Tag: Barack Obama

The Big Lie: The US Doesn’t Torture

The prisoners on trial before military tribunal at Guantanamo for their attacks on the United States are unable to present evidence that they were tortured by the CIA even though they are facing the death penalty. This is what has been happening:

On Tuesday, October 22, the lawyers for the September 11 accused argued that the Guantanamo military commissions’ protective order (pdf) violates the United Nations Convention Against Torture. The protective order states that the defendant’s “observations and experiences” of torture at CIA black sites are classified. Defense counsel say that this violates the Convention Against Torture’s requirement that victims of torture have “a right to complain” to authorities in the countries where they are tortured, and makes the commission into “a co-conspirator in hiding evidence of war crimes.”

It is not only the defendants’ lawyers who object to the protective order. The ACLU has called the restrictions on detainees’ testimony “chillingly Orwellian.” Earlier this year, the Constitution Project’s bipartisan, independent Task Force on Detainee Treatment (for which I served as staff investigator) found that the military commissions’ censorship of detainees’ descriptions of their own torture could not be justified on grounds of national security, and violated “the public’s First Amendment right of access to those proceedings, the detainees’ right to counsel, and counsel’s First Amendment rights.” This month, the European Parliament passed a resolution that called on the United States “to stop using draconian protective orders which prevent lawyers acting for Guantánamo Bay detainees from disclosing information regarding any detail of their secret detention in Europe.”

The reason the prisoners are being denies their rights to present the evidence of torture, even though they are facing the death penalty, is this:

In April 2009, over the CIA’s objections, Obama declassified four Office (pdf) of Legal (pdf) Counsel (pdf) (OLC) (pdf) opinions that described in graphic detail the brutal techniques that the CIA used against captives after September 11, because in his judgment their release was “required by the rule of law.”

But today, the administration takes the position (pdf) that the release of the OLC memos only declassified the CIA’s use of torturous interrogation techniques “in the abstract.” The details of any individual detainee’s treatment in CIA custody are still top secret. The CIA claims this is necessary because disclosures about individual interrogations would “provide future terrorists with a guidebook on how to evade such questioning,” and “provide ready-made ammunition for al-Qa’ida propaganda.”

The one thing that the defense lawyers, the prosecutors and the judges all agree on, President Barack Obama could fix this.

Biden: Mukasey Stance on Torture “Shocks My Conscience”

Paul Kiel – January 30, 2008, 4:12 PM EST

Sen. Joe Biden (D-DE) said that he’d been getting the impression that Mukasey really thought about torture in relative terms, and wanted to know if that was so. Is it OK to waterboard someone if a nuclear weapon was hidden — the Jack Bauer scenario — but not OK to waterboard someone for more pedestrian information?

Mukasey responded that it was “not simply a relative issue,” but there “is a statute where it is a relative issue,” he added, citing the Detainee Treatment Act. That law engages the “shocks the conscience” standard, he explained, and you have to “balance the value of doing something against the cost of doing it.”

What digby said:

So basically, while we “do not torture” we have admitted “in the abstract” that we did torture, but if any of those tortured reveal the details of that torture the terrorists of the future will know how we torture and learn how to evade it. So we’re obviously still torturing. Am I missing something?>

No, digby, you didn’t miss a thing.

Homeland Security Nominee an Assassination Apologist

A high up administration official, speaking anonymously, confirmed rumors that former Defense Department general counsel, Jeh Johnson, is President Barack Obama’s nominee to replace Janet Napolitano at the Department of Homeland Security. Secretary Napolitano stepped down in August to become president of the University of California.

In an article at Washington’s blog that outlines Johnson’s career at DoD, it is not surprising that as the top Pentagon lawyer Johnson was the lead apologist for the endless war on terror and the abuses of the Obama administration, including arguing for the justification of targeted assassinations including American citizens, as reported by the Associated Press in 2011.

U.S. citizens are legitimate military targets when they take up arms with al-Qaida, top national security lawyers in the Obama administration said Thursday.

***

The government lawyers, CIA counsel Stephen Preston and Pentagon counsel Jeh Johnson … said U.S. citizens do not have immunity when they are at war with the United States.

Johnson said only the executive branch, not the courts, is equipped to make military battlefield targeting decisions about who qualifies as an enemy.

In a speech at Yale Law School in 2012, Johnson said

Belligerents who also happen to be U.S. citizens do not enjoy immunity where non-citizen belligerents are valid military objectives.

Washington Blog also noted a major concern about Johnson’s Yale speech:

[..] Johnson invoked a lawsuit filed by Mr. Awlaki’s father before the killing that had sought an injunction against targeting his son, citing with approval a district judge’s decision to dismiss the case and saying that targeting decisions are not suited to court review because they must be made quickly and based on fast-evolving intelligence.

***

“The legal point is important because, in fact, over the last 10 years Al Qaeda has not only become more decentralized, it has also, for the most part, migrated away from Afghanistan to other places where it can find safe haven,” Mr. Johnson said.

This is particularly concerning since the U.S. wants to expand the assassination program to cover “ASSOCIATES of ASSOCIATES” of Al Qaeda … and blurs the lines between bad guys and average Americans.    This violates a little thing called the Fifth Amendment.

The Washington Post points out:

[A senior administration official] added that Johnson was “responsible for the prior legal review and approval of every military operation approved by the president and secretary of defense” during Obama’s first term.

That presumably includes supporting Al Qaeda in Libya.

This is the Wikipedia summation of Johnson’s tenure at the Defense Deaprtment that began in January of 2009:

As General Counsel of the Defense Department, Johnson was a major player in certain key priorities of the Obama Administration, and he is considered one of the legal architects of the U.S. military’s current counterterrorism policies. In 2009, Johnson was heavily involved in the reform of military commissions, and testified before Congress numerous times in support of the Military Commissions Act of 2009. [..]

