Easy rentals, Days Out and my big burrito

By Joel Thurtell

[donation]
Memo to self: Never, never go with the lowest bidder.

Giant burrito & me. Adam Thurtell photo.

Giant burrito & me. Adam Thurtell photo.

Unless the company has a name you can trust.

In the case of my rental car company in Los Angeles, I’d never heard of them. But hey, they had the cheapest daily rates on cars. Never heard of them? Didn’t faze me.

Neither did their booking calendar. It wouldn’t move off 10 a.m. I reasoned that the rentals were figured from 10 a.m. on pick up day to 10 a.m. on drop off day. Wrong. Dumbie me!

EZ didn’t have their own shuttle from LAX airport to their rental office. They piggyback on the Sheraton Hotel shuttle. So what? I reasoned that calling for a ride was no worse than standing around gawking at all the shuttles that go by. Give me something to do.

Reality set in when I found my luggage. It was noon. I called the car agency. “Mr. Joel?”

That’s me.

“We canceled you. You were supposed to be here at ten.”

You did what? Turned out that malfunctioning web signup page did me in.

For Christ sake, now what? Was this a harbinger of the visit? Bad luck all the way? Little did I know I’d get up close to the LA mayor and be served the biggest burrito I’ve ever seen, let alone eaten. I kid you not, this thing could pass muster with the NFL. A little mushy on hiking and passes, but the tastiest football I’ve ever had. More on my burrito at the Vera Cruz restaurant in Pico Rivera later.

Because I’m getting ahead.

“But we have more cars,” the EZ guy said.

Big relief.

“Take the Sheraton shuttle, walk a block west and you’ll see our office.”

I did as told, walked a block behind the Sheraton. Where’s the rental office?

Oh my God, it’s in a trailer!

That wasn’t the worst. What the guy forgot to tell me was that sure, they had carrs to rent. But no more small cars. Somehow he remembered when I was in front of him, having wasted a shuttle trip from the airport.

All they had were Dodge Grand Caravans at $20 a day more. Five days, a hundred smackers. Forget it, I said. Decisively. Irrevocably. I didn’t swear, though the words came to mind.

I walked out, found the shuttle driver, thankful I’d tipped him, and he tipped me — don’t go back to the airport, he said. Walk down to the Budget rental car office a block away.

A long block away. A good quarter mile. With a line of wannabe customers nearly a half mile long. And me without a confirmation number. What to do? Go back to EZ and eat crow? After my huffy departure, go back and grovel?

The Grand Caravan turned out to be a godsend. On Sunday, my son Adam, his girl friend Alysha and daughter with friend and a cousin, 3-year-old Tony, fitted into the Caravan very nicely.

So — I had a car. Followed Adam’s directions onto the 105 and 605 and Whittier Boulevard and on to his house. He guided me to the Days Inn with help from GPS and his iPhone. I rang the bell at Days Inn counter. Clerk looks up my name. Finds it not.

I had a confirmation number. Too bad. No reservation. Want a more expensive room for smokers?

What is going on here?

Welcome to California!

No, I don’t want a more expensive stunk-up smoking room. Negatative and negatory.

I walked out in a huff.

Conferred with Adam. No other hotels except the Whittier Radisson, a lot more expensive.

What, eat crow a second time? Where is dignity?

The smoking room had a jacuzzi. Not that I used it. It was also the shower. I used that. It leaked. A big part of the floor of that room — with its carpet — was soaked. No socks near the jacuzzi or I’d be wringing them out by hand. Minor, though. And on Saturday, they switched me into a cheaper room. Really, I hardly spent any time there. I was at Adam’s place from breakfast till nearly midnight.

Hey, it all worked out. Next time, I’ll just rent a Grand Caravan to begin with, so there’ll be room for everybody.

And I’ll book the Radisson instead of the Days Out.

Coming up: Torpedoes, tar pits, books on the cheap and, oh yes, more about that huge burrito.

Contact me at joelthurtell(at)gmail.com

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Message from the Messenger: You’re fired!

By Joel Thurtell

Guess they showed me who’s boss.

The door did not slam behind me — I got the news at home, by phone.

After three months of writing for a liberal blog, I’m out.

Liberal or conservative, it doesn’t matter: The bum’s rush is the bum’s rush.

Canned.

Sacked.

Dumped.

Nobody likes being fired. Except, well, actually, this separation came, frankly, as a relief.

It boiled down to a choice for me: Did I want to blog MY way, or did I want to follow the dictates of faceless managers in Washington, D.C.?

Did I want to write columns about secret court file rooms, slanted New York Times reports, abuses in the offices of a congressman, hypocrisy at the Detroit Free Press, giant burritos (that one’s on deck), huntin fer Osamy in the hills of Californee, or fictitious dissidents in my own fake newsroom? Those are, you know, the sometimes whimsical, often quite serious topics I’ve been dishing up to readers of joelontheroad.com.

