Tag: Open Thread

On This Day In History February 8

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

February 8 is the 39th day of the year in the Gregorian calendar. There are 326 days remaining until the end of the year (327 in leap years).

On this day in 1828, Jules Gabriel Verne is born in Nantes, Brittany in France. He was a French author who pioneered the science-fiction genre. He is best known for novels such as Twenty Thousand Leagues Under the Sea (1870), A Journey to the Center of the Earth (1864), and Around the World in Eighty Days (1873). Verne wrote about space, air, and underwater travel before air travel and practical submarines were invented, and before practical means of space travel had been devised. He is the third most translated individual author in the world, according to Index Translationum. Some of his books have been made into films. Verne, along with Hugo Gernsback and H. G. Wells, is often popularly referred to as the “Father of Science Fiction”.

Literary debut

After completing his studies at the lycée, Verne went to Paris to study for the bar. About 1848, in conjunction with Michel Carré, he began writing libretti for operettas. For some years his attentions were divided between the theatre and work, but some travellers’ stories which he wrote for the Musée des Familles revealed to him his true talent: the telling of delightfully extravagant voyages and adventures to which cleverly prepared scientific and geographical details lent an air of verisimilitude.

When Verne’s father discovered that his son was writing rather than studying law, he promptly withdrew his financial support. Verne was forced to support himself as a stockbroker, which he hated despite being somewhat successful at it. During this period, he met Victor Hugo and Alexandre Dumas, pére, who offered him writing advice.

Verne also met Honorine de Viane Morel, a widow with two daughters. They were married on January 10 1857. With her encouragement, he continued to write and actively looked for a publisher.

Verne’s situation improved when he met Pierre-Jules Hetzel, one of the most important French publishers of the 19th century, who also published Victor Hugo, Georges Sand, and Erckmann-Chatrian, among others. They formed an excellent writer-publisher team until Hetzel’s death. Hetzel helped improve Verne’s writings, which until then had been repeatedly rejected by other publishers. Hetzel read a draft of Verne’s story about the balloon exploration of Africa, which had been rejected by other publishers for being “too scientific”. With Hetzel’s help, Verne rewrote the story, which was published in 1863 in book form as Cinq semaines en balloon (Five_Weeks_in_a_Balloon Five Weeks in a Baloon). Acting on Hetzel’s advice, Verne added comical accents to his novels, changed sad endings into happy ones, and toned down various political messages.

From that point, Hetzel published two or more volumes a year. The most successful of these include: Voyage au centre de la terre (Journey to the Center of the Earth, 1864); De la terre à la lune (From the Earth to the Moon, 1865); Vingt mille lieues sous les mers (Twenty Thousand Leagues Under the Sea, 1869); and Le tour du monde en quatre-vingts jours (Around the World in Eighty Days), which first appeared in Le Temps in 1872. The series is collectively known as “Voyages Extraordinaires” (“extraordinary voyages”). Verne could now live on his writings. But most of his wealth came from the stage adaptations of Le tour du monde en quatre-vingts jours (1874) and Michel Strogoff (1876), which he wrote with Adolphe d’Ennery. In 1867 Verne bought a small ship, the Saint-Michel, which he successively replaced with the Saint-Michel II and the Saint-Michel III as his financial situation improved. On board the Saint-Michel III, he sailed around Europe. In 1870, he was appointed as “Chevalier” (Knight) of the Légion d’honneur. After his first novel, most of his stories were first serialised in the Magazine d’Éducation et de Récréation, a Hetzel biweekly publication, before being published in the form of books.

In his last years, Jules Verne wrote a novel called Paris in the 20th Century about a young man who lives in a world of glass skyscrapers, high-speed trains, gas-powered automobiles, calculators, and a worldwide communications network, yet cannot find happiness and comes to a tragic end. Hetzel thought the novel’s pessimism would damage Verne’s then booming career, and suggested he wait 20 years to publish it. Verne put the manuscript in a safe, where it was discovered by his great-grandson in 1989. It was published in 1994.

In 1905, while ill with diabetes, Verne died at his home, 44 Boulevard Longueville (now Boulevard Jules-Verne).

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: Get ready: the day we fight back against mass surveillance is coming

Lawmakers must understand that we will no longer tolerate a surveillance state. An online protest on 11 February is a first step

Two years ago, major websites like Google, Reddit and Wikipedia went dark for a day. They were protesting the then-pending “Stop Online Piracy Act,” federal legislation that would have done enormous damage to the open internet by creating system of censorship and deterring digital-media innovators. The 18 January 2012 blackout created an outpouring of opposition from average Americans who suddenly realized what was at stake, and Congress backed off a bill that almost certainly would have passed otherwise.

There won’t be a website blackout next Tuesday, 11 February, but there will be another virtual call to arms. In the US the primary goal this time is to help reverse America’s retreat from liberty by telling lawmakers we can’t abide a surveillance state – and by insisting they vote for a measure, called the USA Freedom Act, that would begin to restore the civil liberties we’ve lost in recent times. (For people outside the US the goal will be similar, to push authorities toward policies favoring liberty and privacy.)

Next week’s protest organizers are calling it “The Day We Fight Back Against Mass Surveillance“. They’ve lined up an array of backers of various political persuasions. You don’t often see the American Civil Liberties Union on the same side of an issue as the very conservative FreedomWorks, but they are this time.

Michael Cohen: James Clapper might as well be called director of US fearmongering

There are real threats to the US, but Clapper should be able to talk about them in sober, evidence-based, non-hysterical terms

James Clapper is very worried. It’s not the first time.

Last week the man who serves as America’s Director of National Intelligence trudged up to Capitol Hill to tell the assembled members of the Senate Select Intelligence Committee (pdf) that the annual worldwide threat assessment, put together by the intelligence community, has filled him with dread. [..]

