March 2012 archive

Foreclosure Fraud: Finally the Details

The Foreclosure Fraud Settlement documents were filed in federal court and released to the public. There is a lot to wade through but the intrepid David Dayen at FDL News Desk breaks them down in a series of four articles that highlight just how easy these banks are getting off and what they are getting away with. Some of it will really make your blood boil:

Foreclosure Fraud Settlement Docs (I): Ally’s Side Deal

What accounts for this? Probably this little nugget buried in a Reuters article on the settlement:

  Some banks negotiated separate requirements.

   Ally Financial, for example, negotiated a steep discount on the fine part of its settlement, based on an inability to pay it, according to people familiar with the matter.

   It was expected to pay some $250 million, but the Justice Department cut it to around $110 million, these people said.

   In exchange, it committed to solicit all borrowers in its own loan portfolios and to offer to cut principal for delinquent borrowers down to 105 percent of the home’s value. It also offered to refinance underwater borrowers who are current on their payments.

Gee, I didn’t know that federal and state civil penalties had a “pay what you can” quality to them. [..]

About those state funds: there is nothing to stop state AGs from using them in any way they see fit. Note the weasel words in this language (which I’ve bolded):

Each State Attorney General shall designate the uses of the funds set forth in the attached Exhibit B-1. To the extent practicable, such funds shall be used for purposes intended to avoid preventable foreclosures, to ameliorate the effects of the foreclosure crisis, to enhance law enforcement efforts to prevent and prosecute financial fraud, or unfair or deceptive acts or practices and to compensate the States for costs resulting from the alleged unlawful conduct of the Defendants.

   No more than ten percent of the aggregate amount paid to the State Parties under this paragraph 1(b) may be designated as a civil penalty, fine, or similar payment. The remainder of the payments is intended to remediate the harms to the States and their communities resulting from the alleged unlawful conduct of the Defendant and to facilitate the implementation of the Borrower Payment Fund and consumer relief.

You have that strong word “shall” competing with “to the extent practicable.” And indeed, several states have already made clear that they will be diverting much of the settlement into their state budgets. More make it clear in the settlement docs, more on that later.

Foreclosure Fraud Settlement Docs (II): Giving Homes to Charity as a Penalty

Another part of the document explains that any modification under any government housing program can qualify under the settlement credits:

   Eligible modifications include any modification that is made on or after Servicer’s Start Date, including:

   i. Write-offs made to allow for refinancing under the FHA Short Refinance Program;

   ii. Modifications under the Making Home Affordable Program (including the Home Affordable Modification Program (“HAMP”) Tier 1 or Tier 2) or the Housing Finance Agency Hardest Hit Fund (“HFA Hardest Hit Fund”) (or any other federal program) where principal is forgiven, except to the extent that state or federal funds paid to Servicer in its capacity as an investor are the source of a Servicer’s credit claim.

   iii. Modifications under other proprietary or other government modification programs, provided that such modifications meet the guidelines set forth herein.

Presumably those programs weren’t all going to shut down. So banks doing what they’ve been doing, meeting the minimum requirements of those other programs, will help them complete the settlement requirements.

Foreclosure Fraud Settlement Docs (III): “Internal Review Group”

Page E-3 details the “internal review group”:

   Servicer will designate an internal quality control group that is independent from the line of business whose performance is being measured (the “Internal Review Group”) to perform compliance reviews each calendar quarter (“Quarter”) in accordance with the terms and conditions of the Work Plan (the “Compliance Reviews”) and satisfaction of the Consumer Relief Requirements after the (A) end of each calendar year (and, in the discretion of the Servicer, any Quarter) and (B) earlier of the Servicer assertion that it has satisfied its obligations thereunder and the third anniversary of the Start Date (the “Satisfaction Review”). For the purposes of this provision, a group that is independent from the line of business shall be one that does not perform operational work on mortgage servicing, and ultimately reports to a Chief Risk Officer, Chief Audit Executive, Chief Compliance Officer, or another employee or manager who has no direct operational responsibility for mortgage servicing.

So the bank can take their own employees out of another part of the bank and have them conduct a quarterly review, which then gets passed to the monitors and becomes the initial basis for enforcement. Even if you believe these will be “independent” internal reviews, we’ve seen with the OCC foreclosure reviews that those independent reviewers paid for and hired by the banks typically write bank-friendly reports. In fact, a later note indicates that “The Internal Review Group may include non-employee consultants or contractors working at Servicer’s direction.”