Or did I want to do what some Michigan Messenger bosses in D.C. decided was more important for Michigan readers? That turns out to be covering local elections just like the mainstream, chain-owned newspapers.

I said no to gumshoeing elections. The Messenger said no to me.

Fair enough.

I can no longer brag that I get paid to blog.

But really, at 63 years of age, having worked 30 years as a newspaper reporter covering nearly every possible beat including way too many elections, why would I want to go back to writing inside political baseball if I have a chance to write what pleases me?

And thanks to the Blogosphere, I can do just that.

It’s called joelontheroad.com.

True, my website doesn’t have the reach of the Michigan Messenger. But there are signs my readership is growing. As I reach more readers — you — so my sense of responsibility to them — to you — grows, too. They — you — must be tuning me in for a reason. Maybe it’s because I offer a different, independent approach to current events. If that’s the case, then I’d betray you if I seeded my site with stories inspired by unknown people in D.C.

You see, the Michigan Messenger is the creature of the Center for Independent Media. CIM is a private, nonprofit organization aimed, as I understand it, at providing an alternative to news from chain-owned newspapers, which pretty much describes most papers in Michigan.

On the other hand, if you have people in Washington deciding what people in Michigan can read, what’s the difference between CIM and say, Gannett, or Newhouse? Want story quotas? CIM has them. It’s more blatant than at Gannett. Want to work long hours for no commensurate pay? CIM has it, while Gannett pays OT. After all, in Detroit, there’s a Newspaper Guild contract. Want to cover away-from-home events with no compensation for miles driven or other business expenses? Gannett is pretty stingy, but CIM pays zilch.

Welcome to the Blogosphere!

When I think about the Center for Independent Media, I recall how Voltaire described another colonial regime: “Neither holy, Roman, nor an empire.”

Well, I guess there is a “center” somewhere in Washington, but the “independence” belongs to the managers.

There are some very fine people working for the Messenger. I learned from a couple of MM people about blogging. The copy editors are superb. There are too many managing editors, though, micro-managing like hell, and the publication’s aim is hard to fathom.

So adios, Michigan Messenger.

At least you showed me who’s boss.

That would be me.

Drop me a line at joelthurtell(at)gmail.com

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Stifling Free Press Conyers coverage

By Joel Thurtell

[donation]

U.S. Rep. John Conyers Jr.

U.S. Rep. John Conyers Jr.

On Nov. 21, 2003, The Detroit Free Press ran the first of what I believed would be a steady series of exposes of U.S. Rep. John Conyers Jr.’s abuse of congressional aides to further his own and his pals’ — including his wife’s — political campaigns, do personal chores, even pay his restaurant and gas bills, all of which are banned by law or House ethics rules.

All of my Free Press Conyers stories now appear under the category “Conyers Series” here on joelontheroad.com

The two Nov. 21, 2003 stories prompted the House Ethics Committee to begin investigating Conyers. The probe began right after our stories broke. As soon as it happened, I was fully aware of the inquiry and I told Free Press editors. I had copies of statements witnesses — Conyers’s staffers — sent the Ethics Committee and comments from the staffers. There was a plethora of material for many stories, a la Kwamegate.

Why didn’t the Free Press run with it? I don’t really know. Here is the reason I was given: In the first two stories, we did not use the names of several of Conyers’ congressional aides. Why not? Congressional aides are at-will employees, meaning they are employed at the pleasure of the congressperson. He or she can fire them at any time for any reason or no reason. My sources were concerned they’d be fired for talking to me. So we didn’t use their names.

On Nov. 21, the day the first stories ran, I was supposed to finish writing a third story about Conyers’ possibly illegal and unethical use of staffers to tutor his kids and wife, do housekeeping, and babysit his kids. One staffer told me how she was a live-in babysitter at the Conyers house for six weeks while Conyers’s wife, Monica, was studying at an Oklahoma law school. But on Nov. 21, I was told by an editor that the babysitting story could hold. As it turned out, that story actually held until March 1, 2006. Then, it was broken not by the Free Press, but by The Hill, a Washington, D.C. publication. We’d had the story ready two and a half years and were beaten by a small specialty newspaper.

After the first two stories ran, I was told by an editor that there would be no more Conyers stories unless our unnamed sources allowed us to identify them. I sent my editor a memo pointing out that if we named our sources, they’d probably be fired, which would be too bad for them and for us, too, since they would no longer be inside sources.

The prohibition against continuing to use unnamed sources is the reason I was given for why my reporting was stopped after November, 2003. That’s why our story about the House Ethics Committee probe ran April 10, 2004, four months after our first stories, which had prompted the investigation.

