To The Person Who Is Reading This Open Letter About This Open Letter

Let me first say, thank you.

This open letter hasn’t had an easy life. It started out as nothing. The bills were piling up. Family and friends had lost faith in its ability to get done.

And slowly with the help of a few good samaritans like yourself, it’s blossomed into the series of words that you’re reading right now.

You saw this open letter hitchhiking around on the information super highway and instead of driving past it, you stopped and you gave this little open letter a chance. Counted out by so many, this open letter had no one to turn to, and you stepped up.

You didn’t clap for my super un-athletic kid playing sports. You didn’t pay for my expensive Starbucks drink which, let’s be honest, I only get on the slight chance someone in front of me will pay for it. And you didn’t leave me a smile as a tip, which my student loan officer continues to refuse as payment.

The truth is, you didn’t have to click on this open letter at all. And you didn’t have to read this open letter, which thanks you for reading this open letter you didn’t have to click on. But despite the adversity placed in your path, you forged ahead and proved that you did read this open letter.

It’s not a perfect open letter, and will never claim to be. And yet, like people, that’s what makes open letters great, the imperfections. But you know what is perfect? Your curiosity.

Thank you.

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Response to Proposed Army Surplus Handgun Sales Is 'Blind Leading the Dumb'

There’s a gun nut in Alabama named Mike Rogers who represents the 3rd Congressional District, an area which includes the town of Anniston. And every gun nut like me knows Anniston because it’s the headquarters of the Civilian Marksmanship Program, aka the CMP. One of the easiest ways to get certified as a gun nut is to buy a rifle from the CMP. I bought two of the surplus M-1 Garands, one an original made at Springfield, the second a 1950s makeover turned out by Harrington & Richardson located right up the road in Spencer, MA.

Congressman Rogers, like most Republicans, has no trouble pushing government spending if the money is somehow connected to the military and the result is to create civilian jobs. So he’s attached an amendment to the 2016 military spending bill which changes the law covering the CMP. If the amendment stays in the bill, from now on civilians will not only be able to purchase rifles, but all “firearms” that the Army considers to be surplus and thus available for anyone to buy. And it further turns out that the Army happens to be sitting on 100,000 old Colt 45 pistols that were first brought into service in 1911 and then replaced by the Beretta 9mm beginning in 1981.

There are probably more pistols built on the Colt 1911 frame than any other handgun ever made. Commercial models newly manufactured by various companies sell quite well; hundreds of thousands manufactured overseas have been imported back into the States. I have probably owned at least a dozen Colt 1911s since I bought my first commercial model in 1976, but the ones that were made for the military and are stamped “United States Property” are few and far between. As opposed to the M-1 Garand and Carbine, of which the Army has probably sold off several million guns, the pistol has never been made available to the civilian market, although on occasion one pops up here or there.

The problem that gun nut Rogers has encountered, however, is that the Army doesn’t appear willing to go along with his scheme. Last week the military sent a memorandum to Congress citing concerns about public safety, accountability and possible violations of federal gun laws that needed “additional study” before the CMP’s charter could be revised. In brief, the Army feels that these handguns, as opposed to CMP rifles, would be released to the public through unverified, online sales, therefore could not be traced by the ATF, and would therefore be a violation of the Gun Control Act of 1968. And don’t think that the Army made this up on its own because the document cites as its source for this information none other than the DOJ.

This document is a quintessential example of the blind leading the dumb, or maybe the other way around. The CMP ships all its guns from and to federally-licensed dealers; purchasers must fill out a NICS background check form and agree that NICS must approve the transaction before the gun is released. Judging by my experience when I bought my Garands, the CMP creates a larger paper trail for each transaction than anything done in the local shop. Incidentally, although the Army cites DOJ as the source for this misinformation, the DOJ no doubt was given this nonsense by those regulatory geniuses at the ATF.

Given the stink that was made over the ATF’s attempt to ban some .223 ammo, you would think that the gun lobby would be yelling and screaming about what is a bona fide violation of 2nd-Amendment rights. But while some of the pro-gun blogs are blazing away, so far the NRA has uttered nary a peep. And I’ll bet they continue to keep their mouths shut, because for all their talk about being the first line of ‘defense’ for gun owners’ rights, these stalwart defenders of the Constitution aren’t about to say jack when it’s the Army and not Obama who wants to keep us from owning guns.

