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Law Lords Condemn UK's Use of Secret Evidence And Control Orders
Four years late, the Law Lords finally put the British government's anti-terror policies under the spotlight on Wednesday by delivering a resounding repudiation of the government's use of secret evidence to impose control orders on alleged terror suspects (the full judgment is here).
An unjustified stranglehold on liberty: the control orders
Introduced in March 2005 after the Law Lords ruled in December 2004 that the government's previous policy of imprisoning suspects without charge or trial in Belmarsh prison (which had begun three years before) was in contravention of the Human Rights Act, the control order regime is effectively a form of house arrest. As I explained in an article for the Guardian in April,
[Control orders] keep suspects, for most hours of the day, confined to their houses. They are tagged, told to report to the authorities several times a day, and are subjected to unannounced house raids by Home Office officials to ensure they are not breaching the conditions of their confinement.
Visitors have to be vetted by the Home Office. If the detainee is a single man, he is unbearably isolated; if married with children, he is trapped, unable to work, pushed to mental collapse as his children are unable to have friends over to visit, and are denied access to a computer for their studies.
In the Belmarsh years, several of the prisoners held without charge or trial developed what Gareth Peirce, one of their lawyers, described as "florid psychosis," and as Press TV reported two weeks ago in an exclusive interview with one of these men, Mahmoud Abu Rideh, a Palestinian who has spent the last seven years either in Belmarsh, Broadmoor psychiatric hospital, or at home under a control order, the practical difference between prison and house arrest is often minimal.
On May 25, Abu Rideh's wife finally gave up the struggle and returned to Jordan with their children. As Cageprisoners explained, "They were prevented from taking many of their belongings with them since many of the children's possessions had been seized by police as claimed breaches of their father's control order." Cageprisoners also noted that "Mr. Abu Rideh was denied the opportunity of bidding his family farewell at the airport," and stated that "He now despairs at the thought of never seeing his family again, since he cannot leave the country and his family were told that they have no right to return to the UK, despite the fact that they are British nationals."
In his interview with Press TV, which took place just a week before the death, reportedly by suicide, of Muhammad Salih, a prisoner at Guantánamo who was held for seven years without charge or trial, Abu Rideh stated that he was unable to bear the thought of living any longer:
I am already dead. My soul, my life, my heart — every part of me is dead. I am just like a machine walking, with no other feeling. I have nothing left — I cannot even sleep at night; I have nightmares of what they have done to me, to my wife, my children, my time in prison, the searches … this is enough. I've lost my senses, I've been driven insane, I can no longer take it. What is the point of living? I've lost everything, I've lost my wife, I might as well kill myself, that is better for me. I swear by God I have written to Gordon Brown saying that you have two weeks, if I am not helped in this period I will kill myself, whether that's by throwing myself in front of a train, or slitting my wrists, or throwing myself from a high building, or taking an overdose, whatever it takes. Nobody has lived the life I have or what I've had to endure.
However, while the practical effects of control orders should be genuinely troubling to anyone who believes in open justice, and the ancient right not to have your liberty removed except through the verdict of a jury of your peers, the Lords' ruling on Wednesday focused on the equally troubling context of how the decisions to impose control orders are made.
The Kafkaesque world of secret evidence
Primarily, this centres on an absurd situation whereby, in the Special Immigration Appeals Court (SIAC), which deals with these cases, special advocates are responsible for representing the accused in closed sessions involving the use of secret evidence, but are prevented from revealing anything about those sessions to the men they represent. This impenetrable barrier to transparency also works in the other direction, as suspects cannot brief the advocates effectively when they are kept in the dark regarding the details of the case against them.
In March, the full, horrific absurdity of this system was exposed by Dinah Rose QC in a Parliamentary meeting chaired by Diane Abbott MP, which was convened to canvas support for an Early Day Motion calling for an end to the use of secret evidence, and to discuss strategies for future campaigns. Uniquely, to my knowledge, Rose has direct experience of SIAC in three different roles — as instructed by the Home Office, as a representative of some of the detainees held on the basis of secret evidence, and as a special advocate — and her insight was, therefore, particularly powerful.
Talking about a case on which she had served as a special advocate, she explained, "The special advocates were told what the evidence was, but we were prohibited from discussing the material with the appellant or his lawyers. We were simply unable to offer any resistance at all to the application, in the absence of any instructions, which might have explained or cast a different light on the evidence."
As a result, the judge revoked the man's bail, and ordered him to be sent to Belmarsh. Remembering this ruling, Rose said, "I can still recall my deep feeling of shame when I heard the appellant ask the judge the question: why are you sending me to prison? To which the judge replied: 'I cannot tell you that.' I could not believe that I was witnessing such an event in a British court. I could not believe that nobody protested or made a fuss. They simply took him to jail, without any explanation at all."
She also explained that, "although SIAC looks and sounds like a court, and the judges and barristers behave with the courtesy and formalities that are used in court, it is in reality nothing of the kind. Often it feels to me like an elaborate charade, in which we are all playing the roles of barrister, solicitor, appellant and judge, but where the basic substance of a court hearing — the testing of evidence to establish where truth lies — is entirely missing."
The detainees and the Law Lords' ruling
In Wednesday's ruling, following hearings in February and March, the Law Lords were deciding the cases of three men, a joint Libyan/British national, an Iraqi and a British national, who are identified only as AF, AE and AN. This anonymity is allegedly for their own protection — although it also conveniently dehumanizes them — but a few details about them are in the public domain.
