Tag: TMC Politics

Killing SOPA & PIPA

Cross posted from The Stars Hollow Gazette

This is one of the few times that you will hear me advocate for the death penalty but we need to kill SOPA (Stop Online Piracy Act) and PIPA (Protect Intellectual Property Act). Our friend Gaius Publius at AMERICAblog has a list of companies, organization and wayward Democrats who have supported these Internet killing bills. There is still time for us to get the message to them that we are not pleased and what happened to Go-Daddy can happen to them.

I have already communicated to Sen Gillibrand that so long as she supports either bill, she would not be getting any contributions from me or my family members.

Here is GP’s list of companies:

   Estée Lauder Companies: (212) 572-4200

   Fraternal Order of Police (FOP)

   Go Daddy: (480) 505-8800

   International Brotherhood of Electrical Workers (IBEW): (202) 833-7000

   International Brotherhood of Teamsters

   International Union of Police Associations

   L’Oreal: (212) 818-1500

   Major League Baseball

   Marvel Entertainment: (212) 576-4000

   MasterCard Worldwide: (800) 622-7747

   Minor League Baseball (MiLB)

   National Center for Victims of Crime

   National Crime Justice Association

   National District Attorneys Association: (703) 549-9222

   National Domestic Preparedness Coalition

   National Football League

   National Governors Association, Economic Development and Commerce Committee

   National League of Cities

   National Narcotics Offers’ Associations’ Coalition

   National Sheriffs’ Association (NSA)

   Revlon

   The United States Conference of Mayors: [email protected]

   Tiffany & Co.

   A lot of these folks have IP “content” – the NFL, for example – but also fan vulnerability.

   And what about the unions (IBEW, Fraternal Order of Police)? Also, why do organizations like the Sheriff’s Association care about IP law? A little something extra in the retirement-fund Christmas basket? Or maybe groups like these just haven’t heard from the rest of us.

   Given who’s on this list, I’m kind of waiting for the Catholic Bishops to weigh in.

Also these are the so called “progressive” Democratic Senators who have a foolishly co-sponsored the bills:

   Sherrod Brown [OH] – (202) 224-2315

   Al Franken [D-MN] – (202) 224-5641

   Kirsten Gillibrand [D-NY] – (202) 224-4451

   Amy Klobuchar [D-MN] – (202) 224-3244

   Sheldon Whitehouse [D-RI] – (202) 224-2921

Pick a few of your favorites and send them a message. Be polite. 😉

Did They? Or Didn’t They?

Cross posted from The Stars Hollow Gazette

Saturday evening I received an e-mail from Stratfor, a security think tank based in Texas, that their web site had been hacked by “an unauthorized party” and they had shut down their servers and e-mail while the incident was under investigation by law enforcement. (Yes, I have an account.) The news of the breach hit the front page of the New York Times on Christmas morning:

On Saturday, hackers who say they are members of the collective known as Anonymous claimed responsibility for crashing the Web site of the group, Stratfor Global Intelligence Service, and pilfering its client list, e-mails and credit card information in an operation they say is intended to steal $1 million for donations to charity. The hackers posted a list online that they say contains Stratfor’s confidential client list as well as credit card details, passwords and home addresses for some 4,000 Stratfor clients. The hackers also said they had details for more than 90,000 credit card accounts. Among the organizations listed as Stratfor clients: Bank of America, the Defense Department, Doctors Without Borders, Lockheed Martin, Los Alamos National Laboratory and the United Nations.

The group Lulz Security (LulzSec), a hacking group loosely affiliated with Anonymous, has taken responsibility for the attack. LulzSec, which derives its name from the neologism “LOL, may have been involved in a previous attack against the security firm HBGary. One of its founders, Sabu, seems to act as its leader and decides what targets to attack next and who could participate in these attacks. However, the media has continued to give credit to Anonymous. Anonymous released a statement denying that they are responsible:

“The Stratfor hack is not the work of Anonymous. Stratfor is an open source intelligence agency, publishing daily reports on data collected from the open Internet. Hackers claiming to be Anonymous have distorted this truth in order to further their hidden agenda, and some Anons have taken the bait,” the group claimed in an online communiqué.

“The leaked client list represents subscribers to a daily publication which is the primary service of Stratfor. Stratfor analysts are widely considered to be extremely unbiased. Anonymous does not attack media sources.”



According to Anonymous, Stratfor has been deliberately misrepresented by “these so-called Anons” and portrayed in false light as a company which engages in activity similar to HBGary. 



“Sabu and his crew are nothing more than opportunistic attention whores who are possibly agent provocateurs… As a media source, Stratfor’s work is protected by the freedom of press, a principle which Anonymous values greatly. This hack is most definitely not the work of Anonymous,” the group added.

Since disarray and disagreement within groups and organizations these days seems to be the trend, re: Republicans and Democrats, why should Anonymous be any different? LOL

The Sham Of Foreclosure Relief

Cross posted from The Stars Hollow Gazette

The Obama administration under the guise of trying to look like they are helping the 99% with the massive problem of the housing collapse, the banks are still let off the hook for fraud. It is crystal clear that the financial good old boys are being protected by this administration.

