Bauerle: Now in Life & Arts

That was quick. 

The Buffalo News’ scary-important follow-up story, detailing that (a) Tom Bauerle was back on the air at WBEN on Monday; and (b) the town of Amherst is denying FOIL requests seeking reports of last week’s incident, was published in the Life & Arts section. Sunday’s story, by contrast was FRONT PAGE ZOMG. It didn’t take long for this Page Six gossip column to be relegated to the section where you’ll find the Golden Globes, a psychic, the Buzz, and a plan for an art barge on the Erie Canal. 

It would seem that the information the News obtained from two unnamed police sources was likely an improper release of private personal information, and cannot be corroborated. 

Though The News filed a Freedom of Information request regarding the 2:50 a.m. incident on Jan. 8, Amherst Town Attorney Thomas E. Jones issued a denial letter Monday.

“No crimes or arrests are reported,” Jones said. “The records do contain medical and other personal information concerning the subject. It is our opinion that the release of the report would constitute an unwarranted invasion of personal privacy as defined by the Public Officers Law.”

The relevant parts of the FOIL read, 

2. Each agency shall, in accordance with its published rules, make available for public inspection and copying all records, except that such agency may deny access to records or portions thereof that:

(a) are specifically exempted from disclosure by state or federal statute; 
(b) if disclosed would constitute an unwarranted invasion of personal privacy under the provisions of subdivision two of section eighty-nine of this article;

2. (a) The committee on open government may promulgate guidelines regarding deletion of identifying details or withholding of records otherwise available under this article to prevent unwarranted invasions of personal privacy. In the absence of such guidelines, an agency may delete identifying details when it makes records available.
(b) An unwarranted invasion of personal privacy includes, but shall not be limited to:

i. disclosure of employment, medical or credit histories or personal references of applicants for employment;
ii. disclosure of items involving the medical or personal records of a client or patient in a medical facility;
iii. sale or release of lists of names and addresses if such lists would be used for solicitation or fund-raising purposes;
iv. disclosure of information of a personal nature when disclosure would result in economic or personal hardship to the subject party and such information is not relevant to the work of the agency requesting or maintaining it;
v. disclosure of information of a personal nature reported in confidence to an agency and not relevant to the ordinary work of such agency; or
vi. information of a personal nature contained in a workers’ compensation record, except as provided by section one hundred ten-a of the workers’ compensation law.
(c) Unless otherwise provided by this article, disclosure shall not be construed to constitute an unwarranted invasion of personal privacy pursuant to paragraphs (a) and (b) of this subdivision…

…(2) Nothing in this section shall require disclosure of: 
(a) personal information which is otherwise prohibited by law from being disclosed; 
(b) patient records concerning mental disability or medical records where such disclosure is not otherwise required by law; 
(c) personal information pertaining to the incarceration of an inmate at a state correctional facility which is evaluative in nature or which, if disclosed, could endanger the life or safety of any person, unless such disclosure is otherwise permitted by law; 

So, when I suggested in comments that the HIPAA law might apply, I was wrong. It was the FOIL itself that appears to expressly prohibit release of information concerning Bauerle’s psychotic episode. “Karma” doesn’t make it newsworthy. “Bauerle is an asshole” doesn’t make it newsworthy. The fact that his guns were confiscated under the NY SAFE Act – something with which he said he would never comply – is newsworthy, however. 

I asked you on Sunday to consider what it was that made the Buffalo News’ original Bauerle story newsworthy. I explained that Artvoice didn’t reach the same conclusion, and explained why.  Several people misinterpreted my article as a criticism of the News – it wasn’t. Many people left comments here and on Facebook, and some of them were thoughtful and persuasive. Many of you understood that I wasn’t necessarily saying the News was wrong for publishing the story, but asking people to ask themselves, or explain, why it was newsworthy. 

Some of you pointed out that Bauerle’s hatred of the NY SAFE Act, and the fact that firearms were involved in the underlying incident that led to Bauerle’s police involvement made it relevant, together with his prominence in the community. I found that to be among the most persuasive arguments. 

However, I had a lot of people pointing out this WNYMedia.net article as a good counterpoint. I didn’t find it persuasive at all. In fact, it underscored my perception that many people in favor of publication were simply happy that an enemy had been exposed, and performed some mental gymnastics to justify it. Let’s take a look. 

If your social media news feeds are anything like mine, you’re probably scratching your head a bit at this faux empathy being kicked around today surrounding Tom Bauerle.

Fortunately, we don’t share that empathy.

