Blog on the Run: Reloaded

Wednesday, April 16, 2014 7:17 pm

Listening to the people who were right: Janet Napolitano

Outsourced, in the wake of the charging of Frazier Glenn Cross, the guy we North Carolinians knew as Glenn Miller, with three shooting deaths at Jewish centers in Kansas City,  to Charlie Pierce:

I think this is a particularly good day to look back to, say, April of 2009, when the Department of Homeland Security, Janet Napolitano presiding, put out a nine-page report in which the DHS pointed out that veterans were being recruited by rightwing terrorist groups around the country. (This was about when people started noticing that the real crazy had come out of the jar when this particular president had been sworn in.) Oh, the fuss that this raised.

John Boehner said of Napolitano that he wanted an “explanation for why she has abandoned using the term ‘terrorist’ to describe those, such as al Qaeda, who are plotting overseas to kill innocent Americans, while her own Department is using the same term to describe American citizens who disagree with the direction Washington Democrats are taking our nation.”

Professional rage puppet Michelle Malkin wrote: Moreover, the report relies on the work of the left-leaning Southern Poverty Law Center to stir anxiety over “disgruntled military veterans” – a citation which gives us valuable insight into how DHS will define “hate-oriented” groups. The SPLC, you see, has designated the venerable American Legion a “hate group” for its stance on immigration enforcement. The report offers zero data, but states with an almost resentful attitude toward protected free speech: “Debates over appropriate immigration levels and enforcement policy generally fall within the realm of protected political speech under the First Amendment, but in some cases, anti-immigration or strident pro-enforcement fervor has been directed against specific groups and has the potential to turn violent.”

Well, if ol’ Frazier Glenn Miller had had his way, Malkin wouldn’t have had to worry about the left-leaning SPLC any more.

Brand new ABC employee Laura Ingraham was still lying about it three years later.

And the freaking out was general and vast.

The fauxtrage did succeed in making the DHS withdraw the report, forcing Napolitano to apologize, and get everyone else to stop paying attention to the genuine extremism that had filtered into the conservative base of one of our two major political parties. This is a very good week to remember it, however.

And so it is.

Between 1984 and the early 1990s, I covered a lot of cluckers and other white supremacists. Most of them, to be charitable, couldn’t find their own asses with both hands and a flashlight. The late Virgil Griffin, perhaps the most famous clucker of his day and certainly the most famous gas-station owner in Mount Holly, might have had the leather-lunged capability of shouting creepy racist, anti-Semitic, anti-feminist stuff until his face was so red that he looked like he was going to stroke out, but he also always looked like one good shot to the head with a beer bottle would shut him up.

Glenn Miller, on the other hand, looked like one good shot to the head with a beer bottle would just piss him off.

He scared the bejesus out of me the one time I talked to him, and I was very glad that there were uniformed law enforcement personnel around. For those of you not from around here,  Miller took part in the 1979 Klan-Nazi killings here in Greensboro in which five Communist Workers Party members were killed but no one went to prison. I don’t recall now whether the evidence ever put his finger on a trigger, but that doesn’t matter, because when I met him I didn’t know that history. All I knew was that the guy in front of me was both capable of great aggression and batshit insane, that to him shooting me would be like stepping on an ant.

But the greater issue is that although he’s being charged with murder and hate crimes, both the media and law enforcement have stopped short of calling what he is charged with doing “terrorism.” There’s some history in that that predates even 9/11.

America’s long campaign of lynching African Americans, for any reason or no reason at all, as a de facto legal mechanism of social control, was terrorism, but show me five high schools in the U.S. today that teach it as such. And, of course, post-9/11, “terrorism” became “that which those brown Mooooslims do to hurt us.” No word about Timothy McVeigh. No word about Eric Rudolph. No word about Scott Roeder or James Kopp. And now we’re not using the “t-word” with respect to Glenn Miller. But the fact is that the only meaningful difference between those guys and Osama bin Laden was that bin Laden killed more people.

Law enforcement and the media need to start calling this what it is, and dealing with it accordingly.

And John Boehner, Michelle Malkin, Laura Ingraham and their ilk need to sit their asses down and drink a liter mug of STFU, because Janet Napolitano was right and you bitches were wrong. And all this whining in the media about the “deadliest assembly of al-Qaeda in the history of, like, ever” needs to stop ignoring the terrorists already in the open in our midst, some of them holding responsible positions in one of our nation’s two major parties.

Monday, April 14, 2014 12:09 am

Is we is or is we ain’t a nation under the rule of law?

I think we ain’t, but it looks like we’ll know soon enough, because the leak even I could see coming is here:

A still-secret Senate Intelligence Committee report calls into question the legal foundation of the CIA’s use of waterboarding and other harsh interrogation techniques on suspected terrorists, a finding that challenges the key defense on which the agency and the Bush administration relied in arguing that the methods didn’t constitute torture.

The report also found that the spy agency failed to keep an accurate account of the number of individuals it held, and that it issued erroneous claims about how many it detained and subjected to the controversial interrogation methods. The CIA has said that about 30 detainees underwent the so-called enhanced interrogation techniques.

The CIA’s claim “is BS,” said a former U.S. official familiar with evidence underpinning the report, who asked not to be identified because the matter is still classified. “They are trying to minimize the damage. They are trying to say it was a very targeted program, but that’s not the case.”

The findings are among the report’s 20 main conclusions. Taken together, they paint a picture of an intelligence agency that seemed intent on evading or misleading nearly all of its oversight mechanisms throughout the program, which was launched under the Bush administration after the Sept. 11, 2001, attacks and ran until 2006.

Some of the report’s other conclusions, which were obtained by McClatchy, include:

_ The CIA used interrogation methods that weren’t approved by the Justice Department or CIA headquarters.

_ The agency impeded effective White House oversight and decision-making regarding the program.

_ The CIA actively evaded or impeded congressional oversight of the program.

_ The agency hindered oversight of the program by its own Inspector General’s Office.

So, in plain English:

  • The CIA tortured people — some of whom died of it, remember — in violation not only of international and U.S. law but also in violation of the flimsy, themselves-illegal guidelines set up by the Justice Department.
  • The CIA lied to the White House and Congress, obstructing their oversight, which is duly required by Constitution and statute.
  • The CIA lied to its own inspector general.

So CIA personnel ordered and committed hanging offenses and lied to everybody about it. That’s the bottom line, folks. All the rest is sound and fury signifying nothing.

Let’s be very clear about what needs to happen here:

  • The people who actually carried out the crimes must be charged and tried, but so must the people who ordered them and the people who lied about them.
  • If anyone carried out or ordered torture that resulted in death, that individual is subject to the death penalty. As a tough-on-crime conservative, I can sleep soundly knowing that.
  • If anyone used the classification process to try to hide evidence of a crime, he should be criminally prosecuted for that offense.
  • If anyone then or now in a Senate-confirmable position carried out or ordered a crime, he should be impeached and convicted, thereby to revoke his pension and any other benefits of having served in the federal government.

If these things do not happen, then we are not a nation under the rule of law, plain and simple. I wish I could say that we are, but experience suggests that nothing will happen.

So let’s do ourselves a favor. Let’s put paid, once and for all, to this notion of American exceptionalism. We are not special. We are not a shining city on a hill. We are not a Christian nation in any way that Christ Himself would recognize. We are not even, to judge by both legal standards and OECD measures for quality of life, a particularly good example.

It is tempting to say that we are governed by a parliament of whores, but to do so would insult whores, who generally are not nearly as hypocritical about what they do as our leaders are. We are a plutocracy, an oligarchy, an outlaw nation, and the only differences between our genocide and that of the Nazis is that ours was less recent and less efficient. Indeed, it was ironic for me to read tonight on Facebook about my friend Rabbi Fred Guttman honoring the congressional service of my friend Howard Coble, when Coble, a former federal prosecutor, did nothing to stop precisely the kind of behavior on the part of Americans that got Nazis hanged at Nuremberg.

I’d love to be proved wrong on this. I really, really would. But if it hasn’t happened by now, it ain’t gonna. And Americans need to understand that and to plan their futures accordingly.

Wednesday, April 9, 2014 5:45 am

Quote of the Day, torture edition

Filed under: Evil,Hold! Them! Accountable!,I want my country back. — Lex @ 5:45 am

Eugene Robinson at the Washington Post:

Torture is a stain on this nation’s honor that can be bleached away only by full exposure.

To that I would add this: “Full exposure” means not only making the CIA report public in its entirety; that’s a necessary condition but not a sufficient condition.

It also means holding accountable those who were responsible, and I don’t mean some poor E-2 working third-shift guard duty. I mean the people who planned and carried out the torture program: President George W. Bush, Vice President Dick Cheney, Secretary of Defense Donald Rumsfeld, and the functionaries like Jim Haynes and John Yoo who fabricated the “legal” justification for that for which there is no justification, moral or legal.

And if that means some of them hang, well, I’ve always been tough on crime, so I’ll sleep fine.

In fact, I’ll sleep better.

Tuesday, April 8, 2014 7:09 pm

If you’re having trouble understanding why Citizens United and McCutcheon were such bad decisions, it’s because Nixon would have loved them.

Chief Justice John Roberts, author of the majority opinion in McCutcheon, and Associate Justice Anthony Kennedy, who wrote the majority opinion in McCutcheon, live in a fantasy world, Ian Millhiser explains:

In 1974, a Senate Select Committee on Presidential Campaign Activities chaired by Sen. Sam Ervin (D-NC) revealed activities that nearly anyone other than the five justices who signed on to Roberts’ decision in McCutcheon v. FEC would unreservedly describe as corruption. In the early 1970s, for example, the dairy industry desired increased price supports from the federal government, but Secretary of Agriculture Clifford Hardin has decided not to give these price supports to the milk producers. In response, various dairy industry organizations pledged $2 million to Nixon’s reelection campaign — and then developed a complicated scheme to launder the money through various small donations to “hundreds of committees in various states which could then hold the money for the President’s reelection campaign, so as to permit the producers to meet independent reporting requirements without disclosure.”

