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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

Nasser al-Awlaki: The Drone That Killed My Grandson

I LEARNED that my 16-year-old grandson, Abdulrahman – a United States citizen – had been killed by an American drone strike from news reports the morning after he died.

The missile killed him, his teenage cousin and at least five other civilians on Oct. 14, 2011, while the boys were eating dinner at an open-air restaurant in southern Yemen. [..]

Nearly two years later, I still have no answers. The United States government has refused to explain why Abdulrahman was killed. It was not until May of this year that the Obama administration, in a supposed effort to be more transparent, publicly acknowledged what the world already knew – that it was responsible for his death.  [..]

After the deaths of Abdulrahman and Anwar, I filed another lawsuit, seeking answers and accountability. The government has argued once again that its targeted killing program is beyond the reach of the courts. I find it hard to believe that this can be legal in a constitutional democracy based on a system of checks and balances.

The government has killed a 16-year-old American boy. Shouldn’t it at least have to explain why?

New York Times Editorial Board: A Second Chance for the World’s Disabled

There was a painful moment on Capitol Hill in December when former Senator Bob Dole, seated in a wheelchair, was greeted warmly by old Republican colleagues but then rebuffed by some of those very same members after he had urged Senate ratification of a United Nations treaty defending the rights of people with disabilities. The treaty drew a 61-to-38 vote that fell five votes short of the needed two-thirds majority after skittish Republicans bought into a nonsensical attack by right-wing critics that it would undermine national sovereignty.

Senator Robert Menendez, a New Jersey Democrat and the chairman of the Senate Foreign Relations Committee, is now negotiating with the ranking committee Republican, Bob Corker of Tennessee, to arrange another vote. Should Mr. Corker agree, it is essential that Senate Democrats vote as one to approve the treaty and that Republicans rise above the hackneyed politicking that undermined the vote last year. With the social-issue pandering of the 2012 campaign behind us, the treaty can be seen for what it is: a singular opportunity to apply the principles of the highly effective Americans With Disabilities Act to the world at large.

Richard (RJ) Eskow: The “Filibuster” Fight Was Really About Our Core Values — And It’s Not Over

A deal over the “filibuster” was tentatively reached in the Senate today, but forget all the insider talk about “nuclear options” and “recess appointments.” This isn’t a story about process. It’s a story about ideology – specifically, the radical-right extremism of today’s Republican Party.

It’s also a story about paralysis, the corrupting power of money in politics, and the real reasons why Washington is increasingly failing to serve the people.

The wasn’t a filibuster fight. It was a fight over fundamental principles of democracy and the role of government in society.

And it’s not over.

Jessica Berstein: Whatever Happened to MoveOn.Org? Progressives and NSA Spying

Ever since the Edward Snowden story about the NSA spying program erupted, there has been a disturbingly eerie silence from progressives. Yes, perfunctory articles have been written, the usual pundits have spoken, and the ACLU has filed a much needed lawsuit, but progressive action groups have scarcely eked out a handful of petitions. As we are facing what is arguably one of the greatest historic struggles of our time, there is barely a ripple in the progressive universe.

Many progressives believe they do not have much to worry about because they ‘haven’t done anything wrong,’ and ‘have nothing to hide.’ However, knowledge of the vast surveillance program should raise critical questions about what is actually being done with this information. Heidi Boghosian, executive director of the National Lawyer’s Guild, explains that one of the first things the government does is target the individuals who are challenging either its policies or the corporate power structure. Evidence of such targets is mounting. Environmental activists and animal rights activists were labeled the top domestic terrorism threat in 2005. The brutal tactics used to suppress the Occupy movement should have given serious pause to activists on all fronts.

Robert Reich: Why We Should Stop Subsidizing Sky-High CEO Pay

Almost everyone knows CEO pay is out of control. It surged 16 percent at big companies last year, and the typical CEO raked in $15.1 million, according to the New York Times.

Meanwhile, the median wage continued to drop, adjusted for inflation.

What’s less well-known is that you and I and other taxpayers are subsidizing this sky-high executive compensation. That’s because corporations deduct it from their income taxes, causing the rest of us to pay more in taxes to make up the difference.

This tax subsidy to corporate executives from the rest of us ought to be one of the first tax expenditures to go, when and if congress turns to reforming the tax code.

Jim Hightower: Exceptionally Mediocre on a Global Scale

America became great through deliberate and determined public investments in the common good, not hocus-pocus exceptionalism.

America the Beautiful! America the Greatest! We’re No. 1, right?