I’m not sure there is any site in Buffalo who has criticized Tom Bauerle and WBEN more over the last 12 years.  Today, anyone familiar and fed up with WBEN’s resident whack job finally got the small verification we’ve been waiting for :

I don’t understand how someone can so quickly determine another person’s motives (here, “faux empathy”), but WNYMedia’s Marc Odien cannot read minds. He argues that it is impossible/incompatible/inconsistent to, on the one hand, hate things that Bauerle has said; and, on the other hand, believe that he deserves some modicum of privacy with respect to a health issue. I disagree. Over the past 10 years, I’ve written more than my share of “oh my God, look at this horrible thing that Tom Bauerle said” posts. So when he has a personal crisis, that’s front page news? 

But instead of celebrating a possible final reprieve to all the hate, racism and conspiratorial nonsense Western New Yorkers have to endure on a daily basis, anyone criticizing him, including the Buffalo News, suddenly became the villain.

Police report or not, of course this is newsworthy!

1. The police have been called to his house 13 times since November 18th. Anytime public resources are used that much in a short period of time, it certainly worth scrutiny and reporting:

The “villain” crack links to a Tweet that Chris Smith posted: 

 I had a similar reaction. In fact, when we recorded this Trending Buffalo podcast on Thursday January 9th, we considered talking about the Bauerle story, and agreed not to, because there’s a difference between criticizing crazy opinions and openly mocking what appeared to be mental illness.  No one accused anyone of being a “villain”. On the contrary, I merely asked people to think about it.  Chris merely asked people to be human. You know – “Buffalo, it’s the people” and “good neighbors” and whatnot. 

So, WNYMedia.net declared that, “of course” it’s newsworthy. The first rationale is 13 police calls. No one’s seen the reports. No one’s heard the 911 tapes. One source told the News that it was 13 calls since mid-November. Not all of them from neighbors. If true, it seems like a waste of police resources, and possibly a neighborhood issue. Point taken. Does Bauerle’s celebrity make that a front-page story? 

2. Whether you listen to WBEN or not, a lot of people around here do and often relate to the nonsense spewed over WBEN airwaves. Regardless of what you think of Tom Bauerle, his ranting and raving on WBEN since 9/11 has caused irreversible damage to society and falsely influenced thousands of other WNY’ers to buy into and believe his brand of craziness.

I don’t know what this 2nd rationale is supposed to mean, except to say that Bauerle is a right wing asshole and therefore he is a right wing asshole. So, because he’s said horrible things on-air, he has forfeited all rights to privacy? That seems unreasonable. 

Linking to the audio from Bauerle’s paranoiac rant of December 30th, Odien continues, 

3. Have you heard this?  Heads should roll at WBEN as to why this was allowed to continue for 17 minutes:

Saying Mental Illness is a “serious” matter is like asking if a “bear shit’s in the woods”.  OF COURSE IT IS !!  But that doesn’t negate the newsworthy of a trusted and influential radio personality officially going off the deep end. I have people very close to me who deal with mental health issues daily and of course mental illness isn’t something to “joke” about.  (except on twitter apparently)

Since they are not reporters, our friends and colleagues at Artvoice thought reporting on the Bauerle incident amounted to joking about mental health and instead published this post claiming they “knew all about” Tom Bauerle’s recent plunge into the mental health pool, but decided to take the high road:

Should heads roll at WBEN over that clip? Maybe. I’ve complained to Entercom and WBEN numerous times about some of the horrible things I hear on that station. They love it, when they don’t ignore it. 

Odien acknowledges that mental illness is “serious”, but concludes that, here, its seriousness is outweighed by the “trusted and influential radio personality” is “going off the deep end.” But he’s been going off the “deep end” on the air for years. The only person writing regularly about those episodes? Me. Didn’t we just go through a charade about mental illness being “serious” before dismissing this episode with a throwaway euphemism for an apparent psychotic episode?  It all detracts from the underlying thesis that this all scary-important information for the public to know.  

Odien goes on to cast doubt on whether Artvoice had the story at all. We did. He quoted the second paragraph of my story and went on to say,

Please… If you believe that, then I’ve got a Tom Bauerle conspiracy theory to sell you

The moment I heard the gist of what had happened (from two completely unrelated people), I tweeted this: 

When we began looking into it, I posted this: 

After we decided that this was more TMZ than Artvoice, I concluded with one of Bauerle’s declarations from the December 30th broadcast: 

Quoting from the part in the Buffalo News article where Bauerle supposedly told a cop that Cuomo’s spies had magical shoes that left no prints in the snow, Odien writes, 

The WNYmedia archives are filled with posts, articles, funny pictures, videos and podcasts calling Tom Bauerle and his ilk “batshit crazy”.  What’s been OK for the last 12 years is now suddenly a taboo subject according to your alternative news source?

However, this is a personal medical matter and one affecting perhaps his neighbors, but not you or me.

