Courts & Law

Analysis & commentary: TUSD deseg plan, MAS, & beyond

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Mas-logoby Pamela Powers Hannley

The first of three public forums on the Tucson Unified School District's (TUSD) proposed desegregation plan took place on Monday night. 

Fellow BfAZ blogger Dave Safier posted a very detailed first-person account of the forum here this morning, and today's Arizona Daily Star's also offered a thorough account that overlaps somewhat with Safier's but also includes other facts. (KGUN 9 video here.)

Safier writes from the viewpoint– as he admits– of commentator who has "expended thousands of words trying to explain the value of the MAS program". The Star reporter gives a newsier account of the meeting and offers some more basic background.

Why a third article? Here, I offer here some history, a broader analysis of the issues, and a call for action. Read more after the jump.

When the media carries water for the Arizona GOP – Voting Rights Act edition

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Posted by AzBlueMeanie:

I have already been over how we have a GOPropaganda echo chamber in the Arizona media in the previous post. So let's get to the other election news this week, from the Arizona Republic(an), Ariz. seeks Supreme Court relief on Voting Rights Act:

Three days after the Nov. 6 election, when many Americans happily made voting a memory, the U.S. Supreme Court agreed to hear a case that some legal experts say could lead to the biggest shake-up in voting law in nearly a half-century.

The court will weigh a key portion of the Voting Rights Act, a law that has changed little over 40 years and for decades has placed Arizona and eight other states under federal scrutiny for suspected discrimination.

Supporters of the lawsuit, which involves an Alabama county, say their efforts could once again put every state and locality on equal legal footing and evaluate anew whether minorities are treated unfairly anywhere.

* * *

The case has special relevance to Arizona, which is one of nine states that must get federal approval for any changes that could affect voting rights of minorities, such as Hispanics and Native Americans.

Arizona Attorney General Tom Horne has filed legal papers supporting the Alabama challenge of the requirement. Because of the provision, every conceivable change affecting voting in Arizona must run through Horne's office, which he said is a constant drain.

"I don't have any numbers at my fingertips, but I would describe the burden as huge," Horne said.

RupertGate expands to bribery of public officials

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Posted by AzBlueMeanie:

It has been some time since I have posted about RupertGate, the British media scandal surrounding Rupert Murdoch's tabloid media empire in Britain. Numerous former employees of Rupert Murdoch's flagship tabloid newspapers have been indicted and are being prosecuted, and some are cooperating as witnesses in exchange for plea agreements.

Prosecutors are "rolling up" everyone involved in the scandal, working their way up the chain. All roads eventually lead to the man who runs the tabloid media empire, Rupert Murdoch. It is only a matter of time before prosecutors finish prosecuting everyone in the chain of scandal and turn their attention to Murdoch.

Keep in mind that Rupert Murdoch is a naturalized U.S. citizen and spends much of his time living in the U.S. where he runs the American crown jewels in his yellow journalism crown, FAUX News Fraudcasting, New York Daily News, and the once venerable Wall Street Journal, among other lesser gems.

So the latest charges filed against Rupert Murdoch's employees for bribery of public officials hold out the very real possibility of U.S. prosecutions under the Foreign Corrupt Practices Act if that bribery was in any way directed from Murdoch's enterprises in the U.S. USDOJ: Foreign Corrupt Practices Act (FCPA).

Gov. Brewer’s blind hatred for DREAMERS (proxies for President Obama)

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Posted  by AzBlueMeanie:

Gov. Jan Brewer's executive order denying driver's licenses and ID cards to
undocumented immigrants who obtain work permits through President Barack
Obama's deferred-action program is a significant change in state
policy, records obtained by The Arizona Republic show. Brewer's order to end migrant driver licenses 'contradictory':

Brewer_hateOver the past eight years, Arizona issued licenses and ID cards nearly 40,000 times to non-citizens who had federal employment-authorization documents. Since Brewer's Aug. 15 order, the state has issued more than 1,000 driver's licenses or ID cards to non-citizens with work permits while denying licenses to those with work permits issued through Obama's program.

The data show that despite the state's longstanding practice of issuing driver's licenses to non-citizens with work permits, Brewer has singled out so-called dreamers, denying them driver's licenses even when they have work permits.

The federal work permits are identical except for a number that identifies them as recipients of deferred action under Obama's program. Anyone with that number can't get a permit under Brewer's order.

"It's completely contradictory," said Crystal Williams, executive director of the American Immigration Lawyers Association, an advocacy group in Washington, D.C. "If you give a driver's license under one of these circumstances, they are all pretty much the same circumstance, so it's contradictory to say we will give to one but not the other."

Team McSally seeks to suppress conditional ballots from Latino districts in Cochise County

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Posted by AzBlueMeanie:

The Tucson Weekly reports that Team McSally is trying to suppress conditional ballots from Latino districts in Cochise County by seeking a temporary restraining order to prevent provisional ballots from being counted on the specious grounds that the enclosure envelope was not sealed before being presented to election officials.

Spoiler alert: there is nothing in the statutes that require a sealed envelope — the ballots were accepted by poll workers, so the chain of custody was complete. CD2 Update: Republicans Go to Cochise County Court To Block Counting of Provisional Ballots in Latino Precincts:

[Martha McSally's] attorneys were in Cochise County court today in an effort to block
the counting of provisional ballots in a predominantly Latino precinct.

Barber’s campaign manager, Jessica Floyd, said it was an effort by Team McSally to disenfranchise Cochise County voters.

"We respect the ballot counting process currently taking place and want
to see it move forward,” Floyd said in statement. “The request for a
temporary restraining order filed today is an active attempt by Martha
McSally’s attorneys to disenfranchise voters in Cochise County. Throwing
away the votes of Southern Arizonans is wrong and unacceptable.”

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Attorneys Eric H. Spencer and Michael Liburdi of the Snell and Wilmer
law firm claim that approximately 130 provisional ballots should not be
counted because they “have been spoiled because they were not sealed,
as required, when they were transported from the Castro Park, Ramsey and
Hopi Precinct polling locations to the Cochise County Elections
Department and Recorder’s Office.”

The lawyers have asked for a temporary restraining order to keep the
Cochise County Division of Elections from counting the ballots.

But attorneys Paul F. Eckstein, Dan Barr and David Gaona of the Perkins
Coie law firm, which is representing Barber, say that Judge Wallace R.
Hoggart should reject the request for a temporary restraining order
because Spencer and Liburdi “simply cannot point to anything in section
16-584(D)—or any section of the election code, for that matter—which
would require that provisional ballots be sealed when presented to
election officials for verification.”