President Nixon later agreed to a meeting with industry representatives, and he decided to overrule his Agriculture Secretary. The milk producers got their price supports.

The Ervin report “identified over $1.8 million in Presidential campaign contributions as ascribable, in whole or in part, to 31 persons holding ambassadorial appointments from President Nixon, and stated that six other large contributors, accounting for $3 million, appear to have been actively seeking such appointment at the time of their contributions.” Outside of the White House, the report uncovered “lavish contributions” to members of Congress from both political parties. The chairman of one oil company testified that executives perceived campaign donations as a “calling card” that would “get us in the door and make our point of view heard.” American Airlines’ former chair testified that many companies funneled money to politicians “in response to pressure for fear of a competitive disadvantage that might result” if they did not buy off lawmakers. In essence, businesses feared that if they did not give money to elected officials, but their competitors did, then their competition could use their enhanced access to politicians in order to gain a competitive advantage in the marketplace.

And yet, according to Chief Justice Roberts and his fellow conservative justices, hardly any of this activity amounts to “corruption.”

Even the Court’s 1976 ruling in Buckley v. Valeo, which famously created the law that money = speech (but also largely upheld post-Watergate campaign-finance reforms), conceded that Congress could regulate campaign contributions to prevent corruption or its appearance. But Kennedy and Roberts have gone much, much farther than that:*

Roberts’ opinion in McCutcheon, however, defines the word “corruption” so narrowly that it is practically meaningless. In order to survive constitutional review, Roberts writes, a campaign finance regulation must “target what we have called “quid pro quo” corruption or its appearance. That Latin phrase captures the notion of a direct exchange of an official act for money.” Thus, unless a donor offers “dollars for political favors,” no corruption exists.

Lest there be any doubt, this narrow understanding of the word “corruption” does not capture cases where a donor pays off a politician in order to buy access. To the contrary, as the conservative justices held in Citizens United v. FEC, “[t]he fact that speakers may have influence over or access to elected officials does not mean that these officials are corrupt” (The word “speakers,” in this context, is used to refer to what most people describe as “donors”). Indeed, Citizens United goes much further than simply claiming that dollars-for-access arrangements must be tolerated. At one point, it seems to view them as an objective good:

Favoritism and influence are not . . . avoidable in representative politics. It is in the nature of an elected representative to favor certain policies, and, by necessary corollary, to favor the voters and contributors who support those policies. It is well understood that a substantial and legitimate reason, if not the only reason, to cast a vote for, or to make a contribution to, one candidate over another is that the candidate will respond by producing those political outcomes the supporter favors. Democracy is premised on responsiveness.

Democracy certainly is premised on responsiveness. Though it is a strange definition of democracy that offers enhanced responsiveness to those who can afford to pay for it.

Under Roberts’ definition of “corruption” most of the corrupt activities of the Nixon era would be viewed as completely benign. Though an isolated incident, where a Nixon fundraiser promised that the president would make a donor Ambassador to Trinidad in return for $100,000, would qualify as an explicit “dollars for political favors,” arrangement, politicians who give greater access to their donors are not “corrupt” under McCutcheon and Citizens United unless they offer to exchange votes or similar favors in return for campaign donations. Indeed, even the dairy industry’s $2 million bid for a meeting with President Nixon may not qualify as “corruption,” as Roberts understands the word, because there is some uncertainty as to whether the $2 million donation was “conditioned upon or ‘linked’ to” the President agreeing to make specific changes to the administration’s policies. According to Roberts’ opinion in McCutcheon,

Spending large sums of money in connection with elections, but not in connection with an effort to control the exercise of an officeholder’s official duties, does not give rise to such quid pro quo corruption. Nor does the possibility that an individual who spends large sums may garner “influence over or access to” elected officials or political parties. And because the Government’s interest in preventing the appearance of corruption is equally confined to the appearance of of quid pro quo corruption, the Government may not seek to limit the appearance of mere influence or access.

So what Nixon likely would have gone to prison for in the 1970s had he attempted to stay in office is now the law of the land, per five Republican justices who no doubt also believe they are Tsars of All the Russias, to borrow a phrase from Charlie Pierce.

And the American people know it, Millhiser concludes:

Very few Americans agree with Roberts’ view of what constitutes corruption. Indeed, a 2012 poll determined that 69 percent of Americans believed that the rule emerging from cases likeCitizens United allowing “corporations, unions and people give unlimited money to Super PACs will lead to corruption.” Just 15 percent disagreed.

To put that number in perspective, another poll found that fully 19 percent of Americans believe in “spells or witchcraft” — a full four percentage points more …

Myself, I’m wondering, given how many presumably sensible Americans have, since 2000, been willing to give away so many of their own rights and to refuse to hold accountable a generation of the most corrupt and wicked pols and business leaders since the Harding administration, whether more Americans ought to believe in witchcraft.

*I’m “conservatives oppose judicial activism” years old.

 

Friday, March 28, 2014 8:57 pm

If only there were a solution; or, Why Pat McCrory and Art Pope need to be horsewhipped

From today’s News & Record print and e-edition (but apparently not from the website, so probably paywalled):

Gov. Pat McCrory on Thursday asked for more belt-tightening within state government as a pre-emptive move to protect the state from a Medicaid shortfall and a fuzzy revenue picture.

In a memorandum to state agencies and their leaders, McCrory said that while the state’s fiscal picture is much improved compared with “a year ago, “the state still needs to exercise restraint for the remainder of the fiscal year,” ending June 30. He wrote a similar directive in March 2013.

McCrory’s state budget office projected this week that Medicaid expenditures could be up to $140 million above the amount the General Assembly authorized.

First of all, “McCrory’s state budget office” is budget director Art Pope, the real governor. McCrory’s just the cabin boy.

Second, so the state might need to spend $140 million above what’s been authorized. Gee. Whocouldaknowed? And if only there some way the state could do something about that without eliminating raises for hard-working state employees, who have seen damn little in the way of raises since the Crash of ’08. There ought to be something we could do, y’know. Hmm. What could it be? And why didn’t the AP and/or the News & Record point that out?

But we continue:

While revenue projections are largely on track to cover this year’s budget, “there is revenue uncertainty for the remainder” of the year, McCrory wrote.

Stop right there, bubba. Both of those things cannot be true simultaneously. McCrory, by whom I mean Pope, is just flat-out lying here and hoping no one will notice. Certainly the AP and the News & Record didn’t.

He also ordered his Cabinet-level agencies to discontinue most salary increases, limit purchases, reduce travel expenditures and reconsider contract work.

Translation: Basically, we’re not just going to screw up Medicaid, we’re going to screw up every other agency, too.

Jesus wept. What they’re doing (and refusing to do that could help) is bad enough. And the news media are giving them a free pass on top of that.

Dear Merciful God, I’ve had a pretty good life, all in all, and so I haven’t asked you for much. And much of what I have asked for, you’ve delivered. But even though you did my family and me quite a solid just today, I’m asking this: Please let Roy Cooper, or some other competent Democrat, run against McCrory in 2016 and whip him like a rented mule. I mean, whip him so badly he needs skin grafts to close all the bloody welts on his ass.

Now, Lord, I grant that’s pretty harsh. But your own son took a brutal flogging en route to saving humankind. Meanwhile, thousands of North Carolinians are doing without health insurance, and thus health care, who wouldn’t have to except that Pat McCrory and Art Pople hate the non-white guy in the White House. And a nontrivial number of those North Carolinians, research shows, are likely to die prematurely because McCrory and Pope are petty, racist sociopaths. So I figured that taking a beating like that wouldn’t fix the damage McCrory will do between now and January 2017. But it might make a lot of suffering people feel a little better and prevent a boatload more suffering in the future.

So if it wouldn’t be too much trouble …

Amen.

Wednesday, March 26, 2014 8:17 pm

There is a club. You and I are not in it.

Filed under: Evil,Hold! Them! Accountable!,I want my money back. — Lex @ 8:17 pm

So, Charlotte Mayor Patrick Cannon has been arrested and indicted on corruption charges, including theft and bribery concerning programs receiving federal funds, honest services wire fraud and extortion under color of official right. For selling his office — before becoming mayor, Cannon had been mayor pro tem and a City Council member — received a total of $68,000 in cash, plus airline tickets, a hotel room, and use of a luxury apartment.

The three charges, which came after a 3 1/2-year undercover sting operation in which FBI agents posed as real-estate developers and allegedly bribed Cannon to use his office to do them favors, carry a combined maximum of 50 years in prison. Assuming Cannon is guilty on all counts, he still won’t do anything like 50, but he’ll do quite a number of years. And it won’t be in Alcatraz, but it won’t be in Club Fed, either. He also could be fined up to $1.5 million, which, for him, is years’ and years’ worth of income.

Meanwhile, retired Bank of America CEO Ken Lewis and the bank itself settled a civil lawsuit today with the New York attorney general’s office that had alleged securities fraud. Specifically, Lewis and the bank were accused of deceiving BoA stockholders about what crappy shape Merrill Lynch was in when the bank asked stockholders to approve a takeover of Merrill in December 2008. This transaction played a nontrivial role in blowing up the economy, although that demolition was well under way when the sale closed on Jan. 1, 2009.