AE, for example, who spoke to the BBC on Wednesday, is a Kurdish imam, who fled Iraq in 2002 after being imprisoned by the regime of Saddam Hussein in Abu Ghraib prison, and was given leave to remain in the UK. Seized from his house in May 2006, he says that he has no idea why he was placed on a control order, and has no way of responding to the vague claims that have been made publicly available, which indicate that the security services regard him as a radicalizing influence who supports the insurgency in Iraq. Speaking about when he was first seized, he told the BBC, "I said, 'Why am I being put on a control order?' The answer was that they did not have to tell me."
AN, the British national, who was born in Derby, is apparently regarded as a link between extremists in the UK and the Middle East, and was placed on a control order after returning from a visit to Syria, and the joint Libyan/British national is AF, who was born in the UK to a Libyan father and a British mother. A banking graduate, he had intended to become an accountant, but was placed on a control order in June 2006, allegedly because the Home Secretary believed that he had connections to members of a group opposed to the regime of Colonel Gaddafi (who, lest we forget, was our own implacable enemy until six years ago, when he cannily signed up to support the "War on Terror"). Under the terms of his control order, he is now compelled to remain in his flat for 16 hours a day, cannot see anyone without permission, and is prohibited from using the Internet.
When the Lords made their ruling, they unanimously declared that they had had enough of the system as it currently stands, By nine votes to nil, they ruled that imposing control orders breaches Article 6 of the European Convention on Human Rights, which guarantees the right to a fair trial, because a suspect held under a control order is not given "sufficient information about the allegations against him to enable him to give effective instructions to the special advocate assigned to him."
In the ruling, Lord Phillips of Worth Matravers, the senior Law Lord, wrote, "A trial procedure can never be considered fair if a party to it is kept in ignorance of the case against him."
His opinion was followed by that of Lord Hope of Craigshead, who declared, "The principle that the accused has the right to know what is being alleged against him has a long pedigree … The fundamental principle is that everyone is entitled to the disclosure of sufficient material to enable him to answer effectively the case against him."
Lord Hope also wrote, "The consequences of a successful terrorist attack are likely to be so appalling that there is an understandable wish to support the system that keeps those who are considered to be most dangerous out of circulation for as long as possible. But the slow creep of complacency must be resisted. If the rule of law is to mean anything, it is in cases such as these that the court must stand by principle. It must insist that the person affected be told what is alleged against him."
Reinforcing these opinions, Lord Scott of Foscote wrote, "An essential requirement of a fair hearing is that a party against whom allegations are made is given the opportunity to rebut the allegations. That opportunity is absent if the party does not know what the allegations are. The degree of detail necessary to be given must, in my opinion, be sufficient to enable the opportunity to be a real one. The disclosure made to each of these appellants was insufficient to afford him a real opportunity for rebuttal. He did not, therefore, have a fair hearing for Article 6(1) purposes and these appeals must be allowed.
Opposition to control orders in the last two years
Since the control orders were introduced, the scope of their application has regularly been called into question not just by those whose job it is to work tirelessly against the State's increasingly authoritarian impulses, but also by politicians, and, in particular, by Lord Carlile, the government's "independent reviewer" of the control order regime.
Last March, a vote in the House of Commons to extend, for another year, the use of control orders — which were, at the time, in place against 15 alleged terror suspects — passed by 267 votes to 60, but, as I explained at the time, "Tory MPs were clearly not bowled over by a hyperbolic statement made by Security Minister Tony McNulty, who, as though infected by the ghosts of previous Labour hard men John Reid and David Blunkett, claimed, 'The threat (of terrorism) is clearly real, serious and represents a threat unparalleled in our country's history.'"
Speaking on behalf of his fellow MPs, the Tories' shadow attorney general Dominic Grieve declared, "On balance, and with a considerable degree of reluctance, our view is we should allow renewal to take place this year." Other notes of caution were sounded by Labour MPs. Andrew Dismore, the chairman of the joint Human Rights Committee, warned that the orders could create "Guantánamo-style martyrs" unless a maximum time limit was imposed, and Lord Carlile said that no control order should be extended beyond two years "save in genuinely exceptional circumstances."
Similar scenes — involving Labour scaremongering, Tory "reluctance" and opposition from the Liberal Democrats — took place when the control orders were again renewed three months ago, but the most important dissent to note is Lord Carlile's mantra, repeated every year in his annual reports (see here for the latest PDF), and just three weeks ago he repeated his call, backed up by peers and MPs on the Parliamentary Human Rights Committee.
Refuting claims by the Home Office that "A definite end-date would mean individuals on control orders could simply disengage from involvement in terrorism-related activity on the basis that they knew they could re-engage at the end of that time period," Carlile reiterated his assertion that control orders lasting more than two years can only be justified "in a few exceptional cases," telling the Committee, "After that time, at least the immediate utility of even a dedicated terrorist will seriously have been disrupted."
Throughout this period, the Law Lords were critical, too, but not with the robustness with which they demolished the policy of imprisonment without charge or trial in December 2004. In November 2007, for example, when they were called upon to review the cases of six Iraqis held under control orders, they ruled that an 18-hour home curfew was in breach of the right to liberty, as guaranteed by the European Convention on Human Rights, and, moreover, ruled that the system of secret evidence must be changed to let the suspects know the case against them, and to give them the right to a fair hearing, even though the Home Secretary, Jacqui Smith, proceeded to ignore their ruling about secret evidence (leading, 19 months later, to Wednesday's reiteration of terror suspects' rights), and also showed little willingness to relax the curfews.
As I explained in an article at the time, there was some great rhetoric in the ruling. Lord Brown, memorably, said that the right to a fair hearing was "one of altogether too great importance to be sacrificed on the altar of terrorism control," and Lord Hoffman declared, "Such is the revulsion against detention without charge or trial, such is this country's attachment to habeas corpus, that the right to liberty ordinarily trumps even the interests of national security," adding that such rights were simply "too precious to be sacrificed for any reason other than to safeguard the survival of the state."
