Tag: TMC Politics

Goldman Sachs Gets Subpoenas From NYC DA

Cross Posted from The Stars Hollow Gazette

Leave it to the District Attorney of Manhattan to do what the Obama DOJ failed to do, investigate properly the fraud that led to the economic crisis.

Goldman Receives Subpoena Over Financial Crisis

By Andrew Ross Sorkin and Susanne Craig

Goldman Sachs has received a subpoena from the office of the Manhattan district attorney, which is investigating the investment bank’s role in the financial crisis, according to people with knowledge of the matter.

The inquiry stems from a 650-page Senate report from the Permanent Subcommittee on Investigations that indicated Goldman had misled clients and Congress about its practices related to mortgage-linked securities.

Senator Carl Levin, Democrat of Michigan, who headed up the Congressional inquiry, had sent his findings to the Justice Department to figure out whether executives broke the law. The agency said it was reviewing the report.

The subpoena come two weeks after lawyers for Goldman Sachs met with the attorney general of New York’s office for an “exploratory” meeting about the Senate report, the people said.

From Talking Points Memo:

Manhattan DA Subpoenas Goldman Sachs Over Financial Crisis

The subpoena is apparently based on information contained in a Senate Permanent Subcommittee on Investigations report on Wall Street’s role in the housing market collapse. The report was critical of Goldman Sachs, and accused the bank of misleading buyers of mortgage-linked investments.

The Patriot Act Renewed Without Change

Cross posted from The Stars Hollow Gazette

The (un)Patriot Act was passed, unamended, without debate, and signed by President Obama, who was still in Europe, with a robotic pen before it could expire. Sen. Ron Wyden (D-OR), who along with several other liberal senators, had proposed an amendment that put an end to the government secret interpretation of the law, cut a deal with Senate Majority Leader Harry Read (?-NV) and Sen. Diane Feinstein (?-CA) to withdraw the amendment. Reid promised to hold hearings on secret law, and, if his concerns were not met, propose his amendment at a later date.

I long ago gave up any hope of change from the current regime. It’s obvious that they have shed their skins and revealed themselves to be no better than the Bush/Cheny criminal regime that they are covering.

George Washington University law professor, Jeffrey Rosen, joins Cenk Uygur to discuss the (un)Patriot Act, its unconstitutionality, the duplicity of Harry Reid and how American’s really do not understand what is in this bill.

Say good-by to the First, Fourth and Fifth Amendment, as well as, Article III courts.

In Memoriam: Freedom

Cross posted from The Stars Hollow Gazette

Is this what our brave men and women fought and died for, a police state?  Bush had people arrested at his rallies for tee shirts and bumper stickers, now people are being arrested for dancing which the courts are ruling is a form of “protest”. What would Jefferson have thought about this and the way the Park Police behaved?

Protecting The Constitution & Our Internet Rights

Cross posted from The Stars Hollow Gazette

In the November elections, one of the greatest losses that the left suffered was Russ Feingold. What we didn’t notice until this past week during the rush to please the right wing and President Obama by renewing the unaltered (un)Patriot Act for four more years was that there were others who had picked up the cause of the left, Sen. Ron Wyden (D-OR), Mark Udall (D-CO), Jeff Merkley (D-OR) and Tom Udall (D-NM).

Amendment Requires Government to End Practice of Secretly Interpreting Law

Wednesday, May 25, 2011

Washington, D.C. – As the Senate prepares to approve a four-year extension of the Patriot Act without public debate about how the executive branch actually interprets controversial provisions in the ten-year-old surveillance law, U.S. Senators Ron Wyden (D-Ore.), Mark Udall (D-Co.), Jeff Merkley (D-Ore.) and Tom Udall (D-NM) introduced an amendment to the Patriot Act reauthorization legislation to require the U.S. Attorney General to make the U.S. Government’s official interpretation of the law public.

The amendment also states that it is the “Sense of the Congress” that government officials “should not secretly reinterpret public laws and statutes in a manner that is inconsistent with the public’s understanding of these laws and should not describe the execution of these laws in ways that misinforms or misleads the public.”

Now, Sen. Wyden takes a stand for our internet rights and against the sell out Democrats by placing a hold on the “Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011” (pdf) or as is euphemistically known the “Protect IP Act” which is the second try at getting Combating Online Infringement and Counterfeits Act (COICA), which failed to pass the last session thanks to Wyden.

