DOJ Sits On Its Thumbs A Year After Macondo’s Mouth Of Hell Roared

By: bmaz Friday April 22, 2011 5:31 am

Jason Anderson, Aaron Dale Burkeen, Donald Clark, Stephen Curtis, Roy Wyatt Kemp, Karl Kleppinger, Gordon Jones, Blair Manuel, Dewey Revette, Shane Roshto, Adam Weise

These are names you should know. These are the first, and most blatant, victims of the Deepwater Horizon explosion at Macondo. Their actual names do not quickly come to the tongue, nor are they so easy to find. In fact, you know what I had to do to find them? Go through the same process this guy did. And, still, the first link I found them at was his post.

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(N)othing, not diddly squat, has been done. And if the corporate powers that be in this country, and the political puppets who serve them, including Barack Obama, Eric Holder and the currently politicized Department of Justice, have anything to say about it (and they have everything to say about it) nothing significant is going to be done about BP, TransOcean, Halliburton and the Gulf tragedy, or anything related, in the future.

Like the craven and dishonest shell game that has been played by the current administration with regard to torture and destruction of evidence, the US government appears to simply be determined to shine this on with the bare minimum of faux accountability and disingenuous rhetoric to soothe the perturbed masses and maintain status quo with their partners in corporate/political domination of the American populous. That is clearly who they are, and quite apparently who we have become.

So, what could have been the process? Well, that is pretty easily delineated. In fact, I set it out definitively on May 28th of last year. Please refer to the link to the post for a complete list of the factors, nee elements of the crimes, that were already present a year ago. It is startling to realize what was already known then; especially when compounded with what is known now. The only difference today is that we can definitively add the United States government, and the administration of Barack Obama, to the queue of “Criminals in the Gulf“.

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The US government and the Administration/DOJ of Barack Obama is just stringing it out and propping up the status quo and corporate interests such as BP. Seriously, I have been in the criminal law business for two and a half decades, and you literally almost have to fight to not be prosecuting BP for the criminally negligent, if not recklessly indifferent, deaths of the eleven lost souls on Deepwater Horizon.

Like with torture and the financial meltdown, the criminal activity is so obvious you have to consciously want to “look forward” and want to not prosecute in order to not do so. And that is, apparently, just exactly the case with the Obama Administration and the Holder Department of Justice to date. For the better part of a year, DOJ pitched the bogus meme there was a team working diligently on the BP Oil Spill. But that “task force” was led by Tony West and Ignacia Moreno, a couple of talking head tailored suits out of DOJ Main. Knowledgable former EPA criminal investigators pointed out early on, it seemed just for show and, sure enough, very little appears to have resulted from all those months of the DOJ Deepwater Horizon investigation. In fact, the only notable thing which appears to be resulting from the so called “criminal investigation” is that it is being used to shield and hide the real ecological destruction to the Gulf occasioned by the oil spill, such as the inexplicable and tragic dolphin deaths.

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So, what does all this mean for the concept of meaningful and appropriate accountability for BP and the other criminal malefactors in the Gulf Oil Spill? The smart money is on the “nothing good” square. While the DOJ now, all of a sudden, is interested in “streamlining” the case, in actuality it likely is the path being set up for a package deal to resolve everything nice and neat so both BP and the Obama Administration can “look forward”. There are subtle tells as to where the Administration is going. The first tell is the newfound emphasis on “Seamen’s manslaughter”, in that, although it is a felony homicide provision, it only requires a showing of regular negligence, as opposed to gross negligence or recklessness under the traditional criminal homicide provisions.

And this is where the sidelining of the environmental crimes team comes into play. By only dealing in terms of regular negligence, as opposed to gross negligence, on the environmental crimes, the administration can minimize the financial penalties assessed to BP. Under the Clean Water Act, the two factors which determine the size of the financial penalty are the total amount of barrels spilled and whether the spill was the result of ordinary negligence, in which case the strict liability damages are assessed at $1,100 per barrel spilled; or “gross negligence” in which case the fine is as high as $4,300 per barrel spilled.

On the largest oil spill in history, having to pay the severely higher damages under gross negligence would be a serious blow to BP. But BP’s own disclosures reveal they are quite certain that will not occur, and there is every indication the Obama Administration intends to see it does not impose such a “hardship” on its favorite partner for military fuel purposes. Not to mention that Barack Obama is again in full campaign fundraising mode and BP is one of his biggest corporate sponsors.