In January 2011, Johnson provoked controversy when, according to a Department of Defense news story, he asserted in a speech at the Pentagon that deceased civil rights icon Martin Luther King Jr. would have supported the wars in Afghanistan and Iraq, despite King’s outspoken opposition to American interventionism during his lifetime. Johnson argued that American soldiers fighting in Afghanistan and Iraq were playing the role of the Good Samaritan, consistent with Martin Luther King Jr.’s beliefs, and that they were fighting to establish the peace for which Dr. King hoped. Jeremy Scahill called Johnson’s remarks “one of the most despicable attempts at revisionist use of Martin Luther King Jr. I’ve ever seen,” while Justin Elliott of Salon.com argued that based on Dr. King’s opposition to the Vietnam War, he would likely have opposed the wars in Iraq and Afghanistan, as well as the covert wars in Pakistan and Yemen. Cynthia Kouril has defended Johnson’s remarks, arguing in her blog that his speech has been misinterpreted.

In a February 2011, speech to the New York City Bar Association, Johnson “acknowledged the concerns raised” about the detention of alleged WikiLeaks source Private Bradley Manning and “stated that he had personally traveled to Quantico to conduct an investigation.” Human rights attorney and journalist Scott Horton wrote that “Johnson was remarkably unforthcoming about what he discovered and what conclusions he drew from his visit.

Johnson’s tenure as General Counsel was also notable for several high-profile speeches he gave on national security. In a speech he delivered at the Heritage Foundation in October 2011, Johnson warned against “over-militarizing” the U.S. government’s approach to counterterrorism: “There is risk in permitting and expecting the U.S. military to extend its powerful reach into areas traditionally reserved for civilian law enforcement in this country.”  

Finally, at the Oxford Union in England in November 2012, shortly before his resignation, Johnson delivered a widely noted address entitled “The conflict against al Qaeda and its affiliates: how will it end?” in which he predicted a “tipping point” at which the U.S. government’s efforts against al Qaeda should no longer be considered an armed conflict, but a more traditional law enforcement effort against individual terrorists.

Johnson’s speech in England was highly praised for the acknowledgment that the war on terror would eventually come to an end but, as Bob Deyfuss noted in his article at The Nation on Johnson’s nomination, actions speak louder that words:

Problem is, of course, until that as-yet-undefined moment when the “war” against Al Qaeda ends and the “counterterrorism effort against individuals” begins has not, it appears, yet occurred-at least in the eyes of the Obama administration. So, as a result, the White House continues to order drone strikes in Pakistan, Afghanistan, Somalia and elsewhere, launch Special Forces raids to kill or capture alleged Al Qaeda officials in Africa and Asia, and, in Afghanistan, insist on the continuing right of U.S. forces to seek and destroy Al Qaeda units in that country, even though experts say only about 75 members of the organization remain there. And, as long as the “war” continues, then everything that goes with it-extra-judicial detention of captured fighters, vast electronic surveillance of U.S. and foreign citizens by the National Security Agency and its partners, the Guantanamo prison, and the rest, continues too. All of that, in his Oxford speech, Johnson-as the then-DOD lawyer-was willing to support, justify and explain, even while admitting, as he did:

Some legal scholars and commentators in our country brand the detention by the military of members of al Qaeda as “indefinite detention without charges.” Some refer to targeted lethal force against known, identified individual members of al Qaeda as “extrajudicial killing.”

Indeed, The Wall Street Journal, in reporting Johnson’s 2012 speech, noted that in fact it was delivered primarily as a justification to the Europeans for Obama’s widely reviled counterterrorism policies:

Pentagon officials and legal experts also noted that Mr. Johnson chose to deliver the speech in the United Kingdom, in part to reassure European allies about the Obama administration’s legal justification for its continuing war on al Qaeda as well as other counterterrorism operations.

“It’s important that the DOD General Counsel has chosen to give this speech in Britain where many legal experts disagree with the concept that the U.S. is in a war with al Qaeda,” said John Bellinger, a former State Department legal adviser during the George W. Bush administration. “Most of the previous speeches by administration officials have been given inside the U.S.”

Anyone who thought that New York City police commissioner Ray Kelly was a terrible choice for head of DHS was just proven wrong. Don’t let Johnson;s support of the repeal of “Don’t Ask; Don’t Tell” fool you, he makes Kelly look like a good guy.  

Sam Adams Award

In Russia, NSA whistleblower Edward Snowden appeared in public for the first time since he was grated asylum by the Russian government. He met with other whistleblowers and activists to receive the Sam Adams Award for Integrity in Intelligence.

RT News interviewed whistleblowers and activists Jesselyn Radack, Thomas Andrews Drake, Ray McGovern and Coleen Rowley in their studio after the award was presented.

Never Mind Bush, Obama Worse Than Nixon

This is the most closed, control-freak administration I’ve ever covered.

That is what David E. Sanger, the chief Washington correspondent for the New York Times, told former Washington Post executive editor Leonard Downie. Sanger was one of 30 journalists Downie interviewed for a report on the Obama administration’s efforts to control leaks. Downie, who was one of the editors involved in the Post’s Watergate investigation, called the administration’s “war on leaks” the most aggressive since the Nixon administration.

The Obama Administration and the Press

by Leonard Downie Jr. with reporting by Sara Rafsky, Committee to Protect Journalists

Leak investigations and surveillance in post-9/11 America

U.S. President Barack Obama came into office pledging open government, but he has fallen short of his promise. Journalists and transparency advocates say the White House curbs routine disclosure of information and deploys its own media to evade scrutiny by the press. Aggressive prosecution of leakers of classified information and broad electronic surveillance programs deter government sources from speaking to journalists.

Compounding the concerns of journalists and the government officials they contact, news stories based on classified documents obtained from Snowden have revealed extensive surveillance of Americans’ telephone and e-mail traffic by the National Security Agency. Numerous Washington-based journalists told me that officials are reluctant to discuss even unclassified information with them because they fear that leak investigations and government surveillance make it more difficult for reporters to protect them as sources. “I worry now about calling somebody because the contact can be found out through a check of phone records or e-mails,” said veteran national security journalist R. Jeffrey Smith of the Center for Public Integrity, an influential nonprofit government accountability news organization in Washington. “It leaves a digital trail that makes it easier for the government to monitor those contacts,” he said.