So what precisely is worrying Clapper? There are the old stand-bys like “the scourge and diversification of terrorism” both of the global jihadist and home-grown variety. We’ll simply put aside for a second the fact that significantly more Americans die each year from falling furniture and exponentially more die from freedom … er, [I mean guns v].

Clapper is concerned about “implications of the drawdown in Afghanistan”, which is a nice pivot from a few years ago when Afghanistan was a vital national interest that necessitated a ramp up of US military engagement there v] (pdf). There’s also the “sectarian war in Syria” and “its attraction as a growing center of radical extremism”, which is compelling evidence that Syria is poised to take up the mantle of “[failed state that foreign policy elites are really worried about.”

Ana Marie Cox: Excuse me, but we shouldn’t be moving on from West Virginia’s chemical spill

America has grown a vast and complex regulatory and financial support system for cheap, dirty energy. This isn’t over

Authorities in West Virginia declared the water of 300,000 residents affected by last month’s chemical spill safe to drink on 14 January, just five days after the incident. Since then, a few things have happened. Stop me if you’ve heard them before (but I doubt you have). [..]

To anyone that follows environmental news, this arc is familiar: A human-interest story with an environmental pollution angle breaks through the media chatter. Cable news outlets roll clips of distraught residents. Footage the damage unspools (with or without stomach-turning images of dead or injured wildlife). There is a news conference of dubious utility. Investigative reporters find evidence of previous infractions of safety and environmental regulations. Politicians declare the need for hearings and more strict enforcement. Volunteers show up to help. Sometimes there’s a concert.

Then we move on. We move on despite the fact that the chemical leak was, in some ways, an improvement on the status quo for West Virginians: at least the residents knew there were questions about the water piped into their homes. Most of the time, most West Virginians simply live in the toxic aftermath of the daily release of not-quite-as-verifiably deadly chemicals. The mix of air, water, and soil pollution that is a matter of course in coal mining counties means that children born in those areas have a 26% higher risk of developing birth defects than those born in non-coal-mining counties. That’s not from drinking water that’s been declared contaminated, that’s from drinking water, breathing air, and playing on ground they’ve been told is safe.

Russell Brand: Philip Seymour Hoffman is another victim of extremely stupid drug laws

In Hoffman’s domestic or sex life there is no undiscovered riddle – the man was a drug addict and, thanks to our drug laws, his death inevitable

Philip Seymour Hoffman’s death was not on the bill.

If it’d been the sacrifice of Miley Cyrus or Justin Bieber, that we are invited to anticipate daily, we could delight in the Faustian justice of the righteous dispatch of a fast-living, sequin-spattered denizen of eMpTyV. We are tacitly instructed to await their demise with necrophilic sanctimony. When the end comes, they screech on Fox and TMZ, it will be deserved. The Mail provokes indignation, luridly baiting us with the sidebar that scrolls from the headline down to hell.

But Philip Seymour Hoffman? A middle-aged man, a credible and decorated actor, the industrious and unglamorous artisan of Broadway and serious cinema? The disease of addiction recognises none of these distinctions. Whilst routinely described as tragic, Hoffman’s death is insufficiently sad to be left un-supplemented in the mandatory posthumous scramble for salacious garnish; we will now be subjected to mourn-ography posing as analysis. I can assure you that there is no as yet undiscovered riddle in his domestic life or sex life, the man was a drug addict and his death inevitable.

Chris Kluwe: Athletes in Sochi must speak up about Russia’s intolerance. I did it in the NFL

Olympians shouldn’t be silent about abuse against LGBTQ people in Russia. Doing what’s right is better than winning

The International Olympic Committee (IOC), chief benefactor of these big money sponsors, has determined that any athlete speaking out in “accredited areas” against the human rights violations occurring in Russia right now will be found in violation of the Olympic Charter, banned from the games, and stripped of any medals. Corporate sponsorships, the pot of gold at the end of the Olympic rainbow, will disappear. A lifetime spent preparing, training, hour after agonizing hour, will have been for naught if an athlete dares to make a political statement at the wrong time about political events happening in a politicized Olympics; politicized in no small part by the IOC refusing to uphold their own charter when it applies to themselves.

How can the IOC get away with this blatant disregard of their own rules? Easy. The IOC has what Olympic athletes want. Money. Power. Fame. [..]

What is the true price of fame?

The price of fame is being a role model, whether you like it or not, and people are always watching.

The world is watching. The platform is yours.

Nicholas Freudenberg CVS stores will no longer sell cigarettes. It’s the health over profit revolution

The decision to cut tobacco shows that advocates and public opinion can swing the profit-loss calculus in favour of health

The CVS decision announced today to stop selling tobacco products at its 7,600 pharmacies around the United States by 1 October is an important step forward for public health – and for tobacco control activists.  [..]

From a public health perspective, the CVS decision is good news because research shows that the ubiquity of unhealthy products contributes to their overuse. The more places people can purchase and consume alcohol, tobacco, sugary beverages, salty snacks and fast food, the more they ingest. Alcohol, tobacco and processed food corporations know that easy access triggers the cravings or addictions their products are designed to elicit. Normally, they vociferously oppose any limits on their right to put their wares within arm’s reach. The decision by the nation’s second largest pharmacy chain to choose a different path shows that public mobilization, changing social norms and regulation can combine to persuade at least some companies to choose the high road.

On This Day In History February 7

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

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

February 7 is the 38th day of the year in the Gregorian calendar. There are 327 days remaining until the end of the year (328 in leap years).

On this day in 1795, The 11th Amendment to the United States Constitution is ratified. It dealt with each state’s sovereign immunity from being sued in federal court by someone of another state or country.

The Eleventh Amendment (Amendment XI) to the United States Constitution, which was passed by the Congress on March 4, 1794 and was ratified on February 7, 1795, deals with each state’s sovereign immunity from being sued in federal court by someone of another state or country. This amendment was adopted in order to overrule the U.S. Supreme Court‘s decision in Chisholm v. Georgia, 2 U.S. 419 (1793).]