However, as I also noted at the time, it was apparent that, by refusing to condemn the control orders outright, the Lords "perpetuated a brazenly draconian system, which appears, dangerously, to be fuelled by anti-Muslim vindictiveness, even though the more prosaic truth is that it is driven by an anachronistic refusal to 'compromise the security services' by proceeding with trials using intercept evidence (despite the fact that most other western democracies have managed to do so without imperiling their 'spooks')."
Throughout this period, however, the most disturbing opinions came not from the Lords, but from the Court of Appeal, whose ruling in October 2008 — that there might be cases where "very little indeed" or nothing could be disclosed to people accused of being involved in terrorism, in spite of a dissenting judge's alarm at a principle that might "move us back towards unbridled executive power over personal liberty" –- partly triggered the Law Lords' latest review, and may, in its bald defense of intolerable secrecy, have contributed to a necessary backlash.
What happens next is not entirely clear. The Lords did not quash the control orders on Wednesday, but ordered the men's cases to be heard again, and it is now up to the Home Office to decide whether to release more material to the men and their lawyers, or to rescind the control orders completely.
It is also unclear what effect the ruling will have on the other 14 men who are currently on control orders, or the 20 or so men in prison — or on deportation bail — whose cases are closely related, differentiated only by the government's extremely dubious determination to deport them to their home countries, even though, as I reported in February, this involves politicians and judges being obliged to creatively reinterpret the anti-torture laws preventing the return of foreign nationals to countries where they face the risk of torture.
New to his job, Home Secretary Alan Johnson has not yet succumbed to the rabid paranoia that infects all Home Secretaries when confronted by the "terror threat." In February, for example, Jacqui Smith actually declared war on the government's own secret terror court, overruling decisions by a SIAC judge that met with her disapproval, and — in what can only be described as an act of executive fiat — unilaterally revoking the bail of five men on deportation bail, kidnapping them on their way home from the London courtroom (or in raids on their homes) and imprisoning them in Belmarsh until the judge reasserted his authority the following day.
Presumably reading from a script that was left for him by Smith, Johnson said on Wednesday that the judgment was "extremely disappointing," but did not spontaneously combust, as Jacqui Smith may well have done. "Protecting the public is my top priority and this judgment makes that task harder," he continued. "Nevertheless, the government will continue to take all steps we can to manage the threat presented by terrorism."
He added, "All control orders will remain in force for the time being and we will continue to seek to uphold them in the courts. In the meantime, we will consider this judgment, and our options, carefully." Explaining that control orders had been introduced to "limit the risk posed by suspected terrorists who could not be prosecuted or deported," as the Guardian put it, he also said, "The government relies on sensitive intelligence material to support the imposition of a control order, which the courts have accepted would damage the public interest to disclose in open court. We take our obligations to human rights seriously and as such we have put strong measures in place to try to ensure that our reliance on sensitive material does not prejudice the right of individuals subject to control orders to a fair trial."
This was standard government fare, though rather muted in its delivery, but if the new Home Secretary is seeking a "third way," beyond releasing more sensitive material or rescinding the control orders, he might want to take some advice from Chris Huhne, the Liberal Democrat home affairs spokesman, who responded to the Lords' ruling by saying that it "clearly states that control orders are a fundamental infringement of human rights and an affront to British justice. It is unacceptable to deny a person freedom without even telling them what they are suspected of." Crucially, Huhne added, "We do not need to sacrifice the freedoms we have fought so hard for. We must not become what we are fighting. This discredited regime should be scrapped immediately. The government should focus instead on making it easier to prosecute terrorists by making intercept evidence available in court."
Using intercept evidence, and testing the reliability of the intelligence services
Huhne's main point — that the government should find a way to join the rest of the world in finding a way to use intercept evidence in court without compromising its intelligence sources or methods — is clearly the way forward, as without it the government is left clinging to nothing but its manifestly unjust, and largely failed attempt to deport men on the sly, or is required to maintain the "house arrest" charade that is both horribly petty and ruinously strenuous for those held in such a novel form of legal limbo.
As I also explained in my article in February, the government has, for years, been distressingly intransigent on the subject of intercept evidence, although, in a recent letter from the Home Office, Minister of State Vernon Coaker informed me that "We [the government] have accepted the Chilcot recommendation that we should introduce intercept as evidence provided the conditions outlined in the report can be met."
The reference to "the Chilcot recommendation" refers to the findings in the Privy Council Review Of Intercept As Evidence (PDF), headed by Sir John Chilcot and published in January 2008, and although Coaker's concession is still rather hedged in by caveats, I hope that it signifies real change, because on Wednesday, the NGO JUSTICE, which describes itself as "an all-party law reform and human rights organization working to improve the legal system and the quality of justice," published a major report on the use of secret evidence in British courts since SIAC was introduced in 1997 (241 pages, PDF), establishing the extent to which secret evidence has been used "in a wide range of court proceedings from deportation hearings before SIAC, pre-charge detention hearings in terrorism cases, employment tribunals, asset-freezing cases, parole board hearings, and control order cases in the High Court and the Court of Appeals."
The report also explains that, although more than 90 special advocates have been appointed since 1997, "no central figures are published and even the government may not know the total number of special advocates that have been appointed," and also notes, in an analysis of the use of secret evidence that is at least as worrying as the "mission creep" outlined in the paragraph above, that "defendants in some criminal cases are now being convicted on the basis of evidence that has never been made public. Criminal courts have issued judgments with redactions [passages blacked out] to conceal some of the evidence relied upon. Evidence from anonymous witnesses has also been used in criminal trials and is widespread in ASBO hearings."
