(VIDEO) Reflections on Maddow’s “The Assassination of Doctor Tiller”

Jodi Jacobson

Rachel Maddow's documentary on the assassination of Dr. George Tiller was ground-breaking, but to me also a bit disappointing. What were your reactions?

Last night at 9 pm Eastern Time, I sat where I believe the majority of pro-choice advocates who did not have other non-negotiable obligations sat (albeit in several different time zones): in front of the television watching Rachel Maddow’s documentary on the assassination of Dr. George Tiller.

It was a ground-breaking moment on many levels, and I am deeply grateful that we have a Rachel Maddow in our midst. The documentary told the story of Dr. Tiller’s assassination in full detail, and let the contradictions and lunacies of Scott Roeder and his supporters speak for themselves. 

But, being honest, I also found myself disappointed at the end.  So I wanted to share my thoughts on my dual reactions to the piece in the hopes of generating feedback and discussion here about yours.

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First, I repeat, I am deeply grateful for Rachel Maddow, and not just for the Tiller documentary.  She provides, every day, a public service offered by few in the media today.  She holds people accountable. More specifically, she holds people in power accountable.  On both sides of the debate.  It is true, she is affiliated with progressive politics because she herself is, clearly, progressive in her support for equity, human rights, fairness and accountability.  But I admire her as much for taking on the Obama Administration on its profoundly disappointing and avoidable failures as I do her taking on the excuse for a political party that the Tea Party and Republicans have become.

And, I am in fact deeply grateful for her persistent coverage of abortion issues this past year, in no small part because virtually the entire media establishment–left, right, and ostensibly objective–either fails to cover the issue in all its complexities, or simply adopts the rhetoric and philosophical fallacies of the so-called “pro-life” movement, or just plain gets this issue profoundly wrong.  Every day.

Having Rachel cover it regularly, and with the respect and perseverance it deserves, is crucial.  It is unprecedented.  And responsible journalists–including her male colleagues on MSNBC, by the way–should emulate her.

Moreover, while I realize that much of the documentary was “old news” to me in that it didn’t reveal much that was not already known, I remind myself that I am part of a team and a wider community immersed daily in these issues, reporting on them and worrying over them.  And while I am not in this position directly, many of my colleagues are, like Dr. Tiller, daily being subject to harassment and threats for living out their values and for providing women with legal medical services. Providing these perspectives, and the facts and information about the case in their entirety to a national audience was a crucial step in building a foundation of understanding about how tyrannical the anti-choice movement is, and it was in realizing the danger of being exposed like this that the anti-choicers were up in arms about the documentary even before it aired.

Most normal people are not as immersed in this issue 24-7 as I am and others with whom I work, so I realize that the documentary served an educational purpose for a much wider audience than is normally reached.

There are, therefore, lots of reasons it was and is profoundly important to have this documentary.

On the other hand, for me, the documentary fell short in doing any real investigative journalism.  It told a story of the murder of Dr. Tiller.  It did not take that story much further.  It did not, for example, really examine financial, political or other links between groups such as Operation Rescue, which is crazy enough, with groups such as Army of God, or with the shenanigans of a Jill Stanek posting pictures on her website of the locations of clinics and the home addresses of physicians…as a public service of course.

The documentary did not delve very deeply into why earlier reports to authorities including the FBI of Roeder’s activities and those of other violent anti-choicers were not followed up.  It did not tie together in this specific documentary the earlier information provided on the Maddow show of “wanted posters” being circulated now, as we speak, in other states by anti-choicers targeting doctors in much the same way Dr. Tiller was targeted before he was killed in cold blood in his church.  It did not explore the failures before the murder of the government (including but not limited to the Obama Administration) to enforce the FACE Act, or the lame response by the Administration or Congress to Dr. Tiller’s murder. And it did not draw the links effectively to what is now underway in the political sphere with regard to extremist views held by members of the Tea Party and by Republicans running for office on the issue of whether a woman can choose whether, when, and with whom to have a child.  Or whether a woman has to carry to term a pregnancy resulting from rape or incest.

In the end, I did not feel it adequately challenged the “lone wolf” theory and put the issue of murdering doctors in the context it belongs.  The Taliban murders doctors, the anti-choice movement in the U.S. murders doctors…these threads need to be connected.

