Don’t vote your conscience


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Trumo Go BoomAs the landscapes of media and communication continue to evolve, the lines between news, opinion and entertainment are blurring quicker than society can vet facts. Thus, there seems to be confusion over what is unsafe and what is uncomfortable. While the two concepts are not mutually exclusive, it is imperative to understand that neither are they the same.

While the two concepts are not mutually exclusive, it is imperative to understand that neither are they the same.

Politics and (some) Violence

In the United States, politics was established as the means by which problems can be addressed without violence. This places faith in a system, regulated by layers of redundancy in its checks and balances, to decide what measures to pursue that reflect the vox populi. One can guess that when the founders were composing the fundamental document to establish our government, they were still reeling from the echoing concussions of revolution. These men did not feel safe.

Rather, the founders probably felt correspondingly unsafe with the prospect of a disproportionate amount of power allocated to either the central government or the state governments. They felt unsafe with the potential  uprising of a population of people who were kept as property based on their race. They felt unsafe due to the enormous financial debt incurred by the colonies for the economic costs of war. So, they designed such constitutional measures as separation of powers, the second amendment to the Bill of Rights, and a fractional reserve system of banking. What worked to preserve their safety at the time was, perhaps, shortsighted.

Two-hundred-thirty or so years later, our nation, devised in liberty and dedicated to the proposition that all men are created equal, has risen to a peak in global prowess that demonstrates the success of the system born of revolution, as well as showcasing its many flaws. History shows us that, when diplomacy fails and compromise is not pursued, violence fills the vacuum. While the argument can be made for the causes of political breakdowns to be many and complex, the most notable of them have been over race, war, and money.

Last Place Aversion in (presidential) Politics

The social phenomenon happening today has been increasing in frenetic urgency every four years, showing itself in the form of presidential campaign rhetoric. Fears are stoked and false equivalencies are pedaled. Now, as the locomotive of the Republican Convention barrels into the station as if driven by Casey Jones, the strategy has become clear. Donald Trump has tapped into the ugly effectiveness of the last place aversion paradox. Last place aversion is, to put it in extremely simplistic terms, the concept of relinquishing power to those with more, if it means preserving that power from those who have less. Following Donald’s speech, now more than ever, for Democrats to win this election against the nativist, hyper-nationalist, downright racist messaging of the Republican nominee’s pro-wrestling-style cheap-pop, they must focus all their campaigns -presidential and otherwise – on civil rights. In fact, all issues must be rooted in civil rights. That is an uncomfortable truth.

Last place aversion happens when uncomfortable is confused with unsafe. Self-preservation and self destruction look alike. The rest is just dressing one’s decision with self-serving justification to make it more palatable. Often such justification is fed to people by campaigns who would have people believe that politics is something worthy only of being the butt of a joke, or effective only when threatened with the barrel of a gun. This is thinly veiled by pundits and surrogates who use the word “establishment” with negative connotation, as if when they say it they want to laugh or spit. Just as familiarity breeds contempt, so does being an outsider fill voters with a sense of honesty and purity.

The Obama Coalition, consisting in large part of the growing minority population that makes up a reliable and vocal block of voters, ready to mobilize, and for whom this election is far too important to stay home, will be organizing and voting for the Democratic nominee. That, for some, is also an uncomfortable truth.

Trump in the Garden of Good and (mostly) Evil

Donald J. Trump has campaigned by exaggerating issues that make many people uncomfortable, thereby creating the illusion they are unsafe. Race in America is an uncomfortable conversation. Immigration is an uncomfortable conversation. Terrorism and  religion is an uncomfortable conversation. Yet, by harnessing the manipulative aspects of the behavioral psychological phenomenon of attribute substitution, a process thought to underlie a number of cognitive biases (including stereotypes), Trump has tipped the scale away from many of these uncomfortable conversations. If addressed bravely and honestly by Americans, perhaps communicating on these issues would make the nation a safer place in the long run. Instead, Trump scapegoats the populations statistically facing the most real danger, painting them as the causes of danger for those who are likely to harbor biases and discomfort.

Described by Daniel Kahneman in his book, Thinking, Fast and Slow, attribute substitution is best explained as:

“When faced with a difficult question, we often answer an easier one instead, usually without noticing the substitution.”

