Up host Chris Hayes discusses what we have learned since last week with guests Oliver Stone, award-winning director, producer and screenwriter; Veronique de Rugy, senior research fellow at the Mercatus Center at George Mason University; David Cay Johnston, Pulitzer Prize winning journalist and author; and Suzy Khimm, reporter for the Washington Post.

2012: A Safe Year To Fly

By Daniel Politi, Slate

Fear of flying may soon be a thing of the past as 2012 was a great year to get on a plane. Air travel is now the safest it has been “since the dawn of jet planes,” reports the Wall Street Journal, noting that the industry is set to mark the lowest rate of fatalities in 2012 since the early 1960s. Before Saturday’s crash near Moscow that killed four people, there were a total of 22 fatal crashes across the world in 2012, a decline from the 28 seen in 2011 and far lower from the 34 fatal accidents per year that is the average over the last decade. Of the 22 crashes, only 10 were of passenger aircraft, and just three were larger jetliners built in the West. The other seven were turboprops built in the West or Russia.

Secrecy of Memo on Drone Killing Is Upheld

by Adam Liptak

WASHINGTON – A federal judge in Manhattan refused on Wednesday to require the Justice Department to disclose a memorandum providing the legal justification for the targeted killing of a United States citizen, Anwar al-Awlaki, who died in a drone strike in Yemen in 2011.

The ruling, by Judge Colleen McMahon, was marked by skepticism about the antiterrorist program that targeted him, and frustration with her own role in keeping the legal rationale for it secret.

“I can find no way around the thicket of laws and precedents that effectively allow the executive branch of our government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws while keeping the reasons for their conclusion a secret,” she wrote.

“The Alice-in-Wonderland nature of this pronouncement is not lost on me,” Judge McMahon wrote, adding that she was operating in a legal environment that amounted to “a veritable Catch-22.”

A lawsuit for the memorandum and related materials was filed under the Freedom of Information Act by The New York Times and two of its reporters, Charlie Savage and Scott Shane. Wednesday’s decision also rejected a broader request under the act from the American Civil Liberties Union.

David E. McCraw, a lawyer for The Times, said the paper would appeal.

Welcome to the Stars Hollow Health and Fitness News weekly diary. It will publish on Saturday afternoon and be open for discussion about health related issues including diet, exercise, health and health care issues, as well as, tips on what you can do when there is a medical emergency. Also an opportunity to share and exchange your favorite healthy recipes.

Questions are encouraged and I will answer to the best of my ability. If I can’t, I will try to steer you in the right direction. Naturally, I cannot give individual medical advice for personal health issues. I can give you information about medical conditions and the current treatments available.

You can now find past Health and Fitness News diaries here and on the right hand side of the Front Page.

Follow us on Twitter @StarsHollowGzt

Here is a New Year’s project for you. Take an inventory of your pantry, freezer and refrigerator and cook for a week without buying anything except items that you and your children may consume on a daily basis (for me that means bananas). That is what I’m doing this week, and I have decided that I will also make my meals vegan. [..]

This is a healthy, hearty and inexpensive way to begin the New Year and we have been eating extremely well. In fact there is enough on hand that I might extend this to a two-week exercise.

~Martha Rose Shulman~

“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

Bill Maher; New Rules for the New Year

2012: I call it the year in “meh.” Not the worst we’ve ever experienced, but nothing particularly great to say about it either. Like being a socialite, but in Tampa.

I am looking forward to 2013, however, because I love the odd-numbered years – they’re the ones without congressional elections, Olympics, World Cups or weird extra days tacked onto the calendar by so-called scientists. Odd-numbered years are chill. They’re the 3 p.m. of years – that small sliver of time when lunch is digested and it’s too early to think about dinner and you stand at least a fighting chance of getting something done.

In that spirit, here are the New Rules for the new year:

NEW RULE Now that their end-of-the-world prophecy has proved to be complete baloney, the Mayans must be given a job predicting election results for Fox News.

NEW RULE Sometime during the 2013 awards show season, “Gangnam Style” must be given an award for the shortest amount of time between my finding out what something is to my being completely sick of it. Besting the time of 7 hours, 12 minutes, set by “The Macarena” in 1996. [.]]

Robert Reich; Why Jobs Must Be Our Goal Now, Not Deficit Reduction

The news today from the Bureau of Labor Statistics is that the U.S. job market is treading water.

The number of new jobs created in December (155,000), and percent unemployment (7.8), were the same as the revised numbers for November.