In conclusion, then, if justice is once to be asserted in the UK, the government needs to move fast on incorporating intercept evidence in terror trials, so that the public — as well as the suspects themselves — will be able to test the validity of its claims. One additional problem with secret evidence, of course, is that its use shuts off all scrutiny of the intelligence services' reliability, and although it is necessary for this work to take place behind the scenes, it is also unacceptable for the government to effectively hide behind a blanket assertion that the intelligence services never make mistakes, and that "national security concerns" should quash any notion of skepticism on the part of lawyers, prisoners and members of the public, especially because the public record is littered with abominable failures of intelligence in the years since the 9/11 attacks.
Without even having to draw comparisons with the non-existent "ricin plot," the pointless and brutal Forest Gate raid, the intelligence failures surrounding the terrorist attacks on July 7, 2005, the murder of Jean Charles De Menezes, and countless other incidents, some of the chronic failures of intelligence in the control order regime — compounded by bureaucratic incompetence — are already well-known. In April 2005, for example, the Home Office was forced to apologize to ten of the men under control orders after what it described as a "clerical error," which resulted in letters being sent to them stating, incorrectly, that the basis for their detention was their alleged involvement in the "ricin plot," and in January 2005 an extraordinary list of intelligence blunders relating to the Belmarsh prisoners was published in the Independent.
In an article entitled, "Belmarsh detainees: Flawed intelligence exposes scandal," Robert Verkaik noted, amongst other errors, that "A security service assessment was embarrassingly withdrawn after it emerged that the purpose behind a visit to Dorset by a group of Muslim men had not been to elect a terrorist leader but to get away from their wives for the weekend," that "The Home Secretary has been forced to concede that some of the funds raised by [Mahmoud] Abu Rideh for alleged terrorist activity were sent to orphanages in Afghanistan run by a Canadian priest," that "Two of the detainees were awarded compensation for false arrest shortly before they were detained under the anti-terrorist emergency powers," and that "Testimony against two of the detainees came from an affidavit sworn by a man who was offered a lenient sentence in return for evidence."
Although Verkaik observed, justifiably, that these mistakes were based on the "open" evidence against the suspects, he was undoubtedly correct to add that "the inaccuracy of some of these assertions raises questions about the reliability of the secret evidence that the detainees have never been allowed to see." Given the government's poor track record, there is absolutely no reason to believe that the quality of the government's secret evidence is any more reliable, and, in fact, more than enough reasons to suspect that it not only involves credulousness and incompetence, but also, as with the "ricin plot" (one of whose cleared defendants is currently on a control order), material derived from the use of torture.
As Eric Metcalfe, JUSTICE's director of human rights policy, said in response to the Lords' ruling on Wednesday, "The House of Lords judgment marks a turning point. The government can decide to limp on with the use of secret evidence for ever diminishing returns. Or Parliament can act to end its use once and for all." He added, "Secret evidence is always unreliable, unnecessary, undemocratic and unfair. Because it has never been properly tested, it breeds complacency and false confidence in its results. Secret evidence damages public trust in our courts and in the rule of law itself."
Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America's Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK). To receive new articles in your inbox, please subscribe to my RSS feed, and see here for my definitive Guantánamo prisoner list, published in March 2009.
As published exclusively on Cageprisoners.
For other articles dealing with Belmarsh, control orders, deportation bail, deportations and extraditions, see Deals with dictators undermined by British request for return of five Guantánamo detainees (August 2007), Britain's Guantánamo: the troubling tale of Tunisian Belmarsh detainee Hedi Boudhiba, extradited, cleared and abandoned in Spain (August 2007), Guantánamo as house arrest: Britain's law lords capitulate on control orders (November 2007), The Guantánamo Britons and Spain's dubious extradition request (December 2007), Britain's Guantánamo: control orders renewed, as one suspect is freed (February 2008), Spanish drop "inhuman" extradition request for Guantánamo Britons (March 2008), UK government deports 60 Iraqi Kurds; no one notices (March 2008), Repatriation as Russian Roulette: Will the Two Algerians Freed from Guantánamo Be Treated Fairly? (July 2008), Abu Qatada: Law Lords and Government Endorse Torture (February 2009), Ex-Guantánamo prisoner refused entry into UK, held in deportation centre (February 2009), Home Secretary ignores Court decision, kidnaps bailed men and imprisons them in Belmarsh (February 2009), Britain's insane secret terror evidence (March 2009), Torture taints all our lives (published in the Guardian's Comment is free), Britain's Guantánamo: Calling For An End To Secret Evidence, Five Stories From Britain's Guantánamo: (1) Detainee Y, Five Stories From Britain's Guantánamo: (2) Detainee BB, Five Stories From Britain's Guantánamo: (3) Detainee U, Five Stories From Britain's Guantánamo: (4) Hussain Al-Samamara, Five Stories From Britain's Guantánamo: (5) Detainee Z, Britain's Guantánamo: Fact or Fiction? and URGENT APPEAL on British terror laws: Get your MP to support Diane Abbott's Early Day Motion on the use of secret evidence (all April 2009), and Taking liberties with our justice system and Death in Libya, betrayal in the West (both for the Guardian).
Posted in Belmarsh, control orders, deportation and extradition, UK politics
Andy Worthington says...
I received the following message from Ann Alexander, an indefatigable supporter of the men held without charge or trial in the UK:
Thanks again for your magnificent report, Andy.
I visited Hussain and his family when I was in London. It was very hard to leave them in that awful dungeon the Home Office has put them in.
