Tag: Barack Obama

Obama Defends Murder by Drone

In a recent interview with CNN’s Jessica Yellin, President Barack Obama candidly discussed his Drone War policies.

Noah Shachtman at the Wired‘s Danger Room labels the President’s comments “total baloney

As the Bureau of Investigative Journalism notes, Obama told CNN that a terror suspect had to pass five tests before the administration would allow him to be taken out by a drone. “Drones are one tool that we use, and our criteria for using them is very tight and very strict,” the president said.

   1 “It has to be a target that is authorised by our laws.”

   2 “It has to be a threat that is serious and not speculative.”

   3 “It has to be a situation in which we can’t capture the individual before they move forward on some sort of operational plot against the United States.”

   4 “We’ve got to make sure that in whatever operations we conduct, we are very careful about avoiding civilian casualties.”

   5 “That while there is a legal justification for us to try and stop [American citizens] from carrying out plots … they are subject to the protections of the Constitution and due process.”

At least two of those five points appear to be half-truths at best. In both Yemen and Pakistan, the CIA is allowed to launch a strike based on the target’s “signature” – that is, whether he appears to look and act like a terrorist. [..]

“What I found most striking was his claim that legitimate targets are a ‘threat that is serious and not speculative,’ and engaged in ‘some operational plot against the United States,’ That is simply not true,” emails the Council on Foreign Relations’ Micah Zenko, who has tracked the drone war as closely as any outside analyst. “The claim that the 3,000+ people killed in roughly 375 nonbattlefield targeted killings were all engaged in actual operational plots against the U.S. defies any understanding of the scope of what America has been doing for the past ten years.

A third point – that an American citizen is given the “protections of the Constitution” before he’s approved for unmanned killing – is dubious. [..] This is an internal review by presidential aides, not subject to any kind of independent authority, and obviously not one in which a target’s representatives can contest the case. It’s enough to condemn someone to death. The Obama administration has argued that this is the same as the “due process of law” guaranteed in the Bill of Rights.

Legal scholars have found the argument flimsy – with no coherent standard of evidence that amounts to an instant death sentence, and no limits to where that sentence can be carried out. [..]

When Yellin pressed further, asking Obama if he himself made the ultimate decisions about who should live and who should die, Obama demurred, saying, “I’ve got to be careful here. There are classified issues… I can’t get too deeply into how these things work.”

But, as Zenko notes, “that is total BS. The President has the authority to declassify anything. [..]

Over at emptywheel, Marcy Wheeler makes this critique:

But I’d like to push further on his comments about Obama’s claims to give Anwar al-Awlaki and Samir Khan (to say nothing of Abdulrahman al-Awlaki) due process by pointing to the way he ends this bit:

   Our most powerful tool over the long term to reduce the terrorist threat is to live up to our values and to be able to shape public opinion not just here but around the world that senseless violence is not a way to resolve political differences. And so it’s very important for the President and for the entire culture of our national security team to continually ask tough questions about, are we doing the right thing? Are we abiding by rule of law? Are we abiding by due process? And then set up structures and institutional checks so that you avoid any kind of slippery slope into a place where we’re not being true to who we are.

Having started by saying that drones are just a tool, he ends up by saying that we will vanquish terrorism by upholding our values-rule of law and due process.

And then the Constitution Professor President describes “set[ting] up structures and institutional checks” to make sure that we deliver rule of law and due process.

This, from the guy whose Administration refused to litigate a suit from Anwar al-Awlaki’s father to make sure it was upholding the standards Obama claimed in this interview in Awlaki’s case.

This, from the guy whose Administration has claimed state secrets to make sure no court can review the claims of people who have been rendered or tortured or illegally wiretapped.

This, from the guy who wouldn’t do the politically difficult things to have Khalid Sheikh Mohammed tried-and surely, convicted-before a civilian court in NYC.

Pres. Obama defies all logic by refusing to use the rule of law and, the best tool the US has to keep this country safe from terrorist attacks, the courts.

New Evidence of More Torture by the US

While everyone was watching the hoopla in Charlotte and the Super Bowl champion Giants lose to the comeback Cowboys, Human Rights Watch released a report “Delivered into Enemy Hands: US-Led Abuse and Rendition of Opponents to Gaddafi’s Libya,” that revealed new allegations of rendition, torture and deaths of prisoners in the custody of the CIA.

A new report by the nonprofit group Human Rights Watch, based on documents and interviews in Libya after the fall of its dictator, Col. Muammar el-Qaddafi, includes a detailed description of what appears to be a previously unknown instance of waterboarding by the C.I.A. in Afghanistan nine years ago. [..]

The investigation by Human Rights Watch had its origins in a trove of documents related to detainees transferred to Colonel Qaddafi’s prisons, including several by the United States. The papers became available last year as a result of the uprising against the Libyan leader, which was supported by the United States and other NATO allies.

Researchers used the names on the files as part of their broader efforts to track down former prisoners transferred to Libyan custody and interview them, opening an unusual window into American detention, interrogation and rendition operations nearly a decade ago. Many of the former detainees are now living freely in Libya, and some are active in politics or have positions in the new government.

