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On This Day In History December 3

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.

December 3 is the 337th day of the year (338th in leap years) in the Gregorian calendar. There are 28 days remaining until the end of the year.

On this day in 1947,A Streetcar Named Desire opened on Broadway.

Marlon Brando‘s famous cry of “STELLA!” first booms across a Broadway stage, electrifying the audience at the Ethel Barrymore Theatre during the first-ever performance of Tennessee Williams‘ play A Streetcar Named Desire.

The 23-year-old Brando played the rough, working-class Polish-American Stanley Kowalski, whose violent clash with Blanche DuBois (played on Broadway by Jessica Tandy), a Southern belle with a dark past, is at the center of Williams’ famous drama. Blanche comes to stay with her sister Stella (Kim Hunter), Stanley’s wife, at their home in the French Quarter of New Orleans; she and Stanley immediately despise each other. In the climactic scene, Stanley rapes Blanche, causing her to lose her fragile grip on sanity; the play ends with her being led away in a straitjacket.

Widely considered a landmark play, A Streetcar Named Desire deals with a culture clash between two iconic characters, Blanche DuBois, a fading relic of the Old South, and Stanley Kowalski, a rising member of the industrial, urban working class.

The play presents Blanche DuBois, a fading but still-attractive Southern belle whose pretensions to virtue and culture only thinly mask alcoholism and delusions of grandeur. Her poise is an illusion she presents to shield others (but most of all, herself) from her reality, and an attempt to make herself still attractive to new male suitors. Blanche arrives at the apartment of her sister Stella Kowalski in the French Quarter of New Orleans, on Elysian Fields Avenue; the local transportation she takes to arrive there includes a streetcar route named “Desire.” The steamy, urban ambiance is a shock to Blanche’s nerves. Blanche is welcomed with some trepidation by Stella, who fears the reaction of her husband Stanley. As Blanche explains that their ancestral southern plantation, Belle Reve in Laurel, Mississippi, has been “lost” due to the “epic fornications” of their ancestors, her veneer of self-possession begins to slip drastically. Here “epic fornications” may be interpreted as the debauchery of her ancestors which in turn caused them financial losses. Blanche tells Stella that her supervisor allowed her to take time off from her job as an English teacher because of her upset nerves, when in fact, she has been fired for having an affair with a 17-year-old student. This turns out not to be the only seduction she has engaged in-and, along with other problems, has led her to escape Laurel. A brief marriage marred by the discovery that her spouse, Allan Grey, was having a homosexual affair and his subsequent suicide has led Blanche to withdraw into a world in which fantasies and illusions blend seamlessly with reality.

In contrast to both the self-effacing and deferential Stella and the pretentious refinement of Blanche, Stella’s husband, Stanley Kowalski, is a force of nature: primal, rough-hewn, brutish and sensual. He dominates Stella in every way and is physically and emotionally abusive. Stella tolerates his primal behaviour as this is part of what attracted her in the first place; their love and relationship are heavily based on powerful-even animalistic-sexual chemistry, something that Blanche finds impossible to understand.

The arrival of Blanche upsets her sister and brother-in-law’s system of mutual dependence. Stella’s concern for her sister’s well-being emboldens Blanche to hold court in the Kowalski apartment, infuriating Stanley and leading to conflict in his relationship with his wife. Blanche and Stanley are on a collision course, and Stanley’s friend and Blanche’s would-be suitor Mitch, will get trampled in their path. Stanley discovers Blanche’s past through a co-worker who travels to Laurel frequently, and he confronts her with the things she has been trying to put behind her, partly out of concern that her character flaws may be damaging to the lives of those in her new home, just as they were in Laurel, and partly out of a distaste for pretense in general. However, his attempts to “unmask” her are predictably cruel and violent. In their final confrontation, Stanley rapes Blanche, which results in her nervous breakdown. Stanley has her committed to a mental institution, and in the closing moments, Blanche utters her signature line to the kindly doctor who leads her away: “Whoever you are, I have always depended on the kindness of strangers.”

Punting the Pundits

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

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

Paul Krugman: Killing the Euro

Can the euro be saved? Not long ago we were told that the worst possible outcome was a Greek default. Now a much wider disaster seems all too likely.

True, market pressure lifted a bit on Wednesday after central banks made a splashy announcement about expanded credit lines (which will, in fact, make hardly any real difference). But even optimists now see Europe as headed for recession, while pessimists warn that the euro may become the epicenter of another global financial crisis.

How did things go so wrong? The answer you hear all the time is that the euro crisis was caused by fiscal irresponsibility. Turn on your TV and you’re very likely to find some pundit declaring that if America doesn’t slash spending we’ll end up like Greece. Greeeeeece!

Peter van Buren: Thought crime in Washington

Federal employees are the only ones who know what’s happening inside the government and their voices are being silenced.

Here’s the First Amendment, in full: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Those beautiful words, almost haiku-like, are the sparse poetry of the American democratic experiment. The Founders purposely wrote the First Amendment to read broadly, and not like a snippet of tax code, in order to emphasise that it should encompass everything from shouted religious rantings to eloquent political criticism. Go ahead, re-read it aloud at this moment when the government seems to be carving out an exception to it large enough to drive a tank through. [..]

As the occupiers of Zuccotti Park, like those pepper-sprayed at UC Davis or the Marine veteran shot in Oakland, recently found out, the government’s ability to limit free speech, to stopper the First Amendment, to undercut the right to peaceably assemble and petition for redress of grievances, is perhaps the most critical issue our republic can face.