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'For Me This Resume Will Never Be A Reality': Impoverished Girls Remind Us Why Education Is Critical

Though India is rapidly developing economically, its girls are being left behind. But that could all change if three audacious girls with big dreams have anything to say about it.

Indian girls made up 62 percent of all out-of-school children in 2008 due to a host of inequities, the Guardian reported.

Girls are often expected to spend their days fetching clean water for their families, they’re mandated to drop out and marry young or they simply can’t go to school because they don’t have the funds.

While the Salaam Bombay Foundation, a group that works with 50,000 children in Mumbai, has seen an uptick recently in the number of girls who are interested in pursuing education, it didn’t have the resources to support the growing need.

So, it tasked three of its brightest pupils with applying for real-world jobs to inspire corporations to get involved.

With the help of a recruiting agency, the participants drafted resumes based on their ambitions and dressed in business casual attire for their interviews.

It dubbed the campaign the “Resume Project.”

While the hiring managers were shocked to see pint-sized aspiring professionals before them, they were perhaps most stunned when they reached the bottom of each resume the girls submitted. In bright, bold letters, the final line read: “For me, this resume will never be a reality. But you can change that.”

Within a matter of a month, the foundation received enough funds to educate more than 200 girls.

“These girls have taken the first step,” Sulaksha Shetty, who works at Abbott Healthcare, said in the PSA produced by FCB Ulka. “I think now it’s our turn.”

To take action on pressing education issues, check out the Global Citizen’s widget below.

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Nicki Minaj And Beyoncé Have An Awesome Summer Party In 'Feeling Myself' Video

Tidal subscribers were in luck on Monday when Nicki Minaj and Beyoncé dropped the video for “Feeling Myself” exclusively on the streaming service. The song, which appears on Minaj’s “The Pinkprint,” first leaked online last December. And now the video for “Feeling Myself” has leaked.

In the video, Minaj and Queen Bey play with squirt guns in inflatable pools in pink fur coats, eat cheeseburgers in a bounce house, have a champagne pool party and share Now and Laters. It’s pretty much the summer party of your dreams. (And proof that bucket hats only look good on Beyoncé.)

tv show gifs
Image via Tumblr

Beyoncé previously released her video for her new song “Die With You” on the artist-owned streaming service last month. Soon after, Rihanna released her video for “American Oxygen” and Jay Z released his music video for “Glory” via Tidal. There are also rumors that a possible Jay Z and Beyoncé joint album will exclusively premiere on Tidal, proving that the streaming service is serious about rewarding its users, especially after Jay Z’s special Tidal shows over the weekend.

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Evil Back Upon Itself Recoils

The Eurozone is playing a dangerous game with Greece. Officials are treating the Greek crisis of payments as a liquidity problem. And that’s true as far as it goes. But Milton’s famous line from Paradise Lost in the title of this post may still be true for the European Union.

Greece nearly couldn’t pay its debt to the International Monetary Fund (IMF) last week. Greece was able to pay the IMF only by withdrawing its own emergency funds left on deposit at the IMF. Obviously the IMF gained nothing from having Greeks withdraw money they had deposited in the IMF in order to pay the IMF.

Nevertheless, Eurozone officials and financial reporters keep referring to Greece’s problem as a payment-on-time problem. That kind of problem is indeed what set off the toppling of the US financial system at the start of the Financial Crisis of 2007.

But it isn’t the same with a sovereign nation like Greece. Greece simply has no more money to pay anyone–ever. That, my friends, is insolvency, or more popularly put, imminent bankruptcy, not merely a liquidity problem. The IMF, ECB, and European Union are trying to squeeze Greece when it has no more juice left.

Without European loosening of restrictions on the country, Greece will not only default; it may lead to the default of three other countries in the European Union: Italy, Portugal, and Spain.

A ranking of the debts of national governments can be seen easily using the debt to GDP (Gross Domestic Product) ratio of each nation. The lower the ratio the healthier the country’s economy is. A government debt to GDP ratio of over 90 percent, however, is deemed being in the ‘danger zone’.

In 2015, Greece’s debt to GDP ratio is 177.1 percent –after rising steadily every year except 2013 from 100 percent back in 2006.

Three other countries out of the five in Eurozone that have been contemptuously labeled with the Acronym PIIGS also have debt-to-GDP ratios near or over 100 percent.