I understand how busy you are with Guantánamo and I was so heartened to read your article about the Uighurs and the uplifting photos of them in their new home.
I will forward your article to everyone. Thanks again.
...on June 18th, 2009 at 12:49 pm
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Paul will join Matt Kibbe, President of FreedomWorks, and lead counsel Ken Cuccinelli in a class action suit that will challenge the constitutionality of the NSA's collection of time, numbers, and other information on American citizens telephone calls.
"I am filing a lawsuit against President Barack Obama because he has publicly refused to stop a clear and continuing violation of the 4th Amendment. The Bill of Rights protects all citizens from general warrants. I expect this case to go all the way to the Supreme Court and I predict the American people will win," Senator Paul said in a press release on Wednesday.
During Paul's announcement of the suit he claimed that it has the potential to become the largest class action suit ever on behalf on the bill of rights.
"There's a huge and growing swell of protest in this country of people who are out raged that their records would be taken without suspicion, without a judges warrant and without individualization. This we believe will be a historic lawsuit, we think it may well be the largest class action lawsuit ever filed on behalf of the bill of rights.," Paul said in his announcement in Washington on Wednesday.
The Obama Administration has called the NSA's data collection lawful, noting that 15 judges on the Foreign Intelligence Surveillance Court have authorized it in 3 month intervals since 2006.
Paul responded to the Obama administrations claim by deeming the 15 judge decision as illegitimate due to it's happening in secret and with only the government's argument being presented.
"Many people who follow jurisprudence and legal history will tell you that the truth is achieved by having a lawyer on both sides, in an open court," Senator Paul said to CNN's Erin Burnett.
Along with President Obama, Director of National Intelligence James Clapper, NSA Director Keith Alexander and FBI Director James Comey will all be challenged in the suit.
Throughout history, governments have used the confiscation of private property, as well as bullying and surveillance techniques, to keep populations under control and maintain a continuous threat against those who would dare criticize them.
The explicit enshrinement of the right to be left alone is one of the crucial features that has defined America as such a unique and moral nation.
Since 2006, the NSA has been spying on us, treating American citizens as no more than common criminals, casting suspicion on honest people with not even a whisper of criminal activity about them. These are not the actions befitting a country that was once held up as a paragon of freedom and a model for the rest of the world.
This lawsuit is will surely please the large majority of Americans who do not agree with the intrusive spying of the NSA.
You can download the complaint and sign up to join the class action lawsuit HERE.


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Does Sitting a Rookie Quarterback Actually Help Long-Term?
by Robert Mays
A few days before the conversation about Johnny Manziel turned to his vacation habits, Browns coach Mike Pettine told reporters that he expected a real competition for Cleveland's starting quarterback spot. Declarations like this aren't new to late May. Lately, they've been used mostly as a way to tell month-old NFL players that jobs won't be handed to them. Two months later, those jobs usually are. If a team drafts a quarterback in the first two rounds these days, there's a good chance he's going to start. But with this class, it's starting to sound like coaches are actually committed to holding off.
Jim Trotter said last week that it would take "something catastrophic" for Derek Carr to bypass Matt Schaub in Oakland this year. The Jaguars have already come out and said they want Chad Henne to start all 16 games. Right now, it seems like Teddy Bridgewater is the only rookie quarterback with a clear path to be his team's starter, thanks in part to the Vikings not having another choice.
If the Browns, Raiders, and Jags actually do keep their highly drafted QBs on the sideline all year, it'll spark a debate that's been dormant for a few years now. Since 2011, only three quarterbacks drafted in the first two rounds haven't spent their rookie seasons as their teams' primary starters: Colin Kaepernick, Jake Locker, and Brock Osweiler. Locker's time on the sideline was because of injury, and the 49ers and Broncos each won 13 games in the year their quarterbacks were drafted. They weren't exactly in a hurry.
There are plenty of reasons for this. With the new CBA, quarterbacks drafted in the first round are notably cheaper. Teams are better served, like Jacksonville was, to see as quickly as possible whether their top-10 pick can actually play. If he can't, they can move on from him in three short seasons, just like the Jaguars did with Blaine Gabbert. Another issue is the time allotted to a team's front office. The personnel team last year in Cleveland didn't even have a chance to pick their own quarterback before getting shipped out of town. If a team needs a quarterback early, there's a good chance that team is flailing, and flailing GMs aren't usually served by putting that quarterback on the bench for a season.
What should matter is whether playing or sitting a rookie quarterback actually gives teams an advantage in the long term. The answer to that, based on the careers of the 64 quarterbacks taken in the first two rounds from 1999 through last season, isn't simple.
In trying to figure out whether a redshirt year actually helps a rookie quarterback, I sorted each of them by the combined Pro-Football-Reference Approximate Value they had in their second and third seasons. The goal was to see whether most of the better quarterbacks in Years 2 and 3 started a majority of their games as rookies.
The results were mixed. Daunte Culpepper, Cam Newton, and Carson Palmer were all tied at the top with 32 AV combined in Years 2 and 3. Newton and Palmer were both primary starters as rookies. Culpepper spent his first season backing up Jeff George. Eli Manning, Kaepernick, and Donovan McNabb were all first-year backups who finished among the top 10, while Joe Flacco and Matt Ryan are still two of the best arguments for throwing rookies into the fire. There are a few examples that skew the results a bit. Andrew Luck has played only two seasons, but if he matched his Year 2 total next year, he'd be in the top five. Philip Rivers wasn't a starter until his third season, but that season was one of the best debuts by any quarterback in NFL history.