If you were to write the history of the last decade in Washington, it might well be a story of how, issue by issue, the government freed itself from legal and constitutional bounds when it came to torture, the assassination of US citizens, the holding of prisoners without trial or access to a court of law, the illegal surveillance of American citizens, and so on. In the process, it has entrenched itself in a comfortable shadowland of ever more impenetrable secrecy, while going after any whistleblower who might shine a light in.

Now, it also seems to be chipping away at the most basic American right of all, the right of free speech, starting with that of its own employees. As is often said, the easiest book to stop is the one that is never written; the easiest voice to staunch is the one that is never raised.

Richard (RJ) Eskow: Britain’s Massive Anti-Austerity Strike: Could It Happen Here?

Millions of employees mounted Great Britain’s first General Strike in many years today after the government threatened to impose more cuts in retirement benefits and pay for public workers.

It was a smash success. As many as two million strikers proved that the public’s patience with the unjust fiscal regime known as ‘austerity economics’ has its limits. It highlighted the important role unions can and must play in the fight for a more just and stable economy.

And it raised an important question for the United States: Could it happen here?

Jeffrey L. Fischer: The Bill of Rights Doesn’t Come Cheap

ON Tuesday, the Supreme Court will hear oral arguments in Williams v. Illinois, the latest in a string of cases addressing whether the Sixth Amendment’s confrontation clause – which gives the accused in a criminal case the right “to be confronted with the witnesses against him” – applies to forensic analysts who produce reports for law enforcement. In other words, should an analyst responsible for, say, a fingerprint report have to show up at trial to face questions about the report?

A logical application of the law produces an easy answer: Yes. The court has defined a “witness against” a defendant as a person who provides information to law enforcement to aid a criminal investigation. That is exactly what forensic analysts do.

Subjecting forensic analysts to cross-examination is also good policy. According to a recent National Academy of Sciences study, forensic science is not nearly as reliable as it is perceived to be. DNA specimens, for instance, are sometimes contaminated; fingerprint, ballistics and even run-of-the-mill drug and alcohol analyses depend on human interpretation and thus are subject to error. Worse, investigations over the past decade have revealed outright incompetence and fraud in many crime labs. So it makes sense to subject the authors of lab reports to cross-examination – a procedure the court has called “the greatest legal engine ever invented for the discovery of truth.”

Jesse Eisinger: Wall Street Is Already Occupied

Last week, I had a conversation with a man who runs his own trading firm. In the process of fuming about competition from Goldman Sachs, he said with resignation and exasperation: “The fact that they were bailed out and can borrow for free – It’s pretty sickening.”

Though the sentiment is commonplace these days, I later found myself thinking about his outrage. Here was someone who is in the thick of the business, trading every day, and he is being sickened by the inequities and corruption on Wall Street and utterly persuaded that nothing had changed in the years since the financial crisis of 2008.

Then I realized something odd: I have conversations like this as a matter of routine. I can’t go a week without speaking to a hedge fund manager or analyst or even a banker who registers somewhere on the Wall Street Derangement Scale.

That should be a great relief: Some of them are just like us! Just because you are deranged doesn’t mean you are irrational, after all. Wall Street is already occupied – from within.

Jason Linkins: Senate ‘Secret Santa’ Effort Won’t Actually Solve America’s Problems, According To Political Science

According to this Reuters report, Sens. Al Franken (D-Minn.) and Mike Johanns (R-Neb.) are trying to set up a “Secret Santa” gift exchange with the members of their august body, and while “no one predicts” the effort “will unleash unprecedented bipartisan tidings of comfort and joy,” it’s still seen as a “political test” of whether senators can do anything at all that does not end in everyone setting fire to one another. So far, Franken and Johanns have signed up 58 members, so this is still two votes short of cloture. [..]

At any rate, I wish our senators all the best in their attempt to manufacture Christmas cheer, but what I’d really like to know is how I can get hooked up with the Federal Reserve’s “Secret Santa” exchange, which seems much, much cooler.

On this Day In History December 2

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.

December 2 is the 336th day of the year (337th in leap years) in the Gregorian calendar. There are 29 days remaining until the end of the year.

On this day in 2001, Enron filed for Chapter 11 bankruptcy protection in a New York court, sparking one of the largest corporate scandals in U.S. history.

An energy-trading company based in Houston, Texas, Enron was formed in 1985 as the merger of two gas companies, Houston Natural Gas and Internorth. Under chairman and CEO Kenneth Lay, Enron rose as high as number seven on Fortune magazine’s list of the top 500 U.S. companies. In 2000, the company employed 21,000 people and posted revenue of $111 billion. Over the next year, however, Enron’s stock price began a dramatic slide, dropping from $90.75 in August 2000 to $0.26 by closing on November 30, 2001.

As prices fell, Lay sold large amounts of his Enron stock, while simultaneously encouraging Enron employees to buy more shares and assuring them that the company was on the rebound. Employees saw their retirement savings accounts wiped out as Enron’s stock price continued to plummet. After another energy company, Dynegy, canceled a planned $8.4 billion buy-out in late November, Enron filed for bankruptcy. By the end of the year, Enron’s collapse had cost investors billions of dollars, wiped out some 5,600 jobs and liquidated almost $2.1 billion in pension plans.