Neither Lewis nor the bank is required by the settlement to admit any wrongdoing. The bank will have to pay $15 million. Lewis himself will have to pay $10 million, although that’s the equivalent of zero days’ worth of income for him because the bank will pay it for him. Given the bank’s net earnings of $4.2 billion in 2012 (the 2013 annual report is due out any day), those fines amount to about two days’ profits, give or take. That’ll certainly warn all the other banks not to screw their shareholders, I think.

Oh, and Lewis is personally barred for three years from serving as an officer or director for any publicly traded company. Which is really going to cramp his style because he’s, you know, retired.

So:

  • Criminal charges vs. civil.
  • Prison and a significant fine vs. no prison and a trivial fine.
  • A guilty verdict or guilty plea vs. no admission of guilt.
  • Prison (again) vs. an order not to do something he probably wasn’t going to do anyway.

What have we learned from this experience?

We’ve got one set of rules for banksters, and another set for everybody else, including mayors of major cities, you, and me.

There is a club. You and I are not in it.

Sunday, March 23, 2014 9:09 pm

America, land of free markets. … Oh. Wait.

It would appear that up to several dozen tech companies have been conspiring to artificially suppress wages for their employees. In other words, they’ve been stealing from their employees, although because they used email instead of a knife or gun no one will go to prison. At first it was just Apple, Google and Intel that we knew of; now, well …:

Confidential internal Google and Apple memos, buried within piles of court dockets and reviewed by PandoDaily, clearly show that what began as a secret cartel agreement between Apple’s Steve Jobs and Google’s Eric Schmidt to illegally fix the labor market for hi-tech workers, expanded within a few years to include companies ranging from Dell, IBM, eBay and Microsoft, to Comcast, Clear Channel, Dreamworks, and London-based public relations behemoth WPP. All told, the combined workforces of the companies involved totals well over a million employees.

At the link you can also find embedded court documents bearing out the claims.

This is money that went to a very few officers and directors at these companies. It is money that was taken from hard-working employees and will never be returned. And do not kid yourself that tech is the only sector in which this is happening. One reason the government has been so easygoing on monopolies and near-monopolies the past 30 years is that they make this kind of thing easier. In other words, if you’re a CEO, this is a delightfully profitable feature, not a bug.

Worse, this conspiracy to suppress wages likely is going on in every major sector of American private industry. I can’t prove it, but I’m certain of it right now, because if there’s one thing I learned from investigative reporting, it’s that corrupt organizations are almost never just a little bit corrupt. Indeed, I would not be surprised to find that this phenomenon, along with daisy chains of CEOs sitting on each other’s board compensation committees, is a significant driver behind the fact that the overwhelming majority of profits from productivity gains are going to the top 1 or 2 percent of earners in the work force.

The CEOs involved knew that what they were doing was wrong, that it involved the permanent, unlawful taking of the property of others. They should be doing at least as much time as your run-of-the-mill bank robber, in facilities no more luxurious. But they won’t. And that’s why we can’t have nice things.

Thursday, March 6, 2014 7:57 pm

The effort to help the poor that even the GOP could love, once, is now in their sights

Tim Noah:

President Obama’s new budget increases spending on and expands eligibility for the Earned Income Tax Credit, the largest and most successful government assistance program for the working poor.

The much-praised House GOP tax reform introduced last week would cut the EITC, even though a House GOP report excoriating most federal assistance to the poor singled out the program for applause.

This new partisan difference over the EITC – a program that in the past has been a rare source of bipartisan agreement – speaks volumes about Republicans’ newfound ambivalence toward the working poor.

The EITC was created back in 1975 by Sen. Russell Long, who–despite being the son of populist Louisiana Gov. Huey “Every Man A King” Long – was fairly conservative. The idea was to use government assistance to reward work rather than indolence among the poor; you only got the money if you could show that you had worked.

This conceit had obvious appeal to President Ronald Reagan, who expanded the program, and later to President Bill Clinton, who expanded it much further even as he eliminated “welfare as we know it,” i.e., long-term, no-strings cash assistance to the poor. (The EITC was further expanded under Presidents George W. Bush and Barack Obama.)

Welfare reform should have ended the partisan scrimmage over welfare dependency. Instead, it merely shifted the goalposts. Previously, the GOP had praised the “deserving” (i.e., working) poor even as it derided the “dependent” (i.e., welfare-collecting) poor. But with Clinton’s abolition of long-term assistance and imposition of work requirements, it became more difficult to isolate a class of nonworking, government-dependent poor that Republicans could reliably scapegoat. So they gradually came to rebrand as “dependent” any low-income person who collected government assistance, even if that person also had a job. In effect, conservatives broadened their definition of “welfare” to the breaking point, including food stamps (most of which go to people with jobs), Medicaid (a benefit you collect only if you get sick), and even Pell Grants.

I don’t think the Republicans are “ambivalent” toward the working poor. I think they actively want to kick them harder. They may say otherwise, but by their works ye may know them. North Carolina already has killed its own version of the EITC because our legislature is controlled by sociopaths.

UPDATE, 9:37 p.m.: Forgot the link. It’s there now.

Tuesday, February 11, 2014 8:11 pm

“State secrets” and the erosion of the Bill of Rights

Time after time, in case after case in the So-Called War on Terror, we have seen the government invoke “state secrets,” as a means of denying defendants access to potentially exculpatory information in the government’s possession or as a means of denying civil plaintiffs access to information that would strengthen their own case at the government’s expense. As a result, some potentially innocent people have remained in custody for years, in many cases without trial or even charge. As a result, some meritorious lawsuits against government overreach have been tossed.

As a result, the country has both weakened and betrayed its own values. That’s bad enough.

But now? We come to find that for seven years, the government has been invoking “state secrets” to cover up a simple, understandable, and easy-to-fix paperwork error, albeit one with significant consequences. That error, compounded by the massive cover-up on the part of high-ranking officials in both the Bush 43 and Obama administrations, particularly Director of National Intelligence James Clapper and Attorney General Eric Holder, kept an innocent woman named Rahinah Ibrahim on the U.S. government’s no-fly list for that period. For much of that period, the defense was invoked merely to prevent her from learning whether she was even on the list, let alone being able to do something about it.

Holder went so far as to tell the judge presiding over the case that this assertion of the state secrets privilege was fully in keeping with Obama’s much-ballyhooed 2009 executive branch reforms of the privilege, which stated the administration would invoke state secrets sparingly.

“Under this policy, the Department of Justice will defend an assertion of the state secrets privilege in litigation, and seek dismissal of a claim on that basis, only when necessary to protect against the risk of significant harm to national security,” reads an April signed declaration from the attorney general to U.S. District Judge William Alsup, who presided over the Ibrahim litigation in San Francisco.

The state secrets privilege was first upheld by the Supreme Court in a McCarthy-era case and generally requires judges to dismiss lawsuits against the United States when the government asserts a trial threatens national security.

In his declaration, Holder assured Judge Alsup that the government would not be claiming national security to conceal “administrative error” or to “prevent embarrassment” — an assertion that is now nearly impossible to square with the facts.

Way I read that, “now nearly impossible to square with the facts” means “a stone lie.”

Finally, her case was allowed to come to trial, a month before which the presiding judge, during a pretrial conference, told lawyers, “I feel like I have been had by the government.”

Time was, lawyers who intentionally misled judges suffered serious consequences to their cases, if not to themselves personally. As it was, after a five-day nonjury trial, the judge ruled for Ibrahim.

Here’s my question: If the government would illegally invoke “state secrets” for seven years, under both Republican and Democratic administrations, to cover up a bloody paperwork error, what else is it covering up under the “state secrets” defense? Prosecution and/or punishment of innocent people? Ongoing torture? Extrajudicial assassinations? Massive waste, fraud and abuse in the national intelligence apparatus? At this point you’d have to be an idiot to bet on anything except all these and more.

Classification of material to cover up evidence of a crime is, itself, a federal crime. And it’s one with which not nearly enough people have been charged. But beyond that, judges who get played by the government this way should, when they figure out what’s going on, bring the gavel down on the government officials and lawyers involved so viciously that a century from now such officials and lawyers will speak of it only behind closed doors, with hushed voices, in the dark of night, the elderly cautioning the young.

Tuesday, January 28, 2014 10:09 pm

What happens when “Don’t Be Evil” meets evil

Filed under: Evil,Hold! Them! Accountable!,I want my money back. — Lex @ 10:09 pm

Oh, stuff like this:

In early 2005, as demand for Silicon Valley engineers began booming, Apple’s Steve Jobs sealed a secret and illegal pact with Google’s Eric Schmidt to artificially push their workers wages lower by agreeing not to recruit each other’s employees, sharing wage scale information, and punishing violators. On February 27, 2005, Bill Campbell, a member of Apple’s board of directors and senior advisor to Google, emailed Jobs to confirm that Eric Schmidt “got directly involved and firmly stopped all efforts to recruit anyone from Apple.”

Later that year, Schmidt instructed his Sr VP for Business Operation Shona Brown to keep the pact a secret and only share information “verbally, since I don’t want to create a paper trail over which we can be sued later?”

These secret conversations and agreements between some of the biggest names in Silicon Valley were first exposed in a Department of Justice antitrust investigation launched by the Obama Administration in 2010. That DOJ suit became the basis of a class action lawsuit filed on behalf of over 100,000 tech employees whose wages were artificially lowered — an estimated $9 billion effectively stolen by the high-flying companies from their workers to pad company earnings — in the second half of the 2000s. Last week, the 9th Circuit Court of Appeals denied attempts by Apple, Google, Intel, and Adobe to have the lawsuit tossed, and gave final approval for the class action suit to go forward. A jury trial date has been set for May 27 in San Jose, before US District Court judge Lucy Koh, who presided over the Samsung-Apple patent suit.