Maybe on the surface.

But what Tom Bauerle represents to this community and tea-baggers everywhere should not be minimized.  Nor should we minimize putting mentally unstable person on public airwave spewing hate, racism and other ridiculously false political claims in order to justify a warped political agenda for more than a decade.

So, this is a matter of critical public import because Bauerle had a breakdown of some sort and he has a hateful on-air persona? (I Googled “Batshit crazy” + “Bauerle” and it’s not a common combination, and not one that I have ever used). Calling someone “batshit crazy” because he espouses opinions that are batshit crazy does not give me license to mock and expose him if it turns out that there’s a genuine psychiatric problem. There’s a difference. 

Artvoice stopped looking into it; the News canvassed the neighborhood – notice the News went to the neighbors, not vice-versa. I took to Twitter to mock the mockables – shoes with no footprints and Treebeard surveilling Williamsville radio guys.  But that was it.

A guy running around the neighborhood with a loaded gun, thinking trees are out to get him is a problem, for sure. If you’re in the immediate area. But is it one that needed front-page coverage by the Buffalo News? Is every neighborhood disturbance to be in the Buffalo News now?

As I explained, I didn’t take a shot at or criticize the News for doing their job, I wanted there to be a conversation about what people thought made the story newsworthy. 

Alan Pergament took to his blog to blast WBEN’s handling of the whole thing, and added this: 

I sympathize with Bauerle and hope he gets help.

But anyone who doesn’t think this story has journalistic merit needs to go back to Journalism 101.

The Bauerle story fits several textbook criteria of what makes news –  including prominence, conflict,  timeliness, proximity and novelty.

Additionally, Bauerle is an influential voice in the community and should be held to a higher standard. He has constantly used his daily show to oppose Gov. Cuomo’s NY SAFE Act.

However, politics is a secondary issue of this story. The primary issues are the safety of the community and how a radio station can keep a guy on the air who has exhibited such bizarre behavior without giving him enough time to recover.

Shame on WBEN management for apparently failing to realize that it crossed the line of worrying more about the bottom line than of the health and safety of its own employee, its staff and the community.

A lot of people think that Kate Middleton’s baby bump, or Kim Kardashian’s most recent pronouncements merit journalistic attention. Some think it’s important whether the separated Eliot Spitzer has a girlfriend whom he *gasp* might be sexing.  The question of journalistic merit is an interesting one; hence, Sunday’s post. 

But one unifying theme among the people defending the Buffalo News against non-existent criticisms is that it’s important because Bauerle has said crazy things on the air. Well, yes. He has. Where have you guys been

Almost exactly a year ago, for instance, Bauerle decided that the U.S. Government was a “greater enemy than al Qaeda.” There was a sitting NYS Assemblyman on the phone, who remained silent as he said it.  I wrote about it at length here. The Buffalo News didn’t deem that to be newsworthy. Neither did WNYMedia.net. 

WNYMedia and The Buffalo News did not write anything when Bauerle gleefully, but incorrectly reported that Americans now predominately fear the government. They didn’t write anything when Bauerle suggested that Islam is “not compatible” with Western Democracy

When Bauerle devoted an entire show in 2009 to the topic: are liberals “insane”, “psychotic asshats” who want to “destroy America”, the Buffalo News wrote nothing. During that same show, Bauerle  spoke approvingly of a new civil war in America, hoped for an armed, military coup against the federal government, and suggested that the military side with the “people”, rather than with the “liberals”. The Buffalo News’ newsworthiness radar was broken. WNYMedia paid attention because I wrote about it there

When the brother of blogger Mike Blake made a phony phone call to Bauerle’s show and was subsequently the target of harassing texts, the Buffalo News was silent. Nary a peep from the News about this or this or this; you get the picture.

There have been quite a few outrageous outbursts on hate radio in the last several years, and suddenly now it’s important? What Bauerle said on December 30th is downright tame compared to his earlier suggestion that al Qaeda was better than Obama. 

So, I’m not the person to lecture about the horrible things that WBEN has allowed on its air. Pergament’s criticism of WBEN management is beside the point, 

Additionally, Bauerle is an influential voice in the community and should be held to a higher standard. He has constantly used his daily show to oppose Gov. Cuomo’s NY SAFE Act.

Yes. I have acknowledged that this is a good argument in favor of disclosure. 

However, politics is a secondary issue of this story. The primary issues are the safety of the community and how a radio station can keep a guy on the air who has exhibited such bizarre behavior without giving him enough time to recover.

How can you reach this conclusion without a medical degree or an examination of the patient? Bauerle expressly addressed this on Monday, explaining that he was medically cleared to be on the air, that WBEN gave him unlimited time to get himself right, and that he was on-air of his own volition. He sounded perfectly normal. 

