Law double-edged sword...

There are times when I get the need to escape from the everyday parade, uproar and tumult and really think about what is happening around me. These are times when I step back into silent contemplation and musing, complete seclusion. I just thought, how little and powerless we are as individuals against the machinery that is driving the world. The so-called 'law' that we lawyers have learned to revere and analyze, is in fact a double-edged sword. Yes, it can empower the weak, the oppressed, those without power... But increasingly and devastatingly, it is a tool in the hands of the powerful against very those it was designed to protect... It is a tool to disempower, disenfranchise, destroy the will of ordinary people. Injustice through legal channels and under the guise of the law is commonplace. The Bill of Rights is in the gutter. I speak to older lawyers who tell me, 'We won't be a free society in fifty more years.' Someone in fact said, 'Are we a free society today?!' Those in power have the upper hand over the U.S. Constitution, its interpretation, its application, its very existence. The liberal institutions upon which this country has been built and has survived, now are cast into permanent oblivion. Because of economic crisis, people only care about the daily sustenance, not the rights they once enjoyed... But they do not realize that economic-social rights are part of their rights they have lost. Corruption, impunity, complete lack of accountability are commonplace. Police harrassing, intimidating, threatening and beating up people in the streets. No one seems to care. No one seems to talk about these things. You have no right to privacy, no right to speak your mind, no right to walk in the streets freely and fearlessly... The monster is driving the world... and there is no end to be seen.

The law is being used very wittingly and cunningly by those in power against the very those it was designed to protect.

President Obama is trying hard to work with those who do not share his values. Meanwhile, his own values-- values that earned him his popularity and victory-- are dissolving. He is not standing by his promises to unravel the damage brought upon this country by the monster... The promise was exactly that: to uphold the values he was espousing but is now slowly eschewing... Did American progressivism die with Ted Kennedy?! That is the question.

Not enough said!

Prof. Gates' arrest did not come as a huge surprise to me (unfortunately)... 99% of my clients (criminal defendants) are either black or Hispanic. I know very well how so many white police officers treat my clients out in the streets. But somehow Obama's disappointed remark about how 'stupid' the police were, raised furor, forcing him to explain his comment away... One more example of how racially divided our country is... Is racial profiling just an expression or reality?! I am quite upset that they even dare to force Obama to take back what he says when he does not even say enough, in light of his own race and political posture... As much as he tries to unify this country-- an awesome and courageous promise-- I doubt if some people even appreciate it or want to embrace. Believe me, they are intransigent.. It is a wall that you can break yourself on before trying to break it.

As a side note, this incident also shows how fragile and insecure is Obama's position at this time. Did Bush ever have to explain away his comments, as stupid and outrageous as they were, or even apologize for anything? Why would Obama, the first African-American President, be treated differently?!

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News flash

One more example of how the Obama Administration is not any different from Bush's. The Administration has rejected the release of Chinese Uighurs, already cleared of charges but still detained at Guantanamo Bay, on the U.S. soil. Reminder, that these people are already cleared and are innocent of charges of plotting against the U.S. government. Yet, justice does not extend to aliens.

See here

Change is on the way?...

Promises for fundamental change in the United States policies and practice, specifically from those of Bush Administration, filled our hearts and minds not long ago... Inspired and excited we went to the polls...

The wisdom of the saying "Do not promise if you cannot deliver," has come back to haunt. President Obama has reneged on his promise to uphold long-held principles of human rights and has refused even to call the Armenian genocide by its name. (see here)

Has also not stood firm in his pledge to close the Guantanamo. By the very fact that he is supporting military commissions, he is following deeply-flawed policies of Bush. (see here)

Does change come half-way?

Marching of a New Era...

It has begun... It is not about talking and pointing fingers, but about living it, day after day...

Obama closes Gitmo... Read here

'No way, no how, no McCain'

November, 2004... The American people made a mistake, reelecting Bush to the second term by a popular vote. The politics of fear prevailed. I gasped for air and wanted to scream in pain. A dear friend said, 'Never lose hope.' But the 4 long years went by very slowly and in great agony... The 8 years left an irremediable mark on the American history and world politics. Things that the next generations will be paying a heavy price for years and decades to come.

Yet, now we have McCain as the messenger of Bush, propagating continuation of those same 8 years, same mentality, same policies and politics of fear. Watching the debate the other night, lost all and any respect for John McCain. Insulting Obama, came with an indolent and arrogant behavior. Constantly boasting about his record and looking at Obama as a 'child' who does not understand or know anything... So rude and disrespectful. Sounded and acted very much like Bush debating with Gore and Kerry. Most importantly, all his ideology and vision have been proven wrong, wrong, wrong all these 8 years and even before...