Amendment Eleven:

   The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

By itself this Amendment is a little impenetrable. It was passed as a clarification of Article 3, Section 2 of the Constitution, specifically Clause One which reads:

Clause 1:

   The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;–between a State and Citizens of another State; between Citizens of different States,–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects

Basically what this boils down to is the concept of Sovereign Immunity. Basically you can not use the Federal Government unless it agrees to let the case be heard. Yes, you read that right. The Government reserves the right to prevent you from suing it, as a citizen, except under very specific circumstances. The exceptions are detailed in the Federal Tort Claims Act and the Tucker Act. These acts allow a citizen to sue the Government if there is a claim resulting from either the actions of a federal employee or if there is a case involving contracts with the Federal Government.

Now, Amendment 11 extends this same sovereign immunity to the States in terms of the Federal Courts. What that means is that you as a citizen can not use the Federal Courts to sue your State Government, without the consent of the State. The Dog believes the reason for this is to prevent citizens from tying up their government with suits that arise from the normal operation of the government. As a practical matter it forces citizens that don’t like the way things are being run to replace their government officials instead of just suing the government.

Now, this does not apply to crimes committed by members of the government or the government itself. There is what is called a Stripping Doctrine that says when a government employee or official commits a crime, they have lost their immunity. So, in the case of torture or War Crimes there can be no reasonable sovereign immunity defense.

h/t Something the Dog Said

Punting the Pundits

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

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

Follow us on Twitter @StarsHollowGzt

New York Times Editorial Board: A Missing Argument on Contraceptives

One of the most anticipated showdowns of the Supreme Court’s current term will take place March 25, when the justices are scheduled to hear two cases brought by secular, for-profit corporations whose owners want an exemption, based on their religious beliefs, from the requirement that employers’ health plans cover the full range of contraceptive services without a co-payment.

The question before the justices is whether the requirement, part of the new health care law, violates the Religious Freedom Restoration Act of 1993, a statute designed to give even greater protection to religious exercise than the Supreme Court had deemed constitutionally required in a 1990 ruling. [..]

Oddly, the Justice Department has relegated to a footnote what may be the strongest single argument against allowing the two companies to deny their workers contraceptive coverage that they would otherwise be entitled to under the health care law. That would be the Constitution’s establishment clause enforcing the separation of church and state and barring government from favoring one religion over another or nonbelievers. But that is exactly what would happen if the restoration act were to be read as a congressional order requiring federal courts to grant private for-profit employers an exemption that would effectively allow them to impose their beliefs on employees to deny them a valuable government benefit.

Richard (RJ) Eskow: Post Office Banking Could Be the Start of Something Big

It seems like an idea whose time has come. With one in four American households partially or entirely excluded from the current banking system, and with the U.S. Post Office in search of additional revenue, why not use the postal system to offer banking services to lower-income households?

In fact, this is an idea whose time has already come, more than once. Many nations — among them Great Britain, Japan, Germany, Israel, and Brazil — provide or have provided some form of postal banking services. So did the United States, until 1966.

It’s hardly a radical idea. The U.S. system was voted into law in 1910, during the presidency of William Howard Taft. In any case, a better way to describe it would be as a beginning.

Juan Cole: Broken Democracy: Republicans Poised to Take Senate, Americans Reject Their Platform

A lot of political analysts think it is entirely possible that the Republicans will take the senate next November. This development won’t change much, in all likelihood, if it does occur. The Republican majority in the House of Representatives can already block most legislation, and in 2013 it dedicated itself the the proposition that the country must be punished for re-electing Barack Obama, by being denied virtually any new needed legislation at all. The Republicans won’t have a two-thirds majority in the Senate, and so won’t be able to over-rule an Obama veto.

What is odd, and damning of the current American political system, is that the Republican Party’s major platform positions are roundly rejected by the American people. That is, they are ideologically a minority party. And yet they manage to win elections. [..]

The system is obviously broken. Cutting down the role of big money in our politics, and reforming our districting processes, is key to fixing it. Until then, our politics will continue to lurch to the right even as the public is left of center, and that is a recipe for trouble down the road.

John Nichols: Harry Reid Knows Opposing Fast Track Is Smart Policy and Smart Politics

There are a lot of reasons Senate majority leader Harry Reid shot down President Obama’s State of the Union request for a congressional grant of fast-track trade promotion authority to negotiate new free-trade deals like the Trans-Pacific Partnership.

Reid has a history of skepticism when it comes to trade deals, having opposed the North American Free Trade Agreement, permanent normalization of trade relations with China and a host of other arrangements that were favored by Wall Street interests.

Reid has a skeptical caucus. Only one Senate Democrat is on record in favor of granting fast-track authority, which would allow the administration to negotiate the TPP deal without meaningful congressional oversight or amendments. And that senator, Montana’s Max Baucus, is preparing to exit the chamber to become US ambassador to China. Senators who are sticking around, like Ohio’s Sherrod Brown and Massachusetts’ Elizabeth Warren, are ardently opposed.

Yet Reid’s rejection of Obama’s request was not a show of skepticism. It was an expression of outspoken oppositio

Robert Reich: Why Widening Inequality Is Hobbling Equal Opportunity

Under a headline “Obama Moves to the Right in a Partisan War of Words,” The New York Times‘ Jackie Calmes notes Democratic operatives have been hitting back hard against the President or any other Democratic politician talking about income inequality, preferring that the Democrats talk about equality of opportunity instead.

“However salient reducing inequality may be,” writes Democratic pollster Mark Mellman, “it is demonstrably less important to voters than any other number of priorities, incudlng reducing poverty.”

The President may be listening. Wags noticed that in his State of the Union, Obama spoke ten times of increasing “opportunity” and only twice of income inequality, while in a December speech he spoke of income inequality two dozen times.

But the President and other Democrats — and even Republicans, for that matter — should focus on the facts, not the polls, and not try to dress up what’s been happening with more soothing words and phrases.

