July 23, 2013 archive

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On This Day In History July 23

Cross posted from The Stars Hollow Gazette

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

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

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July 23 is the 204th day of the year (205th in leap years) in the Gregorian calendar. There are 161 days remaining until the end of the year.

THE GREAT COMET OF 1997. Above, the bright head of comet Hale-Bopp, called the coma, is pointed towards the Sun. The coma is composed of dust and gas, masking the solid nucleus of the comet made up of rock, dust and ice. Photo taken by Jim Young at NASA’s Jet Propulsion Laboratories Table Mountain Observatory in March 1997.

The comet was discovered in 1995 by two independent observers, Alan Hale and Thomas Bopp, both in the United States. Hale had spent many hundreds of hours searching for comets without success, and was tracking known comets from his driveway in New Mexico when he chanced upon Hale-Bopp just after midnight. The comet had an apparent magnitude of 10.5 and lay near the globular cluster M70 in the constellation of Sagittarius. Hale first established that there was no other deep-sky object  near M70, and then consulted a directory of known comets, finding that none were known to be in this area of the sky. Once he had established that the object was moving relative to the background stars, he emailed the Central Bureau for Astronomical Telegrams, the clearing house for astronomical discoveries.

Bopp did not own a telescope. He was out with friends near Stanfield, Arizona observing star clusters and galaxies when he chanced across the comet while at the eyepiece of his friend’s telescope. He realized he might have spotted something new when, like Hale, he checked his star maps to determine if any other deep-sky objects were known to be near M70, and found that there were none. He alerted the Central Bureau of Astronomical Telegrams through a Western Union telegram. Brian Marsden, who has run the bureau since 1968, laughed, “Nobody sends telegrams anymore. I mean, by the time that telegram got here, Alan Hale had already e-mailed us three times with updated coordinates.”

The following morning, it was confirmed that this was a new comet, and it was named Comet Hale-Bopp, with the designation C/1995 O1. The discovery was announced in International Astronomical Union circular 6187.

Muse in the Morning

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Muse in the Morning


Stir

The Good Bank

Chase, Once Considered "The Good Bank," Is About to Pay Another Massive Settlement

By Matt Taibbi, Rolling Stone

July 18, 12:20 PM ET

In the three-year period between 2009-2012, Chase paid out over $16 billion in litigation costs. Noted financial analyst Josh Rosner of Graham Fisher slammed Chase in a report earlier this year, pointing out that these settlements and legal costs represented a staggering 12% of Chase’s net revenue during this time. There couldn’t possibly be a clearer demonstration of the modern banking model, in which companies break rules/laws as a matter of course, and simply pay fines as a cost – a significant cost – of doing business.

For sheer curiosity’s sake, I thought I’d list, in capsule form, some of the capers Chase has been caught up in in recent years:

  • They were fined $153 million for the infamous “Magnetar” fund case, another scam in which a bank allowed a hedge fund to create a “born-to-lose” mortgage portfolio to bet against. Very similar to the Abacus case that’s at the heart of the ongoing “Fabulous Fab” trial;
  • Chase paid $228 million for its role in the egregious municipal bond bid-rigging case we wrote about in Rolling Stone in 2011;
  • Chase paid $297 million to the SEC last November for fraud involving mortgage-backed securities;
  • Chase paid $75 million in cash and generously agreed to forego $647 million in fines in the Jefferson County, Alabama mess, in which a small-town pol was bribed into green-lighting a series of deadly swap deals;
  • In two separate orders this spring, Chase was reprimanded by the OCC and the Fed for money-laundering behaviors similar to the infamous HSBC case, and also for regulatory failures and fraud in the London Whale episode. There was a separate FBI investigation into the London Whale probe in which they allegedly lied to customers and investors about the loss;
  • They’re under investigation for allegedly failing to disclose Bernie Madoff’s trading activities to authorities;
  • They were one of 13 banks asked to pay up in this year’s $9.3 billion robosigning settlement;
  • They were one of four banks last year to settle for a total of $394 million with the OCC for improper mortgage servicing practices;
  • They were ordered by the CFTC to pay $20 million last year for improper segregation of customer funds (this was part of the Lehman investigation). The CFTC also fined Chase $600,000 last year for violating position limits in the cotton markets;
  • Last year, Chase paid a $45 million settlement to the federal government for improperly racking up fees for veterans in mortgage refinancings. Hey, if you’re going to steal from everyone, you can’t leave out those veterans overseas!
  • In 2010, Chase paid $25 million to the state of Florida for selling unregistered bonds to a state-run municipal money-market fund;
  • The bank last year was convicted in Europe along with several other banks for fraudulent sales of derivatives to the city of Milan. A total of about $120 million was seized from Chase and three other banks.



