March 2012 archive

You see, the thing is that the US contribution is already so insignificant that it’s chump change even for Gabon.

Part 1

Part 2

Yup.  We are exceptional.

“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 Morally Corrupt GOP

Republicans Are Causing a Moral Crisis in America

There is moral crisis afoot! So say the Republican candidates for president, their pals in Congress and in state houses. Abortion, gay marriage, contraception – contraception, for Pete’s sake – things that so shock the conscience that it’s a wonder The Washington Post can even print the words!

Here’s something I bet you wouldn’t think I’d say: They’re right. There is a moral crisis in the United States. The only thing is – they’re wrong about what it is and who is causing it.

The real crisis of public morality in the United Statesdoesn’t lie in the private decisions Americans make in their lives or their bedrooms; it lies at the heart of an ideology – and a set of policies – that the right-wing has used to batter and browbeat their fellow Americans.

Michele Chen: Isolated Incidents: A Hijab, a Hoodie, and an Iraqi American’s Death

As reporters clamored for breaking news about the vicious attack on Shaima Alawadi, an Iraqi American mother of five in El Cajon, California, her teenage daughter Fatima turned to the interviewer with a question of her own

   “‘Why did you take my mother away from me? You took my best friend away from me,’ she said, choking with tears, in an interview with CNN affiliate KUSI. ‘Why? Why did you do it? I want to know. Answer me that.‘”

So far, neither the grieving family’s pleas, nor CNN, nor the police have been able to provide any answers. Issuing the standard platitude about the ongoing investigation, the authorities described it as evidently “an isolated incident.” The grim circumstances of Alwadi’s death, however, point to a pattern of hate crime that’s devastatingly familiar to many Muslim and Arab communities.

Can the government force you to eat broccoli or buy a cell phone? Those were some of  the questions asked during the first two of three days of hearings before the US Supreme Court over whether it is constitutional for the government to mandate an individual to buy health care insurance from a private company or face a “penalty” to be collected by the Internal Revenue Serve. Candidate Barack Obama opposed a mandate but changed his mind, including it his “signature” [Affordable Care Act , taking single payer and then the option for a public sponsored insurance off the table. At this point, the majority of the public is opposed to the mandate and about a third want the entire bill scrapped, even though it has a few good provisions such removing pre-existing conditions as a reason to deny coverage and the implementation of lifetime caps on what the insurance company will pay.

Dahlia Lithwick, a senior editor and legal correspondent for Slate, gives her analysis of the first two days:

One thing was clear after the two hour session (pdf) at the Supreme Court on the constitutionality of the Affordable Care Act: The outcome of President Obama’s signature legislative achievement probably rests on the shoulders of two men-Chief Justice John Roberts and Justice Anthony Kennedy. Or, to put it differently, everyone else seems to have staked a clear position. [..]

In the beginning, all eyes were on Kennedy who opened his questioning by asking Solicitor General Donald Verrilli to “assume this law is unprecedented.” (Gulp. That isn’t the way Verrilli wanted this to begin.) Both Kennedy and Roberts pressed Verrilli to enunciate a limiting principle on the congressional power asserted here. Or as Kennedy put it, early in the argument: “Can you identify any limits on the commerce clause?” [..]

Kennedy had serious doubts and Verrilli appeared unable to allay them. The odds on a 5-4 vote to strike down the law looked good. Kennedy asked far fewer questions of the challengers, although near the end of the morning he said, in his inimitably oblique style that young people are “uniquely, proximately very close to affecting the rates of insurance and the cost of providing medical care in a way that is not true in other industries.” That may suggest he believes that the health insurance market really is unique in some ways. [..]