Foreclosure Fraud Settlement Docs (IV): Association of Mortgage Investors Planning to Challenge in Court

At any rate, if there’s one group who does not agree with HUD that investors won’t end up footing the bill for a substantial portion of the settlement, it’s… the Association of Mortgage Investors. The trade group representing investors in mortgage-backed securities fully believes they will be on the hook for losses, and so they will challenge the settlement in federal court.

   As the federal court reviews the final settlement, AMI asks that the following changes be made on behalf of all investors:

   Transparency. The NPV (net present value) model incorporated into the settlement must consider all of a borrower’s debts, be national in scope, transparent, and publicly disclosed; the NPV model must be developed by an independent third-party. An incorrect NPV model likely will lead to further re-defaults and further harm distressed homeowners.

   Monetary Cap to Protect Public Institutions. As intended, the settlement causes financial loss to the abusers (the bank servicers and their affiliates). Unfortunately, the settlement is expected to also draw billions of dollars from those not a party to the settlement, including public institutions, unions, and individual investors. It places first and second lien priority in conflict with its original construct thereby increasing future homeowner mortgage credit costs. It is unfair to settle claims against the robosigners with other people’s funds. While we request that it not be done, at a minimum we request that a meaningful cap be placed on the dollar amount of the settlement satisfied by innocent parties. Again, restitution should come from those who are settling these claims, and

   Public Reporting. We ask that the settlement Administrator be required to make reports public and available on a monthly basis, reporting progress on clearly defined benchmarks and detailing on both a dollar and percentage basis whether the mortgages modified are owned by the mortgage servicers or the general public.

Over at naked capitalism, Yves Smith points out The Legal Lie at the Heart of the $8.5 Billion Bank of America and Federal/State Mortgage Settlements

HUD Secretary Donovan, the propagandist in chief for the Federal/state mortgage pact, has claimed he has investor approval to do the mortgage modifications that are a significant portion of the value of the settlement. We’ll eventually see what is actually in the settlement, but the early PR was that “no less than $10 billion” of the $25 billion headline total was to come from principal reductions. Modifications of mortgages not owned by banks, meaning in securitized trusts, are counted only 50% and before Donovan realized he was committing a faux pas, he said he expected 85% of the mods to be from securitizations, so that means $17 billion. [..]

But what about this investor approval that Donovan says he has? He has told both journalists and mortgage investors directly that the bulk of the mods will come from Countrywide deals and he has consent via the $8.5 billion Bank of America/Bank of New York settlement. Huh? First, it seems more that a bit cheeky to rely on a major piece of a program via a deal that has not yet gone through (the Bank of America settlement was removed to Federal court and has now been sent back to state court, and there will be discovery in the state court process, so approval is not imminent).

But second and more important, investors approved nothing. Bank of New York is trying to act well outside its authority as trustee for the 530 Countrywide trusts in the settlement. It’s tantamount to having a friend that you gave a medical power of attorney claim that it gave him the authority to sell your car and write checks on your account.

The terms of Countrywide PSAs vary, but all appear to restrict mods. The prohibitions varied by credit quality of the deal. Alt-A and early vintage (2004 and earlier) deals often barred mods completely; subprime and later vintage deals generally allowed for a higher limit on mods, with 5% the top amount across these deals. The idea was that some mods were expected in the dreckier mortgage pools. Nevertheless, all of them, as well as the few that had no caps, also required Bank of America to buy the modified loans back at par. That is something the battered Charlotte bank would be very keen to avoid doing.

This comment by Synoia sums it all up pretty nicely:

The Banks won’t be held accountable

The Banks won’t fix their past behavior

The Banks won’t change their behavior

The Banks won’t stop bribing our politicians

The Banks won’t stop gouging consumers

The Banks won’t tell the truth about any facet of their business

The Banks won’t stop taking enormous risks with other people’s money

The Banks won’t stop paying their worthless executives too much money

Need one continue?

And this settlement won’t change a thing.

Thank you, President Obama

2012 NCAA Men’s Basketball Championship: Play In Day 1

These are much more complicated than they look.  In the interior of the pretty table are links to each school’s Men’s Basketball page and their record (not always trivial to find).

Tonight I have no particular favorites other than my basic puzzlement about why any of the Play-Ins get seeded at all.  If you’re bad enough to need to play your way in, you’re by definition worse than anyone who got an invite.

Fittingly the Play-Ins are featured on basic cable trueTV which will interrupt it’s all crime all the time schedule tonight and tomorrow starting at 6:30 pm.  When in full swing starting Thursday CBS will be partnering with Turner Broadcasting and it’s TBS and TNT (in addition to trueTV) networks to provide complete game coverage for 2 games per Region in afternoon and evening sessions.