Italy’s ratio rose to 132.1 percent in 2015–up from 105.9 percent in 2006.

Portugal’s ratio ascended steeply upwards to 130.2 percent in 2015–up from 62.8 percent in 2006.

Spain’s ratio grew to 97.7 percent in 2015–up from 43 percent in 2006.

Clearly the austerity policies demanded by the European Union of Greece haven’t worked for these three other countries either.

The remaining PIIGS country, Ireland, is the only nation that seems to be heading into the black. Ireland’s debt-to-GDP ratio grew from 27.2 percent in 2006 to 123.2 percent in 2014. But so far this year Ireland’s debt to GDP ratio has dropped to 109.7 percent.

The possible bankrupting of at least three more Eurozone countries after Greece is perhaps the prospect that impelled Mario Draghi, the head of the European Central Bank, to start buying short-term bonds of these other three failing Eurozone countries through quantitative easing.

Analysts say Draghi hopes to raise prices of Spanish and Italian bonds, in particular, thus helping these countries finance their debts at lower interest rates.

Yes, quantitative easing (QE) worked for the US, but the United States was not facing insolvency. In 2006, the United State’s debt-to-GDP ratio was 63.3 percent. In 2008, the US government debt to GDP was only 65.8 percent.

As the crisis began, the Fed simply needed to backstop the private financial system that couldn’t pay its debts on time. The Fed and other government agencies did this through government purchases of debt from corporations “too big to fail”. But they didn’t need to bail out the US government itself.

US quantitative easing involved purchases of bank debt, mortgage-backed securities, as well as Treasury notes. The Fed ultimately bought 4.5 trillion dollars of these long-term debts. Draghi, on the other hand, seems to have been anticipating serious short-term fallout from Greece’s imminent bankruptcy in buying shorter-term sovereign debt from Eurozone countries.

But here is the lesson for Europe from the United States. After the Fed took onto its balance sheet $4.5 trillion dollars, our US government debt to GDP ratio grew steadily from 65,8 percent in 2008 to 101.53 percent in 2014,

While the US debt to GDP ratios for the years from 2012 to 2014 have all hovered close to 100%, the US too is clearly now a nation in the ‘danger zone’ when it comes to paying its debts.

So, is the Eurozone playing with fire? Can the European Central Bank really afford to take on the debt of at least three other PIIGS countries while casting the Greeks loose to face a fate as unpleasant as that of Odysseus and his crew in ancient times?

Will the new Greek Odyssey have a happy ending, or could Greece take the rest of Europe down with it?

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Jenny Morgan: Growth and Renewal

I’ve been holding off writing about Jenny Morgan’s work because I’ve had trouble figuring out how to look at it. It is very beautiful, but of a kind of formal beauty which tends to push me out of a painting. This is a weakness of mine and I am working on it.

Until very recently, I hadn’t actually seen her work in person. Let me share with you the experience of seeing it at a remove, and then describe how physical presence adjusts that impression. Here’s a painting from her current solo show, “All We Have Is Now.” This piece is fairly typical of the aesthetic she’s developed over the past few years.

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LINK, 2014
Oil on canvas, 84 x 60 inches

Familiar elements include the layering of a nearly monochrome, front-lit tonal rendering of the female nude over a sherbet-like varying color field, hyperclarity and darkness of hair, nipples, and belly button, blurring of the face, and crisp edges where figure meets flat, bright ground. There is a kind of industrial perfectionism to this approach. The delicate layering allows no corrections to errors made during the rendering. The pristine ground prohibits the canvas from getting even slightly dirty during the painting. Stephen Jay Gould remarks that a perfect evolution erases its own history, and Morgan paints to erase the history of her work; process is nothing, goal everything.

So fierce is her will to control that she has recognized and incorporated into this aesthetic her own, and the viewer’s, need for mistakes, for chaos. She provides two safety valves to avoid total procedural determinism:

First is the unevenness of her sherbet-field. The gradient from red to pink to orange to yellow under the two women is uneven and washy. It could be perfectly smooth, but it isn’t, it never is in her work. It lets in a little breeze of the unpredictable.

The second valve is the blurring of the faces. As far as I can tell, she’s sanding down finished renderings, wiping away her own work and possibly augmenting the faded features with dark streaks. This too is an unpredictable procedure, this attack on completed work. Apart from any narrative meaning it holds, it transmits a sense of danger, of risk – the face is the most important part; how much will she wipe away before her painting is destroyed?