The 156-page report, “Delivered Into Enemy Hands: U.S.-led Abuse and Rendition of Opponents to Gaddafi’s Libya,” written by Laura Pitter, recounts interviews with 14 Libyans who it says are former detainees who were sent back to Libya around 2004, after Colonel Qaddafi agreed to renounce his nuclear ambitions and help fight Islamist terrorism. At least five, Ms. Pitter writes, had been held by the C.I.A. in Afghanistan before their rendition.

As reported in the New York Times article, the report focused on the ordeal of Mohammed Shoroeiya, who was reportedly detained in Pakistan in April 2003 and held in American custody in Afghanistan before being transferred to Libya. Spencer Ackerman of Wired gives the graphic details:

Photobucket

A drawing by a Libyan of a 1- by 1-meter box into which he says he was placed during his harsh interrogation by the U.S. in Afghanistan. Image: Human Rights Watch

Click on image to enlarge.

This is a drawing of a locked box which a Libyan man says U.S. interrogators once stuffed him into. It’s said to be about three feet long on each side. Only once during his two years in detention was the detainee put in the box; his confinement there lasted over an hour. The circles are small holes, into which his interrogators “prodded him with long thin objects.”

It wasn’t the only box that the CIA allegedly placed him inside. Another was a tall, narrow box, less than two feet wide, with handcuffs at the top. The detainee, Mohammed Ahmed Mohammed al-Shoroeiya, says he was placed into that one with his hands elevated and suspended by the handcuffs, for a day and a half, naked, with music blasting into his ears constantly through speakers built into the box. A different detainee describes being placed into a similar box for three days and being left with no choice but to urinate and defecate on himself.

Getting shoved into those boxes was only the start of Shoroeiya’s woes. The CIA would later deliver him and at least four others into the hands of the Libyan dictator Moammar Gadhafi, who further brutalized them for opposing his regime. Accordingly, a new Human Rights Watch report telling the stories of those detainees strips away a euphemism in the war on terrorism: how the CIA says it holds its nose and “works with” unsavory regimes. “It can’t come as a surprise that the Central Intelligence Agency works with foreign governments to help protect our country from terrorism and other deadly threats,” spokeswoman Jennifer Youngblood told the Wall Street Journal. What may indeed come as a surprise is what that actually means in practice, as recounted by at least five Libyan ex-detainees Human Rights Watch interviewed.

Media reports on Thursday morning understandably focused on what Human Rights Watch called “credible allegations” of waterboarding by CIA officials, since the U.S. has only ever acknowledged waterboarding three detainees. But what Human Rights Watch has uncovered in Libya tells a broader story. It’s a story about how repressive governments used the war on terrorism to get the U.S. to deliver their political opponents to their custody. It was as easy as calling them terrorists – which was enough for the U.S. to play along.

Writing for The Dissenter at FDL, Jeffrey Kaye aka Valtin, a psychologist active in the anti-torture movement, writes:

Perhaps the most explosive new information in the report concerns charges by one of the prisoners that he was waterboarded. US authorities have long maintained that only three CIA-held prisoners were ever waterboarded, and the Department of Defense maintains it never waterboarded prisoners in DoD custody. [..]

Khalid al-Sharif, who was another LIFG leader captured at the same time as Shoroeiya, told HRW that he also was subjected to water torture while in U.S. custody. Today, Sharif is head of the Libyan National Guard. [..]

The UN Convention Against Torture, to which the U.S. is a signatory, states, “No State Party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.”

Sharif has said the Libyans placed him in “extreme isolation.” Shoroeiya said initially the Libyans told him he would not be maltreated because they had made assurances to U.S. authorities as to his safety as part of his transfer. Nevertheless, after six months, the Libyans began to torture Shoroeiya, including both “long periods of solitary confinement” and beatings by guards, who used “sticks, steel pipes, and electrical cables that were used as a whip” to bloody the prisoner.

U.S. Water Torture of Teen

The new revelations concerning waterboarding and waterboarding-like torture of detainees comes a year after a two-part series at Truthout in August 2011 which revealed that, despite denials by former Secretary of Defense Donald Rumsfeld and other DoD authorities, waterboarding-like torture was used in DoD facilities, including Guantanamo.

While the HRW report is certain to get wide U.S. coverage, the recent release of documents related to the incarceration of Omar Khadr, a long-term Guantanamo detainee who was brought to that prison as a 15-year-old teenager, has so far not gained much attention.

In one of the documents published August 31 by Macleans Canada, US Army psychiatrist, Brigadier General (retired) Stephen Xenakis, wrote to Canada’s Minister of Public Safety Vic Toews last February, describing his psychiatric evaluation of Khadr, based on hundreds of hours of meetings with the former child prisoner.

The HRW report, which was released after US Attorney General Eric Holder announced the end of the investigation of torture allegations without charges, makes these recommendations:

To the United States Government

   

  • Consistent with obligations under the Convention against Torture, investigate credible allegations of torture and ill-treatment since September 11, 2001 and implement a system of compensation to ensure all victims can obtain redress.
  • Acknowledge past abuses and provide a full accounting of every person that the CIA has held in its custody pursuant to its counterterrorism authority since 2001, including names, dates they left US custody, locations to which they were transferred, and their last known whereabouts.
  • Ensure that any person subject to rendition abroad has the right, prior to transfer, to challenge its legality before an independent tribunal, including any diplomatic assurances made; to legal counsel; and to appeal a transfer before it is carried out.
  • Prohibit reliance upon diplomatic assurances against torture and ill-treatment (and make public the procedures used to ensure compliance) if there is any credible evidence the person subject to transfer faces a risk of torture or other ill-treatment.
  • Include in required periodic reports to the Committee against Torture, the Human Rights Committee, and other relevant international and regional monitoring bodies detailed information about all cases in which requests for diplomatic assurances against the risk of torture or other ill-treatment have been sought or secured in respect to a person subject to transfer.

