10/26/2011 archive

2.24pm: I’ve just spoken to Keith Shannon, roommate of Scott Olsen, the Iraq veteran who is in hospital after apparently having been hit in the head by a police projectile.

Shannon said doctors told him Olsen has a “skull fracture and swelling of the brain”. A neurosurgeon will assess Olsen later today to determine whether he needs surgery, Shannon said.

Olsen, 24, was in 3rd Battalion, 4th Marines, before leaving the military last year. He had been opposed to the Iraq war even before his first tour to the country, Shannon said. Shannon and Olsen met in November or December 2005, and share an apartment in Daly City, south of San Francisco.

Rubber bullets and shotgun propelled bean bags can maim and kill, if the person is hit in the head, chest or abdomen. This is over-reaction by the Oakland Police on the orders of Oaklands Chinese-American mayor Jean Quan

While President Obama was telling the small crowd at a $7500-a-plate fundraiser in San Francisco that “Change is possible,” Pooda Miller was across the bay trying to get her plate back from the Oakland Police Department. “They came, pulled out rifles, shot us up with tear gas and took all our stuff,” said Miller, at an afternoon rally condemning the violent evacuation of more than 170 peaceful, unarmed Occupy Oaklanders by 500 heavily-armed members of the Oakland Police Department and other local departments yesterday morning.

Miller and others are calling for the recall of Jean Quan, who made history as Oakland’s first Asian-American mayor (full disclosure: Quan’s daughter is my Facebook friend); and they are complaining about the use of excessive police violence authorized by Interim Chief Howard Jordan, an African American. Such conflicts between former minorities are becoming the norm in what more conservative commentators call the “post-racial” era ushered in by the election of Obama.

Quan and Jordan are in the throes of dealing with a police department plagued by officer-involved shootings and killings, corruption and other crimes-crimes that have forced a federal consent decree to reform the department, after officers were convicted of planting evidence and beating suspects in West Oakland. Taking her cue from the Obama campaign of 2008, Quan announced Jordan’s appointment at a public safety forum titled “Creating Hope in the Community.”

Many like Miller and other Occupy Oaklanders are having second thoughts about what feels like the affirmative actioning of policing and state violence. Others, like Ofelia Cuevas of the University of California’s Center for New Racial Studies, see the workings of a not-so-21st-century pattern of policing and power.

From Slate, Why Isn’t Tear Gas Illegal?

Yes, but only in war. The 1993 Chemical Weapons Convention doesn’t apply to domestic law enforcement. (The United States was a major proponent of the exemption, fearing that the convention might be interpreted to prohibit lethal injection.)

[]

In enclosed spaces, however, the chemical agent can have much more serious effects. When police plan to use tear gas grenades to flush suspects out of a house, they start by comparing the dose of CS with the volume of the building and calculating a “lethal concentration time.” That’s the number of minutes it will take before most people inside would die from exposure. If the lethal concentration time is nearing, and the suspects haven’t yet emerged, the police start breaking windows for ventilation.

It’s not entirely clear how many people have been killed by CS. Amnesty International said 50 Palestinians died from inhalation in the late 1980s-prompting a brief suspension of tear gas sales to Israel-but those conclusions are disputed. The FBI used CS in its raid on the Branch Davidian compound (PDF) in Waco, but the ensuing fire left it unclear how, exactly, the cult members were killed. Such incidents have prompted a search for less toxic crowd-dispersing chemicals such as malodorants, but none has proven as effective as tear gas. Russia appears to be moving in the other direction, using the powerful opiate fentanyl to incapacitate rebels during a 2002 hostage crisis. That approach ended up killing more than 100 innocent people.

The United States is so enthusiastic about riot-control agents that it has a standing Executive Order reserving the right to use them on the battlefield, in spite of the Chemical Weapons Convention’s prohibition, to protect convoys or prevent the use of civilian shields. While the U.S. hasn’t invoked the order since ratifying the Convention in 1997, Donald Rumsfeld made news in 2003 when he raised the possibility.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Wednesday is Ladies’ Day.

