Tag: TMC Politics. Politics

Back in February of this year when we were battling ACTA, SOPA, and PIPA to protect the internet, I wrote about the Trans Pacific Partnership which would have impose even stricter provisions on copyright law and the internet than ACTA. Well, TPP hasn’t gne away and the secret negotiations by the Obama administration has raised serious questions from both sides of the Congressional aisle. The trade document (pdf), which has been a more closely guarded secret than Dick Cheney’s location, was leaked by Public Citizen a long-time critic of the administration’s trade objectives. Their analysis of the stealth policy that is being advocated by the super corporations and the Obama administration is, in a word, frightening.

A leak today of one of the most controversial chapters of the Trans-Pacific Partnership (TPP) reveals that extreme provisions have been agreed to by U.S. officials, providing a stark warning about the dangers of “trade” negotiations occurring under conditions of extreme secrecy without press, public or policymaker oversight, Public Citizen said.

“The outrageous stuff in this leaked text may well be why U.S. trade officials have been so extremely secretive about these past two years of TPP negotiations,” said Lori Wallach, director of Public Citizen’s Global Trade Watch. “Via closed-door negotiations, U.S. officials are rewriting swaths of U.S. law that have nothing to do with trade and in a move that will infuriate left and right alike have agreed to submit the U.S. government to the jurisdiction of foreign tribunals that can order unlimited payments of our tax dollars to foreign corporations that don’t want to comply with the same laws our domestic firms do.”  [..]

The TPP may well be the last trade agreement that the U.S. negotiates. This is because TPP, if completed, would have a new feature relative to past U.S. trade pacts: It would remain open for any other country to join later. Last month, USTR Kirk said that he “would love nothing more” than to have China join TPP.

In one move without congressional ratification, the agreement could:

offshore millions of American jobs,

free the banksters from oversight,

ban Buy America policies needed to create green jobs and rebuild our economy,

decrease access to medicine,

flood the U.S. with unsafe food and products,

and empower corporations to attack our environmental and health safeguards.

Zach Carter of Huffington Post reveals that the agreement confers on multinational corporations the ability to circumvent US laws and regulation:

Under the agreement currently being advocated by the Obama administration, American corporations would continue to be subject to domestic laws and regulations on the environment, banking and other issues. But foreign corporations operating within the U.S. would be permitted to appeal key American legal or regulatory rulings to an international tribunal. That international tribunal would be granted the power to overrule American law and impose trade sanctions on the United States for failing to abide by its rulings. [..]

While the current trade deal could pose a challenge to American sovereignty, large corporations headquartered in the U.S. could potentially benefit from it by using the same terms to oppose the laws of foreign governments. If one of the eight Pacific nations involved in the talks passes a new rule to which an American firm objects, that U.S. company could take the country to court directly in international tribunals.

Public Citizen challenged the independence of these international tribunals, noting that “The tribunals would be staffed by private sector lawyers that rotate between acting as ‘judges’ and as advocates for the investors suing the governments,” according to the text of the agreement.

Some of the other parts of the agreement would raise the cost of medications, while it would make life saving drugs inaccessible, it might as well have if they’re too expensive. Some of the other provisions would also:

Expand pharmaceutical patenting and create new drug monopolies, by lowering patentability standards and requiring patentability of minor variations of older, known medicines.

Lengthen drug monopolies by requiring countries to extend patent terms.

Eliminate safeguards against patent abuse, including among others the right of third parties to challenge patent applications (pre-grant opposition).

Risk facilitating patent abuse by requiring countries to condition marketing approval on patent status (patent linkage). Under patent linkage, even spurious patents may function as barriers to generic drug registration.

Expand exclusive control over clinical trial data including through an extra three years of data exclusivity for new uses of known products (in addition to five years exclusivity for first uses) and a new provision on biotech medicines.

Judit Rius, U.S. manager of Doctors Without Borders Access to Medicines Campaign, referring to the medication rules said, “Bush was better than Obama on this. It’s pathetic, but it is what it is. The world’s upside-down.”

On the impact on US environmental laws, Margrete Strand Rangnes, Labor and Trade Director for the Sierra Club, an environmental group said, “Our worst fears about the investment chapter have been confirmed by this leaked text … This investment chapter would severely undermine attempts to strengthen environmental law and policy.”