We didn’t print that story first, either. The Detroit News had it on April 9. Imagine my frustration — I’d had the story ready for months, and we were beaten by our old rival, the News. For the April 10 story, which chased the News, the high standard of no unnamed sources suddenly was abandoned. It was clear that if I didn’t name my sources, I’d be able to use far more information than if I could only use what I got from a source I named.

So, I was allowed once again to quote insiders without naming them. The principle source for this story was Deanna Maher, now retired but then chief of staff of Conyers’ Downriver office in Southgate. Deanna later decided to go on the record.

But the bar was lowered only for this story. Thereafter, with only a couple exceptions, the ban on covering Conyers was complete.

Now I’m retired from the Free Press. I’m free to roam through my files, call my old sources and piece together stories that would have run, should have run, if the Free Press were as diligent about protecting the public interest as its lawyers have claimed in their pleadings for releasing more and more text messages in the Kwamegate scandal.

If you ask me why the Free Press suddenly dropped the ball, after voting me an in-house BOBS award with $50 cash prize for my work unearthing the Conyers story, I can only say I really don’t know.

Contact me at joelthurtell(at)gmail.com

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Kwamegate + Sludgegate = elitism, entitlement

By Joel Thurtell

A few minutes after six this morning, having brought the day’s issues of The Detroit Free Press and The New York Times in and while I measured coffee into the java machine, it occurred to me that readers of my columns might get the mistaken notion that I think Kwamegate — the scandal that followed the Free Press’ publication of electronic text messages between Detroit Mayor Kwame Kilpatrick and his erstwhile chief of staff, Christine Beatty — is of little consequence.

Just the opposite.

True, I’ve been critical of the way the Free Press has covered the story, after breaking it last January. But that doesn’t mean I think Kwamegate is small potatoes. In fact, I believe the attempts of some to identify it with Watergate — the petty crime in a Washington, D.C. office complex that led to a Constitutional crisis and forced Richard Nixon to resign the presidency in 1974 — demean the importance of the revelations about Detroit’s mayor.

Not only do I think Kwamegate is a big deal, but I believe the apparent corruption the Free Press revealed in the mayor’s office is connected to Detroit’s other scandal, the one I’ve dubbed Sludgegate because it involves an FBI investigation into allegations that four Detroit City Council members took bribes to vote in favor of a sewage sludge recycling plant.

But sorry to say, I think the Free Press is also complicit is some of this mess. What do I mean?

One of the prime suspects in Sludgegate is City Councilwoman Monica Conyers, wife of U.S. Rep. John Conyers Jr. Now, when I suggest all of this mess is connected, I need to give you a bit of background. Starting in late 2002, I began investigating reports of corruption by Congressman Conyers. You can read about the Conyers case on this blog under two categories, “Conyers Series” and “JC & Me.” The most important stories ran on Nov. 21, 2003. The main story outlined ways in which Conyers subverted his federally-paid congressional staffers to work on his cronies’ and his wife’s political campaigns while they were collecting paychecks cut by the U.S. House of Representatives Payroll Office. The second story reported how I tracked one of Conyers’ staffers to the campaign office of a presidential candidate in Chicago at a time when the staffer was being paid to organize a symposium on universal health insurance in Dearborn.

The stories got no traction in local and national media. Nonetheless, they sparked a House Ethics Committee investigation of Conyers. When the media finally awoke to the scandal in 2006 — three and a half years after we broke it — the coverage focused on Conyers assigning staffers to babysit his kids. The whole thing was trivialized.

Why do I think Kwamegate and Sludgegate are connected to Conyers? I believe each situation, from firing whistle-blower cops and then lying under oath about it and trying to suppress text messages that reveal the corruption, trading votes for dollars in City Council and suborning the proper role of a congressional office into an election patronage system are connected by a common thread.

That common thread is the delusional belief that elected government office is a pipeline to money and power. It is the misguided faith that government is meant to be scammed by elite members of society who manage to get themselves elected to government positions with the power to help themselves to the public treasury.

I’m talking about a sense of entitlement that propels its adherents to help themselves and their cronies to whatever goodies they can grab behind the cover of public trust.

Now, my concern about the journalists is that they too have succombed to the delusion that they are entitled to something. I’ve written about this before. I call it Pulitzer mania, the drive to win a coveted award that might shoehorn some journalists into better jobs and away from the financially faltering Free Press. All by itself, that manic drive can distort the way a story is reported.

But there may be something more than striving for laurels. It could be calculated self-interest. This is why I’ve focused on the question of how the Free Press acquired those scandalous text messages in the first place. The paper doesn’t write about that corner of the story. In court, its lawyers protected reporters — successfully — from the mayor’s lawyers’ attempts at forcing them to answer questions.

There is a sense of entitlement among journalists, too. This belief in an entitlement is also propelled by elitism. It is the belief that journalists are so different from ordinary mortals that they don’t have to obey the laws that govern the rest of us. They use the term “shield” to suggest that journalists, because they are somehow created more equal than the rest of us, do not have to obey subpoenas to testify in court.