Also, about the same number of people are looking for work (12.2 million), with additional millions too discouraged even to look.

Put simply, we’re a very long way from the job growth we need to get out of the gravitational pull of the Great Recession. That would be at least 300,000 new jobs per month.

All of which means job growth and wage growth should be the central focus of economic policy, not deficit reduction.

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.

January 5 is the fifth day of the year in the Gregorian calendar. There are 360 days remaining until the end of the year (361 in leap years).

On this day in 1933, construction starts on what will become one of America’s most famous landmarks: the Golden Gate Bridge. When completed in 1937, the Golden Gate has a 4,200-foot-long suspension span, making it the world’s longest suspension bridge. Since opening to the public in May 1937, almost 2 billion vehicles have crossed the bridge, in both the north- and southbound directions.

The bridge was named not for its distinctive orange color (which provides extra visibility to passing ships in San Francisco’s famous fog), but for the Golden Gate Strait, where the San Francisco Bay opens into the Pacific Ocean. The bridge spans the strait and connects the northern part of the city of San Francisco to Marin County, California.

Before the bridge was built, the only practical short route between San Francisco and what is now Marin County was by boat across a section of San Francisco Bay. Ferry service began as early as 1820, with regularly scheduled service beginning in the 1840s for purposes of transporting water to San Francisco. The Sausalito Land and Ferry Company service, launched in 1867, eventually became the Golden Gate Ferry Company, a Southern Pacific Railroad subsidiary, the largest ferry operation in the world by the late 1920s. Once for railroad passengers and customers only, Southern Pacific’s automobile ferries became very profitable and important to the regional economy. The ferry crossing between the Hyde Street Pier in San Francisco and Sausalito in Marin County took approximately 20 minutes and cost US$1.00 per vehicle, a price later reduced to compete with the new bridge. The trip from the San Francisco Ferry Building took 27 minutes.

Many wanted to build a bridge to connect San Francisco to Marin County. San Francisco was the largest American city still served primarily by ferry boats. Because it did not have a permanent link with communities around the bay, the city’s growth rate was below the national average. Many experts said that a bridge couldn’t be built across the 6,700 ft (2,042 m) strait. It had strong, swirling tides and currents, with water 500 ft (150 m) in depth at the center of the channel, and frequent strong winds. Experts said that ferocious winds and blinding fogs would prevent construction and operation.

The next “plateau” in the on going “Mythical Cliff” debate is the unconstitutional debt ceiling which the Republicans are now threatening to take hostage to demand draconian cuts to social security and other programs while sparing defense. With the settlement over the Obama tax cuts out of the way, the $1 trillion dollars in sequestration cuts are scheduled to take effect in two month at the same time authorized spending will “hit the roof,” setting up the showdown between the feral Tea Party dominated Republican held House, the roadblocked filibustered Senate and the ever capitulating White House. Still very much in danger are Social Security and Medicare which President Barack Obama has refused to take off the table and keeps offering up as sacrifice as part of an agreement. To get what they want the Republicans are willing to let the government default on its debt

Sen. Pat Toomey (R-Pa.) said on MSNBC’s “Morning Joe” this week, “we Republicans need to be willing to tolerate a temporary, partial government shutdown” in order to achieve spending cuts and entitlement reforms.

On Friday morning, meanwhile, House Speaker John Boehner (R-Ohio) told members that he was prepared to use the debt ceiling fight as leverage to get spending cuts. According to a source in the room, Boehner showed fellow lawmakers the results of a survey by the Winston Group, a GOP polling firm, which showed that 72 percent of Americans “agree any increase in the nation’s debt limit must be accompanied by spending cuts and reforms of a greater amount.”

“The debate is already under way,” the speaker said.

Elsewhere on Friday morning, Sen. John Cornyn (R-Texas), the second-ranking Senate Republican, penned an op-ed making a similar argument.

   Republicans are more determined than ever to implement the spending cuts and structural entitlement reforms that are needed to secure the long-term fiscal integrity of our country.

   The coming deadlines will be the next flashpoints in our ongoing fight to bring fiscal sanity to Washington. It may be necessary to partially shut down the government in order to secure the long-term fiscal well being of our country, rather than plod along the path of Greece, Italy and Spain. President Obama needs to take note of this reality and put forward a plan to avoid it immediately.