Howard Dean: Containing Health Costs Is Good But Not at the Expense of the Mentally Ill

Recently, the Centers for Medicare & Medicaid Services (CMS) put forth a proposed rule that would make unprecedented changes to the six classes of medication that are specifically protected under Part D. Historically, these protected classes have existed to ensure patients have access to critical prescription drugs. These proposed changes endanger that safeguard.

Patients suffering from mental illness are likely to suffer the consequences of this rule more than any other populations. The proposed rule would make significant changes to the availability of antidepressants and antipsychotics. Implementing these changes will bring additional risk to an already vulnerable population.

Mental health is an increasingly significant issue in the United States and resources, both private and public, should be targeted at fostering understanding, improving the lives of patients, and reducing the toll mental illness takes on our society. By limiting the number of drugs available to this population, regulators will create another barrier to treatment for patients suffering from mental illness.

On This Day In History February 6

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

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

February 6 is the 37th day of the year in the Gregorian calendar. There are 328 days remaining until the end of the year (329 in leap years).

On this day in 1952, Elizabeth II becomes the first Queen regnant of the United Kingdom and several other realms since Queen Victoria, upon the death of her father, George VI. At the exact moment of succession, she was in a treehouse at the Treetops Hotel in Kenya.

Elizabeth II (Elizabeth Alexandra Mary, born 21 April 1926) is the Queen regnant of 16 independent sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize, Antigua and Barbuda, and Saint Kitts and Nevis. In addition, as Head of the Commonwealth, she is the figurehead of the 54-member Commonwealth of Nations and, as the British monarch, she is the Supreme Governor of the Church of England.

Elizabeth was educated privately at home. Her father, George VI, became King-Emperor of the British Empire in 1936. She began to undertake public duties during the Second World War, in which she served in the Auxiliary Territorial Service. After the war and Indian independence George VI’s title of Emperor of India was abandoned, and the evolution of the Empire into the Commonwealth accelerated. In 1947, Elizabeth made the first of many tours around the Commonwealth, and married Prince Philip, Duke of Edinburgh. They have four children: Charles, Anne, Andrew, and Edward.

In 1949, George VI became the first Head of the Commonwealth, a symbol of the free association of the independent countries comprising the Commonwealth of Nations. On his death in 1952, Elizabeth became Head of the Commonwealth, and constitutional monarch of seven independent Commonwealth countries: the United Kingdom, Canada, Australia, New Zealand, South Africa, Pakistan, and Ceylon. Her coronation in 1953 was the first to be televised. During her reign, which at 58 years is one of the longest for a British monarch, she became queen of 25 other countries within the Commonwealth as they gained independence. Between 1956 and 1992, half of her realms, including South Africa, Pakistan, and Ceylon (renamed Sri Lanka), became republics.

In 1992, which Elizabeth termed her annus horribilis (“horrible year”), two of her sons separated from their wives, her daughter divorced, and a severe fire destroyed part of Windsor Castle. Revelations on the state of her eldest son Charles’s marriage continued, and he divorced in 1996. The following year, her former daughter-in-law Diana, Princess of Wales, died in a car crash in Paris. The media criticised the royal family for remaining in seclusion in the days before Diana’s funeral, but Elizabeth’s personal popularity rebounded once she had appeared in public and has since remained high. Her Silver and Golden Jubilees were celebrated in 1977 and 2002 respectively, and planning for her Diamond Jubilee in 2012 is underway.

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.

Wednesday is Ladies’ Day.

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

Follow us on Twitter @StarsHollowGzt

Cindy Cohn: Pete Seeger and the NSA

The world lost a clear, strong voice for peace, justice, and community with the death of singer and activist Pete Seeger last week. While Seeger was known as an outspoken musician not shy about airing his political opinions, it’s also important to remember he was once persecuted for those opinions, despite breaking no law. And the telling of this story should give pause to those who claim to be unconcerned about the government’s metadata seizure and search programs that reveal our associations to the government today.

In 1955, Seeger was called before the House Un-American Activities Committee, where he defiantly refused to answer questions about others who he associated with and who shared his political beliefs and associations, believing Congress was violating his First Amendment rights. He was especially concerned about revealing his associations:

   I will be glad to tell what songs I have ever sung, because singing is my business. . . .  But I decline to say who has ever listened to them, who has written them, or other people who have sung them.

But if the same thing were to happen today, a Congressional subpoena and a public hearing wouldn’t be necessary for the government to learn all of our associations and other “private affairs.” Since the NSA has been collecting and keeping them, they could just get that same information from their own storehouses of our records.

Wenonah Hauter: Fast Tracking TPP Would Mean More Corporate Control of Our Democracy

Do you care about having access to local and sustainably produced food or protecting your drinking water? Are you concerned about corporate influence distorting our elections?

If you answered yes to either of these questions, you should be worried about legislation Senator Max Baucus and Rep. Dave Camp recently introduced that would grant the Obama administration fast-track authority.

Those measures would allow the White House to quickly push the Trans Pacific Partnership (TPP) and another trade deal with Europe through Congress with a simple up or down vote.

Fast-track authority would give the Obama administration the unchecked power to promote future trade deals. Those pacts would allow corporations to challenge any democratically enacted federal, state or local laws and regulations that would limit their narrow financial interests.

The TPP and the U.S.-EU Free Trade Agreement are really corporate power grabs disguised as trade agreements containing provisions that would undermine basic consumer rights, including issues related to our food, water and local sovereignty.

The TPP threatens the very essence of our democratic process by promoting the privatization of public resources and corporate self-regulation. It would give companies the ability to overrule local governing bodies on decisions about fracking, food safety, public health and the environment.

It would have disastrous implications for U.S. consumers.

Zoë Carpenter: Is Glenn Greenwald a Criminal?

