Tag: Politics

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”.

Paul Krugman: Send in the Clueless

There are two crucial things you need to understand about the current state of American politics. First, given the still dire economic situation, 2012 should be a year of Republican triumph. Second, the G.O.P. may nonetheless snatch defeat from the jaws of victory – because Herman Cain was not an accident.

Think about what it takes to be a viable Republican candidate today. You have to denounce Big Government and high taxes without alienating the older voters who were the key to G.O.P. victories last year – and who, even as they declare their hatred of government, will balk at any hint of cuts to Social Security and Medicare (death panels!).

And you also have to denounce President Obama, who enacted a Republican-designed health reform and killed Osama bin Laden, as a radical socialist who is undermining American security.

So what kind of politician can meet these basic G.O.P. requirements? There are only two ways to make the cut: to be totally cynical or to be totally clueless.

Ray McGovern: Are Americans in Line for Gitmo?

Though the 9/11 attacks occurred more than a decade ago, Congress continues to exploit them to pass evermore draconian laws on “terrorism,” with the Senate now empowering the military to arrest people on U.S. soil and hold them without trial, a serious threat to American liberties

Ambiguous but alarming new wording, which is tucked into the National Defense Authorization Act (NDAA) and was just passed by the Senate, is reminiscent of the “extraordinary measures” introduced by the Nazis after they took power in 1933.

And the relative lack of reaction so far calls to mind the oddly calm indifference with which most Germans watched the erosion of the rights that had been guaranteed by their own Constitution. As one German writer observed, “With sheepish submissiveness we watched it unfold, as if from a box at the theater.”

The writer was Sebastian Haffner (real name Raimond Pretzel), a young German lawyer worried at what he saw in 1933 in Berlin, but helpless to stop it since, as he put it, the German people “collectively and limply collapsed, yielded and capitulated.”

“The result of this millionfold nervous breakdown,” wrote Haffner at the time, “is the unified nation, ready for anything, that is today the nightmare of the rest of the world.” Not a happy analogy.

The Senate bill, in effect, revokes an 1878 law known as the Posse Comitatus Act, which banned the Army from domestic law enforcement after the military had been used and often abused in that role during Reconstruction. Ever since then, that law has been taken very seriously – until now. Military officers have had their careers brought to an abrupt halt by involving federal military assets in purely civilian criminal matters.

Jack Resnick: Bring Health Care Home

Patients who are treated at home by a doctor and nursing staff who know them intimately and can be available 24/7 are happier and healthier. This kind of care decreases the infections, mistakes and delirium, which, especially among the elderly, are the attendants of hospital care. And it is far more efficient. According to a 2002 study, for the patients treated by the Veterans Affairs’ Home Based Primary Care program, the number of days spent in hospitals and nursing homes was cut by 62 percent and 88 percent, respectively, and total health care costs dropped 24 percent. [..]

The fact that this care is possible at home means that the role of hospitals must change. Acutely ill patients who need operating rooms or intensive care will still be brought to hospitals. But they should be quickly discharged to the care of the doctors and nurses who know them best.

For too long the institutions that make up our health care system – hospitals, insurers and drug companies – have told us that “more is better”: more medicines, more specialists, more tests. To rein in spending and deliver better care, we must recognize that the primary mission of many an institution is its own survival and growth. We can’t rely on institutions to shrink themselves. We need to give that job to patients and their doctors, and move health care into the home, where it is safer and more effective.

John Bonifaz: Restore Democracy to the People with 28th Amendment

America is at a crossroads. Shall we be governed by people or by corporations?

If you thought we had already answered that question more than two centuries ago, you’re right. The framers of our Constitution were clear that we were to be a government of, for and by the people. They recognized that corporations were not people and that the Constitution did not guarantee corporations rights intended for people.

Yet, five justices of the current U.S. Supreme Court think otherwise. In their January 2010 Citizens United v. FEC decision, they ruled that corporations have the same free-speech rights as people and can spend unlimited amounts of their corporate money in our elections. No matter that corporations are artificial entities created through state corporate charter laws. No matter that corporations do not breathe, do not think and do not have consciences. No matter that corporations have advantages you and I do not: limited liability, perpetual life and the ability to aggregate and distribute wealth. According to these five justices, corporations are people.

New York Times Editorial: Pain in the Public Sector

Buried in the relatively positive numbers contained in the November jobs report was some very bad news for those who work in the public sector. There were 20,000 government workers laid off last month, by far the largest drop for any sector of the economy, mostly from states, counties and cities.

That continues a troubling trend that’s been building for years, one that has had a particularly harsh effect on black workers. While the private sector has been adding jobs since the end of 2009, more than half a million government positions have been lost since the recession.

In most cases, states and cities had to lay off workers because of declining tax revenues, or reduced federal aid because of Washington’s inexplicable decision to focus more on the deficit in the near term than on jobs.

John Nichols: A Republican Chooses Not to be Ridiculous: Ron Paul Trumps Trump

Ron Paul is far from perfect. But the Texas congressman and maverick GOP presidential contender brings to the 2012 race a record far more worthy of commendation than those of his competitors for the Republican nomination. [..]

Confronted with the prospect of a participating in a debate hosted by the second most absurd figure in American public life, Donald Trump, Paul simply said “no.”

The campaign of the candidate who, in the new Des Moines Register survey is running second in the field of GOP presidential contenders with less than a month to go before Iowa’s first-in-the-nation caucuses, issued a delightfully snarky statement [..]

Ron Paul may not win the presidency, but he is winning the debate about the debate with Donald Trump.

But even if Trump will not have a serious presidential contender on his debate panel, he will not be alone.

The second most absurd figure in American public life will reportedly be joined December 27 by the most absurd figure in American public life: Newt Gingrich.

