December 2011 archive

On This Day In History December 3

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.

December 3 is the 337th day of the year (338th in leap years) in the Gregorian calendar. There are 28 days remaining until the end of the year.

On this day in 1947,A Streetcar Named Desire opened on Broadway.

Marlon Brando‘s famous cry of “STELLA!” first booms across a Broadway stage, electrifying the audience at the Ethel Barrymore Theatre during the first-ever performance of Tennessee Williams‘ play A Streetcar Named Desire.

The 23-year-old Brando played the rough, working-class Polish-American Stanley Kowalski, whose violent clash with Blanche DuBois (played on Broadway by Jessica Tandy), a Southern belle with a dark past, is at the center of Williams’ famous drama. Blanche comes to stay with her sister Stella (Kim Hunter), Stanley’s wife, at their home in the French Quarter of New Orleans; she and Stanley immediately despise each other. In the climactic scene, Stanley rapes Blanche, causing her to lose her fragile grip on sanity; the play ends with her being led away in a straitjacket.

Widely considered a landmark play, A Streetcar Named Desire deals with a culture clash between two iconic characters, Blanche DuBois, a fading relic of the Old South, and Stanley Kowalski, a rising member of the industrial, urban working class.

The play presents Blanche DuBois, a fading but still-attractive Southern belle whose pretensions to virtue and culture only thinly mask alcoholism and delusions of grandeur. Her poise is an illusion she presents to shield others (but most of all, herself) from her reality, and an attempt to make herself still attractive to new male suitors. Blanche arrives at the apartment of her sister Stella Kowalski in the French Quarter of New Orleans, on Elysian Fields Avenue; the local transportation she takes to arrive there includes a streetcar route named “Desire.” The steamy, urban ambiance is a shock to Blanche’s nerves. Blanche is welcomed with some trepidation by Stella, who fears the reaction of her husband Stanley. As Blanche explains that their ancestral southern plantation, Belle Reve in Laurel, Mississippi, has been “lost” due to the “epic fornications” of their ancestors, her veneer of self-possession begins to slip drastically. Here “epic fornications” may be interpreted as the debauchery of her ancestors which in turn caused them financial losses. Blanche tells Stella that her supervisor allowed her to take time off from her job as an English teacher because of her upset nerves, when in fact, she has been fired for having an affair with a 17-year-old student. This turns out not to be the only seduction she has engaged in-and, along with other problems, has led her to escape Laurel. A brief marriage marred by the discovery that her spouse, Allan Grey, was having a homosexual affair and his subsequent suicide has led Blanche to withdraw into a world in which fantasies and illusions blend seamlessly with reality.

In contrast to both the self-effacing and deferential Stella and the pretentious refinement of Blanche, Stella’s husband, Stanley Kowalski, is a force of nature: primal, rough-hewn, brutish and sensual. He dominates Stella in every way and is physically and emotionally abusive. Stella tolerates his primal behaviour as this is part of what attracted her in the first place; their love and relationship are heavily based on powerful-even animalistic-sexual chemistry, something that Blanche finds impossible to understand.

The arrival of Blanche upsets her sister and brother-in-law’s system of mutual dependence. Stella’s concern for her sister’s well-being emboldens Blanche to hold court in the Kowalski apartment, infuriating Stanley and leading to conflict in his relationship with his wife. Blanche and Stanley are on a collision course, and Stanley’s friend and Blanche’s would-be suitor Mitch, will get trampled in their path. Stanley discovers Blanche’s past through a co-worker who travels to Laurel frequently, and he confronts her with the things she has been trying to put behind her, partly out of concern that her character flaws may be damaging to the lives of those in her new home, just as they were in Laurel, and partly out of a distaste for pretense in general. However, his attempts to “unmask” her are predictably cruel and violent. In their final confrontation, Stanley rapes Blanche, which results in her nervous breakdown. Stanley has her committed to a mental institution, and in the closing moments, Blanche utters her signature line to the kindly doctor who leads her away: “Whoever you are, I have always depended on the kindness of strangers.”

Not Popular Culture 20111202: 90th

Normally on Friday evenings I write about popular culture, but no tonight.  I am very wistful for several reasons, on of which is that if she had lived, my mum would have turned 90 years old today.