Kahneman goes on to clarify the concept:

“An easy question (How do I feel about it?) serves as an answer to a much harder question (What do I think about it?).”

Many Americans prefer not to think about “it” at all. In spite of the fact that the average (white) American is far more likely, statistically to die of heart disease than by Islamic terrorism, he is still more likely to stare suspiciously at the Middle Eastern-looking gentleman at the ballpark, while eating a second hot dog and drinking a 32 ounce Mountain Dew. That same person may complain about “Mexican illegals” taking American jobs, after leaving his empty cup and hot dog wrapper on the ground to be cleaned up by a tax paying, undocumented, Ecuadorian immigrant – a job the average (white) American would never accept. Then, he may confidently drive home, in excess of the speed limit, knowing if he gets pulled over, he will be able to afford the speeding ticket. The average (white) American takes for granted that, were he stopped, he would not be shot by the police officer.

It was to an audience, made almost exclusively of this average (white) American, to whom Trump addressed his speech, describing a thousand points of darkness. In the city in which Tamir Rice was killed for holding a toy gun, Trump talked about being the law and order candidate. Simultaneously, white nationalists and open-carry enthusiasts brandished real firearms absent of police interference. Because, the problem, according to Trump, was everyone except his audience. To call on his audience to look within themselves and discern whether or not they enjoy privilege that others lack, would make them extremely uncomfortable. The only ask he made of his audience was to vote to put him in charge and let him speak for America. Because, only he alone can solve the scourge of lawlessness which he blames on everyone except himself and his supporters. That is not only wholly illogical, it is decidedly unsafe.

(not) Voting Your Conscience

Come November, Americans will vote their individual consciences. One might argue that, based on the collective conditioning of attribute substitution and its influence on people’s cognitive biases, people who “go with their gut instinct” are just as often wrong as they are right. Yet, just as likely is that voters have already made their decisions and are simply seeking justification for the choice that makes them most comfortable. Another quote by Kahneman goes:

“We think, each of us, that we’re much more rational than we are. And we think that we make our decisions because we have good reasons to make them. Even when it’s the other way around. We believe in the reasons, because we’ve already made the decision.”

Voting one’s conscience makes one feel comfortable. Perhaps it may be better to truly weigh the facts and the potential consequences before voting.

Of course, this unsolicited advice is not directed at you. I’m certain your choice will be weighed, measured, and not be found wanting for that which is best overall for the nation’s most vulnerable and the longest and most balanced period of peace and prosperity.

Politics is not the enemy. It is the process by which America solves its problems, albeit slowly and uncomfortably, without resorting to violence.

Wikileaks dump shows DNC had concerns about RI primary


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Nellie Gorbea

[Edit: 5pm: This story has been updated with additional information and a statement from the Secretary of State.]

When Rhode Island Board of elections chose to open only 144 of the state’s 419 polling stations for the April 26 primary, some cried foul. The move was seen by some as an attempt to stifle voters who might turn out for Bernie Sanders instead of Hillary Clinton. (On the Republican side, a Donald Trump victory was never in question.) RI Secretary of State Nellie Gorbea, vice chair of the Democratic National Committee (DNC) Platform Committee, was cast as a political insider working for the Clinton campaign, though all polling locations were and are determined by local municipalities and the RI Board of Elections.

With the release of a giant crop of leaked DNC emails from Wikileaks, Gorbea appears to be exonerated from the charge of electioneering. However, the emails do seem to indicate that operatives within the Democratic National Committee were interfering in the election on a national level, placing more than a thumb on the scales in Clinton’s favor, even as they attempted to manage the public’s perception of their interference. Favoring one candidate over another is a violation of DNC rules.

The Wikileak emails show that ahead of Bernie Sanders’ big win in the Rhode Island primary, highly placed operatives in the Democratic National Committee were worried about the optics of the RI Board of Election’s decision to not open more than a third of the polling places, mistakenly believing that Gorbea was the one who made the decision.

On April 25 DNC Deputy Communications Director Eric Walker wrote to his boss, Luis Miranda, “Bernie leads Hillary by 4 in the latest poll. If [Clinton] outperforms this polling, the Bernie camp will go nuts and allege misconduct. They’ll probably complain regardless, actually. We might want to get out in front of this one with an inquiry to [Rhode Island Governor Gina Raimondo], even though she’s one of ours.”

