February 2014 archive

A federal judge has ruled that the Texas law banning same sex marriage is unconstitutional:

Judge Orlando Garcia issued the preliminary injunction after two gay couples challenged a state constitutional amendment and a longstanding law. He said the couples are likely to win their case and the ban should be lifted, but said he would give the state time to appeal to the 5th Circuit Court of Appeals before do so.

“Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution,” Garcia wrote. “These Texas laws deny plaintiffs access to the institution of marriage and its numerous rights, privileges, and responsibilities for the sole reason that Plaintiffs wish to be married to a person of the same sex.”

The ruling is the latest in a series of victories for gay rights activists following similar decisions in Utah, Oklahoma and Virginia.

But this was the first time a court in the conservative 5th Circuit has reached such a decision. Texas Attorney General Greg Abbott was expected to file an expedited appeal.

That was the good news. The bad news is that the ban will remain in effect until the issue is visited by the U.S. Supreme Court. Or not? I suppose that if SCOTUS refuses to review the case the ban would be lifted. Still, this is good news for marriage equality.

You can tell it’s an election year, all the hypocrisy comes out of the closet:

After spending weeks subjecting the public to unfounded and widely debunked claims that Obamacare contains a hidden “bailout” for private insurers, Republicans have undertaken a complete reversal, and are attacking Democrats for cutting corporate welfare for insurance companies by too much.

Specifically, they’re attacking the Affordable Care Act’s reduction in overpayments to carriers who participate in Medicare Advantage, reflected in lower payment rates for program providers, which were officially announced late last week. [..]

When confronted, they retreat from pretending to oppose the cuts on the merits, to claiming the real problem is that Democrats used the savings from the cuts to fund Obamacare. But this is a non sequitur. A diversion. The attacks specifically express outrage on behalf of seniors who, Republicans claim, will lose doctors or get stuck with higher premiums specifically as a result of the ACA’s Medicare Advantage cuts.

But remember, Republicans actually support the cuts. All of these supposedly horrible things would happen under their plan, too, regardless of how the savings are spent. So right away it’s clear that the attacks are straightforwardly deceitful.

While some the beltway deficit scolds mourn the death of “entitlement reforms,” the The National Republican Campaign Committee has begun attacking Democrats for supporting Simpson-Bowles:

The National Republican Congressional Committee (NRCC) tried a political ju-jitsu on Thursday as it sought to turn former state CFO Alex Sink’s attacks on David Jolly on Social Security against her. Sink, the Democratic candidate, takes on Republican Jolly and Libertarian Lucas Overby in a special congressional election for an open seat in Pinellas County on March 11.

On Thursday, the NRCC bashed Sink for saying she supported Simpson-Bowles.

What digby said:

I have never understood why Democrats who have to run for office are so wedded to the idea that they will be rewarded for being “the adults in the room” and doing the “hard stuff” like cutting Social Security and Medicare benefits but they do. You’d think they’d remember what happened to them in 2010 when the Republicans ran against the Medicare cuts in the health care reforms by portraying them as monsters turning old people into Soylent Green. But they didn’t.

The president may have decided to keep his proposal to cut benefits from his new budget, but it’s quite clear from the talking points that they still very much want to get “credit” for being willing to do it.

Supporting cuts the social safety net, especially in the state of Florida, is not going to fly very well with elderly voters. And, yes, they do vote. So why aren’t Democrats giving the people what they want, an expansion of Social Security and open Medicare to all?  

“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.

Wednesday is Ladies’ Day

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

Follow us on Twitter @StarsHollowGzt

Katrina vanden Heuvel: Stop the Democrats’ surrender to a blue slip

Stop me if you’ve heard this one before: An archaic Senate policy is being used by a shameless Republican minority to obstruct the will of the president – and the people he was elected to represent.

You’d be forgiven for thinking I was referring to the filibuster, which has been the Republicans’ most effective and least democratic method of thwarting the will of the majority.

But no, this is another, more obscure and arguably more ridiculous procedural weapon called a “blue slip.” First instituted in 1917, the blue slip process has allowed individual senators to effectively veto a nominee for a circuit court judgeship who hails from their own state. This privilege has been used sparingly by some Judiciary Committee chairmen and more regularly by others. But in recent months, it has been taken to the extreme. [..]

Like the filibuster, this weapon is rooted in tradition, not the Constitution; it can simply be ignored by the chair of the Judiciary Committee. During George W. Bush’s administration, for instance, then-Judiciary Chairman Orrin Hatch decided that a negative blue slip would not hold up a nominee’s confirmation proceedings.