To the President of the United States

   

  • Direct the attorney general to begin a criminal investigation into US government detention practices and interrogation methods since September 11, 2001, including the CIA detention program. The investigation should examine the role of US officials, no matter their position or rank, who participated in, authorized, ordered, or had command responsibility for torture or ill-treatment and other unlawful detention practices, including enforced disappearance and rendition to torture or other ill-treatment.
  • Make publicly available the August 2009 report of the Special Task Force on Interrogation and Transfers (an inter-agency task force set up by the Obama administration in January 2009).

To the US Congress

   

  • Create an independent, nonpartisan commission to investigate the mistreatment of detainees in US custody anywhere in the world since September 11, 2001, including torture, enforced disappearance, and rendition to torture. Such a commission should hold hearings, have full subpoena power, compel the production of evidence, and be empowered to recommend the creation of a special prosecutor to investigate possible criminal offenses, if the attorney general has not commenced such an investigation.

Obama Will Not Prosecute Torture

We know that the Obama administration was determined to never prosecute any of the main architects of the Bush regime torture program, or close Guantanamo. Last week while everyone was focused on the Republican Party Convention in Tampa, the Department of Justice announced that it is formally ending its investigation of the CIA’s “enhanced interrogation” program with out bringing criminal charges:

Attorney General Eric H. Holder Jr. announced Thursday that no one would be prosecuted for the deaths of a prisoner in Afghanistan in 2002 and another in Iraq in 2003, eliminating the last possibility that any criminal charges will be brought as a result of the brutal interrogations carried out by the C.I.A.

Mr. Holder had already ruled out any charges related to the use of waterboarding and other methods that most human rights experts consider to be torture. His announcement closes a contentious three-year investigation by the Justice Department and brings to an end years of dispute over whether line intelligence or military personnel or their superiors would be held accountable for the abuse of prisoners in the aftermath of the terrorist attacks of Sept. 11, 2001.

Mr. Holder had stated that the DOJ would not charge any of the interrogators if they had acted strictly in accordance with the department’s legal advice. Thus giving legitimacy to the “we were just following orders” defense that was rejected when used by German war criminals at Nuremberg. Mr. Holder just thumbed his nose at established international law, as well.

The lame excuse that there is a lack of solid evidence is just ludicrous, as David Dayen wrote in his article at FDL News Desk:

This was the investigation headed by John Durham, the federal prosecutor selected in August 2009 to look into charges of torture in CIA interrogations during the Bush Administration. We know plenty about those charges. The Justice Department released a previously classified document around the same time that they named Durham to lead the investigation, detailing the methods they used to interrogate suspects, including plenty of metMr. Obamahods that a plain reading would consider to be torture. This included waterboarding, stress positions, mock executions, threatening with handguns and power drills, vowing to kill or rape members of a detainee’s family, and inducing vomiting. [..]

In July 2010, federal judge and former Bush-era Justice Department official Jay Bybee, who wrote many of the Administration’s guidelines on interrogation, admitted to a House committee that CIA personnel never asked for approval for many of the interrogation techniques they used, that they went further than the prescribed guidelines from him, and that the ones he did prescribe were used excessively. Even if you believe that Bybee’s techniques were legal and did not violate federal and international conventions against torture, his testimony revealed clearly that CIA interrogators broke the law. Despite this prima facie evidence of unauthorized interrogation, the investigation went nowhere.

From the very start of his administration Pres. Obama and his officials have shielded the Bush torturers from all accountability, despite his campaign promise to have his Justice Department thoroughly investigate any charge of torture because no one is above the law. Then, even before he was inaugurated Mr. Obama declared that he was apposed to any of these investigations declaring  “we must look forward, not backward.”

Glenn Greenwald writing for The Guardian, reviews the timeline of decisions that has lead to a whitewash of the “war on terror crimes.”

Throughout the first several months of his presidency, his top political aides, such as the chief of staff, Rahm Emanuel and his press secretary, Robert Gibbs, publicly – and inappropriately – pressured the justice department to refrain from any criminal investigations. Over and over, they repeated the Orwellian mantra that such investigations were objectionable because “we must look forward, not backward“. As Gibbs put it in April 2009, when asked to explain Obama’s opposition, “the president is focused on looking forward. That’s why.

On 16 April 2009, Obama himself took the first step in formalizing the full-scale immunity he intended to bestow on all government officials involved even in the most heinous and lethal torture. On that date, he decreed absolute immunity for any official involved in torture provided that it comported with the permission slips produced by Bush department of justice (DOJ) lawyers which authorized certain techniques. “This is a time for reflection, not retribution,” the new president so movingly observed in his statement announcing this immunity. Obama added:

   “[N]othing will be gained by spending our time and energy laying blame for the past … we must resist the forces that divide us, and instead come together on behalf of our common future.” [..]