“I think we have a real problem,” said New York Times national security reporter Scott Shane. “Most people are deterred by those leaks prosecutions. They’re scared to death. There’s a gray zone between classified and unclassified information, and most sources were in that gray zone. Sources are now afraid to enter that gray zone. It’s having a deterrent effect. If we consider aggressive press coverage of government activities being at the core of American democracy, this tips the balance heavily in favor of the government.”

At the same time, the journalists told me, designated administration spokesmen are often unresponsive or hostile to press inquiries, even when reporters have been sent to them by officials who won’t talk on their own. Despite President Barack Obama’s repeated promise that his administration would be the most open and transparent in American history, reporters and government transparency advocates said they are disappointed by its performance in improving access to the information they need.

In an interview with Amy Goodman on Democracy Now!, Leonard Downey discusses freedom of the press and the Obama administration.

I found that these leaks investigations and a program called the Insider Threat Program, instituted since the Bradley Manning leaks, that requires government employees to monitor each other to make sure that they’re not leaking information to anyone, including journalists, to have really frightened government officials. Many, many reporters that I interviewed here in Washington say that government officials are afraid to talk to them. They’re afraid that their telephone conversations and their email exchanges would be monitored. That is to say that investigators could come in later, as they did in several leaks investigations, and use their telephone and email records in order to find the contacts between government officials and reporters. So they’re simply scared to talk to reporters.

And this, this is not good, because-I just heard the president saying that he was concerned about the safety of our troops and our intelligence officers. It’s important that responsible, knowledgeable government officials be able to talk to reporters about these matters, so that, among other things, they can alert reporters to information that might be harmful to national security or harmful to human life, in which case no responsible news organization would publish those.



Transcript can be read here

Obama to Nominate Yellen to the Fed Chair

In the midst of the government shutdown and looming debt ceiling crisis, it was announced from the usual anonymous White House sources, that President Barack Obama will name the Federal Reserve’s vice chair, Janet Yellen, as his nominee to succeed Chairman Ben Bernanke.

The announcement by president Barack Obama is scheduled for 3pm EST on Wednesday, the White House said. Both Yellen and the current Fed chair, Ben Bernanke, are expected to attend.

The nomination ends a long public debate about Obama’s choice for Fed chairman. Yellen has long been seen as the frontrunner to succeed Bernanke, who is set to step down early next year. But she faced stiff opposition from former Treasury secretary Lawrence Summers who had strong support within the Obama administration. If approved by the Senate, she would be the first woman to head the central bank in its 100-year history.

The president was left with few choices after his “favorite” and “best bud’ Larry Summers was forced to withdraw because of fierce criticism from just about everyone, including Wall Street, except White House insiders. Larry was just not going to happen.

That said, while Ms. Yellen is going to be the first female head of the Federal Reserve (another glass ceiling broken), she is hardly that different policy-wise from Summers.

What We Really Should be Yellin About When it Comes to Who Runs the Fed

by priceman

Effective regulation, and on that note, it is a positive thing that the Summers of our discontent can finally be laid to rest. After all the damage Larry Summers has caused in being one of the architects of this crisis, from boxing in Brooksley Born and ignoring her warnings with regard to derivatives which brought down Long Term Capital Management during the Clinton administration, to his sexism among everything else. He has now thankfully taken himself out consideration for the job.

It’s a good thing he did. Rather than fighting for something or someone that helps people suffering from this economic crisis, President Obama strongly recommended and fought for Larry Summers to be Chairman of the Federal Reserve, a guy who lost a billion dollars as President of Harvard betting on interest rates. Yeah, let that sink in for awhile.

It’s really not OK. This is why making excuses for everything the President does, as too many Democrats do without thinking of the damage, is dangerous, immoral, and unprincipled. Now it looks like the front runner to replace Ben Bernanke as Chairman of the Federal Reserve is going to be Vice Chairwoman of the Board of Governors of the Federal Reserve System and once President and Chief Executive Officer of the Federal Reserve Bank of San Francisco, Janet Yellin. Unlike Larry Summers, she at least saw the crisis coming as early as 2005.

Be Careful What You Ask For

The progressive Democrats of the Senate got Larry Summers to withdraw from consideration for chair of the Federal Reserve over the weekend. So now they’re yellin’ for Yellen. Well, folks Janet Yellen the current vice chair of the Federal Reserve is just the distaff version of Larry minus the misogyny.

Huffington Post’s senior political economy reporter Zach Carter gives a rundown of Ms. Yellen’s policy history before and during her tenure as chair of Council of Economic Advisers in the Clinton administration. During that time she backed the repeal of the landmark Glass-Steagall bank reform, supported the 1993 North American Free Trade Agreement and pressured the government to develop a new statistical metric intended to lower payments to senior citizens on Social Security. Yes, dears, that last one would be an earlier version of the Chained CPI.

TPP: Obama’s Trojan Horse

The government shutdown and the threat of default on debt payments kept President Barack Obama from attending the recent round of talks on the Trans-Pacific Partnership (TPP). The president has hopes that it will be finished by the end of the year. Major corporations are urging the Pres. Obama not to “water down” the agreement which would put billions in their pockets sucking more money from the 99%, creating an even bigger income gap around the world. The TPP, which has been negotiated in secret since the Bush administration, would prioritize corporate rights over the rights of consumers and workers. In June, Rep. Alan Grayson was allowed to read the text of the TPP, that he described as “an anti-American power grab by big corporations

The TPP is a large, secret trade agreement that is being negotiated with many countries in East Asia and South America.

The TPP is nicknamed “NAFTA on steroids.”  Now that I’ve read it, I can see why. I can’t tell you what’s in the agreement, because the U.S. Trade Representative calls it classified. But I can tell you two things about it.

1)    There is no national security purpose in keeping this text secret.

2)    This agreement hands the sovereignty of our country over to corporate interests.

3)    What they can’t afford to tell the American public is that [the rest of this sentence is classified].

(Well, I did promise to tell you only two things about it.)

I will be fighting this agreement with everything I’ve got. And I know you’ll be there every step of the way.