These negotiations have been going on since Obama took office. They are backed by the US Chamber of Commerce and by the Republican presidential nominee, Mitt Romney, who urged the US to finalize the deal.

Sen Ron Wyden (D-OR) has introduced legislation for more transparency and House Oversight Committee Chairman Darrell Issa (R-CA) leaked a document from the talks on his website. (Hmm. Will Issa investigate himself?)

So much for this promise from Obama and the DNC (pdf):

We will not negotiate bilateral trade agreements that stop the government from protecting the environment, food safety, or the health of its citizens; give greater rights to foreign investors than to U.S. investors; require the privatization of our vital public services; or prevent developing country governments from adopting humanitarian licensing policies to improve access to life-saving medications

And Obama supporters tell us that Romney is worse. Really? I see no difference between the them.

Another right further diminished by the Supreme Court.

Supreme Court Denies 7 Detainee Cases, Leaving Crippling Limits On Detainee Rights In Place

One day before the fourth anniversary of Boumediene v. Bush, which held that detainees being held indefinitely at Guantanamo Bay have the right to challenge their confinement in federal court, the Supreme Court denied review (pdf) of seven detainee cases that were pending before the court. The decision not to review any of the cases essentially makes the U.S. Court of Appeals for the D.C. Circuit the last stop for detainees seeking habeas corpus. While many detainees won their habeas corpus cases at the trial court level, no detainees have been released from Guantanamo due to these decisions because the DC Circuit has a perfect record of reversing these decisions.

Although today’s action does not have any precedential force, it undercuts the extent to which detainees can seriously challenge their detention by leaving the D.C. Circuit’s pro-detention decisions in place [..]

Marcy Wheeler @ emptywheel explains what the Supreme Court has just blessed:

   

Holding a person indefinitely for being in the wrong place at the wrong time-including a school, a road, and a guest house-where suspect people are.

   

Holding a person indefinitely based on an admittedly error-ridden report the government wrote up itself.

   

Holding a person indefinitely based on pattern analysis.

   

Completely upending the role of District Court judges in the fact-finding process.

The Justices have abdicated their responsibility  to an ever more powerful Executive branch:

Especially deserving of review was a petition by Adnan Latif, a Yemeni who was captured near the border between Afghanistan and Pakistan in December 2001. Latif said he had traveled to Pakistan to seek medical treatment; the U.S. government insisted that he was a fleeing Taliban fighter.

A federal district judge ruled in Latif’s favor, concluding that, because of possible transcription and other errors, a government report of an interview with him was “not sufficiently reliable to support a finding by a preponderance of the evidence that Latif was recruited by an Al Qaeda member or trained and fought with the Taliban.” Overturning that finding, the D.C. Circuit ruled that the government’s evidence was entitled to “a presumption of regularity” and that lower court judges should require that a detainee’s “self-serving account must be credible – not just plausible.” In her opinion, Circuit Judge Janice Rogers Brown (a former California Supreme Court justice) approvingly cited dissents in the Boumediene case and referred snidely to its impracticality and “airy suppositions.” [..]

Dissenting in the Latif case, Judge David Tatel described the decision as an “assault on Boumediene.” At the very least, the ruling called for a full-fledged review by the Supreme Court. Instead, the justices have abdicated their authority and devalued their own achievement.

It may be past time for New York State Attorney General Eric Schneiderman to walk away from Residential Mortage Backed Securities working group (RMBS) and point it out for the sham that it is. It’s just not working and perhaps never was intended to “work”, from Anna Cuevas at Huffington Post:

Not only have they not done anything, they also have no dedicated website, address, or telephone number. Under the arm of the Department of Justice and U.S. Attorney General Eric Holder, the Group planned to have 30 employees within the first few weeks — however, as of this date, the only names associated with the Group are the co-chairs: Lanny Breuer, Stuart Delery, Robert Khuzami, John Walsh, and Eric Schneiderman. While the president deemed that this group would “speed assistance” to homeowners, that assistance has thus far been exceedingly slow or non-existent. [..]

