Thursday, June 30, 2011

Conservative doctrine continues to plague the poor.

Wednesday, June 29, 2011

Secret Government- A Constitution In Crisis


"I’m not saying that Caylee Anthony’s death is less horrible because so many other children are killed by the adults in their short, brutal lives. But I am saying that all children who are murdered deserve attention, not just certain children."

Why I Won’t Follow The Casey Anthony Trial
Jun. 28 2011 - 6:21 pm --forbes.com--
By KIRI BLAKELEY


I admit I know virtually nothing about the trial of Casey Anthony, who is accused of killing her almost three-year-old toddler, Caylee. I find the media and the public’s obsessive preoccupation with this murder trial to be morbid, just as it was with the 1996 Jon Benet Ramsey murder case.

But, most of all, I just find it—put it politely— selective. Virtually every month in New York City a young child is murdered either by his or her mother or the mother’s boyfriend or the adult responsible for the child—and hardly any of them ever gets the kind of national round-the-clock media coverage that Caylee Anthony’s death is receiving.

In September of last year, four-year-old Marchella Brett-Pierce was found beaten and starved to death in her Brooklyn home. She’d been tied to her bed and weighed only 18 pounds. Her mother and her mother’s boyfriend, her grandmother, and even two child welfare workers who had falsified visitation documents were all arrested. Katie Couric did a small piece on it for CBS News, but there was no national outcry along the lines of what Caylee Anthony is getting.

In March, 18-month-old Louis Dewayne Mosely was beaten to death while in foster care in Brooklyn. I bet you’re asking, who? No People magazine cover for Louis like there was for Caylee. In June, 5-year-old Jamar Johnson was beaten to death by his mother for breaking the television set. She actually watched him writhe in agonizing pain for five days before he died. There will be no long lines to get into the trial of Jamar Johnson’s mother, if there ever is one, like the lines that form for the Casey Anthony trial. The New York Times even wrote on Sunday about how the trial has become a tourist destination, with people from all over the country traveling to see it.

Have I mentioned that Marchella, Louis and Jamar were all black?

I’m not saying that Caylee Anthony’s death is less horrible because so many other children are killed by the adults in their short, brutal lives. But I am saying that all children who are murdered deserve attention, not just certain children.

Kiri Blakeley writes about women, entertainment, and media. Follow her on Twitter.

Is Clarence Thomas's Humble Georgia Museum a Huge Ethics Issue?
06/25/11 03:04 AM ET --ARTinfo---


A quaint historical museum in Pin Point, Georgia, that is set to open this fall has become the target of an exhaustive ethics examination by the New York Times. Why would the Times devote almost 3,000 words to a community heritage museum? Pin Point, as it turns out, is also the birthplace of Supreme Court Justice Clarence Thomas, and it was Thomas who introduced Pin Point residents to his friend Harlan Crow, a Dallas real-estate tycoon and major conservative donor, who would ultimately fund the museum. According to some legal analysts, Thomas's role in Crow's decision to donate may have troubling ethical implications.

Pin Point lies along the Gullah/Geechee Cultural Heritage Corridor designated by Congress, a passage of coastal fishing towns settled by the descendants of slaves. Algernon Varn, whose father ran the fishing cannery there, long hoped to save the site from development, but it wasn't until he bumped into Thomas, who was in town promoting his memoir, that the project began to move forward. Thomas introduced Varn to Crow, a longtime friend. Through an exhaustive paper trail review, the Times confirmed that Crow is the anonymous donor behind the $1.3 million restoration of the property and forthcoming museum project. Varn was told to keep Crow's identity anonymous.

The question of ethics violations comes down to whether Thomas misused "the prestige of office" to persuade Crow to take on the project, said Raymond J. McKoski, a retired state judge in Illinois. (Supreme Court justices are not explicitly bound to the complex code of conduct for federal judges because it is enforced by lower ranking judges. That's right, they are literally above the law -- though the Times points to several justices who said they adhere to it regardless.) "Some of it depends on the conversations that took place," McKoski told the Times of the ethical quandary. "Who brought up the idea? How willing was Mr. Crow to do it? What exact questions were asked by Justice Thomas?"