Meanwhile, Obama displayed great self-control, self-reserve and statesmanship. Displayed enormous hidden power with his calm behavior. We, Hillary supporters, were so reckless in 'attacking' him so much and finding 'perceived' weaknesses in him... He has got none. This is a man with great power and decency. First and foremost, he has got the answer for all troublesome questions besieging this country... Will people be able to set aside their racial prejudices and judge him by the content of his character, and not by the color of his skin? Can America stand by its liberal principles and give a chance to this man who deserves it all? That is the question.

Do you love your country? Set aside your fears, open your eyes, and see the reality... We cannot afford repeating the mistakes of the past! Simply cannot! 'No way, no how, no McCain!'

Time for change...

When you go to the polls this November, think not about yourself, but about all those others that your decision may affect today and tomorrow... Look at those at the bottom of the economic ladder and whose livelihood has sunk to the lowest. The vast numbers of the poor and homeless, destitute and desolate, those who have become beggars and are surviving on the margins... Forgotten and unheard of... Invisible and oppressed. Disadvantaged and in misery...

It reminds me of the Great Depression era. In his wonderful book that encapsulated that era, "Grapes of Wrath" John Steinbeck wrote:

In the souls of the people the grapes of wrath are filling and growing heavy, growing heavy for the vintage.
Chapter 25

How can you frighten a man whose hunger is not only in his own cramped stomach but in the wretched bellies of his children? You can't scare him--he has known a fear beyond every other. Chapter 19

And the great owners, who must lose their land in an upheaval, the great owners with access to history, with eyes to read history and to know the great fact: when property accumulates in too few hands it is taken away. And that companion fact: when a majority of the people are hungry and cold they will take by force what they need. And the little screaming fact that sounds through all history: repression works only to strengthen and knit the repressed.
Chapter 19

They's a time of change, an' when that comes, dyin' is a piece of all dyin', and bearin' is a piece of all bearin', an' bearin' an' dyin' is two pieces of the same thing. An' then things ain't so lonely anymore. An' then a hurt don't hurt so bad. Chapter 18

Time for change?!

Why you and I should vote for Barack Obama!

I am a loyal Hillary supporter and I am still in great sorrow that she did not get the nomination she deserved the most! The race was all about dice-rolling, hair-splitting (and a great degree of sexism), and Obama got lucky... I have been angry and critical of him trying to support Hillary in the heated race... But now looking forward, we have to-- absolutely have to-- vote for Barack Obama! Why?

He does not have whole lot of experience, but he has what many American Presidents did not have: intelligence, great power to inspire, energy, optimism, ability to dream big... Most of all, he has the rare ability to think 'new', defy settled conventions, and take a whole fresh look at things... That is what I like in him the most... Most of the time, success depends not on gray hair or experience, but on vision and ideology... He does have the ideals, the vision and power, power to implement it... In specific policies, his entire platform is 'centrist.' In his quest to unify this divided country he has come to the 'vital center' (like Bill Clinton) and has tapped into the feelings of most Americans, liberal or conservative, Republican or Democrat... I have seen stickers on cars 'Republicans for Obama'-- that is a wonderful sign... In foreign policy, he will be the smartest President we have not seen for a long time. The very fact that he was against the war in Iraq tells me how smart he is and how well he can assess the interests of our country... Is use of force always in the interests of this country?! I think, by now most should know the answer... The anti-Americanism is at its highest in the world... This is exactly the type of a President we need...

While I respect John McCain and do not really want to attack him like many Democrats, he has got the experience, but no vision in how to take our country out of the present crisis! He also does not have the right way of thinking and settles for the conventional ways... It is time for us to look forward and approach new horizons with someone like Obama and not to look back, feel sorry for ourselves and settle for little-- with John McCain...

Vote for Barack Obama! We would be fortunate to have him as our leader for the next 8 years...

"The only thing we have to fear is fear itself"

On this day, March 4, 1933 Franklin Delano Roosevelt was inaugurated as President. In his platform he had promised a 'new deal for the American people' and pledged to help the 'little guy' in the streets. The time had come to give relief to the "forgotten man at the bottom of the economic pyramid" and stop bailing out "the large banks and corporations." (A. James Reichley, 'The Life of the Parties'). During the first 'hundred days' of his Presidency Roosevelt proposed and Congress enacted the first measures that would lay a foundation of the New Liberalism, the so-called New Deal. These included restructuring of the national banking system, authorizing federal subsidies to agriculture, regulation of the securities industry, authorization of a big public power and conservation project, establishment of the National Recovery Administration.