Calling this a “government shutdown,” even a partial shut down, is just plain spin that will result in an even deeper recession than the last one from which we have yet to fully recover. In a letter from Matthew E. Zames, a managing director at JPMorgan Chase and the chairman of the Treasury Borrowing Advisory Committee lists what will happen if the debt ceiling is not raised:

First, foreign investors, who hold nearly half of outstanding Treasury debt, could reduce their purchases of Treasuries on a permanent basis, and potentially even sell some of their existing holdings. [.]]

Second, a default by the U.S. Treasury, or even an extended delay in raising the debt ceiling, could lead to a downgrade of the U.S. sovereign credit rating. [..]

Third, the financial crisis you warned of in your April 4th Letter to Congress could trigger a run on money market funds, as was the case in September 2008 after the Lehman failure. [..]

Fourth, a Treasury default could severely disrupt the $4 trillion Treasury financing market, which could sharply raise borrowing rates for some market participants and possibly lead to another acute deleveraging event. [..]

Fifth, the rise in borrowing costs and contraction of credit that would occur as a result of this deleveraging event would have damaging consequences for the still-fragile recovery of our economy. [..]

Finally, (..) because the long-term risks from a default are so large, a prolonged delay in raising the debt ceiling may negatively impact markets well before a default actually occurs.

Obviously, the Republicans did not learn from the last hostage threat that resulted in a market down turn and the downgrade of the US credit rating. That debacle resulted in an extension of the Bush tax cuts and, now the permanent Obama tax cuts. Without tax increases as leverage the President and the Democrats have very little wiggle room.

That brings us to the elephant in the room that most of the MSMS, some so called progressive blogs and pundits, including Nobel Prize winning economist Paul Krugman, have laughed off as “not serious,” the “Trillion Dollar Platinum Coin Solution” (TPC). Guess what, they aren’t laughing at this any more. We may not be able to print money but we can mint coins of any denomination. From Paul Krugman:

The peculiar exception is that clause allowing the Treasury to mint platinum coins in any denomination it chooses. Of course this was intended as a way to issue commemorative coins and stuff, not as a fiscal measure; but at least as I understand it, the letter of the law would allow Treasury to stamp out a platinum coin, say it’s worth a trillion dollars, and deposit it at the Fed – thereby avoiding the need to issue debt. [..]

In reality, to pursue the thought further, the coin really would be as much a Federal debt as the T-bills the Fed owns, since eventually Treasury would want to buy it back. So this is all a gimmick – but since the debt ceiling itself is crazy, allowing Congress to tell the president to spend money then tell him that he can’t raise the money he’s supposed to spend, there’s a pretty good case for using whatever gimmicks come to hand.

But there is a solution to preventing a real fiscal crisis and Josh Barrow at Bloomberg has an ingenious solution to both the debt ceiling and the TPC and why we need to “go off the platinum cliff”:

This law was intended to allow the production of commemorative coins for collectors. But it can also be used to create large-denomination coins that Treasury can deposit with the Fed to finance payment of the government’s bills, in lieu of issuing debt.

What the law should say is that the executive branch may borrow to pay whatever obligations the federal government has, but may not print. Unfortunately, when we hit the debt ceiling, the situation will be backwards: The administration will not be allowed to borrow, but it can print in unlimited quantities.

This points toward an interesting solution.

If Republicans start issuing a list of demands that must be met before they will raise the debt ceiling, Obama should simply say that he will issue platinum coins as necessary to pay government bills if he cannot borrow. But, to avoid causing long-term inflation expectations to skyrocket, he should pledge that he will have the Treasury issue enough bonds to buy back all the newly issued currency as soon as it is allowed to do so.

And then he should offer to sign a bill revoking his authority to issue platinum coins — so long as that bill also abolishes the debt ceiling. The executive branch will give up its unwarranted power to print if the legislative branch will give up its unwarranted restriction on borrowing to cover already appropriated obligations.

Here that Barack? Dare them to destroy the face and credit of this country, then flip that coin on the table along with the bill. Wanna bet they’ll bite?

Meanwhile, we need to encourage our weak kneed president to do what Atrios said

“Get out the old phone books,” as Chuck Todd suggests in the video below, if Sen. Jeff Merkley (D-OR) and Sen. Tom Udall (D-NM) are successful in bringing filibuster reform to the Senate. By using Senate rules, Majority Leader Harry Reid (D-NV) recessed the chamber at the end of Thursday’s proceedings to extend the legislative day until later this month. Debate will begin on January 22, two days after the inauguration.