This isn't the first time Crow has donated to projects directly or indirectly honoring Thomas. (According to the federal ethics code, judges are not supposed to know who makes a donation in their honor.) The Times gathers an exhaustive list of shady gifts and donations, including Mr. Crow's financing of a Savannah library dedicated to Justice Thomas and his gift of a bible that once belonged to Frederick Douglass. Thomas also received a $15,000 bust of Abraham Lincoln from a group affiliated with Crow.

So, after all this commotion, what will the museum actually look like? The modest, almost astonishingly unglamorous-sounding Pin Point Heritage Museum will be housed in the A.S. Varn & Son Factory, a former seafood cannery that was the economic backbone of Pin Point -- and where Thomas's mother worked as a crab picker -- until it closed in 1985.

Each structure on the property -- including the oyster factory, can storage building, and marshfront dock -- will be stabilized and restored. A patio area will host live demonstrations of crabbing, canning, and shrimp net making. Inside, 3,000 square feet of exhibition space -- modest by museum standards -- will house educational exhibits, live demonstrations, interactive displays, and a 30-minute documentary film, all devoted to the generations of residents in Pin Point.

Friendship of Justice and Magnate Puts Focus on Ethics
By MIKE McINTIRE
6/18/2011 --NYtimes.com--


PIN POINT, Ga. — Clarence Thomas was here promoting his memoir a few years ago when he bumped into Algernon Varn, whose grandfather once ran a seafood cannery that employed Justice Thomas’s mother as a crab picker.

Mr. Varn lived at the old cannery site, a collection of crumbling buildings on a salt marsh just down the road from a sign heralding this remote coastal community outside Savannah as Justice Thomas’s birthplace. The justice asked about plans for the property, and Mr. Varn said he hoped it could be preserved.

“And Clarence said, ‘Well, I’ve got a friend I’m going to put you in touch with,’ ” Mr. Varn recalled, adding that he was later told by others not to identify the friend.

The publicity-shy friend turned out to be Harlan Crow, a Dallas real estate magnate and a major contributor to conservative causes. Mr. Crow stepped in to finance the multimillion-dollar purchase and restoration of the cannery, featuring a museum about the culture and history of Pin Point that has become a pet project of Justice Thomas’s.

The project throws a spotlight on an unusual, and ethically sensitive, friendship that appears to be markedly different from those of other justices on the nation’s highest court.

The two men met in the mid-1990s, a few years after Justice Thomas joined the court. Since then, Mr. Crow has done many favors for the justice and his wife, Virginia, helping finance a Savannah library project dedicated to Justice Thomas, presenting him with a Bible that belonged to Frederick Douglass and reportedly providing $500,000 for Ms. Thomas to start a Tea Party-related group. They have also spent time together at gatherings of prominent Republicans and businesspeople at Mr. Crow’s Adirondacks estate and his camp in East Texas.

In several instances, news reports of Mr. Crow’s largess provoked controversy and questions, adding fuel to a rising debate about Supreme Court ethics. But Mr. Crow’s financing of the museum, his largest such act of generosity, previously unreported, raises the sharpest questions yet — both about Justice Thomas’s extrajudicial activities and about the extent to which the justices should remain exempt from the code of conduct for federal judges.

Although the Supreme Court is not bound by the code, justices have said they adhere to it. Legal ethicists differed on whether Justice Thomas’s dealings with Mr. Crow pose a problem under the code. But they agreed that one facet of the relationship was both unusual and important in weighing any ethical implications: Justice Thomas’s role in Mr. Crow’s donation for the museum.

The code says judges “should not personally participate” in raising money for charitable endeavors, out of concern that donors might feel pressured to give or entitled to favorable treatment from the judge. In addition, judges are not even supposed to know who donates to projects honoring them.