Ari Melber: Donald Trump’s Debate Power: It’s About Race

Yes, Donald Trump is back. His elevation as a moderator of a pivotal debate in Iowa on December 27 – the Republican candidates’ final joint appearance before voting begins – provides a sad but fitting coda to this unhinged primary season.

When the news broke over the weekend, the media largely reacted with lighthearted derision. The Times led the Trump news by announcing, “it’s officially a reality television Republican primary now,” while several commentators said the debate is basically an SNL skit that writes itself.  I’m all for mocking The Donald, but these waves of satire do risk obscuring the dark side of this news.

Let’s be clear.  In Republican politics this year, Donald Trump’s signature issue, and narrow-but-intense constituency, was built on a race-baiting effort to dislodge the President’s long-form birth certificate from the Hawaii Department of Health.*  

On This Day In History December 5

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future

Find the past “On This Day in History” here.

December 5 is the 339th day of the year (340th in leap years) in the Gregorian calendar. There are 26 days remaining until the end of the year.

On this day in 1933, The 21st Amendment to the U.S. Constitution is ratified, repealing the 18th Amendment and bringing an end to the era of national prohibition of alcohol in America. At 5:32 p.m. EST, Utah became the 36th state to ratify the amendment, achieving the requisite three-fourths majority of states’ approval. Pennsylvania and Ohio had ratified it earlier in the day.

The movement for the prohibition of alcohol began in the early 19th century, when Americans concerned about the adverse effects of drinking began forming temperance societies. By the late 19th century, these groups had become a powerful political force, campaigning on the state level and calling for national liquor abstinence. Several states outlawed the manufacture or sale of alcohol within their own borders. In December 1917, the 18th Amendment, prohibiting the “manufacture, sale, or transportation of intoxicating liquors for beverage purposes,” was passed by Congress and sent to the states for ratification. On January 29, 1919, the 18th Amendment achieved the necessary three-fourths majority of state ratification. Prohibition essentially began in June of that year, but the amendment did not officially take effect until January 29, 1920.

The proponents of Prohibition had believed that banning alcoholic beverages would reduce or even eliminate many social problems, particularly drunkenness, crime, mental illness, and poverty, and would eventually lead to reductions in taxes. However, during Prohibition, people continued to produce and drink alcohol, and bootlegging helped foster a massive industry completely under the control of organized crime. Prohibitionists argued that Prohibition would be more effective if enforcement were increased. However, increased efforts to enforce Prohibition simply resulted in the government spending more money, rather than less. Journalist H.L. Mencken asserted in 1925 that respect for law diminished rather than increased during Prohibition, and drunkenness, crime, insanity, and resentment towards the federal government had all increased.

During this period, support for Prohibition diminished among voters and politicians. John D. Rockefeller Jr., a lifelong nondrinker who had contributed much money to the Prohibitionist Anti-Saloon League, eventually announced his support for repeal because of the widespread problems he believed Prohibition had caused. Influential leaders, such as the du Pont brothers, led the Association Against the Prohibition Amendment, whose name clearly asserted its intentions.

Women as a bloc of voters and activists became pivotal in the effort to repeal, as many concluded that the effects of Prohibition were morally corrupting families, women, and children. (By then, women had become even more politically powerful due to ratification of the Constitutional amendment for women’s suffrage.) Activist Pauline Sabin argued that repeal would protect families from the corruption, violent crime, and underground drinking that resulted from Prohibition. In 1929 Sabin founded the Women’s Organization for National Prohibition Reform (WONPR), which came to be partly composed of and supported by former Prohibitionists; its membership was estimated at 1.5 million by 1931.

The number of repeal organizations and demand for repeal both increased. In 1932, the Democratic Party’s platform included a plank for the repeal of Prohibition, and Democrat Franklin Roosevelt ran for President of the United States promising repeal of federal laws of Prohibition.

GMAC to Massachusetts: We Aren’t Going to Play in Your State

Massachusetts Attorney General Martha Coakley filed a law suit against five major banks and MERSover deceptive mortgage practices. One of those entities, GMAC, the mortgage lender of Ally Financial Inc., decided to stop mortgage lending in Massachusetts. The nation’s fifth-largest mortgage originator said it “has taken this action because recent developments have led mortgage lending in Massachusetts to no longer be viable,”. Seriously, they are not going to play in the state because Martha wants them to play by the rules. How dare she!

Yves Smith at naked capitalism says that in essence GMAC Mugs Massachusetts for Insisting on the Rule of Law, Suspends Mortgage Lending in the State

This move by GMAC, now Ally, is remarkably brazen. GMAC has effectively said that Massachusetts must hew to its demands of how to deal with foreclosures. It announced it is withdrawing from mortgage lending in the state in an effort to bring it to heel. [..]

GMAC is trying to get other big banks to follow suit. I hope the state and other groups that do substantial financial business with banks (largish churches are also attractive clients) make it clear than any effort to punish the state for enforcing the law will be met by moving their accounts to smaller institutions that respect the law. [..]

Sorry, for the first decade plus of the private mortgage securitization business, banks and servicers did hew to the requirements of state law. It was only in the late 1990s through 2004 or so that they started to fail to comply with the requirements of their own contracts (the breakdown appears to have taken place over time, with the biggest decay taking place during the 2002-2003 refi boom). That’s what has put their foreclosures on shaky footing, which in turn has led to wideranging legal abuses to get around the mess they created.

The insolence of the securitization industry continues to be astonishing. They act as if they have an imperial right to dictate to governments, and refuse to admit any role in a disaster of their own creation. I hope those of you who do business with Ally close your accounts immediately and tell the bank that it is due to their Mafia style move in Massachusetts.

If you’re a GMAC customer in Massachusetts, it’s time to move your loan.  

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”.