Here’s how it works: If you, Joe Citizen, had some information that would enlighten testimony in a court case, you would be obliged to give that information under oath. What if you argued that your testimony would expose someone who gave you that information? Tough. You must talk. That’s the law. Talk, or go to jail.

But if you were a journalist, you would very likely invoke the “shield” argument. Some states actually have shield laws to prevent Journalists from giving up their sources. In the end, though, government lawyers can break down those shields. Otherwise, news media lawyers argue for a special standing for journalists, who, it is argued, are protecting Democracy when they refuse to reveal who leaked a story to them. I’m not convinced. Remember the case a few years ago of Judith Miller, a reporter for the Times, who was jailed because she refused to tell a prosecutor who leaked information to her? Turned out what she was protecting was her one-sided reportage of the runup to the Iraq war.

In recent years, Journalists have railed at courts for stripping them of their immunity, but in fact there never was an antidote to telling the truth as a witness.

And that brings us right back to the Free Press and its apparent discomfort at writing about how reporters got those text messages. That reticence makes me curious. Did the reporters promise their source or sources they’d preserve his/her/their anonymity even if the Journalists had to go to jail for contempt of court?

I doubt it. I remember years ago sitting in Room 100 of the old Free Press building with scores of other Free Press staffers and being lectured by a lawyer about the importance of never, NEVER making deals with sources that would obligate the paper legally.

In another essay, I’ll take up the issue of dealing with anonymous sources. It’s a chapter in a book I’m finishing: SHOESTRING REPORTER: HOW I GOT TO BE A BIG CITY REPORTER (WITHOUT GOING TO J SCHOOL) AND HOW YOU CAN DO IT TOO.

Right now it’s enough to say there’s enough sense of entitlement, enough elitism underlying problems in Detroit to outlast a hundred newspaper investigations. The malady permeates local government in myriad ways. How is it, for instance, that our institutions, including major newspapers, tolerate the Wayne County Circuit Court operating as if the world were normal while shutting our access to the court’s files, which the state’s Constitution, statutes and common law say must be open to the public?

Is there some kind of mental and moral decay in Wayne County that allows all of these travesties — perjury, bribery, abuse of office, cronyism, nepotism and gross disregard of public rights — to fluorish?

What if the Free Press had investigated John Conyers five years ago as aggressively as its team of sleuths now are going after Kwame? Isn’t it fascinating that the finger of justice is pointing now at Monica Conyers, a public figure who is the creation of her powerful congressman husband and his forced employment of publicy-paid staffers to run her pollitical campaigns that I dissected in my Nov. 21, 2003 story?

Two years ago, one of the Kwamegate sleuths, Jim Schaefer, and I were trying to investigate Monica Conyers. There was zero interest among editors.

If the Free Press had steadfastly pursued the Conyers story instead of stifling it, isn’t it possible that Kwamegate might not have happened? Isn’t it possible lthat coming at this Detroit mess, created by elitism and entitlement, that a probe of John Conyers would have leapfrogged to other Metro Detroit messes, including the one the mayor created. Maybe Monica’s reign would have been checked before her vote could be added to the other four making the majority that ushered in Sludgegate.

Yes, a timely newspaper investigation might have re-tailored the historical fabric into which Kwamegate, Sludgegate and … were woven.

Entitlement and elitism they stretch beyond government, beyond the newspapers. Hey, we could look at the Big Three automakers.

Don’t get me started.

Drop me a line at joelthurtell(at)gmail.com

Posted in Adventures on the Rouge, Bad government, Bloggery, censorship, JC & Me, Kwamegate, People | Tagged , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

“Irrelevant” reporters?

By Joel Thurtell

[donation]

Detroit Mayor Kwame Kilpatrick

Detroit Mayor Kwame Kilpatrick

Judges say the goofiest things.

If I were Detroit Free Press reporters, I’d be mad as hell.

Can you believe it? Wayne County Circuit Judge Robert Colombo Jr. said the paper’s ace reporters are irrelevant.

That’s the last thing an ambitious reporter with a cast-iron ego wants to hear. That pretty much fits all of us deadline scriveners, doesn’t it?

Why, we journalists disgorge the truth 24/7 in a quest to right wrongs and change the world for the better!

What does His Honor mean, irrelevant?

That’s what he said. In a ruling July 17, 2008, Judge Colombo said it makes no difference how the reporters collected 14,000 city of Detroit-owned text messages that exposed Mayor Kwame Kilpatrick’s affair with his chief of staff, Christine Beatty, along with their apparent lies in a police whistleblower lawsuit.

His words, quoted from the Free Press: “Everyone would like to know how the Free Press got the text messages, but it’s not relevant to this case.”

Your Honor, I beg to differ.

It is relevant as hell.

And somebody, SOMEBODY, has to keep asking the question.