Foreclosure Relief? Don’t Hold Your Breath

by Gretchen Morgenson

So many were skeptical when the Office of the Comptroller of the Currency announced yet another program in April. This one was intended to provide reparations to homeowners who’d been hurt financially by foreclosure abuses at banks.

As the details trickle out, the program looks like more of the disappointing same. “This is just the next program that’s getting people’s hopes up,” said Alys Cohen, staff attorney at the National Consumer Law Center in Washington. “Not only will it not help people, it could easily harm them.”

The program arose out of a regulatory review in late 2010 of loan servicing practices at the nation’s largest banks. The review followed the robo-signing scandal that erupted after consumer lawyers – not regulators, mind you – identified numerous apparent forgeries and other improper foreclosure documents filed with courts by banks and their representatives. [..]

Some of the problems were aired at a Senate subcommittee hearing on Dec. 13. Three Democrats – Robert Menendez of New Jersey, Jeff Merkley of Oregon and Jack Reed of Rhode Island – expressed doubts about the program to Julie L. Williams, chief counsel at the comptroller’s office. The senators were especially vocal about the potential for conflicts of interest among the consultants hired to conduct the reviews. [..]

Michael Olenick, a specialist in mortgage research, said he spotted a conflicted consultant after one hour of digging. Allonhill, a smallish firm appointed by Aurora Bank, a mortgage servicer, is headed by Sue Allon, whose previous small firm acted as credit risk manager in a 2003 mortgage pool for which Aurora oversaw the loans’ servicing. The prospectus on that deal noted that Murrayhill, Ms. Allon’s former firm, would “monitor and advise the servicers with respect to default management of the mortgage loans.” It also said that Murrayhill would make recommendations to the servicers regarding delinquent loans.

Now, under the comptroller office’s program, Ms. Allon’s firm may be analyzing the treatment of borrowers on whose loans it acted as credit risk manager. “This conflict is so deep and so obvious, how could anybody have missed it?” Mr. Olenick asked.

What is even more troublesome is that, as Yves Smith at naked capitalism emphasizes, homeowners are required to give up rights that may be needed to protect themselves in the future:

This is yet another Obama Administration “pretend we are helping ordinary citizens when we are in fact helping the banks” scheme. The most damning tidbit comes late in the article, that borrowers may (I’d assume will) be asked to sign releases that are far broader than the matters under examination. In other words, to get whatever relief the OCC provides, borrowers may unwittingly give up rights worth far more:

   For example, participants in line to get remuneration may be asked to give up their rights to defend themselves if they get into financial trouble again.

   “This process is not meant to fix the original lending practices, so people need to hang on to their right to challenge the original loan later,” she [Cohen] said.

And after all that, the homeowner could still lose their home. This didn’t surprise Alys Cohen who said, “This is the O.C.C . that we’re talking about, [,,] It has a long record of favoring banks over homeowners.”  

Holiday Shopping Insanity & The Real Economy

Cross posted from The Stars Hollow Gazette

I long ago stopped with the Holiday shopping and spending madness that now starts in September. I can’t remember the last time I set foot in a store the day after Thanksgiving. There isn’t anything that my family needs that badly that I would subject myself to obsessed drivers vying for the parking spot closest to the doors if over crowded shopping centers. Or to the rudeness of shoppers, young and old, who will do just about anything from pepper spraying you to walking over your dead body to get to one of the 24 pairs of Nike Air Jordan’s on the shelf, or some other heavily discounted item, that they have waited countless hours for with a thousand other shoppers.

This isn’t just shoppers behaving badly, this is pure insanity driven by greed.

Despite the all this spending frenzy, the economic outlook for retailers isn’t all the booming:

Half off at the entire store at Ann Taylor. Sixty percent at Gap. Forty percent off almost everything at Abercrombie & Fitch.

Aggressive last-minute deals in the days before Christmas are good for procrastinators, but they could be an alarm bell for the retail industry.

While scattered markdowns are standard every year, discounts across entire stores – which analysts say are more widespread than last year – suggest merchants are stuck with too much merchandise.

“It’s really a game of chicken,” said David Bassuk, managing director and head of the retail practice at the consultant firm AlixPartners.

Many retailers entered the season “with pretty optimistic plans” that shoppers would rush into stores and pay full price, Mr. Bassuk said. But that did not pan out, and the final days before Christmas have retailers being “much more aggressive in terms of promotions being offered,” he said.

Shoppers are filling their holiday lists against the backdrop of an uncertain year, with stubbornly high unemployment, increased food prices, volatile gas prices and unpredictability for stocks and Europe’s debt crisis. The government on Thursday said that third-quarter economic growth had not been as brisk as it previously estimated, because of a drop in consumer spending on services like health care.

The American worker is taking home less, if he’s even lucky enough to still have a job, with the real unemployment rate is 11%. The big deal in the news today is the House Republicans caved to demands for a two month extension of the payroll tax cut and unemployment benefits that will have to hashed out again when Congress comes back from their extended Winter vacation then end of January.  

Investigating Fannie & Freddie But Not The Banks

Cross posted from The Stars Hollow Gazette

Another slap on the wrist by the government for the banks that caused the housing bubble and the crash that sank the economy world wide with unregulated derivatives and credit default swaps:

DoJ Settles – Again – With Countrywide on Fair Lending Claim

by David Dayen

The Department of Justice has announced a $335 million settlement with Countrywide, the former subprime mortgage giant now subsumed into Bank of America, on claims of housing discrimination.