My sense is that we saw only a part of what the justices were really thinking today. We heard Roberts and Kennedy expressing doubts about each side of the argument. But we didn’t get to hear them think aloud about what it actually means to strike down a monumental act of congress. We can assume that is weighing on some of the justices, nonetheless. The other thing we didn’t hear much about today was case law. Justice Stephen Breyer pointed out more than once that the justices weren’t there to debate whether or not they liked the bill. But it may be worth counting up the references to forced gym memberships, cellphone purchases, and broccoli mandates, and tallying them up against references to actual court cases. That’s either because the mandate is so unprecedented that precedent doesn’t matter. Or, because precedent just doesn’t matter.

What we do know is that an individual can survive very well without broccoli or a cell phone but at some point that individual will need health care. In another article by Ms. Lithwick she points out that the conservative argument that this is about freedom has a very dark side:

It’s always a bit strange to hear people with government-funded single-payer health plans describe the need for other Americans to be free from health insurance. But after the aggressive battery of questions from the court’s conservatives this morning, it’s clear that we can only be truly free when the young are released from the obligation to subsidize the old and the ailing. [..]

Freedom also seems to mean freedom from the obligation to treat those who show up at hospitals without health insurance, even if it means letting them bleed out on the curb. When Solicitor General Donald Verrilli tries to explain to Justice Scalia that the health care market is unique because “getting health care service … [is] a result of the social norms to which we’ve obligated ourselves so that people get health care.” Scalia’s response is a curt: “Well, don’t obligate yourself to that.” [..]

Freedom is the freedom not to rescue. Justice Kennedy explains “the reason [the individual mandate] is concerning is because it requires the individual to do an affirmative act. In the law of torts, our tradition, our law has been that you don’t have the duty to rescue someone if that person is in danger. [..]

Freedom is to be free from the telephone. [..]

Freedom is the freedom not to join a gym, not to be forced to eat broccoli. It’s the freedom not to be compelled to buy wheat or milk. And it’s the freedom to purchase your health insurance only at the “point of consumption”-i.e., when you’re being medivaced to the ICU (assuming you have the cash). [..]

Some of the members of the court find this notion of freedom troubling. Justice Ruth Bader Ginsburg notes that: “Congress, in the ’30s, saw a real problem of people needing to have old age and survivor’s insurance. And, yes, they did it through a tax, but they said everybody has got to be in it because if we don’t have the healthy in it, there’s not going to be the money to pay for the ones who become old or disabled or widowed. [..]

Sotomayor, again pondering whether hospitals could simply turn away the uninsured, finally asks: “What percentage of the American people who took their son or daughter to an emergency room and that child was turned away because the parent didn’t have insurance-do you think there’s a large percentage of the American population who would stand for the death of that child if they had an allergic reaction and a simple shot would have saved the child?” {..]

This case isn’t so much about freedom from government-mandated broccoli or gyms. It’s about freedom from our obligations to one another, freedom from the modern world in which we live. It’s about the freedom to ignore the injured, walk away from those in peril, to never pick up the phone or eat food that’s been inspected. It’s about the freedom to be left alone. And now we know the court is worried about freedom: the freedom to live like it’s 1804.

My biggest problem is that forcing people to buy insurance from a private company that does not insure access to care and cost controls or without an inexpensive public option, like buying into Medicare, is just a financial gift to the insurance companies. Without a public option, this bill is a major failure and unlikely to be fixed in the future, as so many Obama supporters claimed, or be replaced if SCOTUS declares the bill unconstitutional.

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 28 is the 87th day of the year (88th in leap years) in the Gregorian calendar. There are 278 days remaining until the end of the year.

On this day in 1979, the nuclear reactor at Three Mile Island overheats causing a partial meltdown. At 4 a.m. on March 28, 1979, the worst accident in the history of the U.S. nuclear power industry begins when a pressure valve in the Unit-2 reactor at Three Mile Island fails to close. Cooling water, contaminated with radiation, drained from the open valve into adjoining buildings, and the core began to dangerously overheat.

The Three Mile Island nuclear power plant was built in 1974 on a sandbar on Pennsylvania’s Susquehanna River, just 10 miles downstream from the state capitol in Harrisburg. In 1978, a second state-of-the-art reactor began operating on Three Mile Island, which was lauded for generating affordable and reliable energy in a time of energy crises.