By “one of ours” let’s assume Walker simply meant, “a Democratic governor”.

The next day was April 26, the day of the actual primary. Having been informed by DNC Northeast Regional Political Director Erin Wilson that, “We’ve got a pretty close relationship with Nellie,” Walker suggested contacting Gorbea directly.

“Was thinking a letter so that if press asks us about it, we can show we are responsive and active,” wrote Walker, “If we’re crying foul in AZ, we might need to do the same – at least nominally – in RI so we don’t look like hypocrites.”

This prompted DNC National Political Director Raul Alvillar to write, “I am fine with that. Before we do that we should talk to [Gorbea] to get all of the details.”

Walker responded, “I would like to be on this call, but first, I don’t think we even need a statement. We just need something to cover ourselves.

“I think when we start getting inquiries, if we have a letter to the [Secretary of State] that we can point to, it will show that we are engaged and that we don’t just pipe up when it’s a Republican administration closing poll locations.

“We can make the point to reporters individually off the record that it’s not apples and oranges: Arizona more serious because the state was covered under [Voting Rights Act] and has had a history of problems – Rhode Island doesn’t have those same historical issues.”

The primary in Rhode Island was in full swing just before 1pm when Erin Wilson came back with more information. “[Pratt Wiley, DNC National Director of Voter Protection] and I were reminded that in RI, the Secretary of State doesn’t manage elections, but they’re run by the Board of Elections that are appointed by the Governor. Apparently the number of polling locations they’ve opened are consistent with the numbers opened in 2008 and 2012, and they’ve also increased the number of poll workers, ballots and booths to accommodate any unexpected surges. For example they’re telling us that they printed 300K ballots for an expected turnout of 180K. Again, these decisions are made by the Board of Elections.

“The Secretary has been traveling to polling locations all morning/afternoon and they haven’t seen any issues. Apparently the longest wait they’re seeing is 25 minutes.

“So, if we do write a letter, it would need to be to the Board of Elections. I’d be a little cautious about pulling the trigger on it too soon. Can we give some of this info on background to show we’ve made inquiries to the state if we start getting calls and then punt it back to RI?”

Eric Walker, now having been in contact with Gorbea, writes, “To be clear – no inquiries yet, but RNC will be pushing it.

“Pratt just swung by my desk – [Secretary of State Nellie Gorbea is] ready to go on record with these points defending their approach, which is good.

“I think that if DNC press office gets inquiries about hypocrisy between AZ / RI then we can direct them to RI [Secretary of State] comment, and explain on background that it’s not as dire as AZ and that RI doesn’t have the same VRA baggage.”

The final email on Wikileaks regarding the issue came from DNC National Political Director Raul Alvillar, who wrote, “Perfect. This is good.”

Of course, the entire issue of whether or not the Board of Elections declined to open more polling stations to favor Clinton in the primary went away when Sanders clobbered Clinton, taking 55 percent of the vote. This upset caught local machine Democrats completely off guard and surprised national pundits.

From reading the emails, it seems clear that Gorbea answered concerns from the DNC and coordinated a response to criticisms of the Board of Election’s decision as to the number of polls to open, but no evidence of outright collusion for the purpose of electioneering can be seen in them.

According to Nicole Lagace, Senior Advisor and Communications Director to the Secretary of State, “The DNC reached out to Secretary Gorbea on April 26 to inquire about the decreased number of polling locations in Rhode Island for the Presidential primary. We explained that we do not oversee polling locations and that was the end of that correspondence.”

[Andrew Stewart contributed to this reporting.]

Ethics complaint filed against Rep Bill O’Brien


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William O’Brien

Sam Bell, state coordinator of the Rhode Island Progressive Democrats of America (RIPDA),  filed an ethics complaint against Representative William O’Brien (District 54) last week. Bell alleges that when O’Brien ran for office in 2009 and 2011, he failed to file his first two required financial disclosure statements. Candidates are required to file financial disclosure statement for the preceding year.

A conservative Democrat from North Providence, Bill O’Brien was found to have plagiarized large portions of his website.  Currently, O’Brien is facing a primary challenge from Democrat Bill Deware, a progressive and labor activist.