(I)n August 2009, Holder announced a formal investigation to determine whether criminal charges should be brought in over 100 cases of severe detainee abuse involving “off-the-books methods” such as “mock execution and threatening a prisoner with a gun and a power drill”, as well as threats that “prisoners (would be) made to witness the sexual abuse of their relatives.” But less than two years later, on 30 June 2011, Holder announced that of the more than 100 cases the justice department had reviewed, there would be no charges brought in any of them – except two.

Glenn goes on to discuss the evidence in those two brutal cases that the justice department has now closed without charges and how the Obama administration even shut down investigations by Spain and Germany:

Moreover, Obama’s top officials, as WikiLeaks cables revealed, secretly worked with GOP operatives to coerce other countries, such as Spain and Germany, to quash their investigations into the US torture of their citizens, and issued extraordinary threats to prevent British courts from disclosing any of what was done. And probably worst of all, the Obama administration aggressively shielded Bush officials even from being held accountable in civil cases brought by torture victims, by invoking radical secrecy powers and immunity doctrines to prevent courts even from hearing those claims.

Meanwhile, the Obama administration has prosecuted whistleblowers with a vigor that has surpassed all other presidents. In the NY Times article, Mr Holder noted one case in his announcement:

While no one has been prosecuted for the harsh interrogations, a former C.I.A. officer who helped hunt members of Al Qaeda in Pakistan and later spoke publicly about waterboarding, John C. Kiriakou, is awaiting trial on criminal charges that he disclosed to journalists the identity of other C.I.A. officers who participated in the interrogations.

Glenn appeared on Democracy Now with host Amy Goodman to discuss Mr. Holder’s announcement. During the seven minute interview they also discussed Clint Eastwood’s conversation with an empty chair at the RNC Convention,

Mr. Holder covers up the evidence, allows the real criminals to walk, instead prosecuting those who spoke out about the crimes.

Is this the change we are suppose to believe in and vote to reelect?  

Definition of Insanity: Obama

 In an interview with AP reporter Ben Feller, President Obama gave his “vision” of how his second term would be different. If he really believes that this will happen, he has a big problem with the reality of what has gone on for the last three and a half years:

“Obama also offered a glimpse of how he would govern in a second term of divided government, insisting rosily that the forces of the election would help break Washington’s stalemate. He said he would be willing to make a range of compromises with Republicans, confident there are some who would rather make deals than remain part of “one of the least productive Congresses in American history.”  [..]

Obama’s view of a different second-term dynamic in Washington, even if both he and House Republicans retain power, seems a stretch given the stalemated politics of a divided government. He said two changes – the facts that “the American people will have voted,” and that Republicans will no longer need to be focused on beating him – could lead to better conditions for deal-making.

If Republicans are willing, Obama said, “I’m prepared to make a whole range of compromises” that could even rankle his own party. But he did not get specific.”

Pres. Obama doesn’t need to “get specific” because we all know it would mean implementing the “Grand Bargain” that would destroy the social safety nets and making the Bush tax cuts permanent. He has already told the New York Times that he’s frustrated that he and the Democrats have not gotten credit for their willingness to accept cuts in Medicare and Social Security.

Transcript of the entire interview is here. h/t David Dayen at FDL News Desk

The problem here is 99% of Americans are getting screwed by Obama’s insane fetish with bipartisanship that hasn’t worked. Obama has been the best thing to happen to the Republican Party since Ronald Reagan.

“Foaming the Runway for the Banks”

Disregard all cheery news you hear from the MSM that the housing crisis is over and housing prices are stable and on the rise. It’s not over. We are still bailing out the banks over the troubled homeowner.

“The evidence is overwhelming: home prices are anything but stable.”

Michael Olenick: Still Looking for a Housing Bottom

Two trends are apparent. One is that banks are delaying foreclosures, or not foreclosing at all despite long-term delinquencies. The other is that private equity firms – flush with cash thanks to Tim Geithner’s religious devotion to trickle-down economics and the resulting cascade of corporate welfare – have been bidding up and holding foreclosed houses off the market. These two factors have artificially limited supply and, combined with cheap mortgages rates, driven up prices. While we can debate whether these strategies represent the best public policy, these policies are obviously not long-term sustainable. [..]

Holding back inventory means that the houses that are put on offer sell faster and at higher prices. That creates an incentive to delay foreclosures or not foreclose at all even when a home is delinquent. Though this seems obvious, the mainstream housing finance community – aided by a freelance “housing analyst,” – uses the faster figures to somehow prove banks are not holding houses. [..]

Besides lower foreclosure activity, the government is going all out to give away houses to private equity firms. Recently Fannie Mae sold 275 properties across metro Phoenix in one sale to a mystery buyer, according to a report by Catherine Reagor of the Arizon Republic. [..]

Anybody who has been a landlord seems to quickly tire of it so, assuming there isn’t a pending planned mass immigration to Phoenix, these investors will eventually want to cash out by selling these houses. Further, they will want to minimize maintenance expenses while they are renting out these houses, so the eventual sale of these houses will increase supply and prolong the housing crisis. Geithner’s policy of shaking down Main Street to help Wall Street continues to hurt your street. [..]

Taking account of the delayed foreclosures and the beginning of mass purchases of houses would mean there should be a surge in home prices, but we’re still seeing little movement in many areas. This is especially puzzling given how inexpensive mortgage are. [..]