In a related but separate investigation and ongoing suit, eBay and its former CEO Meg Whitman, now CEO of HP, are being sued by both the federal government and the state of California for arranging a similar, secret wage-theft agreement with Intuit (and possibly Google as well) during the same period.

The secret wage-theft agreements between Apple, Google, Intel, Adobe, Intuit, and Pixar (now owned by Disney) are described in court papers obtained by PandoDaily as “an overarching conspiracy” in violation of the Sherman Antitrust Act and the Clayton Antitrust Act, and at times it reads like something lifted straight out of the robber baron era that produced those laws. Today’s inequality crisis is America’s worst on record since statistics were first recorded a hundred years ago — the only comparison would be to the era of the railroad tycoons in the late 19th century.

I’m delighted that the class-action lawsuit is going forward. But I still see two huge problems:

  1. The money that all those employees would have been paid in an unrigged labor market — estimated here at $9 billion — is lost to them forever and likely staying with the executives forever.
  2. Lawsuits are all well and good, but anyone who has passed Econ 101 knows that this arrangement violated antitrust law. The executives involved need to face serious criminal charges. This action constituted criminal fraud and conspiracy, plain and simple, and possibly other crimes that aren’t so simple.

Nothing is going to stop this crap until rich and famous corporate executives start getting frog-marched around in orange jumpsuits on live TV before being locked away long enough for all their tech knowledge to become worthless, along with most of their teeth.

 

Thursday, January 23, 2014 8:57 pm

Terrorist acts that our federal and state governments have ignored

Esquire’s Charlie Pierce with a thought experiment:

Imagine if there were three terrorist events in two weeks. First, terrorists poison a state’s water supply. Then, they rig a building to collapse and rig another one hundreds of miles away to explode. Nervous politicians would be blue-pencilling the Bill of Rights by daybreak. The NSA would throw a parade for itself. Edward Snowden would be hung in effigy, if we couldn’t do it in person. Somebody’s ass would get droned in Waziristan.

Sounds about right.

But in the past two weeks, we have seen West Virginia’s water supply be poisoned by a Koch Bros.-owned chemical plant (CORRECTION: As Roch notes below, the Kochs sold the plant Dec. 31, nine days before the leak), which promptly filed for bankruptcy protection so that the families who are harmed will have to be compensated by the state if they get compensated at all. Then we have the building collapse in Nebraska and the explosion in Oklahoma. And those events happened in the wake of the fertilizer plant explosion in West, Texas, that killed 15 people, injured more than 160 others and damaged or destroyed more than 150 buildings. What do these things have in common? Freedom! The dead hand of government regulation has been removed, by fiat or via lack of enforcement, so that these companies could kill Americans without significantly harming their owners’ bottom lines.

At Cogitamus.com, the Low-Tech Cyclist says:

I keep on waiting for the Democratic Party to get a clue about this: to say after the latest such disaster, “This is why we regulate, [expletive] – this is why we need the regulations, and why we need enough Federal inspectors out in the field to make sure they’re followed.  Because otherwise, they’ll poison our food, dump chemicals in our rivers, steal your wages, and make you work in places that could blow up.”

But Dems at the state and federal levels seem almost as in thrall to industry as their GOP brethren and sistren, so we’re all screwed. Pierce concludes:

(Forklift operator) Kendrick Houston was brave enough to go back into the fire (in Omaha). Yet too many of our politicians, local and national, don’t have the simple stones to stand up to a corporate class that has come to represent nothing but death and pillage. But they will show up at the funerals, boy. They will do that, and they will talk about the indomitable spirit of American individualism, through which people will run back into the fire, and then they will go out onto the stump next fall and talk about how the dead hand of government regulation is stifling that same spirit, and that freedom demands more victims. The American Dream becomes the province of the dead, Moloch with stock options, and that is the country today, where things fall down and things blow up and almost nothing ever changes.

The Republicans got the Congress back in 1994 in part by using language to frame the terms of the debate and even to describe their opponents as outlined in the now-famous document “Language: A Key Mechanism of Control.” So is it excessive to, as Low-Tech Cyclist does, call our plutocrat class “terrorists”? I think not — if the poison-tipped jackboot fits, wear it — but even then, they do what they do because we allow our legislators to let them. This, among many, many other reasons, is why voting matters and why electing people to office who believe that government can and should do its job, not those who are bent on dismantling what remains of government, is so important.

Some of our most vicious terrorists are home-grown, and it’s time they did time. But in addition, and better, it’s time we prevented them from getting in the way of what’s needed to keep our food, water, drugs, cosmetics, workplaces, and so on, safe. Because the free market doesn’t give a rat’s ass if you live or die. If you doubt me, you can just go to West, Texas, or even just down to Hamlet and ask.

Tuesday, January 14, 2014 9:13 pm

The problem with Republicans is that they want to make the whole country like Texas.

And how’s that working out?

When the U.S. Environmental Protection Agency declared that a group of Texas homes near a gas-drilling operation didn’t have dangerous levels of methane in their water, it relied on tests conducted by the driller itself.

Now, independent tests from Duke University researchers have found combustible levels of methane in some of the wells, and homeowners want the EPA to re-open the case.

The previously undisclosed Duke testing illustrate the complaints of critics who say the agency is reluctant to sanction a booming industry that has pushed down energy prices for consumers, created thousands of jobs and buoyed the economy.

“I don’t understand why they would let the company that was accused of doing the wrongdoing conduct the tests,” said Shelly Perdue, who lives near the two wells in Weatherford, 60 miles (97 kilometers) west of Dallas. “It doesn’t make sense.”

Obviously Shelly Perdue is not fit material to run for office as a Republican.

Tuesday, January 7, 2014 6:31 pm

One reason among many why Mitch McConnell is probably going to hell

Today he did this:

Minority Leader Mitch McConnell (R-KY) offered on the Senate floor to extend unemployment benefits if the Obamacare individual mandate was delayed for a year. He claimed that they would “pay” for the unemployment benefits extension by killing Obamacare. The problem is that the ACA doesn’t add anything to the deficit.

In October when the CBO rescored the ACA, they found, “Those amounts do not reflect the total budgetary impact of the ACA. That legislation includes many other provisions that, on net, will reduce budget deficits. Taking the coverage provisions and other provisions together, CBO and JCT have estimated that the ACA will reduce deficits over the next 10 years and in the subsequent decade.”

McConnell was trying to eliminate something that reduces the deficit in order to pay for an extension of unemployment benefits. This is how delusional Republicans are about the ACA. They have invented their own reality on healthcare, and this includes their own version of a fiscal impact on the law that doesn’t exist.

People are losing homes and more because of long-term unemployment, and all Mitchell can do is play politics: He wants to kill a program that doesn’t add to the deficit in order to pay for some very basic help for people still out of work because (surprise!) there are still about three unemployed people for every available job.

(And where in the pluperfect hell was he when we needed to pay for the wars in Afghanistan and Iraq and borrowed every dime of those trillions instead? Did he go along with a tax increase then? Hell,  no. And so we marched off and fought two wars for the first time in U.S. history without raising taxes to help pay for it.)

This is the behavior of a sociopath, and a delusional one at that. When you create your own reality, when you successfully sell yourself a line of bullshit, the result may include nontrivial numbers of homeless, hungry, or even dead people. And anyone who willfully and intentionally engaged in that behavior, knowing what its consequences will be (and that children will be, disproportionately, among the victims), deserves to go to hell.

Friday, January 3, 2014 6:12 pm

Your liberal media, part the infinity

David Gregory had unindicted murder Elliott Abrams on “Meet the Press” this past Sunday, and if you want to know what’s wrong with American news media, this is it in a nutshell: They continue to give respectful (and, by “respectful,” I mean “fellating”) hearings to people who have been so wrong on substance so many times that no sane society would ever give them another hearing. I’ll outsource this to Charlie Pierce:

[Abrams was] described as a “foreign policy advisor to Presidents Reagan and George W. Bush” when, in reality, he is a bloodthirsty chickenhawk who, during the term of office he’d served prior to working for C-Plus Augustus, was party to a sprawling international conspiracy that involved selling missiles to Iran, funding our out private terrorist army in Central America, and lying to Congress about the whole business, which nearly got him indicted, but he dove into a sweet plea deal and then was pardoned anyway by President George H.W. Bush, who was hip-deep in the same foul mire, and who pardoned everyone except Shoeless Joe Jackson on his way out the door. Prior to this, he had misled Congress about a massacre carried out by US-aligned military terrorists in a place called El Mozote in El Salvador. Part of his job there was to slander American reporters who tried to tell the country the truth about what its tax dollars were buying in Central America in those days. (By the way, the American people kept saying, over and over again, that they did not approve of what was being done in their name in places like El Salvador. But democratic norms meant nothing to Elliott Abrams and they mean nothing today.) He also repeatedly fudged the facts regarding the murder of Archbishop Oscar Romero by a right-wing death squad in the middle of Mass.

Abrams’s undying cred with people like the folks who run Meet The Press is my problem, since we ostensibly share the same business. There are a hundred other conservative critics of the administration who MTP could have called to make the same case Abrams made yesterday — the administration is “withdrawing” from the Middle East, why are we not yet at war in Syria?, why are we not as yet bombing the hell out of Iran, Israel abandoned, etc, etc — who were not career disinformation specialists, and who did not lie to the country on the country’s own dime. Didn’t anyone there stop and think, geez, even on a holiday week, we can do better than to lend what’s left of our credibility and what’s left of the credibility of our show to a guy who has lied so extravagantly through his entire public career? Was there nobody on duty in upper echelons who remembers Iran-Contra? (It was in all the papers.) The only possible question for a moral journalist to pose to this guy is, “Why in the unshirted fk should we believe anything you say about anything ever?” and then move along to whatever banality Andrea Mitchell has teed up. …

The last time a president was as “bold” as Gregory wants this one to be, he lied us into a war that continues to wreak ruin to this day. Elliott Abrams was working for him at the time. The time before that, peasants got slaughtered and American nuns got raped and murdered, and archbishops got ventilated on the altar, and Elliott Abrams, to whom the Dancin’ Master directed his volley of bad history, cheered all of this on, lied about it as part of his official duties, and continues to believe that to have been the height of patriotism and public service. Ghosts of the dead should howl him awake every night. He should be spat upon by the surviving families of the dead every day on his way to teach his history class. History itself should vomit him out of its mouth. Journalism should revolt at the very sight of him. He should be whatever is one rung below a pariah. Instead, he gets a guest shot to tell the nation he has spent his career misleading into armed conflicts in which he never would have picked up a weapon or stood a post that its foreign policy is not blood-soaked enough for his taste. It was a living parable of the uselessness of dead memory.