The Sunday Talking Heads:

Up with Chris Hayes: Sunday’s guests are Rev. Samuel Rodriguez (@NHCLC), President of The National Hispanic Christian Leadership Conference; Dr. Donald Berwick, former administrator for the Centers for Medicare and Medicaid Services under President Obama; Jared Bernstein, former chief economist and economic advisor to Vice President Joe Biden;  Chrystia Freeland, editor of Thomson Reuters Digital; Mahlon Mitchell, President of the Professional Fire Fighters of Wisconsin; John McWhorter, Columbia University Professor of Linguistic and American Studies, and Contributing Editor at New Republic and TheRoot.com; and Katrina Vanden Heuvel, editor & publisher at The Nation magazine.

This Week with Christiane Amanpour: Sunday’s guests are former Pennsylvania senator and Republican presidential candidate Rick Santorum; , Rep. Barney Frank (D-MA) and Academy Award winning actress Angelina Jolie. The rountable pundits are George Will, Democratic strategist Donna Brazile, AOL Huffington Post’s Arianna Huffington, and Major Garrett of National Journal.  

Face the Nation with Bob Schieffer: Guests are RNC Chair Reince Priebus and Obama Campaign Advisor Robert Gibbs. Roundtable analysis from CBS News Chief White House Correspondent Norah O’Donnell, CBS News Political Director John Dickerson, CBS News Congressional Correspondent Nancy Cordes, and Politico’s Chief White House Correspondent Mike Allen.

The Chris Matthews Show: This week’s guests are Joe Klein, TIME Columnist, Helene Cooper, The New York Times White House Correspondent, Gillian Tett, Financial Times U.S. Managing Editor and John Heilemann, New York Magazine National Political Correspondent

Meet the Press with David Gregory: Guests are Obama re-elect chief strategist David Axelrod and RNC Chairman Reince Priebus.

But in separate studios to minimize the level of bull s**t that will be shoveled

The roundtable guests are Publisher of the New Hampshire Union Leader Joe McQuaid, the BBC’s Katty Kay, Fmr. Rep. Harold Ford, Jr. (D-TN) and TIME’s Mark Halperin.

State of the Union with Candy Crowley: Guests are Rep. Ron Paul (R-TX), Rep. Michele Bachmann (R-MI) and Sen. John McCain (R-AZ). Guests on an economic panel are Alice Rivlin, Douglas Holtz-Eakin, and Ron Brownstein.

Colleen Rowley: Obama Should Veto Empire Over Republic

The political, military industrial, corporate class in Washington DC continues to re-make our constitutional republic into a powerful, unaccountable military empire. Yesterday the U.S. Senate voted 93 to 7 to pass the National Defense Authorization Act (NDAA) for Fiscal Year 2012 which allows the military to operate domestically within the borders of the United States and to possibly (or most probably) detain U.S. citizens without trial. Forget that the ACLU called it “an historic threat to American citizens”, this bill is so dangerous not only to our rights but to our country’s security that it was criticized by the Directors of the FBI, the CIA, the National Intelligence Director and the U.S. Defense Secretary! For the first time in our history, if this Act is not vetoed, American citizens may not be guaranteed their Article III right to trial.

The government would be able to decide who gets an old fashioned trial (along with right to attorney and right against self-incrimination) and who gets detained without due process and put into a modern legal limbo. Does anyone remember that none of the first thousand people the FBI rounded up after 9-11, and which were imprisoned for several months (some brutalized) were ever charged with terrorism? Does anyone remember that hundreds of the Gitmo detainees who were handed over to their American military captors in exchange for monetary bounties were found, after years of imprisonment, to have no connection to terrorism?

Laura Flanders: Heat from the Arts on Mayor Mike Bloomberg

It was Glass war, not class war, at Lincoln Center Thursday night, and Glass won, composer Philip Glass. It should come as no surprise that the maestro of mesmeric repetition has a knack for the “human mic.”

Occupy Museums, a group of roughly two hundred OWS-inspired protesters showed up outside the last performance of Glass’s Satyagraha Thursday. Satyagraha the opera tells the story of M.K. Gandhi’s early struggle against colonialism and segregation in South Africa. “Satyagraha” the word means “truth force.” Said the protesters to the opera-goers: “Mic Check. Mic Check: Let’s tell the truth… let’s tell the truth. Join US!”

It’s a pretty elite OWS spin-off for sure, but there was a precise policy target. In their call to action, organizers pointed up the irony of Satyagraha being performed at Lincoln Center, where in recent weeks people have been arrested and forcibly removed when they attempted to protest colonization of the arts by .001 percenter David Koch. (One of the theaters now bears his name.)

George Zornick: Keystone XL Isn’t Dead Yet

This week, Republicans in Congress have launched two different attempts to resurrect the delayed, and possibly dead, Keystone XL pipeline. One was clearly a public relations stunt, but the other could present a much more serious problem for pipeline opponents.

Early in the week, leading Republicans gathered to promote a bill by Indiana Senator Richard Lugar that would direct President Obama to act within sixty days on Keystone XL. The administration’s current policy is to push back action until early 2013 as alternate routes are studied, but the Republicans called for an immediate decision: “If the administration would simply get out of the way and let it go forward, it would create jobs almost immediately. Lots of jobs,” said Senate minority leader Mitch McConnell. (This is not true, unless you have a very low bar for defining “lots.”)

Lugar’s bill has thirty-seven Republican co-sponsors, but isn’t really that dangerous-it won’t find enough Democratic support to pass the Senate. It’s really just a way to publicly whack Obama for delaying the project, not a viable attempt to get it going again.

Frank Bruni: And Now … Professor Gingrich

OF all the please-God-not-Mitt surges in the Republican contest, Newt Gingrich’s is the strangest.

And that’s not because of his marital mishaps. Or his lobbying that’s somehow magically something other than lobbying. Or his peevishness, comparable to that of an 18-month-old separated from the lollipop he snatched when Mommy’s back was turned.