Accounting practices

Enron had created offshore entities, units which may be used for planning and avoidance of taxes, raising the profitability of a business. This provided ownership and management with full freedom of currency movement and the anonymity that allowed the company to hide losses. These entities made Enron look more profitable than it actually was, and created a dangerous spiral, in which each quarter, corporate officers would have to perform more and more contorted financial deception to create the illusion of billions in profits while the company was actually losing money. This practice drove up their stock price to new levels, at which point the executives began to work on insider information and trade millions of dollars worth of Enron stock. The executives and insiders at Enron knew about the offshore accounts that were hiding losses for the company; however, the investors knew nothing of this. Chief Financial Officer Andrew Fastow led the team which created the off-books companies, and manipulated the deals to provide himself, his family, and his friends with hundreds of millions of dollars in guaranteed revenue, at the expense of the corporation for which he worked and its stockholders.

In 1999, Enron launched EnronOnline, an Internet-based trading operation, which was used by virtually every energy company in the United States. Enron president and chief operating officer Jeffrey Skilling began advocating a novel idea: the company didn’t really need any “assets.” By pushing the company’s aggressive investment strategy, he helped make Enron the biggest wholesaler of gas and electricity, trading over $27 billion per quarter. The firm’s figures, however, had to be accepted at face value. Under Skilling, Enron adopted mark to market accounting, in which anticipated future profits from any deal were tabulated as if real today. Thus, Enron could record gains from what over time might turn out to be losses, as the company’s fiscal health became secondary to manipulating its stock price on Wall Street during the Tech boom. But when a company’s success is measured by agreeable financial statements emerging from a black box, a term Skilling himself admitted, actual balance sheets prove inconvenient. Indeed, Enron’s unscrupulous actions were often gambles to keep the deception going and so push up the stock price, which was posted daily in the company elevator. An advancing number meant a continued infusion of investor capital on which debt-ridden Enron in large part subsisted. Its fall would collapse the house of cards. Under pressure to maintain the illusion, Skilling verbally attacked Wall Street Analyst Richard Grubman, who questioned Enron’s unusual accounting practice during a recorded conference call. When Grubman complained that Enron was the only company that could not release a balance sheet along with its earnings statements, Skilling replied “Well, thank you very much, we appreciate that . . . asshole.” Though the comment was met with dismay and astonishment by press and public, it became an inside joke among many Enron employees, mocking Grubman for his perceived meddling rather than Skilling’s lack of tact. When asked during his trial, Skilling wholeheartedly admitted that industrial dominance and abuse was a global problem: “Oh yes, yes sure, it is.”

Abridging the Sixth Amendment

Sixth Amendment to the United States Constitution

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Tonight the US Senate has abridged that amendment with the passage of the National Defense Authorization Act that contains a provision that would allow for the indefinite detention of American civilians arrested on American soil suspected of being “enemy combatants” by a vote of 93 -7. It allows for anyone alleged to be an “enemy combatant” anywhere in the world sent to military prisons indefinitely without even being charged with a crime.

The bill sponsored by Sen. Carl Levin (D-MI) and Sen. John McCain (R-AZ) was drafted in secret and passed out of committee without a single hearing.

Glen Greenwald at Salon highlights the most alarming aspects of the bill:

   (1) mandates that all accused Terrorists be indefinitely imprisoned by the military rather than in the civilian court system; it also unquestionably permits (but does not mandate) that even U.S. citizens on U.S. soil accused of Terrorism be held by the military rather than charged in the civilian court system (Sec. 1032);

   (2) renews the 2001 Authorization to Use Military Force (AUMF) with more expansive language: to allow force (and military detention) against not only those who perpetrated the 9/11 attacks and countries which harbored them, but also anyone who “substantially supports” Al Qaeda, the Taliban or “associated forces” (Sec. 1031); and,

   (3) imposes new restrictions on the U.S. Government’s ability to transfer detainees out of Guantanamo (Secs. 1033-35). [..]

The Levin/McCain bill would require that all accused Terrorists be held in military detention and not be charged in a civilian court – including those apprehended on U.S. soil – with two caveats: (1) it exempts U.S. citizens and legal residents from this mandate, for whom military detention would still be optional (i.e., in the discretion of the Executive Branch); and (2) it allows the Executive Branch to issue a waiver if it wants to charge an accused Terrorist in the civilian system.

As per emptywheel, Sen. Diane Feinstein (D-CA) proposed an amendment (pdf) that would have removed the language but it was defeated by a vote of 45 – 55.

Some has forgotten to tell the Senate that Osama bun Laden is dead, we have killed virtually all of Al Qaeda’s leadership and the group is “operationally ineffective” in the Afghan-Pakistan and region and that we are near completion of withdrawal from Iraq and beginning to draw down the troops in Afghanistan. But the absurd view from war hawk, conservatives like Sen. Lindsay Graham (R-SC) who believe Al Qaeda is a threat that requires trashing the Constitution, as Graham said:

“The threats we face as a nation are growing. Homegrown terrorism is going to become a greater reality, and we need to have tools,” Graham argued. “Law enforcement is one tool, but in some cases holding people who have decided to help al Qaeda and turn on the rest of us and try to kill us so we can hold them long enough to interrogate them to find out what they’re up to makes sense.”

“When you hold somebody under the criminal justice system you have to read them their rights right off the bat,” Graham added. “Under the law of war you don’t because the purpose is to gather intelligence. We need that tool now as much as any time, including World War II.”