While the nonprofit Pin Point museum is not intended to honor Justice Thomas, people involved in the project said his role in the community’s history would inevitably be part of it, and he participated in a documentary film that is to accompany the exhibits.

Deborah L. Rhode, a Stanford University law professor who has called for stricter ethics rules for Supreme Court justices, said Justice Thomas “should not be directly involved in fund-raising activities, no matter how worthy they are or whether he’s being centrally honored by the museum.”

On the other hand, the restriction on fund-raising is primarily meant to deter judges from using their position to pressure donors, as opposed to relying on “a rich friend” like Mr. Crow, said Ronald D. Rotunda, who teaches legal ethics at Chapman University in California.

“I don’t think I could say it’s unethical,” he said. “It’s just a very peculiar situation.”

Justice Thomas, through a Supreme Court spokeswoman, declined to respond to a detailed set of questions submitted by The New York Times. Mr. Crow also would not comment.

Supreme Court ethics have been under increasing scrutiny, largely because of the activities of Justice Thomas and Ms. Thomas, whose group, Liberty Central, opposed President Obama’s health care overhaul — an issue likely to wind up before the court. Mr. Crow’s donation to Liberty Central was reported by Politico.

In January, the liberal advocacy organization Common Cause asked the Justice Department to investigate whether Justices Thomas and Antonin Scalia should have recused themselves from last year’s Citizens United campaign finance case because they had attended a political retreat organized by the billionaire Koch brothers, who support groups that stood to benefit from the court’s decision.

A month later, more than 100 law professors asked Congress to extend to Supreme Court justices the ethics code that applies to other federal judges, and a bill addressing the issue was introduced.

It is not unusual for justices to accept gifts or take part in outside activities, some with political overtones.

Justice Stephen G. Breyer has attended Renaissance Weekend, a retreat for politicians, artists and media personalities that is a favorite of Democrats, including former President Bill Clinton. Justice Ruth Bader Ginsburg participated in a symposium sponsored by the National Organization for Women’s Legal Defense and Education Fund, and a philanthropic foundation once tried to give her a $100,000 achievement award. She instructed that the money be given to charity.

But in the case of Justice Thomas and his dealings with Mr. Crow, the ethical complications appear more complex.

Conservative Ties

Mr. Crow, 61, manages the real estate and investment businesses founded by his late father, Trammell Crow, once the largest landlord in the United States. The Crow family portfolio is worth hundreds of millions of dollars and includes investments in hotels, medical facilities, public equities and hedge funds.

A friend of the Bush family, Mr. Crow is a trustee of the George Bush Presidential Library Foundation and has donated close to $5 million to Republican campaigns and conservative groups. Among his contributions were $100,000 to Swift Boat Veterans for Truth, the group formed to attack the Vietnam War record of Senator John Kerry, the 2004 Democratic presidential candidate, and $500,000 to an organization that ran advertisements urging the confirmation of President George W. Bush’s nominees to the Supreme Court.

Mr. Crow has not personally been a party to Supreme Court litigation, but his companies have been involved in federal court cases, including four that went to the appellate level. And he has served on the boards of two conservative organizations involved in filing supporting briefs in cases before the Supreme Court. One of them, the American Enterprise Institute, with Mr. Crow as a trustee, gave Justice Thomas a bust of Lincoln valued at $15,000 and praised his jurisprudence at an awards gala in 2001.

The institute’s Project on Fair Representation later filed briefs in several cases, and in 2006 the project brought a lawsuit challenging federal voting rights laws, a case in which Justice Thomas filed a lone dissent, embracing the project’s arguments. The project director, an institute fellow named Edward Blum, said the institute supported his research but did not finance the brief filings or the Texas suit, which was litigated pro bono by a former clerk of Justice Thomas’s.

“When it came time to file a lawsuit,” he said, “A.E.I. had no role in doing that.”