I’m old enough to remember El Mozote. I’m old enough to remember Iran-Contra. And I’m still pissed about them. Therefore, you can begin, maybe, talking to me about a liberal media when blood-soaked clowns like Abrams cease getting respectful hearings from that media. Until then, just shut up.

 

Thursday, January 2, 2014 5:30 pm

Stuff I missed while having a life over the holidays, Too Big to Jail edition

It’s official: Big banks are now Too Big to Jail and therefore will never be held accountable, nor their executives jailed, under the Racketeering-Influenced and Corrupt Organizations (RICO) Act:

(Assistant Attorney General Lanny) Breuer this week signed off on a settlement deal with the British banking giant HSBC that is the ultimate insult to every ordinary person who’s ever had his life altered by a narcotics charge. Despite the fact that HSBC admitted to laundering billions of dollars for Colombian and Mexican drug cartels (among others) and violating a host of important banking laws (from the Bank Secrecy Act to the Trading With the Enemy Act), Breuer and his Justice Department elected not to pursue criminal prosecutions of the bank, opting instead for a “record” financial settlement of $1.9 billion, which as one analyst noted is about five weeks of income for the bank.

The banks’ laundering transactions were so brazen that the NSA probably could have spotted them from space. Breuer admitted that drug dealers would sometimes come to HSBC’s Mexican branches and “deposit hundreds of thousands of dollars in cash, in a single day, into a single account, using boxes designed to fit the precise dimensions of the teller windows.” …

Though this was not stated explicitly, the government’s rationale in not pursuing criminal prosecutions against the bank was apparently rooted in concerns that putting executives from a “systemically important institution” in jail for drug laundering would threaten the stability of the financial system. The New York Times put it this way:

Federal and state authorities have chosen not to indict HSBC, the London-based bank, on charges of vast and prolonged money laundering, for fear that criminal prosecution would topple the bank and, in the process, endanger the financial system.

It doesn’t take a genius to see that the reasoning here is beyond flawed. When you decide not to prosecute bankers for billion-dollar crimes connected to drug-dealing and terrorism (some of HSBC’s Saudi and Bangladeshi clients had terrorist ties, according to a Senate investigation), it doesn’t protect the banking system, it does exactly the opposite. It terrifies investors and depositors everywhere, leaving them with the clear impression that even the most “reputable” banks may in fact be captured institutions whose senior executives are in the employ of (this can’t be repeated often enough) murderers and terrorists. Even more shocking, the Justice Department’s response to learning about all of this was to do exactly the same thing that the HSBC executives did in the first place to get themselves in trouble – they took money to look the other way.

And not only did they sell out to drug dealers, they sold out cheap. You’ll hear bragging this week by the Obama administration that they wrested a record penalty from HSBC, but it’s a joke. Some of the penalties involved will literally make you laugh out loud. This is from Breuer’s announcement:

As a result of the government’s investigation, HSBC has . . . “clawed back” deferred compensation bonuses given to some of its most senior U.S. anti-money laundering and compliance officers, and agreed to partially defer bonus compensation for its most senior officials during the five-year period of the deferred prosecution agreement.

Wow. So the executives who spent a decade laundering billions of dollars will have to partially defer their bonuses during the five-year deferred prosecution agreement? Are you [bleeping] kidding me? That’s the punishment? The government’s negotiators couldn’t hold firm on forcing HSBC officials to completely wait to receive their ill-gotten bonuses? They had to settle on making them “partially” wait? Every honest prosecutor in America has to be puking his guts out at such bargaining tactics. What was the Justice Department’s opening offer – asking executives to restrict their Caribbean vacation time to nine weeks a year?

So you might ask, what’s the appropriate financial penalty for a bank in HSBC’s position? Exactly how much money should one extract from a firm that has been shamelessly profiting from business with criminals for years and years? Remember, we’re talking about a company that has admitted to a smorgasbord of serious banking crimes. If you’re the prosecutor, you’ve got this bank by the balls. So how much money should you take?

How about all of it? How about every last dollar the bank has made since it started its illegal activity? How about you dive into every bank account of every single executive involved in this mess and take every last bonus dollar they’ve ever earned? Then take their houses, their cars, the paintings they bought at Sotheby’s auctions, the clothes in their closets, the loose change in the jars on their kitchen counters, every last freaking thing. Take it all and don’t think twice. And then throw them in jail.

Sound harsh? It does, doesn’t it? The only problem is, that’s exactly what the government does just about every day to ordinary people involved in ordinary drug cases.

It’s worth remembering, particularly for those of us who grew up along with Wachovia Bank here in North Carolina, that that bank, now part of Wells Fargo, settled with the Feds in 2010 for $110 million in forfeiture and a $50 million fine for laundering $378.4 billion — an amount equivalent to a third of Mexico’s GDP at the time. Then as now, no bank executives were charged; indeed, the bank hung its senior anti-money-laundering officer, Martin Woods, out to dry.

I get that there are good reasons (though not, in my personal opinion, a clearly convincing case) to keep, say, marijuana illegal for recreational use. But even if all laws banning marijuana use in the U.S. were scrapped today, the damage, though enormous in some individual cases, would be nowhere near the damage that is being done, right now, by decisions like this, to confidence in the U.S. finance system and, even more importantly, to the rule of law. Lanny Breuer ought to be named somewhere as an unindicted co-conspirator, at the least, and so should his boss, Attorney General Eric Holder. If Congress wants to impeach someone — and the GOP House, at least, certainly does — it could start with Holder without a peep of complaint from me as long as the charges pertained to his overwhelming failure to even try to rein in the banks during his term.

Wednesday, December 25, 2013 12:58 am

The Gospel According to Pierce; or, A Christmas Prayer, With Carrion

And Pierce wrote, saying:

But this is the argument in season over these holidays. That the poor must suffer in order to be redeemed. That hunger is a moral test to be endured. That only through pain can we hope. What doesn’t destroy you, etc. Santa Nietzsche is coming to town. The idea that we should — hell, that we must — act out of charity for each other through the institutions of self-government is lost in the din of a frontal system of moral thunderation aimed at everyone except the person who is out there thunderatin’ on behalf of personal-trainer Jesus, who wants us to work, work, work on that core. That was the way that government operated once before; the specific institutions that Scrooge mentions, and with which the Spirit eventually reproaches him in his own words – the prisons, the union workhouses, the treadmill, and the Poor Laws – were all government institutions based on the same basic philosophy that drives the debate over the food stamp program today.(We even seem to be going back to debtor’s prisons.) We have speeches on self-reliance given by government employees to people who increasingly have only themselves on whom to rely, day after grinding day. It is a way to keep the poor from having a voice in their own self-government. It is a way to keep the wrath of the boy at bay. There will be a reckoning, one way or another. But it can be staved off by platitudes, and by verses from Scripture wrenched from the obvious context of the Gospels. The sepulchers brighten whitely while the bones inside grow increasingly corrupt. This is what this Congress believes, as it goes home proud of itself and its members dress themselves to sing the midnight carols with no conscience sounding in counterpoint, and this is Christmas in America, and it is the year of our Lord, 2013.

Merry Christmas to all, and tonight, God bless us, every one. But forgive me, Lord, in advance, for hoping and praying that the year of our Lord 2014 brings plague and pestilence upon those who would force the suffering to suffer further, those who would insist upon morality tests for the poor that they themselves could not pass, those who would require that many of our fellow Americans be denied a voice with which to insist anything. Bring on the plagues for them, turn their fruit into locust husks, their wine and water into blood, and their foie gras to feces, and let their corrupt bones and those of their first born be cast out from the whitely brightened sepulchers to be feasted upon by jackals and vultures.

Except for those who repent and atone. Always except for those.

Amen. And Amen.

Saturday, November 23, 2013 9:30 pm

What you don’t know can make you grow a third eye

Filed under: Evil — Lex @ 9:30 pm
Tags:

Economist Dean Baker on fracking companies’ arguments that they must not be forced to disclose to state governments or public-health officials the mix of chemicals they use in their processes:

This is precisely the reason that we have patents. If a company has an especially innovative mix of chemicals they would be able to get it patented and prevent their competitors from using it for 20 years. The fact that companies can obtain patent protection makes it implausible that protecting [trade] secrets is the real motive for their refusal to disclose the chemicals they are using.

“Trust me”? I effing well think not.

 

 

Friday, November 22, 2013 6:34 pm

Wingnut legal wankery, cont.

Earlier this week, in a case called Planned Parenthood v. Casey, the Supreme Court in effect upheld Texas’s draconian new restrictions on abortion — a law that effectively outlaws abortions in a huge swath of west Texas. In so doing, it upheld a 5th Circuit court ruling “staying” — preventing from taking effect — a District Court ruling that parts of the law were unconstitutional.