   The Justice Department on Wednesday announced the largest residential fair-lending settlement in history, saying that Bank of America had agreed to pay $335 million to settle allegations that its Countrywide Financial unit discriminated against black and Hispanic borrowers during the housing boom.

   A department investigation concluded that Countrywide had charged higher fees and rates to more than 200,000 minority borrowers across the country than to white borrowers who posed the same credit risk. It also steered more than 10,000 minority borrowers into costly subprime mortgages when white borrowers with similar credit profiles received prime loans, the department said.

   The pattern and practice covered the years 2004 to 2008, before Countrywide was acquired by Bank of America.

   “The department’s actions against Countrywide makes clear that we will not hesitate to hold financial institutions accountable, including one of the nation’s largest, for discrimination,” Attorney General Eric H. Holder Jr. said. “These institutions should make judgments based on applicants’ creditworthiness, not on the color of their skin.”

I’m waiting for someone to hold financial institutions accountable for discrimination against every one of its customers, by defrauding them and destroying the residential home mortgage market. That’s obviously not going to happen here.[..]

Here’s the settlement agreement, and once again you see that Countrywide doesn’t have to admit wrongdoing for their crimes.

But the Department of Justice and the Securities and Exchange Commission will enthusiastically pursue the one agency that didn’t cause the crash but just inherited it, at tax payers expense:

FBI Now Investigating Fannie Mae and Freddie Mac

by David Dayen

The walls have closed in over the past couple weeks on mortgage giants Fannie Mae and Freddie Mac. The SEC charged former CEOs and executives at the companies with fraud. California Attorney General Kamala Harris sued them for imformation (sic)in a wide-ranging fraud investigation. And now we learn that the FBI is investigating them[..]

If Fannie and Freddie are guilty of misleading investors, they deserve to pay the penalty. And yet, I do sense more enthusiasm to go after these government sponsored enterprises than to go after the private banking firms which were far more responsible for subprime. This feeds a false narrative that government somehow caused the financial crisis by forcing lending to poor people. Fannie and Freddie followed the market in subprime and did not originate it.

Yes, We Can: The Case for Indefinite Detention & Rendition

Cross posted from The Stars Hollow Gazette

Twist as the president’s supporters might with the “look over here” tactic, the National Defense Authorization Bill (NDAA) does not change any existing law that Barack Obama has interpreted to mean he has the power to throw your sorry butt in prison anywhere in the world for as long as he chooses. Or he can just declare you a terrorist without providing evidence and have you executed without due process. Ignoring the Authorization to Use Military Force (AUMF) that was recently renewed giving the president the authority to send in the military to fight that ubiquitous enemy “terror”, the Obama loyalists, keep pointing to section 1022 of the NDAA, the section that makes military detention presumptive for non-citizens but doesn’t foreclose military detention of US citizens, while completely ignoring section 1021, the section that affirms the President’s authority to indefinitely detain people generally. As Marcy Wheeler at emptywheel points out while the NDAA does not authorize indefinite detention for American citizens, it does not foreclose the possibility either:

The NDAA doesn’t do anything to exempt Americans from indefinite detention. And the reason it doesn’t-at least according to the unrebutted claims of Carl Levin that I reported on over a month ago-is because the Administration asked the Senate Armed Services Committee to take out language that would have specifically exempted Americans from indefinite detention.

   The initial bill reported by the committee included language expressly precluding “the detention of citizens or lawful resident aliens of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.”  The Administration asked that this language be removed from the bill. [my emphasis]

So the effect is that (as Lawfare describes in detail) the bill remains unclear about whether Americans can be detained indefinitely and so we’re left arguing about what the law is until such time as a plaintiff gets beyond the Executive Branch’s state secrets invocations to actually decide the issue in court.

Nor did the amendment from Sen. Diane Feinstein clarify that point either, in fact, she may have codified it. So the only recourse is for some poor fool to have his civil liberties abrogated and try to fight in court without being allowed access to lawyers or courts. Those are some hurdles. Scott Horton, contributing editor at Harper’s magazine and New York attorney known for his work in human rights law and the law of armed conflict, discussed this with Keith Olbermann:

Constitutional expert and George Washington University law professor, Jonathan Turley, appeared on C-Span with his take on this discussion. He made it very clear that Obama says that he can assassinate American citizens living on U.S. soil:

(starting at 15:50):

President Obama has just stated a policy that he can have any American citizen killed without any charge, without any review, except his own. If he’s satisfied that you are a terrorist, he says that he can kill you anywhere in the world including in the United States.

Two of his aides just … reaffirmed they believe that American citizens can be killed on the order of the President anywhere including the United States.

You’ve now got a president who says that he can kill you on his own discretion. He can jail you indefinitely on his own discretion [..]

I don’t think the the Framers ever anticipated that [the American people would be so apathetic]. They assumed that people would hold their liberties close, and that they wouldn’t relax …

h/t Washington’s Blog

How quickly the president’s defenders forget Anwar al-Awlaki. Marcy points to the contortions of the law that Obama used to justify his assassination and then issued a “secret memorandum” which was conveniently “leaked” to New York Times reporter Charles Savage:

And, as Charlie Savage has reported, the legal justification the Administration invented for killing an American citizen in a premeditated drone strike consists of largely the same legal justification at issue in the NDAA detainee provisions.