It’s Gingrich’s braininess – or at least his preening assertion of such – that doesn’t quite fit, breaking the Republican pattern of late. How does an ostentatious know-it-all fare so well in a party supposedly hostile to intellectuals and intellectualism?

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”.

New York Times Editorial: Been Down So Long …

The unemployment rate dropped to 8.6 percent in November from 9 percent in October in the jobs report released Friday. The economy added 120,000 jobs and job growth was revised upward in September and October.

That’s better than rising unemployment and falling payrolls. Yet, properly understood, the new figures reveal more about the depth of distress in the job market than about real improvement in job prospects.

Most of the decline in November’s unemployment rate was not because jobless people found new work. Rather, it is because 315,000 people dropped out of the work force, a reflection of extraordinarily weak demand by employers for new workers. It is also a sign of socioeconomic decline, of wasted resources and untapped potential, the human equivalent of boarded-up Main Streets and shuttered factories.

Charles M. Blow: Newt’s War on Poor Children

Newt Gingrich has reached a new low, and that is hard for him to do.

Nearly two weeks after claiming that child labor laws are “truly stupid” and implying that poor children should be put to work as janitors in their schools, he now claims that poor children don’t understand work unless they’re doing something illegal.

On Thursday, at a campaign stop in Iowa, the former House speaker said, “Start with the following two facts: Really poor children in really poor neighborhoods have no habits of working and have nobody around them who works. So they literally have no habit of showing up on Monday. They have no habit of staying all day. They have no habit of ‘I do this and you give me cash’ unless it’s illegal.” (His second “fact” was that every first generational person he knew started work early.)

This statement isn’t only cruel and, broadly speaking, incorrect, it’s mind-numbingly tone-deaf at a time when poverty is rising in this country. He comes across as a callous Dickensian character in his attitude toward America’s most vulnerable – our poor children. This is the kind of statement that shines light on the soul of a man and shows how dark it is.

Andy Worthington: Deranged Senate Votes for Military Detention of All Terror Suspects and a Permanent Guantánamo

Yesterday the shameful dinosaurs of the Senate – hopelessly out of touch with reality, for the most part, and haunted by specters of their own making – approved, by 93 votes to 7, the passage of the National Defense Authorization Act (PDF), which contains a number of astonishingly alarming provisions – Sections 1031 and 1032, designed to make mandatory the indefinite military detention of terror suspects until the end of hostilities in a “war on terror” that seems to have no end (if they are identified as a member of al-Qaeda or an alleged affiliate, or have planned or carried out an attack on the United States), ending a long and entirely appropriate tradition of trying terror suspects in federal court for their alleged crimes, and Sections 1033 and 1034, which seek to prevent the closure of Guantánamo by imposing onerous restrictions on the release of prisoners, and banning the use of funds to purchase an alternative prison anywhere else. I have previously remarked on these depressing developments in articles in July and October, as they have had a horribly long period of gestation, in which no one with a grip on reality – and admiration for the law – has been able to wipe them out.

Dan Froomkin: Suskind’s ‘Confidence Men’ Raises Questions About Obama’s Credibility

Barack Obama is heading back onto the campaign trail, running as a champion of the middle class and even hoping to harness the Occupy movement’s public anger at Wall Street.

But the higher he soars with his populist rhetoric, the more he calls attention to the enormous gap between the promise of hope and change that he campaigned on in 2008 and the actions he has taken as president — especially regarding the economy, which is still stagnating, and Wall Street, which remains unpunished and unbowed even after causing the biggest financial crisis since the Great Depression.

As a result, voters will inevitably be asking themselves: Who is this guy, really? Does he mean what he says? Will he do what he says? And would a second-term Obama be different?

Frida Berrigan: Ten Years of Guantanamo Demands Our Action and Our Outrage

In a world full of injustice-from battered women to clubbed seals to the Club of Europe, from neglected children to nuclear weapons to mountain top removal, from torture at Guantanamo to torture at Bagram to torture in Chicago’s prisons to the torture of the death penalty, from famine in Somalia to deforestation to families being broken by Arizona’s immigration laws-how do you choose what to work on?

Most people choose what affects them most personally, what they feel like they can change, what breaks their heart. Some people choose what seems most strategic: if this small thing changes here, it might move all these other things along in the right direction. Some people race from topic to topic to topic, needing to be everywhere and in the middle of everything. Some combo of the first and second stance seems like the right place to be, right?

David Sirota: Celebrating the End of Kids’ Wall Street Dreams

Amid fears of high youth unemployment creating a “lost generation,” there is suddenly a bright spot: Apparently, fewer young people are going to work in the industry that destroyed our economy.

That’s the word from The New York Times, which reports that since 2008, “the number of investment bank and brokerage firm employees between the ages 20 and 34 fell by 25 percent,” as banks have laid off young people and slowed college recruiting.

For young Wall Streeters, this is a bummer. But for society as a whole, it’s cause for celebration because it may finally allow America to counter the destructive Gordon Gekko-ization of youth culture.

Robert Naiman: War-Weary Republicans Rebuke Romney on Afghanistan

On Wednesday night, the Senate adopted by voice vote an amendment introduced by Oregon Democrat Jeff Merkley calling on President Obama to speed up U.S. military withdrawal from Afghanistan. This was a watershed event towards ending the war. The previous high water mark of Senators calling for expedited withdrawal was 27; the previous high water mark on a vote was 18. The vote is a green light from the Senate to the White House for a faster military withdrawal that would save many American and Afghan lives and (at least) many tens of billions of taxpayer dollars. [..]

The Senate vote – which saw John McCain standing alone in vocal opposition – is more evidence that on key issues of war and military spending, Mitt Romney, Newt Gingrich, John McCain, Lindsay Graham and Buck McKeon haven’t been speaking for Republicans generally. Big media should take note, and make more room on their playlists for Republicans like Rand Paul, Walter Jones, Justin Amash, Tim Johnson and Grover Norquist who want to turn a corner on a decade of endless war and unchecked military spending.