I don’t know. It seems to me that a lot of the arguments in favor of publication come from a base, ‘screw that guy’ place. Many other arguments are, ‘we should know because we deserve to know’. That’s not enough for me. Whatever. 

Radio in a Podcast World

Starting July 29th, right-wing radio in Buffalo will see a massive shift. Septuagenerian soprano “Sandy Beach” will be moving to the 9am – 12pm timeslot now occupied by a very strange person. That person, Tom Bauerle, will be moving to afternoon drive, and occupy an extra hour; 3pm – 7pm.

It makes perfect sense for WBEN to do this. The 9am shift begins just as most people are arriving at work, and in most cases that hinders employed people’s ability to listen to, or participate in, hate talk. Moving a moralizing elderly curmudgeon into a time slot where moralizing elderly curmudgeons and shut-ins can listen and share their boundless outrage makes sense. Likewise, it makes sense to put Bauerle in a timeslot where people who work for a living can actually listen to him in their cars, where most people listen to the radio.

This presents a conundrum – because Bauerle doesn’t so much run a talk show as much as he runs a low-rent Infowars clone where dissent is Teutonically strengstens verboten. How is he going to manage the fact that actual employed people are going to be able to listen to his schtick, and may call in to disagree with him? Just screen them out, or will he show people what hot shit he really is and try to defend his positions? Echo chambers are boring if you maintain an iota of critical thinking skills.

As always, I recommend that people with any such critical thinking skills listen to WBFO at 88.7FM, and that people who want to be entertained listen to Shredd & Ragan during morning drive, or spring for a SiriusXM subscription and choose from any one of a number of entertaining shows (I prefer Howard Stern). Barring that, there’s a wide variety of podcasts available, including everything Trending Buffalo is doing. Other than that, local radio is a swamp of mediocrity.

Dyster Refuses to Appear in Entercom Promotional Skit

This morning, our local morning conservative advocacy radio station “News” radio station ambushed Niagara Falls Mayor Paul Dyster in-studio. Mohawk radio commentator John Kane was also in-studio because he happens to host a native American themed radio show on another Entercom-owned AM radio station, WWKB. (Kane’s is one of the only locally-produced shows on KB). Kane is outspoken in his support of Indian causes, and has been blisteringly critical of various New York State bureaucrats and elected officials. 

Dyster wasn’t told there’d be a debate, wasn’t told he’d be attacked or criticized, and appeared simply to discuss the deal the Senecas reached with the State yesterday, which will release $89 million in withheld Seneca casino payments to the City of Niagara Falls. 

As with all litigation and adversarial proceedings, the parties were not seeing eye-to-eye during the process, and things were done and said that have now been excused, forgiven, compromised, and set aside. With yesterday’s settlement, Cuomo went so far as to acknowledge that the state had done the Senecas wrong, and everyone walked away happy with the outcome. 

Except John Kane, who spent the morning seated next to the Niagara Falls mayor, accusing Dyster of having behaved horribly, and otherwise relitigating the last several years’ worth of conflict that another Indian Nation had been engaged in with the State of New York and City of Niagara Falls. Dyster hadn’t come there to be insulted or falsely accused. 

No longer a News outlet, WBEN has actively made itself and its fellow Entercom employee part of the story. 

My God, the mullet : news ratio is way too high at Entercom. But surely the bright and intelligent folks who listen to conservative talk radio have nothing but reasonable, conservative things to say about it all? 

Chris Clinton and Edwin Rajewski obviously don’t like DEMONcrats like Paul Dyster, but they go so far as to change Dyster’s name to “Dykster”, invoking a word used to express hatred and homophobia to homosexual females. That seems irrelevant, doesn’t it? Given WBEN’s penchant for reading idiotic Facebook posts on the radio, (including, but not limited, to the tragic sadness of having morning straight-news anchor Susan Rose reading “el-oh-el” over the air), why weren’t the “Dykester” comments given that treatment? 

But lo, here comes Erie County resident and anti-Maziarz, anti-Cuomo concern-troll John L. “Rus” Thompson – the first name in compromise and diplomacy

What I know is that you usually show enough deference to an elected official to let him know when he’s walking into an ambush on live radio. What I know is that it is bad form to relitigate all the real and perceived slights you’ve absorbed during an adversarial process in public, on the air, the day after a compromise settlement has been reached; especially if the person doing the relitigating wasn’t part of the dispute in the first place. 

Mayor Dyster could have sat there and taken insult after insult from some radio guy doing promotion on Entercom for his Entercom show, but he was not wrong in getting up and letting the station know that he hadn’t agreed to that.

