Tag: TMC 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”.

Follow us on Twitter @StarsHollowGzt

Ian Welsh: The Obamacare Fiasco

I think Schadenfraude nicely sums up what I’m feeling about Obama’s troubles with his signature health care bill, though I do feel  sorry for people who are being hurt by Obamacare.

It’s not the website that is killing Obama, of course, it’s the cancellation of pre-existing policies (though the website is an unforced mistake).  Obama told people they could keep their policies, but that decision was never his to make, it was up to insurance companies.  Since there is no robust public option, Obama does not have any significant leverage over the insurance companies, there is nothing he can do to them, so why shouldn’t they do what is in their best interest? [..]

When you are dealing with bad people, you must assume bad faith; bad behavior.  You must plan for it.  The best option was always Medicare-for-all (and I was told by at least one House staffer that they could pass it if they really wanted to and were willing to go nuclear.)  The problem with Obama has always been this sickening need to be one of the boys.  He appears to genuinely like and genuinely admire the people who have “made it” in this society-people like Jamie Dimon and the people who run insurance  and drug companies.  He thinks you can make deals with these people, and make sure everyone wins.

You can’t.  These people are the most successful parasites ever produced by our nasty form of sociopathic capitalism.  You can only give them what they want or you can rip them from the body politic, so they stop sucking the blood from the host they’re killing.

Paul Krugman: The Money Trap

When Greece hit the skids almost four years ago, some analysts (myself included) thought that we might be seeing the beginning of the end for the euro, Europe’s common currency. Others were more optimistic, believing that tough love – temporary aid tied to reform – would soon produce recovery. Both camps were wrong. What we actually got was a rolling crisis that never seems to reach any kind of resolution. Every time Europe seems ready to go over the edge, policy makers find a way to avoid complete disaster. But every time there are hints of true recovery, something else goes wrong.

And here we go again. Not long ago, European officials were declaring that the Continent had turned the corner, that market confidence was returning and growth was resuming. But now there’s a new source of concern, as the specter of deflation looms over much of Europe. And the debate over how to respond is turning seriously ugly.

New York Times Editorial Board: British Press Freedom Under Threat

Britain has a long tradition of a free, inquisitive press. That freedom, so essential to democratic accountability, is being challenged by the Conservative-Liberal Democrat coalition government of Prime Minister David Cameron.

Unlike the United States, Britain has no constitutional guarantee of press freedom. Parliamentary committees and the police are now exploiting that lack of protection to harass, intimidate and possibly prosecute [The Guardian newspaper for its publication of information based on National Security Agency documents that were leaked by Edward Snowden. The New York Times has published similar material, believing that the public has a clear interest in learning about and debating the N.S.A.’s out-of-control spying on private communications. That interest is shared by the British public as well.

Robert Creamer: It’s Economic Inequality Stupid — What to Do About the Biggest Crisis Facing America

In 1992, the Clinton for President campaign is said to have had a poster on the wall of its war room that read: It’s the Economy Stupid. The object of the slogan was to keep the campaign on task.

Its goal was to make sure that every campaign message ultimately returned to the question of the economy. The campaign was convinced that no matter what else diverted their attention, the ultimate outcome of the election would hinge on who the voters thought would fix that broken economy.

Today, we would do well to have a poster that reminds us: It’s Economic Inequality Stupid. That’s because a good case can be made that to deal with any of our most pressing economic, social and economic problems, we must end the massive — still growing — disparity in distribution and control of the fruits of our economy.

Robert Reich: Having the Backbone to Set Minimum Standards for Health Insurance

Democrats are showing once again they have the backbones of banana slugs.

The Affordable Care Act was meant to hold insurers to a higher standards. So it stands to reason that some insurers will have to cancel their lousy sub-standard policies.

But spineless Democrats (including my old boss Bill Clinton) are caving in to the Republican-fueled outrage that the President “misled” Americans into thinking they could keep their old lousy policies — and are now urging the White House to forget the new standards and let people keep what they had before.

And some congressional Republicans are all too eager to join them, and allow insurers to offer whatever crap they were offering before — exposing families to more than $12,700 in out-of-pocket expenses, canceling policies of people who get seriously sick, failing to cover prescription drugs, and so on.

Dave Johnson: Imagine Democracy

“We the People.” How many of us have really thought through the implications of these three words? Can people today even imagine a government that is on the side of We the People, instead of being rigged to benefit the already-wealthy and crush the hopes and efforts of the rest of us?

Since the early 1970s corporate/conservative-funded interests have pounded the public 24/7/365 with unceasing propaganda promoting the idea that government can’t do anything right, business always does everything better and more “efficiently,” market solutions (one-dollar-one-vote) are better than public (one-person-one-vote) solutions, and so on.

