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5 Chilling Pages From the Aurora Mass Shooter’s Diary Debunk a Favorite NRA Talking Point

Mother Jones

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It’s an argument we hear frequently from gun rights activists and conservative lawmakers: Mass shooters select places to attack where citizens are banned from carrying firearms—so-called “gun-free zones.” All the available data shows that this claim is just plain wrong. As I reported in an investigation into nearly 70 mass shootings in the United States over three decades, there has never been any known evidence of gun laws influencing a mass shooter’s strategic thinking. In fact, the vast majority of the perpetrators have indicated other specific motivations for striking their targets, such as employment grievances or their connection to a school.

Most recently, the marquee villain used to decry gun-free zones is James Holmes, who is currently on trial for the July 2012 massacre in Aurora, Colorado. “Out of all the movie theaters within 20 minutes of his apartment showing the new Batman movie that night, it was the only one where guns were banned,” Fox News pundit John Lott wrote not long after the attack. “So why would a mass shooter pick a place that bans guns? The answer should be obvious, though it apparently is not clear to the media—disarming law-abiding citizens leaves them as sitting ducks.”

Now, with the release this week of a detailed handwritten diary that Holmes kept before the attack, we know that there is no evidence to support Lott’s widely parroted claim.

The diary includes five pages in which Holmes laid out his strategy for attacking the Cinemark theater complex. Under the header “Case the Place,” he drew maps and diagrams accompanied by many tactical notes regarding where victims would be located and how they would potentially react. “South side of theater optimal,” he wrote, noting its “15 screens.” He zeroed in on theaters 10 and 12 as the “best targets in complex” and marked the “best parking spot” for his car. Among his lists of “pros” and “cons,” he observed that theater 10 would have “many initial persons packed in single area.” He assessed the many doors and hallways through which people would try to escape.

Nowhere in any of this extensive planning did Holmes make reference to gun regulations at the theater or the potential for moviegoers to be armed. Moreover, he had every expectation that he would not get away with his crime. In one sketch, he drew two other locations not far from the theater: the Aurora Police Department and a Colorado National Guard facility. “ETA response approximately 3 mins,” he noted. In his list of possible methods of attack, where he checked off mass murder using firearms as his choice, he also wrote “being caught 99% certain.”

Additional evidence from the trial underscores that Holmes clearly was not planning to avoid getting shot, killed, or apprehended. On an AdultFriendFinder.com profile he filled out shortly before the shooting, he wrote: “Will you visit me in prison?”

Here are the five diary pages filled with Holmes’ plans, followed by the full document:

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dc.embed.loadNote(‘//www.documentcloud.org/documents/2089833-james-holmes-notebook/annotations/220837.js’);

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dc.embed.loadNote(‘//www.documentcloud.org/documents/2089833-james-holmes-notebook/annotations/220838.js’);

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dc.embed.loadNote(‘//www.documentcloud.org/documents/2089833-james-holmes-notebook/annotations/220839.js’);

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Full diary:

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James Holmes Notebook (PDF)

James Holmes Notebook (Text)

From: 

5 Chilling Pages From the Aurora Mass Shooter’s Diary Debunk a Favorite NRA Talking Point

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This Judge Just Smacked Down A Key NSA Spy Program

Mother Jones

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A panel of federal judges slapped down the National Security Agency’s telephone metadata collection program Thursday, effectively saying that the program goes way beyond what the law allows. In a 97-page decision released by the 2nd US Court of Appeals, the three-judge panel found that the Patriot Act doesn’t allow the government to collect phone records in such a blanket way.

The court’s ruling won’t stop the program, as the New York Times notes. Rather, it punts the issue back to lower courts and Congress to determine exactly what’s okay and what isn’t. But the decision, written by Judge Gerard E. Lynch, doesn’t pull any punches either. “Congress cannot reasonably be said to have ratified a program of which many members of Congress—and all members of the public—were not aware,” he wrote.

Here are some highlights from his ruling, which you can read in full below:

On the government using “inapplicable statutes and inconclusive legislative history” in its arguments:

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On the government’s “unprecedented and unwarranted” definition of what material is relevant to an actual investigation:

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On whether Congress, or the public, fully understood what the government was going to do with this program:

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Full decision:

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Appeals Court Ruling ACLU v. Clapper (PDF)

Appeals Court Ruling ACLU v. Clapper (Text)

See original article here:  

This Judge Just Smacked Down A Key NSA Spy Program

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Philadelphia Cops Shoot and Kill People at 6 Times the Rate of the NYPD

Mother Jones

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Philadelphia, a city with a vastly smaller population than that of New York City, has seen a much higher rate of police shootings in recent years. According to a new report published on Monday by the US Department of Justice, police violence disproportionately affects Philadelphia’s black community, and officers don’t receive consistent training on the department’s deadly force policy.

The 174-page report results from an investigation the DOJ launched in 2013 at the request of Philadelphia Police Commissioner Charles Ramsey, during a time when officer-involved shootings, including fatal incidents, were on the rise, even as violent crimes and assaults against the police was on the decline. “Police carry baggage and lack legitimacy in some communities,” Ramsey, who has been appointed to chair the Presidential Task Force on 21st Century Policing, recently told the New York Times. “And for us to change the paradigm, we have to understand why we are viewed in this way.”

The DOJ’s Philadelphia investigation, which examined nearly 400 deadly force incidents between 2007 and 2013, provides a rare close-up of the patterns of officer-involved shootings. The report follows on the heels of another damning report the DOJ published on the city of Ferguson, where federal investigators found systematic racial discrimination among public officials and police.

While it’s nearly impossible to know how much the findings in Philadelphia represent police practices across the country—there is no comprehensive national data on police officers’ use of force, as we reported last year—the DOJ probe does reveal an alarming rate of shootings when compared to other large departments. Philadelphia’s police force, which is one-fifth the size of the NYPD, saw dozens more officer shootings resulting in deaths and injuries than those by the NYPD over the same period.

Here are a few key findings from Monday’s report:

In a city where blacks and whites each make up about 45 percent of the population, almost 60 percent of the officers involved in shootings between 2007 and 2013 were white, while 81 percent of suspects involved were black.

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In nearly half of officer-involved shootings of an unarmed victim, the officer mistook a nonthreatening object for a gun.

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Black suspects were the most likely to get shot because of a misidentified object. White suspects were the most likely to be involved in a physical altercation that resulted in the officer shooting.

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Among officer-involved shootings in which the victim was black, black and Hispanic officers were more likely than their white counterparts to have shot at a suspect after mistaking a plain object for a gun.

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While the overall number of officer-involved shootings declined between 2007 and 2013, the share of victims who were unarmed during those incidents more than tripled, from 6 percent in 2007 to 20 percent in 2013.

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Officers initiated the encounter in 43 percent of officer-involved shootings in 2013, down from nearly 60 percent in 2007 and nearly 70 percent in 2008.

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Out of 382 suspects involved in the shootings between 2007 and 2013, about 88 were killed, 180 injured, and 115 unharmed. The majority of suspects brandished a weapon but did not shoot, held a weapon other than a firearm, or were unarmed. Forty-nine suspects (13 percent) shot at the officer, injuring six and killing one.

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The average time spent on investigating an officer involved shooting has declined from 417 days in 2007 to 264 days in 2013.

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Out of 88 officers who were found to have violated department policy during a shooting incident, 73 percent were not suspended or terminated. Some interviewees told the Justice Department they believed that the department’s board of inquiry undermined findings from internal reviews of officer shootings, resulting in “too little discipline.”

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Read the article:  

Philadelphia Cops Shoot and Kill People at 6 Times the Rate of the NYPD

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