The “Protect IP Act” is a revamping of COICA making it just as bad if not worse:

This version changes the “interactive computer services” language mentioned in our post below to “information location tools,” a term that points back to section 512(d) of the Digital Millennium Copyright Act. In that context it’s been generally understood to refer to search engines, though there’s no guarantee we wouldn’t see efforts to expand the definition in actions under this bill. But in any case, requiring search engines to remove links to an entire website raises serious First Amendment concerns considering the lawful expression that may be hosted on the same domain.

In other words, “the proposed laws could be used to shut down websites that link to other websites that authorities claim to be carrying out infringing activities.”

Gaius Publius at AMERICAblog points out that Homeland Security already has shut down sites:

As evidence, I offer channelsurfing.net and atdhe.net. These domains created no content, as near as I could tell. But they linked to sites that offered sports television over the Internet, and those links were on a game-by-game basis. So, for example, if you didn’t want to subscribe to cable, but wanted to watch ESPN games, you could go to one of these sites, peruse the list of links, choose your game and source, click and watch. Sometimes several sources offered the same game, and you had several links to choose from.

Again, neither of these sites generated the video. They merely offered links to other sites that did. Those other sites perhaps violated intellectual property rights; these sites certainly did not.

Now go ahead and click the links for those sites, and see what happened to them. Yep, that’s the Homeland Security logo.

hree guesses when both of these seizures occurred. If you said “Right before the Super Bowl,” America’s ad and money feast with a football game inside, you wouldn’t be wrong. Homeland Security, the counter-terrorism arm of our national security state, is helping to seize small-people’s property (those sites were property) in order to protect the profits and property of billionaire sports owners and the advertisers who love them.

Not that I wasn’t certain that Obama and friends weren’t in the pockets of billionaires and corporation but it is becoming even more evident that most of the Democratic leadership is no better than the Republicans.

We need more people in Congress like Ron Wyden who are willing to stand for the people who elected them. Like Gaius Publius, I’m making lists of those who are willing.

Why Are We Still In Afghanistan?

Cross Posted fromThe Stars Hollow Gazette

Osama bin Laden is dead. Now after 10 years why are we still Afghanistan? What our diplomats fail to recognize about tribal customs of the Afghan people gets an explanation from Rachel Maddow. The reason for the military to be in Afghanistan is dead, of that I am certain. Are we now getting closer to bringing our troops home?

Jobs, Jobs, Jobs????

Cross posted from The Stars Hollow Gazette

The Republicans in the House have been so busy with the really important issue of finding new ways to restrict a woman’s right to choose that creating jobs were left to wait until now.

On day 141 since the GOP took control of the House Republicans finally released their jobs plan. It was a minor distraction from their laser-like focus on your uterus. Racel Maddow takes a look at waht they’re trying to do in the House and states like Louisiana, Georgia and Florida.

The Friday Funnies

Cross posted from The Stars Hollow Gazette

On Friday, Lawrence O’Donnell’s The Last Word does a round up of videos with the amusing observations of late night comedians and hosts. From Sarah Palin to the Rapture, here is what the funnier pundits had to say with the best of the week

Congressional Game of Chicken: Presidential Recess Appointments

Cross posted from The Stars Hollow Gazette

Back in October, I wrote this article, Separation of Powers Game of Chicken, which discussed the use of pro forma sessions to block the president from making recess appointments. The reason I’m resurrecting this discussion is that Senate Majority Leader Harry Reid has scheduled these pro forma sessions over the holiday weekend to prevent President Obama from appointing Elizabeth Warren as head of the Consumer Financial Protection Board over the objections of Republicans. As with the blocking of Richard Diamond, an eminently qualified Nobel economist, to the Board of Directors of the Federal Reserve, it is Sen. Richard “no” Shelby (R-AL) who has said he will put a hold on Dr. Warren’s appointment if the president nominates her.

Republicans used the threat of a procedural blockade to make sure President Barack Obama wouldn’t be able to make recess appointments while the U.S. Senate is on a break next week, including naming Elizabeth Warren to head the Consumer Financial Protection Bureau.

Instead of allowing all senators and their staffs to leave Washington, Majority Leader Harry Reid scheduled “pro forma” sessions, in which the chamber officially opens for the day, then gavels to a close right away. That can be handled by two lawmakers and aides.