Absolutely, naturally, and indisputably. At least that’s the theocratic pronouncement of far-right-wing nativists who preach the dogma of American “exceptionalism.” They use the concept as a not-to-be-questioned litmus test of our patriotism.

Never mind that on many crucial measures of national achievements, our Good Ol’ U.S. of A has slipped in recent years. A simple-minded assertion that we’re No. 1 doesn’t make it so.

On This Day In History July 18

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 images to enlarge

July 18 is the 199th day of the year (200th in leap years) in the Gregorian calendar. There are 166 days remaining until the end of the year.

On this day in 1940, Franklin Delano Roosevelt, who first took office in 1933 as America’s 32nd president, is nominated for an unprecedented third term. Roosevelt, a Democrat, would eventually be elected to a record four terms in office, the only U.S. president to serve more than two terms.

Roosevelt was born January 30, 1882, in Hyde Park, New York, and went on to serve as a New York state senator from 1911 to 1913, assistant secretary of the Navy from 1913 to 1920 and governor of New York from 1929 to 1932. In 1932, he defeated incumbent Herbert Hoover to be elected president for the first time. During his first term, Roosevelt enacted his New Deal social programs, which were aimed at lifting America out of the Great Depression. In 1936, he won his second term in office by defeating Kansas governor Alf Landon in a landslide.

Election of 1940

The two-term tradition had been an unwritten rule (until the 22nd Amendment after his presidency) since George Washington declined to run for a third term in 1796, and both Ulysses S. Grant and Theodore Roosevelt were attacked for trying to obtain a third non-consecutive term. FDR systematically undercut prominent Democrats who were angling for the nomination, including two cabinet members, Secretary of State Cordell Hull and James Farley, Roosevelt’s campaign manager in 1932 and 1936, Postmaster General and Democratic Party chairman. Roosevelt moved the convention to Chicago where he had strong support from the city machine (which controlled the auditorium sound system). At the convention the opposition was poorly organized but Farley had packed the galleries. Roosevelt sent a message saying that he would not run, unless he was drafted, and that the delegates were free to vote for anyone. The delegates were stunned; then the loudspeaker screamed “We want Roosevelt… The world wants Roosevelt!” The delegates went wild and he was nominated by 946 to 147 on the first ballot. The tactic employed by Roosevelt was not entirely successful, as his goal had been to be drafted by acclamation. The new vice presidential nominee was Henry A. Wallace, a liberal intellectual who was Secretary of Agriculture.

In his campaign against Republican Wendell Willkie, Roosevelt stressed both his proven leadership experience and his intention to do everything possible to keep the United States out of war. In one of his speeches he declared to potential recruits that “you boys are not going to be sent into any foreign war.” He won the 1940 election with 55% of the popular vote and 38 of the 48 states. A shift to the left within the Administration was shown by the naming of Henry A. Wallace as Vice President in place of the conservative Texan John Nance Garner, who had become a bitter enemy of Roosevelt after 1937.

Pravda on the Potomac

One of the many provisions of the National Defense Authorization Act of 2013 that was signed by Pres. Barack Obama late in the night of December 30, 2012, was the repeal of the Smith-Mundt Act of 1948. The original act outlined the State Department’s dissemination of information outside the boarders of the United States:

authorizes the U.S. State Department to communicate to audiences outside of the borders of the United States through broadcasting, face-to-face contacts, exchanges (including educational, cultural, and technical), online activities, the publishing of books, magazines, and other media of communication and engagement.

The legislation included three key provision the first, and most important was a prohibition on domestic dissemination of materials intended for foreign audiences by the State Department.

Section 501(a) of the Act (care of the Voice of America website) provides that

   “information produced by VOA for audiences outside the United States shall not be disseminated within the United States … but, on request, shall be available in the English language at VOA, at all reasonable times following its release as information abroad, for examination only by representatives of United States press associations, newspapers, magazines, radio systems, and stations, and by research students and scholars, and, on request, shall be made available for examination only to Members of Congress.”

“This means that VOA is forbidden to broadcast within the United States.” In reality, of course, any American with a shortwave receiver or an Internet connection can listen to VOA. That’s incidental, however. VOA cannot direct or intend its programs to be “for” Americans. This distinction is often lost on experts who see the letter of the law but with no real understanding of the media. George W. Bush-era State Department official James K. Glassman has called for directing VOA at American audiences.

The 2013 NDAA ended that restriction on July 2:

(T)he Broadcasting Board of Governors (BBG) was given permission to let US households tune-in to hear the type of programming that has previously only been allowed in outside nations.