“I think the conversation is going to continue between [Senate Minority Leader Mitch] McConnell [(R-Ky.)] and Harry Reid about this. I think they’re going to see if there’s a way to reach a bipartisan agreement, they’re still talking,” said Senate Democratic Whip Dick Durbin (Ill.).

“We’re going to preserve our rights, we’re going to stay in the first legislative day and deal with the rules when we get back after the inauguration,” said Sen. Tom Udall (D-N.M.), a leading proponent of reform.[..]

Liberals say the Levin-McCain proposal is inadequate because it would not implement their highest-priority reform, the so-called talking filibuster.

Udall and Jeff Merkley (D-Ore), the leading advocates for filibuster reform, say lawmakers who filibuster legislation should be required to actively hold the floor and debate. This would make it more arduous for senators who want to hold up business – they would have to organize teams to hold the floor for days or even weeks on end.

Udall said he would have to be convinced to support the Levin-McCain plan because it would not implement a talking filibuster rule, which he said is “the heart of the matter”

He said Reid may insist on it as part of any overhaul of Senate rules.

“The talking filibuster is still very much on the table,” Udall said.

Real Senate filibuster reform needed

By Frank Knapp, Jr., vice chairman, American Sustainable Business Council Action Fund

Dysfunctional!

Much of this problem lies with the voters rewarding extreme partisanship over cooperative problem solving and Congress making policy decisions that guarantee later stalemates.

However, there is one self-inflicted structural problem in the U.S. Senate that magnifies both these electorate and policy decisions – the filibuster.Except for rare occasions, the Senate is ruled by the minority. With 60 votes needed to end a filibuster that can essentially be “called-in” by the minority, the American public is being deprived both of a truly deliberative body and seeing the consequences of their voting behavior.

There is no transparency or accountability under today’s Senate filibuster rules. Consequently we have had an abusive and undemocratic use of filibusters in recent years at every step in the legislative process. The Senate has become frozen in its ability to address the nation’s problems, especially when it comes to promoting a healthy economy. That is why many business organizations like the American Sustainable Business Council, a national coalition of business organizations that together represent over 150,000 small and medium businesses, strongly supports filibuster reform.

Merkley, Udall Escalate Criticism Of Scaled-Back Filibuster Reform

by Sahil Kapur, TPMLiveWire

Sens. Jeff Merkley (D-OR) and Tom Udall (D-NM) held a briefing with reporters Thursday to make the case for adopting their “talking filibuster” proposal with 51 votes via the constitutional option. [..]

Udall said the Merkley-Udall plan has “good momentum” and said he believes it has the necessary 51 votes to pass under what Republicans call the “nuclear option.” Changing the rules ordinarily requires 67 votes.

On Filibuster Reform, Advocates Claim Momentum

by Ryan Grim and Sabrina Siddiqui, Huffington Post

The Senate postponed debate on reforming the filibuster Thursday, as advocates cited the support of 48 senators for eliminating the silent filibuster using the so-called constitutional option, a measure that requires 50 votes plus that of the vice president. [..]

The main component of the Merkley-Udall approach is the talking filibuster, which still enables the minority to filibuster legislation but would require them to do so by actually standing and speaking on the floor. Additionally, the proposal would also streamline conference committee assignments and nominations, and eliminate the motion to proceed — a motion typically offered by the majority leader to bring up a bill or other measure for consideration.

On this morning’s The Daily Rundown with Chuck Todd, Sen. Merkley appeared to discuss why what he and Sen Udall propose is better filibuster reform and where the negotiations stand.

“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

Paul Krugman: Battles of the Budget

The centrist fantasy of a Grand Bargain on the budget never had a chance. Even if some kind of bargain had supposedly been reached, key players would soon have reneged on the deal – probably the next time a Republican occupied the White House.

For the reality is that our two major political parties are engaged in a fierce struggle over the future shape of American society. Democrats want to preserve the legacy of the New Deal and the Great Society – Social Security, Medicare and Medicaid – and add to them what every other advanced country has: a more or less universal guarantee of essential health care. Republicans want to roll all of that back, making room for drastically lower taxes on the wealthy. Yes, it’s essentially a class war.

The fight over the fiscal cliff was just one battle in that war. It ended, arguably, in a tactical victory for Democrats. The question is whether it was a Pyrrhic victory that set the stage for a larger defeat.

Why do I say that it was a tactical victory? Mainly because of what didn’t happen: There were no benefit cuts.

