasury yields are lower post-FOMC.

 

 

 

Charts: Bloomberg


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