Questions remain and need to be answered. The Residential Mortgage-Backed Securities Working Group is the sixth group formed by the administration to address the foreclosure crisis and provide relief to homeowners. Unfortunately, this group, like the others, is not seeing the urgency of the matter — that is, if they do, in fact, exist and are something more than a public relations announcement. As it appears, the new Residential Mortgage-Backed Securities Working Group is not working — they don’t even have a place to work from.

Schneiderman tried to put a positive spin on this circle jerk but it’s not easing the growing skepticism. From David Dayen at FDL News Desk:

My point on this was always that the President’s appropriation request and $6 will get you a very expensive cup of coffee at my local Intelligentsia café (seriously, $6 for a cup of coffee?). Presidential budget requests are as ignored in Washington as pledges to not accept lobbyist money, or marital vows. The request didn’t mean anything, and the House Republicans currently putting together the budget were highly unlikely to honor it.

Sure enough, yesterday, the Justice, Science and Commerce appropriations bill, the proper venue for this additional $55 million request, came up for a vote. Maxine Waters tried to include the appropriation for the RMBS working group. And it failed pretty badly. [..]

there’s no chance that the working group gets anything close to this kind of money for at least 4 months, and in all likelihood not at all.

It’s just another example of how the protestations about the legitimacy of the working group fall apart when subjected to the slightest scrutiny.

At naked capitalism, Yves Smith was even more critical of the task force and Schneiderman’s “performance” on Up with Chris Hayes:

The point is that (Iowa AG Tom) Miller was a convenient stooge for the Administration. His job was to maintain the pretense that the effort he was leading was in the public’s interest and moving ahead at a good clip. These weren’t very easy lies to sell and Miller wasn’t very good at pedaling them, but that didn’t matter much. His job was to keep up a certain level of background noise.

But nothing was going to happen unless the Administration wanted it to happen, and for some reason, the powers that be decided in late 2011 that a mortgage settlement would be a useful election talking point. So they saddled up and pushed the foundering deal over the line.

Now that the Administration has traded up from the unknown Miller to the soi disant “Man the Banks Fear Most” Eric Schneiderman, we have the instructive spectacle of watching Schneiderman look more and more Miller-like with every passing day. Admittedly, Schneiderman is far more skilled at passing off Administration canards than Miller, and is also trusted by many progressives, so he can probably run on brand fumes for quite a while. [..]

Schneiderman may be able to get away with this longer than he should, particularly since the plan is likely to be to file a couple of headline-getting but not-seriously-threatening-to-the-banking-oligarchs cases in the weeks before the election. He seems not to have noticed how the Administration has been quick to cast aside its operatives when they are no longer of use to them. In case he has managed not to notice how he is being played, expect him to have a rude awakening by the election.

Read Yves entire article, it’s a scathingly realistic assessment of the Obama administration, the RMBS (could that abbreviation be more appropriate?) and Schneiderman. If Schneiderman doesn’t walk away from this joke, he will lose what little credibility he has left which, at this point, isn’t much.

President Barack Obama took this oath on January 20, 2009 as prescribed by the US Constitution, Article II, Section 1:

I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.

That includes a legal obligation to enforce the laws of this country and prosecuting the criminals who break those laws, even if that criminal is another President.

Rachel Maddow tiptoed around a bit when she that Bush-era torture was “probably a war crime,” while discussing the recently released memo by Philip Zelikow, a former Bush counselor. I suspect she did so as to not find herself on the unemployment line.

Rachel Maddow relays the news that the original Philip Zelikow memo advising the Bush administration that waterboarding is torture and such, illegal, has been found despite Bush administration efforts to destroy every copy. Will new proof that the Bush administration did not act in good faith when it tortured detainees push the Obama administration to prosecute? Will the Republican Party, once principled against torture, outflank Obama and call for prosecutions?

It was probably a war crime, not to put a fine point on it. And that is something we are legally obligated to prosecute in this country. This opens the whole question of legal liability for torture that was administered by the previous administration. The Democratic Party will be split by this, because the White House politically doesn’t want to deal with this, even if it’s wrong and even if they know it’s wrong. And the Republican Party still has to figure out who it is. Is the Republican Party still the party of John McCain, which now has the opportunity to outflank the president on a matter of principle here? Where the Whit house knows what the right thing to do is, but they don’t want do it. Or is the Republican Party still the party of George W. Bush and Mitt Romney who think torture is OK?