The point is that based on performance, there's really no straight answer to which route ends up making for better quarterbacks. Matt Leinart and Brady Quinn are tied near the bottom with 3 AV each. Leinart got the reins as a rookie. Quinn didn't.
Another element that the Jags, Raiders, and Browns are obviously taking into account is whether a rookie quarterback gives them the best chance to win more games now. None of these teams is in line to compete for a Super Bowl, but there's something to be said about maybe staying a bit more competitive while your rookie quarterback gets a chance to learn.
The numbers there are about as helpful as they are with individual quarterbacks — so, not very. Since 1999, the teams that have sat their first- or second-round rookie quarterback for a majority of their games have won an average of 7.32 games. Teams that start theirs have won 7.16. It's not a considerable difference, and each group has its share of extreme examples that might push the numbers one way or the other. I already mentioned Kaepernick and Osweiler, and the rookie starters group has Roethlisberger's 15 wins in 2004, which were mostly the product of an all-time great defense.
It isn't the most exciting conclusion, but I'd say that from these examples, it looks like a quarterback is going to succeed independent of whether he starts as a rookie. Situation seems to have more of an impact than time spent on the bench. Daunte Culpepper walked on to a team with Cris Carter and Randy Moss. That probably mattered more than learning the professional ropes from Jeff George. Carson Palmer went from 60.9 percent completions and a dead-even touchdown-to-interception ratio as a rookie to 67.8, 32 touchdowns, and 12 interceptions in his second year. In his case, spending 16 games getting a feel for professional football apparently helped.
There isn't a right choice, and as teams do their best to spin the one they make over the next three months, that's worth remembering. Whether Manziel, Bortles, and Carr are ready to start as rookies is one thing. Knowing there's no defined path that will turn them into quality, long-term starters is another.
Filed Under: NFL, Blake Bortles, Johnny Manziel, Derek Carr, Matt Schaub, Chad Henne, Daunte Culpepper, Carson Palmer, Rookie quarterbacks, Robert Mays
Robert Mays is a staff writer at Grantland.
Archive @ robertmays
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redpajama_set_name: RedPajamaCommonCrawl


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Works by Yue Hu
( view other items matching `Yue Hu`, view all matches )
Disambiguations Disambiguations:
Yue Hu [6] Yue-Xia Hu [1] Yue-Xin Hu [1] Yueyang Hu [1]
See also See also:
Yue Hu
Emotional Creativity Improves Posttraumatic Growth and Mental Health During the COVID-19 Pandemic.Hong-Kun Zhai, Qiang Li, Yue-Xin Hu, Yu-Xin Cui, Xiao-Wei Wei & Xiang Zhou - 2021 - Frontiers in Psychology 12.details
Emotional creativity refers to a set of cognitive abilities and personality traits related to the originality of emotional experience and expression. Previous studies have found that emotional creativity can positively predict posttraumatic growth and mental health. The outbreak of coronavirus disease 2019 (COVID-19) has posed great challenges to people's daily lives and their mental health status. Therefore, this study aims to address the following two questions: whether emotional creativity can improve posttraumatic growth and mental health during the COVID-19 pandemic and (...) how it works. To do this, a multiple mediation model has been proposed, which supposes that emotional creativity is associated with posttraumatic growth and mental health through perceived social support and regulatory emotional self-efficacy. The study involved 423 participants from multiple regions with different COVID-19 involvement levels. Participants were asked to complete a questionnaire with six parts, which included Emotional Creativity Inventory (ECI), Regulatory Emotional Self-Efficacy Scale (RES), Stress-Related Growth Scale-Short Form (SRGS-SF), Multidimensional Scale of Perceived Social Support scale (MSPSS), Brief Symptom Inventory-18 scale (BSI-18), and COVID-19-related life events questionnaire. Path analysis used to examine the mediation model indicated that under the control of COVID-19-related life events and age, perceived social support mediated a positive association between emotional creativity and posttraumatic growth as well as a negative association between emotional creativity and all mental health problems, including somatization, depression, and anxiety. Regulatory emotional self-efficacy mediates the association between emotional creativity and posttraumatic growth, emotional creativity and anxiety, and emotional creativity and depression. The results suggest that emotional creativity plays an important role in coping with stressful events related to COVID-19. Furthermore, these results might provide a better understanding of the possible paths through which emotional creativity is related to psychological outcomes, such as mental health and posttraumatic growth. (shrink)
COVID-19 in Philosophy of Science, Misc
Social Media for Health Campaign and Solidarity Among Chinese Fandom Publics During the COVID-19 Pandemic.Qiaolei Jiang, Shiyu Liu, Yue Hu & Jing Xu - 2022 - Frontiers in Psychology 12.details
Background:As a highly contagious disease, the COVID-19 pandemic has become a serious health threat and psychological burden for the global communities. From the conceptual perspective of affordances, this research examined the role of social media for health campaign and psychological support during the global crisis.Methods:Data from both social media and a nationwide survey were collected and analyzed. Face mask-related posts on Sina Weibo from January 1, 2020, to June 30, 2020, were retrieved and studied. Face mask wearing as a well-established (...) preventive measure was identified and examined from hashtag topics. A nationwide survey with a randomized experiment embedded was conducted to further investigate the mobilizing dynamics.Results:During the escalation phase in the first half of 2020, the hashtag topic "#national mask campaign#," initiated by a celebrity, topped the ranking of mask-related topics on Weibo. The findings indicated that prevention activities, solidarity expression, and names of celebrity idols were frequently discussed. With celebrity idols as opinion leaders, millions of fandom publics actively participated in this hashtag health campaign. Results of the nationwide survey show the popularity of fan identity, and the experiment results demonstrate the strong mobilizing power of celebrity idol and fandom community in civic engagement and participation among young Chinese.Conclusions:The research demonstrates how the affordances of social media, such as liking, commenting, reposting, and hashtagging can be influential in promoting health behaviors and expressing solidarity. Implications for public health professionals and policymakers to raise awareness and understanding about health campaigns via social media are discussed. (shrink)
