06/10/2015 archive

Dispatches From Hellpeckersville- Happy~

Things around chez triv have been so stressful lately, but I have been looking forward to school letting out for the summer. I love it when the kids are home. Just having it be sunny enough to get out to the pool with them is the best part of my day. Cleetus breaks out the boom box and puts some music on, and we play and float around our tiny corner of low rent paradise, and for that little while life feels fine.

The camp chair set with attached umbrella that we’ve been using for a couple of years gave up the ghost last year, forcing me to by actual chairs and a real umbrella this year. Before you get too excited, let me tell you the chairs were bought for less than 20 bucks a piece at a big box store, but they’re adirondack style, and they’re a pretty color. And I’m pretty happy with the cheapie umbrella stand table and umbrella too. It’s no huge HGTV makeover, but it’s a big step up here at chez triv.

But that’s not the best part. Last year we used an old smokey joe grill as a tiny fire pit, and we enjoyed it, but I thought it was kinda dodgy and not entirely safe. I didn’t know how much I wanted to do that again, but I pretty much blew the budget on the chairs and umbrella. Well, what do you think I found in my yard this morning?

That’s right, Cleetus went out to the big box and got us a fire pit! It’s the very basic model, and I am clear over the moon. Because guess who’s going to be roasting marshmallows with her kids this Sunday night?

No Pravda in Izvestia

U.S. Shifts Stance on Drug Pricing in Pacific Trade Pact Talks, Document Reveals

By JONATHAN WEISMAN, Izvestia

JUNE 10, 2015

Facing resistance from its Pacific trading partners, the Obama administration is no longer demanding protection for pharmaceutical prices under the 12-nation Trans-Pacific Partnership, according to a newly leaked “transparency” annex of the proposed trade accord.

Oh.  Really?

Public health professionals say pharmaceutical industry lobbying is meant to diminish the power of government health programs that trim reimbursement rates to the global pharmaceutical giants. The newly leaked annex, dated Dec. 17, 2014, explicitly lists Medicare and the Centers for Medicare and Medicaid Services as falling under its strictures.

That may embolden critics.

“The leak is just the latest glaring example of why fast-tracking the T.P.P. would undermine the health of Americans and the other countries and cost our government more, all to the benefit of pharma’s profits,” said Lori Wallach, director of Public Citizen’s Global Trade Watch and one of the most prominent voices in the coalition working to scuttle trade promotion authority.



By explicitly listing the Centers for Medicare and Medicaid Services, the annex makes it clear the United States is not immune to Trans-Pacific Partnership rules. Japan, Australia and New Zealand may not have pharmaceutical companies as powerful as the United States’ but under the accord, United States subsidiaries located in Pacific trade partners could use the accord’s dispute resolution process to tackle perceived violations by Medicare officials.

The annex makes clear that disputes over pharmaceutical listing procedures would not be subject to government-to-government dispute resolution, the World Trade Organization and retaliatory tariffs.

Instead, disputes would be resolved through the Investor-State Dispute Settlement process, which involves three-lawyer extrajudicial tribunals organized under rules set by the United Nations or World Bank.

That could be significant, both for current Medicare practices and future efforts to lower cost, said Peter Maybarduk of Public Citizen’s Global Access to Medicines project. Drug makers have limited access to Centers for Medicare and Medicaid Services policy makers as they decide which drugs to list and how much to reimburse. The Trans-Pacific Partnership could change that.

It could also hinder efforts by many Democrats to change federal law precluding the government from negotiating drug prices directly with pharmaceutical makers. To make that work, the Centers for Medicare and Medicaid Services would need a “national formulary” – a government list of accepted medications. But each decision is subject to review and appeal, which would make it far more difficult, Mr. Maybarduk said.

So, no, not at all.  A complete fabrication.  In short- a lie.

The Valedictorian Speech You Didn’t Hear

Eighteen year old Colorado high school valedictorian Evan Young was barred from giving his speech when his school found out that he planned to announce to his coming out as Gay.

Evan Young, 18, initially planned to come out to his peers as gay during his May 16 graduation speech at Twin Peaks Charter Academy High School in Longmont, Colorado. However, after administrators learned of his intentionsnot only was he barred from delivering his address — and not recognized as valedictorian at the ceremony — but administrators outed Young to his parents.

Young previously stated that he wanted to come out during his graduation address in order to show his peers that they “should not be ashamed of who they are.”

This week, lesbian, gay, bisexual and transgender (LGBT) group Outextended the opportunity for Young to deliver his graduation address to hundreds of people during a fundraising event in the backyard of a private residence. Democracy Now! captured Young’s speech — the same speech originally intended for his peers — on video for an exclusive broadcast.