Of course, this assumes that people can get mortgages for these houses, though many can’t. Young people especially are hopelessly in debt thanks to out-of-control tuition hikes predictably caused by equally out-of-control student loan policies. [..]

Thanks to low lower foreclosures, real-estate speculators buying in bulk, and low interest rates there is enough direct and anecdotal evidence to suggest that we may be seeing a real-estate recovery on paper. Further, these policies are clearly calibrated to bring about a bubble, despite that bubbles are difficult to control and are not, by definition, sustainable: they always eventually pop. Let’s at least hope that when this bubble bursts the new Wall Street bulk buyers are treated with the same ruthless “free market” vigor that the prior owners of these houses were treated with after the last bubble burst. However, I doubt the mystery Asian money buyer, that Fannie sold Phoenix to, will ever be subject to something like the rocket docket.

Washington’s Blog goes down the list of evidence that “the government’s “Homeowner Relief” Programs are disguised bank bailouts … not even AIMED at helping homeowners. It’s a fascinating piece with all the links to this sham.

Former special inspector general overseeing TARP Neil Barofsky (@neilbarofsky) joined Up w/ Chris Hayes to talk about his book “Bailout: An Inside Account of How Washington Abandoned Main Street While Rescuing Wall Street.” Along with panel guests Heather McGhee (@hmcghee), vice president of policy and research at the progressive think tank Demos; Josh Barro (@jbarro), who writes “The Ticker” for Bloomberg View; Michelle Goldberg (@michelleinbklyn), senior contributing writer for Newsweek/Daily Beast; and Up host Chris Hayes (@chrislhayes), Barofsky shares his thoughts on the failure of TARP and the housing crisis.

Criminal Dissent

Earlier this year Pulitzer prize winning author, Chris Hedges and several other prominent activists and politicians filed a lawsuit against the Obama administration  over Section 1021 of the National Defense Authorization Act (NDAA) alleging that it violated free speech and associational rights guaranteed by the First Amendment and due process rights guaranteed by the Fifth Amendment of the United States Constitution. The Obama DOJ argued that the group had no standing to bring the suit since they had been harmed. Federal Judge  Katherine Forrest of the Southern District of New York saw it differently in her ruling (pdf)on May 16 when she issued a preliminary injunction enjoining enforcement of the highly controversial indefinite provisions of NDAA, Sections 1021 and 1022. The final hearings were held last week on whether the injunction enjoining enforcement of 1021 will be permanent.

From Chris Hedges on Criminalizing Dissent:

[..] Any activist or dissident, whose rights were once protected under the First Amendment, can be threatened under this law with indefinite incarceration in military prisons, including our offshore penal colonies. The very name of the law itself-the Homeland Battlefield Bill-suggests the totalitarian credo of endless war waged against enemies within “the homeland” as well as those abroad. [..]

Barack Obama’s administration has appealed Judge Forrest’s temporary injunction and would certainly appeal a permanent injunction. It is a stunning admission by this president that he will do nothing to protect our constitutional rights. The administration’s added failure to restore habeas corpus, its use of the Espionage Act six times to silence government whistle-blowers, its support of the FISA Amendment Act-which permits warrantless wiretapping, monitoring and eavesdropping on U.S. citizens-and its ordering of the assassination of U.S. citizens under the 2001 Authorization to Use Military Force, or AUMF, is a signal that for all his rhetoric, Obama, like his Republican rivals, is determined to remove every impediment to the unchecked power of the security and surveillance state. [..]

The language of the bill is terrifyingly vague. It defines a “covered person”-one subject to detention-as “a person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.” The bill, however, does not define the terms “substantially supported,” “directly supported” or “associated forces.” In defiance of more than 200 earlier laws of domestic policing, this act holds that any member of a group deemed by the state to be a terrorist organization, whether it is a Palestinian charity or a Black Bloc anarchist unit, can be seized and held by the military. Mayer stressed this point in the court Wednesday when he cited the sedition convictions of peace activists during World War I who distributed leaflets calling to end the war by halting the manufacturing of munitions. Mayer quoted Justice Oliver Wendell Holmes’ dissenting 1919 opinion. We need to “be eternally vigilant against attempts to check the expression of opinions that we loathe,” the justice wrote. [..]

The Justice Department’s definition of a potential terrorism suspect under the Patriot Act is already extremely broad. It includes anyone with missing fingers, someone who has weatherproof ammunition and guns, and anyone who has hoarded more than seven days of food. [..]

Contrast this crucial debate in a federal court with the empty campaign rhetoric and chatter that saturate the airwaves. The cant of our political theater, the ridiculous obsessions over vice presidential picks or celebrity gossip that dominate the news industry, effectively masks the march toward corporate totalitarianism. The corporate state has convinced the masses, in essence, to clamor for their own enslavement. There is, in reality, no daylight between Mitt Romney and Obama about the inner workings of the corporate state. They each support this section within the NDAA and the widespread extinguishing of civil liberties. They each will continue to funnel hundreds of billions of wasted dollars to defense contractors, intelligence agencies and the military. They each intend to let Wall Street loot the U.S. Treasury with impunity. Neither will lift a finger to help the long-term unemployed and underemployed, those losing their homes to foreclosures or bank repossessions, those filing for bankruptcy because of medical bills or college students burdened by crippling debt. Listen to the anguished cries of partisans on either side of the election divide and you would think this was a battle between the forces of light and the forces of darkness. You would think voting in the rigged political theater of the corporate state actually makes a difference. The charade of junk politics is there not to offer a choice but to divert the crowd while our corporate masters move relentlessly forward, unimpeded by either party, to turn all dissent into a crime.