That is most chilling statement regarding to our civil liberties. This is from the same man who supported President Obama’s due-process-free assassination of Anwar Awlaki that totally disregarded Article 3, Section 3 of the Constitution which provides that nobody can be punished for treason without heightened due process requirements being met.

It isn’t often that freshman Tea Party Sen. Rand Paul (R-KY) says something sensible but he wrote in the Washington Times defending the Sixth Amendment that the “war on terror doesn’t justify retreat on rights”:

James Madison, father of the Constitution, warned, “The means of defense against foreign danger historically have become instruments of tyranny at home.” Abraham Lincoln had similar thoughts, saying, “America will never be destroyed from the outside. If we falter, and lose our freedoms, it will be because we destroyed ourselves.”

During war, there has always been a struggle to preserve constitutional liberties. During the Civil War, the right of habeas corpus was suspended. Newspapers were closed. Fortunately, those actions were reversed after the war.

The discussion now to suspend certain rights to due process is especially worrisome, given that we are engaged in a war that appears to have no end. Rights given up now cannot be expected to be returned. So we do well to contemplate the diminishment of due process, knowing that the rights we lose now may never be restored.

Will President Obama veto this bill as has been hinted? Not likely, since as Greenwald point out Obama has maintained that dozens of detainees would continue to be held indefinitely and that he planned“not to close, but simply to re-locate to Illinois, the Guantanamo system of indefinite, military detention.” While the President has expressed his opposition to the bill, his objection is that the matter of denying accused terrorists a civilian trial is not up to Congress but for the President alone to decide. In other words, the White House’s objections are grounded in broad theories of Executive Power.

While Greenwald may be willing to believe the White House is opposed to having the military detain and imprison U.S. citizens on U.S. soil, there are those who think President Obama is more concerned over who should get to decide which accused terrorist suspects are denied due process, not whether they should be.

They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty. Benjamin Franklin

Chipping away at our liberties. Frightening.

MA Attorney General Sues 5 Major Banks & MERS

Another state attorney general is suing five major banks and Mortgage Electronic Registration System Inc. and its parent company over deceptive foreclosure practices. Massachusetts Attorney General Martha Coakley  filed the suit on Wednesday seeking redress from Bank of America Corp., JPMorgan Chase & Co., Wells Fargo & Co., Citigroup Inc., and Ally Financial.

Ms. Coakley joins a small group of state attorney generals from larger states that have been hit the hardest by the foreclosure/mortgage fraud scandal:

  • Nevada Attorney General Catherine Cortez Masto sued Bank of America for fraudulent practices related to a prior settlement on Countrywide loans and recently filed a 606-count criminal indictment against two LPS employees for robo-signing;
  • Delaware AG Beau Biden sued MERS for deceptive practices;
  • New York’s Eric Schneiderman has a ever expanding investigation into foreclosure and securitization fraud and has issued a number of subpoenas for documents;
  • California’s Kamala Harris just filed subpoenas against Fannie Mae and Freddie Mac over mortgage servicing and securitization.
  • Ms. Coakley, whose reputation was tarnished after her loss to a Republican for the late Ted Kennedy’s senate seat, has been strong on tightening state regulations and force banks to assist financially stressed homeowners save their homes:

    Coakley spoke in support of legislation she filed in January with state Senator Karen Spilka, an Ashland Democrat, and Representative Steven M. Walsh, a Lynn Democrat. The proposed law, which they call An Act to Prevent Unlawful and Unnecessary Foreclosures, focuses on mortgage loans that are considered to be risky, including those with interest-only payment and adjustable rates.

    The bill would require lenders to analyze a borrower’s financial information to determine whether modifying the loan to a more affordable payment would be more beneficial financially to the lender than going through the lengthy and costly process of taking the property through foreclosure. Many lenders already undertake such a study before deciding whether to foreclose, but the bill would permit homeowners to file a lawsuit if the process does not occur, according to Coakley’s staff.

    The proposed law also would force lenders to prove they are the legal owner of mortgages before foreclosing, incorporating the findings of recent foreclosure-related decisions from the state’s Supreme Judicial Court.

    These five state attorney generals are doing the hard work that should be done by the US Attorney General Eric Holder. Instead Mr. Holder is still clinging to Iowa AG Tom Miller’s stalled negotiations with the banks to settle the fraud for a mere $25 billion and exoneration from criminal prosecution. Mr. Holder has made protecting banks and corporations his priority and just recently announced a new initiative to prosecute intellectual property rights thefts by the public. This is not what Americans elected this administration to do.

    Eric Holder Wants Us To Protect MTV

    Apparently, US Attorney General Eric Holder thinks it is far more important to protect corporations from intellectual property (IP) theft than to protect us from predatory and fraudulent banking practices that has led to collapse of the economy. He is more concerned that you or your neighbor are illegally downloading movies or songs from the internet or receiving pharmaceuticals from Canada.

    On November 29, Mr. Holder held a press conference to announce a serious crack down on IP theft:

    As our country continues to recover from once-in-a-generation economic challenges, the need to safeguard intellectual property rights – and to protect Americans from IP crimes – has never been more urgent. But, in many ways, this work has also never been more difficult.

    Recent technological advances – particularly in methods of manufacturing and distribution – have created new opportunities for businesses of all sizes to innovate and grow. But these quantum leaps have also created new vulnerabilities, which tech-savvy criminals are eager to exploit. As a result, we’re seeing an alarming rise in IP crimes – illegal activities that can not only devastate individual lives and legitimate businesses, but undermine our nation’s financial stability and prosperity.