Gaius Publius at AMERICAblog  doesn’t think this is going away. He also wonders why the Obama administration didn’t pursue it and links to an article written by Andrew Kreig, executive director of Justice Integrity Project, on September 13, 2011:

President-Elect Obama’s advisers feared in 2008 that authorities would “revolt” and that Republicans would block his policy agenda if he prosecuted Bush-era war crimes, according to a law school dean who served as one of Obama’s top transition advisers.

University of California at Berkeley Law School Dean Christopher Edley, Jr., the sixth highest-ranking member of the 2008 post-election transition team preparing Obama’s administration, revealed the team’s thinking in moderating a forum on 9/11 held by his law school (also known as Boalt Hall)[..]

When a citizen, Susan Harmon, who opposed torture, questioned Dean Ederly on the inclusion of Professor John C. Yoo, former Bush Justice Department attorney who authored a memo justifying torture, to Boalt Hall’s faculty, this is what happened:

Harman’s account of her actions at the Boalt Hall forum, which focused on such goals as human rights and the rule of law:

“I said I was overwhelmed by the surreality of Yoo being on the law faculty . . . when he was single-handedly responsible for the three worst policies of the Bush Administration. They all burbled about academic freedom and the McCarthy era, and said it isn’t their job to prosecute him.

Duh.

Dean Chris Edley volunteered that he’d been party to very high level discussions during Obama’s transition about prosecuting the criminals. He said they decided against it. I asked why. Two reasons: 1) it was thought that the CIA, NSA, and military would revolt, and 2) it was thought the Repugnants would retaliate by blocking every piece of legislation they tried to move (which, of course, they’ve done anyhow).”

Harman says that she approached Edley privately after the forum closed and said she appreciated that Obama might have been in danger but felt that he “bent over backwards” to protect lawbreakers within the Bush administration. She recalled, “He shrugged and said they will never be prosecuted, and that sometimes politics trumps rule of law.”

The last I checked waterboarding was still considered torture and torture was still a crime. Obama could well become a target for impeachment proceedings should the Democrats lose control of the Senate and more seats in the House. So long as the Obama administration refuses to prosecute former Bush administration officials, as well as, Bush and Cheney, they themselves are complicit in war crimes as per established laws and treaties of this country and the oaths that they took to uphold those laws and the Constitution.  

One of the reasons that the Republicans lost so badly in 2006 and 2008 and the reason the Democrats took such a dive in 2010 was the economy. Since then the job approval rating of Congress has plummeted with the Republicans fairing worse than the Democrats but only slightly. In regards to the economy the public in general doesn’t think that President Obama is doing such a great job, either. People are worried about jobs, good jobs not deficits. Deficit and the national debt are not what is holding back the economy, it’s jobs.

The Republicans in the House seem to be intent on killing more jobs with its latest suicide pact that would cut everything from taxes for the wealthy, food stamps, destroy Medicare, and spending cuts. As Roger Hicky in his Huffington Post article point out, the Republican budget clearly rejecting what the American public wants.

The only thing that could save Republicans would be if Democrats, like Oregon Senator Ron Widen or House Democratic Whip Steny Hoyer, persuaded their party to ignore American public opinion and join with the GOP in destroying Medicare, cutting Social Security, and slashing public spending in a way that cripples the economy and rewards the wealthy. That’s what the Ryan Republican budget would do, and Democrats — and Americans who believe in majority rule — need to explain the extreme nature of this budget to the American people. [..]

So, the brand-new Ryan Republican budget, so very like last year’s Ryan budget, is already unpopular with the American majority, in all of its major elements. Progressives and Democrats should immediately publicize its many unpopular pieces so the public knows about them all. We should immediately demand to know whether the Republican candidates for president embrace it. And we should keep a wary eye out for Democrats who are willing to give the Republicans cover. When the Paul Ryan Republicans — enemies of everything the American majority believe in — are putting a gun to their heads and are about to pull the trigger, progressives should get out of the way and publicize the results — from now until the November elections.