Born to a dirt poor couple when her mum was only 18 years old (my grandmum and granddad married when my grandmum was only 16 years old), Geraldine Sandlin entered this vale of tears on 19211202.  It was cold, and in accordance with the custom of the time, she was born at home with relatives taking the place of physicians.

Big Brother is watching you.

Franken Investigates Secret Surveillance Software Loaded onto Smart Phones

By: David Dayen, Firedog Lake

Friday December 2, 2011 10:55 am

Carrier IQ’s alibi is that their software merely oversees and corrects network glitches rather than saves every keystroke you make on your phone. Nobody really buys that. This software has shown up on over 140 million phones nationwide.

Google has disclaimed any association with Carrier IQ. The iPhone includes some iteration of Carrier IQ, and other wireless manufacturers have admitted that the software is on their phones, but claim that the carriers requested them.

If this all sounds creepy, well, you’re paying attention. It also appears to violate US law.

Not that I have any love left for Al after his sell out on Protect IP.

But wait- there’s more.

(h/t CTuttle)

‘Spy Files’ Published by WikiLeaks Detail Massive International Surveillance Industry

By: Kevin Gosztola, Firedog Lake

Thursday December 1, 2011 10:10 am

This collection of brochures, manuals, contracts, presentations and catalogs can be broken down into four categories, which the Bureau for Invesitgative Journalism (TBIJ) details.

  1. Location Tracking – Surveillance companies peddle an IMSI catcher, “a popular mobile phone tracking technology” that can intercept mobile phones. TBIJ explains the “highly portable devices” can be “as small as a fist” and are capable of masking as a cell phone tower and emitting a signal that “can dupe thousands of mobile phones in a targeted area.” Users of this device “can then intercept SMS messages, phone calls and phone data.” Ability in Israel, Rohde & Schwarz in Germany and Harris Corp in the US are all companies that market this device. The Federal Bureau of Investigation (FBI) also uses the device and says it can “without a court order.”
  2. Hacking – TBIJ finds many of the companies sell “Trojan” software and “phone malware that allows the user to take control of a target’s computer or phone.” Companies that offer technology that make this possible include the “Hacking Team of Italy, Vupen Security in France, Gamma Group in the UK and SS8 in the US each offer such products, which they variously claim can hack the Apple iPhone, BlackBerry, Skype and the Microsoft operating system.” Especially alarming, SS8 claims its “Intellego product allows security forces to ‘see what they see, in real time’ including a ‘target’s draft-only emails, attached files, pictures and videos.’ Elaman, according to TBIJ, “says governments can use its products to ‘identify an individual’s location, their associates and members of a group, such as political opponents’.”
  3. Massive Surveillance – US companies like Blue Coat Systems and Cisco Systems “offer corporate and government buyers technology to filter out certain websites.” They sell technology that can “monitor and censor an entire country’s data or telecommunications network.” TBIJ explains this captures “everyone’s activities” whether they are suspects or not. And, the information that is collected can be sifted through to see what is valuable.
  4. Data Analysis – Phone conversations, individuals’ locations and Internet traffic can all be captured with “sophisticated analysis tools” that intelligence agencies, the military and the police are using for criminal investigations and on the battlefield.

Highlighting the kind of electronic surveillance that goes on in countries like Syria, Appelbaum declares during the press conference, “There are people being murdered every day as a result of these surveillance devices.” He adds, “These are exactly the kinds of tools the Stasi wished to us” and strongly urges people to reject the idea of lawful interception. (Lawful interception is what these companies say they are doing to get away with selling spy technology.)



The Washington Post reports many of the companies that sell the technology are “global suppliers.” They target law enforcement agencies and other government buyers. Additionally, the news publication finds, “Of the 51 companies whose sales brochures and other materials were obtained and released by WikiLeaks, 17 have secured U.S. government contracts in the last five years for agencies such as the FBI, the State Department and the National Security Agency, according to a Washington Post analysis of federal procurement documents.

Punting the Pundits

“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”.

Paul Krugman: Killing the Euro

Can the euro be saved? Not long ago we were told that the worst possible outcome was a Greek default. Now a much wider disaster seems all too likely.