Besides this agreement being labeled a secret except for the business insiders who are negotiating it, the corporations want Congress to “fast track” it’s approval which the president the ability to put an accord before lawmakers for an up-or-down vote. This would assure that the TPP would pass without congressional oversight. However, some lawmakers are balking, at not only fast tracking the agreement, but the agreement itself:

A growing chorus of lawmakers is calling for trade negotiators to address issues including currency manipulation, food-safety standards and competition with state-backed industries as the administration seeks “fast-track” authority to smooth eventual passage of the Trans-Pacific Partnership.

“I oppose fast-track authority like what we have had in the past,” Representative Rosa DeLauro, a Connecticut Democrat, said on a conference call today with reporters. “We are not just here to rubber stamp what gets done” by trade negotiators, she said. [..]

Negotiations are “being done without sufficient input from members of Congress,” DeLauro said. Lawmakers should have more of a say because the TPP is a 21st century agreement that goes beyond traditional tariff deals, she said. The TPP would entail issues including environmental protection, Internet trade, access to medicines and market access for small businesses.

A bipartisan group of 60 senators — a bloc big enough to sink a trade accord — on Sept. 24 urged the administration to include provisions to prevent currency manipulation in U.S. free-trade agreements.

Lori Wallach, director of Public Citizen’s Global Trade Watch, joined Democracy Now!‘s Amy Goodman and Juan González to discuss how this corporate “Trojan Horse” would rewrite US laws and regulation

While the text of the treaty has been largely negotiated behind closed doors and, until June, kept secret from Congress, more than 600 corporate advisers reportedly have access to the measure, including employees of Halliburton and Monsanto. “This is not mainly about trade,” says Lori Wallach, director of Public Citizen’s Global Trade Watch. “It is a corporate Trojan horse. The agreement has 29 chapters, and only five of them have to do with trade. The other 24 chapters either handcuff our domestic governments, limiting food safety, environmental standards, financial regulation, energy and climate policy, or establishing new powers for corporations.

The Electronic Freedom Foundation is fighting the fast tract of this agreement and calling for open congressional hearings.

President Obama was scheduled to meet with the leaders of the other eleven countries negotiating the Trans-Pacific Partnership agreement ahead of the Asia-Pacific Economic Cooperation (APEC) meeting in Bali, supposedly to plan the “end-game” for this massive trade deal. However, he has made a sudden decision to cancel his trip, claiming that this was a casualty of the government shutdown. Obama’s announcement adds to the impression that goal of completing TPP at APEC has become unobtainable and reveal how precariously the negotiations are going.

There are reports that the remaining TPP country leaders who will be attending the APEC meeting will still be convening “with the aim of hammering out a framework.” As we’ve also previously mentioned, smaller issue-specific intersessional meetings have also grown more frequent and gone even further underground. So while the news of his trip getting cancelled is indeed welcome news, the TPP still could be signed even as its contents remain hidden from the public.

They also have  website “Why the Heck Should I Care About the TPP?” which lets you click through different facts about the agreement and how it will impact us as users.

We here at Stars Hollow and Docudharma urge you to take action and demand Congress exercise their Constitutional authority to oversee the U.S. trade negotiations.

Grand Bargain Circus – Red Clowns Ready?

Jugglers_Circus_Amok_by_David_Shankbone

There’s a big deal brewing in the Beltway Bigtop that’s been years in the making.  The Grand Bargain is now officially on the red clown leadership’s radar.  But can they get their ducks in a row?  Will the rank and file blue clowns have an attack of conscience?  And what about the audience – will they meekly accept the shears as the Ringmaster and clowns together begin to fleece them?  Or will they bombard the clowns with rotten tomatoes, imprecations, incantations and entreaties frightening them away from yet another of the Ringmaster’s big plans as they did with the Ringmaster’s recent plan to engage in yet another stupid and expensive war of choice?

Here’s a wrap up of the past couple of days under the Beltway Bigtop.

Bigtop Blame-a-Rama – Juggling the Hot Potato of Blame

The lights have been doused under the Beltway Bigtop as the red clowns and blue clowns could not come to agreement over how best to rob the audience.  The blue clowns adamantly protected the Ringleader’s plan to demand tribute of the audience for his donor cronies in the insurance and pharmaceutical industries in return for health care insurance products of dubious utility.  The red clowns would not give up their demands to kill the Ringleader’s program as well as demands for a smorgasbord of environmental destruction, means-testing for medicare, limitation of court awards for medical malpractice, repeal of taxes on some of their cronies and a contraceptive-free dessert bar.

Killer-Klowns-from-Outer-Space-pies

As the sun came up on the Beltway Bigtop Tuesday morning there were lines of circus employees leaving the parking lot as the tall order of the day began – the search for a scapegoat.

While both the red clowns and the blue clowns stayed up until the wee hours juggling the hot potato of blame back and forth between the red clown-controlled Ring 1 and the blue clown-controlled Ring 3, the Ringmaster called the red clowns “irresponsible” and upbraided them for their, “ideological crusade.”

The US government shut down early Tuesday for the first time since 1996 after lawmakers divided over Obamacare failed to reach an agreement to fund federal agencies through the next fiscal year.

President Barack Obama called it the “height of irresponsibility.”

Speaking Tuesday afternoon, Obama slammed Republicans for shutting down the government as part of an “ideological crusade” designed to kill his signature health care law.

“I urge House Republicans to reopen the government,” Obama said at the White House Rose Garden, while surrounded by Americans he said would benefit from the Affordable Care Act.

Meanwhile one of the red clowns’ leaders, Boner T. Redclown, did impressions of the Ringmaster over in Ring 1 as he passed juggling potatoes back and forth with Harry T. Blueclown over in Ring 3.  Harry T. Blueclown, for his part, returned the relentless hail of hot potatoes with all of the speed and bravado he could muster.

House Speaker John Boehner imitated the president on the House floor as he described their ultimately fruitless conversation Monday evening in the hours before a U.S. government shutdown.