There are some other civil actions left out, too, like the $110 million class-action settlement for improper charging of overdraft fees, or their part in the gigantic $6 billion settlement completed last year involving Visa, MasterCard and other credit card providers for manipulating card service rates. And states like California have only just begun crawling up Chase’s backside for its role in the lunatic filing of erroneous credit card collection lawsuits, a scam outed by whistleblower Linda Almonte.

Chase is turning into the Zelig of the corruption era.

Speaking of Credit Cards-

Chase Made Errors in Nine Percent of Credit-Card Collection Lawsuits, Internal Survey Finds

By Matt Taibbi, Rolling Stone

July 11, 12:05 PM ET

Thirteen states, as well as the Office of the Comptroller of the Currency, a primary banking regulator, are investigating Chase’s insanely sloppy practices in the area of credit-card collections. I’ve been following this for years thanks to an acquaintance with former Chase VP and whistleblower Linda Almonte, who saw horrific abuses firsthand (I have a chapter on Linda’s crazy experiences coming out in my next book).



I’m glad that the states are finally listening to Linda and that this news is starting to come out. The story is actually far worse than is being described in the papers. It involves allegations of a rather complicated scam tied to secondary sales of credit-card debt – it’s easier to sell credit card debt when a judgment has already been obtained, so it seems companies like Chase will go to great lengths, including mass robosigning and other abuses, to obtain judgments.

Chase is the headline target of these new investigations, but most analysts believe the same exact things go on at other banks and credit companies. Once the bigger state lawsuits gain momentum, we’re likely to find out, as we did in the foreclosure scandals, that faulty paperwork and perjured/robosigned affidavits pervade the entire consumer debt industry.

At Least Obama Now Honest About Trashing the Fourth Amendment

Cross posted from The Stars Hollow Gazette

On Thursday the White House was mum on whether they would seek renewal of the “secret” court order that allows the NSA to collect the phone records and e-mails of Americans without due process.

Officials declined to discuss what action they intend to take about the order at the center of the current surveillance scandal, which formally expires at 5pm Friday. [..]

On Thursday, the administration would not answer a question first posed by the Guardian six days ago about its intentions to continue, modify or discontinue the Verizon bulk-collection order. The White House referred queries to the Justice Department. “We have no announcement at this time,” said Justice Department spokesman Brian Fallon. The NSA and office of the Director of National Intelligence did not respond to questions.

At a hearing on Wednesday before the House Judiciary Committee, the top lawyer for the director of national intelligence, Robert S Litt, was asked by the chairman, Bob Goodlatte, if the administration thought if a surveillance program “of this magnitude … could be indefinitely kept secret from the American people?”

Litt answered, “well, we tried.”

Since the cat is out of the bag, so to speak, the White House decided on Friday to come clean that they would continue to violate the Fourth Amendment with impunity:

In an unprecedented move prompted by the Guardian’s disclosure in June of the NSA’s indiscriminate collection of Verizon metadata, the Office of the Director of National Intelligence (ODNI) has publicly revealed that the scheme has been extended yet again.

The statement does not mention Verizon by name, nor make clear how long the extension lasts for, but it is likely to span a further three months in line with previous routine orders from the secret Foreign Intelligence Surveillance Court (Fisa). [..]

The decision to go public with the latest Fisa court order is an indication of how the Obama administration has opened up the previously hidden world of mass communications surveillance, however slightly, since former NSA contractor Edward Snowden exposed the scheme to the Guardian.

Earlier on Friday, ODNI lawyer, Litt, told the Brookings Institute that the intelligence chiefs would consider NSA data collection changesbut continued defending the unconstitutional program:

“It is, however, not the only way that we could regulate intelligence collection,” Litt said. “We’re currently working to declassify more information about our activities to inform that discussion,” particularly concerning the bulk collection of Americans’ telephone records. [..]