The BBG is the independent government agency that broadcasts Voice of America, Radio Free Europe, and other networks created “to inform, engage and connect people around the world in support of freedom and democracy” – and a new law now allows the agency to provide members of the American public with program materials originally meant to be disseminated abroad.

Back in 1972, Arkansas Senator J. William Fulbright equated those government stories with propaganda when he said they “should be given the opportunity to take their rightful place in the graveyard of Cold War relics.” A couple of current lawmakers were singing a different tune when they proposed the Smith-Mundt Modernization Act of 2012 last year, though, which became official just two weeks ago.

Reps. Mac Thornberry (R-TX) and Adam Smith (D-WA), who introduced the changes to the Smith Mundt last year argued

“Effective strategic communication and public diplomacy should be front-and-center as we work to roll back al-Qaeda’s and other violent extremists’ influence among disaffected opulations,” [..]

An essential part of our efforts must be a coordinated, comprehensive, adequately resourced plan to counter their radical messages and undermine their recruitment abilities. To do this, Smith-Mundt must be updated to bolster our strategic communications and public diplomacy capacity on all fronts and mediums – especially online.

According to Tim Cushing at Techdirt, there is the good news and bad news of the government’s ability to aim its pre-approved news at US citizens. The “good new”:

BBG spokesperson Lynne Weil says these efforts aren’t simply pro-government hype machines.  [..]

As Weil points out, this will bring a new level of transparency to the BBG as communicating to Americans is no longer prohibited. If nothing else, transcripts of BBG programming will be easier for Americans to get ahold of. A court ruled in 1998 that the limitations of the Smith-Mundt Act exempted the Voice of America from releasing transcripts in response to FOIA requests.

Another possible plus is the fact that the BBG will provide a free, “local” news source for immigrant populations. [..]

However, there is the “bad news”:

(T)he thought of a state-run news agency being allowed to direct its efforts at Americans is still uncomfortable. Despite claims of independence, it’s hard to believe the source is 100% trustworthy when its stated purpose is to run flack for the State Department in foreign nations. (Of course, the mainstream media outlets haven’t shown much reluctance to regurgitate talking points, which almost makes the BBG’s efforts seem redundant.)

While the BBG may provide a less-biased source of news for many foreigners (or at least provide a different bias), the purpose of its broadcasts to its new American audience is less clear. The fact that the State Department is behind the effort doesn’t do much to allay fears that the BBG will become a tool of domestic propaganda. The State Department’s reaction to the leak of diplomatic correspondence by Wikileaks was to block its employees’ access to the site (or any site containing the word “Wikileaks”) and demand the digital documents be “returned.” How will a state-run press react to developments like these? Will it be forced to play by the department’s rules, no matter how illogical, or will it be able to deal with them in a more forthright manner?

In a time where the administration seems to be forced to play defense with increasing frequency, it’s hard to believe it won’t be willing to exploit this addition to its PR arsenal.

In a May 18, 2012 BuzzFeded article, the late Michael Hastings warned that this revision would open the door to Pentagon propaganda:

The evaporation of Smith-Mundt and other provisions to safeguard U.S. citizens against government propaganda campaigns is part of a larger trend within the diplomatic and military establishment.

In December, the Pentagon used software to monitor the Twitter debate over Bradley Manning’s pre-trial hearing; another program being developed by the Pentagon would design software to create “sock puppets” on social media outlets; and, last year, General William Caldwell, deployed an information operations team under his command that had been trained in psychological operations to influence visiting American politicians to Kabul.

A U.S. Army whistleblower, Lieutenant Col. Daniel Davis, noted recently in his scathing 84-page unclassified report on Afghanistan that there remains a strong desire within the defense establishment “to enable Public Affairs officers to influence American public opinion when they deem it necessary to “protect a key friendly center of gravity, to wit US national will,” he wrote, quoting a well-regarded general.

Not only is the government creating an state approved press, it will now have its own news agencies within the US to disseminate its own sanctioned news stories, a true Pravda on the Potomac.

New DOJ Journalist Rules: For Thee But Not For Me

In the recent embarrassing uproar over Attorney General Eric Holder’s labeling a James Rosen, reporter for Fox News, a co-conspirator in a federal leak probe and issued a secret search warrant for his e-mails, Holder said that Department of Justice rules would be reviewed and revised as needed. The “New Rules” on media policy (pdf) were issued last week. The rules, as Marcy Wheeler at empty wheel points out, will only apply to explicitly to “members of the news media,” not journalists per se.

The definition might permit the exclusion of bloggers and book writers, not to mention publishers like WikiLeaks. [..]