But because of current Chairman Patrick Leahy’s puzzling adherence to arcane practice, his desire to show courtesy – unreciprocated, of course – to the minority party and President Obama’s unwillingness to put a stop to it, the blue slip process is alive and well. Worse, it’s being used as a weighted bargaining chip, giving two Republican senators more influence over the judicial nomination process than the president himself.

Zoë Carpenter: 20 Years Ago, an Army Veteran Reported a Sexual Assault. She’s Still Waiting for Justice.

When Brenda Hoster publicly accused the sergeant major of the Army of sexually assaulting her, it nearly destroyed her life. She thought it would be worth it.

“I felt like what I did was the right thing, the ethical thing, not just for me but for all military men and women,” Hoster, a retired sergeant major and public affairs specialist, said in one of two phone conversations. Her complaints against the Army’s top enlisted soldier were part of a wave of sex scandals that rocked the military in the 1990s. Today, Congress is still debating how to best reform the military justice system. [..]

But Congress has not yet voted on the most significant and controversial reform proposed-Senator Kirsten Gillibrand’s Military Justice Improvement Act, which would put military lawyers, rather than commanding officers, in charge of sexual assault prosecutions. Victims’ advocates, veterans and some active duty officers argue that forcing victims to report to commanders exposes them to conflicts of interest and retaliation, and disadvantages accused and accuser alike by putting legal decisions in the hands of officers without legal training. Fifty-four senators-including nine Republicans-support Gillibrand’s bill, which the chamber will take up some time in March. The military’s top brass and two key Democrats on the Armed Services Committee, chairman Carl Levin and Claire McCaskill, oppose the measure, saying it would undermine commanders’ ability to enforce order and discipline in the ranks.

The news today on Government spying has been unrelentingly grim.  Here’s last night’s piece from Jason Jones on living in a Surveillance State.

So earlier today we learned about a system of directed government Internet trolling designed to destroy the reputation of and disrupt the activities of any targeted organization or individual without any judicial process or oversight.

Here are some examples of how these techniques and programs were used against Julian Assange and Wikileaks.

The Real News Network

(Note: Michael Ratner is President Emeritus of the Center for Constitutional Rights (CCR) in New York and Chair of the European Center for Constitutional and Human Rights in Berlin. He is currently a legal adviser to Wikileaks and Julian Assange.)

Transcript

One was that Julian Assange was put on a list called “Manhunting”. [incompr.] say it again: “Manhunting”. And normally on that NSA list there’s people who the NSA, and perhaps and presumably the U.S. government as well, suspects are al-Qaeda terrorists or something like that. This list also had, interestingly enough, Palestinians on it. But it also had Julian Assange on it.

Now, the list is made up of people the U.S. wants to locate, prosecute, and/or kill. In the case of Julian Assange and WikiLeaks, what they wanted to do was get WikiLeaks and Julian Assange prosecuted everywhere they could in the world. Again, this is 2010. This is right after WikiLeaks introduces what are called the Afghan war logs that indicated that thousands and thousands of civilians were killed in Afghanistan. Those war logs come out. Then the NSA documents come out that put Julian Assange on the “Manhunting” list.

And what the substance of it is is it says that we have to make an effort to get Julian Assange prosecuted everywhere in the world. And at that point they pointed to four, maybe five countries–the United Kingdom, Germany, Australia, the U.S., Iceland. Those are the countries that are going to go after him in. And, obviously, there are other countries added as they go along. But this just demonstrates how the U.S. in one set of the documents say, we want to get this journalist if we can.

…

The second set has this odd name called ANTICRISIS GIRL. Who knows what that means. This interestingly is not an NSA program. This is a program from GCHQ, which is the British intelligence company that’s the corresponding intelligence agency in the U.K. And this is really a nasty piece of business. What the slides show [snip] GCHQ has a system of tapping into fiber optics [snip] from Snowden got before. But this one, they say, we have the ability any time anyone makes a search on their computer for WikiLeaks to find either the website of WikiLeaks or anything else about WikiLeaks, we can find out what computer is making that search, know the IP address from that–that’s the, you know, unique address on every computer–and ultimately find out whose computer that is. That’s everybody in the world who look for WikiLeaks.

Then what they say: we also have the capacity to go onto the WikiLeaks website, or to look at that website, and everybody who visits the WikiLeaks websites, search or not, according to WikiLeaks.org, you visit the website, we have an ability to track their IP addresses. So here you have not just the U.S. intelligence going after WikiLeaks, the NSA, but you have GCHQ as well, and, in this second case, going after anybody who has even an interest in WikiLeaks, even if it’s an interest against WikiLeaks, everybody who looks at WikiLeaks.