For those following along here that means one noonish and another 6ish piece covering 8 games each.

Last year I attempted to capture updates from each game.  That was stupid.  This year you have to make your own fun.  If there is a game of particular interest you might create an anchor thread or simply note your observations below.  If ambition inspires you then do a satellite piece.  I’d be especially interested in alma reminisces.  You’ll get linked if not promoted as my time allows.

Finally, I like to tickle the ironies on occasion and so I repeat for you the song of the representative from the only League that dares, dares I say, send its regular season Champion into the fray-

I know it’s very bad form to quote one’s own reviews, but I would like to mention something that The New York Times said about me a year ago which I’ve always treasured — they said:

Mr. Lehrer’s muse is not fettered by such inhibiting factors as taste.

Now we come to that peculiar bit of americana known as the football fight song. I was reminded not too long ago, upon returning from my lesson with the scrabble pro at the Harvard Club in Boston, in the days of my undergraduacy long ago when there used to be these very long Saturday afternoons in the fall with nothing to do — the library was closed — just waiting around for the cocktail parties to begin. and on occasions like that, some of us used to wander over to the… I believe it was called the stadium, to see if anything might be going on over there. and one did come to realize that the football fight songs that one hears in comparable stadia have a tendency to be somewhat uncouth, and even violent, and that it would be refreshing, to say the least, to find one that was a bit more genteel. And here it is, dedicated to my own alma mater, and called Fight Fiercely, Harvard.

Fight fiercely, Harvard, fight, fight, fight! Demonstrate to them our skill.

Albeit they possess the might, nonetheless we have the will.

How we shall celebrate our victory, We shall invite the whole team up for tea (how jolly!)

Hurl that spheroid down the field, and fight, fight, fight!

Fight fiercely, Harvard, fight, fight, fight! Impress them with our prowess, do!

Oh, fellows, do not let the Crimson down, Be of stout heart and true.

Come on, chaps, fight for Harvard’s glorious name, Won’t it be peachy if we win the game? (oh, goody!)

Let’s try not to injure them, but fight, fight, fight! (let’s not be rough though)

And do fight fiercely! Fight, fight, fight!

Play In Day 1

Time Network Seed Team Record Seed Team Record Region
6:30 pm True 16 Western Kentucky 15-18 16 Mississippi Valley St. 21-12 South
9 pm True 14 Iona 25-7 14 BYU 25-8 West

All yours.

US Labor Market Is Still a Mess

Wages have not matched inflation, unemployment for those without work for more than six months is topping 40% while real unemployment (U-6) sits at 14.9%, the housing market continues to tumble. The cost of housing, food, health care, education, transportation has gone up while wages have gone in the other direction.

That is the reality of the US economy and it does not bode well for a sustainable recovery, not without a boost from the government. Nobel Economist Joseph E. Stiglitz writes that “the labor market is a shambles” and it’s not going to improve anytime soon without a boost from the government:

Let’s assume that job creation continues at the rate of 225,000 jobs a month. That is only about 100,000 beyond the number required to provide jobs for the average monthly number of new entrants into the labour force. At that pace, it would take 150 months to reach full employment – 13 years, some time around 2025. The independent Congressional Budget Office is more optimistic, forecasting the return of full employment by 2018. [..]

Before the crisis, 40 per cent of all investment was in property. We had a housing bubble that left a legacy of excess capacity. Continuing weakness in the property sector is reflected in high foreclosure rates and low home prices. [..]

Finally, US states and local governments are constrained, to a large extent, by having to balance their budgets. They depend heavily on property taxes, so both revenues and expenditures have plummeted. This is why there are a million fewer public employees than before the crisis. Government as a whole is being procyclical, not countercyclical. [..]

Unfortunately, little has been done about the underlying structural problems. Indeed, the downturn, during which wages have not kept pace with inflation, has in many ways made US inequality worse.

Today the American economy faces three big risks. First, a steeper European downturn, as a result of the excessive austerity and the euro crisis. Second, complacency that the economy will recover quickly without government support. Though every downturn comes to an end, that should not be of much comfort. Third, that we accept that an unemployment rate above 7 per cent is inevitable.

If my Cassandra forecast turns out to be wrong, stimulus can be cut. But if it turns out to be right, and we do too little, we will live to regret it.

We need Congress and the President to stop listening to “Washington Consensus” and the “main stream” economists that are preaching “austerity” that will only prolong the economic decline and increase poverty.

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”.