In saying all of this, I in no way mean to diminish my deep admiration for Rachel Maddow, her show, or the fact that she is one bright light on what often seems like an ocean of television media mediocrity.  She is smart, brave, honest, and hard-hitting.  She is a national treasure.  I just wish we could honor Dr. Tiller more completely by putting the pieces together in a more profoundly meaningful way.

I would love to hear your thoughts.


Analysis Law and Policy

California Bill Aimed at Anti-Choice Videos Draws Free Speech Concerns

Amy Littlefield

“We wanted to make sure that we updated ... laws to kind of reflect a changing world and to make sure that we actually protect the doctors who provide these important services to women,” California Assemblymember Jimmy Gomez said, adding that his legislation would also protect patient safety and access to abortion.

A California bill that would make it a crime to distribute secret recordings of health-care providers—like the ones David Daleiden used in his smear campaign against Planned Parenthood—has cleared a legislative hurdle, but faces opposition from media groups and civil liberties advocates, who say the legislation is overly broad.

It is already illegal in California to record, whether in audio or video form, a confidential communication without the consent of all parties involved. But California Assemblymember Jimmy Gomez, who introduced AB 1671, told Rewire that while current law specifically forbids the distribution of illegally recorded telephone calls, there is no similar protection for videos.

“We wanted to make sure that we updated those laws to kind of reflect a changing world and to make sure that we actually protect the doctors who provide these important services to women,” Gomez said, adding that his legislation would also protect patient safety and access to abortion.

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AB 1671 makes it a crime if someone who violates California’s existing law against secret recordings “intentionally discloses or distributes, in any manner, in any forum, including, but not limited to, Internet [websites] and social media, or for any purpose, the contents of a confidential communication with a health care provider that is obtained by that person.”

Violators could be jailed for up to a year and fined up to $2,500, penalties similar to those already in place for making illegal recordings. But the new measure specifies that for both recording and distribution, the fines apply to each violation; that means someone like Daleiden, who circulated his videos widely, could quickly rack up heavy fines. Repeat offenders could face fines of up to $10,000 per violation.

The effort to pass the bill comes as abortion providers face a rising tide of threats and secret recordings. Besides Daleiden’s efforts, covertly recorded footage of clinic staff has cropped up in the documentary HUSH and in videos released by the anti-choice group Live Action. Planned Parenthood reported a ninefold increase in harassment at its health centers in July last year, when Daleiden began releasing the deceptively edited videos he claimed showed the organization was illegally profiting from fetal tissue donation. (Multiple federal and state investigations have found no wrongdoing by Planned Parenthood.) The National Abortion Federation recorded an “unprecedented” spike in hate speech and threats against abortion providers last year, peaking with the fatal shooting of three people at a Colorado Springs Planned Parenthood.

Increased Threats

“It was so alarming and so extensive that our staff that normally tracks threats and violence against providers could not keep up,” NAF President and CEO Vicki Saporta told Rewire. The organization was forced to hire an outside security firm.

Beth Parker, chief legal counsel for Planned Parenthood Affiliates of California, told Rewire the new legislation is needed to protect the safety of abortion providers.

“If our providers aren’t safe, then they won’t provide, and we won’t have access to reproductive health care,” Parker said in a phone interview.

Daleiden’s group, the Center for Medical Progress, is based in California, and much of his covert recording took place there. Of the four lawsuits he and his group face over the recordings, three have been filed in federal court in California. Yet so far, the only criminal charges against Daleiden have been lodged in Texas, where a grand jury tasked with investigating Planned Parenthood instead indicted Daleiden and fellow anti-choice activist Sandra Merritt for purportedly using fake California driver’s licenses as part of their covert operation. The charges were later dropped for procedural reasons.

Last summer, California Attorney General Kamala Harris announced plans to review whether the Center for Medical Progress violated any laws, and in April, state investigators raided Daleiden’s apartment. Harris has not yet announced any charges. Daleiden has accused officials of seizing privileged information, a claim the attorney general’s office told Rewire it is working on resolving in court.

Harris, meanwhile is running for Senate; her campaign website describes her as “a champion for a woman’s right to choose.”

“We think there is an excellent case and the attorney general should have prosecuted,” Beth Parker of Planned Parenthood Affiliates of California told Rewire. “Daleiden did more than just publish the videos, as we know, I mean he falsified driver’s licenses, he falsified credit cards, he set up a fake company. I mean, we have, as you know, a major civil litigation against him and his conspirators. I just can’t answer to why the attorney general hasn’t prosecuted.”