True, market pressure lifted a bit on Wednesday after central banks made a splashy announcement about expanded credit lines (which will, in fact, make hardly any real difference). But even optimists now see Europe as headed for recession, while pessimists warn that the euro may become the epicenter of another global financial crisis.

How did things go so wrong? The answer you hear all the time is that the euro crisis was caused by fiscal irresponsibility. Turn on your TV and you’re very likely to find some pundit declaring that if America doesn’t slash spending we’ll end up like Greece. Greeeeeece!

Peter van Buren: Thought crime in Washington

Federal employees are the only ones who know what’s happening inside the government and their voices are being silenced.

Here’s the First Amendment, in full: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Those beautiful words, almost haiku-like, are the sparse poetry of the American democratic experiment. The Founders purposely wrote the First Amendment to read broadly, and not like a snippet of tax code, in order to emphasise that it should encompass everything from shouted religious rantings to eloquent political criticism. Go ahead, re-read it aloud at this moment when the government seems to be carving out an exception to it large enough to drive a tank through. [..]

As the occupiers of Zuccotti Park, like those pepper-sprayed at UC Davis or the Marine veteran shot in Oakland, recently found out, the government’s ability to limit free speech, to stopper the First Amendment, to undercut the right to peaceably assemble and petition for redress of grievances, is perhaps the most critical issue our republic can face.

If you were to write the history of the last decade in Washington, it might well be a story of how, issue by issue, the government freed itself from legal and constitutional bounds when it came to torture, the assassination of US citizens, the holding of prisoners without trial or access to a court of law, the illegal surveillance of American citizens, and so on. In the process, it has entrenched itself in a comfortable shadowland of ever more impenetrable secrecy, while going after any whistleblower who might shine a light in.

Now, it also seems to be chipping away at the most basic American right of all, the right of free speech, starting with that of its own employees. As is often said, the easiest book to stop is the one that is never written; the easiest voice to staunch is the one that is never raised.

Richard (RJ) Eskow: Britain’s Massive Anti-Austerity Strike: Could It Happen Here?

Millions of employees mounted Great Britain’s first General Strike in many years today after the government threatened to impose more cuts in retirement benefits and pay for public workers.

It was a smash success. As many as two million strikers proved that the public’s patience with the unjust fiscal regime known as ‘austerity economics’ has its limits. It highlighted the important role unions can and must play in the fight for a more just and stable economy.

And it raised an important question for the United States: Could it happen here?

Jeffrey L. Fischer: The Bill of Rights Doesn’t Come Cheap

ON Tuesday, the Supreme Court will hear oral arguments in Williams v. Illinois, the latest in a string of cases addressing whether the Sixth Amendment’s confrontation clause – which gives the accused in a criminal case the right “to be confronted with the witnesses against him” – applies to forensic analysts who produce reports for law enforcement. In other words, should an analyst responsible for, say, a fingerprint report have to show up at trial to face questions about the report?

A logical application of the law produces an easy answer: Yes. The court has defined a “witness against” a defendant as a person who provides information to law enforcement to aid a criminal investigation. That is exactly what forensic analysts do.

Subjecting forensic analysts to cross-examination is also good policy. According to a recent National Academy of Sciences study, forensic science is not nearly as reliable as it is perceived to be. DNA specimens, for instance, are sometimes contaminated; fingerprint, ballistics and even run-of-the-mill drug and alcohol analyses depend on human interpretation and thus are subject to error. Worse, investigations over the past decade have revealed outright incompetence and fraud in many crime labs. So it makes sense to subject the authors of lab reports to cross-examination – a procedure the court has called “the greatest legal engine ever invented for the discovery of truth.”

Jesse Eisinger: Wall Street Is Already Occupied

Last week, I had a conversation with a man who runs his own trading firm. In the process of fuming about competition from Goldman Sachs, he said with resignation and exasperation: “The fact that they were bailed out and can borrow for free – It’s pretty sickening.”

Though the sentiment is commonplace these days, I later found myself thinking about his outrage. Here was someone who is in the thick of the business, trading every day, and he is being sickened by the inequities and corruption on Wall Street and utterly persuaded that nothing had changed in the years since the financial crisis of 2008.

Then I realized something odd: I have conversations like this as a matter of routine. I can’t go a week without speaking to a hedge fund manager or analyst or even a banker who registers somewhere on the Wall Street Derangement Scale.