That approach would have several advantages over protecting “the news media.” First, by protecting the act of journalism, you include those independent reporters who are unquestioningly engaging in journalism (overcoming the blogger question I laid out, but also those working independently on book projects, and potentially – though this would be a contentious though much needed debate – publishers like WikiLeaks), but also exclude those news personalities who are engaging in entertainment, corporate propaganda, or government disinformation.

The rules also are a move to set up an “official press.” More from Marcy who goes into detail:

The First Amendment was written, in part, to eliminate the kind of official press that parrots only the King’s sanctioned views. But with its revised “News Media Policies,” DOJ gets us closer to having just that, an official press.

That’s because all the changes laid out in the new policy (some of which are good, some of which are obviously flawed) apply only to “members of the news media.” They repeat over and over and over and over, “news media.” I’m not sure they once utter the word “journalist” or “reporter.” And according to DOJ’s Domestic Investigation and Operations Guide, a whole slew of journalists are not included in their definition of “news media.” [..]

The limitation of all these changes to the “news media” is most obvious when it treats the Privacy Protection Act – which should have prevented DOJ from treating James Rosen as a  suspect. [..]

The PPA, however, applies to all persons “reasonably believed to have a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication.” [..]

I’m clearly covered by the PPA. But the FBI could easily decide to exclude me from this “news media” protection so as to be able to snoop into my work product.

Congratulations to the “members of the news media” who have been deemed the President’s official press. I hope you use your privileges wisely.

Update: I’ve learned that the issue of whom this applied to did come up in background meetings at DOJ; in fact, DOJ raised the issue. The problem is, there is no credentialing system that could define who gets this protection and DOJ didn’t want to lay it out (and most of the people invited have never been anything but a member of the news media, making it hard for them to understand how to differentiate a journalist).

Ultimately, I think DOJ is so anxious for Congress to pass a shield law (which they say elsewhere in their report) because it’ll mean Congress will do the dirty work of defining who is and who is not a journalist.

The full article is a wealth of information and worth the time to read it, along with all the links.

The Obama administration and Congress are coming very close to creating a state sanctioned press, a true “Pravda on the Potomac,” as The Washington Post is unofficially called. This is Cass Sunstein’s dream come true.

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.

Follow us on Twitter @StarsHollowGzt

Katrina vanden Heuvel: The appalling GOP

There really isn’t any other word. Congressional Republicans are simply appalling. They have absolute control of the House. They set the agenda. They decide what comes to the floor. They decide what passes on to the Senate.

They know that extreme legislation isn’t going to be enacted into law. The Democratic majority in the Senate and the Democratic president stand in the way. So the legislation they choose to pass is a statement of their own values. It is simply designed to proclaim, “This is where we stand.” And for the vast majority of Americans, what they proudly proclaim is simply beyond the pale. [..]

Eisenhower was a conservative and frugal president who insisted on balancing the budget. He put a lid on Pentagon spending. He defended Social Security and labor laws, while building the interstate highways and funding the national education defense act. He was re-elected in a landslide.

Now it looks like the “stupid” wing of the Republican Party has taken over. Our nation suffers as a result. And Republicans are likely to pay the price for that.

Nozomi Hayase: Edward Snowden, True Hope for Change

Amid shock waves from the revelations of mass global NSA spying, the US government reaction to leaker Edward Snowden took a dramatic turn. From media smearing to overcharging him with espionage, this followed the predictable pattern of Obama’s war on whistleblowers; shooting the messengers by demonizing and discrediting them in order to kill the message or distract people from it. [..]

The US government’s recent manhunt for Snowden went too far in that it tried to intimidate a number of sovereign countries who were defending the universal right to asylum. A prime example was seen in the recent ‘jet aggression‘ of stopping the Bolivian president Evo Morales’ plane, followed by the hacking of the emails of senior authorities in Bolivia. This desperate action showed the true colors of the Obama administration. It exposed to the world the real viciousness of this regime and their disdain for international law and basic human rights. Obama’s 2008 campaign slogan ‘Yes We Can’ scammed the American people with the secret practice of Stasi 2.0, ‘Yes, We Scan’.

Heidi Moore: By Prosecuting Fabrice Tourre but Not Goldman Sachs, the SEC Courts Failure

The SEC already reached a ‘no fault’ settlement with Goldman Sachs, so how can it bring down Tourre for the same non-crime?

Monday sees the opening of the trial of a colorful former Goldman Sachs trader, Fabrice Tourre: a made-for-TV Wall Streeter, a Frenchman with a quick wit who dubbed himself “Fabulous Fab” even as he worked on mortgage deals which, it is alleged, he knew would fail.