Parker said AB 1671 could increase incentives for law enforcement to prosecute such cases.

“What we’ve heard as we’ve been working [on] the bill is that criminal law enforcement almost never prosecutes for the violation of illegal recording,” Parker said. “It’s just too small a crime in their view.”

Assemblymember Gomez also said he hopes his bill will facilitate the prosecution of people like Daleiden, and serve as a deterrent against people who want to use illegal recordings to “undermine the fact that people have this right to have control over their bodies.”

“That’s the hope, is that it actually does change that landscape, that DAs will be able to make a better case against individuals who illegally record and distribute,” Gomez said.

Vicki Saporta of the National Abortion Federation says the actions of law enforcement matter when it comes to the safety of abortion providers.

“There’s certainly a correlation between law enforcement’s response to criminal activity aimed at abortion providers and the escalation or de-escalation of that activity,” Saporta said, citing the federal government’s response to the murders of abortion providers in the 1990s, which included the deployment of federal marshals to guard providers and the formation of a task force by then-Attorney General Janet Reno. “We had more than a decade of decreases in extreme violence aimed at abortion providers, and that ended in 2009 with the murder of Dr. [George] Tiller.”

But media and civil liberties groups, including the Electronic Frontier Foundation and American Civil Liberties Union of California, have expressed concerns the bill could sweep up journalists and whistleblowers.

“The passing of this law is meant to chill speech, right, so that’s what they want to do,” Nikki Moore, legal counsel of the California Newspaper Publishers Association, which opposes the legislation, said in an interview with Rewire. In addition to potential criminal penalties, the measure would create new civil liabilities that Moore says could make journalists hesitant to publish sensitive information.  

“A news organization is going to look at it and say, ‘Are we going to get sued for this? Well, there’s a potential, so we probably shouldn’t distribute it,’” Moore said.

As an example of the kind of journalism that could be affected by the bill, Moore cited a Los Angeles Times investigation that analyzed and helped debunk Daleiden’s footage.

“Planned Parenthood’s bill would criminalize that behavior, so it’s short-sighted of them if nothing else,” Moore said.

Assemblymember Gomez disagrees about the scope of the bill. “We have tailored it narrowly to basically say it applies to the person who illegally recorded the video and also is distributing that video, so it doesn’t apply to, say, a news agency that actually ends up getting the video,” he said.

Late last week, the California Senate Appropriations Committee released AB 1671 to the state senate floor on a vote of 5 to 2, with Republicans opposing it. The latest version has been amended to remove language that implicated “a person who aids and abets” the distribution of secret recordings, wording civil liberties groups said could be used to sweep in journalists and lawyers. The latest draft also makes an exception for recordings provided solely to law enforcement for investigations.

But the ACLU of California and the California Newspaper Publishers Association said they still oppose the bill. (The Electronic Frontier Foundation said it is still reviewing the changes.)

“The likelihood of a news organization being charged for aiding and abetting is certainly reduced” under the new language, Moore said. But provisions already exist in the California penal code to implicate those accused of aiding and abetting criminal behavior.

“You can imagine scenarios where perhaps the newspaper published it and it’s an anonymous source, and so now they’re aiding and abetting the distribution, and they’re the only person that the prosecutor knows might have been involved,” Moore says.

In letter of opposition sent in June to Assemblymember Gomez, Kevin Baker, legislative director of the ACLU of California, raised concerns about how the measure singles out the communications of health-care providers.

“The same rationale for punishing communications of some preferred professions/industries could as easily be applied to other communications —e.g., by law enforcement, animal testing labs, gun makers, lethal injection drug producers, the petroleum industry, religious sects,” Baker wrote.

Gomez said there could be further changes to the bill as talks aimed at resolving such opposition continue. An earlier version passed the assembly easily by a vote of 52 to 26. The latest draft faces an August 31 deadline to pass the senate and a concurrence vote in the assembly before the end of the session. After that, Gomez said he hopes California Gov. Jerry Brown (D) will sign it.

“If we can strike the right balance [between the rights of privacy and free speech], my hope is that it’s hard for him not to support it,” Gomez said. 