Coming Up With a Plan

In addition to his interest in politics and policy, Mr. Crow is well known for his keen devotion to history.

A backyard garden at his $24 million Dallas residence is dominated by old statues of dictators he has collected from fallen regimes, including Lenin and Stalin. His private library is packed with 8,000 rare books and artifacts, including a Senate roll call sheet from Justice Thomas’s confirmation and a “thank you” letter from the justice, according to local news reports.

There are a number of reasons Justice Thomas might be thankful to Mr. Crow. In addition to giving him the Douglass Bible, valued 10 years ago at $19,000, Mr. Crow has hosted the justice aboard his private jet and his 161-foot yacht, at the exclusive Bohemian Grove retreat in California and at his grand Adirondacks summer estate called Topridge, a 105-acre spread that once belonged to Marjorie Merriweather Post, the cereal heiress.

Christopher Shaw, a folk singer who said he had been invited several times to perform at Topridge, recalled seeing Justice Thomas and his family “on one or two occasions.” They were among about two dozen guests who included other prominent Republicans — last summer, the younger Mr. Bush stopped by.

“There would be guys puffing on cigars,” Mr. Shaw said. “Clarence just kind of melted in with everyone else. We got introduced at dinner. He sat at Harlan’s table.”

Mr. Crow’s $175,000 donation to the library in Savannah in 2001 started out anonymous, but it was eventually made public amid opposition to the project by some local black leaders who did not like Justice Thomas’s politics. Similarly, Mr. Crow sought to keep his role in the museum quiet.

At first glance the Pin Point Heritage Museum, scheduled to open this fall, would seem an unlikely catalyst for an ethical quandary. That Pin Point’s history is worthy of preservation is not in dispute.

Part of the Gullah/Geechee Cultural Heritage Corridor designated by Congress, it is representative of tight-knit Southern coastal settlements that trace their roots to freed slaves and were often based around fishing. In Pin Point, the Varn crab and oyster cannery, founded in the 1920s, was a primary source of jobs until it closed in 1985.

Mr. Varn and his wife, Sharon, said they had long hoped the property could be saved from commercial development but had little success coming up with a plan. That changed after their chance encounter with Justice Thomas, who was visiting his childhood home with a television news crew.

Justice Thomas, 62, was born and raised near the cannery overlooking the Moon River, where it was not uncommon for babies to rock in bassinets made of crab baskets while their mothers shucked oysters. He sympathized with the Varns’ wishes and said he had a friend who could help, Mr. Varn said.

The Varns eventually sold their property in April 2008. During a recent interview at their home near the cannery, they made it clear that they were “not supposed to say” who the buyer was, and a news release issued last November by a Savannah public relations firm said the museum was being “privately funded by an anonymous donor.”

But the paper trail leads back to Mr. Crow, and in interviews at the project site, people working on it acknowledged that he was financing it. Property records show a company called HKJRS/Pinpoint bought the land for $1.5 million, and incorporation records say the company is controlled by a Dallas-based partnership run by Mr. Crow.

Project documents reviewed by The Times show a preliminary construction budget of $1.3 million, but it is unclear if that includes expenses related to the content and design of the museum.

Justice Thomas remains closely involved with the project. Emily Owens, a museum spokeswoman who works for Mr. Crow’s company, said the justice “played a big part” in creating a video documentary that will be part of the museum experience. He hosted a design team from Dallas for a four-hour meeting at his Supreme Court offices in February.

And he has had a role in picking people to help with the museum. Barbara Fertig, a history professor at Armstrong Atlantic State University in Savannah, said that she was asked to meet with Justice Thomas last spring and that “by the end of the meeting, he said he would like me to work on this project.”

She said she had “never been particularly curious” about why Mr. Crow is financing it, adding that costly preservation projects are often possible only because of philanthropy motivated by friendships. Justice Thomas and Mr. Crow would seem to fall into that category, Ms. Fertig said.