Three Mile Island Nuclear Generating Station

The power plant was owned and operated by General Public Utilities and Metropolitan Edison (Met Ed). It was the most significant accident in the history of the USA commercial nuclear power generating industry, resulting in the release of up to 481 PBq (13 million curies) of radioactive gases, and less than 740 GBq (20 curies) of the particularly dangerous iodine-131.

The accident began at 4 a.m. on Wednesday, March 28, 1979, with failures in the non-nuclear secondary system, followed by a stuck-open pilot-operated relief valve (PORV) in the primary system, which allowed large amounts of nuclear reactor coolant to escape. The mechanical failures were compounded by the initial failure of plant operators to recognize the situation as a loss-of-coolant accident due to inadequate training and human factors, such as human-computer interaction design oversights relating to ambiguous control room indicators in the power plant’s user interface. In particular, a hidden indicator light led to an operator manually overriding the automatic emergency cooling system of the reactor because the operator mistakenly believed that there was too much coolant water present in the reactor and causing the steam pressure release. The scope and complexity of the accident became clear over the course of five days, as employees of Met Ed, Pennsylvania state officials, and members of the U.S. Nuclear Regulatory Commission (NRC) tried to understand the problem, communicate the situation to the press and local community, decide whether the accident required an emergency evacuation, and ultimately end the crisis. The NRC’s authorization of the release of 40,000 gallons of radioactive waste water directly in the Susquehanna River led to a loss of credibility with the press and community.

In the end, the reactor was brought under control, although full details of the accident were not discovered until much later, following extensive investigations by both a presidential commission and the NRC. The Kemeny Commission Report concluded that “there will either be no case of cancer or the number of cases will be so small that it will never be possible to detect them. The same conclusion applies to the other possible health effects”. Several epidemiological studies in the years since the accident have supported the conclusion that radiation releases from the accident had no perceptible effect on cancer incidence in residents near the plant, though these findings are contested by one team of researchers.

Public reaction to the event was probably influenced by The China Syndrome, a movie which had recently been released and which depicts an accident at a nuclear reactor. Communications from officials during the initial phases of the accident were felt to be confusing. The accident crystallized anti-nuclear safety concerns among activists and the general public, resulted in new regulations for the nuclear industry, and has been cited as a contributor to the decline of new reactor construction that was already underway in the 1970s.

The incident was rated a five on the seven-point International Nuclear Event Scale: Accident With Wider Consequences.

So the big local story is that Geno had a blistering team takedown after the 77-59 victory over Penn State.  They didn’t play hard enough.

That’s how he rolls folks and why UConn is arguably the #1 program in the country.

Do they have enough this year?  The regular season was not outstanding and they’re not exactly laden with stars, but they do have a program and tradition and even if unsuccessful tonight are easily the best Basketball team in Connecticut.

As in they would kick the Men’s team’s ass if they let them.

To me the great threat is Notre Dame who are lean and hungry and not intimidated by Geno and the Huskies so if they go down tonight, hey… that’s how you play Survivor.  Alas I expect they will advance which will cause me anxiety in the Championship.

Did I mention a cappela?  Both games on ESPN.

Yesterday’s Results-

Tonight’s Action-

President Barack Obama: “Drones? Drone attacks? Mr. Holder, do you know anything about this?

United States Attorney General Eric Holder, “I’ve never heard of drones, Mr. President. Leon, what do you hear from the generals?

Former Director of the CIA and current Secretary of Defense Leon Panetta, “No, Eric, I have no information about drones. Perhaps, Director Petraeus would know about these drones”

The three men look around the room for CIA Director David Petraeus. He’s  nowhere to be found.