    Make no mistake: IP crimes are anything but victimless. For far too long, the sale of counterfeit, defective, and dangerous goods has been perceived as “business as usual.”   But these and other IP crimes can destroy jobs, suppress innovation, and jeopardize the health and safety of consumers.   In some cases, these activities are used to fund dangerous – and even violent – criminal enterprises and organized crime networks. And they present a significant – and growing – threat to our nation’s economic and national security.

    But we are fighting back – in bold, comprehensive, and collaborative ways.

    One of those “bold, comprehensive, and collaborative ways” is a series of series of television, radio, and Internet public service announcements that will ask the public to spy on their neighbors.

    We shouldn’t be surprised by this since, as reported in the Wired:

    The Justice Department under President Barack Obama has seen a sea change in attitude when it comes to intellectual-property enforcement, which could have been predicted by the number of former Recording Industry Association of America attorneys appointed by the Obama administration. (Hollywood votes and donates Democratic).

    Meanwhile, as Matt Stoller writes, mortgage fraud continues unabated and unprosecuted:

    In 2004, the FBI warned Congress of an “epidemic of mortgage fraud,” of unscrupulous operators taking advantage of a booming real estate market. Less than two years later, an accounting scandal at Fannie Mae tipped us off that something was very wrong at the highest levels of corporate America.

    Of course, we all know what happened next. Crime invaded the center of our banking system. Wall Street CEOs were signing on to SEC documents knowing they contained material misstatements. The New York Fed, riddled with conflicts of interest, shoveled money to large banks and tried to hide it under the veil of central bank independence. Even Tim Geithner noted that Lehman had “air in the marks” in its valuations of asset-backed securities, as the bankruptcy examiner’s report showed that accounting manipulation to disguise the condition of the balance sheet was a routine management tool at the bank. [..]

    And yet, no handcuffs. [..]

    And what happens when this kind of fraud goes unprosecuted? It continues, even today. The same banks that ran the corrupt home mortgage securitization chain are now committing rampant fraud in the foreclosure crisis. Here’s New Orleans Bankruptcy Judge Elizabeth Magner discussing problems at Lender Processing Services, the company that handles 80 percent of foreclosures on behalf of large banks. [..]

    The bad behavior is so rampant that banks think nothing of a contractor programming fraud into the software. This is shocking behavior and has led to untold numbers of foreclosures, as well as the theft of huge sums of money from mortgage-backed securities investors.

    It would be nice if the Obama Justice Department devoted the same man power, resources and efforts into prosecuting the banks and mortgage service lenders who pushed fraudulent loans and have illegally foreclosed on thousands of homes. The attitude of Obama administration continues to be that they must bail out banks and protect corporations while the public gets sold out by the government that is suppose to protect us.

    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”.

    Matthew Rothschild: McCain says American Citizens Can Be Sent to Guantanamo

    U.S. citizens beware: A bill being debated on the Senate floor this week is likely to pass, and if it becomes law, you could be sent to Guantanamo Bay.

    The bill is the National Defense Authorization Act, S. 1867. Section 1031 of the bill gives the President and the Armed Forces enormous power to detain people they believe were involved in the attacks of Sept. 11 or supported Al-Qaeda, the Taliban, or “associated forces that are engaged in hostilities against the United States or its coalition partners.”

    That section empowers the President to detain such persons indefinitely without trial or to try them before a military court or to transfer them “to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity.”

    Sen. Mark Udall introduced an amendment to modify this section, and his amendment was voted down on Tuesday.

    Sen. Rand Paul has introduced an amendment to delete this section entirely, and on Tuesday, he had the following exchange with Sen. John McCain, who is co-sponsoring the bill.

    Not only does McCain, a former POW, support this provision but some some Democrats have strongly argued for its passages, Re: Sen Carl Levin (D-MI). The big question, will Obama veto this bill if these provision is not stricken?

    Richard (RJ) Eskow: The Long Game: Payroll Taxes, Hostage-Taking, and Social Security

    Yesterday Thom Hartmann and I discussed the proposal to extend and expand what Democrats have called the ‘payroll tax holiday.’ (Video is below.) There are no heroes in this debate, but there are certainly villains. There are several different ways this could end – and most of them aren’t good.

    By proposing to expand and extend this ‘holiday,’ Democrats have bypassed more efficient ways to help the economy, and have once again endangered Social Security. And by demanding tax breaks for millionaires while blocking them for the middle class, Republicans have once again demonstrated their willingness to blow up the economy for self-serving purposes.

    Bill Boyarsky: Occupy 2012

    The Occupy L.A. encampment didn’t look like an enterprise with a future. The skateboarders hurtling through the crowd, the soccer ball in the air, the treehouses, the young men and women sleeping in tents and in the open air made the place look more like a low-budget vacation at the beach than a protest movement.

    Occupy L.A. was closed down early Wednesday morning by hundreds of Los Angeles police officers who arrested more than 200 in a comparatively peaceful operation that contrasted sharply with the conduct of cops in New York, UC Davis and other places. But its legacy is likely to be much more lasting than the abandoned tents and makeshift structures left behind at Los Angeles City Hall.

    For in its two months of existence, Occupy L.A. showed a resiliency and purpose that could make some of its participants leaders in a great confrontation over economic injustice in the 2012 election. The same is true of the many Occupy movements, from Wall Street to Harvard Yard to Chicago, to Denver to Philadelphia, to Berkeley, Davis, UCLA and other places.