Now, to stay the District Court ruling, the appeals court had to find that allowing that ruling to stand pending appeal would constitute “irreparable harm” to the state of Texas. It also had to find that the stay “”substantially injure the other parties interested in the proceeding” — i.e., pregnant women in Texas.

The appeals-court judge who wrote that court’s ruling, Priscilla Owen, really did find, against both facts and common sense, that the state of Texas would be irreparably harmed if the District Court ruling were allowed to stand while it was being appealed AND that no other parties interested in the proceeding would be substantially injured. Yes, she did. Lawyer/blogger Scott Lemieux comments:

What makes Owen’s opinion remarkable, however, is her justification for the conclusion that temporarily preventing the law from going into effect would constitute “irreparable harm” to the state of Texas. Circuit Court judges are bound by Supreme Court precedent; they cannot create new legal standards on their own. But as one lawblogger notes, the basis for Owen’s conclusion would be embarrassingly feeble if there was any evidence that she was capable of embarrassment. The following is a comprehensive list of the precedents cited by Owen to justify her conclusion:

  • A bare assertion from a 1977 solo opinion—not speaking for the court—by then-Associate Justice Rehnquist that “[i]t also seems to me that any time a State is enjoined by a court from effectuating statutes enacted by representatives of its people, it suffers a form of irreparable injury.” (“It seems”—well, I’m convinced!)
  • A solo opinion—again, not speaking for the Court—by Chief Justice Roberts citing the Rehnquist opinion without any further defense.
  • That’s it.

This precedential basis would need a lot more heft to merit being called “threadbare.” And it’s even worse than it appears at first glance. First of all, Rehnquist’s opinion applied to a case where at least the statute had already gone into effect, making the argument of “irreparable harm” to the state even weaker as applied to the Texas abortion case, where it had not. And second, there’s a reason that this dictum has never appeared in an actual Supreme Court majority opinion—it doesn’t make any sense. If this “principle” were taken seriously, states would have an unlimited right to enforce unconstitutional laws for as long as the legal challenges take to wend their way through the courts, irrespective of the harm caused to those who rights were violated. This simply cannot be right.

How does Scalia’s counter to Breyer—typically long on belligerence and short on logic—reply to these obvious objections? Why, by merely citing the Rehnquist and Roberts opinions again. So now, the next time a hack Republican judge wants to make a politically expedient decision to deny or vacate an injunction preventing the enforcement of potentially unconstitutional legislation, he or she can now cite four precedents endorsing the same erroneous tautology without any attempt to defend it. It’s a nice con if you can pull it off.

“Because Rehnquist said so.” “Because Roberts said Rehnquist said so.” “Because Scalia said Roberts said Rehnquist said so.” Seriously, that’s an actual sitting appeals-court judge’s idea of how precedent works. IANAL, but I’ve examined enough SCOTUS cases to know that that isn’t law, that’s wanking: The string may get longer, but because no case majority opinion is ever cited, the amount of actual legal value therein starts at zero and stays there.

So much for the rule of law. And I disagree with Lemieux that this is merely a con. I think it’s straight-up dictatorship: These people have decided that they’re going to overturn Roe v. Wade  by hook or by crook and meddle deeply into the medical affairs of women without legal or constitutional justification for doing so, and that’s that. If you were kidding yourself about that before, please stop.

Thursday, November 14, 2013 7:52 pm

Senate Republicans continue to abuse the filibuster

Senate Republicans have filibustered three of President Obama’s nominees to the D.C. Circuit Court. (There are three vacancies on an eight-judge panel.) The GOP has accused Obama of 1) “court-packing” and 2) appointing “radicals” to those seats.

“Court packing,” like so many words Republicans like to toss around, has an actual meaning. Also, like so many of the words Republicans toss around, it does not mean what they think it means. It stems from the 1930s, when FDR became so frustrated at opposition in the federal courts to some of his New Deal measures that he contemplated increasing the number of seats on the Supreme Court and elsewhere in the federal judiciary to create room for majorities who would uphold his policies. (That didn’t happen, by the way; natural turnover solved some of his problem over time.) But today’s GOP calls filling existing vacancies “court packing.” Uh, no.

Now, then, as for the radicals: The most liberal of the three D.C. Circuit nominees is probably Cornelia “Nina” Pillard. And how radical is she?

Well …

Pillard’s nomination was easily the most controversial for conservatives in the Senate, who voiced concerns over her “radical” views connecting reproductive rights to gender equality as well as her history working on significant cases such as United States v. Virginia, which opened the Virginia Military Institute to women, and Nevada Department of Human Resources v. Hibbs, which successfully defended the Family and Medical Leave Act against a constitutional challenge.

Gee. That sounds bad. But was it?

It’s hard to imagine evidence of “radicalism” being much more feeble. You don’t exactly have to be Catharine MacKinnon to believe that states denying women the same educational opportunities as men violates the equal protection of the laws guaranteed by the 14th Amendment. Indeed, Pillard’s position won at the Supreme Court 7-1. Similarly, arguing that the FMLA—which passed the Senate 71-27—was applicable against state employers is not exactly revolutionary. The Supreme Court agreed in a 6-3 opinion authored by noted left-wing fanatic William Rehnquist (who also voted with the majority in the VMI case.)

Sooooo … the cases about which Pillard is getting the most grief are cases in which she 1) prevailed, and not narrowly, at the Supreme Court, with 2) William Rehnquist, one of the most conservative justices to sit on the high court in the past 75 years, agreeing with her.

In related news, the nomination of Rep. Mel Watt (with whom I have my own problems, but that’s a story for another time) to lead the Federal Housing Finance Agency also was filibustered. That marked the first time a sitting member of Congress had been denied an up-or-down vote on a presidential appointment since 1843. No, that’s not a typo.

It’s almost as if Senate Republicans aren’t actually concerned about nominees’ competence, character, or even politics. It’s almost as if they’re concerned about … well, something else. But I can’t quite put my finger on it. I wonder what it might be?

Saturday, November 9, 2013 10:25 pm

Willfully and intentionally stick the wrong man in prison for 25 years? Meh. We’ll give you 10 days in jail.

Lawyers take oaths to serve as officers of the court, meaning, basically, that they swear to follow the law and to do everything they can to ensure that the court system of which they are a part does the same. As part and parcel of this system, prosecutors are bound by oath to disclose to the defense, before trial, or as soon as they obtain or learn of it if a trial already has started, all the evidence they have, including evidence that might tend to prove that the defendant is not, in fact, guilty — “exculpatory” evidence, the lawyers call it.

That’s the way the system is supposed to work, and the consequences of failure are immense: Not only does an innocent person go to prison or worse, but the guilty person also goes free, perhaps to victimize others.

We have no idea how often prosecutors violate this obligation, but cases come to light with enough regularity that we must assume it’s fairly common. And most of the time, the worst thing that happens to a prosecutor as a result is a reprimand, nearly as I can tell (real lawyers are welcome to jump in here and correct me). Frequently, nothing at all happens.

(Indeed, the only time I can recall a prosecutor getting seriously disciplined for a mistake was a rookie assistant DA in Iredell County in the mid-1980s who failed to elicit from a state trooper on the stand the crucial fact that the defendant had been the person the trooper had found behind the wheel in a wreck involving a school bus or school children, I forget which. The defense attorney quite properly moved for a “directed verdict” — an immediate ruling from the judge — for acquittal, and the judge quite properly granted it. The rookie prosecutor was fired. The DA at the time went on to serve as a Superior Court judge himself.)

In fact, in 35 years, much of it professional, of watching the courts, this is the first time I can recall a prosecutor actually going to jail for withholding exculpatory evidence:

Former Williamson County District Attorney Ken Anderson did not disclose evidence to the defense in a case 27 years ago, and will spend 10 days in a county jail.

As a consequence of that misconduct, though, Michael Morton spent 25 years in prison for the murder of his wife Christine, a crime he did not commit, for which he was exonerated by DNA evidence last year.

Christine Morton’s actual killer, Mark Alan Norwood, was convicted of her murder earlier this year, and is now indicted for killing another woman in Austin two and a half years after Christine’s death. …

Anderson refused to disclose that the lead police investigator had learned that Morton’s 3-year-old son witnessed the crime and told his grandmother that Morton wasn’t the perpetrator, that Anderson had learned that a neighbor had reported seeing someone staking out the house, and that someone had tried to use the victim’s credit card in San Antonio after the murder.

Anderson had been facing up to 10 years in prison on a felony and misdemeanor charges of tampering with evidence, which were dropped according to the Austin American Statesman. Anderson will be disbarred for at least five years as well, pending final review by the Texas Supreme Court.

So a guy who knowingly, willfully and intentionally 1) put an innocent man behind bars for 25 years and 2) let a guilty man go free, allegedly to kill again, is going to 1) serve 10 days in jail and 2) maybe lose his law license for five years, after which he’ll be legally entitled to practice law again and at least hypothetically able to imprison more innocent people.

Three words: Aw, hell, no.

For starters, this guy should be disbarred for life.

And then? He ought to serve a day in prison for every day that Anderson served.

And that, right there, ought to be the standard: If you, as a prosecutor, knowingly, willfully, and intentionally withhold exculpatory evidence and an innocent person is convicted as a result, you ought to get the same sentence the defendant did. And, hell, yes, if you send the wrong guy to Death Row and he gets executed, then you should be, too.

I have no reason to think many Americans, or even many lawyers (no matter what type of law they practice) are serious about solving this problem. But if we are serious about solving this problem, this approach will solve it. Indeed, I would argue that this might even be the one instance in which the death penalty really would as a deterrent.