“I talked to the president earlier tonight,” the Ohio Republican said before dropping his voice to sound more like President Barack Obama. “‘I’m not gonna negotiate. I’m not gonna negotiate. We’re not gonna do this.’ Well, I would say to the president, ‘This is not about me. This is not about Republicans here in Congress. It’s about fairness for the American people.'”

House Republicans repeatedly sent bills that would have temporarily funded the federal government but cut funding or delayed the implementation of the Affordable Care Act.

The Senate’s Democratic majority repeatedly stripped those bills of their anti-Obamacare provisions and sent them back to the House for approval, setting up the impasse that led to the first U.S. government shutdown in 17 years.

Audience reaction was mixed to the impressions and the rapid-fire juggling spectacle, however, the Beltway Bigtop Office of Promotions was quick to assign responsibility for Boner T. Redclown’s performance to a subset of the most effusive and animated of the red clowns.  Some in the Beltway Bigtop’s Office of Promotions claim that a conspiracy is afoot amongst some of the red clowns to force Boner T. Redclown into his behavior, while others claim that Boner T. Redclown and his leadership group

held a meeting outside of the Bigtop and stole the schtick of the more animated red clowns.

Bozos_Circus_postcard_1960sMonday was a frantic day on Capitol Hill, though all the activity ultimately came to nought: A flurry of last-minute legislative feints failed to prevent the government from shutting down at midnight. But in the process, House Republicans’ total crackup was on full, public display.

The breaking point was Speaker John Boehner’s penultimate proposal, a bill that would have funded the government — and Obamacare — while delaying the health-care law’s individual mandate and canceling congressional staffers’ insurance subsidies. To Boehner, this was a major concession from the House’s previous offering — a delay of the entire law. To the White House and Senate Democrats, it was just as unacceptable and no concession at all.

But within the GOP, it provoked a freakout on both Boehner’s right and left flanks. Moderate Republicans, long silent for fear of the party’s angry base, correctly viewed the proposal as inexorably leading to shutdown, and threatened to rise up and block it. “This is going nowhere,” New York Representative Peter King told National Review. He claimed to have 25 members on his side and demanded that Boehner instead put a “clean” government-funding bill — one that didn’t touch health care — on the floor of the House.

Meanwhile, conservatives were also in revolt. The Senate Conservatives Fund sent an email to its supporters denouncing “the Republican establishment in Washington” for telling “lies to help them fund Obamacare.” It accused GOP leaders of using the mandate delay as cover to disguise the fact that they were allowing the rest of the law to go into effect — something the group called unacceptable.

Many in the Beltway Bigtop Office of Promotions are eager to sell the narrative that the clowns have cracked up and become completely dysfunctional, creating new norms for governance.

Many of the contributing media outlets in the Beltway Bigtop’s Office of Promotion apparently can’t seem to remember previous government shutdowns as they swoon from the vapors from their, “discovery” of the, “new governing norms.”

In the past the blue clowns have been quite willing to press their advantage as a majority to protect their constituency just as the red clowns are doing now:

There were four shutdowns over abortion funding in the 1970s, a Democratic-led shutdown over funding for the notorious MX missile in 1982, a Democratic-led shutdown over a Supreme Court civil rights ruling in 1984, a Democratic-led shutdown over expanding Aid to Families with Dependent Children (that’s welfare) in 1986, and a Democratic-led shutdown over aid to the Contras and the Fairness Doctrine(!) in 1987. So shutdowns were for quite a while part of the normal business of government. And as I said, there’s a cruel logic to them. When Congress and the White House are held by different parties, Congress has no bigger chip at their disposal than the power of the purse. So they use that, over and over again, to extract often unrelated policy concessions from the executive branch. It may have stopped for a while for various reasons, but it’s back because it’s a very inviting way for a Congressional majority to assert their will.

Weirdo with a hula hoop.

Why Can’t the Blue Clowns Play the Game?

While one set of red clowns stalks the Ringmaster holding out hoops for him to jump through, another group of red clowns is sneaking out towards the fringes of the tent brandishing torches and threatening to burn the Bigtop down.

The Ringmaster remains impassive and, out of one side of his mouth refuses to negotiate, while out of the other makes promises to negotiate, but, on his terms:

Placing blame squarely on House Republicans, Obama said “the bottom line is that the Senate has passed a bill that keeps the government open, does not have a lot of extraneous issues to it, that allows us then to negotiate a longer-term budget and address a range of other issues but that ensure that we’re not shutting down the government and we’re not shutting down the economy at a time when a lot of families out there are just getting some traction in digging themselves out of the hole that we’ve had as a consequence of the financial crisis.

Given that the blue clowns control both the Main Ring and Ring 3, one would assume that the party of the Four Freedoms and the Great Society, friend of the working man and the underprivileged, would have pressed their advantage to make some serious gains for their constituency.

Instead, the blue clowns, in concert with the Ringmaster have been working to apply increasing levels of austerity to their constituency while their policies reward the Beltway Bigtop funderswho want austerity.

And the blue clowns aim to please their masters:

Virtually all of the services that will go unfilled during this shutdown, for example, are services for the poor or near-poor. A sclerotic governing system empowers a status quo that is biased toward elites, who are often the only ones able to break the gridlock, when it suits them and their pocketbooks.

Consider also how the nature of the gridlock itself empowers elite goals in this case. Democratic pundits and allies have talked themselves blue about the doomed Speakership of John Boehner, the lunacy of Ted Cruz, and whether the Republican fever will break. Precious few words, by contrast, have been written about the fact that the SOLUTION here, the position that Democrats have been pushing, is a “clean” continuing resolution, which will enforce sequestration limits, a spending cap below societal need and economic demand, into Fiscal Year 2014. And while that would only hold for a couple months, anyone who thinks sequestration will somehow be cancelled (or even “replaced,” which does the economy next to no good from a macro standpoint) by the same people who just shut down the government over “defunding” Obamacare, which is by its nature mandatory spending and not defunded today, is nuts. But Democratic politicians benefit from the virtual silence about how the country is doomed to austerity spending caps for what could be an entire decade. And elites enjoy advantages from such a state of affairs as well.