And yet, each of her paintings makes use of this same toolkit, with most of the elements under total control, and the messy bits corralled in their right places. I have found their foregrounded graphic design and their utterly polished quality alienating. I could see that they were beautiful, but I did not want to look at them.

When I finally got around to seeing them in person, though, I was reminded of something my friend Kelly Nichols once said. I was guiltily confessing to wanting some new Apple product for no particular reason except that it was awesome. Kelly, who is a brilliant and enigmatic designer, said, “Since when is awesomeness not a valid consideration in evaluating a technology?” I hadn’t considered this point of view.

I had occasion to consider it a second time looking at Morgan’s work in person. It is, if anything, more perfected in person than in photographs – she is quite willing to place a highlight on a single point of the canvas where warp and weft overlap to create a tiny bump. Her figures are scaled monumentally, at perhaps 1.5 times life size. Morgan herself is very small, and if she is anything like many other small women I have met, she is interested in strategies for claiming the space she deserves in the world. Many of her paintings are self-portraits; in them, her grand interior scale leaks outward, like the TARDIS on Trenzalore. To me this is very likable, her transmutation of a personal circumstance into an aesthetic of authority.

It is easier, in person, to make room for what Morgan’s work is offering, and to stop asking it for what it does not have to give. It has tremendous formal beauty, focused ambition, a strange but first-rate set of technical skills, and a charged creativity of composition. Its intense graphicality, coloring, and proficiency give it a Cupertino feeling; perhaps it references psychedelic posters, but for me, it is more sympathetic with the iPod or the Balloon Dog, and their finite and distinct catalogues of colors. Awesomeness, as we use that word now, seems like a fair way to describe it.

Morgan’s work has so rigorous a degree of precision that it exhibits a bias toward fixed literary meanings conveyed through visual symbolism. Consider HEAVENFACED, completed not long after LINK:

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HEAVENFACED, 2014
Oil on canvas, 24 x 18 inches

Here we have the classic scenario of a figure and its reflection, in which the figure’s gaze is offset from our own and yet, uncannily, the reflection meets our eye. Atop this narrative proposition, Morgan layers a scenario in which the real figure exists in a world of hard edges, and the reflected figure in a spooky fading world where the individual features wash away. Only the intense but distorted eyes remain, which is to say, awareness remains. The reflection lives in a haunting world of awareness which is different from our own familiar plane. And yet, the right eye of the real figure is beginning to exhibit the same blur as the reflected image. The reflected world is bleeding back into the real one. So what are we to make of the direct contact the reflected gaze makes with us, the viewer? Must we blur too? We have here three figures – two of her and one of us – in a striking evocation of a familiar literary concept, aphorism 146 from Nietzsche’s Beyond Good and Evil: “when you gaze long into an abyss the abyss also gazes into you” – or, more generally, you will tend to become the thing you gaze upon – including yourself, including enlightenment.

For all that seeing these paintings in person reconciled me with them, I do not think I would feel so compelled to write about them if Morgan were not already growing past them. This is no small thing. If you go to her website, and study her work from 2009 to 2014, you will see her refine the toolkit we’ve been discussing. There used to be more elements to it, and less skill. Sometimes roughnesses crept in at the edges. With each painting, she has thrown something away, and improved her execution of the elements that remain. Having reached, at last, a purified form of her initial impulse, you would think she’d stick with it for a while. It is testimony to her seriousness as an artist that she grew restless right away.

We turn now to early 2015, and find that she has brought a skeleton into her studio.

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IN THE MOMENT (DEATH HYMN), 2015
Oil on canvas, 56 x 38 inches

Well this is very interesting. You can tell it’s her first time, or close to it, dealing with this skeleton, because it has the same awkward kind of pose as a model one works with for the first time. You don’t know your new model, and your model does not know you, so between the two of you, you choose a weak or obvious or generic pose. Morgan hesitantly bends the skeleton back, letting the arms hang, and starts from there. She’s trying a new subject, and doesn’t know what it does yet.

She is also trying new tools, or at least mixing up the ones she’s got. She tries a new thing in each part: here jet black, there rendering without color, here a new algorithm for the sherbet-field, there a stain edging into the pristine yellow ground. It does not especially work for me, and yet I like very much that Morgan is so clearly laboring to shock herself out of her assumptions about how to make a picture and what to make a picture of.