“Financial disclosure forms are vitally important,” said Bell in a statement, “Without them, we have no idea where politicians receive their income.  Given that the [Raymond] Gallison scandal seems to be related to lawmakers’ income, tracking where politicians make their money is especially important.”

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Federal judge orders end to “Prison Gerrymandering” in Cranston school and city council districts


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aclu logoIn a precedent-setting ruling, U.S. District Judge Ronald Lagueux issued a decision today holding that the City of Cranston violated the one person, one vote requirements of the U.S. Constitution when it allocated the entire incarcerated population of the Adult Correctional Institutions (ACI) as “residents” of one ward of the City when it drew district lines for the City Council and School Committee following the 2010 Census.  The ruling allows the City 30 days to present the Court with a new redistricting plan meeting constitutional requirements.

Today’s ruling, just the second of its kind in the nation, concluded that the City artificially inflated the population count of Ward 6, where the ACI is located, by treating all incarcerated persons as “residents” of the prison for redistricting purposes. Doing so, said the court, violates the rights of persons residing in other wards to equal representation as required by the Equal Protection Clause of the Constitution.

“I’m thrilled that our fight for equal representation has been successful,” said Karen Davidson, lead plaintiff.  “Fairness in redistricting is a fundamental right and I’m glad that the court has vindicated our claims.”

At issue in the case was the City of Cranston’s choice to count the more than three thousand inmates at the ACI in a single city ward for the purposes of drawing City Council and School Committee districts.  Plaintiffs argued this “prison gerrymandering” was improper because those incarcerated at the ACI are not true constituents of local elected officials, but instead remain residents of their pre-incarceration communities for virtually all legal purposes, including voting.

Judge Lagueux agreed with the plaintiffs’ claims, stating that “the ACI’s inmates lack a ‘representational nexus’ with the Cranston City Council and School Committee.” He noted that “Cranston’s elected officials do not campaign or endeavor to represent their ACI constituents,” and pointed out that that the majority of incarcerated persons cannot vote, and those who can are required by law to vote by absentee ballot from their pre-incarceration address.

Due to the questionable counting, persons at the only state-run correctional facility in Rhode Island account for 25% of Ward 6’s total “population.” According to Census Bureau data, without the incarcerated population, Ward 6 has only 10,209 true constituents. Yet those constituents now wield the same political power as the roughly 13,500 constituents in each of the other wards.

Cranston residents Karen Davidson, Debbie Flitman, Eugene Perry, and Sylvia Weber joined the ACLU of Rhode Island as plaintiffs in the case. They were represented in federal court by Demos, the Prison Policy Initiative, the American Civil Liberties Union, and the ACLU of Rhode Island.

“This is a big win for democracy,” said Adam Lioz of Demos, counsel for the plaintiffs.  “Prison gerrymandering distorts representation and should no longer be tolerated.  This decision should pave the way for other courts to address this long-standing problem.”

“We applaud the court’s decision requiring the City to correct its prison gerrymandering problem without delay,” said Steven Brown, executive director of the ACLU of Rhode Island.  “It is time for Cranston to stop holding elections under a one-person, three-quarters of a vote regime.”

“Counting people at the ACI as constituents of Ward 6 officials made no sense,” said Aleks Kajstura of the Prison Policy Initiative.  “They can’t use the park or library, attend a City Council meeting, or send their kids to public schools.  And, even those who can vote must do so from their actual legal residence, not the prison location.”

“This ruling means that Cranston can no longer play games with our democracy by artificially inflating the political power of one district over another. People who are incarcerated should be counted as residents of the districts where they lived, not as so-called ‘residents’ of where they are involuntarily confined,” said Sean Young, staff attorney with the ACLU’s Voting Rights Project.

ACLU of RI volunteer attorney Lynette Labinger added: “The ACLU first urged the City to redraw its district lines four years ago in order to protect the rights of voters in the City’s five other wards. I am gratified that they should soon have their voices heard in equal measure with those in Ward 6.”

The case is Davidson et. al. v. City of Cranston.  Plaintiffs’ complaint can be found here and their response to Defendant’s motion to dismiss is here.  Judge Lagueux’s ruling is here.

[From a press release]