May 2014 archive

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”.

Follow us on Twitter @StarsHollowGzt

Trevor Timm: The NSA bill got to the House at warp speed. Senators are our only hope

The USA Freedom Act ended up surveillance a non-issue. Congress might have to hold it hostage, just to start over again

In just over two weeks, the bill known as the USA Freedom Act – formerly the best chance to pass meaningful NSA reform in Congress – has gone from strong, to weak, to horrible. So naturally, after months of stalling the once-promising bill, the House of Representatives was rushing to pass a gutted version on Thursday.

When it inevitably passes Thursday afternoon by a wide margin, the NSA’s biggest supporters will surely line up to call this legislation “reform”, so they can go back to their angry constituents and pretend they did something about mass surveillance, while really just leaving the door open for it to continue. But the bill is still a long way from the president’s desk. If the Senate refuses to pass a strengthened version of the USA Freedom Act this summer, reformers should consider what 24 hours ago was unthinkable: abandon the bill and force Section 215 of the Patriot Act to expire once and for all in 2015. Because it’s one thing to pass a weak bill, but it’s entirely another to pass off smoke and mirrors as progress.

Heidi Moore: Credit Suisse’s plea is kabuki theatre. Big US banks are still getting off easy

It’s not difficult to look tough on a Swiss bank. Call me when Eric Holder starts yelling about JP Morgan’s corruption – or says Bank of America isn’t too big to jail

Getting a bank on tax evasion is like getting Al Capone on tax evasion. It’s a punchline that suggests with absolute certainty that bigger crimes are going to go unpunished.

Consider Credit Suisse, a giant international bank that on Tuesday pleaded guilty to one charge of conspiracy for helping wealthy Americans avoid taxes. It will pay a $2.6bn fine, which is triple the amount of money it had set aside.

To be fair, the public image of the secretive system of Swiss banking, which has been the basis for plot lines in everything from James Bond to the Bourne films, is not too far from the truth: those banks are open only to the absurdly wealthy, and their promise of discretion is essentially their business model. The US government thinks the Swiss banks are helping rich people avoid taxes by fooling the IRS and filling out fake bank statements, and they’re not entirely wrong: one colorful example involves a Credit Suisse banker who passed such fictionalized documents to a client in the middle of an issue of Sports Illustrated.

New York Times Editorial Board: The Senate Foolishly Rushes In

The Senate is unnecessarily rushing to vote on President Obama’s nomination of David Barron for a seat on the United States Court of Appeals for the First Circuit in Boston, even though the public has yet to see documents written by Mr. Barron that have raised legitimate concern among civil liberties advocates on both the left and the right.

Mr. Barron, a Harvard law professor, was a top official in the Justice Department’s Office of Legal Counsel when he wrote two classified memos justifying the drone strike in Yemen in 2011 that killed Anwar al-Awlaki, an American citizen accused of being a terrorist. [..]

In other respects, Mr. Barron appears clearly qualified for the job. Some senators will vote for him in spite of (or because of) what is in the memos; some, like Mr. Paul, will vote against him. But what’s the rush in pushing through this vote? A federal judgeship is a lifetime appointment. The American people should be able to decide for themselves whether their elected representatives are making the right decision.

Jane Hamsher: The Price of Whistleblowing: Manning, Greenwald, Assange, Kiriakou and Snowden

We were eating dinner last night around my kitchen table when the news of the dustup between Wikileaks and the Intercept came through the tubes. As I read the details to the people who came here to share food and conversation, everyone’s eyebrows raised.

The eyebrows at a lot of tables probably raised as Wikileaks took the Intercept to task for its latest story, and failing to release the name of one of the countries in which the United States is spying on its citizens. The Intercept maintained they had been shown compelling evidence that led them to redact the name; Wikileaks maintained the citizens of the country have a right to know. [..]

I know that in the past, Assange has had concerns about releasing documents himself without redacting the names of innocent people who could get hurt, and has contacted the Pentagon offering to work with them to redact documents before their release. And I also understand his concerns that the Pentagon is not always acting in good faith when they say people are in danger. They have cried wolf so many times that nobody believes them any more.

But I also don’t think you can assume bad faith on the part of the people at the Intercept. We may learn two days from now, or in 10 years, that there were fierce internal battles over the Snowden documents. Or we may learn that everyone was in general agreement to redact the name of the country.  I have no idea and have had no discussions with anyone at the Intercept about the story, including Glenn Greenwald.