Next she takes a stab at synthesizing the elements of this new paradigm with her literary sensibility:

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POV, 2015
Oil on canvas, 56 x 38 inches

We see some but not all of the elements of the first skeleton painting. The handling is surer now, the pose decisive, the color coordinated. In fact, she has imported the hanged man from the Rider-Waite tarot deck:

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Even as she is groping her way toward expression in this new territory, her choice of the tarot tells us that she is becoming preoccupied with magic. Magic takes many forms, but I think one of the important ones for artists lies in making the leap from explanation to assertion.

Artwork that explains comes stammering up to you, wanting to account for every little thing. It feels a need to justify its contents, setting up clockwork cosmologies which can only be grasped for a moment before artist and viewer alike forget their intricacies.

Artwork that asserts is content merely to be. Often it can be explained, but explanation is not its goal nor its mode of creation. It comes from a blazing core of creativity, and the artist has matured enough to trust it – to step out of its way. I think of Francesco Clemente and William Kentridge as two modern masters of assertion.

Morgan soon stops thinking about magic and begins simply performing it: she asserts.

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IN THE MORNING OF THE MAGICIANS, 2015
Oil on canvas, 72 x 60 inches

Consider how much lighter this is than the work we have been considering, how fluid in composition and effortless in aspect. The jumpy background color – gone. The rendering of the figure – gone. The individuation of the face – gone. Both the hesitation and the overdetermination of the pose of the skeleton – gone. This painting falls into the exact configuration natural to it, without the index finger of the artist nudging all the bits into position. Morgan trusts her minimal elements, and tells a very simple but open story of a dance of life and death, of weight and weightlessness, burden and flight and letting go. She reconciles in this piece the strict perfectionism of her method, which survives intact, with the demands of art, which makes so much of its home in mystery and a dreamlike flux of meaning.

This is not to say that the maturity of this piece cancels out, or even precludes continuing, the kind of work that Morgan made before. Let’s look at one last piece from the show, painted during the same period that Morgan was trying to figure out what to do with the skeleton.

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DARK STAR, 2015
Oil on canvas, 70 x 48 inches

To me this is one of Morgan’s strongest applications to date of her earlier idiom. The range of values is more pleasing, the coordination of colors more beautiful and more ambitious. The match of hue and expression on the face, that mix of vulnerability and catastrophe which seems to give the painting its name, suggest to me that the literary skew of Morgan’s work has developed into a psychological skew, a more complex and trusting means of perceiving and expressing the humanity of her figures. At the same time that she commands the medium, she surrenders to the work.

What we see, then, is that the new revitalizes the old. There was nothing wrong with what Morgan did before, except that she already knew how to do it. She was close to seeing that line of image-making, so clearly a labor of love spanning many years, wither away. In setting out to question what she did and expand what she could do, she breathed new life into her first mode of working.

This is a standing dilemma of art as a process of making. Mastering the means of making the work leads to great creativity, because creativity feeds on basic obstacles. But overcoming those obstacles often long pre-dates the heart of the artist losing interest in the given mode of working. Resolving the formal and technical problems does not mean one is done with the thirst to make the work.

Most artists, as they grow, should abandon what came before. Many do not, and go on rehashing the same few motifs for many decades. The ones with integrity let go of the past. There is a tiny third category: a few who blaze alternate paths to keeping their labors fresh. Morgan is pursuing this more difficult goal. Her path has bifurcated, and at least for now, her new ideas and her established ideas are talking to each other and helping each other along.

So this was what was so exciting for me about “All We Have is Now” – not only the specific qualities of the work, but what the body of work tells us about the still-developing process of its creation. It is a show full of discipline, creativity, growth, and hope. It vibrates with possibility, it is an unfinished, exhilarating story. Well done, Ms. Morgan, and best wishes for many years of new roads.

Jenny Morgan: All We Have is Now
Driscoll Babcock Galleries
525 West 25th Street, New York, NY 10001

until July 02, 2015
all paintings copyright Jenny Morgan, courtesy of Driscoll Babcock Galleries
tarot card via http://en.wikipedia.org/wiki/File:RWS_Tarot_12_Hanged_Man.jpg

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A Tale of Two Terrorists: Both Convicted, One Condemned to Die

This post was originally published on Truthdig.com

On Friday afternoon, after deliberating for a total of 14 hours over parts of three days, a jury of 12 Boston-area residents answered the question that I raised in my last Truthdig column about the 21-year-old convicted Boston Marathon bomber: Should we kill Dzhokhar Tsarnaev?

