Tag: Politics

Wikileaks Releases TPP Secret Text on International Property Rights

SOPA Reddit Warrior photo refresh31536000resize_h150resize_w1.jpg Details of a highly secretive, multi-national trade agreement in the works have been published by WikiLeaks, and a warning there will be vast implications for much of the modern world if the contract is approved.

WikiLeaks has released the draft text of a chapter of the Trans-Pacific Partnership (TPP) agreement, a multilateral free-trade treaty currently being negotiated in secret by 12 Pacific Rim nations.

The full agreement covers a number of areas, but the chapter published by WikiLeaks focuses on intellectual property rights, an area of law which has effects in areas as diverse as pharmaceuticals and civil liberties.

Negotiations for the TPP have included representatives from the United States, Canada, Australia, New Zealand, Japan, Mexico, Malaysia, Chile, Singapore, Peru, Vietnam, and Brunei, but have been conducted behind closed doors. Even members of the US Congress were only allowed to view selected portions of the documents under supervision.

Here is the full text of press release by Wikileak’s founder Julian Assange

Today, 13 November 2013, WikiLeaks released the secret negotiated draft text for the entire TPP (Trans-Pacific Partnership) Intellectual Property Rights Chapter. The TPP is the largest-ever economic treaty, encompassing nations representing more than 40 per cent of the world’s GDP. The WikiLeaks release of the text comes ahead of the decisive TPP Chief Negotiators summit in Salt Lake City, Utah, on 19-24 November 2013. The chapter published by WikiLeaks is perhaps the most controversial chapter of the TPP due to its wide-ranging effects on medicines, publishers, internet services, civil liberties and biological patents. Significantly, the released text includes the negotiation positions and disagreements between all 12 prospective member states.

The TPP is the forerunner to the equally secret US-EU pact TTIP (Transatlantic Trade and Investment Partnership), for which President Obama initiated US-EU negotiations in January 2013. Together, the TPP and TTIP will cover more than 60 per cent of global GDP. Both pacts exclude China.

Since the beginning of the TPP negotiations, the process of drafting and negotiating the treaty’s chapters has been shrouded in an unprecedented level of secrecy. Access to drafts of the TPP chapters is shielded from the general public. Members of the US Congress are only able to view selected portions of treaty-related documents in highly restrictive conditions and under strict supervision. It has been previously revealed that only three individuals in each TPP nation have access to the full text of the agreement, while 600 ‘trade advisers’ – lobbyists guarding the interests of large US corporations such as Chevron, Halliburton, Monsanto and Walmart – are granted privileged access to crucial sections of the treaty text.

The TPP negotiations are currently at a critical stage. The Obama administration is preparing to fast-track the TPP treaty in a manner that will prevent the US Congress from discussing or amending any parts of the treaty. Numerous TPP heads of state and senior government figures, including President Obama, have declared their intention to sign and ratify the TPP before the end of 2013.

WikiLeaks’ Editor-in-Chief Julian Assange stated: “The US administration is aggressively pushing the TPP through the US legislative process on the sly.” The advanced draft of the Intellectual Property Rights Chapter, published by WikiLeaks on 13 November 2013, provides the public with the fullest opportunity so far to familiarise themselves with the details and implications of the TPP.

The 95-page, 30,000-word IP Chapter lays out provisions for instituting a far-reaching, transnational legal and enforcement regime, modifying or replacing existing laws in TPP member states. The Chapter’s subsections include agreements relating to patents (who may produce goods or drugs), copyright (who may transmit information), trademarks (who may describe information or goods as authentic) and industrial design.

The longest section of the Chapter – ‘Enforcement’ – is devoted to detailing new policing measures, with far-reaching implications for individual rights, civil liberties, publishers, internet service providers and internet privacy, as well as for the creative, intellectual, biological and environmental commons. Particular measures proposed include supranational litigation tribunals to which sovereign national courts are expected to defer, but which have no human rights safeguards. The TPP IP Chapter states that these courts can conduct hearings with secret evidence. The IP Chapter also replicates many of the surveillance and enforcement provisions from the shelved SOPA and ACTA treaties.

The consolidated text obtained by WikiLeaks after the 26-30 August 2013 TPP meeting in Brunei – unlike any other TPP-related documents previously released to the public – contains annotations detailing each country’s positions on the issues under negotiation. Julian Assange emphasises that a “cringingly obsequious” Australia is the nation most likely to support the hardline position of US negotiators against other countries, while states including Vietnam, Chile and Malaysia are more likely to be in opposition. Numerous key Pacific Rim and nearby nations – including Argentina, Ecuador, Colombia, South Korea, Indonesia, the Philippines and, most significantly, Russia and China – have not been involved in the drafting of the treaty.

In the words of WikiLeaks’ Editor-in-Chief Julian Assange, “If instituted, the TPP’s IP regime would trample over individual rights and free expression, as well as ride roughshod over the intellectual and creative commons. If you read, write, publish, think, listen, dance, sing or invent; if you farm or consume food; if you’re ill now or might one day be ill, the TPP has you in its crosshairs.”

Current TPP negotiation member states are the United States, Japan, Mexico, Canada, Australia, Malaysia, Chile, Singapore, Peru, Vietnam, New Zealand and Brunei.

President Barack Obama wants to fast track this travesty through Congress which means there would be little or no debate and it could not be amended. This is a dangerous agreement that will endanger sovereign and individual rights, plunge millions of people around the world into poverty and condemn many of them to death by  limiting access to affordable medicines. It is time to stop this. Join the movement to Stop the TPP and send a message to your representatives telling them to reject the TPP.

As an addendum, I suggest you read Yves Smith at naked capitalism to further understand how secret panels would undermine our law and regulations.

Jump below the fold for the text of the 95 page agreement.