UPDATE: to underscore that this was little more than an Entercom-generated publicity stunt for a show no one listens to, read Entercom operations director (and Susan Rose’s husband’s) obnoxious admission that Dyster was ambushed, and praising his radio host for turning himself and the station into the story. 

Thankfully, More WNYers Listen to Country Music

A few weeks ago, I criticized Buffalo’s worst Brian Griffin impersonator for asserting that the United States government is a greater threat than al Qaeda. This coming from someone who was a big supporter of Bush-era, post-9/11 fearmongering, who was a huge supporter of the Patriot Act, an Iraq War backer, and who enjoyed labeling opponents of Bush-era policies as traitors. The irony is delicious. 

Now, this: 

Anyone who disagrees with Bauerle’s weltanschauung is, nowadays, simply a member of the “lunatic left”. More irony, as he posts a link to an idiotarian birther website to “prove” his point. But what is actually shown at that WND link? Is there some confirmation there that Americans tend to agree with Mr. Bauerle’s conclusion that Islamic jihadist terrorist organization al Qaeda is a more desirable master than the participatory representative democracy of the United States? 

No. 

What’s shown there is something that -for WND.com – is uncharacteristically reasonable and completely believable. 

Now admittedly, the author at WND has reading comprehension skills that are as poor as that of the AM morning zookeeper who is #2 to country music in the nation’s 56th largest market

According to a pair of recent polls, for the first time since the 9/11 terrorist hijackings, Americans are more fearful their government will abuse constitutional liberties than fail to keep citizens safe.

Even in the wake of the April 15 Boston Marathon bombing – in which a pair of Islamic radicals are accused of planting explosives that took the lives of three and wounded more than 280 – the polls indicate Americans are hesitant to give up any further freedoms in exchange for increased “security.”

Wait a minute. Being hesitant to give up freedoms doesn’t equate with “fear” of government. 

A Fox News survey polling a random national sample of 619 registered voters the day after the bombing found Americans responded very differently than after 9/11.

For the first time since a similar question was asked in May 2001, more Americans answered “no” to the question, “Would you be willing to give up some of your personal freedom in order to reduce the threat of terrorism?”

Of those surveyed on April 16, 2013, 45 percent answered no to the question, compared to 43 percent answering yes.

In May 2001, before 9/11, the balance was similar, with 40 percent answering no to 33 percent answering yes.

But after the terrorist attacks of 9/11, the numbers flipped dramatically, to 71 percent agreeing to sacrifice personal freedom to reduce the threat of terrorism.

To me, it doesn’t mean that Americans fear government. Instead, it means people have lost their fear of terrorism. It means that America is growing up and understanding that one’s constitutional liberties must be preserved, protected, and maintained even in the face of occasional mayhem, death, and cruelty. It means that the terrorists have lost if we no longer fear them to the point where we agree willingly to sacrifice our liberties and our way of life. 

Not everyone lost their minds when Obama was elected and then re-elected. 

It takes an especial kind of intense hatred and ignorance to draw the conclusion that WND and WBEN’s shining star make here, but it’s what you get when you live in a country with the freedom to speak even the most rank stupidity – so stupid that it reveals your prejudices and your inability to engage in logical thought.

By not “fearing government” and instead fearing terrorism after 9/11, we let too many things go. Patriot Act, overdone security porn at airports, billions to equip police with military equipment, and a detention center in Cuba that is nothing more than an air conditioned, extralegal death row. Americans indeed need to take back our liberties – liberties that were deliberately and systematically abused and withdrawn by the prior administration Mr. Bauerle contemporaneously adored. 

We don’t win the war on terror by indefinitely detaining bad guys – we make more bad guys. We don’t win the war on terror by raining ordinance on remote Pakistani or Yemeni villages using drones – we make more bad guys. Ultimately, we need to understand that there will always be bad guys who want to do us harm, and we can do what we can to keep us safe, but not to the point of fundamentally changing what America is. 

That police power vs. safety debate is an important one to have, but when dishonest cretins misapprehend what it’s all about, and use lies to inflame the hatred and fear of people too dumb to click the link and read, then there’s no debate to be had. They just need to be told to go to hell

Libel and Hopeful, Anticipatory Racial Animus

Yesterday afternoon, the FBI released photographs of the two suspects wanted for the Boston Marathon bombing. Despite being Bababooied by some cretin from Alex Jones conspiracy site “infowars”, within 6 hours after their images being released, the two were located in Cambridge and on the run. In the meantime, one was shot dead and injured by his own bomb in a shootout, and the other is the subject of a massive manhunt in and around Watertown – a suburb just to the west of Cambridge. 