New York Times Editorial: Misplaced Secrecy on Targeted Killings

For years, President Obama has been stretching executive power to claim that the authorization to use military force against Al Qaeda gives him the unilateral authority to order people killed away from any battlefield without judicial oversight or public accountability – even when the target is an American citizen.

On Wednesday, a federal judge in Manhattan came down on the side of preserving secrecy regarding how this dangerous view of executive power gets exercised. Judge Colleen McMahon refused to require the Justice Department to disclose a memorandum providing the legal justification for the targeted killing of a United States citizen, Anwar al-Awlaki, in a 2011 drone strike in Yemen. [..]

President Obama, who pledged more government transparency in his first campaign and early days in office, should heed those sentiments and order the legal memo released along with other information that would shed light on the government’s legal reasoning and the evidence leading to Mr. Awlaki’s killing.

It is past time he did so.

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.

January 4 is the fourth day of the year in the Gregorian calendar. There are 361 days remaining until the end of the year (362 in leap years).

On this day in 1987, Spanish guitar great Andres Segovia arrives in the United States for his final American tour. He died four months later in Madrid at the age of 94.

Segovia was hailed for bringing the Spanish guitar from relative obscurity to classical status. Born in Spain’s southern region of Andalusia–the original home of the guitar–Segovia studied the piano and cello as a child but soon became captivated with the guitar. Knowing of no advanced teachers of an instrument that was generally banished to the cafes, he taught himself and in 1909 gave his first public performance at the age of 15. To successfully render classical material, Segovia invented countless new techniques for the guitar, and by his first appearance in Paris in 1924, he was a virtuoso. His American debut came four years later in New York City.

The sequel to the the Bush/Obama tax debacle  is the unconstitutional debt ceiling. According to the 14th Amendment, the US has to pay its bills, even if the government has to borrow the money through bond sales. So the debt ceiling is another manufactured “cliff” that was created to curb spending which it didn’t, obviously, or we wounded be having another media side show staring the White House and the Congressional leadership. So get comfy and grab you favorite munchies as we watch the 99% get raked over the coals.

President Obama:

Obama Debt Ceiling Statement: Limit Increase Not Up For Debate After Fiscal Cliff Showdown

from Reuters

“While I will negotiate over many things, I will not have another debate with this Congress about whether or not they should pay the bills they have already racked up,” Obama said in remarks in the White House.

McConnell: Spending fight coming whether Obama ‘wants it or not’

by Alicia M. Cohn, The Hill

Senate Minority Leader Mitch McConnell (R-KY):

President Obama will get a fight over government spending with a hike to the debt limit “whether he wants it or not,” Senate Minority Leader Mitch McConnell (R-Ky.) wrote Thursday.

In an op-ed for Yahoo, McConnell wrote that Republicans would focus on reducing spending in the next Congress, and in conjunction with the debate over raising the $16.4 trillion debt ceiling. Congress will likely need to take action on the debt limit within the next two months.

“The president may not want to have a fight about government spending over the next few months, but it’s the fight he is going to have, because it’s a debate the country needs,” McConnell warned.

Speaker of the House John Boehner (R-OH)

Boehner tells GOP he’s through negotiating one-on-one with Obama

by Russel Berman, The Hill

Speaker John Boehner (R-Ohio) is signaling that at least one thing will change about his leadership during the 113th Congress: he’s telling Republicans he is done with private, one-on-one negotiations with President Obama.

and just to prove that the 113th Congress will bear little difference to the 112th

At noon today, I introduced the first bill of the 113th Congress to repeal Obamacare in its entirety.

— Michele Bachmann (@MicheleBachmann) January 3, 2013

Let the games begin: Thunderdome

Sometimes more reasonable adults need to be in charge.

Flipping Off Police Officers Constitutional, Federal Court Affirms

by Ryan J. Reilly

WASHINGTON — A police officer can’t pull you over and arrest you just because you gave him the finger, a federal appeals court declared Thursday.

In a 14-page opinion, the U.S. Court of Appeals for the 2nd Circuit ruled (pdf) that the “ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity.”

Now if we only had them in schools

Terror Tots III: Maryland Student Suspended For Use Of Finger Gun

by Jonathan Turley

We have previously seen absurd examples of disciplinary actions taken under zero tolerance rules for drugs and guns (here and here and here). This includes cases involving kids using finger guns (here). Now Roscoe R. Nix Elementary School in Montgomery County has joined these ranks by suspending a six-year-old boy for making a finger gun with his hand and saying “Pow.”

OK? Or Overkill?