Meanwhile democracy does not have a marketing budget, and for so long now so many people have not even heard that there can be another side, another approach to solving our problems and making our lives better. People just hear over and over that “government is bad, efforts to do things for each other are bad, but private business for profit is good.”

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

Dan Gillmor: Thanks to WikiLeaks, we see just how bad TPP trade deal is for regular people

The more you know about the odious Trans-Pacific Partnership, the less you’ll like it. It’s made for corporate intellectual property and profits

Among the many betrayals of the Obama administration is its overall treatment of what many people refer to as “intellectual property” – the idea that ideas themselves and digital goods and services are exactly like physical property, and that therefore the law should treat them the same way. This corporatist stance defies both reality and the American Constitution, which expressly called for creators to have rights for limited periods, the goal of which was to promote inventive progress and the arts. [..]

I’m talking about the appalling Trans-Pacific Partnership agreement, a partial draft of which WikiLeaks has just released. This treaty has been negotiated in secret meetings dominated by governments and corporations. You and I have been systematically excluded, and once you learn what they’re doing, you can see why.

The outsiders who understand TPP best aren’t surprised. That is, the draft “confirms fears that the negotiating parties are prepared to expand the reach of intellectual property rights, and shrink consumer rights and safeguards,” writes James Love a longtime watcher of this process.

Robert Sheer: The True Patriots in Congress Trying to End NSA Tyranny

Good old George can stop spinning in his grave. Yes, that George, our most heroic general and inspiring president, who warned us in his farewell address “to guard against the impostures of pretended patriotism. …” It’s an alert that’s been ignored in the nation’s hysterical reaction to the attacks of 9/11 that culminated in the NSA’s assault on our Constitution’s guarantee of “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. …”

That right was reaffirmed boldly and righteously Monday, for the entire world to hear, by F. James Sensenbrenner, the Republican chair of the House Judiciary Committee, which unanimously had produced the USA Patriot Act. Speaking on Monday at the Civil Liberties Committee of the European Parliament, Sensenbrenner blasted the misuse of the Patriot Act by the NSA and other government agencies entrusted with ensuring the nation’s safety.

 

Bruce A. Dixon: Progressive Sheepdogs, Democrat Sheep: Broken Promises & the Minimum Wage

If President Obama and his party didn’t even try to deliver on their 2008 campaign promise of a minimum wage hike when they had the White House and both houses of Congress on lockdown in 2010 and 2011, what does their sudden rediscovery of the minimum wage mean now, when they know they can move nothing through Congress?  Are they and their sheepdogs, the so-called “progressive Democrats” just yanking our chain again?

As a presidential candidate back in 2007 and 2008, Barack Obama promised to ram a hike in the minimum wage through Congress by 2011. Like the president’s promises to renegotiate NAFTA and enact labor law reforms to make union organizing possible again, it wasn’t one of those high profile pledges he repeated at every opportunity in front of every audience. He didn’t have to, that’s not the way it works.

If you’re a right-leaning Democrat nowadays, here’s how it works: you make those kinds of promises before small audiences of labor and poor folks. From that point, it’s the job of your sheepdogs, the Democrat “progressives” campaigning for you to keep the herd of your base voters in line by putting those words in your mouth a lot more often, and with a lot more emphasis than you actually place upon them. Promises are promises, after all, and promises made by the wealthy and powerful to the poor and powerless are worth exactly nothing.

Sadhbh Walshe: Lowering the minimum wage? What a terrible idea

Tony Abbott’s top business adviser wants a lower minimum wage in Australia. Well, let me fill you in on how the low-as-you-can-go wage model is working out for Americans

As someone who lives in America, every time I come in contact with Australia I get the feeling that we live in an upside down world. Your night time is our morning, our summer is your winter and while we’re firmly stuck in today, you’re already doing tomorrow (or is it the other way around)? Anyway, you get the drift, Australia is the Ginger Rogers to America’s Fred Astaire. I suppose it’s fitting then with the countries’ penchant for doing things in reverse, that just as America finds itself in the throes of a quasi-revolution to raise the minimum wage, some Australians are mounting a push to lower theirs. [..]

Before this movement takes flight, however, let me fill you in on how the low-as-you-can-go wage model is working out for Americans.

William Pfaff: NSA Megalomania Accomplishes Little Beyond Alienating Allies

It is the nature of bureaucracies to expand and accumulate prerogatives. The National Security Agency, a dusty post-Second World War institution of routine habits and outdated technology, focused on the remnants of the Soviet Union and its East European satellites, did not waste an opportunity when the 9/11 attacks occurred in New York and Washington. [..]