In 1798, the Federalist Party leveraged fear of French spies and domestic traitors to pass theSedition Act, making it a crime to publish “any false, scandalous and malicious writing” that would bring Congress and the president into “contempt or disrepute.” Punishment ranged from six months to five years in prison and $5,000, a small fortune at the time. Several editors and publishers were prosecuted. Some newspapers folded, others were cowed into silence and at least one editor fled and continued to write in hiding. [..]

More than two centuries later Representative Mike Rogers, the Republican in charge of the House Intelligence Committee, has come up with a new way to silence reporters responsible for stories he considers threatening to national security. In a lengthy exchange in a hearing on Tuesday with FBI director James Comey about the documents leaked by Edward Snowden, Rogers suggested that because reporters are profiting from stories based on these stolen documents, they have committed crimes. The discussion is worth reading in full, but here’s the key bit:

   ROGERS: So if I’m a newspaper reporter for-fill in the blank-and I sell stolen material, is that legal because I’m a newspaper reporter?

   COMEY: Right, if you’re a newspaper reporter and you’re hocking stolen jewelry, it’s still a crime.

   ROGERS: And if I’m hocking stolen classified material that I’m not legally in possession of for personal gain and profit, is that not a crime?

Comey demurred, saying the question “could have First Amendment implications.”

No kidding: While the government has gone after reporters for refusing to reveal their sources for stories based on unauthorized leaks, no journalist has ever been prosecuted simply for reporting a story based on classified information. Doing so would tip the balance between the government and the Fourth Estate dramatically.

Barbara Garson: All the President’s Middlemen: The Public-Private Profiteers

If You Want to Play Doctor, Don’t Hire an Insurance Company as Your Receptionist

Health care isn’t the first boon that President Obama tried to give us through a public-private partnership.  When he took office, more than 25% of U.S. home mortgages were underwater — meaning that people owed more on their houses than they could get if they tried to sell them.  The president offered those homeowners debt relief through banks.  Now he’s offering health care through insurance companies

In both cases, the administration shied away from direct government aid.  Instead, it subsidized private companies to serve the people.  To get your government-subsidized mortgage modification, you applied at your bank; to get your government-mandated health coverage, you buy private insurance. [..]

Private health insurance companies can only survive if people throw their hands up in horror at the thought of an incompetent and intrusive government.  Expect, then, that the untimely requests for death certificates, the delayed payments to doctors, the arbitrary denials of coverage, and all the other slings and arrows that the insured already endure will be baroquely embellished and cynically blamed on “government.”

If it was hard for underwater homeowners to distinguish between bankers and bureaucrats while they were losing their homes, it will be even harder for frustrated sick people to untangle the public and private strands so tightly braided into the Affordable Care Act. That, however, is what has to happen if Americans are to move toward a simpler, go-to-the-doctor-when-you’re-sick healthcare system.

Lisa Guisbond: NCLB Crashed and Burned. When Will We Ever Learn?

It’s 2014, the year all U.S. public schools were  supposed to reach 100% student proficiency, so said No Child Left Behind (NCLB),

No, you didn’t miss the fanfare.  One hundred percent proficiency didn’t happen. Not even close.  In fact, our classrooms are making even less progress toward improving overall educational performance and narrowing racial test score gaps than before NCLB became law.

The problem is policy makers are still following NCLB’s test-and-punish path. The names of the tests may have changed, but the strategy remains the same. As the late, great Pete Seeger sang, “When will we ever learn?”

It’s not that the law’s proponents haven’t acknowledged – repeatedly – the law’s vast unpopularity and negative consequences, including the way it made schools all about testing. Back in 2007, Congressman George Miller, an [NCLB v] co-author, said, “No Child Left Behind may be the most negative brand in America.” The retiring congressman said recently that the results from the federally mandated tests were intended to measure school progress and drive improvements. Instead, he said, “the mission became about the test.”

Katrina vanden Heuvel: Tom Perkins and the guilt of the gilded

When Tom Perkins, the billionaire co-founder of the venture capital firm Kleiner Perkins Caufield & Byers, warned in a letter to the Wall Street Journal that the “demonization of the rich” in America was comparable to the anti-Semitism that led to Kristallnacht, the coordinated attacks on Jews in 1938 Nazi Germany, the ensuing uproar led even his old firm to disavow his views. [..]

But it is inequality, not populism, that continues to spiral out of control. Billionaires attending the annual World Economic Forum (WEF) gathering in Davos, Switzerland were greeted with an Oxfam report revealing that the 85 richest people in the world have as much wealth as the 3.5 billion poorest, or one half of humanity, and detailing the “pernicious impact” of the yawning disparities. Academics, including Nobel Prize winner Joseph Stiglitz, argue convincingly that the extreme inequality contributes directly to global stagnation. And even the WEF’s own poll of movers and shakers this year named the growing wealth divide as the leading geopolitical risk. President Obama has chimed in as well, terming inequality the “defining challenge of our time.”

Michelle Goldberg: Why Do We Have Unsafe Abortion in the United States?

In the most recent issue of The New Yorker, Eyal Press, a Nation contributor and the son of an OB/GYN who provided abortions, has a harrowing and important story about the rogue abortionist Steven Brigham, who has owned substandard clinics all around the country. Brigham has been involved in horrifically botched surgical abortions as well as a number of medical abortions that failed because he used methotrexate, a cheaper, less effective and more dangerous drug than the commonly prescribed mifepristone. In some cases, he began a procedure in New Jersey and then had patients driven to Maryland where he would complete it, so as to circumvent New Jersey law governing late-term abortion. One of his patients, an 18-year-old African-American girl who was twenty-one weeks pregnant, had to be airlifted to Johns Hopkins Hospital after her uterus was perforated and bowel damaged.

There have been complaints and investigations about Brigham going back to the 1990s, but somehow he continues to operate, moving from one state to another and opening new clinics when old ones are shut down. On the surface, his case, like that of gruesome Kermit Gosnell, seems like evidence for the anti-abortion movement’s contention that abortion clinics are under-regulated. “The argument about abortion often centers around the morality of killing the unborn,” writes Jillian Kay Melchior in National Review. “But Press’s story really hammers home the impact on the vulnerable women who often find themselves exploited at sketchy abortion clinics.”