The jury’s answer, delivered in a 24-page verdict, was a unanimous “yes.” Tsarnaev, sayeth the jury, should pay the ultimate price. The reading of the verdict completed the penalty-phase of the high-profile federal trial.

The horrific acts for which Tsarnaev was convicted last month — by the very same jury — included killing three people near the finish line of the 2013 marathon, maiming and injuring 260 others and fatally shooting a Massachusetts Institute of Technology campus police officer as he and his older brother, Tamerlan, attempted to elude authorities. His 30-count indictment also listed charges of using weapons of mass destruction (specifically, pressure-cooker explosives) resulting in death; bombing a public place; conspiracy; and carjacking.

In January 2014, former Attorney General Eric Holder announced that the Department of Justice would seek the death penalty, which is legally authorized for 17 of the charges. Tsarnaev was convicted on all counts after being called a terrorist more than 30 times in the lead prosecutor’s closing argument.

When I learned via an iPhone alert that a verdict had been reached, I hastily tuned to “CNN Newsroom,” anchored by Brooke Baldwin.

It took a good five to 10 minutes, maybe more — it seemed a short eternity — for the first reports of the multipart verdict to appear on the crawl at the bottom of the screen. Baldwin filled the delay with reflections on the carnage wrought by the Tsarnaev siblings, discussion of the allegedly unrepentant defiance of authority that Dzhokhar showed by flipping his middle finger at a jail-cell camera and standard platitudes about how the death penalty is reserved for “the worst of the worst” crimes.

Baldwin returned to the same themes after the verdict was announced, emphasizing the last point — that under our legal system, only the most egregious offenders who have committed the most heinous offenses receive a death sentence. The message was unambiguous: A fair trial had resulted in a rational outcome.

Except that it hadn’t.

Imposing the death penalty on Tsarnaev isn’t rational, not because his jury didn’t pay attention to the evidence or didn’t listen carefully to the judge’s instructions on the law, but because the penalty itself isn’t rational.

I turned off the TV and, with Baldwin’s comments in mind, thought of Zacarias Moussaoui, the Moroccan-born French national and self-declared al-Qaida zealot who pleaded guilty in 2005 to six charges of conspiracy in the attacks of September 11, 2o01.

The following year, a federal jury not unlike Tsarnaev’s was faced with the same option of sentencing Moussaoui to death or to life in prison without the possibility of parole. Despite specifically and unanimously finding in its own lengthy verdict that the government had proved beyond a reasonable doubt that Moussaoui’s actions were “intended to cause and, in fact did cause tremendous disruption” to New York City, including the killing of 343 members of the New York City Fire Department, Moussaoui’s jury declined to impose capital punishment.

Today, Moussaoui is housed in solitary confinement at the ADX Supermax prison in Florence, Colo., along with other terrorists such as the Unabomber, Ted Kaczynski and the Atlanta Olympics bomber, Eric Rudolph. Unlike Tsarnaev, however, Moussaoui and his fellow inmates at ADX have been shown mercy.

Because I have served as an attorney of record in six death penalty cases, I know full well that every prosecution is different. Kaczynski and Rudolph, who like Tsarnaev were represented by attorney Judy Clarke, pleaded guilty and never went to trial or came before a jury. By contrast, federal prosecutors refused to negotiate a plea bargain for Tsarnaev. He was forced to stand trial, although Clarke and her colleagues acknowledged from the outset that he had committed the Boston Marathon attacks.

Moussaoui, for his part, wasn’t aboard the two hijacked airplanes that crashed into the twin towers on 9/11 and thus lacked the kind of hands-on involvement in those crimes that Tsarnaev had in his own. But the events of 9/11 caused far more death and destruction than Tsarnaev did, and Moussaoui was far more defiant than Tsarnaev, and was often verbally offensive in court.

Timothy McVeigh, on the other hand, was convicted, sentenced to death and executed for the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, which killed 168 people and injured more than 800 others. McVeigh is one of only three condemned federal prisoners who have been killed since the restoration of the federal death penalty. Of the 230 cases, including Tsarnaev’s, tried under the Federal Death Penalty Act of 1994 and its 1988 predecessor, juries have handed down just 80 death sentences, the vast majority of which remain on appeal.