Not that there is any solace in the argument of voting for Obama to protect the Supreme Court from more corporatist right wing appointments, when Pres. Obama has his good friend and mentor Cass Sunstein waiting in the wings, salivating to further gut and criminalize dissent.

But thank you, Judge Forrest.

No Good Choices For Social Safety Nets

Since Saturday’s announcement of the right wing darling Rep. Paul Ryan (R-WI) as Gov. Mitt Romney’s choice for his Vice President, the number one concern has been Ryan’s budget that would end Medicare as we know it, end federal funding of Medicaid and privatize Social Security. Those proposals are unacceptable for the majority of voters. But voting to reelect Barack Obama won’t protect those programs either. Pres. Obama and the Democrats have agreed to cuts and changes to those programs that are equally unacceptable. Mr. Obama has even lamented that he has not been given “enough credit for their willingness to accept cuts in Medicare and Social Security.” Even more worrisome is the person whose name has been bandied about as Treasury Secretary Timothy Geithner’s replacement, none other than the co-chair of the infamous Cat Food Commission, Erskine Bowles. Ezra Klein, Beltway insider and Washington Post political analyst, is betting on Mr. Bowles appointment if Pres. Obama is reelected:

For the Obama administration, Bowles has a number of qualifications. For one thing, Republicans adore him. Ryan has called him “my favorite Democrat.” Appointing Bowles to be Treasury Secretary would ensure a smooth confirmation, and it would be interpreted as a sign of goodwill and “seriousness” both by Republicans and by the media. Coming after a bitterly partisan election and at the outset of a hugely consequential series of negotiations, that could have real appeal to the White House.

One reservation you often hear when playing the “who will be the next Treasury Secretary” guessing game is, “but they have no market experience.” For better or worse, it’s considered crucial that the Treasury Secretary understand, and be capable of working with, markets. Bowles was an investment banker before he entered politics, and he currently serves on the board of directors for both Morgan Stanley and GE. He’s also personally beloved by Wall Street, where “Simpson-Bowles” has deep and fervent supporters, including many who have no real idea what’s in it. Appointing Bowles would be a signal to them that Washington is getting serious. [..]

There are downsides to Bowles, too. He’ll want the White House to go further than they’ve been willing to go on long-term health costs. But they’re prepared to do that once taxes are on the table. He’s also quite disliked by the left, which frequently refers to the Simpson-Bowles Commission as “the Catfood Commission.” That’s a drawback, but the Obama administration has always prized holding the center over placating the left. Indeed, Obama, who ran in 2008 as a post-partisan uniter and is unexpectedly and unhappily having to run a much more traditional and partisan campaign in 2012, might see that as a benefit. If he can press the reset button after this election, he’s going to do it.

Just what this country needs, another corporatist Wall St. buddy and former bank executive heading Treasury who, as Dean Baker points out, Mr. Bowles has been working to cut Social Security for 15 years:

While Simpson has seized the spotlight, it may prove to be the case that Erskine Bowles, his co-chairman, poses the greater threat to Social Security. The reason is simple: Bowles is the living embodiment of the rewards available to politicians who would support substantial cutbacks or privatization of the program. [..]

Bowles is an unsuccessful politician, having twice lost in runs for the Senate in North Carolina.

Yet, he is very successful financially. He pockets $335,000 a year as a director of Morgan Stanley, one of the huge Wall Street banks that was rescued by taxpayer dollars in the fall of 2008. He likely pockets a similar sum from sitting as a director of GM, another company rescued by the government.

This means that Bowles pockets close to $700,000 annually (@600 monthly Social Security checks) from attending eight to twelve meetings a year. This must look like a pretty attractive deal to current members of Congress. In other words, the message Bowles is sending members of Congress is that if you betray your constituents and vote to undermine Social Security, you will be amply rewarded even if the voters give you the boot.

Bowles has also lied to about Social Security’s solvency:

What we’ve done is make Social Security solvent for the next 75 years. As you all know, Social Security runs out of money in 2037. We’re not making it up. That’s the law.

Think Progress‘s Zaid Zilani debunked that lie:

Social Security is currently projected to be fully solvent until the year 2037. After that, it is expected to be able to pay out 75 percent of benefits until 2084, which basically equals full benefits, once inflation is accounted for. There is no threat of the program running out of money any time soon – certainly not in 2037. That does not mean that there aren’t positive and progressive changes that could possibly be made to the system.

As for Medicare and Medicaid, Dayen debunks the myth about the cost effectiveness of those programs:

The New England Journal of Medicine reports that Medicare and Medicaid spending has decelerated in recent years, and not just because of the Great Recession. The public programs have seen their cost growth slow significantly compared to private health insurance. And this is expected to continue for the coming decade.

This is so important because, as Paul van de Water of the Center on Budget and Policy Priorities explains, the public debate has focused on transforming Medicare and Medicaid in the coming years, constraining cost in the very programs that are the most cost-efficient. If anything, the opposite should be true, and more and more of the system should be converted into public programs to increase the risk pool, allow for greater bargaining leverage on prices, and provide stability. [..]