That should be a great relief: Some of them are just like us! Just because you are deranged doesn’t mean you are irrational, after all. Wall Street is already occupied – from within.

Jason Linkins: Senate ‘Secret Santa’ Effort Won’t Actually Solve America’s Problems, According To Political Science

According to this Reuters report, Sens. Al Franken (D-Minn.) and Mike Johanns (R-Neb.) are trying to set up a “Secret Santa” gift exchange with the members of their august body, and while “no one predicts” the effort “will unleash unprecedented bipartisan tidings of comfort and joy,” it’s still seen as a “political test” of whether senators can do anything at all that does not end in everyone setting fire to one another. So far, Franken and Johanns have signed up 58 members, so this is still two votes short of cloture. [..]

At any rate, I wish our senators all the best in their attempt to manufacture Christmas cheer, but what I’d really like to know is how I can get hooked up with the Federal Reserve’s “Secret Santa” exchange, which seems much, much cooler.

This Week In The Dream Antilles: Lester Maddox Edition

Oh please forgive your Bloguero his excesses and tantrums.

Yesterday your Bloguero was vexed and found himself exploding when Noot Gingrich proposed yet again that poor children (read: poor, urban children of color) work as assistant janitors and that they mop floors and clean bathrooms. These children, Noot told us, don’t have good work habits, and neither do their parents. They need to learn them, he opined, and that dollars must be earned solely by the sweat of their brows and not from engaging in the illegal activities that are so very pervasive in their neighborhoods. Your Bloguero imagines that this “idea” will eventually emerge in Congress as the “Poor, Urban Children’s Mandatory Work Act of 2012,” and that it will void child labor laws and make degrading manual work a pre-requisite to receipt of school nutrition programs if not elementary school attendance itself.

When your Bloguero was a child in Newark, his school didn’t have a course in brooming so that he could be channeled into a life of required, permanent manual work, showing up on Monday mornings for inadequate pay, and submissive obedience to the straw boss. Your Bloguero wasn’t asked to trade his pens and pencils and crayons for brooms and mops. No. Back then, it was a world of upward mobility. For everyone.  And it was fervently asserted, everybody could become President, and the elementary school was everybody’s first station on the trip toward a good life. The good life, your Bloguero was always told, was built on merit. And education. And hard work. And desire. Your Bloguero notes that there could have been far worse things to tell him, including that he should start sweeping now because that was his station in life.

Noot is an experienced politician. He is far from congenitally tone deaf. And he knows how to whistle for the dogs. Let’s recall that he’s from Georgia. And let’s also recall that it wasn’t that long ago that Governor Lester Maddox was passing out ax handles in Atlanta. And so, dear reader, this ain’t no dog whistle. It’s blatant racism.  Just look at Noot’s characterization of the neighborhoods in which poor children are raised. This isn’t code; it’s Noot mashing the black keys on the electoral piano with his elbow.

These neighborhoods and their residents, Noot would have us believe, are dominated by shiftlessness, by drug dealing, by welfare queens, by benefits fraud, by crime, by illegal activities of all descriptions. Your Bloguero spares you a repetition of the litany of historic grievances against the urban poor encapsulated in Noot’s remarks. So Noot’s resurrecting the pre-integration Georgia of 1953. And he’s saying that the children who are raised in these ghetto neighborhoods need to be put in their place because their families won’t do it. And the rest of the populace shouldn’t have to pay for it. And the place where these children belong, less you forget it, is as assistant janitors while they are in elementary school. Who are they to aspire to be president?

Your Bloguero is enraged. He notes in passing that this isn’t the first, nor will it be the last time that a presidential candidate plays the race card before November, 2012. Your Bloguero just wonders why there is a storm about Herman Cain’s affair and his serial sex harassments, but so far blatant racism seems to be getting a hall pass.

This Week In The Dream Antilles is usually a weekly digest. Sometimes, like now and for several of the past weeks, it isn’t actually a digest of essays posted at The Dream Antilles. For that you have to visitThe Dream Antilles.

On this Day In History December 2

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.

December 2 is the 336th day of the year (337th in leap years) in the Gregorian calendar. There are 29 days remaining until the end of the year.