The trial is sure to be entertaining. It is also certain to add nothing to the sum of human knowledge; nor will it create any kind of catharsis or sense of justice for the mortgage crisis.

First, some quick background: the deal for which Tourre is on trial is known as Abacus. It was a set of sure-to-fail subprime mortgage securities that Goldman Sachs created exclusively for rich investor John Paulson. Paulson wanted to bet against subprime, but he was having trouble: mortgage securities are mashed-together bundles of all kinds of mortgages, some of good quality, some of excellent quality, and some of subprime quality. Paulson wanted a purely subprime product so that he could bet against it. Goldman Sachs created such a product for him.

Eunice Hyon Min Rho: Photo ID Law on Trial in Pennsylvania: What’s at Stake for Our Democracy

Margaret Pennington, a 90-year-old Chester County resident and lifelong voter, votes by going to her polling place two blocks away. She also no longer drives and depends on her daughter to take her around. She lives about 25 miles away from the nearest PennDOT office, Pennsylvania’s equivalent of a DMV office. For Pennington to obtain a photo ID to vote, her daughter would have to close her small retail business and lose a day’s work.

Pennington is just one of the hundreds of thousands of Pennsylvanians who will not be able to vote if the state’s photo ID law remains in place. Many are elderly, some have disabilities, some are low-income; all take seriously their responsibility to vote on Election Day.

Today the ACLU is back in court to ask that the photo ID law be blocked permanently, as it is an unnecessary and unjustifiable burden on the fundamental right to vote guaranteed under the Pennsylvania State Constitution. We will show that not only does the state photo ID law fall far short of the constitutional promise that elections be “free and equal,” but it also fails to pass the common sense test.

Joan Walsh: Hey, Newt, this is not a “lynch mob”!

Newt Gingrich insists Trayvon Martin protesters were “prepared to be a lynch mob.” Here’s a little history lesson

Every day this year brings another 150thanniversary of an epochal Civil War event, some more important than others. A big one that’s getting little attention is the days-long New York City Draft Riots, when hundreds of furious Irish immigrants took to the streets to protest Civil War conscription, which began July 13, 1863. Against the backdrop of mostly peaceful protests against the acquittal of George Zimmerman in the killing of Trayvon Martin, many people are remembering the history of white rage, and white race riots – Tulsa, Okla., Rosewood, Fla. – but I’ve seen no one mention the draft riots, though the Zimmerman verdict came down on the 150th anniversary of their start.

With the ludicrous Newt Gingrich (who claims to be a historian) insisting the peaceful Trayvon Martin protesters were “prepared to be a lynch mob,” it’s worth remembering that devastating eruption of white mob violence 150 years earlier, when at least 11 black men were actually lynched.

Jessica Valenti: Fear and Consequences: George Zimmerman and the Protection of White Womanhood

My first week of college, I had a heated debate about abortion with two new friends-both were white, and one, Nancy, was extremely pro-life. I was feeling pretty proud of myself for having such an “adult” conversation-we disagreed, but everyone was being respectful. Then my other pro-choice friend asked Nancy what she would do with a pregnancy if she was raped. I will never forget what Nancy said: “I think it would be cute to have a little black baby.” When we expressed outrage at her racism, Nancy shrugged. It never occurred to her a rapist would be anyone other than a black man. (DOJ statistics show that 80 to 90 percent of women who are raped are attacked by someone of their own race, unless they are Native women.) When this young woman imagined a criminal in her mind, he wasn’t a faceless bogeyman.

I hadn’t thought of this exchange in years, not until I was reading the responses to George Zimmerman’s acquittal-particularly those about the role of white womanhood. When I first heard that the jurors were women, I naïvely hoped they would see this teenage boy shot dead in the street and think of their children. But they weren’t just any women; most were white women. Women who, like me, have been taught to fear men of color. And who-as a feminist named Valerie pointed out on Twitter-probably would see Zimmerman as their son sooner than they would Trayvon Martin.

On This Day In History July 17

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 images to enlarge

July 17 is the 198th day of the year (199th in leap years) in the Gregorian calendar. There are 167 days remaining until the end of the year.

On this day in 1998, a diplomatic conference adopts the Rome Statute of the International Criminal Court, establishing a permanent international court to prosecute individuals for genocide, crime against humanity, war crimes, and the crime of aggression.

The Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute) is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of March 2011, 114 states are party to the statute. Grenada will become the 115th state party on 1 August 2011. A further 34 states have signed but not ratified the treaty. Among other things, the statute establishes the court’s functions, jurisdiction and structure.