The Obama campaign would have voters believe that Mitt Romney and Paul Ryan would destroy the Social Safety net but the idea of Erskine Bowles as Treasury Secretary would be just as bad for out social safety net. Mr. Bowles and his “Catfood Commission” are “grand bargains” we don’t need.

A 2012 Victory Won’t Bring Back the Economy: Only a Private Debt Jubilee

Cross posted in Orange and at Voices on the Square

Yes, this is true. It’s not a popular saying, but I’m not here to make everyone feel good for 2012 electioneering while people are suffering to feel a sense of belonging among the Washington elite prognosticating over poll numbers instead of real issues. As we have this debate over 4 percentage points in the tax code, the overall omission of most Americans suffering from the fallout of the housing bubble is insulting.

That’s right. This debate ignores the big elephant in the room; the millions of people underwater defrauded into mortgage debt and other private debt chaining them to their deflating assets with no sufficient income prospects added up and compounded in a usurious fashion sucking demand out of the economy. For those that do not “got theirs jack” and can’t afford cable news to cheer along with this partisan war syndrome dynamic, this actually matters.

It matters because as I have chronicled here, here, here, and here, the Foreclosure Fraud Settlement was an insult to the millions injured from the fallout of this bubble once NY AG was bought off to prop it up with stilts. Banks were given credit for the HAMP mods in addition to being propped up by the other failed HARP program. Basically those that defended that settlement or any of these programs anymore have to admit now they knew nothing.

For want or need of a nice election tune, many are tuning in to this election while too many are tuning out these debilitating economic problems because the absolute failure to deal with them at all. I partially understand, it is daunting and demoralizing, but whether one wants to tune in to these problems or not, the song remains the same.

It’s the song of the decade and it goes well beyond this election.  

Some Undocumented Immigrants Get Their Dream

Well, almost. President Barack Obama, who has deported more undocumented immigrants than any president since 1892, will stop deporting Hundreds of thousands of illegal immigrants who came to the United States as children:

The policy, effective immediately, will apply to people who are currently under 30 years old, who arrived in the country before they turned 16 and have lived in the United States for five years. They must also have no criminal record, and have earned a high school diploma, remained in school or served in the military.

These qualifications resemble in some ways those of the so-called Dream Act, a measure blocked by Congress in 2010 that was geared to establish a path toward citizenship for certain young illegal immigrants. The administration’s action on Friday, which stops deportations but does not offer citizenship, is being undertaken by executive order and does not require legislation. It was announced by the Department of Homeland Security.

What the younger immigrants will obtain, officials said, is the ability to apply for a two-year “deferred action” that effectively removes the threat of deportation for up to two years, with repeated extensions. “This is not immunity, it is not amnesty,” said Janet Napolitano, the homeland security secretary. “It is an exercise of discretion.”

Why now? Political expediency. Obama needs the Latino vote:

The Obama administration has failed to deliver on its promise to lift the threat of deportation for law-abiding undocumented immigrants, according to an alliance of Hispanic and civil rights leaders who warn that disappointment among Latino voters could damage the president’s chances of being re-elected.

A new report from the Fair Immigration Reform Movement (Firm) (pdf) criticises the department of homeland security for failing to implement its own policy that switched the target of deportations onto serious criminal offenders, or the “worst of the worst”.

Firm concludes that the lack of implementation could “undermine the credibility of President Obama’s standing with Latino and immigrant communities nationwide“.

Obama = Lying Hypocrite:

[C]onsider Obama’s 2008 campaign promise that he would tackle immigration reform his first year in office. He now has to explain why he failed to do this: “The challenge we’ve got on immigration reform,” Obama said in a Univision interview last month, “is very simple. I’ve got a majority of Democrats who are prepared to vote for it. And I’ve got no Republicans who are prepared to vote for it.”

That is a bold faced lie:

The DREAM Act would have passed if Democrats had shown unity on the measure.

But five Democrats voted against the legislation: Kay Hagan of North Carolina, Mark Pryor of Arkansas, Ben Nelson of Nebraska and both Montana Democrats, Jon Tester and Max Baucus. West Virginia Sen. Joe Manchin announced his opposition to the DREAM Act Saturday in a statement Saturday but missed the vote.

Three Republicans crossed party lines to vote for the bill: Indiana Sen. Richard Lugar, Alaska Sen. Lisa Murkowski and Utah Sen. Bob Bennett.

Maybe if Obama had put some pressure on those 5 “Democrats” the bill would have passed.

The Obama administration claims that the number are up because they are focused on deporting criminals is another lie: Most of the immigrants who were deported were Latinos and not criminals:

[L]ess than 50 percent of the people removed have a criminal conviction, according to the Homeland Security Department’s own statistics. For example, 387,000 people were deported in 2010, of which only 169,000 had committed a crime. The statistics also show that the large majority of deportations are Latinos. Roughly 73 percent are from Mexico, 8 percent from Guatemala, 6 percent from Honduras and 5 percent from El Salvador.

Remember, this is a president who talks indignantly about the immigration enforcement laws passed by GOP legislators in Arizona, Alabama, Georgia and South Carolina – calling them “misdirected” and “bad law.” He has even instructed his Justice Department to challenge them in court.