The evaluation of playing styles integrating with contextual variables in professional soccer.Lingfeng Kong, Tianbo Zhang, Changjing Zhou, Miguel-Angel Gomez, Yue Hu & Shaoliang Zhang - 2022 - Frontiers in Psychology 13.details
PurposePlaying styles play a key role in winning soccer matches, but the technical and physical styles of play between home and away match considering team quality in the Chinese Soccer Super League remain unclear. The aim of this study was to explore the technical and physical styles of play between home and away matches integrating with team quality in the CSL.Materials and methodsThe study sample consists of 480 performance records from 240 matches during the 2019 competitive season in the CSL. (...) These match events were collected using a semi-automatic computerized video tracking system, Amisco Pro®. A k-means cluster analysis was used to evaluate team quality and then using principal component analysis to identify the playing styles between home and away matches according to team quality. Differences between home and away matches in terms of playing styles were analyzed using a linear mixed model.ResultsOur study found that PC1 presented a positive correlation with physical-related variables such as HIRD, HIRE, HSRD, and HSRE while PC2 was positively associated with the passing-related variables such as Pass, FPass, PassAcc, and FPAcc. Therefore, PC1 typically represents intense-play styles while PC2 represents possession-play styles at home and away matches, respectively. In addition, strong teams preferred to utilize intensity play whereas medium and weak teams utilized possession play whenever playing at home or away matches. Furthermore, the first five teams in the final overall ranking in the CSL presented a compensated technical-physical playing style whereas the last five teams showed inferior performance in terms of intensity and possession play.ConclusionIntensity or possession play was associated with the final overall ranking in the CSL, and playing styles that combine these two factors could be more liable to win the competition. Our study provides a detailed explanation for the impact of playing styles on match performances whereby coaches can adjust and combine different playing styles for ultimate success. (shrink)
Spatio-temporal evolution and influencing factors of scientific and technological innovation level: A multidimensional proximity perspective.Yongzhe Yan, Lei Jiang, Xiang He, Yue Hu & Jialin Li - 2022 - Frontiers in Psychology 13.details
Through a literature analysis, this study proposes that the difference between scientific innovation and technological innovation has been ignored in the current research on the level of scientific and technological innovation and its influencing factors. Combined with multidimensional proximity and knowledge type of current research, a theoretical induction has been carried on their corresponding relation with scientific innovation and technological innovation, research hypotheses were proposed the multidimensional proximity effect on the mode and degree of scientific innovation and technological innovation, five (...) theoretical factors, which are the economic development level, regional economic structure, the level of opening to the outside world, science and technology input and education input, are proposed to affect the level of scientific innovation and technological innovation. In this study, the Yangtze River Delta region of China from 2001 to 2018 is selected as the research sample, and the two hypotheses proposed are tested through a mixed method of exploratory spatial data analysis and spatial panel econometric model. The main conclusions are as follows: i) As an exogenous variable, geographical proximity has a small impact on the level of scientific innovation, but a large impact on the level of technological innovation; ii) As endogenous variables, theoretical influencing factors may not play a significant role in the actual environment due to the complex influence of multidimensional proximity; iii) Based on the idea of improving multidimensional proximity and the actual situation of the region and the city, we can formulate policies conducive to improving the regional and urban innovation environment. (shrink)
Evolutionary Biology in Philosophy of Biology
Differentially Expressed Genes Extracted by the Tensor Robust Principal Component Analysis (TRPCA) Method.Yue Hu, Jin-Xing Liu, Ying-Lian Gao, Sheng-Jun Li & Juan Wang - 2019 - Complexity 2019:1-13.details
In the big data era, sequencing technology has produced a large number of biological sequencing data. Different views of the cancer genome data provide sufficient complementary information to explore genetic activity. The identification of differentially expressed genes from multiview cancer gene data is of great importance in cancer diagnosis and treatment. In this paper, we propose a novel method for identifying differentially expressed genes based on tensor robust principal component analysis, which extends the matrix method to the processing of multiway (...) data. To identify differentially expressed genes, the plan is carried out as follows. First, multiview data containing cancer gene expression data from different sources are prepared. Second, the original tensor is decomposed into a sum of a low-rank tensor and a sparse tensor using TRPCA. Third, the differentially expressed genes are considered to be sparse perturbed signals and then identified based on the sparse tensor. Fourth, the differentially expressed genes are evaluated using Gene Ontology and Gene Cards tools. The validity of the TRPCA method was tested using two sets of multiview data. The experimental results showed that our method is superior to the representative methods in efficiency and accuracy aspects. (shrink)
New Stability Criteria for Event-Triggered Nonlinear Networked Control System with Time Delay.Hongqian Lu, Yue Hu, Chaoqun Guo & Wuneng Zhou - 2019 - Complexity 2019:1-13.details
This paper discusses the stability of semi-Markovian jump networked control system containing time-varying delay and actuator faults. The system dynamic is optimized while the network resource is saved by introducing an improved static event-triggered mechanism. For deriving a less conservative stability criterion, the Bessel–Legendre inequalities approach is employed to the stability analysis and plays a major role. By constructing the enhanced Lyapunov–Krasovskii functional relevant to the Legendre polynomials, a stability criterion with lower conservativeness indexed by N is derived, and the (...) conservativeness will decrease as N increases. In addition, a controller is designed. To prove the validity of this paper, numerical examples are provided at the last. (shrink)