Congressional Game of Chicken: Filibuster Reform Discussed Again

The side show over filibuster and Republican obstruction of President Barack Obama’s appointments to cabinet positions and to vacant seats on the bench, especially to the DC Circuit which hears some of the most important constitutional cases, has once again begun amidst the main event of the failure the roll out of the ACA. Senate Republicans filibustered a judicial nomination to the DC Circuit Court

President Obama’s latest choice to fill one of the vacancies on a powerful appeals court went down in a filibuster on Tuesday as Senate Republicans blocked another White House nominee – the third in two weeks – and deepened a growing conflict with Democrats over presidential appointments.

By a vote of 56 to 41, the nomination of Cornelia T. L. Pillard, a Georgetown law professor, fell short of clearing the necessary 60-vote threshold. [..]

The disagreements carried over onto the Senate floor on Tuesday, as Democrats accused Republicans of blocking a perfectly qualified woman for political purposes, while Republicans said Democrats were desperately looking for a wedge issue.

Looming underneath their disagreements about Ms. Pillard is the likelihood – which appeared to grow considerably on Tuesday – that the fight will escalate and result in a change to the Senate rules to limit the minority party’s ability to filibuster judicial nominees.

Senator Richard J. Durbin, the chamber’s No. 2 Democrat, warned Republicans that they were pushing the Senate dangerously close to a tipping point.

The Republicans attempt to reframe the argument saying that the DC Circuit isn’t as busy as other courts such as the 2nd Circuit in New York. The court handles most of the legal challenges to federal agencies, putting it at the center of fights over regulations – including the healthcare reform law and Obama’s push to regulate greenhouse gas emissions from power plants. After Tuesday’s vote, Senator Charles Grassley (R-IA) said, “We’re going by the standards that Democrats set in 2006.”

Their strategy: lock in the current 4-4 court by eliminating the empty seats and redistributing them to other circuits, because some other courts (ones that aren’t the first recourse for people suing Congress over legislation) have more cases. “In 2012, there were 512 ‘administrative appeals’ filed in D.C.,” said Grassley on Tuesday. “In the 2nd Circuit, there were 1,493. Stated differently, in D.C. there were only 64 administrative appeals per active judge. The 2nd Circuit has nearly twice as many with 115.”

That framing, which seemed like a stretch-no one also denies that the D.C. Circuit gets more pivotal cases than the 2nd Circuit-has since been universally adopted by the right. Ohio Sen. Rob Portman, the sort of Republican whom Democrats like to cut deals with, has endorsed Grassley’s Court Efficiency Act because it would “bring a reasonable end to the destructive partisan fights to which both parties have contributed.” A third-party ad hitting Arkansas Sen. Mark Pryor (a Gang of 14 member) right now accuses him of trying to “pack a key court with liberal judges” because he doesn’t want to eliminate the three open seats. Grassley points out that Democrats blocked a 2006 Bush nominee on the grounds that the seat didn’t need to be filled-what more evidence does he need?

“We’re going by the standards that Democrats set in 2006,” said Grassley after Tuesday’s vote. “They said that we didn’t need any more judges. And that’s exactly what I’m telling ’em, what they said! We’re just doing what they said. They set the standard and they can’t say we’re doing this because we’ve got a Democratic president, because I got a judge removed, the 12th one removed, when we had a Republican president.””

The problem with Grassley’s argument is that in 2006, the Republican’s got what they wanted. By threatening the “nuclear option,” the Democrats backed down and three very conservative, ideologues were appointed to the DC circuit. Funny how the Republicans can now support that which they opposed seven years ago.

Support for filibuster reform picked up a new supporter after the vote, Senate Judiciary Committee Chair Patrick Leahy (D-VT).

“If the Republican caucus continues to abuse the filibuster rule and obstruct the president’s fine nominees to the D.C. Circuit, then I believe … a rules change should be in order,” Leahy said on the Senate floor, just before Republicans blocked Nina Pillard’s confirmation to the D.C. Circuit Court of Appeals.

“That is not a change that I’ve wanted to see happen,” he continued. “But if Republican senators are going to hold nominees hostage without consideration of a nominee’s individual merits, drastic measures may be warranted.”

Leahy, laughing at the Republican excuse that each judge costs $1 million per year, stated the Republican government shut down cost billions of dollars that would have funded those appointments for years.

Contributing editor at the National Journal and resident scholar at the conservative American Enterprise Institute, Norm Ornstein laid out his reasons why it was time to stop the filibuster madness

Mel Watt was nominated by President Obama to head the Federal Housing Finance Agency-and was blocked by a Republican filibuster. The rationale that Watt was not qualified for the position was flimsy at best. If individual senators wanted to vote against him, they certainly have the right to do so on any basis. But to deny the president his choice for this post, a veteran and moderate lawmaker with sterling credentials and moral character, via filibuster, is nothing short of outrageous. Only two Republicans in the Senate, Rob Portman and Richard Burr, Watt’s colleague from North Carolina, voted for cloture.

Watt was not the only victim of a drive-by filibuster; so was Patricia Millett, a superbly qualified and mainstream nominee for the D.C. Circuit Court of Appeals. Only two Republicans supported cloture here; Lisa Murkowski and Susan Collins, and three others voted “present” (which was no help, since anything but a vote for cloture is meaningless with a rule requiring 60 votes, period, to end debate). The rationale here was even more flimsy than that used against Watt, namely that Obama is trying to “pack” the D.C. Circuit. FDR tried to “pack” the Supreme Court by adding seats to the existing Court. Barack Obama is moving to fill long-standing vacancies on the D.C. Circuit. On this Circuit, thanks to a slew of retired judges appointed by presidents long gone, conservatives have an edge that Mitch McConnell is determined to keep no matter what.

When Harry Reid and McConnell reached a deal on filibusters in January, it was clear that a key component of that deal was that Republicans in the Senate would give due deference to a newly reelected president in his executive nominations, and would only oppose judicial nominations for courts of appeals under “extraordinary circumstances,” which clearly means judges without clear qualifications or experience, or extreme ideologies. No one could accuse Millett of either of those characteristics. This is all about denying a president the right to pick judges to fill existing vacancies. Two more nominees for the D.C. Circuit are coming up soon, the real test of whether Republicans will continue to flout the January agreement and threaten fundamental comity in the Senate. [..]