The right-wing criticism was fierce. One of his opponents said, "I will take off my coat and fight to the end against any candidate who persists in any demagogic appeal to the masses of the working people of this country to destroy themselves by setting the class against class and rich against poor!" The socialist flame engulfing Europe brought a lot of concerns to the Americans and seeded many doubts in their minds about whether capitalism was working. While Roosevelt was attacked as a 'socialist', it was not a valid criticism. It was precisely thanks to Roosevelt that the free market system survived in the United States. But the New Deal was focused on regulating the free market and interjecting the government between the working people and big business to build the middle-class and restore the equilibrium.

Roosevelt was the torch-bearer of the new liberal philosophy that today makes up the Democratic Party. Both Obama and Hillary have been loyal to these principles. But I hope that the American people will see the real power of Hillary Clinton to bring about the change that America needs so desperately! Vote for Hillary Rodham Clinton for President!

Race, gender, etc.

We have seen how the race between Hillary and Obama has aroused major debates over race and gender (of course, a debate that never really ends in America). But I have got a major problem with what is happening and the way people approach these issues. First, for the record, if Hillary was not qualified, I would not vote for her just because she is a woman. I seriously believe that she is the most qualified out of all the candidates to get this job (although I have to be careful here and clarify that ultimately if Obama wins the nomination, I will 'endorse' him with both hands). I respect Hillary more because she is not using the 'gender' card as much as Obama is using the 'race' card. At the rally where I was, she was asked the question about whether she feels the pressure being the first 'woman' candidate for President. She spent literally two minutes on the issue and ended with a quick note that she is not running for President because she is a woman, but because she is qualified. I think, Obama on the other hand, is spending more time on race, which may seem a bit self-serving. On the other hand, given the deplorable situation with the civil rights in this country, this issue must be raised somehow.

Second, I think people look at race and gender formalistically. I think disadvantage is a substantive, qualitative issue and should never be viewed from a formalistic, categorical perspective. I always ask people, who is more disadvantaged-- a rich black woman or a white male who is homeless in the street? A white female who is an immigrant, learning to speak English, and has to overcome a host of barriers, or a black female who was born and raised in the US in a middle-class family?

Do I believe that there is still discrimination against blacks in this country? Oh yes. Just check the numbers of blacks holding white-collar jobs. Do I believe that there is still discrimination against women and other minorities in this country? Oh yes. But I still also believe that discrimination and disadvantage need substantive evaluation. That is why, I have some problems with Affirmative Action. Although I still do think, there should be some degree of it, quotas are ridiculous. I think that people should work hard to earn everything and should not use their class, race, gender or religion, or ethnicity to get ahead.

I can give you my example. My family moved to this country in 1996, when by the way Clinton was getting reelected. From the day I set my foot on this ground, I faced and had to fight many, many challenges. I was blessed because I have a supportive family. I was also blessed to have met some wonderful people, most of whom were my professors, who encouraged, supported, inspired me. I owe to these people for the rest of my life. But I worked hard, triple times more than most people of my age, and never asked for things that I thought I did not earn yet. I deprived myself of little pleasures of this life and sacrificed at every step of it. It took me a lot of nerve and patience. When I made mistakes, I was hard on myself and committed to never making them again. Even today, I have to be patient with those people who assume that just because I speak with an accent, my English is perhaps not good enough.

While I have compassion for those who do not put this much effort into it or those who are less lucky, who have less supportive families, I still think that people who are lazy do not deserve to stand up and shout that they are being discriminated on some basis or that they were disadvantaged. There is opportunity in America for virtually everyone if you only work hard to earn it.

Here is the problem though that we have in America. We have kids born in poor ghettos in uneducated families, with little or no choice of lifestyle. They end up joining gangs and turning into career criminals or simply into adults with no education, rendered into irremediable poverty. Regardless of race, gender or ethnicity, these kids are simply a group that we need to worry about the most and help. That is the job of the government which can create a strong social network that will guide these kids from K-12 onto the right path into a normal life. And the government today has basically failed on all counts of this mission. Why?!

Neither Hillary nor Obama have been personally disadvantaged in any way in their lives. But the whole question is who do you identify yourself with the most. Most women will identify with her, while most African-Americans will identify with Obama. Guess what, most white males will identify with John Edwards or John McCain. (This said in very general brush strokes, because we all have multiple identities that are very situational and influenced by many other variables. Also, keep in mind that sophisticated and informed voters may not vote for those they identify with the most. They vote not on their hearts, but on their minds).