Evan also appeaqred on Comedy Central’s “Nightly Show with Larry Wilmore” where he gave an abbreviate version of the speech for a national audience.

Congratulations, Evan.

He did give his speech at an event sponsored by a local LGBT group, Out Bolder

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

Katrina vanden Heuvel: A new definition of freedom in America

This weekend, Hillary Clinton will unveil her “vision for the country” at a mass rally at the FDR Four Freedoms Park in New York City. Her campaign indicates that she’ll reveal a fuller picture of her economic policies in what is being billed as her official campaign launch.

But the stunning Louis Kahn memorial to Roosevelt can be more than just a setting for Clinton. It can inspire her to a far broader and bolder mission: to challenge directly, as Roosevelt did, the constrained notion of freedom that has dominated our politics since Ronald Reagan, and to offer a more expansive, empowering view of America’s experiment. [..]

The big unanswered question is whether she is prepared – as FDR was – to take on the economic royalists of this day. Where will she stand on the corporate trade deals like the Trans-Pacific Partnership and its private corporate court system? Will she favor fair taxes on the rich and corporations to rebuild the United Statesand put people to work? Will she make the case for vital public investments – in new energy, in infrastructure, in education and training – that have been starved for too long? Will she call for breaking up banks that are too big to fail? Will she favor expanding social security, now that corporations have virtually abandoned private pensions?

Lauren Carasik: Revelations on FBI spy fleet cloud surveillance reform

All government monitoring programs need transparency and public debate

On June 2 as President Barack Obama signed the USA Freedom Act into law, curtailing domestic surveillance, The Associated Press reported that the Federal Bureau of Investigation has been using a fleet of low-flying aircraft over U.S. cities for video and cellphone surveillance. And on June 4 The New York Times reported that the Obama administration secretly expanded the National Security Agency’s role in warrantless domestic cybersecurity in 2012.

While the new law imposes welcome restraints on warrantless intrusions into privacy, the battle to curb unchecked governmental power is far from over. The law contains its share of loopholes and reinforces much of the post-9/11 security state. And the challenges of engaging in robust public debate surrounding privacy and security are compounded by the administration’s unprecedented secrecy.

Martha Burk: Obama’s Fast Track Attack on Women

The President is asking for “fast track” authority to let the White House be the sole negotiator on the Trans Pacific Partnership, a giant twelve-nation trade agreement between the U.S. and Pacific Rim nations. Fast track passed the Senate in May, and could come up for a House vote as early as this week.

Trouble is, the provisions are secret, and the Obama administration won’t tell Congress or the people what’s in it. But thanks to a few chapters released by Wikileaks online last year, we already know it’s a disaster for U.S. workers-especially women.

According to the Washington Post, around 600 corporations and a couple of labor unions have seen a draft. A few members of Congress have seen parts of it in a “secure soundproof reading room,” where cellphones and note-taking are not allowed. The majority of congressmembers and the public have not, and those members who have been given that extremely limited access are forbidden to discuss it with the public.

Mary Turck: Private prisons, public shame

Prisons should not be profit centers

Last month the state of Washington contracted with the GEO Group, one of the largest for-profit prison companies in the U.S., to move up to 1,000 inmates from the state’s overcrowded prisons to its correctional facility in Michigan, thousands of miles from their homes and families. This makes family visits and connection with the community harder, though studies show that inmates who receive more visits are less likely to re-offend after release.

Prisoners can’t vote in the United States and as a result they don’t have much sway over public policy decisions. But private, for-profit prison companies do, their voices amplified by big campaign contributions and millions spent on lobbying. Ahead of the 2016 presidential election, some of the candidates’ ties to the prison-industrial complex raise a lot of questions. For example, the GEO Group has contributed heavily to campaigns of Florida senator and Republican contender Marco Rubio. And Republican candidate Jeb Bush’s support of for-profit prisons goes back to the 1990s, when he oversaw prison privatization as Florida governor.

Democratic front-runner Hillary Clinton is calling for criminal justice reform, which would reduce profits for private prisons and reduce mass incarceration. The election offers voters a choice between candidates who support the current system that allows corporations to profit from the misery of the inmates and those committed to fundamental reform, which includes changing inflexible sentencing laws and ending the for-profit prison system.

Amy B. Dean: Saving the charter school movement from itself

Charter schools are being used as a front for union bashing and privatization, but it doesn’t have to be that way

Advocates of charter schools argue that they are innovative laboratories of experimentation. But the reality is that over the past decade, the policies that led to the creation of these schools have been used to advance a political agenda: putting public resources into private hands, reducing accountability over how those resources are used and scapegoating teachers for the many problems that plague public education.