Spin Hamiltonian parameters and local structures for tetragonal and orthorhombic Ir2+centers in AgCl.Yue-Xia Hu, Shao-Yi Wu & Xue-Feng Wang - 2010 - Philosophical Magazine 90 (11):1391-1400.details
Quantum Mechanics in Philosophy of Physical Science
A Study on the Earliest Representation of Garment & Accessories in the Figure Illustrations of 'Nushi zhen'.Yue Hu - 2009 - Asian Culture and History 1 (2):P170.details
The earliest Chinese handscroll extant painting is the 'Nushi zhen' by Gu Kaizhi housed in the British Museum, which is now often considered to be a Tang Dynasty copy of the original. This article shows the study of the representation of garment and accessories of the figure illustrations all-sided in the painting. And by comparing with correlated literature and images, it opens out the typical skills and style in which the ancient Chinese figure painters of Jin Dynasty (AD 265-420) depicting (...) the apparels in the handscroll painting. (shrink)
Relationships Between Depressive Symptoms, Interpersonal Sensitivity and Social Support of Employees Before and During the COVID-19 Epidemic: A Cross-lag Study.Songli Mei, Cuicui Meng, Yueyang Hu, Xinmeng Guo, Jianping Lv, Zeying Qin, Leilei Liang, Chuanen Li, Junsong Fei, Ruilin Cao & Yuanchao Hu - 2022 - Frontiers in Psychology 13.details
This study examined the correlation between depressive symptoms, interpersonal sensitivity, and social support before and during the COVID-19 pandemic and verified causal relationships among them. The study used Social Support Scale and Symptom Self-Rating Scale to investigate relevant variables. A total of 1,414 employees from company were recruited for this longitudinal study, which a follow up study was conducted on the same group of participants 1 year later. Paired sample t-test results showed that significant differences were only found in social (...) support, not in depressive symptoms or interpersonal sensitivity. The results of correlation analysis showed that social support, depressive symptoms, and interpersonal sensitivity were significantly correlated between wave 1 and wave 2. The cross-lag autoregressive pathway showed that employees' social support level, depressive symptoms, and interpersonal sensitivity all showed moderate stability. Crossing paths showed that wave 1 social support could significantly predict wave 2 depressive symptoms and wave 2 interpersonal sensitivity. Wave 1 depressive symptoms could significantly predict wave 2 social support, while wave 1 interpersonal sensitivity could not predict wave 2 social support. Social support can be considered as a protective factor against mental health problems. (shrink)


The pathophysiology of immobilization hypercalcemia is thought to be due to the combination of increased bone resorption and the inability of the kidneys to excrete the excess calcium. Compared to other age groups, an adolescent has a higher than normal bone turnover rate and more total bone mineral. 16 Immobilization causes a decrease in osteoblastic activity in the weight-bearing bones and an increased rate of bone resorption. Together, these factors lead to a higher-than-normal serum calcium level when subjected to a prolonged period of immobilization. In most cases, the kidneys can usually excrete the calcium, but in some patients this ability breaks down.


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300 years ago: September 1st, 1715. Death of Louis XIV
Sad news reaches Louisiana this month. Louis Quatorze is dead. Louisiana's namesake is no more. The Sun King has set on the French Empire. Philippe II, Duke of Orleans, became regent in 1715 for his nephew, the future Louis XV. Philippe ruled France for the next eight years and gave his name to the capital city of the Louisiana colony. The Duke had little to do with the faraway colony, almost immediately granting it to Antoine Crozat and then in 1717 turning it over to John Law's Mississippi Company, later called the Company of the West, and finally the Company of the Indies. Louisiana was thus a mercantile "for profit" colony until 1731 when it reverted back to the crown. It was largely the economic policies of these companies that led to the appearance and the reality of Louisiana as a generally neglected colony of France.
As my researches have shown, while this neglect had an important effect on the politics and economy of the colony, and while, at least in the official records, Louisiana always seems to be starving, it was, in fact, the settlers, the natives, and the slaves who really built the economy of the colony through their own labors with help provided by the vibrant activities of the unofficial smuggling trade and practices that formed the real foundation of French Louisiana and the cuisine that we still enjoy and celebrate today.
Don't forget, the thesis propounded here may be found in the first volume of my work on French Colonial Culinary History, The Petticoat Rebellion, available on Amazon in print and Kindle as well as a free iBook at the iBookstore. The foundation of the ideas presented are listed in the Bibliography link found at the 1718 Project webpage – www. 1718neworleans.com
Stay tuned to this Facebook page for these Tricentennial moments marking notable events that occurred 300 years ago. And don't forget the website and Facebook page are designed for collaboration. Let me know what you think.
ANNOUNCEMENT-ANNOUNCEMENT-ANNOUNCEMENT
A Bohemian among the WASPs


Next week, we'll be joined by Eliot Gray Fisher, co-director of the Austin-based transmedia performance group ARCOS.
"ARCOS' mission is to experiment rigorously to discover adventurous new forms of contemporary performance—especially by integrating overlapping layers of newer and older technologies in ways that question dominant understandings of the world, explore moments when cultures collide, and examine the turbulent processes of traditions in flux."
In other words, right up our alley.
Everyone should take a few minutes before next week to check out some of their work here: http://www.arcosdance.com/videos/.


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About Johnathon
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Hello and Welcome to my site dedicated to Johnathon Schaech from such movies as That thing You Do!, Hush, Doom Generation and How To make An American Quilt just to name a few. For a full list of Johnathon's movies as well as upcoming movies click here or just click on movies on the left. Enjoy!
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