When the Ringmaster speaks of, “negotiat[ing] a longer-term budget and address a range of other issues,” he’s not talking about a bold plan to meet his constituency’s demands.  The Ringmaster is talking about another round of his “Grand Bargain” negotiations.  

The Ringmaster’s base constituency is certainly not demanding cuts to Social Security, Medicare, Medicaid, Tricare or other similar cuts to social programs.

American People Fight Obama’s Treacherous Cuts to Social Security and Medicare

The vast majority, left, right and in-between, have repeatedly made it clear that they do not want cuts to either of these vital programs. A CBS News poll conducted last month shows that 80 percent of Americans, regardless of political affiliation, opposed cutting spending on Medicare to reduce the budget deficit, while 79 percent were against cutting Social Security for that reason.

The people don’t want the cuts, and the facts don’t support them. There are certainly no economic excuses: The federal deficit politicans howl about is shrinking, as none other than Goldman Sachs’ chief economist has attested. And even if it wasn’t, Social Security doesn’t affect it – a fact that many Americans have copped onto despite the best efforts of politicians to deceive them. Clearly, in a time of growing economic inequality, there is no justification for taking more money out of the hands of the elderly and the vulnerable.

 

The only people demanding entitlement cuts are, hmmmm… the Beltway Bigtop funders:

Mark Thoma has an excellent column at the Fiscal Times linking the fight over the debt ceiling to the larger issue of extreme inequality. … I’d like, however, to suggest that the reality is even worse than Thoma suggests.

Here’s how Thoma puts it:

Rising inequality and differential exposure to economic risk has caused one group to see themselves as the “makers” in society who provide for the rest and pay most of the bills, and the other group as “takers” who get all the benefits. The upper strata wonders, “Why should we pay for social insurance when we get little or none of the benefits?” and this leads to an attack on these programs.

How, then, are things even worse than he says? Because many of the rich are selective in their opposition to government helping the unlucky. They’re against stuff like food stamps and unemployment benefits; but bailing out Wall Street? Yay! …

The point is that the superrich have not gone Galt on us – not really, even if they imagine they have. It’s much closer to pure class warfare, a defense of the right of the privileged to keep and extend their privileges. It’s not Ayn Rand, it’s Ancien Régime.

And this just in… the red clown leadership is taking the bait!

Boehner to GOP: Grand Bargain in the Works

House Republicans tell me Speaker John Boehner wants to craft a “grand bargain” on fiscal issues as part of the debt-limit deliberations, and during a series of meetings on Wednesday, he urged colleagues to stick with him.

The revelation came quietly. Boehner called groups of members to his Capitol office all day, taking their temperature on the shutdown and the debt limit. It became clear, members say, that Boehner’s chief goal is conference unity as the debt limit nears, and he’s looking at potentially blending a government-spending deal and debt-limit agreement into a larger budget package.

“It’s the return of the grand bargain,” says one House Republican, who requested anonymity to speak freely. “There weren’t a lot of specifics discussed, and the meetings were mostly about just checking in. But he’s looking hard at the debt limit as a place where we can do something big.”

But can the red clown leadership bring along the rank and file?

The Red Clowns Try To Put Their Scary Monster Back In the Closet

The Ringmaster is clearly ready to do the business and the bidding of the Beltway Bigtop funders.  

In order to signal this to one and all, the Ringmaster has taken to the center ring, lit a fire and is sending up smoke signals to announce that he has appointed his former “opponent,” Mitt T. Redclown’s policy director, currently a fellow at the Hoover Institution Clown College, to the Social Security Advisory Board.

Given the red clowns’ expressed desire to “roll back the new deal,” will they come to the table to take down the programs that red clown funders and the blue clown funders both want gone?

It looks like the red clowns will have to deal with the remnants of a rather unweildy stage prop that they made for previous shows in order to get down to business:

Frankenstein 1 by Mazzastick[T]here is no doubt that the Republican right in the age of Obama, and to some extent before that, in its desire to roll back what’s left of the welfare state, what’s left of the New Deal, and back in the Reagan era, in order to crush what was left of the New Deal era, did call, has called into being an almost Frankenstein-like monster in the form of Fox News, a far right-wing talk radio network, and has really created a kind of almost frothing constituency in these very tightly gerrymandered, often rural, white congressional districts. …

And these people seem to have gone just completely off of the reservation. And it’s gotten to the point that the big capitalist elites that called them into being are now sort of horrified of them. And you see The Wall Street Journal in particular, and some of the old-line more centrist type of Republicans like John McCain and Senator Corker from Tennessee, calling them “wacko birds” and being horrified by them. But, you know, the GOP establishment created all of this in many ways. …

[T]hey’ve really cultivated a group of people who are motivated by some pretty dark, almost proto-fascistic, certainly racist … people who don’t seem to know where to stop and really are just sort of, you know, Ted Cruz stand your ground, who are willing to go all the way, you know, go to the wall to stop this horrific Obamacare, which they have been told by Fox News and Rush Limbaugh and the rest of the right-wing talk machine noise machine is some sort of incredible socialist government intervention in the health care system, which is, of course, completely preposterous, ’cause Obamacare is a fairly center-right corporate-friendly health care intervention. It was designed in part to head off the real social democratic and majority-supported health reform, which was single-payer.

Ironically it is the red clowns’ “Frankenstein Monster” (courtesy of the Koch Clowns, Rupert T. Redclown and Rush T. Redclown among others) that has so far saved the audience from the implementation of cuts to “socialist” entitlement programs which are opposed by the vast majority of the audience.

As the clock ticks down to the Debt Limit Doomsday, can the red clowns tame their Fractious Frankenstein monster?

The Ringmaster and most of the blue clowns are happy to enact much of the red clowns’ agenda (because it is also the blue clowns’ agenda) so long as the red clowns can conveniently be the final recipient of the hot potato of blame. The blue clowns are just too cowardly to enact the corporate agenda of the Beltway Bigtop funders all at once; they mean to implement it in tiny pieces, much like the effect of the Ringmaster’s chained cpi, in hopes that the slow implementation will suppress audience outrage.