If the other two D.C. Circuit nominees are filibustered and blocked, I would support Harry Reid’s move to change the rules now, to move from a 60-vote requirement to stop debate and vote to a 40-vote requirement to continue debate. The argument that if he does so, Republicans will do the same thing when they take the White House and Senate is a bad one: Can anyone doubt that McConnell would blow up the filibuster rule in a nanosecond if he had the ability to fill all courts with radical conservatives like Janice Rogers Brown for decades to come? I hope it does not come to this-and that the problem solvers in the Senate keep their titles, preserve their institution, and stop the filibuster madness.

But does Senate Majority Leader Harry Reid have the votes? Even with Leahy’s support this time, there may not be the 51 votes needed.

“If we can’t move ahead based on how the procedures have been perverted, we need to fix the procedures. That’s the deal,” said Larry Cohen, president of Communications Workers of America, which is leading a coalition lobbying for changes to filibuster rules.

Cohen said Reid “is willing” to change the rules but “the question is whether the leader can get 50 Democrats, not 49 or 48, to sustain that motion.”

A senior Democratic aide said Reid has not conducted a recent whip count and questioned how outside groups or rank-and-file Democratic senators would know the vote count if the leader attempted a rule change immediately.

“Any declarative statements at this point are extremely premature,” said the senior aide.

A cloture vote on the nomination on Robert Wilkins, a third nominee to the court, will be held in the near future. The Republicans have already indicated that his  nomination will also be filibustered. We’ll see if reform of this antiquated, misused rule gains more support after that.  

Punting the Pundits

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Wednesday is Ladies’ Day.

Follow us on Twitter @StarsHollowGzt

Yves Smith: Student Debt Is Crushing the Economic Future of the Young

If a bad job market wasn’t damaging enough, the cost of paying off student loans does much more harm to the long-term prospects of young people than is commonly realized.

Bill H at Angry Bear has been having a long-running argument over a dubious effort by the CBO to cook the books yet again (we’ve covered past efforts: for a partial list, see here here, here, and here). He’s been criticizing the CBO (correctly) for changing its valuation method for student loans to something called Fair Market Valuation. Bill H contends the new approach is bunk. Currently, because borrowers can’t escape student loans, servicers collect $1.22 on the $1 when a loan goes into default. But perversely, the “Fair Market Valuation” method anticipates that loans going into default result in losses. That’s awfully convenient, since it justifies charging higher interest rates. As Bill H argues by e-mail: :There is no history of government-backed student loans being risky and the cost is $.94 on each dolar loaned. A student loan is 99% inescapable.”

He continues that discussion in a current post, Ripping Off College Students’ Economic Future, and there is an additional part of his analysis that seldom gets much public attention, which namely is the lifetime cost of student loans. It’s much higher than you’d think, since the need to retire the debt means that young people start saving later, which means they buy house later (if ever) and accumulate less in the way of retirement assets. But the amount lost isn’t just the borrowings plus the interest payments. By not having savings early in their working life, they miss the effect of having them compound those extra years. That has a much bigger effect than you’d imagine.

Katrina vanden Heuvel: The ‘Democratic Wing’ of the Democratic Party Wakes Up

What a difference a year makes. In 2012, Politico was reporting that Democrats had gone “AWOL in class war.” Occupy had come and gone by the spring. Mitt Romney’s Republican primary rivals were harsher on his “vulture capitalism” than President Obama was. Labor was under siege across the country. Liberals were focused on social issues like gay rights and abortion. The Tea Party had captured the (faux) populist mantle and was still riding high.

No longer. The Tea Party discredited itself with its government shutdown and threat of defaulting on American obligations. And the populist temper in the Democratic Party has been unleashed, once the president was safely reelected.

Now the simmering tensions between what former Senator Paul Wellstone called “the Democratic wing of the Democratic Party” and the Wall Street wing of that party have begun to boil. Populist Bill de Blasio is elected mayor of New York calling for raising taxes on the wealthy to pay for pre-K for every child. Bill Daley, early favorite in the Illinois race for governor, doesn’t make it out of the Democratic primary, as he is skewered as an ex-lobbyist for JPMorgan Chase. The New Republic puts rows of Sen. Elizabeth Warren’s face on its cover with the headline “Hillary’s nightmare.”

Zoë Carpenter: Twice Betrayed, Survivors of Military Sexual Trauma Face Discrimination at the VA

According to Ruth Moore, she was 18, just months out of Navy boot camp when an officer raped her, twice. Although Moore reported the crimes to a chaplain, her attacker was never prosecuted. After a suicide attempt and a stay in a psychiatric facility, Moore was repeatedly denied disability compensation from the Department of Veterans Affairs for Post-Traumatic Stress Disorder, because the VA said she could not prove the rape.

The VA discriminates against thousands of military sexual trauma (MST) survivors like Moore each year, alleges a new report by the American Civil Liberties Union, the Service Women’s Action Network and the Veterans Legal Service Clinic at Yale Law School. In trying to obtain compensation for the impact of sexual trauma on their mental health, survivors face bureaucratic hurdles and long delays. Ultimately, a disproportionate number of their claims are rejected.

The report is based on previously withheld data that the VA released to settle Freedom of Information Act lawsuits brought by the Yale clinic. The numbers reveal that the VA grants disability claims for PTSD related to sexual assault at significantly lower rates than for PTSD caused by other types of trauma. In 2011, for example, the VA granted benefits to 74.2 percent of veterans who submitted non-MST-related trauma claims, but only to 44.6 percent of those with MST-related PTSD, a gap of nearly 30 percent.