           

  • The 2001 AUMF, which purportedly defined who our enemies are (though the NDAA more logically includes AQAP in its scope than the 2001 AUMF)
  •            

  • Hamdi, which held the President could hold an American citizen in military detention under the 2001 AUMF
  •            

  • Ex Parte Quirin, which held that an American citizen who had joined the enemy’s forces could be tried in a military commission
  •            

  • Scott v. Harris (and Tennesee v. Garner), which held that authorities could use deadly force in the course of attempting to detain American citizens if that person posed an imminent threat of injury or death to others
  •    In other words, Obama relied on substantially the same legal argument supporters of the NDAA detainee provisions made to argue that indefinite detention of American citizens was legal, with the addition of Scott v. Harris to turn the use of deadly force into an unfortunate side-effect of attempted detention.

    There is no question that the Obama administration, by signing the NDAA, believes that it has the broad power to indefinitely detain and assassinate American citizens and guarantees that the next president will too.

    The late George Carlin said it several years ago, “this country is circling the drain“.  

    The Spiral Dance To The Bottom

    Cross posted from The Stars Hollow Gazette

    Round and round, downward, repeating the same mistakes, shoveling good money after bad, all to save themselves.

    ECB lends Europe’s banks a massive €489 billion over unprecedented 3-year period

    FRANKFURT, Germany – The European Central Bank flipped its credit tap wide open Wednesday to help Europe’s troubled banking system, allowing hundreds of nervous banks to take out a record €489 billion ($639 billion) in loans.

    The move was the biggest ECB infusion of credit into the banking system in the 13-year history of the shared euro currency. It aimed to keep the Europe’s debt crisis from choking off credit to businesses – since a credit crunch could cause a continent-wide recession that would make the debt loads hanging over the 17 nations that use the euro even harder to pay.[..]

    Although the ECB credits can help banks and the economy get through the crisis, they don’t attack the cause of Europe’s problems – too-large amounts of government debt – or convince markets that European governments can get a grip on their public finances. And it doesn’t remove one of the main reasons why banks remain wary of lending to each other – their thin levels of capital reserves against potential losses.

    All that means despite the massive influx of cash, Europe’s debt crisis will still be churning in the New Year.

    Spain awaits a painful dose of medicine

    It was an election victory the polls had predicted. Second guessing what policies Mariano Rajoy will pursue has not been so easy. Behind his centre right party is a huge parliamentary majority, ahead of him what seems to be a contagious European disease, debt.

    Healing the Spanish economy teetering on the edge of recession will be painful, where, when and how will the medicine be administered?

    He has promised deep spending cuts announcing he aims to cut the budget deficit by 16.5 billion euros in 2012 and yet such action needs to be balanced against measures to stimulate growth.

    Successful Spanish Debt Auction

    PARIS – Spain’s borrowing costs plummeted Tuesday at a debt auction, helping to lift the euro and stocks, as the European Central Bank began rolling out a new lending program that could encourage banks to buy euro-zone government bonds. [..]

    The central bank’s policy move “is something very big,” Mr. Fransolet said, but he questioned whether it represented “a complete change of direction” for the euro zone.

    “I think you need a lot of other things,” he said. With a huge round of government debt up for refinancing next year, he added, “The jury is still out.”

    In a reminder of the sword hanging over the heads of European leaders, Fitch Ratings warned that the AAA rating it has assigned to the debt issued by the euro-zone bailout vehicle, the European Financial Stability Facility, “largely depends on France and Germany retaining their AAA status.”

    Italian economy shrinks by 0.2% fuelling recession fear

    Italy’s economy shrank by 0.2% in the three months to the end of September, fuelling fears of a recession in the eurozone giant.

    The figures, released by the country’s official statistical agency, Istat, show the first contraction in the Italian economy since 2009.

    Italy’s government has predicted the economy will contract by 0.4% in 2012.

    Earlier this month, the government announced an austerity plan to “save Italy”.

    The package of emergency austerity measures included raising taxes on the assets of the wealthy, increasing pension ages, and a major drive to tackle tax evasion. Italian Prime Minister Mario Monti also said he would give up his own salary as part of the effort.

    However, analysts expect Italy’s economy will struggle for some time yet.

    Moody’s gives UK high scores but warns of ‘challenges’

    Ratings agency Moody’s has given the UK high scores for economic governance but warns the country it faces “formidable and rising challenges”.

    In its annual guidance for investors, Moody’s says the UK has “significant structural strengths” and deserves its top AAA rating.

    But it says weakness in the eurozone could hold back growth and weaken the government’s debt-cutting plans.

    Rating agency opinion affects the cost of borrowing.

    This is only because England has a sovereign currency

    On the other side of the globe from Herr Prof.Krugman:

    I’ve been reluctant to weigh in on the Chinese situation, in part because it’s so hard to know what’s really happening. All economic statistics are best seen as a peculiarly boring form of science fiction, but China’s numbers are more fictional than most. I’d turn to real China experts for guidance, but no two experts seem to be telling the same story.

    Still, even the official data are troubling – and recent news is sufficiently dramatic to ring alarm bells.