Under the Rome Statue, the ICC can only investigate and prosecute in situations where states are unable or unwilling to do so themselves. Thus, the majority of international crimes continue to go unpunished unless and until domestic systems can properly deal with them. Therefore, permanent solutions to impunity must be found at the domestic level.

History

Following years of negotiations aimed at establishing a permanent international tribunal to prosecute individuals accused of genocide and other serious international crimes, such as crimes against humanity, war crimes and the recently defined crimes of aggression, the United Nations General Assembly convened a five-week diplomatic conference in Rome in June 1998 “to finalize and adopt a convention on the establishment of an international criminal court”. On 17 July 1998, the Rome Statute was adopted by a vote of 120 to 7, with 21 countries abstaining.[5] The seven countries that voted against the treaty were Iraq, Israel, Libya, the People’s Republic of China, Qatar, the United States, and Yemen.

On 11 April 2002, ten countries ratified the statute at the same time at a special ceremony held at the United Nations headquarters in New York City, bringing the total number of signatories to sixty, which was the minimum number required to bring the statue into force, as defined in Article 126. The treaty entered into force on 1 July 2002; the ICC can only prosecute crimes committed on or after that date. The statute was modified in 2010 after the Review Conference in Kampala, Uganda, but the amendments to the statute that were adopted at that time are not effective yet.

The Rome Statute is the result of multiple attempts for the creation of a supranational and international tribunal. At the end of 19th century, the international community took the first steps towards the institution of permanent courts with supranational jurisdiction. With the Hague International Peace Conferences, representatives of the most powerful nations made an attempt to harmonize laws of war and to limit the use of technologically advanced weapons. After World War I and even more after the heinous crimes committed during World War II, it became a priority to prosecute individuals responsible for crimes so serious that needed to be called “against humanity”. In order to re-affirm basic principles of democratic civilisation, the alleged criminals were not executed in public squares or sent to torture camps, but instead treated as criminals: with a regular trial, the right to defense and the presumption of innocence. The Nuremberg trials marked a crucial moment in legal history, and after that, some treaties that led to the drafting of the Rome Statute were signed.

UN General Assembly Resolution n. 260 9 December 1948, the Convention on the Prevention and Punishment of the Crime of Genocide, was the first step towards the establishment of an international permanent criminal tribunal with jurisdiction on crimes yet to be defined in international treaties. In the resolution there was a hope for an effort from the Legal UN commission in that direction. The General Assembly, after the considerations expressed from the commission, established a committee to draft a statute and study the related legal issues. In 1951 a first draft was presented; a second followed in 195] but there were a number of delays, officially due to the difficulties in the definition of the crime of aggression, that were only solved with diplomatic assemblies in the years following the statute’s coming into force. The geopolitical tensions of the Cold War also contributed to the delays.

Trinidad and Tobago asked the General Assembly in December 1989 to re-open the talks for the establishment of an international criminal court and in 1994 presented a draft Statute. The General Assembly created an ad hoc committee for the International Criminal Court and, after hearing the conclusions, a Preparatory Committee that worked for two years (1996-1998) on the draft. Meanwhile, the United Nations created the ad hoc tribunals for the former Yugoslavia (ICTY) and for Rwanda (ICTR) using statutes-and amendments due to issues raised during pre-trial or trial stages of the proceedings-that are quite similar to the Rome Statute.

During its 52nd session the UN General Assembly decided to convene a diplomatic conference for the establishment of the International Criminal Court, held in Rome 15 June-17 July 1998 to define the treaty, entered into force on 1 July 2002.

Liz Warren Slays CNBC

CNBC’s Squackbox invited Sen. Elizabeth Warren on to discuss her bipartisan supported 21st Glass-Stegall Bill. I will only say, Elizabeth Warren for President 2016.

That had to hurt.

Congressional Game of Chicken: Compromise? Reached On Presidential Nominees

Harry and the Democrats have once again backed off fixing the unconstitutional filibuster rule in the Senate that has allowed the minority party to stall everything from nominees to offices, the bench and passing legislation this session.

A tentative agreement to avert reforming filibuster on presidential nominees to administrative positions was reached during the night on an unusual private session between the two caucuses.

The deal, which was negotiated primarily between Senate Majority Leader Harry Reid (D-Nev.) and Sen. John McCain (R-Ariz.), was described by a Senate Democratic aide as one in which the Republican Party will allow votes to confirm the seven executive nominees, provided that Obama replaces his two nominees to the National Labor Relations Board with two other names. Those nominees would have a commitment “in writing” from GOP leadership to get a vote, the Democratic aide said.  [..]