Karen Johnson: Bad Food, Bad Policy, Bad Gut Reaction

That the macrocosm is in the microcosm is not conjecture, but the reality of good digestion. What we eat becomes our flesh and bone built directly from air breathed, water drank, and soil nourishing a plant. Clean air, water, and soil have long been the concerns of the environmental movement, but as a food advocate, I’ve gone beyond the farm and farmer to conclude that optimal functioning of the human microbiome, known as our “gut flora”, is a reflection of good health – within our selves, our culture, and the environment.

With the epidemic of obesity and other digestive disorders, the collective gut is telling us that the food system and supporting environment is flat out broken.

There is growing evidence that compromised, imbalanced gut flora, resulting from a combination of environmental toxins, genetically modified food, overuse of antibiotics, and chronic stress has a strong link to increasing incidence of disorders like autism, Alzheimers, and multiple sclerosis.

Taliesin Nyala: Work Should Adapt to Mothers: Human Shapes Don’t Fit Inhuman Holes

The argument over women – as workers, mothers, partners and wives – “having it all,” “opting out” or “leaning in” distracts and detracts from the fact that we’re squabbling over a failed economic system that doesn’t work for the majority of people.

As an employed mother, I keep coming back to this question: Why are we scrambling to figure out how to bend ourselves into the right shape to fit into a business culture that is inherently flawed?

Instead of having women change to fit the workplace, we need to overhaul the current system to fit the needs of women and their families. Working mothers need to have an equal voice in directing their workplaces and creating the mission, values and ethos of their organizations.

Medea Benjamin: Will Jeh Johnson Make the Homeland More Secure?

Jeh Johnson, President Obama’s pick to replace outgoing Secretary Janet Napolitano as head of the Department of Homeland Security, will appear before the Senate Homeland Security Committee this week for his confirmation hearing. Johnson is an obscure figure to the general public, but his likely confirmation does not bode well for human rights, or your civil liberties. Johnson is civil and criminal trial lawyer who made millions defending corporations such as Citigroup and R.J. Reynolds Tobacco. His government positions included a stint as New York assistant US attorney and general counsel for the Pentagon from 2009 to 2012, during President Obama’s first term.  

Johnson’s nomination came as a surprise even to the Washington beltway crowd. In a July National Journal poll asking more than 100 defense and foreign policy experts who should replace retiring Homeland Security Secretary Janet Napolitano, suggestions included retired Coast Guard admiral Thad Allen (he oversaw relief efforts for Hurricanes Katrina and Rita, which is one of the department’s responsibilities), Homeland Security undersecretary Rand Beers, number two at department Jane Holl Lute, NYC police commissioner Ray Kelly, and former California Congresswoman Jane Harman. Not a single person cited Jeh Johnson. [..]

One reason for Johnson’s unexpected nomination might well have to do with money. He was a heavy-weight fundraiser for Obama, raising more than $200,000 during Obama’s first campaign for office, according to USA Today reported in 2009. During the 2008 race, Obama’s campaign website listed Johnson as a member of his national finance committee. Federal records show that Johnson has personally contributed over $100,000 to Democratic groups and candidates, including influential senators such as Chuck Schumer, Dick Durbin and James Clyburn.

Erika Sánchez: America’s Dumbest Idea: Creating a Multiple-Choice Test Generation

Standardized testing means more rote memorization and less time for creativity. Students aren’t prepared for college and life

No Child Left Behind, which was passed in 2001, mandated that states use test scores to determine whether schools were succeeding or failing. Unfortunately, this emphasis on testing had dire consequences. Even initial supporters, such as Diane Ravitch, an education historian and former assistant secretary of education in George Bush senior’s administration, realized how detrimental these measures were. [..]

And Ravitch doesn’t believe that Common Core is the solution to this crisis in education either. Now all states must adopt Common Core or similar standards approved by state higher education officials if they want to receive federal waivers from No Child Left Behind. Ravitch feels that these new standards are being imposed on children with little evidence of how they will affect students, teachers, or schools.

“I only see it getting worse”, says one of my friends, a fourth grade teacher in Chicago. “Common Core standards have been added to our Illinois testing now, which are much, much more challenging standards. This means learning a whole new test for the teachers and students.” Not only are these requirements causing a lot of stress, she says that the materials for the tests are also very expensive. A report from Truthout has outlined Common Core’s various corporate connections. Clearly the objective is profit, not a rigorous and nuanced education that will benefit students in the long run.

Spying on Democracy for a Price

The Central Intelligence Agency (CIA) is prohibited by law from spying on the domestic activities of Americans but that hasn’t stopped them from paying a giant telecommunications company for the phone records of Americans making call overseas, as reported by the New York Times in an article by Charlie Savage:

The C.I.A. is paying AT&T more than $10 million a year to assist with overseas counterterrorism investigations by exploiting the company’s vast database of phone records, which includes Americans’ international calls, according to government officials. [..]

The program adds a new dimension to the debate over government spying and the privacy of communications records, which has been focused on National Security Agency programs in recent months. The disclosure sheds further light on the ties between intelligence officials and communications service providers. And it shows how agencies beyond the N.S.A. use metadata – logs of the date, duration and phone numbers involved in a call, but not the content – to analyze links between people through programs regulated by an inconsistent patchwork of legal standards, procedures and oversight.

Author of Spying on Democracy: Government Surveillance, Corporate Power, and Public Resistance, Heidi Boghosian joined Bill Moyers on Moyers and Company to discuss spying and  our civil liberties



Transcript can be read here

Book Excerpt: Spying on Democracy

by Heidi Boghosian

In describing the National Security Agency’s (NSA) Terrorist Identities Datamart Environment (TIDE), best-selling author James Bamford, whose reporting in the 1980s revealed the existence of the NSA, calls the database used to store names gathered from the federal eavesdropping programs a disaster. The advent of digital communications and mass storage, he says, coupled with a failure of law and policy to keep abreast of technological advancements and an NSA “where the entire world’s knowledge is stored, but not a single word understood,” yields “the capacity to make tyranny total in America.”