    The most striking thing about the Chinese economy over the past decade was the way household consumption, although rising, lagged behind overall growth. At this point consumer spending is only about 35 percent of G.D.P., about half the level in the United States.

    So who’s buying the goods and services China produces? Part of the answer is, well, we are: as the consumer share of the economy declined, China increasingly relied on trade surpluses to keep manufacturing afloat. But the bigger story from China’s point of view is investment spending, which has soared to almost half of G.D.P.

    Newt Is Nuts

    Cross posted from The Stars Hollow Gazette

    Who knew? Presidential candidate for the GOP nomination, Newt Gingrich is like the family’s crazy uncle that gets let out for family gatherings and then gets sent back to is room. His recent emergence as the “favorite” for the nomination has met with some harsh criticism and not just from the left. Many of the right wing punditry are not happy with Newt Gingrich’s surge in the polls for the nomination. During Newt’s interview on Face The Nation with Bob Schieffer, he said he would have “activist judges” (translation: judges who disagree with Newt) hauled before Congress to answer for their decisions, if necessary arresting them:

       SCHIEFFER: One of the things you say is that if you don’t like what a court has done, that Congress should subpoena the judge and bring him before Congress and hold a Congressional hearing… how would you enforce that? Would you send the Capitol Police down to arrest him?

       GINGRICH: Sure. If you had to. Or you’d instruct the Justice Department to send a U.S. Marshal.

    I have no idea how Schieffer didn’t react with disbelieving “what?” much like Barbara Walters’ response when Herman Cain said he would want to be Secretary of Defense.

    Obviously Newt is off the rails and a couple of former Republican Attorney Generals with some questionable constitutional decisions under their belts think so, too. Former attorney generals Alberto Gonzalez and Michael Mukasey, also a former judge, weighed in on Newt’s judicial lunacy to defy the Supreme Court and, if necessary according to Newt, eliminate the courts that disagree with him all together. In appearances on Fox News they called Newt’s ideas “ridiculous,” “irresponsible,” “outrageous,” and “dangerous”:

       KELLY: He wants to see the Ninth Circuit Court of Appeals entirely abolished, your thoughts on that?

       MUKASEY: Ridiculous. . . . to say that you’re going to undo and entire court simply because you don’t like some of their decisions, when there are thousands of cases before that court, is totally irresponsible. It’s outrageous because it essentially does away with the notion that when courts decide cases the proper way to have them reviewed is to go to a higher court. It’s dangerous because, even from the standpoint of the people who put it forward, you have no guarantee that you’ll have a permanent majority. . . . It would end with having a Democratic majority that then decides to abolish the Fourth Circuit and the Eleventh Circuit. And you go on and on and on. And I guess they could then reconstitute another court. It would reduce the entire judicial system to a spectacle.

    Former Attorney General Alberto Gonzales had a similar reaction:

       GONZALES: The notion or the specter of bringing judges before the Congress, like a schoolchild being brought before the principal is, to me, a little bit troubling . . . . I cannot support and I would not support efforts that appear to be intimidation or retaliation against judges.

    Keep in mind that these two men, supported some if the most unconstitutionally egregious of George W. Bush’s policies, including torture.

    But poor Newt, he’s even slipping in the polls. According to Public Policy Polling, Rep. Ron Paul has now taken the lead in Iowa:

    Newt Gingrich’s campaign is rapidly imploding, and Ron Paul has now taken the lead in Iowa.  He’s at 23% to 20% for Mitt Romney, 14% for Gingrich, 10% each for Rick Santorum, Michele Bachmann, and Rick Perry, 4% for Jon Huntsman, and 2% for Gary Johnson.

    Gingrich has now seen a big drop in his Iowa standing two weeks in a row.  His share of the vote has gone from 27% to 22% to 14%.  And there’s been a large drop in his personal favorability numbers as well from +31 (62/31) to +12 (52/40) to now -1 (46/47). Negative ads over the last few weeks have really chipped away at Gingrich’s image as being a strong conservative, now only 36% of voters believe that he has ‘strong principles,’ while 43% think he does not.

    Paul’s ascendancy is a sign that perhaps campaigns do matter at least a little, in a year where there has been a lot of discussion about whether they still do in Iowa.  22% of voters think he’s run the best campaign in the state compared to only 8% for Gingrich and 5% for Romney. The only other candidate to hit double digits on that question is Bachmann at 19%. Paul also leads Romney 26-5 (with Gingrich at 13%) with the 22% of voters who say it’s ‘very important’ that a candidate spends a lot of time in Iowa.  Finally Paul leads Romney 29-19 among the 26% of likely voters who have seen one of the candidates in person.

    Iowa is no predictor of who will get the nomination and the caucuses are an undemocratic form of voting with no absentee ballots and very low voter turn out but Iowa is a predictor for early primary states. However, the recent harsh criticism from right wing politicians and pundits may keep Newt out of the Oval Office. Poor crazy Newt. Back to your room.

    Senate Will Consider The NDAA Today: Up Dated

    Cross posted from The Stars Hollow Gazette

    They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. ~ Benjamin Franklin

    Up Date: The Senate voted for final passage for the NDAA conference report (H.R. 1540). The vote was overwhelming: 86-to-13. It now goes to President Obama for his signature.