Commentary Violence

The Orlando Massacre Response Must Not Obliterate the Realities of LGBTQ People of Color

Katherine Cross

Even in the wake of violent death, the reality of our community is erased. Omar Mateen's actual motives, the lives and very names of the dead, and the realities of gay, queer, and trans people of color who yet live are obliterated under a bigoted yearning for more brutality.

The thumbnail image of a news piece posted on my Facebook timeline was just a Puerto Rican flag. As soon as I saw it, I knew what the headline would be: “Over half of the dead in Orlando were Puerto Rican.” Upon seeing what I was looking at, my partner wordlessly swaddled me in one of her best hugs, the kind that could keep the whole world at bay, breaking upon her strong back like a tide. Though Latinxs are often stereotyped as uniquely patriarchal, we nurse large and thriving queer communities in the tenement houses, projects, and barrios of this nation, in the shadows of broader stereotypes about who LGBTQ people are and what we look like.

Until I came out, I never knew that my old aunt Iris had several trans woman friends who often came to her home to drink, laugh, and smoke. Her acceptance of me was mirrored by much of my wider family, the same people who might seem gauche to middle-class whites who imagine themselves so much more tolerant and might pity me for my ancestry. When I think about the fact that it was precisely Latinx LGBTQ people—those often hidden by the mainstream—who fell to Omar Mateen’s bullets, numbness takes hold. Its grip tightens when I see that even in the wake of violent death, the reality of our community is erased, save for a few comprehensive news reports sprinkled amidst the unending grind of rolling news’ speculations and non-updates.

What leaves me without breath is when that erasure is the first part of a larger gesture that asks us to lay this crime at the feet of the whole of Islam and anyone who might be thought to belong to it. In the wake of this demand, Mateen’s actual motives, the lives and very names of the dead, and the realities of gay, queer, and trans people of color who yet live are obliterated under a bigoted yearning for more brutality.

This tragedy joins many others that have taken place over the last decades. What these crimes all share is less a religious motive than a hateful, fearful one, which manifests in the profound violation of open, welcoming spaces that model a pluralistic society.

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How these acts of mass violence are framed says a lot. I needn’t cite any examples of Omar Mateen being called a terrorist; the word has become like the air we now breathe, inescapable in its consensus usage. From random tweets to the words of powerful leaders and writers, Orlando has become an act of “terrorism” by dint of the shooter’s name alone, in the midst of a discourse where the appellation “terror” is only applied to the political violence of self-professed Islamists.

But what is terrorism if not politically motivated violence? Why, then, is Thomas Mair, who was arrested for the murder of Labour Member of Parliament Jo Cox just last week, already being painted as a “loner,” with the word “terrorism” conspicuous by its absence? The lips of the British elite seem unable to pronounce it, suddenly. Eyewitnesses suggest the handgun Mair allegedly wielded looked homemade—a craft he might have learned from a handbook he purchased from the neo-Nazi National Alliance, of which he was a longtime supporter.

In Mateen’s case, meanwhile, much has been made of his claim to support Daesh in his final phone call during the attack. Though details of the case continue to emerge, a more thorough look at his history suggests a more mundane explanation for this: Like so many of the shooters in these types of crimes, he seems to have sought to puff himself up and make himself appear more frightening, if only for the sake of his ego. Indeed, some investigators now suggest that he made his widely discussed Daesh pledges simply to ensure more media coverage, a strategy that some in the press have rewarded by posthumously crowning him a “jihadi.” His past flirtations with expressing meaningless support for Hezbollah and al-Qaeda would tell anyone well acquainted with foreign affairs just how confused this man was; those two organizations and Daesh are all enemies motivated by different types of extremism.

If we are to take the concern trolls at their word and have a “serious conversation” about Islam in the wake of this massacre, then we should critically examine how knowledgeable and pious Mateen actually appeared to be.

Mateen committed his killing during the holy month of Ramadan, a time when observant Muslims typically refrain from even uttering swear words, much less killing; there is no evidence he was fasting in observance of Ramadan, either; Pulse patrons say Mateen was a drunkard who became belligerent and had to be ejected more than once, but alcohol is forbidden to practicing Muslims.

Just as I felt my Latinx queer community rendered invisible in the wake of its own tragedy, so too do I empathize with the many queer and LGBT Muslims who feel the same way—their sexuality, their genders, their piety washed away by the caricature of Mateen that has emerged in recent days.