    In other words, the election could be the next step for the Occupy movement.

    Williams Rivers Pitt: A Gut-Check Moment for Mr. Obama

    When George W. Bush left office, and John McCain went down to defeat, there was a sense among a great many Americans that a tremendously dangerous  nightmare was over, that years of wildly violent, constitutionally questionable, unbelievably expensive and morally appalling over-reaction to 9/11 were behind us, that an America which didn’t use the NSA to spy on virtually anyone, an America that didn’t indefinitely detain people without due process of law, that didn’t torture, that didn’t consign millions to death and maiming by way of wars based on lies and the desire to make money while winning elections…a lot of people thought that America might show its face again.

    But that was Hope and Change and all that stuff. The dreary fact of the matter is that the slash-and-burn attitude taken towards the US Constitution by the Bush administration did such tremendous damage to the most basic underpinnings of this society that it was widely feared there would be no going back. After all, any politician who has gotten to the point where the office of the President is even a possibility is a politician absolutely drenched in hubris, ego, and a desire for personal power. It cannot be any other way; there are no angels flying in that rarefied atmosphere of American politics, and my rule of thumb for many years now has been that a politician most people have heard of is, to one degree or another, an utter and complete bastard, for only utter and complete bastards have the will and ruthlessness to achieve such heights…and when it comes to presidents and serious presidential contenders, multiply that by a factor of ten. I’ve met a great many of them on too many campaign trails, and trust me, almost none of them are people you’d like to be stuck in an elevator with, much less allow them to run the country.

    Jim Hightower: It Takes People Power to Make Clear That Corporations Are NOT People

    In the Nov. 8 elections, the national media gave extensive coverage to a proposed “personhood amendment” to Mississippi’s state constitution. This was an extremist anti-abortion ballot initiative to declare that a person’s life begins not at birth, but at the very instant that a sperm meets the egg. However, extending full personhood to two-cell zygotes was too far out even for many of Mississippi’s zealous antagonists against woman’s right to control her own fertility, so the proposition was voted down.

    Meanwhile, the national media paid practically zero attention to another “personhood” vote that took place on that same day over a thousand miles from Mississippi. This was a referendum in Missoula, Mont., on a concept even more bizarre than declaring zygotes to be persons with full citizenship rights.

    It was a vote on overturning last year’s democracy-killing decision by the U.S. Supreme Court in the now-infamous Citizens United case. A narrow five-man majority had decreed that – abracadabra! – lifeless, soulless corporations are henceforth persons with human political rights. Moreover, said the five, these tongueless artificial entities must be allowed to “speak” by dumping unlimited sums of their corporate cash into our election campaigns, thus giving them a far bigger voice than us real-life persons.

    Gail Collins: The Mitt Romney Pardon

    It’s been superexciting watching one outsized, vibrant and deeply strange Republican candidate after another rise to the front of the presidential pack, then crash and burn. But now we’ve got to refresh the storyline.

    Really, even the TV networks are starting new mini-seasons. And they’ve got zombies.

    This is particularly important for Mitt Romney, who seems to be responding to the flip-flop critique by becoming more and more repressed. If we don’t do something to free him up, they’re going to have to start wheeling him around in a laundry hamper.

    E. J. Dionne, Jr.: Giving Politicians a Good Name

    Two politicians from different countries and with very different political pedigrees made news this week. Both spoke difficult truths and reminded us that we shouldn’t use the word “politician” with routine contempt.

    The better-known story is the retirement of Rep. Barney Frank, a Massachusetts Democrat who was never afraid to make people angry-or to make them laugh. But more on Frank in a moment. Far too little attention has been paid on these shores to a remarkable speech in Berlin on Monday by the Polish foreign minister, Radoslaw Sikorski.

    He offered what may be the sound bite of the year: “I will probably be the first Polish foreign minister in history to say so, but here it is: I fear German power less than I am beginning to fear German inactivity.”

    On this Day In History December 1

    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.

    December 1 is the 335th day of the year (336th in leap years) in the Gregorian calendar. There are 30 days remaining until the end of the year

    .

    On this day in 1990, the Chunnel makes breakthrough. Shortly after 11 a.m. on December 1, 1990, 132 feet below the English Channel, workers drill an opening the size of a car through a wall of rock. This was no ordinary hole–it connected the two ends of an underwater tunnel linking Great Britain with the European mainland for the first time in more than 8,000 years.

    The Channel Tunnel, or “Chunnel,” was not a new idea. It had been suggested to Napoleon Bonaparte, in fact, as early as 1802. It wasn’t until the late 20th century, though, that the necessary technology was developed. In 1986, Britain and France signed a treaty authorizing the construction of a tunnel running between Folkestone, England, and Calais, France.

    The Channel Tunnel (French: Le tunnel sous la Manche), (also informally known as the Chunnel) is a 50.5-kilometre (31.4 mi) undersea rail tunnel linking Folkestone, Kent near Dover in the United Kingdom with Coquelles, Pas-de-Calais near Calais in northern France beneath the English Channel at the Strait of Dover. At its lowest point, it is 75 metres (250 ft) deep. At 37.9 kilometres (23.5 mi), the Channel Tunnel possesses the second longest undersea portion of any tunnel in the world. The Seikan Tunnel in Japan is both longer overall at 53.85 kilometres (33.46 mi), and deeper at 240 metres (790 ft) below sea level.