It is obvious from the results of these kinds of cuts in Europe, austerity budgets don’t work. The Occupy Wall Street movement changed that conversation six months ago.

If Obama and the Democrats are smart, they’ll listen to the American public, sit back and let the Republicans pull the trigger.

Up Date: Ezra Klein, writing in the Washington Post, sums up Ryan’s latest version of a “budget plan” in one sentence:

Ryan’s budget funds trillions of dollars in tax cuts, defense spending and deficit reduction by cutting deeply into health-care programs and income supports for the poor.

The last I checked that isn’t going to win them any elections but you never know when the Democrats will ride into save the day. Calling Ron Wyden.

Just when you thought that the Obama administration’s assault on the Internet and his plan to censor free speech and creativity couldn’t be worse, Obama gets more creative. Meet the “son of the Anti-Counterfeiting Trade Agreement (ACTA)”, the Trans-Pacific Partnership which could impose even stricter provisions than ACTA.

From TechDirt

… we were noting calls from the industry for the USTR (US Trade Representative) to negotiate a hardline in the Trans-Pacific Partnership Agreement, which involves a bunch of Pacific Rim countries …

Apparently, the US government has already indicated that it will not allow any form of weakening of intellectual property law for any reason whatsoever in this agreement. In fact, the USTR has directly said that it will only allow for “harmonizing” intellectual property regulations “strictly upwards,” meaning greater protectionism. Given the mounds of evidence suggesting that over protection via such laws is damaging to the economy, this is immensely troubling, and once again shows how the USTR is making policy by ignoring data. This is scary.

Both ACTA and TPP are backed by the US Business Coalition whose members include the Pharmaceutical Research and Manufactures of America, the US Chamber of Commerce, and the Motion Picture Association of America. There’s that guy Dodd again. These are some of the issues that they want TPP to address and how they would effect you and the Internet. Rashmi Rangnath rrom the policy blog Public Knowledge highlights the demands:

• Temporary copies: The US Business Coalition paper urges TPP countries to include a provision requiring protection for temporary copies. Temporary copies are copies made when you access webpages, or music, or any other content on the Internet. In addition, your computer makes transient copies, such a buffer copies, in the course of replaying such content. These copies have no value independent of the ultimate use they facilitate – your viewing of the movie or listening to the music. Treating them as worthy of copyright protection allows rights holders to claim additional rents where none are due.
• Circumvention of digital locks: The paper urges TPP countries to prevent circumvention of digital locks. The WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty (WPPT) were the first international instruments to impose this obligation on countries. Within the U.S., these treaties were cited as the reason for the enactment of the Digital Millennium Copyright Act (DMCA). The harms caused by the DMCA’s anti-circumvention provisions have been well documented. In a nutshell, while on the one hand the DMCA attempts to prevent copyright infringement by prohibiting an infringer from breaking digital locks (ex: locks used on DVDs) on the other hand, it also prevents lawful uses (ex: preventing you from breaking the locks on the DVD you purchased to play it on your computer running on Linux).
• Copyright terms: The paper urges the TPP to provide for longer copyright terms. Current copyright term in the U.S. is life of the author plus 70 years. The TRIPS agreement, which is the baseline IP agreement to which most countries adhere, requires a copyright protection for life of the author plus 50 years. …
  
  Too often, copyright owners lose interest in works whose commercial lives have ended; works become obscure; and historians, educators and documentarians interested in using the work cannot do so because they cannot find the owner to seek permission to use the work. All of this warrants a reassessment of the proper copyright term, not an extension of current copyright terms.
• Statutory damages: The paper urges TPP to include a provision on statutory damages, ostensibly similar to the U.S. statutory damages regime. As PK and its allies have pointed out, the U.S. statutory damages regime has led to excessively large damages awards. This regime has resulted in discouraging reliance on fair use thereby stifling innovation because of the threat of a multi-million dollar lawsuit.

The coalition suggests many other worrisome provisions such as requiring ISPs to act as copyright cops and treating individual infringers with the same severity as large-scale pirates.

The author of this article makes particular note that the Obama administration has been very careful not to share the text of the “agreement with the public while it was given to the corporate insiders and the nations involved in the negotiations.