    President Obama has not yet signed the NDAA. It is not to late to tell him to veto this bill which will have a devastating effect on civil liberties and give unprecedented powers to the military and the Executive Branch. Send Obama a strong message sign the petition and send a letter:

    President Obama: Veto the National Defense Authorization Act!

    VETO the National Defense Authorization Act

    This House passed the revised National Defense Authorization Act 283 – 136 with 93 Democrats and 43 Republicans voting against the bill. The Senate is scheduled to take up the bill later today. It inevitably pass with an overwhelming majority and be sent to President Obama to sign. Since the White has stated that they are satisfied with the minor changes, Obama will sign the bill which, as Human Rights Watch said in a press release, “a historic tragedy for rights:

    (Washington, DC, December 14, 2011) – US President Barack Obama’s apparent decision to not veto a defense spending bill that codifies indefinite detention without trial into US law and expands the military’s role in holding terrorism suspects does enormous damage to the rule of law both in the US and abroad, Human Rights Watch said today. The Obama administration had threatened to veto the bill, the 2012 National Defense Authorization Act (NDAA), over detainee provisions, but on December 14, 2011, it issued a statement indicating the president would likely sign the legislation.

    “By signing this defense spending bill, President Obama will go down in history as the president who enshrined indefinite detention without trial in US law,” said Kenneth Roth, executive director of Human Rights Watch. “In the past, Obama has lauded the importance of being on the right side of history, but today he is definitely on the wrong side.”

    The far-reaching detainee provisions would codify indefinite detention without trial into US law for the first time since the McCarthy era when Congress in 1950 overrode the veto of then-President Harry Truman and passed the Internal Security Act. The bill would also bar the transfer of detainees currently held at Guantanamo into the US for any reason, including for trial. In addition, it would extend restrictions, imposed last year, on the transfer of detainees from Guantanamo to home or third countries – even those cleared for release by the administration.

    (emphasis mine)

    Glenn Greenwald at Salon wrote in his article this morning that there are “several persistent myths that circulating about this bill and President Obama’s position on it that need to be clarified once and for all:

  • First, while the powers this bill enshrines are indeed radical and dangerous, most of them already exist. That’s because first the Bush administration and now the Obama administration have aggressively argued that the original 2001 AUMF already empowers them to imprison people without charges, use force against even U.S. citizens without due process (Anwar Awlaki), and target not only members of Al Qaeda and the Taliban (as the law states) but also anyone who “substantially supports” those groups and/or “associated forces” (whatever those terms mean). [..]

    With a couple of exceptions, this bill just “clarifies” – and codifies – the powers President Obama has already claimed, seized and exercised. [..]

    This is the reason why civil libertarians have been so harshly critical of this President. It’s the reason civil liberties groups have been saying things like this even when saying them was so unpopular: it’s because Obama has, for three years now, been defending and entrenching exactly the detention powers this law vests, but doing it through radical legal theories, warped interprations (sic) of the 2001 AUMF, continuities with the Bush/Cheney template, and devotion to Endless War and the civil liberties assults (sic) it entails.

  • Second, as I documented at length last week, Obama’s veto threat was never about substantive objections to the detention powers vested by this bill; put another way, he was never objecting to the bill on civil liberties grounds. Obama, as I documented last week and again below, is not an opponent of indefinite detention; he’s a vigorous proponent of it, as evidenced by his contiuous (sic), multi-faceted embrace of that policy.

    Obama’s objections to this bill had nothing to do with civil liberties, due process or the Constitution. It had everything to do with Executive power. The White House’s complaint was that Congress had no business tying the hands of the President when deciding who should go into military detention, who should be denied a trial, which agencies should interrogate suspects (the FBI or the CIA). Such decisions, insisted the White House (pdf), are for the President, not Congress, to make. In other words, his veto threat was not grounded in the premise that indefinite military detention is wrong; it was grounded in the premise that it should be the President who decides who goes into military detention and why, not Congress.

  • Third, the most persistent and propagandistic set of myths about President Obama on detention issues is that he tried to end indefinite detention by closing Guantanamo, but was blocked by Congress from doing so. It is true that Congress blocked the closing of Guantanamo, and again in this bill, Congress is imposing virtually insurmountable restrictions on the transfer of detainees out of that camp, including for detainees who have long ago been cleared for release (restrictions that Obama is now going to sign into law). But – and this is not a hard point to understand – while Obama intended to close Guantanamo, he always planned – long before Congress acted – to preserve Guantanamo’s core injustice: indefinite detention.

    I need to say that again: long before, and fully independent of, anything Congress did, President Obama made clear that he was going to preserve the indefinite detention system at Guantanamo even once he closed the camp. That’s what makes the apologias over Obama and GITMO so misleading: the controversy over Guantanamo was not that about its locale – that it was based in the Carribean (sic) Ocean – so that simply closing it and then  re-locating it to a different venue would address the problem. The controversy over Guantanamo was that it was a prison camp where people were put in cages indefinitely, for decades or life, without being charged with any crime. And that policy is one that President Obama whole-heartedly embraced from the start.

  • All the evidence is that debunks the myth that Obama is concerned about the Constitution are there in Glen’s article.