“I’ve been in the company of the two of them together,” she said, “and they certainly really are friends.”

The Code of Conduct

That friendship is important to determining whether Justice Thomas’s interactions with Mr. Crow conflict with the code, said Raymond J. McKoski, a retired state judge in Illinois who wrote a law review article on charitable fund-raising by judges. If Justice Thomas did not “misuse the prestige of office” in getting Mr. Crow to take on the project, it should not be a concern, he said.

“Some of it depends on the conversations that took place,” Mr. McKoski said. “Who brought up the idea? How willing was Mr. Crow to do it? What exact questions were asked by Justice Thomas?”

Beyond the admonition against fund-raising, the code generally discourages judges from partaking in any off-the-bench behavior that could create even the perception of partiality. It acknowledges the value in judges’ being engaged with their communities, lecturing on the law and doing charitable work, but draws a line where those activities might cause a reasonable person to worry that a judge is indebted to or influenced by someone.

“The code of conduct is quite clear that judges are not supposed to be soliciting money for their pet projects or charities, period,” said Arn Pearson, a lawyer with Common Cause. “If any other federal judge was doing it, he could face disciplinary action.”

The justices are not bound by the federal judiciary’s conduct code, because it is enforced by a committee of judges who rank below the justices. Even so, Justices Breyer and Anthony M. Kennedy said in testimony before Congress in April that the justices followed the code.

Beyond the code, the justices must comply with laws applying to all federal officials that prohibit conflicts of interest and require disclosure of gifts. Justice Thomas’s gift acceptances drew attention in 2004, when The Los Angeles Times reported that he had accumulated gifts totaling $42,200 in the previous six years — far more than any of the other justices.

Since 2004, Justice Thomas has never reported another gift. He has continued to disclose travel costs paid by schools and organizations he has visited for speeches and teaching, but he has not reported that any travel was provided by Mr. Crow.

Travel records for Mr. Crow’s planes and yacht, however, suggest that Justice Thomas may have used them in recent years.

In April 2008, not long after Mr. Crow bought the Pin Point property, one of his private planes flew from Washington to Savannah, where his yacht, the Michaela Rose, was docked.

That same week, an item appeared in a South Carolina lawyers’ publication noting that Justice Thomas was arriving aboard the Michaela Rose in Charleston, a couple of hours north of Savannah, where the Crow family owns luxury vacation properties. The author was a prominent lawyer who said she knew of the visit because of a family connection to Mr. Crow.

Justice Thomas reported no gifts of travel that month in his 2008 disclosure. And there are other instances in which Justice Thomas’s travels correspond to flights taken by Mr. Crow’s planes.

On Jan. 4, 2010, when Justice Thomas was in Savannah for the dedication of a building in his honor, Mr. Crow’s plane flew from Washington to Savannah and returned to Washington the next day. Justice Thomas reported in his financial disclosure that his travel had been paid for by the Savannah College of Art and Design, which owned the building.

In his 2009 financial disclosure, Justice Thomas reported that Southern Methodist University in Dallas — Trammell Crow’s alma mater — had provided his travel for a speech there on Sept. 30. Flight records show that Mr. Crow’s plane flew from Washington to Dallas that day.

Among the questions The Times submitted to Justice Thomas was whether he was on any of those flights, and if so, whether the colleges reimbursed him or Mr. Crow. The colleges declined to comment.

One item not required to be reported in Justice Thomas’s financial disclosures is the millions of dollars Mr. Crow is spending on the museum. That is because the money is not being given to the justice as a gift.

For Algernon and Sharon Varn, who said they were thrilled to see a cherished piece of local history being restored, the museum is a gift to the community. While it is about more than Justice Thomas, they said, he deserves credit for putting them together with someone who had the money and the interest to make the project a reality.

“He was instrumental in getting the process started, because he wanted it preserved to show that no matter where you came from, you can go where you want,” Mr. Varn said. “He had a meager existence, and yet look where he is today. It’s a great American story.”