But on the day of the bombing, Rupert Murdoch’s New York Post was alone in reporting that 12 people had died in the bombing. It reported this relentlessly until police confirmed that only three had been killed.  No correction, it just stopped. 

Maybe the fact that the Post can’t hack people’s emails and voice mails has adversely affected its reporting quality. 

Throughout the week, amateur sleuths on 4chan and Reddit have been poring over raw images and video of the marathon finish line to try and find out who did it. Running guy, guy on roof, guys with black caps – all were ultimately cleared. But there was also the tan kid with the blue jogging suit with the Nike duffel and his friend with the white cap and a black backpack. 

On Wednesday, the New York Post basically named blue jogging suit and his companion as the suspects. Put their image on the front page. 

Turns out, blue duffel is a nice kid from Revere who is a track star and was supposed to run the Marathon, but ended up being guilty only of being a Moroccan immigrant.  Gawker wants to know why the New York Post’s editor remains silent about his alleged pigfucking, alcoholic incompetent racism”. By 2pm, the Post had to – probably reluctantly – acknowledge that these two weren’t the bombers. 

American fascist, squadristi commentators were drooling over the possibility that the marathon bombers might be Arabs. 

These were taken yesterday from a publicly accessible Facebook page that is branded and operated by the Entercom Corporation. Ha ha they don’t look like Irish kids, these two innocent Arab-Americans who happened to be in the area of the first bomb.

Entercom’s Facebook Page’s terms of service read as follows, 

When posting on our page, please respect the views of other members and users of our page. Everyone is entitled to their own opinion, but please bear in mind the often sensitive nature of our work and the views and opinions of those that use our services. Entercom will not tolerate racist, homophobic, sexist or abusive comments and will remove any post or content from our page which, in Entercom’s opinion, is likely to cause distress or upset to other users of the page. Please note that our page is accessed by minors and accordingly posts and contributions should be suitable for individuals of all ages. 

Entercom reserves the right permanently to remove unsuitable content from the page and shall have no liability for any loss or damage caused by or in connection with such removal. Repeat offenders will be blocked from contributing to the page and Entercom accepts no liability for any loss arising out of or in connection with such removal. Entercom may report to Facebook all users posting inappropriate or offensive material and shall not be obliged to reinstate any individual it blocks.

Entercom tolerates nothing but racist, homophobic, and abusive comments. Even from its own hosts – both on Facebook and on the air. 

We don’t know the race of the two suspects, (some names have been floating around, and AP is reporting that they’re brothers from Chechnya. None of it has been confirmed on the record), and it doesn’t much matter. Wherever they came from, they are terrorists and they are murderers. One is dead, but the other – we can only hope – will be apprehended and then sent into the general population at the local holding center. 

For anyone to gleefully speculate – based on libel – on the race of the suspects reveals a dramatic lack of humanity and decency. I hope Nike duffel kid and his friend get some very good and aggressive legal counsel.

UPDATE:  Never one to acknowledge fault, the felinophile fascist has another smart take this morning. 

Humanity and Society

Yesterday, unknown person or persons perpetrated an unspeakable and senseless crime against innocents in an American city.  Three people are dead, over a hundred injured – people who got up yesterday morning, got dressed, went over to Boylston to watch people finish a marathon. People like you and me. Videos showed timed, coordinated bombings going off along the Boylston Street terminus of the Boston Marathon, designed to inflict massive carnage in crowded groups of celebrants. 

There’s no sense in trying to speculate who might be behind it until there’s actual news reported about it. For instance, one would have been dramatically misinformed had he relied on the horrible Murdoch rag the “New York Post” for news about the attack. 

Some people are insufferably horrible – especially those cynical vampires who make their living by being conspiratorial, paranoid idiots. 

Boston was my second hometown, and I’m sick over this. We live in a dangerous world with a lot of crazy people, and there’s absolutely no way that we can always prevent bad people from doing horrific things, no matter what we do. 

But if you’re one of those people who see a tragedy and immediately speculate – without any proof, evidence, or information – as to the perpetrators or cause of a horrible terrorist act like this, you’re just a horrible person. Is it hillbilly militiamen protesting tax day? Is it brown-skinned people with accents? If those are the questions you’re asking right away, you’re an idiot.

If, like conspiracy salesman Alex Jones, you’re suggesting that the government is behind it, you deserve nothing but scorn and humiliation.  If, like newly minted glibertarian but former Bush supporter, Patriot Act backer, Iraq War microphone belligerent, and security-porn enthusiast Tom Bauerle, you warn against “liberties” being taken away, you’ve missed the point of anything important about humanity. When you think about how a tragedy such as this affects your personal comfort, while 400 miles away an 8 year-old dies and people struggle with catastrophic injuries, you’re sort of a monster.  