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”.

Paul Krugman: Killing the Euro

Can the euro be saved? Not long ago we were told that the worst possible outcome was a Greek default. Now a much wider disaster seems all too likely.

True, market pressure lifted a bit on Wednesday after central banks made a splashy announcement about expanded credit lines (which will, in fact, make hardly any real difference). But even optimists now see Europe as headed for recession, while pessimists warn that the euro may become the epicenter of another global financial crisis.

How did things go so wrong? The answer you hear all the time is that the euro crisis was caused by fiscal irresponsibility. Turn on your TV and you’re very likely to find some pundit declaring that if America doesn’t slash spending we’ll end up like Greece. Greeeeeece!

Peter van Buren: Thought crime in Washington

Federal employees are the only ones who know what’s happening inside the government and their voices are being silenced.

Here’s the First Amendment, in full: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Those beautiful words, almost haiku-like, are the sparse poetry of the American democratic experiment. The Founders purposely wrote the First Amendment to read broadly, and not like a snippet of tax code, in order to emphasise that it should encompass everything from shouted religious rantings to eloquent political criticism. Go ahead, re-read it aloud at this moment when the government seems to be carving out an exception to it large enough to drive a tank through. [..]

As the occupiers of Zuccotti Park, like those pepper-sprayed at UC Davis or the Marine veteran shot in Oakland, recently found out, the government’s ability to limit free speech, to stopper the First Amendment, to undercut the right to peaceably assemble and petition for redress of grievances, is perhaps the most critical issue our republic can face.

If you were to write the history of the last decade in Washington, it might well be a story of how, issue by issue, the government freed itself from legal and constitutional bounds when it came to torture, the assassination of US citizens, the holding of prisoners without trial or access to a court of law, the illegal surveillance of American citizens, and so on. In the process, it has entrenched itself in a comfortable shadowland of ever more impenetrable secrecy, while going after any whistleblower who might shine a light in.

Now, it also seems to be chipping away at the most basic American right of all, the right of free speech, starting with that of its own employees. As is often said, the easiest book to stop is the one that is never written; the easiest voice to staunch is the one that is never raised.

Richard (RJ) Eskow: Britain’s Massive Anti-Austerity Strike: Could It Happen Here?

Millions of employees mounted Great Britain’s first General Strike in many years today after the government threatened to impose more cuts in retirement benefits and pay for public workers.

It was a smash success. As many as two million strikers proved that the public’s patience with the unjust fiscal regime known as ‘austerity economics’ has its limits. It highlighted the important role unions can and must play in the fight for a more just and stable economy.

And it raised an important question for the United States: Could it happen here?

Jeffrey L. Fischer: The Bill of Rights Doesn’t Come Cheap

ON Tuesday, the Supreme Court will hear oral arguments in Williams v. Illinois, the latest in a string of cases addressing whether the Sixth Amendment’s confrontation clause – which gives the accused in a criminal case the right “to be confronted with the witnesses against him” – applies to forensic analysts who produce reports for law enforcement. In other words, should an analyst responsible for, say, a fingerprint report have to show up at trial to face questions about the report?

A logical application of the law produces an easy answer: Yes. The court has defined a “witness against” a defendant as a person who provides information to law enforcement to aid a criminal investigation. That is exactly what forensic analysts do.

Subjecting forensic analysts to cross-examination is also good policy. According to a recent National Academy of Sciences study, forensic science is not nearly as reliable as it is perceived to be. DNA specimens, for instance, are sometimes contaminated; fingerprint, ballistics and even run-of-the-mill drug and alcohol analyses depend on human interpretation and thus are subject to error. Worse, investigations over the past decade have revealed outright incompetence and fraud in many crime labs. So it makes sense to subject the authors of lab reports to cross-examination – a procedure the court has called “the greatest legal engine ever invented for the discovery of truth.”

Jesse Eisinger: Wall Street Is Already Occupied

Last week, I had a conversation with a man who runs his own trading firm. In the process of fuming about competition from Goldman Sachs, he said with resignation and exasperation: “The fact that they were bailed out and can borrow for free – It’s pretty sickening.”

Though the sentiment is commonplace these days, I later found myself thinking about his outrage. Here was someone who is in the thick of the business, trading every day, and he is being sickened by the inequities and corruption on Wall Street and utterly persuaded that nothing had changed in the years since the financial crisis of 2008.

Then I realized something odd: I have conversations like this as a matter of routine. I can’t go a week without speaking to a hedge fund manager or analyst or even a banker who registers somewhere on the Wall Street Derangement Scale.

That should be a great relief: Some of them are just like us! Just because you are deranged doesn’t mean you are irrational, after all. Wall Street is already occupied – from within.

Jason Linkins: Senate ‘Secret Santa’ Effort Won’t Actually Solve America’s Problems, According To Political Science

According to this Reuters report, Sens. Al Franken (D-Minn.) and Mike Johanns (R-Neb.) are trying to set up a “Secret Santa” gift exchange with the members of their august body, and while “no one predicts” the effort “will unleash unprecedented bipartisan tidings of comfort and joy,” it’s still seen as a “political test” of whether senators can do anything at all that does not end in everyone setting fire to one another. So far, Franken and Johanns have signed up 58 members, so this is still two votes short of cloture. [..]

At any rate, I wish our senators all the best in their attempt to manufacture Christmas cheer, but what I’d really like to know is how I can get hooked up with the Federal Reserve’s “Secret Santa” exchange, which seems much, much cooler.

Abridging the Sixth Amendment

Sixth Amendment to the United States Constitution

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Tonight the US Senate has abridged that amendment with the passage of the National Defense Authorization Act that contains a provision that would allow for the indefinite detention of American civilians arrested on American soil suspected of being “enemy combatants” by a vote of 93 -7. It allows for anyone alleged to be an “enemy combatant” anywhere in the world sent to military prisons indefinitely without even being charged with a crime.