Guess that somebody would be me.

So here I go: How the hell did these reporters get their hands on reams of sizzling, sexy electronic text messages that passed between Mayor Kilpatrick and Beatty?

It’s an important question.

The answer would explain part of the Kwamegate story that so far has gone unreported. To date, the Free Press has published stories that shed light on many corners of this dark story of love, passion, intrigue and deceit where those stories reflect poorly on the mayor. But the paper has stayed silent about one area where inner Free Press workings might come into public view. And if that is incorrect, why not put the whole story out so I can’t suggest such things?

The paper alluded to this thorny problem in a single phrase, noting toward the end of a July 18 story buried on Page 11A that lawyers for hizzoner “contend the texts were leaked in violation of the federal Stored Communications Act.”

In plain English, it’s against the law for electronic communications carriers like city-hired SkyTel to turn over text messages to anyone other than law enforcement agencies with a subpoena or people designated by the city as legitimate recipients of the data.

Apparently an attorney for cops fired by Kilpatrick got a subpoena that was honored by SkyTel. But the story of how the messages wound up in the Free Press Oakland County Newsroom for the reporters to peruse is a legitimate area of inquiry for serious journalists and for the public. The public has a right to know. Where have I heard that before? Oh yes, it’s the very argument the Free Press is using in a lawsuit aimed at prying open more text messages. That’s the same Freedom of Information Act lawsuit, brought by the Free Press, where Judge Colombo says the reporters’ part of the story is irrelevant.

Hey, if the Free Press is pretending to serve the public, then they should serve up all of the story so the public can judge whether the reporters’ role was irrelevant. What are they going to tell the Pulitzer Prize judges — we served the public interest except where it served our own?

Despite the Free Press’s attempt to marginalize it, the “contention” that the text messages were released in violation of federal law ratchets the interest in that piece of the tale immensely. It throws a heavy mantle of hypocrisy onto the Free Press. Was there something smarmy about the way the paper got those messages? It boils down to this: How did the Free Press get the messages?

If it’s so important for the public to be informed, then we need the whole picture.

If there was something shady about the way the newspaper got the story, I’d like to know what was their collective thinking in doing so? Did they decide the news story’s importance to the public outweighed the gravity of having reporters take part, even tangentially, in the commission of an unlawful act?

The mayor is charged with perjury and other felonies. Is there no interest in possible law-breaking on the cops’ side? Or SkyTel’s? Or — heaven forbid! — by the Free Press? Why is there no federal investigation into how and why SkyTel released the messages? Why no probe into how Mike Stefani got the messages and, of course, why is no federal agency looking into how those messages were passed to the Free Press?

If any lawyer armed with a subpoena can get confidential text messages, what does that say about the privacy of telecommunications?

Or is there an investigation, but it simply hasn’t been leaked to the Free Press?

More darkly, what if there were such a probe, and its existence were made known to the Free Press?

Would the paper report it to the public it supposedly serves?

Or would they say it’s irrelevant?

Contact me at joelthurtell(at)gmail.com

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Slantmeisters of the Times

Model of a modern news slant job. Joel Thurtell photo.

Model of a modern news slant job. Joel Thurtell photo.

By Joel Thurtell

[donation]

Good morning. Welcome to another lecture at Joel’s J School, where we teach the principles of news gathering and writing as they are actually practiced in the real workaday world of Journalism.

Here at Joel’s J School we are the reality show of Journalism, and unlike accredited J schools, tuition at our unaccredited JJS virtual campus is free.

Today, I would like to teach you how to implant your own peculiar opinions into a news story while seeming to remain a dispassionate, objective reporter. This is necessary because of an unwritten rule, nonetheless subscribed to by all academically-trained Journalists, that requires we Journalists be above the fray, disconnected from human life forms and concerned only with providing an accurate if mechanical report of events.

In a future lecture, I’ll discuss why all this objectivity is hokum. I’ll show why it’s an illusion to believe that anyone, much less a “trained” Journalist, can actually be objective or dispassionate. Today, I want to focus on the practical need to use deception in crafting a news story so that the article appears to meet your publisher’s demand for balance and fairness while in fact advancing a point of view, opinion, slant, bias.

Oh yes, I forgot to mention, the requirement that news stories be objective, fair and balanced was itself crafted by those illusion-masters, the publishers and owners of news media, along with their willing hand-maidens, the academic Journalism schools which probably will look askance at a freebooting, no-tuition rival like Joel’s J School.

I should also mention that while I’ve actually taught in a bona fide academic Journalism school, I’ve never endured so much as an hour of academic Journalistic training. Whether that’s good or bad, I’ll let others judge.

No I won’t! It’s great. Those of us who have not endured classic Journalism indoctrination have to break down fewer barriers to independent thinking, though it’s still a constant struggle. Further discussion of independent thinking I’ll leave to my forthcoming Journalism textbook, SHOESTRING REPORTER.