Tuesday, October 29, 2013 7:41 pm

When we are ruled by barbarians, civility is vastly overrated …

… and that’s why this is a job for the Rude Pundit, who weighs in on both spying and drones:

Are we that crazed about our own precious safety that we simply don’t give a shit anymore about what other nations think when it comes to us “protecting” ourselves from “terrorists”? At this point, the United States views the world as one giant conspiracy out to destroy truth, justice, and high school football. We’re so … insane that Osama bin Laden must be laughing his crab-bitten ass off at the bottom of the ocean. …

The biggest allegation so far is that the NSA monitored the cell phone of German Chancellor Angela Merkel. A question about it to Press Secretary Jay Carney led to one of the all-time great weasel answers: “The President assured the Chancellor that the United States is not monitoring and will not monitor the communications of Chancellor Merkel.” Now, the Rude Pundit may not be a big city diplomat, but he is a professor, and he knows when the past tense is missing in a sentence. [That's] so weaselly that actual weasels stood on their hind legs and applauded. …

And before anyone tries to say this is no big deal, much ado about nothing, metadata, or whatever self-deluding nonsense you wanna toss onto the shitpile, what’s more important, huh? Hearing Angela Merkel order take-out bratwurst or whatever … they do in Germany? Or assuring ongoing cooperation from our, you know, allies? ‘Cause those alleged allies are already thinking of telling the United States to [forget about] sharing spy information.

Of course, a little phone and email eavesdropping would be preferable for the people of Pakistan and Yemen, where Obama’s drone war is killing [many] civilians. Like, you know, the “18 laborers, including a 14-year-old boy, [who] were killed in multiple strikes on an impoverished village close to the border with Afghanistan as they were about to enjoy an evening meal at the end of a long day of work” in July 2012. The U.S. reported that as a successful terrorist murder operation, but Amnesty International discovered that it was, in fact, 18 laborers, including a 14-year old boy, who had [nothing] to do with terrorism. There’s lots more like that in both countries where we rain fiery death on the people.

What’s the game here? Is it that once Obama was shown the real threats to the United States, the [stuff] we’re all too stupid to be allowed to see, he lost his … mind and decided to go survivalist? Or is it that Obama is so concerned, like Democrats before him, to be seen as … tough … at home that he doesn’t really care what people overseas think about the spying and the drones missiles?

The Rude Pundit has a problem with all of this. He can’t just sweep it under the rug, say he trusts Obama, go about his daily life, and be glad that he’s not getting attacked. [Forget] that. He didn’t sign up for this. He’s not gonna pretend it’s okay because it’s not. And if it takes our European allies and the human rights organizations we have trusted for decades to smack us back into reality, then, please, slap away at our contorted faces.

I’m nobody’s idea of a national-security expert, but I would think that when our allies are threatening not to share intelligence with us anymore because of what we do and how we do it, we might want to rethink what we do and how we do it. And these two issues are far from the only problems I have with our president over national security.

Friday, October 18, 2013 10:25 pm

Former vagina-bothering Kansas AG Phill Kline has law license suspended

Filed under: Evil,I want my country back. — Lex @ 10:25 pm
Tags: , , ,

The Kansas Supreme Court delivers an epic smackdown to a guy who’s lucky he’s not going to prison:

Citing “clear and convincing evidence” of professional misconduct, the Kansas Supreme Court on Friday indefinitely suspended the law license of former Kansas Attorney General Phill Kline.

The court found that Kline violated 11 rules governing the professional conduct of attorneys during his tenure as the state’s highest law enforcement officer and while he served as Johnson County district attorney.

The disciplinary action that led to Friday’s order arose from Kline’s investigation of abortion clinics while he was attorney general, and from his handling of a grand jury proceeding while Johnson County’s district attorney.

In case you’d forgotten who Kline was and what kind of slimy crap he pulled:

As attorney general and later Johnson County district attorney, he presided over investigations of the late George Tiller’s abortion clinic in Wichita [Tiller was murdered, in case you don't recall -- Lex] and Planned Parenthood in Overland Park.

Kline had accused Planned Parenthood and Tiller of violating state abortion law and covering for pedophiles by not reporting pregnancies of underage girls. Kline said he sought medical records of former patients to prove his case.

The investigation of Planned Parenthood produced a 107-count criminal indictment. The case against the abortion provider was later dropped by current Johnson County District Attorney Steve Howe.

The disciplinary proceedings against Kline began in January 2010 when complaints were filed by Tiller’s attorney and the forewoman of a Johnson County grand jury called to investigate Planned Parenthood. The complaint accused Kline of misleading judges and mishandling evidence as he investigated abortion clinics.

The next year, 12 days of evidence and testimony were presented at a hearing before three lawyers appointed by the Kansas Board for Discipline of Attorneys. That panel found multiple incidents of misconduct and recommended indefinite suspension.

Kline’s objection to those findings triggered a review by the Supreme Court that led to Friday’s 154-page order.

The court found Friday that when he was attorney general, Kline committed misconduct by instructing members of his staff to attach sealed documents to a publicly filed document in violation of a Supreme Court order. He also told staff to file a court pleading that contained misleading information.

The court further found that as Johnson County district attorney, Kline failed to properly advise members of a grand jury about Kansas law and sought to enforce a grand jury subpoena against the grand jury’s wishes.

It also found that Kline gave false testimony to a judge and made “false and misleading” statements to the Supreme Court about the handling of patient records obtained during the criminal investigations. He also did not correct a misstatement to the state’s disciplinary administrator regarding the storage of patient records.

This case got to the state Supreme Court because Kline had disagreed with the recommendation of the Kansas Board for Discipline of Attorneys, which had sought his disbarment.

In a just world, Kline would have been permanently disbarred. In a just world, he’d have gone to prison for telling staff to file a court pleading that contained misleading information. Instead, he’s teaching future lawyers at Liberty University, the late Jerry Falwell’s joint. And he insists there was nothing wrong with what he did, so he’s no doubt fomenting in some future lawyers the belief that it’s OK to lie and cheat. So he gets to go on with his life, while Tiller is dead and some of his patients have suffered unconscionable violations of their privacy.

Of course, he and his lawyer continue to insist that he did nothing wrong. IANAL, but here’s a journalistic pro tip: When you’re a DA and your own grand jury’s forewoman tells the court you’re a crook, the odds are good that you’re a big damn crook.

 

Monday, September 30, 2013 7:46 pm

Oh, yes, he did: Sen. Angus King calls Obamacare opposition “tantamount to murder.”

I’m not the world’s biggest fan of Sen. Angus King, the Maine Independent who caucuses with the Democrats. But he has one quality that I do not: He is treated as a Very Serious Person by the mainstream media. And here’s what this Very Serious Person has to say:

Tuesday begins a 6-month race to enroll as many uninsured people as possible in the Affordable Care Act’s insurance exchanges. For the markets to be effective, they need millions of customers, and for elderly participants not to vastly outnumber younger ones.

It’s in this context that well-heeled conservative groups are appealing to uninsured young people to remain uninsured — part of a backdoor effort to undermine the structural integrity of the health care law.

Their efforts have attracted the attention of one senator who recounts how being insured saved his life when he was a young adult, and who has since then watched others die due to lack of coverage. And he doesn’t mince words with those who’d take risks with other people’s health security.

“That’s a scandal — those people are guilty of murder in my opinion,” Sen. Angus King, a Maine Independent who caucuses with Democrats, told me in a Friday interview. “Some of those people they persuade are going to end up dying because they don’t have health insurance. For people who do that to other people in the name of some obscure political ideology is one of the grossest violations of our humanity I can think of. This absolutely drives me crazy.”

Murder. Yeah, I’ve gone there before, but now a Very Serious Person has gone there, too.

I do not think for one second that this will change the behavior of the Crazy Caucus. But it might change the  worldviews of a few of the reporters in the mainstream media who are so convinced that “both sides do it” and that this fight is merely a “political stalemate.” It is unprecedented in postbellum American history, it is being caused by one faction of one party (and not by both parties equally), and, given what we know about the connection between lack of health insurance and premature death, roughly 10,000 American lives per year hang in the balance. For comparison, King notes, the events of 9/11 killed only 3,000 people but sparked a far more expensive and long-lasting response.

Journalists have let Obamacare opponents off the moral hook as well as the political one (it was approved by Congress, signed by the President, upheld in almost its entirety by the Supreme Court, and effectively ratified in 2012 by the re-election of the president and most of the Democratic congresscritters who supported it). It’s time journalists started asking the hard moral questions, too.

 

Tuesday, September 24, 2013 7:17 pm

Hypothesis testing, lynching-Robert-Benmosche edition

Filed under: Evil,I want my money back. — Lex @ 7:17 pm
Tags: ,

Never, ever underestimate the capacity of rich douchebags to be rich douchebags.

Today’s example is Robert Benmosche, who took over as CEO of insurance giant AIG (which has a subsidiary here in Greensboro) after 2008, when only about a billion metric assloads of taxpayer money kept AIG from going bankrupt. Here’s what The Wall Street Journal quotes him as saying:

The uproar over bonuses “was intended to stir public anger, to get everybody out there with their pitchforks and their hangman nooses, and all that — sort of like what we did in the Deep South [decades ago]. And I think it was just as bad and just as wrong.”

OK, let’s test that hypothesis. Our null hypothesis is that if we got out our hangman’s nooses and pitchforks and took Robert Benmosche out and bound him hand and foot and gave him a bilateral orchiectomy (which was a pretty common feature of lynchings in the Deep South) and then put the noose around Benmosche’s neck and hauled him up high enough to do the air dance (perhaps waiting until he was already dead to set him afire, or perhaps not), he would actually think that lynching was quite a bit worse than taking grief from ordinary taxpayers who are watching him stuff himself in a way that could only have been made possible with the money of said taxpayers, while their own incomes drop year after year after year.