Friday, June 24, 2011


US police smash camera for recording killing

Miami man hid phone memory card in his mouth to preserve footage in battle over recording tools.
Chris Arsenault Last Modified: 21 Jun 2011 16:34


A picture may be worth 1,000 words, but Narces Benoit's decision to videotape a shooting by Miami police landed him in jail after officers smashed his cell-phone camera.

It was 4am on May 30 when Benoit and his girlfriend Erika Davis saw officers firing dozens of bullets into a car driven by Raymond Herisse, a suspect who hit a police officer and other vehicles while driving recklessly. Herisse died in the hail of lead, and four bystanders also suffered gunshot wounds, the Miami Herald newspaper reported.

Police noticed the man filming the shooting and an officer jumped into his truck, and put a pistol to his head, Benoit said. The video shows officers crowding around Herisse's vehicle before opening fire, followed by indistinguishable yelling at onlookers, including Benoit, to stop filming.

The cop yelled: "Wanna be a [expletive] paparazzi?" Benoit recounted in a TV interview.

"My phone was smashed, he stepped on it, handcuffed me," the 35-year-old car stereo technician told CNN.
Despite his phone being destroyed, Benoit was able to save the footage by taking the memory card out of the device and putting it in his mouth before handing it over to police, he said, adding that officers smashed several other cameras in the chaos which followed the shooting.

Legal issues

"There are two questions at play here that need to be separated," said Eugene Volokh, a professor of law at the University of California. "One is: to what extent is it illegal to record officers doing their duties? And secondly, did the police destroy someone's property and evidence?"

"Whether or not the recording was illegal, the police conduct as alleged would be illegal in any case," Volokh told Al Jazeera. In Florida, it is legal to record conversations, unless the conversation is "confidential", which this public altercation likely was not, Volokh said.

After having his phone smashed, and being taken to a police station to be photographed, Benoit was summoned to appear before the state attorney on June 3 with "any and all video and all corresponding audio recorded on May 30 that captured incidents occurring [sic] prior to, during and after a police-involved shooting", according to court documents.

Benoit and Davis have hired a lawyer. The couple stopped giving interviews soon after the incident, Reese Harvey, their attorney, told Al Jazeera. Harvey also declined to comment about the couple's possible plans for legal action against the Miami police.

The incident is the latest in a series of debacles involving citizens using mobile phones to record police actions.

"The impact of citizen recording of police brutality, or activity in general goes back at least 20 years to the LA riots," said James Hughes, executive director of the Institute for Ethics and Emerging Technologies, a research organisation. "It [video recording] increasingly raises questions about surveillance; whether surveillance from citizens can put a check on power," he told Al Jazeera.

Sparked by video of police beating Rodney King, in what many saw as an example of institutionalised racism, the 1992 Los Angeles riots left more than 50 people dead and caused about $1bn in property damage.

"As almost everyone in the US has a cameraphone at this point, it's very common to have any kind of police activity in a crowded setting recorded by citizens, usually from multiple angles," said Jamais Cascio, a research fellow at the Institute for the Future. "These kinds of events are unusual and people will want to show friends and family, and, increasingly, because people are learning that it can be important to have evidence of police misconduct."

And, with the spread of easily accessible recording technology, US security forces are being joined by counter-parts around the globe in being concerned about mobile technologies.

"Echoes of Rodney King in Karachi and Miami", was the headline of a New York Times blog, analysing a recent case from Pakistan, where a television journalist recorded security forces killing Sarfraz Shah, an apparently unarmed teenager. The video sparked protests across the country.

Speaking about the recent case in Florida, Police Chief Carlos Noriega told the Miami Herald that the couple's allegations were the first he'd heard of officers allegedly threatening people or destroying cameras or mobile phones.

"It was quite a chaotic scene," the chief said of the late night shooting. "We were trying to figure out who was who and it was a difficult process. Not once did I see cameras being taken or smashed," he said, adding that Benoit's video is evidence which could help investigators.

Technology 'outpacing' laws

While visual evidence, through government surveillance cameras and individuals' phones, can help make prosecutions, police unions and likeminded groups argue that police officers might second-guess themselves if they know they are being recorded and delay making necessary decisions. There are also arguments about privacy; mainly that conversations between private individuals and security forces should not be recorded by third parties.

And even though Eugene Volokh and other legal experts believe recording public police activities isn't a crime in Florida, that doesn’t mean police are happy about it.

"In the United States, the laws about the recording of police activity vary considerably from state to state. In Massachusetts, for example, existing laws that forbid recording someone without their permission have been extended to prohibit the recording of police. In Illinois, the law now explicitly bans the recording of police," Cascio told Al Jazeera. "I believe that citizens should have the right to record the actions of officials on duty; Citizens can't really fight back when they see police misconduct, their only tool is the ability to document the misbehaviour."

Some experts argue that laws, often designed to deal with audio wiretapping of telephone conversations and now applied to video recordings, are not keeping pace with new technologies. Volokh, however, is not one of those people.

"It isn't a technical question; it might be a question about basic values," Volokh, the legal scholar, said. "How much do you value people’s ability to gather the news and how much you value privacy?"

There may be a debate on whether the increasing frequency of security forces, and society in general, being caught on tape is primarily a technological question or an issue of values. But advances in the former may make debates about the latter redundant.

"Efforts to forbid these recordings are ultimately futile. Cameras are becoming smaller, and are able to record and upload video quickly. I've seen otherwise normal-looking glasses with built-in cameras," Cascio said. "The technology is rapidly outpacing any attempt to control it using dated and misapplied laws."

Thursday, June 23, 2011

Friday, June 17, 2011


40th Anniversary of the War on Drugs - June 17, 2011

Today marks the 40th anniversary of Richard Nixon’s declaration of a “War on Drugs.” To highlight the impact that the drug war has on communities around the world, more than a dozen SSDP chapters are organizing candlelight vigils in cities across the country.

Tuesday, June 7, 2011


With Humala's win, Peru turns to the left

With a former army officer winning the presidency, Peru joins Brazil, Bolivia and Venezuela in tilting to the left.
Greg Grandin Last Modified: 07 Jun 2011 18:43
--thenation--



Add Peru to the list of Latin American countries that have turned left. On Sunday, Peruvians voted in a second-round run-off ballot and elected Ollanta Humala, a 48-year old former army officer, president. This is Humala’s second try for the office. In 2006, he came close to winning, but WikiLeaks cables reveal that Peru's establishment politicians put aside their differences and beat a path to the US embassy, asking for help smearing Humala as a Peruvian Hugo Chávez.

WikiLeaks also reveals that that same year the Mexican right and the US State Department worked together to defeat the populist presidential candidate Andrés Manuel López Obrador, leading many in the US to gloat that the "left turn" in Latin America had run its course.

Humala's victory suggests otherwise. Here's just some of what has happened since 2006: In Bolivia, Evo Morales presided over the ratification of a new social-democratic constitution and was re-elected as president in 2009 with 64 per cent of the vote. In Ecuador, Rafael Correa also easily won reelection and ratified a new constitution that guarantees social rights and puts tight limits on privatization. Recently, Ecuadorians likewise voted on ten progressive ballot initiatives, passing them all. They included the strict regulation of two blood sports: banks are now banned from speculation and bulls can no longer be killed in bull fights.

And last year in Brazil, the trade unionist Luiz Inácio Lula da Silva left office the most popular politician on the planet, handing over the presidency of one of the world's largest economies to Dilma Rousseff, a former urban guerrilla and economist who vows to continue to try to make Brazil a more humane and equal nation.

All of these national left political projects—from Venezuela to Uruguay—have their problems and shortcomings, and are open to criticism on any number of issues by progressive folk. But combined, the Latin American left can claim a remarkable achievement: It has snatched the concept of democracy away from neoliberals and the corporate privateers who came close to convincing the world that democracy equals deregulated capitalism and returned the term to its more humane, sustainable definition. In Latin America, democracy means social democracy. So considering the otherwise bleak global landscape, the return of the Latin American left, now well into its second decade, is cause for great cheer.

What does Humala's victory mean for Peru? Most importantly in the short run, it has halted the return of Alberto Fujimori's style of death-squad neoliberalism. Humala's opponent was Fujimori's daughter, Keiko, who pledged to free her jailed father, who was convicted of murder, kidnapping and corruption.

In the long run, many Peruvians, particularly those outside of Lima, voted for Humala because they have seen little benefits from the country's celebrated macroeconomic performance over the last decade, driven by the high price of silver, zinc, copper, tin, lead and gold—which comprise sixty per cent of the country's exports.

Over thirty per cent of Peru's thirty million people live in poverty and eight per cent in extreme poverty. In rural areas, particularly in indigenous communities, more than half of all families are poor, many desperately so. Humala has promised to address this inequity with a series of pragmatic measures—a guaranteed pension to people over 65; expanding health care in rural areas, including the construction of more provincial hospitals; an increase in public sector salaries, to be paid for with a windfall profit tax on the mining sector.

In terms of foreign policy, Humala's election is another victory for Brazil in its contest with Washington for regional influence. If Fujimori had won, she would have aligned Peru politically with Washington and economically with US and Canadian corporations.

Humala, in contrast, will tilt toward Brazilian economic interests. Indeed, the Peruvian historian Gerardo Rénique said that the election, while representing an important victory for democratic forces, could also be understood in part as a contest between Brazil and the US over Peruvian energy and mineral resources. In this perspective, one could say that it didn't matter who won the Peruvian election: the Amazon lost.

Here then might be the question that determines the success of Humala's presidency: As he tries to put into place his "growth with social inclusion" agenda, will he be able to balance the conflicting interests of his Brazilian allies and the social movements that elected him, many of which are fighting for sustainable development and local control of resources?

In addition to reviving social democracy, the other major accomplishment of the renewed Latin American left has been to dilute the entrenched racism that has defined the continent for centuries. In Bolivia, Ecuador, Chile, Brazil, Venezuela and other countries, Native Americans and peoples of African descent have led a remarkable, if still incomplete, democratization of politics and culture. Peru, with its 45 per cent Amerindian population, has largely been left out of this process. In fact, some say that racism has deepened over the last decade, with the mining boom wreaking havoc on the dark-skinned Andean countryside and Amazonian lowlands while financing the rise of luxury condos and malls in white, middle-class Lima.

So however hard it might be for Humala to take on international capital—Peru's stock market plunged 12 per cent the day after his election—an equally difficult challenge will be to tackle Peruvian racism. "El Indio Humala" lost Lima by a wide margin, driven mostly not by fears he would turn Peru into Chávez's Venezuela but into neighboring Indian-governed Bolivia. Candidate Humala did his best to deflect these concerns.

President Humala, however, will have to confront this racism directly if he is to succeed in democratising Peru. After all, even before all the votes where in, tens of thousands of his supporters began to fill the country's plazas, including Lima's. They raised high the rainbow wiphala flag that became ubiquitous in Bolivia, during the rise of the social movements that brought Evo Morales to power. Today, it is waved throughout the Andes as a symbol of indigenous pride and sovereignty.

Greg Grandin is a professor of history at New York University and a member of the American Academy of Arts and Sciences. He is the author of a number of prize-winning books, including most recently, Fordlandia: The Rise and Fall of Henry Ford's Forgotten Jungle City (Metropolitan 2009), which was a finalist for the Pulitzer Prize in History, as well as for the National Book Award and the National Book Critics Circle Award.