Okay, back to the fine art of slanting news stories. Today I’ll heap laurels on The New York Times. On Saturday, July 19, 2008, a Times writer — or maybe it was his editors — managed to slip bias into a story right from the get-go in a textbook case of stealth propaganda that will be used as a case study for years to come here at Joel’s J School.

Let’s look at what the Times accomplished in a Page One story on July 19, 2008: They took up a controversial issue involving the U.S. Constitution’s Bill of Rights guaranteeing citizens freedom from unreasonable search and seizure. With deft sleight of wording, they made that guarantee seem silly and ill-conceived.

Now, as someone who’s been hassled by cops for no valid reason, I have a healthy regard for the Bill of Rights and its principles of due process. I also have no faith in the ability of human institutions such as police departments to behave intelligently or rationally without constant surveillance, goading and outright butt kicks.

August 26 will be the 40th anniversary of the day Chicago’s finest pulled me and a buddy out of a car in front of the Art Institute, whacked us with billy clubs and threw us in jail for no cause. Oh yes, come to think of it, there was a cause. We were young, with sideburns and mustaches, and it happened during the police riot masterminded by Mayor Richard Daley the First that placed its immortal stamp of villainy on the 1968 Democratic National Convention.

Now, in this story, the biggest challenge for the Times was legitimizing an idea roughly equivalent to th notion that a car with a mechanical defect will fix itself.In this case, it’s teh contention that institutions like police departments will somehow improve and correct themselves without both positive and negative incentives from the constitutional system.

Now, anyone with common sense would know that human institutions require constant vigilance and thorough monitoring to keep them functioning honestly and humanely.

Anyone with common sense would not include U.S. Supreme Court Justice Antonin Scalia, who the Times quotes approvingly as believing that in these modern times, police agencies are more professional than in earlier times.

The challenge for the Times was to somehow dress up Justice Scalia’s “Alice in Wonderland” fantasy and make it seem palatable. And there the Times does an absolutely superb job of creating imbalance, laying down a slurpy foundation of fresh manure and making the whole presentation appar to conform to the vaguely-prescribed tenets of Journalistic fairness, balance, objectivity.

My hat is off to the Times — they have erected a monument of scoundrelly misrepresentation and logical legerdemain. Beautifully executed.

The Times managed to employ all the elements of fairness and balance in its story, so nobody could charge them with slanting it. This is the ultimate goal of the Journalistic Slanter, and the Times deserves some kind of prize. Sorry to say, Joel’s J School doesn’t hand out Journalism awards because our faculty believes that prizes create incentives that corrupt and pollute the pure cause of Journalism. That the major academic Journalistic institutions issue awards is further proof of their participation in the denigration and derogation of Journalism in America.

But back to the Times writer and editors, whose art is truly stunning. Note that they did not begin this article in a pedestrian way by summarizing opposing views about their topic, which happened to be police search and seizure and the so-called “exclusionary rule.” No way, Jose. They could have led by stating the exclusionary rule says that if a cop searches your house without a warrant and finds evidence of a crime, the court must toss the evidence — and probably any hope of getting you convicted of a crime — because the evidence was gotten illegally. And they might have followed by stating that while this is tough medicine for the cops, it’s a stern warning that we Americans take due process a hell of a lot more seriously than it’s regarded in any other country in the world including our neighbor to the north, Canada.

That would have been fair and balanced, but that’s not what we’re after. Remember, this is a lecture about injecting bias, subtly, so it doesn’t appear to be bias. And the Times did a masterful job of masking their intent by leading this story with an anecdote from Canada.

I quote:

Bradley Harrison was driving a rented Dodge Durango from Vancouver to Toronto in the fall of 2004 with 77 pounds of cocaine in the trunk when a police officer pulled him over, found the drugs and arrested him.
A year and a half later, an Ontario trial judge ruled that the officer’s conduct was a “brazen and flagrant” violation of Mr. Harrison’s rights. The officer’s explanation for stopping and searching Mr. Harrison — confusion about a license plate — was contrived and defied credibility, the judge said, and the search “was certainly not reasonable.”

In the United States, that would have been good news for Mr. Harrison. Under the American legal system’s exclusionary rule, the evidence against Mr. Harrison would have been suppressed as the result of an unlawful search.

But both the Canadian trial judge and an appeals court refused to exclude the evidence. Mr. Harrison was sentenced to five years in prison.

“Without minimizing the seriousness of the police officer’s conduct or in any way condoning it,” the Court of Appeal for Ontario ruled in Mr. Harrison’s case in February, “the exclusion of 77 pounds of cocaine, with a street value of several millions of dollars and the potential to cause serious grief and misery to many, would bring the administration of justice into greater disrepute than would its admission.” The case is now before the Canadian Supreme Court.

I see a hand back there — you in the blue polo shirt, what is your question?