Chris Hedges: Supreme Court Likely to Endorse Obama’s War on Whistle-Blowers

Totalitarian systems disempower an unsuspecting population by gradually making legal what was once illegal. They incrementally corrupt and distort law to exclusively serve the goals of the inner sanctums of power and strip protection from the citizen. Law soon becomes the primary tool to advance the crimes of the elite and punish those who tell the truth. The state saturates the airwaves with official propaganda to replace news. Fear, and finally terror, creates an intellectual and moral void.

We have very little space left to maneuver. The iron doors of the corporate state are slamming shut. And a conviction of Bradley Manning, or any of the five others charged by the Obama administration under the Espionage Act of 1917 with passing on government secrets to the press, would effectively terminate public knowledge of the internal workings of the corporate state. What we live under cannot be called democracy. What we will live under if the Supreme Court upholds the use of the Espionage Act to punish those who expose war crimes and state lies will be a species of corporate fascism. And this closed society is, perhaps, only a few weeks or months away.

Eugene Robinson: End the Afghan mission now

It was clear before Sunday’s horrific massacre of civilians that it’s past time for the U.S. mission in Afghanistan to end. Now the only question should be how quickly we can get our troops onto transport planes to fly them home.

What are we accomplishing, aside from enraging the Afghan population we’re allegedly trying to protect? How are we supposed to convince them that a civilian massacre carried out by a U.S. soldier is somehow preferable to a civilian massacre carried out by the Taliban? How does it make any of us safer to have the United States military known for burning Korans and killing innocent Muslim children in their beds? [..]

This is supposed to be a period of transition from U.S. occupation to Afghan government control. But what do we expect to accomplish between now and 2014, when our troops are supposed to come home? We can be confident that the Afghan government will still be feckless and corrupt. We can anticipate that the Afghan military will still lack personnel, equipment and training. We can be absolutely certain that the Taliban insurgents will still constitute a threat, because – and this is what gung-ho advocates of the war fail to grasp – they live there. To them, Afghanistan is not a battlefield but a home.

It’s their country, not ours. In increasingly clear language, Afghans are telling us to leave. We should listen and oblige.

George Zornick: Progressives Mount Major Campaign to Intimidate Corporate Election Donors

Short of an outright ban of corporate money from elections, disclosure is perhaps the best antidote to the political influence of big business. Notably, since Super PACs disclose donor information, only one-half of one percent of all contributions to the most active Super PACs this campaign season came from publicly traded corporations, which are naturally sensitive to coming under attack for political activities.

Business interests instead prefer the type of electioneering practiced by nonprofits like the US Chamber of Commerce, which is planning a $50 million campaign to influence House and Senate races coast to coast this fall-and they won’t have to disclose where a single dollar came from.

With that in mind, a coalition of public interest, labor and progressive groups announced today a major, fifty-state campaign to force disclosure by any means possible. It’s called “Our Democracy is Not For Sale.”

Ben Adler: Will the Courts Protect Voting Rights?

Last week brought two rare pieces of good news for voting rights advocates. In Wisconsin, Dane County Circuit Judge David Flanagan granted a temporary injunction, requested by the NAACP’s Milwaukee branch and immigration rights group Voces de la Frontera, preventing implementation of the state’s photo identification requirement for voting. Meanwhile, the Third Circuit of the US Court of Appeals reaffirmed a 1982 consent decree preventing the Republican National Committee from intimidating minority voters.

Unfortunately, voter intimidation and disenfranchisement will still occur, in Wisconsin and throughout the country.

The Wisconsin law, passed last spring, is facing four suits. The first, which is before Judge Flanagan with a trial set to start April 16, argues that a photo identification requirement violates the right of every citizen to vote guaranteed by the Wisconsin state constitution. The League of Women Voters has filed a similar suit, and argued their case last week in front of Dane County Circuit Judge Richard Niess.

John Kinsman: “Free Trade” is Not Free – Why We All Need to Oppose the TPP

There are always winners and losers in free trade. The winners are the 1% – the wealthy at the top. The losers are the 99% – that means the rest of us.

The latest free trade deal which is now being rushed by President Obama through Congress is known as the Trans Pacific Partnership (TPP). Thirty years ago, the first free trade deals were enacted under the auspices of the World Trade Organization (WTO), including the North American Free Trade Agreement (NAFTA), the Central American Free Trade Agreement (CAFTA), the Australia/US Free Trade Agreement (AUSFTA), and many more. During this time, the global economic crisis accelerated at an alarming rate with only the 1% reaping the profits. This ongoing crisis will not end until these destructive free trade agreements are repealed and fair trade becomes the norm.