“That could be a significant problem in a fast-moving investigation where speed and agility are critical, such as the plot to bomb the New York City subways in 2009,” Litt said.

But Litt also noted: “All of the metadata we get under this program is information that the telecommunications companies obtain and keep for their own business purposes.”

He acknowledged in the beginning of his speech: “There is an entirely understandable concern that the government may abuse this power.”

In response to a question about the legality of the program, Litt also suggested that congress could pass a law permitting the NSA to collect the records.

“You’d have to make sure that it enables the kind of flexibility and operational agility that we need to conduct the collection,” Litt said. “We don’t think a new statute is necessary. We think we have the authority. But obviously, if Congress thinks a new statute is appropriate for this, Congress can provide that.”

Brilliant, let’s pass another unconstitutional law. Way to go, Barack.

Edward R. Murrow: “Harvest of Shame”

Cross poster from The Stars Hollow Gazette

Watch Edward R. Murrow’s ‘Harvest of Shame’

by John Light, Moyers & Company

The people who harvest our fruits and vegetables are, today, among the country’s most marginalized. They earn well below the poverty line and spend a substantial portion of the year unemployed. They do not have the right to overtime pay or to collective bargaining with their employers. In some cases, workers have faced abuses that fall under modern-day slavery statutes. “The extreme is slavery,” observed Senator Bernie Sanders (I-Vt.), while visiting farm workers in Florida. “The norm is disaster.” [..]

In 1960, legendary broadcaster Edward R. Murrow and his producers Fred Friendly and David Lowe attempted to draw public attention to this state of affairs with the documentary Harvest of Shame. The film – an hour-long portrait of the “humans who harvest the food for the best-fed people in the world” – aired on CBS the day after Thanksgiving, 1960.

Don’t Hold Your Breath

Why is it that D.C. is six weeks behind the rest of the country?  Is it something in the water?

What I expect is a great flurry of inaction and word salad hoping that the issue will just quietly slink away with any actual change simply making things worse.

People need to be FIRED!  They need to be LOCKED UP!  They need to be so shamed and punished that they never again hold a position of responsibility in the government!

Mood shifting, Congress may move to limit NSA spying

By David Lightman, Kate Irby and Ben Kamisar, McClatchy

Friday, July 19, 2013

Skepticism has been slowly building since last month’s disclosures that the super-secret NSA conducted programs that collected Americans’ telephone data. Dozens of lawmakers are introducing measures to make those programs less secret, and there’s talk of denying funding and refusing to continue authority for the snooping.



Late Friday, the Foreign Intelligence Surveillance Court reauthorized collection of telephone and online data by the federal government, Director of National Intelligence James Clapper revealed. He said the administration was “undertaking a careful and thorough review of whether and to what extent additional information or documents pertaining to this program may be declassified, consistent with the protection of national security.”

“It is incredibly difficult, if not impossible, to have a full and frank discussion about this balance when the public is unable to review and analyze what the executive branch and the courts believe the law means,” said Sen. Jeff Merkley, D-Ore., who has asked the administration to make the opinions of the Foreign Intelligence Surveillance Court public.

Rep. Adam Schiff, D-Calif., is leading an effort along with Rep. Ted Poe, R-Texas, to have the court’s judges nominated by the president and confirmed by the Senate. Currently, the Supreme Court’s chief justice selects judges from those holding other federal district court judgeships.

Schiff also is pushing a measure, along with Rep. Todd Rokita, R-Ind., to require the attorney general to declassify significant Foreign Intelligence Surveillance Act opinions, and got a boost Friday from House Minority Leader Nancy Pelosi, D-Calif.



The concerns fall into two general categories: What exactly is the NSA doing, and how can its work be more open?

“They need to provide as much clarity as they possibly can so people know and have a familiarity with what’s happening, why that happens,” said James Lankford, R-Okla., chairman of the House Republican Policy Committee. He wanted “another round of information again and to be able to process that.”

The desire to know more sparked a sometimes fiery House Judiciary Committee hearing earlier this week with top administration officials.