Robert Reich: The Practical Choice: Not American Capitalism or “Welfare State Socialism” but an Economy That’s Working for a Few or Many

For years Americans have assumed that our hard-charging capitalism  is better than the soft-hearted version found in Canada and Europe. American capitalism might be a bit crueler but it generates faster growth and higher living standards overall. Canada’s and Europe’s “welfare-state socialism” is doomed.  

It was a questionable assumption to begin with, relying to some extent on our collective amnesia about the first three decades after World War II, when tax rates on top incomes in the U.S. never fell below 70 percent, a larger portion of our economy was invested in education than before or since, over a third of our private-sector workers were unionized, we came up with Medicare for the elderly and Medicaid for the poor, and built the biggest infrastructure project in history, known as the interstate highway system.

But then came America’s big U-turn, when we deregulated, de-unionized, lowered taxes on the top, ended welfare, and stopped investing as much of the economy in education and infrastructure.

Meanwhile, Canada and Europe continued on as before. Soviet communism went bust, and many of us assumed European and Canadian “socialism” would as well.

That’s why recent data from the Luxembourg Income Study Database  is so shocking.

The Breakfast Club 5/22/2014

Welcome to The Breakfast Club! We’re a disorganized group of rebel lefties who hang out and chat if and when we’re not too hungover  we’ve been bailed out we’re not too exhausted from last night’s (CENSORED) the caffeine kicks in. Join us every weekday morning at 9am (ET) and weekend morning at 10:30am (ET) to talk about current news and our boring lives and to make fun of LaEscapee! If we are ever running late, it’s PhilJD’s fault.

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This Day in History

Breakfast Tunes

On This Day In History May 22

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.

May 22 is the 142nd day of the year (143rd in leap years) in the Gregorian calendar. There are 223 days remaining until the end of the year.

On this day in 1843, the Great Emigration departs for Oregon

A massive wagon train, made up of 1,000 settlers and 1,000 head of cattle, sets off down the Oregon Trail from Independence, Missouri. Known as the “Great Emigration,” the expedition came two years after the first modest party of settlers made the long, overland journey to Oregon.

Great Migration of 1843

In what was dubbed “The Great Migration of 1843” or the “Wagon Train of 1843”, an estimated 700 to 1,000 emigrants left for Oregon. They were led initially by John Gantt, a former U.S. Army Captain and fur trader who was contracted to guide the train to Fort Hall for $1 per person. The winter before, Marcus Whitman had made a brutal mid-winter trip from Oregon to St. Louis to appeal a decision by his Mission backers to abandon several of the Oregon missions. He joined the wagon train at the Platte River for the return trip. When the pioneers were told at Fort Hall by agents from the Hudson’s Bay Company that they should abandon their wagons there and use pack animals the rest of the way, Whitman disagreed and volunteered to lead the wagons to Oregon. He believed the wagon trains were large enough that they could build whatever road improvements they needed to make the trip with their wagons. The biggest obstacle they faced was in the Blue Mountains of Oregon where they had to cut and clear a trail through heavy timber. The wagons were stopped at The Dalles, Oregon by the lack of a road around Mount Hood. The wagons had to be disassembled and floated down the treacherous Columbia River and the animals herded over the rough Lolo trail to get by Mt. Hood. Nearly all of the settlers in the 1843 wagon trains arrived in the Willamette Valley by early October. A passable wagon trail now existed from the Missouri River to The Dalles. In 1846, the Barlow Road was completed around Mount Hood, providing a rough but completely passable wagon trail from the Missouri river to the Willamette Valley-about 2,000 miles.

One for the Bulls

Spain’s San Isidro bullfighting festival suspended after three matadors injured

AFP

Wednesday 21 May 2014 13.50 EDT

For the first time in 35 years, the San Isidro festival, which opens the bullfighting season in Spain, had to be suspended because all the matadors had been injured.



The first bull on the programme, a black, 532kg animal named Deslio, knocked Mora over during a pass as his yellow and pink cape swirled in the wind.

Mora fell to the sand beneath his cloak, but the bull immediately turned on him, head down, ramming its horn deep into his leg and tossing him over repeatedly.



The second matador, Antonio Nazare, appeared before the shocked audience to finish off the animal with his sword.

Nazare then faced his own opponent, however, a 537kg brown bull named Feten. The animal dragged the matador along the sand, injuring his knee and forcing him to seek treatment at the bullring’s hospital, the medical report showed.

The third matador, Saúl Jiménez Fortes, entered the ring to fight the same bull. The animal skewered him in the right leg and the pelvis, leaving three 10cm-deep injuries, the bullring doctor said. Fortes managed to kill the beast before he, too, sought medical treatment.

TDS/TCR (Unreliable Narrator)

TDS TCR

Chipotle

Marian

The rest, including Jon’s 4 part extended interview with Aneesh Chopra, below the fold.

The SEC and Private Equity

Naked capitalism‘s Yves Smith appeared in RT news Boom/Bust to discuss the risky business and abuses of private equity in the real estate rental market. Her segment starts at 3:45.

In her article, Yves also noted this piece from an article on private equity from Friday’s Bloomberg News:

PE Slump

Private-equity transactions overall have fallen 22 percent to $53 billion through April, data compiled by Bloomberg show, led by the drop in buyouts of public companies. The value of those leveraged buyouts declined to $3.2 billion compared with an average of $34 billion in the 10 years through 2013.

The peak for buyouts came before the financial crisis, when U.S. funds struck $659 billion of deals from 2005 through 2007, including the purchases of HCA Inc., Hilton Worldwide Inc. and Biomet Inc., the data show. Buying inexpensive public companies was generally easier for the funds than carve-outs are, said Raymond Lin, a mergers and acquisitions attorney at Latham & Watkins LLP.

“The easy days for private-equity buyers are over when they profited from buying undervalued companies,” he said. “Carve-out deals require a lot of up-front work that would incur additional costs and could affect returns.”

The Standard & Poor’s 500 Index, which reached a record this week, trades at 17.4 times reported profit, the highest level since 2010, according to data compiled by Bloomberg.

PE’s Limits

While high valuations haven’t scared off dealmaking between companies, buyout firms are motivated by different factors, said Gordon Caplan, chairman of the private-equity practice group at law firm Willkie Farr & Gallagher LLP.

“If business growth slows, companies have to buy things,” he said. “Private-equity buyers can’t create synergies like company mergers can in most cases.”

Corporations are more willing to spin off divisions as management continues to clean up underperforming businesses and pay down debt following the financial crisis, said Tom Franco, a partner at Clayton Dubilier.

SEC Official Describes Widespread Lawbreaking and Material Weakness in Controls in Private Equity Industry

Posted on May 8, 2014 by Yves Smith

At a private equity conference this week, Drew Bowden, a senior SEC official, told private equity fund managers and their investors in considerable detail about how the agency had found widespread stealing and other serious infractions in its audits of private equity firms.

In the years that I’ve been reading speeches from regulators, I’ve never seen anything remotely like Bowden’s talk. I’ve embedded it at the end of this post and strongly encourage you to read it in full.

Despite the at times disconcertingly polite tone, the SEC has now announced that more than 50 percent of private equity firms it has audited have engaged in serious infractions of securities laws. These abuses were detected thanks to to Dodd Frank. Private equity general partners had been unregulated until early 2012, when they were required to SEC regulation as investment advisers. [..]

Bowden pointed out that private equity is unique among the investment advisers the SEC supervises. The general partners’ control of portfolio companies gives them access to their cash flows, which the GPs can divert into their own pockets in numerous ways. Naked Capitalism readers may recognize that this arrangement is similar to the position mortgage servicers are in: they control the relationship with the funds source, and they are also responsible for records-keeping and remitting money to investors. And as we’ve chronicled at considerable length, servicers have shown remarkable creativity in lining their wallets and investors have been unable to discipline them. [..]

Needless to say, this overly cozy arrangement has proven to be a ripe breeding ground for illegal conduct.

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.

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

Marcy Wheeler: The NSA reform bill now shuts down a secret database. Will that fix anything?

A detailed look into the future of America’s phone dragnet reveals a world without the nuclear bomb of the Snowden revelations. Unless, of course, the telecoms set it off

A last-minute change to the National Security Agency reform bill making its way through Congress, as reported by the Guardian on Tuesday afternoon, may minimize one of the greatest dangers of the program. Or it may make things far worse!