Much of the information in government databases such as TIDE is collected with the cooperation of corporations. Although the US surveillance state is colossal in scope, Americans need not be complicit in sustaining it. Tethered to electronic gadgets, under watchful corporate and government command, Americans have a choice about the amount of information afforded to authorities. We can embrace the positive aspects of technology while electing to actively resist and dismantle its invasive and anti-democratic aspects.

To do so, it is essential to reject outright the premise on which a domestic surveillance grid has been erected: that it makes us safer. Comprehensive monitoring and the targeting of certain individuals and social networks for greater observation, is demonstrably ineffective in its purported function of making Americans more secure.

 

Punting the Pundits

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Follow us on Twitter @StarsHollowGzt

Dean Baker: Want ‘free trade’? Open the medical and drug industry to competition

Agreements like the Trans-Pacific Partnership distribute wealth upward. Real ‘free trade’ can lower medical costs for everyone

Free trade is like apple pie, everyone is supposed to like it. Economists have written thousands of books and articles showing how everyone can gain from reducing trade barriers. While there is much merit to this argument, little of it applies to the trade pacts that are sold as “free-trade” agreements.

These deals are about structuring trade to redistribute income upward. In addition these agreements also provide a mechanism for over-riding the democratic process in the countries that are parties to the deals. They are a tool whereby corporate interests can block health, safety, and environmental regulations that might otherwise be implemented by democratically elected officials. This is the story with both the Trans-Pacific Partnership (TPP) now being negotiated by General Electric, Merck and other major corporations who have been invited to the table, as well as the EU-US trade agreement.

Richard (RJ) Eskow: The Shamelessness of Bankers

It’s not easy to maintain a civil tone while describing the magnitude of the misbehavior among executives at Wall Street’s largest institutions. To criticize bankers is to describe large-scale wrongdoing, mass-produced outrage which leads to widespread misery. It can’t be done without routinely deploying words like “perjury,” “forgery,” “fraud,” “deceit,” “corruption,” and “rapaciousness.”

Unfortunately, the forms of speech which adequately convey big-banker behavior also make it easy for insiders in politics, government, and the media to dismiss that same speech as excessive.

That’s one reason why some recent remarks by William Dudley, President of the New York Federal Reserve Bank, are so important. He’s no outsider, and he’s no extremist. And yet, after exploring potential solutions to the “too big to fail” problem in a speech to Global Economic Policy Forum last week, Dudley went on to discuss what he called “the apparent lack of respect for law, regulation and the public trust.”

John Nichols: A Doctor With a Cure: ‘Medicare for All’

Gene Farley and I shared a deep affection for Tommy Douglas, the Baptist preacher-turned-statesman who as the leader of Saskatchewan’s Cooperative Commonwealth Federation established the framework for what would become Canada’s single-payer national healthcare system. [..]

Paraphrasing Tennyson, Douglas roused Canadians with a promise: “Courage, my friends; ’tis not too late to build a better world.” That line always came to mind when I was with Gene, who died Friday at 86.

Gene was an internationally renowned physician, an originator of family practice residency programs and innovative public-health initiatives who finished a distinguished academic career as chair of the Department of Family Medicine at the University of Wisconsin. [..]

It is, Gene said, “about morality.”

Canada came to recognize that morality, embracing the vision of Tommy Douglas.

And it is right and necessary to expect that America will come to recognize that morality, embracing the vision of Gene Farley.

Ralph Nader: Target — The Emperor Has No Clothes!

What’s the difference between Target and Walmart? Many liberal-minded people bristle at the name Walmart and think of its well-documented history of low wages, poor employee treatment and its devastating effect on many small businesses and communities across America. Target, on the other hand, has managed to avoid much of the negativity associated with the Walmart brand. Target has instead tried to cultivate an image as the socially-conscious alternative to Walmart’s evil big box retail empire — it perpetuates the notion that it treats its workers better and provides higher quality goods and services, all without sinking to the same harsh lows as its Bentonville-based competitor. Many so-called “blue states” welcome Target with open arms while shunning Walmart for their anti-worker practices.

So this begs the question — is Target really any better? Is this line of thinking justified?

Paul Buchheit: The Stealthy Killer That Is Capitalism

The process is gradual, insidious, lethal. It starts with financial stress in various forms, and then, according to growing evidence, leads to health problems and shorter lives.

Financial stress is brought upon us by the profit motive of capitalism, which offers little incentive to feed hungry children, to treat the sick, to secure us in retirement, to provide job opportunities for middle-class Americans. Some of the steps in the process are becoming more and more familiar to us. [..]

The facts show that we were a relatively healthy people until unregulated free-market capitalism began to disrupt our lives. Now, because of its winner-take-all profit motive, we’re literally fighting for our lives.

Eric Boehlert: CBS News: We’re Sorry, But Not That Sorry

The message from CBS News, following the high-profile implosion of its October 27 Benghazi report? We’re sorry. But we’re not that sorry.

Coming days after CBS News chief Jeff Fager categorized the Benghazi mess as among the worst blunders in the show’s history, the network’s eagerly awaited apology on Sunday’s night’s 60 Minutes turned out to be an extremely tepid and limited effort, with correspondent Lara Logan taking just 90 seconds to walk back what she described as a sourcing error.

Logan’s correction, in which she conceded the program “made a mistake,” failed to capture the scope of the 60 Minutes Benghazi blunder. She also refused to address the pressing questions about how she and her colleagues produced such a flawed report; a report that 60 Minutes reportedly worked on for an entire year. (Logan’s previous apology on CBS This Morning also failed to address those key issues.) The correction was widely derided by critics as being insufficient and misleading.

You No Longer Have the Right to Remain Silent

Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The Supreme Court recently ruled that refusing to talk to the police can be held against you in a court of law, contrary to the Fifth Amendment.