All of these cases involved different facts, different perpetrators and different victims, but all were deemed morally equivalent by government lawyers who argued passionately for capital punishment.

How then can we reconcile the wildly disparate and seemingly arbitrary outcomes in such cases? How can we be sure that the ultimate punishment is reserved only for the “worst of the worst?”

Under the rules of “guided discretion” — the name given to the version of capital punishment that the Supreme Court’s 1976 decision in Gregg v. Georgia ruled constitutional — juries in capital murder cases are given the task of balancing and weighing aggravating and mitigating factors relating to the charged offense, as well as the defendant’s background and character, to determine who among those convicted defendants should be given a prison term and who should be condemned to die. The system is designed to be rational and fair and to minimize the impact of emotion and bias in sentencing. It’s also supposed to further the aims of retribution and deterrence of other would-be malefactors.

Except that the system isn’t rational; it isn’t fair; and no one except tough-talking politicians claims the death penalty has any significant deterrent effects.

Had Tsarnaev’s jury returned a verdict of life in prison, he would be on his way to perpetual obscurity at ADX. Instead, he’s looking at decades of appeals at public expense that will challenge rulings made by the trial judge on issues ranging from the denial of defense motions for a change of venue out of Boston to the way his jury was selected. Each of Tsarnaev’s juror’s had been deemed during voir dire to be “death-qualified,” meaning that unlike the general Boston population, which is strongly opposed to capital punishment, the jurors were willing to impose it.

And even after his appeals are exhausted, a new set of lawyers are likely to pursue writs of habeas corpus on his behalf, calling into question the competence of tactical decisions made by his trial attorneys, or perhaps offering newly discovered mitigating evidence about his family history from Chechnya or Kyrgyzstan.

Through it all, Tsarnaev will remain in the limelight. The surviving victims of his crimes will find little closure as death penalty opponents track the progress of his appeals, rail against the barbarity of capital punishment and writers like Yours truly pound away on their keyboards to tell and retell his story.

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The Two Most Important Days in Your Life

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Yesterday, my baby sister Mel Giegerich graduated college at Davidson College in North Carolina. Yesterday, many of your loved ones graduated as well. You attended commencement services and sat proudly in your seats beaming as you watched your loved one walk across the stage in black gown and mortarboard. You listened to powerful speeches about the next steps they will take in the world and the precipice of greatness they stand before.

I was not at my baby sister’s commencement yesterday and hoped that she accepts this love note as a small gift to the awe-inspiring woman who walked across that stage.

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Mel, Pacific Palisades CA, August 2009

Mel has championed her way through college with difficult challenges in her way. She paid for college awarded a full basketball scholarship, a blessing for a girl who did not have a silver spoon.

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Mel (left) in February 2012 / Photo courtesy of Davidson College

Between her hours of basketball training, games, psychology major, volunteering with autistic children and friend engagements, I’m lucky if I got to speak to her in the last four years. When I was in college, I showed up to row crew for a week and promptly discovered that five hours of practice a day was not something I could mentally or physically handle. Mel shoulders all of this effort with extra energy in tow.

We weren’t the type of children who had the financial easy street to college with full support from mommy and daddy.

Manic depression’s a frustrating mess. – Jimi Hendrix

We’ve become resilient. My younger sister, in comparison to me, has a lightness of being which is inspirational. In her transparency and honesty, she has taught me so many coping mechanisms I have found invaluable.

Not only does she support herself taking whatever jobs she can find to pay for whatever remaining expenses she’s had, but she spends her time taking care of her friends and roommates, making sure everyone is taken care of. She has been, since her younger years, one of the most generous human beings I have ever been blessed to meet.

When she was seven, she used to rescue bugs and other disgusting creatures in the yard, chronicling her achievements to me as I looked on with fear, a woman who hates bugs of all kinds. She would pack up her bug discovery in a glass container, screwing in the little fiend with air holes to let it breathe, and then chase me down in the yard to show me. She was the Mother Theresa of her yard, taking care of all creatures cute and not so cute with her equanimity.

The first thing you should know about my baby sister is that she’s no longer a baby and she surely isn’t the size of one. At 6’5″, my sister surpassed me in height when she was twelve years old, a discomforting feeling for the sister fifteen years her senior. I held her in my arms when she was one year old, a nugget so small I thought I would harm her with my clumsiness. Now, she towers over me like the World Trade Center and I have to wear heels to be present in photographs.