Stay tuned! And stay tuned after the main event, because the  blue clowns and the red clowns are already making plans for a joint project to benefit the Union of Pickpockets and Banker Bozos just as soon as the center ring goes dark between acts.

Wall Street Deregulation Bills Likely To Attract Bipartisan Support After Shutdown Negotiations

Attention aux PickPockets (dans La Tour Eiffel) by dullhunkWhen the drama surrounding a government shutdown abates, the House of Representatives expects to take up legislation to expand taxpayer support for derivatives, the complex financial products at the heart of the 2008 meltdown. And while traditionally straightforward tasks like funding the federal government have become raucously contentious in recent weeks, a bill subsidizing Wall Street banks is likely to garner significant bipartisan support.

Also on the post-shutdown agenda is legislation that would prevent the Department of Labor and the SEC from implementing new consumer protection standards for 401(k) accounts and other retirement funds.

Both bills are efforts to roll back reforms that passed under the 2010 Dodd-Frank financial reform bill. A small cadre of liberal Democrats are marshaling opposition to the bills, but still expect dozens of Democrats to join a united Republican Party in passing the legislation.

“As we’re trying to forestall a government shutdown, we’ve got these ugly financial services bills on the horizon,” said Rep. Keith Ellison (D-Minn.), co-chair of the House Progressive Caucus. “It’s a multi-pronged attack on the middle class.”

Grand Bargain Circus – Midnight on the Highwire

Midnight on the Highwire

tight rope bike

Welcome back circus fans!  The drama under the Beltway Bigtop is rising ever higher as the antics of the red clowns have captured the show.  The clowns are still refusing to get in their car and leave the stage.  

US Demands India Block Production Of Low-Cost Generic Drugs

One of the biggest drivers of health care costs to the patient is medication. Pharmaceutical companies who hold the patents often make minor changes in the drug to gain a new patent and applying for a new patent on essentially the same drug. This is called “evergreening.” A paper in PLOS examined the economic impact of this practice:

The researchers identified prescriptions of eight follow-on drugs issued by hospital and community pharmacists in Geneva between 2000 and 2008. To analyze the impact of evergreening strategies on healthcare spending, they calculated the market share score (an indicator of market competitiveness) for all prescriptions of the originally patented (brand) drug, the follow-on drug, and generic versions of the drug. The researchers then used hospital and community databases to analyze the costs of replacing brand and/or follow-on drugs with a corresponding generic drug (when available) under three scenarios (1) replacing all brand drug prescriptions, (2) replacing all follow-on drug prescriptions, and (3) replacing both follow-on and brand prescriptions. [..]

Using these methods, the researchers found that over the study period, the number of patients receiving either a brand or follow-on drug increased from 56,686 patients in 2001 to 131,193 patients in 2008. The total cost for all studied drugs was €171.5 million, of which €103.2 million was for brand drugs, €41.1 million was for follow-on drugs, and €27.2 million was for generic drugs. Based on scenario 1 (all brand drugs being replaced by generics) and scenario 2 (all follow-on drugs being replaced by generics), over the study period, the healthcare system could have saved €15.9 million and €14.4 million in extra costs, respectively. The researchers also found some evidence that hospital prescribing patterns (through a restrictive drug formulary [RDF]) influenced prescribing in the community: over the study period, the influence of hospital prescription patterns on the community resulted in an extra cost of €503,600 (mainly attributable to two drugs, esomeprazole and escitalopram). However, this influence also resulted in some savings because of a generic drug listed in the hospital formulary: use of the generic version of the drug cetirizine resulted in savings of €7,700.

(emphasis mine).

In a post at his blog, law professor Jonathan Turley explains how President Barack Obama has yielded to the pressures of the pharmaceutical industry and pushed to block access the inexpensive generic drugs, demanding India, one of the world’s largest suppliers of generic drugs, block production of the low cost medications:

Millions of Americans struggle on a daily basis to afford medicine in the United States which is the highest in the world. Many seek affordable drugs by driving to Canada or seeking medicine (as well as medical care) in India. Yet, one of the first things that President Obama did in the new health care law was to cave to a demand by the powerful pharmaceutical lobby to drop provisions guaranteeing cheaper medicine. The lobby then got Congress to block two measures to guarantee affordable medicine. With billions at stake, Congress and the White House again yielded to the demands of this industry, which is sapping the life savings away of millions of families. Given this history, many are concerned about a meeting planned between Obama and the Prime Minister of India. Public interest groups object that Obama is threatening retaliation against India in the hopes of blocking one of the major alternatives for families in acquiring affordable medicine. Congress has also again responded to industry demands for pressure in India to change its laws and, as a result, raise the cost of medicine. Doctors Without Borders, a highly respected medical group, has denounced the effort of the Obama Administration as threatening basic health care for its own citizens and those around the world.

From Doctors Without Boarders press release:

On the eve of a meeting between US president Barack Obama and Indian prime minister Manmohan Singh at the White House, the international medical humanitarian organization Doctors Without Borders/Médecins Sans Frontières (MSF) today warned that India faces retaliatory political pressure from the US government and pharmaceutical industry for its efforts to legally limit abusive patenting practices and to increase access to affordable generic medicines.

Pharmaceutical companies are aggressively lobbying congress and the Obama administration in a broad campaign to press India into changing its intellectual property laws. India is a critical producer of affordable medicines, and competition among generic drug manufacturers there has brought down the price of medicines for HIV, TB, and cancer by more than 90 percent. [..]

The pharmaceutical lobby, led by Pfizer, is currently engaged in a concerted effort to pressure India to change its intellectual property laws. In June, 170 members of US congress wrote a letter to President Obama urging him to send a “strong signal” to India’s high-level officials about its intellectual property policies, and numerous congressional hearings have been held in the past year designed in part to criticize India’s robust defense of public health. Several interest groups have been created to lobby the US government about India’s policies and in early September, US congressional trade leaders requested that the US International Trade Commission initiate an official investigation on India’s intellectual property laws. [..]