That fictional conversation never took place but the Obama administration would now like us all to believe that they cannot even confirm or deny the existence of a drone program at all without seriously damaging national security. Huh? They really don’t expect anyone to accept that statement that was made in response to an ACLU lawsuit under the Freedom of Information Act requesting the “the government to disclose the legal basis for its use of predator drones to conduct “targeted killings” overseas. In particular, the ACLU seeks to find out when, where and against whom drone strikes can be authorized, and how the United States ensures compliance with international laws relating to extrajudicial killings.”

Glenn Greenwald in an in depth article at Salon dissected this laughable “defense” of national security about predator drones, targeted assassinations and Obama’s taking “Bush’s secrecy games one step further“:

What makes this so appalling is not merely that the Obama administration demands the right to kill whomever it wants without having to account to anyone for its actions, choices or even claimed legal authorities, though that’s obviously bad enough [..]

What makes it so much worse is how blatantly, insultingly false is its claim that it cannot confirm or deny the CIA drone program without damaging national security.

Numerous Obama officials – including the President himself and the CIA Director – have repeatedly boasted in public about this very program. Obama recently hailed the CIA drone program by claiming that “we are very careful in terms of how it’s been applied,” and added that it is “a targeted, focused effort at people who are on a list of active terrorists, who are trying to go in and harm Americans, hit American facilities, American bases and so on.” Obama has told playful jokes about the same drone program. Former CIA Director and current Defense Secretary Leon Panetta also likes to tell cute little jokes about CIA Predator drones, and then proclaimed in December that the drone program has “been very effective at undermining al Qaeda and their ability to plan those kinds of attacks.” Just two weeks ago, Attorney General Eric Holder gave a speech purporting to legally justify these same drone attacks.

“Cute little jokes”? Is that like President George W. Bush’s “cute” little video looking for weapons of mass destruction in the Oval Office? I don’t think the people who have lost family and friends and had their lives destroyed by America’s misadventures in the Middle East think this is amusing.

And just where is the secret? Everyone in the world is talking about the predator drone program that has killed more innocent people than Al Qaeda operatives and put the US relationship with ally Pakistan on very thin ice. Just this weekend there was a long article in The Washington Post with an unnamed CIA official who was directing drone attacks in Pakistan:

Roger, which is the first name of his cover identity, may be the most consequential but least visible national security official in Washington – the principal architect of the CIA’s drone campaign and the leader of the hunt for Osama bin Laden. In many ways, he has also been the driving force of the Obama administration’s embrace of targeted killing as a centerpiece of its counterterrorism efforts.

Glenn further notes that this fixation of the Obama administration on secrecy, as evidenced by its increased prosecution of whistleblowers, is a means to protect itself from rule of our laws. He quotes from President G.W.Bush DOJ lawyer Jack Goldsmith, who defended executive authority and secrecy powers but recognized that Obama was taking this too:

First, it is wrong . . . for the government to maintain technical covertness but then engage in continuous leaks, attributed to government officials, of many (self-serving) details about the covert operations and their legal justifications.  It is wrong because it is illegal.  It is wrong because it damages (though perhaps not destroys) the diplomatic and related goals of covertness.  And it is wrong because the Executive branch seems to be trying to have its cake (not talking about the program openly in order to serve diplomatic interests and perhaps deflect scrutiny) and eat it too (leaking promiscuously to get credit for the operation and to portray it as lawful).

This can be filed under the “You’ve Got To Be Kidding” defense.

Drones? What drones? Hmm. Ask Iran, maybe they know something about this drone thing.

“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”.

Joe Nocera: Government’s Not Dead Yet

I met up recently with my old mentor, Charlie Peters, the founder, editor and driving force behind The Washington Monthly, where I worked in the late-1970s. Charlie is a supreme idealist who believes deeply in the good that government can do. He saw it growing up with Roosevelt’s New Deal and then again as a member of Sargent Shriver’s Peace Corps, where he served as the agency’s first director of evaluation.

Now 85, Charlie still believes that that government can make a difference in people’s lives. Knowing that many Americans have turned against this idea, he is writing a book “to give evidence that it has happened – and to show it can happen again,” he told me. The New Deal and the Great Society were eras when “money was not the driving force in choosing a career,” he said. “Passion was. People wanted to be able to do something about the country’s most pressing problems – and government was the place to do that.”