Mark Ames: Slovakia Defies the Kochs and Cato

On Saturday, the tiny EU nation Slovakia held parliamentary elections, and the results surprised the “experts”: The center-left party Smer, derisively described as “populist” in the American media, won in a record landslide, the first time a single party will control the majority in parliament in Slovakia’s post-Communist history.

The “populist” Smer won on an unexpectedly large turnout of 60 percent the socalled experts had been assuring readers there’d be a low turnout of 40 percent.

The high turnout reflects real suffering for the people of Slovakia that goes well beyond mere cynicism – they’re suffering from real, mass impoverishment, brought on by a decade of brutal free-market reforms, which hit the privatized pensions especially hard. That’s where we Americans come in, specifically the Cato Institute – but I’ll get to that in a moment.

Jon Stewart: Not Nearly as Good as Samantha Bee

Samantha Bee

Jon Stewart

On This Day In History March 13

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.

March 13 is the 72nd day of the year (73rd in leap years) in the Gregorian calendar. There are 293 days remaining until the end of the year.

On this day in 1881. Czar Alexander II, the ruler of Russia since 1855, is killed in the streets of St. Petersburg by a bomb thrown by a member of the revolutionary “People’s Will” group. The People’s Will, organized in 1879, employed terrorism and assassination in their attempt to overthrow Russia’s czarist autocracy. They murdered officials and made several attempts on the czar’s life before finally assassinating him on March 13, 1881.

Alexander II succeeded to the throne upon the death of his father in 1855. The first year of his reign was devoted to the prosecution of the Crimean War and, after the fall of Sevastopol, to negotiations for peace, led by his trusted counsellor Prince Gorchakov. The country had been exhausted and humiliated by the war. Bribe-taking, theft and corruption were everywhere. Encouraged by public opinion he began a period of radical reforms, including an attempt to not to depend on a landed aristocracy controlling the poor, a move to developing Russia’s natural resources and to thoroughly reform all branches of the administration.

Emancipation of the serfs

In spite of his obstinacy in playing the Russian autocrat, Alexander II acted willfully for several years, somewhat like a constitutional sovereign of the continental type. Soon after the conclusion of peace, important changes were made in legislation concerning industry and commerce, and the new freedom thus afforded produced a large number of limited liability companies. Plans were formed for building a great network of railways-partly for the purpose of developing the natural resources of the country, and partly for the purpose of increasing its power for defence and attack.

The existence of serfdom was tackled boldly, taking advantage of a petition presented by the Polish landed proprietors of the Lithuanian provinces and, hoping that their relations with the serfs might be regulated in a more satisfactory way (meaning in a way more satisfactory for the proprietors), he authorised the formation of committees “for ameliorating the condition of the peasants”, and laid down the principles on which the amelioration was to be effected.

This step was followed by one still more significant. Without consulting his ordinary advisers, Alexander ordered the Minister of the Interior to send a circular to the provincial governors of European Russia, containing a copy of the instructions forwarded to the governor-general of Lithuania, praising the supposed generous, patriotic intentions of the Lithuanian landed proprietors, and suggesting that perhaps the landed proprietors of other provinces might express a similar desire. The hint was taken: in all provinces where serfdom existed, emancipation committees were formed.

But the emancipation was not merely a humanitarian question capable of being solved instantaneously by imperial ukase. It contained very complicated problems, deeply affecting the economic, social and political future of the nation.

Alexander had to choose between the different measures recommended to him. Should the serfs become agricultural labourers dependent economically and administratively on the landlords, or should they be transformed into a class of independent communal proprietors?

The emperor gave his support to the latter project, and the Russian peasantry became one of the last groups of peasants in Europe to shake off serfdom.

The architects of the emancipation manifesto were Alexander’s brother Konstantin, Yakov Rostovtsev, and Nikolay Milyutin.

On 3 March 1861, 6 years after his accession, the emancipation law was signed and published.

More Bailouts for the “Too Big To Fail”

Besides the $700 billion from TARP and $17.7 trillion from the Federal Reserve the “Too Big To Fail” financial entities are still getting bailouts with tax payer dollars via tax breaks on losses. 90% of the insurance giant, American International Group Inc.’s (AIG), fourth quarter profits from 2011 were “because of an inappropriate tax break the government-owned insurance company continues to receive, according to four former members of the watchdog panel that oversaw the financial crisis bailouts“:

The break allows AIG to count its past net operating losses against future taxes. That amounts to a “stealth bailout” of a company that received about $125 billion in taxpayer money, said the former appointees to the Congressional Oversight Panel for the $700 billion Troubled Asset Relief Program.