Any time the Senate breaks for four days or more, the president has the power to officially appoint a nominee for a limited period without having to wait for a confirmation vote.

snip

Reid, a Nevada Democrat, kept the Senate in pro forma sessions during the final months of Republican President George W. Bush’s administration to block him from appointing nominees that Democrats had refused to confirm.

If Reid hadn’t decided to quietly schedule pro forma sessions, another procedure could have publicly forced him to do so. The House is required to agree to Senate recesses, and concurs as a matter of routine.

Confused? Is Reid a Democrat? Or has he secretly gone over to the dark side? It is time for the president and the Democrats to put on their “man pants” and call out these faux sessions that are constitutionally not legal sessions. I will repeat the arguments of why these pro forma sessions are not constitutional and do not stop the president from making recess appoints.

Victor Williams, Assistant Professor at the Catholic University of America School of Law and an attorney, writing for the The National Law Journal makes the argument that the pro forma sessions every three days during recess are little more “than a game of separation-of-powers chicken”. There is nothing in the Constitution and Appellate courts have ruled that “there is no minimum recess time required for a valid recess appointment”.

But there is no minimum recess required under any law. The three-day minimum recess is fiction – as fake as are the Senate faux sessions. Better to begin with nonfiction – the Constitution.

In 2004, the U.S. Court of Appeals for the 11th Circuit ruled: “The Constitution, on its face, does not establish a minimum time that an authorized break in the Senate must last to give legal force to the President’s appointment power under the Recess Appointments Clause.” In Evans v. Stephens, the 11th Circuit, following prior 9th and 2d circuit rulings, broadly affirmed the executive’s unilateral recess commissioning authority during short intersession and intrasession breaks.

Even the Senate’s own Congressional Research Service reports: “The Constitu­tion does not specify the length of time that the Senate must be in recess before the President may make a recess appointment.” . . .

The president’s constitutional appointment authority cannot be trumped, or even limited, by Senate scheduling shenanigans. In fact and law, the 111th Senate is now dispersed to the four corners for six campaign weeks. Gaveling open, and then gaveling closed, a half-minute meeting of an empty chamber is not a legitimate break in the recess. A Senate quorum could not be gathered; neither legislative nor executive business could be conducted. Constitutional law demands substance over form.

The faux sessions only further expose the broken institution and its failed, dysfunctional confirmation processes.

At bottom, recess appointments are a matter of presidential will. In 1903, Theodore Roosevelt set the standard when he recess-appointed 160 officials during a recess of less than one day.

Mr. Williams points out that George W Bush’s failure to call this should not be Barack Obama’s.

Perhaps it is George W. Bush’s fault that the media erroneously reported that Obama’s recess appointment authority is lost. When majority leader Harry Reid first used the pro forma tactic against Bush over Thanksgiving, 2007, the 43rd president failed to push back.

Bush did not recess appoint for the remainder of his term despite calls for him to call Harry Reid’s bluff. A commissioning of even one noncontroversial nominee to a low level position would have asserted the executive’s prerogative. His failure to do so may be mistakenly interpreted as setting a precedent. It does not.

As I have noted on this site, Harry Reid appears to have gotten the better of George Bush; bluffing is a basic gambling skill for separation of powers and Texas Hold ’em.

This government is in need of a major shake up. It’s time that the President and the Democrats stood up for the people who put them in office. End the game, call the bluff.

Own It, Live With It, Embrace It

Cross posted from The Stars Hollow Gazette

Because we aren’t going to let you get out from under it….

Thus spoke Anthony Weiner on on May 24th, laying out the Republican plan to replace Medicare with an inadequate voucher program:

Today, House Republicans brought another bill (HR 1216) to the House floor that does not address jobs and wastes time in a futile attempt to repeal part of the Affordable Care Act. House Democrats are staging a “mini-filibuster” by “striking the last word” allowing them five minutes of time to discuss their strong opposition to the Republican-passed budget which ends Medicare as we know it and forces seniors to pay over $6,000 more a year.