As Charlie spoke, it occurred to me that there is one agency in today’s government where you can still see that passion: the Consumer Financial Protection Bureau. Last week, I went to Washington to spend some time with some of the bureau’s new employees.

Dean Baker: The Paul Ryan Rorschach Test

House Budget Committee Chairman Paul Ryan did a great public service when he released his budget last week. By throwing a piece of total garbage on the table and pretending it is a real budget plan, he allowed us to see who in Washington is serious about the budget and who just says things that will push their agenda.

It is easy to see that Ryan himself could not possible be serious about the document he put out as a “Path to Prosperity.” The Congressional Budget Office analysis of the plan, which was prepared under Representative Ryan’s direction, shows that all categories of government spending outside of health care and Social Security will shrink to 3.75 percent of GDP by 2050.

This past week two related stories broke, James Bamford’s article on the NSA’s “Stellar Wind” project in Utah which will dramatically enhance the governments ability to store and process intercepted communications and records and Eric Holder’s announcement that the US will now keep and analyze information gathered about Americans or U.S. residents for 5 years, 10 times the previously allowed period.

These are both somewhat ominous stories.  In describing the Stellar Wind project former senior NSA official and whistleblower, William Binney put it, “We are this far from a turnkey totalitarian state.”  The extension of time announced by Eric Holder for retention and analysis of records increases Americans jeopardy of having their information misused or misinterpreted by agencies that have repeatedly done so and Americans (including Senator Ted Kennedy) have found themselves wrongfully placed on no-fly lists or worse, find their homes bugged and burgled, and their phones wiretapped leading to them being arrested and jailed in error, as happened to Brandon Mayfield.

The details of the Mayfield case illustrate some of the problems with “human factors” in intelligence work:

From the Wikipedia article linked above:

Following the September 11, 2001 attacks, Mayfield was concerned for the safety of his children and wife, and according to his father, he suspected that he was under surveillance by the federal authorities. In the weeks before his arrest, Mayfield’s family was under the impression that their house had been broken into at least twice, although nothing was stolen. According to court documents, the FBI used National Security Letters in order to wiretap his phones, bug his house, and search his house several times.

Fingerprints on a bag containing detonating devices, found by Spanish authorities following the Madrid commuter train bombings, were initially identified by the FBI as belonging to Mayfield (“100% verified”). According to the court documents in judge Ann Aiken’s decision, this information was largely “fabricated and concocted by the FBI and DOJ”. When the FBI finally sent Mayfield’s fingerprints to the Spanish authorities, they contested the matching of the fingerprints from Brandon Mayfield to the ones associated with the Madrid bombing. Further, the Spanish authorities informed the FBI they had other suspects in the case, Moroccan immigrants not linked to anyone in the USA. The FBI completely disregarded all of the information from the Spanish authorities, and proceeded to spy on Mayfield and his family further. …

Before his arrest, Spanish authorities informed the FBI in a letter from April 13, that they reviewed the fingerprint on the bag as a negative match of Mayfield’s fingerprint, though this letter was not communicated to Mayfield’s attorneys. On May 19 the Spanish authorities announced that the fingerprints actually belonged to an Algerian national, Ouhnane Daoud; Brandon Mayfield was released from prison when the international press broke the story the next day – May 20, 2004. A gag order remained in force for the next few days. By May 25, the case was dismissed by the judge, who ordered the return of seized evidence and unsealing of documents pertaining to his arrest.

The FBI conducted an internal review of Mayfield’s arrest and detention, concluding that although he was not arrested solely due to his religious beliefs, they may have contributed to investigator’s failure to take into account the Spanish concerns over fingerprint identification. The FBI issued a press release announcing the report’s conclusion that they had not misused the USA PATRIOT Act in the investigation.