    The tunnel carries high-speed Eurostar passenger trains, Eurotunnel Shuttle roll-on/roll-off vehicle transport-the largest in the world-and international rail freight trains. The tunnel connects end-to-end with the LGV Nord and High Speed 1 high-speed railway lines. In 1996 the American Society of Civil Engineers identified the tunnel as one of the Seven Wonders of the Modern World.

    Ideas for a cross-Channel fixed link appeared as early as 1802, but British political and press pressure over compromised national security stalled attempts to construct a tunnel. However, the eventual successful project, organised by Eurotunnel, began construction in 1988 and opened in 1994. The project came in 80% over its predicted budget. Since its construction, the tunnel has faced several problems. Fires have disrupted operation of the tunnel. Illegal immigrants and asylum seekers have attempted to use the tunnel to enter Britain, causing a minor diplomatic disagreement over the siting of the Sangatte refugee camp, which was eventually closed in 2002.

    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”.

    Wednesday is Ladies’ Day.

    Amy Goodman: Cry, the Beloved Climate

    The United Nations’ annual climate summit descended on Durban, South Africa, this week, but not in time to prevent the tragic death of Qodeni Ximba. The 17-year-old was one of 10 people killed in Durban on Sunday, the night before the U.N. conference opened. Torrential rains pummeled the seaside city of 3.5 million. Seven hundred homes were destroyed by the floods.

    Ximba was sleeping when the concrete wall next to her collapsed. One woman tried to save a flailing 1-year-old baby whose parents had been crushed by their home. She failed, and the baby died along with both parents. All this, as more than 20,000 politicians, bureaucrats, journalists, scientists and activists made their way to what may be the last chance for the Kyoto Protocol.

    Katrina vanden Heuvel: Progressives don’t hate ourselves

    Writing in New York magazine, Jonathan Chait joins the chorus of Obama advocates decrying “self-loathing liberals” who criticize the president. Chait writes better than most, but he hews to the common theme that criticism of Obama isn’t justified by reality but instead reflects either political naivete or psychological imbalance. The argument gets it wrong, distorting the politics of the left and the realities of the country. [..]

    Arguments like Chait’s are written as if it were 1992 and liberals were disappointed with a New Democratic president about to reap the benefits of the dot-com bubble. This is a very different time. Inequality has reached Gilded Age extremes. The middle class is sinking, and poverty is spreading. Catastrophic climate change is a clear and present danger. President Obama was right.

    We need a transformational presidency, able to smash the failed, entrenched and corrupt politics of the center. That standard isn’t some perfectionism perennially demanded by disappointed liberals. It is required by the times. And what this nation desperately needs isn’t partisan unity, but a fierce and growing movement that will challenge not just the wing nuts of the right, but an establishment in both parties that has failed the country.

    Obama may have been right but his isn’t the “transformational presidency” that was touted by the Democratic Party.

    Jennifer Robinson: ‘Bugsplat’: The Ugly US Drone War in Pakistan

    It’s time for the US to re-examine the consequences of its dehumanizing, deadly attacks in Pakistan.

    This weekend, Pakistan ordered the closure of the US drone base after a US attack killed 26 Pakistani soldiers near the Afghan border. This news will be welcomed by the people of Waziristan, where communities have borne the brunt of the “collateral damage” of the US covert drone war. But for many, this decision comes too little too late. For too long, authorities ignored the deaths of innocent civilians being “bugsplat” by drones. After a recent trip to Pakistan to investigate the human consequences of the US drone attacks, I had no idea how close I was to come to understanding the horror of it.

    In Islamabad I took part in a jirga – the traditional Pashtun forum for public discussion and dispute settlement – where tribal elders and villagers from the Pakistan tribal areas (FATA) came to meet with us to explain their personal experiences of US drone attacks. Sitting just two rows behind me was a 16-year-old boy named Tariq Aziz. Listening to story upon story of the extrajudicial murder of innocent civilians and children, the heartache for loved ones lost and the constant terror instilled by the now familiar roar of drones overhead, I could not have imagined that Tariq and his family would soon suffer the same fate.

    Maureen Dowd: My Man Newt

    In many ways, Newt is the perfect man.

    He knows how to buy good jewelry. He puts his wife ahead of his campaign. He’s so in touch with his feelings that he would rather close the entire federal government than keep his emotions bottled up. He’s confident enough to include a steamy sex scene in a novel. He understands that Paul Revere was warning about the British.

    Mitt Romney is a phony with gobs of hair gel. Newt Gingrich is a phony with gobs of historical grandiosity.

    The 68-year-old has compared himself to Charles de Gaulle. He has noted nonchalantly: “People like me are what stand between us and Auschwitz.” As speaker, he liked to tell reporters he was a World Historical Transformational Figure.

    What does it say about the cuckoo G.O.P. primary that Gingrich is the hot new thing? Still, his moment is now. And therein lies the rub.

    Jill Schneidermann: The Keystone XL Pipeline Project: Extremely Unskillful?

    As thousands of people circled the White House to make known their objections to the multibillion dollar Keystone XL Project, I was again reminded of a comment by Jack Kornfield: “Ours is a society of denial that conditions us to protect ourselves from any direct difficulty and discomfort. We expend enormous energy denying our insecurity, fighting pain, death, and loss, and hiding from the basic truths of the natural world and of our own nature.”