    Ironically today 220 years ago in 1791, Virginia became the last state to ratify the Bill of Rights. If the Senate passes this horrendous assault on our civil liberties, most of that historic document will be undermined. I don’t believe this that is what our Founding Fathers intended.

    Slow, Steady Calls For Investigating Foreclosure Fraud

    Cross posted from The Stars Hollow Gazette

    Some encouraging news in the on going call for an investigation into foreclosure fraud, Sen Maria Cantwell (D-WA) called for Attorney General Eric Holder to investigate the fraud before letting the bank off with a pitiful settlement $20 billion and a “get out of jail” card for criminal charges, She also demanded a full investigation into robo-signing scandal and ‘pump and dump’ mortgage bubble scheme:

    I am concerned that recently reported settlement proposals will effectively absolve these financial institutions of substantial civil and criminal liability in one of the largest alleged fraud schemes during the financial crisis. Specifically, I am concerned that the proposed settlement includes a release from liability that may be far too sweeping, does not adequately compensate victims, does not require enough of banks to reform the system that led to the crisis in the first place, and is being made before all the facts are known and without the backing of a full inquiry into the size and scope of the alleged fraud.



    Without a thorough investigation, it is impossible to truly estimate just how pervasive the defects in the foreclosure and securitization process are. Continued reports of wrongful foreclosures, forged documents, and an inability of servicers and banks to prove chain of title and the legal right to foreclosure, raises the very alarming possibility that these defects were endemic to the mortgage servicing industry across the country. The sheer magnitude of the potential fallout from these defects demands that we undertake a full investigation to uncover the true scope of wrongdoing before providing blanket immunity to the perpetrators.

    I am also concerned that reports of a settlement in the range of $20 billion, as recently reported, may not adequately compensate the victims of the foreclosure crisis. As a result of the pump-and-dump scheme perpetrated by the nation’s largest banks that inflated – and burst – the housing bubble, an estimated 14 million Americans are underwater, owing $700 billion more on their homes than those homes are worth. A $20 billion settlement is woefully inadequate to compensate the wrongfully evicted or homeowners struggling to stay in their homes. Much more should be required of banks to provide meaningful help underwater homeowners and compensate foreclosure fraud victims.

    And some good news for homeowners facing foreclosure in Florida:

    WEST PALM BEACH – Home­owners in foreclosure may have a better chance of getting a true trial, instead of a quickie judgment, following a 4th District Court of Appeal decision that requires banks to prove ownership of the note at the time they file for repossession.

    The ruling Wednesday in Palm Beach County was heralded by foreclosure defense attorneys who said it may even force banks to dismiss some cases and start over with new paperwork.[..]

    Wednesday’s ruling was on the case of Robert McLean vs. JPMorgan Chase, and involved a 2009 Broward County foreclosure.

    According to the decision, which reversed a lower court’s verdict in favor of the bank, Chase originally filed the foreclosure claiming the note – basically the IOU from the borrower – was “lost, stolen or destroyed.”

    The claim has been made thousands of times as lenders rushed without the proper documentation to take back homes tangled up in the real estate boom’s securitization frenzy.

    Although most notes are found before a final foreclosure judgment is entered, the 4th DCA said the note also must be correctly dated and endorsed to show ownership before the foreclosure was initially filed – something that Chase didn’t have, according to the ruling. The court also questioned a mortgage assignment made to Chase that was dated three days after the foreclosure was initially filed.

    If there is substantial doubt about the note, the bank should dismiss and refile the case or the home­owner should be entitled to an evidentiary hearing instead of a more hasty “summary judgment,” the ruling said.

    White House Statement: Obama Will Sign NDAA

    Cross posted from The Stars Hollow Gazette

    Welcome to the new America. With the “last minute” changes to the National Defense Authorization Act, the White House Press Sectary announced that President Obama will sign it contrary to his earlier threat to veto the bill. The bill would deny suspected terrorists, even U.S. citizens seized within the nation’s borders, the right to trial and subject them to indefinite detention.:

    We have been clear that “any bill that challenges or constrains the President’s critical authorities to collect intelligence, incapacitate dangerous terrorists, and protect the Nation would prompt the President’s senior advisers to recommend a veto.”  After intensive engagement by senior administration officials and the President himself, the Administration has succeeded in prompting the authors of the detainee provisions to make several important changes, including the removal of problematic provisions. While we remain concerned about the uncertainty that this law will create for our counterterrorism professionals, the most recent changes give the President additional discretion in determining how the law will be implemented, consistent with our values and the rule of law, which are at the heart of our country’s strength. This legislation authorizes critical funding for military personnel overseas, and its passage sends an important signal that Congress supports our efforts as we end the war in Iraq and transition to Afghan lead while ensuring that our military can meet the challenges of the 21st century.

    As a result of these changes, we have concluded that the language does not challenge or constrain the President’s ability to collect intelligence, incapacitate dangerous terrorists, and protect the American people, and the President’s senior advisors will not recommend a veto.  However, if in the process of implementing this law we determine that it will negatively impact our counterterrorism professionals and undercut our commitment to the rule of law, we expect that the authors of these provisions will work quickly and tirelessly to correct these problems.