Katrina vanden Heuvel: The Republicans’ war on science and reason

Last month, Washington Post columnist Steve Pearlstein wrote that if you wanted to come up with a bumper sticker that defined the Republican Party’s platform it would be this: “Repeal the 20th century. Vote GOP.” With their unrelenting attempts to slash Social Security, end Medicare and Medicaid and destroy the social safety net, Republicans are, indeed, on a quest of reversal. But they have set their sights on an even bolder course than Pearlstein acknowledges in his column: It’s not just the 20th century they have targeted for repeal; it’s the 18th and 19th too.

The 18th century was defined, in many ways, by the Enlightenment, a philosophical movement based on the idea that reason, rational discourse and the advancement of knowledge, were the critical pillars of modern life. The leaders of the movement inspired the thinking of Charles Darwin, Thomas Jefferson and Ben Franklin; its tenets can be found in the Declaration of Independence and the U.S. Constitution. But more than 200 years later, those basic tenets – the very notion that facts and evidence matter – are being rejected, wholesale, by the 21st-century Republican Party.

Amy Goodman: Globalizing Dissent, From Tahrir Square to Liberty Plaza

The winds of change are blowing across the globe. What triggers such change, and when it will strike, is something that no one can predict.

Last Jan. 18, a courageous young woman in Egypt took a dangerous step. Asmaa Mahfouz was 25 years old, part of the April 6 Youth Movement, with thousands of young people engaging online in debate on the future of their country. They formed in 2008 to demonstrate solidarity with workers in the industrial city of Mahalla, Egypt. Then, in December 2010, a young man in Tunisia, Mohamed Bouazizi, set himself on fire to protest the frustration of a generation. His death sparked the uprising in Tunisia that toppled the long-reigning dictator, President Zine el-Abidine Ben Ali.

[]

Nine months later, Asmaa Mahfouz was giving a teach-in at Occupy Wall Street. Standing on steps above the crowd Monday night, she had a huge smile on her face as she looked out on a sea of faces. After she finished, I asked her what gave her strength. She answered with characteristic humility, speaking English: “I can’t believe it when I saw a million people join in the Tahrir Square. I’m not more brave, because I saw my colleagues, Egyptian, were going towards the policemen, when they just pushing us, and they died for all of us. So they are the one who are really brave and really strong. … I saw people, really, died in front of me, because they were protecting me and protecting others. So, they were the most brave, bravest men.”

The the tilt of the justice system that now favors the very elite took its sharpest turn with President Gerald Ford’s pardon of Richard Nixon. That pardon cost Ford his own term in the Oval Office and paved the way for future presidents to ignore the laws. In 2006, Americans infuriated with the corruption and crimes of the Bush administration, overwhelmingly threw out the Republicans from both houses of Congress. The electorate wanted the Bush cabal reigned in even if it meant the impeachment if both George W. Bush and his puppet master, Dick Cheney. They wanted the restoration of the balance of powers, the rules of law and the Constitution. So what did the Democratic leadership under House Speaker Nancy Pelosi and Majority Leader Sen. Harry Reid, do? They took impeachment off the table and paved the way for even more abuse of power by the executive branch, trampling of protected freedoms, and disregard for the law. President Barack Obama has refused to investigate the Bush administration crimes and has bent over backwards to continue to cover them up by hiding the evidence under the guise of national security. The current attempt by Obama and his Justice Department to exempt the banking industry from being held responsible for the fraud that brought this country to its economic knees, is a violation of his oath of office. The fact that the Americans are now fed up with our political system that has perpetuated this is now evident across this country with Occupy Wall Street. Our elected officials need to start listening, the message is clear, hold the criminals responsible whether it be Wall St., the banks or our elected representatives.

Glenn Greenwald, contributing editor for Salon and author of the new book, “Liberty and Justice for Some”, talks with Rachel Maddow about how the justice system in the United States has become corrupted such that powerful people are not prosecuted for breaking the law.

As multiple episodes demonstrate, a belief that elite immunity is both necessary and justified became the prevailing ethos in the nation’s most influential circles. In countless instances over recent years, prominent political and media figures have insisted that serious crimes by the most powerful should be overlooked- either in the name of the common good, or in the name of a warped conception of fairness according to which those with the greatest power are the most entitled to deference and understanding.