On this day in 2001, Enron filed for Chapter 11 bankruptcy protection in a New York court, sparking one of the largest corporate scandals in U.S. history.

An energy-trading company based in Houston, Texas, Enron was formed in 1985 as the merger of two gas companies, Houston Natural Gas and Internorth. Under chairman and CEO Kenneth Lay, Enron rose as high as number seven on Fortune magazine’s list of the top 500 U.S. companies. In 2000, the company employed 21,000 people and posted revenue of $111 billion. Over the next year, however, Enron’s stock price began a dramatic slide, dropping from $90.75 in August 2000 to $0.26 by closing on November 30, 2001.

As prices fell, Lay sold large amounts of his Enron stock, while simultaneously encouraging Enron employees to buy more shares and assuring them that the company was on the rebound. Employees saw their retirement savings accounts wiped out as Enron’s stock price continued to plummet. After another energy company, Dynegy, canceled a planned $8.4 billion buy-out in late November, Enron filed for bankruptcy. By the end of the year, Enron’s collapse had cost investors billions of dollars, wiped out some 5,600 jobs and liquidated almost $2.1 billion in pension plans.

Accounting practices

Enron had created offshore entities, units which may be used for planning and avoidance of taxes, raising the profitability of a business. This provided ownership and management with full freedom of currency movement and the anonymity that allowed the company to hide losses. These entities made Enron look more profitable than it actually was, and created a dangerous spiral, in which each quarter, corporate officers would have to perform more and more contorted financial deception to create the illusion of billions in profits while the company was actually losing money. This practice drove up their stock price to new levels, at which point the executives began to work on insider information and trade millions of dollars worth of Enron stock. The executives and insiders at Enron knew about the offshore accounts that were hiding losses for the company; however, the investors knew nothing of this. Chief Financial Officer Andrew Fastow led the team which created the off-books companies, and manipulated the deals to provide himself, his family, and his friends with hundreds of millions of dollars in guaranteed revenue, at the expense of the corporation for which he worked and its stockholders.

In 1999, Enron launched EnronOnline, an Internet-based trading operation, which was used by virtually every energy company in the United States. Enron president and chief operating officer Jeffrey Skilling began advocating a novel idea: the company didn’t really need any “assets.” By pushing the company’s aggressive investment strategy, he helped make Enron the biggest wholesaler of gas and electricity, trading over $27 billion per quarter. The firm’s figures, however, had to be accepted at face value. Under Skilling, Enron adopted mark to market accounting, in which anticipated future profits from any deal were tabulated as if real today. Thus, Enron could record gains from what over time might turn out to be losses, as the company’s fiscal health became secondary to manipulating its stock price on Wall Street during the Tech boom. But when a company’s success is measured by agreeable financial statements emerging from a black box, a term Skilling himself admitted, actual balance sheets prove inconvenient. Indeed, Enron’s unscrupulous actions were often gambles to keep the deception going and so push up the stock price, which was posted daily in the company elevator. An advancing number meant a continued infusion of investor capital on which debt-ridden Enron in large part subsisted. Its fall would collapse the house of cards. Under pressure to maintain the illusion, Skilling verbally attacked Wall Street Analyst Richard Grubman, who questioned Enron’s unusual accounting practice during a recorded conference call. When Grubman complained that Enron was the only company that could not release a balance sheet along with its earnings statements, Skilling replied “Well, thank you very much, we appreciate that . . . asshole.” Though the comment was met with dismay and astonishment by press and public, it became an inside joke among many Enron employees, mocking Grubman for his perceived meddling rather than Skilling’s lack of tact. When asked during his trial, Skilling wholeheartedly admitted that industrial dominance and abuse was a global problem: “Oh yes, yes sure, it is.”

Abridging the Sixth Amendment

Sixth Amendment to the United States Constitution

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Tonight the US Senate has abridged that amendment with the passage of the National Defense Authorization Act that contains a provision that would allow for the indefinite detention of American civilians arrested on American soil suspected of being “enemy combatants” by a vote of 93 -7. It allows for anyone alleged to be an “enemy combatant” anywhere in the world sent to military prisons indefinitely without even being charged with a crime.