“It’s been more than three years since AIG lost its reckless bet on mortgage-backed securities, yet today AIG continues to get special tax breaks that last quarter accounted for 90% of its profits,” the panel’s former chairwoman, Elizabeth Warren, told reporters Monday on a conference call. “We think it’s time for Congress to end the special tax break.”

Warren, who is running as a Democrat for the U.S. Senate in Massachusetts, was joined by former panel members Damon Silvers, Mark McWatters and Kenneth Troske in saying the tax break gives the illusion of significant profitability at the company.

The profits benefit AIG’s private stockholders and allow the company to pay higher executive compensation, the TARP panel members said.

“By doing it this way….billions of dollars leak out to the benefits of private parties, who really should not be benefiting from public policy in this way,” Silvers said.

The special tax exemption that AIG and other struggling companies received allows it to deduct its past losses against future tax bills thus showing a net profit. It allowed for AIG to hand out generous executive compensation and benefit private shareholders.

Just last week, Matt Stoller at naked capitalism reported that almost half the banks that had paid back TARP did so with funds from other government programs:

The Government Accountability Office continues its subtle war on the talking point used by Treasury that “TARP made money”. Here’s the GAO, with a report out today.

   As of January 31, 2012, 341 institutions had exited CPP, almost half by repaying CPP with funds from other federal programs. Institutions continue to exit CPP, but the number of institutions missing scheduled dividend or interest payments has increased.

Much of the government-supplied TARP funding (to small banks) was replaced by the Small Business Lending Fund passed in 2010, which Republicans called “TARP 2.0″.  The larger banks, however, where much of the bank-based credit creation in the economy takes place, didn’t use this program.  Instead, they got an implicit subsidy of between $6B (pdf) and $300B a year from the widespread belief that the government will not let their bondholders lose money…

You can take a stand with Ms. Warren and sign her petition:

Call on AIG to play by the rules

Afghan Massacre: Not So Lone Gunman

The claim by the US government that the latest massacre of Afghan civilians by a “lone gunman” may have some credibility gaps. The current version is:

An American soldier walked off his base in a remote southern Afghan village shortly before dawn Sunday and opened fire on civilians inside their homes, killing at least 16, including nine children, Afghan officials said. [..]

Officials shed no light on the motive or state of mind of the staff sergeant who was taken into custody shortly after the alleged massacre.

“It appears he walked off post and later returned and turned himself in,” said Lt. Cmdr. James Williams, a military spokesman.

U.S. military officials stressed that the shooting was carried out by a lone, rogue soldier, differentiating it from past instances of civilians killed accidentally during military operations.

Witnesses told Reuters that they observed a group of laughing, drunk American soldiers in the village around 2 AM:

KANDAHAR, Afghanistan, March 11 (Reuters) – Western forces shot dead 16 civilians including nine children in southern Kandahar province on Sunday, Afghan officials said, in a rampage that witnesses said was carried out by American soldiers who were laughing and appeared drunk.

One Afghan father who said his children were killed in the shooting spree accused soldiers of later burning the bodies.

Witnesses told Reuters they saw a group of U.S. soldiers arrive at their village in Kandahar’s Panjwayi district at around 2 am, enter homes and open fire. [..]

Haji Samad said 11 of his relatives were killed in one house, including his children. Pictures showed blood-splattered walls where the children were killed.

“They (Americans) poured chemicals over their dead bodies and burned them,” a weeping Samad told Reuters at the scene.

“I saw that all 11 of my relatives were killed, including my children and grandchildren,” said Samad, who had left the home a day earlier.

Neighbours said they awoke to crackling gunfire from American soldiers, whom they described as laughing and drunk.

“They were all drunk and shooting all over the place,” said neighbour Agha Lala, who visited one of the homes where the incident took place. “Their bodies were riddled with bullets.”

The BBC has a similar account:

   Most villagers expressed scepticism that this was simply the work of a soldier who had lost control. One woman described how she was woken at 02:00 by the sound of helicopters. Others spoke of seeing computerised equipment in the area.

   Whatever the true chronology of events, this incident is being seen as yet another black mark in the catalogue of deadly Nato operations.

   “I saw one person come to our home, I told my son: ‘You have to be quiet and calm because maybe this is a night raid’,” said one woman.

   An hour after gunfire erupted, she went to her brother’s home and saw that corpses from his family had been set ablaze. She screamed for help.

Lambert Strether writing at naked capitalism asks:

What do we know now that we didn’t know in 2011, 2010, or 2009? And remind me who was President in 2011, 2010, and 2009? Was it that same guy who courageously opposed “dumb wars” back in 2008?