(I)n a 5-4 ruling on Salinas v. Texas in which the conservative members of the Court and Anthony Kennedy determined that if you remain silent before police read your Miranda rights, that silence can and will be held against you. Here’s what that means.

Basically, if you’re ever in any trouble with police (no, we don’t condone breaking laws) and want to keep your mouth shut, you will need to announce that you’re invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut. “Petitioner’s Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer’s question,” reads the opinion from Justice Samuel Alito (pdf), which Justice Kennedy and Chief Justice John Roberts backed. Justices Thomas and Scalia had a concurring opinion while the remaining four Supremes dissented.

Law Professor Jonathan Turley explains the impact of the ruling

The case began on the morning of December 18, 1992 when two brothers were shot and killed in their Houston home. A neighbor told police that someone fled in a dark-colored car. Police recovered six shotgun shell casings at the scene. Police inteviewed Salinas who was a guest at a party that the victims hosted the night before they were killed. He owned a dark blue car. While this was a noncustodial interview and Salinas answered questions by the police, he stopped answering when a police officer asked whether his shotgun “would match the shells recovered at the scene of the murder.” The record states that, rather than answering “petitioner ‘[l]ooked down at the floor, shuffled his feet, bit his bottom lip, cl[e]nched hishands in his lap, [and] began to tighten up.'” Notably, there was insufficient evidence to charge him with the crime. However, a statement later by another man (who said that Salinas admitted to the killings) led to the charge.

Salinas did not testify at trial, so prosecutors used his silence against him. [..]

Of course, now the police need only to ask questions before putting some into custody to use their silence against them. What is particularly troublesome is how subjective this evidence is. To use the silence and demeanor of a suspect on this question is highly prejudicial and equally unreliable. Yet, now the refusal to answer questions (which is your right) can now be used against you. You can imagine how this new rule can be used any time someone wants to speak with a lawyer or a family member. Police can now recount how they did not assist them or volunteer information.

Citizens will now be able to have protected silence only after being placed in custody. Of course you had that right before that point, but silence would now be incriminating. That gives police every incentive to delay custody – an incentive that already exists due to other rules like Miranda.

An law school professor and former criminal defense attorney tells you why you should never agree to be interviewed by the police.

An Idaho attorney addresses the issue of speaking to the police when you have been accused of a crime. A criminal defense lawyer’s perspective on the pitfalls of submitting to an interrogation. Attorney Craig Atkinson addresses the many issues surrounding the legal system, and how due the nature of the adversarial justice system, a defendant’s best bet is to keep quiet.

Even police officers agree you shouldn’t talk to them.

So if the police or law enforcement want to talk to you what should you do. According to the article in The Atlantic Wire by Alexander Abad-Santos:

Basically, if you’re ever in any trouble with police… and want to keep your mouth shut, you will need to announce that you’re invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut.

Invoke your Fifth Amendment right to remain silent then shut up.  

Dollarocracy: What Last Week’s Election Was Really About

In the wake of last week’s off-off year elections, Bill Moyers sat down with Washington correspondent for The Nation, John Nichols, and professor of communications at the University of Illinois, Robert McChesney, to discuss how big money and big media conglomerates are raking in a fortune, influencing elections and undermining democracy

This past Tuesday, special interests pumped big money into promoting or tearing down candidates and ballot initiatives in elections across the country. It was a reprise on a small scale of the $7 billion we saw going into presidential, congressional and judicial races in 2012. To sway the vote, wealthy individuals and corporations bought campaign ads, boosting revenues at a handful of media conglomerates who have a near-monopoly on the airwaves. [..]

“Democracy means rule of the people: one person, one vote,” McChesney says. “Dollarocracy means the rule of the dollars: one dollar, one vote. Those with lots of dollars have lots of power. Those with no dollars have no power.” Nichols tells Moyers: “Dollarocracy has the ability to animate dead ideas. You can take an idea that’s a bad idea, buried by the voters. Dollarocracy can dig it up and that zombie idea will walk among us.”

An Election About GOP Extremism, Unions, Wages and Dollarocracy

by John Nichols, The Nation

Two states will elect governors Tuesday and one of those governors could emerge as a 2016 presidential contender. The nation’s largest city will elect a mayor, as will hundreds of other communities. A minimum-wage hike is on the ballot. So is marijuana legalization. So is the labeling of genetically-modified foods. And Seattle might elect a city council member who promises to open the fight for a $15-an-hour minimum wage.

Forget the silly dodge that says local and state elections don’t tell us anything. They provide measures of how national developments – like the federal government shutdown – are playing politically. They give us a sense of whether the “war on women” is widening the gender gap. They tell us what issues are in play and the extent to which the political debate is evolving.

Punting the Pundits

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Follow us on Twitter @StarsHollowGzt

Paul Krugman: Plot Against France

On Friday Standard & Poor’s, the bond-rating agency, downgraded France. The move made headlines, with many reports suggesting that France is in crisis. But markets yawned: French borrowing costs, which are near historic lows, barely budged.

So what’s going on here? The answer is that S.& P.’s action needs to be seen in the context of the broader politics of fiscal austerity. And I do mean politics, not economics. For the plot against France – I’m being a bit tongue in cheek here, but there really are a lot of people trying to bad-mouth the place – is one clear demonstration that in Europe, as in America, fiscal scolds don’t really care about deficits. Instead, they’re using debt fears to advance an ideological agenda. And France, which refuses to play along, has become the target of incessant negative propaganda.

Les Leopold: America’s Greatest Shame: Child Poverty Rises and Food Stamps Cut While Billionaires Boom

There are 16.4 million American children living in poverty. That’s nearly one quarter (22.6 percent) of all of our children. More alarming is that the percentage of poor children has climbed by 4.5 percent (pdf) since the start of the Great Recession in 2007. And poor means poor. For a family of three with one child under 18, the poverty line is $18,400. {..]