The bill sponsored by Sen. Carl Levin (D-MI) and Sen. John McCain (R-AZ) was drafted in secret and passed out of committee without a single hearing.

Glen Greenwald at Salon highlights the most alarming aspects of the bill:

   (1) mandates that all accused Terrorists be indefinitely imprisoned by the military rather than in the civilian court system; it also unquestionably permits (but does not mandate) that even U.S. citizens on U.S. soil accused of Terrorism be held by the military rather than charged in the civilian court system (Sec. 1032);

   (2) renews the 2001 Authorization to Use Military Force (AUMF) with more expansive language: to allow force (and military detention) against not only those who perpetrated the 9/11 attacks and countries which harbored them, but also anyone who “substantially supports” Al Qaeda, the Taliban or “associated forces” (Sec. 1031); and,

   (3) imposes new restrictions on the U.S. Government’s ability to transfer detainees out of Guantanamo (Secs. 1033-35). [..]

The Levin/McCain bill would require that all accused Terrorists be held in military detention and not be charged in a civilian court – including those apprehended on U.S. soil – with two caveats: (1) it exempts U.S. citizens and legal residents from this mandate, for whom military detention would still be optional (i.e., in the discretion of the Executive Branch); and (2) it allows the Executive Branch to issue a waiver if it wants to charge an accused Terrorist in the civilian system.

As per emptywheel, Sen. Diane Feinstein (D-CA) proposed an amendment (pdf) that would have removed the language but it was defeated by a vote of 45 – 55.

Some has forgotten to tell the Senate that Osama bun Laden is dead, we have killed virtually all of Al Qaeda’s leadership and the group is “operationally ineffective” in the Afghan-Pakistan and region and that we are near completion of withdrawal from Iraq and beginning to draw down the troops in Afghanistan. But the absurd view from war hawk, conservatives like Sen. Lindsay Graham (R-SC) who believe Al Qaeda is a threat that requires trashing the Constitution, as Graham said:

“The threats we face as a nation are growing. Homegrown terrorism is going to become a greater reality, and we need to have tools,” Graham argued. “Law enforcement is one tool, but in some cases holding people who have decided to help al Qaeda and turn on the rest of us and try to kill us so we can hold them long enough to interrogate them to find out what they’re up to makes sense.”

“When you hold somebody under the criminal justice system you have to read them their rights right off the bat,” Graham added. “Under the law of war you don’t because the purpose is to gather intelligence. We need that tool now as much as any time, including World War II.”

That is most chilling statement regarding to our civil liberties. This is from the same man who supported President Obama’s due-process-free assassination of Anwar Awlaki that totally disregarded Article 3, Section 3 of the Constitution which provides that nobody can be punished for treason without heightened due process requirements being met.

It isn’t often that freshman Tea Party Sen. Rand Paul (R-KY) says something sensible but he wrote in the Washington Times defending the Sixth Amendment that the “war on terror doesn’t justify retreat on rights”:

James Madison, father of the Constitution, warned, “The means of defense against foreign danger historically have become instruments of tyranny at home.” Abraham Lincoln had similar thoughts, saying, “America will never be destroyed from the outside. If we falter, and lose our freedoms, it will be because we destroyed ourselves.”

During war, there has always been a struggle to preserve constitutional liberties. During the Civil War, the right of habeas corpus was suspended. Newspapers were closed. Fortunately, those actions were reversed after the war.

The discussion now to suspend certain rights to due process is especially worrisome, given that we are engaged in a war that appears to have no end. Rights given up now cannot be expected to be returned. So we do well to contemplate the diminishment of due process, knowing that the rights we lose now may never be restored.

Will President Obama veto this bill as has been hinted? Not likely, since as Greenwald point out Obama has maintained that dozens of detainees would continue to be held indefinitely and that he planned“not to close, but simply to re-locate to Illinois, the Guantanamo system of indefinite, military detention.” While the President has expressed his opposition to the bill, his objection is that the matter of denying accused terrorists a civilian trial is not up to Congress but for the President alone to decide. In other words, the White House’s objections are grounded in broad theories of Executive Power.

While Greenwald may be willing to believe the White House is opposed to having the military detain and imprison U.S. citizens on U.S. soil, there are those who think President Obama is more concerned over who should get to decide which accused terrorist suspects are denied due process, not whether they should be.