The bill sponsored by Sen. Carl Levin (D-MI) and Sen. John McCain (R-AZ) was drafted in secret and passed out of committee without a single hearing.

Glen Greenwald at Salon highlights the most alarming aspects of the bill:

   (1) mandates that all accused Terrorists be indefinitely imprisoned by the military rather than in the civilian court system; it also unquestionably permits (but does not mandate) that even U.S. citizens on U.S. soil accused of Terrorism be held by the military rather than charged in the civilian court system (Sec. 1032);

   (2) renews the 2001 Authorization to Use Military Force (AUMF) with more expansive language: to allow force (and military detention) against not only those who perpetrated the 9/11 attacks and countries which harbored them, but also anyone who “substantially supports” Al Qaeda, the Taliban or “associated forces” (Sec. 1031); and,

   (3) imposes new restrictions on the U.S. Government’s ability to transfer detainees out of Guantanamo (Secs. 1033-35). [..]

The Levin/McCain bill would require that all accused Terrorists be held in military detention and not be charged in a civilian court – including those apprehended on U.S. soil – with two caveats: (1) it exempts U.S. citizens and legal residents from this mandate, for whom military detention would still be optional (i.e., in the discretion of the Executive Branch); and (2) it allows the Executive Branch to issue a waiver if it wants to charge an accused Terrorist in the civilian system.

As per emptywheel, Sen. Diane Feinstein (D-CA) proposed an amendment (pdf) that would have removed the language but it was defeated by a vote of 45 – 55.

Some has forgotten to tell the Senate that Osama bun Laden is dead, we have killed virtually all of Al Qaeda’s leadership and the group is “operationally ineffective” in the Afghan-Pakistan and region and that we are near completion of withdrawal from Iraq and beginning to draw down the troops in Afghanistan. But the absurd view from war hawk, conservatives like Sen. Lindsay Graham (R-SC) who believe Al Qaeda is a threat that requires trashing the Constitution, as Graham said:

“The threats we face as a nation are growing. Homegrown terrorism is going to become a greater reality, and we need to have tools,” Graham argued. “Law enforcement is one tool, but in some cases holding people who have decided to help al Qaeda and turn on the rest of us and try to kill us so we can hold them long enough to interrogate them to find out what they’re up to makes sense.”

“When you hold somebody under the criminal justice system you have to read them their rights right off the bat,” Graham added. “Under the law of war you don’t because the purpose is to gather intelligence. We need that tool now as much as any time, including World War II.”

That is most chilling statement regarding to our civil liberties. This is from the same man who supported President Obama’s due-process-free assassination of Anwar Awlaki that totally disregarded Article 3, Section 3 of the Constitution which provides that nobody can be punished for treason without heightened due process requirements being met.

It isn’t often that freshman Tea Party Sen. Rand Paul (R-KY) says something sensible but he wrote in the Washington Times defending the Sixth Amendment that the “war on terror doesn’t justify retreat on rights”:

James Madison, father of the Constitution, warned, “The means of defense against foreign danger historically have become instruments of tyranny at home.” Abraham Lincoln had similar thoughts, saying, “America will never be destroyed from the outside. If we falter, and lose our freedoms, it will be because we destroyed ourselves.”

During war, there has always been a struggle to preserve constitutional liberties. During the Civil War, the right of habeas corpus was suspended. Newspapers were closed. Fortunately, those actions were reversed after the war.

The discussion now to suspend certain rights to due process is especially worrisome, given that we are engaged in a war that appears to have no end. Rights given up now cannot be expected to be returned. So we do well to contemplate the diminishment of due process, knowing that the rights we lose now may never be restored.

Will President Obama veto this bill as has been hinted? Not likely, since as Greenwald point out Obama has maintained that dozens of detainees would continue to be held indefinitely and that he planned“not to close, but simply to re-locate to Illinois, the Guantanamo system of indefinite, military detention.” While the President has expressed his opposition to the bill, his objection is that the matter of denying accused terrorists a civilian trial is not up to Congress but for the President alone to decide. In other words, the White House’s objections are grounded in broad theories of Executive Power.

While Greenwald may be willing to believe the White House is opposed to having the military detain and imprison U.S. citizens on U.S. soil, there are those who think President Obama is more concerned over who should get to decide which accused terrorist suspects are denied due process, not whether they should be.

They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty. Benjamin Franklin

Chipping away at our liberties. Frightening.

MA Attorney General Sues 5 Major Banks & MERS

Another state attorney general is suing five major banks and Mortgage Electronic Registration System Inc. and its parent company over deceptive foreclosure practices. Massachusetts Attorney General Martha Coakley  filed the suit on Wednesday seeking redress from Bank of America Corp., JPMorgan Chase & Co., Wells Fargo & Co., Citigroup Inc., and Ally Financial.

Ms. Coakley joins a small group of state attorney generals from larger states that have been hit the hardest by the foreclosure/mortgage fraud scandal:

  • Nevada Attorney General Catherine Cortez Masto sued Bank of America for fraudulent practices related to a prior settlement on Countrywide loans and recently filed a 606-count criminal indictment against two LPS employees for robo-signing;
  • Delaware AG Beau Biden sued MERS for deceptive practices;
  • New York’s Eric Schneiderman has a ever expanding investigation into foreclosure and securitization fraud and has issued a number of subpoenas for documents;
  • California’s Kamala Harris just filed subpoenas against Fannie Mae and Freddie Mac over mortgage servicing and securitization.
  • Ms. Coakley, whose reputation was tarnished after her loss to a Republican for the late Ted Kennedy’s senate seat, has been strong on tightening state regulations and force banks to assist financially stressed homeowners save their homes:

    Coakley spoke in support of legislation she filed in January with state Senator Karen Spilka, an Ashland Democrat, and Representative Steven M. Walsh, a Lynn Democrat. The proposed law, which they call An Act to Prevent Unlawful and Unnecessary Foreclosures, focuses on mortgage loans that are considered to be risky, including those with interest-only payment and adjustable rates.