To add to the misery, Washington has decided that the best way to tackle childhood poverty is to have poor kids eat less. Both parties already have agreed to cut billions from the Supplemental Nutrition Assistance Program (Food Stamps). As of November 1, payments dropped from $668 a month to $632 for more than 47 million lower-income people — 1 in 7 Americans, most of them children.

And more cuts are coming. The Tea Party House passed a bill to cut food stamps by $4 billion a year, while the Democratic-controlled Senate calls for $400 million in cuts. How humane! And since it will be part of the omnibus Farm Bill, President Obama will sign it. (I wonder how our former community organizer will explain this to the poor children he once tried to help in Chicago.)

Jim Hightower: Five Million Missing American Workers

Wall Street analysts, corporate lobbyists, and front groups like the U.S. Chamber of Commerce form an exuberant cheering squad for maintaining the status quo of America’s do-nothing jobs policy. [..]

Well, yes, the official jobless rate has edged down to 7.2 percent, but don’t get giddy, for that’s not the total score. In December 2007, when Wall Street’s reckless greed crashed our economy, the unemployment rate stood at only 5 percent (pdf), the average length of being unemployed was half of today’s, and far fewer people were forced into part-time work or had to find multiple jobs to make ends meet. [..]

But there’s an even more telling statistic that we rarely hear about: the employment/population ratio. This indicator tells us the number of working-age adults actually in the workforce, meaning they’re employed at least part-time or are looking for jobs.

This important number has plummeted by five million people since the crash. They’re not working, and they’re not counted as unemployed.

Robert Kuttner: Time to Thank Edward Snowden

When Edward Snowden first leaked massive NSA files to the Guardian newspaper, public reaction was mixed. To some, he had arrogated to himself a decision to make public some of the most sensitive national security secrets, damaging America’s ability to track terrorists, a decision that he had no right to make. People questioned his mental stability and his motives. To others, he had forced a submerged national debate and slowed down a secret and inexorable slide to a police state that protects security by routinely monitoring everybody. [..]

What Snowden has done is to force a long repressed debate about how much liberty, if any, we need to sacrifice in order to protect our security. Before his leaks, that urgent conversation was a non-debate because the violations of liberty were being done entirely in secret, beyond the reach of democratic deliberation. Even Republican Congressman Jim Sensenbrenner, a key author of the Patriot Act, was appalled. He wrote to Attorney General Eric Holder: “I am extremely troubled by the FBI’s interpretation of this legislation … Seizing phone records of millions of innocent people is excessive and un-American.”

Dean Baker: Robert Rubin Wants to Redistribute More Income Upward

Along with Alan Greenspan, Robert Rubin is the person most responsible for the country’s economic downturn. He helped steer the country on a path of bubble-driven growth and massive trade deficits. The latter was the result of the IMF engineered bailout from the East Asian financial crisis. The outcome of this bailout was a rush by developing countries to accumulate dollar reserves in order never to have to be in the situation that the East Asian countries faced in dealing with the IMF. This sent the dollar soaring, making U.S. goods and services uncompetitive internationally, causing the trade deficit to explode.

The lost demand from the trade deficit was offset in the 1990s by the stock bubble. The wealth created by the bubble led to a boom in consumption. Also, the ability for hare-brained Internet start-ups to raise billions by issuing stock led to an investment boom in hare-brained Internet start-ups. The bursting of the stock bubble gave us the longest period without job growth since the Great Depression. However the economy did eventually recover on the back of the housing bubble. The collapse of that bubble has given us an even longer stretch without job growth, ruined millions of lives, and will likely cost us tens of trillions of dollars in lost output.

Robert Reich: Pragmatists, Ideologues, and Inequality in America

How will the 2016 election be framed? What will be America’s choice?

If the coverage of last week’s two big winners offers a guide, the choice will be between “pragmatism” and “ideology.” [..]

But these appellations ignore what’s happening to an America in which almost all the economic gains are going to the richest 1 percent, median household incomes continues to drop, and the number of Americans in poverty continues to rise.

E. J. Dionne, Jr.: What’s the matter with motherhood?

If you’re a conservative strongly opposed to abortion, shouldn’t you want to give all the help you can to women who want to bring their children into the world? In particular, wouldn’t you hope they’d get the proper medical attention during and after their pregnancy?

This would seem a safe assumption, which is why it ought to be astonishing that conservatives are positively obsessed with trashing the Affordable Care Act’s regulation requiring insurance policies to include maternity coverage.

Never mind that we who are lucky enough to have health insurance end up paying to cover conditions we may never suffer ourselves. We all want to avoid cancer, but we don’t begrudge those who do get it when the premiums we pay into our shared insurance pools help them receive care.

Punting the Pundits: Sunday Preview Edition

Punting the Punditsis an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Follow us on Twitter @StarsHollowGzt

The Sunday Talking Heads:

Just a note of warning, NJ’s newly reelected bullying, buffoon governor will be on every Sunday talk show except CNN

Up with Steve Kornacki: There was no guest list posted for this Sunday’s show.

This Week with George Stephanopolis: This Sunday’s guests on “This Week” are New Jersey Gov. Chris Christie (R); Texas Gov. Rick Perry (R); and Senate Foreign Relations Committee Chair Sen. Robert Menendez (D-NJ).

The roundtable guests are ABC News’ Cokie Roberts;, Rep. Keith Ellison (D-MN); Wall Street Journal editorial page editor Paul Gigot; Republican strategist and CNN contributor Ana Navarro; and New York Magazine‘s John Heilemann.

Plus Canada’s Jon Stewart, George Stroumboulopoulos, weighs in on the Toronto mayor’s wild week.

Face the Nation with Bob Schieffer: Mr. Schieffer’s guests are New Jersey Gov. Chris Christie (R); and former Secretary of Defense and CIA Director Leon Panetta.

His panel guests are Amy Walter of the Cook Political Report;, Democratic Strategist Stephanie Cutter; Republican Strategist Phil Musser; and CBS News Political Director John Dickerson.