Our alternative hypothesis, the one we’re testing here, the one that Benmosche is propounding, is that we’d do all these things to Benmosche and he would notice no difference. None. Both experiences would seem equally awful to him.

So, Robert, want to put your alternative hypothesis to the test? I’ll be happy to write up the results for an academic journal.

Now, some of you, probably white guys my age or older, are saying, c’mon, that’s not all that bad. I’m tired, so I’ll let Alex Pareene school you:

Aggrieved white men of America, here’s a little tip from your old pal “historical consciousness”: People being mean to you is not remotely equivalent to genocidal violence. You are not at any risk of ever facing anything close to an actual lynching. It is not effectively legal for people to murder you. If someone did murder you, the state would attempt to arrest and punish them. If you wouldn’t claim to be the victim of a “genocide,” don’t claim to be the victim of a lynch mob.

Words have meanings. The era of lynchings is one of the darkest points in American history. The Tuskegee Institute, one of a few organizations that attempted to count all documented American lynchings, lists 3,445 black victims of lynch mobs between 1882 and 1968. Almost 200 anti-lynching bills were introduced in Congress during those years. Three passed the House. None passed the Senate. Lynchings were effectively state-sanctioned and they continued happening well into the 20th century. The last known survivor of a lynching attempt only just died in 2006 — one month after Richard Cohen’s column about his mean emails.

To compare being the target of protest or criticism to the shameful, horrific, common practice of lynching — or to think you can append some idiotic modifier like “digital” and use the phrase to mean whatever you want — isn’t just ignorant. It cheapens the phrase, strips it of meaning, and dilutes the awfulness, and the appalling recentness, of a great generational crime against black Americans.

I’m in a bad mood, so if you try to argue with this, I might just delete the comment and block your ass.

Thursday, August 29, 2013 6:18 pm

Because you looked too damn secure for my taste, chemical explosions edition

Apparently the Dallas Morning News, bless it, is not dead yet:

Even the best national data on chemical accidents is wrong nine times out of 10.

Dallas Morning News analysis of more than 750,000 federal records found pervasive inaccuracies and holes in data on chemical accidents, such as the one in West that killed 15 people and injured more than 300.

In fact, no one at any level of government knows how often serious chemical accidents occur each year in the United States. And there is no plan in place for federal agencies to gather more accurate information.

As a result, the kind of data sharing ordered by President Barack Obama in response to West is unlikely to improve the government’s ability to answer even the most basic questions about chemical safety.

“We can track Gross National Product to the second and third decimal, but there is no reliable way of tracking even simple things like how many [chemical] accidents happen,” said Sam Mannan, a nationally recognized expert on chemical safety who recently testified before a congressional hearing on West.

“This is just scandalous.”

h/t Erik Loomis at Lawyers, Guns & Money, who adds, quite accurately:

Let’s be clear, this is intentional. Corporations don’t want you to know where things are produced or under what conditions. Business has ensured that the relevant government agencies that could effectively track this information remain chronically underfunded. We can blame government and there’s no question that it isn’t enough of a priority for either political party. But one party is opposed to the sheer existence of these agencies and that makes it awfully hard to craft an effective regulatory system.

To put it even more bluntly, the operators of these chemical plants don’t give two hoots in hell whether you live or die, because they don’t have to: If you die, your death is just a tax-deductible cost of doing business for them — if it costs them anything at all. And this degree of lethality will continue as long as corporations are allowed any say, direct or financial, in how we are governed. There’s a word for it, and all the Tea Partiers in the world to the contrary, that word is not “socialism.”

 

Friday, August 2, 2013 6:59 pm

Quote of the day, welfare-cuts edition

Filed under: Evil,I want my country back. — Lex @ 6:59 pm
Tags: , , ,

Steve Benen at the Maddow Blog, on  House GOP plans to double cuts in food stamps to $40 billion and impose new eligibility and drug-testing requirements for recipients:

If Ayn Rand were alive today, this is the sort of bill that would lead her to say, “Aren’t you guys overdoing it a bit?”

The original version of the bill would have cut $20 billion from food stamps, which is bad enough. But apparently the House GOP believes that poor people in America aren’t suffering enough, that they must endure even more pain. And then the whole drug-testing thing, which was actually tried in Florida and ended up costing more than it saved.

These people are psychopaths, and they must be stopped.

Thursday, August 1, 2013 6:32 pm

Why do I oppose a surveillance state? Must be the money.

Because arguing constitutional principles, righteous as they are, is getting us nowhere, we’ll have to argue financial principles. But maybe this argument will succeed where others have failed. James Fallows, prompted by an essay by John Naughton in the Guardian, explains:

In short: because of what the U.S. government assumed it could do with information it had the technological ability to intercept, American companies and American interests are sure to suffer in their efforts to shape and benefit from the Internet’s continued growth.

  • American companies, because no foreigners will believe these firms can guarantee security from U.S. government surveillance;
  • American interests, because the United States has gravely compromised its plausibility as world-wide administrator of the Internet’s standards and advocate for its open, above-politics goals.

Why were U.S. authorities in a position to get at so much of the world’s digital data in the first place? Because so many of the world’s customers have trusted* U.S.-based firms like Google, Yahoo, Apple, Amazon, Facebook, etc with their data; and because so many of the world’s nations have tolerated an info-infrastructure in which an outsized share of data flows at some point through U.S. systems. Those are the conditions of trust and toleration that likely will change.

The problem for the companies, it’s worth emphasizing, is not that they were so unduly eager to cooperate with U.S. government surveillance. Many seem to have done what they could to resist. The problem is what the U.S. government — first under Bush and Cheney, now under Obama and Biden – asked them to do. As long as they operate in U.S. territory and under U.S. laws, companies like Google or Facebook had no choice but to comply. But people around the world who have a choice about where to store their data, may understandably choose to avoid leaving it with companies subject to the way America now defines its security interests.

Other countries will refuse to do business with U.S. tech firms for the same reason they would if the U.S. were mixing corrosive chemicals in with its exported petroleum products: The product is tainted and will damage whoever/whatever uses it.

Monday, July 29, 2013 6:54 pm

Quote of the day, War on the Poor edition

Filed under: Evil — Lex @ 6:54 pm
Tags: , , ,

Chris Hedges at Truthdig:

The murder of a teenage boy by an armed vigilante, George Zimmerman, is only one crime set within a legal and penal system that has criminalized poverty. Poor people, especially those of color, are worth nothing to corporations and private contractors if they are on the street. In jails and prisons, however, they each can generate corporate revenues of $30,000 to $40,000 a year. This use of the bodies of the poor to make money for corporations fuels the system of neoslavery that defines our prison system.

(h/t: Fecund Stench)

Wednesday, July 10, 2013 8:49 pm

Quote of the Day, negotiating-with-terrorists edition

Greg Sargent in the WaPo:

It’s now become accepted as normal that Republicans will threaten explicitly to allow harm to the country to get what they want, and will allow untold numbers of Americans to be hurt rather than even enter into negotiations over the sort of compromises that lie at the heart of basic governing.

In other words, Republicans feel free to violate their oaths of office without consequence, and Democrats are too timid to make an issue of it, let alone campaign on it. And here I thought America didn’t negotiate with terrorists.

Monday, June 24, 2013 6:12 pm

“This is a uniquely bad time to buy a house.”

I’m not in the market, and if Mike Whitney’s reporting is accurate, you shouldn’t be, either:

… nearly 5 million homes are either seriously delinquent or in some stage of foreclosure. This unseen backlog of distressed homes makes up the so called “shadow inventory” which is still big enough to send prices plunging if even a small portion was released onto the market.   In other words, supply vastly exceeds demand in real terms. Now check this out from Zillow:

“13 million homeowners with a mortgage remain underwater. Moreover, the effective negative equity rate nationally —where the loan-to-value ratio is more than 80%, making it difficult for a homeowner to afford the down payment on another home — is 43.6% of homeowners with a mortgage.” (Zillow)

This might sound a bit confusing, but it’s crucial to understanding what’s really going on. While many people know that 13 million homeowners are underwater on their mortgages,  they probably don’t know that nearly half (43.6%) of the potential “move up” buyers (who represent the bulk of organic sales) don’t have enough equity in their homes to buy another house.  Think about that. Like we said,  housing sales depend almost entirely on two groups of buyers; firsttime homebuyers and move up buyers. Unfortunately, the number of potential move up buyers has been effectively cut in half.  It’s simply impossible for prices to keep rising with so many move up buyers on the ropes.

So, if “repeat” buyers cannot support current prices, then what about the other “demand cohort”,  that is, first-time home buyers?

It looks like demand is weak there, too. According to housing analyst Mark Hanson: “First-timer home volume hit a fresh 4-year lows last month and distressed sales 6-year lows”.

So, no help there either. First-time homebuyers are vanishing due to a number of factors, the biggest of which is the $1 trillion in student loans which is preventing debt-hobbled young people from filling the ranks of the first-time homebuyers. Given the onerous nature of these loans, which cannot be discharged through bankruptcy, many of these people will never own a home which, of course, means that demand will continue to weaken, sales will drop and prices will fall.

Now, despite these appalling numbers, he notes, foreclosures are down by a third from this time last year. Is it because the housing market is really any better? Nope. It’s because the fewer foreclosures the banks follow through on, the fewer losses they have to report, the more profitable they seem and the bigger the bonuses their executives can then claim. The technical term for this behavior is “securities fraud,” and it looks as if every major bank is involved to a greater or lesser degree.

But by all means, let’s reduce enforcement on banks and mortgage companies. Free markets! Murca, hail yeah! Who cares if millions of homeowners and would-be homeowners get hurt?

Next Page »

The Rubric Theme. Blog at WordPress.com.

Follow

Get every new post delivered to your Inbox.

Join 2,302 other followers

%d bloggers like this: