Tag: TMC Politics

The Geithner Doctrine

The former special inspector-general of the troubled asset relief program (TARP), Neil Barofsky says that it is time for a “post mortem” analysis former Treasury Secretary Timothy Geithner’s doctrine, the preservation of large banks, the largesse of Wall St. and the perversion of of the US criminal justice system. In this article posted at naked capitalism, Mr. Barofsky looks at the effect of the “Geithner Doctrine” and the weak response to the LIBOR scandal:

The recent parade of banking scandals, such as the manipulation of Libor rates by Barclays, Royal Bank of Scotland and other major banks, can be traced back to the lax system of regulation before the financial crisis – and the weak response once disaster struck.

Take the response of the New York Federal Reserve to Barclays’ admission in 2008 that it was submitting false Libor rates and was not alone in doing so. Mr Geithner’s response was to in effect bury the tip. He sent a memo to the Bank of England suggesting some changes to the rate-setting process and then convened a meeting of regulators where he reportedly described only the risk but not the actual manipulation of the rate. He then put the government imprimatur on the rate via bailout programmes. His inaction helped permit a global crime to continue for another year.

When it was UBS’s turn to settle its Libor charges, even though a significant amount of the illegal activity took place at the parent company level, only a Japanese subsidiary was required to take a plea. Eric Holder, US attorney-general, demonstrated his embrace of the Geithner doctrine (a phrase coined by blogger Yves Smith) in explaining the UBS decision. He said that a more aggressive stance against the parent company could have a negative “impact on the stability of the financial markets around the world”.

This week we saw the latest instalment of the saga. In fining RBS £390m, the DoJ only indicted one of the bank’s Asian subsidiaries, avoiding the more damaging result that would have stemmed from charging the parent company.

Instead of seeking deterrence and justice, the US government increasingly appears to have fully absorbed the Geithner doctrine into its charging decisions by seeking a result that has a minimal impact on the target bank but will generate the best-looking press release. Some banks today are still too big to fail – and they are still too big to jail.

There are no meaningful consequences for this criminality. The fines with a promise not to do this again are just a game to allow the banks to continue the fraudulent conduct and find better ways to cover it up. Mr. Barofsky concludes that we must ditch the “Geithner Doctrine” to end “the game of incentives gone wild, and the lack of accountability in the aftermath of the crisis has only reinforced those bad incentives.”

o reclaim our system of justice, the global threat posed by the failure of any of our largest financial institutions must be neutralised once and for all. They must be reduced in size, their safety nets must be dramatically constricted and their capital requirements enhanced far beyond the current standards. Then, and only then, can the same set of rules apply to all.

In an extended interview with The Daily Show host Jon Stewart, Mr. Barofsky discussed the double standards of the TARP program and the alien culture of Washington DC and explains why the banks will never face true justice..

Punting the Pundits

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

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

Follow us on Twitter @StarsHollowGzt

Paul Krugman: The Ignorance Caucus

Last week Eric Cantor, the House majority leader, gave what his office told us would be a major policy speech. And we should be grateful for the heads-up about the speech’s majorness. Otherwise, a read of the speech might have suggested that he was offering nothing more than a meager, warmed-over selection of stale ideas.

To be sure, Mr. Cantor tried to sound interested in serious policy discussion. But he didn’t succeed – and that was no accident. For these days his party dislikes the whole idea of applying critical thinking and evidence to policy questions. And no, that’s not a caricature: Last year the Texas G.O.P. explicitly condemned efforts to teach “critical thinking skills,” because, it said, such efforts “have the purpose of challenging the student’s fixed beliefs and undermining parental authority.”

And such is the influence of what we might call the ignorance caucus that even when giving a speech intended to demonstrate his openness to new ideas, Mr. Cantor felt obliged to give that caucus a shout-out, calling for a complete end to federal funding of social science research. Because it’s surely a waste of money seeking to understand the society we’re trying to change.

The New York Times Editorial: Quietly Killing a Consumer Watchdog

The consumer bureau has taken seriously its mandate to protect the public from the kinds of abuses that helped lead to the 2009 recession, and it has not been intimidated by the financial industry’s army of lobbyists. That’s what worries Republicans. They can’t prevent the bureau from regulating their financial supporters. Having failed to block the creation of the bureau in the 2010 Dodd-Frank financial reform bill, they are now trying to take away its power by filibuster, and they may well succeed.

The bureau cannot operate without a director. Under the Dodd-Frank law, most of its regulatory powers – particularly its authority over nonbanks like finance companies, debt collectors, payday lenders and credit agencies – can be exercised only by a director. Knowing that, Republicans used a filibuster to prevent President Obama’s nominee for director, Richard Cordray, from reaching a vote in 2011. Mr. Obama then gave Mr. Cordray a recess appointment, but a federal appeals court recently ruled in another case that the Senate was not in recess at that time because Republicans had arranged for sham sessions.

Noah Feldman: Obama’s Drone Attack on Your Due Process

The biggest problem with the recently disclosed Obama administration white paper (pdf) defending the drone killing of radical clerk Anwar al-Awlaki isn’t its secrecy or its creative redefinition of the words “imminent threat.” It is the revolutionary and shocking transformation of the meaning of due process.

Fortunately, as seen during John Brennan’s confirmation hearing for Central Intelligence Agency director, Congress is starting to notice]. [..]

The Obama administration’s apparent belief that due process can be satisfied in secret internal inside the executive branch is arguably a greater departure from precedent. It is a travesty of the very notion of due process. And to borrow a phrase from Justice Robert Jackson, it will now lie about like a loaded weapon ready for the hand of any administration that needs it.

Sen. Bernie Sanders: A Choice For Corporate America: Are You With America Or The Cayman Islands

When the greed, recklessness, and illegal behavior on Wall Street drove this country into the deepest recession since the 1930s, the largest financial institutions in the United States took every advantage of being American. They just loved their country – and the willingness of the American people to provide them with the largest bailout in world history. In 2008, Congress approved a $700 billion gift to Wall Street. Another $16 trillion in virtually zero interest loans and other financial assistance came from the Federal Reserve. America. What a great country.

But just two years later, as soon as these giant financial institutions started making record-breaking profits again, they suddenly lost their love for their native country. At a time when the nation was suffering from a huge deficit, largely created by the recession that Wall Street caused, the major financial institutions did everything they could to avoid paying American taxes by establishing shell corporations in the Cayman Islands and other tax havens.

Robert Kuttner: The Sorry State of Our Union

President Obama delivers his fifth State of the Union Address on Tuesday. Based on White House leaks, the president will emphasize rebuilding the middle class. He will invoke the importance of education, infrastructure, clean energy, and manufacturing.

These are terrific themes, economically and politically. The only problem is that rebuilding the middle class by the public investments that the society needs is out of the question — because of the downward drag of a budget politics that the president shares.

The administration is officially committed to the idea that we need another $1.5 trillion in budget cuts over the next decade — a rate of fiscal contraction half again as large as this year’s Sequester, and for 10 full years.

Robert Reich: Coming Tuesday (Hopefully): The State of the Union’s Economy

If you’re sitting in the well of the House when a president gives a State of the Union address (as I’ve had the privilege of doing five times), the hardest part is on the knees. You’re required to stand and applaud every applause line, which means, if you’re in the cabinet or an elected official of the president’s party, an extraordinary amount of standing and sitting.

But for a president himself, the State of the Union provides a unique opportunity to focus the entire nation’s attention on the central issue you want the nation to help you take action on.

President Obama has been focusing his (and therefore America’s) attention on immigration, guns, and the environment. All are important. But in my view none of these should be the central theme of his address Tuesday evening.

The Grand Discussion: Economic Recovery Part 2

After his exclusive interview with MSNBC’s Chris Hayes, host of Up with Chris Hayes, Nobel Prize winning economist and New York Times columnist/blogger, Dr. Paul Krugman (@NYTimeskrugman) joins Chris and his panel guests Dean Baker (@DeanBaker13), co-director Center for Economic & Policy Research and author; Alexis Goldstein (@alexisgoldstein), a former vice president of information technology at Merrill Lynch and Deutsche Bank, now an Occupy Wall Street activist; and Heather McGhee (@hmcghee), vice-president of Demos. Enjoy the lively and informed discussion about the self imposed sequester crisis, global austerity and the role of inequality in the recovery.

The Grand Discussion: Economic Recovery Part 1

The US economy is stagnating and all that our elected officials are fixated on is reducing the deficit and debt with more spending cuts at a time when the government should be investing in this country to help produce jobs. Nobel Prize winning economist and New York Times columnist/blogger, Dr. Paul Krugman has explained that austerity measures in this sluggish economy will only further the pain with more job losses and increase the likely hood of a second recession.

MSNBC’s Chris Hayes, host of Up with Chris Hayes, sat down with Dr. Krugman for a fascinating one on one conversation about the president’s latest bid to delay the looming sequester cuts and why there is a difference between “Macro-economics 101” and what policy makers in DC are talking about. They also discuss the banking crisis and the continued divergence between profits and wages.

CISPA Resurrected

Stop CISPAYou know that dress or shirt that’s been hanging in your closet for years, you know that hideous shade of fuscia that was a fashion must have for barely a season but you had to buy it, well, there are some bills in Congress that are just like that, the Cyber Intelligence Sharing and Protection Act (CISPA) is one of those bills. On Friday, while everyone was distracted by the blizzard in the Northeast, House Intelligence Committee Chairman Mike Rogers (R-Mich.) and ranking member Rep. Dutch Ruppersberger (D-Md.)announced that they would reintroduce CISPA next week. Apparently alarmed by the recent hacks of government web sites and private banking information, this dynamic duo plan on reintroducing the same bill that the House passed last year that President Barack Obama’s advisors recommended he veto.

The bill, in the form it was presented in 2011,

would allow for the sharing of Internet traffic information between the U.S. government and certain technology and manufacturing companies. The stated aim of the bill is to help the U.S government investigate cyber threats and ensure the security of networks against cyberattack. [..]

CISPA has been criticized by advocates of Internet privacy and civil liberties, such as the Electronic Frontier Foundation, the American Civil Liberties Union, and Avaaz.org. Those groups argue CISPA contains too few limits on how and when the government may monitor a private individual’s Internet browsing information. Additionally, they fear that such new powers could be used to spy on the general public rather than to pursue malicious hackers. CISPA has garnered favor from corporations and lobbying groups such as Microsoft, Facebook and the United States Chamber of Commerce, which look on it as a simple and effective means of sharing important cyber threat information with the government.

Some critics saw CISPA as a second attempt at strengthening digital piracy laws after the anti-piracy Stop Online Piracy Act became deeply unpopular. Intellectual property theft was initially listed in the bill as a possible cause for sharing Web traffic information with the government, though it was removed in subsequent drafts

It is now clawing its way back to life. The ACLU is asking for our help to once again gear up to protect and preserve the right to freedom of the internet

Because of your activism last year, big and important changes were made to the Senate cyber bill, including significant privacy protections. Let’s do it again House-side. If the House wants smart cyber legislation that also protects privacy, it needs to ensure that the programs are civilian-led, minimize the sharing of sensitive personal information between government and corporations, and protect collected information from non-cyber uses.

So bone up on what CISPA does, see the many organizations from left to right who have opposed CISPA, compare it (pdf) to the far better legislation in the Senate, and read why even the Obama administration threatened to veto this bill last year. And get ready to fight for your right to online privacy once again.

This was what Internet Activist Aaron Swartz fought against when he called CISPA “The Patriot Act of the Internet”

Swartz told Russia Today that whereas SOPA was exclusively “about giving the government the power to censor the Internet,” CISPA has the same kind of censorship provisions but “is more like a Patriot Act for the Internet.”

“It sort of lets the government run roughshod over privacy protections and share personal data about you,” he explained, “take it from Facebook and Internet providers and use it without the normal privacy protections that are in the law. … It’s an incredibly broad and dangerous bill.”

“The thing about this bill is it doesn’t really have any protections against cyber threats,” Swartz added. “All it does is make people share their information. But that’s not going to solve the problem. What’s going to solve the problem is actual security measures, protecting the service in the first place, not spying on people after the fact.”

This bill needs to be stopped and quickly. The time to act is now, educate yourself, your family and friends to the danger this bill represents.

Violating Our Privacy Is Not An Option

Sign this petition and send Congress a message that our rights are not negotiable.

For Aaron and for us.

Punting the Pundits: Sunday Preview Edition

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

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

Follow us on Twitter @StarsHollowGzt

The Sunday Talking Heads:

Up with Chris Hayes: Joining Chris MSNBC will be: Paul Krugman, (@NYTimeskrugman), New York Times Op-Ed columnist and blogger, professor of economics and international affairs at Princeton University. Krugman won the Nobel Prize for Economics in 2008 for his extensive work surrounding international trade and two-way trade theory; Jeremy Scahill (@jeremyscahill), national security correspondent for The Nation magazine, author of “Blackwater: The Rise of the World’s Most Powerful Mercenary Army,” and the upcoming “Dirty Wars: The World is a Battlefield;” Richard Epstein (@RichardAEpstein), senior fellow at the Hoover Institution at Stanford University, professor of law at New York University Law School; Greg Johnsen, author of “The Last Refuge: Yemen, Al-Qaeda, and America’s War in Arabia;” Heather McGhee (@hmcghee), vice-president of Demos; Hina Shamsi (@HinaShamsi), director of the National Security Project for the ACLU; Dean Baker (@DeanBaker13), co-director Center for Economic & Policy Research, author of “The End of Loser Liberalism: Making Markets Progressive;”and Alexis Goldstein (@alexisgoldstein), a former vice president of information technology at Merrill Lynch and Deutsche Bank, now an Occupy Wall Street activist

This Week with George Stephanopolis:Guest on “This Week” are Rep. Tom Cole, R-Okla.; Rep. Keith Ellison, D-Minn.; Republican strategist and ABC News political analyst and contributor Nicolle Wallace; and Obama 2012 deputy campaign manager Stephanie Cutter debate all the week’s politics, with the latest reporting from ABC News Chief White House Correspondent Jonathan Karl and ABC News Chief Global Affairs Correspondent Martha Raddatz.

In  this week’s Sunday Spotlight, author George Saunders discusses his critically praised short story collection, “Tenth of December.”

Face the Nation with Bob Schieffer Mr. Schieffer’s guests are Sen. Lindsey Graham (R-SC); Sen. Jack Reed (D-RI); and Rep. Mike Rogers (R-MI).

Woodrow Wilson Center for International Scholars President Jane Harman, Center for Strategic and International Studies expert Jim Lewis and CBS News’ Justice and Homeland Security Correspondent Bob Orr join Rep. Mike Rogers, R-Mich., to discuss the threat of cyber attacks and drones outgoing Defense Secretary Leon Panetta said could be the “next Pearl Harbor.”

The Chris Matthews Show: Mr. Matthews’ guests this week are Joe Klein, TIME Columnist; David Ignatius, The Washington Post Columnist; Elisabeth Bumiller, The New York Times Pentagon Correspondent; and Gloria Borger. CNN Senior Political Analyst.

Meet the Press with David Gregory:This week on MTP the guests are House Majority Leader Eric Cantor (R-VA); and Assistant Democratic Leader Dick Durbin (D-IL).

Joining the roundtable discussion are NBC’s Michael Isikoff; Democratic Mayor of Atlanta Kasim Reed; former speechwriter for President George W. Bush now columnist for the Washington Post, Michael Gerson; GOP strategist Mike Murphy and the BBC’s Katty Kay.

State of the Union with Candy Crowley: Ms. Crowley’s guests are Sen. Rand Paul (R-KY); Sen. Angus King (I-ME) and; former Defense Secretary Robert Gates.

Her guests for a roundtable discussion are  Rep. Jan Schakowsky, Democrat from Illinois; Kay Bailey Hutchison, the Former Republican Senator from Texas; Amy Walter, the National Editor of the Cook Political Report, and CNN National Political Correspondent Jim Acosta.

What We Now Know

In this week’s segment of What We Know Now, Up host Chris Hayes gives his take on this winter’s infamous norovirus that was spread by restaurant workers who do not have, or did not know they had unpaid sick leave. to discuss what they have learned this week, he is joined by panel guests Mona Eltahawy (@monaeltahawy), columnist and public speaker on Arab and Muslim issues; Rangina Hamidi, president of Kandahar Treasure, the first women-run business in Kandaha; Laura Flanders (@GRITlaura), founder of GRITtv.org, contributing writer to The Nation; and Mallika Dutt (@mallikaduttv), founder of Breakthrough India/Breakthrough U.S.

Norovirus spreads across nation.

by Branden Largent, Minnesota Daily

Typically called “stomach flu,” it has no relation to the flu.

A new strain of the norovirus  – typically misnamed the “stomach flu” – has been spreading throughout the country, according to the Centers for Disease Control and Prevention .

Symptoms for norovirus include diarrhea, vomiting and nausea, and sometimes fever, headache and body aches that last up to three days. [..]

Norovirus is a food-borne illness, Kelley said, and can spread quickly through nursing homes, cruise ships, restaurants and residence halls.

Paul Allwood, University director of Occupational Health and Safety,  said statewide food industry regulations mandate that people with norovirus symptoms cannot come to work until they are symptom-free for 72 hours.

Food service workers are also restricted from handling kitchenware and ready-to-eat foods for an additional 72 hours.

Sick leave bill pressed by workers’ groups, citing flu

by Ramiro S. Funez, Queens Chronicle

Labor rights activists across the borough are pressing lawmakers for passage of the long-delayed sick leave bill, after a local deli worker who was sick with the flu was fired for taking a day off work to visit his doctor.

Members of Make the Road New York and the NYC Paid Sick Days Campaign rallied outside the former employer of Elmhurst resident Emilio Palaguachi on Jan. 31 to urge City Council Speaker Christine Quinn (D-Manhattan) to finally bring the Paid Sick Time Act to a vote. [..]

“No one knows when the bill will pass. It can be in a few days or in a few years,” Palaguachi said. “We’re trying, and I know it’s not easy, but we are continuing to try to get people to pass the bill.”

The proposed bill is supported by the Working Families Party, the state Paid Family Leave Coalition, Make the Road and A Better Balance, a family legal center.

Pennsylvania Medicaid Expansion Nixed By GOP Gov. Tom Corbett

by Jeffrey Young, The Huffington Post

Pennsylvania won’t make Medicaid available to more of its poor residents, Gov. Tom Corbett (R) told state legislators during his budget address Tuesday.

By rejecting the Medicaid expansion under President Barack Obama’s health care reform law, Corbett becomes the 11th Republican governor to turn down federal funding to provide health benefits to low-income residents. Pennsylvania now joins Idaho, Maine and a swath of states from Georgia to Texas in refusing to add more people to Medicaid, which is jointly managed and financed by the federal and state governments. [..]

Corbett’s announcement comes a day after fellow Republican governor John Kasich of Ohio became the fifth GOP state executive to back the Medicaid expansion. In contrast to Corbett’s claims about the affordability of adding more people to Medicaid, Kasich, Arizona Gov. Jan Brewer (R) and others have cited the high level of federal funding as a key reason to participate. The chief executives of 20 states and the District of Columbia now support the Medicaid expansion.

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: The US Should Grow the Deficit, Not Shrink It

The US economy is too fragile to reduce spending and raise taxes. Fiscal austerity is a recipe for worse pain.

There is an astounding level of confusion surrounding the current US deficit. There are three irrefutable facts about the deficits:

First, the United States has large deficits because the collapse of the housing bubble sank the economy

Second, if we had smaller deficits the main result would slower growth and higher unemployment.

Third, large projected long-term deficits are the result of a broken health care system, not reckless government “entitlement” programs.

Robert Sheer: America’s Global Torture Network

The title, “Globalizing Torture,” says it all. This meticulous accounting of the network of torture chambers that the United States has authorized in more than 54 nations is a damning indictment that should make all of us in this country cringe with shame. [..]

When it comes to torture in the post 9/11 era, the record of the United States is so appalling that one must question our claimed abhorrence of the barbarism of other nations. In fact, the essence of our rendition program has been to outsource torture to those countries most sadistic in their use of “enhanced interrogation techniques.” That is flattery of a most twisted sort.

New York Times Editorial: Improper Efforts to Limit Competitive Drugs

Two big biotechnology companies, Amgen and Genentech, are lobbying state legislatures to limit competition to their biological drugs that will lose patent protection in the next several years. Before taking any action, lawmakers should wait for guidance from the Food and Drug Administration, the agency that reviews all drugs and their generic versions for safety and effectiveness. [..]

American consumers, insurers and health care providers could potentially save billions of dollars a year by using cheaper versions of brand-name biologicals that now cost tens or hundreds of thousands of dollars a year per patient. States should not move to limit access to biosimilar drugs before the F.D.A. has issued final guidelines on how to ensure their safety. In their lobbying campaign, revealed by Andrew Pollack in The Times recently, the two companies have persuaded legislators to introduce bills that would restrict the ability of pharmacists to substitute cheaper biosimilars in filling prescriptions.

Matthew Rothschild: Brennan’s Obscene Testimony at Confirmation Hearing

John Brennan tried to elude his questioners at his confirmation hearing as CIA director.

On one question after another, he excreted octopus ink to dodge or obfuscate. [..]

While he denounced and renounced waterboarding, he refused to call it torture.

And he confirmed that “foreign partners” were holding most of the people the U.S. has under interrogation today, and that the CIA is involved in those interrogations, sometimes directly. “The CIA should be able to lend its full expertise,” he said.

That “full expertise” includes all sorts of techniques that are banned by the Geneva Conventions and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Dave Johnson: Fix the Trade Deficit, Fix the Economy

Yet another report is out showing how the trade deficit is costing us millions of jobs and hurting our economy. This report has specific numbers: between 2.2 million and 4.7 million U.S. jobs, between 1 percent and 2.1 percent of the unemployment rate and a gross domestic product increase of between 1.4 percent and 3.1 percent.

These are real numbers that were carefully calculated. This is a real problem that is hurting people, hurting small and mid-sized companies, hurting communities, hurting our tax base and hurting our ability to make a living in the future. And there are real solutions available to fix the problem.

If you saw the movie Roger & Me, you saw what happened to Flint, Mich. when GM’s executives moved the jobs out of the country. That movie showed what a trade deficit does. Roger & Me came out in 1989 and was really only a small, local look at what was coming to much of the country. In the decades since then, the problem spread to entire regions. This is not some economic dislocation due to changes in the economy; this is regional and even national devastation that doesn’t have to happen and that no country should tolerate.

Mike Lux: TBTF, TBTJ: Too Big to Exist

I am really excited that the long overdue battle over immigration reform and a path to citizenship has finally begun in earnest. While I am heartsick at the reason, it is good news that common-sense gun safety laws are once again being discussed in this country almost two decades after we finally passed the Brady Bill. And the ongoing, never-ending budget fights remain urgently important in terms of stopping more damage to middle class and poor people in America. I know I will be engaging daily in the vitally important battles over all these issues, and I expect my progressive allies all over the country will be as well. [..]

And looming over these economic problems is quite literally the elephant in the room: these gargantuan Too Big To Fail, and apparently Too Big To Jail, Wall Street financial conglomerates. Because of their massive economic and political power, the financial sector swallows up more than 40 percent of the economy in this country, and because they can make more money doing speculative high-speed trading than by investing in manufacturing or infrastructure or making loans to small businesses, those sectors get starved for capital. Because of Wall Street’s obsession with short term profit, workers are not invested in and wages keep getting driven down. Because these banks’ accountants have figured out that their short-term stock prices will stay higher if they continue to show inflated housing assets on their books, they have been unwilling to work with homeowners to write down underwater debt. Because of tax policies such as low capital gains and the carried interest loophole that favor the financial sector, the federal budget is starved for resources, and because Wall Street wants to be able to speculate with senior citizens’ money, the pressure keeps building to cut or privatize Social Security, as well as state and local government workers’ pensions.

The Drone Wars

There weren’t many questions about the legality of targeted assassinations from the Senators for CIA Director nominee during his hearing before the  Senate Select Committee on Intelligence. This morning on MSNBC’s Morning Joe, Zbigniew Brzezinski, former National Security Advisor to Pres. Jimmy Carter, said the problem with drones was not the drones themselves but the how they are used. There are many questions about the legality of targeted assassinations, not just with regard to its constitutionality, but its permissibility under international law and treaties.

This analysis by Kevin Gosztola of the Justice Department undated white paper memo that was revealed by Michael Isikoff, discusses the convoluted and weak defense of the program:

According to the Justice Department’s white paper, “The threat posed by al Qaida and its associated forces demands a broader concept of imminence in judging when a person continually planning terror attacks presents an imminent threat, making the use of force appropriate.” A “decision maker” cannot know all the al Qaida plots being planned at any one moment and, as a result, “cannot be confident” no plots are about to occur. There may be a small window of opportunity to take action. And so, the United States does not need to have “clear evidence that a specific attack on US person and interests will take place in the immediate future” to attack a target.

There is absolutely no way the targeted killing program can operate under these incredibly authoritarian presumptions and reasonably considered to follow international law.

UN special rapporteur on counterterrorism and human rights Ben Emmerson, who has launched an investigation into the use of drones and targeted killings by countries for the purposes of fighting terrorism, does not appear to think the US is abiding by international law. [..]

The targeted killing program does not appear to adhere to international law. The Justice Department knows that, which is why it lifted phrases from actual tenets of international law and cited historical analysis of legal questions offered to excuse massive war crimes. That was the best it could do to piece together some kind of argument that it it is legal.

Moreover, the Justice Department’s assertion it can preemptively attack individuals out of “self-defense” is as questionable as the claim Bush made that Iraq posed an “imminent threat” and needed to be attacked out of “self-defense.” Both twist international law to provide cover for the inevitable commitment of atrocities. And, in the end that may not be surprising because, like the justification for war in Iraq, the justification for targeted killings is intended to make normal the use of state-sanctioned murder to further the agenda of American empire.

National security correspondent for The Nation, Jeremy Scahill joined Amy Goodman and Juan Gonzalez to talk about John Brennan’s testimony fro the Senate committee:

President Obama’s nominee to run the CIA, John Brennan, forcefully defended Obama’s counterterrorism policies, including the increase use of armed drones and the targeted killings of American citizens during his confirmation hearing Thursday. “None of the central questions that should have been asked of John Brennan were asked in an effective way,” says Jeremy Scahill, author of the forthcoming book “Dirty Wars.” “In the cases where people like Sen. Angus King or Sen. Ron Wyden would ask a real question, for instance, about whether or not the CIA has the right to kill U.S. citizens on U.S. soil. The questions were very good – Brennan would then offer up a non-answer. Then there would be almost a no follow-up.” Scahill went on to say, “[Brennan has] served for more than four years as the assassination czar, and it basically looked like they’re discussing purchasing a used car on Capitol hill. And it was total kabuki oversight. And that’s a devastating commentary on where things stand.



Transcript not yet available.

Mr. Brennan’s testimony did raise some serious questions about oversight of this program:

The committee’s chairwoman, Sen. Dianne Feinstein, D-Calif., told reporters after the hearing that she wanted to open more of the program to the public so U.S. officials can acknowledge the strikes and correct what she said were exaggerated reports of civilian casualties.

Feinstein said she and other senators were considering legislation to set up a special court system to regulate drone strikes, similar to the one that signs off on government surveillance in espionage and terrorism cases. [..]

Feinstein said other senators including Dick Durbin, D-Ill., Chuck Grassley, R-Iowa, and Pat Leahy, D-Vt., have all indicated “concern and interest” over how to regulate drones.

Rep. Adam Schiff, D-Calif., a member of the House Intelligence Committee, said some members of his panel also had been looking at establishing a “court-like entity” to review the strikes.

It appears that Mr. Brennan will be confirmed and that should be a huge concern for all Americans.

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

Glen Ford: Obama and Co. Make Up the Law as They Kill

“The white paper empowers Obama to delegate the kill-at-will authority.”

Yes We Can MurderUnlike the bombast that characterized the Bush administration’s assaults on U.S. and international law, the Obama regime tends to dribble out its rationales for gutting the Bill of Rights and every notion of global legality. This president prefers to create a fog – let’s call it the fog of his war against human rights – as he arrogates to himself the power to perpetually imprison or to summarily execute anyone, at any time, anywhere in the world. Obama assures us such authority is constitutionally rooted – it’s in there, believe me, he tells us – but he never produces legal chapter and verse to prove that presidential dictatorship is lawful. Instead, we get dribs and drabs of the administration’s position from lawyers defending Obama’s preventive detention law in the courts, or from informal statements by the attorney general, or even little tidbits gleaned from an Obama conversation with comedian Jon Stewart. [..]

Dr. Martin Luther King Jr. was fond of saying that the arc of history bends towards justice. In the long term, that may be true. But Martin’s arc is not bending towards justice under this administration. It bends towards fascism, with a Black presidential face.

Paul Krugman: Kick That Can

John Boehner, the speaker of the House, claims to be exasperated. “At some point, Washington has to deal with its spending problem,” he said Wednesday. “I’ve watched them kick this can down the road for 22 years since I’ve been here. I’ve had enough of it. It’s time to act.”

Actually, Mr. Boehner needs to refresh his memory. During the first decade of his time in Congress, the U.S. government was doing just fine on the fiscal front. In particular, the ratio of federal debt to G.D.P. was a third lower when Bill Clinton left office than it was when he came in. It was only when George W. Bush arrived and squandered the Clinton surplus on tax cuts and unfunded wars that the budget outlook began deteriorating again.

Dean Baker: Corporate America: Saving the Twinkie but Not the Workers

No, I am not kidding. Steven Davidoff has a DealBook column touting the fact that Hostess Twinkies are likely to survive as a product, even though the company that makes them has gone bankrupt. The Twinkie brand, along with other iconic brands owned by the company, will be sold off in bankruptcy to other companies who expect to be able to profitably market them. Of course there is no guarantee that they will restart the old factories and rehire the Hostess workers, likely leaving them out in the cold.

There are two major issues here. First, in the United States firms can in general fire workers at will. This means that if they can find workers elsewhere in or outside the country who will work for less, then they can dump their current workforce and higher lower cost labor. This happens all the time. Most other wealthy countries require some sort of severance payment to longer term workers, but the United States does not.

Robert Reich: The Economic Challenge Ahead: More Jobs and Growth, Not Deficit Reduction

Can we just keep things in perspective? On Tuesday, the President asked Republicans to join him in finding more spending cuts and revenues before the next fiscal cliff whacks the economy at the end of the month.

Yet that same day, the Congressional Budget Office projected that the federal budget deficit will drop to 5.3 percent of the nation’s total output by the end of this year.

This is roughly half what the deficit was relative to the size of the economy in 2009. It’s about the same share of the economy as it was when Bill Clinton became president in 1992. The deficit wasn’t a problem then, and it’s not an immediate problem now.

Yes, the deficit becomes larger later in the decade. But that’s mainly due to the last-ditch fiscal cliff deal in December.

Richard (RJ) Eskow: Sen. Kaufman On JPMorgan Chase: Private Lawsuit Found Evidence the Feds Didn’t

Think of it as the story of two antagonists. One of them was an honest Senator who came to Washington to fight corruption. The other is an arrogant banker who’s so sure of his untouchability that he wore “FBI” cufflinks when he made a public appearance last month.

Former Sen. Ted Kaufman, whose epic struggle to bring Wall Street to justice was depicted in PBS Frontline‘s recent episode The Untouchables, made a striking observation on a press call today. “In a private case,” Sen. Kaufman said, the Dexia bank’s lawsuit “… uncovered reams of emails directly related to the fact that fraud was (allegedly) being committed by JPMorgan Chase.”

He was referring to headlines like “E-Mails Imply JPMorgan Knew Some Mortgage Deals Were Bad” in the New York Times and “JPMorgan Hid Reports of Defective Loans Before Sales ” in Bloomberg News. Sen. Kaufman added:

“It is just hard to believe that if the Department of Justice had made Wall St fraud a major priority, with the resources they have, they could not have found these same emails and brought these cases.”

E. J. Dionne, Jr.: Republicans: Rebranding vs. Rethinking

Rebranding is trendy in the Republican Party.

Rep. Eric Cantor gave a major speech on Tuesday to advance the effort. Gov. Bobby Jindal wants the GOP to stop being the “stupid party.” Karl Rove is setting up a PAC (it’s what he does these days) to defeat right-wing crazies who cost the party Senate seats.

But there’s a big difference between rebranding-this implies the product is fine but needs to be sold better-and pursuing a different approach to governing. Here’s an early action report.

Load more