Meet the Press with David Gregory: This week’s MTP guests are Secretary of State John Kerry; and New Jersey Gov. Chris Christie (R).

Joining the roundtable discussion are Presidential Historian and author Doris Kearns Goodwin; Congresswoman Donna Edwards (D-MD); Time Magazine‘s Mark Halperin; and host of MSNBC’s “Morning Joe” Joe Scarborough.

State of the Union with Candy Crowley: Ms. Crowley’s guests this Sunday are Senator Lindsey Graham (R-SC); DNC Chair Debbie Wasserman Schultz and RNC Chair Reince Preibus.

Joining her for a special interview is former Senate Republican leader and presidential candidate Bob Dole (R-KS).

Punting the Pundits

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Follow us on Twitter @StarsHollowGzt

New York Times Editorial Board: Equal Coverage for the Mentally Ill

A struggle over decades to force insurers to cover mental health and addiction services on the same basis as medical and surgical costs is headed for success under new rules issued on Friday by the Obama administration. The rules will cover most Americans with health insurance, including those in many employer-sponsored plans, in other group plans, in some but not all Medicaid plans, and in policies bought on the individual markets.

The rules strengthen a 2008 law that required parity in coverage – but only when an insurer actually offered mental health and addiction benefits. It did not require such benefits. The new health care law, the Affordable Care Act, does require coverage for mental health and substance abuse as 1 of 10 essential benefits in any new health plans. Combined, the two complete the job of offering both parity and coverage.

Gail Collins: Missing the Bad Old Days

It’s been a tough week. Let’s take a break and discuss the catfish inspection program.

There was a time when I had no strong feelings about this subject, but that was before the 2012 election, when we learned that Representative Paul Ryan’s favorite sport was “noodling,” which involves walking along the river and grabbing catfish by their throats. “You get your hand inside the fish, so they kind of, they come up on your hand,” the soon-to-be-vice-presidential candidate told The Times. “Then you just squeeze wherever you are on that fish and pull it out. I know it sounds a little crazy, but it’s really exhilarating.” [..]

Anyway, catfish have seemed a lot more interesting since then. And they’re currently a big issue in Congress, where the House and Senate are trying to put together a joint farm bill. It is very important that they get this done, because otherwise, at the end of the year, the country will revert to Depression-era agriculture laws and we all fall over the dairy cliff. I am not saying another word about this because I know you’re suffering from cliff fatigue. Just don’t plan for any events in early 2014 that involve purchasing a lot of ice cream.

One of the differences between the House and Senate versions of the farm bill involves a special catfish inspection office in the Agriculture Department, which Congress created in 2008. The office, which is supposed to check imported catfish to make sure they’re safe to eat, has yet to start up, although it’s already cost us $20 million.

Joe Conason: Are Politicians Who Cut Food Stamps and Deny Health Access Truly ‘Pro-Life’?

When Wendy Davis proclaimed that she is “pro-life”-a description long since appropriated by conservatives opposed to abortion rights-the right-wing media practically exploded with indignation. How could she dare to say that? But having won national fame when she filibustered nearly 12 hours against a law designed to shutter Lone Star State abortion clinics, the Texas state senator with the pink shoes doesn’t hesitate to provoke outrage among the righteous.

Speaking to a crowd at the University of Texas in Brownsville last Tuesday, Davis, now running for governor as a Democrat, made a deceptively simple but profound declaration: “I am pro-life. I care about the life of every child: every child that goes to bed hungry, every child that goes to bed without a proper education, every child that goes to bed without being able to be a part of the Texas dream, every woman and man who worry their children’s future and their ability to provide for that.”

Her argument directly pierced to the contradiction within the right’s “pro-life” sloganeering. So far the feeble answer from the right is that Davis must be “lying” because nobody who supports a woman’s right to choose is pro-life.

E. J. Dionne, Jr.: What’s the Matter With Motherhood?

If you’re a conservative strongly opposed to abortion, shouldn’t you want to give all the help you can to women who want to bring their children into the world? In particular, wouldn’t you hope they’d get the proper medical attention during and after their pregnancy?

This would seem a safe assumption, which is why it ought to be astonishing that conservatives are positively obsessed with trashing the Affordable Care Act’s regulation requiring insurance policies to include maternity coverage.

Never mind that all of us lucky enough to have health insurance end up paying to cover conditions we may never suffer from ourselves. We all want to avoid cancer, but don’t begrudge those who do get it when the premiums we pay into our shared insurance pools help them receive care.

David Sirota: The Connection Between Poverty and Education

Google the phrase “education crisis” and you’ll be hit with a glut of articles, blog posts and think tank reports claiming the entire American school system is facing an emergency. Much of this agitprop additionally asserts that teachers unions are the primary cause of the alleged problem. Not surprisingly, the fabulists pushing these narratives are often backed by anti-public school conservatives and anti-union plutocrats. But a little-noticed study released last week provides yet more confirmation that neither the “education crisis” meme or the “evil teachers union” narrative is accurate.

Before looking at that study, consider some of the ways we already know that the dominant storyline about education is, indeed, baseless propaganda.

Jacob Swenson and Jamie Merchant: Shooting Ourselves: Mass Killings, Austerity, and the Breakdown of American Society

Sandy Hook. Columbine. Aurora. Tucson. Fort Hood. These names ring out in popular memory as the sites of seemingly random, horrific atrocities.

Mass violence and how we can address it has become a hot-button issue and for good reason. Last week, between October 26thand November 1st, there were five mass killings in the United States. And Monday, a gunman opened fire in a New Jersey shopping mall, firing several shots, but killing only himself.

Our nation leads wealthy democracies in allowing the market to disseminate, nearly unchecked, huge numbers of guns into the hands of a society riddled by extreme economic inequality, widening social polarization, and deep racism. In this context, advocating gun control is the only sane thing to do. Yet, to jump from mass violence to the conclusion that there are just too many guns – and that the solution is simply to reduce them – is to fatally misdiagnose the problem.

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