Humanity makes me sick when innocent people are murdered or attacked without cause or provocation, but also when it worries about how others’ misfortune might affect their individual political prejudices.

Obama, Satan, and Spelling

Ha ha! A tee vee show about a 2,000 year-old work of fiction hired a Moroccan actor to play a fictional bad guy, and he looks sort of like President Obama! Let’s talk about this! This is important business! Can you imagine? The devil looks like Obama! Well, more accurately – the guy the producers hired to play the “devil” resembles President Obama.

This must be important because even WBEN is talking about it! And the comments from people who are apparently not at all embarrassed to use their own names are predictably ignorant and hateful. Also, spelling. 

 

Get me out of here. 

Bias in the Newsroom

Next time you listen to a newscast – a purportedly straight newscast reported-on by Steve Cichon or Dave Debo, or anchored by John Zach and Susan Rose – remember that this banner is now hanging in that station’s newsroom: 

That’s after the station spent all day last Thursday “covering” this anti-gun rally in Albany, joining with Carl Paladino to sponsor a bus caravan of WBEN listeners to the rally. 

The funny thing is that protests in Albany are a dime a dozen, and the only novelty about this one is that it was populated by underemployed conservatives who are not used to activism that goes beyond stating their name and location for a call screener. 

WBEN’s blatant anti-SAFE Act propaganda and agitation are all well and good, I suppose, but the station should no longer masquerade as a straight news outlet. It has crossed the line into issue-based PAC and should register with the Board of Elections. Thursday’s newscast and subsequent talk shows were nothing more than an infomercial for people who think that limiting magazine capacity from 10 to 7 rounds is “tyranny”. 

Buffalo Talk Show Host: al Qaeda better than the Government

On January 24th, during the 11am hour, Entercom’s WBEN talk show host Tom Bauerle and his guest, Assemblyman David DiPietro (R-147), discussed what they consider to be constitutional jurisprudence, the supposed coming confiscation of all guns, how Obama has destroyed America, and the fact that armed citizens must be ready and willing to assault and murder law enforcement when they come to take your guns. All of this semi-informed nonsense culminated with Tom Bauerle exclaiming, “I regard the [US] government as a greater enemy than al Qaeda”. Because? Because guns. 

Bauerle2

Tom Bauerle and al Qaeda: besties.  This guy is a never-ending compendium of lowest-common denominator derp. 

Buffalo’s ultra-right wing is always lurching from manufactured outrage to conspiratorial fever-dream, and has WBEN’s morning host Tom Bauerle to act as its lurcher-in-chief, spokeschampion, and ur-patriot. Last week’s outrage involved the New York State gun legislation that was recently passed by overwhelming state senate and assembly majorities. Signed by Governor Cuomo, New York’s gun regulations rank among the toughest in the United States, and people who take issue with them promise to fight them through litigation. 

That is, after all, how our system of laws; our representative democracy with its checks and balances, is intended to work. 

It’s the sort of thing that gets a particularly uninformed and ignorant part of the community angry and riled up. These are people who bastardize Martin Niemoller’s famous quote about encroaching fascistic tyranny into, “first Hitler came for the Germans’ guns” and “then Stalin came for the Russians’ guns” and they were just given up willingly, and so Europe endured genocide and war. This is all part of the “fight tyranny” falsehoods that people have built into the 2nd Amendment, whose true purpose was to ensure that the United States – which did not have a standing army at the time – could call up militias who would already be armed, in order to defend the country against its foes. Nothing in the Constitution, nor in the case law, nor in the vast volumes of statutes of the United States gives citizens the right to take up arms against the government. 

Being the constitutional scholars that they purport to be, one would expect Mr. Bauerle and Assemblyman DiPietro to be somewhat familiar with the 5th Amendment’s Taking Clause and its interplay with the 14th Amendment’s Due Process Clause, which together stand for the proposition that the government cannot arbitrarily take one’s private property without due process. Instead, derp. 

At one point, Assemblyman DiPietro alleged that his legislative colleagues have no respect or understanding for the constitution; that they consider it to be a nuisance. Such inflammatory talk from someone who is himself so fundamentally ignorant of Constitutional jurisprudence is despicable. Perhaps the 5th and 14th aren’t taught as part of the BBA program at Wittenburg University, nor must they make up part of the communications or history curriculum at UB, however this doesn’t mean they don’t exist. Derp. (Hey, what part of “shall not be infringed” does Antonin Scalia not understand, AMIRITE?)