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BP itself, on the other hand, looks set up to be escorted through the process by the Administration and DOJ mostly unscathed. That is what the government does for its valued corporate partners. In fact, far from being penalized and/or debarred from federal contracting as it should be, as Jason Leopold reported Wednesday, BP is being given sweetheart no-bid contracts by the Administration.

Maybe a rackets prosecutor is the right guy after all, because this is quite a racket being run between the US government and BP. A year after Macondo the Mouth of Hell roared, and it is business as usual. Who could have predicted?

Tiny Fish Spur Widening Worry

Japan Discovers High Radiation Levels in One Species, Stoking Environmental and Safety Concerns

By JURO OSAWA and YOREE KOH in Tokyo and DAISUKE WAKABAYASHI in Kesennuma, Japan, The Wall Street Journal

APRIL 6, 2011

Officials from Tepco and the agency have said repeatedly that the level of radiation that has seeped into the sea over the past two weeks-while measured at highly elevated levels right near the plant-posed no major immediate threat to humans or to the environment, because the water disperses quickly into the vast ocean. But the contaminated fish were caught about 50 miles south of the reactors, well beyond the 12.5-mile evacuation perimeter.

One sample of konago caught Friday contained twice the permissible level of radioactive iodine-131, which has a half-life of eight days and which can accumulate in the thyroid in humans, possibly raising the risk of thyroid cancer. The other konago sample, caught Monday, had just over the permissible limit for cesium, an element with an uncertain impact on human health. Three different types of cesium were discovered, one of which has a half-life of 30 years.

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The reports of contaminated fish have followed reports of tainted produce including spinach and broccoli, as well as raw milk, in Fukushima prefecture and other areas close to the reactors. The reports of contaminated seafood are potentially more worrisome, because the contaminated seawater, and the fish, move in uncontrollable and untraceable paths.

Gaius Publius’ account of Michigan State Police downloading the entire contents of your cell phone didn’t exactly escape my attention, but was hardly the focus of my earlier piece (which is that it can happen at all and is happening right now).

Police in Michigan have been, apparently illegally, snooping through the mobile phones of anyone they wish at traffic stops. (Yes, traffic stops.) They have a high-tech snooping device that can download everything in 1.5 minutes, including hidden files. The device can also reportedly defeat password-protection.

There have been subsequent developments.

Sen. Franken calls for investigation of Apple iPhone spying

by Gaius Publius on 4/21/2011 05:49:00 PM

Not all that breathlessly noteworthy in my opinion, what would you expect Al to say (unless he has the common Hollywood Apple blindness)?

On the other hand there are some potentially interesting aspects to this-

MI State Police: We have nothing to hide, that is why we have been stonewalling ACLU for 3 years

by John Aravosis (DC) on 4/21/2011 07:30:00 PM

(T)here are reports that the Michigan State Police are downloading the entire cell phone contents, included deleted records (such as text messages and emails), of people stopped for simply traffic violations. The ACLU, three years ago, filed a FOIA request to determine exactly what the Michigan State Police were up to. The State Police stonewalled, for three years. Now because the news has gone national, suddenly they’re talking, and sent Gaius a statement, published below. But they still haven’t complied with the ACLU’s FOIA request, which would prove whether the Police are violating people’s privacy or not.

Well worth a read.

Evening Edition is an Open Thread

1 New Haiti president calls for ‘collaboration’

by Andrew Gully, AFP

1 hr 56 mins ago

Full Lyrics

(h/t emptywheel)

I am not a prophet, but sometimes I have prophetic dreams, like the one where I was at a garden party.

Excuse me. Everyone, I have a brief announcement to make. Jesus was black, Ronald Reagan was the Devil, and the government is lying about 9/11. Thank you for your time and good night.

Mmm-hmm! You were havin’ that dream where you made the white people riot, weren’t you?

But I was telling the truth!

How many times have I told you, you better not even dream about tellin’ white folk the truth! You understand me? Shoot! Makin’ White people riot! You better learn how to lie like me! I’m gonna find me a white man and lie to him right now!

McClatchy Points Out Key FBI Failure in Amerithrax Investigation

By: Jim White Thursday April 21, 2011 5:58 am

In an article published Wednesday evening on their website, McClatchy points out yet another failing in the FBI’s Amerithrax investigation of the 2001 anthrax attacks that killed five people. The article focuses on the fact that the FBI was able to get a clear genetic fingerprint of a bacterial contaminant that was found in the attack material mailed to the New York Post and to Tom Brokaw (but not to either Senator Daschle or Senator Leahy). This contaminant, Bacillus subtilis, is used in some cases by weapons laboratories as an anthrax simulant, because its behavior in culture and in drying the spores is very similar to Bacillus anthracis but it is easier to handle because it is not pathogenic.  I covered the FBI’s failure to link this B. subtilis contaminant to Ivins in this diary in February of 2010.