Getting replacements for the NLRB nominees is, more or less, a face-saving measure for the GOP leadership. Republicans had argued that the nominees, Sharon Block and Richard Griffin, were irrevocably tainted because Obama elevated them as recess appointments, which were ruled unconstitutional by the U.S. Court of Appeals for the D.C. Circuit. Democrats countered that such taint would have been wiped away had Block and Griffin received a clean vote by the Senate. [..]

Under the proposed deal between the two parties, which the Democratic aide cautioned was “not final yet” as of 11:00 a.m., Reid would also retain the right to consider rules reform in the future. There are “no conditions or restrictions on future action whatsoever,” the aide said. Another aide confirmed that position.

According news reports from aids, Reid had stopped talking to minority leader Sen. Mitch McConnell, choosing instead to broker a deal through McCain.

The cloture vote on Richard Cordray to head the Consumer Financial Protection Bureau was taken late this morning, passing 79 – 29 thus ending the filibuster on his nomination. Final confirmation will take place later today.

There are some Democrats not satisfied with the tentative deal over Block and Gross:

Republicans have balked as the question to whether their recess appointments are constitutional awaits a Supreme Court decision this fall. Instead, Republicans are hoping to slot in two new Democratic-chosen NLRB members in place of Block and Griffin, a move sure to rile up the liberal wing of the party.

Democrats tried to come up with some potential replacement for Block and Griffin over the weekend, but have been unsuccessful up to this point. [..]

Some veteran Democrats, however, are standing by Block and Griffin, and are urging Reid and the White House not to cave to GOP pressure, as are labor leaders.

“If it’s a deal that somehow carves out Sharon Block and Richard Griffin from going on the NLRB, then I am going to be standing up. Because I think it would be grossly unfair to throw them out simply to make a deal,” declared Sen. Tom Harkin (D-Iowa). “Until the Supreme Court decides it, they have every right to be where they are.”

The Democratic leadership is concerned with threats made by Republicans that if they win the Senate in 2014, they would change the Senate rules in such a way as to completely block any presidential nominees and enable them to push though their agenda. The question is what is to stop them from doing this anyway? Does anyone really believe that a Republican led senate would tolerate a Democratic minority obstructing their agenda? Republicans have already threatened random acts of obstruction should Democrats exercise the option. But, truthfully, how much more obstructive can they get?

If the Democrats expect to get anything done or anyone confirmed to the bench before they lose their majority, they needed to do it now.  

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”.

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New York Times Editorial Board: A Step to Majority Rule in the Senate

After years of growing Republican obstruction – legislation blocked, judicial candidates forced to withdraw, presidential nominations left to languish, government agencies rendered powerless by denying them leaders – Senate Democrats say they are finally ready to take action. Barring a last-minute deal, Harry Reid, the majority leader, said he would move to change the Senate rules on Tuesday to ban the filibuster for executive appointments.

This is a relatively modest step toward returning basic governance to the chamber. It does not change the 60-vote requirement that Republicans have made routine for virtually all legislation, perverting the majoritarian vision of the Constitution. It does not ban the filibuster for judicial nominees, though we wish it did because Republicans are still holding up too many federal court candidates.

William K. Black: What If Bernanke Had the Character to Be Candid?

David Wessel has just published a fantasy piece in the Wall Street Journal that asks the question, “What if Bernanke could be blunt” in his Congressional testimony later this week? Here are the first two things that Wessel envisions a blunt Bernanke as telling Congress:

   One. [T]he U.S. is doing a heck of a lot better than the rest of the developed world.

and

   Two. You in Congress are hurting the economy now by allowing the sequester to stick and hurting the economy in the future by refusing to deal with long-term deficits. The Fed is trying to offset this, but there’s only so much we can do.

Wessel’s column has prompted me to ask a more important question: What would Bernanke tell Congress if he had the character to be candid? Many witnesses have been blunt with Congress. The problem is that one can be a blunt and dead wrong. It takes character for a Fed Chairman to tell Congress that the economy is screwed up because the Fed screwed up on his watch. That candor is what the nation needs and the character that produces such candor has been sadly lacking among Fed chairmen.

Richard (RJ) Eskow: While Washington Sleeps, a Nation Crumbles

While Washington sleeps, America crumbles.  Why? How have we allowed that to happen?

The short version is this: The American people have been subjected to a bait-and-switch routine on a massive scale.  The national debate should have centered solely on how much to borrow, where to invest, and how to divide the investment among the plethora of worthy projects dotting the American landscape.