Earlier this year, Novartis lost a seven-year-battle to claim a patent on the salt form of the cancer drug imatinib, marketed as Gleevec. The Indian Supreme Court ruled that this new formulation did not meet the patentability requirement in Indian patent law, which limits the common pharmaceutical industry practice of “evergreening,” or extending drug patents on existing drugs in order to lengthen monopolies. [..]

These decisions by the Indian judiciary and government are compliant with all existing international law, including those rules outlined in the World Trade Organization Agreement on Trade Related Aspects of Intellectual Property (TRIPS) and the Doha Declaration on TRIPS and Public Health. Both defend access to existing medicines by allowing countries to use legal flexibilities such as patent oppositions and compulsory licenses to overcome intellectual property barriers. Nevertheless, some US pharmaceutical companies are crying foul, and wrongly accusing India’s patent system of not being consistent with TRIPS.

(all emphasis mine)

As Prof. Turley points out, India is forcing down the cost of drugs making life saving drugs available to millions. If Big Pharma is successful the impact will be life threatening to millions around the world.

“A Naked Declaration of Imperialism”

On Tuesday, President Barack Obama addressed the world at the 2013 UN General Assembly meeting in New York City. He mostly touted the US policy in the Middle East and the so-called right of the US to interfere with the sovereign nations of the region. Even though the president has directed Secretary of State John Kerry to meet with Iran’s Foreign Minister over Iran’s nuclear program, he again declared that the US can use force to stop what there is no evidence of, an Iranian nuclear weapon. The speech, a neo-con’s dream, was littered with lies, as enumerated by David Swanson.

2. “(P)eople are being lifted out of poverty,” Obama said, crediting actions by himself and others in response to the economic crash of five years ago. But downward global trends in poverty are steady and long pre-date Obama’s entry into politics. And such a trend does not exist in the U.S. [..]

4. “Together, we have also worked to end a decade of war,” Obama said. In reality, Obama pushed Iraq hard to allow that occupation to continue, and was rejected just as Congress rejected his missiles-for-Syria proposal. Obama expanded the war on Afghanistan. Obama expanded, after essentially creating, drone wars. Obama has increased global U.S. troop presence, global U.S. weapons sales, and the size of the world’s largest military. He’s put “special” forces into many countries, waged a war on Libya, and pushed for an attack on Syria. How does all of this “end a decade of war”? And how did his predecessor get a decade in office anyway? [..]

6. “We have limited the use of drones.” Bush drone strikes in Pakistan: 51. Obama drone strikes in Pakistan: 323. (That they have admitted to. TMC [..]

8. “… and there is a near certainty of no civilian casualties.” There are hundreds of confirmed civilian dead from U.S. drones, something the Obama administration seems inclined to keep as quiet as possible. [..]

13. “How do we address the choice of standing callously by while children are subjected to nerve gas, or embroiling ourselves in someone else’s civil war?” That isn’t a complete list of choices, as Obama discovered when Russia called Kerry’s bluff and diplomacy became a choice, just as disarmament and de-escalation and pressure for a ceasefire are choices. Telling Saudi Arabia “Stop arming the war in Syria or no more cluster bombs for you,” is a choice. [..]

14. “What is the role of force in resolving disputes that threaten the stability of the region and undermine all basic standards of civilized conduct?” Force doesn’t have a role in civilized conduct, the most basic standard of which is relations without the use of force. [..]

17. “It is an insult to human reason – and to the legitimacy of this institution – to suggest that anyone other than the regime carried out this attack.” Really? In the absence of evidence, skepticism isn’t reasonable for this Colin-Powelled institution, the same U.N. that was told Libya would be a rescue and watched it become a war aimed at illegally overthrowing a government? Trust us? [..]

There are 45 cringe worthy lies in David’s dissection of the president’s speech.

Author and national security correspondent for The Nation, appearing with Amy Goodman and Nermeen Shaihk on Democracy Now! called the president’s speech “a really naked declaration of imperialism.



Transcript can be read here

During this section of the speech my jaw sort of hit the floor. He basically came out and said the United States is an imperialist nation and we are going to do whatever we need to conquer areas to take resources from around the world. I mean, it was a really naked sort of declaration of imperialism, and I don’t use that word lightly, but it really is. I mean, he pushed back against the Russians when he came out and said I believe America is an exceptional nation. He then defended the Gulf War and basically said that the motivation behind it was about oil and said we are going to continue to take such actions in pursuit of securing natural resources for ourselves and our allies. I mean, this was a pretty incredible and bold declaration he was making, especially given the way that he has tried to portray himself around the world. On the other hand, you know, remember what happened right before Obama took the stage is that the president of Brazil got up, and she herself is a former political prisoner who was abused and targeted in a different lifetime, and she gets up and just blasts the United States over the NSA spy program around the world.

Obama’s UN Speech: Packaging Neoconservative Values in the Language of Peace & Liberation

by Kevin Gosztola, FDL The Dissenter

The speech President Barack Obama delivered at the United Nations General Assembly was a neoconservative foreign policy speech, the kind of speech one might have heard President George W. Bush deliver in the midst of the Iraq War to defend decisions made by those ruling America.

Both Robert Kagan and William Kristol, leading American neoconservatives, argued in 1996, “Without a broad, sustaining foreign policy vision, the American people will be inclined to withdraw from the world and will lose sight of their abiding interest in vigorous world leadership. Without a sense of mission, they will seek deeper and deeper cuts in the defense and foreign affairs budgets and gradually decimate the tools of US hegemony.”

The hegemon or paramount power that neoconservative policy thinkers like Kagan and Kristol consider America to be passed on an opportunity to show “leadership” by striking Syria. Obama was acutely aware that the United States was not in control of the developing response to the crisis in Syria. His speech was an opportunity to reassert American power, especially in the Middle East and North Africa. [..]

Now, America has drone bases to make war permanent. It has a massive surveillance apparatus that Obama is more than willing to defend and utilize against any country in the world that threatens its power. Though all countries may seek to spy on one another to decide what to do diplomatically, no country can match the technological capabilities of the United States as it bugs and spies on diplomatic missions of countries to remain supreme.

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