In doing so, many charter advocates have threatened to transform public education into a resource-scarce system that relies on philanthropy to function. That’s a shame. If charters were reimagined to respect their original objectives – to allow educators to experiment with new ideas, advance teachers’ voice in education and strengthen the public school system as a whole – they could yet live up to their potential.

Laura Finley> Supreme Court Protects Abusers, Fails Victims – Again

The Supreme Court has a very mixed track record when it comes to protecting women. As a domestic violence advocate, Criminologist, and activist for a decade, I am deeply concerned that the U.S still fails to prioritize women’s safety. Given that globally more women ages 15-45 die from men’s violence than of cancer, malaria, war and traffic accidents combined, far more needs to be done to protect women and girls. The courts can and should play a far bigger role in doing so.

In 2000, the court overturned part of the Violence Against Women Act (VAWA) that allowed women to sue their abusers in federal court. So, we can sue darn near anyone for anything, just not the people who hurt us most deeply. In 2005, the court ruled in Castle Rock v. Gonzales that a town and its police cannot be sued for failing to enforce a restraining order. [..]

Yet the court screwed up again, although this time on a case not specifically about abuse. On June 1, 2015, in Elonis v. United States it ruled 7-2 that a man’s threats to his wife via Facebook were not such a big deal, as there was no indication that he intended to threaten her. In one of the first cases to address free speech via social media, the court rejected the “reasonable person” standard that is typical in cases of verbal threats.

Don’t tell me you’re innocent. Because it insults my intelligence and makes me very angry.

Supporting NAFTA Was the Kiss of Death for Democrats –Why Dems Should Think Twice About Voting for TPP

By Sarah Anderson, AlterNet

June 8, 2015                

(L)et’s take a look at what individual members got by helping to ram the pact through Congress. Did their support for the big business lobby’s dream deal ensure a glittering political career?

Starting at the top: Democratic House Speaker Tom Foley sided with the White House and against most of the House Democrats, including Majority Leader Richard Gephardt. In his 30-year political career, that controversial move stood out enough for the New York Times to mention it in Foley’s obituary. A year after the NAFTA vote, the obit noted, “Mr. Foley became the first speaker since the Civil War to be defeated for re-election in his own district.”



Foley was not the only Democrat to flame out within a year of casting a vote for NAFTA. In fact, of the 34 Democratic incumbents who were defeated in the Republican sweep of 1994, 16 had voted for NAFTA. Several of these losers had been among the fence-sitters who received goodies from the administration.

Public Citizen has meticulously documented many of these trade vote deals over the past two decades and is planning to release a new report this week on the lessons from all this horse-trading. (Look for the report soon here.) What it found over the years is that most of these promises were never fulfilled. In a detailed 2001 report following up on the NAFTA deals, Public Citizen concluded that “systematically, the White House promises of special safeguards for U.S. farm commodities, bridges and more remained unfulfilled. Exceptions were several meaningless promises, such as photographs with the president, and one campaign fund-raising event.”



Rep. Clete Donald Johnson, Jr. was one of the targets of that empty promise. After voting for NAFTA, the Georgia Democrat got demolished in 1994, losing by a margin of more than 30 percent. A few years later, Clinton offered Johnson a consolation prize: a post as chief U.S. trade negotiator for textiles, a sector in rapid decline due to low-wage foreign competition.

Rep. Bill Sarpalius, of Texas, was another NAFTA sellout whose political career was cut short. According to Public Citizen, he pocketed a bevy of promises, including a new federally funded nuclear research lab that was to be located in his district. After Sarpalius lost his seat in 1994, the lab deal fell through.

Rep. David Price also lost his re-election bid after casting his NAFTA vote. According to Multinational Monitor, the North Carolina Democrat came out in support of the deal after the Clinton administration conceded to his long-sought demands to award American Airlines two lucrative international air routes that would benefit his district. Price later regained a seat in Congress and is now once again sitting on the fence in the fast track debate.

Don’t be afraid, Carlo.  Come on, you think I’d make my sister a widow?  I’m Godfather to your son.

The Breakfast Club (An Old Sweet Song)

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.

 photo 807561379_e6771a7c8e_zps7668d00e.jpg

This Day in History

The Six-Day War ends in the Mideast; Yugoslav troops leave Kosovo after NATO’s campaign of airstrikes; Alcoholics Anonymous founded; Actress and singer Judy Garland born; Singer Ray Charles dies.

Breakfast Tunes

Something to Think about over Coffee Prozac

What is a soul? It’s like electricity – we don’t really know what it is, but it’s a force that can light a room.