    Benjamin Wittes at Lawfare gives a quick and dirty analysis from conference report for the NDAA (pdf):

    • The Senate has prevailed on the question of AUMF reaffirmation. The House bill, recall, would have contained a general reaffirmation of the AUMF, whereas the Senate language would only have reaffirmed that the existing AUMF authorized detention operations. The conference report has adopted the Senate approach. (See Sec. 1021.)
    • A watered-down version of the Senate’s mandatory detention provision remains in the bill. (See Sec. 1022.) On the quickest of reads, it seems to apply only to those who are “members of” or “part of” (not supporters of) Al Qaeda and those associated forces that act in coordination with it or at Al Qaeda’s direction, not to the Taliban. It does not extend to citizens and applies to permanent resident aliens only for conduct in the United States to whatever extent the Constitution permits. And it contains the following new disclaimer: “Nothing in this section shall be construed to affect the existing criminal enforcement and national security authorities of the Federal Bureau of Investigation or any other domestic law enforcement agency with regard to a covered person, regardless of whether such covered person is held in military custody.” To put it simply, what has emerged is mush.
    • The conferees have adopted the Senate’s approach to codifying the Guantanamo review process. (See Sec. 1023.) The House had laid out detailed procedures to replace those in President Obama’s executive order. The Senate, by contrast, had merely required the promulgation of procedures that tweaked aspects of the executive order around the edges. The final bill, with very minor adjustments, looks like the Senate version.
    • The Senate’s requirement for new procedures for status determinations for “long-term detention” has survived-with slight tweaks. (See Sec. 1024.) The House got inserted language that clarifies that these procedures-which include counsel and a hearing before a military judge-are not required for detainees who have access to habeas. And the definition of “long term detention” is left to the Defense Department. So the provision, depending on how the executive branch implements it, could be important or could apply to a null-set of detainees.
    • The House bill’s requirement that the administration create a national security protocol governing detainee interactions with the outside world has survived-but with an important change. (See Sec. 1025.) The House version required a national security protocol for each detainee. The conference report, by contrast, requires a single national security protocol governing the Guantanamo population at large.
    • The conference report unsurprisingly contains language forbidding the expenditure of fiscal year 2012 money building detention facilities in the United States to house Guantanamo detainees. (See Sec. 1026.)
    • It also contains language forbidding the use of fiscal year 2012 money to bring Guantanamo detainees to the United States-including for trial. (See Sec. 1027.)
    • It also contains the Senate version of the overseas transfer restrictions for Guantanamo detainees. (See Sec. 1028.)
    • The House’s requirement for consultation between prosecutors and the Pentagon before initiating a terrorist prosecution has survived for foreign Al Qaeda figures and detainees abroad. (See Sec. 1029.)
    • It also contains the uncontroversial clarification of the right to plead guilty in military commission capital trials. (See Sec. 1030.)
    • The House’s prohibition of civilian trials is gone.

    h/t David Dayen at FDL

    Extractionism: Grand Larceny By The Banks

    Cross posted from The Stars Hollow Gazette

    Extractionism: taking money from others without creating anything of value; anything that produces economic growth or improves our lives.

    MSNBC talk show host, Dylan Ratigan has a new book, Greedy Bastards, coming out in January and has been promoting the premise of the book, how the banks have shaken down taxpayers, in a series of on-line pod casts. He recently interviewed Yves Smith, author of ECONned and proprietress of naked capitalism, gave Dylan an education of how the banks have been extracting capital for themselves and why investors are afraid to take them to court for fear the government will retaliate.

    Under an extractionist system, we find lose value at a faster rate over time, while we need to be creating it.  Instead of giving people incentives to make good deals where both sides can benefit, extractionist systems rewards those who take and take some more, and give nothing in return.  Sadly, extractionism has crept its way into every aspect of our economy – it’s everywhere, from trade to taxes to banking.

    Let’s take a look at banking as an example.  As Yves Smith explains, financial firms do provide valuable services to our economy, like establishing stable and reliable methods of payment for goods and services, and selling bonds and stocks to help raise new money to fund big projects. There are more than that, of course, but those are two basic examples of valuable services that our banking and financial sector provides.

    Now, let’s look at how they can also be extractive – almost always going back  the lack of transparency in the financial markets.

    Yves identifies two main extractive techniques of our financial industry.  The first is charging too much for goods or services. “Even fairly sophisticated customers can’t know what the prices are of many of the products, so it’s difficult for them to do side-to-side comparisons,” says Yves.

    The second method is producing products that are so complicated – like in the swaps market – that clients can’t see hidden risk in them.  “This has unfortunately become extremely common now that we have a lot more use of derivatives. Many of the formulas that are used they are disclosed by they are extremely complicated, and then on top of that, the risk models that are commonly used for evaluating the risk actually understate the risk,” says Yves.

    (emphasis mine)

    In the interview Yves makes suggestions how this can be fixed:

  • 1. A small tax on all financial transactions.
  • 2. Give financial institutions a bigger financial responsibility when they knowingly recommending bad products or dubious strategies.
  • 3. We need increased political pressure for an effective and robust Securities and Exchange Commission.
  • 4. More inspection of what the banks are doing in their over-the-counter businesses.
  • The full interview transcript is here.

    Yes, we do need a Constitutional amendment to get money out of politics so this can be stopped.

    h/t Yves Smith @ naked capitalism

    Load more