This is what makes the contemporary form of American lawlessness new and unprecedented. It is now perfectly common, and perfectly acceptable, to openly advocate elite immunity. And this advocacy has had its intended effect: the United States has become a nation that does not apply the rule of law to its elite class, which is another way of saying that the United States does not apply the rule of law. . . .

If the threat of real punishment for criminality is removed, for many rational people there will be little incentive to abide by the law and much incentive to break it. Alexander Hamilton, in Federalist 15, explained why.

   “It is essential to the idea of a law, that it be attended with a sanction; or, in other words, a penalty or punishment for disobedience. If there be no penalty annexed to disobedience, the resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice or recommendation.”

For the nation’s most powerful elites, the law has indeed been whittled down to “nothing more than advice or recommendation.” Although there have been episodes of unpunished elite malfeasance throughout American history, the explicit, systematic embrace of the notion that such malfeasance should be shielded from legal consequences begins with the Watergate scandal- one of the clearest cases of widespread, deliberate criminality at the highest level of the U.S. government.

Occupy Wall Street NYC now has a web site for its General Assembly  with up dates and information. Very informative and user friendly. It has information about events, a bulletin board, groups and minutes of the GA meetings.

Date/Time

Date(s) – 26 Oct 2011

3:00 PM – 7:00 PM

Location

Liberty Plaza

Under the Big Red Thing

   March

Time:

3:00pm Sign Making in Liberty Plaza

4:00pm Open Speakout – come share your personal struggles with our healthcare system

4:30pm March Against the Health Insurance Industry

March Details:

4:30pm – Empire Blue Cross Blue Shield / One Liberty Plaza: located across the street from Zuccotti park, Empire is a subsidiary of WellPoint, the largest publicly-traded health insurance company. CEO Angela Braley’s overall compensation is $13.1 million dollars, enough to cover 1455 New Yorkers.

5:30pm – WellCare / 110 5th Ave: the for-profit company that administers Medicaid and Medicare Advantage programs in New York and other states. Currently being investigated for fraud with estimates that WellCare illegally siphoned $400 million to $600 million from state health insurance programs for the poor. (1)

6pm – St Vincent’s Community Hospital / 12th St & 7th Ave: closed earlier this year due to bankruptcy, St Vincent’s is a casualty of profit-driven insurers and a healthcare system that leaves 50 million Americans uninsured. There are now no hospitals on the westside below 57th st.

From our friend evenyc at Daily Kos

OAKLAND — Police fired tear gas at least five times Tuesday night into a crowd of several hundred protesters backing the Occupy movement who unsuccessfully tried to retake an encampment outside Oakland City Hall that officers had cleared away more than 12 hours earlier.

Police gave repeated warnings to protesters to disperse from the entrance to Frank Ogawa Plaza at 14th Street and Broadway before firing several tear gas canisters into the crowd at about 7:45 p.m. Police had announced over a loudspeaker that those who refused to leave could be targeted by “chemical agents.”

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

October 26 is the 299th day of the year (300th in leap years) in the Gregorian calendar. There are 66 days remaining until the end of the year.

On this day in 1881, the Earp brothers face off against the Clanton-McLaury gang in a legendary shootout at the OK Corral in Tombstone, Arizona.

On the morning of October 25, Ike Clanton and Tom McLaury came into Tombstone for supplies. Over the next 24 hours, the two men had several violent run-ins with the Earps and their friend Doc Holliday. Around 1:30 p.m. on October 26, Ike’s brother Billy rode into town to join them, along with Frank McLaury and Billy Claiborne. The first person they met in the local saloon was Holliday, who was delighted to inform them that their brothers had both been pistol-whipped by the Earps. Frank and Billy immediately left the saloon, vowing revenge.

Around 3 p.m., the Earps and Holliday spotted the five members of the Clanton-McLaury gang in a vacant lot behind the OK Corral, at the end of Fremont Street. The famous gunfight that ensued lasted all of 30 seconds, and around 30 shots were fired. Though it’s still debated who fired the first shot, most reports say that the shootout began when Virgil Earp pulled out his revolver and shot Billy Clanton point-blank in the chest, while Doc Holliday fired a shotgun blast at Tom McLaury’s chest. Though Wyatt Earp wounded Frank McLaury with a shot in the stomach, Frank managed to get off a few shots before collapsing, as did Billy Clanton. When the dust cleared, Billy Clanton and the McLaury brothers were dead, and Virgil and Morgan Earp and Doc Holliday were wounded. Ike Clanton and Claiborne had run for the hills.