    The bill would require lenders to analyze a borrower’s financial information to determine whether modifying the loan to a more affordable payment would be more beneficial financially to the lender than going through the lengthy and costly process of taking the property through foreclosure. Many lenders already undertake such a study before deciding whether to foreclose, but the bill would permit homeowners to file a lawsuit if the process does not occur, according to Coakley’s staff.

    The proposed law also would force lenders to prove they are the legal owner of mortgages before foreclosing, incorporating the findings of recent foreclosure-related decisions from the state’s Supreme Judicial Court.

    These five state attorney generals are doing the hard work that should be done by the US Attorney General Eric Holder. Instead Mr. Holder is still clinging to Iowa AG Tom Miller’s stalled negotiations with the banks to settle the fraud for a mere $25 billion and exoneration from criminal prosecution. Mr. Holder has made protecting banks and corporations his priority and just recently announced a new initiative to prosecute intellectual property rights thefts by the public. This is not what Americans elected this administration to do.

    Eric Holder Wants Us To Protect MTV

    Apparently, US Attorney General Eric Holder thinks it is far more important to protect corporations from intellectual property (IP) theft than to protect us from predatory and fraudulent banking practices that has led to collapse of the economy. He is more concerned that you or your neighbor are illegally downloading movies or songs from the internet or receiving pharmaceuticals from Canada.

    On November 29, Mr. Holder held a press conference to announce a serious crack down on IP theft:

    As our country continues to recover from once-in-a-generation economic challenges, the need to safeguard intellectual property rights – and to protect Americans from IP crimes – has never been more urgent. But, in many ways, this work has also never been more difficult.

    Recent technological advances – particularly in methods of manufacturing and distribution – have created new opportunities for businesses of all sizes to innovate and grow. But these quantum leaps have also created new vulnerabilities, which tech-savvy criminals are eager to exploit. As a result, we’re seeing an alarming rise in IP crimes – illegal activities that can not only devastate individual lives and legitimate businesses, but undermine our nation’s financial stability and prosperity.

    Make no mistake: IP crimes are anything but victimless. For far too long, the sale of counterfeit, defective, and dangerous goods has been perceived as “business as usual.”   But these and other IP crimes can destroy jobs, suppress innovation, and jeopardize the health and safety of consumers.   In some cases, these activities are used to fund dangerous – and even violent – criminal enterprises and organized crime networks. And they present a significant – and growing – threat to our nation’s economic and national security.

    But we are fighting back – in bold, comprehensive, and collaborative ways.

    One of those “bold, comprehensive, and collaborative ways” is a series of series of television, radio, and Internet public service announcements that will ask the public to spy on their neighbors.

    We shouldn’t be surprised by this since, as reported in the Wired:

    The Justice Department under President Barack Obama has seen a sea change in attitude when it comes to intellectual-property enforcement, which could have been predicted by the number of former Recording Industry Association of America attorneys appointed by the Obama administration. (Hollywood votes and donates Democratic).

    Meanwhile, as Matt Stoller writes, mortgage fraud continues unabated and unprosecuted:

    In 2004, the FBI warned Congress of an “epidemic of mortgage fraud,” of unscrupulous operators taking advantage of a booming real estate market. Less than two years later, an accounting scandal at Fannie Mae tipped us off that something was very wrong at the highest levels of corporate America.

    Of course, we all know what happened next. Crime invaded the center of our banking system. Wall Street CEOs were signing on to SEC documents knowing they contained material misstatements. The New York Fed, riddled with conflicts of interest, shoveled money to large banks and tried to hide it under the veil of central bank independence. Even Tim Geithner noted that Lehman had “air in the marks” in its valuations of asset-backed securities, as the bankruptcy examiner’s report showed that accounting manipulation to disguise the condition of the balance sheet was a routine management tool at the bank. [..]

    And yet, no handcuffs. [..]

    And what happens when this kind of fraud goes unprosecuted? It continues, even today. The same banks that ran the corrupt home mortgage securitization chain are now committing rampant fraud in the foreclosure crisis. Here’s New Orleans Bankruptcy Judge Elizabeth Magner discussing problems at Lender Processing Services, the company that handles 80 percent of foreclosures on behalf of large banks. [..]

    The bad behavior is so rampant that banks think nothing of a contractor programming fraud into the software. This is shocking behavior and has led to untold numbers of foreclosures, as well as the theft of huge sums of money from mortgage-backed securities investors.

    It would be nice if the Obama Justice Department devoted the same man power, resources and efforts into prosecuting the banks and mortgage service lenders who pushed fraudulent loans and have illegally foreclosed on thousands of homes. The attitude of Obama administration continues to be that they must bail out banks and protect corporations while the public gets sold out by the government that is suppose to protect us.

    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”.

    Matthew Rothschild: McCain says American Citizens Can Be Sent to Guantanamo

    U.S. citizens beware: A bill being debated on the Senate floor this week is likely to pass, and if it becomes law, you could be sent to Guantanamo Bay.

    The bill is the National Defense Authorization Act, S. 1867. Section 1031 of the bill gives the President and the Armed Forces enormous power to detain people they believe were involved in the attacks of Sept. 11 or supported Al-Qaeda, the Taliban, or “associated forces that are engaged in hostilities against the United States or its coalition partners.”

    That section empowers the President to detain such persons indefinitely without trial or to try them before a military court or to transfer them “to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity.”

    Sen. Mark Udall introduced an amendment to modify this section, and his amendment was voted down on Tuesday.