Conyers, the committee’s top Democrat, noted that the Fourth Amendment protects Americans from unreasonable search and seizure. “You’ve already violated the law as far as I am concerned,” Conyers said.

The ire came from both parties. “The Star Chamber . . . in England started out . . . as very popular with the people. It allowed people to get justice that otherwise would not,” said Rep. Spencer Bachus, R-Ala., referring to a court that was abolished by Parliament in 1641 over its abuses of power. “But it evolved over time into a powerful weapon for political retribution by the king.”



“There’s no legitimate reason to keep this legal analysis from public interest any longer,” said Conyers. Judiciary Chairman Robert Goodlatte, R-Va., was sympathetic, saying, “I share his concern about some classified information that does not need to be classified.”

Blowback

Panama arrests ex-CIA station chief sought by Italy in rendition case

By Tim Johnson, McClatchy

Thursday, July 18, 2013

Robert Seldon Lady was the CIA station chief in Milan when Osama Moustafa Hassan Nasr was pulled from the streets of that city as part of an operation that Italian prosecutors later said involved 22 American agents, all of whom fled Italy shortly afterward.

Italy’s main news agency, ANSA, reported that Lady was detained in Panama and that Italian Justice Minister Anna Maria Cancellieri would have two months to formally request his extradition.



Italy’s top court of appeals in September confirmed a nine-year jail term for Lady in the extraordinary case, the first attempt by a foreign judiciary to prosecute U.S. officials for the controversial practice of extraordinary rendition – the practice of sending a person detained in one country to another country for questioning without requesting the approval of a court.



Nasr was snatched from Milan’s Via Guerzoni before noon Feb. 17, 2003, by two men who sprayed chemicals in his face and forced him into a white van. He turned up in an Egyptian prison, where he spent four years before his release. U.S. officials suspected him of recruiting radical Muslims in Italy for jihad in the Middle East, but he was never charged with a crime in Italy or Egypt.

Italian prosecutors said they proved that the van was part of a CIA scheme to round up Nasr, move him to an air base north of Venice and on to Ramstein Air Base in Germany, before delivering him to Egyptian interrogators.



If Lady now faces the threat of being returned to Italy, Nasr has fared little better. During his four years in an Egyptian jail, Nasr tried to commit suicide three times, his attorney told Knight-Ridder newspapers, which was later bought by The McClatchy Co., in 2006.

“He’s been exposed to torture ever since he was kidnapped in Italy,” attorney Montasser Zayat said then. “He said he was beaten even on the plane that took him to Germany before he was handed to Egypt.”

Lady has since been released and has flown back to the United States.  An INTERPOL Warrant for his arrest remains in force.

Germany backs away from claims NSA program thwarted five attacks

By Matthew Schofield, McClatchy

Thursday, July 18, 2013

(German Interior Minister Hans-Peter) Friedrich had made the assertion about the number of attacks that the NSA programs – which scoop up records from cellphone and Internet accounts – had helped to avert after a brief visit to the United States last week. But on Tuesday, he told a German parliamentary panel, “It is relatively difficult to count the number of terror attacks that didn’t occur.” And on Wednesday, he was publically referring to just two foiled attacks, at least one and possibly both of which appeared to have little to do with the NSA’s surveillance programs.



(O)pposition politicians and commentators now are talking about the arrogance of the U.S. application of “winner’s power” (a reference to the political authority the United States had here during the Cold War, when Germany was divided between east and west, and West Germany leaned heavily on America for support), and how traditionally strong relations between the two countries have been harmed by the scandal.



Perhaps most troubling was how quickly the government backed down on the claims that the surveillance helped foil terror plots. Gisela Piltz, a Liberal Party member of the Bundestag intelligence committee, said she could not give exact details of what took place in the secret hearing but noted: “There was a clear discrepancy between the previously reported number of foiled terror attacks and the number we talked about.”



Piltz said that while terrorism is a real threat, the U.S. monitoring programs have done little to prevent it.

“Germans are not safer because of U.S. espionage,” Piltz said. “It is true Germany has been lucky not to have suffered a terror attack, but there has to be a balance. We cannot sacrifice freedom for security, and when in doubt I would always opt for freedom.”