Of course, the military is rejecting these accounts and sticking with their story. The whole issue will be “handled” by the military in the same way they “handled” the 2006 Haitha massacre in Iraq, six years from now everyone involved, including those who covered up the real story, will walk off free and without any serious penalty. Not exactly the way to “win the hearts and minds” of the Afghan people.

Iran, Israel and “The Bomb”

President Obama assured influential leaders attending American Israel Public Affairs Committee (AIPAC) last week that the Unites States has Israel’s back fighting efforts made  to delegitimize the state. But how will America be positioned against Iran’s potential nuclear threat to Israel? The Up with Chris Hayes panel Rula Jebreal (@rulajebreal), contributing writer at Newsweek; Jeremy Ben-Ami (@jeremybenami), founder & president of J Street; Leila Hilal, Middle East analyst at the New America Foundation; and Jennifer Laszlo Mizrahi, founder & president of The Israel Project discuss the contentious relationship between Israel and Iran.

The discussion that took place on Up with Chris went a long way to dispelling some myths about Iran’s nuclear energy program and the rhetoric of its alleged quest for a nuclear weapon. Chris Hayes pointed out early that “the big contest” was over whether President Obama would say “nuclear Iran” or “the capability for a nuclear weapon” in his speech to AIPAC, he went with the later. That did not stop the panelists continued false equation with a “nuclear Iran” and an Iran with a nuclear weapon. There is gaping difference between the two. “Capability” has become the code word for “the bomb”. The reality is that capability can also mean peaceful uses for nuclear energy that includes electricity and medical research.

No one, not even Hayes, mentioned that the ruling Ayatollahs have condemned nuclear weapons, as well as, chemical/biological weapons, based on religious and moral grounds. Nor did anyone mention that Iran has signed the Nuclear Weapons Non-Proliferation Treaty. Israel has not nor has Israel ever allowed inspection of its nuclear facilities by the IAEA and no one has dared demand it.

It was, however, good that Rula Jebreal the misstatements by Jennifer Mizrahi, founder of The Israel Project about Iran’s cooperation with inspections. Middle East analyst Leila Hilal and Mr. Hayes joined Ms. Jebeal had to correct her hyperbolic statements that the Iranians are “different” and not “rational actors” and stop her racist generalization of the Iranians. Ms. Hilal rightfully noted that there is conflation of Islamists saying that Hamas and the Iranians, because they’re Muslims, are going to act to attack Israel. In fact, it’s not Hamas or Iran but the Islamic Jihad and the Palestinian Resistance that has been calling for Israel’s destruction and, however lightly, it was mentioned that Iranian President Mahmoud Ahmadinejad has become isolated from the ruling Ayatollahs and increasingly unpopular with Iranians.

It was Jeremy Ben-Ami, founder & president of J Street who made the best observation that the premise of Iran dropping an atomic bomb on Israel, then be wiped out itself, is ridiculous on its face. Yet, here we are with the President of the United States saying that while he wants diplomacy to work but still saying that he has “Israel’s back” and talking about “nuclear capabilty” while Benjamin Netanyahu continues to threaten bombing Iran and right wing US politicians demand it.

The discussion held by Chis Hayes was a step in the right direction to dispel myths and blatant lies and put the facts and reality on the table. The conversation still has a long way to go.

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: What Greece Means

So Greece has officially defaulted on its debt to private lenders. It was an “orderly” default, negotiated rather than simply announced, which I guess is a good thing. Still, the story is far from over. Even with this debt relief, Greece – like other European nations forced to impose austerity in a depressed economy – seems doomed to many more years of suffering.

And that’s a tale that needs telling. For the past two years, the Greek story has, as one recent paper on economic policy put it, been “interpreted as a parable of the risks of fiscal profligacy.” Not a day goes by without some politician or pundit intoning, with the air of a man conveying great wisdom, that we must slash government spending right away or find ourselves turning into Greece, Greece I tell you.

Robert Reich: The Precarious Jobs Recovery

February’s  227,000 net new jobs – the third month in a row of job gains well in excess of 200,000 – is good news for President Obama and bad news for Mitt Romney.

Jobs are coming back fast enough to blunt Republican attacks against Obama on the economy and to rob Romney of the issue he’d prefer to be talking about in his primary battle against social conservatives in the GOP.

But jobs aren’t coming back fast enough to significantly reduce the nation’s backlog of 10 million jobs. That backlog consists of 5.3 million lost during the recession and another 4.7 million that needed to have been added just to keep up with the growth of the working-age population since the recession began.