What was that President Obama said about “transparency”? Is this what he means when he says that he values the Constitution?  

As Wikipedia noted on its website after SOPA and PIPA were taken off the table, “we’re not done yet”. Guess what, they were right, we aren’t done yet and it’s even worse. While we turned our backs on this transparent president was busy working on a “trade” agreement that is even worse than both those bill. It has been in the works since before 2008 and is designed to bypass the constitutional requirement of Senate ratification by calling it an “executive agreement.” Negotiations were held in secret and kept form the public and congress under the guise of “national security.”

What is this “agreement”?

It is called ACTA, Anti-Counterfeiting Trade Agreement is a multi-country trade agreement that, according to Wikipedia:

{} is for the purpose of establishing international standards for intellectual property rights enforcement. The agreement aims to establish an international legal framework for targeting counterfeit goods, generic medicines and copyright infringement on the Internet, and would create a new governing body outside existing forums, such as the World Trade Organization, the World Intellectual Property Organization, or the United Nations.

The agreement was signed on 1 October 2011 by Australia, Canada, Japan, Morocco, New Zealand, Singapore, South Korea and the United States. In January 2012, the European Union and 22 of its member states signed as well, bringing the total number of signatories to 31. After ratification by 6 states, the convention will come into force.

Supporting and negotiating countries have heralded the agreement as a response to “the increase in global trade of counterfeit goods and pirated copyright protected works”, while opponents have lambasted it for its potentially adverse effects on fundamental civil and digital rights, including freedom of expression and communication privacy. Others, such as the Electronic Frontier Foundation, have derided the exclusion of civil society groups, developing countries and the general public from the agreement’s negotiation process and have described it as policy laundering. The signature of the EU and many of its member states resulted in the resignation in protest of the European Parliament’s appointed rapporteur, as well as widespread protests across Poland.

The negotiations for the ACTA treaty were conducted behind closed doors until a series of leaked documents relating to the negotiations emerged.

On 22 May 2008, a discussion paper about the proposed agreement was uploaded to Wikileaks. According to the discussion paper a clause in the draft agreement would allow governments to shut down websites associated with non-commercial copyright infringement, which was termed “the Pirate Bay killer” in the media. According to the leaked discussion paper the draft agreement would also set up an international agency that could force Internet Service Providers (ISPs) to provide information about subscribers suspected of copyright infringers without a warrant.

(emphasis mine)

The United States already signed ACTA on October 1 in 2011, just before SOPA and PIPA started to get attention. On January 26, 2012, the European Union and 22 of its member states signed as well. After ratification by six member states, the convention will come into force.

As reported by TechDirt, the Obama’s “US Trade Representative (USTR) has made it clear that it has no intention of allowing Congress to ratify ACTA, but instead believes it can sign it unilaterally”

Sen. Ron Wyden (D-OR), for a long time the sole opponent of PIPA, sent a letter to President Obama in October expressing his objections:

Although the USTR insists that current U.S. law, and its application, conform to these standards, there are concerns that the agreement may work to restrain the U.S. from changing such rules and practices. As you know, the executive branch lacks constitutional authority to enter binding international agreements on matters under Congress’s plenary powers, including the Article I powers to regulate foreign commerce and protect intellectual property. Yet, through ACTA and without your clarification, the USTR looks to be claiming the authority to do just that. [..]

The statement by the USTR confuses the issue by conflating two separate stages of the process required for binding the U.S. to international agreements: entry and implementation. It may be possible for the U.S. to implement ACTA or any other trade agreement, once validly entered, without legislation if the agreement requires no change in U.S. law. But, regardless of whether the agreement requires changes in U.S. law, a point that is contested with respect to ACTA, the executive branch lacks constitutional authority to enter a binding international agreement covering issues delegated by the Constitution to Congress’ authority, absent congressional approval.

At the conclusion of the letter, Sen. Wyden requested that the President formerly declare that ACTA is not binding on the US. Somehow, that may not happen.