    The dedicated activists who gathered to communicate their views to the President and many others are trying to alert the world’s population to a critical basic truth about the Earth: fossil fuels are an exhaustible resource whose extraction is a perilous and foolhardy enterprise. What’s more, they are trying to wake us up to the fact that in our pursuit of energy sources, greed prevents us from acting skillfully.

    Elizabeth A. Stanton: Spotlight Durban: Climate Change Gets Personal

    It’s that time of year again.

    This week marks the start of the 17th annual United Nations climate change conference, or Conference of Parties (COP). Held this year in Durban, South Africa, COP17 will bring together hundreds of official delegates along with thousands of demonstrators and other unofficial observers. It’s always possible that COP17 will reach an international agreement on a viable climate policy (17th time’s the charm!), but the complete lack of consensus seems likely to derail negotiations.

    Climate change impacts each nation differently, and each nation would have very different costs from lowering emissions to safe levels. This diversity of impacts complicates climate policy negotiations and makes it very challenging for rich and poor nations to find common ground. But the broad range of climate impacts expected around the world has another critical effect on negotiations, one that receives very little media coverage or scholarly analysis: there is an enormous range of likely climate impacts not just between countries, but within them.

    Leslie Savan: Morning Joe: Newt’s a Flip-Flopper of Romnetic Proportions

    Newt Gingrich is riding high right now, surpassing Romney in most polls, and if Herman Cain drops out because allegations of a 13-year-long extramarital affair on top of a bunch of sexual harassment charges are just too much for any fledgling pseudo-candidate, what’s left of the Cain train will probably hitch onto Newt’s caboose. (TPM: “among Cain supporters, Newt Gingrich has clearly been favored over Romney as a second choice.”)

    But to Joe Scarborough, who served loyally in then-Speaker Gingrich’s 1994 “Republican Revolution,” Newt is one of those joke candidates, like Cain, who “should not be running for president of the United States.”

    The Morning Joe host said Tuesday that he just thinks Gingrich is a flip-flopper of Romnetic proportions. He could barely stop laughing at Newt’s claim in a radio interview that he’s “a lot more conservative than Mitt Romney.”

    On this Day In History November 30

    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.

    November 30 is the 334th day of the year (335th in leap years) in the Gregorian calendar. There are 31 days remaining until the end of the year.

    On this day in 1886, the Folies Bergère in Paris introduces an elaborate revue featuring women in sensational costumes. The highly popular “Place aux Jeunes” established the Folies as the premier nightspot in Paris. In the 1890s, the Folies followed the Parisian taste for striptease and quickly gained a reputation for its spectacular nude shows. The theater spared no expense, staging revues that featured as many as 40 sets, 1,000 costumes, and an off-stage crew of some 200 people.

    In 1886, the Folies Bergère went under new management, which, on November 30, staged the first revue-style music hall show. The “Place aux Jeunes,” featuring scantily clad chorus girls, was a tremendous success. The Folies women gradually wore less and less as the 20th century approached, and the show’s costumes and sets became more and more outrageous. Among the performers who got their start at the Folies Bergère were Yvette Guilbert, Maurice Chevalier, and Mistinguett. The African American dancer and singer Joséphine Baker made her Folies debut in 1926, lowered from the ceiling in a flower-covered sphere that opened onstage to reveal her wearing a G-string ornamented with bananas.

    The Folies Bergère remained a success throughout the 20th century and still can be seen in Paris today, although the theater now features many mainstream concerts and performances. Among other traditions that date back more than a century, the show’s title always contains 13 letters and includes the word “Folie.”

    Located at 32 rue Richer in the 9th Arrondissement, it was built as an opera house by the architect Plumeret. It was patterned after the Alhambra music hall in London. The closest métro stations are Cadet and Grands Boulevards.

    It opened on 2 May 1869 as the Folies Trévise, with fare including operettas, comic opera, popular songs, and gymnastics. It became the Folies Bergère on 13 September 1872, named after a nearby street, the rue Bergère (the feminine form of “shepherd”).

    Édouard Manet‘s 1882 well-known painting A Bar at the Folies-Bergère depicts a bar-girl, one of the demimondaines, standing before a mirror.

    The painting is filled with contemporaneous details specific to the Folies-Bergère. The distant pair of green feet in the upper left-hand corner belong to a trapeze artist, who is performing above the restaurant’s patrons.

    The beer which is depicted, Bass Pale Ale (noted by the red triangle on the label), would have catered not to the tastes of Parisians, but to those of English tourists, suggesting a British clientèle. Manet has signed his name on the label of the bottle at the bottom left, combining the centuries-old practice of self-promotion in art with something more modern, bordering on the product placement concept of the late twentieth century. One interpretation of the painting has been that far from only being a seller of the wares shown on the counter, the woman is herself one of the wares for sale; conveying undertones of prostitution. The man in the background may be a potential client.

    But for all its specificity to time and place, it is worth noting that, should the background of this painting indeed be a reflection in a mirror on the wall behind the bar as suggested by some critics, the woman in the reflection would appear directly behind the image of the woman facing forward. Neither are the bottles reflected accurately or in like quantity for it to be a reflection. These details were criticized in the French press when the painting was shown. The assumption is faulty when one considers that the postures of the two women, however, are quite different and the presence of the man to whom the second woman speaks marks the depth of the subject area. Indeed many critics view the faults in the reflection to be fundamental to the painting as they show a double reality and meaning to the work. One interpretation is that the reflection is an interaction earlier in time that results in the subject’s expression in the painting’s present.

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