Instead we were treating to the bread-and-circuses spectacle of “Deficit Commissions,” debt hysteria, and a cult of economic austerity that demanded spending cuts across the globe despite the utter absence of real-world evidence for its harsh and untested prescriptions. When the evidence finally did come in, it showed that austerity’s effects were as devastating as the Keynesian economists had predicted.

Austerity prevailed anyway.

Dean Baker; The Return of Larry Summers?

According to accounts in the business press, there is a campaign among Washington insiders to get Larry Summers appointed as Ben Bernanke’s replacement as Federal Reserve Board chair. This could end up being the scariest horror movie of the summer.

It is bizarre that Summers would be seriously considered as the next Fed chair if for no other reason that there is an obvious replacement for Bernanke already sitting at the Fed. Janet Yellen, the vice-chair, has in the past served as the president of the Federal Reserve Bank of San Francisco, a member of the Board of Governors in the 1990s and head of President Clinton’s Council of Economic Advisers. She also has an impressive academic background, having been a professor at both Berkeley and Harvard. [..]

But even if President Obama were to decide for some reason not to promote Yellen to Bernanke’s position, it is difficult to see why Summers would be the alternative. Memories tend to be short in Washington, but those of us removed from elite circles know that Summers’ policies played a central role in setting up the economy for the crash that got us where we are today.

Eugene Robinson: Denied the Right to Be Young

Justice failed Trayvon Martin the night he was killed. We should be appalled and outraged, but perhaps not surprised, that it failed him again Saturday night with a verdict setting his killer free.

Our society considers young black men to be dangerous, interchangeable, expendable, guilty until proven innocent. This is the conversation about race that we desperately need to have-but probably, as in the past, will try our best to avoid. [..]

The conversation we need to have is about how black men, even black boys, are denied the right to be young, to be vulnerable, to make mistakes. We need to talk about why, for example, black men are no more likely than white men to smoke marijuana but nearly four times as likely to be arrested for it-and condemned to a dead-end cycle of incarceration and unemployment. I call this racism. What do you call it?

Trayvon Martin was fighting more than George Zimmerman that night. He was up against prejudices as old as American history, and he never had a chance.

Robert Kuttner: A Revolutionary Solution to Student Debt

On July 1, the Oregon legislature unanimously passed a plan to allow students to attend public colleges and universities tuition free and without incurring college loans.

The plan is revolutionary, and long overdue. It could change the politics of student debt nationally. The program permits an Oregon resident to attend an Oregon public university or community college, and pay back the state a percentage of income over a 24-year period, 3 percent of income for a four-year university, 1.5 percent for a community college. This system, called Pay It Forward, will be tried on a pilot basis, and then if the legislature reaffirms it, will be available to any Oregonian.

On This Day In History July 16

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 images to enlarge

July 16 is the 197th day of the year (198th in leap years) in the Gregorian calendar. There are 168 days remaining until the end of the year.

On this day in 1945, at 5:29:45 a.m., the Manhattan Project comes to an explosive end as the first atom bomb is successfully tested in Alamogordo, New Mexico.

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If the radiance of a thousand suns were to burst at once into the sky, that would be like the splendor of the mighty one…

“Now I am become Death, the destroyer of worlds.”

Bhagavad Gita

J. Robert Oppenheimer

Plans for the creation of a uranium bomb by the Allies were established as early as 1939, when Italian emigre physicist Enrico Fermi met with U.S. Navy department officials at Columbia University to discuss the use of fissionable materials for military purposes. That same year, Albert Einstein wrote to President Franklin Roosevelt supporting the theory that an uncontrolled nuclear chain reaction had great potential as a basis for a weapon of mass destruction. In February 1940, the federal government granted a total of $6,000 for research. But in early 1942, with the United States now at war with the Axis powers, and fear mounting that Germany was working on its own uranium bomb, the War Department took a more active interest, and limits on resources for the project were removed.

Brigadier-General Leslie R. Groves, himself an engineer, was now in complete charge of a project to assemble the greatest minds in science and discover how to harness the power of the atom as a means of bringing the war to a decisive end. The Manhattan Project (so-called because of where the research began) would wind its way through many locations during the early period of theoretical exploration, most importantly, the University of Chicago, where Enrico Fermi successfully set off the first fission chain reaction. But the Project took final form in the desert of New Mexico, where, in 1943, Robert J. Oppenheimer began directing Project Y at a laboratory at Los Alamos, along with such minds as Hans Bethe, Edward Teller, and Fermi. Here theory and practice came together, as the problems of achieving critical mass-a nuclear explosion-and the construction of a deliverable bomb were worked out.

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