Doing the same thing over and over again and expecting different results.

Sometimes (like Krugman) you have to re-arrange the order.

Over before it began

by digby

Tuesday, October 25, 2011

So here’s what’s happened so far. The President put forth a jobs bill, which didn’t make it through the congress, as expected. This jobs bill was highly touted as containing “ideas” that Republicans had proposed in the past and therefore, it should have “something for everyone.” Needless to say, the GOP wasn’t interested in any one from column A and one from column B negotiating. After the defeat of the big jobs package, the Democrats announced they were going to propose popular pieces of the bill and force the Republicans to prove once and for all that they don’t care about the plight of the average American as they join together in Scrooglike conformity.

Unfortunately, the Republicans decided not to play (surprise!) and are instead proposing their own combinations of the most toxic conservative elements of the President’s bill and the President is apparently signing on, thus signing into law a terrible GOP policy while simultaneously giving them a “bipartisan” win.

…

What, at this point, is the rationale of the Democratic Party? We’ll kill terrorists twice as hard and only slash the safety net half as much? We’ll pass the Republican agenda so they don’t have to?

…

I’m not sure what the President hopes to gain by proposing and then signing deeply unpopular GOP legislation, but that appears to be the plan.

Do you get it now digby?

(References supplied)

President Obama announced that millions more underwater homeowners can take advantage of a refinancing program if their loan is owned or guaranteed by Fannie Mae or Freddie Mac. But, there are shortcomings, helpings banks more than homeowners by eliminating liability associated with the origination of the mortgage, including putback liability. From Yves Smith who asks why Obama is bothering to do this:

First, Obama is addicted to the appearance of Doing Something, regardless of whether it is productive. A clear sign is the apparent failure to investigate why HARP was a dud.

[]

Second, this is a sop to the banks, because a refi ends any liability associated with the origination of the mortgage, including putback liability. Now that would seem to be a big “get out of jail free” card for banks engaged in putback litigation. But the reason this is not as nefarious as it might seem is that current mortgages aren’t the big bone of contention in putbacks (even if the originator lied, the borrower is paying, so there are no damages). But it would also end any chain of title issue on that mortgage

At Huffington Post, Zack Carter gives a more detailed explanation:

   The newly expanded program would expunge legal liabilities associated with mortgages refinanced through the program for the original lenders of the mortgages. Each time a bank sent a loan to Fannie and Freddie, it certified that the loan met Fannie and Freddie’s safe lending criteria. But many loans sent to the mortgage giants did not, in fact, meet those criteria. Currently, when borrowers default on those ineligible loans, the mortgage giants can “put back” the resulting losses onto the banks that pushed the loans.

   Under the modified plan, “put back” liability at banks will be erased for any underwater mortgage that is refinanced through HARP, eliminating Fannie and Freddie’s ability to sack lenders with losses in the event that the mortgage does not pan out.

   If borrowers go through HARP, but decide after several months that the modest monthly savings do not outweigh owing tens of thousands of dollars more than their home is worth, taxpayer-owned Fannie and Freddie will have to take the full loss. Even if the original loan was sent to Fannie and Freddie with false or fraudulent guarantees from the bank – promises that may directly be tied to the borrower’s current financial problems – banks will be immune from liability. Fannie and Freddie plan to charge banks “a modest fee” to extinguish this liability, but the administration has yet to determine what that fee will be.

Professor William Black of the University of Missouri, Kansas City and Zack Carter of the Huffington Post join Dylan Ratigan to discuss the problems of Obama’s mortgage program

Find out why Mayor Chris Myers, Medford, N.J., is WORSE; Dave Briggs, Alisyn Camerota and Clayton Morris, hosts of the weekend edition of Fox & Friends on “Fixed” News, are WORSER; and Herman Cain is the WORST PERSON IN THE WORLD for Oct. 24, 2011.