On the bright side, apparently, President Obama has found an issue where there is bipartisan agreement as Republican Congressman Darrell Issa (CA) called ACTA even more dangerous than SOPA:

As a member of Congress, it’s more dangerous than SOPA. It’s not coming to me for a vote. It purports that it does not change existing laws. But once implemented, it creates a whole new enforcement system and will virtually tie the hands of Congress to undo it.

This video from Inf0rmNati0n expalins how ACTA will effect us as individuals.

So what can we do to stop this? Get out your keyboards and man your cell phones. Call and email the White House and your elected representatives and tell them “Don’t Mess With The Internet.”

Here are two petitions to sign

Please Submit ACTA to the Senate for Ratification as Required by the Constitution for Trade Agreements

End ACTA and Protect our right to privacy on the Internet

President Barack Obama once again has gone after a whistle blower while letting the criminals completely off the hook or walk away with a slap on the wrist. Since taking office Obama has waged unprecedented war on whistleblowers despite campaign promises to have a transparent government.

Former CIA Officer John Kiriakou Charged with Disclosing Covert Officer’s Identity and Other Classified Information to Journalists and Lying to CIA’s Publications Review Board

   A former CIA officer, John Kiriakou, was charged today with repeatedly disclosing classified information to journalists, including the name of a covert CIA officer and information revealing the role of another CIA employee in classified activities, Justice Department officials announced.

   The charges result from an investigation that was triggered by a classified defense filing in January 2009, which contained classified information the defense had not been given through official government channels, and, in part, by the discovery in the spring of 2009 of photographs of certain government employees and contractors in the materials of high-value detainees at Guantanamo Bay, Cuba. The investigation revealed that on multiple occasions, one of the journalists to whom Kiriakou is alleged to have illegally disclosed classified information, in turn, disclosed that information to a defense team investigator, and that this information was reflected in the classified defense filing and enabled the defense team to take or obtain surveillance photographs of government personnel. There are no allegations of criminal activity by any members of the defense team for the detainees.

Like she did with the outing of CIA operative Valerie Plame-Wilson, Marcy Wheeler, along with Jim White at emptywheel, dissects this case exposing the hypocrisy of the government and the cover up of the real crime, a war crime, torture, here, here, here, here and here. In those articles they expose the weakness of the DOJ’s case against Kiriakou and that Obama has covered for and refused to prosecute war crimes committed by CIA agents and covers up military war crimes by hiding the evidence under the guise of national security.

A prime example of this hypocrisy it outrageous that has allowed war criminal to get off with just a tap on the wrist while the commanding officers were not even mentioned:

January 23, 2012 – CAMP PENDLETON, Calif. (AP) – A Marine sergeant who told his troops to “shoot first, ask questions later” in a raid that killed unarmed Iraqi women, children and elderly pleaded guilty Monday in a deal that will carry no more than three months confinement and end the largest and longest-running criminal case against U.S. troops from the Iraq War.

The agreement marked a stunning and muted end to the case once described as the Iraq War’s version of the My Lai massacre in Vietnam. The government failed to get one manslaughter conviction in the case that implicated eight Marines in the deaths of 24 Iraqis in the town of Haditha in 2005.[..]

Kamil al-Dulaimi, a Sunni lawmaker from the Anbar provincial capital of Ramadi, called the plea deal a travesty of justice for the victims and their families. “It’s just another barbaric act of Americans against Iraqis,” al-Dulaimi told The Associated Press. “They spill the blood of Iraqis and get this worthless sentence for the savage crime against innocent civilians.”

This is a disgrace.

Obama is not upholding his oath of office and that is an even bigger disgrace.

From 2000 to 2009, Pharmaceutical companies reaped $690 billion in mergers and only invested 10% of that on research to find cures for 90% of the world’s diseases. The Unites States rank #1 in the amount that is spent on health care but only #37 when it comes to the quality of that care.

Author and medical ethicist, Harriet A. Washington’s recent book “Deadly Monopolies”, delves into the corporate takeover of the medical industry that is affecting the healthcare system and the future of medicine. The book also examines the role of medical patents in slowing U.S. research and inflate drug costs. Ms. Washington joined Dylan Ratigan and his panel to discuss “Big Pharma” and big profits.