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 27 is the 86th day of the year (87th in leap years) in the Gregorian calendar. There are 279 days remaining until the end of the year.

On this day in 1939, March Madness is born.

The University of Oregon defeats The Ohio State University 46-33 on this day in 1939 to win the first-ever NCAA men’s basketball tournament. The Final Four, as the tournament became known, has grown exponentially in size and popularity since 1939. By 2005, college basketball had become the most popular sporting event among gamblers, after the Super Bowl. The majority of that betting takes place at tournament time, when Las Vegas, the internet and office pools around the country see action from sports enthusiasts and once-a-year gamblers alike.

For the first 12 years of the men’s tournament, only eight teams were invited to participate. That number grew steadily until a 65-team tournament format was unveiled in 2001. After a “play-in” game between the 64th and 65th seeds, the tournament breaks into four regions of 16 teams. The winning teams from those regions comprise the Final Four, who meet in that year’s host city to decide the championship.

March Madness is a popular term for season-ending basketball tournaments played in March, especially those conducted by the National Collegiate Athletic Association (NCAA) and various state high school associations. Fans began connecting the term to the NCAA tournament in the early 1980s. Evidence suggests that CBS sportscaster Brent Musburger, who had worked for many years in Chicago before joining CBS, popularized the term during the annual tournament broadcasts. The phrase had not already become associated with the college tournament when an Illinois official wrote in 1939 that “A little March Madness [may] contribute to sanity.” March Madness is also a registered trademark, held jointly by the NCAA and the Illinois High School Association. It was also the title of a book about the Illinois high school tournament written in 1977 by Jim Enright.

H. V. Porter, an official with the Illinois High School Association (and later a member of the Basketball Hall of Fame) was the first person to use March Madness to describe a basketball tournament. Porter published an essay named March Madness in 1939 and in 1942 used the phrase in a poem, “Basketball Ides of March.” Through the years the use of March Madness picked up steam, especially in Illinois, Indiana, and other parts of the Midwest. During this period the term was used almost exclusively in reference to state high school tournaments. In 1977 the IHSA published a book about its tournament titled March Madness.

Only in the 1990s did either the IHSA or NCAA think about trademarking the term, and by that time a small television production company named Intersport, Inc., had beaten them both to the punch. IHSA eventually bought the trademark rights from Intersport and then went after big game, suing GTE Vantage, Inc., an NCAA licensee that used the name March Madness for a computer game based on the college tournament. In a historic ruling, “Illinois High School Association v. GTE Vantage, Inc.” (1996), the United States Court of Appeals for the Seventh Circuit created the concept of a “dual-use trademark,” granting both the IHSA and NCAA the right to trademark the term for their own purposes.

Following the ruling, the NCAA and IHSA joined forces and created the March Madness Athletic Association to coordinate the licensing of the trademark and investigate possible trademark infringement. One such case involved a company that had obtained the Internet domain name marchmadness.com and was using it to post information about the NCAA tournament. After protracted litigation, the United States Court of Appeals for the Fifth Circuit held in March Madness Athletic Association v. Netfire, Inc. (2003) that March Madness was not a generic term and ordered Netfire to relinquish the domain name. (This domain name is currently being used to redirect into the main NCAA.com web site.)

In recent years, the term “March Madness” has been expanded to include all conference tournaments in college basketball, with the term “The Big Dance” being used more frequently when specifically referring to the NCAA Tournament. March Madness has also has been used generally to describe all basketball tournaments across the country that occur in the month of March – high school and college, male and female.

The coverage and live blogging of all the 2012 Men’s and Women’s NCAA Championship are happening here at The Stars Hollow Gazette.

No Mercy.  Geno doesn’t have any and neither do I.  Tonight’s Regional Finals are on ESPN.

It would be nice if Stanford also went down though Duke is no pushover.  And what did I tell you?  You have to watch out for the Fighting Irish.

Also this year’s seeders did an excellent job.  No upsets either.

Yesterday’s Results-

Tonight’s Action-