Ah yes, why lead a story about the U.S. Constitution with a yarn out of a foreign country?

Good question. Our goal is to obscure, remember, not clarify. Deception is our game. A guy gets arrested by a yokel cop in Canada who finds 77 pounds of cocaine in the skell’s car. Do we let him go because the evidence was gotten illegally and thus send a potent message to cops and the public that they need to either get better training, get smarter cops or suffer the same stiff lessons of exclusion every time they screw up?

Or do we copy the Canadians and try him, using the coke as evidence despite the bad seizure, because we want to keep the bum and his drugs off the street? And by so doing,  wink at the thuggish cop and let him know he can foul up any time he pleases?

Oops, but tacked onto the lead is that little codicil about the Canadian Supreme Court still having to decide this case.
So not only do we have a case from outside United States jurisdiction and no precedent value in our jurisprudence, but we find out at the end of the lead that this anecdote is not cut and dried, but still a matter of debate.

But that’s okay. We have to bury that mention, or otherwise readers may notice that our model case is not exactly as clearcut and set in stone as our choice of it for top billing implies. By choosing this — as it turns out — shaky example, we’re justified in ridiculing the jurists who believe that if the tree is corrupt, so is its fruit, and if the evidence was gotten illegally, use of it will corrupt not only this particular case, but society as well.

By slamming the concept that ill-gotten evidence shouldn’t be used, we set a tone in the story that will always put people on the defensive who believe that cops should respect due process.

But nobody can come out and accuse the Times of doing this, because they certainly quote people on both sides. It’s just that the due process side gets kind of stuck towards the inside and end of the story after the vast majority of readers have tuned out, having had their impressions set by the murky lead.

The elements of balance and fairness are there, even if they’re diabolically distributed.

It’s a technical thing — make sure it APPEARS fair, according to the principles of academic Journalism.

What more can you ask of a Journalist than an illusion of fairness?

Mission accomplished.

Contact me at joelthurtell(at)gmail.com

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Sagging pants bumps UP THE ROUGE!

By Joel Thurtell

Leonard Slatkin got squeezed, but we got bumped.

WDET-FM 101.9 found time for the new Detroit Symphony Orchestra director before the station’s 10-12 a.m. “Detroit Today” program ended at noon Monday.

Porbably made a difference that we were canned and he was live.

‘Çourse, too, he’s a household name and we’re, well, not there yet.

Seems the interview with ACLU legal director Michael Steinberg on the Flint police chief’s crackdown on sagging pants took longer than expected. Very interesting interview it was, though, even if it meant delaying the broadcast of a feature about the book I co-authored with Patricia Beck about our June, 2005 canoe trip up the Rouge River.

Oh well. Maybe they’ll find another time slot for us.

When or if I find out, I’ll post it.

Meanwhile, that interview with the ACLU’s Steinberg was very interesting in terms of its focus on due process and civil rights. For my own discussion of an ambush on due process by The New York Times, tune in to joelontheroad.com tomorrow.

Contact me at joelthurtell(at)gmail.com

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UP THE ROUGE! on WDET-FM 101.9

By Joel Thurtell

I’m told that WDET-FM at 101.9 megahertz will feature the book co-authored by me and Patricia Beck sometime between 10-12 a.m. today, Monday, July 28, 2008.

The feature was created by Chris Mccarus, producer of Michigan Now features for several Michigan public radio stations. Chris interviewed us near the Rouge River in Southfield, and he used pieces of the audio log I made during the trip.

Our book, UP THE ROUGE! PADDLING DETROIT’S HIDDEN RIVER, is to be published by Wayne State University Press next March. It’s based on the June, 2005 trip Pat Beck and I made 27 miles up the Rouge River. We did it in a canoe, struggling our way over, through or around 72 logjams and four dams. It took five days.

We hope the book, with dozens of spectacular color photos by Pat and a narrative written by me, will open Metro Detroiters’ eyes to the beauties of this largely unknown natural resource. And we also hope it will help people understand how badly humans have treated this river.

Contact me at joelthurtell(at)gmail.com

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Open the records!

By Joel Thurtell

[donation]

I don’t care where they put them.

It could be in Cobo Hall or the old Packard plant.

But Wayne County has the busiest circuit court in Michigan, with 66 judges in criminal, family and civil divisions.

Its court records need to be open and accessible to anyone with a need to see them. A hallmark of democracy is openness, transparency, no hidden records, and there’s no more important record that that of a legal pleading in court.

Right now, those Wayne County Circuit Court records are hidden in a place known to court clerks but off limits to the public.

Supposedly, a lightning strike on the Coleman A. Young Building June 27 and a resulting transformer fire prompted Wayne County Clerk Cathy Gerritt or the circuit judges to move the records from the Young building to some undisclosed site. Why arrangements weren’t made immediately to provide public access, I don’t know. Citizens who ask questions get hung up on after being called “stupid ass.”