Mateen’s motivations seem to have been, based on available evidence, garden-variety self-loathing and prejudice inflected by violent, masculine, and homophobic demands placed upon him. A former colleague described Mateen as making so many racist and homophobic remarks that he complained to his superiors about the matter—who promptly did absolutely nothing.

Perhaps Mateen felt hatred and envy for those who appeared to live without the internal conflicts he had; perhaps his own noted racism against other people of color played into his choice of target. What seems clear, from his time in a police academy, to his love of NYPD shirts, to the fact that his job at the time of the shooting was working as an armed security guard for G4S, is that Mateen sought to affiliate himself with entities that often demonstrate strength and inspire fear, as a way of making up for his own inadequacies and quashing any self-loathing over his sexuality. His pledge to Daesh in his final moments appears to have been, then, less a statement of religious belief than his final way of pathetically latching himself onto another gaggle of armed strongmen in an attempt to make himself seem more frightening, more manly. His boast about having known the Boston Marathon bombers, which the FBI later found to be empty, can be understood in the same way.

All the same, the portrait of Mateen as a pathetic wannabe-badass-cum-possible-closet-case should not individuate his crime. He was born and raised in the same United States that brings the homophobia and transphobia of many violent men to a boil. None of the people who have literally threatened gun violence against trans women using washrooms this year were Muslim (many were ostentatiously Christian, as it happens). This is, after all, the year of North Carolina’s HB 2; that is part of the context in which this mass killing must be understood, in which this murder has now become a one-word threat issued by plenty of non-Muslim homophobes. Take, for example, this man in New York who, upon being kicked out of a gay club promised “I’m going to come back Orlando-style!” The cultural issue here is not Islam as a faith, but men who feel that any slight must be avenged by mass violence.

Yet beyond this, we must return to the streets of Britain, where makeshift memorials for Jo Cox are blossoming as I write this. She was killed as she was leaving her constituency surgery—a kind of public, face-to-face meeting with the people she represents that is both a requirement and tradition of MPs in the UK. All and sundry could come to her and discuss their views, grievances, and problems. Such events are free and open to the public, lightly guarded, and easily accessible by design.

They appear to be the polite, respectable mirror image of a gay club’s beats and grinds, but both sites speak to something about our aspirations as a liberal democratic society: pluralism and openness. Much has been written about gay bars and clubs as shelters from a hateful world; they are our little utopias amidst the chaos of our times, a brief flash of what we would like to see and feel everywhere: safe, accepted, in community, loved as ourselves. The constituency surgery, meanwhile, is an attempt at correcting the signature failing of representative democracy, providing a forum for people to speak directly to their elected officials and influence their government.

Each in its way is an innovation athwart darker times and darker impulses, a way of building community through trust and openness. This, too, was at the heart of Mother Emanuel in Charleston, South Carolina, and the prayer meeting that welcomed in a young and listless white stranger a year ago this month; the people Dylann Roof killed had accepted him into their spiritual home for prayer and healing, had placed their trust in a stranger, and invited him to join them, unguarded and without fear.

All three places—the surgery, the church, and the gay nightclub—were paragons of openness and trust, open to all who observed only a most basic compact of decency and tolerance. All three were shattered by the overflowing hatred of men who needed to write their will in someone else’s blood.

It is actually true that our democratic societies face a mortal threat, but it does not come from Islam. It overwhelmingly comes from within: the unchecked entitlement and easily stoked rage of rudderless men who keep being told that women, people of color, and queers are taking something away from them that they need to violently reclaim. They believe they are entitled to a birthright that immigrants and refugees, LGBTQ people and religious minorities, are pilfering from them.

We should open society further in response. For instance, we can do that by eliminating these divisive and prejudicial bathroom bills and allowing LGBTQ people to fully participate in society by protecting them from discrimination in all areas. Or, for that matter, increasing support for victims of domestic violence while identifying and rehabilitating abusers before they do worse might also go a long way toward preventing this from happening again.

The open and pluralistic society that many of us dream of is under threat from men with guns who feel that violence is the only way to solve their problems, making a public tragedy of their internal traumas. If we allow our focus to drift to Islam, we shall only hasten that demise: a dramatically upscaled version of the bigot’s extroverted suicide that must claim the lives of innocents even as we destroy our own.

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