…

And the third program, the third program is what we can call the “malicious foreign actor”. I’ll say that again: “malicious foreign actor”. And there’s a document in here in which the NSA goes to their counsel in the NSA–people in the NSA go to the general counsel and say to the general counsel, we’d like your opinion. We want to classify WikiLeaks as a, quote, malicious foreign actor. It’s a term of art, but it’s interestingly a term of art that none of us who work in this area legally, who look around, you know, try and sue, stop the NSA, have ever heard that term about.

What it apparently means is that the NSA can do the broadest surveillance on that target. In this case, it would be WikiLeaks. They admitted in this document they already had Anonymous targeted like that, and now they were going to go after WikiLeaks like that. We don’t know whether it was approved or not. I suspect, considering what’s been going on with WikiLeaks and considering the documents that came out from WikiLeaks after these programs have been put into place, which include the Afghan war logs, as well as Cablegate, which is what really got the United States, apparently, very angry, that that program has been implemented and that WikiLeaks is more likely than not classified as a “malicious foreign actor”.

So you have those three programs used against, we believe, as an effort to destroy, utterly destroy a publisher and journalism, and destroy not just them but to track, really, and get at all of their supporters and everybody who–anybody who has any interest in WikiLeaks–a very, very nasty piece of business. And what’s important about it is not just to show how the U.S. government, in cahoots with the U.K. government, or together–what I call them is two wings of the same surveillance bird, two wings of the same surveillance bird. That’s these two countries.

Democracy Now

Transcript

Assange: We’ve heard a lot in the propaganda pushed on this issue by Clapper and others in the U.S. national security complex that, of course, this pervasive surveillance is justified by the need to stop U.S.-stop terrorist attacks being conducted on the United States and its allies. But we’ve seen example after example come out over the last few months showing the National Security Agency and its partners, GCHQ, engaged in economic espionage.

And here we have an example where the type of espionage being engaged in is spying on a publisher-WikiLeaks, the publishing organization, and a publisher-me, personally. And the other material that came out in relation to GCHQ was from 2012, and that shows that GCHQ was spying on our service and our readers, so not just the publisher as an organization, not just the publisher as a person, but also the readers of a publisher. And that’s clearly, I believe, not something that the United States population agrees with, let alone other people.

…

Ratner: Well, what I was really shocked by was the extent the U.S. and U.K. have gone through to try and get and destroy WikiLeaks and Julian Assange and their network of supporters. I mean, it’s astounding. And it’s been going on for years. And it also, as Julian pointed out, tells us why he is in the Ecuadorean embassy and why Ecuador has given him asylum. He has every reason to heavily fear what would happen to him in this country, in the United States, if he were to be ever taken here. So I think, for me, that’s a very, very critical point, justifies every reason why Ecuador gave him asylum.

And the document you’re addressing, Amy, what they call the manhunt timeline, which is extraordinary because it groups him among, you know, a whole bunch of people who the U.S. considers terrorists, it also, interestingly, groups them-groups them among Palestinians, which is pretty interesting in itself. But to have Julian on that list as a manhunt timeline, and it says prosecute him wherever you can get him, is pretty extraordinary. It doesn’t say you necessarily need a good reason to prosecute him; it just says, basically, prosecute him. And what it’s reminiscent, to me, is of the program that took place in this country in the ’60s and the ’70s, COINTELPRO, counterintelligence procedures, when the FBI said, “We have to basically destroy the black civil rights movement, the New Left and others, and prosecute them, get them however you can, get rid of them.” And so, the manhunt timeline, even its name is chilling. But that’s what it is. It’s an effort to try and get WikiLeaks and their personnel, wherever they are in the world.

And, of course, we’ve seen some of that. You’ve had people on this show. When people cross borders who are associates with WikiLeaks, they get stopped. They get surveilled all the time. We’ve seen-we’ve seen efforts to take-to basically destroy WikiLeaks by stealing their laptops on a trip that went from Sweden to Germany. We’ve seen efforts across the board, in country after country. Germany, they surveil conferences when WikiLeaks people speak there, everywhere. So, actually, this program is not just an abstraction. This program has been implemented. And the manhunt timeline, I think, is incredibly significant, considering that the manhunt is an effort to locate, find and destroy-in some cases, kill-kill people.

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.

February 26 is the 57th day of the year in the Gregorian calendar. There are 308 days remaining until the end of the year (309 in leap years).