   Weiner: I move to strike the last word Mr. Chairman. Mr. Chairman, you may recall I was standing here approximately two hours ago waiting to speak with several other members on the efforts of my Republican friends to eliminate Medicare as we know it and for reasons that are known only to the Chair, I was denied the ability to do that. Well, I’m back. And just to review the bidding, here’s where it was before that order was made. We had the Chairman of the Republican Congressional Campaign Committee, a good man, a guy I like, stand down in the well and say, ‘Oh, no’ (and this by the way is someone who is elected by the Republican members to represent them in races all around the country) saying that the Ryan plan wasn’t a plan it was and I’m quoting here, “a construct to develop a plan” and he said the proposal is not a voucher program and then he said it was a one size fits all, that Medicare was draining our economy is what he said.

  Well, ladies and gentlemen, that might be the rationale for our Republican friends wanting to eliminate Medicare, but none of those things are true. It is not a ‘construct to develop a plan’ it is the proposal of the Republican party of the United States of America to eliminate Medicare as a guaranteed entitlement. If you don’t believe me, go get the book that they wrote, go get the budget that they wrote, go get the bill that they wrote.

h/t to Crooks & Liars for the transcript.

The Ryan Budget plan has failed in the Senate with 5 Republicans opposing it, the Republicans are still embracing the proposal to eliminate Medicare. They are in denial about the loss of NY-26, long a Republican stronghold. to Democrat Kathy Hochul. The sadder part is the White House has also missed the message

Joe Biden group to tackle Medicare and Medicaid: aide

Vice President Joe Biden and top lawmakers will examine government-run health plans on Tuesday as they try to work out a deal to raise the United States’ borrowing authority, a congressional aide said.

h/t Marcy Wheeler

It would appear that the White House is willing to sell out future seniors to give political cover for raising the debt ceiling.

Cry For This Country

Cross posted from The Stars Hollow Gazette

This country stands on the edge of no longer existing as the Founding Father’s envisioned in the Constitution. Congress is about to infer on the Executive branch unprecedented power to wage war anywhere, detain or assassinate anyone, anywhere without due process and continue the expansion of the national security and surveillance state. The renewal of the reviled Patriot Act, is slated to be passed by congress with bipartisan approval today. As Jon Walker so astutely observes:

The often praised “bipartisanship” is rarely ever the product of both parties coming together around what the people want, and almost always about using each other as cover to avoid electoral consequences for voting in opposition to the will of the electorate.

The controversial Patriot Act, a bill once despised by almost every Democrat, passed cloture in the Senate on Monday night by 74 to 8. As Glen Greenwald noted only bills in support of Israel get this kind of near unanimous support. Eight Senators voting against cloture were Independent Sen. Bernie Sanders, Democrats Jeff Merkley, Mark Begich, Max Baucus, and John Tester, and GOP Senators Lisa Murkowski, Rand Paul, and Dean Heller. Tester and Paul spoke out specifically, objecting to the most egregious parts of the bill and the need for reform.

NY-26: Election Day: Up Dated

Cross posted from The Stars Hollow Gazette

Voting has started in Western New York House District 26 to replace Craig’s list Republican Christopher Lee. The strongly Republican district is expected to flip to Democratic blue because of the Republican melt down over Rep. Paul Ryan’s budget bill which wold end Medicare and decimate Medicaid. So far the Democratic candidate, Kathy Hochul, has a comfortable lead in the polls over Republican choice Jane Corwin and the 78 year old perennial candidate, Jack Davis, who is running on the Tea Party line. All eyes are on this race since it is likely to be the template for coming elections in the national debate over the Ryan budget despite House Majority Leader Eric Cantor’s protests that this is not a referendum on that bill.

Democrats should not get too comfortable and I’m sure they’re not, this can always go the other way. Politico will be watching five factors in this race tonight:

The Davis effect

There’s probably no more critical factor in the race than Jack Davis, the Democrat-turned-tea-party-candidate who’s spent nearly $3 million of his own funds casting himself as an independent-minded outsider who will save the Buffalo area’s blue-collar workers from losing their jobs to China.

Erie County Democrats

Simply put, Hochul needs to rack up a big margin in her home base of Erie County, the district’s population center and the portion of the district in which Democrats have performed most strongly in recent congressional races.

Rural Republicans

Corwin is looking to make up for her expected Erie County deficit with a large turnout in the district’s more GOP-friendly rural counties, such as Wyoming and Livingston, which in previous years provided sizable margins for former GOP Reps. Chris Lee and Tom Reynolds.