Lawrence Davidson: America Gets Stupid, Again, on Iran

It is estimated that up to a million people died as a function of George W. Bush’s decision to invade Iraq, which Bush later said was based on “faulty intelligence,” the ex-president’s way of passing the blame. The reality was that Bush insisted that accurate intelligence he was getting from traditional sources was false and that lies he was being told by other parties were true.

Now, there is Iran. Over and again the intelligence community has told the powers that be that Iran is not engaged in a nuclear weapons program. And over and again the men and women in Congress and the White House have insisted that these traditional sources of information are wrong and that the stories that are coming from other sources (in this case the Israeli government and its special interest agents in Washington) know better.

As in 2003, so it is in 2012. The politicians appear to be out for blood. One wonders how many dead and maimed bodies will satisfy them? Perhaps it will be a million dead Iranians.

Glenn Greenwald: Dennis Kucinich and ‘Wackiness’

Last week, Rep. Dennis Kucinich was defeated in a Democratic primary by Rep. Marcy Kaptur after re-districting pitted the two long-term incumbents against each other. Kucinich’s fate was basically sealed when the new district contained far more of Kaptur’s district than his. His 18-year stint in the House will come to an end when the next Congress is installed at the beginning of 2013.

Establishment Democrats have long viewed Dennis Kucinich with a mixture of scorn, mockery and condescension. True to form, the establishment liberal journal American Prospect gave Kucinich a little kick on the way out, comparing his political views to the 1960s musical “Hair” (the Ohio loser talked about “Harmony and understanding”!), deriding him as “a favorite among lefty college kids and Birkenstock-wearers around the country,” and pronouncing him “among the wackiest members of Congress.” Yes, I said The American Prospect, not The Weekly Standard.

The Prospect article also praises as “great” a snide, derisive Washington Post piece which purports to “highlight some of the particularly bizarre facts about” Kucinich. Among those is the fact that “he introduced impeachment articles against former President George W. Bush and former Vice President Cheney for their roles in the Iraq war” and “proposed a Cabinet-level agency devoted to peace.” What a weirdo and a loser. Even more predictably, a team of four interns at The New Republic – the magazine that spent years crusading for the attack on Iraq, smearing Israel critics as anti-Semites, and defining its editorial mission as re-making the Democratic Party in the image of Joe Lieberman – denounced the anti-war Kucinich as “ludicrous,” citing most of the same accusations as the Prospect and the Post. […]

Masahiro Matsumura: After the Earthquake: Changing Japan

One year on, Japanese people are having to adapt to survive and thrive in a country prone to devastating natural disasters

On the first anniversary of the huge earthquake that hit Japan’s northeastern Pacific coast, its people are still coming to terms with their grief and trying to work out what the disaster meant for the nation.

Although 3/11, as it’s become known, was a bolt from the blue, the country – located in one of the world’s largest and most active volcanic zones – had long expected a great earthquake and tsunami to occur sooner or later. It was well prepared for the type of disaster that would happen once every 100 years, but not for a far greater one-in-a-1000-years one. No wonder the catastrophe overwhelmed Japan’s well-laid plans for protecting people, buildings and infrastructure.

Fail-safe measures to cope with a super-disaster are practically beyond the nation’s wealth: the worst-case scenario is sequential or even simultaneous occurrence in the greater Tokyo metropolitan area, the central Pacific coast and the southwestern Pacific coast.

Alongside national and local government efforts to improve disaster preparations, individuals now have to consider the topographic, geological and social features of their homes and workplaces, and have less choice over where to live than in the past.

Dr. Megan Evans : A Doctor Speaks: “Horrific” Arizona Law Would Allow Doctors to Practice Bad Medicine Without Accountability

Imagine carrying a baby to term.  You’ve waited nine long months for this moment.  You’ve planned for her arrival, you’ve had the baby shower, and you’ve gone to all your prenatal appointments. All along you are told that you are progressing normally and your baby is healthy. Your delivery day comes and, at delivery, your doctor tells you your baby has a devastating abnormality.  A cardiac defect or a severe structural abnormality or chromosomal abnormality… something that was likely already detected early in your pregnancy.

You then discover your doctor withheld this information from you for fear you would seek an abortion.  What a nightmare.

Unfortunately, the Arizona legislation is working to make this nightmare a reality. On Tuesday, the Senate passed a bill that would prohibit any medical malpractice lawsuits against physicians who chose to withhold valuable information regarding their patient’s pregnancy that could lead her and her family to seek termination.  Much to my chagrin, this type of legislation is already law in Minnesota, Missouri, North Carolina, Utah, Idaho, Pennsylvania, North Dakota, South Dakota, and is being discussed in Kansas.

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