Ray Charles

On This Day In History June 10

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.

June 10 is the 161st day of the year (162nd in leap years) in the Gregorian calendar. There are 204 days remaining until the end of the year.

On this day in 1990, Luther Campbell and fellow 2LiveCrew members are arrested on obscenity charges

Though the First Amendment to the Constitution clearly states that the U.S. Congress “shall make no law…abridging the freedom of speech,” free speech is widely understood to have its limits. It is dangerous and potentially criminal, for instance, to yell, “Fire!” in a crowded theater. But what about yelling “$&%#@!!” in a crowded nightclub? Lenny Bruce and other comedians tested the limits of that practice in the 1960s, but it was not until the late 1980s that the issue of obscenity came front and center in the world of popular music. The group that brought it there was 2LiveCrew, a hip-hop outfit led by Luther “Luke Skyywalker” Campbell. On June 10, 1990, just days after a controversial ruling by a Florida federal judge, Campbell and two other members of 2LiveCrew were arrested on charges of public obscenity after performing material from their album As Nasty As They Wanna Be in a Hollywood, Florida, nightclub.

As Nasty As They Wanna Be

In 1989, the group released their album, As Nasty As They Wanna Be, which also became the group’s most successful album. A large part of its success was due to the single “Me So Horny”, which was popular despite little radio rotation. The American Family Association (AFA) did not think the presence of a “Parental Advisory” sticker was enough to adequately warn listeners of what was inside the case. Jack Thompson, a lawyer affiliated with the AFA, met with Florida Governor Bob Martinez and convinced him to look into the album to see if it met the legal classification of obscene. In 1990 action was taken at the local level and Nick Navarro, Broward County sheriff, received a ruling from County Circuit Court judge Mel Grossman that probable cause for obscenity violations existed. In response, Luther Campbell maintained that people should focus on issues relating to hunger and poverty rather than on the lyrical content of their music.

Navarro warned record store owners that selling the album may be prosecutable. The 2 Live Crew then filed a suit against Navarro. That June, U.S. district court Judge Jose Gonzalez ruled the album obscene and illegal to sell. Charles Freeman, a local retailer, was arrested two days later, after selling a copy to an undercover police officer. This was followed by the arrest of three members of The 2 Live Crew after they performed some material from the album at a nightclub. They were acquitted soon after, as professor Henry Louis Gates, Jr. testified at their trial in defense of their lyrics. Freeman’s conviction was overturned on appeal as well.

In 1992, the United States Court of Appeals for the Eleventh Circuit overturned the obscenity ruling from Judge Gonzalez, and the Supreme Court of the United States refused to hear Broward County’s appeal. As in the Freeman case, Gates testified on behalf of Navarro, arguing that the material that the county alleged was profane actually had important roots in African-American vernacular, games, and literary traditions and should be protected.

As a result of the controversy, As Nasty As They Wanna Be sold over two million copies. It peaked at #29 on The Billboard 200 and #3 on the Top R&B/Hip-Hop Albums chart. A few other retailers were later arrested for selling it as well, including Canadian Marc Emery who was convicted in Ontario in 1991, and would later gain fame as a marijuana activist. Later hard rock band Van Halen sued over an uncleared sample of their song “Ain’t Talkin’ ‘Bout Love” in The 2 Live Crew Song “The Fuck Shop”. The publicity then continued when George Lucas, owner of the Star Wars universe, successfully sued Campbell for appropriating the name “Skywalker” for his record label, Luke Skyywalker Records. Campbell changed his stage name to Luke (and changed the record label’s name to Luke Records) and the group released an extremely political follow up album, Banned in the USA after obtaining permission to use an interpolation of Bruce Springsteen‘s Born in the U.S.A. The 2 Live Crew paraphernalia with the Luke Skyywalker or Skyywalker logos are often sought-after collector’s items.

The Daily/Nightly Show (Expect? Oh yes, expect.)

You stop being racist and I’ll stop talking about it.

He always wanted a pool

Well, in the end, he got himself a pool.

Tonightly we’ll be talking about Prison Breaks.  Our panel will be Jeff Ross, Mike Yard, and Lola Ogunnaike.

Continuity

[assault swim]

This week’s guests-

Nick Offerman will be on to talk about Me & Earl & the Dying Girl which is apparently just as depressing as the title would suggest.

The first ten million years were the worst.  And the second ten million years, they were the worst too.  The third ten million years I didn’t enjoy at all.  After that I went into a bit of a decline.

The best conversation I had was over forty million years ago and that was with a coffee machine.

Marvin is the clearest thinker I know.

Nicola Sturgeon’s 2 part web exclusive extended interview and the real news below.