On This Day In History February 5

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

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

February 5 is the 36th day of the year in the Gregorian calendar. There are 329 days remaining until the end of the year (330 in leap years).

On this day in 1917, with more than a two-thirds majority, Congress overrides President Woodrow Wilson’s veto of the previous week and passes the Immigration Act.. The law required a literacy test for immigrants and barred Asiatic laborers, except for those from countries with special treaties or agreements with the United States, such as the Philippines.

The Immigration Act of 1917, also known as the Asiatic Barred Zone Act, added to the number of undesirables banned from entering the country, including but not limited to “idiots”, “feeble-minded persons”, “criminals”, “epileptics”, “insane persons”, alcoholics, “professional beggars”, all persons “mentally or physically defective”, polygamists, and anarchists. Furthermore, it barred all immigrants over the age of sixteen who were illiterate. The most controversial part of the law was the section that designated an “Asiatic Barred Zone”, a region that included much of eastern Asia and the Pacific Islands from which people could not immigrate. Previously, only the Chinese had been excluded from admission to the country. Attempts at introducing literacy tests had been vetoed by Grover Cleveland in 1897 and William Taft in 1913. Wilson also objected to this clause in the Immigration Act but it was still passed by Congress on the fourth attempt.

Anxiety in the United States about immigration has often been directed toward immigrants from China and Japan. The Chinese Exclusion Act of 1882 barred Chinese from entering the U.S. The Gentlemen’s Agreement of 1907 was made with Japan to regulate Japanese immigration to the U.S. The Immigration Act of 1917 is one of many immigration acts during this time period which arose from nativist and xenophobic sentiment. These immigration laws were intentional efforts to control the composition of immigrant flow into the United States.

Punting the Pundits

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

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

Follow us on Twitter @StarsHollowGzt

New York Times Editorial Board: The Mayor and the Unions

On Feb. 12, the mayor is scheduled to present his first budget, a preliminary document that will say a lot about his priorities for the coming fiscal year. Looming over it, a horizon’s worth of storm clouds ready to burst, is the challenge he warned of last week in Albany: negotiating new contracts with nearly all the city’s labor unions.

Mr. de Blasio likes to talk about the city’s yawning “chasm” of social and economic inequality, which he has pledged his mayoralty to closing. But there is another chasm close at hand. In one of his last acts as mayor, Michael Bloomberg declared that he was leaving a balanced budget. That sketchy assertion relied heavily on one-shot revenues and overlooked uncertainty about cuts in federal aid, the recovery from Hurricane Sandy and, most of all, more than 150 bargaining units, representing about 300,000 city employees, that are working on expired contracts, some for five or six years.  [..]

Still, his job demands more than affability. Now is the time for Mr. de Blasio to be bold to the point of confrontational, to endure name-calling, resentment and lower poll numbers. The rap on him is that he hasn’t run anything; the rap on liberal Democrats is that they can’t run this unruly city. Mr. Bloomberg, for all his efficiency and tough talk, never hammered out a deal to put the city and its labor costs on a sound footing. Now is Mr. de Blasio’s chance to achieve that goal and upend the widely held, if unfair, expectations of what a Democrat can do.

Robert Redford: Reality Check on Keystone XL: Despite Industry Spin, New Environmental Report Lays Ground for Denial

The more people learn about the Keystone XL tar sands pipeline, the less they like it. Despite what we might be hearing in industry spin, the environmental report released by the State Department Friday confirms that tar sands crude means a dirtier, more dangerous future for our children all so that the oil industry can reach the higher prices of overseas markets. That’s right, overseas markets, which is where the majority of this processed oil will end up. This dirty energy project is all risk and no reward for the American people.

You’ll remember that the president said he won’t greenlight a project that raises the dangers of climate change. The State Department report makes it clear that this is exactly what Keystone XL would do. Bottom line: the tar sands pipeline fails the president’s climate test. It’s a bad idea. It needs to be denied.

Eugene Robinson: We’re Losing This Drug War

Oscar-winning actor Philip Seymour Hoffman is yet another victim of the war on drugs. Prohibition is not working. It is time to try something new. [..]

Why would a man held in such high esteem, a man with so much going for him and so much to live for, risk it all by buying illegal drugs from a criminal on the street and then injecting them into his veins? For the same reason any addict uses drugs: to get high.

Perhaps this desire was a moral failing on Hoffman’s part. Perhaps its origin lies buried in his personal history, with some trauma having triggered it. Perhaps it is written in his genetic code. I doubt we’ll ever know for sure.

What we do know is that this need to get high is beyond some people’s control. Our drug policy of prohibition and interdiction makes it difficult and dangerous for people like Hoffman to get high, but not impossible-and makes these tragic overdose deaths more common than they have to be.

Dean Baker: The Attack of the Robots: Economists’ Silly Fantasies

Economists are not very good at economics. We know this because we had a huge housing bubble that collapsed, which almost none of them saw. The pre-crash projections from the Congressional Budget Office imply that this downturn has already cost us more than $7.6 trillion, or $25,000 per person. This could have been prevented if we had economists in policy positions who understood how the economy worked.

But even if economists aren’t very good at dealing with the economy, they still can provide value to society. In particular they can be a great source of entertainment. That’s how we should view the story that robots will take all of our jobs and leave most of the population unemployed.

This story has become a popular theme lately among Washington policy types. There are important people from across the political spectrum running around town wringing their hands over the prospect that the economy may not provide jobs for large segments of the labor force.

Richard (RJ) Eskow: The Populist Moment

Of all the myths that circulate in Washington, perhaps none is more prevalent or intractable than the one that says that the United States is a “moderate” nation — and that the “center” of public opinion lies somewhere between the views of conservative Democrats and those of less extreme Republicans (a relative term at best).