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Mel: 6’5″ and her mom Robin: 5’6″ in April 2013

Being an avid cyclist, I used to bike Mel around the neighborhood in a bike carrier fitted on the back of my bike. She would bounce up and down uncontrollably with glee making California hills an atrocious challenge. “Mel, quit it!” [giggle giggle giggle giggle] “Mel, seriously, quit it!” [giggle giggle tee hee heee heeeee]

I never told her how much these bike rides meant to me. Bike riding is my favorite activity, the two-wheeled thing I do to feel free from the chaos of the world. I got to do it with my baby sister co-pilot laughing hysterically like a hyena and that is a memory I will never forget.

We didn’t bike together again until she was twenty-one years old, this time along the coast of California in Venice Beach for July 4th.

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Mel, Brittany, and Caroline Venice Beach, CA in July 2013

This time we each had our own bicycles and her bouncing had subsided…a bit. It was equally magical to ride alongside her and her friend pointing out the odd participants of the Muscle Beach scene and merging around the tight sandy beach turns narrowly avoiding the children who never seem to have watching parents. On this trip, she convinced me to get tattoos with her and her friend Brittany.

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Quintessential Mel is that she got a tattoo which symbolized her love for her sisters: an E for Elisabeth, M for Mel, and C for Caroline encased in an infinity sign. She’s so precious. I continue to be in admiration of her spirit. Meanwhile, I got a bicycle tattoo, which in comparison made me feel like a selfish asshole.

In the summer of 1997, I was a radio DJ for a small commercial radio station called 95.5 WBRU in Providence, Rhode Island. My sister came for a visit. I invited her to the studio and ambushed her with a microphone in front of her face during my show. At first, she silently looked at the metal contraption in front of her peering skeptically from the microphone to me and back again. Then, she breathed something that sounded like a whisper and I asked her to speak up. A peep here. A giggle here. Her first radio show and as always she jumped to the occasion.

The next day, I brought her with me to the radio station’s summer concert series, a free concert held down by the water in Providence. My job this day was to introduce the bands on stage including the Goo Goo Dolls and The Specials. My sister was five years old and had no idea who any of these bands were. While I was on stage, I left her with a Yo Yo to pass the time and asked the guys from The Specials if they would watch her. I came back to find her teaching singer/guitarist Lynval Golding Yo Yo tricks which mainly consisted of her lassoing the Yo Yo around him or twirling it around in circles. They were giggling like school girls, he showing her his new kicks and she showing him her mighty flip flops. Mel became the most popular person backstage inspiring throngs of people chuckling everywhere she flitted.

While introducing another band, I returned to overhear her telling lead singer John Rzeznik from the Goo Goo Dolls that “You should really eat more. You know, you’re far too skinny Mister.” At the time, it was rumored that Rzeznik was anorexic. My eyes grew wide and I scooped her up, laughing nervously; These kids today say the darndest things Mr. Rock Star. She had no idea of course. She just smiled at me while I scurried her away.

Mel has always lived her life with an adventurous spirit that knows no bounds, a girl who always puts all the windows down every time she gets in her car. While writing this, I thought of all the wise things an older sister can say to a younger sister on the day of her graduation.

I worry about her as I have been in her shoes, about to exit the comfort of the college life and enter the world. The world immediately humbles you with its vast expectation and demands. I have risen and I have fallen flat on my face. I so want her to always rise and never fall. However, what those commencement speeches should tell all of us is a message sometimes forgotten.

Failure should be expected.

It is a part of success as it creates an understanding of what not to do, an understanding just as powerful as what to do.

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Mel, on your graduation, I want you to know how proud I am of you today and every day. I am proud not because of your physical achievements or because you are gaining a diploma on this day. I am proud because of the person you are, a generous empathetic young woman, so rare in this world. I am the lucky one, because I get to know you.

As you enter the world and strive to figure out your why, know that it will come to you when it comes, not when you want it to. It will come and it will be the second most important day of your life. Give me a call. I want to hear all about it.

Happy Graduation to all you graduates. Go LIVE IT LOUD.

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Blanca, Caroline, & Mel on Blanca’s 2nd birthday in July 2014 from Gaffney, South Carolina / Home of the Giant Peach from House of Cards

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