The senior set

There’s little question that Democrats have succeeded in focusing the race on the future of Medicare – an issue that’s critical in the minds of senior voters who heavily populate the district and are among those most likely to vote in a special election.

The expectations game

Just as important as any tactical factors will be who finishes ahead in what has emerged as a vigorous spin war. With the race emerging as a preview of the 2012 campaign and the first political litmus test for the Republican budget push, the stakes couldn’t be higher.

The polls close at 9 PM. I will be phone banking for Kathy Hochul for most of the day. I’ll up date later as the results come in. Best of luck to Kathy.

Up Date: 7 PM EDT: From David Dayen  at FDL, the “fun” has already begun before the polls have closed and the first ballot counted which smacks of desperation by Republican Jane Corwin. Let’s hope that the margin is so big that she won’t be able to utilize this delaying tactic

Corwin granted court order barring certification of winner

   Jane L. Corwin this afternoon obtained a court order from State Supreme Court Justice Russell P. Buscaglia barring a certification of a winner in the special 26th Congressional District race pending a show-cause hearing before him later this week […]

   Chris Grant, a spokesman for the Corwin campaign, said the court action “is very typical” in such close elections.

   “We recognize the closeness of the race and we want to make sure that every legal vote is counted fairly and accurately,” Grant said.

   Paul B. Wojtaszek, Buscaglia’s law clerk, said such prospective court actions are permissible under the state’s Election Law when a close vote is borne out by pre-voting polling.

.

And on a comedic note from David:

(Ian) Murphy is the Green Party candidate for this Congressional seat, but in a stunt, he posed as a campaign worker for Corwin and actually made phone calls on her behalf yesterday. The response shouldn’t be encouraging to the Republican candidate:

   “Hi, sir, my name’s Steve and I’m a volunteer for the Jane Corwin campaign-”

   “Jesus!” a guy screams at me. “You know, I was thinking about voting for Corwin, but this is too much! You people have called me a dozen times in the last two days! I am sick of it!”

   “But Jane Corwin wants to rule over you with an iron fist,” I calmly relay. “Don’t you crave strong leadership?”

   “What?!” he balks. “An ‘iron fist’?”

   “Yes,” I assure him. “These phone calls are just the beginning. When Jane’s in Congress she will do everything in her power to crush you mentally and physically.”

   “Don’t call me again!” he says and slams down the receiver.

I needed a laugh. Everyone that I have called was friendly & cheerful with concerns about a lot of issues, others just hung up.

AFL-CIO President Lays It On The Line

Cross posted from The Stars Hollow Gazette

The president of the AFL-CIO, Richard Trumka, gave an hour long speech before the National Press Club that sent a message the Democratic Party that if candidates for office want union members votes and money, they had better start standing up for labor and mean it:

“It doesn’t matter if candidates and parties are controlling the wrecking ball or simply standing aside to let it happen,” Trumka said. “The outcome is the same either way. If leaders aren’t blocking the wrecking ball and advancing working families’ interests, then working people will not support them.”

The AFL-CIO’s executive council is considering a plan that could spend less on congressional races and more on fighting state battles like those in Wisconsin and Ohio, where lawmakers want to weaken collective bargaining rights and reduce union clout.

But Trumka made clear the federation had no plan to follow the lead of the nation’s largest firefighters union, which announced last month that it would halt all political donations to members of Congress because they are not fighting hard enough for union rights. The move has won praise in many corners of the labor movement, where union activists have openly grumbled about House and Senate Democrats being too quiet while unions are getting pummeled in dozens of states.

“We’ve spent money where we have friends and we will continue to do that,” he said.

Leon Fink, a labor historian at the University of Illinois at Chicago, said unions are tired of being taken for granted and discouraged that their influence with moderate and conservative Democrats has been limited.

“Spending a lot of money electing conservative Democrats in marginal districts had no legislative payoff for unions,” Fink said. “They don’t seem to have the capacity to impose their will on the party.”

Damon Silvers of the AFL-CIO joined Cenk Uygur to discuss the issue

Mr. Trumka did not mention President Obama but was incensed about the tax deal the White House cut with Senate Republicans last year and curtly reminded the Democrats that aren’t assured of union support: “Remember Blanch Lincoln”. Ouch

Load more