But the question to be asked of any bureaucracy is what it actually does. We know now that the NSA purloins (presumably electronically, but who knows?) other people’s mail. It undoubtedly, with its billions, can employ some second-story men, as well as those who service its giant antennae-or read your e-mails or copy out your Facebook page. But why do they bother? That is the fascinating question.

Teresa Wiltz: Renisha McBride: another racially charged shooting, same sad response

Renisha McBride’s death is still under investigation in Michigan, but we’re already seeing the mistrust with the case

it’s early still.

It’s been little more than a week, and the police are still investigating. So right now, it’s still too early to really know why – or how – Renisha McBride ended up dead on a porch in the middle of the night in Dearborn Park, Michigan. Reports differ: she was shot in the back of her head. No, she was shot in the face. Her body was dumped somewhere. No, she was found right there, right where she was shot. The gun went off accidentally. No, it was a “justified shooting” – the homeowner feared for his life. [..]

But it’s not too early for the country to react on cue, following the same sad script. On the one side, you have protesters bearing signs that read, “We Demand Justice: Renisha McBride”. On the other hand, on the internet, commenters quote Detroit crime statistics, creating an equation where Detroit equals black and scary, and one young woman’s life doesn’t count for much.

The Cost of War for Soldiers

In a three part interview that appropriately began on Veterans’ Day, journalist, author and photographer discussed her latest book They Were Soldiers: How the Wounded Return From America’s Wars-The Untold Story with Jaisal Noor, the Real News Network producer.



Transcript can be read here



Transcript can be read here



Transcript can be read here

They Didn’t Know What They Were Getting Into: The Cost of War American-Style

by Ann Jones, TomDispatch

   The last time I saw American soldiers in Afghanistan, they were silent. Knocked out by gunfire and explosions that left them grievously injured, as well as drugs administered by medics in the field, they were carried from medevac helicopters into a base hospital to be plugged into machines that would measure how much life they had left to save. They were bloody.  They were missing pieces of themselves. They were quiet.

   It’s that silence I remember from the time I spent in trauma hospitals among the wounded and the dying and the dead. It was almost as if they had fled their own bodies, abandoning that bloodied flesh upon the gurneys to surgeons ready to have a go at salvation. Later, sometimes much later, they might return to inhabit whatever the doctors had managed to salvage.  They might take up those bodies or what was left of them and make them walk again, or run, or even ski.  They might dress themselves, get a job, or conceive a child. But what I remember is the first days when they were swept up and dropped into the hospital so deathly still.

   They were so unlike themselves. Or rather, unlike the American soldiers I had first seen in that country. Then, fired up by 9/11, they moved with the aggressive confidence of men high on their macho training and their own advance publicity.

Raising the Minimum Wage Growing Momentum

The push for an increase in the minimum wage has grown with the recent passing of an increase in New Jersey from $7.25 to 8.25 with annual increases based in inflation. The amendment to the state’s constitution passed with 61% of the vote over newly reelected Governor Chris Christie’s objection. A Gallup poll conducted Nov. 5-6 shows that an even greater percentage of Americans would vote for an even higher minimum wage. According to a White House official, the Obama administration supports the bill introduced by Sen. Tom Harkin (D-IA) and and Rep. George Miller (D-CA) to raise the federal minimum wage from $7.25 an hour to $10.10 an hour in increments of 95 cents.

The same Gallup poll that showed 76% of Americans support for the increase, also showed support across party lines with 58% of self-identified Republicans supporting it. So what’s the problem? The issue is congress’ feral children, the Tea Party coalition in both houses who have vowed to block it and would completely abolish the minimum wage if they had their way. These are the same extremists who would repeal child labor laws, as well.

Despite the objections of the radical minority, the wave for an increase of the minimum wage is swelling as RJ Eskow observes:

There’s something happening here/what it is ain’t exactly clear …”

When Steve Stills wrote the dystopian anthem “For What It’s Worth” in 1966, it resonated with listeners who understood that great if half-hidden transformations were underway. There’s been a turn toward the dystopian in recent economic and social trends as well: Wall Street greed and criminality. The growing power of wealth over the political process. The rise of the Tea Party. The collapsing middle class. Growing inequalities of wealth. Lost social mobility.

But there were encouraging signs in 1966, as well as troubling ones, and that’s equally true today. Take the movement for a minimum wage. Voters in the state of New Jersey and the city of Tacoma, Washington voted to increase the minimum wage in last week’s election. These victories follow a series of polls which confirm that the general public holds strongly progressive views on issues which range from taxation to Medicare and Social Security.

Something is happening here.

Noam Scheiber, senior editor for The New Republic, spoke with Rachel Maddow about why economic populism is a wise strategy for Democrats.

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.  

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