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Buried in the McClatchy article is an admission from a source close to the investigation that seems to shed some light on why the FBI continues to insist that Ivins was the sole attacker, even going so far as to concoct an after-the-fact “forensic psychiatric profile” in an effort to bolster their case:

“If they ever had any doubts, once he committed suicide, they had to unite,” this person said. “Otherwise, you’ve driven an innocent man to suicide. And that’s a terrible thing.”

Yes, driving a man to suicide is a terrible thing. But is it any less terrible to continue to insist on the guilt of a man who cannot conclusively be proven to have carried out these horrendous attacks ten years ago?

The Management Myth

By Matthew Stewart, The Atlantic

June, 2006

After I left the consulting business, in a reversal of the usual order of things, I decided to check out the management literature. Partly, I wanted to “process” my own experience and find out what I had missed in skipping business school. Partly, I had a lot of time on my hands. As I plowed through tomes on competitive strategy, business process re-engineering, and the like, not once did I catch myself thinking, Damn! If only I had known this sooner! Instead, I found myself thinking things I never thought I’d think, like, I’d rather be reading Heidegger! It was a disturbing experience. It thickened the mystery around the question that had nagged me from the start of my business career: Why does management education exist?

Management theory came to life in 1899 with a simple question: “How many tons of pig iron bars can a worker load onto a rail car in the course of a working day?” The man behind this question was Frederick Winslow Taylor, the author of The Principles of Scientific Management and, by most accounts, the founding father of the whole management business.

Taylor was forty-three years old and on contract with the Bethlehem Steel Company when the pig iron question hit him. Staring out over an industrial yard that covered several square miles of the Pennsylvania landscape, he watched as laborers loaded ninety-two-pound bars onto rail cars. There were 80,000 tons’ worth of iron bars, which were to be carted off as fast as possible to meet new demand sparked by the Spanish-American War. Taylor narrowed his eyes: there was waste there, he was certain. After hastily reviewing the books at company headquarters, he estimated that the men were currently loading iron at the rate of twelve and a half tons per man per day.

Taylor stormed down to the yard with his assistants (“college men,” he called them) and rounded up a group of top-notch lifters (“first-class men”), who in this case happened to be ten “large, powerful Hungarians.” He offered to double the workers’ wages in exchange for their participation in an experiment. The Hungarians, eager to impress their apparent benefactor, put on a spirited show. Huffing up and down the rail car ramps, they loaded sixteen and a half tons in something under fourteen minutes. Taylor did the math: over a ten-hour day, it worked out to seventy-five tons per day per man. Naturally, he had to allow time for bathroom breaks, lunch, and rest periods, so he adjusted the figure approximately 40 percent downward. Henceforth, each laborer in the yard was assigned to load forty-seven and a half pig tons per day, with bonus pay for reaching the target and penalties for failing.

When the Hungarians realized that they were being asked to quadruple their previous daily workload, they howled and refused to work. So Taylor found a “high-priced man,” a lean Pennsylvania Dutchman whose intelligence he compared to that of an ox. Lured by the promise of a 60 percent increase in wages, from $1.15 to a whopping $1.85 a day, Taylor’s high-priced man loaded forty-five and three-quarters tons over the course of a grueling day-close enough, in Taylor’s mind, to count as the first victory for the methods of modern management.

Of course, at the end of the song John Henry dies (h/t Avedon @ Eschaton).

Obama to supporters: I understand your frustration

By JULIE PACE, Associated Press

Thu Apr 21, 6:27 am ET

SAN FRANCISCO – Easing into his 2012 campaign, President Barack Obama is telling his supporters he understands their frustration over the compromises he’s made with Republicans, while preparing them for more to come.

It’s a timely warning given the upcoming vote on raising the debt ceiling and the ongoing debate over long-term deficit reduction, both issues Obama says can only be solved if Republicans and Democrats work together. But further compromises could prove a tough pill to swallow for many of Obama’s liberal backers, who have grown tired of watching the president cede ground to the GOP on spending cuts and tax breaks for the wealthy.

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Obama senior adviser David Plouffe offered a more sobering political forecast to the hundreds of young supporters gathered for the nighttime rally.

“This is going to be a close campaign,” Plouffe said. “The one thing we better assume is that it’s going to be closer than the last one.”

No shit Sherlock.