Turning to the radio program in question, lest anyone think I heard it live, here’s how I found out about it on Thursday, January 24th: 

Here is the clip, within its context, with Assemblyman DiPietro’s comments immediately preceding it: 

Bauerle and al Qaeda: Besties

And this wasn’t some fluke: 

183 people like that. Several more left encouraging comments, (all [sic]) like Richard Wheeler, who suggests that this is “counterrevolution. The dems drew first blood”. Laurel Krupski thinks it was “Well said !!” Kale Crum says, “The one thing thats preventing a full on revolution is the air cover the US military currently has. The only way thats mitigated is if there is a secession and the leaving states claim ownership of airbases and military equipment in state. I see it coming and hopefully can get a shot in before i myself am taken out. Snipers Unite!!!!” At least one commenter, Jim Walczak, brought up a discredited, false quote from Josef Stalin. Because guns go with derp. 

Here we have a talk-show host, employee of a multimillion-dollar public corporate entity, taking to the publicly owned airwaves and to a corporate-sponsored Facebook page to talk about armed insurrection, and to favorably compare al Qaeda to New York and the United States. Wow. 

I know that Bauerle is a conspiratorial birther, but I have yet to see the proposal to turn America into a part of al Qaeda’s global caliphate.

In fact, Obama comes under much criticism for maintaining a “war on terror” policy whereby unmanned drones are used to target suspected al Qaeda terrorists. I am not, however, aware of any government policy encouraging or permitting the deliberate or indiscriminate targeting of civilian non-combatants. When you see Governor Cuomo or Hillary Clinton post a video to the internet wherein he and some cabinet henchmen behead a captive, you let me know. When the state sets up a paramilitary training camp to train terrorists to mass murder civilians, you let me know. When Shelly Silver hijacks a plane or three to hurl it into some landmarks, you give me a holler. When Harry Reid or John Boehner dons a suicide bomb and detonates it in a crowded shopping area, text me. 

As for Assemblyman DiPietro, he was perfectly content to stay on the line and talk with Bauerle through another several segments after Mr. Bauerle expressed his comparative admiration for al Qaeda. But he didn’t hear that; Mr. DiPietro released this statement: 

I was interviewed via telephone Thursday by WBEN’s Tom Bauerle. I have a great deal of respect for Mr. Bauerle and I am a fan of his show. I did not hear him compare the New York State government to al Qaeda. As a legislator, I am a member of the New York State government and I do not believe we are the moral equivalent to the world’s most dangerous terrorist organization.

There you have it – a sitting Assemblyman appearing on a radio program in Buffalo, NY, having to issue a statement disavowing the radio host’s statement that the United States is a terrorist organization? These sorts of discussions didn’t, interestingly enough, take place when, e.g., the government made up stories about Iraq developing weapons of mass destruction and nuclear weapons in order to start a war.

You can disagree with the new gun laws the state passed. You can protest them. You can move to another state. You can file a lawsuit to challenge it. You can do just about whatever you want, within the law. You can even go on the publicly owned, privately licensed airwaves to favorably compare al Qaeda to New York State, if you’re a complete mental defective who spends time on the radio advocating secession and civil war, riling up every gun nerd with a micropenis and an AM radio. 

Indeed, to the extent Bauerle’s political speech doesn’t make the shift into armed insurrection or outright treason, he has every right to say or write whatever idiocy he wants to. But you can’t get away with saying it in a vacuum, and I – you – have every right to expose it, criticize it, and hate it. And frankly, his speech is perilously close to the kind of speech that is expressly prohibited by Article III, section 3 of the Constitution

It comes full circle – the people who remained silent during the run-up to the Iraq war tainted anyone who opposed it with the “treason” brush. But now, with a duly elected Democratic government, treason and armed insurrection is all the rage. 

I don’t quite understand why Entercom (ETM) or WBEN thinks it’s a good idea to have its commentators make stuff up about confiscation (as if Albany was going to pass a law to reimburse people for the confiscation of their guns), but Bauerle and his corporate parent Entercom are whipping gullible, already angry gun owners into a much bigger frenzy.  If they keep it up, I fear one of them will hurt someone. Maybe a cop. Maybe you. 

Nary a word was spoken about the fact that a lunatic stole his mother’s militaria in order to massacre almost two dozen first graders. Mssrs. Bauerle and DiPietro make stuff up about the Constitution and denigrate the patriotism of those who think that gun violence is a problem in this country, but they cavalierly reject any notion that people – that parents – have a right to be free from gun violence that is at least equal to their right to arm themselves against some fantasyworld. Assemblyman DiPietro argued that humans have always been violent; after all, Cain killed Abel. 

Constitutional questions should rarely be settled with allusions to Biblical allegories. 

In the meantime, who will protect us from the tyranny of the angry, violent, and misinformed 2nd amendment revisionists? 

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