You can read an adapted exert from “Deadly Monopolies” here

One of the diseases and its cure that it touched upon in this discussion is Human African trypanosomiasis HAT, or sleeping sickness. Second stage sleeping sickness is treated with eflornithine, which is given in 4 intravenous infusions daily for 14 days.

A little side story of Eflornithine and the fight that WHO and an NGO waged to get it produced. The drug was originally developed as a cancer treatment by Merrell Dow Research Institute in the late ’70’s. It wasn’t very effective as a cancer treatment but was found to reduce hair growth and, inadvertently, very a effective treatment for HAT. Eventually, it was developed and marketed as a prescription cream, Vaniqa, to treat women with excessive facial hair by the Gillette company.

The drug was registered for the treatment of gambiense HAT in 1990. However, in 1995 Aventis (now Sanofi-Aventis) stopped producing the drug, whose main market was African countries, because it didn’t make a profit. Production for the drug requires a separate facility because the process is very corrosive.

In 2001, Aventis (now Sanofi-Aventis) and the WHO formed a five-year partnership, during which more than 320,000 vials of pentamidine, over 420,000 vials of melarsoprol, and over 200,000 bottles of eflornithine were produced by Sanofi-Aventis, to be given to the WHO and distributed by the association Médecins Sans Frontières in countries where the sleeping sickness is endemic.

According to Médecins Sans Frontières, this only happened after “years of international pressure”, and coinciding with the period when media attention was generated because of the launch of the eflornithine-based product, Vaniqa, geared to prevention of facial-hair in women), while its life-saving formulation was not being produced.

From 2001, when production was restarted, through 2006, 14 million diagnoses were made. This greatly contributed to stemming the spread of sleeping sickness, and to saving nearly 110,000 lives. This changed the epidemiological profile of the disease, meaning that eliminating it altogether can now be envisaged.  

The House of Representatives officially rejected the bipartisan agreement that passed the Senate with 89 votes for a two-month extension of the payroll tax cut, extended unemployment benefits and a doctor’s fix to prevent a 27% reduction in Medicare reimbursement rates. They did so under a complicated scheme whereby members did not vote on the Senate deal itself, but on whether to move to a conference committee on the package, with the rejection of the Senate deal implicit in the exchange. The final roll call was 229-193, with seven Republicans switching sides and voting with Democrats to reject the conference committee. All Democrats present voted against the bill. [..]

The seven Republican no votes: Charlie Bass (NH), Jeff Flake (AZ), Chris Gibson (NY), Jaime Herrera Beutler (WA), Tim Johnson (IL), Walter Jones (NC), Frank Wolf (VA).

Senate Majority Leader Harry Reid won’t play:

“My House colleagues should be clear on what their vote means today. If Republicans vote down the bipartisan compromise negotiated by Republican and Democratic leaders, and passed by 89 senators including 39 Republicans, their intransigence will mean that in ten days, 160 million middle class Americans will see a tax increase, over two million Americans will begin losing their unemployment benefits, and millions of senior citizens on Medicare could find it harder to receive treatment from physicians. “Senator McConnell and I negotiated a compromise at Speaker Boehner’s request. I will not re-open negotiations until the House follows through and passes this agreement that was negotiated by Republican leaders, and supported by 90 percent of the Senate. “This is a question of whether the House of Representatives will be able to fulfill the basic legislative function of passing an overwhelmingly bipartisan agreement, in order to protect the economic security of millions of middle-class Americans. Democratic and Republican leaders negotiated a compromise and Speaker Boehner should not walk away from it, putting middle-class families at risk of a thousand-dollar tax hike just because a few angry Tea Partiers raised their voices to the Speaker. “I have always sought a year-long extension. I have been trying to forge one for weeks, and I am happy to continue negotiating one once we have made sure middle-class families will not wake up to a tax increase on January 1st. So before we re-open negotiations on a year-long extension, the House of Representatives must protect middle-class families by passing the overwhelmingly bipartisan compromise that Republicans negotiated, and was approved by ninety percent of the Senate.”

A couple of point where I disagree with Barney Frank is that we are doing better than Europe and that the economy is doing better. Maybe for the 1% it is but the middle class is shriveling. The important part of this bill was an extension of the UI which is about expire.