The polling data shows conclusively that this is wrong, but the mythology refuses to die.

According to the myth, the rise of populism is to be condemned as “polarization,” a situation that the capital’s insider subculture routinely laments — even when it involves something that in other historical moments would be described as “a debate.”

In this worldview, “populists” are as extreme as Tea Party radicals and are to be treated with equal disdain. At best they’re useful naïfs who can be trotted out to stir up the base at election time, then to be conveniently sidelined again for the next four years. And that worst they’re childlike ideologues, to be condescended to and dismissed.

Cenk Uygur: The Sniveling Apologizers at MSNBC Don’t Represent Progressives

First, let me be clear that this is not intended for the hosts on MSNBC. It’s management that’s the issue. The way Phil Griffin has his hosts trot out for one apology after another is revolting. At least, he included himself in the genuflecting to the right-wing last time around. The whole display is pathetic.

Let’s also be clear about another thing. Phil Griffin, who happens to be the head of MSNBC, is not a liberal or progressive. I worked at MSNBC, I talked to Phil Griffin many times, I know Phil Griffin. He is not remotely progressive. All he cares about is success in his own career. He even basically admitted in this recent interview that he would head a conservative network if it made more money. The idea that he represents progressives as he keeps groveling to conservatives is absurd and sickening.

On This Day In History February 4

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

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

February 4 is the 35th day of the year in the Gregorian calendar. There are 330 days remaining until the end of the year (331 in leap years).

On this day in 1789, George Washington becomes the first and only president to be unanimously elected by the Electoral College. He repeated this notable feat on the same day in 1792.

The peculiarities of early American voting procedure meant that although Washington won unanimous election, he still had a runner-up, John Adams, who served as vice president during both of Washington’s terms. Electors in what is now called the Electoral College named two choices for president. They each cast two ballots without noting a distinction between their choice for president and vice president. Washington was chosen by all of the electors and therefore is considered to have been unanimously elected. Of those also named on the electors’ ballots, Adams had the most votes and became vice president.

George Washington (February 22, 1732 – December 14, 1799) was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Britain in the American Revolutionary War as commander in chief of the Continental Army in 1775-1783, and he presided over the writing of the Constitution in 1787. As the unanimous choice to serve as the first President of the United States (1789-1797), he developed the forms and rituals of government that have been used ever since, such as using a cabinet system and delivering an inaugural address. As President he built a strong, well-financed national government that avoided war, suppressed rebellion and won acceptance among Americans of all types, and Washington is now known as the “Father of his country”.

In Colonial Virginia, Washington was born into the provincial gentry in a wealthy, well connected family that owned tobacco plantations using slave labor. Washington was home schooled by his father and older brother but both died young and Washington became attached to the powerful Fairfax clan. They promoted his career as surveyor and soldier. Strong, brave, eager for combat and a natural leader, young Washington quickly became a senior officer of the colonial forces, 1754-58, during the first stages of the French and Indian War. Indeed, his rash actions helped precipitate the war. Washington’s experience, his military bearing, his leadership of the Patriot cause in Virginia, and his political base in the largest colony made him the obvious choice of the Second Continental Congress in 1775 as commander-in-chief of the Continental Army to fight the British in the American Revolution. He forced the British out of Boston in 1776, but was defeated and nearly captured later that year when he lost New York City. After crossing the Delaware River in the dead of winter he defeated the enemy in two battles, retook New Jersey, and restored momentum to the Patriot cause. Because of his strategy, Revolutionary forces captured two major British armies at Saratoga in 1777 and Yorktown in 1781. Negotiating with Congress, governors, and French allies, he held together a tenuous army and a fragile nation amid the threats of disintegration and invasion. Historians give the commander in chief high marks for his selection and supervision of his generals, his encouragement of morale, his coordination with the state governors and state militia units, his relations with Congress, and his attention to supplies, logistics, and training. In battle, however, Washington was repeatedly outmaneuvered by British generals with larger armies. Washington is given full credit for the strategies that forced the British evacuation of Boston in 1776 and the surrender at Yorktown in 1781. After victory was finalized in 1783, Washington resigned rather than seize power, and returned to his plantation at Mount Vernon, proving his opposition to dictatorship and his commitment to republican government.

Washington presided over the Constitutional Convention that drafted the United States Constitution in 1787 because of his dissatisfaction with the weaknesses of Articles of Confederation that had time and again impeded the war effort. Washington became the first President of the United States in 1789. He attempted to bring rival factions together in order to create a more unified nation. He supported Alexander Hamilton‘s programs to pay off all the state and national debts, implement an effective tax system, and create a national bank, despite opposition from Thomas Jefferson. Washington proclaimed the U.S. neutral in the wars raging in Europe after 1793. He avoided war with Britain and guaranteed a decade of peace and profitable trade by securing the Jay Treaty in 1795, despite intense opposition from the Jeffersonians. Although never officially joining the Federalist Party, he supported its programs. Washington’s “Farewell Address” was an influential primer on republican virtue and a stern warning against partisanship, sectionalism, and involvement in foreign wars.

Washington had a vision of a great and powerful nation that would be built on republican lines using federal power. He sought to use the national government to improve the infrastructure, open the western lands, create a national university, promote commerce, found a capital city (later named Washington, D.C.), reduce regional tensions and promote a spirit of nationalism. “The name of AMERICAN,” he said, must override any local attachments.” At his death Washington was hailed as “first in war, first in peace, and first in the hearts of his countrymen”. The Federalists made him the symbol of their party, but for many years the Jeffersonians continued to distrust his influence and delayed building the Washington Monument. As the leader of the first successful revolution against a colonial empire in world history, Washington became an international icon for liberation and nationalism. His symbolism especially resonated in France and Latin America. Historical scholars consistently rank him as one of the two or three greatest presidents.