    Sen. Rand Paul has introduced an amendment to delete this section entirely, and on Tuesday, he had the following exchange with Sen. John McCain, who is co-sponsoring the bill.

    Not only does McCain, a former POW, support this provision but some some Democrats have strongly argued for its passages, Re: Sen Carl Levin (D-MI). The big question, will Obama veto this bill if these provision is not stricken?

    Richard (RJ) Eskow: The Long Game: Payroll Taxes, Hostage-Taking, and Social Security

    Yesterday Thom Hartmann and I discussed the proposal to extend and expand what Democrats have called the ‘payroll tax holiday.’ (Video is below.) There are no heroes in this debate, but there are certainly villains. There are several different ways this could end – and most of them aren’t good.

    By proposing to expand and extend this ‘holiday,’ Democrats have bypassed more efficient ways to help the economy, and have once again endangered Social Security. And by demanding tax breaks for millionaires while blocking them for the middle class, Republicans have once again demonstrated their willingness to blow up the economy for self-serving purposes.

    Bill Boyarsky: Occupy 2012

    The Occupy L.A. encampment didn’t look like an enterprise with a future. The skateboarders hurtling through the crowd, the soccer ball in the air, the treehouses, the young men and women sleeping in tents and in the open air made the place look more like a low-budget vacation at the beach than a protest movement.

    Occupy L.A. was closed down early Wednesday morning by hundreds of Los Angeles police officers who arrested more than 200 in a comparatively peaceful operation that contrasted sharply with the conduct of cops in New York, UC Davis and other places. But its legacy is likely to be much more lasting than the abandoned tents and makeshift structures left behind at Los Angeles City Hall.

    For in its two months of existence, Occupy L.A. showed a resiliency and purpose that could make some of its participants leaders in a great confrontation over economic injustice in the 2012 election. The same is true of the many Occupy movements, from Wall Street to Harvard Yard to Chicago, to Denver to Philadelphia, to Berkeley, Davis, UCLA and other places.

    In other words, the election could be the next step for the Occupy movement.

    Williams Rivers Pitt: A Gut-Check Moment for Mr. Obama

    When George W. Bush left office, and John McCain went down to defeat, there was a sense among a great many Americans that a tremendously dangerous  nightmare was over, that years of wildly violent, constitutionally questionable, unbelievably expensive and morally appalling over-reaction to 9/11 were behind us, that an America which didn’t use the NSA to spy on virtually anyone, an America that didn’t indefinitely detain people without due process of law, that didn’t torture, that didn’t consign millions to death and maiming by way of wars based on lies and the desire to make money while winning elections…a lot of people thought that America might show its face again.

    But that was Hope and Change and all that stuff. The dreary fact of the matter is that the slash-and-burn attitude taken towards the US Constitution by the Bush administration did such tremendous damage to the most basic underpinnings of this society that it was widely feared there would be no going back. After all, any politician who has gotten to the point where the office of the President is even a possibility is a politician absolutely drenched in hubris, ego, and a desire for personal power. It cannot be any other way; there are no angels flying in that rarefied atmosphere of American politics, and my rule of thumb for many years now has been that a politician most people have heard of is, to one degree or another, an utter and complete bastard, for only utter and complete bastards have the will and ruthlessness to achieve such heights…and when it comes to presidents and serious presidential contenders, multiply that by a factor of ten. I’ve met a great many of them on too many campaign trails, and trust me, almost none of them are people you’d like to be stuck in an elevator with, much less allow them to run the country.

    Jim Hightower: It Takes People Power to Make Clear That Corporations Are NOT People

    In the Nov. 8 elections, the national media gave extensive coverage to a proposed “personhood amendment” to Mississippi’s state constitution. This was an extremist anti-abortion ballot initiative to declare that a person’s life begins not at birth, but at the very instant that a sperm meets the egg. However, extending full personhood to two-cell zygotes was too far out even for many of Mississippi’s zealous antagonists against woman’s right to control her own fertility, so the proposition was voted down.

    Meanwhile, the national media paid practically zero attention to another “personhood” vote that took place on that same day over a thousand miles from Mississippi. This was a referendum in Missoula, Mont., on a concept even more bizarre than declaring zygotes to be persons with full citizenship rights.

    It was a vote on overturning last year’s democracy-killing decision by the U.S. Supreme Court in the now-infamous Citizens United case. A narrow five-man majority had decreed that – abracadabra! – lifeless, soulless corporations are henceforth persons with human political rights. Moreover, said the five, these tongueless artificial entities must be allowed to “speak” by dumping unlimited sums of their corporate cash into our election campaigns, thus giving them a far bigger voice than us real-life persons.

    Gail Collins: The Mitt Romney Pardon

    It’s been superexciting watching one outsized, vibrant and deeply strange Republican candidate after another rise to the front of the presidential pack, then crash and burn. But now we’ve got to refresh the storyline.

    Really, even the TV networks are starting new mini-seasons. And they’ve got zombies.

    This is particularly important for Mitt Romney, who seems to be responding to the flip-flop critique by becoming more and more repressed. If we don’t do something to free him up, they’re going to have to start wheeling him around in a laundry hamper.

    E. J. Dionne, Jr.: Giving Politicians a Good Name

    Two politicians from different countries and with very different political pedigrees made news this week. Both spoke difficult truths and reminded us that we shouldn’t use the word “politician” with routine contempt.

    The better-known story is the retirement of Rep. Barney Frank, a Massachusetts Democrat who was never afraid to make people angry-or to make them laugh. But more on Frank in a moment. Far too little attention has been paid on these shores to a remarkable speech in Berlin on Monday by the Polish foreign minister, Radoslaw Sikorski.

    He offered what may be the sound bite of the year: “I will probably be the first Polish foreign minister in history to say so, but here it is: I fear German power less than I am beginning to fear German inactivity.”

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