Two national parks preserved, 10 years apart. The two national parks were established in the United States 10 years apart, the Grand Canyon in 1919 and the Grand Tetons in 1929.

The Grand Canyon National Park

U.S. President Theodore Roosevelt visited the Grand Canyon in 1903. An avid outdoorsman and staunch conservationist, he established the Grand Canyon Game Preserve on November 28, 1906. Livestock grazing was reduced, but predators such as mountain lions, eagles, and wolves were eradicated. Roosevelt added adjacent national forest lands and redesignated the preserve a U.S. National Monument on January 11, 1908. Opponents such as land and mining claim holders blocked efforts to reclassify the monument as a U.S. National Park for 11 years. Grand Canyon National Park was finally established as the 17th U.S. National Park by an Act of Congress signed into law by President Woodrow Wilson on February 26, 1919.

Transcript

How Covert Agents Infiltrate the Internet to Manipulate, Deceive, and Destroy Reputations

By Glenn Greenwald, The Intercept

24 Feb 2014, 6:25 PM EST

No matter your views on Anonymous, “hacktivists” or garden-variety criminals, it is not difficult to see how dangerous it is to have secret government agencies being able to target any individuals they want – who have never been charged with, let alone convicted of, any crimes – with these sorts of online, deception-based tactics of reputation destruction and disruption. There is a strong argument to make, as Jay Leiderman demonstrated in the Guardian in the context of the Paypal 14 hacktivist persecution, that the “denial of service” tactics used by hacktivists result in (at most) trivial damage (far less than the cyber-warfare tactics favored by the US and UK) and are far more akin to the type of political protest protected by the First Amendment.

The broader point is that, far beyond hacktivists, these surveillance agencies have vested themselves with the power to deliberately ruin people’s reputations and disrupt their online political activity even though they’ve been charged with no crimes, and even though their actions have no conceivable connection to terrorism or even national security threats. As Anonymous expert Gabriella Coleman of McGill University told me, “targeting Anonymous and hacktivists amounts to targeting citizens for expressing their political beliefs, resulting in the stifling of legitimate dissent.” Pointing to this study she published, Professor Coleman vehemently contested the assertion that “there is anything terrorist/violent in their actions.”

Government plans to monitor and influence internet communications, and covertly infiltrate online communities in order to sow dissension and disseminate false information, have long been the source of speculation. Harvard Law Professor Cass Sunstein, a close Obama adviser and the White House’s former head of the Office of Information and Regulatory Affairs, wrote a controversial paper in 2008 proposing that the US government employ teams of covert agents and pseudo-“independent” advocates to “cognitively infiltrate” online groups and websites, as well as other activist groups.

Sunstein also proposed sending covert agents into “chat rooms, online social networks, or even real-space groups” which spread what he views as false and damaging “conspiracy theories” about the government. Ironically, the very same Sunstein was recently named by Obama to serve as a member of the NSA review panel created by the White House, one that – while disputing key NSA claims – proceeded to propose many cosmetic reforms to the agency’s powers (most of which were ignored by the President who appointed them).

But these GCHQ documents are the first to prove that a major western government is using some of the most controversial techniques to disseminate deception online and harm the reputations of targets. Under the tactics they use, the state is deliberately spreading lies on the internet about whichever individuals it targets, including the use of what GCHQ itself calls “false flag operations” and emails to people’s families and friends. Who would possibly trust a government to exercise these powers at all, let alone do so in secret, with virtually no oversight, and outside of any cognizable legal framework?

“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.

One of our featured articles was an interview with former Republican congressional staffer, Michael Lofgren and his essay on America’s “Deep State” where elected and unelected officials collude to protect and serve powerful, vested interests. For today’s Pundits, here are some of the perspectives to Mr, Lofgren’s article that were featured at “Moyers and Company.”

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

Follow us on Twitter @StarsHollowGzt

Andrew Bacevich on Washington’s Tacit Consensus

What words best describe present-day Washington politics? The commonplace answer, endlessly repeated by politicians themselves and media observers alike, is this: dysfunction, gridlock, partisanship and incivility. Yet here’s a far more accurate term: tacit consensus. Where Republicans and Democrats disagree, however loudly, matters less than where their views align. Differences entertain. Yet like-mindedness, even if unacknowledged, determines both action and inaction.

In the ‘Bill-W.-Obama’ era, a neoliberal consensus defines American politics. In his classic text, The American Political Tradition, the historian Richard Hofstadter identified the parameters of that consensus. It emphasizes, he wrote, “the rights of property, the philosophy of economic individualism, [and] the value of competition.” It assumes “the natural evolution of self-interest and self-assertion … into a beneficent social order.” Grab and get ultimately works for the larger benefit of all. That, at least, is the idea.