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

Robert Kuttner: Hopeless Inequality (or Feeble Politics)?

Though President Obama’s State of the Union said the right things about the disgrace of growing inequality in America, his remedial measures are mainly gestures. Yes, they are gestures in the right direction, but not an effective politics.

Obama’s plea, “Give America a raise,” was the most effective applause line of the evening. Even Republicans were compelled to cheer. But his order raising the minimum wage on government contractors will help a few hundred thousand workers and add less than a billion dollars to household purchasing power. He declined to use other executive powers to compel contractors not to violate basic labor laws.

His directive allowing the creation of self-started IRA accounts for low-income workers will perhaps promote the habit of savings. But it will not give them the needed income to spare them from living hand to mouth with nothing left over to save.

Juan Cole: Christie, Clapper and other Officials who should be in Jail instead of Snowden

The vindictiveness toward Edward Snowden in official Washington has nothing to do with law-breaking and everything to do with the privileges of power. The powerful in Washington may spy on us, but we are not to know about it. Snowden’s sin in their eyes was to level the playing field, to draw back the curtain and let the public see what the spies were doing to them The United States has become so corrupt that the basic principle of the law applying to all equally has long since became a quaint relic. We are back to a system of aristocratic privilege. If we had a rule of law and not of men, Edward Snowden would be given a medal and the following officials would be on the lam to avoid serious jail time.

1. James Clapper. Clapper, the Director of National Intelligence, was involved in massive and willful violations of the Fourth Amendment of the Constitution.  [..]

2. Gen. Keith Alexander, outgoing head of the NSA, should also be in jail. Like Clapper, he violated his oath to uphold the constitution by collecting petabytes of personal data from Americans and storing it for 5 years. [..]

3. NJ governor Chris Christie defended the NSA spying against Rand Paul’s observation that it is unconstitutional.

[..]

4. Rep. Peter King (R-NY), who rules the Sunday morning programs and has said profoundly bigoted things against Muslim-Americans, has also loudly defended NSA spying and attacked Snowden. [..]

5. Former Vice President Richard Bruce Cheney (they always refer to felons by their full name) slammed Snowden. But Cheney lied us into a war on false pretenses and tried mightily to out Valerie Plame as a CIA operative (his team left material around that Richard Armitage saw, and it was his contact that broke the story. But Cheney and his staff were the ones actively pushing the story with the press. Cheney should be in jail, not Snowden.

New York Times Editorial: The Capitol’s Spinning Door Accelerates

The anonymous congressional staff members who write the nation’s laws generally work hard for fairly modest wages. Increasingly, though, they do so because there is a promise of K-Street riches at the end of their toil.

A new study by the Sunlight Foundation found that the number of active lobbyists with prior government experience has nearly quadrupled since 1998, rising to 1,846 in 2012. Those revolving-door lobbyists, mostly from Capitol Hill, accounted for nearly all of the huge growth in lobbying revenue during that period, which increased to $1.32 billion from $703 million in 1998. [..]

The danger of this practice, as always, is that the lure of corporate-lobbying money is strong enough to orient both lawmakers and their staffs toward the values of their future employers. (And it’s not necessary to be a registered lobbyist to make big money in the influence game.) This isn’t a new phenomenon, but its growth shows that the current waiting period before congressional employees can lobby is far too easy to evade, and may not be long enough.

Senator Elizabeth Warren: Coming to a Post Office Near You: Loans You Can Trust?

According to a report put out this week by the Office of the Inspector General (OIG) of the U.S. Postal Service, about 68 million Americans — more than a quarter of all households — have no checking or savings account and are underserved by the banking system. Collectively, these households spent about $89 billion in 2012 on interest and fees for non-bank financial services like payday loans and check cashing, which works out to an average of $2,412 per household. That means the average underserved household spends roughly 10 percent of its annual income on interest and fees — about the same amount they spend on food.

Think about that: about 10 percent of a family’s income just to manage getting checks cashed, bills paid, and, sometimes, a short-term loan to tide them over. That’s more than a full month’s income just to try to navigate the basics [..]

But it doesn’t have to be this way. In the same remarkable report this week, the OIG explored the possibility of the USPS offering basic banking services — bill paying, check cashing, small loans — to its customers. With post offices and postal workers already on the ground, USPS could partner with banks to make a critical difference for millions of Americans who don’t have basic banking services because there are almost no banks or bank branches in their neighborhoods.

Meagan Ralston: The Tragedy of Philip Seymour Hoffman: How We Can Prevent Overdose Deaths

What makes the death of Philip Seymour Hoffman all the more tragic is that it happened in New York, a state with a wide array of policies and services designed to reduce drug overdose deaths and save the lives of people who use drugs. New York has a 911 Good Samaritan law, which offers some protection from drug charges for people who call 911 to report a suspected overdose. Many people panic at the scene of an overdose, fearing they or the overdose victim will be arrested for possessing small amounts of drugs. Good Samaritan laws in over a dozen states, including New York, encourage people to act quickly to save a life without fear of drug charges for minor violations. New Yorkers also have limited access to the opiate overdose reversal medicine naloxone. If administered right away, naloxone can can reverse an overdose and restore normal breathing.

Naloxone is generic, inexpensive, non-narcotic, works quickly and is not only safe, but also easy to use. It’s been around since the 1970s and has saved tens of thousands of lives. New York also [just this week v] introduced legislation to expand access to it.

So many states are just now starting to take some great steps to get naloxone in the hands of more people. Hoffman’s death perfectly illustrates how terribly urgent this is. Even the Office of National Drug Control Policy is supporting naloxone in the hands of cops. But we can’t stop there. It’s not enough for law enforcement and EMT’s to have access to naloxone — people who use drugs and others who might witness an opiate overdose must have that same access. Whoever is the first to respond to the overdose, the actual “first responder,” must be permitted access to naloxone, period. We need to make sure that local and federal governments are on board and that we’re getting naloxone into as many pharmacies as possible.

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