I’m trying to imagine what life must be like for anyone whose work relies on access to court records. There was a time in my life when part of my responsibility as a Detroit Free Press

reporter was making a trip from the 11th floor Young building office of the Free Press to the second-floor clerk’s counter where lawyers file lawsuits, briefs, motions — all the documents needed to support everything from a name change to a divorce or lawsuit for myriad causes. My job at 4 p.m. each week day was to whip through the huge stack of just-filed paperwork looking for interesting items to report. If I didn’t happen to catch the file when it was first brought to the clerk, I’d go down to the basement records room and have it called up. Now, that file room is locked. If you don’t happen to spot the lawsuit the day it’s filed, you’re out of luck. It’s sent out to storage in some secret place where only court officers can find it.

This cannot stand. Locking the records is a betrayal of the public trust and a breach of the very promise the county makes right now — yes, right now — on its website. That promise says court records will be open to the public.

Here it is: “The vision of the Court is to maintain and improve quality services to the public, utilizing human resources and technology in a manner that enhances and promotes access, fairness and accountability.”

Some “vision”. What happened to enhancing and promoting access? How does it promote “fairness and accountability” to lock the records up?

Hiding the records violates a pledge by the Michigan Supreme Court to make sure the public has access.

Here’s what Section 8 of the court rules says about access to court files:

A. Right of Public Inspection

“Generally, unless access to a file is restricted by statute, court rule, or an order according to
MCR 8.119(F), any person may inspect pleadings and other papers in a court clerk’s office
and may obtain copies as provided by MCR 8.119(E)(2) and (3). A court, by
administrative order, may make reasonable regulations necessary to protect its public
records and prevent excessive and unreasonable interference with the discharge of its
functions.”

It has been suggested that the records were damaged by water following the transformer fire and the county is having them cleaned. If that is the case, then the situation is worse than I thought. It means county officials took no steps to protect vital court records from disaster despite warnings from Michigan’s Department of History, Art and Libraries to take precautions. The department issued a “Guide to Disaster Preparedness and Response” which Wayne County officials might want to peruse, albeit a bit too late. It says, “While protecting life and property are the top priority in a disaster, it is important to protect records as well. As
(the) 2005 hurricane season continues to demonstrate, when you lose government records,
buying and selling land, solving criminal cases, receiving health care and financial
assistance, and fulfilling the basic administrative, fiscal and legal functions of
government becomes very difficult.”

Maybe the Wayne County Circuit Court thinks hiding its records is a way to “make reasonable regulations necessary to protect its public records and prevent excessive and unreasonable interference with the discharge of its functions.”

I don’t.

There sure hasn’t been any public complaint by officials of “excessive and unreasonable interference,” except maybe by a stroke of lightning. That can’t be a justification for hiding the files.

The promise that “any person may inspect pleadings and other papers in a court clerk’s office
and may obtain copies” has been broken since June 27. I’m told maybe the records will be back in the Coleman building as early as August, but don’t count on it.

I don’t care where they put the files.

Just give the public access to them.

NOW!

Drop me a line at joelthurtell(at)gmail.com

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Rebellion at joelontheroad.com

By Joel Thurtell

[donation]

Oh boy. Have I got trouble.

The staff at joelontheroad.com is up in arms. Absolutely PO’ed. Nobody’s writing articles. They’re all griping about me.

Luke Warm, my roving reporter, is boiling mad, and that’s not like Luke Warm.

Ira Turnbuckle, my sailing writer, is, well, irate.

Buster Docket was supposed to cover Circuit Court, but he’s so miffed I can’t get him away from the coffee machine. Besides, with the Wayne County Circuit Court file room closed till further notice, there’s not much for him to do.

Melanie Munch, my food writer, is so mad she’s stopped bringing Krispy Kremes to our morning meetings. How can we have a news meeting without junk food?

Mark Epiphany, my religion writer, has stopped praying for the future of newspapers.

Pete Pizzicato says he’s not going to write his music columns. (Don’t tell him, but frankly, I’m glad. Music criticism is one of the biggest regions of unexplored nonsense in today’s world of Journalism).

All because I said they’d have to work a bit harder now that joelontheroad.com is going to publish seven days a week.

That’s right — the big step. We have to do this. No gong back. If the Detroit Free Press, a seven-days-a-week paper since the mid-19th century, suddenly drops to twice-weekly publication like any old suburban paper, the state will be in deep you know what.

Shit.

Somebody has to step up to the plate and provide seven-day-a-week news, entertainment, commentary with a touch of nonsense. If not the Free Press, then joelontheroad.

Just because I don’t pay them, my writers think they have a beef.

Come on, folks, this is the Blogospohere!

Excuse me. I have to meet with my staff.

Drop me a line at joelthurtell(at)gmail.com

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