At issue is the number of completely innocent Americans who will be subjected to the NSA’s scrutiny under the new, reformed phone dragnet, in which the telecoms retain the data but conduct queries for the NSA. Language added to the USA Freedom Act, which is scheduled for a House floor vote on Thursday, may limit how much of the data on those innocent Americans the NSA can actually keep – and for how long.

To understand the risk going forward, of course, it helps to understand how your phone calls get sucked up right now. But going forward, somebody’s going to have to make it very clear whether it will be the telecoms or the NSA removing numbers from the database. Otherwise you’re still going to be spied on for liking the same kind of pizza as a terrorist.

Katrina vanden Heuvel: Reining in the Surveillance State

Last week, Tea Party-backed Senator Rand Paul (R-KY) set the progressive world abuzz.

No, not with his usual retrograde positions on abortion, gay marriage or the Civil Rights Act of 1964 (he was against it before he was for it)-but rather with an op-ed in The New York Times, demanding that the Obama administration release its legal argument justifying the use of a drone to kill al-Awlaki, a US citizen, without trial. Paul vowed to filibuster the nomination to the US Court of Appeals for the 1st Circuit of former Justice Department official David Barron, who helped write memos supporting said argument.

Paul’s strong libertarian principles have always differentiated him from many of his Republican colleagues. It is, therefore, not all that shocking for him to speak out against a president he dislikes on a policy he disdains. Yet his outspokenness has many liberals and leftists asking a legitimate question: Why aren’t there more Democratic voices opposing the surveillance state? Protecting civil liberties should be a critical piece of the progressive platform, but too many establishment Democrats and progressives have been silent on this issue simply because one of their own is in the White House.

Ana Marie Cox: Don’t be fooled: McConnell’s victory in Kentucky is also a Tea Party win

The top Senate Republican beat his conservative primary opponent, but it came at a price for the GOP

Senate minority leader Mitch McConnell’s primary victory on Tuesday night in Kentucky will undoubtedly tempt many a pundit to write the Tea Party’s eulogy. But the Tea Party will achieve in electoral death what it could never achieve in life: lasting control of the GOP agenda.

McConnell won because he’s got a familiar name, a lot of money and the kind of political clout that makes up for occasional lapses from orthodoxy. That might not be enough next time – as a local Kentucky Republican leader told the National Journal last week, the state party is “still McConnell’s Republican Party, but it’s edging toward being Rand Paul]’s Republican Party”. But, it was enough to keep it from being challenger Matt Bevin’s Republican party – especially after his [unforced errors and willingness to prize ideological purity over more pragmatic concerns (like the $2bn in pork McConnell brought home for agreeing to end the government shutdown).

McConnell didn’t win because he became a Tea Party member – he’s so conservative, he didn’t have to. (A vote analysis casts him as one of the top 25 conservative members of the Senate, and Tea Party darling and intrastate rival Paul is at number 19.) Instead, McConnell’s win just shows how easily the GOP grows over its fringes.

Zoë Carpenter: Will GOP Leaders Block Another Immigration Measure?

For months now Republican leaders have said they’re committed to passing immigration reform while making excuses for inaction. This week, the House has a chance to tackle one small part of a reform agenda, in the form of a bill to allow undocumented immigrants to serve in the military and in some cases receive green cards. WIth the window of opportunity for reform closing, the GOP leadership is poised once again to back away from it, in deference to the far right.

The Enlist Act, put forward by California Republican Jeff Denham and co-sponsored by twenty-four Republicans and twenty-six Democrats, should be among the most palatable to Republicans of the individual reforms: It rewards military service and would apply only to those who were brought to the US as children. But hard right groups like Heritage Action have fought the proposal because it would open up a pathway to legal status. Last week a spokesperson for House Majority Leader Eric Cantor said he would not allow debate on the measure, dealing what seemed like a terminal blow.

Bryce Covert: In the Real World, the So-Called ‘Boy Crisis’ Disappears

The realization came to me later than it should have: getting a job is not the same as applying to college. After I graduated, I assumed for a long time that the work world operated the same way as the school world. If I wanted a job, I would comb through hundreds upon hundreds of job postings. If there were jobs that sounded interesting and I seemed to have the right qualifications, I would send in a cover letter and resume, then wait for a call to come in for an interview. About 98 percent of the time, a call never came.