They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty. Benjamin Franklin

Chipping away at our liberties. Frightening.

MA Attorney General Sues 5 Major Banks & MERS

Another state attorney general is suing five major banks and Mortgage Electronic Registration System Inc. and its parent company over deceptive foreclosure practices. Massachusetts Attorney General Martha Coakley  filed the suit on Wednesday seeking redress from Bank of America Corp., JPMorgan Chase & Co., Wells Fargo & Co., Citigroup Inc., and Ally Financial.

Ms. Coakley joins a small group of state attorney generals from larger states that have been hit the hardest by the foreclosure/mortgage fraud scandal:

  • Nevada Attorney General Catherine Cortez Masto sued Bank of America for fraudulent practices related to a prior settlement on Countrywide loans and recently filed a 606-count criminal indictment against two LPS employees for robo-signing;
  • Delaware AG Beau Biden sued MERS for deceptive practices;
  • New York’s Eric Schneiderman has a ever expanding investigation into foreclosure and securitization fraud and has issued a number of subpoenas for documents;
  • California’s Kamala Harris just filed subpoenas against Fannie Mae and Freddie Mac over mortgage servicing and securitization.
  • Ms. Coakley, whose reputation was tarnished after her loss to a Republican for the late Ted Kennedy’s senate seat, has been strong on tightening state regulations and force banks to assist financially stressed homeowners save their homes:

    Coakley spoke in support of legislation she filed in January with state Senator Karen Spilka, an Ashland Democrat, and Representative Steven M. Walsh, a Lynn Democrat. The proposed law, which they call An Act to Prevent Unlawful and Unnecessary Foreclosures, focuses on mortgage loans that are considered to be risky, including those with interest-only payment and adjustable rates.

    The bill would require lenders to analyze a borrower’s financial information to determine whether modifying the loan to a more affordable payment would be more beneficial financially to the lender than going through the lengthy and costly process of taking the property through foreclosure. Many lenders already undertake such a study before deciding whether to foreclose, but the bill would permit homeowners to file a lawsuit if the process does not occur, according to Coakley’s staff.

    The proposed law also would force lenders to prove they are the legal owner of mortgages before foreclosing, incorporating the findings of recent foreclosure-related decisions from the state’s Supreme Judicial Court.

    These five state attorney generals are doing the hard work that should be done by the US Attorney General Eric Holder. Instead Mr. Holder is still clinging to Iowa AG Tom Miller’s stalled negotiations with the banks to settle the fraud for a mere $25 billion and exoneration from criminal prosecution. Mr. Holder has made protecting banks and corporations his priority and just recently announced a new initiative to prosecute intellectual property rights thefts by the public. This is not what Americans elected this administration to do.

    Rocky, Rocky?

    Rocky Anderson returns – this time shooting for president

    By Robert Gehrke, The Salt Lake Tribune

    Nov 30, 2011 09:56AM

    Disgusted with what he calls the corrupting influence of corporate money and militarism in politics, former Salt Lake City Mayor Rocky Anderson is launching a new national political party and will likely be its presidential nominee.

    “The end game is changing public policy in the interest of the people of this country. It’s changing our government,” Anderson said. “This is about taking on the two corporatist, militarist parties and in the process bringing the people of this country together so they can see that their interests, by and large, are really aligned.”



    “This is being done with a long-term view so that we can grow and sustain a movement that will ensure that the public interest, rather than the corporate interests, are promoted by our elected officials,” said Anderson, who acknowledges he wishes he would have started the effort earlier.

    Anderson said he is leaning toward calling the new organization The Justice Party or the Public Interest Party. He plans to host the party’s national platform and nominating convention in Salt Lake City during the Presidents Day weekend.



    Matt Lyon, executive director of the Utah Democratic Party, said he doesn’t consider Anderson’s latest action a repudiation of the Democratic Party – Anderson ran for Congress in 1996 as a Democrat.

    “Rocky has always done what Rocky is going to do,” he said. “He hasn’t been involved with the Democrats for a very, very, very long time. … He’s just Rocky.”