Juan Cole on the Vulnerability of the Network

Mike Lofgren’s long experience on the Hill has given him a small window, he might say only an aperture, into a vast network of unaccountable governmental and private institutions he calls the “Deep State” in his essay. There is much that is valuable in his explication of these networks, which depend on public tax money for their operation but typically do not answer to the public in any significant way. Indeed, the public is assiduously kept in the dark about much of what they do.

The danger of this invisible institutional latticework to any but a dryly procedural notion of democracy is obvious. Its menace to individual privacy and liberty is obvious. If absolute power corrupts absolutely, invisible power corrupts invisibly.

Let me, however, push back a little bit against Lofgren’s conceptual apparatus. Egypt also has a Deep State, but the young revolutionaries who overthrew the president for life in 2011 warned against using the very conception, since, they said, it overstated the paper tiger of elite power and could discourage popular action to rein it in.

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.

February 25 is the 56th day of the year in the Gregorian calendar. There are 309 days remaining until the end of the year (310 in leap years).

On this day in Japan, the Plum Blossom Festival is held. The Festival at the Kitano Tenmangu Shrine in Kyoto is one one of the most beautiful. The shrine was built in 947, to appease the angry spirit of bureaucrat, scholar and poet Sugawara no Michizane, who had been exiled as a result of political maneuvers of his enemies in the Fujiwara clan.

The shrine was dedicated to Michizane; and in 986, the scholar-bureaucrat was deified and the title of Tenjin (Heavenly Deity) was conferred.

The grounds are filled with Michizane’s favorite tree, the red and white ume or plum blossom, and when they blossom the shrine is often very crowded. Open-air tea ceremonies are hosted by geiko and apprentice maiko from the nearby Kamishichiken district. The plum festival has been held on the same day every year for about 900 years to mark the death of Michizane.

Sugawara no Michizane, August 1, 845 – March 26, 903, was a scholar, poet, and politician of the Heian Period of Japan. He is regarded as an excellent poet, particularly in Chinese poetry.

He was educated in a private school run by his father where he studies to become an official in the Court of the Japanese Emperor. His training and skill with Classical Chinese language and literature afforded him many opportunities to draft edicts and correspondences for officials in the Court in addition to his menial duties. Records show at this time he composed three petitions for Fujiwara no Yoshifusa as well as the Emperor. Michizane also took part in receiving delegations from the Kingdom of Parhae, where Michizane’s skill with Chinese again proved useful in diplomatic exchanges and poetry exchange. In 877, he was assigned to the Ministry of the Ceremonial, which allowed him to manage educational and intellectual matters more than before. While serving as governor of Sanuki Province, he intervened in a Court matter on the side Emperor Uda over Fujiwara no Mototsune and at the end of his term returned to the Court in Kyoto where he served in many positions.

He was appointed ambassador to China in the 890s, but instead came out in support of abolition of the imperial embassies to China in 894, theoretically in consideration for the decline of the Tang Dynasty. A potential ulterior motive may have lain in Michizane’s almost complete ignorance of spoken Chinese; most Japanese at the time only read Chinese, and knew little to nothing about the spoken language. Michizane, as the nominated ambassador to China, would have been presented with a potential loss of face had he been forced to depend on an interpreter. Emperor Uda stopped the practice of sending ambassadors to China by what he understood as persuasive counsel from  Michizane.

Within the end of Emperor Uda reign in 897, Michizane’s position became increasingly vulnerable. In 901, through the political maneuverings of his rival, Fujiwara no Tokihira, Michizane was demoted from his aristocratic rank of junior second to a minor official post at Dazaifu, in Kyushu‘s Chikuzen Province. After his lonely death, plague and drought spread and sons of Emperor Daigo died in succession. The Imperial Palace’s Great Audience Hall (shishinden) was struck repeatedly by lightning, and the city experienced weeks of rainstorms and floods. Attributing this to the angry spirit of the exiled Sugawara, the imperial court built a Shinto shrine called Kitano Tenman-gu in Kyoto, and dedicated it to him. They posthumously restored his title and office, and struck from the record any mention of his exile. Sugawara was deified as Tenjin-sama, or kami of scholarship. Today many Shinto shrines in Japan are dedicated to him.

They forgot what they said about getting involved to help out the lower and even middle classes. Instead, they make asses out of anyone who believed, thinking they achieved, something through the pretense of taking a stand for a brand.