Little did I know that by the time a company posts a job listing, in particular a journalism job, it’s often already all but filled and the posting is an HR formality. The people getting the jobs weren’t following the instructions as laid out on the “Work for Us” section of companies’ websites. They were having informal meetings with friends of friends.

School was all about following the directions and reaping the rewards. Getting ahead outside of school, I eventually figured out, meant figuring out rules that weren’t written down.

Michelle Chen: Turkey’s Deadly Mining Disaster Reveals Just How Little Was Done to Prevent It

After days of pulling bodies from the ruptured earth, the death toll of the Turkish mine disaster in Soma has plateaued at 301. With their masked faces frozen in agony, their crumpled photographs clutched in the fists of loved ones, the workers and their struggles have become far more visible in death than they were in life.

The names have been accounted for, but not the catastrophe that befell them. What was originally suspected to be an electrical fire was later described by experts as a massive industrial explosion precipitated by long-term negligence, not a mere technical malfunction.

Whatever the exact cause, the government seems committed to avoiding blame. Defying workers’ accounts of horrific safety conditions, Prime Minister Recep Tayyip Erdogan stoked outrage by coldly citing mining accidents of nineteenth-century England and suggesting that such tragedies were “usual.” The mine operator, Soma Holding, claimed the company was not obligated to provide workers with an emergency shelter, insinuating that workers were personally responsible for failing to escape on their own. (According to Today’s Zaman, Turkey is one of just a few countries without such a shelter requirement.)

The Breakfast Club: 5-21-2014

Welcome to The Breakfast Club! We’re a disorganized group of rebel lefties who hang out and chat if and when we’re not too hungover we’ve been bailed out we’re not too exhausted from last night’s (CENSORED) the caffeine kicks in. Everyone’s welcome here, no special handshake required. Just check your meta at the door.

Join us every weekday morning at 9am (ET) and weekend morning at 10:30am (ET) to talk about current news and our boring lives and to make fun of LaEscapee! If we are ever running late, it’s PhilJD’s fault.

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This Day in History

Glenn Greenwald “No PlaceTo Hide”

“No place to hide”

Chris Hayes talks with Glenn Greenwald about his new book and new NSA revelations from his book “No Place to Hide.”


Hating on Glenn Greenwald

Chris Hayes gets journalist Glenn Greenwald to open up about his tendency alienate liberals.

On This Day In History May 21

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.

Click on image to enlarge

May 21 is the 141st day of the year (142nd in leap years) in the Gregorian calendar. There are 224 days remaining until the end of the year.

On this day in 1881, the American Red Cross was established in Washington, D.C. by Clara Barton, who became the first president of the organization.

Clara Barton

Clara Barton (1821-1912) had a career as a teacher and federal bureaucrat when the American Civil War broke out. Barton liked teaching when she was younger. All of her older siblings became teachers. Her youngest sibling was 12 years of age, when Barton was born. Her brother David was always like a teacher to her. She taught her first class, at age 17. She also expanded her concept of soldier aid, traveling to Camp Parole, Maryland, to organize a program for locating men listed as missing in action. Through interviews with Federals returning from Southern prisons, she was often able to determine the status of some of the missing and notify families.

After performing humanitarian work during and after the conflict, on advice of her doctors, in 1869, she went to Europe for a restful vacation. There, she saw and became involved in the work of the International Red Cross during the Franco-Prussian War, and determined to bring the organization home with her to America.

When Barton began the organizing work in the U.S. in 1873, no one thought the country would ever again face an experience like the Civil War. However, Barton was not one to lose hope in the face of the bureaucracy, and she finally succeeded during the administration of President Chester A. Arthur on the basis that the new American Red Cross organization could also be available to respond to other types of crisis.

As Barton expanded the original concept of the Red Cross to include assisting in any great national disaster, this service brought the United States the “Good Samaritan of Nations” label in the International Red Cross. Barton became President of the American branch of the society, known officially as the American National Red Cross. Soon after the initial May 1881 meeting in Washington, on August 22, 1881, the first local chapter of the Red Cross was formed in village of Dansville, New York, where Barton kept a part-time residence between 1876 and 1886. Subsequent local chapters were established in Rochester and Syracuse. Ultimately, John D. Rockefeller, along with four others and the federal government, gave money to create a national headquarters in Washington, D.C., located one block from the White House.

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