    “The middle class in this country is being decimated and it’s without regard for political affiliation,” Anderson said in an interview. “All of us are being harmed while a very few are profiting enormously by the corruption, by bad public policy that they essentially purchase. These folks in Congress and the White House act as if they’re on retainer by Goldman Sachs, the insurance industry, with the coal and oil and gas industry, with the defense industry.”

    (h/t Taylor Marsh)

    With rumors that Buddy Roemer and Jon Huntsman may also mount Independent bids it may be that 2012 will indeed offer a choice, not an echo.

    (h/t TheMomCat)

    Eric Holder Wants Us To Protect MTV

    Apparently, US Attorney General Eric Holder thinks it is far more important to protect corporations from intellectual property (IP) theft than to protect us from predatory and fraudulent banking practices that has led to collapse of the economy. He is more concerned that you or your neighbor are illegally downloading movies or songs from the internet or receiving pharmaceuticals from Canada.

    On November 29, Mr. Holder held a press conference to announce a serious crack down on IP theft:

    As our country continues to recover from once-in-a-generation economic challenges, the need to safeguard intellectual property rights – and to protect Americans from IP crimes – has never been more urgent. But, in many ways, this work has also never been more difficult.

    Recent technological advances – particularly in methods of manufacturing and distribution – have created new opportunities for businesses of all sizes to innovate and grow. But these quantum leaps have also created new vulnerabilities, which tech-savvy criminals are eager to exploit. As a result, we’re seeing an alarming rise in IP crimes – illegal activities that can not only devastate individual lives and legitimate businesses, but undermine our nation’s financial stability and prosperity.

    Make no mistake: IP crimes are anything but victimless. For far too long, the sale of counterfeit, defective, and dangerous goods has been perceived as “business as usual.”   But these and other IP crimes can destroy jobs, suppress innovation, and jeopardize the health and safety of consumers.   In some cases, these activities are used to fund dangerous – and even violent – criminal enterprises and organized crime networks. And they present a significant – and growing – threat to our nation’s economic and national security.

    But we are fighting back – in bold, comprehensive, and collaborative ways.

    One of those “bold, comprehensive, and collaborative ways” is a series of series of television, radio, and Internet public service announcements that will ask the public to spy on their neighbors.

    We shouldn’t be surprised by this since, as reported in the Wired:

    The Justice Department under President Barack Obama has seen a sea change in attitude when it comes to intellectual-property enforcement, which could have been predicted by the number of former Recording Industry Association of America attorneys appointed by the Obama administration. (Hollywood votes and donates Democratic).

    Meanwhile, as Matt Stoller writes, mortgage fraud continues unabated and unprosecuted:

    In 2004, the FBI warned Congress of an “epidemic of mortgage fraud,” of unscrupulous operators taking advantage of a booming real estate market. Less than two years later, an accounting scandal at Fannie Mae tipped us off that something was very wrong at the highest levels of corporate America.

    Of course, we all know what happened next. Crime invaded the center of our banking system. Wall Street CEOs were signing on to SEC documents knowing they contained material misstatements. The New York Fed, riddled with conflicts of interest, shoveled money to large banks and tried to hide it under the veil of central bank independence. Even Tim Geithner noted that Lehman had “air in the marks” in its valuations of asset-backed securities, as the bankruptcy examiner’s report showed that accounting manipulation to disguise the condition of the balance sheet was a routine management tool at the bank. [..]

    And yet, no handcuffs. [..]

    And what happens when this kind of fraud goes unprosecuted? It continues, even today. The same banks that ran the corrupt home mortgage securitization chain are now committing rampant fraud in the foreclosure crisis. Here’s New Orleans Bankruptcy Judge Elizabeth Magner discussing problems at Lender Processing Services, the company that handles 80 percent of foreclosures on behalf of large banks. [..]

    The bad behavior is so rampant that banks think nothing of a contractor programming fraud into the software. This is shocking behavior and has led to untold numbers of foreclosures, as well as the theft of huge sums of money from mortgage-backed securities investors.

    It would be nice if the Obama Justice Department devoted the same man power, resources and efforts into prosecuting the banks and mortgage service lenders who pushed fraudulent loans and have illegally foreclosed on thousands of homes. The attitude of Obama administration continues to be that they must bail out banks and protect corporations while the public gets sold out by the government that is suppose to protect us.

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