This is good news for those undocumented immigrants who came to this country as children with their families. It is a step forward in solving a problem that Obama could have done three and half years ago without congressional approval but has chosen to do it now just to get the Latino community vote. The one thing it is not, a step towards citizenship. Hypocrite.

What We Need To Know: Trans-Pacific Partnership

Back in February of this year when we were battling ACTA, SOPA, and PIPA to protect the internet, I wrote about the Trans Pacific Partnership which would have impose even stricter provisions on copyright law and the internet than ACTA. Well, TPP hasn’t gne away and the secret negotiations by the Obama administration has raised serious questions from both sides of the Congressional aisle. The trade document (pdf), which has been a more closely guarded secret than Dick Cheney’s location, was leaked by Public Citizen a long-time critic of the administration’s trade objectives. Their analysis of the stealth policy that is being advocated by the super corporations and the Obama administration is, in a word, frightening.

A leak today of one of the most controversial chapters of the Trans-Pacific Partnership (TPP) reveals that extreme provisions have been agreed to by U.S. officials, providing a stark warning about the dangers of “trade” negotiations occurring under conditions of extreme secrecy without press, public or policymaker oversight, Public Citizen said.

“The outrageous stuff in this leaked text may well be why U.S. trade officials have been so extremely secretive about these past two years of TPP negotiations,” said Lori Wallach, director of Public Citizen’s Global Trade Watch. “Via closed-door negotiations, U.S. officials are rewriting swaths of U.S. law that have nothing to do with trade and in a move that will infuriate left and right alike have agreed to submit the U.S. government to the jurisdiction of foreign tribunals that can order unlimited payments of our tax dollars to foreign corporations that don’t want to comply with the same laws our domestic firms do.”  [..]

The TPP may well be the last trade agreement that the U.S. negotiates. This is because TPP, if completed, would have a new feature relative to past U.S. trade pacts: It would remain open for any other country to join later. Last month, USTR Kirk said that he “would love nothing more” than to have China join TPP.

In one move without congressional ratification, the agreement could:

  • offshore millions of American jobs,
  • free the banksters from oversight,
  • ban Buy America policies needed to create green jobs and rebuild our economy,
  • decrease access to medicine,
  • flood the U.S. with unsafe food and products,
  • and empower corporations to attack our environmental and health safeguards.
  • Zach Carter of Huffington Post reveals that the agreement confers on multinational corporations the ability to circumvent US laws and regulation:

    Under the agreement currently being advocated by the Obama administration, American corporations would continue to be subject to domestic laws and regulations on the environment, banking and other issues. But foreign corporations operating within the U.S. would be permitted to appeal key American legal or regulatory rulings to an international tribunal. That international tribunal would be granted the power to overrule American law and impose trade sanctions on the United States for failing to abide by its rulings. [..]

    While the current trade deal could pose a challenge to American sovereignty, large corporations headquartered in the U.S. could potentially benefit from it by using the same terms to oppose the laws of foreign governments. If one of the eight Pacific nations involved in the talks passes a new rule to which an American firm objects, that U.S. company could take the country to court directly in international tribunals.

    Public Citizen challenged the independence of these international tribunals, noting that “The tribunals would be staffed by private sector lawyers that rotate between acting as ‘judges’ and as advocates for the investors suing the governments,” according to the text of the agreement.

    Some of the other parts of the agreement would raise the cost of medications, while it would make life saving drugs inaccessible, it might as well have if they’re too expensive. Some of the other provisions would also:

  • Expand pharmaceutical patenting and create new drug monopolies, by lowering patentability standards and requiring patentability of minor variations of older, known medicines.
  • Lengthen drug monopolies by requiring countries to extend patent terms.
  • Eliminate safeguards against patent abuse, including among others the right of third parties to challenge patent applications (pre-grant opposition).
  • Risk facilitating patent abuse by requiring countries to condition marketing approval on patent status (patent linkage). Under patent linkage, even spurious patents may function as barriers to generic drug registration.
  • Expand exclusive control over clinical trial data including through an extra three years of data exclusivity for new uses of known products (in addition to five years exclusivity for first uses) and a new provision on biotech medicines.
  • Judit Rius, U.S. manager of Doctors Without Borders Access to Medicines Campaign, referring to the medication rules said, “Bush was better than Obama on this. It’s pathetic, but it is what it is. The world’s upside-down.”

    On the impact on US environmental laws, Margrete Strand Rangnes, Labor and Trade Director for the Sierra Club, an environmental group said, “Our worst fears about the investment chapter have been confirmed by this leaked text … This investment chapter would severely undermine attempts to strengthen environmental law and policy.”

    These negotiations have been going on since Obama took office. They are backed by the US Chamber of Commerce and by the Republican presidential nominee, Mitt Romney, who urged the US to finalize the deal.

    Sen Ron Wyden (D-OR) has introduced legislation for more transparency and House Oversight Committee Chairman Darrell Issa (R-CA) leaked a document from the talks on his website. (Hmm. Will Issa investigate himself?)

    So much for this promise from Obama and the DNC (pdf):

    We will not negotiate bilateral trade agreements that stop the government from protecting the environment, food safety, or the health of its citizens; give greater rights to foreign investors than to U.S. investors; require the privatization of our vital public services; or prevent developing country governments from adopting humanitarian licensing policies to improve access to life-saving medications

    And Obama supporters tell us that Romney is worse. Really? I see no difference between the them.

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